1948-01-14 — Page 2

Page 2 A

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FRIVOLOUS LEGAL SUBMISSION Kowloon City Men Counsel Retire

Sentenced

From Case

Chu Pui-tong (32), farmer, and Lau Weal-ty, 27- year-old partner of the Hop Hing Knitting Factory, were sentenced to three months' hard labour on being convicted by Mr. W. A. Blair-Kerr at Kowloon yesterday on the charge of incitement." After the retirement of their defence counsel, neither defendant was legally represented. Their application, at the conclusion of the case, for a remand was rejected by the Magis- trate. When informed that they were found guilty both defendants declared that they wished, to appeal against the verdict.

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"I think the submission made on jurisdiction is frivolous and I am not prepared to grant za further adjournment on this score. I am re- cording here that the defendants have not fully argued their submission so that in the event of an appeal on this question of law they would not be in any way prejudiced. No In- justice appears to be done as Mr. Sin intimates that he is hot asking for bail. I order the case to proceed and ask the prosecution to pro- duce their witrlesses.”

With the above ruling, Mr. or rather sovereignty, jurisdle- | W. A. Blakk-Kerr yesterday dia- tion.

Personalia

Reminders Today

Debate on "Films have done more harm than good,” ak European YMCA. 8.80 p.m. Sino-British Club Orchestra re- hepraat St. John's Cathedral Hail, 4 p.m.

Screening of "Wimbledon-1947," :

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Y's Men's Club Luncheon, H.K.

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K. Women' "International Club "At Home" to Lady Grantham, Gloucester Bldg., 4.30-5 p.m.

FRIDAY

TRUSTEEN

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MARRIAGE AND OTHER SETTLEMENTS

H.K. Engineering Suciety meet-merit investigation by all who would

The advantages derived therefrom

ing, talk on "Air Condition-afeguard the future for themasives

ingit by Mr. S. E. Faber, their dependants.

Jacobenn Room, HK. Hotel, 4 p.m.

Tried To Take

"That is clearly defined in Trousers

not

›

Woman,

missed the applications of Mr. It was, and Mr. Jin, impossi- Percy Chen, Mr. Peter H. Bin ble to proceed with the case ar to loon City and not to exclude this and Mr. Alfred Y. Hon for in due care had to be given to the was packed The Court

while overflowing,

R large Colony's jurisdiction.

case in laws involved and to adjournment or the

marshal crowd gathered outside the pre- "It was found in the follow-which Chu Pul-tong and Lau all their ramifications. He had rints of the Magistracy, trying ing year that the reserved right Ngal-tu were charged with in- been assured by defence coun- sei (Mr. Peroy Chen) that it to seek admittance.

to jurisdiction of Chinese cffcitement

Mr. Bin, for Chu, addressing would be impossible to proceed The grounds of the Kowloon clala id Kowloon City was in the Court, said that as he had at the present stage.

the Courts were patrolled by mem-ccnsistent with the military re-intimated to the Magistrate on Asked by

Magistrat hera of the Kowloon Emergency quirements for the defence of Monday morning the case was what was the question of sover. somewhat involved and Includ? |¦eignty jurisdiction, Mr. Sin re- Unit, while heavy Police patrols Hong Kong. were kept in the corridors and "It does not say in the Treaty ed the question of territorial, plied that it related to whethe

Kowloon Walled City was Chin- Inside the Second Court itself. upon whom devolved the respon

¡ese br British territory. This Court Inspectors Orom, Ho-sibility to decide that the pusl

would involve a close study of the Treaty and the Protocols. warth and Cheng were among tion was inconsistent with Hong- those keeping guard over the Kung's military requirements.

Ordinance? Group Captain J. N. Jeffer the Interpretation two necused when they appear.

son, who arrived in the Colony Do you suggest that the Inter ed in the dock.

Ordinance is ultra last Friday to take over com- pretation

Kee Mul, a married "Quite obviously, only the mand of R.A.F. Station, Kai-vires?" asked Mr. Blair-Kerr

"It is not ultra vires Insofar as yesterday fined $200 by Mr. British authorities could deride Tak, joined the Royal Air Force as Hong Kong is concerned. It X d'Almada at Central thin and the omission to state from the Cambridge University hinges on whether the Order Magistracy for siding and abet- ting in the attempted larceny that specifically in the Treaty is Air Squadren in 1931. He served in-Council of 1898 was valid or of two pair of

trousers from consistent with the view that in Singapore for two years be-not."

Messrs. Whiteaway. Laidlaw on that was intended and consistent fore the war, as Adjutant and Laws Of Hong Kong

Monday. Mr. Blair-Kerr: "I am also with the fact that the ter- Flying Instructor to the Straits

Volunteer Air concerned with the two states

I am only concerned with the ritory, including Kowloon City. Settlements had passed to the lessees to- Force.

In 1939 Group Captain Jeffer. laws of Hong Kong." gether with completo sovereign.

Asked on what documents he lawful ty over it--unqualified by then went to France on the staff was busing his contentions. Mr. of the Bin replied, "The Peking Con- original permission to allow a of the Air Component

Force, vention." un British Expeditionary customary jurisdiction

and after Dunkirk was posted

The Magistrate: "Is that part specified Chinese officials.

"This decision to revoke the to Bomber Command. He served of the law of Hong Kong?" when a watchman accused her

Mr. Sto: "It is. It was pro- made on the Air Staff of No. 5 Group mulgated by the Privy Council of attempting to steal them- clause referred to was

Order-in in 1941 and later became As-l în 1898, In that document the subject of an

certain reservation Chan Sk and Leung King, Council in 1899, revoking the cistant Secretary in the Offices there is a clause in the Order-in-Council of War Cabinet and Minister of by Art. 4 in which it is provid- master of trading junks, were of the previous year which re- Defence. During 1944 the Grouped that in a certain area known each fined $300 or two months commended. R.A.F. as the City of Kowloon Chinese yesterday by Mr. N. Garland, served jurisdiction to Chinese Cuptain

officials "now stationed in the the Marine Magistrate, for at- Station Skellingthorpe InCity

Kowloon" should have offelals.

Bomber Command and In Jurisdiction over that area. tempting to leave the waters of Deceraber of that year he was Mr. Bláir-Kerr: "Now sta- the Colony in the early hours appointed Deputy Director oftioned? What happened when of yesterday. Both defendanta Organization at the Air Minis-they died?"

pleaded guilty. Mr. Sin went on to state that: try and remained in this post the test of whether Art. 4 was until he left the United Kingdom revoked or not was whether for overseas in February 1947. that declaration abrogated un- He has since served as Base tlaterally or whether it Wis Govern- Commander at R. A. F. Base abrogated by both

ments, Singapore.

Mr. A. Mrs. Jefferson came up from Counsel, in opposing the appli- Lonsdale. Crown Singapore with her husband. catión for an adjournment stated that he based his op-

Mr. A. Lonsdale, Counsel, prosecuted, assisted by Assistant Director of Criminal Intelligence L.R. Whant,

Presenting the case for the

"This CARO arose when Mogistrate marie an order for the eviction of certain persons who were squatting in the area concerned. While the Poller were engaged in their duties the two necused incited by words and actions the re- mainder of the persons in that #ren to resist the Police,

"It appears, and will appear from evidence, that the persons were moving out without resort ing to offensive measures. After the arrest of the two accused they did move themselves and their belongings from the ares. "Molehill"

to

"In puravance of the decision Chinese officials ceased to exer cine jurisdiction and

for the past 50 years there has been no jurisdiction exercised by any Chinese official over any matter in the New Territories or in this area."

筆

•

Mr. R. Hazzard, Australian position on (1) the recent dis- Commissioner in Hong turbance which had resulted in

"An endeavour has been made in this case to make a moun- tain out of a molebill. Interna- timal Law has been referred to without going into the differ ence and relationship between that body of law and Municipal Crown Council concluded by Law in this Colony.

submitting that acquiescence by "Firstly, it is abundantly the Chinese Government during clear that if International Law the past 50 years was proof of ia in conflict with Municipal their acquiescence to British Law, the latter prevalls. Text jurisdiction over the area. writers such as Holland, West- Mr. S.A. Fowler, Land Bai-de lake and Oppenheim are agreed tiff, in the course of his evidence Kong, flew to Manila yesterday injuries. Further delay in hear

by P.A.A. Clipper' on an official ing the case would have the 4. this.

stated that when he served mission.

probable effect of continuing "I am not fur a moment sug- copies of the Magistrate's evic

the disorders and resistance gesting that in this case In- tion order on Dec. 22 last he Passengers leaving Hong Kong to lawful actions of the Police. ternational Law and Municipal anw first accused, who collected for Manila yesterday by P.A.A.

second ground. sald Law are at variance; in fact, the notices as fast as Witness Clipper "Lightfoot" yesterday in- Crown Councel, was in the in- cluded Mr. and Mrs. A.D. terests of defendants them- they are not but in accord in distributed them.

Calhoun, Mr. and Mrs, N. H. selves as it could not possibly this case and I only referred to

Mr. H.W.E. Heath, Com Duckworth, Commander and Mrs. be conceived that ball would be the matter merely that it may manding Officer Kowloon and EP, Furber, Albers Odell, R. D. granted to them. be understand that in this case New Territories, testified that Ralfe, J. D. Ross, Commander and we must look to Municipal Law, on arrival of the Police party Mrs. 1. K. Vandam, Mr. and Mrs.

•

The

"Frivolous"

and, if we find it equivocą),} at 7am. on Jan. 5 there was ajo. Safford and A. L.Bögelawis ready to proceed, said

crowd of people standing in the

The submission of not being Crown Counsel was frivolous as he, Poinsula Hotel arrivals himself, only received instructions

must accept it.

"The Colony is defined in the south-east corner with what ap Interpretation Ordinance and Ipeared to be their personal ber and Mrs. N. H. Duckworth, exclusion of Kowlooh longings, and household goods. Mr. and Mrs. Ian Lyall, E. H.

Hindmarsh, W. W. Watt. City. By an Order-in-Council,

Peninsula departures. A. 1899, Kowloon City is stated to

Mec no

Shouting

at 3 p.m. on Monday and was yet ready to proceed with the case.

in reply to the Magistrate as to the time needed, Mr. Sin said that ́his reoded "about a week.

Cheni

form a part of the Colony for As the Police approached Phoenix, Wm. McRae and J. Paris was supported by Mr. all purposes. The Letters Patent there was a lot of shouting, Werrall. give the Legislature of the with first defendant playing a Colony exclusive

jurisdiction prominent part, shouting in- HK. Bank

over the whole of this Colony. atructions to the people to move

"So far as Municipal Law is their baggage back home; } concerned there can be no doubt Wifitess saw "Ghu picking up

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that this Cours has jurisdiction stone, as did several others. The Directors: The Hong Kong and that the law of this Colody He was, as, the same time, in- runs in Kowloon City just as instructing the people to resist announce that cut of the profits, ceed. Mr. Bin and Mr. Chen the Island of Hong Kong, the Police and not to pay any of the Bank' for the year ending bosh refused to go on with the

"It might satisfy the accused alfention to the Police. Second Dec. 31, 184%, a final dividend of case without an adjournment. if I'referred also to the poaltion accused said, the same thing. per share thett

*deduct When the Magistrate · ruled under International Law-thai- Chu, sadd Mr. Heath, danced for of "Hong Kong Corporation that there was no ground for HONGKONG SOYA BEAN PRODUCTS CO., LTD. Fronte Tax) will be paid lanying an adjournment and ordered On instructions]."

a balance of approximately 48, the le between China and Great from the Commissioner of Police 300.000 to be carried forward, he case, M. Hun applied for the prosecution to proceed with Britain over this question. he instructed some policemen The sum of $2,000,000 has been leave to withdraw from thi

Pin 1898, there was an agree- nearby to arrest Lau (second) written,

Bank Premises Case. He said that he had no ment between Groat Britain sad) accused).

Acttunt.

diternative but to withdray Chino, a clause of which is?' As this was being done, he The accounts are still subject and likewise to instruct counsel

to audit.

to do the same, - It is at the same time agreed went with other Police officers that within the City of Kowloon to arrest arst accused, who had Masters of seven small craft adjournment in order to advise Mr. Bin applied for a short the Chinese officials now sta- backed away and stopped to

pere charged before the Marine, bis client that both himself floned there shall continued to pick up a stone.

wore retiring from Magistrate, Mr. Garkide and exercise jurisdiction, except so "I rushed him and gol hold yesterday with causing offic the case far as may be inconsistent with of his loft wrist with my right tion to the Public Square Plato Ph. Mr. Sin

When the Court resumed. the military requirements for hand. I tried grab him with on Monday mor the defence of Hong Kong my Inft hand as well but he pleading callty wydre Within the remainder of the knocked my hand away

500. or two weeks. newly leased territory, Great. Mr. Heath said that the ob Britain aball have sole jurisdic-ject of the Police was to malo tion.'

tain law and order in the arcs," ***It cannot be disputed that, and to protect the belongings of Kowloon City was part of the the squatters as they were be Teased aren in this wording. In ing removed from the sheds, - mysubmission, the working Det Inspecto, Kenneth C.Y. ghowe "un" "intention to create Bio, after describing the entry doncurrent, jurisdiction. In Kaw; of the Police to the area, de-

clared that he heard first ac mused shouting:-"

ONLY

***To oscurants need not be afraidi Don't let them pult the structures. down. Realat to: Inst['C

Turning to the Police accused, said (PT Siu) abou "You Chingao Polifemch not let the foržiguera, mth.

an enemy El

not

+at

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