1948-03-18 — Page 2

Page

THE CHINA MAIL, THURSDAY, MARCH 18, 1948.

Motion For Leave To Appeal To The King In Council

Personalia

Mrs. Arthur Gee and children aniled at dawn yesterday in the] "Oreg Mail" for Vaufrouver.

Bay

Arrivals

Ropofita ni

Iluded Dr. Hotel yesterday M. A. Leckte, Mr. W. .. McClelland, Mr. Woodward and Mr. W. C. Gamersal, Depar tarck Includert Mr ". H Hanket, Mr. R. Lock, Mrs. B. L. Everett and Mrs. J. E. Laird

•

Arrivals at the Hong Kong included Mr. Hotel yesterday M. E. Haefell and Mr. E. D. Sultan. Departures included Mr. A. W. Caron and Mrs. S H. K. Whiteloose.

The refusal of the Fall Court comprising 'Mr. Jus- tice E. H. Williams (Chlef Justice) and Mr. Justice J. Reynolds (Acting Additional Judge), to grant a stay of execution relative to an eviction order in respect of 657, 659 and 661 Nathan Road, Kowloon, has resulted in a Notice of Motion being filed for leave to ap- peal to His Majesty the King in Council. appellants, Luk Shun-wo, The Po Fong Studio and Kam Yan-mee submit that the principles in dispute are of such great public importance that they have obtained authorization from over 100 shopkeepers and business firms to cable the Secretary of State for Colonies in the matter.

The

.

been favour of respondents, with a Nimilar authorizations have obtained from The Kowloon Chinesef execution for 14 days to

Kow notice of appeal to be given. Any Chamber of Commerce. The

further way was to he sought from the Coun of Appeal. When applica- tion for further stay was made to the Churt of Appest on Mar. 11, was held that there were an special circumstances why the application should be granted,

#

In Support

Restauram and Eating Home Merchants Association asul al from and The Five Districts Industrial Commercial Chamber which re present the Yan Ping, Hai Play, Sun Wui, Te Shan and link Shan Dis trices in Hong Kong Arrivals at the Gloucester

The premises which from the sith. Hole yesterday included Mr.ject of the dispute are owned by Comer, Mr. Colwell, Mr.

Henry, G. Leong Esates, who E. Von Lebo. Mr. 4. Feited a respostdents in the appen, Bocketed,

Rolis, te is the intention of respondents been set forth Mr. M. S. M: M.

Mr develop the site which the per- Edwards. Buxton, Mr. and Mrs Bennett, mises in dispute now stand and to Men. 1. de Aquilar and Mrs, crest thereon a substantial structure.

at the cost of $180,000, for the 2 R. Sternfeld,

the Kawin Branch of the Stone Kong and Shanghai Banking Cor poration ant business premises,

recuremendathin On the Tenancy Committee, H. E, the Gaver- nor-in-Council exempted the

The premises from the provisions of the Landlor

Thursday

Anyela The programme an 24h will be Herital við Classical sol

Vietninger Folkbar Mude played Ho, Heyrn Vat Tz.

-

uf

Mrs. Sauren Van Ty who has received

pria in pin at the Freh and Trusht Ordinance, on Sept.

After Academy Umarrvatole National | 1947. A notice to quit was given to

בן ג

acconi

I stay

of thev

Haul

Huge Of Raw Opium

+

Lies From Start To Finish

"I WAS ROCKulted and he ask- edime for $109 an 1. had been inside the Cathedral. Because

#1 would not pay him the money

Judge Suggests Ordinance

Should

Be Amended

The appeal by Cheung Man kwong, Canton bus conductor, which was dismissed on Feb. 17,

was recalled yesterday, when Wir. Justice E. H. Memoirs Of

Williams (Chief Justice), delivered. written judgment setting forth the reasons for his 'de- clalon

he called polireman and made Cheung was found guilty of having assaulted Sze-

t'

faise allegations against The,W declared, Wang Yo Kwok, 29 Central Magistracy yesterday before Mr. P. X.TÄlmista on K. charge of stealing two surplices from St. John's Cathedral,gol

Defendant

"hot pleaded

guilty."

First witnces was a Church "boy," Leung Kwal, Who said] that he saw defendant coming out of the Cathedral; with his He asked clothing bulging. him what he had inside hie and defendant pulled clothes cut the two surplices and throw them on the ground. He than ran away but was caught by a policeman.

It

cor-

Rary,

!

Winston Churchill

It irunew

resistance.

3. 1930 and the

writer

Murderes Charge

to Va Chuan, an Inspector of the Chinese Maritime Customs, at the K.C.R. on Dec. 3, 1947, and was sentenced by Mr. Latimer, Kow-

expected that the first instalment of The Memoirs loon Magistrate, to six months' imprisonment

of Winston Churchill, personally with hard labour, "This is one of the largest

written by the great war leader, He appealed against this sen-enforcing the exercise of such will be featured in the May 10 hauls we have had for some

issue of the "China Mall," tence on the following grounda: powers;" time and I would like you..to

decision was "The opening words of the Bogun in the autumn of 1940, take a serious view of the case

(1... that the is there is quite a lot of oplum

against the weight of evidenco: subsection are not unlike those Volume One of the Memoirs being brought into the Colony

(2) it was a case of mistaken used in section 78A (8) of the (which the Citha Mall" will identity: (8) Swatow,"

he did not call Criminal Procedure Ordinance, present serially before it appears from on the boats

which read-For then nook) covers the period from immediately after World Halt R.O. Humphreys -prosecut

evidence owing to ignorance of 1809, the law: he was not legally purposes of this Ordinance the War I to Muy, 1940, when Chur- aying Ng Kai for possession of

(4) he was Full Court may, if it thinks it chill became Prime Minister enable 220 taels of raw oplum on

represented and Tainan" from

not guilty of the offence and necessary or expedient in the The surge to power of Hitler and Mussolini · In board the 8.8.

wes .too

severe interests of Justice-then fol- in Germany

In Italy; the gathering war clouds Swntow. The opium was found

the sentence even if he was guilty,

lows. (a), (b); (c); etc.

British appease. Inside stacks of hollowed out

battle against The policeman Rave jose paper.

In the course of his written appeals to the Full Court by a of the '30s the bahind the scenes Judgment, Mr. Justice Williama person convicted on indictment.ment; Munch; the march into. Defendant and he did not róborative evidence.

provision, is made in that Or Paland; the declaration of war Defendant elected to make a¦¦ said in part:- know that the foss paper had

Just statement from the dock. He "At the conclusion of the Binance or the Rulos 'made un- on September opium Inside as he had been naked to bring it to the declared that he had been a hearing I affirmed the convic der It for the judge's notes of ourly months of the war are de Colony for a "friend". He was saulted and asked to pay money tion and dismissed the appeal the case to be supplied to the tailed with characteristic vigour In support of their Matin,

high policy ly active in British intimating that I would later Full Court. The Full Court by the man who was increasing- affirmations sentenced to six months' hard to the Church "boy" have pellati

Bled

for Defendant-1 am in the Chi-give my reasons in writing on decides the appeal on the ra- during those grucial years and wherein the following points

have labour and recommended

the question as to whether the cord of the case. using if neces- who, when he became Prime bunishment by Mr. d'Almada.

nese National Army.

the additional powers Minister, was to symbolize for all case from the ... Another

Mr. d'Almada-I don't care procedure on appeal under the (*) That the alternative,

WILA modation offered them consisted Taban"

Yeung Hing what you are, you must obey. Alternative procedure, section granted it of calling witnesses, the world the British spirit of garages in Austin Road, Kowloon with 40 taels of raw opium Hong Kong Law.

118A of the Magistrates Ordin-even the appellant (both pow-L

rarely Mr. Churchill's unique position, which could only be used as gurages

which were discovered inside

Finding defendant "Gullty"ance, No. 41 of 1932, as amenters being extremely

the fact that he was known to and not for business purpotes, in. zmuch as the Urban Council would the legs of a table. The legs Mr. d'Almada told him thated by the Magistrates Amond-used). Section 118D (2) of have kept a daily diary, and his

bring ved.

had been hollowed out specially his entire story was lies from ment Ordinance, No. 19 of 1985, the Magistrates Ordinance does reputation as a brilliant not permit of their

to finish.

was, should be by way of a rehearing not say what evidence may be have caused bla Memoira in be bef:re publication, th) That in the event of the ap for the purpose of bringing the start peal being successful and in the fur opium into the Colony. Defen- ridiculous for him to have been "de nova." I now proceed to supplemented by the Judge.. If hulled, even

sentenced f their having bees dant was Cyril

to four sked to pay because he had give my reasons for my decl- the legislature had intended as the most important historical freste

"The premises 10

that the rohearing was to be document of the 20th century. o months.

been inalte the church, as the son on this question. 2svinted

"Prior to the amending Or-le novo, Instead of a rehear empled them treats

The last case of eplum being church was, open all the time, vertrie

been granted.

for the public to come and go dinance, 1986, appeals were of ing on the record, I cannot un de Morizont be addan n fædroter composer appellants, expiring on Jan. 31, 1947. would i

terial in any clains found on the "Tsinan" concern- found inside a

He was sen-two kinda (1) under section 100 derstand why it has not follow- un they please. A t Heciint whe wall pɔwɔ Noctis As appellants refused 16 comply. Int di neges arising out of weled four taels

Gatori Frum, the mad Tanjervati

tenced to six months hard la by way of Case Stated on aed the wording of 'section 107 with this

natier, an action for eviction, bure respondents would fire pot covered with mud. twu Tulonnie by Chopin, and Gratist

Defendunt Lam Leung Kubour and

recommended for point of law and (2) under which provides in very clear deren of her own extention was heard before Mr. Justice he entities to claim that at the time

section 105 Gould. {Pulse Judge)

question of language that the rehearing on Elentine austenity 1 Brab. J.

and recommended

On hearing the sentence do not by leave of the magistrate appeal is to be 'de novo.' 1lan." Itih ter le fameur popular Mar. 1. On conclusion of hearing.

was sentenced to four mouths banishment. for banishment, Mr. Justice Could Have judgment in

hard inbour

fondant said he was innocent and by way of rehearing. Both Conditions. Differ and had been charged only be were appeals to the Full Court. "Again, conditions in Hong

Barefooted and dremed· In cause he had refused to pay Whan the appeal was

Kong differ materially from western clothes, a Chinese ap $100.

question of fact the case was those prevailing in England. peared at Contral Magistracy heard and evidence

Høre the population is more yesterday charged with the novo, unlear the Full Court transitory, there is often con murder of a 22-year-old female ordered otherwise and fresh siderable difficulty in tracing servant

Charged with the killing of evidence was also allowable witnesses because they have no (Section 107 of the Magistrates fixed place of address: intimida Cheung Chat, employee of the Ordinance)..

tion of witnesses is easy Manager of the Hip Yu Tal "If a witness, examined be: None of these apply in Eng Export-Import Co., Connaught fore the magistrate, was dead fand to anything like the same Road, West, on Monday even- or unable to be present at the extent. Moreover, there is no ing at No. 66 B, Bonham Rond rehearing, the deposition of provision made in the Alterna (opposite the Northcote, Trainme such witness was admissible. ive Procedure as in the Oring Collage) Cheung Kwek By section 112 the depositions ginal Procedure for the deposi ching, 40, merchant of Swatow. taken before the magistrate tion of a witness before. they remanded for a week in D.S.O.. M.C. Omeer

Now allegations were made in were admissible on appeals un magistrate to be used, should gabl custody by Mr. F. X. The the "Carnal knowledge case in der section 105 as evidence of he have died or be unable to bo d'Almadar Commanding 1st Battalion

In

Mr. Mareta da Silva, is re Royal Inniskilling Fusillers. attendance also was a Guard ofvolving a 17-year-old student and the evidence given before the present at the rehearing. I

13-year-old girl, when Weng

use appellant's contention is cor presenting the defendant. on a successful appeal, such damag Honour consisting of one officer Tak-yant of No. 178, Island Road, magistrate. Their main

fart are nol practically calculabie und 25 men, the pipes, Brumm

new hearing then in the case of an appeal rect, that all appeals under the Aufficient compensaticius,

before Mr. FX d'Almada a under section: 106, would be for Alternative Procedure must ba

of Your funks Appellants have also submitted and buglers of the 1st Battalion appeared for the

Inniskillings.

Central Magistracy yesterday, the purpose of contradicting a by way of rehearing de novo, L. The master's

anchoring la that the protection intended by the

The ccremony commencod

Emphasising that it was a "de witness should his evidenco at fear that, owing to the fan charged with Landlord and Tenant Ordinaner with the "marching on" of the liberate allegation," Mr. Marcus the shearing differ from that tors I have just enumerated. various parts of the southern being largely negatived by action of Guard of Honour to the tune da Silva made charges involving

appellante would often succeed fairway, thereby, causing a "Killaloe" followed by the

European Tealding on the same given before the magistrate.

in their appeals, though they obstruction, were each fined (1) On grounds Pilar to the General Salute to Cenotaph" to

premises.

"De Novo" cleared when )..

had rightly been convicted be- $20 when they pleaded guilty res advanced, namely, of desire to the Minstrel Boy."

The Court was

Magistrate There before Marine..... evidence by the Prosecuting Om Solicitor for the appellant fore the magistrates. cer inspector Calvin was record submitted that an appeal under must inevitably be considerable Calnes at the Marine Court. ed.

Expert 'ovidence was given by the Alternative Procedure, par- lapse of time before the conclu- yesterday. # medical officer from the ticularly under section 118A. aion of the case before the Queen Mary Hospital, The girl should be 'by a rehearing magistrate, and the hearing of

de novo.. then entered the box.

the appeal, and in the interval "Counsel for respondent sub witnesses might easily dis- mitted that. If appeals under appear. section 1TBA were to be by way

Bung of Victanız,

GET TO KNOW.....

DOMINO

* DAVICE IMPORTED AND DOMESTIC TCBACTOS

• VACUUM CHŁANID

- HRMLY ROLLED

• MODERN PRICE

A RICHER SMOOTHER SMOKE

Sole Agents for Hongkong & South Chron MAXIM & COMPANY

TEL. 83289

LIFE

ISSUE OF FEBRUARY 16, 1948

AT

ALL

BOOK-SELLERS

Da

of or eviction, their act of eviction of 11. 1, the Governur and by the was protected by an excrative order judicial order of the Trial Judge.

(e) Even

if appellants might malstatu a claim for damages, this must be the subject matter

eparate action as the subject matter of this action was the dispute uver possession without pay claim

of

Tamages, damages Being only wardable fur the act of eviction ubsequent to Insthimion of proceel.

even

Celebrating "The 17th

Of Ireland"

Commemcrating St. Patrick's

ing.

(d) Alternatively,

if Day and Irishmen who gave their Jamages were awardable, the Full lives in both world wars, an im

ceremony was carried Court, in refusing a stay, failed, in presalve follow, analogously, Privy Council out at 9 o'clock yesterday morn.. Rule wherely in default of a staying at the Cenotaph. the party obtaining and excruting were laid by

Wreaths

Mr. W. La Bart

the judgment should enter into good Sparrow, President of the Society and suflicient security to carry Dis In-Hong Kong, and Lleut, Col, D. the order of an appeal successful M, Shaw against that party.

lamages

(x) If

Izidorda ̈evict:

are awardable

the landlords taking care beforehand of terminating the contractual lationship so as to stol, the

opera-

buglers from

The Lust

B

Mr. d'Aimada told him that if he was not satisfied with his finding he should appeal. At- cused declared that he would

do so.

Inspector Moran `prosecuted.

Court Cleared

develop property by lurger and Post Was sounded by the more extensive bulldings.

the steps of one by the Lon- (2 By use of 6 (1) (ee) of the Cenotaph followed Huildings Ordinance in the obtaining donderry Air," after which the "Revoille." of closure orders against

sounded tenants, buglers

"Marching off" of the Guard of ee Honour was accompanied by the

"Fare-the-well Enniskillen, tune

Inapeator Gaivin objected to tinn of Section 3 of the same Or- Among tho present at the

the defenco allegations without Cenotaph were Jinance.

the Vice Presi- (3) By application

for eviction dents of the Society. Surg, Capt. the persin concerned being repre- Mr. d'Almada deemed it oppor- on the ground that the storey build. T.N. Arey and Mr. DJB. Cresented in Court, Ings existing for many years on their gler, Dr. P. Fehily OBE time to adjourn the case at this respective plots of ground are not Honour Mr. Justlee Williams, "permanent" within the meaning of Mrs, G.S. Watson, Messrs, J.C.M. stage and fixed March 24 for the the Landlord and Traant Ordinance. Grenham, GE, Terry, RE, Far-text hearing.

(+) By use of every possible loop, rel, G.P. Murphy, members of the

hale afforded on the present legble- tion and state of the law.

Precedent

:

It is also pointed out by appellants that the present-motion is thu^^predi 'cedent for various other:· Important) and pending actions, wherein by rea- son of the judgment herein, the par-

Sherriff Mr. D.G. Committed,

and Mr. F. (Hon, Secretary) Shanks (Hon. Treasurer),

: EXPENSIVE "GIRDLE"

When one of the crew of the

Thief Feigned Sleep

Chark Hapsul (25)

on a

A on

taken de

under

Reminders

tent

exal meeting, P.,0. Bug. 11MAGINA

.171.

sual meeting, St. John's-Cathedral ( Hall, 5.30 p.m.

Marsman, Hong Kong, Lid, annual general meeting, H. Bank Bldg., p.m.

YMICA,, 3pmkono medi *Coming Events

Patrick Programme European ***

Today If the appellant is right in:

Jastleute, 4:30 pm. of rehearing then there was no his submission; it does seem Spring Faiblon show, Helena "May necessity for section 118D, (2) strange that though many P H.K. Electric Co., Ltd., annust m

evidence the Alternativo Procedure, all which empowers, a judge, if he peals have been heard thinks additional necessary, to receive it and for have been by way of rehearing Boys & Girls Clubs Association, an- that purpose to have certain on the magistrate's record. powers possessed by the Full True this does not necessarily Court on an appeal under the mean the appellant is wrong in Criminal Procedure Ordinance, his submission.

"For the reasons sat out.. 1889, (ie appeal by a person convicted on indictment). Such above, I came to the conclusion St. tenced to nine months sharti 18b-

+ our when he pleaded guilty her powers were only necessary that appeals under the Alter- fors Mr. W... Latimer yesterday when it was an appeal based on native Procedure are not by way to the charges of attempted in the record of the magistrate of rehearing de novo. I think, Union Waterbost Co., Ltd. annual and

general meeting at Dodwell's ceny and possession of anmu He also submitted that condi-however, that the matter should

ofices, B.K. Bank Bldg., 11 mg, ment fit for an unlawtill purpose. Tong here: wore unlike those be put beyond, all argument by

-gf Art and sibly to the Privy Council in order His behaviour aroused the Defendant, Faldy Hi Datu, Sub-prevailing in England. Here way of amendment of section Concert by French Society.

talk succeed in their reshtance to auspicions of Revenue Officer Inspector WG, Morrison, was

Club luncheon, Rosary eviction. It is contended that the rea

stopped and seen by Detective: 417 40.m. Witnesses were not 160 easily 112 or otherwise, and not left Literature, H.K. Hotel, :7 p.ma

Modern Appileation of Bro. on shdurch: 18 Tying on the dave traceable particularly after to inference that the depoel: Kowloon fusal to stay will be the precedent Saunders, who

Radar by Mr. Gowie, Penin-bormula I. for similar refuzals to stay ja

and can subjected him to a searchment against the howcase unt 17 the lapse of some months which tioma of the magistrate sequential mugatory · appeals, if suc

Around the man's waist was watsung Street, felgning Sale must take place before the de- like the judge's motes in apaula Hotel, 12.30 pm ceufal,

found a canvas girdle contain-He was awakened by the decision of the magistrate and peals from conviction on indictRAM.C Corp, Association, meeting Mr. H. G. Sheldon, K. C. and Ing 18 bars of gold. The gold tective and when searched the date of the hearing on the ment, admissible on appeals un-

der the Alternative Procedure." “Hasplís), '6 pm.. Mr. Charles Losby, Instructed by was seized and the man charg sacking needio was found in this Mr. Marcus A. da Silva will be speed; with attempting to export 'right" hand whilst pearing on the Notice of Motion to gold, a prohibited export.

ties galost whom eviction is belag 9.8. "Shengking" stepped sought must be prepared to proceed aboard yesterday he wore a

10

to appeal to the Full Court and pós- girdle worth $22,000.

to

be heard on Mary 21.

Wreck

Clearance

Operations were started vester

day Adloyal de

Proukhara Stairway of

1,200-ton" wrackajlij

• The WrWok; (Con)

able, is to pieces, hire

MADHERICALE"

CATHEDRAL RESTORATION:

Protemor de valangan? Borusechi: $20 MICE,3, 1 Miss EMR/Bucklædd Evaris

Wilby,

Box" $45.55..

vinte Buildiniz.

foural inside his Boffain of the

·lades found to have wood out out,

ranite was kppeal.

TOMORROW

Mi sed

#j

1. branch, at Bowen Road

Section 418A in givin com-right of appeal from a convic was tionslays it down that n Aggrieved person may appeal

zmamári Nerelnätter provid

da_XXBD, bf which ence roads

“The Hong Kong Heltphone was: Finging continuously? garding and commercial messages came in all thou time PODSTAWIA 18A or Cochrane told she zCourt-when-pe-testified against 14 Shu-*-- Via] Vin, gatimi La Ghettokią skurfod vysterday, with maintaining 11- ifth denti: Canity /karadio-camatanieation station at 4o. 348, Der Vortoryko

Boad, Wor

Rush Hour" Raid On Illegal WIT Station

While they were on the TWS:

sen, the telephone tang cor

s

i

THE

HK$1.60

Should you

uring

323.12