Page
4
T
·
THE CHINA MAIL, TUESDAY, MAY 11, 1948
MAGISTRATE RULES THAT POLICE DEFENDANTS HAVE A CASE TO ANSWER
Tho_defendants had a cose to answer, Mr. F. X. d'Almada ruled after hoaring the defence sub- missions and the prosecution's case against Sub-Inspector N: A. Clarke; Dot.-P.C. Laŭ Hoi- nam and P.C. Chan Po-wah, at Central Magit- tracy yesterday, for the unlawful detention and assault against Kwan. Shing, a rice shop !foki.
to say, and S1 Theopsen sald be lansight it was "it and proper" to
detaiudhe mun.
$5,000 BASE FOR
ESTATE DUTY PROPOSED DELICIOUS!
The exemption of all ́estates below $5,000 from estato duty is proposed in an amendment to the Estate Duty Ordinanco, to be introduced in. Legislativo Council to-morrow.
Insp. Simpson said that it was, no medical evidence to indicate In the objects and reasons it estate-duty. The object of the customary
that every inspector any marks to support the alleged is explained that by virtue of Bill in so to amend the principal sirutr Complainant's evidence section 4 of the Estate Duty Ordinance so as to exempt from
should read the orders and sign 1 could not be belleved he contend-Ordinance, 1032, (as amended), payment of ́estaté duty. property nicknowledge noting them fad, Kwan had a purpose, because estale duly" on the property Įpassing on death having a value he had a grudge against some passing on the death of per-death occurred on or after the police personnel who had pre-
of under $3,000 in cases where
vlously scattered and broken up sons, dying on or after ist April 1st of April, 1948.
1941, is payable on estates of loth
one
that
mentioned in
The new schedulo is on follows:
Where the principal value of the notate
Clarke did not sign and i was apparent that he did not notice the instructions. The prosecution he thus falled to prove that the orders ever came to the notice of his stall. There was not
at the his $500 and upwards Clarke..
of evidence to show Counsel submilled that the chest had falsely imprisoned the graduated rates The Magistrate held that
was "highly suspicious." ecmplainant's action that night complainant, counsel submitted, the Fourth Schedule to the Or- Clarke had a case to answer
client dinance. When and emphasized that his
Although estates of under in that if was his duty to ex-
challenged, Kwan turned
has no cave to uwer. and Within 30 minutes plain to the Court his actions
after the walked away, whereupon he was
Contending that his man had $5,000 at present constitute over exceed $5,000 and does on that particular night, and mangas brought, witdess con-
Finued, Del-Sub-Inspector
arrested and brouglit. to Clarke.peted on structions from Clarke, 40% of the estates paying duty. C. Kwan that the case against the two Juhnston rang up
only said that he took Mr. Alfred Hon. third defendant's the revenue obtained therefrom and inquired Chinese constables depended whether a mi lad been trought stables on instructions of a man self dat not constitute faise m
down the numbers of the con-ounsel, submitted that that in it is very small and is dispropor- tlonnte to the work involved in entirely upon the first defen-in by St Clarke. DSI Johnston did
Unless client collecting it. Modern policy in
hig prisonment. with glasses." dant.
nnt give any reason for the in-
knew that what he tid
the United Kingdom and else~/ Briba Attempts At the resumption of yester-
story.
Is to exempt Amaller day's hearing. Mr. F.W. Sheffalk, From the Stallóh Dairy, witness It has been a habit of Chinese and that what his superior where
instructed to officer
do WAS estates front the payment ONE. Senior Pollee Superin- noted that on Fel, 7 at 10.10 am, stall holders here to attempt to| 100
wer and he obeyed, then the tendent and OM-er-in-Charge of
the police personnel third defendant would be guilty. the Anti-Corruption Branch, put leased and handed over to In various ways especially at the
was no evidence that is Ther New of the Chinese
he questioned Kway in Canton in reveral police officials to give specter Darkin,
approach
defendant sald. He had toviral
evidence.
Crear-earned by Mr. Com-Year festivals, Mr. Comber poisilent knew the instructions given
were unfawful, counsel pointed, Ife submitted therefore
his First Certificate it Sub-Inspector E.S. Thompsomber, 51 Thanipsou said he did noted out.
ace passed out. He observed that the evidence "tok the Court that he was the teur MAY auricks
screans it was highly suspicious to see n
of the rice shop, Cantoniore, but he could not speak of the mistress isapreter on duty on Feb. 6 and frone anywhere. From his
man writing down the numbers ativas very much in favour of his out the phrase "Tim kai nel chan taki numba" when read out by At 11.30 pm. Sub-inst Clarke perience in the Central Charge the constables.
client.
She had informed the brought in six begtors and Kwon Roncs, SI Thompson said, he Counsel then referred to some that the third defendant, the Court Interpreter, at the sug Shing, who he wanted to be de-
could hear cries from the Finger sections of the Police Foren Or- tained pending further inquiries.
Print Room should any emanate
dinee
on the privilege of the not at any time-lay his hands
on Kwan. Kwan, 51 Churke told him, wis
from there. He saw Kwan being police to arrest any person on
Sub-Inspector Clarke, in the serrested in Cleverly Street for taken into that room, and would suspicion and to deliver hun to witness box for his defence, tout Beting in a suspica te NATELLOY
estimate that he hail been insile the Station.
he the Court that
was in the whten in was Bero: taken down for about 10 minutes, but he Counsel submitted that the
for 14 years and the mumt era of the police.
culd not definitely.
present arrest came within Sec. Royal Navy Sub-Inspector Lau Chak-chang
A
"Fit And Proper"
he was seen staking around while the police were taking down. the repse minbers of the stall holders who has ofended against the law, witness was informed.
When asked Kwan had nothing
Is your bedroom
hot as
blazes?
Carriers
The now
Room Air Conditioners
let you sleep in cool comfort through the
hottest summer nights
The
owners
mon bom Celf had been re-bribe
12.371
12
the European preter.
יוס
to the
-x+
13
arrest F
Tish, it means "Why did you copy Eestion of Mr. Comber. (In Eng. the foki's number?)
+
In
Questioned Again
doll would release him soon. said that Kwan acted under tegunding this particular oven- never an the floor at any time.
asked for an
Sub-Inspector C. Johnston of the Anti-Corruption Department nid that at it pr. on Feb, & he receiveri
a telephone call and as en he contacted
iL
Room
Central
pixin
A
45
It was
Estate Deir.
ahati be payable at
the rale per cent, et
Page
NUTRITIOUS
2,000,000
in
1,000,000 1,260,000 20 1,500,000 21 1,750,000 2,000,000 23 2 500.000 22
22
3.000.000 23
3.500.000 28
4,000,000 dad 4500.000 20 4,500,000 2
7,000,000 34 10,000,000 .37
Dairy Farm
ICE CREAM
DAIRY FARM ICE AND COLD STORAGE CO.
Another DAIRY FARM Health Product!
10,000 25,000
not exceed $10,005 35.000
2
30,000
50,000
100,000
100,000
200,000
200,000
400,000
300,000
300,000
350,000
350,000
400,000
400,000
450,000 10
450,000
600,000 11
500,000
550,000
12
550,000
600,000
13
000,000
650,000
450,000
14
700,000
750,000
14
เธ
750,000
800,000
800,000 17 900.000 18
$100,000
1,000,000
1,250,000
500,000
1,750,000
2500.000
3,000,000
3,500,000
4,000,000
4,500,000
5,000,000
5,000,000
7,000,000
10,000,000
15,000,000 20,000,000 25,000,000
,, 30,000,000
15,050,000 40 43 20,000,000 25,000,000 40 30,000,000
52
Kwan was talten to the 1.0.0. Truman
who had hin locked up,
Later Clarke said he was told
been
To see whether the man knew
Kwan was his
He
Denies Red Overtures
me
the Finger Print Room, jubed the Poller Force on June Clarke continued, he questioned 26, 1946. On Feb. 6 he was on
Kwan again, but 'could not gal said he was assistant Inspector for any police officer to stop and duty between pum, and 12, the required answers. on duty that nigh! aud at about scurch, and if necessary
Asked whether rest and did not know of any written
he assaulted Churke approached him any person in the street and de-instructions. The duties on that
told the Court the man, Clarka and told him that he wanted totain tam for further inquiries on particular night were irregular,
"merely shook him by that he see a town in Cell 6. Ile went with suspicion, Another factor which
There were pix eorstables with
Defendant denied emphatically acting as inter-heightened the spicing was him in the car, and the normal the shoulder," witness There
the patrol cur S1 Clarke told the man that he which permitted
related,eard issued by the Chinese Police instructions for
the bearer to were to give particular attention the alleged "torture" and "third
degree." (Clarke) had made a mistake carry arms,
to serious crime, especially at
Io asserted that the man was apologised
រ "Cornsel noted that Lee lap of that time of the year. told the man that TISI the Anti-Corruption Branch had
--From-tha--Finger Print Asøm. ing, defendant said he passed The
Street extra instructions, Lee was there when through Cleverly blankel, which Clarke gave him, Kwan was arrested and under the deus es vocuk Road Central, and nudded assent when asked | circunstances опе
one would have As he passed, he noticed a num-
by Sub-Insp. Thompson that Del. by Clarke whether he (Kwan) thought that the proper course for her of food stalls, and stopped Sub-Inspector C. Johnston of the was satisfied. Witness-uld tre din him would have been to approach the car because of the obstruc Anti-Corruption Branch had rang
He got out and sat on up t not know why Clarke apologised the first defendant and identify an
whether a man had by the Chinese,
Hinsett ราย therefore explain stool taking down particulars of the circumstances.
stall with the intention of that
Washington, May 8. Kwan had told the Court n
issulor suminenses, The other DSI Johnston and also to note his President Truman has denied "met extraordinary tall story of constables were
told to collect reaction, Clarke said that he rumours of Russian overtures to third degree and physical tortures the licenses of the other stalls. visited Kwan in his cell, after re-end the "cold war or that Pre- of the most extreme kind " W12700 The stall-holders, Clarke stated,
mier Josef Stalin wanted to meet the Finger Print Ronin, Coun-used to run helter atelier at the eiving that message.
As DSI Johnston lived in the At 15 a.m. Clarke visited him sol declared. Yet tie did not com- approach of a European officer, same block, he visited
him in some neutral European hin at spot, Senator
Millard Tydings in his quarters and told him th
to the 1.0.D. when brought | but on This ocension the stalls 1.15 am. and told DSI Johnston revealed today. he (Clarke) was informed by the before the inspector
switched off the light.
the fury and explained the rea- Senator Tydings said in a ra- The sterical report produced by about 10,30 pan. but the lighting son for arresting the man. mspector on duty at the Charge Room that he had queried about the prosecution stated that Kwan was "fair.""
usked DSI Johnston whether dig speech that he asked the chief Kwan Shing. Clarke then
He heard exhad a recent bruising in the front
no shout and only
man and asked executive about the reports and
President answered spinised the reason for arresting chest and that there was a tur saw Kwan when he was brought
categorically with no."; the man, and produced a visiting ther patch below
right before him and told that he had what he (DSI Johnston) intende
Most of the rumours have been eard which had No. 818 written shoulder. Kwan
could
have been seen oneniting around taking jed doing about the matter.
VDSI Johnston was more inter
circulated In European capitals. out un it and a note book with the point
the spots
where down the numbers
of the con-ested in his bed, and suld some. They have become more Dame Lee Lap.
he had suffered from the de- stables.
thing which sounded like 'O.K***
sistent, even though the President toid it was not known fendnut Special Precaution
"Fidgotty"
defendant related.
has stated again and again that that was done. Mr. When questioned Kwan said he "Never Trained" he is always ready to meet Stalin Inspector F. W. Simpson, Dlvl whether
stated that Kwan's tale was acting under orders from a Concluding his evidence, Clarke but that such a meeting must sional Inspector of Central Divi-Comber
of fortunes was a tissue of Hes Chinese "with glasses." No men- disclosed that he had never been take place in Washington.-Unit- rion, said he look specia! pre-
Hon
of the name "Lee Lap" or trained as
Heed Press. police officer." 4 caution during the Chinese New from beginning to end.
inspector Thompson, the 1.0.D.
"Oriental Building" was heard, Year festivals and assigned motor
would arrest any man if he be- appeared Kwan patrols to cover certhus reus, at that time, di not hear any
U.S. EXPORT RISE from the Finger Print Clarke sald.
fdgetly when revealing his bust-haved like Kwan under the same
defendant stated. circumstances, with instructions not to trespass
and Coursel furiloom,
gubmitted untess
CSS
Cross-examined by the prosecu-
Washington, May 19. identity and occupation, regions Dolher
United States exports ended a serious crime or under special whether it was reasonable to sup- Clarke said he interrogated him orders.
Cleverly Street was
not in the pleun. bis Pagels crushed by a stable.
Defendant stated that he first dules of the inspectors. But he March. exports were worth USS
He agreed that.1,141,000,000, pencil twisted between them and
US$54,500,000 more allotted
disclosed
would cigarette
"Lee Lap" did not see it. of the name The witness
board was searcherl *pecial assignment
in prin.
after
complainant had been lock-it was the duty of every inspector than February.
Imports jumped US$84,200,00 issued by him, witness told de-not cry out in
The interpreter called in
That was when he was to look into that book, but dur- to ed up. Inspector
to US$660,200,000, the highest for tence counsel, and every
dulles were upset and moreover any month in history. US$952,- after
have to give evidence did not complain talking with the detectives, anding that particular week nothing it would sign their names below. Clarke's
to the
that learned that Lee was Mr. Shat he had spent the whole day in 100,000 of exports were in the inspector on duty
Kowloon, WW ogsaulted as alleged. tain's No. 1 Informer.
commercial class requiring pay- signature was not found on the
Clarke admitted that he was ment 'in cash, although some of order, and I was possible that he
that the Interpreter well knowing ing before that large amount of neglecting his duty in failing to the cash was borrowed from the did not see it, witness said.
Normally the Badio patrol car Covered Central District. The
per- onnel were not supposed to deal With hawkers
or food boldera nor to pick up behind witness said under cross-examina- tion No order was issued regard- awkers or beggars that Witness, however, agreed would be the duty of the
inst
night,
that
police to
noise
per
book concerning Bose 7. man whe che been tram-through an English-speaking con- tion, Clarke said he knew of a
the particular four months down trend in March.
It was signicant, counsel thought, Clarke sold he had had warn-
his city would report immediate squeeze
siali-arrest
to uurest suspicious churac Liers, init
but that
would be "purely disciolina Inspecter
rade by his client vs your.
N. Darkin said on
sidered that detention and proper."
tain,
instructions from Mr. F.W. Shaf-
OBE, Senior Supt. of Police
was "AL
had been going.
on
to
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ly had any assault taken place. among the Chinese stall hojders see the book and also that there United States. Associated Press
was more reason to look into it Counsel submitted that the and hawkers at that time of the when all duties wore so irregular, He was on duly on Feb. 5, but lawful under Section 20 of the When Kwan was brought he did not go to Cloverly Street. Police Ferce On.. 1932, that the him under the circumstances he He had passed his First Certi- He did not detention for further investigu- had only the following explana-ficate in Cantonese.
on was proper under the same llons:-
{ } very
That- the man could be an agree with Mr. Shuftain that the section, that complainant's manner when taken to the station informer of the Anti-Corruption phrase, Tim kai nei chap toki consolidaled that belief, and that Branch (but that did not occur numba was elementary Canton-
to me at that time.")
"He denied the prosecution's Al-] the Inspector on duty had con-
man could be legation that the (b) That the
"only, reason taking down the numbers to you took out summonses againsi "No Evidence"
round later collecting from vari the stall holders was because you Counsel requested the Magis-os htwkers saying that he was knew you were in trouble in con- collecting on behalf of the con-
with ¡nection
that particular of CARRIER
and Omeer-in-charge of the Anti-trate to say on behalf of the de- stables whiese numbers he hud.
inight." Room Air Conditioners through-Cerruption Branch he went to fondant that the prosecution had
or (c) that the man might
Clarke declared that he thought the world can rely on relenge Kwan and took him to failed to make out a case
have been employed by some un the procedure of releasing his "CARRIER" Dependability. the A.C. Office. He had never him to answer.
to collect
prisoner without informing him zeen the man before, witness con- Mr. J M. d'Almada Remedios, scrupulous constables
money. representing second defendant, So he decided to go deeper into was improper and read out from the minute which he had sent to Consult our American En-Mr. A.S.C. Comber, represent associated himself with Mr. Com-the-matter-and-had the man at his Divisional-Inspector the ex- gineer now and book the unli ing Clarke, submitted that his ber's submissions, declaring that reated, Clarke stated.
planation of his arrest of the man. was "not
of tittle you require.
client had no case to answer and there
He looks Kwan to the Central and the protest he made against PALARA
that the prosecution had failed to evidence" that his client had in
Charge Room 10 Sub-Insp the release of his prisoner. make out a case on the charge of any way falsely imprisoned Kwan Thompson, who was the I.O.D. Re-examined, by Mr. Comber, false imprisonment
SI Thompson agreed that it Clarke said he sent in the minule then. Recounting the case briefly.
From the evidence adduced by was "fit and proper" to detain the because he thought he was justi. Mr. Cumber observed that Insp. the prosecution, his client was Simpson had informed the Court under the command of the art man after hearing the story. When Bed in protesting against the re- he took the complainant to the lease of his prisoner without be- and when his in- that it was the first instance that defendant and-as auch performed Finger Print Room, Clarke relating Informed written instructions were issued his duties.
ed, he called out to the interpro-quiries had not been completed, with regard to the radio patrol Mr. Rernedlos reviewed the caseter to follow.
Hearing was then adjourned to. car al that time of the yeur. Ibriefly observing that there was It was completely untrue that today at 10. m.in.
out
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