1948-07-27 — Page 2

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{COWIE CASE

THE CHINA MAIL, TUESDAY, JULY 27, 1948.

PLAINTIFF CONTENDS BOARD'S DECISION WAS NOT FINAL JUDGMENT

A submission that Inspector W. H. Cowie could still take legal action, because the decision of the Board of Inquiry was not final judg- ment, was put forward at the Supreme Court yesterday, when hearing of the Cowie care was resumed.

would serve to bring the bublic service into disrepute.

Mr. Justice Gould said that he did not agree with Mr. Bernacchi | on this point: the fact of a police constable slipping on a banana cain might bring about temporary had ridicule.

of res

Inspector Cowie, who was menta on agreted facts. It dismissed from the Hong Kong been suggested thai plaintin

Mr, Bernacchi then referred to Police Force

bave proceeded In August last should

by the case of a polleoman being im- writ of certiorari and not on the properly dressed and asked whe for alloged misconduct Police Officer following a delines of natural justice.

:' ther the conduct of such a police- If the Court held for the de-man would justify his di partmental enquiry, Is claim-fendant on the question

mirsal. ing damages

Ater referring to numerous au- from the Hong Judicals then the question of no-thorities; Mr. Bernacchi submitted Kong Government for breach tural justice would not arise. that there was no estoppel. of contracts for wrongful dis-

Board of Inquiry was missal.

directed to one point, namely, the charge before it. It directed towards the point whe- |ther misconduct

would justify dialasil

Question Of Capacity

uut of the claim.

Was

was

Auch

not

дя

Mr. Bernacchi sold, that, the The Court would be asked to decide The action is being heard be on three points:

(1) That there was a complete Jere Mr. Justice Gould (Acting) Chief Justice), who has been ask-jestoppel in terms as pleaded:

# (2) That there was ed, as a preliminary stop, to na-f

partial You are Jadued by the War Yeu pedicate ots a point of inw arising steppel and that the proceedings

and Write,

before the Board of Inquiry may Cowie was arrested in June last be admitted as prima facie evil- on an allegation that he had ac-ence for the plaintiff to rebut, and cepted a bribe of $50 from Chan

On the question of capacity, Mr. (3) That there was no estoppel Bernacchi said that the hearing Yutong while on duty as a Police at all. Traffic Officer. Logni proceedings | Mr. Bernacchi anid that if the before the Board of In- were insituled but these wore Court deelded in favour of the quiry was between the Commis- withdrawa and replaced by a de- plaintiff, then the question of na-aloner of Police and plaintiff, In partmental enquiry, on the flod-tural Justice did not arise. If, the present case, it was between lags of which the Governor or however, the Court held for the the Attorney General and plain- #dered his dimissal,

Crown on the first point, then the The case for the Crown rests holding should be subject to de- ut res judicats (the case had al-cision on the second point.

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Crown's Prerogative

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Surprise Point

to

AIRMEN'S TRIAL FOR ROBBERY 4 GRANTED WITH VIOLENCE BEGINS

$40,000 At the Criminal Sessions yesterday, the trial of

BAIL

. After having bean held In custody for three days on the charge of con. opiring on various dates be tween July 18 and 21 to atest HK$1,109,440 from the Hain Hua Enterprise Co. of Chinu Building, four Chinese were granted bail by Mr. J. Wicks at Kowloon vestaruay.

with

Delactive • inspector Moore of the Gpnolai Branch Informed the Court that the case would be dealt.

and that summarily, Crown was prepared to agree ta ball being granted, to all the defendants.

the

In the case of Poon Ping. vara allas. Peon Bin-yu, 51-' year-old marchant, or 48 Vil- lage Road, ground floor, the prosecution asked· for $20,000 cash. The and accused, Wong Chiu, 10-year-old In- terpreter living at 154 AVoo. sung Street, ground floor, was offered ball le, the aum of $10,000, alther all cash or half In eesh and half in muraty.

For Cheung

Yung

(34 -years), unemployed of

•PONTI Kord, first floor,

and Yim-sah. 46-year-ol druggist of 10 Mong Kok Road, first floor, the Grown was prepared to accept the of $5,000 each. sum

THE amount could be either all in cash от 42,600 cash and $2,500 suraty.

Heering was fixed fqi August 31 and. Beptember 1. $9000.

Aircraftmen Daugal Jamieson, aged 19, and Stanley, Hulme, aged 20, on a charge of rob- bory with violonso, commenced. before. Mr. Justice Reynolds (Acting Pulsne Judge) and ta jury of six men and qne woman,

Both accused, who werp sta-lufer made a report to the How tioned at Kal Tak Airfield, are loon City Police Station, alleged to have robbed with

Ms. Hooton said that it wan violence Ng Kwan, a taxi alleged by the prosecution that Jomieson got into the taxi and driver, of $20 on June 4,

· accused' loft

had

spent.it.or

Cane For

Juvenile Escapee

Mr. A. Hooton (Crown Coun-dove it forward soins way, when Bound over twice for raziv- cel), assisted by Det. Inspector to the airfield. Later he was reened in the Stanley Reforma

It overturned. He then rotumed ing and ordered to be detain- H.T. Matches, conducted the case drinking tea in fils Canteen. He tory for three years for lar- for the prosecution.

Both accused

was then wearing khaki slacks ceny, a teen-ager

made his were represented A.J.

and a light coloured shirt. When escape from the Reformatory My Mr.

Clifford, instructed, by Mr. A.B.C: Comber of Messrs. was taken to the Adjutant's in January, 1847, and was not Hastings Company.

office, it was fair to say that no Mr. Hooton said that story con- that if it was he who took the scale of his aga to be produced,

money was found upon him, so ro-captured until July 21. cerned events which took place $20. he had either

After two ruinands for certi on June 4, when the airfield about 3.50 p.m. About

hidden It away.

ho was yesterday ordered by Mr. 9.30 p.m. à taxi driver who

3 Wicks in the Juvenile. Court, been to the Star Ferry in Kow-

Bloodstains

Kowloon, to recolve 10 strokes of loon was

the cane, two months' simple im- returning

Jamieson was next up Nathan

taken to prisonment in the Juvenile Pri- Road when he was

stopped by hospital, where he was medically son, and recommended to be two Europeans, who were wearing examined. There was no sign of Ught coloured shirts and khaki injury upon him, but his breath

banished. slacks. The Europeans entered the emelt of Alcohol. Ilis behaviour 21. Detective-Sergeant Li Chau- Early on the morning of July Lasel and one of them said "Kal and co-ordination and everything sing and Det.-Constable Tal Kwan Tak," which the driver under-else was quite normal. stood to mean that the two men next taken to the police station, when they saw that one of the He was were passing 132 Taichikok Rond wanted him to drive them to the where he changed this clothes ar ground floor shutters had been airfield

was wearing. The clothes were taken away, and two young men examined by a pathologist, whe

of

men,

shirt

'Struck Violently'

found human bloodstains on the standing by the side of the win-

dow. The taxi proceeded towards trousers on the right knee, which both Ma Po (20 years old) and

and on a portion of the

When they questioned the men, Mr. Bernacchi submitted that

Kai Tik when, nearing the the prosecution alleged must have Chon Kam (aged 18 years) nd- where there was a change in the

Searchlight Tower, one of the come from the taxi driver who mitted that they were there to Deolde at once that you will rid yourself ready been adjudicated upon fol-

actual capacity of оло of the

paciengers sald "Step." The driver was injured in the assault. the handicap that poor Emalian | Jowing the holding of a duly con-

parties and where there was a

pulled up and suddenly felt an Impores. The study requires botituted Board of Enquiry set up

compult a burglary. They added Rightly or wrongly, the plain change in the personnel, aven

Jamieson was later charged and that one of their accomplices was prm around his neck. He then tellin time, and the moderate fee puta the under the Palico Fotes Ragulation f never contemplated a plen to though the second person be the

himself struck lolently over the have admitted striking the driver atatement, was alleged to unique Course within the reach of Ordinance, and this decision was Jurisdiction. Mr. Bernacchi sald ogent of the first and viça ver.n,

actually inside the flat. beck of his head to

such an but denied having robbed him. Del-Sgt. Li hiding under a blan

The third mon

was found by Anal unless it was upset by the the point had taken him complete- that was sufficient to prevent an

tent that he fell forward over the At an fäentification parade later ket by the side of a wardrobe. He Mastery (the prospectus of the Effective Court for adjudication).

case being brought to A higher ly by surprise and as he was by estoppel.

He said that one of his strong.

steering wheel means rendy

in the day, he was picked out by had already stolen three bosketa Ono argue the

the poon, he would be embarrassed at reasons why there

was no

whom the Ng as the man who struck him, containing 39 pieces of clothing, Gambling driver would say was Jamieson, if called upon to do so.

estoppel was that the decision of

then dragged him cut of the car room some 20 minutes later than ket, from the wardrobe when the

Hulme returned to the guard an electric table fan, and a blan Replying, Mr. Lonsdale and the Board of Inquiry was not a The Crown cara also rested on that he was under the impression anal judgment and/or there was

by his left wrist. Ne next had his Jamiesen. Earlier, an RAF Folie detectives came on the scene. Party In arm twisted behind his back and had looked into his billet but dismiss, any that the point had been fully no jurisdiction in the Board to civil servant for breach of con- covered in the pleadings. Be had, reach a final judgment, The Or-

Was struck three or four blows on found he was not there, but 10 commended to be banished when

Ma and Chan were both re tract or misconduct at His Ma- however, no objection to the pani dinance did not give power to the

Cafe de Chine

liis cheek and forehead. At the minutes later found him in bed Jesty's pleasure, but would not be being argued at a later stage.

same time, a sum of Commissioner of Pollca to set up

$20, was

they had served their respective resting on this ground.

inken from his right hand shirt sleep. By the side of the bed a sentences of 18 merfils and 12 Resuming, Mr. Bernucchi salda tribunal with power to reach a Cowie is represented by Mr. B. that there was

pair of khaki slacks and white months hard labour, on July 22. Actually, ne agt principal in à gambling" party/Pocket. The driver could not shirt were found. The Blacks ap-The juvenile was remanded for NO res judicata final judgment Bernacchi, Instructed by Mr.teenuse the i:sue before the Court up a Board of Inquiry to report at the Cafe de Chine, China took the money, the to have bloodstains on his age, which he gave as '17, to

Chan, Tin defendant is the was whether there was such mis to him is findings. The Hoerd Building on Sunday, Ko Wo,

Ventally Attorney General, nominated re-conduct as would jutisfy dismissal of Inquiry roached a verdier but aged presentative of the Crown and is of plaintiff. The issue before the nothing equivalent to what was was fined $150 by Mr. F. X. driver was freed. While Jamicon

81 pleaded guilty and appeared from behind and th

the ring solicitor Gear Lonsdale, Beard of. Inguhy was whether estoppel jument to set up d'Almada at Central yesterday, atake non-made of car, the Acting General.

plaintiff was of

Hearing was them adjourned;

Prosecuting, Inspector Cochrane sliter man-mado. off wards the FEET CORNS and, ingrown toe. / Plaintiff -had no objection to the vice into disrepută. Tlio oftencatunili 10 2.m. today,

sald that a raid was carried out airfield. No gut late the bus and nt the restaurant on Sunday and defend the night of Who ad- mitted boing the principal, and 12 gamblers were arrested.

Tablo money of $212.60 and gambling equipment

GENTLEMEN

Keep your hair IMMACULATE leading hair dressers And let

of

our chiropodis take care those PAINFUL, CALOURED

nails.

BETEN'S BEAUTY SALONS Exchange Bldgs.

Tel: 33161

A.

Y, H.

Mr. Bernacchi spid that

simendment, which the defendant proposed to make in the plead Inge.

all

the calculaled to bring the public ser- could, in fact, be very serious or could, in fact, be hardly anything He said that it would be difcutt

Mr. Bernacchi said to argue in connection with 28 mere fact of a

Like the police Constable of the pleadings when the Court slipping on a banana skin could was only prepared to hear argu- be described as conduct which

YOUNG FARMER ON INDECENT "ASSAULT CHARGE

agu.

13.

*

Charged with

being the

solzed [specially constructed tabling 'aj

were

פת

(say, which of the two,

Just then, the

Manager's "Terrific Hurry"

shirt,

Another shirt, a white slik be

medically certifed. The was found in his locker in examining doctor cortiled him to very wet condition.

be under 16 years. Hulme was taken to hospital upon eing medically examined, certain were found on the left finger, left certain small scratches wrist

and right, forearm. breath smelt rather more, strong- of alcohol than foricson, but his speech was clear. His clothes were examined

and

blood

WON found on the left hand trouser pocket and its inner lining. On the shirt there was a small stain which

might have come from kis

Star Ferry Bye-Laws Breach

cut finger. There were no stains and Lee Ann, spinster, were Lee Slu, married woman, en the silk shirt found in the about to enter the Kowloon locker.

The prosecution confonded that Star Ferry wharf by the the shirt was the one which he scason ticket holders' entrance was wearing that afternoon and on Sunday morning when they that it had since bean washed. were stopped by Ferry Inspec

Not Direct Evidence tor Mascarenhas,

All the gamblers had their bails A fem-aged farmer of Lammia of $25 estreated when they failed Island was brought before Mr. J. to answer their charges. . Wicks in the Juvenile Court, Mr.

Mr. d'Almeda

held that Kowloon, yesterday charged with although the manager knew they having indecently assaulted a 18- were gambling there was year-old girl on the morning of evidence to prove that his kniv Thomas C. Chien of Pedder

that money was taken for the Bullding, Afth floor, summon The boy, who gave his Be as kitty and ordered the table to beled for speeding, was told by 18, was remanded to today for a returned to the restaurant. Dedical certificate regarding his.

[Mr, J. Wicks at Kowloon yes

In a statement to the Police, ho Asked to produce their season terday that "In America, they denied all knowledge of the $70. Uckets, the

married woman have a saying that the minute He was not identified at showed one issued you save in this world may held.

Identincation patade which was cause another person to be in

name of the other world years before Jamieson was actually present at called before-

Mr. Hooton Mr. J. Wicks at Kowloon yer he should."

submitted that

When the Gle-man.

names were first Mr. Wicka.at.. terday fixed August 3 for hoaring

the alleged robbery. The only Kowloon yesterday they failed to Chien, pleading guilty to the question was whether he actually answer the charge of breach of the case in which Lan Kwonmmons, said that he was in a took the money or helped in tax the alias Sap Yat-yan, Won Lang, hurry to get to the

Star Ferry Kowlooning it.1.0.9 lits taxi driver.

bye-laws, and and Lam Wal-chau, will ustempler Star Ferry whart as he heard There was no direct evidence jed to be estreated.

(their bail of $30 each was order- munding with menaces $1,000

330p.m.

He was not re- from Wong Chol.

IF IT'S NEWS, WELL PRINT IT

Payment for all stoma ·xpeč. ». Phena' through aur NEWS story. May or night; tatu?' - i

32312 OR 24354

YOU TOO CAN DE A REPORTER.

EXTORTION ALLEGED

!

дл

Choy

to a E. C. and the spinster one in the

ed, are being charged with de- that the last ferry was at 11:30 against Hu Ng, but on the other and informed Inspector J. Orem

cognized

Later, they entered the "Court The Crown alleges that the ac- He had his manager in the pri- hand there were two men in the that they were waiting outside in cased uttered a letter demanding vate car (No. 9451), and was in laxi and the fact of his arrival the corridor, and did not hear. that sum from Wong, 48-year-old-terrine hurry" as the manager back at the Camp at a certain their names called. motor vehicles, foreman of the wanted to get across to Hong hour was 'consistent with ... ...his On their caso being re-opened, Kowloon Canton Rallways, a thoong by the last ferry. The time having been prosont in the taxi defendants pleaded that they were Servants Quarters on July 1.

was then 10.30 p.m., "he said. that evening. If he was, in fact newcomers to the Colony, and did

Traffic Sub-Inspector Donald there and was there during the not know the regulations. Brown Informed the Court that whole of the annuit and did not Mr. Wicks: They could not be defendant was seen doing 30 intervene to save the taxi driver, such m.ph. all the way along Nathan then it was the submission of the that season

new-comers If they knew tickets are issued. Road, and was overtaken at Aus- Crown that it would be necessary Even if they are new arrivals, Lin Road,

After advising defendant that in the crime

to say that he olded and abetted they must know that it is wrong "It is better to miss your ferry

to use another person's ticket. than to be involved in a tragic Crown case had been glyen by a usual excuse.....

After evidence in support of the Inspector Gram: That is tho accident."

tha

magistrate imposed number of winesses, hearing was Ane of $30.

adjourned until 10 am, today.

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