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THE CHINA MAIL, WEDNESDAY, SEPTEMBER - 15, 1948,
HEARING IN COWIE
Lighter Side
PHILCO RADIOS CASE STARTS AGAIN In Court Case
}
ELEVEN NEW MODELS
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DISTRIBUTORS:-
Gold-Selling Trick Nets
Hard Labour
The
"please-sell-my-gold-
"gold" for him' as he
sell it,
William Henry Cowie. had, from the very earliest
the
pro-
A "well-known character" In Yaumati 36-year-old dumb newspaper hawker ip
lighter, nide of Qourt ceedings at Kowloon yester day.
From: 1 know him very wall!" the magistrate ejacu- lated heattlly'when' Up' step. ped forward in front of the dook to answer a chàrga ́of-
· causing obstruction,
days after his dismissal, made it perfectly ving-lam provided clear that he confested his dismissal, would raise the question of irregularity and intended to proceed to claim for damages. This submission was put forward yesterday by Mr.
B. A. Bernacchi when hearing of the case by Cowie against the Attorney General for dam- ages for alleged wrongful dismissal was re- sumed before Mr. Justice Gould (Puisne Judge).
Messrs.
It was
ip pleaded not qulity by means of the vign languagė. Police witness' was not and. Mr. “Latimer availablo, discharged the defendant, who left the Court demonstrating 'profusely' his gratitude.
Fined For
Defence Speaks
In Unmanifested Exports Hearing
The police charged. his clients with attempting to export unmanifasted cargo, but do nothing about Butterfield; and Swire, and Jardino's, said Mr. A. J. Clifford at Kowloon yosterday, Defence counsel submitted that it is manifestly an absurdity to chorge any person with attempt- Ing to export unmanifested cargo, when it is the very usual practice to place the cargo on board a ship before applying for a permit which, in the case of exports to Macao, is automatically granted:
Mr. F. Zimmern informed the court that he was representing Chiu Chul who is
Harbouring legal ownership of the Young Girl
claiming
motor
speedboat seized, with its con- ients, by the police at Aber- deen on August 31, **
Detective Sub-Inspector C.J.
Testifies On Drug Identity
[
for-me" trick was successfully Mr. Bernacchi, who repre-ple, prevented from cross- played by Leung Kong. and Rented Cowie, was Instructed examining certain witnesses. Szeto Wing on two women by Mr. Y. H. Chan of
Mr. Bernacchi said that there Kowloon within a month, said Teo and Hodgson.
was no question of asking the Sub-Inspector J. H. Evans when
The Attorney General, nomina-Court to reverse, the declalon of the Board of Inquiry, which was the two were charged before led representative of the Crown, the object of & writ of certiorari. Mr. J. Wicks at Kowloon yes-
WIK represented by Mr. A. "From
the very earllest daya terday with larceny by trick. Lonsdale, Acting Solicitor Gen-after Cowie's dismissal, It wa
In the afternoon of August 10, cral.
made perfectly clear to the re- nwoman, Pak Kwan-yau, war; Cowie was employed by the presentative of the Crown that he walking along Argyle Street when Government of Hong Kong as a contested his dismissal; that he she was approached by
Leung Sub-Inspector of Polleo ufdern would raise the question of irre- and asked to sell a piece of agreement dated December 21. gularity and that, he intended to
being 1946. The agreement contained a
Changing her plea to one of Askew revented that there is an- young lad, did not know where to provision that he would obey the proceed to claim for damages"
declared Mr. Bernacchi. jovisions of the Police Force
Fountain. Of. Justica
guilty, Chan Yee, 48-year-old other person who is also claiming
of the vessel. ownership.
The only resemblance bc- Whỏe they were talking over Ordinance 1932 and any Ordin-
widow of 16 Nan Chang: Stroot, Mr. J. Wicks fixed the after- the matter, the second accusedances amending or substituted for Mr. Bernacchi submitted that it went up and, stating that he was the same and all rules, regula- i was
against the idea of the round floor, was at Kowloon noon of September 20 for hearing tween streptomycin and a mix- n foki in a goldsmith's shop, said tions or orders made thereafter. Crown, as the fountain of Justice, yesterday fined $50 by Mr. J. of the case in which Chan Sing ture of dextrose und
harlins Chan Cheung,
is 32-year-old chloride the appearance, first have Wicks on the charge of be would get his master to buy
There was a further provision, that plaintiff should
Thompson June marchant, Kwole Tim, aged 30, testified Dr. Basil the lump of metal as the pricu! without prejwice to alatutory obtained his writ of certiorari and bouring a girl between
coxswain, and Wong Wei, aged before Mr. J. Wicks at Kowloon entered-a claim for
27. super-cargo. ore being Tel. 24589 the money from his
yesterday. It was stated at the previous charged with persession of arms master, so dismiss him if he should in any In
Bernacchi he said.
Dr. Thompson, managing-direc- misconduct himself.
submitted that the Court should hearing that a 10-year-old girl
on board the
tor of the liternational Chemical After Szelo kad gone off, Leung
In the year 27,
the plain-allow the issue of broaches of Chan allts Cheng, Oi, was found, and ammunition
motor torpedo boat at Aberdeen Co. Ltd., was called by Detective old the woman that he did not
natural Justice Jo be raised at in defendant's premises by want to sell to thit man as he biff's misconduct being in ques-
on August 31, Lady Inspector of the Secretariat
Sub-Inspector C. Pope, of the Chan, represented. by The on a Board of Inquiry was ap- the trial of the present action. cut nut look trustworthy.
Mr.Kowloon CID Headquarters, as Mr. Lonsdale said that it was painted under disciplinary Regu
(instructed by Mr. C.A., Clifford for
that woman then fell
the case Defendant pleaded
prosecution wiiacas in not laid down anywhere in lons made pursuant to Section 12 authorities that breaches of na girl went to her house to
in the and undertonk to sell the "gold"
Sutherton Rust), was, at the last look
which Leo Sing-chuen, 22. the Police Force 1932.
7, addlin
of 515 hearing on September addi-year-old medicine denter for Leung, leaving with him her:
tural Justice were supportstle. in
saying that for accommodation,
tically chargest with attempting Canton Road, second floor gold ring as accurity,
charge was preferred before the Roord and the Bnding of the an action where in estoppel was she would only be staying for a
few days as she was expecting too export 19 bags of salt, while charged with possession of pulsens, Kwok faced the additional two bottles of powder bearing s Board was duly forwarded to the raised to rebut an estoppel,
The girl also told accused thatchers to be loaded, possession of to defraud the public.
permitung dangerous false trade name, charges of Commissioner of Police and by denied that plaintiff was refused got work as a house maid;
by the right to cross-examine certain
,witnesses.
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was so low, lo left them to get.powers, that Government might conclusion. Mr. agos. 127 and. August 23.
manner
for Chinese Affairs. the trick,
When she failed to find the young man or her ring, she re- ported to the police. On Sunday [right, both defendants were -rrested in a restaurant at Shang- hai Street by PC 387,
They confessed to having play- ed the rate trick on another La Nui, at Shanghai woman, Street, near Pitt Street. on the afternoon of September when they got a wrist watch and a gold ring from her.
Accused were sentenced tu nix months hard labour and recom- mended for deportation.
Additional Charges
Two additional charges were
preferred against 40-year-old Ng Tso when he was brought to Kowloon Court bafore Mr.
ut
12 A
him to H.E. the Governor.
On August 27, 1947, in view of
the plaintiff the Anding. dismissed under Section 18 of the Police Force Ordinance.
Brought Action.
was
He has brought the present action for damages for wrongful dismissal.
At the hearing on September 2, Mr. Justice Gould ruled that plaintiff could not claim, in the prosent action, that he was not -guilty-of-misconduct.
The issue before the Court yes- terday was whether it would be open for the plantiff to raise, in of
11yis action, fle
the questiori
breaches of natural justice oc-
ត curring in the proceedings before the Board Inquiry
Mr. Lonsdale said that once
res judicato (on issue upon which judgment has already been de- livered) had been substantiated
J. Wicks after being remand on the elements which had been
set out in the text ed from last week-end.
books, there i be termed a originally, was what might Ng Tso, clerk, wus charged with Chau Hak-hai,
prima fncic case of res judicata. manager of the Fu Cheung Chong In all cases where res judicata Company and Lam Yuen-hau, applied, except where statutory
lerk, with
forging an export provision had been made, there icence and declaration purporting
Numerous Authorities to have been 1.sued by Mr. Edulere no provisions for remedy. Fu of the Hevenus Departinent,
and attempting to export foun
After quoting numerous
Au
ath pens, Vicks inhalers, a radle thorities in support of his sub-
set and zip fasteners at the Cat-missions, Mr. Lonsdale submitted
authority.
He
Judgment was then reserved by Mr. Justice Geuld.
#
the
hd had no parents and no re- therefore, no- latives and bad; where else to go.
Evidence
Given
In Forgery Case
and
calcium
19
conspiring
279 tins of kerosene, using n It was alleged by the prosecu- vessel not having a survey certi- tion that when the promises were Detective- figute, falling to report arrival of raided by DS1 Pope,
the vessel, and acting as mastor Corporal Chan Lop and Defective on a vessel without a competent Tse Ping-inm, on July 20 two
master,
Additional Charge
Ал
bottles of strychnine altrate, twi bottles of quified phenol, two
two
Mr. P. L
the
bottles and 840 ampoules of u solution of ferric amarionitri At yesterday's hearing, DS citrate with strychnine, two bol- Askew preferred additional tles of sodium cacodylate,
to export bottles of powder labelled strep- Further evidence was given before Mr. F. X. charge of attempting
unmanifesteri
cargo (comprising tumycin, and a quantity of empty „d'Almada at Central_yesterday_in_the_coso in cuttlefish cigarette papers bottles and packing materials,
which S. J. Moalan, formerly of Messrs. Bon: kerosene, twe easer of outboard were found.
Players
by Cross-examined motors, two radio sets, jamin and Sons Storage Co., Ltd. is charged and Three Cantle cigarettes, SMA Lum, for the defence, DSI Pope
ho with the allogad forgery of a Bill of Lading, milk powder, wool, plastic rain- yesterday agreed that from Moolon is charged with having on February 7, coats, wollen materials, condensed papers taken from accused
dex- learned that Lee came from Stam milk, calelum gluconate. 1948, with intent to defraud, forged a Bill of trosol, tollet maps, Larostidin and that he arrived on or about
on August July 11. Lading purporting to be a document of title and washing soups)
$1,
He made inquiries about the to goods shipped by Messrs. Benjamin and Mr. Chord said that he was export declaration forms found
the Arst ac- enly representing
on the premises, all Sons Storage Co., Ltd. and with uttering the CURCE, who is the owner of the but did not inquire about the document on February 5.
salt, and Kwek Tim only as far use of the as the case against him effects forms. He was the cargo on board the vessel. Hn they were for declaring different was also representing Kwan Kul-kinds of commodities, chuen who claims ownership of the 47 cases of cigarette papers.
Defence counsel said that the A husband' and his wife were charge of attempting to export is cach fined $300 or two month manifestly an absurdity, It is
a ship and board to put things for on export per- hard labour by. Mr. Hin-shing La very usual practice in the Colony at Central yesterday.
Mr.
H. G. Sheldon, K. C.. instructed by Mr. F. Hammond
conducting the prosecution: while the accused is defended:
Detective by Mr. M. A. Silva: Inspector Waldron was present for the Police.
Couple Fined
On Gaming
wilness,
yellow and white that
not aware
at the Inquires made by him
Larch Cheung Lee facto.y at Street, Taikoktsui, elicited the it was the in- formation that tention to export to iarn ย quantity of emply ampoule bot- Mr. W. Simpson, Government The man and woman; 51k Kee then to and Pan Lul, wore charged, with l This is done every day on Pharmacist, and Mr. D, E, Davios,
on
tles,
hay Pacific Airway office, Pen-that the Court ind no power 10miled. He knew accused who keepingTM a" gaming school at 30 board-vessels of... Butterfield and Acting Government Chemist, both
insula Hotel, on September 9. act: as 'n reviewing
Mr. C, A. S. Russ will represent
Replying,
Mi. Bernacchi sald WOS Ng Tso who was additionally that the phrase "breach of na-
forging tural justice" was irst raised by They ported by mutual and being in possession of
1
amples of strychnine nitrate, liquified phenol, solution of ferric ammonium citrate and strychnine,
ture
R.F. Benjamin said that he was a director of Messrs. Ben- fumin and Sons Storage Co.
employed temporarily
Yu Wah Street (ground floor) Swire, and Jardine, and yet the testified to having examined the
Tse police does nothing about it but charged yesterday with
There was no arrange. Fa_laltery ticketa.
pounce on a small vessel. export licences on August 24 and
Lonsdale, Mr. Bernacchi then nents after he left. One of his, Inspector H. Brownrigg sal
sodium cacodylate, and the mix- 27, respectively, ile was remand-referred to plaintiff's statement of witness's clerk, Leung used to that the house was raided by In-| Produce Contract
of dextrose and calcium. ed three days in police custody. claim and said that it was his assist him in his own business. spector Paul Ho and a party of
chloride, banded to them by DSI The manager and Lam will be contention that a number of irre se had no luca what accused's polce on September 9. When the The defence will produce the Pope. defended by Mr. Marcus da Silva. gularities
had occurred in the business was.
police went inside the flat and contract between the defendant Further hearing was then ad- They were both bailed out for proceedings before the Board of
On February 4 he had a con- first defendant saw them he and the principal in Macao to journed to the afternoon of Sep- $250, and remanded two days. Inquiry. Plaintif was, for exam-versation with Leung about ac- tried to hide the tickets behind show that an export permit in tember 23.
used who sairi that accused had a chest of drawer. The police, Hong Kong will be automatically.
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10 enres of goods for Shanghai soeing him do this, seized the granted when it is applied for and asked him to
to sign a docu- tickets, inent. He refused. Un" February
5. accused raiņa to his office at 2.43 p.m. with come documents
ked him und asked
to endorse them.
He again refused. Accused gave the reason that they had to be endorsed and be sent to
hours.
BI
Opium Found
In Police Raid
From two oplum divans, police seized 24 pots of oplum, 12 m and seven pipes during raids on Monday.
after loading.
Counsel went on to submit that on the face of the case the charge could not psibly stand.
DSI Askev, in reply to the bench, said that he had been instructed to take the case for summary treil.
REMANDED
Charged With Loitering
Two unemployed Chinese, Yan Shuu-chang and Kwok On-lok, were charged before Mr. E. X. d'Almada at Central yesterday, with loltering in Pedder Street.
Both had previous convictions. and Yan was sentenced to six months.
before. the hank's closing ank lid refused to sign as the goods were not sent by. his Arm
Some time later he received 0
Charged with operating unļ Ronak Bertram Cuines Customs, notification copy of a from Shanghai
The statement Opium "divan, Leung Hung was Edward Stewart Herbert Walker, and placed under police super
****] fined $400. 'or six weeks' hard both stoker mechanics of HMS vision for two years, He was stated that 10 cases of goods con labour at Kowloon yesterday. Black Swan, were yesterday re- born in Hong Kung. Kwok, who signed by Benjamins and Son Five smokers, arrested in themanded by Mr. Hin-shing Lo for pleaded guilty to returning from
conuscated and the been
unnumbered. hut near Tai Kok six days in police custody.
banishment, was sentenced 16, 12 CN318,000,000,000. On
recommended for They were charged with rob- months and of the document be made Tall were each fined $35.
Another divan keeper at 7 Oak bery of wrist watch and $35 from rebanishment, enquiries. He later found that se-Street, third floor, was tinde 8300 the persons, of Li Pak-sal, on Detective Sub-Inspector Cock- cused had made a statement toor six weeks hard labour.. A July 10 near, the firive to house rano, prosecuted. It was stated. In the Police, Witness's firm had no smoker was fined $40, transaction concerning the ship-| ment.
had Arm
fined
Power Of Attorney.
Witness agreed that accused held n power of attorney, tor tho firm but said that had since been revoked.
I.W.
Lee, of the Royal Inter- oceanLine, Faid, that accused. came to see, hina, in February and told him that he had some cargo for Shanghal by the.aa. Tegelberg. He was given the necessary, blank and fold to complete documents
received When witnets
farmi sworn
them.
|to cancs were murers'
of ning Ho Lang up. Benad
and Sons and told them of this and that, a, now set of Bills of had to be mode. Accused Lading came to the odice the next day and was told of the error, and given a new set of blank Bills of Lading
Witness galdint it' did not makó ́ ́ ́any difference, who the shipper was The shipper was for the contents' in the -Ho-dit-not-notică milý, on the Bill of Formal Avidence was riven by Detective. Bup-Jqsə
Waldron
Lading
and Sub-Inj
Cross axar
ness will take place on October
1408 Répulse Bay Fload.
TYPHOON VICTIMS
A vlotní of, Typhoon Gertrude' lješ stranded off Stone. curtaninaka toany, awaiting high tise to pull-away-Un named yet, she is, a United States Navỹ tug from Manila While Jying off Stoneoutlare" island walling to be ropnirady shu blown schore by the storm which struck the Colony re-
About 18 persons were on board than; it was tearnúð,, Si de o infund, Normally the bean-tug would five about 20 perzona managing hari. The tug is owned by: Moljers Limiled,
evidence that a Chinese detective first saw, accused near Jardine's. During the quarter of uf hour he kept them under observation he saw thein peep Into people's pockels and bump into then,,
BOMB REMOVED.
A 1,000-lb. aircraft bomb, found ntar a hillside opposite the Kow- loon Decks yesterday' -- morning, was removed by the Royal Army Ordnance Corps and taken to open sens by a Water Polica launch lust evening to be dis posed of.
The bomb was believed to have been dropped by an Allied, airė. craft during the war. ...
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