1948-10-21 — Page 2

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THE CHINA MAIL, THURSDAY, OCTOBER 21, 1048.. 1

Legality Of Admitting Uncautioned Statements

The legality or otherwise of admitting uncautioned statements mada by accused persons is, strange as it may sound, still un- decided in English law, submitted Mr. W. A Blair-Kerr, Assis tant Crown Solicitor, before Mr. J. Wicks at Kowloon yesterday. Mr. Blair-Kerr further contended that judgments of Appeal Courts in such cases are not rules of law but rather guidances for law officers, In support of his submissions, prosecuting counsel quoted lengthily from Phipson's Laws of Evidence, ond Appeal Cases (1914). The Assistant Crown Solicitor was replying to the submissions of Mr. P. J. Griffiths, that, the un- cautioned statements of his clients wore in admissible, specially when such statements were not made voluntarily but in roply to quos-guard...How about getting money tions put by the police.

رجمة

At 7:58 pm. on July 21, zaid witness, a number of Chinese ar- rived at Mr. Smith's house and went, into his study. After they had seated themselves, one of the

carried on man.

a conversation with Mr. Smith, in the course, of which he said:

at

Is. friend is the, Chief Cashier

the bank. He is to get $200,000 Yes. The chief cashier will have a big fellow go like a body

us and stop everything...

to the other side?.. What about a-Walla Wallo?.. Best way is to get cheque to bank aspon as possible. Not sent it to Macao....

20 Löst In

Makes Proposal

Sea Explosion Over 9,000 Miles

More than 20 Ilves have been lost a rouult of an explosion which sank a stqal ̧ motor launch, Hay Halung, near Kongmoon, socording to belated reports from Canton yesterday.

In addition to the 21 lives, considerable (amount of cargo and livestock was lost. The explosion occurred on October 14 at 9' cm. The Vessel was streming towards Kongmoon from qa.outlying village port... It'wàn carrying passengers and farm produce to Kengmpon.

The vesett sank Immediate- ly after the explosion, throw. ing more than 70 passengers and crew into the water, A passing launch, Hús Ta, pick- ad up about 50 survivors, many of whom were Injured. The cause of the explosion hns,mot, yet been, established. The launch is to be salvaged.

Trafalgar Battle To Be Feted

Quoting from Archbold, Mr., from the Hain Hua Enterprise Co. Griffiths argued that It was

of Chiga Building.

this goes wrong, there is no The case, which attracted con- improper for the pollee to

monoy We can go now." question people not in custody its fifth day yesterday, at the end four accused (including Poon) in uiderable public, Interest, entered

Referring to their seeing Ute and to use their replies as of which It was provisionally ad-the private offices of Detective evidence. When the stage Journed to October 27,

Sub-Inspector HT. Matches at was reached, in, the course of -Defective Sub-Inspector

the Kowloon City Police Station. such questioning, when the Moore of the Special Branch, in witness said that he questioned police decided that an accused evidence, corroborated Delective Wong from: 11,68 p.m. on July 21 person would be charged, it is Sub-Inspector RH. Woodheids to 12.25 at. on July 22; Cheung

leslimony diven on September 27, Yung. then absolutely essential that regarding the pailee's visits to Cheung Yin-san, from 2.15 to the person so.questioned should be warned.

Mr. S. Smith's house at 172.16.n.m.; and Poon, from 3.20 to Battle of Trafalgar will be Romantin-Hill Road on July 16, As to his clients, said defence | 17,

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themselves in the bath- and purposes, in custody, irres- | room which was next to Mr. pretive

they have Smith's..study. of whether beer arrested or merely asked, to Po to the police station. Thels liberty of movement have been circunscribed in that they were not told that they could leave the

Estation if they so desired,

M

und

Referring to the alleged con- versations between Dr, Smith later a. man,

identialed Wong, DSI Mooresaid that, he took noter of what the man said, while 251 Woodhead noted what Mr. Smith replied.

4 n.m.

from 12.00 to 2.05 a.m.;

Not (Under Arrest

the

The anniversary

commemorated in Hong Kong today with the beating vot Netrent by the Band

and Drums of HMS Sussex at 6.30

A marriage proposal aver a 9,000-mile radio-tela- phone call between Tokyo and Surrey was recently made by the British Overscas Airways Corporation's Station Superintendent at the Japanoso capital.

As a result, Misa Andrea Rosemary Esdrile, secon} daughter of Mr. and Mrs. W. Margrave Esdalle, of Driftway, Old Coulsdon. Surrey, Beenme engaged to Mr. Ernest Lewis.

Before going to Japan six months ago, Mr. Lewis.. was DOAC's Deputy Station Superin tendent at London Airport.

Miss Esdaile, and Mr. Lewis met une Sunday about a year

ago when Miss Tädalle as Captain of the Second Coulsdon Girl Guides was taking a church parade of cfuldes. Mr.

Lewis was

motoring his arents to church Miss Esdallo had to order her Guides swiftly two paces forward as the car ap- proached. Apologies followed and then friendship..

Mr. Lewis wrote regularly from capan. Then he sent 'a, cable sqy->a ing he had something Important to ask and would telephone. Nine

Miss Esdaile

thousand Personalia

come Japan costing £3 15 A minute have to be booked ahead. Miss Escaile was informed in auvance of the probable. time.

Answer Was Yes

*

Departures from the Peninsula Hotel on Tuesday included Mrs. Collesman, Mr., and Mr W. F. Nightingale, Mrs. M McCluskey. C.A.S. It was midnight by local time Messrs. Odd. Hasen, in Japan on the afternoon when Helseth, T. D. Nettleton, B. W. the call came through to Coul-Tom, and D. Heds. During the whole night,

#don. Mr. Lewis's, question was, said p.m.

Will you marry me?" The ans witness, accused were not under

Wer was "Yes",

Among the arrivals at, the The ceremony-traditional form arrest. They were offered food,

Miss Esdaile, former Froebel Feningule Hotel on Tuesday which they accepted, and exercise, of marching and counter-marching

teacher at the Abbey School, were Mr. and Mrs. K. W. Smith, which they, refected.

In slow and quick time--will take

in the area between the ending, has not previously been Mr. and Mrs. M. A.Deutsch, Mrs. In reply to Mr. Blair-Kerr, wil-place neas said that none of the Eccused Supreme Court building and the out of England. She will be mar-Osborne, Mrs. G. E. Froarn, Mrs. Ca iffiths further argued

volunteered

W. A. Sippel, Messrs. T. M. Har- any Information apart Cenotaph. A Royal Marine Guarried in Japen. that it was admitted by the two On the night of July 18, Mr from those..elletted during the from RMS Sussex with also be

Mr. Lewis, has not yet seen, the rer L. J. Burnar, D. Dittner, Q. pofice uniters concerned that the Smith's visitor was alleged by

They did questioning.

not, how paraded.

engagement ring a single Zircon C, Newell, and H. T. Chu.. Lecusat did not volunteer any in-witness to have said, "If Fun ever. appeared to be unwilling to

-which he asked his parents to formation,

The forthcoming weddings have and that all the in- caught in the act of switching the Cormation

get for Miss Esdaile. Brewer the questions. No induce- contained in their cheques we must have guarantee men were offered, no: threats

in his 12

of Kenneth with BOAC, teen Years

announced statements were elicited by ques- that the solicitor will not send made, to any of the four persons.

Mr. Lewis opened new overseas Charles Piercy, of 260, Gloucester tioning. Ts questioning went on for the police I do not know

At 0.20 p.m. on July 24, the

plations at Kano (Nigeria), Mada- Road, and Miss Joan Kennll, of throughout the night that they | Fung's full,name. ..He lives oti

and Belem (South 384, Magazine Gap Road; and of second accused (Wong) was asked

gasear were at the police station,

52 Village Road. Owns the whole

America) during the war, IIc Earnest Charles Spowers; of HMS Before the court were

Wong houre. Comes from the same via further series of questions, the

went to London Airport as Deputy Coraus, and Miss Tang, Ho, of 33. to which were taken down Chiu alas K,K. Wong, 50-year- | Inge as T.V. Srong,

Station Superintendent when it Temple Street, Yhumath, Kow- by witness. At a certain singe of "Fung is in trouble with the

opened in June, 1946.

toon. the questioning, added witness, across added, himself, the words "Start the sheet of paper and here."

answer.

Just before sunset, the Guard will face the Ensign, At sunset as the Colours are hauled down, the Band will play a harmonised ver- sin of the bugle call, Retreat, and the Guard will present urms.

At the end of the hymn, Abide with Mo, the National Anthem

old impreter of 154 Woosung Chinese Geverniment and has to reused told him to draw a line will be played, The.cortmany wi

Street, round floor;

Cheung

Arst

Yang, aged 32, unemployed, of do this to save himself...The job Pektus; Road, first floor; and will be dane on Friday....Yes... Chung Yim-san, aged 40, drug- The cheque

Le on the Bank gist, Mong Kok Road,

of East Asin. Fuyers are extreme-

Cruse-examined; DSI Moure, ad- (luoi.

ly kech, pressing Fung to scil We Conspiracy Charge shall take cheque

to bank. Arst mitted that none of the accused and ask if cheque is good. Then were cautioned when they were Defendants were charged, with ge back to office and sign the con--

being questioned. At that time he Poch Ping-nam alias Poon Sin-tract if cheque is good.

was not certain that he was going yu, SI-year-old merchant of 48 Village Bond, ground floor, who

"Fung will come to the office to charge any of them but was

chquirica simply on Thursday, and pretend to be giving accuse Jumpert bait of $12,500 on August a stronger. He will have repre explain their behaviour.

Opportunity 21, with conspiring between July rentative of the Chinn Investment 15 and 21 lost to steal $1,105,440 Co. and say they have come to

Pressed on this point, witness declared that he had no intention draw up a contruct.,

then of sharging, any of them, in spile of what he had heard at Mr. Smith's house. He was just mak- ing enquiries.

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when the Guard and Band marchce away.

Beathing Retreat is a survival of an old Army custom warning all rolders to return to barracks.

п quarter-of-m-hour

..belare A special roll is benten on a drum sunset.

Members of the publle who, in- and tend to watch the ceremony must apprótch the Cenotaph Square on foot from the waterfront.

to

Farewell To Cdre Webster At Kai Tak

Gave False Statements To Help His Friends

S. J. Maalem, of the Gloucester Hotol, who is charged with forging a bill of lading, said that ho gaye false statements to police believing they were for the Customs; in Shanghai and "Will Bring Cash"

that, he was helping his friends, Benjamin & "The New Chino Co, man will

Sons. bring cheque and Fung will bring $100,000 cash. You will tell them Witness said that he did not

Moalem is charged with uttering of forged bill of to come back. In the afternoon... consider the four men to be in

lading and forging a bill of lading with intent Then the switch will be worked custody, although he would not

to defraud D. H. Benjamin and Sons. and, Fung will get the cheque... have let them go if they had ask- The

New China Co, man willed to leave. He told them that

Defendant pleaded not that Benjamin and Sons know have the envelope with the paper he was making enquiries and A farewell parade for Air guilty. He was represented by nothing of the shipment.

Furg.can.cash the cheque.at might need them. He did not tell Commodore S. N. Webster was

Mr. M. Ada Stiva. Mr. H.

Wrota, Letter... Lence.

them of their right to love be- held at the Royal Air Force Better let Sun Wah keep the cause enquires were not com-section of the Kai Tak airfield Sheldon, K.C., Instructed. He later wrote, a letter to Siddy the Arm's cheque. It is now 0xed for Friday pleted.

by..Mr. F. Hammond, is pro- saying he had used yesterday..

they and he hoped that name sliernoon. We will come to-

| secuting. Mr. Griffiths: 30 they

The three Services were repre-

would not take the mattor to morrow. evening, arrive 0.30, for there voluntarily under

sented at the combined, parade. At yesterday's hearing before court. This, said Moalem, was all Detachments which took part Mr. F.X. d'Almada at Central for the benellt of the Shanghai were drawn from the Royal Navy, Moalem said that he came to Custoras, in actual fact it was the 20th Field Regiment, Royal Hong Kong in February 1047. completely., untrue. Artillery. und the Royal Air l'ore.

a practice."

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The parado marched past to the niusic

of the band, of the 2nd Battalion, The Bulls.

Air Commodore Webster, Is 'duc to leave today. The post of Air Oficer Commanding, Hong Kong, has been assured by Air Com- modore D, A. Davies who arrived here last Sunday.

Reminders

Siddy Benjamin gave him a latter Two hours after he had given of Introduction to join Messrs. the letter to Siddy he received a Benjamin & Sons. He increased letter from Benjamin and Sons the business of the firm by almost solicitor: asking that all the office $1,000 a month.

papors and les be returned and that he should no longer use bis Owing to increase in business power of attorney. the staff was increased, from ve He returned the papers and to 15 members, and his salary was asked for payment of promisory increased because of his work notes, he had. being rat sfactory. His duties were

He received letter in reply cupervising storage, transport, alleging that he had used, the. Issuing certificates and sining name of the company when to documents.

vident.

He was granted power of at-whs in no position to do nò,,,

Cross - exlimined by Mr. torney in July 1947, and his Sheldon, Moalem, sald hat he signature was registered with the gave false statements to the Bank of China, Kowloon Godown police because he thought he was Holts' Wharf and China Pro-helping his friends. He was

under the Impression.

1-lint, the statement In October 1847-E.B. Benjamin and the letter wore going to be caine to Hong Kong and Biddy

ven to

the the Shangha

Customs to Opening, of Violet Peel Polyclinic, Benjamin told him that the

Werichal

business was, to be expanded, de clear the name of Benjamin and and make the Oustoms, open Kowloon Rotary Club luncheon, Singapore Rangdon and Bangkok. the

offices

again." Peninsula Hotel, 12.30 p.m..... Eventually the slice was removed He said that the company knew Ladies Night, Y's Men's Club of fo

the serpent and it was Hong Kong at Cosmo Club, Mosley continuing his ovi- about with consent and know-

dence, cald, that he still had power ledge,

7.30

Beating

Taday.

Victory

ነ

Houre.

m of Retreat by HMS of attomey after, the office moves Suerox Band, at Cenotaph: g.app.mazi

to.

The case was adjpuried until House. He introduces October 28. three business men to, the firth und cargo, was taken from, them. In February, Mr. Calero of the Mexicon - Embassy in · Shanghai, ikked, him, to ship - 19 cases, to, Shangli on the sa. Tedelberg. Services Dance, European YMCA, Asks To Sign

Younger Set Club Dance, Euro-

pean: YMCA, 18, PUL

Coming Events TOMORROW

HK, Light Orchestra fichbarsat.

* 273, Robinson Rd. 6. pim. §- Hong Kong Chamber, Muste Club, Cancert at Government House, 9.30 PAY SUNDAY Classical Contert, Tor H Club, Talbot, House, 50, Macdonnell

9.45 „pām. Talk on "Dots" and "Dashes" by Capt. R.D. Barratt, European YMCA, 630 p.m. audit Tatari medus

DON'T KEEP WITTO

YOURSELF

[any Ulms, Phone St

24354

POKWALL ITENE URED),

PO Ordinance Passes Reading

The

Post Office :: Attendment On February 4, when the goods Ordirian 1918 and the Duplicate were already on the ship, Moslemonds Oralliance 118 passed

Postmaster

in

went to Benjamin's office and ask their second and last, reading od him to sign the bills of lading-Legislative Council yesterday. Benjornin said he had been

-The - „Prat / Office. ., structed not to sign. aby (blin

the Monis, mid the would sign them authorises himself as he had power of at loix the rates of postal charges...

The Dupirato

Ordinance torney.

He went back to hir own omen authorises the Accountant General and signed the papers, with his to date duplicate

the Publie isual signature, 1.The gods were honda Issued le bond, In lieu of shipped to Shantha giddy Tenance 1933 and the Hong Kong

Works

Loan Redemp1⁄4op

Ordin Later in February

1934,

Jamin told him that the goods Dollar Loan Ordinance shipped on the Todelberg had which had been lost or destroyed Heon, conducated and the offides a result of the war. in Shanghal scaled and; a beavy The She imposed on the firm. They culosis Association, Incorporation, arked Monlom to write a letter Ordinance 60 also p

1968 -also-pailed into

• Hong Kong Anti-Tuber-

saying the mods were slipped law yesterday. without. Benjamin's knowledku

Moster promised to think about ....... Shen,

46 Biddy and his stepfather camo widow, had her softenito try and get him to write] treated, and a bar

the latterInspector, Waldron at #450E

mo: with Benjamin, and he was Wigka..ät ykkowlogi yerlerdoy dguin asked::forin Beiter.tok Ma when do jajai da, answer, thay Inspector - Moore cams and he charge for mording, 116 gold con mada a slatement to the chest: October 10, at Kai Tak Airfeld; i

1

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