1949-11-15 — Page 2

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THE CHINA MAIL, TUESDAY, NOVEMBER 15, 1949.

Government Employees Correspondence Face Rice Theft Charges

Personalia

Departures from the Peninsula Hotel during the week-coding cluded Miss W. Chuthin, General

The trial of four former government enrployees who are facing charges of larceny and aiding and abetting larceny, involving, 130 bags of goverament rice worth more than $24,000 began before Mr. F. X. d'Almada at Kowloon yesterday

and Mrs. W. H. Morrison, Captain The defendants are: Ho Wai-lam, alias William and Mrs. S. Moore,

Miss V

Brooks, Miss F. Bachman, N. Messrs. W. A. Lobban, J. W. New- house, S. Cahn. L. E. Mouroux, M. Davidan, A. R. Pillman, Max Horn, and B. B. Lien.

Among the new week-end ar rivals at the Peninsula Hotel were Captain and Mrs, C. H. Lewis, Mr. and Mrs. G. T. May, Mrs. E. Chan. Mr. and Mrs. C. J. Carrigan, Mr. and Mrs. W. F. Wang, Lieutenant

H.

N. Croft, B. J. White, E. H. Page, G. D. Turner, G. K. Jue, E Spawart, S. Largerberg, J. M. Demmer. J. H Wall, J. Wilkes, and J. C. Cooper.

Ho, cargo supervisor of the Department. of Supplies and Distribution, Rice Section; Ho Tin-sing, 25-year-old son of Ho, tally clerk at the Rice Section, charged with stealing the rice; Cheung Lun, cook at the Hip Yick Rice Depot, Cheung Kwan, shop coolie at the Hip Yick Rice Depot, charged with aiding and abetting in the theft of the rice.

Mr. M. A. da Silva and Mr. Yick Bice Depot, to Mongkok and Mrs. R. C. Thompson, Mrs. MAS C. Comber are repre-where three lorries were hired.

J. Skuse Colonel and Mrs.

senting the first and second de- Witness then drove the car to1 Randolph, Messrs. - J. B. Murray,

the Liberty, Theatre where first fendants, respectively.

defendant got out. Witness wa Assistant told. to, wait. Third and fourth de- Mr. A.A Shaw, Superintendent of Police attached fendants also left the car and to the Anti-Corruption Branch, in walked toward the junction of opening the case said that pro- Jordan and Canton Roads to wait secution proposed to prove that for the lorries to turn up. After first defendant is the principal of waiting for about 10 minutes the larceny from the Hong Kong when the lorries failed to ame hack ic and Kowloos Godown Company he drove defendant wharf on September 23; that he Mongkok and told the lorries to hired the lorries, accompanied me come along. of the lorries loaded with rice to its destination that when -police intervened he told that it was his rice.

Mr. J. L. Hays, chief corres- pendent in the Far East for the "Sunday Times" and other Kams ley Newspapers, is due to leave by 30AC today for Cyprus on personal business.

Civil Air Transport (CAT) an- nounced yesterday that its rates: will be reduced in between 30 and 50 per cent below the Chi- nese Ministry of Communications rates.

the

them

Prosecution will also show that). second defendant arranged for the sale of the rice, said Mr. Shaw.

Third and fourth defendants, The reduction becomes effec-said. Mr. Shaw, were present at tive from thay ch all CAT ser- the godown at the time and helped to convey the rice to its destinz- adhered to formerly

tion. Communications" ol

vices.

CAT Ministry rates.

Chan Woon, employed by H Wai-lam as his private driver, be- was the

A dinner to welcome Miss Kfore the latter's arrest,

first important prosecution witness to be called

Chan said that on September 23

Rice Loaded

The Sattor Bits no respon ribility for vietos expressed in letters by correspondents, and by no means necessarily agrees with them

The New Flög

Sir-As the Chinese Commun-

cognised by the British Govern- men: there should be some, re- striction as regards fying the new Bag. In this Crown Colony. In Chinese territories foreign na tionals are not permitted to fy their own flag without dying a

I. Chinese flag alongside it, sa do not understand why any ex- ception is tolerated here.

have in mind a Chinese. school which has been flying the red flag ever since the Double Tenth holiday. In Singapore the Government has restricted the display of all emblems and flags by nationals whose countries are without representation Diplomatic Corps.

Court Reduces Underground

Worker's Sentence

Mr.

ist Government is not yet - The one-year hard labour sentence meted out to an ex-Allied underground agent, by Mr. A. D. Scholes, First Hong Kong Magistrate, on Sep- tember 26 for possession of arms and am- munition was reduced at the Appeal Court yesterday when it was found that the Magis trata had considered a certain matter wrongly. Justice Gould, Puisne Judge, after submissions. from the defence and Crown Counsel, ruled that the magistrate should not have been in- fluenced to the detriment of the prisoner by allegations that he was a former member of a certain "Blue Shirt Organisation”.

The appellant was Li Si- ken, 38-year-old manager" of the Kai Ming, Company, of 805 Bank of East Asia Build- ing. He pleaded guilty to possessing one 38 revolver and 17'rounds of ammunition-with- out a licence. The gun was -found in a drawer in his office, while the bullets were dis- covered in his safe by the police.

in the

A BRITON.

Defection OF NRC Office

Nearly HK$50,000,000 in mineral and other resources equipment, cash deposits and other assets are involved in the The lorries then followed and defection on Sunday of the entered Godown No. 28 where the Fice was loaded and lett Hong Kong Office of the Na- The third lorry did not arrive tional Resources Commission, and witness was told to go to informed sources in Hong Kong Peking and Canton Roads and said yesterday.

At least HK$20,000,000 in ha- ngaged another lorry. Return-

resources equipment atri Ing after having hired the lorry tural witness saw defendant come believed to be in godowns in He got off Hong Kong, while cash deposits along in a ricksha. and entered his car and return-in local banks and in the United States are believed to aggregate ed to the godown with the lorry,

HI$30,000,000. It was at this time that he saw

lead of rice.

With Ho in his ear he was told to follow the second lorry to the

A

than ever before is it time to show that our friends are our friends," •Turning to the sub- ject of the organisation from which the appellant: kad.. re- signed in 1945, counsel said the prisoner's only crime would appear to be that he worked for the British during the occupation as a member of that organisation.

Mr. Ecoton, replying, told the Li bad made an application for Court that the offence of posses- review of sentence imposed on sion of arms has been charac him before the same magistrate, terised by the Judges of this. Court who duly confirmed the sentenes as one of the most serious offences which can be committed in Hong of a year's hard labour,

The Court, de familiar with

them.

The prisoner then carried the ong today. appeal to the Appeal Court yes pointed out, was terday, at which he was repre- the penalties that went with rented by Mr. A.J. Clifford who! appeared on his behalf in the Crown Counsel said in regard lower Court-instructed by Mr. to the imposition of this kind of A.Y. Hon. Mr. A. Hooton, assisted penalty that the magistrate's by Detective Sub-Inspectors J. powers are only up

to three years What strong Howlett and L. Gordon, was for imprisonment.

factors there mitigation

were the Crown.

In the course of his plea, Mr. have been put before the mangis- Clifford told the Court that the trate and the Court: The mangis-

pescunt, and in-

where a

the second lorry leaving with statement was issued on Sub-appeal was against sentence, the trate presumably took there all

day by 35 of the 41 anployers of prisoner having pleaded guilty. He properly into the Hong Kong Office, headed by then pointed out that in this kind posed one third of the sentence. D. Cheery, new principal of the

3. W

Chih-hslang, its Director of appeal, the Court of Criminal Bir. Hooton went on to say that St. Stephen's Girls College, will be given on Thursday by the St

he was instructed by his employer/ vicinity of the Yaumati Theatre auncing that they had shifted | Appeal in England does not hest:- this was not a case

their allegiance from the Nation- tat to interfere with sentence transient man coming into Hong Stephen's Old Girls' Association.

The dinner will be held at the to wait for him with his car at the where he heard Ak Lun, the third list Government to the People's when the facts are before them Kong had failed to know the law,

Delen- derenciant, say to Ho: "Don't come. Gore Pel University Alumni Jordan Road ferry wharf. Hong Kong

interview Mr. W Association, Queen's Building, at dant arrived by ferry at 3 pm. someone's there."

together was told to drive back to the govere unavailing yesterday as he p.m. Any former students of the and told to drive him

down where he saw the third was reported to be absent, while College who wish to participate in with third and fourth deferidants,

his assistants the function should notify the No. whom he recognised as having lorry leaving with a load of rice.

having I boy before Thursday.

seen before at the Hop

Bill To Give Special Magistrates More Powers

A Bill to give Special Magistrates the same powers as that of Permanent Magistrates in regard to imposing sentences of imprisonment aggre- gating to more than 12 months will be in- troduced at tomorrow's Legislative Council meeting.

The Attorney-General, Mr. J. B. Griffin, will move

the First, Second and Third. Readings at the meeting. An explanatory noté states that under sections 51 and 84 of the Magistrates. Ordinance, 1932, the powers of punishment given to Magistrates were limited.

cer-

Before the commencement of the Magistrates (Amend- ment) Ordinance. 1949, tain Magistrates had power to award heavier punishment by virtue of the Powers of Magis- trates (Emergency) Ordinance. 1946, and all the Magistrates had power to award heavier punishments where this was expressly conferred by Ordin-

ance.

should be appointed by war- the hand of the rant under Governor. Nearly all the per-) sens who have been exercising the function of Permanent and) Special Magistrates were al- ready sitting as Magistrates when the Magistrates (Amend- ment) Ordinance, 1949, came into force. They continued to

Witness then

He then told his son, second de-i of the whole essed ignorance / to show that sometimes the Court) seriousness of the cretice.

fendant, who was on board the Mr. T. W. Kwak, Special Com- third lorry: "Someone's there, take missioner of Foreign Affairs in it to the Shun Hang" This was Hong Kong, asked by the Fress the Shun Hang Rice

ML 2

2 Sam last night, said he had no knowl- chen Hau Street. Witness with Ho edge of this latest defection. in car followed the lorry to the corner of Pitt and Shanghai Street where the third defendant appeared again and informed de fendant that police detective had been encountered.

Witness them drove defendant to the Shun Hang where the rice had-already-arrived.

RETURN OF ALLOTMENTS

An application for an extension of time by the Peninsula. Taxi Company Limited of 29 Kimberley Road, in which to file return of Defendant otments was refused at the" got out and went into the shop Supreme Court yesterday. for about 20 minutes and left to- gether with his son.

The car then was driven to the Pak Wun Tea House where it was first made known to them that the police were taking photographs of the vicinity, the rice, lorries and tar. The police then swooped down on them and took them to the station.

Hearing was adjourned until November 21.

Sir Leslie Güxen, Chief Justice, held that the he was of the opinion that" the applicants had made no effort to find how and what the law was in this connec- on, and the necessary require- mants.

This was a case, he said, not or negligence and inadvertence. but of indifference.

Mr. D. A. L. Wright represented the company.

Chinese Letter-Writer

Defied Armed Robbers

do so although the requisits The story of how two Chinese men, one armed

warrants of appointment were not issued.

As a result of sub-section (3) Two of the Special Magistrates of the new section 5 substituted under the impression that ther by section 3 of the Magistrates could still exercise the, powpas (Amendment) Ordinance, 1949, conferred by certain Ordinances. Special Magistrates could not on a Magistrale, imposed s lawfully exercise any powers of tences in excess of their powers

2S

actions be validated

:

with a revolver, entered the house of a Chin- ase letter-writer and threatened to kill him should he make a noise, was related by De- tective Sub-Inspector A. D. Cochrane at Cen- tral yesterday.

Defendant, Wong Chung, aged 23, was commit- ted to stand trial at the session on a charge of an attempted armed robbery on October 29.

¦

equally as in the lower Court

or of a man, who did not know Me Clifford then referred to of a pistol in his possession. The verious examples from authorities appellant must have known the

of Criminal Appeal usually re-

Crown Counsel said that with guced a large sentence to a lower ane in face of the facts before regard to the defence's sugges- them holding the the sentence tions that the police had con- ducted the case with impropric- was too severe.

Referring to the present case, this was always the case did not Mr. Clifford said the position was when the proceedings that the prisoner was a man of appear to be according to one's Excellent character, a responsible liking.

Glying his decision, the Puisne merchant, and a person of stand- ing and high reputation, which Judge said there had been a

a good was not disputed. At an earlier cent said as to the conduct of this stage. he was a man who had case by the, police before the thown himself a friend of England magistrate during the course of for four years, risking death by the argument. The law was clear torture in spying for the Allies on the point and he thought there was no real difference be- during the Japanese occupation.

tween the views taken `by coun- sels on it, he added.

Secret Service

"The prosecuting officer may Referring to the evidence given on behair of the appellant recite the distinguishing between those which be is prepared to and those which are

one General $ K. Yea, coun- sy cel recalled that the fatter had! establish

the matter of information only. caid that during the war, the If any fact is disputed by the appellant and himself did the defence, it should be cilber with- came work. Appellant was later drawn or disregarded by the evidence in sent to Hong Kong as a secret magistrate unless service agent against the Japan- support of it is called,”” Ese when he volunteered to do

·co. More than 50 other men whe were sent to Hong Kong for the tame purpose were never heard, of "again, presumably having been caught and tortured to death.

As a result of information from the appellant during the occupa- tion, 200,000 tons of shipping were sunk in one day alone in Hong Kong

Mr. Clifford went on to say that

Blue Shirts.

The only materiat dispute

In this case is the significance of the prior membership of tha prisoner, in an organisation called the Blue Shirt Organisa- tion. This was explained by the evidence of S.K. Yee be- Tore the magistrate, and he should not have been inquenc ed by it to the detriment of the prisoner Mr.Gould

uld went on

on to say

that

in 1946, after the war, the appel~; Iant retired from that organisa- tion and took up a business. He he had therefore considered the they should was a straight-forward and a re- facts of the case as

be, qulle apart from and

Without putable businessman, as well as a family man. He had in all five reference to the matter of

ve so-called underground Society, punishment in excess of those and which could have been lar

children.

and with

with a view to determling expressly conferred upon them by fully imposed only by duly ap

Counsel subraitted that the whether a fire would be an ide the Magistrates Ordinance, 1932, pointed Permanent Magistrates.

police had no authority whatso-quate punishment in this case. amended and in particular The magistrates have been set-

ever

when a person had pleaded He suted that the offence be- they could not impose sentences ing in perfect good faith and with

guilty, to outline and stress the ing deliberate, not committed in In relating the facts of the case stable who was on duty went to

seriouisness of the case to the of imprisonment aggregating to the exception of the sentences in

and notwithstanding more than twelve months.

excess of jurisdiction referred to to the court, DSI Cochrane said the rescue of fau and helped in magistrate. It is an

extremely the greater affect of the punkk-. The new section also requires above to which the failure to that the caraplainant, Fan Wai-arresting defendant.

on the In the meantime, Pan was still illegal practice for the prosecuting ment of imprisonment, m by sub-section (1) that Per-issue warrants of appointment no leung, is a letter-writer and re

this connection that he that to impose a fine would be manent and Special Magistrates doubt contributed, they have been sides in a cockloft at 810 Hol- chasing the other armed robber cfficer lo stand and tell the magis prisoner, he was of the opinio

discharging the precise duties wood Road, top floor. Fin also but due to the deuse crowd intrate which they were intended to dis-had a small room and a table on that area he lost sight of him. was instructed to take a serious to hold that a prisoner of educa charge. It is clearly desirable on October 29. at about 8:15 ance and identified defendant as] Dmcer, he added,

the ground foor,

Later Fan went to Lau's assist view of the case by his senior tion and standing might Gout this that their

Once having: decides Fergedy,

that im and the defects in their appoint-pm. Fan was alone in the house, one of the two robbers that went This would hit to the magis-

trate something sinister behind the prisonment is the ment removed. This is the ob.bis family having left the house to rob hindisce constables then i Scenes, which they could not the Pulme Judge went on, he ject of clause 2 of the new Bill for a while

Two other

www was bound not to interfere with A Chinese man, who had since

went to the scete and a telephone prove. The opportunity has been taken been recognised as the defendant, call was put through to the Up

The police also mertoned the term imposed by the magis

that to the principal Ordinance the Wong Ching, entered his room per Levels Police Station, and in withoirt any proof that the man trate unless he considered

down on a seat on

sation known as the Blue Shirt Upon heating the order that other robber was made. meaning

went into the the sentence must stand and the the provisions dant, then asked. Fan to write a "On receipt of the mind of the magistrate.

one Organization. This

peal must be refused, appezi auxended

letter for him and while he was call continued DSI Cochrane The lact, counsel continued, Clifford pose and made reference

"of the about, to do this, another Chinese proceeded to the scene

mention entered the room and stood to crime, examined the place and was that the organisation he left to the question of the the right of the table, an Look charge of defendant later in 1948 was the very organisa- of the membership of the pri Not Afraid To Die took him to the Upper Levels tion under which he was spring soner, in the sald Blue Shirt Or

Faller Station. Defendant then for the British. It was strange animation Counsel pointed out Within a minute, the condizade a cautioned statement and that the police, should bring this that the magistrate had taken Into consideration something be * Chinese man produced a resumed f

voiver, and, pointing al Fan, The same evening, defendant's said, Make not noise or she!!

the appellant's drawer was searched and later in

counsel said the gun was kill you: Fan replied, "I am the police to an ats bid man and 1 ass not afrais defendant looks pour Street handed to the appellent 109

THE S.S.

"

''CORFU” SAILS ON 25th NOV. So there is still time to -

Send these HOME for X'MAS and the NEW YEAR

$3.00 each

PICTORIAL

OF HONG KONG

CHINO Mali

PICTORIAL

Booksellers, Stationers -

NEWSPAPER ENTERPRISE LTD

to make some minor amendments

object of which is to clarify the left side of Fin's table. Derehe meantime a search for the had been. A meinter of an organi- it war painifestly excritive.

**

AIR MARSHAL FOGARTY

to

Jabode

LP 1 33 2ggravating factor should not have done,

Dealing with the revolver

Allowing further al

his

The Commander-in-Chief-Desig-| bate of the Far East Air Force,

Cufford, and Air Marshal F.-J. Fogarty, CB

rown Counsel had a

had replied, P. DFC, AFC, accompanied by Mrs.

having heard Fogarty is due at Singapore to-

After Baying this where the other robber was al- Japanese general after the sur- Gould declared that morrow on board the SS, CORFU Fan started to shout and raised leged to have been living but no render as a memento to pass to Mr. Clifford's submission.

the appellant's superior officer what he had already said, he was He will be met at the ship's

of sign of this man was found was The latter however died, and the mined to agree that, as side by Air Marshal Sir Hágh P.

The two robbers then took to the following day

was appellant

in the circumstances appeared the magistrate might Licyd, KPE, .CB, MC

DFC,

have considered this one matter. their heels and dashed out of the Bisd

kept the gun.

ntence should be room towards the Hollywood Roadbery, other senior BAF officers

chase and gave

with

On Friday the Air Marshal will { entrance to the linese Becres NOVE

to Ceylon for a three-day visit Lion Ground, Fan

Tob-

while in

DSI Friend Of England

wad Cochrane, GS he did he.. esntinued cu

custody, made, a further state-

wrongly, the sentence sh

reduced to some extent.

In this particular case, the

He will reldra to Sugapore on this. Iobberstment to the police in which he "But for this negligence, is not Puispe Judge conchided he November 22. It will astme his man however, wasan. Ial the scene of the robbery, typ en Eshed of the Court: “Would it. 10) submiadons

new appointment on November 26.

Joined by stated that three robbers went to the penalty a brutal one7" counsel able to accede to Mr. Clifford's

andi bat; the reima

On the fame date. Air Marshal Lau Wingstat in the and Lady Lloyd will lease be air saw polls, the gobbers heading for bering the room and the other my submission, not only be cruel time impose a sentence which be for a holiday to Australia. They different directions put he con- stying outside: Defendant then but extremely ill-advised to treat considered proper and reduct

various ad-a past friend of England is such the term or imprisonment will return to Singapore on Jan-centrated on defendant and ar- took the police to wary and will or Tengat by rested him after a plucky chase, dreises in the Colony In an at way air for the United Kingdom on A struggle ensued between Laut tarpt to locate these January

and defendant and a police con- but has been successf

two men. Mr Clifford added that "in

from

such a time as the present more

three months being nine months to, date. Bon.

the original convice

+