1950-06-28 — Page 3

ARGOS HILL SEAMEN

FOUND NOT

The voyagos contemplated in the Articles of

Agreement signed by the accused were nor mal trading voyagos and the risk that the oc- cused were required to take'not being a com mercial risk in a voyago such as the Articles contemplated they wore justified in disobey- ing the order of the Master to proceed on that voyago."

Thus said Mr. James Wicks in a judgment hand-

ed down at Kowloon yesterday finding the 19' seamen of the ss. Argos Hill not guilty on a charge of combining to disobey a lawful command of the master of the ship to put out to sea.

GUILTY

The seamen, 11 Europeana |tions, and as a consequence, they and eight Arabs, were alleged must be token to fave combined to have refused to call for the together to refuse to obey the Part of Tsingtao after the jemund of the Muster.

Counties

Ship Management Company (London) vessel ar- rived hire on June 7 with a cargo of colton from Karachi.

The

ebsitec were Alimed Mohsin, firman; Ahmed Ali, Dreman; Sai Hassan, greaser: Guld Sath, remont, Abdu Sallam, Cook: Mohamed Abdullah, Areman

seamen

Kuid Chaleb, greuzer

Said Ali, grencer; Marcel Roger Anthony Lawrence, steward; Al- fred Jones, steward; Patrirt A3- thory Ifynes, able seaman: James Dunne, able scaman; James llut- ten, able keaman: Robert Collie nfth engineer: Donald Brierley, steward boy; William Lemmens ordinary edman: Danny Booker, ordinary seaman, Michael Oy, able seaman; and Alvern Me- Guiness, able seaman.

A procedent

"The question now las, ware the accused justified in disobey- ing the order to proceed on the

Hong voyage from

Kong to Tsingtao? It is not liputed

European who chased alleged robber sought

A European who helped in the chase of a man froth Eyttleton Rond to". West End Terrace on Monday, is naked. Central to contact the CID, Police Station, telephone 39384.

This was announced yesterday after the appearance at Central Magistracy of Tant Chi-yuen. decused of robbery with violence. alleged, to have robbed Fang Tak-chin of a wrist watch, a gold necklace and a gold bracelet.

Tam

W

I was stated In Court that a chase European helped in the and arrest of defendant. It is thi man the Police are anxious to contact.

Detective Sub-Inspector. Watson asked, unt was granted, a re- that same risk is involved in and of three days for the police

such a voyage, and the answer to the above question ¡appeare

to he In whether or not this risic is a commercial flak in ja voyage such as was contemplat. ed by the Articles.

"The law Involved in the charge brought against the accused was examined in great detail by the House of

Lorts in the Palneri

Shipping Co. Ltd. v. Cuine (1007) A. C. 386. which case concerned Reannen who refused, for a reason comewhat similiar to that in this case, to take a cargo of coal from ong Kong to Sasebo in

to make further inquiries.

FOOD AND FUEL INDEX

The food and fuel index for by the Labour Office, were the week endest June 24 Issued

Blee & Floir 7.2 entilen 4.8400 Vegetables 1.9 calties

13110 Salt Labbage

2 rutly Olcatty..... Tea 2 alty

Mr. A. Hagion, Crown Counsel. arsisted by Inspector C. Pile of Japan then being at war Salt Fish 3 catty

with Itusala, and in Robson V Kish 4 catty Sykes (1938) 2 A. E. R. 612 where

the Marine Police, prosecuted, while Mr. V. L. J. D'Alton. in structed by Mr. J.

Stewart represented all the defendants Mr. F. D. Hammond held a watch- of Dodwell Ing brief qu behalf and Company, the ship's agents Mr. Wieks Judgment reads as

follows:

"In this case Ahmed Mohsin and 18 others stand charged with one count, that of combining to disobey the lawful command of the Master of the ss. Argos Hill. The accused are all members of the crew of that ship, which an- chored in Kowloon Bay during

Pork 3 enity

it was doodled that the same Firewood 10 cattles Pinciple applied where the risk Bean Cura. 14 pivers arose out of a civil war.

extracted

he Judgment of Lord Alkinson in Calne's Cuse, is that where a voyage is across sead which are the theatre of war, to port belonging to one of the belligerents, and is therefore Uke- ly to be the object of such sur- velliance anet attack as the other able to subject il belligerent Is to, or direct against it, that voyage is prima facie not an ordinary commercial voyage of a peaceful sture. The burden of rebutting

"Tetro which I have)

the evening of June 7, 1950. Mr. above incntioned rests

the prima facie presuniption

Facts simple

and of

17 Die necured signed on

Only one answer

Total

THE CHINA MAIL, WEDNESDAY: : JUNE: 28; 1950.

Reminders

Today

Manslaughter trial enters second day

Photographie Rolety of fonk The manslaughter trial of Cheung Dik-chan, Chin

cit mage and icrben actress, - entered 'it second day yesterday with further-prosecution evidence being given,

Kung monthly meeting, f Cafe Wiserman, 720 paA. Toe meeting, .60, Macdonnell

Road, 1.90 p.m.

Women's Section

(European The

YMCA) mahjong morning, 10 20.03.

Union Jack Club, what drive, 745

Dan

Nind Dragons Services Club, fim

show, 0.30 pm,

K Amateur Radio Transmilting meeting, Society, monthly China, Fleet Club theatro bar, 5.90 p.m Douglas Steamship Co., Ltd.. annual meeting, P. & O Bldg., 12 noon.

Sino-British Orchestra reheurant, St. John's Cathedral hall, 6.15. p.m.

clo Rocreio, members' Club

meeting, King's Park, 6.15

1.10.

Coming events

TOMORROW

HK Women's International Club, whist drive for Services, 7.30 p.m.

Union Jack Club, tambola 7.30

p.m,

Nine Dragons Service Club, band

call, Bp.,

Kowloon Rotury Club, lunch at

Peninsula Hotel, 12.30 p.m.

.

Y's Men's Club, Ladies Night, at

Cosmo Club, 7.30 p.m.

FRIDAY

Skal Club, screening of two blms, Jacobean Room, HK Hotel,

8.30 p..

Nine Dragons Services Club, tom-

bolo. 8 p.m.

2240 1.3440 1.0600 .$850

1.0040

.9840

Union Jack Club, dance 8 p.m. - Cheero Services Club, amateur

night, 7.30 p.m.

.7500

.7000

$13.1280 Police raid morphine

The average of the food and fuel figures for the weeks ended June 24 is $14.1880.

The Rehabilitation Allowance for the month of July, Wit therefore be

Darly paid Workers: Artlsuns

Coolies Women

$3.20 a day $2.55 a day $1.03 day

Monthly-paid Workerst

590 a month $40.50 a month

Men Women

some on July 1, 1040, the others "Good faith is a necessary ele-ping Ordinance, 1890.

on the following day. The shipment and scamen are entitled to sailed from "Liverpool on July form their

decision, upon such Quite different

den

A raid carried out by the Flying Squad led by Detective Wicks Sub-Inspector James resulted in the appearance of three men before Mr. J. Rey- holds at Central yesterday charged with smoking mor- phine.

werd

|

accused, who is defended by Mr. B. A. Ber- nacchi, is alleged to have unlawfully killed a cyclist, Ho Kwan-tun; while driving à Buick on April 18 in Kowloon.

Cheung is being tried before Mr. Justice T. J. Gould, Senior Pulane Judge, and a fury of six ̋mien' and one woman.

and

M.

Court Brevities

with

Mr. The prosecutor Heenan, Crown Counsel, who assisted by Detective Sub-inspec tor B.F. Elevin.

The case against_two_Chinese Wilkinson, and Grist are innten wits Wäre chargod structing Mr. Bernacchi for the attempting to export gold with deterday morning, the Court fore Mr. Hin-shing Lo at Cen- out a permit was očnõluded ba- the Jury went from, thetral. yesterday.. Supreme Court neross the har Lau Hak-fan, aged 43 Was bour over to the Junction of discharged by the Magistrate 'as, Prince Edward Road and Water-the prosecution could riot prove loo Road near the St. Teresa's the case against him while Cheq Church to vlow the area of the Pak-dang, aged 30, was ined alleged offenec.

$500 or three months ··hard When Court reassembled at the labour, Supreme Court Inter on, the Mr. Alfred Y. Hon represented; cross-examination took place of both the accused and the Pro- K.W. Chan, the sccution was conducted by Ro- Sub-Inspector police officer who did the mea-venue Inspector Laślie Charlos, quring of the various distances in- Millington. volved in the vicinity of the in- eldont.

Questioned

on the subject of the cycle track by the side of Prince Edward Road, witness agreed with defence counsel that from going along that, lane. there was 'Hothing to prevèat cars

It

might have been used by cyclists for their convenience, he asserted, but he did not think it Was built for their own particular

usc.

•

Sentence of 12 months hard labour was Imposed, on - Ngda agod 38, by Mr.J. un-po, Reynolds of Central yesterday' when he pleaded guilty to a charge of embezzlement.

embezzling $1,809.00 from Leung Defendant was charged with] Ka of the Sal Yuen, Hing Grocery Shop at d. Chung Sau Street, East

Detective Sub-Inspector Gale for the prosecution sald that was employed by

Asked

as to the manner indefendant which he got a statement from Leung as a anlesman on April the accused at the trame mec 10 last year. Immediately after the incident. On October 20, defendant de-i Sub-Inspector Chan sold this was livered 12 baskets of eggs to the taken

partly through his ques-Kwong Tai Chung Shop... Affer toning and partly on her own collecting the money, defendint volition.

absconded None of the money had been recovered,

Sho did not appar at the time to be in a dazed condition, wit- ness said. There was, however, on course of the interval in the making of the statement when the accused's nose started to bleed,

Witness denied the answers he "got were na result of suggestions

he put to Cheung.

Soldior testifies

Plending guilty to a charge of assault, occasioning actual bodily Campbell, grenser, harm, R.N.

of an. Empire Orwell, was fined $10 and ordered to pay. $200 compensation to the complainant i by Mr. F. X. d'Almada at Kow- toon yesterday.

in question green Buick 30-$100 for a voir."

Lacross Prince Edward Road

ingi

Campbell was alleged to have on the Hooton, Crown Counsel, appears

thrown a'plate, of hot soup uł owners of the ship or their agent

Defendants, Mr. for the prosecution and

LI Fu-kan, Tio

Goodfellow, a steward, on bharit instructed D'Alton,

by

Mand that burden is not discharged

Hung-po and

The next witness was Ber- Sam Slu-kee,

the vessel on Monday evening geant W. A..Turnbull of the 6th' causing facial charge of

injuries - Áo thu Stewart, appears for the accused, by proving that, from the reputed

disposition and condition of the voyage such as the Articlés con- pleaded guilty to a

Anti-Alrafaft. Bittery, RA who intter. Both defendant and com- armed forces of that belligerent templated they were justified in smoking morphine and

testified that he saw on the day plainant were bound-ővérðim from which attack is apprehend disobeying the order of the Mos-cach fined $200 or two months

hard labour. er, there is no risk of attack after to proceed on that voyage, "The facts are simple and not all. The risk of attack is a ques- "Mr. Hülyer, the Shipping DSI James Martin for the pro-

and hitting the side of the The $30 bail put up by Robert: In dispute. The ss. Argos Hion of degree to be determined Master for the Port of Housecution said that the Flying church wall while he himself, Sandiman Lamb, aged 51062 a ocena going ship of 10,000 tons in each case on its own speclat Kong, informed the Court that Squid led by himself raided No deadweight. The ship's Articles of facts.

was being driven inside'a mill-the Capitol Hotel, was estreated the Articles of Agreement signed Water Street. Between the

vehicle on

by Mr. F. X. d'Almada àt; Kow- tary by the accused Agrconten: were opened in Liver-

were almost staircase of the second and third

There was a man half-way on loon yesterday tentical to those used in Hong Doors

when he falled pool, England, on July 1, 1949,

they atrested there the top of the car bonnet, witness to answer a charge of drunken- Kong under the Merchant Ship-defeudants, who were found

stated, and this man fell off the hess in Parkes Street early yes smoking morphine.

Buick as it hit the wall. Sergeant terday morning. A fine of $2,500 or six months Turnball said to them ordered his hard labour was imposed on our car stopped, and not on he 30. of 58 Medium Regiment, Gun A Gunner James Hilditch, aged 1040, and Abdulinis Sallam, (ie general information ne is at their Afth accused and William Len-disposal,

defense The

put in "Articles of agreement con-Cheung Chung-li by Mr. Reynolds 17, mens the 10th accused, signed the evidence certain reports publish stitute a contract between the when he pleaded guilty to a yesterday identified as the ac-Club Hill Barracks, was fined sigr, charge of possession of dangerous used, were hide the Buick. An $75 or four weeks by Mr.-F. X. same Articles whilst the ship was ed in the Hong Kong Frase partius and

tander the injured man and a bleycle were d'Almada at Kowloon yesterday being found in in the Port of Aden on October 22

which clearly come within the Articles in Hong Kong for voyages drugs (morphine)

lying ол

the

other side of the on two counts and 25, 1940, respectively.

an enclosed premises for an tip- category of general information, to ports in China they must, from Dangerous Druge Ordinance. In particular, reference was mada the same general information that

disturbing DSI Martin said that the Fly-

fawful purpose and Private D. Leeman, BASC. gave the occupants of at 25, Gov- to the South China, Morning was avaliable to the defendants Post of March 1, 1950 where it in this case, know what is in-ng Squad raided No. 18 New evidence as to having seen, a carernment Quarters, King's Park. was reported that on February volved and it may well be that stress first floor on Monday night going along the cycle track with Inspector J. H. Evans, prosecu- 20, 1950, the Isbrandisen ship the extra risks and dangers ara and arrested defendant.

a bicycle going down on the right ting, alleged that defendant on side of "Flying Clipper" and the United accepted and in the contemplation

the car. At the time, he Monday morning went Inside A police Informer bought a States Lines Co. ship "Pioneer of the parties at the time when small packet of morphine from was on the upper deck of a No. 1 No. 3 Block. Government Quaf Dale" were bombed and strafed they enter into their contracts. defendant for 350. Three and aoine Bus travelling towards ters, and inter knocked on the

position whilst in the Port of Tsingtau by The same

Nathan Roa

doors and prorod through the possible, also result it is half tacls of morphine, valued t

Articles three planes.

Under cross-examination, witness windows of Bat No. 23, belong- "The Prosecution do not con-are aigned in England specificativ / $1,500, seized by the police war said that, from where he ant in the ing to Mrs. J. C. Myers,

"After a number of voyager which included visits to such ports

was stift Immediately bccused were ordored to

when seamen

ordered to be confiscated.

tion.

road.

usiɑ a woman

whom

as Keelung, Rangoon, Yokohama and San Francisco, a full cargo of cotton was loaded at Karachi de stined for Hong Kong and Tsing tao. On arrival in Hong Kong the Master, Captain Mallett, received to retain on board the Instructions cargo manifested to Hong Kong

Desai and deliver part of this to Cakes tend that an attack on Tsingtao for a voyage to a named port in fendant had been in the Colony, bus, he could not see whether Defendant plended that he waS the bleycle was toward the front, under the Influence of liquor the remainder to Tsingtao and to not possible today. It is in China, In which case the parties for eight years. sail for the latter port at 6 pm. necessary for me to refer to the could bold to have contracted

by the side, or along the rear of at the time.. numerous other items of general on the basis of a knowledge of on the following day."

Defendant sald that the mor- the car, as the bus was a little. The accused frat voiced their information submitted, for, on the risks and dangers involved in phine was for his own comsump-distance behindforcle that first of raw oplum, Ip Tsan-fu was For the possession of 40 tael: doubt

of the the item of general information the voyage,

It was aubt as to the safety voyage to Tsingtao whilst the ship regarding the Port to which the "It is quite different in a case

drew his attention to the bag-ned $10,000 or 12 months hare shsuch an "is before the Court of

penings outside, witness disclosed. inbour by Mr. J. Reynolds at aware of the

of the their ship alone, there can only standard Articles of Agreement

Charged with possession of When he saw the blbycle it was Central yesterday when he plead- They con- be une mswor-the risk involved signed in England for a number ship's destination.

Defendant was *arrested 'nt tinuously maintained that there in a voyage to a port in which of years, for normal trading arms and ammunition and pos- already emply and was in the od guilty to the charge. was sp

After further evidence by other Connaught Road Central near the danger sune

of attack or merchant ships have less than four voyages, no poris being speelfled session of dangerous goods, Chan act of going down.

"The Captain of the st. Argos Chuen, owner of cargo dunk, apture, arising from the Civil months before been bombed and

strated, the position today up-Hill was War, divived in the voyage, and

put in an impossible T22881, was fined 11,760 or 18 witnessee, the trial was adjourned. Wah Yan Cafe with the optuin in

his possession on June 20. the time position when his ship was char-months hard labour by Mr..until 10 a.m, today. came to a head when proximating to that

at Kowloon You-- Sub-species Pile in the Cop-of the attack, canhot bo cin-tered for this voyage to Tsingtao.

terad Almada ship manned by thin's cabin on ard the ss.sidered & commercial riske in a He commanded

The reasonably happy crew, und Sub-Inspector K. C. Cheng Put the question to normal contemplated the there was nothing he could do if stated that Hill,

on June 24, whon each of the accused: Are you will voyages contemplated ing psall, and Captain Mallett, Articles of Agreement sigtied by his men. refused to proceed. on a police boarded defendant's funk

was puttide the put the question If I ring stand the accused were normal, truding voyage which

that the scope of the Articles. By will you be willing to mit voyages and the risk

"The Accused are found not within the hour? Each of the ne accused were required to take cused, replied No' to these ques-not belug a commercial risk in a guilty and discharged."

after they

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