1952-02-13 — Page 10

CROSSLEY Diesel Engines

ENGINEERING EQUIPMENT: CO)

CHINA MAIL

Established. 1845

WEDNESDAY, FEBRUARY 13, 1952.

Refreshment headquarters

DRINK

Coca-Cola

Death Of Chinese New Year Treat For Homeless Cambridge School Certificate:

Old HK Resident

MRS OLIVE BRAGA

A link with Hongkong of | the last century was severed this morning by the death. of Mrs Olive Pauline Braga. at the age of 82 years, She passed away peacefully in her home, 12 Chathum Road, Kowloon, following a stroke which her birthday,

'on

Was on January 16.

The In Ms Bragi was bera In Launceston, Tasmania, in 1670, She emne trom a family of musicians, The Pillards of Australia, whone musical trapli- 101 dates back to the time when one of their forefathers Went from Germany to Eng- Jund with King George as a conductor

the ecurt,

orchestra.

As a little girl Olive Pollard displayed exceptional musleal talent. She made such a name for herself as a child violinist that she was engaged to tour Australia and New Zealand with her uncle in a series of con- cert. She had the remarkable ability to memorise a long and difficult work at one hearing.

ago Miss Olive Sixty years Pollard thy came to Hongkong of the Orient and on a tour played in several concerts here. There are still a few old-timers who remember her brilliant per- formunces Hongkon ክቡር

and

Macho in the latter years of the 19th century and the early years of this century

MARRIED IN 1895

.

In 1805 she married air Jose Pedro Braga, who, was then a young man working with his grandfather, the proprietor of the publishing firm of Noronha & Co., the Government printers. The late Mr.P. Braga's many years of public service and bis championing of the ealise of the under-privileged in Hongkong will be long remembered,

Mr and Mrs Braga brought up a large family of nine boys and four girls, all but one of whom are still living.

She is survived by Miss Jean Braga, J. M. (Jack), Mrs Maude C. Franks, Clement, Noel, liugh. James, A.M. (Tony), John, Paul, Caroline and Mary.

Several of the late Mrs Braga's family have inherited in come degree their mother's musical talent and have contributed to Hongkong's musical life, notably Miss Caroline Braga, the pianist, who began her convert career at the age of seven, and Mr John Braga, who is well known ex on amateur violinist,

The funeral of the Inte Mrs Broga will be held tomorrow, passing the Monument ca 5.30 p.m. for the Colonial Cemetery.

į

Inmates of Hongkong's streetsleeper shelters were this week given a Chinese

New Year treat in the form of special dinner. Our staff photographer caught this view of some of the homeless thoroughly enjoying their, chow.

INQUIRY INTO STRANDING OF HONGKONG SHIP

Court Requested To

Exonerate

Captain

"I suggest to the Court that Capt Dury-tool-all-steps to avoid danger. Tha fact that the Junior Officer did not report immediately to the Master when

he spotted a large, black shadow on the starboard beam, is the reason why the Master is facing this Court. I ask this Court to exonerate the Captain", de clared 'Mr R. F. G. Dennis, of Brutton and Company, when he addressed the

Marine Court of Inquiry this morning at the close of the hearing into the strand:

ing of the British motor vessel Angelina on Chilipai Reef, off Haiphong, on the carly morning of December 30.

Mr Dennis conlanded that the Marter had two good reasons to abandon ship, namely, that she pirate-infested was lying in area and, secondly, that he had believa that the Angelina would break up and he, as well As the other senior lers, did not realise that she was so stoutly-built.

reason

h

An extract from the log of the British whip Kala, who refloated and towed the stranded mole

ship to Haiphong, was read by the President (Me T. B. Low) and stated that the Angelina was there was evidence of lifering found to be tea-worthy but that

by perrons unknown

The President announced, at the conclusion of the hearing, that the Court will view the Angelina at Taikon Docks this afternoon.

Findings of the Cour óf In- quiry will be given on Monday, February 10, at 2.30 p.m.

light lists are wrong." he added. Witness agreed that the height of the Norway Island light was 361 feet but he thought the height of the bridge of the Angelina did make a difference in range.

The President; Which side of the light did you intend to pass?

Witness; South, if the weather was clear, generally about favo miles distant.

the

to atter course just before he saw the rest.

Capt Dury added that during the passage through the Hainan. Straits they experienced adverse currents when they had expected favourable ones. The ship aver- aged 10.5 knots through the Straits though by 3 or 4 pm. they should have had favourable curvents,

44 YEARS AT SEA Addressing the Court, Mr Dernis wold that there was evidence to show that Capl. Dury had been 44 years

was a holder of the MBP decora sea with an absolutely clear recorst,

tion for services at sea in 1944 of

been commended for bravery by the Die North cons of Atries in aesisting the Eighth Army. Earlier he had Prime Minister in connection with services at sea also.

The President: Did you ever give any direct order to aban-it don ship?" Chief Officer that we were go-

Capt Dury: Yes, I told

ing to abandon ship.

Did you give any order in general to the crew or address them through

anybody? I don't think I did because, to my surprise, I found that one juf the boats on the port side had cast off but who had given orders or

or told them to go I do not know. It put off without my orders or permission.

Witness agreed that he did give orders to abandon ship to the remainder of the crew in the starboard boats.

Capt. Dury had done the round tip between Hongkong and Haiphong no less than 23 imes and thus had covered the waters of the Gulf of Tongking on 46 occasions.

"At the moment I say he is one

of the tow Masters who with any

Hongkong and Haiphong and he is | experience are now running between

one of the persons best able to speak of the conditions of this Gulf of Tongking," said Mr Dennis.... "His evidence shows he took the ordinary normal courses he had been accus- tomed to taking on the previous trips. He is not on this small ship equipped with range-finding appara- tus and he relies on his own judg; ment well tempered with experience at sea. He is not the VP of man going to sea for the first time who makes howling errors, "Capt. Dury has told us quita

Successful H.K.

Candidates

First provisional results in the Cambridge School Certificate Examination were made known this morning. The advance notice com- prises the pass list and does not include credits and honours.

It is emphasised by the Education Department that the list is sub-

ject to confirmation.

GRADE I

King George Vth School;~~~ V.I. Aroshenko, C.W.A. Brand, G. Hung, N.H. Young. P.W. Burt, S.J. Read, M.P. Rovic.

Diocesan Girls School:-Pearl Loo Po Chu,

St Mary's School E. Lee. Sacred Heart School, Macao: −D. ChIBE, P. L

GRADE I

CPA Appeal Against Court Conviction

An appeal against the Kowloon Magistrate's con- King George Vih School: viction for importing unmanifested goods into the J.V.R. Bottomley, JD, Edel- Colony was brought by the Cathay Pacific Airways, man, J.P. McKinley, A. Ltd., of No. 1, Connaught Road, Central, before the Cheung, H. Giles,

Liao, Senior Puisno Judge, Mr Justice Gould, in the Appeal H.V. Zahnroff.

Court this morning.

Diocesan Girls' School: - Michelle Tsan Wa Chan, Alice Lam See Him.

Sacred Heart School,

Appellents were fined $5,000 by Mr Oswald V. Cheung

for importing into the Colony on their aircraft 15 tins

-D. Linz, D. B. Siu, S. M. containing 2,305 taels of opium, 233 boxes of Pent

Wong.

GRADE INT

King George Vth School:- C. Q. Aimao, W. A. Calvert, J. R. Marshall, A. M. Motte, 1. S. Chow, K, E. Davies, J. Franklin, S, A, Hawtin, C. V. Gillott, J. Kimber,

N. Smirnoff. F. Oxenham, Tavadla, D. B. Watts, P.M.E, Wright.

*A.

and 480 tins of Saridan tablets in July last. The goods were also ordered to be confiscated.

Appearing for the appellants is up to the defendant to show Mr John McNeill, QC, instructed that he did not know.

Counse] submited that what the by Mr F. G. Nigel. Mr W. A. Blair-Kerr, Crown Counsel, is section meant was that one must representing the Crown.

The grounds of appeal are that the conviction was against the weight of evidence and there was

Living Language

Why we say Fit as a fiddle.

This expression means physically in the best of health and its origin has nothing to do with violins. A former prize - fighter called Fiddler was him- self

of such robust strength that he de- pended more upon his ability to stand up to punishment than to knock

his opponent out. The correct phrase ahould therefore be "t as Fiddler."

Greek, Ship In Distress

Boston, Feb. 12.

-A Greek merchant vessel with a cracked deckline like that of the ill-fated Flying Enterprise was reported to be battling near-gule winds and lowering waves tonight 340 miles east of here Coast

Guard said the

put on manifest all carro that onG was corrying.

came to the W

that was mens ren was not a constituent

When the Court

third class of case,

The

Sacred Heart School, Macao: /insumcient evidenes on which to say that an accused person could the last-reported position of the

J. Mahomed.

candidate The following passed in one single subject private study, J. G. Burnish, Credit in Latin..

Arrest of

BOAC Men

Ordered

Mr Horace Lo at Kowloon Magistracy this morning issued warrants for the arrest of three men employ- ed by BOAC who failed to appear in Court to answer charges of attempting to export unmanifested cargo and gold.

were

Donald

Defendants Greedom, 30, Philip Percy Cann, 33, and Alex Edward Chopping, 20, who had their individual ball of $50 estreated by the magis trate.

found the conviction.

The appellants also deny they were guilty of the offence and claim that the conviction was wrong da low in that the CPA had proved before the Magistrate that they did not know that the offending cargo was on board the aircraft.

Mr McNell said that the re- levant section under which his clients were convicted stemmed from the Importation and Ex- portation. Ordinance, which Counsel proceeded to read to the Court,

a defence

vessel, which was tentatively identified as the Maria Cou- loucounti.

part of a crime, it would be slow to cutter Acussnet was en route to

not set up absence of knowledge as Counsel refereed to the omission of the word "knowingly" from the latter part of the section although appeared in an earlier part. The whether this word applied to the whole ease turned on the question

whole section.

When the Court come to count the section of the Ordinance, Counsel said that it had been held that the mere omission of the word need not have any, enect then relieving the burden of proof.

SUBMISSION

It was

Council's submission, that the alatute and the regulations made under it had the effect of enjoining a person who carried cargo to enter Under section 5 of the Ordin-that cargo in a manifest, but that if one did not even know be bad.cargo ance Ltself there was a definition on board he could not of course Referring to section. (c) of the of unmanifested cargo which enter it on the manifest. was applicable to the matter be- Ordinance Counsel said that in his fore the Court, Mr McNeill said. submission it was envisaged by the Unmanifested cargo meant cargo parape might place unauthorised not entered on the manifest of a atrerett comme

or aircraft. ship or

The issue under the appeal was fairly

straightforward, Counsel continued. There were certain offences in which mens rea was a necessary ingredient,

GENERAL PRINCIPLE

Mens rea was a guilty state of mind and it arose in some such ways as doing an unlawful act and knowing that one was doing Wag unlawful, The men were arrested at Kat at and that it Tak airport yesterday morning. That was a general principle of Police allege that Greedom criminal law, Mr McNeil sald, and Cann attempted to export and mens rea was necessary in

300 watches, while Chopping is oft offerime to time there were

accused of attempting to export 20 bars of gold.

Snow Plagues W. Europe

From

that

cargo, which was un- manifested, and that might to dana without the knowledge of the per-

such unmastifent.

on who were prohibited by section (b) from expert was a very significant thing, said Counsel. The legislature had in mind that it did not wish

ed cargo,

cargo to be exported unters some steps had been taken in connextion with the

the cargo. It enjoined owners of a shlɔ to write upon the manifest of the ship's cargo any cargo which it exported, but the realised that some auch feature

the knowledge of the shipper and it

aircraft outside, of Hongkong where The legislature had no jurisdiction.

The case la proceeding.

The American passenger liner

it had received a radio call from President Monroe reported that

the Couloucount that it had cracked its deck and asking the Monroe to maintain hourly radio contact, the Coast Guard said.

The Coast Guard sald an amphibian plane from Quanset naval air station, Rhode Island, was circling the area in ari effort to establish radio con- tact, but had not spotted the ship. "Weather observers said north- west winds from 50 to 55 miles per hour end 15 to 20-foot waves were reported by vessels in the area. The Coast Guard said it had little hope of Anding the damaged vessel until day- light-Press,

Radio Hongkong

H.K.T.

6. Programme Bummary: 6.02. Geraldo and his String Choir; 30, of Strings Symphony

"(BBCTS).

Forces Bandstand Concert Hall) By the Band of the 1st Bati. King's cargo might be put on board without therefore made it an offence for that ropinire Light Infantry By kind permission of L. Col. V.W. Earlow. outside party to place cargo on 5.8.0., Q.B.E. Bandmaster: Mr board. But the legsilature could da Hay; 7. Time Signal, World News nothing where the cargo would London Relay) 46. "Lucky Dip be placed on board a ship or

Variety Requesta presented by Jean Halliday (Studio); 7.09, Weather Re- port: 8 From the Editoriale. (Re- corded Relay): 8.10, Interludo; BI5, Jacques String Orchestra: 8,30, Orchestra of the Week, Philharmonic Symphony Orchestre of New York; 9. Interlude: 0.10, Ring up the Cur- thin (BECTS) Excerpts fram Wagner's Operas, with Bylvia Flaher (90p.) and BBC Symphony Orch- evira

cand. by Sir Adrian Epuit; Mr Robert Brown

10.05, A Talk on Bach, by Vaughan Black,

Williams (BBCTS) A Programme of OBE, Hongkong's new Colonial | the Music of Bich; 11, Radio News Reel (Recorded Relay); 11.15. Report: 11.10. Evening Prayer (Studio); God Bave Th Queen: 11.30. Close Down),

COL. SECRETARY DUE TODAY

statutes passed which the Courts had construed in such 3 Way that they said mens rea was not necessary. Courset

wos - now coming to the class of cases in which mens roa as such was not a necessary Ingredient. person did

unlawful act intentionally but in circumstances Secretary, is expected to arrive

which

from Borneo by Qantas plane Weather it

he, did would appear

early this afternoon. not know that the act was un- then depended upon

UNLAWFUL

CAPT RECALLED DREDGING Capt C.LV. Dury, Master of

the Angelina, recalled to the Pleading guilty to unlawful witness-box, declared that the dredging in the harbour, five range of Norway Island fight men and a woman were fined $15 given on his chart was 26 miles. cach by M. W. Sprague at the The President: The chart in Mr Dennis: What

is the

Lawful, it possession of the Court gives the maximum range you have seen

cam

LIGHT'S RANGE

Great Nerway Island light?

Marine Court this morning.

Sub- Inspector Blackhurst range as 15 miles. stated that at noon yesterday

I Replying further, Capt Dury have seen it 30 miles away defendants, optraling in

said that the source of informa- but I don't remember the last pany, were seen dredging the tion for correcting of charis was occasion. sea bed with grappling hooks of usually notices to mariners and Mr Dennis: I belleve about a the southern entrance to the Ught lists. Last June the range minute before

the

Angelina Yaumati Typhoon Shelter, On of the Norway Island light was struck rocks you had in fact Ecard each sampan was found altered to 30 miles but from altered course to 180 degrees,

observations, sald, witness, he Witness: I was in the midst quantity of scrap metal.

fined were Li Lu. 45, Filll_thought it was 26 miles as of altering:to 180 and she had Cheung Sai-lo, 22, Chong Muk, candle-power of 30,000 also gave started to swing. 31, 1A Kom-thing, 30. Cheung) that range. "I think that both i Replying to the President, Lam, 32, and Cheung Tal, 40. the notices to muriners and the witness said he gave the order

Д

THE tonnis court at the Macdonnell Road Mess of 22 Independent Platoon,, Women's Royal Army Corps, became a parade ground yesterday when Brig, M. F.. Coulshed, CRE., Director of the WRAC, Inspeeted the contingent. Brig: Coulshed is on an extensive viält to WRAC units oversens. (Rosa Miller)

their

information given in

London, Feb. 12. Reports reaching here. sald

up in thut deep snow-drifts held road and rail traffte In many ports of Western Europe today,

of snow Heavy falls

were

an

the construction of the statute as to whether it was a defence for | definitely that he was of the opinion again reported in Austria. The

not death roil rose today to 20. him to show that he did that the various standard books, assisted in Innsbruck, which narrowly know the wet was unlawful.

That class of cases might be preparation by mester escaped last year, was again in mariners, were not reliable so far al

city has danger. The

up in a well-known been summed the waters of the Gulf of Tongking

Counsel. quoted) since more exposed are concerned. Persons who are best

previous case (which able to check the merits of these falls lore away a protective tree where a woman married again under the supposition that her text bocks are the people who put belt, Reuter. them into practice and then com.

previous husband WAN dead, pare them with realities in these

Although it had been held. in waters.

the past that although the act was done, that was the intention to marry again, it was done without the knowledge that it was unlawful.

"From the obviously honest tona of his evidence. I ask the Court accept that these books and other sources of Information are not self- able," said Mr Dennis.

SAFEST POLICY Couniet, said that the safest and most prudent polley to adopt was to tell from one point to the next and then adjust the position when the Master could get the next scrunts bearing. This was slural, com mansenea atillude to adopt.

Mr Dennis suggested that Capt. Dury was taken off his dead reckon. ing course by some abnormal, pet (of currents end. in fact. thera could be no other reasonable .ex- planation.

Imitation

Firearm Charge

the

To Wun, 39, unemployed, of 817b Sheung Yuen Ling village, Kowloon City, was charged be- fore Mr Horace Lo at Kowloon Court this morning with possession of an imitation fire- arm fit for an unlawful purpose. To, who was arrested on February 11, was remanded for

two days.

The embasses WATA INTELLIGENCE TEST BULUTION

Bocurate and had behaved

well.

very

Deen

Tie Master's fareilgh, Mr Dennis

sagt he thought the Court would

Agito, must be tempered by his ex-

pertence, not only hla

experi 我们将 JAMAster. mariner bul

more particularly his 'experience of these, waist.

Dennis then furned to the

unfortunate events of the morning

of December 30, and kald that he was trying to shift any of the

responsibility to the Junior Officer Chan Bin He thought he had given hta ovidence honestly, if not with clarity, but he was extremely hazy and inaccurate.

་་。' ་་

Counsel contended that if the Offeer had reported immediately the Master" after, sighting

for

black shadow about.me from the bridge, the Master: would not be facing the Court now, THIN, WAI really the crux, jof the case, “The Master had, in fact, been left fo fumble in, the, dark,

Dealing with the abandonment of the ship (to which reference, dis made earlier in this reparti Mr

Denole wald that, the engines, warn

The is scores can unty bary

and either

-0.

6-0

De found that the But les will or d 8-3 result is incompatible with the rest of the data The com Qadition Labla ig:

A

B

2.

šenom Jason beat. Alar ey

saints to

London Express, Sermion,

It had also been said that there was a further class of cases in which one had no intention of doing the act or omitting.

to do it.

In ble submission the charge under which his clients had

been convicted, if it did not foll within the second class, the then it must fall within third class, Counsel said.

The third class of caGER, WAS where, one did not even know. that one was doing, or omitting to do an act. It was not a question of whether it was law- ful OF unlawful In other words one had ' no, Intention of doing the act or omitting to do the art which was prohibited.

COUNSEL'S ́ARGUMENT

In answer to his Lordship, Counsel said that he was going to say that this prohibition im- 'CHECK' YOUR KNOWLEDGE parted a necessity of knowledge. That where on offence was

Answers In North Transvaal. 2. An charged under this section of instrument for measuring the the Ordinance it was not neces speed of rotation of shafts and sarfly essential for the Crown maching elements. 3. A glass jer tu pot out in the charge that it

SIDE GLANCES

By Galbraith

ཅན

T. SE RED, U. 8. PAT, OFF

RÓNK 194) MY BEA SERVICE,

such as wives running out to bridge partios?!!!

to posted. Inside and out that it was done laiowingly, but that "Why don't you fellows take a poll on something Important may be changed with electricity having shown that the event invented in Leyden, Helland: 4 had taken place, that there was Edmund Halley, English astrono- an Importation, the Crown was out of action and nobody hait réolien, mer, 8, Soma course of action entitled to say that the mere to the BOS elenals moept Radio) which is adopted as better than fact that the cargo was Im- Hongrong and Formion. There was nothing, or as a fast resource, ported showed that ths' person no reply from - the neighbouring:

·G: Mitiet Trench coast.

bred charred knew, and then it was

Printed and published by WILLIAM ALICE GENIAME LIE. and on behalf of South China Morning Post, Limited at 1-3. Wyndham Street, City of Victoria, in the Colony of HongKODE. O