1953-08-12 — Page 10

JOHN HASTIE & CO., LTD. Ships Steering Gear,

ENGINEERING EQUIPMENT CO.,LTD. B.K. & Skangkal Bank Bldg, Tel: 277ED

CHINA MAIL

Established 1845

WEDNESDAY, AUGUST 12, 1953.

SIDE GLANCES

By Galbraith

Poser For American SID

Repatriation Officers

Panmunjom, Ang 11.

Two North Korean returnees refused to leave the truck at the Communist reception centre at Panmunjom today.

When the truck reaches the centre and the prisoners' names were called out the two men remained in the truck and said they did not want to be repatriated. The un- expected event put American officers who had charge of the repatriation in à dilemma and they did not find them- selves able to net.

17 GOVT OFFICIALS ARRESTED

Srinagar, Aug. 11. Seventeen senior officials of

A Communist. official boarderl the truck and after a convention [with thò prisoners they followed

him out.

Although the United Nations Command had successfully en- forced that voluntary repatriation be included in the terms of the armistice agreement, a situntion such as this had not been countes with. The two prisoners had almoody arrived at the Communis: reception centre when they ex- pressed their unwillingness to be repatriated.

the Kashmir Government have Therefore American efflers did been arrested in the two days not And it possible to net. They since Bakshi Ghulam Moham-were not only taken by surprite med was appointed Premier, by the unexpected event.

Ther

also felt themselves acting One official, R. C. Raina, authority to take action, which Private Secretary to the dis-might have led to serious com- missed

Premier, Sheikh plications for the repatriation Abdullah, has been released. programme.-Reuter,

Two other ofcials, the venue. Commissioner and

Ke- the

Director of Food Control,

It-

The Boltshi Government has ordered a grant of 1,000 rupees a

BACKS WARNING

London, Aug. 11. signed from their posts today. Britain will back the warning

by Mr John Foster Dulles American Secretary of State, that reciprocal measures might he necessary if the Communists refused to return some Unileti Nations prisoners in North Korea, diplomatie quarters said today.

month to the wives of Abdullah and Afzal Beg, who were arrested at the week-endi

The wives were also granted free occupation of the finished houses in which they are TOT lving.

Premier Balushi today addressed over 200 workers, while thou

The United Nations Command would have to tecide whether the Communists were in fact sands of large sized posters is withholding prisoners in vioin- Urdu detailing the new economiction of the armistice agreement, policies ronounced by Bakshi at these quarters said.

he week-end were being distri-

The armistice provided for the buted

direct repatriation within 00 A reduction in the price of days of all prisoners who were paddy by one rupte for 12 b. willing to be returned. In the was announbed today-Harter. British view this supersedes the article of the Geneva con- vention

Terrorists Surrender

the area throughout the pasi four years and has given area one of the blackest days In

Malaya.

the

terrorists

Sat. 1989 by NĽA Barins, ka T, M, Tag, 14 G. Pie, OH,

5-b

"No letter from Koron again today, Mrs. Benson! Why don't all you ladies on the street complain to Congress- about the mail service?"

Police Inspector Charged With Careless Driving

The case against Inspector T. Ross of the Hongkong Police, charged with careless driving, opened before Mr Thomas Tam at Central this morning.

Ross is represented by Mr P. J. Griffiths.

the When asked if it was violent brakes of the car that had thrown her forward she replied in the affirmative,

Sheaffers

THE WORLD'S BEST!

Crown Loses Appeal Against

Magistrate's Decision

NAVAL OFFICER

Forged Race Ticket

Charge

this

Heuring, started morning before Mr Lawrence Leong at Cen- tral of the case against Chul Loi-so, A 43-year-old ac- countant of 201, Sai Yeung

UNAUTHORISED TO Choi Street, ground floor,

SEIZE UNLICENSED JUNK

Holding that the naval officer who seized an unlicensed motor junk, On Lee, was not authorised to act under the Importation and Exportation Ordinance, the Puisne Judge, Mr Justice C. W. Reece in a written judgment upheld the Magist rate's decision in dismissing a case against Cheung So, the master of the junk, for attempted export of specified articles in the Appeal Court this morning.

Cheung So was charged with attempting to export prohibited specified articles, namely, 25 steel plates and 30 bales of rubber, on board his junk off Capshuimun on March 3, 1953, without an export licence. The case was dismissed by Mr H. H. B. How following submissions by Mr Peter Mo, Counsel for Cheung,

charged with uttering a forged race ticket with in-. tent to defraud the Hong- kong Jockey Club on April

18.

The defendant, who is repre- sented by Mr M. A. da Silva, la alleged to have tendered i Tole win ticket for the last race The un April 18 of this year.

ticket, on examination by the

cashier, was found to be a forgery as the defendant had allegedly crused one of the figures denoting the wanlug pony,

Del. Sub-Insp. G. Fergus is for the Prosecution.

In his outline of the case,

said Insp. Fergus

that the ¡defendant produced a winning ticket on the No. horse in the On Monday the Crown ap-|mitted for the opinion of the and Exportation Ordinance la an pealed against the Magistrate's Court are:

altempt to clrcumvent the re. last race of the day at a paying

window in the Jockey Club. determination as being erroneous (a) whether that part of the quirements of that Ordinance

The shroff became suspicious in point of law. Mr G. R. appropriate law contained in which specially provides that Sneath. Crown Counsel, Section 30 of the Merchant shall be

on examining the tickel, and told Inwful pointed out that under section Shipping Ordinance 1880 applies oflcer authorised by the

inr any the xefendant that he thought ID -

FUS" was a forgery, and would check 14(1) of the Importation and only to felonies or misdemean-tor in writing in that behalf

superior before paying Exportation Ordinance

with his sur any ours against the sal

the sald Merchant either generally ar for a par- the accused.

or to any who committed or. at- Shipping Ordinance person

ticular occasion to acize...any The shroff's suspicions were

which tempted to commit

vossel in

such officer confirmed by his superior, but the Ordinar fence felonies or misdemeanours against

bo shall

(b) whether

police finds any article which he has when he turned back to the win- guilty

covers contained in Section 30 reasonable cause to suspect any dow, the defenstant had misdemeanour, powers

gone. therefore it was contended that of the Merchant Shipping or person to be... exporting or al-The alama was ruled

1809, 1

for the effectual tempting to export contrary to defendit was caught as the fur in question) had authority to

enactment.

end of the Members' Enclosure.

In enter upon and arrest the ship. felonies or misdemeanours were

conclusion, Insp. Fergus contended that Lt sold that the ticket was genuine, Mr Peter Mo, who again op- such as to allow without prior

authority in writing peared

and Cheung So, said that the and Director of Commerce from the MaNally enjoyed, by virtue of the but had originally been the

In Importation

Exportation No. 12 horso Instead of the win- the arrest dustry ing of the vessel by the naval wherein the commission or at an Inspector of Police and in a

rest of a vessel Ordinance, the powers vested in ning No. 2 horse. Something had been done to the slip of officer was not ultra vires, but submitted that Lt McNally had tempted commission of offence Immigration Control Officer by paper to remove the figure "1", no authority for its arrest.

Importation and regulation 3 of the Emergency

П

the

Lt McNally (the naval officer dimanton or detection of any any chac

M

for the

against the

to

NO AUTHORISATION

#

not

Mr Justice Recre's judgment Exportalion Ordinance (Cap.50) (Royal Navy) Police Powers Re- read in part:

was suspected, notwithstanding gulations, 1849, for it is admitted This is an appeal by way of a said Importation

the provisions of S.D (1) of the that Lt McNally had no author-

and Exporta-zation from the Director of Com case stated against the deelslono of Mr Magistrate How who, on'

merce and Industry as required tion Ordinance." May 19, 1953, dismissed a cont

As before the learned Magis- by the section 8 of the said Im- plaint lodged by

trate, so

so before this Court it portation and Exportation Ordin- J.S. Insp. Howarth

against Cheung So was contended that Lt McNally ance. Moreover, this Order does not confer any powers upon an In making the Inspector of Police and an Im under Regulation 3 of the Ex was justified portation

the powers (Prohibition) (Speci-arrest pursuant

It conifera certain powers on & She had been surprised to see

Bed Articles) Regulations, 1052, conferred by regulation 3 of the migration Control Officer as such,

Emergency (Royal Naval) Police public officer authorised in writ respond- men there at that ume of night charging for that the

did on March 3,

1953, Powers

ing by the Director of Commerce she went on in response to

23.50 hours

and Exporta- and Infustry. further

board by Mr Grifat questioning nths, and said that of the men

unlicensed motor

There can be no doubt that Junk "Ontion Ordinance has not been who had been crouching down,

Leg

OT Capshulmun in the gazetted as being included with 14 McNally clearly, acted ultra two had worn white Singlets, waters of this Colony, attempt to in the meaning of the expression vires the Importation and Ex- while another who had jumped export prohibited specified ar "appropriate law.

portation Ordinatice, and re- car had hit and overturned the out of the line of the car, hind ticles, viz-25 steel plates and 30er the appropriate law with Ordinance cannot, so it seems to The powers of the police un colese to the Merchant Shipping burrow, and hit and Injured worn some black clothing. The bales of rubber without an ex- four of the

working coolles accident had appeared to hop-port licence Issued by the Direc-which we are here concerned, me, sivage his position. The Two of the coolles had jumped pen very quickly.

tor of Commerce and Industry. are set out in Section 30 of the charge out of the way.

She could not say that her The first witness was Mrs M. distance

Outlining the prosecution case, Chief Inspector W. Eggleston said that a little after midnight 011 July 24 while driving of war, on prisoners

Bay which provides that prisoners vehicle along Causeway "against

ings Road and proceedings whom

near the Iwo Street junction Ross collided with offence are an indictable

coolles engaged in detained until pending may be

gang of six cleaning out the grooves of the the end of such proceedings and

tram tracks. The coolles had, if necessary until the completion

at that time a wheelbarrow of the punishment."

between them. Inspetor

for

The

But

Strike Wave

In Indonesia

·

The surrendering brought rifles, ammunition and Sten gun with them to the police headquarters.

Meanwhile, it was rellably re- that the police ported

and security forces are working out

Singapore, Aug, 12. A wave of strikes is sweep- a secret plan to lure the rest of the terrorist

gang into surren- ing Indonesia following the dering.

Four of Tuesday's sur- appointment of the Republic's rendered terrorists have return new Cabinet, press reports from exi to the jungle to seek out|Djakarta sald today. their former comrades, it was Most of the recent labour reported.

trouble has been along the

of Sumatre, coast ever the past principal estate area. Since the year as the food shortage arising appointment of the Sastroamia- from strict security force re-fojo Cabinet, the following gulations has increased.

ctrikes have taken place:

the

for

the

"Yes,"

window"

was n

at

art,

on

Regulations, 1940,

pursion 4 of

کو

Hearing in continuing.

Mail Notices

and

The latest. Mlines of posting shown below are those for un- registered correspondenca posted IL G.2.0., Hongkong. The latest posting times elsewhers which, in general, aro earlier than the 0.2.0, times, can be ascertained by enquiry at the local ones.

"The latest posing times for registered articles are generally one hour earlier than the times ...abówn.......batow................ Particulars........ re- garding parcel malls can be *** certained by enquiry at any post calce.

WEDNESDAY, AUGUST 19

By Alt Malaya, Indonesia, Australia, New Zealand. Coylon, 0 pm. BOACI

Japan. 0 Pakistan

BOAC Buma, India

Justifying the act of seizure by Ordinansant to act under that st, Afrion, Great Britai

ours.

rest the ship.

any

veiled him with,

ed

power

It in-

ap-

the police powers con-

in Section

Mikidio

and

Extrape. 4 p.m., BOACI

By Burfice Macao, am, 6 pm, as Loe Xong/

THURSDAY, AUGUST 19 Shing

By Al: Formosa, 1 p.m., via C.A.T. Philippines, Guam, Hawaii, UB‚„A.. San Francisco), 1.30 pm. P.A.A.

Philippines, North Borneo, é pie C.P.A

Slam, Malaya, Indonesia, Auritalia, New Zealand, India, Pakistan, Middle East Africa Grom Britairs and Europe. A pm. C.P.A/3.0.A.C.

Formosa, Okinawa, & pm., 8.K.AA N:W.AI

By Burface Alacao, 9 am, a pm, so Los Hong China, People's Republic, 11.30 am Slam, 2 p.m., Hydr. Philippines, Malaya, Ceylon, Adon, DELE Europa, 5 pm. Cyclope

PRIDAY, AUGUST 14.

By Alr Blam, Durine, 0a.m., via T.A.C, Indo-Chlas, France, French North

The convention, adds that the Singapore, Aug. 12.' names of prisoners detained in The second largest sur- this way shall be published.

United Nations Com- render of Communist ter-mand in Korea has continuous-

the against charge preferred THE EVIDENCE

Merchan! Shipping Ordinance, rorists took place in Johore, ly respected the Geneva Con-

respondent was laid under re 1899.

to the qulations maxic southeastern state of vention regulating the treat-

The evidence was fully re- Newbury who said that she was to the spate of "from here

UNACCEPTABLE viewed by the learned Magistrate, ment of prisoners

power although Malaya, on Tuesday when

wer conferred by The provision relied upon as the Importation and

Exportation sitting in the front seat on the very accurate one. There had and it will be sufficient for me to eight guerillas, including a many of the member countries, driver's left at the time of the ben

and Lt McNally WIS including Britain, have not

no traffic that she had state it shortly as follows:

Is the accident, section leader

She had

at McNally William and

provision not

not authorised two ratified it

into noticed on the same side of the Lieutenant of the Royal Navy,

John McNally, got

contained In sub-section (1). Ordinance,

dranke, whether he was a women, came out of the

Inspector the Convention

Ross' car little after rond at the time of the collision, was on March 3, 1953, on patrol viz, the power to enter for the publi La r

midnight at the Police jungles voluntarily to lay garded as laying down general Happy Valley.

Club, although she

not. Further Inspector Ross

would not deny duty in command of LM,S. 1044 effectual prevention of detection public officer or

more as that there could have down their arms.

have said, the Mer Tak rules which specifle agreements,

been. between Brothers Point

and of any felonies or misdemean chant Shipping Ordinance did had then driven the car in the They had overtaken two cara in Capahulmun when the "On Leo" The surrender l terrorists such as the Koresa Armistice

Lt direction of the Skyroom,

via

not, in my view, invest were members of the infamous signed on July 27, are not

Leighton Road. The car, she useway Bay Road just before come into sight. The vessel ca:- And it was pointed out that McNally with a power of seizure,

the accident. she added. She

and under section 14 (1) of the whatever other evo navigation lights ried said had not, in her opinion, bemid there could have been a car eventually stopped when fired Importation Muar gang which has terrorised bound to follow Reuter.

and Exportation speeding although she was not n

in front on the same side.

upon. L. McNally boarded her Ordinance

person who driver herself.

THE ANSWERS When

questoned about the with a party and stated that he commits or attempts to commit

My answers to the question of the Or position of the men on the road found approximately 30 bales of any offence against WHAT SHE SAW

law cubmitted by the learned guilty of after the collision; she said that rubber and 25 steel plates on dinance shall be When asked exactly what she the men were close to the front board the vessel Li McNally

misdemeanour. therefore it is

Magistrate

Die are, therefore (a) the power of enforcing had seen at the time of the [of the car, one of them being seized the vessel, and took her in contended that Lt McNally had

Jaw contained Tak shing." the appropriate about two feet collision, she said she remem-

tow, bus she canis on her way to authority to enter upon and ar- away.

in Section 30 the

of Merchant bered seeing the men just in The Prosecuting Omeer then Capshuknum.

Lt McNally stated in evidence In front of the car" When asked asked tho witness;

my opinion the argument Shipping Ordinance, 1890, vestan vis Camion

3 of the by regulation how

had far away the men

"You overtook two cars, you that he had no personal authority cannot be accepted. In the first Emergency (Royal Navy) Police Biddle East, Great Basalt been. she Bald it was about an say, on Causeway Bay Road be-from the Director of Commerce place, in my view, the power Em

and Industry to arrest the vessel. vested in the police under sub- Powers Regulations, 1949, as from the witness box to fore the accident?"

the second window across

Of the existence of the pro- section (1) of Section 30 of the plies only to felonies or mis- sald against the Court. This

finally Was

visions of paragraph (a) and Merchant Shipping Ordinance is demeanours de- The case will be resumed on

(3) of sub-section 1 of section confined solely to that of enter- Merchant Shipping Ordinance; and West Africa. 11 8.m., AU FRACT elded by the Magistrate, August 27 at Central Court

Formosa, Japan, Korea. U.8.A. and Counsel

of the Importation and Export- ing at all times into anti upon the Prosecuting 10 a.m. and

Cansis. 1 p.m.. CAT/C.P.A.L. alon Ordinance Lt McNally every ship....and the object or

Indo-Chine, France, French Northa Ofleer,

to be about 30 feet.

said he was aware, and that he purpose of the entry may be,

30 of the and West Africa, 6 p.m., Air Vietnam, There had been no traffic on

North Borneo. Australia, New Zea- Ordinance, decided to arrest the vessel as among others, to prevent or Merchant Shipping the same side of the road as

soon as he saw she had no detect felonies or misdemean- 1899, do not dispense with the land, p.m., ...

India, Siam, Burma. the car she was in, the witness

Britain & Europe, d There is no power of prior authority in writing of Africa, Great but

navigation lights burning. there. had been some coming from the opposite diret

further said, "I would have arrest given by sub-section (1). the Director of Commerce and P.m., B.O.A.C.

Formosa, Japan, ö niin.. TAC. arrested the vessel even if there A power of arrest is given Industry as required by Section tion. She was unable to say The captured and surrendered

had been no prohibited neticles under sub-section (2) and that 9(1) of the Importation and why the car had been driven bandits, all have reported that Sumatra, the Communist-con- on the tran tracks. She had Mr V. E. Davey, Head of the aboard on the grounds (1) no is a power to take into custody, Exportation Ordinance so as to the nearcity of food and the pro- spect of starvation in the jungle han demanded better wages and left of the trurit, and a little ternational Civil Aviation Or- light; (3) failing to stop," entry, all persona suspected of is the largest problem facing the social

commission. or attempted com nationalisa- before that he had seen a man ganisation arrived here last

made being concerned in such felony con of any vessel wherein the conditions.

statements the tion of North Sumatran oil and

I.K.T during

his as has been committed or about mission of any offence against guerillas today.--United Press.

and Signal routine visit evidence before the in the headlights jumping up Sunday for a

Pro- learned to be committed.

Summary: the said Ordinance was renson- gramma

0.01. Echoes sion of the land reform and away from the path of the through Southeast Aviation Magistrate, it seems clear to suspension of

In my view, section 30 of the

from the Theatre From Vienna; 120, abiy suspected,

BBC programme in East Sumatra car. She had been thrown for He will discusa Civil

Bandstand-and of the that Li McNally was Merchant Shipping Ordinance the Issue over which the last ward na the car braked. She matters following upon a second me

Grenadier Guards, Conductor, Major

(15CTB); any power to

E.J. HATE, M.B.E. hended by Premier, had noticed nothing

Southeast Asia meeting. During determined to arrest the veel does not confer special

not he had any seize the vessel. It gives a Wilopo, finally fell

about the barrow, and there his tour, Mr Davey will visit all whether or

sented by Margherita (8tudio);; 1,00 2. The Balawan branch of the appeared to be no perceptible member states of the ICAO.

legal justification doing power to enter and arrest all

Weather Report: B. Time, Signal World News and Nows Talk: (London Seamen's Union staged a wildent interval between hitting the

persons suspected of committing The learned Magistrate held a felony or misdemeanour within

Relay): 0.15, Leiter, from America by strike against the shipping line borrow and hiting the

Alistair Cooke (London Jelay RG- The heavy cruiser

that from the evidence before the mischief of the Ordinance.

Lontion, Aug. 11 corded); 8.50; Orchestra of the Work come for 1002 bonises, A similar striloo Then the car had stopped, and

him, Lt McNally was working It cannot, in my judgment, mean

Orch. Concertgebouw. Moscow Radio.. suggested to--The Balghamden has been going on in Djakarta Inspector Rosy Kad got out. She mand of Captain C.W. Green-

had seen three men on the rood,

to enforce not only the Mer- any felony or any misdemeanour night in an English-language Amsterdams Decial by Jack Hi ing, DSC, RN, arrived here this since the now Cabinet list was

Tenor) with Plano Accompaniment Once of Civil Aviation in Hong-chant Shipping Ordinance, 1090 whatsoever created by

Help; any | programmo that. Heltain should by Moys Ree from northern waters, announced.

And would the Importation

it break away from trade, with the Wednesday Theatre The Mystery 'did,

of the 'to me that the United States and "knit closer king. Ship", by Laneg Blown=" (Cap.

on the Revel The and started chalicing the wheed at this meeting.

after referring to the provisions of section 9 or the ties" with, the Soviet Union and Wrecker" by Robert Louis Stevenson.

and Lloyd Osbourne, (Part 2) marks. There were lights, in

of | Importation `·· It is hoped as a result of the provisions of Section 9(1) of Impo Charge, Hongkong, Commodore govemment rallway on August

meeting seronautical telecom-

and- Exportation China. the Importation and Exporta-Ordinance would be meaningless Radio, would "undermine the 100, One Night

Such a move, sald Moscow (BCTS 10.18, Ends aurom the AH. Thorold, OBE, DSC, RN. 24 for better wages.

to me In Java, 1,200 workers of the tury replied to a finst Prosccmunications in Southeast Asia tion Ordinance sot out above, nonsense. It appears was replied to by Goody car to factory at Bogor, *The salute

Lon query.

regions will be placed on a more stated that Lt McNally had no that the argument that section very foundation of the shackling and hir Orch. (wilt vocal); HMS Tamar.

such written authority effective basis. -

political depon-Weather Report: 11 adio News and 30 of the Merchant Shipping economic and

Reel London Reley); 111B, Goods -Also arriving today

south of Djakarta, have is, the Just

held that his action in seeking Omers named in fegulation 3 of flouter

Ordinance, 1600,

Invests the denco on the United States."-- nuht Muse,” God. Save: The Queens 27,500-ton American aircraft demanded higher wages and

to enforce the Importation

|11.30, Close Down, Carrier Boxer. The giant air representation of Indonesians in

and Exportation Ordinance Emergency (Royal Navy) Police. craft carrier is making her the plant's management. A rash

was ultra vires. : second viut, to Hongkong since of minor strike also has spotted

Industrial/agen- Darly 1950. She is commanded the Java by: Captain BE. Moore.

Communist surrenders have cast been increasing

British Cruiser In Port

mtaring harbour

at

10,30,

1. In the Modan area of North

Bald,

ICAO Official On Visit

ours.

Pakistan,

trolled estate labourers union soen the barrow, slightly on the Melbourne Fled Office of the In-Reence book; (2) no navigation conjointly with the power of justify the seizure and deten Radio Hongkong

Chinot,

3. Members of the Communlat- the of 11 controlled railway workers have guns to the Commodore-in-threatened n strike against the

United Press.

men

one allting, twe lying, one with

a

A his face covered in blood.

^

On August 17 he will attend meeting in Singapore to dis-

s radio communications.

Mr G.BR. Cannon, Senior

GO.

From these

course

for

little later a man had come up/kong will represent Hong |

5032. Ordinanca

Causeway Bay Road, Mire Now-

CROSS-EXAMINED

Me Grimiha, for the defence, the quelloned the witness. Counsel naked her whether the car had been driven at, a reasonable speed. She answer- (od yea

What's His Line ?it. Solution HABERDASHER

- London." Kenrées Barrios;

50)

of

other statute. If it

Moscow Radio's Lucky Variety Requests pr

Suggestion

(with Drob.)

Powers: Regulations, 1940, with Printed and published by WILLIAM ALICK GRIMILAM ZOT The questions of law which powers to seizo; a vessel for an and on behalf of South China Morning Post Limited at 1-3 the learned Mogiatesto has subs offence under the Importation Wyndham Street, City of Victoria, in the Colony of Hongkong.