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JOHN CLARKE'S CASEBOOK
Still Of The Night
CHINA MAIL
Wrongful Exclusion Of Evidence As Ground For Appeal
A complaint that the Prosecution's failure to I was in who was unrepresented at his trial was made by IT was late in the evening call two witnesses was detrimental to his client
ing down with seasonable savagery on the streets around King's Cross,
Except for Ja occasional
newspaper or post-office van
tearing with terrible urgency to-
wards the mainline stations, the streets were deserted and silent. Suddenly, in one, the quiet was shuttered by the crash of breaking glass.
A policeman hurried from the shadows where he had been
where shaltering, towards
the sound had come from. There bo found a full, gount man standing before il smashed piste-glass window. Just inside the window
u
Mr T. Shurlock (instructed by Mr P. L. Lam) in an appeal this morning brought by Yim Hung-po before the Full Court comprising Mr Justice Gould and Mr Justice Reece.
Yim appealed against, his conviction at the Criminal Sessions on May 27 of possession of arms and ammunition and control of explosive substances.
His Counsel argued that Itsons who had possession of the would be a miscarriage of jus-arms. The Prosecution did not ties to allow him to serve the put them into the witness box concurrent sentence of eight because they were not relled on years passed on. him by Mr to tell the truth, but they were Justice Scholes,
available for
the
Defence to Mr Shurlock said that the call. Had they spoken the truth grounds of appeal were: wrong in evidence they would have the case for ful exclusion of evidence by the certainly clinched Prosecution; misdirection by the the Prosecution. One of these triel Judge his failure to put men at that time was a constable ond both were subsequently the defence adequately,
demanding with 470U do that?" the police-jury; and that the verdict was charged with
against weight of evidence,
Jay the milk battle
Dact thut had
been thrown through it.
THAT'S RIGHT, HE SAID
“You
man asked.
"That's right," the gaunt man said. The policeman took his arms and led him off jo the police station.
Next morning the tail man, whose
Henry, was was shown into
the dock at the Clerkenwoll court.
nome
He pleaded guilty to wiifully doing £17 worth of damage to the window, and a police officer
to the
Mr Shurlock said that the chief witnesses for the Prosecution, an mah and two room boya of the Prince's Hotel all spoke of a cur- lain "iwo men?" other than the accused, who were present at 60 Hau Wong Road where the large arsenal of arma and explosives were found, and at the Prince's Hotel. The Prosecution made no atte ettamat to find out from the wit- went into the witness-box to nesten who the two men were or icil the story to Mr Blake what they were doing. These two Oilgers, QC, the magistrate, men were in the hold of the
"This
suffers man
from tuber-Police, as they were at a iden- culosis, sir. I believe ho was
tification parade and yet they were mot called or even tendered only discharged from hospital
days
In evidence, two
ago," the officer said. The The magistrate glanced 10- wards the gaoler, at this court a large, friendly man, who said:
He is known, dr. There was a case similar to this once before, and there is 12 conviction for larceny,"
APOLOGY IS RECORDED
to
Mn Blake Odgers turned
Henry and asked what he wanted to say.
"I'd like
"First," Henry said.
The learned clerk wrote down his words. When he lifted his pen, Henry went on: "I was discharged from hospital two days ago,-sir.
"I thought I'd go down to Margale and get some
season-
menaces.
NOT POLICE SFT
Mr Sneath said that the, sug- gestion that the appellant was a Police informer came
only when he spoke to the Court In
dock. the
The Prosecution knew perfectly well that he was not a Police spy.
There was ample evidence that the appellant was in possession of the arms, continued Crown Coun- sel He spent two nights there, January 2 and January 3, and ho himself made a statement as to what happened on the night of January 3. That night he was definitely there to guard the suit- cases while money was changing hands. Be had said he believed the suitcases to contain narcotics. Quoting an nuthority,
It was for the Jury to 'decide Shurlock submitted it was the whether they believed this; duty of the Prosecution in a whether he would not have criminal trial to call all male-checked what he was guarding | rial witnesses whether favour in view of the large amount of
SUBMISSIONS
Mr
able or not so that the jury money changing hands, could have before them all the material thei
facts. important when the accused
This
was more
was not defended. I the Pro-
Mr Shurlock sold it was his
CONTINUING OFFENCE
Established 1845
TUESDAY, AUGUST 18, 1953.
Rescued From Plane Crash
Sergeant Roy Speers, who was rescued from the US, aircraft which came down in the Atlantic recently, shakes hands with the master of the rescue ship, Man- chester Shipper, which picked him up after he had been ten hours afloat. The aircraft, an atom bomber, was on its way to England when it crashed in flames into. the Atlantic.-London Express.
Life Banishee Has
Sentence Increased
Sheaffers SNORKEL
THE APL CASE:
SECURITY
POINT SETTLED
No Merit In Man's Appeal
Security to be put up by the China Mutual Trading Co., Ltd (respondents) to the satisfaction" of the Registrar of the Supreme Court and A man who brought in, approved by the Court was finally settled before appeal against sentence of the Full Court this morning when hearing was imposed on him by a Magis two years imprisonment resumed of an application for a stay of execution trate for obtaining money of a judgment given against the American Presi-by false pretences, imper<«! dent Lines Ltd in favour of respondents in respect sonnting & Police officer and of a cargo alleged to be strategic materials destined failing to report for Polico supervision as required of for Communist China.
him, told Mr. Justice A. D. The original application was made three weeks ago Scholes, Acting Pulsno and two further adjournments were granted to enable the Judge, at the Appeal Court respondents to refer to the Registrar the security which this morning that he did the Court requested they should put up if the stay of nat like to "waste Hia execution was rescinded, and for the Registrar to report Lordship's time". back to the Court whether such security met with his satisfaction,
"I do not like to waste your time, and I am not going to - The Full Court this morning Registrar of an amount equal argue with the law," the prison- ordered that security in cash to the judgment debt and in-er, Cheung Chi-hung, declared. estimated at rouehly $497,000, to terest calculated at eight per| be paid to the Registrar, and said cent from date of judgment wanted to say was that he had Cheung stated that what bo the
of their brder was that until August 4 (estimated at never claimed he was a member effect execution would no stayed.
is directed to ask for Mr. Brook A. Barnacchi, in-
in-mentation of the undertaking structed by MONTE Wilkinson
Chen,
Mesura
the
course
•
longer be roughly $497,000), the Red Of the Police Force as alleged,
out to
In asking for a reduction of the
to support. pad Grist, appeared for the ap-from the National City Bank of father to he said he had an aged
York and, On receiving pellanta (the APL), and MrW AN
sum that, to pay that Perc
MrD, N. E. Res, Crowe Coun Instructed
by the respondente"
Insel, told the Court that the solicitors, arki Lau, Chan
Ko. cluding costs of the trial in the appellant had several provicus represented respondents. Court of First Instance and in-convictions, involving offences of The application for a stay terest. He added that the effect obtaining money by falsa pre- plication by the APL for leave of the order was that executiory tences, a breach of deportation would no longer be stayed. order, larceny, alding and abot- to appeal to the Privy Council.
Mr Chen gave
the Court anting the Impersonations of a The Full Court granted
leave
undertaking to take no action Police officer, arut prétending to on July 29, but held over its
in respect of the goods until be a public servant. decision in regard to the stay
of implementation the under- of execution.
On January 31 last, the Chier (taking. Justice
awarded the sum of $404,000 and costs to the China Mutual Trading Co., Ltd, of 13-27 Ice House Street The judgment was in respect of the continet price of the goods con- cerned together with
agreed damages of $224,419. The goods
дл
to
Firm Stand
In diamissing the appeal, His Lordthip said he found no merit in the case to warrant the re- duciion of the two-year sentence.
By Laniel Radio Hongkong
G, Time Signal and Pro- tramnfe Summary; 0,00, Melody
The Government has fixed with the Start: 630 Twilight Har
"First Donald
its definite line of conduct mony-Favourite Waltzes by Mar- There will be no more talks Lovani and his Orch; 7
presented by who have
not Hearings
Brooks (Studio); 7.30. 14 Demi- There will fleure Francaise (Studio): 7.00, Signal
with
those
returned to work. only be a vast national effert Weather Reporti to ensure at all costs the main-World News and New Talk (Lon tenance of the essential services a Relay): 6.16, Cricket Bih Test Match. England v. Australia, Ball by Ball Commentary on the 3rd of the state.
day's play at the Oval (Halay from Broadcasting CommİD= "Our country has need of all Australian its force and all its prestige indon: 8.30. Forces Favourites (Lon-
world. This prestige will depend to Ryan, B. 1. (Studioff 9:30, Jacke
the
I
don Relay); 9. Musicnt Notebook presented by the Hey, Father
peng and
Ericket. 5th
Test Match.
and
comprised 50 drums of sulfa- (Continued from Pake 1) quabidine, Ave fibre' drums of will give the back-to-work H.K.T. sulphadfazine USP, and 16 drums order tonight." of sulphodiazine DSP powder,
The APL subsequently brought appeal before the Full Court Replying to the Court's com-
Me Justice T. J. Gould comprising A life banishee, Yip Sun, who had been given (Acting Chief Justice) and Mr to apologise to the gentleman secution did not do so then it ment that while the charge ac- whose window I broke. I'd like
was the duty of the triui Judge cused the appellunt of being in six months by Mr Hin-shing Lo at Central for breach Justice C. W. Reces (Pulsne to make that stalement, sir.” He to call them as he was entitled possession on the sin of a deportation order, and who appealed against the Judge), who upheld the decision
to ir wished
to be in 2" it would seem there was he sougdel as though he
considered
If he sufficient evidence to show he sentence, was asked by Mr Justice A. D. Scholes at the reached by the Chief Justice. the interests of justice, his apology
The 'strñó Full Court sat to be properly did not call these witnesses he was in possession on that day. Appeal Court this morning if he wished to abandon his hear the application for leave to recorded.
should in his summing-up refer although there might be more appeal or carry on with it.
appeal to the Privy Cornell and evidence of possession on the it and tell the jury that there
"In this case," His Lordship warned the prisoner, "I for the extension of the star of พกพ
execrition. a reasonable presumptlen next day. Mr Sneath submitted
that possession was a continuing shall consider increasing the sentence." that the side withholding mate-
WRITTEN REPORT offence. There were two men rial evidence tid so because it
When hearing resumed this a large extent on your actions tobba A programme of Reminis After saying_that_ho_wished was that he intended to bring charged joints, he said. The was unfavourable.
Arst accused, the principal to carry on with the appeal, Yip his furniture and property to moming, the Registrar (Mr tomorrow morning. Your cule produced by John Bridges, and Jer
sciences will supply the answer. Burroughs (BBCTS) 10, submission that the two missing ant, was alleged to have the Police that he would be de- down. He asked for a reduction letter which he said he had re-
had said that he
was Art told by Macao, where he hoped to settle C. P. d'Almuda) handed to the tell you the honour of the and Landauer on two Pianos; 1040,
Court a written control of the arms
rms in
report of a Republic in at stake and on that v. Australia. his own withcca were material
Bail by Ball fat on January 2 when
he slay.. ported for 10 years only, and of the sentence, and said he
can mentary on the 3rd day'a govcrument
play si ceived yesterday afternoon from Issue they were on the premises for સ there and
second pe- that it was only recently that he wanted to "turn over a the
(Raky
A.B.C 10.30, At the Ballet--- Puneri and purpose connected!nsed, the appellent, came into learnt he had been deported for loat".. Besides, he added, ho/Messrs Lau, Chan and Ko. He compromise."
Earlier, the Prime Minister the Child" (Arnell).. added that he had supplied
„The Royal on the second night life. possession
had his parents ant a family to copies to both parties and that said that when it came to satis-Philharmonie orch be that if the jury heard their when the principal tenant and
asited for support.
Weather Darcham; 1059, prisoner evidence they would have come his wife were in the Hotel.
fying the claims of the workers Report, 11, Radio News Reel report spoke for itself. In dismissing the appeal, His
After perusing the report, Mr he wanted to be able to do so don Firlay); 11.15, Cricoot 4th Test to a different verdiet.
Mr Sheath said that it was
Match, England v. Australia. Mr Justice Scholes told Vip Honour pointed out that the ap- Justice Gould remarked that in sound money. Referring again
more difficult to support the
pellant hod
six previous con-
by Ball Commentary that be had a long list of previctions, involving the offences seemed reasonable to the Court. you prepared to write me to God
the suggested arrangement "Am I wrong?" he said. "Ane day's play at the Oval (Relay from evidence of the amah, Mr Shur- charge of control of explosives. vidus convictions, lock sakt she had told the Court He submitted that the sentence housebreaking, unlawful postes society, larceny from the per-
Involving
of membership in an unlawful Mr Bernacchi suld it did not that effect? I am sure you are 1.45, Close Down. that
the appellant was a (eight years, concurrent) on that
Msion and larceny.
to take The position Oppoar
not. I ask you all to visitor to the flat. The Prosecu-charge should
not have
son, breach of an expulsion much further than it was you smash the window tion had to accept her evidence in given
He increased the sentence from order, and a further breach of a
come fully aware of the destiny W29 the some
week ago. As far as he could of your country and for every- locked up?" the toto or not at all. The appellant criminal act. As the same six months to one year, saying deportation order. magistrate naked,
the arrangement was nat mincing might well have visited the criminal act amounted to two that in his opinion the sentence
personal responsibility matters.
suggestion that the APL shouldy to act with a full sense of affences, there should be two imposed by the Magistrate was premises for an unlawful pur- Henry considered the question pose, but a visitor could hardly convictions, but only one
a light. one, in view of the
pay the
this connection.”—Reuter, judgment debt over for a moment. "I don't think so, be said to be in possession and tence.
clrcumstances.
to respondents on their under- sir no. I don't think that was control of articles found under
In- Hearing is proceeding. It" he said. "I was just walk-another man's bed.
able job. I got as far as Maid-
stone, and I was ill there, and
an ambulance came
ine to the hospital.
and took
vacancy
"They hadn't got a there, and an I wasn't too bad, I thought I'd better get back to London. I came back here, sir, and I was looking for digs and ... I've had black-outs before
and
BUT DID YOU?
Do get
ing along slowly, that's the last
I remember properly.
"I was looking for digs,
next
bottle off.
then
the
thing I'd thrown
"His words' talled
The officer in charge of the witness-
case atepped into the box again to explain that Henry, for some reason, his fractious- ness, perhaps, was non persona grata with several hospitals.
HE WAS UNSURE "AVE you anywhere to go, the magistrate Bald.
"H HOW?"
asked Henry,
Yes, I've n sister," he Sire could put me up". But he sounded unsure,
The magistrate talked to his clerk for a moment, then he Bald to Henry: "I shall remand you for a medical report."
*Thank
you, sir, thank you," Henry said. He seemed to say it a third time, but the gaoler gently led him away. Soon he would be back in the
bands. Doctors
doctors'
about.
definito with the
and
case. It raight well
the
the
Mr. Shurlock said that
of the appellant co-accused was the principal tenant of the flot and kept all his belongings under his bed in the cubicle. The bed as well Ds the suit- cuses were his personal effects and the appellant could not be said to have control over them. THE SUMMING-UP
Counsel
Lo referred Judge's summing-up und
the dis. agreed that knowledge conferred pas possession. It did
not matter whether the appellant knew What was in the suitcases, he argued, submitting that the ap-
pellant at no time wns in d position to exercize control over the articles ΠΟΣ wero the articles in his custody at tony
time.
for it
Notices
been.
fen-
The latest times of posting shown below are those for un- registered correspondance posted at G.P.O., Hongkong. The "istert posting times clawwhere, which, in general, ata earlier than the G.F.O. times, can be ascertained by enquiry at the local olles.
"The latest posting times for registered articles are generally one hour earlier than the times stown, balow, Particulars re- garding paresl mails can be mi- certained by enquity at any post okica.
TUESDAY, August 18 By Ale Indo-China, France, French North
Vlodian,
Japan, Formos, 6 pm., TA.C.
BY BUTTACO
The appellant in his defence had indicated he was a Police informer, continued Counsel. If and West Atrice, & pm. via Alr appellant had been legally re- presented at his trial, his De- would have cross- had fence Counsel wo
source of Information. In the examined the Police as to their Tak Bhing
tried to help him before. Per
Tho leniency.
ANOTHER APPEAL Another life deportee, Chan Shing, who appealed against a similar sentence, claimed that after his arrival in Chinese territory after his deportation, he was imprisoned by the Com- munist authorities for about two
after months,
which he was allowed to return to the Colony.
The appellant said further that the reason for his return
Receives Coronation
Medal
:
new
the
CONDUCTOR taking to pay a similar sum
ASSAULTS
As Counsel
ago,
PASSENGER Court should be
for obvious
a week
reasons
of
same
to Court. It really did not ap- pear to Counsel to matter who paid the sum of money into Court. The second proposal
left therm
very much in the air.
remarked
the ihe anal arbiter on this question security, and Counsel asked the A bus-conductor on the Court to follow. the No. 13 Kowloon Motor Bus principle as adopted last week. route, who followed a pas- If any steps were taken to sub- atilute the form of security in off his bus senger
on Court other than cash, Counsel August 6 and -ħaving re asked that this should be sub- moved his money-bag, pro-mitted to the Registrar for and for him to oceded to beat him up for consideration treading on his toe carlier make his report to the Court, in the journey, was fined which could then be moved to
the security or other $100 by Mr K. Y. Yung at Kowloon this morning.
trer
this
Το the proposal for payment. into Court, Mr Bernacchi said Young Chiu, the 28-year-old appellants had no objection. As Mr E. M. Norman, a popular defendant, pleaded guilty to a for the proposal to substitute, Chief Offloor of the Indo-China charge of assaulting Woodman he asked the Court to say there Steam Navigation Co., Ltd., re- Lo, and occasioning him actuat could be liberty to substitute in
a form ceived the Coronation Medal, bodily harm,
approved by the Regis and confirmed by Macao, 9 a.m., 6 pm, a Lee Hong! It was learned this morning. He
Court WEDNESDAY, AUGUST 19 in at present on leave in the
"THE DEST COURSE By Alt
United Kingdom, but 70- Indo-China (Tonkin only), am. turning to Hongkong
Mr Justice Gould remarked Inter in It was the duty of the Prosecu- Vin CFA.
he could see no objection, ex- in order to lay all the facte cards, 8 amp. P.A.L.
Philippines Guam Hawaii, USA, the your
cept that further costs might Mi Norman served hile, ap-ger. before the jury, to ask the Indo-China, Malaya, Indonesia, Aus-
possibly be incurred. Ho thought Police to divulge the source of
Iraila, New Zealand, 8 a.m., CPA prenticeship with Alfred Hol
the best course would be to give their information, but the Pro- 11 pm, C.AT/C,P.A.L
Forno, Japan, U.9.A., Canada, and Company, with which, firm
he continued as a junior officer on the afternoon of August 6, leave to apply and for sub- secution did not do so.
haps this time he would absence of a Defence Counsel,
them,
Fourth Railway Accident
* Glasgow, Aug, 17. A driver and tile-firetocus were
tion,
ther
Pakistan, Duroye, & p.m.. B.O.A.C...
By Burface
is
The Magistrate said that it was very unusual for a bus conductor to assault a passen-
The Police told the Court that
berk
subject to the
Replying to the submissions, B&B...commissioned in the RN in bus at the top near St Teresa's
" Ceylon Australo, New for a number of years. He was complainant bearded a No. 13 by the Registrar bubo d of Mr Shurlock, Crown Counsel, Burma, India,
· Middle | 1939, 1 and served throughout Mr G. R. Sneath, said that East Africa, Great Britain
and the war, ending with the rank Church. The bus lurched approval of the Court In Chame originally four men were com-uny
of Lout-Commander. He also he got on and ho accidentally His Lordship
of Mr enquired mitted for trial on the two Macao, a.m.. 6 p.m., as Lee won the DSC and a Reserve trod on defendant's toe A Chen when he could put up the
alHook thing, subsequently
Cash security.
Mr Chers sold Chine, People's Republic, 0,30 1,
Coming to Hongkong in: 1947 / hosted dispute over the incidens that could be done in 24 hours. nolle prosequi was filled against
train via Canton, two of them, and It was firmly
Burma, India,
Mr Justice Gould then made there two_men Bade. believed that wore taking part in the maiter: as blackmailers rather than pers
injured In Glasgow today in the fourth crash on Britain's manton alfood rollways in three days.
The two men were on thunting charges, but operations when their locomotive - hft: another' engine and -- over- iament. They went awayed by scalding atoms te they crawled to safsky ---Ieuter,
Decoration.
continued UR
complainnet
10 4.m. Choy he transferred to the Indo alighted from the bus on Nathan the order that upon security
Chinn Steam · Navigation Co.
Tormoss, 1 pm, as Shengkir. Indo-China,,1 p.m. Angelina Stamm, 1 ditt, de Eastern. Venture,
по
bo-
the Oval
cond
Thomas
on
Save
The
What's His Lina?' Solution
- STEREOTYPÈR
In
London Express Survies.
SIDE GLANCES
$
By Galbraith
"Dad, you won't tall Ann I caddy at the country club, will you? Bomehow she got the idea big shots say hello'to ma because I'm one of them!”...;
Printed and published by WILLIAMI · ÁLICK. GRINITAM. FOR Ltd., mod was promoted to Road and was awaited by being given by respondents by and on behalf of South China Morning Post Limited, at 1-3 Chief Officer, in 1949.
way of payment in coma to the Wyndham Street, City of Victoria, in the Colony of Hongkon
defendant.
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