1953-10-09 — Page 10

WHITEHEAD & CO.,

LTD.

WOODWORKING MACHINERY.

ENGINEERING EQUIPMENT CO., LTD, H.K. & Shanghai Bank Bldg. Tel. 27769

John Clarke takes his Casebook to a different kind of court

Sink? Sang? Or Sin?

Paround a

mayoral

chain.

jol

nawed

Compliments carefully pre- pared in advance wore punted man's neck, backward and forward and and he subtly changes in aeroplanes occasionally mature. Liberty and brevity through the air above the hall alike desert him. Add scar-to remind you of the part these let robes, gold lace and towns have played silver buckles und man behistory.

comes a very solemn animal

indeed.

in recent

TIMELESAT NOT QUITE

BUT mostly I

the

ย

However, It in nice to ree

le calour and when Barons cum Barone, the mayors and councillors of the Claque Ports met in the ancient Maison

Diet

at Dover for the first Brotherhooxi and of

and Guestling to be held for 18 years, there was colour in plenty, and the ladles of the worthles were quite put in the shade by their menfolk.

courts

The courts moned by

hod been sum- the Speaker, the

Mayor of Dover, A butcher whose name Reginald Snel- who signs Cinque grove but

Port documents with his Bur- home only, as

PECTE

their titles,

do

with

Fourteen towns were involved

Romney

'Deal, Tenterden.

and

made lo was think how old the English- man's delight in commitice work must be.

And to wonder whether, when the Barons and the rest first met, their wives consulted hour- glassen na constantly Ox the wives of these looked at

their wristlet watches.

The timeless ceremony ron 40 minutes past the hour for which luncheon had been ordered.

Man

Sues

Glen Line

In the ceremonies. The Cinque Ports of Dover, Hastings, Sand- wich,

Hythe; the

Singapore, Oct. 9. "antient" towns of Rye and Sidey Bernstein, a business Winchelsea; the *Simbs"

of executive, is suing the Glen Faversham, Folkestone, Margate, Line, Lid, claiming damages for breach of contract in that his Ramsgate, Lydd,

cabin was changed when he Joined the ship at Hongkong for Singapore.

A dispatch by the Straits Times' own correspondent in utaion said the Court was told

the action that

was brougal without any thought of

personal gain. Bernstein's counsel toid the Court his client bought a ticket for ore cabin and was transferred to another cabin.

TIGHT CLOSED SHOPF

THER towns, Eastbourne and Glingham, have iri recent year tried to join the company, members seem to but the 14

tight closed shop comprise # and the applications successful.

were

un-

seen

+

4

After a church service and a strangely silent procession on The Company's counsel said foot through bunting hung the maller was "most trivial". streets, the gully coloured com-

He claimed Bernstein was per- pany flied into the Maison Dieu. fectly satisfied with his cabin

"Excuse me, have you

and a purely different incident around his wrath" my mayoress, I've lost' her,"

An application for adjourn- woman sald anxiously to my

ment of the hearing, because neighbour

as we, in the body

Bernstein and

counsel, his of the hall, stood waiting for Geoffrey

BITRE

QC, MP, were the dignitaries to

their attending

the Labour Party places.

conference at Margate, resisted on behalf of the Glen

And

It must have been, very

сабу

to lose a mayoress, there were so many about that they were in- conspicuous.

MIDDLE ENGLISH?

Line.

.was

Holding that Bernstein musi have known he could not at- tend Court on that day, the Judge adjourned the case with

it in future and awarded the day's costs against Bernstein.- United Press.

VERY formal the first part of liberty to either party to restore

the proceedings were and so mumbled, some of them, that the language used might have been middle English.

contented

We to the crowd ourselves with remembering the

Navy-had-its origins in these Student's $1,000

Cinque Ports.

I passed the time as well by

noting the different

tions used by tho Cinque Ports.

pronuncia-

Barons for

Bail Estreated

CHINA MAIL

Established · 1845

FRIDAY, OCTOBER 9, 1953.

Sheaffer's

THE WORLD'S BEST!

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New Govt Ambulance Charges

Today's

Counsel Submits

There Is No Case

To Answer

At the resumption of the hearing of the case against James Joseph Osbourne King, merchant, of 20 Braga Circuit, who is charged with fraudulent conversion, before Mr Poon Yan-hoi at the Supreme Court building this morning, defendant's Counsel, Mr: M. A. da Silva, commenced his submission of no case to answer.

.

Mr Silva enumerated eight inferential factual ingredients arising from circum- stantial evidence as distinguished from facts provable by direct evidence, and said among these was that Arthur Holden (of Australia) had paid the sum of $6,305.94, which King was accused of having fraudulently converted, to the defendant as a secret com- mission.

"In this regard,” declared Mr Silva, “I will produce to you authorities, which will show that not only is a secret commission not a fraudulent conversion: it is specifically, set out in criminal law as an offence under the Prevention of Corruption Act in the sense of a bribe having been offered to King in his agent capacity as a director of Falconer's."

for

Defence.

Any

short,

the

it

King, shareholder of Fal-transaction was between Holden Holden. -I will qualify thla | have to go into Parish cas0 coner's,

to Is alleged have and Falconer's in the first in- point later when I come to deal law which has analysed fraudulently taken the sum of stance directly and that Holden with 11 in particular.

Section into several component "Point C. I shall in turn sum- parts or ingredients. Some of $6,305.04 for the use of his wife thereupon had paid to the de-

are not from the Company on November fendant a secret commission of markee this in the following sub- these ingredients 17, 1950, whilst a Director of $0,305.04. Or seventhly, that the divisions, Sub-division (a) that parent from the mere wording George Falconer Goxi Co. Ltd. relationship between the only there is an inference of fact from of the Section.

the evidence that the sun of "I say, Sir, with respect, End shareholder — The Hon. Leo d'Almada, QC; directors and Mr A. J. Clifford are both King. Ipekdjian and Seymour $4,303.04 was a reerol commission would have been the paramount it was permitted camed by the defendant hom all-important duty of anyone.... the Prosecution, instructed was such that

one of these three Holden, namely, that this was I just do not caro who he may by Hastings and Company. Mrt

with de- M. A, da Silva appears for the to finance any particular deal, the sixth inference previously be, whether he is,

use the name of Falconer's referred to,

ference, the Attorney-General for that deal yet treat it as a per- "My next sub-division to Point of England or of Hongkong, or. Before Mr Silve

commenced coal contract of the particular C Cis sub-division (b) that a this morning, Mr Clifford an Anancing

as in this case, the leader of tho director-sharchalder secret commission from Holden Hongkong Bar-acting 45 Pro- nounced that he did not intend who can then retain the profits cannot by its nature, become a secuting, Counsel and thereforò to re-examine Mr M. W. H. Søy- arising thereout without in draudulent conversion mder as minister of justice to ex- mour (a Director of Fulconer's) Gazetted

curring any civil liability to Section 32 of the Larceny Ondin-plain to this Court and to this any further.

necount to Falconer's for such ance of Falconer's property. In defendant, Jimmy King, that the Mr Silva then stated

the commission being tremmere wording of the section is his profis and therefore no address. He said "In order that

criminal liabelly. Or eighthly. Holden was Holden's property, just not enough for any layman, my subenistion may be as neatly that the retention Appointments

of $0.305.04 therefore I cannot be suit to her n for that matter, eny lawyer. catalogued as possible in your by the defendant was a reten-audulently converted Falconer's to understand what is the offence notes 1 I shall in due course make tion of Falconer's money, that propenty

of fraudulent conversien created BRIBE OFFERED ment Garette today that as from The Secretary of State for the half pars over to you: Worship Is to say, Falconer's property,

by the Sealion."

"It would have been tho November : cliage will be made | Colonies has approved of the land to my learned f:lends. I will and therefore this was a frau-

"In fact, in this regard, I will) for the use of Government fer appointment of M: P. G. F. Dalton set out in this submission chart dulent conversion

of Falconer's

cra produce to you authorities which paramount duty of Prosecuting property

Counsel to thow how the facts within the meaning of will cach point section

show that not only is a the trom September 17, announced the headings on

catalogued

32 of into, compartments or

the Lurreny secret commission not a fraud-at nantly and properly Into the Ordinance in the Government Gazette today.

this sense:

component parts of the offenco that sub-divisions departments and

ulent conversion:

speel-

Court can follow that thi From any part of the istand of

to simplify Falconer's entrusted the defenfically set out in criminal law Hongkong, Kowloon and the New Other appointments garetted wheralore in orde:

this dant with the sum of $15,000 tons Territories, mouth of the line join wore; Mr W. A. Blair-Kerr to be the cross roferense f:cm

an offence under the Fre the evidence Intelligently and Holden and Halden had vention of Corruption Act in the intelligibly, so that the de Canile Peak Road and the level a member of the Medical Boardsubmission chart to your Wor- pay

recalved $9,000 and had sense crowing nearest the 10% milestone for a team of three years, vice ship's notes of my submission, I only

of a bribe having been fendant in turn can follow that us intelligently ask your indulgence in marking not received $0,305.94 which offered on the Tal Fo Rood, to any hospital Mr D. B. Evans; Miss C. F. Iveson

to King in his agent same evidence or destination within that snea

therefore King had Kumm to be a Nursing Sister; Messrs my subenissions in your noles Last

capacity as a director of Fal-and as intelligibly, ($15).

H. H. B. How, T. Creedon, A. A. with headings, numbering and fraudulently From any part of the New Ter- Huggins and I. T. Morris to be lettering us I shall mention them keries north of the fuse joining the Permanent Magistrates; Mr W. J. to you from time to time. Read and the level crowing nearest Dyer to be a member of the the 10% milestone

Sciection on the T Po British Universities Road, to any hospital or destination Committee, vică. Mr D. McLellan.

the area' described above (#23).

It was also notified that Mr From any part of the New Terr!- tarles north of the Une loining the W. J. Gorman, Chief Omeer tenth milestone un the Castle Peak Fire Brigade, resumed his duties Read and the level crossing sæarest

W. October 3. Mr C. the 10% milestone on the Tal Pð Road to any hopital or destination Brand, who acted as Chief Firo

the crea (#19).

It was announced in the Govern-

under

bulance other the control of the Commissioner of to be Political Advises with effect Police, In accordance with following scales:

ing the tenth milestone on

the

teeth milestone on the Castle Penk

Additional charge for cross-harbour Fire Brigade:

journeys (810).

The Chief Omeer.

of

on

Officer during Mr. Gorman's ance to the Colony Inquished his acting appoint may in his direreton in any case, ment on the same date.

for the renit charges

use Government ambulances and will Mr S. C. Readhead ceased to normally do to in the following

be an Assistant Secretary For conveyance to hospital of per- the Urban Council as from Rons multerlig from an infectious dise case, as defined under the quarantine October 1. and Prevention of Disease Ordinance, Cap. 1st for the conveyance to

inade request of a

to

out a submission chart which

I

IN ANTICIPATION

This last inference

the

out a

REVEN

is n

23 D

reasonable or

arc

OF

13

coner's.

is

separate

the

UNWORTHY GESTURE

case for the Prosecution,

con

"The only other alternative

"I said carlier, and I say Inference which I anticipate the to a criminal offence for a secret

again, it was anunworthy. TWO-FOLD

refuse to open the "My submission to this Court Prosecution will urge this Court Commission would be a possible gesture to

criminal conspiracy (case for the Prosecution until is in the main two-fold. They to make and is the only inference charge of

against King and Holden.

this Court compelled an opening. "Sub-division (c): But clear it was still a are namely (1) what I will call of these eight upon which

more unworthy a secret gesture not to explain to this Department 1, which is that on prima acte case can be based, the evidence there is no case All the other inferences, from the ly on the authorities made out for

the Defence to Erst to the seventh, being in fact commission cannot constitute a Court and the defendant how.

of fraudulent answer and (2) what I will term and in low not guilty Inferences, crime of fraudulent conversion the offence

sub-division (i) under Section 32 of the Larceny version was made out and how The next Department 11, that in any event Assuming against the defendant Ordinance. this Court should exercise its that the eighth inference maken

"I would like to make this point clearly, and it is this: this offence on particular discretion, for the reasons which

or Inferences of fact, and shall advance and on

a prima facie case

In-Point A if I am correct, no case to refuse, as my learned friend.

distinct, authorities which I shall pro- probable

to answer, duce, at this stage of the case ference if all or any one of the and apart from the other two had done, authorities to

lies to explain inferences Juanita Sy, allas Sy Lee-dai, 25,

to refuse to proceed further with reasonable or probable, then the B, no case to answer, and in thejectionable So-and-So who uses

points. Alternatively on Point "Marcus Silva may be an ch student, of Manila, charged with

this charge, The

law is that when the majority

"Sink breach of a recognisance, had her used

ovidence "This is, Sir, what I call my

headine language ord Porta";

puta soid "Sano $1,000 ball estreated by Mr Hin-

circumstantial in nature the anal alternative on Foint C no They are answer two malu Departments Depart Court or the Jury cannot pick

on' Seymour, the "complainant, Portr' one said "Sin Ports," thing Lo at Central today when

and distinct depect the defensive as if he, Seymour, ment that there is no case to A loyal address to the Queen sho did not appear in court..

hospital of emergency claes for re in the appointments indicated in answer is in turn sub-divided and choose between these probe ments of my submission of no that de-

was on trial and drives his The Police revealed

a Court or was passed, a resolution of contendant arrived here some time Goverment medical officer. paranthesis: Mrs Ting Sul-chan, into three main parts or points able inferences as

Jeamed Irrepressible Irland. Mr to pick or gratulation to the Lord Warden, last month, and was notified to

Jury is entitled This notification does not apply to Almoner, (Principal Aimoner); which shall for simplicity call

WORST EXAMPLE

Clifford, into a re-examination Sir Winston Churchill, on re-

the use of Government ambulances Mr K. M. Almao, Assessor.

Point A, I shall choose between contesting facts A, B and C. by Government officers and members ceiving the KG, and pro-appear at the Immigration Offices

(Assistant

"Having catalogued the sub-ree ecamparable to the process Com- of their families, the use thereof by Grade

the in turn summarise into the direct evidence. aircraft on October 10, but she failed to adopt

"It I posal to

of Inland Revenue); following

may explain this in divisions I have set out, I will know as white-washing When

Auch person baing governed by the missioner she was absent

sub-divisions: (3)

Mazother

If there are now proceed to deal with De sepulchre but this is no Jusifs from Court this morning, her ball The 159 of covernment ambulances M5 R. H. J. Brooks, Divisional certain necessary factuat in several subsidiary ingredients partment I generally in the first featton for a minister of justice keep the law and esse was estreated, and a warrant was by Government pensioners and mem- Officer, Fire Brigade (Deputy gredients in this case are only

ing a fraudulent

under- In conversion, instance. order to hers of their families will be con- Chiet Omeer, Fire Brigade), issued for her arrest.

authorities up his sleeves in a provable by inference from clr-forming a

stand this part of my submission, criminal prosecullen, and to pro- cir-ata 1: 50 evidence as dis- where the evidence

to Chief Petty Officer (T.A/S In- daguished from facts provable unile inferences to be made authorities this time-

cumstantial and there are two have

reiterate, with duce Sir, at the end of the

I heard

case for the Prosecution as direct evidence; (i) these by

Clifford complain out from the same circumstantial Me

before the

are as follows:

few #

carrier Albion.

the

FINED-3, 4d

the

councillor was fined 3s. 40. for speaking out of turn. He paid up on the spol.

Winchelsea wanted the custody

as

THEN on matters more doines-

H. E. the Governor has re- tle, the atmosphere hotted up-to such an extent that a cognised De Giuliano Bertuccioli Vico-Consul for Italy nt

provisionally Hongkong, pending instructions from

Staté for The Secretary of of the Cinque Port records re- Colonies, and has accorded pro- considered; Romney which has visional recognition to Monsieur Consul for the custody of them, scented a Josef Kurman

Switzerland at Hongkong.

slur.

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terms of General

trolled in the same way as if they were Government servants and mem- bers of the family of Goverrunen! servants respectively.

and

the 1954 Holidays

Printed and published by WILLIAM ALICE - GRIMHAM for and on behalf of Bouth China Morning Post Limited at 1-3 Wyndham Street, City of Victoria, in the Colony of Hongkong

The following ceased to act

cumstantial

structor) W. Kelly, of themont

case to separate

Caso.

H. K. R. N. V.R., has been made interential factual ingredients evidence,, ope of which points historical development of the maglelan produsès a white rabbit

Acting Temporary Commission- ed Gunner (T.A/S), while Chief- Petty Officer Writer (Instructor) W. S. Taylor has been promoted In was notified in the Govern- to Acting Temporary Commis ment Gazette today that the stoned Writer Officer. following General and School Holidays will be observed during 1054:

General Holidays: every Sun- day; the first week-day in January Friday, January }; Chinese New Year's Day Wed- nesday, February 3; the first weck-day following Chinese New Year's Day Thursday, February

4; Good Friday Friday,

"Firstly, that

of

"It may be my, learned friend.

to guilt and the other to le statutory crime of fraudulent out of his hat and say 'Ah, sur the" Guim $6,305.94, the subject matter nocence, you cannot in law put conversion under Section 32 of prise, caught you, Jimmy King

theno

two probable inferences the Larceny Ordinance, As, a

authority to spring on the un- of the charge, was the money or in the scales and weighing them preamble to my summary of this has no surprise packet of cast property of Holden which he

historical development plek

I wil defcadunt to hold one way or the other my other repeat what I have previous case I shall humbly apologise in suspecting Defence, in which directed tha

this one and reject the in Hongkong for certain pur- That is distinguished

in this from ly stated

Court-

dua course for these dilicipated poses of Holden's own whether

that Section 32 of the Larceny remarks. In any event the re direct

cylden.co contesting Ordinance is the worst example suit is that I, for the Defence, am May I give you of all draftsmanship known to now left with the duty of ex Buick right-hand drive car or

A man is charged Or secondly, with murder

whole and

the somtoda

legislation

onplaining this offence to the Court Holden's

to buy luxury goods such:00 aration.

No Easter

Monday Holiday Next Year

this

*

viously

of

my tutor

clerk, obtained duty of Prosecuting Counsel to

and which I do so?lang and emphasise to The case in proceeding.

Hongkong is to lose its Easter King, and in this regarence / witness) who committed the ing This warning is necestory

Easter

was 'Holden's

murder."

It-

would then follow,

AS

Radio Hongkong

BK.T. /

>

Tums Simil and Pro-

with News,

and

by RoNITY

other purposes. this money was perty which he directed the comes niceg and say 'I saw him This, was the comment which when it should have been use defendant to use in payment of the accused) plunge a knife as an article

from into the deceased's back," but a debt which Holden had pre- the accused

in turn says I now repent owed 10 Margaret didn't do it, it was he (the this Court as a

respectful warti ard I. re- April 18; the day following Good Monday holiday, SAM

the extraordinary mind you; Sir, that the

because of Friday Saturday, April 17; the This is announced in today's was

that this money. went

1 position taken by my learned Birthday of Her Majesty the

NOT ENTITLED into the account of "Margaret

In friend *In the case of circumstantial efter dealing with the facts, he Queen Wednesday, April 21; Government Gazette which noti

his opening when, Or thirdly, Holden's Whit Saturday (in substitutions that the Governor in Cour-King.

contra tomy for Easter Monday) Saturday, June 5, 1984) as a general holl be paid to Margaret King, the probable inferences, you are not

day, cil has appointed Whit Saturday money was directed by him to evidence, where there are

to explain the in-gramme Simmtry: 0.02, "Contact

Rectio Magazine for the June 5 Whit Monday Monday.

wife of the defendant, in return chilled in law to pick and gredients or component, parts sing June 7: the first week-day inay in substitution for

Monday (April 10,,

1054).

for many past favours that the choose, Circumstantial evidence which in law constitute the Min Interviews, Stories July Thursday, July 1; the drs

defendant had effected for with there two probable in Monday in August Monday,

A Government official said this Holden. Or. fourthly, that this ferences "becomes no evidence at/9ence of fraudulent edøversion Brooke (Bumtio); 8.30, QUEB

under Section 32.

List Orchestre 6.0 "Do August 2; the 30th day at

money morning in response to an in-

all, property August; Chinese Mid-Autumn

I asked

of Programmes, to celebrate: the aler that?

and my learned Anniversary of the 73.BICA, Empl Festival Day Saturday, Septem- la action was because it had to pay to Margaret King as a there is no evidence 1 no case is friend refused to show how the Bevises donder DIKY); - PODUS ber 11: the second Monday in

about Hongkong been submitted

Holden mode out, October Monday,

to Executive commission promised

facts, when proven, would ft Talking, by October 11; the Council by local businessmen

8, 0, Davis and Rev. Talher Polny B. to her in respect to this parti-

"Assuming that my into each the ingredients Ren-Recorded) 7.300 London day following

...this | Studio Adelodies didnay, Torcés mod Sunday Monday, November 15: Queen's

Remembranes that with the celebration of the cular sale of badges by Holden Point A is bud in law or after-arecssary to make-up | Christmas Day-Saturday, Decen Wednesday, Abril 21 business the nature of, this badges tranã- | the first seven-inferences aro | refusal, I would remind 50 Report: 8, Time Signat; World New Birthday falling to Falconer's or fitibly, that mively, though good law, all offence or crimp. After suche Orchestra with Jooxald Citade

|Harmonies (BBCTS); 1:50,- Weather; ber that day should be #Stored down for a period of five ch

the 26th day of Decem-life in the Colony would be action was by way of a dealing not probable inferences and Me d'Almada in effect made this seda United Walory Report (i onder Bunday then the following day | days out of six, which, they felt, ant. perfonally, in the first. In/asumite. further that the only remark, 'Look at the, wording of | Bulay)1-6.35, Music”, in

between Holden, and the defend

“Looking Back" (possible u Inference

pusamad: by the] is that the Section, look at the facta,

Britian Council (foto); =0, ·Missio Lovers inconstance: in the second instance $0,305.94 was a entrusted by fit them together

Hound of or sale by King to Falconers to King on the trust Fraudulent conversion! That presented by CUFUD

[Studio11,10,: Science, BurVKY. Thus Doxt year

Easter Falconer's whereby the defend-to per the money to Holden, was in, erect he comment after holiday will be confined to Good mit 2.mudel-asis escrot ↑ prant as whit still say that no case is dowling with the factsreyring Friday and Easter Safiirday against Falconer underline been made out because both in The historical development chady Record The next general holiday after the word proft a distinguished fach and, in law the evidence of of the affones will show you 10 ther that will be the following Wed from common on this, ith the Prosecution proves that you cannot merely look at the Naveliners nesday the Queen's Birthday:

point.

Or sixthly, that the the money was received by wording of this section. You Queens. 11 230, Close Down

ber,

quiry that the reason for taking which he directed the defendant night follq SELONE; where] Your Worship will' recollect.I members. The Second In the Series

would be

venience.

Monday, December 27.;).

* School Hoilday: Empire Day Wi Monday, May 25,

Whor's His Line?? Solution

PAVEMENT ARTIST

on

Presto