1953-10-19 — Page 10

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Man Sentenced To Five Years For Attacking Woman

Pleading guilty to à charge of wounding a woman, whom he claimed to be his wife, with Leung intent to do her grievous bodily harm,

to five Cham-por, 55, a mason, was sentenced years by Mr Justice C. W. Reece, Puisne Judge, at the Criminal Sessions this morning.

**

"You cannot be allowed to go'attacking people when they were asleep." remarked the Judge. "Just because she went with another -attacked her."

་་

$1,000 Fines. For Obscene Publication

Leung plended lacking Lee Pat,

alternative

man, you

guilty out-

a but In

charge

of

San Hu, Castle Peak, New Territories, n August 14, with a chopper.

An wounding with intent to mur- der was withdrawu when the Prosecution offered no evidence. Leung said he

In mitigation, had been living with the com plainant for several years and whatever he cared he gave to

her. She had also given birth to two children.

Recently, she ha Another man, accused said.

tas

Over

DISREGARDED ADVICE

had tried He said he

her art 1er go with that man biat she disregarded his advice and instead told hims that he had no contral her. Accused alleged that she bed · attempted to attack him with the chopper. Re itched the chopper from her and attacked her.

"But

is

the nol ԱՆ evidence," remarked the Judge.

The

the that evidence is

then

CHINA MAIL

SIDE GLANCES By

713

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MONDAY, OCTOBER 19, 1953.

Galbraith

T. M. Rvg. U, $. PAL, OTT, pr. 1952 NRA baraben, ma

"If I don't turn it on, the lawn will die of thirst-and if I do, every kid with a bathing suit will be running across my yard!"

Military Attache To Peking Here

Corruption Charges

Sheaffer's

THE WORLD'S BEST!

Libel Action: Counsel For Defence Refutes Alleged Innuendos

The Hon. Leo d'Almada, QC, leading Counsel for the Defence in his further submission that there was no case to go before the Jury declared this morning in the libel suit hearing that insofar as the action was based upon libel or defamation there was no case for the defendants to answer because the words complained of were not reasonably capable of the meanings assigned to them in the innuendos, and also because if plaintiff fell back on the plainer and ordinary meaning of the words, they were not libellous,

address,

From the Filos

100 Years

Ago

It has been repeatedly urged upon our Naval authorities, that this harbour should never be left without a war-sicomer, as, in caso of wreck or other disaster to merchant vessels, or piretical attacks, Hongkong, government the ferers

it is to

would no

naturally

guí- apply necessli

being exci-

for assistance; and the of this recommendation attended to

to has been

mod

plified during the past week, in a report conveyed to the lice on Saturday morning, that two fishing-bants belonging to

tiff must prove (1) that the statement was false; (2) that it longkom were in the hands of pirates at Tam-koon-tow, dis- was made moljefously; (3) that caused hini it has

specialent only a few miles from the

kolony, and damage.

might easily be re- Counsel said that his

taken and the pirates captures; Lordt.

but there was ship

would recall a statement

then no war- by Lord Selbourne in a case steamer here. (quoted) in which he sold the fact that the alatement

going

com-

Appearing for plaintif rẻ Mrr indeed as capable of any of sideration the fact that because hing-grounds in the neigh-

be-armising statement

ово

39

mong the vacibus cy

The hearing is before Mr | mitted that in fact there could "In order to succeed a plain- Justice Scholes and a male Jury indeed be no question whatever in the Supreme Court,

of that. Plaintif in the action is Mr "Head the words how you will Dennis Victor, sole proprietor of and for this purpose

you must the Licto Dance Hall, 144 Des divorce from your mind the six Vocux

Road Central, who is innuendos and, you cant, 1 claiming

damages special

for

submit,

say that they constitute Toss of carnings at the rate of a reflection on the plaintiff in $438.02 day as a result of an the way of his business or

A great many more répo:?s negeri

Have since been marle of chaptures libel

erine" Mr d'Almada sald. In an otherwise,' contained article published in the issue of A

113 statement such

W03 plained of in that particular panel by violence and detention of the crews, by the the Hongkong Standard dated contained in the

article coin case caused an on ihe bank.

(serie gang of pitbien, and at the August 13, 1951. .

plained of might well

In other words there was some be pub-b Defendants

same place, na'.fewer than five are the Tiger lished of an establishment much

of damage, 23 Ho howing KOTA The test of obscenity is

receive at the Standard

to the point Central Station on Tuesday; but Lid, newspaper pro-as, for instance, the Grill Room of whether the tendency of the

prietors and publishers, of 179 of the Hongkong Hotel and no

no whether or not the statement matier charged as obscenity

our "bave of Admima" permits Wanchai Road, and the Sing Tao one in these circumstances defamatory, that was to

almost the my trede of the Jih Po, printers, of the same way

would regard it as defamatory say one could not take into con- is to deprave and corrupt¦

Colony o be interrupted, and the those whose minds are

those innuendes Jaid. Counsel something happeng 13 con-

courhood deserted, while he is open to immoral influences.

John McNeill, QC, and Mr A. J. snie

'said.

the

hired by writing sequence of and into whose hands the persunde

Clifford, both instructed by Mr. He would put it even higher ing published,

therefore Ingthy despatches, or cruizing on Alfred Y. Hon.

he went on. than that

If it said publication may fall," said

the statement was ane right exploratory Defendants

expeditions are represented Leong at

were published of some churcs which was libellous Mr Lawrence

of by the Hon. 1.eg d'Alniada, QC,, hall the some would have been He would say Similarly there The Few River. His Central today in his judg-

My Charles F. Loseby, QC, and true and there was no reason was no question of his Lordship may not be deficient in energy.

considerations considering such other ment against four. Chinese

Mr D. A. L.. Wright, all on the why

but ho evidence

wory self- who permitted matter of an

instructions of Mr B. N. Cooper should apply or Inferences might have been led on the opinionated, and wiling, to obscene nature to be printed

of Messrs Wilkinson and Grist. drawn from the fact that it was aspect of damage in the present rasive or ant upon advien about

his

which cose as Resuming

submissions the Lido' dance holl of

a basis for any con affairs along the seaboard of in the Tai Kwong Po news-

China. clusion that the statement was from Friday. Me d'Almada sald it was published. 148

Road, Jaffe

We are: paper.

going on to in- The

загту to have the published with malice. WHAT IT CONVEYED on April 12. woman was fast asleep and you ground floor,

of hearing of the nuendo "(e)" in paragraph 5 of

In case there be any misappre-report, mentioned last week, defendunt attacked her." ench

Embussy He fined

that the lension caused by his submis confirmed, about the exposure of Mr d'Almaga sald wife, his small case against a Police Sub- the statement of claim, which

stated "That Chinese patrons article conveyed no more then Me Justice Reece observed that panted by his

gig's crew for twenty-six sion on the question of damage, the and 15 daughter

two servants, Inspector, a Police sergeant

1 were liable to be assaulted

that an incident took place and Counsel wanted it to be clear hours, in conveying the Ad- They were Wong Wan-hang, the arcused had inflicted

wounds on the complainant, i arrived here in RMS Corfu this and a constable on charges therein and cater the said prem- that it was one of those things that if it ever was necessary for miral's despatches from Second proprietres of Lew Yi-chino, printer, L Sing, cluding a very serious one on the morning from Bombay en route of corruption was fixed for ises at their peril."

which happened and quite often the Defence so to do, they would Bar to Hongkong. to the Chinese Li Yat-min, salp

capital to take

no special November 2 at 9.30 a.m. by Couns: sold he would again could not be prevented

with argue that

POSTSCRIPT Pasing sentence. M: Juttice up

Admit that this his appointment.

dainage had been proved in this was one of the publisher, and Wan Wing-kooce said that in cases of wound-

the best will in the world. Blair-Kerr at met Judge W.À. Brigadier Kochhar was

Very far-fetched in- "I therefor: subenit that insofar case, but that was not the sub-

P. S.-After the above is in to his on arrival by Mr P. B. S. Mani, the Victoria District Court those

type. nucndos that could not by any Mr Sim La, Crown Counsel,ings before the Court, choppers

learn that Lordship.

the Commissioner for the Govern- this morning.

means be said to be a reasonable as this action is bardd upon 1elect of his submission

or defcrmation there is ơi chee

Styx, with Mr Coldwell on prosecufert. The complainant was often the weapon.

of chopper should be used Open eror W. J. D.

The ment of Indle in Hongkong, and

accused were Sub-

maning to be assigned to the for the defendants to answer Inspector

ESSENTIAL INGREDIENT board, left the harbour this Major 1. H. Goldsbrough, Milli- Inspector Dennis Edward Henry bare factual report of what pur- because the words compisined of Chinese meat, Ash and vegetables, but

forencon Secretariat

for Tom-koon-tow, now

It was being used to injuretary Assistant to the Com- Ward, Sti Cheung Chun-wah ported to have

that occurred

are not reasonably capable of "Malice quite clearly is one of calling of Chekchu for some of persun. he said,

mander, British Forces in 11ong and PC Chan Hon-ming, all of Eght at the Lddo,

essential the mebrings assiged to them in she

ingredients and the fishermen who

had suffered They Lieut-General Sir Terence Talpo Police Station.

16 was a report of a single the kawendios and also because if make the plaintiff must prove if from

the depredations of the soliciting isolated incident. How any one paintiff falle backs on the plainer he is to Airey.

with were charged

succeed."

said Mr pirates. 11 is

dis- really reward for for was to reasonably conclude that arkli ordinary menning of the 40-year-old

Mil ny money as a

not less to the Ameri- Police Attache all the Pres that he bearing 10 carry out

those words complained of were woods, they are not libellous," Mr

He would go further and ray cans than to the British that duties In respect uns very happy being appointed

of an opium eforatory he could not see, szid Amade declared.

it was scmething as to which, some systematic steps are not to his present post and that he divan in Tap Mun Village on Counsel. and his family are looking for August 8 and August 25, and ward to a pleasant tour of duty with conspiracy to commit the

offence. in Peking.

$1,000.

dis L. in. aitas

editor.

the

Affairs.

the newspaper,

гот

Mr Gordon Impton,

anted the defendants.

repTE-

I passing sentence the Maggis-

t-alo naid:

to

"In this case, the defendants are charged with the publica- tion of a certain matter of an obscene

contrary nature Section 3 of the Indecent Exhi bition Ordinance Chapter 150 In the Tal Kwong Po on the 12th of April, 1953,

DEFINITION

"Obscene

that

New Christ

The

to cut

Church Vicar

The Rev. R. Trueman, newly

Brigadier

K. R.

Kochhar,

Military Attache to the Indian

kong.

in

Ini Peking. accom-

Brigadier Kochhar,

who is

Date Fixed For Hearing

Date

ork)

was now

NO SUGGESTION

Counsel sold that he would

Almada

in fact

graceful,

SUC

now turn the second Ilmb, that just as a core of libel julge adopted to sweep the seas of

was to say, the action of

опа

find to rule en the meaning of the the words, so

with regirti as to

JALTY

The

M♬ d'Almada submitted that

authorities were quite clear that mollee for the purpose of

Mr d'Aimodu asked the Court case for the claim for damages malice it was for his Lordship o Mr R. W. S. Winter appeared Mr Alt the was no sug for injurious falsehood. As he rule whether or not there was

to his hnd already

remarked the first Indian Military Attache for the first accused, instructed | appointed Vicur of Christ "It is a question of fact for Church, Kowloon Tong, arrived

to be accredited to China, has by Mr. R. E. Moore, while Mr.C. gestion in the article such as Lordship, it was called by dif- evidence of it to go to the

one might find if the words ferent terms by different authore whether

Army for Loseby. QC, been in the Indian this Court to decide

Mr Oswald

Chinese has were "Again here in MS Corfu this morn- is obscene ing from England.

the last 20 years. He studied in Cheung represented the other the intter charged

been assaulted in the Lido" or and by different judges. Some dis- the Royal Military Academy in two accused on instructions of

or called it slander, others or not.

Mr Trueman, who was accom-

Woolwich and

anything

suggesting such a cause commission Mr F. X. d'Almada. wns

paragement, some called it by its of conduct

European panied

and two ed into the Corps of Engineers by his wife

action for slanderous words and an Ection for injurious falsthood The case was originally set defined in the mall daughters, Katherine and

1033.

received hits

falsehood must be that mind of mallee in- patrons He

as to render the Chinese

the terms injurious down for hearing this morning. Oxford Dictionary as offensive Louise, was met on arrival by Engineer's Degree after two

to suffer from was used, but the terms were all volving an intention to do injury but

the patrons liable was adjourned on

that cause of conduct or its netion

to a plaintiff. There must be case which was to modesty, expressing or the Right Rev. R.O. Hall, Bishop

application of Mr Loseby, sup-

continuation. Justful of Hongkong, auggesting unchaste or

the Very Rev. years at Cambridge.

really a short term for action onome indirect or dishonest me- Returning to India he joined ported by the other Counsel, on

tive before one could find miller to the sixth and final the case for slanderous words. Dean F. S. Temple, Mr F. C.

Raferring ideas, impure, indecent, lewd.

the Indian Army and served in the ground that they had only

which Wod essential Counsel The test of ouseer

obscenity is Clomo, and others.

Singapore until 1941 when he just been briefed and needed Inmondo, That the sald dance

UNDISCHARGED ONUS then quoted cuthoritics and cases whether the tendency of the

all is conducted by the plain He took part Mr Trueman, who is replacing went to Burma. They

to support his contention. matter charged as obscenity is the Rev. Prey Smith who is

in the withdrawal of Allied time to acquaint themselves with

in such negligent neki inefflefent

Counsel said that when an Hooring is cortiming. to depmye and corrupt

First accused is on ball, ob a

manner of to be unsuitable for

brought

action 1ose taking up another appointment troops from Burma in 1043. He

un

for libel of respectable per Singapore, whose minds are open to im-in

was for three

Like મા Major. Then he

patronage

Counsel submitted was ("that is the first limb of the

it WIC moral influences and into whose years a lecturer in the Parrish joined the Army Staff College personal bond of $3,000, while

innutado plaintiff's he other two

COBS'), are on ball of,"

the Bolton, Lancashire, in Quetta,

most sweeping "The matter charged in this before coming here. He studier.

Brigadier Kochhar will leave $1,000 in cash cach,

entirely unwarranted by the bare essential that for a plaintiff it case consists of a story with two modern

factual report. There was nothing the case was to go beyond languages at King's with his family for Peking by drawings, and, taking it as a College, Cambridge, after which train after spending a few days

in the report which a reasonable judge in a jury trial to prove whole, I lind

person could justify sending into innuendos laid in the fact, that it he went

Theological here. to Ely

it negligence or inefficiency on

Counsel had already indicated must so depenve and, corrupt College and the Union Theologi-

the part of the plaintiff or his or else fall back on the ordinary those readers whose minds are cal Seminary in New York.

meaning of staff or to spot the meaning and natural that the place was unsuitable for words and say they were respectable persons to go to, he sad.

hands the publication may fall. Church,

AN

open to such immoral Influences and into whose hunds a publica- 1on of this sort may fall.

"I therefore find the charge proved against the defendants, and I sentence them each to a fine of One Thousand Dollars,"

Clerk On

$10,000 Bail

Man Steals

Gold Chain

was thin

DEATH OF MR

DUXON F. C.

Mr Fredrick Charles Duxon, MBE, passed away peacefully at the Matilda Hospital yesterday, at the age of 72 years.

the

case,

Offence By Sampan Master

The 45-year-old master of a sampan, Cheung Wah, was fined $70 by Mr A. G. Parker at the Marine Court this morning when he pleaded guilty to a charge of conveying prostitutes,

Sub-Insp:

Y.C. Lam,

Pro- secuting said defendant was intercepted when proceeding to a stentner mooring in Youmati 11.30 last night Bay at about

the defendant's found one vessel the Police Chinese woman on the deck On October 0, defendant. Williamson and Co., Ltd.

In 1914 he took his Chief and three more hiding under entering complainant's cubicle

In 1048 it The women, dressed in at 53 Aplichau

Main Street, Engineer's certificate.

he served as chief engineer or modern style, admitted to tho An application for al behalf of 48-year-old Na the original bill of sale. By the 59 Cheng Hing of the Tal Police in the

Hing Steamship Company, until fondant that they were Cheuk-ming. Class I clerk of mouns of the bill, he sold the

titutes. the Receiver's Office, Supreme chain, minus the clasp, at the

the ship was sold in 1950. Court Building, charged with Tin Shing Goldsmith where the demanding money with menaces, chain was bought, for $301, out made by Mr A. S. C. Comber of which he gave $80 to an ae- Defence Counsel, was granted

compilee. Defendant then bought

Mr Duxon, who came to the Mo Yuk Kwan, 28. unem-

Main Far East about 45 years ago as ployed,

of 53 Apllchau

a junior engineer, served with Street, was charged before Mr

Douging

Steamrhip Company | Hin-shing Lo this morning, with

stealing

Vniued almost continuously up to two In searching a gold chain

years ago, when he retired from $394.80, from L Pao.

this

$20,000.

The

on stole a gold chain together with

ot

by Mr Hin-shing Lo at Central an imitation chain for $0, and

morning in the sum

it together with the replaced blil of sale. Magistrato u100 ruled

On October 14, defendant was that the ball could be made up of wholly cash, wholly surety, arrested after the complainant or half in cash and half in had reported the theft. De

fendant confessed having spent surety,

Ng. who gave his address as 540 Nathan Road, third floor, is three days to allow the defen- Imowing its contents, dant to make resillution.

alleged to have utteresi a letter, while

demanding money with menaces from one Wong Chau, an

A. Clough

about July 2 this year.

Det. Insp. for the Prosecution.

the money.

Sentence

Was deferred

от

was

'What's His Line?" Solution -CHARGEHAND London Express Servios.

for

Printed and published by WILLIAM ALICK GRINHAM for and on behalf of South China Morning Post Limiled at 1-3 Wyndham Street, City of Victoria, in the Colony of Hongkong,

His wife died a year ago.

Hongkong Coins Forged

Macno, Oct. 18.

presence of de

pros-

FOUR POLICY DECISIONS

in

libellous.

of

Д

HANNET

منا

תם

Mail

Notices

The latest times of porting Mr d'Almada said that the

shown below are thote for un- Counsel went on to say that onus had not ·been discharged registered correspondence posted It must be borne in mind that and he went on to examine the at O.P.O, Hongkong. The latest posting times elsewhere which, for dealing with these innuendos ingredients necessary

In general, see earlier than the the case and the there was no question of the action

GP.O, times, can be ascertained by_enquiry at the local ones. part of the Defence to sugges essentials which a plaintiff must

The latest posting times for . That in forl this incident did

registered articles are generally one hour earlier than the times take place at the Lido. That Prove if he was to succeed,

Counsel Bald that a plaintiff

shown below. Particulars - falsity of the statement had

in such a case claiming damages

garding parcel mails can be as- the no bearing whatsoever on

as dis- certained by enquiry at any post a false for injurious -fdlschood of whether question

claim

ofice. for de-. tinct from any statement wns or was not

famation must prove of capable

the reasonably

things: meanings ascribed or assigned to them by the plaintiff.

the

the

01

three

1. The falsity of the state- ment.

2.That the statement Was made with express malice.

3-Special damage.

IMAGINATION EXHAUSTED

Tho

of imagination draftsman of the statement

If plaintiff failed on any one claim apparently

was

of those, the burden of proof of finusted by these six innuendos which was Up Counsel.

him, he failed and he was not surprised; and in his claim, said

પ્રત

to thos

MONDAY, OCTOBER 19 By Air

Philippines, North Bornes, Formose, 6 p.m. Formosa, pm,

these pests; though we are of course more directly interested, ELS they materially interfere with the native trade of the Colony.

The following-Is- a-list of-the piracles reported during the past week:

On the 28th, six fishing-boats, were scized and pillaged at Tam-kcon-tow, outside the Ly- yu-moon, and portions their

crews carried off,

On seized

the 29th, a stone-boat was near Chung-ra-wan, beyond the Cap-suy-moon, and ane man carried off.

On the 30th, five more ashing- boats were captured at

Tam- koon-tow.

FORGED NOTES

We do not know whether the Police be aware of the fact, but It is nevertheless true,, that engraved papers, purporting to be notes of the Bank of Hindo- stan, have been passed upon Chinese in the colony within, the last few days, two of them, for Twenty-five Rupees cach,. having been paid to the servant of an officer on board one of the

ships now in this hor country bour. They bore no signature, and as there is no such bank, has probably in Calcutta; and round here in swindling

the Celes-

theo

been

the notes sent hopes

of

tials. It is to be Hoped: the Police will adopt measures. for the discovery and apprehension of the rogues, and meanwhile warn the Chinese to be on their pouard against thom.

ad, Malaya, Indonesia, Atis- tralla, New Zealand, Durma, India, Pakistan, Middle East, Africa, Great Bellain & Europe. 0 p.m.

By Surfac Macao, 6 pm.

TUESDAY, OCTOBER 20 Dg Air Japan, Hawaii, UBA, & Canada, 11.30a.m.

Indo-China, France. French North à West Africa, & pan.

By Surface. Meoso, Dam.

Republie CRIS, FA, USA Central

he would say that none of them Me d'Amadu raid that it Do- was justified, Counsel remarked, fence had not sought (Continued from Page 1)

The article complained of that this statement was not dales as the frat was not capable of any of those assurances that Britain and the A CID party surrounded 18, United States would keep forces

aix Innuendos and so far from 40 that instar

Ingredient was concerned plaintif this Veing a border-line case we confortable. Rua da Prainha yesterday and in Europe for half a century.

Lord Potier in Counsel kutimited that the arresed two Chinese said to This, in the French view, wouki referred to by

the MGM case, Counsel said

ingredient which was Cond have been forging Macao 50- subdue the danger of Germany the

that to any judgo whose duly important is the

Japan, fire at the cent coins and Hongkong coins dominating the army merger.

But French sources said to- was to decide whether or not third and tipon which the the South America, i pama of the same denomination when

Philippines, 1 pm. were the police party broke

iz.

night Mr Eden and Mr Dulles

words.

reasonably burders was pinect upon the

Macao,. d. p.m. of these Lim had both said they could not see capable

meanings plaintiff, was completely chebat The two, arrested men,

Ted by the Tack

and Chan Lei,

were their way to give such a prom- there could only be one answer from the evidence

when

they were alleged to have

they ise. admitted

considered, painter. M. Bidault is understood to and that was that the reston- had already sent to Hongkong

"AUTHORITY, QUOTED, and able mind must reject them. $20 worth of coun- have naked his British more than

Counsel said that having now Quoting Fraser on Libel and coins (Hong Amerlan colleagues not to stealt with the innuendos terfeit 00-cent

the Blander, Me d'Almada said that Hongkong kong). Goma

and publicly for French - ratification Macao 50-cent coins were found of the European Army treaty next question to be considered in connection with an action for words malicious tho till after

Pre was whether the words in their false French on the premises.

The coins were found to be sidential elections at the end of plain

and

ordinary meaning causing damage the following were defamatory, and he sub-' statement was found: good imitations-France-Presse, tiús year-China Mail Special,

and

Radio Hongkong

KK.T.

3, Time Sichal and Programme › Sum. mary: 0.02, Children's Hall Hous-- The Wind in the Willows, adapted from the glory by Kenneth Grahame, Fart 3 "The Wid Wood" (BCT): 6.30, The Gongs of Harm May: 0.55, South American Merry-go-round- Gil Cue "Box 200-Bert int the Organ (03}; 7.30, Variety Fanfare-From the North of 304.mngland-epeat of last Thursday's

&

Eroadenst (BBCTS);

Weather 7.50 Itapori; 8. Timo Signal and World News (London Relay); D.10, Artist o the Week Myra Jews (Piano); 8.30. Announcer's Choice presented by Dimcan Taylor · (Studio); J. The Reminiscences of Wickham Blend-A Thik by Wickham Steed No. 3) "Italy until Mumolink" ** (DBCTB), 0.15, Concerto: Concerto in D Major, Op. BI (Beethoven) - Jaacha' Holiété (violin) with Arturo Tomoenial" and the NC. Bymphony Onch; 10, The Forces Show (Recorded London New Jay); 10.80, Weather Report: 11, Radio News Reel London Relay)): 31.10, Goodnight Mumo; God" Bare The Quen;, 1120, Close down, i

WEDNESDAY, OCTOBER 1

..lly, Afr Philopley, Guam, 'Hawaii, USA. & Canada, & A.I

Indo-Chine. Makova.

Endonesia, Australia, New Zealand, 0 nm.

Formosa, Japan, UBA, & Canado.

depan. a p.m.

1 pm...

Thailand, Pakistan,, Middle East, Africa, Great Britain & Europe,

p.m.

· Formosa, d. p.m.

d