1953-10-20 — Page 10

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4 Years & 24 Strokes For British Soldiers

ADMIT ROBBERY WITH VIOLENCE

Saying that their offence was liable to a penalty of life imprison- ment - the only heavier sentence being death, Mr Justice C. W. Reece at the Criminal Sessions this morning sentenced Driver Jack Lawton, alias Wolfe Lorenzo, 22, and Driver Norman Hardman, 20, both of the 8th Coy, R.A.S.C. Shamshuipo, to four years and the maximum 24 strokes for roh. bery with violence.

The Court viewed the offence with the utmost gravity and could not regard it as trivial merely because there were no serious injuries, said the Judge,

Defence Counsel, Mr T. Shurlock, pleaded in mitigation that Lawton's marital troubles were at the root of the offence and asked for leniency in view of the defendants' youthfulness and the fact that they were completely penitent. Mr Justice Reece conceded that the only thing to be said for the two soldiers was their age. The crime was one of the most prevalent and it appeared the two men must have contemplated carrying it out, he added,

sentenzeri

Lawton and Hardmat pluded | the day before the robbery people are at stake, This is n alty last week

to having wi

In 14 days in elvilled community and people robbed taxi-driver of his barracks

expect to, and are expected, to watch and $32 on the night of This punishment resulted in go about their normal alloca- August 5. They also admitted what

Whs nem a nervais break- lons without being, held up at a charge of possession of κι άσινη, endl

Shurlock the point of Mir Sten

#!$7$ 2010

Kun by people also "Larate thought the hond of ke Lawton

You you.

are trained admitted a further charge of every inai was turned against soldi

soldiers nne!

you know the stealing

the gun

from their him. He uld no longer dederale extent of a loaded gun. When borracks armoury. For the Inst the reputations of being, an 101-

ere arrested. It you two offences they wero Kiven efficent soldier, ver endure the

cocked. All that was recessary sentences of six months to run nálgers and sneers of those who

was a slight accident and some concurrently with the four-year fold him stories about the wornan

one loses his fe. I cannot view the affair in the spirit your The Crown case was that the

tole the Sten Counsel has asked me to take. Lawtod taxi drove the two men to Tul

not with the intention of using

1 view it with the utmost Lam Chang where they held up it, but to bolster up the self- the driver with the Sten gun confiderer he had lost, sald Mr Bravity.

term.

be loved."

took his property and left hira Sburlock,

in

211

and

after binding #ditch ranking him. The driver sustained some bruises in struggle. drove around in the taxi witli | intoxicated the Sten gun until they were Lawton taking advantage of his stopped by the Military Police. friend's condition instigated him

The

two

you were

WBS

10

says. 0%

"You. Lawton, appear take on all the responsibility ÎNTOXICATED Going on to Hurdman, Coun. for the affair. That is difficult the set sold he was a man of lower to understand. If Hardman was soldiers intelligence and that night was drunk as his Counsel

Gs not NAAFI.

to know anything at the

what he was doing, then he raight have 4 defence in law I don't know. You bound up taxi-driver, pushed him embankment

The

the Over drove his taxi hours. It seems to me you were

Established 1845

TUESDAY, OCTOBER 20, 1953.

| SIDE GLANCES By Galbraith

7-15,

1. M. Reg. U. & PL ON. EP., 1961 BY MEA Barvies, bu

"One of those worthless salesmen of ours is getting romantic about Miss Lloyd, the most valuable worker

we've got!"

Youth Charged With Murdering Boy

On trial for murder before Mr Justice Reece at the Criminal Sessions this morning, a 17-year- arouri for old youth, Tsang Fuk, alias Tsang Wai-kwong, of with the Court's duty, said that for all that happened that night looking for trouble that night, Homuntin Street, was accused of having killed

Lawton obtained the Sten gun Into accompanying him. by asking permission to guart!

"It is very much to Lawton's the armoury.

credit and his sense of honour Mr Shurlock asking for a sen-

that he has instructed me to sance as lenient as consistent say he accepts full responsibility Laston had completed five years and that he regards Hardman as with the Colours and hat been in no way to blame," submitted re-engaged for another seven.

Mr Shurlock his career. Hardman had been two years with the Army. Neither nd cell convictions or any entry in the Regimental conduct shees

the thun

miners and purely military offences.

Interled

holt

up

someone to get some money. DUTY TO COMMUNITY

He intended to make the Aay He

te contended that Lawton's! The only thing that can be

tho cest

remark to the RMP to shoot himurid in your favour is your age. because he did not want to live While I shall pass a sentence of was indicative of his frame of eensy in view of your youth 7

have also duly to mind and it also went to his ereklit that he asked about the munity. The sentence I have to pass in those caves is at only condition of the taxi-driver.

facts of the case, mount to make you realize the to the fac "Lawton arrived in Hongkong Mr Shurlock smit that the Sten with sil sentences, ako to p:evens seriousness of the 'offere; but, as in August,gun wag

never fred and the

ther persons with the same thing

WIFE'S ACTION

A to

any

intentions.

"The

a 13-year-old lad, Yuen See-wai, by pushing him over an embankment 40 feet above a railway line in Chatham Path after a swimming party.

Mr Patrick Yu Ginstructed by Deacons) to defending Trang, while Crown Counsel, Mr J. Pakenham Walsh is for the Prosecu. Mon.-

Mr Waist at that on August 24 a number of boys went swimming In the harbour and afterwards not outside the Kawinon Ducks. Here it was noticed that the

nocured wax having a quarrel with the 13- year-old bay, Yuen. The nature of the quarrel won trivial,

The party of boys moved off and eventually came to Chatham Path, continued Crown Counsel. This path tan-alongside - a -rollway-to-and- simped up to an embankment 40 feet above. Some of the parts stopped to watch a boxing match, hut they becused and Yera went ahead. They did not seem to be querelling

*The only boy

who happened 10 BOO what went that was Cheung Ling-kuen he will tell you what he ite in the only person

who can tell you anything about the incl dent," said Mir Walsh to the Jury.

He said the other bays could only

+21

Kaw.

Driver Fined,

Ordered To

Pay Damages,

Compensation

Sheaffers SNORKEL

Judge's Ruling In

Libel

Action

A decision that there was a case to go to the Jury on the claim for libel was made by Mr Justice Scholes at the conclusion of legal argu- ments by leading Counsel for the plaintiff in the libel suit hearing at the Supreme Court this morning.

His Lordship however held that there was no case to go to the Jury on the claim in action because he was not satisfied there was suffi- cient evidence of express malice at the time of publication. ̈ ̄ ̄“I there- fore withdraw the claim in action on the case from the Jury and non- suit the plaintiff thereon," he said.

The decisions were given following submissions by Mr John McNeill, QC, for the plain tiff. In reply to submissions munde yesterday Try the Hon. Leo d'Almada, QC. leading Counsel for the Delence, that there was no case to go before the Jury.

Plantin in the action is Mr Dennis Victor, sole proprietor of the Lido Dance Hall, 144 Des Voeux

Central, who is Rout claiming special damages for loss of earnings at the rate of $630.02 a day as a result of an alleged bel contained in on article published in the issue of the Hongkong Sta-dard dated August 13, 1951.

агу

the Court of any source of in- formation WAN the evidenco given by two Police affects as to the events reported at Central Station. That the only evidence. He was not saying that defendants did

, ន to that source. He was saying that was the only evidence of any source and the Jury could, in- if they 50 wished, draW ference in the absence of other evidence that that source was a means of knowledge.

IMPROPER MOTIVE Continuing, Mr McNelll said that there was evidence that the report was so unfoundedi, so grotesquely innerurate in every the Tiger material detail that it was in Defendants nre Standard Ltd, newspaper pro-itself some

prietors and publishers, of 179 | proper motdence of an Im-j

Wanghul Road, and the Sing Tno Jib

Jih Pao, pri-ters, of the same address.

Appearing for plaintiff are Mr McNeill, and Mr A. J. Clifford, both instructect by Mr Alfred Y. Hon.

Defendants ато represented by the Hon. Leo d'Almada, QC, Mr Charles E. Loseby, QC, and Mr D. A. L. Wright, all on the instructions of Mr B. N. Cooper and Messry Wilkinson and Grist,

MORE SUBMISSIONS Resuming his submissions from yesterday, Mr McNeill said that mentes could be inferred from all or any of the following

1.-The nature of the langu- and its extravagance in re- lation to known

ukc

2. Knowledge

imputed

otherwis that the

statement

complained of was untrue.

subsequent conduct of

3.The subs

the defendants,

In his firal submissions Mr McNeill invited the Court to find that there

was much more than scintilla of evidence, that there was some evidence which it undenied

was a proper ease to go before the Jury.

He said that the question of actual malice might never arise. If the

Found that the Jury statement was libellous they did not have to consider this point of malico, which would be pure- ly academic.

At the conclusion of Mr Mc- Neill's submissions, his Lordship gave his declatons.

The case is proceeding.

Prison For

Two

Ex-PCs

foriner

Police

con-

Counsel said he had dealt at length yesterday with the language used and the meaning stables, Wong Kwong, 20, and of certain terms defined in dic-Ho Wing, 20.

gym-

tionaries. He added that the low was conveniently marised in Gatley on Libel and Slander.

second

Dealing

point, Mr

with his

McNeill sald that he elted

сабе

were sentenced to 15 months imprisonment by this Mr I. Morris

at Central morning for demanding money with menaces-and impersonating. a Police officer. Ho Wing was also fined $100 or four weeks

Good News For HK Importers

Washington, Oct. 19. Starting October 22, American exporters will be able to ship more non- strategic goods to Hong- kong without special ap- proval of the U.S. Com- merce Department. strictions on experts Hongkong have force since the start of the Korean fighting. They were tightened progressively

Re-

been

to in

tantr Individual validated Keences became maristory for each shipment. except for frulis, vegetables and flowers

In announcing the de- controls today, Samuel W. Anderson, Assistant Secro- tary of Commerce for International Affairs, gold; "Liechlug

and export experience

over the past

year has led the Bureau

of

Foreign

(formerly the

International

the

Commerce Office

Trade)

of to

the conclusion that

en without

step. can be taken

apy adverse effect on the national

security

Pro-

gramme." Commodities which

now will be ex- portable under a general lleence Include

ude foodstuffe lumbers,

textiles,

wood

products, paper, glass, clay producis, consumer durable geods, some types of Indus- trial machinery, chemical specialties, painis. ROADS and toilet preparations.- USIS.

Mail Notices

in June, 1951 and 1952 he marricil a Majoy girl. injuries inflicted on the driver in mind from carrying out their He used to invite to their quar-were extremely minor. “I don't ters it soldier friend who was tink that can be termed us a lenely.

he sake taxi-driver, after work- By December, 1952 he vicious, brutal attack, ading the whole day, had only $32 Toumit that this soldier hasucking that the taxi-driver

Von him. You did not use your been in a habit of visiting his was so lightly bound that he was not to try to hold him up, the wife during his absence onable to free himself in few bix strong

men that you are, Huard duties mid had started on nimates. There was never

but

yesterday the you used affair with her. Within a short intention to wound him seriously. I call it, of a Sten gun,

influence, shall There while his wife left him," sald

(King v. Wicks) which showed for possession of a Police note- SENSE OF DECENCY

A 22-year-old car cleaner, that at that time. can be no more terrifying in-

knowledge might be in book. Mr Shurlock.

Another defendant, Lal Ming, Counsel continued "I have fluence in this community where

Chan Wai-kau, of 47 First ferred when the means of Ile

28, who had one previous con- sold that although the Interviewed the two accused in innocent people taking an after- Army authorities

after Street, first floor, was fined knowledge was available.

for continued to the remand prison and I have dinner walk or something like

viction

# impersonating Counsel said that the official $300 or two months and 14

The officer, was also sentenced the wife pay

her marriage rarely seen a man despon-that, are so often held up with

source allowance

of knowledge (Central Police

im- she brought dent and

days by Mr Hin-shing Lo at Police Station) was before the a total of 15 months dejected na Lawton

pun.

prisonment on two counts petition at the Kowloon Magis-

Central this morning when Court. At the present time no demanding money with menaces of Yet despite his utter un-. was tracy in July, 1953 for separa- happiness I was touched by his as trivial or of no consequence "The Court does not view it tion

give evidence on the start of the he pleaded guilty to driving other source had been suggested and two and

LT- maintenance on readiness to suffer punishment just because

quarrel. these unfortunate

by the Defence as part oftionersonating a Police officer. શ car without Shortly, tite case for the Proircu- krounds desertion, wilful so long as his friend, Herdman, people don't

case, either in cross-examination happen to have neglect to

tion was that the accused and Yuea licence, without the owner's of plaintiff's witnesses or in the maintain her and was held not to blame. This their heads blown oll. It is

were at the top of Chatham Path persistent cruelty, but the case reflects to his credit

and his alleged

which was fairly that

permission and without pleadings. steep: almost a because there

cliff. The sense of

Accused was walking third party insurance. decency,"

was no serious injury it is not along beside Yuen and idealy up employ M AD Shurlock said that the a serious crime. I don't think

without any warning or provoca- The defendant was further and soldiers,

were

not hardened you could have done much more

Ben or testing he gave the boy ordered

A over the side of the embank pensation to show criminals 10

and their attitude ie that taxi-driver except

inent, said Mr Walsh. sullors and tourists was proof of a penitent dis- kl!! him outright, the sights of the Colony and in position which one Judge had the evening to

to considered as a "foot-stool of dance bulls," sald❘ mercy," Both men had made a

clean breast of everything,

was dismissed.

"His wife took

ment with an organisation.

her chuties American

various

Counsel.

were

take them

FATAL ACCIDENT

"His unhappiness caused him

aud inefflelent. accidents in one

He had

tain that

difficultien

Lawton's matrimonial ng laisty almost

viewed

Assaulted Taxi-Driver

the cath

the

to

"PERHAPS SIGNIFICANT"

to

B

valid

counts

of

Dot Insp. G. A. D. Richi prosecuted.

It was alleged that on June THE BEST SOURCE

10, the first and third defend- to 101 Wing Lok The best source therefore was onls went Day $50 com-

available and there was Street, East, third floor, together pedestrian he

evidence

a Jury with Lat Ming (not in custody) Injured while driving the car.

upon which could infer in the absence of a and demanded $40 from Wan or an additional ten days im- dental that

They posed as police- the

defendants Chan. 11 rdded:

prisonment, and $300 damages "Perhaps it is signi-

knew that the report was un-men at the time and they said tieant that it was a Dushi, and not to the owner of

the car or an

that they would arrest Wan true, ald Councel, He quoted a Chan for smoking eplum if he a blow. For if it were a hlow you additional six weeks.

from anny say there was no intention for

20 Hallsham. passage According to the Prosecution, reading as follows: him to go over thankment the defendant, who was a car

"Want of Uld not pay the money. on the edge of dis 40

reasonable and probable cause On June 24, the second and feet high is perhaps significant. elconer,

of third defendants went back to "Mr Welsh Raid that the boy fell phone, got into a private car may lead to the inferenco down and die wishing Wang Street, by means of was evidence? Calne Road, near malice, and

Wing Lok Street nad submited there, 101 'consciousness, The

to go before the again asked Wan Chan's wife. away immediately.

a duplicate koy,

Lee Chi-mui, for another $40. In the matter of law. Mr Wall away, at 12.30 this morning.

and

drove Jury. told the Jurg, that it was murder 11

He said the fact that the official i pern up th

While coming down a slope of source of information showing agi deliberately which must result in death or in Centre Street,

the 41 probability result in death. 560-suddenly lost

defendant falsity of the statement was avail- ing a picture of the embankment,

control of the able in the defendants van semo

L

the

other

The Jury might come to the con- vehicle and struck a Chinese evidence. clurien that a full down it might in woman pedestrian Slowing down all probadeth into Queen's Road West, serious injuries, this secured pushed the boy nuly defendant damaged two aware of the height of the fall then

cars parked there. It was murder. If he had no in-

fall over the embarkṁent then

Tention thet the boy should Supping the car, the deferikant there was no offence. If he pushed tempted to abandon it and the boy over, under extreme pro- escape. However he was seen by yDertien and immediately after ex- two Policemen on patrol and was

pravceation would reduce the crence to usiaughter budaken to w Polleo mation where must be provocatlen sufficient to he nëmitted the offences. owse such adturbance of his mind that he had no control over hinction.

Army Engineer Chief Here

Major-Generni

G.N.

Puck,

Objecting, Me Wright stâd that there was no evidence of officki source of information He said Mr McNelli hnd siled this win CBE, Engineer-in-Chief of the and again and I was misleading. British Army arrived here by He said there was no evidence to Pan American from Tokyo early show, it was an official source of this morning. informatika, which was open to the nowpopor. It contained cem fidential information.

Tho

Д

Latest Umes of posting shown below are those for un- registered correspondence posted at O.PO, Hongkong. The lates posting men elsewhere which, In general, two earlier than the €1.P.0), times, can be ascertained by enquiry at the local once,

The latest posting times for registered articles are generally one hour earlier than the times shown below, Partieniars 10- garding parcel malla can be as. certained by enquiry at any post office.

TUESDAY, OCTOBER 20 By Air

Indo-Chine, France. French North

& West Africa, 8 pm.

By Surface Philippines, 3 pm. Macua, 0 p.m.

WEDNESDAY, OCTOBER 21 By Air

Philippines, Guam, Hawaii, USA

& Canada, & aim.

Indonesia, Australia, New Zealand, Middle East, a JR.

Indo-China, Mojnym,

Formosa, Japan, USA. & Canada,

I p

Japan, 8 p.m.

Thailand, Pakistan. Middle East, Africa, Groat

Europe,

p.m.

Britain &

Formosa, p.m.

By Burface

Stacco, am.. Chino, Peuple's Republle, 9.30 am, Indo-China, France, noon, Formosa,

Ovyton, India,

Aden, Middle East, Great Britain & Europe,

Makyn,

Middle

p.m.

Maçao, G p.m.

"From time to time men in his M: Justice Recca al "Your grant wout (all Lawton that Comsel has made a very stirring ( vy they had seen his wife with plea on your beholt. He has American colors at dance halls. alleged He was and sill is extremely found of his wife, and such entirely responsible for the con- Privates Kenneth Baker, 19, remarks with their obvious in-mission of this crime, but I feel REME, and Terrine Joseph nutados

caused

intense that If you (Lawion) possess the Read, 19, REME, wero fined $025 montal. forment. From time to intelligence which your Counselor 13 weeks each by M: T. time he pleaded for his wife to buy you do, you would have Ceeden at Kowloce this morning, return to him, but she refused." realised that the women whom I for commenávault, driving with- Mr Shurlock said that before you think you sny very fond of fout a licence, without third party his marital troubles Lawton had was not seeth your affection and insurance and without the been an efficient soldier selected you would have allowed her to uwmer's consent... 10 drive the cars of senior Staff go away. That is how other They were ordered to pay $30 Officers and bad never beer da

would have

octmpensation to the volved in an accident,

situation.

complainant, taxi driver Man Kak JUDGE DISAGREES "It has been urged that the Dot., Sub-Insp. C. T. Chess. to become cureless, indifferent attack was not serious and not prouting, tak that on October

general is here on I do 17, the two defendants hired a

routine visit from the Overseas two brutal. I do not agree. of which he not think that any attack could taxi and told the driver to take killed woman. Although no be

Engineers Depot and will stay them to Clear Water Bay. more serious or morc

Mr McNeill said that he al- in the Colony till October 20 prosecution followed he is cor- enroulating than this, Whan you

AÐ number 7 cemetery, they

wayn regarded the Police Force lus mental anxiety set about to steal the Sten gun told the driver to stop, get out

He was met at the airport by as in the nature, of an official Col. C.R. Styleman, Chiot caused by a ruso at the expense of "the and let them drive.

force, a force maintained by Engineer British Forces, Hong- He completely armourer you must have known When Man refused, the

the Hongkong Government. Ha kong, and Capt. FEI. Mason, Stanford University graduales did not think he was going be- ADC to Lt. General Sir Terence of himself and what would result from that second defendst burled him to asked to be rolloved of driving subterfuge; what you hati In the seat of the taxi and the first

in Hongkong are trying to revive the activities of the Stan English language when he said

yond the bounds of ordinary Alrey. in mind. You must have been defendant ossaulted him. They tercat in everything and bo contemplating the carrying out then threw the driver out

ford Alumni Club,

* 4, Timo Signal and Programme Bum! For this

ал official the purpose, Mr

Pollor, were Lamson Kwok incompetent. of this offence otherwise you the tax and drove off.

mary: 0.02, Palace of Varieties An Old Time

0.30. Mum-Hal;

Twilight source of Information concern- (P. O. Box 141) Is compiling a Later that evening were would not have got that Sten

a Police

Harmony; 7, Studio: "First Hear dissatisfied and he was punished gun. I cannot

Commodore A. H. Thorold, } list of Tong, sow

all Stanford graduates ing matters which fell within

ing," Presented by Bernard, Heke; see what con party in Kowloon

OBE, DSC, RN, Commodore-In now resident here, and Stanford their duty, He said there was no

Hearing of the

Studio: La nection this has

7.30,

Demi-reuro your defendants running away from a

cate against Francaise; 758. Weather Report: 8, Mr Shurlock said that Lawton matrimonial dimeuitics.

Charge, taxi. They investigated and

no question Fung Hongkong, left the alumni are invited to send him trace of evidence,

Hoi, 20, unemployed, Tima asked in

signal, World Nows and queried his pay on July 31 and

Colony this morning on board their names and addresses. "This type of offence, robbery found the taxi to be emply with

crom-examination to charged with armed robbery United Nations Report (London was told there would be no with violence, is one most the meter still running.

HMS Modesto on an official

show that people could not to and possession of arms, will be Relay), 030, Plano Playmo to the Police for information. visit to Rear-Admiral Joaquim

heard on November 10 at 10 820, Torces Javourites this community.

Hr Loschy Bald Marques Erparteiro, Governor

tri Maa.m. before Mr I. Morris at Relay) 9. Studio: Murical Note MoNelil had not answered Mr Central. of Macao.

Book Prevented by, the Rev. Tather | Weight's, objection. The 'objec¬ Thorold, who went to the Mrs

It was alleged that on Sep- Tyan, B.J. 9.15, Glotana" was that there was no will accompany the Commodore Kowloon in July this year, Police Force

Queen's Road, Central, the de- Opera: 0.33. Window on the Carib- was the actual fendant, armed with a Smith Colln Wills;

bean, Festure Programme by on his return trip tomorrow censod his duties yesterday,

10,30, at the Ballet source of information. afternoon. They are expected

Weason 38 revolver and she Lea Bylphides (Chopin) 10.59, Mr Lo has gone back to here in the Modesto at 1 p.us. private practice, with Me Lo would rollerato. his statement Ho Sul-kang, of $4,790,10 and Muste, God Save The, Queen; 11.00, Mr McNeill said that he rounds of ammunition,, robbed Weather Report: 11, Radio Newmwel

(Lordon Helmy ) { 01 JABA@Goodnight- and Lo Balleltora, as of today,). that the only evidence before two choquLES, A

and torment indirectly

thia nceldent. Jost control

duties.

Ho began to lose

came slack and

The Army authorities

in various ways."

with

is

of

queries if he had been able to valent in

They caught defendants and manage his matrimonial affairs truo to say that other than arrested them. At the Kowloon with more skill. Ho completely murder it is the most serious City Police Station, Mon Kam lost his tempor, was insub that comes before the Court identified his assailants. ordinate to his offiger and on every month. The lives of

Printed and published by WILLIAM Atack Grinuam for and on behalf of South China Morning Post Limited at 1-3 Wyndham, Street, City of Victoria, in the Colony of Hongkong.

"What's His Line?" Solution 'TUGMASTER ·

London Express Barvica, -

The trial is proceeding.

Official Visit To Macao

ALUMNI CLUB

REVIVAL

Resumes Private

Practico

Mr Kenneth Lo, temporary tion

"

Hearing Fixed

Radio Hongkong

HIT

Kenneth Dinatey (Concost. Stal}};

(London

Portuguese Colony exparately, } magistrate appointed to sit in l'evidence of any kind that thember 21 on the stairway of:30 | A Talk on Benjamin Britten's New

tomorrow

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