CHINA MAIL
Appeal Against A Magistrate's
KEEPING Verdict Dismissed
UP
An appeal against conviction in a Magis- trate's Court on a charge of possession of heroin was dismissed by Mr Justice C. W. Reece; at the Appeal Court, this morning.
The appeal was brought by Chong Shing, who was convicted by Mr T. Creedon on February 12 for having in his possession or under his control a dangerous drug contrary to the Dangerous Drugs Ordinance.
L"
IFE seemed always a jump or two ahead of the sandy-haired little Woman namel Margaret, who lived with her three young sons in the big block
The appellant was represented of flats in Clerkenwell.
by Mr O.V. Cheung, instructed Mr D.N.E. She was always breath-by Mr Arthur Lul
Rea, Crown Counsel, appeared To keep up. lessly trying
for the Crown. Not trying to keep up with In Judgment dismissing the neighbours, or keep up the appeal, Mr Justice Reece appearances, Nothing so said:
ambitious.
Her diffleulty was to keep up with the rent, to keep up with the kitchen wall, the clock on that teked away the day so fast nothing ever seemed to gui done; to keep up with the cuck. ng, the mending, the washing
things the shopping. all thuse most
gifted in managing.
women née so
LOOK, MUM, LOOK.
F
whether the appellant ever had possesion faintly with the thief was pmply before them; the appellant in his evidence said that the bicycle was never in his hands. The Couri thinks there has been no porrloge of Justice, and the appeal therefore, fais
Similarly, in an earlier case receiving stolen property
be a conviction of
The appellant was convicted R. v. Wilitam Payne 3, Ct. App. by Mr Magistrate Cre:don on. Philmore J. decided that
bruary 12, 1854, for having in there could
a receiver of stolen properly his possession or under his con-
proof ni exclusive trol & dangerous drug to wit 86 without packets horon contrary to S:e-possession on his part. He began tion 10 of the Dangerous Drugs in judgmen: by saying: Ordinance,
Mr Cheung for the appellant obfeted to the conviction on two runds: viz that the charge is tramed pnd (2) rol properly that there wis no evidence to establish that possesion was i the accused.
objection, it
"It is wrong to say Usat there mud be exclusive possession by the receiver. No case says that receiver and may
Joint pocasion."
not have
AMPLE EVIDENCE In cases where persons have been charged with the possession of counterfeil colt it has been
That to the first
when plcces of As to
held must be conceded that, us draft-counterfeit coins are found on in in charge is not in strict one of two persons acting ed, the "Mum Muni Look, accord with the language of the guilty concert, and both know-
THE
dar Margaret's
two
elder boys,
14 years
old
aml
right, came
and
sald:
Mun..
Oh, Mum, do look what we got.... She had no time, perhaps no energy either, to do more than cry out! stop calling, can't you?"
**We Mum,
"Do
bomb damage, Mum," the boys
screeched.
1
But
13
of
per-
of Bection
the ordinance under of the possession, both are
guilty. Vide which it purports to be brought.
R. v. Rogers 2 Mood, understand 85; and It. v. Williams C. & Mar, cosy to
wa. 259. Applying the hmu
principles error in drafting was on the ertated.
Seellon
the enunciated in all the cases ciled here to the facts of the present case Ordinance provides that
that there is bikes, Mumi, was evidence to show that the am of opinion yot luo
on which the them on the accused had the drug under his ample evidence we found
control then it might be pre-Magistrate could find that the sumed against him that he had appellant was acting in guilty concert with the other accused The Mis possession.
for framing and that the appellant knew of "Well, you're not to bring
FOR responsible
th the
possession by put them in the the charge has incorporated the accused of the heroin is beyond them in here,
not presumption pannage," Margaret
This is clearly wrong, but in my raised--and indeed could not be any question. It has not been view it is a defect of not much that the appellant did
and could consequence caused no embarrassment to the know that the other accused had heroin in the bed when the accused. In my view this de-poilce entered the room.
{ am feet in the charge has caused no of the opinion that the Magis- miscarriage of Justice and on
trate was right In convleting the I will that ground!
not quash
appellant and the appeal is dis- the conviction.
missed.
ically listening.
sald,
The boys leaned the bicycles against the passage
wall and looked at them lovingly euch time they passed. Margaret
cursed the things each time she Lumped into them on her way to the door.
THE POLICEMAN CALLS
ONE day, when
In
the
charge.
have
THE EVIDENCE
the door- As to the ground that there of actual bell rang,
evidence there
was no was a poligemata on the step. He saw physent possession in the e- the blcycles. "Oh, so there they cused, the evidence is that the room with are," he said. Those bicycles appellant was in
unother mun and a woman have been reported stolen from
bed busy bending over a
at the rack in the yard,”
something.
the door was opened the appellant is alleged to have jumped back from the bed while the
"The kids found 'em on the bomb-damage," Margaret said, Bustered and frightened,
As
the other
not
Oppenheimer Sensation
(Continued from Page 1) Committee to check other man
dropped something on the door. A day or two later, at t
This "something" turned out to Juvenile court, the two boys were be in Abdullah "50" in with- found guilty of stealing the
lid and out
from It were machines. Margaret was brought spilling
small packets spilling many Clerkenwell court, wrapped to the
green,
yellow, charged with receiving the stolen
These orange and red paper. bleycles, and found guilty. She were inter found to contain was remanded for further In-
herum. No becoln was found quiries about her to be made.
Lo
When she was brought back a probation officer went into the Mr the magistrate: in "This woman was married 1033 and divorced in 1953.
witness-box, and said Frank Powell,
THE
HER HOME
the
HE has three boys,
youngest three years old.
in
on the person of the appellant who said that the packets had nothing to do with him.
On that evidence Mr Cheung contended that
the appellant could not properly be convicted in support, Mr Cheung unt directed the Court's attention to a case of a similar nature (the name of which I cannot recall and
of which the record cannot be traced) in which the Full
see
if a
that were
Established 1845
WEDNESDAY, APRIL 14, 1954.
Disastrous Baghdad Floods
Flood water swirls along part of Sklekh Omar Street, Baghdad. with victims making their Way to refuse with the ald of horse and cart in the floods around Baghdad resulting from the River Tigris overflowing its banks. It is estimated that some £25 million damage has been caused by the floods.
worst floods Thousands of people fled from Baghdad in the
and larro
the City has known for several centuries. Some of Iraq's best vegetable and fruit gardens have been inundated
quantities of crops lost. - London Express.
veer
Prosecution Devoted
Concludes
Its Case
a
Services Win Recognition
Sheaffer's "SNORKEL"
Winding-Up Petition: Counsel Says Judge Has Widest Possible Discretion
A submission that if in the circumstances of the case his Lordship was driven to the conclusion that justice and equity required a winding up, his Lordship had the widest possible discretion and that there was no limit to that discretion so long as it was a judicial discretion, was mado by Mr D. A. L. Wright, Counsel for petitioner in his address on the law in the resumed hearing of a petition for the winding up of Messrs George Falconer and Co. (H.K.) Ltd., Union Building, before the Acting Chief Justice. Mr Justice T. J. Gould, in the Supreme Court this morning. The petitioner, Mr James that justice and equity required Joseph Osborne King, goldsmith a winding up, his Lordship had and silversmith, of 20 Braga the
widest possible discretion Circuit, and o former Director and that there was no limit to of Falconer's, is petitioning for this discretion so long as it was the winding up of the Company Judicial discretion. IC the under the provision of the Com-Court
was satisfied that the panies Ordinance, Cap. 31,
principles of justice applied, Petitioner is represented by then his Lordship was justified Mr in making the winding up order.
Mr Brook A. Bernacchi,
BACKGROUND
D. A.L. Wright and Mr Patrick Yu, all instructed by Mr M. A. da Silva.
The petition is opposed
by decide Mr J. B. Ipekdjian and Mr have M. W H. Seymour, share-particular aspect of the case (a) holders, on behalf of Messrs that petioner
When hie Lordship
come lo on the case, he would background on this
(19
in
was
LV
the
forced to George Falconer and Co. (H.K.) S Ltd., for whom the Hon. Leo Ipekdjian
Jake legut proceedings against d'Almada, QC, Mr John McNeill, transfer of the shares which
regard to QC, and Mr A. J. Clifford, all Ipekdjian had agreed to trans- instructed by Mr G. Hampton,fer to him. His Lordship would of Messrs Hastings and Company see from the evidence, Counsel are appearing.
Mr. R.
and
concurrently
taken
was
the
Winter, instruct-ld transfer the shares to him went on, that although Ipekdilan ed by Mr F. D. Hammond of steps were Messrs Johnson, Stokes
transfer to see that the Master, is appearing for Mr J.
nullified because largely B. Ipekdjian and Mr M. W. H. Company Seymour as individual holders.
Mr
Winter, also
share-
King s
Notices
Ti10 latest times of posing shown below are those for un registered correspondence posted at G.P.O. Hongkong. The "Latest posting timon elsawhore which. In general, are earlier than the G.P.D. times can be ascertained by enquiry at the local office.
The latest posting times for registered articles are generally one hour earlier than the times shown below. Particulars regard- Ing parcel smalls can be ascertsin- ed by chouiry at any post office.
WEDNESDAY, APRIL 14 By Air
Japan, 0 p.m.
Turmosa, Okinawa, a pndonesia, Matoys,
Thailand,
Australia, New Zealand, 0 p
refused to register Burma, India, Ceylon. Pakistan.
Instructed 20 per cent."*#areholder of that Buddle East, Africa, Great Britain &
By BarfacO Macao, 0p.m
THURSDAY, APRIL 15 By Air India. Ceylon, 10 aan. Japan,
p.m. Philippines. Quam, Hawaii, U.S.A.
(b) that the Com-Europe, & pan. by Mr Hammond, is also repre- in which they claimed the re
pany took 'action against King senting Mr J. B. Ipekdjian as
and covery of $0,000-odd-that was creditor of
the company,
the Jockey Club badges amount Messrs
Ipekdulan Bros. 39
and
proceedings later criminal creditors
were taken on the decision of Mr W. K. Thomson appears for the Official Receiver as pro- visional liquidator.
THE CLAIMS
In his petition, the petitioner claims:
Seymour to give due
information of the affairs the New Territories was made by
Crown
able
been
his
ipekdjian and Seymour against King, and at the finish of the protracted hearing the Court found King had no case 10
Answer.
Counsel sold that his Lord- ship would recall from a pri- And confidential letter
the mother, and
finances of exclusion of the
to
OF
of
сол
Will Attempt To Form Govt
in
* Canada, 2 p..
Formosa, 2 p.m.
Philippines, N. Borneo, 6 pan.
By Burlace China, People's Republic, 8.30 am. Maced, .. Korea. Noon.
Japen, awall, U.B.A., Central &
South America, I p.m.
india, Pakistan, D.. Malaya, Indonesia, 5 pan. Macao, pin.
FRIDAY, APRIL 18 By Alr
Philippines, .
Thailand. Burtna, India,
Ceylon.
Pakistan, Middle East, Africa, Great Britain & Europe. 10 am,
Indo-Chine, France. 11 a.m. Formosa, Japan, Korea, 2 p.m. Indo-China, & pm.
Japan, V.B.A. & Canada, pm, By Burlace China. People's Republic. 8.30 ...
Radio Hongkong
by
(a) The affairs of the Com-vate pany are at a deadlock; (b) J.B. written by Seymour to Ipekdjian Ipekdjian and/or M.W.H. Sey that there was no doubt that as mour have been guilty of con- far as Seymour was concerned duct injurious to the business he did not want King of the Company; (e) Ipekdilan nected with the firm as a share- has been treating the Company holder. and its business and assets as All these points taken The case for the Prosecution
Presentation of the Com-
own property Testimonial his ow
to the
ex-conjunction, and looking at the men against six
charged with mander-in-Chief's
(d) case Impartially, Counsel sub- 'robbery with Dggravation un to Mr Tang Yuan-kam for his clusion of the petitioner:
Refusal by Ipekaj and proper must
and/or mitted that there was and efficient and devoted services to Board a fishing junk last Christ-
bo animosity between mas
Mr the Army in Hongkong and the concluded before
and petitioner on the one side and Justice J. Reynolds
the Seymour and
Ipekdjian on the ing. Lieut-Col. C.D.W.K. Greenway, Criminal Sessions this morning. into it to The six men, Chan Chi-kwong
RAOC at the
there was such a 6 Composite Sub-Committee in-
Chan Ping, Lam
the affairs of the Company, the gate of animosity between the vestigation was warranted.
Tal,
Kowloon Tsui Ordinance Depot.,
sides that non-furnishing of accounts, con-
H.K.T. precluded all ng. Tong, this morning. Lee Senator Karl F. Mundt (Re-Sin-wah,
Hung-kwong.
cealment of business dealings of possible hope of reconciliation
6. Time Signal and Programme were al-
Su4.03. Lucky Dip-Variety Kung-sing, publican, South Dakota) sald and Po
Mr Tang joined have robbed
the Royal bhe Company done to the pre- and friendly co-operation.
presented by Margherita Chun leged to that the Oppenheimer case and
Hearing is continuing.
(Studio); Fiesta En El Pasapoga Army Ordnance Corps in 1933. judice of the
the Company, conceal- Fook-li, fisherman, of
De Madrid; 7.18, Orchestra of th reported H-bomb delays were
ment of the Company's records
Wook-Orchestra Stabile Accademia called to the attention of some
motor, a quantity of rice and fish-Immediately after the cessation
Di Santa Cecil; 7.45, Letter from on board his junk off Fan Ching of hostilities Mr Tang was one and flies, continued quarreling members
of the Senate In-
America by Alistair Cooke (Record- of the first employees of the mallelous prosecution, state December 25, Jast
unli to report back to work on
nd London Relay); animosity that exists precluding
7.50, Weather vestigating Sub-Committee last Chau on May but decided against hold-
Report; 8. Time Signal and World all hope of reconciliation and
News (London Role): 110, News A Jury
of two women and November 10, 1045. ing hearings on assurance that
Talk London Relay) or Special An- friendly co-operation, have ren- dve men was empanelled.
The testimonial stated that the Administration was acting.
nouncementa: 0.10, Memorable Mo dered it impossible for petitioner Mr Tang's hard work and devo-
mene In Musical Comedy: 0.30, Mr John Hobley,
in Senator Joseph R. McCarthy,
Brussels, Apr. 14. that confidence place tion to puty was of the greatest Ipekdilan
Plano Recital by simi Chow (Con- M. Max Buset, President of Cert Hall); 9. me Blemal. Wednes Seymour which (Republican, Wisconsin), Chair-Counsel, prosecuted, assisted by
material value in the immediate man of this group, charged in a
day Theatre. The Belgian Socialist Party, Willem Shakespeare Produced Det. Insp. D. Brown.
petitioner has a right to expect; the
empest post war reorganisation, and he recent television speech
Chief Insp.
G. A. Willerton
informed have rendered it just and equit yesterday
King Raymond Raikes, with music by H-bomb developments
testified that at an Identifications considered today one of the
able that the Company should Baudouin that his party was Anthony Bernard Played by the deliberately delayed 18 months, barade held
Marine mainstays in the Depot's Pro-
London Chamber Orch.," with" In the
be wound up. And the petitioner prepared to accept the task of London Chamber Bingers (RBCTS); tho vision Branch. But he did not say by whom. Police Station on December 20,
prays that the Company may be forming a new Government, it 10.50, Weather Report: Time Mr Tang has had a remark-wound up by the Court under was learned here Oppenheimer conceded that Last, two of the Prosecution
record
last night. Relay); 11.16, Goodnight Music, God Signal, Radio News Reol (London and has witnesses had identified the Ste gols 10s. a week from her Court of which I happened to be, and all other members of the
from work
provisions of the Companies Or- | Reuter.
Save The Queen: 11.50, Close down. be AFC's General Advisory Com- first, second,
fifth
for only dinance, Cap. 32. and sixth absent husband for one of the children, a member, held that the ap-mittee, thought in 1949 that an
throughout as having acoused as
taken part three and draws £2 105.
weekpellant could not be convicted as emergency
in the robbery, National Assistance,
he was not proved to be in develop super weapons might
The statements in answer to Mr "She augments this by dally possession of the drug nor to weaken the country's position. the charge allegedly made cleaning when she can get it. have had it under his control. But once the official decision the six accused, in which they to push the H-bomb was made admitted having taleon part in in January, 1950, Oppenheimer the robbery, were challenged
of £1 each and 5,000 ordinary shares of £1 each. Ipekdjian they were
made Involuntarily the project. Instead, he assert- and under duress.
held 51 per cent of the shares ed, they helped.
and Seymour held at the most The AEC sald that It was de- ruled admissible by the Judge
The statements
were later
category, two shares in cach parting from the practice of after hearing evidence by
King was the registered owner the discussing security cases only Police Interpreter,
26 shares in each category Mr Yuen because Oppenheimer made
On October 28, 1949 at Island and was the beneficial owner of "pubile on account of the mat-in-kwong, and the statements Road, Shaukiwan, the office of the balance of the 49 per cent made by the accused from the the Salesian Missionary School of the shares, for the Company Dock.
-was broken into and $21,000 transferred these
to him Hearing la continuing.
stölen.
refused to register him.
LABOUR PARTY SPLIT
(Continued from Page 1)
"You aren't even looking
This information included the ment made after the Eden- after your children properly. proved to be exclusive posses- fast
Oppenheliner's Dulles talles. that He glanced again at the report.sion In the appellant before brother, Frank, and his wife had The left-wingers had sub- "I understand your place was he can be convicted. In the boen Communists and that he milkted their motion to the dirty, and that you've neglected care of Charles Coole B Cr. App. had contributed to many left shadow cabinet as a matter of everything."
R.91, Cook was convicted of wing causes,
Parly procedure. Margaret sniffed, and dabbed
stolen property. al- At Strauss' request, the ABC
The motion "regretted the the bation and, although that prob- the me exclusively In the 1953, took steps
пос to get back ably was the best thing that possession of the thief, Avory from Oppenheimer could possibly have happened to J. stating:
documenta in his custody at Princeton-United Press.
A
but says she would not get a regular job, as she wouldn't like the youngest child to go into a nursery. I gather she makes 55. to 10s. n week, cleaning."
"What about her home?" the magistrate asked.
FACTS DIFFERENT
programme
to
days 17 years with the Army.
During the early war years Tang was A volunteer by District Warden in Kowloon.
The facts were different and Commitee members opposed by the accused who alleged that Court Sequel
that case is readily distinguish- able from this one. In that case the appellant was not in the found and, indeed, a servant of been left in the owner had charge, In the present
"She admits it's got into a bad room in which the drug was
state," said the probation officer, The magistrate read through a
7
learned ter."
report he had been given.. He there was in my view sufficient asked Margaret what she had to
geldence before the Bay.
Magistrate upon which he could have found that there was
between possession
UNHAPPY, AFRAID.
ย
The Commission said that after Strauss became Chairmun, j it began a new Inquiry under "NOTHING," Margaret sald, appellant and the other person President Eisenhower's order of
red-eyed, humble, over-charged. The fact that there April 27, 1053, requiring
exclusive possession security review for all persons "Well It's quite obvious you proved to be in the appellant in the Government "concerning have not much sense of your would not save him from conderogatory Information." responsibility," said the magis vicilon, for I do not accept the
argument
whelmed by events.
trate
o
was no
that
there must be
whom there was substantial
To Robbery
This morning, two men ap-
peared before Mr Hin-shing Lo
at Central on a charge of house-
breaking and commeliting
The defendants, Tsang Shan, allas Tsang Sze, 25, and Tsang Kam-fuk, 21, who managed to elude the Polica for over four years, were arrested yesterday.
Mr Wright yesterday said that a private com- Falconer's was
substantially by pany owned two shareholders. It consisted of 6,000 five per cent ac- aliares cumulative
preference
but
PRINCIPLES QUOTED
Mr Wright this morning said
4
of a
a
felony, No plea was taken and that when the Court rose yes- both defendants were remanded terday he was addressing his for 24 hours in custody.
Lordship on the point in petition
nature of the Prosens potition the principles applicable to the dissolution of partnership were to be applied and that he had cited a passage from Caso
150 reported in 2 Chancery 1018,
After quoting two further sos, Mr. Wright said that the the principles
applicable In petition for winding up were claimed here, and submitted that his Lordship should apply exactly the same *principles as
her eyes. She was put on proth bicycle remained all said, the Commiselon on July 7, ld retary's statement EPERS GO ON
taking a
her, she seemed to find no solace "In the opinion of the Court there | Jo st.
was evidence here on which the She went out looking unhappy jury might come to the conclusion and afroid, back into the world that the two men were in join!
posion. the appellant that was full of clocks licking fond part in the strangements time away too fast for her, ogres for deposing of the blavale. It is Wa no specific in conspiracy to defeat her fact that there
direction on therubject, bus the utterly.
Court thinbeat that the quilion
make clear that the
classified over cannot be com- HUNGER STRIKE
to the support of Frach
Nicosia, Cyprus, Apr. 18.
Police Ambushed,
[Tunis, Apr., 13. Outlaws ambushed groups of 20 desért police in the region of Matmtas, grouth Tunisia," "early.
- Printed #hd. published by WILLIAM ALICK | GRINBAM : for|today:They, kliled one, police- and on behalf of South China Moming Post Limited. At 1-3 many injured in another filand Wyndham. Sireet," City of Victoria, in the Colony, of Hongkong. ) escaped into the bills, Hautare?:
colonial policy in Indo-Chin,”
It further regretted "that such Thirty-six lepers went ona
of this action...
* Statement should be made 24-hour hunger strike today to if it were a partnership. in without:
the concurrence of the back their appeal to the British respect Indian⠀⠀ and other · Common- | Prime Minister, Sir
Winston Counsel sold that those wealth Governments."
•"-Router. Churchill, against their removal principles had been applied in to a new colony alteram, the Courts in Hongkong and in The government plans to re- at lost two cases in which he move the lepers from their pre-appeared. sont camp near here to malte mig in the circumstances of near Larnaca, 25 miles away the present case his Lordship United: Preis/s
What's Her Line 2 Solution TELEPHONIET, London Kapten) Méretén
SİDE GLANCES
By Galbraith
hink the H-bomb would stir“
[very stabl
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