1954-06-17 — Page 10

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JOHN CLARKE'S

CASEBOOK

Late Night Finale

McCarthy Makes An Admission

Washington, June 16. Senator Joseph McCarthy

the {1}

witness

TEARY from a day's admittext Wwork that ended after

midnight. the newspaper executive walked out of his office, took a deep breath of The clean

hnd

he today that land to men which he carlier claimed he "never

" seen.

The doctament Svin private

night air, and David Schine's appliention for a commission.

made for his car.

He had purkød the car earlier those country-squict in one of lants that wind about the bombed

If poruk wasteland Street. There were other ears in the lane belonging to others who worked even later feeding news late the morning papers

by -

Mr Joseph Welch, the Army's Councel, produced a photogra of the applicalion made Selino-McCarthy's former Fleet ont during today's hearing of the McCarthy-Army dispite. Schine the central #gure in the exchange of "pressure" ant "binckmail charges between the Secretary of the Army. Me Robert Stevens, axi Senator McCarthy.

The tired man walked down the line to the place where he had put his own-and found there an emply space, like a 10 row of teeth,

fe hurried

way.

Into the road-

He looked about him over the low-walled landscape HANDED OVER

A FEW

his

slowed

yards away he saw

stationary

car,

4114

to the

มw

Mr Welch referred to sworn testimony given by Senator Me- Carthy on June 10 in which y declare he knew nothing about Seith's application for a com mission

When Mr Welch waved

жен

the

photographs before him, Me- Carthy said with a grin: "Don" tell me notarised it."

"MERELY SIGNED IT"

Mr Weitel replied quietly. *Yn3 merely signed

"No."

at an angle roadway. He ran to it and that al the wheel was 3 The Senator added: "May 1 chunky, fair-haired young man, "Hey," said the newspaper - man. What are you doing in my cur? Come out of 10.”

"Okay. inister," The Youth said, and obeyed.

The police arrived presently The young man, whose naTNIS was Tom, was handed over and charged with taking and driving away the car without its owner's consent

Next morning, at Bow Street, Tom, with a rueful look, pleaded gulity to the charge.

NAVAL PENSION

S man has an excellent record," a policeman told

still say I don't know anything about it."

Mr Welch said he believed the conflicting evidence should be brought out. But he did not consider "a devastating thing.”

it After examining the photo-

McCarthy graphs.

noted:

"I want to make it clear

it was

Huturisted by Bob

Slevens,"

Mr Stevens has necused him and his chic

his chief counsel, Mr Roy Cohn, of

ΟΙ exerting improper pressure to get special treatment for private Schine.

In turn they have charged Mr Stevens and the Army of using Schine as a hostage in attempts

sidetrack 10

Investigation Into alleged Cominunist activi- time in the Army.

Barber

an

McCarthy

protested

Mr Bertram Reece, the magis-

that Democralie members of the trate. "He's 22 years old, his home's

"rwo | Sub-Committee investigating hus 1 Portsmouth

dispute with the Army worited after leaving school, he years

to send him to prison for mis- joined the Royal Navy on

a

handling security Information. He 12-year engagement.

AVON

They

want

me in to put invalided out with a pension f

Egun," he complained-Reuter. week 11. a

after service LEY Korea.

"What did he do then?" asked the magistrate,

"Well, he travelled the coun- try with faire until last Novem- ber," the policeman said. laeri he got a £8-a-week

Job as a pucker until January, when he left to become u waiter at £10 A Week,

"He left that job a fortnight ago, atid slice then, he tells me, he's been living on his savings."

THE

'HOURS TOO LONG"

E magistrate looked hard at Tom, who stood to attention, Navy-style, and quarely turned the gaze.

re-

"What do you want to say About this" Mr

him.

"Well, sorry sir, had a

drinks."

Reece asked

lew

stupid

dru 韪

"You really young man," said the magistrate, "I'm quite

Bure there is по criminality about you, but fancy abandoning a good job for the precarious occupation of doing nothing. Why did you leave that

£10 a week job."

"The hours were too long," nald Tom,

could if I wanted to."

BACK TO WORK

Mail Notices

Af posting

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times latest shown below are those for un- registered correspondence posted at ... Hongkong. The Intest posting times elsewhere which, In general, are carlier than the 1.P.0. times can be ascertained by enquiry at the local offer,

The latest posting registered articles aro one hour earlier than the timea shown below. Particulars regard. The parcel maila can be ascertam- ed by enquiry at any post office.

times for generally

THURSDAY, JUNE 17 By Air Philippines By Surface

North Domeo. 6 p.m.

Macao, p.in,

FRIDAY, JUNE 5

By Air Philippines, D $1. Thailand, Burma, India. Ceylon, Pakuten, Middle East, Africa, Great Britia & Europe, 10 s, IL.

Formosa, Japan, Korea, 2 p.m. Indo-Chine, e p..

Thailand, India, Ceylon, Pakistan, Middle East, Africa, Great Britain & Europe, & pm.

Malaya. Indonesia, 6 pm. N. Borneo, Australia, New Zealand, Formosa, 6 p.m.

Radio Hongkong

R.KT.

and

0.03.

Pro- Jazz

CHINA MAIL

Established 1843

THURSDAY,

JUNE 17, 1954.

SHEAFFER'S

„ADMIRAL

NEW

"SNORKEL

PEN

Queen Mother Presents New Colours Magistrate Misdirected

A general view of the scene during the march past as the Queen's Colour and the Regimental Colour just presented by the Queen Mother were dipped in lule at the recent ceremony in the Inner Temple Garden when new colours were presented to the Inns of Court Regiment. The Regiment is unique in being not only the sale cavalry regiment entitled to carry infantry Colours, but also the only regiment of Hussars to carry Colours of any description,

FORFEITURE OF GOLD

APPEAL DISMISSED

An appeal against a Magistrate's forfeiture order in respect of 1,680 taels of gold, valued at HK$500,000, seized on board the my Boisse- vain on June 13, 1953, was dismissed by Mr Justice J. R. Gregg, Puisne Judge, at the Appeal Court this morning.

The appellent was a scamon, Cheung Fal. He was represent- QC. ed by Mr John McNell, and Mr Brook A. Bernacchi, both instructed by Mr A. S. K. Lau, of Messrs Lau Chan and Ko.

Mr D. F. 0. Mayne, Crown the represented Counsel. Crown.

After the judgment had been delivered. Crown Counsel ap- plied to the Court for an order for costs against the appellants. Mr Bernacchi thereupon sub- mited that i was improper for costs, usk for Crown to

recent caKO adding that which the Crown lost and in sum of money which large

such ap- involved, Was plication had been made,

the

I

по

His Lordship said he did not think he should make such an urder for costs, unless it could be shown. that BOTIC exe Iraordinary expenses had been incurred by the Crown.

in his judgment, is Lordship sald, This in an appeal from an order of forfeiture, made by magistrate under Regulation 4 of the Defence Regulations 1940. In respect of gold seized as unlawfully imported.

The relevant portion of Regulation 04 amended by Pt. 1 of the First Behedule to the Emergency Powers tExtension) Proclamation (Na, 30 of 1940) reads on follows:

"Where any offence against these regulations" Lan offence against these regulations includes an oilence against an order made theroundar) "shall have been committed, whether any person shall have been convicted

ating the gold arrived in Victoria Hongkong on June 12, Harbour, 1953, from Manda and that it wa boaded on the date cá the Ume of arrival by Mr Blastead, who b sequently covered the gold on the 13th June, 1963. On 12th June, 1953, the funnel of the vessel was too hot for a search of the air pipe to be made, o guards were placed on board, of the entrances to the funnes until the following day when a

wn thorough search of the ole pipe made. The gold, then discovered seized, w2 examined by a Chenist and found to Government be guld

04 of

PRIMA FACIE CASE

duct he rubinėts negatives any in- tention to remove the gold, from the ship on the part of the claimant and The mugistrate mode no finding herec).

As against this, however, there is, in any view, the fact that a sunrd was kept on the ship from the date of its derivad until the time of the discovery and wolture of the gold, that the chances of the claimarst bo'ng able to bring the gold ashore without delection at Hongkong were smail if not entirely cíl. Thus y intention on his part tu bring the Kold Ashore-If mich Intention existest- won completely frustrated,

аге

In my view, it was the duty of the mellan to have shown to the At me close of the Crown evidence Revenue authorities that the gold the magistrate, held, after listening was in iran', if such were the

Rubinlesions. to varlatan

that the

case, and that it accordingly fell Crown had established a prima facie

within the exemptions set out in the case; and the clariant, Cheung Fat,

zencide to the 1047 orfor. The was given an opportunity of being

Komoda For those exemptions BIT heard in accordance with Regulation

Mar to be within the peculiar Defence Regulations, knowledge of the owner or person Cheung Fat stated in evidence. In

responsible for the goods and by effect, that he was a member of the

their very nature throw the omis crew of the m/v Boinevain: that,

of show' that the goods after the vessel arrived in Hungkong

exempt upon the sald owner or per. on 12th June, 113, he left it the

on remponsible. I can see no hard- same day for his home In the Po

ship attached to the discharge of On District and that he rejoined the

this one. Ta the present case. vessel on the 14th June, 1953, about

however, the conduct of the claimi- an hour before it aniled for Japan.

ant was for from straightforward. | He also stated that he invested some

To start with he hide the gold in $10,000, the proceeds of the sale of the ar pipe of the funnel; then his padov Bolds in the Po On district,

he good ashore withomat which he admitted m the gold,

поротиля his gold to the funnel. He denied hiding the

concerned who, according to the that he had imported the gold into

evidence of the officer in charge, that it Hongkong and maintained

barrded the rhip on 12th June, 1003, was in travmil to Japan for le

Just an she was tying up to Buy there. Tus principal partner in the

Ad in tongkong Harbour. budness, he said, Was

a man in Manila calieti Chan Yen who had there brought the gold on board with him. He sald Chan was unable Hongkong becaure of to come to

evidence difficulties. Ife called Immigratio

no witnesses and produced no docu- ments to substantiate his story.

On the facts before hun the magieiate found. In effect, thai "the balance of probabilites" turn. ed heavily in favour of the Crown and that the gold was brought to

In respect thereof or not, it shall be ↑ Hongkong not for transhipment but lawful for the Court or a Magletrait ; for import and that this had been to order to be forfened to the Crown done without a permit from the my article in respect of which such | Director of Commerce & Industry. offence has been committed and

Revenue officera

A STRONG CASE

11:0

the

Quce

magistrate. before him, is satisfied that there is a prima facie case, the onus of establishing exemption then. in my view, pames to the calmant; and so given a chanou la be heard. In my opinion it is suficient under Registration 84 of the Defence Regulations 1040 for the magistrate to be satisfied that an offence has been committed. Then, after giving the claimant. If any, an

of being heard, it is jawful qualty

If he sees fit, to make an order of

Himself, Says Court

APPEAL BY CROWN SUCCEEDS

Holding that the learned Magistrate misdirected himself in fact and in law in holding that in the circumstances the refining and milling of rice was an "agricultural operation" and that the premises in question were not a factory within the meaning of the Factories and Workshops Ordinance, the Acting Puisne Judge, Mr Justice J. Reynolds allowed an appeal brought by the Crown in a judgment delivered in the Supreme Court this morning.

His Lordship remitted the matter to the Magistrate with an intima- tion that the respondent has a case to answer.

He made no order as to costs.

The appeal was against a de- out of and in the course of his ciston of Mr I. T. Morris, Kow-employment, it was held that he loon Magistrate, who held that was not employed on, nor the proprietor of the Tong about a fuelery within the Foong Rice Refinery. of No. & meaning of the Factory and Fa Yuen Street, ground floor. Workshop Act, 1878 Section 83. had no

cuse to answer on " However the desinition of summons for allegedly using འམ་་་

"aon textile factory" in the Act the premises as a factory, con- did not contain the exception, trary to section 7 of the Fac-the basis of the argument in the tories and Workshops Ordinance, present case, and the decision Cap. 59

was based upon a consideration Named as appellant, on be of the question whether the - half of the Crown was Labour operation came within the words Inspector E. C. Drown who was "by way of trade or for pur- represented by Mr D. F. O.poses of xain" in the definition Mayue, Crown Counsel. Mr Y. which the Court negatived

Chan

for the However, in his judgment, A. L. appeared respondent.

Smith M. R. ut page 104 referred THE JUDGMENT

to the operation in that cose as His Lordship's judgment read: being an "agricultural opern- This is an appeal against the tion." determination of the learned Magistrato under Section III of Ordinance Magistrates

H.

the

(Cap. 227).

In

Sectiona

prosecution A

Factories

NO ASSISTANCE

It was held that there wan evid- that the workman was employed in mice upon which it could do feund agriculture with the meaning of the Workmen's Compensation "Act 1000 My attention wis directed to the words of Romer LJ. at page

831 where he states that the words "employinent in agriculture" condi be conẞned to the manunt opera- lorer of (ing, sowing cnd resping. uter firat wre of theve venen asist the respondent in his co- tention as to the construction of the

* "ogriculturat operation" in Chapter 60.

In my opinion the totention of the legislature in exempting "sqricul- tural operations” in the definition of "industrial undertaking“, was to enable mechanical operations caseri- tal to the proper conduct of a farm pa be curled out by the farmer or his employees with otherwise

such tions would, the farm a "factory" within the meaning of the Ordinance,

dential area, by persons in no way

I do not think this case is of any assistance to the respond- under

In Nash's саве the pro- B(1) 7 and

of the ent and Workshops Orcessing of the grain was being carried out for the purpose of dinance Cap. 59 the respondent, feeding the stock on the farm. represented by Mr Y. H.

Chan

It was carried out on the farm appeared in answer

to a sum by an employee of the farm. place where the operation curried mons issued under Section 10 think

think it would constitute of Cap. 59. The facts were not agricultural in

dispute. The only Prosecu- the tion

witness,

operation within

1

WED DESA for

THE EXEMPTION The legislature never intended. I comm/dier, the exeniabion to embraÇS operations such as the present quite nonnected with agriculture (enve ki so far on they were operations upon an agricultural product) and carried on in premises in a ren

connected with the growing or pro- duction of the rice. I trink that part from the nature of the open- on the circumlatices of each case must be considered for example the anothe

who carried it out

which is undertaken äre all relevant in de- termining whether the operation con but it is clearly dis-be described as "agricultural

Mr evidence that he Line

the circum-

submitted that the Chan Linguishable from had visited the premises

learned Magistrates' decision should in stunces

the

case present

also be upheld upon the which

round question

he described where the

reonon only

for that no offence had been proved and which he stated are on the describing the operation as

Against the defendant/respondent. floor of a ground

domestic

Section 19(2) of the Ordinance pro- "agricultural operation" appears and building

situated in a to be that the operation Is one residential aren, At the rear of carried out on an agricultural Use floor there

product, namely rice. milling machine which being operated by 4 30 H.F. A v. Rabson (1099) 3 A.ER.

He saw motor engine, sacks of rice cach

Officer,

there

gave

the Chief Labour Ordinance of the term in

ས

Wis

rice

rice

weighing

of

our

an

vides that any summons relating to an offence under the Ordinance may be addressed to the proprietor of a factory etc., without specifying the name of the proprietor.

SUMMONS SERVED

Mr Chan_alau relled on Manley de

570 where it was held that a velricie 160

A mummon addressed to the pro- carrying vegetables the produce ot the licensee of the vehicle. for ale prietor of Tong Foonst Rice Refinery about 100 lbs. In the cockloti by retall was being used in the was served in the present came andt business of agriculture' within the before the dalo fixed for appescanco was

Muarry Las, Chan and Ke wrote to grading meaning of a regulation made indes

the Road and Bali Traile Act, 1933, the Magistrate's Clerk quoting the machine also operated by DA

In that caso the defendants were n cass number and title of the mum- engine. Five or six workmen

mona stating that they had just farmer and his wife, the vehicle were working on the premises driven by the latter and at the above defendant and on the date bring licensed by the former and received instructions to act for tho The learned Magistrate, upon material ilme a submission

was carrythg groen

fixed for the hearing the defendant/ by Mr Chan, Held vegetables which had been grown respondent appeared to the sum- that there was no case to answer upon their farm. That the closs mona, "on the ground that the factory and life farm and the farmer is the

that the was definitely engaged in work brats of the decision i bome out or agricultural nature-the in my opinion by the penultimate reining and milling of rice and Goddard C... where he says "In rentence of the Judgment of Lord

connection between

the operation

that an industrial and the regulation, o farmer who L

does not include an

operation. Не further CX- pressed the opinion that the fact that the factory was situated in a residential area and on the ground floor of domestic pre- mises made no difference to the position.

Grounds Of Appeal

The grounds of appeal are that the earned Magistrate mis- directed himself in fact and in law by holding that: forfeiture. Accordingly he found that an offence

1-The

premises the subject upon the making of any such order against die Defence Regulations Although the magistrate refers to matter of the complaint were of forfellure the sold "article shall † 1940 had been committed and made "the balance el probabilities in used In manner that consti- become the property of the Crown en order for the forfeiture of the this case, it clear that he had tuted an agricultural operation.. free from all rights of any person.

gold in consequence,

before him what amounted to a Before making any such order the

strong prima facie case and that 2-Use of the said premises Court or Magistrate shall give to any person claiming or appearing to the Court or Magistrato lo be the owner of, or otherwise Interested in, such article an opportunity of being heard,"

Tho offence stated before the magistrale was the importation into the Colony on 13th June, 1953, of approximately 1,520 taels of gold without a licence for that purpose citra to the Import Control Order of 1947 (G.N. No. 480 of 1947) and General Licence No. 1 published in G.N. No. AMIR DE 1943.

NO CLAIM MADE

vossal.

GROUNDS OF APPEAL

after houring the claimant's story he was of the

that the clalment

did not constitute a factory.

In the Ordinance "factory" is

had not done onus upon defined as B

him. Under Regulation 4 a male- Irate has

premises

The general grounds of appeal ja stated by the claimant, in his notice to the magtrate, wrang of Pt the Magistrate w

a very wide discretion wherein any machinery 1.7

once he is callest that an offence used in ald of any industrial in daw in

has been committed. holding thee the pro secution had established A prima

undertaking carried on in such facle case.

premises

"Industrial undertaking" includes, (c) in- manufactured; altered...adapt- dustries In which articles

As regards the question of onus, learned Counsel for the claimant hat referred to the case of Davis and Serace 4 Common Pleas L.R.

are

1963 c p.172. In the case per plaint was made against the keeper of en ala

for keeping, h hause open before one clock is ed for sale... but does not in- Sunday, afternoons for the refresh clude any agricultural opera- ment of herwone other than travel- tion." tera; and it was held that the cams plainant WHI bound to

There is no definition in the affirmatively that the persons" kup- Ordinance of "Agricultural plled by The defendarit were not Operation," Travellern.

NOT

APPLICABLE

prove

in

or

2. That the Magistrate's order was ultra vires the Defence Regula- tions.

3. That the Magistrates order was based on circumstantial evidence sotally consistent, with the importa- tion of the gold inte Hongkong "Oh,

nonsense," sald the

Signal 0 Tine

as with lis transhipment to Japan, magistrate. "There aren't any

Summary:

4. That the Magistrates' order is gramme

On 30th June, 1053. an applica

unreasonable or älternatively Can- hours too long for a man of 22, Half Hour presented by Robin Day

(Studio); 8.30, Portuguese Half tion Was made

not be supported living regard to to the "First Could you go back to the job?"

Hour (Bludio): 1, "Hit Parade" The Magistrate Hongkong, for the con- the evidence.

5. Generally ⚫ thera WEB no "I th-think 60," soid Tom, Week's Ten Top Tunes presented by fiscation of the gold mentioned, by

The appellant contends that Bernard Hicks (Studio); 1.50, an officer of the Department of evidence or no significant evidence without enthusiasm. "I think 1 "Down Memory Lane Dresented by Commerce Industries. The ap whereas to found

in magistrate's

order to come within this

the Alleen

7.50, plicant gave the magistrate a brief order. Woods (@tudio):

operation Weather Report: 8. Time Signal and outline of the facts. This was to Learned Counsel for the appellant

In my view the case cited is not exception applicable to the present. In the question must be closely World News (Londen Relay): 0.10, the effect that a Mr Binstead, Senior; has referred to the words where

prosent care, we are dealing with a directly connected wih agricul- News Talk (London Relay) or Superintendent of the Hongkong an offence has been committed" in

alter that must Be peculiarly with d party of Revenue the amendment of Regulation 54 of

within the knowledge of eryture and that there is no 66 YOU take my advies and do Special Announcement: B.18. Sum- Poilce

mer Lightning"" The Joyz and Officers, acting on information re- the Defence Regulations, which I the Randoms in colved, had boarded a vessel called have quoted, and has submitted that," said the magistrate. Tribulations of

ani, and such knowledge does not evidence of any such connection "I discharge you absolutely on shepherd (Part 43 Cat

necessarily exist in the case cited. in the present case. Jack the m/v Boissevain in Victoria that before the Magistrate can order Hongkong. Serial Play by

The claimant has not been formally Tom Harbour at a pun, on 19th June, forfellure an offence must be proved

RESPONDENT"S CASE the taking and driving away fandom, Bob Perry: Ruth Handam, 1055) and, on searching the air pipe and that the standard of proof recharged with and prosecuted for

quired in the present caso in the

oximitat offence. He has only ben charge. For driving without a Dorothy Ferry: Clive Mullinshaw in the funnel of the maks

asked, ih effect, to stato why a for- The respondent submits that flcence

Halph Orfler, Judy Pariser, Janet had there discovered and seized 40 same as that required in a criminal failure, order should not be made the legislature Insurence policy.

has clearly_ro- there'll be a nominal fine of us. Shepherd: Produced by Jack Shep packets of old containing approxi: prosecution.

sgainst certain gold which he claims | cognised that an agricultural hard (Recorded); 30, Take It

to be his. He has in the opinion undertaking may, at the same GOODS IN TRANSIT., and you'll be disqualified from hers-with Joy Michols, Dick Bent Tately 1000 tals. No one claimed gold at the time of maltura; and

of the magistrate, she had re time, be an industrial under- driving for 12 months.

although the solure was reported Alley and Jimmy Edwards (DBCTS);

la mil the circumstances of this Time Signal. Sports Review by in the newspapers both in Chinese right, that's all, you go and get John Wallice (Studio); 9.15, At the

the case, falied to discharge the onus taking und relied on enses and in English, no one came for- elsimpnt's evidence the gold in fie claim rests entirely on his own where #job."

Opera. "La Boheme Acts 1 and 3 ward to claim it up to or at the question was in tronalt to Japan unsupported evidence, TV domi

mechanical operations (Puccini), Bolo131" with the N.D.C. thine of the application for for sad that, en there is nothing to know

ments, ho receipt nothing of any carried on outaldo There He Symphony Orch. eand. by Arture | foilure. "Yes, sir," said Tom.

being then no are the claimant story untrue. kind has been produced to sub were held to be claimant for the gold, the magistrats the gold does not come within thestantiate

agricultural his ownership wont away

to look for werk Toscaning: 10.10. Time for Music

Twentieth Century Berenaders made forfeliute order forthwith. Import Control Order 1917 (2. No ownership, let alone fais story operations. where the hours were not too; cond. by Hopic" Liter (BBCTB)||| LAK, on the 7th of July,just 10 of 1947); inasmuchi ne "the gold the god being in kranail,

first care relied on war long: and

10.40, Musle of the Twentieth Cen2 | win" the astutory time" "fmit, | being "goods in transit" through the the newspaperman, ture: Light Places from idrokos- application was made to the mis: Colony on the same ship

Haying regard to the wording of Noah v. Hollingshead (1901) 1 whose evidence had not been mor (Bertok) adjudius Katzhen eat through Cointel on behalf of exempted tæder parentaph of the equation of of the Defence Betu: Q.B.D. page 701, where a werk- ations and to the evidence adduced man, who was employed by a needed, hurried back to his job Plan 10.08, Weather Report; 11; a clement, one, Cheung Tak for a jechedule to the grid order.

am. unable to find in which the working hours are at anions, hon, we noted and heard, data

News | review of his order.

· that the Time

Resenta wadi, pot, Mastzitolata, decision was wrong in farmer" on his farm to drive a apt to be --- tay · newspaper Hume God save. The Queen; 12:50, į fixed. Ea due sobere time kelder be therefore, within the woops of the Deans Metalations, wire wire the movable steam engine, for the executives-all' of`every 24, Close Down

Various 126 for purpose of work mill for that of the chinést hänt WME OC the claiment on aktivan Moted was unreasonable, or finisily, that Printed and published by WILLIAM ALICK GRinnan för i powie Linda (evidence to 'fully raw "bung. La în going unfzore' stort afhe i there was farmejent evidence to grinding ✨ mosi· Intended to bel

in the record of procmedings the size periyi on del Quem, kas, magpOT HELPOINTERN

15 that being so this sopdal, la dised for food for stoic on the and on behalf of South China Morning Post Limited at 2-3 taken in the Court below and I do

esol propose to : repeat · St Here, hours before e la mar: mired and the Vorfalture order farm wid not for kale wag kan

or

Wyndham Street, City of Victoria, in the Calony of Hongkong, Buttow it to say that the ship, cous

Ho comit that ori

In wisport of kita contentious kind

Japan on diOS JUDI,

confirmed.

part

the farm

rl jured by an nouiderdinirling.

my opinion, on the true construction

using his "vehicle to telor produce grown on the farm to a customer In within the exception and that is whether the customer is buying wholecalo to ed egain or buying retail for his own coumption."

FARM CARPENTER

Another mae relied by the respon→ dent was Smith v. Coles (1906) 2 K.B, 877 where a workman employ ed on a term on a foam carpenter. He assisted at bay and com harvests. rick-making and mungel-cariing and did work like, farm labourers when be was with them and during three months of the year he was employ ed as a game-keeper.

SIDE

GLANCES

proprietor of every factory etc, in

Section 6(3) provides respect of which an affence against the Ordinance has been committed shall be guilty of a like offenen,

It was. I consider clearly proved that the operations tho subject- matter of the summons were being carried on in the premises described in the summons and I consider that In the elrcumstances the submission put forward is not tenable.

I hold that the learned Magistrato misdirected himmalt in fact and Lex law in holding that in the circum stances, the refining and milling of ricoles on agricultural", operation" and that the premises in questions are not a factory within the meaning of the Factories and Workshope Ordinance.

This appeal is, therefore, allowed ord I remit this actor to the Magistrate with an intimation that | the respondent/detendent has a CEN

to wuwer.

I make to order as to coat,

By Galbraith

30

so thin? How? Is 'a normal