1954-07-06 — Page 10

CROSSLEY BROTHERS LTD. MARINE, STATIONARY & AUXILIARY MARINE DIESEL ENGINES.

ENGINEERING EQUIPMENT CO.. LED. H.K. & Shanghai Bank Hidg. Tel. 27789

JOHN CLARKE'S CASĖBOOK

Charity Begins...

N the headquarters of the j

IN

charitable organisation

it was difficult to move

for

collecting-boxes. They were

walls

some

stacked against the like gaudy shells in Arsenal gone unseemingly piled on gay; they were desks and trestle-tables; they spilled into every cubbyhole and into the ad- jacent corridor. Finishing touches were being put to preparations for a flag day.

Into the office, where everyone. was feverishly busy, there crept a middle-aged couple, man atid WOMAN, shabby and down- at-heel that it must have seemed that they had come to beg romes lung in advance from the flag- day's takingės to support them for that day.

WE'D LIKE TO HELP 46 VES?" said someone briskly,

"It's like this, sir," the womun maid. "we'd like to help

"With the collecting-bax, SU the man explained.

They were given a tax and a tray of puper flags, allotted u pitch, thankett, th doubt, and shown out.

day On the lak

the couple

stree stood on their dour ly

half-closed their OVER CONNET. Anci

pleasant slepod to the masiv of money clanking into the collecting-box.

A particularly pleasant sound il wars to their cars, for they hu! เพ intention of handing over the preceds of the day work.

ONLY HIS WORD FOR IT

AT the end

couple,

of the day, the named Joseph and to a quiet place, Jean, retireri

Beeting-box, up the opened counteri Then fakings and divided then, Then they threw the box unwary and went off to celebrate.

It was not for three weeks that the police gathered in the couple and bright them Great Marlb: ugh Street, where they both pleaded guilty to stealing £2 s.. the contents of the box, from the charity.

"How do you know there was £2 84, in the box? the magis- trate,

Air Pl Bennett, VC, asked the officer in charge of the

ense.

"We've only the man's word for it," the officer answered

CAN ANYONE DO IT?

MAN anyone go and get hokl of a box?" the ruigistrate asked, Loking at Josephi and Jean, who shifted from but to

"CAN

foot in i dock, like a couple of

traips

Prope

“TH

who have

diri

CHINA*

Established 1949

TUESDAY, JULY 6, 1954.

MAIL

Full Court

Refuses Crown Application

For Order To Magistrates

The Full Court refused an application by the Crown this morning for an order prohibiting

a Magistrate from dealing with a defendant otherwise than by way of sentence

having originally pleaded guilty, but later reversing his plea.

the defendant

Mr Justice T. J. Gould, Acting Chief Justice, and Mr Justice C. W. Reece, Puisne Judge, comprising the Full Court, handed down separate judgments.

Hin-stung

of

an

to

de-

The Crown was represented in that I do not think it can be, the horses not knowing that raised to so regarding it is the by Mr Simon Li, Crown Counsel. | sald Le universul practice they were stolen." I was held possibility of a subsequent plea At the hearing the application | after £1 plea of guilty for the; that this was wrongly entered of putrofois conviet. It is said May 20, upon which their | magistrate" 11 announce" as a plea of guilty and all pro- that If the original plea of Lordships hud reserved their accept your plea and I ennyiet | credinge on it were bad.

guilly were permitted to be aceiston*, M: A. Hooton, QC, you** At what polul then does

There is another class of enseitered to (or

withdrawn and for a plen of guilty become a con- Solicitor-General, appeared

in which it has been held that substituted by) a plea of not The Crown,

vielion?

even though 110 question

and Is guilty.

if the defendant Mr R.WS, Winter, instructed If there is any doubt concern- raised as to the particular wore then tried and for some by Mr A.Y. Hon, of Messrs A.Y. Ing that defendant's ukter fendant's comprehension of the reason objected to the mag- ion and Co., represented You standing of the charge to which charge, a plea of guilty can be rate who tried him, he could Nguu, one

who he has pleaded, it is of course withdrawn 10 men

before sentence, rely on sutrefois convict, as Where a defendant originally appeared before Mr the Court's duty to ascertain as

is charged charge of far possible whether the as accessory after the fact to- Yet us has been pointed out,

defendant understands conspiracy

or not, gether with the principal felon, in R. Durham Quarter Sea The Jo defendants were und mennwblle, to delay ac- the former can be permitted to slon Ex parte Virgo it was held alleged to have conspired In

this year to defraud the plance of the pleu. There may withdraw his plen if the latter that it would have bein proper March

be other reason for delaying is acquitted. I. v. Rowley, 32k change the plan ever after Government by devices whereby, the acceptance of a pleas C.A.R. 147.

pro-the stage had been reached at foxsdstuffs delivered by the Asia where one of two persons jointly cedure in such a case of course which the conviction was ap-

Queen Mary Hospital charged with conspiracy plends is for the court not to accept parently complete.

For should be invoiced to and paid guilty and the other not guilty trial of the principul offender.)

the plea of guilty until after the reason, I would oppeur that de by Clovernment in excess of Once the magistrate has con-

where it is in low open to their true weight and value.

sidered such matters

UTM has

The same practice applies in court (on whatever basis) You was the only defendant decided to necept the plea of joint conspiracy trials.

allow a plea of guilty to bo who pleaded guilty on March 18.

If then a Court enters a plea withdrown and a new plea en- Me Hin-shing Lo adjourned the lity, he will so indicate by

entering 11 01%

record of guilty where the plen istered. 13 must also be proper la hin

followed by words which show regard what would, in the ab- case to be further dealt with by Provided the

matter remains Mr Poon Yan-hol. When Yall there, and whether

that the defendant is under a or not A

gener of the change of plen. appeared before Mr Poon of sentence is passed, it would ap- mistake or that there is some have amounted to conviction, as April 27, he applied through his

pear on principle and on the ambiguity in his pien, the plea void. I do not thi:refore think has been wrongly entered and that the possibility of a plea of solicitor, Mr AY Hon, and was

nuthority of the cases men- granted permission to reverse histioned above that there is a good court can permit its with-autrefols convict is a factor in plea to one of not guilty.

drawal at any time before sen- tence.

Co.

The ground for the Crown's application, which was made by Mr Hootor was that You had legally been convicted by virtuc of his plen which the Magistrale had accepted.

its his written judgment, the Acting Chief Justice sait in

part;

As far as the evidence before this Court goes, tự reasons in support of the appllention were aven; nor were any given by the Magistrate,

conviction for the purposes of the plea of autrefois convict.

end

ed plea of guilty and to enter a not gutity plea in its stead. The

of

(The correct

thi

to

not and

SIDE GLANCES

༣ ས

¤

MR VS Far. D11.

Capt. 1994 by NEA Baryton, Inc.

NEW

SHEAFFER'S

ADMIRAL

SNORKEL

PEN

By Galbraith Sequel To Carnarvon

"This is the third girl getting married this month! What's the idea--are all these people dissatisfied?'*

BRITON CHARGED

LIBEL

WITH

Proceedings Next Month

Albert Francis Bailey, 33, of 340 King's Road, second floor, British by birth, appeared before Mr Lawrence Leong at Central this morning charged Committal proceedings against the with libel. defendant will be heard on August 4, 5 and 6 åt 10.30 a.m.

tus case.

While I take the view that The motter does not

the NOT MUCH FURTHER

power to allow the with- there. however, for there

drawal of a plea of dulity is authority for saying that in Again, if after a plea of guilty

within

the judicial discretion of some circumstances it is proper

has been entered, it comes about the Court, it is academic to die- to delete un accepted and enter- that conviction of the defendantcuss whether the discretion in on the charge would be illegal limited to the classes of vaxta or improper, the court can alter discussed above, for the reason case of Reg. e. Campbell, (1953) the plea. It seems clear also that that in the present case no suth 2 W.L.R. 587. indicates what the couri can

can take such action discretion was exercised. cannol be done. It decided

though ever

the mistake,

facle Prima

The Crown is that aftow sentence has

been ambiguity, or legal impediment entitled to the order asked for: passed ufter a plea

guilty, arly becomes krown to the in my opinion, however, the leave cannot be given to retrnet court after it has accepted and prohibition would The application raises a point that ples. (There in Hung- entered the plea of guilty, pro-

to should not extend to the kung a special

SHOWAT

ver conferred

It is alleged that the de- vided sentence has not been magistrate's power to review by ordinance to revi

review Cases passed subjeet again. which

to the under section 107 of the Magis fendant on or about April in fuct

Hongkong give on

provistons above- trates Ordinance. That being so, 18 maliciously published a equivalent power but which mentioned about reopening a

feel the magistrate might well defamatory libel concern- neet not be discussed now).

it his duty to reopen the matter, ing Peter and in The next question is whether and

H. Sin, Y. H. the HAVE BEEN ALTERED

elreumstances Lt Before sentence. however, the power of the ecurt to permit would be more convenient and Chan, S. K. Yee, knowing it

the withdrawal and substitution not

00 unjust

allow the to be false, in the form of a Where a case is heard upon u

circumstances. One type of a plea in limited to enses defendant's plea of not

to P. H. guilty letter addressed where the principle involved is to stand in order that he may Sin which contained of case is where a plea has been found fendant 15

guilty, it

but

wrongly

siriy to those entered

mentioned take his trial with the others. necessarily the

that an entered

beentise of a misapprehension above. The authoritics do not As the Crown has Indicated following defamatory mat- announcement of that finding is

of the in- scem to take the mater much that the case has been brought ters concerning Messrs Sin, made by the magistrate. There is by the defendant

uffence. The further.

on principle and in order that Chan and Yee:-- then presinnably complete xredients of the

E

in principle there may be a ruling for the conviction, and complete without example commonly given is R. v,

(1915) 1 K.B.D. 512 why the

should not guidance of magistrates, I think

"1. Not ono

three the necessity of formal entry in Ingleson

where the nevused, charged with properly be regarded as one of that in the exercise of its dis-swindling crooks have been able register.

be plea of cuting and receiving, pleaded discretion to The practice after

exercised cretion the Court should refuse that he was guilty "of taking 'judlelolly. The unly objection the order. guilty is not precisely the same.

which does not appear to have been settled by direct authority, I con be regarded as settled that there can be

complete conviction, sufficient to support plea of autrefois convirt, though the conviction is not fi- lowed by a sentence.

even

faཀཎྞ

plea of guilty and the dust have been allered in cer-

relating

given up

give

cause,

V

11

address," suld the officer.

ja

wasn't

rhecked

actually That

"Tell

me about

-

Wis

began to read. Agolngl Joseph there were more than 20 convictions, mostly

case

case).

reasch see m

question

MR REECE'S JUDGMENT

have

པས་

I conceded That the particular line when the plea is taken

cases is

of you

the

to answer to my letter of April B, 1954-thus your silence has damned you and so admitted your gullt.

Mail Notices

The talest thues of posting shown below are those for un- registered correspondence posted M GP.O. Hongkong. The latest posting times elsewhere, which, in general, are "enyller than the G.P,O. times can be ascertained by inquiry at the local office.

The latest posting times for registered articles are generally one hour entiler than the times shown below. Particulars zegütő- Ing parcel malls can be zocartais. ed by enquiry at any post odios,

TUESDAY, JULY # By Air Indo-China, 1 DA Formosa, Japan, Korea, Okinawa, USA and Canadá, § p.m.

By Búrface P. East Africa, S. Africa, IN. Rhodesia via L. Marques,

'P/P),

Macao. 6 p.m.

"2. I know that you will now trydy all means-10 escape from being further exposed- before a Magistrate in an open Court. Your knowledge of your 18 p.m. own crookedness prevents you from an open action-you will try to resort to tricks! You'll

falli

tures

WEDNESDAY, JULY 3 by Als Thailand. 9 a.m. Indo-Chino, France, 2 p.m.. Formos, Japan, Korea. 1 p.m.

Canada.

"Thailand. - Malaya, Indortesia. Aus- traia, New Zealand, 5 p.m. Tormoss, Okinawa. 8 p.m. Japan, Korea. 6 p.m. Ind

Middle

3. "Utterly despicable crea-

like

three-who you cannot even stand up for them-

Ceylon, Pakistan, selves either openly or at all-East, Africa, Great Britain. Europe. must be prosecuted and I know 16 p.m. that the Police must see to this very soon.

"4. 1

undergone five y:ars' preventive point for deelston had not been telther to convict him or positiea thority for the pro-mentioned and can scarcely be said mislead the Courts and obtain

for theft, and he was not long out of a priecas where he had

detention.

Against Jean there wer: Ave

conviction for sterling and forgery.

ACCOMPLISHED

unam.

I settled. He submitted, that if n

person plends gullty biguously to an offence

which

be made of

and

More Arrive

for

Hotel Incident

Contempt Action Adjourned

The hearing of an action contempt of Court

brought

by the Crown against three

merchants was adjourned until July 26, when it came before the Full Court, comprising the Acting Chief Justice, Mr Justice T. J. Gould, and the Puisne Judge, Mr Justice C. W. Reece this morning.

The action was a nequel to the barricading of the Carnarvon Hotel from the inside on the evening

Jubo 14 when Supreme

and Court bailiff policemen were locked out and

of

hotel guests locked in for more than four hours.

An application on June 24 made by Mr W. A. Blair-Kerr, Senior Crown Counsel for writs of attachment for contempt or

Court against Tong Chuen-yip

merchant, of 100 Battery Street, Yaumati, Mo King-long and Cheung Yick-fung, merchants, both of 4 and 4A Carnarvon Road was granted by the Court.

The Court made an order that the writs be returnable at 10

am. today when the defendants should show cause why they. should not be cited for "con

tempt.

Ta his application for write of attachment, Mr Hair-Kerr, sub- mitted to the Court that the action of those responsibil; was "incetinal contempt of this Court and that it must have been abundantly plain to them that night that the process of the Court was being deliberate- ly flouted."

Before Court; adjourned, Mr Justice Rocco ordered one of defendants, who Was the

shirt, to

dressed in a sporta come to Court the next time properly dressed.

Action Against Diplomats

(Continued from Pago 1}

*

tions levelled ageinst L-COL Felchlin and Major McKinney. On July 3 the Soviet Gov- ernment sent note to the United States Government 1 forming them that "competent Soviet authorities

have

estab- ished that the two American "have made use of

diplomats their stay

in the Union of Soviet Socialist Republie to und carry out espionage work have, a

In this manner, engagad con In activities incompatible with their diplomatk status."

The

State Department sald that Major McKinney and his wife were now on leave and would not, return to the Soviet Union Lt-Col. Felchlin and his family would leave Moscow (OR_July 8,

Earlier this year the Soviet newspaper Trud asserted, that a group of American, diplomats travelling by train in Siberia had lost documents showing that

had be they

been spying. ` The State Department refused to

link estabilah any

between these assertions and the Soviet decision to expel the two Ameri- can assistant military attaches.

France-Presse.

British People From Shanghai

Six British and Commonwealth citizens were among the 20 Shanghai residents who arrived here in the es Poyang from the Yangtse port this morning,

say in the man's favour?" "Pppeal. Indeed, that submission (magistrate in proper form under to what may be described as an This is now in conflict

Mr Recce said in part in But these cases do not touch | 2 WLR. 500 in which it was by him. Mr Lo did not comply with upost the points to be decided held that the magistrale having set out above and I take the view the requirements of the Ordinance his judgment:-

in this case and may be said to heard and determined the case that it cenct be said that the con- This Court did not

convicted be of academic interest only in and

functus victed You Ngau. was

But even # There was a conviction und had no the advantage of a certified this case. The point that fails officlo

power to

by Mr Lo there was certainly no decision of the Court records for

the allow the plea to be changed. copy

is---Can

sentence passed by him and, accord It was further

ining to the decision in Campbell'a be-accused persun, Yau Nguu, be

ther held that the ease Lo

functus omelo when he has heart allowed to withdraw his pica of purporting to remand the price the magistrate only becomen strange as it may no

made before the soner on ball for the case to be and determined once

the camo by con. seem, the learned Magistrate stro

re-heard the magistrate had ex- victing and passing sentence. The

sti renaitis, question To answer this question one ceeded her jurisdiction and on whether Mr Poon was correct in Mr Poon refused to supply

therefore, "But!

a considera-order of prohibition would lie. allowing the plea of guilty to be to the Honourable must, apart from ¡ copy

that the withdrawn in the circumstances of he tion of decided cases, examine It must be observed Lodging Attorney-General, but

ample authority, in support of Mr permitted Mr Leung Yung the provisions of Section 19 of defendant pleaded guilty, that this case. There would appr

the the Magistrates Ordinance to magistrate convicted and Megistrete Poon's action.

In Rag. v. Clouter and them, and keng to copy the records. Bscertain what the Magistrate passed sentence.

Heath (1859) 1 Cox C. C. mentioned in R. the magistrate with a sigh.

With the possible exceplica Plummer (supra), Bramwell Tik learned Solicitor-Generalii is required to do at the hearing The policc-cmeer

submitted in support of the of a complaint or information. of the statement in the judg-itowed a prison to withdraw ha motion that it was legal heresy In my opinion it is clear that ment in Blaby's case that a plea of ulity, inasmuch as he hed that he by that # plea of guilty, properly the local law makes it impera- plea of guily would equally be mistakes Cars fcally belong day you three scoundrels go to recorded can be changed, but he live on the magistrate at the conviction"

none of these to another class of caso Atrendy gool; never again will you

10 bo a genuine authority for Ule a plea of guilty in case before the Court, for there l

judgments by fraud. a conviction. 1 is clear that no suggestion that the plea of guilty make an order against him and the bare plia did not amount to

was entered by mistake. sub-section 32 of the ordinance the convictien; there was an permitting withdraw." Authority for

Bo far we have

The defendant was allowed requires a minute

of a bles of or memo announcement in court by the railty before

·boil of,$1,000 on condition that in law he can commit he is con- randum

sentence. passed but ho Burrendered his British victed on his own admission conviction or order de, and the magistrate that he had convicted reda Margaret Blakemore's ears passport, if he went out on bail, and that conviction is final and conviction or order shall after conviction.

that

Cr. App. I. 49, a plem of quiky was held to be a

was wihdrawn even after sentence cannot be reversed except on

upon the ground thai she had not wards be drawn

up by the Campbell's case the nearest offence when she entered her ples. understood the ingredients of the with the "Only

hand and seal.

authority in support of the declafon in Campbell's enso. hungry."

In The King v. Frank Crown's contention, but it must

HAD A DISCRETION

& Company, and two children; Mr. Marks, whoće: American- The

Sheridan (1937) Ï KB.D, at 223 not be lost sight of the fact that

For where a to which the learned Solleitor- there was in Campbell's case

the

which

Mr. 3. Griffiths, - an Australian, owned firm of Ateller, Arcus, is wouldn't give me nothing." defendant pleads guilty and the General also directed attention (1)

have given it Is my opinion

Mrs H. Crockett and Mrs P being liquidated, went to China Joseph put in.

a conviction and (2) that the magistrate had a discretion

Bignat and

Pro

Evadocia, hey must have had a good Court is satisfied that he under the question was whether the passing of sentence which the

In 1999, He is going to Brazil to allow the plea of guilty to be

Summary 0.017, Melody stands the effect of als plea and defendant had been convicted Court of Appeal held to be a not guilty.

withdrawn and to entar a ples of with the

Mr Grimths, who had been in for resettlement. Blare-from reason, and I think I can guess cer whni it was," said the magis-accepts the plea, further pro! and could successfully raise the hearing and determining of the discretion and allowed the plea to

He exercised"

Broadway Shanghai for the lost nine years, that Productions 8.30, Dandaland. Fan-

Father Lacretelia was ex fares and Marches by the Band of was the proprietor of China Coal pelled after having been detained is not necessary and the Court plen of autrefois acquit. It is case Awhich rendered trate. He naked Jean what she

the he withdrawn.

the Royal Military school of Mule and Equipment Led. He had for the last 13. may proceed 10 Judgment sumcient to state that the Court magistrate functus officio. In- I think it in a matter for regrat hod to say, and she answered against him. But there appears

and the Boys Artslary, Band) 7

months. He had which tried him heard the deed that would seem to be a for allowing the

that he did not record his reasons

sendal boen wading for an exit permit been in China for 27 years. wwinst. Hearing" him with a

blcak

look and to be no authority which says evidence on both sides and an- matter of common sense, apart drawn and that he did not put a

ples to be with-

Pers Kitach 700, 14 Demi-Her eince his business was liquidated Frmonie (studio)? 2,50,

Also among the "passenger" silence.

that 'that plen· la final and can- nounced that it

Ieports. Tüne · Bignal und World)

and year

a. half found him from any statutory provision record the grounds relled on by Mr

ago, `He said Į arriving "Well, I can't show any sym- not be withdrawn.

from

Shanghat this gulity.

relating to review, which I do impossible, to say that the divers-

ho is Hon for the withdrawal, but if bi- News London, Belay); 310, New

(London Italy) or Special

morning was Mr. Y. Soares pathy for anyone who atens charliebie

It is to be observed that In not propose to consider. Intian was net exercised property.

on with his Chinese wife Ha-wah Announcements: 8.15, Canada "Call- There is no question that, finds," kaid the

ing Become Lage derias of leave no Campbell's case Lord Goddard Fle, opplication should be refused in

nd three children. and the pair where the plea is ambiguous Sheridan's case there magistrate, and sent

Imperfect, or unfinished and the question of retracting a plea of emphasised the necessity of the

Tammon by the International Ber was the circumstances.

Mr F. Koren, former Air Soares to prisen for three months,

was formerly with Vior of the Canadian Broadcasting Charge d'Affaires of the Norwe-Swiss match factory in Shang- 1. desire also to put it, on record Court of trial accepted it nå a guilty and the only point of announcement of the conviction, i thất) the

in my opinion

Corporation on life' In Canada. Mournfully,

partners

сам for for, after considering Sheridan's 'mhould, pay more attention to that pien of quilly, the plan would real interest in thin

*How*w* live”- £30. Ferows Favour: gian Legationin. Péking...a Mr | half the limped out, like figures in a

be set aldo oneppeal.

Our purpose' is the pronounce- caso, he said "If the Magistrate, that is done which is required to be

Musical Notabook presented by the years ago, was relieved

which pogeent presented by a charity

'done by the Ordinance under which

ftev. "Waitr to show the world's distress, and }-

hat that topport. » the

for a conviction.”

(quadlo)1.050, The Rhode Scholar, M. Geelmuydem. support

MANTYCJE clear that Hám touch, the hoorts - bad purso-

proposition that

wills(ECTS): LOVERY,W/lour and strings of the world, where a defendant pleads gulity for the purpose

And #o Rocomplished wore to a charge or offence which ha these two that in spite of their cannot commit such a plea is sentencore must also be s

there anything you can

by the learned Sollel.or- that he says he was

General is the maller to be de- elded by the Court. public assistance It is settled thot

.

WAS

imagistinies

Radio Hongkong

I.K.T

Time

They were Mrs D. M. Liddell, Jesult, Father F. G. Lagretalle, wife of a member of the well-of Paris. known firm of Liddell Brothers

Ret to Flydney,

stes, London Relay); 9, Time Sigoni. Koren, who went to, China, four.) Match-Amhers

Far Eastárs

Mr closed laas" yoursmiles

wa

Further, there is authority to| ment that it was not the law announces a conviction, there they are operating thle care the Writing, and (už negated Colin ..... Other úrrivals included Mr-1 than' 30 years in Shanimal," Ho

conviction

of autrefois

convict

Also cited by the fearned looks conviction on such a plea cane: Bolicitor-General was Reging v.

ino: bo, spalained.

Campbell-Ex. paray Hoy (1083)

|

moán crime there was more, plty, hot, raw valid...plen Sand; a Jhan indignation Yo the that followed them out.

* Exercise of a Bille rare to see that

Soares had spent more

"⠀ DID NOT COMPLYquirements of the Ordinamon by the John, Marks of it Jewellery was married in Hongkong Ave.

32. had been compiled with in the tint But in the case before us there ploe would have saved sil, the pers

Brm of Atelier", "Arcus," and "a" years ago. In this applications a great ideal” powaible that it would not have, bene trund la be necessary to make the Application.

was no announcement by Mr. Magi irate Hiền... – Shing Lo Chas her had copied, Yau Nemu. Var from 11: the record aborwa, that he panandi tha eces to Me Poon to be dealt with

* Printed and, published by WHLKAMERAINGIE ACTRESS and on behalf of South) China Morning Post Limituar ata Wyndham Street, City of Victoris, in the Colony of Longlen