1954-12-09 — Page 10

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Challenges Bailey

Legality Of

Libel Proceedings

At the opening of his trial for alleged libel at the Criminal Sessions this morning, 33-year-old merchant, Albert Francis Bailey, challenged the legality of the proceedings against him.

He contended that the Attorney-General had no power to file ex officio information for libel against him. Quoting a legal authority, he said that this was only done in cuses of such enormous dis- misdemeanours as intended to endanger or turb the Queen's Government or to molest or affront Her Majesty in the regular discharge of her official functions.

He read from a book entitled "Colonial and Amore Attorney-Generals" where

11

"Even the Attorney-General has not accused me of molest- ing or in any way Insulting Her Royal

| Highness," Bailey declared, former Chlef Justice of f1ng- Bailey faces three charges of kang was quoted is saying "hout having maliciously published he ever exactly knew who slefumitory libel concerning twa the functions of the Attorney- olleitors. Mr Peter II. Sin and General were although he had Mi Chan Ying-hung, and a mer-alled that post; and his prede- chant,

Mr Yee Shlu-kee, Twe cesor had said that the Hong- Jelters and a carbon copy of Kong Attorney-General did not one of them which he is suld

have the powers of an English

to have sent to these thice men | one.

L Apill WITC reut 1 the charges.

PROCEEDINGS IN ORDER

the

Bailey pleaded Junie Jon. He pleaded Not Guilty to OUTRE

Atta lengthy argument by Batley and the Solicitor-Gene:u), Mc Arthur Houton, QC, who la

alley contended that accord- Ing to the book the Hongkong Attorney-General had no power to lay ex officio Information for tibel, but the Queen's Attorney. General had because he held a commission under [E signed manual. The Colonial Attorney. General held only Warrant

'ABUSED POWER'

pusevuling, together with Crow under the Governor. Bansal, Mr D. N. E. Res. M Justice J. Reynd: held that the precedings were in order and! the trial carried on,

As convened,

soon

the Court Mr Hooton Exp nounced that some 10 or 16 minutes ago lie had been handlert by Hailey a plea of justification of 33 paragraphs on some pages of typewritten script.

declared that as

Mr Hooton

six

some of the maiters appeared to him, he would re- be fresh

quire time, at some stage, to andy the plea before he was called upon to cross-examine.

The Judgo

decided that the (mpanelled and Mr Jury be Hooton open the Crown case to prove publication and when they mrrived at a stoge necessary for an adjournment he would grant

alte,

He a fold Bailey that he bad permission to subpoena any wilnest he thought necessary.

Ballege explained that he had

|

"Even

bis

Power,

it we were to follow the laws in England on the matter of ex officio information,

will be

found that the Attorney-General here again has

abused utterly Bailey declared.

He produced another authority, Archbold's Criminal Proceedings, and read a portion dealing with usual objectives of ex officio Information. Bailey read that this procedure was used properly In enormous misdemeanours in- tended to endanger and disturb the Government or to molest or

affront the Queen in the regular

ncharge of her official functions, Balley pointed out that even accused him the Attorney-General had not

of molesting affronting the Queen.

CHINA MAIL

Established 1945-

THURSDAY, DECEMBER 9, 1954.

CLEANING UP THE DEBRIS

A workman clears up the debris after yesterday's fire at the offices of Rediffusion.

(Staff Photographer).

Tam Shun Denies Counsel's Suggestion At Rape Trial

Tam Shun, the complainant in the trial of Dr Ng Yuk-kin, 49, charged with rape, denied at the Criminal Sessions this morning that she was the type of person who was prepared "to make up anything" to suit her purpose.

The 24-year-old seamstress to the doctor by four persons, was being cross-examined by and termed this "an extraordin- Mr Brook

Deary feature" of the case A Bernacchi, fence Counsel, in the second day

A CLANSMAN

his questioning. Reming of the trial,

Tam Shun if Counsel asked she knew the name of the two men. Witness said the young of hers,

The Indictment alleged that on August 23, 1954, the accused had carmal knowledge of Tom Shun without her consent at his clinic at 496 Nathan Road, first floor,

DURING EXAMINATION

man was a clansmun but she did not know his name. She did not know who the older

man was.

Questioned as to her condition The Crown's contention is that the alleged offence wax com-when she first went to see the mitted in the course of medi- accused, witness said she did cal examination

com- not have pains anywhere except Asked I sho stomach called at the her plainant who had

recoil suffering from clinic for treatment

noises in the head and ears. stomach pain.

of the

# could

A special Jury of seven men she said she could not remem- Mrber clearly, since so much time

had clapsed.

the case before

Or

is trying the

Justler C. W.

He said that not in the lust 44 years had there been such libel

case and alleged that he "neuitious was accused 1101 put tra a demurrer béenuse offence." he did not think it would reach the matter in this care.

ww

RAISED MOTION

Fle said that when criminal information for libel was laid then it was universally acknow- Before the Jury were called,ledged that it must be done right Bailey raised a notion to have away. The legal authorities all the ex offieto information of the seemed to be of the opinion Attorney-General removed from that for such criminal informa- the Ble. His grounds were that (tion to be laid the crime must AG has no power to file this in- be an enormity and if it formation for libel and the pro- ut so then there was no need ceedings were therefore legal. tor such information.

DANGEROUS LIBELS

different perSONS.

"These charges were formally taken against

Cat mc

for A

wns

C. W. Becer,

Mr W. A. Bintr-Kerr, Sentur Crown Counsel, and Mr Simon Ll, Crown Counsel, are prosecut-replied ing alsted by Detective Inspec-question once for W. Watson. Dr Ng is

A. da Silva.

defended by Mr

M

Asked speciftenlly if sho suffered from constipation, she with the No. Faced

again, she said she could not remember.

Mr Bernacchi then handed to DEWB- the witnes a Chinesa Bemoecht instruc.ed by M

paper. and a ked if she could Continuing his eros-excinina- read. She said she could not, and

The characters tion of Tun Shan from yester-knew only

whether

own name. day, Mr Bernacchi asked if she

PRESS INTERVIEWS aware that when

Counsel asked her whether she put his hand around a woman's

to had given any interviews waist H

性 step wardsxual intercourse. Wit-members of the Press since the

started in she not proceedings ness replied tha

was

wis

27

of

LARGEST WRITING

MILEAGE GUARANTEED

SHEAFFER'S

Fineline

'500'

RETRACTABLE BALLPOINT PENS

Kenya Government Prepared To Talk To Mau Mau Leaders

London, Dec. 8.

JOHN CLARKE'S

CASEBOOK

The shock

treatment

Twas mid-morning, and

The Colonial Secretary, Mr Alan Lennox-IT down a mean street

near King's Cross there

A

Boyd, told the House of Commons today he knew the Kenya Government were ready to consider lurched and stumbled any approach for mass surrender of Mau Mau little man, who, with out gang leaders and to discuss with them how this stretched hands, clutched at could be effected.

Mr Fenner Brockway, Labour, no one was brought for trial had said thousands of Mau Mau under: there was evidence he follovers bad assembled In was an active terrorist or helper. readiness to lay down the'r aTĪNS I was only right to remember last Aprii. het Iz evidence that since the Mau Mau atroel- many of them are prepared to ties began 1,310 civilians, of surrender," Mr Brockway had whom 1272. were Africans, had said. "Is it not time negotiations been brutally murdered-China were renewed to prevent the Mall Special, lors of life both among Africans and Europeans?

Answerlog other questions about Mau Mau, Mr Lennox- Boyd and that lo September, October and November a total

of 143 Africrowa hod deen executed in Kenya.

MURDERS

Twenty had been sentenced a murder charges.

Mr Fenner Brockway, who asked for the figures, said many people would be shocked by the answer, for indicated what

small percentage--one in seven had

Ог

am-

and grappled with the nir about him, as if it was curtain or a blanket through which he had to fight his way.

The name of the man was Jim, His curly dark hair wa. {I} kempt and a two-day stubble blued his chin. His lean faco was pale and drown; his eyes were wide and staring, a; If he had Just been witness to some terri-

'Resign' Callsigh

To French Government

Whistling,

Paris, Dec. 8.

booing

On and oh he weaved, almost inio the arms of a policeman, who, in between propping Jim up and trying to make sense out of his rembling incoherencies, come, correctly, to the conclusion that Jim was drunk.

THE SECOND TIME

and THE policeman supported his prisoner to the station, shouts of "Resign" greeted where he was charged and then members

Pierre put into a cell to sober up. This Mendes-France's Govern-mirselo occurred much moro

M. of

-of Africans executed been charged with murder,

He urged the Colonial Secre.. tary to speed up modification of ment tonight when they quickly than might have been

expected the penalties so that "the House defended the Government's

Towards the end of the after- might have some moral backing policies at A to denounce the more serious the moderate Conservative ball, with instructions to appear congress of noon, Jim, was frood on his own atrocities of Mau Mau."

Mr Lennox-Boyd said the parties.

et the Caripenwell Court next represented G certain A brief sight broke out during | morning. sir Uld not say she went there figures

number for murder and others part of the proceedings, at the Jim loft the station and took three times.

Bist you Counsel:

Bald you for possession of arms

back of the hall near where a bus to South London, and munition.

Police Commissioner Jean Dides, there, in the evening repeated went there, without result?

sald Mr Brockway

that in recently Winess: Perhaps, my flow

dlaamissed from the his performance of the morning. view of the animosity which Parts police in connection with He was arrested again for being workers told them.

very the nation's defence Did you rise say you had been existed in Kenya was

leakages drink, in Balham..

As Clerkenwell had, so to to ve me (Mr Bernacchi)-No, easy to place ammunition in the inquiry, was sitting. I did not say say: "He was too

hut

of someone to whom others

resolved that speak, prior claime upon him, it The congresy You

ali no!

were antagonistic.

the parties accepted a Big was to that count that Jim was The Secretary for the Colonics | Four conference, the fussions delivered next morning. said extreme care was taken and must give proof of goodwill by ceasing to obstruct a settlement of such questions as the Auši

LE was shown into the dock STORMY RECEPTION

him were read out; then a third M. Jacques Chevallier, Secre was added, to the effect that he tary of State for War and Mayor had not yet paid in fuil a £2 France now had 170,000 men drunk, fast July.

busy to help me. No money... no wonder?No.

The truth is, Madame, that you inc to see me?-No.

I suggest I sent a message out to you saying that I regretted I could not see you as I was al- ready consulted by Mr Silva.

I do not know about the

before

GERMAN PLANE trian Treaty and free elections

MAKERS

*

IT'S A SICKNESS

and the two charges agatont

message. What kind of meager BEAT THE BAN ers, told the congress that fine imposed on him for being

"MAKE UP ANYTHING"

ban

In

the

In a weary voice Jim pleaded guilty to all three.

"Why didn't you pay?" the magistrate, Mr Frank Powell, asked him.

under arms in North Africa- London, Dr. 9. f

Over suggest you are the type of

before. The German Daznic organisa.more than person who is prepared to make

then has celeblished an offshoot Tunisia there were 50,000 com- up anything If it suits your in Spain and built its first new paced with 12,000 when purpose.-No.

I would not do thate to set sourd the Government took offer. such a thing.

Germany's M. Chevalier had a stormy With a rush of words, as if he Re-examining, Mr Blair-Kerr post-war

it was dia-reception,

feared his time to speak would referred witness to her remarks aviation activities,

M. Paul Reynaud, an ex-be limited, Jim cried: "Getting that the case had dragged her closed today.

Latest design from the firm Premier, said it was shameful drunk's my trouble. I'm always down," and need her to explain

turned out which

frets of for the French Government getting drink. It's sickness this. She s.cted that since the case started, she could not find a bombers for Hitler's Luftwaffe seek armistice in Tunisia with with me. The doctors sa

who had murdered I'm going in for shocit treatment sa light utility monoplane called proply Job as she had to attend Court the DO-25.

French settlers.

on Friday." from time to time. Also, when-

Details

siremt are

He said the Paris agreements "What sort of treatment of tho ever she went oul, a big crowd

given

the in

on bringing West Germany in- 1954-55--edition

this?" the magistrate asked. always followed her.

to the Western alliance would nir-

"I believe it's something

to ot Jane's "all the world's Replying to other question, craft," authoritative internation

alified in the National dock him out of alcohol," said witness said she could not real work of reference, publishedeeming to hint that he would total, or as near as possible. 1 Assembly "by the abstentions a policeman, "to make him tee-

thie applied for treatment oft his own bat, sir."

ba

know, a she had never scen surn | Mogistracy. Witness replied that member whether or not it was į to the recent Paris agreo like the moderates to obstaln.

a thing before.

TRAGIO PICTURES

the

they visited her and asked ques- tions.

before or after the Police arriveti

Asked

if she knew what a kiss She admitted telling them Bailey suvict that The threa❘mitted that there was a statu-

was, she replica in the negative, that she was dependent on her charges ogyst

him were, in tory provision that the practice

Asked if ever went to the alster for her livelihood. Asked

she reality, two charges for the last of the Courts here was the same flims, she said she did ro occa- by Counsel if this disclosure charge concerned a carbon copy as in the United Kingdom. In scaly, but in the pictures she was true, she asited how else of the letter in the second charge other words, if the practice in

herself if wen! to, there were none of the she could maintain. and both were published at the the U.K. was to accept informa-

kisses

by described

Defence she had no work. same time. He agreed, however, than filed

Witness added that the esse by the Attorney- Counsel. The pictures she went that they

wore

sent to two General

had dragged her down so much to were tragic pictures. Inisdemeanour, that applied here. The Attorney- Mr Bernacchi asked witness so that she was unable to find General

allowed to file in- wis

why it was necessary for four work, after the incident at the did not clinic. She formation as opposed to an in-

her on doctor's persons to accompany Magistracy and were dismissed dictment for a misdemeanour,

she came to her Arst visit to the doctor on agree that since

Hongkong. she was more or and the legislature of this Colony August 27. She replied that, by

on her chance, Iver fellow

less dependent workers

sister. deliberately gave the Attorney- General power to file ex officio

were off that day, and they de-She had had employment as information. This right sprang

cided to accompany her there. seamstress.

Turning back to the interview from statute here.

When her stomach pain be- came more severe, she continued, with members of the Press, Mr sono of her friends sent for Bernacchi asked witness if sho ter aunt Wong Yee-sun. told them she had gone three Wong recommended that she see times to the Women's Council,

with

the

the consent of the Attorney-General

October on 27," said Balley.

He went on to mention the point of nolle prosequi, but Mr Justice Reynolds declared had nothing to do with the caso os Bailey was not charged on in- dictment.

Bailey

WHIS

contended

that Mr

VEXATIOUS CHARGES Hopton had not gone into the Dr Ng, but someone passed awithout any result. She replied

These point of his argument that the remark that that doctor would

Bailey continued

the authorities the Attomey- character General hos no such power. He government

is using ex officio information Hot

mo.

as a writ of certiorari to remove

He sald "I have two from the Magistrate to this

charges brought against Court hoar that which he One was given up by whim of

to could not properly have com- the Attorney-General

and by mitied for trial"

Mr Justice Reynolds called his whim again I am called upon upon the Solicitor-General to the

now. None of necessary to the contention lay such information can poeal- reply only on that tho Attorney-General,

a Colonial one, hoa nobly by any stretch of the im- being power to file ex officio informa-gination, be said to exist in

tion.

to answer one

ingredients

this case,"

}

Radio Hongkong

end

charges are vexatious and from Ubel must be of such a gro«G charge an exorbitant fee. An- Trisoned as to endanger the other fellow-worker

or provoke public that if the treatiffent was good, It did not matter if a high fee Hibel was paid.

H.K.T.

Time HAD A LOOK

0 p.m..

Gignal Counsel then asked witness if programme summary; 10. he was right in saying that after italt Hour presented by Robin Day (Bludio): 6.350, Portuguese Hall Hour the doctor had left the clinic, cn (Studio): 0.69, Weather Report; 1. the occasion of her second vialt Time Signal and World Nawa to him, Tam Tim (her sister) London Relay); 7.10, Commentary London Relay).. or Special 40- went out and returned with a

nouncements. "My y Lifter man, who had a look at her.

A personal account by the Rt. Hon. She agreed.

Sir Winston Churchill. Adapted for Witness said she could not broadcasting by Captain Charles Parr. M.A. No. 3-“The Annouted remember how many minutes | Train""" (Recordest); 70, Latin Mr. Hooten referred to a case

coming Songs, Patrico Mundel (sop,) with Mr Justice Reynolds held that Tam Tim took before two years ago when the pub- the Attorney-General had power Inter brought in another man, a

back with the man. Tam Tim Al Goodman & his Orch. 1.48, The Auxillary-Fire Service. A/ Talk" by licher and proprietor of a to nie the ex officio-information

Buperintendent A Drummond; Chinese newspaper, convicted of in respect of any alleged mis- younger one, as well.

466. Iniartuce: Musical Notebook sedition, apposted. Hore thero apricancur which nuded t410 His Lonship here asked Coun- presented by the Rev. Tather 1.7. tyan, 8.4. (Btudio); 8.00, Take ti was considerable argument on present charges before the Court.is, in this regard, Mr Jimny zawards With Walachiton

cel what the value of the ques- from Store. Diak Daniloy and the validity of ex officio In The Attorney-General had com- formation although the difference plote discretion in the

Cogan,

Whitfield matter Bernacchi replied that his con- (BBCT)); 9,Trime - Bigost... Bporte between an English: Attorney and the exercise of such distention was that, if this was not Review (istudio); 9.25 Mariad Year Gomural-bred a Colonial one wil cretion was

was not open to reviews he put his case primarily Celebrations (Recorded

at the South not argued.

that the complainant was taken Closing Ceremony Sediion, Uke libel, was A

A Jury of two women and by surpelse by Tam Tm, then Ching Athletic Association. Bladium misdemeanour and the power of five men were then empanelled. The role of the matter went very collected, Robert omelo information went to any anained Aut. He asked, the misdemeanour, rubenitied Mr Juror whether the web any Hopton,

* velation of “Die Au of the Urban After reading portion of the Council" and when theply Full Coure sudtement in the midle. Was #No? Badey declared, he

Life Höstóri mtb-, had no objection to hit serving."

by thig Court,

Alma

June

Carolina - Jill; 245,, AV Uhe · Opera,

well laid plan.

Choralar (Robart ... – Shaw, - conductor)" and RCA Victor Orchestra cond Mr. Bernádchi·referred to Renard Cellini: 4.1045,0** Bor 'the Incident of the two men strings": · 19,30 % Westrum Baper coming in within a matter of ime malo fadio jewelin minaries and the fact that the mins Munor doc, Rave

Borded? London Bally)R complainanta was 'accompanied | Ti30; Chen Down:

оп

at the clinic that the young men ments

sred came with Tam Thm to look at sovereignty

ratified, no aro her.

The next witness was Tom Tim. can be manufactured She said she was 33 age, and lived at 43 Reclamation for Street, first floor. Sho

German West

rearmament civil aircraft in West of Germany. The new Allied plans that Germany visualise after ratification Germany will be able to build planes, includ- ing military aircraft but no long-range bombers-Reuter,

was an

amah by occupation. She knew the complainant all her life.

Hearing is continuing.

SIDE GLANCES

By Galbraith

"the

A LESSER EVIL

another

believe he's

I CAN'T GO ON

M. Antoine Pinay. ex-Premier (who was grented with crica of "Pinay to power," and the agreements were "COULDN'T be have it in lesser ovi" which might servo prison?" the magistrato as a starting point for a more asked. "I should think prison

organisa- might help as a shock." complete European tion.

Jim's despairing eyes were on "Their effect must not be de- the magistrate. With sudden ferred by a suspensive clause," bright anger, as if he felt he he said, apparently referring to was being mocked, he cried: General de Gaulle's recent sug- "It's pleasant, I fall you, gestion

agreements, this treatment I'm going in- for. when ratified, need not go into But I've been like this for pine effect until it was certain that no settlement could be reached with Russia--Reuter.

that the

Mail Notices

The test times of posting shown below- kre Chosa far ma- registered, correspondence postad ***G.P.O, Hongkong, The latest posting times "doowhere, which, la_general, are earlier then the G.P.0. tjues can bị ascertained by enquiry, as the local emce.

years,

not

and I can't go on." "Why

src

you

60 weak- wiled? the magistrate asked.

This

fuck of sold- is simply control"

"Oh, it's easy to say, that," mid

Jim. "I've tried to stop it. I had a good job. But as soon as I've money, I just drink and drink

The doctors have, and drink tried to find out why,"

PART OF TREATMENT

ristered articles are onary JUST lack of self-control,

generally

ons heur aurifer than the times shown below. Particulars, rézard. ing parcul maila can be notertain- Led by enquiry at any post once.

By Al

THURSDAY, DECEMBER S Phillippines, N. Barneo,

"ny SurfacE Pakistan, 2 p.m.,

Kores, p..

p.m.

Australia, New Zealand, 8 p.m.

Macro. p.m.

BAR PRIDAY, DECEMBER 10

By Alth

Philippines, à.m,

Theland, Burma, india, p_a.m.

U.B.A.. 11 am.

Indo-Ching, 31. mai,

the magistrate repeated. "I can't help it," Jim sald, on the downbeat of a sigh. There was self-pity in his ploding: but something stronger, too, 2 pertaps, ut failing whèn hoi braced him elf up to face the unpleasant cure.

+

"Pay 408, or. go to prison for sold the magistrate. meritis," "Thatll be part of your treat- |mental

Jim shuffled away. A géll-door shut en hlm.” “It out, bime off

Formoss, Okinawa, Japan & Kores, | from meïts=kfel":from(his' great

18psa, 17,8,A... Canada, # pm." Mairya, Indonesia, Australia, New

China People's Republie; 9.30 xan.

good re-pluțiari,

|| Rubbish Van Fire

A Sanitary Doparin

{fro "in" "KwoİNE Afrion:"27, M. 19, about 0 o'cloc