1955-01-27 — Page 10

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1845

THURSDAY, JANUARY 27, 1955.

JOHN CLARKE'S Summing-Up Sir Otto Lund Departs

CASEBOOK

A bit of a gamble

In Bailey Trial

"A person is not a rogue and a criminal just because continually calls "Frehim a rogue and a criminal,"

N the charge sheet the someone

words appear:

quenting a gaming house." Mr Justice J. Reynolds told Albert trying and you picture man the Jury

"

Francis Bailey, 38-year-old being Jured into Home

charged with luxurious enchanting sink of merchant iniquity that is all quilted three counts of libel, at the

('riminal Sessions walls, and chandeliers, free champagne, und ivory chips morning. rattling insistently like cicadas in the wainscoting.

So imagination would have R, and may be that there are ** London places such as that.

But the geming houses whost frequenters are brought to the Wes! End courto--Marlborough Street and Bow Streetare a different sort of a:ticle.

DOUBLE-PACK RUMMY THEY are upstats rooms over

Soho egle,

basement reoms under bookmakers' offers Tea ant 12691 champagne drunk, and instead of barezral mud

the ustat chemin-de-ter game played seem to be one with the nursery-sounding name of "double-pack rumuny."

Diligently the police raid these

of these who gumbic. A arrests follow, and the gumblr.s tum out to be Greeks Cypriots and Turks, who

haunts

score

like 120TC O

this

His Lordship, who was sum- ming up the case for the Jury, told them that similarly, a docu- inent was not a forgery just be-

kept case somebody ferring to 11 as a forgery.

an FO

Mr Justice Reynolds was re- ferring to the allegations inade against the complainants in the case, Mestre P. H. Su, Y. H. Chan (solicitors), and S. X. Yee managing director of the United Chinese Bank!.

Bailey who conducted b own defence, is alleged to have published defamatory bels in the form of letters 10 the coin- plainants in April last year.

Mr Arthur

qc. Hooton, Solicitor-General, und Mr Orown Counsel. Roa, prosecuted, assisted by Det. In- spector H. A. Dudman.

D.NE. 16

aut work

as waiters in Soho and are puz- zled by our gaining laws.

They plead guilty, crowding round the dock and are bound Y in varying sums nut to frequent gaming houses (or not to be caught so doing) for the next six or twelve months.

T

other

WDB G

I NEVER KNEW Bow Street the A morning. there gaming-house case, and every- ane pleaded guilty, as was do be expected everyone except ene young Englishman,

Ho, when the charge was put to him, said: "1 never knew 11 was a gaming house. I was just having a cup of tea."

"WEARISOME CASE"

Jury

His Lordstup told the that the Court had come to the end of a long and wearisome

TUE

direct these

After giving the definition in that for luw of libel, he said that purpose, he would

each of the Jury that letters written by Bulley were capable of bearing defamatory meaning. Now it was the Jury's function to say whether or not the letters were in fact libellous.

In deciding that, they would to the terms of have to refer

Turning to cach of the letters. the first letter. that written to Mr Sin, His Lordship pointed out that there the three com-

addressed a young plainous

three slimy secundreis Jeft

The "three very dirty crooks." three were also accused of gel- ting judgment by fraud.

The cases of the others were disposed of, cach was bound over in the sum of £0. They and

the away.

WDS

went

Englishman, George,

alone in the dock.

of police

A superintendent went into the witness-box, HOW DO YOU -KNOW?

were two tables in THERE

the room,"

ORO a number of

playing

de-

were

and

Social Welfare Expert Here

Sho

by

Miss M. L. Harford, OBE who Is on a lecture tour in the Far from Bangkok East arrived yesterday. Miss Dorothy Lee and Miss J. Tomblin, assistant

representa- tive of the British Council.

Was met

A

Harford small

Miss Harford will only be staying 24 hours in the Colony, and will then continue her Journey Japan.

During the war Miss

to sceretury was wotnen's group on public wel- fare at the National Council of Social Service. This group made the conditions an inquiry Into of mothers and Childre cvacuated to the country the wor.

This Inquiry resulted the w

book in the publishing of a "Our

Towns

a Close Up". written by

beron Miss D. Ibberson, which became a best seller.

Another leder, he went

of Recused the complainants he said.

"A being

"three swindlers" and men were "despicable creatures" It went double-pack Tummy. on, "...I anxiously await

where the

day you three scoundrela ga to was sitting. → game guol Never Amin will had just finished, The defen-

mislead the Court...." dant

that table, and when he was arrested he said, "Give me a chance."

At the other,

rendani

was at

SOLE DECISION

you

It also influenced Sir Winston Churchlü to include

Otto

Licut-General Bir

Commissioner-in-Chief

Lund,

of

St

Ambulance John Brigade, left by CPA plane for Singapore this morning after Sл eight-day official vialt

Before boarding his plane, Bir Otto inspected a Guard of Honour mounted by members of the St John Ambulance Brigade.

of St

Among these seeing him off were Mr Fung Ping-fan, Commissioner

John Ambulance Brigade, Hong- koog, Mr F. S. Coole, Chair- man

of St John Connell, Brigadier Cholmeley, Oord- mander, Hongkong and Kow- toon Garrison, Brigadier T. de F. Jago,

Royal Artillery, 40th Division, and other officiala.

Picture by staff photo- grapher above shows Sir Otto Lund bidding farewell to Mr Fung Ping-fan,

SUGAR FIRM BLACKLISTED

CLICKER

--BALLPOINT

How Availablo With Petes, Fina

and Medium

Points:

SHEAFFER'S

THE QUIE CASE: THIS MORNING'S EVIDENCE

STARTS INSTANTLY: AND NEVER SKIPS

Plaintiff Admitted To Hospital In Nick Of Time Says Doctor REASONS FOR INSANITY 15-YEAR

CERTIFICATION

Dr P. M. Yap, Government psychiatrist and medical officer of the Mental Hospital, expressed his opinion in the Supreme Court this morning that Mr Joseph Leslie Quie, plaintiff in the action against him and two Government colleagues was admitted into hospital "in the nick of time,” Giving his reasons for certifying Mr Quie insane on March 31, 1952, Dr Yap said he was a danger to his wife and daughter, to himself and was in danger of ruining himself financially.

Mr Qule was also very panicky, being afraid that the swelling would affect his heart, but he calmed down again with treat- ment for the swelling and he was later discharged in the care of Mr Dodo, who had newly ar- rived, and of Ronald quie who had signed a form taking over responsibility for the patient.

SENTENCE

Murder Appeal Allowed

Sentence of 18 years* hard labour was passed by the Full Court (comprising Me Justice JR. Gregg and Mr Justice J. Reynolds) this morning on Chan Kau, alias Chan Kal, 37-year- old clerk, whose appeal to the Privy Council against his con- viction for murder was allowed.

Chan Kau was found guilty by Jury of six men and one wemon on December 23, 1953, of the murder of Chan Fook and sentenced by Mr Justico C.W. Reece to death by hanging.

The case is-being heard be- ↑ such a person is under a psycho- | Dr Yap said that at this time tore Mr Justice T. J. Gould, the logical stress, and he has had Acting Chief Justice and moments of depression."

Q Júry.

(In answer to the Judge, Dr Mr Quie is sung for damages Yap explained that frustration for alleged Injury to himself in being controlled against his from the defendants alleged wilt was an example of psycho- negligence in connection with logical stress.)

The third reason his detention in a mental home

was that for observation, or for the core was a danger to his own tification of the plaintif

as realth.

He had no real under-

The case for the Crown was that in the course of a street being of unsound mind, and his standing of his mental condition.

ARRANGED ADMISSION consequential confinement in He did not know the dangers to

fight on July 23, 1903, between Himself of excitement and

of two rival gangs, members mental home,

Dr Yap added that he had the Defendants are Dr Yap, Dr S. temptation,

power under the Ordinance to many of whose members were H. Moore of the Medical De-

"The fourth reason was that transfer a patient to the care of employed at the Naval instaba- Stonecutters Island, tions and Prof. A. J. S. partment,

he was in the process of run- any part of hospital, even if ho McFadzean

Mary ng through his fortune and had been

certified and might the appellant, acting with those By members, seized a knife from a Hospital

perhaps ruining himself finanstill be of unsound mind. Mr. Qule is represented by clally. I

ad-the that

dis nearby bread-etall and with it time Mr Qule was Mr John McNeill, QC, Mr Law-

him to hospital in the charged he had improved, helicted injuries on Chan Fook rence Leong and Mr R. W. S.

from which the latter died, Winter, all instructed by Mr M.

de Bilva. Defendants arc

of

Queen

felt

mitted nick of time.”

wo

Dr Yap said that the first

Quio for a new order for Mr Quie's 201 career.

also

after

ogical testings that

became

Manila, Jan. 27. The Central Bank Monetary nursery

insane

DEFINITION

adtiret,

Dr Yap said that St Andrew's promised to accept Mr Quio ns | a case of alcoholic dementia and to meet him it the airport. He know Dr Tennant by reputation and slightly personally, and he prepared a report for him,

on*

on

The case for the Defence was that Chan Fook grabbed the

struck. him, appellant,

¿

and struck

PC DECISION · Chan Kau appealed to the Judicial Committee of the Privy. Council on March 5, 1954. It was made by special leave in forma pauperis.

Mr Dingle Foot, QC, and Mr Ingram Poole appeared for the appellant before the Judicial Committee. Mr D. A. Grant was for the Crown,

A.

He explained that it was he represented psychological test, Progressive who arranged, through the Quio by

Mr W. A. Blair-Kerr, Senior Matrices, given to Mr Qule on family, for Mr Quie's

admit

and Crown Counsel, and Mr J. C. March 30 showed that his per tance to St Andrew's Hospital, struck him on the back of the

thereafter pursued him formando McRobert, Crown Counsel,

below average "Almost, from the beginning of head with a wooden implement Asked to give his view of Mr which he (witness) thought was hie admission to the Mental and that it was in the course Quie's mental state just before most unusual in view of Mr Hospital I had realised that our

The hospital was not well enough of the pursuit that the appellant detention on March 28, second Shipley Hartford, appointed for a person like Him seized the knife Dr

Chat Fook, definite 1932 Yap said it was "only showed

mental do who could afford something bet- after

the

dally terioration which was not re-ter," he said. most careful observation: after the most vealed by rough clinical tests. careful consideration of the The third test was given after

and background certification. whole history

related to me

Mr George Fort, Mrs Quie, Clive quie, br Yang, Dr Dawson-Grove, and

Defining mental deterioration Pro McFadzean,

nined the results of de rap said it was supposed to having examined the

be evidence of dementia. Do and examinations

mentia as a clinical Inbel was

Mr Blair-Kerr read this re- certainly a reversible state, but port to the Jury. It dealt with absolutely convinced not necessarily reversible. There Mr Quie's personal and family that he was certfiably

Was a primary

illnessca of de history, his previous CRUSO and should be so certiflet,

mentia, вду а

The Committee remitted the poison in the and Dr Yap's diagnosis and ob- Also considered that if I did system. If that polson was there servations of his state.

case to the Hongkong Full not certify him it would be a

Court with directions' to quash breach of my professional and long enough it would lead to

Dr Yap cald that he obtained: ¦ the structural changes in the brain

-conviction, substitute a public duties as the

information person which would be difficult to ro- the

"events verdict of manslaughter, and responsible for administering verse.On the other hand if it leading to the illness from Mra pronounce sentence accordingly. the Mental Hospital Ordinance." were acute and not

Quie which was so long-

confirmed by * Dr Yang, Dr Dawson-Grove and The Prosecution in the Hong- |lasting. "It could be reversed. APPROPRIATE FORM

Further, even

Clive Quie, His information on kang trial was conducted by Mr if there WATE

was obtained w. A. Blair-Kerr, Senior Mr Justice Reynolds said it schools in the Education Act of Board blacklisted the sugar firm applying for Mr Quie's detention could be acute exacerbation of Ford, Malcolm Qule and con- Insp. J. E. H. Hidden officer

Dr Yap cald that the fam already reversible changes there "present liness"

of from Mra Quic, Mr George Crown Counsel, with Det. uf J. Amado Aronda Jes- was what he considered the most e the Miss Harford

was also

disturbing to more Armed by Dr Dawson-Grove, in-charge of investigations, for terday for its Incgular exporta appropriate one, because

which were who confirmed acuto he member of the Curtis Commit-

that Mrs Quie recently of US$500,000 was convinced that Mr Qule in themselves reversible. At any took her daughter away with the Police. Chan Kau was re- tee whose inquiries into the care worth of sugar to Japan. should not go out, and he was time it was difficult to say how her, the buying of Jewellery, and structed by Mr F. H. Kwok, presented by Mr W. K., Lou, of homeless children resulted in the Children's Act of 1948.

Aranola diverted 4,000 tons of

also, convinced that he was not much of the disease

the shaving at night. versible and how much at to be a voluntary patient, When asked her opinion of sugar to Japan

formation

and building of Messy, Johnson, Stokes on January 3

one observed the projects was obtained from Mr Master. the Central Bank had welfare work in the Far East, after

the form to DrThe longer Mies Harford sald that women granted him an export licence Moore, a Justice of the Peace, patient the oasier it was to tell Ford, Cilve and Mrs Quie, and

and the minimum, period of ob- Dr. Dawson-Grove in general.

This morning, Mr Justice were playing a bigger part in to ship the commodity to Hong- to plan. I NEVER NOTICED

would servation

about a He himself had discussed some Gregg read the order of the As acting Director of Medical Hongkongkong.

Judicial Committee. "to month. THE said he was a fruit sales-

of these points with Mr. Quie Turning to tho

Services, it was Dr Moore's duty defence of especially, she said, has been The Central Bank granted Σ

for his reactions. and worked at Covent justification, His Lordship said doing remarkable welfare work licence to Araneta man,

Qule appellant, and then heard a to ship the to visit the Mental Hospital two Asked by Crown Counsel how for Gaiden.

the accused must prove that 16 for sometimo,

suger to Hongkong on his repro-day week prior to March Mr. Quie's history, struck him, Justified them and had no reall- pica in mitigation by Mr Lao

that it was most unusual

on behalf of the prisoner, was in the interests of the public

entations that it was bought by 28 Dr Moore had sech Mr Quie Dr Yap, stated, "It was the that these

come that he published the letters. If

plans should all al the Taikoo Sugar Reining Com-

three or four visits to the history of a man with insanity in at one พ

Mr Loo said that the Court, were period and he could do that, then he was

thought in passing sentence should Hospital pany--France-Presse,

hed Interviewed the family (his mother); who out and

at 2 entitled to on sequittal.

him. De Moore

a. m. when he dusted had also such possessed an abnormal person the floor, shaved and so exhaust the general circumstances. Mrs Quia ond Câive Quie and ality to begin with; who had

ød himself that a few days all the documents relating

about 18 years of hard drink the case were available to him. ing who two years previously prior to his admission Mrs que

" discussed the patient with had passed

said, he had collapsed at his 11 through an

desk.

¡Counsel said there **was - Dri Dr Moore every time be visited doubted episode of mental i

absence of motive In the case, the hospital. I showed him my news due to alcohol; who follow

and the Jury) had foumid, that noles and

I kept him

fully ining that, had injured himself so had TWO formed of my observations and severely that he

to his examination do there was no pride intent on the

comitose periods various tests. the results,

with depresscribed in the report, Dr Yap saldo part of the appellant and

hind as important sive features followed by periods his diagnosis was "early alcoholle Mr Quie was quite an

** of elation. It was case in our lives, Dr Yap salt.

very dementia: with marked mood mercy,

swings and he still maintained He said that the final certi- abnormal history," ficato on insanity was signed by himi and De Moore and wis göst to Mr Hin-shing Lo, the Magis trate who signed it right away on March 31.

How

do you know a game had just bin finished?" George asked, "There was no cards on the table, there wasn't nothing. was

there?"

"The game had been finished. Just before I arrived," the super- intendent sald, without disclos- ing how, he knew. George went into the witness-box.

НЕ

"What were you doing in this place, discussing the weather?" the magistrate, Mr Bertram Reece, asked him.

"I'd an appointment," George

was for the Jury to say whether In fact cal- the letters were culated to blacken the name of the complainants,

"I feel you should be satisited that these letters were clearly

defamatory, but it is a matter solely for you

to decide," he declared.

sald. "I never noticed no one. The bulk of the defence was

gambling.

I

didn't even see any cards. Anyway, I only had 15. Bd, on me."

"Oh, there's no question of a means test in this sort of care," said the magistrate. He found the case proved, and asked if anything were known about George.

There are five convictions for similar offences," said the super- intendent. "The inst Woo in 1083,"

George was bound over in the sum, of £26-live' times the amount demanded to ensure the good behaviour of his friends, and he went away with a shrug and an Insouciance that perhapi he had picked up in his chance encounters with gambling men.

PETROL FLOWS] INTO SEINE

#

stanco.

cach that Bailey made was true in sub- It was up to Bailoy to prova that the whole substanco of the letters was truc, and It was not for the complainants to prove they were innocent of the charges made' against them by Bailey.

of the statements

"He must satisfy you beyond all reasonablo doubt of the gullt of these three men," His Lordship went on.

to Turning the evidence given by Bailey, Mr Justice Reynolds told the Jury they had heard the sume accusations by him week affor wook. His Lordship sald ke did not think it necessary for him to go into the matter in detail

FINDINGS OF FACT

that

"But," he continued, “it is important for you to reali that your findings of fact must: Paris, Jars: 20.

"be given on the evidence, and Nearly 3,000 gallons of petrol that a person is not a rogue

and the Seind” this

a criminal just because flowed into

aombone' bontinually calls him burst pipe in morning from the collars of the Shell works ́s rogue and a criminal

Choley,

a Paris IndustrialSimilarly, a document is not Suburb

s' dorsary Just because somebody The underground containers keep on referring to all use dene gira küred by the floods must band of fall socording to forgery Tite scrised'e case "RICH GOS: Of them Iepiedi,;

focal nremon nervebed to whether or not you accept his

evidence me' Being the truth, Verse 14' mden high druma that.. You must....sait “yourselves

RENEE Bar Footon has wild-aid he le tija, sort-of-parton? Whose avi- gullótw thant Have|owson you should, accape.",

SiThe Jury, retired to deliis

1044.

social

welfare.

Owing to the short length of her slay Miss Harford will not be lecturing in Hongkong,

a

tion

SIDE GLANCES

By Galbraith

Ho

mayo

to.

illness

be

kysa re- was not

WOULD REPEAT ACTION

Dr Yap affirmed that he would take the same course of action if he had, the case over again to day.

As

the on

IS DIAGNOSIS

that it was correct.

the

of the case, as well as the character of the accused, into consideration.

recommendeck

him

to

BLIND PASSION * "I have defined dementia, It The appellant, he anid, 'wan, not a

is undustified and quite out of bus of the groups concerned date to insist that dementia as a was mistaken, byl member of on

(the fight. )Mie deferice was that he clinical label must be reversible of the argups and no, backene Sh The prognosis that I have made attacked by the decreed, rrpore there was progndals without powerful, opponents and appellants pratment. It was not expected in a blind puratorzy paded to the

knite and truck; at the, treatment to Appsmrt, 24 too coun

had in minti My Qule and the the stato of mild station, was it me to. BEACHY I have not committed aby provi

the patient was

Dr Yap gave his russons for slaring this: "My first and most

He declared that after certit- Important reason was that he

cation the patient continued in wal danger to other

people. daughter, I recoiled

what

1 facile and optimistic. He did hot Dr Tainant

During this pointed knew that some months in the step very well, past there had been a violent in period he asked Clive whether charged improved, aid Dre

the patient was still talking of Yep. He added that there was wea vident where di Malayan

130)! | pendant upon, hier. Clonghis Khan and Clive said he nothing- in the

Medence would that Mire Quse attacked was The

witness) that ho

him (tivalihood. oz. Uye! 'moothe wigo and he denied to him has written that

a kriv, had been used. The

an 18

Crow

be, now

Counsel naked

said she took the kris in wolle days or so Mira Quie's swelling he was shown defence and that it was not 18 muddenly became worm and he advanced stage of inmunity s

and angry Dr Yap declared "I was all

I down; Mry Quje jhad: spoken about in After den 1000 PETSA brendamilolarsky (

Irritable

I minths Mea, bút soveral months becku #Again, there was the the time tryin to EVAL Mr Chute 2963.

previously. was very disturbed air.

by this having occurredź me there correpondance betwracks (mental "wed no doubt that it had occur» red and there lano doubt that

paychologically Dulcok was DOL REL.: symptoms "ol and physical and two ona di Fra Kymptons, said Dr Tapi hal berlore Hiba #very demente it could have led to bloodshedi He-cont Left – that there was

DANGER TO HIMSELT