1955-04-25 — Page 10

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CHINA MAIL

MONDAY, APRIL 25, 1955.

SHEAFFER'S

ADMIRAL SNORKEL PEN

QUEEN'S BIRTHDAY

BIRTHDAY GARDEN

GARDEN PARTY

LEGAL SUBMISSIONS IN No Jurisdiction By Court Argument Put Forward

A submission that his Lordship, as a member of the Court of Appeals which quashed accused's conviction and ordered his retrial, has no jurisdiction to preside over the new trial was made by Mr Brook. A. Ber- nacchi, Counsel for the Defence, when Dr Ng Yuk-kin, 49, medical practic tioner, appeared before Mr Justice James Wicks, charged with rape, in the Criminal Sessions this morning,

Mr Bernacchi further submitted that such prejudice had been aroused in this case that it was almost impossible at this stage for his client to receive a fair trial in Hongkong.

Dr Ng is charged with raping them at lengti at this stage and committal before his Lordship

Shun, a

Tám

24-year-old if there was by any chance a at all, he submitted. spinster at his clinic in Nathan conviction, in the case he could Poad, on August 28, 1954. argue them in arrest of judg-

In his first trial before Mrmat at a later stage.

Ee submitted that, on his second 'point, his Lordship being member of the Court of Ap¬ Justice C.W. Reece, Dr Ng was His first point, Counsel said, peaks had no Jurisdiction" 10 found guilty by a Jury and was that although the order of preside over the retrial. sentenced to .five years. On the Fall Court quashing the appeal to the Court of Appeals, former conviction in the

I contra...

case

under

of the

de-

PREJUDICE CLAIM

be placed in jeopardy twice for possible at this stage for his the same: offence; (6) they de

eated in effect the right of the client to receive a fair trial in accused to go before HM in Hongkong, Mr. Bernacchl "sub-

gave

NG RE-TRIAL Victor Ardy taken by a staff photographer during last

thorities to assist the Court but Bernacchit and rubmissions by following a discussion with his the Cown in reply, Mr Justice. instructing solicitor they had Wicks ruled that he has juris- come to the conclusion that hedeion to preside over the trial felt he should ask the Court to and that the trial could properly adjourn at least until take place in Hongkong. morrow morning in order to

A Jury of Ave men and two present his case in a proper women was then empanelled.

Hearing is continuing.

way.

JUDGE'S RULING

His Lordship directed. Counsel to proceed as best he could.

Following further submissions'

the propositions by Mr

ON WAY TO HOME LEAVE

Mr Angus Thuermer, former Associated Press corres-

Anzac Day

Observed

Local members of the

Returns

Mr Victor Ardy, founder and Hongkong conductor of the Concert Orchestra, accompanied

by Mrs Ardy, returned from leave in the Italian liner, Asia this morning.

Mr Ardy, who had been away for eight months, visited the main musical centres in the United Kingdom, France, Spain, Portugal and Italy. He has brought back the scores of several hit musical shows which are still running in many Euro- pean ecuntries. These include "the King and I" "Salad Days," and "Wedding in Paris,"

Crown Enters

pendent who is now America Australian and New Zen Nolle Prosequi

Vice-Consul m Colombo,

ar-land Community gathered at

three small children. They are

the

next

Ice Show Cast

In Hongkong

a

This striking half-page picture was

Thursday's Queen's Birthday garden party at Government House. It shows a section of the huge crowd of guests which thronged the main lawns.

SIDE GLANCES

rived here in the my Asia the Cenatoph this morning At the Criminal Sessiohs this from Ceylon this morning ento lay wreaths in commem-morning, a nolle prosequi was route home on leave.

Mr. Thuermer, who has been oration of Anzac Day. entered by Mr D.F.O, Mayne, Crown Counsel, on behalf of the in Colombo for the past two Before the wreaths were laid Attorney General, in the case years, was accompanied by his four men from 27 HAA RA, against 28-year-oki cookie, Fu wife, the former Miss Alice took up duty at the Cenatoph Ah-tau, allus Yuen Fuk-kuen Alexander, who was also one and stood with reversed arms at who had been remanded, lest of whom Mr Justice Wicks was was a valid order, the pro

Friday for re-trial "His third point was that such time an AP editor, and their the four corners... was visions in the Ordinance a member, the conviction

The first wreath to be lading Puise Judge, formally dis

Justice James Wicks quashed but the Court ordered a which the Full Court ordered prejudice had been aroused in re-trial.

2 reria were ultra vires, null the case, based largely on a sailing for San Francisco in

was the Anzac wreath by Mr CW: Greaves, He was follow Charged the accused.. and In that (a) they were failure to distinguish between President Wilson early

the month.

who laid

On Friday, a jury of six men ed by Mr A. C. Slater, on weath and a women found Ft not to the terms

medical offence with a Appearing for accused is Mr

Daten: of

the Australian

murdering Chen Lang- of Brook A. Bernacchi, instructed Magna Carta that no man should and the criminal offence

guilty wreath. rabe, that it was almost im by Mr M.A. da Silva:

The

following then laid shing outside a restaurant in wreaths Air Commodore S. E. Fuk Wah Village, Shamsbuipo, Faber for the British Legion, Mon January 7. The jury failed to reach a verdict on a change of A.Laroche for the French

manslaughter and Me Justice. Ex-servicemen's Association, Mr Wicks remanded. Fu for trial Fifty-six members of the cast. H. Warne for the Australian again. in Council had not change of venue and I say that of the lee show, Holiday On Association of Hongkong, got; (c) the Ordinance itself did the only way a fair trial can Ice, arrived here this morning Hon Mr Justice T. J. Gould for Before a plea was taken from net provide any procedure and now be given to my ellent is by, in the my Asia from Colombo the New Zealand Association of Found Hanged the focused, his Bernacchi said that there was no more reason artier in Council of the where they had been playing Hongkong, F/O M. Farrelly for In Prison Cell the jurisdiction at the Court. go back, for instance before a scime other part of Her The group, many of whom vices; and Mir M: Herman for He did not purpose to argue magistrate for him to decide Majesty's dominions

played here last year, By to

We New Zealand

Combinedtations Office has disclosed that whether pr not do commit te Lordship indicated that he and two of Service from the 1st Bn was found hanging in a cell at early this morning a Chinese would you for half an hour ingrgement ELISAN

Albuginfrom The Bailey appeal and In other words, Counsel was to be Cod to produce The show, which is Amedein Essex Regiment then sounded the Victoria waand, gaol. other local news stories will saying that the former com- authority in support of his pro managed has in a cast artistes the Last Post which was follow Every effort was made to re-

Fraktal of the magl ratel

"of some 10 different nationalities ed by two minutes siltpcy and vive him, but, after examination and on behal South China was positions; be found on page 8..

Former

no Bernacchi said he had some au- Germiso and Swiss...

The Crown is represented by Mr. W. A. Binir-Kerr, Senior Crown Counsel, and Mr D. F. O. Council and in effect ave mitted. He said that in England Det, power to the Full Court that there was provision for e Inspector W. Watson was pre-even HM sent for the Police.

Mayne, Crown Counsel.

the

he had several points 'going to to re-start at this stage than to Queen removing the trial to during the last eight weeks. the Australian Combined Sea The Government Fublic Re

completely exhausted - by the When bearing resumed; Mr including British American, the ceremony ended with by the prison medical officer he

was pronounced dead.

Trial

There fra

By Galbraith

you two to step dreaming about owning your own' jet plane--¡'ll take a bus to the store!?

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Street City of

in the Colony