1955-07-04 — Page 10

G. & J, WEIR LTD.

FEED PUMPS, CONDENSING PLANTS, EVAPORATORS, FEED WATER HEATERS, MARINE AUXILIARY EQUIPMENT.

ENGINEERING EQUIPMENT CO., LTD. HK. & Shanghal Bank Bldg. Tel. 27789

The Almost

Invisible Traffic

Signs

Following complaints that the Wanchai district over-crowded with al-

is

most invisible "No Entry?” traffic signi, a China Mail reporter and photographer toured the area last week..

In many cases they found the complaints to be well founded. Side-roads brunch- ing off

Hennessy... from Johnston and Queen's Roads bristled with the signs--but many were hidden behind opaque granite pillars and other obstructions; the paint on some was so badly chip- ped that the signs seemed to merge into backgrounds. Junction-Tonechy

At

Ora

and Hennessy Roads at least three private cars were spotted going through the "No Entry” sign within 10 minutes. The drivers could hardly be blamed as the sign was practically in visible.

.Driving

eastwards along

Queen's Road East, a taxi swung into 14 Chit Street. He backed out hurriedly" when a hawker pointed out a black-and-white pole of a traffic siga... its placard hidden completely under an awning

One sign branching off an. other side road in Wanchai was set about. six yards away from its junction with Queen's Rood East. But that was not all: bamboo poles And awnings completely obscured the words.

Our pictures are illustrative." In two of them arrows have been added to help readers sce where the signs are, and the third picture shows how a sign

merges into the background of

a decorated pillar.

PI Customs

Official

Coming Here

Manila, July 4.

A ranking Philippine Customs official is scheduled to leave for Hongkong this. morning to conduct a survey aimed at curbing the rampant undervaluation and misdeclaration of cargo by local importers.

The

The feial, seni by Customs Commissioner, MI Manuel Manahan, will also look *into the procedures being followed by Philippine officials in Hongkong concerning the preparation of consular invoices, covering imported", items.

Mr Manahan said that he. directed the cfficial to confer with the Philippine Consul- General in Hongkong, Mr F. Llamas, and also with Customs officials of the Hongkong Government."

It

WBS reported that

quantity

which

of Japanese goods were exported to the

Philippines passed through

Page. 10

貨瓦

CHINA MAIL

Hongkong to bypass a provisten Man On Armed Visit By

in the

between

Sunder

barter trade

the Philippines

and

this agreement, the importation of goods from Japan could be done only on a government to government basis,

it was Presse.

indicated. France-

Robbery Charge

Korean Ships.

1

Mished · 1943

MONDAY, JULY 4, 1955.

DR NG

July Fourth

Celebrated

Fourteen United States wi-

ships with a combined personnel of about 5,000 officers and men are in port to, celebrate July 4 with the American community here today.

SHEAFFER'S

ADMIRAL SNORKEL PEN

YUK-KIN

APPEALS AGAINST CONVICTION Sequel To Re-trial In Rape Case

Dr Ng Yuk-kin, 50, medical practitioner who was found guilty on a charge of rape at his re-trial on May 3, appealed against conviction before the Full Court this morning.

Dr Ng was sentenced to five years by Mr Justice James Wicks. He was charged with an offence against Tam Shun, 25-year-old spinster, at his clinic in Nathan Road on August 28, 1954,

The appeal is based on seven grounds alleging, inter alia, that the learned re-trial Judge had no jurisdiction, that the verdict was against the weight of evidence and misdirection.

offence at his Arst trial and sca- tenced to five years by Mr

·Justice C.W. Reece, Puisne Judge. He appealed against conviction and the Full Court on April 18 quashed the cont viction and ordered a new trial

Justice

In reply to another question from the Bench, Mr Bertacchi sald. It was quite clear

Dr Ng was found guilty of the matter. He thought the learned exercise did not exist; he pur

Judge used the expression ones ported to act under an order of or twice in the summing-up the Full Court which he sub-

mitted was null and vold I hope I am being fair,"

In criticising M Wicks as he would do later, Mr Bernacchi said that it was ob vious "to all of us in the Court that whilst the learned Judge had formed certain opinions on various facts, he was endeavour ing to place the case fairly and squarely before the Jury."

Dr Ng was not before the Court this morning but was in the precincts of the Court building. It was explained by his Counsel that Dr Ng felt there

was no object in, sitting in the dock to be stared at by particular people who, Counsel alleged, came to Court for that purpose,

The Full Court comprises Mr Justice T. J. Goals (Acting Chief Justice), Mr Justice G. R. Gregg

(Acting Senior Puisne Judge) and Mr Justice A. D. Scholes (Acting Pulsne Judge).

Mr Brook A. Bernacchi, in- structed by Mr M. A. da Silva

Court had

the

to jurisdiction consider whether the trial was a nullity.

Tax Defaulter

To Pay Back $11,686

S. Shewan, alias So Shiu-

"In this particular case your Lordships have jurisdiction to Dealing with the first ground decide whether or not the triai of appeal, he said that the Arst was a nullity or not and I sub-in, summonsed before Mr. part involved two masters: the mit that that jurisdiction is not Poon Yan-hoi at Central question of whether the order taken away merely by the Court this morning, for default of for re-trial was under the cire saying. Well, to decide it

business profit and personal cumstances ultra vires, null and nullity will require us to con-

and the vold:

of question

sider whether the order for a assessment tax, was ordered not there was whether or

new trial is a good order." to pay the $11,686.74 tax necessary machinery under the do not see why that should take due as a fine. circumstances which enabled away the Court's jurisdiction. Ng to appear before Mr Justice This is a new appeal before the Wicks on April 15 to stand his Court and my submission is that re-trial on an indictment which the second trial was a nullity Counsel said was fully

from first to last," said Mr Bernacchi.

is appearing for the appellant,hausted

the

The Crown k represented by Counsel replied in the affirma-

Mr. Desmond Mayne, Acting tive to the Chiet Justice when REPLY TO JUDGE'S

Senior Crown Counsel.

GROUNDS OF THE

APPEAL

asked if he was asking the Court to pronounce nullity. He "QUERY"

was not asking the Court to quash The Court had allow ed the appeal and in addition Counsel said he agreed that in made

certain order which se submitting the order under Counsel submitted was nukity

which the Judge was acting was He referred

to the matter of ultra vires the Ordinance but he Low could not see why the Court Sun Ah-wan, 5 H.K.

ald was in could not have jurisdiction to Reports which be cidentally authority that the entertain such a submission. Court had no power to award costs, with which he would deal statutory

led on another aspect of his ang for the operation of such order menu.

trial was wherefore the

The grounds of apptal are: 1. The learned re-trial Judge without jurisdiction that: (a) The order for re-trial was ultra virus null and void,

was

there was no

or alternativenery provided

а

mullity; and (b) The learned | NOT BOUND BY re-trial Judge had been a mem-

ber of the Full Court of Ap- PREVIOUS ORDER peal that ordered the re-trial.

The default of business profits tax was for the years of assess

ment 1949-1950, 1950-1951, 1951- 1952 and 1953-1954, and personal assessment tax for the years of assessment 1950-1951 to 1953-

Mr the

1934 inclusive, representing

Air

Revenue.

of Inland

Mr A el Arculli, Sr, pleaded guilty on behalf of the defend ant and made an application for the Bne to be paid in $200 instalments.

which was started in 1929, was sald that defendant's arm. wrecked during the war years. Defendant had no money after the war, but only his basiness connections.

In reply to Mr Justice Gregg, counsel said he was asking the Court to say, that Mr Justice In 1948 he met a man, by the Wicks was without jurisdiction name of Mr Kao. This man put and that involved the submission $200,000 into the business. How- that the order under which he ever. unfortunately, Mr Kao purported to act was nult and went into the bullon specula- tion, used all the money and disappeared

..

void. 2. The re-rial was irregular

Counsel submitted that the

· Dealing with the first part of The business censed, and de and unjust in that it was im possible at that stage to obtain Full Court was not in any way the first round of appeal, Mr fendant was now a salaried em

Bernacchi said the Court would by its previous orde

pizytė, with $450 per month and an unprejudiced

dealt with verdict inbound

and in his submission the prin- see that the Legislature

an expected bonus of Hongkong

with the matier in a very few $3,000. His monthly income was, ciple was, if he was right saying that the previous order words, Counsel then read from about $700. He had a wife and

the Criminal Pro was a nullity, the mere

fact Cap. 22 o

Grimn, one child to support, Court made cedure Ordinance; 5 that the Full it did not give the second Trial section 32 (3). Judge jurisdiction.

The Arst part of the appeal went to the

Jurisdiction of the learned Teal Judge at the second trial, he said.

•

He submitted that the only question was: Was the second

trial valid?

Il was not made valid if the order was a nullity, nor was the

Court bound by its previous de cision in the matter, he sub

the Ordinance he would draw He said that before he left

to the Court's attention

the fact that the Full Court was given jurisdiction solely by this Ordinance and it was not given jurisdiction in old Courts such as the Crown Cases Re- served and the Court of Errors, etc.

The application was granted,

The Newcastle

Returning

3. The learned re-trial Junge misdirected the Jury as to the law relating to the onus of proof and in particular to the meaning of reasonable doubt, further particulars whereof will be sup-

later. plied

4. The learnal re-trial Judge misdirected jury as to the value of the evidence given before the Magistrate, The ships, all dressed overall

5. The learned re-trial Judge

Her Majesty's cruiser New- for the occation, included four failed to direct the Jury ade- destroyers

castle, flagship of Vice-Admiral and three patrol quately on issues based

R. F. Elkins, CB, CVO, OBE, vessels. Her Majesty's War- circumstantial evidence and the

Flag Officer, Second-in-Com- ships are also dressed overall.

lack of probative value where

further he would say that in to return

He said before he proceeded mand, Far East Station, is due t At noon 21-gun salutes were

two inferences were possible. mitted.

here this afternoon fired simultaneously from the 6. The verdict was perverse

England the old Court of Crown from

operational duties USS Calvert moored at Ad- and

the weight of against

In answer to the Court; Mr Cases Reserved, or the Court Malayan waters. miralty buoy No, 1, and from | evidence.

Bernacchi said he was act of rors, etc. would order a On entering harbour G HMS Tamar,

7. The learned re-trial Judge appealing against the Court's new trial in cases where they gun salute to the Admiral will Four other American

against (a) Wrongly left to the Jury decision. He was appealing on did not offend

the be Ared from HMS Tamar at the issue as to the complainant the ground that the second trial principle that a man was not 4.45 pm. having been drugged and such

was a nullity from first to best, put in peril twice for the same drug and such drugging assist

thing ing

appellant to commit

Asked which Court would Hearing is continuing. alleged rape, which said issue decide which of the

two Full on evidence should have been Courts was correct, Counsel

from

them; (b) said that in that respect the

directed the Jury, that no one

affect the first decision. knew what was in the syringes point was not argued before the inferring (of which there was

destroyers, the James E. Kyes, Eversole Higbee and Shelton, scheduled to arrive today, have been delayed

withdrawn

the

..

in

a 15-

The destroyer Concord and the submarine Telemachus are also due to arrive today.

+

SIDE GLANCES By Galbraith

The

Mr Holger Dreyer Should not on the evidence have second decision would obviously

Seriously Ill

The many friends and busi- ness associates of Mr Holger Dreyer, principal partner in the. firm ef Divyer and Company, will learn with concern that he is lying in

Matilda Hospital sarfously

Mr Dreyer suffered &

beavy fall at his home. last Friday.

Piano Recital

Viviane Chiang "' who

*

new

no evidence at all) thereby that Court but was raised at the re-

brial. This W25 the drug used might have been Full Court sitting on an appeal some unknown drug with suf-

from a trial, He said that the duce the ficient potency

to produce

trial was a anlity and the effects alleged by the complain-

that the original ant; (c) Wrongly suggested to reason was the Jury that the drugging could order of the Full Court was afford an explanation of Tam without statutory authority, Shun's failure to make a com-

plaint even when pressed to do

So.

DIDN'T WANT TO

BE STARED AT

Mr Justice Gregg asked li Counsel was asking the Count to my that the previous Fall Court order was a quility.

Mr Bernacchi said that that

was $0.

was officially announced Miss

Further answering the Court, this morning that a Republic of will soon be leaving the Colony" South Korea Squadron will for France to continue musical Chief Justice said he understood saying this

Before hearing commenced, the Mr. Bernacchi said: "You are

“How can we con operation visit studies at the Conservatoire de appellant was present in the sider the order that was made this morning before Mr T. Cree-Hongkong from July 5 to July 8. Musique at Lyon, will play on precincts of the Court but did by the Full Court at the pre- don at Kowloon Court when

Four doctors gave evidence

proceedings Radio Hongkong commital

»

moke

The squadron, consisting of Radio Hongkong during the not wish to appear. Mr Bernac vious appeals to which were two frigates and one tanker, is French Half Hour programme chi replied that that was correct respectfully answer, "You can!" taken against Lau Bun 21, un- commanded by Commodore Lee tomorrow at 130 p.m. She will Counsel explained that that Counsel further stated that the employed, charged with armed Hi-jung, Commander-in-Chief play four pieces by Debussy did not in any way show dis-

not bound by its 6 Time Signal and Programme robbery resulting in injuries to Republic of Korea Fleet, flying "Prelude", "Sarabande Jumbo respect to the Court but his Court was Summrzy: 4.03. Children's Hone Chinese man and two his brud pennant in R.O.K.S. Lullaby

client felt there was no object previous decision. Hour presented by Sally Ann Chinese women on March 31 on Bak Tong (Commander Moon FarnazY","

in sitting in the dock 19udio: 53. Australian Magazine: the 3rd floor of 21 Cascoigne Ki-sup, commanding officer).

to be

ONLY CONSIDERING 6.45. Arcent on Rhythm: 75, "Box Road, Kowloon,

stared at by particular people who, he alleged, came to the ONE ISSUE" Court for that purpose,

200 Bert Gillett at the Organ (02);

2:30. "Announcer's Choice" presented

The other two ships in the

by Donald Brooks (Studia); 7.30, DDI W. Watson was pre-quadron are. R.O.K.S. Yin

Weather Report; 8, Time Signal and scouting.

The News (London Ralay); 8.09,

Commentary (London. Relay) or Defendant was alleged to have Special "Announcements; 8.18; Jérome

zer

and

Chin (Commander Kim Sang-

to and the Tanker (14-Cdr. Chung Li-chan),

and

*Gradus

at

FINED $100

Mr Bernacchi said that I

He said the Court was con- seemed that under the Pro. cedure Ordinance there was no sidering only one issue, namely, necessity for an appellant to be the points arising on the second present, and Dr Ng's sole reason trial.

was he saw no reason why he Counsel submitted the second should be stared at by these trial was a mullfy. It was not people.

necessary to take it to Prîvý Mr. Bernacchi said that Courell, because the Court was

PATA went before, he came to deal with.

for the squadron at the Mee this I caturday

chant Navy football ground;" On

Pleading gulity to making Kem Songs! Fred Waring and his used a triangular file about eight Commodors Lee Ri-jung will tale declaration in material PennsyWardens Gles Club inches long to rob Lee Wen- lay a wreath at the Cenotaph on particular, a 38-year-old clerk, Orchestra; 830, Edmundo Ros and hing, and Lam Yuk-id of two Wednesday, July 6, at 10 am, Fung E. Tal, of 378. Mam Street

Orchestra. A programme of wrist watches, $116, one pair A football match Latin American music (BBCTS):

versus West, first floor, was fined $100 3. Time Signal Collector Cor. of socks, and one kry of a total HMS Tamar has been arranged by Mr Hin-thing Lo at Central

presented by Robert Scott

value of $818. by HALL | Craig

Known BBCTs); 10; the alleged robbery, was a International Caberet presented by woman, Lam Yuk-paz Denbe Brabant. (Studio); 1050, Five Ject of. Awing: 10.50, Weather He- The doctors testified on the porgandos Relays: 1100, Good-

11. Time Signal. Radio News injuries sustained by the victims Heeft night Music; God Save The Queen of the alleged robbery. 1150, Close down.

and

Con: 5:30

): 920, Sarabethan Theatre third person injured in Kowloon, at 3 pm, on Wednes. to the Department of Com the appeal he would like to king as a Court of Appeal from "Bit. Mom! If all play is Mozart, how far vill get in a

R.D. Sah, No. 8–50 1 had

Nothing

The case is proceeding.

day, and sightseeing tours have merce and Industry and ap- been arranged to show the plied for permission to get visitors round Hongkong some oil for one of his junks, The ROK Squadron Band saying that he had had no oil will play by the new Queen's on board ship. This proved to Per at 7 am on Wednesday,

be false

the

jam sessión?!

say that whilst he was going to

If the trial wis &mility criticise the learned re-trial Judge's summing up in various Court had jurisdiction to say

Tent the Printed and published by: WILLIAM

GRETHAM aspects, he felt he should say so. He contended

the leaned ree and on behalf of South China Morning Post Limited at #1-3 that Mr Justice Wicks did his jurisdiction

• to 1 Wyndham “Street, City of Victoria, in the Colony very best to be fair in the trial