1955-09-05 — Page 10

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Appeals By Drug

Possessors Rejected

Declaring that the offence of dealing in heroin and possession of heroin in large quantities was one which was regarded with utmost seriousness by the Court, the Acting Chief Justice, Mr Justice T. J. Gould, sitting as President of the Court of Appeals this morning rejected the appeals against sentence brought by Cheung Chung-li, alias Cheung Ka-fat, and Chu Sau-cheong.

First appellant was convicted of two charges of possession of heroin and one count of dealing in heroin, and sentenced to five years. Second appellant was found guilty of possession of heroin and received three years.

Mr Patrick Yu, Instructed by Mr K. Y. Yung of Zimmern and Company appeared for the appelants. The Crown was re- Desmond presented by Mr Mayne, Crown Counsel.

The Court of Appeals com- prised Mr Justice Gould and the Acting Senior Pulsne Judge, Mr Justice J. R. Gregg,

Le the

Dismissing the appeal, Chlef Justice said that offence of dealing in heroin and possession of It In large quanti- ties was one which was regard- ed with utmost seriousness by the Court,

had

His Lordship sald that one to read the newspapers over the last week or two to know the prevalence of the ollence and how it was on the increase,

If the Court could take

no

Mr Yu said that it would be noticed on the

Ale that both appellants had given notice to appeal against conviction but Counsel had since received in-notice of the precedent quoted structions to abandon the appeal when It was alleged that some ask Magistrate only gave six months against conviction and to leave of the Court to treat the for a similar offence, the eir- cumstances varied in overy case appeal as one against sentence.

and if that sentence was meted

Counsel said that both appel-out in the case which resembled lants were convicted of posses sion of heroin and first appellant was further found gulity also of dealing in dangerous drugs.

He said that the facts as out lined by the Crown were clear- ly set out in the Judge's notes end briefly he said they were that first accused met a person by, arrangement and came to on understanding about dealing in dangerous drugs. Later on, th

appellant having left the first meeting place was seen to re-

the second ap turn to it with

pellant and holding a suitcase. The two men were accosted by the Police and in the suitcase was found 700 grammes heroin.

1

ON HEAVY SIDE

Di

sen-

First

жан appellant tenced to five years and second to three Years and Counsel submitted that it appeared that so far as the second

ap- pellant was concerned the sen- Lence was on the heavy side.

Mr Yu said that second record appellant had a clean until his conviction. The only evidence against him was that he was holding the suitcase when arrested.

Counsel suld that he was in- structed that only last week a similar case was brought before the Kowloon Magistrate, 0 charge being possession of 100 granumes of heroin The ac- cused in the case was sentenced to six months,

Mr Yu further submitted that possession of dangerous, drugs was not so serious-a crime as possession of arms and Counsel elted a case in which a defend- ant found guilty of arms pog- end a session was given three half years in the District Court. As 'for as second accused was concerned, Counsel submitted

that the sentence was excessive.

PART AND PARCEL

the one before the Court to any extent, the Court could only say that that sentence was too light.

The Chief Justice said that the Court did not

propose to interfere

with the sentences imposed, and dismissed the appeals.

CHINA MAIL

1945.

MONDAY, SEPTEMBER 5, 1955.

Sir Cecil Sugden, Commander, British Forces, HK, Inspecting a locating unit of 173 Battery RA. (left to right standing) Gen Sugden; Major L. G. Stringer OC; and Brigadier L. N. Cholmeley CRA (HK)-Staff Photographer.

General Watches Novel Mock

Battle

Lt-Gen. Sir Cecil Sugden, Commander, British Forces, Hongkong, watched a heated gun battle on the borders of the New Territories this morning

Mountaineers from a small operations room on Hongkong Island connected by radio and field telephone to units of Feared Lost 173 Locating Battery RA.

SHEAFFERS

ADMIRAL SNORKEL PEN

FEELINGS AND BELIEFS OF WITNESS

RULED AS NOT EVIDENCE

From Our Files

100 Years Ago

Mr Justice A. D. Scholes at the Criminal Sessions this morning To the Editor of this "China ruled that evidence of the feelings and beliefs of a Prosecution witness in

a rape trial was not admissible and was irrelevant.

His Lordship gave his decision after hearing legal submissions from Counsel on both sides in the absence of the Jury, who had been told to leave temporarily.

this

On their return, Mr Justice Scholes directed them accordingly on point. Ho recalled that at Friday's hearing, the witness concerned had said he felt "displeased" about a certain matter.

The accused are Ng Wai-lee, alios Ka Taal, 20, unemployed, Ng Chun-chol, 21, unemployed, Chan Kwok-you, alias Yau Taal, 18, office boy, and Chow Kou, allee Ah Kau, 20, cleaner.

car

In the first count, first ac cused was alleged to have raped a 24-year-old dance hostess, Li Kwok-ying, alias Hung Mel, on June I, while the other three were alleged to have aided and abetted in this offence,

The second count alleged that second Dccused

the ruped hostess, and first accused with alding and abetting him.

In the third count, int of forcible detention, all the ac- cused were alleged to have de tained complainant against her will

with intent to know her carnally.

All four men are defended by Mr V. L. J. D'Alton and Mr K. S. Gill, both instruc.ed by Mr W, H. Young. Mr D. N. E. Ren, Crown Counsel, is secuting, nasisted by Delective Sub-Inspector Jones.

The

four youths allegedly lured the hostess from the Sing a falso Ping Ballroom with story about a friend of hers and to the Shan then took her Kwong Hotel, Happy Valley, where the offences were alleged to have been committed.

to do with it; he said firsli accused had fetched him while he was asleep and had asked him to take him to the Sing Ping Ballroom,

Complainant then told him hel had better go, and he went out of the hotel.

Hearing is proceeding,

Radio Hongkong

H.K.T.

Time

Accused Of

Striking Bombardier

Mail."

Bir-Feeling suro that you will kindly find space in your columns for the following fow remarks, I beg to offer them for publication; and although coming from a humblo in- |dividual, I' nư confident they will prove to be' the universal sentiments of shipowners, and shipmasters in this colony.

The great grievances of which I would speak (for such they really are), are the ruinous Lystem allowed to be carried on in the manner of shipping crews, and the farce which thu law terms "punishment" for any breach of duty on board ship say allowed to be carried on, for surely much might be done that Signalman Kenneth Worthing-

is lert undone by the proper ton, Royal Signals, this morning | authorities to advance the ship- was charged with striking ping interest of the colony,

officer, when ho superior

Bighal and Prosna Summary: 0.05. Children's Hair Hour Presented by Kizabeth (Studio); Australian Tracto Catalogue.

before

Court In Instance of the latter Fornithily Review of Australian Peared

Martin). The Court comprised point; a crow cannot be obtain- Industry: 8.45, Accent on Ihythm; 7.10. 1ox 200 Ben Gillette at the Major P. V. Huyahe, RE (Pre-ed, even for a coasting voyage, Organ (03): 73, Announcer sident), Capt. N. G. Clark, of without three months' ad- choice presented by John RAPC, and Lt. P. T. B. Hill, vance down on the rinil, 'and' Leader (Studio): 7.50, Report; 8, Time Signal and The Now (London Relay); 8.00, Com- mentary (London Relay) or Special Announceinents;

Capriccio 9.15.

Wonthag

RASC.

Defended by Capt. J. S. N. Italien, Op. 45 (Tchaikovsky): 850, Dale, Royal Signals, Worthington BBC Show Band Directed by Cyril pleaded not guilty. Stapleton. Froduced

Jolinnia by

Outlining the case for the Pro- pro-Stewart (BBCTS); 9, Time Blaal,

Collector's Comer presented by secution, Capt. T. C. L. David- Robert Scott (Studio 9.30. Adanson, of Royal Signals, said the Club. A weekly audience programme incident, occurred at the guard-

London Hèlay); 10.

room, Murray Barracks on the Recorded International Cabaret" proposted by Denise Brabant (Studio): 10.30, evening of August 18, Take It From Hare-Dick" "Bentier and Jimmy Edwarda with Wat Eaton, Alma Cogan, June Whitfield. Repeat of last Friday's Broadcast BBCT): 10.59. Weather Report 11. Time signal, Radio News Real (London Relay): 1109 Goodnight Muste: God Save The Chron: 11:30,

CONTINUEB EVIDENCE That friend of complainant's

Wan Yuk-sang, was the subject of His Lordship's ruling this morning.

Close Dowi,

REDIFFUSION

Testifying, "Bdr Frederick Marsh, of RA, who was on guard duty on August 19, said the accused went to the guardroom in a drunk and disorderly man ner and leant against the table. Ho paid no attention when told to leave, the table and an argu- ment took place, lasting five minutes.

the

wages at a most excrbliant reto have to be paid for the greatest trash in the shape of seamen that ever put foot on board

ard ship. After signing

come articles, they on board, knowing they cannot do the duty they have agreed to do and been paid for; then can afford to laugh at us, being well aware that our gov ernment will not assist us, The colonic authorities, I they really had the interest of the colony at heat, might, I think, find a remedy for this shamenal

alate of affairs,

от

SHOULD BE FLOGGED

3 p.m. Children's Comer

It a staman neglects or re- conducted by Auntie Val; 5.30,

fuses work, commits any Monday Requesta presented Betty: 0.28, Birthday Malibag: 6.30,

other breach of duty, imprison After the Court'a quling, wit-

Witness again told. the

ment is the only punishment, Jeannette Piry; 7. Personality accused to go to bed or he These sent in reports of a heavy bombard-ness went on to say, that he, the Musique Francato presopted by complainant and the four ‚00= | Perada-Ella Fitzgerald; 7,35, Pianu

Bind himself in

suid thereby the chip is deprived ment of positions held by the Second Goorkhas and cused continued walking down schoss-played by George Toyer: would

The accused paid of a man's labour; and I venture Five Peruvian mountain Seventh Gurkhas, by two "enemy" batteries..

the road in Happy Valley. The 750, Music by Roth-Featuring the guardroom."

Allen Roth chorus and orchestra; no attention. He was later taken to assert, that eight out of ten accused had previously fetched 7,16. Shadows of Doublurented to the cell. Shortly afterwards

of those

we ship here, would him from his house.

by Colgate-Palmolive Co.: D. Time

hold of During the walk,

the nowe London he caught fourth signal

witness's much rather spend their time in than do, their duty on board told him: accused

"I have nouncement

Relay): 8.0, Weather report, uniform and struck witness on ship. Men who take such ad-

and interlude: 135, brought you a girl. How is it Polka Parade: 8.30, Crime, Cosa not the lower lip with his forehead.

their employers, vantage of you have not one word to say?" pay-starring Ne Hamilton;

Hearing is continuing.

should be well flogged, I think; Evening Concert-concerto for 'cello Witness said he did not reply.

and orcheSTIN in B-Minor, Op. 101

or if you have such a thing ng a First accused pointed out a (Dvorak): 10, Bleak House: 10.15

treadmill, it might be here to him, saying: don't you

Moonlight—–—– Hiwalian Magle and

turned to some advantage. melodies: 10.30. Take it from Here: 11. Date with Dreamland; 11.30, piece of wood?"

Prelude to Midnight-popular concert melodies: 12, God Save The Queen: Close DownL

Lima, Sept. 4.

climbers,

'three Including brothers, were feared lost today In the snows of the highest mountain in the country, Huascaran, 22,190 feet, in the Andes White Range.

The group, led by Jaime, Eltu and Adolfo Alencastre, requested urgent assistance two days ago with fares when they were at more than 17,000 feet, Tho climbers started nine days ago and It was reported that they had food for only a week.

Several Peruvian Air Force plancs have been sent to sea:ch for the group. A number of rescue teams have been formed to climb the mountain.-United

Press.

Units of the locating battery reported the initial flash of hostile guns and charted their positions all along the front.

Later the enemy's forward guns were silenced, it was re- ported, by counter battery work and by a Gurkha counterattack.

and the bombardment continued by long range "encry guns at a greater distance.

PIRACY OFF

LANTAU

However, neither Gurkhas, 700 Taels Of Gold

A

Seized

nor guns, nor the New Territories were involved. General Sugden left the com mand post and walked about 50 yards to ste the units of the motor fishing junk, Locating Battery locating the which was sailing off San flashes of electric terches Lan Point last Wednesday, on opposite hillside about 100 yards away.

was boarded by pirates who The pattern of flashes re-made off with $184,000

charged on a worth of gold. grid, under which

W3S

Camarent

In Possession

Of Heroin

A man, found guilty of un lawfully possessing 42 smail and large packets of heroin,

four was fined $400 or two months by Mr Hin-shing Lo at Central this morning.

The

party of

of the New Territories The junk was at the south- and the dispositions of our own west corner of Lantau Island and what was known of the when fast moving launch hostile forces.

pulled up alongside and seven Chinese boarded the junk.

the

and

#

THE ONLY UNIT General Sugden was received

Some of the men immediately at Lyemun Barracks by Major LG. Stringer, Omer Com-made their way to where 700 manding the Battery. He in-taels of gold had been stored transferred the gold to spected guard, and the

their launch, Battery drawn up on parade. He also saw over the unit's new Afterwards, some of the barrack

and rooms

was shown pirates smashed the engine of demonstration of the unit's the junk and slashed the sailing work in action.

ropes before they made off in It is the only unit of its kindjiheir launch. in the Far East.

В A

use

for

With regard to the first ap- pellant, Mr Yu sald that the Accused was Au Moon, 37, of additional two years given was an unnumbered hut at Mount perhaps for dealing in dangerous Dayls. arugs.

Counsel submitted that

prosecution told the the charge of dealing. In court that on September 2, Sub- Another important

The disabled Junk difted to drugs was all

Inap. part

Elis led # small dangerous

units not in action is wards Macao, where, during the and parcel of the possession police to execute

a dangerous locating

as a service unit to other artil-week-end, the crew members Crugs warrant on the defendant. Possession must, he charge.

lery units for which it uses its reported the piracy. submitted, be for the purpose of On reaching the hut, defendant illegal' dealing.

opened one of the windows and high precision recording in-

struments to test

the accuracy that the Counsel

tried to throw the drugs away. sald

"calibrate" their guns. avidence of tho Polico He was prevented from doing The latest equipment for Constable was the only evidence so by one of the constables.

found locating batteries Includes sound drugs

complex equipment, by which machine, working through out- lying microphones, plots the ex- Det point of an explosion. A member of the unit amid that this equipment is expected here shortly,

in relation to the dealing charge.

The

were

It was the constable who had scattered over the floor. approched the first accused for

the heroin. In other words, Counsel

submitted,

"the ap

proah came from the Police in QUAKE ROCKS

the first instance. If that

Wäs

the reason why first appellent SAN FRANCISCO

Was given Course!

heavier sentence would nubmit that

San Francisco, Sept, 4,

rocked A strong earthquake there we some ground for a

that San Francisco tenight, admitted reduction. He

There was no immediate in- had a previous conviction for a similar offence,dication of damage or casualties.

Router, He was then sentenced to month

first appellant

ono

Mr. Yu asked the Court to Lake Into

thar consideration

five years appeared to be a heavy sentence for an offence of this nature. Ho cald that ho were asked what he would

Coalpit Collapses

or

FINED $250

on

SOLICITOR

ILL

The well-known solicitor, Mr

look like this

He replied: "Yes, I know nothing

Wliness sald complainant then asked him if it was true that he was not going to Borneo. (Complainant hao given evidence that first eccused had told her this).

FOL

ned

Additional Session

Two Days For Picking Up Cigarette Ends

For picking up cigarette ends The Family Planning As sociation of Hongkong announces off a street Weng Chiu, 49, was | the opening tomorrow of an sentenced to two days in prison asked additional clinic sessions to be by Mr J. E. Durling en Central

this morning. she held every Tuesday evening at

Was He answered be

If

gong to Bornes, and complainant in turn thought he was in the habit of

telling

lies.

S

Pn at the Maternity and Health Centre, Nathan Road

It Kowloon

has bech

group had walked a short cils- pecessary to open this ends at the junction of Lockhart

Wong was seen by a Police Wan said that after the whole

constable. picking up cigarette

tance further, complainant ran extra clinic on account of the carrying a large basketful.

Road and Jaffe Rond. He was away for seven or eight yards. First

accused ran and

Complainant with her. turned to the group.

caught

She

yor | pressure

rs-

the two clinic On

up sessions already held on these He pleaded guilty, but said A premises on Mondays and he had to do something to keep

humself alive.

ap-

peared to be slightly displeased. Thursdays.

KEPT ON WALKING

The group kept on walking, They crossed Sing Wo Road and turned into Yick Yam Street. First accused went into a public lavatory.

the

tinted walked over to his side, Complainant, wilnesa con-

He asked complainant why she had come to look for him at such a late hour, and he told her it was not such a good thing,

First accused came out of the

and interrupted lavatory conversation, saying: "Let Us Let us talk not talk here.

the Shou when

This was the Kwang Hotel." Arst time. Arst accused men- tioned this hotel, he mild. ald not know before that time where the group was going.

told first accused: Complainant "I am not going there," Docused said when they had

we

reach

He

First

would talk

they would the

M. A. da Silva, suffered а hotel, and took her by the armi.

relapse from

day, it

and went into

.. was

morning.

eccent unese Complainant did not show any hospital yester

outward sign of refusing to go. learned

ได tho Victoria

this

The group started walking again. First and fourth accused District and the complainant walked Lu Yan-ting. 38, of no fixed abode, was fined $250 or 60 days Court this morning, Mr P. D. ahead Witness walked behind Remedios asloed Judgo J. between the second and third

When by Mr Hin-ching Lo at Central Reynolds for an adjournment of accused.

the hotel had this morning when he was

Urban Council. been reached, all the accused found guilty of possessing dan- the trial of gerous drugs and a paper heroin Health Insp. Chan Tal-yiu who and complainant went inside a

and breach of a pipo

bond.

has retined Mr Bilva's services. room. He followed them in.

ON THE BALCONY Graz, Austria, Sept. 4. The prosecution sold

ho Inalde, continued Wan, Chán faces two counts of cor- Six miners were buried when

September 2, Sub-Insp. Lee

accused ruption receiving money from sav second and third collapsed in Chun-fal and several policemen Kwin Kan for not carrying dui part of a plt

on the balony. Complainant was the side of La as the comer of his duties in November, 1954 standing to one

and Forber and June this year.

room. First and, főudh aODLIWOCE for the second appellant and wave all the men. Communica- Street at about 11.30 p.m. and

were standing to another side of three years for the first would tion by knocking bas been found he was carrying the pipe His trial was adjourned once the rodzą, be amplo in the circumstancos. established United Frees.

before to this morning owing to Beeing and drugs in his shirt pocket.

him, first accused said: As Lu could not explain the Mr Silva's, iline but on the "zi la eliber: you or her."

WI origin of these articles, he was application. of Mr. Remedios; it hers anlond whose idon it was to taken to the Police station was further postponed to bring the girl there. Third

| November 21 at 9.30."az, where he was later charged,

All accused told him he had nothing,

suggest an alternative sentences Voitsberg, the Austrian. police sfeld Road

he would submit that one your sald. Rescue squads hoped, to

Printed and published by WILLIAM ALICK GRINHAM for and on behalf of South China Morning Post Limited at 1-3 Wyndham Street, City of Victoria, in the Colony of Hongkong.

SIDE

GLANCES

By

Galbraith

i traded here for years—George knows this butcher. "enough to bawl him out when we get a tosigka

place of mast!”!

I beg to add, in

In conclusion, that write from some Hitle experience in these matters; but well knowing that an anonymiĢlta epistic, such as this, alone is of avail, I offer these low res maries to induce some more able or BOTTLE influential penman, firm, to take up the subject-1 most obedient am Sir, your servant,

A SHIPMASTER.

SIUP'S PROVISIONS

The Gasaite of last Saturday, contained, a Proclamation annuliing a former Proclamation of February 20, 1955, respecting Provisions and Famenger Medicines at Chinese Bhips, and specifying the scales on which they are to be supplied in future.

Cholista On examining

Pro- however, embracing, under visions, six, under Medigases, forty- four, and under Burgical imple menta, sixteen, items, the only dlf- Larence we can discover is, in allow= ing instead of lib. of Baltec Vegetables or Pickles per diem; but whether for each passenger er for the whole ship-load, is not specified. The main purpose of the РТО clamation would seen to be to take away certain discretionary powers by which the Emigration Officer might substituie equivalente in the scale of Provisions, and makes such alteration in the Medicines and Surgical implements, as, úpon' tha cartideata of a medical practitioner, he might consider suficiant; ' and looking at the quantities ...at medi“ cines and küplements mot doven in the senta for each 100 Chinese par- sengers, we have no doubt that "A duly qualified medical practitioner," unless he had the supplying of the articles himself, would certity they are more than suficient.

NO HOMEOPATHY

There are certainty no symptoma of a propensity to homopathy on the part of Government, but us, their -anxiety to secure to Chinese passori- the luxury of being dosed, bed, and bandaged without stint. the putationa s to food have been. wet down with wo little prachion, that it does not appear whether the portion to be served out each day to for each passeiger de, for all the with the passengers. Complieno strict letter of this Proclamation" re- quires of the shipper to lay in such

■atore of provisorin vill enable him to supply 117 15. Rize, 14 Jb. Salt Provisions. 15. Balted Vegetablos, aate. Water, D, Firewood, and (1/3 oz. Ten, per diem, and Chaying done so, he may food or starve, 1120 Dasomkers me he pleamie No doubt Proclamatión... on ề, the' .by the first 'subject" by: Bir, George, Denbam of December, 28, pime, thefallowate, De to be, made "to machi

* phinse, not to be founKEKURANG of the Acts referred to, but now milesdie wu- bathivazzo Pejalan Dyer