1956-02-22 — Page 10

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JOHN CLARKE'S

CASEBOOK

Out Of Focus

CHINA

MAIL

WEDNESDAY, FEBRUARY 22, 1956.

Alleged Forgery

SIDE GLANCES

By Galbraith

EVIDENCE

BY DCI

EMPLOYEES

Employees of the Depart- ment of Commerce and In- NTHONY'S father is dustry gave evidence of pro-

A Burmese, his mother cedure in relation to the

was born a German, and issuing of Imperial Pre- from his parents, the son, afference Certificate before British subject, seems to District Judge, K. R. Mac- have inherited some of the | Fee this morning. characteristics

both of

On trial was cloth manufae- per- turer, Chan Po-cheung, 14, re- presented by Mr Oswald Cheung, Instructed by Mr P. Mo and Co.

FILES. The gentle suasiveness of the Enst in bis manner is tempered with Home element tougher and more ruthless.

When, by chance, a traveller's cheque

hi hands fell into recently, Anthony, who is 21. decided not 10 Inquire too closely into its ownership, but to put it ክፍ

to

own use Had he inquired, he would have that the cheque hid learned keen reported stolen from an months Ameriçin. earlier.

24

three

!

Chan faces a charge of for- gery and five charges of utter- ing forged documents between December 1834 and February last year.

Crown Boxlilly. Is prosecuting.

Offer boy, Yan Kwong-chung, said that he scaled samples on the certificates, but had never taken off a seal to put another on any of these certiflentes. He Gold that he did not put the seal one of the certiflentes **- hibited in Court.

Counsel, Mr J.

and

PROVIDENTIAL

A clerk, Ng Kam-cheung, NTHONY was out of a jeb said that he collected a fee of when the cheque reached $3 for each certißente Issued and him (and how it did that in a back for amendment he would If any certificate were brought story not yet publicly told). He

collect another $5 naw its arrival as providentul. For though,

Terving document would since school,

worked hand

In Jaboratories. he had a strong feeling that, given the chance, tie could

ተነፋት

second time.

be franked

"TD" CARD

the

나

វា

Ng said that he collected the earn money also by fee from whoever

produced his hobby-photography.

"TD card bearing the number ond nainc

the registered of factory.

Given the chance, and given

a photographle enlarger, which he had nevt bren able atford.

that

1-12

73, PAR, QI,

1998 by MA Berden, Ye

"I'll say there are a lot of girls in this office who don't want to got married-I've asked them!"

Court Dismisses

Three

175

Appeals

STARTS. INSTANTLY NEVER MISSES

SHEAFFER'S

To

High Tributes Memory Of The Late Marcus Da Silva

High tributes to the memory of the late Mr Marcus Alberto da Silva, the well-known solicitor who died at St Paul's Hospital on Monday, were paid at a special sitting of the Full Court this morning.

Speeches were made by the Acting Chief Justice, Mr Justice J. R. Gregg, the Hon, the Acting Attorney General, Mr Arthur Hooton, QC, the Leader of the Hongkong Bar Association, the Hon. Leo d'Almada, QC, and the President of the Hongkong Law Society, Mr G. S. Ford.

Seated with Mr Justice Gregg in the Full Court were Mr Justice James Wicks and Mr Justice J. Reynolds, Acting Puisne Judges.

Able Advocate The Acting Chief Justice, Mr Mr Justice J. R. Gregg said: Attorney, We are assembled this morning to mark with sorrow the passing of Mr Marcus da Silva who was well-known both within and without our legal sphere.

Mr Marcus da Silva Wha a vigorous and able advocate whose professional services were much in demand and whose abilities were respected both by Judges and members of the legal professions alike. He was admit- ted to practise as a Solicitor of the Supreme Court in the year 1930 and rapidly achieved suc- cess in his profession

During the Japanese occupa- tion of Hongkong Mr da Silva

was

To the public he is perhaps successes, best known for his many of them spectacular. the Police Courts. He brought the to

a zest for every caso

others.

CLICKER

MEDIUM & FINE BALLPOINTS AVAILABLE

In recent Issue of the American music magazine Metronome there was an article which posed a question. I 'bop dead?

The

At the rials of incurring a little wrath I would say "Yes",

So too is 'boogie-woogle'. At moment, as far as the re- cord buying public is concern-

band 'commercial material" are

There is also top

a goodly following for the modern stuff and with the recent of course reless of the Alm of Benny Goodman's life the 'swing cra will be recalled.

od, mambo, 'dido' and blg

However, the fashion has staro changed and the bop.

has been passed. Just as in things the public most other is fickle and no kind of music

arc

identified and fulminating | Remedios, members of the Staff against the adverse judgment of of the late Mr Silva and many some learned Judge.

in the 'pop' field ever seems to of his.

last for long. The That temperament

occasional Rare Combination however, did not get the better

revival occurs as 16 is doing Before attending his usual now in the case, of 'dixie', but of his keen discernment and his

morning, Mr T. there is no permanence. involved in the case in question. Creedon, appreciation of the legal points businere this

first Magistrato of A look of the record cata-

He was a

lawyer with a Kowloon, paid tribute to the logues of the big compailies.

in the meney of the late Mr Stiva. show which are, the. 'evergreens'. penetrating mind and

he himself

con cases which

While all who were present There are such tunes as "Tea "Blue Room" and ducted he displayedt auch other in Court were upstanding, Mr for Two"

of a brillant Creedon cald:"Gentlemen, this "Perdido", all of which qualities as that Cross-examiner and most force-Court stands out of respect to easily adapted to the current

the memory ful advocate,

are the sentl- of Mr Marcus da fashion. There Silva who died On Monday mental standards such as "Star- dust", "Deep Purple and evening last,

in an understatement to "It

Summer" "Indian

and they, too released. say that by his demise the are

The years. solicitors'

styles profession,

of which throughout the released change but the melody he was a member, has lost may great lawyer and A

brilliant lingers on. For my part, I like

this...most

modern styles be- advocate.

"He brought to the exercise of come monotonous and a change

rest. is as

DS # Good his profession in the Courts a

There is a lot to be said for razor-sharp intellect and a vast experience that lumined with bap boogie and the rest but sparkling clarify even thE

that a little is nearly as much can stand, and ay most people any more becomes a bore.**

FERRY SERENADE You may have noticed that on the Star Ferry piers there are now kud-speakers. These bave. been used to warn against pick- pockets and to ask, the milling throng 13 pass along. I wonder whether it would be a good idea to play suitable music at certain

of

morning rush and

fight which is seldom paralleled in the legal profession."

was detained for some time by Strong Personality

at

sion

after fic

how-

Ι

Court

ebtruso questions of law, there is also the inescapable-fast-

the Japanese and suffered badly

their hands. Eventually,

That same zest he displayed ever, he managed to escape to In living. His was a most col- Macug; and

number of ourful and as my telend the vicissitudes,

returned

to Attorney-General has said Hongkong after

the liberation. vivid personality. It was also a On the resumption of British strong

to a layman who might visit the personality and оце Civil Administration, he again which his brethren in the pro-

Court would occur the thought, on hearing Mr da Silva, 'Hero started practice as a Solleitor

fession will greatly miss,

is the touch of genius, the master here and again achieved out- I myself who may claim to

hand." A great lawyer and standing success in his profes-bave known him better and The appellants

brilliant advocate, it was a com- W. T. Charles were Cheung cane by Judge Fuk-yin, allas Cheung Ngau, for stealing

t a purse from

Mr da Silva fell ill towards longer than most people in this bination rare even among the Im especially most experienced, and in his who

¡today sentenced to four woman; and Tung Slu-kong, the end of last year, but despite grieved at his death. years by Judge K. R. Macfee who appealed against a con- his illness carried on with his

That death has caused much passing the Courts of Hongkong of their ablest for robbery with violence; Lauviction on a charge of assaulting work until shortly before his

sorrow not only to his family, have lost one

officers. a woman with intent to rob fer, death which occurred on Monday not only to the members of both Chung-shing, altas Lau Keong,

"To his relatives and to his who was

sentenced to three Cheung had two previous cone last at the early age of 48. branches of the profession but

victions and years and eight strokes of the

Lau had nine

To his mother Mrs CMS. also to a very large number of /mother it is our sad duty, to previous convictions for

fender our sincerest sympathy the Alves and to his brother Mr friends whom he made in the on his death. May C.R. da Silva and other family course of his career and as similar offence.

The Fall Court also dismiss-

we extend our sincere member of this community. ed an, application for leave to athy in 'their bereavement,

The Bar wishes most respect- app.al against a sentence of five

Their Lordships, Mr Justice fully to be associated with your Reynolds associated themselves sympathy to the family of with the remarks of the Pre- Marcus Silva, sident of the Court,

Two appeals against sentence and one against 10 Miss Chan Kwal-han said she

issued

Preference conviction were dismissed by the Full Court, com- Imperial Certificates which had been apprising Mr Justice J. Wicks and Mr Justice J. Now he luid time for photos proved. She

Said

Blic graphy And, suddenly,

Reynolds, this morning. the handed these out on the pro- means of buying an enlarger, duetion of

card. She He marched to the nearest knew the accused and a foki of photographic shop, and chose his by sight, and had sometimes the instrument he wanted. Ho handed the accused a certificato brought out the cheque, forged for the Wah Shing Weaving o signature, and passed the slip | Factory and sometimes his foki, across the counter.

Wong Wing-scer, proprietor of the necounting frm of W. S. his firm pre- Wong, said that

applications for these certificates after checking the costing. Either he or his accountant signed these appllen- tions.

4 IF YOU WOULD WAIT

"TM afraid, sir, I can't let parte

take you

the enlarger with you," the shop manager sait. "This cheque, if you could wait for day or two, and come back Juİ EL formulity...."

or

Wong said that he initialled alterations on applications, but the document produced to him, Anthony left the shop. The although it contained his signo- initials which were manager telephoned the police. ture, bore Something about his

not recent

his Iris accountant's. customer had

Cross-examinated mude him

by Mr Cheung, Inquiries

Wong said that he had were Anthony was traced. At known the accused for about a half in connection pleaded guilty year and attempting oblain by with the applications for certi- means of a forged lustrument, ficates and he had certified over enlarger valued at £11. 6s.100 applications for his factory.

suspicious.

mnade.

Bow Street, he

to

to

"There is one previous con- viction," sait

policeman to

was

Sir Laurence Dunne, the chief

nugistrale. "That insulting wards and behaviour, last year. This ne probation,"

INTERNED

for

was

on

The case is proceeding.

Breach Case

Hearing Postponed

The

breach of promise case in which Miss Gleria Franklin, through her father, is suing Cpl D. McCombh, was interrupted this morning when Mr P. Re- medios of M.A. da Silva ond Co.,

1, applied to Judge Churley in Kowloon District Court for an adjournment of

hearing, pro-

Musicians Govisionally until Friday next."

Back To Work At BBC

London, Feb. 21. The British Musicians Union enfled off its weeklong strike against the British Broadcasting Corporation tonight.

TELL me about hlin," sak

Str Laurence. "He has a усгу unusual background, sir," The officer said, and when he had told of Anthony's parents, went on: The family came back from the East in 1939, and a few A settlement was announced weeks before the war this boy's

after Ave hours of non-stop mother

took him to see her tulky, and

Ennouncement people In Germany 'There, was made permitting musicians when war broke out, they were to return to work for BBC im-

interned. They came back to England in 1948, when the boy was 14. He's had a very good education, sir....

mediately.

The strike stemmed from a

Mr Remedio; said that the late Mr Mareus da Silva was the original soliciter to receive instructions from the plaintiff.

Those instructions were ren- dered invalid owing to Mr da Silva's death.

Mr Remedios said he wished to interview plaintiff either to receive fresh instructions, or to sen Mr da Silva's executors for a directive to continue the case.

The application for the Journment was granted.

ad-

APPEAL IS ADJOURNED

union demand

that BBC pay! higher rates to non- staff What do you want to say?" muriclans appearing on its TV Sir Laurence asked Anthony,

The Full Court this morning "Well, at the time this hap-

BBC refused, the adjourned un appeal against pened." Anthony answered, I'd made about is applications union ordered members of the sentence of three years for 106- bery brought by Fung Yung- for jobs.

TEMPTATION

"AS I'm

programmes.'

When

the

13 BBC staff orchestras to re-

fuse to play on TV. The ban claimed to be 17.

kat, allos Fung Ling, who

was to have been extended 10 BBC radio on Feb, 29. BBC

In adjourning the appeal, the

An enthusiastic retaliated by dismissing 300 Full Court made an order for amateur photographer, the 725 members of its staff

and had always wanted an en- orchestras,—United Press, larger, well, when this cheque

came into my hands, I can only say I fell into anyone else would

talion, as

"I'm not very impressed with

what you say,"

the chief magistrate. TI think the very large majority of people would

not have yielded to this templa

tion.

Prison For Gross

Indecency

Kwok-woh, 20, UB-

Lee If anyone had muffered

by this, you would have employed, no fixed abode, was gane to prison. You've got sentenced to three months hard plenty of ability, and Intel labour by Mr Hin-shing Lo at ligence.

of gross Anthony probation. He marched from Leung Hung, 10, unemployed,

mitting an act

In-

the

the

medical evidence a appellant's ‘ago, and for a report from

Commissioner o! Prisons its to the appellant's suitability or otherwire for the

Training Centre.

Boys

The

Full Court, comprising Mr Justice. Wicks and Me Justico J. Reynolds, dismisscul another appeal against sentence of seven years for robbery and arms possession brought by a co-appellant. Fung Woon-ho, allas Fat Chai. Fung Woon-bo ...he bad a 10-year-old other

a teenaged

and

10.

ས་

.support.

"

Д

a

peace."

the

five o'clock rush may not he rest in be the right time, although I always reminded of The Last Roundup whenever, being

faid shoved jostled

around.

years brought by Wong Keung James Wicks and Mr Justice J. Lordships in the expressions of Radio Hongkong During the early evening lurw-

for permitting a flat to be used for the storage of heroin.

Decorated For Long Service

The Long Service and Good Conduct Medal was presented this morning to Sergeant H. Porter of the Royal Military Polico

ce by Brigadier : L.N. Cholmcley, MBE, Commander, Hongkong and Kowloon Gari rison at a Unit parade held at Whitsoiți Barracks.

stine,

Sergeant Porter has seen service in many parts of the world, including malta, Fale- India, Germany Aid Koren,

Picture above by staff photographer shows Brigadier Cholmcley planing the muotai on Bat Porter's chest,

Lorry Falls Into

Harbour

H.K.T.

ever gentle strains of Strauss

or Gershwin would make the 4 p.m. Time Bigual and Pro-waiting more pleasant, surely. gramma Summary: 6.03, Lucky Dls There are a couple of people Variety Requests presented by Mary: *** gherita,

I

General's Department and my colleague, the late Mr Marcus to the Pictures in which a panel of pick-pockets

critics review pictures currently tones that even the pick-pockets

undoubtedly

Woods:

"Wonderful Man” Sheer Hard Work

Mr GS. Ford, President or ideierview? by Sha Mead whose volces sound almost up (Studio); 6.55 BStudents working for the Ferry Company

London The Hon. the Acling Attorney the Hongkong Law Society sadd: Recorded

Relay): 0.59 to radlo standard. I know Gentral, Mr Arthur Hooton, QC, I arise on behalf of the Society Weather Report; 7, Time Signal and

The News (London Relay); 129, because have heard them sild:

to pay tribute to the memory Commentary (London Relay)

watch out for or urging people. On behalf of the Attorney of

brilliant

and

clover Special Announcements: 7.15, Going

in such dulcet self may I associate myself with Silva, and I wish to associate showing in Hongkong with Audrey what has fallen from your Lord-myself with what has been said gender in the Chair (ecorded); must have been charmed.

7.30, Time for Jazz" with Robin

All that would be needed to Your Lord by your Lordships, the Attorney Day (Studio): 8. Hour Roll of its supply the music is a ships this morning.

Pocord General and the Leader of the 1932, ship, Mr Justice Gregg has re-

10 Your Radio Concert Hall Water player at each pier. A simplo Bar ferred to the outstanding suc-

Melton (tenor), with Howard Harlow set of controls would suffice and thed the chorus and Orchest; B. then the cess which was enjoyed by Mr There is no denying that

thousands of people da Silva in these Courts. That late Mr Silva was a very able. Time Signal; Wednesday Theatre who pass through each day. success was

a very, brilliant cerita Robert Maxwell would hear musk, just ne do inlawyer

Buckeridge-Cast: no small measure due to the advocate. As

your Lordship (Neville Evans), Dorothy Maxwell the passengers st Waterloo pains and sheer hard work which | hua said he very soon, made a Audrey Mendes); Derek Maxwell Station in London and in many

(Robert Fearnley Whittingstall). put in.

name for himsels in the profes-Charlie Palmer fohn Lite), Head: other travel junctions throughout Work for him was not a sion

master (Eric O'Neil Shaw), the world. matter of a 40-hour week or He

wonderful Fraser John Young). Diber parts (John Young.. Robert Hoare, Myrile even on 80-hour week. It is man with д tremendous Glanvill, Hilda Evans, Gary Crook, The one record for this week doubtful If any man has ever vitality and as the Attorney-Wilkam Mayne)-Produced for the

is a first class piece of recording worked Jonger hours, and Generat

Garrison Players by Regge Olanyili has said he worked tecorded): 1.00 (approx), Balld with what I consider to be the certainly

came into very hard. In fact he drove for Americans--Dimg = Crosby with best pairing of female vocalists Court In any way unprepared himself too hard.

the Ken Darby Biogers | Orchesiya

in a long time. The record is a alther as to his facts or upon

conducted by Victor Young; 10, "Quiet› Listening"-Hector Clinuvin

Decca 12 called "Pete Kelly's the law:

at the Hammond Ongan (Recorded); Blues" and contains all the 10.15. Guildhall, Luncheon to Her

songs from the Jack Webb film Majesty the Queen and HRH, The Duke of Edinburgh on their Return of the same name. The singers from Nigeria (London Relay): 10.40, are those two wonderful vals Music of the Twentieth Century Dronestral Variations on Theme who sang in the film. Peggy of Paganini, Op. 20 (Boris Blacher): Lee and Ella Fitzgerald, anil

Weather Report: 11. Ting their voices are

delight. 11.1.

Goodnight

he

Не печег

a most

for

It was common practice

to work up to 3 or 4 am, the morning.

him

It was a rule rather than an [cxception 'for him to work long

He was always a formidable hours through the right in pre opponent because he was fear- paration for his next day's less and a hard fighter, and by cust

Allied with that capacity for loses a very brillant member, his death the Society certainly sheer hard work he had un-

Further

Mr

London

REDIFFUSION

سلامي

RECORD REVIEW

It

doubtedly a profound knowledge who has certainly made a name fadio News Reel Recorded has always amazed mighthon

ever I think how few · records of the law In all its aspects. for himself in the ical profc Music) 11.0, Close Down

sion of

of the Colony,

Peggy Lee has had in the bit- he was tremendously

domestic side On the

parade. Her styling and her loyal to all his clients and dil Silve was a very fillai son, and

p.m. Variety

the volce are inantly botter than Tune: 73, Wednesday · Conceft his best for them through thick a devoted father, and as

most of the most popular pop an Uslegfried's Rhine Journey": from and thin however a case was elder brother I think he had no

Werkopers "Gotterdammerung: singers and her material always going

Jequal. I am sure his family will

No. 4 in BF neems to me to be superior. his passing most acutely Charles Dickens: 4 Teil only hitparader she has ever feel

As far as I can remember them. I extend my

Great. Courage

Throughout all his work

==

to

"as though $45, Eleak House...by

Bilety

Intrument47;

Two:

the

Dossier on Dumetrius: 5, Children had was the Mexican accent.

Aunue

and and

Comer-Conducted bý life he showed great courage sympathies and condolenco. fand, great tenacity of purpose.

Patricia; 6.30, Wednesday Request Song, "Manna". However, on Those Present

Presented by Betty:: Båt, Birthday |this disc Peggy shown exactly Не never gave in and even

Malibagi Music from Germany why she is the most appre Among others present were Mr

9.30, Musical Quiz with Prizes Teclated singer amongst the boys when he knew he was stricken

P.. d'Almada ・・ (Supreme | Lacky Winners; 1849, The, 2006) Be still with mortal illness.

Mr W. C. Yard, Time Signal and The New, in the business and ..., with old- Court Registrar). defcat It and retur expected to

(London, Relay) 709, Weather Resumer Ella she does a wonderful Low, Mr. P. R. Springull (Deport to practice in these Courts,

value for 10 werta;

he Cock: job indeed. These Courts, will be the poorer for

And

Maurice Chavallery: 150. Diriosema

{ doubtedly 'he. will be long re-H. H. B. How, Junk Judge Show; 9ade La Farlow Harrin if you hear it, then, you will

membered as a

Don't fall into this Central this morning for com | dating with the appeal by passengers, skidded at the cind bereavement," "at" this time, nort of thing grain in put on decency.

Pedestrian Injured

puly Registrars), Mr CM.

17973). | 1431. Hour: ¤, Parsonkity: Parades- You don't have to have scen Lung Clerk of Judge W. T.

Charice, vivid

K. R. per-Macfee, Mr John McNell, C. From Here: 1090, Muse from us it over comes round again. A Pot 'Q'gold with Cash: 10% Take It probably want to soo the firm if sonilty and a strong advocate, Mr Brock A. Bernacchi, Mr D. Champagne Rooma). 11,7 Date Win

May we therefore *associate A. L. Wright, Mr. M. Heenan, Danen: 11% Prelude To Mid- first rate record by : twp first ourselves with your Lordships Mr W. A. Hair-Kerr, Mr A. J.-ings. 13 midnight, "God" Bave The rate singerweg expressions of dorpest sympathy Chford, Mr 1. T. Morris, Mr

MrQueen"; Close Down,

DECCA. DL"8166....One A commercial lorry, loaded to the loved ones of his whom Hin-shing Lo, Mr C. Q. Lim,

"LP.... Pete Kelly's Blues", their Mr W with goods and carrying four ho has left behind in

Winter Mr Simon M. Mr. Yung-kau, Mr. Justice of Saigon Street, at 11 am, yePenetrating Mind Hea Mr.J. E. Wicks asked Mr W. A. Blair-terday and overturned into the

Mr Spurlock,

T Kerr, Senior Crown Counsel, it sea

The Hon, Leo-d'Aimáda, QC, wald. Cheung ring, Mr Og

Mr.M. Morley John Mr

A commercial lorry knocked A motor bus collided with d

could tell, for he hid them bo- due to his youth.

Pickering, Y. H. ham Tod at 6.30 p.m. yesterday. Centralnour Ice House The accident occurred as the Street at 11.30am. yesterday, the pale mask-lika The offence

bove car or replied in the cupants of which "Tam Ping, Marcus Bilva is perhaps best telures the East had, bestowed on meliary 21, onda negative. He sudded that the sustained facial injuries. Tho would on occasion burst bito Black, Mr E. J..d'Almada Remo. of 10, Kin Chung Strorty and shoung agred 18 of 99, Second

the aged 50 of Boat No CB 1085. | remembered as a solleftor who' H Mr W. L...

3. Armarong, Mr C. B. pedestrian, Lam Man, nged, 37 The tickshaw pulter, Ng Ma upon him.

220 Queen's Central. appellant was an orphan and injured man was taken to hot one's chambers, seething, with alde, Mr H. L.. Kwan, Mr A. M. floor tried to crow the roadway Street third hoor, mustained

when he win questioned by the pital, where he was treated and indignation and roundly do. Soares, Mr F. L. Lam, Mr. hebaldes of oncoming trade, ale alight injuries. He was frostacks, Printed and published by WILLIAM''ÁLICK GRINNAM for | Police ho. gavo bile digo na 17, discharged.

nouncing solicitors and count K. 8. Gill Med. Pakenham mustained head injuries and was in hookal buer wat nogi dez and on behalf of South China Morning Post Limited at 1-8 The appeal was tires ad-

on the other side in connection Walsh, Mr. Hail, Bir AI removed to hospital, where he is tadproch Apart Wyndham Bierat, City of Visioris, in the Colony of Hongkong, jouarneck

ita parecengers were unhurt, with some matter in which he Arcwili; and Mr. P.: d'Almada now, detained for treaterentang

Was

the court with the brisk step of no fixed abode, the second de a man from the West But fendant of the case, had' his

Fung

K

Bus v. Rickshaw.

what his feelings were, no one sentence deferred· for a work 50e question of rönding the The loux. Lek into the water? Looier of the Hongkong Bar MTX;'d'Almada, Mr. down - 6) Chinese: male" in · Chat~ | rickshaw in Des Voeux · Fíoad; :

hind

was committed

youth to a training contre, had near a sampant, one of the oc-

conaldered),

Mr.

The driver of the Jorry and

Association said:

My Lords, to us at the, Dec,

MC