1956-02-28 — Page 10

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CHINA MAIL

Trafficker's Man Has Appeal Dismissed Sentence

Increased

Remarking that the circumstances showed the appellant's reason for returning to Hongkong was to continue trafficking in heroin, Mr Justice J. Wicks at Supreme Court this morning dismissed an appeal against a two-year sentence brought by and queried the different terms Chan Nam for breach of a deportation order.

Chan, who had applied for a review of the sentence before a Central Magistrate upon convic- tion of the offence, had his original sentence of six months increased to two years by the Magistrate. He had two previous convictions for possession of dangerous drugs.

Chan lold the Judge that since he had paid his own fare his last drug procession

coming back. ༥▪h-

the

viction, he hart gone to Macao Mr Justice Wielts said and had obtained a job there.oppellant could have stut the He then came to Hongtong for money in his family here who the purpose of teking his family woul

Journey to M.cao.

to Macao.

Chan asked the Court to re- duce the sentence and said that he would thul_v

back to Hongkong

more The earlier can leave the Colony, the better." he said.

PAID OWN FARE

ור!h

muke

Fok Blu-wah, who appealed agaluni an eight-month sentence

of sentences imposed on him on various occasions, had his son-

tence increased to one year by Mr Justice J. Wicks at Supreme

Court this morning.

Mr Justice Wicks remarked

the appellant had committed three series of offences (unlaw-

ful pawning and obtaining goods by false pretences), and i!

he appeared before the Court again on the same type of offence. It was unlikely that the sentence would be less than five years. What the defendant had done I was a "must heartless fraud on

thu short | working people," he remarked.

The record of the appellant

hewed that he was a consistent offender In drug

Fuk

appcated against the sentence of eight months passed i dealing, and co him for ne count of unlaw. the clrcumstances howed that ful pawning and three count

obtaining goods by the petones.

previri

the

Lu

to came

Hongkong fox

euron very different one he had given to the Court,

a

pased on him on review was a and the appeal is

ان

בנן

He said he had conviction for

24

"I consider the sentence in, similar offence and had on that:

occasion been only sentenced to six weeks. He asked why there should be a variation of the senteners. Is the law changed Trom time to time?" he asked,

proper one

Refusing the appeul, Mr Jus- tice Wicks salt on his own ad-dismosed," surt the judge mission, the appellant was domi ported to Macno where he had; found work and settled

down!

He returnell tu Hongkong. knowing very well that it would

be an offence to do so. In fiet.

MAN'S FRAUD

NOT CHANGED

**The Inw is not changed.“

A 24-year-old broker, who said Mr Justice Wicks. On the secured $40 from

Indian Arst conviction, the sentence

firm by telling then that an advertisement Wookt De pub-

War Risk Decreased shed in the 13th Exhibition of

(Continued from Pare 1)

pewers who hud vulenial respon- blitive to pat their colonial

houses in order.

was usually very light for the reason that I was an encourage. 132014 to convicted persons to Hongkong I'tuducts booklet, mend their ways and to becoIME why remanded for 24 hours by law-ablófog eltizens.

The up- Mr Hit-shing Lo al Central pellant. had not Taken the this morning.

advantage of the chance given

He adder. armid rista 65 | manage *** "noirenic" from

Verement supporters:

MAR

think we ought to say to quite Portuguese ollies frankly that by these policy in on they are doing more damage

Westein 1:2 the

CHUT in Ada than could be made up by the contribution they are making to the North Atlaälle Treaty.

The truth is when we

India we sealed the fate of all other colonial footholds in that area and the story can only have one end now “ · Reuter

WARNER'S

The

*

Established 1845

TUESDAY, FEBRUARY 28, 1956.

SIDE GLANCES

By Galbraith

Chant

1-17

© 1956 by NEA serving, ba

"Our TV set broke down and I went to sloop doing my homework!!!

Inadmissibility Of Statements Submission

Chun Wing-kee, aling Sumthin. Tak-ming, pleaded guilty Idefrauding M W. Dayaram.

appellant. Mr Justice Mr Oswald Cheung, Defence Counsel in the trial Dulamal and Son <a

Son Wicks continued, had been em- of a cloth manufacturer on charges of forgery, made Company on November 21. last ployed in Arm hiring out submissions on the inadmissibility of two statements yeur.

The remand was ordered sewing machines.

He had lost his because

before Judge K.R a previous allegedly made by the accused to give defendant the opportun- ity of refunding the $40 to Mr conviction for

combezzling from Macfee at the Victoria District Court this morning. his employer Dayarın

on a course fraud" on his founer customers, These people

achines

102 in order living and the appellant ublained these machines by representing himself as an employee

Camera Stolen

A camera was stolen from an unattended motor vehicle parked totalslides the fealth Offices in Nathan Road yesterday

Toon

after.

Petal Cup Bra . . .

indispensable when you're on the

go

He then

set gut

out The Defence is objecting to the admission as evidence

of "most heartha cautioned statement and a statement in answer to the hired the sewing charge allegedly made on July 7 and 8 respectively by the

make a accused.

in and pawned them.

SHEAFFERS

Skrip

Counsel Argues Immunity Of Foreign Sovereign

Mr Percy Chen declared this morning that if the courts enquired into a foreign sovereign's claim for property, the sovereign might prefer to sacrifice his property, but might seek retaliation by requisitioning property belonging to subjects of the state to the jurisdiction of whose courts the sovereign had refused to submit.

Mr Chen was continuing his argument on a motion to Mr Justice J.R. Gregg in the Supreme Court to set aside an action over some share scrips of the Union Insurance Society of Canton Ltd, and to release them from Court custody. He said that the action impleaded a foreign sovereign, the People's Republic of China, who, ho said, claimed the scrips. He submitted that Chîna was entitled to jurisdictional immunity.

Plaintiffs in the action are the Midland Investment Co., Ltd, of Room 601 Pedder Building. They are represented by Mr John McNeill QC and Mr Leslie Wright, instructed by Mr P. A. Deacons.

Vine of Mr Brook BCT-

Mr Chen

nacchi instructed by Mr H. L. Kwan, of Ford, Kwan and Co, represent the defendants. the

Communications

of

of

British patent and should be Words could not be expressed destroyed, but the court allow-more strongly than those to cx- ed the Mikado to remove them, press the coincidence of views of Mr Chen quoted some remarks the judiciary with that of the of the Judge in that case saying executive on such matters of it perhaps characterised the at relations with foreign sovereigns, tempts by the plaintiffs in the Mr Chen sald. present case. He quoted the Judge in England as saying:

He contended that if the pro-

an of the opinion that this utperty

were

Required by an

·

tempt on the part of the plaintiff executive net of the sovereign in Bank

to interfere with the right of a bis own country the legality of. Prince's Building.

foreign sovereign to deal with that act could not be challenged

by British courts, Plaintiffs' claim is for delivery his public property is one of of 26 scrips in the possession of

the boldest I have ever heard of When the sovereign said "It is the defendants, reinting to 1,643 as made in any court in this my property; or, is in my pos- shares

in the Union Insurance

country, think that our coun-

session or control and I osk you Society of Canton, Ltd, which

try woul

would consider it a

very for it that was the whole of plaintifs claim are their pro- serious maiter and possibly de- the ease. The courts could not perty, or damages in fou there-mand reparation" (if the

com-touch it, Mr Chen submitted. monder of a British warship in The remedy was through other Subsequent to the filing of the foreign port were not allowed means. claire, defendants had fleet a to remove his ammunition or motion to ask for an order that | other properly). the writ be set aside on the ground that the Court had no

Jurisdiction to entertain

action ou

Sovereign

the

it impleaded on the State of China, and for an order that the share scrips placed in the custody of the bitir. of the Supreme Court under an order dated Seplem- ber 1, 1953. be released" to defendants.

why

INDEPENDENCE

care

The case is proceeding.

DOUBLE 10TH INCIDENT SEQUEL

Mau Denies He Helped

Organise Assault

A denial that he was one of the ring leaders who accused for the had organised an assault upon the alleged tearing down of a Nationalist paper flag on Double Tenth last year was made in cross-examination by Lam Shiu, an enamel factory worker when the trial of Li Nung, 27, a painter, for murder continued be fore Mr Justice J. Reynolds in the Criminal Sessions this morning.

Mr Chen said that the reason sovereigns or sovereign states enjoyed jurisdictional im- munity was that the absolute independence of every sovereign treated such matters with was recognised. Therefore courts the utmost

and Used their machinery to ascertain that the not Independent sovereign was

sacrifice Chant Po- should refuse to necept state-being called upon to

or his in- of thecheung, 44, proprietor of the Wahments made by en accused per-elther his property

dependence. ile in son after he had been Shing Weaving Factory

he was in the The court could not enquire, charged with forgery and utter examined when

custody of the Police.

by hearing contentious evidence, ing Ave forged documents

Mr tween December 1954 and Feb-

Cheung then

a sovereign's declaration cited Into authorities in support ruary 1st your.

of his that certain property was in his submission.

possession. cald Mr Chin. The court could

not enquire by not give him "face." hearing evidence on one side or

The

Breused

is

be

After having studied the ap pellant's record ut previous convictions. Me Justice Wicks suld this was the third dialinet aftence of exactly the sanc nature and it was a case for anbe Imperial Preference Certif- increase in sentence.

cutes issued by the Department of Commerce and Industry, re-

Two Alleged

"Bookies"

Discharged

The documents

purported to

Hearing is continuing.

lating to the shipment of goods Radio Hongkong

to Mauritius.

Mr Cheung, instructed by Peter Mo is representing the accused, Mr J. Bodilly, Crown Councel, is prosecuting.

HEAVY BURDEN

He co

to court

such

09

to

Witness earlier in his evidence in chief also declared that he heard the accused say that the reason he stabbed deceased to death was because deceased did

he approached him and asked about the incident. He did not know the people who were there and shouted Boat him up." He did not know the people who had chased the accused. He did not see any blows struck on the accused.

Mr Clifford:

the

?

Did you say in the lower Court, "I saw them (meaning workers) strike him A tew

Witness: Yes, I did say that.

оп

SAW RAISED FISTS

Was it true what

don't know,

the other which was aimed at Li is charged with the murder showing whether or not the of his foreman, Hung Ol-chung, solemn declaration of an in- at the Yick Fung Enamel Foc-

Road, dependent sovereign was true, tory, Castle Peak

contended that to submit October 11, 1955.

You said?-AI II.K.T. 0 p.m.

The Prosecution said that the an enquiry before the Time Signal and Pro-

to this statement I saw persane raiso 4.03. Atock Framne Summary:

submit to its accused was severely beaten up their fists but where the blows landed Market Report: 6.08 "Down Honolulu jurisdiction. "An Independent for allegedly tearing down the Way"Hal Aloma (guitar) and la Kovereign who desires to main-fing. It was alleged that twe Did you also say, "Blows were Hawaflans; 6.30, "Adventures Sti Music-A prograin for "Students sain unimpeached his honour and hours or

so after the asmult, divered on the defendant in quick

succession?"—Yes of Music of all ages-Theodore his dignity might prefer to sacri-

accused stabbed deceased to Was it true trat they wore de- Huang dlacusses his experiences as Пор

property

livered on to him in quick succes- rather than death with a triangular file. ilce his musle student in America and

alon? Correct. And sacrifice his independence. Weather Report: 7. Time Signal and plays some examination pieces: 6.69,

Mr Desmond Mayne, Crown suggest when you said in your that same sovereign, if such an Counsel, is prosecuting. Divi- evidence in chief that you did not the News London Relay: 1.00, order were made by the court,sional Detective Inspector W.E. To any blows landed, that was Commentary (London Relay) of

deliberate e in order to protect your. Special Announcements: 1.15. First for instance, to hand over a ship Thomas, officer in charge of the

Nationalis friends?-1 disagree. by the sovereign Hearing" presented by Alex Borrie requisitioned

I also suggest when you sald-you Studio) Wynter Vaughan to private individual, might case was present in Court for

did not know any of the persons Thomas Talks. No. 2 Something to

remedy by

who chased becused and struck him, Talk about (BBCTS): B, Inter- then seek his own

Accused is defended by Mr that was airo a lle designed to pro national Half Hour Demi-floure retaliation and the requisitioning

Leet your friends,--- mally could With regard to the statement Francaise. Presentation do M. Castel of property belonging to the sub- John Calford and Mr Kamindar

not recognise who they were be Durling at Central this morning allegedly made on July 7, Mr with Robert Maxwell (Rarp and his jects of the state to the jurisdię- S. Gill, both instructed by Mr:

|(Studio); 0,30, Starlight Berenade.

calle as they were running straight as he held that bath delendants Cheung submitted that there Orchestra: D, Time Signal; Music by

I could only see their backs, not had not committed a breach of was a clear line of authority Orchestra cond. by Bir

tion of whose courts he had re-

their faces. Commonwealth Composers = BBC fused to submit,” Mr Chen said. that the statement taken from Adrian Boult (BBCTS) 10, Listener's

TASS.CASE.CITED a man in custody by crossChoico presented by Frank Miles What Fred Waring and his Pennsylvanians statement He would submit

19178) | Gles_Club and his Orchestra; 10.59, that on the

facts of this case Weather Report: 11. Time Signal the alleged cautioned statement Radio News Reel Recorded London was clearly obtained from the Play): 11.15, Goodnight Music; 11.30,

Close Down by cross-examination

In his submission, Mr Cheung said the Crown must prove that the statement which were now tendered to the Court had been Two alleged "bookies" who made voluntarily by the accused

caught by the

Ponce This being so, the burden of operating a "stund" at the Hong- kong Jockey Club on Saturday proof were discharged by Mr J. E.

were

the law.

00 the Crown was heavy one.

Ng Wal-chun, a 22-year-old | acumination was not a voluntary (Studio): 10,30, "Broadway 1955"-

woman, pleaded guilty yester day to playing in a commonl goming house. while Yeung Kom-kin, 31, pleaded guilty to keeping 羅 common Kaming

house and playing in common when the accused was in Police

accused

gaming house,

custody.

was

Both defendants were seen In the second place, it accepting bels from backers and clear that the statement, which paying out according to the was induced or made as a ceruit totalisator at the end of the of inducement by a person in race in the public stand on authority or with the connivanse Saturday.

of

Q

in authority, was not

submitted.

THE RULING

REDIFFUSION

He argued that even truding nnt newspaper

concerne

agencies representing a foreign

wero entitled sovereign

to Immunity. He jurisdictional elted the instance of the Soviet Tosa agency in London being sued for libel.

In the present case before pm. Variety Calls the Tune: 3. ne cit Musical Matin; 9.30, Freddy Martin: COURS

the court, Mr. Chen said, the Show 4. Tea Time Rendezvous: 430, writ was issued by a company Vocally Yours: 3, Children's Corner Incorporated in Hongkong. The Conducted by Auntie Patricia: 0.30, writ named the Bank of Com- Progressive Jazz: 6,Band Call

defendants. Featuring Edmundu o and bumunications

rebentra: 0.134 Birthday Minibar Originally the plaintiffs claimed from Northern Ireland; 6.45. The

DA

Police.

P.D.A. Remedios.

A Special Jury of seven men have been empanelled.

HEARD COMMOTION

Continuing :fa evidence from

yesterday,

Lam Shla, anlarnel worker, said that he returned to his pan burning department after Juncti on October 11. About 2 p.m. Hung Yim, the deceased's unde came to the factory to look for the deceased. Ho had a talk with Hurt and on result he went to the enamel burn- ing department where he saw boih the deceased and the accumei.

He said he spoke to deceased and at 2.40 left them.

Some time after 3pm. he heard a commotion. He went outside to Investigate and on seeing accused running away he rave cham. wit

Chemisṛible as evidence, Mr 0.15, Come Into the Parlour-Muzlo share

Final Year; 7, Time Signal and the to share certificates relating } nes said. He pursued accused into

the control and occupation of a whatsoever, Counsel continued. place which is used as a bet- ting establishment by some- body.

He said

that

Mr

WET &

I further suggest to you, that you one of the ring leaders in both chasing accused and the beating-up, was your organjeed „assault.—That is not correct,

Hearing is continuing.

A

CUTTER SEVERS

OIL PIPE LINE

the

evacuated

Los Angeles, Feb. 23. state of emergency 'was declared in an area covering 20 EQUATO · kilometres of Los Angeles yesterday after a trench-cutting in the Union Insur- the general office. He asked ac machine sliced through an oll A prisoner having been crces-Hows (London Helay): 1.09, weather, ance in possession of the Bank, In discharging both de examined Arst for

cused why he had stabbed the de-line, letting oil filter into fendants, Mr Durling said that minutes before he was cautioned, lude: 7.18, Ray Any Strings: which was a claim in delinus "ace to wanted to slab him to

about 20 Report, Announcements and Inter-

ceased. Accused replied that it was sewers and gas pipes. or damages

of them, because deceased did not give him in lieu the essence of the offence was this caution had

A number of explosions have no effect Orchestra: 7.30 Binging

Personatino Musical Featuring plaintiffs also asked for a de

Miles and for conversion. The death. "Either deceased or I must occurred during the night.

dle today," witness' alleged accused Four schools were George Melachrino's Concert Orches-

fald, JUDGE'S RULES

and zeveral factories were forced trs: 8.30. Passing the Buck-Con cloration that the shares were

factory manager (Tung Kl- ducted by Professor Dimples, with their property, and that they had cheung and factory foreman to close down.

(Shung Ping) who were present panel including Jerry Lewis, Bodilly had submitted Stephanie Tyler, Anna Britton and a right 10 them

No reports of casualties have woolded the accused for Soft lovely contours can be yours from 9.00 to 5.00—and was committed by a person who were drawn up to deal with the based on the life of Schubert: 1085 under which the shares

either offence yesterday that the Judge's Rules Paul Du Toit: 2. Light Opera Timo

being Mr Chen said that the sub-

'cocky".

been reported so far-France- *DA Dreimasderhaus, an operatie sequent order of September 1.

Pressc. after. Just look to this Wamer cotton bra. The soft merely occupied a small portion situation of obtaining confession Ted Heath and Hur Marie--with were hended over to the custody moulding of the petal-cup lends a complimenting line to continued, then it would nullity from the prisoner by the means penis

of ground. If this was so, ha

Lotis, Kathy Lloyd any fashion, any fabric; and it shapes, and keeps, a natural the

Brition: 10:20. Murder at of the Registrar was obtained ex physical wording of the

Midnight-Polande No. rounded contour because it's pre-shrunk for lasting t. offences "keeping a

Physical torture, Mr Cheung Wheels: 11, Date With Dewamlande parte in' the absence of Comes in hard-to-get sizes and fits just about every figure gaming house" and "playing in a said, had long died out in the curing the Songs of The Baile defendants. There was no

17th century, to a T.

and long before Cote Bingers: 11.30, Prelude To Mid-portunity for any Information to chairman. Deceased was also a re- no wonder it's a Warner favourite. White common gaming house."

the Rules were drawn up.

night; 13 might, Close Down,

be given to the Court at that Mr Clifford: Did you feel antagon. 32-38. A, B and C cups.

The Judges Rules were the

slige as to the impleading of irtle against secused for killing your foreign, sovereign, Tals motion | chairman and relion? СБСПОС of a -long line

the pollellors for

Witness: No. judicial decisions and the Donch

was filled by did not depart from the Rules

the defendants on December 10.king your chairman and relation

Did you ženi pleased with hirá fór

---Not pleased. and would, In its discretion, refuse evidence which was ob- with a pedal cyclist in Cnatio

A private motor car collided 1055.

it not true that you felt very angry 1-2D tained by

means outside the Peak Road, near Tak Nam

Witsesid he did not know Rules

Stroot, at 7.40 a.m. yesterday,

whether their union was th tionaltas union, is only know that

@ only $12.00

at

Paquerette Ltd.

16a Don Voeux Road

Tel: 21-157

ordinary

common

The wording he said must have some meaning.

Both defendants were then discharged and the exhibits- over 80 betting slips and $200 were returned to them.

Pickpocket On Tram

Printed and published by WILLIAM ALICK GRINHAM for from. Chinese tram passenger A pickpocket alolo $47 in cash and on behalf of Bouth China Morning Post Limited at 1-8 in Des Voeux Road Central at Wyndham Street, Cily of Victoris, in the Colony of Hongkong.1.20 pm. yesterday.

of

torture.

of

Cyclist, Injured

CROSS-EXAMINED

_in_cross-examination, witness told the Mr Clifford that the deceased was the chairman of the enames workers op-tree union and he himself was the

| Jative.

QUOTES EXAMPLE Mr Chen referred to a case concerning a shipment of shells

He had a comicsaśion with tha

German-Korean Pact Signed

Berlin, Feb..: Keren have signed a new trade Eastern Germany and North

and payments pact for this year, it was officially announced hero today.

It was quite clear that the resulting in injury to the cyclist, bought by the Japanese Em-an workers they had organised This agrocmont which was Court in the proper exercies of Kwok Tung-Jeung, aged 24 of peror from Germany and union and they did not divide them signed at Pyongyang -- at the Ita discretion, would exclude No. 611, Block, Shek Kip Japanese warships which were deseend on the morsings of October of trade betwem the two states shipped to England for three selves socording to posion of weekend, provides for a volume tained in breach of those rules. any evidenco, which was ob- Mel resettlement area. Time and again, the courts into Kowloon Hospital, where he tended

if relating to the tearing down of which is 80 per cent.higher than The injured inan - was taken | being built there, it was còn-

•National flag. the in that caso that

WEBES ACCUBIC beft the factory for that of England had said that the judge - is now detained for treatment. ¦ German sheils Infringed hunch on October 11, wilzaam metà PreERO.

year. Fraišče-

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