1956-05-30 — Page 10

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(Page 10

CHINA MAIL

Statement Ruled To ISTOMIN

Be Evidence

the Victoria District Judge K. R. Macfee held at Court this morning that a request allegedly made by a constable to an Inspector of the Anti Corruption Branch to "give me a chance" was a voluntary statement and was He is on trial

admissible in evidence.

The constable was Yeung Kal-ming, 26. Jointly with another constable, Two Man-shi, 27, in a charge of conspiring to solicit money from a man for forbearing to take action in connection with dangerous drug offences,

further,

Young

DELIGHTS

AGAIN

Mr R. W. S. Winter, instructed more pressure by Inspector Chuwith, music teachers. by Peter Mo and Co, is repre- later on.

Mr T Questioned senting second accused. Shurlock this morning deputised said he did not tell his own for Mr Winter, who was engaged superior officer about Inspector In another Court.

Chu, because after his arrest he did not have time to speak to his superior officer.

of

note-

Mr Simon Li, Crown Counse, is prosecuting, assisted fry De Sub-Inspector D. G. McNeil of After svine consideration, tiks the Anti-Corruption Brunch, Honour announced his ruling.

Chu Hok-sang th

evidence, in- Continuing his Insportor

he noted the morning gave evidence on the spector Chu sald

a his circunstances

ronark Arst accuvda jaccuzed's Test. He said that when he book He then told Young that accosted Young,

to believe that the latter old he had reason

received $zu me a chance, he had corruptly

from Ip Hung and that he was The question

He cautioned him to under arrest. whether the Court should adjnit) oNED MØTE, this statement as evidence ur not. First uccused elected to enter the witness box to testly on the events

him, "Please give Inspector,

AIC30 48

TOOK $20

Yeung said that when Insper- for Chu arrested him at compul- nant's house he (the Inspector) took $20 from his (nccused's) pocket, without any explanation for his action.

inspector Chu, accused said

made Firat necuSEXİ

another statement in answer, which was He was taken to taken down, Central Police Station.

Hearing is proceeding.

The

Brush

Eugene Istomin's second- public concert last night at the Empire Theatre came at the end of what must have been for him a very full week, with two concerts for schoolchildren, a broadcast, a party recital and a session

This second recital confirmed

of first impression

his the

hla Bino essential musicality,

complete lack technique, yet of tashines, le power of cm- and his phasising contrasta ablity to play with depth and necessary, sincerity and when with lightness and humour,

there was It was good that one full-scale work in the pro- gramme this time-Beethoven's nobody could Waldstein Somal

of all for a severer test bak musicianly qualities, apart from massive pianistic technique, than this Sonata. Much depends on the opening which rhust not bo and heavy and portentous, Istomin gave it Just the right The atmosphere of expectancy. whe short slow movement, which is In the nature of a

one typifies

method of construc- favourite

the lovely lyrical tune of tion: the last movement,

nz, which leads from the slow straight in movement-introduction, is the best moments in

of

en's

Now one

all

further, told him that if he did Is Mightier Than Beethoven and Istomin respond.

not condesa he would do his best to comiot him in Court As he was an inspector and he himself was only a constable, Inspector Chu's words were used to bring

me" on him. pressure" Yeung

denied asking Inspec- Lor Chu to

to give him a chance, Cross-examined by Mr

nocused agreed he was cautions

The Ship

Max Deuget Colony today. Like other visiting "brass hats" from the Southeast

Rear-Admiral arrived in the

Li,

in the Colony, make

a report.

But the subject differs:

by the Inspector, He did not

make any reply to this caution. He denied

R

| Inspection, and give

at

Pretty as all outdoors

to reference

ed to its beauty and to the terri-

technical demands of

Ac

et the movement; it was rest fine performanco.

CONTRASTS

the

quter and charming,

examples

WEDNESDAY,

XY 80, 1956.:

This morning the Hongkong Regiment mounted guard at Government House, lieving the guard provided by the 1st Batt, North Staffordshire Regi

Picture shows part of the change-over ment.

ceremony-Stäff Photographer.

Légal Argument In The Karel Weiss Case

float in the air.“ The second, the

Is

"General Lavine protrait

Eccentriqua

fmulted

SHEAFFERS

ADMIRAL SNORKEL PEN

Moller's Trust Action: Court

Dismisses

Appeal

An appeal relating to the Mollers Trust was dismissed with costs. by the Full Court comprising the Chief Justice, Mr Justice M. J. Hogan and the Acting Puisne Judge, Mr Justice J. Reynolds in a judgment de- livered this morning.

The appeal was against the decision of Mr Justice J. R. Gregg diamlising an application by the appellants Eric Blechynden Moller, Ralph Blechynden Moller and Lindsay Blechynden Moller.

snd

Rosalie

Appellants ware represented their contention their Counsel for the view that on taking an by Mr Oswald Cheung and Mr Mr d'Almada hoa referred to anecount in common er ordinary A. F. M. Berkuloy (who was number of cases, which in form a party cannot, rely on not prenent in Court this morn- dlcate that before withholding breaches of trust not already ing), structed by Mesars rollef by a stay of proceedings, would he then, when accounts alleged and proved at the trini. Johnson, Stokes and Marter. the court must be absolutely

First respondents were Chris satisfied that there are no pros are taken on the basis of wilful topher Blochten Moller, Er pects, whatever of the plantime default, be, precluded from schet Moller (alnéo_deceased) and excuring such

if the ing on ari active breach John McNell, Queen's Counsel, proceedings continue

already alleged and proved? For Appearing on their behalf were

DECISION QUOTED the purpose of this judgment it the Hon. Leo d'Almada, QC,

"It seems clear that, in decid-lo not necessary to decide that Lalle Wright, both

ing whether a stay should be question and In view of the Instructed by Mr J. C. Stewart, andere, send must be had to importance it may assume in of Stewart and Company. the decision in Honnet v. Laard, later stages et this case we will

Second respondents Nancy

go no further than to say that given by Lord Langdale whose Hamilton, Isabel Erica

judgment in Sivell v. Abraham in view of the distinction drawn Feeney and tire Hongkong and has miretdy By Ltd..

Hongkong

in seeking to determine the full

and active, breaches originally the question whether

is we are not satisfied that there a party the fourth, afth and sixth de being offered just as

much re

is no danger of the plaintiff's fendants

by in the action were not Bef as he could hope to obtain being ulteriorly affected in Court and were not

repr. If the suit proceeded, proper taking a short cut in the pro- sented by Counsel.

allowance must be made for stedings, which deprives them Their Lordships' judgment the fact that he can, prior to

of

they', so the opportunity, read in part:

which judgment, amend this pleadings, wish, ef alleging and proving an "In the netion from

appeal arises the plaintiffs If there is a possibility of such active breach of trust at ino claim:

amendment, then an offer of all trial and before the commence- the relief cinimed on the ment of taking the accounts. of That the trusts

pleadings as settlement dated September 2

they stand does "WE THINK NOT” 1946, and more fully described not necessarily give the right

"Furthermore, even it on of their statement In

to a sky of proceedings. claim

taking the accounts the plain- "Presumably there must bouffe should be entitled to raise should be carried into execution

reasonable grounds by the Court.

for and to secure from от прргом contemplating an amendment at

decisión ón priate authority

this

Bank,

A

That a judicial trustce should be appointed the trustee of the settlement in place of the plaints and of the int, 2nd and ård defendants.

3.That nil necessary se

counts and enquiries should be

ordered

such "4.That

directions

sirice

boen quoted, that on J. betwork wil

otherwise

if

the motion comes un virtually all the matters which

effect could scarcely be given to the second they can ventilate at a trial, is of the recognised exceptions it right that we should deprive mentioned by Lord Cairns, Butem of the opportunity of sock- trini Court of from the that requirement would appearing to be

in itself directions as to the inst substantially satisfied

the iner of, taking such accounts, in present case where the plaintifts have from the outset the light of the information that indicated their quest for further

touch become available from Information and their expecta- discovery, Interrogatories and Retion that on the receipt, of such evidence at the trial. Can we will lose necessary say the se-Information it

are to amend the pleadings or at nothing if those least give further particulars,

should be fiver as to the Court should seem fit.

"That if necessary a ceiver should be appointed.

6Text Curther or other Let should be granted.

**7. Costs.

h

A CONTENTION

·

the

mny

that the ions.

A Haydn Sonata opened the

Legal argument by Crown Counsel, Mr Dermot concert, Asta area he plans to make a short stay and played with a simplicity Rea opposing an application by Karel Weiss for orders had noticed of certiorari and mandamus regarding his income tax and delicacy we 10's of before. After tho

Beethoven continued this morning before the Full Court the came four amusing

"Anniversaries,'

Chief Justice, Mr Justice M. J. Hogan, and Puisne sketches called

ser, Judge, Mr Justice J. R. Gregg- The report comes on Friday**** that, m answer to

the American, composer, 5.30 p.m. when The Rear- the caution, he repeated his re-

There is Bernstein, Leonard

Weiss is seeking on order of toned by mandamus proceedings. Admiral will give a lecture in

about quest to Inspector Chu to give

bothing impressionistic

obtained at some stage after the argument was that the Allance etni him

chance.

the

of premises

they crisp and certiorari to quash two assess-If the these, rather are Francale, Asked if he made any com-

taking of the accounts has begun 46 French Bank

very ments for the year 1980-1851 question of whether the loss was rhythmic,

though

COURTS' CAUTION NE

rather than at their

Inception? carried forward or not plaint

Inspector McNeill Building. Ho will speak on "modern" In idiom. In con- and 1951-1952 each for $30,000 to be Lo

at "The caution with which we think pot, Directions given collateral was a preliminary or a modern siling" tract, the two Debussy Preludes as being his business profits in

"The appellants contend that about Inspector Chu's alleged "Trends in

of respect of laxation made by R. matter which went to jurisdicin reaching his

courts have approached requests the inception may be more beno- behaviour towards him, first ac- with particular

decision were extreme

to cut short proceedings where Mekongned Judge acted under & cuased sold he did not, He was Chinese painting.

musical impressionishs, especial. J. Hardy of the Inland Revenue ton, then he submitted that the

Department and confirmed by Assessor had power to

to determine misconception The gist

complicated Issues arise is, we dial not only to the plaintiffe but to the beneficiaries as a afraid that if he did so, he Art lovers ere cordially in-

ly the first, "Sounds and

Scente

Commissioner;

witether by way of would only

be subjected to 'vited.

Heatley v. Newton. Lander of certioward to on other that also, and having done zo, their submission was stated by think, Illustrated by the case of whet C

ahis determination could not be their counsel Mr Bericeley when

saving costs or otherwise. "But implicit in that certificate given

Comuned in the present pro~

principal by

"Consequently it seems to us a characteristic and

caid the detendents sub- of Inland Revenue to

that

the turn mmissioner Istomin could

claimed question is another subsidiary Mr Hea said.

question as to whether mut to all the relief that Weiss had de- He added that he did not there is

why set Important query, is this road these matters completely from

are better settled. they the grandeurthe effect

TO TODSON in Payment of tax admit that the point was a pre-should admit that they have really a short-cut? Is it the moet on taking the account than in of Beethoven to the airiness of

collateral matter. done anything

the with amounting to $4,801.28 in reliminary or

suit cannot, satisfactory way of resolving

at this stage, little works,

WIDTH, these Inst

it was

in the disputes : which have given be answered in the affirmative. spect of the year of assessment but contended that complete effectiveness.

there any need for any decision

of may it For these reasons wo think group ended the 1951-1982; and for an order of clear feet in issue. A Chopin

that there has been an act of rise to this action,

our having to retrace that the application should not wilful default. This court is a lead to programme, the delicate Waltz mandamus directing the Com-

RIGHT QUESTION

count..to give rellet not to later and possibly at greater cost to granted and the appeal is with in A flat, and the big Polonaise, miestoner

and/or Mr Hardy to reassess hia alec in A dat.

He cited authorities for his decide questions, of ethics, and ground which we must travel accordingly dismissed business profits for these

it the defendants are pred"In support of their argument

over at some time? Assess years and in particular to allow argument that if the and the carry forward of a loca

directed his mind to the right to submit to all the malfer

acting is claimed, that is all the plain that the lengthier route is and $136,129.17 accepted by

the question, then he was

plaintiffs gave Inomin some dine opper-Commissioner in the year 1911 further acts could not be ques

within

his tiffe are called to and it be satisfactory the Jurisdiction and

then to go out that on cranting the prayer Reservoirs Gain comes uninterssary tunities for brliance, and

Weibs is represented by Mr. romantic expressiveness.

Brook Bernacchi, instructed by

tioned.

que in prosent use the date to maints of the case of all to the appointment of

"Ho maintained that even if trustee. it

be open to the This was the official end of Mr P D. Rernedios, and Mr Rea right

Was question

the bearned Judge's decision court to give to that trustee 20 Mill Gallons

directions under Section 03 Sub- the programante, but a vociferous is appearing for the Inland there were any chargeable pro

it was was right in. substance, anet affectionate

Once the audience de- Revenue Department, assisted

Assessor had

section 4 of the Truster Ordin- wrang reason,SEK

In the 24-hour period, end- manded more, and Istomin play-by Mr E. F. Gec.

decided that, he was dircoting given for the

29 in ministration the Colony's a principle of ance Cop. 29 in.

to the Ing at 8 o'clock this morning. that the ed three short pleces, one by

his mind to the right question. since. It was

or the 'ated con-

reservoirs gained but that if the count 20 million gallons. tureof, but Argentinian composer

In doing so he would als sider things

..like gres profits, dants can apply to the court for

now takes the shorter route to Napolitano: "The Miller's Danico Mr Rea aid that Welss had

Total storage this morning by Manuel de Fella, and a tiny not

all the prepared to submit to

the

court will bot trific

"Microcosm" cnted

by stoner of Inland Revenue or

Dosumption yesterday was 31 Bela Bartok,

the Arsessor was acting with

For Court was that Weiss said that jurisdiction and therefore

like that

could properly from streams and catchwalers Onco again, we salute Istomin; out

"Put briefly the 1069 was accepted and the

Do bis we have been very fortunate their acts could not be ·ques-

Commissioner said it was not. question before us seems to be bo raven to the judicial trustee 51 million gallong, ad

they oppointment: and it on that he has stayed so long with ioned....

Rainfall registered by the us and given so much of him.

The Commissioner's assessment comparatively, simple Ever preliminary

this stage because they have not 13 inches, at Aberdeen 1.3 self in Hongkong. It has been be determined by facts could on the mets before him were would certainly be less dimoult say, can they help the court at Water: Authority of Tytans was

If it related, at the ill

gayet received from the defendants inches, at Pokfulam 0.91 of an highly appreciated.-X.X. missioner and could not be ques-

majority of the reported cases the information about the trust Inch and 0.24 of an inch at Mr Rea said that, the Com-redate, to claim for immediate which they hop

hepato

to obtain limited and

reller, such as

by Shing Mun, In the New Terri- and interroga-teries.

Paqueretta's spectator shirtwaist bares its shoulders, swings out in a billow of unpressed box pleats.. Wonderful way to impress on audience. Fuller Fabric's Ribtone, crease-resistant, colton faille border print, washes in a wink, retains its crispness, Brown, red, blue or gold on white. Sizes 12 to 18..

exclusively at

$9500

Paquerette Ltd.

16A Des Voeux Road.

Tel, 21-157.

Printed and published by Rosne GEORGE" KUTCHEON for and on- behalf of Soutai Caina. Merning, Port Limited, nt: 1-3. Windhama Brest, City of Victoria in the Colony of Hongkong.

BRILLIANCE

This is the most rolld dignified of the Polonalses

on

for

of Inland Revenue

two

NOT PROVED

+

Ate

to be cared forward atc.

ม

British justice that defen- trust

costs.

more

point

Judicial

proved that the Commis./lawful deducitors anth any losses a stay at any time if they are that point, proposed by the downs 1,389 million gallons.Com

The only evidence before the relief claimed, and to pay all fender whether any, and at million gallons and the 'yföld:

SIDE GLANCES By Galbraith

426

filin's it about time for the office to

haven't heard any news about you alrea¦Jánt year's?!!

Was

'mlesioner's Assessment Anal unless challenged under

the costs down to date.

know

the

wirat

dintetions

tho

of:

'Dor,

the provision of the Ordinancement of money or some other

ways the fur-

deinite and finite action, the ther

-eviden

wilk be giver at the

points

may

which

If Weiss did not do that he limits of which were clear and emerge from": could not make tha present precise and the results of which could be plainly envisaged, and

in issue FREE ANDE at the time the finally staled

A zhort-cut and in sup-i a further criticism of

of the judgment was pronounced,

"A SHORT CUT?

port of their contention that "In such circumstances the judgment at this. Juseture

the terms offered by the defen-

application.

Such ordent could only be questioned they were bad on their face. There was no sug gestion that the Assessor was not properly..appointed under the Ordinance or that he had no powers to newest. The Court should not go into the factor in such an application, Mr Roa sald.

Hearing a proceeding.

Two Hurt In Traffic Mishaps

question whelker, a plaintify;

19 with, w stay of :

£1

Mrs Stratton

Opens Hospital

Mrs Stratton, wife of the Commander 61: British Forces, getting all that he is entitled

Hangking Lt de W. H to can receive a more ready

other than those Stratton, opened a new Gurkha answer than where we are ask: neccssary for working out the families, hospital at Whitgeld

this morn---

ed, not merely to give a judgment, will not give

them to pay

caters for 127

the relief or relief acnt which will

as good they might obtain if and directly. Immediately a

the 05:

Hospitar of the parties rights

- and 114 chliden, of to the matter proceeded to trial, the

respondents have developed two of the 1st Battalion, 19th rather to pro- but proceedings

Gurkha Rifles, 2nd Battalion. nounce a decision which will main arguments," as Mr. Berkeley has. pointed out

The argumenter and replies by 7th. Gurkha

tho Ruffes; and Couned for the appellants were Gurkha Signal

Regiment

who' a starting set out in the judgment live nt Whitfeld Barracked The which wil

bo little' qula

point-a

that will lead

A young girl sustained hond act in molion: a train of events Conlimilig, the judgmanti: iwhen she was Jenocked down by after a number đới đán

Injuries at 0,00 pan. yesterday

a private car in Lockhart Road Woncimi Tho girli #Mok Chúng nino years of age, is now detained in hospital for treat ment.qning and Lys

eventualiser read:

COURT'S QUESTION spital, which has eight beds

is nieo equipped with ment midwifery appliances: *Inbotar, en wileux timmauit in Important steps have

to the frial determine.... concerned jabere clous that, taken, to

VALY

Lion of the postles rights and once an account on this breeds to Pickpockets In K'loon interests. In effect, we are being ordered, oparty can bring UD asked not so mudi for sayt lahed before the order was the person were reported to

instancos'not-proved and astab Three cases of larceny trond Auran jumped off moving

proceedings as to take actually made, but he of right to Foilce in Kowloopyshar 10-milestone at Trun, Wan, rapidly

Is Casily Peak Road, near cut which will bring um deprive him of the opportunity At 930 cm.) a pickpocket mid

in the pro to a point In order to rollove his hat which ceedings which could otherwise at the trias rather thin on taking at bus stop in Argyle Strood to prove on instance of this Rind cash, from a worhata walking led bidwo off; The man, Pang be reached only after the

brouble

Lire accounts, for instance, he while anshi dewasalolen, from? Stum, agod. 30, of Hut. No. §, 3rd | and travail of a

wants to estabaits such a matter woman byn bue betweer valin Section North, Liters Hop In

ting purpose of Sha Teu hoa Twipo Rowak,

roctión simmshúing at aboui, à pmi?

iamcargo difcult, to woo whether oat be, sesult, if the call and was fulement now propated in row rizmoved to hospital, tedna dom in fast give to the paintiff

Vi

faction, zum forward to trial.

Fotini Dolf's "On the Record?. The stintim ) contend, that lög ve win appear fomveron does not, and in wuODORE/DAILY.COM