1957-09-20 — Page 10

THE BEESTON BOILER CO., LTD. HEATING EQUIPMENT, BOILERS, RADIATORS, ETC.

ENGENEERING EQUIPMENT CO., LTD. H.K. & Shanghai Bank Bldg. Tel. 37789

CHINA MAIL

FRIDAY, SEPTEMBER 20, 1957.

SHEAFFER'S

ADMIRAL SNORKEL PEN

PLEA FOR PRIVY COUNCIL HEARING Sisters

Winston Edwards'

Edwards' New Move Before Full Court CROWN OPPOSES TERMS

Former Inland Revenue Assessor, Mr Winston S. Edwards sought permission from the Full Court this morning to bring his caso against K. M. Almao of the Department before the Privy Council in England.

Mr Edwards wants to appeal to Privy Council against a judgment of the Hongkong Full Court of Appeal upholding a judgment of Mr Justice A. D. Scholes that documents connected with Mr Edwards' claim for damages against Almao were privileged.

Before the Full Court this the Judge of the lower Court, moting Mr Edwards stated and he was not yet aware of the that he intended not only to reusums for that, Mr Edwards bring this Full Court judgment | salu.

350

before the I-rivy Courell, bul He said that he lutemled his ather judgments, orders peillion to cover other things and decisions made by various besides this judgment. They in- Judges in several procedings cluded

a Judge's decision of krising cul of his claimi for June 21 to strike out one of his damages.

grounds of appeal and

two paragraphy from his affidavit; another

коли

ortler of June 20 rejecting his application for fresh evidence in the nature of correspondence twith Govern-

Not Opposing

The Full Court comprised the Chief Justice, Mr Justice M. J. Heran. mated Senior Pusne Judge, Mr Justice T. J. Gould, who heard the original appeal

In his petillon, Mr Edwards said he felt aggrieved by the Full Court Judgment of August 13, and that in his opinion it involved malter

D

of Breat public importance.

Contending-that-his-case feil. within the rules for this sort of appeal, Mr Edwards said that there could be no doubt that the judgment dismissed his action or that the amount involved more than $5.000 he claimed for $74,000 damages.

Crown Counsel, Mr J. c. McRobert cald he was not for ppposing the application leave to appeal, but merely its terms.

was

10

that effect and should have re- voked the order pet down and reversed its own decision of the appeal against that order.

Security

Mr Edwards also objected to the amount of security payable by to secure costa of the action.

He said that the rules mentioned a maximum of $5,- 000, but there was why this sum should be lin- fused. In fact the rule leaned towards an appellant and wus

no recon

Sue

Who Owns This Monkey? Impromptu Colony

Now there's a monkay scompering around Island Road, Doop Water Boy. Yesterday one got loose in Leighton Hill and spont a night on the tiles.

Last night, another mon- koy spent a night on the tiles of Mr S. W. Clark's home.

This ono stands, three to four foot high, kas no chain and according to Mr Clark's servants he

has been around for the

last two days.

Mr Clark sent the follow- ing lottor to the China Mail today: "Would the Owners of

Pedro the Monkey try tracking him down at my residence? (44 Island Road).

"Ho is vogotarian ap-

parently and I wish someono would coax him away before ha chows all my popoyas.

"He has another dis- concorting habit. Ho sleeps on the roof and will not taka off his shoes whon ho`rotuṛnL at night, which, by the way, could be the best time to take him back into custody -- after ho is wined and dined. "He turns in obout mid- night and wo aro rather an early houto- hold. Ho was just off for a swim when I loft for the office this morning."

CROSS-EXAMINATION IN ABORTION CASE

Husband Denies Living

On Wife's Earnings

men onicluls. These seriously for his protection. It mention- The husband of the woman, Keung Chi-ching, who was alleged to have

hampered contended.

his appeal,

Discretion

heed a maximum figure, but no

minimum. Another rule provid-| ed for appeal as a pauper- "one who is not worth £25 in all the world." The equivalent of £25 was about $400 and there was a great disparity be tween this sum and the maxi- mum of $5,000.

a

Mr Edwards submitted that if he were not entitled to bring up any of these matters as of right, the Court should exercise Itz discretion in his |

Layour in his under the rules for it was "of great general or publie Im- portance that a party should not be lightly deprived of lis grounds of appeal, Involving as it does the integrity of a mem ber of the judiciary."

Jury Acquits

-Man-

An Impromptu jury com- prising six members of the Press and a spectator was empanelled at the Criminal Sessions this morning to acquit a man on a chargo on which the Crown had offer- cd no evidence.

The man, Lee Shing, had earlier pleadert not guilty to a charge of throwing corrosive fuld on Police officer and

Paper

two

Two American sistors this

morning brought soparato claims against the

Hongkong Tiger Standard for $5,000 each with costs as damogos az a result of articles pub. plished in the Standard in July.

The claims were heard before Judge James Wicks in the Victoria District Court and the ease was adjourned for one week.

The plaintiffs In the two cases were Misa Sydney Burr and Miss Bonnlo Burr (an infant auing by her next friend, Ruby

.both Lolly Burr),

of 40, Carnavon Road, sixth floor.

The defentiants were tho Hongkong Tiger Standard, pro-

and

publishers, Woo

D. E. Greenfield, Crown Coun- sel, told the Court that the Crown would offer no evidence against Leo on this charge.

The Jury was then empan-pricker elled before the Trial Judge, Kyatang, editor, and the Sing Mr Jusuce A. D. Scholes, and The Jih Pao, Lid, printers, of

at the Judge's direction returned 179, Wenchal Rond,

a unanimous verdict of "not guilty."

and

The Claim

In the statements of claim, the plaintiffs said they were recep ilonists at the China Night Club, 342, King's Road, to

They claimed that on the front page

of the Standard, dated July 12, the defendants falsely and maliciously had

Lee was then acquitted discharged on the count, in gol custody

Lee, however, was remanded on two other charges of housebreaking which he had pleaded guilty. Jointly charged with Lee on one of the two charges was Law

and a second count of receiving stolen property. He was also remanded.

performed a number of abortions in the case in which two Police con. stables are charged with corruption, denied this morning under cross- examination by Defence Counsel that he lived on the earnings of his Chi-lau, who denied the charge printed and published or caused wife.

The husband, Ho King-ngam, who said he was a "broker of many things,"

refused to tell Defence Counsel, Mr V: L. T. D'Alton, his average monthly income for the period between last summer and May this year.

23, and Ka Pun-kit, 27, are The accused. Hul Chi-shuen,

alleged to have solicited and received money from Keung Chi-ching, as

for a reward

The Court should take this matter into consideration for il was a very relevant matter, in This pauper rule was an indica- his opinion, Mr Edwards said.

tion that the security should be axed at a low figure, he added. Mr Edwards read to the Court an affidavit he made on Septem-forbearing to carry out their ber 17 regarding his finances.

duties in respect of abortions IIe stated there that he was not performed by Keung. a person of substance and that he had been placed in a post-

termination wrong and unwarranted

He supported his argument by reading from low book which he rmarked SAR "not very well written,"

He contended that the Judge's fien of financial difficulty by at

decision was quite

by

Chief Inspector W. Appe In prosecuting, assisted by Det.

HK Club Petition als Confirmed By Court

Sub-Inspector D. G. Metro Mr Justice C. W. Reece at the Supreme Court this

should have leave appeal to the Privy Council as a right, Mr Edwards submitted,

He sold there might be a con-

the Anil-Corruption Branch, troversy as to what matters he that the order refusing further Government of his services as an Mr V. 5. J. D'Allan, in- should appen! Agolast and evidence should be revoked on | Assessor of the Inland Revenue structed by P. L, Lam and whether the Court had power to jarcount of obscurity as to the Department for reasons not in Co.. is defending the accused. deal with such matters.

praini of law involved. Apart volving his honesty or integrity. Replying to Mr D'Alton, Ho The Full Court judgment ege from all the "Irregularities at The terminallon of his services King-ngani said ho cluded cerlain ("distasteful" tached to the Colonial Secret- was the result of an unwarrant- broker of many things and that natters relating to his allega-ary's affidavit," the judgment ined, irregular and subversive re- he came to Hongkong ve or Hons of improper conduct by | the appeal should have been to port made by the defendant, zix years ago. His wife was a

Almao, upon which his action teacher.

An after-five

Silhouette

Chic

Dramatic

Sophisticated

--the key-note of our small collection of original creations for the women of discerning taste,

Paquerette

was ♫

was grounded, the adavit Did Not Remember

stated.

Hardship

Witness said he had rend about the abortions in the newe-

Mr Edwards also said that a papers in the present case, Ask- high security would be grave ed knew that his wife was hardship on him and would getting paid for the abortions, prevent him from prosecuting witness sald he was occupied his views to the Privy Council with his own affales but answer-, This security should bo ed in the affirmative when he nominal amount and payment was asked to of the costs against him should "no" answer. be suspended pending the hear- ing by the Privy Counel. The costs of the present application should be levied on costs in the

cause.

give a "yes" or

WDS

morning confirmed the alterations to the objects of the Hongkong Club, which aim to permit the Club, among other things, to take part in promoting competitions and providing facilities for concerts and exhibitions.

Father

Despairs Of

His Son

He said he knew about it on that night when his wife being blackmailed" and that she told him about abortion.

Winess said he did not Mr Edwards told the Court member whether he had told that soon after he filed notice of his wife that it was a criminal A father wept bitterly his intention to appeal to Privy offence to perform an abortion and told Mr Simon F. S. L Counell, he was sent a bill for because he was busy.

certained.

re-

ut

the Central Juvenile Court this morning that he did not want his only son

any more.

$13,731, the taxed costs for the Mr D'Alton: I put it to you previous proceedings, His own that you did not warn your costs in respect of two un- wife of her criminal activities? successful applications by the Witness; I don't remember. defendant had not yet bech, as- A while ago you refused to The son, aged 13, had earlier He said there was a rule which income because it was your own had stolen from another family answer my question about your admitted before Mr. Li that he gave the Court discretion re-affair. I now ask you again of his house garding stay of execution and the what was your average income which he sold for

a. cooking pot rule indicated a lenukig towards between inst summer and May

30 cents to the petitioner. As he might not this year? I do not wish to buy candy on Wednesday. have to pay those costs depend disclose it.

The father, a

coolly, when ing on the decision

asked by

Mr L4, said his son Council, he could not understand living on the earnings of your was in the habit of stealing. why the bill was sent to him at wife during that period? 1

of Privy

that stage.

Mr Edwards said that he pro- posed to ask for

The petition for the confirma- tion was put forward on behalt of the Club by Mr D. A. L. Wright, instructed by Mr P. A L Vinc, of Messrs Deacons

Mr Wright told the Judge that the petition first came before him on September 7. His Lord- ship then made an order for advertisements to be placed in newspapers giving notice of the hearing of the petition today.

That order had been complied with, and an adavit in this regard was filed by Mr Vine, Counsel said,

Special Resolution

Hearing on these two counts will be axed later.

Two Dead In Traffic Accidents

Ling

A labourer, Poon

ching, agod 45, sustained fatal injuries when he fell from

a moving lorry in Waterloo Road, near York Road, yesterday, The man died shortly after

to

being admitted Kowloon Hospital.

The Chinese woman who was knocked down by n lorry in Taipo Road, Street, last Monday, succumbed near Fuk Wah

Hospital yesterday. to her injuries in Kowloon

The deceased, aged between 20 and 30, has not been Identi- fed.

to be printed and published on article concerning them.

On the front page of the Star- dard on the following day, the defendants had falsely and maliciously printed another article concerning them.

They claimed

words in the

ond

that by the photograph appearing paper, the defendants meant and were understood to mean that the plaintiffs were "unchaste and were leading an Immoral ile."

In

of

They said they had in con- quence been seriously injured their character, credit end reputation and in the way their occupation and employ- meat and had been brought Into public scandal, odium and cu tempt.

The plaintiffs were represent- ed by Mr David Ezeto of Musers Brutions and Co., and the de- fendants by Mr I. R. A. Muc- Callum of Willinson and Grizt.

Aqua Privies

The Department of Resettle- A private car knocked down

ment invites and seriously

tenders for the year-old Sum

injured eight- building of "Aqun Privics" in Wai-mum in Resettlement Areas (a kind of Nairn Road yesterday. The

water closet).

Kowloon Hispitul, lad is receiving treatment in

A girl of eight, Kwon So-kom, sustained serious injuries when she was struck by a private car yesterday in Clearwater Boy Road. She is being treated in Kowloon Hospital.

25 Years Ago ap- pears on Page 8 today.

The petition states that by a special resolution jussed at an extraordinary. general meeting held on August 6, this year, Club members resolved that the memoranda of association dated December 30, 1885, Get- ting out the objects for which the Club was established, be altered by the additiori ot To make the most of you: several items.

These include the renting and our lovely PETAL SHELLS developing of property, and bra shapes you in cloud- any landlight foam shells. To show paring it

it for building purposes,

petal shells... the newest low back!

to account

I put it to you that you were was very, very disobedient and acquired by the Club and pre- the most of you: tho-new

deny it.

Woman's Evidence stay of

execution, The emphasis of the rule was very much in favour

He added that he had received many complaints from other familles of the house that his had stolen articles from A dance hostess, Lee Kar-their rooms,

WOR

Even though scolded and

of the petilloner, for it said that wah, then gave, evidence. She wont him...each time, he stole

if a stay was not grunted then

the respondent has to furnish a security.

The case is continuing,

Purse Snatched

An midentified Chinese enakhed

purse containing

reported

Bald one day in Moy, another

Another item is the promo- low criss-cross elastic tiou, nlor.c or Jointly with other associations or persons, of back! In white satin and meetings, competitions or sports, nylon face AB 32-36. and the giving of prizes, medals and awards.

HOLLY WOOD

The provision of facilities in

dance hosters, Kung Mel, came from other families again and support of balls, social functions,

to her house to look for the again," said the father. second defendant who

Was "This me. said the father,

lectures, concerts and entertain- ments of all kinds is also envia-

iving in her house but who was "I can stand it no longer. Taged, as well as the subscription nct in at the time.

took my ton to the Police to charitable bodies, Later when he came home Station and I do.not want him she Informed him that Kung back:" Mel wanted to tell him about 'Asked by Mr L where the another woman

with

did not return home very often. Mr Lhen remanded the boy for seven days in Police custody for inquiries by the so- cial Welfare Offee.

Tickets

who was not a boy's mother was, le sald his Fashion Show muncy from a woman pedestrian hostess but who was pregnant. wife worked in factory and in Nathan Road, near Pitt Street the matter

Later second accused discussed the first last night.

A woman

to the accused and a few days later 'Police that a man snatched her

arrangements were made for gold necklace in Castle Peaks Chan, to meet a

the pregnant woman, named "third aunt" Rood, Shamshulpo, at about

whom witness Identitied In 8.40 pm. yesterday.

Court as Keung Chil-ching.

The morning after the pp.

witness went to a. hotel In Wanchal with the wontan Chan and Koung.

Consular pointinent had been made,

Theft From Lorry

the

Tickets for the Fashion Show Lin aid of the Society for

Protection of Children will be on sale at Moutries from: Octo ber 1, price $10 each,

Local designers and fashion H.E. the Governor, according

A:^man has been arrested houses are busy making gowns: to this morning's Gazette, has

following the theft of tools frorn from British textiles. Creations in lorry in Third Street, "near wil also be contributed by been pleased to recognise, pro- She said the saw Chan har Centre Street, nt about 0.38 p.m. Worth, visionally and pending instruc- some money to Keung who im-yesterday

Hartnell, Stiebel, tion from the Secretary of mediately left the hotel but The Folico. have arrested a

Cavanagh and Shorard. **A well-known"--textile fria Stato for the Colonies, Mr returned later with a bag. Bhe suspect Zor attempting to steal here

spocially weaving

· Printed 'and.

PETER PLUMBLY for and onLoren E. Lawrence as Vice- said that then bn' operation was various articles from a private material from the famous Lairex behalf of South China Morning Fort Limited at 1-3 Wyndhara | Consul for the United States of performed on Chan, Street, City of Victòria in the Colony of Hongkong.

car parked in Connaught Road | yarn made in the United King- America at Hongkong.

Hearing continues,

Wost yesterday.

don,

Vette

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