1958-01-10 — Page 10

DRYSDALE & CO., LTD. CENTRIFUGAL PUMPS.

CHINA MAIL

Former HK GAMING

Regiment Commander Honoured

Lieut-Col Stewart L. A.

Carter, MC, former Com!.

manding Officer of the

Hongkong Regiment, was

Established 1945

FRIDAY, JANUARY 10, 1958.

CONVICTION DISMISSED

Magistrate

Sight Of

Lost

Actual Charge

awarded the OBE by HM Mr Justice C. W. Reece in the Appeals

the Queen for service in Oman.

The award was published in the New Year Honours Last in the London Times on January 1.

parant

Col Carter, whose unit in the Sherwood Foresters. was in command of the Trucial Oman Scouts, one of the units directly engaged in the fighting In Oman last August.

Court this morning quashed the con- viction against 12 people on three charges of keeping a common gaming house, playing in a common gaming house and using promises for the purpose of fighting crickets.

The appeal was brought by

Mr Justice Recco said the

the 12 people against the de-charge on the information was clsion of Miss B. K. Searle that the appellants had "used" who found that they had the premises for the purpose played in comman gaming of cricket fighting. house in Ko Shing Street on

A popular officer among the inembers of the Royal Hongkong Defence Force, Col Carler came to the Colony and look com- | August 31, last year. inand cl the Hongkong Regiment in October 1952.

He remaloud

command in until 1955 when he returned to the United Kingdom to take up another appointment.

Finally.

he was given the command of the Trucial Oman Scouts late In 1958.

Col Carter corned his Military Cross in the recond world war,

HKAAF

The appointment of Wing Commander J. E. L. Larsen,

The appellants were repre- rented by Mr Lawrence Leong, instaucted by Mr W. H. Young. Mr J. McRobert, Crown Coun sel, appeared for the Crown,

Ruling

Quashing the conviction on the rst two charges. Mr Justice Beere ruled that the conclusion reached by the Magistrate in her reasons for holding that the premises were a common gaming house was not and could not be stpported by the evidence and she was therefore not right in so holding. 1 followed that the

"It is clear that the learned Magistrate, when she stated: her reasons for convicting the ap pellants on the third charge of the information, lost sight of the actual offence charged, and 1 seems to me to be quite be side the point whether or not the appellants were assieting" at the fighting of two crickels.

"Even the learned Magis trate was right, in holding that the appellants were asslating in the fighting of two crickets that would not justify a conviction for using the premises for such

purpose.

Distinct

Mr Harry Odell with Ginette Doyen and Jean Fournier, the famous French artists, at Kai Tak this morning. China Mail.

Certificate May

Be Treated

As Invalid

AFC. us Commanding Officer of Megistrate could not be right in section under which the charge Mr Justice C. W. Reece at the Appeals

year as ship added." of one

LWO

"Under the paragraph of the

'assisting at the the Hongkong Auxiliary Air holding that all the appellants is brought,

of ens or halting Force, has been extended for a were gaming therein. His Lord-Aighting

animal' and 'using any promises further period from January 1, according to-

purpose' are there was no common gam-or place for that

distinct ing house there could not be any offences,"

and tiny's Government Gazzette.

separate

Mc Justice Refer keeper, he suit. The

announcement sume

H. The Magistrate had held that suid. states that Plot Offeers E.

the Botelha

appellants Rawlings and

F. M. appointed Flyluk "isting" at the fighting of have been Officers

The of

Hongkong the trickets and thereby com- Auxiliary Air Force. The ap- mitted an ottence under the

of offees Prevention

Crucity pointments were to take

Animals Ordinance.. an December 14.

were

"For the reasons which have given, I am of the opinion that on the case as it is stated the appeal ought to be allowed

1

to

and that the appellants ought not to have been convicted.fi

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ORDER OF

ST JOHN

Today's Government Gazette states that Her Majesty the Queen has been graciously pleased to

SHEAFFER'S

ADMIRAL SNORKEL PEN

NOVEMBER SURPLUS

The Anancial statement for the month of Novem- ber last year as contained in today's Government Gazette, showed a suplus of $8,975,605.00.

The Genera! Revenue Balance as at November 30, 1937, was $350,838,- $30,45.

Revenue for that month was $10,289,331.05 and ex- penditure $41,313,686,05,

Two

Injured In Accidents

Women

Two Chinese women

were Injured in separate traf- Ale neeldents yesterday.

A private car immocked down Mak Kun-mul in Garden Road, near St John's Cathedral,

at about 4.40 pm. Tho WOITLAN, who lives at No 3. Wavell House, was admitted to Queen Mary Hospital.

Cheng Mu-king, aged 10, was struck and seriously injured by a military vehiclo in Castlo Peak Rood, near Kem Trun Street, shortly after 7 piri.

Cheng, who lives at House No 12 Fifth District, Wai Nam Village, is being treated in Kowloon Hospital.

NEW

SAS

sanction the following PRESIDENT

appointments to the Most Venerable Order of the St John of Hospital of Jerusalem:

Government Appointments

Gazetted

The following appointments, promotions and transfera in the various : Govern- ment, Departments were announced In today's Government Gazette:

Polico

MH. W. E. Heath, Assistant Commissioner of Police, to be Acilng Deputy' Commissioner of Police as from January 2,

Mr W. Segrue, Senfor Super- Intendent of Police, to be Acting Assistant Commissioner of Police.

Mesars J. B. Lees, J. Moore, A. A. Shaw, R. H. Woodhead, T. Cashman and A. L. Gordon; Superintendents of Pollee, to bo Senior Superintendents of Police with effect from November 1 lust,

Mr A. Morrison, Superintend- ent of Police, to be Aeling Senior Superintendent of Police.

Mr M. O'Sullivan ceased to act as Assistant Superintendent of Police and to resume the rank of Sub-Inspector on proceeding on leave on December 2.

Mr Fong Yick-fal, Assistant | Superintendent of Police, to be a Superintendent with effect from December 1,

Courte

The Hon. Mr Justice T. J. Gould, Senior Pulzne Judge, to act as Chief Justice as from January 5, during the absencu of the Hon. Chief Justice M. J. Hogan.

Mr

R. H. Milis-Owen, Magistrate, 10 bo District Judge as from January 2.

Modical Department. Dr A. H. R. Coombes ceased to act as Assistant Director of Health Services and resumed the office of Senior Health Oficer, on January upon the resumption of duty" by Dr Teng Pin-hui.

on

Court this morning ruled that a

Mr Ake Ruck, former. Pre Magistrate may treat as invalid a

Civil Aviation sident of the Swedish State Mr William Victor Clarke ta certificate of dismissal issued by

Power Board, has formally bo Air Trumc Control Oficer, Mr Ronald Alfred Edwards taken office 33 President of Class II, on transfer from East another Magistrate where there had

and. Mr Lam Wing-kam pro- Scandinavian Airlines System. Africa High Commission. The

appointment took effect been no hearing of the case before moted to the Grade of Officer

We assumed the post on January December 21, 1057, the day (Brother) from Serving Brother. him.

Mr John Robert

succeeding Mr. Jones, MC.1,

Henning ofter Mr Clarke's

arrival in admitted in the Grade of Throne-Holst, who had headed Hongkong.

the three-nation Consortium The Judge allowed' an appeal bound to grant the certificate; Officer (Brother). by way of a case stated brought but the issue was not in liseff | Dr Lam Shlu-chun, Dr Lam rince January 3, 1953.

announced Mr Throne-Holst by the Crown against the de a bar to any subsequent com- Yu-shing, Mr Ngan Kwong- cision of a Magistrate who re-plaint.

yam, Mr Shek Ho-ham, Mr Son April, 1957, that he planned fused to hear two charges pro- On the second point for de- Chung-shun, Mr Wet Yiu-wab, to retire from his airline post fered against a defendant. cision, His Lordship held that a Mr Wong Tak-ho,. Dr Wong because of other business in

Mr W. A. Blair-Kerr, Senior | Magistrate may treat as In-Wa-kwari and Dr Woo Fak-footerests which demanded his full Crown Counsel, represented the valid and of ho effer a certl-admitted in the Grade of Serv-attention. Crown, Mr Patrick Yu, in- ficate Issued where there had Ing Brother,

structed by Mr Peter Mo, of Messrs Peter Ms and Co., repre- sented the respondent, Au Chi,

Decision

In his written decision, Mr Justlee Reece said that on Octo-

on

ber 18, last year, two charges D unlawfully attempting to per- vert the due course of law and justice were preferred, against Au.

The respondent was at first charged before Mr T. Creedon Gunmons containing the two counts. Mr Creedon dis- missed the summons without any enquiry into the facts.

Оп

application un

being made, Mr Creedon issued a cér bfcote of dismissal in accor dance with Section 19(4) of the Magistrates Ordinance.

been no hearing, not necessarily where there had been no In- vestigation of the merits.

Remitted

the reasons which I "For have given," Mr Justice Reece sold in conclusion, "it Is my

CONSUL

Dr Klauster Floth was e- corded formal recognition as Vice-Consul for the Federal

opinion that the matter ought Republic of Germany at Hong to be remitted to the Magistrate

Oficer Ad-

(Mr Sneath) and I accordingly kong by HE the

the Government, do remit the same, with the ministrating

under

Mr Rusk was named to succeed him by the SAS Board of Directors in Apell, 1957.

DEFENCE FORCE

Major J. E. Nicol, a Reserve

Direction that notwithstanding Secretory Instructions from the Officer of the Royal Hongkong

the Defence Force, has been per- mitted to resign his commis- sion, according to today's Gov- ernment Gazette.

of State for the certificate of dismissal given by My Creedon, he (Mr Colonies.

The recognition was en- Sneath) should in the cir- cumstances of this case, hearounced in today's Government

Gazetle. and determine the two charges aforesaid."

The Government Gazette 10- day announced the appoint-

Urban Council

ment af Mr David George Today's Government Gazette The Crown subsequently Wills. Barrister-at-Law, to announced that Mr J. W. Fer-

It was also announced that Major H. A. de Barros Botelho of the Hongkong Regiment, was posted to the Reserves,

Mr

Agriculturo

M. Riddell-Swan, Veterinary Ofleer, ceased to act a Senior Veterinary Officer on resumption of duty of Mr D, M. Corbett on January 6,

Labour Office

Mr Wong Tal-wo, Assistant Labour Officer, ceased to act en ́ Labour Officer on resumption of duty by Mr Ip Che January 1.

Urban Council (Election) Mr.S.. A. Webb-Johnson to be a Returning Ofleer, Mr M. Morley John and Mr R. A. Bates to be Assistant Returning Oncers, with effect from

us

January 1. Mr R. A. Balco akto to be a Registration Officer. as from November 1 last.

Mr T. S. D. Whitley and Mr R. Thompson ceased to be te- gistration Ofleers

from October 31 last.

Registration of Persona - Mr Liu Jun-stil ceased to be un Assistant Registrar of Per- sons as from January 1

The Greatest ́

brought up the matter before perform the functions of Crown ris was appointed an Asistant Shape on EARTH

another Magistrate, Mr G. R. Counsel with effect from Jan- Secretary to the Urban Council Sneath, who dismissed the two uary 8.

churges, but posed the follow-

ing questions for the decision

of the Appeals Court:

SIDE GLANCES

ita

its

(a) Whether section 19(4) was purely procedural in content or whether a certificate Issued in compliance with provisions burred any subse- quent complaint or information, regardless of whether autrefoi acquil was pleaded; and

(b) whether a Magistrate may treat as invaild and of no effect a certificate issued where no investigation of the merits of the case had been held.

.

Contention

Mr Justice Recce said it was contended by Crown Counsel that before the Magistrate could Issue his certificate there must have been drst a hearing on the merits of the case.

His Lordship held that Mr Creedon had falled to comply with the provisions of Bub coction (2) of section 19 in fail- ing to hear what each party had to say before giving the certifi cate

He was of the opinion, Mr Justice Resco continued, that Mr Sneath should have, zalloded himself as to whether the cer- Uficate had been properly given and was not

give bound to effect to the certificate by the mere fact of its having been inued.

The Judge ruled that the giving of a certificate of dis- mism was, when a Magistrate bad complied with "the pro- visións -afg, rab-section (2)))) ministerial act, not a judicial art, and the "Magistrato" was

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