1960-05-26 — Page 1

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Decision on manslaughter conviction reserved

Of The FLEMING RETRIAL MENTIONED

Day

Why Government must help unions

I would perhaps he

to hope that all employers will support Government's attempts to improve the quality of trade unions in

Question arises WHERE SEVEN DIED AT RACE TRACK

before

Appeal Court

the Colony. And this would The Acting Chief Justice, Mr Justice J. R.

be understandable for even today many employers sea in the unions' ability to be thoroughly disruptive serious handicap to the enterprise they are trying to foster.

of

In Britain and America,

wage demands, go-slow tactics, strikes, overtime bans, demarcation disputes and other machinations de- vised by organised labour are always making head- lines. Why should we en- courage a similar process in Hongkong? The question deserves to be answered frankly. What Govern. ment is seeking to do is to promote the kind unionism which will have at heart the interests of its own members, the employees of the Colony. This means unionism that is not controlled by Peking or Taipei. And the serious weakness of unions is that they are a prey not only for conspiring political groups but various scheming in- dividuals out to use them --for their own nefarious

ends...

XAMPLES of this can be

Exound in practically every

part of the world including Hongkong

where the activities of right and left wing unions are already well-known. In Russia, China and the satellites the. union movement has been completely neutralised and survives as some appendage of the Communist setup with no liberty to represent the interests of its members. This may be ideal for communism but it would be an unthinkable farce in a democratic country. There is moreover a real dan- ger that if Government does not take the lead in pro. moting trade unionism and giving it proper guidance and help, these political pressure groups and self- seekers will get a very much stronger hold than they have today. We there- fore applaud Government for holding this four-day 'trade union leadership

course and for trying to guide them on the right lines.

Gregg, President of the Full Court which is hearing the Fleming appeal, asked counsel this morning to address the Court on the question of a retrial. The Court later reserved its decision in the appeal brought by 29-year-old Marcel Noel Andre Fleming, against conviction and sentence for the manslaughter of Police Inspector Si Wai, ming in a traffic accident.

RUSSIAN

GRANTED

ASYLUM

Mr Hilton Cheong-leen's ex- cellent address touched on a number of serious weak- unions. nesses in local Fragmentation is perhaps the biggest danger. Effective leadership cannot be given by small unions with few members. Nor can small unlons properly represent their members' interests. Petty differences have to be aside, common put terests worked out and Britain is to grant asylum to s amalgamation promoted to

Russian engineer who walked

a much greater extent.

PART

in-

ART of the trouble is

Government that

ANATOLLI

he stayed behind.

London, May 26.

"I am not suggesting for one minute that we will have a re- trial but I just want to hear what you have got to say about it," he told appellant's counsel

Mr Brook Bernacchi, QC, leading counsel for Fleming, said he thought the question of a re- trial had not been considered in the Courts of Hongkong, unless the Crown had applied for it.

The Hon. Arthur Ridehalgh, QC, Attorney General, who ap- pears for the Crown, objected and said it was not necessarily up to the Crown at all.

Two cases

Mr Bernacchi said he had based this assumption on the fact that the only two cases of a retrial that he knew Hongkong, had resulted from an invitation by the Crown,

of in

Counsel continued by sub- mitting that in case of such "peculiar heinlousness" it had been ruled as not in the publle interest to have a retrial.

The Chief Justice thought that the reckless driving of a car which killed someone was certainly of public interest to people Hongkong.

time, on

Mr Bernacchi submitted it in was wrong to put peril for a second such a serious charge.

"One must be guided by the general principle that a man shanld not, except in exLGP- tlanal circumstances, be put in There peril a second time.

here,

are as far as I know, no ex- ceptional circumstances Counsel sald

of

Expense

He also raised the question for conducting expense Fleming's defence. In a pre- vious case of a retrial, the defendant had had to apply for pauper's representation, as his life savings had gone on the experises of the earlier trial, he said.

Fleming was a young man on the threshold of his career, and he felt that the point was a most important factor in con sidering a netrial.

"Is it in the laterests of justice for this man to be put to the heavy expense of another trial in respect of matters over which he had no contral?" he asked.

Mr Bernacchi said the con- viction should be quashed on the grounds of the learned Judge failing to put the defence case in his summming-up, and

An injured girl is carried from the scene at Aix-L- Bains, France, on May 22, after even people, including British racing driver, Chris Threlfall, were killed when s footbridge collapsed across the Grand Prix circuit. Threlfall was driving an Elva DKW in the lx-Les-Bains Junior Grand Prix when the flimsy footbridge, with 45 people on it, fell across the track in front of him. He still braked hard but was travelling at nearly 100 miles an hour when he hit the Another four wreckage. drivers behind Threlful! also crashed into the bridge but escaped with InjuriesAP.

Rockefeller

will accept presidential

nomination

Albany, May 25. New York's Governor, Mr Rockefeller Nelson A.

IKE EXPLAINS REASON

FOR SPY-FLIGHT

Lesson from Pearl Harbour

Washington, May 25. President Eisenhower looked back to December 7, 1941 today in defending American spy flights over Russia on the eve of the summit conference.

For on that day Japanese carrier-based bombers launched & surprise attack on Pearl Har- bour while their own diplomats were negotiating peace in Packic Washington. The U.S. fleet was crippled.

A

He had known of these flights for a long time," HIL Mr Elsenhower went on.

that

is apparent that the Soviets had decided even before the delegation left Moscow my trip to the Soviet Union should be cancelled and that constructive from

In a nation-wide radio-TV speech tonight, President Eisen-nothing hower told his people and the

world: "The plain truth, is

this: when a nation needs Lo telligence activity, there is no

their viewpoint would come out of the summit 000 ference."

But the President commented

time when vigilance con be re-that, in evaluating the results of laxed.

And he added: "Incidentally, from Pearl Harbour we learned that even negotiation itself can be used to conceal preparations said today he would ac cept a draft for the Re for a surprise attack."

But he said that the United publican nomination for States must continue to nego President, but that the tiate on outstanding issues with selection of Vice-President the Soviet Union despite the “zigs zags" of Kremlin

and Nixon as the party's can-

-policy......... didate "obviously is to be expected."

Distrust

The President acknowledged

the Paris events, "I think we must not write the record, all in red ink.

Extra mile

"There are several things to Perhaps be written in black. this Soviet action has turned the clock back In some measure, but it should be noted that Mr Khrushchev did not go beyond invective a time-worn Soviet immediate. device to achieve an objective."

Released U.S. plane returns

Wiesbaden, Germany,

May 25,

A battered U.S. Air Force C-47 transport, forced down by Russian fighters over East' Germany five days ago, flew back over

Quakes

again

rock

Chile

Santiago, May 25. Four new earthquakes, one of cataclysmic proportion, hit southern Chile today and brought new tidal waves and volcano erup tions. The death toll was expected to reach 5,000 or

more,

Nine volcanoes which had been silent for half a century belched forth smoke, ash and lava over a wide area already devastated In the worst series of earth- quakes in the history of this nation.

Authorities sald four "new earthquakes struck the disaster area today and that one of them was grade 12--or cataclysmic proportions.

It caused another of the huge tidal waves that has wrecked villages all along the south Chilean coast.

MORE DEATHS

The death toll mounted by the hour and.:~/govisTIMÉTA officials .who. early thday! estimated 3,600 persons dead or {missing "said the toll-probably would go over 5,000 when the full effect of the cataclysm is known

Two new volcanoes on the. shores of Lake Rinihue-added ---- their horror to that of at, binst atver already known to be erupting, Osome, the biggest of them all, was, belching fire that could be seen for miler. Puyehue also erupted today.

Today's new qualcos werá registered at the Santiago Seismological Observatory which said the epicentre was nearly 1,000 miles to the southern tip of Chile-UPI.

Tidal wave alert

Civil

Honolulu, May 25. Defence heads wurters sounded another` tidak wLYE alert for the Hawaślan Iólaziða today and urged coastal area residents to evaruste.

Tidal wave.airena walled as & Civil Defenca spokesmen nud the U.S. Coast reported unusual waye actlytty at Christmas Island about 1,000 miles south of the Hawalian chain,

The estimated time of sr-

determined—AP.

the Iron curtain tonight ival of the wave here was not and landed at U.S. Air Force headquarters-here.

The plane was forced · down

burg.

It had flown 22 miles inside ERS! Germany. The air route Adris the iron curtain frontier. Six crew members and three Passengers, including a woman, were aboard when the plane was forced down..

In Paris, Mr Eisenhower said, the United States, Britain and by Soviet fighters while en Mr Rockefeller added, how-

The Russians claimed for failing to direct the jury on ever, that "these are very fast-that Soviet distrust of the West France again demonstrated their route from Copenhagen to Ham

go, the still remained and that was why willingness always to cincumstantial evidence. "The changing times."

He commented at a news con- Ave years ago he had put for- extra mile on behalf of peace.

He paid a personal tribute sentence of three years which

to the British and French Fleming had been given, was ference that followed a closed-ward his "open sides" proposal

leaders saying: "The conduct out of a Soviet cultural delega- quite contrary to the principle door meeting at which New York for mutual aerial inspection.

of our allles was' magnificent," of sentences in the Colony, he Republican leaders agreed that

The Nate meeting after the lion visiting Scotland earlier

submitted this month, a Home Office re

Paris conference showed unpre- cedented unity and support for the alliance and for the position taken at the summit meeting salute our allies for us all."

The President recalled how he had rejected Mr Khrushchev's terms for agreeing to hold the summit talks and how he had

seven

"quires only a minimum

membership of before it will register

a union. This is far too small The result is that some unions have titles longer than their member- ship. Like these: The

:

Noodle

their 96-vote delegation would go Mr. Justice Gregg mid the to the Party convention uncom spokesman announced late last Court would reserve judgement, mitted.

Mr Rockefeller told reporters:

presidency, in all, candor, I would accept."-AP.

night."

which would be delivered at a

The engineer, Anatoli Naks time to be announced in due "If there were a draft for the

RD COLO

shidze, 28, walked into Edinburgh police station on May 19 and 'asked to be allowed to stay in Britain as a political referee.

<

Second issue

Earlier, Mr Leslie Wright who appeared jointly with Mr Ber- nacchi for Fleming, submitted

Pasternak's turn for worse

"That offer is still

open," "At the President declared, sin appropriate time América will submit such a programme to the United Nations, to gether with the recommends tion that the United Nations

redan itself conduct this 'naisesnot.

"Should the United Nations accept this proposal, I am pre- pared to propose that America equipment required.”

supply part of the aircraft and personally announced in Paris

Surprise

that he had directed that the U-2 flights should be stopped.

"Clearly their usefulness, vras impaired," he said,

were

Greek Cypriot shot dead

Nicosia, May 25.

A band of masked guomenTM A radio message

stopped a lorry on its from the plene before is arrival said way to Akrotiri British that all nine occupants

air base in southern bord. With them was Major

Cyprus today, called out a 15M. Warren, of the U.S,

Greek Cypriot by name, Military Liaison Mission at

and then shot him dead in. Bussian headquarters in East

a nearby field, police re- ported.

Germany --AP.

PILOT GROUNDED

The official police statement on the killing said the lorry WAS taking 20 Greek cypriot labour ers to work at the base.

Hongkong and Kowloon The Home Office spokesman that the Crown during the trial Vermicelli and

said: "He is definitely to be had never raised a second issue

Washington, May 25, Manufacturing Industry allowed to stay in this coun- before the Jury.

Gen. Thomas D. White, tonight only issue was that of Merchants General Asso-

try, I have no idea where he speed, he said. It was the

President Eisenhower ex- Moscow, May 25.

this grounded the pilot of the "Moreover, continuing Is at present."

"American plane ciation and the Hongkong

which was Crown's case that Fleming had

It was stopped near Akrotiri and Kowloon and New Nakashidze, marted with a six driven at

held by Soviet autherilles by three or more masked gun- Soviet author Boris Pasternak pressed nærprise that the Soviet "reckless speed" a

for five days after. Russian men, who told Savvas Palekhort- Territories Bricks, Tiles,

recommence fights circumstances could not but com- month old daughter, comes sufficient enough to constitute took a turn for the worse today, Union, knowing of Antrican particular activity in these new

medical aerial

plicate the relations of certain of end twɔ top-rariking

fighters forced it down in tis, a 40-year-old labourer, to Earthenware and Porcelain

from Tkeball, Georgia. -

manslaughter..

Mr Justice Gregg- observed specialists were called lo for over Soviet tertilory for sever our allies with the Soviets

East Germany, Workers General Union:

years, had made alt tie

Furthermore, new techniques,

get out of the lorry. Quaint but rather tragic.

Alexander Pasternak, brother furore about the flight of the other than aircraft, are 100-

The Air Force announced. The police sald Palekhorlis Education seems the only

a three-week tour of Scotland prosecution at the trial, had not of the author, came to the U-2 on May 1.

The President said that instantly being developed." way of helping Hongkong's

Duming Arture Unlted Gen White's Botion The file was in into a feld, and WING dead at close range. At Jeut of the Boottish ignored the question of intoxica front gate of the writer's coun- budding leaders

bulla

try home to tell correspondenta torpedoing the (summit) con-

Union, the President said: "We The announcement said Gen) one shotgun and a pistol were strong, respected and

Mr Wright'

Police, who have found affective unions and we

must contine tiinesslike deal- Stith had appointed a special used

congratulate Government

ings with the Soviet leaders on investigating board, handed by

for tackling this urgent

outstanding issues, and improve the Lowpector General of the motive selfors ti

(Continued on Page S, Col 4) 1-UB. Army in Europe.-UPL problem

He came to Britain with that the Solicitor General, who consultation..

cultural deierstion which made had conducted the case for the

as gueula

National Balon of Minetion, it' replied that thb that his brother's condition was 'ference Mr. Khrushchev claimed States policy towards the Soviet was Capt. James Landya

workers, baby.

Nakendeo was believed a week Solicitor General had not raised worse than st any time since that he ected as the result of sgo to have left Edinburgh, on the question of intoxication as he suffered a heart attack with his own lafah moral faktigation his way south with friendsm an alternative.15.complications several days ago, over, alleged Ampericen sets of Beater

(Continued on Page 3, -Col; 6),

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