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TUESDAY, APRIL 25, 1961.
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Appeal court ruling on defence of infancy SNATCHED District judge 'acted unwisely'
CASE SENT
NECKLACE
FROM GIRL,
BACK AND COLONY DEVELOPMENT AGED TWO JUDGMENT SET ASIDE SLOWDOWN WARNING
A District Judge "acted unwisely" in raising on his own initia- tive a defence of infancy-a defence which was not raised by a 19-year-old girl alleged to have borrowed $2,699—— the Full Court decided today.
PORTUGUESE
BROKER
JAILED FOR 5 MONTHS
A
Portuguese advertising broker was sent to prison for five months by Mr T. L. Yang at Causeway Bay Court this morning for fraudulent conversion,
The broker. Alfredo Maria Sintos, 31, Hving at No 1 Elec- frie-road, first floor, gulty to the offence,
pleaded
Detective
II. Juspector
P. Style said that the defendant was employed by a number of publishing Armato sulleit ad- vertisements on a 30% cominus- slum basis.
To a written judgment the Full Court sald The netion of the district judge in the pre- sent care has led to delay and unnecessary Experte."
11: cate
came before
subject of a notice under See- Han 17 of the Supreme Court (Summary Jurisdiction) Ordin.
Jnce.
The district judge went on to ssy that, having invited both solicitors to express their views
أن
Cult
Court set aside the judgment of the district judge the question of infancy, he nl send the case back to him. felt justted in giving "consent or leave", within the meaning the of Section 17, for the defence of district judge When Hung Lau Infancy to be raised and
its not having Daney Hall, North Point and sidered, desplie
the Miss Chan Suk-wan, allas Wal been pleaded, and despite
fact, which be said he asstim- Lung alas Chan Fung-chu for the sum of $2,009.10 allegedly tor did not intend
ed, that the respondent's sollei- to raise it. due under ve "Chinese burrow-continued the judgment. 3 [ ኣ notes,"
they as
were The district judge then con- described in the writ.
sidered Section 7
the Supreme Court
(Summary Jureliction} Ordinance and read decisions, and said he felt himself bound by those decl-
which stors,
established the principle that intuney wus aut à defence to an action in the District Court.
Rut having considered the Bills of Exchange Ordinance the district judge pointed Dut that a defence of infancy speelflently provided in Ordinance and considered that this overled the effect of the Supreme Court Ordinance.
None pleaded
The district judge accepted Bu contention of the plantis that the notes were in fact and la la promissory notes.
at
Both parties agreed that the time when the notes were made the appellant was an in- fant. having been born in 1942, but no defence of iufancy was pleaded by the defendant, went On the Fall Court judgment.
the conclusion "AL
of the bearing, the district judge bim- question of in- selt rused the fancy and we are told that he
On March 2, Mr Leung Kwan-invited the solfeitors on neither man, the publisher of the "Bankside, to express their views on and Business" magazine asked it but thal
defendant's stre the defendant to work for him salieitog derlined to rely upon indicating advertit en cats, this defence.
Mr Leung only issued Gir odbetal pampodły tereipt and Instructed him to obtain an ad- vertisement for inclusion in the pibfentican.
$400 CHEQUE
On March 4, Sunlos went to Tea and Company to obtain
an advertisement from the com- Duty manager who gave him B
$420 cheqje in payment. On
March 6, be cached the cheque and kept the proceeds Imself.
Te fraud came to light when Be manager of Deak and Com- pany inserted an alteration. On Morch y when confronted. Santos omitted the offence and he returned $200 amount.
of the total
Soolos ic mitigation, asked the Magistrate to take a lenient View because several persoUS were depending upon him. IIe added that he al-o sarrendered Welf to the police earlier.
Mr Yang was told that the defendant had three previous
convictions
1934,
1934 and 1959.
Exemption application
Au exemplica application planning replacement of six tene- inent huuges in Mongkok by a 12-storey blook costing $780,AND was heard this morning by Ten- oney Tribunal President, Mr V. Rhodes and Tribunal nealers, Mr A. T. Dow and Mr R. Choy,
"Nevertheless the judge pro- greded to deal with if" says the judgment, signed by the Chief, Justice, Sir Michael Hogan, and Mr Justices C. W. Reece and
A. D. Schales.
Wrong
}
at
Industry in Hongkong has developed rapidly over the last 10 years, but the timo in swiftly approaching when further progress will be inhibited unfess more and better educated young people decide to make industry their coroar, warned Sir Sik-nin Chou, opening the Technical Training and Caroors Exhibition. today.
The exhibition is being held | would invite all employers to the Slor Ferry Pler, come and study these stalls and Hongkong
exhibits to see the various sys- items of recruitment of trainees
training provided and the subse- or apprentices, the sequence of
quent careers which are offered,” RECOGNISED
Sir Sik-in Chau presented the prizes to winners of essay and poster competitions.
He was Introduced
by Mir S. J. G. Burt, principal Technie College and chuleman of the Sir Sik-uin added: "Industry co-ordinating committee tor in Hongkong
developed hns Commonwealth Technical Train-rapidly over the last ten years, ing week.
the time Is swiftly op- but prosching when further progress will be inhibited unless store and better educated young people decide to make industry their career.
SUPERIOR
Sir Sik-ni suid:
"Cnly relatively small pro- portion of the young people who apply for enrolment at the Tech
leaf College are our best and brightest,
Happy
ending to sad story
By JILL DOGGETT
of the saddest slorics
known to the International
Social Service in Hongkung seems now to have a happy ending.
"If Hongkong { to p [3 prospering, to continue to have One a free and independent economy, then our industry must be based on scientific or- White collar jobs still opganisation and manned by men Pear to command inore respect,
and women sklled and trained even if with less pay than jobs
In technological thought and in costineering, or building con-
processes, struction or Textiles.
"This "This attitude is understand industrialists, by our
is recognized by our educa- Chinese ዝር was able, for
Federation of this traditionally looked upon those tionists, by the
pen as being Hongkong Industries and other who wield the superior to
organisations. those engaged other employment pursuits.
"But our outlook is under- going a radical change, and it is foetunate for us that it is.
Sald the Full Court "We find
ourselves unable to follow th reasoning of the district judge in this respect,"
have
in
responsible sec- communlly are
that
ilau
"All these tionn of the working to ensura training facilities are avaliable for bright youngsters
wishing
to enter industry, and that jobs, well-pald Jobs too, arc
theni general waiting for
after the completion of their training.
"The future for the young and
eager was never brighter, nor the challenge greater."
The technician, it is now recognised, must be of equal it.) not superior Intellect to the After reviewing all the legal clorical worker; hiz aspects of the decision the an- duration of no lower standard; peal judges said "We are sotials contribution to the stability fed that the decision of the dis- and prosperity of the commun triet judge was wrong.
Ity is as great, if not greater and the rewards for his services are therefore becoming mensurately larger.
"His Judgment is set aside and we send the case back to him to complete the hearing om the
In doing so the district judge | basis that the plea of infancy stated he assumed that such cannot be raised as a detence lo defence should have been "ex- the claim. pressly pleaded" or alternatively
been that it should have
the
BRITISH SEAMEN CHARGED
Three British seamen of HMS Cvice appeared before Mr D. Cuis at Central Court this morning on a charge of assault; with intent to rob.
ANOTHER CURE
COIN
"The higher salaries are now "As the defence of infancy being unld, not for offlee work, was not raised by the respon- but for teelical Jobs in Indus- dents but by the judge of his try. "it is my very sincere hope own hitiative, the appellants that Commonwealth Technical have not asked for cosis, We Training Week and this exhibi- tion will do much to accelerate think that the district judge in se raising it acted unwisely.
this change of outlook among parents and students, and also among those teachers who think Disregarded
mainly in terms of clerical em
i
ployment for their pupils.
*Another
56 FALSE
FIRE ALARMS
Or
false the 58
alarms received by the Honitong fire services in the Arst three months of this year, 32 were given by people with mallcious intent, the Director of Fire Services, Mr W. J. Gorman,
ald today.
The judges quoted a comment of Lord Justice Fry that it was
part of the cure not the duty of the court to lies with employers. Those who force upon a party an amerd, want to employ the best artisans, ment which he did not seek. foremen and technicians must "The action of the district surely see to it that firstly they judge in the present case has receit apprentices or trainces le to delay and unnecessary with a reasonably good general They were David Leo Melton, expense" they said.
education, and preferably some 17. John Alexander Burt, 17 "It is an example of the un-re-apprenticeshin training, and secondly, that they provide them tortunate
and progr CS- The charge alleged that the occur, when the approach in-with an efficient three assaulted Tsang Wing- dicated by Lord Justice Fry insive scheme of apprenticeship. chiu
with intent to rob him disregarded and a party is given "Obvicusly, the other yesterday, outside 15) Magazine leave, which he does not seek, itions of employment must also fres and other causes, including Gap-road.
to fire a defence on which he be attractive, in this exhibition, house collapses and Iandsildes They were remanded
does not wish to rely" concluded some of our batter cmployers of which | days in police custody pending a
the appeal judges,
have included displays and I during the period under review. decision to transfer the case to higher court.
and John Corlass, 17.
Numbers in prison
The
three
average dally popula!
Gon of the Colony's Ave" pri- | sons during the first quarter of this year was 5,537, states
Mr Sleven L. Yu prepared the the commissioner of prisons, Mr plans which will increase the c. J. Normalt.
floor areas from about 19,000 sa!
A breakdown of this total
there were 3,338
that results
cil
The are services received and responded to a total of 572 fire and emergency calls during the quarter. Of the 448 Ares dealt and 69 were grass, and with, 230 were small outbreaks shrub- bery fires.
Sixteen people were klied candi and 67 injured as a result of
were
reported
MAN WHO ATTACKED
WIFE FOUND INSANE
A verdict of guilty but insano was returned by a jury of six men and a woman at the trial of a 38-year-old man, Kwan Fat, at the Criminal Sessions chargod
with wounding his wife with intent to causo her griovous bodily harm.
It to 49,700 sq ft if exemption shows that from Ordinance control is apprisoners at Stanley. 542 at Evidence was given by the proved.
Victoria, 633 at Chimawan, 750 wife, The Sau-chan, who testi al Tui Lam and 268 women, at fed that Kwan Fat had attack- Laichikok.
ed her on the night of Novem- ber 28, 1959 at 748 Nathan road, tourth floor.
Exhibition of paintings
Was
Centre this morning! by Mr
Anzac Day
Australians
and
doctor said he was very restless should get away from the room and was in an apprehensive in order to escape from the as- Rtate. He WTS also very sailants or to kill himself," Dr agitated and was always calling Chung continued. for help.
NOT AWARE
the time, he was not aware that what he was doing was wrong,“ the deeler salt.
The doctor added that he was
"In other words, although he under the delusion that people knew what he was doing during were charling him anti wero coming to attack and murder him. He added that accused gave him fragmentary memories of the incidents that took place on November 28,
The fall from the fourth floor window did not worKn The symptoms of the mental disease, the doctor also bald,
Kwan was detained at the mental hospital after his release from Kowloon Hospital on December 8 and was kept there Anzac Day in inemory of until July 6, 1800. He was re- An exhibition of paintings by
the same Zea admitted on August New Mr Les Cheung Chun
a relapse and re- opened at the US Cultural landers who fought in the two year ofter
world wars, was observed with leased in December, 1000,
RESTLESS Dr Chung Cho-inan, senfor at the Cenotaph this
"During the time he attacked
Mr Justice W. A. Blair-Kerr medicul ofeer of the mental his wife, he thought that Jeden ordered accused to be dr- morning.
hospital, testified this morning himself and his wife would tained in the custody of the Mon of the Royal North-that accused had been suffering die of attacks from people. He Condolener of Prison until umberland Fifth Fusillers stood from paranoid schizophrenia for thought that he should kill his the Queen's pleasure be known mard, with a supporting party the last three years,
wife instead of leaving his wife and added that an anticipated of Royal Australian Air Force On the day he was admitted to be killed by the assailants order for a transfer to the
mental hospital, and then ho thought, that bo mental hospital will be made.
Huo Pao-tsal, Director of the special wreath-laying Bank of Canton and Director of } mony the Chung Shan School,
B
Mr Lee is an art teacher at the Chung Shani School,
The exhibition will continue
until April 20.
men.
cere-
to the
This is the story of 13-year-old Fung Ying who was Elven away in China by a heart- broken mother too poor to keep the child when she was three months old.
came
Her kindly adaptive another be- tubercular. The new parents had fled before the Communist when they gained control of Canton, Funy Ying's mother died as a re-
to husband. fugee and the
case his grief and despair, started to fake drugs.
BUCKETS
Little Fung Ying carried heavy buckels of water for miles to earn enough money to buy food but the work was too heavy for her and she was found exhausted, suffering from malnutrition, and taken to the Po Leung Kuk.
For the first time she had some education as well as shelter and food with feeling of security. But it was felt that the girl needed the special love and care of a home of
her own.
So ISS found a new home with parents eagerly awaiting her nrrival in Oregon. Letters and greetings have been ex- changed and tomorrow Fung Ying flies to the New World,
All those who have known her since she came under care of the Child Welfare Départ- incht of Government arc hoping that Fung Ying will live happily ever after.
REFLIES TO CORRESPONDENTS
Disgusting: Sorry, no.--Ed.
POP by Goa
From the Files
25
years AGO:
April 1936
A 25-your-old man who ad- mittod snatching a silver necklace from α two-
THOUGH there was a red THOU
the year-old girl, was аспи
carpet laid down tenced to two ycom jall middle of Queen's pier on and six strokes of the Saturday morning along cano by Mr D. Cons at which
and Sir Thomas Contral Court this morn- Lady Southorn were to walk to their launch, neither Cheung Sum, living^at an un-used it for they were too
1 numbered hat in Tran Wan
with was accused of committing the busy shaking hands offence in Bonham-strand East the very many friends who on the aftemoon of April 10. had packed the pier to bid
The girl was walking along
ing.
the stree with her mother farewell to the former when suddenly she shouted out. Colonial Secretary of Hong-
On
turning
around, heri
mother saw Cheung taking the kong and his wife. necklace from her daughter.
He was subsequently caught in Der Voeux-road West watchman
0 by
After alighting from his car, Sir Thomas inspected n
He had 14 previous convie- guard of honour drawn from
tions.
REFUGEES
FROM MACAO
JAILED FOR
THREE DAYS
A
the Hongkong Police Force
and composed of a division
of European, Chinese Indian officers.
and
In a lawn, bowls match the Police Rnereation Club play- defcated the ing at home Kowloon Cricket Club by the Four people two men,
narrow margin of four shots, women and a 12-year-old child the scores
58 being 02 to appeared before Mr
L. Glendin- Central Court this morning points. Scores:
the with charged
entering
ning, W. Dall, F. H. E. Booker Colony without permission. All pleaded guilty and were jailed and J. Shepherd (Police RC) The child is lost to G. Lee, R. G. Craig, F. for three days. 10 go to the Juvenlic remund | Goodwin and A. Hyde-Lay by home.
Cons al
Inspector Yip Tai-yau sald 18 shota to 29. W. Cameron, that defendants escaped from R. H. E. Marke, J. Carey, W. Chung Shan In China, to Macun Mair (Police RC) beat H. and had been living in Macad Gillink, W. Geall, W. Hyde for some time,
They were
by and N. Bebbington by 22' approached certain people who made shots to 11. W. Greig, C. arrangements for them to enter Dowman, J. Orem and W. E. Hongkong at $120 each.
They come by sailing Hollands (Police) brat A. E. sampan. Insp Yip continued, Silkstone, E. C. Fincker, J. from Tem Chai in Macao las Fraser and H. P. Phillips by Wednesday night and arrived the next morning:
21 shots to 18.
They were intercepted by the police at the Cheung Chau ferry pler when boarding a ferry for Kongkong
It is understand that when Brigadier F. S. Thackeray's tenure of the command of British Forces in Shanghat conicg to an end in the lata Aumnier he will be succeeded by Col A. P. D. Telfer-Smollet Major-General D, H. V. who since 1034 has been coin- 167th HLI In-
RASC visit
Buckle, representative Colonel manding the Commandant of the Royal Army
Service Corps, who is on the|fantry Brigade, TA. final stage of his tour of RASC locations in the Far East this morning Inspected the 50 Com- pony RASC headquarters at Causeway Bay,
On his arrival,
accompanied
Mr Tao Seen-wan and the
by the Director of Supplies and Rev Frank Short have been Transport, FELF Brigadier appointed members of the R. A. R. Eggar, General Buckle
段
was met by the Commanding Board of Education for Officer F. N. Fenner and Inspect further period of two years ed a guard composing of Chinese
James Wonz-
army personnel led by Sergeant and Mr Benjamin Wylie for
la period of two years.
SOME FILING SYSTEM WHEN YOU CAN'T EVEN FIND MY
SANDWICHES!
KAL
FOR THE INNER MAN, IN OUTER SPACE
Carlsberg
SAS
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