1961-07-28 — Page 5

Page

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THE CHINA MAIL,

FRIDAY, JULY 28, 1961.

Young Hongkong DAMAGES ACTION journalist writes his first novel

To

(Contd. from Back Pago)

--That the defendant acled without reasonable a prob- able cause; and

"That the defendant acted mallelourly

"Fallure to prove any one of thes three things means that the plaintiff's action matst fall." "EARLY TO RISE,” by Norbert Luciano. Publishers:

Me Justice Blair-Kerr soid he Dragonfly Books, Hongkong. Price, HK$2.50.

could see no evidence of mallee NO a great many people, 13 is an unlucky in this case. There is no vvid- number. To writer Norbert Luciano, how-der at splic, in-will or any in- or wrongful motive on ever, it seems quite the opposite. For he has the defendant's part,

SUSPICIONS divided his first novel, “Early to Rise," into 13)

"I might be noted in pass chapters, and the baker's dozen arrangement has Ing that the plaintiff himself worked out very well for him.

گردی

nht if the 25-year-old Hong- unconcerned itong author is Gloral symbols

black, he is nonetheless most interested in good fur- tune and go will the reatior b. For "Good Fortune" is the 41123 of one of the principal characters In this tongue-iņ- clerk; tale of a highly unarval Chinese community.

other who figure in the

such names 03 story bear Thank Heaven, Padi Mun, and Lane Shrimp.

The hero

Trak

The hero, however, among these, His name ty Ming and he is, of all things, il Communist endre. 11e has

doubts about Peking's policies

and about Communism and 10j

Norbert Luciano

is in love with a young girl, which top the beginning Preclutts Jode, who also as much chapter.

doubts.

Te

ol

in

direct

neent to have done little to reduce the suspicions which must obviously have been aroused when on September 27, He was unable to produce the necessary cash to balance the

which

was being nudited.

"Indeed, at no time before or after September 24 the day on which he took this money from the fund without authority ild he contact the defendant or any other officer of the com- pany and explain what he had done

Curtius mou, if it had brea hintention on September 26 Bat this claque Alumaki not be

"If the defondant had pinced Bone thets before the police even without taking the advier of his solicitors, 1 do not think that any court could have 1- ferred that he neted withou! reasonable and probable cause, There was a case for paltee in- vestigation.

"The defendant had no duty to call upon the plaintiff for al explanation or to make further himself. Other inquiries managing directors might have enlled upon the defendant test for Gr explanation. That is one thing. It is quite another thing to say that, begange the defendant titel not do su, there- fure he mis! be taken to have reasonable Gr acted without probable cause, or that he acted maliciously

placing The the hands of the matter i police."

PROSECUTION

The plaintiff hnd also falled defendant to prove that the instituted the prosecution before the

Justice magistrale; Mr Blair-Kerr said.

vienr from the evidence that it was the police who this prosecution as a and having previously

taken legal advice.

peted fill September 30, insituted

result of their own enquiries

should have said so. A cheque dated September 3 is an order to the bent to pay the suum due unter it on or after that day, The plaintif has done or said

matter to the police, does not "If a person, in reporting any

nothing in this court towards beyond giving what he be negating reasonable and prob- able cause, and the evilence be- Je me indientes positively the following facts which

and the poller, without further lieves to be correct Information,

interference on his part,' them- selves think a to institute a and have been known to the defen prosecution, there is no question

dant before he took netion:-

Mr Latefun has been canstrind Hongkong It shouki t

for three from Bus thal "Early to Re" working "as Journalist is a novel with a weighty pro'us lecturer in English #l

anti-Communist "message", Hungkung Baptist College. He

{!!

It is quite simply, a story of came here from the Philippines, a group of people in a villago where he studied literature at in China toplos. Becausy Chlia St. Louis College in Raguio, is Communis, the village is and at the University of Crammusist. More precisely, it Philippines in Quezon City. He

Li

a commune in Rwunitung is a native of Shanghal, Provitice.

He already working or

Air Luriana has used the segnut novel ----À (5. village commune much as the

American writer Damon Run-

you used New York's Broadway |

as a backdrop for the activities

of a collection of what young-! sters today would call "T-

NAMES

the

a

The

must

the informant being liable Irat then damages should the prosecu- study and control of

eashon fuil, and containing money due bis employers for which he was accountable;

"Six days before he was due to leave the service of his

touk $8.983.75 from this fund fur his awn purposes:

employers, without authority he

this fund

SAFE KEY

The plaintiff in this case ap- pera in person and he has bern at great pains to try to show this gourt that he was Innocent. I

He has this no need to do so,

With

been acquitted by a court of competent jurisdicilon Hong- fang and he ought to be treated by ail with whom he tony come 3. He told no one about contact as not guilty of the

which he uffence with 11 Sept. 27 when the charged.

under his control, was "However, persons acquitted heat types." Indeed, Mr The Secretary of the Hong- under investigation 1s audi- of criminal charges would do Luciano writes with a sort of kong and Shanghai Hatels” “Lid, tors called in by his employers; well to think carefully before "Runyonesque" fair, employing Mr J. C. Oliver, announced to and he then fold the circum- embarking on actions for mali- short, pilby sentences with aday that the three establish- stanes surounding the withelous prosecution. great deal of rond humour.ments of the Company will inwal of this cash Lu Yet he can also handle ele-henceforth be known as Penin- auditor only; ments of pathos without losing sula Hotel, Marco Polo "4. He Was unalale stride and without changing is Peninsula

"It is one thing for the pro- secutor in a criminal case to fall to to prove a charge beyond rea- Cour! and Hang- produce the key of the safe | sonable doubt or at all. It is basic styl, and this, for some kong Hotel-Repulse Bay.

when frst acted by the audi- ' quite another matter for the Olle writing his first novel. is! not always mur easy thing to do.! The step was taken, he said, tom to do so un S.pt. 27; and person who has been acquitted i

The book, a paperboek,

5. Having prodired the is in order to protect the names

by a criminal court to establish alded

Dext day, in order to In this court that the prosecutor by eploured drawings f the establishments.

make good the cash defeimney, reither the original inforner or he drew his own chique for the pullee) has urted malicious- this amount in favour of Em-

without reasonable w wh pire Manufacturer Limited, probable cause. which cheque was presentel for payment and it was dis- honoured.

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