1939-03-01 — Page 7

HONGKONG DAILY PRESS

SUCCESSFUL APPEAL IN PERJURY CASE

No Opportunity

Afforded

To Show Cause

An appeal 'brought by Lan Wong and Chui Ting-chau against being fined for alleged perjury by Mr. Justice K H, Williama, then acting Puisne Judge, was allowed in the Full Court of Appeal yesterday.

The appent was heard by the Chief Justice, Sir Atholl Mse- Gregor, and Mr. Justice R. E. Lindsell, "False Jüdge.

GENERAL

58 DEATHS FROM | ASSAULT CHARGE

TUBERCULOSIS

COLONY'S HEALTH

RETURNS.

Tuberculosis continue to take

its toll in the Colony. According

DISMISSED

SERGT. MORAN

GIVES EVIDENCE

to the returns issued by the Health Would Have Searched

Department for the week ended midnight on February 25, 58 deaths occurred from this disease out of a total of 129 cases which were¦- notified, to the authorities.

Other returns include 36 deaths from measles out of a total of 55 cises, 8 deaths from small-pox out of a total of 28 cases, 4 deaths)

Governor's Boy

At the continued hearing of a summons for assault on Li Cheung houseboy employed by Mr. R. A. D. Forrest, Crown Sergt. H. N. Moran, of the Hongkong Police, was found not guilty by Mr. R. Edwards at the Central Court yester- day.

Appellants were aned $73 and, formed as to what statements from enteric fever out of a total

·350 respectively on December 16 made by them respectively con of 10 cases, 3 deaths from diph- and theris aut of a total of 10 cases, last after a Summary Court action stituted the alleged perjury against the former had concluded further that before being aned 3 deaths from dysentery out of a

Crown Counsel, M. E . WH- and in which judgment was given they were not given the oppor- total of 10 cases, one death from

giving for the plaintiffs, the Yee Cheong tunity of

any reass chicken pox out of a total of 31 ama appeared for Sergt. Moran' Loong Sang Kee, who claimed for against summary measures being cases and one death from cerebro. whilst Mr. M. A. da Silva repre- i taken or of offering any explana-spinal fever out of a total-of-21 in-tion or removing any misappre-cases: Mr. H. Somerset Fitzroy. structed by Mr. C. A. Sutherton hension as to what had been said. Russ represented appellants.

the return of a loan of $500.

THE JUDGMENT Ordering the fines to be set aside, the Chief Justice yesterday said:

sented the complainant.

Defendant gave evidence that with Returns for the 24-hours ending the approach of Chinese New Year, It becomes necessary for us midnight on Monday include 30 there had been a constant increase therefore, to consider the course cases of tuberculosis, 12 cases of in crime. Defendant also pointed followed by the learned trial judge measles, 7 cases of chicken-pox, 4 out that there had been an in- as disclosed in his notes of the cases each of small-pox and cere- crease in crime of 20 per cent. bro-spinal fever, 3 cases of enteric during the previous six months fever, 2 cases of diphtheria and one and the total amount of losses sustained in thefts was about case of dysentery.“

$5,000.

hearing.

On December 16, 1938, at the

The relevant portion of the conclusion of a suit in Summary notes reads as follows:- Jurisdiction in which the appel- "Both defendant and. Chui Tung lants were respectively defendant chau are liars who have committed, and witness for the defendant, the deliberate perjury,

CHINESE Y.M.C.A.

learned trial judge being satiated. I one defendant $75 er two MEMBERSHIP.

that each of the appellants had months and Chal Ting Chau $50 been guilty of wilful and corrupt or one month. Section 31 of Or- CAMPAIGN perjury and purporting to act un-dinance No. 3 of 1873,” der the powers conferred on him

the

he

DREW REVOLVER

On the day in question while defendant WIS near the War coro- Memorial Hospital he saw plainant and four others walking One and ordered them to stop. The thirtieth annual membership of the party ran away, two others The section relied on is in the campaign of the Chinese Young remained whilst another two made by section 31 of the Supreme following terms:-

Men's Christian Association will hurried steps to move. Court Ordinance, 1873. ned

"I in any cause, action, or suit.open with a dinner to the team appellants in the sum of $75 and

civil or criminal, or in any pro- {captairis and members at the Cen-- Defendant drew his revolver $50 respectively.

therewith. It tral Branch building at Bridges St. and ordered them once more to At the outset, I desire to say ceeding connected that no appeal lies as of right or appears to the court that any per- this evening at 6.30. The principal

At this all of them came stop. on a certineate of a trial judge son examined as a witness upon speaker will be Ambassador Hsu towards defendant who was stand- against a conviction for a criminal oath has committed wilful and Shih-ying:

A social programme ing still. When defendant ordered also been arranged and a large, them to put up their bands, com- contempt, and this Court there- corrupt perjury, it shall be lawful

for the Court to commit such attendance is expected. fore cannot embark upon ад

'plainant said he was Mr. Forrest's witness as for a contempt of the'

The campaign will be continued houseboy and tried to fall back, examination of the evidence or

the Arst Ave consider whether or not there were Court. to prison for any time not during March and

Defendant denied that he struck sufficient grounds for the learned exceeding three months, or to fine days of Apri. Intermediate reports

complainant. judge's coming to the conclusion such witness any sum not exceed will be made on the fifteenth and ling one hundred dollars. Provided twenty-second days of March. The to which he in fact caïne. The

#

M. Silva: When complainant told you that he was Mr. Forrest's

English..

functions of an appellate tribunal that the powers hereinbefore given goal is $30,000 in membership fees houseboy, did you believe him?--) on such an appeal as this must shall be in full force and operation and contributions, the funds 50 Yea, because he spoke such good be limited to deciding whether the notwithstanding any irregularity accured to be used for the regular order was so irregularly made as to or want of form in the adminis-programme of the Association and offend -- against one's elementary | conception of justice.

GROUNDS OF APPEAL

tration of the oath."

for the expansion of many of its features.

You admit that you grabbed him and pulled him forward?-- Yes.

Did you consider the statement,

TWO REPORTED CASES

The campaign chairman is Mr. There are two reported cases, Lum Chi-Feng a prominent busi- The grounds of appeal are that both strangely enough on appealsness man. Twenty-one teams have "I am Mr. Forrest's boy to be neither of the appellants was in- from Hongkong, which are direct-beer organized, twenty of them impertinent?--No. I did not take

It as impertinent.

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ly in point. in

captained by men who are p:o- In re-Pollard (Law Reports 2 minent in the church, business, "NOTHING OF THE SORT"

I suggest that when you pulled

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WEDNESDAY, MARCH 1, 1939. -PAGE T

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REFUGEES IN THE COLONY

Privy Council p. 106) the headnote professional, and educational Life

of the city. One team is led by him and grabbed him, & was the number of refugees and desti- . The following figures relating to A contempt of court being a woman, the mother of one of the act of exasperation. — It Was tutes accommodated in Govern- criminal offence, no person can be students in the YM.C.A. school.

nothing of the sort. It was only ment Camps, etc., in Urban and punished for such unless the More than twelve hundred valun- to prevent him from getting away. Rural Areas for the week ending specific offence charged againstteer workers have enlisted to work

Was your "temper rutted?-Not him be distinctly" stated, and an under the leadership of the cap in the alightest

February 25, have been sent in opportunity given him of answer-tains. Printed matter in both

for publication: When he told you that he was. ing.

English and Chinese has been pre- Mr. Forrest's boy, why did you

A barrister engaged in his pro-pared, and it is expected that rapid search him?-I would have search-

fessional duty before the Supreme progress towards the goal will be Court of Hongkong was, without made from the first day of the

campaign.

AIR MAILS

ed him even if he said he was the Governor's boy......

I suggest that you delivered complainant a blow and pulled him forward?--I did not, for if I had hit a man of his size there

Urban Aress (Civilians): King's Park; 1,428 against 1,393 on February 18

Ma Tau Chimg: 780 against 621 on. February 18.

King's Park: 1.428 against 1,393 on February 18.

Urban Areas (Soldiers): Lai Chi Kok Hospital (Upper Ward): 40 against 17 on February

Kan Tin: 2833 against 2.583 on February 18.

Fanling: (North): 988; Fanling (South); 1.248; Gill's Cutting: 577.

No. 25

SE T

notice of the alleged contempt, or rule to show cause, and without being heard in defence, by an or- der of the Court, fined, and ad- judged to have been guilty of

Two planes of Imperial Airways would have been marks on him." several contempts of Court in are due at Kai Tak this afternoon I don't suggest that it was a 18. disrespectfully addressing the between 4 ane. 4.30 ́o'clock from hard blow, but a blow delivered Ma Tau Chung: 761 against 780 Chief Justice while conducting a Bangkok with mall, from all perts, to show that you meant business? on February 18. case. Such order was set aside, and passengers.

-No. I was only reaching out for and the fine ordered to be re- The week-end south-bound ser-him and pulled him forward, mitted, first on the ground that vice for this company will leave Mr. Edwards, in dismissing the the order was bad, inasmuch as Kal Tak 7 am on Friday carrying case said, that he was quite satis the offences charged were not of mail and passengera.

fed with the statement of the themselves auch contempts The weekly inward service from defendant and that defendant had court as legally constituted a Hanal of Air France is due to ar- done what Was right in the offerice, and secondly, that even if rive at Kai Tak to-morrow about execution of his duties. they had been so, no distinct charge of the several alleged of-

The Pan American Airways Boe-. fences was stated, and no OPP'Ting Clipper (314) la case to arrive tunity given to the party accused in the Colony on Friday from San

of

noon.

of being heard, 'before passing Francisco and Manila,

sentence.

The return service of this con-

DEATH OF MR. E. P. FLETCHER

MR. A VESPA

Mr. A. Vespa asks us to point uut, in connection with the in- terview which he granted to the that he "Hongkong Dally Press," is no longer an Italian subject News was received in Hongkong since he renounced his Italian In that case no judgment was any will leave Hongkong the fol- yesterday of the death on February nationality in 1924 to become a given, but the report of their lowing morning at approximately 23 of Mr. Eric Paul Fletcher, of citizen of the Republic of China. Lordships, subsequently confirmed 8.30 o'clock, with mail only for the Public Works Department, Mr. Vespa holds a passport issued by Her Majesty's Order in Council Manila" and San Francisco. June 19; 1868 is published and the relevant portions of that report are as follows:

Their Lordships do agres humbly

and George

while en route to England in the by the Chinese Government and 3 Barpedon. The ship. It is proposes to travel to Europe and understood, was on its way from the United States with this. VAGRANCY CHARGE Colombo to Aden when Mr. Flet-

A fine of $5 was imposed by Mr. Jonathan Gordon Macdaniel, 32, cher passed away.

South American, to report to Your Majesty that in

Fifty-one years of age, the late Q. A, A. Macfadyen, the Kowloon their judgment no person should Gilbert, 27, of Jamaica, were Mr. Fletcher came to Hongkong in Magistrate yesterday on Mr. J' M. be punished for contempt of Court charged with vagrancy and were 1923. The flag at Volunteer Head-Dimada Remedios, who was which is a criminal offence, unless committed to the House of De-quarters was yesterday down at summoned for having left his the apecine offence charged against tention, when they were produced half-mast, as deceased was a car parked near Market Street him be distinctly stated and an before Mr. R. Edwards at the lieutenant in the Army Service for a period of 30 minutes on Feb.

(Continued on Back Page) Central Court yesterday,

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