1940-04-19 — Page 5

HONGKONG DAILY PRESS · ·

CONVICTION AGAINST INDIAN P.C. QUASHED IN APPEAL COURT

REMARKING THAT THERE WAS AN ENTIRE ABSENCE OF ANY EVIDENCE that appellant had instigated the offence, the Chief Justice, Sir Atholl MacGregor, at the Appeal Court yesterday, quash- ed sentence of three months' hard labour Imped by Mr. T. J. Hons- ton on Mohamed Ajaib. an Indian Police Constable, on a charge of having obtained a bribe of two cents from an ice cream hawker through another person.

Amah Wins Appeal

SWEEP TICKET DISPUTE SEQUEL

The Hon. Mr. Leo D'Almada, Jnr., appeared for the appellant, in structed by Mr. M. A. da Silva, while Mr. E. H. Williams, Crown Counsel, represented the Crown.

Asking leave of the Court to file another ground for appeal-that the charge was bad for uncertainty -Mr. D'Almada said that

the original ground for appeal was in- sufficient evidence.

The charge made no reference as A successful appeal was brought by an amah, Yua Ah-kiu, of No. to whether the bribe was for the constable himself or for some other 7. Cross Street, before the Chier person, and the fact that this was Justice, Sir Atholl MacGregor, yes omitted made it bad for uncer- terday morning against the con-tainty. He added that the whole of viction on Dec. 14 last when she the evidence had not been set out was fined $25 for receiving $750 with a sufficient degree of clarity on behalf of another smah, Li Ah- and nothing could be more limpor- yue, and fraudulently converting cant than that an accused person same to her use and benefit. should know the exact charge

against him.

were

that

Appellant was convicted by Mr. Q. A. A Macfadyen at the Kowloon Court, and the grounds of appeal the conviction was against the weight of evidence during the hearing of the proceed Ings: that there was no evidence, or not sufficient evidence on which to found the conviction, and fast- ly that appellant was not guilty of the offence.

:

BONA FIDE CLAIM

Mr. Williams replied that the omission was immaterial as the defect was not one of substance. Farther, the evidence made it clear what the charge was. His Lordship held in favour of Mr. Williams.

|

GENERAL

RESCUED BY PRESENTATION

BREECHES BUOY

NORWEGIAN SHIP

WRECKED

The story of how they were rescued by means of a breeches buoy set up by a British naval au- their steamer xiliary craft after bad grounded on the North Reef

TO MR. S. H. PEPLOW

With PW.D. For

30 Years

At a pleasant function held at the offices of the Public Works Department yesterday. Mr. 8. H. Peplow. Senler Land Bailiff, was the recipient of a beautiful' can- teen set from his friends in the of the Paracel Islands, whilst Civil Service on the occasion ôf sharks and other marine monsters his retirement. moved menacingly in the mola- tainous sea, was related on their arrival in Hongkong yesterday by officers of the wrecked, Norwegian ship, Produce

The Produce left Hongkong for Bangkok early this month with 58 persons on board, mostly Chinese deck passengers. The other pas- sengers included one European

woman.

"We had an auxious two days and nights on the reef before our distress signals were noticed." said "Huge seas broke the officers.

over the ship and we thought she would break up at any moment'

SEND OUT 5.0.8.

It was impossible to send out any S.O.S. signals as the ship did not carry a transmitting paratus.

Mr. Peplow, who has been with the P.W.D. for-re than 30 years, is leaving Hongkong this

week.

་་

Phe presentation was made by Mr. H. West, Superintendent of Grown Lands, who eulogised Mr. Peplow's work in fine terms.- and said it was with great regret that they were saying goodbye to a genial and popular colleague. It was a pleasure at all times to work with Mr. Peplow, sald Mr. West."

ALLEGED DEMAND

FOR $10,000

Giving the reason "tasz ha man been forced to demand money be- cause of proverty, Chan Yeë-ming, an-19-year-old student who pleaded guilty before, Mr. H G. sbaldon at The British ship, noticing the the Central Court yesterday to distress signals, arrived and set up charge of demanding money with SEEN SPEAKING

a breeches buoy and, by means of menaces with intent to steal, was Continuing his arguments, Mr. this, rescued 37 persons, including sentenced to three months hard D'Almada said the appellant was the Gaptain's wife. All got a duck- labour and recommended · for seen by Sgt. McVey speaking is in the sea, but were fortunate banishment, Sub-Inspector Dar Water Street to L4 Chung who had

to escape the sharks and other kin prosecuted. previously spoken to every hawket.

monster that were swimmmg Chan sent a letter demanding was then seen approaching an

about and which were seen to pro- the sum of $10,000 from a wealthy

In allowing the appeal His Lord- ship said that the trouble began ice cream hawker and something when the magistrate altered the passed between their hands. charge without fully appreciating There was pot a single word in the effect of the change. He add-the evidence which could be used ed that the appellant clearly had in making out a case against the a bona fide claim of right to at appellant even assuming that he least half a share and it had not was a must unsatisfactory witness. been suggested that after she had obtained the money she intended to convert fraudulently.

Mr. Harold Lee, instructed by

Mr. Williams said that the ap-

pellant was not on his proper beat and from the fact that something

passed from Li and the hawker i

was fair to infer that that appel- Mr. Kwan, appeared, for the Plant was asking Li to obtain money pellant while Mr. E. H. Willams from hawkers for him.

ELS Lordship: Is it not fair to

was for the CTOWN.

16

Mr. Lee said that the point at infer too that he was keeping I issue was whether the ticket in under observation?

evidence.

His Lordship: If his conduct is consistent equally with guilt as with innocence, I am bound to draw the conclusion of innocence.

Airport News

SUMMER SERVICE

SCHEDULES

fusion next morning.

The Produce, which is of 1,170 tons, is said to be rapidly break ing up, and salvage operations have been abandoned.

Chinese, Mr. Tweng Tays-ts. Four days later another letter was sent to the complainant, threatening him.

A third letter was sent, 10- ducing the amount to $1,000.

VOLUNTEER ORDERS.

ORDERS BY LT.-COL, H. B. ROSE, M.C., COMMANDANT, HONGKONG VOLUNTEER DEFENCE CORPS

M.G. & LG. CLASSIFICATIONS CQMS. E. Stott, No. 4 Coy...

Stonecutters

April 21 Nos. 2 and 3 Coys. April 21 A Range Nos. 4 and 6 Coys Table D.; B Range No. 6

Kowloon City

11.4.40 16.8.40.

Pte. J. H. Woodler, No. 3 Coy.. 15.4.40--30.4.40.

Gar. H. G. Stewart. 2nd" Bty., 16.4.40-26.4.40.

Pte. K. W. Forrow. "Air Arm.,

April 28 No 7 Coy. B Rrange. 28.4.40-17.5.401 Table D

2nd Battery April 28 Peak Range. 8.30 a.m. Table A for O.RS. who have not fired.

3rd Battery April 19 Wellington Bks, 5.15 p.m. D.EL. Section.

4th Battery

question was the sole property of Mr. Williams replied that appel- į Gog. Table C. the appellant or whether the res-ant had not said so when giving pondent had half a share in it.

·FRAUDULENT CONVERSION The appellant was originally charged with fraudulent conver- sion of $1,500 which was the full amount of the share. The magis- trate, after hearing the evidence. for, the prosecution, decided" that the testimony given could not pos- sibly support the charge as it then stood and proceeded to amend it to fraudulent conversion of $750 and on this amended charge he

"In the Summer Schedules the convicted the woman and ned her $25,

transit time between Europe and to be reduced by The facts as given by the ap-Hongkong is pellant were that prior to leaving one day.

The days of departure from the Colony in September last with her employer, she gave 310 to the Hongkong will remain as at

sent. namely, Wednesday. and respondent with the request that the latter should purchase sweep tickets on the Kwangtung Handi- cap Sweep in October, On her return she was given some tickets

The first service operating to among which were the winning the new schedule is due to arrive! On the night after the race, the in Hongkong on Wednesday, April

ticket.

Sunday.

pre-

The days of arrival, however, will be Wednesday and Saturday, instead of, Thursday and Sunday.

24.

respondent approached the appel-

CLIPPER DELAYED lant and informed her that one of

Pan American Airways Call the tickets had won the prize but formla Clipper, which was due at that the name on the receipt had Kai Tak yesterday, has been de- -to be changed. As a result, the

layed and will be arriving today appellant handed the whole bunch at 2.30 p.m. She will leave to- of receipts to the respondent who i later went to the house of one

morrow morning.

IMPERIAL AIRWAYS

April 19 Queen's Pier. 5.30 p.m. Returning 8 p.m. No, 1 Gun-"A" Rellef, B...C. Staff "B" Relief. D.EL. personnel Dress-SD: cap. overalls, gun platform shoes.

CORPS SIGNALS April 19 H.Q. 5.15 p.m. Sizna! training.

MOBILE COLUMN Armoured Car Platoon April 19 H.Q 5.30 p.m. All Clusses-L.G. Instruction.

Motor Machine Gun Platoon April 19 HQ. 5.30 p.m. N.C.O's Promotion examinations:

NO. 1 COMPANY Apr 19 (1) Remainder of No. 1 Sqaud H.Q. 5.30 p.m. Promotion examination. (1) No: 5' Squad, H.Q. 5.15 p.m, for Kennedy Road. Remainder. H.Q. 5.30 p.m. as Company programme.

Pte. L. A. Lewis, ABC. Coy.. 12.5.40-3.7.40.

Pte. W. A H.. Duff, No. 1 Col., 1.6.40-30.11.40.

L/Bdr. G. H. Cautherly, 5th A.A. Bty.. 27.3.40-26.5.10.

STRENGTH-DECREASE L/C. G. Abraham, Field Ambu- lance, 11.3.40.

Fte. R. A. Carroll, A.8.C. Coy.. 27.3.40.

Gnr J. Kwok, 4th Battery, 29.3.40.

Gai H. S. Ip, 4th Battery. 29.3.40.

Pte. V. E. Ferrier, A.8.C. Coy.. 29.3.40.

Gnr. F. Simonsen, 3rd Battery, 11.4.40,

Pte. T. Y. Chiu, No. 7 Coy., 14.40.

STRENGTH-INCREASE

Gnr. W. Lee, 4th Bty., 29.3.40.. Pte. R. A. Boyd, No. 3 Coy.. 8.4.40

Pte. W., J. Bagley, Stanley Platoon, 9.4.40.

Pte. V: A Novikov, Mob, Colim.. 8.4:40.

E. N. Thursby, Captain. Adjutant, HKV.D. Corps. AFFILIATED UNIT Nursing Detachment, H.K.V.D.C.

The next lecture in Home Nar- am. LG. Classification Table "D".sing will be held on Friday, April

NO. 4 COMPANY' April 19. HQ. 5.30 p.m. LG. L.A. April 21 Kowloon City Range 9

Wong Ah chat from whom the ap- The Imperial Always plane All those who have not already 19. at 5.30 pm. In the St. John's. pellant subsequently received back with the London Mails of April 10 fired. the winning receipt.

is also expected this afternoon

member

Cathedral Hall.

The undermentioned FIELD AMBULANCE April 19 St. Paul's College. 5.30 was attached to the Military Hos- pital, Hongkong during the period p.m.

PAY SECTION

shown: Mrs. 8. H. Langston, April April 19 Command Headquarters 1-15. (not Vol HQ3 5.30 pm. N.Ó.O'E Strength-Decrease: Miss H. Brc- Charles Onslow, 40, unemploy-detailed by O.C. Unit. Practical wer. April 3.5

The following day, the division and will leave with malls for of the prize took place at the home on Sunday. Hongkong & Shanghai Bank, The appellant received her share of

$1,500 upon presenting her receipt. and in the evening the respondent

ONSLOW GAOLED

saw her and then claimed halted, was sentenced to four months' work on Soldiers' accounts.

share of the prize.

QUARRELS FOLLOWED

This was the first time the pellant heard of such a thing, Quarrels ensued and some days

hard labour by Mr. R. Edwards at

APPOINTMENTS AND PROMOTIONS the Central Court yesterday when he was found guilty of having Bdr. A. J. Macfayden 2nd obtained $30 from Leung Cheuk, to be Berst., 8.4.40. master of a fish atall in the Cen-

"

Will all members who were issued with Uniforms for Eospital training please return вате promptly, to VOL HQ, with the Ety-sender's name clearly marked on

the parcel.

Bdr. N. J. Bebbington 2nd Bty.

All enquiries regarding uniform, tray Market, by falsely pretending to be Sergt.; 8.4.40.

text books, etc. should be addresse later the respondent made a report that he had been sent to collect

Gnr A. M. J. Wright 2nd Bty.ed to Mrs. V. Bimon White, Quar- to the Police and bad the ap- the money by Mr. Taylor, of the to be L/Bdr., 8.4.40.

termaster sither at Vol B.Q, or 14, pellant arrested,

L/C. J. F. Rush, Fd. Cay, Engs. The Peak, Telephone. 29092. Counsel finally submitted that Imports and Exports Department.

on Mar. 30, and on an alternate to be Corp), 11.4.40. the respondent's uncertain and in-charge on demanding the money. consistent assertion of ownership . He was also found gulity on a first saying that the appellant third charge of demanding a sum bad half a share and later claim of $3 from Leung. ing herself, as the sole owner-

showed that her evidence could

-not- be relied upon...

His Lordship.commented that is

to be L/Cpl., 11.4.40.

Spr. J. M. Wilson, F. Coy. Engs.

J

Spr. T. A. Warnes, Fd. Coy. Engs..

BODY OF MAN

to be L/Cpl., 11.4.40.

Det-Bergt, Cullinan prosecuted.

Bpr. F. J. Neill, Fd. Coy, Engs.,

would have been better if the that the defence had not raised Magistrate, after amending the the point.

charge, had recalled the witnesses His Lordship: “It is an impor for the prosecution for further tant point for, in amending the cross-examination. It did not ap-charge to fraudulent conversion of near that the defence had been only half a share, It establishes given such an opportunity to do that the appellant had a bona-fde |

claim.But as Mr. Kwan did not

90.

Mr. Williams said he was also take up the point then I do not sprprised at that, but pointed out propose to do so myself.

to be L/Cpl, 11.440.

IN ALLEY

The body of a man, believed to

Bpr. E. G. Humphrey, F. Coy. be a cat burglar, was discovered Engs, to be L/Cl. 11.4.40.

"

-TRANSFERS

Gar. E. J. Cruttwell from 2nd Fty, to No. 1 Coy. 12.4.40.

L/C. K Crawford from Armd. CPL to Mob. Col. FLQ. 13,4.40;" -

KA Kalzinhy from Mob. Col. HQ. to M.M.G. Pa. 12.4.40.

LEAVE!

at 4.30 am. yesterday in an alley between Nos. 331 and 333 Hennes- sy Road.

A jacket, stolen from the arst. address. was found hanging from an awning between the two 'build- Ings.

.

It is believed that the man must have "missed"; his footing.in, at- L/Bdr. P. F. Cathrew, 5th A.A. tempting to jump across the Bty., 16.3.40-+31.5.40.

space between the two buildings,

LANE

FRIDAY, APRIL 19, 1940. -PAGE 5

ELIZABETH ARDEN'S

FAMOUS

ARDENA MASQUE

One of the most successful of

Elizabeth Arden's Treatments--

It clears a muddy or sallow

skin, tones and refines à coarse

An excellent

and blotchy.one.

preparation for the skin inclined

to oiliness,

Give your skin ARDENA

an

MASQUE

Treatment and see the results.

CRAWFORD • LTD.

The House of Inality & Service

725792525252

PERFUMERY, DEPT.

Tel. 28151.

The Cup that Cheers- Strengthens Nerves,

and ensures

Restorative Sleep

ITS wonderful what a difference. "Ovaltine' can make

to your outlook on life. This delicious tonic food. beverage will build up the sound, healthy nerves which keep you cheerful and confident. Moreover, it, is the world's best nightcap för ensuring natural, saargy- creating sleep.

The exceptional perve building properties of "Ovaltine' have been demonstrated in many scientific tests. These properties are largely due to the fact that it contains lecithin a valuable nerve-restoring element, derivad from the new-laid eggs used in itą manufacture. NO TONIC FOOD BEVERAGE 18 COMPLETE WITHOUT EGGS

As a bedtime beverage, too, Ovaltine" has unique advantages, A&-year series of scienti He tests showed that "Ovaltine" taken regularly at bedtime, cut down towing and turning and gare a feeling of being "better rested" in the morning,

KOVALTINE 18 ENTIRELY FREE FROM DRUGS.

Drink delicious

Ovaltine

and note the Difference

in your Nerve-Strength and Outlook

Distributors--JARDINE, MATHESON & CO., LTD.

ASCIST