1941-06-10 — Page 8

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PAGE 8-HONGKONG DAILY PRESS

UNREASONABLENESS FUNERAL OF MRS.

NOT MADE OUT

“ -"

CONVICTION FOR SALE OF FOOD

ON JUNK: APPEAL FAILS

G. B. BULLOCK

Large Attendance: Many Wreaths

The funeral of Mrs. Gladys Beatrice Bullock, wife of Mr. Harry Bullock of the Asiatic Petroleum Co. (S. C.) Ltd, who died at the War Memorial Nursing Home en Sunday, took place at the Colonial Cemetery yesterday.

Stating that he had no hesitation in coming to the conclusion that the bye-law was notˇultes-vires, nor was 'it unreasonable, the Chief Justice, Sir Atholl Macfiregor, at the Appeal Court yesterday, dismissed an appeal against conviction, brought by WONG CHEUNG. It will be recalled Wong was found gulity and cautioned by Mr. H. G. Sheldon, K.C., at the Central Magistracy on April 21 ́on a summons brought by the Health Department for selling and ex-gates of the cemetery, the casket posing for sale cooked food for man usually sold or exposed for gale ready for immediate consumption on a Class II junk, No. 1855W, at Aberdeen harbour. on Mar. 8 without a licence from the Urban Council.

Appellant was represented by No. 1 the acts alleged and proved Mr. F. H. Loscby, and Mr. M. J. by evidence, against defendant are Abbott, Crown Counsel. appeared not unlawful; on behalf of the Crown.

On arrival of the hearse at the

was borne to the grave on the shoulders of Messrs. R. Young. E Ells, J. Harrop, Newton, FL Thomas, N. Spence, W, G. M. Wil- son and R. J. K. Walker.

The chief mourners were the

GENERAL

CONVICTIONS QUASHED BY APPEAL COURT

Submissions by the Hon Mr. Lee D'Almada, Jur, that the pro- secution had failed to establish that there was intent or mens res on the part of defendants were upheld by the Chief Justice, Sir Atholl MacGregor, at the Appeal Court yesterday when be ordered

that the convictions against Lai Yuen-chu. Junk master, and Lo Siu-kuen, steersman, for attempting to export petrol from the Colony, de quashed.

They were convicted by Mr. D. J.,"

WAS ENGAGED N. Anderson at the Kowloon Ma- gistracy on April 22 with doing

Mr. D'Almada pointed out that first defendant,

evidence, act preparatory to the com-stated he was engaged to carry the mission of an offence against an petrol to Cha Kwe Ling and did order made by the Trade Control-not know what was to be done un ler ander Defence Regulations by having on board their respective portation he had engaged second

there. For the junks 3,700 and 3,000 tins of petrol defendant's junk. for movement in the waters of the Colony outside the harbour round- aries without a licence.

They were each fined $500. (2) that bye-law No. 1 is in-husband, Mr. & Mrs. W. (T. Tomiin father and mother), Mr. & Mrs. and Mr.

Mr. Loseby said that defendant valid: (a) being in excess of the was convicted on a charge lald statutory power authorising it, or under bye-law No. 1 of Ordinance (b) being repugnant to the slatu- 13, 1935, which he submitted could tory power authorising it, or (c) have only one interpretation and being unreasonable, or (d) being that was complete prohibition of repugnant to the general princi- the sale of cooked food other than ples of law; at a place under licence-an eat- ing house, restaurant, hotel or a hawker's stall. The sale of a meal anywhere else was prohibited

(3) the conviction was wrong in law, and.

(4) not guilty of the offence.. THE BYE-LAW

D. Lyon, Mrs. Farrar Anderson.

Among the large attendance were Messṛa, L. A. R. Duncan, R. For- test, D. F. Hughes, G. A. Hughes,

arrival

trans-

TUESDAY, JUNE 10, 1941,

LAMMERTS AUCTIONS LAMMERTS AUCTIONS

PUBLIC AUCTION. PUBLIC AUCTION.

Instructions from The Marshal

instructions

THE Undersigned have received THE Undersigned, have received in Prize, Supreme Court,

to sell by

PUBLIC AUCTION

Saturday, the 14th. June, 1941. commencing at 10.30 am.

Mr. D'Almada submitted that

at The Holt's Wharf, Kowloon. the learned magistrate in coming 909 pieces Round Bars to his decision in the case was

1 Lot Pig Iron (about 200 tons)

Mr. M. J. Abbott, Crown Coun-acting upon grave suspicion and 204 bags Paratin Wax sel,

We for the Crown. ·Mr. D'Almada was instructed by Mr. H. L. Kwan.

no more, and submitted that the conviction should be quashed.

The evidence, Mr. Abbott said. given undoubtedly the magistrate that

Was

Mr. D'Almadu said that the ap- which peal was based on the grounds showed to

L. M. S. Loyd S. L. Lloyd, G. M. that the conviction was against something very peculiar was going Park, A. M. Silva, G. Thompson. the weight of evidence and or

C. M. Victor, V. M. Xavier and R. secondly, that there was not suffi- The appeal was allowed and his Young.

cient evidence whereupon to re-Lordship ordered that the fines be turn a conviction.

refunded.

Terms: Cash on Delivery.`

For Inspection orders apply to

to sell by

PUBLIC AUCTION

Wednesday, the 11th. June 1941. commencing at 2.30 pm"

at their Sales Room, No. 1, Con- naught Road, Central, 2nd Floor.

A QUANTITY OF VALUABLE HOUSEHOLD FURNITURE

comprising:

Teakwood Bedsteads, Wardrobes, Dressing Tables, Sideboards, Dinner Waggons. Dining Tables, Chairs, Desks. Ice Chests, Bookcases, Orna- "

LAMMERT BROS..ments, P., Braas, Glass and Por

AUCTIONEMES.

THE WORLD'S MOST NOTORIOUS BANK ROBBERS

received

celain Ware, Electric Table Fans & Lamps, Gramophone & Records, etc., etc.

also

A QUANTITY OF BLACKWOOD FURNITURE,

comprising:-,

Chest, Teapoys, Curio

and

THE WREATHS He submitted that the bye-law

The bye-law referred to, bye. was unreasonable and a bad one. law No. 1 of the Public Health sent among which were those from There was a profusion of wreaths For example, if a person held a (Food) Ordinance 13 of function in the open air or on the states: "Except under and in ac-Dad (father-in-law), Phyllis, Sam Spradberry, Kay & Bob Young. Wrexham, Miss O, Archangelsky, 1935. Harry (husband), Mum and Dad. Nat Spence, Barbara & Charlie W. G. M. Wilson, Mr. & Mrs. R. M. waters and sold a cup of tea or acordance with a licence granted & Valerie (Sister), Marjery & Vic Dorothy & lan MacRobert; cake he committed an offence un-by the Council for a restaurant, or (Sister-in-law), Ena. &

Mrs. W. M. Stratton: der that bye-law.

eating house, or for a hawker's 1 (Sister-in-law), Freda & Douglas & Mrs. R. C. Budden and family ming W. M. Bпwn, D. B. Duncan, E. L. According to a report

Harold Mr. & Mrs, J. K. Bousfield, Mr.

Mesers, J. E. Anderson, Au Chiu- REGULATE SUPPLY

food stall issued under Ordinance (Sister-in-law), Grandad, & Win Lt. Col. & Mrs. H. C. Dawes, Mr. Groome, J. B. Harrison. J. Harrop, from Oslo tate in April, the Ger- Carved Blackwood, Bed, Bide- The Chlef Justice tald Mr. Lose, No. 22 of 1935, no person shall sell Auntie Edle & Uncle Ted, Uncle & Mrs, A. A. Evans, Mr. & Mrs 8 F. Lane, W. Lawsan W. Batthews man occupation authorities have board Settees, Tables, Stools, JOBS by that his arguments were that or expose for sale any article of Ned. Auntie Ida & Uncle Harry. R. Fowles, Mr. de Mrs. RR. H, Murray, D. B. Nelson, K. B. now plundered at least two billion Table, the regulations were unreasonable cooked food for man usually sold Auntie Harrie & Uncle Syd, Auntie Forrest, Lt. & Mrs. G. J. Abaten Nelson, W. Organ, John Oswald. (2,000,000,000) "crowns and. if strictly enforced, would re-

from the Cabinets & Stands etc., etc. gulate the supply of food on board mediate consumption, Such licence Uncle Stan. Joan & Sonny, Mary & Mrs. Hodder, Mr. & Mrs. P. R. Rumjahn. E N. Sanguinetti Ltimes as

or exposed for sale ready for im-¡ Hilda & Uncle Ed.. Auntle Fulda, Grey, Mr. & Mrs. Stan Hill, Mr G. M. Park, G. A. Payne, S. A. R. Bank Norway.

: This is "four any passenger carrying vessels and shall be in addition to any licence

much money as was asked Mr. Loseby whether he could issued under the Liquors Ordin- & Terry. Auntie Susie & Emily

Holloway and family, Mr. & Mrs. Smith (Manila), C. A. Tester, F. Lspent in normal times for the en-1 Perambulator show any authority to say that fance, 1931."

"Chins". Frank & Marjorie, Ina Hospes, Mr. & Mrs. W. A. Johnson, Thomas, G. Thomson, L. B. Wood, tire governmental budget of Nor-1 Radio-gram & Digger, Maud, Mary & "Bet"Mr. & Mrs. Kong Yuk-tong Mr. G. C. Worrall:

way for one year.

2 Radio Beta General Manager & Staff From reliable sources It is also Nina, Peggle, Vivienne Blackburn, & Mrs. Emile Landau. Mr. & Mrs. Betty & Lolly Goldman. Eileen & A. Langston, Mr. & Mrs. G. A. Leiper, A P. C.; Lady Members, A. P. C.; reported that this systematic 2 New Canvas Canoes

Mr. & Mrs. S. L. Lloyd, Mr. & Mrs. Account Dept. A. P. C.; Branch stealing of ready cash from the case were not disputed. He Mr. Tam Tsun and Wong Tong.

A. Menti, Mr. & Mrs. J. S. Morgan, Office, A. P. C.; Shroffs & Cash Bank's vaults is proceeding at the thought it was right that the ma-founders

Ilve to six million Mr. & Mrs. J. Ormiston, Mr. & Mrs. Ledger Section. A. F. G.; Statistical rate of from" gatrate at the lower Court held Kowloon What

People may borrow P. K. M. Patten, Mr. & Mrs. G. R. Dept. Stocks, & Stationery, A. P. c.; crowns each day." unreasonableness was

not School. are planning to start a books from the library and return Ross Mr. and Mrs, F. Rossini, Mr. & Che San & Co., Wayle & Co.; E. K made out

The appeal was brought on the education.

cireult library in aid of popular them after reading.

Mrs. J. M. A. Rumjahn, Capt. & Mrs. V. D. C. (1st. Battery);

Near Mr. Y. W. Wong, General Mana W. J. Scotcher, Mr. & Mrs. W. A.

Section Commodore's Service on the Moscow-Alma Ata following grounds:--

Their plan is to provide three ger of the Commercial Press, has Steward, Mr. and Mrs. S. Strange, Omce;

Naval Writer's Section, sector of the Sino-Soviet Airline (1) on the true interpretation of tri-cycles loaded with books which promised to give several hundred Mr. & Mrs. Tse Long-sal. Mr. & Commodore's Omice; and Chinese which was suspended recently was Ord. No. 13 of 1935 and bye-law will make rounds of the streets copies of books to the library, Mrs. S. C. Walker, Mr. & Mrs. Clerk Staff, Civil Secretary's Office, resummed on June 3. -- (Central). ⠀

thebye-law was bad on the ground.of unreasonableness,

Dismissing the appeal, his Lord ship said that the facts of the

HONGKONG TO HAVE CIRCUIT LIBRARY

of the

Refugee

Hongkong-

Children's every day.

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