1931-10-01 — Page 7

Hongkong Telegraph 港電新報 士蔑新聞 All

THE 'HONGKONG

H.K.F.A. AND WITHDRAWAL OF THE SCHOOL CASE TO

CHINESE CLUBS.

(Continued from Page 1)

26th and 4.30 p.m. Under the clrcumstances. This asunciation will not be able to place a team In the fold in the Club v. S.C.A.A. match."

This was repudiation of Mr. Kwok's letter naking for permis- alon.

"Utterly Ignored.”

Athletic clubs are sfilated. The S.C.A.A. na one of its members munt net in accordance with its instructions. The_match__is un) "oficial match" no far as Chinese Sports are concerned,

"Whether the KCA:A.F. had or had not the opportunity to con nuit-or should or should not have consulted the I.K.F.A. is a matter between these two bodles. "It is obvious that by H.K.F.A. not granting, the request

ly said Mr. which destron to

the

BE REHEARD.

BAIL FOR MASTERS REFUSED.

CHARACTER ISSUE.

TELEGRAPH

THURSDAY, OCTOBER

1971

BUILDING CASE DISMISSED.

LEGAL ARGUMENTS AT · RE-HEARING.

CASE NOT PROVED.

RADIO

BROADCAST

CHINESE CONCERT FROM STUDIO TO-NIGHT.

The radio programme to be broad- cast by Z. B. W. on a wavelength of 355 metres to-day la;

6.00-8.00 p.m European pro- cards kindly supplied by Mosers. An- dorson Music Co.

The fallure of the prosecution to There was an celo at the Kow-produce a signed document rent to on Magistracy before Mr. Fenner the Building Authority resulted in this morning of the case in which a summons against Leung Wing-gramme of Columbia and Regal re- two Chinese school-teachers. one yuo, summoned as agent of the a headmaster and the other an

owner of 348, Queen's Iload Central,

morning.

"The II.K.F.A. Has been utter for postponement, the S.C.A.A Chee "and as the Couxeil has been an-bath bodies, will be placed in the wor 2035 and Girls' School, who Schofield at the Central Police Court pentence to six months' and the summons accused the defen pointed by the various cluba - in impossible position having one year's hard labour respective membership of the Association to either to defy the H.K.F.A. or the ly yesterday. foster football and to uphold the II.K.C.A.A.F. I feel strongly that rufen, the subsequent action of the the H.K.F.A, should not act lightly Chinese clubs in difficult to under-In placing one of its members in stand...

ael an embarrassing position and "It may possibly be they have should grant the request for found they cannot serve, two pastponement)." musters-the H.K.F.A. and the

~ ILK.C.A.A.F. However, the HK.

A Misunderstanding.

F.A. is the governing body of Mr. Woe's comment revents football in this Colony, and enn-charly the. misunderstanding not submit to

such treatment, existing in the minds of Chinese We have been utterly ignored. I soccer fenders, and if they can be feel sure that nil the members of brought to recognise this mis the Council (no doubt with the ex-understanding. i feel sure that ception of the Chinese) will up

hold our view.

mes can be found of smoothing matters over and adjusting the differences without any sacrifien (of principles.

Afr. F. C. E. Rendall appeared on behalf of the convicted men and applied for in re-hearing an grounds of fact and law. In the case of the assistant teacher, who was convicted of writing charac tern on a black-board which wore likely to create a

a disturbance. Mr, MF: Rendall said this man had stated in evidence that he had copied the Characters from a Chinese newn- paper. The sentence on the board looking at those characters only. was not complete, and nobody could say what the ending of the sentence earld be. If that news paper had been published, there must be other coples of it in existence. He would attempt to

Unavoidable.

Regrettable Shantion.

It has been clear for a consider-produce a copy, "In my opinion, the H.K.C.A.A. F. or the clubs concerned, haveable time that Chinese sporting Mr. Rendal argued that therm shown a great lack of tact and circles, and rightly so, are keenly had not been sufficient evidence judgment which is only to tealous of the authority of the for his Worship to consics. regretted when things could inese Amateur Athletic Federa- mannged so vasily and smoothlyon Mr. Wong's comment dia- by goodwill and co-operation, closes the thought or suspicion

In the case of the headmaster. that

been that authority has

was convicted of being in "Find application beert made threatened by

H.K.F.A. who the through proper channels for Sonth

Tie

the DORACANion of certain documents, whether qacations China's players to engage in the 1.K.C.A.A.F. should consult the Mr. Bendall said if letters were Maleyan and Hongkong Chinese 11.K.F.A. when the H.K.F.A. has sent to him, he could not avoid such receiving them, unless he went to

the Postmaster General before recognises that the

lettern much

dant of having carried out certain work to the staircase of 348. Queen's Rond Central without a permit from the Building Autho rity. His Worship originaly dia- missed the summons on the ground that the prosecution had not dia- approved of plans which had been submitted within the 28 days mentioned in the Ordinance, but later decided to re-open the case on the grounds that the letter of disallowance was sent within 28 pretation Ordinance. days in accordance with the Inter-

BO

defendant and at the last hearing Mr. M. K. Lo appeared for the submitted that, as there was evidence before the Court that the defendant had algned on behalf of the owner, he could not be held re- sponsible merely as the agent for

the owner.

Me. T. S. Whyte Smith ap

peared this morning to conduct the саде for the prosecution. He anid that he understood his Worship was satisfied on the other points that the prosecution had proved their case, apart from the question of the 28 days.

H Worship pointed out that there was the further point raised

not proyed its case by failing to put In the original certificate applying for the work to be allowed.

match, I have no doubt that per- neither asked nor expect hand, and told him not forward | by Mr. Lo that the prosecution had

mission would have been granted consultation. and the aid of the Association offer believe.

followed naturally. There could have been no trouble at all.

tend.

You there-

The

addressed to him or to the

Mr. Rendall would also bring witnesses Lo show character. which must enter into cases of that nature. He said he saw in

Alr, Lo's Case.

Mr. Lo anid that the way he put

....

an

ed if necessary. The postponement Federation's interests are of the league game would have wider than those of the H.K.F.A. School,

The H.K.F.A. might be prepared where ta co-operate

their respec- "On Saturdng Inat, the Hon. tive interests happen to clash as Secretary of the 11.K.F.A. was in they sometimes do, but certainly the newspapers a boy was convict-it was that although his Worship formed by the 1.G.P. that the au- does not, as far as I am aware,

had decided to re-open the case on thorities regarded it as desirable expect the Federation to ask its ed by a Police Magistrate in con-

at Wanchal, his own motion, and not on a football nexion with the riots in the pubile interest that all permission to arrange

and was bound over because he application by the prosecution, on football matches, Saturday and match.

had previously barne 11 Sunday, should be cancelled.

good certain point under the Inter- enn imagine my surprise,

What H.K.F.A. Does Expert. character. Yet in the next Court,pretation Ordinance, it was quite man was fined $30 for putting within the province of the defen- fore, on reading » description of What it does expect is that

up a poster which was not in any dant to urge that his Worship's the Hongkong Malaya match in when registered I.K.F.A. players way inciting at all. Therefore, original decision was sound and the newspapers, 1 feet sure that are requicated เด engage in such said Mr. Rendall, evidence of Justified: and the way he (Mr. had the distinguished guests of games, the club to which they character was important.

Lo)

argued was that on the the ILK.C.A.A.F. been aware of helong shall firat formally seek the After hearing Mr. Rendall's material now before the the circumstances now revealed. Council's

Court, If it were argument, his Worship agreed to there approval,

was no evidence to show they would have hesitated before only a matter of courtesy on the re-open the cane insofar as to that the defendant was in fact accepting the invitations to at part of the Chinese clubs, courtesy allow Mr. Kendall to produce the agent and the man who signed ents nothing, but it is also a great copy of the newspaper which was the notice. The case must, there- deal more. Rule 12 places certain alleged to have contained the fore, fall to the ground. limitations

upon the freedom of en

of sentence,

Mr. La remarked that he "As to the final issue,

of character. is thought his Worship was going to seems to have some part in the derine cases out of ten the proce- Worship fixed the case for re-give a decision on that point this

which inyers and clubs and though in bring evidence of, and to cision to break away from the dr

dare under the rule is a mare

Ball Refused. H.K.F.A.. the failure of the Ser formality, on the tenth occasion hearing for Wednesday morning

His Worship mentioned that ma Raising the question of bail. Mr. Whyle Smith was appearing vices to meet the Malayan Chin-it might be considered vital to ese, the true

prohibit. Mr. Rendall said the first defen- for the prosecution, he might want are these foothill interests facts The Services were

approached Hence the necessity of insisting dont was the headmaster #1

to say something on the point. directly through the Sports Of. | "P99

A Nel-school which had over BUD hors in Mr. Whyte Smith said he

would single instance its register. In an institution of have expected that the notice was cers by South China A.A. or the soulag eye in I.K.C.A.4.F. it is unt quite viral would create a dangerous prece-that dimension, it was necessary part of the evidence in the case,

headmaster which and the reply agreed to deaf.

for the

make it was evidently admitted that Ka-tsun Wong Chinese provide a team if the

Mr.

really arrangements for the time of his such a notice had been received. granted a 25% share of the gate. being flared in the impossible

believes think the S.C.A.A. - were | absence.

It was never argued that the The Police demurred against service of the notice had not been approval Position of either defying the ball, inspr. Clark saying that it wiren. He thought his Worship {

B.KF.A. or the_H.K.C.A.A.F. was only a few days before the was H.K.F.A.

entitled to assume it WOR did not give approval for

The defendant would be brought given. He did not think that his that is not quite true. simple reason that it was never

the mistake seems to have arisen from again.

putting it in would be giving of the It was intimated

the misunderstanding

that applied for, und the Services

additional evidence. H.K.F.A, requirements. South Reverend F. Short was looking)

сега

Services Match.

admitted Service men in uniformi free and btained the of the H.K.F.A.

alde."

The

1.But

Lo

its observance,

H

10

therefore declined to turn out a China should have naked permission after the school at present.

for their players to play on Satur- They did not and. 1 ani in the wrong. done so, permission

The altitude of the Association day.

is quite clear. They are, and have afraid they are at all times been, anxious to co- operate in matters of this kind, would have been forthcoming and

Had they Mr. Ormiston and other members the league postponement would

of Counell have frequently gone have followed inevitably.

out of their way to be helpful.

But there are certain formalities

to be observed if organised foot-

formalities.

At Crosspurposes.

By

Cause

ball is to be reasonably controlled, It comes to this. The H.K.F.A. and in this instance it seem to were insisting upon

one thing have been thought fit to omit the South China A.A. thought they were insisting upon time for

felt Renuinely The Chinese Side.

grievance. Had the true facts Teen entirely

they suppo Now to the Chinese side of the such drastic stops as have question. I have talked the dis taken might have been justified, pute over with gentlemen pro- but my reading of the situation minently connected with the de-is that those concerned have been fecting clubs and have tried, with at cross-purposes, and I am con- no very marked success, to appre- vinced that If the issues clate, as well as understand, their rationally talked over, alther at a point of view.

meeting arranged between the Council and the Chinese Clubs, or The main sccusation is that the some such avenue for a frank dia H.K.F.A. has been too autocratle. cussion rendy Rolution could be

Malayan-found,

It is argued that a

sufficient

Ilongkong Chinese interport

Kame,

ance

tion had

of

were

A Round Table Conference.

import- to permit IL.E. the

In essentials, it is a very small Governor to accept invita-matter. It has developed sorious-

An tion to attend, should have been ly because important principles recognised

"permissible" me become or have appeared to match whether or not formal sanc. become involved. It is quito clear,

been

Bought.

The moreuver, that no solution is pos- H.K.F.A. should, it is contended, nible if a sacrifice of principles by hayo

overlooked the act of either side is required. But I do umission because of the "obvious"not think Buch sacrifice is importance of the match to the necessary. A definito misunder Chinese.

standing seems to underlie the trouble and there is reason to be- that a "round table confor-

would clear up matters.

to all concerned. It a great pity if offort ment Committee, in a comment was made to reach an amicable upon the views of his colleagues settlement at the earliest possible on the Committee.

moment and it would be à happy "The interport match." he says, gesture of goodwill for the Chinese *was arranged by the H.K.C.AA.. clube to take the initiative.

Typical Viewpoint,

A typical viewpoint is that expressed by Mr. Wong Kn-tsun, a member of the Lengue Manage-

which I understand is the control- ling body of Chinese Sports in this Colony and to which "all Chinese

be a

no

Saturday's Fixtures. Meanwhile, the League has been

DR. WANG RESIGNS MINISTRY.

OWING TO HIS PRESENT STATE OF HEALTH.

Nanking, Sept. 30.

Plending that his presont state of health hinders blm from per- forming efficiently his duties at a time when China is confronted by great national crisis, Dr. C. T. Wang resigned this morning.

Chiang Kai-shek, in regretfully years of excellent and meritorious necopting, atates, "after four

service the Foreign Minister will have an opportunity to rest."

Dr. Alfred Sze is to aucceed Dr. Wang, and Mr. Frank Lee carrying on until Dr. Sze's arrival from Europe. Reuter.

18

forced to re-arrange the fixtures for Saturday as follows:

Senior Division (4.30).

mode

5:00-5.30 p.m. Orchestral. Waldtaufel Memories-Fantasin

(Finck).

4

Herman Flack and His Orch, 1830. The Damask Rose-Selection (Chopin-Clutsam).

Court Symphony Orchestra, DX24. Silhouettes (Arensky)—The Dreamer

IntroductionLa Coquette.

H. G. Amers and the Eastbourne Municipal Orchestra. 9740. Fifth Symphony-Adagiqtto (Mabler). Willem Mongelbarg conducting the Cancertgebouw Orchostra. L1798. 6.85-0.05. p.m. European children's programme, from the studio. 6.05-6,47 p.m. A Concert. Violin Sole-Rondino (Benthoven-

Kreisler).

Violin Solo-Song of India (Rimsky-Korsakow).

Yvanovitch Bratza. 4823. Song-The Songs My Mother Bang

(arr, Grimshaw;. Song-The Korry Danes (Molloy).

Doris Vano (Soprano). DX157, Piano Solo-Impromptu No. 2 in A

Flat (Schubert). Plano Solo-Impromptu No. 4 in F

Minor (Schubert).

Ethel Leginska. 9478. Bong-So We'll Go No Mero

A-Roving (Byron-White). Song-The Devout Lover (Pollock-

White). Deania Noble (Baritone), DX248. 'Cello Solo-Adagiotto (Bizet arr.

Squire), 'Cello Solo-Tarantelle (Popper).

W. H. Squire. ́L2371, 7.00 p.m. Stock quotations; mail notice.

6.47-7.20 p.m. Variety. Band-My Cavalier. Band-While the Tange Moans.

-

Voen Duct-Wabash Moon.

Eldorado Tango Bund. MR336.

Vocal Dust-The Little Old Church in

the Valley.

Sweet and Low. MR360. Hawalian Orchestra-Oh! Rosalita. Hawaiian Orchestra-Hawallas Stars

are Gleaning,

Linn Milford and His Hawaitan Song-At the End of an Irish Lane.

Players. MR349, Song-My Irish Song of Songs.

Cavan O'Connor (Tenor). MR857. 7.20-7.38 p.m. Pianoforte Soloa.. Julish Medley (Grainger).

Porey Grainger. 60129-D. Old Vienna (Schubert-Friedman).

Ignaz Friedman. 12107. 7.38-8.00 p.m. Light Opern. Tom Jones-Selection (German).

Reg. Band of H. M. Grenadier Guarda. 9297. Morric England-Vocal Gems (Hood-

German). Miriam Licette, Clara Berena, Francis Russell, Dennis Noblo, Robert Carr and Chorus. 9893. p.m. Local time; weather

8.03-10.30

studio concert.

report 8.00

Chinese роль

10.30 p.m. Rugby mid-day press-

HOW..

10.33 p.m. Close down.

Court all about it.

Mr. Lo said that, whilst they were both standing, they had to stand or fall on what evidence there was that Schedule K was signed by the defendant It did not matter what verbal evidence had been given by Mr Best

are -not necessarily

Mr. Lo:-Well,

Nothing New. Continuing. Mr. Whyte Smith suid he understood his Wor- ship had held the cuse proved And it was only later that

Mr Whyte Smith:-1 think my the point of 28 days was raised. friend will agree that your Wor

he did not say that his ship's notes Although he Worship should necessarily allow

Overbatim. Borts of extraneous evidence to be brought in, the production of the notice would not be bring

rin the notice concerned) had been ing in anything new. Schedule K kiven in evidence verbally and if his Worship had accepted verbal evidence of it without insisting on its production, he thought that it was quite valid..

that at the first hearing the defen

.... His Worship remarked to Mr. La dant had answered the summons and did not deny responsibility In any way.

Over

that's all the

evidence we have to go by, even in

Court of Appeal.

Mr. Whyte Smith remarked that the document could not be too rigidly adhered to because Mr. Lo might ask him to prove that the ignature was the signature of the defendant, and they could not do that.

A certain amount of latitude.

Mr. Lo-Don't refer to it. It isn't in, and you must not refer to It.

Mr. Lo said he was sure the

Mr. Whyte Smith remarked that Assistant Crown Solicitor would Mr. Lo argued that the Crown was be the first to admit cortain

not allowed to prove their case, but elementary principles. It had

was he himself not doing that? been laid down over nad

Mr. Lo replied that he thought be the that the Crown could not apply Arst to admit that he was only again in criminal and civil cases Mr. Whyte Smith would

tho to ro-open a case in order to call pointing out deficiencies In ovidence which was available and case, and was not 'improving it. should have been called at the S.W. Borderers v. Police. Sookun-original hearing.

A Technical Point, If the Crown po, Mr. Darlington, Royal Navy v. Recreio-Reerelo, could not go before the Core and it was a technical point.

were applying for re-opening. They

Mr. Whyte Smith said he thought

The sum that the BAY THR

elbow but they the machinery to bring the right had forgotten to put it in,

person into Court. The defendant The only point before his Wor- had never tried to deny the validity ship was whether there evidence suficient to convict. It in any way. If the wrong person was of the summons or take exception was hopeless to any that the de-

had come to Court, why had ke mot fendant had appeared and did not fald eo? deny responsibility.

Mr. Brown.

Argylis v. Kowloon.-Chatham Road absolutely at thofe had been mons was issued pris it was simply

For Kowloon, Mr. Allen.

St. Joseph's v. H.K.F.C-Club, Mr.

Cadwell,

Second Division (3 p.m.);› University .v. Navy--Club, Mr. Kowloon v. Club-Howloon, Mr.

Parker.

Trice. Argylla v, R.A.0.C.--Chatham Road,|

Mr. Lawrence, S.W. Bordorers v. 12th Battery. Bookumpoo, Mr. Pooley.

R

Third Division (8 p.m.).

Engineers V. S.W.B.-8. Joseph's, Mr. Godsell. Recreio v. Radio 8.C.--Rocrole, Mr.

Culf.

Mr. Lo pointed out that the right person had been summoned, but the prosecution had not proved their case.

Schedule not Produced. Mr. Whyte Smith remarked that I did not matter how Schedule K was proved. It was not produced, His Worship said he thought but he belloved that Mr. Best had that in future cases of the kind mentioned it in evidenco. The 'It was desirable, if not necessary, prosecution might have proved it to have Schedule K produced and, More fully and more satisfactorily made an exhibit He thought the by putting Schedule K in evideñéo, | case, therefore, must fall to the but. Mr. Bost had told the ground.

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