1939-02-28 — Page 26

2

Tuesday,

HONGKONG TELEGRAPH

February, 28, 1939,

World Peace

Conference

PREMIER

SAYS

NOT YET

LONDON, Feb. 27.

ASKED IN the House of Commons whether he would call a world peace conference, Mr. Neville Chamberlain declared that the British Government- believed that permanent penco could only be secured by Hettle- ment, which included the limita tion of armaments, and the re- moval of barriers in inter- national trade.

Before world conferrner could be mummoned, a considerable amount of preliminary preparation Was

necessary.

Mr. Chamberlain added that he tld not consider the time had arrived when such a conference would be effective, but as soon as he thought any conference hud a chance ot

would convene success, he

Router Special.

one.--

Why Belgian

Cabinet Fell

Brussels, Feb, 27.

The Socialist-Democrat Ministers declined to collaborate with the Pieriot Government, and thus caused its fall tu-day, because they were not willing to lend their support to the projected reduction of five per cent. in the salaries and persions of State officials, it is declared in well-in- formed eireles livre.

of

During a special Cabinet meeting thin afternoon: the differences opinion between the Government and the Social-Democrats were again direussed, ark! when

became

it

apparent that no agreement could be reached, the Social-Democrat Minis- tent announced their resignation from the Cablust.-Trans-Occan.

Theft Of Dynamite

London, Feb. 27,

Two hundred sticks of dynamite and 300 detonators were stolen from a tevhsure in Falkirk yesterday.

The door And apparently been opened with a false key and it is thought the thieves must have used a motorcar-Reuter's Bulletin.

OUR INQUIRING PHOTOGRAPHER

THE QUESTION:

Ts 12 true that "Men Are Such Fools"?

THE ANSWERS:

WAYNE MORRIS Positive

ly not! Look at

alf the great

men of history!

Look at Wash

ington! Look at

Napoleonl... Look at me?”

PRISCILLA LANE

they fools? You

betchal All a girl needa is n

good line to get

any of themi

And when it

comen to good

lines... 1"

- "Are

HUMPHREY BOGART—

"I'm not talk in', sce?... Anyhow, why should I taka

the rap for a

lot of chumpa

I don't evan know?"

HUGH HERBERT-

wool A thou

sand times nool

And, In conclu-

sion, do I look Jikoa Kool? Woo-wook t know the an.

awarl"

Don't miss -

MEN

影报生員業畢屆八十華校女筢師之漢立官港香年八三九一

A recent photograph taken of the graduates of the 18th term of the Hongkong Government Vernacular Normal School-Ming Yuen.

Findlater's

Sherry

SHERRY

Findlater's

*Pale Dry'

Sherry Fiscale, Mackie Todd

Shipped by

London.

BY APPOINTMENT

A CASE OF FINDLATER'S. PALE DRY SHERRY IS AN OUTSTANDING AND AN APPRECIATED GOOD-WILL GIFT.

Blended in Spain for Findlator's since 1823 and sold in Hong Kong

in prime condition in all Clubs, Hotels, and Compradore stores.

Thore is no botter ap- petiser than a glass of Findlater's Sherry.

Dine at the

QUALITY.

APPEAL AGAINST PERJURY Parisian Grill

CONVICTION IS ALLOWED

COMPLETE REPORT OF THE

OF

FULL COURT JUDGMENT

AN APPEAL AGAINST being fined for perjury by Mr. Justice E. H. Williams, then Acting Puisne Judge, was brought before the Fuli Court this morning by Lau Wong and Chuirned in the present proceedings, Ting-chau and allowed.

The appeal was heard by the Chief Justice, Sir Atholl Mac- Gregor, and Mr. Justice R. E. Lindsell, Puisne Judge.

thr

any person

550 or

of

POLAND'S POINTER TO ITALY

the

the Axis

Good Food Fine Wines DINNER & DANCE MUSIC

HILL'S

by.

The Blue Danube Trio

Open till I

'OCEANIC'

a.m.

Navy Cur

MILD, MEDIUM

AND FULL

TOBACCO.

LONDON MADE ———

2.ox. $-.80

4 oz. $1.55

at INGENOHL'S CIGAR STORES "LA PERLA DEL ORIENTE" and other tobacconists.

NEW PARLOPHONE RECORDS.

headnote in that case reads:

Rome, Feb. 27.

sum- The appellants, having been

Count Ciano's visit to Warsaw can marily committed to prison by the be regarded as terminated from the

Justice Chief

unler Hongkong political viewpoint, according to M Supreme Court Ordinance 3 of 1873, message from Signor Gayda to the Fertion 31 for wilful and corrupt "Giornale d'Italia". Appellants were fined $75 and $50, have committer deliberate perjury, jury before the Bankruptcy Court

He says that since there was never respectively on December 16, after 1 Gne defendant $75 or two months moved unsuccessfully for a discharge

Summary action against the former and Chu Ting-chau

one of the order on the

that any question of concluding agree- Plaintiffs month, Section 31 of Ordinance No. they had not been

Inifin me had been concluded.

by the ments, but only of clarifying the Pat on wore the Yee Cheung13 of 1873."

Cafer Justice what statements made respective positions of the two coun- Lang Sang Keg firm, saft merebanks, The section relied on is in the by them coalituted the perjury and tries, speculation would be misplaced and they sued Lau for the return of following terms: "If in any cause, that they had had no opportunity of and superfluous. a loan of SOUD.

action, or suit, civil or criminal, or showing cause before sentence.

It sufficed to call attention to the Appearing for the appellants on the in any proceeding connected there! Held (1) that the Ordinance did! instructions of Mr. C. A. 5. Rus, with, it appears to the court that not contemplate the accusation being Polish Government's. atitude of Ale. H, Somerset · Filzrog sikk

a witness formulated in a series examined as a

specifie friendly understanding towards apal was on two grounds, (1) that upon oath has committed wilful and allegations of perjury and that its aims and methods of the

Powers. This attitude was, in itself, neither of his clients was informed corrupt perjury, it shall be lawful gist had been made sufficiently clear; Po as to what statements made by them for the Court to commit such wit- (2) that as the Ordinance did not an important factor. It meant, respectively constituted the alleged

Cness as for a contempt of the Court, dispense with giving the appellants the Polish Government, while perjury, and (2) that before being to prison for any time not exceed an opportunity before fined they were not given the oppor in three months, or to fine such explaining or rorrecting misappre-France, refuses to allow itself to be tunity of giving any reasons against witness any sum not exceeding one hensions of sould be recorded ed against the legitimate interests of their statements, it was made an instrument of policy direct- summary measures being taken or hundred dollars: Provided that the offering any explanation or removing powers hereinbefore given shall be to them. any misapprehension as to what had

From the Judgment delivered in full force and operation notwith- been suid.'

The Pollah Government is deter- Counsel quoted cases to show that standing any irregularity or want of Lord Collins 1 quote

mined to maintain the 'independence no person shouki be punished for farm in the administration of the After the verdict was given, t ap of its foreign policy, and declines to 1 contempt of Court unless the querifle

pears from the shorthand note that i bath,"

the Chief Justice desired the eight place itself at the service of any offence charged against him was dis-

HONGKONG CASES QUOTED There are two reported cases, witnesses who had given evidence in alien political ideals-Trans-Ocean. F1321. Two Sleepy People, ("Thanks For The Memory".) F.T.. finetly stated and an opportunity to answer was given, He submitted both strangely enough, on uppeals support of the affirmation, ie, the one other who hud that the fetal Judge had not complied from Hongkong which are directly appellants and

left the Court, to be called forward. them, they think with the requirements of the law, in point.

then addressed them as follows, Justice should,

1073."

convictions!!

should be quashed,

THE JUDGMENT

-"Woo-

cumstances under which the appel- fants were fined, after which he

ARE SUCH

FOOLS"

JOHNNIE MAVEN - PENNY SINGLE TIIN

TO - MORROW

AT THE

ALHAMBRA

ས

of Court

the

He

for

that

re-

sentence of maining faithful to the alliance with

Germany or Italy.

by

follows: 415

that

the

or mennt.

cases

of

F1327.

F1328. I'm Singing A Song For The Old Folks. F.T.

Smille And Sing Your Cares Away. FT.

Any Broken Hearts To Mend. F.T. Love's Old Sweet Melody. F.T.

F1313.

F1320.

THE ORGAN, THE DANCE BAND & ME. Harlem Swing. FT.

Swamp Fire, Q.5.

JOE DANIELS & HIS HOT SHOTS IN DRUMNASTICKS. You're Lovely Madame. "Stranded In Paris".) F.T.

What Have You Got That Gets Me. F.T.

Sixty Seconds Got Together. FT.

KAY KYSER & HIS ORCHESTRA. F1303. I've Got A Pocketful of Dreams. ("Sing You Sinners") Q.5.

When Mother Nature Sings Her Lullaby, Wallz. Two Steepy People. ("Thanks For The Memory".) 8.FT. Summer End. 'Q.8.

F1304.

F1305.

Marvellous, Tango.

Tango.

My Tango Dream.

VICTOR SILVESTER & HIS BALLROOM ORCHESTRA..

I

TSANG FOOK PIANO COMPANY,

Marina House, 19 Queen's Road C...

Tel. 24648.

U.S. COMMODITY PRICES

Chief before sentencing for all he said in dining the appellants In re Poland (Law Reports 2 for perjury was: "Both the defendant

said: and the witness were liars dan Privy Council p. 106) the headnote the interpreter explaining what he then, have given them att opportunity "The eight witnesses have to of giving reasons against summary rends: A contempt of court being ૩

most measures being taken. berately commilled perjury. 1 ne criminal offence, no person can be my mind been guilty of the

flagrant conspiracy to

This need not have involved, us to defroud the defendant $75 or two months and punished for such unless the specifie Chul Ting-chau Sea or one month,uffence charged against him be dia-They have each one been guilty of nich would have deprived alleged partner, Wong Ka-chuer suggested in argument, the vase be- Ing thereupon refried and wilnesses Section 31 of Ordinance No. 3 of tinetly stated, and an opportunity

the most corrupt perjury. and Incalled, given him of answering.

virtue of the provisions of the law the alternative course of the summary. No opportunity. Counsel further

barrister contended, was afforded to the appel-fessional duty briose the Supro which empowers me to deal at once character which (it is reasonable to

the Supreme with such cases I commit cach lants to show cause why they should Court of Ilongkong

of suppose) was deemed important by without them to prison wis,

who months the framers of the Ordinance three not be summarily punished, and on notice of the alleged contempt, or without hard labour."

enacted us un alternative to formal this ground alone the

rule to show

and without cause,

but IL proceedings With regard to the first ground

for perjury; being heard in defence, by an order objection taken by the

would have given an opportunity to appellants, woul of the Announcing the Court's decision, have her, fined, and adjudged to, namely, that they were not informed explanation and possibly the correc- Builty of several con- by the Chief Justice what statements tion of misapprehension as to what

con- had been in fact sald by them respectively made the Chief Justice referred to the vic-|essing the Chief

in ctfully

while stituted the alleged perjury, their The report of this Board in in re he said: conducting

a case. Such order set Lordships are of opinion that it is Pollard treats the giving of such op- At the outset I desire to say that

act fine established in of fact. The portunity, essential in ao uppent lies os of right or on is remited, first, on the ground that not ental heden point chict Justice committal for contempt of Court.

the whole certificate of a trial judge agalust at the order was. bad, Inasmuch as the was to the effect that

The Chief Justice treated Pollard's conviction for a criminal contempt, oftences charged were not of trem- evidence given by the appellants case as a binding authority, but as and this Court therefore cannot em- relves such contempls nf court convinced him of a conspiracy on not applying to a case of committal bark upon

an examination

But for perjury, notwithstanding of the legally constituted an offence, and their part to make it appear evidence or consider whether or no there were sufficient grounds for the secondly, that even if they had been Wong Ka-chaen was at the date of words of the Ordinance "as for

a contempt of Court." But the reason no distinct charge of the several the presentation of the petition learned judge's coming to the con- alleged offences, was stated, and no partner in the Lat Hing firm, and given in tlie Privy Council for the clusion to which he in fact came, opportunity given to the party ac- that all they had said material to rule is that contempt of Court is a The functions of an appellate tri-cused of being heard, before passing, that issue was a tissue of deliberate criminal offence. A fortior, there- bunal on such on appen as this sentence

falsehoods

fore, it would be-esiial before a must be limited to deciding whether In that case

Judgment was no

Their Lordships think that, having summary conviction for

with it, the order was so irregularly made

but the report of their Lord- regard to the nature of the charge less the statute dispensary, un- as to offend against one's cleinentury ships, subsequently confirmed by Her he was maklog against the appellants, which cannot be alleged in this case.

OPPORTUNITY GIVEN conception of justice.

dated it did not admit of being formulated Majesty's Order in Council The grounds of appeat are that June 10, 1888 is publisher, and they in a series of speelfie allegallons of In the present case it is clear from May

ther of the appellants

was in-relevant portions of that report are perjury, and that the gist of the the notes of the learned trist judge Sept. formed as to what statements made as follows: Their Lordships do Accusation he was making ought to that no opportunity was afforded to by them respretively constituted the ag

to report agree humbly to

Your have been suffelently clear to them the appellants to show cause why rlot be: summarily alleged perjury and further that be- Majesty that in their judgment no from the language which he employ- they should fore being fined they were not given person should be punished for coned to express it. They agree with punished and that omission alone is May the opportunity of

of giving

any rea- tempt of Court, which is a criminal the Chief Justice that the alternative sufficient to vitlate the convictions. July. Brs

ngainst

| summary

measures offence, unless the specific offence course left open to the judge by the It is therefore unnecessary for us to Sept. being taken or of offering any ex- charged against him be stinctly Ordinance of committing a witness consider whether the perry as planation or removing any misappre-stated and an opportunity of answer- us for contempt of the Court con-signed to the appellants sumciently hension as to what lind bean sald. ing it given to him.

on appeared from the words which the templates summary proceedings It becomes

us, necessary for

SECOND CASE

the spot not involving statement learned trial judge addressed to the May to consider the course fol therefore,

The later case Chang Han-klu var trial of specially formulated Issues, appellants.

in their Lordships" These appeals must be

allowed, Sept. lowed by the learned trial judge as Piggott, in re Lai Hing Firm (1009) But though, disclosed in his notes of the hearing. Appeal Cases, p. 312 turns on the opinion, the language, ured by the the convictions are set aside and the The relevant portion of the notes interpretation to be placed on the Chief Justice was quite sufficently nos pald must be repaid to the ap- May reads as follows: "Both defendant very section of the Supreme Court specific to make the appellinis aware pellants. There will be no order as Jul- Oct: and Chul Tung Chau are liars who' Ordinance, 1878 with which we are of tie plth of the charge against to the costs of these appeals.

neither of

50,

given,

LATEST CABLED QUOTATIONS

New

New York, Feb. 27. York Colton

Opening Closing

8.50/50 8.59/69. 8.19/10 8.22/22

7.03/04 7.97/97 751/51 7,55/55 7.45/45 7.49/49 7.40/46 7,50/50

9.03 N

the

1

Mar. (1039)

May (1039)

July (1039)

Oct. (1930)

Dec. (1930)

Inn. (1040) Spot

Mar.

New York Rubber 10.50/52 10,00/60 10.00/57

16.55/50

10.83/63

10.60/61

16.03/03

Dec.

To-day's Sales:-2,740 tons.

Chicago Wheat

6347004 084/603% 08/08% 0034/00%

00%/09%

Saturday's Sales:-

July

+

3,777,000 bushels. Chicago Corn

49/4/40% 40/48 50%/304 49%/00.

60%/00% 01 751 Winnipeg Wheal

024/02 02/02 62%/02 6374/634

03 702

KAKAAZAAZAA

Kennedy Queries Lord Halifax

London, Feb. 27. It is learned that Mr. Joseph Ken-- nedy, the American Ambassador to- London, saw Viscount Hallfax to | day. and asked for information con- cerning je course of the Palestine discursions.

report. Mr. Kennedy denied the

told the British Government that a drastic reduction of Jewish immigration, and alteration of the British mandate would have "disastrous effect upon public opin- Jon In America."-Reuter Special.

that

hc

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