1939-02-28 — Page 38

World Peaco Conference

PREMIER SAYS NOT YET

LONDON, Feb. 27. ASKED IN the House of Commons whether he would call

world peace conference, Mr. Neville Chamberlain declared that the British Government believed that permanent peace could only bo secured by settle- ment, which included the limita- tion of armaments, and the re- moval of barriers in inter- national trade.

Before a world conference could be summoned, a considerable amount of preliminary preparation was

necessary.

Mr. Chamberlain added that he the not consider the time had arrived when such a conference would be effective, but as soon as he thought any conference act a chance of success, he would convene Reuter Special.

Why Belgian Cabinet Fell

Brussels, Feb. 27.

The Socialist-Democrat Ministers declined to collaborate with the Pierlot Government, and thus caused its fall to-day, because they were not willing to lend their support to the projected reduction of five per cent. la the salaries and pensions of Sinte officials, it is declared in well-in- formed circles here.

Burlug a a speelal Cabinet meeting this, afternoon. the differences

of

pinion between the Government and the Social-Democrats were again. discussed, and when it became apparent that no agreement could be reached, the Social-Democrat Minis- term announced their resignation from the Cabin: t.-Trans-Ocean.

Theft Of Dynamite

London, Fri. 27.

Two hundred sticks of dynamite and 300 detonators were stolen from

a torehouse in Falkirk yesterday.

The door

had apparently been

opened with a false key and it is thought the thieves must have used

motorcar.-Kruter's Bulletin.

OUR INQUIRING PHOTOGRAPHER

THE QUESTION:

Is it true that

"Men Are Such Foots"?

THE ANSWERS:

WAYNE MORAIS-live-

ir noll Look at all the great men of history? Look at Wanly- Ington! Look at Napoleon!... Look at me!"

PRISCILLA LANE-

they fool? You

betebal All

girl needs in a

good line to get

any of themt

And when it

comes to good

lines..."

-"Ars

HUMPHREY BOGART-

"I'm not talk-

in', nee...

Anyhow, why

should I take

the rap for a

Sot of chumps

1 don't even know?"

HUGH HERBERT

wool A tho¤•

sand times noo! And, in conclu-

■len, do I look like a fool?

Woo-wool I

know the an. wwert"

Don't miss-i

-"WOG-

MEN ARE SUCH FOOLS"

JOHNNIE DAVIS - PENNY SINGLEYON konstrắng kuat dan ng media felira

TO - MORROW

AT THE

ALHAMBRA

Tuesday,

HONGKONG TELEGRAPH

February, 28, 1.939.

*影报生員業翠屆八十第校女拖師免璞立官港香年八三九一

A recent photograph taken of the graduates of the 18th term of the Ilongkong. Government Vernacular Normal School-Ming Yeen,

APPEAL AGAINST PERJURY CONVICTION IS ALLOWED

COMPLETE REPORT OF THE

FULL

COURT JUDGMENT

AN APPEAL AGAINST being fined for perjury by Mr. Justice E. H. Williams, then Acting Puisne Judge, was brought before the Full Court this morning by Lau Wong and Chui Ting-chat and allowed.

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

Mac-

Stim-

POLAND'S POINTER TO ITALY

Roine, Feb. 27.

concerned he the present proceedings. The headnote it that case reads: The appellants, having been

Count Clano's visit to Warsaw can murtly committed to prison by the be regarded as terminated from the Chief

Justlee under Hongkong political viewpoint, according to Supreme Court Ordinance 3 of 1873 inessage from Signor Gayda to the svetion 31 for wilful and currupt "Giornale d'Italia",

per Appellants were fined $75 and $50, have committed deliberate perjury, jury before the Bankruptcy Court. respectively on December 16, after I fine defendant $75 or two months moved unsuccessfully for a discharge He says that since there was, never a Summary action against the former and Chai Ting-cheu

รถ or one of the order on the

that any question of concluding agree- grounds had been cuneltided. Plaintiffs in month. Section 31 of Ordinance No. they had not been informed by the ments, but only of clarifying the that refirm were the Yee Cheung 3 of 1873."

Chief Justice what statements made respective positions of the two coun- Lung Sang Kee firin, salt merchants, The section relied on is in the by them constituted 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. Ja loom of $500.

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

00 person

defendant $75

1873."

No opportunity, Counsel further

the

follows: **$

Justice should,

that before

the axis

Findlater's Sherry

SHERRY

Findlaters

"Pale Dry

Sherry

Theater Hacks Toda

Shipped by

London.

Proded Sp

BY APPOINTMENT.

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

Blended in Spain for Findlater's since 1823 and sold in Hong Kong in prime condition in all Clubs, Hotels, and Compradore stores.

Thore is no botter ap- potiser than a glass of Findlater's Shorry.

Dino at the

Parisian Grill

Good Food - Fine Wines

DINNER & DANCE MUSIC

HILLS

by

The Blue Danube Trio

Open til 1

'OCEANIC'

a.m,

Navy Cut

MILD, MEDIUM

AND FULL

LONDON MADE

2 ox. $-.80

TOBACCO.

4 ox. $1.55

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

NEW PARLOPHONETM RECORDS..

To-

F1327.

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

F1328.

| contended, was oflorded to the appel- | fessional duty before in his pro- which empowers me to deal at once character which (it is reasonable to

ints to show cause why they should Court of Hongkong was,, without them to prison for Birce months the

the framers of the Ordinance who

I'm Singing A Song For The Old Folks. FT.

Smile And Sing Your Cares Away. F.T.

THE ORGAN, THE DANCE BAND & ME, F1313. Harlem Swing. F.T.

Swamp Fire. Q.5,

F1320.

F1321.

JOE DANIELS & HIS HOT SHOTS IN DRUMNASTICKS.. You're Lovely Madame. "Stranded In Paris") FT. What Have You Got That Gets Alc. FIT.

Two Sleepy People. ("Thanks For The Memory".) · FT.

Sixty Seconds Got Together. FT.

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

When Maker Nature Sings Her Lullaby. Waltz, F1304. Two Sičepy People. ("Thanks For The Memory".)

Summer' End. Q.B.

¥1305. Marvellous. Tango.

Appearing for the appellants on the in any proceeding connected there Held (1) that the Ordinance did I suffed to call attention to the structions of Mr. C. A. S. Russ, with, it appears to the court that not contemplate the accusation being Polish Government's atitude of the the Mr. H. Somerset Fitzroy suit the

of specifle friendly understanding towards any person examined as a witness formulated in a series appeal was on two grounds, (1) that upon oath has committed wilful and allegations of perjury and that its aims and methods of neither of his clients was informed as to what statements made by them corrupt perjury, it shall be lawful gist had been made sufficiently clear: Powers. This attitude was, in itself, for the Court to commit such wit- (2) that as the Ordinance did not an important factor. It meant, that respectively constituted the allegedness as far 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 velure sentence of maining faithful to the alliance with fined they were not given the oppor

to Anc ing three months,

such explaining or correcting misappre-France, refuses to allow itself to be tunity of giving any reasons against witness any cam nut exceeding one hestens of their statements, it was made an instrument of policy direct- summary measure: being taken or of hundred dollars: Provided that the essential that it should be necorded led against the legitimate interests of |uffering any explanation or removing

Germany or Italy. any misapprehension as to what hind powers hereinbefore given shall be to them.

in full force and operation notwith-j From the Judgment delivered by been said.

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

mined to maintain the independence should be punished for form in the administration of the After the verdict was given, it op of its foreign policy, and deelines to pears from the shorthand note that place shelf at the service of any contempt of Court unless the specific oath."

the Chief Justice desired the eight offence charged ugahust him was dis-

HONGKONG CASES QUOTED tinctly stated and an opportunity to

There are two reported cases, witnesses who had given evidence in allen political ideals.-Trans-Ocean, answer was given. He submitted both strangely enough, on appeals support of the affirmation, Le, the that the trial Judge had not complied from Hongkong which are directly appellants and one other who had

the Chlef left the Court, to be called forward, then, they thick with the requirements of the law, in point.

sentencing for all he said in flaing the appellants In re Polland Law Reports 2 He then addressed them as follows, for perjury was: "Both the defendant Privy Council p. 106) the headnote the interpreter explaining what he them, have given them an opportunity and the witness, were lines and de-reads: A contempt of court being aid: The eight witnesses have to of giving reasons against mammary liberately committed perjury. I fine criminal offence, no person can be my mind been guilty of the most mensures being taken.

the This need not have Involved, as or two months and punished for such unless the speelle agtant conspiracy to defraud Chu Ting-thnu $50 or one month. offence charged against him be die alleged partner, Wong Ka-thuen, sugrerted in argument, the case be- Section of Ordinance No. 3 ofinetly stated, and

They have each one been guilty of Ing thereupon retried and witnesses an opportunity the most corrupt perjury and in culled, which would have deprived given him of answering.

virtue of the provisions of the law the alternative course of the suminary A barrister

Supreme with such cases 1 commit ench

important by of suppose) was deemed not be suntmarlly punished, and on notice of the alleged contempt, or without hard labour."

enacted li as an alternative to formal this ground alone the convictions

rule to sho

show enuar, and without

for ithould be quashed.

With regard to the first ground of proceedings

perjury; but It being heard in defence, by an order objection taken by the appellants, would have given an opportunity to THE JUDGMENT

of the Court, Ained, and adjudged to namely, that they were not informed explanation and possibly the corree- Announcing the Court's decision, have been

of several en guilty the Chief Justice referred to the clr-tempts of Court in disrespectfully made Chef Justice what statements tion of misapprehension na to what or meant. them respectively con- had been in fact snid cumstances under which the appel- addressing the Chief Justice while stituted the alleged perjury, their The report of this Board In In re lants were fined, after which he said: conducting a case. Such order set Lordships are of opinion that it is Pollard treats the giving of nich op-

At the outset I desire

to say that aside, and the fine ordered to be not established in point of fact. The portunity as essential in cases of no appeal lies as of right or on certificate of a trial judge agalnut amitted, first, on the ground that statement made by the Chief Justice committal for contempt of Court.

was bad, Indamuch as the was to the effect dat ihe whole The Chief Justice treated Pollard's envletion for a criminal contempt, offences charged were not of them evidence given by the appellants case as a bindlax authority, but as and this Court therefore cannot emselves such contempts of court as convinced him of a conspiracy on not applying to a case of commitint bark upon

an examination of the

perjury, that for

notwithstanding - the evidence or consider whether or no legally constituted an offence, and their part to make it appear

su, no distinct charge of the several the presentation of the petition a contempt of Court." But the reason tenrned judge's coming to the con-nlieged offences was stated, and no partner in the Lai Jing Arm, and given in the Privy Council for the clusion to which he in fact came. opportunity given to the party sc- at all they had sald materint to Tule la that contempt of Court is The functions of an appellate tri- cused of being heard, before passing that issue was a tissue of deliberate criminal offence. A fortiori, Were- bunal ou such an apprul as this sentence,

Inlsehoods.

fore, it would be essential before a must be limited to deciding whether! In that case по Judgment was Their Lordships Uink that, having summary conviction for perjury, un- the order was so irregularly made given, but the report of their Lord regard to the nature of the charge less the statute dispensed with it, as to offend against one's elementury ships, subsequently confirmed by Iler he was making against the appellants, which cannot be alleged in this case. conception of justice.

Majesty's Order in Council dated, it did not admit of being formulated | OPPORTUNITY GIVEN The grounds of appeal are that June 10, 1800 is published, and the in a series of specifle allegations of

In the r

present ens

ense it is clear from neither of the appellants ቢ። In-relevant portions of that report araj perjury, and that the gist of the the notes of the learned trial judge formed as to what statements mode as follows: Their Lordships do accusation he was making ought to that no opportunity was afforded to by them respectively constituted the agree humbly to report to Your have been sufficiently clear to them the appellants to show cause why nlieged perjury and further that be-Majesty that in their judgment no from the language which he employ- they should

be aummarily fore being fined they were not given person should be punished for con- ed to express it. They native sufficient to villate the convictions. punished and that omission alone Ís with the opportunity of giving any rea-tempt of Court, which in a criminal the Chief Justice that the alternative

against summary

offence course left open to the judge by the It is therefore unnecessary for us to measures offence, unless the specifie being taken or of offering any ex- charged against him be distinctly Ordinance of committing a witness consider whether the perjury as- planation or removing any misappre-stated and an opportunity of answer as for contempt of the Court consigned to the appellants sufficiently

as to what had been

ing it given to him.

templates summary proceedings оп appeared from the words which the It becomes necessary for

SECOND CASE

May the spot not involving a statement learned trial judge addressed to the therefore, to consider the course tol- The later case Chang Han-klu v. or trial of specially formulated issues, appellants. fowed by the learned trial julgo sa Piggott, in re La! Hing Firm (1909)| But though, in their Lordships' These appeals must be allowed. disclosed in his notes of the hearing. Appeal Casex, p. 312 turna on the opinion, the language used 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 sufficiently fines paid must be repaid to the ap- reads as follows: "Both defendant very section of the Supreme Court' speelfie to make the appellants aware pellanta There will be no order na and Chul Tung Chau are Bars who Ordinance, 1873 with which we are of the pith of the charge against to the costs of these appeals.

con-

by

There were sumclent grounds for the secondly, that even if they had been Wong Kn-chuen was at the dute of words of the Ordinance, "as for a

ROMB

hension as

www.said.

Us,

not

My Tango Dream Tango.

S.F.T.

VICTOR SILVESTER & HIS BALLROOM ORCHESTRA..

TSANG

FOOK PIANO COMPANY, Marina House, 19 Queen's Road C. Tel. 24648.

_U. S. COMMODITY · PRICES

LATEST CABLED

QUOTATIONS

New York, Feb. 27. New York Cotton

Opening Closing 0.58/50 0.50/50 0.19/19 8.22/22 7.93/04 7.97/07 7.51/61 7.55/65 7.35/45 7.49/40 7.40/40 7.80/60

9.03 N

Mar. (1939) May (1930) July (1039) Oct. (1939) Dec. (1030) Jon. (1040) Spot

New York Rubber

Mar.

16.50/52

16.55/50

May

18.00/80

10.03/53

Sept.

10.80/67

10.60/01

Dec.

10.03/03

To-day's Sales:-8,740 tons.

Chicago Wheat

May

Juty

00%/08 08/00% 00%/08%

08/08

Sool

Baturday's Sales:

July

B0%/60%

Bepil

51781

09/09

3,777,000 bushels, Chicago Cora

492749%% 48%/48%

49%/50 B0%/60%-

Winnipeg Whi

May

Jul-

63/023%

+67367702122

Oct.

·69%/63%

02/02%

Kennedy Queries Lord Halifax

London, Feb. 2.

It is learned that Mr. Joseph Ken- nedy, the American Ambassador to London, saw Viscount Halifax to- day and asked for information con- cerning the course of the Palestine discussions.

Mr. Kennedy denied the report

that he told the British Government hat drastic reductioti of Jewish the Immigration, and alteration of British mandate would have "dienstrous effect upon public opin- lon in America."Reuter Special.

PEPSODENT

TOOTH PASTE and POWDER

CONTAIN.

TRIUM

FOR GREATER CLEANSING TOWER