1939-04-17 — Page 29

Monday,

HONGKONG TELEGRAPH

DONALD DUCK

IN THE COU

LEAVE

No

MILK

HAMMER ATTACKER'S

APPEAL

SENTENCED to guol for 15 years with hard labour by the Chief Justice, Sir Athall Mac- Gregor at the last Criminal Sessions on a charge of attempt- ed murder, Chan Sek-lam brought an appeal against his sentence before the Full Court this morning.

The appen, which was dismissed,

Was

heard by Mr. Justice I. E. Lindsell and Mr. Justice J. A. Fraser. Mr. H. C. Macnamara, instructed by Mr. F. II. Loseby, appeared for appellant.

Ion.

Ico Mr. D'Ahnada and Mr. J. B. Prentis, Assistant Crown Solicitor, were for, the respondent.

The

DISMISSED

Why Chan Was Sentenced

·S Lam Palc-sang, Managing A Editor

of the Chinese newspaper "Nam Wah Yat Pe," was walking down Des Voeux Road, he was allucked by Chan Sek-lam, who was armed will

hammer.

A

felt hat when

Lam sustained terrible In- Juries to the head and upper part of his body, and for a period lay in the Queen Mary Hospital in a critical condition.

One of the reasons advanced for Lam's survival was that he Mr. Machumara sald that if his

WAA by

wearing elient had been represented Counsel at his trial, as was generally recommended by the Court of Criminal Appeal in England in such cases, an appeal of this nature mig not have become necessary because on the question of Intent to kill certain evidence stood out to the contrary.

The person who was assaulted un- doubtedly received severe injuries but the remarkable fact was that He

month actually spent only B hospital.

in

DOCTOR'S EVIDENCE The doctor's evidence, Counsel con- tinued, was that the blows must have, been delivered with moderately severe force, and when one saw the instrument with which the injuries were inflicted one wondered why a man with the strength of appellant could not have killed anyone on the spot with a hammer of that kind if he had really intended.

>

altacked.

Political mollyes were bellov- ed to have caused the attack. Lam Is 'staled to be political representative in Hongkong of Wang Ching-wel, the discredit- ed Kuomintang leader,

Stanley would be sufletent deterrent for anybody. Admittedly, the feeling of the victim must be taken into con- sideration, but here again no one could say that a term of ten years would err on the side of leniency.

OBOLETE SENTENCES

"I do

on

suggest," went Macnamara," that in a case of this kind there are no extenuating cir- instances, but on the other hund there are also no aggravating cle- cumstances-no

particular reason more

why the penalty should be severe than it otherwise has been.

"It is, of course, a serious crime but here ugalu, a sentence of ten years is no light term.

"Sentences which used to be passed 30 or 40 years ago have now become obsolete; the trend of time has been

NOT ERRED IN PRINCIPLE Without enlling upon the other side to reply, Mr. Justice Lindsell said: "The principle of Uls Court. as It is in the Court of Appeal In England, in dealing with appeals against sentences, nut to Interfere. with the sentences passed on indict- inent by the trial judge unless it is clear that he has in some wise erred In principle in passing that sentence. "Here we can see no sign at all of any such error. The appellant was convicted on the clearest possible, evidence of 1} premeditated and] murderous attack on an unsuspected) vletim.

"But for the victim's hat, the at- inck would most certainly have caused fatal injuries and lcd to ap- pellant's Indictment and conviction of murder.

"Moreover, there is the further fact that he has twice been convicted of loltering with intent ind in posses- sion of a dangerous weapon.

·

NOT ISOLATED CASE

"This shows tils is not a mere Isolated instance of an outburst of temper but that he is a bad and dangerous character.

"For these reasons we are satisfled that the sentence Imposed was in no way unreasonable and we decline to interfere."

No Mediation, Says Envoy

Ambassador Arrives In Kunming

One of the reasons advanced for the survival of the viellin was that he was wearing a felt hot, but this could casily have been removed. if appellant had any wish to indict the

KUNMING, Apr. 17. fatal blow, for Lam was then lying

IN AN interview with press- on the ground,

not to impose any severe sentences men yesterday, Sir Archibald Dealing with the question. of

unless it is imperatively called for Kerr Clark Kerr, the British punishment, Counsel said that one of by the facts of the case. the principles of criminal law was lo

Ambassador lock up the criminal and put him out,

horm's-way-In-the-present-case,|--do-not-know-what-view-your

A LIFE ABSORBED

April 17, 1939. By Walt Disney

3.16

SIX-DAY BIKE RACE TARTS

Police Bag Five Taipans In Gambling Raid

OLICE "bagged" an imposing array of Chinese taipans in a raid on a gambling establishment at a flat in Welling- ton Streat yesterday.

Of twolva Chinose arrested in the raid, five wore described as company directors and ong as a dentist.

They were released on bail of $3 each after being taken to the Central Charge Room and this morning, when they' failed to appear before Mr. R. Edwards at the Contral Magistracy, had their bail estreated.

The five company directors were Li Ting-cho, Cheung Kwong, Trang Yui, Lcùng Ping-ys and Lui Wing-chung, là Pan was described on the charge shoot as a moviò director and Kwong Sik was described as a dentist, with offices in the King's Theatre Building.

A servant, Li Kwai, has bail of $30 estreated for failing to appear on a charge of being in charge of a common gaming

house.

CAME BACK TO

FRESH

LEGHORN EGGS

LARGE SIZE

$1.30 per dozen

LANE, CRAWFORD, LTD.

BANK CAPITAL IS

REDUCED BY $3,000,000

A PETITION for the sanctioning of a scheme in connection with payment of debts to creditors and for the reduction of capital from $5,000,000 to $1,923,080 was brought by the National Commercial

and Savings

Bank, Ltd. before the Chief Crown Given Gregor in the Supreme To Emmanuel

Justice, Sir. Atholl Mac-

Court this morning.

Appearing for the petitioners,

Mr. Eldon Potter, K.C., instruct-

Last Phase In

ed by the Hon. Mr. M. K. Lo, Albanian Invasion

ROME, Apr. 16.

said that in 1935 the Bank was badly affected by the closure of _________two other banks and as a result · THE ACTING Prime Minister

suffered serious losses.

of Albania, Shecket Verlaci, has In 1930, the Court approved of `n symbolically transferred the scheme whereby the debts due to un-crown to King Victor Emmanuel secured creditors were to be paid by in the throne room of the Palace, instalment every six months, but

COLONY

TO VINDICATE NAME

Hearing of the Hongkong Motor Car Service case before Mr. Justice R. E. Lindsell at the Summary Court concluded to-day when Mr. H. L. Kwan, for plaintiffs in a'counter claim, said he had been instructed to withdraw the claim and consent to judgment.

The case is o counter-clalın for $240.70 by Chin Wal-kwan, Chin from their former partner, Li Kam- Ping-chuen and Chin Ping-kwan

poy, alleged to have been retained by Ll when he was acting as their treasurer, Pasurer.

the Li had successfully claimed same amount due de balance of his share value.

Mr. F. H. Loseby acted for Li At one of the hearings LI was certain have retained alleged to monies, the property of the partner-

New Crisis In Belgium

since then a new scheme had been in the presence of all members arrived at by those concerned extend-of the Court and Cabinet.-

g the time for repayment to every Reuter." twelve months.

Wiping Off Debts

The object was to enable the Bank to carry on business and eventually

to wipe off its debts,

Spoils To Victors

Rome, Apr. 10. At a royal audience in the Quirionl Falace this morning, attended by the King and Queen of Italy, the Crown Prince and Princess, and other The Bank was doing its best to members of the royal

well family, as help everyone concerned and was high dignatories of the even now paying to the creditors the Signor Mussolini, and all members fourth instalment due to them despite of the Italian Government, King the fact that they had agreed to the Victor Emmanuel received delcga postponement.

tion of ten members of the Albanian to the reduction of National Assembly. who were attired capital, Mr. Potter said this was in native costume, who presented brought about by the reduction of him with an ornamented scroll in- 132,040 fully paid up "B" preference forming him of the decision of the National Assembly to offer him the shares of $10 each to $5 each

crown of Albania. 237,410 fully paid up ordinary shares or $10 each to $1 each.

Plan For Two-Party Referring

Government Fails

BRUSSELS, Apr. 16. Confusion still prevailed in

#

the

and

More

In Palestine

Shooting

Jews Shot In Haifa Terrorism

The

King, in reply, stated that he sccepted the Albanian crown for himself and his successors, and pro- mised the "proud and valiant Al- banian people, order, respect of and faith, progress, social justice

mutual pence, through frontiera."Trans-Ocean,

defence of

Military Operations Concluded

Tirana, Apr. 10. -Italfan---military--occupation---of- Albania was completed on Saturday, when the little town of Bureli, which is the centre of the Mati tribe, of which King Zog wOB

chieftain, was captured.

ship, and after Mr. Kwan had spoken Belgian political circles to-night, Hils Lordship granted the petition. this morning Mr. Loseby submitted; certain points and said that he was after the plan for the formation entitled to put his client in the wit-of a two-Party Government had ness box to say that he had not re-been suddenly abandoned. ceived the money. -

The Christian Democrats and Mr. Justice Lindsell decided it was

particularly

Liberals, were not necessary to do that.

strongly opposed to a Government in Spacial Costs Awarded

which tho Social-Democrats were not After further submissions by Mr.represented. to China, who Loseby, in which he stated that his

The

Liberals, who are fighting the arrived here from Shanghai.on client had been forced to come ta Flemish cultural demands, fear that. they had a type of criminal not Lordships will take but I do submit/Saturday, denied that he had any the hearing because of certain re-gain Flemish majority, in view of Hongkong from Indo-China to attend Catholic and Liberal Cabinet would particularly common in the Colony, very strongly, that in the sentence special mission in connection and Counsel suggested that a sentence which has been passed for the one with his present trip to Chung- which he had to clear himself,

marks made against him and of Flemish preponderance in the Catho-

Hisle Party. of ten years would have been which might have been imposed king.

Jerusalem, Apr: 10. (ten years), one could find

It is stated that for Lordship granted $100 special costs very little

of A Jewish official was shot this to justify an additional five years,

finance and foreign policy, a Govern- morning in Haifa, and three other "If this man has to serve 15 years he discussed the Far Eastern silua-

He also discounted rumours that apart from the ordinary costs.

ment without Social-Democratle re- Jews were seriously wounded. Another observation in this respect it will absorb the middle portion of tion with Sir Robert Craigle, the

to Italy during the critical days, have The Mayor of Lydda, and his two new requested permission from the was, the reformatory aspect: If his life, for he is now 23 years of age: British Ambassador to Japan, when

Inquiry Into Fire presentation would not be able to

Since the Social-Democrats were recent

sons, who were arrested during a military authorities to return.--Trans- person could not be reformed in ten on the other hand if the term is the latter visited Shanghai recently.

house-searching campalga. Ocean. years, he could not likely be by un-shorter it would give him some hope

In Ark Royal evidently willing this evening to have been sentenced to three months Sir Archibald other five. Again, a person might be of becoming a useful member

will proceed to

participate in the formation of Chungking on Tuesday.

London, Apr. 18.

in a concentration taught trade in gaol, but there was society."

Cabinet,

camp. assumed that д It is learned that a court of inquiry Government composed of five Catho-has sentenced two Arabs to 10 News.

The military tribunal i Jerusalem no trade which took more than seven Mr. Justice Fraser inquired under

has been held at Portsmouth into the lies, five Social-Democrats,

ycara' yeurs to learn.

what principle the Court could be

three imprisonment, cause of the fire which occurred On the deterrent effect upon the induced to interfere with the sen- minds of other people, Counsel said tence, and Mr. Macnamara repiled announces that a cource of A.R.P. Ark Royal, while returning from

The Air Raid Precautions Omeer aboard the British aircraft-carrier, Liberals, and two non-Parliament- An Arab member of the Municipal

orlans, will soon be formed, Council of Caza was shot to-day, that the prospects of ten years in there was no particular rule. It was lectures, in English, will be held at Gibraltar about three weeks ago, and

Trans-Ocean. a matter of common-sense and the the Club Lusitano on Tuesdays and which resulted in several planes discretion of the Court as to whether Fridays, at 5.30 p.m. commencing on being destroyed. the sentence was too long or not. Friday, next.

sufficient.

REFORMATORY ASPECT

Glands Made Young

-Vigour Renewed

Central

MAGISTRATE ORDERS

Without Operation EXPULSION OF GERMAN

The result of the inquiry is not disclosed-itmuter,

TECHNICAL CAUSE

It

reasona

Df D

Baby Teeth Out At 90

MT. VERNON, O.

Groups of Italian refugees who fled

Zog For Amarica?

Athens, Apr. 16. It is reported that King Zog is planning to leave. Larissa for the

United States, via England, when this is possible.

In the course of violent demonstra-. It is understood that he would en- tions by Jews in Halfa to-day, one train at Istanbul, or would go directly Jewish police official, and two other from Volos aboard. a British ship, Jews were shot, while several were taking with him a small retinuo, with wounded. Numerous arresta

were his son, four sisters, and one alde-de- mode. Trans-Ocean.

camp.

Queen Geraldine continues to Im- prove-United Press, a

London, Apr. 17. An Admiralty official told the A dentist at Danville, near here, "Daily Mail" that the enuse of the was astonished when he extracted The R.M.S. Empress of Russin Bre aboard the Ark Royal was the teeth of 90-year-old Samuel arrived at Nagasaki at 7.30 p.m. on Mrs. H. Jessop, of 8 Hart Avenue, technical, and that there was no Conkle, Two of the molars taken Saturday and left at 8.a.m. yester Kowloon, lost her wrist watch, valued structural damage caused to the ship.jout, the dentist believed, were Con- day, on route to Shanghal and at $00, while walking in Middle Rond

kle's baby teeth.

yesterday.

AN ORDER for the expulsion from the Colony of a Germanor casualties.-Neuter. If you foal aid before your thine or subject, Saul Neuwrith, was made by Mr. R. Edwards at the

Central Magistracy this morning.

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Neuwrith was convicted of having entered the Colony with. out a valid passport.

In evidence, Det. Sergt. P. H.

Cancellation Loughlin said that the German

Rumoured European Crisis Upsets Plans

LONDON, Apr. 16. THE KING conferred with

and vitality, and Tani 10 to 20 years Mr. Neville Chamberlain and Younger or money backs on return of the American Ambassador, Mr. empty package, A special, double-

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METROPOLE

ROOM BATH $6

CENTRAL

CLEAN

COMFORTABLE

arrived in Hongkong from Europe on March 29; and was Igiven a transit stamp to proceed

to Shanghai,

Three days after his ship left for the northern city, Neuwrith told the police that he wanted to remain in the Colony.

Schacht

Departs

For New Delhi

BOMBAY, Apr. 10-Herr Hjalmar It is assumed that the discussion Schacht, former President of the denit principally with the question of Reichsbank, who is in India on whether, in view of the political private visit, departed for Delhi to- situation, the Royal visit to America day, following a siny in Bombay of should be cancelled, or postponed.

five days. According to the "Sunday Express,"

here, Whlic Dr. Schacht dined with several members of the Government Sir Roger Lumley, Governor of Bem- Bre of the opinion that the journey bay. He also visited the head of the Ahould not take place, because, in the Bunit, and was a guest of leading event of war, the King could not re-reprerentatives of commerce turn to Engianid.

The King himself is said to desire While in Delhi, Dr. Schacht - will that the plans be carried out as visit the Viceroy, Lord Linlithgow. arranged Tranı-Ocean,

Industry.

Trans-Ocean..

and

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