1939-08-10 — Page 31

Thursday,

HONGKONG TELEGRAPH

August 10,

1939.

INTERESTING APPLICATION Took A Warship To Steal BEFORE THE FULL COURT

Man Robbed Of $1,000 In City Street

WALKING quietly along Bon- ham Strand yesterday, Mak Yuk-leung, who lives in Des Voeux Road West, gave a grunt of pain when a Chiness collided with him, but his exclamation furned to one of rage a few mo- ments later when he discovered that the man had skilfully stolen $1,000 from ini.

The victim was carrying the money in blu Jackel pocket, and the rapidly with which it wILM Hifted by the colliding pedestrian Teft Mak completely ignorant of the ulterior motive, until it was too fale for him to catch the man

Another skilful theft was also carried out on a tramcar In Wanchal yesterday, Chan Wing of the Nan Kong boarding house having Jewelry worth $345 taken from him,

In neither rase has the thief yet been apprehended.

Macao Greets Its Governor

Chief Justice Thanks Counsel For Argument

ARISING out of, their successful appeal against conviction for permitting premisel to be used as a brothel, Mr. M. H. Turner and Mr. H. J. Armstrong, trustees of the estate of Sir Paul Chater, brought an application for costs against the Crown before the Chief Justice, Sir Atholl MacGregor and Mr. Justice R. E. Lindsell, Puisne Judge, in the Full Court this morning.

The motton wan dismissed.

Prentis, that the

applicants had

Mr. II. G. Sheldon, K.c., instructed communicated with the Crown before by Deacons, appeared for the op- the proceedings had been started, picants, and Mr. J. B. Prentis, Assia-pointing out hint they were not the tant Grown Solicitor, was for the Crown.

Mr. Sheldon said the motion was to ask that the costs of the appeal, Judgment of which was given on May 15 hut, be paid by the Crown to the appellants: The section relevant to the matter was Section 133 of the Magistrates Ordinance which gave power to the Full Court to determine the question and to make such order as to costs as they deemed fit.

Counsel then quoted a

case in

which 1 revenue officer was the respondent, a conviction having been obtained by him for selling beer by retail without an exclse licence. The point was whether the Crown should or should not receive costs and it was held by the trial Judge that in all cases costs should be given either by the Crown or to them.

persons to be served with the notice. That was correct but at the same time the Crown and also invited them to this was taken. argue the

but no notice of no other course open to the Crown was except to take proceedings in order to ascertain whether Its views those of the applicants were correct.

the point quefore, there

or

The applleants'views had since been held as coffct, but it was also found that the section in question was difficult of construction and was "pen to more than one meaning.

trust

to

01

Two Rifles From Junk

IT TOOK A full-sized Japanese warship to capture two rifles and 200 rounds of ammunition from a frail little junk at Ah Chau this week.

The master of the junk, Li. Ling-ngai, returned to Hong- kong yesterday to report to the police that a large Japanese warship hove into sight as he was sailing the junk in Chinese waters, and the vessel despatched a motor boat filled with Japanese salfors, who boarded the junk, and left later bearing with them the Insignificant booty mentioned above,

No attempt was made to molest the occupants of the junk, and once the japanese sailors had discovered the rifles and ammunition, they boarded their own motor boat and returned to the warship. The junk was allowed to continue its course.

Sequel To Tarantula Mishap CAPTAIN OF WARSHIP REPRIMANDED FOR

NEGLIGENCE

FOUND GUILTY of negligently performing a duty imposed upon him, in that he omitted to be on the bridge during the period in which to his knowledge H.M.S. Tarantula was passing close to a known and hidden danger on July 11, Capt Francis Cyril Flynn, commanding H.M.S. Tarantula and Senior Naval Officer, West River, was sentenced to be reprimanded at a Court-martial held un board H.M.S. Tamar this morning.

Mr. Prentis then went on to sub- mit that if the applicants chose own property, whether in otherwise, in an unsavoury neigh- bourhood, they could not be in better position than that of an in-ruck off Tap Siak Kok in the course, she would have passed three The Tarantula grounded on a 32 E. Had the ship maintained that dividual holding it in his own full personal rights, for it would mean the

Urmston Road of the Canton) to four cables off Top Slak Kok. Crown taking proceedings against River on July 11.

Accused gave no instructions when trustees at its own peril.

the ship was passing through Urmston Road. Witness was navigating by eye, and took no fixes by cross bear- ings.

ceedings where costs could be award- The only occasion in criminal pro- ed against the Crown was where there was something malicious

CRSCK,

The Court comprised Capt. Clement Moody (Eagle) President, Capt. G. M. K. Keble-White (Medway), Cmdr. H. Palmer, Cmdr. T. H. Hampton and he remained for a minute or two, and J. A. C. Hill (Westcott), Cmdr. H. When accused came on the bridge,

Special Enthusiasm By could be followed, as judgment bad sive in the conduct of the prosceu-Pay. Lt.Cdr. A. Lade (Tamar), Judge

Local Chinese

Rule Now Extinct The Chief Justice observed that the procedure in that case was by rule, and queried whether in

thel the same principle present action

or oppres- already been delivered.

tion. I11 Such Mr. Shekton agreed that such awarded in a manner indicating the costs were rule was now extinct, but point out displeasure at the way in which the that at the conclusion of the appeal prosecution and been conducted. But he had asked the Court to deal with in the present case, there was nothing MACAO, Aug. 9.-Macao's ships did not deal with the question or oppressive and therefore costs could the, question af costs The Lord- which could be construed as malicious popular administrator, Dr. then, and in Chambers subsequently not be awarded. A Tamagnini Barbosu, was nied.

they directed that notice should be accorded a hearty welcome.

Community

Our Own Correspondent

dopart-

"What Am I To Do?" Mr. Sheldon: We did not choose

beenuse i was convenient for both

-

Advocate

Capt. A. R. M. Bridge (Engle) pro- secuted, and accused was represented by Condr. F. V. Lees and Pay. Comdr. C. S. B. Hickman,

Circumstantial Letter

The circumstantial letter stated that sinen July 1, 1939, the Accused has been borne on the books of HIM.S.

Grateful For Arguments Justice said: "We are

Dismissing the motion, the Chief grateful to

very was

#21

iron

in

Road

to

then left. Five minutes after passing Black Point, witness altered course Black Point, witness alterned course

the ship grounded on a rock off Tap S. 35 E. and five minutes after that, Siak Kok. The time was

1.21 p.m. Accused appeared on the bridge a submerged rock was 70 or 80 yards moment after the ship grounded. The of Top Slak Kok,

Did Not Encourago Cutting Corners

he

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AFIRE AT SEA

In the "Typhoon Bar”-

Family _Allowances As Election Cry

Chinese Chamber of Commerce Chambers as a venue; we did so on less in cases, happily rare, where the southwest of Black Point, the accused, the impression that the

"It would be a hard thing for n

Tarantula for Command of that ship had been First Lieutenant of Cross-examined, Li. Hale said on his return to Macau to-am if he could not approach the

He is stili so borne. Court afler

the day..

Aling the notice

0 Counsel of both sides for the

On July 11, 1930, H.M.S. Tarantula had passed the rock off Tap Slak Kok Tarantula for over two years. He directed," said Counsel. Arriving by the steamer Tai-

careful and full arguments with which Hongkong and at about 12.30 passed the bridge when he first joined the

on passage from Conton to Lordship: Judgment

20 times. Accused was always hasthey have assisted us, but shan, H.E.

alreatly the Governor

been given and my difficuity view the point for decision is really Ma Chau Island, intending to pass end sometimes not. He always came Was is whether we can now go back and simple one.

bur about 7 eables to the South west of ship, but now he went up sometimes met by a representative gather-review and modify the judgment: {criminal proceedings and an appeal Henry Franels Ormsby Hole, Hovstup every quarter of an hour to see

We are dealing Ing consisting of leading officials, Actually, your application could not from the decision of

with

through Urmston Road. Lieutenant and their wives, naval, military be entertained in Chambers and our view there is no question what-Tarantula, had charge of the after. the time witness was on the ship, he

Magistrate. and civil officers, as well as pro- it would have to be by notice. That ever as to our power to award costs, noon water, and the cafe navigation two cables away.

proceedings were to be taken at all

During Navy, First Lieutenant of H.M.S.ow things were going on. minent members of ecclesiasti- was why we suggested it could come

passed Tap Slak Kok about one to either for pr cal bodies,

or against the Crown in of the ship through Urmston functionaries af before the Court.

such proceedings, but there is, and was entrusted to him by the accused. various government

long has been, a well-set rule of prac- ments, and members of the

tice that in criminal matters on ap-

At about 1.12 pan, when the ship peal no order as to costs is rande un- was approximately four cables to the and other Chinese institu.ions.

To a question whether he had gate- prosecution Jas been undertaken

visited the bridge. He was entirely

necused Those present at the wharf includ-parties. Your Lordships were asked maliciously or oppressively.

satisfied with the distance of the ship encouraged cutting corners, witness ed Comm. Rodrigues Coelho, Officer

SPECIAL TO THE "TELEGRAPH" by me to deal with the question of Administering the Government, Sr.

SPECIAL TO THE "TELEGRAPH" "In the case we are now consider with the ship's course.

from Black Point at that time, and sald he certainly did not. The Cap- costs, but it was not dealt withing, this is the only real point for

BOSTON, Aug. 9 (UP).—The ship tain's bridge was namedlately be local Coast Guard Station has Bossa,

LONDON, Aug. Inspector

What am I to General of Colonies,

do? The judgment consideration. The proceedings were that time giving a clearance from Tap bridge was by means of

was heading S. 32 E. by compass at low the bridge, and access

(Reuter). to the Mr. Menezes Alves, Colonial Secre- shut

Wis cireutated; and I was therefore taken under an Ordinance, the word-|Stak Kok of about two cables only, outside his door. It was a matter or American freighter Pipestone/wages system will be an issue in the received a radio report from the scheme for family allowances in the LATY Cornm

ladder S. Vieira, Freitas Ribeiro,

Lieut.. Arbrantes, once asked your Lordships to deal thought. I can find nothing in the nowe past Tap Sink Kok.

Com delivered in Court I would have, at and myself considerable food

shut out. If the judgment had beening of which had given my Brother He did not remain on the bridge seconds for him to get to the bridge. County, saying she is afire 700 forthcoming general election, Col. Arcz, Capts. F. Correa, Gemes, and J. Moutinho, Lt. P. du

When the accused come the question of costs. with

ship safely

on the Costa, Dr. Ferreira de Castro, Messrs. believable if you hadn't.

His Lordship: It would be un-oppression or of malice, and the view

proceedings that savours

either

bridge at 1.12 p.m. the ship It is evident that between 1.12 and on a course which would have takes L. Marthis, P. J. Lobo, A. M. da

that I have formed is that there is allowed the ship to get too close to Ko Counsel than continued his argu-

p.m. the Officer of the Watch her three to four cables off Tap Slak Silva, Drs. Vargas Moniz, and Gomes ments in support of his application, rey this Court should depart the shore between Binck Point and de Santos, Fathers Sarmento

and and quoted authorities to show that the motion is therefore dismissed Tap Sink Kok. At 1:22 pm. the chip alter course towards land?

the well-set Alves, Mr. H. W. Bradley,

Comdr, Lees: Then why did you of practice. of Customs, Mr. A.

om-the Crown should pay costs when

W. unsuccessful.

The

general rule in

sioner British Vice Consul, Mr. England, he said, was that the Crows

B. Slam.

U.S. Cotton Deal With Spaniards

for

of

1.22

H. Nolasco, Consul for Holland, Mr. neither gave nor received coats, but

Senna Fernandes,

Consul for he submitted this could not be Messrs. Leung Hau-yuen, Chu applied in Hongkong because of u chee, and Tim Sin-tong, Chiu Lap-provision why treated the Crown

many others,

ordinary to re- Macao's troop of Portuguese boy-ceive or pay the costs. scouts and the Boys' Brigade of the

NEW YORK, Aug. 4 (Reuter)Mr. Continuing, Mr. Sheldon said the Warren Lee Pierson, President of the Salesian Institute were also present discretion of the Court should to greet His Excellency.

be Export and Import Bank, prior to exercised

in favour of his clients, leaving for Europe to-day, said that Ships Dressed

They were trustees of an estate and the cotton All ships in port were dressed in entirely misconceived. Not only that, not specifleally drawn froin

be sold to Spain will the proceedings against them were be purchased in the open market, and honour of the occasion, and as His Excellency stepped ushore the band Qut before the proceedings had been stooks.

loan

them which was followed by a salute The Crown pointing out

they

were

Bot

the

persons

SOUR

to Бес the

on

The

rock close to westward

was

Lt. Hale: I was a litic.confident. Have you ever before "altered

miles north-east of Boston. The This was decided report says "not yet serious."

The New York Coast Guard Omes sald that the Cutter Chelan radioet the freighter, who advised that there was a fire in the hold.

at

the Liberal Summer School at Cambridge to-day, where it was stated that the economic disadvantages of parenthood was one of the most powerful factors contri- buting towards the inadequate birth-

rale,

of the latter point. The rock was al-course towards land between Black tinguished, outcome uncertain, Coast a commission of inquiry frame

Channels since normal methods

of Sanid it was difficult to falce

The message added: "Not yet ex-

Guard assistance desired."

Mr. J. C. Cadbury advocated that practical proposal, and suggested that some of the features of the con- Cutter tinenial countries, including Germany and Italy, might well be copied in Britain.

It is estimated that the Champlain will reach the freighter within nine hours.

Palestine Patrol

Boat Sinks

Economic Recovery Depends On Europe

the

Grounded

most certainly that which

appears on the chart about half a cable off the Point and Tap Siak Kok?-I cannot point. The accused was not on the remember. bridge at the time of the

Witness went on to say that when grounding. The ship was being piloted by cydistance by which he had passed Tap accused was on the bridge, the least and the Officer of the Watch had the Slak Kok was one and a half to two accused's authority to make ntions of course as requisite without of five fect, with a beam of 30 feet.

alter- reference to his Captain. This is There were no useful lending marks cables. The Tarantula had a draught evidently tho normal practice in: ships of the West River Flotilla. This between Black Point and Top Stak unorthodox practice is followed in the West and Pearl Rivers and Delta

compass bearings. To do so navigation are inapplicable in such walking over a nine inch wide plank. Sinbad, belonging to the British police economic recovery depend on

necessitated leaving the bridge and

JERUSALEM, Aug. D {Trans waters and the use of the eye com- The standard compass was

LONDON, Aug. (British Wire- bined with local knowledge becomes from the bridge.

Ocean). The coastal patrol boat less)-Prospects of a further general surer guide,

30 feet

force in Palestine, sank near Wadi international situation, declared the Re-examined by Capt. Bridge, Falis, south of Nuthanta Matter Of Plain Navigation

to-day, Minister of Transport in a speech on- Witness said he could not say for cer-

following an explosion on board. It cannot be contended, however,

tain what could be seen from the

One member of the crew, a British Tyneside to-day. necessary or applicable in the locality had not been in the captain's cabin that this method of navigation

captain's cabin with regard to the police sergeant, was killed.

He went on: "If any improvement

age of a vessel through Urmston Road

movement of the ship's head. He

Two of members of the crew of į makes some reduction in our defence seven were injured and have been preparations possible and there ap- pears at the moment no sign of that be interested in

is a matter of plain navigation simi- of course, cotton

A small alteration would.

very substantial alteration of policy arrangement would be

lar to that in any pilotage waters. be bardly noticeable.

Zionist Conference Germany, By making use of fand fixes which already had private

in certain quarters which alone can Crown's Reply

GENEVA, Aug. D (Reuter).-Non-do to believe the result would be mercial credits with the United

with a

No further witnesses were called co-operation with the British Govern-demands for the normal products of which were a riot of colour. Im-

clearing bearing of Red Point for the prosecution. States.

on Chu

Lat Kok Island a ship can be. posing triumphal archways had been

ment in retaliation for the suspension industry, which a better atmosphere Replying for

Accused's Evidenco Mr. Pierson admitted that the Ex-gated through the Road than by eye and he

more easily and more safely navi- erected at various prominent paints Prentis agreed that the Court had port and Import Bank had sub- Further it cannot be said that in this add he had the most complete con- urged by Rabbi Meir Berlin in his

Accused next gave evidence. He and the White Paper policy,

of Jewish immigration in Palestime between nations would immediately of the route, interspersed by smaller discretion in the matter, but substantially

худя bring about." depleted mitted that the general rule of the capacity, but that large repayments local knowledge exceeded that of the he was not on the bridge at the time wing of the world Zionist organisa- festoons and flags.

toaning locality the Omcer of the

irt his officer of the watch. Watch's He went on to explain the reason why ference of the Mizrachl. (the orthodox

opening address at the world In the evening, thousands thronged Crown neither paying nor receiving on outstanding loans were enabling Captain, thereby justifying the Ac- of the grounding. He would like to tion).

brilliantly-lit streets in holiday costs should not be departed from. the bank to assume its part in cused in leaving the navigation solely make clear first of all, he said, that

It had been stated, went on Mr. Anancing the Spanish deal.

in the Officer of the

Rabbi Berlin urged the Jews of the Between

there was no question of his trying world to mobilise to fight against the kong

the worst danger to be avoided as and Hong-to

to run away from his responsibilities, curtallment of historic Jewish rights in clear weather is the rock

as a captain. off

in Palestino. Explaining why he had complete Sink Kok, In spite of this, howe

He declared that immigration must and the small clearance being given conadence

his officer

of continue despite the artificial restric-

that He said that the shipments of 19 guns from the Artillery Battery, ought

were who expected to start immediately, with Upon leaving the wharf, the Gover-notice. In

Tu be served with the chippers benefiting from the export nor inspected the Guard of Honour Crown proceeded with the cast, with

spite of that the subsidy, drawn from the Infantry Regiment, the result that the applicants were be three and a half per cent.

Interest on financing will probably under the command of Capt. Silva brot Carvalho,

brought before the Magistrate and

Questioned with regard to the pos- convicted. They subsequently came ability of similar arrangements with The spontaneous enthusiasm on the to the Appeal Court and the Crown other countries, Mr. Pierson said that where the ship grounded. The pilot when there had been an an alteration sent to hospital in Haifa. part of the local Chinese community then agreed that the charge which it the only other country which might exceeded all previous Before the Governor drove away, a

occasions. had brought would not be upheld.

circumstances, long string of fire-crackers was set applicants should get their costs.

His Excellency made his way his residence through streets

off.

arches of

the

mood in order to attend. the dragon'

and fish lantern processions, and to view the Chinese outdoor shows and Areworks display.

A banquet took place at the Hotel Riviera and marked the end of the dny's festivities of welcome to s Excellency,

C.N.A.C. SCHEDULE Effective immediately, C.N.A.C. de- partures for Hanol and Kunming trom Hongkong will be on Fridays Instead of Mondays.

The hour of departure and fight connections remain the same as the present schedule, the only alteration being that the day of departure from Kal Tak is Friday and not Mondays.

METROPOLE

3

ROOM BATH

FROM

$6 -

CENTRAL

CLEAN

"COMFORTABLE

Under the

the

the Crown, Mr.

such

its

Van Zeeland Heads New Refugee Organisation.

SPECIAL TO THE "TELEGRAPH"

com-

Prime Minister, has agreed to become head of a new body, set up by LONDON, Aug. 10 (UP)-L. Paul van Zeeland, the former Belgian the United States, Britain and other countries Interested in refugee pro- blems.

The new body is being formed to negotiate with Germany for the orderly emigration of Jown.

combined

Bocca's hands.

con-

to this danger, the Accused railed to the watch, accused said that that tions. All Zionist groups should for be on the bridge while passing it. officer had taught him, for example, Ket their differences and form a united

T

to take his ship so close to the river

gap

front to combat the British Govern-

Opium Suppression

In The Interior

I consider that as Captain of the bank in order to get under the tele-ment's new policy. ship the Accused should have regraph wires stretching. across the mained on the bridge after passing Black Point with the ship heading show to get through a 30 yards

river. Не had also shown accused close inshore, Had he done so he would have observed that the ship in a strong tidal way between one was getting too close to the land, and bunk and rocks, which necessitated would have been in a position to tatto immediate alteration of course. They steps to avoid it. His failure in the had also been through a

Chinese above respect constituted, I submit, a village standing on piles on either Report On Immigration Palestine, Australia and

grave neglect of duty and contributed side of the river, leaving a channel -South towards the grounding, rendering him of about 30 yards in which to get Geneva, Aug. 9 (UP).-The High, the refugee problem.

America were main contributors to guilty of the charge preferred against through. There was a 169 degrees Commissioner for Refugees, Sir Her- of refugees who left German terri-

The number him.

turn in the middle of the village and bert Emmerson's report, issued to tory in 1930 was not less than 120,000

the maximum tide was six knots night, said, "The only Country in and some estimates any 140,000, many..Lt. H. F. O. Hale was then called. both sides.

Lt. Halo's Evidenco

There were also rapids and rocks on which the settlement groups are on of whom have not yet found per-He said he wax officer of the watch

Don't Want To Run Away considerable senle is Palestine, but manent homes or obtained permission on the Tarantula on the afternoon of there is a passibility there will be to earn a living, but, "probably at July 11. Accused came on

From Responsibilities other countries under the continued least 60,000 who left German terri bridge at 1.22 p.m. when the ship was run

to tho examination."

tory in 1838 have found new means off Block Point, about four He said that the United States, of itvelihood,"

cables away. The compass course was S.

CHUNGKING, Aug. 10 (Central). Generalissimo Chiang Kai-shek, has given special powers to General Wang Tran-hsu, General Ldu, Wen-hul and Mr. Wu Ting-chang, Governors of Szechwan, Sikong and Kwelchow respectively, in opium suppression in thole provinces.

The three Governors are cati- powered to command, the troops

away from my responsibilities. "As I said before, I don't want to stationed in their provinces to arrest

PLEASE Turn To Pago 4.

opium hourders and traffickers and to punish magistrates for inefficiency in oplum suppression work.

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