1948-07-22 — Page 5

THE WOOD MURDER CASE

Appeal Against Against Convictions

Rejected

The Full Court of Appeal, comprising Mr Justice Gould (acting Chief Justice) and Mr Justice Reynolds (acting Puisne Judge) this morning in a written judgment refused the appeal by Lau Hoi alias Lau Yung-hoi, and Ho Cheuk-kul against their conviction and death sentence for the murder of Lytton Bevis Wood on February 11.

THE HONGKONG TELEGRAPH, THURSDAY, JULY 22, 1948.

ONLY

Choosing The Man

Right Sort

And

Accused Of Rape TODAY KING'S Intent To Assault

AIR-CONDITIONED

Of Husband

to

July 21-Advice London, schoolgirls on how to choose, catch and keep husbands was given by Mr H. Watney Master, Chairman and Governor of St Paul's School for Girls, when he attended the annual school prize-giving at Hammersmith yesterday.

Io sald: "Don't be too forward

Allegations of rape and 'assault with Intent to rob 22. were made by the Crown against Chung-Yim-hung, unemployed, when his trial opened before Mr Justico" Reynolds (Acting Pulano Judge) at the Criminal Sessions this morning.

Chung was charged with having carnal knowledge of Poon Ng-mui, 22, on May 10, without her consent; and with assault, whilst being

or too backward. Avold the book-armed, with intent to rob," worm, who will be more interested. Mr Blair-Kerr (Assistant Crown in his studies, avold the boy with Solicitor) assisted by Det.. Insp the parted hair and the lovely pro- Matches, prosecuted. Accused was Allo who will always be asked to not legally represented.

and parties by your girl friends, nvold the ultra heavy sporting type, who will make you a golf, cricket or beer widow.

The Jury empanelled Included two women members.

Storm In

A Teacup

Mr Blair-Kerr told the Jury that Woman Acquitted On

Bus Fare Charge

"Choose a man in a steady job, the victim of this alleged rape and oven a Government civil servant robbery with intent to rob was Mr D. A. L. Wright (instructed appollant then went into the wit-they can be quite human at home.young woman named Poon Ng-mul," An old fashion taxi is still a aged 22. At the moment, he said, by Mr P. J. Griffitha) was for tho nens box and gave his story to the appellants and Mr A. Lonsdale Judge, who, for this purpose, was good place to get the chosen male she called herself the kept woman (acting Solicitor-General)

the tribunal of fact as well as law, into a situation where he will ask of an Indian in Ma Tau Chung Crown.

having to decide whether or not this to marry you, but, if in doubt, ask Camp, Kowloon City, and she also had admitted in evidence in the was a voluntary statement. Last-Mother.

lower Court that prior to this she

for

the

ly it is clear that, once a statement has been admitted, the question of

con-

1. that certain statements of the proper the same evidence to enable

accused were wrongly admitted ira evidence by the trial judge.

2. that there, was four and non-direction of the jury on cerning their allegations of having been beaten and Ill-treated while In police hands.

RELEVANT FACTS

The only facts which are relevant

cach

"How to treat him when you've

Bruto' wtl1

PROFESSIONAL

treated and beaten by the police and where the ruling by then only smokers had

made his statement as a result ofave been made on the basis that estreated.

the sintement is admissible such ill-treatment and in fear of y

rejected the

the evidence of further beating. The evidence of the

treatment or

or inducement, or

CARRIER

was a prostitute.

WAS

tho

to

0

PIERRE

鹪 Describing the case storm in a teacup raised by bad tempers on both sides, Mr Hin- shing Lo at Central this morning acquitted Mrs E. M. da Roza of evading payment of bus fare, holding that the ac cused never meant to defraud tho China Motor Bus Company of 80.cents.

Ng Sum, bus conductor, said that two days before the Incident of the chargo, Mrs Roza had caused him great inconvenience. Travelling to

first appellant is rather confused but any such clrcumstances had existed | Chan Kit, 29, unemployed, wos fined she did not. Accused then asked Poon door for a

The text of the judgment follows: The two appellants in this case anked leave to appeal against their convictions for, the murder of Lytton the weight which is to be given to got him? Feed the holds good."-Reuter.

NO DISTINCTION Bevis Wood on the 11th day of it is one for the jury, February, 1948. Their applications There is no doubt that, in many

"The law draws no distinction were treated as appeals and counsel casen, where the judge has

whatever between any classes of the for both appellants based his argu-sidered the evidence and decided

statement

community, particularly as regards is admisalble follow- that ment on the two grounds

a charge of rape," Mr Blair-Kerr de- having been made voluntarily, It is ing:

clared. "Prostitutes are entitled to for the Jury to hear

and OPIUM

protection of the law in just as full | them to determine the

the weight to be

a manner as the most moral persons Queen Mary, Hospital from the attached to the statement. For "You are a professional carrier,"

amongst us."

ferry, she gave him a $5 note. Just example, the judge might have enld Mr d'Almada

at Central this

change found that there was an inducement morning when he sentenced Lau

Continuing, the Assistant Crowns he returned her $4.70

and a ticket, she produced 30 cents unemployed, to Solleitor said that about 8 p.m. on from her handbag and tendered that, by a person in authority but that it Kam-chuen, 22, was based on spiritual grounds only; four months and recommended him May 10. Foon was waiting for her when he returned her $5 note, sho

Wong the statement would not thereby be for banishment for possession of Indian boy friend In Sung

seemed to be reluctant to take it carrying Tol Road. Sho wan rendered inadmissible. Or again, one and a half taels of raw oplum

and ho had to place It on ber hand- a gramophone which she

bag. This annoyed him as he was return to him to the grounds of appeal are that the there might be persuasion or in- at Ping On Wharf yesterday.

going to ducement by

She very busy attending to other passen- person not in a posi-

half appellants while in pollee custody tion of authority which similarly

Defendant said he was a travel-waited for about two and made and signed statements which would not exclude the statement. ling trader and someone asked him hours but her boy friend did not gers, and it seemed that she did it were

put in evidenco and formed in each of those cases it would Le to carry the oplum achore.

arrive. Feeling restive, Poon walked purposely.

REFUSED TO PAY vital parts of the Crown's

the case proper for the jury to consider A fine of $900 or six months was round Sung Wong Tol Road to the against

accused. Each of the wh

whala evidence

On July 18, Mrs Roza boarded the appellants alleged that be was in weight. idence on the question of imposed on Chan Chlu, 27, for keep-Camp to look for him. When about

position ing an opium, divan at 108

floor. Six whom she later up, a man, bus at Queen Mary Hospital for

Des 60 yards from the that

Vooux Road West, first

their $30 ball each accused, came up from behind her, town, the conductor went on to say. caught hold of her arm, produced a By the time he reached her to ask for the fare the bus was near the revolver

threatened her and For keeping a divan at un w that

if numbered hut in Jardine Street, keep quiet or he would shoot her if cemetery and he had to open the

the After not operate in the mind of $750 or three months.

Defendant for her valuables and she said she the accused and the statement was had a Police record. Two smokers did not have any. He then searched giving the signal for the voluntary notwithstanding them?

her and found two keys which she proceed, he asked Mrs Roza for the were each fined $30.

fare, but she refused, saying that GENERAL PROPOSITION

ald were keys of the house. this time he saw a watch on her he had trod on her shoes and solled No authority directly Jearned

this 00

It was quite possible that trial judgo but, though it was at point was quoted by counsel.,

wrist and asked her to take it of them, The

he did so as the bus was crowded, above

She refused. first proposed to send the Jury away general proposition as

but he told her that that was on- while it was taken, counsel for the forth is that admissibility is for the

"Accused then asked Poon whe-other matter and she must pay her defence requested that they be per-judge and weight for the jury. But

ther she was married," Mr Blair- faro She replied that she would mitted to remain and they finally where the judge's anding on the

Kerr went on, "and Poon said Yes. wait for the bus inspector to arrive, did so.

Having beard the evidence facts

admissibility regulating

of Alfredo Augusto Custejo of 14 He then asked whether she would for she knew many of the Inspec

She refused him three times accused that certain things hap- appellants, the learned trial judge the

she remained silent. Ac- to pay the fare and as no inspector rejected the allegations of the nepened or is a finding that though d'Almada at Central this morning at this

came on board he took her to the cused, ruled that the statements such things happened they had no for driving car No. 1487 without duccused continued to ask her pro-

Police Station. were voluntarily made and accord-effect on the mind of the accused care and attention at Upper Albert mising not to

to take ony properly from

A student, Choi Tin-wel, gave ingly admitted them In ovidence, when making the statement, in it Road

her if she consented, and also to say May 31.

Police said

out it. To this she finally corroborative evidence, saying that i In his summing up he referred to proper for the jury again to con-

Inspector Ferrier

Mr Blair-Kerr reminded he heard the two quarrelling and the matter as follows-

sider that evidence on the question bus was going from cast to west "Dealing with the datements

of weight? made

If it is so, then it is when defendant cut into the path of the Jury that all this time accused that when the conductor asked the by the accused-I will refer to these open to the jury to hold that the the Police bus. The driver had to had this revolver in his hand which woman for the fare she said the important datements-limited the Judge was wrong and should never brake violently to avoid an accident. Poon said was pointed at her. On would wait for the inspector. You before I

A caution was administered to accused's instructions, Poon undress- statements to be read to you, certain have admitted the statement. They

in evidence was called. Before I admitted would

as Roberio Augustus, of the Hongkong ed, and the sexual relations took them, I had to be satisfied that they the

place. present be considering Electric Sub-Siation, Kennedy Town, were made freely and voluntarily, not

the same question as for driving without due care and under duress or not induced by threat

been before and decided by the attention at Morrison Hill Road on

There

arines hero

June 0. 110

he alleged that one of the papers

he signed was

only

the trial AL

the

blank evi-

they

passenger to board.

tho closing

door

and

bus to

as

of the

sheet. dence

this un bearing on the

admissibility statements, was heard by the

CAR DRIVERS" OFFENCES

At

on the paint, including that of the directly negailves the allegations Conduit Road, was fined $30 by Mr have sexual relations with him and tors.

or promien by somedan in authority. hay

I had to be satisfied that that was judge.

statements-to-be put-in-ae statements made by the various cured."

20-

п

such

on

su before I permitted it to be read. question of degree-it is not open Defendant was driving lorry No. I was so salised and permitted these to the defence to say there may 6010 with a Police vehicle travelling have been some fear in the minds of behind him. He suddenly turned the appellants which affected their right without warning. statements, but not of such nature "Now, when you are considering thes statements, you believe the accused to induce the judge to rule that

and a little later:-

becativo

As to the first ground of appeal.

judge, to be exercised in accordance

any

should hear the

a case,

INTRUDER APPEARS

the give

man

$1

as the

WDS

сола man who

her

of

the

for tho

DEFENDANT'S EVIDENCE Mrs Roza claimed that the ducior was a vindictive had falsely accused her, The in- cident of the $5 note took place about ten days before the present After a minute or so, they were disturbed by a third person, who incident. On July 18, the conductor shouted to them "Don't move. never approached her for the fare,

the Accused then got up and producing although she

money his revolver in turn told the intru-hand, She tendered the fare, but 100 der not to move. The other man, he did not collect it as he was

unarmed, then

She did stepped busy quarrelling with her. or if you think he may be telling the they were inadmissible as not being appears that the judge left it to the who was

forward. A discussion about "Lat soy she would wait for the inspector, truth when he tells you the statement voluntary. The conduct alleged on jury to say whether the statement he made is not correct on regarde his the part of the police was FO was true, which is not the same Sze" (Lucky Money) then followed but that was because she wanted to Pully because apart from these tato blameworthy that if the judge had as saying whether it was voluntary, and it was agreed that Poon should report the conductor before paying

second apart from the interjection

and certainly it was not be- part of it he must but

fare, ments, the evidence, consider, has accepted

Sze". After the money cause she wanted to evade payment. not reached the standard which will without

have ruled hesitation

quoted above the report is of Do

o the had been pald two constables The Magistrate said that, although entitle you to find Any

Assistance as it does not show the accused the statements were not voluntary guilty-far from it. 1, however, you

If counsel for reasons of the judge for admitting arrived, and on seeing them, accused he accopted the ovidence think the evidence of any accused and rejected thent. Just a pack of flos, then the previous the appellants is right, the judge the statement. Boyle v. Wiseman 11 was alleged to have flung away his conductor that he asked

He was, how fare and the woman refused to pay, statement made by him stands for your must direct the jury that he has Exch. 360 was a case in which the revolver and fled. consideration as an admission to be considered the allegations of the question was whether a certain ever, caught after a short chase and he believed that she had no frau- given auch weight as you think

the dulent intention to avoid payment, deserves having regard to the circum- accused and rejected them completo- document was an original or who- the party was then taken to

it

The weapon was but really wanted to make a com- made Lely, the

that has admitted

ther plaintiff could give secondary Police Station

later recovered.

plaint before she paid. She should the weight or value that you attachments in evidence as having been evidence of it. It was held that the to the statements. It depends on you.

madalatesst

of the free wills duty of the judge was to hear the You are to decide what value you

Mr Blair-Kerr said the revolver have paid and then made her com- evidence on both sides and decide which was fully

The conductor should have plaint. that never- should attack to these statements of the

loaded had boen theless they might on the mme the point and if he decided that the examined by an expert who found been less aggressive. It was unwise JUDGE'S DISCRETION

evidenco find him to have

to quarrel with anyone, but more been document produced was, an original

50 with a woman. wrong and that the statements were that it must be admitted and the had been cleaned since it

Hc acquitted Mrs Roza, but that the statements should not have induced or affected by fear. Surely secondary evidence excluded. Parke, last Bred.

such been admitted at

Summarising, Mr Blair-Kerr sald warned her not to quarrel again at all, it is only it is more reasonable that the direc- B. said (at p.363) "I witnesses that the Crown's case was that ac-and warned the conducior to be less necessary to say that the matter was tion should be that the statement is the

Length for the purpose of de- cused went there alone; he went aggressive with ladies in future. In the discretion of the learned trial before the jury as one made volunting whether the document ten-there with the intention to rob, he

ice tarlly,

ily and

that all. questions of

Mr D. J. Banfield, for the China with well defined legal principles. weight are for the jury but on that dered is the original; and if he is had a fully loaded revolver in his Motor Bus Company, pointed out It has not been shown that ho exer-basis-the jury should consider all of opinion that it is, that document possession which he threatened Poon the fact that the Company could cised his discretion wrongly or un- surrounding circumstances including alone must be read to the fury" and asked for her valuables. He not guarantee to have an inspector reasonably and in fact it is

the standard quite

of intelligence and It is not for a moment suggested searched her person and found only on board a bus on every trip and obvious that he directed his education of the person making it. that the jury might consider the a wrist watch. He balanced in his it would cause a lot of trouble if mind to the matters proper to be the actual contents, to what extent matter again as a question bearing mind the value of this watch with passengers refused to pay considered and decided the ques-corroboration is provided by other on the weight of the document and the pleasures of the body and at the inspector arrived. Lion upon evidence which

matter, but should disregard any fact not the original and deprive Jury the law on rape. There was

that it was in point of the gun chose the latter. his province to consider.

Mr Blair-Kers explained to the of weight accordingly. Tho Upon the second ground it is sub- allegation that it was not a volun-it

secondary evidence which the other no rape if the woman consented but mitted by counsel for appellants that tory statement.

however, party desires to submit is in his summing up the learned trial

DIFFERENT CASE

bo com such consent must

voluntary and of her own free will. Judge should have directed the jury

The type of ease mentioned earlier pletely excluded.

Trial is proceeding. that though he had admitted the in this judgment viz, where the in- statements in evidence as having ducement was only on spiritual been voluntarily made, they might grounds or made by a person not in

Court tot bait of the evidence

at US$5,000 and take a different view on that point and só gìvo much authority is distinguishable from the that it is open to the jury to take a

loss present in that the former involves

paroled him in the custody of his defence counsel, 'Abraham Unger. weight to the statements Counsel

later that Irving argued that fallure so to direct no resection by the judge of evi- which the judge has decided that thei

Unger said dence as to the fact of Inducement-

Potash, manager of the Furlers definito terms was a failure merely a finding that the Induce-

Joint Council, would surrender at to put

The

(Centinued from Pare 1)

10.20 R.M. Thursday (tomorrow). Ha. submitted further required the exclusion of the state the summing up under consideration.

Potash

New vacation in that the learned judge had insuffi- ment within the established rules of But the Court takes the view

The Grullists in the Assembly England. clently traversed the facts as to the law or practice. As has been the true principle is that where the 90 are against M. Maria because ho

The FBI agents who arrested Carl alleged ill-treatment and in one ins-pointed out, no such question of na- judge has heard evidence, either in hos taken a very critical line

Winter. Communist Party chairman tance on a point of fact bearing on ture or degree arises here where the the presence, or more properly in the General de Gaullo in public speeches in Michigan. In Detroit last night the same subject had mis-directed admission of the statement involves absence of the jury, and upon that

Outstanding personalities expected said they wore still hunting for the jury. These are only different complete rejection of the allega evidence decided that a statement to be invited to form part of M. Robert Thompson, chalyman of the aspects of the suma "matter.

tions. If counsel for the appellants was voluntarily made: In that Marlo's Cabinet, if he succeeds in 'ONUS ON CROWN It is well established that it is lows that every accused in the all the influence of ill-treatment or Paul Ramadler, the present Foreign chairman of the Communist Party in low met in his submission, it fol-was not made as a result or under forming one, include the ex-Fremter, New York State Communist Party Gilbert Green, Chicago' Communist der M. Schuman, the ex-Premier, M. district chairman, and Gus Hall, a matter for the judge to decide too frequent cases in which the threats, it is not proper for the

like allegations whether, nỹ statement made by "an | 11150,

are modo will be to consider again upon:

Minister micr,?

M. Georges Bidault, and Ohio-United Prets... matter person is admissible in entitled to have the admissibility of of weight the evidence as to the fact the

M. Paul Reynaud. * accused ovidenco or not ho decides that his statement fried twice, firstly, of such Il-treatment or threats, It was made because of threats, by tho Judge.

alone and then by the where the only conclusion which theAll these are reported to by Jury. This

posable

candidates for the Foreign violence, fear or Inducement by

Js not the view inken jury could come to which would be Ministry. The-present: Finance some porton in authority, he will by Hilbery: J. In R. Cowell 27 favourable to the accused is that the Minister, M. Bene Bayer, might be roject it. The onusB

C.A.R. the is on

Mantia, July 21 tropical de ill-treatment and threats or some called upon dos head how Ministry ortho (at Baga

to deal with the application of the Pression was reported today by the Local Weather Bureau to be deve- loping some 500 miles east of

Island. “M.“Mario” RESupporter southern

in

it was evidence and any

other

relevant come to a decisioni

TRUE PRINCIPLE

If the proper direction in law is different view of the evidence upon

statements have been voluntarily mado sufficiently clear to the

Jury in that

defence of the ment was not one of a nature which de, it may be that this was not:

was made, voluntarily and it that

ur

the

Jury

the

Coucounsel; port: therbot had in fact been exta-

Marie To Form

Cabinet

Crown to show affirmatively that it shut When enake was blished by the evidence, that the Marshall Plan in Franco, ed

the

at that the judge had been wrong

tro

bé

Indictment Of

US Communists

(Continued from Page 1)

18

on

TROPICAL

DEPRESSION

the

nt 10 miles

or not the legal principles applicable and of the barshall Plan, and was r that statement wasnterfected. "But" | admitting it in evidenca. Upon this sponsible for: the: Paid Holidnys | move; west-north-Waid, adding

the Bureau

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onus is not tellscharged the state- wrong also in leaving to the statement was not voluntary within ment will not bo admitted.: 1121s | Jury. finally to any whether further the law. the function of the judge to do which Hübery. A elde the facts which will determine that want more than the appellant basis the summing up was more Bill paised in 1996 when he was por the queation of admissibility In was entitled to It gave him an favourable to the accused the

accused than it Under Secretary of State for that it couldnot yet determine

Next Change: "RELENTLESS" Foreign Affairs in M. Robert Bar whether it may develop into a Diat extra chance of escape. From the need have been. Pad, Humphraselor mei statement-of-facie in that casolt de The appeal is accordingly refund í raut's. Cabinet Routers wedokan

R. v. Hammond

hour

typhoon--Reuter..

In Technicolor

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