1948-07-26 — Page 5

THE HONGKONG TELEGRAPH, MONDAY, JULY 26, 1948.

Argument Over |Held In

Legal Issues

In Cowie Case

Further argument over a legal issue in a claim for damages brought by William Henry Cowie, ex- Sub-Inspector of the Hongkong Police, against the Hongkong Government for alleged breach of con tract for wrongful dismissal was heard before Mr Justice Gould, Acting Chlef Justice, in the Supreme Court this morning«

4

The Attorney General was named as the defen- dant. Mr B. A. Bernacchi, instructed by Mr Y. H. Chan (Te'o and Hodgson) appeared for the plaintiff, and Mr A. Lonsdale, Acting Solicitor-General, was for the defendant.

French Lady Knocked Down By Bicycle

A French lady, Mme Degrand, staying at the Gloucester Hotel, was seriously injured in a traffic accident this morning.

It appears that at about 11.50 a.m. Mme Degrand was attempting to cross Queen's Road at the Junction of Ice House Street when she was knocked down by a bicycle.

In great pain, and with her legs apparently fractured, she was made as comfortable as possible pending the arrival of an ambulance, with a covering to protect her from the rays of the sun.

No report was made to the Police, but Sub-Inspector Reynolds bf the Traffle Department happened ten minutes to be passing about after the accident and at once took charge.

As the ambulance sent for ap- peared to be a long time in ar- riving, Mr Reynolds rang up for the Police ambulance. Before the latter came, however, he was able to stop a passing ambulance (which was empty), into which he put the injured woman.

Mens. Degrand accompanied his wife to the Queen Mary Hospital.

Passed Money To

A Prisoner

For passing $3.40 and two elgarettes to a prisoner, Li Chau, a 20-year-old hawker, was sentenced to six months by Mr d'Almada at Central this morning. Defendant had four previous convictions.

Inspector Moran sald some pri- 6oners were under escort on July 24 outside the Victoria Remand Prison,

Mr Bernacchi sald he had no objection to the proposed Amendment to the pleadings by the defendant.

Ho submitted it was difficult to argue when the Court was only pre- pared to hear arguments on agreed facts. It had been suggested that plaintiff should have proceeded by tarle of ecrtiorari, and not by natural Justice.

Counsel cald that if the. Court held for the defendant on the ques tien of res judicata (an issue that has been settled in a court), then the question of natural justice would not arise.

in

A

The Court would have to decide on three points: 1. That there is for the Crown a complete estoppel That DA pleaded. 2. terms there la

partial estoppel and that the proceedings before the Board of Inquiry may be ad- mitted as prima facie evidence for the plaintif to rebut. 3. That there is no estoppel at all

COMPLETE SURPRISE ·

Counsel said that if the Court decided in favour of the planif, then the question of natural Justice did not arise. If, however, the 'Court held for the Crown on point 1, then the Holding should be subject to decision on pomt 2.

Rightly or wrongly plain never contemplated a plen do jurisdicilon, Counsel sald. He was by no means ready to argue the point. It was a complete surprise to hirn and he would be embarrassed if called up- on to argue.

Was

Wife Child Bludgeoning

Maiden On White

Stallion Said To Be Leading Rebels

Rangoon, July 25-"A beautiful young maiden, flying through the night on a pure white atallion at the head of a column of Burmese bandits"--this is tho description given in the Burmese press to the activities of Ma Khin Nyunt, leader of 300 rebels who are at- tacking police outposts and convoys in Central Burma. Ma Khin Nyunt, or the Lady of ----- the White Horse as she is called, the Rangoon made headlines in popers following two successful at- tacks on Government outposts the troubled Yamethin district be- tween Tangoon and Mandalay, She was fitet heard of, however, in the carly months of last year-long be- fore the outbreak of the present Communist insurrection

in

Europe's Outlook For Food

Mr Lonsdale said he had no ob- dection. He thought the point had been fully covered in the pleadings. Early in 1947, when the late H

interin Government Washington, July 25-The There was no res judicato, Coun- Aung San's

insuo was faced with sel submitted, because the before the Court was whether there down of law and order, the autho- Buch misconduct as would rides launched "Operation Flush" justify diamissal of plaintiff. The only to discover that some of the issue before the Board of Inquiry fiercest opposition camo from a was whether plaintift was guilty of woman rebel. conduct calculated to bring public service into disrepute. The offence could, in fact, be very serious, or could, In fact, be hardly anything at

all.

ISSUE OF CONDUCT

that a policeman He submitted

Sheriff's officers of two counties hold rocks which Sheriff Tom Warnock (left) said Wayne Williams, 31, (scated) admitted using to kill his wife, and injured a 4-year-old child 'which was left for dead near Everett, Washington-AP Picture.

IMMIGRATION

OFFICER WAS CROWDED OUT

Twenty-three women and four men were each fined $15 or three: days by Mr Cairns at the Marine Court this morning, for approaching with-their-sampans to within -- 39- yards of the 5s Mul Lee whilst the vessel was still flying the immigra- tion fings. Two of them were Ened, an additional $10 each for making fast to the Mui Lee whilst under

...

A

Sub-Inspector Nippard reported that the congestion round the ves a serious break-United Nations Food and Agsel was so great that the Immigra-

Ilon Officer himself had to uso riculture Organisation, in 0. sampan to get on board as there:: report. on the European food was no room for his launch to ret outlook for the next three years, along side. tempered optimism about the good harvest expected this sea- son with the warning that even a complete success of the con- tinent's ambitious agricultural programmes between now and 1961 will leave many people

ESCAPES CAPTURE

Every effort was made to capture the Lady of the White Horse, but she was always one jump ahead of Government forces. A military spokesman, who described her as virago," said ber success in evading

the

EXCESS PASSENGERS The mistress of a sampan

5

At 2.30, 5.15,

Cande

5207 9.30. pim.

TO-DAY

ONLY

KING'S

AIR-CONDITI

SUSPENSE!

That turns your heart to a hammer-beat!

Darrylif. Zanuck

DANA ANDREWS

Boomerang!

ELIA KAZAN?

JANE WYATT

LED

COBB

wwwỶ LOUIS de ROCHE MOVIETONE NEWS

TOʻMORROW

SHOWING

TO-DAY

HELLZAPOPPIN

OLSEN

JOHNSON

MARTHA RAYH HUGH HERBERT::'MISCHA÷AUER ZUA JANE FRAZIL ROBERT PAIGE 30 CONGERODS

Queen's

MOKED

CAULFIELD

At 2.30, 5.15

7:20 & 9.30 p.m.

ADDED SPECIAL NEWS OF THE DAY:: EARTHQUAKE DISASTER IN JAPAN)

1.

WGS

2.

TITO, THE TRAITOR?

ned $30 or two weeks for carrying

25 excess passengers.

Arbuthnot Road, when defendant slipping on a banana.. skin would law was due to the assistance undernourished, particularly in tative of the Chakuling kal fóng

was seen passing money to a prisoner named Fu Ping.

Defendant said the prisoner told him that he was being banished and that he did not have any money, so he (defendant) just gave him a few dollars.

Man Gives Vent To His Rage

bring public service into disrepute.

no

sha... received ..... from. other canga south-eastern. Whatever dificulty she was in, she Europe. could always muster a sufficiently strong force

Burmese

"

Defendant pleaded that the ras- sengers wore a troup of actors and actresses and did not pay fare. Sho Chakuling to Yeumati. A represen was bringing them back from

and Central: (Village Elder) was in Court and

stated he had been Instructed by. Mr Justice Gould said he did not

1 the SCA to speak on behalf of the of her own or other agree with Counsel there. It might,

and to ask player

107 The report was based on a FAO troup of gangs to fight her way to safety. however, cause temporary ridicule.

of leniency for the defendant. study of all avaliable plans Today, after 18 months of

the Mr Bernacchi asked what about

Mr Caims pointed out that cum European countries for improving a policeman who was improperly uaigning against the forces of law food production supplies. It was

fact that they were not fare-paying be conduct and order, Ma Khin Nyunt is more noted that the programmes generally that

passengers made no dressed? Would

difference. The that would justify dismissal? active than ever. She heads a band call for planting on a prewar scale number permitted by a licence took The issue before, the Court was of adventurers and malcontents, by 1950. Net imports of food grains into consideration the safety of whether conduct was such as would armed with booty left by

the and meat are substantially larger passengers, Defendant had corried Justify dismissal, and this was a Japanese.

stion of fact.

She operates in thickly forested than before the war, a 50-75 percent 40 persons when she was allowed Counsel referred to a number of urens, where some of the Govern increase in the use of fertilisers and to carry 18; almost three times li

number. If there had been an ad- eldent possibly many and submitted there was ment's richest teak reserves afford increased use of machinery,

lives would Doppe

ample cover against attack.

But the report said that while have been lost. The Lady of the White Horse, The Board of Inquiry was directed

Fleading guilty to a similar to one point, he said, mainly the still in her early twenties, is un-Europe may buy less food from the

United States and Canada in the next offence, the coxswain of the motor. ran a ferry Sub-Inspector Winch of the Police, charge before it. It was not directed doubtedly helping the driving slowly along Island Rond on towards

the point whether mis- Communists in their battle against three years than in the first three bent Wah Lee, who

Government, but there is postwar years and less machinery service between Hongkong and Chi- Sunday knocked a bamboo pole on, conduct was such as would justify the which a gardener, Shing Tin-sung,

"even if these optimistic plans aro On the question of capacity, the thing to prove that she is over and fertilisers form. North America, kuling, was fined $100 or one month

Interested In the political issues that

for carrying divo excess passengers. carried a rattan basket. A bottlo of Chinese wine in the basket was hearing before the Board of Inquiry are being thrashed out in the Bur-fulfilled and production and import He was licensed to carry 18 and had

moals: ac

achieved the pattern of food

29 on board. He pleaded that three smashed and in his rage, Shing was between the Commissioner of mese capital.

consumption considered from

were children. Imposing

the fine. LADY OF THE HIGHWAYS

nutritional point of view will remain Mr Cairns, remarked that, as de picked up a stone and threw it at Police and plaintiff. Here, it was

Records show that she is pure unsatisfactory in many southeastern fendant was maintaining a ferry the car, breaking the rear window between the Attorney General and

plaintiff..

and simply a lody of the highways and Central European countries, service, It was most important that Government convoys, merchants including Germany."

he complied with the conditions of NOT FINAL JUDGMENT

and ordinary travellers are

his licence. Where there was a change in meat. She is by no means a female

TOO NEAR SHIP Robin Hood, but of the

For approaching within 30 yards Mr Hin-shing Lo to pay Inspector hetual capacities of one

find her romantic story good "copy" was a

The FAO report said, "While the Winch $20 which was the estimated parties and where there

total calorific level diet will be of the a Po Yang, the mistress of change in the personnel, even though for their readers. damage.

An enterprising tim company almost back again to prewar quality a sampan war fined $15- or threa the second person be the agent

the chance to the diet will be generally still in days. She pleaded ignorance of tho the Prosecution's of the first and vice versa, that has seized upon According to

on the ferior with bread bulking large in regulations, and said she was taking statement the incident took place was sufficient to prevent an estoppel, portray the story of Ma

they have rum up the diet and livestock products and a passenger to the nhập. near the Lyemun Barracks

One of his strongest reasons why screen, but

as fats and oils small." It added, Shlog's bamboo pole hit the near there was no estoppel was that the the authorities frown on any undue' other countries, however, mainte

against censorship dimculties, decision of the Board of Inquiry the was not a final judgment and/or emphasis on crline. The original Western Europe and in one or two TWO TRAVELLED there was no jurisdiction in the title of the film, The Lady of the countries previously. oh very

White Horse, is to be changed to levels, the nutrition average quality ON ONE TICKET and ordin. / Woman Patriot." and it is to end of the diet may reach or exceed pro- |

pane.

At Control this morning Shing was bound over in $100, for a year" for malicious damage and ordered by

and

side handle of the car's rear door.

Helpful Guide

dismissal.

For Businessmen

Anal

"The

he

the

hor

nowspapers

INFERIOR DIET

low

Board to reach a Counsel submitted.

'A' brother and sister who shared ance did not, give power

to the on the theme that crime does not war standards by 1950 or 1051.

The repaid:

discussing Import re- a monthly tram ticket between them Commissioner of Police to set

up pay.!

Partial restora-

were both arrested on Sunday. So a tribunal with power to reach a Although Ma is regarded

An Bur

Bur quirements, judgment. Actually, set ma's Number 2 woman dacolt, she ton of prewar exports of grain from ying, 20, the girl, was charged with upu Board of inquiry to report to.

to is not alone in the Geld,, In Mying-Danubian countries and of livestock using a ticket not issued to her products, from some countries in and So Tol, 30, with transferring Thất very informative and handy him its findings. The Board of yan, another district of Central northern and eastern

Europuire ·||

will his monthly ticket. reached a verdlet

day. Inspre At Central Court today, bul Burma, two women insurgents, both only partially meet import guide to the Colony's, businessmen, Inquiry The Hongkong Exporter and. For nothing equivalent to

what

was former Government school teachers, ments elsewhere in Europe, an tor Hill stated that a tram, inspector, Eastern Importer, has just made a known as a judgment to set up decided that the sword was more

"The, schlove-Lou

Ying Wal," discovered. So welcome reappearance.

trom estoppel.

remunerative than the pen, and ment of

programmes will travelling on a Shaukiwan

with a ticket that was issued to p Complied and published by C.M.

Hearing was adjourned until to-

now head sizeable gangs of bandlis, depend to no

upon Wolosh it contains many Interest-morrow, morning.

Many of their following are women agricultural developments in other man, So Tol. When questioned, she ing facts and figures and is a

There have frequently been re-parts of the world. The output of said the ticket was her brother's valuble reference book, more

"Mr Hin-shing, Lo fined her $50. ។ ports in the press of "roving bands food, fertilisers and machinery especially with regard to imports ** -

and exports which appear in com- RUSSIAN POKER

parative form.

The Hongkong Exporter and For Eastern Importer can be obtained from 300a Ching Tin Building, Des Veoux Road Central.

Mystery Explosion

Jere

IN CAFE ROOM-

"The Sur extent"

meet Europe'a

of women" swooping down on con- these other areas may not be sull- voya just beyond the outskirts of cient

to permit large enough: export OUTWARD MAILS surpluses to

import Rangoon.

In an attack by insurgents on a programmes." It said that foreign police station at Pegu, 40 miles north exchange dificulties could also be world a factor, but concluded that Arold conducted by Det. Sub- of Rangoon, women passed the [4]

developments would Inspector Cochrane on Room No. 4 ammunition to the men Reuter.

thero

of burden- of the Cafe de Chine, eighth floor of

some surpluses. It said all these China Buliding, on July 24 resulted

questions would be discussed in the in the arrest of 13 persons found,

annubl: FAO, conference this autumn, gambling at

Russian Poker.

-United Press.

July "City, New JerseÝ,

Charged before Mr d'Almada at

Grenados Found In

Church Courtyard

will be a brand decido, whether

25An aircraft pilot reported here Central, this morning, Ko Wo, 31, Milan July 25The police an- today that he saw a tremendous broker, was fined $150 for keeping nounced that two hand grenades explosion" aboard 100-foot longa gambling house. Twelve others, were discovered last night in the

Athens July 25,--Forty-eight boat in Raritan Bay, near New charged with gambling, had their courtyard of the Church of Santa York, and when the smoke cleared lail of $25 each estreated.

Maria dello Grazie, which houses persons were sentenced to death by the boat bad disappeared, au the Poor Box was benefited by Leonardo da Vinci's famed painting in Janninn military court today for

Doute APKAT BERTENTg, the arch 1913.20. which was selfod as table of

Last Supper United violation of the security laws."-- for the: pliot's report. Reuter, money ih na trhadap jured Press,

25 Router.

Tho

· MONDAY, JULY 26 Closing Times By Air Shanghai, Nanking.” Hankow, Taingtao,

· Pelping. Lluchow, ' Kunming, Amoy, Fonchaw end, Swatow 330 pm. Bangkok Rangoon, Calcutta, Karach!

Bahrein, Catro. (Hairobi, Johannesburg & Marssillon vis. Catro) Augusta, and London (Rowloợn "\/C(O). 439 \\p.m...

pm. Cloring Timer By Box & Train) • UBA, Canada. Central srid-Bouth America

vlak can pranciaen (No - Parcals" for, Canada) (Bok) p.ro.TUS DE Shanghai and Honolulu, (Bea) 3-pam," "ad Japan (Ord. Tallers & Cards only), (Bea); and Teinshen (Bea) 4p.in. Kongnoon ivis Canton) (Train) 6 pm. Canton, (Parcels,*, Ind. cites Mali), (94a) Ralgori: Batavia, land" Bourabaya (681)TM)

plant.

',

*

3. U.S. FOOD PLANES DEFY RED BLOCKADE!

4. CHINESE GIRLS JOIN AMERICAN BEAUTY CONTEST

IN SAN FRANCISCO,

5. - ALPS TIGHT ROPE WALKER WIRE SUSPENDED OVER

..10,000 FT. HIGH, WITHOUT A NETINGE

ORIENTAL

AIR CONDITIONED

TAKE ANY EASTERN TRAM, CAR OR HAPPY VALLEY BUS: SHOWING TO-DAY: 2:30-5:15-7:30-9:30 PM. DEFIANT LOVE...and deadly encounter in the High Sierrast

Blazing Burt Shoulßes tuad-

passions in the high Sierrau!

ROBERT

MARGUERITE

YOUNG CHAPMAN

RELENTLESS

WITZARD PARKER - ́AKIM TAMIROFF.*** Karlos MaciANE - MIKA KAZLAREZ - Robert BARRAT « Elem DÉVÁRS

COLOR BY ON

TECHNICOLOR

Next Attraction: A SUPER FRENCH PICTURE, Showing for the FIRST TIME in the Colony. "LES DEMONS DE L'AUBE" Fronch Dialogue with Chinese Sub-Titles BEST PICTURE AT BARGAIN PRICES!

SHOWING

TO-DA

Ar 2.30, 5:30,

&

Cathay 1.800.9.30 pm.

HUMAN DYNAMITE!

BÚKE LANCASTER:

· it the "KILLERS" way!

Drute Force

· LANCASTER CRONYN' BICKFORD

SMOULDERING

HUMAN DYNAMITE EXPLODING

FURY!

STEEL

BARS CAN'T STOP IT!

STONE

CAN'T

MD IT!

NEXT CHANGE STORY WRITTEN“

CHARD GREENE IN........ FLYING FORTRESS

Page 5Page 6