1948-07-27 — Page 5

Legal Argument Continues In The Cowie Case

A submission that any finding of the Board of Inquiry was a finding for guidance of certain people ́ only and could not be held out as res judicata (an issue that has been settled in n court) was made by Mr Brook A. Bernacchi, when argument over a legal issue in a claim for damages brought by William Henry Cowie, ex-Sub-Inspector of Police, against the Hongkong Government for alleged breach of contract for wrongful dismissal was continued before Mr Justice Gould (Acting Chief Justice) in the Supreme Court this morning.

The Attorney General was named

as the defendant.

Mr. Bernacchi, instructed' by Mr Young Women

Y. H. Chan (Ta'o and Hodgson) ap- peared for the plaintiff, and Mr A Lonsdale (Acting Solicitor General) was for the defendant.

Mr Bernacchi submitted that the Board of Inquiry, not being able to make any order or award, was not in itself n Dnal tribunal,

The

Governor did not set up the Board

Shoplifters

Apprehended

nor did he direct it as to what issues A flourishing business of shop

it should try. Was statutory right of lifting was cut short when two diarniasal for misconduct. under young, women, LI Chu, 30, and Section 10 in any way connected

with

u

were discovered four handkerchiefs

Board of Inquiry boaring. Ho Nuf, 21, Counsel asked, In his submission stealing

THE HONGKONG TELEGRAPH,

TUESDAY, JULY 27, 1948."

A navy plane, one of two that crashed in Detroit after colliding. in the air while flying in formation, smoulders in the front yard of a house as firemen stand beside the body of one of the pilots.-AP Picture,

there was no link which could make from the Tung Hung shop, 245, Reduction In

the

onder of the Governor sufficiently Des Voeux Road Central yester- connected with the Board of Inquiry hearing so as to make thot hearing final which would otherwise not be Anal.

INDEPENDENT SECTION Section 18 was entirely Indo- pendent of Section 12 of the

and it in no Ordinance

way incorporated any procedure by way of Board of Inquiry. The Board was to a certain extent rather sim-

0

Mr Bernacch! submitted that the very essence of the Board. was to inquire into certain matters and that a finding that when it did reach

for guidance of certain Anding Was people only and could not be held out as res judicata.

day. Upon arrest they were found to have 75 other new handkerchiefs to the value of $170,

Before Mr d'Almada at Central stated this morning. Ho tearfully that she forgot to pay for the four hankerchiefs but the 75 others were put in her safe-keeping by friends.

own

lar to such tribunals or courts as, Inspector Moran sald the accused for instance, a coroner's court, Coun sel said. He referred at length to stood by the handkerchiefs counter of the Tung Hung shop, pretending authority on the point.

to buy handkerchiefs. A foki, Man Sheung, saw them use their handkerchiefs to cover up four new

an ones and place these in their The foki reported this pockets. theft to a constable near the shop and 75. more 110w handkerchiefs, unwrapped were erushed and Referring to pleadings of defen- found in a zipper bag which Ho held. dant. Mr Bernacchi submilted that They could produce no bills. it was not open to his friend

that the Court should take Both

to accused refused give suggest tha

Inquiry their addresses to the Police, no first of all the Board of

the and then

search decision of the doubt fearing

of their Governor. His friend would stand premises, added Inspector Moran. or fall on the question of whether Asked by the Magistrate, the ac- lived with or not the finding of the Board of cused said they both Inquiry was a matter judicially de- friends at 48 Sal Yee Street, termined.

to

OLD ARMY ORDER Counsel said plaintiff's apprar unce before the Board of Inquiry was ordered, not requested, and if he falled to appear, he would have been instantly dismissed. He quol- ed an old Army, saying, "Obey the order first, complain afterwards."

Counsel further submitted findings of quasi judicial were not Anal

and

Court to authority.

that tribunals referred the

Mr d'Almada declared the ac- cused to be specialists in lifting handkerchiefs. He sentenced them to nine months for larceny and and ordered unlawful possession the 75 handkerchiefs to the police

kerchiefs were returned to pending claimants. The four hand-

Tung Hung abop.

the

In his Anni submissions, Counsel Prison & Fines

not

For Divan Keepers

Reduction In Last Minute Support

Air Services

Shanghal, July 20-A further reduction in domestic airline services, possibly to 20 percent of normal operations, was in- dicated by China's two major the Chins National airlines, Aviation Corporation and the China Air Transport Corpora don, yesterday afternoon.

foreign

of.

in

A spokesman of the airlines siressed the Inevitability more restricted fights should the Biinistry of Communications fall ta "come through"

exchange solving the problem.

Domestle operations of CNAQ and CATC recently dropped an average of 40 percent

airlines routes following the Inability to meet normal ERSO

ne requirements without for-

Go eign exchange from the vernment-Router.

all בוס

European Driver Faces

4 Charges

For M. Marie

SOCIALISTS TO JOIN CABINET

Paris, July 26.The Socialist Party late tonight. cleared the way for formation of the Cabinet by Premier Andre Marie, Socialist elder statesman, and simultaneously attacked M. Marie's choice of Finance Minister to oversee his economic recovery pro- gramme.

After proposing to withdraw from the new Government because Party leaders approved it by a hairbreadth margin, the Socialists voted late to- night to participate.

tho Socialist agreement to join Cabinet removed the last major obstacle to its formation and M. would Marie announced that he present his Cabinet list to President Vincent Auriol without delay.

Test: England

400 Ahead

(Continued from Page 1)

claimed ten

seven

gave

when Compton was M. Guy Mollet, Socialist Secretary caught by Miller for a grand 66, bowler. General, said the final Socialist Johnston again being the caucus voled unanimously to join M. He had taken four of the Marte's right of centre Government. wickets which had then fallen and

caucus England were 331 ahead, Twelve members of the

17 when he Bedser had scored abstained from voting, according to

and Miller Inshed out al M. Mollet,

The caucus approved the appoint-Bassett a catch so that eight wickets Robert Michael Bluestone, 28.ment of the Righilst ex-Premier, M. were down for 330 and the end of and sales Paul Reynaud, as Finance Minister the innings seemed near. But Laker assistant district traffic

while end splendidly at 280, by a vote of 46-21, M. Reynaud, held one manager of PAL, residing

ai- Prince Edward Road; appeared one of Franco's leading financial ex- Evans, England's wicketkeeper before Mr Latimer at Kowloon this peris, is not ponular with the Socia-ways able to have a good score

1lsts-United Press. morning on the following charges:

(a) Dangerous driving near Tsun Wan along the Castle Peak Road;

(b) Failing to stop accident;

after

on

HARASSING TACTICS

punished the tired bowlers, and as

the minutes ticked away the score mounted until the end and with 362 Paris, July 25.Socialist deputies runs on the board were exactly 400 |who wrecked the Government of runs in front. (c) Falling to report after an neci-obert Schuman a week ago were dent;

address,

contended that the parties in this sufficiently the action were

the same as the parties before- Board of Inquiry to give rise to res Judicata in any event. Furthermore, the controversy before the Court, being as to whether or not plain- tiff was wrongfully dismissed, and

Bluestone denied the Arst two the controversy, before the Board, being whether or not plaintiff had opium divan keepers appearing be- counts but pleaded gulity to the third been guilty of conduct calculated to fore Mr d'Almada, at Central this and fourth charges.

On the application of Insp. F. bring public service into disrepute. morning. Lau Fock, who had two Roberts, for the prosecution, the

necessarily

the same similar previous convictions, was issues, and therefore, could not give given nine months and recommended accused was remanded for a week

on ball of $1,000. rise to estoppel. Thirdly, Counsel submitted that there was no anallty for banishment.

wero not

in the decision of the Board DE

Heavy sentences were doled out to

His divan at-20 Eastern Street was Inquiry itself and that that Bnality ralded by Sub-Inspector Bodie and was not given by any dismissal of!

10.1 Party yesterday, Six smokers were the Governor under Section Finally, also on the question of arrested and four pipes, six lamps and 14 pots of opium seized. None of the smokers went to Court so that their $25

Bhailty, Counsel submitted

الله

that

in

of quasi judicial Mr d'Almada estreated

tha cases tribunals it would be found in

the their foundation

essence

that on

of

balls.

Anality given to those tribunals Twenty smokers were arrested at where it gave rise to estoppel Poon Siu's divan at 21 Wing Wo

Counsel submitted

Sub-Inspector Street yesterday.. cases before the Court, it was not winch and party raided the place for the defendant to set up

and seized nine pipes, 13 lanips plea and by so doing defeat, to and 22 pots of opium. large extent, the whole cast.

Hearing In proceeding.

his

Mr KW. Blackburne, CMG, OBE, Director of Information Services, Col- onial Ofice, who is paying an official visit to Hong- kong. fle is scheduled to meat Hongkong newspaper and world news agency representatives at dinner. tonight, Staff - "Photo-, grapher

Poon was fined $1,000 or slx months and ten of the smokers were fined $40 each. The remain der, who werc absent, forfeited their $50 bails.

57

That was the end of the day's. play and stumps were, drawn with (d) Falling to notify change of harassing the Government of Pre-B 47 and Laker 17, having 50

Marie today before mler Andre

far added 32 runs for the ninth it had a chance to bo born.

wicket. Unwilling to take responsibility

THE SCOREBOARD for the six Ministerial posts Premier Socialists

Seares: England Marie offered them, the

ENGLAND—1st Innings 496 have asked Premier Marie to in- Cabinet-Leon Blum as Vice-Premier ENGLAND-Second_Innings clude only two of their Party in his AUSTRALIA-1st Innings 458 and Paul Ramadier as Minister of State. Both Ramadier and Blum Hutton, e Bradman, b Johnson

Washbrook, e Ifarvey, b Johnston are former Premiers.

Premier Maric was reported also Edrich, Lb.w.. b Lindwall ..... Compton, o Miller, b Johnston .. to have offered the Socialists

Crapp, b Lindwall portfolios of Interior, Social Affairs, Yardley, a Harvey, b Johnston Public Works and Commerce and Cranston, e Sazzers, b Johnston Industry

Bedser, a Hasselt, b Miller The Socialist's deputies approved | Evans, not out the proposed Marie Cabinet by Laker, not out Shanghal, July 27-After a long vote of 33-31 today with 8 absten- period of suspension, more than 100

Uons, goldsmith shops here resumed trad- The caucus then decided that, in

Bowling: int yesterday and published quo-view of the narrow margin, tations of CN$380 million per ounce would send another delegation to Lindwall for selling, and $320 million for

Premier Marie-Associated | Miller buying,

GOLDSMITHS

REOPEN

The quotations are decided by the Shanghai municipal authorities and

600 Press.

MARIE'S THREAT

they

06

Extras

Total for eight

362

0.

R MI.

5 B4

Johnston Loxton Johnson B

24

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A UNIVERSAL PICTURE

PRESS PHOTOGRAPHS

Copibs of photographs takon

Byes 4, leg-byes 10, no balls 3 by the South China Morning Post and Hong Kong Tolograph Staff Photographers Bro on view

the Shangital City Council according Paris, July 20-The French Fre-Reuter to Central Bank quotations for gold mier, M. Andre Marie, elected to and exchange certificates, plus a form

of national Schuman

Government a

to succeed the

Li Ping, keeper of a divan in a business fee of 40 percent, a prent union side-lane hut off Ko Shing Street, of 20 percent and a workmanship Cabinet, tonight threatened to aban- Kinoshita & Yoshiga was sentenced to six months and charge of not more than 100 per don his efforts.

for banishment. He cent for ornaments. had one previous conviction.

recommended

report

To Be Tried (Continued from Paro 1)

and the I gave (on June 29) was based on advice received from the legal authorities."

When he called on the President of The Commissioner of Social the Republic, M. Vincent Auriol, to the results of 48 hours of ex- Only one of the seven smokers

Wu Kai-shion, an tremely almcult negotiations with He was fined $25 or ten days and nounced that the goldsmith business the Socialists, M. Auriol insisted on sion was taken locally, arrested there was present in Court, Affairs, Mr

selling and the rest last their $25 balls. Three would be limited to pipes, seven lamps and 13 pots of buying of gold ornaments only, and another effort being made to bridge answer

Leaders of the Socialist Party and M. Marie were brought together n oplum were seized by Sub-Inspec- that transaction in gold bare is still the differences. tor Moore and Sab-Inspector prohibited. Woodhead during the raid yester- The goldsmith sheps closed down the Presidential Palace in an churt

automatically last year as a result to find a solution-Reuter.. of the official ruling banning trans- action in gold-Reuter.

day.

Three Years For Conspiracy

In delivering judgment at Central

this morning. Mr Hin-shing Lo`zen-

tenced Wong Keng, 24, paint

Violations Of

IMPERSONATION Palestine Truce

CHARGE

Chitt-Yam, 23, unemployed, was

London, July 20-Jewish viola- Hons of the Palestine cease fire were officially reported Nations observer today 10. the

in the

Morning Post Building.

ORDERS BOOKED.

They

Gave

with the now Am

their

Lives.

Mr Shinwell then doclared: further into "Having since looked the matter myself and examined the evidence in consultation Judge Advocate General, I of the opinion that there may be evidence on which the two Japanese in question can be prosecuted, and have therefore issued instructions that the cases should be reopened." ---Reuler.

by United ZBW RADIO Rhodes headquarters of Count Folke to the Bo-

Bernadette, responsible

1rogramine Summary; 7.01, Children's

scraper, Lul Song, 20, earth coolic, charged with four counts of de Man Chi-keung, 32, earth coolle, and manding money with mohaces and Yan Kee, 30, unemployed, to three one at impersonating a Police oricar years each for conspiracy to rob and before Mr Hin-shing Lo at Central curity Council for seeing that the story possession of arms and ammunition, this morning. Defendants were also recommended for banishment. Lul and Yan had Police records;

tor the prompt action.

1+

pence of the Holy Land is kept.

and

(BBCTS);

0.15,Accent on Rhythm

The observer said Jewish aircraft (ners) 0.30. "Nothing but Music" Piano and Violin, Op. 451 7.30, Blage'and' It was alleged that on July 25, at and Infantry attacked three Arab 7. Grics: Sonata in C Minor for Ain Berben Favourites presented by Allean Tal Ning Street, Shaukiwan defen- villages Jaba, Izrira

Woods (Bludio) B., World and Home

0.15 News (London

**Much of tho commander Mr. Lo biso commended the Police |dant Impersonhted a constable of the Ghazlloh thres: äuccessive filed Dinding in the RDA', (NECTA); 8.45,

Hongkong Police. It was further The

theme Mosqueraders (MBCTS: 8, Butner On May 3, defendants conspired alleged that he demanded 60 cents Iraql-Arab irregular force in

thebelius: 10, World and Home News together to rob the occupants of a ench from Chiu Fung-kuen, Chan villages threatened to use the Iraqi Orchestral Concert: The Great Marters and a Bau-ying, Tom Tal and Lok Cheung Air Force in retaliation unlers the London Relay); 10.16, Weather Report: 23 10:12, Planotoria Recital by Cyril Smith; house in Gloucester Road, revolver and six, rounds of ammuni- with menaces.

Jown desisted.

The observer adford that he had 10.40, Dance to dlenn Hiller, and Els Llon were found in their possession, At the request of the prosecution,

BIGINT?RS1M5, Weather Report and Close DetSub Inspector MacKenzie defendant was remanded for three notified the Jewish authorities of Indi Resort (Rendon

idays in Pollco custódly per

the breaches-Reuter, prosocuted/

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