1948-08-18 — Page 5

THE HONGKONG TELEGRAPH, WEDNESDAY, AUGUST 18, 1948.

HEATED COURT ARGUMENT OVER BAIL

Ar

FOR PWD EMPLOYEE Magistrate Decides In Favour Of Crown

A heated argument over the question of bail for Kwok Kong, the second accused in the PWD larceny case, at Kowloon this morning resulted in a decision in favour of the Crown who opposed bail and applied for a three-day remand in Police Custody.

Mr A. Hooton, Crown Counsel, opposed the applica- tion for bail made by Mr J. M. d'Almada Remedios on behalf of Kwok. Mr Remedios declared it was discrimina- tion to grant' bail to the Europeans similarly charge and to refuse it to Kwok, but Mr Hooton contended it was not discrimination but a case of applying local conditions to the persons charged.

Mr Ifooton preferred a further | Another ground for refusing bait charge of larveny by public servant, was that on the Blence to die, if ngainst Kwok. This charge alleged the Crown were to open the ease that Kwok on or about December 1 now, there would be still very prima facto ease against stole a quantity of electrical mate- strang rints belonging to the Hongkong Hwnk. Government.

of

ball,

Mr Hooton and tnt a number of the prosecution witnesses were bound to be PWD workmen whose immediate master had been Kwok,

Strongly advocating the refusal all. Mr Hooton nald Kwok was charged jointly with others, Includ- ing Austin Spary, on three charges, mon

14 years' Wie Imprisonment if proved. He also charged with another group, Including Arthur Moy, and was on n further charge by himself. of these charges carried the same maximum penalty.

each of which carried

Ench

who had extreme

power

over them, "I cannot go so far as to say that I have evidence that he will interfere with them but the witnesses are persons very cus- and of all ceptible to interference the people who could Interfere is the man who has been their fore man for some time."

Referring to the appen against

refusal the Magistrate's

to grant ball to Man Kam-fat in the Allen

Mr Hooton continued: Investiga- Bons are proccoding involving a tremendous amount of work. The Police in charge are working almost all day and night in this matter Case, Mr Hooton said that Mr Justica and there is no doubt that there Gould turned down the application will be charges preferred, in par- saying that the Magistrate hund a ticular, against this man. have duty to the Public as well as the ac- now already one further charge eused, " say if this man is let out against him of

similar nature. Tho

well balf it may 001

be that the charges are coming to light as in whole of some extremely hard work vestigations proceed and he shall be will go by the board as well as what able to furnish more particularsers when the boards of survey tender appears on the face of it to be n their findings. It may well he that serious matter involving this intest charge won't be the last

one of that nature.

A very

n lot 01

this case to the courts it will be encouragement for others attempt- There is a ing a similar offence.

facic case and we strong prima want Kwok tried, We are afraid that if batted he ofther won't be here to stand trial or the witnesses wha

are susceptible persons, and who have been working under him anny not tell the truth when they come to court.

money and materials. If we cannot get

Yvonne Grinum, Pleasanton, Calif, Flesta Queen at the Fifth Anniversary celebration of the San Francisco Farmer's Market, christens Carl Schlewicz with a well ripened tomato. Schindewicz drove the 45,000th truck into the market and was honoured with a garlic wreath and the tomato bath, AP Pieture,

Special Powers For Paul Reynaud

Paris, Aug. 17-The French National Assembly approved tonight the second reading of a bill giving. the Finance Minister, M. Reynaud, special powers to carry out econòmic reform, thus making him the most powerful man in France.

NINE

FOR

YEARS

ARMED

ROBBER

Situation In Burma Is Serious

London, Aug. 17.-The Burmese Government will not be able to stamp the rising surge of Commu- nism in Burma without outsido help, an authoritative source told the United Press today.

The source, which is In close touch with Premier Thnkin Nu's government, sald the skluation in Burma was much more zerlous thon generally realised, and much stconger action by the government would be required to combat

the Communist-inspired rebels who now includo somo of the best mined Indian Communists are

Tenders In Burma. ·

in Burnia,

and

lending the rebels political inspiration comes from the Communist Party," the

Indkit

Burmese zource said.

He added I was believed possible that the Burianse

Ambassador to Pritala, Sir Maung Gyhee, might be sent to New Delhi soon to solicit Tadian ald for mutual bericht of the Indian Bermeer Government' and ozionale In Burma who are throa- tened by the rebellion because they 210 locked upon na exploiters in Burma.

Britam has declined any form of milliary assistance to Burma which was believed to have been sought by the former Foreign Minister. Mr UT-lut, during his recent brief visit to London-United Press.

GOVT TROOPS ADVANCE Rangoon, Aug. 17-Government forces today occupied Talkkyl and Kyuanchuang and, advanced along the highway from Rangoon to Prome after skirmishing with-insur- gent forces

on

At the maine time, insurgents cap- tured the Rangoon Superintendent of Police. In. bold attack group of Clovernment-motorboats at Syriam, opposite Rangoon."

Several motorboats were reported The bill was approved by 858 fost in the Syriam engagement and votes to 202. It will allow M. two Ballors wounded before the at- Reynaud to effect economics in tackers were silenced.

cleared 56 the budget and improve the miles of the Rangoon-Prome

Government forces

rond efficiency of French industry before

Insurgent forces mcollag without parliamentary debate outside Talkkyl on each new step.

Mr the "Government could Pleading guilty before Europens

DEFENDANT'S RIGHT Repeating the application made for bail two days ago, Mr Remedios reiterated that the charged with Kwok on similar and equally serious charges were allowed bail. Tho. inaln ground for opposing ball put forward by Johnston was that alhough Europeans had been known to dis- appeur, the facilities for their leav ing the Colony were far less than for the Chinese that was no ground for refusing ball which was a matter defendant right to which the was entitled.

I will say that the British law does not permit any discrimination Chinese," between Europeans and said Mir Remedios.

ol

"It is quite clear that for ball:

granted to Europeans and re-

tu

be

ties

מםזז

enormous amount to do stil, alleged that Kwok is perpetrator of the theft although we believe that there were others who counselled him or took part."

he

resented

Justice Gould (Acting Puisne Judge) at the Criminal Sessions this morning to a charge of armed robbery, Yuen Kwok,

p.m. on

to the

"I asks in fairness to the adminis 26, unemployed, was sentenced tration of Justice that thig be kept in custody.

The investigate nine years' hard labour and flons are just on the fringe of the 12 strokes of the cane. malter ni present and there is an

It is Mr W, A. Blair-Kerr (Assistant the actual Crown Solicitor) said that the rob- bery occurred at No. 224 Temple Street, first floor, about June 17. Three men, two armed with revolvers, entered the flat, held IMPUTATION RESENTED

up the inmates, and forced them to give up jewellery, and money totale Mr Remedios said

ling about

Accused was one fused to Kwok is in direct conflict the imputation that Kwok was like of the two armed men, After mak- with the spirit of our law. If facil-ly to interfere with the witnesses. Ing their hau, the robbers left, but

for Chinese to get out of the The Ordinance which dealt with nut before ultering threats Colony are greater, then the Magis that evil was sufficient protection, mates that they would suffer dire

Kam-fot was trate can make the ball higher than The case of Man

that Mr in

Shafialn

they should report not consequences that of Europeans to ensure his at-different

to the Police. tendence. If the man is kept in only intimated to the

Magistrate,

About a month later, one of the police custody the facilities for his but actually proved that Man Kam-

aminmates recognised the accused on defence is practically denied which fat was a powerful

man

the board Yaumati ferry, and Imme- it from market, a member of a triad Is most iniquitous. Look

50- diately hod him arrested. In the but

if clety who had intimidated witnesses man's possession whatever angle you, please,

were found some tile.

Europeans are permitted ball intended for the prosecution. It was pawntickets relating to some of the

se witnesses would the mere fact that Kwok is denied proved that these it for the only reason that it is rather suffer banishment than give proceeds of the robbery. When he charged, Yuen evidence,

was subsequently In the present case It casler for him to leave the Colony tand that is only an assumption of was only what the Crown felt and said he had committed the crime the Crown} is discrimination not that it actually happened. It owing to poverty and that his share presumption and there amounted to $350. He also asked to

be dealt with leniently. which is contrary to the spirit of was only

was no evidence to prove Our Tw

Kwok

Mr Blair-Kerr added

that there "Kwok is entitled to bail as much Intended to escape from the Colony.

do

was nothing known against the nc- strongly if ball is

cused but he had only been in the fused in this case, I, end 1

dare Colony for two months, venture to say the public, will come to the conclusion there is discrimin tion between Europeans and Chluese," declared Mr Remedios,

Ds Europeans are and oppose it on to the Is iniquitous any ground highest

concluded degree," Remedios.

CROWN'S REPLY

amount

Mr

sby

In

In refusing ball, Mr Wieks suid:

Death Sentences

To Stand

M. Andre Marie, the Frime Minister warned the Assembly that not carry on" unless the Assembly agreed to Powers Bill adopted by the Upper thu Special Chamber.

an

amendment

to

The rebels were reported to have withdrawn after losing twa jceps and two trucka

Meanwhile, Colonel San Po Thin, Special Commissioner in the Baslen area, said in a dispatch to Rangoon back that the Insurgenta were falling under assault by mixed Karenmin-Burmese forces. He said racial feeling was being stirred up

who paganda, but, most of those vernment to proceed with proposed the Baslen area by enemy pre- recastings of the French taxation, carlier had deserted from the Go- system without submitting this re-vernment forces in Karenmin had form to another vote of the Arsem-surrendered.-United Press. bly.

This amendment permits the Go-

.

This proceduri hud originally been asked for by the Government, but the Lower House, by

a tem- porary conlition of Socialists and Communists, made tax reform sub- jest to explicit parliamentary op- proval..

in

MAY NOT LOSE HIS. THRONE

of Baroda may not lose his throne Bombay, Aug. 17 The Maharaja

Inspite of his State Legislature's The Arst decrees of the new bill demand that he should abdicate.

An authoritative cource said to- are not expected for another week. Reorganisation of nationalised in-day that the Maharaja-will-prob-- dustics, which forms a main plankably keep his throne if he mishes of M. Reynaud's programme,

the India States Ministry with his provoke some trouble with labour.

regarding his alleged embezzlement of

when

may

US$10,000,000

Treasury fun

funds.

WORKERS DEMONSTRATE

The source said that whether the Forecasts of this

came

today Mahajara rolains his throne or no. over 300 skilled aircraft is dependent upon the Constitution workers demonstrated outside the of the government and the change Ministry of Finance as a protest in the Maharaja's personal conduct. Doctor Jivraj Mehta, Baroda's against their dismissal under the

Premler and Mr K. M. Munshi, Government's economy plans.

India's Agent General in Hydera Minister's bad, today saw the

Maharaja. Dr objectives are, besides the reor Mehta told the

Press ganisation of nationalised industries, that his visit was purely formal.

Associated

effect broad economics,

the Ho and the Maharaja are dying to reductions of expenditure in public New Delhi on Wednesday separa- and military services,

tely.-Assaclated Press.

to

Among the

He

Finance

now has broad

powers to

reform the fecal system by decrees SKYCRAPER FOR. subject to ratification. by

Assembly.

the

WHAMPOA

A Communist amendment to limit the Special Powers Bill in Caaton, Aug. 17-A 30-storey regard to táx reform had beca (skyscraper is to be built at Wham- rejected by 350 votes to 200 carlier pos, the port of Canton, it is re- during the debate-Reuter.

HE ROBBED SMUGGLERS

ported here.

This "New York giant" is to be used as an hotel and expected to provide every modern convenl. ence for travellers who come to Kwanétump,

con-

Still opposing ball, Mr Hooton submitted that it was just a ques-

I must first make it clear that I tion of applying the general prin- ciples of ball to the prevailing con-bud borne in mind particularly the ditions as they apply to Kwok. He clement of discrimination between added, "We contend that we are Chinese and Europeans in this case, if and for that reason I remanded the

The Appeal Court this morning very, very much afraid that Kwok leaves this Court at any time second necused in police custody for refused the appeal made by Leung Wing and Leung Ngau, unemployed on whatever

of ball, he two days only.

coolles, against sentence of death will never appear to stand his trial, The man is Chinese and the Chinese To considering whether ball should passed on them by Mr Justice Wil- frontier but thirty miles away. or should not be granted, I have inms on May 7 for the murder of Ip There are no restrictions on im considered the charges against the Wo-nin, a taxicab driver, in Vic- migration Into China. All he has accused in relation to "the Judge's toria Road, Kennedy Town, on the to do is to walk over the frontier Rules" and the decision in the Man night of February 10, 1940.

The oppeal

Just was heard and we will never see him again. Kam-fat appeal. He is facing Ave charges each of

month by Mr Justice Gould and

The decision which entalis 14 years' imprisca- In the case of an appeal to the Mr Justice Reynolds.

rend this morning by This makes Judge there are affidavits, a facili-

A robbery which Occurred in part of the world. ment upon conviction.

weli worth a while to gelty which is not available to mo- Justice Gould.

Mr Brook A. Bernacchi, Instruct-British waters somewhere between It is believed here that in his away."

can only rely, and I am bound to ed by Mr J. C. Stewart, was for Castle. Peak and Chinese territory personal Kwangtung affairs report Referring to the statement made so rely, on the general submissions appellants, and Mr A. Lonsdale, on April 8 was recalled before Mr to President Chiang Kai-shek, by Insp Johnston previously that of the prosecution and of the de-Acting Solicitor-General, for the Justice Could at the Criminal Ses-Governor T. V. Soong asked for Europeans had been known to fence. In this case, Mr Hooton as-

sions this morning, when Lau Wah substantial funds 10 mako Counsel said that suren me that if the second accused

was sentenced to CECape, Crown

BOVEN years' Whampoa reconstruction project "a hard labour and 12 strokes of the real thing."-Reuter. Lane for his part in the crime.

ht. understood there was no instance is bailed out in any amount he will known in the Colony of a European never appear to stand his trint: doing walking over the border into China;

WITH

Crown.

on bail getting away but there were there are #D restrictions to ht HARD LABOUR

of Chinese

TALLY

instances

to

so. It would be quite pointless for that should he fall surrender to

a

European to hide in China. There his bail a very expensive investiga FOR BANISHEES

were, however. two instances of tion of a public nature will be lost,

Europeans

leaving Hongkong-one also a large amount of public pro-

Mr

that the It is understood

skyscraper will struction of the proceed alongside the engineering work that is expected to make Whampoa a leading port in this

Air Crash Victims' Bodios Recovered

the

The robbery, sald Mr W. A Blair-Kerr (Assistant Crown Soilcl- tor) was committed by several_per- sons at Leung Kar Tan near Castle

· Frankfurt, Aug. 17.--The bodies Sentences of four years' hard Peak, The victims wero two

of all persons killed on board a conveying US Army C-47 plane that crashed of them was a man wanted by the perly; that it ho goes on bail there labour were passed on each of three smugglers engaged in

Castle who appeared goods between

Peak Andi Police, but not yet arrested. the in a grave risk that witnesses will returned banishees

last winter in the Kallan Alps have other case happened a few months be suborned and finally that the before Mr Justice Gould at the Chinese territory.

| been recovered, it was reported to- ngo when a European got away be-second accused took a part in the Criminal Sessions this morning.

The robbers were in two beats, night. All three, Trang Chi, alias Chau

US Air Force officers in charge charges different to that taken by fore he was arrested.

Chuen, Kwok Chun-wing, allas and several of them were armed. Giving reasons for refusing ball the first accured-he, the second ac- Chuen,

After taking a watch, 20, pack is of of rescue operations on top of 0,003

Carbone reported as regards Kwok's case. Mr Hooton cused, was the leader, controlled the Kwok Hing, and Ho Chiu, atlas Law

elgarettes, some clothing, two tins feat Mount

and newspaper. Star aald that the Magistrate could ro-workmen and secured the, materials Cheong, and several previous con-

of milk-powder and 10 catties of the Army them, and had pre-

Stripes that 20 bodies had been rico off the smugglers, the robbers found in the snow covered moun- Victions against fuso bali merely because the offence

All that Mr Remedios can offer in viously been banished from the way serious. As far as the Polica

orderkd them to proceed into Chinesa territory and warned them tains. could remember it was rot known reply, and I do not think he could Colony but and returned.

Kwok Chun-wing charged do more for his client, is to deny

at present

Omcers for a Chinese workman

said that the plane's Accused was arrested by the manifest showed only 20 persons with larceny to be granted baik, the allegations made by the prosecu- serving sentence of 12 monthe hard not to report to the Police. The recent larceny of petrol caso tion. In the aircumstances there is labour for another offence, and his Police on June 22, when they re- on board-not 22 as previously

magnitude. [no alternative for me but to refuse new term will commenco on com- was not of the same

ceived certain information, and reported. of the second ac-pletion of that sentence, The present cass Involved some-ball in the case

wont In pursuit of two

Twelve of the bodies have been thing like 69,000 worth of property | cused and to remand him in police: Mr W. A. Binir-Kerr (Aralstant

tone nf th-m the recused) reasonably Identin d. Associated custody for three days.

Crown Solleitor) prosecuted. and possibly more.

who tried

eludo them Press.

10

men

to

EE THEATRE

·ADVANCE BOOKING OFFICE: MOUTRIE & CO., LTD. BOOKING HOURS: 11:00 A.M. TO 5.00 P.M. -

BY PUBLIC REQUEST

TO-DAY AT 2.15, 4.45, 7.10 & 9.30′ P.M. ONLY PLEASE NOTE THE CHANCE OF TIME)

The Screen's Mightiest Music Show! Attar RODZINSI)

MARIKA KUNT TOMELLIAM PRINCE

“WALITA BAMROSTH

REPO WALTER TOR NEW YOR РЕЗИНАНМОНАС STEPHANT SNCHESTRA LILY PONS

Gregor LATIGORSKT WISE STEYERS

CARNEGIE

HALL

Kalosed the UNITED ARTISTS, TO-MORROW

RONALD ERCAN ALEXIS SMITH:

ZACHARY SCOTT

***JAMES V.KERN.

SPECIALLY

Arist RUBINSTEIN

JAN PIERCE

#110 PIXEL

YAUSON WONKOK & MIS ORTACITRA

JASCHA BEITEI

FRITZ MEIXEN

Lasquid STEROWIRALE HARRY JAMES

STALLION

ROAD

ADDED

JUST RECEIVED BY AIR

OLYMPIC GAMES

کھو

WARNER HIT!

1948

· NEWSREEL NO. 2 WOMEN'S SPRINGBOARD FINAL THE MEN'S RELAY 800 METRES WOMEN'S 200 METRES BREAST STROKE MEN'S JAVELIN FINAL

3,000 METRES STEEPLECHASE

MCKINLEY AND WINT COMPETE FOR THE

400 METRES

SAM LEE WINS THE HIGH DIVE`HONOUR,

.ETC., ETC.

ALHAMBRAY THEATRE

SHOWING TO-DAY AT 2.30, 5.15, 7.20 & 9.30 P.M.

FILMED IN TECHNICOLOR!

1 Star A

Born

FOR THEIR BRIGHTEST STAR PERFORMANCEST

Regner and meest, tampa ler weer

Bir de raamat Jam berma

...nt to song you to po

Janit

GAYNOR Fredric

MARCH

ARDS SEDANG NAGRANIANA -

CENTRAL

TRE

270 QUEEN'S ROAD CENTRAL PHONE 25720

TO-DAY AT 2.30, 5.15, 7.30 & 9.30 P.M.

The ROMANTIC TEAM

OF 'DICCADILLY INCIDENT'

Anna NEAGLE

Michael WILDING

The

in

COURTNEYS OF

CURZON STREET

PRODUCED & DIRECTED BY Hotber WILCOX

ORIENTAL

AIR CONDITIONED:

COMMENCING TO-DAY: 2.30-5.15-7.30-9.30 P.M. ALL THE THRILLS THE ROMANCE .... THE DARING OF A SENSATIONÄL BEST-SELLER BLAZES TO THE SCREEN!

* MAGNIFICENT .... it took 6 Great Stars to film itt,

The Screen's Greatest Romance of the Skies?

BLAZE NOON

'man, tabang bands + zeon Wohnen • Lân kapi

HEBỊ OBER) CELOWE

Owned by JOHN FARKOW-

starring

ANNE

BAXTER WILLIAM HOLDEN

SONNY TUFTS WILLIAM BENDIX STERLING HAYDEN

HOWARD DA SILVA

Page 5Page 6