1948-09-07 — Page 5

THE HONGKONG. TELEGRAPHI, TUESDAY, SEPTEMBER 7, 1948.

$1,000 Fine For Groping Grape Vines Take Over House

Driving Under The Influence

European's Offence

Arthur Foster Kemp, *aged 41, of the Shell Petroleum Company, residing at 502 The Peak, was fined $1,000 or six months' simple imprisonment by Mr Blair-Kerr at Central this morning for driving a vehicle, while under the influence of alcohol and driving without due care and attention at Murray Road on August 30.

Defendant was also disqualified from driving any vehicle for 12 months.

Mr A. Hooton, Crown Counsel, appeared for the prosecution.

driver, defendant said he refused "10 rida with those bretards." to MrDavis, Government Chemist, Eventually he was persuaded

enter the Police veblele. When the sald he made a medical test of n bottle marked Foster Kemp, He Police vehicle reached the Junellon analysed it and found it to contain of Queen's Road East and Murray 320 mg of alcohol per cc. That was Road, 11 stopped prior to crossing to equal to 252 mg of alcohnt in every Garden Road. There defendant got ec of blood. For a person weighing out of the Police car and I was 10 or 11 stones, he would have ton short time before he cout be take at least half a bottle of whisky persuaded to re-enler the Police to have that much alcohol in the vehicle. Defendant was taken blood. For alcohol to be in the the Central Police Station charge blood, it must be taken at least half room.

nn hour before the test. The con- centration remained

about four hours.

constant

for

to

took defendant to He then

the Queen Mary Hospital. During the Journey to the hospital, defendant the was sill very excitable and said

at many things. Including "I

but

think

he's th

The

Police Hampering

Course Of Justice Complains Counsel

11

Mr A. J. Clifford, defending counsel for the Chinese men who were rounded up-following the capture of an armed spoed boat at Aberdeen harbour on August 31, mado allegations before Mr Wicks at Kowloon this morning that the Police were hampering the course of justice.

- Dr Ong Quan Bee, of Queen Mary Hospital, Bald 11,30 p.m. оп August 30, ho you are wasting your time examined defendant and found his ing a fellow because breath smelt of alcohol. On fur-Defendant also said it would ther oxamination, he found that

hot black for him with the firm if he defendant's speech was not slurred. failed the test.

pupile

Gemi-dilated were reactive to light. His pulse was Cross-examined by defendant, slightly raised. He

WAS oble to witness said he drove defendant's walk steadily and write his own car up to the Central Police Station. nome correctly. His

co-ordination Ho noticed that the accelerator of If defendant's car was slightly loose. was on the whole quite good. a man was under the influence of There was a driving mirror in de drink, n

sudden emotional change fendant's car. He remembered it Euch as being arrested might make because he had to adjust it. him mare

heavy sober. For

pened to be away. He Defendant denied that thera drinker, the oxydisation of alcohol In the system was more rapid. The chances of man with 252 mg of alcohol per ce of blood are that he is drunk but he definitely.

I

a driving mirror in his car. sold that was the reason why had so much difficulty looking back would not Buy to reverse.

nicohol

was

Mr Clifford this morning alleged

The 11 men were charged with possession of Arins and ammunition and made their first appearance on September 2 and again two clays later, and were remanded in police waste

On custody for further He us

enquiries, the second hearing,

Mr

Clifford he

mado repeated requests for ball or for a remand in gaol custody bath of which were refused by the Ma Sub-Inspector Thompson said he gistrate who held that a remand of

Inspector-on-Duty at Central seven days in Police custody Dr Lim Ching-lang, medical offi- was

Station on August 30. He not excesalve for further investiga- Mary Hospital, Police cer of the Queen

defendant's particulars. De-tiems to be conducted. maid at 11.50 p.m. on August 30, took

fendant was swaying slightly. His ho was sent to take a sample of

was slurred and his eyes defendant's urine. Defendant was speech quite civil to him but rude to the were blurred. His breath smelt of that during the three day's remand a clerk of his instructing solicitor,

went Mr C. A. S. Rucs,

to the who was there. Holice inspector When ho asked defendant for a

Police Station to interview the de DEFT'S STATEMENT

fendants but failed to see them, sample of his urine, defendant sald

Mr Clifford sald that Inspector ho was not Sincere Company and

Defendant who elected to make a

In charge of the first Askew, 'who was said he held his could not produce it at any time

statement, defendant of

Finally the day.

driving licence In Shanghai in 1925. Since then he had been driving in th was away on other business pgreed to undertake the test

the time and Mr Russ's clerk was asked to walt for his return could be given before permission

clerk Interview. The the for

hours and Anally waited for two left without seeing the men.

"That is what happens in police custody," said counsel. "It is a cass where the mice will play when the Inspector is away and, my word, they do play."

Mr Clifford asked for an enquiry to be instituted into this obstruc- tion of justice.

INSPECTOR'S EVIDENCE

on

friend

various parts of China, Manchuria and the United Kingdom. This was Eggleston snid Inspector

the first occasion in which he had August 30, at 10.30 pm.. he wna been charged for a traffic offence. driving private car No, 3064 along On the evening in question, he had Connaught Road Central, going east been for some drinks with a He turned into Murray Road and of his at the Parisian Grill. He then proceeded towards Queen's Road drove his car to the scene in ques- East. He noticed a Ford No. 1930 Lion. He was a regular drinker and elght for him to drink six to ahead of him, stationary at the near whiskies in the evening was not side

of the road. It was 15 to 16 yarda ahead of him. His attention unusual. was drawn to the vehicle because there was no red light at the rear. He saw the car going jerkily forward for 10 or 12 yards. It then swerved to the left towards the nearside curb, ate of It stopped outside the West Gate the Royal Naval Dockyard at an good reasons for acting otherwise. angle to the curb,

at

When Mr and Mrs George Strum returned to their Porterville, California home, after a two-month vacation, they found this grape vine had found its way through a crack in the floor and rambled all over the living room-AP Piclure.

Letters To The Editor

MPs And Civilians

Mr Clifford added that the post- tion was extremely dangerous when in a case of police custody the in- spector in charge of the ease hap-

Sir-My hearty congratulations to advocated you for your Editorial, of even date that gaol custody was more con- commenting on the McDermolt venient.

affair. I not only agree with you Inspector Askew, for the prosecuIn principle but also endorse your

the Court that en views.

such I have seen several tion, promised

only Incidents before, but it was qulties would be made

after lengthy arbitration were the allegations.

M.Ps. reluctantly compelled to re- lease their victims and thus avolded any Court incident.

into

CHARCE WITHDRAWN

the

་

The case look an unexpected turn this morning when the Police asked permission to withdraw the charge of possession against eight of the 11 men who were discharged by the Magistrate.

Chan

It is indeed gratifying to know at least there is somebody who is really interested in the affairs of our public.

Congratulations again for your prompt attention in the matter.

the

P. S. CASTRO.

and

and

Six additional charges were pre- ferred against the first two defen-t

dants--Chan

alias Sing Cheung, merchant, Kwok Tin, 30. The McDermott Affair coxswain; and Wong Wal, 27, super- COTKO

Sur-The statement made by a Chan Sing was charged with at Government spokesman concerning tempting to export manifested

seemingly McDermott case cargo, 106 bags of salt on board an

Ignores the report of the case which unlicensed boat at Aberdeen.

Unless re- appeared in the Press, Charges against Kwok Tin were:

negli- If not pure imtis,

the Being master of the my Chung Yu Porters were guilty of

goods to be gence,

defendant stated that he was permitted dangerous loaded between 7 p.m. and 5 am, walking along Lock Road when an possession of dangerous goods, KAF policeman accosted him namely, 279 tins of kerosene; using asked him to produce his Identity a vessel not having a certificate of

card

He resented the muft survey; failing to report arrival to offensive manner and when the the Marino Oce; and acting as opens

had no policeman laid hands master of a vessel which

the same report, According to Mr Wicks: A solleitor's clerk has master in possession of a certificate resisted him." (vide SCM Post).

compotency. no right to an interview. If he is

The three defendants were re- Sub-Insp. Dow said defendant was allowed it is only a courtesy.

manded in gool custody for one accosted by an RAF police patrol Mr M. A. da Silva (who was appear week. Bail was granted at $2,500 and asked to produce his Identity. front

Defendant said he was not a service sald he required the Ing in another case): As an officer

and could not furnish wheel against the curb. Witness car to drive him from his home to of the Court, Sir, I wish to point out The arms charge concerned pos-identity. An altercation ensued and

stopped

ear his place of work and he could not that it has been a practice for a session of a liotchkiss machine-gun blows were exchanged. The report said he immediately

diately mep

He number of years that solicitor's with 83 rounds and noticed defendant's car moving afford to engage a chauffeur,

П of ammunition; back four or five feet. It was not was married and had a wife and clerks be allowed to interview per- Bren gun with 250 rounds; & mauser omitted to state who struck the first in gear but it just slipped back. He child in England. He was due for in custody to receive Instrue-rifle, two revolvers with 27 rounds, blow. noticed a European looking back home leave in January. through the rear window as if want- Mr Blair-Kerr ing to reverse the car. He engaged |

for

with

the

reverse

BO

ДБ

to

ngainst vehicle

gear

take collision. n moved

first, then rapidly,

Mr Bilr-Kerr in convicting, said that it was mandatory for him to disqualify defendant from driving

could give him unless defendant any vehicle for at least 12 months

Defendant

Defendant

tlone

#

"HAS NO RIGHT"

1

of

Justice

ench.

Festival Gifts Barred

sold defendant Mr Wicks: This agreement is only and a Japanese bayonet.

to A had not given any good

practice. When I comes reason,

In law it is only his own car

own car therefore he disqualified him from submission the precaution driving any vehicle for 12 months. courtesy to grant such n privilege.

Defendant's

Mr Clifford: But I am not sub- was ordered to Day

I am back jerkily at $500 into Court and was given till mitting on a point of law.

He reversed his the end of the month to pay

u point the submitting on own vehicle but the other car pro- balance.

which is more important. ceeded to overtake him in reverse. Defendant had overtaken him for about three quarters of the length of his car. Defendant only stopped after he had shouted and blown his horn excessively. Defendant's front wheel was then only four inches away from the offside extremity of his front bumper.

EXCITED AND BELLIGERENT

APPEAL BY TENANTS

AGAINST JUDGMENT

Shanghal, Sept. 7-Mayor K. C.

man

on him he

an

At the time the defendant was costed, he was obviously in com- of his senses, otherwise ho would not have been able to stato Но that RAF Police accosted him..

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Was sure of that. After he had OUTWARD MAILS

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TUESDAY, SEPTEMBER 7

Closing Times By Air

totally unaware that the civil police swatow, Amoy, Shanghai, Nenking, Han

had arrived

The report did not mention that the defendant was being chased by Wa has issued an order forbidding two Chinese. Why not? Why did

kow, Tsingtao, Peiping and Hothow. 1.30 pm.

Closing Times By Ban & Train Shanghai (e) 8 D..

all Municipal oficials to nccept or the RAF patrol not deal with the trails (Bea) p.m.

Manila (Sea) 3 pit. Macao and Tainshan (Bea)

pm-

p.m.

WEDNESDAY, SEPTEMBRE S Closing Times By Air a.m., 13.30 pm, 3 pm; (GPO) 7. a.m. 9.30 am, noon, 3.30 p.m. Shanghai, a.m. (reg); $30 am, (ord), Mania, PI, Honolulu, USA and Canada,

10 am, Shanghai, Nanking, Hankow, Tsingino, Pelping, Amoy, Taipeh and Swalow, 3.30 p.m.

Canton, Howloon Cro) po

gifts receive

оп tho occasion

Festival Chinese who presumably were act- of

Mid-Autumn the

the Mooncakeing suspiciously? To deal so brutal-Kongmoon via Canton (Train) B. p.m. (better known as Festival)on September 17, it was with a man, (who by the infer Cantan (Parcels & and class mail) (808) ence gathered from today's. Lin- learned today.

satisfactory explanation) was in This followed the launching of a danger of being interfered with by Gifts movement by local two unknown, characters is surely "Stop The eviction order made by Mr holding that the said respondent Kuomintang circles which, it a

cannot be so Continuing, Inspect he was D. L. Strellett, siling as Magistrate Company left Hongkong after the meeting inst week, adopted a slogan air brushed, aside sald ho asked defendant what he was

on a Tepancy Tribunal, on July 17 liberation and returned some

nino "Gifts trying to do. Defendant replied by against L. Mercado (Mayo's Shoppe) months later.

are bribery. At the same glibly

Of course, If the statements I It was decided to urge the saying "Who the hell are you?"

do and Mrs D. Kovach (Salon

(2)

meeting. That the same person can

authorities to forbid the making and have quoted as having been made In a police court are untrue, then Defendant then allegedly stepped Moda) from contested before the war tenant

7C. Alexandra apply as landlord and claim as pre-selling of moonrakes on the grounds surely the magistrate will speedily Bangkok, ale Narobe, Johannesbur up to witness and sald he would Building, was

that this was wasteful and extrava (3) That the person who gave knock Inspector Eggleston's "bloody Chief Justice, Sir Leslie Gibson, in block of"

the Court of Appeal this morning. the notice under section 18 (1) nord gant, but the Shanghal City autho- correct the false impression given to

rities thought that this would inter the public. Mercado and Mrs Kovach op-not be the respondents.

fere with the

age-old country's

aggressive.

His

of China's three great annual settio-

by

CHINESE REDS CUT RAILWAY

CIVILIAN,

HIBOK-HIBOK ERUPTION

and Marsellion via Cairo), Roms and London, (Kowison CPO). 4.30 p.m.; (GPO) 5 pm.

...

Japan (ordinary letters and cards only)

p.m.

Closing Times By Bes à Traini Macao and Tatrishan (Bea) 7.50, a.m. Manila (dua) 10 mmm.

Shangha. Cen) 10-m2-

Biscao and Teinshan (80x)·1⁄2 p.m.^ Canton (and class mail only)" (Train)

2 pin.

Saigon and Hangoon :(Ben): 3. p.m. Parcels for Canada via Vancouver, B

(Ben) 3. $35 alphong (540) D Mania135% DM. Macao and Tanshan (Usa), 4 pm, Kongmoon (BCR) 5 DA Tamkong (888) 5-pin, Canton (Parcela & and clam, mal) (5aas

5 pm.

IN TECHNICOLOR

In describing defendant'a condi-pealed against Me Strellett's do- (4) That a notice under section festive traditions. tion, witness said his attitude was cision. In favour of Mackintosh's 18 (f) could be given before the The Mid-Autumn Festival is one very excitable and belligerent. His Ltd., principal tenants of Shop 7. passing of the Ordinance. breath smelt strongly of liquor and The premises were occupied by (5) That the notice relled on by ment daya-Reuter. his speech was tone was jerky, and slurred. Der Mackintosh's Ltd prior to the out- the respondents as the notice under]

broak of the Pactic War, but were section 18 (1) complied with the dant's body was swaying." "Witness taken over by appellants during the provisions thereof.

Mac- Occupation when sald he told defendant who he was Japanese

Manila, Sept. 7A messago has (6) That there was no tenancy

been intercepted from the vessel and pointed out to him the offence kintosh's ceased to function Mas whereby the notice relied on ....of driving while under the influence kintosh's Lid tried to regain pos-

FS-208 saying at 7.25 a. m. today "It pession

that it observed smoke, rising about Defendant then saltold months after the re-occupation, but

of their premises some the respondents became inoperative. of drink.

(7) That there was no evidence

25.000 feet high, being thrown out pretty Police Job.” defendant that he was taking him were unable to do so as the ap-on which the Magistrate could have

found that the appellants became Nanking, Sept. 7-Ten thousand of Hibok-Hibok volcano on Carl- to the Central Police Station,, and pellants refused to quit defendant seemed to

Mr Brook A. Bernacchi, instruct-tenants on the condition regarding of General Chen Yi's Red forces, guin Island and that the sight was resont that must. There was

West Shantung, cut the Hauchow- car with defendant. in the

is appearing for the appellants, of the Ordinance.

between Min- the Philippine Red Cross and other maintain that any Kalfeng appellants

rallway

50 miles roller agencies had the situation in other European was in an ad- and Mr D. A. L. Wright, instructed

London, Sept The Ministry of that the most pressing needs were The appeal is brought on the taining the eviction of the appel- sources said today.

of the He went up following grounds of mixed law and lants under section 18 (1)

The reports sald Chen Yi's forces food and medicine. The problem is Food announced today that because Ordinance. him (witness) and sald: "This

fact

hit the market, the entire meat what comes of having a Labour

Was Mr Bernacchi submalited that a of Tungkuan and 200 miles west of being solved and more food is en homo-killed ment was beginning to The Red Cross manager, Dr Yan-ration of one shilling's worth would Government." He then went away. (1) That the Magistrate

wrong in holding (a) that section number of the grounds were com- Kallong. At 10.50 p.m.,, said Inspector 18 (1) of the Landlord and Tenant plately unanswerable and, proceed. These fed attacks caused the rom, told the United Press that the be in the form of carcase meat Part of the ration is, now made. Eggleston, a Police vehicle arrived Ordinance can apply, to a limited ing to argue on them, referred to suspension of train pervices on the evacuees only real need was rice from Septembar 11.

except for one He added that reports of a general |

with canned meat.-Uniteă with three Portuguese

section'' 'west of When he asked defendant to get the evidence in applying to Mackin thorities..............

|exaggerated—United · Press, to the tosh's Limited of Hongkong by! info,the front seat next

veropean

The

anothered by Mr Y. K. Kan (Lò and Lo}vacation required by section 18 (1) crossing the Yollow, River from "majestic. Palace announced that

The

vanced stage of drunkenness. He by Mr J. T. Prior (Wilkinson and one of the eight grounds was sum-chuang and Yellchikang,

cient to prevent the respondent ob-east of Kalfong, pro-government Camiguin well in hand. It added

stepped out of the car but his Griat), for the respondents. body was swaying.

to

П

oro

Carcase Meat For A Change

constables. coinpany and or (b) was wrong bn') and quoted from a number of au- | Lunghai rallway whiskuan.-A830-' | acute: food abortage wero somewhat up

| Press.

The case is proceeding.

ciated Press.

STAR

Phone 553IS

17 Hankow Road, Kowloon,

-TO-DAY ONLY

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2.30, 5.10. 7.20 & 9.30 p.m.

ROSALIND

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HOBERT

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