1948-12-03 — Page 5

THE HONGKONG TELEGRAPH, FRIDAY, DECEMBER 3, 1948.

FULL COURT FINDS MISDIRECTION BY

TRIAL JUDGE Sentence Quashed In Robbery Case

Holding that there had been misdirection by the trial judge at the October Criminal Sessions, the Full Court, comprising the Chief Justice, Sir Leslie Gibson, and Mr Justice Reynolds, this morning quashed the conviction against Wan Kau for robbery by two or more in the New Territories. Wan Kau was represented by Mr Brook A. Bernacchi, instructed by Mr M. A. da Silva. ·

On November 26 argument on the law regarding an accessory before the fact was heard by the Full Court, the Crown being represented by Mr A. Hooton, Crown Counsel. Together with Wan Kau, who appealed against conviction, Chan Shul-ping and Teang Shing appealed against sentence, The appeals by Chan and Tsang, who were sentenced by Mr Times Law Reports as follows Justice Gould to nine years, were refused.

he handed the jemmy to King with the knowlege that it was wanted for in burglary. He did not know it was wanted for this particular burglary."

Decision in, the case of Wan Kou, who had been given a similar term for being an accessory before the fact, was reserved until this mor- ning. Delivering written judgment. the Chief Justice sald

The judgment is reported in the

"The Lord Chief Justice, in de- livering the judgment of the Court, suid that the jury had returned what the learned counsel for the Crown agreed was a special verdict, upon which the only question in the case arose. The question of low was whether on these findings the appellant was an accessory before the fact to this burglary. It was important, no doubi, to consider what was an accessory before the fact.

It had been argued before. them that a man was on accessory before the fact to a crime if though absent he assisted. They did not wish to express any view upon that definition as to whether it was right on or wrong, because even if that were The applications of Chan Shui-so the facts as found by the special ping and Taang Shing were refused. verdict did not bring the case within We reserved our decision in the case of Wan Kau.

Three persons, Chan Shul-ping Thang Shing and Wan Kau, were fointly tried at the October Sessions on à count of robbery by two or more contrary to section 40 (1) (a) of the Larceny, Ordinance, 1935, and were convicted. All of them plied to this Court for leave to appeal against their convictions and the

heard Applications were November 26.

ng-

The particulars of offence as set

were out in the Indictment follows:-Chan Shui-ping, Tsang Shing and Wan Kau, together with one Fang Shek Kiu, not in custody, on or about the 15th day of July, 1948, in this Colony

Shek Van of $4,000, one wrist watch

the definition as

Mr Wilies

had framed It The appeal therefore would be allowed and the conviction quashed."

Mr Hoolon submits that it is sufficient if the crime committed is the natural

and probable con- sequence of the abetment and that the particulars of the crime -com-

mitted need not correspond precisely and one ring, Chan Ah Fong on with those of the crime abetted. To or about, the 1st day of July, 1948, In this Colony, did counsel, procure illustrate this principle, he refers by and command the said Cin Shui-analogy to cases where the crime ping, Tsang Shing, Wan Kau and committed is different from the crime Peng Shek Kiu to commit the said offence."

GUILTY AS ACCESSORY

were

It is clear from the learned trial the judge's summing-up and from record that Chan Shul-ping and convicted 018 Tang Shing principals. The learned trial judge directed the jury that the evidence

to justify a was inaumetent viction as principal in the case of Wan Kau. but that they were entitled

en the count to convict him framed as an accessory before

the

was nevertheless betted bat likely and probable consequence of the abetment. He agrees that D person cannot be

an accessory to general Intention 10 commit robbery or even, ray, to an intention to com- mit a robbery (no particulars of which are disclosed to the accessory) somewhere in a large town, but sub- mite that in this case the fact that Wan Kat knew the

robbery was to be committed in some con- to

house stnall village like Chung Muk Tau sufcient to particularise the is crime, even though Wan Kau did not know which house was to be the scene of the robbery.

US

the

feet and the jury's verdict in his must be taken to be a verdict

сабе

of gulity as necessary before fact.

The Grounds of Application

the

for

There is a surprising dearth of relating authorities as to the low

YES, IT'S STILL JANE!

She's not wearing her traditional sweater, but it's still Jane Russell, looking tough and dressed up like a bad man for a scene in "Montana Belle." Studio dressmakers had to de-Russellise her with a tight-fitting camisole which compresses her 371⁄2 inch bosom, AP Picture,

Indonesian Truce May Break Down,

Warns UN Report

Paris, Dec. 2.-The truce between the Dutch and the Indonesian Republicans was being in- creasingly strained towards breaking-point, the United Nations' Indonesian Good Offices Committee warned in their fourth interim report, published today:

The Committee reported to the Security, Council that, despite all their efforts to settle the dispute, there had been no progress since June.

LIMIT TO ASIA'S PATIENCE

Sydney, Dec. Z-The United Nations Economic Commission for Asia and the Far East was told today that Asia needs something like Marshall Plan aid to rehabilitato itself.

Mr C. G. Desal, leader of the Indian delegation, said at the at Organisation's conference Lapstone, near Sydney:

"The Western powers tell Asiatic countrica they must put their houses in order before they receive help, but a Hitle Introspection will show that not all Asiatle peoples ore responsible. They have not been masters of their own destinies.

"China i

is in a bad position, but the Western countries

who telling China to put its house In order encouraged Japanese aggres- sion against China,”

ard

Mr Desal sald the fact-Anding reports of the Commission were Important, but there was a limit to the patience of the people of Asia and the time had come for some action.

United States Ambassador Myron M. Cowen said Mr Desal had not correctly interpreted remarks he made yesterday of United States' views toward the Far East.

Mr Cowen. said he stated that fallure to

create a favourable econo mic situation by the countries con- cerned would by itself ilmit develop- ment through a discouragement of focal capital formation as well as Importation of capital-Associated Press,

FIVE-YEAR PLAN

A working party released today a recommendation for a five-year Industrial expansion plan for - Asla and the Far East. The main poluts of the plan are:

Expenditure of the equivalent of £3,400,000, of which £1,850,000 will be spent in China. ECAFE countries to provide 45 per cent of the capital,

Of this total, £1,300,000 to bc. spent in expansion of rall and water communications.

Hydro-electric power Installations to cost £455,000 of the remainder.

Hsuchow Won

By Reds

(Continued from Page 1)

Gulf of Chill to land at the northern tip of the Shantung peninsula.

the

"The Netherlands delegation has that until comparatively recently "It is absolutely Impossible," been reluctant to consider proposals the political discussions were carried Teng said. He indicated that put forward by the Australian and on in the hope of solving some of Chinese Navy patrols are keeping United States representatives on the the problems.

the Chill lanes cleared of any has Committee, and neither party

to accessories before the fact and in the exact scope of the decision leave to appeal in the case of Wat

Rex v. Lomas, as set out in avail-1 Kou were as follows:-

(1)___That the Learned Trial able reports, is not as cicar as one Judge should have withdrawn the would--havo wished it to be. but

opinion

that Rex v. Lomas We are of must be taken to be an authority for the proposition that, although a man may be liable

Trial the

OPTIMISTIC

I was also felt that the "some: Red attempts to move troops by n come forward with proposals for an what chaotic conditions" now pre-junk fleet.-United Press.

Republican Indonesia overall settlement of the dispute," "vailing in

were not wholly the result of delay the report said.

The Committee emphasised that in reaching a political settlement. the delay in reaching s political The absence of a sound adminis- Tientsin, Dec. 3.--While the Red settlement hus had four Important tration and the refusal of the Re-threat to the coaimining centre "of publicans to accept Dutch assistance Tongshan has increased with the results:-

A serious deterioration in the in such problems as food distribu- arrival of more than 20 Japanese-

situation. economic

the tion, it was said, were two import- type tanks at Teunhua, 40 miles to Republic,

andi a delay in the ant causes of "the present deplos- the northwest, from Manchuria, Mir accessory economic

recovery of Indonesia as able situation." coupled with the Chin Font-chuan, the chief of the lock of authority by the Republicans Educational Commission on General whole. 2.Increased political dmculties to

their own forces. Fu Tso-yi's Headquarters, expressed within the Repubile.

Router. 3.-Creation of political lension between the parties.

case from the jury of the close of the prosecution case.

the Learned (2) That Judge misdirected the jury on law, as to an accessory before the before the fact in certain circum- the following words: stances for a crime other than the fact in "Counsel for the third accused told crime he immediately procured, yet he cannot be convicted if he did you that some speelfle crime must

crime bon contemplation. that there must have been those principal to select the crime or even tention to rob some specifle house he is not correct. If they had in- to select the particular crime from tended robbery in this particular a class of crime such as burglory village it does not matter whether or robbery.

decided they

the particular house before leaving or at the time in the village.”

on. If he meant not

not procure any particular

оп

in-

at all, but left it entirely

the

in

to his

every

(3) That the conviction was treatise on tho 'criminal law against the weight of the evidence which we were referred. The prob- admissible against the third ac- lem is, of course, to decide

much knowledge of the particular crime a man must have him llable as accessory.

cused.

Mr Bernacchi, who appeared for Wan Kau, did not press the first Around had submitted that thoro of appeal. At the trial. Mr

Wan

Kau

was no case for but,

to answer

to

a

within

truce "with the ever-present possibl- lity of its general breakdown"

4-An increasing strain on the

control

Mr Faint-Heart Opens At YM

optimism on the outcome of the forthcoming North China battle.

Drawing a numerical parallel be- tween the rival forces, Mr Chin sald the Communist commander, General Lin Pico controlled 12 columns (each column 18,000 to 30,000 columns strong) of which seven have invaded East Hopel already.

Infantry Including Independent

brigades, divisions and artillery perhaps eight columns all told could be spared from peace maintenance in Manchuria.

Additionally, General Nieh Yung- cheng, the Communist commander In the Hopel- directing operations Chahar-Shansi border region, has three columns in active engage- monts.

Against these, General Fu Tso-yl could deploy nino Nationalist armies, each of 20,000 men, which Mr Chin claimed could copo the situation-Reuter,

FILIPINOS TO LEAVE Manila, Dec. 2-The Immediate mass evacuation of Filipinos from by China has been ordered by the and a Philippine naval tomorrow Wilson patrol

Normal trade to and from the In- donesian Republic, the report said.

Mr Faint-Heart, which played at of the case has been brought almost to a stand This interpretation appears to accord substantially with Gill, and economic conditions in the European YMCA last night, is

views expressed

Republican areas were reported by not exactly a happy choice for ama the Committee's observers to boteurs.

There is neither sufficient "critical."

comedy nor action to carry immature howi From time to time, the report performances.

And, though most of the players warned, "there has been an acute!

gave of their best, the lo render, fear of a resumption of military doubtless

action."

standard of acting, Judged by other is still The Council was also informed local amateur standards, that

what may be the final attempt adolescent. of the parties to reach an overnil There is insufficient co-ordination settlement began at the end of and an obvious lack of sympathy be- November, when the Netherlands tween the actors, who do not appear

Indonesian and

to take their acting as seriously a representatives to

dramatically and getting their

completely not to identify themselves

EACH CASE ON MERITS

be

No doubt each case must When Wan Kau

Kau was

called upon taken on its merits and, in giving to make his defence, he elected

our decision in this case, we limit make a short statement from the

and it is dock Rex v. Power 1019 1 K. B. 572 that trat statement, along

In an annex

to the report, the oquently precb can

of

is clear, from the case our decision as to the general law islaried direct talks.

with

the

to the proposition above stated. We expressly guard ourselves

against

was

* fed by the Crown

the before

fury and

properly before this Court.

aro

tion

of

satisfied

that the

the

that the

want

ין.

Bob

Ramsay,

50

4

вест

the Goverssel will feave

had

with

An official announcement said 78 landed from two planes

|morrow---Router.

Another group was expected to-

LEE THEATRE

· ADVANCE, BOOKING OFFICE

CHINA TRAVEL SERVICE 1, 'QUEENS ND, G. BOOKING HOURS; 1:40 Km 10,330 pm. dilg

FINAL SHOWING TO-DAY AT 2.30, 5.15, 7.15 & 9.20 P.M.

GEORGE

starring

ANGELA

THE

All women take to men who have the appearance of wickedness

LOEW-LEWIN, JAe Brasanie

Guy de Maupassant's

AFFAIRS OF

BEL AMI

ANN

SANDERS LANSBURY DVORAK

· With FRANCÈS ATE-JOHN CARNADINÉ-SUSAN DOUGLAS-BUGO MARK - MARIE WILSON - ALLERY BASSERMAN • KATHERINE EMERT » RICKARD FRASEN

· and WARNEN WRIJAM - A Motra-Ösldwyn-Mayer Picture Produced by DAVID LIOTW-kisshed and Directed by ALBERTUWIN

CARMEN

TO-MORROW

MIRANDA

MICHAEL O'SHEA

VIVIAN BLAINE

SOMETHING

FOR THE BOYS

in Technicoón,

PHIL SILVERS SHEILA RYAN PERRY COMS GLEAN LANGAN

CENTRAL

ATRE

270, QUEEN'S RD. CENTRAL PHONE 25720. TO-DAY AT 2.30, 7.15 & 9.15 P.M.

LOWE'S FOLLIES

A GRAND VARIETY STAGE SHOW

INCLUDING

MAGIC! DANCING! SINGING!

SHOWING

TO-DAY

ADMISSIONS

$4.70, $3.50, $2.40&• $1.20

Cathay

ATZIO,

7.30 & 9.30 P.M.

FIRST TIME SHOWING IN HONGKONG

Mighty Monster Running Amok! Inhuman Beast Raging with Fury17.95 All-New Thrills.......... In the Strangest Battle Ever Filmed!

FRANKENSTEIN

Sunday Extra Performance

Formand Cravot, in

Luise Rainer

THE WOLF MAN

larring

ALONA MASSET PATRIC KNOWLES

within

BELA LUGOSI LIONEL ATWILL MARIA OUSPENSKAYA,

and

LON CHANEY

By Popular Request Again! "THE GREAT WALTZ”

Welcome From 'Solicitors

T

Mr Justice James Wicks, who sat press the satisfaction they felt, at with Mr Justice Reynolds at the¦ having so able an appointment madai, weekly call-over of summary actions In the person of the judge selected at the Supreme Court this morning, to preside over the summary court, was welcomed by Mr C. A. S. Russ On behalf of all of them, fe ex

solicitors' pro- pressed extreme planura” at this on behalf of the

oppointment,

*Mr Justled “Wicks thanked Me

Indonesian Government declared the ruling that the fact that the that recent events had confirmed "with their parts, and one cannot principal is left with some measure fast-growing conviction in the Ro- forget that they are only acting. of selection as to the crime to be

Dutch do The leading roles are taken "Myra" committed is necessarily fatal to a public

not

settlement on Dawn As regards the third ground, we conviction as accessory, however

..Kenville Agreement but stenographer, and Leonard convic-much the field or method of selec- the

determined to proceed uni- as a bank clerk, who fall la love for Shanghai, It was officially an- by are was not against the weight tion may have been narrowed

rom laterally to set up a United States on a pleasure cruise in the Mediler-nounced today. evidence admissible against

are about 700 Filipinos in and it follows from

there and 200. in other Chinese accessory

Ime of Indonesia and a Netherlands- ranean. the third accused but, if there

If the crime our proposition that, it

Indonesia Union without the Re- alleged itself is

Leigh provides

little suficiently identified

cities. The in was misdirection

Arst large group of comedy as the lounge steward citi In the second ground,

it is not public. Reuter.

and Olive Starbuck, as Mary, stands United States evacuees from China should not be satisfied

REPORT "DISTORTED" that, the mind of the accessory,

fatal that the principal was left

Others arrived here in a naval aircraft this without

Batavia,

2Tho that direction, the Jury with a measure of selection as to

Dec.

Dulch up to her role quite well. would or must inevitably have come

circumstanter in which the Cabinet delegation here will discuss who take part are Vera Rumian afternoon. the to the conclusion that the accused crime was to be commitiéd.

with lenders of the Indonesian non-zefl, Nelson Sclater, Margaret Sim, was guilty. Mr Hooton, for the Turning now to the facts of this Republican States and special terri- ftoss Arnett, Harold Parker, Arnold Crown, quile properly conceded this point. It was on the second ground case, we are of opinion that, if all tories on Saturday the latest develop- Graham, Kay Stuart, and Norman

that Wan Kau knew was that the ments in the negotiations for Indo Tucker M.H. that we took time to consider our principals intended to commit robe nesin's political reconstruction.

of the Importancobery at some house in the village,

This decision in view

was officially announced to

meeting night after the Intended crime was not sun- of the point raised.

between the and a committee re- 1913 CASE QUOTED.

delegation ciently identified in his mind. Mr Baranechi contends that a man the learned judge had told

Washington, Dec. ZA new com-ference invited the Council to sub-fession. can only be convicted as accessory jury that the house at which

Saturday's talks would mitteo to study the world supply and mit the results of its studies on such before the fact ! he is shown to robbery was to be commlited

umissed and have been an accessory before the not matter provided that the vice determine whether the Dutch dele distribution of agricultural products agreements to members Governments sent, expressed the satisfaction of the

Cation

would return to Jogjakarta was announced today by Lord Brace Immediately after is first 1949 solfeltors at the appointment of Ms Chairman of the meeting, If possible, and to suggest Justice Wicks to the Supreme Court by: fact to the commission the tim was identified, whether

of Melbourne,"

песевзату "action.

Bench. orto continue the informal discussions principal of some particular crime, name or description or locality

"Mr. Justice Wicks has, while lfo relies on a decision of the Court otherwise, we should have been with the Republicans or return to Counch of the Food and Agriculture

The new Council meeting will be no mis Holland

Paris next Jund.

sitting as a magistrate in Kowloon, of Criminal Appeal in 1913 in the satisfied that there was

Omolal eroles In The Hague The members will bo Australia, Indin

fook a leading part in the created quite an extraordinarily Can of Rex VA Lomas--30 T.L.R. direction, but an examination of the 12 110 X 239. Lomas and King notes of the summing-up as agved today described the interim report Belgium, Brazil, Britain) Canada Conference discurtions on inter- favourable impression among men sweeping awards on a front of were convicted of a certain burglary, by counsel shows that in fact no of the Good Offices Commission on India and the United States Ther national commodity agreements, and bers of the legal profession by his 10 miles, with wind tanning the incom will pay particular. ́attention to the iste delegatos, warmly, supported the courtesy, patience, b his/northern' part of the Harz Mountaină.

ad, dames was tonight; raging "in-the Kink an principal and Lomas as auch proviso was made.¦

Indoncala as "substantially are pieto" and presenting pechpeory before the fact. In the In these circumstances, wỡ cad of Loring, the jury returned a of opinion that there was misdirec- vlow of the situation,” “distorted |,"current or future need for inter-principle as a "menns by which im- what perhaps Is Nevenkin near, Goslar.:

national commodity bgreements" porting countries could be assured at enormous energy for.

Firemen and local volunteers ware This follows the approval given by least some portion of their needs over he has displayed in carrying out his Responsible Dutch spokesman, ad-

| cutting: are lanes. Inhabitanis des mitting that there had been no the recent FAO Conference here to a longer term than by the existing legal dutles there," said Mr. Russ

Mr Russ, sald the members of his cribed the blaze as the worst in the direct progress towards a political the principle of the liternational day-to-day purchasing methods.

profession desired strongly to ex-area within living memory Reuter, agreement since the last report, sald i commodity agreements. The Cons Reuter.

the

.a

Dating non-Republicans,

the

didally reliable sources said they

by

apedial verdiët as follows, KUHU tion and that the conviction of Wan

#ogeruilty that he had a Kau must be quashed. cerdad? Manwodze that the lommy i Wan Hair was accordingly wanted, for an legal purpose; charged.

dia

To Study World Food Problems

Organisation.

In

Mr Rusa, the senior solicitor pre- | Trus

Destructive 'Fire...

Brunswick, Dec. 2 forest fro

Page 5Page 6