1949-01-04 — Page 5

Hongkong Telegraph 港電新報 士蔑新聞 All

P.W.D. LARCENY TRIAL OPENS

Separate Hearings Refused

SPARY AND KWOK IN DOCK

An application for a separate trial made by defence counsel was refused by Mr Justice Reynolds at the Criminal Sessions this morning when the PWD Larceny Case came up for trial before a jury of four men and three women. Scated in the dock of the Second Court were Kwok Kwong, forentan, and Austin Spary, electrical inspector, Grade 1, who face twelve charges, involving ten of larceny by public servant, one of obtaining money by false pre- tences from the steward of the Kowloon Bowling Green Club, and one of conspiracy to defraud the Government of money.

A.

THE HONGKONG TELEGRAPH, TUESDAY, JANUARY 4, 1949.

+

Red Radio No Official 4 Appeals

Hits At US Backing For Aggressors Ba Maw's Army

that the Government dices not ap-

Refused

By Court

prove of sending 11. Hurmesn Four criminal appeals were expeditionary force to fight against tho Dutch in

Indonesia.

Rangoon, Jun, 3. —A - BumCAS Shanghai, Jan. 3.The government spokerman suid today Chinese Red radio today "re- peated its charge that the "pence offer" was inspired by "Chinese reactionaries and the

The spokesman, commenting on American aggressor" and added yesterday's announcement of such a that the British and French force by toner Premier Ba Maw, governments are supporting sad the situation in Burma woud this policy of American im- permit any plan to place any perinlism."

of munitions in the large quantity hands of unauthorised perust

fię vald Bucon needs all her arms for her own red-ighting Com- munist insurrections.

It also claimed that "there absolutely no ispute about 41.5 victory of the Chinese people's liberailun war throughout the coun. Ity, even minong world opinion, In- chading imperialist 'papers."

The Reds wald: "The enemy w not expire of their

Record. Melther The Chinese reactionaries nor the forces of American ip-

Own

"We have our own lawlessness to slomp out and ove present stocks

of arms and ammunition are in-

sufficient, the spokesman sald,

"An we pre still having to pur- chase stocks from abroad to arm the nation's defence forecs we canet he expected arm an ex- beditionary force such as Ba Maw ráva he is raising for Induncala,”

refused and sentences confirmed at hearings before the Full Court of Appeal, comprising the Chief Justice (Sir Leslie Gib. so) and Mr Justice Wicks (Additional Judge), this morn- ing. All the appeals against sentence only.

were

Yeung Tak-ping, who was given five years' hard labour and six strokes of the cane by Mr Justice Gould on November 18 for rubbery with violence, asked för a reduction of sentence on the ground that he was penniless in Hongkong, and was forced to commit the crime for which he was convicted in order to ralse his passage back to the country.

Confirming the sentence,

Chitef

the

The spokesman pointed out that Justice said; It seems that what The 14-nation Asialle conference happened was that you went up to called by Indin will consider the a woman, seized her from behind by Indonesian situation and decide the throat and tried to take her what action is to be taken.-50-basket, but succeeded in getting her thecinted Press.

perialist aguremalon In China w voluntarily retire.

"Precisely because they see that the hation-wile victory of Use Chinese People's liberation war can- not be blocked merely by means of milltary struggle they are more and more coming to attach the impor- tance

nce of political Icaus to struggle.

"On on? frand the Chinese re- actionaries and the American og- Kressor arc using the pretent Kuomintang government to carry on the prace plot. On the other hand they are planning to use persous who have connections

The with Chinese Nationalists and the Amri- ean aggressor, as well as with the revolutionary camp.

"They are

are inciting on Institution

ring. You did that after threaten- Ing to kill her. We think that the sentence imposed by the trial Judge

Eisenhower Was was in no way severs.

My Boss

they had been sworn in. Mr Chen understanding of the case was that of these perrone to sneak into the emphasised that good discipline made had either aged parents to support

In the absence of the jury after

inade his application for

trials

the on

round

the

scheme

The nccused may be prejudiced and that they may attack one another when

reliable the they gave evidence, and on

uke ground that one accused may muke statements prejudicial to the other. Another ground WILH that one accused may be asked questions,

evidence-Which

To

that

ir

he

he

may

U11

the

Have

refuse ground

may incriminate him.

answer

they

J

the

a

(Continued from Page 4)

The General' was far from a mar- But he (net on spit-und-polish. good soldiers, and often saved lives in combat.

During those early days, I actual- y had le driving. Most of the General's time was consumed by staff conferences, planning. paper

work.

be

A

chap:

SENTENCE CONFIRMED Leung Wing and Au Chung, who were sentenced to four years' hard labour and 12 strokes of the cane by Mr Justice Gould on November 18 for possession of arms and ani- munition, asked for a reduction of sentence on the grounds that they

or several young children who were dependent upon them.

The Chief Justice, refusing the the accused were mem- appeal, sal bers of a party of three who were found with revolvers, a dagger and a coll of wire. There was no doubt they had those things in their pos session for come evli purpose, and

1 that being so, the sentence upon them

Was

In no way severe for that of offence, and the only ques tion to be considered was whether

ཨ་ the

kind of

the Appeal Court should increase the sentence, as they had power to do in such

The Court an appeal. would, however, content itself with wo confirming the sentence imposed in the present instance.

Mr Percy Chen, Instructed by or at Hunghom and asked for an Mr C. A. S. Russ, appeared for estimate. The estimate WAS pre- Kwok while Spary was represented pared and it approved then the head by Mr V. 3. L. D'Alton, instructed i office at Curoline Hill would requisi- by Mr P. J. Griffiths. Appearing tion for stores to be sent from North for the prosecution was

Point to Wanchai whether the work Mr

was to be done in Hongkong or in Hoofan, Crown Counsel, assisted by Chief Insp. J.

Jolinston,

the Kowloon, of Special Branch.

Mr Hooton said that portant

point for the joy's

separate stores were issued from Wan-

revolutionary my camp to form a the chai to Kowloon without a proper that

so-called opposlim force to disrupt stores oyfer chit.

resolution. According to Counsel

went on to say that al- though Spary was in charge of the

the American soures, Wanehur workshop and had been government is determined of such a since March 1947 when he moved

hus begun to carry it over from Hunghom, he retained out in Chim."

With the comparatively slow busi. The Rado added that the Ameness, I got to know the rest of

the quarters at Bunghom workshop

rase ricans programme is: and it was the prosecution's

General's "oficial, farqily," ns that he

he bus frequent conversatio

Kuomintang rolled us, 1. To bolster with Kwok at or near the work-military s rength and organise pro-

The

charmer of the group was C. shup and the jury may think, iter vinctal forces for continued fighting that genial Navy officer, Harry RIGHT TO REFUSE

bearing the evidence, that some of) south of the Yangtse.

Butcher former vice-president of To try to organise opposition | Columbin Broadpating System and 2. Mr D'Alton

himself conversations were on the sub- associated

of a private | wi hin

Communist

then a Lieutenant-Commander. camp.- with the remarks of Mr Chen and it of ergenisation

W! business for profit, using Govern- United Press.

tall smiling, and very social submitted that would be within

it

Butch was front-office boy, full-time the rights of Kwok.. if he chose to ment materials.

THE FIRST CHARGE ·

wide persunal friend, eager pubileist, give evidence, lo refuse to answer

and chief diorist. (That diary was Afur dealing with the nature of 1 incri- any questions which might

later reunirable the world over nimale him in proceedings

| the changes, Me Hooton, referring to other

said that it con-

as the best-selling "My Taree Years than those before the Court at the the Brst charge

Butel's only With Eisenhower'). nowiene and pedi etrically This, he sak, jeune present nwment.

enthu Royal Hongkong

tolling was an over-contous

The siarm

retations. General ocen:lancity stormed when his inval aide gave out some highly

pat Dery sidelight to the press. Me Hooton replying cald that the

it was Balch who lived with the aim of the presccution in laying the

General, travelled with him, and charges had been to take particular out of t But, sald counsel, it way

Sir-It seems to me that in the

served him inest ahly as Friend. The Chief Justice, retusing care that there would be on pre-, not necessary for the jury to be satis-

Butcher zeal for publicity appeal, said: You have six previous He said. juliee to the two accused,

fed of any proof that they did maker Moss controversy the Press is

for a higher; work was equalled

only by the convictions. After committing lar initted fint the accused had been a profit. If they did believe that Hiving itself credit

standard of responsible journalism Amy atcle-de-camp's energy inny and burglary, an expulsion! properly joined and that they shauki the serured did receive payment for

Uan it displays in

I

executive work. in reality.

Tex was the order was made against you. be tried together.

the Sob then it would reflect more

squeamish, but bespectacled, e in ing-voiced, twice came back in defiance of it. Refusing the application, kus Lord- seriously on the nature of the charge, particularly

wak revolted by the unnecessary

towering captain who rode herd on A banishment order was then made Air Hooton went on to say that a sip said that it was posible that

picture

the General's paper work. He was against you. which sppeared in the

but you also erme the accused may allack each other member of the Committee of the

the administrative, fitzn. the of January Hong Kong Telegraphi

red-back in deflance of that, and now but that was

necessarily a Yacht Club, a,

a Me Forsyth, THE

ap3. This showed

lane ortist, the office chieftain, the you come back again in defunce Kround that

mother bending They shoul have proached Spary whom he knew and lo

official worrier. her

of the law. It is quito child killed

obvious Consequently asked if he could recommend any accident. If this is

moto: separate trials.

Another character in the inner- there al

is nothing to be said for Brink that in the interests of justice, electrical con'ractor for The

is a sample job.

„Emost cast responsible and high minded jour

was Sergeant Mickey the two accused should be tried It was alleged that Spary

If you come back another replied

MeKeogh, the black-haired, blue-

time, you will find yourselt more together. The application for that the job was not very big and also, I am led to one conclusio separate trial is refused," said Mr his fellows could do it at week-ends Mr Moss has relieved us at thyed little Irishman who had been severely dealt with. Justice Reynolds.

in their spare time." He also said necessity of secin!! some ghoulist reporter's photographs of the man- gled corpses on Basalt Island, ther more power to Mr Moss, suy

would seriously embarrars the des equipping the สอน

Yacht

Club fence of Spary and he submitted

It was alleged that the

tant it would not be in the interests two accused combined together to

of justice.

Jast

rewire the Club without the know-

ledge of the Government and it was alleged they made a personal pront

materials

much

CASE FOR CROWN

he could Addressing the jury, Crown cheaper. Counset said that the etse night Mr Hooton told of a meeting-be well turn out to be one 10

tween Spary, and Forsyth subse-

which sume considerable time and he felt quent to

a visit was to the Yacht Club it was his duty to warn them that

work to where the

for repair evidence wontd some of the

was inspected. It was alleged by some extent be technical and

and per-

the Crown that Spary gave instruL haps tedious, but he fell sure that

tions to his foreman, Ho Ting, to re-

נמון

Over

Letters To

The Editor

Reader Revolted

#

In a

A. M

Radio Hongkong

L&T.

d. Pingramme Summary: 401, Chil

נין

ין

A le banishee, So Sin, asked for the a reduction of sentence grounds that he did not return tor the purpose of committing a crime hut in order to take his mother, who was ill back to the country. whe

that promised

if he vero he But banished again

would sever cturn to Hongkong.

trip

you.

DEFIED ORDER

the

You

So: was sentenced to four years' hard labour for returning from life banishment by Mr Justice Gould on November 18.

hellhop in New York, Mickey was everything to his General-his walking memo pad and his left bund, an immeccable and loyal or- derly who did anything-from-shin-- Another life baulshee, Chân Yu,"

shoes og brass to shoppingt alias Lai Kwan, allas The Kau, alias shove ali, he shared his unfailing. Wong Hing-ki, who had 10 previous oubbling Irish humour. And hc

convictions, appealed for a reduction wrote a personal report regularly of his sentence of four years' hard sach week to Mrs Mamie

Eisen- labour

for returning from banish- hower, the General's wife.

ment on the grounds that he gradually oozed into this eirele wished to recover his БОП the members of the jury woulti pas une the whole of the wiring and the Gren's Star But again" by Elf Lewin becuase all my off hours were spent who, he alleged, had been sold by special

attention throughout the

Clark (DBLTS: 0.15, Fred fartley and, watting around the General's unlee his wife and it would be too late whole job. In consequence of these me (ECTS); 6.30, Cantonese bi case, because they were the Judges of whether the accused committed orders Ho Ting cent a

Radiu given by Miss Lee Was tun and util he was ready to take a chargehand

from the War Office the offences with which they were

to make a detailed estimate of what S K. Lee (Studie); 0.50. Fredsty Martin anywhere

and is Orchestre: 7.00, World News and supply headquarters in Chellenhum. work was

required. Subrequently charged.

He asked the Jury to

New Analysis, undan. Relay): 7.39. Also, I started to recognise. the

"See Tee" Talks on Sport Studio; 75, banish from their minds anything Spary told to Ting that

then wiring they may have read in the newE-

could be obtained from the second

Interimte: 7.31, Stage and Screen Favou Know, all the senior subordinates who rites presented by Alleen Woods (Studnj poured into that little office with floor, of the Wanchai workstop. The papers or heard about the case.

8.00. From the Editorials London Retheir problems. I gingerly attempt Dealing with Spary, Mr

lighting wiring war obtained from

lay) te..University Programme AKTI culture No. 6: "Dairy Science" by Dr. ed come paper work and helped out sald that he was an electrical in the Hunghom workshop and. this

Herbert D Koys (BBCTS: 9.30, "tucli on phone calls. Without knowing was where Kwok Kwong first came, spector, grade 1, and had been en-

Unofficial flouting in thử Marsh” (HBCTS: 9.00, it, I wos Joining the into the picture. ployed In such capelly

Grieg: "Peer Gynt Suite No. 2, Op 55. Official Family-Butch. Tex, Mickey, now for some years, and at the time these

Club by workmen detailed by Story: "Kowloon-On-Avon" Written and Read by Jack Shepherd Studio: 34 was electrical inspector in charge of He Ting because he had been in-

Competer Cavalcade: AI Hoffman. the Wanchal workshop belonging to structed by Spery. The work oc-

FORST; 1000, Radio News Reel (London cupied ten days in Government Tay 10.25, Weather Report; 10.16 "Berthaven's Last Quartets" Quartet No. 14 C Sharp Minor, Op 131.The Busch Patet, With Iran Talk by the Rev Per T, F. Hvon, J: 11.00, Aberal ed 11.15, Weather Report and Chore Down

1100ton

alleged offences were committed he/ Yockwork was completed at the New Light Symphony Orch., 9.15, A and Kay,

the Government. Kwok Kwong was time and the men were paid by electrical foreman at the Hunghom electrient workshop.

Government Including one Sunday's overtime work.

"In their care and in their safe- Keeping are entrusted the materials

their retre

Mr

189 Frozen Bodies Fomid In Streets Shanghai. January A total of 189 frozen bolles, of which seven were adults and the others children, were picked up in the city's street Yesterday by the Publie Benevolence Society. The death toll has amounted

WORK CERTIFIED workshops to There was a far more important i which they long," said Mr Hooton. aspect of this charge, wald Mr "These workshops are designed for Hooton. Io Ting handed to Spary the making, storage and holding of a list of the materials which the

heid been using, M the Hongkong Government electrical workmen stores which ore

Forsyth was then due to sto on Government. Kwok leave and on January 20 he went Kwong is not of course in complete charge of the

to Sonry's office because ha Was Hunghom workshop, settling up accounts and Spary ped- Is responsible to another elec-uced the list of materials. trical inspector.

П person by the Forsyth linselt, endorsed it and name of Arthur Frederick May. But certilled that the job had been done Mr Moy is not the subject of any to his satistpċtion. charks before you here today and Mr. Hooton said, that it was next. therefore I hope you will be able to discovered that a cheque had been of the victims showed signs of neur Itsregard and Ignore him when you made out and paid to somebody.

starvation. The weather yesterday" pre considering this case. Any con- They did not know who actually dropped to clusions you

18 degrees Fahrenheit you may com are not concerned with want this but

about him presented the bill to the secountant and at midnight lost night resched

ady lid. But somebody

The bill boro time

15. Hundreds more bodies are ex- Chrong - he letterhead of

Wing,peated to be picked up today.. KNEW EACH OTHER WELL electrical contractor, of. 7, Mercer The Benevolence Society reported "The electrical work of Govern Street. The bill was attached to that 4.211 bodies were pleked up off ment is done from these two work- | the piers of baner on which Spary the streets since November 1. How- shops There is one other point had ob ained Forsyt's authority to ever, some of them lied of natural. I would like to make at this stage pay,

causes.--United Press.

fact

to 513 since Christmas.

Almast In every ease, the bodies

ond that is that although Spary at "How did that bill come to be the time, these offences are alleged minde ant because there is a Cheong to have been commit'ed in 1947 and Hing electrical contractor at Mercer to whom the cheue was given. The 1040 was in charge of the Wanchai Sreet?" asked Mr Hoston. "It was amount was $1,592.72, which must he had earlier been in found out that a certain Lam Yam, have been fiven elther to Kwok of the workshop at Hunghom minster of the shop, made out the Kwong or Sputy or to somebody. and while he was in charge there bill at be request of Kwok Kwong because Kwok handed the chcqite Kwok Kwong had still been form; In consideration of frlandship o his brother, Kwok Hing-chu, and. man and therefore there WAR 10 and for the

that told him that it belonged to one of that they

did know each other Kwok sometimes put work in his friends who had no bank well and hnd nssacinted together and his way,"

coun!. The brother cashed they knew well the workings This nid Crown Counsel were cheque at John D. Hu chison, where from there as well ตล Wanchat" the beginnings of a luk of con- he worked and in the evening hand- Crown Counsel then went on to suiracy between Kwok Kwong anded the money to Kwok Kwong. explain the procedure

for getting Epory. Spary had ordered the work Whether that money went further to work done. The department con- to be done and Kwok Kwong had Spary is a miniler of inference which cerned sent a requisition to the head jobviously had the Instructions

of you may want to consider at a later

doubl

that

offen of the electrical department of Spare to get tiro, bl, made out by stage." Caroline Hill. The Chief Engineer Lom Yein,

saw the request und passed 11 to the *"Somebody received

ne- the

1

Mr Hooton hnd not concludert payment“ popening addrew when the lunchens.

electrical Inspector cillier at Wanchal shid Mr. Hooton, "We cannot trace adjournmist wân‹takoni

(COPYRIGHT. TO BE CONTINUED TOMORROW),

SIDE GLANCES

to recover the boy after he had wish, he added, to place his son in served his sentence. It was his

an orphanage Appellant also ask- for a seduction of sentence on necount of his age.

The appeal was refused and the sentence confirmed.

Chan is serving a total of six years' hard labour. His sentence of four years imposed hy Me Justice Could on November 18 is to follow a sentence of two years imposed on the accused in a Magistrate's court for burglary.

By Galbraith

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SPECIAL' FOR ONE DAY ONLY Robert Newton in "OLIVER TWIST!” John Howard Davis

Guerillas Raid Dutch Positions

(Continued from Page 1)

"The Area is cleared of Republican but deckyed, "There is no need to Army troops"

Inform one's opponents, since the

It also said Dutch forces driving whole of Java is occupied: There is along the west of coast of Sumatra no regular Republican Army any. took Padarigh|nëmpuan, southeast more." of Den, and the former Republican Recaport of Sibolga,

A communique-claimed that ou tha Java front 109 Republican Army officers in Jogjakarta "volun- tarily surrendered to the Dutch.

Asked what had happened to the Republican Army of 200,000 men, the spokesman replied, "Only the Commander-in-Chief of the Nether. lands Army answer you.” -*

It was learned that, the Dutch had not yet informed the UN Se- curity Council's three-power Com-

mission of Good Oilces of the Dutch

The official spokesman for thu Dutch Army appeared hard preased to explain the circumstances sul?- rounding the strange censofre after ceasefire order. It was understood it was issued last night by the

Committee first learned of the the

by reading the morning Dutch Commander-in-Chief, Leut- censetire Ceneral Simon Spoor. General newspapers

It was also learned that the Dutch Spoor's order took everyone

by failed to inform the six-nation surprise, including his pubile re- Consular Commission and the lations staff, although the order. nited Nations Military Obsorvers allegedly was issued on December Board-United Press.

31

qabhutto 10-12

DOPR, 1994 BY Nea bemice, ma`T M, REG, M. A PAT, DEP

"This boy says he never writes mushy letters because so many girls parents like to pack at them-does he think we're sneaks?"

Asked why the order was mnde publle two days after its issuancu, the spokesman sald: “I am not; lu n position to give you information about that. I only received. It yesterday."

NO REGULAR ARMY. He admitted that the Republican commander had not been Informed,

U.S. Accident Toll

New Yoik, Jan.. 3—America's new year accident denih toll-the greatest ever recorded--was 309, the National Safety Council reported, kaday.

or the total, 207 pecpie- werd killed in traffic accičonta--Reuter.

Page 5Page 6

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