1949-02-03 — Page 1

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SOLE AGENTSONAN KANG CO UNION BEDE HE

VOL. IV NO. 27

For the Propelaion' of HONGKONG TELEGNAPIL For. and on behalf of:

SOUTH CHINA MORNING POST, LTD.

Wilhem

The

TODAY'S WEATHER: Llabi variable mainly. Enei to Southeast winds, becoming light or moderate East to Northeastˇ later... Over- cast, becoming falt. · For patches over sen.

Neon Observations: Barometele pretsure 1017.7 mbs, 30.05 in. Temperature 10.1 deg, F. Dew point 63 deg, F. Relative humidity 10. Wind direction Earl. Wind forec 10 knots. ·

Iligh water: 5 ft. 0 in. at 11.55 p.m. Low water: 4 fl. 4 in.

hongkong Telegraph.

THURSDAY, FEBRUARY 3, 1949.

SPARY DEFENCE OPENS

Counsel Argues Insufficiency

Of Evidence By

Crown

RAISES QUESTION OF POSSESSION

A submission that there was not sufficient evidence to substantiate the various counts in the indictments, namely larceny, fraud and obtaining money by false pretences, was made by Mr V. J. L. D'Alton before Mr Justice Reynolds and a jury at the Criminal Sossions this morning, prior to the opening of the case for the defence in the PWD Larcony trial in which Kwok Kwong, foreman, and Austin Spary, electrical engineer grade 1, are facing eleven charges. Mr D'Alton, instructed by Mr P. J. Griffiths, is defending Spary while Kwok is represented by Mr Percy Chen and Mr Y. K. Mok, instructed by Mr C. Á. S. Russ. Prosecuting is Mr A. Hooton (Crown Counsel) assisted by Mr.J. Johnson, ASP, and Mr D. G. MacPherson, ASP.

The case was adjourned from yesterday owing to the absence of Mr Chen who was delayed in Shang- hai by fog. Prior to Mr D'Alton commencing his submissions, Mr Justice Reynolds said:

Defence of H.K.: New Statement

London, Feb. 2.-Britain will take all practicable measures for the defence of Hongkong, the Minister of Defence, Mr A. V. Alexander. told the House of Commons today.

to

Art

due to leave

On

50

upon

of

10

the fact that the prosecution has

very

con-

With regard to the eighth, ninth and tenth counts, my submission, my Lord, is there is instaficient evi- dence to show any criminal nection with or participation in the work carried out at tho CPA, Kal Tak and referred to in these counts, the As regards the eighth and tenth counts, my Lard, may I submit briefly, that the same considerations apply in respect to the failure tả

from Government stores despite the Mr Chen, yesterday the Court authorities in support of the charges

connected with this but he could not and any.

considerable time that has at everyone

Mr D'Alton continued: were greatly inconvenienced

Secondly, elapsed sines the commission of the chse by your absence. I understand you my Lord. I submit that there is not alleged offences. were delayed in Shanghai, You sufficient evidence to substantiate the My Lord, I submit in this connee- were absent at the most crucial pari various counts in the indictment, tun that the prosecution carnet of the

on. In the escape the onus of proving their case proceedings, namely, when larceny, fraud and your client

called won

to first count the offence relates to the in the affirmative merely by alleging nake his defence. This has been a theft of 600 yards of electrical cable the possibilty of holding a complete

check. long and tedious case and a whole the said cable being in possession of day was wasted owing to

NO EVIDENCE OF INTENT your His Majesty. No evidence has been absence.

adduced ja show thal either

In regard to the sixth. count, my Mr Chen: I wish to lender my the property of possession in respect Lord, which is that of oblaining apologies

Lordship, to your

the of this cable was in the Crown. All money by false pretences, my sub- Court, my learned friends and to the evidence adduced by the Crown mission is that the Prosecution have the members of the jury for what mainly or even exclusively through produced no evidence of intent to was a delay which was caused by an the withers Ho Ting shows that He defraud which is an essential clos

God. of

was fog in Ting claims to have received the ment of the offence. There

1 submit Shanghai and the plane which was cable from one IIo Sung

Tuesday which that the inere fact that the cable The Government, be added. was would have brought ine buck in was handed over by Ho Sung to watching the situation in the Far good time for these proceedings

Ho Ting un the premises of the East very carefully,

not take off and if it did take PWD at Wanchal is insuffelent to chuld of it could not have landed. Yester-

ter show that the FWD owned or was Asked what, arrangements extated

of the cable, The conditions on of

The for dealing with the abnormally day morning the same

cable

have been at

obtained by alse prevailed in Shanghai and the

Dy large numbers of Chinese wishing is

to have taken off Ho Suag at any shop In Kowloon or Colonial plane which was enter Hongkong, the Secretary, Mr Arthur Creech Jones, at 7am. did not take off until 10 Hongkong, and that is borne out by said it would not be in the public'clock. I fender my apologies. Interest to disclose the arrangemene defence opened he would like

prove ownership or possession of the Mr D'Alton said that before the failed to show that any such cable

is missing from the Government cable alleged to have been stolen us which had been made by the

stores.

in the first and lifth counts. There Colonial Government in concert with make some submissions and he bod

ABANDONED STORES?

is. also, here failure to the Service authorities to meet the no objection to the Jury being pre-

prove deficiency sect.

In I pass new to the second count, any

Government eventualities referred to.

viores Counset referred to the words in my Lord, that is that Austin Spary Asked if the arrangements in-

despite the length of time cluded a definite limitation of the possession of His Majesty" ju the is accused of having stolen two

that has clapsed since the auraber

mission of the alleged offence and of people who would be indictments ward submittedl that thorescent lamp shades also in pos-

the

smount very considerable

of allowed into Hongkong in view of surely it was necessary to state the session of His Majesty. Evidence

materials alleged to have been stolen the danger to the colony and the agency through whitch possession was has been adduced by two prosecti- difficulty of feeding the people, the claimed H-surely could not be tion witnesses, namely, lo Ting and. or improperly used. Colonial Secretary said: "I can give pussension at large. Be presumed } 4. C. Brown, to show that a con- In respect to the ninthCount." the fullest assurance that that prob- the prosecution hud authority for siderable quantity of material in-my Lord, which refers to lu fluores tem has been most fully considered." | such charges and he hoped that luring Burescent shades

cent lamps, I submit that the pro- failed to Crown Counsel would quote

abandoned by the Japanere when secution have not only such

they withdrew or when they left.

prove or to offer suflelent evidence The prosecution, my Lord, have not

to sustain the charte, but the proved or attempted to prove that

evidence adduced by the prosecu- the two lamp shades in question are tion, on the contrary, directly dis- missing from any stores issued by proves the criminal intent neces- the PWD and without golug into sary to sustain this charge. detalls of the evidence I think we Lord will recull the evidence that are entitled to draw the inferelice a receipt was given for these lamps, that the prosecution

alleges that which is kept hi the records and is the two lamp shades were taken available to the prosecution. have from miscellaneous stores abandoned no doubt that you will recall that on the second floor of the Waschat it is necessary to prove that the workshop.

person accused intended permanent- ly to deprive owner. In this

the case, my Lord, all the evidence ad- duced by the prosecution goes to show that this transaction came well within the scope of Austin Spary's official authority.

-Reuter.

EDITORIAL

What Are Govt's Intentions?

THE suspicion is growing that Government, having deerced that radio

hall

with the new stalt, and that 90,000 to 100,000 dollars would

ather

casts. additional Thus it would be reasonable to anticipate

upproximately intention 1 $100,000 a year would be avail- giving listeners anything In

way of additional fiel

cover receiving Beences cost nother eight dollars

11 year. has

return in the

transmission hours programmes. passed

Lince

11lgher licence

better and

were

I subiuit, my Lord, that by law thing of which the ownership is for general revenue.

labandoned are not rapable of being Diret. for example,

stolen. the cost of the new stuillos which

.course appear House. Any argument

will in ele

Electra

ter

at

In

the

Is

DI

month bus the increase became operative. but

that it is necessary

appro- Government has remalued silent

nelate for general revenue money ow it is intended to about

earned

from Increased radio mako Usc of this additional licence fees because

AVENICE revenue. Perhaps it is necessary

Anaselat, condition соголув to give another reminder con-

unacceptable. This

type cerning this paper's Radio

sequestration Is not done Hongkong questionnaire of 10

where and it cannot be justified months ago. In which an almost

quarter in Hongkong. A

of unanimous body of opinion ex-

million dollar

extra a year Twelf

willing pressed

Lo pay

revenue could make but a plfling provided Ices

contribution to the general eneral the new revenus WAB devoted

bouyancy of the Colony's Loward Improving programmes Пances, but used for its proper from the two stations and

Purpose-the Improvement ot extending

the hours of broad-

Hongkong's radio stations the casting.

The Listenlag

public

same money can achleve im- view with considerable portant things. We believe that resentment any attempt on the

a modest, but useful, blueprint part of Government to interpret

for the development of the Colony's

broadcasting xtations on the lines suggested above

already

been submitted to quarters, and

are within Costa of fie additional expected from Increased Bcence

that as + flat mandate for more Incomo for general funds without the obliga- tion of offering something In return by · WAY of additional radio

services. Added revenue

指紧

from ticence rees for a full about can be estimated Je of

million dollars and it would require probably

1

only about a lakh and half

1

to provide the extra broadcasting serviced to whloh the public Hightly feels it is enllied. En- visaged are early morning trans-

7 missions, say from

to 9 or 10. and augmenting

of the existing staff; not only to ALSISL In presenting these morning sessions. but of helping to brighten the programmes now being broadcast. 紧急 Can be assumed that $60,000 would laka rood cars of expertes, connected

has the proper kuninbly fla

the Kimills

revenuo

to

pre-

the

fees. If this

there should be X10 hesitation on the part of Gov- ernment to announce that it intends to put this expansion programme into effect. Con tlaued detay in declaring what

Broposes

do about fm- proving Radlo Hongkong only compromises Government' Dosl #fans no for

1/10

1 nubilo concerned bus, a previously observed, creates suspicions that owners of receiving seta, now paying $20 a year instead of 812 in licence fees, aro to be double-crossed.

com-

MY

Counsel then referred to Archbold and went on to say that if it was the contention of the prosecution I submit, my Lord, that at the that possession of

this abandoned very most a elvil claim might lie. material was exercised through the but not a criminal charge. person of the Custodian, he sub- initted that there was machinery whereby things abandoned

could be taken into possession

by the Custodian under BMA Proclamation No. 10.

NO EVIDENCE

M: D'Alton continued: The pro- secution have failed to prove that any of the steps luld clown iri Arilete paragraph 3 of the said Proclamation had been taken by evidence of

In regard to the eleventh count, my Lord, this refers to the alleged theft of a fuse-board. No evidence whatever has been adduced by the prosecution to show that Spary was ever asked to supply a fuse-board or he ever consented or knew of the fuse-board having been cupplied. In addition, my Lord, the only

of the fuse property rested one of whom, in cross-examination ad- mitted that identification was assisted.

truly

The Custodian. Therefore, my Lord, ny submission is that the Crown Ind

upon the not taken possession of this aban-mony

two mony of doneet material at the time of the Lo Pui. alleged offences.

FOURTH COUNT

The fourth count, my Lord, refers

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Price 20. Cents

Tel: 27880

REDS

CHINESE

OFFER A NEW PEACE PLAN

Yangtse Not Yet Crossed

Nanking, Feb. 3-The Communists today offered a new peace plan after the government sud- denly stiffened its resistance and its Yangtse River gunboats opened fire on Red positions 26 miles north- east of Nanking.

The Communist radio said that the Reds would be willing to consider a national peace settlement patterned after the local agreement obtained at Pei- ping. But it`again insisted on peace talks on the Communist terms-unconditional surrender.

The broadcast warned that the Kuomintang: "diehards" led by Chiang were preparing to continue war and said that the government war group would be "isolated and smashed." The Communist radio said that since Nanking had accepted the Peiping settlement-the "Kuomintang now has not the slightest excuse for opposing an extension of such a solution to the peace problem."

The broadcast said that move-; Witnesses on board a foreign vessel ments for a local peace at Nanking, berthed one mile off Kiangyin on Shanghal and Hanlow were desired the south, bank confirmed that heavy by the people but opposed by fighting znged all night on the north Nanking diehards. It emphasised bank, when at least a dozen Arer that there Ind been only small scale were observed consuming the village Aghting at Peiping.

of Tawelchion, which the Reds had attempted" to wrest from the Nationalist troops.

Acting President L Tsung-Jen called a conference of his top mil tary commanders. He told them to step up their war preparations while walting the outcome of prace

efforts. Sources close used heavy artillery and negotiation

From vantage points, foreign ob-"

believed cervers

the Communists

cannen

do fire.

to President Li said he would averything possible to reach a settle- ment but he ordered his troops to "re if the Communists try to cross the Yangtse River." A spokesman denied That the government would abandon the Yangtse line if peace efforts fallUnited Press.

Two

of the Government gun-

boats were believed to have been destroyers.-Reuter. *

PURPOSE OF MISSION Shanghai, Feb. 3.-Mr Kiong Yung, a. former Minister of justico and one of the veteran five-man peace delegation, told reporters' last night: "Our mission is to urge the Communist Party to appoint as soon as possible

ble their

pense delegates and find out when and where peace negotiations should start."

NO YANGTSE GROSSING

2-Communist Shanghol, Feb. forces had swept to the edge of the north bank of the Yangtse river but there were no Indications that a crossing of the rvier was imminent, He denied reports that the delega= on board a British war-tion would bring with them a con- passengers on ship told the North China Dally crete plan to be discussed with the News tonight.

Communist leaders in Peiping.

The warship arrived in Shanghai

All the five Veterans appointed by

In the afternoon after making the President Li Tsung-jen during his trip down the Yangise from Nan-recent visit here are willing to, de- Icinit

bringing several British, vote their efforts to secure peace, American and Canadian civilians he said.-Reuter.

hore. hore.

UN TO MEDIATE? - Passengers -- said—the... Nationalist.

"Shanghai-Feb-2,-The-Chinese- Kuns on the south- bank of the language evening newspaper China river heavily shelled at least two Times tonight said that it under- Communist-held villages on the stood the United Nations had given worth bank, producing many fires.

a Invourable reply to the Nationalist Along the south bank of the river Covernment's appeal for mediation there were many new gun emplace-1 in the civil war." inents and other fortifications which the Nationalists were seen manning. CONTINUOUS BARRACE

The passengers said the shelling Insted all night with Nationalist tracers and cannons keeping up a continuous burrage. Four Govern- ment gunboals in the vicinity of the British warship did not take part in the fray.

0/1

85

The paper, in an exclusive despatch from Nanking, sold the news filled the capital with hope for an early cessation of the civil war. It added that United Nations medintion was being looked upon favourably by the United States und Britain.

Nations

connected the return of the Premier, Dr Sun Fo, mnd the im

Foreign The passengers denied reports pendlag return of the that the Communists had attacked Minister. General Wu To-chen, to Klangyin. Nationalist-held key Nanking with the United

development. point

the south bank

The paper said the evacuation of kilometres northwest of Shanghai. | the seat of the Government to Canton was now definitely postponed in view of President Li Tsung-jen's admonition to Cabinet Ministers that the pence overtures could only succeed the officials remained in the capital-Reuter.

Dean Acheson Rejects Stalin's "Peace Bid"

Washington, Feb. 2.-The Secretary of State, Mr Dean Acheson, today accused Mars hal Josef Stalin of playing in- ternational politics with peace when he proposed that he and President Truman meet and sign a no-war, pledge.

Rejecting point by point Stalin's latest "peace bid" -made through the press instead of through official.

that Stalin diplomatic channels--Mr. Acheson charged

was indulging in an "international political manoeuvre."

ATTEMPT TO

AMBUSH

TRAIN FAILS

Singapore; Feb. 2.--Com-

He said the interest of the world Mr. Acheson's statements were the munist Insurgents made an by another prosecution witness, one in peace was so fundamental, "the first offcial United States 'reaction to unsuccessful attempt early. Au Pai, who told him that the fuse-matter cannot be tampered with and the suggestions put forth by Stalin Wednesday morning to ambush board belonged to the P.W.D.

It cannot be used as an instrument during the past three days through-

Kwok and Spary the Waited States."

the medium of questionnaries sub-the night mail train between mitted to him by the International Kuala Lumpur and Penang, it was officially learned in Singa- PRINCIPAL POINTS

News Service.

The Secretary of State, made these

pore.

a Jeep

to the two lamp shades installed at 220 Nathan Road, In general, the Finally, my Lord, the last count is in my international political mon- some submission applies to these that of articles as to the two lamp shades alleged that Rwox Kwong the 14 oeuvre," "It will not be so used by in count 2, and this is reinforced conspired together to defraud Gov- by the evidence given by the pro- ernment of money paid as wakes. Regarding Stalin's newest sugges-

The pilot engine preceding the secution wliness Brown who, when No evidenco has been adduced by tion that Mr. Truman meet him in

train was derailed near Topáh, 70 onfronted with

the articles in the prosecution to show that Spary in Iron Curtain country because his Poin

1. "I hope you will not take it miles 'North' of Kuala Lumpur, question said that they were not of had anything to do with the pre-own health would not permit him to miss if I point out that if I, on my where the Communists bad, removed Government design, and refused to paration of labour distribution sheets come here. Mr. Achesoa. sald fally

am seeking part,

to give, on 05- Ashpintex from the rails. The on- claim ownership for the Govern for Hunghom, or that he was in any Truman's travelling halfway around would choose

that he could see

Mr no uso in surance of seriousness of purpose. I coming train crashed into way aware that men were being used

some other channel but no one was injured. I now pass to the Afth and gixth on private jobs and pold by Cover the world to White House has saldew." He said all normal diplo-guards searched the area.

than the channel of a press inter- The terrorists fled when military. counts, being in the ease of the fifth, ment. Moreover, my Lord, the proof Earlier, the the theft of 650 yards of electrical of this charge must rest upon the

Security guard have since burned ΠΟ onelal communication matic channels were open for such cable.

I submit that none of the evidence that has been discredited by ceived

wit from Stain but that the President matters as conimunications. between down two large Communist camps, terms in the legal definition of lar the testimony of prosecution

capable of holding 200 men, and stood on his oft-stated position that overnment. ceny have been proved against my nesses who have shown how the re-

2. He saw absolutely no DSC In recovered quantities of rice, am- ellent, Austin

cords of the workshops were doll was ready and willing to meet the President of the United States munition and documents. Spory. The same con- alterations regarding the fallure of berately misused in order to provide Stalin in Washington.

Mr Acheson made it clear at his travelling for the fourth time half- In scattered clashes, two the proseculion to prove ownership for the needs of the workshops in or oven possession apply us in the question,

ment.

see Stalin.

pointedly that Mr Truman had ro-

Com- hourlong news conference that it way around the world to meet munist lost their lives and an Aslan Siniln really wanted to talk peace Stalin. In this caso, he said, it Jestate manager was accidentally shot ense of the first count. The proso- Moreover, the effort of the Pro-

with President Truman he had would be for the purpose of talking dead by the police. cution have In this case also falled | secution to prove that men were,ample official channels at his dis- with Stalin on a matter so tenuous to show that this cable, or for that according to their own statements, posal and did not have to resort to it defies specific comment" matter any, ollier cable, iz mjasing

(Continued on Fago 5)

communications through the press. 1 (Contiuded on Page 5)

One of the insurgents has been prison-As- soclated Press.

hanged in Penang