THE AMERICAN
"WHITE KING"
.re-appears
THE ·
TOILET SOAP
You have walted for Exceptionally 8titd
Delightful for Cleansing
ON HALF AT
LEADING DISPENSARIES
Sole Agents:
&KTOREN
NAN KANG CO.
Union Bldg., K. Tel. 22119-24044.
VOL. IV NO. 33
For the Proprietor ag HONGKONG TELEGRAPIL For and on behalf of
SOUTH CHINA MORNING POST, LTDİ
The
TODAY'U WEATTIER: Moderate or fresh Eauterly winds; cloudy with periods of: drimla or light rain.
Noon Observations: Barometría precsare 1011.0 inba, 20.85 In. Temperature 59.1 deg. F. Dew point 58 der. F. Relative humidity 0s. Wind direction East by South, Wind force, 17 knots,
High water: 7 ft 2 in. at 6.19 p.m. Low water: 7 in. at 2.37 a.m. (Friday).
Thongkong Telegraph.
THURSDAY, FEBRUARY 10, 1949.
Dine
At the
For
P.G.
Reservations
Price 20 Cents
SPARY'S COUNSEL ADDRESSES JURY
Prison For Film Stars
acter obert
Hollywood, Feli. B-The Mitchum WAN given 60 days in gaol and two оп a years probation today marijuana conviction,
The blonde starlet Lila Leeds, picked up with the screen actor in a raid On Tier Blade cottage, was given the same Beutence.
The Judge, Mr Clement Nye, gave them each a year la cool, but suspended the sentence and put them on two years' proba- tion on condition they spent 60 days-of-the-years-seulence be- hind bars In the county gaoi.
Mr Nye said: "I am treating you as I would any other de- fendant in like clrcumstances. I cannot overlook the respon- Hibility that you, Mr Mitchum, have because perhaps hundreda of thousands of young Ameri- cans Idolised you."-United
Press
Forced Landing By Local Plane
An aircraft believed to belong to the Hongkong Flying Club which took off from Kai Tak at 7. a.m. this morning later made a forced-landing on the beach at Harlem Bay,
The first report of the landing came from a Chinese Maritime Cus- toms launch, and on RAF reconnais- sance aircraft which was sent out re- ported that two 'Europeans could be seen by the plane.
Questions About
Radio Hongkong
To
Not Attempting
Save Own Skin At Expense
Of Another Man
FINAL PHASES OF LARCENY TRIAL
In the course of his address to the Jury on behalf of Austin Spary this morning, Mr V. J. L, D'Alton refuted any suggestion that Spary was "passing the buck” to Kwok Kwong. Counsel.declared that Spary, during his evidence in the witness box, had done nothing to suggest he was either shielding or attacking Kwok, What Spary said was the truth, and there was no indication that he was attempting to save his own skin at the expense of another man's skin.
Spary, 50, electrical inspector, Grade I, Public Works Department, and Kwok Kwong, 47, foreman of the electrical workshop at Hunghom, are on trial before Mr Justice Reynolds at the Criminal Sessions on eleven counts of larceny by public servant, obtaining money by false pretences from the steward of the Kowloon Bowling Green Club, and conspiracy to defraud the Government of money.
Addressing the Jury, Mr D'Alton said: Members of the Jury, I now address you on behalf of my client, Austin Spary. You have heard at considerable length the evidence put before you in this Court for and against one count and another. Mr Chen, in his devastating eloquence, destroyed the fragile case of the prosecution to a large extent and all that remains for me is to go over a few points which escaped the destructive effect of his speech.
As for the two lamp-shades install to hand a cheque to the steward and ed in No. 228 Nathan Road, Counsel ask him for cash. remarked he could not understand}
"When one considers à case of
Each would be told to do a job, and not think he had admitted he did that has occurred in the
to
hc
From
Colony,
is
"You have been told to look at, ger to the customs of the ecuntry the evidence as a whole, but I am of the majority of the prosecution that witness, sald Counsel. He had The passengers were later Identl-sure that by now you know
The mere Nved in that country for nearly 40 why the prosecution had not dropped this kind, which is not only one of should not be the case. Bed as Mr and Mrs Coster.
fact that # man is charged with years, and he would say that it was u that count. It savoured more of per- many offences is not proof of his country of delegation. One man section than prosecution, to put it the longest but one of the strangest
bluntly. Spary guilt on every one of them.
ownership and where you have a number of and every one must be proved would Immediately and someone
turn of them, but thought that he had suggestions and inferences of point- else to do it, and the exam authority to take them as they were ing to direct conspiracy, there your satisfaction."
Counsel went on to deal with the would find somebody else.
the evidence, it appeared that
just "junk." They were in Yacht events connected with the Club Job, and said the only point tween the steward of the Club and
ngements for the job were be- and he had said he did not like ice, always a duty on the part of all
When be heard that Mrs-Wheeler re- in dispute was whether the form the workmen, and yet it was strange quired some lamp-shades, he sent of the Wanchal workshop, Ho Ting that the steward had not been them along to her. Kwok Kwong had wan or was not present when Mr called to give evidence.
bean Javolved in that count, but ail Roads Office, spoke
he did was to tell someone to take them to the address, regard to the arrange
work that
London,
Feb.
9-Mr
Leonard
Gommans Conservative Member, day if the Colonial Secretary, Mr
asked in the House of Commons to-
Arthur Creech Jones, knew that
of the to
many of the British Broadcasting Forsyth, Corporation talks retransmitted by to Spary In Hongkong Radlo were most unsuit-ments, and Spary, in his evidence, able for Chinese listeners.
was quite definite
Mr Gammans, who recently paid
a short visit to Hongkong, wanted to know what arrangements were in force for consulting the public in the Colony about the nature of these
BBC recordings-
Mr Creech Jones replied that he was consulting the Governor
of
Hongkong on these points and would communicate his reply to Mr Gam- mans.Reuter.
EDITORIAL
The
the
CASUAL, BUT NOT STUPID
Referring to the bill which Spary eventually presented
em.
NOT ANTI-POLICE "There has been some talk about: Counsel remarked that if there was unjust accusations against the Po- any conspiracy on Spary's part, helice," Mr D'Alton went on,
"I must would not have prepared such a disclaim any thought that I am being
detailed list, but would merely have
(Continued on Page 8)
Tel: 27880
Guided Missile Takes Off
The Consolidated Voltee 774, first US. Air Force guided missile to approach the size of the German V-2, heads for the upper spaces after leaving its launching plat- form at the White Sands, New Mexico, proving grounds. The 32-foot missile, powered by a liquid fuel motor, has reached supersonic speeds and is potentially capable of reaching altitudes of more than 100 miles. — AP Picture.
Hongkong Hotels Convicted On False Return Summons
in asked Forsyth to let him have a pro-Police Someinse them, TWO FINES OF $1,000 AND ONE OF $500-IMPOSED
for payment, was to be done by the Government werkonen in non-Government time. more use of so-called Gover- ent men, and Councet emphasised -used_the_word "so-called" br
a misnomer, ease it was really non-Government Ume as no crimu chit in order to collect the money sometimes I don't. It was alleged in
all, as the prosecution had agreed. Spars might have been casual, said this particular
that improper Though he might be new to the Mr D'Alton, but he was not stupid threats had been used by Johnson
He submitted there was no
criml- Ear in Hongkong, he was no stran-,
extract to on the part of Spary. The ment from her. In regard to the Intent swer to the allegation of the theftplanation given, he said he merely of 600 yards of electric wiring was intimated to her that if she was not contained in Spary's evidence that able to make a statement, he would no stores could be drawn from the stores
The German Challenge
JAPANESE Industry, under the benevolent patronage
of General MacArthur, is making
great rides toward recovery. and already hero are
of
a revival of under-culting in world markels. Fortunately the threat is widely recognised, and there have been protesta from British and American industria)- Ista and
labour leaders. Even Britain's Communist newspaper, the Daily Worker, fan com- plained of the "sweated labour" In Japan, and the resultant low prices of exports, Another, and
more important threat, perhaps in this part of not so apparent the world, comes from Germany. There the currency reforms and Marshall
Ald have combined
manufacturers.
10
exporters
has
greatly to Increase the challenge serious export competition. Up to now, this challenge bas .not unduly worried British The world de- has mand for goods generally been
high that
British have had an assured market for all they can produce,
weil
as back-lors of orders extending in some canes over soveral years. There is not yet any great change in this situa tion, but there are signs that in a year or so many British in- dustries may find German com petition serious. The broadca.
been
of the German export drive han resulted in the establishment of agencies as far afield
Bi-lateral Singapore, and many trade agreements Irave sigued. Bany orders bave gone German exporters because can offer not only quicker
but lower prices,
10
they
delivery
The
answer to why this is possible
Is at present
áre
obscure.
several theories:
wages in Industry, prices
do no cover conle.
There tower which
and-mast Important to British Industrial- ists-gresier Metency of pro-
duction. It is true that German storkers Are bald less than British, but lower wages do not automatically mean lower labour couts. Output per man hour has to be taken into considera- tion, and In some
German Industries that is much
lower
10
nal
Inate siper without a stores order
than before the war. I 15 impossible
Judge whether German
sellisat exporters are uneconomical prices, but the prices of поте
their of producis lead British Industrial- inter
The that conclusion. German trend before the war wan to give export bonuses and Lubsidies to manufacturers, but this advantage appears 10 be denled to
to them now,
and reintroduction of
Parallel would
-doubl Bystem frowned upon by the occupation authorities. The lesson to British
must
reappearing
3.
any
be
be
the
COSC
to Mrs Wheeler to
D state- CX-
have to come and see her. But why
Sny 'I shali came and see you in
your office.'
Judgment in the Hongkong Hotel case was delivered by Mr Hin-shing Lo at Central this morning when he found all defendants guilty on a summons for making an alleged false return under the Price Control (Hotel Services) Regula- tions, 1946.
His Worship imposed a fine of $1,000 on the Hongkong and Shanghai Hotels Ltd and a similar fine on Mr F. C. Barry (Managing Director). Mr J. H. Ehrlich (Manager of the Hongkong Hotel) was fined $500.
by the OIC and his fore-
seems to me the man. The allegation of the prosecu- effect of that was I know you are tion should have been followed
and i know Unemployed somewhere by the production
stores of the
your employer won't like to see order note as they had not suggested policeman in the
materials were abandoned or
and see you were left over from other jobs, but-in your residence. By the way, the claimed it had been taken from the office is a public shop-Messrs Aλ. S stores.
Watson and Co., Ltd. Denling with the count regarding "I now come to the alleged theft of three ceiling fans, Grean job, You have all heard summonses were taken I propose to regulation: and exbject of any special
he say 'I'll go ce' Why didn't prosecuted while Mr H. G. Sheldon, lon 84 saya!
and to
the
on
cannot bo
JUDICIAL DECISIONS
Ая
Mr A. Huolon (Crown Counsel),) he shall be guilty of na effence against charged with any criminal offence only
subject to the following exceptions: dassisted by Del-Sub-Insp J. Moore, the regulation
As to Penally to such offence Nagula-
A body corporate cannot be in- dicted for criminal offence which In other only Individuals can commit, ' If any person contravenes or fails to K.C., instructed by Mr R. A. Wade-
words a limited company, publle ne pri son (Deacons) was for the defence, comply with any of these regulations or
any order or rulo made under any vale, cannot be charged with a criminal The Magistrate's judgment read: direction given or requirement imposed offence, whicit cannot be vicariously cons- For the review of the case but under any of these regulations, he shall matted ef. Digamy, Perjury or tressan the be guilty of an offence against that (2) A body corporate cannot be in- which Bowling not in the order in
dicted for a criminal offence in respect provistona-contained in these regulations of which tho only sentence that tho which were installed in the Hongkong Spary. Yout have seen him in the name as the First Defendant the a person guilty of an offence against Couri cun impose in corporal; e.g. mur-
der. Because a company Football Club, Mr D'Alton submitted box, You must know what.
Shanghal an Hongkong and
Hotels any of these regulations, shall
1) on summary conviction be liable hanged or Imprisoned, ted ordeal that there was no question of any
is for a man to be sub- Ltd. with Its managing director to imprisonment for a term not exceeding payment
or profit. There was noJected to cross-examination. It is Mr F. C. Barry and the manager of three months or to a fine not exceeding
A long line of judicial decisions—ex- secrecy about the matter. Spary had a ruthless and cruel weapon which Hongkong Hotel Mr J. H. Ehrlich two thousand dollars or is both much told his
Defendant and the imprisonment and to such fine, or
tending his men to take the fans and to can inflict a severe wound
as the Second
over one century (as oki (2) on convicilon on indictment
betongkong
commencing from Patiesen put them up at the Club. He be- man. He was asked why he did Third Defendant respectively.
Hable to imprisonment for a term not
J. R. V. Birmingham and Gloucester lieved he was within the scope of his not get witnesses to
support hla False returns to the Competent exceeding two year or By Co. (1643) 3 Q.1, p223 or commenclie
от 10 exceeding fan thousand dollars
from the wise words of Lurd Cranworth authority, and if he
neting story, and he has told you that they
L.C. in Granger V Great Western By with that bellet
mind, all dented all knowledge when he Authority for the purposes of the both such imprisonment
Prica Control (Hotel Services) fine.
(1854) 5 11.1. n72-allows that the atiftun and whether it was founded or not approached them on the matter. Regulations, 1948 are the substance FIRST DEFENDANT
of the English Courts has in the pas of time undergone a process of develop but so long as it was genuine, there Wasn't that a natural thing?
the complaint against of
Referring to the summons against thement in this branch of the Law and that was no crime. Spary had alsa "Those of you who are acquainted fendants.
First Defendant the Leamed Counsel for the following has been well estabilshod: declared that had the fang not with the Kowloon Bowling Green
is no There
evidence that the the defendants wald in his final mab- (1) The acts of the officers or agenia been installed in the Football Club Club-when one is
of a company civil or criminal done talking about Competent Authority has exercised mission that there was not a word
Waid about the defendant company and within the scope of their agency or in he would have smashed them up. the Committee-knows how many any strict control over the room
the course of their employment must be employs It had been suggested by the prose there are on the Committee. You know charges of the defendant company that it was not until 1044 that a cor. cution that the fans were taken how many of this Committee have sind
involving mens rea and that he did not them.
that compli on the 19th September 1946 except feel teclined to discuss
cated Law, because it had not been there was evidence that before the witnesses, and how many that re that in cross examination Mr Eard-
mentioned against the First Defendant. war, such property was stamped by main are connected with the Police ley said "At that time we were con
What then was the complaint laid Government, although the prosecu-in ene branch or another. I say no trolling prices under gentlemen's against the First Defendant on the oth tion had brought a witness who more."
September 19407 had said he had seen tags with |numbers attached to the fans,
WAS
the, do-
touch and
from the Fire Brigade building, but appeared in this Court as prozecution since these 'regulations were made Poration could be convicted of an offence imputed to the company that
agreement
Authority for this purpose of the Price
(2) The criminai Habilly of a limited company must depend upon the nature of the charge. the relative. position of the amcers and agents and other relovant facts and circumstances of the case,
Of course it is a Honorei principle of the Criminal Law that a man la not to be convicted of a crime, if he las, no Ten Teo, but there are exceptions to that cominon Jaw rule, which are based
LEGISLATURE'S INTENTIONS
Industrialists lu that German Industrial efficiency blah.
German competition
In those .chleffs felds where
Germany had a commanding position before the war. In many of those fields war brought expansion and im- and provements in technique, an the Germans are now producing
TELLING THE TRUTH new models and designs. So
"It has boen suggested by that the present competition is DISTINGUISHING FEATURE prosecution that Spary wis passing (Hotels) (Control of Charges) Regu- not based entirely on tabour
two the buck to Karok Kwong, There lations. 1948, but the expiry or repeat installation of the The subsidies. British costs or
Duorescent Inmps in Shields' office in is nothing in his statement in the of the former does not invalidate the dustries must face this challenge
present proceedings. H Britain's expert drive-and Gloucester Building was distinguish-bex to suggest that he was either
The defendants were summoned therefore her recovery
ed from other counts in that there shielding or attacking Kwok Kwong- to
and he under Regulation 75 of the Defence succeed. During and
was payment made to Spoty. Spary He was telling the truth, since the
ho was Regulations. 1040 and punishmblo British
had believed he was acting within showed no indication that Industries havo war
he
attempting to save his own skin at under Regulation 84 of the Defence been
the scope of his authority, but impressive allmulated to efforts,
charged Shields for supplying the the expense of the skin of another Regulations. 1940. but it is to be hoped
Regulation 75 reads as follows: that the limits of improvement
fun and the plugs. The fan was man,
The matter was пл орсп onc.
If any person*- his private property and the plugs have not been reached. Brliatu's standard of life and her reputa
were bought out of his own pocket. There was no secret about it. This Why should Spary not get the money has been borne out by the prosecu-in pursuance of any of these regulations permanent resident contrary to Regu- the principal does not know of and is not tion for the best goods can only
back for those articles; anked Coun- tion witnesses. There was no con- be maintained
or raised against
sel. Was there any reason why he ispiracy about it. The evidence was present world competition by
should have supplied them treo to that Spary asked for cash. It was improved productivity, bellar
Shields? If there was any money more convenient to have cash than technique mud management,
paid, it was simply the transfer of a cheque. Those of you who are harder work and lower prices.
personal goods from one man to members of Clubs know that à la noi Lanother, ho submitted.
fan uncommon practice for a member
These regulations were, however, On that day Inspector Moore, Spectal repealed and superseded on the 14th Branch, Police lead Quarters. laid
Control complaint at the Central Magistracy that upon the terms of particular statutes, on the 14th day of June 16th in this Many statutes are passed with this object, the July 1948 by the Price
Colony in answer to a request made to the defendant by the Competent Regulations, Control (Hotel Services)
The authorities make it plain that white 1040 in exerciso of the powers con- prima facie a principal is not to do ferred upon the sald Competent Au- criminally responsible for the acts of hie servants, yet the Legislatura may pro- thority under Regulation 5 of the said
the said Com hibit an act or enforce a duty in ruch regulations furnished to petent Authority Information which the words as to make the prohibition or the defendant had reasonable cause to be duly abrolate in which the principal i
Stablo if the act is in fact done by his Novo was falso in a material particular,
servants. The intention of the legisla namely that the daily charge for room
ture in order to guard against the hap No. 600 of the Hongkong Hotel was noning of the forbidden thing-to imposa (1), in antwer to any request made
$4.00 per diem when occupied by a lability upon a principat oven thoug any order made under any of these lation 70 and punishable under Negula regulations, makes any statement or tion 84 of the Defence Regulation, 1040 say to the forbidden act done by his Bhenghal Hotels To macerisin' whether a particular met The longkang and furnishem any information which ba know or has reasonable causor to be Lid, may, for all substantial purposes of of Parliament has that effect or not re have to be false in a material particular or protecting the Pubile, possent à compo- gard must be had to the object of the (2) maker such statement as aforo tent knowledge of Its Business, because | slalute, the words used, the nature of the
competent said in any account declaration, estimate erepleys
director and duly fald down, the person upon when itle Impowed, tha person by whom B return or other document which he managers and so forth.
The Law neerut pottied now that would in ordinary circumstances ba per- required by an order under any of these regulations to make,
body corporate can be Indicted for or
(Continued on Page 5)
A
No comments yet.
Private notes are available after approval.