1949-04-25 — Page 5

THE HONGKUNG TELEGRAPH, MONDAY, APRIL 25, 1949.

Cowie Sues The H.K. Government For Wrongful Dismissal

on

(Continued from Page 1

carrying Instructions

out

Mr

Sheftain's

The Chief Justice: What has Mr Shaftain's attitude got to do with this case?

the present action, spector, Kowloon; that on June ter In

mora than specia! 5, 1047, plaintiff was arrested nothing and summoned to appear be- damages could be claimed. In fore the Kowloon Magistracy on fact, plaintiff was not entitled to any damages in the claim, June 0, 1947 on a charge of ac-

Mr Bernacchi: Insofar as it in- cepting a bribe from Chan Yu- as the statement of claim was

to in one in name only, and did not volved the relationship between view

Chat's Chan, Is long of $50 with eline him (plaintiff) contrary to specify the damages. What was hin und

in set out was merely a statement evidence that he offered Cowle the rules of honesty and at alleged damage suffered by a bribe and it was accepted tegrity: that this

dis- true. Bummons was the plaintiff through his

is it true that if any withdrawn at the hearing

missal.

money was inserted Into Cowle's July 10, 1947, that on August

done

without his His Lordship commented that pockel it was 12, 1947 lalali was held by the way in which pleadings were knowkdge. It is our case-san-

imental Board of En-

this money the drafted in this Colony was quite fially that to have committed

horrifying. Ile added that he planted. on Cowie by Chan be

was promised offence of conduct calculated to

Into was not prepared to go into Mrue he

a number disrepute by, whilst on duty,

ty, Bernacchi's application at the Shaftain that receiving

Yu-moment without Brat considering trafic ummonses against him from Chan Yu- $50 long, a person' with whom he the authorities, but if Mr Ber- would be withdrawn, had come into contact in the nacht had any, amendment ho course of his duty requiring him wished to put forward, he could to Inspect vehicles that they do 20.

then replied Mr Bernacchi were in a roadworthy condition: Umt plaintiff bad

been that

formally not

he would guilty of conduct calculated to give notice of his intention to

his my amendment to service bring the public

into make an disrepute.

A

to

bring the publ

public service

BAD CHARGE

The charge itself was bad ond

pleadings.

ONUS ON CROWN Opening his cuse. Counsel irregularities said that Mr Lonsdale had con- begin In the proceedings reded that the right to before the Board; that plaintiff was with him (Mr Berencchi), was wrongfully

A number occurred

of

by

of

"NO SUCH PROMISE" Mr Lonsdale; There was 310 such promise to the man.

Ar Bernacchi: It is therefore submission significant the type of attitude adopted by Shaftain towards Cowie at the time of the Board of Enquiry. and in particular to the officer whe was representing Cawie.

His Lordship suggested

that Mr Bernacchi should not speak

dismissed by but the onus of proving mis- of any Irregularities to the Jury. lils Excelleney the Governor on conduct Jay with Crown Coun-

"This cate is the

August 25. 1947 under Section sel.

14

K

Police

Force

case of

ot the Ordinance Na, 37 of 1932; that Cowley the Attorney-General,"

"It i plaintiff denied that

he had Mr Bernacchi sald.

for wrong- been guilty of any misconduct claim for damages such

It is, however, ful dismissal. Justify dismissal ful would under the sald Section:

no means the beginning of that by

case. Amongst these the proceedings and decision of the the Board of Enquiry were to papura in front of me is a brief instructing assist the Governor in deeking dated June, 1047,

but me to appear in certala Felice

defendant

from

Mr Bernacchi said he under- stoot Mr Lonsdale objected

mention of the Board of En- any quiry, but he proposed to call Inspector Apps. who was up- pearing for Cowie, to speak as to the attitude adopted by the Police officer in charge of the case against Cowie and also in charge of the prosecution be- fore the Board of Enquiry, The defence's principal witness was

whether to dismiss or not, but court proceedings in the case of the Chinese who was acting on1 did not inlsconduct alleged Rex v Cowle for the defence the instructions of Mir Shaftain.

proving the

ser-In

with

acceptine ⇓

at the trial of this action: that of Cowie, the then defendant. these proceedings, Cowle was charged bribe..

The Chief Justlec: What have to do with these proceedings

มาส

the rule that Government vants could be dismissed at will not by virtue of any special prerogative of the Crown but because such were the (usuni) terms of their engagement; that it was not a term where there were provisions manifestly in- tended

this action? How are they re- levant?

Counsel submitted that it was of some relevance to consider whether or not the Chinese was speaking the truth.

with

continuing. to go on to cyldence

His Lordship remarked that at the moment he could not ser any bearing, but if he saw any at a later stage they could go Mr Bernacchi: I suggest ther

into the matter. I have relevnut. for the protection ure highly

comment Mr Bernacchi, and benefit of the officer incon-unfortunately sistent therewith; that pinintiff somewhat strongly on the consak he intended

certain had suffered damage by virtue duet of this case by a certain deal of the wrongful disminal with Me Shaftain. He was in charge which he anticipated would be

notice and in breach oul contract, as follows: (n) the sum made up of ne of $7.516.13. month's salary at 8632.13, value of

two free passages to England, 1324 at $16 per £ $5,184. Mr gratuity. geven completed court proceedings were with periods of three months, £105 drawn, an obviously so

of

from the

of these proceedings outset,

The Chief Justice: ut how are they relevant to the wre sent action!!

Bernacchi:

The Poster

given by Inspector Johnston and which would necessitate Cowie giving a certain demonstration. Then he intended to describe the matters out of which Cowle care- was dismissedi 3 fully planned trap," Counsel

as to emphasized he intended to

at S16 per E SI,GHO; (b) generali gable departmental action be for damage to character remulation which the saki ells.

Buet Involved

Inw

anding taken.

1.

ruling

that description. He would then go on to cover the financial side

and also tended to mention!

certain officin minutes produced. at the Board of Enquiry, but he understood from Crown Counsel that the question of privilege

had been raised,

and to

SIDE GLANCES By Galbraith West German

+

Gallati

3-2

COPA, THE BY KTA CERVICE, INC. T. MA REG. U. U. PAT. OFF.

"I'm going to let it ring a few times! Doos he think. I'm perched here waiting for him to call?"

Shawcross Calls For Abolition

Of Race Hatred

London, Apr. 24.-Sir Hartley Shawcross, the Attorney General, today appealed for the elimination of "abominable'i racial doctrines and "mistaken causes" which, he said, "bring auch horrors in their wake."

He told a meeting of the World Jewish Con- gress: "Even today in other countries, and even in our own, there are those who again neck to preach the odious doctrines by which the Nazis rose to power.

Tory Attack

On Govt. Expected

Yangtse Incident

has

stage for a hard-litting House

Constitution Agreement

Only One Point

Of Difference

Bonn, Apr, 24-Party leaders Іл the Consilient Assembly herb today reached agreement on all the erlileal Isrues, except one, concerning the drawing up of a West German Constitution.

This concerned the form of religious instruction to be given

A be-

In State schools. which point of grent difference tween the Christian Democrats and the Social Democrats.

The new general agreement follows within 48 hours the conciliatory Allied note giving the Germana increased scope In drawing up their qwn Con- stitution.

A new agreed formula on the distribution of financial

and legislative powers between the Government and the Federal

Irons.

individual States was mitted to the Military Gover- nors tonight in preparation for tomorrow's meating between them and the Assembly leaders. Financially, the new formula complica with the All'ed de- mands for a seperate adminis- tration for State taxes, but pro- videa that the Federal Govern- ment has sufficient taxes for its own tasks. The new legislative proposals reduce the powers of the Federal Council, though not as drastically as the Social De- mocrats had wished.

Apar! from changes, the consent of Federal Council

constitutional

LEE THEATRE

ADVANCE BOOKING OFFICE

| CHINA TRAVEL SERVÍCE & QUEEN'S AD, GI BOOKING HOURS) (130 KALA 130 94, daly

4 SHOWS TO-DAY AT 2.30, 5.15, 7.30 & 9.30 P.M.

WARNER

APRIL

JAMES V. KERR

the

will stil

necessary for

the tax

be Jawa

SHOWING

TO-DAY

new

to

affecting Stute revenues, Federal weak financially grants States, laws affecting State fron tiers and those creating Federal authorities.

Apart from the financial and legislative proposals, the other parties are prepared in principle to meet the Christian Democrats' demand for a shortening of the draft.

The Christian Democrats, however, are unwilling to poas the articles dealing with the to determine right of parents

the type of religious instruction which their children should re- celve in State schools.

"In a land where freedom of

It was suggested today by the speech is a most prized posses Social Democrats that the ques- son, these things cannot al- tion of denominational schools be countered by the law. should be left to legislation by Way's What is better Is that they States, which are generally to be

for outrage in the responsible

education.ar create such an hearts and minds of men that it Reuter. destroys these tendencies by the strength of public revulsion against them."

Sir Hartley said liter had failed to exterminate the Jewish the final but had given race impetus to the moverunt for a Jewish state.

those

wicked for these

LETTERS TO THE EDITOR

Govt. Tendering System

are the

in the

JUDGE'S RULING

"That state is now established! mics, immuting dishonest con His Lordship said he did not

London, apr. 24-i was dis-

Mr Winston and we wish it well, hoping that earlier proceedings

closed today that STATEMENT OF DEFENCE think the

were relevant to the sun b

Party are preparing a major operation with the peoples of the The Statement

Sir,--Readers of the corres- of Defence fore the Court, and told Coun

Crehill and his Conservative in peaceful and tolerant co-

rhted inter alia that defendant sel he would rather that

attack on the government for Middle East and of the rest of

calumass of the local its bandling of the Tangise in the world it will make a coupondence CROWN'S POSITION submitted that plaintiff's claim mention be made of them.

treated tribution to peace, to prosperi Press have recently been cident. was bnd in substance and in Mr Bernacchi then went uti

ty, to human dignity and under- to a great deal of acrimonious Mr Churchill

set the Mr Lonsdale said he would

Government on the ground that the to ask his Lordship for

between debate, Recalling the Naz gas cham-scrvants on the one hand and agreement alleged by plaintiff regarding the proceedings be like to make his position clear,

standing." he said. whereby he claimed he had been

He had sought the instructions

of Commons debate by demand- wrongfully dismissed could not fore the Board of Enquiry.

The Chief Justice remarked of the Colonial Secretary, on ing that Prime Minister Cle-bers at Auschwitz and Treblinka members of the public on the

Warsaw ghetto, Sir Hartley con- tion in Gover

Government Departments lawfully be made up on behalf that criminal proceedings hnd notice to produce those minutea ment Attlee explain the whole and the Nazi liquidation of the other, on the subject of corrup

the Commons re- of his Majesty. The defendant.

tinued:

and, whilst we can appreciate further said that the Statement nothing to do with the action. being given to him, as to who-affair wher

ther he should allow them to convenes on Tuesday.

WC have punished (the feelings of t Giovern- Continuing-his-address to the

Soine Labourites as well as Nuremberg) sume of of Claim did not disclose

ment servants, by no means sumcient or lawful or any agree Court and Jury, Mr Bernaccat be used or whether they should

responsible ment between His Majesty and said: Towards the end of 104%, be decided by the Court that Contervalves are reported to privilege. be ready to join the criticism.

International law has the minority, who are honestly leeds.

attempting to de good job. we and pro-Labour anyone duly authorised on his there was held a Board of En- the Crown claimed

Air Bernacchi told the Couri Conservative

many of them behalf and the plaintiff, nor any quiry set up by the Commis

go on to the onus newspapers have criticised the established them on a firm and wemoto or service of the sioner of Police and consisting he would engagement

the question government for sending British lasting basis as crimes against realise to what extent the seem

humanity. 10th of proof

"humiliating"The

tive methods adopted by Govern- niointif otherwise than at his of three Police officers for the

of what his damages were warships into a

United Notions has ment, and its failure to reply to Majesty's pleasure, nor any right purpose of enquiring into cer-

Cowie. That was a question which was detent.

ndopted a declaration of mini-

or enquiry, just criliclsm of the plaintiff to any sum of thin charges against

The press outery was greater

rights and we

for fostering 'money, salary provisions for There were in all three charges, open at the moment because of

than the one following the loss mum human

suspiele

entertained possages, gratully or any claim but of two the Board did not his intended amendment. He

lestablishment even in peacetime minds of the pubile? of the plaintiff otherwise than even call upon Cowie to reply. would then explain thee actunt of five British aircraft over the ove perhaps towards the es- of an International criminal on his Majesty's bounty, nor any The remaining charge was the charge on which Cowie was dis Palestine-Egyption korder

for those who Let us cite just one instance. nward by or on behalf of his charge on which the Governor missed and the evidence which January.

It came on the eve of the responsibility Malesly

fundamental dig- Where else in the world favour of the dismissed the present plaintif he proposed to call,

man."-Associated one find a Government, Munici claim alleged and on other for misconduct and is the al- " Intend also to mention that crucial Cabinet meeting which destroy the

pal Council or other civle body, ais to be held at No. 10 Downing On there lo sustain teged misconduct which the de-

was a conviction

behaving as does the Govern- Sub-Street tomorrow morning to dis-Press. this demurrer; that alternative- fence relies upon in this ac-bribery charge against

ment of this Colony in the mat- statement of

before, cuss the Yangtse incident in de claim, ly defendant objected that the tion. In my

Inspector some weeks

ter of tenders for the supply of I intend to fail and outline the government) not of which I shall have to read iso 11 Kowloon, agreement alloped could

defence.

materials for Government use or Yavfinly be made, on behalf of you parts, there

alleged

ged make a suggestion to the Jury

Several Ministers will probably

the execution of Government » Majesty and

that the true that certain irregularities took that it was uniikely, in view of

bu involved in the Commons

contracts? of the construction

alleged place before the Board of En- the very recent conviction

iri practice universal The following notice has been that is no rame Sub-Inspector for bribery, debate because questions will be agreement was an engagement of quiry.

kind is for the And Cowie

almed at the Royal Air Force, the plaintiff at his Majesty's longer of relevance to the Court that one would

or public body scaled to call for concerned, pleasure, and did not confer any 11 might have been relevant.... openly accepting a bribe, as is the Admiralty and the Foreign Issued by the Naval authorities: matters of this right of the plaintiff to any sum Mr Lonsdale: I don't like to contended in this case, I will pat Office each considered by opp. In the present circumstances and Government

the in-mirul A.G.G. Madden CB, CBE, 19 of money otherwise than on his interrupt un apening, but I can- this suggestion to the Jury for sition crities to have a degree in the likely absence of Vice Ad- tenders and, use merits of those

Mrs Madden much regrets that

that tenders having been weighed, Majesty's bounty; that plaintiff not concede in an opening to what it is worth. Then I intend of responsibility for

cident United Press.

thereafter to publish a compete luncheon to open my other evidence evi-

and dinner was guilty of conduct calculated references by my

parties at of the names of tenderers which were to have been given and bids submitted together of the managers of two large

Commund, Far East Station cessful tenderer, during the coming week and for com lag meer Second in with an indication of the ruc-

which invitations have been lasued, must now be cancelled.

grounds

sumelent

In fact,

are

friend to

of

to

to isring the public service into matters which he himself says dence of the general impression disrepute and was not wrongfully are net relevant. dismissed. Following the tinding His Lordship told Mr Ber-taxl companies created by Cowle by the Board of Enquiry the re- nacchi that until he could con- when he carried out his Cork FARMER RUNS cord and finding were regularly; fine himself to relevant matiers Then I intend to give authorities forwarded to H.E. the Governor he would have to ask the Jury who determined that such con- to retire. hit

that merited dismissal;

JURY TOLD TO LEAVE there were no defects in the

The Jury was then asked to in the chargo or irregularily 10 leave the Court.

before the Board

proceedings

Mr Lonsdale told the Court

of Enquiry which infringed the that if Mr Bernacchi Intended rules plaintif

les of natural justice; that to introduce what occurred be-

ought

in support of my claim for the passages."

then called The Jury back to Court.

The hearing is proceeding.

was

not to be admit-fore the Board of Inquiry, he Presentation ed to say that he was not guilty would claim privilege on the of misconduct because

of the

BERSERK

24.... old

Abilene, Kansas, Apr. Charles Rush, d5-year

sherift farmer, shot dead the

today, his deputy here and

and wounded his housekeeper two neighbours and was then burned to deaths in his home the out.

Toate setting alight

fact of the finding of the Board interests of publle policy the Sir R. Ho Tung

matter

of Enquiry which was final as a disclose them.

judicially determined and not subject of appeal. SEEKS DIRECTION

Sir Robert Ho Ting,

WIS

buldings.

Rush shot the housekeeper

ulty

of

Naval Functions

Cancelled

U.S. SLIDE IN PRICES

of her

The

+

does

Here in Hong Kong wo art from Time to time notitied through

the the mediums of Gazello or the Press that ten- or ders for certain materiala works will be received by the

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"UNKNOWN "ISLAND"

Chairman of the Tender Board OUTWARD MAILS Radio Hongkong

ind

(Continued from Page 4)

Tho secret

to

and fired two outbuildings after she says, was who pouring gasoline on them. The shortage of shiris Mr Bernacchi replied that at

he was inter- was Chairman of the Tung Wah housekeeper, wounded in the started out. It was

Men, in the point where

house for help. Two neigh- os a rupted he merely wanted to tell Hospital fifty years ago and has stomach, staggered to a nearby vanity.

this bours, alarmed by the fire, were love a shirt the Jury that those allegations to many years served were made in his statement of Permanent adviser,

The husband-and-wife idea claire, but that they were not morning the recipient of a silver shot, one of them in the face by cut and colour, with monogram the belief that all Government

will catch on, she thinks, sentation was made in the main house-Reuter. not he was entitled to general now relevant because of a de- tripod in a glass case. The pre-Rush when they approached the on the breast.

because she will always try to damages. He said he had precision of the Court.

The Chief Justice: If you hall of the Tung Wah Hospital, pored his case on the misinter-

CAS will confine yourself to matters Po Yan Road, by His Excelleder EMBARRASSING get the man to make the selec

tion first, so that it is still his pretation of a certain

are relevant you will the

shirt, and his wife Just wears

copy. Prices: About £0 6s a shirt,

Before opening his case,

Mr

for a direction as to whether or

Bernacchi applied to the Court

of

Unless otherwise stated, re- gistered articles And parcel čacilar poste clore 30 minutes than the ordinary maIL, If malle cloru before, 10 mm, registered and parcel posts close at 5 plak, en the pravians day.. Malls are closed at Kowloon "Central Fort Office half an hour earlier than the OPO closing timsa,

11CT..

and then, after a lapse of two

three or

wecks, Wo published in the Gazette a of "the names of successful ten-

6.00, Programme Summary: 8.01, "It's Swing Time": 0.30, Orchestral success, derers' with not only no meh-

Favourites; 7.00, Hospital, Request not only the tion of the names of, and bidd

Half Slour Presented by Joan Aun- when she submitted by, unsuccessful ten-

len (Studio); 7.50, Portuguese Halk World News Hour Bludio); d.00, and News Analysts (London egy): of the accepted blas.

E.13, Linda Cafer Talks on Films masculine derers, but not even the ngures her experience, Is R then to bo wondered that

(Studio); 3.30, I Like What like of distinctive

MONDAY, APRIL 25

presented. by John Kite: (9ludlo): businessmen subscribe to muny

Closing Times By Air

200, "From the Editorial" (London Shanghai Nanking. Taingiae. Relay); 9.10, "The Spirit of Antan” tenders are "fixed" and are Kunming, Lłuchow, Swatow, Amoy (studio); 9.40, "Concerto" Plano sceptical regarding the honesty and Talpeh 30 p.m.

Concerto No 1 in B Fiat Minor, Op Bangkok, Jiangoon, Calcutta, Kata" : 23,, (Tchaikowaky) Vladimir Horo purpose underlying Govern-

chi. Dahrein, Alexandela. Nairobi, wits (Piano) and NBC Symphony ment's invitation to tendert. Mombasa. Dor-ca-Balaam. Maurius, Oren of New York conducted by

There

and is a great need for the Johannesburg Marseille yla Artura Toscanini: 10.15, "The River" Rome and London An Australian Panorams, (BDCTH) lightening up of the regulations Alexandria)

the Australian Broadcasting ComYL Mitchel Field, New York, Apr.

governing Government spending Kowloon C.P.0.) 4.30 p.m.; (Gr..) A Feature Pedrazame produced ins mistion by D, G, artdson, Narestors 24-An embarrassed fire truck

Wilfred Thomas: 11.00, Radio News in this and until this is done, suspicion respect, of corruption

reel (London Relay); 11.15, Weather crew today stood by helplessly while fire destroyed a crashed

whether justified or not, will be

| Report and Cluse Down, plone.

Another idea that is catching removed from the public mind. The firemen he used all their on among women in New York

W. fro-fighting foamite patting out furs hired for the evening. [Ons paragraph, which con- a demonstration fire for volun- This started couple of tains a dangerous Imputation,

Air teer fremen. An

has been deleted from the above the Metropolitan letter. We suggest to the cor Muenden, Germany, Apr. 24 Mustang fighter, which crashed years ago, on the eve of the

Air Parcel Fost fer Manila, Hono 21-year-old tight during takeoff, was deelroyed by

information to the proper lutu and U.B.A. (Kowloon C.P.0.) Court to authorities in support. the word-animosity or an Jossi Ernst,

United He submitted that

4.30 pm. (9.8.0.) § p.m. uninjured. compensa-attitude of mind. The principal rope walker, fell 130 feet to his flames but the craw members Opera season. New li is a big respondent that he forward his Canada & p.m. tion could nat.

be: paked for wilness for the defence. Chan death during a show here 10- escaped

authorities-ED, HKT). loss of employment or characYu-tong, was the man who was day-Reuter,

Sir

(quoted to the Court), without which

Robert is being aware of the decision of avoid any unfair prejudice. If Grantham, in the presence of a

that something is large gathering. Sir

for the United leaving by nir the learned judges in another you claim

Kingdom and Europe on Fri- day.

case before the House of Lords relevant, I am prepared from which it appeared that it you. was not correct

to ask general damages for loss

reputation. character and

hear

for

Mr Bernacchi: I was pro- of posing to address the Jury on the conduct of a particular Mr

Mr Lonsdale disagreed with Shaftain before

the Board of FALLS TO HIS DEATH the contention put forward by Enquiry which I would suggest Mr Bernbechi and referred the displayed possibly--if I might.

Press

Force

Gl opening

11

☆

business,

~London Express Servicet

Singapore 3 p.m.

Closing Times By. Sva Manila 3 p.m.

Saigon. Ceylon, India, Madagascar," Egypt and Marseilles 5′ p.m.

Bangkok p.m. Amoy 3 pin Japan 15.77)

TUESDAY, APRIL 26 Closing Tionde By Air Manik, Konolulu, U.S.A..

and

-

Ordinary Airmail (Printed Maltera, Ramnies and Emall Packet Poste) for Manila. Quam, Honolulu and UB.A Kowloon C.P.O.) 430 p.m.: (G.P.0.)

Bangkok B p.m.

Closing Times By Bra Haiphong and Calcutta 10 si

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