1949-06-07 — Page 5

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brin

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THE HONGKONG TELEGRAPH, TUESDAY, JUNE 7, 1949.

Dockyard Clerk's Appeal Successful

FREED AFTER THREE

MONTHS IN GAOL

The appeal by Robert Georga Stewart, 28, former clerk employed in the Cashier's Office in the Royal Naval Dockyard, against his conviction by a Jury on four counts of simple larceny of sums totalling approximately $19,000 bolonging

Club, be to the Naval Dockyard Recreation

tween 1947.48, was allowed by the Full Court of Appeal, comprising the Chief Justice, Sir Leslie Gibson, and the Puisne Judgo, Mr Justico Wil. liams this morning.

Stewart, who has been in Prison since he was convicted over three months ago, was im~ mediately freed, and shook hands with Mr Percy Chen, who defonded him free of charge under a scheme of the Bar Association to aid poor pri-

soners.

Slowart was sentenced by Mr But the case further laid down Justice Wicks at the Criminal that If the original possession Besalons on February 21 to 18 was Innocent, then in no or months', hard labour on the four)dinary circumstances could counts. The Jury of five men there be farceny as opposed to and two

also found fraudulent- conversion. Stewart not guilty of four counts LAWFUL POSSESSION

In this case the original pos-

women

Happiest Couple's Reward

Canadian

Ham

As "Flitch"

'West Wickham, (Kent). Jang 6-A Canadian ham was rushed | to this London suburb from London Airport today to bo Kiven as a prize to the MOSI happily married couple appear- Ing before, the West Wickham "Court of Happiness." It ́ar- rived' half an hour before the contest.

Mre Winifred Dennis, a form- er local resident who has gone to Canada, presented the ham, which took the place of the "itch," or side of bason, tradi- Ilonally presented at such Irials, A token Bitch hung over the judges' platform, but could not}; be given away because of the} food rationing rules.

Flitch trials are held in many parts of England, copied from the ceremony at Dunmow, Essex, than 700 years which is more old

The founder of the Dunmow ceremony, Lord FitzWalter, in the reign of Herry 11, laid down that "whatever morried man

of larceny by clerk or servanzession was lawful but the Lar- did not repent of his marriage,

and two connts of falsilication

after it, shall and demand the bacon, on his swearing to truth,, kneeling on two stones in the church-yard."

accounts with intent to defraud, ceny Ordinance creates certain or quarrel with his wife, in a

Mr Percy Chen, who originally exceptions to that rule. In the year and a day defended Stewart at the trial, first place a man must be gulity go to his Priory ngnin appented for him this morning. The Crown was of stealing as a servant even

though possession | presented by Mr M. Leeran who is onlinere the duty (Crown Counsel), assisted by have, negatived the proposition Amictant Supt. of Police R. H. that the appellant was a clerk or Woodhead.

servant by Stewart

The application for leave to appeal was begun before the Full Court on June 1, when their Lordships said they wished to hear further argument en certain points of

low.

held in 1933, was revived this The West Wickham Irial, first

year after a nine-year lapse. A Then again under the proviso fury of "six spinsters and six Dunmow -re- of Section 2 (13 of the Larceny bachelors"-the Ordinance a person who is aculations require "six maidens" ballee or a part-owner may be awarded the prize to a young convicted of larceny even if his West Wickham couple. Mr and original possession was not un-Mrs II. J. Bill, for 12 years c lawful, but we are of the opinion wedded happiness.--Reuter. that

to be convicted as baitce or

aman part-owner

must be under an obligation to return Dealing with the first point of the alleged subject of the Tur- the speelfe property which is Inw with regard to bailment of ceny. That is clearly so in the any particular sum of money, case of ballee and it will suffic Crown Counsel said there was

refer as authority to no evidence. As regards the Queen v. Garrett, 8 Cox's Cri- second point of part-ownership, minal Cases, Page 363, We are

This morning, the Court said they would hear Mr Heenan first and, if necessary, Mr Chen

later.

the

he had been unable to, and any of the opinion, the same prin authorities where the conviction clple must apply in the case of of a part-owner under the pro-a part-owner. He must be part- viso in Section 2 (1) of the owner of the specific property Larceny Ordinance

had been which is the subject the lar- challenged.

Counsel

ceny.

him.

SIDE · GLANCES

4:28

By Galdraith Shanghai

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US Propaganda

Luring Bermuda Away From UK

London, June 6.-Sir Richard Fairey, pioneer aviator and chairman of the Fairey Aviation Company, said today that powerful external influences were luring the British colony of Bermuda towards the United States.

Sir Richard, who recently returned from Bermuda, told the Empire Society that

LAB. PARTY Royal

LEADERS

CRITICISED

American Dress and radio "propaganda"

was having marked effcot among Bermu- dans, who are becoming critical of the British Seclallut Govern- ment practices affecting their economy.

He said the American tourist trade had become the colony's,

and that economic mainstay, British Government restrictive practices

the Jf hid cur- (alled British exports, leading and Canadian gooda.. Bermuda to lum to American

(Continued from Page 1) (In a card voto each delegate If he is not the part-registers the number of mem- subraltted that the owner of such specific property hers he is representing at the reason there were no authorities the proviso has no application to conference as individual votera). was that the wording of the pro-

Enriler the Chairman of the viso win so very clear. On the

There remains one further Party, Mr Jim Grimtha, the other hand there were amplo

that is. National to consider,

Insurance Minister, authorities where the conviction aller

Sir Richard said the British of a bailee under the proviso had Procedure Ordinance. Mr. Heg

*** openxl the conference with a been challenged.

speech in which the dominating Government's travel restrictions After quoting several authori- suggested we might apply theme was next year's General and lack of facilities for students

Election.

to

Section 67 of the

חמת

01

Criminal

or

He accused

The

conference-at

were other factors contributing to the spread of American in- fluence In British West Indian colonies.

that Ordinance. In this case if mupport his argument, we were satisded that although Crown Counsel said that though the ap

the appellant was not

Auilty of

the Conservative Stewart

of a larceny yet he was guilly was part-owner Fund and not of a specifle sum fraudulent conversion. In effect, that Socialism was on the road of opposition of rehearsing a scare

"This is perhaps the most im- of money he was nat in the Section 67 provides that if

to totalitarian Communism.

portant from the long range same position as a bailee. Coun-person had been found guilty sel submitted that the conver-by a Jury of larceny and the "We shall combat it with the viewpoint, because cludents who alon of certain money to his Appeal Court was satisfied truth that democratic Socialism represent the future generation own use rendered the appellant that

was evidence there

to is the only bulwark against the are flocking to the United States "equally" guilty-of-larceny.

prove that he was guilty spread of Communism," he said. and Canada for education they which cannot get from Britain," Sir embezzlement

Richard said. VERBAL JUDGMENT fraudulent application or dis- 1,500 delegates altended-agreed

position of anything then they to discuss the draft "pecond Five Lord Knollys, A former Their Lordships deliberated may maintain the convletion so Year Plan" of the Party with governor of Bermuda, agreed shortly and without calling upon long as the sentence does not out, at this stage, attempting to that American influence had be- Mr Chen to reply, gave verbal exceed the sentence to which the amend it.

come more pronounced in Ber- Judgment. The Chief Justice appellant would have been said: In this case the appellant liable on counts

But some delegates were out-muda during the war years. He of embezzle-spoken about the Party's big sald he doubted, however, whe- was indicted on ten counts. The ment, fraudulent application or losses in the recent local elec-ther the Colony's coloured popu Arst four counts were counts of disposition.

lation, would choose to become tions, larceny as a clerk or servant

NO RETRIAL in respect of various sums of

Mr Percy Daines, a Member American negroes. Mr Heenan suggested that the of Parliament, appealed to the "Bermudans look to the money specified in the counts. words "fraudulent application movement not to become "re- Americas more with their heads

sixth counts were or disposition might be wide spectable" and to be content than with their hearts," the "falsification of "documents contrary to the Falsification of fraudulent conversion, but wo

enough to coves the offence of with meetings where "a Cabinet Knollys said.-United Press. Documents Ordinance, and the seventh to

were counts

The

and

of.

1

1935, are of the opinion that this treated like a prima

no

Ho

was

meetings al

Tension Slackens

Lord

In Italy

Cyprus Can't

*Sell Black

False Teeth

London, June The laland of Cyprus has a surplus of black falso teeth.

This extraordinary trade problem was explained to the Royal Empire Society In London by Lord Win- ster, former Governor of Cyprus.

"Before the war," ho zald,

"Cyprus.sents, re- around tho presentative world to increase the ex- port of false teeth. Ho found the Slamese went in. for black falso teeth,

"Unfortunately war broke out, Slam

came in

on the wrong side and the _respit...__is__ that there_are_ largo quantities of black false teeth in Cyprus to- day."-United Press.

S. African

Uranium

Experiments

Businessmen Digest New Regulations

Shanghal, June 7,-Shanghai businema were today still digesting two -new- regulations vitally affecting their future- the order calling in all forelei currencles and the announce- ment governing the important export trade in East China-and.

this is until

completed fow

for Publlent

On

any comment

the surface. the new trading rules differ litle from those Inid down by the now defunct Nationalist. Import and Export Board,

The currency regulation is not yel in force, as the authoritien bave so for not quoted any official conversion rato-which

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they promised to do dally-or ADDED! Latest “MARCH OF TIME"

announced a conversion dead- line.

In the opinion, however, of a

30-year resident trader of the | #IIIIIIITIK

city any attempt to control ex- |‡ change is dynamite. Ho sald that to try to do this in the manner proposed by the Govern=" ment would again "dry up_In. dustry and set the country fur- ther back."

"I strongly believe that the

HITO only: solution to this problem is to allow the froo circulation of all types of foreign currenales and it is my opinion that such currencies should be

freely handled by appointed banks," he added,

"Furthermore," he continued, "holders of any type of forelan currencica should be permitted without licence to bring in any goods they desire with the ex- ception of goods on the pro- hibited st "In the

courge of time and

after the war of liberation is over it would then be possible for the Government to work on stabilising the currency and ultimately controling exchange, but this Umte is not yel here."

IMPORT CONTROL

ADVOCATED

The trader said that the ques- tion of Import control was im- portant, and suggested a perlad of several months of open mar- ket after which the authorities could gradually prohibit the Im port of unessential commodities. Mr Y. C. Gomersall, Managing

trome Director of China Engineers Ltd., a well-known British firm, expressed optimism regarding the future of Shanghal for the followng reasons:

(1) Shanghal Was largo chough und Important enough to merit special treatment and to be governed by top-ranking nincials guided by personal integrity and a sense of national well-being.

(2) The trade of Shanghal. could not be maintained with- out foreign, especially Anglo- American, co-operation.

and

.a

A

Mr Gomersall said that prosperous Shanghai would be. for the show-window world. On the other hand,

paralysed Shang- commercially hat would drag down the economie status of the wholo country

plague Every ospect of Its national economy. Commenting on the express- ed-intention of the Chinese. Communist Party to indus- trialise the nation, Mr Gamer- sall said that this could not be done without Anglo-American co-operation,

The Governments of Britain and the Unlied States recently said that they would impose no restrictions on individual Brilish and American firms trading with the Chinese Communists, and he thought it unlikely that under these circumstances the Chinese Communists. would decline to accept the opportunity Capetown, June 6-Mr E Kheld out to them-Reuter, Louw, Minister of Mines, an- nounced today that representa Lives from the United States and Billain would visit South Africa In a for months, at the Go- vernment's Invitation, to discuss the production of atomio energy.

16,544 Persons Evacuated

Batavia, June 0-The Dutch

He was speaking in the House authorities announced today that

of Assembly during the budget | 18,344 persons had been evacuat- clobate..

from Jogjakarta, the republican

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SINCLAIR LEWIS FOR EUROPE

Williamstown, Massachus

tenth not so. The same words

Members of the Party should simple "fraudulent application or dis- larceny in respect of the same position" occur in another pro- street corners and factory gates

back to their ret sums which were the subject of vision of the Larceny Ordinance to set the faith alight," he de- the first four counts..

namely, Section 05 (2) and that Section will be found to have

clared. The Jury found the appellant counterpart in Section 44 (2) the Railwaymen's Union, moved Mr J. B. Figgins, the chief of not guilty on counts 1-a pre-k sumably because they were not of the Larceny Act of 1916. A satisfied that he was a clerk or to the construction of those resolution asking for greater In nationalised servant. They found him guilty Words In Section 44 (2) of the partielpation

Industries by workers.

Mr Louw said that the visit capital of Indonesia, and a total larceny on counts Larceny Act of 1910, there is of simple

The railmen's leader is in the Clear authority and the authori- 9-10 and he was convicted and ty is the case of Francis Joseph public eye at present, trying to

would follow the discussions he of 40,000 were expected to leave sentenced on those counts. No Stephens, 24 Criminal Appeal settle unofficial strikes and "go

Rome, June 6-The Italian had in London with representa-before restoration of the repub- count was made in the indlet-Reports, Page 80. In that case slow movements on the State-Minister of

Signor Lives of the British Ministry of lic Labour,

Most of the evacuees, accord- met Supply and in Washington with ing to the announcement, were ment of fradulent conversion.

Ameatoro Fanfani, today il was held that on an indict-owned Hallways.

United States Atomla Chinese

The remainder 'were On the hearing of the appeal ment for simple: larceny there areed to the resolution union officials and employers to the

Indonesians who co-operated on to the Executive discuss a compromise to settle Energy Commission. conviction for Mr Chen, for the appellant, has can be

ho

told

old farm that the the three-wooks"

Ho said no uranluin had yet with the Dutch. argued the merits of the fraudulent, conversion and the after

The Dutch statement added not.

Láthat, the words matter of representation was workers strike,

Union, been produced in the case and in fact there appears reason to be no merits in the case bo- fraudulent application or dis- being considered by, the Trades

The folds are showing, signs and South Africa's work in this that evacuation had been harass cause on the appellant's own position constitutes a term of Union Congress and the Labour

of neglect. as 1,500,000 farm respect was still in the experi-ed constantly by guerillas lurking Statement

art and takes one back in Eng Parly, put in the Cour

Tomorrow the Prime Minis-workers are idle, but the ten-mental stage. Work of a highly along the highway from Jogja- below and on his own evidence land to the words of the Em- twin the

bezzlement Section and, under ter, Mr Clement Attico, will slon, which cost four lives, has scientific nature still had to be karia.-United Press. Court below he had-

Hongkong law, to the provi- present his Parliamentary re- slackened und Signor Fantani is done and the Government had of two iro

reported to which Port

belleve that the secured the services to the conference. was money of a Club. It Larceny Ordinance. The words

experts, one from The Chancellor of the Ex-und of the strike is in alght the United States and one from

BOYCOTT bed, of course, the excuse

Under the compromise. the of are not of general application chequer, Sir Stafford Cripps, Is every offender against the law and do not permit ellher the also expected to make a speech union would accept

3, Programme Summary "Hom that the hopes to be able to re- Jury or the Court of Appeal to which will test the depth of wage contructs

an "luterim The first had been connected org calls: 3.01, Children's Story! THREATENED pay but that does not affect the substitute fraudulent conversion trade union resentment, at his measure" instead of insisting with the opening of the atomic Dragons and Lanterns" by Bainsby 20 position at all.

for a count of larceny.

food recons higher

price" on

national agreement. energy project in the United Sweethearts: 830, Cantoness by Brisbane, June The June 6 The Pulitzer prize Union officials said that they States and had now been į nadie Given by Miss Lee Wai Lan, had stipulated discussions for in the Union: for seven orde 3. Ka Lee (Studio) to, but Brisbane branch of the Canadian winning novelist, Sinclair Lewist national contracts should begin eight months actively engaged in Batterield and His Orchestra: 24 Seamen's Union is considering sald today that he will saf

Americans Letter, by Alistair Cooks bayepiting all Canadian, chipping | 975,000 estate here and lear by September 20.

experimental work.

(London Relay);:715) The Students Lost. In An affirmative answer from

Hall Light Orthozira) 150 Down here until 30 former members of In October to live in the employers is expected later Mr Louw Bald that private memory Lane prented by Aleen the crew of the Canadian Ho declined to * Mountains

plants were also conducting ex-Woods (Studio)ia World News and freighter, Triberg (2,000 tork), moving to Europe and Neff A 24-hour general strike in periments, particularly at one New Anabel (London) are repatriated or paid susten say exactly where he le Gruyeres, Switzerland June 6. the Ferrara area of Northern mine, where the uranium con- Blue Danube" The story of ance to bottle. Lowl

syne, magandah us to order a retrial on a count-Two English students at the Italy, called in protest against tent in gold ore was very high. Strauss im and their Making this statement, the tumed from that pod

A Cavalcade of ' d begin by referring which was never preferred by Roman Catholle seminary of alleged excesses by police, passed He regretted that experimentheth Cane Touren en Brisbane branch secretary of winter in Italy - to command Reports, Val are therefore the eplete that the mountains our hore Brice o to the case of Bruce v Read, the Attomey-General at all, We Fribourg have been missing in

Meanwhite 800,000

By bad shown that uranium conditorials London Felag); 2.10, the Unión, Mr U, Casey," said building tent In low-grade ores was Author Louis Colding discusses his casual work in Brisbane, and

Reader".Taxes ove The that some of the men, were doing? 1. Page 399, That: caso, catab- we should not order. A retrial.

The small that it would hardly be work with his readers, BOOTS); Habed that, where.' Dossession: it follows that we must / Saturday LÝ TALANTAMOS LA/employees, amilated" to

· They are John Halley, 24, of Communist-led. General Labour, economie, to work 11, so there oko, Chamber Hunde Recital Tylost others were unemployed. started by being, wrongful, but leave to appeal und treating the Birmingham Land Timothy Confederation; have. Threatened was Ilue-hope that uranium Trio in D Minor" (Azansky); zileen The men were) gaoled hat necessarivas 'falonicus, bill application for leave to appeal Smiley, 19, of Aberyswyth, They to strike for higher wages, and would have the life of these ore 155. Celio F10 Kantolan days on April 11 ton, Jüring

Bar (Callo): -10.10, subaequanilyake

As the appeal itsalf, we must have, not boere, sein: slaco: they epresentatives of 8,000: Rome milnestala dan pe

and. His Orchy with Paula Deem as take, thế allow the appeal and must set set out for a day's walk of tour hotel workers who have been in H16 Mins however is that lean token; 110,40 Shurik, for bencing he ship later left Birla Amide, the conviction and sen» on Saturday morning-taking on strike for higher pay, will'se Venus. The appellant, la, thereonly #ifem nadwiches. A

Mr Chen has, however, pul forward purely legal arguments and his argument was that there was no evidence before The Jury on which the accused could have been found guilty

simple necessary for

of

Wo

bad poisessőh

and

It follows then that in this budget-Reuter. case we are unable to apply Section 67 of the Criminal Pro- cedure Ordinance,

There remains the question of whether, holding the view wo do hold, it will be posable for us to order a retrial, but we take

Onger/the view, that, it is not "open to

tore/discharged.

kisfad-Prew

GITT

regiona?

today

tomarrow; A or

well-known

Canada,

Radio Hongkong

I.K.T

(Studio) 6,13, ---"Stundent

crew mem

Omelsis

Trades

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