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The most dangerous game a woman ever played, pitting her beauty against diplomats, guns and treatics for the sake of her beloved enemy.
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Merle
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"Beloved Enemy
SUNDAY
THE CHINA MAIL, JANUARY 6, 1939.
Solicitor Trustees Fined In Swatow
Lane Case
+
The case
in which Messrs. M. H. "immediate" is to be appreciated; the
extends
to Turner and H. J. Armstrong were sum- omission
the range, so moned, as trustees, before Mr. R. A. speak, of the powers conferred by thems D. Forrest, for permitting the first sections, by removing the hindrance to floor of No. 2, Swatow Lane, to be used their application by the existence of as a brothel within three months after intermediate tenancies. notice had been served that the occu-
PROPERLY MADE pier had been convicted of keeping a From this it follows that the ser- brothel, concluded this morning when vice referred to in sec. 15 was pro- Mr. Forrest imposed fines of $25 each,perly made on the defendants, and it Giving judgment Mr. Forrest said: remains to be considered whether they Counsel for the defence entered ob-had reasonable means of knowing that jection, on the ground that, there be the premises were used in the way for- ing no privity of contract between de-bidden by sec. 12.
the
fendants on the one hand and the se- In this connection it is material that veral persons who were, from time to convictions under sec. 12 were record- time, as principal tenants of the floor, ed in respect of these premises no few- convicted of offences against sec. 12, er than four times in 1938. In con- on the other notice under sec. 13 should nection with one of these, a notice was not have been served on defendants, served on defendants in the month of nor the
present proceedings taken April; the receipt of a further notice against them; it was further elicited of the same teñour in the month of in the evidence for the defence that, October should, I think, have raised in in the case of one such notice, they their minds the question whether their had returned it to the magistrate who immediate tenant, Chue Cheung, a de- issued it with a letter to the effect sirable tenant, and should have sug-, that the persons convicted not having gested to them the desirability of a
this person for been tenants of defendants, the notice interview with was misdirected.
purpose of interrogating him regard- HISTORY OF ORDINANCE ing his management of his tenancy. "To evaluate the force of this ob- Of actual knowledge on the part of jection, I hold that the scope and obeither defendant of the use made of ject of the Ordinance must be looked the premises as a brothel on 1st De- to, or, in the words of Sir Skinner cember this year there is, of course, Turner J, in the case Nanyang Bro-no evidence whatever, and I am left thers v. Missions Etrangeres. 1923. to inquire whether he had "reasonable "the mischief against which the Or-means of knowing." I cannot escape dinance was directed and the remedies the conclusion that a person keenly in- sought to be provided." Again, as interested in discovering what might be the case quoted, the history of the going on in these premises, to which by had been directed Ordinance must be looked to; and inhis attention
the omission, be-notice, had several such reasonable this latter regard tween 1897 and 1936. of the word "im-methods of satisfying his curiosity. To mediate" before landlord in sections 13 one of these means an interrogation and 15 is, in my opinion, cardinal. The of their immediate tenant-I have al- purpose of the Ordinance generally is ready referred: but there are others. that declared in its short title, and the
REASONABLE MEANS
of
particular protection which the sections It may be true that they as landlords of the Ordinance now under considera-had already deprived themselves tion aim to provide is plainly protec-right of entry by a contract of lease tion against exploitation by brothel which did not expressly reserve such owners: the settling of liability on the right; but the effect of this is nulli- owners, etc., in the case of repeated fied by what is known of the nature offences against sec. 12, appears to be of the use of the premises; a brothel designed to secure the co-operation of keeper can, hardly regard unfavour- such owners in Government's endeav-ably the resort to her premises of our to stamp out the evil, and. at the male persons unknown to her, nor re- same time, as is shown when that sec-fuse such persons admission; and it tion is read in coniunction with sec. 14 seems plain that had defendants either immediately preceding, to break the visited the premises personally or em connection between a brothel keener ployed some agent to do so, at the ap- and the premises where the offence has propriate hours, then they might have been committed. It is here that the had information as to what was going significance of the omission of the word on in that floor.
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I am satisfied that the offence of de- fendants was of a negative rather than a positive nature. They, in fact, fail- the ed to take sufficiently seriously obligation laid upon them by section 13 to 15 of the present Ordinance to co-operate in measures to prevent the misuse of these premises, despite the protests of willingness to co-operate with the authorities of which I heard much from the witnesses for the de- fence. For this remissness I think that the appropriate penalty, in addi- tion to the publicity which this case has attracted, will be a nominal fine of $25 on each defendant. In fixing the amount of this penalty I have made full allowance for the fact that defen- dants did in good faith misconstrue the Ordinance and its applicability to their
case.
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MURDER DE FL
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