THE CHINA MAIL, MARCH 8, 1939
SOLICITORS WIN
WIN APPEAL Swatow Lane Brothel Case Under Review
ANGLO-GERMAN COAL "ACCORD"
London, To-day.
The Secretary for Mines, Captain H. F. Crookshank, answering a ques- tion in the House of Common's yes- terday, declared in connection with the Anglo-German coal nego- tiations that it would be incorrect to speak at this stage of a concrete agreement.
It was rather a matter of clarifica- tions between the British and Ger- man coal trades, and hence merely the first step towards international agreements.
Captain Crookshank, however, stated that during these negotia tions progress had been achieved.
Trans-Ocean.
Further Crown
Action Foreshadowed
REPRESENTED BY MR. H. G. SHELDON, MESSRS. M. H. TURNER AND H. J. ARMSTRONG, TRUSTEES OF THE PAUL CHATER ESTATE, SUCCESSFULLY APPEALED AGAINST CONVICTION BY MR. R. A. D. FORREST, SENIOR MAGISTRATE, IN THE FULL COURT OF APPEAL BEFORE THE CHIEF JUSTICE, SIR ATHOLL MACGREGOR, AND THE PUISNE JUDGE, MR. JUSTICE R. E. LINDSELL, THIS MORNING.
Appellants were convicted and, fined $25 each on January 6 for permitting the first floor of No. 2, Swatow Lane, to be used as a brothel. The magistrate held that they had reasonable means
CHURCH DECREES of knowing that the premises
AGAINST JEWS
Berlin, To-day,
were being kept as a brothel.
Mr. J. B. Prentis, Assistant Crown Solicitor, appeared for res- pondent.
-Mr. Sheldon contended that there was no evidence against appellants to
The Evangelical churches Saxony, Mocklenburg and Anhalt, cover the charge which, he said, could like the Evangelical church of not come under the Ordinance, Coun- Thuringia, have promulgated sel submitted that no such charge lay church laws prescribing that Jews under the Ordinance, may no longer become church mem- Lers, neither inay Jews any longer hold church offices..
Church taxes will in future not be collected from Jews who had be- the come church members before promulgation of the Jaw.--Trans- Ocean.
NO LICENCE
A fine of $20 was imposed on Wong Yuk-ying, of Nathan Road, by Mr. Q. A. A. Macfadyen at Kowloon this morning. for posses- sion of radio-set without a licence on February 8.
Defendant stated that the set was presented to her by a friend and a licence had been taken out since she was told to do so by the
Wireless Inspector.
The second ground of appeal was that appellants had no reasonable means of knowing that the premises were being used as a brothel, and the s that the summons third ground was was improperly served.
OBJECTION TAKEN" Mr, Sheldon pointed out that at the Police Court he objected, prior to the opening of the case, that the summons was wrongly worded and that no such charge could be laid under the Ordin- ance, unless appellants were keepers or occupiers of the premises. This point, submitted Counsel, was соп- clusive,
sel's objection, Mr. Sheldon contended that the effect of the section was that the charge, and evidence, were at variance, the Magistrate could convict on what defendant appeared guilty of. If the Magistrate had done so, then, added Counsel, the present proceedings would not have arisen,
MEANS OF KNOWING The Magistrate admitted that ap- pellants had no actual knowledge that the premises were brothel, but stressed that they had reasonable means of knowing and con- victed them on that point.
being used as
Te-
Referring to the Magistrate's marks that appellants could either have visited the premises personally or employed some agent' to do so and to report to them, then they might have known what was going on in the floor, Mr. Sheldon said he did not wish to appear humourous but he asked the and Court to "imagine Mr. Turner Mr. Armstrong visiting the premises at appropriate hours as customers."
Counsel added that if respondent proposed to plead wilful blindness, that would be negative in the face of the Magistrate's ruling that if, steps had been taken the appellants might have found out what the premises were used for, and that they did not take those steps because they misconstruded the Ordinance.
POPE GIVES AUDIENCES
ROME, TO-DAY. POPE PIUS XII MAY GIVE A SECOND AUDIENCE TO THE FOUR GERMAN CARDINALS WHO CAME TO ROME FOR THE ELECTION. THE FIRST AUDIENCE TOOK PLACE ON MONDAY.
According to the Turin paper generally "Stampa," which well-informed on Vatican mat ters, this second audience will have an important bearing on re- lations between the Vatican and the German Reich. It is schedul- ed to take place on May 12, after the Coronation of the Pope.
The Pope began the giving of private audiences yesterday in the newly furnished Papal pri- vate library where His Holiness received in turn Cardinal Maglione, the Prefect of Congre gation of Council and Cardinal La Puma, the Prefect of Congre- gation of Orders as well as the North American Cardinal Arch- bishop of Boston and Cardinal Muendelein, Archbishop of Chi-
Trans-Ocean.. cago.
ARMED ROBBERY CHARGE
this
For having committed an armed highway robbery Wong Cherk, 20. and Chan Hing, 24, were morning charged at the Kowloon Mr. Sheldon submitted that thera
Court before Mr. E. Himsworth. was no such charge as that on which "Permitting" meant wilfully. He appellants had been convicted, and no It was alleged by the Prosecut- explained that his objection to the evidence to cover the charge. Counseling Officer, Det, Sergt. C. Dowman, summons was an invitation to amend told the Court that, according to a that defendants had committed the ment of the charge. This was, how letter from the Crown, proceedings, crime on a hilltop above Grampian ever, completely declined.
such as Counsel suggested when he objected at the Magistracy, are con templated should the appeal succeed.
The case, went on Counsel, was not only of importance to landlords but also of great importance to appellants, who were Trustees of the Estate.
Referring to section 21, of the Ma- gistrates Ordinance, which was quoted
WRONGLY SERVED
Mr. Sheldon submitted that the sum mons should have been served on the
ese
Road, Kowloon City, being at the time accompanied by another. Chin- man who is not as yet in Police custody, and had · robbed Wong Tak, of $2.04, a gold wrist-
by the Magistrate in overruling Countenant, Chue Cheung. The immediate watch, a gold finger-ring, a police
landlord was the person on whom the whistle and other articles.. ' notice should have been served, The,
This photograph was taken at the RN. School of Music at Deal and shows a young bandamon now under tuition at the school, Most of the youtțital musicians, whose ages range from 14 to 17, wil later join bands of the Royal Marines, Photo shows a novel anglo of the glockenspiel: player in the boys' band. The average age of "the boy in the band is 16 years 6 months.
owner had power to get rid of the tenton the request of the Prosecu- or, the case was formally remand- ant, and the tenant, in turn, to get rided one week,
of the sub-tenant.
to
It was remarkable for respondents to claim that they had discretion choose on whom the notice should be served.
Mr. Sheldon submitted that the trus- teos were correct throughout and ask- od for the appeal to be allowed,
MILK NOT UP TO STANDARD
Mr. J. B. Prentis, Assistant Crown Solicitor, agreed that the summons was wrongly worded. Ho submitted Wong Man-fal, of No. 31, Wing that all it was required to prove way Lok Street, ground floor, was this that the summons was served and that
morning summoned before Mr. the tenants of the premises had been R. A. D. Forrest at the Central convicted twice in three months keeping brothels in the premises.
for
The onus was, submitted Mr. Pron tis, on appellants to prove that they had no reasonable means of knowing what was going on in the house. Not tices of convictions of the tenants were
sent to them.
Magistracy for selling milk that was not up to the required stan- dard and was fined $5.
Inspector Chater prosecuted and said that the analyst's report show- ed that the milk was 7.4% de- Mr. Mackinlay's evidence described ficient: în fat. Chue Cheung as an undesirable. Why, Defendant pleaded guilty asked the Assistant-- Crown Solleitor,
did they hot send for him to find out stated that the milk had beat und
ob-
what was going on in the promises, tained in that state from the cow. Appellants had the opportunity of find- ing out what the promines were being used for, and although the summons was badly worded, appellants wore rightly convicted.
APPEAL-ALLOWED EES,
The Chief Justice, "after conferring artho - Puigno Judge, calloweit V the peal and said that In view of the Importance of the case and the duct that other procdedings, worg, con
written, judgment would
Sr.No order? Was mada, re gards come, but the fince, weser order
ranitted.
ARMS ON JUNK
For having had a rifle and 56 of ammunition on board his Junk. No. T2750H at the Kaumati Typhoon Shelter on March 6, Wu Fuk, the master of the junk, was fined $10 and the rifle and am- munition ordered to be confiscated, by Mr. E. Himsworth this morning at the Kowloon, Magistracy,
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