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HONG KONA.
THE CHINA MAIL, NOVEMBER 18, 1940.
Onslow Discharged In Diamond Ring Ticket Case
A WRITTEN JUDGMENT was given by Mr. G. T. Lowry at the Central Magistracy tlus, morning, when Charles Onslow, 40, again appeared on charge of unlawful possession of two diamond rings. Onslow was found not guilty and discharged.
1
that the words found in his possession' must be deemed to mean⚫ found in his actual physical possession.' Thus in Rex versus Hardy (74 J. P. 396) ¡tavas held, following the decisions in R.. versus Drag
that Ylls Carter,
in
MONASTIR
AGAIN BOMBED:
DELIBERATELY
ISPECIAL TO "CHINA, MAIL")-
Unidentified foreign 'planes again bombed Yugoslav territory near the Albanian and Greek borders yes- terday, it was reported in Belgrade.
Monastir suffered a heavy raid which was apparently deliberate. Yugoslav *planes finally repulsed the Interno- raiders.
tional News Service.
***Detective Sergeant - Cullinan¡ criminal law. It is thereforé dif- ficult to trace any cases bearing prosecuted.
But I think Mr. Lowry said: In this ense, on the first question. defendant is charged with unit is very doubtful if the words offence against, section 24 of the having in his possession' in this Summary Offences Ordinance, the section should be deemed to in- possession, particulars of Offence setting out clude constructive that."on the 7th of November, The section, like section 63 of extends 1040,. you did have in your the Larceny Ordinance possession two diamond rings rea-the law so as to make it easier conably suspected of having been to bring to justice those who deal property. And the tolen or unlawfully obtained" in stolen The prosection have called evi-Courts in interpreting the section dence which, if uncontradicted, in the Prevention of Crimes Act would, establish the following (L371), on which section 63 is facts: (1) That a man giving based, having held his name as Chan Kau pawned a diamond ring for $30 at the Tak Lung pawnshop on the 20th Octo- ber, 1040, and that a man giving his name as Chan Si pawned: & diamond ring for S80 at the Tai, Lung: Pam pawnshop on the 15th of October, 1940, (2) That the charges of receiving stolen pro- | 10000 pawn tickets relating to these two perty where it is sought to prove rings were found on defendant on that other property stolen the 7th November, 1940.
the preceeding twelve months (3) That the defendant after was in the possession of the his arrest made a statement as prisoner, the evidence must be follows: These pawn Uckets excluded unless it goes to show were handed to me by a friend that the property in question was named Lee. Wing-yiu for sale.. Iin his actual physical possession. have known him for a few years But even supposing that and believe him to be an honest doctrine of constructive possession can be applied to section 24, the man."
The defendant made another second question remains. statement before arrest to which the evidence, show that the rings I will refer later.
concerned in this charge the (4) That
has in the actual possession of a per- defendant tailed to trace Lee, Wing-yluson over whom the though, given every opportunity to has a control so that they would do so..
he forthcoming if he ordered it? FORE MR. E. H. WILLIAMS versus WITH UTTERING A FORGED I have now to consider if this I do not think that: R. evidence is sufficient to establish Cullen (37L.IN.G.. 83) is of the $10 BANKNOTÉ AND WITH a prima facie case against the slightest help in deciding this defendant,
defendant
In
the
Does
were
Woman In Forged
NoteCase
WAS
KAN PO, A WOMAN, THIS MORNING CHARGED BE-
point. For in that case the pri- ITS POSSESSION. soner was in constructive posses- sion of the articles stolen before.
2
The case for the Crown, was No Owner Traced
they reached the pawnbroker. In conducted by Mr. J. Reynolds,
would
the jury consisted of natand The original owner of the rings this case, the rings
F. Thompson, has not been traced, and there is have been forthcoming unless the Messrs: G. E.
to Wong Wing-kit, T. Ramsey, Chih no evidence to show that, they defendant was in a position were stolen apart from the de- pay the full amount due an Ching-huang, To Kam-hing, Hing fendant's statement that
In these circumstances, Kam-to, E. G. N. Grimble and heickets. bought them for a few dimes (for,, cannot see how it can be said J. R. Gomes.
ab- Mr. Reynolds said accused Tew that the defendant was in however, one interprets a
I went to the Kwong Lee dimes it is clear that the sum solute. control of these rings, referred to was absurdly small am unable to find that there is changers,,at 8.30 am. on October when compared with the articles evidence that the defendant was 23 and tendered a Bank of Com- pawned). And, while it-is-not-in constructive possession of these munications $10 note for which.
if she received $2.00. The account- necessary to decide the case on articles and for this reason,
money
this point, it is to he noted that for no other, I hold that there ants handed thenate to another the statement referring to a few is no case for the defendant to accountant, Lee Yue, who found dimes was made to the prosecut-answer.
of the
found
WOMEN FIGHT
ing officer when the defendant I might add that there seems was in custody at the Police stato be no reason why the defen- tion but before he was charged dant should not have been, chiare and cautioned. There is no evied with the possession dence to show that the statement pawn tickets which themselves was not voluntary or that there are articles of value. was any inducenient but the third The defendant will be of the Rules for Police Officers not guilty and discharged. approved by His Majesty's Judges was not observed. This type of statement was fully discussed in the case: Chau Ngấu" versus Rex (Hong Kong Reports Vol. XXVIL page 56). In that case it was held that the weight to be attach- ed to such statements was pri- marlly a matter for the discretion In Court because of a fight, on of the trial judge or magistrate, a piece of vacant ground opposite In this case, I should find it dif- the Mongkok --Fire-Station, last ficult to attach any weight at night, Chan Ng-mui, 27, married all to the statement made by the woman, was to-day bound over, defendant in which he referred while Chan Chu, 28, widow, who to a few .dímes.
falled..to appear, had her bail of Entirely apart from such con- $10 estreated. They were charged siderations, there is no evidence with disorderly conduct. to show that the defendant had
OVER HUSBAND
Sergeant Gordan said that two
Lit.to be a forgery. Accused had left the shop and gone in a wester- ly direction. Lee. Yue went in the same direction, to Leung Shan, another money changer, where he found that a similar ten dollar note had been exchanged for $2.40 a few minutes previously.
He then continued west to an- other money-changer, Yip Lee, where the woman had tendered. another note, which had been re- fused as a forgery. Lee Yue came up and accused defendant of ut- tering forged notes. She snatch- ed the note back and tore it. Po- lice arrived shortly after.
In-reply-to-the charge of utter- ing, accused said that she had no- thing to say,-but-on-the posses- sign charge said that she did not know the note was forged,
RACECOURSE
at any time the actual physcial women were seen striking at one possession of these rings and another with fists. A Police Reser-1
indeed the evidence goes to vist arrested them. Chan Ng-mu PICKPOCKET CAUGHT
prove that it was unlikely that alleged that the widow had taken he ever had. But the prosecu- away her husband.
tion ask me to hold that the de- fendant, as possessor of the pawn tickets and as the only person who can oblain the rings, is in absolute control of these rings and his that they are, therefore, in constructive possession. This argument gives rise to two ques- tions:-
SHOPPING HOURS AFTER RAIDS
Croydon Chamber of Commer
*
Chiu Fook-yuen, 45, shop foki, ◄ was charged before Mr. T. J. Gould this morning, -with-stealing a wallet, containing $26.30, from Mr. J. N, Peokson, chief officer of the s.s. Regalas, at the Race Course, on Saturday.
Inspector Portallion said Mr. Peckson-was buying a ticket at the Public Enclosure, Hong Kong (1) Can the doctrine of conce has turned down a suggestion Jockey Club, when lie felt as
structive possession be ap- that, because shopping, hours are movement at his jacket pocket. plied to charges brought unwainings, shops should open car holding his wallet.
so often interrupted by air raid He turned and saw defendant
der section 24.
(2) When, if ever, can it haer cach morning. The Chamber Defendant was sentenced to
held that a person in pos- is also opposed to keeping shops four months' hard labour, session of pawn tickets is open an hour later at night, t
Mr. D. W. Joslin, Bresident of
in constructive passession
of the articles to which the Chamber, said "At some shopa they relate if he has never instructions have been issued that, had physical poskesalon of if an hir-raid warning is in opera- those articles.
Hon after midnight, staffs will be allowed to arrive at work inter In one instance as late as 10
«No Counterpart
u.m.
Section 24-has-no counterpart Shopkeepers in other parts of In the general body of English | London may follow this lead.
Pleading guilty to stealing :00: pounds of rivets, valued at $80, from a launch at Kowloon Docks yesterday morning, Tsang Lai, 30, was-fined $200 qr.:two months' hard labour, by Mr. E. Himsworth this morning.