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THE CHINA MAIL, WEDNESDAY, AUGUST 20, 1947,
JUDGMENT IS RESERVED IN BENEDICT LEE APPEAL
Contention That Accomplice's Evidence Was Wrongly Admitted By Magistrate
Found Guilty Of
Taking Bribe
Judgment was reserved yesterday by the Full Court of Appeal, comprising Sir Henry Black- all (Chief Justice) and Mr. Justice T. J, Gould (Additional Judge), in an appeal brought by Sub-Inspector Benedict Lee Kin, against his conviction at the April Sessions. The tippeal was based on the The trial of appellant com- following grounds:
menced on May 12, and on May 13, the defence was handed a
conditional pardon in respect of Leung Kul, addressed to the First Magistrate, signed by the Attorney General and dnted
(n) That the evidence of Leang Kal, an accomplice, had been wrongly admitted by the committing Magistrate and that therefore the Indictment pre-May 12. forred, and consequentially the trial, was a nullity.
(b) That the evidence of Loung Rul, an accomplice, had been wrongly admited by the Trial Judge at the trin..
P.C. CHARGED
Further evidence was heard by Mr. W.A. Blair-Korr at Kowloon yeatordny in the case- in which Police Constable Cheng Kwong was chargod on two
Raids On Opium Dens
counts of demanding with In oplum divan ralds conduct- nienaces $126 from Wong Mel-ed by the Palice in Kowloon on tai, married woman, at 722 Monday, under Detective Sub- Nathan Road, second floor, on Inspector W.G. Morrison and July 15.
Sub-Inspector Andrews, 26 smokers were arrested and n quantity of pipes, lamps and opium, and $40 in cash, were Beized.
After testimony of Mian Ng Wan-chuen, sister of Ng Man sang, co-tenant of complainant, in support of the prosecution's case, hearing was adjourned until the afternoon of Aug. 21 when Mr. P.M. Eam will opens the defence.
Nineteen smokers were fined $15 each, two $10 each, and four had their bail of 325 estreated
Mr. Silva pointed out that
Kwok Kui, for keeping a dive the case pivoted on the evidence of the main witness for the pro-
at 389 Shanghai Street, frai Becution, Leung Kal. He could
floor, was fined $150 or two analyse this evidence piece meal, case, the man could have been months' by Mr. W.H. Latimer. but believed It would be suff. dealt with, and should have been; Cheng Chol, keeper of a divan ground np-cient for him to refer to Crown den't with, before being called at 41 Butlery Street,
Counsel's address to the Court. upon to give evidence. There floor, was fined $200, and $60 He pointed out that, in the was a danger of a man, in such for possession of 3 mace of Court below, before the commit-circumstances, with a sentence prepared oplum. Inspector J. ting Magistrate, he made a sub- | hanging over him, giving Orem prosecuted. mission against the admission evidence which was not true in of Loung Kni's evidence, but it jordet to secure a conviction and was neverthiefcan admitted, to save his own skin
Mr. Marcus A. da Silva peared for Lee on appent.
The Crown was represented by Mr. A. J. C'ifford.
Lee was charged, at the April Sessions, with conspiracy, be
Ip Nam pleaded guilty before ing an accessory before the fact
Mr. W.A. B'air-Kerr to keep- to demanding money with nin-
ing a divan at 603 Shanghai aces, procuring and obtaining; Me. Silva then quoted a num- In conclusion, Mr. Stiva dent S.rect, first floor, and to pos- | * bribe by public aervant, ae-ber of legal authorities in sup with the "no substantia mla-session of 1.5 mace of prepared cepting a bribe by publie er- port of his contentions and sub-carriage of justice" rule which, opium. He was fined $125, while vant, obtaining a bribe by pub-witted that these authorities lic servant, demanding money were still good Inw and should with menaces and attempting to have been followed in this ease. obtain a bribe by public ser-;
vant,
Word "Accused"
save
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be beleved, might be argiled by | Wong Ying, a woman, was fined Crown Counsel,
$100 for allowing opium smoke. DAILY AT 235 50 75 897 P.M. Replying, Mr. Cifford refering at 284 Portland Street, first ret to the position in the floor. Lower Court and that under S/I Howarth prosecuted. modern rules of law, the uncor-
GILMAN'S MOTOR SHOW
He was found guilty on the 1st, 2nd, 4th, 5th and Gth Mr. Silva said that the esroborated evidence of an ac- charges and sentenced by Mr. score of the law, as set out in complice might, after sufficient Justice E. H. Williams (Puisne Roscoe, reated on the word warning, be admitted. Judge), before whom he was "accused.” Onco an accom- tried, to one year's imprlson- plice had been necused and hod Common Practice ment on the first charge, nina thereby been put a fear or in months on the second charge, hope, the Court was most re Mr. Clifford said that it was
in exceptional common
admlt to practice the sentences to run consegulvetant, tively, and to nine months on cases, to admit him as n wit evidence in the Lower Cour
which each of the 4th, 61, 6th and nes for the prosecution.
the was not used in 7th charges, the sentences L Mr. Silva Bubmitted the InwHigher Court. run concurrently with the nine should
prevented the The evidence of an accom- months on the second charge. Magistrate from admitting the pilce was always treated with Friday, 22nd August evidence of Leung Kai, and that suspicion, as it was appreciated if he had wrongly admitted that that he might wish to place the evillence, the committal was blame on another person. That In the course of his submis- vitinted and therefore the In- was the reason why the Crown sions. Mr. Silva said that indictment
and tho trial aalways looked for corrobora- February, Leung Kal and up-nuity,
Bribery Charge
have
tion,
polant were charged together Mr. Silva then analysed the Mr. Clifford said that the before the Kowloon Magistrate evidence of the prosecution. | evidence of Leung Kal was with bribery. The wording of It was true, said Mr. Silva, that accessory because he was, in the charge suggested they were the evidence of Leung Kai mado most cases, a link. Leung Kal's accomplices.
the Crown. caso stronger and wife did not know the indivi On the Grat day of the com- better, but Leung Kal, with the aurd contents of the note books, mittal proceedings, the charge sword of Damocles, hanging nur was the present at pay - with-over his own head, should not menta, or discussions of the against Leung Kai was
have been called upon to teall-conspiracy forming the charges. After Mr. Silva hud repiled Subsequent to the committal fy,
announced Mr. Siva said that in circum- briefly, the Court of appellant, and about weeks before his trial, Leung stances like those of the present that it would reserve judgment.
drawn.
two
Kal was brought up on an-
ather charge, that of conspiracy
with the appellant, a
On the date of the appel'ant's trial, Leung Kai had plended guilty, but was awaiting set-
tence.
Car Thief Who Dozed Nabbed
Pleading guilty to larcen and possession of implements at for an unlawful purpose, Chan Wing, 26, unemployed, was sen tenced to six months hard a bour by Mr. F.X, d'Aimadu yesterday.
D.S.I. Soutar said that nt about 5,30 m, ou August 15 defendant was found asleep in Statue Square. In his possession were found various tools for opening motor cars.
False Information Charge Dismissed
Tam Chan, operator of a Central market stall, was charged before Mr. F. X. d'Almada at Central yesterday with giving false information to the police, while Tam Cheung and Tam Kan were jointly charged with aiding and abetting. All were discharged for lack of evidence.
Mr. A. S. K. Lau, was for! At this stage, Mr. Hugh-Jones first defendant, while Mr. G. S. Interposed and told his Worship the he would strongly object to any. represented Hugh-Jones
thing that this witness might say relative to the second and third: defendents to which the Court agreed.
second and third defendants. D.I. Fung Fu Cheong was for the prosecution.
One Witness
Di. Fong said that at about] 6.30 p.m. on June 23, Tam Chan visited Central police station and reported that having placed a
Witness said that first defen, sket on the ground for a few moments, it had disappeared. dent told him that the balance of In the basket, he said, there the manoy was with second and were $2,260 in Hong Kong cut-third defendants. » rency and CN$50,000.
The magistrate, at this point, When questioned, he admitted After continued questioning, stopped the witness, and asked having stolen various articles he finally broke down and ad- the prosecuting officer if he had from cars and gave the police mitted that the money was in any further ovidence boaldo this Assistance in the recovering of On Lan Street and took the witness. some of the articles.
The police did not charge the ownor of the marine store from whose shop the property was. recovered as he was prepared to surrender all the articles calm ed.
The magistrato warned him to bo more careful from-whom ho made purchases in future.
POP
ALWAYS. HAND, FAR TOO [MMANY SDCONOS
HELPING!
police to second and third dofen- D.I. Fong replied that he bad dants. On the promises was no further evidence and could found all the money, less $200. not proceed with the caso,
Detective C114 Taul Kwok Mr. d'Almada then discharg Hung said, in evidence, that ho ed all the defendants. was detailed to investigate the He Interrogated first de. fendant who eventually admitted that he had spent $200 of the money.
сале.
On the applichtion of Mr. Hugh-Jones, Mr. d'Almada' or- dered the money detained by the police to be returned to party from whom it came.**
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