4
1
THE CHINA MAIL, THURSDAY, AUGUST 21, 1047.
KOWLOON EMERG. UNIT Eviction
APPEAL DISMISSED Appeal IN UPPER COURT FINDING Allowed
stiti al
M. A. Lonsdale, musisted by ASP Charles Mottram and DSI C. Dowman, appeared for the Crown.
these
TRAFFIC LOSSES STILL KEEP
AT HIGH LEVEL
Fifteen people were killed and twenty seriously Injured in traffle accidents occurring in Họng Kong and Kowloon in July.
The total number of accidents including persons injured and damage to vehicles only for the Comparatve figures for May
month was 485.
The Commissioner of Police in Mr. and June are as follows:— | still ́directing, vigorous action Fatal Serious Total against Public Hiro vehicles touting for hire, unnessary uso of horn, obstruction and excess-
June
10.
11
20. 25
The appellant, Ng Chiu Hop causes of accidenta wero Firm, was represented by Mr.to: Marcus A. da Silva.
110 470
An appeal before Mr. Justice T. J. Gould at the Supreme Court yesterday by An appeal against a seven members of the Kowloon Emergency Unit, against the conviction decision of a Tenancy registered against them by Mr. W. A. Blair-Kerr at the Kowloon Magis-Tribunal, ordering the tracy on May 8, was dismissed.
eviction of the appellant The unpeilanla, Chulam These soven
"As to this, I find, reading from the Ground Floor! boya, in pur
a whole, that of No. 3 Li Yuen Street, Ahmed, Mohamed Akbar, Antance of their admittedly ir-the Judgment an
AB, Mohamed Abdul regular conduct, planned this the Magistrate trentel
allowed by was Karim, Mansur Ali, Shek Adam raid In the evening at about matters is evidence of, the ad- and Ramon Lorin, were repre9 pm.
leged conspiracy and relied upon Justice T. J. Gould (Ad-| An they cloned in on the other evidence as stablishing ditional Judge) at the May sented by Mr. Mareas A. da Silva.
matshed, a look-out had up the extortion, demand and Supreme Court yester- An analysis for the figures of passengers. parent'y given warning and all menaces. As to the question of day. he gamblers, including the onus, the Magistrate merely chame to be leve the evidence of keeper, rushed out and made a beeling for Kilung Street. The prosecution as explaining The appellante, who
Having run Rome 60 to 75 the irregularities, in preference
The Hon. Mr. Leo d'Almada Foured guilty on charges of at-yards in chase, the E. U. boys to that of the defence. He was tempting to extort the sum of arrested some of them and were perfectly entitled to do so. (b), Castro, Instructed by Mr. Kun, appeared for the So from Mok Kuen at Nan tanking them to the Police Stn. Thint in spite of the contradic... Cong Street on Mar. 14, con- tion when a crowd gathered tory nature of the evidence by respondent, Yuen Shiu-wa. spiring to exfort and demand threatening'y and prevented the prosecution, the Magistrate/
chose to believe that a dernand jag with menners, the sum of them.
The E. U. bars, with the prl was made. This does not. Entich $20. from Mok Kurn, were res- petively sentenced to varying soners in custody and their upon direction or ontia but in to the wall, kept the mere's a question, of weight. forms of imprisonment, rang backs ing from 1 months to crowd off for some 15 minutes Upon this ground then, the np- monthu hard
Akbar while one of their number tele-peal faila. Inbauer. and Adam were additionally phoned Yuumat and obtained
of the found guilty of being in pos- the nasistance
Riot Hession of a knuckle-duster.
Squad.
were
In his opening. Mr. Silva mid that the appeal was based Cit two grounds. firstly, that the conviction was against the weight of evideyer, and second. -ly, that the Magistrate had mis directed himsef na the lawn to onus of proof in a criminal
£* ጎል * .
"Have A Case"
Mr. Silva submitted that this was very definitely a case where
At Yaumati Police Station, the E. U. boys gave a short re- sume of events.
There was no complaint in the early stages to C.S.J Lee that they had been extorting money and no confession by silence as alleged by the pro- secution.
Analysis
Mr. Silva proceeded to
a reasonable jury, applying the analyse the judgment and said princip'e laid down in the well-that it was completely out of
of Wooknington.keeping with the facts. known enge would not ronviet.
Mr. Silva submitted that the
The prosecution's case, suit | E. U boys had been rail-road. Mr. Silva, was as follows: Oned to cover a gambling racket Mar. 14. some time between 12 which was going on, day in and nuous and 1 pum. seyen E. U. day out, under police protection
Contradictions
The application for eviction was made under Article 5 (1) boste that the respondent had (a) of the Proclamation on the
ment from ane Leung Chiu who taken the promines by assign
wos, until tho relevant date, the monthly tenant, and that an stich assignment was in breach of the conditions of the tenaney, the appellant did not thereby he come a tenant of the respondent, that the evidence for the pro- The appellant, as the hearing secution contained a great sum-before the Tribuna', contended her of contradictions." The great that he had not taken
sapament but majorky of these are upon a
Jenant of Leung Chiu in respect of a portion of the premises.
"On the submission that the decision was against the weight f evidence, it cannot be denied
(Continued on Page 12)
WILH
July show that the principal The publle are carnestly re- duequested to co-operate in there measures by not using public (a) Fault of drivers 200. vehicles anywhere else but their allocated stands and to park their own private vehicles in the official car parka,
CARLS
(b) Jny Walking 146 cases
off (c) Jumping
moving vehicles 89 CARCA Action was taken by the Pollec Force in 1,008 traffic cases,
less driving, speeding. ranging from reckless and caro-
touting
RADIO
ZBW Hong Kong broadcasting gern and unnecessary for hire, carrying excess passen-on, a frequency of 845' llocycles of from 12.30 to 2.00 p.m., and 0.30 born.
to 13.00 p.m., anú also on 0,55 megacycles in the 31 metro band from 12.30 to 1.1, 7.30 to 8.30 And 9.15 to 11.00 pan. it.
The number of fatal aechlents has shown an increase in Hong Kong this month by one; making a total for July of Ave,
In Kowloon an increase in re- corded of two, making
a total nine. an as- The proportion of damage-only sub-accidenis is still high and inves- gation reveals that tho majority of these accidenta due carelessness and could be easily avolded if drivers would pay more attention to the court esy and safely rules of the road.
What Happened In The Courts
testab'es on a patrol vixirda is a most crowded thorough Watch-Repairer
particular district in Shamshni fare of Shanshuips. ps and raided a gambling den
Mr. Silva docinred that it a obra mutated in one of
no jury could conceivably ne the mrst erowded thorough-copt the evidence of the stur farer in Shamsinipo.
witness for the prosecution and In the course of the raid, the raid that if such evidence could amblers and escaped and the be accepted, then we had arriy F. L. countables werd, thered at a very dangerous stage in fore, noi ale to arrest any our administration uf the hely.
Criminal Law,
In conclusion, Mr. Silva said
it was the prosecution's cuse
Watch-Repairer Goes To Gaol
Stole Two Smoke Floats
Hawking Licences Suspended
are
12.30 pm.-Daily Programme Summary. 12.32 pm Jimmy Leach and His New
Organolfans,
12.47 p.m.--Kildegarde (Vocal).
1.00 ..News, Weather Report and
Announcements.
1.15 p.m.-Cring--Lævla Bulte. Op. 5. 1.10 p.m.-Orchestral Interlude. 1.30 p.m.-From the Bhows "Musical
Comedy".
2.00 p.m.-Close Down. 6.30 p.m.-Film Memories, w 7.00 p.m.-Georgs Doulanger
Orchestra.
and 11
7.15 p.m.-at Lorenzo at the Plan 7.80 p.-Studius Ia Demi-Jieuru Fratt.
CRÍAS.
$.00 .m-Londo Telay: World Nowa. 8.10 p.m-London Relay: Home New
from Britain, 8.15 p.m.-1
"Bing High, KIN'T Iw"-Vind Reclial by Celia Holy- man (Soprano) with Beltr. Drown at the Plano.
8.30 p.m-Studio: Reeced
9.11.
Revie A Rove of latest records received by ZUW. Presented by Nickl staine With reference to the recently | 200 p.m.-Ballet Misale, published report of the Commit-
Transcription
Bervlees "So This Is Marriage". fee un Hawking, the Urban 10.08 p.m.-London Irlays News, Council announces that it has; 10.10 p.m.Weather Report. Wong Chi. 20, Watchunker.
Pleading guilty to the theft been necessary to suspend the 10.11 p.m.--Sanks and Mate of the South, before Mr. F.X. d'Almada at of two distress smoke floats and Issue of further Itinerant leences 10.80 a.m.-Music for Dancing. Central yesterday, charged with a first aid outfit from the 5.5. for the time being until all the 19 pm-Close Down. receiving a watch, knowing it "Empire Labrador," Chan Wing current Beences have been ex- to have been stolen, was pen-Mo was reminded for 24 hours changed for either "Axod pitch" tenced to four months' hard by Mr. P.X. d'Almuda at Cen- or "pelar licences.
tral yesterday.
It is proposed to commence the 1.1. Fong told the court that
Defendant in October, 1945,
West, stole from his that it was for accused to prove father a wrist watch valued at their innocenco by explaining | $200. certain: Irregularities. In anitel The nd took the watch to of admitted discrepancies and defendunt who bought it for contradictions, the Magistrate 325.
labour.
ibal these E. 1 constables that the Magistrate bad ap- Leung Kam, of No. 72 Queen's i was working on board the S.S.change over to the new leences |
went there in order to extort money. Not being able to get hold of any particular person from whom money could be ex- torted, they planned and con- spired to make a further visit in the evening, again for the purposes of extortion.
AL about 9 p.m. the same evening, they called agala and de demand for a man of $30. According to some of the prosecution witnesses, a coun- ter offer was made of $10.
Breaking-Up
As the parties could not come to terms, the E. U. constables commenced. to break up the gambling paraphernalia. This uction roused the ire of the
gamblers and later on some of the Shumshuipo public, so much so that the Riot Van had to be / called out.
pacently adopted the attitude Road
was prepared to take the word Defendant pawned the watch of the prosecution witnesses for 580 and sold the pawn tick against the defence as to whe-ket for $10. ther or not A demand for money had been made.
**The Judge" Replying Mr. Lonsdale dealt first with the second ground of appeal and said that certain matters appearing in the judg meat of the Magistrate had not been brought to the attention of the Court,
certain
hc
Defendant declared he did not know the watch had been stolen. He bought it because it was offered to him.
He was a watch repairer and had no staff, and must carry on his businesA,
ARMED ROBBERY
pleaded
The Magistrate WER the Chan Nuen, .who judge of facts and the man who gulity to three charges of rubbery had watched the witnesses while and one charge of possession of they were being cross-examined. revolver, was yesterday sen. He could find no suggestion tenerd by Mr. Justice E. H. Wil. Continuing, Mr. Silva said on the record that the accepted Jisms (Pulsne Judge) to 12 years circum imprisonment with hard labour that the case for the defence evidence of was as follows;
stances and that as a result of and 24 strokes of the cane.
As he left the dock, Chen swore Seven F. U. boys, to a certain explanation by the occured,
at the Chinese detective who had extent young and irrcanonsible, would register a conviction. had their attention drawn to a Mr. Lonsdalo contended that, brought about his arrest.
Wong Hoi, who was charged gambling den carried on very whole the construction plan with Chan. Nuen and who was rending the judgment A openly in Shamshuipo. They
found guilty by a jury on charges had reason to believe it wan a on it by Mr. Silva was incor-
of robbery, receiving stolen pro- gambling den under the protec- rects,
perly and possession of a dagger, tion of certain polier connected There was no question of mis- was sentenced by Mr, Justice Wil lams to seven years' imprison. ment with hard labour and ten
with Shamshulpo Station.
direction and that the argu- These E. U. boys thereupon ments put forward by Mr. Silva sald to themselves: "We wili were untenable. have to observe the grentont
i possible secrecy if we want to catch the parties connected with the gambling and possibly ex- pose this racket in Shamshuf
Po."
Judgment
strokes of the cane.
Giving_judgment, Mr. Justice DECREE NISI Gould said;
next
at the beginning of the "Empire Labrador" and stole licensing season Lc. 1st October, the articles, the property of
1947, and notices will be pub- Williamson & Co.
lished shortly requesting · áll licensed Itinerant Hawkers to come forward for registration and allocation of alles.
The accidental setting off of one of the smoke floats in Des Voeux Road West on Tuesday resulted in the arrest.
KEPT BROTHEL S.C.A. prosecuted Leung
Inspector H.W. Fraser of the Kaut, married woman was charged with keeping a lodging house nt No. 76 Jaffe Road for prosti. tutes, and was fined $250.
An eviction order was issued by Mr. F. X, d'Almada.
The allocation of hawkers to the "fixed pitches" will be dealt with and deelded solely by the Urban Coutiell.
New by-laws, which includo a new scale of fees for all licences, are being drawn up and will be published shortly.
No feca nhould be paid to any other person or organisation in respect of allotment of any far- ticular hawker site or pitch. Inspector Fraser. told the The "xed pitch" hewkers court that a lady inspector of will be allowed an area of 4 x the S. C. A. received informa-3 each and this site must be tion regarding an unregistered | completely vacated and cleared ward at the address and on ar- each night by 10 p.m. 60 that rival. found three very young the area may be properly clean- girls who admitted they
The "pediar's" licence will en- prostitutes.
All the girls sald they hud | able a ́licengee to hawk from practiced prostitution for about door to door in a particular dis three months and out of their trict but will not entitle the carnings had to pay defendant holder to squat, expose for sale, thirly per cent. They intimated sell his wares, or obstruct the that they wished to be returned streets in any way. to their parenta.
were ed.
Denfendant, while admitting In a free-for-all outside the Red the offence, she was only a nald Lion Cafe, Hankow Road, at 8.40 servant and was looking after pm. last night, a White American the place in the absence of her seaman was badly beaten up y mistress, at present in Canton. about 20 Negro seamen of the
"General Gordon".
He had to be admitted to Kow- loon Hospital.
The men dispersed upon the arrival of the Emergency Squad under S.I. Cutler.
No arrests were made,
one
GAMBLER FINED Convicted of conducting A A Decree Nisi granted to Mre.gaming school on board the "This appeal was based. on Maria Socorro Botelho Al-Man To" two grounds: (1) That the ver
on Aug. 19, Chan vares ogelast Mr. Alfredo Victor Hung, 27, was sentenced to a dict was against the weight of Jose Alvares, was made Absolute fine of $400 (or Bix Fooliably, they wanted all the evidenco and
months' (2) that the yesterday by Mr. Justice T. J. hard labour), and recommended kudos to themselves and did Magistrate mindirected; himself Gould. not report the matter to In-in law. as to the onus of proof.
for banishment by Mr. W. I. of course, lost. Lá Sly, 21, lost The Petitioner, Mra, Alvares, Latimer at. Kowloon yesterday. three gold finger rings;. Li spector Clarke,
They believed that if such a appellants submit (a) That the Silva,
"As to the second of these, was represented by Mr. M. Á. đa
According to Detective Sub-Ping, 48-year-old. women, report was made, an order to Magistrate treated cortalu.
Inspector C. J. Askew, defen- gold ring; and Lam Fung, 15. carry out the rald would be evidence of Irregularities 45
dant was one of four men and year-old girl, ane gold ring, panked to them and this, would being of the essence of the mat-
ORDER ABSOLUTE two women running a crooked When the launch arrived at detract some of the credit they for and their failure to prove by Mr. Justice T. J. Gould yester Black, on board the "Man To." kew, Li Siu caught hold of as- An Order. Absolute was mada jeard game, known as Red and Hong Kong, continued DSI AG- expected for themselves,
the innocent nature of thean ir day, in respect of the Decree Nisi Detective
regularities to his satisfaction granted to Mrs. Lillian Florence induced to "try their luck" andl, In Chinese constable.
Three woman passengers were cused and had him arreated by. as ground for 'convletion. The Knight, nee Rose. aguinat Mr. puszagos rolled upon. occur.Enemma Leonard. Knight. mainly on page 69 of the judg Mr. M. A. da Silva appeared inent
Balfor the Puitioner, Mrs. Knight.
The name of the detective volved in the gambling, came out at the second hearing of the case before the Magistrate,
POP
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