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THE CHINA MAIL, WED NESDAY,, MARCH 10, 1948,
PROTECT PUBLIC
CLAIM FOR RECOVERY MAGISTRATES' DUTY TO OF HONG KONG CARGO
Goods Seized By TRICK RIDER Chinese Customs FINED
Hearing of an action (for recovery of goods, or,
alternatively, $20,881) in which the defence allege that smuggling was the real object of a contract for the transport of goods from Hong Kong to Swatow, was resumed yesterday before Mr. Justice T. J. Gould (Pulsne. Judge), The Kai Cheong Firm of 55 Connaught Road West, Merchants, are the plaintiffs and are repre- sented by Mr. B, A. Bernacchi instructed by Mr. J. M. d'Almada Remedios. Mr. Charles Loseby, instructed by Mr. A. S. C. Comber of Messrs. Hastings & Co., is appearing for the Chuen Hing Firm, 4, Queen's Street, first de- fendants. The Tung Wan Navigation Com- pany, named as second defendants, were not represented,
The plaintiffs claimed the rejf turn of 40 packages of pigskin offered weighing 70.05 piculs, and 17 packages of rubber shoes, con- taining 171 dozen, eatrunted by them to the defendants in Jan. 1947, for delivery to the plain tiff's nominees, Kwong Yu and Chip Lee Fung of 61 Chan Pong
PERSONAL ATTENTION
by the
BONGKONG & SHANGHAI
BANK
HONGKONG (TRUSTEE) LTD.
the Trustee Company of the Hongkong and Shanghai Banking Corporation Hongkong.
SPALDING
TENNIS RACKETS
THE CHOICE OF CHAMPIONS
KROFLITE: BUDGE .DE LUXE : DRAGON
TOPFLITE GOLD STAR
CONSULT YOUR SPORTS DEALER
and sea-slugs to first defendants for transportation to Swatow, Three days after the junk carry. ing the goods left Hong Kong he learnt that the goods had boon scized by the Chinoso Customs. He went and asked Koo. Kop said it was untrue, and that his man would be Hing going to the Sha Mun. Cuntom
to pay the necessary duties through the proper channels,
A few days later. he again went to
200 Koo, who enld: "Rent your anxiety, I am ren-
Caught riding with his hands off the handle bars, of a, bleycle, carpenter Leg Hung appeared before Mr. Blair-Kerr at the Kowloon Magistracy yesterday 011 an Additional charge of offering a 110 bribo to the constable, who arrested him.
Despite his denial, Lee Hung was convicted and fined $205.
Defendant allegedly offered the bribe when he was stopped in Chatham Road on Feb. 18. The constabio took the number
An appeal by Mak Pang, accountant,' against the severity of serbonce passed on him by. Mr. J. G., Conklin at Central Magistracy on Jan. 26, was dismissed yesterday by Mr. Justice Wil- liams. (Chlef Justice), who said that Magis- trates had a duty to the public to see that persons placed in positions of trust did not abuse that trust.
Mak, who had pleaded guilty? Replying, Mr. Lonsdale said to charges of fraudulent ember, that the cab was certainly zlement of $3,100 and of will curious, as the sentences had fully misleading a Polico Officer] been made concurrent. As for by reporting that the money as he knew, the no had not was stolen, was sentenced by been paid. He could not see the Mr. Conklin to six months' im basis on which Mr. Wright's prisonment with hard labour on contentions, had been, made. The the first charge and a fine of facts enumerated before the $260, or six months' imprison- Court, were recounted to the of the banknote and handed Itment with hard labour on the Magistrate and contained in the back to defondant before escort- second charge, the sentences record. Mr., Lonsdale 'said, that), ing him to the Hung Hom to run concurrently.
the circumstances were neither: Polico Station.
Mr. D.A.L. Wright, Instructed | unusual nor compelling. At the Hung Hom Pollen by Mr. M.A. da Silva, appeared It was the hope of gain which Station, the constable asked for Mak
was so customary in offences which made Mr. Wright said that no ong of embezzlement defendant for the $10-note and placed it on a desk. The In would normally attempt to the offence one of serious na. Pector was not present at the minimise the offence of ember-ture. The Magistrate, in, passing an hour zlement, but in this particular sentence, had undoubtedly look- time but returned later, when the constable made case there were extenuating cited into the circumstances of the the charges,
cumstances of an unusual and case and also took into account compelling naturo, circum;; the frequency of such happen- stances to which, the Magistrate ings in the Colony. tion when awarding sentence never gave sufficient considéra Duty To Public These circumstances, would have could not be said that the tak
Mr. Lonsdale said, that it Justined his taking a mere ing of the firm's money by ap lonient view of the case. The appellant was a
young pellgat was a temporary bor- rowing. There was always the IAN of 22 years, who camd from a very respectable family possibility that the capital
would be lost -the amount paid to the do! Piksha also,said the same thing!
and who wae married only a fendants for their charges for Ma said that he finally learnt
Dismissing the appeal, Mr. month before the commisslori Booking a room delivery of the pigskin and rubij thaj, the goods had definitely
and enter of the offence. He held the zes Justice Williams said, that he ber shoos to the firma at been seized. He saw Koo and taining friends at the Kumponsible position of Chief Ac was being asked to say that the Swntow
Ng, who, undertook to recover Ling Restaurant on Sunday to countant and Shroff in the Fuk sentence by the Magistrate Alternatively, the plaintiffs the goods, and to carry them to a meal cesting $290.75 caused Tung Hong. He was steady and was manifestly excessive claimed the sum of $20,881, the¦ Swatow.
Yeung Mong Chay. 40 to be reliable, and had never been in view of what Counsel for ap- booked on a charge of obtaining trouble before, The fact that pellant has described RG UN- value of the goods and charges, Cross-examined; Ma said that credit by fraud. He was given he had been promoted to Chief usual and compelling circum-
It was further alleged by he was not aware what types four months by plaintiffs
Mr. J. G. Accountant and Shroff in the stances. Such a plen had been. that defendants at of goods were prohibited entry Conklin at Central, yesterday Fuk Tung Hong within, a. year/put up in innumerable cases of tempted to smuggle the goods into China. He was never told when he admitted the offence. without the consent of the that the goods which had been After the men, Young rehin ability and of the fact that of joining was in itself proof of plaintifle and contrary to their consigned by him were on the quasted the management to the firm trusted him. agreement to pay Customs prohibited lint. It was the duty send an assistant with him to dutien and carry uut other formalitica:
Street
and 90 Wing
Street, Swatow,
Plaintiffe, who alleged that dofendants, by their negligence, failed to deliver either the pig akin or the rubber shoes, also
Defendant claimed that when he was arrested, the constable told him that he would be fined $10 for riding with his hands off the handle bars. He dented giving the constable anything.
Restaurant
claimed the return of $2.862.00 ponsible for everything." NE Defrauded
sums,. amounting to
$2,862.00, were paid to them in.
Not. Lying
WnB
Opium Case
With a previous conviction for
embezzlement,
In
and
not only as between employer The Magistrates had a duty,
and employee, but also a. duty of the shipping company to as collect the money. On their Intended To Repay
to the public in general, and certain which goods were pro-arrival at the Nom Ping Hotel, Unfortunately he was in that was the duty to son that hibited entry into China. Ma Yeung frankly admitted that duced by two friends to embark persons placed in positions, of A Denial
donied that he "worked in with" he had no money,
on a speculative venture conrust did not abune that trust. First, defendants denied that plaintiffs and the Ming Lea
Defendant told the court that, nected with the purchase of cer. He therefore upheld the doct- the plaintiffs entrusted them, Firm in connection
with this he thought his friends would thin goods. Appellant had ad-rien of the Magistrate, Sentence with the goods. They admitted matter. He had never been to have the money to pay. Не that plaintifs paid them n. the Customs Office at Kowloon had no intention of doing what mitted that he took some of the to run, as from date of con-
firm's money and invested it inviction cheque for $2,216.00 and $647 to look at the list of prohibited he had done..
this scheme. The speculation | in cash, but denied that the Imports into China. Ho relied
ended. in. disaster. because the
Charged with demanding with cheque was given or the $647 entirely on the shipping com
two friends absconded aftor menaces the sum of $20.000 was the purpose alleged. The pany.
having sold the goods.. and, he zon one. Chung Kal on Morch two.
6, Ngal Wan-Bang (28) was left in the unhappy and alarming.position of being un Chung Kwal (21), brick-makers the first instance as atake.
living in the "Wing Cheong Tha, money which he paid to keeping an oplum. divan, and, for j able to replace the money. olders only, the terms and the first defondants Londitions being that they one lump sum, which includ-
the possession of prepared, opium, He was, undoubtedly quilty of Building Contractor's matshed should pay it over, to the Tunged freight. duty and other.ng Chong (42), was fined the offence of embezzlement, but at Fa Yuen Street, were, on the or six weeks hard labour, he never, had the criminal in application of Det. Sub-Inspec Wan Navigation Co.. As and charges, So long
he by Mr. W. H. Latimer at Kow-tent of permanently depriving tor C. Dowman, remanded for when instructed by the plain- could make a profit, ho did not loon yesterday on the charge of the, Arm of the money. He fully three days in custody by Mr. GILMAN & CO., LTD. | tiffs or upon completion of the care how much he paid. He possession of
ninema Pot intended to pay the money back W. A. Blair-Kerr at Kowloon terms-of-the-contract-made-be-never gaya any thought as to a mace). of prepared within a few days on the suc yesterday... 4A Des Voeux Road. Hongkong | tween the plaintiffs and the how much of the lump sum paid opium and an opium lamp.
Inspector J Orem said that cessful conclusion of the van- Tung Wan Navigation Co., to to frat defendants would go to when Dot. Sub-Inspector C... turo. It was, a' temporary · bor- which the first defendante were wards the Chinese Customs. Askew raided 18 Halphong Road, rowing, as far as appellant was not; a party.
Ma denfed, that he was telling second floor; at 8.20 pm, enconcerned. Up to the date of the First defendants claimed lies.to the Court. He also denied March 8 he found the
oplum that upon instructions of the that all negotiations were car-
:offence, appellant's... character lamp. still alight..... Tung Wan Navigation Co., the Navigation. Company and main-the evidence of the lighted lamp. not of the criminal type.
The Police suspected that the had been blameless, and un- plaintiffs they paid over to the ried on with the Tung Wan opium pipe, which, according to blemished. He was definitely
sum of $647 entrusted to them tuined that he dealt only with must have been in use. before
Appellant's employers were in cash. They further claimed frat defendants. He never had the arrival of the Police might not, disposed to take a serious
have been thrown out of the that on or about Jan. 11, 1947, any dealings with a person who window and picked up by some-view of the lapas and were quite the cheque for $2,216 was dis described himself as the one in the street. honoured by the plaintiffs, bank-manager of the Tung Wan ers and that the plaintiffs had Navigation Company.
Distributors:-
CHINESE ART GLLERY
Dealer of
CHINESE ANTIQUES PORCELAIN, PAINTINGS Wholesale & Retail,
Opening Hours: Dally from 10 am to 6 p.m. (Except Sundays)
· THE BANK OF CANTON ELDG, (1st Floor)
Mr. NG CHIK PAK REAR MORRISON & CO.
UNDERTAKERS Granite Marble Works & Monumental Masora.
My Head Office: 46. Morrison Hill Rd.: Happy Valley Tal.34862 559-561: Mathan, Road, KowloonTHE 66025
RIP KIRBY
N.T. ARMS CASE
prepared and; even eager to re-einploy him and to give him. an opportunity to reden him- self: At the hearing before the Magistrate, the Assistant;
not paid the sum of $2,215.00 He never told anyone that he For any part of it.
had smuggling deal which he First defendants further wished to put through, nor did claimed that if the plaintife did he say that he wanted some pis man, and two alleged emugglers dénce of character and stated A farmer, an unemployed Manager of the firm gave evi- contract with them as alleged, skin and, sea, sluga smuggled appeared; beface, Mr. W. Hthat he was sufficiently satisfied auch contract was contrary to into Chins.
on Feb 27
348. to appellant's probity, and pubile policy and illegal. They He did not know that the Latimor at Kowloon yesterday dependability and was prepared alleged that the contract was a geods were to be carried by the transfer from the Talpo smuggling contract directed toral On Ho did not insist Court, charged with possession to overlook the lapse. wards the import of goods from on the goods being carried by 30. rounds of ammunition at 90 of two automatic platola, and Hong Kong to China without the Tal On." There was Lin Ms Hang Village,, Takuling, licence or authority and against neomsity for him to do this. He the law of the Hong Kong Gov-only knew that the goods were
On the application of Det China
when first defendants informod
Yuen-(2-3), described as a bim, about the, matter.
smuggler, Lal Kundin (22). “Finally, if plaintifa contract-];}. In reply to another question, ed with firat defendants as albe said that he did not know farmen Chan. Kun-ying... (22) leged the latter had done that the Tai Ch" was a well- unmployed, and Yip. Lu (19) everything that was possible koown vessel used under the contract and, they ling were in no way in default. The He took no steps to have goods were wedged by the Chin goods roenverad from the Chin- ene Etels Authorities, and held one Customs, it was the duty
plaintiffs, and first de of Ant
ernment and the Government of being carried by the Tal OnSub-Inspector W. J. Wall Yin witness. In addition, the money!
Salzed
Kwal Kw of the Hol duties on hip: Firm, - depo to having t ruated #dvant15, af
several', firma
IT'E ABOUT LITTLE SHAMSTE
THE IMP
for smug
alleged
manded custody.
for, were re- daya in
His,,to, do, this. "Iegedly, entrusted
to pay all defendants, fat-
Bwatów hind? bearing was adjourned:
today,
bad
ESVE OF THA
Curious Case available to give evidence, if the The Managing Partner was Court desired to call him as a hadi been, repalil and if evidence was wanted to this point, itji could also be furnished. There was no question of extravagant living on the part of the ap pollant, who had not benefitti himself to the Extent of gisingto Fraht as a Fèsult of the Bffence.
Mr.Wright submitted thất). the sentence was excessively "severe" and "contandad" that":
"make" a-T
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