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THE CHINA MAIL, WEDNESDAY, OCTOBER: 13, 1948. --
IMPORTANT LOCAL APPEAL DISMISSED
An appeal, which was described by Mr. M, A. da Silva to be of considerablo importance to many
local organisations and bodies, was dismissed Correspondence
by Mr. Justice Gould (Puisno Judge), at the Supreme Court yesterday.
The appeal was by Mak' Yiu-chuen, Chairman of the Dockyard Chinese Workers Association, who was convicted by Mr. Hin-shing Lo, police magistrate, on a charge of having in his pas- session o printing apparatus without a licence from the Commissioner of Police, On convic- tion, Mak was cautioned. The appeal was based on the grounds that the magistrate was wrong in law. in that the alleged printing press, which was found in Mak's possession at 178, Lockhart Road, 2nd floor, on April 30, 1948, was not within the definition con- and tained in the Printers Publishers Ordinance.
It was further alleged that the conviction was against the weight
prosecution.
minianus caret lex" this was em bodied in the Magistrate's decl sion and the Court would not interfere with his discretion,
9 Months Gaol For Larceny
of the evidence adduced by the The loss of a wallet contain-
Mr. M. A. da Silva represented ing $47, a Chinese passport, Mak, while Mr. A. Heenan re-and United States Army is presented the Crown,
charge papera, resulted in Chan Yiu-kuen. a young lad of 18 being brought before Mr. F. X. d'Almada at Central yesterday charged with larceny from my persun.
the Chairman
Sailor's Reply
Sir would like to reply to Mr. John Ward's article published In the China Mail of October 8th re prostitution in Hong Kong om Kowloon,
Inquest Into Death Of Attendant In Peiho Theatre Fire
There were approximately 1,500 people in the theatre of the time the fire broke out at 9,15 p.m. on September 23, testified Siu Wai-yin, licences of the Paiho Theatre, at the Coron- ́or's inquest yesterday,
to be well Mr. Ward Reema
The inquiry, conducted by aware of the carryings on of these prostitutes and at the same time Mr. W. H. Latimer and a jury is willing to subinit his plan, of two women and a man, was with the help of the, "Women into the death of 23-year-old of the Colony") to check, if not to theatre attendent Chan Shing- stop, these immoral girls from ip, one of the four who died plying their trade. Mr. Ward also
Fors
far
ns.to ay that the as the result of injuries re- Soldiers and Batom threw these ceived., Detective-Inspector C. appeared for the girl in the gutter and, according Dowman le in, ere likely to keep them police. there.
I am not aware of the plan
but us c ng at the moment, probably knows, during the war were organized e pecially, there
where 'n bruthels
Serviceman could attend to satisfy his sexual desiree if he wished to do so.
Mr. Ward also goes on to say that the Polles can't do anything about it. That, I think, is up the Police to decide. Admittedly they have to a great extent driven these girls from the streets; and uni sure that a great many of your renders will agree with me, when I say that it is utterly imposible to wipe out entirely this organized
Mr. Silva said that Mak Yu- ebten was at all material times of the Dockyard Chineer Workers Association. In this expacity, he had found necessary to reproduce. from time to time, circulars for In- formation of members
if the the case, said he was buying a prostitution existing in the Colony Association. For this purpose, Chinese chess board was used.
Considerable Publicity
ร
Defendant pleaded not guilly, Chol Kisum,
In: conpininaul
ticket the
Vehicular Ferry whart with defendant just ahead of him.
Ind one eines
After evidence had been given by Slu Wai-yin allas Bartholo- mew V.. Shaw, son of the owner
the building
10 of
theatre,
Conspiracy Case Evidence
Further evidence it the con-
and the spiracy charge against 13 In- cencee
spectors and one conductor of Coroner adjourned the Inquest Su the Hong Kong Tramway this afternoon.
given before Dr. K.K. Tsang of the Kowloon Company was Hospital lestified to having ad- Mr. F. X. d'Almada at Cen- mitted Chan Shing-in. Yu Tam, trai yesterday. Cheung Sang-ng and Tsang Cho in hospital on the night of Sep- tember 23. They were all in a condition and died very serious
on the following day.
Chan Ying-fong. 28-year-old slater of Chan Shing-ip, sald that he told her afterwards that although he saw the fire au proaching him he was unable to escape. "I had to walt there to ke burned," he was alleged to have told her.
PC Cheung Cheong said that he
The Fuk Wah Street end of the coming out from the basement al "New for the Servicenon, (wherson running out of the theatre. theatre but could not see any
Mr. A.J. Clifford instructed by Mr. P.AL, Vine was for the pro-
eelion, Mr. Marcus'da Silva end: Mr. PC. Woo for the defendants and Inspector V. Morrison for the Police.
The defendants are: Cheung Yip Wing-enDE, Arlbur Song,
Anthony Cheng Choy, Lau, Cheng, Ng Sun-wing. Li Cho-yau, Ng Ping-kuen, Henry Chan Wong Hel-ching. Lam Slu-yung,
Kal-ming, Wong Sun-lee and Kan Hip-yuen.
at the present line.
From what I have seen of the Colony's Police Force I think Defendant with his felt hand is a very efficiently run organisa- Mr. Silva said that considera dived into his left hand trousera) tion, clamping down, not only on le publicly had been given to packet and extracted his wallet vire rackets, but also dealing with heard loud explosiona, saw firé Yug Tre-chlu, Ma To-ming, Chu the Association some time before and before he could lay hands the thousand by n of its having set a
day or night. petition 1. the Home Authorities, it was passed to another which are comaltted during the
the person who then dished away. Intrenchment again!
He did the only thing possible Dockyard, which would result 200
and arrested defendant and held thousands of workers
ol WOTK
being
en to him until he found a con- thrown out of employment.
On the day before Labour Day, the Association comme under the notice of the police. A viel was paid to the Association's premises by Inspector Duvies, who found The chess board, which was pro- duced in Court,
stable.
rather from Mr. Ward.) pat these girls where they are in the flest place.
#11)
Al lefendants are charged together with to chent others not in custody 10 telephone back et to de blew his police, whistle, and with conspiring
and defraud the Tramway Com- Shamshuipo Police Station.
of monies collected from pany passengers between September 1, 1047 ond May 1, 1948.
Man Ki, usher of the theatre, stated that when he saw the are inmediately
opened the exist
Cross-examinied by Mr. Silva,
door, but there was no sign On Mr. Bennett said that since the
my fire in the auditorium.
To my mind there are two Defendant in evidence sali It was Impossible for han while in classer of people today.
A. The European population front of complainant to be able to plek his pleket; and swore that who can afford be better class coming out of the back exit, he entertainment, Le, the best Hotels, he was not the man.
Convicting him, Mr. d'Almada Clubs ur Dance halls.
B. The Servicemen and below cald that it was not so much that Inspector Davirs took Mak to
the money was lost but the pass who, if they want to have a drink no option, apar. the Police Stollon, where he was port and the other documents ashore, have charged and allowed ball in the which could not be easily
refram the China Fleet Club or the ro called CJ.C. lo visit these sum of $1,000, Mak was sub-placed.
nd rate dance halls or honky sequently brought before the trial Defendant Was sentenced 10
who magistrate,
registered nine months' hart labour and re- teiks, which Mr. Ward mentions caution and administered a cou-} commended for banishment, tion. The present appeal
Was
not
Loiterer Has Term Reduced
pening the door, he saw Are arrest of the Inspectors, a num coming out from 103 Fuk Wah ber of conductors had been caught Street and, on returning to the "squeezing and were dismissed.
screen theatre, saw the thentre
He denied that whenever a dis- burst into flames.
pute arose betweca on' inspector and a cundueter, he would always take the side of the conductor.
He also denied that he had ever asked conductors, whether or not they had joined the Club.
Chock Mado
inspectors'
Audiertce Panicked in his article.
To say that these prostitute
The #udience Immediately were put there by the Soldierr
Think, gros panicked, and there was a wild and Sailors is 1
scramble for the
exists. The over-statement by our complain,
manager entered the auditorium ont, who expect, enn alford thi
oon after and, together with the pleasures at first rate entertain-
fokis, turned the fire hoses on to ment, In one form or another.
He admitted that when a check The Allied Forces didn't ask to die Hames. They had the fire nut before the arrival of the Fire serve their time in the Colony, buj
was made by European mobile said. p.m., he under existing circumstances are Brigade at 9.22
Siu Wai-yin said that he rented inspectors and any discrepancies from his father at fcund, & Chinese inspector would Lee Ping, aged 34, who was out for a good time while they
be left behind in the ear con- sentenced to two and a half are here, (Can you blame the u? the theatre
No Sir. I do not agree with €3,500 a month. He had nothing cerned while the passengers were i years hard labour by Mr. the rate of prostitution here at whatsoever to do with the other being brought to the company's Wicks at Kowloon on Monday, the moment
purts of the building which were
mce.
Reference was then made by
Sa to a certain Mr.
letter,
let out to one Wong San-po, lfe, witness, was only concerned with
he stage, the back stage, and the which, when shown to witness
letter before.
against that conviction.
Mr. Bilva then
quoted number of legal authorities on the Rules of interpretation and ware that typewriters maid possessed and used by the hun- and drede and the thousands also came within the meaning of "apparatus for reproducing words." It was unreasonable and Improbable, sald Mr. Silva, that the legislature Intended to restrict the commercial life of
and I can honesti the Colony by specifying that was brought before the same way that I with Mr. Ward every typewriters should be subject to magistrate yesterday and had success in his effort to obliterate licensing by the Commissioner his sentence reduced by one once and for all this vier and
#uditorium. of Police.
prostitution which is at present After dealing with the gram-year,
Witness declared that he had admitted that he had seen that Defendant whs arrested at in the Colony. matical --- - construction... of the re- Cumberland-Road, near the Rail--But 5, 1. am very much afraid no idea whatever how the Aruliette
arted. The first thing he knew their daily averages of each fram The cfts and Inkings_with lovant section of the Ordinance, way lines, on the afternoon of he has a much bigger job on hi
Silva quoted Sir Walter Scott, October 2 and,
about it was when he saw James nt the police hands than he thinks for.
car for period of n year was who said: "The Court is
station, was booked on the charge Let us see what Mr. Ward and coming out of the staircase win- bound to a strictness at ace of loluring with intent to com- his "Women of the Colony to dow between 103 Fuk, Wah Street, gong into and witness agreed to harsh and pedantic In the ap mit u crime.
gether, really can do,
and the theatre. He immediately produce the correct figures at the pileation of statutes. Tho inw
went into the theatre and, with next caring. JUST A SERVING SAILOR
Further hearing was then ad- Investigations revealed that hel
his
fakis, played the fire hoses on fourned to 2.30 p.m. on October Gractises the qualification implied was responsible for the burglary
the flames. "de in the ancient maxim:
Ferry Advocated at High Tide, Island Road, when
14. In reply to the Coroner, wit- minimus non 'carat lex." (The law Mr. K. Watson, of Gainsborough
Sir-with reference 10 the
cess said that there was a safety does not concern itself with Studio, lost his radio on June 17 article in your paper on negotin curtain on the stuge but noborly (rifles).
last.
tlons between The Yaumati Ferry could get to the switch when the Replying, Mr. Heenan sald that
Accused admitted the offence Company and Cheung Chau Re-screen was on fire. None of his under the Ordinance, the Com- according to Sub-Inspector Bodic, aldents Association 13 catablish
employees were killed in the fire," missioner of Police and power to and told the police that he forced direct service to the Island: may
he said. allow any person to keep a print- a window at the rear of the ing press at any specified address, house, When he was chased by it be suggested that the pristrict Omeer South spare no effort in Rool Issue
Mr. Watson, who was awakened
A direct feu Servien be The real issue in this appeal by the noise, defendant left be-bringing negotiations to successful Cheung Chuu and Hong was what amounted to a printing (hind the cigarette case he user to uish. The tween keep the window ajar. press.
It was the Crown's case
finger prints on this case were Kong will open this aloud as that the wording and definition
found to be identical with those potential residence area thus helps given in the Ordinance was clear
ing to relieve house shortage while and unambiguous and not gus- found on the door handle.
Lee was also recommended for on the other hand 2 hours trip in ceptible to two meanings.
of time. in any case a waste banishment.
Again introduction of monthly
After referring to the section of the Ordinance which he main- tained excluded typewriters from
VERDICT OF DEATH BY HANGING
Driving Licence Suspended
Humphrey Cecil Dodwel leket at reduced rates may help Knight, aged 38, nierchant
smooth
out differences of
Hoping again that direct terry service be inaugurated as soon as possible.
INTERESTED.
opinion as to the proposed fares residing at 185 The Peak, who
came before Mr.
X for direct service.
d'Almada at Central on Mon day, charged with various counts of driving while under the influence of drink, dan- gerous driving and driving without due care and caution, was then fined $450.
The maglatrate deferred the question of suspension of hi licence for 24 hours.
the operation of the Ordinance, Mr. Heenan said that the Crown did not admit any ambiguity in
A verdlet of death by judicial the definition of "printing press."hanging was returned by the jury If was possible to have a printing at the inquest over the death of press without a machine just as Leung Ngau, aged 24 and Leung it was possible to have a machine Wing, aged 24. both sentenced to alone.
death
by hanging on May 7 for
Mr. A. R. Ingram, General In asking that the appeal be murder.
Secretary of the European YMCA, dismissed, Mr. Heenan referred After formal evidence had been will address the Y's Men's Club to Regulation No. 1 and said that given by the officers concerned of Hong Kong tomorrow at the us no effort was made in the the above verdict was delivered to Root Garden, Hong Kong Hotel. course of the, procedings before | which the Coroner Mr. F. X. The luncheon will start at 12,45 the Magistrate to show or prove a'Almada concurred.
that the apparatus was exempt,
the appellant could not claim to
do so on appeal.
"Dismissing" "the appeal, Mr. Justice Gould said that the whole basis of the appellant's argument was based on the absurdity which would result from the definition of "printing press" in the Ori dinance. He said that the ab-
D.m.
Stricter Control Over Ice
Ice Cream
surdity was removed by virtue The Hawkers Ordinance was amended yesterday to
of Regulation No. 1. As
whether the Court would have held the present apparatus ar
provide strict control over vendors of ice cream
and froxon confections.
Kaight was again before Mr. d'Almada yesterday and when naked by the magistrato, whether he hind any good reasons why his driving licence should not be sus- pended for a year," kopiled" that ho had none,
MA
his 12
d'Almada ordered licence to be suspended for months and to be endorsed accordingly.
coming with the provisions of The amendments were pass Lapel cards will be incued 40 Yokohama. Regulation No. 1 it was not necessary to decide, as the pointed at an Urban Council meet-licence holders by
The American schooner, Lani-- kai 11, returned to Hong Kong yesterday after "salling 100 miles out, to rea on her voyage lo
the Urbani, The schooner oncountered Counch, todentify bona corough weather:", after leaving had not been taken, As to "de ing and are subject to approval vendors. Selling ice cream or Hong Kong and was forced to ro-
by the Legislative Council.
frozen confection will not
for minor repairm According to the amendments, allowed at any of
bothing
She is due to oume her trip licences for salliing ice cream and benches without the written per today, to Yokohama, frozen confections shall be issumă muasion of the Council; only to bona fide employees "pl| Tha amendments require IF ITS NEWS,Hochwod food factory.
-Heenco-holder to carry urrent The annual licence fee will be inoculation and vaccination certi: HK450. Every Tetried" will be ficates."" nadored by the Urbasi Cound) to The design of ice boxes or con- show the cistrict, where, the holder tainers (isos by a legnté holder
My trade.
W must be approved, of the Urban The Riconeq jaglder will bợi Castell, ice, gream, and frozen. allowed to sell onl the too creani confections must be sald, in their and: frosen-confections: manufac, original containers, harga p turered at the licenced food fac-12 The hourant tenulo boys been, tory by Which Bo
fixed lglycon & pan, and 10.
WE'LL PRINT. IT
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