64
ORIMINAL PROCEDURE.
The COLONIAL SECRETARY moved the second reading of a Bill entitled an Ordinance to amend the Criminal Procedure Ordinance, 1899. He said-The object of this Bill is, I think, sufficiently well shown in the sections embodied therein. It provides for the immediate dis- charge from custody of a person committed for trial in cases where the Attorney. General declines to file an indiotment against hitn. It means that a man gets out of gaol sooner than under the present system in cases where there is no intention to take actual pro- cosdings against him in the Supreme Court.
THE COLONIAL TREASURER seconded, and the motion was agreed to.
The Council then went into Committee on the Bill and considered it olause by clause.
On the Council resuming,
The COLONIAL SECRETARY moved that the Bill be read a third time and passed.
The COLONIAL SECRETARY seconded, and the motion was agreed to.
SUPPLEMENTARY APPROPRIATION BILL.
The COLONIAL SECRETARY moved the second reading of the Bill entitled an Ordinance to authorise the Appropriation of a Supplementary Sum of Three hundred and thirty-one thousand six hundred and twenty-four Dollars and
forty-one Centa, to defray the Charges of
the Year 1903. He said-This is the usual
Supplementary Appropriation Bill, and any questions which may be asked in regard to any of the items will be answered in the Finance Committee in the usual course.
The COLONial Treasurer seconded, and the motion was agreed to.
The COLONIAL SECRETARY then moved that the Bill be referred to the Finance Committee.
The COLONIal TreasureR seconded, and the motion we agreed to.
The Council then weat into Finance Com- mittee (the Colonial Secretary taking the chair), and considered the Bill in detail, as follows:- Pensions
Governor and Legislature Treasury
Post Office
Registrar-General's Department
Harbour Master's Department
Judicial and Legal Departmenta
Land Court, New Territory
Magistracy.
Transport
Miscellaneous Services
Public Works Recurrent...
***
Ordinary Expenditure Public Works Extraordinary...
$26,303.08 1,158.95 1,244,79 26,362.27
1,921.21 3,108.51 2,116.47 1,041.51 706.30 11,848 84 32,922.63 92,777.98
.8201,512,54 130.111.87
Total Supplementary Votes..... 8331.624.41 The CHAIRMAN said-Gentlemen, I think to the best of my recollection the sum required on this occasion is very much smaller than it used to be in the old days. I think we might go through the items one by one, and any question in regard to them the Colonial Treasurer will be very pleased to answer.
All the items were passed without question. On the Council resuming, the COLONIAL Secretary, addressing His Excellency (wh had resumed the chair) said-Sir, I have honour to report that we have decided to recommend the passing of this Bill. I therefore beg to move that in the ordinary course we proceed to discuss the Bill in Committee of the Council.
The COLONIAL TREASURER seconded, and the motion was agreed to.
The Council then went into Committee and considered the Bill item by item.
On the Council #suming, The COLONIAL SECRETARY sid-Sir, if there is no objection, and as there has been no amendment to the Bill, I beg to move that it be read a third time and passed.
The COLONIAL TREASURER seconded, and the motion was agreed to.
The Council adjourned sine die.
THE HONGKONG WEEKLY PRESS AND
SUPREME COURT.
Monday, 18th July.
IN CHIMINAl JurisdictiON.
BEFORE HIS Honour Sir William M. GOODMAN (CHIEF JUSTICE),
THE CALENDAR.
There were down for trial six cases Implicat- attempted murder; there were also three charges ing, twelve persons. In one case the charge was of bribery, one of armed robbery, and one of robbery.
ROBBERY WITH VIOLENCE.
Lam King, Cheong Wing, and Chan Sui were charged with having on 10th June, at Mongkok, Laung Lau Lin and her daughter Li I Mui, and Kowloon, assaulted a married woman named stolen from them a quantity of jewellery and $16 odd in money.
They pleaded not guilty.
E. Bruce Shepherd, V. E. Kuster. A. Bryer, The following jury was empanelled:-Messrs.
F. Campbell. A. 8. D. Cousland, A. Bryson, G. Gittins, and
The Hon. Attorney-General. Sir Henry S. Berkeley (instructed by Mr. F. B. L. Bowley, Crown Solicitor), conducted the prosecution. robbery and assault took place about eleven In his opening statement he said that the o'clock in the forenoon in a house on the top floor of No. 71, Station Street, occupied by the woman and her daughter. While they were in the house they heard someone knocking at the door. The woman opened the door, whereupon the three prisoners came in, saying first of all that they were plumbers and had come to stop a leak. When they got inside the men seized the woman, struck her, bound and gagged her, and also bound the daughter. The robbers
[July 25, -1904,
place at midnight in the house of Lok Saka, farmer and the father of Lok Ping.
Both were in the house at this time, and also the son's wife, when a band of robbers attacked the house and robbed it. Having effected their purpose they made off. Lok Ping went in pursuit and managed to capture one man, the one who had pleaded guilty. This man lived in a matshed at Matanwel along with the four other prisoners. After his arrest he took the police to this mat- shed, about an hour's walk from the place where the robbery was committed, and No. 2 ing hiding outside. He was identified by the prisoner was found at three o'clock in the morn- farmer as being one of the robbers. He was seen to throw away a bundle which when picked up was found to contain part of the stolen property. The police waited in the matshed, and about half an hour later No. 8 walked in of the stolen property. About five o'clock No. and was arrested. On him was also found some 4 entered the matshed. He was arrested and identified by a witness as being one of the band of robbers. No. 5 was arrested two days later following day the police found in the matshed. at Samsuipo hiding underneath a shed. On the
a basket, with his name npon it, containing .some of the stolen goods.
The jury after hearing the evidence found the second and third prisoners guilty of armed robbery, the fourth not guilty and the fifth guilty of receiving.
His Lordship sentenced the first prisoner, Wong Yuk, who had pleaded guilty, to ave years' imprisonment with hard labour, with 24 strokes of the birch-rod, and imposed a similar sentence upon the second and third prisoners, Wong Lung and Chu San. The fourth was discharged. The fifth, Lui Ki, for receiving stolen property, was sentenced to two years' imprisonment with hard labour, and to receive 24 strokes with the birch.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR T. Sercombe SMITH (PUISNE JUDGE),
REPAIRING A LAUNCH.
then ransacked the house and went off with a lot of jewellery and some money, leaving the woman and her daughter lying on the floor. The question for the jury would be whether the prisoners were the three men who committed this orime. Leang San Lin swore positively to the first man. She identified him, and she was cor- The Kwong Fat sued Ma Yau Shi and another roborated by a carpenter who was working on the for the payment of the cost of repairing a steam first floor and saw him leaving the house about half launch. Mr. J. Hays, of Messrs. Johnson, past eleven o'clock, and there was the corrobora-Stokes and Master, solicitors, appeared for the tive evidence in addition of his being found in possession of some of the jewellery which the wo- man declared to have been stolen. The woman also identified the second man now, but at first she was not certain. The carpenter and another man saw him in company with No. 1 prisoner that morning. No. 3 prisoner the woman iden- tified, and the workmen saw him leaving the
house.
Leung San Lin in her evidence stated that when the robbers came in they seized and bound her, put a gag in her mouth, and struck her with a piece of firewood, and tied a piece of rope round her neck. She called out "Save life," and when
her daughter came into the room and shouted also the robbers knocked her down and bound and gagged her. Both mother and daughter were rendered unconscious and remained so for
some time. The robbers carried away about $100 worth of jewellery.
The daughter Lo Í Mui, a girl of 16, also gave evidence regarding the assault, but was unable to identify the prisoners as robbers.
After hearing further evidence the jury returned a verdict of guilty against all three prisoners.
His Lordship sentenced them each to five years' imprisonment with hard labour and to receive 24 strokes of the birch-rod.
ARMED ROBBERY.
Wong Yuk, Wong Lung, Chu San, Cheong Fat, and Lui Ki were brought up on a charge of having, on 11th June, at Matauwei, being armed with a revolver, assaulted one Lok and stolen from him a quantity of clothes; also with having, on 12th June, at Matauwei, received the stolen property.
β
The first prisoner, Wong Yuk, pleaded guilty, and the others not guilty. The following was the jury chosen-Messrs. G. Richardson, A. Rumjahn, Cheung Tin Yin, J. C. Logan, G. Gittins, J. M. de Graça and
A notification was published on July 8th stating that, there is a rook in Colombo Harbour near the shore, on the southward of the graving! dook, over which there is only ten feet of water. It is at present marked with a red | G. Sole. barrel buoy. Vessels making use of this portion The Attorney-General in opening the case of the harbour are warned accordingly.
for the Crown stated that this robbery took
plaintiffs, and Mr. P. W. Goldring, solicitor, of Mr. John Hastings's office, represented the defendants.
Mr. Hays put in a report by Mr. H. F. Carmichael, of Messrs. Carmichael and Clark, marine surveyors, and asked that judgment be deferred to allow another surveyor to be called in to make a farther report as to the award
that should be made.
His Lordship gave judgment for plaintiffs for $282.35 and costs up to the date of payment in; thereafter the defendants to have costs.
Tuesday, 19th July.
IN CRIMINAL JURISDICTION.
BEFORE HIS HONOUR T. SERCOMBE SMITH (PUISNE JUDGE.)
-
CHARGE OF BRIBERY,
Chan Chan was brought up on a charge of having on 14th June offered to Inspector R. G. MoEwen of the Sanitary Department a bribe of $25 with a view to induce him to omit reporting to his superior officers certain defects in the limewashing of certain houses in Belcher Street.
He pleaded not guilty, and was defended by Mr. M. W. Slade, barrister-at-law (instructed by Mr. Otto Kong Sing, solicitor).
The following jury was empanelled :--Messrs J. W. White (foreman), A. Bryer, A. Ritchie, H. Gittins, A. G. I. Somerville, R. Hamilton and Cheung Tin Yin.
The Hon. Attorney-General, Sir Henry 8. Berkeley (instructed by Mr. F. B. L. Bowley, Crown Solicitor), conducted the prosecution. In his opening statement he said that defendant was a building contractor and had a contract to limewash certain houses in Kennedytown. It was the duty of Inspector McEwen to inspect these houses, see that they were pro- perly done, and report on the work to the proper quarter; that was to say, if the work was not properly done he would have to report the
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