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September 3, 1906.J
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CHINA OVERLAND TRADE REPORT.
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193
having seen a similar certificate, but such | Wilkinson and Grist) represented the defend- notices were the property of those on whom they were served, therefore it was not likely he would ever come across any.
Cross-examined-If witness were a property owner he should expect some sort of certificate from the inspector to show that the work was done. Sometimes witness directed the inspectors, and sometimes the inspectors suggested to him the houses to be examined. At the end of last plague season witness made np his mind to have the concrete oxamined in a very large number of houses in the Colony. He did not give directions as to the aothal manner in which floors should be opened up, but the inspector should open them if he had an authority. So far as witness knew it was not suggested that defendant did not open up the premises. Since the inquiry witness bad heard it suggested that the concrete in the houses in question had been improperly passed.
Except for these proceedings the doctor would say that defendant bore an excellent character.
Be-examined-Witness could not say whether he initiated the examination of the houses in question before defendant bad the forms made out. No notice and no warrant would be required to make a surface examination.
came the broker asking them to go to Lik Kee. They sent to him and told him the notices had been served (he was already sware of the fact that they were going to be served), and he would tell his Worship he went to see the defendant in his quarters, had a conversation with him, and asked him if he could not pass the floors for the Yuen Fat hong. Defendant said he would do it if he received $25 for each house; there were eleven houses altogether, Defendant arranged with Lik Kes to go and see the houses on the follow. ing day, and on November 6th, 1905, the Yuen Fat hong sent $250 to Lik Kee's shop. It was handed to Lik Kee, who would tell his Worship that he went with the inspector to see the inspec- tion made; that after it had been made he went with the inspector to his quarters with the notices which had been served, and that be asked the inspector to write on the notices a sort of certificate to the effect that the concreto had been examined and was good. Defendant wrote such a certificate on the two papers, and Lik Kee paid him$250, out of which he gave Yik $50 for his trouble, and returned the papers to the Yuen Fat hong where they remained until the present investigations com- menced. A similar notice was served on the Yuen Fat bong towards the end of December with respect to their godown, which was opposite the shop, and occupied 13 Boabam Strand West and 177 Winglok Street. The same sort of transaction was gone through. Defendant received $50 and returned $10 to
Lik Kee, who returned the papers to
the Yuan Fat hong. On April 25th
this year, the defendant in the course of his dalies had occasion to visit 177 Winglok Street again, and after this visit he reported to the secretary of the Sanitary Board that the concrete surface was broken, and advised that action should be taken to repair it. Last year, when this money was paid, the plague inspec. tors were entrusted with the duty of inspecting concrete, and getting it made good if necessary, but in April of this year. in consequence of & number of com- plaints made, the Board directed that in future Mr. Carter, sanitary surveyor, should take part of the concrete works. For this case in April the defendant's report passed through Mr. Carter, who i spected the ground surface of 177 Winglok Street. On his inspection the Board issued a notice to the owner to re- concrete the ground surface. Shortly after-be struck out of the evidence. wards, the Yuen Fat hong wrote into the secretary asking that they might be exempted from complying with the notice, and on subsequent inquiries being made they gave information about these payments and the present proceedings were instituted.
Dr. W. W. Pearse, Medical Officer of Health, said the defendant was a plague inspector, and last year he was in charge of districts 7 and 8. His quarters were at the disinfectant station, Taipingsban. In the autumn and winter last year witness gave the defendant an authority to examine the concrete of a great many houses. It was his duty b-fore inspecting a surface to obtain a written authority from witness or the secretary of the Board. The form produced addressed to Mr. Ko Pak-shun, of Nos. 3 and Queen's Road West, was signed by witness, who also signed similar forms for other houses. The notices were issued under bye-law No. 1 of the entry and inspection of buildings bye-laws. All the premises mentioned in the notices were in No. 8 health district. Having attained the necessary authority the defendant's next duty would be to serve the notice on the owner.
Then he might consult the owner regarding the time of inspection. After 48 hours elapse from the time of serving the notice it was the duty of the inspector to make an inspection by opening the ground surface and examining the concrete. If an inspector wished to examine a floor he could call an cutside coutractor to open it ap. Witness anderstood the sanitary depart ment paid expenses. There was no set of re- gulations controlling the examination of concrete in the department. If the concrete was good the hole should be filled up by the Board; if it was bad the inspector's next step would be to report to the Beard, and a notice would be forwarded uiring the coacete to be male good. The defendant had no authority to write such tificates as the one he put on the netiões p
ed. He did not remember ever
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Chang Yau-shak, declared, said he was chief accountant of the Yuen Fat bong, which firm occupied Nos. 8 and 10 Bonham Strand and Nos. 3 and 5 Queen's Road West, which houses communicated with each other. The front part of No. 3 Queen's Road West was sub-let. The Yuen Fat also used Nos. 30 Bonham Strand and 177 Winglok Street as a godowo. The Yuen Fat hoog had been established for nearly fifty years, and the present master was named Ko Kai-shus, who was also the owner of Nos. 136 to 148 Queen's Road West. Witness kept accounts for the master in respect of thes houses. If a payment was made in connection therewith he would enter it under the name Sing Kee, one of his master's names. He made a payment of $250 last year which was entered in his book. The money was paid on November 6th, so that the firm would not have to repair certain concreting.
Mr. Wilkinson objected to this statement, saying it was not evidence against his client unless it was payment made to his client.
Mr. Bowley agreed that the statement should
Witness, continuing, said the two notices (produced) were taken to him by a sanitary inspector two or three days before the money was paid. He received them personally but could not remember the inspector who gave them to him. The paper produced, which was given him by an interpreter, bore the name of Lik Kee, contractor Prior to this he had not heard of Lik Kee. Having consulted his master regarding notices, he seut a foki to Lik Kee, who sent a broker to see him. After that be gave $250, in Hongkong and Shanghai bank notes, to Kwok Wing-kin, the bill and rent collector of the Yuen Fat hong. Kwok took the money away. He remembered a sanitary inspector examining the floor of the hong after the money was paid, but could not identify defendant. Workmen attended with the inspector when he made the examination. Tiles were taken up, but no concrete. Witness subse- quently received a notice referring to 177 Wing Lok Street, and paid Kwok $50. It was paid on account of Sing Kee. An inspection was made of the house after he paid the money. He did not get a receipt for the $250. It was his custom to get receipts when he paid money, but in this case it couldn't be done. In addition to these (wo he did not make any other payment for the work of inspecting the floors.
Cross-examined-Witness was present when the inspector inspected the floors of the shop. He was in the accountant's room and saw the tiles being taken up. He did not object. Since he had been in the shop, about five years, the floor had always been in very good condition.
The case was adjourned.
The case in which Hubert J. W. Gidley, sanitary inspector, was charged on two counts with bribery, was resumed before Mr. H H J. Gompertz at the Police Court on August
Kwok Wing-kin was the next witness, He said he was the bill and rent collector of the Yuen Fat hong, and had been employed there for 32 years. He collected rents for Sing Kee, whose personal name was Ko Kai- shuu. Ko Kai-shan was the owner of Nos. 8 and 10 Bonham Strand West, and 5 Queen's Road West; 136 to 148 Queen' Road West, also No. 13 Bonham Strand West and 177 Winglok Street. Oa November 6th last year he made a payment of |·8250. The money was given him in the ac- oountant's 100m by the last witness, in bank notes. He took it to Lik Kes. A man surnamed Mok accompanied him. Lik Kee's was in East Street, Taipingshan, When witness arrived· there he saw the manager, Chak Hok-king, to whom he handed the money. Besides the money he had a notice which was served on his firm by the Sanitary Board. This he also handed to the manager. Witness asked for a receipt for the money, but Chak Hok-king refused to give
опе.
Cross-examined-He did not know Lik Kee before, neither had he heard of his business. He knew where to take the money by a small piece of paper. The Yuen Fat hong had always been in the same premises, and he had frequently witnessed repairs going on. About this time last year the premises were in a good state of repair. He had seen the concrete laid down, and saw that it was very good. When he paid the money to Lik Kee the manager of the shop and the man Mok, who took him there, were present. He had seen Mok before. When he called Lik Kee before the payment, Lik Kee sent Mok. On the day following his call of Lik Kee he went and paid the money. Mok was a rice and sugar broker, and had nothing to do with repairing houses. Lik Kee, did not tell witness he was going to send Mok to the Yuen Fat houg. Witness was not present when Mok called, but when he went to Lik Kee Mok, who was in the shop, asked to go with him. When he paid the money at Lik Kee's he left Mok behind, He was not told by his foki to ask for a receipt, but always endeavoured to get one when paying money. On this occasion he was told there was no necessity for a receipt as the paper was signed. Re-exmined-The paper which Lik Kee said was signed was one of the notices.
Mr. Bowley-I think you said there was a piece of paper bearing Chinese characters at-
tached to the notice?
Mr. Wilkinson-I object to the question. The man makes a statement entirely on hearsay. Your Worship cannot take that down. I would ask your Worship to strike it out. It is not evidence,
His Worship-I don't see how I can do that. Mr. Wil inson-The witness was not present when the paper was handed in, and he cannot give evidence as to where it came from.
Mr. Bowley (to witass) -Did you see the amall piece of paper to which you referred in cross-examination?
Mr. Wilkinson-I obj 'et to the question. His Worship allowed it, but mide a note of Mr. Wilkinson's objection.
Witness--Yes.
Continuing, witness said he saw the paper pasted on the wall of the accountant's room in the Yuen Fat hong. The first time he saw the man Chak was when he called on him in Novem- ber. He mat Mok, on the morning when he went to the Lik Kee, in his (witness) shop. He could not remember when the concrete and tiles in 10 Bonham Strand were taken up and relaid.
Chak Hok-king, declared, said he was a con- tractor and his shop name was Lik Koo.. Hə was born in Hongkong, and had been to school at Queen's College for four or five years. He first saw defendant at Queen's College, then Witness' father lost sight of him till last year, died about eleven or twelve years ago, then he took over the business.
Mr. Bowley-Where did you meet the defen- dant last year?
Mr. Wilkinson-I object to my friend I don't mind leading this witness in any way. some of them, but not this one.
Mr. Bowley-I am not leading him. The Mr. F. B. L. Bowley, Crown Solicitor, prose-witness said distinctly he saw him again last: onted, and Mr C. D, Wilkinson (of Messrs. ́year.
30th.