Page
THE HONGKONG DAILY FRE18, SATURDAY, JANUARY 4TH 1918.
TELEGRAMS. THE POSSESSION OF COCAINE.
THROUGH REUTER'S AGENCY,} THE BALKAN WAR. STATEMENT BY THE BULGARIAN DELEGATE.
LONDON, January 3rd.
INTERESTING MAGISTERIAL DECISION.
At the Magistracy yesterday Mr. F. A. Hazeland gave an important written decision in u ́cuse in which & Chinese was charged with having been in possession Defendant of 1,000 ounces of cocaine. had been arrested whilst he was taking
year, effect was given to the two different words as expressing different. idens by holding that a house need not be "occu pied" for the purpose of acquiring a settlement.
That case does not go fur- ther than to decide that where the Legisla ture in the same sentence uses different words it is to be presumed that they wore used in order to express different ideas (See Judgment of Lord Tenterdon C. J.)
Mr. P. M. Hodgson, Assistant Crown regard to the very drastic provisions of
HONGKONG SHARE MARKET.
Messrs. Vernon & Smyth in their weekly share report dated 3rd January state:-
CHINA'S FINANCIAL
DIFFICULTIES,
The following items are taken from e- cent telegraphic despatches from Peking:
THE LOAN QUESTION.
M Daneff, the Bulgarian Delegate, delivery of the cocaine at Holt's godowns, I have always been of opinion, having strong. Sterling "Rubbers" show an allble to provide the balance of the first Solicitor, prosecuted, and Mr. Lewis, of the Ordinance, that with respect to the review, and the London market closes but he has definitely arranged to pay over
interviewed by Reuter, said-The position of affairs has not improved so much ne Bom imagined. We expect a new map of boundary respecting. Adrianople at to morrow's sitting. If we find to-morrow that the map does not Record with the terms of the Allies the negotiations will Also we insist upon our be broken off: terms regarding the Aegean Islands.
THE TIMES' OPTIMISM. The Tince, in an leading article, says the big words of M. Daneff will not dis turh the belief in well-informed circles in the success of the Conference on a hasis of honourable compromise. It is
AN ALBANIAN MEMORANDUM. Three representatives of the Albanian Provisional Government have arrived in
London and submitted a memorandum for the consideration of the Ambassadors advocating the inclusion in Albania of a large extent of territory, including
Meters. Johnson, Stokes & Master, appeared for the defendant.
His Worship said:-The defendant was charged before
mne that not
being a licencee under Section 6 17 of the Pharmacy Ordinance 1908 he dil on the 15th day of November have in bis possessivn, custody or power a greater quantity than twelve official doses of a poisun mentioned in the schedule to the Pharmacy Amendment Ordinance, 1910, to wit, 8,000 ounce bottles of cocaine, making 1,000 minces in all. The facts of the case are shortly these: The defendant
Preveza, Janina, Monastir, Uskab, Trish from the evidence w tina. Mitrovitza, and Ipek:
дл
word "Possession" the Legislature in- tended that bare possession of cocaine would be sufficient to constitute offonce under the Ordinance and that this meaning is no way affected by the addition of the two words "custody or power."
The next queation I have to decide is whether a mens rea is an essential
Business during the past week has been
The Sextuple Group is still negotiating, and it appears that satisfactory progress interrupted to a certain extent by the New Year holidays, but on the whole a
is being made. Consequently, it is ex- fair business has been done for investment ported that substantial advances will be Mr. Birch Crisp is apparently account, and the market generally closes made to China before the issue of the
£5,000,000 of the Crisp Loan this year, round improvement on the period under firm. Fine Hard Para Rubber is quoted the amount, namely, £2,000,000, by the 13th at 4/61 per lb., Smoked Plantation Sheets January. The cancellation of the Crisp at 4/8 per ib., and Unsmoked Crepe at Loan contract, though settled with regard to the terms, is not yet signed and any 4/7 per lb. The Bank of England rate further movement in the matter must be the open market rate is again casier, don by the Chinese Minister, A tentativo arrangement has, however, been effected, Bar whereby Mr. Birch Crisp will sign the of discount remains at 5 per cent., but put forward to Mr. Birch Crisp in Lon- being now quoted at 43 per cent. forward. Sterling T.T. is quoted to-day submit to China a firm offer. Silver closes steady at 20 6-15 ready, 20 cancellation when the Sextuple Group at 2/- 15-16, and Shanghai T.T. at 71.
BANKS, Hongkong and Shanghais are a shade firmer with sales and probable buyers at $825. The London rate is now £84.
MARINE INSURANCES.-Unions continue neglected at a. selling quotation of $817 with no business to report. Cantons are quiet at $270, Yangiszos at 81024, and North Chinas at Tls. 134.
FIRE INSURANCES. Hongkungs have advanced to 8380 buyers, and Chinas to 8150 with sales and buyers. In this section shares are extremely coarce and difficult to obtain.
London quotes
%
recent.
THE 10XER LIABILITIES. It appears that the Government hased its request to the Powers to be allowed to defer payment of China's Boxer liabili ties for another year upon the statement of Mr. F. A. Aglen, Inspector General of the Customs, which the Goy- ernment is prepared to follow as regards allocating to the Inspector General of Customs a portion of the income of the Salt Gabelle, in which circumstances Mr. Aglen stated that he was willing to under- take the payment of the whole of the Boxer liabilit es in 1913. The immediate payment of upwards of £1,000,000 should make Mr. Aglen's task casier, but it is generally thought that the main consid cration now is to provide a workable ser- vice for 1913, which will probably be the most difficult, fiancially, of any future years for China.
breach of. element in constituting a this Ordinance. I am of opinion it is not. The object of the Legislature being to prevent any one from dealing or con- vering in any way whatever so pernicious a drug as cocaine it must be supposed that it intended that such person should was arrested at Holt's wharf on the 15th
net at his peril. The question of a guilty was taking
mind does, however, affect the question November last while he delivery of 20 bales under a bill of
of penalty. The question then arises notorious that the Friendliest conversading to order. The 20 bales were num-
whether the defendant at the time when The defendant WAR tions have been proceeding daily behind
bered 31 to 50.
he was taking delivery of these balca knew arrested after 7 bales had been taken out. that the said bales contained cocaine. I SHIPPING. - Hongkong, Canton and the scenes of the Conference.
The numbers on the said 7 bales were 31,
am not satisfied that he did know. Defen- Macaos have been booked at 828, market closing with sellers at $281. China and 34, 36, 41, 45, 49 and 50. The coolin who dant's story in the witness-bex was that Manilas have farther weakened, and at was engaged to bring out the bales from
on the 15th November last he received the close are obtainable at $10. Indo- the godown stated that the defendant from his friend Cheung Fuk Sam the bill Chinas are again without business at 888
probably be accepted. handed him a Chinese envelope (exhibit 2) of lading (exhibit 4) and Shipping Order sellers, and a slightly lower rate would with certain numbers on the said envelope. (exhibit 7) and that he was instructed to £8 2s. 6d. middle price. Douglases are The numbers on exhibit 2 are 31, 34, 36, take delivery of 20 articles which were at steady at $344, and Star Ferries at 835. 39, 41, 42, 45, 46, 40 andIt is not clear Holt's gedown and take them to the Shell Transports have been in strong 10 bales only steamer Yamaang. He further stated demand for London account, and a fairly
extensive business has been done at prices to $30,000,000. were to be taken out, or, as it is suggested that Cheung Fuk Sam left for Canton after ranging between 111/- and 113/9 ex the Government that the cargo boat not being large enough he was arrested. He also denied know- dividend of 1/- per share (Coupon 19)
stant. had to make two journeys taking 10 bales ing that the packages contained cocaine.which is payable in London on the 6th in each journey. One thing is clear to It was sabmitted by the Crown that if my mind that the first 10 hales to be I found as a 'fact that the defendant dic taken out were to be the 10 bales dh' hand exhibit 2A he coolie that I must THE FATE OF ADRIANOPLE.
had on them the numbers set out on be `of opinion the the defendant-know The Times says it has reason to believe exhibit 2. All the 20 bales were opened that the packages contained cocaine. that the Garrison of Adr'anople is ex-by Revenue Officer Wilden. These bales That does not in my opinion necessarily tremely hard pressed, and that negotia-contained old newspapers. The 10 bales follow. It very often happens that a tions have even oponed for capitulation. bearing the numbers set out on exhibit defendant in the witness-box will deny 2 also had in the centre of each bale a
statements made by truthful witnesses case of cocaine of 100 ounces.
because he thinks possibly that such maining 10 balis contained nothing but old newspapers. The defendant denied admission may be regarded as an in- that he gave exhibit 2 to the coolie. I am criminating fact. The defence also called This witness Choi 1 as B witness, satisfied that the said exhibit 2 was
demeanour in the witness-box created a The handed by him to the coolic. first question I propose to deal with most favourable impression in my mind. is, what is the construction to be placed His evidence was to the effect that he visited the defendant on the 15th Novem- on the words "possession, custody or power" referred to in the charge? These her last at 11.30 am. at his residence, three words have been taken, I fancy, from No. 31, Lower Lascar Row.
was there a man surnamed Cheung came a1 r 1 of the Judicature Act and also
AMBASSADORS' CONFERENCE. The Ambassadors have re-commenced deliberations at the Foreign Office.
THE U.S. PRESIDENT-ELECT AND
THE PHILIPPINES.
UNITED PRESS SERVICE TO MANILA.]
WASHINGTON, December 28. President-Elect Wilson is in full accord with my measure for the indepen- chance of the Philippines," said Chairman Jones, Chairman of the House Committed on insular affairs, and father of the Jones Bill, after a conference with Mr. Wilson to-day.
The re-
While he
REFINERIES.-Ching Sugars have been booked at $108, and Luzons at 834, market in each case closing steady.
A PUBLIC LOAN TO PAY LOSSES AT HANKOW.
A bill has been introduced in the National Council to raise funds for the purpose of restoring the commieres of Hankow. The bill states that the losses It is feared that if tho sustained during the revolution amount indemnifies the Hankow merchants, many claims will arise from sustained, but as the case of Hankow is other centres where losses have been exceptional, the Ministries of Finance the Hankow delegates, have decided to and of Industry, after consultation with eat a public loan, the denomination of the bonds of which will be fifty, one hun- dred, one thousand and fifty-thousand- dollars. The interest will be five per cent. amortization to begin in the fifth year and the full period of the loan to be by industrial taxes. According to the the interest thirty years. The loan will be redeemed Government arrangement will be payable from additional taxes
whole business. undertake the Docs, WHARVES AND GODOWNS.-Hong-pon rent, etc. The Bank of China wil kong and Whampoa Docks after sales at National Council passed the second and $58 have weakened to 2571 sellers. Hong- third readings of the Public Loar Bill kong and Kowloon Wharves have been without alteration. booked at 879, and more shares are New Amoy Docks have procurable. improved to 27 buyers. Shanghai Docke are wanted in the North at The. 30. quiet at Tis, 103. Shanghai and Hongkew Wharves are
MINING. Tronohs have advanced to 75/ ex dividend, at which rate London is a buyer. Heawoods are wanted at 4/3 Raaba are quiet at 241, and Chinese Malayan Tin Engineerings at 33/0. Dredgings have been sold to London at 83/6, and the rate has since advanced to 71/3 buyers. Pahang Consolidateds can he placed at 10/6, and Pusing Bh at 10/-.
SUGGESTED STATE LOTTERY,
The
It
Three foreigners have left Peking after endeavouring to induce China to institute to be available for sale in Europe. was to be run mainly on similar lines to: a State lottery, the tickets of which were European lotteries and the promoters offered a substantial deposit as security take the management of the lottery,
entirely ing a Chinese official to check the accounts stood that the Government declined to have anything to do with the and act as general auditor. It is under-
scherne.
from Section 1 of the Coinage Ordinance and handed defendant three documents. continue in request at $38, and West for the profits. They proposed to under-
"Mr. Wilson and I have discussed fully the provisions of the bill, and he assures me that he is entirely in favour of a form of provisional government for the Islands for eight years, then absolute indepen-occur in the former and the words dence.
Just what details will have to be com- pleted before the Islands are turned over
"
1986. The words Possession or Power
Defendant was told to go to Holt's godown to send goods to Japan. I there- Custody or Possession in the latter. fore convict the defendant. Having re- In the Annual Practice Notes, 1812, at gard to the very drastic nature of the to the Filipinos fer provisional govern- page 50% under the heading "Possession Ordinance I do not feel justified in ment are not yet decided, but the matter or Power" in O 31 r 12 we have the follow-inflicting a loss penalty than the sum of $500. I therefore order the defendant to will be given full consideration before the ing4l documents must be inclu led tine Comer for carrying out the plan which the party has any "possession pay a fine of $500, in default 6 months' The Chairman Jones states that his bill
or property with others or even in which
imprisonment with hard will be introduced in the special session of Congress to be called by President he has no property at all if they are in Wilson for tariff revision immediately his corporeal possession." Section 1 of cocaine, the subject matter of the charge, after his induction into office, the Philip the Coinage Ordinance 1865 is as follows: I order to be forfeited to the Crown. - pine question becoming a part of the business to be taken up by Congress in the special Evasion.
at
Where the having any matter in the custody or possession of any person is "I am certain that the bill will pass mentioned in this Ordinance, it includes the special session," says Jones, not only the having of it by himself in "especially as it will be presented with his personal custody or possession, but the approval of the President."
President-elect Wilson and Chairman also the knowingly and wilfully having Jones spent several hours to-day in dis- it in the actual custody or possession of cussing the Philippine question, and any other person, and also the knowingly while Mr. Wilson made no statement at and wilfully having it in any dwelling the conclusion of the conference, Mr. Jones quoted him freely and is authority house or other building, lodging, apart for the statement that the next President ment, field, or other place, open or en. will approve the programme for the closed, whether belonging to or occupied Philippines outlined in the Jones measure by himself or hot, and whether such mat which met defeat in the present Congress. ter is so had for his own use or benefit With or for that of any other person." respect to the rule in Maxwell on Statutes A CURIOUS EXPERIENCE AT SEA
at page 489 (4th Edition) that when two Captain R. Conradi, master of the sa
words or expressions are coupled boge Kermun, sent to the Jan Chronicle the
of an interesting ther, one of which generally includes the following account
other it is obvious that the mora general experience:-
On the 17th December, at about 4 p.m., just after sailing from Yokohama, bound term is used in a meaning excluding the to Kobe, the wireless operator put on his specific one, I am of opinion that this receivers, and after listening for a few rule does not apply to the word "Posses- moments he was very much surprised to sion," "Custody," or "Power" under None of the said words can hear, in place of the usual Morse buzz, a faint unusual sound of varying, pitch be regarded as general words or specific
he recognised to which on tuning in be a human voice singing! For a few words within the meaning of the said minutes the tune was drowned by the rale. I give two illustrations of this rule. sending of a neighbouring shore station, but between the breaks the voice was faintly but distinctly audible. When the said station ceased transmitting, the tune and the words became easily distinguish they would be understood as excluding able, and proved to be the old English them if the latter words were coupled with song "The Flage Blacksmith." verses were heard, and towards the end them. (Reg. v. Cooke 2 East T. C. 816 the voice became clearer, and the final and Reg. r. Loon 1 Moo C. C. 160.) The words Like chaff from a threshing word land" which in the ordinary floor were as distinct as though from a
acceptation included buildings standing gramophone,
Two
discussion,
Though the words "cows," "sheep" and horses" standing alone comprehend heifers, lambs and ponies respectively
"Later in the evening the operator called up the Choshi Station and asked upon it, is evidently used as excluding them when it is coupled with the word if they could suggest who was likely to
be experimenting in wireless telephony, "buildings" (see Dewhurst v. Feilden and they replied probably the Depart-7 M. and Gr. 180 and Peto v. West Ham ment of Communications at the labora-2 E and E 144.) I also wish to mention tors in Tokyo,
Perhaps this may catch the attention the case of leg. v. Great Bolton 8 B and In an Act (59 Geo. III. e 50), of the unknown singer, who may write C. 74.
which provided that no person should to you.
Besides the wireless operator, the acquire a settlement in a parish by a forty ief Officer and the purser heard the days residence in a tenement rented by voice singing
"The Keemun at the time was distant him unless if a house it was "hold" and if land it was "occupied by him for a about 20 miles from Tokyo.
labour.
The Rajah of Sarawak has issued a pro-
1 catablishing
Advisory clamation
LANDS, HOTELS AND BUILDINGS.--Hong- kong Lands have been booked at $105, market closing quiet. Kowloon Lands Peints at $57, but no business is reported. the old shares: the new have been done Humphreys Hongkong Hotels are wanted at $115 for at $73 and close steady. Estates have sold at 28), and more shales can be placed.
THE OPIUM QUESTION.
allow-
INTIMATIONS
3
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Samples with Sp. boix fees from nearmet depot: Nawtver.dapt, 4X, 27 Charterhouse Bq.. Londan; it. Tomas & Co., Bydney, N. 9. W', a Lennon, Ltd...Cup Town: Muller, Maclean & Co..Calcuits and Botabay: Potter &C. Corp., mola props., Houten,
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ISSUE OF A MANIFESTO. 22 miesto on thropiDET ENGLISH MOUNTED CHINESE JADE... Following is the
question issued by the President on the 24th ult.
Opin has been a great evil to cur Measures for the prohibition country.
of the cultivation of the poppy and of
JEWELLERY
LONDON QUOTATIONS. The following the transportation and smoking of opium MAPPIN & WEBB'S
United Serdangs
14/3 30/3 ex div.
43
COTTON MILLS.-Ewas continue in re- quest at Tls 121. Hongkongs are un- changed with buyers prevailing at 883.
Farms have MISCELLANEOC8-Dairy been clone at $211, Electrics at $26, Ropes at $19, Watsone at $61, and Powells x
Cements have been dealt in at $4.30 down to 94.15, so, all closing in request. market closing with sellers at 844. Hong kong Trams are procurable from London at 4/9, but at 4/6 there are buyers. Langkats are quoted at Tis. 73. Council on Sarawak affairs in England, quotations (middle price) were received His Highness the Tuan Muda, the Rajah's from London by wire this morning :- second son, will preside, and his two Linggis an old and devoted servant of the Rajah's Rubber Trusts colleagues will be Mr. Charles Bampfylde. London Ventures
Anglo-Malay The Vallambrosa check Highlands & Lowlands Advisory Council is devised as a Government, and Mr. Charles Hope John. Eastern Trusts son, the legal adviser of the Raj. upon certain predatory designs against Labus the independence of Sarawak by binan-Komboka ciers and others, to which we drew atten. Trenchs tion in the summer. If the members will Pahang Consolidated give full publicity to any movement of Pusing Bheru... this description which comes to their Malayan Tin Dredging .... knowledge, we have no difficulty in pro- Chinese Engineerings phesying, the Pall Mall Gazette says, Indo-Chinas that the force of public opinion will be brought to bear to defeat it.
доро
1373 ax div.
20/6
15/6 20/6
81/3 cum dir. 10/3
4/3
11-
10/3 73/9
.162/6 33/3 115/
Hongkong Electric Trams. 4/6 Shell Transporta
Odol is the first and only preparation for cleansing the mouth and teeth which exercises its antiseptio and refreshing powers not only during the few moments of application, but continuously for some hours afterwards.
Of all Chemists and Stores.
(104.12
OUR
OF
SILVERWARE,
CUTLERY and
PRINCES PLATE.
were, with a time limit, strictly adopted by the late Manchu Government. that reforms are being carried out by the people, how can we bear to see that they should sink to a life of degradation? Presidential proclamation was issued some time ago authorising Administrative officials to order the people to abandon If offenders are found this bad babit, they will be dealt with according to the During the last few months the law. local authorities should already have taken steps towards these measures, but it is feared that, though the Government It is is earnest, the people are evasive
strict order therefore necessary to issue again, so that prompt action nav be taken. The Administrative authorities. are hereby ordered carefully to observe the previous proclamation and to executo The British Govern- it without delay. ment and the British House of Commons have sympathetically resolved to assist in enforcing this strict prohibition and, al
the in the devising of a means of stepping
in the STUDY importation of Indian Opium. Agreement for the prohibition of opium cultivation made between Britain and China last year, it was stipulated that if in the different provinces prohibition of the cultivation of the poppy and of the trans- from or to portation of native opium their neighbouring districts be effectively enforced, with substantial evidence of its having been done, the Ministry of Foreign Affairs, with reports from these provinces as a basis, shall investigate the same conjointly with delegates of the British Minister at Peking, in order effec tively to prohibit the importation of Indian opium. It is evident that whether the importation of Indian opium can be stopped depends on the entire prohibition of native opium, but the entire prohibi- tion of native opium depends upon the effective prohibition of the cultivation of the poppy, so that it may not come into conflict with the Agreement between Great Britain and China. The Administrative authorities upon receiving this shall im- mediately order the local officials to en- force such prohibition with all their efforts and submit monthly reports of the the true conditions in their districts to Waichino-pu and the Neiwubu for veri fication. The observance of this order shall be taken notice of and all merits in the enforcement of such prohibition will be recorded."
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40