Page
THE DEPORTATION CASE.
ACTION AGAINST OFFICIALS
CROSS-EXAMINATION OF MR.
THE HONGKONG DAILY PRESE FRIDAY, MAY Bun 1918.
given are more or less to define generally have told them that, according to your the course of conduct of which the allega-information, the accused was a man of tions consist so as to give him some idea bad character and that he had een of knowing whom he could call as wit charged with so and sol-It ly the custom to say to them. These are the nessey
charges brought against this man, can you help us in any way whatsoever!"?
Are you suggesting that where a par- ticular case is mentioned all a man has to do is to enter a general denial-He could call his employer, people connected with the legal profession here, people employed in the particular case.
-- HALLIFAX. MR. MESSEW'S EVIDENCE. The action which Li Hong Mi, a solicitor's interpreter whose exportation
Do you seriously suggest that suppos- has been ordered, is bringing against the Captain Superintendent of Police,ng Mr. Li Hong Mi had dabbled in the Secretary for Chinese Affairs and the champerty that he would be likely to Attorney-General, was continued at the impart that knowledge to his employer. Full Court yesterday,
H.
Kemp, G..., instructed by the Crown Solici tor, appear for the defendants.
NO.
of Mr. Li Hong Mi.
Do you really and seriously suggest to us as a man of commonsense that an CROSS-EXAMINATION OF MR. HALLIFAN employer would know so much of his The cross-examination of Mr. E. Binterpreter's actions that he could any Balliinx. the Secretary for Chinese
it was impossible for him to enter into Affairs, wna continued.
champerty-1 think so. He would have formed a sufficient opinion of his char neter to be ablu to say su
Mr. Pollock, addressing witness, muid I would like to remind you of this passage in Li Hong Mi's statement "1
!
Is not the fact that an employer claim is fairness that all witnrases retains an interpreter in his employment should be confronted so that we may some evidence, at any rate, prima facie into the matter fully." The quistion wish to ask is do you consider that that he has confidence in him? Yes, it was a fair request for Mr. Li Hong Mi seems to indicats confidence. to make "--It was a natural "request perhaps.
Was it a reasonable request for him to
Mr. Potter's evidence was not sußi- cient to cause you to make further investigation-No
Have there been any other cases of this kind?--Yes.
Deportation
31r Pollock Have ordera ben mado in these other enses? They probably have. I cannos kay
y own knowledge.
of
THE CAPTAIN SUPERINTENDENT OF POLICE.
Mr. Mcl. Messer, the Captain Super-
HONGKONG MAGISTRAGY. THEFT FROM TAIKOO DOCKYARD.
A Chiness pleaded guilty to stealing a quantity of lead from Taikoo Dockyard
It was stated that the man stole the lead from the root of the dockyard.
Mr. J. R. Wood sentenced defendant to a month's hard labour.
A POSTMAN IMPRISONED.
A Chinese postinan was charged, on btain remand, with attempting to twenty cents by fraud.
Defendant, was nileged to have deliver. od a letter to a Japanese gentleman and dejantided twenty cents on the ground that the letter had been taxed.
Mt. J. R. Wood sentenced defendant to three months' hard labour. THEFT FROM KOWLOON GODOWN.
Two Chinese were charged with steal- ing a number of fish-plates, the property of the Kowloon Godown Company; and tive other Chinese were charged with receiving the articles.
Mr. Mattingloy prosecuted on behalf of the Godown Co., and Mr. F. X. d'Alwooda appeared for the receivers.
Mr. J. R. Wood remanded the case for a week.
UNLAWFUL POSSESSION OF
OPIUM
Two Chinese women were charged with
tity of opium. being in unlawful possession of a quan-
What would be the good then of calling The plaintiff is represented by Mrhie employer His employer could say H. E. Pollack, K., and Mr. Alabaster, that to the host of his knowledge, and intendent of Police and Superintendent O, B.E., instructed by Mr. Wilkinson, of
he was closely concerned in this parti- of Victoria Gaol, was then called to give Messrs. Wilkinson & Grist, while Mrentar business-that there was no posetence. He said that on November 6th, E. H. Sharp, K.C., O.B.E., and the sibility of anch, proceedings on the part 1917, Li Hong Mi was brought to the Witness Attorney-General. Mr. J.
Police Station under arrest. saw him and also Mr. Leo d'Almadı. Mr. d'Almada came to him for two purposes, to arrange about bail and to Bee Mr. Li Hong Mi regarding office affairs. Bail could not be granted until after Li Hong Mi's interview with the Secretary for Chinese Affairs, and so witness took steps to expedite that interview. It generally happened, under ordinary circumstances, that the accused party had to reminin a uiglit in gaol. When Mr. Leo d'Almada wished to speak to plaintiff witness reminded him that usual custom was not to allow the
interview a prospective Mr. Petter was named as a witness by solicitors to
Me M Li Hong Mi. One of the charges deportee until after the interview with
the Secretary for Chinese Affairs. referred to Un Man Taun's case. Mr. d'Almada said he understood and the Potter was engaged, as, counsel in that interview between accused and the solic the defendants were arrested on the tor was allowed upon an undertaking particular case and be stated that he had that they would not speak on anything never heard of Mr. Li Hong Mi having connected with the deportation Under the Ordinance, he was duperintendent of any connection with it? That is merely the House of Detention. He would treat prospective deporteex as coming under negative
the prison regulations, and examination of prisoners
of purpose maintaining health
required. was. ११.
made to No objection was
him by Li Hong Mi either as regards physical examination or the taking of anger-prints. If the plaintiff bad object: ed it would have been the duty of the hospital warder to report the matter. You accept the statement made by his When such a matter was reported to wit Lordship yesterday that in answeringness or the Assistant-Superintendent the the case of Li Hong Mi, as ho would these charges the onus is thrown right case was dealt with on its merits. on the accused? Once the allegations probably only be in detention for a short
It was stated that defendants had re are made then the onus is on tho accused while, and as he had been a Government serrant and was well-known, if he had to prove that they are untrue.
objected to the physical examination ceived into their shop five boxes of special measures would probably have umbrellas, three boxes of camphor, one been taken to keep him separate from box of perfume, and a box of felt bats,
medical officer. As far as taking finger
ranke --Yes.
And I suppose you would admit that if the accused had an opportunity of confronting and questioning the wit nesises, that would result in the matter haing gone into fully, or, at all events, more fully than it was gone into? It is difficult to say that, Mr. Pollock
If he had that opportunity it would be a fuller form of enquiry, would it not? It might be that.
I think it would be. Would it not follow, if the accused asked any question at all that it would make the enquiry of a fuller character ?--Yes.
That is just the class of evidence you have been telling us would be effective. He could not bring any evidence except negative evidence-Evidences of positive good character to negative eturges, against him..
I suppose you will admit--and you have been a Police Magistrate that as a
To these charges against him Mr matter of mere fairness the accused person should know the evidsgee, nguinst-Hong Mi gave a general denial ?—Yes. him?
tho
In
Revenue Inspector Lanigan stated that
Leung Ling Wharf with the opium, in their possession.
Mr. J. R. Wood fined one of the de- data 800, with the alternative of three months hard labour; and the other defendant $1.
CHARGE OF RECEIVING STOLEN PROPERTY.
A Chinese shopkeeper and his two assistants were charged with receiving stolen property
Mc. W. B. Hind appeared for the de fendants.
There is prima facie an adverse deci- the other prisoners until he had seen, theof the total value of $360. The property The Chief Justice: That goes without sion against this man come to by the prints was conccrued if Li Hong Miyus alleged to have been stolen from a
the evidence of had protested and the matter had been Japanese godown. Governor-in-Council on the saying.
I suppose you will admit that a party the prosecution How can he show rea-reported to him he had no doubt that Mr. Hind said his clients purchased
in the particular circumstances he would
g the goods and were not aware that they or explain son against that unless he has an oppor- have waived the formality. accused could not answer
Witness was then cross-examined by had been stolen. He applied for a week's Mr. Alabaster and in answer to one
remand. testimony of which he was kept in tunity of seeing the evidence which ignorance 1-He could not answer as to Crusted that first impression on the question he stated that it was not abso intely essential, under the Ordinance, to the House of Detention before bail that the accused party should be taken was allowed.
details if he was kept in ignorance, but ho could anewer generally a charge and
generally.
That is not my question. Could he answer or question testimony, meaning, of course, evidence, if he was kept in ignorance of that testimony -No, he could not
case.
This finding was given in an appeal A summons to answer charges, the evidence in support of which is with
Lordships their to held, appears allusory." Do you agree with that 1-1 anast agree with it.
I don't want any fencing with words. I am not asking you to overrule a judg am ment of the Privy Council. I making your own opinion as a gentleman of commonsense who has been a police magistrate. Do you agree?What do you mean by illusory-
1 should say futile-If the defendant knew nothing of the nature of the offence, it would be futile, but if he is given enough evidence in the allegations to show the line of defence he could take up it would not be futile.
Merely giving a man the charges, and withholding the evidence, is that not an illusory trial-I must agree to that, but I curant exceply Interpret llisary
I will use another expression, would be a kind of mock trial?--If he is not given enough information to make
defence, yes, it would be. There is a reference to champerty. What do you understand by champerty! Malpractice connected with the law, Does it not convey anything more de finite to your mind-The engineering of cases which would not otherwise be brought on
Governor's mind?-The charges are put in the form of allegations and in that
form he enn answer them. "
Plaintiff did not ask to be present when Mr. Potter's evidence was taken? No.
Did you tell Me Li Hong Mi when
When a person is in prison and is told do you consider that when obeying that by someone in authority to do something, order he is acting under compulsion - Not of necessity.
Inspector Watt said his detectives were
and it would probably he proved that already on the trail of a robber's deu,
these were the men who had stolen the articles.
Mr. Dyer Ball remanded the case. Asfixing bail at $1,000 for the first de The Chief Justice: Was this examina-
you were going to examine Mr. Potter tion mude in private-There may have fendant, and at $700 each for his two
as a witness on his behalf--No.
Surely it was for you to give notice to Mr. Li Hong Mi if you intended him to have an opportunity of putting questions to Mr. Potter?-If I had, thought of it I might have told him. If there, bad been anything in what Mr. Potter and to warrant Mr. Li Hong Mi being pre sent I should have subsequently given him an opportunity of being present.
Supposing Mr. Li Hong Mi had ex pressed a desire to hear Mr. Potter, you would have allowed him to do so?-Yes.
to
man
been others present. It depends upon the time of day. Bartos
The medical examination takes place in the case of everyono 7-YER
Even a misdemeanant who is sentenced. first class Yes say, to three months' imprisonment in the
As far as you know does that apply te all prisons-Yea
CONFIDENTIAL MATTERS.
fakio.
ATTEMPTING TO HOB A HOUSE.
Two Chinese wore charged with at-
Inspector Gordon said defendants were tempting to rob a house at Kowloon.
seen attempting to enter the house by some Indians, who chased and arrested Before the Attorney-General com them. When taken to the Police Station menced his summing up of the evidence and searched, a knife was concealed in there was some considerable argument regarding the question of disclosing mat the stocking of one of the defendants. ters which, it was submitted, had to be Witness asked him what he intended to withheld in the interests of the Colony do with the knife, and defendant replied The Attorney-General argued that as the that it was for the purpose of fighting fact had been brought out in the cross and not for robbery. He had had a row examination of Mr. Hallifax that cor with a man residing in Yaumati a lew tain matters could not be made public nights ago, and he was on his way to he was entitled to use that statement in
find him, when he was arrested. As the. support of his contention that the con result of inquiries it was ascertained that struction which the Crown had placed this was trac Inspector Gordon added upon the Ordinance was the correct one that be would now alter the charge to The Chief Justice: We have evidence one of being in unlawful possession of before us that it is not customary to prga knife with intent to use it for an duce these reports, that it is regarded as unlawful purpose; undesirable to do so, and one reason Mr. J. R. Wood fined de.endant $25, given is that informers would not come with the alternativo of fourteen days' forward if their identities had to be hard labour, and discharged the other
defendant. disclosed. You are, therefore, perfectly entitled to argue on that evidence that any other procedure would be contrary to the intentions of the Ordinance,
The Attorney-General And against The Chief Justice: Won't it suffice to the interests of the Colony, argue on the first point?
NOT AFRAID TO MEET THE KING.
Why did you not give him an oppor tunity of being prosent? It is not the usual practice and it did not strike me.
· flas it never occurred to you to con sider this mater in fairness to the accused party?—Yes, he is treated fairly Do you seriously suggest that to their Lordships-Yes.
I understand you The Chief Justice: to say it would have been open to the accused in this case, when you read the charges over to him, to have brought witnesses before you, to speak generally
A Chinese was charged with picking as to bis conduct Supposing he had
the pockets of another Chinese
Complainant stated that as defen brought his employer and any other pro
dant, who was amongst a crowd of fessional man to give him, generally
The Attorney-General If it is clear passengers on the incoming We
Wo Fat pass speaking, good conduct would you that it means evidence generally in the ed by him, he felt a flight pull at Deportation his cat-pocket, but did not take any have caused a further enquiry to be proceedings under the
Ordinance. The objection is taken not particular notion of it. It was soon
another `by made into the specific charges?
at his in this particular case only, but against followed any disclosure in Deportation proceed pocket and some money fell
Complainant then realised that ings. I do not propose to argue that, if ground the Deportation Ordinance clearly in a pick pocket was at work, and made a Defendant tried to Don't you know champerty is an agree
tends that the proceedings are to be grab at the man- ment to share the proceeds of litigation 1.
disclosed, that this Government's desire with the result that several other pl
gers surrounded defendant
who was ar Yea
character as far as they knew, would this particular case that the evidence
should not be disclosed would be suffsted and taken on to the wh
wharf and Having come to that point, don't you you then have thought it your duty to cient. We do not argue that We should searched think that to meet a charge of champerty have gone fully into the specific charges? let the case go.
Defendant denied the charge, alleging it must be known to the accused, roughly if anything they said gave the slightest The Chief Justice: You are entitled that the money had been introduced on to use in support of your argument the to his person by complainant. He was opening for further enquiry, yes, my evidence that in the opinion of the an old soldier of China, and when the
Secretary of Chinese Affairs these docuatong asked him to accompany him Lord,
I take it that you would have quesments should not be disclosed and that the wharf he went willingly. He was generally, somo details with regard to tioned these people who had been called therefore such a procedure is in accord an honest man and was not afraid to
ance with your intention throughout and go and meet the King area.
Mr. Dyer Ball remanded the case for that agreement so that he can rebut the as to general character upon the charges in accordance with the Ordinance.
further inquiries. harge? No, I take it that the details brought against the acensed. You would.
the date when that agreement was come to, the party with whom he is supposed to have entered into that agreement and,
Mr. Hallifax: The testimony of these witnesses would have been given very full weight."
Supposing they had given him a good
The case was thin adjourned,
coat the
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