CORRESPONDENCE.
THE KOWLOON "SENSATION."
T THE DITUR DE THE HUNGKUNU"
DAILY PINSS."} SIR-li very gratifying to read your sery able and explicit ursiele this morn- ing on the subject "of the representation of the Hongkong community the Legislative Council of the Colony. The position as stated by you is, I take it, luit most prasonabid and level-headed
men understood it to, be, and suur, re capitulation thereof is refreshing.
THE HONGKONG DAILY
THE BRIBERY CASE. APPEAL AGAINST THE MAGIS- TRATE'S DECISION.
MISREADING OF THE BRIBERY ORDINANCE.
CANE SENT KAUR FOR RESHEARING.
PRESS, SATURDAY
therefore give my determination against the prosecution in the manner set below." He then quoted his determinatian, which Was ng follows. ---
I and that the prosecution bus nut, soficiently proved any, improper set of enmmission or omission for the deing of which the money in question was given. Before a sitting of the Full Court, yesterday, comprising His Honour the assist in the expeditious issuing of per
It was part of the defendant's duties to Chief Justice (Sir William Re-Davies mits, and to receive presents of money KC), and the Puise Junge (rarely in para for the promise of per. Justice Melborne) in appeal was made
By the How Mr. H. E. Pollock, Kat. (Acting Attorney-General) against the decision 3 N. L. Smith, Police Magistrate in the PW £7, cooide bribery is the ground that it was an errons eous one in point of law..
i
SEPTEMBER
ENOUGH TO START A
REVOLUTION.
BIG HAUL OF AMMUNITION. An gid Chinese was charged, before Mr. N. L. Smith, at the Magistracy, yea- terday, with the unlawful possession MB rounds of ammunition.
>
of
The defendang was agrested on board the sis. thing, which arrived in Hung keng on Thursday. The annition forming this particular daty, however red seething contraband herause of the was cleverly honeycombed into the sidew of two boxes, and the Police any suspects
Kreat weight of the hoxes.
Mr. F. X, Almada, fur thug, defendant. said that his client had been away from the Colony for 30 years and know nothing of time reculations. He had purchased 302 rounds of ammunition and could net anderstand how the rest had got among is possaints.
prehensibly it might in a public ser Your criticisms of soare corresponïletit's
vant, is certainly not ritegy within the (B. L. Frost's) statements are good, and
meaning of the Ordinance. There is of quite to the point; they are dealt with
course, the implication that if the money in a most generous and temperate many
was not paid delays might result, but it ner, more so than is deserved As a very
was clearly proved that it was commen", The inets of the che, as adduxit at the knowledge to the complainant and others old resident of Kowkom, I would like to
Magistracy, were that the No. 1 coolic that defendant bad lirtle hathority in such enquire What is this new Kowloon Psoriation?" Mr. Frust refers in his letter of the FW.D. had revived from a
boat-baither to expedite the issue of a fondant."
matter. 1. thee for diwharge the da Sergeant Appleton profured 4 to him," so and so; and then we
pull- through, and said that. also, was found would give particulars to all the papers."Permit for a pivés of land the lastin
Inner words, the leded Marisalg the defendant's possessions. The Wis is this Mr. Frost, and who are the had appling for The prosecution alleged
trate id laid stress upon the question arms, which he had no doubt the delen- up who thus arrogate to themselves, that the money was accepted with a view
whether the taking of the money sosial dan ans alergnugrytag, hill somehow the position of representatives of the
to influencing the reolie's conduct. Mr.'incling the man to act contrary to his escapai the Police. The apmunition was They do. Ky Le, for the defens, sabalisted that dagjes, or to sle or omit to do any act whole Kowloon community!
stilent to start a shop, the man had a power which could be The Magistrat weird to hate ignored influenced by the recript" the money altogether the face car then, Mr. Smith, the "Magistrate" agreed and separate offener errated by the first part discharged the mat.
This coolie was of the section of the Bribery, Ordinance subsequently arrested on a charge of which aid: To influence his caduto sould Help to murli a ratolition in presence of such a quantity of amimani- 1423-5 Il pe
public PJDM riving may tences anil detained by thir Police
the country. The Crowi Sofieter opphet for a rehearing of the case on the ground that the Magistrate's
decision wis wrong and that it affveted the whole of the Subordinate Civil Service Mr. Suith, however, there to his former decision, but gave leave to state a case
a represent it. So far the Kowloon community have not met and consider
his matter, noe have they given any one or any body any authority to sprick on
their behalf.
The urgent needs of Kowl: are patent to most residents there, aid to Hongkong folk, too. There are bise who are quite - expable of championing their wause as your correspondent, any undoubtedly more st; and, without rushing into print in so gotistical, self advertising and Bebastie a manner, which I know many de pla
Certain small-sections of the Kowloon endmunity have recently, un more than
one
evasion. had their knuckles well 4. Those are they with an infinted ià a of their own importance, Who seek to guide and control in a bumbledom, erry like way the much of living of the Moreover na
1 person
1642
ܐ,
The Chief Justice: As I read the Magistrate's thevision, I fub that he does. not head the winds as separate but res gardsachen" as one.
The Atturug Cigneral: The section, is very wide, and it is fel that it should drawn in a wide setise. No doubt the earned, Magistrate misinterpreted the the present appeal was the resulz. The Attorney-General suggested that words in the latter part of the secon
seetion and went on to" misider these | the respondeat might be called as he was as if they controlled the meaning of the not represented by legal attvisers\
The respondents name was like buttion, but we bunit that all those pro,
Osions are disjunctive. The Chief Justive: Phare i
What the isl
. Mr. Smith asked what the defendant wanted so much asununition, for.
Mr. Maaria said his client was tak
it in, the muntry. So dubt the
P
Mr. Smith: or start a revolution
ammunition was enfiscated.
The defendant was fined $250, and the
INDIAN CHARGED WITH STRIKING LITTLE BOYS,
ן;
A Pradinu waschanan employee at the f Chinesi, Y.M.CA. was charged with hav ing assaulted
Hittle Chinese street rehin about 10 years of age?" Sergt. Appleton send the W cinematograph-performance at the Chis
6TE, 1910.
LANE, CRAWFORD & CO.
LADIES ANDC
HILDREN'S
DEPARTMENT
SALE
FROM
AUGUST 29th
ΤΟ
SEPTEMBER 6th-
THE WHOLE STOCK
GREATLY
REDUCED
LANE, CRAWFORD & CO.
all events, the Magistrate found that th
The Actores eurral replied that, anese VM,CÀ, on Thursday night, and
'has arrived the money, and, with
a number of-treet urrlins were watching out calling apon the evidence for the de-
through the window. The defendant enre, he found that the defendant had drove them away. The complainant, what received a present of us in turn said he was watching the show-frute there For a promise to expedite the permit
back
=
ny appearance was entered.
Continuing, the Attornes-Glencaltat. ed that there was a great deal of argu- ent biore the leanal Magistrate upon the Bribery Ordinaty of 180 as to with the case of the St. Andrew "hurch whether this suur of money received
try they seek to impose their wills on the respondent was likely to induce him who should be in leo act contrary to his duties as a public Servant With all due rpret to the authority, and who only muld be in earned Magistate, he thought the desi position to speak and act authoritatively, on on which the case was based was tuncine for a moment. Kowloon's "Meinction 3, of Ordinance 1 tl 1898.
Disrending of the Bribery Ordmaner, That doing selected by the small cliques fl, thrust wrote small fry "), and they provoning to feriu a Bowral · Council, and wrangling about and dictating to the aules Mader" what he should and not or and say at the Colony's Legislacyst only) meting i would take on the job! Members of all tions of the Hongkong cumanity should be able to nie maar griefänces through the grity. to do or to umit to do any act, the man received" the money with a view willingness to do so after he was charged.
In t
"
proposit ripresentatives on the Legishi- tívé Cancil, and in this the Pryss would give ample support..
Please Must m following into print; it not being any wish to post as publicist. "Enclosing my card, I beg to with Net-Yours
THE JAT. Hongkong, Bth September, 1910, ?
pleri m
CANTON NEWS.
September 5th!
'
THE TEVRENSHIP,
The Chief Justice: That is the affect of his judgment.
was part of the man's duts.
The Chief Justice remarked that that bentre of the road. pervived a blow on his
with a heavy stick. Mr. Smith said it was the man's duty to drive away the stores urchins.
Sergi Appleton "replied that he had ght to use vlub-neer He might have done serious injury to the by. had beer cases of that surt before,' und he had settled then by getting the man the run refused to give the boy any to give the long at rents. In this instance;
money at first, auch only expressed his
71
There
The defendant denied striking the boy. Sergt. Appleton suggested that the man
the defendant he must not strike little be warned, and Me, South, agreeing, told
boy
THIS DOG UAS TWO LICENCES." A Chinese, wanewhas the worse for Rood Central, on Thursday night, held liquor., went up to a constable in Queen's
in by the collar, and said: "This dog has two licences,***
Thu "dog" did not understand. He
drunk or only mad: wanted to know if his equntryinan was
The Chinese ruxisted arrest and tried clore by. to drag the constable into a motor-car
fendant deafed being coacerned in the in- At the Magistracy. yesterday, the de- ridept him for my, and because he did nut He mid the constable asked receive it, arrested him.
Mr. N. L. Smith reposed a line of $5.
The Attorney-lieneral replied that) section, as their Lordships wel had accepted sathing with a view to whether it was his thiry or to the ar was very wide in its ran it was as hurrying permit, and it was ther follows: Every "publicerade who fore with a view to influencing his con- nicerpta or obtaurs or agréés 16 Accept or duct attempts to obtain, or causes of procures imperssion that if he gave thủ money to The bar-builder was ander the to be obtained, from any person, whether defendant he would have the vantage
himself or by any other person and of getting things done mure expeditions whether for hingelf or person, any bribe with a view to indueneans might not have hurried up the per for any others. If the $ were not given the defend his conduct as such public servant, or.mit. The Magistrate had evidently mis contrary to the rules of honesty or late reall the Ordinner." He submitted that shall be guilty of a misdemeanour.
influencing his conduct. His, submission way that what the The thief Justice: I want evidence to learned Magistrate found in that case was
show why he received the money. sufficient to justify the conviction of the The Actorty General: respondret. Undoubtedly the Magistrate the 8 to expedite the issue of the perinit. He received was satisfied that this man had received According in the bridence of both the the sum of $5 and it must have been complainant and his wife, the defendant recrived by him with a view to infuence had represented that they would derive This conduct as a pulle servant.
earned Magistrate, however, misreading crossesamiation
The same alentage from paying the money. the section imported late the first partaid
the complainant of it, which they submitted-was separates a permite
He told to be bad fever tol and distinct, the words "contrary to his fandani was arrested that Mr. Mackay I did not know i de duty as a public servant."
had to issue the permits,"
The Chif Justice: The $5 was given
get the pepatit. The Attorney General: Quite so. Con. The Atton-Ceneral stated that the tioning, he said that the learned Magis furtund slicitor for the, defence had trate, reading the Ordinance as he did, argued very had said that the bribe could not influence at me power to grant to permit. because ingeniously that the man In casequmay of the strong proteus". the ita's cadart. The important part had to be written and given by some Show them Hige. Chief Administrative was whether the money was given to the love him who had the power. How Director of the Military floverument, duet na a public servant. On that point, trajne
man with a view to influencing his comery serious that argument would be, if ne tetem d change of the thought; one might say, although; che Alizistering the Government was the H. Excelleny the Officer The worship. Tam Husaing, the Tachines Mägistrate did not call upon the prout who ultimately had the power. I of fangs, who was sent by General dirt to give his evidentes, that from they would not get a conviction in a case the other evidence it was a case of rea like that they would not get a conviction Jak Wing ting to Jake over the office, has | ipa luquitur. This boat-builder gave the applied for the insPaeriana
respondent the $5 because he expected officials of the Colony were involved, he
la any they exert when the very highest him to do something, thereby influencing ease always they would be ultheately At under found that five situation? bus his conduct as a public servant, and the beck in sen ational tahtary mostimentis in
Hi people to have this best sug in the responder secepted it with the same in matter. nity, 1t is feard that the Kwangsition. It was not to be supposed that evidence that when the permits were M Mackay had stared a s Brings will fasse trouble.
Mor Ching the hat-builder would give this man 35 jesued they were handed in defendant, dy, the Tushun's son, has recently
without him doing something for it."
The Chief Justice: He gave it purely delay then.
win could hold them up if he wished, or bonihy th Batalions in Canton and as A Cenashree, in the sampe way ne Corks are sitios ing, onder Ma
another man gives a cigarette in a friend. Į bene anything morg. Letun, v-lie is in opposition to thee Tuchun very able argument of the solicitar fortis ads of the Ouliaunce were meant
The Attorney Weneral: That was the The Chief Justice said it was Min Wingon has ordered is forces. the defence. which are armed with any machine,
The Chief Justice: It is given as 'n guns, to encamp round the
friendly encher. CATE
The Attorney-General stated that their his duty as a public servant. The man trafigers to the Colony
Both pleaded that they were Arsenal,
Other troops are being called Lordships would see that the Magistrate had accepted the money, representing carrying the fetters to uolige friends.
They were went on the point that it was necessary that he could get the permit fed in n to prove that the defendant would be in week's time. The Chinese constable had
They were fined $25 and 950 respec- tively daty. That seemed to la wandering to What was, the meaning of "To putzin a fuenced to do something contrary to his corre borated the complainant's story. other alternativés. Under this section sum of money with a view to influence of the Bribery Ordinazon it was quite his conduct as a public servant!" The...... was satisfied that the first alternative was vant who had power to grant or withhold sufficient for the prosecution if the Court Magistrate took it tu menn a public ser accepted-that was to say, that the 8 permits, as the ease might be. It was, was necepted with a view to influencing however, really immaterial whether he the man's conduct.. Then, to emphasis took the money as a public servant or the point, the learned Magistrate went not, if bele a representation which The flood in the Fast River is slowly into the question of whether the defend gave the plaintiff the idea that of he sukeiding, It has done much minor Their Lordships would find in paragraph This receipt of the money would influence a role different from any she has had in at acted contrary to his duties or no.ave him he would get the permit. Lightning Raider" Pearl White asumes damage in various places. The rails of 6 of the stated case the netund finding of the man's ecnunet--that was to say, in-er eight previous serials. The character the Canton-Kowloon Railway, which were the learned Magistrato upon which he duce him to get the permit earlier than pis á Bort of girl Raffles, beautiful, swept away by the force of the flood,trate had said I however, am of the man had, therefore, accepted the moner subtle
The learned Magis otherwise would have been the ease. The fear. Opposed to her, is one of the most sourceful, adroit and absolutely without
The flood in the West River is rapidly was. non-undertaking to do, or omit We remit the case back to the Magis the entire world. The character is grip vledge that encompasse increasing owing to heavy rains during to do, ang act contrary to his duty as trate." the past few days. The crops have been rules of honesty and integrity within the before him, the case comes within the novelty of daring of these feats, is far such public servant, or contrary to the opinion of the Court that, on the evidence sa for stunts the new production, in the added his lordship, with the pingly portrayed by Warner Oland. And affected.
meaning of the said Ordinance, and I section of the Bribery Ordinance” -
to Canton
ÇARK CANDOG PARLIAMENT.
are
A large number of Northern M.Es expected to rose to Caulon shortly. For "this purpose 206,000 has been paid to the Parliament. The Canton Parliament i expected to be, no opened with a quorum next month.
THE FLOODS.
have been repaired.
.
dismissed the cruise.
The Chief Justion: I-do ant want to
Hear that
UNOFFICIAL POSTMEN
egal, two Chinese, who arrived in the At the instance of the Postmanater-Gen- Colony on Thursday on the B.. nitong, were charged with having brought letters to the Colony from Swatow.
prople da
One of the
defendants was found in possession of 17 letters addressed to and the other in
in He read separately. The words: To possession of My addressed to people contrary to ong and Saigon, whither he was
influence the conduct of such; public ser- vant were distinct from
VICTORIA THEATRE'S ENTER- PRISE.
pared by the Victoria Theatre manage An excellent programme bae been pre- ment for Sunday night. The third and fourth episodes of The Lightning Raiderrill be screened, and the Manila trig band front the Venezuela will dis- court wicctions of music In "The
(opinion that the undertaking in question as a brief Oriental minds,
ahead of all others..
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