Page
NO CRIMINAL OFFENCE. · CHARGE OF FRAUD COLLAPSES,
Mr. Lewis intervened early in the hear ing to say that the defence was that a 10 per cent, bonus was due to the defen dant and the money drawn represented the accumulated bonuses of several years; The prosecution alleged that the bonus: was overdrawn, but the defendant claimed
THE HONGKONG DAILY PRESS, FRIDAY, OCTOBER 14, 1931.
SECRET OPIUM FACTORY.
A QUESTION OF RESPONSIBILITY.
EXTRA
."
`TERRITORIALITY.
AND
BRITISH NATIONALITY.
[CONTRIBUTED.]
CORRESPONDENCE.
THE UNIVERSITY AND THE CHINESE HOLIDAY.
t
ΣΤΟ ΤΗΝ ΚΡΗΤΟΣ ΟΙ ΤΗΝ "ΠΟΥΟΧΟΝΟ DAILY PRESS,"]
Li Chak Heung, an elderly Chinese,
Mr. N. L. Smith, Superintendent of - who was arrested on warrant, and charg Imports and Exports, prosecuted before ed befors Mr. R. E. Lindell, recently, Mr. G. N. Orme, yesterday, in a caso
For the purpose of setting at rest any with having embezzjed," between 1907 and in which it was alleged that manufacture doubts which may exist in the minds of 1017, $13.783 from Li Yu Tin, trading of opium on a considerable scale had British residents in the Treaty Forts of
S18,-Having pointed out to the Regis ns the Wing Loong, of Swa:ow. and the been going on. The first defendant was Wing Hop. of Hongkong, an import and
China with regard to the status of their trar of the University his mistake, I export firm, was yesterday discharged, the man of 5 years of age and the other children and grandchildren, born in would have spared his feelings by re Magistrate declaring that it was a case was a frail and worn old man whose age Chins, it is advisable to look into the training from further discussion of the for the civil court and that there had. been no criminal offener
was given as 85 but who looked about history of the matter in so far as it matter "in the papers, but your corts- Mr. G. R. Haywood prosecuted and 40 years of age.
relates to the nationality of children born pondent in yesterday's issue- One, Who Mr. D. J. Lewis defended. The charge
Mr. Farebrother Mason, who tepresentabroad of British parents. was amended to one of fraudulent confet the first defendant, only, at the last
Knows Better"-forces me to renew the version of $8,000,
The question appears to have been discussion. bearing, now said he appeared for both defendants, He was prepared to plead raised so far back as the early part of
He accuses me of guilty on behalf of the second defendant the fourteenth century, when King Ed-
a deliberate, mis (the old man) who took full responsibility ward III. caused it to be submitted to statement when he says that "the Uni- for everything.
the nobles, prelates, and gentry of Eng-versity has not, in any previous year land, who unanimously expressed the granted a whole holiday on Republic. opinion, first, that the children of the Day," I emphatically re-iterate that King, wheresoever born, were necessarily there has always been a holiday on that subjects of the King, and, secondly, that day, and I challenge "One Who Knows jets ought to be considered entitled to trary. There are entries of those holi all children born abroad af English sub Better," to produce his proofs to, the con- inherit property in England precisely na days made in the diaries of students in if they were themsolves natural born various hostels and photos taken on thos English subjects Accordingly, the ceraians testifying to the fact Enough statuto 5 Edward 3 1 was passed, has been shawn of the groundless asser expressly declaring it to be law that tions of your correspondent, and I do children of the Kings of England, born not think it profitable to discuss further abroad, should be deemed entitled to
ONE WHO KNOWS. jects of the King (to use the original words of the statute), "Et endroit des We have considerably abbreviated this Mr. Smith remarked that the import-Autres enfantz. accordez est en co Parle-correspondent's letter.---Ep.] ance of the ease was not in any way com-
ment, qu'ils soient aussiat enheritez queu part qu'ils soient neez en le ser- able to the amount of opium found. Mr. Mason submitted that there was no
vice le Roi," case against the younger man. Nothing was found in his cubicle.
that there was stil} money due.
+
The Magistrate: He would like to, eh Mr. Mason suggested that, this being so, the first defendant might be dis charged. It was mentioned by Mr. Haywood, in
The Magistrate: It doesn't sound very the course of his opening, that the defilial of him to throw all the blame on fendant entered the Wing Hop firin about the old man. 30 years ago is a coolin on 830 per annum, and row to be manager with a salary of 8420 a year, board and lodging, and certain privileges.
In cross-examination. Mr. Lewis put it bankrupt some years ago and that he, and not the defendant, absconded, leaving the defendant to face the creditors. The complainant admitted having written the following pathetic appeal to his manager (the defendant):-
Mr. Mason: There is no relationship. Chief Preventive Officer Watt spoke to finding a considerable quantity of opium in the fat and, also, in a space formed by two partitions-one false-opium bail. and so on. In the younger defendant's cubicle was a pair of scales and a small quantity of opium.
to the complainant that his business went ing gear, solder for tins, 70 empty tina inherit; and, as regards children of sub/with such a writer,-Yours, etc.,
I have gone as far as the water will carry me and my way is stopped by the mountains. I am on the verge of hankrupty. formerly went in for Government monopolies, hut times and circumstances have changed and I lost $20.000 nr $30.000. On dyes, also, some profits were made at the beginning but later, owing to a fall in price, I have Just about $30.000 or 840.000.
Mr. Smith: Except illicit opiunt and a pair of scales.
Mr. Mason: One small pot for his own use. That daca not connect him with the rest of the stuff.
The younger defendant, giving evi dence, said the principal tenant of the In all my business transactions floor had goon to the country to visit have commanded respect hy ny sincerity tombs. He himself was only a sub- and honesty and I have looked upon tenant the scales belonged to his late my reputation as my Life No. 2 father, He knew nothing about the That is why, at the mooncake festival.opium. I took so much trouble and got together 84,000 and remitted it. by wire. My indebtedness is now so great, my com mand of money is now out of hand, and pressure for payment is tightening every day; with what face can I meet people?
Ishull. hereafter, loosen my hair and enter the mountains (become a hermit) and shall not dare to know the affairs of the world again. I hope you will say a good word for me to people and explain my difficult position to them. Say!
am not like the ungrateful bird" and I-trust people will take into
consideration the many years of busi- neas relations between us in which thers were never any misdeeds in my part and will pardon me,
I have cried out until my voice is hare and my strength is exhausted, but I am still without incans of meet ing the situation." I hope, people will exercise their compassion and not drive a man to a blind path (i.., against the wall).
After further cross-examiration, the Magistrate gave his decision, as indicated above, that the case was one for the civil * courts.
FINDING IS NOT KEEPING. COOLIE WHO FOUND A 1500 RING. A drain cleaner employed by the Public Works Department, was charged at the Magistracy, before Mr. R. E, Lindsell, yesterday morning, with the larceny by finding, of a diamond ring worth $500.
Inspector Ingham said that he found the ring in a pawnshop in the course of a search in connection with another caso, A Sanitary Board foreman was entered in the book as the person who had pledged the ring, and it was through this man that the accused was arrested. The palice bad so far failed to get a claimant for the ring.
Н
The accused said, that he found the ring while cleaning out a drain Staunton Street. It was in the bottom of the drain, under the grating. He did not know whom to give it to, so he gave it to the foreman to pawn.
Mr. Smith mentioned that the false partition was of very recent construction. The place had been specially adapted for the illicit opium trade.
The Magistrate told Mr Mason that the did not think the younger defendant could avoid taking some share of the responsibility.
JI
Mr. Mason disagreed and said tae case against the man was exceedingly siendor. The defendant had explained about the scales.
The Magistrate: I don't know that he has explained ther away, but he has explained them.
[TO THE EDITOR OF THE "HONGKONG
· DAILY PRESS,"}
No actual rights as natural-born sub- jects of England were, however, confer- red by this statuie upon any children SIB, un directed by the representa born abroad; and, although the reference tives of all the students of the Hostels, to children born abroad of English sub-to place before you the following facts jects in the service of the King would so that your readers might not draw appear to convey the meaning that such wrong conclusion from the letter of "Onu children were as much English subjects, Who Knows Better," of to-day's date at common, law, as if they had been born on English territory, that it possessed such meaning was very much doubted in later years by emigent authorities, who gave it as their opinion that only child. ren of English subjects born abroad, who were born in an Embassy or Legation were themselves natural-born English subjects by the common law.
In previous years we had whole holi- days for the National Anniversary of the Chinese Republic. This can be proved by :-
(1) Records in Roll Call Books of the
hostels.
.
(2) Records in Diaries kept by the
Undergraduates,
(3) 'Group Photographs taken it pio pics held by the residents of Lugard Hall ou Thursday, October 10th 1918 and Friday, October 10th 1914
This state of things rendered it neces- sary to make express statutory provision in favour of all other children born abroad of British parcata; and, accord- ingly, an Act was passed in 1709, 7
The students will be much obliged if Anne c. 5. which enacted that the child- ren of all natural-born subjects born
the anonymous writer will explain what out of the ligeance of Her Majesty her authority and reason he had for calling
eirs,
etc., should be deemed to be gest that the gentleman who signs natural-born subjects. Later, in 1730, anthem unruly. Moreover, they suggest Act of Anne (which, it was thought,reveal his name, because they consider Who Knows Better" should might possibly be construed in favour that a stab from the dark is not a very
I cannot help paying Geo. 2c. 21. was passed to explain that the gentleman who sig
attention to the character of the floor on which he was living,
Mr. Mason Your Worship is aware of the difficulty of finding anywhere to live in this Colony. No doubt the man ought to have gone away when he found what was going on but he knew the diffi- culty of finding a place to live in.
12
himself
of English subjects only), and enacting. that all such children whose fathers were, gentlemanly action.-I am, Yours, etc., or should be subjects of the "Crown of England or of Great Britain should he taken to be "natural-horn subjects of the, Crown of Great Britain”
J
natural born
Some 40 years after this "Act was The Magistrate. It has required great passed it was considered to be somewhat courage on your part to put up a defence unfair that the children only, and not for the
still, you have done so, the grandchildren, of a masi have to decisle how the responsibility British subject, if born abroad, should, should be allotted.
by reason of the latter fact alone, in- British subject; and, therefore, the Act herit the nationality, and rights, of a of 13" Geo 3 c. 21 was passed, whereby it was enacted that the children of all persons, who, by virtue of the At of British subjects, should themselves be Geo 2, were declared to be natural-born deemed to be such.
In reply to the Magistrate, C.P.O. Watt snid the old man was very quiet when the officers made the raid. The younger one did all the talking and bis hung on to the Chinese revenue officers. mother and wife fought like cats" and
one's favour.
Mr. Mason: That is in the younger The old man knew the game was up but the other was indignant at being wrongly connected with the" matter.
looking at it. certainly...
The Magistrate: That is one way of
Orme looked at it, for he fined the Apparently it was not the way Mr. younger man 82,600 or five months, ́and the old man $500 or one month.
A BURGLAR'S PARTNER. SUSPICIOUS EARLY MORNING WALK.
YUE MAN KWONG, Hon. Secretary, Hongkong University Union." The University, Hongkong,
October 13th, 1921.
SPORT
CRICKET.
HONGKONG C.C.. WOTS. REGT, The following will play for the Club 218-H. R. B. Hancock (capt.), T. E tomorrow (Saturday), commencing at Pearce, E. J. B. Mitchell, L. J. Davice, Thus, the grandchildren of a man who Webster, H. H. Benson, W. J. Hope, M. Capt. P. Havelock Davies, R. E. A had himself been born in the United Kingdom. in whatsoever country those. Watson, R. G. Edkins, and E. G. G. grandchildren
may have been, or might Lammert. fathers were, by statute. British subjects, be, born, provided that their respective themselves became natural-born British subjects. To carry it further, and make the lineal descendants of those grand- children, also British subjects, even if born of foreign mothers, in the civilized, country of adoption of their fathers, and of their immediate ancestors-speaking only a foreign language and to all in tents and purposes foreigners themselves was considered (and, undoubtedly, cor- rectly so considered) to be in the highest degree unjust, both to such foreign coun try and to the children themselves.
A Chinese was charged "before Mr. Lindsell, yesterday, with having been concerned, with another man not in custody, in a burglary at Winglok Street. But, the same thing might be said of The foreman said that he was short of The burglars stole $435 worth of clothing, the grandchildren of any man who had money and asked the accused for a loan. jewellery and money, and were about to changed his domicil of origin in Great The letter said that he had no money make their departure down the waste Britain, and had acquired a domicil of but gave him the ring which he said he water pipe when one of the inmates was choice in another civilized country, but had borrowed from a friend to pawn.nccused was arrested in Wingsing Street nationality by becoming naturalized as awakened and gave the alarm. The did not take the trouble to change his The Magistrata: Did you not feel: with 220 worth of property in his rosa subject of that other country. If that Huspicious that anyone should lend a session. The other man made good his diantad ring worth $500 to a drain escape with the major portion of the
The witness was advanced $50 on it.
coolie?
booty.
The foreman: I took his word for It.m., on Tuesday, he was in Wingsing
A Chinese detective said that about The Magistrate: Nonsense. I will reStreet when he saw the accused hurrying port you to the authorities and recon-alung with a parcel under his arm. The mend your dismissal,
(To the accused): You are guilty of
witness examined the parcel and found it Iarceny by finding. When you find any-
to contain a tweed suit, an empty leather thing, you must endeavour to find the wallet, and a pair of Chinese garters owner, not convert it to your own use.
As accused was unable to give a satis Sentence was deferred.
factory account of how he came to be in possession of the articles, he was taken to the police station.
The accountant of the shop described how the burglars' gaiacd admission. They semed to have visited every cubicle on two floors.
а
TRADE MARK INFRINGED.
The case in which a Chinesa named Chuck Lee, 64, Wellington Street, was summoned for having in his possession for sale or for the purposes of sale a quantity of printing ink to which a falee trade description had been applied, was again before Mr. R. E. Lindsell, at the Magistracy, yesterday. Mr. HL. Dennys represented the complainants, Mesare, Mander Brothers, of Mr. Dennys said the prosecution was Wolverhampton. prepared to withdraw the summons in consideration of defendant's undertaking to cease dealing in such ink. Defendant had also paid the complainants 500 com Messrs. Mander Brothers all the ink remation and was willing to give up to seized on his premises. The summons was withdrawn sccordingly.
man' married a native of such other coun- did the same thing, it might well be try, and, subsequently, his son by her
actually believe himself to be a subject Majesty Her heirs." etc.) as well as in of whose blood was British) would that his grandchild (one quarter only
of the country in which he was born. the Act of 1914, but the latter Act cx- His sympathies would unquestionably be.
"born out of the ligeance of Her
with that country, unless he had been brought up to know that he was
pressly provides that a child of a Bri- natural-born British subject and to con
tish subject, whether born before or after the passing of the Act, shall be deemed verse in the English language.
to have been born within His Majesty's For this reason, duubtless, it was allegiance if born in a place where decided by our Legislators, who passed treaty, capitulation, grant, unge, suffer- Aliens Act 1914 (4 and 5 Geo. V. c 17); the British Nationality and Status of an, or other layful means, His Majesty MONEYLENDING ACTION.
exercises jurisdiction over British sub- to realter the law by enacting that, s jects. regards a person born out of His ject born in China, where His Majesty LENDER LOSES THE CASE.
Consequently, child of a British sub- Majesty's dominions, only child whose Mr. H. H. J. Gompertz, resuming the before his arrest, he met a friend carry of the birth of such child, and whose
The accused's story was that, a little father was a British subject at the time does lawfully exercise jurisdiction over duties of Puisne Judge, yesterday, hearding a parcel. When he told his friend father either
British subjects, must be deemed to have a case in the Summary Court, in which that he wished to return to the country Majesty's allegiance or had become na
was born within His been born within His Majesty's allegi an Indian, moneylender, represented by but had no money, the latter gave him turalized as a British subject, should natural-born British subject born within ance; and, this being so, assuming that child to be a malo, he is himself a Mr. Jeo Longinotto, claimed 112 under the parcel to pawn its contents.
be deemed to be himself, or herself, His Majesty's allegiance with the result an 1.0.U, from a Chinese chauffeur.
For the defence Mr. H. C. Macnamara believe that. Six months' imprisonment, storing the law to what it was undor natural-born British subject, as must be The Magistrate: You can't make me natural-born British subject. Thus that his son, born in China, is also a called evidence to show that the 10.U. With regard to a second charge of to include the children of naturalized
the Act of Geo. II, though extending it is was given, not to the plaintiff, but to offering a bribe to the detective to re British subjects (as it had already been on, if bora in China; so long as is grandson, great grandson, and 80 transaction took place on a date other did not think it was worth while to go. 43,0 far as regarded tho children, Chian the plaintiff's brother, and that the lease him, the Magistrate said that be extended by the Aet of 58 and 19. Vict. Majesty continues to lawfully exercise than that mentioned by the plainti into it
jurisdiction ove: British subjects in -Mr. Macuamara explained that both the Inspector Lanagan said that he would ized British subjects in the service of the persons of either sex born in China
residing with them abroad, of naturel. plaintiff and his brother went in for not press the charge, but enquired what Crown); excluding of British nation whose fathers, at the time of their birth,
To put it, perhaps, more clearly: moneylending but only one of them-the should be done with the money.
however, from the plaiatif-was registered. He suggested The Magistrate recalled the accused,
ware British subjects also so born within and as within His Majesty's allegianco, that the registered brother handed the and on his admitting having given the
His Majesty's allegiance, have precisely I.O.U. to the plaintiff in order to induce money to the detective to let him go the defendant to pay up.
"because he was well known here, and His Honour found for the defendant wanted to save face," passed sentence of and extored judgment in his favour, a further six weeks' imprisonment with with costs.
hard labour.
ality the children, born abroad of rights and privileges, father who had also been born abroad It in these last words which are of the out of His Majesty's allegiance." utmost importance. They are used in the Act of Anne (the actual words being: (Continued at foot of sirxt column.)
if they had themselves been born, and the same status, as British subjects, as
before them. had been born, in British se if their fathers and grandfathers
dominions.
LANE, CRAWFORD'S
MENS WEAR DEPARTMENT -
EARLY AUTUMN WEAR
Spells of uncertain weather are '80 prevalent during October that consideration in respect of Early utumn Wear is an urgent necessity if one is to be properly equipped to withstand all weather vagariés.
LANE, CRAWFORD'S
SPECIAL
DISPLAY
DURING
1
OCTOBER
of Seasonable Underwear Hosiery, Pyjamas, Shirts, Dressing Gowns and Overcoats will be worthy of inspec tion. A very fide rangs of Footwear is also available coupled with an ex- ceptionally attractive selection of Lincoln & Bennett's Hats & Caps.
'Reliable goods at competitive prices.
LANE, CRAWFORD & CO.
MANDER BROTHERS
OLSINA
le dernier mot
In
WATER PAINTS
Particulars and shade baiks on application.
SOLE AGENTS.
LANE, CRAWFORD & CO,
Tel. 1741.
SEE
HONGKUNG
ANDERSON'S WINDOW
FOX-TROTS
FOR THE LATEST
ONE STEPS
16 DES VOEUX ROAD.
WALTZES
Powell
TELEPHONE 3148,
10
GENTLEMEN'S OUTFITTERS.
FOR SPORTS WEAR
SWEATERS
SHIRTS
we have a good selection of
GOLF HOSE
CRICKET BOOTS GOLF BROGUES MUFFLERS.
BOOKS
TWEED HATS CAPS
DOUBLE TEBAIS.
SPORTS COATS.
WHITE and GREY FLANNEL TROUSERS WE INVITE INSPECTION.