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WORLD

Hongkong's Most Modern Picture Palace.

THE HONGKONG DAİLY PRESS, THURSDAY, MAY 47, 1922.

THEATRE

Entirely Under British Management.

TO-DAY at 5.15 m. and 9.15 ..

"BARE-FISTED, GALLAGHER"

Robertson-Cole Production Features

WILLIAM DESMOND

in Rollicking Cowboy Role..

230 p.m. & 7.15 p.m.

The World's Greatest Dara-Devil of the Screen CHARLES HUTCHISON in "THE WHIRLWIND "

Episodes 1. 2 and 3

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LAW IN PRACTICE,

WHAT IS A RIOT?

SOME KINDRED OFFENCES.

(A LEGAL CORRESPONDENT IN

THE TIMES. "}

In a case heard by Mr. Justice Shearman a few weeks ago the plaintiff successfully claimed compensation from the Receiver of Mitropolitan Police out of public funds, in other words because a considerable part of the woodwork of a derelictand dilapidated house was used as fitel for bonfires in the Peace Night estivities of June 28th, 1919, and on the evidence before him the Judge came to the conclusion that there had been, a "ript" in the legal sense of that term. He appears to have arrived at that decision with some hesitation, and owners of property shouli by no means draw from his finding i the conclusion that any and every merry making in which damage may be done will entitle them to compensation under the Riot (Damages) Act, 1886.

The term "riot" includes two distinc ffences. To constitute a rint at Commen Law, which was the offener proved in the cuse referred to, there aro fire neregsury elements :-

(1) A number of persone, three at least ; (2) common purpose; (3) execution or enception of the common purpose: (4) an intent to help one another, by force if necessary against any person who may oppose them in the execution of their common purpose: (5) force or violence not merely used in demolishing, but dis played in such a manner as to alarm ut least one person of reasonable firmness and courage. (See Field . Receiver of Metropolitan Police, 23 The Times L.P... 730; 1007] 2 K.B., 853.)

If any one of these five elements is absent i

it is not a riot. If they are present it is a riot, whether the common purpose in itself be lawful or unlawful, unless the case is one where the law authorizes the use of force, us, for example, if a number of persons collect for the parposé of sup. pressing a riot actually in progress. It imay further be observed that the common purpose must be of a private character, such as forcing a particular employer to give better conditions to his workpeople, or the removal of obstructions to an alleged right of way. If the common purpose be of a public character, such as to compel the Government to change its policy, or to destroy all rights of private property, the offence is not riot, but high treason by "levying war."

THE TEMPER OF THE CROWD,

It is ou the question of violence causing alarm that claims for damages for riot are: apt to break. down: for on necasions of public rejoicing a crowd may become noisy. And even destructive and yet remain perfectly good tempered, so that no reasonable per son would be alarmed at their demonstra- tions.

Kiot at Common Law is a misdemeanour, punishable by fine and or imprisonment. Under section 1 of the Riot Act. 1714, riot in certain circumstances is made felony this felonions rioting was origin- ally a capital offerce, but is now punish- able by penal servitude for life or any less term. Te constitute the, offence there must be at least twelve persons" riotously and tumultuously assembled together to the disturbance of the public peage"; they toust continue riotously sul tumultuously toge ther for one hour after the proclamation in the King's name (commonly called "The Riot Act") ordering them to disperse has Leen read by a Justice of the Peace or other authorized person.

Demolition of houses or other buildings by rioters is also a statutory felony punish- able with penal servitude for life, whether the riot be at, common law or under the Riot Act, and for damage not amounting to demolition seven years' imprisonment may be awarded.

UNLAWFUL ASSEMBLY AND RIOT. Sech, in its board outlines, is the English law as to riot: But persons contemplating the execution of a common purpose may be guilty of two lesser offences, which are deserving of a passing notice. The mere assembling together of a number of persons in circumstances calculated to endanger the public peace is an "anlawful assembly". punishable as a comin in law misdemeanour with fine und/or imprisonment. Internediste between unlawful assembly and riot is the offence of "riot.”..... An unlawful assembly becomes a rout when a motion is made towards the execution of the common pur- pases it is a riot," complete except for the execution of the purpose...

The four stages of the rioter's progress may be made clear by an illustration. At 6 p.m. A, B, and C meet and arm themselves with axes and crowbars and say, "We will go and smasi D's new factory." That is an unlawfal assembly; it remains an unlawful assembly daring the preparatory process of filling themselves with Dutch counge and Govern- ment ale at the nearest pablichouse. But when, at p... ty start to walk to D's premises to carry out their design it becomes arout, and continues a rout through the intermediate calls for fresh supplies of Datch courage. “Arrived at D's factory at 8p.m., the first blow is struck and, asedim- ing their demeanour shows an intention to resist interference by force and is calculated' to alarm oven one reasonably courageous person, the rout has become a common law riot. By 9 pm, nine other men bayc joined in the destruction. A magistrate may now "read the Riot Act," and at 10 p.m. the 12 rioters, if they are still making merry with D's property, become statutory rioters and guilty of felony. But if one has by that time thought discretion the better part of valour, the other 11 cannot be charged with the felony.

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GRAMBERLAIN'S PAIN-BALM

A LINIMENT For External Use Only,

FOR

BHEUMATISM

NEURALGIA, BCIATICA,

|LAME BACK, LUMBAGO,

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↑ Sprains, Bwellings and Langan,

SORE THROAT,'

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23-6

REGISTERED

FOUCAULD

BRANDY

RUM

PARIS 1900

LUCIEN-FOUCAULD&f

"ESTP 1847 AT

INDO-CHINA

STEAM NAVIGATION COMPANY, LIMITED.

D

SAILINGS, SUBJECT TO ALTERATION SHANGHAI via SWATOW KOBE via SHANGHAI MANILA- SHANGHAL...

BANGKOK via SWATOW... HAIPHONG vis nUIHOW TIENTSIN

STRAITS & CALOUTTA SANDAKAN

STRAITS & CALCUTTA CALOUTTA LINE

B.

daylight

5th May,

5th May, 3p

8th May, daylight

Noon.

WAISHING ...Thursday, 4th May, Noon NAMSANG YUENSANG"

...Friday" ...CHOYSANG" ...Saturday,

Tassday, ...YATSHING"

FAKSANG Wednesday, 10th May, 10. "CHEONGSHING* Wednesday, 10th May, Noon. ...KUMSANG" ...Thursday, 11th May,

*** * MAUSANG” ...Tacsday, 16th May, Noon.. ...KUTSANG* ...Wednesday, 17th May. 3 p.m. This Line" affords regular mailings to Calcutta, Fenwag d Singapore; returning from Calcutts steamers proceed vis Biraits and Hongkong to Japan, ocasionally calling at Shanghai. All steamers have excellent paronger accommodation, fitted with lestele Light" and Fans and carry a fully-qualified

SHANGHAI LINE Hometimes calling at Swatow. Through Haksta o

pproximately every three days between Canton and izmed ta

be obtained and through Bill of Lading are Northern and Yangisse Ports via Shanghal

MANILA LINEA weekly service is maintained with Manilla by rossois with good

HAIPHONG LINE, 42senzor socommodation, salivage from both ports every Friday.

BURNEO

approximately weekly

for

offer

at Hoihow when inducement of angers and cargo

to and from Sandakan by two 1,000 to

LINK GANG" and L. MAUSANG" bath steamans

steamers

having excellent, pamonger accommodation. Cargo bakan a

of Lading for Kudat Jesselton, Labuan Tanse through Bills of and Lahad Data. TIENTSIN LINE-A regular sorvien la ran from March to November beiweka

Hongkong and Tienda, calling at Walhaiwel and Chofes BANGKUK LINE-A weekly service is provided between Hongkong and Bangkok,

meamers fitted with up-to-dato paseonger. ria Sestow, by ive Locommodation.

CALCUTTA

3.S.

LINE

“ KUMSANG” will be despatched on or abour Thursday, 11th May. at 3. p.m., for SINGAPORE, PENANG

& CALCUTTA.

Through. Bills of Lading issued te RANGOON, MADRAS, PORT SWETTENHAM and DUTCH EAST INDIES.

For Freight or Passage apply to

TELEPHONE NO. 215.

Jardine, Matheson & Co., Ltd,

GLEN

GENERAL MANAGERS.

AND

SHIRE

Joint Service of Steamers,

|U.K.-STRAITS, CHINA & JAPAN SERVICE.

M.V." GLENIFFER" S.S. RADNORSHIRE" M.V. "GLENBEG"

Versa

M.V." GLENOGLE” M.V."GLENAPP"

M.V. "GLENGARRY"

OUTWARD..

HOMEWARDS,

Leaves Hongkong

Due Hongkong

9th May.

29th May.

17th June

Disobarge

... 4th May, GENOA, LONDON, ANTWERY & HAMBURG,, ...2nd May, GENOA, LONDON, Rotterdam & Bakboro,

9th Jane, LONDON, BULL, ESTERDAM & HAMBURG

S.S. "CARNAVONSHIRE’.... 9th Jane, LoxpON, HULL, Botterdam & HakeURI.

Movements are subject to change without notice.

Per freight or farther particulars please apply to:-

Jardine, Matheson & Co., Ltde The Glen Line, Ltd.,

Telephone No. 115 sub-ez, 33 and 3696

Cable Address

· Kawakison, Kabe.

Bentley's ABC ban

and Boats's, Codes, "

KAWASAKI

KISEN

AGENTS

Telephone deanamby

(KAWASAKI STEAMSHIP Co.)

TAPITAL PAID-EP

GOLD MED

NEW

1989

LIQUORS

| COSNAG-FRANCE

AGENCY OFFERED.

RA: 8953.

KAISHA

X20.000.000

President: Mr. Y. KawasaZI. Vice-President: Mr. K. MatsxAZA. Managing Director: Mr. Masara Ax3] ̈

iza Company has on hand alLargo Number of

CARGO STEAMERS

ALWAYS READY FOB.

CHARTERS of a descriptions.

The following are comprised in the Company's fiest

Eleven steamers of 9,100 tons each deadweight:

And under the Company's Management pan

Twenty steamers of about 9,100 tons deadweight each. Two steamers of about 6,400 tons deadweight osoki

(Belonging to the Kawasaki Dockyaě Oo., Lbilă.

sther articulars cipoły to Esa-

KAWASAKI KISEN KAISHA.

· BaTM%, Burn( KORA

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