THE BONGKONG DAILY PRESS, FRIDAY, SEPTEMBER 24TH, 1926
Autumn is near
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OPIUM WORTH MILLION
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RUPEES.
FURTHER ADJOURNAMENT. OF LOCAL MERCHANT'S "CASE.
PROTEST MADE BY DEFENDING
SOLICITOR"
• IN CONSTANT FEAR OF
DAMUCLES' SWORD."
A PREACHER'S CLOCK:
STALL-HOLDER CHARGED WITH RECEIVING STOLEN
PROPERTY.
A Chinese Christian preacher, named Chan Lai Man, of No. 79, Sai Tän, was the prosecutor in a case which came be- fore Mr. J. H. B. Nihill at the Kowloon Magistracy yesterday. He appeared to prosecute a licensed stall-holder of Kow. loon City, charged with receiving a dressing-room clock,, knowing it to have been stolen or unlawfully obtained.
The defendant pleaded not guilty, and stated that he had purchased the clock.
Sergeant Kennedy said that the com- plainant, his wife and child, retired at
I am on the 19th inst., but Mr. Chan
The case in which Chan Cher Chiu, proprietor of the Kwong Hing Loong Firm, of No. 10s, Dea Voux Road Cen- tral, is charged with being concerned in an alleged attempt to nid and abet in the smuggling of epium, "was again meo- tioned before Mr. R. E. Lindsell at the Central Magistracy yesterday.
When the case first came before the court it was stated that a million rupees' worth of opium was aboard the Chinese) ship Philadelphia in transit from Persiard. The following morning, the loss was to China and the plans were, that junks reported to the police and on Wednesday were to be awaiting the ship at Macao afternoon, during enquiries conducted by Chinese detectives, the article was found at the defendant's stall, which is im- mediately behind the Police Station.
to receive the drug.
The case has arisen from certain books
and documents seized in the possession of the defendant by Senior Revenue Officer Watt and Revenue Officer Ward.
Mr. J. D. Lloyd (Superintendent of Imports and Exports) is prosecuting, and Mr. MK Lo is appearing for the
defence.
Further Adjournment Wanted. Last week the case was adjourned to allow the prosecution time to investigate the account books, and decode cables which they had received from subpoenaed witnesses at the last hearing. This is the third remand in the case, and the fourth week in which defendant has been held. When the case was called yesterday Mr. Lloyd applied for another adjournment in order to complete the investigations. etc., into the account books and cables. This application was subjected to strong protest by ir.. Lo on the ground of the length of time the case had now been in hand. Referring to the constant adjournments, Mr. Lo said "that the defendant was put into constant fear by this Damocles' sword banging over his bead."
I
Mr. Lo also again referred to the pró- cedure in calling subpoenaed witnesaça to give evidence before the prosecution had stated its case, a matter which he pro- tested again at the previous hearing, sub- mitting that it was thprecedented and prejudicial to his defence.
i
awoke again two hours later. He went to another room to see the time and discovered that the clock had disappear-
The defendant informed the Police that the clock had been left with him as
security for 81 wörth of cakes and minerals which three men had consumed. They promised to return the following day (Monday) but failed to do so.
It was stated that the defendant was charged because of his failure to make and later to report the matter to the any enquiries before accepting the clock.
police when the man had not returned on Monday. There was also the fact that the clock was worth 88 or $10.
The defendant said that he received.
The man was a regular customer of his the clock without any criminal intention.
and he had no suspicions whatever.
The defendant WAS remanded until to-day for the magistrate's decision.
MARINE COURT CASES.
ELEVEN CHINESE SENT TO PRISON.
IGNORING THE QUARANTINE
FLAG..
At the Marine Court yesterday, before Lieut.-Commander G. F. Hole, R.N., cleven Chinese unlicensed hawkers were sentenced" imprisonment for one mouth with hard labour for boarding the A Tilawa on the 22nd inst., while the
[
Mr. Lloyd put in further charge verset was still ying the quarantine against defendant, remarking that he flug. hoped this would be the last one he would have to bring forward.
Mr. Lo was given a copy of this charge, together with the first instalment of the translations from the documents seized in the case, and he was told that others would be forthcoming as soon as ready, and before the case began
A Definite Date,
them, remarked that he intended to do Lieut-Commander Hole, in sentencing
everything he could to prevent cholera entering the Colony,
mooring in the Causeway Bay Typhoon Five boatpeople were charged with Shelter without written permission, and were fined $3 each. The master of a krading junk admitted that he was not exhibiting regulation lights whilst under way and paid a fine of $10.
I
Mr. Lo asked his Worship to fix a de- Snite date for the hearing and he also all this help and the repeated adjourn. asked his Worship to say that the pro- ments and time given to it, the prosecu- secution must be ready by a "certain tion were still not ready and stated that date. The case had been before, the hearing that morning. If another ad- they were unable to proceed with the
Court for three weeks, unless his recol- journment were granted, for all he knew lection was wrong. Last week he had to the centrary, dozen additional charges might again come up at the end already made his protest, and witnesses of that time, not to mention the possibili- had been called to give evidence before lity of another application for an ad- the prosecution had commenced its care. journment for the purpose of translat They would not have been allowed to doing another whole library of books. And so, if the prosecution had been ready by so the thing might go on ad infinitum. theo, bus since they had been called, be "I ask your Worship to give a de- asked if it was in a trial that the wit finite hearing of the inse. The transla nesats were called, and, if it was not, tions would be furnished by a certain then he repeated his submission that his date. Otherwise your Worship will dis- Worship shoud not have taken, the wit miss the case, that is what I ask your Desses at all, as a trial. An important, Worship to do," added Mr. Lo. constitutional point was involved.. | Mr. Lloyd said that it was not his fault Mr. Lo said he had looked up the that the prosecution was not ready. authorities since the last adjournment, With the work and number of cases he and had gone.cxtensively into the legal was called up to give attention to within aspect of the procedure, but in any case his department, both at Yaumati, and in he asked his Worship to state case, the Supreme Court, he could not give for, in spite of his Worship's ruling last as much time to this opium case as when week, to which he bowed with the great he had not to divide his attention and est respect, he did want ruling for confine it to one case alone. future guidance. He did not wish to repeat what he had said last week, or the reasons he advanced for his protest against the procedure, but, at all events, it did appear to him that opium prosecu tions could not be different from other prosecutions,
.
Held For Your Weeks,
The Magistrate: I am siraid 'I cannot help that, Mr. Lloyd. This man has been held here for four weeks.
Mr. Lloyd: I think the prosecution. should be given a reasonable time.
His Worship:-Is not four weeks a reasonable time? It would be five weeks; if I give another adjournment.
Mr. Lindsell later said: I will give you, Mr. Lloyd, one more formal remand. I think you should give Mr. Lo copies of documents by Friday. By that time it will have been five weeks since the man has been arrested.
"Sword of Damocles." Referring to the constant adjourn ments applied for by the prosecution, Mr. Lo went on to say that this was unfair for the defendant, who was put into constant fear by this Damocles sword hanging over his head. The pro- secution must be certain of the date, otherwise it was not fair to the defen- Mr. Lo I am glad your Worship has dant. If Mr. Lloyd had translations of expressed that view. I don't want to the documents: to hand to him, on his embarrass the prosecution, but I believe own part he would see to it as being his that all the time necessary for the transla own business to be ready, in the expectation. of the documents has been given. tion that, on his part, Mr. Lloyd would with this additional week's remand they do the same. In any case he was oppos will have had all the time necessary, even, ing any further adjournment. His Wor- if they want to translate the Chinese ship. Mr. Lo pointed out, was sitting classics. I cannot imagine that the between the executive and the ordinary rights of the public.
Mr. Lo said that the prosecution had its own way in calling witnesses, It had then asked for an adjournment, and was granted this application. It now had further charge to add. But in spite of (Continued on nezi Column.)
Government could be so poor off for translators. I, so, I despair for the Government in case Mr. Lloyd is over- worked and has to go on leave.
The afternoons of Monday, Tuesday and Wednesday a fortnight hende, were set aside by his. Worship for the hearing Tof the case.
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