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THE HONG KONG DAILY PRESS, MONDAY, JUNE 24, 1929.
EXTRADITION LAW
DECISION.
"BOGUS SANITARY INSPECTOR.
MAGISTRATE'S REVIEW OF GORDON (ALIAS BELTRAO)
LOCAL CASE.
FUGITIVE COMMITTED TO PRISON.
SENT TO PRISON.
MAGISTRATE REFUSES TO
BARGAIN.
Joseph Heary Michael Gordon, Mr. E. W, Hamilton gave his decision on Saturday in the case alias Jose Henry Beltrap, of in which the Canton authorities are Portuguese nationality and living seeking the surrender of a Chinese at 21, Temple Street, Yaumati, who is wasted for alleged robbery was convicted by Mr. T. S. Whyte- and kidnapping in the Tse Kam Smith at Kowloon Magistracy on Saturday of obtaining money with District in 1996.
intent to defraud.
The case had occupied a number
Defendant represented himself as of sittings and Counsel for the defence had contended that the a Sanitary Inspector and obtained a foreman super fugitive should not be surrendered 30 cents from merely on the part of prima facie vising a house under construction case against him, hat that his guilt in Sai Yeung Chei Street, Hong bad to be established. Mr. Hamil-Kong. ton's decision is set forth below:
The Requisition.
In this case learned counsel, has raised two points of law and one of fact as I understand him. He first argues that the proceedings are bad owing to the late arrival
At the previous hearing defen dant pleaded not guilty, but at the resumption of the case on Satur day, defendant admitted the charge and asked his Worship if he would accept a bond of $500 for his good behaviour for one year.
Magistrate: No, I'm not going
REVOLVERS FOR F.M.S. POLICE.
CHANGE IN POLICY.
USELESSNESS OF RIFLE AT
CLOSE QUARTERS.
An indication of an important change. of policy in the F.M.S. Police is given in an interesting article by a writer signing himself Apostle in the Malayan Police Vagazine.
With the inclusion of revolver work in the training of all recruits, he writes, and the arrival in the store of a large number of .39 re-
at very' volvers, it really looks as long last the revolver is going to take it proper place in the F.M.S. Police as the weapon par excellence for a policeman."
For far too long we have accepted as the only proper equipment for a
Cor purely military purposes. policenzan, arms which were evolver Thank goodness, a change is, here.
It is entirely true that at the inception of this Force we were a purely military body, but this state of things exiated such a long time ago, and was of such very short duration, that one cannot call to mind any officer now serving who hand knowledge.
of the requisition and order from to bargain with defendants in the can speak of those times with frat
H.E. the Governor. In point of received. fact, a requisition was and the consequent Governor's or-
der and certificate were produced, and the order to the Superinten dent of Prisons was issued before any depositions were taken except for the formal evidence of arrest given on March 20. It is true that this requisition did not specify the which the particular crime. Crown proceeded, but in my opinion this point is covered by the dictum of Manisty, "You find the facts in not in the the depositions, and warrant."
Or
bax."
Handicap of Military Tradition. But whatever happened in our murky past, we ought to have out- grown this handicap of a military.
Asked if he had anything to say for himself. defendant replied that he had nothing to say heyond what he bad said at the previous hear-tradition long sinee. Whether it was that this tradition proved too ing, that he had gone to the place strong to be quickly overcome, or in connection with two stools which whisper it--whether a spirit of tid pa way responsible, the were being made for him.
fact remains that only in this year of grace 1999 has a Commissioner dared to insert in his annual report a paragraph-not too easy to find perhaps containing a hint that what is best for Tommy is not neces sarily the very best thing for Bobby.
An Unlikely Story. His Worship remarked that be could not believe that, that neces- sitated defendant's presence at the place often
Seriously though, if one discards tradition and looks at this matter of weapons without bias, one can- os help admitting that the rifle
for defence. and that the revolver is the weapon
The fact that when defendant had gone again to the place and bad Even however if this was insuf-refused to tell the accountant his ficient a correct requisition arrived"special" business with the fore-is essentially a weapon for offence before the case for the prosecution man because the latter was not had closed. On this alone I bold there, showed that there was some. the proceedings are good, on the authority of a judgment of Mr. Justice Wood's in the case of Un Kin and Un Fat, fugitive prisoners, which clearly upholds the point.
Lo doubt but I therefore have that learned counsel's submission on this ground muzt fail.
"On Proof of Guilt."
the of
It was furthermore submitted that in the preamble to Ordinance 7 of 1889 the words "on proof of their guilt require stronger evi- dence that that which would justify the committal
fugitive criminal for trial at the Supreme Court if the crime of which he was accused had been committed in the Colony. It is an old point. In the above quoted case Mr. Justice Wood clearly sets this aside.
The Photographs.
thing odd about defendant's visits. His Worship said that he held that defendant had pretended to be a Sanitary Inspector. Not that de- fendant used the exact words Sanitary Inspector" but that he had indicated he was in charge of drains and dirty water. His Wor- ship also held that the 30 cents was in the way of a bribe.
Defendant remarked that he had only asked for a loan of 30 cents and the foreman gave him 50 cents.
Unsatisfactory Record, "
handed Inspector James
the Magistrate defendant's police re- cord which showed a conviction in 1919 for "false pretences" under! the name of Jose Henry Beltrao.
Inspector James also told his
em Worship that defendant was
.Accepting that, inquire how often a policeman needs to act on the offensive-then hand your riffe into store for transmission to the special squad.
If you still believe in "The army right or wrong" then carry your awkward eight pound adornment on a ten mile patrol, and let me have my easily packed two pound re- volver; if you return-as you will- tired, and as you still may be unconvinced, then see who slings a shot the quicker into a man-sized target at five yards.
The Minimum of Force."
If you are still unrepentant, find) and set up a slippery thief for each of us to arrest with the minimum of force necessary, and see what a darned nuisance your long spouted thing is
If you are still so hide bound by tradition as to be even doubtful any I have therefore solely to be.
longer, it is but right and proper governed in my action now by
you should endure a last test-arm Section 10 ss. 1 of Ordinance 7 of 1888. Let me adce more repeat 1ployed in the Sanitary Department with butchers' axes or parangs u as a foreman from November 18, couple of really vicious lunetien or am not here to judge the fugitive.
Hea pair of determined gang robbers I have but to decide whether or no 1927, to March 31 this year. there is a prime facie case such as was dismissed because his services-just one for each of us, and see
were unsatisfactory. Inspector "me attend your "military style would, he sent to the Sessions in a
James added that he was present funeral. Yes I agree your long ocal committal case.
when defendant was searched after spouted friend will make a better arrest and that a Sanitary inspec show in the hands of the ring party I will first deal with the questor's cap badge was found in his than my revolver, and that reversed rißes are more effective looking than tion of the photograph. It is of pocket. a twofold nature. The fact that the -Crown witnesses had seen a photograph up country, disposes of the identification parades. But this to my mind is of no importance. The witnesses were not identifying chance-een stranger, but a man who had lived mest of his life in the neighbouring village and whom
Defendant asked for leniency be cause if sent to prison he would lose all the furniture at his flat.
The Magistrate imposed a tence of three months' imprison rent.
(b)
He
they knew well. If I believe them He had known him 10 years. at all, I believe their identification, Lo Kam Shau who was also robbed Again on p. 251 of Clarke on and kidnapped by Ip Tim. Extradition it is stated The lives in the next village and was Magistrate must first be satisfied eight days a captive in ip Tim's that the person brought before him house. fer Lo 6an Sam who was is the person against whom the robbed. He has admittedly known This Ip Tim all his life. He corrobor- foreign warrant was issued. is the foundation of his jurisdicated the "constable in toying no (3) Wan Po & tion, . In this case the re- photo was taken. quisition corresponds to the foreign chance visitor to Shekmakok and warrant and whom does it name (e) Wong Chiu a farmer who was Ip Tim. But the fugitive himself in the fields near Shekmakok and admits he is Lp Tim
saw fugitive whom he knew,
2
any conceivable pretty pretty with a revolver. I grant all that, and sincerely hope your next-of-kin will extract as much mournful pleasure out of it as may nearly make up. for your loss.
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YOUNG FISHERMAN THRASHED.
FATHER CAUTIONED BY BENCH,
As for you yourself; when you A Chinese was charged before have arrived wherever policemen
[9]
NEW STREET NAMES.
IN PRINCE EDWARD ROAD DISTRICT.
The current number of the
Gazette contains the following list of new street names:--
Boundary Stret. Street commencing at Nathan
are welcomed, you'll have lots of Mr. T. S. Whyte-Smith at Kow time in which to ponder over the loon Magistracy on Saturday with quick draw, or, if you were in- cruelty to his little son, age 6. It conceivably quick with your pet, was stated that an Indian con- on the lack of stopping power of stable came across defendant beat Square, being a continuation of a .303 nickel bullet as compared ing his son with the handle of a Boundary Street, in an easterly with the .38 or .45 lead. bullet.
11
Be Warned in Time,
feather duster, the hitte fellow's direction and terminating at its hands being tied in front of him. junction with Prince Edward Road:
Embankment Road. Ead not the constable interfered Be warned in time what"
the boy probably would have been policeman needs in a weapon on severely injured: practically every occasion, Bre speed, handincan and portability,
Street commencing at Prince Edward Road on the S.W. side of adjoining and running parallel to the Kowloon-Canton Railway in a north-easterly direction and minating at its junction with Boundary Street.
teru
Knight Street, Street commencing at Prince Ed on the east side of Embankment ward Road, bring the first street Road, running in a northerly direc
with Boundary Street, tion and terminating at its junction
Duke Street,
Defendant said that his son was and the revolver has the rifle very naughty. He had to school in afternoon during Suramer beaten hollow every time.
Of the course there are revolvers and months, and he would go to the Who to Bellove7 No Witness Produced.
revolvers-I put in the latter Kowloon Godown, Wharves to fish.
Defendant was afraid that his sod! Now I know none of these wit class the horrible old "Bull dogs" The only point in the photograph
that morning the boy, came home question is the question of whether Desses. Nor do I know either fagi- with which probably for safety's would get drowned, and in fact, it wa taken after arrest or no. tive or his two witnesses who pur- wake, we used to arm our gang with his trousers wet. When his port to prove a complete alibi, or robber-detectives. I refer to the If that had been proved, the cre dibility of the Crown witnesses his two witnesses who say two things which used to disintegrate mother attempted to scold him he But they were fought and kicked her. He was would have been hopelessly shaken. Crown witnesses are not what they at every shot. But it was not proved. It seems pretend to be. It is quite obvious "brani" blokes, those old detec obliged to tie him up so that he
not as could not struggle. clear that on May 29 the defence that one side or the other is foully tives, even they were
In reply to his Worship, Inspector: I see nothing however brainy as the modern lot. I won- knew of a photograph but did not perjured, know of the suggestion that it was that leads me to decide which side der how many of the present James remarked that it was most Street commencing at Embank bunch would calmly collect, the unusual for a Chinese to tie his ment Road being the first street taken after arrest until the re- is obviously perjured.
Boad, running in an easterly direc examination of Lo Kam Shau by It therefore appears to me per- extractor rod from one part of son up and beat him in that man on the north side of Prince Edward
the range, the shield thing from ner.
tion and terminating at ita junction Mr. Andrewes. But even there fectly clear that there is such a
His Worship commended
with Knight Street. after they made to attempt, as for case as would lead me to commit another, extract the cylinder from
the the winded Q.O.P.D.'s tummy Indian constable and said that he to
with as I know, to produce witnesses of the fugitive for trial
grim determination had done quite right to interfer this though at that time they must Bupreme Court were this a local and
carry on to the bitter twenty and that he (bis Worship) was very have been available. There is no committal case. evidence whatever that the photo- I therefore commit the fugitive fourth cartridge, and then look a graph was taken at Au Tau. Two to the jail to await the further virgin witnesses, a constable and Lo San order of H.E. the Governor, and as (bulls) eyc. Som hové sworn it was never taken. directed by Section 10 Bab Section The evidence for the Crown 2 of Ordinance 7 of 1889, I hereby even omitting Wong Nam on the inform him that he will not be sur
cers of his ath--(apil I really do rendered until after the expitation weer by 1.should consisted off of 15 days from ife dave of statements of (4) La Wa who was committal and that he has right robbed and kidnapped hy Ip Tim. to apply to the Supreme Court for
a writ of Habeal Corpus, (Oontinued on next Golumn).
"
the
Waterloo Road
Street commencing at Argyle Street being a continuation of Waterloo Road in a northerly direc tion and terminating at its junction with Prince Edward Road.
target straight in the glad that he did.
Addressing the defendant, his But don't let this reminiscence Worship remarked that every par of the "good old days" put you ent had a right to inflict a certain off, for you Dow stand a good amount of chastisement, but his chance of getting a serviceable Worship rather thought that defen weapon learn to use it, and i dont was overdoing it. "You must naughty. You haven't brought him babae you'll probably live be very careia et It is unwell" mid the Magistrate as
possibly your own fault if he
dichangre dëlchrane long enough to get away with a pension.
(Continued at foot of nezi column), caution.