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THE HONG KONG DAILY PRESS, WEDNESDAY, FEBRUARY 12, 1930.
IRREGULAR RAID BY ROUND THE COURTS. REVENUE OFFICERS.
ACQUITTED OF SERIOUS CHARGES.
THE LETTER TRICK."
When a Chinese appeared before Mr Whyte Smith yesterday on & charge of trying to obtain $37 from A woman by false pretences, it was A HINT TO THE DEPARTMENT. stated that Mr. Hin Shing Lo was representing defendant, and wished for a remand.
At the Central Police Court yes- terday Mr. E. W. Hamilton dis missed the charges brought against four Chinese Revenue Officers, of demanding money with menaces, and with stealing money from two Chinese during raids carried out, it is alleged, without departmental coquizance.
The Magistrate, while giving the defendants the benefit of the doubt, remarked, to Mr. D. Lloyd, Superintendent of Imports and Ex- ports: "I hope you will deal with this departmentally."
Mr. F. X. d'Almada appeared for one of the defendants, and Mr. F. X. d'Almada e Castro, Jar., ap- peared for the other three.
MAGISTRATE'S DECISION. Mr," Hamilton said:. "It is common ground that the four defendants with Revenue Off- cer Dunlop, proceeded early on the morning of December 29, 1929 to
thence to Shaukiwan;
Tsang Kwan's hut by the quarry, and, after an interval, to Teang Tan's hut in Chai Wan Taai.
It is admitted that there was no warrant and that the raid was this reason, and irregular for because of Departmental routine which demands that before raids "instructions must be given by the Senior Revenue Officer available.
It is arguable that this method of procedure. by the defendants tends to throw a sinister light on whole set of events,
Zeal of Recruits.
To this the defendants reply that it was zeal, and point to the fact that all, except the fourth defendant who, was pressed into the service later, had but recently joined the force. At any rate, I do not believe that there was a premeditation of robbery, when they had laid the information, as they could not possibly know that K. O. Dunlop would not report to an experienced officer. No. definite light is thrown on this case by this point, in my opinion.
His Worship adjourned the cass till next Tuesday, granting bail in the sum of $500,
It was stated that the false pre- tence were the letter trick." The defendant produced a letter pur porting to have been written by the woman's father, saking for the sum mentioned.
:
"NONE SO DEAF-!"
Twelve months imprisonment was the sentence passed on a Chinese by Mr. E. W. Hamilton, who returned to the Colony after having banish- ed for life on November 18, 1920.
Defendant was questioned whe ther be asked the Court interpreter to explain the sentence to him on that occasion but he replied in the negative, saying that he was deat and could not hear anything.
Sub-Inspector Vincent who wa in charge of the case said that the man was confusing that sentence with a previous one, when he was 1015. banished for five years in When the returned, a new warrant was taken out against him and be was then given a life sentence,
EXTRADITION PROCEEDINGS
"WAIVED.
A
YOUNG BOY "LED ASTRAY,”
At Kowloon Magistracy yester day, Mr.. Whyte Smith bad before him two Chinese lada aged 14 and 12 respectively who had to answer a charge of stealing a copper pan, belonging to the Cafe Pavilion, 96 Nathan Road.
The younger of the two said that be took the pan because the elder one asked him to. He had only known the boy a few days.
His Worship ordered the first boy to receive twelve strokes of the cane, and the younger and to re- ocivs six.
THE QUESTION OF POSSESSION.
The three Chinese, remanded on charges of the unlawful possession of 42 taels of none-Government opium at 589 Canton Road, måde a re-appearance before Mr. Whyte Smith "yesterday. Mr. Leo D'Al- mada, sar., was for the first two, and the third, was represented by. Mr. G. 8. Hugh Jones.
All three pleaded not guilty.
There was conniderable argument regarding the question of possession after which the case was remanded for a week in order that their land-
might be present in Court lady, who is at present in Canton,
WITNESS WARNED BY MAGISTRATE,
"Did you read the subpoena ?" asked Mr. E. W. Hamilton of Mr. G. W. Cooper, of the Dairy Farm, who appeared at Central Magistr acy yesterday to explain why he was not present in Court when cal. led as witness in a recent traffic case.
Mr. Cooper answered in the affir- ative, saying that he thought it somebody else in the case appeared, there was no need for him to do
80.
Mr. E. W. Hamilton made formal order of discharge from the custody of the Court yesterday, when it was stated that Leo Bun. Cheong, the Straits Chinese, who is
His Worship warned Mr. Cooper being held on a charge of embezzle-
that a warrant could be issued for ment of monies in Singapore, has his arrest straight away and warn waived extradition proceedings ined him not to do it again. It was a matter of gross contempt of stituted at Central Magistracy, and
concluded Mr. Hamilton, has agreed to return to Singapore Court,
and be could have imposed a fine on Mr. Cooper.
with an escort
Chief Detective Murphy who pro- duced the fugitive before the Ma- gistrate informed the Court of sc cused's decision.
FIND THAT BROUGHT NO LUCK.
A native of Hoi. Nam appeared The two direct witnesses forhefore Mr: Whyte Saith yesterday
the Crown came next.
Tsang
Kwan deposes that his person was robbed of two five-dollar rolls of 10-cent pieces by the first defen dant, and be identifies one roll found in the pocket of the car.
He mentions no dynamite. That is one of the curiosities of the case, No one does; but the finder.
Confused Evidence.
The connection between his house And Tsang Tun's is this: Informa tion found in a book suggested the move to Taing Tun's hut, and Tsang Kwan was taken there as guide, presumedly handcuffed to prevent escape.
WAS
Now we come to the evidence of Tsang Tun. He was robbed of 847 he told us; the money was taken from his person and placed an a table, except for three silver dollars produced by his wife. At this time R. O. Dunlop was said to be up- stairs. but. Tsang Kwan brought in-very conveniently for the prosecution as he was in a posi- tion to see the money taken from Tsang Tua. There is a good deal of confusion in the evidence as to what happened in the house but I cannot put much weight either way on these discrepancies, as the interior of a Chinese cottage is usually lit by a small oil lamp and the fitful gleam of electric torches
does not make for accurate obscrva tion..
Hearsay.
on charges of theft of a draft of
$400 (issued by the Kwong Sing Cheong Chinese Bank, Singapore) and another of 870, issued by the Ko Nam Boarding House, Singa Fore, the property of one Leung Shing, who is described as a rubber maker, and whose address was given 45, Ko Chow Boarding House, Connaught Road Central,
The theft is alleged to have taken place on board the Jardine steamer from Kut Sang while en route Singapore to this port
Before dealing with the case, the Magistrate queried whether it was within, his jurisdiction to deal with n robbery on high seas summarily. Detective Sergeant Kellet. said that the theft took place on a Bri- tish vessel in British waters, and he was advised by the Assistant At- torney-General through the tele- phone, that the cass could could be dealt with in that Court.
Defendant who pleaded that he had picked up the drafts on the deck was found guilty and was sentenced to three months' jail with hard labour:
(Continueil on next
Column.)
(I deduct from the sum mentioned such money as they fairly may have had). Evidence show that his united wealth was not under 815. Where was the rest? Gone, save for the one 85 roll of 10-cent pieces and three sticks of dynamite. Why dynamite f. It is suggested it was taken to plant on defendants, but, though the raid was a coup manqué there was no such charge Then why dynamite Possibly it adds a name and address to the 85 roll. Dynamite is used in quarries.
The evidence of these two men, if I believe it. must convict all four defendants. I know nothing of them, save that (a) two "years ago a lodger, the wife of a clans man, Tsang Kwan, was convicted on an opium charge and banished
No Presumption of Guilt. whilst staying with Tsang Tan; and (b) that an opium pot was
As I say, the search reveals no found in Teang Tun's house.gs
Now, when did these men lay presumption of guilt are this, and from the above considerations the the complaint? A report was laid
85 roll presents difficulties from by Teang Fung, Inspector Mo either side. If they did what they Walter thinks at 4.20 am. It was
are accused of doing, how is it of kidnapping. In all the evidence that they got rid of all but one I bave, it was laid on hearsay (and possibly of everything but The Inspector tells me the com- plaint was substantiated at about the one roll of money that could be identified The dynamite may 6 m., when Thang Kwan arrived
be, but an address localising the about the same time as R.O. Ward, He also says that before the 30th money.
On the other hand, if they are when Tsang Tun laid his
innocent, when was the 85 roll plaint Tang Kwan reported
planted The car seems to have Teong Tun had lost money.
been closely
watched all along. Now, Thang Tun did not see the Tang Tun's wife, heard money Inspector until 36 hours Inter at least. His, explanation is that he being demanded and paid two was sick. There is no corrobora.silver dollars herself She does tion. It might be that the 24 not go very far to help me, and hours was required for fixing up the chauffeur's evidence is nego the story with Teang Kwan.
Why Dynamites?
Com!-
Now, for the evidence found in the car. The chauffeur's evidence makes it clear that the defendants
tive.
Finally, I have to consider the. fact that, though one man had lost 810 and another 847, and no opium, had been found, neither of them made, enough fuss to attract the
•
820 FINE FOR A LIAR
The Chinese hawker who appear- ed before Mr. E. W. Hamilton on Monday on a charge of obstruction, told his Worship that he was dr rested by da Indian constable whom The case was put off until yesterday to he refused to give 30 cents. enable that Divisional. Inspector to investigate the accused's allegation.
The Inspector yesterday told the Magistrate that the constable had not been on duty on Saturday as he had obtained 24 hours leave from 9 am on Saturday to 8 a.m. on Sunday.
In inflicting a fine of $90, his Worship said: "It is very easy to make allegations of squeeze against a constable and unfortunately it is a charge which can seldom be re- futed. This time it is established that you have been deliberately lying."
. FURNITURE SEIZED BY
CREDITORS.
DEBTOR DECLARED NOT THE OWNER.
At the Summary Court yesterday, Tang Kam Bang, a draughtsman in Mesars. Denison, Ram and Gibbs,
sued Mr. and Mrs. Chan So, of 124, Wanchai Road, for 8302, alleging wrongful detention of his furniture. Mr. Horace Lo, for the plaintiff, said that his client had been living at 46, Li Tung Street, with his brother and a distant relative 2 he moved from the premises, ea- named Tung Ah Ngai. On January trusting an umah to see to the re- moval of the furniture during the absence of the men at work, and of the distant relative, who was away from the Colony.
When plaintiff returned after his work he found that certain people who stated that they were police-
"
men had removed some of the furni ture on the ground that the master of the house owed money. Tho furniture was taken to a certain) firm, where the amah was given a receipt, she having also to give a receipt in return more or less under compulsion.
Mr. Lo contended that no money was owing to the defendanta from his clients.
Plaintiff corroborated his soli citor's statement, and said that his distant relative had no furniture in the house,
1.
Cross-examined by Mr. F. C. E. Rendall for the defence, plaintiff denied that the woman was the widow of his deceased brother or that the furniture was left to her by her mother. He admitted that Tung Ab Ngai was connected with several money loan associations, but Chan So it was her responsibility.... said that if she owed money to Mrs. Mr. Rendall said his case would be that the defendants received information that Tung Ah Ngai was absconding, and as a result they and other creditors went to the pre-
THOUSANDS OF BARGAINS had spoken of O. Dunlop in wises. that time the furniture
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to him and that they had to procidentally, though present all the was actually outside the house, and
cred to the Police Station. Now, time, saw nothing of the various because Mrs. Chan Bo could not
if the evidence of the prosecution is true, the defendants got rid of 847 plus 810 in silver rolls dur ing the time before their search, except a five-dollar roll of ho tae. If they got rid of any why not of all? How did they get rid of it? (Continued on nort Column.)
transactions. T
When I consider all these points and put it to myself as a judge would to a jury: "Are you reason ably certain that the defendants are guilty!" I must reply I am not certain. I must, therefore, dis- charge the defendante
find Tung Ah Ngai she reported to the police. A detective was sent and he stopped the removal of the furniture.
The case was adjourned until Friday, a settlement of the matter
meantime. 'being likely to be effected in the
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