THE HONG KONG DAILY PRESS, FRIDAY, FEBRUARY 21, 1930.
WHEN A SWEEP TICKET
A LOTTERY.
BECOMES
THE LAW AND POLICE PRACTICE EXPLAINED.
AUTHORITIES BENT ON PREVENTING PROFITEERING BY UNSCRUPULOUS AGENTS.
INTERESTING SUMMONSES AGAINST SINCERE CO.'S
EMPLOYEES.
At Central Magistracy yesterday, "the" Manager of Messrs. Sincere Company, Mr. Chan Sze, was summoned for keeping a gaming house and two fokis were summoned for selling and possessing lottery tickets.
די
11
The summonses arose out of police visits to the premises, when sweep tickets of the South China Athletic Association on the Hong Kong Derby were purchased by a clerk at Police Head- quarters at $18.30 and 316, the face value of the tickets being $10. During a subsequent search the police found that one foki also had tickets issued by other" Club in his possession.
Mr. H. K. Holmes represented the Crown and Mr. Horace Lo appeared for the Manager of Sincere's.
47
Mr. Holmes in a long address to the Court pointed out that the letter of the law was that aweeps were lotteries and illegal; but no objection was made, in practice, to properly conduct- ́ed sweeps, run on certain principles. The Inspector-General of Police gave no sanction, no en- couragement, no approval and no immunity. The Club running sweeps must keep proper, con- trol of them and must act allow any exploitation of the gambling spirit" in purchasers of tickets.
Mr. Horace Lo agreed that the prosecution had been a very proper one and the public would now know that the sale of sweep tickets above face value would not be tolerated.
The Magistrate convicted, the Manager being cautioned and the two fokis fined $10 or fourteen days, the Magistrate, Mr. E. W. Hamilton, adding that he let the fukis off lightly because they were losing their employment.
FULL REPORT OF CROWN SOLICITOR'S ADDRESS.
:
Giving evidence, a clerk at Police Headquarters said that on February 13 he went to Messrs. Sincero's, and, at one of the counters on the ground floor, he asked the second defendant if he had any South China sweep tickets for sale. The second, defendant told him that he was selling them at $15.50 and had explained that the price was up be- cause the tickets were scarce and difficult to obtain. On witness agreeing to buy a ticket, the second defendant produced a book of
by the Suilamess Association. Thero Mr. Hamilton: Having dismissed were eight tickets left in that book. the employee what further steps did Another book, issued by the Trung you take. Did you go round or did Shing Association, with six tickets. your assistant managers look round All tickets to see if any other tickets were loft, was also found.
sald 1-We had inspectors" on every were retained.
Mr. Lo (cross-examining): Did floor. The one whom I sacked was the defendant readily consent to working with an inspector. The your searching the premises floor inspector did not report second Yes.
defendant to me. I think they all do it quietly.
Did be admit or deny to you that he knew about the selling of the tickets on the premises 1-He said he had no knowledge.
Defendants' Statements. Asked if he wanted to make a I think he rather wanted to dis.statement, the second defendant said: When the Police approach
tickets from which witness selected miss the persons implicated at onceited me and told me they wanted to
He intimated that.,
Did he also tell you of the pro caution he had taken against the staff selling sweep tickets No, have no recollection of it.
The Manager'e Innocence.
buy sweep tickets, I did not realise that it was against the law to sell the tickets. I ask the Court to pardon me,"
To answer to a question by 'Mr. Hamilton, this defendant explained that he only earned fifty cents out of the sale of each ticket.
The third defendant, en being Do you yourself think that he had asked if he had anything to say no knowledge of the going-on 11 said: I have, nothing to add to am afraid I cannot express an what the second defendant has opinion.
anid"
•
and paid for one. The next day, He was also rather anxious that witness again went to Sincere's but you should charge them 1-Ho sug this time he went to the first foorgested that I should arrest them. where he once more asked for South China sweep tickets at one of the counters. The
man behind the counter told him to wait a few minutes as he would have to go and fetch the tickets. He returned, however, without any Witness then went to the ground floor, to the counter where he had purchased a ticket the previous day. Here he saw the third defendant and asked "I think he told you that last year In a Sweepstake a Lottery? if the latter had South China one member was found selling sweep This concluded the evidence on tickets for sale, and the latter re-tickets and he was dismiss -No, I both sides, and Mr. Holmes address plied in the affirmative and asked don't remember that.
ing the Court said that the first for $16.50 for each ticket. Witness Mr. Hamilton: Had you anything that arose was the legal asked him to reduce the price by knowledge that a premium was point: Is one of the race aweeps fifty cents but the third defendant being charged on the tickets of the lottery at all?" replied that he was only earning a
South China Association 1-None at commission and was not in a posi-all, I had no knowledge that uns tion to grant a reduction.. premium was being charged.
Can you tell me what percentage "Yong" Which Means Brokerage of the South China Association Mr. Hamilton: What word did takings is devoted to charity 3-I am not in a position to tell you, but I believe
he use for Commission."
Witness: The word "Yung" which means "brokerage."
Do the South China Association give anything to the Jockey Club funds or to charity -I know ten per cent. is being deducted but I don't know what for.
Continuing witness said that after the third defendant had re- fused to make a reduction, another man offered to sell witness a ticket at 818. The man wore European The Manager of Sincere's, Mr. dress but he had no hat on and Chan Sze, in his evidence stated witness thought he was an em that prior to the raid he was not ployee, as the man had offered wit-aware that sweep tickets were being ness a chair. However, by this time sold at Sincere's. It was not the the third defendant agreed to accept policy of tht Company to permit the 816 and produced a book with only sale of sweep tickets. two tickets left. Witness bought ono and paid for it.
The ticket was then produced in Court and identified by witness.
Mr. Lo (cross-examining): How did you know that such tickets were to be bad at Sincere's -I was told by friends.
Was anything put up in Sineere's to the effect that such tickets could he had)-No.
Mr. Holmes went on to say that in England there was a group of | old acts relating to gaming going back to very early days, and the case on the question as to whether a race sweep ticket was a lottery was based on the Gaming Act of 1902. As there was no definition of "lottery " in that Act, it became necessary to refer to the dictionary usage of that word.
Quoting from Haibury's Statutes and Laws, Mr. Holmes showed that a sweepstake was held to mean a lottery within the Act of 1802. From another authority,
Mr. Holmes cited the instance of the keeper of a beerhouse who arranged for a sweepstakes to be held on his premises on a horse-race and cer- tain persons entered and paid six pences for their tickets. It was held that that sweepstake was a lottery within the Act of 1802.
fl
When the Inspector General of ROUND THE COURTS.
Police acted on these principles, said Mr. Holmes, it did not mean that he gave any immunity. He has only laid down certain prin- ciples by which he is to be guided. The principles has also been laid down in other parts of the Empire and implied no immunity or ap- proval.
ALL FOR A DOLLAR.
When a Chinese appeared before Mr. T. S, Whyte Smith for obtain- log 81 by false pretences from Cheung Tak Wo, 3, Kowloon City the case seemed rather one of lar- Road, the magistrate remarked that ceny by a trick, and it would be better to have the charge, altered. The case was then remanded until to-day. ·
It is alleged that defendant went to complainant's shop and ordered 30 eatties of · vinegar for his "master." The shop kreper had the vinegar weighed and ordered feki to deliver it to the defendant'a supposed master. Before the defen- dant left, however, ho asked for loan of a dollar, saying that it would be re-paid with the money dus for the vinegar.
The Practical Principle.
which The general principal guides the Inspector-General in this inaction that is perhaps not the happiest word-is this. In the case of sweepstakes he recognises | that the sporting inclinations of the general public extend far beyond the possibility of personal, active and actual participation, in a sport- ing events. There, is usually wide interest in sporting events but it is impossible for more than a very few to participate. Let us speak of the races. It is no exaggeration to any it is a most interesting sport ing event. It is not limited to the owners and the riders and one method of sharing an interest is to indulge in sweepstakes. The idea is this. If sporting event is initiated and mahaged and run by some sort of club or institution or association, they of course have the expenses, liabilities and anxieties
When a Chinese was charged with of that event. The Inspector stealing a gold ring from a shop in General will take no action if the Yaumati, it was stated that he en expenses in the case of a sweep-tered the shop, selected a ring and stakes in connection with that sport asked for the bill. As this was be ing event, do not exceed twentying made out he left the shop, per cent.; that is, roughly ten per mounted his bicycle, which was cent, for organising the event and attendance,” and absconded. Tho ten per cent. for conducting the shopkeeper gave chase but could not keep up with the machines A de- tective stopped the shopkeeper and on learning the trouble boarded a bus, overtook the defendant and arrested him.
sweep.
"Proper Control Essential, That still leaves other sporting clubs and groups of people who cannot organise, for some reason or other, an event themselves, but who nevertheless take a considerable interest and so they organise a that event. The sweepstako on commission or deduction allowed in that case is ten per cent. The Inspector-General of Police requires this: that clubs and associations who run these aweeps will keep these sweeps in proper control and they will seo that the face value $10 in this case is not merely colour." If in fact that 910 is merely "colour" and the tickets are sold for $15 or $12 or anything more than $10, the percentage of commission has got out of the con-
trol of the Club, and that is what the "Inspector-General wishes to stop. He wishes to keep the sweepstakes in the proper control of the Club, who must not allow them to get out of hand.".
Continuing, Mr. Holmes said that when a person was gambling be did not care a straw what he paid for his ticket and those who sold sweep tickets for more than their face value were merely exploiting person's gambling spirit.
The Local Gambling Ordinance. Mr. Holmes then went on to read the local Gambling Ordinance which stated that "lottery includes any game, method or device, whereby money or money's worth is, dis- tributed or allotted in any manner depending upon or determined by chance or lot or the result of any race or contest, whether the same is held, drawn, exercised or man- aged within or without the Colony." Mr. Holmes submitted that it was
perfectly clear that lottery, as men- tioned in the Gambling Ordinance, in no sense took away the ordinary definition of lottery.
With regard to the summons against the Manager, Mr. Holmes said that Keeper," according to the Ordinance, meant and included "the occupier or person or any per- was the person appearing to have the care or management of such place." As far as care and man- agement was concerned, asid Mr. Holmes, there was no question that the defendant. in the Grst summons was the person appearing to have the care and management of such place. It was necessary to find out the meaning of "such place," and Mr. Holmes contended that it meant a gaming house which according to
en-
He got the 81, but on the way to the imaginary shop, he bolted, leaving the master and faki in the street.
THE RING AND THE BICYCLE.
in
Remarking that it was another case of mis-using a hired bicycle the Magistrate imposed a sentence of two months' hard labour.
NOCTURNAL, NUISANCES.
A young Chinese was cautioned by the Kowloon Magistrate yester day for riding a bicycle at night without a light.
Sergeant Hughes told his War- ship that he accepted the boy's story that the light had just gone out, and that he was arrested as he was about to re-light it..
The Magistrate remarked that he had been trying his best to stop the Chinese people riding bicycles at night and making nuisances of themselves.
A WOMAN'S TALE!
If this man had been in the habit of asking you for money, why did you not report him to the Police?" This question was put by the Kowloon magistrate to a Chinese woman, who, when arrest- ed for causing an obstruction in Portland Street, alleged that the Shantung constable demanded 30 cents from her, and when the money was not forthcoming, he took her to the Station.
Defendant replied that though she had no witnesses the statement she had made against the constable was nevertheless true.
The magistrate did not accept this and imposed a fine of $2.
and I think there can be no doubt that this prosecution has been a very proper one. I think that by this means the publie will know that the sale of sweep tickets at a high rate of profit, as in the case of the second and third defendants, will not be tolerated,
Mr. Hamilton then asked tho second and third defendants what they drew in wages. The second man informed the Court that he earned six dollars a month and the third defendant said he earned
Mr. Lo then submitted that it would not be really fair to hold the Manager of a big concern like Sincere's responsible for an offence of which he had no knowledge. Mr. Holmes had been very fair in his submission" to the Court and while he (Mr. Lo) agreed that the Warning to Staff,
Manager did technically come with- in the definition of keeper," he Witness produced the minute book
asked, in view of the fact that it of the Company to show that the
had not been proved that his client question had been deliberated, and, Mr. Holmes then cited an extract
had anything to do with the sale as a result, & notice was issued to from the Law Times Journal of the-definition in the Ordinance was
of the tickets, that no conviction the employees, the document being June 16, 1923. Before quoting the a place "open, kept or used for be recorded. The Manager could framed and posted in the Chinese extract Mr. Holmes said it was the purpose of lottery." In places not know everything that was going mess of the Company. It read:- particularly interesting because thewhere, lottery tickets were sold, on at Eincero's, but he had taken "It has come to our know-present case came on prior to what such places, contended Mr. Holmes, steps to deal with offenders when that several Clubs and Associa-is probably the most notable sport should be deemed to be kept for they were brought to his notice.
& lottery. Inspector Murphy's Purchase. tions in Hong Kong have recently ing event of this Colony-The Hong the purpose of
He Warnings were prominently posted issued cash, sweep tickets, and Kong Races. The extract said submitted that the Manager of and under the circumstances he ask Chief Detective. Inspector Murphy
entrusted them to various agents time of the year the discussion
With unfailing regularity at this Sincere's came within the definition. ed the Court to discharge his client. giving evidence said that in execu
for sale.
Before sitting down, Mr. Holmes tion of a warrant (which witness
Such tickets have a favour of arises as to the legality or otherwise said: "I want to make it perfectly produced) he entered. Sincere's at
gambling, and, as this store is a of sweepstakes on the Derby. High clear that the Inspector-General of 12.30 p.m. on February 18. Witness
place for legitimate business, executive authorities upon whom Police gives no sanction, no weat to the cashier's counter on
every member of the store should reat the duty of enforcing the law,
couragement, no approval, no im- the south side of the building, near
make it his duty to maintain this draw a distinction between public munity. In certain cases the eye of Des Vaux Road. The second de
standard in the interest of the and private lotteries, but of course
the executive does not, see what fendant was sitting inside the
Company. It is for this reason no such distinction exists in the eye the eye of the law does. counter, and witness asked him if
that every year we have specially of the law. Save in the case of
Mr. Hamilton asked if the posi" he had South China tickets for sale.
prohibited all employees from sell-art unions exempted by special act tion was this: If the Jockey Club, The second defendant replied that
ing cash sweep tickets on behalf of Parliament all lotteries
or some other racing club, ran they were "being sold at $18.50 and asked how many witness wanted,
of any person or association.
sweep then there was no objection "Now, that cash sweep tickets
to twenty per cent., but if people to which Mr. Murphy replied that
the have again appeared on
The Inspector-General's' Action. having nothing to do with the he wanted about 20. "The man then produced from an un-locked drawer
market, we wish to re-affirm the
Mr. Holmes said that one reason Jockey Club or a race club, ran a in the counter, book with four
above prohibition, as some of why he read that extract was be-sweep than it was ten per cent. our employees may not know this cause he wanted to show that the tickets left. Witness took the tickets and the defendant asked him
rule. Any offender against this general principles by which the rule will be severely reprimanded. Inspector-General of Police was to wait..a little while, and after
By. Order of the Management. guided were not peculiar to this about ten minutes an errand boy
"Dated fifteenth of first moon, Colony. The Inspector-General was came to the counter with another book of tickets, which was' handed
Ki Tse Year (24th February, doing no more than what was being to the second defendant. Thore 1929)."
done in other parts of the British were five tickets in this book which Mr. Lo Has there been any oc- Empire. Mr. Holmes told the the second defendant handed to casion for the dismissal of any Court that although he had not the Mr. Murphy, with the remarked that member of the staff for selling matter before him, he knew it was aweep tickets 1-Yes, a member of said that certain announcements that was all he had.
Witness then disclosed his identity the staff in the toys department had been made in the United King. and sent for the Manager. Witness was dismissed at the end of last dom with regard to certain sweep showed him the warrant and with year. the Manager's consent they search-
.:
Does the Sincero Company make ed the enclosure occupied by the any money out of the aweep tickets second defendant and there found that have been sold by the second one book of Derby tickets issued defendant 1-No.
are
illegal and a sweepstakes is a lottery in excelsis,
stakes there, to the effect that there would be no interference by the executive in the event of the sweepstakes being conducted on cer- tain lines.
eleven dollars.
Mr. Chan Sze pointed out that the two men were being trained as salesmen and were given free night echool tuition, free board, free washing and even free barbering.
Magistrate's Decision.
Mr. Hamilton then registered a conviction against the Manager bat added that he had no intention of M Holmes replied that that was imposing a penalty. He asked the s and added that of course, no defendant to be more careful in club was allowed to loss control of future: the sweep.
The second defendant was fined Mr. Holmes added that if an 810 or in default fourteen days! ansociation developed to such an hard labour, for selling the tickets. extent that it specialised on sweeps, On the second charge against him that was another story altogether, he was cautioned, the Magistrate The whole thing must be done in adding that there was no evidence nsporting way with a fair share that he was getting a commission for everybody. There was no ques- on the tickets. tion of aiming at, or preferring a
particular club.
Mr. Lo's Submission to the Court. Mr. Lo: My friend has made the position of the Police very clear, (Continued on next Column.)
The third defendant was fined 810 or fourteen days,
The Magistrate observed that in imposing these light fines he was taking into consideration the fact that the two men were being dis missed from their imployment.
TENNIS
$15
RACKETS
FOR HARD WEAR" IN THE TROPICS
MADE BY
G. SPALDING
& BROS.
F. A. DAVIS
W. H. JAMES & SLAZENGERS.
PRICES FROM
to $35
THE NEW PATENT PROCESS.
DUNLOP
TENNIS BALLS
NEW STOCKS JUST ARRIVED
SPORTS DEPARTMENT.
LANE, CRAWFORD, LTD.
COLUMBIA
THE NEW 1930 MODEL
THE QUALITY
OF TONE
IS IMPROVED
AGAIN
RECORD ALBUM
FITTED IN
THE LID
OFFERS A
NEW REFINEMENT
WHEN COLUMBIA DOES IT-IT'S WELL DONE, GIVE US A CALL AND HEAR THE NEW PORTABLES
The Anderson Music Co., Ltd.
NUGGET
Boot Polish
18
"Good morning Miss Shoe, you look positively charming. "A personal reflection, Fassure you, Mr. Nugget.
APD.