די *
SEQUEL TO PEAK
FIRE.
WHAT IS A "PUBLIC ENTERTAINMENT."
INTERESTING CASE BEFORE THE COURT.
21
SWATOW STUDENTS
"DOWN BOOKS"
STUBBORN FIGHT WITH AUTHORITIES
(From Our Own Dorrespondent.)
HONG KONG DAILY PRESS, THURSDAY, JANUARY 7, 1932.
JARDINE'S TAIPAN SUMMONED.
DEFENDING SOLICITOR'S PIQUANT ALLEGATIONS.
SUMMONS DISMISSED: MAGISTRATE'S COMMENT,
The Hon. Mr. J. J. Patersoit, ay, owner of 117. Plunketts Road! (Nc. 10 The Ponk), was yesterday. summoned for knowingly permit
By Whose Orders?
When did you last visit these premises before December 97-1 ting premises situated within the about ches a week or ten days
could not tell you. I visit them grounds under his control to be-on-your-previous visit, did you used for the storage of foul intand-
Swatow, Jamanry 3. An interesting point mvolving
Last Monday all the local stu- the definition of the term "public dents, at the instigation of their Pentertainment brought up Association, took a day off and held a series of dummonacs brought a parade, marching through the against the Pathe Orient Co., principal thoroughfares of the city Ind., before Mr. Schafeld at "Can-This londs one to the conclusioned for sale, tral Police Cunt yesterday prising that neither their respective pro-
The case was taken before M. W. cont of the fire which turred re. fessors nor the Goverment could Scholloid, Mr. R. A. Wadeson of cently as the residence of Mr. A restrain them. The students do-Messrs. Doncons appearing for Me 6. Jangster of 287, The Penk.clared they were acting in a pat- where a party of children worg be-riotic spirit and were at perfect ing entertained by cinema liberty to do as they liked! graph performance.
Seven summonses, were taken out
Paterson.
And any food in this manner --
house except chair coolies. No, there was no one in the out-
da
morning he could culy visit the Witness explained that in the
Poak on Wednesdays. In outlining the case for the prol
Mr. Wadeson (cross-examining): scation, Sanitary Inspector A. G. 13ho decides what duties you should Alter, the usual gathering the abu-
Martin stated that he thought the dot-It is left to my own decision. dents called at the Mayor's otce business had been going 00 So there is nothing to stop you with the object of interviewing Mr.surreptitiously.
for,' about Ma who has come from" Castca to
two from going to the Peak at any or three years and that time in the day -I have to investigate the case or causes of whenever it was discovered those house-visiting every morning up to the recent disturbances. However, responsible would close down and 11 am. except on Wednesdays. not finding him there they proceed start again. On July 8, 1931, he Who says so-The Head of the
visited the place and noted that Sanitary Department. the business had started again. Spread on the grounds of an out house were eggs, vegetables, thickena and ducks and a number of poders you to go to these differont ple were waiting to take delivery, places as different times?—Yes. Mr. Paterson was informed by the Sanitary Board "by letter of "what any steps to find out if Mr. Pater- On this occasion, did you take was going on and, there had been son was then living in this house ?-- correspondence on the matter: No. which the, Sanitary Inspector was prepared to produce in Court..
by Mr. Fluziury, of the Fire Brigade, against Mr. J. Landolt, manager the Pathe Orient Co.. Ltd," who were accused of (1) nos having a distributor's permit, (2) atering 200 reels of lus in a placing to his hotel. Mr. Ma was. ht other than a certified strong room, once given Government protection. (3) failing to notify in writing to the Inspector General of Police
Mr. Ma Argües. the names, descriptiops and ad-
Later on a conference was arrang- drews of the persons making up-ed in the Municipal Building and plication to hold a "cinomatograph heated discussions followed between dilay and the character of the Mr. Ma and the student representa entertalunikut for which such pre their previous request that the tives, who continued to reiterato misuw were proposed to be used primary schools should be allowed and lucality of aneh premises and to participate in political move the general nature of the proposed ments, a thing to which the Govern building, (4) failing to Abstain
ment are strongly opposed.
The argument went on for hours. from any act tonding to causa are, and, ent being able to come to an (5) failing to have boxes of fire. Keement of any kind there and then, M. Mo, in order to appeaso resisting material for the projecthe students raid he would tole tion apparatus. (6) keeping sight reels of Bht in a place other than a cortified room and (?) failing to keep readily available for sufficient means of dealing with « fire, a
1240
Solicitor's Submissions." Appearing for the defendant Company M H. L. Douays eab mitted that the lass, five summonses, must fail. He said they had been brought under the Ordinance consolidate and amend the daw relating to places of public enter
to
Dificult to Approach.
Who is the head of the Sanitary Department?-Mr. Sayer.
In fact it is Mr. Sayer who or
2
So you don't know whether he was or not?--I would not sig he was actually there at the time.
You made no inquiries -No.
office ?-No.
You did not even inquire at his
the place and in a garage in the On December 9, ho again, visited
same outhouse, there were four persons who were waiting to take were dividing the foodstuff are con And so far as theus men who
delivery of vebatables, eggs, 6sh cerned you have only their own and chicken. The result of that statement that they were from thei
Sani-Aberdeen Fish Store Yes.
graph for fresh instructions from with them again after three days. Danton. He promised to confer
What of the Examinations? After this time limit had expired discovery was the summons. the Government was still obdurale. Their request. having been definitelytary, Inspector Martin went on to You have no knowledge of your and finally turned down, the stu-say that the people concerned infown as to where they came from dents then decided to and this should play an importait trouble. The house was on the top
"down this sale had caused quite a lot of No but I have their statement, books. The brika still continuga. part in the future of the starlents of a hill and it was an extremely never seen any of the other four That is not evidence. You have and on China's political problems difficult matter for him to approach men before?—No: generally. The strike is significant because the winter term is drawing neur and the present events may interrunt or postpone or ence altogether the graduation examine
unobserved. On followed a small boy into ground, but no xxxer had he en
onc Occasion he
tho
tainment Under that Ordiunnce, tions due to take place in two tered than he reard a good deal
"public
entertainment ??
meant weeks' time.
"any entertainment, to which the
general public are admitted with or without payment for admission," Mr. Denny's said that Mr. Langston, of the Hong Kong Elec tria Company, gave a small enter Lainment his own house "at 287, The Peak on December 93.
to the Pathe Orient and went
During the period pending a reply tinually shifting his abode from place to plaer, presumably to evade
from Canton Mr. Mi has been con-
| the stadtnis.
students of the schools in Chaochow. Word has been received that the fu are also in atrike. They als arat doan representatives a few
plirade.
of shouting and finally the small
Former Correspondence.. You spoke of certain correspon- dence in July Yes.
'Between July, when presumably
boy made his way out of the ground something happened, and December, again after walking round the pre- have you ever found any food on mises. He thought this meeting on the premises at all?-No. the men who met there did not do cast-Approximately once a week. the ground was pre-arranged and
You visited them cace a week at
so by chance.
So that between whatever" hap I don't know pened in July and what happened
HONG KONG STOCK MARKET.
YESTERDAY'S OFFICIAL
QUOTATIONS.
www
The session yesterday morning opened quietly stoady with rates generally unaltered..
Sales.
Banka, $1,475. Realtys, 19.15. Hong Kong Lands, $87).
Buyers. Wharves, $1621. Hotels (old), #16). Trams, $22.30. Singapore Tractions, a Hong Kong Ropes, $19. Fowells, $31"
Providents (old), $51. Providents (new), $2.38. Chinose Estates, 805. Cements (old), $123, Dairy Farma, 820. Constructions (new), $1.50
Sellars, China Underwriters, 21.00. Rauba, $30.
Entertainments (old), 15. Indo-Chinas (Pref.), $15. Indo-Chinas (Def.), $32.
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LATEST PRICES FROM A.R.C.
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08
Per case (containing two
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.811.60 Fer unit of two new tins... 11.90 Par unit in returnable
" drums Per imperial gullor.in bülk 1.25
10.40
ing at the time of this occurrence pty. If Mr. Paterson were here he would tell you that he was liv
at Sheungshiu,
Mr. Wadeson went on to say that Mr. Paterson's No. 1 boy, war was now dead, had been carrying on the business but it was affectually stopped. Then again, on December 9. when the Sanitary Inspector went up there he found it happening in Mr. Paterson's absence,
"How on earth Mr. Bayer can issue a summons against Mr. Pater- on for having permitted the stor-
He days ago to join in a sympathetic what the Sanitary Inspector on December 9, it had evidently age of food in his house I cannot
other
to
110 case
-Yes.
Mr. Wadeson:
hired a machine from them to give Mr. Langston. There were amahs would like to say at once that ir
opening statement refers to, but I stopped 1-Apparently so.
You the display in his
are a Sanitary Inspector Own
house. He and varions other persons present, that is his case,
fhave also asked for in dperator who They were definitely members of the
and can look at this place and so Juswer because be was sont up. I submit," said Mr. general public, admitted free.
ไวน far as you can say it has stopped ? His Worship: Were no Deungs, that an
referred to matters which Englishman's members of the general public exin July. How that can be evidence huppened house is his castle and not a place mahs prtsoni?
to a charge in December, 1 don't of public entertainment."
Mr. Wolfe: There were 27 child- ren, six adults and a number o Mr. Landolt, proceeded Mr.
aths, also two wiremen of the Dennys, had never been to the Hong Kong Electric Company. house and in fact was at tifin at may say that the two wiremen werd the time. He had no knowledge the Christmas tree
apparently there in connexion with They were of the mishap, and could not be members of the public, and were held responsible.
nos invited.
17
Members of the Public?
I
know.
His Worship: He has also refer red to December 9,
Food Spread Out.
You made no inquiries as to whe ther Mr. Paterson knew anything about this matter -No, I reported to my senior Inspector, Mr. Look, hart.
understand" said Mr Wadeson.
or just looked at things and issued He was either grossly misinformed
the summons.
".
Sanitary Board Criticised.
"I understand, on my instrue bottom of this is the fact that Mr. Lions, that what is really at the Paterson, when he was sitting on the Retrenchment Commission, made some very stringent criticism of What did he doHe forwarded being carried on and had mention
how the Sanitary Department was it to the Medical Officer, of Health.ed the lack of cohesion. between Do you know what the Medical that department and the police," Sanitary Inspector Martin then Oficer of Health did?-He forward-anid Mr.. Wadeson. save "evidence of his visit to the ed it to Mr. Sayer. oathouse on December 0. He saw
servants of the Aberdeen Fishered me to make an application What did Mr. Sayer do -Ho or:
out on Store there and observed,,, spread for the surumons. ground, & quantity of food. There emanates, from Mr. Sayer Deci-
a brown paper on the So that really were four other servants present, dedly not. The food consisted of fish, meat, chicken, eggs, and vegetables. E Sayer is an executive officer. is just below mins on Mount Kel-questioned the men, but the latter
His Worship: The point is, Mr. Mr. Wadeson: I understand that, would give no information at all, but I am going to subdit later The four men had in their posses that there is more in this than picn. what appeared to be pass that. books. Witness" said he was pre- tween Mr. Paterson and the Sani- the food was spread on the floor pared to produce letters written be witness said that on December 9, Answoring further questions, tary Department on a former com. of the garage,
Mr. Dennys remarked, that as it was the house of the manager of Mr. Fitzhenry said that the In the Hong Kong Electric Company, torprotation. Ordinance definitely
it would not be unusual for two of the Company's wiremen to be classed a cinematograph perform theres anca y ал entertainment and, Mr. Wolfe:-It is not the man- therefore, places where a cinema ager's house.
The manager's hou tograph show was held, came with lett. in the Regulations.
mission.
plaint.
this
matter
Mr. Wadeson-went on to say that was complained of, the Police were in July, when the former incident
tive Inspector Reynolds could give called in to try and apprehend these responsible and Chief Detec
evidence of that. Dun to want of co-operation in the Sanitary De. partment, the attempt failed,
ing that on the flimsy, evidence be
Mr.. Wadcson concluded by sny- fore the Court, he submitted that Mr. Paterson had no case to answer,
I thought the place was used as you. When I read the summons, His Worship, I quite agree with
a sort of permanent store.
Mr. Wadoson: After a man had done his best, it rankles you when keeping a permanent store for rice you read that you are charged with and vegetables.
His Worship, at the close of, wit Mr. Wadeson: These letters writ-neas evidence, said he did not see ton in July cannot be evidence of where the "storage, of food" came what took place in December, in. There was evidence that be Mr. Schofield (to witness): What never any food found on the pre- tween July and December there wns quantity of food was there 1
far as the ovidence went. mises so that it did not seem to ed. he a very continuoussiness 80
His Worship: Summons dismiss
His Worship observed that 1: Decision Held Over. public entertainment,"
was, de- fined as an entertainment to which i His Worship:-It is rather an the general publie wers admitted important, paint whether the per with or without payment for ad-formance in this building, did or did not constitute a public enter Mr. Fitzhenry: Would those tainment within the meaning of present not be, a section of the the Ordinance. I should prefer s0 ublic? They are members of the hold the point over for considers general public.
Mion. Mr. Dennys argued that if Mr.
Ruferring to the remaining two Fitzhenry were correct, if anybody summonses against the Company, had a Baby Fathe camern and took Mr. Dennys said Messrs. Pathe mories which were shown in hisOrient Co., under one name or RA meat, two or three dozen ggs, four Witness: Four or five pounds of own house, to his family, he would other, had been established Hong have to take out a licence. It was Kong for over 25 years and weave pounds of potatoes and half a common thing in the Colony for one of the best known firms of fi dozen voles, There was also amateurs to take their own moving distributore. In 1923 they moved quantity of cabbages and a couple pictures.
into their predemt promises from
of chickens Queen's Road and built a strong His Worship: The whole of that The Hon. Mr. E. D. C. Wolfe by the Building Authority. It had man 7-Yes.
room which must have been passed food might be carried up by one said it would appear that there in doors, ecrrugated iron walls But the charge is one of stor were members of the public pre and no-one lived on the top floor. age of food intended for sale 1-Yes, sent at the performer.ce, not mere. The police visited the premises and the food is left there for distribu: ly, members of the family. In the were stown the strong room mark tion between parties was call for stopped it and stopped it very of a basket and consequently souse present case, the entertainment was ed" No smoking" and "No nd- the food. one to which members of the genermittance." No work was done on
I.G.P.'s Evidense,
No Jase to Answer.
Store Manager Warned.
There was another summons Mr. Wadeson: I submit there is connection with this case, the man- no case to answer. The prosecution ager of the Aberdeen Fish Store be must prove affirmatively that Mr.ing summoned for exposing his Paternon knew of this offenes on goods for sale at the address. The fore you is that he might have some deliveries at Mr. Paterson's December 8. The only evidence" ne-) mau explained that he was making known that something nebulous had house and his coelies had to take happened in July and that he then cut a parcel of rice from the bottom a public were admitted free, the premises. In the strong room, statement is not evidence. If the witted it to go on. The evidence also, but warned him to notify hie effectively. The, prosecution must of the food hat to be spread on tock it that they went by invita- the pelios found 208 roris of Glm.
Mr. Wadeson This er parts prove that Mr. Paterson, the floor of the outhouse.
knowing that it was going cn, per- tion, but theyware still members
His Worship discharged this man His Worship adjourned all sum facts we would got on much quickor: anggestion. We have evidence that liver at the Ponk, they must go 12. Inspector would confine himself too far, direfly negatives such a fokin that if they had stuff to de defence to produce, if possible, a. monses until next week for the certificate issued in connexion with you see any food being brought into food of the garage which was embuting centre of any particular pd- His Worship to witness): Did this food was spread out on the each house and not make a distra the strong room.
the premises on December No. (Continued on next Column), dress:
of the general public.
Mr. Wolfe aid no presumed those at the party were all friends of (Continued on next Column.)
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