JUBILEE ROAD MURDER CASE
ONE MAN DISCHARGED: THIRD MAN NOW ON TRIAL
QUESTION OF THE EXACT FORM OF CAUTION RAISED BY DEFENCE
The murder charge against Lam Fook Loong, the second màn brought before Mr. Justice Wood in connection with the Jubiles. Road murder, ended abruptly yesterday, when the Grown offered no further evidence against the prisoner on the judge refusing to admit as evidence a certain statement alleged to have been made by the prisonor. The prisoner was accordingly discharged;-
The third man who is charged with the murder, Lam Yat, was then brought before the Court and his trial had unt concluded when the Court rose,
Yesterday morning, Mr. Fraser, for the Crown, cited cases in which coniession or statement made by a prisoner in custody had been ad- mitted.
He said:-On this point the law is unsettled and it is in your Lord- ship's discretion to admit or ex
The cos clude any statement. sideration which should influence your Lordship is simply the fact whether this statement is free and voluntary. If it appears that any confession or statement is made to a person in authority after proper caution in a proper manner, and without any inducement or anything which could he considered in the nature of compulsion, I submit that that statement might be retulily ad mitted to the jury.
His Lordship: I do not wish to nake any statement except that am not satisfied that this evidence whould go to the jury. The state- ment stands excluded
In that case, will Mr. Fraser: your Lordship allow me to make a further submission! My case" de- pends principally on the statement. If this statement is oxcluded, it would be unnecessary to waste the tims of the Court by going on. I ask your Lordship's permission to offer no further evidence in this
едке.
that no improper suggestion or in ducement was made to him. On the evidence before the Court the state ment should be allowed,
The mere fact that Mr. Lim: witness stated to the prisoner "You need not say anything unless you like" is not sufficient cbution. I have no authority with ma et pre
sent,
His Lordship: Would you like to
cite authorities?
you
Mr. Lim: Yes. I submit the caution must take the proper form which, in substance, is that need not say anything but if you do it will be taken down as ovi dence for or against you." I think the other way is a form of induce
ment.
Hia Lordship granted the appli- cation for adjournment until the afternoon.
Statement Allowed.
After hearing the legal sulais. sions by the defence and the Crown in the afternoon, his Lord ship decided to admit the ovidence contained in the statement made by the prisoner after his arrested.
It was contended by Mr. Lim that the recognised form of caution was:-"Do you wish to say any thing in answer to the charge. You are not obliged to say anything unless you wish to do so but what over you say will be taken down m writing and may be given as avi- dence."
Mr. Lim submitted that it was not enough for a police office to say: You need not shy anything if you like." It may be inferred by the defendant that he need not say anything, but if he did, it were better for him. That seemed to be an inducement for it appeared to. contain an assurance of an adran
age.
The Point Reserved.
Formally Acquitted. His Lordship: 1 fully appreciate the course you propose to follow.
Addressing the Jury, bis Lord ship said: The position now is that the Crown has tendered cer- tain evidence that in my discretion I refuse to admit in evidence, with the results that there is no evidence before the Court to show that this man is guilty of the murder. The prisoner is now entitled in law, the Crown case having been closed to be formally acquitted of the charge The legal brought against him. position is that the Crown, in com-
Mr. Fraser in reply said that if ing into Court, accepts the duty of proving tho charge. The Crown ro his Lordship felt that words used presentative here states that he is by the constable were un induce unable to offer substantial evidencement then the statement must he on the charge and my duty is to excluded, but, if his Lordship found inform you that the proper verdict there was no such inducement then the statement could be admitted. is one of "Not Guilty." That ver dict must be formally entered by It did not matter whether the state you under the direction of the ment was in the prisoner's favour Court. The prisoner is discharged.or against him.
After his Lordship had ruled the statement admissable, Mr. Lim ask od that the point be reserved for further argument, as he thought it was very important.
THIRD MAN IN DOCK
THE PROPER FORM OF CAU-
TION IN QUESTION.
The same counsel were engaged, Mr. Fraser for the Crown, and Mr. Jim for the prisoner.
...
HONG KONG DAILY PRESS, THURSDAY, FEBRUARY 2, 1933.
RECEIVING ORDER AGAINST STEGER'S
Application To Rescind
Refused
CREDITORS DESIRE PRO- CEEDINGS TO CONTINUE
STORING OF FIRE- CRACKERS
Chinese Dealers Fined
TWO LAKHS WORTH OF STOCK AFFECTED
As a result of several summonses taken out by the Fire Brigada au- Sitting in Bankruptcy Jurisdicthorities at the Central Magistracy tion yesterday, the Chief Justice, yesterday, two lakhs worth of fire Sir Joseph Kemp, refused an, apcracker, the stocks kept by six of plication made by Mr. F. L. the leading exporters of the Co. Agassiz, Official Receiver, to rescind lony will be affectesi. the receiving order made against Messrs. Stoger and Company, im porters and exporters.
Mr. H. C. Macnamara, instruct- ed by Mr. Armstrong and Mr. G. G. N. Tinson, (of Messra Deaconą) was for the Hong Kong and Shang hai Bank and the Chartered Bank jointly; Mr. F. C. E, Rendall was for the petitioning creditor; Mr. H. Denuys appeared for Mr. Steger, senior partner of the firm and air. D. B. Evans was for the junior partner, Mr. H. Artas.
Mr. Agassiz read the reports of two creditors' meetings at which nine-tenths of the creditors wers present. At the fresh first meet ing a resolution against bankruptcy was passed, but this was subsequent ly reversed.
Mr. Agassiz cited authorities giv ing power to call the fresh first meeting. As no valid resolution was passed the initial meeting was invalid, and, therefore, the Court could not adjudicate on a resolu tion passed at that meeting.
On the sufficiency of assets, Mr. Agassiz said the Ordinance laid down the limit of 15 per cent., but.
this was entirely in the discretion of his Lordship. He asked whether this was a case where his Lordship should exercise discretion to ad 2 per cent. 1 judicate when the assets were only
Had the offer for the sale of the goodwill of the firm gone through, there would have been $15,000 and the application would not have been made, but that asset had been destroyed.
cent.
The six firms in question were :—
Ip Shui Lum, 219 Des Voeux Road West (30 tons).
Tan Tuk Choi, 382, Des Voeux Road West (40 tonay.)
Yung Pun, 360 Des Voeux Road West (22 tons),
Koshing,
Ng Yim Pun, 319 Des Voeux Road West (111 tons)..
Wong Fook Chan, 37, Street, (11 tons).
Yum Wiog Yu, 12 "Street, (22 tons)...
Wilmer
They were charged with failing to furnish the Hon Inspector of the Fire Brigade, with the names General of Police, as Chief Officer and addresses of the premises in which these Breworks are stored; and also for not storing them in buildings conforming to the re- quirements set out in the new Re gulations, under the Ordinance made by the Governor in Council on March 10 of last year.
It was pleaded by Mr. F. H. Loseby on behalf of the defendants, that owing to the nature of the buildings the dealers were not in a position to comply with the con ditions..
They were required to have suh- stantial buildings of brick and stone set at least 50 feet apart from a dwelling, for stocks excreding 400
lbs.
Mr. Loseby submitted that wita building and limits of space be- ing what they are in the Colony the conditions were impossible, and the only way out was to dump the whole lot of fireworks, over 200 tons, into the harbour.
CANTON NOTES
City On Holiday
GENERAL TSAI TING KAPS UNEXPECTED VISIT
(From Our Own Ocrrespondent)
Canton, January 28, For the last two days, Cantour City has been on holiday. Prae- many still are, boing closed, and tically all business houses were, and business has been at a standstill "except for the thu-houses atl theatres. The holiday crowd to these places of amusement has been unusually and perhaps unexpectedly large this year, and indeed the latest talking pinture theatre in the city, expecting it to be so, has made a last-minute rush to have its doors open on Now Year's Day, though the construction work on the building has not been fully com plcted. The Fair on the Bund in aid of the Volunteers has proved a tremendous sucdees, and it is esti mated that the daily visitors to the present show are many times the similar fair at Honam during the size of those who went to the Gregorian new year senson:
At Fati.
The
Across the river at Fati-the land of flowers the Canton Orphanage is holding its annual exhibition of work done by the inmates. yearly fair on the grounds of the orphanage in connection with this exhibition is held as usual, as the funds thus realised are needed for the institution which is financially not very well off, though it is now run by the Municipality. The usual new-year crowds to the orphanage and to the beautiful flower gardens in the vicinity are nevertheless, a little diminished this year owing to the other fair referred to above,
Generals Trai and Wong.
An unexpected visitor in the city arriving a few days ago is General Tsai Ting Kai, the 19th Route Army Commander. It is not known if General Tani's visit here is purely Instead of being able
1 For the prosecution, Mr. Fitz- private, as he himself would admit. Since here, he has however seen to pay six or seven per cent, they Henry pointed out that it was mani now were only able to pay per festly dangerons to leave the fire most of the local leaders as well as works as they were at present, and General Wong Shiu Hung, Minister Mr. Agassiz questioned whether recalled many house fires and fatali- of the Interior, who is still in this was a case out of the ordinary, ties in the past, which he attribut- Canton en route to his native pro- or one in which the partners desered; more or less to the presence of vince of Kwangsi. General Tssi is ved special consideration. Possib. these enormous stocks of fire now also the director of the Foo- ly Mr. Arfas did. He was not re- crackers. In the present case, the chow Pacification Office, and in this sponsible for the state of the Com- defendants were all using naked capacity, it is stated, he has been pany, but was a victim of misfor fires for quaking on the premises, discussing with the Interior Minis tune. A chartered accountant' bad'
His Worship, Mr Wynne-Jonester questions relating to bandits imposed a nominal Line of 810 os suppression in Pukien province. the first, summons.
been unable to make anything of the books of the firm, and there were only aufficient assets to pay
per cent.
With regard to the second suni- mons Mr. Loseby applied for an adjournment in order to enable him to consider the position.
Shanghai War Anniversary. The presence of General Tsai in Mr. Macnamara dealing with the,
the city has been deemed oppor tune by the local antherition who question as to whether a mistake had been made by the creditors at
His Worship.in, granting the ad- have ordered a service at the Dr. the fresh first meeting said that
I consider it is my duty here to morning to commemorate the first authorities showed that if there had journment till this morning said: Sun Yat Sen Memorial Hall this been a mistake, then the Court, or protect the lives and property of anniversary of the Japanese attack the Official Receiver, had power to the public, and it looks to me that on Shanghai this time last year. call another meeting. The Official Receiver argued more on the quesa most dangerous practise has been In the speech-making that took tion as to who made the mistake going on for a long time. Regula place during the meeting, such was
and I must stop. it.
whose resistance is thought respon- than whether there had been a mistions have been made to stop it, mid to the credit of the 19th Route, take or not.
Where lives were at stake provisible for the preservation of Shang. It might have been a mistake at sion for their safeguard must rise hai and held as an example to be tributable to the Official Receiver above considerations of loss, al- followed in the other parts of the or it might have been attributable though it might be a loss affecting country to-day. to the creditors themselves. It was! not a question of those who had one of the Colony's most important attended the meeting changing! their minds. They had wanted to have adjudication all along. The mare fact that they did not vote for, but against adjudication at ins
The ovidence of the Chinese de- tective was then proceeded with, and, in answer to Mr. Fraser, said that the prisoner on being arrested
charge of murder said:
・I. The third man to be charged with on a the murder was then arraigned bo"Nothing can be done now, fore the Court and pleaded "not didn't want to run away; if I want od to run away I could have escap
time was because of what the Off- guilty."
ed."
Several other witnesses were call-cial Receiver had said that it ed during the afternoon, including would be of no use for them voting Lam Heung, a police informer. The for adjudication. latter said that at a teashop, over a bowl of noodles, the accused had conversation with him. In the course of that conversation accused is alleged to have referred to the murder and to have stated, that he and two others were concerned in Objection Over-rbled.
Tho came was opened by Mr. Fraser, who stated that the accused was a street barber and took up his pitch a
month before the murder was committed. He sold his pitch during October to a street hawker and was absent until the time of his arrest. After selling his pitch he went to live at the failor's it. - shop where the deceased lived. He
Ac-
1
His Lordship said that he woul-l require proof that a mistake had been made.
"
trades.
COGS OF CIVIL SERVICE
HOPELESS
BRIGHT YOUNG PEOPLE IN JOBS FIT FOR IMBECILES
Those Hand Wagons. Visitors to Canton will no doubt generally agree with the fact that the obstructive hand wagons and the manner in which they are being operated constitute a great nuisance on the roada. The matter has been complained of often and in foot the Municipal authorities have issued orders banning the use of such wagons (except the wall-size ones). beginning with the year 1934
Mr. Macnamara: My clients are DOCTOR TALKS OF "NERVES" | Meantime a decision has just been
prepared to give evidence to ex plain how they made their mistake.
Mr. Macnamara submitted that this was a case which required in vestigation. On the reports read
reached prohibiting the use by these wagons of the new bridge across the Pearl River which is shortly to
be apen
Conditions of work in the Civil Service were condemned by Dr. Millais Culpin, Professor of Medi-
Salvaging was there for about a week. On the Mr. Lim objected to this evidence by the Official Receiver the case cal Industrial Psychology at the
Laging of Gunboats,
The local anyal squabble a few. evening of the 27th September he on the ground that the witness, was could not have been investigated in London School of Hygiene and was ecen in the company of the an agent of the polios and as such
a manner which proved that all and Tropical Medicine, when months ago is recalled with the re- deceased and after that his precise his questions to the prisoner to- assets had been brought to light speaking at the winter school for ported decision of the naval autho movements were not known.
conversation in a teashop.could not abilities of the firm by $100,000. "We have allowed a bed system to salvage of the Fei Ying which was be admitted in Court.
It might be that, having a memory grow up in the Civil Service," he sunk by the local Air Force off oblike that, be would under-estimat side. We take a large number of Hainan last year. Some 82,000
ed the assets.
bright young people, make them have been expended on plans to His Lordship: That is a bare pos pass examinations, and then put salvage the vessel, but it is found Service, which can be adequately much that the money thus spent sibility, and it would be dangerous them down to work in the Civil cut that the work would post so to accept that argument.
cused was found in a barber's shop gether with prisoner's answer at a ME Steger had under-estimated the health visitors in London recently:rities to abandon the plans for the
at Aplichau, Aberdeen, and was ár- reated on November 12 when 6 statement was obtained from him.
Evidence Called,
Chan Chung, a Chinese constable, stated in evidence, that accused made a atatement after being cau- tioned,
Mr. Lin Did you tell him he must tell the truth and it would be better for him if he did t
Witness: No. I did not say that. I told him he need not say anything unless he liked, at ma
Mr. Friser submit that on the evidence before the Court the prisoner was properly cautioned and
TWO CHINESE WILLS
His Lordship overruled the
jection.
Witness continued his evidence, said that accused had said that the deceased was murdered because of
quarrel over some spoils which were not fairly divided. Witness had His Lordship refused the applica- done by high-grade imbeciles. We may well be used for the building. then said Wears clausmen, tell tion made by the Official Receiver make them mere odga in this vast of a new ship. The smaller gun- me all you know." Prisoner is then on the ground of the practical un-machine with no hope of getting bost, the Kong Hon, which was alleged to have expressed a wish to snimity of the creditors in their way from it, and all the time we sunk with the u'ei Ying, will never go to Wuchow and to stay away desire that the bankruptcy pro dangle the carrot of a pension betheless be salvaged
fore their eyes. for a year or so. He asked witnesscendings should continue:
to try and obtain a free passage for Lordship said that it was only on thie- ground that he arrived at his decision.
At the close of this witness' evi dence, the mass was adjourned until this morning
"We are asking for trouble, and we get it in the nervous disorders to be found among Civil servants, The Laugh that Changes,
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