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HONG KONG DAILY PRESS, SATURDAY, SEPTEMBER 16, 1933.
FORGED NOTES A KOWLOON DANCE BAND
Chinese Soldier Acquitted
MAGISTRATE AND THE BENEFIT OF THE DOUBT
THE CASANOVA APPEAL TO THE FULL COURT
Alabaster Was
An appeal against a decision of Mr. Butters, the Kowloon Magis- edit a new edition of the Ordin- commissioned to
trate, in respect of a conviction en- ance in 1913 and he dealt with tered by him against the proprie- | the sections concerned in exactly tor of the Casanova Dancing the same way as Sir John Car- Academy. was made by Mr. Leo rington did; he treated them as D'Almada e Castro, junior, before part and parcel of the Summary the Full Court, consisting of Mr. Offence. Ordinance. In his 1924 Justice Wood and Mr. Justice Lind-edition he treated the Ordinance
The Court heard argument on points of law.
It will be recalled that on August 3, 1933 Mr. F. E. da Silva, proprietor of the dancing estab- Hishment in question was fined $25 for creating a noise on the night of July 8, which was calculated to disturb the complainant in the case, & Mr. H. J. Luhring.
I think fought to accept his explanation. He may be guilty but I should feel very uncomfortable if, I convicted him. And that being so I am bound to let him go, re- marked Mr. Wynue Jones at Kow-sell.
von Magistracy yesterday when he discharged a Chinese who was ac cused of uttering forged notes and with" having such notes. in his poe session without proper authority. Outlining the case, Det.-Sergt. Goodwin asid that according to the complainant, Lung Sik defendant Come into his shop on the 10th and | bought a tin of condensed milk for which he tendered a ten-dollar note, Complainant saw that it was a forged note and told him so. He then paid for his purchase in silver. By this time a policeman who had been attracted by the crowd walked into the shop and after some talk the defendant was arrested. When searched at the station another forged ten-dollar note was found in a purse he had on him, together with a good five dollar note and some loose money.
Expert evidence to the effect that the notes were forgeries was given | by Mr. J. M. Pinni and Mr., K. K. Lewing of the Chartered Bank and the Mercantile Bank respectively. The colour of the forged ones was. in both cases different from that of the genuine ones, and where, in the Chartered Bank note the signaturs was written in ink on a genuine note, in the forged note it was lithographed.
Complainant then gave evidence, He said he was a shop-keeper at 31 Main Street. He corroborated Sergt. Goodwin's statements, and hdded that the defendant had told him that He would go with him and look for a friend," and recover the money which witness had lost as a result of having bad another forged ten-dollar note passed on him the day before,
His Worship (to defendant) Did you say that 1-No. After police evidence of arrest and the search had been given the defendant Ng Wan elected to give evidence.
His Mother's Gift
་་
He said that both of the notes had been sent to him by his mother from the country, to pay his fare home-and to enable him to buy things.
He knew nothing about them being forged,
**
His Worship: Why did you ten der a 810 note instead of the five?
-I forgot I had a note.
Afte further questioning Mr. Wynne-Jones remarked that he be
|
In the appeal yesterday, Mr. Luhring, was not present, nor was he represented.
three
under the same principle, so that it will be seen that from its 12- ception until 1934 there was no al- teration in the cope of these ser- tions, the only difference being that the preamble was not includ- ed in the latter.
zi
In the amendment of the Sum- mary Offence Ordinance, No. 20 of 1930, there was an amendment to section 13 of the principal ordin- вnce, the amendment being in the shape of a proviso which allowed marriage and funeral music. Mr. D'Almada said that this proviso was taken. from a section in the Regulation of Chinese Ordinance of 1888, which stated that Chinese music was not allowed between 11 p.m. and i am.
D'Almada raised Mr. points of law. The first was that the section under which "the de- fendant was convicted was never intended to cover such an offence as the one in this case. Becondly assuming there was any ground; Mr. D'Almada argued that the for complaint on the part of the present ordinance still, referred to complainant, his proper remedy noises made by watchmen ant was by injunction and thirdly other servants and said that the when one came to consider a ques- scope of the ordinance could never tion such as that of noise. the have been intended to cover music noise would have to be considered¦-dance music, side by side with the locality in which it was made.
11
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Continuing he said that if in) fact the complaint had been that With regard to the first point, the nuisance had taken, place over Mr. D'Almada traced the section a series of nights, the obvious under which the conviction was re-thing for the complainant to do gistered to what he described as was to move an injunction against its source. He said that the first the defendant.. ordinance on which the present Mr. D'Almada point out that the ordinance was based, came into locality was. one in which, one existence in 1844 and was designed might well expect to find an or- to prevent watchmen, who went chestra playing. There were seven on their beats with göngs, etc., premises there with a liquor licen- from disturbing the inhabitants of ces, there was the Star "Theatre the city. The preamble clearly and the area, although a quiet one stated that. Mr. D'Almada then previously, had now become one In took his Lordships over the various which the type of business con- changes which that ordinance had ducted led one to expect an or- gone through, pointing out that chestra. Further there was no Mr. Leech who was commissioned suggestion that the music was bad to compile a new edition of, the music. ordinances in 1890, left the origin- Mr. Justice Wood pointed out al section untouched, and Sir John that it had been held in one case Carrington, in his edition of the that practising plaño playing in a ordinances, published in 1902, also boys' school was a nuisance, and left the section exactly, as it was, that the same in a girls' school but He had dropped the preamble. was not (Laughter). Sir John Carrington incorporated Mr. D'Almada, asked that the dinance concerned) into the Bum- the Ordinance 17 of 1844 (the or- conviction be quashed.
Their Lordships reserved thei mary
Offence Ordinance. Mr. decision.
A LEARNER DRIVER
Summons Against
make him in charge? Yes, it doës.
Do you mean to tell me that if
lieved the man might be innocent. Fellow Passenger Fails I have car licensed in my name,
Asked by the Magistrate ab Sergt. Goodwin's suggestion, Ng Wan said that he had got the 96 note from ahing tai," that is a "brother." His Worship: And then this windfall came from your mother How did it came! It was sent by a "traveller."
and you are a licensed driver and you sit in front while I sit at the back, and a third party, an un- ilcensed driver, drives the car, YOU are the man in charge?--Yes
An interesting pot as to the responsibilities of a motor driver was raised yesterday at Kowloon
an was summoned before Mr. position to apply the hand brake Magistracy when Mr. Lam Ming- "Why?--I would then be in a
Hie Worship: (to Sergt. Good Wynne-Jones for allowing B and take over the wheel in case win); He is telling the truth, isn't learner driver to drive a car, of of emergency. he. I think he is, I do really, which he was in charge, in an Sergt. Goodwin: Will you ask area not stipulated in the learner- him why be bought the milk -His driver's licence." Worship: As a boy I liked it a lot, I used to suck it.
His Worship: I tell you why I think he is all right.
It was stated by Inspector Nichol that the car did not be long to Mr. Lam but he was sit ting with the learner in the front He has only been here a short seat and the latter was at the time and he can't have seen many steering wheel ten dollar bill
His Worship-How could Me Sergt. Goodwin: He was a sold-Lam be in charge of the car? ior before he came here.... His Wor- ship: Or, it's fashionable to accuse ting beside the learner driver.
Inspector Nichol. He was sit soldiers of bad tricks.
He pointed out that the fact that
in the search all the notes were
found in the samo place in the pure was in defendant's favour." I
His Worship But that does not
think there is sufficient doubt as to go home when he got the money i
not laid down, but that's the view Where is it laid down? It is
of the Police.
Referring to the summons His Worship remarked, fir. Lam was not the owner of the car, how could be have the legal right, to allaw, or refuse anybody to drive the cat."
The Inspector agreed with Ella Worship and asked for the leave to witharaw the summons. He intimated that a fresh summons. against the owner of the car, would be taken out.
The summons against Mr. Lam was, accordingly dismissed.
his knowledge for me to discharge sarily go home at once. I think I case, was fined $5 for driving in him," he added.
His Worship: Ha need not neces-driver. concerned in the previous Mr. Tang, Shiu-kin, the learner
ough to accept his explanation.
learner's licence.
Sergt. Goodwin: "He passed many He may be guilty, but I should feel an area not stipulated in his grocery shops on his way to the complainant's shop: will you ask him. And that being so I am bound very uncomfortable if I convicted him why.
His Worship: I don't think you to let him, you ar
can ask me to deduce anything from To defendant You are discharg that.."
ad. You had better give up the Sergt. Goodwin: Why did he not notes or you will find yourself in (Continued at foot of next column, trouble again."..
"You don't seem to have a thought for anything but motor- ing. Why don't you put your wife before your car sometimes?” he w "I'm scared of being found 'out."
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