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HONG KONG DAILY PRESS, WEDNESDAY, OCTOBER 10, 1934.
Around the Courts
UNDERGRADUATE FINED
It
Defendant; There's nothing I can say, then?
A. C. Nolasco da Siva, an un- His Worship: I'm afraid not. I
Hong dergraduate of the
Kong have found, gainst you and fine University, was fined $10 by Mr. you $10. I fo like you can Hamilton Central Magistracy a solicitor and appeal against my yesterday on a summons of caus-decisión within ever ing an obstruction on a footpath in Wangneichong Road by parking his car. No. 948, on the east side of the road.
His Worship decided to visit the place and remanded the case for the purpose...
SANITARY BOARD MEETING
Bye-Laws Amended
The question of Food Preserving Establishints was discussed at the forth the meeting of the Sani- fary Board yesterday when Dr. J. M. Gray, medicii officer of Health, moved the following resolution!
That the bye-laws governing Eat- ing Houses, Bake-houses, Aerated Water Factories Offensive Trades, and Food Preserving Establish- ments be amended by the addi- tion of the following:-
DOG STEALER FINED Leung Ying, a 43-year old un- When the care first came up be- employer of 118, Yee Rük Street fore His Worship á fortnight ago, was charged before Mr. Wynne defendant admitted that his car Jones at Kowloon Magistracy yes- was there but denied that it caus-terday with (3) larceny of a dog's ed an obstruction. He said there collar and licence badge, at Sham-
"Where any part of a floor to was still plenty of room for pedës- 1 shulpo on October 7, (b) receiving
stolen property. (c) possession of which the licence relates is used trians to pass.
part a stolen black chow dog, and (d) for sleeping purposes, such keeping a dog without a licence. shall be partitioned on from the According to Detective-Sergeant remainder of the floor to the sa- Franklyn 10 dogs' talls, six collars.tisfaction of the Board; and no and seven muzzles were found in part of the trade shall be carried defendant's room. There was no on and no storage of raw-mater- doubt that the defendant was aid)s or dinished products shall be permitted in the part so partition- professional dogstealer.
On the first charge defendanted off for sleeping purposes." His Worship added that he had was sentenced to one month's Hard been to see the spot and found it labour, the second was withdrawn, to be most palpably a pavement. on the third four months hard the Any car parked there. either side- labour, consecutively and on ways of fore and aft, was an ob-fourth he was red 35, in default.
Ven days hard labour. struction.
When the case came up yester- day morning, His Worship re- 'marked: "Mr. da Silva, I have to thank you for having wasted more time of the Court than anybody has done for a long time."
COURT OF CRIMINAL APPEAL
Further Submissions By Counsel
The Court of Criminal Appeal continued its sitting yester- day to hear the appeal against the sentence of death recently passed on Ng Loi Yuen.
Mr. R. C. H. Lim (instructed by Mr. T. P. K. Kemble) con- . cluded his arguments on behalf of the appellant. In the after- noon, Mr. J. A. Fraser for the Clown replied to the points raised by Counsel for the appellant.
11
Answer To Points Raised
Attack Unexpected Mr. Justice Hayden: It would he an extraordinary coincidence.
Continuing to amplify points. His subañission was that there brought out at Monday's hearing was no motive at all, and it was Mr. Lim said he had looked up the equally consistent with the Crown's authority quoted by their Lord-theory to say that if accused threw ships and was still of the opinion two children in, the others fell in that the Trial Judge did not with sufficient clearness put the case for the defence before the jury. He would not have brought the point if the learned Judge had made no statement at all as 50 whether the defence put up was in contradiction to Eric Davies' evidence; or had said nothing away. Mr. about the two bruises on Mary
Justice Jacks: He might Pine's neck and the importance of | have done it quickly before they her identification at the Palice realised what was happening. I Court.
If he had not referred to these points, then what was sald by the Counsel for the defence would have "emained, in" the minds of the jury.
Prejudice Unavoidable,
The defence maintained that the blow which killed the boy must have been caused by a fall into the nullah whilst throwing stones" 3r playing, or else by being wash ed against the wall whilst in the nullah. This theory was equally consistent with the theory of the Crown that accused threw the boy in, and therefore there was case to go before the jury.
In fact the jury had been asked to guess which theory to accept.
He submitted that but for these misdirections the verdict would have been one of acquittal
no
Going on to the law, Mr., Lim submitted that the learned Trial Judge was wrong in not withdraw- ing the case from the jury on the aubmissions of the Counsel for the defence that there was no case to go to them.
E
Mr. Lim: There are improbabi- ties on both sides. For instance, is natural to expect that if ac- cused had thrown one children in, the others would run
is not impossible.
or two
Mr. Lim: It is a strange coin- cidence."
||
Mr. Justice Jacks: I don't think so. The attack was very un- expected.
Mr. Lim: Mrs. Fairburn describ ed how when accused had thrown one boy into the nullah, the girl was looking into the stream. Was that natural? ..
Mr. Justice Jacks: She might have been petrified with fear.
She
was very young.“
Mr. Lim: It shows there were Improbabilities on both sides.
Mr. Justice Jacks: Those were for the jury to decide.
Mr. Lam: And where there were Improbabilities there were doubts. Mr. Justice Jacks: The Jury were instructed to give accused the benefit of the doubt.
Mr. Lim: At any rate it entitles the defence to say that they put a theory equally consistent with the Crown's theory.
To Bridge The Gap Counsel, continuing, submitted that. the Crown attempted to bridge the gap created by Mary Pine's evidence by formulating a theory. They had no right to at- tempt this.
The Question of Motive There was no direct evidence from Mrs. Fairburn or Eric Davies that they saw accused throw the
Mr. Justice Jacks: He was enj- boy into the nullah, and medical titled to do that and you put in évidence agreed that the injury which caused his death could have your theories or suggestions on been caused by a fall or a blow the other side. against the side of the wall.
As for motive, the letters which were found in accused's bag had been read together and construed és a motive but he would suggest that if the motive was that it was
Mr. Lim: The onus was not on the defence. If the Crown had not put in their theory, the defence would not.
in putting forward his motion. Dr. Gray said that, food preserving establishments bad, in his opinion, not been hygienically conducted In that a number of watchmen had been allowed to sleep on the premises in a number of cases. In one case, he came across in a file. In his predecessor's time some fokis were found sleeping on sacks of flour which were intended to be made into bread. He considered therefore that the domestic part! of any licensed premises should be completely separated from the pot- tion where the business was car- ried on by partitions and he there- fore
the bye-laws moved that governing such licences be amend- ed.
Mr. Justice Hayden suggested that the bridge was built on ci- cumstantial evidence,
brave thing to kill Europeans. Mr. Lim: When the theory of that motive had been satisfed the Crown is equally consistent when he had grown two children with that of the defence there 15 into the high. There was no circumstantial evidence and no evidence that he knew there wpple, case to go to the jury. “ be children on the bridge when
he, went there.
The other motive suggested was drawn from the Katement, Commit suicide because I'
oney!
The Main Question
"My further ground of appeal
The motion was carried.
Those present at the meeting were: Mr. R. A. D. Forrest (Presid- ent), Hon. Mr. R. M. Henderson (vice-president), Hon. Mr. N. L
for (Secretary
Chinese Smith Affairs), Dr J, M. Gray (Medical Wong Officer of Health); Mr. Kwong Tin, Mr. M. K. Lo. Mr. L. C. F. Bellamy, Dr. L Shu Fan, Dr. R. A. de Castro Basto, Mr. C. J. Roe (secretary), and Mr. Im Ping- tseung (assistant secretary).
it this in view of the fact that Mary Fla's evidence was
214
(Chhtatet on Page 11)
ch
The original letter it held at Arcadzi Wasket did its authenticity can be verified.
K. M. A.
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