||
BRIBERY CONVICTION
QUASHED
Sanitary Interpreter Freed
An appeal brought by Mr. Hi C. Macnamar, who was in- structed by Mr. M. K. Lo on behalf of Cheng King U, an inter- preter of the Sanitary Department for the quashing of the con- Flogan of the defendant when he was found guilty by a jury and sentenced to 18 months' hard labour at the last Criminal Sessions on a charge of having accepted a bribe of $50 was suc- cessfully upheld by the full cost composed of the Chle. Justice, Sir Athol MacGregor and Mr. Justics J. J. Hayden at Supreme Court yesterday and the defendant was set free.
HONG RONG DAILY PRESS, THURSDAY, SEPTEMBER 5, 1935.
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Mr. W. J. Lockhart-Smith, Assistant Crown Soiciter ap- peared for the respondent-the Crown.
4
The appellant based his case on two grounds: (1) that the trial Judge was wrong in holding that neither of the two witnesses was an accomplice and according- ly that their evidence would quire corroboration; (2) that the trial Judge mis-directed the jury in that he did not give them any warning against accepting their evidence "without corroboration.
re-
Recalling the facts of the case, Mr. Macnamara sald his client had been convicted of bribery. There were actually two witnesses against him, one of whom said he. offered the bribe and the other tesfided that he acted as inter- proter in the transaction, These two witnesses gave evidence for the Crown and they contradicted each other on several points, one of which was the actual date on The position of the two witnes- which the bribe was alleged to † 50s was- & little difficult. After have been, offered and accepted. dealing with the definition of an accomplice. His Lordship Sald that this view the nexus between persons in an action such as this was nowhere closer than in the case of a bribe: it was closer than in a case of incest on which au- thorities had been
Counsel then went on to em- phasise the necessity for corro, boration in a case of this kind. There was no corroboration, he said, in the evidence given for the Crown, while, on the other hand, the defence had brought three respectable persons to prove that the appellant was away at the time when the incident was alleg. ed to have happened.
|
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Messrs. Melchers & Co. Bank Line (China), Ltd. General Mectric Co. (of
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Total
500.00 50.00 25.00 50.00
50.00
BANK OF CANTON
CLOSE DOOR
Repercussion Felt
THE CHINESE CHAMBER
Tonthly Committee Meeting
Repercussion to the sensa- tional closing. of the Bank of Industrial and Commercial Banking of the Chinese General Cham- Canton Ltd. was felt by the The monthly committee meet- Ltd. early yesterday morning, ber of Commerce was held at the when a wall run was commended Chamber's Headquarters yesterday by depositors antidious to withdraw afternoon, when the chairman, their savings.
He was supported by Mr. Au Chak Mr. Wong Kwong Tin, presided.
sum, Hon. Treasurer, and Mr. Chan Ping Au, Hon. Secretary.
Lut
The Industrial and Commercial! Bank presented a busy scene when "Daily Press" representative called round, but in a statement
Other members present at the granted by an officiat it was said meeting included Messrs. Tang that no calamity was being shiu Kin, Mok Kon Sang. caused. They had ample reserves Yam. Shoen, Chiu Chiu Fan, Yung to draw upon, and the manage Koon Man, Kwong Shiu Ying, ment felt no Cause for alarm wong Luen Fook, Kwok Tsan, whatsoever.
Kwan Nan Pak, Ko Chung Nam.. The action of some of the de-Tang Chi Cheong, Ghi Chan positors to become panicky was Yue, Llp Yung Ting. Li Sau Nam, not an unnatural reaction, since so Chi, Yue Chuek. Sang, Chow It was quite a natural sequence sing Chi, Yeung Shu Cheong. Ho 50.00 to the logical effect produced by 50.00 the closure of the Bank next door,
Kan Chow. Tang Yuk Tong, Li 25.00
Chor San, I Yłu Tong, Lau King! Questioned about
exact Ching. Chan Kim Tong. Chan extent of the run, the official said Tat
Sam, 50.00 that it was not very large and all Cheung Lan Chow, Dr. Li Ping
Wong Chung Hin 10.00 calls were being met with con- Sum and others..
fidence. A sum of approximately. $30,000, had been withdrawn. This only represented a very small amount "as compared to what the bank has deposited in their vaults. "We can guarantes, to meet all demands, and we are able to pay in full,” said Mr. M ́K. Wong, the
500.00 50.00
100.00 100.00
$2,370.00
actions of the giver and taker of Freviously acknowledged... 4,600.00 Secretary, a bribe were essential for the complete constitution of The, "of- fence of bribery and he came to the conclusion that Ma Shing clearly was an accomplice with appellant in this case. :
NO DIRECTION.
If therefore followed that it was the duty of the trial. Judge
The legal argument was whe- ther the two witnesses were ac- complices or not in the sense that ther evidence required corrobora- tion. The trial judge (Mr. Justice Lindsell) did not direct the jury on this point but what he said -in-his-summing-up was The to-direct-the-jury-in-that-sense,
case which the defence has quoted is in their favour. The case which the Crown has put forward is in their own favour. I hold, though not without considerable doubt that the Crown witnesses are not accomplices."
DOUBT
Counsel submitted that when a judge had considerable doubt, he should have given it in favour of the defence. But in this case It was exactly the opposite. Fur- thermore, the principal witness who said he offered the bribe could have been charged under the same indictment together with the appellant, as the law had stated that a giver or an accept e of a bribe wete equally guilby. A person who gave a bribe was just as bad as the one who se A case of cepted it.
this kind. unless it was carefully dealt with. might give rise to serious injus- tice.
In the present case the appell ant had not had a trial according to the rules laid down, and there- tore the conviction should be quashed.
Replying for the Crown, Mr. Lockhart-Smith contended that the general practice was that be- fore the two witnesses could be
but nowhere in his summing up was there any such direction.
Strictly, it was unnecessary for the Court to consider the case of Shu Shek-shut, but he was 'pre- sent during all the negotiations and was admittedly the charine through which money passed. His was essentially a case in which the words of the Lord Chief Jus- tice in King, versus Cratchley. clearly applied. "There was evid~ fence that he had guilty know- ledge which was at to be felt to the jury because in the such evidence it is for the jury tu say whether or not he had such guilty knowledge."
Concluding, the Chief Justice said, "The present summing-up is unsatisfactory and the conviction cannot stand. It will be necessary for us to consider whether or not this is a proper case in which to order a new trial."-
case
of
the
The position of the bank, added .$6,970.00 | Mr. Wong was very sound and he felt sure that business would re- sume normal proportions as soon as the effect of the others closure had worn off.
THE FAMILY
MAN
Twinkle Twinkle little Star Oh how I love my dear Papa, He very often comes home tight And starts a little family fight
་
Twinkle Twinkle" little Star I hope Pa's" at the clubhouse
Bar, For if he is, and there's no buts He's sure to bring us salted nuts
Twinkle Twinkle little Star I hear my Pa's shouts from atar, He shouts with beery voice of
Joy
AGENTS WANTED |!
After reading all the Corres- pondence and reviewing the busi- ness matters of the last month, the Secretary told the meeting that during the last month, the Chamber had received
many
letters from the different firms and manufacturers in Stam, In- dia, New Jersey (North America) and Osaka (Japan), applying for recommendations for reliable loc-ail Chinese agents and representa- tives for their products. He added that replies to the above men- cloned requests had already been“
CROWN RENT
sent.
BANK CLOSES The real reason why the Bank of Canton, Ltd has been forced to display a notice reading that "The pank temporarily suspends With reference to the letters payments pending reorganisation" sent by the-owners-of-the-ship--| 48 because over, 10.000,000 which building. yards and timber, iner- represented capital invested by chants at Cheung-Sha-Wan, Kow- Overseas Chinese, had been with Joon, requesting the Chamber to drawn as a direct result of de- forward their petition to the local pression and unemployment over-
Government asking for the re- seas, it was stated yesterday. duction of Crown Rent, on account of trade depression, it was decided by the Executive Committee that first be their petition should
before translated into English sending it to the Secretary for Chinese Affairs for consideration.
CHAMBER'S CONTRIBUTION Regarding the letter sent by tion, requesting the Chamber to the Hong Kong Travel Aascota-
give their support in making the business in the Colony prosperous, it was unanimously decided that the Chamber should contribute a sum of $1,000.00 as requested.
A large crowd of people were to be seen all morning and, most of the afternoon yesterday at the door of the closed premises, some even going round to the back of the building, whilst others peeped in all the windows bordering the lane on one side.
the
A thing that sounds like "attaboy" Chung, manager and cashier of In an interview Mr. LTsze
Twinkle Twinkle little Star Pa's coming up the stairs, he are, He steps up one and drops back
two
#
I think he's full of "Barley
Brem
Twinkle Twinkle little Star Paps wonders where you are Chief He's searching for you full
trouble
Mr. Justice Hayden expressed his concurrence with the Justice."
Д re-
Mr. Macnamara, addressing the I think my Pa is seeing double Court on the question of trial, suggested that if one were ordered, It would place the Court 1: the position of quashing the conviction again.
The Chief Justice, with the concurrence of Mr. Justice Hay- den. quashed the conviction and made no order for, a re-trial. He be indicted either together, with also thanked both parties for.
regarded as accomplices it must be shown that they were able to
of
Twinkle Twinkle little Star My Papa rides a Motor Car we go with him we're under six The car's the bus, and we pay
nix
Twinkle Twinkle little Star I'll now ring off about Papa For if I tell you any more
the appellant or separately for their researches into the legal My daddy might at me get sore. the same olence with which the aspects of the case.
appellant was charged, He' sub- mitted that the two witnesses were not, accomplices and could not therefore stand in the dock with the appellant on the same charge. The principal witness was threatened itno offering the bribe and there was no evidence to show that he offered it voluntarily.
BEING ACCOMPLICES)
►
Mr. Macnamara said that what appellant objected to was that though they raised at the trial the point about the two witnesses be- ing accomplices, and though the prosecution strenuously objected to it, the trial judge made no re- ference to the point in his eum- ming up. In case either of the two witnesses was an accomplice, a warning should have been given. The defence maintained that both of them at least certainly one of
them was an accomplice, and the jury should have been told that. In this event, their evidence re- quired corroboration,
THE DECISION
#
AWKWARD JUBILEE
STAMPS
Sir Ernest Bennett, Assistant Postmaster-Genera1; replying in
the Bank said "Many of Chinese overseas have lost their employment, due to the depression and as a resuit their deposits in Hong Kong and China have been withdrawn. This is also due to
At the conclusion of the 'meet- the unfavourable exchange. They
ing, the Secretary afinounced have withdrawn their deposits in that during the last few weeks, the hat because they bave families to support."
"Due to the unemployment and the exchange, the money with- drawn is greater that the deposits; also there has been some excite ment among the depositors in general."-
eight new members from the had applied to the Chamber for different firms and manufacturers
The applications membership. were passed unanimously by those who were present.
The search for Tibet's new Dalai
The Directors of the Bank had tried their utmost, said Mr. Li to REINCARNATED AS BABY save the difficult situation, but outflow of money had been so great that it was found impossible. A meeting of the Board of Direc- tors was held on Tuesday, when certain schemes outlined will be presented at a later meeting of reincarnated soul of the late Dalal the creditors of the bank, and Lama, who died in December,
Lama, all-powerful ruler of millions" of people, has officially begun,
According to age-old belief, the
MOTOR ACCIDENT vending their decision nothing 1933, must by now have entered
Old Man Injured
An Austin Car. No. 4551 driven
the House of Commons to Bir by Tsang Pei Lal and an Erskine Percy Hurd, who asked when the car No. 1018 driven by Miss Mall Issue of Jubilee postage stamps reen Moir of Talkoo Docks were ward form would censo, in view of the awk-involved in a collission
at the these stamps Junction of Percival Street and said it was anticipated that the Hennessy Road at about 4.45 pm stock of Jubilee stamps would be yesterday. exhausted shortly.
of
CLIO'S AIDE-DE-CAMP
39
It appears that while car No. 4551 was just crossing Percival Street from East to West car No. 1018 which was travelling along Hennessy Road in a westerly direction hit the Austin as it was The screen, it is often said, pill about to enter Percival Street on be invaluable in teaching history, the West ade. It was hit broad I have just heard tug George Arliss wise on the rear left heel by the stories which may have some bear Erskine the impact of which com
ng on this point, writes a corres-pletely overturned the Austin car pondent
An old man, 63 years of age named Lee Bau Lam residing at
was thrown about the car and received abrasions about the face and forehead. The other occup
"A Liverpool, master asked, "What
could be done at present,
NO TIEK LAIVILT
No definite time limit could be stated by Mr. Li before the Bank
resumed normal business. "We cannot tell for how long we will suspend payment "
the body of a baby, who must be found so that it may assume the spiritual leadership of the country. monks accompanied by four sooth- A mission composed of leading
sayers recently left Lhasa for the holy Kull Lake. They expect to" see the baby's present home mir- rored in the waters.
had been a run on the bank. A It was not denied that there forecast of the state. of affairs market last week, when shares of nual General Meeting held on existing was given in the share:- the bank which were nominally April 25, this year revealed that the market for $2.50, and offi-
$10.00 each were being offered on the deposits only totaled $16,284,- 341.84. The safe deposits (box cially it was learned that some holders, etc.) came to 851.891.51 changed hands at a considerably The cash in hand and at the lower price:
bankers (1933) was $6,835,724.26 while $2,142,270.09, Bullion and foreign 1934 it totalled coins in hand in 1933 totalled $321.700.68, and in 1934. $3,205.41
⠀ THE BANK'S CAREER The Bank was established in 1812 and has branches at Canton, Tpiahan, Shangha Hankow, Bang kok and San Francisco. It has an authorised capital of 275,000 shares bank registered at the Registrar
There are 15 directors of the. at $41.00 each which represents of Companies at the Supreme $11.000.000.00 and a subscribed and Court, Included amongst them. fully paid up capital of 216,640 being: Messrs Ll Yuk Tong
o Pong Shan, ko Comparatiye gires obtained i
decision of the Court, said that was the Duke of Wellington called No. 5 Percival Street, first floor shares at 8:40.09, sach which repre- (chairman), J. M. Wong and Look
are
The Chief Justice, in giving the leaving out certain purely formal before he was made a duke?" And evidence it would appear from a small boy promptly repiled, the learned trial Judge's notes "George Arliss, sir." -- and it had not been disputed by 3.A little girl said that either counsel that the only evid was a great English statesman who ence against the appellant was went into the movies," and a New that of the two witnesses, Ma Zealand schoolboy, asked who pur Shing, who admittedly found the chased the Suez Canaj shares för money which formed the bribe, Britain, reballed a certain aim and and the witness Shu Shekahul, declared with perfect conndence who acted as interpreter.
ants or the car were the son and the driver and both escaped with shocks,
The Austin car was damaged on the left side, moet of the plate glass being shattered while Erskine car suffered slight dam
the
agehand was able, to proceed a tez Miss Moir was unhurt.
sents #8:665,600.00; *** from the bank's statement of ap- counts for the whole years work- ing to 1933 and 1934 make in- teresting reading:
totaled $21,660,063.64 while-sale Deposits in December, 1933
led 850,423.65 deposita, (box holders, etc.) total
For December 1931, the remors issued at the 24th Ordinary? An
PANIO IN SHANGHAI
Bhanghal Bapt Depositors numbering over are comp are
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