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HONG KONG DAILY PRESS. WEDNESDAY, DECEMBER 15, 1937.
TWO APPEALS
ALLOWED
Magistrate's Decisions Reversed
Before Hi Honour the Chief Justice. Sir Atholl MacGregor, in the Appeal Court yesterday, an appeal against a conviction by Mr. R. Edwards at the Central Magis tracy on November 8, was heard The appellant. Yip Ken-chuen, allas Li Yau-sing,' 48, was charged at the Magistracy' with having attempted to obtain $1,000-by false pretences, between September and 13. from Chan Chun-yin, of No. 4 York Road. Kowloon Tong. by sending her a letter purporting to be written by her husband in Honolulu advising her to pay $1,000 to Li Yau-sing. of No. 65 Wing Street, as settlement of an ac- count between Li's uncle ard Chan's husband. He was convict- ed of the charge, and sentenced to six months' hard labour.
The Hon. Mr. Leo D'Almada, Jr.. instructed by Mr. H. L Kwan, of Wilkinson and Grist, appeared for the appellant, while Mr. EH, WI- liams, Assistant Attorney-General. was for the Crown
Counsel sald the appeal was made on the grounds of insuff clent evidence. The evidence ad- duced by the Crown was that the woman Chan received a letter pur- porting to be from her husband in Honolulu telling her to pay a sum of money to Li Yau-sing. She went to the address given in com- pany with two other women and interviewed the defendant there. She later received a subsequent letter from 'LI Yau-sing, and took the police to arrest him.
ATTEMPT TO DEFRAUD
FALSE PRETENCES CASE
The hearing of the case in which Cheng Ping-kwan, aged 24, broker, is charged with obtaining money from Mr. R. A. da Silva, manager of the Colonial Trading Company, by means of forged. orders, Wis held before Mr. R. Edwards at the Central Magistracy yesterday when after evidence was taken, the case was adjourned for judgment,
- Detective-Sergeant D. Davies prosecuted, and Mr. Hin-sting Lo defended.
Sergt. Davies said complainant was local agent for a cork firm in Portugal." Defendant was employ- ed by him as a broker and re- ceived a commission of two per cent. on orders executed. From September 9 to November 15, de- fendant gave Mr. Silva six orders. Of these, five firms did not exist. One, the Wing Fung Heung Arm. was a genuine concern, but the master had never given defendant any orders.
FALSE TRADE MARKS
Chan Yin-ming, aged 57, appear. ed before Mr. R. A. D. Förrest at the Central Magistracy yesterday churged with attempting to obtain money with intent to defraud by falsely pretending that the con-
tents of 144 tins contained the Ve Mo genuine product of the Powder Company when they were actually spurious, and with posses- son of 144 tins bearing words "manufactured by the Tien In Ve Mo Powder Factory, Shanghai" contents of which had not been manufactured by that Company. Mr. F. H. Loseby conducted the prosecution, assisted by Detective- Inspector M. Murphy. Defendant was not legally represented.
Formal evidence as to the con- tents of some of the tins forming the subject of the charge was given by Mr. J. Redman, Assistant Gov- ernment Analyst, who said,14 sam- ple tins contained 85 per cent of
berat.
Evidence was given by Mr. C. §. Sul, manager of the local branch of the Tien Ih Ve Mo firm, of Shang- hai. He said, his firm manufac FORGED CHOPS
tured a food power which was pack- Defendant Was arrested on ed in cases. A large case contain- December 8, and admitted that all ed 12 dozen bottles and small the bill-heads had been chopped case 10 dozen. The former WILL with forged chops, and signatures, į valued at $124.80 and the latter at He took the police to his fiat in $113. Wanchal and produced two forged chops.
va.
Evidence was given by Mr. Sil- Cross-examined at length by Mr. Lo, witness agreed that he had pald defendant a sum of money as advance commission because of the goods to come and because of post dealings and then when he found the orders were fictitious bekame scared and brought the proceedings.
Mr. Lo then submitted his client should be discharged. Complainant had not been induced to part with his money as it was not the general practice for commission to be paid in advance.
There was nothing to prove that appellant pretended he was au- thorised by Wong Kwal-lung, Chan's husband, to receive the money, neither was there proof that he wrote the second letter which was purported to have been signed by him. The Crown. he His Worship ruled that defendant admitted. had proved that the let-had a case to answer, and Mr. Lo ter from Honolulu was a forgery, put his client in the witness-box. and also that Li" admitted he was
IM
1.
|
On November 25 witness took to No. 7 Police Station and handed to Detective-Sergeant J. Allen a ‘IZ- dozen case which he had obtained from the Chung Sheng-aing shop He had examined the tins and bad found them to be goods of his arm, but the contents of them were not.
Corroborative evidence was given by Mr. Chung Chum-ka!, manager of the Chung Chun-hing firm who said he had bought the bottles from the Lam Hing firm.
Defendant declined to offer any evidence and His Worship adjourn- ed the ease till Monday December 20 for judgment.
45
TRIED TO OBTAIN BIRDS NEST
· VERBAL ORDERS There defendant said two of the Mr. Kwan had appeared for ap-orders he had given Mr. Silva were pellant at the Magistracy and had verbal ones received from firms submitted he had no case to an- And the others were" fictitious ones Man Convicted For
swer.
In reply to that, the Magis- which he had invented in order to Trick On Dealers trate held there was a case to an- benefit himself by getting the re- swer and said that it was not ne- gular salary which had been Denying that he had ever enter- cessary for the prosecution to prove promised him as soon as his worked the complainant shop despite that defendant had forged the let-justified it. ter from Honolulu. He also held that there was sufficient prima facie evidence that defendant had represented himself to be authoris- ed by Wong to receive the money, Counsel submitted that the con- viction should be quashed.
Mr. Williams sald he had nothing to say, as he could not support the decision of the Magis- trate:
His Lordship thereupon quashed the conviction, and discharged ap- pellant.
THE SECOND APPEAL
evidence of witnesses. Wu Sik-chiu, Mr. Lo then called Ho Keng, a aged 42, unemployed, was never- merchant, who testified to defen-theless convicted by Mr. R. Edwards dant's character, saying he was a at the Central Magistracy yester- very good man and he would sign | day when he appeared on remand A bond for him if it were necessary, on a charge of obtaining by a His Worship then adjourned the trick, four cattles of Chinese birds' case till this morning when judg- atat, valued at $84, from ment will be delivered."
Cheong Leong Birds' Nest shop No. 352 Queen's Road Central on Sur- day.
by the Crown, there was nothing to entitle the Magistrate in find- ing any common design, concert
Or
|
the
In evidence, We Lal-chung. salesman of the complainant firm, said defendant came into his shop with another man and ordered the tour cattles' of birds' nest. He asked witness to go with him for payment. They went to another shop in Queen's Road West, and FORGERY NOT PROVED there at defendant's request the The letter purporting to have
goods were left while the two of been written from Ocean Island them went to Third Street in had not been proved a forgery by search of the man who defendant the Crown. There was nothing to said would
pay for the goods. support it. and there was no evi-From Third Street defendant took dence to prove that Ng Fo did not
Lower Lascar. Row, authorise anyone to collect the where the former bolted. He was chased and arrested by a District Watchman. Corroborative evidence was also given
agreement. The Crown had proved only that there were two A second appeal against convic- attempts to victimise and one ac- tions by the same. Magistrate at tual case of attempting to obtain the Central Magistracy on Novem-money by false pretences. ber 19 was then heard. Appel- lants were Yip Keng-chuen, alias LI Yau-sing, and Tau Kwong- yan, convicted on a charge of con- spiracy to defraud by stealing let ters in the course of transit for the purpose of obtaining money by false pretences. Both were sen- tenced to six months' hard labour. The Hon. Mr. Leo D'Almada, Jr., instructed by Mr. H. L. Kwan, of Wilkinson and Crist, appeared for appellants, and Mr. E. H. Wi- liams, Assistant Attorney-General, was for the Crown.
La Yau-sing was alleged to have sent a letter to Tin Ting-pong, of
money.
witness
to
}
The Magistrate in his reasons for holding that defendants had a case to answer, appeared to attach
Defendant's version was that some Importance to the presence Wu Lal-chung iad conspired with of second appellant in the floor
another man named Chan to de- where Kwan had visited. In the fraud the master of the shop, and letter written to the woman Chan, the plot bad failed as Chan nad there was no proof of first appel-"double-crossed" Wu, but after he
No. 74 Apllu Street, Brst door, pur-lant's handwriting. In the Ocean had given evidence on his own be
!porting to be written by Tin's friend, Ng Fu, in Ocean' Island ad- vising him to pay a sum of ap- proximately $90, which was held for him by Tin, to defendant. He was further alleged to have writ ten & letter to Chan Chun-yin, married woman, of No. 4 York Road, Kowloon Tong, requesting her to pay him $1,000. This letter was purported to have been writ ten by the woman's husband in Honolulu
Island letter, there was no proof half, he was convicted. of fraud, but because of its simi-
Detective-Sergeant T. Cashman,
larity to the other two the Magis- who prosecuted, then handed up trate held against defendant.
the man's record, which showed that he had been sent to prison
Counsel submitted that there was nothing to connect the Sydney case with the other two. The association of the two appellants in something proper led the Magis trate to believe they were asso- clated in the alleged trands.
The general impression of fraud had confused the MagistrateTM and Taul. Kwong-yan was alleged to had tended to lead him to forget have sent a letter to Kwan Hong-the real charge of fraud. Counsel ki, merchant, of No. 7 Cumber-submitted that the convictions land Road. Kowloon Tong. pur- should therefore be quashed. porting to be written by Kwan's Mr. Willams, in reply, submitted friend in Sydney, instructing him that there was sufficient" evidence to pay $1,500 to Chan Ming-cho, to show fraud. of No. 62 Des Voeux Road West. first floor.
His Lordship. in quashing the convictions. said that whatever Justification INSUFFICIENT EVIDENCE
there might have Mr. d'Almada said that appeal been on the evidence in the direc- in this case was also on the tion of registering a conviction grounds of insufficient evidence. against any of the defendants, he There were originally other men could find no justification for the charged with the defendants grounds on which the Magistrate against whom the police did not chose to stand. He could not put proceed, and they were according-it any higher than a slight aus- ly discharged by the Magistrate, picion against the appellants.
The convictions were quashed.. except for one, who jumped his
Bail. Counse! suomitted that Both-men-wego immediately set throughout the evidence adduced free.
for four months early this year for demanding money with menaces. He asked that defendant be re- commended for banishment. Sen.
tence of three months' hard labour was passed, with the recommenda tion as asked for.
PORTUGUESE ON
SERIOUS CHARGE
Alvaro Antonio de Souza Reme- dios, aged 38, book-keeper, residing at No. 41, Waterloo, Road. second floor, appeared before Mr. K. Keen at the Kowloon Police Court yes- terday morning on a charge of attempted incest. It was alleged that between November 23 and December 5 defendant attempted to have carnal knowledge of his daughter, Emilla Marie Remedios.
Inspector Cunningham was in. charge of the case, and asked for a remand of seven days which was granted.
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