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COURTS

ACCOUNTANT DENIES HE STRUCK DANCER

Cabaret Assault Case

Hearing Resumed

Hearing of the case in which Ylp Ping-chun, an accountant, is charred with asmuiting Miss Yung Lal-in, a taxi-dancer employed

at the Capital Ballroom, on Aprli 1, was resumed before Mr. Butters at Central Court yesterday,

Mr. M. A. da Silva represented complainant, while Mr. Hin-shinig Lo was for the defence.

Evidence given at the previous hearing was that Yip, after hav. ing struck Miss Yung, kicked her in the abdomen. causing her to faint. Miss Yung was conveyed to hospital, where she was detained for a short period.

WEDNESDAY, JUNE 15, 1938.

NEWSPRINT

CASE APPEAL

DISMISSED

Union Trading Judgment Upheld

POLICE AND

HAWKERS

ཏག་མདཐ ཡ

Commissioner Tells Of Difficulties

Further comments regarding the problem of hawkers were made at the Central Court yesterday morn- ing, when the Commissioner, of The appeal brought by the New Polles, the Hon. Mr. T. . King Kwok Man Chau Ka (restaurant), appeared in person.

| the Tung Hing Company and Li Mr. Butte.s repeated his pre- Po-yuen, partner therein, against vious remarks, sying that he was the judgment of the Chief Justice, not criticising the police but Sir Atholl MacGregor, in awarding rather the futility of the present a claim for $6,189.43, brought by system of dealing with unlicensed the Union Trading Company, as the hawkers.

price of old "newspapers bargained Mr. King remarked that the

At yesterday's hearing Miss Was there any ill feeling be-tor and sold, to the plaintiffs, was Court had diminished the cutting

taxi-tween you and her?-No. As far dismissed in the Court of Appeal of wild tree wood in the Colony "

Hung Kuk-lan, another dancer employed in the Capitol Ballroom, told the Court that she witnessed a part of the assault. She said that she saw defendant kicking Miss Yung in the abdomen Her attention was attracted by the commotion during the in- cident. Beyond this, she said, she did not know anything.

In the witness-box. Yip said that on the night in question he went to the Capitol Bal room with six friends. Amongst the party were two cabaret girls from the Majes- tie Ballroom." One was named Misa Tong Ying.

Prior to the incident Yip said that he had never been cut with complainant as alleged by her in her evidence.

as I know there was no fil feeling yesterday. between us two.

Coming to the night in question. defendant said he was dancing with Miss Tong Ying when the Incident happened.

EARRING KNOCKED OFF

by imposing heavy sentences. Mr. Mr. Justice R. E. Lindsell, Acting | Butters repiled that he could not Chlef Justice, and Mr. Justice J. deal with hawkers in the same A. Fraser comprised the Court. way without filling Stanley Gao!

Mr. H. S. Fitzroy appeared for ap-to overflowing. |pellants, Instructed by Mr. C. A. S The Commissione: then said he Russ, and the Hon. Mr. Leo wished to make it clear that the D'Almada. Jnr., instructed by Mr police were not waging a campaign M. A. da Slivo. was for respon against hawkers, but something must be done about the hawking

Mr..Lo: What happened? Com plainant came up and began to }dents. strike the girl with whom I was In his judgment," Mr. Justice system. He added that the finger- dancing Slapped her on the face Lindsell said that one of the print system for hawkers in cer- the right side of the tuce. Her grounds of appeal was that the tain eens was under considera- earring was knocked off.

Defendant added that he spoke to complainant, trying to stop her. whereupon she turned on him and attempted to strike him. He said that he pushed her aside with hia hand, and several persons

then

Chief Justice's finding was not sup- tion.

ported by evidence.

"As I understand it the finding was based on two grounda,” said is Lordship. The fact, which is not disputed, that the contracts i

mises by the use of the genuine

POLICE REPORTS

Lee Lnk, 27 of 205 Des Voeux

Mr. Lo: Did you ever go out to came up and held him tight from were executed at the firm's pre-Road West, was sent to the Queen dinner with complainant at any behind. They held him for about chop of the firm; and the fallure Mary Hospital on Monday after

two minutes, and he felt distress

time? No.

Did you at any time ask com- plainant to a hotel while she was under the infuence of drink?— No.

י

DID NOT MAKE PROMISE Did you promise to make her a present?-No.

Previous to April 1 did you ever meet the complainant anywhere?

Yes, the Capitol Ballroom, How many times?-Twice. The first time, how many nights before April 17-About one week. What happened the first time you met her?-I danced with her and I gave her $20 worth of tickets.

Did you part friendly? Quite friendly.

The second time you met her in the same ballroom?--Yes.

י

How many nights before "April 13-Two or three.

Did you dance" with her at all?

--No.

(and found it hard to breathe as aid upon him by such use of his/Cide,..it is alleged, by drinking a of Chiu Kwok to discharge the onus she had attempted to commit sui-

someone was holding his throat.

Nr. Lo: Did you at any part of the affair kick anyone?-No.

Did you kick complainant a all?--No.

It is alleged, that complainant was kicked by you and that she was given two blows. strike her at all?-No.

Did your

DELIBERATE STORY

chop showing that it was

used small bottle of petrol without his authority or consent.

It seems to me that" these

two

grounds were abundantly sufficient Leung Chuen, 22, was sent to the same hospital suffering from to support the finding." cumstances in which it was used

"The use of the chop in the cir- polsoning.

was, to my mind, such as to place upon Chiu Kwok the burden of [broving that he knew nought of it.

A man. Ho Yee-suen. 42.

H

was

Yip continued to say that he land it is not within our province admitted to the Queen Mary Hos- only realised complainant was to consider whether the learned pital suffering from the effects of seriously wounded 25 minutes Chlef Justice was justified in dis-immersion after having jumped or after he had been released by believing the evidence by which fallen into the harbour.. the people who held him? Re-Chiu Kwo sought to relieve him- Barding the assault, Yip said that self of that burden." added Mr. there was a possibility that Miss Justice Lindsell... Yung struck Miss Tong Ying be cause she might have not liked the practice of taxi-dancers other ballrooms being brought to the Capitol.

Cross-examined by Mr. Silva defendant said he was not drunk that night and denied that he

UNSOLVABLE AMBIGUITIES

In the face of almost unsolvable the Fraudulent

Apparently disturbed while at- tempting to steal in Catchick Street on Monday afternoon. Wong.. Wing-kee, 28, suffered fatal in- ambiguities in

Juries to the hand when he fell

the Queen Transfers of Businesses Ordinance, Wong was sent to 1923, itself, His Lordship said that Mary Hospital where he died he was driven back, as was the chief Justice, to consider what

+

HEALTH RETURN had ever brought complainant to was the intention of the Legisia. A woman, Choi Ng-yun 18 suf-

FOR WEEK

TEN CASES OF

CHOLERA

a hotel.

ture in passing this enactment, fered serious injuries to the head. "There can be no dispute," said face, and arm when she attempt- His Lordship. "that the aim of the led to alight from a moving tram Ordinance, as indicated by ita title, in Des Voeux Road West, on Mon- was to prevent the transfer of his day.

Mr. Silva: You suggest, there- tore, that this girl deliberate y tells a story in Court against her reputation just to get a conviction against you, as it?-Certainly.

business by one man to another The woman was After further cross-examination in any such way as might defraud Queen Mary Hospital the case was adjourned till this Ten cases of cholera (one, im-afternoon. ported) with six deaths were noti- fied to the Health authorities dur ing the week

Saturday.

his creditors and leave them with- out a remedy, or, to put it in other words, to prevent`a`man from secretly divesting himself of his

ended midnight GUARD APPEALS business assets, on his possession

There were also 25 cases of dysentery (six deaths), 20 cases of measles (five dentha), 10 cases of cerebro-spinal fever (aix deaths), 12 cases of enteric fever (three deaths, one imported), four cases of chicken-pox (one death). two imported), nine cases of small-pox three Imported), two cases of

AGAINST SENTENCE

JUDGE'S REBUKE

A fat denial that he had been

of which his creditors relied in giving him credit and to which they would otherwise have had re- course if he could not meet his iiabilities.

TEST APPLIED

sent to the

FEAST OF ST. ANTHONY CELEBRATED

་་』"

The Feast of St. Anthony. Patron Saint of the Portuguese masses, was celebrated at West Point on "Applying this test here, the res- Monday, with Boly Communion at pondents obviously relied on the 5 and 8.30 a.. mass. Pánezrrica asscts represented by the Kwok were delivered In Chinese by the

diphtheria (one fatal), and one in the street in which he was ar- rested, or had spoken to the con- case of puerperal fever.

There were also 38 deaths from stable who made the arrest, was Man Restaurant when they gave Rev. Fr. Guarona and Pedrazzini,

made by Shou Hsok-chi, Shantung credit to the restaurant, but those s.C.. anti-piracy guard, when he gave

So numerous was the gathering

tuberculosis during the week. *

Another case of small-pox was

assets have been transferred to the

notined on Monday. Eleven case evidence on his own behalf at the appellants without regard to the in the afternoon when H.E. Bishop Valtorta was present that many continued hearing before the, Adz-formalities required by, the Ordi- ing Chief Justice, Mr. Justice R. Eance, and if by that, transfer the were obliged to assist at the cere

respondents are deprived of their mony from the halls adjoining the Lindsell, of his appeal against a.

of measles nine cases of dysentery, four of meningitis and two of scarlet fever were also reported.

HEROIN PILLS POSSESSION

"Would Be Shot For

Such An Offence",

"Do you know that In progressive countries, such

fine of $300 imposed on him when remedy against those assets, here Church, The Rosary was recited

is the very mischter which the Orand an eloquent sermon in Portu- dinance. purports to prevent.” Els Lordsip concluded: this reason I am of opinion that

"For

convicted by Mr. Butters at Central Curt last month of possession of dutjable Chinese liquor.,

Cross-examined by Mr. Anbott, Assistant Crown Solicitor, however, appellant admitted, that he was in jon Lord "Coke's words in Heydon's

the trial,Judge was right in relying

Iguese was preached by Rev. M. Ac quistapace, Director of the Salesian Institute at Macao.

The procession was interesting

the street (Centre Street) at least case (3 Rep. 7) in regard to sup and colourful. Nearly ave hundred

Chinese

pressing the mischief. and ac- boys from the Middle School to once on the day in question.

Later, when recalled. Shou made vancing the remedy and on that gether with hundreds of visitors replies in answer to questions put part of the Judgment of Cockburn, participated. Beautiful more by. His Lordship which were direct C. J. in Twycross v. Grant (1877, hymns were sung to the accom

asly contradictory to testimony just !2 CPD) which bears on the same paninient of band music. This China, you would re shot for such given by Lance-Sergeant G. M. Point. Whereas here the words of was concluded by an impressive an offence?" inquired the Magis-Rushkoff and was sharply rebuked a Statue, though ambiguous, are Benediction Service

EL con- Refreshments were then served trate. Mr. Barnett, of Lau Loy by His Lordship who warned him not irreconcileable with convicted at the Kowloon Court he was "digging his own Krave by struction which goes to advance during which the visitors were the remedy or to suppress the mis-entertained by the 8. Louis Gym- yesterday of having in his posses- telling stupid lies,"

chief at which the Statute ob-nastic Group, under the able vicusly aims, then in my fudgment guidance of Mr. A. Fantini, |that construction must be adopted. The School Boys Band, directed "For these reasons I hold (though by Mr. I. Bonnici, supplied pleasing not without some doubt), that this

music. appeal tails and must be dismissed, with costs.

slan 581 heroin pills" and of keep- After further evidence, had been ing a heroin divan at 623 Shang-taken, the appeal was adjourned hat Street.

til tomorrow.

Sentence of one year with hard Mr. F.. H, Loseby appeared for labour was passed on the Arst appellant...

charge and a fine of $250, in de- fault three months with hard

·labour was imposed on the second

charge.

WOUND UP

Alleged to be a heroin deale". At separate meetings of share-

MR. JUSTICE FRASER

Benefactors and friends of West" Polat are aware of the temporary cessation of the work on SL, 45- thony's Church They will be

In the course of his judgment, pleased to hear, therefore, that

Lou Fuk-san was, bentenced to holders and creditors of A. B. Mr. Justice Fraser said that both advance has been made in the one year's hard labour on Moulder & Co. (1934) Ltd. held the Trial Judge and the Acting shape of an ambulacrum connect-

charge of,

heroin, pills

to him, at 295,

ession of 8.178 yesterday afternoon at Prince's Chier Justice had found difficulty ing the School with the future

on premises let Building third floor, Des Voeux

The case was

sen at the Eb

chal Street Road Central. It was resolved in applying the Ordinance to the Church Those responsible for the ore Mr. that the Company be wound up present case, for here the news-building the salesson hope soon Court Voluntarily and that Mr. Thomas paper business was never trans- to be able to recommence opera-

cases

Archdale Martin, ASAA, be apferred and appeared, in fact, to tions operation on the part

Warden Polated Liquidator for that Dur have had been dead before the generous

look forward to

transfer of the restaurant business of those who wish them well.

さい

11

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