HONGKONG DAILY "PRESS
MAGISTRACY CONVICTION QUASHED BY COURT
Opium Possession Case: Two Men Appeal Successfully
An appeal brought by two Chinese,' Yip Shiu-whag and Foo Kam, of Cheung Chau, and described as refugees, aɣalust conviction and sentence by a Magistrate on ebarges of possession of raw and pre- pared oplum on board a sampaa la December last, was upheld by. His Honour the Chief Justice, Sir Atholl MacGregor, in the Supreme Court yesterday.
าๆ
The mea were two of six arrested in a sampan of Kennedy Town on December 9 by Revenue Officer F. Fowler, who with his party, re- covered from the water 900 taels of raw opium and 220 taels of prepared oplum which had been dumped overboard from the sam- pan on the approach of the revenue cutter.
Mr. H. Somerset Fitzroy, in-bow of the sampan, and there- structed by Mr. C. A. Sutherton tore they had their backs to what Russ, made the appeal on behalf
was going on in the body of the of that kwe mes, detailing his boat. grounds and quoting authorities. "Both the "appellants have said Mr. J. Whyatt, Crown Counsel, re-that at all material times they plied.
were rowing; each has stated that, His 'Lordship When gave judg- refugee as he was, and, therefore, ment as follows-On December not unnaturally anxious to earn 13 Last.
the two appellants were any money that he could, he was convicted by a Magistrate on two employed for one journey that charges, possession, of raw opium, night in that boat, that in con- and possession of prepared oplum, sideration of that money offered The facts were that these men set he was rowing the boat, and that out from Cheung Chau in an unlit he had no idea whatever of what and empty sumpan. In the course was the purpose of that journey. of a long journey they first took in Ping Chau and later entered the harbour limits, a journey which oc- cupled 6 hours in the night. They did in fact handle four cases of uplum.
CROWN'S INVITATION
"In these circumstances.
the
MAGISTRATE'S· DUTY
VOLUNTEER
ORDERS
(Orders by Lt.-Col. H. B. Hose, M.C.
Commandant, Hongkong
Volunteer D.C)
RELINQUISHMENT
COMMISSION
OF
Extract from "Government Ga- zette" No. 2 of 8.1.39.
GENERAL
EXAMINATIONS IN MUSIC
Trinity College Successes
the
The following are the results of the local Theory examinations "No. & His Excellency the held in December 1938. at Governor has approved the follow-University of Hongkong, as sup ing relinquishment of commission plied by the Local Secretary of thei in the Hongkong Volunteer Defence Trinity College of Music, London.
Having NOW Corps, with effect from December
passed the full 15, 1938. L. Erle Paul Fletcher, examination, the following can- January. 6. 1939."
didates have had conferred upon them the Professional Diplomas of Licentiate and Associate of the College respectively.
APPOINTMENT Extract from · Government 03- zette' No. 2 of 6.1.39.
"No. FILS Excellency the Governor has been pleased to ap- prove the following appointment in the Hongkong Volunteer Defence Corps, with effect from December 16. 1936:-Mr. Charles Raymond Stoddart to be 'Second Lieutenant (Reserve of Oucers), January 6. 1939."
COURSE OF INSTRUCTION--
RESULT
Miss Alvena Laihovetsky, L.T.CL. (Licentiate of the College).
Miss Mary Braga, AT.C.L. (A350- clate of the Colleger.
Other awards are as follow:-- TEACHERS' DIPLOMA Lily Yueng (Rudiments only).
SENIOR Pass with Merit:-Lily Tsang. Pass:-Mabel Tsang.
ADVANCED INTERMEDIATE Honours: Natalla G. da Silva
Pass:-Agnes R. Duckworth.
INTERMEDIATE
No. 1899. Gunner F. J. Anslow, 1st Battery, attended a Quick-Rozario. Firing (T.A.) Course at the Coast School, Shoeburyness, Artillery from 31.10.38 to 5.11.38 and obtain- ed the certificate.
ENROLMENT FORMS
A new issue of the enrolment form has been printed. In future enrolments will only be recorded on this form.
RIFLE TABLE B-- STONECUTTERS
The duty cast on the Magistrate differs 11 no material way fom that cast on any judge in criminal trial. It is that he cannot convict un- less he is satisfied beyond any rea- sonable doubt of the guilt of the prisoner who is on trial. My task
Sunday, January 15, Stonecut- Crown invited the "Magistrate to here is u more difficult one. I
ters. Rifle Table B. M.G. Troop, hold that the two appellants. in have to remember that the Ma-Armoured Car.Section, No. 1 M.G. common with the other two ac-gistrate had an advantage of which Company and No. 2 M.G. Company: cused, were parties knowing I am deprived the inestimable Launch leaves Queen's Pier at 8.30 partles to a joint venture, and advantage of seeing each of the a.m. Kowloon Police Pler, 8.45 a.m their constructive possession was witnesses and each of the prison-Dress:"Optional. Range Officer: Lt.
LB Holmes. as great as that of the first pri-ers soner, of whom we know that he personally brought the oplum from the Junk into the sampan, and, further, that he pleaded guilty to .both charges.
Honours:-Charles Chan, Irene Chen, Fok Sut Haan.
Pass with Merit:-Molly Luk. Pass Phyllis Ling.
ADVANCED JUNIOR Honours:Amy Tsang.
Pass with Merit:-Melba M. de Sousa, Wong Fung Seen.
Pass-Ines Soares, Eula Cheong.
JUNIOR Honours:Gloria J. Moss, Sister Ada Penzo.
Pass with Merit:-Eleanor Alma Rogers. John B. Labrum.
PREPARATORY
Honcurs:-Yvonne Blackmore. Janet P. Dibley. Kenneth Hegarty, Angela R. Owen, Elizabeth F. Smith, Donald A. Urquhart.
Pass with Mer!!: James S.
"My lask, therefore, is, in the absence of this, to decide, on the word whether" the mere written conclusion to which he came was, on all the evidence, a reasonable S.D. cap. overalls and gun platform one. I only say that because I
PARADES 1st Battery- Right Section: Thursday, Janu ary 19. Belchers, 5.45 p.in.
Dress: Webster.
shoes.
gun platform shoes.
Friday, January 20, H.Q. 5.30 p.m. All ranks will attend.
"The evidence against the two appellants can very conveniently wish to remind the Magistrate'and, Left Section: Tuesday, January be treated together. It is, to a very of course, myself, that in consider-17, Beichers. 5.45 p.m. Layers' Class remarkable degree of unanimity, ing this I must remember that only. Dress: B.D. cap. overalls and that they were at all material there is any reasonable doubt the times in the bow of the small Crown has failed. sampan There is a great deal of
"So I have to ask myself. here evidence given on behalf of the whether, assuming against the ap- prosecution that they were rowing pellants everything Mr. Whyatt in the sampan even at the time the his very able, arguments has sug- Revenue officers approached. There gested might fairly be argued Thursday and Sunday (January) is the further "evidence. which against them, I can, if I stood in 19 and 22), Camp. Parade H.M.S. ellelted for the Arst time in re-the Magistrate's shoes, and no rea-Tamar, examination of the first appellant,sonable doubt. that they were rowing in a post-" tion in which the cars faced the
ACCIDENTAL DEATH OF A P.W.D. COOLIE
Aberdeen Drain Incident
A verdict of accidental death. was recorded at an inquest held at the "Central. Court yesterday. into the death of a P. W. D. coolle, Kwong Yung., who died of gas poisoning While working
Signal Section: Friday, January! 20, H.Q. 5.30 p.m.
4
2nd Battery.
.
Thursday, January 19. HQ 5.30 P.m. Foot and arms drill.
Sunday, January 22, Peak Range. Ride Table A.
F
No. 3 M.G. Company Monday, January 16. H.Q. 5.30 p.m. No. 9 Platoon-Stripping and assembling. No. 10 Platoon- Miniature Range. Remainder. L.A. "No. 4 MG. Company Wednesday, January 18, H.Q. 5.30 8 a.m. Thursday, 19th:) Dress: S.D. cap. K.D. Jacket,p.m. No. 14 Platoon: M.G, training. CONVICTION QUASHED
breeches, puttees rolled down and sight-setting and laying. "With some hesitation, I come to
Friday, January 20, H.Q. 5.30 p.m. stacks and Greatcoat. lanyard. the conclusion that in as much overalls will be carried.
Nes 13 and 15 Platoons.. Musketry as there are two material points
instruction. Engineer Company of evidence, firstly, that the third
D.EL. Section: Monday, January
Portuguese Companies and sixth accused
Tuesday, January 17, HQ. 5:30 (appellants› have throughout held themselves 16. HQ. 5.30 p.m. Nos. 1 and 2
p.m. No. 5 M.G. Company: EGD. Sections. LG. Instruction. cut as allon refugees and merely temporarily employed, and, sec-structional Shed. 5.30 pm. No. 1
Thursday, January 19, RE. In-A.A Company: Fitting of Gas
masks. ondly, as represented by all wit-Section. D.EL. instruction. nesses who could speak on that
Lyon Light Section: Monday. ters. pomt, they were in the bow and January 16, H.Q. 5.45 p.m. L.L. Re- therefore could not see what was vision. going on behind them I am satis- fied that the Magistrate could not have found no reasonable doubt. This is the limit of my own task
Corps Signals Tuesday and Thursday (Jan. 17 here as judge of this appellate tri-and 19), H.Q. 5.30 p.m. Signal in
bunal
"It follows that the appeal must be allowed, the sentences passed,
Thursday, January 19, H.Q. 5.45 p.m. Miniature Range.
struction.
Sunday, January 22. Btonecut- M.G. Part II, No. 5 M.G. Coy.
Machine Gun Signals Monday, January 16, HQ. 5.30 p.m. Line and Operating Section: Revolver drill. D/E. Section: Re- volver drill under N.C.O.'s.
Riding practice during week as detailed.
SATURDAY, JANUARY 14, 1939.
SPECIAL SALE
OF
SHOES, UNDERWEAR AND CORSETS
FOR
LADIES
WE HAVE A TRULY AMAZING
SELECTION
"
OF. SMART SHOES
SUITABLE FOR
EVENING, AFTERNOON AND DAY WEAR
THESE SHOES
MUST BE CLEARED
REGARDLESS OF COST
LANE • CRAWFORD • LTD.
The House of Quality & Service
UNATTENDED CARS
Fines of five dollars were im- posed by Mr. Q.AA. Macfadyen at the Kowloon Court yesterday on Mrs. M. Korezyn, of Prince Edward Road,
and Mrs. Ambrose; of Humphreys Avenue, both of whom pleaded guilty to summonses for leaving their cars unattended in salisbury Road...
•
Coy, DEL. Bection, 7.1.39-6.11.39.
Pte. A H. Murray, No. 2 M.G. Coy. 12.1.39-11.1.41.
STRENGTH-DECREASE Pte. A. M. Silva, No. 5 M.G. Coy.. 7.9.38.
Gnr. H. W. Leyden, 1st Bty. Res., 28.9.38.
Pte. L. G. Lima, A.A. Company, 13.10.38.
Pte. J. L. 8. Alves, A.A. Company,
Medical Section Machine Gun Troop
Wednesday, January 18, H.Q. 6.30 17.10.38. Sunday, January 16. See para. 5p.m. Lecture Map reading.
drair. in Aberdeen on December on each appellant must be quash-above.
Mr. R. A. D. Forrets sat aed and they will be discharged." Coroner without a jury.
An eye-witness, Cheung Ying,
master of a grocery shop, told the COMMENDED FOR
Court that about 7.45 a.m, he was APPREHENDING talking to a workman, Kwan Hing.
SNATCH THIEF while the deceased was working down a drain, which was blocked James Joyce, of No. 58 Nathan up. Suddenly he saw water rush Road, and Tony Bayot, af No. 15 through and the deceased dis- Ashley Road, were warmly com- mended by Mr. E. Himsworth at appeared.
Kwan Hing went down in an the Kowloon Court yesterday for attempt to save the drowning man having assisted in the arrest of but himself met with a similar Chan Tak, 24-years of age, who fate. He then called for help was charged and found guilty of
snatching. and the police arrived,
It was stated that Mrs. A. Ban- Dr. P. B. Wilkinson,. medical officer in charge of the public der was walking in Hart Avenue mortuary, testified that death was when "defendant approached from due to gas poisoning and sul-behind and snatched her handbag. phuretted hydrogen was respon- He attempted to run out towards Chatham Road, but he was there sible for the fatal accident.
Mr. G. S: Graver. Engineer of confronted by the two boys, who the P. W. D., also gave expert stopped hila escape.
Sentence was passed of Your evidence regarding the drainage system and the precaution of months' imprisonment with hard workmen. employed" in clearing labour and eight strokes of the drainage work.
cane
Tuesday, January 17, HQ. 5,30 p.m. E.G.D. mount and dismount gun.
Sunday, January 22. Peak Range. demolition Rifle Table A
Armoured Car Section Sunday, January 15. See para. 5 above.
Tuesday, January 17, HQ. 5.30 p.m. A Class-LG. stoppages. B Class M.G. tests...
Friday, January 20, H.Q. 5.30 p.m. Driving instruction,
Sunday, January 22, Peak Range. Rifle Table A
Motor Machine Gun Platoon Friday, January 20, H.Q. 5.30 pm. Revolver training.
Pte. R. B. Wood, M.M.G. Flatoon. 18.10.38.
Pay Section Friday, January 20, HQ. 5.30 p.m. R.O.D.C.Construction Section Sunday, January 15. Practical exercise. Rendezvous Fanling Station 9.35 a.m. Haver sack rations will be carried. Train leaves Kowloon 8.40 a.. Train D:EL Bection, P.1.39. for return journey leaves Fanling 2.48 p.m. Railway transport will be free. Private cars may be used. Sunday, January 22, Peak Range. Rife Table A PROMOTIONS & APPOINTMENT Cpl., F. Casey, Engineer Company, D.EL. Section, Bergt, 13.1.39.
Pte. H. A. da Silva, A.A. Coy. Res., 28.10.38.
Sgt. W. H. C. obson, Armoured Car Section, 9.1.39.
STRENGTH-INCREASE
Spr. J. G. Balley, Engineer Coy..
{
S. F. HEDGCOE, Major Adjutant, H.K.V.D.C.
NOTICE
Sergeants' Mess Meeting
There will be a General Meeting
in the Mess at 6 p.m. on Tuesday, January 31, 1938.
AFFILIATED UNIT
Nursing Detachment, H.K.V.D.C.
Lecture. The next lecture on
First Aid will be given by Professor
L/Cpl E. W. Brown, Engineer Coy, D.EL. Bec.. Corp., 13.1.38."
Pte. E. W. Coulson, No. 2 M.G.L. T. Ride at the P.W.D. Omces on No 1 M.G. Company Sunday, January 15. See para. 5 Coy: L/Cpl., 13.1.39.
above.
Friday, January 20, H.Q. 5.30 p.m. Revolver training.
Sunday, January 22, Peak Range. Ride Table A
No. 2 MG. Company Sunday, January 15, see para. above.
POP NOT EVEN ON TRAMP STEAMERS
LET'S GET OUT OF IT AND
GO FOR A PLEASURE
CRUISE!
LEAVE
Pte. L D. Purves, AS.C. Coy.. 19.5.38-19.1.39,
A/Cpl. A. J. Dobson, Corps Sig- nals, 1.12.38-31.11.39.
Pte. J. H. Gelling. A.B.C. Coy.. 57.12.38-8.6.39.
Apr. M.. D. Watson, Engineer
Friday, January 20, 1939 at 5.30
p.m.
Strength-Increase: Mrs. W. Dal- ziel, 8.1.39.
Leave.Miss 18.1.39 to 17.10.39.
I.
Cruickshanks.
(8gd.) MRS. E. M. BEGG, Commandant, Nursing Detachment, HK.V.D.C.
By J. MILLAR WATT
BEGGARS CAN'T BE
CRUISERS!
PAGE T
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25 words 81.00 Prepaid for 3 insertic