AGE HONGKONG DAILY PRESS
NOTICE
WATER SUPPLY
ISLAND AND MAINLAND
Owing to the continued ab- normally
high
consumption of water it is necessary further to restrict the hours of supply,
top.m. on Commencing at Wednesday, 5th July, water will
shat off in all districts from 1) p.m. to 5 a.m. every night until. further notice;
A. G. W. TICKLE,
Water Authority. Public Works Department. Hong Kong, 4th
1939.
536
K.
PUBLIC AUCTION
PARTICULARS AND CON. DITIONS of the Sale by Public Auction to be held on Monday, the 10th day of July, 1939, at 3 p.m., at the Offices of the Public Works Department, by Order of His Excellency the Governor of one Lot of Crown Land at
ADVERTISEMENTS
NOTICE
Mr. B. O, Blaker, A‚C.A. begs to announce his retirement from Messrs. Thomson & Co, as from 30th June, 1939, after which date his interest and responsibility therein will cease.
Hong Kong, 30th June, 1939.
NOTICE.
We regret to announce that Mr. B. 0. Blaker, A.C.A. is retiring from our firm as from | 30th June, 1939, after which date his interest and responsibility as a partner will cease.
THOMSON & CO.j Chartered Accountants. Hong Kong, 30th June, 1939.
518
The Daily Bress
報西剌子
Editorial and Business Office: 15-19, Queen's Road Central. Tel 30251. Night Editor (Wanchal Office).
Tel 24511. London Office: 53, Fleet Street
E.CA.
Shamshulpo, in the Co- lony of Hong Kong for a term of 75 years, commenc. ing from 1st July, 1898, with the option of renewal at a Crown |- ----- Rent to be fixed by the Surveyor of His Majesty the KING, for one further term of 24 years leas
the last three days thereof,
HONGKONG, JULY 5, 1939
FIRM STAND AT DANZIG
LETTER SENT TO MAGISTRATE
Most Improper And Incorrect
LB. Holmes, of 288, the Peak was fined $10 by Mr. Forrest at the Central Court, for disobeying the trame signal at Wong Nat
Chung Road, on June 8, about 7
0.01..
Traffic-Insp. 8. C. Saunders pro- secuted.
His Worship' remarked: "With. reference to this case, I have re- ceived from the Commandant of the Volunteer Corps a letter on behalf of the defendant, which is most improper, as I have already informed the writer by post."
"If anyone wishes to influence. in any way the decision of # magistrate, his proper course is to come to Court as witness: it la most incorrect to address a magis- trate with reference to a case pending before him."
K. & Kjaer was fined $5 for parking overtime in Ice House Street on June 6.
E. Hammon, of Messrs. Schmidt and Co., was fined $40, when summoned for driving without due care and caution along Long Island Road on June 6.
"Trame Sgt. Clarke sald that defendant was driving with J party along Long Island Road, from Stanley to Shekko. He drove very fast and on the wrong side of the road. A 'complaint was made by Mr. Tinson, who nearly collided with' defendant's car.
GAMBLING WIFE
BOUND OVER"
A woman, charged before Mr. T. J. Houston at the Kowloon
of eight pieces of clothing, claimed that she was poorly treated by her husband and had been driven
Fo-to theft because he did not give
EDITORIAL
GOING. HOME ON LEAVE
The Colonial Secretary, Hon Mr. N. L. Smith, C.M.G., who is proceeding Home to-day «-in- the Felix Roussel, accompanied by Mrs. „Smith and Miss Rachael Smith.
FIRST “DARTS" GAMING CASE
Backing Chances
WEDNESDAY, JULY 5, 1939.
POSSESSION OF
Chances Against HEROIN
PILLS
To Sessions
Persons Staking Counters Man And Wife Sent An Offence: Keeper Fined 18000 beri pula 03 lounges of
Judgment was given by Mr. R. Edwards at the Central
· Magistracy" yesterday in the case in which Wan Kam. 34. on- employed, was charged with keeping the ground floor of 'No. 55. Stanley Street as a common gaming house, and haf Yee. 34. who was charged with gambling in "the establishment.
First defendant was fined $10, whilst second defendant was cautioned.
.
CORRESPONDENCE counters of only one
FACTS PRØVED
purpose
a charge of possession" of | heroin phia, 432
pink mass, and 19 ounces of pink. powder, sufficent för the manu- facture of another 40,000 beroff. pills, a man and his wife, Wang Timing and Lee Yi-kam, were com-" Houston. mitted by Mr. T. J.
moneys worth in the event of cer- tain specified contingencies.
at the Kowloon Court Festor- day, to the next. Criminal Sessions. Revenue Officer W. H. E. Colledge-
were represented Mr. F. H. Loseby.
The defenants, with their. 13–)
year-old daughter were arrested at the junction of Tal Po Road and Maple Street, Shumshulpo, about, 8.30 pm. on "June 20, by two members of the Pollos Re- serve, P. O. R. 48 Thomas Thim wong and P. C. R. 18 Lam Ching-
fun.
CHOLERA, TUBERCULOSIS
INCREASE
Sixty-two deaths from cholere out of a total of 100 cases (3 im- ported), and 81 deaths from tuber- culosis, out of a total of 186 cases (one imported) occurred in the Colony for the week ending July 1, according to the returns of the Health Department. "
Mr J. B. Prentis, Assistant or chance or how far skill predo-prosecuted, while the defendants Crown Solicitor, prosecuted, and minates over chance in this game. Mr. Alfred Y. Hon represented the The 1st defendant is charged with defendants.
keeping a common gaming house. The following is the full text of Section 2 (a) gives definitions of the judgment:-)
what are common gaming houses The 1st. defendant is charged within the Ordinance. The arst under Common Law and Sec. 6 of definition comes from the Gaming the Gambling Ordinance, 1891. Houses Act 1854, and under that with keeping the front ground definition it is material to determine floor room of No. 55. Stanley Street whether a game is one of chance, as a common gaming house as de- skill, or mixed chance and skill.
They are alleged to have had in. fined in the latter half of sub- But the present charge is con- their possession a basket contain- section (3) of Sec. 2 (a) of the cerned not with this definition, ing a tin box, a second tin box, Ordinance, that is, a common | but with the ́ ́ third definition. and a cardboard box, the first- · gaming house for the purpose of which comes from the Betting Act two hoxes mentioned containing money being received by him ́or] 1853 and provides, as Ridley J. ob-
the heroin pills, pink mess, and on his behalf as the consideration served in Peers and Caldwell, for powder, and the cardboard box. for an undertaking to give there-13 separate offences: the first keep containing machinery for the- after certain valuable things on a ing a house for the purpose of bet-manufacture of heroin pills. contingency relating to a game ting, the second keeping a house
the known as "darts." The 2nd, de-for
of receffing fendant is charged with gambling money as the consideration of an in a common gaming house at the undertaking to pay money or same place and time,
The main facts in the case are, only I think, undisputed. The
The case of Morris v. Godfrey material point on which" the wit-therefore in which the charge was nesses for the prosecution were using premises for unlawful, gam- cross-examined was whether the ing under the Gaming House Act person or 1854 does not appear to be 're- more than one person could be levant. And as for the dissenting affected by the throw of a single judgment of Lush J. in Peers v. Court yesterday, with the larceny WATER RESTRICTIONS dart, but if the defendants relled Caldwell, I think I need only re- on establishing certain facts in mark that this was a dissenting this connection it is curious that judgment and not the Judgment [To the Editor, The “Hongkong
neither of them has given any of the majority of the Court, Daily Press "I
evidence.
DIRECTLY IN POINT- Sir,-May I as a taxpaying resi-
Other returns include 18 deaths dent of this Colony, inquire
On the other hand the majority from enteric fever, out of a total The woman's husband related through the medium of your
I am satisfied by the evidence judgments of Ridley J. and Avory of 20 cases, & deaths from dysen- different story. His wife, he ac columns what the water author-given by the witnesses for the pro-J. in Peers and Caldwell and of tery, out of a total of 27 cases, 4 cused, played mahjongg night ties think they are playing at? Is secution and find the following the Court of Criminal Appeal in deaths from measles, out of a total after night. Money that he gave this a game of "Now you see it, facts proved; that on the evening Peers and Brown seem to me of cases, 4 deaths from cerebro- THIS STATEMENT, hand-her was lost at the mahjongg now you don't?" Just because the of June 13 the following pastime directly in point, (The Magistrate spinal fever, out of a total of 8 ed by the Foreign Office table. Fellow-lodgers of his also authorities concerned have not was going on in the front ground then gave the facts). Avery J. in cases, one death from small-pox to representatives of the Lon-testified to the accused's losing at had the foresight to make provi- floor room of No. 55 Stanley Peers and Caldwell: "I agree with and one death from diptheria, out don Press, is an expression of mahjongg...
sion for suficient storage of water Street, namely, that members of Mr. Gordon Hewart that the test of a total of two cases. the determination of the Lau Yuk-lau, 28. poorly spoken in Hongkong. I am expected, in the public could enter and were is what was the consideration for Dally returns from July 3 include invited to enter by a person the halfpenny. If It was clear 20 cases of tuberculosis, & cases of PARTICULARS OF THE LOT Democracies of Europe to call of in such manner by husband these sweltering days of summer
a halt to Nazi aggression. If and friends, was bound over by heat to go without my nightly shouting "Flying Darts Inside" at that these boys paid their half-cholera. 4 cases of measles, and 3 i. means anything, it means the Magistrate on $50 to be of bath which helps me to wash off the entrance and buy for money pennies as entrance fees solely for cases of enteric fever, that further extension of the good behaviour, bermuaband's the grime that one accumulates on counters of varying amounts and the purpose of entitling them to
one's body from unwashed
and stake these counters on one of 5 take part in a game of skill, the tactics by which the ill-con-security to cover the bond only as
long as she refrained from play dusty streets.
colours marked on a tressie table; transaction would not constitute ceived policy of appeasement
offence under the second 'ng mahjongg.
It was only two months ago that that a dart was then thrown at a an enabled Hitler's Germany to
were told that Hongkong's board some 10 feet or so away hay branch of the section. On the sextinguish the independence
zainfall had exceeded all expecta- ing small squares of the same 6 other hand, if the consideration of Austria and Czechoslovakia O.R.C. RESPONSE
tons and that there was enough colours; that if the dart hit say for the halfpenny was the promise and connive unhindered at the
The military authorities have water in the blinking reservoirs to "blue, all persons who has staked of the appellants to give the play-Bulletin of Eastern Ports for the rape of Spain will be opposed received a number of letters from drown the whole lot of us in one on blue would win prizes accord-er two-pennyworth of sweets if ing to the value of their counters, the ball fell into the clown's cap, local residents responding to the big tidal wave! And now, sudden- by force.
FOR THE FIRST TIME, invitation recently issued to Bri-ly, when there has been no very which prizes were worth consider it is equally clear that the trans- did constitute, such an statesmen and Press have tons to join an Officers' Reserve apparent increase in the Colony's ably more than the amount of the action given an exhaustive and in- Corps, but are anxious to receive population, we are again told that counter staxed, that any person offence."
Reading LCJ in Peers and clusive definition of aggres- further applications, which will be restriction must be applied agam staking was entitled to throw the
dart himself this appeared from Brown: "In Peers v. Caldwell, sion. The pronouncements of treated strictly on their merits.
the roles pasted on the wall as where the same machine was in Lord Halifax and M. Daladier were in no way ambiguous.
BUT EUROPE is quieter
well as from the ist. witness's question, Ridley J. pointed out,
The "Daily Telegraph” warns
evidence but equally that the quite accurately, that this game than in September last.
person was not compelled to throw was in the nature of a wager, and the Reich against the delu There is no hint of the panic
it himself, but could agree to be said: "The fact of there being 2 sion that any attempt to dis- that then swayed the Con-
bound by the result of some one possibility of exhibiting some de-
JUNE RAINFALL guise the annexation of Dan- tinent. The threats of the
else's throw; that the 2nd. defen-gree of skin in playing with this dant bought counters and took machine does not, in my opinion, The monthly rainfall report zig as a voluntary act of the Axis Powers, published chiefly
part in this game on 2 or 3 oc- affect the question of the Hability issued by the Botanic Gardens people of the city can side- abroad, are
casions; that the 1st defendant of the appellants." This Court shows that a total of 7.43 inches sold counters to players and ad- agrees with that conclusion.” of rain tell in the Colony during mitted that he was the keeper: "The test" is what is the inten-June.
latending bidders are advised that immediately alter the dis. posal of the lot the Purchaser. DOTH BRITAIN and
"BOTH (if not the applicant) will be required to deposit....with authorised officer who will be present at the sale, the sum of two hundred dollars, ($200) in cash. This sum will be refunded on payment of the Purchase
price.
No. of Bale.
Registry No.
Locality.
New Kowloon Inland Lot No. 9703. Adjoining New Kow.. loon Inland Lot No. 2028, Castle Peak Road, Shame nipo.
Boundary
Measure
monta.
ft. ft. ft. ft.
A per
sale plain
Contente
Square f
Annual
Rental.
land will regard any act an of violence-either Inside or outside the Free City-as an act of war."
About
7,630
106
11,445.
G.
· R
530
PUBLIC AUCTION. PARTICULARS AND CON. DITIONS of the Sale by Public Auction to be held on Monday, the 10th day of July, 1939, at 3 ́p.m.," at the Offices of the Public Works Department," by Order of His Excellency, the Governor of one Lot of Crown Land at East Point, in the Colony of Hong Kong for a term of 75 years, with the option of renewal at a Crown Rent to be fixed by the Surveyor of His Majesty the KING, for one further term of 75. years.
Intending bidders are advised that immediately after the dis posal of the lot the Purchaser (if not the applicant), will be required to deposit with an
price.
PARTICULARS OF THE LOT
Boundary
her any money.
"
www
daily
What is the real oficial explana- tion for this sorry state of affairs? I have lived in many British Co lonies. and m several foreign countries as well, but never before have I experienced such annoy ances and inconveniences as the authorities in Hongkong seem sc not taken as fond of imposing on tax-payers.
FED UP
track the British guarantee. seriously, and the German And Figaro," which, like the Ministry of Propaganda, fear-
Daily Telegraph," was, at ful of unleashing forces that REFUGEES IN the time of Munich, a would make it too late to
THE COLONY partisan of appeasement, says retreat, imposes complete paintedly: "When the Ger- silence concerning Danzig, on There were 9,701 refugees and mans invoke rights in Danzig, the Berlin newspapers. - destitutes in the Colony, accom- we have only one word in NEVER was there a better modated in Government camps. demonstration of the fact etc., in Urban and Rural Areas for reply-Prague!"
TO COMPLICATE the sub that both the Governments the week ending July 1. as Com ject of the Danzig conflict by and the peoples of Europe pared with 9,855 on June 24, a de-
rcease of 154 discussion of the physical now realize that. It is sur
Urban Areas (Civilians) to aggression that division of Germany by the render
King's Park 1,430 against 1,470 corridor and the recognized means destruction, that only on June 24. injustices of Versailles is, at an inflexibly firm stand can Ma Tau Chung 1,021 against the present time, to cloud the preserve both peace and the 1,089 on June 24. issue. The regime that is rights of nations and in- North Point 1,593 against 1,618
on June 24 " now preparing to bully Po-dividuals.
ALL INDICATIONS 30 far land and all Europe into
FAR EASTERN HEALTH REPORT
Th The following is the Health.
week ending June 24:
PlagueRangoon one case. Cholera-Cawnpore 4 cases, Cal- cutta 243 cases, Rangoon one case, Hongkong 50 cases.
Small-Fox Jodhpur one death: Delhi City 22 cases, Bombay 10 cases, Calcutta 31 cases, Cochin one case. Madras 2 cases, Shanghai 3 cases.
Chief Inspector W. R. Chester-
that persons were coming and tion of the person keeping the The heaviest showers » were on going from the room and that at house, and if it can be established June 12 (3.05 inches) and June 15 any one time there were some 13- that he provided the machine. (1.58 Inches). 14 persons on the premises. merely to afford to the players It was submitted by Mr. Prentis opportunities of exercising their for the prosecution on the an- skill there is no offence under the thority of Peers v. Caldwell, 1918 Act. The Court of Justiciary, in K.B.D. VOLI, p371, and Fears and Mackintosh y, Granata, took a Woods, Principal of the Police Brown, C.AR. Vol.12, p.210 that different view, and approved the Training School; has been ap this was a common gaming house dissenting judgment of Lush J. in Assistant Superintendent of Police pointed to perform the duties of
as defined in the charge.
Peers v. Caldwell, in which the
(Kowloon) 23 from
to-morrow. No evidence was called for the judge expressed the opinion that
during the temporary absence on
defence, but Mr. Hon citing Morris it the game was one of skill 20 dick leare of Mr. W. R. Beoth
v. Godfrey, 106 LT. 890 and the conviction was possible either un- dissenting Judgment of Lush J.der the Gaming Act or under the in Peers v. Caldwell invited me to Betting Act, 1853. This Court is find as a fact whether or not this quite unable to accept that view was a game of skill or a game or Whether or not a game is one of chance and if it were the former skill is immaterial in the case of to discharge the defendants, an offence under the Betting Act, 1953," "And in my opinion it is equally immaterial in a charge But there is singularly Uttie proceeding" under that definition evidence before me to enable me of common gaming house which to give such a finding of fact. is taken from the Betting Act, The defence bave called no 1853. evidence at all and the prosecu tion relying doubtless on the cases
LIFTLE EVIDENCE
WAS FOR PURPOSE
and they their chances against his Urban Areas (Boldiers) Lai Chi Kok: Hospital (Upper
and that is an offence within the defnition under which the pro- authorised officer who will be acceding to another “fait suggest that this stand will Wards) -1, against 3 on June 24.
secution have proceeded. The 1st present at the sale, the sum of accompli," cynically conceived be taken at Danzig. If there Ma Tau Chung 783, against 764
defendant is therefore convicted two hundred dollars, (3200) in and brutally carried out, has is no change, it can with some on June 24,
on the charge as laid except: for cash. This sum will be refunded mandate to represent the confidence be predicted that
Rural Areas
the exceision of the words "Com- rights of the German people Hitler will back down, that Kam Tin 4,010 against 4,024 on on payment of the Purchase whom it has be-fooled and the Anglo-Soviet Pact will be June 24.
mon Law which seem to be un- necessary as this is a statutory bludgeoned into a state of un-concluded at an early date, San Uk Ling, 883, against 887.cm
offence. As this is, I believe, the thinkable political and econo- and that the tide which has June 24
first case of its kind I think Jus- mic slavery.
so far led the aggressors, to
tice will be done if I impose a fine THE SITUATION is grave, fortune will no longer serve REMAND GRANTED cited have not thought it neces On the facts before me the ques of $10. Rival war fleets, including the them so well
CASE to call any specially directed tion therefore I have to condder The 2nd defendant to charged new navy of the Soviet Union GIVEN THESE much de-
DER ER for all age to this point. It would no doubt is whether, this is a game of skill with gambling in a common gam are reported to be concen- sired developments, one thing A remand of two days was be difficult to argue that the play- or a game of chance but the ques- ing house. The meaning of the trating in the Baltic. Men is certain. The turning of granted in the case in which Chan er who foregoing his own right to tion whether the room was kept charge is clear and no objection and munitions, Plish and the tide in Europe will be ac Ming-fong, 19, was charged with throw the dart himself sarees to for the purpose as laid in the was taken to it, but the wording is German, pour into the Free companied by a similar im- larceny from No. 1. Tung Shing be bound by the throw or another charge, or for some other purpose not to be found in the Ordinance. City To the statements of provement in the Far East Street, Aberdeen, of 3606,80 Chi is indulging in a game of skill. As such as the purpose of enabling The appropriate section seems to
nese Currency and one gold wrist- to the case of a solo player throw persons on payment of a fee to in- be section 7 (c) Gambli Lord Halifax, Italy replies Tientsin and Danzig are
the property of Chan Chi- ing a dart simply in respect of his dul their skill in th game, of | "ance and by virtue of sec that she will join hands with symptoms of the same disease.
We own counters, I express no opinio dar
to me Magistrates Ordinance her Axis partner in a war to Militarist Japan, having ded
made having heard no vidence from from prevent Democratic Inter- its destiny to that of the ference. Britain parades the aggressors of the West growing strength of her land share their eclipse as it has forces
hoped to share their vicforlek:
Na of Sale.
No. 5594 ·
Registry No
Yee Woo Street,
Localit
Fast Point.
KNOT PUTULE
Masure
manta.
As per
sale plan.
Square f
want any
the judge
But
hau trie
Melthe
whether the game is one of skill
vidence
was for therefore arge
the roomŮŽE WEE
es against those the cha
king counters and cau