HONGKONG DAILY PRESS
GENERAL
CURRENCY AS UNMANIFESTED I CARGO: IMPORTANT JUDGMENT DELIVERED ᎪᎢ
CENTRAL MAGISTRACY
FORMER HONGKONG GIRL
Nominal Fine Imposed MARRIES IN On Importation Charge
AN IMPORTANT JUDGMENT WAS DELIVED BY MR. B. ED- WARDS AT THE CENTRAL COURT YESTERDAY
ENGLAND
AFTERNOON DAUGHTER OF LATE
MR. PAUL LAUDER
in the case in which two men, Leung Kal-fel and Wong Ming- dam, were charged with importing unmanifested cargo, namely, $70,000 in Chinese national carré ney banknotes aboard the 13. Seistan. In the course of the hearing Leung WAS on January 17, discharged as there was no evidence which could have justified His being charged.
WONG MING-SUM WAS CONVICTED AND A NOMINAL FINE OF $1 WAS IMPOSED. THE PROSECUTION WAS IN THE NA TURE OF A REST CASE.
In his judgment, the Magistrate fendant stated: "T brought it to said that he could see no differ-Hongkong to buy goods." In the ence in principle, between a box view of the argument for the de- full of currency notes intended to be exchanged for goods after arrival in Hongkong and a box full of goods intended to be ex- changed for money after arrivar in Hongkong,
of
any
"In the absence evidence from the defendant to shew that it was necESSATY for him to take this quantity ($10,000) with him for his or convenience
personal use
some
on this tourney or greater journey of which this Journey was but part, I am bound to convict remarked his Worship.
fence. I will add that I am satis- fed that the box and the bundle are both receptacles such as might ordinarily be used by Chinese tra- vellers to contain their personal efects.
URBAN COUNCIL
MEETING
OBSTRUCTIONS ON VERANDAHS AND BALCONIES
A former Hongkong girl was married at Ewhurst Parish Church, Surrey, England, on Dec. 27. She was Miss Heather Lander, elder verandahs and balconies in the The question of obstructions. on daughter of the late Mr. Paul form of partitions in contravention Lauder, former General Manager of of the Publo Hesith Ordnance. Canton, Ltd, and of Mrs. Lauder Urban Council resterday by the the Union Insurance Society of
Wag up at the meeting of the of Spange Hawe, Ewhurst,
Chairman, Mr. W. J. Carde
Heary Denison Street, son of the are sent in by the district in-
The bridegroom was Captain
He said that periodically reports late Lieut.-Commander H. L Street, EN., and of Mra Street, of High-section of the ordinance and that ways, Ewhurst, and grandson of when notices are issued to the spectors of infringement of this
Mr. Henry W. Street, of Southsea,
occupiers of the premises calling late of Birtley, Bramley, Surrey. It appeared in cross-examina-
for compliance with the law, in tion that there was no evidence marriage by Mr. W. G. Smith, and a letter, or call, from the in- The bride was given away in almost every case he had received whatever which could have justl-was attended by her sister Hazel, dignant occupier and the usual fed the charging of the first de-as fendant, and he was accordingly Secretan was best man, and Mr. the obstruction had been there for
bridesmaid. Lieut, Holford
arguments put forward were that discharged.
Michael Walker and Cadet Andrew Johnson, RN, were the ushers.
many years or that somebody else next door has an even worse db- struction.
in
ORDER IN COUNCIL The second defendant called no evidence; and it was contended that the charge against, him must Mr. E. W. Hamilton, Superinten-appreciate which it is necessary to fall on the following grounds, to dent af Imports and Exports, recite the Order in Counell which conducted the prosecution while reads: the Hon Mr. M. K. Lo appeared for the defence.
THE JUDGMENT Giving judgment, the Magis- trate said:-
Before I come to the particular facts and arguments of this case, I wish to refer to the point, of a general nature, taken at the out- set of hearing by the Hon. Mr. M. K. Lo who appeared for the. defen dants. Mr. Lo objected, as in my opinion he was fully entitled to object, to Mr. Hamilton's appear- ing to conduct the case for the prosecution when he was not the complainant, and, it should be added, neither a barrister nor ".solicitor admitted to practise "in the courts of Hongkong. Mr. Lo offerred no objection-indeed he himself suggested the course to
THE LATE MR. LAUDER
Mr. Paul Lauder arrived in Hong- can only reply that if we have.j It will be recalled that the late" "As regards the first argument I
the Union Insurance Society at law in the past, we cannot do so kong in 1918 as sub-manager of overlooked infringements of the Canton Ltd, and on the retirement once they are brought to our of the late Mr. C. Montague Ede, notice," continued Mr. Carrie. "To he was appointed General Mana-meet the second argument I have ger in July 1924, and retired ten caused a complete survey to be years later in February 1934. made of these obstructions and it 2. No person shall export He was a member of the Legis- may be taken that we are trying from the Colony any unmani-lative Council för brief periods to be fully consistent and to deal fested chargo.
I. No person shall import into the Colony any unmanifested
cargo.
וי
3. No person shall place any cargo on board any ship in the Colony without the consent of the owners, charterers, agents or master of such ship.
4. This Order in Council shall not apply to the ordinary lug- gage of a passenger accompany- ing the passenger.
5. This Order in Council shall apply only to importation or ex- portation in or the placing of
and was awarded an, LLD. degtee impartially with all. by the University of Hongkong
"Verandahs over unleased" Crown
just prior to his retirement. He Land are a special privilege grant- was of about 60 years of age when ed to the owners of the adjoining he died in June 1939.
FORTHCOMING. MARRIAGES
lot leased from the Crown." These verandahs are meant solely to furnish protection to the main building "from sun and rain and are not meant to be used as ad-
main building.
riages are announced
The following forthcoming mar-ditional accommodation to the
Mr. Francisco Maria Roza Pereira, salesman of No. 8 Tung
"'
FIRE DANGER.
"The Hon. the Director of
goods on board ships propelled Chung Terrace, ground floor, and Public Works has pointed out that Miss Pauline Leong, of No. 53 Fal section 63 of the Buildings Or- Yan Road, ground fidör,
dinance No. 18 of 1935 is Identical Mr. James Henry Woodier,
by steam or any mechanical means.
and Section 4A of the ordinance
Mr. Hamilton's being substituted under which that Order is made, inspector of postmen, General Post with the, provision I have just
as complainant in the case and thereby becoming entitled to con- duct what became his own case. I allowed this substitution though not without some doubt as lo whether this course is correct in law.
One insatisfactory result of such a course emerged during the bearing when it appeared that there was no evidence whatever which could have Justised the Arst defendant's being arrested and charged; criminal charges are "not to be preferred against any person Hghtly and without care- ful consideration, and it is the Tesponsibility of the" complainant, that is the person laying the com- plaint, to satisfy himself that he has evidence to support his charge before he lays it.
which reads:
Continued on Page 8
Office, and Miss Sidney Lee, of Na 68 Parkes Street, second floor.
ANNUAL MEETING OF ST. JOHN'S CATHEDRAL
Dean Wilson's
Review:
Tragedy Of Aggression
ין
"Since we met last the tragedy of aggression and war has over- taken Europe as well as Asia and the strange course of the war has bewildered us and made us feel the tragedy of the sacrifices that have been called for." said the Dean, Very Rev. J. L. Wilson, when presiding at the annual meeting of the St. John's Cathedral held on Monday night.
missioner of Police in his capacity mentioned while the Hon, the Com-
as Chief Officer of the Fire Brigade considers our proposed action to be a good move in the right direction to prevent loss of life and damage in fres.
I wish to make it quite clear that this is a matter of law and that this Council has no dis- cretion or authority to grant any exemption from this 500- tion of the Ordinance or to overlook the smallest infringe. .ment. Notices will now be Issend In the name of the -Council requiring compliance with the law and appeals to this Council against these notices will be of no avall..
APPLICATIONS REFUSED - The following applications for an
Where, as in this case, the -original complainant did not ap- pear and a complainant was sub- stituted for him, although the sub- stituted complainant doubtless assumed responsibility for the charge by reason of his substitu- tion, the Court and it may be the defence suffered the inconvenience domestic affairs," continued the dral Hall.
If we talk tonight of purely cussions during Lent in the Cathe-Lot No. 1626, Nathan Road, ground floor, and for the premises an Lat
"That these sacrifices have been made at Home is abundantly clear and, although in Hongkong there is not nearly the same evi- eating house licence for No. 85, dence, there is hardly one of us who has not been touched and a Parkes Strees, and for No. 51, Hal- few who are not unwilling to give the service of their life, not only phong Road, ground floor, food on behalf of their own country. but on behalf of those ideals which preserving licence for No. 30, are dear to the Christian conscience and which are threatened by Queen's street, third floor, bird shop destruction."
Licence for the premises
nearest
*
on
of being unable to refer imme-Dean, "it is not because we are Passing.to the Discussion Group No. 1628, Nathan Road, ground diately to the person originally wholly concerned with them but we found that the change from a floor (ie. the first shop in the :responsible for the prosecution for because we feel the necessity of private house to the Cathedral left side of Argyle Street) and an an explanation as to why the first carrying on the things that are Hall was not satisfactory but two offensive trade pig roast) licence defendant was charged.
The defendants in this case were may seem dull or even petty, but held one fortnightly, and one floor, were refused.
to band. These things classes for young people are being for No. 37, Ba Po Road, ground charged with importing into the the spirituality, the enthusiasm, weekly, and the average atten- Colony unmanifested cargo, name the education and the fellowship dance at each is about eight. It w 3. Carrie. (Chairman), Dr. N. G. 13, one box and one sack contain-of Christian people is of para- is difficult to get a good discussion MacLeod, Hon. Mr. A. B. Purves, Hon. The following were present:-MT. ing Chinese banknotes on board mount importance and will have a if this number is increased. 5.5. Beistan on January 17, 1949, more enduring and permanent contrary to Regulation 1 of an effect upon the course of the world lent year and the numbers have Bellamy, Dr. S. N. Chau, Hon. Mr. The Scouts have had an excel-King. Mr. F. C. Hall, Mr. L. C. F. Mr. RA, C. North, Hon. Mr. T, H Order in Council, GN. 773 of 1932, than some of the more traditional increased to afteen. They now w N. T. Tam, Mr. B Wing Tape, made by the Governor-in-Council achievements, and so I pass to a have a headquarters of their own Mr. Tang Shiu-kin, Mr. C. J Roe. In the exercise of the powers con-review of our work.” ferred by section 4A of the Im-
in the basement of the Bishop's (Secretary) and Mr. Im Ping- portation and Exportation Ordin-were Prof. L Forster, Mr. P. 8.
On the platform with the Dean, House.. ance 1915, as amended by the Im- Cassidy, Mr. D. 3, 8. Crozier and
CATHEDRAL CLUB
tseung. KAsst. Secy), portation and Exportation Amend-Mr. W. M. Barton
The Cathedral Club has increas- ment Ordinance 1932,
NOT.IN DISPUTE
ed in membership and most of the
It was revealed that several members are regular attendants at generous donors had left the the
AN CHARITY DANCE
monthly communion and The charity dance organised in
و:
Music was supplied by the Viceroy of India Broadcasting Dance Orchestra. All the popular dances, from the Lambeth Walk to the new Beer Barrel Polka, were introduced; and were tremendous- ly enjoyed by all present.
The essential facts of the case Colony and in consequence the Fellowship breakfast. The amal aid of Seamen's Charities, which are not in disputé. The 2nd de- goodwill offerings had decreased. gamation with the Communicanta' was held at the 1 ninsula Hotel fendant was found by a Revenue Also, that $80,000 was available for Fellowship is going" ahead but it last night, was well attended and Oficer on board the ss. Selstan the construction of the proposed is slow work and will only be was in every way a great success. which had just arrived from a Deanery.
achieved gradually, foreign port, Kwong-chow-wan. A DIFFICULT YEAR, He was standing by a black box Continuing his review of the and a bundle of rattan sacking: Cathedral year, Dean Wilson sald, in reply to the Revenup Omoer in part:-Last year was a dificult he admitted that the box and year for the Bunday Schools. -bundle were his and said that they Fifty per cent. of our teachers left contained "Money." These two the Colony but towards the end of receptacles were found to contain the year we were able to have our nothing but banknotes of Chinese four schools well staffed with pre- National currency, to the amount paration classes under the direc of $70,000 th all. These banknotes tion of Miss Corney. A nourishing did not appear on the ship's man!- Sunday School Association is hold fest: When charged, the 2nd de-ing a series of lectures and dis-!
The Sunday Night Socials are obviously appreciated by a largo number of those who come to the evening service. Many -people I know have found friendship and a spiritual value on these Sunday evenings and I have bad may instances of
· service; men expressing a deep
Christianity through these in- appreciation of the value of
formal gatherings,bathro
Continued on Page 11
Mr. Norman King, of the Ame rican President Lines, left the co tony yesterday, Mr. King has been transferred to Kobe. He was accompanied by Mrs Kling:
WEDNESDAY, FEBRUARY 14, 1940. -PAGE
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