PAGE 2-HONGKONG DAILY PRESS
CHARLES ONSLOW FOUND NOT GUILTY, FREED Lengthy Judgment By
Police Magistrate
Written-judgment was delivered by Mr. G. T. Lowry at the Central Magistracy yesterday in the case in which Charles On- slow, 40, unemployed, was charged with the unlawful possession of two diamond rings in Wing Wo Street' on Nov. 7.
OnBiow
F.A. XI For Governor's Cup Match
SPORTS & GENERAL
ASSOCIATION TOURNAMENT WIN FOR SAPPERS
SIGNALS COLLAPSE
On Sunday IN SECOND HALF
The first game in the Governor's Cup football competition between the H.K.FA. and the E.K.CAA will be played at Caroline Hill on WILS found not gulky to be attached to such statements Sunday, kick-off at 345 pm. The and discharged.
Worship was primarily a matter for the game will be of 90 minutes dara- holding that defendant had na discretion of the trial judge or tton. case to answer as there was no magistrate.
The team to represent the HK. -evidence to show that defendant In this case. I should find FA has been selected and..com- was in constructive possession of difficult to so attach any weighs prise the following— “
at all to the statement made, by the defendant in "which' ne... re- ferred to a fer dime
the articles.
01-
THE JUDGMENT (The judgment was as follows :
Entirely apart from such ganadə In this case, the defendant is
derations, there is no aridence sa charged with an offence against show that the defendant had at section 14" of the Summary
any time the actual physical pus- fences Ordinance, the particulars session of these rings and insteed nt. Offence setting out that
on the evidence goes to prove that it Nov. 7, 1940........you did have in
that he ever was, unlikely
had.. your possession two diamond
But the prosecution ask me to rings reasonably Juspected of hold that the defendant, as pus having been stolen or unlawfully
sessor of the pawn tickets and as obtained"
the only person who can obtain The prosecution have called evi- the rings, is in absolute control of these rings and that they ar's therefore, to his constructive
· possession.
dence which, if uncontradicted, would establish the following facts:-
(1) That a man giving his name
TWO QUESTIONS as Chan Kau pawned a diamond ring for $30 at the Tak Lung This argument gives rise to two pawnshop on Oct. 20, 1940, and questions:— that a man giving his name 38 | +1) Can the doctrine of construc- Chan 51 pawned a diamond ring tive possession be applied to all for 380 at the Ta! Lung in charges brought under section pawnshop on Oct. 15, 1940,
24 of the Summary Offences... (2) That the
pawn tickets re: (2) when, if ever, can it be lating to these two rings wero held that a person in possession found on the defendant's person af pawn tickets is in constructive on Nov. 7. 1940.
posession of the articles to which they relate if he has never had physical possession of those arti- -
known him for a few years televe him to be an Than."
on
Robinson (Navy); Roughley (Navy), D1, Leonard (St. Joseph's); Fope {Palice), Bright (Middlesex), Wilkinson" (Middlesex); Coomer (Middlev sex) Hendy (Navy). Fowler (Club), Hawlett (Police), and Bickford (Club).
(RE) Reserves:
- Moshan Freshwater (Middlesex). Hussain (St. Joseph's), Blackburn (Police), Blake (Kowloon), Hossack (Royal Team Scots), O'Regan, (Navy). manager. Mr, W. E Hollands.
The game will be handled by Messrs...K. K. Ip (Referee) and W Glover and E. M. Mitchell (Lines- men).
41
TUESDAY, NOVEMBER 19, 1940.
SANDAKAN LIGHT AND POWER CO.
OVERSEAS CHINESE TO
DEVELOP FUKIEN
HAS SUCCESS YEAR Big Contribution To North
Borneo Spitfire Fund
Royal Engineers beat the Royal Corps of Signals by four clear
The eighteenth ordinary yearly meeting of shareholders of the goals in a Hockey Association A number of prominent overseas Sandakan Light and Power Company (1922), Limited, was held at Tournament match played yester chinese who are natives of Paklen
the Head Office of the Company, Bank of East Asia Building, at day at Sookinpoo.
noon yesterday when the annual report of the Board of Directors are planning to, embark upon a Bignals held their opponents large-scale industrial development and Statement of Accounts, showing a net profit for the year of down to a single goal in the first programme for the province.
$77,821.18 was pasted, 209, half, but the hard-pressed defence Among them, it is learned, are The Hon. Mr. A. L Shields took press the hope that Sandakan and collapsed toward the end.
Mr. A Boon-haw, well-known the Chair, supported by Mears. J.incidentally our undertaking there Truscott, in Signals' goal, put up chinese medicine magnate of P. Braga and S. 14 Churn, Direc- may prosper in spite of the very A good show, expenfalls in the first Singapore, and Messrs. Cheng Yu-tors, and Mr. A. A. Botelho, Secre-complicated political situation now half, while his opposite number,hau, Tai Kwai-sheng, and Chentary. Shareholders present were obtaining in the Far East. Dobson, spent a leisurely aftemoon | Yung-fang, of Hongkong.
Messrs L W. Shewan, N. V. A between the sticks without at any Under Mr. Aw and others, an Choucher, J. A. Tavares, H. Dreyer, port, and 4ccounts as presented be I beg to propose that the Re- time being seriously threatened. Overseas Chinese Reconstruction, V. Braga, J. Dick and adopted and passed, and that the sum of $100,522.15 be appropriated
TEAM OF DEFENDERS
Corporation will soon be establish- Buxton,
The Signals were "a team of deed. The concern will be capitalised "The statement of accounts for las follows:-
annuation
fenders, the forward line adopting at $25,000,000, of which over $8, the year ended June 30, 1940,
a profit on working ac- To place to the credit of Super- 000.000 has already been paid up. showed half-back tactics a good deal of It will engage in reclamation pro count of $91.593.51. The net Pre-Plant Reserve 10.000; To pay
Fund $5,000; Capital the way. The Sappers never got started and were a deal below form. The game was occasionally Scrappy...
Homburg scored the first goal in the latter part of the first half. Denyer and Homburg (2) netting, in the following- half.
for the year with balance
dividend of $1 per share on 50,000
adoption of the Report and Ac- counts, which was seconded by Mr. N. V. A. Croucher,
jects, ten, camphor, bamboo, lum-t ber and tung oil productions and brought forward from the last so- light industries during the war count allowed a sum available for shares, 50.000; To carry forward and in communications and min. tppropriation of $100,522.15.
to the credit of Profit and Loss An appropriation of the sum of Account for the emming gear. ing during post-war periods.
Another concern. to be known $50,000.00 for the purpose of pay- 38,522.15. Total, $100,62215; -- US the Fuklen Overseas - Chineseing a Dividend of 20 per cent. The Chairman proposed the Industrial company, will be ($1.00 per share) on 50,000 shares, THE TEAMS
organised by Messrs. Yeh Tsing-recommended by the Board of It is notified that prices of ad- ROYAL ENGINEERS; - Dobson; chỉ. Soc Chiu-tao, Li Cheng-kung Directors, was approved. mission have been raised and the Croston, Goodwin; Whittaker, and other prominent overseas
CHAIRMAN'S SPEECH
Mr. F. J. Tavares proposed the following rates will be charged on Bowling Marriott," Singleton, Deň- Chinese who have returned to the The Chairman said:--'
re-election to the Board of Direc- Sunday: $1.50, $1.00, 50 cents and yer, Homburg, Shaw and Twomey, province. This company will deal
Gentlemen-As the Report and tors of Messrs. J. P. Braga and S. 30 cents.
ROYAL CORPS OF SIGNALS-in forestation, animal husbandry. Accounts have been in your hands M. Churn, which was seconded by Members of the Council and Truscott:" Harrington. Sayers; reclamation projects and exploitator the required period I hope you Mr. H. Dreyer. holders of complimentary tickets Rumford, Gorman, Halstead; Tom- tion of the coal mine in Yugar will dispense with reading them. Mr. H. F. Burton proposed the " are requested to be there early as linson, Husband, Holland. Blount in southwestern Fuklen-(Central the gates will be closed after the and Kennard. sale of the last tickets.
TOURNAMENT TABLE
Goals
The Chinese Federation are the holders of the trophy.
¡Recreio
Nomads
WIN FOR GULL
(3) that the defendant after his artest and after a proper cau- tion made a statement as fol- cles, lows:-"These pawn tickets were Section 24 of the Summary handed to me by a friend named Offences Ordinance is based Lee Wing Yu for sale. I have the Metropolitan Police Courty The ladies' sweepstake of the
and Act of 1839 and it has on counter-RHK. Yacht Club salled yester honest part in the general body of Eng-day resulted as follows.
liah criminal law. It is therefore Yacht The defendant made another difficult to trace any cases bear-Gull statement before arrest to which ing on the first question. But I
(Miss B. M. Richards) I will refer later.
is very doubtful if the Artemis
16.46.13 (4) That the defendant has words having in his possession' (Mrs. J. Potter) falled to trace Les Wing Tut this section should be deened Koala
16.48 $5 though given every opportunity to to include constructive. posses- (Mrs. M. Johnson)
do so.
'PRIMA FACIE CASE "
think it
ton.
LAW EXTENDED
a prima facie ease against the law so as
defendant.
P. W. D. L F. A. Pts. 2 2 0 0 0 0 4 2 2 0 0.5 0 4 Police “A” ..... “2 2 0 0 7 1 4 15th A.A "A" 2 2 0 0 5 14 R. Engineers 2 2 0 0 12 3.4 Folice 3 3.2 0 0 6 2
Finished Pos'ta
16.42.55 1
Gunboats Kumaons
15th AA: "A" (Khalsa
2
CBA.
FIXTURES
TODAY CHESS. Kowloon Chess Club Junior Championships, Fabel v. Mitchell, Laufer v. Grefalda, Kolatchoff v.. "Poupard, A. Ben- jamin v.
Ben- 'DAlmeida, 8. jamin v. Drake, Walther v. Lee.
TOMORROW
3 2018' 4 4 ́1 1 0 0 2 1 2 Z 1 0 1 7 2 2 1017 3 2 31 0 2 3 4 2
News)
Your Directors on the recom- re-election of Mesars. Lowe, Bing- mendation of the Company's Audi-ham and Matthews and Messrs. tors decided to present the Ac-Percy Smith, Seth and Fleming as
which is coming into general use J. Dick seconding. The late Mr. Sum Pak-ming, by including a Profit and Loss and well-known local shipping mer- Appropriation Account and I hope | chant, who died at his residence this meets with your approval, at No. 41, Conduit Road on Aug. The accounts shew what I con, 15, 1939. left local estates to the sider a satisfactory improvement value of $803,600. Petition for on the previous year. Probate of the Will has been granted to Sum Yip-sze, widow.
LOCAL ESTATES counts now before you in the form Auditors for the ensuing year. Mr.
•
·
CROWN LAND SALE
day...
Twn lots of Crown land were sold EXPENDITURE LOWER by Mr. B H. C. Hallowes at the Both Lighting and Power units Public Works Department yester. sold are up, slightly and expendi Local estates to the value of
Kowloon Inland Lot No. 4296, ture is lower resulting in an im- $141,100, were left by the late
provement of $10,445.91 in the situated at Kowloon Olty Ed., To- 3 1 0 2 4 11 2. Mr. 4u Yemy Pan, general mer-belance at credit of Profit and wa-wan, haring an area of 16,300
chant, who died at ha residence Loss Account for the year,
square feet was sold to Mr To at No. 1, U′ Lam Terrace, Kow-
The net profit for the year Chur-yau, e/o Mr. E. M. Hazel. loop, op June 27, 1940 Petition amounts to $77.821.18 which with and, of Kayamally Building for by Au Yeung Shuk-uen for Pro- the sum of $22,700.97 makes a sum $16,000. The upset price was $12- bate of the Will has been granted. $100,522.15 available for appro- 225.
2nd M/TE. Destroyers 0:0 2 0.60 (Univeralty eržið 10 0:5–2.13 0 R. Signals 30030 20 A.N. Other
ΧΙ
0 0 3 វា 9 0
Opium Suppression Among Overseas Chinese
I have now to consider if this The section, like section 65" of SPORTING evidence is sufficient to establish the Larceny Ordinance extends thei
to make it easier to bring to justice those who deal in The original owner or the rings stolen property. And the Courts had not heen traced, and there in interpreting the section in the is no evidence to show that they Prevention of Crimes Act, (1871) were stolen apart from the defen- on which section 63 is based, hav- dant's statement that he bought tog held that the word found in
Following the conclusion of the 6-year project for the suppres- them for a few atmes (for how his possession' must be deemed to
sion of opium in the country, the National Government in taking ever one interprets a 'few dimes mean found in his actual physical | LAWN BOWLS. - Bowistérs ̈v, steps to wipe out "the" evil among overseas Chinese. "Reports · have It is clear that the um referred possession."
United Services Recreation Club, been received that more and more overseas Chinese hav turned to was absurdly smalt when com- Thus in Rex versus Hardy (74 at Government House, 3.30 p.m. oplum addicts in recent years. pared with the articles pawned).
J. P. 396) it was held following
And, while it is, not necessary the decisions in Rex versus Drage: to decide the case on this point and Rex versus Carter, that in it is to be noted that the gate-charges of receiving stolen pro- ment referring to a few dimes was berty where it is sought to prove made to the prosecuting officer that other property stolen in the when the defendant was in cus- preceeding twelve months was in tody at the Police station but be- the, possession of the prisoner fore he was charged and caution- the' évidence must be excluded ed. There is no evidence to show unless it goes to show that the that the statement was not volun- property in question was in his tary or that there was any in actual physical possession. dücement but the third of the Ruler for Police Officers appear ed by His Majesty's Jugxes Was not observed.
MATTER FOR DISCRETION
L
EFFECT OF, DECISION Some part of the effect of these decisions - Has been recorded by [section 43 2 (1) Larceny Act 1916, But I think their effect as re-
RIFLE SHOOTING. Hongkong
SOCIAL AFFAIRS MINISTRY
Тое following measures bave been decided upon:
priation.
PLANT IN GOOD ORDER
GOOD
Mr. Cheung Man-dung of 11 Queen's Road Central was the pur-
We have had no exceptional ex- chaser of KIL 4297, which ad- penditure during the year; de Joins KILL 4148 in Ping Street, preciation has been provided on Kau Pul Shek, after raising the the usual basta on Buildings, Plant upset price of $4:301 to $5,600. The area of 6,734 square and Machinery and provision has lot has an been made for obsolescence and feet, depreciation, on-sundry equipment
as recommended by the Resident Engineer who reports that the
Plant is in good working order and HEALTH RETURNS
the 'Buildings in good repair.
During the year, in response to
The following is the Return of
"First, the Ministry of Foreign
an appeal fromn Sandakan, we notiflable diseases notified Affairs will send notes to the dif-
'made' a contribution of Straits having occurred in the Colony ferent countries concerned seeking $1,000 to the North Borneo Spit during the 48 hours ended at mid- their co-operation."
fire Fund which I am sure will night Nov 17 Diphtheria, two Second, the Ministry of Foreigmeet with your approval.
enaça; Entere Fever, one case; Affairs will meanwhile instruct the
Chicken-Pox, one cuse; Dysentery, The newly-created Ministry ofdiferent Chinese consulates
27 even cases; Tuberculosis, Casca.
POLITICAL SITUATION- There is nothing further calling
Rile Association 8poom and Practice Bhoot, at Kowloon City, 1.45 DJKI, RUGBY, - Club "A" v. Army.
(Club); Navy. v. R.A. (Navy). THURSDAY, NOVEMBER 21 CHESS. *Kowloon Chess Club Sentor "Championships, Kar povich v. Sequeira, Yvanovich Social Affairs under the Executive abroad to investigate and report v. Coxhead, Weise v. Sampel, Yuan formally commences fine within two months the number of for comment and I can only ex- Garvalho v. Biriukoff, Evans v. tioning today. The Ministry was optum addicts and traffickers
from Barnett. Lee v. Olsunen.
| recently reorganised
the among the overseas Chinese and Social Affairs Board of the Central the laws and decrees relative to Kuomintang Headquarters, with oplum suppression in their respec- Mr. Ku Cheng kang, as Minister. tive localities as well as medical For the time being, it is under-facilities for curing oplum addicts. stood that the Ministry will have Third, the Ministry of Foreign
',
B. W. O. F.
י
This type of statement was fußy cards the issue of constructive The following is the list of sub- three departments. Mr. Chen Lieh Affairs, the Overseas Affairs Board discussed in the case Chau Ngau possession remains unchanged. scriptions received to date for credit is said to have been slated Direc-of the Kuomintang and the Com- versus Rex (Hongkong Hepotis It is true that there is a dis-of the British War Organization tor of the General Affairs Depart-mission on Overseas Affairs, will Vol XXVII "page 56). In that tinction between the words 'hav- Fund:-
Previously acknowledged, 2100 and of the Organisation and Training publicity and registration of oplum ment, Mr. Lu Ching-shih Director | jointly undertake anti-oplum case 15 whs. held that the weighting in his possession or conveying $605,208230,
Fand being found in-possession' Patricia" $200; Eastern Banitary Department and Mr. Pao Hua-kuo addicts, and appropriate funds for but that distinction is not sum-ompe, &, Some of the Chinese Staff Director of Welfare Department, the establishment of clinics for ciently great to remove my doubts of Wilkinson and Grist (October), Mr. P40 is the incumbent head, oplum addicts.
24.
THE HONG KONG JOCKEY CLUB.
ì
ADVERTISEMENT to the correct interpretation of 15.59 Mrs. Hort, D. G Day of the Social Affairs Bureau of Fourth, medicine prepared by the word possession insection (Monthly), 16; A. EL Guinnes the Chungking Manicipality, the National Health Administra- (Monthly), 20 AM Bennedy Upon his transfer to the Social tion will be sent to the different But even supposing that they, 30; D. Z: Clark 50: Joseph Affairs Ministry his post is ex- Chinese consulates abroad for dis doctrine of constructive possession Badges per Mr P. Philips, 2:
Prentice, 25; Bee of Two GLS pected to be held concurrently by tribution to the overseas Chinese can be applied to section 24, the sale of One CILES. Badge per Mr M Wa Tol-lang, Secretary oplom addicts, second question remains, · Does A. H. Potts, 1: Bale of One CHES. General of the Chungking Munt
Government (Central Draft Programmes and Entry the evidence show that the ringe Badge per Mrs. Mackintosh, 1; to- cipal
concerned in this charge were in tertainment Committed ice HongNowx), - Forms for the Twelfth Extn the actual possession of a person kong Hotel, 300; Mr. and Mrs. C. M Race Meeting to be held on over whom the defendant has a Hall, 50; The Lazy Bowls Bow POLICE REPORTS Ministry of Interior and distribut Saturday, 30th November, 1940 control so that they would be Mr. And Mrs. A. Horde (Monthly), Purchase of Mobile Canteens), 1,028; Weather permitting) may be forthcoming if he ordered it. obtained at the Secretary's Office, | CONSTRUCTIVE POSSESSION Exchange Building; the Club: I do not think that Rex versus House, Happy Valley; the Hong Cullen (7L 1 N. G. 83) is of the Kong Club; The Sport Club; slightest help in deciding this
point,
Fifth, pamphlets on the evil ef- fects of oplum and the success of China's 6-year opfum suppression project will be published by the
ed by the Ministry of Foreign Af Mr. G I Siplisks No. 8. St tafts, the Overseas Affairs Board 10: LE N. Ryan 100 L Blair John's Apartments, has reported of the Kuomintang and the Ccan- (Monthly), 10; Richard Hancock, 25: the theft of his car No. 4657 on mission on Overseas Affairs -- Anonymous, 847. Total: 8807,193,17.
Sunday between midnight and Central News). A 10:30 am, the vehide, which is valued at $2,000, was parked at the Peak Tram car par
and "the" Stables, - Shap Kwong prisoner was in constructive pos- session of these articles and for For in that case the defendant was in constructive pos.
Road
session of the articles stolen be- this reason, if for no other. I hold A pen, pencil and cigarette hold. fore they reached the pawnbroker, that there is no case for the deer, to the totál value of $33, were 19
In this case, the rings would fendant, to answer.
Entries close" at 12 o'clock NOON 67 THURSDAY, 21st November, 1940.
BROWN
CO-OPERATIVE DEVELOPMENT
reported by. Mr. C. V. Fir erevsky Despite Japanese - aerial bomb- not have been forthcoming unless I might add that there seems to have been stolen from his re- Inge, Chungking has taken big the defendant was a position to be no reason why the defend-sidence. No. 72. Dins House.
strides in co-operative enterprisen. to pay the full amount due, and ant should not have been charged
Statistics show that there are
on these circumstances 1 cannot with the possession of the pawn Mr. J. E-Chan, of No, 201 Wan, 69. producers
see how It can be said that the tickets which themselves vare #chai; Roid reperbe, that his car 644 members, and defendant was in absolute con- articles of valne
trol of these rings, I am unable. The defendant wil
to find there is evidence that the not guilty and
between
and 8:30 am
3,000 members
ves with
ate in
over:
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