HONGKONG DAILY PRESS
ACTION TO RESTRAIN POWERS
OF POLICE DISMISSED BY THE CHIEF JUSTICE
The task before me can be very shortly stated in the words of Atkin J. in Lipton v. Ford, 1917 2 K..B. 647. All tha I have to see is whether the regulation is one that is reasonably capable of being a regulation for securing the public safety and the defence of the realm. If it is I do not think the Court is entitled to question the dis- cretion of the Executivé to whom Parliament has entrusted powers in such "wide terms.'
33 MONTHS'
GAOL FOR ROBBERY
GENERAL
SOCIETY FOR PROTECTION OF
CHILDREN
MR. C. G. SOLLIS NEW CHAIRMAN
Found Guilty on
charges of At the monthly meeting of the robbery committed in Kowloon and Committee of the Society for the Hongkong, six men, Au Nam, 20. Protection of Children held on Chan Kal. 27, Luk Wing, 24 Wong Jan 15, Mr. C. G. Sollis, Director Sing, 21, Tam Ying, 20, and of Education, assumed
his ap and Yeung So, 24 were sentenced pointment as Chairman for the by Mr. Justice Williams at the current year. A hearty vote of thanks was expressed to the re- Criminal Sessions yesterday.
Mr. J. Reynolds, Crown Counsel, tiring Chairman, the Hon: Mr. W assisted by Cuiet Det.-Insp. A EN. Thomas Tam
Mrs. Graham-Cumming Carey, prosecuted, and the follow-
W29
ing comprised the jury:-Messrs. welcomed to the Committee and F. Tyndall (Foreman), Tsof Wing-the Society is grateful for her
"To that question, giving the words of the Regulations their plain and ordinary meaning, and having due regard to the term of the affidavit of Mr. N. L. Smith, there can in my judgment be only one answer. The Defence (Entry Restrictions) Regulations, 1940, are in my opinion not ultra vires and this action therefore falls. There must be judg-ka, S. E. Green, 9. A. Hathiawale, affer to take over the post of Se- ment for the defendants, and the interim injunction grant- ed by me on Dec. 13 and extended on Jan. 8 until the trial of the action is discharged.
"In view of the conclusion
J
make an order for costs, but, after considering carefully all the following McCardie
Shutler
Wan Kwong-yiu, Wong Long-chi oretary of the Western branch
The Case report for the month and Ho Ping-nam.
that 385 Au Nam was sentenced to 33 of Dec., 1940, showed
children were introduced to the months hard labour on three
various Centres during the month After quoting the various aurobbery charges and a charge of
and that the total number of to which I have come I must thorities referred to by Mr. -d'Al...”
possession of arms. mada, his Lordship sald that
two charges of robbery, was sen
Luk Wing and Wong Sing, on cases under supervision at, Dec. 31 was ¡1,842, involving approximate- J. in reported cases in which Defence tenced to 27 months' hard labour
The Society's ly 3,000 children: Inspectors had paid 697 visits to v. Rolfe (1920) 36 of the Realm or Defence Regula- each, while Chan Kai, Tam Ting T.L.R. 828, I desire to say that tons
challenged as in view of the great public ultra vires, from In the Matter of and Yeung So, found guilty on importance of these proceed- ings, their importance both Farrell to the subject and to the Newspaper Aug. 3, 1940), certain State, I think that the Crown principles clearly appeared. ought not to enforce the costs."
have been
a Petition of Right (1915) to E, H.
one charge of robbery, was each sentenced to 12 months, Jones Machine Tools Limited v
All defendants. except "Chan Kal, were each also sentenced to 12 strokes of the cane.
and Muirsmalth (Times
ABUSE OF POWERS "There is a presumption in fa- vour of reasonableness and hones- The above formed part of the ty and in this case the honesty judgment of the Chief Justice, Sir of the Executive is not challenged. Atholl MacGregor, delivered in the It must not be assumed that the Supreme Court yesterday morning, powers conferred upon the Execu-
Irishmen
homes during the month.
SATISFACTORY SUPPORT "The finance statement indicated that the public of Hongkong were continuing to afford very satisfac- tory support to the Society, al- though expenditure in 1941 will not likely fall short of $28,000.
The Chairman expressed parti- cular thanks to Mr. Li. Po Chun his handsome donation of
penses of the Lang Yuet Sien Creche for 1941.
Urge Eire Aid$1.200 towards the running
in the case, in which Mrs. Mabel tive by Statute will be abused." For Britain
Evelyn Blair, of No. 12, Broad- After further reference to other wood Road, claimed against authorities,
At an informal meeting of
the Commissioner of Police and fudeme is Lordship delivered local Irishmen heid, on Monday THREE MEN
Mr. E. C. Lascombe, an Assistant costa
night it was decided to support
Superintendent of Police, the fol- The full text of the judgment the messages already sent by
lowing declarations:-
Firstly, that Regulation 3 of the Defence (Entry Restrictions) Regulations, 1940, so far as it applies to British subjects resi- dent in the Colony is ultra vires, vold and of no effect;
will be published as a Supplement tomorrow.
LIVESTOCK FOR HONGKONG
arrived
It is reliably learned that large Secondly, that the defendants shipments of Hvestock and other have no power under Regulation provisions have
in the (b) of the said Regulations to Colony recently and further sup- compel the plaintiff to leave the piles are expected in the near Colony against her will;
future.
Thirdly, an injunction to res-
the defendants traini
10
The Yunnan, plying between any the Colony and Thailand, arrived police officers authorised by the here recently, with 130 head of Arst defendant from taking cattle and 13,000 bags of rice. action against the plaintiff un-
der sald Regulations;
H
Fourthly, such further and CRIMINAL SESSIONS:
other relief as shall be just; and
Fifthly, costa
The Hon. Mr. Leo D'Almada, Jr.. instructed by Mr. Edgar Davidson, appeared for the plaintiff, Mr. H. C. Machamara, instructed by" Mr. E. W. Davies, Crown Salleitor, re- presented both defendants.
THE FINDINGS "
North American and Malayan Irishmen urging the President of
SENTENCED
Eire to give full support to Britain TO DEATH
in the present struggle.
The following is the text of the cable sent yesterday:-
"De Valera: President, Eire -Irishmen in Hongkong join with compatriots in Malaya & North America in strongly urging fullest support and co- operation with British Com monwealth of Nations In the war against dictatorships and immediate abandonment of present policy of neutrailty.
SENTENCE ON ROBBERS DEFERRED: ONE FREED
ex-
Unanimously found Guilty by a jury, ón * capital charge, LAU FAT, CHEONG KAI-SAU and CHEUNG" SAU-FAT, allas Cheung Wai-yuen, were sentenced to death by the Chief Justice, Sir Atholį MacGregor, at the Criminal Sessions yesterday.
The three men were charged with the murder of Cheung Kai, widower, at Cheung Tau Po Village, Au Tat New Territories, Jon Nov. 22.
נד
First accused was defended by Mr. D. J. N. Anderson, instructed by Mr. H. L. Kwan; second by Mr. T. F. Lo. instructed by Mr. A. él Arculli and the third by Mr. Hin- shing Lo. Instructed by Mr. J. M. Hall.
Mr. J. P. Murphy. Assistant One was discharged and three others were found guilty Crown Solicitor, appeared for the prosecution, assisted by Det.-Insp when four men were charged before Mr. Justice E. H. L. R. Whant, and the following Williams at the Criminal Sessions yesterday with robbery jury was empanelled:-Messrs, K. by two or more at No. 1 Ladder Terrace on Oct. 6. The G. Blair (foreman). W. R. Conolly, his Lordship, after referring to the accused were Chan Kai, 27 (discharged owing to insuffi-C. M. Wolosh.. S. S. Ruston. Yau Emergency Powers-(Defence) Act, cient evidence), Luk Wing, 24, Tam Ying, 20, and Yeung Si-lim, Pang" Kok-sul and S. A. R. 1939, which was passed by the Im-So, 24. perial Parliament on Aug. 24. 1939, and extended to this Colony, by
In the course of his judgment.
Order of His Majesty in Council "the "following day, stated that on Nov. 19, 1940, the Governor under those Powers made the Regala
Remedies.
ACCUSED'S DENIAL
At the hearing yesterday, first accused. Lau Fat, in evidence, denied. that he committed the
Mr. J. Reynolds, Crown Counsel, assisted by Chief Detective A. E. Carey, prosecuted, and the following com- prised the jury:-Messrs. V. I. G. Petersen (foreman), Fung Yin-kwan, "Fung Tak-ming, Luke Cho-ying, F. A. Broad-murder. bridge, A. J. Coelho and P. Castilho.
Terrace, second
When he was asked to helped in burying the deceased he refused but second and third ac-
tions entitled the "Defence (En- try Restrictions) Regulations. 1940, Mr. Reynolds said that, on! IDENTIFICATION PARADE cused said they would take thei
On Nov. 9 at an identification responsibility. under which the competent au- the morning of October 6 at thority, which was given to mean about 10.16 a.m. an amah em-fed by two witnesses as the man evidence, that there had been no pärade third accused was identi- Third accused.. stated, in the Commissioner of Police, was ployed by Ho Suk-tsan, at No. who had knocked at the door. given the right to permit, or re 1 Ladder
11-feeling between him and de- At the conclusion of the Crown's ceased, who borrowed money from fuse, the entry of any person, whether British subject or not, floor, in answer to a knock, case His Lordship told Chan Kal. him from time to time, but had into the Colony, subject to in-, went to the door and saw a "There is insufficient evidence to never quarelled with deceased. "structions of the Colonial Secre- man, later identified as third and I shall direct the jury to re-motive had been put forward by call on you to answer your case; Mr. Anderson submitted that no tary who may revoke or vary any accused, outside, holding a turn a verdict of Not Guilty. You the Crown as to why his client decision of the competent au- thority. Section & of the Regula-parcel, which the man said are now discharged." tions stated that any person fai-had been sent to Ho, by her Ing to comply with any conditions husband. Imposed under Regulation 3 shall
INMATES TIED
should kill deceased.
All three accused gave evidence. Mr. Lo said that the only Luk stated that he was in Macao evidence against his client was when the robbery took place and that given by the boy who said was arrested when he was visit- that second accused was in the
be deemed to have contravened Ho Buk-tsan went to take the ing Chan Kal. Tam also denied room.
the provisions of that Regulation
parcel and was told by the man äving taken part in the robbery Mr. Hin-shing Lo submitted that and subject to be detained in po that he had a message for her. On and said he made a statement there was absolutely no evidence lice custody until an opportunity eccurs of returning him to his her opening the door Ho was push-confessing knowledge because he whatsoever to convict his client ed aside and the third accused was had been beaten and was threaten-for the crime apart from his own port of embarkation or to the country of which he is a national followed into the house by four ored. Third accused also made simi-statement.
five men. The inmates were tled, flar allegations, and alleged that gagged and put into a cubicle.
or of sending him to his destina- tion,
The Chief Justice then referred
correspondence to the
¿
ALLEGATION DENIED
Summing-up, his Lordship sald when he signed his statement it that the Crown's case was based Some of the robbers, Counsel was blank. said, were armed with revolvers the plaintif and the Hon. Mr. N. and others with knives. L. Smith.
between
mainly on the story given by the
boy who could not be said to be
The key Insp. Carey testified that he very intelligent. His story was full
to the safe was obtained from Ho was present when each of the ac- of discrepancies and one insolu- by threatening her and the robbers cused Was charged. Witness able problem was that while it was! DEFENCE ARGUMENTS · Look from it $70 Hongkong cur-denied that when making their he who gave information which Mr. d'Almada's" argument, went rency, and many pieces of jewel-statements Luk, and Tam were led to the arrest of third accused on his Lordship, fell conveniently lery and a tube of Government threatened, and also denied that he failed to identify him at the under two heads; that the Regu-oplum
he hit Yeung.
parade later.
lation was so radical, so drastie -On Nov. 6 Principal Chinese Det. After a retirement of about 201 After retiring for 65 minutes an invasion of the liberties of the Shek Tut went to a teahouse at minutes the jury returned an un-the jury returned a verdict as subjects that it could not be just!- Queen's Road Central and arrest-animous verdict of Not Guilty on stated.
fied unless the statute by virtue of led a man named Au Nam and, Chan Kal. An unanimous verdict The jury were exempted from which action purports to be taken acting on information given by of Oulity was returned in the case jury duty for 12 months... authorises auch invasion in the this man, Chan Kat, Luk Wing and of Lux Wing, while verdicts of 5-2
clearest and mcet unequivocal Yeung Bo were arrested at an ad-was returned in the cases of Tam terms; and that the Regulations dress at Yik Yam Street: On the Ying and Yenzig So.
NO DOG SHOW complained of cannot on any rea- same day Au Nam brought Det. Sentences on accused were post Dog lovers will regret to learn sonable construction be held to be Shek Tul to No. 203 Tal Yuen poned as there are other charges that, due to existing conditions reasonably necessary for any, of Street where Tam Ying was ar against them. Two other men, and inability to obtain a suitable the purposes for which under the rested and, there and then, Tam Au Nam, 20, and Wong Bing, 21.site. It has been decided not to Act Defence Regulations may be admitted having taken part in the had previously pleaded guilty to hold a Dog and Cat Ehow this made
robbery.
this charge.
year.
WEDNESDAY, JANUARY 22, 1941.-PAGE 5
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