IMPORTANT DECISION: commits such offence it in his own
fault.
Points Concerning the Oplum Ordinance.
Mr FA, Hazeland, at the Police Court to-day, în a caas in which Mr Lewis, of Mosers, John- son Stokes sad Master, prosecuted and Mr Shenton of Messrs. Den- con, Looker, Deacon and Harston defended, gave the following de-
"oision :-
The Defendant was charged before me with respect to the following three charges. Firstly that he unlawfully did have in his possession 325 taels of pre-
THE HONGKONG TELEGRAPH, FRIDAY, MARCH 7, 1918. -
THE FLOWER SHOW.
"Issued on the 20th day of the Splendid Display at the Botanic. 12th moon of the Ist year.
"(Chopped) The Tai Yau (Opium) Farm (in half chop.)".
I am satisfied that the 65 tins of opium which contain the 325 trele referred to in the charge are part of the 350 toe's mentioned in
it 5,
My finding is therefore in fav- our of Defendant with respect to the 1st charge,
Gardens.
The Aunurl Flower Show in onnnection with the Hongkong Horticultural Society was opened to-day at the Botanic Gardens. Last year the show was held or the piece of ground opposite the Hongkong Clab, but it did not prove the anccess contemplated. The non-success of the venture might, however, have been oc- casioned by the bad weather.
This year the entries num- ber 564 against 150 of last year. The increase in entries
I shall now deal with the 2ad charge. The evidence produced by the prosecution suggesting that the opium was going to certain prohibited port was that pared opium without a valid of Mr Bird, the Head Watchman is not in the vegetable classes certificate on the 4th January at the Tai Koo Docks. He heard but in the pot plint and out 1913 contrary to Section 36 of the word "Tean" which came flowers. In these classes not only Ordinance 23 of 1009. Secondly from outside the Time office. He has the number of exhibutors that he on the 4th January 1013 could not say if came from the increased but the quality of the unlawfully, did export or attempt Defendant or from an Indian to export 325 teels of prepared watchman. The steamer "Toa productions has also improved.
At an early hour Mr J, Barton opium from the Colony to a was at the Docks at the time of and Mr Green were busy judging country or place, to wit the Philip Defendant's arrest and was des the vegetables and Mr H. Hom pine Islande, which prohibits the tined for the Philippine Islands phries and Mr. F. Howell, import of prapared opium and which is a prohibited place. There pot plants and groups. The dross opium contrary to Section was also this further fact that at judging of the table decorations 30 of Ordinance 23 of 1909, the time the Defendant was or- was in the hands of Mrs. Tumes Thirdly that be on the 4th Jan- rested with opium in his posses and Mrs. Lecfe. Many ladies uary 1913 at the Tai Koo Decke sion Kam Luk, a carpenter em- in this Colony unlawfully did ployed at the Tai Koo Docks, who export or attempt to export 325 was a friend of the Defendant, taels of prepared opium toa was at that time working in the country or place to which it is Saw mill. It was also proved lawful without obtaining the per: that the "Tean" was alongside miston in writing of the Supor- the said Saw mill. The Delen intendent of Imports and Exports dant stated in the witness' box contrary to Sections 37 and 10 of that he went to the Docks to see Ordinance 23 of 1009,
Lam Luk.
The facts of the case are short- ly these. On the 4th January last at 8 p.m. the Defendant was found inside the gate of the Tai Koo Docks' carrying a basket. In the basket were found 65 tins of opium. On the said 4th Jan- uary there were at the Tai Koo Docks twelve merchant steamers also a Man-of-War of the United
#7
is
The evidence on this point: far too weak to justify me in find- ing as a fact that the opium whs going to the "Tesu,"
My finding is therefore in far- our of the Defendant with respect to the 2nd ebarge.
I shall now deal with the 3rd charge..
were busy this morning laying out the tea tables with most de lightful cat flowers, and it was
very
evident that, apart from the flowere, holders unique in design were to play a prominent part in
he decorations. Silver, ton, plentiful, and dexterous finge were busy producing the mental pictures obtaining in the minds of the Indies.
The show: is well laid out and
:
is
GL
WINFRED
LONDON
ArdathTobacceGFRIENTAN
VIRGINIA
"WINFRED CIGARETTES
REMARKABLE QUALITY, MODERATE PRICE $0.50 PER TIN OF 50.
KRUSE & CO.
Choa; 2, Mr Ho Kom Tong.
No: 22-3 pots Salvia:-1, Mrs | filing past of the Emirs and their
No. 23-3 pote of Orchids. !. Mrs Ha Thing
followings; there were 70 Einirs represented, and the bigger men made great efforts to appear_bet-. Livistonis chinensis).:-1, Sir went past first, mounted on a fine Nu. 24-3 pots of Fan Palmster than their neighbours. Kano Chater., Mra Jurdan.
white camel draped with gorgeous
than FanPulms.Sir P. Chater; at least 5,000 horsemen. Of the No 2-3 pots of Palms other trappings, and with a retinue of
2, Miss Wallace.
No. 20-3 pots of Nasturtium (Tall varieties)-1, Sir Paul Chater; 2, Mrs. Jordan.
DAIRY FARM NEWS.
Now then-Variety is the spice of life, and a change of diet is good for all of us. We provided-you with Sausage the finest in the land, now we have im orted for your consumption, DIRECT from LONDON. HADDOCKS, FILLETS.
KIPN
landed and in prime Condition. We have received from the NORTH
1,000
BRACE of THEASANTS, they are subject to your order.
WM. POWELL,
SOLE AGENTS
LTD.
Saxone Shoe Co., Ltd.
Fach Pair
Guaranteed.
BOOTS $11.00
SHOES $10.00
HIGH CLASS FOOTWEAR
PERFECT FITTING.
other Emirs, the Shehu of Bornu WM. POWELL, LIMITED.
was by far the most interesting, as his display was so unlike the reet, and unspoiled by the ad- vance of civilization. Ten led horses went past first, and then he followed, supported by 100 mounted men in chain mail arm- our and a large crowed of mount- ed spearmon. In all it is cal- calated that there were present
OUR BREAD
PERFECTION.
CAKES AND PASTRY
PAR EXCELLENCE.
in the procession 20,000 horse TIFFINS, DINNERS & REFRESHMENTS THE BEST. and 40,000 foot; they represont-
ed all parts of Northern, Nigeria ALEXANDRA CAFE CO.
No entries.
Plants in Pots-Peak Gardens only. No. 30-3 pots of Fan Palms from Lake Chad to Sokoto in the Livistonia chinensis)-No entries north and from Iloia to Yola in No. 31-3 pota of Palma other the south. It was a very fine than Fa Palma. No entries. 'n sight, and showed the loyalty of
No. 32-3 post of Nastur the Northern Nigeria naives.i tium:-1, Mr. Boavis; 2, Mr. Scott Harston.
the surroundings are in deleghi ful keeping with the nature of the exposition. The fountain Ho Kom Tong; 2, Mrs. Chos.
No. 7-3 Azaleas :-1, Mr, ebarmingly enclosed in palme.
No. 2-3 pots of Marguerite evergreens and delightful plant pots. On the lower level a band Chrysanthemum frutescens): stand and a refreshmentent have, Mrs. Jordan; 2, Mr. Ho Kom It was submitted on behalf of been arranged, and during the Tong. States, the Wilmington." All the prosecution that the intention two days over which the exhibi No. 20-3 pots of Arums :--- the merchant vessels were de of the Legislature was that tion will extend, the band of the stined to prohibited ports but the exportion of opium 25th Panjabis, under the baton not" to the game country was to be prohibited altogether. of Mr Newman, will discourse or port. Evidence was I was referred to Chapter IV Sec-music. adduced to the effect that the tion 1 of Maxwall which mention* | The cut flowers were magni-- "Wilmington" came to the Tai that it is the duty of the Judge to ficent and the task of the judges Koo Docks on or about the 12th make much construction to a Sta- in arriving at their decisions was August 1012 and could not poss-tute na shail suppress all evasions no easy one. In the vegetable ibly leave until about August for the continuance of the mischief. classes, too, the exhibits were next.
I was also referred to Chapter IX good and proved that much care Section 1 of Maxwell which refere and attention is paid to these pro- to the rule that where the lan-ducts by the exhibitora. guage of a Statute in its ordinary At five o'clock the prizes ware meaning and grammatical con- distributed by Lady May, and a at the Dooks with the intention struction leads to a manifest con- bouquet was presented to her of exporting it and that this was tradiotion of the apparent purpose ladyship.
"act preparatory" within the of the enactment or to some meaning of Section 2 of Ordin- inconvenience or absurdity, hard- ance 11 of 1910. I was not able ship or injustice presumably not to say to which ship the onium intended, a construction, may be was going to be taken to. I was put upon it which modifies the however satisfied that it was not meaning of the words and even being taken to the "Wilmington." the structure of the sentence.
It was admitted by the proseca tion that the opium, the subject matter of the case, was Opium Farmer's opium.
a
On the evidence I found as fact that the opium, the subject matter of the caso, was being conveyed to one of the shipalying
an
11
Prize List..
33.-3 pots of Marguerite.-1, Mrs Scott Haraton; 2, Mr. L.} Gibbs.
No. 34-6 pots of Annuale or plants mised from seel the same season-1; Mre 8 John; Mr Ede:
35-3 pota of Flowering plants,
Leefs; 2, Mrs St John,
To day's Advertisements
NORDDEUTSCHER LLOYD BREMEN IMBERIAL GERMAN MAIL LINE.
We give a portion of the prize other than anuale:-1, Hrs NOTICE TO CONSIGNEES. list below:-
No. 36.-3 pots of Gers-
Plants in Pots-Open to all Except Peak Gardens. Class No. 1.-6 pots of Annualuma-1, Mra Ede: 2, Mra or plants raised from seed the Bowley
THE Steamship.
TOROK,"
baring arrival, Consignees of Cargo are No.37-3 pots of Cactus Dah-bereby informed that their Goods, with
LANE, CRAWFORD & CO.
SOLE AGENTS FOR
'WALK-OVER" BOOTS AND, ¦¦
SHOES
$10.00 TO $12.50 PER PAIR.
same reason:-(1), Mr W. Hoglas-1, Mrs Stabb; 2, Mrs Hoaxception of Opiuro, Tresare and LANE, CRAWFORD & CO.
It was submitted by the pro- secution that I should interpolate garth; 2, Mr Ho Kom Tong. the words "or at all" in the 3rd line of Section 37 between the
and "except." some words
With respect to the expression (2)), under which the Defendant "intention of the Legislature
oharged, is as follows. this does not dennte what the
I shall now deal with the first oharge. The Section (Section 35
ja
LG
Tung
No. 2-3 pots of Flowering No.38.-3 pots of Dalilias other plante other than annuala:-1, than actus-1, Mrs Ho Tung: Mr Ho Kam Tong; 2, Mrs Chos.
No. 3.-3 pots of Roses:1, ir Mm St. John." Paul Chater.
,.
Valuables, are being landed and stored
their risk into the hazardous and/or hazardous Godowns of the Hong-
hong and Bowloon Wharf and Godown
No.39.-3 pots of Verbenas Company, Limited, Kowloon, and *West Point Gadowas, whencë delivery
may be obtained.
2.
No:4,-3 pots of Freesia :-1,
1,
Mr Armstrong: 2, Mra Ho Tung
1,
Milo Tung; 2, Mr Wilkinson.
"No person except the Opium Legislature meant but what its Hon Mr C. H. Iloss; 2, Sir Paul Farmer, his licensees, and per-language means. This is what Chater. sons duly authorized by hin Maxwell on p. 7 says on the sub-
No. 6.-3 pots of Geraniums: --"
in writing, shall have in his pos- ject. "When the words admit of 1, Mrs Jordan; 2, Sir Paul Chater ession within the Colony any prepared opium without baving a
valid certificate under Section 39" of this Ordinance.
"
"
one meaning a Court is not a liberly to speculate on the
intention of the Legislature and
No. 6-3 pots Cactus Dahlias.: 1, Mrs Choa; 2, Mra Jordan,
No. 7-3 pots Dahlias, other
Nicol; 2, Mr. Ho Kom Tong.
No. 11.3 pots of Pansies:- 1, Sir P. Chater; 2, Mrs. Ho Tung, No.12-3 pote Violas:-1, Mr. what No. 13-3 pots Violets:-2, Mr. Bo Kom Fong Tong.
No. 14-3 pots Mignonette:
No. 10.3 path of Mignonette:--
Optional Cargo will be forwarded on
anies intimation is received from the
No. 41-3 pots of Freesia:-1,Consignees before non to-day request-
Mra Ho Tung; 2, Mr Bowley.
No. 42. pots of farcissus Tazells: No entries.
No. 43-3-pots of Heliotrope
81,
ing it to be landed here.
"No claims will be admitted after the Goods have left the Golowns, and all goods remaining nodelivered after the
All bruken, ebsfad, and damaged 18th of Mar; will be subject, to rents, Joha
Goods are, to be left in the Godowns, No. 44.-3 pots of Ferne, dihem they will be examined on the tinct varieties:No entries 18th of May, at 9.80
No. 45-3 pots of French or A'I claims must reach us before the Africa Marigolds -1, Mms. Ho 27th of Man, 1918, or they will not be
recognized. Tung; 2, Mr. Bowley,
No. 16-3 pots of Pot Mari golds (Calendula officinalis).:-), Mrs Sefe; Mr Bowley,
"to construe them according to than Cactus.1, Mr Ho Kom, Mrs. Ho Tung; 2, Mr. The sole scope and object of "ite own notions of what ought Tong; 2. Hon. Mr O. H. Rose,
to have been enacted. Nothing mondi, Sir Paul Chater; 2, No. 8-3 pote Phlox Drum- this Section is to protect the
"could be more
dangeroun Opium Farmer in this monoply. I am therefore of opinion that a "than to make such consider Mr Ho Kom Tong.
"ation the ground of constru- No. 9.-3 pots Carnations and person cannot be convicted under! the Section if he is in posses- ing an onactment that is or Picoteen 1, Sir P. Chater; sion of Opium Farmer's opium Dasmbiguous in itself. To de-2, Mr. Ho Korn Tong.
No. 10-3 pots of Dianthus, even if he does not possess o "part from the meaning on no-1 cortificate under Section 35. The count of such views is in truth other varieties exclading Carna words of a Statute are to be an not to construe the Act but to tion and Picotee:-1, Mr. A derstood in the souse in which alter it. But the business of they best harmonize with the eub-" the interpreter is not to improve "the Statute; it is to expand it. ject of the enactment and the object which the Legislature bas "The question for him is not in view (see Maxwell on Statute "what the Legislature meant but W. Hoggarth.
"what ite language means; P. 74.)
Although the Defendant did!" it has said it meant,'
On page 6 Maxwell also gives not have a certificate under Sec- tion 35, the defence however put the views of cartain eminent 1. Sir P. Chator; 2, Mrs. Ho in a printed document (Exhibit Judges on this point. In Nizon
No. 15.-3 pole of Nasturtium 5) issued by the Opium Farmer v. Phillips, 7 Ex. 192 Parke B. with respect to this opium Ex-said. "It may have been an over- (dwarf varieties)-1, Mrs. Choa; hibit 5 is in Chinese and the fol- "sight in the framers of the Act 2, SirP. Chater.
"but we must construe it accor- No. 16.-3 pots of Narcissus lowing is a translation :---
"The Tai Yau Company(Opium “ding to its plain and obvious Tazette-1, Mr. Ho Kom Tong;
2, Sir P. Chater. Farm)
"meaning.
No 17.3 pots of Ferns, ex Ia R. v. Barham 8 B & C. 99} "This certificate is not transfer-Lord Tenterden stated, "Our clading Maiden Hair Forma-1 able.
**decision may in this particular Miss Wallace; 2. Mrs Ho Tung "Under Section No. 39 of "case operate to defeat the object No. 18.3 pots of Maiden Hair Ordinance No. 23 of 1009, 350 of the Act; but it is better to Forns:-1, Mrs Ho Tang; 2, Mrs taels of prepared opium (packed) “abide by this consequence than Braidwood in Californis brand have this day" to put upon it a constraction No. 19.3 pots of Chrysan heen sold to Hi Ki of Taumati, "not warranted by the words of themum :--No entries, Kowloon, to be for self use and the Act, in order to give effect not to be taken on heard any "to what we may suppose to have steamer for smuggling to any (Continued on page 10): opium prohibited port. It he
"No. 2046 a.
91.
Tang,
No. 20,3 pots of Primula
1, Mra Ho Tong; 2, Mrs Chox, No. 21-8 pots of Paseny: Hồ Ho Kom Rong
No Fire Inanmore will be effected. Bills of Lading will Le countersigned. by the tlodenizard, S
NORDDEUTSCHER LLOTD.
MELCHERS & ̈00,, -
General Ageria.
shar
-r241
No. 47-3 pots of. Aram.:-1, Mr. Bowley; 2, Mrs Stabb, Plants in pots-Open to all who do not Employ a Gardener. No.483 pols of animals or Plants raised from seed the e season-1, Me W. Hoggarth
SIR FREDERICK LUGARD.
Northern Nigeria's Durbar The Times" has receir ed from a correspondent at Kano, Northern Nigeria, the following LADIES & CHILDREN'S
WEAR. description of the Durbar which
No, 1 & 8. D'Aguilar Street. was held there by Sir Frederick Lugard on New Year's Day? Sir Frederick Lugard, the first
CLUB DE RECREIO, Governor and Commander-in- Chief of the United Provinces, SATHAN ROAD, KOWLOON. arrived-ai Kaño by train at 4 p.m. on December 31 Now THE Commitice and memts of Year's Day opened with a parado
TO LET. ERVICE TO LET:—One or two din cânt în già o ntral locality ve In med file pónion. Apply to:-
«Feta dareef Hongkong Telegraph' Honakor g, th.Mar., 101827 FH(249 OSMAN CASUM.
MILLINERS
& DRAPERS
the dub Begrējo and Fatonde of
meet members of the Hongkong Com- of live kroops, there being 800 the Rey Father Speds will be Glad to on parade, including 200 m dat maalty at the abire menil ined Club for ed infanuy, who looked very the purpose of presenting a Farewell smart, just like Indian Native Address the Fer. Father G. M Camry and galloped y past in a Grads on Funday, 9th March at 8 mega beesit line, Next came the pare
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Its world-wide popularity is due mature ripeness, soft refinement, exquisite flavour.
One of the principal brands
THE ISTILLERS
Lajun Berwich Whiskey
COMPANY
Capital imployed Enddiars in the World, Donal arst Lemon EDINBURGH SCOTLAND,
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