PHOTOGRAPHING
German Clerk Fined $roo
THE HONGKONG
THE BANK NOTE CASE
Cashier in the Canton Treasury
Gives Evidence. -----
pose of wrongfully obtaining FORTIFICATIONS. information." It is also necessary that I should give a construo tion with respect to the word "fortification" in Section 2: The decision in the case in The Section contains these words. which Karl Boetiner, a native of fication."" Battery" means
battery, field work or forti Germany, was charged with photo certain specific battery Fort graphing fortifications in Hong-fication means a certain site on kong, was given at the Police which are to be found forts. 1 Court, by Mr., F.A. Hazeland, give the example of a bill or an Buicha Furukawa, Shikukshi It The persons charged are as follows:
inland which is fortified Iotsuyani, Keiko Nagao, Kiyoto
to-day
Tho
a
The trial of seven Japanese Tuesday by the Chief Justice St for conspiracy was continued on William Rees Davies, K.O., niting in Criminal Jurisdiction,
shall now refer to the two Nishiyamo, Fukugo-Sano, Ki defendant was charged photographs. The photograph Kakazawa, and Takao Tonobe, me under the Defences containing a view of Upper alias Ryco Tanabe, and they were
Con Prevention) Ordinan-Beloher's Battery (Exhibit 5), isobarged tust, on June 20, 1912,
LEGRAPH. TUESDAY, MARCH 25, 1918.
AURIA)
LONDON
CIOARE
WINFRED
De, 1895. There were four charges, a photograph of a portion of and on divers dates up to Decem- Two charges were under Section Hongkong Harbour with the bor 23, they did conspire to 2. One was... for making whole of the island of Chung Hue obtain and acquire for persons, #photograph of a Battery and the hills of the mainland in who would be induced to pur- known as Upper Belcher's and the distance. In the forground chase or accept certain false and the other was for making is to be found a view of forged current money notes, for photograph of a Battery known Upper Belcher's Battery: The $5 each, purporting to be issued an Mount Davis. The other two defendant elected charges were under Section 4 into the witness-bor. His evid Kwangtung, large sums of money, to go by the military government of with being in possession of once with respect to Exhibit 6 photographic material.or apparais as follows When I took
Prisoners plead not guilty. tas with the intention of contra-Exhibit 5 I had no ides I was special jury-Mesere. Alexander: The following comprise thei vening, the provisions of Section doing anything Tought not too McKenzie (foreman), Ellis Ka 2. Inthe first of there charges I took it because of the Ilir doorie, M.. 8. Sassoon, E. H.......... under Seation & the defendant labour, I did not know that Thiel, W. & Brown, 8. H. Dod charged with having been in the Upper Holoher's was in cluded in well and T. F. Hough. vioinily of a Battery known as the negative: I took it because Upper Belcher's and in the second it was a view of the Harbour."
Uo
a
The Cost of Notes. Tam UShek, a cashier in the
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of these charges with having been This is what Major Tollooh stated | Canton Trensary, gave evidence in the vicinity of a Battery known in his evidence on this point to the fact that no order was plac aa Mogna Davis. I am of opinion in obvious that with respect led in Japan by the Chinese Go that a charge under Section 4to Exhibit 6 defendant must vernment for the supply of notes, can only be preferred where have known that he was taking For the issue of two million of five no photographs have been taken, fort." I have visited and dollars notes of genuine issue the Photographs were taken by the stood defendant of both Upper Belcher's from
the exact spot cost was $23,000.. and Mount Davis. I therefore taken. I am of opinion that the-Now these notes which were
where Exhibit 5 was] Mr. Alabaster, cross-examining: NEW enter a verdict of not guilty with defendant, while taking Exhibit printed in Shanghai, they were respect to the two charges under 5 must have known that he was ordered before there was a change Section 4. On Sunday, the 20th taking a fort,
FRIDAY & January last, at about 10.20 am, opinion that from where the
I am also of in the governments 7-Yes. the defendant was arrested on the defendant was standing" when names of the old Governor- And that is why they have the Pokfulam Road by a Sepoy of he took Exhibit 5 and if General snd the old Minister of the Royal Artillery--Hongkong he intended (which I think Finance ?-Yes. and Singapore Battalion. Défend he must have intended) to take ant was in possession of a camera view of the whole of the Island of were ordered from Shanghai de- When were those notes, which and of certain photographia Chung Hue, and also that & por livered before or after she plates. Two of these plates when tion of the Island of Hongkong change? The first lot of notes developed proved, one to be a was to be shown in the fore came in March and they continu- photograph of Mount Davia and the other a photograph on which
ground, it
impossible ally came until September. was shown Upper Belcher's noh a photograph without in in the two high officials and some in my opinion to take Some came before the change. Battery. Mr Shenton, solicitor for cluding a view of Upper Belcher's after 7-Yes the defendant, admitted that these Battery in such photograph, two photographs were taken by With respect to the photograph there had been this change, those But, nevertheless, although the defendant on the 28th Jan- of Mount Davis (Exhibit 4) this which came after the changs uary last. The first-point-i-pro-is what the defendant said on the were chopped with the names of pose to deal with is whether subject: "I took this photograph the old officials instead of the mana red is an essential element because it makes a pretty names of the new officials?- in constituting a breach of picture. It did not know You for the this Ordinaboo. I am of there were fortifications on this opinion it is not. The leading hill" In the foreground of Ex- case with respect to this very hibit 4 are certain trees. These difficult and troublesome question trees have obviously been in Is the case of Sherres v. de Rafzen oluded in the picture in order. ...... (1895) 1 Q.B. 018. The judgment to make such
such pieture more ar-
+
waa
of Wright in this case tistic, I am satisfied on the
:
but issued in Canion?-When They were printed in Shanghai the whole lat had been made we issued them bearing the old
names.
No Difficulty at All ... Witness was elio oross examin. ed by Mr, Jonkin
་
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cause if you had suddenly started Was not the reason of that, be- ia as follows" There is evidence that the defendant did putting on the new names people
• presumption that smete to not know —that is, an evil intention fortifications on Mount Davis. was better to keep the old names there
were. By might not have taken them. It or a knowledge of the wrongful. The defendant as I have already on I don't want to answer it; ness of the act is an essential stated, elected to go into the I don't know it. In fact all these ingredient in every offence, but witness box is demeanour notes were inore and the same lot. that presumption is liable to be while giving evidence was of the displaced either by the words of very best and created a favoura the statute or by the subject ble impression on my mind. I matter with which it deals
a patisfied that these photgraphs: and both munt becom aidered." The learned judge in spying purposes. On this point the old government would like to Mr. Jenkin Since you have were not taken--by him for
been in office you have heard that his fudgment - then gives the I do not entertain the title of a rulo (1) Cases not criminal in men labour this point; as Mr. Have you heard since you have know of following three exceptions to the doubt, It is not necessary for get back into power Idon't There was no man in Canton any real sense but which in the Hodgson, Crown Solicitor, stated
bearing that name-Not that I public interests are prohibited to the Court that the profeon at all, in China, would like to Minister of Finance, in the head under a penalty (2) Publio tion: did not suggest for a
been in office that any other party Was there such a man acting nuisances. (3) Oasen...... orimi
moment that these photo- got back into power besides your office of the Republico in Peking 3 nal inform but which are really a summary mode of anfore- graphs were taken for spying There might be rumours but if that name holding that office in selves, who are now in power? There was no such person of ing a civil right. If we turn to рагрозев. Ile also stated that I have incis on which I cannot Peking, Section 2 we find these words, solely because the defendant had role I don't believe them, - Evidence was given by Ma... It shall not be lawful for any contravened the Ordinance by If by any obance the Old Im P. O'Bashi, the Court interpreter, person whether a British subject taking photographs of forts in Forial Gover, ment or a second as to the translation of various or an alien to make any sketch; this. Colony, There is another revolutionary party put you out documents found in the possession Hongkong 26th Ma etc." I am of opinion that the point which I must refer to Cer of office they would have to finance of the various prisoners. insertion of the words "British”
themselves with your own noles?
this prosecution was instituted
ing the course of the trial as to
know
subject" showed that the intona vicence was produced dur--I don't think there will be tion of the Legislature was that it whether these photographs might another revolution
You have had some trouble In
was not necessary for the pro
prose- or might not be useful to an ene Canton with the finances since
cution to prove that there my This question in my opin
the
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be a guilty mind am also of ion is not relevant with respect you have come into power, have opinion that a prosecution under to a prosecution under the Ordis you not ?--I don't feel any diff-Week the concert which was to be 4 months from May. Apply C. H. This Ordinance comes within 1 first of the three exceptions many fendant in the two charges under In point of fat you don't know; adjourned initil last night, The
nance. I propose to convict the de culty at all.
A held at. Str Patrick's Club, was Gale. tioned by Wright J; in Sherrea Section 2: Taking all the circum. You cannot say that no order for half was well filled when the ✦ de Ratzen Prosecutions
stances of the case into con I know that there was not lf and song was commenced and the Ordinance”.
notes was not placed in Japan? capital programme of ; munic are no sideration I am of opinion that in any rest sense.. justice will be satisfied by my in there was, it should be on the among those present were Bishop ge of the position of any dicting a penalty of $100 records and I should know it. Pozzmi, Colonel Rateliffe, Major ication in this Colony therefore order the defendant to
When you were before the Bowen, Captain Munn, RAM.C.. useful to an indicial to the
pay
fine of $100 I further magistrale you were not so cer Colonel Laing, A.P.D. and Lieut.
tain about there having been an Webbar. Mada order that the two photographer notes eat to Japan, were Thanks to the antiring efforte- and the photographic plates the subject matter of the prosecution Japan; I dan
you?—Noorder was sent to of Mrs Limb, who organised FOR KUDAT AND SANDABAN bs forfeited to the Crown,
I can say so for carlain the concert,
50 for
and the willing Taking Cargo at through "tates is i for the were in was a very successful Menado, and Jesselton, 06 at prosent in force photograph plates as well as the Yen one and the large audience was
the sketching or photos to be confiscated. Since China became a republic, appreciative of the cap
HE Stemmahig of fortsato Mr Shonton, who defended, said have you heard the name of Choy cial Secreta he had no objection. The rest of Awal Tou as scting minister for Goo V28), the property, the camera eto, he Trance No, I have not heard
Official supposed would be given back to of such a name,
interests of the State rda as calculated to be
o an enemy
have taken from
the safety or interest Mr. Hodgson you nex In The Police Coursasaistance of the artistes, the Tamao, Lahad Datu, Labuan, Jolo,
the defendant.
rship granted pur Bodgeon'a regnout.
of the voluntary.
efforts
Amon istance were Mess Turner B Daring 1912 was there a man Dawsey Raynol eeting Minister o of Finance called Lemb, Mi Souroter, Mis: Jordan They Teal Tun ?-No
Land Mine B. BowO
BORNED.
Sembil, (ready to lead Mon-
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