The Cocaine CASE.
The Corcliding Speeches,
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THE HONGKONG TELEGRAPH, TUESDAY, SEPTEMBER -16. 1913.
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gested that the workmen were rendered liable as being the per- eone having in their possession- Mr. Goldring: Iadmit all that; oy law is "in the course of their employment" and in every cast that my friend has quoted they have acted in the scope of their employment.
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contained. He knew the Po Hang master's absence, procured a per- Firm as a firm dealing in dry mit to cover some smuggled to grods. I don't know whether bacco coacouled in a vellar and in cocaine ormes under the heading that case the master was liable. of dry goods. Lastly, I called the It was tried before the Lord Chief At the Pull Court yesterday (flice boy and I submit very Baron and six judges and, as for before MrGeiry Norman Orme, strongly that he was an excep- as I know, that are holde good the hearing of the charges of tionally good witness. He was throughout. The Lord Chief unlawful po soseion of cocaine subjected to a very strong and Baron held that whatever a and morphine, against Mr. G. L. rigid orons examination and broke ses vint did in the course of his MEIRION, No. 10, Peak, TO LET.-Modern three room-
furnished or unfurnished.. Duncan of the firm of McEwen, down in no joint that I can see at employ, or which was entrusted 6 Rooms. Cheap Rental. Frickel and Co, was resumed. all. Teannot see that the office boy to him by his moster, must be Mr F. M. Hodgson, Orown broke down in any one point. He taken to be nate of the master, Solicitor, prosecuted ond Mr P. W. was in a very difficult position and it was only so that the Goldring, of Messrs Goldring end for he had to be in the witore revenue law would be sufficient. Russ. defended.
box and say 1 betrayed my It would not be so if it were not Mr Goldring, continuing his master" When he was asked if held that the master was liable he thought bis master would give for the acts of the servant in the prech for the defence said :-
I come to the evidence for the hire the sack, he said that the use of such employment.. Mr.
No.1 Gough Hill, No. 103 Peak. Shop with Godown attached, deferch Your Worship had Mr matter was on the knees of the Justice Bailey held that if it is Bungalow containing drawing. Nathan Road, Kowloon. Duncan in the x and I submit God. That was a point on within the scope of probable dining and smoking rooms and
Apply to that although he was submited which he might have filed buthority, the master is linble, five bedrooms. With ground for to a very hard and rigid cross-hat newer write him down but probable anthority must be Tennis-Court
No. 116 Peak "LEWKNOE" examination he was not shaken in Hy memory as an absolutely considered to be given by the
straight witnesa. There is one mister to the servant for the Furnished. any way'at all.
other font which I should like He gave a strughtforward ac.
purpose of carrying on his rooms.
FOR SALE-HARTING and to make. I should like to more businesa. count of his movements during
Your Worship at ROGATE, on part of Kowloon In thut period. It is in evidence or less make an apology to your find in this case that the office and Lot No. 1154. that there have been no dralige Worship At the time made boy had authority from Mr in o caine. The licentes had been my op ning statement I had not Duncan to repack cocaine and stopped and the others had +x-taken all my proofs. I said at store coesine on the premises. pired. The stoppage of that was the time that surg Kum-tong.
Justice Bailey goes on to any wing to the fact that all cocaine was in the imploy of the Cantor that the whole attendant evidence licenses had been stopped and not compradore. That was not borne must show it to be that a servant. owing to any fault of Mesas Mut by the evider co...I had caly of a fraudulent maatar attempted Laken” Mr Duncan's proof at the to conce I bis paster's ‹ Fence and Ewen, Frickel and Co. If your Worship will go over our evid-time, but I leave it entirely in to avert the consequences... Your ence you will find that there is your Worship's hands. We ua Worship bas to find that Mr nút a point upon which we are not derstood he was a broker.it ap- luncan was a fraudulent master egreed. Our story is one which rent that he was nothing more employing his servant to conceal is clearly what past have taken than a friend; not an absolute em- bis inarter's acle. That way place on this occasion and what ployee. I live gone through the followed by the other judges and was likely to have taken ce idence birfly and I have only they had to find that the master picts that I wish had full knowledge, and they owing to the fuel that provicusly just one or two the whole of the Canton compra-impia upon your Worship, found that the only reason for dore's staff, all of them, kew submitan de evidence, first of finding the master liable was that about the cocaine business when all that your Worship cannot be had full knowledge bat the Messrs. McEwen, Frickel and Co. possibly find that Mr Darcan gods were on the premises with. dealt in it." They were the people knew ar ything about it; secondly out a permit. The only point that what that we are really concerned with who knew the details when they you cannot find had the business and the chances was done was done by any is, if your Worship can find that are that Mr Duncan knew pre-person the employ of Duncan had full knowledge that present. Justice Brett in the cions little of what went on. 1 Measra McEwen, Frickel and Co. the goods were upon the premises, case of Rex v. Prince states that by called the manager of the Ham in the course of their em, loyment then your Worship can find Mr virine of this statute, the person burg-Amerika Linie and I proved Upon that the law practically Duncan guilty. Out of all the may be convicted without the that there could not be any pos- turns. Thirdly, I am asking your casos, that is the only one which knowledge absolutely necessary sible suggestion that these bills of Worship to take the evidence for goes any length on the question to constitate mens rea. In Hobbs lading were forgeries. I proved the defence and to find-I don't of the liability for the acts of the v. the Mayor of Winchester, from the Queen's Bench, the Court had in a way that cannot be disbel-say by verb finding but to servant.
The other cases are the Com.to determine the true meaning of ieved that the goods were con- find in fact that Mr Duncan was signed to the Po Hang Company a victim of these Chine. Imissioner of Police v. Cartron the effect of the Public Health of Canton and that a man named rems to me if we could have got 1836, 1 King's Bench, Pago 655. Act of 1875. The object of the Leung Kum-tong signal for them, boll of Leung Kum-tong he was Bond and Evans, 1888, 21 Queen's section is to prevent danger to the That evidence is absolutely in-the person who should have stood Bench, and Coppin v. Moore. 1 Public Health by selling antic- controvertible and there can be no in the place of Mr Duncan-that think, your Worship, if you hold les unit for food of man, and possible doubt that the Po Hang Mr Duncan's knowledge of the that they were acting without the they raised the question of an Company had these goods core, and of the action of bis em- scope of their employment or that offence under section 117 us to signed to them through Leung ployees outside of the scope of the master did not know what selling meat for human consump- Kum-tong and possibly through their employment, renders him they were doing, your Worship tion, and whether you must the Canton compradore. We don't absolutely not liable on either of cannot hold Mr Duncan guilty of prove that the butcher knew it the charges brought against him. the offence and I therefore ask was unfit. "With great respect to know, but at any rate consiguin addition to that, on the evid-your Worship to, discharge their. Avory, I am unable to to an optician of doubtful ability | ments of the goods were coming
appreciate his contention that they to through, We have it also in evi ence which is before your Wor- defendant. dence that things were in a serious ship, your Worship maat find that Mr Hodgson: Before I deal must have mens rau, or he must condition in Canton and godown the goods were delivered after or with the facts in this case I may have guilty knowledge. la my room was absolutely at a premium dinary business hours. I lay just as well meet my friend on opinion the offence was complete both here, and Canton on the some stress on that, as therefore the points of law as they will be when the unsound meat was expo- Shameen at any rate. What could it net have ten a Chinese freeher in your mind than after I sed for sale and sold." Similarly, be more natural than that Lang syndicate operating behind Mr have deals with the facts. Then this case, the offence was Kum-tong should go to the Can Duncan's back. I don't say question of waster and servant complete immediately these goods ton compradore, knowing that he foreshadowed that, but that is in this case, I submit, does not sometimes, for good friends, stored one of the other conclusions that come into the picture at all. We defendant. The case goes on, I do not think it is only some cases of goods in the office? ask your Worship to make. are not trying hero an offence of Why should he not have done There is no evidence to the con- a servant bringing these goods necessary for the butcher to say Note: this on this cccasion? I submit, stary; in fact all the evidence is illegally into the office; what we did not know, or the man did that is exactly what he did. Leangin favour of that, and the Crown aro trying is an ffence under not know, and having no know- Kum-tong who has unfortunately have called norobutting evidence statute of this Colony, of being ledge could not have ascertained gone, was one of the witnesses I The onus is on us but I submit on in possession of certain goods or the meat was unsound." Justice was instructed to call. Fung Lai- the evidence I have given to your having in your possession, custody Stephens, in Dundy v. Lecocq, in tung has also gone and my bands Worship Mr Duncan cannot be or power, certain goods without a case under the Licensing Act of authority, withons, permitor 1875, in which a publican is bave been tied by their absence, found to be liable in this case. Bad I had them, the whole thing I must deal with the law and, rather not without permit be charged with selling liquor to a would bave been over, but, as unfortunately, owing to the discause you cannot have a permit, drunken person where it was said usual with Chinese, they have tance from the Supreme Court, but being illegally in possession, he did not know and his assistant District of Kowloon, and Supplies Queen's Road, Central: The Old Supreme Court. Telephone 1450
was ús dally with the Choicest oleared out. Two Hongkong peo-and the smallness of my own custody or power of these goode; did not know. the man
offence. The drunk, said, "I am of opinion this VEGETABLES; BOOS, and pla and one Canton haye gone. library, I cannot bring all the text and it is an
ORDER YOUR CAR AT ONC! We don't say that Leung Kum-books, but if your Worship has moment these goode are in that decision must be confirmed POULTRY. tong was an employee. We say any doubt, your Worship can office the offence begins, and the because it is a statuts offence. he was a friend or a broker en-easily refer to them. It is laid servant or whoever may have Whether a licensed person knows SUPERVISION and every atten- gaged by the Canton compradore. down in Bowstead cu Agency in brought them-if a servant did or has the means of knowing a tion is paid to the PROPER He was not known to Mr. Duncan the last paragraph that, with indeed bring them in ceased to person is drank or the offence GROWING OF VEGETABLES, but woe i friend of Leung certain exceptions which I shall be liable in any shape or form is complete without the know- and the Poultry of EUROPEAN Lai-ting, the Canton compradore, come to later, the master is not under that statute. I next called the Hongkong responsible for the acts of the Mr Goldring: No provisions compradoro and I think your eervant outside the scope of his to that effect, Worship should be satisfied that employment. Also, your Wor- Mr Hodgson: The offence in he knew absolutely nothing about ship, in Lord Halsbury's Laws of having them in your possession. it. That is my omntention. His England vol. 1. page 218, and Now, apart from the question of Latest additions to Circulating evidence was given quite straight-vol. 20, page 258, except in the whether we know they are illicit forwardly. Be wes really in the case of a nuisance and in cases goods or not, I submit that you position:"I really don't know where the liability is applied by are equally liable under that Or
were .in the office of the
ledge."
Then there is the case of Mallin- son v. Carr where it was aug
(Continued on Page 8.)
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By Maurice Leblanc,
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By G. B. Burgin, The Wooings of Jezebel Pettyfer, By Haldane Macfall.
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and I don't care. It has nothing Statute to the matter, the master dinance, which I submit is some The Crystal Stopper, to do with me." The next witness is not liable criminally for the what drastic, but necessarily was the Canton compradore and acts of his fervante or agents. I drastic in this Colony. I think Ducks & Drakes, he suffered unfortunately from a don't know whether my friend the authorities clearly state that very painful impediment in his will dispute that, but that is broad-view which I am going shortly to Averno. By Bertram Mitford. Carnacki, By W. H. Hodgson. speech and I felt that possibly by the law, subject to certain cases refer your Worship to. If your Margaret Dent, the impression he created could which have been from time to time Worship will refer to Craies Sta- not have been a good one. There decided. There are a number of tute Law, second edition, a simi- was no question about it; the man cases which I have religiously and lar case to that occurred. Under was very nervous and stuttered. carefully gone through and it the heading Effect of Penal Sta- Otherwise his evidence was given crews to me that against that de- tates-it is the statute in this very clearly, and whether your cision there is only one which Colony and is a penal stolute, Worship thinke or not that he could be possibly used in antago- and I would refer your Worship was in complicity with Leong niam to the case and that is the to Kum-tong ever the goods, has case of the Attorney General v. they deal with he nothing to do with Mr. Duncan, Siddon which is reported in question of mens rea, as to whe can be liable under Personally, I omasking your Wor- Law Journal Exchequer page 7. ther a man can ship to find he does not know And also in 1 Tyrrell pago 41, the Fonal Sintute for an offence He may have suspected but This was a case in which the serorented under that statule unless he did not know what the goods rant of a tobacconist, during his he knew that the illegality was
~ 468, 450, 470 and 471
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