THE TRAMWAY CASE.
Judgment for Plaintiff for $ago and Costs.
THE HONGKONG TELEGRAPH, TUESDAY, NOVEMBER 17, 1914,
a man in onstody of a constable over to the police." A for a supposed offence points out Chinese translation is al DAIRY FARM NEWS
Another as the real offender, but so -printed with the does not direct the countable to same instructions and appears on take him into custody is not lia- the opposite page. Having re ble in trespass if the constable gard to the wording of the does illegally take him into inetraction, there is authority in oustody.
plain and anmistakeable language At the Summary Court, this In Danby v Beardsley 43 L.T. to arrest. The defence set up morning, Mr. Jastice Hazeland, P. 603 it was held that there was this fact, that notwithstanding Puisne Judge, gave his judgment no evidence that the defendant the evidence of this printed the Company's in the case in which 3. 8. Chal was instrumental in putting the instruction mers, a surveyor in the Pablie criminal law in force and there servants had been instructed Works--Department, aned the fore he was not the prosecutor verbally that they were never to Hongkong Tramway Co., Ltd, and not liable in an notion for effect an arrest. The evidence
on this point is as follows:- for damages for alleged wrong! false imprisonment
Now what is the evidence on J. J. Stodart Kennedy, the imprisonment. The claim was
this point? for $1,000.
said: The plaintiff states as follows: pany, sales & follows:-They
· His will first express my
When we got to the post have no authority whatever to Views with respect to the witnesses office the tram inspector, Osplata order the passenger's arrest in the called on the question whether Spink one or perhaps the two event of the address being refased the plaintiff did or did not ex-policemen alighted from the car. to the policeman. The wir la Then the tram inspector gave me "handed over to the police": hibit the right ticket.
in charge with the police. I asked in page 18 mean that he must the police to be allowed to go to hand him over to a the tramway office and he the mз
Lordship
John Sullivan Chalmers (plain tiff). This witness' demeanour in the witness, box was of the very best. It created a most favourable impression in my mind.
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to the police station. Then It means what I have already MILITARY COMMISSIONS. Gabriel John Srink. This we entered the charge room, stated. He threw the responsibi- witness' evidence was taken by The tramway inspector asked the lity on the policeman. There is me de bene esec. His demesrour inspec. or that I should be charged, no power in our bye-laws to hand was excellent and it created a very favourable impression on my mind.
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The attention of all ranke is called to paragraphs 3 and 4 in. orders dated 13th October, 1914, which are sa follows:-
"3. Written applications for leave of absence from Parades must be forwarded to Company Commanders, who will only grant such leave for sufficient reasons. In case of sickness, a medioal certificate must be obtained from one of the Volunteer Corps Medi- eal Officers."
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Corpe orders issued to day by examination the over to the police. The word
The General Officer Command-Lieut. Col. A. Chapman, V.D., wita030 stated as follows:-"bye-law" on page 18 is a mie-ing, South China Command, atata
After leaving the car I naked statement. By "eeize and detain" wishes it to be made known that Leave, Gunner E. F. G. This witness' demeanour in the office. It was then that I heard be detained until a policeman is for candidates from the Colony absence from 17:11:14 to 16.11.15 Every Gentleman should wear Underwear bearing this Trade
Ip Cheung, (Ticket Inspector): permission to go to the company's meant that the passenger was to the Army Council are now calling Orchard is granted leave of Witness box was of the very worst, the ticket inspector tell the seen. My intention was that they for temporary commissions as It reated a most unfavourable policeman to take me in charge.were not to "size" a passenger. Captains and Lieutenants in the morrow Wednesday 18th instant, It is Guaranteed Unshrinkable, Durable. & Comfortable and gives
do not remember the exact These instructions which I have New Service Battalions now being Nil. ⠀⠀ impression on my mind. He was words. The words were to the given are known to all of our inspec. raised in Great Britain. Pre- moreover aggressive and over-
effect that I was to be taken to tors The instructions on page ference will be given to geatle bearing-
the police station and given in 18 are misleading. The inspec- men Jesse Ashton Young. In my
previous military charge."
tors are instructed that they have experience. Candidates should be Lal Singh's evidenos is as no power to arrest. I did not not less than 25 nor over 40 years opinion this witness momory failed him as to what the plain follows: The Chinese inspector personally instruct Ip Cheung. I of age and must be certified as tiff told him with respect to what happened to the ticket. It is on the plaintiff refusing to give have no doubt they all know medically fit. Free passages will impossible to think that the bis name and address asked me these instructions. The words be granted to and from the United to lake the plaintiff to the police "to charge "on page 25 mean to Kingdom together with an plaintiff could have stated to. Inspector O'Sullivan that he had station. The Chinese inspector tell the policaman what offence allowance of £30 for uni- produced the right ticket and said to me in Chinese He won't the man has committed. The form and £7.10.0 for camp kit. that within a couple of hours he pay money, basn't bought a tie word "to charge is not in its Pay and allowances will be grant would have told a different story ket, won't get off the car, won't technical sense. It does not meaned as in similar rank in the British The witness took no note of what give his name, I would like to go to give him in charge of a police-service with which they will rank
I will go with man. Exhibit 1 was not compari passu, the plaintiff had said to him, to police station. whereas Inspector O'Sullivan did you to the police station. He posed with legal assistance.
This is what Arthur Course, take a note at the time with ragave me instructions to take him
traffic manager of "the defendant spect to the plaintiff's statement. to the police station,
I did not take the plaintiff pur- Company says on this poin - Inspector O'Sullivan's note and
Q-With regard to breach of which was entered in the Refused suant to the orders of the Police
Station, but I took plaintiff porthe bye-laws, have express Charge Book is as follows:-
Defendant (mrnning the present sugat to what the Chinese ticket instractions been given to the If the ticket inspectors as to how they are to
Gentlemen who are not in the plaintiff) stated be produced the inspector told me. ticket he got when he paid his inspector had not, I would not deal with them?
Volunteer Corps may forward have taken, the plaintiff to the A. Yes, I gave them myself. Applications to the D.A.A. and fare.
station."
In the case of a man who refuses Lam Kai Chi (olerk of the
Inspector Patrick O'Sullivan to produce his ticket, he is asked.C., South Chins Command
direct. "defendant company). This wit
If he refuses ness" demeanour was bad and states as follows:-The plaintiff to leave the par
Candidates from outside the created en anfavourable impres came with I.P.C. 324 (Lal Singh). he is asked for his name and Colony will also be considered On the evid-He was not charged. There was addreas. If he refuses his name and their applications should be sion on my mind. auce 1 End as a fact that the a complaint laid by Ip Cheng, and address he is to get the forwarded as above through the plaintiff produced the right ticket. tramway inspector: After bearing assistance of the police to get the British Consul General of their
will first deal with the the particulars I refused the name and address of the passen- plice of residence. two questions which the plaintiff charge. I entered it in the Refused ger. In the event of his refasing must prove viz, (a) whether the Charge Book. This is a copy his namo and address to the police arrested by the from the Refused Charge Book, he (the ticket inspector) is told to plaintiff was
The complaint or chargo was go no further, but I have told them ticket inspector and (b) if he waAN
28 is set out and the particulars to make a note of the passenger arrested by the ticket inspector,
In France, October 5. aid he have the authority to are in the last column...... If the to see if they could recognise him
The news that the German tramway inspector lays a charge again. The ticket inspector has trenches at Soissons have been Mr. Potter submitted the follow- and tells the constable to arrest, no authority to arrest or charge. carried marks the termination of The thick type and he what has probably been one of ing proposition with respect to it is his duty to arrest him......
The ticket inspector directed no Chinese on page 18 are for the the most fiercely contested trench the first question. If you call a policeman and state what has to charge the plaintiff with a parposs of taking out a summ ne cocarred and the policeman bay particular offence. The particular The first paragraph of the thick engagements in the history of is not of assistance in The honour of this success rests ing received your statement of offence was failing to give up a type
News of Llege's Defender. valid ticket.......
taking out a summons. Being largely with the British troops
Osterd, October 6. facts, then the policeman having
This is what Ip Cheung states : [ of un assistance, it is waste.
and more particularly, I loira, received such facts proceeds 10
Mies Marguerite Leman, daugh- When we got on the ground Too words, "To charge with two famous Highlander re-ter of the defender of Liege, has arrest the person complained of that is not a false imprisonment his name and address. I told the be tak n too literally. The traffic it is not desirable for me to give is now at Maigeburg, cured of the constable again asked him passenger" on page 25 must not giments, whose names, however, received news of her father. He on the part of the person who complained but makes him constable," I put the matter in att are told not to read the breat this moment. The story of the wounds he sustained from The in-laws too literally, I did it their fine achievements is likely strapnel, but suffering from liable in an action for malicious your hands."
spector asked me what I wanted through an interpreter if neocs to be made public ere long. attacks of hamor hsge in on- prosecution. decide is what is meant by "im-tor he could do as he thought this.
been advancing their line until, ga This is what Ip Cheung says at the end, the distance separatsbells.
gas given off by the pierife of the Git... At the King Edward prisonment" and this test in ay Hotel I handed over the plaintiff on this point:The instructions ing the tranches was but a little opinion is, was the defendant the
in accordance with Clause 80 on page 18 are instractions to me. more than 200 metres. Over this moving party in causing the "im-
. I did not con- By these instructions I can seize short range a continuous rifle fire is responsible for it. I take this/sider that when I handed the a man in the car. At the was kept up night and day,. prisonment", and if he is, who (page 18).
plaintiff over to the police King Edward Hotel I handed over punotuated at times by infantry definition from the case of Warner v Ridd.ford 4.0 B (3) he was under arrert. I handed the plaintiff to the police in accord-rashes from either side.
the plaintiff over to the police for ance with Clause 60 (page 18).... Those who fell wounded dur If one analyses the cases quoted them to deal with him.
Proceeding, his Lordship ing these actions were compelled by Mr. Potter it will be found went to the police station beesid: Iomantisfied on the to remain untended for over two ast they tally with Warner cause the police constable asked evidence that the ticket inspector days as the Germans refused to Riddiford.
(Ip Cheung) had no knowledge of allow British Red Cross files to in Grimehow v Welling 28 LJ On the evidence I find as a fact these verbal instructions and that go out and pick up their men, (Ex) p 242 Polleok CB in that the ticket inspector, Ipl be acted under the instructions and in fact did not even permit course of his judgment Cheung, was the moving party contained on page 18 of the their own ambulance parties to stated as follows: The whole in causing the imprisonment of printed instructions (Exhibit go to the relief of their own matter was entirely performed by the plaintiff within the meaning 1). I need hardly point out good the police officer. The defendant of the rale laid down in the case to the defendant Company Daring lulls in the firing the did nothing more than he was of Warner v. Riddiford,
the inconvenience and great German and English troops bound to do; he only signed the I now come to the second danger of having two different shouted serosa at each other and charge sheet. Martin B says the point, which is, had the ticket sets of instractions-verbal in it was only a question of time mere circumstance of signing the inspector authority to arrest? atractions that they are not to before either one side or the other chargesheet at the dictation of the My answer to this question is in arrest, and written instructions, was hurled back by a terrific policeman is not such a giving in the affirmative. On page 18 of both in English and Chinese, bayonet "charge as before men- chargeas will maintain thenation, the Book of Lastractions (Exhibit that they can arrest,
tioned The official communica Bramwell Batates:-The defend-1), issued by the defendant Com-
I now come to the question of tion issued last night shows how ant in againg the charge aheet pany, is to be found the follow- damages. A big distinction is to the affair ended-Central News
imply obeyed the direction of ingla cate the name or be made between the case where the policeman. The act of im- residenos of any person commit a person is taken forcibly to the facta were similar I awarded the prisonment was the act of the ting a breach of these bye-lawa atation and whore he is request sum of $250. That, in my policeman, not of the defendant. is unknown, the conductor or ed to walk up to the station by opinion, is the anm which I should In Jordan v. Elphick 19 L J. any one called to his assistance the side of the constable. In ord, la oase. Indgment its head note is as may seize and detar aoh of trying a case for false imprison for plaintiff for $250 and coste, Allow"A party who seeing fender until he can be handed ment a few weeks ago where the I certify for counsel,
War.
Field day as ordered, for San- day 22nd inet. all ranks of Nos. 1 and 2 Companies are required to attend, and allurexcused men from No, 3 Company.
The question which I have to to do about it. I told the inspec-sary. I never told Ip Choung For some days the Allies had sequence of inhaling the nitrous
180,
the
·
me to do so.
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