Pathé-Baby
KURUMSALITA
12, Queen's Ed
Central
THE
AT
THE HONGKONG. TELEGRAPH,
OPIUM SMUGGLING.
WEDNESDAY, MAY 30, 1923.
ever
7.00 3..
PEAK TRAMWAYS CO., LTD.
acquittal based en the actual wider meaning given by the de construction of the Ordinance, finition clause he deprived the I would actually prefer to lose on Croa of all possibility of Interesting Arguments in my first point and to be success- securing a conviction for exports-
ful on my second in the interests tion: Shipping Case.
It was obviously impossible of my clients. The object of this for revenue otheers to go on board Some interesting arguments Ordinance is obviously to make ships when they were under way, were submitted before Mr. J. R. the smuggling of opium tco ex-It the wider raning was not given Word at the Magistracy yesterday pensive for shipowners. That is to the word, at what period from CINEMA afternoon in the case in which the reason and the only excuse the moment of the ship untying 1.30 to 8.00
the firm of Messrs. Jardine, for the gigantic fines. It is at the buoy did exportation con Matheson and Company were sum-obvious that when shipowners mence!
Did it commence at the} moned by the Superintendent off have been found
implicated in boundary of the Imports and Exports for allowing the smuggling of opium the Ma Colony or when the ship actually
Waters
K₤ the their steamer, the Loong Sang, to gistrate shall be empowered to lett the boy: be used for the conveyance or impose such a heavy fine that it searching and the utter impossibili exportation of 500 taels of pre- will probably swallow up the pro- of securing any conviction under fits of many successful ventures. those conditions would render the pared opium on April 27th.
Mr. E. Davidson, addressing the But the Ordinance does not deal section and every other section. Magistrate on behalf of the de-only with the guilty owner: it fendant company, said that the deals also with the completely possible means, of finding the pen | 11.30
Jabsolutely nonsensical
The only of those innocent owner and also with the passed to prevent people doing wher who, though not implicated before the ship left the buoy son committing the offence what they very much wanted to has possibly bees careless in
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TIME-TABLE.
From 1st June. 1923)
Sundays. 4. 7.00 6.3. 7.10a.m.
to 9.30, 11.00
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10 min) 9.30
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: 4.80
桌面
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€30
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as the smuggling of opium. It taking precautions to Mr. Hazlerigg proceeded to con
was, he thought, the experience of smuggling.". every country
when they that
prevent
Crow
tend that the weight of evidenc Mr. Davidson mentioned that the showed that the wanted to do that, they had to fine provided under the original plicated
be very drastic in their legisla-Ordinance was $5,000, and under
Decision Reserved. tion, and this particular Ordi-the amended Ordinance ten times
Mr. Davidson: nance was a case in point. It was the value of the opium. In the against that. There is no evidence I must protest obvious, for example, that to case of the guilty owner or of the of it. prove that nobody on board the owner who had neglected to take ship was copterned in the smugl precautions, it was easy for the taxing the credulity of the Cour.
Mr Hazlerigg thought it gling of opiua was from the start Magistrate to come to a conclusion to much to say that such & bulky an absolute impossibility. If they as to the proper fine to be imposed package could be brought on board! took the language of the Ordi-to deter owners or to induce them and secreted in nance in its ordinary meaning in the future to be a little more hiding place, which took half an
very difficulti that had to be proved up to the careful. But if the hilt. It meant proving a negative, both innocent and had taken "all the engine room staff or any meg:- (hour to do, without any person ofj and a particularly difficult kind reasonable precautions, what fire of negative at that. The only was there to impose? What fine
ber of the crew being cognisant of way in which it could be done could be imposed except, the usual what was taking place. There was was by showing who put the nominal fine of $17 Mr. Lord evidence from which the Magistrate opium on board and that the per-had admitted in cross-examination could directly infer that some mem- son was not a member of the crew, that if the owners in this case had bers of the crew knew what was The Ordinance being a drastic discovered the opium themselves going on.
owper
was
His ic-
one might operate "very harshly oajand had banded it over to the su During the course of the hearing, individuals, as it might do in this thorities, there would have been the Crown Solicitor said. Mr. case against his clients.
Do prosecution. The reason for Davidson had spoken of his clients| that was quite obvious. If the as being the Ships at Buoys.
victime Is (the owners had found the opium and Crown Solicitor's) suggestion As a result of a careful exami-handed it over, it would be con- that they
WAS nation of the Ordinance. Mr.jclusive evidence of their innocence they had failed to take the precau- were victims because Davidson did not propose to con- and also of the fact of their hav-tions which were necessary. tend that the language of the ing taken precautions, so that the precautions should be taken before The Ordinance would not by any owners in that case means bear the meaning that alentitled to every consideration as when she had left.
would be the sailing of tire ship and not ship lying idle at her busy was having been both innocent and had also mentioned that the re- Mr. Davidson not being used to export opiuma. diligent. "We have proved our- He was going to show that the selves to be innocent and are ad-the master of the ship.
reale oficers Lever informed Ordinance, if could bear thst mitted to be diligent, so we are instructions were that every step was meaning. could at any rate bear precisely the same position as if taken to prevent the opium reach- another, which was more reason-we had discovered the oplum ouring the ship in the first place. If able and just and which would selves and handed it over to the information was involve the acquittal of the de-fauthorities." Mr. Davidson argued.
circulated there fendants. Mr. Davidson said it"Therefore, I submit
was bound to be a leakage, and was his duty to show that they nominal fine is the only fine that the result would be that any had a right to rebut the case forjean possibly be inflicted in
search would be entirely useless. the prosecution. The ship was ease. It is a curious fact that the After further argument the not, in fact, ever used for the ex-revenue officers do not tell the Magistrate intimated that he would portation of opium. She was at shipowners that the opium is go-consider his decision and would in- all material times-and the only ing to be put on board ship. They for the parties concerned when material time wa when
the wait until it is on board, then go would deliver it oplum was found on boaru and seize it and fine the owner. moored to her buoy in the harbour No doubt that is done for perfectir! and never mered. Any ordinary good reasons. I do not mean person reading the section would suggest that they are doing it as assume that the offence aimed at a kind of bad and clumsy joke. was the actual carriage of opium There are reasons why they want either the Colony or from the seire it on board ship, but if tha; Colony. He thought his Worshipa so, why prosecute the owner?" must come to the conclusion that what was meant was the actual
The Owner's Innocence. moving of
that a
this
to
oplum in the ship. Mr. Davidson went on to Kay Mr. Davidson contended that it that he asked Mr. Liord what fine] was absolutely impossible to pre-re thought would meet this case. vent people taking opium on hard, He could
no
CANTON'S FINANCE,
Municipality's Loans.
In the last tar months the Can- ton Municipality has contributed Dearly $1,750,000 towards the General Headquarters for war ex- peares, about $35,000 to Gazern- say. Mr. Lloyd's meat House for provincial ad- a ship when she was lying in port. opinion would have been
ministrative expenses, $20,000 for Unless the Magistrate accepted helpful to his Worship in deciding bigher schools in Canton, and
very the maintenance of the his reading of the Ordinance it this difficult and important case. $20,000 for the Government -tu- meant that a search was absolute-Mr. Lloyd did not know for a very dents abroad, as the Canton Daily ly useless, A successful search good reason. The only possible New
owners to
imposed in
KCYDE
+ would simply expose the ship- fine that could be
These payments were more or prosecution.
Mr. accordance with commonsense and loss in the forra of loans and will Davidson urged that a ship lying lngle was a nominal fine of $1. in port could not be said to be
be refunded upon the demand of In the course of further argu- the Municipality for local improve. used for the exportation of opium. ment Mr. Davidson said that if the ments and activities, it is under- On the ground that they had re-principle he had contended for, was stucd. Most of the funds have hutted the presumption that the tuled out.. if the Magistrate was to come from the recent sale of Can- ship, at the time the opium was fine entirely at his own discretion, ton Government landa or temples found, was being used for the as a sort of mental toss up, might reclaimed by the City. conveyance OF exportation of not the Court consider what was The expenses of the office of the opium, he asked that the case the largest fine that would not Civil Governor shall not be more should be dismissed.
annoy the defendants and the than $50,000 a month, according smallest that would not disappoint to the decision of the new Governor the Government? That would be
Penalty,
MANY CHANCES HAVE BEEN MADE
The Magistrate: I do not see a very lamentable state of affairs, why you should not go the whole
The Magistrate: The only prin- way and say at once that this ciple I can see is to consider what section cannot be interpreted to is the amount which would in the cover any conduct of the ship'a ordinary course lead to preven in the manufacture of glasses: crew at her bucy. Why not goltion.
one of the most important is that further and say the general mean- Mr. Davidson: If the owner is invented by Sir William Crookes, ing of the section
is not appli admittedly innocent what fine is who, as the result of numerous cable.
going to deter the repetition of the experiments, combining glass Mr. Davidson said that that was offence. I do not know whether with various metals, has succeed, what he meant to convey.
your Worship is going to contended in producing a material which | 2 In the course of further argu- that the greasers and cleaners of cuts off 98% of the infra-red or heat ment between the Magistrate and the Loong Sang are going to be so rays together with the ultra- Mr. Davidson, the latter describ upset that they would mend their gir
violet or chemical rays, called ed the Ordinance as one of the ways, or whether the owners should Crookes lenses of any prescription William. Crookes lát. most difficult to construe that dismiss the crew and get a more in either regular or Torle form are he had ever come across,
virtuous one. The fact is that no manufactured by the Hongkong "I wish to take the somewhat fine can deter smuggling on this Optical Co., successors to Clark & unusual course of addressing your boat again, because no fine can Co...manfacturing and refracting Worship on the question of deter the defendants, who are opticiane-the most competent penalty." Mr. Davidson continued. innocent. It cannot make them more manufacturing optical establish "I do so for this reason, that to diligent since they have been alment in the colony-located in 53, both the defendants and to all ready diligent, and it cannot pos-Queen's Road Central shipowners in the Colony it would sibly deter the crew.
be more satisfactory to obtain a Mr. Hazlerigz. in the coarse decision on the question of prin- his address, said it seemed to him ciple as to the amount of the fine that if the Magistrate did not attri- in this case, than to obtain an bute to the word "exportation" the
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++
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#
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5.03
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*
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