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THE HONGKONG TELEGRAPH,
THE MANSLAUGHTER CASE.
INTERESTING POINT. RAISED.
The case was continued yester day at the Criminal Sessions In which the Chlor Justice had before hima Chinese charged with mans laughter of a coolle employed by the Dairy Farm Company, who
WEDNESDAY, DECEMBER 21, 1927.
parted to the man some idea of
the matter on which he was golog to be interrogated."
Hia Lordship said that none of the rules said that,
Mr. Jenkin agreed.
} Is it Unfair?
Hla Lordship asked, apart from the question of a caution..was there anything inherently unfair for a police officer to say to a man who had been arrested "What's
Manufactured with the finest was taken out of the Harbour on all this about?" Was there any-
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November 16th, it being alleged that he was pushed In by three men who attacked him.
Mr. H. S. Fitzroy conducted the case for the Crown and Mr. F. C. Jenkin instructed by Mr. E. S. C. Brooks appeared on behalf of the prisoner.
No Caution.
An interpreter said that he in- térpreted questions and answers be- tween the prisoner and Detective Inspector Lane. The prisoner was not cautioned by him witness), his replies were not read out to him and he was not invited to sign them.
thing unfair in that particular form?
Mr Jenkin replied that a man might be arrested as a suspected snatcher, knowing at the same time that he had committed a most grievous offence. In answer to a question like that he might ad- mit he had committed murder.
His Lordship: You don't mean to say that a trap was laid? It might cause a misunderstanding and might draw a fatal answer from the accused?—Yes.
His Lordship remarked that surely it was not the duty of the police to tell the prisoner what they knew.
Mr. Jenkin replied that he did' not think it was part of their
Replying to Mr. Jenkin witness said the prisoner was interrogated after two witnesses had been ques-duty, tioned.
Detective Inspector Lane said that he was called to the charge room at two o'clock on the morning of November 16 where he saw the prisoner with other men. When being questioned the prisoner was taken out of the dock. He did not receive any information whatever from witnesses. All the information he received at the time was from the Inspector on duty, who had received informa- tion from witnesses.. Witness said he had not questioned anyone be- fore he asked the prisoner ques- tians.
"I
Witness said in reply to Mr. Fitzroy that he did not offer any inducement to the prisoner or give him any fear of prejudice or hold out any advantage to him when taking down his replies to the questions.
Answering M. Jenkin witnass agreed that one of the questions he put to the prisoner was "What's all this about."
His Lordship: If he is caution- ed surely there would be no rea- aon for the police to keep the pri- soner in possession of what they know-I cannot say that it has been laid down as a hard and fast rule because the point has never been raised as far as I know. It seems to me it would be fair to the man to give him some in- dication of the matter on which he is to be interrogated.
His Lordship naked Mr. Jenkin whether he referred to a charge, but not information.
Mr. Jenkin agreed. He added that the questions were of a very general nature and the man might have said anything."
Wrong Procedure.
Mr. Fitzroy urged that the statement should be put in evi- dence, saying that it would not do to put a man in the dock and charge him straight away when he might have a perfectly simple- ex- planation to give.
His Lordship remarked that the serious question arose as to whether the statement was voluntary un- der the circumstances,
Witness then left the box. Mr. Jenkin submitted that the admission of the prisoner's re- plies to the questions as evidence was contrary to the established Mr. Fitzroy replied that a volun.. rules, which, although they did
tary statement meant that it was
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not have the force of law, were re-made without fear of prejudice or garded as sound principals govern- of advantage exercised or held out ing the admission or rejection of by a person in authority. Unless such evidence. They were first those facts wore present there being tried there was no reason promulgated in 1912. "
was no reason why the statement why they should not have been should not be accepted. If a judge strictly enforced, and "I think it considered that anything unfair is for the netice of everyone, the had been done to the prisoner. Crown as well as persona charged, then he might exercise his power that where it is, possible to do so; and rule it cut..
these rules should be strictly ad- His Lordship remarked that whathered to. There is no reason at he wanted to know was why he all in this case why, before this! should depart from rule three in
man was questioned, he should not the present case? The statement have been cautioned." had been taken under circumances offending against the rule. "I have a sense of caution, and why should I depart from these rulce laid down by very eminent legal personalities, when one of these
absclutely governs rules Case."
Mr. Fitzroy replied that it was a The rules, voluntary statement. he said, were not law, and did not absolutely bar the statement,
I
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PROF. O, K. SETO
BETTER OUTLOOK.
MADAME F. SETO. Expert Japanese and Swedish London, Dec. 20... movements. Treatment given at Ofice or residences, 14, During the debate on unemploy-Queen's Road Central, first floor.. ment in the House of Commons last night the President of the THE NEW FRENCH REMEDY 1. Board of Trade, Sir Philip Cun-THRAPION. NO. 1 Continuing his Lordship said he lifte Lister, referred to the Novem- TERAPION. NO.2/
TAÐRAPION. NO.3. had asked Mr. Fitzroy to give any her figures for Overseas Trade, THERAPI Nes for Blood reason why he should hold that which showed an increase of 16d sein diacsson. Now for Chronie Weat rule No. three was inapplicable. per cent in the value of British nesse Sold by leading Chemists Price is He had replied that there was no trade us compared with November stock N.W. B. London. Sms Trade Marksd this reason except that he (his Lord-
That meant an THERAPION on Writ Gort. Blasp ship) could exercise his power of improvement of about 25 per cent.ed to genuine packsta discretion to admit the statement in exports, which was equal to an under the circumstances.
average month of 1913,
two years ago,
Recognised Rules, The third rule he said states "Persons in custody should not be questioned without the usual cau- tion being first administered." The ninth rule states "Any state- ment made in accordance with the above rules should, whenever pos- sible, be taken down in writing and signed by the person making it, after it has been read to him and he has been invited to make any corrections he may wish."
Mr. Jenkin continging said that strong grounds must be shown by the prosecution for admitting a statement which ran counter to the spirit of the rules. He went on to quote authorities bearing out the consideration, that was given to them by other eminent judges, In summarising the question his sible to follow the rules, but where laid up than at almost any time
His Lordship remarked that if Lordship said it was quite clear they were perfectly easy to fol- in the past. he was satisfied with the bona fides that the answers to the questions low, he proposed, so long as he was balance had also been considerably of the witnesses the rules would not were left to the discretion of the sitting in the court, to insist that reduced during the past month. affect his mind very seriously, but judge. The authorities were by no they be closely applied. He would) he agreed that their observance means clear. They seemed to have reject the evidence. was the better course to follow. different trends of decision accord- A man should be put on the 'alerting to the particular judges who as to what was being done to him. had given decisions. They were, He should not be trapped or in- as far as he could see, more viegled. Rule nine was more or less a clearly recognised, proce- less a matter of procedure which dure. was very admirable, but it did not,
to his mind, occupy the import-
ant position of rule three.
Judges Opinions,
Other circumstances might ariso under which it would be impas-
جھی
There was now less shipping |
The adverse trade
Dealing with the outlook in in- dustry generally, he said that Justice Better Served, there was a better understanding and greater mutual confidence.. then re-called into the witness bpment had designed its policy to Detective. Inspector Lane was In the foreign field the Govern- Addressing witness his Lordship
said "I hope you will bring these help trade. In regard to Russia, rules to the attention of your su- that country had sold to us, in the Certain rules, he continued, had periors. It is a pressing need first three months after the breach, If the Rus- Mr. Jenkin respectfully agreed. been agreed upon by the judges in that instructions should be given more than it sold three months He continued that he was not mak-England as to the proper course to police officers and strictly abid before the breach.
You will find that they sians were free to sell they were ing an attack of any shape or form to follow where a person is to be ed by. on Inspector Lane. He was a questioned. It was true that the are easily carried out and will be also free to buy. There was no
to of facility do 80. busy man with a great deal of rules did not carry the force of a great advantage if they are car lack crime to investigate. He was call law. As he had said to Mr. Fitz-ried out. I don't for one moment British Wireless. ed into the charge room at two roy he had a sense of caution and assert that you did anything im o'clock in the morning, but he did realised that the rules were laid proper or unfair. not, in fact, caution the prisoner, down by very eminent persons, "I put it to you that you will whose opinions he was bound to exercise your discretion in favour consider with the greatest possible of this man, in that it would have respect.. been fair, leaving out the caution. if Inspector Lane had at least im
SALESMAN $AM
KERE WE ARE STILL IN HOLLAND an AN ALL BECAUSE GUZZ WAS AFRAID TA TAKE OFF IN THIS WIND! HOW'S HE GONNA BREAK ANY RECORDS IN OUR FLIGHT?
I think that Justice would be even bette, served friadner on November 17. In an by following the procedure laid swer to that charge he replied "1 down by eminent authorities in did not murder her? strictly enforcing these rules," This closed the case for the An interpreter gave evidence of Crown and the case was adjourned The rules were perfectly easy to follow. In the particular, case reading a charge of murder to the until this morning.
GOSH! THIS IS A TOUGH WIND! GUESS
I'LL TURN IN AN GET SOME
SLEEP MYSELF! I CAN'T GO ON
WITHOUT GUZZ ANYWAY!
Maybe
AND THEN MORNING COMES - AS IT HAS A HABIT OF DOING!
HEY, WAKE UP, GOZZ! TH’ JOKE'S ON US! THAT 'WASN'T A WINDSTORM ÁT
ALL, LAST NIGHT --- ·
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