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POLICE AND SWEEP TICKETS.
ATTITUDE EXPLAINED IN COURT CASE.
SINCERE CO. CASES. "
Proceedings of extrems Import ance and interest were conducted at the Central Magistracy yester day afternoon, in the couras of which expression was given as to the attitude of the Inspector General of Police for Hongkong towards cash sweepstakes..
THE HONGKONG, TELEGRAPH. FRIDAY, FEBRUARY 21, 1930.
he wanted 20 tickets, and defen- dant then produced from an un- locked drawer in the counter, a book of four tickets. He handed it to witness who retained it. Do fendant then asked him to walt and after about ten minutes, a amall boy came to the counter and handed the defendant another book containing Ave tickets of the South China Athletic Association. The defendant explained that, that was all he had, and witness then dis closed his identity and callod for the manager. He explained to him in English and with, his consent witness searched the enclosure oc- cupled by the second defendant, and found sweep tickets relating to the Derby, organised by two other Chinese Associations.
Cross-examined-Did Mr. Chan readily consent to your searching Wathe premises?--Yes.
So Leung was charged with both possessing and selling South China Association Sweepstake tickets whilst Wong Chun-huen charged with selling swoopalake ticketá.
Mr. H. K. Holmes, Crown Solleitor, prosecuted; Mr. Horace Lo appeared on behalf of Mr. Chan Sze; and Mr. T. H. King, Director of Criminal Intelligence, watched on behalf of the Police..
Did he admit or deny that ha knew anything concerning the tickets 7-He said he had no know ledge of them.
I think he rather wanted to dis- miss the two persons implicated at once?-He intimated that.
Did he tell you of any precau- tions he had taken against the staff dealing in sweepstake tickets No, I have no recollection.
He was rather anxious that you Mr. Hamilton asked if the same should charge them?-He suggest evidence covered all three defon-ed that I should arrest them. dants; and Mr. Lo said that he did not know how the other two de- fendants were going to plead, but he understood that they would pro- bably plead guilty, and that if the case against them progressed satis factorily, the prosecution were not pressing the case against the first
defendant,
Mr. Ilolmas said that there would bo certain evidence put before His Worship to show that certain things carried on in the Sincere Building was not part of the business, and directly contrary to instructions given by Mr. Chan to show that Mr. Chan had taken every reasonable precaution against the practice of selling sweepstake tickets on the premises, and that he had issued instructions to his staff.
(
Do you yourself think that he had any knowledge of these goings on?-I am afraid I cannot express an opinion.
I think he told "you that last year one member of the staff was found to be selling sweepstake tickets and was dismissed-No, I have no recollection of that. That is new to me.
Mr. Hamilton:-Does the South China Athletic Association contri- bute to charity?-1 believe they set aside 20 per cent., but I do not know where it goes.
Policy of Company.
The Crown Case,
Mr. Holmes then addressed the Court, when be said that he thought the first question to consider was whether those" race aweeps were a lottery.
In this Colony they had certain advantages over the public in Eng- Innd in a caso such as that. He had before him recent publica- tion of complete Statutes, in which wore a number of old cases relating of to the Gaming Act, and one them was an early test case on that question as to whether a race sweepstake was a lattery. In the Act of 1802, there was no defni Lion of a lottery given, and it be came necessary to refer to the dictionary, and in that publication of complete Statutes, which was the latest publication of monumental Acts, just out, reference had been made to that point. There was the case in 1904 of Hardwick v. Lane, the facta of which were that the keeper of a public house ar ranged a sweepstake on a horse race to be held on his, premises, and certain poisons entered and paid od.. for the ticketa. Lord Alminster in judgment said then that it was beyond doubt that a sweepstake was a lottery, and that had re mained so ever since. Another point of interest in the caso that .come very day was that it had shortly before what was probably the most notable sporting event în the Colony, namely before the Hongkong racing opened.
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Mr. Holmes went on to refer to the Law Times Journal of June, 16, 1928, which dealt somewhat with the local position as to the general question of lotteries and sweep- stakes. The reference pointed out that with unfailing regularity at that time of the year discussion arose ne to the legality or otherwise of sweepstakes on the Derby, and while it was the duty of the high Executive authorities to enforce the law, they drew a distinction be tween public and private lotterica, Koo Chik-fu, & clerk in the This concluded the evidence for although of course no distinction Police Headquarter Office, said on the prosecution, and Mr. Chan Sze exists in the eye of the law. Save February 13, he went to the then gave his testimony, when he in the cases of art unions, exempt Sincere premises. He went to the said that he was the manager ofed by special Act of Parlia He ment, lotteries are illegal and second counter on the Des Voeux the Sincere Company, Ltd. Road side, ground floor, where he was not aware before the Police sweepstakes are lotteries in Baw the defendant So Leung sit-raid that sweepstake tickets were
Local Principles. ting down. He asked him if he being sold on the premises. It was
That was one reason which led to had got any South China Athletic not, the policy of the Company to Association race tickets for sale, allow that to be done. The Com- the adoption of certain principles and the defendant told him that the pany had passed a resolution, re-by the 1.G.P. regarding sweepstakes price was $15.50 for a $10 cash corded in the Minute Book (pro-in this Colony, and the I,G.P. had sweep ticket. He explained that duced), a notice of which was post- done no more than was being done the reason for that price was bo-ed up in the employees' mess room. throughout almost the British Em- cause the Licketȧ were dificult to It read as follows:-"It has come pire. He wished to make it per- obtain. Witness agreed to buy one, to our knowledge that a few cluba fectly clear that the I.G.P. Inya and he gave him the money for it. and Associations in Hongkong have down those principles, not with The defendant gave him a book recently issued cash sweepstakes any idea of giving immunity or from which the witness chose a and entrusted them to various approval, but as a guide to him-
Helf. ticket. On February 14, witness agents for sale." went again to Sincere's, and on the
The general principal which first floor be asked another man,
guided the Inspector-General was who was sitting behind the counter,
that in the case of sweepstakes he if he had any S. C. A. Association
recognised that the sporting in- sweepstake tickets, and the man
clinations of the general public ex- told him to wait a few minutes.
tended far beyond the possibility He later returned and said that is for this reason that every year of personal, active and actual parti. in sparting events. they had not got any. Witness in the past we have prohibited all cipation
usually wide in- walked down to the ground floor. employees from selling any cash There was where he saw the defendant Wong sweepstake tickets on behalf of ferest in sporting events but it is).
impossible for more than a very Chun-buen and asked him the same anyone."
"Now that cash
participate. The Races question, and he replied "Yes", and
sweep tickets few to that the price would be $16.50 per have again appeared on the market, were not limited to the owners and ticket. Witness asked him to re-we wish to re-announce this pro- the ridera and one method of ahar- duce it by 50 cents, but the defen-hibition, since
our em-ing an interest was to "Indulge in dant replied that he could not as ployees may have not known this sweepstakes. The idea was this. that was his commission. At that rule. Any offender of this rule will If a sporting event was initiated control of the Club, and that was about it that this prosecution was barber supplied them, which would time another man spoke to him and be severely reprimanded. By order and managed and run by some sort what the Inspector-General wished a very proper one. He thought make their salary equivalent said that if witness liked to wait of the Management. 24th. Febru- of club or institution
to stop. He wished to, keep the that by those means the public about $30 a month. tion, they of course had the ex- a" few minutes he could get him one | ary, 1920.
Technical Conviction: Mr. Hamilton. said that it seemed for $16. Witness did not know
Continuing his evidence, Mr. penses, liabilities and anxieties of weepstakes in the proper control of would know that certain woep of the second and third defendants to get out of hand. this man's name, but he was dressed Chan said that last year one em that event. The Inspector General the Club who must not allow them tickets, while sold as in the eas in European style, and had no hat.ployee was dismissed for selling would take no action if the expenses
Mr. Holmes said that when a per- (50 Leung and Wong Chun-huen) to him that a technical conviction He thought he was one of the em- aween tickets, and if any members in the case of a sweepstakes in conson was gambling he did not care would not be tolerated. He did not must lie in summons "A" (against ployees, as he asked witness to take of the staff were found selling those nexion with that sporting event, a straw what he paid for his ticket think that it was really fair, how- Mr. Chan) but he had no intention a chair. He later returned with a tickets they were dealt with in the did not exceed twenty per cent.; and those who sold sweep tickets for over, to hold the Jincere Company of imposing a pensity. He could tickets, from which same way. As a matter of fact, that was roughly ten per cent. for more than their face value were responsible for an office of which not avoid registering a conviction, witness look one and paid $16. the Sincere Company did not make organising the event and ten per merely exploiting a person's gam- they had no knowledge. When a but he would ask defondant to be.
bifng spirit
member of the staff was found sell-mora careful in future. He gave him two $10 notes aud re-
Rny money out of sweep tickets cent. for conducting the sweep.
So Leung would be convicted on ceived $4 in change.
Proper Control Essential, sold by the two defendanta.
He submitted that in view of the jing those tickets last year, he was That still left other aporting Gaming Ordinance there was no dismissed, and a resolution had been charge "A" and would be fined clubs and groups of people who question as to the offence of Mr. passed by the Company and posted $10 or 14 days, but as he had no could not organise, for some reason Chan. The Ordinance stated that in the employees' mens room, show-evidence that he was making any or other, an event themselves, but a common gaming house meant a ing that such a procedure would not commission out of the tickets, be tolerated. Under would convict and merely caption who nevertheless took a consider place being kept for the purposes be allowed or able interest and so they organised of a lottery. They had to take those circumstances he asked His on charge "B" a sweepstake on that event. The Into consideration the fact as to Worship to discharge the first de-
this instance, the fendant. commission or deduction allowed in whether in
book of two
Cross-examined by Mr. Lo:-| How did you know the tickets wero to be had from Sincere's?-1 was told by a friend.
You saw nothing in Sintere's to the effect that such tickets were to
be bad ?--No.
Mr. T. Murphy, Chief Detective Inspector, said in execution of a warrant, on February 16, about 12.30 p.m. he entered Sincere's pre- mises and went up to the cashier's. counter on the south side of the building, ground floor. There he saw the defendant So Leung and asked him if he had any B.C.A. As sociation tickets for sale. The de- fendant asked him how many he wanted and said the price would be $16.50 per ticket. Witness told him
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"Such tickets have the idea of gambling, and as this store is a place for proper business, every member of the store should keep to he duty by producing business in the interests of the Company. It
same of
Asked if he would like to make a statement, the second defendant (So Leung) said that when the police approached him for a sweep ticket he did not realise it was an offence against the law. He asked the Court to pardon him.
Mr. Hamilton asked him how much money he made out of selling the $10 tickets for $16 and $16. What was his total profit?
Defendant replied that he only made a few ten centa.
The Magistrate:Do you mean that you paid $15 for them?--I had to pay $15 to my friend for each ticket that I sold.
The third defendant said that he had nothing to add to that stated by the second defendant.
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Wong Chun-huen was convicted Jon his charge, and fined $10..
Mr. Hamilton asked about the session of the Police
Mr. Holmes said he would much rather His Worship did not make an order.
Mr. Hamilton enquired As to that case was ten per cent. The management of the Sincere Com Inspector-General of Police required pany had taken reasonable precau- what position the second and third two tickets which were in the pos this: that clubs and associationstion against such a lottery being defendants occupied in the firmn, and who run these sweeps will keep carried on in the premises, and as what the salary was.
So Leung said that he earned 36 these sweeps in proper control and to whether they were aware of such they will see that the face value-a sweepstake being carried on there, or $7 a month, and Wong Chun-
buen said his salary was between Mr. Hamilton said that he did not "The Defence...
see how he could do otherwise than $10 in this case is not merely
$11 and $12. "colour." If in fact that $10 was
Mr. Lo, on behalf of Mr. Chan, Mr. Chan pointed out that the order them to be destroyed, for he merely "calour and the tickets were sold for $15 or $12 or any said his friend had made the post- lads were also provided with school bad convicted on the charges. He thing more than $10, the percentage 'tion of the Police very clear, and in the evening, that they had board agreed to adjourn this decision unt of commission had got out of the be thought there could be no doubt and lodging, clothes and even a Saturday morning,
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