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THE HONGKONG TELEGRAPH.
A LEGAL PROBLEM.
MAGISTRATE QUESTIONS HIS JURISDICTION.
Arrested on. a warrant on his arrival in the Colony on Sunday,
TUESDAY, FEBRUARY 25, 1930.
HAPPY VALLEY FUNERAL.
LATE MRS. GELLION LAID TO REST.
The late Mrs. Gellion, who died after having absented himself at her residence in Humphreys from the Police Force since Buildings at the age of 64 on Sun- January 29, 1929, a Chinese seaman, day, was buried at the Protestant of the Water Police Station appear Cemetery in the Old.. Residents' ed before Mr. Whyte Smith, at the Section yesterday evening, the Kowloon Magistracy yesterday Rev. W. Walton Rogers conducting morning, on a charge of desertion. the gravesido service.
Mr. W. Je Bart Sparrow (Assis-,
There was quite a number of tant Superintendent of Police), friends present, the chief mourn- prosecuted.
ers being the daughter, Misa The defendant pleaded guilty.Hobbs, and Mr. T. Ramsay. Those His Worship: Have 1 Jurisdic-present included Messrs. H. Dixon, tion, Mr. Sparrow? It is six J. Ormiston, R. Pestonji, W. months since the offence took place. Wotherspoon, R. T. Taylor, P. A. Mr. Sparrows. It doesn't say on Dixon, C. Atkinson, A. Forbes, G. the warrant that he must be ar-White; A. C. Morgan; the Rev. rested within six months.
Father Bora and others.
His Worship referred the pro- Floral tributes were sent by secutor to Section 21 of the Magis- "Elleen," "George and Lulu." trates' Ordinance which states "In "Peggy and Derek," "Tom," "Lilly Сага" any case of an offence other than and Daisy" "Alex, And an indictable offence where no "Clark and Anne," "Bob and and Mimmie," time is limited by any Ordinance or Jess," "Lionel statute for making any complaint Freda Dixon, Rev. and Mrs. W. or laying any information in re Walton Rogers, Mr. and Mrs. Lam- spect of such offence such com- bert, Mrs. Ramsey, and family, Mr. plaint shall be made or such in-and Mrs. Ormiston, Bella, Betty formation laid within six months and Andre Pestonji, Mr. and Mrs. from the time when the matter of D, A. Goodwin, Mr. and Mrs. E complaint or information J. Ainslie, Mr. and Mrs. R. such respectively arose,"
Pestonji, Mr. and Mrs. J. Gibson and Louise, Mrs. W. Harris Gill and Miss Gill, Ada and Mickey Williams, Mrs, Oxberry, Mr. and Mrs. G. F. Taylor, Mrs. Louise White, Mr. and Mrs. G. White, Mr. and Mrs. W, J. Keates, Miss. Hammerton, Mr. and the Misses Heron, Mrs. Capell and family, Capt. and Mrs. W. Lee, Mrs. N. S. Moses and family, Mr. and Mrs. J. Sanderson Smith, Mr. and Mrs. J. P. Robinson, Mrs. E. O. Murphy and family, Mrs. Hopwar and Miss Hopwar, Mrs. R. Carroll and Tootsie.
His Worship: That point didn't occur to you, I take it, Mr. Spar- row?
Mr. Sparrow: No, your Wor- ship. As a rule we don't get a man arrested until after six months elapses. It is generally over a year at least before they turn up in the Colony,
Six Months' Limitation. His Worship (after referring to the Police Ordinance under which the défendant was charged) There are certain Ordinances which exclude that section of the Mágia
Messrs. Henry. F. Bunje, P. A. trates'. Ordinance but nothing in the Police Ordinance says that that Dixon, C. A. and I. L. Goldenberg, section of the Magistrates' Ordin-R. R. Roxburgh, C. H. Miles, H. F. ance can be excluded, namely the Jason, W. Wotherspoon, A. C. six months' limitation when bring- Morgan, H. Dixon, C. R. C. Ham. ing a complaint. I think I will re- mand the case and consider it. I can't deal with it in view of that section-section 21 of the Magis- trates' Ordinance.
'Mr. Sparrow: The warrant was issued on the 7th February. Does that make any difference?
His Worship: I think I see one way that you can get around this, by not charging him with desertion on the 29th January, 1929, but in- stead charge him with being absent from duty on a later date within the six months. Wouldn't that do? Say on the ... well, any date. When was he arrested?
Mr. Sparrow. He was arrested yesterday (Sunday).
His Worship: You can make it a case of being absent from duty three or four months previously. The act of being absent from duty at a later date is just as serious as the act of desertion.
Mr. Sparrow: Yes.
Ordinance Misinterpreted. Detective Inspector Dorling
Ho Bing-wan, the Coolie Aham, "Boy." "Boy's" Wife, Ah Mui, “.
Mrs. da Silva Delgado." The death occurred on Sunday Afternoon of Mrs. Guilhermina da
ad- Silva Delgado, at her residence 162, Belcher's Street, at an vanced age. The deceased lady was the mother of Mr. Delgado of the Harbour Office, while she had grand- three grandsons and daughter.
The funeral took place yester- afternoon, B number of friends attending.
day
the date.
His Worship: I thought that still did not come within the time.
Mr. Sparrow: He descrted on January 29, 1929, and the warrant was taken out the next month on February 7.
Question of Leave.
His Worship: Have you anything to say about this man?. Anything the man's say apart from character,
He
to
is a deserter all the time he is ab- sent.
His Worship: He is a deserter the moment he leaves.
Inspector Dorling: And he con- tinues to be so until he is arrested, His Worship: No; desertion fa leaving with no intention of return- ing. It is a definito act. I think you had better make it a definite offence within the six months, to give me jurisdiction.
The case was put over and on re- turning to Court later Mr. Sparrow said that he thought his Worship had made a mistake in the reading of the section.
His Worship: 1. may have, of
course.
Mr. Sparrow then re-read the section and also drew his Worship's attention to Section 25 sub-section 3, which states: "It shall not be necessary to make the warrant re- turnable at any particular time, but the same may remain in full force until it is executed."
Mr. Sparrow: This complaint was made within six months of the time the offence was committed. His Worship: Oh!' was it? Mr. Sparrow: Yes, I gave you thé date.
His Worship: But it was not within six months of the time the man deserted.
Mr. Sparrow: Yes, I gave you
SALESMAN SAM
PARDON ME FER BEIN'A BIT' LATE THIS MORNING, GUZZ, BUT I HAD A LITTLE BUSINESS TO
ATTEND TO -
Mr. Sparrow: He has two re- ports against him.
His Worship: No, I don't mean about his character. I mean about the circumstances under which he deserted. You don't know, any- thing about that?
Wag
Mr. Sparrow: I understand that been he was supposed to have connected in the larceny of some kit; another man's kit. He on the report for that and he desert- ed. He is going to be dealt with departmentally.
The defendant, when asked if he wished to say anything, remarked that he had been granted four weeks' leave but having overstayed that period he had been afraid to return. The defendant said that he had been granted leave by Inspector Ogg.
Mr. Sparrow, in reply to his Worship, said that an Inspector could not grant leave. An ap plication for leave would be sub- mitted through an Inspector. It was quite possible that the defend- for and had been recommended leave.
His Worship remarked that it would be.'less serious an offence if the defendant had overstayed his leave than if he had deserted.
The case was remanded till to-morrow for further enquiries.
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