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THE HONGKONG TELEGRAPH.

RACE SWEEPSTAKE PROSECUTIONS.

MAGISTRATE SAYS POSITION IS RATHER ANOMALOUS...

CLUBS PENALISED.

Important official pronounce ments bearing on the question of the conduct. of sweepstakes by local Clubs were made by the Police yesterday in the course of proceedings -instituted under the Gambling Ordinance against two. Chinese institutions summoned before, Mr, Lindsell, at the Central Magistracy.

The two institutions concerned in the case, the Chung Shing Bene- volent Society (represented by Mr. Lau Yuk-wan, the chairman) and the Suilam Club (represented by Mr. Chau Ngan-ting, the Manager), were summoned for keeping a the common gaming house for purposes of the sweepstakes, while the first-named was also aummon- ed for the possession, with the view to sale, of a number of sweep- stake tickets.

TUESDAY, MARCH 11, 1930.

cretion for the Police Mr. Lau has figured. in this matter as Man- ager of this Society. This sweeps- take was instituted for the benefit of the Society on the responsibility Under the cir of the Committee. cumstances I will ask your Worship to treat the matter leniently and to impose a nominal finè.. Naturally these proceedings will be more than sufficient to prevent a recurrence of the offence, unless the circum- stances are entirely altered."

Permission Refused.

Mr. Lindsell: Have you any re- marks to make on that, Mr. King?

The Assistant Director of Criminal Intelligence: At the out zet I may say that in neither case the Police are asking you to im- exemplary or heavy pose an penalty. But I must point out that the Police regard the Chung Shing worse of the two. Society as the First of all, it is not at all per- missible for any society or Club to run sweepstakes on the Derby or any other race even in conformity with certain conditions which the Police have stated.

"But in November, 1928, 'the Chairman of the same Society wrote: to the C.SP. or the Inspector General as he is now, asking per- mission to run sweepstakes

the On

Derby in order, to Mr. E. Davidson appeared for raise funds for charitable pur- Lau Yuk-wan, and Mr. G. S. Hugh poses and also to find part Jones for Mr. Chau Ngan-ting-of the revenue for the upkeep of The prosecution was in the hands of the Director of Criminal Intelli- gence, Mr. T. H. King,

Mr. Davidson: I appear for Lau Yuk-wan, Manager of the Chung Shing Benevolent Society, and my instructions are to plead guilty to both charges. I would like your Worship to take into con- sideration the circumstances, be- cause my submission is that this is A matter in which a merely nominal fine would be adequate to meet the

case.

This sweepstake was commenced at the end of last year in the same way as sweepstakes are undertaken by many other Clubs in this Colony, on the terms which are laid down, by instructions of the Captain Superintendent of Police in 1928, to the effect that sweepstakes will not be interfered with where a deduction of not more than 10 per cent, is made for running expenses and that the total proceeds above that deduction is devoted to prizes."

For Charity.

the Club.

"The present deferid.nt was not chairman at the time, but it is on the records, or should be on the records of the Club, that a reply to that letter wa sent by the C.S.P. Informing him of the posi- tion. Part of that letter reads as

39 this! follows: "I regret that form of aweepstake is among those prohibited and to which attention has been drawn in the Press as being prohibited, permission to run the sweepstake cannot be granted." That was under the 1929 Derby. That letter must be on record on the

Club. They had definitely been refused permission.

"Furthermore, the Police had oc casion to visit the premises of the Sincere Company in connexion with do with the another matter to

the Hongkong sweepstakes on

On the Derby on Feburary 16. premises, on the desk of one of the cashiers, we found a book of these sweep tickets for sale. There were Reven unsold tickets in that book.

WAS

Nz711.

We don't wish to make any im- the idea to Mr. Lau that he could putation against the integrity of carry on as long as he complied with the officials of the Society-it Is the instructions.

Mr. King: Those regulations not suggested at all. The position

were published on August 6, 1928. is that the Society

this Permission was applied for at the fused permission to run sweepstake. The Society was re- beginning of 1929. fused permission in 1929, and even be as it has been run this year, it has not been run in accordance with the official idea as sweepstakes should be run.

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The

Mr. Lindsell: And who is, the like to see them. I can also put After referring to other terms

my client, in the witness box to arbiter as to right sweepstakes, the give evidence on this,

I.G.P. or the Executive? in the same set of regulations to

Mr. Lindsell: I understand, Mr. Mr. King: The LG.P. the effect that such sweep tickets

King, that at present, institutions control of gambling by the Police were to be taken on the premises

which run sweepstakes of this kind is in the hands of the I.G.P. of the Club by members, that they

even if they do comply with the Mr. Lindsell remarked that the were not to be hawked or sold, or

Unsatisfactory Position. so-called regulations made 18 position was unsatisfactory. transferred in any way, and that

Mr. King: I entirely agree. It to such lotteries were not

Mr. Davidson: As regards the months ago, may still be liable to

Issued to mem-interference by the Police?

is a difficult subject. Our only ob- organized for individual profit, but

books of tickets

Mr. King: Yes.

ject was to exercise reasonable con- be conducted by the management

bers of the Association, the Associa

Mr. Lindsell: The

position trol. tion cannot prevent a member from of the Club organizing them, Mr.

Mr. Lindsell: I think a small Davidson continued: "The defen-

Davidson: Perhaps Mr. selling them if he likes, for his seems rather anomalous.

Mr. King: The position is that fine will meet the situation. $10 dants in this case were led to be- King will agree that the Police own use or anybody else's. That, lieve that there could be no objec- instructions which he read were of course, is one of the difficulties any Club which institutes this idea fine for possession of the tickets situation. We can should apply to the Police and see and $25 on the other count of keep- tion to a lottery being conducted. published at the end of August, of the whole

tickets to members how it stands. Scores of Clubs ing a gaming house. My instractions are that the Chung whereas application for permission only sell our

undertook this was made at the beginning of the and see that they sign receipts for have applied and they have been Shing Society sweepstake solely for the purposes year, which might have conveyed them. We have stubs here if you given definite answers. of providing funds for their pur- poses which are purely charitable.

I am instructed that the conditions were closely adhered to, that only 10 per cent. for such charitable purposes were deducted and that a book of receipt was kept for tickets issued to members.

"In fact, the Police instructiona have been complied with in every respect. Shortly after the lottery. was set on foot and after the tickets had been sold, my clients were in- formed that it must not be con- tin ed. That puts them in a dif- ficult position because they have received the money, and although money will be returned as far as possible, there is a certain amount of risk to the Society itself. It in- curred a blame which does not be- long to it at all, as many of the persons who have spent money on the lottery may not really under stand what happened and suspect that something has gone wrong. That is not the case at all. The whole thing is above board: I don't think the Police will dispute that.

Mr. King: No.

Mr. Davidson: Actually, as soon as they received these summonses, when the sweep was started, they petitioned to the Governor-in- Council for leave to continue this lottery. That has been refused. That, of course, is a matter of dis-

SALESMAN SAM

HERE'S A BANG-UP PLACE TA HUNT; I GUESS! I'LL TURN THE HOUNDS LOOSE. AN' THEN WATCH "TH' DUCKS TAKE

FLIGHT-

Mr.

"IT'S AS EXQUISITE and FRESH

(Continued on Page 11.)

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