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1st. CLASS FARE to SINGAPORE $125.00.

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Agents JAVA CHINA JAPAN LINE. Telophone Central No, 1574 York Building: Chater Road.

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For further particulars apply to the Agests

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Hongkong.

8.S.

Buth April

G. E. HUYGEN.

Cunton.

THE HONGKONG TELEGRAPH,

́STRAITS J. P. AND OPIUM.

REVENUE OFFICER'S

DISCRETION.

WEDNESDAY, APRIL 2, 1930.

Mr. Strellett: You agree that the amendment of the Ordinance has made the position of the defendant more difficult?-I would like to put it the other way. From my point of view the position of the pro- secution is slightly more easy.

Do you think the instructions to Revenue Oßcers require amend- ment and alteration in view of the position?-No.

You realise, Mr. Lloyd, that the amendment has thrust a very severe burden on the person in possession of opium That is the object of the amendment is it not? I can't say what the object of the amend ment is. As a matter of fact I had nothing to do with this clause.

Pointed questions as to rights of Revenue Officers in arresting per- sons in possession of opium, were put to Mr. J. D. Lloyd, Super- Intendent of the Imports and Exports Department, by Mr. D. L. Strellett, at the continued pro- ceedings against J Singapore, Chinese, Mui Kwok-leung, stated to be a Justice of the Peace, who, charged with possession of a large quantity of illicit opium. The case is being heard by Mr. Lindsell at the Central Magis-clause? tracy.

Mr. Lindsell-You had nothing to do with this presumptious

|

JAPAN'S PROGRESS:

MEDICAL CONGRESS OPENED. AT OSAKA.

Osaka, Apr. 1. In the presence of 5,000 medical men; the eighth Medical Congress was opened at Osaka this morn- ing.

Cutting out all ceremonies, the congress proceeded with the reading of papers by Japanese and foreign specialists, including M. M. Madsen, Hoffman, and Axen- feld.

Hoffman's paper was entitled- "Is Syphilis Curable," the lecturer giving 20 years' experience with Salvarsan treatment,

Mr. Shibata, the Governor, en- tortained the foreign guests and officers of the Congress at a lun- cheon.

commenting on the progress of The newspapers are favourably medical science in Japan.-Reuter.

Witness: No. I think it came about after a case where a man re- ceived oplum in Manila and it was seized here. He was prosecuted here and an official came up from Manila to give evidence of seizure, but the man was discharged because the Justice held that the man did not know what was inside the cases. That was before the Opium Compends upon the case and the cir mission came here. I can't pos- cumstances at the time. sibly discuss what led up to the passing of the law, but I had no hand in the drafting of the clause.

Yesterday's hearing opened with evidence by Mr. Lloyd, who said he would like, firstly, to deal with the duties and instructions of Re venue Officers in the search of baggage on the water front. The Revenue Officers had strict in structions regarding outward going baggage, to the effect that they were not to touch it unless they had definite Information, or the very strongest suspicion. They well understood that regulation, and already severe punishment had been given for the non-observance of it. The R.O.'s had definite instructions that if a man was arrested on you of that. I put it to you the suspicion of smuggling, he must be seriousness of the responsibility of brought into the office immediately the Revenue Officer has been con- and not allowed to communicate siderably Increased, in that he with anybody. He (witness) was must lose no opportunity of find- unable to give any explanation as to why these two orders were dising on the position of the defen-

ing out whatever may have bear obeyed in this case.

dant who is in possession of oplum? Witness:-1 should have thought it would have been just the op- posite.

Dealing with the arrest of de- fendant, Mr. Lloyd related the events which occurred in the office after his arrival,

Mr. Lloyd went on to deal with the various shipping labeis found on the baggage, all of which were in the name of T. Y.. Lum, which purported that he (Lum), travelled in Shanghai on July 12, per the 8.8. Empress of Russia. The next trip was from Shanghai to Hongkong per President McKinley, by which he should have arrived here on November 18th, whereas there was

a luncheon menu on board the boat

dated November 15th.

trips.

R. O's. Responsibility. Mr. Strellett:-I don't accuse

прим

Mr. Lindsell-I always thought it was the view of the law that the defence had to convince the court that they did not know they had possession of opium, and if they did that, they were discharged.

Witness: That is the position now.

Mr. Lindsell:-I think that has been the position all along.

Mr. Strellett:-I want this from Mr. Lloyd quite clearly. I under- stood from you just now that you did not consider the Revenue Of Mr. Lindsell said that he could ficers should be so careful as to not infer that because a menu card finding out as to how the persons was dated November 15th, that the came into possession of opium as man took a trip on that date. He they had not got to prove that now? might have made several

Witness-That is my view. Other labels also found on the In other words the prosecution baggage, purported that the manare not so responsible if they Lum had travelled to Manila on the neglect to fix the trail of that opium President Garfield in stateroom 144, to the person in possession of it, whereas, said Mr. Lloyd, there was and that the burden is on him? no such stateroom on the boat. Yes, that is my view. Another label read that he travelled Do you realise that Revenue Of via, the American Mail Line onficera are entitled to ignore the board the President Cleveland from trail of opium so long as they can Singapore to Hongkong, whereas | "fix" somebody in possession of it? in fact, the Cleveland was not an |--I did not say they were entitled American Mail Line boat and had to. never been to Singapore.

Mr. Lindsell pointed out that the labels were quite na consistent with the defendant's innocence as his Kuil:.

Mr. Lloyd auld that it was evi- dence as to the existence or non- existence of the person T. Y, Lum. Mr. Lindsell said that it seemed to him that the labels were just as consistent with defendant's atory as the prosecution's allegations, He might easily have put the labels on himself.

Onus. on Defence, This concluded Mr. Lloyd's evi- dence. In cross-examination, Mr. Strellett asked the witness if he did not think the regulations and instructions to the Revenue Offeers rather old had they been issued recently?

Mr. Lloyd replied that they had been insisted. upon recently.

were

You say that the importance has been relaxed from your point of view?--It is just as important now to trace the source of opium as it has ever been.

|

You have heard the evidence of the present case all through, and you have heard that it was known at one time that the opium was not in the possession of the defendant?--- Well that depends on what you mean by "possession".

Mr. Lindsell:-I think we might say that at some time it w divorced from the defendant's

not have the word "divorce", Your Mr. Strellett:-I would rather physical possession.

Worship, as it implies previous marriage. (Laughter,,

Mr. Lindsell:-Then we will say that that one time it was not in his physical-possession.

"Fixing" Possession,

Mr. Strellett (To Mr. Lloyd) :- And also that it was not expected to be for some later time?

Witness:---No. The evidence was not that. The evidence showed that the opium was expected to come to the Empress Hotel and to go out of the Empress Hotel in possession. of a man, although the witness had a rather vague iden as to who he was, and it required the informant to point him out to them,

You

And so you expected it to come from a place and from a man and to be brought in by a person. must assume that Mr. Lloyd?-Well it would not fly in.

The other persons who brought it in did not know where they brought it from?-Oh no.

Knowing that much, do you think

it is right that the other persons who brought that opium to the Hotel were not traced at the time and "fixed"? Are there not pre cautions taken to see who brought the opium into the Hotel?—No, I do not think that is so at all.

Do you not consider that the C.R.O. should take steps to inter cept the oplum before it goes to the hotel, and to catch the person tak ing it there?--No. the officer exer- cises his discretion.

Some of the Opium. Mr. Lindsell pointed out to Mr. Is it his discretion then to com Sirellett that the witness was look-mence to "fix" a person with pos- ing at it from two points of view. session, where it is known to him He was sure that it was as im- that a whole series of people have portant as ever to trace the source successively been in possession?-- of illicit opium found in the Colony, Yes, but to account for the defendant's A Revenue Officer then who possession of it was not so im-knows that portant.

Mr. Strellett-Do. you continue to lose no opportunity that may of fer itself to trace the source of the opium?I think I have already said that. It is as important now to trace the source of opium as it ever

was.

series of persons have successively been in possession of opium, has the discretion as to when he shall put in an appearance and make an arrest? Yes, I ex- peet him to get the principal.

Mr. Strellett:-Oh. You expoct him to get the principal.

The hearing was then adjourned until Thursday afternoon at 2.15

I put it to you that it may be more important now?That de- p.m.

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Wednesday, 2nd Apr. Chichibu Maru (Maiden Voyage from Yokohama) 4 Apr. Tateuta Maru

Monday, 14th Apr.

SEATTLE, VICTORIA via Shanghai & Japan Ports

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Wednesday, 16th Apr.

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LIVERPOOL via Port Said. Constantinople,

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CALCUTTA via Singapore, Peuang

1 Genoa Maru

SHANGHAI, KOBE & YOKOHAMA.

† Morioka Maru (Moji Direct)

Suwa Maru ---

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Monday, 14th Apr.

Rangoon.

Tuesday, 8th Apr.

Sunday, 13th Apr.

Monday, 14th Apr.

Reduced Ist class Excursion Rates quoted between

Manila and Australia.

For further information apply to:- NIPPON YUSEN KAISHA Tel. Central Nos. 292, 3897 and 3921. (private exchanges to all Depts.

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Sailings from Hongkong,

To MARSEILLES via Saigon,

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8th Apr.

D'ARTAGNAN...... 22nd Apr

ANGERS.

SPHINX.....

6th May. 20th May

G. METZINGER .. 3rd June. ANDRE LEBOT... 17th June. PORTHOS..

1st July. CHENONCEAUX... 15th July,

ANGERS.. SPHINX G. METZINGER ANDRE LEBON PORTHOS....

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22nd Apr. 6th May. 20th May. 3rd June. CHENCNGEAUX... 17th June. ATHOS II....... 1st July. D'ARTAGNAN...... 15th July.

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