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WEMBLEY MILITARY TATTOO
By
THE BAND OF H. M. GRENADIER GUARDS AND STADIUM CHOIR.
Record Nos 9073–9075.
The Anderson Music Co., Ltd.
St. George's Building.
Ice House Si,
COOK'S
AND
WAGONS-LITS
WORLD TRAVEL SERVICE
T
E L
EUROPE
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THE HONGKONG TELEGRAPH,
OBJECTION TO A PROSECUTOR.
AUTHORITY OF MR. H. R. BUTTERS QUESTIONED.
DECISION RESERVED.
SATURDAY, MAY 3, 1930.
the
Mr. Butters: Assuming these injuries were inflicted in the course of chastisement, would you regard them as excessive?
Witness: I don't think I should. The child was not badly hurt.
In reply to Mr. Hugh-Jones wit- ness intimated that it was usual
dressed. Chinese,
witness, for Chinese not to have an ulcer wandered about with serious sores with no dressing.
said
The Defence.
Decision Reserved.
ulcer and the finger, were Mr. Hugh-Jones remarked that dressed in hospital. Witness men- the remedy was very simple. Iftioned that the recent wounds were only Mr. Butters put his own name from three to five days old, while down as the complainant, the case the others varied. The fractured finger and the dislocation of the could be proceeded with.
After further discussion, his elbow were old wounds and might Worship said that what he could do have been caused a year ago. was to remand the case for Mr. Butters to obtain, and he had no doubt he would obtain, legalised Authority to appear in Court. Basing his contention on that Mr. Hugh-Jones intimated that, part of the Magistrate's Ordinance as he had pointed out previously, he which lays down that every com-was not objecting on behalf of his reluctant to keep plainant or informant in a case client and was shall be at liberty to conduct the the defendant in prison for an extra complaint or information respec- period. tively, and to have the witnesses examined and cross-examined, by counsel on his behalf, Mr. G. S. Hugh-Jones argued, before Mr.
The case for the prosecution hav- Whyte Smith at the Kowloon Magistracy yesterday, that Mr. H.
ing closed, Mr. Hugh-Jones called Dr. J. Durran, who said that he R. Butters, Assistant Secretary of Chinese Affairs, being a non-legal Outlining his case, Mr. Butters agreed with the evidence given by man, was not authorised to pro-said that on April 26 as a result Dr. Smalley as to the nature of the secute in a mui trai case which of information received by letter, injuries found on the girl, with came before the Court.
instructions were given to Inspec- the exception that when witness was then left. He tor Murphy to raid 68, Laichikok examined her, some days later, only Road. The officer found the de- one bruise fendant and a little girl on the noticed several scars.
The girl showed various Answering Mr. Butters, witness floor. bruises on her person and pointed said that as a medical man he would out the defondant as the person who have put something on the girl's ulcer and her finger if she were had
taken to him for examination. Witness agreed that if the scars he had seen were the result of wounds enused by chastisement such punish- ment would have been excessive, but he did not know that. the wounds had been due to chastise-
Mr. Hugh-Jones, pointed out that no person was allowed to con- duet any proceedings before his Worship with three exceptions. The prosecutor had to be the con- plainant himself. his counsel or his solicitor. Before going into the matter Mr. Hugh-Jones traced the machinery of legal procedure from 1820 to the present day.
Hugh-Jones. quoted the Mr. Magistrate's Ordinance which, he said, definitely and rigidly described the procedure to be adopted. After referring to Section 13, Sub-section 2, mentioned above, he drew atten tion to the definition of "counsel" which meant any barrister, advocate or solicitor having the right of audience before any court in the Colony.
It was finally agreed that his Worship reserve his decision on the case be procceited point and the with, with Mr. Butters as the com- plainant but that his Worship should at some date give a ruling for future cases.
inflicted them. She also pointed out a piece of rope with which she alleged she had been tied whilst the punishment was being inflicted.
Girl's Injuries.
were numerous
Zon-
The medical evidence showed that there tusions on both feet and legs, some of them being of recent origin while others were old. There were some recent bruises on the right buttock and on the outer side of the left hip. On the right hand the girl had an old fracture of the middle finger Mr. Hugh-Jones mentioned that with a septic wound on her first Two marks were visible on the practice of police officers con- finger. ducting cases had often been con-her wrists, suggesting that her demned at Home as an irregularity, hands had been tied. There was an although police officers could pro- old ulcer on the right elbow joint secute if they were the complain and a fracture dislocation on the left elbow.. On the upper lip was a small abrasion.
STEAMSHIPS-RAILWAYS—AEROPLANES-HOTELSants or informants themselves.
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HEAR EL AMOR BRUJO
20067
(Love, the Sorcerer)
BY ТПЕ
London Chamber Orchestra
20075/7
20072:4
BRUNSWICK RECORD NO 9000;8
In a Persian Market \ Brunswick In a Monastery Garden j Concert Orch. H.M.S. PINAFORE
Parts 1 to 1.
THE MIKADO
Parts 1 to
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Other cases were mentioned in which certain officers were given authority by Statues but they were allowed to conduct cases only where statutory authority had been given.
ment.
The defendant gave evidence and admitted that she had chastised the girl on occasions. She had al- ways used a feather duster but had neye tied her up. The girl's be haviour was never very good.
Cross-examined by Mr. Butters, witness said that the girl had never had the freedom of her fingers even since she was sold in 1928 to witness.
}
Heavy Fine Imposed. After both Mr. Hugh-Juues und Mr. Butters had briefly addressed Continuing. Mr. Butters mentioa- the Court, his Worship said that ed that in her statement the defen-when he first heard Mr. Butters ay, at the beginning of the case, dant admitted beating the girl.
Evidence was given by Inspector that the girl had had her fingers Murphy of the raid, while the girl tractured, he thought that it might stated that she had been beaten by be a case where he would find that
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In the present case there was no officials of the S.C.A. to appear. The complainant had to appear in person or by a solicitor or counsel.
S.C.As Numerous Dutles. Mr. Butlers argued that the charge, being brought under the Protection of Women and Girls Ordinance and the working of that Ordinance being under the S.C.A. with frequent reference being made to him, the S.C.A. could not be ex- pected to personally perform all the duties imposed upon him by the Ordinance.
Quoting the Interpretation Or- dinance. Mr. Butters pointed out! that where reference was made to any person by the term designating his office, such term shall include the person for the time being executing the duties of such office as well as such other person as may be appointed to perform any por- tion of such duties.
His Worship Intimated to Mr. Hugh-Jones that that was rather a strong point in favour of Mr. Bultery
Mr. Hugh-Jones disagreed and thought it was more in his favour. He pointed out that any prosecu- tion under the Women and Girls' Ordinance had to have the sanction of the S.C.A. but the S.C.A. had no need to sanction his own case. Mr. Hugh-Jones admitted that it was his right of delegation. He said that his duties were only to sanc- tion a prosecution but if he brought a prosecution himself then he was not delegating,
Resuming. Mr. Butters said that he was appointed assistant of the S.C.A. and in particular to assist in the work in connexion with the protection of women and giris. Ie submitted that he was the person skilled in the work of the Or- dinance.
Бесл The practice hud for the Assistant S.C.A. to con- duct such prosecutions and he was not as a result usurping the prero- gatives of the legal profession. The assistant of the S.C.A. was the. person skilled in the practice and the proper person to bring the facts before the Court.
She had been tied up with rope in view of Dr. Smalley's evidence when the punishment was inflicted. he had rather modified his opinion.
When Mr. Hugh-Jones rose to examine the girl, after an adjours ment, she declined to answer ques- tions and the defence was deprived of the right to cross-examine her.
Continuing, his Worship said that there was one thing that was very much in favour of the defence, and that was Dr. Smalley could not say if either of the fractures had In his evidence Dr. J. T. Smalley. been caused within six months and who examined the girl, said that his Worship did not think it would there was nothing serious about her be a fair inference to say that they
(Continued on Page 3.) her wounds. condition. Some of
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