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THE HONGKONG TELEGRAPH, FRIDAY, DECEMBER 26, 1930.
MAN "SAVING HIS`
OWN FACE.”
BENCH CRITICISES A
PARTNER'S ACTION,
The case against Kwan Cheong, accountant-partner In the Kwonk
MATSHED BURNED
OUT.
OUTBREAK OF FIRE IN D'AGUILAR STREET.
Cheong Loong Hug Kee firm of vicinity
on
who www
JAPANESE DIET CONVENED.
OPPOSITION'S EXPECTED ATTACK OUTLINED.
Tokyo, Dec. 24 Sonte alarm was caused in the
of D'Aguilar Street The Diet was convened for this afternoon at morning and will be formally pig-dealera,
Wednesday charged
about one o'clock when Are opened in the presence of the Em- with embezzling over $34,900 of broke out on the roof of Naperor
an the 26th inst. Both the company's funds, was cun- 32. The Fire Brigade was mum-louses will then adjourn on the cluded before Mr. Lindsell, at the moned but the blaze was almost put 28th inst. for the New Year reccas, Central Police Court on Wednes-out by the inmates by the time the until January 21, when the Diet
will settle down to real business. fire engines arrived on the scene.
day.
For the accused, Mr. F. C. E. It appears that a matshed, about, Rendall submitted that proof was eight feet by six, was erected on Iacking of the misappropriation the roof of. No. 32 and was used of any specifle sum at any specific
The outbreak an a alore-house." date, and declared that the de- was flères whilst it lasted but there ficiency of the general character was ng danger at all of it spread- suggested, was absorbed by losses ing. The matshed was totally burn. ed out, otherwise no damage was
in trading.
For the complainant, who is done. fellow-partner and brother-in-Inw
of the accused, Mr. D. L-Strellett
As the Government party have a clear majority, 276 members as com- pored with the Selyukat 171 and other parties 22. sèrlour opposi- tion to proponed Bille is not anti- cipated in the Lower House, though the Labour Union Bill, which the Government are anxious to have paased, is expected to be shelved by the Peers.
pointa
The main attack of the Oppoai- held that the shortags occurred at be mlasing. It may have been lost tlon is expected to be directed n time when the balance should or stolen or Jent. I am naked to against the Government's alleged have been there. Accused being infer that defendant must have failure to take proper steps to in role control of the financial applied it to his own purposen. Adeal with business depression. nide of the concern,
Are the act of Court can draw no such inference; while the Government
also embezzlement, said Mr. Strellett, it must be satisfied that the money likely to be attacked on the ground was complete even if the accounts was in fact frudulently misappro- that the decision to float unemploy- were correct. He proceeded to priated. Of how, when or where, ment relief bonds is tantamount to quate n mumber of authorities re-ane atnele cash was stolen or em-a reversal of the polley of no loan plying to the importance arguedį bezzled by kis defendant there issue. by Mr. Rendall, of proof of em-fis no evidence whatever.
Other
whereon the bezzlement of a specific sum at a Granted the defendant failed to Government are expected to be at- speelfie date, and pointed out that bring to account in hin cash book tacked are the oppressive alitule there was that proof in respect of various sums of money reecived by toward the Prews and allered mal- an item of $100.
the firm, is it not equally possible | administration in Formosa, result The position of washiers in the that he failed to enter up, itemsing in the recent uprising of the Colony, Mr. Strellelt concluded, of expenditure incurred by the aborigines.
While the Minseito majority must be an eviable one if they firm? were able to take a little bli here. Furthermore, defendant's ne-in the Lower liouse should assure a Bttle bit there, and at the endtions are
not those of a guilty the Government's ability to wea
of internal strife: of the year get out of an awkward man. He does not abacond or nt-ther the storm position by just preacuting a gen-tempt to cover up his tracks. Therer the question of party leader-) eral defciency in the balance missing money is all accounted ship, if Shy, Hamnguchi is unable sheet.
The Decision, His Worship gave his decision As follows:
"It is clear from the authorities that to prove the crime of embezzi. ment the wrongful and fraudu
for in one or other of the firm'a to attend the Diet after the New books, and it is common ground Year reccas, it may tend to weaken that after the warrant was issued the Government's position to some though probably not defendant returned to Hongkong extent, voluntarily to face the charge seriously.-Reuter, made against him.
Charge Bad.
do-
the bitter end I should almost cer- Finally, the present charge as tainly discharge the defendant on lent misappropriation of money it stands is obviously bad. The the merits. I was not at all im- mua! be established. fa the
by complainant's words of Baron Alderson in his total of over $34,000 which depressed judgment in Rex. v. Lloyd Joner fendant is alleged to have embezzl. meanour in the witness-box, and Tin-man hardly "It is not sufficient to prove at the which complainant claims to have whole evidence is not euch ne
ed includes a sum of $19,000 though Chan
runde a creditable witness, the
have been stolen.
handed to him in ments at
trial a geral deficiency in ac count.
four Instal. Some specific aum must: be proved to be embezzled, in like
the beginning of the jury could reasonably necept. At: Had defendant ap-any rate, I am inclined to think manner as a larceny, some parti Kei Chi year. cular article must be proved to propriated this.aum it would have that the complainant was endea
been larceny and not embezzle vouring to save his own face at the defendant. ment in that the money was n the expense of Even if, as in Ref. v. Balls, ready in the ownership of the firm. Defendant is discharged." partner can properly be convicted,
The case has beca an' excep. A similar objection seems to of embezzling the aggregate off certain aums which he had recely. Apply in the case of the other sumtionally long one, the hearing hav
involved. ed for and on behalf of his firm
Even anauming there ing occupied 24 sittings of the was misappropriation we are left;
Court and spread over a period of and for which he is liable to ne-lentirely in the dark as to whether more than two months. count but has failed to do so, mere it was committed in circumstances failure to account is not per amounting to embezzlement or lar- enough: it must also be proved
селу. It is a clear principle of APARATE DO SUNG that defendant in fact misappre law that every accused person printed some money, This case entitled to know the exact nature approximates to that of Rex. of the charge or charges he has Lambert,
to face. Here there is no such exactitude. In fact we come back to Rex.
v. Jones-the criterion
A Question of Fraud.
Is
The real point of these findings nid down by Baron Alderson can- lies not so much in the necessity not be applied.
to establish a definite sum as em bezzled, but in the establishment
Defendant Discharged.
of fraud through the actions and, On these several grounda. or savings of the accused. In the hold that the defendant has no present case there is not an iota case to answer and he is accord- of evidence to show what happen- ingly discharged. I may add that ed to the money that appears to evon were this case fought out to
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