CLUB GAMBLING APPEAL.
COURT QUASHES THE: CONVICTIONS.
JUDGES DIFFER.
The appeal against gambling convictions recorded by Mr. Williams, Police Magistrate, in which there were 13 appellants and the respondent was named as Choi Nam, a Chinese police constable, was concluded in the Appeal Court this morning be- fore the Chief Justice (Sir Joseph Kemp) and the Puisne Judge (Mr. Justice Lindself) and the convictions quashed.
Following a police rald on the Sik Yu Club, Queen's Rond Weat, on August 6, a number of Chinese were arrested and charged
in connexion with gambling offences, convictions being record- ed by Mr. Williams in anme cases, while others had their bail estreat- ed when they failed to appear In Court.
Mr. F. C. Jenkin, K.C., to- gether with Mr. it. # H. Lum, Instructed by Messra. G. K. BAB Brutton and Company, was for appellants defendants), while Mr. Somerset Fitzroy appeared for the respondent.
Judges Dier.
THE HONGKONG
TELEGRAPH. TUESDAY, NOVEMBER 3, 1931.
PACIFIC DELEGATES MEET IN SHANGHAI. -
At a moment when Sino-Japanese relations are rather strained, delegates from many countries, including Japan, China, Canada, Britain, Australia and New Zealand, are attending a conference of the Institute of Pacific Relations in Shanghai. Mr. Hu Shih. President of the Conference, le sean seated in centre of row. The Ho ». Mr. W. E. L. Shenton, of Hongkong, is one of the delegates.
CYPRUS SITUATION
IMPROVES.
NA
ORDER RESTORED IN TAMAGUSTA.
London, Nov. 2. Further telegrams received
In his Judgment the Clef Justice said: 1 think that the ease stated fail to raise obvious question of law, L.e. that arising
11 น section
of the Gambling Ordinance. 1. therefore, it should be sent back to the thirte
for amendment questing him (1) to say whether
re
PREMIER'S BUSY TIME.
MR. BALDWIN SEES THE KING.
London, Nov. 2.
CORRESPONDENCE.
Forthcoming Musical Events..
To the Editor, Hongkong
Telegraph.]
Sir.-In the whirl of engage- he finds the three facts necessary from the Governor of Cyprus dur- The Prime Minister has spent a ments during the week of the A.D.C. to bring section 11 into operation. ing the week end, report that the particularly busy day dealing with show. I hope it will not be overlook. and (2) if he does And these facts general improvement in the situa-State matters preparatory toed that one excellent musician- then to add to the case the question is now shared by Famagusta, leaving to-morrow night for a few the Schneider Trio-are coming tion whether section 11 provides Otherwise the situation is un-days' rest at
Lonniemouth.
here to give two chamber music This afternoon, Mr. Ramsay concerts at the Helena May Insti- for presumptive proat of user as changed.--British Wireless.
MacDonald devoted himself to tute on Tuesday and Friday, common gaming house for the of a charge of keeping
home affairs and had consultations ber 17th and 20th at 9.20 p.m. purpose on the occasion of the entry under
with
rid financial The Trie consists of economic
a pianist, the warrant. As. however, my Thursday, Friday and Saturday next, advisers, including Mr. Reginald violinist and celist, and the type of learned brother and I are, unfor- motor cars will not be allowed to park MeKennn,
Josiah Stamp and magic performed by tunately, not in agreement on this in the City Hall Square. Cara which Lord MacMillan. He also attend triss-is one which is
During the China Exhibition on w
'arid'
not the case will not be sent convey people to the Exhibition after a meeting of the Cabinet Com never heard in this
back and we must deal with it na it stands.
the
Octo-
We
p.m. will be required to park in Jack-mittee, which brought together have had individual planiets and on Street and elsewhere.
others, Mr. Baldwin. Sir violinists here, but no Amoung
chamber mu- Herbert Samuel and Mr. Neville
trio has visited as alice the War. Chamberlain.
An additional attraction IN the the King received Mr.
fact they have
Three questions are put in the ataled case. The first in whether there was any evidence on which definite findings that the place in
hich definite findings that fu in a Baldwin earlier in the day, and it get that how her with the harp Magistrate could and commisalon was charged. I think common gaming house, that it was is understood that the general chord, for which music was writ that there
Chul Nam's entered under a warrant issued un-political situation was discussed.ten before the pianoforte was in: was, i.e.
The original Cabinet often vented, and at their second concert evidence that the first defendant der the Ordinance, or that imple- naked for commission and that ments of gambling, i.e.
meets to-morrow. dice
they will devote the first half to n names of the recital of 17th and 18th century the fourth defendant paid $1,201 counters were found there.
cipated that the enlarged Cabinet will be' issued] which was placed in a cigarette
music, using this instrument, fol before the end of the week. lin in front of the first defendust
with Arensky's beautiful lowing wit British Wireleas. depositions, p. 3.).
piaño trio in D minor:
Mr. Lindsell's View.
and
Mr. Justice Lindsell said:-It in Section Not Applicable.
on the following grounds that I hold, with the greatest diffidence, The second question is "whether this case should not be remitted to (proof of) previous user is neces the Magistrate for amendment. Hary before the premises could be Were the case so sent back, it is held to be opened, kept or used na quite obvious that the Police
would
include a fcommon) gaming house.", This | Magistrate question cannot be answered by a necessary findings of fact to simple affirmative or negative, section 1 of the Gambling shall deal with it frst on the ance into operation, assumption that section 11 of the these facts are sufficiently Gambling Ordinance. 1891, does not apply in this case.
the
dia-
It is not anti-
INDIAN TAILORS'
DISPUTE.
LEAVE TO APPEAL GRANTED.
The works chosen for the frat contort are a Brahms trio, and Ce sar Franck's trio, with an interès- ting set
of piano pieces entitled Pictures from an Exhibition by Moussorgsky.
Advertisements will appear in due course, but the amount of advertis Ing that can be done is relatively small, as the seats are priced at $4 and $3. and even if the hall is fair-
.
In the Appeal Court this morning, closed by unchallenged evidence before the Chief Justice (Sir Joseph ly full the receipts cannot amount in the record, but I do not think Kemp) and the Puisne Judge Mr. to very much. The Hongkong Musi It is clear, I think, from R. v. that at this stage any such amend-Justice Lindsell) leave to appeal was cal Society, in giving the concerts Davies (1897), 2 Q.B. 199, and ment of or addition to the case grunted to an Inlina taller appellant its full support, must therefore Martin v. Benjamin (1907), 1 K.B. stated as is likely to provide the against a judgment delivered in the count to some extent on the indivi- 61, that an isolated instance of respondent with a new and un-Summary Court against him and the | Jual efforts of music-lovers in bring
onease was adjourned sine die, the use of premises for such pur-sought for weapon should, poses an playing an unlawful game; principle, be allowed.
"exercising" a
at amount to using or keep. ine the
for premises
a lottery doca
RADIO BROADCAST
CONCERT ITEMS FOR TO-NIGHT.
The radio programme to be broad- cant by 2. H. W. on a wavelength vi 356 metres to-day 16:
6.00-8.00 p.m. European pro- gramme of Columbia records.
6.00-5.14 pm. Band Selections. The Voice of the Guns (Alford). Triana (Lopez),
Second to Nona (Ord Humo).
El Abanico (Javelsyes).
The Reg. Band of H. M. Grenadier Guards 3844-4069.
6.14-5.28 p.m. Hawaiian Music.
[slo of Oahu.
Waters of Waikiki.
Dreamy Nights in Honolulu.
The Farmer's Dream.
Frank Ferera (Steel Gultar),
9745-8744.
6.28-5.42 pm. Octets. Cavatinn (taff arr. Sear). Melody in F (Rubinstein arr. Sour), Baby's Sweetheart (Corri). Chanson (Friml).
The J. H. Squire Celeste Octet. 4154-3897. 6.42-0.24 p.m. Variety. Band-The Good Companions-
Going Home.
Band-The Good Companions-
Slipping Round the_Corner.
Debroy Somers Band. CB900. Vocal Duet-Waiting for the Moon. Vocal Duet-Every Bunday Afternoon. Layton and Johnstone. 3856, Plano Selo-Wagneria (Airs from
Wagner).
Piano Solo-Chopinata (Aire from
Chopin).
Clement Doucet. 4636. Descriptive Dust-The Laughing Policeman Up-to-date."
Charles Penrose and Kaye Connor. 5682. Instrumental Dust-A Blues Serenade,
Len Fills and Sid Bright. Banjo Solo-Butterfingers.
Len Fillis. 4920. Song.Come to the Cook-house Door. Song-The Skipper of the Mary Jane.
Harold Williams (Baritone). 4888. 7.00 pm. (Stock quotations, mail notice, etc.),
6.24-7.18 p.m. A Concert. Piano Solo-Country Gardens
(Grainger).
Plano Solo-Shepherd's Hey
(Grainger).
Percy Grainger. D1804. Song-Softly Awakes My Heart
(Saint-Saens).
Song-Homing (Salmon and del Riego), Muriel Brunskill (Contraito). 3328R. Violin Solo-The Phantom Melody
(Ketelbay).
Violin Solo-Algerian Scene
(Ketelbey).
Albert Sandier. 1803. Chorus-O Peaceful Night (German). Chorus-O Hush Thee, Diy Babie
(Sullivan),
The Salisbury Bingers. 4298. Plano Sofo-La Campanella (Llart),
Mischa Levitzki 2039-M. Song-Til I Wake (Woodforde-
Finden).
Song-The Kashmiri Song
(Woodforde-Finden).
Edgar Coyle (Baritone), 1605R. 'Cello Soln-Sonata in G Major-Vivace
(Hammartini arr. Moffat). 'Cello Solo-Allegretto (Boccherini-
Kreisler).
Antoni Sala. 4268. 7.18-7.32 p.m. Orchestral. Paysage (Hohn ). Jean Lensen and His Orchestra. 4011, Second Serenade (Tonelli arr. Gachi), Chanson Hindoue (Song of India)
(Rimsky-Korsakow arr. Krelalér}; Jean Lensen and His Orch. 3919. 7.82-8.00 p.m. Solections from the Operas played on the Organ and Piano.
Organ Solo-Frederica-D Maiden, My
Halden (Lohar).
Organ Salo-Fredericn-Wnyside, Rose
(Lohar),
Quentin M. Maclean. DB277. Piano Solo-Rosenkavaller-Fantasy on
Love Themes (Strauss arr. Grainger),
Porey Grainger, DB28.. Organ Solo-Cavalleria Rusticana-
Intermezzo (Mascagni). Organ Solo-Tales of Hoffman.
Barcarollo (Offenbach).
Terance_Casey, DB150, Piano Solo-Rigoletto-Paraphrase
(Verdi arr. Liszt).
Irene Scharrer. DB76. 8.00 p.m. Local time and weather report.
0.08-11.30 p.m. Relay from Ko Shing Theatre.
10.80 p.m. Rugby mid-day press 11.80 p.m. Close down.
ing them to the notice of likely sup In this case Ghulam Hussain, No, porters. 19. Pilkem Street, Kowloon, Indian
I trust that those who read this The effect of section 11 was not tailor, sued Muhamed Nazir, re-letter and would like to attend apparently relied on by the
contructor, gimental tailor
for will make a note of the dates and do any Magistrate. It was naturally not $344.21 as money paid by him on their utmost to ensure a good atten- such purpose. I am not, however, raised by appellants' Counsel, and behalf of defendant to a "prepared to say that the prosecu
man dance. I would specially appeal to it is possible that Mr. Fitzroy tion muat, in all cases. directly would not have argued it had not named Ibrahim on April 8, 1931. the many Chinese in the Colony who
the It was held in an actual Instance prove
or in-
Summary are known to be interested in Wes in-we, ourselves, first raised it. stances G. previous
Court that plaintiff was entitled to tern music, but, who did not respond URCE. I can сал quite imagine a case in which the Had it been thought essential succeed and defendant is appeal to our request for support for the mere arrangement, Atting up, to respondent's case to secure this ing.
Youra Guiler recitals. notices and appearance of a place, amendment, application to amend
Appellant defendant is represent. Another musical event of great would entitie a Magistrate to infer could have been made to the ed by Mr. F. C. Jenkin, K. C., Interest is the Heifitz recital, which that it was kept and used for the
Magistrate before the case was structed by Mr. A. el Arculli, while everybody is already talking about. hoard, under section 100 of the Mr. A. M. L. Soares, Instructed by The
dato exact
IMURE. not yet fixed, but purpose of playing a game
Magistrates Ordinance, No. 3 of Mr. M. A. da Silva, Is for respon it will probably be about the end of games of the classes referred to in 1890. Section 2 (1)
dent (plaintiff). of the Gambling
Yours etc., the month.-
A. M. BOWES-SMITH- Ordinance.
Hon Socy. Hongkong Musical Society.
*
No Evidence, of User.
I now pass for the moment
ets neither
those facts
in- are re- that
*
we are
SPEED RECORD FLIGHT CONTINUED.
BUTLER WELL ON WAY TO AUSTRALIA.
Hongkong Transport. Sir, I shall be grateful if you will allow me a space in your valu- able paper.
of actual previous paer nor bring the Mate based his three Aleppo at noon.to-day continuing the town have to use both tram and i
hups.
the
of
Questions of Law. Admittedly we, ourselves, raised ocation of the section and heard
the question of the possible appli the third question in the stated argument thereon, but I do not case, ie, whether there was any think that in the absence from evidence on which the Magistrate the stated caan of the material could find that there was previous findings of fact which must be user. I think that there was not embodied therein before that
Unfortunately the Hongkong The facts which he cites do not
section can apply that
London, Nov. 2. Tramways, Ltd. has no concession seem to me to support that
entitled to go any further than
Mr. Charles Batier,. who left for running their buses from ono. ference, even when they
the questions of
at-end of the business town to the cumulatively,
lawLympre on Saturday, in an I think
Bet out in the ease.
Britain to other, and in consequence their po tempt to break the to proof amount
of fact on which Australia flight record, reached trans who are staying in one end of the case within what I may, per
conclusiona are, on the face of
bus in order to gain time and speed the self evidence class
a little later for Basra.
tat case refermed
end of them, completa. The effect of re-
He is using ont of the smallest to reach their destinations. mitting the case to him now for
May I suggest that the Tranways paragraph three above.
aeroplanes in the world-British will be to include new Wirelcas.
Co. will considckets, charging
when amondment
Issuing This, however, doce not
not disposo
A of the
Andings of fact and a new con-
their monthly remains socclusion dray matter. There
drawn therefrom, fe, to
few dollars extra so as to make tlon 11 of the Gampling Ordinance, recolour and reanimate the whole 1891. I think that that section case. I do not think that we ought
them good for both services? (The Bus monthly Hongkong Hotel provides for presumptive proof of
of to take advantage of the provi:
tickets are good for two routoa). user as a common gaming house for sions of section 101 of the Magin
I would like to hear from other for the tra fill puspos & ecovicon of persons the case, as it stands, I
trates Ordinance to this extent.
renders on this suggestion.-Yours, agree charged with playing The words with my brother that the appeal
SPEEDY UTILITY. are, "Evidence
that the place must be allowed and the ... that
convic- is used.
and that the persons or quashed.
Air Commodoro Charles Rath- Lieut. Col. Robertson, Hongkong cre playing." It thus, .word
unless Mr. Jenkin applied
for an bone, Senior Air Staff Officer of Club, will be glad to receive any arti tho
presumption la rebited, disorder for costa to be taxed, an the Inland area, has been appoint cie which may be giren to be auctioned penner with the necessity for any application against which Mr. od Air Offer Commanding Royal on Armistics: Day for the benefit of proof of actual previous her. The Fitzroy argued, After both Air Force in the Mediterranean Earl Hal Fund, and earnestly hopes Magistrate, however, did not rely counsel had been heard, their with effect from February 1, 1932, that a good response to this appeal on this section. It is not rised in Lordships reserved judgment on in place of Alr Commodore Forbes. May be made... Ha la encouraged to the stated case and there are no the point.
99: appeal again this year owing to the | very generous gifts sent laet your.
الله
NEW AIR CHIEF.
COM. RATHBONE TAKING OVER R-A.F. COMMAND.
London, Nov. 2.
„British Wireless::
etc..
All records in the above European programme are kindly supplied by Mesars. Anderson Music Co.
AYRSHIRE COWS FOR H’KONG. DAIRY FARM'S NEW STOCK OF PEDIGREE CATTLE.
In connexion with the order for registered Ayrshire cows from the British Columbia
Ауг shire Breeders' Association by the Hongkong Dairy Farm, it is understood that 100, and not 50, head have been ordered, and they will be shipped at Vancouver on the Blue Fannel steamer Tyn- dareus about the middle of next month.
The consignment will prise of Friesians, Ayrshires and Friesian Jersey grades, and w
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66
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'hing his wit. It · coriainly soorzi chen, as “many” know. He has scared off the
the":
be from three to six years at time of freshening. The Dairy Farm Company had 100 head from the
dencé columra. . But of"co same source this spring, and these
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(Continued from Paga 8.) a good account
was right princely fortuno to collapse ne ft Mibler (4) themselves.
Thirty pedigreed Ayrshire cows so tragically did in the financial and/or halfers are en route from catastrophe of 1920. If we had term of to-* Scotland per s.a. Glenshiel, while risen to our luck it would not be of the Bas 20 pedigree Friesian cows and a fact that Beecham did not last us will de
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"Explain it why cen There aru|hear
perhaps some who cannot forgive duet)