OPIUM ORDINANCE
CROWN APPEAL RESULT
MAGISTRATE
UPHELD
An important decision by the Full Court of Appeal with regard to the construction placed by them on the amended Oplum Ordinanco of 1982 was given by the Chief. Justico, Mr.. J. R. Wood, and the Puiano Judge, Mr. R. E. Lindec!), at Supreme Court this morning.
The full judgment will be pub Hshed this afternoon,
The appont, which was brought. by the Crown to obtain a legal ruling on the point, was dismissed and the decision of Mr. Butters, Polleo Magistrate, was uphold.
Revenue Omcor R.A. Trengrove'a iamo appeared as prosecutor, but the Assistant Attorney General, Mr. J. A. Fraser, stated that he did not seek a penalty against LI -Ha, the respondent, who was merely brought up as party to a test caso.
RIGHT DECISION.
THE HONGKONG TELEGRAPH. WEDNESDAY, NOVEMBER 8, 1933.
Photo taken after the wedding of the Rev. Courtney Jacoba and Mies May Farmer, which took place at the Wesleyan Church.
respect of this offence, and that The Chief Justice sald:-The this responsibility should exist sub-section under which the irrespective of whether such per-Į charge in brought reads as lowa: "No person being the It was further submitted that the fol-sons are guesta or sub-tonants. 'owner or occupier of any pre-
mises, or having, or acting or as-Courts of the Colony would as- alating in, the management or consume judicial knowledge of a prac- trol thereof, shall knowingly suffer tice under which a principal tenant! any person to use the same as an opium divan."
In the Case Stated the Magis trate has set out the following facts as proved on the part of the Appellant (1) that the ground
Or.
MR. JOHNSON'S VISIT
TO NANKING
།་་་
U.S. Minister To Discuss Diplomatic Questions
exorcised a tutelage over all per- Courts would therefore favour sons on his floor, and that the this Interpretation of the
Nanking, Nov. 8. dinance. This contention, in my to China, who is starting on a tour Mr. Johnson, American Minister stew, is an endeavour to insert a of south China, is expected to floor of 280 Tal Nam Street was meaning into the' section ronted by the Respondent for its language does not warrant.
which arrive at Nanking to-day by train. $27.00 a month: (2) that the Re-It would have been quite easy to cles that Mr. Johnson's visit to the It is learned in diplomatic cir spondent had two months lously to her alleged offence sub- any premises is used as an opium seeing and that he will approach pre provide that where a portion of capital is not entirely for sight- let the two rear cubicles (the divan the principal tenant receiv-the Chinese diplomatic authorities second and third cubicles) on the ing rent in respect of premises on certain diplomatic problems. floor to Hui Chim at a rental of so used should, unless he could $18.00 a month: (3) that she her-prove his innocence, be liable to a severa i
He is expected to stay here for self retained for her own accom- penalty.
days-Central Further, speaking for Agency. modation the remainder of the myself, I have no judicial know- Hoor, which included a shop and ong cubicle: (4) that on the date
of the alleged offence the second
and third cubicles were being used by Huf Chim as an oplum divan.
The Magistrate further found that the second and third cubleles were the ordinary type of Chinese tenement cubicles with open door-] ways opening on to à corridor ad- mission to which could be obtain-
ledge that a principal tenant of a floor in this Colony exercises any!
News
supervision over the conduct of a GENERAL FANG IN
sub-tenant. In the present case in the meaning of the section was the occupier of the premises with- Hul Chim and was not tho Re- spondent.
KNOWLEDGE ISSUE.
The Prosecutor further did not,
as an
SHANGHAI
MYSTERY CLEARED
UP
Canton, Nov. 8. The mystery surrounding the
MR. E.. F. WISE DEAD
ECONOMIC ADVISER TO RUSSIA
(Our Own Correspondent).
"IL;" EL
(lly Telegraph. Copyright. Telegraph lò· Meo- pagra Ordinance, 4894, Received November A'3.18 p.m.J
London, Nov. 7. The death has occurred of Ed- ward Frank Wise, the Economic Adviser in respect of, foreign trade to the All-Russian Contrat Union of Consumers' Co-Operative Socletics since 1923.
RADIO BROADCAST
TO-DAY'S BROADCAST.
SELECTIONS FROM STUDIO BY
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365 metres:
From Z.B.W. on a wavelength of 4.30-7 p.m. Chinese recorded pro- gramme. Concert
6.6.15 p.. Children's Studio-
7-10.30 p.m. Earopean programme. 7-7.40 p.m. Operatic, Selections Dand-Tannhauser-March from Z.B.W.'s Library
(Wagnur).
Band of 11, M. Coldstream Guards... Orchestral-La Bohomo-Selection
(Puccini).
Band-Tales of Hoffman-Selection
Groot and the Piccadilly Orch. (Offenbach).
Mr. Wise studied law after Icaving. Cambridge, and was ad- mitted a barrister in 1911. Ho was junior clerk in the House of Commons in 1907, and was ap- pointed Sub-Warden of Toynbee Hall in 1911. The following year was acting principal clerk to the
Band of H. M. Coldstream Guarda, National Health Insurance Com-Band-Cavalleria Rusticana misslon, and from 1914 to 1815
Selection (Mascagni). was secretary of the
Creatore's Band. Auglo- Band-Aidi-Introduction and Russian Supplies Committee at the War Ofico."
Moorish Ballet (Verdi). Band-Aida-Grand March and
Finale (Verdi).
In 1916 ho was appointed As- sistant Director of Army Con- and raw materials, and the fellow tracts, being in charge of clothing ing year was principal assistant to the Ministry of Food. In 1918 he became Chairman of the Inter- Allied Oilseeds Executive and a
-7.40-8 p.m.
Creator's Band.
Orchestral-Jog Along Fox Tret. Orchestral Gypsy Fiddles Fox Trot,
A Programme of records kindly donated by N. 9.
Orchestral-I'm Gettin' Sentimental
Ray Noble and His Orchestra. Over You-Fox Trot
Like to Go Back in the
member of the Food Council, and Trot in 1919 he was one of the British delegates on the Supreme Econo- mie Council, and chairman of the sub-committee on Germany, and Paris.
Orchestka wo Buck Tim from
Jackson and His Orchestra.
Orchestral-You're Mine. You!-
Timbuctoo-Fox Trot, Fox Trot,
DEATH OF SIR O. Libra
BOSANQUET
FORMERLY OF THE I.C.S.
(Our Own Correspondent). fly Telegraph Copyright. Telepraphic Me sages Ordinance, 1891. Bieriord· November 1 1.25 pm)
London, Nov. 7.
Sir Oswald Vivian Bosanquet, formerly of the Indian Civil Sor vice, has died at the age of 67.
He joined the ICS., in 1887, and served in the Indian Political Department in 1890. Ho saw SOY-
Secretary to the Government of vice in Hyderabad and Rajputana, and from 1895 to 1898 was Under
Ray Noble and Its Orchestra. 8 p.m. Local Time and Weather Report.
8.3-8.85 p.m. A Concert (Selected Violin Solo Introduction et Rondo
Song By the Waters of Minnetonka
Capriccioso (Saint-Sacra).
Renee Chemck. Song-The Lass With the Delicato
Air (Arno),
(Lieurance).
Mavis Bonnett (Soprano). Piano Solo Faganini Etude in E
Flat Major (Llast-Busoni). Piano Solo-Danse Exotique
(Horowitz-Domeny).
Som-The Roadside Fire (Vaughan
Vladimir Horowitz. Williams). Song-Bright is the Ring of Words
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Cello Solo-A Dream (Bartlett).
Stuart Robertson (Baritone). 'Cello Solo-Traumeret (Schumann). Hang Kindler. Transcription. Pro-
8.95-9 p.m. gramme.
0-9,30 p.m. From the Studio.
Dance Orchestra from the Hongkong
9.30-10.30 pm. Selections by The Music Makers. A relay of the Hongkong Hotel
ed by either the front door or the in my opinion, discharge the onus rear door of the floor. It appoarelying upon him of showing that from the evidence in the deposithe Respondent know of the use fate of Fang Chen Wu, a rebel lons that the Respondent was ar reated on the floor and that at the by Hul Chim of the second and leader against the Nanking Gov- India. In 1899 he was political Hotol Grill Room by courtesy of the the oplum dan was being con- this particular onus had not been Mr. Klang, who is bringing Fang Department from 1911 to 1918. the Studio).. Whether the Magistrate held that appearance hero of his delegate, special duty ducted a smell of oplum pervad- ing the floor. No avidonce, was discharged is not very clear in Chen Wu's letter.to-the --Canion From 1918 to 1020 he was agent |
in the Foreign recorded music will be broadenst from called to show that the Respon- the Stated Case. A guilty know authorities.
10.30 p.m. Close Down. dent was in any way concerned ledge will include three elements
Central India, when he retired.
the Governor-General with the management of the divan or that she had any control over the second and third cubicles. On those facts the Magistrate held that the offence charged had not been established.
In my opinion the Mingistrate
reached the right decision.
ONUS ON CROWN.
According to Mr. Kiang, General (1), that' the premises were used Fang is quite safe and is living in as the resort of persons: (2) that retirement such persons came to smoke oplim denied all reports of its death or at Shanghai. He. there; and, (3) that they either arrest-Central News Agency." bought their opium there or paid
a fee for the use of the premises
for aplum smoking. It seems to
mo that the mere presence of the THE PANTER CASE
principal tenant upon the premises.
in an insuffiolent ground to find all those features
In order to establish the charge knowledge the Prosecutor must prove (1) kor.
of
guilty catablished against
SETTLED
Finally, it was incum-NOW FREE TO RETURN
TO GERMANY
London Nov. 7. House of Commons to-day that he The Foreign Secretary told to the Ihad made vigorous representations
that the defendant was at the bent upon the Prosecutor to material time the "occupler" of show that the Respondent had the "premises" used na an opium suffered the use of these premises ivan (2) that she know herself as an opium divan. The word of the use of such premises for "suffer" seems to me here to mean the purpose of an opium divan; something more than to remain
and (3) that she suffered some person so to use the premises.
to
JUDGE NAPIER
DEAD
ONE-TIME LIBERAL
M.P.
(Our Own Correspondent).
of
RETROCESSION PROBLEMS
ALL SETTLED SAYS GEN. KOAMURA
Peking, Nov. 8. General Koamura, vice-Chief of Staff of the Kwantung Army, yes- terday completed his conversation with General Huang Fu, Chairman of the Peking Political Council,
By Talagraph. Copyright, Telegraphis Hand General Ho Ying Chien, Chair- paper. Ordinance, 1811, Racaived November man of the Peking Military Coun
3.43 p.m. passive and inactive. It suggests regarding the arrest of Mr. Noel Honour Judge Thomas Bateman fore proceeding to Changchun to London, Nov. 1. cit, and from now on he will spend As to the first point, the word charge is brought has aftor illegal of Daily Telegraph, through the the Senate of the University of upon the results of his mission,
The death is announced of His a few days here in sight-seeing be- that the person against whom the Panter, the Munich correspondent Napfor, Follow and Member of report to the Kwantung Command "occupier" has not been defined in act of keeping the oplum alver had. German Embassy in London and London, tlle Ordinance. It is distinguish been brought to her knowledge, "owner." The ordinary meaning prevent the act by an interference Gorman Foreign Minister that "no Member of the Senate in 1805, and trocession of the ex-war zone had ed in the section from the word omitted to intervene effectively to the British Embassy in Berlin.
In an interview, Goperal Koa- He had now been informed by the
mura said that the outstanding of the word is a "tenant in oe which was open to her without a
Ha was elected as Fellow and problems arising out of the re- cupation." The Respondent was breach of the law. It has not order of expulsion has been made was twice Chairman of the Corboon satisfactorily settled as the the tenant of a whole floor. She been shown that she could have against Mr. Panter and he is theroperate Property and three times result of his negotiations with the was a tenant in occupation merely taken any action to obstruct the foreface to return to Gremany as Chairman, of the Parliamentary Chinese authorities. she retained for herself, namely; she herself entered these cubicles agalust him."-British Wireless.
of that portion of the floor which keeper of this opium divan. Had no charge or other, penalties HoCommittee of the London County definite arrangements have been.
the shop and one cubicle.
The she would have been "linble for a
tenant in occupation of the two trespass.. cubicles which were used as an
MR. LINDSELL CONCURS.
He is also quoted as slating that Council.
reached in regard to the taking He was co-opted a member of over of control of the passes along milice in 1915, and became a Central News Agency. the London Education. Com the Great Wall by the Chinese. Governor of Rugby School in 1927, He was Liberal M.P. for the Faversham Division from 1908 to
ap-hia promises as an opium divan. tenanced the use of any part of The amendment has not, however, given effect to the Intention...
The word "occupier! can mean I concur. It is hardly to betual physical occupation, and it from 1893 to 1900, and a Judgo of ne mere than the person in ac- 1910, a member of the L.C.C., doubted that the intention of the cannot to my mind be maintained the County Courts, Derbyshire Legislature in amending Section that the principal tenant of a from 1912.
Mr. Justice Lindsoll said:--
opium divan was her sub-tenant In my view, therefore, this Hui Chim. A contract of tenancy pont must be dismissed. between the Respondent and Hul Chim existed under which the Respondent had granted to Hui Chim the sole right of occupation of the second and third cubicles. The Respondent no longer had any right of access to those cubicles..
:
15 of the Oplum Ordinance, 1982, floor of a Chinese tenement is in (No. of 1932) by the addition occupation of the whole of that of a new sub-section (Sub-section floor when he or she has sub-let n
3) was to impose ability on part or parts theroof to others. every house-holder and fonant who could be shown to have coun- dismissed.
I agree that the appeal must be
DAY BY DAY NEWS IN BRIEF
.....
with two!
BLACKNING WITHOUT
PRECAUTIONS
HEAVY FINE IMPOSED ON CONTRACTOR
INDIAN WATCHMAN CAUGHT ASLEEP
Magistrate's Caustic Comment
MAXIM OF LAW. The maxim of.the English com mon law that an Englishman's house la his castle, applion hore Irrespectivo of the size of the
Hara Singh, a'private watchman' preminee occupied. A sub-tonaut
in the employ of the China Em- who rents a cublete or a bedspace
porium, was this morning fried $10 has as much right to resist inter
by Mr. E. W. Hamilton, at the ferenco and Intrusion as the ten- "A' MAN CAN'T HAVE THE SAME | Four enses of diphtheria,
Central Magistracy, for having ant of a single floor or of a whole PEELING TOWARD A WOMAN WHO deaths, three cases of typhold with 72 Argyle Street, Mongkok, was bijliding. It has been argued for 19 STANDING ON HER OWN FEET AS three deaths, ono caso of meningitis,
Lo Cheung-yau, contractor of slept at his post at 2.80 am, on
October 18, the Appellant that the use of the HE HAD TOWARD ONE WHO WAS and 68 deaths from tuberculosis, were wordpremiace" in the section BTANDING ON HIS-Booth Tarkast week. One case of diphtheria morning for failing to take pre-round his shoulders. He had to summoned before Mr. Hamilton that he found, defendant fant Lance Sergeant Robinson said ¡reported to the local health authorities in the Central Police Court this asicop in his chair with a blanket as distinguished from the word ington. #place" Indieated an intontlon In
was also reported on Monday, ... the Legislature to placo upon, tho
cautions when blasting at Shauki-shake him three times before ho principal tenant of a floor (ne also Association of the II.K. Univers representative for China of the Sergeant Shophard said that Mr. Hamilton, in passing" sen-
Under the auspices of the Arts My CA Gundenen, technical Wah Theatre,
wan Road East near the Chung woke up. Defendant had been upon the owner, of a buliding), » a lecture on Vonico, will be lyen by Netherlands Harbour Works Co. Rf some of the stone went through tence, said that accused was liable, responsibility, once the offence of Tuesday, November
Professor Walter Browni
warned before,."; keeping on oplum divan has been in Room of the Main Univeralty Gundesen, arrived in Hongkong Last the roof of the theatre landing to a fine of $200. He had been
at 6.30 pm Anislerdam, accompanied by Mrs. brought to his notice, of control-Building. Some Lators pleturen wil Sunday by the Tijsaraca from Amoy, quite near a boy, herhan
Mr and Mrs. Gundaren Inteid mak-The magistrate imposed a. fine type of man who persisted in call- www warned before, and he was just the Ing their horse in the Colony,
of $100
ing everybody 'n far,
M.A.on
ing the behaviour of persons pre- be shown All Interested" are cordi- sont rightfully upon the floor in ally welcome.
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