Extract from the
SOUTH CHINA MORNING POST
dated
24th October, 1939.
Enclosure No.
44
ILLEGAL RADIO
Six Men Fined Total
Of $16,000
"SERIOUS OFFENCE"
Fines of $16,000 were imposed on six men by Mr. Himsworth at Kow- loon Magistracy yesterday on charges concerning an illegal wireless station.
Mr. M. J. Abbott, Assistant Crown | Solicitor, who prosecuted, stressed the seriousness of the offence but said a redeeming feature was that no threat had been caused to Hong- kong.
Mr.
The Postmaster General Wynne-Jones, was in court.
Mr. Peter H. Sin, acted for all de- fendants who pleaded guilty.
Defendants were Yuen Lap-kwan, 29, unemployed, Tsui Pak-ming, 30, clerk, Chiu Chi-fong, 23, secretary, Shum Kim-chow, 30, clerk, Tin Yuk- yan, 35, clerk and Chau Sze, 25, unemployed. They were all charged with possession of an apparatus for radio without a licence. Chan and Yuen were also charged with work- ing a radio communication station otherwise than in accordance with a licence. Tsui, Chiu, Shum and Tin were also charged with maintaining a radio station without a licence and possession of codes and ciphers con- trary to the Defence Regulations. Every defendant was fined $1,000 on each of the charges.
Three Raids
Mr. Abbott said on September 25 shortly before midnight simultaneous raids were made on three flats in Nathan Road, one in the Mongkok district and two on the corner of Hillwood Road. At Mongkok a com- bined transmitter-receiver and a receiving set were found. They were in operation at the time and Yuen was engaged in receiving a message. The combined transmitter-receiver connections appeared to have been hurriedly disconnected.
During the night, the Police who were left in charge of the flat ar- rested Tsui, Chiu, Tin and Chau who entered at various intervals.
One of the Tsimshatsui flats, said Mr. Abbott, was the main office of the organisation and the other appeared to be a sub-office.
Yuen
Investigations showed that and Chau were the actual operators at the station and Tsui, Chiu, Shum and Tin were senior members of the! staff. The station was extensively! used as was shown by the very large number of messages found.
Publicity a Deterrent
In mitigation, Mr. Sin assured the Court that there would be no re- petition of the offence and the publicity given to this case and the colossal sum asked for bail, was sufficient deterrent to anyone think- ing of committing a crime of this nature.
Mr. Sin said he anticipated Mr. Abbott asking for the maximum
submitted penalty and
that the maximum penalty was imposed only with in absolutely the worst cases aggravating circumstances.
this kind "Normally, offences of are not regarded as serious and it is only since the outbreak of the war in Europe that they are regarded as serious," said Mr. Sin.
done
Mr. Sin submitted there were no and it aggravating circumstances was not suggested, nor was it alleged that defendants, aside from having the apparatus and code, had anything to endanger the safety of Hongkong or the British Govern- ment. There was no suggestion of malpractice. It was true that de- fendants were employees of an organisation, but it was not the worst case nor one where there was any- thing to aggravate the offence.
Of Good Character
"The defendants are young men with the highest character and they have never been in trouble of any sort," he said. "Their characters are unblemished and they are men of high integrity. They have given every assistance to the prosecution."
Mr. Abbott said he did not think it strictly correct to say defendants had given the prosecution every assis- tance. They had done when
asked, but, if they had desired, they could have given the prosecution much more assistance then they did. Investigations had been carried out without assistance from defendants at all.
Mr. Abbott said if defendants had not pleaded guilty he would have proved that the station was being worked in open defiance of the law. "It is difficult to think of a more serious offence than to work a wire- less transmitter without the know- ledge of the authorities at a time when this Colony, as part of the Bri- tish Empire, is at war," said Mr. Abbott.
Colony Not Endangered
Mr. Abbott continued that he did not suggest defendants had com- mitted an offence against the Colony's Official Secrets Act; there was nothing to show that they had; rather the contrary.
Mr. Abbott said that he was not pressing for a sentence of imprison- ment, but he was asking that the maximum fine be imposed on each defendant on each charge. He I thought it extremely difficult to find
circumstances set of aggravating then what he had detail- ed.
દી
more
"Mr. Sin has said. that offences of this kind are not regarded as serious. These That is completely incorrect.
in offences are regarded, whether peace or in war, as most serious,” · declared Mr. Abbott.
Magistrate Comments
Mr. Abbott said the charges were not alternative, but cumulative.
Mr. Abbott asked for forfeiture of the goods seized.
was in Mr. Himsworth said he
Sin complete agreement with Mr. when he had mentioned the aspect of a penalty should act not only as a deterrent to people who have com- mitted an offence but also to people who might attempt a like offence.
This was not the first time a case of this nature had appeared in his Court, and therefore, it would ap- pear that punishment he imposed in the past was not sufficient to act as a deterrent.
that he con-i
It was only because defendants[ had good characters sidered the imposition of a fine and not a term of imprisonment.
Defendants were then fined $1,000 on each of the charges.
An order was made for the for- the feiture of the seized goods to Post Master General to be kept until the end of war or until such time that he saw fit.
On the application of Mr. Abbott,, Mr. Himsworth made an order that $1,000 from the fine be given as re- ward to the person or persons who the information concerning gave case.
A SIDE ISSUE
the Arising from
raid On 172 Nathan Road in connection with the this case, To Ching-tin, 30, appeared before Mr. Himsworth charged with unlawful possession of an automatic pistol and 10 rounds of ammunition without a licence.
was fined
$250.
He
Mr. Sin, said defendant was a well a body- trusted man and had been guard in Shanghai and Nanking.
Mr. Abbott said here again he was; not pressing for a sentence of im- the maximum prisonment nor for not members
fine.
Mr. Abbott said the Government regarded this offence very seriously. There was no question that defen- dants concerned were
of the organisation to which he had referred. A document was found which stated that operations of the kind mentioned were being carried out in the face of the law. It was the interesting perhaps to mention extent to which the station was being used, said Mr. Abbott. That could be gauged from the fact that the traffic of the ordinary commercial wireless routes had gone up by leaps and bounds since the raids of September 25, but it was only a sur- mise that this improvement was due to the present case.
Mr. Abbott said this was an offence against the Defence Regula- tions of 1939 which had been made for the protection of Hongkong.
In cases of this type the defendant conviction was taken for trial and was usually followed by a sentence of one or two year's hard labour.