1928-08-06 — Page 3

MONDAY, AUGUST 6, 1928.

Phone C. 22

FOR

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Twenty-five Words three inser- tions prepaid $1. Every addi- tional word four cents for three insertions.

TO LET.

NOTICES.

G.

B.

POLICE SERVICES.

ALPHONSE.”

DISCHARGED ON TWO COUNTS.

POLICE CRITICISED.

THE CHINA MATE

When the case was resumed on Saturday, Sub-Inspector Elston was re-called at the request of Mr. Fitzroy, and stated in reply to Counsel that he had received certain new instructions (pub- lished above) from the Hon. Captain Superintendent of Police relating to lotteries, and sweep- These Instructions hád

If you are in a hurry take a

TAXI.

SPECIAL SECTION of Police Making his third appearance, atakea. Europeans, Indians & Chinese before Mr. R. E. Lindsell at the not yet appeared in orders. now available for duty if re-Central Magistracy on Saturday, Mr. d'Almada pointed out to quired by the public.

M. Jean ("Alphonse") Hund who Payment for the services of such was arrested under a search war- the Magistrate that at the pre- Police will be on the following rant by Sub-Inspector Elston on vious hearing he had question- scale:-

July 25, in connection with the ed the Sub-Inspector if he had European Police $8 per 6 hours alleged sale in the Colony of any special Instructions with was dia- regard to local sweepstakes and Indian Police ... per 8 hours sweepstake tickets,

His Worship said that he could as fol- the answer had been in the Chinese Police per 8 hours charged on two counts

negative, and this in spite of not accept that admission, as In low:--- Applications for Police for

(1) Unlawful possession of the fact that he had warned the criminal proceedings the defence made Champion sweep tickets for the witness that he (Mr. d'Almada) could not admit any part of the Shanghai Autumn Race Meet-had been informed by the Sub-case for the prosecution. If he ac- ing, issued by the International Inspector's superior officer that cepted the admission, in case of Country Club, Shanghai, (of no prosecution would be under-appeal, evidence which had not which the defendant said he was taken in the case of sweepstakes been taken would not then be ad- Now he was con- missible. Therefore he asked Mr. the secretary); and (2) unlaw-run locally,

these regulations, Fitzroy to call evidence of dis- fully keeping a common gaming fronted with house at No. 15, Hangkow-rond, and suggested that he might tribution of the tickets for sale.

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The first witness was Mr. C. ant Attorney-General, appeared tion so that he might have an op- for the first time to conduct the Portunity of considering the Dedeoglou, a tobacconist, who said that he had known Hund for about position in the interest

of his three years. case for the prosecution.

The wness admit- After further evidence and client.

ted that four big and two small lengthy argument, the Magistrate Sub-Inspector Elston, told the books of sweepstake. tickets, of the decided to discharge the defend- Court that he had not had those International Country Club had ant on both counts. On the count instructions when he was ques-been in his possession. They were in Court by Mr. taken to his shop by Hund on July of keeping a common gaming,tioned house, his Worship remarked d'Almada last Thursday."

11. The books contained over 100 that it was rather stretching the His Worship, after examining tickats. The witness never asked point to claim that the defendant the General Order containing the the defendant for the tickets. was keeping a common gaming instructions, remarked that they Answering questions by Mr. House in a room of a bourding were not issued until that very Fitzroy, the witness said that he

In conclusion, Mr. d'Almada said was out of the shop when the de- he hoped, that he would be able house, merely because some stubs day (Saturday). relating to sweepstake tickets Mr. Fitzroy suggested that tendant called on July 11 and the to convince his Worship of the de- were found.

laft by Hund with fendant's innocence in view of the should tickets were Mr. Fitzroy agreed with the read the instructions in Court, witness' brother. Witness sold circumstances of the case and the Magistrate's view, and remarked but his Worship remarked that it more than 100 of the tickets and fact that institutions and cluba that he personally had not had would only be a waste of time. paid $90 to the defendant.

here have continually run sweep anything to do with the framing He said that copies of the General Replying to the Magistrate, the stakes without prosecution. De of that charge.

Order could be given to the Preas witness agreed that for every ten fendant had come down to Hong The count of unlawful posses- for publication.

tickets he sold, he received a free Kong with this knowledge, admit- sion of sweepstake tickets was

ticket for himself.

tedly to distribute tickets for sale

to organise a Motor Parade on one of dismissed on a technicality. The the evenings during the Grand Tattoo prosecution fixed the date of pos

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Sub-Inspector

Elston

THE INTERVIEW.

A LETTER.

By Mr. Fitzroy: The witness had and to advertise them by word of Mr. Fitzroy then suggested a receipt from the defendant for mouth, but he did not sell any him three prizes will be given by the Assession of the tickets at July 25, that Sub-Inspector Elston should the $90 which was paid to Hund self. Bariation for the most original or best and the Magistrate decided that read a letter which the witness through decorated Vehicles in each of the fol- there had been no evidence to had found in the defendant's Witness had never been to Hand's the 'witness' brother. prove that defendant actually jacket pocket. 1 Cars or Lorries representing the had any tickets in his possession!

on, that dute.

THE ARREST.

Trade. 2 Private Care.

3 Motor Cycles with or without.

Ride Cars.

If, however, his Worship decid- residence.

led that under the provisions of the Mr. d'Almada objected. He

By Mr. d'Almada: Defendant dia Ordinance he had to convict the said that it was not fair to read the letter as it brought into the not tell the witness to make any defendant, then Counsel would ask In discharging the defendant case another party who had no secret about the sweepstake tickets. that the Magistrate take into con The next witness called was Mr. sideration the interview which the A registration or entrance fee of $1 on this count, his Worship told thing to do with the matter. He must accompany all entries,

A. Trambiteky. He said that on defendant had had with Sub-In- Mr. Leo d'Almada. Sen.. for the also said that he did not cross- ENTRIES WILL CLOSE ON FR defence, that in view of the de-examine the witness about the July 24 he went into the Elite Spector Elston about the tickets. He aubmitted that if defondant Store and there bought a sweep had then been told that the sale All accommunications to be address-fendant's visit to Sub-Inspector letter at the last hearing of the stake ticket of the International

DAY, the 7th SEPTEMBER.

ed to

C. M. MANNERS,

HONG KONG TRAMWAYS,

LIMITED.

of

N INTERIM DIVIDEND A A Sixty Cents per Share has been declared payable on WED- NESDAY, 22nd AUGUST оп 'and after which Dividend Warrants

may

Elston about the sweepstake case.

mons would have sufficed.

unlawful he

DEFENDANT'S EVIDENCE.

then placed in' the witness box. He said that he had been restaurant manager of the Addressing the Magistrate, Mr. Hong Kong Hotel for about five d'Aimado said that the defendant years previous to going to Shang-

FORMER HK. RESIDENT.

tickets when he was not told that! His Worship upheld

Country Club (No. 19060) and put of the tickets was Mr. c/o Hong Kong & Kowloon the sale of those ticket was und'Almada's objection.

his name on the counterfoil. He would undoubtedly have stopped Wharf & Godown Co., Ltd. lawful, it was an erro of judg- In cross-examination by. Mr. bought the ticket from a lady in their sale and there would have been, no cause for the present pro- ment to arrest the defendant in d'Almada, Sub-Inspector Elston the store.

The fact that nothing! the way he was arrested. His admitted that the instructions he By Mr. d'Almada: The witness ceedings. Worship remarked that a sum-produced were made under Gen-had been in Hong Kong for about was said to the defendant at that

eral Order No. "Blank."

eight years and during that time interview went to strengthen his Mr. F. C. Jenkin occupied a His Worship remarked to Mr. had been in the habit of buying belief that what he was doing was scat on the bench with the d'Almada that the order had not sweepstake tickets of various cluba, not illegal. proceedings. Magistrate during a part of the been published yet, hence it did These he bought in the usual way.

not have a number.

This closed the case for the pro- Hand was An interesting matter which Asked if he knew under what Becution. next, came

out during the proceed-power the C.S.P., issued those in- date ings was that the Hon. Captain structions, the witness replied

be Superintendent of Police had that he did: obtained upon application at the that same day (Saturday) issued Counsel requested that he be had previously lived in Hong Kong hai. There he started the Inter- Registered Office of the Company, certain new regulations relating told, but Mr. Fitzroy objected: for Ave years or so, and during national Country Club in March Canal Road East, Bowrington, to sweepstakes. After the re- He said that the witness could that time he was aware, as they all this year. It was a sporting club Hong Kong.

gulations, which were made as a not divulge the information, and were, that sweepstake tickets were with billiards, tennis and golf, and NOTICE IS HEREBY GIVEN General Order, had been put in, if Mr. d'Almada wanted it he sold everywhere whenever a race was recognised by the French an- that the REGISTER OF MEMBERS, Sub-Inspector Elston had

was about to be' run, and had him thorities. There were 50 rooms in to should approach the C.S.P. of the Company will be CLOSED admit in examination by Mr. Mr. d'Almada said that Sub-In-self bought various tickets here the club and they had some resi from WEDNESDAY, 8th AUGUST d'Almada, who pointed out that spector Elston was the C.S.P.'s re- quite openly. to TUESDAY, 21st AUGUST, 1928, the Gerenal. Order was "number presentative and he was entitled

Then the defendant went to present time 200 members. both days inclusive.

blank", that the regulations had to ask him that question. He also Shanghai where he organised and entrance fee was originally $5 and not yet been published, and they remarked: "Let the C.S.P. come established the International Coun- aubscription $1 por month. Now had been issued to the witness here and I will put the same ques-try Club which was recognised by the entrance fee had been raised

tion to him."-

the French authorities there. The

to $25, but departmentally,

the subscription had The Magistrate upheld Mr. club had 200 members and was of

He The regulations, which were

not yet been decided upon. made under unnumbered Fitzroy's objection, whereupon Mr. a sporting nature, including bil-suggested it would be either $3 or General Order, and are of great d'Almada requested that the Magis-liards, tennis and golf.

In addi- $5 per month. The club was con tion there were 50 rooms for re-trolled by a committee of original| interest to the general public, trate note his contention.

sident members. are published below in full.

Witness was the SWEEPSTAKES.

By Order of the Board,

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General Manager. Hong Kong, 30th July, 1928,

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Police are instructed not to interfere with such sweep- stakes where the following conditions are observed:-

PUBLIC IGNORANT.

no doubt the

dent members. There were at the

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In the course of the constitution stack holders. Owing to the increasing Replying to further questions by of the club it was thought to run ecretary of the club.

Continuing, witness said that he number of sweepstakes being Mr. Almada, Sub-Inspector Elston sweepstakes for the race meeting

As secretary arrived in Hong Kong at the be said that as the new instructions in November next. organised by various clubs had not yet been published, he of the club, the defendant was sent ginning of July, and admitted that and institutions in the Colony thought that the public would be here to sell some of the tickets for he distributed certain books of

ignorant of them."

the benefit of the general public, sweepstake Asked if there was anything in From his previous experience here, parties here to sell. the new instructions prohibiting a defendant thought that there was quiet openly. He gave a commis- (a) Where the sweepstakes "foreign" or "outside" club selling nothing illegal about his action in sion either in tickets or in cash, from Mr. Dedeoglou as' proceeds of are organised by recognised weepstake tickets here.. the wit-distributing tickets for sale here. He admitted realving some money

ness said that he thought the word "SOLD INDISCRIMINATELY." clubs or institutions in which recognised" club covered that

Proceeding, Counsel said that gale of tickets. This money he was a deduction of not more than Shanghai Race Club, the wit-that was a reasonable conclusion tually go to the club to be drawn

holding at present and would evca-] 10 per cent. is made for "runnes said in reply to a further to arrive at, as ning expenses."

question, was not recognised at Magistrate knew as well as he did for in prizes.

'HIS PASSPORT.. (b) In the case of clubs present.

Witness did not have a that sweepstake tickets were sold organising sporting events on list of recognised clubs.

indiscriminately here to anyone Answering his solicitor, Hund which they themselves and Mr. d'Almada: What are re- who asked for and paid for them. said that he had lived. five years other recognised clubs run cognised clubs?-All well-known Mr. d'Almada then referred to in Hong Kong and during that sweepstakes, the organising local clubs.

the provisions of the Gambling. Or time he had bought sweepstake club will be entitled to deduct | When were these new regula-dinance, in which a lottery includ- tickets everywhere, and always had 20 per cent, for expenses. tions issued?-This morning. ed any device whereby the dis-been under the impression that It (c) Apart from the deduc After this case had gone into two tribution of money depended on was legal. Had he known it was tion of 10 per cent. or 20 per hearings?-I believe they were luck or the result of any race in illegal to run sweepstakes here he cent. as stated above the total formulated before this prosecution which numbers were drawn. This would not have distributed his proceeds must be devoted to was started. prizes.

(d) Tickets in all sweep- stakes to be obtainable only

EVIDENCE CALLED...

being so, Counsel argued that the tickets for sale here. Previous to Ordinance could not be over-ridden July 19 the witness was told, by by any regulations made by the friends that Sub-Inspector Elston The witness agreed with Mr. C.S.P., like those put in, in which wished to see him, so he went to in the club or institution or d'Almada that anything which had a device depending on the result the latter's office. Witness: asked from club members authorised been done by a club previous to of a race is not an offence under If the Inspector wanted to see him by the club. No hawking of the issuing of the new regulations certain conditions. The Ordinance, about the sweepstake tickets and tickets or sale through Agents would not be binding on the club. made no allowance for such con he replied "No" and explained that he wanted to examine witness' and no advertisements of any-Questioned by the Magistrate, ditions.

passport. This was produced and kind to be permitted.

the witness said that defendant's USUAL PROCEDURE. (e) No lotteries or sweep address, No. 15 Hankow-road, was Referring to the charge of keep found to be in order. The result stakes to be permitted for in-registered as a boarding house Ing a common gaming house, Mr. of this conversation with Sub-In- dividual: profit.

eince the case was started against d'Almada pointed out that Subspector Elston was that the wit. (1) Management of club the defendant. Defendant occupf Section 2 of Section 2 provided ness belief was strengthened that ed a room there as a lodger. The that for possession of lottery the sale of sweepstake tickets in lotteries to be directly can witness had no admission from the tickets, a person shall be deemed Hong Kong was perfectly legal. dacted by the club organising defendant that he had sold any to have run a "common gaming. Had he been told that it was the lotteries. In all other tickets at that address. -877

house." They had had no evi-legal, he would immediately have cases, action will be taken one d'Almada said that if it dence that defendant possessed any stopped the sale of the tickets he the Instructions of a Super-would help, he was prepared to tickets at No. 15 Hankow road. had distributed and redeemed Intendent, pe

admit that the defendant did dis- No one had given evidence that he those that had been sold. tribute tickets to be sold in vari- had bought a ticket from the de ious places in town."

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(Continued on Page 10.)

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