1928-09-14 — Page 7

FRIDAY, SEPTEMBER 14, 1928.

WRONGFUL ARREST.

JUDGMENT AGAINST TAIPO MEN & DETECTIVE.

AN INSPECTOR'S ERROR,

Damages against a Chinese Sor-: geant detective and two Chinese of

MR. T. V. SOONG.

THE CHINA MAIL,

MR. W. J. HILL.

STATEMENT ON CHINA'S POSITION,

PRESENTED WITH SILVER SALVER

"STRIDES TOWARDS UNITY.".

-

Shanghai, Yesterday.

'GOING HOME.

“VOLGA BOATMAN" SHADOWS BEFORE. E

GRAPHIC-FILM AT THE

QUEEN'S THEATRE.::

now

AN UNTIL SUNDAY.

Mr. W. J. Hill was the reci- "The Volga Boatman,” In the course of a longthy state-pient of a silver salver: and an being shown at the Queen's Thea Taipo were awarded a plaintiff in the ment quoted by the Kuo Min news address from fellow-members of tre, is a picture that is riot easily. agency, the Minister of Finance, the Institute of Ringingtes and forgotten. It deals with Russia| Summary Court yesterday when the Mr. T. V. Soong, declared that des- Shipbuilders of Hong Kong yes in, the days of the Revolution and "Pulsne Judge (Mr. Justice P. Jacks)pite the disappointment in many terday evening, the gift marking tells of the love of Feodor, the delivered a written Judgment. His circles at the inactivity of the Gov-his imminent departure from the boatman, for a Princess whose Lordship expressed the opinion that ornment since the completion of the Colony after 25 years' residence life he saves when the Red tide Sub-Inspector R. C. Watt (now re-Northern expedition, there was no here.

sweeps over the country. The tired) committed an error in order question but that the country had The presentation was made by picture is full of action and full ing plaintiff's arrest and detention, made vast strides towards unity] Mr. W. J. Stokes. On the salver of colour; some of the scenes without a warraht.

and order during the last two years. was inscribed:-..

are graphic. William Boyd has Institute of Engineers and most of the work on his shoulders Loo Wo-huen, fisherman, of Wo He considered that the "all" was Hop Shek village, Talpo, Aued already being broken.

Shipbuilders of Hong Kong-Pre- as Feodor and is well supported Referring to the Cabinet form of sented to Mr. Walter J. Hill, Past by Elinor Fair as the Princess, Cheung Kang (shop assistant), Lui Shing (detective of Taipo police sta-Government, which the Nationalists President, as a token of the affec- Robert Edeson as Prince Nikita tlon, and Cheung Tal-kwai (master were, adopting. Mr. Soong declared tion and esteem of his fellow and Julia Faye as Murlasha, of the Wo Shing Hing Lung fish that one of the faults frequently members during his twenty-five Throughout the showing of the shop. Taipo) for $1,000 damages for appearing in the Commission form years' membership-1903-1928." film the strains of the song,

Mr. Hill briefly replied.

"The Volga Boatman," are heard Among those present were Mr. blending effectively with the W. J. Stokes, President of the In-screen pictures! The Volga stitute Mr. L. C. F. Bellamy, Vice-Boatman" will be shown at the His Lordship gave judgment, for

Turning to finances, Mr. Soong President, Mesars, P. T. Farrell, Queen's Theatre until Sunday $500 in all, with costs, being $100 stated that by October the Ministry J. Ormiston, R. Hunter, Wand not Saturday as previously against each of the first two defend-of Finance would have absolute Russell, G. J. Harman, G. Fannounced. ants and $300 against the third de- control in regard to national re- Taylor, J. Brook, T. F. Bradford fendant. On the application of Mr. venue over at least five provinces Members of the Committee) Mr. The death is recorded of Mr. M.: Hugh Jones, stay of execution, pend- while Kwanglung and Kwangsi had A. Landsbert (Secretary) and Gronberg, father of Mme, Rosem ing consideration of an appeal. was agreed to a programme of complete Messrs. R. M. Dyer, K. E. Greig, berg, at Shanghai French lady ordered until Oct. 13. The judgment unification, starting with the imme-F. W. James, J. Tully, A. Stalker, lawyer, which took place last week diate handing over of Customs sur P. Ramsay, T. G. Stokes, A. J. taxes and the partial rendition of pilgrim, C. Nelson, F. Clark, A. at the Shanghai General Hospital at the salt tax. This step Hunan and Cobham, D. A. McBran, J. Baker, the age of 78 years. This is a claim by the plaintiff | Hupeh would almost surely follow.

Professor C. A. Middleton Smith

wrongful arrest.

Mr. A. el Argulf was for plaintiff and Mr. G. S. Hugh Jones defended.

read as follows:-

THE FACTS.

of Government, namely, powar with- ent responsibility, stood * good chance of being corrected.

Absolute Control.

for the sum of $1,000, on damages The formation of a Budget Com-and Captain E. Jones. for false imprisonment. The facts are shortly as follows:-The plaintiff. ia a fisherman living at Taipo Market. The first defendant is a shop assistant in the employ of the third defendant. The from any source

mission and a Finance Reorganisa- tion Commission would facilitate control of revenues Lhroughout the be carried out according to a sys- country, and drastic reforms could tematic plan without interference CHINESE SENT TO SIX WEEKS'

GOING TOO FAR.

SERIOUS CHARGE.

"HARD."

INTESTINAL PARASITES

Sap Children's Strength,

Werma are an affliction from which most young children suffer. Their elimination from the system is readily and harmlessly affected by the use of Baby's Own Tablets. These Tablets are guaranteed to

COMING EVENTS ANNOUNCED

· IN, THE "MAIL”

To-day "Queen's Theatre: "The Volga Boatman.

To-day-World Theatre; "Spoilers of the West.”

Today Star Theatre;

**The Fair Co-Ed.”.

September 16-18-World Thea- tre; "Two Arablan Knights."

September 16-17-Star Theatre;: The Midshipman."

September 17-22-Queen's, ' Thea- tre; "Chang."

September 18-Entertainment ; in ́ Cheer 'O Y.M.O.A. City Hall, by HMM. "Foxglove" Concert party,

7.80 p.m.

September 19-22-World Thea- tre: "The Birth of a Nation."

September 18-10--World Then- tre; "Are Parents People?"

September 20 Theatre Royal; Miss Cecilla Hansen's farewell vio In concert, 9.15 p.m.

September 20-22--World Theatre;. "The Third Degree."

September 21-Promenade Con- cert at Voluntoer parada ground,] 9.15 p.m.

Land Sales. September 17-At P.W.D. Offices,

Crown, lands at the junction of Broadwood and New.rd., Morrison Hillrd. and Taitam, Village, 3 pan.

Lammerts Auctions. September 15-At Sales Room, Cigarettes and miscellaneous goods, 11 am

September 18-At Sales Room, household furniture, 280 p.m.

Meetings. September 17---Hockey meeting at Volunteer Headquarters lecture

pom, 5.80 p.m.

September 20-Annual meeting of the Hong Kong Boxing Association,

September 22.-American tourna

second defendunt is detective,

Although he was aware that atütioned at Taipo, and the third Anancial reforms could not be car

Sentence of six woeks hard defendant is a fish dosler and a ried out "by one swoop of the ink labour was imposed on a Chinese, Bartner in the Wo Shing Hing Lung brush," Mr. Soong belleved they at the Central Magistracy yester

Mars Jardine Matheson's board: at Talpo Market.

were moving in the right direction, day, for bringing two women into contain no opiates ner any poison-room, 5.30 pm. The plaintiff way indebted to-Reuter.

September 24-Kowloon Football' the Colony for the purpose of pro-ous lagredient, and will be found Cheung Tai-kwai, the third defen-

atitution.

an ideal remedy for those disorders Club annual meeting, 6 p.m.

Sports dant, to the amount of $300, or plaintiff back, Cheung Tai-kwai tartat for Chinese Affairs, prosecut. arising from derangement of the Mr. E. H. Williams, of the Secreof infancy and early childhood

September 16-Seventh annual more. On or about June 27, the third defendant heard that the aequiesced in all that was done. ing. told Major C. Willson, the stomach and the intestinal tract, Aquatic Sports of the Police and Second Magistrate, that the man such as Indigestion, constipation, Frison departments at VRC. 8 plaintiff had sold his ship, had bought a ticket for Sandakan, and The detective, did not know the met one of the women in Pakhai, colic, vomiting, diarrhoea. They m was about to leave the Colony.plaintiff, but Cheung Tai-kwal was where he told her he would be able quickly allay teething pains, quiet Whether this is true or not, I do present in all the proceedings to find a position as amah for her the nerves, bring calm, restful, not know, but the plaintiff denies which took place in Hong Kong and in Hong Kong. She was induced health-giving sleep. it. In any event on June 27, the directed them. He travelled back to to bring the two girls, who were plaintiff did come to Hong Kong on Talpo with the plaintiff and the her friends, with her. the 11 am. train, and the third ther two defendants in the after- defendant lost, no time in follow.noon, he protested against nothing|mitted that he was unable to keep

TABLETS f, for he travelled by the next that was done, and there is no his promise, and he pointed out to Of chemists everywhere, or 60 train about an hour later: Before/evidence that he had told the them that as he had been put to cents the vial; post free, from the other defendants, that they were considerable expense in advancing Dr. Williams Medicine Co., 60, leaving he went to see the District Officer, no doubt to obtain advice going too far.

their passage money, the woman Kiangse Road, Shanghai. At the Police Station he left the should induce the two girls to be as to what course he should pur-

It was plaintiff in charge of the Inspector come prostitutes and reimburse him aud in the circumstances. unfortunate for him that the Dis-without any Inquiry as

trict Officer was engaged in Court

1

At the boarding-house where the party stayed,.. the man ad-

to what out of their immoral earnings. was to be done. His atti- After hearing the startling, aug at the time, and Cheung Tai-kwai tude, according to his account, is gestion, the girls fed from

was in a hurry to get on the track

of the plaintiff, for he then went

to the police about it.

acquiescent throughout,

the

He said house and went to a shop where a that he did not ask to have the relative of one of them was employ

| plaintiff arrested, neither did holed.

ask to have the plaintif impri-: The accused was POLICE. NOT LAWYERS. aoned, and yet he saw both being arrested.

In doing so he made his first mis-done as a result of his action and take, for, however efficient the raised no protest. I cannot accept- police may be in their own affairs, this 04 exempting him from they are no legal advisers.

Cheung Tai-kwai saw the Police Inspector at Taipo and told him

liability for what followed,

LAW ON TORTS.

I need not deal with the law on

subsequently

RANSOMED.

WHAT A CHINESE HAD TO GIVE TO BANDITS.

that the plaintiff owed him $300, what constitutes false Imprison- had sold his ship, and was going ment, as false imprisonment has

After paying a ransom of $600 in abroad. Whether he told the In-been admitted in this case, I will Hong Kong bank notes, six electric spector anything more, I do not therefore confine my remarks to torches and six tips of cigarettes of know, as the Inspector has retired|the liability.

the "Three Castles" brand, Mr. Tang

on pension and left the Colony, Sir Frederick Pollock. in his Po-tung, an employea.of the Chinese but the outcome of the story told Law of Torts, says, "Everyone is post office at Canton, who had lately by Choung Tal-kwal was that the answerable for specially direct-been kidnapped by robbers, has been inspector sent a detective to Hong ing the arrest or imprisonment of released

Kong with Cheung Tai-kwn to take another, as for any other act that On the morning of Sept. 2, Mr. the plaintiff back.

he specifically commands. or rati-Tang was making an excursion at

1 am sorry that Inspector Watt fies. Nor does it matter if he acts the foot. of the White Cloud Moun- could not be called to state what in his own Interest or in another's. tain, near Canton, when he was kid- the complaint made to him was, But one is not answerable for acts napped by bandits.

did.

and why he acted in the way he done upon his information or sug- He was confined in a small. mat- At Taipo Railway Station gestion, if done by an officer of the shed. Despite the fact that there the first defendant joined the Law, if they are done, not merely was, a robber left behind each day party. On arrival in Hong Kong as ministerial acts, but, in the to look after his victim Mr. Tang | the defendants soon found. the exercise of the officer's proper was secured hand and foot. plaintiff and took him back to authority and discretion." The After being in the hands of the Taipo,, where he was taken to the case of Grinham v. Willey, quoted outlaws for a week, Mr. Tang was police station and detained for by Mr. Hugh Jones, illustrates this, released on ransom. two nights. He was then brought |In that case the police constable

up before the District Officer and exercise of his proper discre discharged.

VERY GRAVE MISTAKE

tion arrested the plaintiff, the defendant only signed the charge The plaintiff's story of the arrest sheet after. In the case before me differs from that of the defendants the Inspector was not exercising

in datall. He says that force was his proper authority or discre-

CRIME -FILMED.

CINEMA AS MURDER WITNESS.

New York Cinema evidence to

used, he was foughly handled, and tion." He had no authority or die-supplement the written confession that he was compelled to return cretion in a civil case, such as the of murder has been obtained by to Talpo. The defendants' account third defendant's was.

Public Prosecutor Edwards, af

prisoner to enact the crime, while camera ground out a thousand- feet film...

of it is that he came to them when RESPONSIBLE FOR ERROR. Long Island, who requested the they beckoned to him and went The case of Sewell v. National back with them almost chearfully. Telephone Co., Ltd. differs from There may be some truth in both this, for in that case there was no stories, but the detective said that evidence of any authority by the

Anthony Dapolito, the owner of be understood his orders were to defendants or on their behalf to spaghetti store at Freeport Point. take the plaintiff back and that the constables to arrest the plain-confessed that, he was he would have used force if neces- tiff. In this case the defendants killing William G sary. I have no doubt that the took part in it and left the plaintiff ng contractor, rebbin plaintiff was not free to do as he in custody,

hfagbody In a sach,

pleased and went back under com- This activity on the part of the it in thế gibrahet. pulsion.

defendants distinguishes this case The alleged The defendants' solicitor has from those which have been quoted fated admitted the arrest and imprison to me on behalf of the defendan

ment; and that botin were wropiful I hold that the defen

cates that the third defendant | responsible for.

authorise it. They third the Inspector › comum)

BABY'S OWN

QUEEN'S Danger!

CHANG

MONDAY TO SATURDAY NEXT

Advance Booking For: Dress - Circle Daily From 11 am.

ment, Ladies Recreation Club, Peak-road, at 2.30 p.m."

October 18-HK.VD,C. Annual Athletic Sports on Kowloon Cricket Club ground, 2.30 p.m.

Miscellaneous.

Co.) dinner at Headquarters, 7.46

To-day HKVD/C. (Machine Gun-

.p.m.

September 15.-V.D.A. Branch of. St. Peter's Church hold 2nd annual „plepie för girls of Blind Home, Kow-i

loon

September 17 Reopening of Central British School.

September 17-Agent of Java |China-Japan-Ljin "at Home" at his office from 11 a.m. to 12.30 pm, on the occasion of the firm's 25th· An- niversary..

September 20-Presentation ofi medals and labels to members of St. John Ambulance Brigade by H. E the Officer Administering the: Gov-:) ernment. at Govt, House, 6..p.m.

October 2-Ladies whist drive at Helena May, Institute 8.45 p.m... given by the Police Branch of the M.C.L.

PLAGUE IN MANCHURIA.

Peking, Yesterday. The North- Manchuria · Plague Prevention. Bureau reports that bubonic plague is rife at Chfen chiation, where there have been thirty deaths, and also reports that cases have occurred at Urga. in the last few days.- Reuter

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