1931-01-07 — Page 1

66

The

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Library, Supreme Court

THE SIX China Mail

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HONG KONG-HOTEL GARAGE

25, Queen's Road C. & at Stubbs Road.

The Hong Kong & Shangbai Hotels, Ltd.

No. 27,689

PRISONERS' DEFENCE

Entangled in Very Unhappy Circumstances.

HAD THEY AN OBVIOUS PURPOSE?

Counsel's Plea in Alleged Arson Trial

"We do not demand in these Courts that, because a heinous crime has been committed, somebody must be caught. The fact that you may entertain the gravest suspicion against these men will not be a warrant for your depriving them of their liberty for participa- tion in this crime.

"They might have got themselves entangled in very unhappy circumstances. Ask yourselves whether these men had an obvious purpose, and wore thus in criminal agreement. If you can find any fact at all inconsistent with such an hypothesis, then this case comes to an end."

These were the closing words in an eloquent plea for the defence made to the jury at the Assizes by Mr. Jenkin this morning.

Mr. Jenkin appears on behalf of Li Sui-ping and Li Yuen, his son, who are charged with conspiracy to commit arson at 77, Wing Lok Street, on the night of October 18. A third prisoner, a foki, is undefended.

WHAT IS CONSPIRACY?

36TABLI

1845

TO-DAY'S DOLLAR. — The closing rate of the dollar on demand, to-day was 1/-

PRICE $3.00 Per Month.

HONG KONG, WEDNESDAY, JANUARY 7, 1931.

VICEROY'S POWERS ATTEMPTED PIRACY. RESULTS OF 'VARSITY

SHOULD REMAIN. HAKKA MEN CHARGED AT

CENTRAL COURT.

REMAND IN CUSTODY. India Unable to Defend

Herself.

DEPENDENT ON ARMY.

EXAMINATIONS.

List of Scholarships and

Prizes.

SUPPLEMENTARY PASSES,

In connection with the attempt- ed piracy to which the HMS. Somme was sent, as reported in Monday's Ching Mail, twelve Hakka men appeared before Mr. R. E. Lindsell at the Central Magistracy this morning, charged Rugby, Yesterday. with attempted piracy on a cargo The following scholarships and The Conservative attitude to-Junk, off Pedra Blanca.

prizes have been awarded on the wards Indian claims to responsi Detective-Inspector W. Shan- results of the Matriculation and Examinations held in bility with due safeguards at a non, for the prosecution,.applied Local federal centre was debated in the for a week's remand in Police November, 1930: federal structure sub-committee custody, which his Worship grant- of the Indian Round Table Con- ed.

ference to-day by Sir Samuel [It will be recalled that the Hoare, one of the Conservative Naval message, received by the section of the British delega-Police here, stated-As a result tion. Conservatives, he said, in-of information received from the sisted upon safeguards, not be 8.8. Hang Sang to the effect that cause they wished to put difficul. a junk was being pirated by two ties in the way of India's ad-pirate junks near Pedra Blanca, vance, but because the difficulties H.M.S. Somme was sent to inves- were in India itself-hard facts of tigate. H.M.S. Somme took credit, financial obligations, de-charge of the three junks and sus- fence, and minorities. As India pects, and returned with them to was dependent upon the British Hong Kong, where the suspects Army, defence must be regarded were taken over by the Folice as a Crown subject. This led to authorities.]

a whole series of problems in at- tempting to create a responsible executive, such as, should a de-!

fence Minister be in the Cabinet, STOP PRESS

and, if so, how to reconcile his responsibility to the Crown with the responsibility of other Minis- with the minorities question.

Formidable Doubts.

Mr. Jenkin, commencing his Yumati the day after the fire,ters in- the legislature. So also address, said:"You will have no-counzel reminded the jury that ticed from the course of my the Wah Shan, prisoner's sole cross-examination that insofar property in Hong Kong, was He pointed out that none of as any evidence was lodged in near by. "He was found veering the conditions which were asso- this case of the preparation for towards it, the one place where ciated with the idea of a respon- the alleged crime of arson itself he might possibly get into contact sible Government in Britain ap- I asked no question at all. It is no with the Police. I ask you, gen-peared to exist at present in In- An Indian Cabinet would part of first and second prisoners' tlemen, if that fact alone could dia. defence that the laying of this be anything else but indicative of not be unitary in the British trail of inflammable material the man's absolute innocence," he sense. The more he thought of the In- could not be treated by any tri-Į ackled.

the difference between bunal as an attempt, and a very Mr. Jenkin further asked what dian position and the British the gross attempt. at the commission was to prevent prisoners walking more formidable of the crime of arson. Their de-down to the Wing Lok Wharf im doubts. It might be that, be had fence, upon which I shall trust, is mediately after the fire, and tak-exaggerated the difficulties, but this that they have not con-ing a boat to Macao, where they [he was certain that a constitution Instead the such as that suggested by Mr. spired either amongst themselves, were in business?

became his

or with other persons unknown, first prisoner had gone to the Sapru would be so complicated and to commit this crime."

place where there was the most vulnerable to criticism that it! supposed danger.

"Never Got There." His Lordship (Mr. J. R. Wood): You must remember that he never

would be workable only on the basis of wide acceptance and good will in India itself and they had not evidence at present that such would be forthcoming..

He doubted the wisdom of at- tempting to apply the British House of Commons system to an He was

Rules Laid Down, Explaining the meaning of con- spiracy, counsel went on, "Con- spiracy is a crime consisting of an agreement amongst several got there. persons to commit an offence. It

Mr. Jenkin replied that was sʊ, has been permitted for juries in but the Teason had been fully ex- this connection to draw the infer-plained in evidence. ences on certain facts submitted As regards the evidence of a all-India federation. by the Crown that there must witness, a Police Reservist, against setting up a popular as- have been an agreement, other counsel stated that his evidence sembly on the lines of the House wise the actions of the people as to first prisoner asking him of Commons by direct election, be- could not be accounted for. But questions about insurance and cause the huge size of India and in the drawing of these inferences areon was worthless. The sole the conditions of its population certain rules have been laid down. reason for the giving of informa-would make any imitation of the The rule mest quoted is that of tion to the Police, he averred, was British political system imprac- Mr. Justice Earle where he says a question of money owing.

He ticable. that if you find that several men asked the jury to treat the evid- are doing several things at dif-ence with the importarice it war- ferent times, and the acts are of ranted." such a nature that they are for an

Trail No Evidence,

"Fill in the Picture." He questioned the wisdom of} attempting the impossibilities of theory of Cabinet responsibility

The circumstances at first sight obvious purpose then it is per-fight appear black against upon a Government that would mitted to assume that the agree prisoners, went on Mr. Jenkin, differ in all respects from the Bri- ment is provided.”

but

each '83

fact was tish Government. He feared it Proceeding with his argument, examined it would become would end in weakening the counsel said, "Of each fact in this clear that the men had became Viceroy's position and in making ease, which is brought home to entangled in unhappy circum- the central Government of the any prisoner, is that fact obvious stances. He repeated that there great continent in which there ly indicative of an agreement to was no proof of obvious purpose. was much infiammable material commit the crime of arson.

As regards No. 2 prisoner the unstable. at the very moment Two Primary-Factors. landlord of, No. 77 merely thought when they were introducing the Gormsel pointed out that the that he was the men who rented

(Continued on Page 0.) jury should not fit in with any in his premises. The learned Judge ference they drew any suspicion Fad then asked him if he was they might entertain, or any pre-eure, and there was an instantane conceived notion they had form- ously change, and he replied that man who has bolted the man who et. Expanding the point, he fur- he was certain. Also, it was only should be in this dock?"

No Financial Distress. ther asked them to consider two when prisoner - was scen bebind factors on the question of obvi- the bars on a charge of arson that "It has been laid down that one ous purpose. They must first the witness had been able, with a favourable circumstance will over- ask themselves if there show of certainty, to identity the come any number of unfavourable was any one fact consistent, and prisoner.

ones," Mr. Jenkin. went on. "For consistent only, with prisoners".

instance, was-It suggested that pri soners were. In financial distress of guilt. If there were any other hypothesis, the case for the prose the fire need never have happen any kind? Not only was it not suggested, but the evidence was the cution failed. Further, was there ed," added counsel, "The crime le one fact inconsistent with the one of agreement. The finding of

other way. They are two reputable theory of guilt? If so it brings a trall, therefore, cannot possibly business men. In Macao, the pre- down like a pack of cards any be taken as evidence, as it does accounted for in Hong Kong. On sence of whom can be reasonably allegations which may have been not point to any agreement be such evidence it cannot be obvious made, even inferentially as to tween anybody.” U the guilt of the prisoners. There le not a little of evidence that they should be treated as in

Insurance Point

to show that either Brst or second grimloate Counsel then went on to analyse prisoner ordered the inflammable. The evidence of No, three prison er Mr. Jeakin dismissed with the Crown's évidence in detail, naterial found at No. 77," / kald relying always upon the point of Mr. Jenkin: Who did it nobody scorn, stating that he tried to save obvious purpose toward a crimin- seems to know. Lee Chebug and his own skin at the cost of his mas- al agreement. As regards the in- his companions, who, presumably ter. He characterised his evidence the craziest story man ever ut- surance, he asked whether it must have bolted, may well have done red" respecially in view of the be said that the Insurance of the 80. Because. It was ordered and fact that he had stated he was premises at Wing Lok Street was Secake it was at No. 7 and Maleep in the house at a time which committing cause some of it went dret of all was agreed was just previous to It was the dre: Counsel asked whether If this witness and been detailed to "Carry sway the books as he had de- The would been asleep

"For the purpose, of conspiracy.

wers

to

London, Yesterday. Following the hearing of the evidence of the Court of En- quiry into the Lucia incident, orders, it is reported, given last night cancelling the Instruction to the Lucia leave her moorings to-day In readiness to sail with the At- lantic Fleet on. "Its Spring cruise on Thursday. It is un- derstood that the "L" cinsa of submarines (which form one of the most important units of the Spring manoeuvres), of which the Lupla is depoh

.

KING. EDWARD VII SCHOLARSHIPS.

1. Douglas Hunt

College. 2. Kong Sau-yu!

College.

Ride Safe

ON

DUNLOP

"Britain's - Best.”

Local Branch. Pedder Bldg. Tel. 24534.

STRANDING OF THE S.S. KUTSÁNG

MARINE COURT INQUIRY.

Fishing Junks and Bright Lights Confusing.

MASTER'S OPINION.

At the Marine Court this morning, an inquiry was opened into the circumstances attending the stranding of the Indo-China Steam Navigation Company's s.s. Kutsang outside Lyemoon Pass on the evening of December 17.

The Court of Inquiry was constituted as under:-- The Hon. Comdr. G. F. Hole, R.N., (retired), President, and Queen's

Lieut.-Comdr. L. G. Addington, R.N., (H.M.S. Tamar), Capt. J. A. King's Stewart (8.8. Ixion), Capt. C. Howe (s.s. Faludina), and Capt. A. Hall

(Hs. Telemachus) assessors.

MONTARGIS FRENCH PRIZES.

}

Matriculation and Senior.

1. For candidates from Gov- .ernment Schools. Miss Barbara Budden — Central British School.

2. For candidates from Non- Government Schools.

Peter Augustus Tran Ba Tu-St. Joseph's College.

Junior Local.

1. For candidates from Gov- ernment Schools. No sward.

2. For candidates from Non- Government Schools.--Chin

Meng Lilabhan St. Joseph's College.

Mr. D. L. Strellett, instructed by the China Coast Officers' Guild, appeared for the master and officers of the Kutsang, Capt. V. McC.. Liddell, Mr. R. A. Bell Suer (Chief Officer), Mr. M. R. Smith (Second Officer), and G. A, Angus (Third Officer). Mr. E. Davidson had a watching brief on behalf of the Indo-China Steam Navigation Co., owners of the ship. Capt. T. T. Laurenson, D.S.C., secretary of the China Coast Officers' Guild, was also present.

After Mr. Strellett had remarked that the main facts were known, namely, that the stranding occurred on December 17 at about. 8 p.m., whilst the Kutsang was on a voyage to Hong Kong from Calcutta, via Singapore, the President called evidence.

MASTER'S LONG CAREER.

Captain V. Mc. Liddell, giving pass bearing was not recorded. evidence, said that he was master The course had been N83E to with- SUPPLEMENTARY PASS LIST of the Kutsang and held a master's in about five hours' steaming

p

Waglan. certificate No. 1764-H.K. The Kut-off

After North-cast L-Matriculation Examination.

sang, he said, was owned by the point appeared abeam witness est Central British School--No. Indo-China Steam Navigation Co., the course at NSE. The distance 246, Miss Yvonne M. Langley of Hong Kong. He had been em- from North-east Point at pass- (Dist. English).

WAS about two miles.. ployed by the company for the lasting. II. Sentor Local Examination. 1% years and first had temporary The object of setting the course ship, will also be upsetoen's College No. 2 command of Ship is 1904. He NS.E. was to pass about two-

Elu cheurg,

ceived his first permanent command miles east of Wagla in decids. leave Plymouth. The move

in April, 1908, on the a.a. Cheong- tag on the course witness also took meats of the cruiser Norfolk, whose captain is one of the

shing, which was on the Hong members of the Lucia Court of Enquiry are also, it is re ported, cancelled. Reuter,

cases

Shanghai, To-day, Wilhelmsen's agents deny that the s.8. Tricolor was car- rying munitions to China other than 100

of "safety" cartridges from Hamburg which were loaded on the poop, while it is understood that the explosion occurred amidships. -Reuter-

Shanghai, To-day. There is a growing agitation against the new, traiff on wool- len goods, which severely pen- alises Bradford. The duties are very complexed, but it is estimated that, the import tariff on all-wool cloths under six ounces per square yard, approximately 3/6 per lb. for 6 to 12 ounces and 8/1 over twelve ounces, 30 per cent Ad valorem. Tweed suitings and overcoatings are especially affected-Reuter.

Washington, Yesterday. "The situation is desperate and if not mended soon there will be a revolution," declared Senator Heflin in raising the question of distress and un-. employment in the poorer agricultural districts. In the Senate. Referring to the in- cident in New England and Arkansas Senator Heflin threatened to obstruct all Government legislation until Bill providing for leans of $15,000,000, which the House of Representatives rejected, had been passed.Reuter's -American · Servicole pe

New York. Yesterday, The Amalgamation is #B nounced of the International Mercantile Marine and the Roosevelt Shipping Com panies. Reuter's American Service.

A Paris, Yesterday. The body of Marshal Joffre was transferred to Notre Dame last night in preparation for the funeral to-day. The streets along which the procesalon passed bore a gloomy aspect, all lamp-posts being draped in black and aky signs extinguish- ed as a mark of stead of fixed bayonets the guard surrounding the hearse bore torches en rout cathedral, thehearse being Ardde drive

Diocesan Boys' School 288, Chan Kwok-ping.

No.

St. Paul's College → No. 294, Kong-Tientsin run and brought him Fung Kau-u.

JUNIOR LOCAL

EXAMINATION.

St. Joseph's College. 110 candidates entered: 39 Passed, 58 Failed, 13 Absent.

run.

into consideration the set of the tide, which was due S.W.

After Batting the course, wit to Hong Kong every fortnight or three weeks. In 1915 he was trans nesa left the bridge leaving the ferred to the 6.9. Kumaang, and in Chief Officer in charge. He next 1918 took comniand of the 8.8. Nam- came on the bridge just before. sang on the Hong Kong-Calcutta Waglan light appeared abeam. This brought him to Hong This would be about 7.12 p.m., and

month, then the ship was about three- Kong practically evory After returning from leave in 1921, miles-off the light by dead reckon- No. 461, A. R. Abbas (Dist. witness was sent to Britain at the ing. The weather

was normal Arithmetic and Mathematics); 462, R. Abdullah: 454, E. A. end of that year to bring out the with a N.E. monsoon and E.N.E. Alves; 458, G. M. Britto; 462, A... Kut-Sang and he had been in wind. It was clear and visibility

ex- command of her ever since, was good for about three miles. Castro: 468, Chan Kin-cheang cepting for a period of seven ahead. Witness altered the course (Dist. Mechanics): 466. S. Chanmonths' leave in 1929. The Kutto N.34W. (by the compass) when Look; 469. Chin King-yung; 470,

aang was on the Hong Kong-Cal- Waglan was abeam, the speed be- Chin Meng Lilabhan (Dist.

cutta run, on a figure eight route ing roughly 10 knots. From Wag- French): 475, Chow Dick-cheung thus: Hong Kong, Amoy, Shang-an onward he sailed by eye. In (Dist. Mathematics and Mech-hai, Japan ports, and return to accordance with usual practice he anica); 476, Chu Hok- Hong Kong via Amey. Then she took charge after eighting Waglan. yuen; 479, A. Cordeiro (Dist.left Hong Kong for Singapore, Fishing Craft Numerous..! Arithmetic); 481, G. Edward

Penang and Calcutta, returning by His net object was to pick up (Dist. Arithmetic): 489, Ho Shiu- the same route, so that on every Ta Thong Point light. This was lal (Dist. Arithmetic, Chinese round trip the ship would pass low and screened light. Fishing Chemistry, Mathematics and through Hong Kong twice. On the craft were very thick ahead, and Mechanics) 490, I. G. Johnson return to Hong Kong from Calcutta, he had to keep thanging course 492, Kam Chan-man; 498, Khoo

the last port of call was Singapore practically the whole time on that Yen-hee (Dist. Mathematics);

On one occasion which the ship usually left, as per account.. 498, Lau Wing-kwong (Dist. Mathematics); 602, Lee Pak-iu; schedule, at 4 p.m., during the NE condition became so bad that it 504, Leung Chee-min (Dist. monsoon weather from November was necessary to bring the ship to March. It took six days from right round. Another thing” he Mathematica and Mechanics); 507, Li Yuk-im; 509, Ma. Wing Singapore to Hong Kong, usually had to contend with was that when fat (Dist. Arithmetio): 612, arriving here at dusk. It was usual approaching land there were Meng Heng (Dist. Arithmetic, for the ship to proceed straight bright lights showing.

into harbour. without waiting for Mathematics and Mechanics) daylight, except when it was foggy.

(Continued on Page 9.)

;

Telp From Singapore. Referring to the trip which re-

514, Ngo Cheng-hai (Dist. Mathematics and Mechanics); 517, J. O'Sullivan; 519, Pak Mau- fun; 522, H. A. de Barros Pereira; ulted in the mishap, Capt. Liddell 528, Poon Chor-on; 527, R. M. V. said that the Kutsang left Singa- Ribeiro; 535, A. L. N. da Silva; pore on December 11 at 5.03 p.m. 587, J. A. Silva; 539, R. M. da The draught was 25ft. 9ins, aft and Silva; 540, Sim Penkait; 549, 20 ft. forward, and speed varied. A. M. Souza; 551, A. D. Williams between 11.4 and 8,6. Expected (Dist. Arithmetis); 552, 0. R. monsoon weather was met on the Wing Lee (Diat. Arithmetic, voyage, but everything was normal Physics, Chemistry, Mathematics, until in sight of Waglan, at 6.22 Mechanics and Biblical Krow. p.m. on December 17. The bearing ledge) 558, Wong Hok-tsang was N-7-W true magnetic; the com- (Dist. Biblical Knowledge); 554, Wong Shun-wing; 655, Won Suf- in (Dist. Arithmetic, Mathema tics and Mechanics).

Queen's College.

622, Siu Woon-to (Dist. Arith metic and Mathematics); 627, Tam Chak-lam (Dist. Mathema- 83 candidates entered: 28 tics); (632, Taui Shiu-she (Dist. Passed, 58 Failed, 2 Absent. Mathematics); 683, Tung Wing- No. 562, Au Yeung-chiu (Dist. ki; 685, Wong Kam-to; 686, Wong Chemistry and Mathematics) Kin-chik (Dist. Arithmetic); 688, 688, Chu Chee-cbak: 669, Chu Wu Hok-ling (Dist. Arithmetic) Kwoon-ip; 570, Chung Sul-on; 689, Yau Iu-kwong, 648, Yung 681, Hai Sau-tin; 582, Hung Kit-Ying-nam. V ahlu 688, Hurg, Mo-chia; 56 Candidates entered: 6 Pass.

Adam Wah Yan College.

Im Sam-chuen 689, Lai Chi- Kong (591, Lau Tin-chak (Dist. ed, 47 Falled, 4 Absent Chemistry and Mathematics) No. 64G, Chan Chuck-fai (Dist 598, Lee Chung-fat (Dist. Mathematics and Mechanics); Mathematics) 595, Lee Sul-hung: 678: LI Woon-ying (Dist. Mathe- 597 Leung-Fung-chol 605, Li matics and Mechanics); 686, Ngo Hong-wing 812 Mak Kam-Siu-hes Dist Mathematics and Kung: 614, K Nazarin: 617, Pang Mechanica), 690, Woo Hou-kong Zuk chuen,618, Poon Tso-yam (Dist. Mathematics and Mech

Dist Mathematice) 619, Pur adies) 009, Yung Koon-yse Kam-yong (Dist/Mathematics) (Continued on Page 6)

.

COLDER.

this

To-day's weather report from the Royal Observatory states: The anti-cyclone central to

the North of Korea has streng

thened.

The typhoon in the 8. China Sea has filled up.

prevails

Strong monsoon ́along the S.E. Coast of China and a freshening monsoon over the N. China San.

Forecacti-NE. winda; mo

derate to fresh overcast at

first; finer later colder,

Rainfall.

Bainfall to 10 am. to-day nil Rainfall since January 1, 0.02 inch against an average. of 0.16.

Temperature.

The temperature at certain Especified centres this morning

at 6 o'clock was:

Hong Kong

Macao

Pratde Inland

65.

74%

82

Manila

Foochai

A

Swałow

28