1938-10-20 — Page 4

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99

THE CHINA MAIL, OCTOBER 20, 1938.

CASE UNDER EMERGENCY REGULATIONS FAILS

Mr. E. Himsworth this morning dismissed the charge brought under the new Emergency Re- gulations against Wong Shiu-chi, accused of an offence by making an inflammatory speech aboard a ferryboat..

HEADMASTER ON BRIBERY CHARGE

In his judgment, -Mr. Himsworth challenged the police interpreta-

tion of the regulation, stating:

The defendant is charged with an alleged breach of Sec. 19 of the

Emergency Regulations.

That section reads, "No person

At the Central Magistracy before shall do any act in furtherance of Mr. R. Edwards this morning, Hung the promotion of a general strike, Kwan Chor, aged 25, headmaster of or of disorder of any kind, or of the spread of gedition, within the the Communication Electrical. En- gineering College, and Cheung Wai colony. The phrasing of this sec- tion, if it is to be clearly under- Lun alias W. L. L. Chang, aged 25, electrical engineering teacher, were stood, requires careful analysis. charged with offering a bribe of $100 in Hong Kong currency to of the promotion of a general strike. Mr. A. E. E. Jeffṛis, radio inspec-secondly, an act in furtherance of tor, with a view to influence his disorder and thirdly an act in fur- conduct as a public servant, on therance of sedition. The defen- September 29, at No. 27 Lyndhurst dant is alleged to have committed Terrace.

breach of the second kind of act,

✓

Three kinds of action are pro- hibited: first an act in furtherance

1

Mr. J. Prentis, assistant Crown although the charge is, I think solicitor, appeared for the prosecu- wrong in stating his act to be "in tion, Mr. H. S. Lo for the defence, furtherance of the promotion of and Sub Inspector E. Franklin for disorder". The words 'the promo- the Police.

tion of" are in my opinion confined to

A further charge of being in -possession of a transmitting and receiving radio set without a licence, was laid against first defendant.

MILK THEFT

A formal remand of one week, the phrase 'a general strike and was granted. Defendants were al have no reference to the words 'or lowed bail of $500 each.

of disorder'.

The facts of the case are that the defendant in

an impromptu speech on the Man Kung Ferry on October 9 said that all J. P. s and all rich Chinese in the Colony should be killed, that the drivers and owners of cars on that ferry should be killed, and that a certain director of the Yaumati Ferry Co should be killed. The point in issue Ng Tin, aged 20, unemployed, is whether these words constitute was this morning sentenced to six an act in furtherance of disorder'. weeks' hard labour by Mr. R.

NO DISORDER Edwards at the Central Magis- According to Webster's Diction- tracy, when charged with the theft ary the word 'furtherance' means of 20 milk bottles from Kennedy an act of furthering or helping Road, and with receiving stolen forward, or advancement'. Now property. Į

this case the evidence shows con- Sub-Inspector J. Flattery said clusively that there was no disorder. that at about 10 a.m. yesterday de- The outward reaction of the crowd fendant was seen by a Chinese de- on the ferry which heard defen- tective, carrying 20 milk bottles. dant's words was nil. His listeners, When questioned, defendant ad- not only did not indulge in any mitted that he had collected them disorder, but apparently expressed from some houses in Kennedy no reactions whatsoever, either of Road.

approval or disapproval, but went Mr. K. F. Andrews, assistant of no further than indulging in a the Dairy Farm, was present as little idle curiosity by giving the complainant.

speaker their attention.

•

It should be observed that the re- gulation does „not” intimate that words which tend to, or which

Rev. Father O'Mera, of the might lead to the furtherance of Seminary of Aberdeen, has report. disorder constitute an offence: they ed that during his arrival in the must actually help in the advance- Colony by s.s. Rajputana at the ment of disorder.

Kowloon Godown wharf on Septem- It does, however, seem clear that ber 22, some person stole a gramo- you cannot further, help 'forward phone and forty records to the value of $300,, from his luggage.

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advance ” something which heither exists nor was brought in- to existence.

Since there was no disorder what- Boever in this case, I hold that the defendant in making the above re- marks did not do an act in fur- therance of disorder. He is accor- dingly discharged.

Chan Ma-ying, fisherman, report- ed that about 11.30 a.m. on Octo- ber 18, when his junk was sailing near the Sam Mun Customs Sta- tion, with a crew of eight and a cargo of 30 cowa and 85 pigs, he met a Japanese warship which stopped the junk. He and the crow were ordered to leave by sampan, and the junk with the cargo was taken in tow. It was said that the was valued at $1,325.