1948-02-19 — Page 3

THE CHINA MAIL, THURS DAY,. FEBRUARY 19, 1948.

Five Million Dollar Bail Carnal

NEW CHARGES AGAINST

CHIH-CHUANG

HSU

a

"I hold that the inherent powers granted to

Magistrate in respect of all cases coming under the Chinese Extradition Ordinance have not been fettered in any way,. The mere mention that procedure in such cases should be mutatis mutandis with any other indictable cases be- fore a Magistrate must include the power to. grant bail."

With these words, Mr. F. X. d'Almada, at Central.

[

Magistracy, yesterday laid down the ruling Caffer one and a half hours' legal tug-of-war between Crown Counsel, Mr. A Lonsdale, and Defence Counsel, Mr. M. A. da Silva) that Magistrates had power to grant bail in Chin- ese extradition cases. It was the drar me on remund standing. Bony lofor the hour of the main such Bau Chh ent for hearing. He was V edusader, Wanted by The Clonese bis relived when he award the Blowerement be alleged misap ders not yesterday.

Fresh ban in the all-time high fus in Statelor in backup ft $5,000,000 wh

fixed by Mr. band og extrudata, fi poveromslangs. I d'Almada.

י

Bol ni gf one he had been fif by Mil

prons from

42 24

"Secondly, a very large sum of money is involved.

Thirdly, it has been shown

Knowledge Charge

Wong Tok-yan, 17, studçat, of

that defendant has shown his No. 173, Island Ruad, apared abibly to move from the place tore Mr. Thomas Tum at Cen- in which there is Jurisdiction to trat Magistracy yesterday for the ey his fence, a place where hearing of charges against him there is no jurisdiction to try involving a 13-year-.ld girl, the offence,

Defendant, who is representerd

Marcus da Silva,

Wong 1:4

"And, fourthly, there is the ty, Me. higher responsibility pinced charged with won us hy virtue of the fact knowledge of an under-age that we are under a treaty ab and indectat assault, ligation. and if there is then $10,000 bail. slightest possibility of defen. Inspector Galvin, prosecuting, dants, after waing on ball. Mr Tun, that he had three evnding justice and proceedlings | Witnesses,

·

Didn't Ask If He Could Have The

Sweepings

Rodent Removals Required

is failure to observe the usual practice of asking the Chief Officer's permission before taking the rice sweepings resulted in Lee Saf-ping (38), assistant store-keeper of the m/v "Sin Kiang," being fined $150 by Mr. W. H. Latimer at Kowloon yesterday. Anying vantial

eight bags approximately 700 Charged with the larceny of

Intties) of rice, valeed by Mr. J.E. Noronha - at 3600, from the ship 3 pm on Feb. 14. Le pleaded that he did not steali m this Colony, itat in Dr. Francis Ho of the Queen the rice but ly took it เล

sweepings. which you should not exercise Mary Hospital, gave expert me. the power which you may fogli dient evidence, saying that a 13

Mr. F. Kelly. Chief Ofeer. venr-old Er was yourself to have.

ataled that it was not unusun sent for me. "The next matter. do nos

dical "dination on Nov. 27. know whether it has

1947. There were no bruises r been re ferred to or not

-$15 of a IM that it in

struggle. He said, within the power of the Policewever, that there were lurra to prove that there has been an attempt by the accused to evade

When the girl entered the box. by

the Press was requested to leave. fleeing from justice,

The defendant, who was form

Troke.

to have a large quantity of Piper, the Kwtiyang authorities sweepings in a shipment 1100,

TE

Instead of calling for a Pied

have commissioned the city's [ propulation to den; with the alarmı. j Describing the usual practice, Į 28 increase of rats in the Kwet. Mr. Kelly aid that sweepings con capital, according to Chi- were usually rullected by the nese press reports yesterday,

Hegularly Lenaignees. In the present case stizens are reqtured la bring in fortnight,

holds, five each; grocery stores 17 bags were collected from the fixed number, of rats - house. artment, to whom the rice was arding wouses, inns, hotels and ecnsigned.

hey ench 10: and entertainment plaers

theatres.

pubit resorts, ruch 20

this Colony, but by fleeing from ally rented for one week, will five holds by the S. T. & 1. De

life itself.

"And if after all these arg ments Your Worship were tri come to the conclusion that, even so, ball should be granted,, then

The hearing was

remanded for a werk.

The two new tharges laid by the Chinesis Government Reins, thcomplete posterday were that being what sum would You Wor

pended as the conges 1

..

Chat

Mr Peter

}

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peble servant, he did in ship fix built in my submission. anghal on Fell. 28, 1946, real Str, it should be in such a sum, Sermon 1788 Victory

any be, as to 1mt l'antastie

the far vabe of 188269,00o) take into consideration the large from the Chinese Government, sums of money which are in-1 and, in the same rajuity, Feb, 22, 1947, he stola (N$2,850 1:2

bail

volg in this case,"

Mr. Silva's Reply

March 2 and 3.

for hearing appear

Press Ordered From Court

Edward Ebas Blits, 40, 2

011

oger of the China Sea Trad Company, China Budding opa- peared before Mr. P.X, d'Almada

In so far as the Supreme In his reply 3Mr. Silen attack,jat Central Magistravy yesterday. Cart is encerned. The powered the submission that if bail Inspetor T. Cashman prosecut- of granting

was to be alloaver, it should be feil, winle Mr. P.AL. Vine nypres nherant, be this is not

a tented defendant. + is the case in such fareal amount

Defendant was of magistrate, winch can only be tantamount to no bail at all.

rmanent for |he exprefsing according to at The argument In this ense, the week,

te, said Mr. Lonsdicle, Basaid Mr. Silva, was whether!

The Press was ordered from With Bed puedective of liberty in the Magistrate had power to the Curt before the charge was

Print bail of not. His decision and, would he of Paramount Im Lortance.

itself but was a question criminal provatore

Tientsin Treaty

He referred to the Tears of

In the drafting of the Hang | Kong ordinaner, at was surely

Tentsen, paragraph 21, which) not in the midfthe logistn- slates that if rippual. deels of Choun, take refiner in

Hong Kong or on board British shaps there, they shall, upon due requiriting by the Chinese an khorsties, he searched for on proof of their gudt, he de- Derred up.

FILIPINO REMANDED

Consignees would only collect such sweepings as they thought would be worth their while, if the consignees were of opitis that the erst of collecting would be greater than what the rice would be worth they would not b Trouble to collect,

The b·ft overs taken by the crew for their own; were usually

Consumption.

Error Of Judgment

every

and other

A the of CNS2,000 will br imposed for earls rat short of the required number; for each alive, a reward of CN5500 will

male.

ST. JOHN'S AMBULANCE ORDERS

Cumm

A

In reply to the Magistrade, Anders by An

PARADER.

rid

Arenit, Bra

Mr. Kelly said that if defendant! Ketog Commissioner 81, J. A. 1. And applied to him for permis. 78 dated February with, Esen, an to keep the sweepings he HONGKONG;th Net Div, Яh Nam would have referred the mat lege Sat top to the consigness and, if the past Toko Jaber were agreeable, he would | 2.00 mm. have given the necessary "per. KOWLOON- Bator Transporl Div

21. 7 p.m. Shaukiwan Ch

Hal. 20

Mutor

Dzirup Assarintlnt. Tarm. 1 Fri. 27. Feb.

24th

mission,

When Mr. Latimer comment. Toom-hutes Day, Divint Deilt Ture, ed that it appeared

to be anfilth, Pel

INSPECTIONS. on the dete Act. Commissioner terror of judgment

will set the fendant's port. Mr. Kelly great following Disodone at Brigade Homilquine- and added that accused

kepala 1,30 m WIN

The following distes, Friday 24th. Fr. K...), «. Tweeny 24th, Pk, Shacklwan Div. Felin 27UN Feb, Matur Trampart, that he AMBULANCE SERVICE DUTIES.

Tors Bhat beeanse no mention of

Jan Patawaran, 40, Filpin, was made. this power it

of was remanded mifit Pib, 24 tu | working on the "all same" prin granting bail by the Magistrate locuments to be obiad from riple of Chinese consignees, and was to be excluded. If that was Cables and Wireless when defen under the impressign the intention, it would have beendant appearen at Centrat Magis was quite entitled expressed and not felt in mid tracy yesterday In answer to

aswerpings, summons of seeing a cable from Hong Kong to Colombó parport,

air.

The onus was fur the Crown

Silva attacked Crowver

Defendant pleaded not guilty. Inspector R. 11. Woodhead. Is

"We have an obligaty there

to prove that it was in the minding to be fr.m the Tomigration fort to make sure that persons faftihe legislators that the power authorities. where the subgret of the re-uld be excluded. quisition shall be brought be.; Mr. fore the Court cast the offence counsel's contention that be prosecuting. shall be heard as prescribed by statute or ordinaner, to de- terntine how he ease atands against them."

enuse of treaty obligations, feur,

an accused jumping ball should inlupee the Magistrate to refuse granting it."

"It is

B.I. ORDERS MORE SHIPS

The British India

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to the regole 21st, to Fete, 27th „Central Division.

7.3 p. i 7.30 .m. beh, geth to Mar, Dth. Klogs College Det. L ́Cpl. Wong Kam testi-. Civicon. fed that when he went on board Mur. 1. 10 Mnr. 12th

Confusin the ship, off Taken Decks, ut midnight on Feb. 16. his como Offer LEAYE. panion. Tam- Kau. pointed out onthe sick leave from 17.2.48. accused as the man who gave ikional Supte, are remindst that their

him the rice.

Tung

Kin Bhing granted

NOTICES,

Tech' 11.Q. nut Engaged Coolies Inter than Saturday 2st. Februngy 1949. Questioned, defendant told the The presentation of the H.K. Ambulance detective that at 10.30 am. on Mr Boon Haw will take place Murray nude Ground on Tuesday Peh. he engaged 25 cooling 24th, Feb. at 8.30 pm. All Offer In work for him to clean out other ranks attending with 'parado In- the holila which contained fire-unifurto al f.10 p.m. word and rive.

(Scd.) R. A. EDWARDS,

When work was completed at 3.30 p.m. he (accused) found that he could not pay the men

Carps Omeer.

RADIO

"If hat were available, it

As to the amount, Mr. Silva weld mean there would be no said it was just a question of certainty of implementing the re-exercising

Steam the discretion Navigation Co. have ordered four treaty obligations, because it exercised when bail was orgin-mary cargo ships and one small would depend not upon us, butally fixed at $1,000,000.

assenger ship, bringing the total upon the tellive himself."

order for the now building or on order to 21 The facts on which such ap- Crown to tell you what amount With the 33 vessels built duri plication is made, coming as you should fix. The factual pasting and since the war, this means they do from a foreign country, tion then and now is the same," that their leg of $1 during added that if he had not given zuw Hong Kong broadcasting on. are necessarily incomplete and said Mr. Silva, "You knew then hostilities should, by quite inadequate to be placed be that the amount involved was two years, be fully accounted fore a Court. They are Incum-five to six millions."

lete oven for counsel

to rely Mr. Lonsdale interposed: upon in outlining the case which there was a new factor in the

Le intended

before interval, in that accused to pul

had

for.

"I hold that the Juherent

in cash so gave them some of)

the rice sweepings instead. He

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1.00 .m.-Andy fans and His Islanders 1.1 p.m.-News, Weather Report

Announcementa,

And

the next the sweepings

tway he would frequency of 845 Kilorycles “fřím | 12,30 have "thrown them away any-te zibe pm and from 6.00 to 11.00 pm. and alad on 6 megneycles in the 31 how."

moter band from 12.10 to 1.30 to 7.30 Defendant further said that fed 9.00 to 11.00 p.m. the unloading of the rice cargu K.T. ments of Mr. Lonsdale for the was under the supervision of n Court; and it ally after in-attempted suicide

Crown and those of Mr. Silva, Government official who found vestigations and nsking re- Mr. Silva replied that this at- in reply. peatedly for evidence of a cer-templer suleide story had been

the quantity correct.

Lee admitted that he gave the can be much harped upon, and said powers granled to a Magistrate rice away ["aln" type that a case

presented with any degree of surely the accused's dear unes in respect of buil in all cases ledge of the Chief Officer,

without the know- accuracy or clarity to a Magis would be more concerned with coming under the Chinese Ex- In Court, Len-suid-that-he

his welfare than the Police.

tradition Ordinance have not was in charge of the stores but Mr. Lonsdale reminded the been fettered in any manner not in charge of the key. It was Magistrate that if he decided he and that the mere mention that quite possible that while the had the power to grant bail,

taken out of procedure in such cases should} bags were being be mutatia mutardis with any the holds some of the rice might bui in extradition cases was other indictable cases before a have fallen out.

trate.

"Farcical"

he would, have to remember that

Finding

Mr. d'Almada said:-

Magistrate. must include the

power to grant bail.

"Particulars of the

offence

CINEMA RACKET

"It would therefore be farci cal. I submit, for a Magistrate to be given the power of grant ing bull in like manner as he would in cases_for_committa), rarity, because the facts on which the magistrate would normally de- termine whether" bail should be "The prisoner is before the have been handed to the Gourt) granted, would not be before Court under the Chinese Extra-today. The prisoner is therein the Magistrate."

dition Ordinance. The argument described as a public

When 20-year-old Ng Kwong servant, "If it is Your Worship's rul- before the Court today is upon and the amount involved exceeds was arrested outside the Central ing that you have the power to the question of ball. Bill had the amount at which

Theatre last Tuesday the US-

night by graat hall, then I would argue been fixed at a sum of $1,000,000-pende bail has been fixed.

Entertainment Tax Inspector that in this case you should not and this bail WOR

Jehn Mugford, he had 15 $1.70 subse I have not overlooked the grant bali,"

tickets selling for $2.00 each. suspended at the re- fact Also that, as mentioned "Firstly, this cane can be quest of Mr. Sin, then appearby

Charged with breach of public Crown Counsel, this put down for hearing in a forting for the Chinese authorities, matter

entertainment regulations, Nu would proceed upon appeared at Central Magistracy night from now. In so far s "I have gone through the the present charge in any event, yesterday and was fined $200 by the Crown in concerned. I take Chinese Extradition Ordinance and in the course of further Mr. FX. d'Almada, my stand that within a fort very carefully. The whole of evidence, further particulars night, if I have the evidence, I that Ordinance a silent on the will be supplied. I must take into shall come forward, or if question whether a Magistrate consiferation this matter when have not the evidence, then I has power to grant bail on re-denling with the question of ball. leave the matter to the Court's mand.

I therefore suspend the consideration.

"I have recorded - the

argu, granted.”

י

RIP KIRBY

quently

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