1952-12-22 — Page 10

Shanks & Co., Ltd. Sanitary Equipment:

INEERINGE EQUIMENT

Shanghai Bani Kulgere

JUDGE REVERSES MAGISTRATE'S DECISION

Chinese Wins Appeal

Coming to the conclusion that the learned Magistrate (Mr W. H. Latimer) should have held that the certificates were not "notes" within the meaning of Section 2 of the Foreign Notes (Pro- hibition of Circulation) Ordinance, the Senior Puisne Judge, Mr Justice E. H. Williams, this. morning allowed an appeal brought by a Northern Chinese against an order of confiscation by Mr Latimer at Central Magistracy on September 26 last.

The appellant, Teung Peng-chỉ, 36, of 74 Canton Rond, first floor, appealed' against the decision of Mr Latimer in ordering the confiscation of 400 US$10 mill- tary payment certificates. He had been charged with circulating the certificates, stated to be valued at US$5,- 000. The Magistrate cautioned him on the 'charge on conviction and ordered confiscation of the certificates.

Mr O.V. Cheung, instructed Counsel for the respondent con- by Mr Arthur K. W. Lui, ap-not be likened to such vouchers for tended that these certificates could poared for the eppellant, while the oertuientes could be taken by Mr G.R.. Sneath, Crown way of change when certificates of

larger denomination were tendered Counsel, represented

in payment of goods. He also sub- Crower,

mited that the certiäcates were in- was heard

tended to circulate freely within the and that their circulation within Various communities of US. Forces

these communities was unlimited from one very unimportant opert exception.

was

the

on

this

The appeal December 5, and written Judg ment

delivered morning.

Clving his decision, Mr Justice Williams said;

This is a case stated by a magis- trate who found the appellant guilty of attempting to tiresinte certain United States Military Payment Certificates contrary to seellan 4 of the Foreign Notes (Prohibition of Circulation) Ordinance, Cap, E3 of the Laws of Hongkong.

The facts as found by the learned magistrate are simple. The appel lani was in possession of 600 certis fleates in a room of the San. Kwong Hotel. Des Voeux Road, and was in tijo act of negotiating their ex- change into inoney with a member of die "United States Navy when the proceedings were interrupted by the Arrival of the police.

ap-

The certificates in question, bear either the figures 35 or $139, also printed on the face of the certi ilcates are the words "Military Pay- ment Certineate" and "For use only in United States mittary establista- ment by United States authorised personnel in accordance with picable rules and regulations". Ún the reverse side are the same words.

The issue, circulation and the certaigālēē”

US Inlo version

currency other legal tender are govern- ed by official | regulations issued Armed Forces of the the United States by the Goverment of the United States: a copy of the regulation formed part of Die case stated,

to

constituted "Notes"

|

It is to be noted that the Bank Notes Hua Ordinance. which was passed in 1883 prohibited Cap. 0J, any unauthorized issue of bankrute by ather Banks doing business in the. Colony, but there was no law. to restrain the circulation of notes bu by parties or institutions having their" headquarters elsewhere than in Hongkong In my opinion, the Ordinance under review, namely, the Foreign Notts Prohibition of Circulation Ordinance, was passed In 1813 in order to prevent the ofreslation of such notes as currency, The Ordinance does not prevent the Importation of Foreign notes: It provides, however, that such notes, It nuorted, shall only be dealt with As part of exchange business through Du exchange banker or licensed money-changer (See Section 4 (2) or the Ordinance).

STRETCHING

MEANING

these Can It then be sold that certificates are “intended to circulate Pas money-and are sccordingly notes

within use at

meaning of the

the Ordinance? In my opinion, they are con-

so restricted by limitations as to the area of use and the nature of the | Individuals who may use them that it would be stretching the meaning

Dr

of words unduly to say that they

freely from hard to раз

hand

| Throughout the community. It is t

be observed mat on their face, they are not called "note" but only "certificates." They lack the plement of central acceptability which seems to me essential before they can be called `à “circulating medium."

I have given, I

For the reasons within

The

QUESTIONS OF LAW The questions of law arising tor the opinion of the Court on tho case were (1) whether the certi- ficaten the meaning of Section 2 of the Ordinance; and (3) whether on the Lacts the appellant was attempting to circulate the cerilucate within the meaning of the Ordinance. At the hearing before 11 appellant abandoned his appeal Against the finding of the magistrate lias there had been an attempt to circulate the certificates. There re malas therefore anty the Urst ques- tion for the Court to anewer,

For the purposes of this case "note" desced in Scellon 2 the Ordinance Includes any paper "purporting to be or represent money and intended to circulate money by Section 3 of the Ordinance the circulation of all kinds of notes other than those of the Hougkmg und Shanghal Bank- ing Corporallen, the Chartered Bank of India, Australia & China, and

Mercantile the

Bank of India prohibited. Į bould add that the Financial Secretary under the Dotter Currency Notes Ordin- power to anee No. 41 of 1835 has issue one-dollar currency riotes.

of

A DEFINITION Money is not defined in the Ordinance but Counsel for pellant and for the respondent re led on the detailion of It contain- ed in Moz v. Hancock, (1000) 2 Q. B. 111 where Darling J. np. 116 states:-

have come to the conclusion that the learned magistrate should have #held that these cortifcales Are not "ules" within the meaning of Sec- tion

of the Ordinance.

The appeal is therefore allowed and the conviction quashed.

Recreational

Visit By

US Warship

CHINA MAIL

Kitabĺžkeð 1845

MONDAY, DECEMBER 22, 1952.

Sheaffer's

THE WORLD'S BEST!

Holiday Camp Officially Opened | Appeal Against Living

$11,200 Fine For Overloading Ship

Conviction For Exporting Gold

Convicted by Mr Horace Lo at Kowloon Court ́on October 23 and fined $500 for an alleged attempt to export 14 packets containing 700 taels of gold on board a ship lying in Victoria harbour on August 26, a Northern Chinese, Shu Shuen, 29, of 35 High Street, second floor, appealed against his conviction before Mr Justice E. H. Williams, Senior Puisnę Judge, in the Appeal Court this morning.

The grounds of the appeal were (a) the con- viction was against the weight of evidence; (b) there was no evidence or no sufficient evidence whereon to found such conviction; and (c) the decision of the Magistrate was wrong in law.

The Hon. Leo d'Almada, QC, jout of hand by the Magistrate and Mr Brook A. Bernacchi, because he should have con- both instructed by Mr Y. H. sidered the mentality of a man Chan, represented the appellant, of the class of the appellant, ami while Mr G. R. Sneath, Crown that test shall have resulted in Counsel,, appeared Jor the him holding that although the

Crown.

Language

Why we pay Tariff,

The word "tariff” cari mean either a bill-of-fare, or a list of "goods on" which duty must be paid for import or export. In either case it gives in- formation, and this is just what the word ori- ginally meant,, for it comes from the Arabic [ ta'rif ̧· meaning Informa-

tion.

Mail Notices

The Jiten timman of posting shown below are those for un- registered correspondence pasted at O.P.p., Hongkong. The inters porting times pinewhere which, In general, ara exriler than the G.P.0. times, can be ascertained by_enquiry at the local offer. The latest posting times for registered articles are generally one hour earlier than the timer *shown below. Particular re- garding - pares), malls can be nas - certained by, enquiry, at any post

omice.

MONDAY, DECEMBER - S

By Air Philippines, N. Borneo, 420 pane C.P.A.

Indo-China, (Tonkin only), 430

p.m. G.P.A.

p.m.

story was not convincing it might Opening the appeal, Mreasonably be true, d'Almada" said the appellant was It was obvious from the note convicted on a charge of at-made by the Magistrate as to tempting to export a quantity H Anding of fact that the of gold at 8 am on August 20. Magistrate was completely in- The ovidence in brief was that auenced by the fact that, In his Revenue Inspector Knox went opinion, this was a preposterous on board the my Hanson about story, and one that had to be -5,20 a.m. that day and found rejected, and he did not direct Fortos, U..A.. (Seattle & Wes- the gold hidden in the fore-

himself

on other matters of ter peak store of the ship

great moment in regard to the the appellant

Ingredients of the evidence, sald admitted Counsel. The Magistrato in regarding the gold, ho responsibility for the store, bus efect said the appellant was denied having placed the gold lying and he was therefore guilty hero.

However,

he admitted he of an attempt to export. would be responsible for any Hold found

md there. Later on, he claimed the gold as his.

Mr d'Almada submitted there of cross- were material aspect course

which examination Revenue In-

In

of

·MATERIAL ASPECTS

full cargo of animontat amitted to switching them on not know when the e

that

Witg

WBS

States), Canada H.R.A./N.W.AJA

Japan, 6 pm. B.O.A.C.

By Burtaca 9.a.m.;. 6 p.m., as Leu TUESDAY, DECEMBER 21 By Air Mataya, Indonesia, Austraila, Now Zealand, 8 a.m...... via C.P.A.

Hongank Shins

am, Burma, India, Pakistan, Afrion Great Bellairs," Barope, 11

OAC.

Indo-China, France. French North and West Africa, 4.30 pm. Air Viet-

m Philippines, Guam, Kawall, USA, Canadhoom P

• Manya, Czylon, Glam, Burma,

The evidence really amounted Radio Hongkong

Pleading guilty to allow ing the loadline of his vessel to be submerged, Captain Spiros Kavadias, master of the Greek steamer Nedon which arrived here last fined $11,200 Priday, was by Mr T. B. Low at the Marine Court this morning.

Mr D.L. Edwards, Acting,spector Knox it became evident should have been copeidered that at the time he visited the and among these was that some Senior Marine Officer, prosecut- Ang said that the Nedon with a ship the lights of the ship were of the machinery of the ship

was out of order. There was Painted, Middle East, Great Britain, not on, sald Counsel. ni Knox

also evidence the appellant did Europe, & pm 0.0.A.C. By Burface loaded at Hamburg

Macio, 9 a.m., 0 pmy # Leo Itong here

by way of last Friday

without result, and he further not and thero Wes no Tak Shing.

salling, Tjibouti. Tying up at buuy

admitted the possibility of re

China, People's Republic, 8.30 Din avidence by the Crown that train via Canton. A8, the vessel was inspected by pairs being effected

at that the appellant or anybody

edy ciso

· Blam, 31 sm., as Peter Reed. Mr J.

time. He said in his evidence law when the Hanson would soon, Montague-Ebbs, Marins

MRIKYag Ceylon, India, Pakistan, Oficer, and Mr W.

Utleve.

ho spoke to the appellant

Indonestia, & pun, ka mall Evidenco was also lacking Engineer-Surveyor of Ships, in Mandarin dialect, but the as to where the Hanson

Fukich freeboard on The maximum

evidence of mother Revenue going, as she won described as the port dide mensured 8' 32/"

oncer, Tang F Ping-kwan, was that sida 10', and on the starboard

he did not hear the European ramy. there being a sight list. The officer talking to the appellant

freeboord

9' 134".

about was $ 475! EGUL

out lights. This man could to the discovery of the gold the minimum allowed

ship, sald WAS sot

HK.T. say whether there was such concealed in the

Councel. Mere conceniment In KICTO" ship

1. Programane Burmmary: 5.03, Child. conversation or not madding

as head the circumstances, he submitted, ren's hard hour presented by Bolly overloaded. The mitted

did not he

understand spocitie Kravity

of waber the Northern dialect.

was inconclusive. It might be a Ann with Carpis sung by the Girls of Bellos School under the DireC= That, in substance, Counsel matter for suspicion, but even ton of Mrs. G. Morgen (Concert

that declared,

the fall) 0.30, Portuguese Hal" Hour could not be so in the evidenca

News Talk: (London against the appellant so far as present case having regard to Studio) 7. Time Signs), World

"Sweat... and Low the finding of the gold was the fact that gold was an ex- News and concerned.

tremely valuable commodity Robert Shaw Chorale: 745, Artist of (Horn): and the appellant thought the the Week-Dennis Brain

150, Weather Hepári; B, Appoint place ha had

Rise Was

The mere stevens (Mezzo-Soprano); 8.5 X The at 23 tons. vessel had 335.7 tons of weight It appeared that another official, finding of the gold in the ship like what i like presented by Joan incoticlusive without Philipe (Eludio): 9. The Holly and her more than

allowance

Revenue Inspector: Evans, bad further evidence, and below to the Ivy" by Wynyard Browne, with arrival, therefore the vessel was been detailed to shadow the

the original cast of the Hongkong 1,070

tons overloaded when ship. He said. in his evidence conclusive, sald Counsel, there Blage Club Adapted and produced leaving

That Tjibouti which was op-

on August 27, at 5.55 was. no prima, dacie cane made by Donald Brooks (Studio) 1015,

"Étrauks Soiree" " with BIM Gut, the Hanson

Krassa and the Vienna Philharmonio proximately 20 overloaded.

Counsel went on to refer to Orchestra; 10.45, Chanson Francais On arrival the ship still had anchored off the boom outside

authorities In support of his 1950, Weather Report: 11, Hadio tons Laichikok. and.he 650. tons of fuel and 140

kept the

News Heel (Recorded- London contentions. ship

Relay); 11.35. Goodnight Misle. God observation until of water.

under

The hearing is proceeding. Save The Queen; 1150, Close Downl Defendant said that he load 12.20 p.m. on August 20 when ed in the tropics in Tibouti she led from the waters of with sufficient fuel för D

the Colony,

did not voyage to Taku Bar.

Asked by

fore

8.6"

150

Yesterday, His Excellency the Governor, accom- panied by Lady Grantham, officially opened the Silver Mine Bay holiday camp. Pictures above show Sir Alexander and Lady Grantham arriving at the Silver Mine Bay shore in a row-boat, accompanied by Mr D. L.. Strellett, and His Excellency delivering his-speech-at-taken on both sides of the No allowance ship was 1.025, the opening ceremony-Staff photographer.

for fresh water was

mado.

YOUNG MAN WHO FELL

INTO BAD COMPANY

Theimo Filomeno Gurmarees Remedios, 22, un- employed, of 114 Argyle Street, first floor, charged

was sentenced to one month with larceny,

by Mr R. W. S. Winter at Central today,

Defendant was

an employee

of Deseo de Schulthess & Co. One of defendant's duties was to go to the Chartered Bank to

Rear-Admiral W. R. O'Regan, pay, in money for the company's

Commander of the

મા પ re-

Is 'Captain L. R. Dastit.

left the house"

Carolers Visit

Peak Houses

tho

1.070 TONS EXCESS Mr. Edwards continued

continued that the average daily consumption of fuel and Tresh water estimated

on

4

SHADOWED SHIP

50

Relay): 7.15,

Continuing, Mr d'Almada said | 046 Blding cod it was a ment with Music-Bongs by

he 'Gaw

The ship therefore

0

up-

the Court whether asfl until some 50 hours of 29, de-

he was claiming that he divert-more after the finding of the Fifth account. On October

fendant failed to turn up for

ed his course to Hongkong | gold

and after the on board Cruiser Division of the United

"Hart the Herald Angels Sing" with his

to bad weather, defend- owing and contact

time laid in the charge, name= States Seventh Flect, arrived work,

that be

and other well-known Christmas ant replied in the affirmative had

ly, a.m. on August 20, zald here yesterday in his flagship, family disclosed

Captain Kavadias then add- Counsel." carols brought many people to USS

Los Angeles,

that morning.

The substance of the creational visit from Karca.

Dat he loaded at Hamburg The Manager, Mr M.A. Annett their windows sad verandahs fasted mester Bar but while at sea pellant's evidence was that thei

might to see a group of about checked the accounts and found twenty, carolers, holding coloured

for This is the first call of the

an order to unload was the storekeeper on the ship 13,000-ton heavy cruiser in the approximately $19,000 missing: lanterns and accompanied by a scor

his cargo at Hongkong.

and had been aboard her on a A warrant for Remedios' arrest plano-accordion, command past Ave years. In

singing the Mr Low: Then you came to

The Hanson to Timor. was then 'ayorn out.

traditional English Christmas Hongkong not because of. the stayed in Timor a week and tunes. On December 13, defendant

but because weather

of the then called for Hongkong viu Organised by Miss Suzette returned to Hongkong from od 11 Tony Towell of the order.

ports, and arrived here on Singapore, and surrendered to Royal Norfolk Regiment win, by Imposing a fine for six.odd August 22. He claimed owner- the Police. Ten days before kira permission of Colonel inches overloaded, Mr Low said ship of the gold, stating he had spend their Christmas holidays that, the family of the defend- Orlebar, brought a Regimental that he had no hesitation in im- bought it in Hongkong in March

and refunded barisman in Hongkong," said a spokes-ant had raised

to play the piano posing the maximum dine as the this year in consequence of a $15,000 to the firm.

accedien the Carolieru visited Prosecution had stated that the lucky investment of $10,000 in 31 inches overloaded Africa some years ago. As ho use than in to tender 1 Commodore H. G, Dickenson,

Other than the $2,000 he took eight establishments in the area ship was pax on October 28, $600 on October between "rest" on the top at Tibouti. The master should did not intend to return to of the Peak, and Queen's Gar- have taken into consideration Africa, ho decided to take his October 25, Re-dens, and collected more than the fact that he was entering share of the venture and with Counsel for the appellant referred Hongkong, paid an official cali 27, 31,000 on.

Rear Admiral O'Regan medios had 20 other accounts $600 for the refugee children of the summer zone after leaving the proceeds he had bought the regulations referred to on the face aboard the Los Angeles. The altered, involving $15,705.10, Rennie's Mill Camp.

gold. Appellant also said he Tjibouti. of the certificates pointing out that American admiral returned the which his family had refunded,

intended to bank the gold on the certificates were only for uBO 20

August 27. certain areas where U.B. Forces are call in HMS Tamar.

"The Los Angeles has aboard many boys who have served In the north for a long time. This visit is to enable them to

"Money as -currency, and not as medals, cems to me to have been well defined by Mr Walker in 'Money. Trade, päd Irahustry, an “that which passes dreely from hand to hand throughout the community dinal discharge of debts and tally - ment for contmodities, being accepted qually without reference to the character or credit of the person who offers it and without the tentious man yesterday. of the person who receives consume I of

it to any other

ment for kommoditler.

to warious sections of the US. on

stationed and that the certificates

At 10.30 pm, the party oỂ (rather hoarmo und

It was stated that when de-choctors repaired, to Bracken Birthday Of

were only in be fad as the medium. Al lunch today, Rear-Admira! | fendant arrived in Singapore, he Hal, Baker Road, where Mr and of exchange “authorized person-

· 'Uss notes were much that it

that because Remedios WIS

young, he had folles, into bud INTELLIGENCE TEST SOLUTION company, and had "borrowed" (1) The scores. In the, me the money in the beginning tomates played can

can only taro back a debt of a few hundred dollars, and later had taken it

Tuoreestores ten okusin will entertained had $8,00.. Counsel 1. Stone had Christmas and naval personnel of the United Mr Julfan Harrington, American the Defence, Mr. J. T. Prior fare ready for therm States their families, and also | Consul-General In Hongkong. pleaded for leniency, saying elvillans directly employed there. He argued that these lirnitalos on the The Los Angeles is one of could dos be laid as they paved the most recent Baltimore cinas freely from hand to hand and heavy cruisers. She mounts community and therefore could not mine 8-Inch guns 12 5-inch guns be aid to be "intended to circulate a money". He further submitted and many anti-aircraft and that Khe mischief aimed at in the smaller guns. Ordinance was tha' prevention of the circulation thongkong of foreign Commissioned in July, 1945, currency by way of notes kod that she was the result of a War the provisons of the Ordinanse were Inappiteable to these carincatenus Bond-drive-in the city and andbey would be inappleable to county · of Los Angeles. (A books of vouchers for money, farized by a club to ensola ile member to plague on the quarter-dock ex- pay for meal or drinks de cigarettes plaina tha story)-SON SALE

•

Printed and published by | Witkassi --ALICE' GRINHASA" for and, on behalf of South China Morning Fort, Limited at 1-3 Wyndham Street, City of Victoria, in the Colady of Hongkong,

to go to the races. He said that the family and friends of des fendant would see to it he was employed again in the near

future.

Mr Annett said that as for as He was concerned, the company was willing to drop all charges, but he regretted he could, not taka Remedios employe

(a) Thrale (four goals, swo points) Boored 2-0, and sithee 0-2 or 0—1.

M

- (B), Godiva, chaimpiens, mut havo slooked; up, four polnet their scores therefore wera, and 11. Hence, thrala's third insich was Oma, and the came plated table must be

again" into his fasamund (

(Londow' Express, Kervice. T

Sikh Prophet

The local Sikh community will | observa" the birthday of Sarl Guru Gobind Singhy, ne sont Guru and Prophet of the Bikns,

tomorrow at the Sikh Temple, Queen's Road East,

Success,

did

According to his evidence, he not know on August 25 when the. Hanson would sall from Hongkong. He know the would not sat on August 20 as

had not

not refuelled that repairs were going on and the FANTASTIC STORY

day.

Af the conclusion of the case

the

foro.

the

All well wishers and followers then repr

5. Mr Chang appellant, of the Sikh faith are cordially submitted for there

WAS Invited to attend and make the evidence as to when the ship DcCRALOTR

would

leave, and nitio

quoted of question but intent, the Mingisiruto" said the Mory of the appellant was fantastic and beyond beller, and found the appellant guilty.

The programme for the day is: am. Conclusion of Akhand Path; 9 to 10 am, Shabad Kirtan; 10 to 12 noon, variety pro gramme, speeches, Parcher, Donge: 12.30 p.m. Conclusion of Dlean, followed by meals, ani retrephinents.

on

Qu...

kir di Manado mbenified that a adory with no that Roid by tha appellat should not be refected

SIDE GLANCES

dermens

By Galbraith

¿COPA FUN BY HEA SERVICE, WI. T. 16. RÉG, M› BV PAT, OFF,

"Where's your Santa Claus? We want to tell him what I want för: Christmas--and no dumb cracks to spall the sot for my mother?!?