49
larceny
+
In order to obtain a conviction on the charge of simple the first and third charges the Crown must show that the fugitive had a guilty intention at the time when he obtained the property alleged to have been stolen.
In connection with the first charge, that of the lar- ceny of two cheques, where the taking has been admitted, the Crown has offered evidence, given by the Captain Superinten- dent of Police, to show that an explanation of the disposal of the proceeds of the two cheques made by the fugitive in his affidavit on the 16th. October 1913 in 0.J. Action No. 172/1913 (marked Exhibit 19) is untrue. In that affidavit the fugitive has stated that he had an interview with Chan Kwing King in Hongkong on the S.S. "Yorch" after the 7th. August, The Captain Superintendent of Police states that the S.S. "Yorch" left the Colony on the 6th. August about 1 p.m. with Chan Kwing Ming as a passenger, under circumstances which rendered an interview with him on the steamer impossible. The fugitive has made no attempt to meet the third charge that of larceny of a book.
-
Assuming that the "taking" in the both charges has been proved a jury on the evidence would be entitled to find
as a fact that the fugitive had a guilty intention at the time of taking.
The 4th. & 5th. oharges are alternative charges. One involves the allegation that the fugitive was a
J
-
servant of
the Kwong Tung Government"and the other that he was a "bailee" only of their property. There is evidence from which to draw the inference that on the 4th. August the fugitive was a servant of the Kwong Tung Government in the capacity of a Superintendent of the Treasury. But it might also be that a
jury having regard to events connected with Chan Kwing Ming's
proclamation of the 21st. July (Exhibit 21) and with the President of the Republic's Proclamation of the 26th. July
No comments yet.
Private notes are available after approval.