168
THE HONG KONG WEEKLY PRESS &
August 9, 1934
August 9, 1034
ADMISSIBILITY OF CHILD'S
EVIDENCE
TO BE DECIDED AT SUPREME
COURT
Grave Allegation Against
Young
Chinese
The Nullah outrage case in which Ng Loi Yuen, alias Ng Yick Lam, alias Ng Yick San, aged 28, is being charged with the murder of Michael aged 8 and the attempted murder of
Stone, Norman
by Mary Pine, Tony Flood, Fay Bromley and throwing them all into the Albany Nullah, near the Lower Peak Tram Station, on June 22 was continued
E. W. before Mr. Hamilton at Central Magistracy on Friday.
The feature of the hearing was the evidence given by Mary Pine, the twin sister of the unfortunate lad, who, standing be- side His Worship, pointed out the accused as the man who threw her and her playmates into the nullah.
Mr. J. A. Fraser, assistant Attorney General, instructed by Mr. W. A. Lockhart-Smith assistant Crown Soliticor, appeared for the crown, and Mr. C.H.R. Lim, instructed by Mr. J. M. Hall, was for the accused.
Murder Of Michael Pine
Mr. V. C. Branson, Government; analyst, testified that on June 23 he received from Dr. D. J. Valen- tine a bottle containing urine. He examined it and found that alco- hol was present, and the amount was 110 milli-grammes per 100 cu- bic centimeters.
Mr. Hamilton: What is that, it does not mean anything to me.
Mr. Fraser: It does not matter, it only shows that alcohol present.
was
Cross-examined by Mr. Lim, Mr. Branson said that he received the bottle at 9.48 a.m., and tested it at about 11 a.m. He tested the urine in the usual way.
Mr. Lim. Is it your opinion that if the urine had been tested im-
mediately after it was taken, would there be more alcohol?
Mr. Branson:
I cannot express any opinion whatsoever.
Mary Pine
Mary Pine, aged 8. the twin sister of Michael was then called. His Worship enquiried of Mr. Fraser of the admissibility of her evid-
ence.
Mr. Fraser said that the question would be decided at the Supreme Court.
His Worship: Are you suggest- ing that I should administer the bath?
Mr. Fraser: I see no reason why it should not be made. The child is eight years of age.
Mrs. Pine, who was present, said to that her daughter had been Sunday school and understood the Bible.
Mary Pine was then put into the witness-box, and was put through a test by Mr. Fraser who asked: Do you know what is a lic?
Mary Pine replied. When you say something which is not what it
is.
You have been to Church, Mary? -Yes.
Do you know what happened to i people who tell lies? No.
Mr. Fraser then told His Wor- ship that the Lord Chief Justice of England had taken evidence from a child beside him and he had also seen the same thing done by the learned Recorder of Lon- don.
Mary was then taken to tand beside His Worship together with her mother.
His Worship chquired if evidence could be taken from a child with- out being sworn.
Mr. Fraser: There is, your Wor- ship. It is up to your discretion whether to take the evidence or not.
His Worship then asked Mary: You know what truth is?—Yes.
Do you know what an oath is?— Yes.
His Worship: I think we will take
it at that. She told me she reaiis- ed that lies are very wicked.
I am satisfied that she understands the difference between lie and truth but I doubt if she understands the oath.
Mr. Fraser: Mary, do you live with your mother at No. 4 "B" Block, military married quarters, Kennedy Road?
You remember one day you were in the nullah, Mary?—Yes.
How did you get into the nul- lah? A man threw me in.
Where were you when he threw you in?--I was on the bridge by the Peak Tram.
Who else were there?-Norman Stone, Tony Flood, Fay Bromley and my brother Michael.
What were you doing before you were thrown in?-Playing on the bridge.
Who was it who threw you in?— That man standing in the dock.
Did you see what he was wear- ing? A white coat and black
trousers.
Was he wearing a hat?-Yes, A flat straw hat.
Did he do anything else, besides throwing you in? He threw the others in too.
How do you know that-I saw him.
Who did he threw in last?- Me. Did you see what happened to the man afterwards?—Yes. He was holding me all the time when I was in the nullah.
Have you ever seen the man again? I saw him in the police
when station on another day
I
tried to find out the
who
threw me in.
man
How many men did you see at that time?--I saw nine.
Mr. Fraser smilingly informed his Worship that the number was correct.
Mr. Fraser (to Mary Pine):-- Who was the man you picked out? That man over there. (Accused). Why did you pick him out?--- Because I thought he was the one who threw me into the nullah.
Did you again go to the police station and were shown a number of straw hats?—Yes. I picked out one which I thought was the one the man was wearing.
Formal Question
Before opening his cross- examination. Mr. Lim remarked: I understand she will be giving evidence in the Supreme Court if this case were committed. In that case I have one or two formal questions, I don't want to ask her many questions.
Mr. Lim (to witness):--How long have you been playing before you saw this man?-When we came to
OHINA OVERLAND TRADE REPORT
ADMISSIBILITY OF CHILD'S
EVIDENCE
play on the bridge, the man was inere already.
Were you playing at the play- ground first and then came to the bridge? Yes.
Where was the man when you first saw him?-On the bridge.
Did you remember what he was doing? Just walking up and down. Who was thrown into the nullah first? Tony Flood.
Did you see him being thrown yourself or somebody told you about it? I saw him myself.
Did any of the other children see Tony Flood being thrown into the nullah? Yes.
What did you do when you saw him doing it?-I did not do any- thing.
Were you frightened?-Yes.
Did you call out for help?--No. I tried to run away. I managed to run a little bit.
Did you see who was thrown in after Tony Flood?-Norman Stone. and then my brother Michael.
Where were you when this man got hold of you and threw into the nullah? I was at the far side of the bridge.
a
Oi
Wong Snu Kat, accountanL the swatow Drawn work in Pea- utr sweet, said that accused nag been WOLKing in the urin about four years ago. He worked for a few months, and after that he did not see him again until June 21. Accused was wearing
white jacket and black trousers and a straw hat at the time when he saw him. He brought a rattan suitcase with him, and told witness that he intended to go to Singa- pore. He did not see anything unusual in his appearance.
a
1
32
1.69
MORE SUPPORT WANTED
For Australian And N.Z. Association
The first annual meeting of the Australian and New Zealand Asso- ciation was held on Friday after- noon at the Jacobean Room of the Hongkong Hotel, with Dr. J. D. Mathews in the Chair, supported by Mr. J. M. Kelleher (Treasurer) and Mr. N. Stockton (Secretary).
In surveying the work of the Association's first year, the Chair- man said that the association had a membership of 85 but as nine of their number had left the Co-
76.
Children In Nullah On the day in question, accused had his morning meal in the shop, iony, the effective membership was but was missed in the evening.
Kam, Cheng
Being its first year, the Associa- public chair coolie, told the Court that on the
tion had had to feel its way. It day or the incident he was in the
had endeavoured to work where chair coolies' shed in the Lower
possible for Australians and New Peak Tram station when he heard
Zealanders' interests and to pro- a girl crying. He went out and
mote the social life of the mem- saw a girl in the nulları. He
bers. pulled her out and handed her to Injector Andrews of the Peak
Tramways. you
Have you ever been down in the nullah before?—Yes. I have been down before but not on that day. Did you go to the hospital 10 see this man at all?-No.
Do you remember what kind of dress he had on that day?
Happy or Unhappy Witness could not describe it, but said she could recognise it if produced.
At the police station you saw nine men together, do you remem.. ber what position was this man in? No. They were all standing up in a row.
How
did you pick him up?- Because his face was pallid.
You
remember anything else beside his face?-No.
Did you notice any wound his head?-No.
on
How did the man look, was he happy or unhappy.
Mr. Fraser interrupted by saying that the witness could hardly expect to tell of a man's happiness or unhappiness.
His Worship: There is a pos- sibility of some look which prompted recognition.
Mr. Fraser: I don't object the question in that form.
Mr. Lim (to witness):-Was there any sort of look in his face that made you recognised him?- No.
Do you remember what kind of dress he was wearing at the Police station?-He was wearing black trousers and a white coat.
Did you see any other of the men with the same dress?-There were some men but I don't remem-
ber how many.
Mr. Fraser informed his Worship that the girl was Fay Bromley.
In reply to Mr. Lim, witness said that he was called by a European lady to go into the nullah. He could not identify that lady.
Hau Luk, a fitter employed by the Peak Tramways said that he was working in the storeroom when he heard a child crying out. He went out and saw a boy in the nullah just below No. 1 bridge. He jumped in and pulled the boy out.
The case was then adjourned until Tuesday afternoon.
a month. It was felt that the membership was too small to per- init of so ambitious a project. A question was raised as to the possi- bility of increasing memberhip and it was though that members might personally make an effort to "rope in" other Australians in the Colony. The Chairman informed the meet- ing that many Australians did not join because they said there was no clubhouse but if the Associa- tion had its clubhouse, these peo- ple would perhaps still keep away. One of the reasons, said the Chair- man, why there were so many peo- ple had not joined was that the Club was open to non-British Aus- tralians.
The election of officers
which followed resulted in Mr. J. D. Matthews being re-elected Chair- man, Mr. J. R. Way Vice Chair- man and Mr. N. Stockton, Hon. Secretary. There were no nomina- tions for Hon. Treasurer. The General Committee was as follows: -Messrs. A. E. Hughes, J. Hunter, A. W. Ingram, J. M. Kelleher, R. J. McNeill,, F. J. Neill.
The monthly tiffins had been a popular feature and provided an opportunity for fellowship and the Chairman thought they served a very useful purpose. There was a doubt latterly as to whether these tiffins were a not hindrance rather than a help and they have since rather fallen out. Persor ally, the Chairman thought tha was a mistake. At some of these tiffins members had the pleasure of meeting Australian guests.
Other
on
The Association had the pleasure during the year of welcoming the Hon. Mr. J. G. Latham's goodwill party and on two occasions they were the hosts to the Australian Universities Rugby team. functions included a dance Anzac Day and two launch picnic. The Chairman congratulated Mr. J. R. Way upon his appoint- ment as Commanding Officer of the Anzac Company. "I feel sure," he said, "that in Mr. Way's hands the company will continue to flour- ish."
In connection with the Anzac Company, the Chairman appealed to Australians in Hongkong to do what they could to forward the Interest of that Company.
"We owe a duty to this Colony and to our Homeland to make that Com- pany thoroughly efficient and thus uphold the name of our country and our people, and moreover we will thus be able to take an active part in any defence of the Colony that may unfortunately become necessary.
Clubhouse Desired
A lengthy discussion followed with regard to the question of a clubhouse for the Association. The meeting was informed that such a scheme would cost at least $1,000 (Continued on Previous Column)
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