1918-08-03 — Page 3

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THE THEATRE REGULATIONS CINEMATOGRAPH MANAGERS

SUMMONED.'...

AUTHORITY OF THE D.S.P.(R.) TO INSPECT PREMISES DISPUTED..

A GERIOUS POINT REGARDING PENALTY.

At the Hongkong Magistracy, yeater day, before Mr. 3. R Wood, the managers of the Hongkong and Victoria Theatres were summoned for (1) per mitting the use of a cinematograph in strument, which was not constructed and, operated inside a box constructed entirely of sheet iron, not less than one-tenth of an inch in thickness; or of wood BSE with shoet aabutos; (2) failing to keep two buckets of water and a wetted blanket immediately outside the box containing the cinematograph instrument while the performance was taking place.

Nr.. F. C. Jenkin D.S.P. (R.) prosecut ed, and Mr. M. K. Lo appeared for the

defondants.

Ting sunimonsen were heard separately.

THE HONGKONG THEATRE, Mr. Lo stated that in the case of the Hongking Theatre, he had no doubt au infringement of the regulation had taken place, but it was a technical offence. He, however, wished lo enter a plea of not guilty, as he proposed to bring out certain facts which would show the Magistrate that the aumenons should hat have been brought against his client. The build- ing was inspected pericolically by the P.W.D. as a place for the exhibition of cinemas, and the management also paid $2 every evening to the Police Reserve for the purpose of having Police Reer- sists stationed in the Theatre while the performances were in progress to see that order was kept nad that the provisions of the regulations were carried out.

Mr. Wood: You mean that the offenc

bus been passed over by the Authorities many times before-Mr. Lo: That is so. How long has this been going on in the case of the Hongkong Tantre i think at is one of the oldest in the Colony.

Then your defence is that it has been going on for a long time quite openly, and has the authorities passed it overl Уск

Continuing, Mr. Lo said the licence mads: no reference to the itegulations In question. All that the licence actually called upon his client to do had bo complied with. If a technical offence had been contaitted, he asked the Magistrate to dismiss the summons a trivial.

Mr. Jenkin asked whether it would he possible to take both summonses at onto

Mr. Lo offered no objection, lic thought that, perhaps one of the reasons why the r.W.D., passed the building was that Las regulation was not meant to apply to a case where the room was con- structed specially for the oxnihition of vineinas.

Mr. Jenkin then went into the witnes box and made the following statement - I visited the Hongkong Theatre on July 27th at 10 p.m. with Staff Inspects Eldridge, of the Police Reserve. I found that the instrument used in connention with the cinematograph display then going on was not constructed or operated inside a box constructed entirely of sheet iron ur of wood lined with beet asbestos as required by No. 5, part V. of the Theatre Regulations. As to the nature of this room and its inflammability I must aak Staff Inspector Eldridge to speak He understands the construction better than I do..

Mr. Lo: Mr. Jonkin, may I ask whe. ther when you went into the theatre to visit the place on July 27th, you wont there in your official capacity as the D.S.P. (R.) or in a private capacity Mr. Jenkin: 1. went in my othea capacity.

Have you any authority from the Governor for going to the theatre to in spect-1 have the necessary authority,

Have you any authority from the Governor I have no authority from the Governor. If Mr. Lo means express authority, no, certainly not,

in

THE HONGKONG DAILY PRESS, SATURDAY, AUGUST JED, 1918.

duty every night 1-I am aware. They are detailed for service by the C.SP. They do the duty of regular policemen and are paid by the Police Department.

It is a part of their duty to seu that provisions against fire sur observed 1-1 do not know the instructions of the C.B.P. I imagine it is so.

...

رہا

HONGKONG DEFENCE CORPS.

ADMINISTRATIVE ORDERS DY MAJOR HA MURGAN, ADMINISTRATIVE, COMMANDANT.

ARTILLERY COMPANY,

Members of the Artillery Company on passing the Tribunal under the Military Service Bill should apply in writing without delay if they wish to be enlisted in Royal Artil Jory, instead of Infantry.

As a matter of fact, they are paid 82 a night. Jenkin replied that it was e

Did you give any previous warning to People about the summons --None whatever. Reserve, said the operating room at the

Inspectar Eldridge, of the Police Co.

Theatre was on the first floor, which was apparently, constructed Of concrete. No. There was an iron ludder leading down to the ground fluor. There was no door, the only means of escape being a stairway. The rooin was oft. by 18ft. to 20ft." in the

Mr. Jenkin: I wish to know what was

room, besides instruments?— Witness: A number of wooden boxca. apparently containing the personal effects of the meg employed there. There were show-eases, ete,

No.

TRANSPER

Sergt.-Major F. L. Cooke is trans- ferred from B Co. to "A" Co., dated 1st August, 1918. 777 Lance Sergt. W. J. Crawford, "B" Co., is transferred to "D Co., antal. Int August, 1918.

LEAVE:

714 Pte. W. E. Cook, Machine-gun- Co., is granted teave for the duŸa- tion of the war from 21st August. 1918:

C.S.M. F. A. Biden. Arty. Co., is granted I month's sick leave, from 30th July,

Mr. Jenkin explained that be intro-Pte. nuble nature of the material there, duced that evidence to show the inflam-

Pte.

The manager of the theatre, Mr. LiPo Wing Kee, said the building had been con- sitlerably altered and made suitable for a cinema show. It had be approved by month by an officer of the P.W.D. His the P.A.D., and was inspected once a attention had not been dwa to the evessity of having a box me of sheet- iron; he did not know there was such a regulation, and it was not specified in Police Reservists on duty in the Theatre." the licence. There were also Special

nauce only empowered the D.P.W.. the Mr. Lo again submitted that the Ordi- CSP, ay any other officer nuthorised by the Governor to visit the building. It WHS so specifically stated in the Ordi- under purporting to give power to others uuter, and any regulation made thura- than those mentioned in the Regulations the Theatre unauthorised then he went was ultra vires. If Mr. Jenkin went to

there merely as a private individual.

kong if persons who had no authority It would be really intolerable in Hong- were to march up to places, look up musty regulation books, and then take out i

summons.

Mr. Wood :Mr, Jonkin was acting bound-fdr Police Officer.

宮

Mr. Jenkin contended that he had authority.

Pte.

Pte.

Spr.

Pte.

1018.

P. H. Wolff." Co., in granted 5 weeks' sick leave, from 14th August 1918.

C. H. Davis, Machine-gun Ca, is granted 9 months' leave, on medical certificate, from 29th July, 1918 E. W. Gibbins, "A" Ca, is granted 2 months' leave, on urgent business, H. E. Pollock, D. Co., is granted

to date from day of departure. 70 days' leave, from 23rd August.

1918.

H. E. Smith, Mounted Section, is granted months extension of leave, from 22nd July, 1918.

A. W. Hurlow, Eng. Co., is granted 3 months cave, to date from day- of departure,

A. Macdonald, Machine-gun Co., is granted 3 weeks leive from 31st July, 1918

CARE OF ARMS.

Attention is directed to the procedure to be followed immediately, after finishing ring on the Range each day, viz.

(1) Remov superficial fouling (pull (2) Pour 3 or 4 pints of boiling water

through to have no gauze):

through the bore.

(3) Thoroughly dry the bore, using

clean flannelette.

(4) After the barrel has cooled, oil the bore. If the bore is oiled before it is cool it inst be oiled again when it is cool.

ANNUAL MUSKETRY COURSE.

N.C.Os and men of the Infantry Batta-

Tion who wish to fire at the Peak or King's Park Range in the morn ing will not attend at King's Park Range in the afternoon when their | units are detailed to do so.

EQUIPMENT BOARD,

Mr. Lo then went on to say that if the point submitted was not entertained, he would press the fact that the building had been passed by the P.W.D., who sent off cers to examine its suitability or other- wise. There seemed to be no infringe- inent of the licence at all. All precautions enjoined the licence as to fire, etc., had been taken. No one had been, summoned hitherto under those regulations issued in 1009 and the performances had gone on year after year. It was simply absurd. and approached very nearly to a trap It seemed to him that, having regard to meant for a building such as his client's the scope of the regulation, it was not Le might mean a building like the Magis. tracy, where there was no partition, and,ORDERS FOR ARTILLERY ODMPANY BY of course, no enclosure for an operating machine.

On the question of penalty, Mr. Wood pointed out that the penalty section re ferred only to infringement of the license

Mr. Jenkin submitted that the Ordi. nance did not require the regulations to by printed it entering on the license. The material, films, etc., were inflammable. He thought the defendant could not go unpunished for a broach of a regulation because no specific penalty had been made for general public safety merely provided. For any such breach he sub- nitted, that the defendant could be indicted at common law. He submitted that the defendant should be fined, and the referred to the case of a Police Re- servist in which the Magistrate and he had a long discussion on that same point.

Mr. Lo contended that no penalty could be imposed. The licence did not in ternis incorporats the Regulations and no penalty could be imposed for.un infringe ment of a regulation which was not u regulation contained in the licence. He referred to section 6 (5) of the Ordinance, requiring the exercise of all such measures which embled regulations to be made

tions against overcrowding and for the as may be prescribed in any such regula- control and prevention of fire," and which could provide for penalties in case of their breach. If there was no such provision it was an omission of which his elicat could clgiu tho benefit.

May I refer you to section of the Theatre Ordinance. "The Governor-in Council may make regulations for the following purposes: Estry and spection during performance of the stage play or at any time by the Director of Public Works; the Captein Superinten. ent of Police; or any other officer authorised by the Governor in that ho half Mr. Jenkin replied that, ac curding to the regulation, he had been authorised by the Governor. He referred consider the point. Mr. Lo to part VI. of the regul-would rest on this decision he would ad- tion, which states: Any other Police journ the hearing till next Friday at 11. Officer."

12-10, when he would deliver his judgment.

Do you know how long the Theatre has been going on? I cannot say,

Would you be surprised to hear that it had been going on for several years No, I would not be at all surprised

Are you aware that the building is licensed by the P.W.D. under the Theatres' Regulations Ordinance?I am In this case, however, the licence has not been adhered to and I am taking these proceedings.

Can you tell me in what respect the licence has not been adhered to In the licence you are required to adhere to Tugulations made under the Theatres' Regulations.

Where is this You will find it in the opening paragraph. -

Surely, Mr. Jenkin, having regard to the context, it does not rean that. It is a description of the licenca itself. The licence says it is issued to authorise a building to be used for the performance of stugo-plays as required by the re gulations, but it does not refer to any regulations to be observed. In what respect is it an infringement of licence There is nothing in the licence which refers you to the necessity for observing the regulations There is nothing.

Mr. Wood: I do not think it matters much whether the licence is issued ex- pressly subject to the regulations or not, it is an offence, nevertheless:

Mr. Lo stated that there was no que tion that there was a technical offense but on the face of the licence the only provisions related to accommodation, the "provision of water, ete

Mr. Do (to Mr. Jenkin)-Are you aware that the Special Police Reserve are on

Mr. Wood said be wished for time to As the other cases

THE EMPIRE THEATRE The management of the Empire Theatre was next summoned for carrying on Performances without a licenos.

Mr. F. C. Jenkin again prosecuted, and Mr. J. H. Gardiner appeared for the de

Ichce.

One of the

the

board will sit at Headquarters' from 5.30 p.m. to 6 p.m. on the following dates:

Friday, 9th August.

Monday, 10th August.

Friday, 30th August,

The following will attend Sergt. Humphreys, Corps.. MacKichan and Walker, Lee. Corpl. Hancock, Ptes. Falconer, Hayward, Hosie, Macfarlane, B. M. Webb, J. R Wood, Lawson, Bridger, Donnelly, Franklin, Griffin, Newall, Tratman, Young and Carpenter.

Dress: Friday, August 9th! ---

Drill order with pouches.

.5 p.m. No. 1. Platoon, Nos. 1 and 2)

Sections, at King's Park Range, Annual Musketry Course, Part 1, Practices and 2 Dress: Drill order with pouches.

&tum. Nos. H and 4 tatoons at Head- quarters, T.ET. Dress Drill order with pouches.

OFANY

Tuesday, August 6th:-

6.30 p.m. No. 5 Platoon at Cricket Club. Instruction in T.ET: Dress: Drill order with pouches

3.30 p.m. No. 6 Platoon at Headquar ters. Instruction in T.E.T. Dress; Drill order with pouches.

530 pan. No. 7 Platoon on Polo Ground Hongkong residents will parade at Cricket Club at 5.10 p.m.: and proceed by Tram to Causeway Bay. Instruction in T.E.T. Dress: Drill order with pouches and to rounds dummieh

3.30 p.m. No. 8. Platoon at Kowloon

Docks. Instruction in T.E.T. MACHINE-QUN COMPANY.

Tuesday, August 6th :----

7.10 am: No. 3 Gun at Headquarters. Dress Drill order with rifles, two small pouches and 15 rounds dummy catridges.

5.10 p.m. Drill at Kowloon Docks.. Nos, and 2 Guns. Hongkong re sidents proceed by launch from Statue Fier at 4.30 p.m. Dress: Drill order with rifles, two small pouches and 15 rounds dummy cartridges.

Wednesday, August 7th:--

10 p.m. Nos. 4 and 5 Gubs at Head- quarters, Dress, as abové, .. Thursday August 8th:

510 p.m. Drill at Kowloon Docks. Nos. 1 and 2 Guns. Hongkong re- sidents proceed by launch from Statue Fior at 4.30 p.m. Dress; as above.

Friday, August 9th:-

7.10 am. Beginners' Class at Head-

quarters,

ANNUAL MUSKETRY COURSE. N.COs. and men who wish to fire at

King's Park Range or the Peak Range in the morning, instead of at King's Park in the afternoon, are regnested to send their names to Lieut. Wright.

MOUNTED SECTION.

Tuesday, August 6th:--

5.30 p.m. At Jockey Club Stables.

Dress Drill ördur.

6.30 pm. At Jockey Club Stables, Thursday, August 8th:~

Dress: Drill order without rises.

BIGNALLING SECTION,

Tueday, August 6th

3.30 p.m. Parade at Hondquarters. CAPTURE ITS.

"Dress Clean fatigue.

Tuesday, 6th August;---

J. H. W. ARMSTRONG, V.D. Members of the Artillery Company on passing the Tribunal under the Military Service Bill should apply in writing without delay if they wish to be enlisted in Royal Artil lery instead of Intantry. PARADES AT BELCHER'S BATTERY.

Tuesday, August 6th:--

7.80 a.. Right Hale Co, New

Layers' Class only.

Thursday, August 8th:

5.30 p.m. Left Half Co. Fall drill..

5.30. Left, Hull Co. New D.R.F.

Clase only.

Friday, August 9th:

7.30 a.m. Right Half Co. Full drill. 5.30 p.m. Left Half Co. New Layers'

Class only

ORDERS FOR ENGINEER COMPANY BY CAPT.!

W. RUSSELL

and to 9th August:

p.ny

E. L. Manning Nightly. Parades as per rosters posted at Headquarters. Engine drivers ut 0.45 Electricians ut 7 p.m. Officers next for duty.Belehors, Captain Russell, Lyeeman, Captain James; Stonecutters, zúd-Lieut. Brown.

5.30 p.m. all Recruits except Ptos

W. A. Webb, D. Abbey and P.-T. Chilvers at Kennedy Road Range. Grouping. Dress: Drill order without rifles. Sgts. Edmonds and Meade will attend.

Friday, August 9th:-

5.50 p.01. Recruits of all units except "D" Company on Murray Parade Ground under Sergt. Oxberry and Meade. Dresss Drill order. ORDERS FOR CADET COMPANY DYŠND-LIEUT. J. W.BEARD,

PARADER.

Wednesday, August 7th:---

5pm. Swimming. Fall int 'Blake

Piec

Saturday, August 10th:-

130 p.m. Nos. 3 and 4 Section in at Headquarters and proceed to Sai Wan

G. E. STEWART, Capt.,

Adjutant, H.K.D.C. Hongkong, 3rd August, 1918.

COLLECTING FUNDS FOR A

TEMPLE.

Instructions for higher ratings and

BOGUS COLLECTOR FINED $50," N.C.Os. and men of the Infantry Battalion attached for duty.---Class

At the Hongkong Magistracy yesterday, 1, at Belchers at 8.30 p.m. on Mondays and Thursdays for all who before Mr. E. D. C. Wolfe, two Chinese have not passed the "Proficient

wore charged, on remund, with collecting rate (1) examination Class, at funds, purporting the same to be for the Belchers at 8.30 p.m. on Tuesdays and Fridays for all N.COs and Performance of certain religious functions men of bigher ratings, under Staff at a temple in West Point and alan to Bergts. Ovendene and Parsons, celebrate a festival. The first defendant R.P., and Sergt. Day, H.KIC was also charged with purloining a pipe Class 3, at Lycemun at 6.30 p..elonging to one of the subscribers and with bribing the District Watchman "who on Tuesdays and Fridays, under arrestert him. The second defendant was Stuff-Bergs, Barclay and White, charged further with the theft of a fan R.E., and Sgt. Williams, H.K.D.C.belonging to the same house. Details of Belchers Reliefa for Mr Hall, of Messrs. Lo & Lo, ap- August and detail of duties at peared for first defendant. Lyeemun from 1st to 16th August It will be remembered that at the pre- inclusive are posted at Headquarvious hearing Inspector Macdonald said tera for information of all concern. the temple referred to was not recognised ed.

by the Baifongs, and, besides, defendants were not authorised to collect funds,

Mr. Wolfe fined the first defendant 350, and discharged the second defendant, as thero was insufficient evidence against him.

Mr. Gardiner said his client took over new to the business. The lience expired the Theatre on January 28th and was at the end of June. He had proposed cer. placed the work in the hands of Mr. tain alterations to the building and had Caer Clarke, architect. conditions for permitting the alterations was the provision of an additions! hydrant. There was correspondence be, tween Mr. Clarka and Mr. Wright on the matter. Mr. Clark stated that through his fault or that of his clerk, he had failed to inform the manager that the Tuesday, August 6th: license, which had been sent on July 2nd or 3rd for renewal, had been suspended, pending the erection of a hydrant.

Mr. Wood said that arcording to Mr. Clark, Gardiner the blame was attached to Mr.

moned for carrying on performances Mr. Jetikin said the manager was sun. without a license and without & hydrant.

The manager of the Theatre then gave that ho wished Mr. Clark to be brought evidence, after which Mr. Wood, stated as a witness.

Mr. Gardiner admitted a technical breach. He also applied for an order for continuing the performances, which had boen stopped.

Mr. Wood replied that if the Police and Mr. Wright, of the P.W.D., agreed be would grant it..

The case was concequently adjourned until Friday nezt at it a.m,

OEDERY FOR. INFANTRY-DATTÁLION BY MAJOR KA, MORGAN.

PARADES A

COMPANY.

5.15 p.m. No. 2 Pistoon at King's Park. Annual Musketry Course, Part 1, Practices 1 and 2

DYING SOLDIER'S STORY: The following will attend:-Corpl.

Edgcumbe Lee.-Corpls. Perry and returned prisoner of war has recently Brown, Ites. Dyer Ball, Stubs, died in a London hospital of consump Sutherland, Williamson, L. Etion. He was too ill to talk much, and Wood, Chapman, Digby, Kent; Lancaster, Wells, Wilson and the Evening Standard) he had a lot to was advised to spare himself, but (saya. M. Webb. Dress: Drill order with Wednesday, August 7th:

pouches

5.16 p.m. No. 1 Platoon, Nos. 1 and 2 Sections, at King's Park Bange Annual Musketry Course, Part 1 Practices 1 and 2. Dress: Drill order with pouches. Thursday, August 8th-

5.15 p.m. No. 2 Platoon at King's Park Range, Annual Musketry Course, Part 1, Practices 1 and

tell about German cruelty, He and others were compelled by the encwy, in viola tion of agreement, to work in a front-line trend, where he had to stand up to his waist in water. But his most terrible story was that, as a punishment for not doing what he was told, he was taken by his captors and made to stand on some logs under a tree. While in this position his arms were seized, and he was bound to the trees by his thumbs; the logs were

then kicked away.

LANE, CRAWFORD

G-E

AND COMPANY.

WALK-OVER SHOES

MENS

LIGHT WEIGHT

BROWN KID

AND MEDIUM WEIGHT

BROWN LEATHER

BOOTS

UNEQUALLED

AT

VALUE

$10.00 $12.00 $13.50 AND $15.00

PER PAIR

LANE, CRAWFORD

AND COMPANY

KEEP

COOL

COMFORT.

FANS PROMOTE BODILY

FOR SLE BY ELECTRICAL DEALERS.

Andersen, Meyer & Co., Ltd.,

Sole Agents,

Hotel Mansions,

HONGKONG.

Missions Building,'

CANTON.

Powell

Wm.

TELEPHONE 346

OUR

ANNUAL

1185

Lid

CASH

SALE

Commences on TUESDAY next, August 6th. FOR FIVE DAYS ONLY.

GREAT BARGAINS IN THE

LADIES AND CHILDREN'S DEPTS. ODD BANGES IN LADIES' BOOTS AND SHOES

AT

CLEARANCE PRICES.

SHING KEE CO.

SODA MERCHANTS,

IMPORTERS AND EXPORTERS OF

Caustic Soda, Soda Ash, Muriate of Ammonia, Silicate of Soda, Refined Bicarbonate of Soda, Mineral Water, and Soda Crystal. Bleaching Powder, Sulphur Acid,' Sulphate of Ammonia, etc,, ete:

ALWAYS IN STOCK -

No. 32, DES VEUX ROAD, WEST, HONGKONG.

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