THE *** BRIBERY" CASE APPLICATION FOR RE-HEARING
REFUSED.
th
THE HONGKONG DAILY PRESS, TUESDAY,
that an applicant would do when he went Mr. Smith: Bribery, within the monn- tu office would be to speak to the man ing of the Ordinanceras I read it.. is sitting outside and say: "I want a per-doing some 'dishonest act or any act mit. The next procedure would be to
contrary to one's duty as a publicservant. go pa the Clerk on duty and report the What was the not he undertook to do in matter, and eventually it would go before consideration of receiving the Head of the Department. Well this Mr. Wakuan, Crown Solicitor, máñ received the #3 with a view to get appeared before Mr. S. L., Smith, at theting the permit issued. Magistracy, yesterday, and applied for u
"KEEPING A. DISCHARGED MAN IS
CUSTODY.
e hearing of the ease in which the San Fenolic of the P.W.D. who wis reused, ot receiving a bribe of 25, was discharged by the Magistrate on the ground that there could not be any question of in Buencing the defendant's 'qonduve as te had no power.
Giving at Shamsuigon
1
Mr. M. &. watched the vase betalf of the defendant.
The evidence addace' at the first saring briefly, was to the effet that defendsor, who was employed ander. Mr.
Mackay, Land Barliff
the 1.W.D rarrived a bribe $5 from
pf
understand ing that he would expedite the
IKT of a permit for a piver of and for which. application had been made in vain for sei tine. Me. E contended that as The defendant was merely }, n<
my power which would be influenced the receipt of a brie.
even if such an allegation were true. His client. How ever, denied that he received the mouer as a bribe: it was mendly a losen.
art of
j
j
Mr. Smith: That is not doing an act Contrary to his duty.
Mr. Wakeman: That is it exactly. His duty is to go in at one, without making the
man for $. It is contensy the rules of abuèsty,
to
Mr. Smith: It seems to me that it would be a good thing in this case if you could get away from the atmosphere
of these rustics and consider it side by made with a parallel cu at Elotti For instance, if any one of us were going away for a holiday and we gave the policeman half-a-crown to look specially atter a base would that be a bribe!
ar, Wakeman: Yes, strictly in law it is a bribe. What Doe ought to do is to write to the Head of the Palion and ask hu to keep an eye on the bouw: o one could
Tange for a man to guard
the place a payment.
MF. Smith: Supposing an important telegram Were coming to me and I had to entch a trai I were to pay six- pend.to a4efegrum boy to bring the tele kram to me at once would that b bribe!
The duty of the telegrain soy is to de Mr. Wakeman Strictly speaking it is.
liver it as quickly as possible.
Mr. Smith: Then you are paying him for doing his date.
Mr Wakeman "permit.
He undertook to get a
Mr. Smith: Is that a dishonest act? Mr. Wakeman He should not take money to do it.
round
Mr. Smith: You are going round and
*#
Girlton
Mr. Wakeman referred to the case of £3,000 in view of getting his son a certain a man offering the Duke of appointment in Jamaica. The Letters The Like had the man indieted, and all Paten: had to be signed by His Majesty, the
held that be was guilty of offering a brile. The present case was exactle
similar
Mr. Smith remarked that the Duke was offered £5,000 to influence his conduct in regard to the securing of a certain. Appointment which he had the power to
bestow
Mr. Wakeman replied that he could not are the slightest difference between the two cases.
Mr. Smith: There is a difference. In the case cited the money is given to the Duke to influence him in doing a dis. honest act. Here there is no such thing.
Mr. Wakeman: The coalie in question knows perfectly well he cannot do any thing. Yet he asks for a to, get the permit,
Hay for his
Mr. Smith: The complainant pays Bi
permit Wakeman: I don't know whether "that was for another permit.
Mr. T. Perkins, who was present in Court, said He has a permit for which he pays $4 half-pearly. It a permit for a fresh place it is an exten-
of one sion permis granted previously,
Mr. Smith delivers the following I find that the prosecution jdment: huis nut andiently proved any impper commission r omission for the doing of which the money in question was given It was part of the delen fant's duties to assist in the expeditions isswing of permits, and to receive pre-
Mr. Wakeman stated that the boy's SBI of money merely in return for the business was "to convey the telegrams as promise of performing this particular quickly as possible it the order issued. duty, however reprebersible it might be a boy had two telegrams to deliver, in a public servant, is certainly not briand, receiving sixpence, delivered hery within the meanin
mennins of the Ordi-telegram
the other because of the 1101. There is of
the implica money's then it would amount to bribery. tion that if the
What was not paid de lays might readle, but it'
was clearly proved, that it was common knowledge to The complainant and others that defen dant
had little
authority in such matten I therefore discharge the defendant.
When
the decision was given Mr. T. Perkins. Assistant Director of Public Works
CONES",
Mr. Smith:
etc.! Wakeman
about Christmas
B: Everybody knows that tips are given at Home. Under the Fows Office Ordinance postmen are allowed to receive bristmas boxes.
Mr. Smith Well, I think the present ase is exactly parallel to the telegram boy'a ese have just referred to. You yesterday, stated that want a thing specially quickly done and
Afr. Wakeman with E
Mr. Wakeman referred to the Magis trate's statement at the previous bearing to the effect that if a person liked to offer him a 820 fee for hearing a case it was not bribery because that would not influence his action.
Mis.
AUGUST 19TF, 1919,
REVENGE?
SANITARY BOARD COOLIE CHARG ED WITH STABBING.
"
At the Magistracy, yesterday, a Chinese was charged with wounding and cutting another Chinese. "
Inspector Brazil stated that defendant and complainant, who were both Sanitary Board coolin, lived together in a matshed i Bridge Street. Two weeks ago de tradent broke a lamp belonging to the department and complainant reported the matter to his superiors. As a consequence. defendant lost is job. On Saturday Hillier Street, and, after throwing pepper evening defendant met complainant in
inflicting a wound nine inches long. The into his eyes, attacked him with a dagger,
Police arrested the assailant and removed the injured man to the hospital.
Mr. Smith remanded the case.
ROW AT THE DAIRY FARM MAN ARMED WITH TWO DAGGERS.
As the Magistracy, yesterday, "two
Chiness-on a toteman in the Dairy Farm and the other a coli-were charged with fighting on the Dairy Farm pre- mises. The foreman was also charged with being in unlawful possession of two, dagge
The facts of the case were that the two Chinese had a quarrel over some club matter, and the foreman, arming him- self with two daggers, attacked the coolic. The Police arrived on the scene and arrested the combatant
The foreman stated that the daggers: were very rusty.
Mr. Smith said the case was a serious one and 'asked the Police whether they were pressing the charge..
The Police replied in the negative, whereupon Mr. Smith Sned both defend ants 85 each for fighting, sad ordered the foreinar to pay an extra $10 for possesK- ing the daggers,
Mr. Smith replied that he had been inaccurately reported by the Freas. It occurred to him at the moment. duty was to try a case. Supposing some body came up to him and gave him 33 and said: "You go on trying cases.” the reason for the present application f your give bin money for it, not for delay" | gave him 85 and said: "You go on try, and stole a bag of rice. The crew of the i
That was not bribery. But if somebody was firstly, that the decision given by the ing or holding up another telegram. Magistrate when discharging the man,
that would Ang a use in a certain way." You are merely giving him an hono wax wrong in how; and, secondly,
be bribery. thr rurin to do his job. Brent importance of that decision as it
Mr.
Wakeman: Your Worship must affected practically the whole of the sub-
assume that the money was given to in fluence you.
Mr. Smith: A man may come up and Mr. Wakeman Strictly it is a crime.ive me a present in virtue of doing my A man is not allowed to accept it under ob property..
regulations.
די
Mr. Wakeman: He or any other
Service of the Colony. He had Hermnent servant is forbidden to re-
the case as reported in the Daily Press He did not know whether the Magistrate would accept it as a correct report.
he
mency.
Mr. Smith Is it a grime?
Mr. Smith: la that case the Ordinance
is not expressly laid out.
Th
AN EXCITING CHASE.
Three Chinese went on board a cargo- bost containing rice in Kennedy Town
junk blew police-whistles and Sergeant Clark, who was in the vicinity, got into n police launch and weat to the scene. enieves jumped into a sampan and at- tempted to escape. Finding their pro- spects of success small, they jumped over- board and two of them made their cape
not swia, was arrested, and, at the Magistracy yesterday, he was sentenced to KIX weeks hard fabour and four hours" stocka
Mr. Wakeman: I have nothing more to say. I nave put the matter as strongly swimming oft. The third, who could
I could. Mr. Smith: Well, I am afraid, I
s
not read the law in any other way thin I have
When 3 considered I had not sech the learned definitions givra. I think last uphold
decision.
the already done.
I Sith intimated that the report was practically correct, except that the paper, had given a great deal more of
Wakeman: That money should Mr. Markay's evidence than he had taken have gone into Wakeman erted
the Government's pocket. down in his notes. There was a consider
Continuing, able amout of talk of previous prosecu;
couple of cases which came before the thms, and he had not taken a note of
Home
Courta.
rta. Lord Justice Romer's definition of a bribe was
giving a pub-my Mr. Wakeman stated that Mr. Lo had the servant money with a view to influene- remarked that he was there to defend the ing him to act in favour of a certain une clurge of receiving a bribe of 85, but transaction, pant and knowledge of
keeping the giving secret the previous instances were simply cir Cast - Ipading to the acestui fitout the consent
principal of the Department." That
within the
meaning of the
of that $85 and, therefore. necessary to praze
14
Mr. Wakeman: I make an application. to state a case. "
Mr. Smith: It is a most important point of law.
At this point Mr. Smith observed de fendant standing in the dock and re- was Tribe present case added Mr. marked: I don't know why this man is
standing in the dock, by the way...
• La: I would like leave to make a
Mr. Susith: That there were suspicions Wakeman, stated that the money wis
against this man and that he had actually accepted previous: montes!
Wakeman remarked that, as ported in the fees, the ground for the
** very similar." Mr. Smith given with a view to encouraging man to do his duty...
Mr. Wakeman
Magistrate's decision was that defendant Justice "Romer h himself had no pense to issue permits and therefore that any money he took with the intention of influencing Nay not his conduct.
the
Mr
remarks on that; I cannot see why myself,
* Me E. D. ('. Wolfe, C.S.P.: He is a the charge-sheet. I do not see why he should come out of the dock. charged with the offence your Worship suggested-obtaining money by false pre-
lences.
He is
Mr Sith remarked that the present application was for a rehearing.
Mr. Wolfe: He is on the charge-shert
out that Lard observed that the Cours did not require to go into the motives for giving the money or to allow any evidence conferning the motive.
ALT. Smith: Does
Does the mere object of giving influence the person?
Mr. Wakeman replied that the money had been given without the consent or knowledge of the Head of the Departo maintain that his place is in the ment. The man should have gone in to
The man however, was taken out of the head the Department and reported
the dock. about" the permit, instead of asking for
Mr. Smith observed that he was op Mr. Smith: But he has done that for hiding his decision, but would give leave
Dr. Wakeman pointed out that this Was it case of issuing new pernil.
fir. Smith: It was pot exactly that, It was a fact that he had taken the money To what he had promised to do. What WILS bis
job to
do! That was to get the permits. as quickly as possible. Mr. Wakeman: That' why
juxt
AUG- test that your Worship was wrong. This man had a certain power.
submi$. sion is that it was hilery Continuing, Mr. Wakeman stated that the decision ten years.
that amounted to this
practically who
could
"MS
brides
the Heads of Bepartment For
In
We the instance, the U.S.P. issued a number of permits, and the decision would mean one of the subordinates who apt that mone ed monetary considerations for expeditions issuing of thoses permits
buld be guilty of reviving a bribe. Mr. Smith remarked that if a policr nean arceived $1 from a gambler na a peer, he would not le guilty of bri
PEAT-123
.
to stute
Cilse.
..
one or
RAME. WAR MEMORIAL FUND.
The following is a further list of sub-
ribers to the A.M.C. War Memorial
ruud:
Chow Po Sien
1" ling
SILON FOR NLg.
gus isze Bau Su Ki ring Shan
:pg
Li
*p bou Ca Wong Lan Shang..... The Aung Wo Rest. Dr. Ma Luk......... Dr. Wan Man Kaj Dr. Jeg Hawk.
$ 50.00
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me
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Telegraphi Address:
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Dr. To Ying Fan.....
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Dr. To Ying Kwan ...
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Total
12.192.37 & £15/6/0
$3,233.47 & £154/6/0
Um
Dr. Leung Chik Fun.. Dr. Ho Ko Taun.....
Dr. Li Ko Ching..... Mr. Lo said that there were
Dr. Li Ying You two things he would like to make clear.
Dr. Jea in Young... defendant was discharged on the fnets The Magistrate would remember that the
Dr. Arthur Woo........ Dr. Au St Cham ... given by the prosecution, and not by the
Dr. W. T. Cheng..... defence, on his submission that there was
Dr. C. K. Ma........................ answer. He
did not se to go to the Supreme Court and the Dr. Wong Hing Chuen.
thus let the Fall Court there deal with the Dr. Wony Chung Lam Er. Chack Chia Hạng ar if the whole facts had been. Dr. K. L. Kwan...... gone into 43, far as the defener
was Dr. Wong Siu Ngok... concerned. He wanted it made clear that Drs. Jordan, Forsyth, the derision given in that ease was on his submission that there was
Grove and Aubrey.. "Ation Courting
Cate
to
Instead of doing his duty by taking
see the head ne uianded go. as, a miatter of fact 810. There was care at Home of a Clerk who took a bril
no case in order to procure, trù, exchange of a - renen prisoner-of-war before an actual
That man
man had
no power to ex- change prisoners ; tam only thing he could do was to recommend the prisoner person in authority. “He was con- victed for rerriving a bribe The only Mr. Wakeman replied that, as a master difference in the present case was that the of fact, permits were checked. Supposan wanted a permit, in the US.P signed the permits and Mr. Smith: 6 was definitely doing
karu them to his subordinates to deliver, an injustice to the other pruners who There is O These men received illegal gratification had a priority of claim,
not, he
for their delivery, yet, according to the evidence that this man was keeping aty by the ld be entitled to be dealt with Capt. Sen Gupta.....
derision, from the D.S.P. downwards the subordinates would not be liable to pr station because they did not actually sign the perinits.
bir. Smith remarked that if a maa pretended that he had power to us permits or not as he thought it he could in charged with having received money
body else's pernilt houind.
Mr. Wakenman: He was acting contrary to integrity and honesty.
de is aut allowed to take money under General Orders. One of the regulations is that he should be honest
Mr. Smith replied that the Orders did
Friday, and he expected
upheld the Magistrate's decision h his client would. H. P. Hay
untitled to be discharged; if it did Capt. Lealie Smith ... Magistrate. He wished to make C. H. Arnott .......... one or two suggestions in the hope of improving the administration of justice as illustrated in the client was discharged by
present case. Pay the
Magistrate that the man would be
to
o go fret. This man wILH not say anything about honesty. He the whole of Friderently detained for when he (Mr. could not say what act the run under that the man was still being detained Lo) went to the C.B.P. he was told Mr. Wakeman reiterated that he was took to do. applying for a re-hearing on the groun
Mr. Wakeman: To expedite the issue pending consideration of the case by the that the decision
given was wrong. The of a permit.
proper authorities to whether an strate knew that the law as regards :
Mr. Smith: That is not contrary to application should he made for re "pretence was
or for a case to be stated. very intricate lav honesty. indeed, and involved a sumber of things
had intimated to him that in the warrant, under false
the
Deportationum ance, would be made.
In those Ee (Mr. Lo) saw that it would freedom. What should have happend name should have
false
pretences
which to the lay
FLA
Alr.
Wakeman: It is; otherwise the
1540
The
"mind would not appear! Ordinance, would be a dead letter allot the tot 4 annientibn for a detention
under latences
"hribery
it was auch gether. wari
des of the
in the Ordinance
Mr. Smith: I don't agree at all. "What less to attempt to obtain the
way! is the criminal act?
Brite includes any fee, perquisite, re
Mr. Wakeman: Taking the ward or gratification, whether pecuniary must influenus his conduct
ur
otherwise, aut payable or receivabls
br
was that the man's
Was
Mr. Smith: Taking the money with a 'been put on the charge-sheet immediatel had an interview with Mr. Lo, who was
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Cabin AddrBAN:
Mr. Wakeman was heard to say that his mind was made up an hour after he received the papers,
The man was now detained on a charge of having received money under false pretences, but there was no use going on until a case stated.
Mr. Lo remarked that the false pre- tences charge was put in because the Police wanted to get the man.
Mr. Wolfe, C.B.P, stated that he had This proved quite clearly that view to do an illegal act. What is the This the 5 was neither payable por receiva illegal act be undertook to del
on another charge. The man was dix.
entirely misrepresenting what had occur- Mr. Wakeman: It is dishonesty, be ever much, the Police thought the devi put on the charge-sheet for having
charged by the Magistrate, and how
He told Mr. Lo that the man was public servant who accepts cause he is forbiden by the regulations sinn was wrong, and however much the tences. Thero was no object surely, in Every obtains,
Per to take money cannot see what dis
received
falke agrees to
money under accept or attempts to obtain, or cases or procures
officers of the Crown Mr. Smith:
was their duty to abide by the dense there would be an eff
thought it to be obtained,
going on with the other case when ther by himself or by any person, whe honest bet he intended to commit in con- and whether for himself or for any other important the money. It is a very
or any other
They had no legal right to detain the person sideration of
point.
With all man.
Mr. Lo, denied that. seemed mean respect it
had misrepre sented the C.B.P.. the Crown Solicitor to make up his mind under false pretenses he should have that after the Magistrate had discharged
His if the Police wanted to charge hir complaint was the man he should be kept waiting for
received money whether he should apply for a re-hearing been arrested at once and his name put
for a case to be stated.
authority to detain his client after he on the charge-sheet. The Police had no had been discharged by the Magistrata,
by law. Section 3 of the Ordinance
that
Up
person, any bribe with a view to jane practically the whole of the Bubordinate Mr. Wakeman: It affects, as I said, his conduct an auch public servant, or contrary to the rules of honesty Service.
to do or to omit to do
to do anf
act.
*
Mr. Smith: I am sure I cannot read be guilty of a misdemeanour."he law otherwise. His submission was that the man's Mr. Wakeman: I submit it is dis object in taking the $5 was that he had bonest. He is a Government servant and certain influence in the department, as he does a thing which he is actually for all office messengers had. The first thing bidden to do.
it w
Or
Mr. Smith remarked that he did not think that that was within his jurisdic
(Continued at foot of next column.)
pre-
Mr. Smith allowed defendant out on bail of $75, pending farther proceedings.
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