1920-09-04 — Page 3

THE

DECISION BY TH

CONVICTION

·zibilit

DEPOSITION 21 Ka Lawing this

fall - Court yostarday

onthe

mana depost

mccused,

able, zet

deposition had

prisoner and thi

been

Mi, Ading Chile§. i ustión :: ()

*COURT.

to the Boen

foltores

point of

ied at the "Angust Criminal Su- sons and reserved by me for the consid eration of the Full Court under soc. 78

the Criminal Procedure Ordinance.

Nome: the /

the

(such

when', the

PRISS SATURDAY,

"I notice that the deposizion soc 13 gives in the Magistrate's note you, Larm of, a 'con

both the statoment and the erONS Tumination ¡on: 1t. It would be desirable, I think, that iF and when the Magistrate para any ques sertion to the complainant he should record his question and the answer to it verbatim. Again when he

down, the cross- examinations |ë von Very desirable to bly notice take down used indvidual questi

mat by returned to tha& quadions bet the vamp

aling to

MR. JUSTICE WOOD,

THE KUNG “HONG

CONTRACTI

CASE TO GO BEFORE PRITI

- COUNCILAN

At The Supreme" Courts yesterday, B

Bull Court, consisting of the

Chief Justice MEE onsperta) and the Asting

Judge: (Mrs J. B. Wood), Mr. V. H rummand (instructed by Mr. V. B Hindy made motion for beago to appeal to the Privy Council in the case in which Fung Turng Obetray

tha

to the Full Conrt of Appeal en by the Acting stice in favour of Wong Lam Song Hing in connecti With the

The Acting Puisa Judge rendered Meaked, for a following judg

not in regard to Thay

al The Fall Cours of

ppication with (instructed By Mr G eared for the respondente, Mr Drummond read out the petition

the appellants and said the application before their Lordships was for leave to appeal to the Privy Council from the

the curre During

Criminal Bosadorys in. ade the inel of Lanny 16, who was convicted

Ion an indictment for murder the que lowed the of the admissibility of a depositionstek that the under Ordinance of 1869, Bection 33,

revorved by the Sostredi Chief Justice. table

Objection has been raised to its admission itself, give on the ground that no reasonable noiiew [ of the Magistrate's intention to lake the

which way given by the Full Court prisoner,

BEKLEINOLE WAS served on the accused. A be formally

written notice was served; but it was on August 90th dismining the application served immediately before he taking of the for a new trial The notice does go on to state that the deposition and it contained no statement informing the accused that he was likely to he tried for grievous bodily harm to the witnam. We are asked to say that this notice was not reasonable within the

qu'rements of the section,

little enough info but it might as I have sufficient.

The priser Leong Tai was indioted for wording of the section the murder of one Lan Tran, The statemem would

offence.. Attorney General tendered in evidence the deposition of Lau Tian, which had been taken by a Magitrate, under see jy of the Evidence Urdinance which corresponds with some modification, to 30 and 31 Vie

36 Mr Jenkin for the Prisoner objected to the reception of this evidence, cost was argued and 2 admitted the deposition, stating that if necessary. would rewrve the point for the Full Court The jury having convicted the prisoner the point bus now been argued before us

The fire objection is that the Butice served tpon the prisoner is deficiopt in essential matters. The material part of this notice is 'na:

evidence may subsequently be read against the prisoner. It is questionable whether this statement is sufficient indication that it relates to an indictable offence. Da the whole, I think that it is not.

However, Mr. Jenkin basen his objection: to the notice on a more

A

The Chief Justice Your notice of motion does not conform to the petition.

Drummond: The notice of motion was made on the ground that we have been refused leave to appeal!

The Chief Justice: That is mat a correct statement

Mr. Urammand. It is a clerical error. The Chief Justice. Better set it right. The rest order won refusal to order a new trial I think your matice should be

In every esse notice must be reasonable to the satisfaction of the Court. It may be, of course, that the reasonableness of the rious ground notice is beyond dispate," but otherwise the Court will ask two quant one: (1) “Did more orious beca I think that it the authorities give the socused we long To Chan Hon alias Leung Ta alias goes to the root of the matt

Even if notice as possible consistently with obesin Leting Yik Trun

tice ising the deposition ? ? wad (2) Did the -amended: Take notice that, the statement of formally suficient, he says the Lau Tan who is dangerously ill, will unreasonable in that, as already stated it authorities in the written notice afford the bethit by 1.0. Hutchison (Mag. gives no indication of the offence to which strate or Justice of the Peace) ag Civil Hospital at o'clock in the forenconDe talement relates.

Now the basis of the Magistrate's juris, on Friday the 2nd day of July 1990, and may be subsequently read in evidiction is that it appears to him that a pesan dangerously ilkand unable to travel «dence szam TOM

You may attend at the time and is able and willing to give, material in dictable offence place aforesaid and may, if you desire rormation relating to

creat. The zo de arus exsuring the said Lauor to a person accused

vidence being Team either by yourself or by your Counsel or Solicitor.

section contemplates

mat

Dated the 2nd day of July 1990 Timothy Murphy, Inspector of Police (or Magistrate's Clerk or Justice of the

taken in this way, been yet formally the praction for hearing of a thin

Mr. Drummand drew attention to the necured the information then available to Ordinaire in regard to security and sulpen- enable him to Thor what case he bar, to jan, of judgment meet 1 In every ones where the notice is The Chief Justice wished to know on not unquestionably reasonable, if a longer what ground execution of judgment should time or more definite information could be suspended have been granted to the socnsed, the author. Dramnoud replied that it was merely ritie will have to justify their procedure formal Judgment could not be suspended to the Courke

as the money had been paid sea In the present case, I if mention the His Lordship remarked that by paying fint question of time. The interest be the money the appellants had, waived the zo person has tween the service of rotios and the taking bereits serving from the Ordinance.

But it is of the deposition was the shortest possible. Mr Drummond: Suppos we succeed in istrate on the One avent followed closely on the ether the appeal! There would be an order for an indictable The circumstance, which led to this pre-a new trin). We shall then have no, secu-

cipitation was as follows. The accused was arrested on the afternoon of the 1st July, when the witness way in hospital. The wit The Chief Justice: That is the intration news was then expected to recover and it As a matter of fact we ourselves like to was not proposed to like his deportion. so that practice, but I cannot see how we During that night, he became worse and can have power to make an order. Leave an operation was performed. On the 2nd to appeal is given on the ususi t rms. The July at 9.45, an.. he was available to que ton of security will be considered by give evidence and his condition 44 peux nounced es lóti“ 2. Arrangements were at mga once i stadečko „čske the derication. sccnsed as conveyed to the heapsal. notice was served and the deposition taken there at 11 mm. The witness; died 10 Berry; later, The whole action of the authorities

offence in Court to give notice to the The widence is that the prisoner was prisoner at the commencement of the arrested in the wharf at 6:30 on July 1st.bearing of the substance of the charge The decated Las Than had been already against him. So here it must be reagon Fernt by the Police to the Givil Hospital apie for the prisoner to be informed. suffering from the wound from which he the thargy he is being taken to mest. ventually died Fatal consequences were then the notice reasonable in this sp not a first apprehended but an opera 1 agree that reasonablenem is a tion wa faandreessary and it was re of Lace and that you are bound ported the Police that was an enchiry to

5f state to: night.in

not that

“depseitia - as "he" was umler, the Jaffarce : aaaam, mut there bias

to be made. Th

Solempia

of dorphin Next morning his conditios this stage of the proceedings in the eye improved and about 9am. It was decided at the law still an uncent man. He had to take his deposition At about 11 amber arrested the evening before when the printer was taken in custody to the gave the harde of Chan Hon. Civil Hapital and in the passage outside tion had reached the Police that a man

Informs

the ward the notice was handed to tim named Leung Tar had stabbed the camsitated by amergency. It would appear by a laferpretay from the Magistracy, plainant

between 9.45 a.m. and it sm was neces possible to have served the nolics on the He interpreted the notice to the prisoner If the prisoner was the guilty man accused, say, half an hour earlier this was who was asked if he undertsood it and re be aware probably of the true facts actually done; but this delay in service does plied in the affirmative The prisoner was of the case. But if he was innocent he not seems to me suficiently substantial, to then taken into the ward where the dewould or might know nothing about them, affect the admissibility of the deposition positige vas taken in his present There is no evidence that any information having regard at all chroomstances the biste

Bevent objectious, were taken.

se to the charge against him was given abow seems to have been inevitable. If suficiency of the notice. I will deal first him by the Police. The constable who the deposition had not been obtained then, LAST Brrested him sille, him hig name and said it was likely that it would not bays been with that relating to time.

The Ratule enquires the Court to be nothing more questioned. Inspector obtained at alt Bo far the notice to the satisfied that the notice of Intention to Murphy on this point, and be stated after prisoner was reasonable lake the evidence in this matter has been careful thought that as far as he knew Pogsonable notice. Counsel for the prison the prisoner had no direct information of or argued that the section implion that the charge against him It comes in there, dust be some interval of time be the end to this that a man er hypother tween the service of the notice and the nascent, has been arrested without being aking of the evidence. It was necessary informed of the charge against hiur. appiers from the evidence of the MediHe has still not heard what the charge is cal Offer, that the deposition should be when he is nerved with this vaguely worded taken Phen-is was taken. -. It would not notice which gives him no information have bees safe to delay, as the deceased to the nature

of the might lave got worse and been unable to time

when testify." He did in fact, die sous te mitted. hours later. But it is argued that this Stoma

Në

in immaterial. The prisoner must know particula

what to be said against him, tha learns

place.

may at be taken by surprise and that be tion that will be made against him may bave full opportunity of cross-es the prisoner been char amination. There was in this case, no before the interval

#from/die passage ando

straight upon arrest

after the format

aution at

nce of the the Central "tion-this might have

hapa mnde the notice sufici that my,st might have been a

witness, The atate of the injured man be so leriot that his ende

ren Hance or not at all. Still, unles there har been regaonable motion a dence cannot be used against the noosed The prisoner, dido not, it is true, poject and ask for longer notice, but an

wever I have not

there is no

of anything of the kind The

to this prisoner wig in my inadequate and unreasonable

roan of the coolie ciaís cannot be expostes | ground 1 am, bound to hol

to know his legal rights and

course, waive them,

murde; way – regsonably

entitled to his discharge.

The tier poing

rity. The real object of the clause is to protect the appellant.

THE SLAVE GIRE” CASE. DEFENDANT QUILTY OF ASSAULT.

AT BOTH SIDES GREATLY

EXAGGERATED CASE."

The following judgment was given by y.Win the Mr. O. Hutchison, yester ease in which a Chinese woman was charged with seriously asanlting little girl eigha years of age whom she had purchased for domatic service

The charge before me is that, of, assault and s such it is more or less-trivial cast The Doctor evidence makes it quite clear that the child's condition was not The second point on which the reason serious, that the blows had been administer- ableness of the notice has been challenged od with a light enue, and were not in any in that it did not specify in accusation. It way severe. Both giles have, I am of informed, the accused that the ovides of opinion, greatly exaggerated their own the witness was to be faken in the Cvil of the case. There is no doubt that the Hospital at certal time that this evid garratt meast to give the child into the

Mui-T887, ence might be a Agalisé ha Fond custody of the defendant una that he had the right to attend and crom and that the child did ran away twice and

amine. But it was silent on the nature was a very precocious childr the charge to which the evidence would am abo" satided that the child was form given in Stone's whipped and tied up by the household of for this purpose goes the defendant.) I think this whipping Yi, further."--It, sits ong that the witnem-Yar chaps, rather more heavy than it should been seriously injured at a certain place have been; but there is nothing that in and on a certain date and that the accus zny way Toerables persistent cruelty may be charged with causing grevious defence tated to make out the this WAG bodily rm to ham. Can it be said that a deep plot on the part of the parents,

the spoused is reasonable hach an Ettempt to fly the white, pige

ion of the ease be will have, do not believe this but I think that

This parents are trying to make capitalö

tica left bim face to face wi

ormation, upon the notion

and on

“hich was to be authoriti

to the

bale the present situation I find the defend

uilty of salt ad fine her

ary of Clane

Affair

the child to be taken to him.

TWO WOMEN, FALL OUT.

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the indict

** Oral notice had been given to the prison::||2ke Cat (1,1, 3nd the deposition was taken tha Say about 7,30 p.m. The Court poissée

though

But it gistrate should give. aking the evidence, and thing

Cout that no opportunity had Been afford

the prisoner of obtaining legs

the

tial bed that in all the airi

ancer, the all his reasong, me set out in sex

and while not saying that

Pri had not a full opportunity of on thes reasons, the jurisdiesi

ovidence was there, od”. L. think

Sc Aure that com

Harr

rectly reported,

tbe, decision

But I

further.

ANG FRAGEDY

Fox

woman, breakin

Fendant on 7altho

Berself from Etijd.

Editch, break

Inspector naked COMPILIZATË 18 12 hong be discharged for

and wou

The Inspector said that the woo [feed og pigs in Kowloon City, on

day when a quartel srosa, boty cen the complainant, struck the defe bios on her shoulder with about to hit her: a second, defendant pushed her,

the drichsasta

TAST

EEW

DAYS

OF

OUR GEDAT SALE.

BARGAINS

IN BOOTS AND

AT

END

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OF SALE ON

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SATURDAY THE 4th last.

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