1921-07-07 — Page 5

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TJIKEMBANG "PASSENGERS

RELEASED.

NO EXTRADITABLE OFFENCE PROVED.

The Thikembang passengers lined up once more at the Magistracy, yester day afternoon, their number having been Reduced by one since the last hearing, because one man had been discharged an not identited by any of the witnesses as a participant in the disturbances on the .8. Tikembang. It will be reinem bered, that, a month ago, the Chinese passengers, geterally. Look up the case of

a Chinese member of the crew against a Javanese and made 'demands upon the Captain accompanied with threats to kill. The fugitives, as people appear- ing un extradition warrants are techui- catly called, were identified as leaders in the disturbances.

ring-

At the last hearing. the. Magistrate (Mr. R. E. Limit) found that the attitude of a number of passengers, bead- ed by the fugitives, was exceedingly truculent and menacing" but that menacing attitude coupled with threats; wwsunt sufficient to constitute a revolt, and that sunne dehuite act of violence must be proved before a charge of revolt Conspiracy can be established. to r-volt there perhaps was, but no äctual

revolt."

Tax

HONGKONG

IMPORTATION" OF OPIUM. TWO SHIPPING COMPANIES FINED.

Two prosecutions of shipping com- panies by the Superintendent of Imports and Exports for infringement of the Opium Ordinance,, 1014, Section 48, were heard by Mr. . N. Orne, at the Magis trucy, yesterday.

J.

DAILY PRESS, THURSDAY. JULY 7TH, 1981.

OPIUM AMONGST THE COAL

CEYLON'S NEW LEGIS- LATURE.

NOT THE LAST WORD IN POLI

In the second case the Kwong Tung 8.8. Co. of Connaught Rond were sum- moned, for a similar infringement of the TICAL ADVANCEMENT.** Ordinaces in respect of the sa. Leung Kwrong. The quantity in this cuso vens

The first meeting of the Ceylon Legis- 408 taels of raw opium valued at $934.

latile Council under the new constitution Mr. M. K. Lo appeared for, the defence, took place at Colombo, om June 7th, by He remarked that it was a case present the Governor Sir William H. Manning, "One or two Thiity-six out of the 37 members entitled The Ordinance provides that "no shiping no unusual features. shut be used for the importation, rembers of the Chinese crew had disto be present atrended and were

appeared so that he was unable to prove ing in the presence of a distinguished that none of the crew was implicated, assembly including the judges and other Therefore, the defendaats must plead notables "guity." He did not know whether it. The Governor's address contains the was suggested the they were negligent, following:-

moval, carriage or conveyance or for the exportation of any opium." The Ordin- nace is nug of those which places the onus on the defence to prove innocence, : for Section 48 continues:--

or took part in the smuggling, but the The present constitation of this Coun It shall be deemed evidence of the nawful use of such ship unless it is Captain and the Chief Engineer wouldcil places in the hands of the unufficial members a very real power to shape the proved to the satisfaction of the Magis tell the Magistrate that they had taken destinies of the Colonya far greater trate that every reasonable precautional reasonable precautions. He asked power than they have hitherto enjoyed; had been taken to prevent the unlawful

the Magistrate, in a case where the ship and it entails a corresponding respon use of such ship and that none of the

that power wisely and ollicers or their servants or any of the ping company had done their very best siblity to use

well for the furtherance of the well-being crew of such ship were implicated to prevent smuggling, to say that only and prosperity of the Island. I have la the Erst ease, the Kwong Ming S.s technical offence had been committed and little doubt; hut that the power now en therein.

Co., of 25, Des Voeux Road, were defendants, in respect of the six. Ming:

the

Tai

Mr. N. L. Smith. Superintendent of Imports and Exports, prosecuted and Mr. G. K. Hall Brutton defended.

Mr. Hall Bruttop said the Company had no alternative but to plead guilty" under the wording of the Section of the Ordinance. The place where the opium The Magistrate, however, detained the was found was open to the passengers as fugitives, on bail, peading the arrival of wet as the re-in fact to anybody on is definite charge from the Netherlands board the ship. Although the Company "India Goverument and the solicitors for could prove that they took every precau- ühe defence, Mr. Leo I'Almada and Mr.tion to prevent the ship being used for the M. K Lo, asked for an opportunity to importation of opium, it was almost im consider the legal aspects, of this deten Possible to prove that none of the crew was impleated. Two had left the ship and three had been discharged and unless

Tion

In reply to the Magistrate, Mr.G. H.

to impose a nominal penalty.

trusted to them will be wisely used, an Mr. N. L. Smith said that in this in. it is essential that it should be recog

nised that as the manner in which this stance the opium was found in a spare very considerable step in advnuce in poli- coal Bunker. Beneath a board, covered tical power is utilised, so will there with coal, & quantity of opium was con-emerge, trust, a condition of affairs that will eventually justify the delegation | cented. He thought that a coal bunker to the unofficial side of this Council

came within the purview of the Chief further und wiler powers. Engineer

The Magistrate: That would not he open to the public, so that dispoasi of them, and it must be presumed to have been our of the crow. The question is whether reasonable precautions could have prevented the snuggling.

Chief Revenue Offer Watt said he had to creep through "a harrow opening to get to the pace where the opium was

hidden...

In order to dispel many doubts that seem to have arisen in regard to the Con- stitution now in force, I desire to state here today thate all those responsible; for the framing of this Constitution were anxious that is should be clearly under- stood that it did not inv down the last word in political advancement for this Colans, but rather that it should be con- sidered as a stage on the road to further things; and that by watching results of the working of the present Constitution for Ceylon, suited to the genius of its people and to the conditions obtaining in this country. I trust, therefore, that

The No. E. Chinese Revenui: Officer said the opium was hidden under caal, but, we proceed to the duties before us this consummation will be borne in

Wakeman (the Crown solicitor) said that the detence could call all the nienabers of Mr. Lo said the ship's officers denied that mind; in order that with sound and!

no requisition had yet been received from the Netherlands-India Government. (The Treaty provides that such requisition must be received within 60 days).

Mr. D'Anada: Your Worship will remember "that, you gave your decision that there was no revolt, but only con- spiracy to revol.

The Magistrate: Well, there was some

evidence of, conspiracy,

Mr. D'Almada: I immediately arged, and Mr. Lo supported me, that in view of that decision the fugitives were entitled to their discharge on several grounds "which 1 then. mentioned. Since then, Mr. Lo has written to the Crown Solicitor asking whether he agreck

with us.

2

(1.) That a crime to be extraditable must be included in the list af crimes, not only of the Estradition Acts, but also of the particular Extradition Treaty, nad

the crew they could not say that hone was concerned in singg rug the opium was no use calling evidence that the were blameless as, owners, and otacers stader the Section, the fact that the opium was found rendered the ship liabe. The place where the opium was found was under the care of the engineers but the goor was never locked and any past could have access. The defeddants had plead guilty" but he asked the Magis tratu to take into consideration all the facts and the fact that the ship had been on this run for eight years and the practical impossibility of the Company protecting themse.ves

The Magistrate said he had visited the ship and scea the place where the opium was found. It was off the deck used by the passengers: they would not be entitled to go there.

Mr. Hall Brutton: 1 is only used by the staff at night when the electric light There has to be a (4)-That conspiracy to revolt is not supply is required. within the Treaty between the Nether-hale there," added Mr. Brution. lands and England,

The Magistrate: And the opium was Mr. Wakeman's reply was: "I agree substituted for "the hole "How would with your views as contained in your it get on when the wheel begins to letter"; so that, with regard to those revolve 1

there was any coal there.

The

moderate judgment the end aimed at may be discussed, and a wise decision as arrived at to what is best may eventually be

I should be recognised that the dif ficulties are many and varied, and that the aspiratious of different communities for representation and the form of such representation are a problem that will require not only sympathy with the as- pirants, but careful consideration of their demands and a wise discrimination in granting them.

The Chief Engineer, giving evidence, said this was not a coal banker at all. but a space called "strum," which had to be kept clear in case it was necessary, at any time, to "pump the ship. boards had the loose; if they were firmly fastened it might impede pumping the ship at a critical time.

He considered that all possible precautions against suggling were taken: he had often given to the Customs at Wachow opiumy which he had found on the ship. He added BIG SCHEME FOR FRENCH that he would put iron bars on the boards, now...

-

PORTS.

Some time ago the Ministry of Public The Magistrate remarked that that Works laid before the Government an suggested that an additional precaution extensive scheme for the improvement

might have been taken.

נד

The Chief Engineer: 1 shall have to of certain of the French ports, und, in cut the bars in emergency and while I particular, for the extension of the port

You of Havre. am doing that the ship may sink. have to think of the ship's safety. your ship goes ashore, you have to get the pumps to work quickly.

If

The Magistrate mentioned the bond in the agreements under which members of the crew signed on.

Mr. Lo said that when members of the crew were made liable under securities

The Government recently authorised the Ministry to proceed with these im- provements, and work will be begun shartly. Buy's Reuter.

WORK AT EIGHT PORTS. The ports concerned are Le Havre, Marseilles, Dunkerque, Saint-Malo, Caen, Rouen, Saint-Nazaire, and Nantes. At.Havre the extentions are to include the construction of few docks, the deep largement of quays, which should add

sent existing.

two points, the Crown is with us. There Mr. Hal Brution: The man who puts they simply ran away. if anything hap-ening of an existing dock, and the en

||

it there has to take it out.

The Magistrato: That sounds a cum- brous business.

I

My Hall Brutton: The ship comes in daring the day and the man would re- move the opium by day.

Mr. Smith said there was a movable

pezed.

The "Magistrate It is a question of some 12,000 feet to the wharves at pre-

securing reliable men.

Mr. Los Opium smuggling is a very tempting trade. Unless you engage ent princely súries the temptation is too great for them. Mr. Lo mentioned stokers.

is the third, point, raised by your Wor ship, that the words any other crime" appear in Article 11. of the Treaty. On that, I communicated "with Mr. Wake- mun and he intimated that in his opin- ion that portion of the Section was not applicrble. That being so, I cannot see what other course can be left to your block over the place: there seemed no Worship except to discharge the fugi-reason why it should be movabl-unless tives. Not having found "revolt" to be it was for cleaning purposes, proved the wartans before you now in The Magistrate: The question is whetoker could do opium running on a nullity and the fugitives are not really ther the officers or servants of the Com-You have to pay a great deal of hush-

before you at all.

Mr. Lo agreed and said it was no use taking evidèses on the warrant before the Court, unless that warrant was some thing more than a scrap of paper." It would be nothing else than a mis

pany, if conscientious, would observe that. Perhaps that is a moot point,

Mr. Szaith: I think it is rather, but on a small ship like that I should have. thought the engineer wou'd know most about it.

The canal system is "to be extended, and the canal from Havre to Tanear- ville, is to be widened and deepened.

Communication between Havre and Rouen is to be improved: additional railway facilities and new ferry-bonts will greatly aid traffic between the two ports, and additional warehouses are to abe built to accommodate an increased

quantity of gonds.

Mr. Smith's, I don't think the casual

Irrge scale, like this, on his own account.

money.

FLOATING DOCKS.

Grent improvements are to be made at Dunkirk, where an entirely new outer The Magistrato imposed a fine of $1,000. port is to be constructed. Two floating Mr. Lo: I don't know whether your docks are to be provided, connected by

River As. Worship would assist my clients, and chat with the naval repair yard, on the shipping companies generally, by giving A bage Boating dock, which it is esti The Magistrate: I don't want to be an expression of opinion as to whether mated, will cost 12 million franes, is to new busin carriage, of justice, or, at all events, a oppressive on people but a hollow space you think the shipping company have or be built for Marseilles; a

within the purview of the officers and

is to be constracted there, and an exist grens hardship on the fugitives to be servants of the Company ought to be have not taken all reasonable precautionsing basin enlarged.

The Marseilles-Rhone canal is to be retained for conspiracy to revolt" lo ked to..

It is a question of making representa. when it was agreed that that was not an said the quantity of opium found, in this altered. It is not, perhaps t'early be found by means of the issue of a part In reply to the Magistrate, Mr. Smith tions to the Government to get the faw completed. The funds for this new and extensive improvements scheme are to extraditable crime, and the extraditable case, was even parcels of raw opium crime of revolt had been found not weighing 222 taels and 23 ore-tael tins of within your province, but we should wel development loan. proven.

The Magistrate About 8700 worth. In cofae an expression of opinion,

The Magistrate said it was a little posed

14

prepared opium.

Mr. Wakeman, in reply to the Magis- previous case a fine of $2,000 was im dificult for him to express an opinion

trate, said he could only repent that as the law stood, we must wait for the réquisition.”

The Magistrate: Do you agree that conspirney, in this particular treaty, not extraditable

Mr. Wakeman: It is not.

The Magistrate: I do not see, then, what I can wait for...

w

Mr. Smith: It does not seem so flagrant

as the other case. As long as the Com not having heard exhaustive evidence as panies will take all reasonable precauto the precautions faten. It would be plons, that's all. I care about. I--don't a little beyond his province because he want to be oppressive on them. the Company should take precautions.

The Magistrate: It is important that did not know sufficient of the sage

ment of the ship.

Mr. Hall Brutton: We can prove we have done that...

The Magistrate: Yes, but unusual pre- cautions; looking for places where opium might be hidden..

SPORT

GOLF!

THE DERBY SWEEP WINNER,

Captain Alban Jones, who is regarded by the luckiest man in England, has decided that even winning the Derby Sweep has its drawbacks. Within a few hours of the first announcement of his success the postman deposited at his door more than 1,000 letters. His correspond- ence has since been coming in-in a re- gain stream at the rate of 100 ench de livery. In his dilemma, Captain, Jönes appealed, to his wife, who is at present in Wales. She replied: "Look after your own end; 1 am deluged my- self." She added that she had celebrat ed their fuck by treating her Sunday The Captain's Cup Competition, played class to visit to a musical festival. The: Magistrate said that, since the

over Reef Course at Fanling last weeks of the letters, the lucky couple law officers of the Crown agreed with the Mr Brutton remarked that it paid the end, was won by Capt. M. Glover, who gifts of £1,000 or more. Others suggest have received, are cool requests for searchers far better to find opium away returned a card of 01-18-79. Other cards wild cata schemes to increase the fortune defence that the crime of conspiracy, from the Colony than in it, under the English Act, was not extradit. able under the treaty, he had no course very trivial, case, I will fine the Com

The Magistrate cannot find it a returned were:-E. J. R. Mitchell, (4) hundredfold Captain Jones mean- while is calmly going on doing his ordi- open except to discharge the fugitives, many 21,000, and the opium will be con 61; G. W. Sewell, (18) 62; D. J. Venary office work as it nothing unusual and he accordingly did so.-||

Lise, (8) 85.

had happened.

Mr. Wakeman: We are aimply in the middle of the proceedings. There is further evidence to call.

Mr. Lo: Only on technicalities."

Mr. Hall Brutton. So far as I am aware, it was unknown to the engineer that the plank over the cavity was broken.

The Magistrate; He, could not have teated the place; he could not put his hand there without Ending that it was movable.

iscated.

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