1921-08-19 — Page 3

Page

FLIGHT OFFICER'S

DIFFICULTIES.

"NOT REQUIRED AND NOT ALLOWED TOʻGO.".

EXPLANATION TO COURT: MARTIAL.

CRITICISM OF AIB MINISTRY.

THE HONGKUNG DAILY PRESS, -FRIDAY, AUGUST 19TH, 1911,

"ENGLISHMAN'S HOME IS

HIS CASTLE "

BUT IS HIS PICTURE PALACE ANOMALIES OF LOCAL ORDINANÇE,

joining the Air Fores and subsequently he appeared before a selection committee at the Air Ministry. He was there told that he could rejoin with permanent. commission this would have to take his substantive rauk. of Captain until the end of the year when he would receive bia majority. He had never seen his name in the frezette as having been granted a short service commission and he particularly stated at the Air Minis Flight. Lieut. LA. Hervey, R.A.Fry that he did not want one. Towards, since then, must have thought it attached to the China Command, appear the end of October he was appointed to General Court Martial at Shatwick Air station where he remained ed before Victoria Barracks, yesterday, charged until March, 1920. He had no regular with having absented himself without employment but was engaged in testing leave from Jun 1st, until arrested at machines for Ireland, arranging over Singapore on July 22nd, and with having son drafts, civil aviation, and general disobeyed the commands in superior air station duty." officer by failing to report at the office of the 0.0.C. when ordered to do so by the D.A.A. unit Q.M.G,

SENT TO HONGKONG.

The Larceny Ordinance, with which this Colony has managed to rub along since 1583, many thousands of offend tective enough-came in far veriticism in the course of a case at the Magis- tracy, before Mr. R. E. Lindsell, yes terday afternoofi.

ANTI-MUI TSAI SOCIETY,

ITS CONSTITUTION,

ia their has and

In auclosing the following copy of the constitution of the Auti-Mul Tani Socisty Mr. G. G. Anderson (Hou. English Secre tive Committee to point out that it conviction that the mui tsai tary) says am directed by my Execu

not yet been thoroughly that it is too big a question, affecting as

investigat it does the well being of thousands of

inarticulate

and children of ten- der

years,

to be "shelved.” The Society une takes thorough investigation; and charged an exemploy with well, it satisfactory-solution, thereby removing & The Hongkong Amusements, Ltd.. efforts will not be spared to evolve # na fint very clear what the Company star upon the inhabitants of Hongkong, did charge him with, as the following

irrespective of nationality, dialogue will show :--

The Magistrate (to Mr. Brutton, for the charges as they now stud the prosecution): Have you copies of

In March, 1920, he applied for foreiga The Court was composed as follows: modore rele who informed him that he service and appeared before Air Com- Presidents Lieut. Col. J. R. Wyndhan, was to proceed to Hongkong for Air D.S.O., 2nd Bn.. Wilts, Regt. Members: Intelligence duty in, the Far East, these malicious damage" charge is dropped Mr. Brutten: I understand that the Major H. Greenaway Punjabis duties to include China, Japan, the and the charge stands as originally Major H.. F. Wallis, 2/Wilts. Regt. Philippines, Siam and Japan." He work. framed, that is Captain F. L. Brown, O.B.E., R.E.

"breaking and enter- Captain J. M. Murphy, R.G.A.: Waiting before sailing for Hongkong, collecting

ed for one month at the Air Ministry, ing." Member: Captain 1. Glover, 2/22nd all the information possible about the contrary! Mr. Woo came here and said The Magistrate : I understood the Punjabis: Judge Advocate: Major R. P Far East After that, he was granted so, in your behalf. Culver, /Wilts. Regt.: Prosecutor:

10 days' leave in order to obtain uni- Mr. Brutton: Captain. A. H. Bleckly,2/Wilts. Regt.

No, the charges are The accused who wore mufti, pleaded leave for over six weeks after which behave said.

form and equipment. He remained on alternative. That is what he should "not guilty to both charges and con-

reported to the Air Ministry and asked ducted his own defence.

Lieut. Col. W. N. Nicholson, D.A.A. any suge had been arranged. It and Q.M.G., produced official document be applied for and, after a further was then discovered that no passage had which disclosed that the Accused's

delay, he eventually left England on appointment to short service commis July 19th," 1020, arriving in Hongkong sion was gazetted in October, 1919, and about the end of August. Before leaving the post of Staff Others, Air Intelligence, in the Far East, and was to be attached arrangements had been made in to the Headquarters of the China Com

an also directed to point out that the Society undertakes a thorough investi Eation; and efforts will not be spared to evolve a satisfactory solution, thereby moving a slur upon the inhabitants of

the Society has no intention whatsoever of Hongkong, irrespective of nationality.

I am also directed to point out that appreaching this burning question in a partisan spirit, in the sense that a certain mui tesi system, while another sction is section of the community defend the

dend against it. The welfare of the mai tas is, to the Society..the primary com sideration, while practical humanism is

our only motive force":-

1. NAME.This Society shall be enfled the Anti-Mui. Tsai Society."

that in May, 1920, he was selected for the Air Ministry he was informed that the Section of the Larceny Ordinance the Society are tmporarily situat

mand. A Command Routine Order show; ed that the nevused arrived here and "assumed duty on August 30th Fast.

Lieut. Cal. Nicholson said that the accused's duties required him to be pre- ent in his office at Victoria Barracks when sot absent on duty from Hongkong Towards the end of last May it was re- ported to witness that Flight Lieut. Hervey was absent without leave. Wit ness wrote to him unofficially and receiv.

ed a reply dated June 6th.

.

LETTERS PROM THE ACÓCHED.

Lieut. Hervey's letter was read out by the President. In it he stated that he had come to the conclusion after a lot of consideration that it was of no use his staying in the Air Force any longer for various reasons. He declared that he had ever been gazetted and had never received a commission and that it was absolutely impossible to carry on with his present pay which amounted to about $240 per month at the present rate o

exchange. ↓ think" the letter pro- cended that very few people realise what the Air Force has been through since

*It is the sluty of a free and prepevasive gruple to consider from time to true how for and in what direction. He ukī laslitutimaj require, m dificutión to slapi), them to the changing conditions of modern life, auch. I glad therefore to learn that the Chief Pleas of Surk, in comenitalina toith my Lentokent Governor of

the Bailiwick of Gurranny, here' recently lead under consideration the of reform in legislative Percutire wystem of park. I trust did them delibera" turne may slurtly result in mensures which will brain was life" and eigur into the ancient constitution of the island and inc PELUA The lappiness and wellbeing of my frith ful subjecti in sari."

1917."

H.M. KING GEORGE V,

There had, he said, been three changes of uniform during that time and he was still paying off £25 per month for his last outht. I am sorry to give you all this trouble out here (the letter went on) but I do not intend to put up

with unfair treatment."

Continuing his evidence Lieut.-Col. Nicholson Bld that he again wrote un officially to the accused on June 9th and asked him to come and see the General Officer Commanding. He received a re ply on June 15th..

Hongkong as regards pay and allow

nhces.

1

On his arrival here there was alleged uniter, Mr. Brutton voted for Queen's Road Cent Conn, u

111

The Magistrate: He said there was no existence of breaking and entering. admit that, because that is our case.

Mr. Brutton: He has no right to 2. OBJECTS.-The objects of the Society are-to oppose the evil practice of rearing, 1 should bait the defendantivut, on $200, their mistake in continuing this practies, The Magistrate: You don't imagino mui teak, to assist the public to realize on a charge of breaking and entering i

and to devise the best ways and means There was next

to effect abolition of the a discussion de to

system. 3. HEADQUARTERS. The headquarters of the breaking and entering- should be

the rooms of Lr. nobody to meet the boat and he had no Section 4. information as to where he was to re shall enter any dwelling house in the Wong c/o &. S. Watson Co., Ltd.,

which says, "Whosoever

Correspondence may also be addressed to (1) Mr. J. M. port. Eventually be reported to the ad- night..

The Magistrate remark. 38. Connaught Road; (2) Mr. G. jutant of the 2nd Wiltshire Regimented that that Section, used the expression Anderson, c/o Union Trading Co., Ltd., who passed him on to Lieut. Colonel entering," only be thought Section Prine's Buildings; (3) Mr. Ngan Kwao War Office had cabled to say that an Crosse. There he discovered that the

Stret Mission, Bonham Road. Yui. 2. Kwong Hon. Terrace, Aberdeen officer was being seat here for air duties

(4) Rey, Wong Oi Tong. Rhenish but they had not cabled the name of the ship or probable date of arrival and the Air Ministry had taken no steps as regards pay and allowances. He could not receive pay in Hongkong as no pay certificates were issued to the Air Force, neither was be able to draw allowances until cables had been sent to the Air Ministry for instructions.

NO.NOTICE OF HIS EXISTENCE." Since he had been attached to these headquarters the Air Ministry had taken Practically no notice of his existence, except after repeated cables. They had granted £100 for six months' travelling in the Far East. Although he was attached to the military in Hongkong: they had no record of his past service, which he believed it was usual to forward when an officer was transferred from one Command to another. When he received his former commission in the Air Force in December, 1918, he was given a copy of it. He had rever re ceived any copy of his commission and not having seen the Gazette he was uo- aware that he had been commissioned, Frear that he concluded he was not sub- jeet to military law. His pay here was so insufficient that he found it impos sible to carry on and, therefore, wished to sever his association with the Air Force. Being under the impression that he was not under military law he thought he was at liberty to do this. According to the War Office cable be was appoint ed staff officer but he had never received staff pay and allowances.

CONCLUSION OF PROCEEDINGS.

Addressing the Court the Prosecution said the statement made by the accused went towards mitigation rather than dis- proving the charge. He apparently con- sidered he had been badly treated by the Air Force but unfortunately he had gone the wrong way about remedying it.

At the conclusion of the nocused's

minutes and on resuming called upon the Prosecutor for particulars as to the accused's character and record of ser- vice.

would be better.

Mr. Brutton: it is an extraordinary Ordinance, this.

The Magistrate: Yes; it is a curious Ordmanes, is it not i

4. MEMBERSHIP Membership shall be open to all who approve of the objects of the Society, irrespective of nationality. sex, religion or domicile.

IS A PICTURE THEATRE A DWELLING HOUSE.!

31r. F. E. Nash (for the defence) who

3. PRIVILEGE OF Mynes, ETC.-Mem- had been waiting for the charge to bibers of the Society enjoy the privileges of formulated, now inquired, "Is it to being publicity to their views at the Section 3 and, on hearing that it of electing and being elected officials of annaal and/or extraordinary meetings, was, he took a preliminary objection the Society and of receiving all the litera that this Section said, Every person tur issued by the Society. It is their who enters a dwelling house with intent responsibility to protect the interests and

Bir. Nash sub further the work of the Society," to commit a feleny." mitted that the charge was bad because the case related to a theatre and a theatre could ant, by any stretch of inagination, be called a dwelling house. The Magistrate: I was thinking that, myself.

8. SUBSCRIPTION.-The annual subscrip tion shall be fifty cents. Special dona tions to the Society will be gratefully acknowledged. The financial year shall extend from 1st August in one year to 31st July in the following year.

Mr. Brutton: My friend should look 7. OFFICIALS. The officials of the Society up the definition of a dwelling house. shall consist of a President, two Vier Mr. Nash: in Hongkong, it is easy Presidents, an Honorary Chinese Secre to deliac, because the P.W.D. issues 1tary, an Honorary English Secretary, an certificate. The Ordinace corresponds Honorary Treasurer, 171 Новогагу with the English Act and the latter Accountant, four members of the Chine makes it clear that it must not only be Pub

Publicity Sub-Committee, (the Honorary dwelling house, but it must be a Chinese Serfetary acts as Chairman to

this habited.

Sub-Committee), four members of the English Publicity Sub-Committee (the onary English Secretary net as Chair- man to this Sub-Committee), the Chair: maa and ten members of the Lecture Sub- Committee, and the Chairmin" and ten members of the Investigation Sub-Com mittes. The Executive Committee has the power to increase the nuruber of members of the various Sub-Committees.

The Magistrate decided to hear the evidence and see whether bronking in, with intent to 'commit a felony,' proved.

17

Was

Mr. Nash also pointed out a further defect in the charge; this was amended, by the addition of words, and the Court was, at last. ready to hear "the case opened.

WHAT IT WAS ALL ABOUT.

8. EXECUTIVE COMMITTE-The Exccu- tive Committee shall consist of the Presi- dent, the two-Vice-Presidents, the Chair Honorary Treasurer and the Honorary men of the various Sub-Committees, the Accountant. The Executive Committee has the power to increase its number and shall meet at least once a month,

It appeared that the defendant was a cinema operator at the Taiping Theatre, Yaunti, conducted by Hongkong Amuse ments, Ltd.

Just after midnight, or August 13th, he was sitting with other members of the staff on the kerb outside

3. ANNUAL MEETING The animi, meet- the theatre, resting after the evening ing of members shall be held not later performance. He left them, got a ladder than Uctober every year for the purpos Bet it to the window of the operating of receiving the Executive Committee's. box, entered the room had came out report and of electing the officials of the

ions made no comment and thought no 10, more of the incident until next day when it was discovered that the electric wires had been disconnected from the moving picture projector. The next show was ten minutes late in consequence of the interference with the wiring.

statement the Court retired for a few again five minutes later. His compan- Societ?ORDINARY MEETING.-In th

по

Flight Lieut. Hervey, in this letter; Captain Bleckly replied that declared that he really could not see particulars whatever of Flight Lieut. the object of the interview." I should Hervey's military service were avail- probably," he said, "say things to him able, officially, but he handed the Pre- that I might afterwards regret." Hesident a number of certificates which described his position here na being very showed that the accused had done good much the same as that of an employé in a service with the R.N.A.S. as Flight business firm without an agreement. Lieutenant and" Flight Commander. "Had" the Air Ministry played the The Court then closed to consider its game

the letter said, in conclusion, verdict, which will be promulgated in I certainly would not have taken this due course. step. As it is I consider that they have anly themselves to blame."

On June 25th, proceeded witness, he ANOTHER KOWLOON HOUSING ordered the accused to report at "the G.O.C.'s Office at noon," on June

M

8th.

you

SCHEME.

LAY

The defence was not disclosed but the entry was admitted and the cross-exa- mination indicated that the operator got through the window-the door being locked-toget a towel, or article of clothing, lelt inside.

MORE LEGAL DIFFICULTIES...

Before the hearing concluded for the day, the dwelling house" difficulty was discussed again.

Mr. Brutton said that a fair had been held to be a dwelling house.

The Magistrate A caravan?

event of any important matter arising. the President may, subject to the approval: of a majority of the Executive Committee, convene an extraordinary meeting of inem- bera of the Society, ad, in the event, of members requesting the President to can- vene an extraordinary meeting of mem- bers of the Society, such meeting shall be convened if the requisition is signed by at least one-fifth of the total number of

embers of the Society.

11 NOTICE OF MEETING.-Seven" days' previous notice of the annual and for extraordinary meeting of members shali be given.

12. TERM OF OFFICE-The officials of the Society shall hold office for a year, after which they may continue to serve if re-elected,

13. Quonus of MEETINGS.--At a meet-

Mr. Brutton"No, a fair that is in ing of the Executive Committee, the pre-

a. permanent building. This is a per-sence of balf its number shall form a

Mr. Nash No, the servants' quarters are disconnected.

The order was sent by registered post 42 FLATS ON CHATHAM ROAD. and there was proof of delivery. Flight Lieut. Hervey did not turn "upy but on We learn that Mr. M. J. Patell has

manent building. It is also a dwelling the following day he sent a letter expurchased the property at Kowloon now pressing regret for his non-appearance occupied by the Officers of the 22nd Fun-use the servants of the theatre live and explaining that he was absent from Road, overlooking the harbour in the

there. which has a frontage on Chatham Hongkong at the time.

"No doubt," the latter rend, direction of Lyeamun, while on the enst have been informed of the reason for my and west sides it is bounded by Granville present altitude. I am sure that if my and Cameron Roads. The property con- fles are carefully gone into it will be sists of Kowloon Inland Jete 638 and 337, seen that I am in the right." After re which have a combined area of 52,000 ferring to his private finances Lieut. intends to pull down the two houses at

square feet.

Mr. Patell, we understund. Harvey want on to state that the present standing on the tots, and to build service has no use for officers who are 14 three-storied houses, making in all 42 about to go bankrupt."

flats, constructed on up-to-date American lines,

“SUBJECT TO MILITARY LAW.” Lieut. Col. Nicholson produced a copy of a War Office cable which declared that the accused was subject to military law under Army Act...

Lieut. R. A. Denne, of the 2/Wilt shire Régiment, also gave evidence. He said that he was attached to the Head quarters staff and worked in the same office as the accused. Ele had not per sonally seen the latter there since June

SPORT.

BASEBALL

The Hongkong baseball team will play the Nippon pine, at Happy Valley, to bolstered up their team, and, from the morrow afternoon. The Japanese have way they looked during their practice last night, they will certainly make the Hong kong team extend themselves in order to bring home the bacon." Giving evidence on oath, Flight Lieut. and because of the interest that has been The game will be called et four o'clock,

Mr. Brutton said that if the quarters wure under the same roof as the theatre his point would hold good.

.-L.

The theatre fokis, however, were re | called, and said the quarters werd

by turns, at the theatre. across the way but two of them slept,

Then the Magistrate had another look}" at the Larceny Ordinance "af 1885 and pointed out that it would not do to bring the charge under, Section 30 be cause that only dealt with "breaking out of," not "breaking into." Further, more, Section 42 would not meet the case, because that was only "entoring " without breaking."

ordinary meeting, the presence of forty, quoram. At an annual and/or extra- members shall form a quaram.

14. ALTERATION OF RULES,No, rule of the Society shall be repealed or altered.. or any new rule made except by resolu tion carried by a majority of at least two-thirds of the members present at an extraordinary meeting of members daly advertised and convened for the purpose.

WHEN 18 A BURGLAR NOT. A BURGLAR? The Magistrate: There is practically no evidence that any window was forced open. If a window is open, it is not burglary to enter through the window.

Mr. Bruttoa: The window was tightly closed; it is entry if you have to open

window which is closed. After debate as to whether "window" Mr. Brutton: You see what an extra included door Act uses the term enclosed premises," door (and/or window) was (a) ajar, (b) ordinary Ordinance it is! The English the respective legal positions when a and as to what were

but enclosed premises" are not men latched and (e) locked, the Magistrate tioned in this Ordinance. Our only said he would hold over the case, until chance is to bring it under "enters any Monday, to look into, the law, and be dwelling house."

would be glad to be addressed further on The Magistrates Why not Section the matter, then. Hervey said he was demobilised from evinced among local followers of the two 451 the Air Force in March, 1919, with tho teams, it is certain that the largest crowd

Mr. Nash remarked that the funda Mr. Brutton But that says, after mental principle was contained in the rank of Major (now termed Air Squad of the season will be there to watch the "dwelling house" church, chapel, English Jaw on the subject. ron Leader), shortly after returning from Constantinople. He was asked in contest. The management of the Hong-meeting-house, or other place of divine The Magistrato: Yes, the fundamental

Į kong team has made arrangements for worship!" · October, 1919, if he would consider reproviding chairs for the spectators

(Cantinued at foot of nezt volumin.)

THE - DEFENCE,

principle is protection of the maxim, An Englishman's home in his, castle..

LANE, CRAWFORD & CO.

HARTMANN

DID YOU EVER

YOU

LOSE YOUR TEMPER WHEN HAD TO DIVE TO THE VERY BOTTOM OF AN OLD FASHIONED TRUNK TO GET WHAT YOU WANTED

"

OWNERS OF HARTMANN

NEVER HAVE THIS INCONVENIENCE, IN FACT MANY PEOPLE USE THEIR HARTMANN THE YEAR AROUND AS A DRESS CLOSET.

LANE, CRAWFORD'S SOLE AGENTS.

DICK'S

PATEN T.

UNIVERSAL PACKING

STEAM & HYDRAULIC

SOLE AGENTS:

LANE, CRAWFORD & CO.

Tel. 1741.

COLLARD

AND

HONGKONG.

COLLARD

PIANOS

UPRIGHTS & GRANDS.

SOLE AGENTS:

ANDERSON'S

W Powell L

TELEPHONE 3146

TAILORING DEPARTMENT.

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