THE HONGKONG DAILY PREMA THURSDAY; FEBRUAKY+ 23xD, 1993-
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(SAVORY THE CHIEF JUSTICE (SIR WILLIAM XLES DAVIES).]
"1
(BEFORE THE PUISKE JUDGE (MR. JUSTICE GOMPERTZ)}.
THE KWANESI BANKNOTES CASE.
FULL COURT JUDGMENT AGAINST THE DEFENCE.
FOOTBALL.
SERVICES DEFEAT
Remedios, the Shanghai
ATTACK ON A EUROPEAN LADY.
The February Criminal Sessions oponed Shan Faa, a cabin boy on board the
given plenty to do in the match on the at the Supreme Court yesterday morn Empress of Australia, was indicted
Club ground yesterday, and was beater Judgment was given yesterday after by the Services five times. In the two ing. There were twenty-on cases on the on two counts, the Brst of wounding Mrs. list for trial, an unusually large number, Irmo Irene Stewart Moore with intent to noon in the Kwangsi Banknote forgery Irevious games the Shanghai custodian and both the Chief Justice and the do her grievous bodily harm, main, dis case certain legal points arising which had not been extended owing to a sound Fuisus Judge are likely to be kept busy figure, or disable her; and further with were subsequently argued before the Full defence and also to a not formidable for a few days,
maliciously wounding the same lady. Court consisting of the Chief Justice" (Sir attack. A alight rain fell throughout the The Jury was as follows:-Messe. A. William Rees Davies), and the Puisne match but the uncovered stands were coin- G. W. Ogilvie (foreman), P. A. Xavier Judge (Mr. Justice Compertz).
fortably filled, the majority of those pre-- The Chief Justice delivered the follow ant being service men. Piquet. M. Wong, A. Carmichael, A. Germain, C. H. W. Kew, and Roberting judgment:--
+ A loud cheer Taylor.
POSSESSION OF ARMS.
A Chileso, uamed Kwok Kwai indicted for being in unlawful possession
of three pistols, two revolvers, 53 clips, and 687 rounds of ammunition on board a fishing boat which was found lying off the island of Sai Kan Ying Chau ou the
17th inst.
1
went up when Lieut.
As regards the Brse count in the indict. tent I have given orally my reasons for Jones scored the first goal against tho holding that it cannot stand. It is un- visitors and again when Hudson beat necessary to repeat them and I think the Remedios from a penalty kick, awarded conviction on the first coat should be quashed. As to the second count it against Wilson for aids. The game was charges. the accused with forging inst, but favoured the Services who were" certain documents to wit notes purport playing excellent combination. "The in- ing to be one dollar notus of the Kwangi terval arrived with the Service leading
Bank" with intent to defraud. This count is laid ander section 8 of the by two goals.
Mr. Dyer Ball prosecuted on behalf of the Crown. Prisoner was undefended.
Outlining the case Mr. Dyer Ball snid that Mrs. Moore, who was a curio store attendant or the Empress of Australia, The Jury was as follows: Messrs. 3. shared cabin 310 on D deck of the ship L. Hidden (foreman), W. S. Drake T.with a Miss Monica Houghton, a book E. Parsons, M. A. Gomes, J. C. Botelho,stall attradant on the vessel. At about
"Ordinance whien constitutes A nis From the restart the Servicea took up P. R. Glendenning and K. M. Fitterley ave o'clock on the morning of the 8th demeanour the forgery of any document the attack and for the first ten minutes!
is a" not MF, H. K. Holmes prosecuted on be inst., she was awakened by the sound of which
made felony urder half of the Crown, and Mr. Campbell the door being opened. At first she merely the other sections or under may the ball was in Shanghai territory. After other enactment for the time being this. the game levelled up, and the Prosser appeared for the defence.
thought it was the cabin boy who had in force, if committed with intent to defence on both sides was good. Shang- Mr. Holmes, outlining the case, stated come in rather earlier than usual. Heir-defraud It is clear therefore that the bai reduced their opponents' lead, follow. that on the day in question Inspector ing no further sound for some seconds suction is intended to bear a wide con-
struction; it reproduces common lawing good work by Dailey who sent thu Bloor, who, was in charge of the Ching she became suspicious and switched or forgery and it contemplates the forgery ball over to the left after getting the Chau Police Station, in consequence of the light. Prisoner was crouching at the of any document, which is not otherwise
Brodie promptly re- information received, went out to the foot of the bed with a long-bladed provided for in the Ordinance, provided better of Boulter:
the intent to defraud, is established. turned to the center when Goldman beat island in & pan in company with two chopper in his band. She screamed and Now the evidence shows that although Townsend with a high shot. The Services, Chinese coustables and an Indian. They started to get out of the bed, and the the Bank of Kwangu is for the time came quietly alongside the fishing bost prisoner went for her with the chopper, being non existent the notes or documents with two to one in their favour, put on were at one time exchangeable for silver pressure and Jones receiving from Hood and told the cocupants to get up on deck Miss Houghton awoke, and jumped out of and are still passed in the interior, again beat Remedios. Soon afterwards with their hands above their heads. Fri. her bunk, seizing prisoner from behind obviously relying on their prospective Jones scored a beautiful goal Turning
civilian clothes. !
day.
དྷྭ:
22
Linesmen: Messrs. Hollands and Wil liams.
soner, in company with another man made in an attempt to prevent his doing any value in the expectation of a future
The damage. He struck at Mrs. Moore and, Kwangai Government. This evidence pre about with the ball at his test he gava an appearance, and was arrested.
sumably satisfied the jury in finding the Remedios no chance with a well directed though she put her arm up to ward off intent to defraud. Now forgery is do shot, bringing him, well merited applause boat was searched and the arms and the blow, the chopper descended on her fined as the making of a false document from all directions. Shanghai were out ammunition "found" on board. Prisoner
head inflicting a nasty wound, and, in order that it may be used as genuine to reduce their opponenta lead, sad was the owner of the fishing bout:
addition, cutting her arm, A furious section 3 (1)ad a document is false Dailey getting down on the right sont the if it purports to be made by a person ball over and Johansson flashed it past Inspector Bloor gave his evidence in struggle took place between the ladies and who did not make it section 3 (2) Townsend. This spurred the Services to the prisoner, and all the time he was The forgery of a document may be another fine effort, and, Hood receiving Mr. Holmes explained that the reason slashing with the chopper. Once he hit complete even if the document when from Jones returned across the goalmouth for this was that the inspector was going an enamel bedstead with such force as to not purport to be such a document as goal. Shortly after the whistle "sounded forged is incomplete or is pot or does when Darlison scored the Services' Afth home on leave that same day, His Lord- take a piece out of the blade. He took would be binding or sufficient in law for time the Services winning by five ship wished the Inspector a pleasant holi-Miss Houghton by the threat, and threw section 3 (3)(b). Then, to defer for & goals to two.
her to the floor, but she rose and con word "document," the verdict of the
moment the question of the meaning of the The teams:- Defendant went into the witness-box tinued the struggle. Twice they managed jury implies that the documents were SHANOHAL.-Remedios; Wilson (cap.) and stated that the arms, rte.. were to get the door open, but twice the man false in the sense that they were not made and Ollerdessen Knight, Butler, and thrown on board his sampan by a closed it again. At last, however, the by the Kwangsi Bank who purported to MacDonald; Dailey, Phillips, Goldman. number of armed mon in a larger boat fourth officer, Mr. Gerald Clarke, who make them, and further that they were Johansson and Brodie,
made in order to be used as genuine. SERVICES.Townsend; Wynne and than his. They threatened to kill him it was sitting reading in his cabin nearby, Then as to the question of the worth of Boulter: Newton, Hudson and Lellintt; he threw the arcs oterboard. His ordi. beard the sounds of the struggle and the documents at the present time owing Millar, Rawlison, Jones (capt.), Hood and nary occupation was that of a fisherman came to the cabid. He had to force his to the non-existence of the Bank, it seems Weymss.
Referee: Mr. Smith. Mr. Campbell Prosser,, addressing the way in, and then he grappled with the that the forgery may be complete although the documents would not bind prisoner and overpowered hicz. Be took the Bank in law: section 3 (2) (b). Now Jury, said though the prisoner's story
him along the corridors, struggling all Mr. Zoitlyn argued that the documents might seem a little incredible at first yet the time, and put him in charge of the must be effectend before forgery can lie, when it was closely examined it a watchman.
and that the documents are peared to be rather more feasible. 'It Tho' prisoner, Mr. Ball continued, was nullity as the Bank has ceased to exist, might be said that if the story worn true, at the time employed as an oficer's "boy" and he relied on certain authorities in on the Empress of Australia. Some six support of his contention. Those author why did the prisoner not throw the arms weeks ago, however, he had been employ. ities are, I think, based on specific statutory overboard, or take the arras to the police, ed to assist a stewardess, Miss Marion provision and have to relation to the The answer to that was that prisoner's Isabel Kerr. She had found his work un-extended provision of section 6. 1 con sampan was numbered anil the men would satisfactory, and had him put on another, strue that section in the most comprehen- -possibly not such a comfortable,sive sense without any such restriction, always know where and how to find him, position, on "the ship. It was possible but I think that section 3 (3) (b) to which ed at the Victoria Recreation Club last that the prisoner would plead that he had I have referred read in conjunction, with evening between the billiard champions of Hongkong and Shanghai--P._A, The Jury found the prisoner guilty, mistaken the cabin and attacked. Mrs, section 8 is in any event an answer to Yvanovich and R. C. K. Johnston. The Moore instead of Miss Kerr, against whom the argument that the documents must and a sentence of five years' imprison he may have nursed a grievance. It was be of some inherent value. As to the Shanghai-champion won with 99 to the match was played in two sessions of, 500 in each sessina. mont was passed. His Lordship remarked interesting to note that on that particular construction of the word document" good that there were a large number of people might Miss Kerr had changed her cabin, Best says at p.200. The remaining in Johnston was the first to reach the 500,
and moved to one in an exactly corres struments of evidence in the Colony in pesussion of arms who pending position, but on the other side under which torm are properly included his opponent registering 405. The Hong- had no right to be armed at all, and the of the ship to cabin 310. Formerly she all material substances on which the kong man played mostly at the top of the problem was one which had caused a occupied a cabin opposite cabin 310 in thoughts of men are represented by to his old game of playing the fosing the same alleyway. Mr. Ball pointed writing or any other species of conven considerable amount of concern to the out that the prisoner might plead than tional mark of, symbol,” As to the term hazard and towards the end of the intel he had made a mistake, but this was no kins T in Regina Riler 1999 1 Q.B. consistently throughout and ran out with instrument see the language of Haw had reduced his opponent's lead from 200 to one hundred. Johnston played excuse for an acquittal."
Evidence was then taken bearing out
a break of 20 odd Counsel's statement."
There can be no doubt whatever that Johnstone's principal breaks ware: 48,
document." the subject matur in question is "a0, 44, 35; 70, 30, 31, 39, 35, and 33.
The verdict of the jury on Yvanovich's best efforts were: "44, 31, this count must stand.
34, 30, 40, 47, 30 and 52
should they wish to murder him.
authorities.
BANK CLERKS' THEFT.
and was sentenced to seven years hard Prisoner, however, put up no defence, labour.
POSSESSION OF ARMS.
Lai, Fo and Lai Sap Ng were indicted foy being in unlawful possession of 29 Mauser pistols and 1,900 rounds of am- munition.
ab 314.
a mera
are Documents,
...4.
The Shanghai team leave the Colony at 12 noon today by the Espres of Russia
BILLIARDS.
HONGKONG AND SHANGHAI CHAMPIONS MEET,
A billiard match of 1,000 up was play-
The
table. In the second half he fell back on
DR. SUN TAT SEN
DEPARTURE FOR CANTON:
Two Chinese back clerks formerly on ployed by the Bank of China were indict ed for stealing valuable. securities, viz.,
The Puise Judge, in a written judg On the previous night the Shanghai drafts from that bank. Eight of the
ment, said that on the first count (forgery champion was defeated in a. game of 500. of valuable accurities), he was unable to up by Osmund by 170. | drafts were for $3,000 eachí, and one was
find on the notes any promise express or for $10,000. They pleaded guilty."
implied to pay cash. There was evidence Mr N. K. Holmes, prosecuting for the
that at one time you could get sliver for these Kwangsi notes, but his honour was Crown, stated that the first prisoner,
Me, HK. Holmes, the Crown Solici. not entisfied on the evidence before the named Wang U-chi, received the drafts tor, in outlining the case, said that at Court that payment could be demanded in their separate registered covers, I about 10.15 p.m. on the 30th January as of right. It might be that this was Dr. Sun Yat Sen, who during his was bis duty to paar them on to another Sergeant Carey was on duty in the so, and that in the course of business the sojourn of four nights and three fall days. typhoon refuge at Taumati. He was innotes were regularly cached on demand; in Hongkong, has stayed at the residente department, After first entering them up small rowing boat, and had with him but there was no clear evidence of this. of Dr. Yeung Sai Ngam, No. 9, Conduit in a book. He did not do this, but went to Chinese sailors. He noticed cargo
*** The Attorney-General agreed with me Road, left for Canton by the afermer to the second prisoner, Yeung Udong, and boat lying alongside a number of others at the end of his learned and interesting Haungakan yesterday morning. There
with a very bright light at the masthead, argument," his Lordship added, "that was a special police guard on duty a obtained from him the chops neces man was standing underneath, and the finding merely, that the notes were at the wharf, Mr. P. P. J. Wodehoum, sary to stamp the documents before they police officer saw him cross over two junks ong time available for the payment DSP boing in charge of the policu could be cashed Yeung U-tong cashed to another cargo boat, built with & hood taxes was not enough, to constitute them arrangements. There, was a large creed "eight of the draft and the other mah
on the lines of a sampan. The argeant securities for the payment of money of Chinese present to witness his depar wont over to the boat and climbed on under section (2) of the Ordinanes, ture. Dir Sun's party numbered appr cashed the sinth. They then made their board. Looking through the hood he further than this without considerable public holiday had been declared at. cannot on the evidence carry the matterently about seventy or eighty persons? A way to Singapore where they were ar saw the first prisoner in the stern with debt. On the whole, therefore, I think Catton in honour of he return; and 'x Frested...
a filled sack by his side. The second that the conviction on the first count public welcome had been prepared for Mr. F O Jenkin, counsel for the de- prisoner was sitting on the floor of the must be quashed." On the second count him
hont, over, a hole where some planking (forgery of documents) his Lordship said feace, azked that his Lordship reserve had been remove The sergeant went he had little difficulty sentence on the prisoner till the end of over to him and fell into the hole. He been informed that though the Kwangsi the Bessions, as he understood they could recovered himself and saw the first defen bank which issued these notes had closed Following upon the decision of the Full give valuable aid in tracing, and regain. dant push two sacks overboard, and the its doors and was not doing business, and Court the two prisoners were again ing a large part of the stolen money. other man push his sack over. The water that a Hongkong money changer would brought before the Jutge in Criminal
This course was agreed to...
was immediately dragged and the Banka give nothing for the notes, yet the Court Bessions, recovered. They were found to contain had been informed that people in Kwangs Before the Putane Judge passed, Ben- the arms and ammunition.
still tracked in them, in the hope that sence, Mr. Zeitlyn pleaded for ledienty
RETURNED FROM BANISHMENT.
Bda Ya Man, alias Li Tam, wae in dioted, for having returned to the Colony
The Court had
Mr Campbell Prosser, defending, said there may yet again be a Kwangs for the prisoners. He pointed out that he had to offer the old excuss that the Government, their value in this traffic they had been invogled down from arms belonged to some one else. Frison being about el cents to the dollar. His Canton on the promises of the man Phon of January 27th from banishment ***** ers were merely acting as carriors, He Lordship aid he was mulafied that these who was in charge of the whole thing. Hi Lordship read the man's rocord remainded. He Lordship, that they had notes were document within the He had agreed to pay the musi which showed that he had bood banished already received sentences in connection meaning of coction (1) of the Foreign ficent salaries of five dollars a month. from the Colony for ten years in 1918 for with the Anding of opium in the same Ordinance. The word in his opinion was but they had not received this" aum, theft The soutose. His Lordship cooks, and for this reason be asked for nad in the section in the widest sense for they were arrested before the month tinued would be a lenient one, the reasontiniency,
It therefore followed that the conviction was cut. In addition to that they had being that he hoped the man would not The first prisoner was sentenced to five on the second count, was right and must been in prison eror since November
His Honour passed senfade fro return again Els would go to prison for year Imprisonment and the second pri. be adfirmed. truire months.
lyokra imprisonment on enclipfisdier- moner, to two years,
(Confinxed at foot ofgezť
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