1923-05-30 — Page 5

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OPIUM SMUGGLING MORE ABOUT THE "EWO" CASE.

WHAT IS MEANT BY THE TERM

EXPORTATIÓN, •

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But the

HONGKONG DAILY PRESS WEDNESDAY, MAY 90TH, 1928.

CRIMINAL SESSIONS...

[BEYURE THE CHIEF JUSTICE (SIR WILLIAM REEN DAVIES).]

A KIDNAPPING CASE

A Chinese natard Chan Sau, add his

aapping a little boy at Yaumati on the

4th April

Mr. H. K. Holmes prosented on behalf

THE SWEEPSTAKE DISPUTE.

CONTINUED AT THE CHINESE CLUB.

The arbitration at the Chine Chib is connection with the dispute over the winning ticket in the Chinese Club Sqoop-

Derby, was continued yesterday evening. The rival claimants are Chik Soung Sing," And Mrs. Violet, Chau, The „former is

represented by Mr. C. G. Alabaster. K.C.. and the latter by Mr. Elseley Zeitiyu."

Mr. Alastor, it will a remembered, commenced to address the court yester-

day.

Beforo Mr. Alabaster continued his

previous successful ventures, Ordinance did not only deal with the guilty owner; it also dealt with the com pletely innocent mau and the owner who had probably been careless in taking precautions against smuggling. According The case in which Messrs Jurline, to the original Ordinanes, the Magistrate Matheson and Co. Fid., are prosentek for having lived the Indo-China .. fine of $5,000, but under the later

was not obliged to impose the maximum / wife Lai Fo Mui. were indicted for kidstake on the result of the Hongkong | Leong Sang to be used for the purpose of Ordinates & fins of ten times the value of conveynuce or exportation of 300 tuels of the upium found could be imposed. Tha prepared opith came up for further lay Magistrato could take into gensideration of the Crown. He stated that the child Sag at the Magistracy, yesterday afterhoon, the actions of the owners ami he could lived with its parents at No. 2005, Canton The optam is valued at $7.950 and underį mupose a fine which would iniluer them to Road. Yannati, The two prisoners liver the ordinance, defemtents are inble to a be a little more careful, but if the owners in the same house. On the morning of the ne of ten times that among The con were taking all reasonable precautions, 24th April the child was playing in the The woman traband was found conerated in a crank then no other ins could be imposed, except street with other children. shaft pit of the engine room by Retine the usual soningi fine of $1. Mr. Led and her husband were there, and she address, the Chairman, at the request of Officer Lannigan and the contention of tho had admitted in cross-eganituation that if bought the children five cents' worth of the Committee, announced that in future, A little girl who was playing dy person who was not actually connected prosecution is that the Company, failed to the opium had been found and handed piums. Jake paper precalations to prevent the over there would have been no privatnih, with them, and lived in the same house with the case would not be admitted to

opium being brought on board.

In this rase they were admitedly innocent sho" sent for some beef. When the child the proceedings, unless they had special Mr. J.

D. Lloyd," Superintenfout of of the sinüggling, and if had been proved returned the two defendants and the

permission from the Committee of the Imports and Experts prosecured, and that they were diligent, which only went little boy had disappeared. This was the Club. The rule would not be enforced. yesterday he was supported by Mr. T. M. to show, as lo staờngly submitted, that a last seen of the three, until, on infor-that night, but would be to-day. Hazlerigg, Assistant Crown Solicitor. Menoznital fine was the only fine that couldmation revived, the police went to a small. Ainbaster then went

on with his restaurant of West Point. Here they case, dealing chiedy with telegrams and E. Davidson appears for the defence. be imposed in the case,

As all the evidence had been taken at Continuing. Mr. Davidson said that ir found the man sitting down, and a few

correspondence. previous hearings. Mr. Davidem, yester was a curious fact that the Revenue yards away the woman was lying on the

The first witness called was Mr. Phillip day, in an address to the Court, said he Authorities never informed a ship ownered with the child by her side. The

derstood from Mr. Hazlerigg that the that spium was going to be placed on his prisoners were "arrected by a Eurejonn Wallace Goldring, the Shanghai solicitor to upon whom Chik Soeng Sing called after prosecution was asking for a conviction ship, but instead, they waited until i sergeant. on the grounds that an retonnable proeau was placed on board, and then they scized Yaumati, and they boarded a team-car hearing that his ticket, which he had tions were taken by the defondants. it and the owner was fined. No douthit for this jacpose. On the way, close to the allowed to pass ont of his hands, had won Referring to tie Distinance, under which this was done for perfectly good reasons, Centrál Market, the inan jumped off the the sweep.

The sergeant gave

Mr. Goldring told the Court that Chik the prosecution had been brought, Mr. and he was not going to suggest that is ear and ran away. Davals said it was made to prevent was dine for the sole purpose of proscrui-chase, and the prisoner was stopped by Song Sing came to hit late at night He was extremely people doing what any very muel: wanteding the owner. All he wished to point a Chiness detective in Bonham Strand the 2nd March. to de-sungging opium- and unsequently out in this case was that his clients were Charged at the Yaumati Police Station, excited about Ticket No. 2008, which, ha i had been the gaperiance of most innocent.. At the commencement of the the man said: "I wished to keep him told witerss was the winuing number in countries in their efforts to suppress case he took the precaution of asking as my son. I did not intend to kidnap the Chinese Club Sweepstake at Hong- shuuggling that they had to be very drastje Mr. Lloyd what fine be woak! suggest him. The woman also made a statement, kong. He added that he had already in dir legislation. The loend Ordinance, would meet the case, But he could not to the effect that she did kidnap the boy

handed his ticket, under a misapprehen- was very detic. 7t throw the ouas on He could not say, for very good because she wanted to keep bini' as bersion, to Mr. Quinn, and was unable to find hinz Witness told him to come the the defendants - and they haul to prove a prasons. The only possible juo was n She had no idea of selling him. megative in a difficult kind of way. The nominal fine of one dollar, otherwise his At the Magistrney both male different day. He later had an interview with --Ordinanco might operate harshly on Worship was at sea'

statements. The man said he had no in- Mr. Quian, when the latter said that the individuals.and.in view of what they know

The Magistrate pointed om hat the tention of kidnapping or selling the child,ly ticket he had from Chik was 3976, which he produced. Witness comtraunicat of the ease, it might operate harshly on Section might have sons bearing upon and he nieant to take him back to his his clients. As the result of careful the shipowner for the misdemeanours of parents. The woman said she often tooked with Messrs. Lyson and Hall at Hong- examination of the Ordinauge he did nos his crew. One of the objects of the the child for walks, and once she took og instructing them to get payment of

the prize money stopped. proposes to euntend thas the language of legislation might have been to ensure that him away for as long as ten days. No- the Ordinance would not bear the meaning the shipowner regulated the behaviour of thing was said or dune then. that a ship lying at her buoy was not being the crew.

Evidence was then called in support of qued for the exportation of opium. Hej Mr.Davidson; 1 quite agree, but if that the Crown Solicitor's statement.

wald show that the Ordinanca awold') is the case why not have the fius fixed, more easily bear another interpretation Why not have a minimum fine instead of which involved the acquittal of the a maximum. Bo`added that the Ordinance Slefondants in the case. He thought they by stipulating a maximum as might a

had right to rebat the case for the in the Court vonsidering a fide which would satisfy the Crown and at annoy prosention

Siy

the defondant, -

The Magistrate said that what he had r mind-if it came

to that was the imposition of a time which would lead to the prevention of this sort of thing occurring again. “

$91.

The latter took them

Mr. Zeitlyn, cross-examining the witness, referred to his interview at the office with Quinn. He asked:

#

When you told Mr. Quinu. what you The male prisoner denied knowing any- thing about the affair. He alleged that were instructed to tell him, what was his

was at Canton part of the time the demeanour ?" little boy was said to be away, and he

Ha was very angry, and in a very bad What I would call aggressive, only returned on April 30th Tait temper. evening he and his wife went to the West in fact, J'oint restaurant to Ait down, before] And if you had not len so inpressive taking the boy home:

The would have punched your head. He

was very indignant was he noti

Not Tudignant,-aggressive. Did he say it wits a damned lie"} He said he was going to sue Mr. Chik and me for slander,

The woman vehemently asserted that her hushand knew nothing of the affair. Shi added that she had no intention of keep ing the little boy. The whole prosecution was, according to her, a malicions que, inspired by the parents to get her and her husband put into gaol. "I never dreamed the woman had so much evil in her," prisoner added.

The Magistrate; By any means?" Mr. Davidson; Yes, by any means. Contioning, Mr. Davidson said he would yebut the ease for the pecution by showing than they were never engaged in exporting opium at all, and that the ship was never

s for the exquariation of opium. Thei My Davidson; Suppoằng the owners ship was a material times moord to her are admittedly innocent, what fine would boy and never moved. He contended, prevent a repetition of the offence! that a ship at anchor could scavely be don't think the greasers, stokers and fire called a ship. In such cases a ship was will be very much concerned, and it more commonly known as a bulk. To the is doubtful if they will mend their ways. ordinary person the Ordinance read that do not think the owners could be any guilty. ahe was being used for the earringe of more diligent ban they have been. .opium.

The Jury brought in h verdict of

Did he say it was a "damned lio " I really don't remeher.

As a solicitor (continued "Mr. Zeitlyn), you knew something of the shady side of business?

Well, we all do.

His Lordship, addressing Lai Fo Mui,

When you saw the name on the ticket Mr. Davidson said he had only ofsaid: You have done all you can and it appeared to you to have been

Mr. Lloyd had further remark to make.

in fresh ink. ("And with a 'different But you," nis Lordship continued number" interpowd witness) and stated that the case was important bet your husband out of trouble,”? cause the Opium Conference was taking place shortly and Bishop Brew was the turning to the man, "you are a coward with a different number, continued Mr. American delegate. His comment on this Without saying a wond, for your" wife, Zeitlyħ, 'you, with your professional ex was that he did not think his clients you have allowed her to take all the blame perivace of the shady side of life, thought ould be fined simply because there was an for a crime in which you were equally it was a swindle) - Opiam. Conference on..

#

Duke

yours

"ramp."

The section of the Ordicance read; "No ship shall be used for the landing, "-earringe," einveganer, importation of ex- “portation of opium.” It was not sufficiens to prove that the opium had been found in an idle ship auil, whilst a ship was in port. they could not prevent people bring

guilty. If I thought I were justified I Witness replied: Very luctantly I) ing the mpium on board. Mr. Davidson,

the more severa | concluded it was a Mr. Hazlerigg, in the course of his should therefore, thought that the Ordinans address to the Cour., said the question sentence of the two. As it is, you will

Further cross-examined, witness said contemplated that searches should be one of the precautions to be lapted by ship that the opium had be brought on board hard labour.

ares as to whether it had been proved both go to prison for three years, with Mr. Quinn's name on Ticket 2078 had, in owners. But even if the opiura had been

for any specific purpose. The Second discovered and banded over, the owners were still liable to be prosecut. He Engineer in his evidence had suggested submitted that the defendants should be that the opium might have been put ou

The previous day's case in which Ling then gave evidence of buying the ticket. lischarged on the grounds that ther had the boat when the vessel was in Dock last rebutted the presumption that the ship at June, but the idea that it had remained King and Chang Sing Piau were indicted He added that he was business manager

un the best since last June made it for assault and housebreaking in Sonof the China Specie Bank at Shanghai.

The "Court rose at a quarter to eleven: sufficient not to take the view into serious kunpo Valley, was concluded. Ling King consideration. By not taking a witter was sentenced to two years' hard labour and the case will be continued at six view of the Ordinance than Mr. Davidson on each charge, and Chang Sing Piau o'clock, this evening. had suggested the Crown would be de] was discharged.

the time that the opium was found on board was being used for the conveyance in exportation, of opium.

The Magistrate; I don't see why you should not say at onse that this Section

can be interprotted to cover any conduct af tim ship at her buoy,

His Worship added: Why not go further

prived of any hopes of ever securing a couviction for the exportation of opium.

his opinion. been written in within an hour of its bring brought to him by ASSAULT AND HOUSEBREAKING, Quinn at the Shanghai interview.

Chik Soong Sing, the first claimant,

It was obviously impossible for Revenue one that could not be found until after Officers to go on the ship once she was half an hour's search. The third point.

We understand that an action for likel

in connection with the above dispute has bernentered by Sydney Ng Quinn (other wise Ng. See Ho) manager af the General

and say that the Section ia not applicable under way. If they did not give a wider was that the parcel of opium must bave Exchange Co., Ltd., of 16,-lue Hous

to a ship at her hüpy.....

The Magistrate suggested that the placing of the opium on board was the first step in getting the opium away from the Colony.

meaning to the Ordinance it would be been bulky, and his fourth was that it difficult to say at what time exportation took something like half an hour to It would mean defining honocal it. The idea of somebody bring. ing the opinion board, "taking it to the commenced. werd expertation. Dick it mean from thengine room and concealing it a task time the ship left the waters of the Colony which took half au hur-without any

Street, against Chik Soong Sing

V.R.C. SWIMMING FETE: The first night swimming fets at “thỏ Mr. Davidson then went on to say that

ot from the time she left her boy1 The body ackicing it appeared to his find un-Victoria Recreation Club is advertired to he proposed to take the somewhat anusual course in addressing his Worship as to only possible means they had of finding reasonable. Some member of the crew be held on Friday, June it. Swimming will take place early in the evening, and penalty. The case, be considered, was of out these offences was whilst the ship was must have knows about it.

The Brunswick From the evidence it Regarding the penalty Mr. Hazlerigg dancing will follow. considerable importance to local ship-in the harbour:

said that his Worship must consider what owners and in some ways it would be seemed likely that an officer or member pretnutions were taken before the sailing Studio Dance Orchestra will be in attend- more satisfactory if by discussing the the crew know of the placing of the opium of the ship. There was only one other aner, and there will be swimming events point Mr. Davidson had referred to in open to Indies, boys, and · girls. Äl probabilities of a fine and, not much on board.

which chat the Revenue the probabiliting of acquittal shipowners. Mr. Davidson : I must protest against Uficers should see the pince it entries must be in to the Secretary (Mr. could get at the actual construction of the that. In that direction I must say that got on to the ship: The Revenue Officers B. C. Witchell) by to-night (May 20th), Ordinance. The object of the Ordinance. there is no evidence,

worked in eonjuntion with informers and Attention is drawr to the fact that in if this was done, and the ship's officers was obviously to make smuggling too ex- Proceeding Mr. Hazlerigg said the first informed that opium was going to be future the Club swimming bath will he pensive for ship owners and that was the point was that socks used for the opiam taken or board there would be a lakage open to lades, boys, and girls, and to the sole reason of the gigantio fines It was were found in the engine room." The of information and in all probability the Army and Navy" on certain days of the

search: would boneless.

werk. Particulars' of hours and other the obvions intention of the Ordinancosecond paint was that the place of con that the Magistrate should impose a fine coalrent was a very dificuls one to find; sufficient to swallow up the profits of any

(Continued at foot of next column.)-

comic Magistrat said that he would details are given in the advertisement

Tappearing in another column.

consider decision and the case was `ndjourned.

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