ID
THE CAUTIONING OF PRISONERS.
STATEMENT REJECTED BECAUSE RULES WERE. NOT FOLLOWED.
THE HONG KONG DAILY PRESS, WEDNESDAY, DECEMBER
JUDGE'S DECISION IN MANSLAUGHTER CHARGE.
The question as to whether a prisoner's statement, made at the Central Police Station before he had not been cautioned, could be admitted na evidence or not, was raised by Mr. F. C. Jenkių when he defended a Chinese, charged at the. Criminal Sessions yesterday with manslaughter.
Mr Jenkin submitted that the Rules governing the questioning of persons in custody, as to cautioning them before putting ques tions had not boon followed in the Srst- instance in this conse. Considerable arguraent followed, and ultimately His Lordship the| Chief Justice (Š3r Henry Gollan) decided to reject the statement. holding that, according to the evidence it had not been made voluntarily.
The case was one in which a Chinese was charged with the manslaughter of a Dairy Farm coolis, who, it was alleged, was pushed into the harbour following a fight on the Praya in the early hours of the morning by three men, who attacked him.
Interesting evidence was göten at the morning hearing by Dr. A Cannon, medical officer in charge of Victoria" Mortuary, who expressed the opinion that opium smoking tends to preserve a body after death.
訂
Mr. H. S. Fitzroy conducted the: (Mr. Jankiu) put it that the Chief case for the Crown and Mr. F. C. | Justice should exercise his disore Jenkin appeared on behalf of the tion in favour of the prisoner. It prisoner.
would have been fair, leaving the caution out of the matter, it Inspector Lane had imparted the prisoner some idea of the matter on which he was being interrogated.
The case was heard before Sir Henry Goldin (the Chief Justice).
Prisoner Fleaded Not Quity In his address to the jury, Mr. Fitzroy stated that the prisoner was one of three men who were a leged to have attacked the decensed man in the early hours of the morn. ing of November 18th.
The Chief Justice remarked that none of the rules said that, and Mr. Jenkin agreed.
PEAK SCHOOL PRIZE- GIVING.
DANCES AND NURSERY RHYMES.
AND A CHRISTMAS PLAY,
CRICKET.
AREWELL MATCH AT UNIVERSITY.
A match between University paat and present, students was played at the Union ground, Pokfulam, yesterday afternoon. Mr. Ponson- by-Fane, who is soon leaving the Colony, captained a side composed of twelve selected players against | a corresponding team captained by Mr. B. P. Ng. President of the Union in 1923. The former team
on by 6 wickets. During the tea interval a presentation was made to Mr. Ponsonby-Fane, a fuller ac- count of which is published else. where in this issue.
The end of term Prize Giving of the Peak School was held yester day at the Peak Club. Actually if was far more than a mere prize- giving, a large number of parents and friends being treated to Recitation, 4 Christmas Play Dances, and Nursery Rhymes.
After a short recitation to open the proceedings, a Christmas Fairy Play in several scenes followed. This was prettily acted with a com plete lack of embarrassment on the part of the tiny principals. Next came two really graceful little Mr. Ng's team batted first and dances" by members of Class 6, the were dismissed for 140 runs of which second of which we especially liked. the captain contributed 43, Lam, The Nursery Rhymes, there were one of the opposing bowlers, was about sixteen in all, were sung by in fine form with the ball taking Shioan MacKichan, and acted by 8 wickets for 69 runs. Mr. Pon- members of Classes 9 and 10. Out eanby-Fane's team pissed their op. of a big box,-possessing undoubted-ponents' total for the loss of ly magical properties, appeared wickets. The Rumjahn brothers such divers creatures as Little Miss were top scorers for the side, A, A. Muffet and the Spider, the Three retiring with 48 and A. H. scored Blind Mice. Jack and Jill and Four 30. and Twenty Blackbirds. The en-
Scores:- semble was full of pretty colours.
Among the enthusiastic nudience were Mr. A. E. Wood, Rev. E. Pearce, Rev. Hewett, Mr. and Mrs.
D. C. Wolle, Col. and Mrs. Tales Bell, Rev. H. Copies Movie. Mr. and Mrs. Hornell, and Rev and Mrs. Featherstone.
.
year
The Chief Justice continued that
The Headmistress' report of the quite apart from the question of a
year, read by Mr. Ralphs, rad sa caution was there nothing inherent follows: Medical Evidence.
ly unfair for a police officer to say Dr. Cannon,
that the to a man who had been arrested' stated
Raport For 1927. ATTENDANCE-The school primary cause of death was drownwell, what is this all about?” ing. He found no marks off Mr. Jenkin replied that a man
began on January 10th with 6 riolence on the body..
might be arrested by a police officer Pupils and closed on December Mr. Jenkin-If there had been 13 a suspected snatcher, and thend with 63 pupils. In April, there any marks of violence when the in himself knowing he had com- man fell into the water, they would mitted a grievans offepce night ad have still been there when you exmit to committing murder. amined the body I-Yes.
Li Sing. a cargo coolie stated that he was loading cargo on the Shekki junk when he observed a fight going on under the verandah" on the other side of the road.
One man was being attacked by three and he was knocked down close to the Praya edge. The men rolled him over and deliberately forced him into the water. He sank immediately and never again appeared on the surface.
Mr. Fitzroy: Did all three take part in the pushing † --Yea.,,
You
The Chief Justice wid: don't mean to say a frap was laid What you means to suggest is that in this case there was a misunder standing and it might have drawn
a intal answer from the accused?
Mr. Jenkin: Yes, My Lord: The Chief Justice commented that it was not the duty of the police to tell the prisoner what they knew.
Mr. Jenkin replied that the point had never been raised so far as he knew. It did seem to him, how ever, that it would have been fair to have given the prisoner some in- dieation of the matter on which he was being questioned.
The Chief Justice went on to say that it was a very serious question voluntary under the circumstances. as to whether the statement was
the
The Prisoner's Statement. An Interpreter who interpreted between the prisoner and Inspector Lane said that he did not caution prisoner and that the man's replies were not read over to him, and that
Mr. Fitzroy argued that he was not invited to sign them. “
Rules were not law. A voluntary Detective Inspector Lane was statement meant to say that it was, then called, and he said he was not made through either fear or called to the charge room at 2 a.m. prejudice, or by any inducement on November 18th, where he saw held out by any person in au- prisoner. The prisoner was taken thority. Unless those points were out of the dock when questioned.infringed there was no reason why Witness had not received informa, the statement should not be ac
tion from other witnesses.,
cepted.
Replying to Mr. Fitzroy, Inspec The Chief Justice asked why he tor Lane denied that any induce should ignore Rule 3 in this case. ment was made to the prisoner In The statement had been taken un regard to the statement..
der circumstances offending against Replying to Mr. Jenkin, witness that Rule. I have a gense of said one of the questions he asked caution," His Lordship continued, Was what is all this about.' "aad I should not depart from this Arising out of this eviolence, Mr. Rule which is supported by very Jenkin submitted that this part of many legal personalflies, and one the evidence (the admission of pri- which absolutely governs this case soner's statement in reply to ques Mr. Fitzroy having replied the tions) was contrary to the establish- Chief Justice said, it was quite ed rules, which although they didelear that the answers to the ques" not have the force of law were retion raised must be left to the dix garded as sound principles govern ing the admission or rejection of such evidence. They were firat pro- mulgated in 1912
Rule No. 3 stated: "Persons in custody should not be questioned without the usual caution being first administered.
was a large exodus of children to
England and America. The num bers thus decreased in the summer! term but by autumn the School was again well filled. The average at- tendance for the year is 51.
visited from time to time by Dr. linett and the pupils thoroughly cxamined. Very few reports of defects were made and with the exception of a few cases of measies in spring the School has been quite free of illness. Owing to the measles caser we closed 'school three days earlier at Easter to have it painted. These three days were made up by closing school inter for
HEALTH-The School. has been
the summer vacation.
changes in the staff save in the STAFT.-Therc have been no visiting Gymnasium Mistress. Miss Dyer went on leave and was re- Fear Thanks to Alise Jaques the placed by Miss Jaques early in the children now have organised games and net ball which they greatly
enjoy.
work has been done in all classes, Work-During the year good and the examination results have proved satisfactory, Fifteen child- ren were presented for the Royal Drawing Society Examination in June, with the following results: Honours 4, Passes 9
Regarding the prize list, I would like to say that all the tiny child- ren get a prize, which makes the rawards seem large in proportion to the number of pupils.
I would like to thank the Rev. M Copley Moyle for so kindly helping us every Wednesday. We shall miss him and we wish him every happiness at Home.
Thanks are due to each member of the staff and to Mrs. Griffin who very kindly played the piano for us last week when one member of the staff was ill.
erotion pf the Judge. The author tijes were by no means clear but the Rules were clearly a recognised Mr. Ralphs then called upon Lady procedure and certain of them had Stewart Taylor, who had consented been agreed upon by the Judges in to give away the prizes in the England as to the proper course to absence of Lady Clementi through follow when a person was ques-indisposition. tioned. /
For The Notice Of Everyone."
The Prize List.
The 9th Rule states: "Any state- ment made in accordance with the
Clown 10-Sis Hofstede, Ann above rules should whenever pos followed and in this particular case Cook, Paul Hofstade, Beverleigh These Rules were perfectly easily Marcel, Geoffrey Brearley, David sible be taken down in writing and signed by the person making them
there was nÓ reason why they Bultitudo, Erica de Rome, Dorita after it has been read to him and forced, and he thought it was for Tod, Mary Frances Wallace, Dick should not have been strictly en- Breakspear, John Wood, Petricia he has been cautioned to make any the notice of everyone, the Crown Bell, George corrections he may wish.
Syme Thomson, Continuing, Mr. Jenkin said that well as persons charged, that Daphne Griffim, Marthe Cuvillier, the Crown must show strong
where it was possible to do so thene Jacqueline Hargreaves Browne, grounds for the admission of any It was possible for circumstances to
Rules should be strictly adhered to. Jimmie MacKenzie and Tony Evers. statement which ran counter to the arise in which it might be imposby, lat prize; Anne Cookes, Sad Class 9.-Division 1:Peter Corne spirit of those rules. These rules sible to follow these Rules, but prize. Division 2: Alison King-. had been more or less adopted by where it was easy to follow them horn, 1st prize; Wendy Remington, emminent judges.
he proposed, so along as he was 2nd prize. sitting in that Court, to insist Class 8-Malloch Stark, Ist upon there being carefully applied. prize: John Michell, 1st prize; He was afraid he must reject the Richard Cassidy, 2nd prize. evidence in this instance.
Heed For Observing The Enla Argued.
Class 7 (Preparatory).-Audrey Jackson, 1st prize; Kathleen Wolfe, 2nd prize.
The Chief Justice interposed: "I should not regard that very much. if I was satisfied with the bona Inspector Lane was recalled to fides of the witness. I agree that the witness box, and the Chief it is much the better course to Justice said to him: "I hope you "follow. The man should be put on will bring them (the Rules) to the alert first as to what is being done attention of your superiors and to him. He should not be trapped that instruction will be given to all or impeded Rule 9 is more or less police officers strictly to abide by mirable, but it does not to my mind carried out and will be a great ad occupy the important position that rantage if they are carried out. ROYAL DRAWING SOCIETY CERTIFICATES. Rub 3 does
a matter of procedure which is ad them. You will find they are easily
Τ
don't for one moment assert that Mr. Jenkin respectfully agreed you did anything improper, or un- and advanced the argument that a fair, but I have decided that instice Hong Kong where in 88,cases out would have been better served by of 100, the prisoner speaks for-the procedure laid down by eminent
Class :-Senior Division: Marion Lane, let prize; Muriel Gubbay, 2nd prize; Betty Michell, special prize. Junior Division:
Nancy Hornell, 1st prize; Shions Mac- Kichan, 2nd prize.
Division Is-Honours Certificato :
Marion Lane, Joan Frank Shions MacKichan, Pass Certificate: Betty Michell, Nancy Hornel, Cecil Clementi, Dione Clementi.
Preparatory Division: - Honours
eign tongue, this rule is even more authorities for their being strictly Certificate: Audrey Jackson. Pess important than in England. Mr. enforced. Jenkin added that he made no at Another Interpreter was then Certificates Doreen Hynee, Kath akupon Inspector Lane in this called, and when prisoner was leen Wright, Oskar Bitzer, Helen case Inspector Lane was a busy charged with manslaughter, he Landsell. man with a great deal of crime to replied: I did not murder him. The proceedings ended with three investigate. He was called into the The case for the Crown was then cheers for Lady Stewart. Taylor. charge room at two o'clock in the closed, and His Worship adjourned three more for Christmas, God morning, but in point of fact he further hearing of the. case until Save the King, and lots of excite- did not caution the prisoner. He this morning.
ment on the part of everybody."
12
"Mr. B. P. Ng's XII.
S. V. Gittins, b Hiptoola...... 1 E. A Lee, b Luci .......
S. Kermaai, Lb.w., b La ... 0 J. Barrow, b Lam
0
B. P. Ng, Lb.v., b Hiptoala 43 M. B. Usman, b Lam
A. P. Guterres, Lam. 10 B. N. Sudan, at. Ponsonby- Fare, b A. A Rumjaha ... Y. C. Teh, b Lam
A. Baker, hit wicket, b Lam 0 A. Aziz, not out. H. T. M. Barma, b Lam
Extras
Total
11
..140
wickets for €2 runs,
Bowling: C W. Lam took 8
Mr. Ponsonby Fane's. XII. A. H. Ruajahn, b S. V. Git-
tins
Guterres, b E.
D. Laing,
A. Lee
F. Zimmern, run out ........... A. A. Rumjahn, retired- A. Chan Fook, b Baker W. H. Sling, not put
Extras
21st, 1927.
FRIENDLY MATCH.
R.A.MC. BEAT" R.A.0.0.
In a friendly match played on the Indian Recreation Club ground] yesterday, the R.A.M.C, beat the R.A.O.C. ensily by 193 runs to 51.
Scores:-
B.A.M.C.
Pte. Bird, b Hale Pte: Osborne, e GreenawaF,
& Hale Pte. Tiernan, c Gilbert, b
Burger.
S.Sergt. Sims, Bryant, b
Burger
Sergt. Tayler, his wicket, b
Halo
Pte. Johnson, c Greenaway,
b Burger
Pte. Shepherd, run out Pte. Barnes, C. Greenaway,
b Butterfield
Oorpl. Lees, 'st. b -Hale Pte. Waters, Bryant,
Hale
Pte. Snoad, not out
Extras
Burger Hale
Tota
Bowling Analysis.
Bryant
Butterfield
*Bowled wides.
0. H.
0 1 27
13.5 I
54
0
G 1
12
B.A.0.0.
To
Q.M.S. Butterfield, e Sims,
b Bird
70
D
123
S/Sgt. Greenaway, b Tiernan 9 L/CorpL Burger, b Johnson II Hale. b Tiernan
Clarke, e Taylor, h Tierran... 0 Roberts, e Sims. b Bird.... S/Sergt. Gilbert, e Sina, b
Bird
Bryant, b Bird....... Mocock, e Shepherd, b Bird o Morrisa, b Batzea Corp. Hunt, not out
Extras
Total
his
51
Bowling Analysis.
а 31. 迎
Bird Tiernan Johnstone Barnes
30 7
£
12
3.1 2
1
30
Total (for 3 wkts.) 1,431
C. W. Lam, F. H. Trayes, G. E Yeoh. F. Hiptoola, A. B. Sulieman, and Ponsonby-Fane did not bat
ARMY CRICKET.
KNOCK-OUT COMPETITION.
R.A.S.C. v. R.A.
.
In the third round of the Army
knock-out competition, the IAS.C. payed a draw with the 31st Heavy Battery, R.A., on the Chinese Re- creation Club ground yesterday. The teams will have to meet again. the winners qualifying for semi-final
the
The R.AS.C. batted first and Sergt. Wilkinson being top scorer scored 143 runs for a wickets, Sta with 31. The Royal Artillery re- pied with 99 runs for the loss of
wickets when stumps were drawn. Gar. Whittington who contributed 23 runs, 'hit 18 in the first over.
Scores:
B.A.S.U.
S.Q.MS. Moss, b Leech Capt. Drysdale, b Gifford S.Sgt. Wood, e Hall, b
Gifford
8
0
FANLING HUNT.
STEEPLECHASE MEETING.
The Christmas handicap az re- "arranged is as follows:-Ma Kou Siac 170, Wild Fellow' 170, Easter, Day 106. The Gomeril 165, Mowgli 169. Chin Shan 180, Humdinger 138, James Pigg 168. Blotting Paper 158. | Lock Rannock 135, Deerhound "133, More Better 133, Loongwa 149, Taree 148, in River 147. Race horse 147Honeymoon 147, Bill Brewer-147, Red Leaves 148, Alham- bra 145, Tarzan 143.
"He that
Stirring
The Plum Pudding
When we
„javere very yomg
our Raisins had seeds in them;
Tonday
Plum puddings are made with
SUN-MAID
SEEDLESS RAISINS.
They are safer;
they taste nicer ;
they are better for the health
It is High Time
to be preparing
for
Christmas;
When you buy Raisins
Look for the Maid of the Sun
"
on the Red Package.
Obtainable everywhere.
is of a Merry Heart hath a Continual Feast.”
TO-DAY
order your supplies
for the
Christmas and New Year Holidays.
PERRIER JOUET
Capt Morris, e-Hole, b
The Wine of France-
"Leech
24
S.Q.M.S. Newberry," c Leech,
b Hole
Pte: Lyons, Sandall,
Leech
S.Q.M.S. Glenny, Haynes,,
b Leech
10
L/Cpl Tibbe, b Gifford
1-1
S.Sgt. Wilkinson, b Trimm... 31 L/Cpl. Fennell, not out
Quarts
Pints
$7.00 per bottle 33.70
Baby
$2.00
L/Cpl. McIntyre, not out
Extras
Total
Bowling Analysis,
Q.
我
43
014
་
Sgt. Gifford 13 3 50 Sgt. Leech. 15 0 Bdr. Hole 3 Bdr. Pulford .... 3 Ι 7 Bdr. Haynes 20 B "Bdr." Trimm 3 0 14 1
31st Hvy, Bty., E.A. Gar. Whittington, e Moss, b
Newberry L/Bdr. Haynes, run out..... 11 Sgt. Leech, Fennell, b
Wood
Bdr. Hole, b Newberry Lieut. Hall b Newberry Sgt. Gifford, b-Drysdale. Bar Pulford, not out Bdr. Trim, zat out
Extras,
26
11
12
0
28
2
Total (for 6 wkta.) ... ga
Gars. Sandal, Philpote and Davy did not: bat-
Bowling Analysis.
D.
M
14:
$2
Newberry Wood Morris Drysdale
CHAMPAGNE
Obtainable from
Wing On and
#
Empress Stores, Kowloon
and from Sole Agents.
The Wine of Scotland-
MARCHANT'S
GOLD LABEL
WHISKY
[A..B.9]
Obtainable at all high class
The Drink of Ireland
ASHE & NEPHEW
GUINNESS' STOUT
Obtainable from Sole Agents
Stores and Compradores.
T.
E. GRIFFITH,
LTD.
Queen's Road Central.
Tel C. 8817.
[42.3.11]
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