Remarkable value in
PYJAMAS
Made of fine Cream Cotton Taffeta with contrast colour collars and cuffs.
Cut very "roomy" giving "perfect comfort in wear.
15
$8.50 per suit
3 Suits for $23.50
Less 10% Discount for Cash.
11
BATHROBES BEDROOM · SLIPPERS,
Mackintosh
MEN'S WEAR SPECIALISTS
ALEXANDRA BUILDING.
& Co. Lid
DES VOEUX ROAD
THE HONG KONG DAILY PRESS, SATURDAY, AUGUST 4th, 1928.
1.
34
"THE BENEFIT OF THE DOUBT.".
FULL JUDGMENT OF THE KENNEDY ROAD CASE.
IDENTIFICATION PARADE RULES SERIOUSLY VIOLATED.
"CHIEF JUSTICE'S COMMENTS.
The Full Court of Appeal was filled with members of the legal profession, well-dressed Chinese ladies and gentlemen and quite a number of European business men, when the Chief Justice, Sir Henry Gollan, delivered his judgment yesterday afternoon in the Appeal Case of Rex v. Chung Yu Fan. The Appellant was convict- ed and sentenced to one month's imprisonment with hard labour by Major C. Willson, Police Magistrate, for indecent behaviour in front of two European ladies in Kennedy Road on May 21st, at 7.30 p.m. It was against this decision that the Appeal was. instituted..
A considerable amount of interest was shown to the case by members of the legal profession in view of the fact that Mr. F. C. Jeakin, Counsel for the Appellant, has severely criticised the methods of the police officers responsible for holding the identi fication parade in this particular instance, and his Lordshipļa views on the matter was thus awaited with interest.
In giving the benefit of the doubt to the Appellant, his Lord- ship said that: "We consider that in thus þionally conducting the ladies, at the identification parade he (Sub-Insp. Hozeskwy) committed a breach of the rules in a most serious particular which must affect our estimate as to the value of the identification which took place, at this particular parade, and cannot help expressing our surprise that experienced police offers should have been parties to the proceedings.'
His Lordship then went on to say, "In the circumstances of this case. I have come to the conclusion that I must differ from the decision given by the Police Magistrate, but I differ with some
hesitation.
NOTE CHANGE OF DATE discharged.
GRAND TATTOO
HONG KONG.
11th, 12th & 13th September.
Commencing at 8.30 Each Evening.
NOTE CHANGE OF DATE
"King George IV
OLD SCOTCH
WHISKY
OPENING AND CLOSING FACILITATED BY
NEW SCREW CAP
Simple Bafe & Secure
No corkscrew necessary
Possibility of leakage or contamination through
corks faulty
eliminated
THE DISTILLERS AGENCY. LTD.
ROINBURGH
SOLE AGENTS: GANDE, PRICE & CO., LTD.
C. No: 185.
[634)
HONG KONG
་
The Appellant was given the beneft of the doubt and
Mr. F. C. Jenkin, instructed by Mr. F. H. Loseby was for the Appellant, and Mr. H. Somerset Fitzroy, conducted the case for the Crowa.
4
that the man was wearing a white" shirt; but with this statement the Sergeant disagreed.
THE JUDGMENT.
This is the rebearing of a case in
When Sub-Insp. Smith and Sergt. which Major Willson, Police Magis Flattery left the Lens quarters and trate, convicted the appellant of sturned to the spot where they left. having in Kennedy Road insultedi Chau in charge of the cycle, they found defendant there. He claimed two ladies and sentenced him to one the bicycle as his, and was dressed anth's imprisonment with hard in a fawn coloured palm beach coat, Khaki shirt, and grey trousers; but Flattery says he had neither hat
labour.
There was ao dispute as to the offence having been, committed on the occasion and at the place named in the charge, but it was strongly argued on behalf of the appellant that he had not been identified, be yond reasonable doubt, as the per- son who had in fact committed it.
Reviewing the facts of the case which have been related at some, length the Judge said that the offenderstood on the opposite
for tie.
According to the evidence of Li Chau, Detendant had come along Kennedy Road from the East and had ein med the cycle as his but had been told to await the arrival of the European Officers, Li Chau also said, that he had first geen Delenda Coming from the East when, the latter was about 60 feet
way.
The Importance Attached To It. Before us she expressed herself. very emphatically, as being in position to recognise the offender if she bad met him in the street; but the words taken down by Assis tant Superintendent Kent are, cer- tainly not emphatic.
It now becomes necessary to con- sider the circumstances under which this particular Identification Parade was held.
THE LATE MR. C. R. CRISPIN.
HIS ESTATE IN COLONY.
The late Mr. Charles Robert Crispin, retired shipwright and formerly of Hong Kong, left estate in the Colony valued at $1,700. He died at No. 14, Badock Terrace, Falmouth, in the county of Corn- wall on March 1st, 1925.
Bring
them
up in
an atmosphere
of
music
Identification Parade, necessarily play a large part in Police pro- Probate of the late Mr. Crispin's cedure, and, if held under proper will has been granted to Mr. D. J. safeguards, may, and do, furnish Lewis, of Messrs. Johnson, Stokes very valuable evidence. But it is and Master, who is the attorney of obvious that they are capable of in, Mrs. Minnie Carter Crispin, ducing very serious miscarriages at"| widow, it present residing at No. justice. It is for that reason that es, Budock Terrace, Falmouth, certain rules have been laid down | Cornwall. Two executors were men for the conduct of parades which tioned in the will-Mr. ought, in our view. never to be Edwin Paine, and Mr. departed from except for the most Dixon-the latter having renounced 'serious reasons.
probate.
For the purpose of recording what takes place on these parades special books are provided; and on the front page of each of them the rules are printed. This fact alone would be sufficient to show the im- portance attached by the Police Authorities to compliance with these rules; but in addition, with what might at first sight appear an excess of caution, there is a note printed at the bottom of each page of the book, in the following terms For direction for holding Identi- Scation Parades see Front of this Book."
How The Rules Were Violated.' Now it is argued on behalf of Defendant that on the particular Parade in question in these pro- ceedings the rules were violated in certain most important respects.
Rule 1 (c) requires:-
(a) The necused to be placed among at least eight persons who. are not to be Police, if possible.
There were only seven persons, in-
cluding Defendant, paraded. The
|
Lione! James
the person who committed the offence as he was away from the steae between 7 p.m. and a little after 9.15 p.m. when the time of the offence, according to the prosecution was 7.30 p.m.
The Crown argues that the wit- nasses are interested and should not b believed; and further that ao- other very material piece of evid- ence given by them should also be disbelieved.
Defendant, says that he went to bis father's shop on the morning of May 21st, 1928, dressed in a fawn coloured palm beach coat, a khaki shirt and grey trousers and wearing a white topee. Hi, father confirma this statement and goes on to add that defendant was in the same clothes when the latter left the shop at about 8.30 p.m.
Defendant's wife states that he was thus clad when she anet hum at the junction of Kennedy and Garden Roads at about 7 p.al., and
AS THEY play around the house, let them absorb the in- fucace of good music. It's surprising how much they pick up. And you never can tell how much it will mean to them later in life.
That's only one of the ad. vantages an Orthophonic Vlo trola will bring your home It will brighten the house with song and zielody, and furaish constant entertainment to your guests and yourself And our plan of deferred payments makes it so easy to uwa one of these instruments. Come ht. Hear the special records" for children and the latest releases for grown-ups.
explanation: fo: this breach of ths that when he left the house at about S. Moutrie & Co., Ltd.
rules was, to say the least of 13 pa to get his cycle he was not clear; while, though the other persons were not police officers, they were police clerks
A/Sub-Inspector Rozeskwy stated that he had endeavoured to obtain persons from the outside to help to form the Parade but, as he quite reasonably explained, it is difficult to induce persons of the class of Defendant to go to a Police Station for that purpose.
(6) The persons called in should be of similar age, height, general appearance and class of life as the Defendant.
The stepmother similarly clad. corroborated this statement."
The prosecution argues that de udant had an opportunity of changing his clothes when he went home after leaving His father's shop, that he must have done so or he could not have been wearing the clothes which Mrs. Lea and Mrs. Leppard said they saw him in at 7.30 p.m. Also that the story of the defendant, his wife, and his step- mother in this respect is false and should not be accepted.
Defendant Disbelleved, No complaint was made that the
There is certainly a matter in were not of į which I do disbelieve the defendant Persons called in
Ag
similar age the Defendant; which tends to make us doubt his though as regards height it was story where it comes into conflict stated that at least two of them with the evidence offered on behalf were considerably taller than Deof the Clown. fendant.
wore cotton
were
Complaint was however made that the clothes Defendant wore side of the road to the lamp and
such as-to point him out as "of a It is to be observed that neither class different to the others. They there committed the offence, charg ed; and the ladies passed him and before the Police Magistrate mor
coats and trousers, in this Court Was Li Chau asked had the opportunity of getting a
while Defendant had oua fawn any questions bearing on his state-palm beach coat, striped shirt and clear view of him. But in the cir- cumstances alleged it is not surent that he had first seen Defen- collar, crystal buttons and white dant approaching the cycle from gabardine trousers. It is at least prising to learn that they did not look at him closely. And here 1 the East. Defendant when in the unfortunate that more was not done witness box gave an explaination of to reduce the difference between anould like to observe that I con- Mrs. sider that rs, Lea and
this somewhat curious fact with Defendant and the others, caused which I will deal later; but it will by the clothes he was wearing. It Leppard have shown great, and
be observed that the cycle had been would have been easy to provide commendable public spirit in com-
left near the junction of Kennedy him at least with a coat like the ing forward to give evidence on a
others. charge so disagreeable as the pre- and Yacdonnell Roads and the fact of the case would lend one to expect Irs. La saw her husband and that the man who left the cycle pulled to him to come up. They there would have walked down stood a short time there and then Macdonnell Road when in search of noticed a mad walking up McDon- the cycle. tell Road, whom the ladies say was the man who had ridden the eyele and misconducted himself, but on Mrs Le asking him whether the cycle was his, the latter said that it not and disappeared up McDonnell Road.
seat,
was
"The ladies bad an opportunity of beting the man?
(a) When he first. passed them on his cycle going East along Kennedy Road.
" When he passed them on foot after leaning his cycle against the railings.
(e) While he stood opposite the lamp, and
از نیر
(d) When they saw him going
asked him if the cycle was hii.
The Identification Parade. Next morning the 2nd May, 1028-at about 11 a.m. there was an Identification
by Parade beld Assistant Soperintendent Kent at which the two ladies distinctly say without hesitation, sa the man who that they identified Defendant,
had committed the offence.
Rule 1 (d) requires: (a) That the witnesses should be called by some person who does not know and has not seen the accused; care being taken that the constable who has made the arrest should not be sent to call the witnesses.
This requirement seems to us to be of vital importance and should he strictly adhered to, both in the letter and in the spirit. The dan gers that arise from a breach of it are obvious. Perhaps almost a serious consequences would arise from the destruction of public con- fidence in the scrupulous fairness which should be shown to prisoners that must occur, if it become known that this particular provision of the rules is ever departed from.
(Victor Distributors) Chater Road..
THE. DROUGHT.
DRIEST JULY SINCE 1889.
0.133 INCHES OF RAIN IN
17 DAYS.
A
Figures supplied by the Royal Observatory show the seriouZDCE? of the drought that has existed in the Colony since July 17th. "speck of rain" was recorded on the 17 dage between July 17th and four days but the total rainfall in
Auguit 2nd has been only 0.138 inches.
Defendant says that after leaving No. 23 Robinson Road at junction of Kennedy and Garden Roads be former. He says that he did not then proceeded East along the find his cycle where he had parked it by St. George's Hotel and walked on, looking acither to the left nor to the right; and not having found. the eyele he turned back and then saw it on the North side of the road in a place where he could see the cycle very clearly because it was been as follows fairly light, being within eight feet of a lamp.
In my opinion this explanation was an afterthought. He had not appreciated the importance of Li Chau's evidence until it was brought out in the course of the bearing before us; and seeing the point that might be made against him he gives an explanation which, neither in its substance ner in his manner or giving it, has satisfied us of its truthfulness.
Another point which affects the de- fence is that the defendant did not tell his story when first taken to the Central Police Station.
The rainfall for July this year was 478 inches or only 0.21 inch greater than in 1889, the lowest on" record.
The rainfall since July 18th hab
Inch.
Juls 17th
18th
F
19th
20th
-0.070
21st
0.023
**
22nd
0.090
23rd
24th
25th
26th
27th
28th
28th
30th
31st
17
August #ist
2nd
Total
0.020
0.135
Pravions Records For July, Some interuting figures are also given of other serious droughts in the month of July."
He says that he felt the charge against him would go on, and, he took down what Mrs. Leu and Mrs. Assistant Superintendent Kent
preferred to keep his story until he was before the Police Magistrate. Leppard said. in the presence and
It is undoubtedly the right of bearing of Defendant when they
an accused person to do this, but I Identified the latter. Mrs. Les is
have more than once called atten- stated to have said "From the build"
S/Ins, Rozeskwy At Fault. tion to the great assistance it is to
The drought of July 1889 to and appearance of the suspect, he
Now the evidence before us is a defendant for him to be able to is the man. I did not see his face.
In cross-examination, Mrs. Lea that Sub-Inspector Rozesky who say, that on the first opportunity be which reference has already been up McDonnell koad and Mr. Lea said that by the words build and was the officer in charge of the case had he gave an account which made lasted from the 2nd to the and knew the defendant well, and agrees substantially with that given 18th, no rain falling during that appearance"ahe, meant, the same
...period. Within two hours of the occur thing, ie, that the man she saw was present when A.S.P. Kent at his trial.
In 1905 there was a drought of The Benefit Of The Doubt. renc sub-lispector, Smith, Sergt. committing the offence was thick lined the men up for the parade
13 days and the following year a Flattery, and Li Chau, a detective, t.
The facts to which I have called drought of 14 days. She further admitted that went up to his office after the appeared on the scene in conse
show that there are there were on parade two or three the parade was formed and brought attention
In 1910 from July eth to August quence of A telephone message sent other men who were also thick set;
down first Mrs. Lea and then Mrs. serious elements in this case which sad only 1.40 inches fell (between by Mri. Lea to the Central Police but she maintained that there. Leppard, to the parade. He stood have not been altogether satisfac July 18th and 23rd). This was the Station. According to Sergt. Flatcognised Defendant as the offender. by while they were engaged in the torily met by the defezice but it
most severe July drought on re- tery the description then given by Mrs. Leppard is recorded as identification of the defendant. We must always be remembered that the "cord. the two ladies, talking together, was having said I think from the ap consider that in thus personally onus of proving the guilt of an ac In this month two periods, of that the man who committed the pearance and build that is the man. conducting the ladies he committed cused beyond reasonable doubt is on drought were recorded, from the eth offence was short and thick set, It was dark at the time and I could
a breach of the rules in a moit the Crown. looked like a Japanese and was not see his face clearly."
serious particular which must, affect In the circumstances of this case to the 17th and again from, the 20th our estimate as to the value of the I have come to the conclusion that for the month was, however, 13.90,
to the end of August, The rainfall wearing gaiters;" and on cross-
When giving evidence before tela identification which took place at I must differ from the decision inches but of this, only 1.49 inches examination, he definitely stated that this was the total of the des- Court she stated, she could not ex- this particular parade; and can- given by the Police Magistrate but all during the shore break in the cription given by them, The two actly remember what she said at
not help expressing our surprise differ with some hesitation.. ladies used the word "gaiters," is the parade but that she must have that experienced police officers 11 dust, be observed, however, weather following the 18th of the did Sergt. Flattery, when they gave said something similar to what is should have been parties to the that the case was not fully gone into
Ia 1810 there was an interval of evidence before the Police Magis recorded. Before this Court she
before him as it was in this Court, 18 days, 18 hours, from the 10th trate, but before this Court the used a different form of words proceeding.
(b) That the witness identifying and in particular he did not have to the 29th, during which the total an accused should touch him. This before him the detailed statement rainfall was 0.975 inch. ladies said that they did not mean he said "I saw the outline, ap-
was not done on this occasion. gaitere in the ordinary meaning of pearance and features of the man the word, but mackintosh overalls, and recognised him,”
A Complete Denial.: and Flattery said that though he la cross-examination she said
that by oncline" she meant The defendant gives a complete seriously affected my view of the the 8th to the 6th-the exact in- terval being 17 days, 14 hours. understood the two ladies, from the build and that by appear denial to the charge. He states facts of the case. I have given the The rainfall for the whole month description they gave, to mean
build"
that on May 21st, 1925, after having most, careful consideration possible overalls, I can understand the Ance" she also meani mistake in the use of the word by and that by build she meant had his evening incal as usual with to those facts and have come to the reached, however the respectable
Last Year. the ladies, but it seems remarkable that the offender was thick-set. By his father and some other relatives conclusion that the onus which is total of 19.43 inches.
she said she meant at the former's shop in 62 Banham upon the Crown of bringing home, that though the sergeant must know what gaiters really are, and says he face, nose and hair. She went on Strand Weat, he left the shop at the charge beyond reasonable doubt la July 1827 there were 17.735 to explain that when the offender 6.20 p.m. This amounts to has not been discharged and that inches of rain and in July 1926, understood from the ladies that passed her twice on foot as has denial of the charge. His Lordship am bound to give the benefit of the they were in fact refering to over-
been described, she got a view of preceeded to repeat the story as doubt to the defendant. alls, that he should have persisted in the use of the word, "gaiters before the Police Magistrate.
Sergeant Disagreen.
Mrs. Les dud Mrs. Leppard both say that they told Sergt. Flattery
Features
1
month.
of what occurred at the identifica- In 1919 there was a drought from
tion parade, a matter which has
his side face, and that when he told by the defendant, pointing out The decision of the Police Magis was opposite the lamp committing in parts where it was corroborated trate must, therefore, be reversed, the offence she got a view of his fall by his wife, after which he said it face; though, as she explained, this was obvious that if the defendant's last view was not a very prolonged story was believed he could not be
(Continued on next 'Column). one in the circumstances.
and the defendant discharged.
PUISNE JUDGE CONCURS. Mr. Justice P. Jacks: I concur.
3
29.790 inches, August 1827 had a
fall of 20.905 incres.
Pumping began from Tytam last month wherese, usually it is not necessary until October,
So far we have had over 50 inches of rain this year which is above, the average.
No comments yet.
Private notes are available after approval.