1929-06-28 — Page 4

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HONG KONG

THE HONG KONG DAILY PRESS, FRIDAY, JUNE 28, 1929.

K.O.S.B. COURT MARTIAL.

CONCLUDED AFTER NINETEEN SITTINGS.

COURT TO CONSIDER THEIR FINDINGS.

MAJOR OGILVY'S APPEAL.

The trial of Major G. M. H. Ogilvy, K.O.S.B., by Court · Martial on charges of negligence while performing the duties of President of the Regimantal Institute concluded yesterday after minetuon days.

At the close of the proceedings the accused naked the Court's. consideration of his long period of arrest and also other extenuat- ing circumstances. *

DEATH OF

MR.

LIM

KAIPING COAL

KEE TEY.

WELL-KNOWN HONG KONG CONTRACTOR.

The death occurred at his resi- dence in Kowloon on Wednesday night of Mr. Lim Kee Tey, manager of the well-known firm of contrac tors, Messrs. Lim Yeu & Company. The deceased was 30 years of age and

from #bed

cerebral hamorrhage after a short illness.

Mr. Lim was one of the early Chinese emigrants to Australia, where he lived for about 38 years, mostly in Melbourne. He was very well known in that city, where he A written address was handed to | The President bad asked accused established a large furniture inc the Court by Major Armitage, pro- why, if he needed guidance, he had tory. He gave up this business in not asked for it. Had the accused 1994 and returned to Hong Kong, secuting officer, in which it was any knowledge at all of this pawhere he took up contrasting work. submitted that all the six charges phlet's existence Therefore couid Among the many buildings in the against the accused "had been be go and ask guidance as to the Colony erected by him are King's

prevention of fraud?"

College, the Majestic Theatre, Gov erament bath-houses at Shum Shui Po, and a number of residential houses now under construction in Prince Edward Road, Kowloon Tong.

proved.

had happened and on the evidence should be acquitted on all charges

In conclusion the defending officer It was contended that deficiencies reminded the Court of the gravity of were proved to exist in the P.R.I.. the charges, the maximum penalty accounts, and that they were due to for which was to be cashiered from the Army. He submitted that Major the culpable negligence of the aOgilvy was not to blame for what

ned. That was prejudicial to go order and military discipline. The accused did not check P.R.I., bills, and the amounts concerned were not correctly accounted for in the P.R.I. books. It was the duty of the P.R.I. to prepare a balance sheet but through his negligence certain items were not included therein, thereby misleading the Audit Board and his C.O.

Major Armitage contended that the prosecution had proved its case, and that culpable negligence against the accused was establish- ed.

THE DEFENCE.

Judge Advocate Sums Up. Mr. Somerset Fitzroy (Judge Advocate), summing up the evi dence, drew attention to the word negligence" which appeared in all six charges. He told the Court that to his knowledge the word had not been clearly defined, and he then proceeded to cite definitions for their guidance.

The Court Closes."

The Court was closed shortly After the tin interval by order of the President, and when it assem- Major Miles, for the defence, said bled later the accused was marched that he desired to draw the, atten- in to his seat. Capt. A. G. Dobbie, tion of the Court to Section 40 of K.U.S.B.. produced certified ex the Army Act. This section pro-tracts from Army records giving vided that before a conviction for particulars of nceused's service and

conduct. negligence could be recorded, the negligence must be proved to be either wilful or culpable, and to the prejudice both of good order and military discipline. It also stressed the importance of regard ing circumstances in which the alleged negligence took place.

The defence had brought to light many things which they would have preferred to have remained in dark ness. This had been done because it was vitally important, in the opinion of the defence, that the Court. should be thoroughly ac-

Asked by the President of the Court if he wished to say anything. the accused said that he would ask the Court to take into consideration the fact that he had been under open, arrest for 08 days, and he would also ask them to consider other extenuating circumstances.

The President then announced the closing of the Court, to consider their findings, which will be pro- mulgated in due course.

quainted with the circumstances in MEAN TRICK ON A WOMAN. which the alleged negligence took piace.

"Where justice is at stake, there MALAY GETS SIX MONTHS FOR

can be no half measures," said Major Miles.

FRAUD,

In 1928 the accused was on leave. Iabour was imposed by Mr. E. W. Sentence of six months' hard He was recalled unexpectedly to Hamilton on a Malay, named Amat,

take command of his Battalion. At

that time he had not been acting who appeared on a charge of ob as senior Major, and except for two taining money by false pretences

a yourg short periods he had not perform. The complainant was ed the duties of P.R.I. He handed woman who wanted to make use over the command to his C.O. His of a hawker's licence issued some opinion was not consulted., Major time ago to her deceased grand. Miles asked the Court to consider mother. The defendant undertook the effect of that upon the accused. to-see the Hawkers' Inspector, and The Battalion arrived at Hong said that 840 was demanded by the Kong, where the accused organised latter to make the transfer. the Regimental Institute on such knowledge as he had gained from his own brief experience, from his clerk, and from the officer from whom he took over.

By scraping together her savings and borrowing from her friends, the young woman managed to raise $20 which she banded the defendant. Amat returned two days later with

The deceased is survived by a widow, two sons, and five daughters. The elder son, Mr. Hugh Lim, is a member of the Craigengower 0.0. team, and Mr. George Lim is on the stai of the Deity Prest Irene, the eldest daughter, is mar sied to Mr. J. H. Law, of Kowloon Tong.

"The funeral took place yesterday afternoon at the Catholic Cemetery. Happy Valley, the Rev. Fr. Granelli officiating.

Wreaths were sent from: Your Loving Wife Eva, Your Loving Boas "Hugh and Georgie," Your Loving daughters,

"Sophie, Edna, Joyce and Jean" "Rene Lam Woo, and Ming." Mr. "Michael" Lam Dore, Lam Waz King, Lam Chun War, Mr. and Mrs Lam Chik Seng, Bue and Kwok," Mr. F. B. P. Silva and Breatriz B. de Britto e Silva, "Betty and George," Mr. Frank Tock, Mrs. F. Wong and family, Mra A. White and family, Mrs. M. Brown & family, Mr. and Mrs. W. F. Fincher and family. Mr. and Mrs. A. E. Peveril Guest, Mrs. J. Pearson and family, Mrs. H. Noronha and family, Mr. E. Mackay and family, Mr. and Mrs, C. W. Moon, Mrs. Wong and Grace, Mr. and Mrs. M. A Figaerido and Charlie, Mr. and Mr. G. N. Tock, Mr. and Mrs. Carlos Chan, Mr. E. 8. Low, Mrs. Jan See Chin and family, | Mrs. and Mrs. G. Choon, Mr. and Mrs. F. H. Carvalho, Mr. and

Mrs. Louey Wai Sun, Mr. and Mr. W; S. T. Louey, Mr. M. F. de Pinna, Miss Ruby Mow Fung, Mr. Geo. A. Y. Hall. Messrs. Liang 8a Wing, Leung Kum Liang Shiu Tung, Liang Sai Wa, Cheng, Mr. and Mrs. P. N. Hong nam, Mr. M. Nemazee, Mr. Gabriel Van Wylick, Mr. J. M. Noronha, Mr. P. B. Allan, Mr. C. F. Lee, Messrs. Credit Foncier d'Extreme-Orient, the staff of the Hong Kong Daily Press.

TSANG'S COMPENSATION.

DISCUSSED BY FINANCE COMMITTEE.

Some discussion occurred" at yesterday's sitting of the Finance Committee, which was held immed iately following the meeting of the

No further instructions or guida receipt and the signature of the It was later ance were given. Shortly after- Hawker's Inspector. wards, in apite of his protests, his found that the receipt was an old clerk was taken away. It had one and the signature of the in- already been stated that the P.R.I. spector had been cut from a pre-Legislative Council, concerning the placed the same trust in his new vious licence. clerk as he had placed in bis old

Defendant denied the whole story

clerk. In doing so the accusede said he had never seen the certainly committed a grave error woman before and argued naively of judgment, but did an error of that if he had swindled her he would jedgment amount to culpable neg-have absconded with the money. ligence 1

After Amat had "

There was very great difficulty His Worship

gone down" recommended the

in seeing that money, collected by woman to Sgt. Field for a hawker's billiard markers was paid directly licence.

to the P.R.I. The difficulty could be realised when one remembered that a barracks as far away, as Mount Adetin had its billiard tables which came under the P.R.I. The system had to be based on a good deal of trust. It was common know. ledge that one had to trust the stiff to a great extent.

A COSTLY RIDE. EX-EMPLOYEE OF KOWLOON.

'BUS FINED. A

proposal to pay $400 as compen sation to be divided between Teang

On Wing and Cheung Man Kun.

It will be remembered that these two Treasury officials were arrested and detained for a considerable period when the Carvalho Yeo fauds were discovered.

Resolution Passed.

The following resolution Was passed

Arising out of the recent action, Crown versus Carvalho, Yeo, and the resultant Civil action against

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the Bank in which Messes. Tsang GUARD YOURSELF

On Wing and Cheung Man Kun

A former employee of the Com-were completely vindicated, it bas pany who travelled on a Kowloon been decided that some compensa- bus yesterday attempted to evade tion for their detention in Police payment. When asked for his fare custody for three weeks should be he told the conductor that he was given to these officers and a vote of a fellow foki, implying that he was $400, to be divided between them, entitled to a free ride.

is asked.

There was no doubt that had the P.R.I. correspondence been proper ly filed and supervised by the ac eused, he could not have failed to notice the omission of bills from the balance sheet. The accused. The conductor had allowed the had had very little experience in defendant to travel free on previous such matters, as most of his time occasions, but had since learned that had been spent in the regiment and the man was not in the Company's he had not held positions where he employ, and he accordingly had him would have dealt with a great deal arrested of correspondence...

The defendant told Mr. Whyte There could be no doubt in the Smith, at Kowloon Magistracy, that minds of the Court that the bills he had told the conductor he had were withheld from the knowledge no money and had asked to be of the accused by his fraudulent allowed to travel free. The con

The Hon. Mr. W. E L Shenton asked what would be the position of an ordinary person in similar circumstances and pointed out that the two officials were not entirely vindicated in the eyes of law inas much as the special jury had m pugnedgrave negligence" on the part of the Treasury.

*Not a Question of Law."

clerk. They knew definitely that ductor, however, said that the de- The Colonial Secrteary contended aome of them were purposely with-fendant had nodded his bead when that the two officers concerned were held, and he submitted that all of asked to pay the fare, thus giving" vindicated in the eyes of the a Government. In reality, they them were purposely withheld. the impression, that be wES

Major Miles mentioned a certain monthly ticket holder: When re- stood in the relation of "Bex document, fled with the secret quested to produce his ticket the versus Servants of Bex," and the documents of the Battalion, which man claimed that he was an em Government, in their case was in dealt with methods for the detecployee of the Company. tion of frauds within the regiment. Remarking that he had no sym.

It was issued by the War Office/pathy with this sort of fraud, bis The accused had stated that he had Worship fined the defendant $10 or not seen the document, nor bad fourteen days' hard-labour.

the position of the employer. This could not possibly be the case with

a civilian claiming against the police for wrongful detention. It was not a question of law at all, r

its contents been explained to him. It was stated in the course of the Dr. Tso pointed out that the two His only opportunities to examine case that employees of the Bus officials were in prison, with no it would have been during the short Company concerned were not issued charges preferred against them, time the commanded the Battalion, identification tickets, and the Magia during the period of the Chinese

mewhat due transporte de gamlirting lathis.cruien pe tween Buez and Hong Kong. Was example of bad organisation, es- **Their feelings, and use of it likely that he would do so on pecially as the employees wore no their familice, must have been either of these occasions 1

uniform.

terrible," he contended.

AGAINST L

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