1929-09-04 — Page 9

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BATHING BEACH POLLUTION.

FLOATING REFUSE AND THE TIDES.

QUESTIONS AT SANITARY BOARD MEETING,

------

Replies were given at the Sani- tary Board meeting yesterday to a series of questions regarding the pollution of the bathing beaches at North Point and Quarry Bay by floating refuse

Mr. Wong Kwong Tin naked:

Has the attention of the Head of Sanitary Department been drawn to the comments in a Chinese news paper on the subject of refuse wnah- ed up on the North Point Bathing Beach in which it is suggested that this may be refuse removed by the Sanitary Department and will he any if in his opinion there is any truth in such a suggestion ?".

The President (fr. W. J. Carrie) replied as follows:-

No Refuse From Barges. "The articles in the Chines newspapers have been brought to my notice.

"I have consulted the Deputy Harbour Master regarding the flow of the tides in the harbour and it seems quite impossible for refuse dumped at sea by the Sanitary. De- partment barges over to reach North Point. "

"A chart of the Harbour is on view. Refuse is dumped off the island of Kau I Chau, the position having been chosen after "conmulta. tion with the Harbour Master, many

The set of the tides to-" years ago. gether with the low from the Can- top river normally takes the refuse down the West Latma Channel. A little may go down the "East Lammn Channel At certain states, of the tide the refuse at first travels North until it meets the river flow Even when it is swept out to men,

if it entered the western end of the harbour it could not reach North Point before the next tide would' sweep it out again. It has never bean seen cast of Stonecutters Island.

"I can think of no way in which refuse dumped at Kau. I Chau could reach North Point unless it encircled the island and entered by Lyemun, which, I think you will agrer, is, to say the least, unlike- ly."

B.C.A.A. Bathing Shed. Mr. M. K. Lo asked the following questions:-

In the Head of the Sanitary Department aware, that refuse is now being carried with the incom- ing tide to the bathing beach by the South China Athletic Associa- tion Bathing Bhed, Quarry Bay

2-Have any, and if so, what, steps have been taken to prevent refuse, which is removed for, dis posal in the open seas, from being: carried back to Hong Kong by tiden 1

3-If, in connection with auch steps, floats have been used to de- termine the current and direction of the tide earrings and such floats negative the theory that refuse is carried back by incoming tides, has the possibility of such wooden floats being picked up by fishermen for

se as firewood, etc., been taken into consideration, and in any case will the Head of the Sanitary De- partment investigate into the exist- ence of rubbish in the bathing bench above indicted

Mr. Carrie's replies wpre: ~-- 1-I understand that some refuse has been seen on the bathing beaches at North Point and Quarry Bay.

2-Tho' place of dumping was chosen in order to prevent refuse being carried back into the Har bour. I have every reason to be lieve that none

enters the Harbour.

now

Floats Experiments to be Renewed.

3. The experiments carried out with floats a few years ago may not have been conclusive because of the possibility suggested. I had intended making similar experi- ments this year with non-inflam- mable floats but illness prevented ma from carrying out the scheme. I will try and arrange for further experiments to be made next year.

From Junks and Steamers? The refuse found at North Point Bathing Beaches must have come, in my opinion, either from the large junk population at Shauki- wan, or from steamers entering the Harbour." A further possibility arose in my mind, namely Whitfield Dust Boat Station where a little refuse might drop into the sea in loading the barges until I remem- bered that this Station has been closed for repairs for over six months. At the new well designed Dust Boat Station on the Frayn East Reclamation I feel sure such losses of refuse are negligible. So that I am left with two possible "sources only, junks at Shaukiwan and in-coming steamers. I will bring the latter to the notice of the Harbour Master.

Arising out of the answers to his questions, Mr. Lo asked if as a matter of fact refuse has been found at the beach.

Mr. Carrie remarked that he had no reason to doubt it, but he had actually made no investigations into the point.

Mr. Lo then said that he hoped the President would cause enquiries to be made as to the presence of refund and, if so, see if the nuisance ennnot be abated by the Depart ment.

THE HONG KONG DAILY PRESS, WEDNESDAY, SEPTEMBER 4, 1929.

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END OF LENGTHY SHANGHAI CASE,

FOUND GUILTY ON TWO OUT OF THREE COUNTS BY JURY.

JUDGE'S SUMMING-UP TO THE JURY.

They had held their hand as they relied on the possibility of getting Their action was neither improper the money out of the compradors. nor impossible, as they were not anxious to prosecute being a mer

SHANGHAI, Aug. 29. Found guilty on two out of three charges in B. M. Supreme Court yesterday before Judge G. W. King and a jury cousisting of Mesars. W. B. Anderton, W. H. Gould-cautile concern and wanting the bourn, W. Gater, J. B. Watson, form their own opinion.

money. On this the jury had to

and M. Pearce, A. C. Townsend, managing director of Messrk. Townsend, Day & Co. was sentenc ed to one year's imprisonment,

The three charges were of the same nature, relating to returns given by the defendant to the Chartered Bank in February, March, and April of this year, of akins held in his godwn against a packing credit of over Tia. 110,000 allowed him by the bank.

It was alleged that the defen- dant made or published or concur- red in making or publishing these returns which were false, knowing them to be false, with intent to de- ceive or defraud the bank.

Mr. A. G. Mossop, Crown Ad socate, appeared for the prosecu tion, and Mr. E: L. Hartopp for the defence.

Counsel's Contentions, The hearing was occupied by counsel'e addresses, the judge's instruction, to the jury, and a de- liberation by the jury of one hour and minutes.

He emphasized that the jury had to confine their attention to the three charges, though a certain. amount of other evidence had been given. They were there to try the charges that the defendant, made and published statements which were false. to his own knowledge with intent to deceive and defraud the Chartered Bank.

In regard to the three charges ba Baid that the Crown must prove (1) that the defendant was a director; (9) that he published the state- ments; (3) that the statements were false in material facts; (4) that the defendant knew them tu be false; and (5) that the defen- dant intended to deceive or de- fraud the Chartered Bank.

be said there should be no dif- Dealing with points (1) and (2) culty in considering them proved... He reviewed the evidence accord ingly. So far as point (3) went the Crown asked them to say that the statements were false as to the aumbers of rabbit. skins and false as to the value of the other skina. The Crown Advocate took the He went on to define what a ma jury in detail through the evi- terial fact was in law, and con- dence which had been given, sumtinued to point (5). marizing Sgures and emphasizing Alleged Shortage of Skins, the discrepancies in the returni given to the bank, by the defendant

To deceive, ba. said, meant to and the actual facts as determin-

create a state of mind, and to de- ed by skin experts employed by fraud to take a certain course of action. The questions the jury the bank and the British Cham- ber of Commerce. He asked the had to decide were whether the jury whether they could believe Hatements were false in materiai that the defendant was unaware of facts, whether the defendant knew the discrepancies between the them to be falss, and whether goods in his godown and his refrand. He then reviewed the evi- there was intent to deceive or de-

dence in some detail.

turns, which at one time amounted to a lakh.

He held that the defendant must have known, and that his actions were those of a dishonest man. After going into further detail as to the evidence, be pointed out that the defendant had produced no documentary evidence to sup- port them, he said. After dealing with the charges separately, he asked the jury to have no hesita tion in finding the defendant guilty.

In his reply Mr. Hartopp read the charge and told the jury they should be satisfied that the state cats published. were false to the defendant's knowledge and made by him with intent to defraud. He said that there was absolutely no direct evidence regarding the first charge, and it was astounding to him that a jury should be asked to convict on nothing more than deductions.

He dealt at length with the evi- deuce regarding the other charges, pointing out that the absence of concealment by his client and his readiness to furnish explanations to the bank were proofs of his honesty. He also explained the money alleged by the defendant to be owed to him by the compradore, and the defendant's trust in his campradere..

The Summing Up..

>

In his summing up, Judge King said that he would not go into de- tails regarding the facts and the evidence, because of the long and full addresses of both counse) and the documentary nature of much of the ovidence, which the jury had before it.

Before touching upon the evi- dence, he outlined the history of

the case. The bank and the defen- dant entered into commercial re- lations', in 1926, and on January 31,098, the defendant had signed Trust Receipt, To October 1928 business relations had been ardin- ary, but thereafter the bank com- merced to reduce the overdraft.

So far as the first charge was concerned there was no direct evi- dence of a shortage in skins, and in regard to charge two and three the defendant had admitted the statements were incorrect, as ho confidently expected his Com- pradore to make good the def ciency..

So far as the evidence of the ex- perta Wis concerned the jury should consider that which was most favourable to the defendant, and His Lordship concluded by re-.. minding the jury that if they had. any honest doubts, not shrinking from the facts, they should give the defendant the benefit.

After an absence of one hour and 25 minutes, the jury found the defendant not guilty on the first charge, but guilty on the other two charges.

In passing sentence His Lord- ship remarked that he would not say much. The charges were very serious; they went to the root of commercial. morality in Shanghai. He regretted having to spoil any man's career, but on the evidence he had very little ground to be lenient. He, therefore, imposed a sentence of one year's imprison

ment,

Thurning to the jury he thank- ed them for their services in this very long trial, and exempted them from further service for a period of four years.

THE AIR MAIL FOR LONDON.

SIX DAYS SAVING ON MARSEILLES ROUTE.

that an air-mail for London will be The Postmaster-General announces closed at & p.m. on Friday, Septem

In February the defendant drew ber 6, and fortnightly thereafter certain cheques which the bank during the discontinuance of the

Siberian route, asked him to explain. In March the bank stopped the defendant usually effected (as against the A saving of six days in trammit is drawing on the overdraft, and on Marseilles route) but no guarantee April 4 they received "the return. from the defendant which was the be made. Letters must be posted can be given that connections will cause of the third charge.

In the middle of April the goods over the counter of the General had been transferred to a neutral Post Office and must be super- godown, and in May the defendant scribed "Air-mail" and fully pre- was asked for an explanation of paid at the rate of 20 cents per the difference between his returne half gunce in addition to the usual and the estimate given by the posta for letters. bank's expert. In June the bank

No insurance" will be availabia

had an interview with the defen- but letters may be registered. dant's ex-compradore, and as a to- sult the proceedings in the Police Court were commenced.

The Prosecution's Desire. Counsel for the defence had brought up the delay in bringing the charges, though the bank were well aware of the state of affairs in April they did not prosecute until the end of June or the be ginning of July. The defendant believed that if the money had been paid, nothing more would have been heard of the charges. In answer to this the jury had the evidence of two bank officials, that the matter had been put into the honds of their legal advisers in.

May.

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