1929-09-12 — Page 4

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THE HONG KONG DAILY PRESS. THURSDAY, SEPTEMBER 12, 1929.

ALLEGED COLD-BLOODED MURDER.

STRANGE VILLAGE CUSTOMS REVEALED IN

EXTRADITION PROCEEDINGS.

ابر

HOW ANCESTRAL FUNDS ARE "KEPT.

Interesting evidence with regard to the management of funds in certain Chinese villages was heard at the Central Magistracy yesterday when extradition proceedings were taken before Mr. E W. Hamilton against a Chinese named Lam Tong, who is wanted by the Chinese authorities on a charge of murder.

Mr. I.. K. Andrewes, Assistant Crown Solicitor, prosecutid, and the fugitive was represented by Mr. J. M. d'Almada Remedios.

ATTACK ON RENT COLLECTORS.

|

"

Did anyone beside yourself and your brother know of your intention to transfer this money from the temple to your house 1—Yes.

Who knew 1-Lam Kiu' and Lam Kau Tong.

THE DUTIES OF LANDLORDS.

MAGISTRATE'S STATEMENT

WHERE RESPONSIBILITY

BEGINS AND ENDS, ..

Mr. T. M. Hazlerigg, the Second Magistrate at the Central Magis tracy, has made the following state-

ment regard to the responsibility of landlords in the matter of letting basements either for workshops or for human habitation.'

The statement was as follows:- No General Right of Entry.

"My attention was called to an

Was there any moner left in the article in the Hong Kong Telegraph temple 1—No,"

which,, appeared likely to give rise to some misunderstanding as to a landlord's liability for letting base- ments for use na workshops or for human habitation or for allowing their use for those purposes. The article appeared to indicate that I held the view that a landlord could not be convicted en a summons for an offence under the Rection. Any ruling to that effect would, in my opinion, be entirely cqntrary to the purport of the Ordinance. Each case must, however, be judged on its own merits, on the facts as proved.

Did the fugitive know -He must have known since he belongs to the same village,

Outlining the details of the alleg ed murder, Mr. Andrewes stated that the deceased was shot on May 28 this year in Cheung Kam Village, Shun Tak District. On that day, the murdered fan, Lam Chan had been collecting rent with another man, who Wis alse murdered. While on their way back they were joined by Lam Chan's sister who had gone to meet them. As they were proceeding home, the defend- | Had there been any quartel be- ant and another man rushed out of tween the Lams about the disposal a lane and ran away after stealing of this money or its transference to a quantity of money which Lam your brother's house 7--No, Chan was carrying. Lam Chan's mister also ran away but returned later to find that her brother was dend. Mr. Andrewes stated that the defendant was arrested in Hongwere on quite friendly teras with Kong on August. 1o.

Evidence was given by a Chinese constable who stated that on |August 19 at 9.30 p.m. an informer pointed out the defendant to him

Had your brother ever quarrelled with the fugitive before 1-No. They were friendly -Yes. "And you say that these men, who

What actually happened at the hearing of an earlier case, was that I expressed disagreement with the views held by Inspector Faster that it was the landlord's duty to visit and inspect his premises and ascer- tain from time to time the use to You' suggest no motive but rob- which they were put. I took the

your brother, suddenly came along, pulled out weapons, took the money, shot your brother and then went off I-Yes:

in Reclamation. Street. Witnessbery —Yes. took defendant into custody and brought him to the Central Police. Station,

Mr. Remedios (cross-examining): You arrested him outside the Tai Sam Yuen restaurant 7-Yes, a few doors away.

Was he alone or was he in com- pany with others 1-I cap't'any. There were other pedestrians quite close to him..

Ancestral Accounts of Lam Olan,

A Chinese woman, the sister of the deceased Lain Chan theh went into the witness box. She stated that she came to Hong Kong be- cause she learned that the fugitive was here.

Relating the happenings of Kay 28, witness said that her brother was.

in charge of the ancestral accounts

objection that once the Inidlord has let his premises, and for the dura- tion of the tenancy for which he has

The Lam Kong Yuen Tong. Mr. Remedios (cross-examining): Tell us something more about Lamlet them, he has no general right at Kang Yuen Tong. You are a mem

all times to enter and inspect his ber of the Tong 7-Yes, I am

premises. He frequently reserves member.

by his agreement a right to enter at Your brother is also a member of times in order that he may see the the Tong Yes.

state of repairs, but it is unusuri Do you know Lam Kau Tong-to reserve a right of entry for the Yes.

purpose of other inspections.

Mr. Hamilton: He was the man who, she says, knew of the transfer- ence of the money.

Mr. Remedios (to witness): Lay the Lam Keng Yuen Tong 1-No. Kau Tong is one of the leaders of Is he an elder of the village 7-- No.

Is he a member of the gentry

"I also expressed the view that once the landlord had let the pre- mises he bad, for the duration of the tenancy, put it out of his own power to control the manner in which the premises, were used.

"Following on this, I discussed the interpretation of the words suffer and permit and expressed the view that the words connoted a power to hinder or prevent the ob Yuen Tong is about 820,000 a year icctionable act, and I furthermore pointed out that, in my opinion, it would be necessary to prove as a

No.

Is he a member of the Eam Kong Yuen Tong 1-Yes.

The income of the Lam Kong

of the Lam clan. The murder took-Yes. place near the Sze Fong ancestral

Was there any trouble about seven

Yuen Tong-No,

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DIOCESAN BOYS' SCHOOL CORRESPONDENCE.

AN APPEAL TO CAR- OWNERS.

TO THE EDITOR OF THE "HONG KONG DAILY PRESS."]

SIR,-In connection with the ap peal for the V.D.M.A. (St. Peter's Group) Annual Picnic for the Blind, which you so kindly published the other day. I wish to say that I have already received the sum of

tablet in the village of Lam Kayears ago regarding the Lam Kong fact that the landlord had know- 805 in donations, and the offer of

(Lam Family). Her brother" was al the time on his way home from the temple of the Lam family."

Mr. Hamilton I suppose that is" also the office. Whoever runs the accounts uses the temple.

Mr. Andrewes: I am sure I don't

know,

I put it to you that seven years ago there was great trouble over the Kong Yuen Tong -No. There was no" trouble whatever.

I put it to your that the members of the Kong Yuen Tong then divid ed into two camps-There is not

true.

I put it to you that the man who caused the whole trouble was Mr. Hamilton: I think that is Lam Kau Tong That is not true.

I put it to you that he collected vaual.

the money for the Tong for one Continuing, the witness, said that year and did not account for it she was walking with her, brother No. when the attack took place. Her | brother had at the time, a parcel of twenty-cent pieces which he was taking from the temple to his own home. He had $200 worth of coins these, being ancestral funds.

man

between the two camps, as a result And that a battle royal ensued of which your side (Lam Kau Tong's side) lost four members and the defendant's party lost three That

is not true. We have no enemies.

Mr. Hamilton (to Mr. Remedios): Are you pleading vendetta by any chance l

A Gambling Fracas? Mr. Remedios: No, Your Wor- ship. I say we were not there on

that occasion,

The fugitive and another man appeared in the street from the opposite direction, both produced. short firearms and the fugitive said, "shoot him." The other

Mr. Remedios (to witness): I put snatched at the parcel.edntaining it to you. that your brother was shot the money and it was the fugitive in a fantan shop-There is no gam-

bling in our village.. that shot Lam Chan. Witness added

Do you know Shun Hing Lung that she later catablished that her firm Yea. brother had received six bullet wounds and the man who snatched the money also used his gun.

A man who was passing, at the time was also shot" and died later,

The incident took place at about

ledge of the wrongful use.

When Conviction in Possible, From this it was apparently thought that I held the view that the landlord could never be convict

six cars. Such a generous response is most gratifying, but as there are at least 30 blind girls to be trans- ported to Shek O, we still need more cars. After the picnic. has been held I will send you a detail- ed under the section. He undoubted acknowledgment of donations edly can. He might, for instance, and offers of cars. Trusting you will find space to publish this let- expressly let for a specific purpose ter, and thanking you for your co which the law proscribes: he might operation in this appealYours, by the express terms of his agree- ctc., ment let à basement for use ne a likely to let in such circumstances workshop. He is, However, more

that the law will infer that he let for use for the specific purpose which is prohibited. Perhaps the best instance would be where a landlord let the premises oor by floor and knowing that the base TO. THE EDITOR OF THE HONG KONG ment had been occupied for pur poses of habitation by a succession of tenants, re-let without taking any precaution against continued user in

that manner.

"There was just such a case be- fore me and it was further proved that the tenant was a woman who, when she came to take possession, must have been seen by the agent to have with her those household impedimenta which clearly indicat That is a fantan shop, is it noted an intent to use the basement for habitation. In such a case I No, they are grocers.

should have no hesitation in convict-

Did they carry on a fantan busi- nces at any time 7-No.

Is your brother in the habit of carrying $200 in coins under his arm 1-Yes.

How was it parcelled 1—It was

6 pm, on May 26. The next morn-wrapped in a newspaper. ing, she heard that the criminals were no longer in the place when she was going to the Sze Fong tablet. Her brother's body had been taken there but the other man, who was shot, had been removed be- fore her arrival.

Witness added that she had known fugitive for over twenty Mr. Hamilton: Was your brother armed 1-No.

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Were you armed No.

Why were you taking this $900 to your house 1-The money was to be kept in my brother's house as he was in charge of the ancestral funds.

That is rather unusual? Mr. Hamilton: A newspaper will wrap up anything including the pro- ceedings in Court. (Laughter.) ́-

Mr. Remedios (to witness): Were you aware that Lam Kau Tong had dinner with the fagitive on the night of the arrest ?—I was not.

ing..

The Landlord " Jan Transgress,""

"I do not think that the landlord is ordinarily obliged to impose re- strictions when letting his premises, for he is entitled to assume that his tenant will not break the law; but, on the other hand, if it is brought to the landlord's knowledge that bis premises are being need in a manner prohibited by the section, and if, after he has acquired that knowledge, he has the power to Were you aware that he had been determine the tenancy but fails to asked to go there to arrange a do so, then I think he has suffered settlement with regard to the trou- or permitted the continued wrongful ble of several years ago -I was not. user of the premises and can be

Do you know that your party ap- convicted. pointed Lam Kau Tong to represent

"I do not want it to be thought you in the, settlement and that the that I made any ruling that a land- fugitive was appointed to represent lord cannot transgress against the the opposite party -No. There provisions of Section 45 of the Or- have never been two cliques.

dinance. He can, and frequently The hearing was adjourned. does, do so.

17

N. V. HALWARD. Bishop's House,

St. Paul's. College, Hong Kong

STAFF BONUSES.

DAILY PRESS."].

Sin, With reference to Mr. Man- cini's letter under the heading of "Staff Bonuses," night I ask if any of your readers would be kind enough to state what is the usual period that employers of a Euro- pean Company have to wait before receiving any bonus that may be awarded to them at an annual I have always general meeting? been under the impression that, this should be paid at the same time, as dividends, but perhaps I am wrong.

Yours, ets.,

INTERESTED.

Hong Kong, Sept. 11.

TUNG WAH EASTERN HOSPITAL APPEAL.

CONTRIBUTIONS ACKNOWLEDGED.

The Tung Wah Hospital bega gratefully to acknowledge the fol- lowing further contributions:-

Mesars. British-

American Tobac co Co. (China), Ltd.. Messrs. Douglas,

Laprik & Co.....

500

200

(Continued on next Column.)

"AND ORPHANAGE.

'DIAMOND JUBILEE ENDOW. MENT FUND.

In connection with the sixtieth birthday appeal and commemora tions the following donations have been received:-- Fourth. List

Mr. Henry Humphreys... Mr. A. K. Grondahl .... Mrs. M. E. Grondahl...... Mr. C. E, H. Beavis ... Dr. W. B. A. Moore...... Miss E. Hayward Mr. P. W. Parker Mr. W. C. Felshaw

Mr. S. R. Jones Dr. D. J. Valentine Mrs. Ellis... Mr. Cheung U Pui Mr. M. K. Lo

25.00

3.00

5.00

25.00

25.00

10.00

10,00

25.00

5.0200

25.00

5.00

5.00

25.00

Rev. C. I. Blanchett

10.10

Interest at 2 per cent.

4.00

Hir, Chay Lại Chơi A.B.C.

10,00

10.00

Mr. Lam Woo

5.00

Mr. Chin Wah Moon ...

15.00

Mr. Tin Ching Kong

1.00

! Lau

10.00

Mr. J. H. Chung

10.00

2.00

5.00

120.48

10.00

10.00

(£1.1.0)

10.47

Mr, F. A. Carr.......................(£5) ·

49.8%

100.00

(Formosn)"

300.00

8.

877.92

12,020.00 1,520,00

1,358.00

X.Y.Z.

A Friend

Mr. W. P. Keswick

(taels 100)

Mr. H. J. Howard Mr. W. J. Howard Mr. R. C. Chance

Mr. G. Piercy Mr Lim Ski Kung

First list

Previously acknowledged:

Second list Third list

Total.

.810,875.92

Of this amount $3,250 are for buildings and the balance $13,155.09 for the endowment fund.

100

150

Messrs. Imperial Chemical Indus- trice (China), Ltd...... Mesars. Percy, Smith, Beth & Fleming Further donations from Chinese subscribers, which are being neknowledged in the Chinese Press

17,180

$18,000.00 Amount previously se

knowledged............ ... 430,324,01

8446,324.81