1930-03-11 — Page 7

POLICE ATTITUDE TOWARDS

SWEEPSTAKES.

INSPECTOR GENERAL AS ARBITER: APPLICATION

TO GOVERNOR-IN-COUNCIL FAILS.

SWEEPS FOR CHARITABLE PURPOSES NOT. ALLOWED,

TWO CHINESE ASSOCIATIONS FINED.

Representatives of two Chinese institutions--The Chung Shing" Benevolent Society and the Association of "Suilamese-were fined by Mr. R. E. Lindsell yesterday, in connection with sweepstakes issued by these associations on the Hong Kong Derby.

Mr. T. H. King prosecuted and Mr. E. Davidson represented the Chung Shing Society. Mr. G. S. Hugh Jones was for the "Suilumess Association.

Mr. King replying to the Magistrate in the course of the case, stated that even if a club or association complied with all the re- quirements of the so-called Police regulations, they were still liable to interference by the authorities. In reply to another question as to whether the Inspector General of Police of the executives were the arbiters as to who should run sweepstakes, Mr. King stated that the Inspector General of Police held that power.

Mr. Davidson in the course of his address to the Bereh, stated that as soon as his clients received notification to withdraw their sweepstakes, they applied to the Governor-in-Council for leave to carry on, but the application was refused.

FULL REPORT OF PROCEEDINGS.

The Police Position.

THE HONG KONG DAILY PRESS, TUESDAY, MARCH 11, 1930,

"The Position Baems Uncatis».

factory."

Mr. Lindsall: Who is the orbiter as to whether sweepstakes are to be allowed, or disallowed! Is it the Inspector General or the execu- tives 1

Mr. King. It is in the hands of the Inspector General-

Mr. Lindsell: The position seems unsatisfactory

Mr. King: I agree. Our only object is to exercise reasonable con- trol,

Mr. Lindsell (to Mr. Davidson): I propose to impose a nominal fine of $10 for possession and.. 825 for keeping a gaming house.

THE SCILAMESE ASSOCIATION CASE.

SWEEP HELD FOR FOUR

YEARS

The case against the Suilamesa Association was then proceeded with Mr. Hugh Jones Addressing the Magistrate, anid

The circumstances with regard to the Association for which I ap- pear are very much, but not exactly, similar to the last case. This is purely a charitable association, as its name implies, for people from Sai Lam. The chief object of the Society is charity and naturally, from its origin, most of its charity is in Sui Lam but it has from time to time made considerable contai butions to the Tung Wah Hospital and other local charities. "

"For the past four years they have concreted a sweep on the Derby, and the proceeds received Mr. Lindsell: Do you wish to by the Association have been put address me, Mr. King?

in the general funds of the Asso. ciation, which general funds are for paying the expenses and for charit | able purposes. The President of this Association is Mr. Ho Ngek Laut, and the defendant, Mr. Chan Ngan Tung, is the compradore of the P. & O. Bank-both well-known gentlemen in the Colony who hold considerable positions. Everything has been conducted with the great. est frankness, and as they had held sweeps for the past four years with out interruption by the Police, they naturally felt that they were doing no wrong,

Opening the proceedings Mr. Lindsell said These two cases are quite separate and distinct, are they not? They refer to separate Mr. King: If your Worship Totteries and separate clubs f

pleases. As the outset I would state Mr. Davidson: I appear for Mr. that in neither case are the Police Lau Yuk Wan, manager of the asking you to impose an exemplary Chung Shing Society. My instruc- or heavy penalty. I must point tions are to plead guilty on both out however that the case of the charges. I would like your. Wor-Chung Shing Society is the worse ship to take into consideration the of the two cases. It is not at all circumstances of the case. My sub-permissible for any association, joission is that this is a matter on society or club to run sweeps on the which a merely nominal fine would | Derby or any other race even if be adequate to meet the case. they have "conformed with the con-

This sweep was commenced at the end of last year in the same way as sweeps were undertaken by many other clubs in this Colony. The in- structions laid down by the Captain Superintendent of Police in 1923,

are as follow

Iditions which the Police have stated. In 1928 the Chairman of the Chung Shing Society wrote to the thenSincere Company was heard, when Captain Superintendent of Police, now Inspector General, asking per- mission to run a sweep on the Derby

ERMLAND SUED FOR

$5,000.

CHINESE JUNK OWNER AS

PLAINTIFF

COLLISION NEAR WAGLAN, `

A collision between the motor ship Ermland and a fishing junk, resulting in the loss of the junk formed the subject of a claim at the Supreme Court yesterday before the Chief Justice (Sir Henry Gollan), sitting in Admiralty Jurisdiction with the Harbour Master, the Hon. Comdr. G. F. Hole, R.N.. (retired)

13 25563301.

TRAFFIC CASES.

THE ABSENT-MINDED

BEGGAR.

Abus driver was summoned before Mr. TS. Whyte Smith at Kowloon Magistracy yesterday for failing to give the usual hand signal when pulling-up. Traffic Sergeant Clarke who prosecuted, said that he was travelling behind the defendant's 'bus at the time and the vehicle suddenly pulled up dead in the road without giving the signal. When he asked the driver for his license he found that the man was unable to put out his hand as the window beside him was closed.

Mr. C. G. Alabastor, K., Magistrate explained that he was The driver, in answer to the structed by Mr. F. X. d'Almada, absent-minded! The Magistrate im appeared for the plaintiff, Cheung

Yau Kama, and Mr. F. C. Jenkinsed a fine of $1 instructed by Messrs. Deacons, was

A Noise Lover... for the Ermland, of the Hamburg Another driver was summoned for Amerika Line, whose, local agents causing annoyance by sounding his are Mesars. Jebsen & Company. horn unnecessarily. Sergt. Clarke The plaintiff claimed from the told the Magistrate that he heard defendant ship the sum of $3,000 as the defendant "playing" on the damages for the loss of the junk, as horn about 300 yards away in a result of the collision of Waglan Prince Edward Road. There were Lighthouse on March 23, 1939. no pedestrians and no traffic on the read at the time, but the drives kept on squeaking the horn.

In opening the case, counsel for the plaintiff stated that in answer to a set of questions the defendants stated that the collision took place at 6.40 p.m., the vessel being then between 1 to 2 miles off the Waglan Lighthouse. The direction of the wind was east, force 2, and tho weather was loggy. The sea was smooth with an easterly current of about two knots,

At 6 37 p.m. the course of the ship was altered to True South 42 East, upon which course she proceeded with engines running dead slow.

At 6.39 p.m. a fishing junk (not No. 7045) was sighted off the star- board bow. The engines were then stopped and the ship proceeded very slowly under her own way at a speed of about three knots. Im mediately afterwards fishing junk No. 61 was sighted almost dead ahead and at a distance of about 130 fret. The helm of the abip was

at once ported and her engines put full, astern. There were no lights on the fishing junk 764L when she came into view before the collision.

The statement went on to say that before the collision the ship re- gularly sounded a long, warning blast on her whistle every half minute, and that the bow of the Ermland struck the fishing junk amidships. It was contended that the fishing junk meglected to sound any fog signal until after she was sighted, and that when the ship had ported her helm to avoid the junk, the latter at the last moment went about across the ship's bows, thus making the collision inevitable.

The Magistrate, on being told. that there were no houses in the vicinity, discharged the driver with

caution. He remarked that drivers had made a habit of sound- ine their horns unnecessarily, and that they rather enjoyed doing it. He told the driver that he must not sound his horn unless it was neces sary.

Lady Driver Summoned, Miss E. Alves, of Kowloon Tong was summoned for leaving her car, No. 813, outside the Majestic Theatre in position which ob said that the car was parked near strusted the traffic. Sergeant Clarke the bus stop and prevented the buses from drawing into the side of the road.

brother, appeared in aaswer to the Mr. Fred Alves, the defendant's

gummons and said that the car was

ft for only a few minutes, while the driver did some shopping.

A fine of 83 was imposed.

THE TANDA AND ANKING COLLISION,

COURT OF INQUIRY TO BE HELD.

I am instructed to say that the regulations issued by the Folice in 1929 did not come to their notice until the recent case against the the regulations were read in Court. In one respect they have departed from one regulation. In previous years the commission which they Owing to tho increasing

raid was 20 per cent When the in order to raise funds for charit-Police.regulations were made public number of sweepstakes being organised by various clubs and able services and also to find part they decided to alter is this year to institutions in this Colony, Police of the revenue for the upkeep of 10 per cent. When these tickets were sold on the premises of the Sincere with such sweepstakes where the the club. The present defendant Company they were being sold there following conditions are observed; was not the chairman at the time by a man who was himself a men-

Where the sweepstakes are but it is on the records (or should be of the Association. Immediat organised by recognised clubs or

ly on the Police warning them, all institutions in which a deduction be on the records) of the Club. In activities in connection with this sail up, and it was admitted that the Kowicon Docks undergoing re

lottery were suspended until the situation could be cleared up, and

are instructed not to interfere

of not more than 10 per seat. is reply to that letter, a letter was made for running expenses.'

sent by the Inspector General of In the case of clubs organising Police the laat part of which was: sporting events on which they must regret that as this form themselves and other organised af sweepstake is amongst the pro- clabs run sweepstakes, the or- hibited to which attention has re- ganising club will be entitled to cently been drawn as being, pro- "deduct 20 per cent. for expenses. hibited, permission to run such Apart from the deduction of sweepstakes cannot be granted." 10 per cent or 90 per vent, as stated above the total proceeds must be devoted to prizes.

Tickets in all sweepstakes to be obtainable only in the club or institution, or from club mem- bers authorised by the club. No hawking of tickets or sale through agents and no advertisements of any kind to be permitted.

No lotteries or sweepstakes to be permitted for individual profit..

Management of club lotteries to be directly conducted by the club organising the lotteries. In all other caacs, action will be taken on the instruction of a superintendent," .

It would appear manifest to any body that if these conditions were complied with there could be no objection to the aweeps. The Chung Shing Benevolent Society conduct the sweep for the purpose of sup porting charity. The conditions are strictly adhered to. "No tickets were sold except to members' and 'Mr.

That was prior to the 1929 Derby and that letter must be on the re- cords of the Club. They had been. definitely refused permission to run the sweepstakes.

must ask your Worship to im- pose only a nominal penalty in this case. They are only too enxious to keep within the regulations so charitable funds. that they can make some money for

Mr. King Accepts Club's Statement,"

Mr. King: In this case I accept the Club's statement that they were not aware of the conditions that Further, the Police had occasion were laid down, although they had to visit the premises of the Sincere been published in the European and Company in connection with an- Chinese newspapers. Further the other matter to do with the sweep-Police do not wish to impugn in any stake on the Hong Kong Derby on way those responsible for the run February 15, and on the premises ning of these sweep tickets. I in one of the cashier's desk were would say this, that had this Club found a book of these sweepstake made any representation to the tickets. There were seven unsold Police, their application would have tickets in that book.

been refused. It should be made as plain as possible that it is not permissible for any association to run a race sweep. It is not per- missible for the Police to allow sweepstakes to be run for charity. Charity does not enter the con- sideration at all.....

We do not wish to make any im- putation against the integrity of the officials of the Club but the position is that this sweepstake was refused permission in 1928 and even as it was ran. this year, it was not run in accordance with the official ideas upon which sweep- stakes should be, ruo

Detence Suggest a Misunder standing.

Mr. Lindsell: Do I understand that the Police would have taken no action but for the fact that they were charging more than 10 per cent. N

Allegations By Junk Owner, It was stated on behalf of the junk that she was travelling in & north-westerly direction with her she carried no lights as it was still daylight.

A Court of Inquiry will be held Marine Court to-morrow (Wed- nesday) to investigate the circum- stances of the collision between the P. & O. s.s. Tanda and the B. & S. 5.3. Anking,

thick for in the early hours February 26. The Tanda is now in

The vessels collided during A

pairs, while the Anking is at Tarkoo

Docks.

The Marbour Master, the Hon. preside and the following cheers Comdr. G. P. Hole, R.N., will will make up the Court:-Lieut.

HMS. Tamar), Capt. D. Evans Comdr. L. G Addington, R.N. (s.s. Toucer). Capt. D. Lefevre Frame (as. Taiping),

s. Benreoch) and Capt. A. M.

On their part it was confonded that those on board the junk were blowing a conch horn and beating gong at the time. Just before the collision, they beat the gong and shouted to attract the attention of those on board the ship. The state- ment added that the junk sank immediately after she was struck. the Ermland under the following sunken junk, who is the plaintiff's

The junk made allegations against heads:-(1) that no proper lookout was kept, and these was neglect of Son, denied in cross-examination the precautions required by the that he turned his vessel round in- ordinary practice of seamen, and mediately before the collision. He the special circumstances of the stated that the junk became en- case, contrary to Article 29 of the tangled with the bows of the ship regulations for preventing collisions and it was some time before the at sea (2) not keeping out of the ship reversed their engines.

way of the junk as required by Article 20; (3) attempting to cross ahead contrary to Article (4) not slackening speed or stopping or reversing as required by Article 33; (5) not travelling at a moderate. speed in a fog, and not stopping her engines and navigating with caution until the danger of colli- sion was over na required by Article 16; negligently miscalculating the relative speeds of the two vessels; and (7) negligently trusting to be able to shave clear."

Another witness, the master of the

sister junk, said that they were which was to the east of Waglan. fishing off Ko Chau Island,

Witness was unable to estimate the distance between the two places, but on that day with the poor visibility and slow speed they took three hours to cover, the distance,

Ship Captain's Evidence. his evidence had been taken on com. Mr. Jenkin mentioned that all

mission" and proceeded to deal with it. The statement of Captain H. Comment By Plaintiff's Counsel. Mr. King: Our position is that Mr. Davidson: Perhaps Mr. King the Club should have been aware

Engell, master of the Ermland, way Lau my client, is here and has a will agree that the instructions of what has been published pre- ments, Mr. Alabaster said that the

Commenting on the two state- to the effect he was proceeding on book of receipts for tickets issued were issued after the applicationsviously, and it would then have official simset time on that day was Kong to Manila, having left port the day in question from Hong to members. In fact the Police in by the Society. I think the instruc-known that we would not have allow 6.36. It would seem from plain at 5.30 p.m. After dropping the structions have been complied with tions were issued in August where ed sweepstakes to be run... in every respect. Shortly after the as the application was made in Mr. Hugh Jones: I hope I did surred half an hour before sunset,

tiff's version that the collision oc- pilot at Cape Collinson, the ship lotteries were set on foot and some January, which might have convey not convey the impression that this while the defendant placed it four

ran into a fag, and it was decided of the tickets had been sold, med to Mr. Lau that he has com

to anchor somewhere between that clients were informed that they plied with the instructions.

Association was formed for the pur- minutes after sunset. Further, the point and Lam Tong Island. The posd of running sweepstakes.. Mr. must not continue. That put them

defendant had given no particulara engines were stopped, but the fog in a difficult position, as they had These regulations were published that.

Mr. King That in not the case. King's remarks rather indicated to the direction in which the becoming very dense, and it being received the money and although on August 8, 1028, and they were'

junk was sailing, and this point he found impossible to anchor owing they were prepared to tune in both English and Chinese news cub I take it. I impose a fine of Counsel also dealt with other dis- the vicinity, the vessel proceeded to, the presence of many junks in Mr. Lindsell: It is a recognised submitted was an important one. money there was a certain amount papera. Permission. was applied for 915" of risk the Society would incur by

crepancies pointing out that it was slowly to the north-east of Waglan. On September 17, taking such a.step many people Mr. Davidson said that the Club

merely mentioned that the ship At this time the fog, signal" was struck the junk amidships, - but | heard, but the lighthouse was not nothing was said as to whether she visible. At 0.39 p.m. the engines was struck on the port or starboard had been stopped because sider thi

gfficers and witaces who were keep- Mr. Alabaster continued that his ing a look-out heard a signal from submission was that the junk was a shell-horn, though they could not always sailing on a north-westerly see anything. The junk was next course and, never altered that direo-een about 150 feet ahead, and the tion up to the time she was struck collision, took place in spite of $11,000 on tho etarboard side.: Ele mention everything being done to avoid it.

2,000 ed that the other vessel referred to Argumenta on legal points were by the defendant was a sister junk, then tendered by Mr. "Jenkin, who 200 in company with which the sinken stated that he would make an at- junk had been fishing south-east of tempt to locate Ro Chau Island 200 Waglan. They were on their way which did not appear on the chart, 40 back to Hong Kong, hoth sailing He submitted that this was very im bo in the same direction with the portaal as explaining, the direction 01 sister junk ahead. Que lhe in which the junk was travelling st

Evidence for the plaintiff was the time. $13,500 then called. The master of the

:(Continued on next Column.):

had no control over members who

might suspect that something has gone wrong The whole thing i chose to hand their tickets to any absolutely above board and I don't body else to sell. He was referring think the Police will dispute that to the tickets found in Sincere's. As soon as they received the The Club can only see that mem- hotice that the sweep whs to be 'bers sign for their tickets. stopped, they addressed a petition Mr. Lindscil: Do I understand to the Governor-in-Council for leave that at present an institution which to continue this lottery, but this wishes to run sweepstakes of this was refused. Mr. Lau, my client, kind, even if it does comply with is only Aguring in this lottery as the so-called regulations issued 19 manager of the Society. The aweep months ago is still liable to inter was instituted for the Society, on ference by the Police? TO the instructions, of the Committee.. Mr. King Yes. The position is! In the circumstances. I would ask that any Club that is entertaining you to treat the matter Jeniently this idea should apply to the Police and to impose a nominal fine, These and find out exactly where it proceedinga naturally will be more stands. Scores of clube have ap than suficient to prevent any replied, and have been given definite currence of the offence.

answers.

ST. PAUL'S COLLEGE EXTENSION FUND. FURTHER DONATIONS.

The following further donations are gratefully acknowledged:

Already acknowledged Mr. Boo Chin Rev. and Mrs. E.

Martin...

Rev. and Mrs.

Stewart.

ML H. La Mr. Li Kai Taung Mr. Wong Tai On

the

The Court adjourned, until 10.30 a.nl to-day..

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