1930-03-21 — Page 7

SINGAPORE J.P. IN COURT.

CHARGES OF SMUGGLING 2,500 TAELS OF OPIUM.

EX

WHY DR. KOTEWALL GAVE HIS CARD TO DEFENDANT.

As Central Magistracy yesterday, Boey Kwok Leung alias Mui Kwok Leung, a Justice of Pence of Singapore, was charged before "Mr. R. E. Lindsell with possession of 1,15% taels of pre- pared opium, 1,355 taels of raw opium and with attempting to export the drug.

Mr. J. D. Lloyd, Superintendent of the Imports and "Exports Department, prosecuted, and Mr. D. L. Strellett defended.

The prosecution called the Hon. Dr. R. H. Kotewall who stated that some six months ago he had given his visiting eard to the defendant in order to enable him to obtain exemption from The defendant, it was stated, search while on a trip to Canton.

was introduced to Dr. Kotowall by Mr. Ho Leung, the Com→ pradore of Messrs. Jardine, Matheson & Company,

ARREST ON THE WATERFRONT.

The defendant was arrested on March 1: "A Chinese revenue officer, who had received information, shadowed defendant and arrested him after he had left the Empress. Hotel and had almost reached the Po Tak Wharf. The revenue officer demanded to search defendant's luggage, whereupon the latter is alleged to prive produced Fe. Kateyall's card and claimed exemption. The laggage, however, was eventually searched and the opium was dis covered..

{་

Mr. Lloyd gave an interesting cutline of the case, which is fully reported below.

CONVERSATIONS ABOUT SEARCH OF

CHINESE.

Dr. Kotowall's Evidence.

There have been occasions in the The Hon. Dr. R. H. Kotewall, case of visitors to the Colony,

The impression one gets from C.M.G., giving evidence stated that he recognised the defendant and 31. Lloyd's conversation is that also identified a visiting card pro, the defendant visited you in June duced by Mr. Lloyd ns being his last for the purpose of discussing (witness) visiting card. The card this exemption from search 7. That bore witness' writing to the effect was not your impression-No. I that the bearer of the card was' did not get that impression, Mr. Mui Kwok Leung, J.P., of

***Candid " Words About Starch. Singapore." It also bore Dr. Kote- wall's signature.

Would you go so far as to say that this matter of search was ab solutely incidental-it was men- tuned in the course of converan.

Mr. Lloyd: Will you tell his Worship the circumstances in which that writing was made on the card

Dr. Kotewall: About six months ago the defendant was introduced to me by Mr. Ho Leung, com pradore of Messrs. Jardine, Mathe- son & Co., as being a prominent merchant and publie man in.

Mr. Lindsell: I can't really take what Mr. Ho Leung told you De- fendant was introduced to you?

Dr. Kotewall Yea. Mr. Lindsell: On the strength of that introduction you gave him your card -Not at

ance. Not until he mentioned to me the incor venience of being searched on board ship.

tion.

་

You did not get the impression that he attached much importance to the matter at the time-He did not seem to be keen.

May. I suggest that, in fact, the question of exemption may have come from you yourself -I cannot remember the conversation, but na a result of the discussion-he had mentioned the inconvenience of search in the presence of Mr. Ho Leung 1-I telephoned.

Did he seem to know that you were able to get him exempted No, he did not,

Mr. Lindsell: Can you remember. whether this question of exemption came from you or from him - mentioned that it would not be difficult to get exemption for a special trip.

You yourself might have mention- ed the matter first - might have

He spoke of the inconvenience" of being searched on the Colony's wharvesYes, he also said he was going to Canton that night. This led to me telephoning to an Assist ant Superintendent of Police, either Mr. Bonth or Mr. Perdue, l'cannot remember, and as a result of the telephone conversation, arrange- done. ment was made that my card bear- ing the name of the defendant was to be produced to the European Police Officer on duty at the Can ton Wharf that night and defendant would not be searched.

Card for Ons Trip Only. Mr. Lloyd: Was the card in tended to be kept by the defendant after presentation to the Palico Offeer on duty -No. I did not intend him to use it for any other purpose except for that one trip to Canton.

Mr. Lloyd: Do you think or do you know whether the defendant understood that that card was for use for that trip only 1

Mr. Lindsell(to witness): Did you tell the defendant that he was to use it for that one trip only i

Witness: My impression was that he was to present that card to. the Police Officer who would be there that night.

Mr. Lloyd: Subsequent to that interview did the defendant come to see you again -Yes, he did. According to my diary he came to Hee me some time in December on a friendly visit.

|

Do you remember saying on that occusionBy Jove, there is some body else I promised to see if could help!" and then you turned to look at your diary I may have but I don't "remember it now.

You have made this clear, that in his presence you telephoned to the Police -Yer

And he, of course, heard what you said 1-Yes.

The defendant speaks English - Yes.

Good English -Quite good; air. The defendant know then that in addition to the use of your card, in order to obtain exemption it would be necessary to communicate with the Police -Exactly,

He must have realised that your card alone would have been of no use 7-Absolutely no une.

He must have realised it 1-Yea. In December he visited you. What did you talk about then The conversation was a general one. about Singapore and Hong Kong and general public matters.

Nothing was said on that occa sion about exemption 1-No, not a word.

Did he ask you for another card i

And subacquent to that -About-No. five or six days before his arrest During his Inst visit he spoke of he came to see me on his return the search. That is, in spite of from certain places in India but I your card, he was complaining am not sure of the place,

about it Yes.

Can you remember any conversa. tion or request he made to you on

THE HONG KONG DAILY PRESS, FRIDAY, MARCH 21,

1930.

RANSOM CASE AT ROUND THE COURTS.

SESSIONS.

AGREEMENT WITH PIRATES

NOT PROVED.

ONE MAN GUILTY OF USING

THREATS..

-Com

The facta of the case, said Mr. Lloyd, were that Detective No. 9 had received, certain information, and a description of a certain per sun which led him to keep a watch on the Empress Hotel os the early morning of March 1. The Chinese: detective "made arrangements with Hevenue Officer Ward to stand by.

The defendant was seen to come out of the Empress Hotel accou panied by a boy on the staff of

Police evidence of arrest was the Sam Tick Boarding House and coolies also engaged by the hotel | given at the Criminal Sessions yes The coolics

were carrying six trunks or valises which were sub-terday when the trial of two men on charges alleging a conspiracy sequently found to contain opium and four other small suitcases, with pirates in the negotiations for which were more like attache cases

ransom of a passenger (Hui Hau and a typewriter. The detective followed the defendant along the Tak), kiduspped from the s... Deli waterfront. Near the Po Tak Mara, was resumed before the Chief Wharf he met C.R.O. 35 arst Justice (Sir Henry Gollan) and

jury,

Mr. H. Somerset Fitzroy prose- cuted for the Crown, and Mr. Leo

by

class Revenue Officer who was in charge of the beat there. The de tective stopped the defendant and explained that he wished to search the baggage. Defendant is then alleged to have produced Dr. Kote-d'Almada, jumy instructed wall's, card and after a certain | Messra, Geo, K. Hall Brutton and amount of argument the Revenue Company conducted the defence. Officer said that it was not in exemption from search. The de- tective then went away to telephone for Revenue Officer Ward whils the Chinese Revenue Officers stay- The Intter ed with defendant. asked for permission to telephone to Dr. Kotewall and this was grant; ed him. He spoke in English and the impression the Chinese Revenue Officer got was that he received a reply to the effect that Dr. Kotewall

was still in bed,

There were two counts in the in- dictment against Lo Ming and Chan Chung Nam alleging a con- Spiracy with others unknown to detain the kidnapped man and ob taining $11,600 as ransom money. The first accused had to face an- other count of threatening to do injury to the kidnapped man.

Second Accused Discharged. After the close of the Crown case, the defence intimated that the "se-

The defendant then went back to the spot where his baggage had been detained and by that time Revenue Officer Ward had arrived. On lifting up one of the bags, R.O.cused preferred not to give evidence Ward found it to be extremely

from the witness-box. His Lord heavy and his suspicions being int a manner confirmed, he broke upen ship then asked Mr. Fitzroy to the bag to find that it contained explain further the case against opium:

The defendant was then taken to the Revenue Office and Mr. Lloyd was telephoned for. Mr. Lloyd said he went to the office at once" and in the presence of the defend- ant opened all the bags. Air. Lloyd explained that when C.R.O. No. 0 first saw the defendant the latter had said that he had not got any keys for the bags, but when he was taken to the Revenue Office he pro- duced two bunches of keys, one of which he said belonged to him, and the other he stated he did not know anything about. The second bunch contained keys which open ed all the bags.

Mr. Lam Tin Yau! Mr. Lloyd went on to say that the defendant next produced a been letter purporting to have written by a Mr. Lam Tin Yan asking him (defendant) to take his baggage to Singapore for him. The letter stated that Lam had booked a paskaged by the Macedoμís and that he was unable to go. Defend- ant was then told that before the Revenue Officer would take any further steps in the matter, they would be prepared to try and sad Mr. Lam but defendant is alleged to have said that he did not know Mr. Tam very intimately, that the man was just an acquaintance and that defendant had only met him on the President MacKinley while travelling from Shanghai to Hong Kong.

Defendant was pressed upon this point but could not give any fur- ther information about Mr. Lam. He pointed to the labels on the suitcases but on examination the Revenue Office: Found that in most the labels were fictitious. cases There was a label which showed a certain bag to have travelled on the President Lincoln from Singa pore to Hong Kong. Enquiries showed that the beat had never An Empress been on that run. bout label was similarly found to be wrong in the matter of dates, and a reference to the passenger list of the Empress of Asia on the dates nearest those shown on the labels failed to show Mr. Lam as

a passenger. Mr. Lloyd added that the trunka bearing these various labels appeared to be brand new.

When the cases were seized a large basket of vegetables was also impounded. This, the defendant claimed as his property. The evi- dence which the prosecution intend ed to call from the Hotel would show that the basket of vegetables arrived for the defendant at the same as the six bags.

After evidence had been given by Chinese Revenue Officer, the hear ing was adjourned until Monday

the last occasion you saw him other favour in connection with the next.

In the Course of conversation, general and friendly, he said quite casually that it was very incon- venient to be searched on coming

And as you mentioned quito fairly, he did not ask you for an- search --Ea did not pursue the matter after, he had heard my re- marks.

You perhaps have heard stronger

into or going out of the Colony. I protests from other people in regard said that the Police were very to these searches 1-Yea.

strict in granting exemption per: mits and that I recommended the issue of such permits only in ox- ceptional cases. The defendant did not ask me to recommend him for one and did not pursue the matter any further

STORY OF THE ARREST.

Tell-Tale Weight of Baggag". Outlining the case against the Mr. Strellett (cross-examining): defendant, Mr. Lloyd said that he I may assume that the defendant wished to draw his Worship's atten

་་

AUSTIN 7 AND LORRY COLLIDE.

CHINESE LADY HURT.

At about 2 p.m. yesterday a motor secident occurred at the junction of Ship Street and Praya East, caus- ing serious injuries to a Chinese lady.

A small Austin 7, Car, No. 1359, was being driven by Mr. Wong Kwing Cheung along Praya East-

is by no means the first person who tion to the amendment made this -has-diseassed-with-you-the-ques-year section 38 of the Opium in westerly direction. Lorry No.

#

tion of search on the waterfront 1 Ordinance where it related to the 1359 came out from Ship Street He is one of many.

presumptions which was to the and collided with the smaller car. And it is matter which might effect that any person who was The latter's windscreen was smash- in the case of persons visiting this proved to have in his cossession ored and the lady sitting beside Mr. Colony-I mean Chinese gentlemen under his control anything contain- Wong was cut about her head by of means enter into your conver- ing opium was, until the contrary the flying splinters. sation on any occasion! You often was proved, deemed to be in posses. reler to this question of search ?-sion of the opium.

The ambulance soon arrived and the lady was taken to hospital,

the second accused.

Counsel pointed out that the man was in possession of $1,800 which was part of the money paid over

A MAN OF MYSTERY."

Three months hard labour was the sentence passed by Mr. T. S. Whyte-Smith at Kowloon Magis tracy yesterday on a Chinese who obtained 830 by fraud from a Chinese woman, whom he met in Austin Road.

a

Detective-Sergeant Poyutz said that the defendant claimed to be and satisfied man of mystery the woman that he could show her bow to make a fortune. Ele thea gave the WomKn some hidden characters" and asked for 830 in the complainant opened the envelope she found four other envelopes with nothing in themt The woman reported the matter to the police and two days she saw the culprit in Youmati, where she had him arrested.

return...

When

SAVE US FROM OUR FRIENDS!

A fine of $7,000 (or six months' imprisonment) was imposed by Mr. Lindsell yesterday, at the Centrai Magistracy, on a Chinese for being in possession of 901 tacks of raw opium.

Revenue Officer Crimmets "itated that the drug was discovered in a hox with a false bottom when a raid was carried out on the first floor of 17 Cross Street.

The defendant asked for leniency and said that the opium was left in his room by a friend, who pro mised to take it away later, but did not, do so,

"

HORRIBLE CURSES!

A former employee of a Chineso Hotel, who was discharged for mis- behaviour was before Mr. A. W. G., H. Grantham at Central Magis

tracy yesterday for intimidation.

The defendant was charged, in company with a 17 year-old lad who wrote a letter dictated by the de fendant, to the manager of the Hotel threatening him, and express-

to the first accused. Further thating a pious hope that he would be the man had been living in the same stricken with consumption. boarding house and took a part in the negotiations."

His Lordship pointed out that the second accused was not charged with receiving stolen money. The charge was, conspiracy in the crime, and his Lordship held that no evidence Ead been brought by the Crown..to support the charges of conspiracy. After a short consultation, the jury found the second accused was Lot guilty, and his Lordship there upon directed that the prisoner be discharged.

Dealing with

the conspiracy charges against the first accused, his Lordship held. that the "Crown had not proved the existence of an agreement between

the defendant, adding that he con- The Magistrate sternly rebuked sidered the letter to be more foolish than wicked. Ho imposed a fine of $25 or three weeks' hard labour on the defendant and ordered the boy to receive nine strokes with the birch.

MURDER CHARGE.

Further evidence was given before Mr. T. S. Whyte-Smith at Kowloon Magistracy yesterday, in the case against four men who are charged in connection with the murder and robbery of an old man living at No. 3, Shapo Road, Kowloon City, on February 15.

Mr. L. R. Andrewes, Assistant Crown Solicitor, conducted the case for the Crown. Evidence waLA the priscneriven by Dr. E. P. Minett, the and the pirates. 'It had also to be Government Bacteriologist, Detec proved that the parties in the con- tive-Inspector C. P. Fallon, and spiracy were within the jurisdier, W., la Bart Sparrow, A.S.P., tion of Hong Kong.

who gave evidence of the identifica tion parade.

Mr. Fitzroy contended that if one party was in Hong Kong, it would be sufficient for the case. As to na agreement being in existence, he retted on the evidence of witness who had said that the first prisoner had told them that he was "a re- presentative of the men on the bills."

་

The hearing was adjourned for one week.

AIRMEN IN MOTOR SMASH.

His Lordship said that that would AN EARLY MORNING MISHAP. not be sufficient. Unless the other

Aircraftsman

Corporal Town, party was also in Hong Kong, a letter or other evidence had to be Cox and Lance-Sergeant Stretton brought to show that the party in of the Eai Tak Aerodrome were Hong Kong communicated with the involved in a motor accident in the other party outside it. Such evid-carly hours of yesterday morning ence would then be equivalent to and all three men were removed to bringing the other party within the the Kowloon Hospital, where they

received treatinent and were dis jurisdiction.

charged, later in the day.

Counsel replied that he had no other evidence beyond that which had been given at the trial.

It appears that the nien were on a "motor-cycle (the official report In his speech for the defence, does not say if it was a solo or side Mr. d'Almada, dealing with the car machine) driven by the aircrafts- third charge against the accused man and were proceeding along of threatening to do injury, said Nathan Road in the direction of that no evidence had been brought Prince Edward Road, on their way by the Crown to prove the charge. back to the R.A.F. Base at Kai Tak. The words spoken by the first ne- The machine collided with a rick cused could not be construed as besha and while the ricksha coolie

ing an indirect threat, and counsel only sustained minor injuries, the submitted that the accused acted .AF men were all rather severe- with the best of intentions and inly bruised. the welfare of the kidnapped man. The brief police report states that Other than a remark made by the the mishap occurred at about 2 accused, there was no reference to even an indirect threat.

Ok, no

Sentence of Three Years' Hard Labour, After an absence of ten minutes, the jury returned verdicts of not guilty on the first two counts and. guilty on the third count.

Addressing the prisoner,

his Lordship said-You have beca found guilty by the jury and I am in full accord with their verdict. I think you allowed yourself to he made the instrument of these pirates and kidnappers in trying to extort money from Hui's friends in Shanghai. The offence of trying to extort money by threatening a friend with injury is very serious indeed.

His Lordship then dealt with the charges of conspiracy against the prisoner and directed the jury to return a verdict of not guilty. The Judge then said that the third count required very serious con- sideration. The "Shanghai.. men came down to make negotiations with the representative of the kid nappers, and it turned out that the representative was the first ac- cused. He thought it was unfor- tunate that the accused had not given evidence, as the Court, would then have been in a position to hear his own account of the story. After a reference to the evidence of witnesses as to threats used by the accused, his Lordship said that the evidence of the Shanghai man was more important than that of Chau Maa King, as the former had stated what he was told would hap pen if the money was not paid be fore China New Year. His Lord- Prisoner, on hearing the sentence, ship held that there was evidence asked to be allowed to make a state sufficient to bring the accused with-ment, but his Lordship directed in the section under which he was the interpreter to say that he could charged.

not be heard at that stage of the „(Continued on neri Golumn.) Case.

The maximum sentence for this offence is five years' hard labour, but the sentence I am passing on you is three years' imprisonment with hard labour.

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