1930-04-02 — Page 7

STRAITS J.P. ON OPIUM CHARGE.

MR. LLOYD GIVES EVIDENCE ON INSTRUCTIONS TO REVENUE OFFICERS.

DISCRETION AS TO, "FIXING

POSSESSION."

The case in which Mui Kwok Leung, a Straits Justice of the Peace, is being charged on three counts of trafficking in opium (two aro for possession of the drug and the third for attempting to export it) was continued at the Central Magistracy yesterday be fore Mr. R. E. Lindsell,

Mr. J. D. Lloyd, Superintendent of the Imports and Exports Oce, who prosecuted, was himself in the witness box and gave some interesting information as regards instructions issued to Revenue Officers when searching luggage. He was subjected to a close cross-examination by Mr. D. L Strellett, who appeared for the defendant.

CROSS-EXAMINATION OF REVENUE

OFFICER.

Mr. Lloyd, giving evidence, stated. Mr. Strollett (cross-examining) : that Revenue Officers had received You referred to instructions given specific instructions with regard to to Revenue Officers for general search on the water front. Officers conduct. Are they written instruc. have strict orders not to touch tions or verbal instructions! They outward going packages unless they have been written, but I cannot tell had strong suspicion, or definite in-you whether any copies are still in formation, that "the packages con-existence. tain contraband... Neglect of these orders would be severely punished. Revenue Officers had also been given strict instructions that when passen gers who objected to search should bo brought at once to the office.

The orders also were that any per- son detained on suspicion should not be allowed to communicate with persons outside. I am unable to offer any explanation as to why the last two orders were disobeyed in this case," added Mr. Lloyd.

Witness continued said that when he arrived at the Revenue Office ho found defendant with Revenue

4.

+

"As far as the instructions are con- cerned has there been any amend ment recently ?-No.

You referred in your opening to the amendment of the Opium Ordin- ance, which has recently been brought into force i-Yes.

Do you agree with me that that uniendment makes the position of the defendant considerably more difficult I should like to put it an other way.

The position of the prosecution is htly easier. That is the only way a possibly look at it.

You think the structions" to Revenue Officers require no altera. tion in view of that amendment - No.

The Man In Possession.

legislature.

Officers Ward and Grimmitt, and! You realise, Mr. Lloyd, that the chief point about that amendment several Chinese officers and a youth' is to thrust a very heavy burden on named Chan Kun. The luggage in the person who is in possession of Court was in the room and also, the opium? That is the object of large basket of vegetables and fruit, the amendment, is it not I can't The defendant acknowledged part say what the object of the amend of the luggage ter and then randment is. That is a matter for the

to be his property. ed witness certain documents among Ir, Lloyd went on to say that them being a first class ticket for the .. Macedonia, which was due to sail for Singapore on that day. The ticket was issued to . L. 3oe which is stated to be defendant's name. There was a receipt for a room in the Empresa Hotel, two visiting cards bearing the names of two Singapore officials, one of Sir Shou-sor. Chow, in unmarked card of the Hon. Dr. Kotewail and also

one of Mr. Stockley, British Vice- Consul at Canton. There was also defendant's passport, bearing a visa for Hong Kong, the plate being given as May 18, 1028.****

it was possible that the legislation was amended following a recent prosecution, which failed, against a man who was alleged to have sent A consignment of opium to Manila. The opium was seized at Manila, but the defendant, who went to the shipping company in Hong Kong in connection with the consignment was discharged.

In answer to several other ques- tions pat by Mr. Strellett, Mr. Lloyd said that he did not consider that Revenue Officers needed to be more cautious than before with regards to tracing the movements of a con- signment of opium.

The Trail.

THE HONG KONG DAILY PRESS, WEDNESDAY,

TAXI IN HARBOUR.

FIVE PERSONS TRAPPED

UNDER WATER.

"FINE RESCUE WORK BY INDIAN AND EUROPEAN,

serious accident, in which furtunately no lives were lost, accurred shortly after midnight yesterday when five people were trapped in a taxi which fell into the harbour near Murray Pier. It was only by courageous rescue work the part of an Indian policeman that all were saved. The policeman | himself get into difficulties and was in turn rescued by Mr. W. V. Field, who was also instrumental in rescu- ing the driver of the taxi.

ΟΠ

The occupants of the vehicle were Mr. A. Xavier (21), and the Misses Mary, Angolina, Madelina and Esther Xavier, all living at 34, Queen's Road East...

According to an official report, the taxi was approaching Jackson

when it collided with a traffic Rond, going along by the seawall,

standard. The driver received in juries to his band, after colliding with the standard, the vehicle sharp ly rebounded and travelled a dis- tance of about 200 fees before it finally shot over the sea wall.

It sank immediately imprisoning the occupants in the cab."

Courageous Indian Constable.

duty at Statue Square, quickly PIC. Burda Khan, who was on leaped into the sea and released those of the party cooped up within the vehicle, and in doing so got into difficulties himself, and when taken out in his turn was in the same distressed condition as those whom he had rescued.

At this stage Mr. W. V. Field, an official of the Peninsula Hotel, who happened to be in the locality when the mishap, occurred dived in the harbour and was the means of completing the rescue of the un- fortunate party, including the driver and the policeman.

The passengers were in the last stage of exhaustion, and first-aid had to be applied in two cases. Mr. Field worked asiduously in bringe ing round one of the giria, whose life had been first despaired of, and after 20 minutes, saw his efforts re- warded. She recovered conscious ness, and was well out of danger before she was removed, with the others of her family, to the Govern ment Civil Hospital.

ای

First Aid to Rescuer. distressed condition, when he was P.C. Burda Khan was in the same taken out of the water by Mr. Field. First-aid had also to be applied in his case before he recovered.

It was at first thought that a small boy was drowned in the accident, but later it was ascertain- ed that this report arose through

The taxi was retrieved from the water in the course of the morning

Lam Tin Yau-the Untraced. Defendant stated that the six Mr. Strellett: In other words a mistaken reference by one of the

(which large valises

contained they are perfectly entitled to neg-party. All five members of the opium) belonged to a friend, "Lamlect or omit to fix the trail of that family were reported, this morning, Tin Ya. He also handed witness opium back from the person who is to be recovering at the Hospital letter purported to be sent to ultimately found with the opium, from the shock of their experience. him from Lam. The letter was to because the last man is responsible the effect that the writer had been for that opium? That is your view suddenly called into the country to-Yes. see his sick mother and requested that defendant should bring his Do you realise what you are luggage to Singapore. Lam had also saying? That the Revenue Officers previously booked a passage on the are entitled to leave the trail of 3.9. Macedonin for Singapore."

that opium so long as they can fix Mr. Lloyd had the large valises somebody with the possession of opened and found the contents to it 1-1 did not any they were entitled he Red Lion prepared opium. This to do so. I only any that the onus brand of the drug, it was stated, is on the person who is in possession is well known in Hong Kong and of the opium to prove that he is Singapore and generally comes from not liable at law. Macao. There were also large Later Mr. Strellett asked: Would square

Persian tins containing

You countenance the loss of any opium. Defendant then drew atten- opportunity to trace the source of tion to the fact that the valises were opium 1-1 think I have already said belled in Lam Tin Yau's name, that it is important to trace the Witness said that he at once told souren of all opium, if it can be defendant that it would be to his done..

interest that Lam should be found. I put it to you that it is more Witness said that no further steps important since the amendment of would be taken against defendant the Ordinance 7-That depends on until every effort had been made to the circumstances of the case. trace Lam. Defendant replied to You have heard the evidence in this effect; "He was only a change the present case, and you have Acquaintance when I met on the beard that at one time opium was President McKinley during a trip not in the possession of the defend- from Shanghai to Hong Kong. I ant? You have heard that?-Well, cannot tell you anything definite that depends on what you mean by 'about him."

Labels i

possession.

Mr. Lindsell: Shall we sny, at one time he was divorced from the possession of the opium!

And it implies that it has been brought from somewhere Yes, that is obvious.

And that the persons bringing it in know where they brought it from 1-No, they may have taken it from anyone and, the opium might have passed through two or three handa.

You are not going to tell me that the person who brought the boxes to the Hotel did not know from whom and from where they were bringing it from 1--That is obvious.

Discretion I

is right that the persons who

APRIL 2, 1930.

STUDENT TO GET ROUND THE COURTS.

FLOGGING.

CHARGES OF ARSON ARE WITHDRAWN.

"GREAT TASTE FOR HIS HEART"}

C. C. Cheung, a Chinese clerk, was before the Kowloon Magistrate

"SORRY THAT IS ALL I CAN yesterday charged with the theft of

GIVE."

The thirteen year-old Chinese school boy who had made two ap- pearances before Mr. T. S. Whyto Smith on five charges of arson aris ing out of fires in Hong Kong and the mainland, was before the Court again for the third time yesterday morning, when the original charges were withdrawn by the Police, and a single one of causing malicious damage to the stair lining of 179,

of the

Reclamation Street substituted.

Mr. W. D. Owen watched the proceedings on behalf owner of the premises.

The boy pleaded not guilty to the charge.

་

The first witness called was the owner of the house and she testi

damage done, she said, fied to the fire occurring. The

amounted to a few dollars.

a clock, the property of Mra F. N. Booth, of Airlie House. Peking Building, Kowloon.

The defendant pleaded guilty, whereupon Mr. Whyte Smith re- marked that "if house servants abuse the trust given them, they will be heavily penalised."

The defendant, who spoke Eng- fish, said that on the morning in question, the proprietor of the hotel went out and left him alors in the

hall. Then the telephone bell rang, and the call was for Mrs. Booth. He went to the lady's room, but found that she had gone out. He saw the clock, which was a great taste for my heart," so he took it away. He felt very sorry about it now, as he realised it" was a very wrong thing to do.

took a very serious view in cases His Worship remarked that he

of theft where house servants were concerned. He sentened the man only

to four months' jail with hard labour and ordered the return of the clock to the lady en payment of $1 to the pawa-broker.

An inmate of the house said she heard a knock on the door on the night of March 15, and when she opened it she saw a boy running into the street. She could not re- cognise the lad, but he, ran away without trying to help quell the outbreak...

Two Canis Worth of Kerosene. A foki of a shop in Temple Street gave evidence to the affect that he recognised the lad as the one who had bought two cents worth of kerosene from his shop on the day of the fire. The kerosene was con- tained in a cigarette tin, and he also placed.the boy as the same one who was takes to his shop by the police at 3 a.m. on the 18th "inst, that is, almost immediately after the fire.

A Chinese detective said that he arrested the boy in Reclamation Street in the early hours of the 18th inst. He had a roll of paper and a box of matches with him then, and his clothes smelt of kerosene.

The boy then denied the charge originally preferred against him in respect of 379 Re- clamation Street. He accused two men of having set fire to the pre mises. One of these was called and he said, that he did not know the boy at all; he fatly denied the charge.

of Braon

witness was one of the men who Defendant, however, insisted that

set the house alight, and added that he was asked to keep watch but he refused

The Magistrats remarked that he would register a conviction and said that the defendant's story that there were others in it was 'n very poor one. It seemed that he had only wasted the time of the Court, and had the original charges been gone with, the lad would have been sent to the Supreme Court, where he would have received & very heavy sentence. A dogging would be bet tea than a heavy term of imprison- meat, he thought, and in ordering. the boy to receive twelve strokes of the cane, bis Worship said that he was sorry that was the most be could give..

THE WATER SUPPLY.

Knowing that much you think it brought that opium to the Hotel 80 MILLION GALLONS FROM were not traced or fixed 1-How do you mean, traced or fixed 1

That precautions were not taken to see who actually brought that opium into the Hotel, knowing that it was coming-I think the officer concerned should go for any person whom he considers can be absolutely fixed with it and is not merely a street coolic, for instance.

Mr. Lindsell: I take it that you say that you do not consider the Chinese Revenue Officer should have intercopted the person who carried

·SHING, MUN.

HONG KONG ́SUPPLY,

The total storage in the island

reservoirs on the morning of Mon- day, March 31, omneunted to 771:30 million gallons shewing a decrease of 20.41 million gallons during the past week; the amount collected from streams being 18.02 million gallons

AN EARLY BIRD'S CATCH.

An unemployed Chinese was bi- fore Mr. Whyte-Smith yesterday, charged with the theft of two pieces of imitation jade, a pair of metal earrings, a.. metal hair press (not recovered), a pair of shoes and a pair of trousers. He admitted the charge..

According to the prcaecution, the robbery occurred at 5.15 am, on Monday in an unnumbered hut, opposite the Kowloon Hotel, oc- cupied by a Chinese gardener. An inmate of the hut saw the man crouching near some baskets and he gave an alarm, waking her husband and her son, who chased the thief and caught him hear the Star

Theatre.

Fly was sentenced to six months' hard labour...

EXONERATED!

The re-hearing took place before Mr. Lindall on Monday of the case in which a Chinese woman was fined $25,000..for possession of a targe

quantity -of contraband

opium.

Mr. D. L. Strellett made the application on the ground that he had fresh evidence to offer, and at the close of the case, the woman was discharged.

At the first hearing the Magis- trate decided that the defendant was the principal tesánt, but yea- terday a rent collector, giving evi- dence, said that although he had received the rent from a woman, he was sure the woman was not the tenant.

Asked by the Magistrate why he had not said this at the first hear- ing, when he simply stated that the rent had been paid by a woman, the collector said that he had not been asked.

TRAFFIC IN À GIRL!?

The three Chinese, a coolie, a widow and an unemployed man, who were before Mr. Whyte-Smith recently on separate charges of alleged sale of a girl, were again brought up before the Court yester- day, when the Magistrate fixed the bearing for April 10, at 2.15 p.m.

Mr. A. R. Covey, who appeared on behalf of the first defendant.

applied for a reduction in bail from $2,000 81,000. This was granted. It was intimated that Mr. C. E. L. Grist is representing the third man.

Pleading gailty to the charge of

theft of a brass tap from the Government Store in Shanghai

with the article in his possession was fined 810 or 14 daya' hard labour by Mr. Whyte-Smith yester- day.

Street, a Chinese who was arrested

COLLISION WITH JUNK.

ALL MEMBERS OF CREW OF

KWONG, SAI SAFE.

The .. Kwong Sai, one of the West River steamers, was involved in a collision with a junk on Mon- day night somewhere between Chek

Not necessarily. it to the Hotel No, he exercises ed to 50.43 million gallons which Wan and Ling Ting,in Chinese

**

Mr. Lloyd then proceeded to deal with the labels on the six large valises, the alleged property of Lam Mr. Strellett: Divorce implies Tin Yau. One of these was labelled previoua marriage? President Garfield stateroom 144, Mr. Lindaelt: Witness explained that there was But we will say that it was not at no such stateroom on that ship, one time in his physical posses Ons valise was labelled Presidentsion Cleveland December 24, from Singa Mr. Strellett (to Mr. Lloyd): pore to Hong Kong, American Mail That was known to the Revenue Line. This ship, witness stated, was Officers 1-Yes. never owned by the American Mail It was also known that he was Line, but by the Dollar Line and expected to be in possession at some runs from Hong Kong to Manila later time The evidence was that The ship had never been to Singa- the opium was expected to come to the Empresa Hotel and it was ex- Mr. Landacil: All this evidence pected to go out from the Empress is as consistent with defendant's Hotel in the possession of a man, innocence as with his guilt.

When you say "expected to go Mr. Lloyd: It helps to prove the in, you mean brought in? You existence, or otherwise, of T. Y. must assume someone is to bring it in 1-It got into the hotel, surely Lain.

that is suficient.

pore,

Mr. Lindsell: Assuming that T. Y. Jam does not exist, it is still equally. consistent with defendant's inno-it in f-Yes cence or guilt.

That implies somebody is bringing

(Continued on next Column)

his discretion,

Mr. Streilett: He has a discre tion? I may take it that is part of his instructions 1-You can't give instructions in every case. Every- body has a discretion when he is working on information received.

Has he a discretion as to when he will commence to fix person with possession, although it is known that a whole series of people will successively be in possession Yes, I should certainly never blame a man because he arrested one man. more than another.

You mean you leave it to the Revenue Officer to say who ho con- aiders guilty - should expect him to get, if possible, the principal.

,",

At this stage the case was ad journed till Thursday at 2.15 p.m.3.

The week's consumption amount

includes. 11:40 million gallons from the Shing Man Supply.

KOWLOON WATER SUPPLY,

The total storage in the mainland reservoirs on the morning of Mon- day, March 31, amounted to 420.65 million gallons shewing an increase of 41.28 million gallons during the past week,

waters,

The smaller craft was

severely damaged and all the mem- -bers of the crew were taken on board the steamer and brought to Hong Kong. The master, however, remained behind in the hope that be would save his junk.

The accident occurred at about

10.15 pm just below Chek Wan and the vessel was immediately turned round and all members of the crew were picked up. The master of the jank is a man named Wong Yau, and a member of the crew made the report at the Harbour Office yester- day morning, when he assessed the total loss as being more than

The week's consumption, not in cluding Hong Kong supplies and 2:43 million gallons delivered to water boats at Lai Chi Kok, amounted to 25.64 million gallons.

The yield from the Bhing Muna a result of the mishap, the River and streams during the week Kwong Sai arrived in Hong Kong was 80,75 million gallons.

an hour later than the usual time.

810,000.

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