1930-04-08 — Page 7

SINGAPORE JUSTICE OF PEACE TELLS HIS OWN STORY.

SOLICITOR'S LENGTHY ADDRESS TO COURT: DEFENCE EXPLAINED,

HOW THE DRUG WAS THRUST ON THE DEFENDANT.

The case in which Mui Kwok Leong, alins Boey Kwok Leong, Justice of the Prace of Singapore, is charged on three counts of possession and alleged attempt to export opium, was continued at Central Magistracy before Mr. R. E. Lindsell yesterday.

Mr. J. D. Lloyd prosecuted and Mr. D. L. Strellett appears. ed for the defence.

The prosecution's case closed yesterday and Mr. Strellett ad- dressed the Court at great length, first on the unsatisfactory state of the Ordinance in relation to the defence and then on the con- flict of evidence. Mr. Streileti then went on to give a short ́ac- count of his olient's position and standing and went on to tell the Court of the defendant's movements between Singapore, Hong Kong, Canton and Shanghai. He spoke of the circumstances which led up to an acquaintanceship between defendant and one Lam Tin Yau and explained in detail how it was that the defendant came to be taking tuggage. for Lam Tin Yau to the Macedonia on the morning of March 1.

The defendant gave evidence in the afternoon, when he spoke of his high standing in Singapore. He gave a full account of the public services he had performed in the South and mentioned that he was the youngest J.P. in Singapore. The case will finish to-day, the Magistrate having indicated that he would sit late, if necessary, to do so.

At the close of the prosecution's Case, Mr. Strellett submitted that he had no particular case to an swer, but the Magistrate ruled that there was a case to answer.

Mr. Strellett then addressed the Court. He said he wanted to impress the Court with all the. power that lay within him of the difficulties which might occur in the administration of justic under the amended opium ordinance. "He would like the Bench to appreciate fully the defendant's position and the difficulty" he was under.

Powers of the. " Informar,"

They might then have known in and might have traced the origin whose possession the opium was

of these boxes and there might have been such overwhelming evidence as to the knowledge of the other per sons concerned, that the defendant's task would have been comparatively lighter than it was.

A Simple Solution, Mr. Lindsell: There would be no task at all?

THE

HONG KONG DAILY PRESS, TUESDAY, APRIL 8, 1930.

Accused Testilos, Girmg ovidence, the defendant said that he was 41 years of age and was born at Singapore. He lived at 71, Club Street, and bad been at

that address for eight years. His father died when he was eight years old. He was educated at Raffles Institution. He married his first wife in 1010, but she died in 1013 without issue. He married again in 1913 and by his second wife had nine children.

MENACE.

HEAVY FINE FOR CHINESE SHIPMASTER,

A DELIBERATE OFFENCE,

Continuing, defendant said he wasS THE OVERLOADING ja very bad sailor, and on his trip from' Shanghai to Hong Kong, he was confined to bis cabin. Lam ap reared very solicitous and visited hun at his cabin two or three times. a day. It was here that they dis- russed politics and it was then that, the defendant learned that Lam appeared. know a number of high officials in the Nationalist Government at Nanking. I tald him in return," the defondant said,

that I knew a number of Gov-Yau, master of the river steamer ernment officials in the Straits and Tak Hing, was charged with over- F.M.S. and showed him my per- loading his vessel on April 3, eame sonal file and letters of thanks from Government officials in the up for hearing at the Marine Court Straits and F.M.S. in connection yesterday morning, the Magistrate with public works, charity and the remarked that the defendant only suppression of gambling and kid-

had" napping."

When the case in which Leung

A coxswain's curtificate. Mr. R. J. Nunu, of the Harbour Office, however, said that the Tuk Hing was one of those vessels to which special concessions had been grant-

Defendant then said that the ship arrived here on November 18 and he parted with Lam. He went to Canton on November 21 or 22 and stayed there three weeks, coming. back to Hong Kong at the begin

The magistrate then replied that the certificate was not proper- to bring the matter before the Harbour Master.

Up till 1918 he was employed in certain firms in Singapore, and after obtaining some capital, inter- ested himself in various commercial firms getting partnership interest in overal. In 1993 he interested himself in tin mining firms, and certain concessions grunted by the Malay Government were made out in his name. In 1990, the defendant.ning of December and leaving forly endorsed and asked Mr. Nunn took on a position in a managerial capacity connected with Nanyang Bros. He devoted part of his time to this work, until in 1992 he had to relinquish the appointment be- cause he did not have enough time. Since then he had been spending his time in mining activities. Since May, 1920, defendant was again con- nected with Nanyang's as an ad- viser.

Touched Public Pocket. Defendant said he was engaged in considerable amount of public charity. He was on the committee work mainly in connection with

of the Singapore Po Leung Kak since 1923,

He was one of the founders of the Cantonese Free Hospital and had been the vice chairman of the institution for the last two years. The Child Welfare Society also interested the defend- ant. Lady Guillemard was Pre- sident and he was Vice-President.

Į

Singapore on December 7 by the Rawalpindi.

Other People's Parcels.

Regarding the overloading offence, the master pleaded guilty but said that his vessel was only overloaded sa iach.

Mr. Nunn corroborated the first witness' evidence and added that the ship had a slight list at the time. There was a lighter along- aide the vessel with a consignment of soap on board, and some of these were already paraéd the steamer,

On this occasion his luggage was in the charge of a youth named Ah Kan, the same who was in charge In the witness box, Mr. T. B. of his luggage when he was arrest- Lowe said that at about 3 p.m. on ed on March 1. Ah Kan was a the day in question, he hoarded the foki in the Sam Yick Chan, which vessel and found her to be over- looked after the interests of Singa-loaded to the extent of some two- pore Chinese merchants. and of end-a-half inches. There was which Mr. Ko Pak Cho was senior lighter alongside the Tak Hing at partner. On the trip on December the time, but in spite of the fact 7 his luggage consisted of a nun- that she already had too much ber of parcels belonging to bis cargo on board, they were still tak- friends which he undertook to take ing more. This they stopped do-i to Singapore. These included:four ing immediately the Boarding large parecia of dried eggs to be Officers came on, the scene.. distributed to the friends of Mr. Kan Ying Po (of Nanyang's). He also took away two cases of herbs for a firm named Po Hing of Bonham Strand to their Singapore Office. He also had a small case of jades. All these, parcels were taken to Messrs. Nanyang Bros. and were placed aboard a launch in due course. On arriving at the a connection with this Society, de-wharf, the Revenae men had asked fendant said: "With my colleagues, to search his luggage. Defendant I touched the pockets of the public had protested, saying he was a J.P. and secured the net summ of of Singapore and had produced his 200.000.

card as well as a card from Dr. Kotewall, but to no purpose, and end. On December 20, he had re- the luggage was searched in the

ceived a letter from his wife in- forming him that she was seriously ill in Canton, He returned to Hong Kong on December 28, and went to Canton that very night, returning to Hong Kong with his wife on January 14. They stayed at the Ki Fat Boarding House and his wife left a few days later by the sis. Kremer.

Defendant anid he was also a member of the Committee of the Discharged Prisoners Aid Society, of which Sir William Murison was the President. He had also been of assistance to the Police in con-

nection, with kidnapping and gam bling in Malaya.

Mr. Strellett: There might have been no task. If the luggage bad- not been intercepted, there would have been no case at all. The egolies could have been detained så they brought the luggage to the "There is opium in Hong Kong hotel. We have heard that two men in somebody's possession," said Mr. came in, but they also were not Strellett. That opium is about intercepted! One of them might to leave Hong Kong and informa have been Lam Tin Yau, who may tion is given by a person who is have brought the opium himself! technically known as an informer, that the opinm is passing through that the defendant could tell the Mr. Strellett. continuing. said various hands and will eventually Court simply how he came to be be in the hands of a certain perin possession of the opium, but the son. Formerly, before this amend-

we have beard that the most he could say was that ment,

don't know." He could not pro Revenue Officers would sift outduce to his Wership the person that information and exercise their who did know, because those whomittee member. He was also on diseretion when and where they had it in their power, to do so, did would put in an appearance and BLY: "You are the guilty party not bring the persons to the Court. The whole of the evidence of the and you are the person I am going Chinese Revenue Officers, said Mr. to bring before the Court, and I will Strellett, was of no value, us never support my case with the evidence."

in his experience had he come In view of the amendment, went across such glazing inconsistencies on Mr. Strellett, Revenue Officers and wild statements.

"This were in a position to say:

Mr. Strellett then gave a short opium has been in the possession history of the defendant and out-

defendant had collected large sums During the Malaya Floods in 1996, for the public, also large sums for the Blind and Crippled Children's Home, of which Lady Murison was president, and defendant, a com the committee of the Army charities." of which General Fraser was Pre- sident. Defendant aid, he was also

interested in St. Nicholas Home for Blind Soldiers.

Youngest J.P.

In recognition of these public services, defendant said he was made a Justice of the Peace in

Disciple of Fung Shui.""

defendant went to Canton. He ex

A day or two after his wife sailed, plained that his wife was a great be liever in Fung Shui" (selection of a suitablo sito for the remains of the dead). She was not pleased with the burial place of her father, and, having no brothers, had requested the defendant to res.to the selection of another site for

Hong Kong on February 19. On defendant did, and returned to

The Magistrate then asked whe ther the defendant had anything to say, but the latter answered in the negative. A conviction was there- upon registered, and in remarking that he thought it was a case of deliberate overloading, the Magis trate imposed the maximum fine of. $500..

APPEASING EVIL SPIRITS.

INTERESTING CASE AT

MAGISTRACY,

A married woman was charged at the Kowloon Magistracy yesterday. with obtaining money, jewellery and clothing to the value of about $57 by means of a trick. The money was alleged to have been' paid to appease certain spirits which were maltreating the com. plainant, but after securing the property the defendant pawned it. Inspector Stimson said that he did not think the complainant had expected to get the articles back. He explained that the woman was

ship the jose" to appease the per defendant had promised to "wor- spirit. The complainant's mother- appearance of the property, had the defendant arrested.

of A, B, C, or D, and under the lined the circumstances in which he 1993. This was one of the highest the re-burial of the remains. This suffering from some illness and the

came to be in possession of the

honours that could have been given to a Chinese gentleman..

am

out any one of them and he will voyage fron. Shanghai to Hong the youngest J.P. in, Singapore," leaving Canton, he had made up in-law, on discovering the disap

added the defendant.

As regards his movements last his next visit to Hong Kong was in rear, defendant said that since 1913 May last year. He visited Hong Kong between May and July and it was at this time that he saw Dr. Koterall. He had spoken about the searches on the wharf and he re called the time when Dr. Kotewall had given him an exemption card, but curiously enough he was not searched on the occasion when he had the card on him.

new Ordinance they have all com- mitted an offence unless they can luggage of Lam Tin Yau, whom prove to the contrary. I will pick he said, the defendant met on a

be guilty. Mr. Strellett pointed Kong. They had then spoken ut that there were no alterations about the question of search. Mr. to their instructions in spite of the Strellett said:" Now, it may be amendment to the ordinance.

exaggerated vanity, and probably a Mr. Streilett then went on to deal good deal of the position which de. with what he said was common fendant now finds himself in, is due knowledge that a certain amount to what other people call exag of reward was generally paid when gerated vanity. Bet we must re- these matters were brought to light. member that he is Chinese and the He drew attention to the fact that value which these people attach informera, such as they were would to any honours which they have. be very foolish to give away the There is little doubt that in deal- source from which the opium came ing with this question of search he As a rule, as that would be killing pointed out to Lam Tin Yau, on the goose that laid the golden this first occasion of their meeting eggs" It would be more to their or on any of the others which purpose watch the opium until followed on the trip from Shanghai, it got into the hands of certain that he is pretty well exempt from parties, and when they found that the search: that in Singapore. bening of October his wife went to out, that would be quite sufficient in so well-known, or people bad for them to bring a prosecution on seen him come and go so often, it. If that were allowed, said Mr. or had seen him a great deal, that Strellett, be done with impunity, they practically did not search, him the Court would be lending itself there. to-be would not say conspiracy, but to an impossible procedure.

Whose is the Guilt? Continuing Mr. Strellett said: "It the Court is going to say: "I am not sure I have the culprit here, antil you bring all these persons before me, and from their relative offence, I can say on whom the guilt really lies." if your Worship Mr. Landsell: How in the world Am I to know if every person is before the Court 1

would insist on that, I think.

On July 26, defendant returned to Singapore and Mr. Kar Ying Po, & Director of Messrs. Nanyang Bros., was with him. At the begin Canton from Singapore to visit her mother. Defendant came here on

his mind to go to Singapore on March 1 by the Macedonia. This date was particularly suitable, ni it gave him an opportunity to see Mr. Chan Lim Pak, another direc-

tor of Nanyang's, who was expect ed' in Hong Kong from Shanghai on February 25. He duly saw Mr. Chan.

About mid-day on February 2 while walking along Des Vaux Road near the World Theatre, Lam Tia Yau accosted defendant and, after the usual salutations, insisted on the defendant having tiffin with him. They went to the Ka Ping Restaurant and spent half an hour

defendant mentioned all that had there, in the course of which the

happened since they had last met,

and also added the further infor- mation that he would be going to Singapore on the Macedonia in a

not

and over,"

His Worship:-We must adopt the attitude that, because we don't believe in this, money taken for the purpose is fraudulently ob tained. In the last case we had, the woman simply wanted the jewellery and clothing in order to perform the worshipping ceremony after the ceremony was. she was to return them, but, in- stead of returning them, she took them to a pawn shop. In this case, it is rather different. There was evidently no intention that the pro- complainant. I will remand it for perty was to be returned to the you because that's a legal question on which you might want to take the advice of the law officere.

The

adjourned for

саве

October 29, Mr. Ko Pak Cho being with him on that occasion.

Defendant said he went to Shang-ew days' time. Lam said he also forty-eight hours.

had intended to go and mentioned the possibility of sailing in the same boat. Ho had asked defendant where the latter was staying and the defendant explained that he was staying with a friend, who, however, would soon be travelling to Canton, and when that came about, he would have to move out. He mentioned that he would be putting up at the Empress Hotel.

Lam had explained that the rea-

hai on October 31. That was neces sary because he found that Mr. Kan, whom he had travelled here to see, was not here. He stayed a fortnight and left on November 10 for Hong Kong by the President MeKinley. It was on this boat, prior to their sailing from Shang- hai, that defendant met Lam Tin Yau. They exchanged names in the customary Chinese way, and after a little conversation, Iam mention- ed that he also had been to Sings-on for his wanting to go to Singa

pore was because there was a pore and at the same time men- tioned the friends he had in high possibility of requiring cheap shares circles: in the Nationalist Govern during the tin slump.

Mr. Kotowall's Card. Mr. Strellett went on to say that Mr. Kotewall's card might have been mentioned in the course of these conversations. At any rate, when Lam Tin Yau at the Inst moment sent word that he was un- able to proceed with Mui to Singa- pore, Mui found himself in the position of being entrusted with the former's luggage for forwarding to Singapore. In the search on the waterfront; Mui found the ignominy of being held up and having his Mr. Strellett: In some case you personal belongings searched in the won't, but where your Worship does middle of the waterfront, in fullment at Nanking, "I thought he know that a Revenue Officer knows view of an increasing crowd of was a well-to-do · man,” said de- that the opium has been in the gaping coolies, inconsistent with his possession of other parties and if dignity as a J.P. and he profeated the Revenue Officers fail to bring most strongly, He did show Mr. the other parties before the Court, Kotowall's card, but Mr. Strellett then the position of the defendant held that, day other réference to becomes insuperable.***..*

Mr. Kotewall was pure fiction, in- Mr. Strellett emphasised the fact vented by the Chinese Revenue that all the persons who might be Officers to make the most of their before the Court were not there." casa.

In this particular case the evidence As regards the evidence of the before the Court was that an in- label, Mr. Strellett pointed out farmer placed a certain Reverae that if the defendant had anything Officer in possession of facts which to do with such labels, he would led to his keeping a watch on the not put in the name of a ship which Empress Hotel. That meant that did not call at Singapore at all, there was knowledge that certain as having made a trip from Singa things were going to be brought pore to Hong Kong. It had to be there. There was no argument borne in mind that the defendant about that. Mr. Strellett said he had been practically all his life had not heard any reason given to in Singapore and was one of the the Court why steps were not leading citizens, and he should know taked to apprehend the persons who if a ship was a frequenter of Bingas brought the cases to the Hotel pore Harbour or otherwise..

fendant, "because he wore a large diamond ring." Lam had stated that he was coming to Hong Kong to open & branch office here and that he would be staying on the Peak Hond.

Hated Being Searched. We discussed the searches," said defendant, and Lam said he hated the searching system, and asked if I was similarly subjected to searches. I told him I was not searched in Singapore, being a JP, but when I was in Saigon, I had been subjected to searches. It is their custom to search. He naked me when I was in Hong Kong whether I had been scorched and I said that in spite of my producing my card and in spite of the fact that I claimed to be a J.P. of Binga pare, I have been searched."

Fruits and Vegetables, ・ Defendant said he moved into the Empress Hotel on February 27. Before doing so he gave Ah Kan $4 to buy fruits and vegetables with instructions that it should be delivered on March 1,

On February 28, a man he had not seen before went to the Hotel and told him he had come from Lam Tin You with the news that Lam was sailing on the Macedonia, He told defendant that Lam knew he was going to the Empress Hotel and consequently he had watched the list of guests at the hall and that was how he came to know that defendant was staying there. He Baked defendant if it would be al right for Lam to call on defendant on the morning of March go off together to the Macedonia and share the launch.. Defendant indicated that he would be leaving (Continued on next Column:)

and

the hotel at 7 a.m. and that he did Lam, but not too long. not mind waiting a lew minutes for

On the morning of March 1, the stranger called again and brought a letter from Lam (which stated that. Lam could not go). The atranger explained that Lam was not going, after all, and be want- ed the luggage brought down to Singapore for him. There were six cases, the stranger had explained, and defendant remarked on their

size and number at the time. He told the man to wait down.. stairs and he would be down pre- sently and the man gave defendant

parcel, which dofendant placed in his waistcoat pocket. These were the keys to Lam's huggage.

When he went downstairs he looked for Chan, but found that

i the man had disappeared. To my astonishment, my own cases were tied together in the same sling with a lot of other baggage. The baggage had a Isbet bearing the Chinese words. Lam Foo Tok?' which meant Bent pn by Lun's request. The fruits and vegetables which defendant, had previously ordered arrived earlier in the morn ing Four coolies took the luggage and they then left the hotel.

At this point, the case was ad journed until 2.15 p.m. to-day. It was stated that the Court was pre- pared to site late in order to finish

the case.

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