1930-04-11 — Page 5

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THE HONG KONG DAILY PRESS, FRIDAY, APRIL 11, 1930.

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REVENUE INSPECTOR'S, EVIDENCE INFLUENCES.

VERDICT.

` SENSATIONAL END TO INTERESTING

CASE.

The case in which Mai Kok Loung, the Singapore Justice of the Peace, was charged with being in possession of and attempt- ing to export opium, came to an end yesterday, when the defend- ant was discharged by Mr. R. E. Lindzeli, who accepted the evidence of Inspector R. Lahnigan that outgoing luggage was searched every time" a revenue officer was present. The defend- ant could not be such a fool as to have brought this luggage on to the wharf in the circumstances," said Mr. Lindselt.

"LAW OF HONG KONG IS ULTRA VIRES."

At the commencement of the pro-") Inspector R. Lannigan, in answer ceedings, his Worship told Mr. to his Worship, stated that as far Strellett that he had arranged with

as his experience went, if a person the Inspector General of Police to luggage and attempted to get into left a boarding house or hotel with call the Geer in charge of water- front searchers to state whether it luggage generally, would be search a sampan or motor boat, such was a fact that outgoing luggaged, it a revenue officer was in was not searched on wharves from which there were до steamers Aailing.

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Mr. Strellett went on to say that a person found in possession of opium should not be called upon to explain everything else in his possession. At this present mo ment there may be people in this Court who might have half-a-lozen things in their possession which might ba consistent with something or other if they were found in | possession of opium.

As regards the kers, Mr. Strellett pointed out that defendant hatt opportunities of getting rid of them had he so desired, but the fact that he retained them in his possession. was consistent with his innocence. He also pointed out the improb" ability of the defendant being desirous to bluff" the matter through.

Oats on the Prosecution? Going into legal points involved in the case, Mr. Strellett stated that the nearest analogy to the present position of the Opiùm Or dinance, where the onus was thrown on the defence, was to be found in cases of possession of stolen goods. He quoted several author- ities to show that the duty of the, prascention was not merely to say that the defence story could not be true, but to prove that it was not in fact true. The defendant story might be true, or could re- was entitled to a discharge if bis

in fact true. The duty lay with sonably be true, even if it was not

the prosecution to bring direct evi- dence to show that the defendant's story cannot be true.

Mr. Strellett indicated that he did not wish to cross-examine this Mr. Lindsell indicated that be witness, but drew attention to the agreed with Mr. Strellett that an direct conflict between practice and alleged possessor or receiver of what had been described as instruc- stolen property was comparatively tions. He contended that the de-in a strong position. He did not fendant had told a straightforward feel, however, that Mr. Strellett story in regard to his previous ex- could convince him that an alleged perience on the waterfront:

possessor of opium was in a similar- ly strong position.". "It seems to me that the effect of the present Ordin- ance is that the onus of absolutely satisfying the Court should lie with the defendant."

Dealing with the two points raised by his Worship on Tues- day, the question of the envelopes and of the keys Mr. Strellett ex pressed the hope that his Worship did not think that the defendant was taken by surprise when the envelopes were brought to his notice by the prosecution. In fact, Mr. Strellett had noticed the similarity of the crests on the envelopes be- fore, and had questioned the de fendant about it. and the latter had frankly said, “ I don't know.!!.

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M. Strellett: Is he in a worse position than the possessor of stolen goods ?

Mr. Lindsell I think he is in & worse position-in Hong Kong.

76

with

JOAN

CRAWFORD' KARL

Mr. Strellett: Your Worship almost forces me to say that the law of Hong Kong is ultra vires.

Continuing, fr. Strellett, said: that he was quite sure his Worship would hesitate very long before he would say that the legislature in Hong Kong bad gone very much farther than the common legislature of England had ever dared to go.

Ordnance and Common Law.

His Worship replied that he felt it had gone very much farther. Continuing, his Worship said he was afraid Mr. Strellett could not. convince him that the onus was not thrown on the defenes under the. present section to prove his inno-

cence.

Mr. Strellett: "With the ex- ception that the common law makes, I suppose?

Mr. Lindsell: But the Ordinance is the exact opposite of the common Inw rule.

Dealing with the question of pre- sumption, Mr. Strellett asked for guidance on the point, from the beach.

Mr. Lindsell said that in his opinion the presumption of the Ordinance went beyond every other presumption.

In his Enal appeal to the bench, 31r. Strellett said that he would submit that the prosecution had not discharged their duty and further that the defendant had satisfied the Court on practically every point

The defendant had associated bimself with the luggage closely. He had admitted that he was in possession from the beginning to the end. His answer to your Worship is that it was not worth his position and the little things that he has gathered up by a life of hard work, to go and walk into this trouble. I ask your Worship to say that he has given a reason- able explanation, and that he is entitled to be discharged I would remind your Worship that this is the first case under the new Ordin- Innee, and the public wants to know what the attitude of the Court is. The public expects to hear from this Court what you have to sy with regard to this question of pre sumption under the new Ordinance. Bir. Strellett, also pointed to the fact that certain persons were not stopped by the Revenue Officers. "Whatever view. Your Worship. takes with regard to this case, it is hoped that you will express some opinion on the fact that this very valuable evidence was, not brought to Court."

Defendant Discharged.

Mr. Lindsell Throughout this CRAC I have made rayself clear. The case is entirely one of facts and ast of law. I do not propose to make any further comment except to say that on the avidenco as given by Inspector Lannigan this morning, I cannot conceive that the .defend ant could be such a fool as to have brought this luggage on to the wharf. Defendant is, therefore, dis- charged.

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