1930-05-03 — Page 7

THE HONG KONG · DAILY PRESS, SATURDAY, MAY 3, 1930.

PREROGATIVES OF JAPANESE ROYALTY SERIOUS CHARGES COSTS IN SUMMARY COURT

LAWYERS.

LOCUS STANDI OF S.C.A. OFFICIAL.

INTERESTING ARGUMENT IN MUI TSAI CASE.

Mr. G. S. Hugh-Jones argued before Mr. Whyte-Smith at the Kowloon Magistracy yesterday that Mr. H. R. Butters, Assistant Secre bary for Chineso Affairs, being n non-legal mun, was

not authorised to prosecute in a mui tani case which came before the Court.

IN HONG KONG.

QUIET WELCOME TO THE

VISITORS.

PARTY ENTERTAINED AT GOVERNMENT HOUSE.

"AGAINST BOATMAN.

MAGISTRATE EXPRESSES A DOUBT.

FLOATING POPULATION'S

CURIOSITY.

Mr. R. E. Lindsell's Court wha Their Imperial Highnesses Prince and Princess Takamatsu arrived in yesterday afternoon packed with people--men, "women and not a few the Colony yesterday by the 8.3. Kashima Maru, and, at the Prince's

children-belonging to the floating population of Aberdeen, who had special request, there were no pre-travelled all the way to Court to parations for providing an official hear the case in which a boatman welcome.

named Chan Wo Shing of Aberdeen

At 10 a.m.

CASE."

A DEFENDANT OBJECTS' TO SOLICITOR'S FEES.

At the Summary Court yesterday, a defendant consented to judgment being entered against him on small sum due under a promissory note, but he objected to payment of solicitor's costs, saying that no de mind was made before issuing the writ.

Ip Kwaya raotor car driver, was the plaintiff, and Mr. Horace Lo ap- pented for him. The defendant, Siu Fong, a ticket inspector employed

A SLAIN. BOATMAN.

MANSLAUGHTER CASE

ADJOURNED.

The Chinese who was charged with manslaughter, in the case"în which a boatman received such severe punishment inflicted on him by accused and several other men tont he died of his injuries, came before Mr.. Whyte-Smith, at "the Kowloon Magistracy yesterday.

.

Mr. H. Somerset Fitzroy appear- ed for the prosecution and said that on the evening of March 21, arcused interviewed three women who were on board the same boat! as deceased. At a later stage, there

one of the NY.E. was charged with harbouring the by the Kowloon Motor Bus Cont appeared to be a row between the Notice of his objection had been launches, Aring the national flags, wife of a boatman named Chan Pany, conducted his own case..

given at a previous hearing, and

Giving evidence, Chan Kwong Sang stated that he was à fuki on a fishing junk and frequently put out to sea. He, however, had houseboat of his own in which he lived when he returned from his fishing expedition.

at the outset Mr. Hugh-Jones sub-brought the Royal couple and Kwong Sang and also with commit nipted that no person was allowed members of their suite to Queen'sting adultery with her. to conduct any proceedings before Pies, where they made an informal a Magistrate, with three exceptions. landing. E. the Officer Adminis The prosecutor had to be the pom tering the Government (the Hon. plainant himself, his counsel or his Mr. W. T. Southern, C.M.G.), who had visited the ship soon after her the arrival, again greeted the Royal Mr. Hugh-Jones quoted Magistrate's Ordinance, which, he visitors. There were also present auid, definitely and rigidly describe ed the procedure to be adopted. He drew attention to the defnition of "counsel," which meant any bar

solicitor.

rister, advocate or solicitor having

the right of audience before any court in the Colony. Continuing

Mr. Hugh-Jones said that the pas tive of police officers ennducting cases had often been condemned at

Home as an irregularity, although police officers could prosecute if they were the complainants or inform

ants themselves.

Mr. J. Barrow (Private Secretary), Capt. Swayne (A.D.C.), and the Consul-General for Japan (Mr. Yoshida). Although the visit ahore was bereft of ceremony, a touch of colour was added to the visit by the gay dresses of the Japanese members of the community to see ladies who attended with leading

the landing.

Many gathered outside Queen's Pier to have a view of the Royal

Eleven years

Mr. Lo produced copy of a letter of demand which the plaintiff bad written to defendant, and he said

that his instructions from the plain-

tiff were that there was no need to send any more letters of demand. He pointed out that it was neces sary to make a demand for money

deceased and his foki on one side and accused and his comrades on the other. The wounds received by the deceased proved fatal,

Tang Hing, toki of the deceased, giving evidence, said that on the evening in question, accused, whe was on shore, throw a stone into

his boat. Together with deceased,

due under a promissory note.

he approached accused and demand- His Lordship agreed...but addeded an explanation. Accused did not reply but struck deceased in. that he was thinking how costs would be affected if no demand were made.

go he married Li Tai Tai and had two children by her. The marriage was a success in every way and great was his surprise wher, on his return, from a fishing trip on April 20, after he had been at sea for four days, to find that his wife and children (a boy and a girl) and Bome of his property hnd dis-$2 a month, but during the last two appented.

Chan lost no time in making report to the nearest Police Station.

party, and they were not disap-A friend of his gave him rertain 'pointed. The first car conveyed information, as a result of "which Other enses were quoted in which E. Mr. Southern and the Prince.be proceeded to Stanley, where he certain officers were given authority by Statutes by bich they were allowed to conduct cases only where Statutory authority had been given.

The Consul General for Japan ac found his family off bale and hearts campus Her Royal Highness, living on board a sampan occupied who turned round and bowed to the by defendant and his wife.. To clear gathering on the pavement. Other the matter up the whole of the cars conveyed the remaining mem-occupants of the bont were first bers of the party, offvers of the taken to the Stanley Police Station

and then to the Aberdeen Station, Hong Kong Police Force on motor cycles ateompanying them.

Mr. Hugh-Jones stated that re garding the present case there was no Ordinance giving authority to officials of the S.CA. to appear.

Their Imperial Highnesses were „The complainant should appear in the guests of honour at a luncheon person or by a solicitor, or counsel. party given by the Japanese Consul- General and Mra. Yoshida. In the Replying to the points raised, Mr. evening H.E the Officer Adminis Batters argued that the charge,tering the Government and Mrs. Being brought under the Protection Southorn gave a dinner in honour of the visitors at Government of Women and Girls Ordinance,

House. and the working of the Ordinance Prince and Princess Takamatsu, being under the Secretary for with the members of their suite, Chinese Affairs, with frequent re-ended by Marquis Hosokawa and the Marchioness, continue their ference being made to him, the journey by the Kushina Maru to Secretary for Chinese Affairs could day. The Prince is on his way to Europe, the Frimary object of the not be expected personally to per journey being to return the visit form all the duties imposed upon of H.R.H. the Duke of Gloucester to Japan last year as head of the him by the Ordinance.

Garter Mission.

Mr. Butters quoted the Inter pretation Ordinance and painted out that where reference was toade to any person by the term designat ing his offer, such term included the person for the time being execut- ing the duties of such office as well as such other person as may be appointed to perform any portion of such duties.

Two Ways, of Looking At It. His Worship indicated to Mr. Hugh-Jones that he thought that that was a strong point in favour

of Mr. Butters

|

Mr. Butters then outlined the case for the prosecution, and said that on information received, the Police raided No. 68, Laichikok Road, on April 20. A mani boi wna found and medical evidence would be produced to show that there were bruises and contusions all over her body. The mad but was found to have been suffering from fractures on the right-hand and 'the left elbow,

Oross-Examination Abandoned.""

A Friend In Need." The friend of Chan Kwong Sang, who gave information which led to the latter recovering his wife and children, told the Court that he actually saw the defendant sail his sampan" alongside the complainant's boat and ho actually anw luggage transferred from one boat to the other. He did not interfere, but he lost no time in communicating this fact to the husband when the latter" returned three days later. It was this witness, also, who located the complainant's wife in Stanley.

The witness added, in the course of his evidence, that the defendant was known in Aberdeen as a wizard..

The wife, telling her story from the witness box, atated that she owned a passenger sampan, She said that the complainant had "hypnotised" her. On the 'Ching she took the Ming Festival (April defendant as a passenger to go to A nearby, place called Sam Wan. On the way there defendant gave her a cup of tea to drink and ever since then she had been in a "con- tinuous state of stupefaction."

Mr. Lindsek: After one cup! Witness: Yes.

Mr. Lindsell: Well, if your hus- band believes that, I don't!

I Lost My Senses." Continuing, the woman said that she next Bw the defendant on Much difficulty was experienced April 24. The defendant came Mr. Hagh-Jones, however, thought in obtaining answers from the walongside her sampin and proceed- it was more in his favour. He retai, who was only seven years of ed to remove her property into his marked that any prosecution, under age, to the replies set by Mr. the Women and Girls' Ordinance Hugh-Jones. The girl was wreping had to have the sanction of the copiously and appeared to be much S.C.A., but the S.C.A. had no need frightened by her surroundings, and to sanction his own case.

aa a result Mr. Hugh-Jones had to forego his cross-examination of this witness.

own boat.

Mr. Lindsell: Did he give you another cup of tea?

Witness: Yes.

Mr. Lindsell: You were stupefied for twenty days on the last cup, but you were still willing to take an- other cupt

fed, after defendant had removed the property, I could recollect no thing more. I lost my senses.

Mr. Lindsell: When did you "come to "again"

几

Kr. Bugh-Jones said that the S.C.A's duties were only to 'sane tion

a prosecution, but if he

Medical evidence was given by brought 1 prosecution himself. Dr. J. Smalley, medical officer in Witness: Well, I was still stupé then be was not delegating." charge at the Kowloon Hospital, Resuming, Mr. Butters said that to the effect that he examined the he was appointed assistant of the girl on April 26 and found num S.C.A and in particular to naeist ber of bruises and contusions on in the work in connection with the different parts of the body. On the protection of women and girls. He middle finger of her right hand submitted that he was the person there were signs of a fracture. He skilled in the work of the Ordin- found other signs of a fracture on ance. The practice had been for the the left elbow. The fractures, wit Assistant 8.0.A. to conduct such ness stated, were very old as wers prosecutions, and he was not, as a also most of the bruises. Dr. Witness, continuing, told the result, usurping the prerogatives Smalley did not think that the girl of the legal profession. The assiet- had been given excessive punish- ment, as he could not defnitely attribute the marks on the body of the girl to thrashing.

Got .C.A was the person skilled in the practice and the proper person to bring the facts before the Court..

Ho Yee Koo, mistress of the mui

Mr Hugh-Jones intimated that faas, giving evidence, said that the remedy was very simple, as it although she had occasions to

Witness: After spending a night at the Police Station,

Mr. Lindsell; Enough to bring anybody to his senses, I dare say (Laughter.)

Bench that she had no idea what ever of what happened for three nights and two days.

fr. Lindsell: Did you tell your husband this story!

Witness: Yes, I have.

Mr. Lindsell: You have, indeed! At this stage M, Landzell

only required Mr. Butters to put chastise the girl, she did not ill-quired from Sub Inspector Baker, down his own name as the com- treat her. Referring to the marks who was prosecuting, where the plainant in the case.

on the girl's body, she said that evidence of adultery was coming After further discussion, his Wor- they were there when the girl came

from? Sub-Inspector Baker replied into her possession.

that he could not call any other ship said that what he could do was

evidence on that point. to remand the case for Mr. Butters to obtain legal authority to appear in Court,

Mr. Hugh-Jones remarked that, as he had pointed out previously, he, wes not objecting on behalf of His

In his anal address to the Court, Mr. Hugh-Jones submitted that there was not much evidence against

is client. Dr. Szonlicy had expres

#Liar!"

Mr. Lindsell (to witness): Why ed his opinion that the girl was not did you ever get into the defend excessively punished and there had ant's, boat that night-He called

crawlerat pup the

What did he say He said, Tou The girl had been well looked after and was happy during the time that better come on my boat."

What for?He merely told me he was with the accused.

that I'must.

the defendant in prison for an extra period It was finally agreed that the Magistrate should reserve his discision on the point and the The Magistrate, however, found case he proceeded with, and that that the girl had been ill-trented by his Worship should at some date the accused and accordingly fined give a ruling for future enser. her 2500 or three months' imprison

(Continued on next Oolumn.) mont.

stend. There was a fight and four

Defendant stated that he had nothing to say except that he would ask for payment in instalments. He Thursday, May 8, at 2.15 p.m. had promised to pay at the rate of

five friends of accused joined in the affray.

The Case was adjourned till

months he had been in difficulties COLLISION NEAR SHAMEEN. and offered only $1 a month, which Plaintiff refused. Defendant added

that while he did not dispute the claim, he objected to paying the costs.

His Lordship entered judgment. Eor

VENEZIA RUNS INTO A RAFT.

A report of a mishap on the out- the plaintiff on the amount ofward trip of the .. Venczin was claim, reserving his decision as remande by the vessel on her return gards costs and instalments until trom Canton on Thursday. At next week.

ST. JOHN AMBULANCE

is:-

BRIGADE.

VACCINATION-1920-1930.

about 1 p.m. the vessel was passing off Shameen when a raft fouled her track. A collision followed, the raft being broken up and some men who were on it were pitched, into the water. All of them, however,

are believed to have beer saved by other craft in the vicinity.

The number of persons vaccinated frer of charge--by members of the St. John Ambulance Brigade, up to A heavy tide was flowing at the and including Thursday, Maytime, and immediately after the mishap it is reported that the Venezia, drifted and at one time was in danger of colliding with a British river patrol boat. The 9,207 vessel eventually succeeded in get- 6,824 ting out of difficulties and reached 1,602 her wharf.

Chinese Y.M.C.A. Division 18,383 King's College Division

(Old)

King's College Division

(New) Railway Division Indian Division

Kowloon Division

4,055

23,241

Mongkok Division

48,349

Shaukiwan Division

7,008

St. Joseph's College Divi

sion

IRELAND.

1,433

-.!

Motor Drivers Association

I wish I were în Ireland,

Division

1,017 Chinese Athletic Division.. 10,89%

Un Long... Victoria Nursing Division Y.W.C.A. Nursing Division

I fancy I'd feel better

1,382

420

028

135,155

The public vaccination campaign. by members of this brigade is now terminated.

It is proposed resuming vagina- tion in September. The campaign has covered the City of Victoria, Kowloon, the New Territories, out- lying villages, island and boat population.

¿

Mr. Lindsell: Liar! Answering the Bench; witness stated that she was not interfered with in any way.

Before cross-examining, Mr. F. X. d'Almada, junior, for the de fence, stated that his instructions were that the boat on which the woman was found with her children actually belonged to the woman. The latter had hired defendant and. his wife to row the boat to Sham- chaipo.

Away from all this fog.

If I amelt the dear old bog,

Of course it has its drawbacks, And the sun won't always shine, But I always feel about Ireland

That it's mine, mine, mine! There's many real good padres Who live out in the Fant, But it's seldom that your eyes A dear old Irish priest. P I picture the small chapel "In the village far away,

And my eyes grow dim with tears When I pray, pray, pray,

3 BCC

The East has fascination, When we're young, we love it all. But in the Autumn of our lives T'is the real things that call, The old log on the hearthstone, The birds that sing in May, And, begob if I get back there

I'll stay, atay, 'stay.

F. H.

HEALTH BULLETIN OF EASTERN PORTS.

Plague.

Cases. Death

The health bulletin of Eastern Mr. Lindsell said that so far as ports for the week ending April 28, the adultery charge, was concerned, is as follow D' he must discharge the defendant.

The charge of harbouring, how- ever, was proceeded with. A Chi- nese detective gave evidence, in the course of which he said that the defendant, when questioned, had stated that the woman had quarrel- led with her husband, the complain- ant, and that was why she was living on the boat in Stanley.

A Question of Ownership. Evidence was also given by Sub- Inspector Baker to the effect that at the Aberdeen Police Station the woman had claimed ownership of the boat. She had explained that she purchased the boat from the proceeds of "certain articles of jewellery which she sold.

The witness also stated that the complainant had also claimed the boat.

Mr. Lindsell then, dismissed the shore of hechasing, dining po, pointed out that there was very grave doubt in his mind as to whe ther the bout belonged to the de- fendant at all. In order to establish secution had to prove that the boat. belonged to the defendant or was at least under his.control,

Alexandria Baghdad Bombay Rangoon Colombo.....

Olicleta. Bassein AİZABİN 1. Calcutta................................... 168 Bangkok servis Phor Penh . Saigon

Bombay

Calcutta

Cochin

Karachi

Madras

Moulmein

118

2

.19

Small-por. W

122

103

58

Rangoon.... Vizagapatam

Batavia Saigon. Canton Shanghai

Did he give you any reason!--the charge of harbouring, the pro- Cerebrospinal Fever.

He said, "You had better come on board or L'will kill you."

(Continued on next Column.)

Hongonz Shanghai

12 38****FE

NEW STOCK OF

GENTLEMEN'S

BATHING

COSTUMES

just unpacked.

These are the produce of the leading English," American & Canadian Manufacturers, and comprise many smart designs also plain colours, in Wool & Cotton, either in the one piece style with skirt, or two piece garment.

We allow 10% Discount for Cash.

SLIPPERS-BATH GOWNS

INSPECTION INVITED.

Wm. POWELL, Ltd.

10, Ice House Street.

MARVELLOUS

RECORDING ACHIEVEMENTS

Columbia

RECORDS

FLORRIE FORDE OLD TIME MEDLEY (SUNG BY FLORRie Forde) Including:-

HELLO; HELLO; WHO'S YOUR LADY FRIEND? THE LASSIE FROM LANCASHIRE-

DOWN AT THE OLD BULL AND BesH-TITTERARY- ANTBODY HERE Scey Kelly? HOLD TOUS Hand “Out Naughty BOY-FLATAGAN--.

ON OF ANTONIO-PACK UP YOUR "TROUBLES--

RECORD" No. 9780.

The Anderson Music Co., Ltd.

¤ I

HOME-MADE ICES

Are Pure and Taste Better

"WHITE MOUNTAIN"

ICE CREAM FREEZERS

are easily manipulated and are

4. A

made in several convenient șizes.

LANE, ORAWFORD, LTD

HARDWARE DEPT.