1930-05-14 — Page 7

ACQUITTED OF NINETEEN CHARGES.

MAGISTRATE RULES NO CASE TO ANSWER IN THE "LONG FIRM FRAUD" PROSECUTION.

DELAYING PAYMENT IS NOT CRIMINAL.

The long frm fraud case which had occupied several lengthy hearings at the Central "Magistracy before Mr. A. W. G. H. Grantham was concluded at the Central Magistracy yesterday," when the Magistrate decided, at the close of the evidence for the Prosecution, that no fraud had been proved.

The defendant, Chai Kai Sang, of the Chan Sun Chong firm, was faced with 10 charges in all, these being in respect of suns totalling over $10,000 representing goods obtained from ten different Preditors by the Chun Sun Chong firm.

Mr. H. G. Sheldon, instructed by Mr. E. S. C. Brooks, was for the prosecution and Mr. G. S. Hugh-Jones was for the defence.

CREDIT WITHOUT INQUIRIES AT ALL.

When the Court sat yesterday Did you know what he was doing afternoon, the prosecution called a there -I can't swear as to what salesman of the Wing Sun Knitting he was doing, but Sergeant Murphy Factory who deposed that on March told me he was there in connection

10 he received an order from the Chun Sun Chong firm for 250 dozen singlets. The written order was given by one Ip Shin Yan and not Witness said by the defendant. that the defendant called on his Factory in March and had ordered goods. The witness had inquired who were the partners and man- agers of the Chun Sun Chong firm and was told that Ip Shiu Yan was the manager and that the defendant himself was the buyer or purchasing agent. He was satisfied with this information.

The written order from Ip Shiu fan, said this witness, ncerned a deal of ever 250 dozen singlets of various kinds. Of this order, 173 dozens were delivered. Later 60 dozen vests were delivered by the knitting factory to the Chun Sun Chung frm on a verbal order from the defendant.

.

with the car.

And the next time you saw him, where was he then -In the detec- tive "office.

THE HONG KONG DAILY PRESS WEDNESDAY, MAY 14, 1930.

GOOD TIDINGS FOR THIRSTY SOULS.

HONG KONG'S HIGHER WATER STORAGE.

SHING MUN RIVER YIELDS..

31 MILLION GALLONS.

The total storage in the island reservoirs on the morning of Mon day, "May 12, amounted to 854.57 million gallons, showing an increase of 48.71 million gallons during the past week: the amount collected from streams being 88.58 million gallons.

The week's consumption amount, ed to 81.77 million gallons, which in cludes 20.00 million gallons from the Shing Mun Supply.

GENERAL HEALTH PROPAGANDA.

COMMITTEE'S REPORT TO SANITARY BOARD.

TEACHING OF HYGIENE IN

SCHOOLS URGED,

KIDNAPPERS GET GAOL TERMS."

SALE OF A GIRL IS

PROVED.

SENTENCE MITIGATED DUE TO GIRL'S PRODUCTION.

At the fortnightly meeting of the

Three Chinese were convicted by Sanitary Board yesterday, a minute Mr. T. S. Whyte-Smith, at Kow- by the President relative to the loon Magistracy yesterday in con- proposed amendment of the by-laws nection with the alleged sale of a governing eating-houses and the ap-girl. pointment of a Select Committeg Mr. R. H. Butters, of the Secre to exercise the powers and fanctariat for Chinese Affairs, prosecut- tions of the Board led to some diaed, while Mr. Arthur Covey was for. cussion. It was eventually agreed the first defendant and Mr. C. E. to leave the decision in the hands L. Grist for the second. of the Committee, provided that in any case where they were not up animous in their agreement the matter would be brought before the full Board.

It was alleged in a previous hearing that the first defendant received 8140 from the second accus- ed on the sale of the girl. The second defendant; in tura, handed Another minute by the President the girl to the third defendant, who dealt with the report of the Compaid $175 for the transaction. mitter on the subject of "general health propaganda. The President said that the Committee was ap-

Kowloon Water Supply. The total storage in the mainland reservoirs on the morning of Mon- day. May 14, amounted to 38-4.98 million gallons, showing a decrease of 2 million gallons during the past week.

The week's consumption, not in-pointed in October last and had cluding Hong Kong supplies and

now submitted their report. There He was there voluntarily, I take 12.19 million gallons delivered to

were two suggestions made by the Committee. The first was that it-Yes, so far as I know.

prizes be offered for essays. The other dealt with the questica of asking the Government to afford facilities for teaching hygiene in achools by the provision of lettur-

Do you know of your own know ledge if there was a warrant out for. the arrest of Ip Shiu Xan of the sine firm ?—Yes.

Do you know if that warrant was issued after the arrest of the de- fendant i-Yes, atter the arrest of the defendant.

At the instance of the same people 1-That I don't know.

On the 15th when you saw him up here, he remained up here some while. I think -Yes, part of the forenoon and in the afternoon up to six o'clock.

Oreditors Interrogated.

What was happening all that time 7-The creditors were being interrogated.

Thirty Days' Credit. nder cross-examination by Mr.

Do you know why he stayed, sil Hugh-Jones, witness said that he that time I think he was there to made no inquiries about the Chun help things out. Sun Chong firm. He had given He was not arrested at that time thirty days' credit because he felt and there was no warrant against that if he had not done so, the busi-him 1-No. He came up here, I ness might have gone past him. He think. to explain the position. We also admitted granting “a return

were then trying to decide whether commission and a special com it was a civil debt or long firm mission for the deals which he

fraud."

water boats at Lai Chi Kok, amounted to 29.18 million gallons.

The yield from the Shing Mun River and streams during the week

was 51.27 million gallons,

ers.

J

The defence alleged that the child was merely adopted.

"A Common Kidnapper." In convicting the first defendant, the Magistrate, remarked that it was hard to arrive at any conclusion other than that defendant was a common kidnapper. He had given no evidence in support of his story

and had absolutely failed to', show

that the person called Man Chi, whom the defendant referred to, Complainants Undisturbed.

The President "said that, as a

had any title to take charge of the The different transactions, with the matter of fact. he understood from sale of the girl. The adoption plea previous ones and those which form the Director of Education that was a ridiculous one, and further, the subject of the present charges, hygiene was at the present time the defendant had failed to show. were in some cases for cash, some being taught in the schools. He why he was concerned in the trans- for seven days' credit and some for

referring the matter to him again, house. thirty days' credit. But even in the thought no harm would be done by action which took place at his case of cash transactions, there was

The Director of Medical and delay for payment which did not Sanitary Services also spoke, point

to disturb the different.com- ainants. They seem to have waiting out that two officers and two some months without consider- nurses were working in conjunction ing it a serious matter-in fact, one with the Education Department. of them remained on quite friendly terms with the defendant. In the transactions which form the subject of these charges, the cash was awing, for the most, for about six to seven weeks-no longer than in previous transactions where the delay had seemed quite satisfactory Now, ali that scem consistent with an honest business. It rather looks to me like a firm which is not in a very sound financial position, that is to say, rather short of money which has to pay off ita creditors. That is not in itself criminal. We il, at one time or another, I ex

had with the defendant's firm. He When was the interrogation ofpect, have to put off ereditors did not agree with Mr. Hugh-Jones the creditors completed 1-It finish-long as we can. The mere fact that that this was in the nature of aed shortly after 6 p.m. but some there was a delay in paying off these special inducement to obtain the came back on the following morn-

debts shows no fraudulent intent, to my mind. custom of the Chun Sun Chong,

ing and it finished at about noon on Mr. Shalden Is your Worship the 16th.

Of the goods delivered, the total value of which was about 8800 edd. he later took back about $200 worth when he learned that the Chun Sun Chong could not pay.

about to digiss all charges 1

Mr. Grantham: Yes.

Did the defendant return on the Mr. Sheldon: If that is your 16th-He did.

intention, I should like to address And at the end of your interroga-sour Worship first.

Mr. Grantham: I think counsel tion of these creditors, the defend- for the prosecution or defence bas only the right to address the Court once before a Magistrate.

Mr. Hugh Jones: Did you know, ant left the Police Station, I think then, that Ip Shiu Yan had abscond--No, he was arrested A warrant ed?—No.

had been taken out for his arrest in the meantime.

Why did you take the goods back -Because payment had not been made on time.

What that as a result of a tele- phone message which you got from defendant-No.

+

Don't you remember having a telephone conversation with him in which you accused him of transfer ring your goods to a competitor No.

You deny that he rang you up and asked you to take your goods back I do not remember that.

More Oredit.

He

came back quite voluntarily

on the 18th -Yes, that is correct.

You did not require his presence at all-Well, I told him to re-

turn.

".

I

In no case during that time was he doing so under any authority by the Police I mean it was all voluntary As far as I know.

"Transactions" Recent?

mem.

Referring to the charges against the second and third defer.dants, the Magistrate pointed out that as a conviction was registered in the first charge against the first defendant, them it followed that the defendants were guilty of the other charges. The second defendant was between and had nothing to do with the actual sale of the girl. The Magistrate added, however, that it

09

must be remembered that if there

were no go-betweens, there would be less kidnapping.

#

•

Solicitor's Protest.

The Hon. Mr. Braga pointed out that graat-in-aid schools aboutd share with the Government schools in the benefits of any scheme for teaching hygiene. "He thought also that if there were going to be any reorganisation scheme," the bers should be given a skeleton idea of what it was proposed to de. Mr. Lo, rising to speak, said that he was only supporting Hr. Braga's

Mr. Covey pointed out that the "thirst for information in that first defendant was not charged Wine."

with kidnapping and that the There was no other business of Court must not conclude or surmise. public interest. Mr. G. R. SayerHis Worship replied strongly that presided at the meeting, members be held that there had been kidnap- present being the Hon. Dr. A. ping and that the child had been Wellington (Director of Medical kidnapped. and Sanitary Services), the Hod. Mr. H. T. Creasy, C.B.E. (Director tried to buy the child, the Magis As for the third defendant, who

of Public Works), the Hon. "Mr. J. trate observed that she did not P; Braga, Dr. W. V. M. Koch, Mr.make inquiries to ascertain if it M. R. Lo, Mr. Wong Kwong Tin was a bona-fide transaction.

Mr. Sheldon: I would like an and Mr. T. X. Chen. opportunity to submit that there is

a case to answer in law.

Mr. Grantham: There is no case to answer on facts,

Mr. Hugh-Jones: I think if my i friend has any right at all, it would, only be in reply.

Mr. Grantham: Counsel can only address the Court in the beginning

once.

Simple Explanations,

| MONEY-LENDER TO GET

A MONTH.

MOTOR DRIVER" TELLS A

HARD LUCK STORY.

A Chinese driver employed by the

Mr. Grist said that the defendant had been informed that the child's parents were dead.

Mr. "Whyte-Smith replied that in these days of so much kidnapping, the defendant should have taken more care. However, be would put it to her credit that she had pro- duced the girl and that it w13 not one of those terrible cases where' the child could not be recovered."

His Worship added that he would

labour.

The Magistrate then went on to Hong Kong Garage was sued in deal with a document which had the Summary Court yesterday, be been produced by the prosecution fore the Puisne Judge (Mr. Justice also put it to the credit of the first in which it was shown that the This clored the case for the pro- goods ordered by the defendant Wood) on a promissory note for defendant that he had reported the secution and Mr. Grantham then had been shipped away and the 8200. The plaintif, Sawan, a matter to the police. Whether he

prices filled in that document bad reviewed the evidence which had always been shown at a lower figure money-lender, also claimed 824. did it to attempt to get out of been called before the Court. He than the actual price that was which he stated represented six legal difficulties was not known, but The proprietor of the Man Hing said: Having heard all the evi- paid. "The prosecution, says that

months' interest. ..

it took him out of the category of Knitting Factory also gave evidence, dence for the prosecution, I should be deducted from that is that it the most reasonable inference to

The defendant made a statement kidnapper. For this reason,, in the course of which he stated decide whether a prima facie ease a fraud," said Mr. Grantham, in which be said that there were added the Magistrate, he did not that he gave credit to the Chun bad been made ont. There are 10 but it seems to me that there are

too many motor drivers in Hong intend to impose the maximum charges arising out of transactions a number of equally good explana San Chong firm on a deal involving of a similar nature. The considerations, one of which occurred to me Kong, and for that reason there penalty of a year's imprisonment twenty odd dozens of silk socks and tion of the charges fall under two even prior to the cross-examination had been a reduction in wages, and 24 strokes, which he would have ten dozen of cotton and woollen sections, firstly, are they fraudulent, by the defence. These goods were In his own ease be received $75 otherwise donc, but would sentence nars. He attended what was des and if they are fraudulent, do they being sent to a foreign country, and

show that there was a conspiracy to they were marked below price for month, in addition to $10 for keep the defendant to four months' hard hed as a meeting of creditors of defraud 1

the sake of Customs duty, perhaps, ing big vehicle clean, but he was the Chun Sun Chong firm. He If the answer is in the affirmative, Another equally possible explana now getting only 360 a month with found at that meeting that the books does the evidence show that the tion was that they go rid of the on the firm were on a table avail- defendant took part in all these goods as quick as they could in out the allowance. able for anyone's inspection. transactions There are a number order to get hold of ready cash.

Both aides admitted that only of outstanding points from the evi- The defendant seems to have given $100 was advanced on the note, the

Mr. Covey remarked that the first dence of the various witnesses. The every assistance to the creditors, plaintiff following the usual ens, Detective Inspector W."Shannon first is that the subject of the one of whom was quite willing to tom" of obtaining a note for defendant had already served two

Defendant, stated that defendant, was arrested charge-the different transactions-go and find Ip Shiu Yan, and it double the amount, at 2:18 p.m. on April 10 at the de- are all of comparatively recent date. was because they could not find him however, claimed that he was hable months in jail during the hearing. tective office at Police Headquarters Most of them seem to have been that they arrested the defendant. for two months' interest and zo of the case and asked for this term by virtue of a warrant which be transacted in the latter part of As is generally known, where, a six months. produced to the Court.

February or in March. There is creditor cannot collect his debts," Defendant said the reason why

The Magistrate refused, and Mr. Hugh-Jones (cross-examining): evidence that the firm has been very often pressure is brought to he was sued was because he refused Was that the first time that you established since the seventh moon bear on the relatives of a debtor to accede to plaintiff's request to pointed out that were it not for the Hru Teen B

osteome are heart wat ons bargitikting terminal, proceedings. A This statement facture the defendant -19ked. the previous day and also a week ence at that time. Four of the It seems to me that, on the whole, was denied by the plaintiff, who the matter to the police, the prior to the tsih.

complainant firms have had prethe prosecution has not shown that stated that a friend of the defen Was this warrant issued on April viona transactions-that is, trans- there had been any fraudulent in- dant advised him to issue a writ in maximum penalty would have been 10?-Yes"

actions prior to the ones for which tent and there is nothing to show order to get in the money little by imposed. It indicates, In what circumstances had you they have not been paid. Lo all that it was intended that creditors little.

the Magistrate,that he may not should be left high and dry." His Lordship entered judgment casion I merely saw him in the de- appear to have been paid. tective office with Sergeant Murphy."

ments of 87 a month being ordered. case, but that is all"

Police Evidencé.

The second and third defendants were each fined 8300 or two months", hard labour.

to be subtracted from the sentence.

#added

seen him before On the first oc- these. previous transactions, they The defendant is discharged on all for the plaintiff for $208, insta.have realised the seriousness of the

(Dontinued or next Column.)

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