1930-05-27 — Page 7

THE HONG KONG DAILY PRESS, TUESDAY, MAY 27, 1930.

ALLEGED EVASION OF DUTY

CHINESE WINE.

INTERESTING CHARGES AGAINST WINE DEALER AND DISTILLER.

ON

PROSECUTION CLAIM TO HAVE FOUND TWO SETS OF BOOKS.

An interesting case in which it is alleged that the licenses of the Po Fung wine shop, of Belchers Street, the proprietor of the Tin Wo distillery of Castle Poak, and two others, are sup posed to have defrauded the Revenue Department" by evading duty on certain Chinese wines, was commenced at the Central Magistracy before Mr. A. W. G. Grantham yesterday.

Mr. H. A. Taylor, of the Import and Export Department, prosecuted and gave a lengthy account, not only of how the alleged fraud was perpetrated in this case, but also of the work. jog arrangement that is now prevailing between Chinese wine shops and the Revenge Department. His opening of the case is given in full below.

Mr. M. K. Lo appeared for the master of the Po Fung wine shop and Mr. F. X. d'Almade, Sr...represented the master of the Tin Wo distillery of Castle Peak.

HOW SAM CHING IS CONVERTED INTO SEUNG CHING.

J

A GALLANT RESCUE

LADY FALLS OVERBOARD IN MID-OCEAN.

MR. T. R. ELWORTHY'S BRAVERY.

The arrival of the R.S. Em- press of Russia from Shanghai yesterday brought yet another tale of a heroic deed when the vessel was in mid-ocean. The story can eerns the rescue of a Bussina lady passenger, Mrs. Annisinova, whe had accidentally fallen overboard, by Mr. T. R. Elworthy, the ship's carpenter. Passengers on the vessel were high in their praises of dr. Elworthy's act and they also paid. tribute to the way the skipper Capt. A. J. Holland, manoeuvred the vessel under rather difficult con- ditions.

STRIKE INCIDENT RECALLED.

ALLEGED WOUNDING OF A BUTCHER.

ACCUSED DISCHARGED EARLY

IN THE PROCEEDINGS,

At the Criminal Sessions yester- day, before the Puisis Judge (Mr. Justice Wood), a man named Hui Tim was on trial for alleged wound- ing of Leung Lin Shing, a butcher,, on the evening of July 6, 1925. De- fore the close of the defence, how-

over, the jury expressed the opinion that the man was not guilty."

Mr. H. G. Sheldon, instructed by Messrs. Russ and Company, ap peared for the defence.

".

A Difficulty la the Orown Case, In opening the case for the Crown, Mr. Somerset Fitzroy stated that he was in an awkward position be- cause the complainant, who gave evidence at the Police Court, bad

since died. The jury would, there-

them.

Passenger" Oveźboard"] Nothing unusual occurred during the passage from Shanghai till about In outlining the case, Mr. H. A. Į If the visiting officer goes into They have all been to my office and 11 am. on Sunday, when Mrs. An Taylor, who prosecuted, said:-The a shop and demands to know the produced their books and they will

come here to give evidence that will nisinova, who is a physical culture first defendant Wan Yip, is the store of spirits found in the pre-prove that they have sold no spirits teacher, dancer and swimming in-re, have the evidence read out to licensee of the Po, Fung shop, and mises, he ran check by this Rod to the Po Fung shop.

structress, was seen on deck, talk-

Mr. Fitzroy said that during the he is charged with, the possession Label Book whether the entries in What the Customers Will Say.ing to some stewardesses. She had strike of 1925 the work of slaughter- of 20 gallons of dutiable spirits, the firm's books are proper, and

The Red Labels Book shows that her morning tea and then walked

ing and butchering was carried on which were found on his prentises nothing further is said about the 678 red labels have been used be along the deck, and the next thing with difficulty owing to many of the tween February 2 and May 14. The that happened was that the alarm, men leaving the Colony. The com on May 14 and also with extensive spirits if he is satisfied

entries in this book should agree dealinga in dutiable spirita between

with the goods outward book. To that a lady had fallen overboard, plainant was one of those who re February 2 and 14. The second and

account for alf-these red labels he was raised. Fortunately, a steward has to prove the receipt of 800 to who was standing near by at the third defendants, Chan Man Chak

700 jars of seung ching. His goods

What is Soung Ching? **On May 14, at 7.30 a.m., I went to the Po Fung shop with Ip

mained at his post.

On the evening in question, nt

and Kam Wan Ye, are the accountKwai Chung. The second and third inward book does show this if we time fung a life belt overboard, about a quarter to nine, the man

ant and assistant, respectively, of

the Po Fung shop. They were in charge of the shop on May 14 at the time of our visit. The fourth de fendant, Lam Wing, is the license

defendants were on the premises, in addition to two or three other is. At the rear of the shop were found 20 jars of spirits containing four gallons each, of seung ching-

duty paid labels, and according to

was returning home after visiting some friends when he was suddenly attacked by two men who were

By this time the passengers WATO attracted to the deck and here they armed with daggers. They stabbed saw the lady swimming. Two life.

of the Tin Wo Distillery, of Castle These jars were sealed with red of them altogether, and of these. boats were immediately lower him in the chest and arm, and ap-

קי

Peak

The Books Involved.

I hope to prove that, the fourth the statements made to us, they were Fung records selling to them. They

defendant had taken orders and collected money for spirits delivered by the Po Fung shop over the period covered by the charge. His atme, I shall prave, appears in the „“Po Fung shop faki book" and I shall also produce another. book

to be delivered to the Wing Loong shop of Queen's Street. We opened two or three jars and found the spirits they contained was simply spirits of wine to which a small quantity of rice spirits had been added. It is not spirit produced ty, the Tin Wo Distillery and it is The second and not imported.

but Mrs. Annisinova disappeared from view. However," the Empress was further manoeuvred and the

then a fair distance out, but as the lady was seen again; the boats wATE

son was high and choppy, it was feared that the life boats would not get to the lady in time

include the four shops I have men- and the bridge being notified, the tinned, but it does not if the four heat was turned round at ence. shops say they did not sell winc to the Po Fung shop." The custom ers ledger, shows 681 jars during the same period. I have interview- ed all the customers. There are 22 17 have received more jars of spirits from the Po Fung than the Po will also produce their books and red passes which they received with they will produce the Po Fung's the spirits In nearly every case they will say that they ordered the spirits from Lam Wing, and that, later on, Lam Wing had collected the money, on behalf of the Po Fung, The Foki Receiving Order shows clearly the day on which the the order; the kind of spirits ordered, and the date of delivery, to show that the order is completed. It records no dealings with two big and three small shops in Kowloon. With these five exceptions, it shows dealings with all the people in the- Po Fung customer's ledger.

parently being satisfied with the condition in which they left the man, the assailants got away covered from his wounds and he The complainant, however, re

hospital. was eventually discharged from

Last year the accused returned to the Colony and went to work at the market. This came to the know. ledge of the complainant, who, how ever, for four or five months, did nothing in the matter. His ex- It was at this stage that Mr Planation was that as he had been compensated by the Government,

"None But the Brave,

from the Po Fung called Foki Lam third defendants claim that these order was given; the shop giving Elworthy dived overboard and there was nothing more to be done.

spirits came from the Tin Wo Dis tillery, or perhaps from the Wong Hang Yuen, a Chinese wine and spirits shop. I may mention that this shop never purchased from the Wong Hang Yuen.

Nearly 4,000 Gallons.

swam out to the lady. The gap between them was rather big, but swimming strongly, he eventually reached Mrs. Annisinova, with the passengers cheering loudly-

The third life-boat was then law.

Mr. Ip and I took a rough stock of the spirits on the premises and asked for their books. The cominda

ered and Mr. Elworthy soon reach spirits in which this shop deals is seung ching made from rice and

We come now to the amount of ed this with the lady. The boat was molasses. the alcoholic strength spirits which they have dealt in, then drawn towards the ship, and being from 22 to 25 per cent. Sam in this way under this period. In the hero was more or less exhauted ching is similar but is slightly stead of receiving 700 to 800 he stronger, but it may be sold as actually received 512 jars of duty- by his efforts, as he had only recent seung thing after it has been paid spirits. He has sold accord-ly recovered from an illness. Mrs. broken down to a smaller alcoholic ing to his own customers state- strength.

is 769 jare of four gallons each. about an hour. menta, 1,274 jars. The difference Aunisinova was in the N During the period under review he

Wing Receiving Orders Book, which is apparently a book, in which is entered up all the orders he received. In that book are found entries relating to spirits delivered by the Po Fung shop. I shall prove that a large proportion of the spirits delivered is dutiable wines; I shall produce the "Goods Inward Book" and show that many of the entrits in that book, are fictitious. I shall also produce people to say that over this period they have bought more spirits than is actually shown in the defendants' books, These Chinese spirite shops "are licensed by the Superintendent to deal in spirits wholesale and retail. They should keep an "Inward

On the 14th, after checking the will also have sold a certain amount Goods Books" which should show stocks, we asked for the books. of this type of spirits under the a record of all spirits purchased. Almost the whole of the books were"Jug and Bottle Department," They generally keep a customers found in open drawers, or in a rack and a few lots of one jar as well. ledger, showing purchases by at one end of the counter. The The period under review is roughly various shops from them, and a books were all taken out and 100 days, and a fair allowance to Goods Outward Book," which re-identified by Mr. Ip, and ever since make is two jars per day or 200 cords all spirits leaving the premises that, they have been in my office jars in all. This makes 062 jars and that means that ali entries in safe. At the time of finding the of spirits which we claim came into the rough Goods Outward Book books, I also found a bundle of the Po Fung's possession contrary should appear in the customers duty paid forms and of passes from to the Ordinance. This makes 3,548 ledger

the distillery. After we had finish-gallons, altogether. I have made no The Red Labels.

The "Faki Book."

to

for

The evidence given by the com- jury. In the course of it the man plainant was then read out to the stated that he was attacked near a tea-house which was well-lighted, and he was, therefore, in a position to recognise his assailanta

Mr." Fitzroy went on to say that an interpreter who took down a statement from the accused was not available owing to illness. evidence, told the jury that the ac His Lordship, in raling out this cused had denied the charges all along.c

Defence Submit "Ho Qase."

After the close of the Crown case, Mr. Sheldon submitted that thero was no case to go to the jury. Counsel said that the case against the accused rested entirely on the depositions of a man who was since dead. There were extraordinary features in the case, one of which was that the complainant had stat- ed that he worked with a man for three years and yet did not know his name. Was it credible that after spending some months in hos- pital, the complainant would keep quiet for four or five months after seeing his assailant before he made a report to the police ?

Passangers' Appreciation. Mr. Elworthy was the recipient of a shower of congratulations, and the passengers speak in the highest terms of praise of what they call a very gillant act. To show their appreciation, a fund was started sum of G.8200 was collected and and handed over to the hero. In addition to the praise which went Mr. Elworthy, considerable credit goes to the navigators of the ed looking at the books in the special allowance for the balance of liner, who maneuvred the vessel in In addition we issue Red Duty-drawers we found that one drawer stock at the end of Chinese Newa most seamanlike manner. Paid Labels. We issue them free was still locked and we were told Year because they have never had

His Lordship said that the ques- and the conditions of the licenses by the second and third defendants very big stocks at the shop at any

tion would have to be left to the your Worship, by looking at. the are that the shops keep a Red that they did not know what the time.

jury to decide. At counsel's request The only other point is whether wording of the present charge. I the Court adjourned for ten minutes! Label Book in which should be re drawer contained. We got a screw-

orded the number of jars and the driver and took the lock, off, and the Po Fung shop is able to get want to tell your Worship frankly in order to enable him to see the

we found in that drawer" the Lam date on which the labels are used, and also the name of the shop cover. Wing Foki Receiving Orders Book." count of spirits to the large that I am not in a position to de- prisoner to enable h

amount shown. Spirits of wine can fend if my friend is going to put When the Court resumed, Mr. and by the labels. Labels are not In the same drawer we found be purchased in Macao at 70 cents in those books, unless he gives the Sheldon said that the accused would Required for less than 20 catties at small receipt book and a cost price per gallon. One of this stuff makes books to me and gives me an op- give evidence from the witness box, requeThe labels books must, book, also a weekly return book about four gallons of spirits corres-portunity of going, through the but the defence would be a short the customers ledger. It may not Distillery and our Department ching. We are constantly seining friend suppliet me, with copies in dealings with the complainant when therefore, more or less agree with which is used between' the Tin Woponding to the strength of eeung items with my clients, or unless tnyone. The accused would relate his ngrée absolutely because a shop.mav This "Foki Book" is one of the spirits of this type. The Po Fung Chinese and English to enable me they worked next door to each be selling spirits which it had re- most, important, books in the cast shop is at the far end of Kennedy to defend this case other in the Kennedy Town laugh- ceived from a distillery or from the in that all the transactions in duty Town in Belchers Street, That Imports Office examination shed, in paid spirits are recorded, except position is, the extreme end of the exactly the same conditions as when transactions with two fairly large it came in, that is, with a green shops in Kowloon and two or three

smaller shops. label om:it

"This which found in

Where the Wine Came From,

The

To papir shop was found under extraordiany thing, hour- a green label. This label has a

in English and is noticed, com-

caution on it it be broken when

Chinese Revenue Officers' beat, and with a little study it will be quite simple to know the time the B.O. will be in the neighbourhood.

Defence Objects. the close

Particulars Wanted,

It would be a traveaty of justice if I were to say that I represent the first, second and third defend ants for obviously it would be better for them to say to me. Cicar out, Mr. Lo. Mr. Taylor knew all along that these books not accessible to us after he had visited the shop. Now only do I know that.

ter house for a period of three years.

The only importance of this evi- dence, counsel continued, was to show how extraordinary was the story of complainant that he worked with a man for three years and still did not

once alleged

paring the books, that about two outline Mr. Le complained of the

A Conspiracy Alleged. the container is opened. It is a or three times as much spirits paas vague wording of one of the charges

Counsel submitted that there had imatter of common knowledge to all ed through the "Foki Book" as the which he claimed was unintellig-I am supposed to have sold more the wins trade that we have an customers books records as sold.ible, even to the keenest intellect." jars than I recorded in any regular been a conspiracy against the sc Having discovered that, we sent Continuing, he did, I tell your books. He alleges that I recorded cused, which had begun 'some years inspector going round examining these Goods Inward Books, cas for the licensees at the various Worship frankly that until Mr. in my fraudulent books the quad ago, when s union of eight firms, tomers ledgers and other books, shope and we found that their books Taylor opencil his mouth and stated tities that I really sold, but even known as the Wing Rok Union, was They know that he goes round and agreed with the Lam-Wing Foki what the case wae, neither my there, my books are not complete formed with the idea of cornering sees whether the recorded amount Books, and not with the hooks client nor I knew what this case In short, I wish to make an appli- the market in the supply of meat entered in these books approximate proper. The Goods Inward Book was going to be. We thought it cation to your Worship that this to the troops Accused was not an ly agree and whether the wines owe any purchased the ardinary and were case he not heard until the defence employee of any of the firms in the has been given the proper parti combine, and he was instruments! kafolat in the whan coincides with the duty-paid wines from seven con- found on our premises, and we

One urtera tougher methystonlar your worship getting mvestock 26 In addition to the red labels it fourth defendant's distillery. An we thought they wanted to call will listen to an application of this and bringing down the market price.

source is under Import upon the shop to prove that we kind because it is not a waste of That was the cause of t is a good practice to make out & other red pass to a Company whenever Permit." The third course is the actually hought this wine or came time. It is impossible to defend proceedings. any-spirit is leaving a shop. This Mau Yuen shop at Hungham, by it in some proper way. They without going over the books, and At this stage, the foreman of the paas is issued by the Importa and These three sources are genuine. are not charged with a systematic that is no fault of mine

inry hapunced to his Lordship that Mr. Lo, however had no objecthey were of the opinion that the Exports Office in books in 100. There are four other shops mention mutilation of books or with forgery

purchases. That tion to a suggestion from the Bench, doused wes not guilty Crown Each pass is numbered and showsed as having sold considerable to cover their real the name of the consigner and con- quantities of spirits. They are the charge could not have been appre- that formal evidence bo taken that counsel having no comment to offer, his Lordship accepted this verdict signee and the amount of spirits it Wing Loung, Wan Hang Yuen, the ciated by me and, I may say, by afternoon.

Shiu Lin and Hang Ching Long (Continued on next Column.) The hearing was adjourned;

aad discharged accused is intended to cover.

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