1930-08-26 — Page 7

LAU FAMILY CASE | SHIPMASTER FINED.

CONCLUDES.

BOOK ENTRIES STILL

A PUZZLE.

CHIEF JUSTICE RESERVES

JUDGMENT,

Counsel engaged in the Supreme Court between Lau Yick Cheak and his sister-in-law, Lau Lain Shi, argued on the legal aspects of the

OVERLOADING OF S.S. TAI LEE.

COUNSEL'S PLEA FOR LENIENCY,

Comdr. JB. Newill. D.S.O.,

HONG KONG DAILY PRESS, TUESDAY, AUGUST 26, 1930.

HEALTH BUREAU

CASE.

LEGAL SUBMISSIONS TO

BENCH.

MAGISTRATE ADJOURNS FOR

CONSIDERATION.

Kwok Chun Shing, an ex-em-

R. (retired), aftting as Marine ployee of the Health House Wash Magistrate yesterday, imposed aing and Disinfecting Bureau, whe fine of $250 on Capt. A. Elvidge, of is charged with uttering a forged the s.8. Tai Lee, when the latter voucher, was again before Mr. H. was found guilty of having allowed R. Batters yesterday: his vessel to be overloaded on

case and the evidence yesterday when the hearing was concluded.

Mr. Eldon Potter, K.C., "and Mr.. F. C. Jenkin, for the defence, had August 18. Defendant, who plead

It will be remiled that the de- fendant bad previously been acquit

DISHONEST TICKET COLLECTORS.

KOWLOON-CANTON RAIL- WAY "DEFRAUDED.

SINO-GERMAN AIR

MAIL.

AN AMBITIOUS SCHEME.

LUFTHANSA COMPANY'S

OBLIGATIONS,

examined the books since the Ing, ed, not guilty, was represented by. ted by Mr. A. W. G. H Grantham Superintendent of the railway- în accordance with Chinese law for.

partment, prosecuted.

Mr. Leo d'Almada, jar, while Mr. hearing in an endeavour to ascer-D. G. Cairns, of the Harbour. De- tain the true position regarding a sum of $20,000 which, is entered in one place with the character for repayment," and is another with the character for "deposit," Mr.

Mr. Cairns said, that he visited the ship about 6 p.m. on the day in question and the top of the disc was then awash on both sides.

tion.

on twenty-two charges of alleged embezzlement and misappropria-

prosecution

Mr. M. K. Lo appeared for the and Mr. F. I.. d'Almada was for the defence.

The defence had previously plead-

:'

POWELL'S

10, Ice House Street.

A trick practised by two ticket collectors of the Kowloon-Canton Railway with the object of convert-" Important details of the ambi- ing second and third class tickets ticus contract entered into bowook described to Mr. Whyte-Smith at and the German Lufthansa Com- into money for their own use, was the Ministry of Communications

Kowloon Magistracy yesterday, pany for the operation of Sino- when Sui Kai and Luk Yui Kong Gorman Air Mail and Passenger were charged with having applied Service, have been disclosed.

The contract, it is learned, pro- or disposed of the tickets to their own benefit.

... wides for the organization of Mr. M. I. B. Trevor, Traffic Sing-German Aviation Corporation

company, said that

on August 19, the operation of the air lines. a report was made by the trafic The Corporation is to have A inspector that there was a certain capital of 83,000,000 to be divid misuse of railway tickets by ticketed into 3,000 shares of $1,000 each. collectors on the British section. The Chinese Government will hold The information was to the effect 2,000 shares; the Germany Com- to )pany :1,000 shares. Within three Canton and stations on the Chinese months after the coming into force section were being made use of by of the contract, the Chinese Govern- the collectors. These men, it was ment is to pay up $200,000 of the GOLF HOSE stated, re-sold the tickets, thereby subscribed, share capital; the Ger- depriving the railway of revenue. man company, $100,000. Within Proceeding, Mr. Trevor stated nine months, the German company that he went into the accounts and is to advance adequate funds for found certain discrepancies. Tickets the purchase of all necessary ma- issued for the morning train were chines and equipment, and in can discovered to have been again sideration thereof, the Sino-German Corporation is to issue to the Ger- In answer to a question by the man company shares up

to the Magistrate, Mr. Trevor said that value of the funds so advanced. tickets were punched by the collec

The administration of the Cor- tors. It was likely that the de-poration is to be vested in a Board fendants had issued the used tickets of nine directors, of whom six are on the accord. occasion without to be nominated by the Chinese punching.

..

Jenkin said that their examination There was a lighter alongside the ed not guilty and also autre foir that tickets already issued

of the books had failed to throw any light on the apparently conflict ing entries.

During an "argument Mr. Sheldon, for the plaintiff, said that if there was more than one sum of $20.000 then the books must have been faked for the purposes of the case,

Mr. Potter replied that be, was not suggesting this was so and he

vessel with a cargo of flour which was being loaded on to the vessel, officer was on board at the time. butadeither the master nor the chief He then went back to the Harbour Office and returned to the ship again, accompanied by Mr. A. G. Cooke, also of the Harbour Depart ment, and on examining the disc, they found the port one awash,

equit.

Mr. Lo cited authorities at great length to show that in the former case the defendant was never im perilled with a conviction of utter ing a forged document, The whole test; said Mr. Lo, was whether the defendant was ever in danger of being imperilled to uttering forged document:: If the Court

preferred not to dwell on the point while the centre of the starboard found the he did not stand in issued in, the evening train.

any further.

Mr. Chan Heung Pak, secretary of the Chinese Chamber of Com- merce, was called to give evidence on the entries in question. Witness said that he had examined the books and was satisfied that the entries referred to the same $20,000, and he went on to explain why the different words were used according to Chinese book-keeping.

Submissions by Counsel...

disc was submerged some 14 inches. This was about 6.20 p.m.

Master Informed.

The draft of the vessel, continued witness, was in ft. 8 in, and 10 ft. 4 in. Soon afterwards, the master returned and was informed that the ship was overloaded. About minutes later (8.58 p.m.) the master examined the marks.

Witness said that on their way down, they saw flour being dis In the course of his arguments | charged into the lighter, and an for the defence, Mr. Potter sub- mitted that in law the partnership was dissolved on the death of Pau Ping; " that being acy the repre sentatives of Lau Ping had certain well-defined rights. Apart from the evidence went to show that they received the sons as partnera in a reconstituted firm in place of their deceased father, and that monies paid to the Lau Fong Yu Tong were paid with the intention that they were payments into Lau Ping's estate. There was also the serious question of assignment of property with which he proceeded to deal.

Jaw

Counsel referred to the lady's arrest in Canton and remarked it was strange that proceedings were not taken in Hong Kong. It was hardly likely that E. C. Lau was

such a place then the question of autre fois aquis did not apply:

Mr. Lo, who cited authorities throughout the afternoon, asked if the defendant's acquittal in the earlier case urder Section TAB of the Larceny Act was a bar to fur. ther proceedings under Section 8 of the Forgery Ordinance.

Mr. d'Almada, just before Mr.

An arrangement was made where by the two defendants were re- lieved "from duty before the de- Butters indicated he would adjouraparture of the Canton train. The to consider the submissions, re minded his Worship that if the prosecution once chose to proceed under the Larceny Ordinance, they ander the Forgery Ordinance. were precluded from proceeding

The hearing was adjourned until

Friday:

two men were taken to the traffic inspector's office, where they were searched. In the case of the first defendant, the second and third class tickets found in his possession were valued at $8.25 and in that of the second defendant at $2.85. -- Mr. J. M. Almada Remedios, for the two defendants, submitted

other inspection carried out later showed that the ship had come up, and was about on her marks, the port dise being submerged while the starboard one was clear of water. The actual draft at this time was about 0 ft. 3 ins. and 20 It. MILITARY POLICE STONED. that there was no evidence to sup- kain told you he had discharged

Mr. d'Almada: You say the capt water ballast 7-Yes.

Would it surprise you to learn and the tanks were empty for the that the ship carried no such ballast, last two months I am only re- penting what the master told me.

Mr. d'Almada: I submit that is

only hearsay, evidenco; and should be struck out.

Witness persisted that when he first went on board the flour was loaded, and not unloaded. At that time there was no list whatever but at about 6.20 p.m., there was a decided list to starboard.

the Tai Lee is a difficult vessel to Mr. d'Almada: You know that

load 1Yes, I know that,

af

AN EXPENSIVE PASTIME.

weeks hard labour, was the sen- A fine of 330, or in default, four tence passed by Mr. R. E. Lindsell- on & Chinese who was convicted yesterday of throwing stones at Military Police in Spring Garden

Lane.

port the case for the prosecution-

His Worship, however, decided to

Both collectors, it was stated, had convict and fined each defendant 850, or one month's imprisonment.

good records in the railway previous to their present lapse.

PORTUGUESE LAW?.

OFFICER NOT ALLOWED TO".

APPEAR IN COURT:

Lance-Corporal J. McPhillipa of landers, in giving evidence, stated the Argyll and Sutherland High- that he was on duty in Cross Street with Lance-Corporal C. Woodhouse

silvoz change dropped by & Euro- at 10.45 p.m. on Sunday. The de- fendant was seen to pick up some

You mean to say that between

pean, He was chased by the When a traffic summons against the sort of person to give her every the first and second inspections, Military Police, and while running N. C. Sanchez, an officer on board information. Mr. Potter continued about 20 minutes, the ship changed away, he threw a atone at his pur; the Portuguese maa-of-war Adam that no Counsel could say that the from a list to starboard to a list to leg but did no serious injury. Wit- astor, who was charged with driv

suers. The missile grazed witness! lady.cin. be compelled to rearsign port Yes.

Did you yourself stop the disness was unable to tell the Court ing a motor-car at a dangerous property without an order of the charge of cargo 1-No.

.how the man came to be in ponses speed on the Castle Feak Tond on Court. Further, it cannot be Did you go back to the ship eion of the stones.

Juyl 8, was read at Kowloon seriously contended that the points about 9 o'clock, and tell the master raised in the case should not have the ship was all rightYes,

Clanke told the Magistrate (Me Magistracy yesterday, Sergeant cause she was all right then. I left her shortly after.

Whyte-Smith) that the defendant gould not make an appearance in. Court Sergeant Clarke intimated the defendant had told him that, as an officer, he was not allowed, according to Portuguese law, to appear before a Magistrate,

The defendant claimed that he the Ydumati Ferry Wharf. As he was walking home to Taihang from

was passing Cross Street & stone fell near him. He picked it up and was immediately seized,

been brought before the Court. On these grounds and the evidence before the Court, Mr. Potter sub-

I put it to you that at no time mitted that the defendant was was there a list to starboard such entitled to judgment with costs.

as you mention 1-Yes, there was.

I put it to you that only the port In his address on behalf of the disc was submerged ?--No, the list plaintiff, Mr. Sheldon referred at to port was caused afterwards be- Jength to the suggestion that there had been a breach of trust in deal cause of cargo having been dis- ezz'émi

charged.

ing with the properties The evi-

Do you know that between the dence brought proved that the time you left and the time you monies belonged to Lau Ping's came back, 381 passengers came estate, and this fact had not been aboard 1-No. controverfed. In conclusion, Coun- sel submitted that the defendant. Mr. A. G, Cooke then corroborat knew at the time that the estate ed the evidence given by last wit

was held by her on behalf of Lau Ping and that her neglect to obtain all the necessary information, has been the cause of the present pro- ceedings

His Lordship reserved judgment

GOVERNMENT HOUSE.

ness,

Captain's Story,"

His Worship pointed out that if; defendant was going to Tai Hang from Yaumati, he would have taken

& tram.

did you discharged between 6 p.m. His Worship: How much cargo. and 7.10 p.m. -About 500 bags of four, each weighing 50 lbs.

Plea for Leniency, Tam Wai Shan, the compradore, then gave evidence supporting what the Captain had already told the Court, and there being no ques tions by the prosecution, Mr. d'Almada, said that in a case like this where evidence was necessarily of a conflicting nature, certain allowances must be made. He then reviewed the evidence given by the officers and his client and, conclud. ing, said: There is to much con fict of evidence on the part of the prosecution, but even if your War ship decides there is ground for the prosecution I must remind you that the captain had already given the order to unload before the officers came aboard. This was three or four hours before he ac tually sailed. If the ship was over-

Government; "three by the German company. The. Board is to have

one chairman and two vice-chair- men. Under the Board, there shall be three departments; namely, bui- ness, finance and operation. The capital and other cash assets of the Corporation are to be deposited in

Chinese bank.

The corperation is to operate the following air mail and passenger lines:

vill

1. Shanghai to Berlin Nanking, Tientsin, Peiping, fan chuli, and Siberia

Berlin : við

2 Shanghai to Nanking, Tientsin, Peiping, Kulun (Outer Mongolia) and Siberia...

Siberia. Nanking, Sinkiang, Kansu and 3. Shanghai : to Berlin: nid

FATAL MACHINE-GUN 'ACCIDENT.

FIVE PERSONS KILLED IN "SWATOW!

According to a Chinese report, five men have been accidentally killed in Swatow during machine. gun practice.

A practice was being held by the machine-gun corps of the 62nd Canton Division on the beach on Thursday last and a notification had

any one from entering the area. previously been issued prohibiting

However, a sampan entered the prohibited area by mistake and received a fusillade which instantly killed these on board. The victims included a boatman and four hotel. tout for business on board a certain employees who had been sent to

steamer which was arriving in port at the time.

The defendant, however, sent & sailor to appear on his behalf. When questioned, it appeared that the sailor did not have & suficient command of the English language for the case to make any appre clable progress. His Worship even-y tually adjourned the case and in structed Sergeant Clarke to sum- mon the defendant himself at the next bearing

Capt. Elvidge then went into the witness-box and told the Court that he went on board his ship at 8p.m. when he read the draught and found that the ship was nearly down to her marks. As the passengers had not come on board then, he gave orders to the ship's compradore to have certain cargo unloaded and Tuesday, August 19-The Hon. this order was carried out at once. Mr. AE. Wood left Mountain The Boarding Officer came on Lodge and Mr. 8. Jenyus arrived. board at about 6.20 p.m. a when Lady Peel gave a small tennis they told him the ship was over party,

loaded, an argument ensued. He Wednesday, August 20-Lady then examined the starboard disc Feel gave a small tentis party and this was clear of the water. Thursday, August 31-His Excel- The discharge had stopped when lency presided at a meeting of the the Boarding Officers left the ship Executive Council. Mr. Hornell af 7.10 p.m. and from that time died at Mountain Lodge, SEN till about 9 p.m. when Mr. Cairns | loaded at all, it could only have Friday, August 22-His Excel returned again; there was no far been for 20 minutes 1ank your lucidating of the then unlanding In fact they took 1 Worahin to read this as a trivial "University Coumar The Hon Why383xpessengere ombo

07 tesknisel allanse, al mendesi pros and Miss Mackie dined at Mountain

that an offence bas been committed Lodge

and think that a small fine will meet the case. AROMA

His Excellency and Endy Peel with their party attended a dance given by the Hoa Mr. and Mrs H. Creasy at then house.

Saturday, August 23-Mr. S Jenyns left Mountain Lodge.

Concluding, Capt. Elvidge said that he made a statement to the officers about water ballast as there was none on board. He, however, His Worship: I am of opinion carried 25 tons of coal in the aft that it was quite possible for the -hold; this was carried because of list to change as described by the the typhoon season,

Boarding Officers. I must convict, (Continued on nezt: Column) and impose a fine of $250,--0

'MOTOR ACCIDENT AT TAIPO.

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According to the Chinese Press, BADMINTON

five people were injured, two seriously, when a motor-car feli into a deep gully at Taipo shortly after 6 p.m. on Sunday afternoon.

If is stated that a Chinese motor car merchant was testing a new car, the other occupants of which were his parents, his wife and a friend. The car started from the Kowloon Ferry Wharf and as it was approaching Taipo at about 5 o'clock, it collided with a tree, after which it fall into a gully about

Sergeant Clarke told his Wor- ship that when the position was placed before him by the defendant, he advised that the defendant could either get a solicitor to ap- pear on his behalf, or he could send somebody to the Court as his representative, and the officer had decided to send the sailor.

fifteen feet deep. Magistrate (to defendant's repre-driver's mother and wife wern The car was wrecked and the sentative) Is defendant going to seriously injured and were

guilty or not guilty

Subconscious state while the other -and-received comparatively minor

injuries

In spite of his injury, Yu pro- seeded to the Taipo Police Station and reported

Occurred An ambulance was summoned, and the five injured people were taken to

seem to understand the question

His Worship remarked that the defendant should come to Court in person at the next hearing, which was fixed for August 29, when the service of a Portuguese Werpreter will be available

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