1930-08-30 — Page 6

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HONG KONG DAILY PRESS, SATURDAY, AUGUST 30, 1930.

EASTERN NEWS IN BRIEF

PARS FROM EVERYWHERE.

A group of German merchants are making arrangements with the Chinese authorities of Tientsin for the establishment of a tobacco Inc- tory there with $15,000,000.

capital of

Mr. Chen Shih-taong is deter mined not to become Managing Director of the China Merchants S.N. Co. and bas left for Nanking to present his resignation to the Central Government personally.

HEALTH BUREAU

CASE.

JUDGMENT FOR THE DEFENCE.

LENGTHY SUMMING UP:

APPEAL POSSIBLE, "

At Central Magistracy yesterday, Mr. H. R. Butters delivered judg- ment in the case in which Kwok Chun Shing, formerly manager of the Health Service Intelligence Bureau, was charged with, the alleged forgery of a voucher for the sum of $520, purporting to be signed by one "T. E. Leung" who, the

As hundreds of Chinese labour-prosecution alleged, was a fictitious iers in Japan have recently been person..

sent back to China by order of the

The defendant had been previous. ly before the Court on twenty-twe Japanese Government, the Nan-charges arising out of the loss of king Foreign Office will lodge a two sums of money.

with Mr. strong protest

M. Shigemitsu, the Japanese Chargé 'Affaires in Chios, concerning this matter says the Chinese Press.

It is learned that the National Government in Nanking has ac cepted the invitation of the League of Nations to send a delegate to the Naval Disarmament Conference to be held at Geneva in October. Admirul Tseng Yi-ting, Comman der of the Torpedo Squadron, bas been recommended to the State Council by the Ministry of the | Navy as China', delegate,

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Heiung Kuo-hua, former Com- missioner of Social Affairs for Nanchang, who was arrested on August 7 by order of the military authorities of that city for being secret agent of the Communists in Kiangai Province, was shot on August 20. Haiung was a graduate of the Chungshan University, Can ton, and was once an officer of the Shanghai Gendarmerie Commis- sioner'e 5th Division,

Recently a wolf has been seen on the hill west of the Tung Shen village, near Chefoo, says the

Chinese Press. Its stature is

2

little bigger than a common dog The other day when a poor woman of the village was plucking beans on the hill the beast suddenly ap peared and came forward with the intention of devouring her. Just them a peasant came to the scene and drove away the wolf, leaving the woman in complete safety.

on

The death, took place in Peitaiho

August 17, of Mr. James Stewart, the oldest member of the British community in Tientsin. Deceased has been a resident of Tientsin since 1868 and was for"a time in charge of the Chinese Ar- senal. He was to have celebrated bis 80th birthday on September 23, Deceased, like his father who lived for more than 100 years, wag al- ways in good health. He leaves five sons and two daughters to mourn his loss.

Plea Accepted.

I therefore accept a ples of autrefois aquit and proceed to con- sider it on its merits. In is agreed that to determine whether such a plea is available it is necessary to ask:-(1) - Was the prisoner Win

jeopardy" on the first charge?; (2) "EVERYTHING was there a final verdict: (3) was the previous charge substantially the same as the present one ? --

In the present case the answer to the first two questions is in the affirmation. It is only in regard to the third question that there is any doubt. Mr. d'Almada has argued that the charges are the same. Mr. Lo that they are not.

Mr. Butters then quoted Kenny's outlines of Criminal Law, saying that the test embodied therein has beer frequently employed, and after applying it in the present case, his Worship said that judgment is that the defendant is altogether dis charged from the prosecution.

Mr. d'Almada then applied for a certificate of discharge which the Magistrate agreed to give.

Appeal Likely.

Mr. La then addressed the Court

and said that there had been many eases where notice of appeal was One of these formed the subject given but nothing resulted. He of the present proceedings, and would, therefore, make no promises after the case was heard, Mr.of an appeal but he would say that Grantham, the Magistrate who tried the prosecution had already retain- it, ordered the defendant's aced Counsel with a view to appeal! quittal

if the case went against them. He would now place all the depositions of the case before the Court, but whether they would appeal or not depends on Counsel's advice..

Mr. M. E. Lo was for the pro- secution and Mr. F. X. J'Almada represented the defendant.

The Judgments, Giving judgment, Mr. Butters said:

The complaint against the defend-i ant is that on or about the 9th day of April, 1930, at Victoria in this Colony he unlawfully did utter, then well knowing the same to have been feloniously forged, a certain "document to wit a voucher purport- ing to be signed by one T.. E. Leung for the sum of $320

The defendant was summoned to appear on the 19th July before this Court to answer to the complaint.

When the case came on for hear ing Mr. F. X. d'Almada, sar., for the defendant pleaded not guilty and autrefoix acquit Mr. M. K Lo, for the complainant, submitted that the acquittal of the defendant un certain previous charges was no bar to the present complaint and stated that he would ask for an opportunity to quote cases if neces- sary.

His Worship gave leave to appeal and then raised the matter of re- cognisance which he fixed at $2,000.

Submitting that that was too high, Mr. Lo said that Counsel's fee and other costs connected with an appeal would not amount to $2,000,

He suggested that 3500 would be enough.

Mr. d'Almada was in favour of recognaisance being fixed at $2,000. He said that in the previous ap- peal Mr. Grantham had fixed $1,500 and the appeal did not come off.

Mr. Lo said that it would be a shock to the public to know that it cost as much as $2,000 to institute aa appeal, but his Worship did not reduce the amount.

AGED WOMAN'S BRAVE ACT.

DIVES IN HARBOUR AND

RESCUES CHILD.

The Magistrate then went on to give the facts regarding the pre-

Pedestrians passing Connaught 18, defendant was charged with effort made by an aged woman to vious charges. saying that on May Road Central witnessed a heroic converting into his own use two sums of $450 and $20 belonging to save the life of her 6-year-old the Health Bureau. Twenty-two grand-daughter shortly after 11 other charges were then added, of am on Thursday. which, the 3rd, 4th, 5th and 6th refer to the $520 and these were nid ander varicus sections of the Larceny Ordinance No. 5 of 1665.

After hearing the evidence of both parties, Mr. Grantham discharged

the defendant.

Not Satisfied, Continuing, the Magistrate said, that in his cross-examination of the complainent, Mr. d'Almada elicited from him that he was not satisfied with Mr. Grantham's decision and that he would continue to prosecute till he was satisfied that there was actually & T. K. Leung,

The case of the prosecution har ing closed, Mr. d'Almada submitted that Section 17 (2) of the Forgery Ordinance No. 11 of 1922 under Section 8 of which the complaint was brought, the complainant hav

A special meeting of experts of the Ministry of Communications and the three foreign Cable, com- panies, namely, the Great Northerning proceeding in respect of the same facts under the Larceny Or-' Telegraph Co., the Eastern Exten-

dinance was estopped from now sion and the Pacific Cable Company proceeding in respect thereof under was held at Nanking last week to

the Forgery Ordinance. He also discuss the various points regard ing the cancellation of the cable quoted cases in support of his plea contracts between the Chinese Gov. of autrefois acquit crnment and the Companies con- cerned. The results of the meet ing are stated to be satisfactory. Another formal conference, ig sche duled for Tuesday, the 28th, when ndefinite settlement is expected to be reached.

An attempt was made last week to blow up the Peiping Tientsin Railway bridge at Peitsang, a few miles from Tientein and to "de- stroy a train coming from Peiping Workers noticed something tied to the rails and, on approaching to investigate, they discovered & bomb, Afraid to touch it, they waved frantically and managed to stop the train which was approaching just a time. The bomb was found to be an infernal machine of such power that had it exploded it would have totally destroyed the hridge and plunged he train into the stream bolow.

A Bad Plea?.

Mr. Lo, at the next hearing, re- ferred to the King v. Banks (1911 3 K.B.D. p. 1095) and submitted that the double plea of not guilty and autrefois ucquit was bad, and stated that he would not object to the withdrawal of the latter..

The decision on the point. taken was reserved, and Mr. Lo ther proceeded to quote cases in support of his submission. He also argued: against the interpretation by Mr. d'Almada upon. Section 17 (2) of the Forgery Ordinance, submitting that the section had nothing to do with the question of autrefois acquit

Mr. Butters then remarked thet ho concurred with Mr. Lo's inter pretation of this section, and he would now consider the submission that the plow of autrefois acquit was bad after a plea of not guilty. After reading the report of the King v Banks (1811 2 RB. p. 1095), the Magistrate said that it was The Navy Office Authorities in stated in the judgment of the Court Tokyo, are busily engaged in pre-in that appeal, that, the point parations for the grand naval re being dn extremely technical one view to be held in the southern

may properly be met by a technical Pacific during October. In view

answer," but it would seem moet of the fact that the review will be

unfair to deprive by a technically the first held after the London

a dolendant, who has already faced Naval Limitation Conference, much over twenty charges and had been attention will be focussed on the acquitted thereon, of his right to activities of submarines and naval plead autrefois acquit.

S aeroplanes from the strategic view, point. It is expected that the 1st

which will be organized temporari

with the vessels now out of commission, will participate in the campaign under the personel com- mand of the Emperor The sum 05.4,000,000 has been appropriat ed for the purpose in suite of the retrenchment policy of the Govern ment

Ara E therefore bound, by the de- cision in the King Banke to, bold

fois acqua is bad and to refuse to consider it I think that I am not

Continuing, Mr. Butters said that in the present complaint, no objec tion was taken to the admission of the plea and the point was only faken by Mr. Lo subsequent to Mr d'Almida's address.

into the water from a house-boat The little girl accidentally fell. and her father dived in search of her but without succcaS. The grand-mother of the child, inspite of her age, jumped into the far- hour and succeeded in picking up the child who was rushed "to the Government Civil Hospital in £ critical condition.

The fl

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