1931-08-20 — Page 7

SOLICITOR'S SERIOUS ALLEGATIONS.

DEFENCE OPENS IN WEST POINT GAMBLING CASE.

POLICE METHODS QUESTIONED.

The case in which thirteen members of the Sik Yes Club Wost. oint, are charged under, the Gambling Ordinance, was continued

Central Magistracy yesterday when Mr. Geo, K, Hall, Brutton. made a lengthy speech in opening the case for the defence...

Mr. Brutton challenged the propriety of bandcuffing the defor

and alleged that a search was made which, he said, was Illegal. He also made strong comments regarding the alleged tak

of fingerprints

CHINESE CLUBMEN INDIGNANT."

Mr. Brutton said. This club in question at present consists of 25 members, all of whom occupy good positions in the Colony. The Club is a social olub where people meet their friends and each other and

it is only recently that it moved into its present premises, 500, 505 and 510, Queen's Road West. The facts with regard to this case are that on the night of August several members came to this club during the course of the evening

|

HONG KONG DAILY PRESS, THURSDAY, AUGUST 20, 1931.

ESCAPES FROM DETENTION BARRACKS.

SHORT LIVED LIBERTY.

It is reported that "two privates: of the Argyll and Sutherland High": landers, who were detained in the Military

Dontentien Barracks,

mada good their escape, and ....al-! though a persistent soarch has been kept up, no traces of them have been found up till the time wriz..

The fugitives' aro Privates Camp- bolland, Wileen, both natives of Glasgo

and both youts of age. Their absence from the Detention was disccvore shortly Barracks after 10 a.m. yesterday and it was! stated that the men wors seen later

to the sergeant by some of the deat Blake Pier but fortunately for fendants: "You need not handcuff them, their description had not yet! us, we will go with you. If your then been circulated. It is thought Worship is satisfied on that point that the mon are trying to make the handcuffing is absolutely un- their getaway from the Colony sad no check, a sharp lookout in be- justifiable..

ing kept on all outgoing, boats, while the railway station is also being closely guarded...

The search, if it did take place, and we say it did, is also absolutely ilegal except perhaps in regard to

first, second and third defon dants and only if they were keepers, There is no justification under the

less they were keepers. With the warrant for searching any one un-

exception of probably three men, all the others at the time the police

and at 7 o'clock there was a dinner provided by the club at which a fow members were present. This dinner is given daily by the club At twelve o'clock there is a mido. 310, were in either No. 606 or

night dinner, which is paid for by the members and not by the club. The method of paying for that dinner is as follows: Auuming there are any games played that night, the winners contribute to the cook towards the expense of the dianer:

Each table cost $3 and there are ten to twelve persons at ene table so that the total cost of two tables for 22 to 24 people would he about 36. The winners at the games will pay this amount: 1f cigarettes and fruits are provided

entered the premises and came to

409 and therefore the handing and soarching of these people was absolutely improper.

As regards the finger prints thera was a case hore in 1917-a Full Court case-in which this question was brought up, but in that case it was ruled that as the man was a prison, in order to comform with the rules of the prison, one could have his finger prints taken in this case these people are not and never have been in prison.

It is only when a man is in prison and an application is made

they are paid for in the same way by the proper authorities for his No commission, whatever is acceptinger prints to be taken that such ed by the Club as the receipts from subscriptions (230 per month per member) is more than, sufficient to pay for running expenses; moreover the entrano fee is 9200. There is no reason why the club should charge any commission, The only contribution which is paid at all is

can be done. In this case two men objected but were told that it was essential and necessary to take their finger prints and the third man who. plijected had his hand forced on the pad. I-submit-in this cass four

Details of how the men mide their escape were not available but it is fairly evident that they had to scale the high the barracks will surrounding It was reported last night thit the two soldiers were captured in Kounedy Town yesterday afternoon.

KWONGSANG PROVED

LOST

FOUNDERS IN TYPHOON NEAR FUYUN ISLAND.

ONE EUROPEAN AND TWO CHINESE SOLE SURVIVORS.

Sprealations to the propable fate-of-the-Kwongsang bas besh brought to, a tragic conclusion by the receipt of a wireless message from H.M.8. Sepoy stating that there is, dainite proof that tas-ship foundered in the neighbourhood of Chupel: Pass, Tuyun Island, about sixty miles to the north of Foochow." It in believed that one European and two Chinese escaped alive from the wreck and made their way to the north west corner of Funing.

Witir a viow to obtaining conârmation of the statement regard. ing possible survivors. H.M.S. Sepoy proposes to continuo investi. gations in the zogion of Funing Bay this morning.

OFFICER RESCUED BY FISHERMEN.

An intimation that the Kwong | Bank Going to Walshing's Rescue, enig might be considered lost was There seems to be little room for contained in an earlier message doubt that the Kwongeng met with despatched from Shanghai, which disaster in going to the assistance stated that the Kwongsang of the distressed Waishing, of the tory had apparently been solved same company, which had ucen by the finding alive of one driven nähora in Nam Kwan Har- foreign ship's officer, pear Fuyun bour, Funing Bay, at its northeru. Island, sixty miles north of most point, which is about 25 |

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HONG KONG-CANTON de quantity of wreckage had it is obvious that the typhoon

Toocbow, and that overal bodies miles south of Nam Kwan Harbour. Wm. POWELL, Ltd.

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ly afterwards."?

things have been done by the police place. As soon as he got this game which were unjustifiablo: (1) arrest started, he left the Club; with what that by the winner at a ma jonging people not in No. 510, (2) hand-purpose? The police arrived short- or any other table to meet the cost cuffing, (3) searching, and (4) tak- of the midnight dinner and for no ing finger prints. other purpose.....

Arrek Unjustifiable.

Continuing, Mr. Hall Brutton asked why it was necessary to play with money if markers were used He suggested that the money cane to be on the table because it was

Mr. Brutton said that another man was actually fetched from. the Kain Lang Hotel to the Club just Lefore the raid..

little doubt that the whole came I think your Worship will have has been got up for the purpose of assisting the police to raid the place. Since the club started, the game of la kai had never been play ed and it was played that night simply because Ng Kui Wan want.

nesses in support of Mr. Brutton's statement.

The defence then called wit-

Mui Cheung stated from the wit Hess box that he was a member of the Sik Yue Club. He paid 8200 as entrance fee and a monthly subscription of 830. hindu night in question, a boy served him On arriving at the Club on the with a cup of tea and took off his long out. He asked, for some to he sat down at a mahjongg table, bacco for his long pipe, after which near an opium divan Two other. men were with him, also a sing-song girl called Yak. Lank to line dan

A Game of Ta-Kai.

It is to me, and I hope to your On this night there were two tables in the club. At one of these Worship, abundantly clear why tables there was a man named Tang Chu Nam (the detective) and his Fu and another man by the name

colleague allege that the members of Ng Kue Wan who had visited of the club were all in No. 610, as that club for the first time that otherwise the whole arrest was un night. During the whole of that justifiable and everything elso ined a game." dinner this man was pestering unjustifiable. They have got to poople to play ta kai. They refused allege that the men they have here und did not want to play. After dinner this man Ng Kuo Wan orto-day and the other ten men who dezed one of the boys to get a table are absent were all in No. 510 ready in No. 810 to play to kai. The boy placed on the table a bowl, dics and the long, onunters and nothing clas. Then as no one ap peared to play he commissioned the boy to go round and ask, each in- dividual member of the club to come and play He succeeded in getting thrown on the table after the search five members, after he had visited The search, it was alleged, took Nos, 806 and 508.

You will notice from the charge place while Sergeant Fitches was that these people are all charged at the back of the promises with with gambling the first three with the first and second defendants keeping a common gaming house on The bandenffing took place after the the second floor of 510, Queen's Road West, and the other defen: members were rounded up in No. danta with playing in a bommon 50% gaming house. We are entirely Regarding Mak Tan, who confined by the charges her to that alleged to have been said that the 510. I submit, your Worship, that mission, Mr. Brutton said if I prove to your satisfaction that man was cleaning up an opium pipe any one of the defendants occupied before the police arrived, and that a cubicle or any portion of No. 508 when he was arrested, he was in or 506 he has been illegally arrest the servants quarters sitting on his ed, that the warrant under which own bed. the search was made only called"

el

shout from another portion of the While seated there, ho heard a Club, calling on them not to move. and a Chinese detective appeared and dragged a man from amongst them. Befere being dragged away. he was struck in the chest by the

Alleged Taking of

It is understood that both H.3S Spnoy and the as Fooshing have landed parties on the shores of

•

been, washed ashore near the same juust have been of very, great, in point. The news was obtained from tensity in this area. a dsberman in Funing Bay, and was reported via H.M.S. Sepoy by the 8.6. Fooshing, which, in conjunction with 'the destroyer, had been en-Funing Bay in an endeavour to gaged in a search for traces of the locate any possible survivors, and missing vessel for nearly two daya.

to establish the identity of the reg cued European who is believed to First News of Disaster, An official statement was issued be quite well, despite the terrible

experience he must have undergone.. to the Press yesterday by Messrs. Jardine, Matheson & Co., Ltd., the Mr. Hood, the Chief Officer of the

by Chinhua Sights Body. local agents of the Kwongsang, the.. Chinhus, which arrived in text of which was, that information Hong Kong yesterday from New- has been received that a vessel ischwang vid Amoy, reported at the reported sunk at Feyan Island, alsoarbour Office that after leaving Amoy the ship passed a body in a that many pieces of Indo-China standard life-jacket some distance 8.N. Co's lifebelts and a quantity Southwest of Fuyun Island. A of ostensibly ground nut oil has rope ladder was also sighted font ing about off Seson Rock. The boen seen on the water surface in ship encountered in strong wind the vicinity.

and heavy seas during the voyage that the body was that of one of the down from Amoy. It is believed persons on board the ill-fated

It is also reported by the lighthouse keeper that the bodica of two far eigners and two Chincke have been washed up, the body of one foreign- er being washed out to sea ngain. These bodies are unidentiable.

Every endeavour is being made by the Naval Authorities and the 5.8. Fooshing to establish definite grounds as to whether the above is or is not in connection with the Kwongsang, and investigations

are proceeding..

Kwongsang

The Ship and Her Complement, The Kwonganng was under the command of Captain 0.1 A Hendry, the others being Mr. G. E.

Beck (Chief Officer), Mr. J. Rees (Second Officer), Mr. 8. E McKinley (Chief Engineer), Mr. W. R. Cochrane (Second Engineer), and Mr. A. K Amos (Third),

In addition, the vessel carried a Chinese crew of 56, and possibly a Lobai Years Confirmed.

few Chinese deck passengers though The inter message, of the Bepay no details have yet been received ment of the agents but confirmed The Kwonganing was on the Hong not only substantiated the slate-from Shanghai, konden

the fears of the greater part of the Kong-Tsingtao run. She left shipping community of the Colony, | Shanghai on August 8, being due in for although hope for the safety Hong Kong on Wednesday, August of the Kwonggang had never been 12. She carried general cargo and quite abandoned, the opinion had some oil. The boat is 2,233 grose been held for some days that she tonnage, and measures 200 feet in terrife typhoon which ravaged the 42.1 feet. She was constructed at had met an untimely end in the length, 15.2 feet in depth and beam North China coast on Saturday Newonstio in, 1009 by Messrs, Wig and Sunday, August 6 and 9.

POLICE RESERVISTS AND

THEIR KIT

ORDER FOR RETURN BY MAGISTRATE

ham, Richardson & Co.

non-attendance. They had been in- sative for some considerable time and had not taken any interest.——-

Continuing, Mr. King said that. the orders containing the informa tion of the two defendants having been struck off the roll was pub

This was after sumhe had, written to the Inspector mong before Mr. W. Schofield yes General of Police and had obtain- tectives eren went into the enbicies today at Central Magistracy whoned permission to do so under Seo, and dragged the immates out. Ho

detective with his finger-Prints, Megers, W. G. and C. R. G. Hamlished on July 28.

Witness recounted how they were figured as defendants in a mustered together, and handcuffed

in pairs. He alleged that tile de

Mr. D. L King, Deputy Super

issued from the Police Dep

The automons was subsequently

ment," explained, Mr. Mow applied for the

Ho

"of this

upon them to arrest any person Mr. Brutton, had only just arrived custody were searched, and the to return their equipment to the dinance of 1997,

Another of the defendants, said also alleged that theso taken into they were summoned with failing tion 10 for Lite Police Reserve. Or- found in No. 310. So, your Wor from the To Yuen Club and was money taken from him and from Police Department after their ship, if I prove to your satisfaction not there more than a few minutes another man whom he saw, was names had been struck off the Hong that certain people were uovery near when the detectives arrived. added to the money on the table. that table at all, these pooplz Regarding à man named Chan Notes of high denominations,adah

Kong Police Reserve register. should never have been arrested. Sing, Mr. Brutton said that that a 8100 or 5000 were not retained,

Handcuffing Ausged. man got up from the table whet but returned to the men from whom intendant of the Police Reserve, equipornt, mounting to, 897.93 in. The handcuffing, searching, which the cry of Police was raised but they were taken during the search. we allege, and the taking of finger that he was "scited, struck, and Not until someone had told the who prosecuted said that the the case of W. G. Ham and printa are absolutely illegal and pushed back

ushed back persons, and police that those arrested were equipment were issued to the C850.55 in the case of C.E.C. The police have no right, whatever

said Mr gentlemen were they freed of to bandouff, search or take finger Button, were in a cubicle with two their handcuff men on June 22, 1927 prints. The members of this club Indies and the first intimation that At The Police Station, declared a receipt for this and in May this are most indignant that they they had that the one were on witness, despite his objecting, his should be put to the indignity of the premises was when the detoo-finger-prints were taken, asalah having been handduffed, searched Lives came in and told them, to put were those of the other prisoners: the return of the equipment. Mr. King said that the equipment, and having had their anger prints on their long coate as they were In answer to Mr. Hall Bration, taken. We have got in evidente wanted outside, an that no one attempted to copperlons Allegation

hey gave

year, he wrote to them making for

should the equipment not be avail- able, but, of course the return of the equipment was to be preferred,

if returned, must be in good order,

Mr. King Stated that the two by witness said, he was the owner of men had not attended any of thủ. The defendante pleaded that they

considerable. properly in Bongs fem Kong and "chewhere. The olles

from the premises, and the only Thero is little doubt whatever | justiboation for, handculling, any continued Mr Brutton that Ng one, I submit, is when he has made Kuj Wan went there that night for an attempt to escape or if there is the purpose of getting up a game, a likelihood of hab escaping. Wo and misting the police to raid the

(Oontinued on nexe Column,) shall give evidence that it was put

stobets of the Club were ano.men Chinese Company and of means, being merchants and sidered advisab business people have her P

Tho, came was again adjourned until Thursday afternoon.

their resig

Toff the roll

Was con siven one week in which to restore

fortFalling

them pay the posts to the Police Accoun the Company for, tanta Office.

10, Ice House Street.

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