1931-09-10 — Page 6

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HONG KONG DAILY PRESS THURSDAY, SEPTEMBER 10, 1931.

ALLEGED DEAL IN FORGED BANK NOTES SZE YAP DISPUTE.

PORTUGUESE AND CHINESE COMMITTED FOR TRIAL

GUIMARAES, ON, SECOND CHARGE OF FRAUD:

SAME METHODS. ALLEGED W

Kong Sze Yick and Leo Arthur Guimaraes, who were charge ad before Mr. Williams, ut, Central Magistracy in connection with an alleged fraud of 87,000 from a Chinese newspaper man named Wong To Po, were yesterday committed by the Court to stand their trial at the next Criminal Romione.

next Criminal

The Court then doalt with charges against Guimaraes in con- nection with another alleged fraud of 83,000 from one Ho Fo Yim, Mr. 1. B. Whyte Smith for the Crown, outlining the facts of the case said that the alleged victim in this coss was afraid to report the matter to the police because he realised he had been taking part in a questionable transaction, w

According to the Crown, Ho Po Yim, on failing to recover the money that he, had lost, posted a notice on the door of 0, Caine Road, reading: "It is heroby respectfully, informed that, I have been swindled of $3,000 in this house, resulting an livelihood and family being destitute. What a greivance and detestation"

A VICTIM WHO KEPT QUIET.

At the close of the evidence for the prosecution in the first{cancj Mr. Hin Shing Lo made a lengthy submission to the Bench to the effect that his client, Kong See Tick, had no case to answer

SECOND CASE AGAINST

GUIMARAES

CROWN OUTLINES DETAILS OF ALLEGED FRAUD,

FULL COURT DECIDE IN APPELLANTS' FAVOUR..

NOTICE OF MEETING HELD

TO BE INADEQUATE,

Judgment in "favour of the aps pellants in the Bze Yap Steamship, Company oglad was delivered by the Full Court of threo judgon, the Chief Justice (Bir Joseph Kemp): and the Puisno Judyo (Mr. Justice. Lindse:1) agreeing with the judg ment of Sir Peter Grain (Presid ont) which was read yesterday. Tho Full Court decision net naide the original judgment of Mr. Justice Wood, granting an injunction to a body of directors restraining other ilitesters from interference in the management of the company's bual-

DOEE

The Judgment.

The judgment of Bir Peter Grain. stated that the original proceedings began by an application on behalf. of the Ste Yap Steamship Co., Ltd., (then the plaintiffs) for an injunction to restrain the prosent appellants (thon the defendants) from dealing with the funds, us

ng the seal, and otherwise Interi faring in the management of the Company (which was granted). The appellante wore the origida. Directors of the Company,

· Later the ikanes vero enlarged and the case heard before the Act ing Chief Justice (Mr. Justico J. B. Wood), when he had to decide. whether the meetings held 'respso” tively on July 8, and July 24, The second case against Guimar-1830, and the resolutions connect ed with these meetings, were valid ly held and validly passed. He found they were

was then proceeded with.

Mr. Lo said In perfect seri onadas: submit there is no case for the first defendant to answer. Arising out of the evidence of this camo, I desire to select a row. points of vital interest for your T. 8. Whyte Smith outlined the Worship's consideration My first Crown's case yesterday and the point is Is there a prima facie hearing will be continued to-day. case against the first defendant r. Whyte Smith in his open The Court must be guided entireing said: This is a very similar ly by the evidence that has been put in against my client and not by what might be said against him which has not been substan tiated by evidence. I submit that there has been no evidence brought before the Court to support the charges against him.

Touching the "O" charge of "conspiracy to defraud on divers dates between July 12 and July 24 suchi porsong as should thereafter be induced to part with money Mr Lo pointed out that he had already argued that the charge was materially defective,

Sir Peter Grain, after reviewing the subsequent history of the cam referring to the stormy mentinga held, and of the resolutions pat to the meetings, said that he was of the opinion that all the resolutions were duly and properly passed, and subject to confirmation, were

valid resclutiona

case. The amount involved 26 83,000. The complainant is. Ho Po Vim and he is szifekt in an import and export shop and he will say that at the end of April, 1931, he got 34,800 from a firm in Legal Notice, Saigen for the purpose of buying Saigon 81 notes in Hong Kong At that date, evidently notes conid be bought more cheaply hero than in Saigon (Laughter).

He then came to the notice of the confirmatory meeting. Was the meeting duly convened? The Companies Ordinance that savon days notice, exclusive of required

The complainant knew a man the day of service, must be given called Au Knt Wah, who was sup for Buch meeting. The appellants posed to be a broker of sorts, and alleged that seven days” actice was he got into communication with not given. THEN PULA, KA this man for the purpose of buy. There was very little evidence What is conspiracy asked ing Saigon dollars. On May 7 at the trial as to the service of Mr. Lo Conspiracy is generally they met in a teahouse and Aunotices; in fact, both parties ap defined as an agreement between told him that he could not supply peared to have been somewhat two of mors persons to do an un him with Saigon notes, but could indifferent to that point. The lawful act or to do a lawful act supply him with forged Hong evidence on which they had to by unlawful means. I submit that Kong and Shanghai Bank, 810 rely was, first, that of the printer if is the duty of the prosecution to notes. He produced two speci of the notices, The Cheung-shek, prove that there was in fact a cons piracy in which my client took one (which you will remember who stated that he delivered the was done in the other case) and notice to Kau · Kok-luision July part and further that the acts al said they wore forgeries but that 14 at about noom. But, Kau Hok legod to have been done are in-fur- they were good forgrries and point lui was not asked any questing therance of that common designed out that they were slightly about the service of the notices by and púrpoed between him and

smaller. The man Au, then said either party. But they had the cther alleged conspirators. I sub he knew of two Europeans who fact that the company had the mit that the Crown has absolutely were selling them and complain notices ready for service in their failed to bring the point home ant ultimately agreed to buy possession on July 14. The notices. even to the extent of proving 85,000. face value forged notes for were dated July 17, and a copy of scrap of prima facie case against $1,000.00e whole the notice appeared in the Frem my client."

His Worship That is slightly on July 17, which must have been cheaper than in the last case T sent to the newspapór on July 16, Mr. Whyte Smith: Slightly" None of the witéens appeared to cheaper, yea

have been asked when the con ||| Arinatóry meeting notices were

No Evidence, of Conspiracy. Mr. Lo then cited a number of authorities in connection with the law of consipracy. He pointed out that in the present case there was no evidence that his client

The House in Caine Road.. served or by whom, although soms Continuing, Mr Whyte Smith were asked when they received said: On May 8, Au telephoned them, which was of little assistance

had been a party to the conspiracy and asked the complainant to as to the date they were sent out.

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ALLEGED LOTTERY

STOPPED BY POLICE.

"MATTER: "TO BE TRASHED PROUT IN COURT,

or that there was any agresment meet him so texshop at about 1 The appellants had called no evi- || between his client and the other p.m. At about 2.30 p.m. they donde to show that they were not so-called conspiratora. -

Mr. Lo then wont into the dowent to Caine Road where they served on July 17, and therefore were shown into a sitting room he must accept the somewhat tails of the evidence and said that on the ground floor by a small meagre evidence that they were the petion of his clicut, following boy. In about five minutes Guil served on July 17, which gave them the handing over of the money herme Guimaraes came into the seven days' notice.. tas consistent with his ignorance room. A Chinese acted as inter After dealing with the question of any attempt to defraud.

preter just as in the other casas to whether the notices were you were to apply the true rule

The complainant was asked to pro- good, his Lordship concluded his of the law of conspiracy to this duce his money, (83,000,) which he judgment with the opinion that CRae, said Mr. Lo, I submit there did. It was given to Guilherme the notice calling the confirmatory is no evidence of alleged concert Guimaraes, who in turn handed it meeting was a bad one as it did between him and anybody else." to the interpreter and the latter not give a shareholder fair notice As regards the question of who went out saying he would go and as to what he would be called upan was the real culprit, Mr. Lo said: get the notes. About five minutes to confirm at that meeting, and "The complainant is an angel later, the defendant, Leo Guimar from Heaven treading on sacred aes, entered and said he was ground. The defendant is a wick Police Inspector. He searched ed man who introduces him to the various people in the room European who sells notes at Caine and ultimately arrested his bro Mr. F. C. Jenkin and. Mr. Les Yuen was in distress and in a sink Road T

Mr. Lo pointed out that it was

D'Almada, jun., instructed by Mring condition between Amoy and Leo D'Almada, st., were for the a of offences of his brother,

Tariety of us loop and referred

appellants, and Mr. G. Bhol- Swatow at a point known as t don instructed by Mr. FX Singhwa Bay. to the possibility of giving evi When the two Guimaraes went D'Almada sen., for the respon dence against one defendant taway the complainant, asked the dents. the prejudice of another. The de man Au about his money, and fendant's acts, according to the latter said he would get it for evidence, did not put to any thing criminal whatever,

Guimarães Defence, PERIFICE PAN

ther. In this case he seems to have produced a paper which he said was a warrant for the arrest

the notion of the confirmatory meet picked up in several places yester ing being out of order, the resolu tions passed at that meeting were day indicating that the ss. Yung invalid.

The information was received in the Colony yesterday" by Messzą Butterfield and Swire when the s.. Kwangtung wirelessed to the effect

Wo have been informas Ma, manager of the Company that has been, taken out

ایانه ای کشور

by Gambling Ordinance against the Company in connection with the "Free Purchase Day Sale" which was advertised fortnight ago but was later super, ceded by a special ten per cent. discountCOMPOSANY

It is the polico view that the offer f.constituted a lottery but the - Sin-

Capwork a test case Mr. Ms stated that the Company changed their original plan to avoid any conflict with the

the decision of the Court, 271

police, and have agreed to abide by

him on the following day. In this In fact he came to Court when the case the complainant was afraid to

two men were charged and iden report the matter to the police be cause he knew that, although he had tied Guimaraes as the man who Mr. D'Almada addressing the been taking part in a questionable had made the "arrest at 6, Crina that she had picked up 8.0.5. menere Company wished the matter Court on behalf of Guimaraes, transaction and was afraid to ro- Rond, and a p said that the defence, he hoped, port the matter. He thought the Some pieces of paper found in sages from the Chinese steamer and to be brought before the Court as had been sufficiently indicated by arrest was genuine but had no bedroom at that address were let was proceeding to her assistance. the line he had taken in his erossidea at the time that the defenters written by Ho Po Yim who

The position of the distressed examination.- With reference to dant was a described himself as a victim and charge: "C: Mr D'Almada sule who was a brother of the man implored the scople there to give vessel was given as Lat. 25.93 N. mitted that there was nothing to plainant made various visits to him his money back. He will say Longitude 119,23 E., which is about The now scheme increase the connect his client with anything Caine Boud, and he istmetimes that he posted one of these notices 330 miles north of Hongkong. The discount by nearly 30 per cont, thus which took place beloon Jply li spoke to Au and asked about his at the door of 6, Caine Road, and 24. Apart from what has money but he was always put off when he got desparate about n vessel reported that she was making giving patrons much greater ad

pale-l ventage was been indicated, there would of and could get no atisfactory in money. Hoeniled bimself in that water badly, and that both the enThe legal aspects of the case will course he legal rubimissions which formation. He was told that the notice Lea Kong the Victim gine room and boiler room were be thoroughly gons into when the he will make before the higher Europeans were not there at all. The notice said It is hereby

case comes up for hearing and o triuanglad

think there was some talk respectfully informed that, I have fooded.

doubtful points of law will be After

been about their having gone away or been swindled of $3,000 in this The 3.8. Anshun hug sino spicked cleared up, once and for alle 207 duiyau

one of them boing in prison.

house, resulting in my livelihood"

Sincere's is not the only Arm that and family bding destitate What up the 8.0.8. messages and

has put forward the free purchase Plocked up Courage.

s greiyauco and det station !! Chinose gunboat, thô. Kinhgyuan,

scheme but many of them found zin quoting this because I want which also picked up the E time the sacrifice too large Bin akow, thất, this promaution, is, nch

coro's had every intention of con tinuing the schemo unhil the polios Intervened on the tenth day of tho

made clearly

'the'

when "me" Cou statement

Bro Yick

I

the

It was not until: July-28-th he heard of the That case sei started and ho plucked up sui ent courage to report the mis (Continued as foot of wri

jan afterthought on the part of the

complainant

2

The case will be continued

passei oir the nows to gunb Haiyung, which it once proceeded to the scena