1931-09-18 — Page 7

WHAT CONSTITUTES A LOTTERY?

SINCERE'S RECENT FREE DAY SCHEME LEADS TO SUMMONS.

NO BLIND OR CROOKEDNESS" SAYS DEFENCE.

The summons against Massrn. Sincere Company for having. printed or published in announcement relating to a lottery, con- trary to Section 9 of the Gainbling Ordinance," was heard, at. Central Magistracy yesterday before Mr. E. H. Williama,

Mr. H. Somerset Fitzroy appearod for the Crown, while Mr. Hin Shing Lo, instructed by Mr. J. M. Hall, was for the defence,"

COUNSEL ON FIRM'S INTEGRITY.

OutlLing the case against the defondant Brm, Mr. Fitzroy said thut the penalty for the offence was not very great as it was merely a matter of a" fine "

exceeding $100.

Ha, then dealt with an advertise mont of Messrs. Sincero's, which deal with their sensational offer of one free diy out of the fourteen days of the sale. Ho also stated that Sincere's Banded out handbills at the store announcing the offer. I

་་

HONG KONG DAILY PRESS, FRIDAY SEPTEMBER 18, 1931.

HONG KONG STOCK

MARKET.

YESTERDAY'S TRANSAC-

TIONS.

The market yesterday morning Coltinued "firm generally

Banks, which wore dealt in at 89,045, closed in demand at 82,040.

Cantons were in request at 83,545.

Unions had buyers $555, but no shares were procurod.

Hong Kong Fires were wanted st $1,485, but nothing, resulted,

Wharves were also in request at yesterday's rato-8104,

val

Whampoa Docks were again want- ed at $29,

Providenta (old), after being done. at 80 and $0.60, could have been obtained at the latter, rete The 3-The chah takings are to be new shares were the medium of

map totalled at the end of the period

mies: nt: 83,30

Hotels(old) wore daalt in at of the choop sale and an average $17.35 and $17.45, and closed in in to be arrived at and the day The new shares were also demand at $174 with sellers, asking on which the takings comes nearest donc, at $10.05, and terminated with to the average is to be declared buyers at 816.80 and sellers at 817. the frco salo day.

%. Lands were wanted at 8001, aftar

anles at $901, M12

Humphreys (old) were in demand at goo

Now, what is the scheme? It is simply this. The Board of Diree if you make purchase of our goods tors say to the public, "Look here," every day during the sale period of fourteen days, we shall be very discount of soven per cent, on your pleased to give you an additional Mr. Fitzroy went on to say that purchase, besides giving you some the advertisement, in the papers thing like 10 per cent, discount in was sent out by Sincere's and that our policy to give a ten per cent. the nature of reduced prices. It is ho would call evidence to prove reduction during a sale, but if you that, as well as the fact that the buy every day from us we will give handbills were distributed at Sinou a further seven per cent, so

that you get seventeen per cent." cero's. The whole point, said Mr. Fitzroy, was whether the free day's gift was really a lottery.

Mr. Fitzroy then quoted cases to show that it was a lottery, Ho added that it was suggested that Sincero's did not give full value for the money they received. Thero as no suggestion of that at all, but Mr. Fitzroy argued that, just na in one of the casus he cited, Sincero's, with every sale, sold a chance. "That is the criterion which I ask you to put in the chao," said Mr. Fitzroy.

Mr. Lo went on to say-If I buy on only one day, I get ton per cent. discount, and I am not con- tributing towards any gambling. There is no evidence to show that Sincero's have not a certain fixed clientele. I don't want to argue about the element of chance, but there is no doubt of the element of dead certainty because customers can be certain of getting a free day's sale,

The authorities quoted by Jay learned friend deal mostly with people who have started commer The prosecution then called Mracial adventures, The Sincere's Barrett, of the advertisement de stores, I map instructed to any, is, partment of the Daily Press, to decidedly one of the leading stores" provo an advertisement as having in Hong Kong and possibly in the come from Sincero's.. They alFor, East. called a police officer to prove that puta he received handbills from the store.

$10,000,000 Capital.

14.35; could have been obtained at Roalties, which were done at $17.40.....

N:

LOCAL DUTIES INCREASED

BANKRUPTCY COURT.

TOBACCO TO COST MORE WITHDRAWAL OF PETITION

TAX ON PETROL RAISED.

The following alterations in duties ware notified yesterday

Moter Spirit Dallas, Increased to 25 cents per

Tobacac Duties.

lon.

“REQUESTED.”

AN UNUSUAL PROCEDURE.

An application for recission of the withdrawal of the receiving | order and withdrawal of tho poti- galtion against Yan Kwai, trading as

Yan Kwai Koc, 86, Temple Street South Faunati, was opposed by Increasey

the Official Receivor at the Bank- Cigarettes to 90 cents per pound, ruptcy Court yesterday: bofors the Cigars to 82.00 per pound. Chief Justice (Sir Joseph Komp).' Other Manufactured Tobacco to Tho petitioning oreditors were. 00 cents per pound.

represented by Mr. A. Covey and Mr., L. 8. C. Brooks

Raw Leaf to 70 cents per pound. Other kinds of Raw Leaf in pro portion.

These took effect from yesterday. On medicated and perfumed spirits, including toilet prepara tions containing mure than ten

$10 per gallon. per cent of alcohol by weight:

With the exception of motor Ewos were in demand at the in-spirit duties, collection will bo on were not forthcoming at this figure. proved rate of Th. 16, but shares

a sterling basis as at present.

How Datios..

Shanghai Cottons were also in ro quest at an advance of 89, the rate now being $100,

$128.

Zoong Sings were wanted "at'

•

',

dinance.

!

Mr. Covey explained that be appeared for some of the creditors. with debts totalling 83,421.76. The application was for recission of the receiving order and withdrawal of the petition, but he would ask for an adjournment as his instructions had been received at short notice, the same as in the case of other ereditors with debta amounting to 80,000,

Mr. Brooks supported the appli- cation on hehalf of his clients. The following additional items This Official Receiver (Mr. E. E are added to the list of duties un-Agassiz) said he objected both to Trams had sellers asking 23,der the liquors Consolidation Or the applications and an adjourn but buyers did not go beyond 823).

Star Ferrier and Yaumati Torries wore in demand at Wodnesday's

ment, stating that on August 17 a Porfumed Spirits,edicated mating was held nt which n peti- quotations-395 and 8231, respec Spirits, and Toilet Preparations tioning creditor proposed a resolu tively.

Electries were put through at containing more than ten per cent. tion for adjudication, but there was 821

of alcohol by weight,'・・・

no secondar. At a subsequent meat Telephones (part paid) were done at 835.

The chief goods included undering a resolution was passed by the Dements (combined) advanced to this heading are perfumes of all creditors to apply to the Court for $20.70 buyers, but sellers were in kinds, other than essential oils,recission of the receiving order, and the market at $20.00.

tinctures, and many liquid toilet withdrawal of the petition.. articles such as hair washes, rose lotion, mouth washes, hair tonics. All perfumes are likely to be of taxable strength in alcohol al though some liquid toilet prepara tions may be found to be free of

Dalry Farms were in request as. $324.

Sinceres were wanted at $20, without shares being obtained..

Constructions, cum right, ha buyers at 814, and the rights res ecded to 82,62) nominal.

Afternoon Transactions..

Shanghai Ocitors"advanced to a buying rate of Tis. 103.

cohol contained,

In the afternoon the firmness of duty. the market was maintained, CB+ Many favouring essences will be pecially in Trams and in all Cottonwithin the taxable limits. I am instructed to say that it stocks. ME Lo, in his speech for the do-started in 1900 with a small enpital Ewas, after being reported having fence, said: "My client is charged of $30,000, and ever since the busi-been done at Tis. 10.10 and Tis under section 0 (sub-section 2) of neas has grown into tremendous im- 16.15, closed in demand at the the Gambling Ordinance. In his portance and now it is doing busi- former rate. opening, my learned friend revealness with a capital of $10,000,000, ed certain jundicial decisions which with branches in Canton and Shang- He argues bears certain relation to hai. Through years of conscientious the present case, but I submit, Sir, and efficient, organisation, the busi- that although a judge like yourself ness has enjoyed a long apell of can make a finding on proved facts prosperity and success,

I submit 859). in a particular case, nevertheless the scheme is not a lottery because such finding cannot be said to there was going to be no distri catablish a principle which must be bution of prizes and no casting of applied to a different set of circum-lots. The company merely invited stances in another case, however the public to buy goods on each much they might be of a similar day during the cheap sale so that they could get the benefit of 17 per cent. discount.

nature.

In order to establish whether the schema published is a lottery: comes within the meaning of the Gambling

لوگ

Messrs. Sincere's Co., then went Mr. David Chan Shi, Manager of

Ordinance, the substantial object into the witness-box and gave evi of the 'schems must be looked at.donce in support of Mr. L's state- The mere fact that the scheme proment to the Court. vides for the distribution of profit

the scheme 1

by lot of chance, does not render Mr. Lo What is the subject of it unlawful if the scheme has for its object the carrying on of legiti- mitte business. That is my submis

sion,

Question of Polley.

10 per cent.

The object of the ordinary cheap sale is to give your customers cer- tain reductions Yes

Mr. Chan Shi: The Board of Directors, seeing that the business we have every year during the cheap sale has been profitable, de- cided to give the public an extra Having regard to the surround-discount. Every year we had given ing circumstances of the caec, ono must inevitably come to the conclu- sion that the case against my client is one which involves a question of policy more, than a question of law, and for that, an incorporated Company like Bincera's, cannot be prosecuted. However, my client is advised to admit publication of the scheme and he now admita everything that the police witnesses have deposed to in the witness-box The only question in whether the schemo published is n lottery,

count.

*..

ป

Zoong Sings were in request at the improved figure of Tls. 13.

China Lights were in demand at

Electrics were wanted at $82. Trams were the medium of unles ht_3234.

The Chief Justice: I don't see any reason for recission.

The Oficial Receiver: I cannot conceive of any grounds and there are none so far as I can see.

"

*** Another. Action in: China,"!

With the Court's permission, Mr. Covey called 'a' creditor who stated

It will be safe to regard all such that debtors, liabilities were about goods as taxablo "unless the invol$17,000 and the assets were up- ces clearly state the amount of aproximately $1,720. The firm's pro- perty in Ching was worth about Goods like toilet soap, powder, 7,000 Witness states that he was solid dentrices, face creams, or bringing an setion in China against anything, though scented, of the firm. If debtor were adjudged solid nature are not likely to babankrupt, he would, raise the" de- dutinble.

fence, when sued in China, that he ought to have received payment out of the Hong Kong bankruptcy.

The fact that such goods" con- Telephones (part paid) were intain over ten per cent, of alecho demand at 834).

| renders them' dutiable. being done at 814.56, could

Constructions, cum rights, after

been obtained at $145.

HONG KONG BANK PREMISES.

THOSE RUMOURS

have

That there is sctne element of

sent in use under the Liquors. Or The ordinary parmits at pre-

dinance, will also be used for such goods.

.

oppose the applications, pointing The Official Receiver continued to

out that there was no ground to grant even assuming that the local Shipping companies should in- clude such goods in their Import bankruptcy would debar proceed- Statement of dutiable liquor, and ings in China. He added that the delivery should not be given ex debtor had absconded so as to get cept on permit. General bonded warehousemon making general dis-away from the bankruptcy, and be. charge of any ship should treat (Mr. Agassiz) would consider tak- goods in the same manner as ing out a warrant for his arrest on dutiable liquors.

his return.

•

truth in the rumeurs current in the Colony to the effect that the premises of the Hong Kong and

Toilet Preparations. Shanghai Bank are to be remodel-

His Lordship said that if the ed is admitted by the Bank nu-

majority of the creditors were in Commencing yesterday, perfum favour of recission on thorities, who add, however, the ery, medicated spirits and toilet grounds then there would be good reasonable qualifying remark that in some preparations containing more than ground for granting recission. He respects the rumours are somewhat ten cont. of alcohol are dutiable on would adjourn the ease in order to wild. They state that Fome Do you give reductions at other months ago it was decided to respirits of wine duty-frea will ne

import No "Eurther Issues of consider the queation of power to time of the year-Yes. If Mr.novate and rebuild the Bank build allowed for the manufacture of power.

rescind and the limits of that Murphy went down now to buy a ing shortly, but no definate time perfumes, toilet preparations, or pair of shoes I will give him a dis- has beeg, set down for the begin mediented spirits. Duty must be

Other dases. ning of the work.

In the case of Li Wai Tong, de, paid and duty-paid purmite ob- the particular free day was not tions will be begun next year, as removed from any warehouse, Officia! Receiver said:-This is an Mr. Fitzroy: I understand that It is impropable that the altern-tained. before any spirits of wine Des Vooux, load Central, the fixed and never has been fixed the architects have not yet com That is 80.

ar from a ship except direct into adjourned menced their preliminary survey bond,ENDEN V Your Lordship will remember that public examination.

drawing up the necessary plais, tual manufacturers on all exports evidence. I bave considered whe of the building preparatory to Drawbacks, will be made to an the debtor gave very unsatisfactory. Nothing has been decided as re of one gallon or more based on the ther it is possible to take this mat gards the amount to be doveted to

Amount of duty-paid spirit conter any further, either here or laz the work, nor do they yet know tained in the liquid exported where, and I have come to the what arrangements will be made Stock will be taken as soon as pos conclusion, a reluctant conclusion, while the building is under recon sible of all apirit on the premises that it is not. As far as I am con- struction.

and of fully manufactured goods. corned Tappear to close the public

Denaturing of spirits of wine examination. will in future be confined to a tow His Lordship' accordingly clound uses only, Ce, the making of var the examination. nish, pyridinised spirit for bura

13-1 Chance.

I think lottery is generally defix it, the amount you were going From the way you were going to fined as a distribution of prices by to give away was quite fixed in chance or by lot, and to constitute your mind 1-Yea a lottory, the matter must be en- tirely dependent upon chance. If there is an element of skill, then the thing is not a lottery. If there

Do you agree that unless you are is a fair opportunity, for the ex day you have a 13-1 chance againat a canny Scotsman and go every eise of judgment, foresight and dis-you 1-Yes, but it is your fault if cretion, then the scheme is not you do not come every day. lottery.

In this case there is an offer for

..

nature, tended to demoralise public Mr.. La When you brought up morals?

Concerning an application for ull the Bincero's customers to the scheme, did you expect cus- In this case, and M. Lo,ing and general une, salt solution hearing of petition against Chang exercise their discretion and judg Mr. Lo then indicated that as the Sincers Company is an excel the making of vinegar, and a few Central, factory, manager, an ad- tomers to go every day 1-Yes. there is no suggestion but that for the preserving of benn-curd, Cheuk Wan, 289, Queen's Road ment and by their doing so it be there was no suggestion of fraud lent firm with substantial standing, other approved commarela uses journment was granted on the ap comes a matter of dead certainty. I must admit that the scheme is on the part of the prosecution, he Their business has grown continually which will be approved from time plication of Mr. G. B. Hugh Jones, worded in rather an attractive way, was not going to call further evi- for the past thirty years. I ask to tinte as the demand arises who explained that negotiations

dence. particularly the reference to " this

your. Worship to dismiss the sum For the making of transparent were afoot for the sale of the busi unprecedent and unique occasion is

In the course of a lengthy legal mona on the ground that the in-soap, the denaturant approved ness as a going concern, in which unparalleled in the history of de submission, Mr. Lo pointed out that predients of a lottery are totally will in future include a propor caso the debts would probably he partment stores." The gentleman the scheme, among other things, absent in this caso. The advertise. tion of strong soap colution. arranged for. in charge of drafting it, I fear, has served to avoid a rush of customers ment, however, worded, is a bond

In the matter of the Tai Yuen alightly betrayed, his enthusiasm. In the opening and final days of fide invitation to the public. There

Shing firm, timber merchants, 90, don't care in what language it is the sale. He pointed out that there is no cloak, er blind to conceal the

Connaught Road West "onan worded; the point romains that the was no loss or detriment to the true nature of the offer. As a true

The following is a comparison of adjourned hoaring of petition, the terms of this scheme are precisely benefit of Sincero's. There was no intervened they abandoned the petrol tax is increased from 15 being given to the Oficial Receiver purchaser or customer for the sign of sincerity, directly the police the new, and old duties:The matter was again adjourned, power this:

chance of gain to the detriment of scheme, and everybody who made a cents to 28 conta per gallon to sell certain timber in storage ja that there was no bind or crooked purse during cont. Here at an from 81:50 10, 82.00; on cigarettes petitioning creditor. the customer. He stressed the fact purchase the sale got on The duty on cigars is increased the meantime. Mr. Momop was ness to conceal the true nature of indication that they are anxious to from 75 cents to 30 cents, and on the scheme. The offer, was absolute to what any honest business world other manufactured tobacco, 78 ly free and gratituque and was not, have done to wag mang tha cents to in conta

On stripped and unstripped to haecos, the duties are increased approximately

The Scheme.

The Board of Directors gave instructions to my client (the man ager) to choose fourteen days as period of a cheap sale,

* One of their days to be dead Br. Lo, & lottery. He asked His Worship, after heating Mr.

clared publicly and in a scrupulous ly feir way to be a free period day.

whether the schon in its true. (Continued at foot of next column.)

Lo's legal submission, reserved his decision until Thursday next.

What You Will Pay Extra,

A Receiving Order was made against the Choong Yuen Firm, 10, Des Voeux BandWestMENTARSI E. Kendall was for a petitioning, creditor, who stated that the debt amounted to $1,000,

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IMPORTANT

SINCERE'S OFFER OF CREDIT MEMOS TO CLOSE ON SEPTEMBER 2011-

It is gratifying to note that since our announce ment of giving 10% Credit Memos to our Customers who made their Cash Puschases during our last "Sale, we have been giving away several thousand dollars every day, and up to now more than half of our hundreds of thousands of Customers have called for their shares,,

As we are anxious to clear the small outstanding sum, Holders of our Counter Sale Memos qualified for this Special Offer, are requested to call for the Credit Memos due thereon (Counter Sale Memos to be produced), Not Later than September 20th, 1881. Time: From 10a.m. to 7 p.m. Dally.

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E1186