1931-11-04 — Page 13

GAMBLING CASE FINES.

APPEAL IN FULL COURT

SUCCESSFUL.

CONVICTIONS (QUASHED.

Tho Chief Justice (Bir Joseph Kemp) and the Puisne Judge (Mr. Justice Lindsell sitting in Full Court yesterday decided in favour of the appellants in the cass in which they were fined for gambling by the Police Magistrate, Mr. E E. Williams. Their Lordships hold that the appeal must be allowed and the convictions quashed,

HONG KONG DAILY PRESS, WEDNESDAY, NOVEMBER 4, 1931.

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to the Magistrate for amondocob.. Tore the case no cont, back, it is quite obvious that the Police Magis trate would include the necessary. Andings of fact to bring soution 11 of the Gambling Ordinance into operation. Indeed, these facts aro sufficiently disaloand by unchalleng-11 to 11.30 nm-Stock quotations od evidence in the record, but I 11.30 am. Chiness programms,

not think that at this stage any

11.30 p.m.-European such amendment of or addition to the case stated as is likely to prosport. vide the respondent with a new and unsought for weapon should, on principle, be allowed.

The effect of section 13 was not apparently relied on by the Magis trate. It was naturally nos raised by appellants Counsel, and it is possible that Mr. Fitzroy would not have argued it had not we, our saives, first raised it,

Had it been t

"thought" essential

It will be recalled that on August 6 a number of Chinese were ar- rested in a raid by the police on the Sik Yu Club, Queen's Road. Went. Some of the defendants for feited their bail money when they failed to appear in Court, while the others were convicted and fined.).

to respondent's caso to secure this Mr. F. C Jenkin, K.O., together amendment,, application to amend with Mr. R. O. H. Lim, instructed could have been made to the Magis by Mt.. G. K. Hall Brutton, were trate before the case was heard, for the appellants, while Mr under section 100 of the Magis Somerset Fitzroy was for the restrates Ordinahoo, No. 3 of 1800. pondent, who was cited as a Chinese polico constable (Chui Nam).

Chief Justice's Views.

In his judgment, the Chief Justice saidhink that the case stated fails to raise an obvious question of law, ie, that nrising on section

Questions of Law;

Admittedly we, ourselves, raised the question of the possible appli eation of the section and heard argument thereon, but I do not.

stated caso of the material findings of fact which must be embodied therein before that section can apply, that we are entitled to go any further than decide the quea tons of Jaw actually set out in the

11 of the Gambling Ordinance. f,think that in the absence from the therefore, think it should be sent back to the Magistrate for amend ment requesting him (1) to say whether he finds the three Iacts necessary to bring section 12 into operation, and (2) if he does find those facts then to add to the case,

The findings of fact on which: the Magistrate based his three con- clusions are, on the face of them, completo The effect of remitting the case to him now for amend ment will be to includo now findings

the question whether section 11 provides for presumptive proof of user as a common gaming, house for the purpose of a charge of keep ing on the occasion of the entry under the warrant. As, however, my learned brother and 1 are, up-of-fact and a new conclusión drawn. fortunately, not in agreement on therefrom, ie, to recolour and this point, the case will not be sont back and we must deal with it as it stands,

Three questions are pat, in the stated case. The first in whether there was any evidence on which the Magistrate could find that com- mission was charged. I think that there was, ie, Chui Nam's evidence that the first defendant asked for commission and that the fourth de fendunt paid $1.20 which was placed in a cigarette tin in front of the first defendant (depositions, p. 3)

Keeping a Gaming House. The second question is whether (proof of) previous user is neces sary before the premises could be held to be opened, kept or used. As a (common), gaming houso,“ This question. cannot be answered by a simple nfirmative or negative. I shall deal with it first on the assumption that section 11 of the Gambling Ordinance, 1891, does not Apply in this case..

reanimate the whole case. I do not think that we ought to take advan- tagn of the provisions of section 101 of the Magistrates Ordinance to this extent On the case, as it stands. I agree with my brother that the appeal must be allowed and the conviction quashed.

Mr. Fitzroy argued against an application by Mr. Jenkin for the eosts to be axed. Their Lordships reserved judgment on the point.

POST OFFICE NOTICE,"

Posts Eastante Correspondenco'.

G. Brown, F. S. G. Bayly, G. Bober, Miss J, Black, Mr. A Cockerton, Chiensing Toi, Karam Chand (Pahawari), D. H. Clake, L. W. Diamond, H. L. Fowler, Frank Fayton, Henri Gelbert, Fili

It is clons, I think from B. Giovanni, W. F. Graff, J. F. Davies (1897), 2 Q.B. 199, and Garges, Mrs C. Gallop, G. J. Martin v. Benjamin (1007), 1 K.B. Grover, Mrs. W. Herberts, H. M. 04, that an isolated instance of the Hodges, H. 1. Harding, Honer use of premises for such purposes Manuf. Co., C. H. Halland, D." as playing an unlawful game or Hardy, jr., eddo, Capt. 8. I. exercising a lottery does not Kitching (ss. Chasinar), Alexander hmount to ueing or keeping the Rock, Miss London (B.C.18.), E. premises for any such purpose. IJ. Moore, pts, Mr. Miliaro, F. A. am not, however, prepared to say McIntosh, Eric McMillan (s.2. that the prosecution, must, in all Chasina), I. Mckinney, F. Mun- cases, directly prove an actual in-ford, A. Naunilhetas, Oriental Art stance or instances of previous user Co., M. Podoll, A. J. Rawlings, J. I can quite imagines h. caso in which Road, J. L. Robinson, Mrs. R. E. the more arrangement, fitting Up Sutton (c/n U.S.S." Gold Star"), notices and appearance of a place, II, O, Saiman, M. D. Skvortsov, C. would entitle A. Magistrate to Shilton, L. Sidney, Misa Oliver infer that it who kept and used for Stuart-Manteon, Miss Alths Todd, the purpose of playing a game or A. A. Tuson, Miss Ida Wilson. games of the classes referred to in section 2 (1) of the Gambling Ordi

unance, Metro

Prool of Previong Usar.

Registered Articles,

Chan Pun On, Karam Chand (Peshawari), Chan Yat Ping F. A. Sonres, Mrs. D. Stansby.

Unclaimed Radio Telegrams,

... I now pass for the moment to the third question in the stated case, i.e., whether there was any evidence on which the Magistrate could find that there was previous usor. I think that there was not. The Dandelion, from San Francisco facts, which he cites do not scem Lan Sang, 312, Queen's Road West, to me to support that inference, from Bangkok; 0136, from Shang- even when they are regarded cumn-hai Ybarra, from Shanghai latively. I think that those facta Tou. Hoong Cheng, c/o Waon, from neither amount to proof of actual Saigon; 09040, from Canton; Lim previous user nor bring the ouse Let 38, Sunham Strand, second within what I may, perhaps, call floor, from Sacramento Calif; 8123, the self-evidence class of case we from Swatow; Gleurue, from Shang- ferred to at the end of paragraph hai; 1100, from Shanghai. threa' above.”

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This, however, does not dispoBE of the matter. There remains Beo tion 11 of the Gambling Ordinance, 1801 I think that that section provides for presumptive, proof of user as a common gaming house for

Few people realise that danger all purposes, and now only for the purpose of the conviction of persons lurks behind that seemingly unim charged with playing. The words portant discomfort after eating. 10

that the Nevertheless it is true, for nios are, Evidence place is used

and that the times out of ten the trouble is caus

Ted by excess stomach acid which not persons

were playing." thus, unless the presumption is re only makes food ferment but, also butted, dispenses with the necessity attacks the stomach lining and may for any proof of agtaal previous cause ulceration. You can avoid user. The Magistrate, however, did such danger and promptly stop not rely on this portion. It is not digestive distress by taking a little

Gerns from The Chocolate Sol-human raised in the stated ease and there Bisurated Maghosia after eating: are no definite Gndings that the or whenover pain is felt. This in dier. Victor Light Opera Co. place in question was suspected of stantly, houtralises all dresss acid,

Gems from Blackbirds of 1029." being a common gaming house, that averts fermentation and soothes and it was entered under warrant heals the inflamed stomach lining. Warren Mills and his Blue Aberdeen issued under the Ordinance, or that Doctors all over the world recom Serouders-35082 wks Bauley implement of gambling, L.e., dico mend Biaurated Magnesis because 10.50 p.m.-Rugby mid-day "Fress and counters were found there it quickly stops indigestion and renown and Board of Trade Lon-

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PLAYWRIGHT'S LAST REQUEST.

DOCTOR TO PIERCE HEART AND CUT ARTERIES BEFORE BURIAL

Once

Vienna, Oct 22-A curious pro- vision that before he is placed in the coffin his body be abbed through the heart and his arteries bo opened, was found in the will of the Jamous Austrian pla Arthur Schnitzler the creator:

Anatol who died her dáy of heart seizure at

wright leaves the bulk of his still considerableforture to, the city's hospitals,” adding that since the death by suicide of his only daugh.. ter overal years ago he has no re latiyen to whom he could bequeath his money

W A special grant is made for the physician who will perform the last operation upon which Behnitzler in- mists to avoid the danger of being baried alive, stipulating that bin own medical instruments, be used for the purposes.i

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