1932-09-01 — Page 7

LEGAL ARGUMENTS CONCLUDED.

FULL COURT RESERVES JUDGMENT IN FUNG MURDER CASE.

SUMMING-UP AGAIN ATTACKED.

The Full Court has reserved its decision on the legal issues raised in. the Fung murder case. The proceedings yesterday con. sisted of a reply to Mr. Potter's and Mr. Jenkin's arguments by Mr. Sheldon, for the Crown, after which Mr. Potter made a final address to the Court.

The leading Crown Counsel said that "the only reason he saw for the long and learned argument was that the prisoner had the advantage of the learning, ingenuity and forensic sloquence of his friends."*

Tan Court's decision will probably be made known at an early date. Should the two Judges differ, the decision of the learned Chief Justice will prevail, but in that event, if the decision were against the prisoner, the defence would have an opportunity, of appealing to the Full Court of three judges.

Should both the Judges decide against the defence, then the only channel of further appeal is the Privy Council.

QUESTION OF

STATE OF JURY'S MIND.

In further criticising the sum ming-up Mr. F. C. Jenkin. K.O.,

said:-

"The Chief Justice, in the second line of his unming-up, said he was taking the brood general lines," said Mr. Jenkin.

CRM on

was

Mr. Jenkin enid the law clear on this point-that the onus in on the Judge to sift the ovidence for the jury. He contended that the conviction should ha quashed.

MR. SHELDON'S REPLY.

Mr. II. G. Sheldon, leading coun- The trial Judge had confessed heel for the Crown said that he would was not following the usual course dispute the defence's claim that and bad pointed out that the case this was a complicated case. was an unusual one. "No-one will admitted that the hoaring was He deny that the case was very lengthy long, but in spite of that, it was and diffeult," said Mr. Jenkin. an ordinary criminal case.

100 Pages.

"We know, too, that there was an exceptional mass of evidence. The evidence of Zimmern and Christie alone occupied 100 pages: of the Judge's notes, and the Judge said that their evidenca contained difficulties, improbabilities and in- consistencies.

"If there ever was a case in which a mase of Avidence should have been sifted, in which there should have been the fullest direction, in which the jury should have been given every assistance in solving the dif culties, this case is one,

"What is the possible state of

"The only reason for this long is that the prisoner has the ad- and learned argument," he said,

vantage of the learning, ingenuity and forensic eloquence of my friends."

Mr. Sheldon's argument that the evidence of Zimmern and Christie was admissible was supported by what he tormed "concrete cases."

It was admissible

under tho

HONG KONG DAILY PRESS, THURSDAY, SEPTEMBER 1, 1932.

TRESPASS ON KAI LIPTONS TRADE-

TACK AERODROME.

CHARGES FAIL AT KOW-

LOON MAGISTRACY.

Four Chinese who were charged

grounds of Kai Tack Aerodrome on

with being unlawfully found on the Tuesday wore discharged by Mr. Fraser after the defendants had pleaded not guilty and evidence had been taken, Three others who pleaded guilty were fined $5 each.

With regard to the four who picaded not guilty Sergeant. Estall informed his Worship that the do- fendants were found by an Indian watchiman inside the Aerodrome. They were caught and later handed over to the Police.

Aircraftsman George Knott, giv.

ing evidence, testified to the. de fendants being brought in to the guard-room by an Indian watch

MAN,

The Indian watchman deposed to arresting the defendants inside the grounds of the Aerodrome

MARK INFRINGED.

$50 FOR SELLING TINS OF TEA FALSELY MARKED.

ROYAL BIRTHDAY HONOURED.

"AT HOME" HELD BY

* DUTCH CONSUL.

Before Mr. Wynne Jones at the

The anniversary of the birthday Central Police Court yesterday, of Hor Majesty the Queen of the Lau Tak Sang, was charged with Netherlands, an "At Home" was, baving in possession for the pur-held at the Chancery of the Con. pose of sale, tins containing tea to which a forged trade mark was yesterday. applied.

The complainants were Messrs.

Loxley & Co., agents in Hong Kong and South China for Lipton's teas.

Mr. A. Hall appeared for the de- fence, and Mr. Brooks, of Messrs. Hastings, Dennys and Bowley, ap- poured for the complainants.

sul General for the Netherlands,

Mr. M. J. Quist, the Consul General for the Netherlands, pro- posed the toast of His Majesty the King, and Major-General J. W. Sandilands, C.B., C.M.G., D.8.D., G.O.C. British Troops in China, proposed the toast of the Queen of the Netherlands.

The defendant pleaded guilty."

Among those present at the re- Mr. Brooks, ih opening the case, ception were:- Capt. D.R.M. said:-Moasts. Loxley & Co. are Cameron, A.D.C. to the G.O.C., agents for this tea in Hong Kong It. J. Baskervyle Clegg, A.D.C. to and South China, and on August 18 the G.OC, Capt. Webb, repro this year, Mr. Duncan who is ementing H.E. the O.A. the Govern- ployed by the firm and Mr. Wong, ment, the Hon. Mr. C. G, Alabas- the compradors, went to a shop inter, K.C., O.B.E. (Attorney Gen- Quarry Bay. They found ting of tea which were not genuine

tor where he got them from and he Lipton's. They asked the proprie

said he bought it from the defend-

His Worship said under the Ordi-

to have been trespassing. If they nance, defendants could not be said

admitted being unlawfully found inside the grounds of the Aero-ant, whose address he gave. drome, he could deal with them. If they pleaded not guilty, as they did hera then the Air Force autho- rities must prove that it was unlaw ful under the Ordinance for the de- fendants to be found on their

could not be convicted. grounds. Otherwise the defendants

He was not satisfied with the ovi

dismissed the cases. dence of the Indian watchman, and

MOTOR CYCLE RELIABILITY TRIAL.

TO BE ONLY FOR SOLO

MACHINES.

A Committee Meeting was held on Tuesday at Messrs. Lane, Craw ford's Restaurant.

Later Mr. Duncan and Mr. Wong ordered 12 tins of tea from the defendant One of the said tins

was produce in Court,

82.33, but the accused was selling it The normal price of the ten was

for $1.80.

Mr. Brooks said that the tea was of a very inferior quality but the labels on the tins were a good imitation. He asked His Worship to take a serious view of this case, as his client's sales had been going down considerably during the past your owing to this kind of taick. When he interviewed the accused in gaol, the latter admitted having sold the tea as far back as two years ago. Messrs Loxley's attributed the decline in their sales of Lipton's tea to this fact.

How He got the Teal

tral), the Hon. Mr. W. E. L. Shouton, the Hon. Mr. E. R. Hal-

Hon, Mr. A. E. Wood (Secretary lifax (Acting Colonial Secretary),

of Chinese Affairs), Hon. Mr. T. H. King (Inspector General of Police), Mr. E. P. H. Lang, Hon. W. H, Boll, Hon. Mr. R. H. Koto wall, Mr. Douglas Jenkins (Con- sul General for the U.S.A.), Mr.

for France), Mr. Vander Straeten Boulange-Jeaiiier (Consul Genora)

(Consul General for Belgium), Mr. Vallarino (Consul General for Fanama), Mr. Ferrajolo (Consul General for Italy), Dr. Hahn (Consul General for Germany), Mr. Larssen (Consul General for Denmark and Norway), Mr. de Lara (Acting Consul for Cuba), Mr. Ohl (Vice Consul for the Ar- gentine), Mr. Kohri (Acting Con- sul General for Japau), Mr. Riviera Iglesias (Consul General for Peru), Mr. Gonzales de Bernedo Consul for Guatemala), Mr. and Mr. Endert, Mr. Brouwer, Mr.

and Mrs. Lebert, Mr Lifeur, Mr. His Worship that the defendant had Mr. Crommelin, Mr. and Mrs. Ro- Mr. Hall, for the defence, told M. J. Schreven, Mr. Li Tsan Fan, frankly admitted having sold the 12 inshagen, Mr. Butterfield, Mr. and tins of tea. In extenuation, he ex- Mrs. Wuthrich, Mr. and Mrs. Vel- plained to His Worship that the lenge, Mr. Monhaus, Mr. Ochsen- defendant was acting as 3 broker dorf, Mr. Van der Lely, and in a general way. He had obtained others.

heading of motive. The evidence showed that Fung had taken Lai Ming Fay away from the prisoner, that Cheng had said Fung was a

After discussion it was decided rotter, that, he ought to be dead that owing to the unsuitability of and that he had procured a gang the proposed course both combina nind of this jury as regards the/to beat him up, and the evidence tions and light cara would be.unable the tea from a man employed..on to compete. Therefore only solo one of Jardine's boats, but unforti achines will be eligible for entry.nately the man could not now be Individuals will be allowed to comment.

found, to substantiate this state. pete in teams of three. The en- trance fee will be 83.00 for each

evidence of Zimmern and Christie on this summing-up.

"Firstly, the whole of the Zim. mern and Christie evidence had

showed jealousy and hatred of Fung

Means and Opportunity. The evidence was further admis- been admitted and placed before sible under the heading of menos them as proper material for their and opportunity. It demonstrat- individual and an additional $3.00 consideration.

ed that he attempted to get Chris-for each team entering. "Secondly, they were directed tie murder Fung by offering The Chairman reported that that the purpose of that evidence $10,000 and that he had a chauf- course has been provisionally map. as a whole was to establish two four who would drive Christie ped out which includes sporting things--the existence of murder-away after the murder and that Colonial sections, a water splash hate in the mind of the he bad other meri shadowing Fung and an observed hill. An innova prisoner and the attempt to bring for the purpose of killing him.

tion in this trial will be the inclu- about the murder of Fung through

sion of a secret section (known only Zimmern and Christie,

to the Chairman and Hoa. Secre "Thirdly, the Judge directed then the result was overwhelming until the event takes place,

If that evidence, was admissible tary) which will not be divulged that the issue in the enso was whether the Crown had proved the

evidence to show that prisoner pro- Discussion followed sa to the ad. accused was the man who employ-

eured the murder of Fung vissbility of the use of speedometers ed Lau to organise the murder.

and in view of the fact that most sory fitted as standard it was de modern machines have this acces

sided that their use he allowed...

As in the last tripl a stop' and

Överwhelming,"

:

Mr. Sheldon went on to quote "They were directed that there referring to the submissions of the authorities in this respect, and in was a distinct gap between the ovidence of Tsui which did not defence in law, said that they would implicate the accused and the not find any cases like that of the

evidence of Zimmern, and Christie. defence in any of the books because restart test will be carried on a suit

"Is it not clear that in these counsel had been bold enoughable portion of the course. circumstances, the trial Judge to argue it before.

Continuing, Mr. Hall asked that lenient view be taken of the in very small was tal offence, ae defendant was a broker

His Worship: In this case, being a small man, I fine you 850 and

costs.

MILITARY AQUATICS,

PREPARATIONS FOR TO-DAY'S FINALS.

OPENING OF THE HONG

KONG BRANCH.

KWANGSI PROVINCIAL BANK,

We are informed that the open.. ing of the Hong Kong branch of the Kwangsi Provincial Bank. will take place on September 8, 1932 the promises in Gloucester Build ing

The Kwangsi Government has appointed Mr. Pak Tae Kun s chairman and Mr. Chang Chao Tang as chief manager of the Hong Kong branch of the Kwong- si Provincial Bank.

A sum of 81,000,000 was fixed, is capital for the branch.

CHILDREN WORKED ALL HOURS.

Avery pleasant afternoon was spent at the Victoria Recreation Club yesterday, when the 20th their first day's swimming sports. SIX CENTS A DAY. Battery of Royal Artillery held The heats were awum off ready for

entertaining to watch the heats in to-day when the finals will be held.

It is often so. very much more

awimming sports, for it is only on these days that the diver, who will and it is only in the heats that not keep his feet together, ia seen; competitors swim from one corner of the baths to the other

There was only one final yester- This was won by L/Bdr. Dorman (Time: 2 mins.. 8 secs.), 2nd, L/Bdr. Ashley and 3rd, Sgt. Joynson.'

should have assisted these gentle "In every case you will find a man by directing them how they ar," added Mr. Sheldon, "but made all the difference in the day, namely the N.C.0.'s 150 yards. could bridge that gap?

this is not entirely a case of con-

world." "But a perusal of the summing- iccture. The jury simply had to

find what was reasonable."-

up discloses this fact there is not a single sentence which gives the slightest assistance or direc- tion to these seven layinon, as to how by law, or to proper applica tjun of fact, they could solve there difficulties.

LAST WORD FOR THE DEFENCE

Mr. Potter went on to say that the three points raised by the de fence which had been avoided

wore (1) that the case was one of A MISTAKE AT NANDING. procurement, (2) that the Tsui and Mr. Potter in his reply to the the Zimmern and Christie transac

NORWEGIAN PAPER TAKEN Crown arguments reminded the tions were entirely separate and Court that there were two main (3) if they were separate how was

FOR JAPANESE.

points in his original submission, The jury were loft to make up the first covering a number of sub the story of the assault and the their minds on three points heads and the second as to whether plot admissible as evidence against whether they believed the Taur there was any case do go to the the accused on the charge in the

videres, whether they believed the jury. I venture to submit," said Zimmern-Christie, evidence (and Mr. Potter, that no Court could

indictment? there was no limitation suggested on the points put by my learned Mr. Potter concluded by saying about this evidence) and if they friend, say that there was a prima that if their Lordships found that believed both, were they satisfied facin case on the face of the authori- the evidence was inadmissible only that tho accused was guilty!

ties we have cited.”

On the point of the ndraissibility one thing was left for them to do Counsel complained that the Taui

evidence was hardly dealt with at

Prevention of Cruelty to Children, At the instance of the Society for the proprietor of an umbrella fac tory at Wing Lok. Street was sum- yesterday for employing young moned, at the Central Magistracy children outside regulation hours.

Mr. Meade of the Secretariale for Chinese Affairs stated that two girls, both aged 13, worked at the factory up till 9 p.m. and some times midnight. They were, seen by the Factory Inspector on a sur prise visit, working at 7.30 p.m.

It was a fairly common offence, Mr. Meade added. The girls work ed for six cents a day, the work- ing hours apparently being not fix

Defendent was fined $50.

Chinese General Chamber of Cored.

At the monthly meeting of the merco held yesterday, nothing of particular interest was discussed: a letter from the wrong. Tat Kuen their behalf, for the recovery of 100 JEWELLERY WORTH $1,900 firm asking the Chamber to act on bales of paper which were said to have been seized by anti-Japanese

STOLEN.

which were consigned to the Kin pickets in Nanning. The goods

EARLY, MORNING THEFT.

Between five and six o'clock” yea-

of the evidence Mr Potter and the conviction must to quashed. In On Loong firm in Nanning were, it all. There were general referetices I submit that Mr. Sheldon has all the cases he had cited, where was stated, actually purchased from to the inconsistencies, waverings absolutely avoided dealing with the the evidence had been held inadmis-a firm in Oslo, Norway and not and probable untruthfulness of his one real point raised in the ease.

Japan, as was believed by the evidence, but the evidence itself He has left untouched the real gible, the convictions were quashed pickets. The Chamber had sent the torday morning, a thiof entered was left entirely in the air issue which your Lordships have He thanked their kordaning for invoice and contrast-bearing the the ledreem of Loung Kan Taiya-

The Chief Justice: The summing, 10. decido. He has even said to

tindo marks of the firm from which married woman, 87 years of age, up was immediately after the argu- your Lordships that this, being. L

their patient hearing. ment of leading counsel for the case of procurement made no dif- The Court's decision was reserved Authorities concerned in Nanning, and stola & quantity of jewellery the goods were bought to the living at 110, Wellington Street, defence, which dealt with many ference at all. I submit that it and the Full Court adjourned but so far no reply has been receir valued at $1,906, 100000 points of great importance.

retinued at föst of cant column) | une die.

Investigations are proceeding.

ed.

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