1933-04-13 — Page 7

Criminal Appeal Court's First Case

JUDGES QUASH JURY'S VERDICT

FILIPINO DISCHARGED AND

RE-ARRESTED

The Criminal Court of Appeal in Hong Kong sat for the first time yesterday with Mr. Justice Wood, Mr. Justice Lindsell and Mr. Justice Jacks on the Bench, to hear an appeal against the con- viction of Joseph Evanglista Bess who was sentenced in the March Oriminal Sessions to six months' hard labour for obtaining money by false pretences.

Mr. Duncan McNeil instructed by Messrs. Johnston Stokes and. Master appeared for the appellant while Mr. J. A. Fraser, Assistant Attorney General, appeared for the Crown.

The Court quashed the conviction after hearing Counsel and Besa was discharged but was taken into custody again in connec tion with an allegation of robbery made against him in Manila.

DECISION OF THE COURT

Mr. Justice Wood, addressing the Assistant Attorney General (Mr. Fraser) said: This is the now Criminal Procedure Ordinance and this is the first Full Court constitut- ed for hebring applications under the

mended Ordinance. The pri soner, Joseph Evangilista Besa is attending hero by his own request and by permission of the Court. By his own request also his application is being presented to the Court by Counsel and by the invitation of the Court, Mr. Duncan MacNeil, in structed by Mr. Evans, is appearing On behalf of the accused.

As you know the Ordinance con- templates that rules of; procedure should be passed to carry out this provision. There are no rules at this time, but rules are now in course of preparation and the pre- sent proceedings will be guided by the rules which are being drafted and which will be followed as closely as possible.

the absence of a proper Court re- port we should proceed as best we can. In one case at least a con- victed person had his conviction quashed because there has not been

shorthand report.

HONG KONG DAILY PRESS, THURSDAY APRIL 13, 1933.

OUT

STABLE HANDS FALL SHANGHAI OPINION

OF CHINA IN 1932

Advance-But Adminis- tration Criticised

Mafoo Charged with Assault

ALLEGATION OF REVENGE

The speeches at the annual gen- eral meeting in Shanghai last week. of the British Chamber of Com- The recent fracas in the. Hong inerca and China Association were Kong Jockey Club stables, Happy on a high plane. They handled the Valley, in which a Chinese stable situation with friendly frankness hand war seriously wounded had free from recriminatory pessimism on the one hand and laudatory its sequal at Central Magistracyptimism in the other. yeaterday when B. mafoo was brought before Mr. Schofield on a

CHANGES AT CHINKIANG

Wide Streets and New Houses

SHIFTING SANDBANKS OF THE YANGTSZE

(From Our Own Correspondant)

CHINZIANO, April 5. Much has been done within re- Mr. R. Calder Marshall's succinct cent years in Chiakiang to mo

Wedernize it by widening the main This of necessity entailed quite

Fot of pulling down, and build ing up of shops and Houses.

Sometimes, if the buildings were worth while they were only partly demolished, and a new troutage constructed.

charge of causing grievous bodily review of the Jean

valuable as a narrative alone. It thoroughfares harm to Liu Shiao Chung de

derived further value from the Detective Sergeant D. Fitches. lucidity of its suggestions for who prosecuted, said the complain-smoothing the path of Sino-Foreign While recognising the ant was employed by Mr. L, Dun- trade har us Number 2 stable boy. In efforts strenuously made by the to restore China's fact he was the Number 1 Chinese Government toy there but he was under Mr. credit, particularly in the matter Krasnopenroff who had the sole of railway obligations, it pointed charge of Mr. Dunbar's ponies. with restrained severity to adminis The defendant was also employed traliva. defects which are calculated in the same stable but in a junior to hamper development of the

Governments' declared policy, position to the complainant,

It was the custom to send the ponies and majoos up to Shanghai at the close of, the racing season here, and for them to return, to Hong Kong after a few months Last year, the defendant, did, not go to Shanghai with the ponies, and consequently he lost his job When the complainant returned from Shanghai, however, the de- fendant asked to be put back e his old jab bat was refused. The defendant then went away and got a job as mafoo in the Jardine's He looked after a pony

Continuing, Mr. McNeil said: I there is no shorthand report the Court must proceed with what.mate-stables. rind they have but it is extremely called. White Jade tag. important that the Criminal Appeal Court should have before it a short hand report and, in particular the judge's summing up. As there is provision for shorthand notes I submit for your Lordship's attention that when the new rules are pro mulgated that it may contain pro vision for this.

Meanwhile another majoo, named Ko Yin Fa, also of the Dunbar stable was dismissed on account of laziness.

Conduct of Trial Criticised.

In the course of his addreas Mr. McNeil contended that the conduct of the case was, wrong from the start, and that the third allegation in the indictinent, namely, that ac- eased represented he had funds in The Ordinance was passed on the bank to meet the cheque, was March 21 and the prisoner, the unfairly and improperly included. present appellant, was convicted on Ho drew attention to discrepancies aj matter that is clear from doubt in the evidence of two witnesses for the Crown who at the Magistracy,

March 22 and it seems to the Court

com-

that the appellant is entitled to stated that the offence was apply under the new Criminal Pro-

mitted on the 12th November and cedure Ordinance.

On March 8 ho was called a pony

Race

tho

For the moment it is sufficient to note the tendency of Chinees Government departments to pro- mulgata regulations affecting trade and commerce without, apparently, taking in advance due account of the special difficulties thereby raised This finds illustration in the discussions over the consular invoices, the merchandise marks law, the inspection bureaux cer- tificates and, now, the regulations regarding the abolition of the tael. It is surprising sometimes how studiously the framers of these regulation seem to vex themselves by creating dilemmas which could be avoided by judicious consultation with commercial and, even, legal opinion.

But whichever way, it entailed a great amount of discomfort and inconvenience, though the Chinese accept these things with more reeming indifference than people. They appear to think no more of altering a house than al- tering a garment,

most

Happily this part of the opera- tions was completed during the summer when life minus a roof over one's head is in material,

Those who have had to rebuild all seem to have been able to erect something in keeping with the more pretentions streets, and the perous though the wider roads are general effect, is pleasing and pros. still thronged with a very non descript crowd The wider streets are a much greater convenience for the increasing motor traffic.

Shifting Handbanks,

30 сопле

The China Association.

The Yongtaze has been, and, still asked to take Gleneagles down to

Mr. W. S. King's thoughtful ex-is very low, clearly showing the growth of sandhanks Course for exercise but he refused, position of the work of the China stendy whereupon the "complainant report Association deserves special note against the South Bank. This has ed him to Mr. Krasnopenroff, who That Association acts as a parent heen going on for many years, and dismissed him.

It was stated Ko ship to the British Chamber. It the contour of the South Bank has was also connected with the as

voxdeavours to secure a smooth pas been greatly altered sault, but he bed since disappearsage and favourable winds by dint quence. ed. On the day of his dismissal Ke was alleged to have told the complainant that it was he who caused him to lose his job, and threatened to kill him. The follow ing day, however, Ko approached the complainant, and asked him for a loan, but the complainant said he had only one dollar. Ko was displeased and again made the

threat.

Two

Threats and a Revolver.

three ог

days

later

at the Sessions had testified that the defendant appeared at the His formal application is for leave it was perpetrated on the 14th. He to appeal, brought under Section was at a loss to know how the 78A (1b) of the Ordinance, against Trial Judge came to accept such his conviction and the ground on evidence. The cast, in his submis. which the application is made is sion, should not have gone to the that there has been a miscarriage jury. He contended that there was of justice. Subject to your consent, miscarriage of instice and asked the Court is prepared to grant the that the conviction be quashed.

application for Icave to appeal with- out hearing the legal point and pro- ceed at once to the hearing of the appeal itself.

The Decision.

After Mr. J. A. Fraser, assistant Attorney General, had briefly re Mr. Fraser: I do not object to plied, Mr. Justice Wood, after con the appeal.

sultation with the other members of the Court, said:"Before I

Dunbar stable, and asked the com- plainant to get him the position which was formerly held by Ko looking after the pony Gleneagles The complainant took him to Mr. Krosnopearoff, but the latter would not employ him. After this, the defendant was alleged to have told the complainant that be was the cause of his dismissal, and threaten- ed to kill the complainant, also showing his revolver.

Nothing further happened until the night of March 23 when the complainant was sharing with an- other man room next to the

His Lordship: Mr. McNeil, you place on record the finding I shouldables. About half past two in

te for the appellant

♫

Mr. McNeil: Yes, my Lord.

the morning the complainant was iko to say the Court sympathises awakened by someone striking him with the position that has arisen in with a sharp instrument. He re- this appeal owing to the somewhat cognised his assitants as the de His Lordship: Will you there-brief character of the record, and fendant and Ko Yin Fa fore proceed at once with the ap-the Court hopes that at subsequent peal 7

appeals there will be some fuller record for use.,

The Defendant's Case."

Õ,་སྙ

of encouraging the interchange of One large bend of the River has on the land views between the British and Chi-been silted up and nese communities. And it is abla this reclaimed stands the main to record real progress and happy railway station and many dwell. achievements in the course of the ings. Golden Isian1, one of the past year. Mr. Louis Beale's buoy beauty spots of the Pert is no ant commentary on these speeches longer an Island but lies on the had a tonic effect and gave evidence edge of this area. At the time of of the vigour of British goodwill the Taiping rebellion the British and regard for the efforts of those fleet anchored in this bend, be who sincerely desire to stimulatetween Gaiden Island and the then Sino-British commercial relation nainland ships. Mr. Beale himself has al- ready won the confidence of his own community by the alertness of his outlook and by the deftness of his application of a wider com- mercial experience to the difficult conditions here. His observations, therefore, carried special weight They supplied an authoritative guide to policy and, no doubt, will be as highly acceptable to a larger audience as to those whom he direct ly addressed.

NOTES FROM WUCHOW

Anti-Japanese Boycott Increases

(From Our Own Correspondent.)

The Police were immediately in- formed, but the defendant was not arrested until four days later, when

April 8. he was found.in the racecourse with

Anti-Japanese fesling is becom Mr. MoNeil Before I proceed

"The appellant was convicted be the pony White Jade Stag ing more intensive daily and with the appeal, I would like to fore the Trial Judge and by a jury

After evidence had been given in abop dealing in medicine, most of mention a matter which has been on March 22 on an indictment

support of Sergeant Fitches' state which came from Japan, had to very much in my mind. The a zend- charging him with obtaining on menty His Worship sentenced the close its doors owing to activities ing section of our Criminal Proce- November 12 last year, with intent defendant to six months bard of the Boycott Association," whe dure Ordinases purports to give to defraud from a person named, labour and ordered him to pay 50 had propoganda posters promin persons convicted in Hong Kong the sum of 850-by-falso pretences, compensation to the complainant ently displayed in the street where. Those rights conferred 50 years ago en by means of a cheque. The quesor, in default, another six weeks the shop was situated.

slogans, loudly call for a severance similar persons at Home by the tion on the appeal was whether the imprisonment. Criminal Appeal Act of 1907,

of economic relations with Japan. Court, having considered the re- By the passing of that Act the only cord, should set aside the verdict of

the jury, right to appeal open to a convict- ed person was in a case reserved by "The important point, and the the Triad Judge for consideration by only point, in the appeal is con the Court.

In the case of each sideration of the fact that the appeals there is no doubt whatever Crown witnesses, who were called that the point reserved would be to depose of certain facts alleged clearly and accurately set out by to have occurred on November 12, the learned judge reserving it but deposed to facts which occurred on

that it is unreasonable or cannot Some of the Generals who were be supported, having regard to the formerly under the-control of Gen- evidence. The view taken by us is eral Wang Shui Hung, now Minis ter of Home Affairs, who has re that the jury did not come to a reasonable conclusion upon the evi-only been appointed Chief of have been asked to proceed to the dence before them and for that Staff at the War Office in Peiping, North in order to join the troops reason the Court set aside the vor- dict of the jury.”

there in connection with the un- declared war with Japan. General Wong was for several years, the very successful head of the Kwang-

i Provincial Government.

it is perfectly obvious that the right November 14. Having regard to all ́ His Lordship then discharged of appeal given by this Ordinanca the evidence which is set out in the Bess.

as antended and the right given by records, we are of the opinion that Besa was re-arrested by the Police the Criminal Procedure Act involve this act weakened the credit of the on a warrant issued from Manila something quite different. The Ap Crown witnesses and does not and later in the day brought before peal Court is entitled to review allowed the verdict of the jury to uvery incident of the trial includ stand.

full power unless it has before it the against his conviction.

on

the

Mr. Schofield at the Central Police

Two cases of small pox were Court, when he was informed that ported recently from the municipal the new charge against him was | bospital, but fortunately nei robbery in Manila, within the juria case was fatal.

The steady growth of these sand- banks is a vital concern to local shipping, and quite recently I was told that a buoy has had to be foat- ed at the point of one sandbank to indicate the narrow exit where formerly there was a wide passage, between the mainland and Silver Island, in midstream.

While sandbanks are

steadily growing on the South Bank the North Bank is being as steadily eroded.

It is said-Iannot vouch for its truth though the present action of the river would seem to endorse it, that the large city of Yangchow- 60 l north of the river, and con- nected by launch and motor bas, once stood on the north bank of: the Yangtaze.

Chinese Christian Conference. -

Just now the 18th annual meet- ing of the East China Christian Educational Association is ik Session here. They have a varied programme and the speakers are Chinese both men and women." The three provinces of Chekdang Kiangau and Aphwei are repre Bented.

CHURCH NEWS

ST. ANDREW'S CHURCH, KOWLOON

Bervices for Sunday, April 16 Easter Day

7.15 a.m.Holy Communion. 8.15 a.m.-Holy. Communion.

10 a.m.-Young People's Service and Primary Sunday School. Morning Prayer and Holy Communion. Preacher The Vicar

11

Subject: Love Triumphant.

3 p.m.-Young People's Service. 6 p.m. Evening Prayer and Ser- Prescher The Bishop of Vic

toria

Gifts of Bowers for Easter de corations will be very welcome and should be sent to the Church in good, time on Saturday morning. We shall be very grateful, also, for the help of ladies of the congrega

full report of what took place at the grounds that there was some mis suspected person' hare without the menace of lamine. The rivers ion in the work of decorating.

trial

ing the terms of the judge's sum-

"The application before the ming up to the jury and I mubmit Court on which theso. proceedings diction of the Government of the with great confidence that no Court were founded was an application by Philippine Islands. of Criminal Appeal can exercise its the accused for leave to appes

The scarcity of rain, throughout Besa, challenged the right to rent the whole province has brought are beginning to dry up and at the charge being substantiated in the moment a very shallow indeed, first instance of oficiala domumentaméh not long ago in the Nor from Manila, and upon information thern part of the province rain laid by a private individual caused & slight dooding of the Fu The Magistrate replied that such and Lui Bivers. The people are warrant for arrest could be issued now earnestly praying that the rain the Magistrate issuing the war will soon come ne the drought is

affecting the rice crop. nkrant thought that the information

No Report of Summing Up.

I can only tell your Lordship I have been greatly embarrassed over this appeal by not being aware of the terms the learned Trial Judge had addressed to the jury matters stand now, the situation he boen dealt with by Courts at Home and it is now said that in spite of

carriage of justice. It seems to us that that is no ground on which to allow this appeal,

Verdict Not Reasonable,

to allow the appeal if they

"The duty of the Full Court is

also that the verdict of the jury was officient.

Friday April 14. (Good Friday). Three Hours Service 11 am

Easter Evensong, at 6, p.m. on Saturday in the Church

and Mrs. Harris arrived here the other day, they were confronted

lind

with some difficulty as not Chinese passports though they The question of passports had passports from their own coun

try, which the Chinese appar (Vontinued at foot of next Column), did not accepti

could be set aside on the ground Been was remanded for a week, again being raised and when Mr.

antinued at fool of next Column) bail being refused,

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