1933-08-16 — Page 8

HONG KONG DAILY PRESS, WEDNESDAY, AUGUST 16,

HAZARA SINGH AWARDED DAMAGES

Jury Finds Verdict For Sikh Money-lender: Disagree Over An Important Issue

TOTAL OF $2,513 SPECIAL AND GENERAL DAMAGES

After retiring for an hour and a half, the jury em panelled to hear the claim by Hazara Singh against Sawan, for damages for wrongful arrest, awarded damages to the plaintiff amounting to $2,513.

The Acting Chief Justice (Mr. J. R. Wood) before whom the case was heard, drew up a series of questions for the jury, who were unanimous in their answers ex- rept in respect to a question as to whether or not Hazara. Singh on November 13, left the Colony with the intention of evading his just debts. Four jurymen believed that he did, while three were of the opinion that he did not. The day commenced with the evidenced of Mr. F. C. E. Rendall and after three minor witnesses had been call. ed the case for the defence was closed." Mr. F. C. Jen- kin, K.C., addressed the jury for a little over half an hour, while Mr. McNeil took just over one hour for his speech on behalf of the plaintiff. His Lordship summed up for half an hour and the jury retired at 4.40 and “ returned at 6.20. There was a very large gathering of Indians and others, and not a few members of the legal community to watch the ending of this interesting case.

"COUNCIL'S SPEECHES AND THE

SUMMING UP

Mr. F. 0. E. Rendall's Evidence.

Mr. Rendall was the first wit.. ness called yesterday morning,

Mr. Jenkin: You had charge of the proceedings in the police court against Hazara Singh?

Witness: Yes.

matter Yes,

WLS

E

On whose instructions did you act-On my client's, Sawan's

Re-examined by Mr. Jenkin, Mr. Rendall agreed that Sawan described by bim as a "nominal” defendant.

For the Defence.

Wan

Your first interview on this In the course of his address to on November 18.7- the jury Mr. Jenkin said that the allegation that Sawan had mani- Who were present at the inter-pulated the promissory notes in view Sapooran Singh introduc- ed Motta Bhag Singh and Bagat Singh to me. -At this point witness identified Motta Bhag Singh.

10.

!!

Was

4

prosecution the plaintiff must prove that the prosecution was for a criminal charge, that the", pro- ceedings had terminated in his

1933.

THE ROMANCE OF HONG KONG

AND CANTON

favour, that the defendant insti- DR. J. M. HENRY ON A HISTORY

tuted or carried on such proceed- ings, and that plaintiff had suf- fered damage.

The jury had to consider whether Sawan brought these proceedings maliciously. Malics in this con- nection merely meant hostility of one man to another, actuated by spite or ill-will. If this malice was to be proved against Sawan it must be shown that he was act- ing from ill-will towards the plain- tiff or that in prosecuting him he was following out some purpose or object un-connected with the pro- secution which he had no right to carry out in that way.

His Lordship then took the jury over the facts when the informa- tion was laid and asked them to. consider the state of the defen- dant's mind at the time, pointing out was material for them to consider whether Sawan was дет tuated by ill-will or not.

sum

At another stage of the ming up His Lordship said that a man who brings a charge against another man, must abide by the terms of that charge. It was im material whether Sawan believed Hazara Singh a rogue, but there must be a reasonable belief in the existence of" facts on which the charge is brought. It was not enough to say that one was doing

HOW

WORTH WRITING

ROTARIANS CAN MAKE. HISTORY TO-DAY

A very welcome guest at yesterday's meeting of the Hong Kong Rotary Club was Dr. J. M. Henry, the Pre- sident of the brother club in Canton. Dr. Henry gave an address, full of humour, of a sense of the romance of the East, and of kindly wisdom. He urged Rotarians to learn more about Hong Kong and Canton and about each other. He looked to the day when good histories would be available, making clear the pageant of Hong Kong, and of the much more ancient city of Canton. In Rotary he saw a great opportunity to foster good relations between East and West, and a brief account of what the Canton Club was doing was then given.

Sir Henry Pollock, K.C., was among the guests, and received an ovation when introduced by the President, Mr. T. B. Wilson, who said that he hoped Sir Henry might be prevailed upon to give an address on 'Hong Kong 40 years ago.

public duty. A man, in order to clear himself, of the implica tion of malice must show that be believed that the facts on which the charge was brought was true.

At this stage, His Lordship handed the ju a series of ques tions, which ogether with the juries answers will be found below. THE ELEMENTS OF A GREAT DRAMA

Dr. Henry was thanked for his address by Rotarian Green.

that be.

Up to that time you had not falsely. heard the name of Sawan in con- "One matter which should con- nection with this matter at all?-Leern you very much should be this said Mr. Jenkin. "Did

ال

of

"

one

Dr. Henry in the course of his | Dutch or Philippines are equally address said: Some day perhaps known as Lustong In the Luzon the combined efforts of geologists, or Fhilippines smoke and so archaeologists anthropologists and might go on. other scientists and historians willSome day an interesting book, I give us the outlines of the history hope it will be a series of books will of South China from the first days be written upon the history of of primitive man.

Hong Kong and Canton, the begin- nings of foreign intercourse etcetra. One has only to ask a few questions to know how much there is to know and how little one does know."

Ignorance. Hong Kong and Canton in Mutual

✔

of

Pageant of Canton,

One of the questions was whether the plaintiff on November 13, laft the Colony with the intention of evading his just: debts. It was necessary to prove that when it a question of assessing came to damages.

With regard to the question damages, said his Lordship, the plaintiff, if he succeeded in his action, was entitled to receive a sufficient amount of damages for

The discoveries made by Profes- his arrest in Shanghai, his im- prisonment there, his journey in or Shellshear of the University, custody between Shanghai and Father Finn and others, of relics of Hong Kong, his imprisonment on the Stque. Age, stone axes and other order to get Hazara Singh down arrival in Hong Kong and his implements, in the New Territories, to Hong Kong so as to collect a detention in the Courts while the Han period bronzes and pottery in It was Lamma, certainly intrigue the im- personal debt due to Sawan was proceedings were going on.

There is ample excuse however entirely not proved by the evidence for the jury to say how much com agination. One wonder what kind In fact that was not eran put to pensation should be awarded to a of life the first Arab traders found,

lesser degrees of the defendant 2 Mr. MacNeil. man in plaintiff's walk of life for and whare it was that they used for greater or

to stop for water or to clean their ignorance upon the historical side," As a result of the information Similarly there was no evidence the discomforts he had suffered.

There must be materials but it is dismaying indeed to relise confided to you by them did you that when Sawan swore that plain Apart from the above he was also ships. visit police headquarters Yes, the ti's promissory holes had been entitled to damages in respect of did we but know the facts for that this ignorance is only equalled following day. I first saw Mr.transferred to Gunga Singh, injury to his standing and in many an Odyssey in the coast his if not surpassed by our own mutual Wolfe, the I.G.P., and on his in- that he knew that his state that connection it was important tory of these shores from the early ignorance and disregard of ench atructions I went to Mr. Scott. ment

false. Mr. Jen- that the jury should make up their Arab days till the white winged other. It is quite likely that a full not mind as to whether the plaintif clipper ships began to surge their half of the population of Canton The police preferred that your kin asked whether it was

way from Java Head to Lintin. It have never been to Hong Kong and glients should apply themselves Counsel's duty to put these ques- was dishonest or otherwise.

a pageant could be prepared which I wonder what percentage of the for the warraut? That was so. tions to the witness so

would show it all as far as Hongnon Chinese Civilian population of Questions and Answers. You returned to your office and could clear himself of any uch

Kong is concerned there would being Kong, has ever seen Canton. you called for the production of charge which might be brought

Mr. Jenkin said The jury retired with the ques the elements of real drums and I Do not for a moment imagine

would be that I certain Promissory Notes? Yes against him.

Bax assuming a "holies, to amazed at the epics which have been Lauthors" atritude. Those which were latest in time that Mr. McNeill did not put the tions put to them by the judge am sure most

I am not. prior to the date on which, as they question, not only because he po and after returning to court fold me, Hazara Singh had left longer entertained such an idea, seek further direction from the repeating and are still repeating Far indeed from it. One of my earliest recollections of Hong Kong the Colony. They brought me two but also because on the evidence judge on the point of malice, ré. themselves in this area.

is of watching from the verandah dated November 4 and November before the Court and the jury he turned the following answers. The

of old Dr. Chalmer's House in the could not ask anyone to say that questions and answers are given in

London Mission compound on Bon Sawan knew that he was acting full below:-

Equally dramatic would be a ham Road. The first of the Em- pageant of Canton, which, though press boat, I think it was the Em- physically so much less picturesque press of China coming in on her than Hong Kong, has from the maiden voyage. One of my plea human point of view held the stage santast recollections is that of a much longer. One would think few weeks of schooling at, Queen's be College which must be 40 years ago that Kings would not easily forgotten in theirown country, but and yet in spite of this happy con- some

our Chinese Fellow nection, in spite of the fact that Rotarians will remember the sense to get to and from Canton I have tion about twenty years ago when to pass through Hong Kong and on Tortoise Hill, Kwai Kong, in probably for one reason or another Tung Shan, the east end of Can- I am down here a dozen times each ton, the grave of the first King of year, I have only the most super Ut-Ut Wong-was accidentally un- ficial knowledge of Hong Kong and covered

consequently can have no "sort of Unfortunately, instead of some. I understanding of Hong Kong itself, one stepping in and saving this for its problems, its life. a public museum, the priceless re- lics were quietly dissipated. At the Canton City Exposition held this year one of the exhibits which

With this sort of ignorance c attracted great interest was some Fach other, and I assume I am of the beame which has shored up sufficiently typical to argue that a the interior of that grave Just | great depl" exist, there must natur- what Canton was when Ut. Wong ally result a great field of minns Q: (b) bring this charge believ issued his defiance to the North one derstanding. There has always

ing it to be true.,

wonders. One alad may be permit been plenty of this deep-seated. ted to wonder what pomp and cere

misunderstanding as between East Q: If he believed it true was hemony attended the building of the and West Findafentally differ reasonable in so believing 1 big tower by the Mahomedans, now ant qutlook upon life, fundament A: The question does not szise known as the Smooth. Pagoda ally different ways of living and of Q: Was the charge brought by (Kwong Tap, or the interment approaching the problem of life

the Defendant as Complainant outside the North gate of the re- itself inévitably lead to misunder against the Plaintiff before puted maternal uncle of Mahomed standing. Pride of race, and God the Magistrate on December 17, Even a hundred years ago, life in alone (knows to what extraordinary 1932, and set out in the In-Canton, was strange amough from lengths we all go, East and West formation sworn by the De- the foreigner's point of view to in this. Stubborness and selfish- fendant on December 8, 1832, judge by the accounts in Hunter's ress, and pig-headedness" have all to the effect that on November Bits of Old China," or his Fan contributed and in the past bar. 10, 1932, the Plaintiff had ob- Kwai" in Canton, or various items miers, stupid, unnecessary, and tained credit to the extent of in the old Chinese Repository. hurtful have grown up, or deli 83,800.00 from the Defandant we enjoy our guave jelly and our berately been erected and these are by means of fraud contrary to section 78 (a) of the Larceny custard apples, forgetting that they by no means all down.

In recent years, I refer primari Ordinance, Ordinance No. of conte from barbarian pomegranate

No.

His Lordship: Who were these the defendant Sawain reasonably notes produced to you by believe the things he was saying Sawan came to the office with when he swore the information. Motta Bhag Singh and Bagat You will find it very difficult to Singh and produced them.›

answer that question in any other Did Motta Bhag Singh go up to way than favourably to my client. the magistracy with you-He was there when I arrived.

Mr. Jenkin then referred to the "Sudden and secret departure of Hazara Singh and passed on bo "Now we know that Hazara Singh was brought back to the ask the jury to remember the Colony and sometime afterwards malice suggested by Mr. MacNeil Summary Court writs were issue in his opening, which, said, Mr. in the name of Sawan for the re- Jenkih, he had entirely failed to covery of $3,5001-I cannot re- member the exact amount the writs were issued for.

4i

prove.

Reply for Plaintin.

*

Mr. MacNeil in the course of his You knew about them 1-Yes, my reply reviewed the evidence at firm issued them.

sore length and contended that At whose request 1-At the

re- there had been malice proved, and that the jury could not come to quest of Sawan on my advice..

It was you who first suggested any other conclusion than that the defendant when he swore this "in- that they should be issued Yes formation knew it to be false.

Who paid your firm the re

With regard to the fraudulent quisite" money for the matter Motta Bhag Singh and Bagat transfers, said Mr. MacNeil, Mr. Singh. The same two made a sub Jenkin had frankly said that sequent payment on November 25. Sawan had believed the statement. Cross-examined by Mr. Mac. to be true, because it was believed in the Sikh community that Neill, witness said he had not confused the Bhag Singhs in his plantiff had transferred promissory memory of what took place and notes and absconded. Mr. Jenkin he pointed them out in court.

had also said that it was absur for anyone to make the suggestion Mr. MacNeill; The first time that Bawan could have come to any ].... you say you heard Sawan's name other conclusion, but that the was when you asked for & Promis statement was true. He (Mr. sory Note-Yeo......

McNeil) thought it was absurd for Do you know Chota Bhag Singh Mr. Jenkin to make such a sug said that Sawan definitely express gestion. It was the duty of the ed a wish to the prosecutor in defendant to inquire into the sub- this matter 1-I don't know any-stance of the charge. thing about it. It is the most surprising thing I have heard.

We have been told that before the first charge came to trial there was some talk about withdrawing

The Summing Up.

In summing up. His Lordship explained in 'detail the

three

charges mentioned in the state-

it!-- Yes.

ment of claim and said that the I think it is right that you no jury would have to consider the tually spoke to the magistrate plaintifs claim for damages in about it Yes.

respect of each of the three charges. And that interview was on the The plaintiff had alleged that the instructions of your clients 1-Yes, defendant brought these charges At that time there were literally against him maliciously and dozens of people coming to see me without reasonable or probable about it and asking me to with-cause," The textbook said that to draw a

succeed in an action for malicious

Q. Was the charge which is set out in paragraph 4 of the Statement of Claim and which is contained in paragraph 4 of the Defendant's Information sworn on November. 16; 1939, to the affect that the Plaintiff had on the 10th day of Novem ber, 1932, borrowed from the Defendant the sum of 83,800.00 and had then obtained that sum from the Defendant by means of false pretence with intent to defraud contrary to section a sub-section 1 of the Larceny Ordinance," Ordinance No. 5 of 1865, warranted. by the evidence disclosed in these .. proceedings 1 A: Not warranted.

Q: If the answer to question No. 1 is "No."--did the De- fendant Sawan (2) bring this charge with malice believing it to be untrue.

A: Yes...

A: No..

A No...

Q: If the answer to question No. 1 ds "No" did the. Defendant Sawan (a) bring this charge with malice believing it to be

antrue.

of

1

Causes of Misunderstanding..

of

1885, warranted by the evidence and barbarian, laichees, idently im-ly to 1828, 1927, I have seen all the disclosed in these proceedings portations. The sweet potato bitterness of war time exhibited as the tomato are probably importa Hong Kong and Canton seeth time. as well. Barbarian tubers through a period of propagan and babarian egg plante We drink mutual distrust and mutual hate, our serated water, eat peas and ens with most of its distrust joy the delicious frangrance of the to utter misunderstanding, magnolia grandiflors, and most of one by the other ne are, unaware that they are com- belieymonly called by the Chinese, Hol Fand water, Holland legume Hot Idda Tubers and Holland Tuflies Q: If im believed it true was he or magnolia, constant reminde

that these necessities of Jale, reasonable, in so believing 1,

tions by the due to imp

Our

Whethe Havanas;

A. Yes. Q(b) bring this charge

ing it to be true.

A No

A: The question does not arise.

(Continued on Page 11).

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(Continued on page 11.)

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