1935-12-13 — Page 11

TWO CHINESE CONVICTED

Theft Of Purse From Woman

The theft of a purse containing $8.70, constituted a charge prefer- red against two unemployed Chin- ese, named Che Cheung and Li Kong, at the Central Magistracy yesterday, the case being heard by Mr. QAA. Macfadyen. It was stated by Det.-Sergt. Fowlie that the purse was stolen from a wi- dow named Wong Chau Kwa at the Mong Kok Ferry Wharf, Hong Kong side, on December 5.

CASE HEARD IN CAMERA

Alleged Assault On Woman

The case was continued at the Central Magistracy yesterday in which a 10-year-old youth named Chat Koon was charged with. an attempted offence against Tonk King (19) an amah at No. 14 Gresson Street, the assault being alleged to have taken place in the early hours of the morning of No- vember 25 last.

The case was heard in camera, with Mr. W Schofield on the Bench. Mr. EH. Williams, As- sistant Attorney Genéral appeared for the prosecution, while Mr. Pe- ter H. Sin represented the defen- pleadeddant.

A second charge of possession of an instrument fit for an unlawfu! purpose was preferred against the second defendant only.

The first defendant gulity, but the second defendant dented both charges. 7

Medical evidence was called in which both Dr. Begbie, Government The complainant stated that she Bacterioloğlit, and Dr. Cheung left the mainland on the Mongkok | Shiu Fan, of the Government Civil Ferry at 7 o'clock in the evening. | Hospital, expressed their opinions and while traveling across the regarding the offence. Dr. Begble barbour, first defendant annoyed said that he was handed a sealed her. She grew suspicious of de- package containing pair of fendant and the two others he trunks and was asked to examine was with, one of whom was second them for seminal stains. Witness defendant.

found some stains, but said that he was not in a position to Бау beyond doubt whether they were seminal,

She kept them" under observation and on arrival at Hong Kong she placed her luggage on her left shoulder and her purse in her left pocket. Both defendants kept on annoying her by pushing her. First defendant then seized RA opportunity to snatch her purse from her pocket, and ran away with his companions. They were chased and arrested, but the purse was not found in their possession. Evidence of arrest was given by a Chinese constable who said that he found a razor blade hidden in A newspaper carried by the sec- "ond defendant.

Second defendant said that the constable came up and spoke to him and that when Arst defen- dans was accused of theft "I was also arrested.". He denied having ran at all,

Both were convicted the Magis- trate imposing a sentence of six months' hard labour on the first defendant, while second defendant was sentenced to six months on the first charge and a month with hard labour for the second offence.

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Dr. Cheung Shlu Fan sald that he examined the complainant and found no signs of violence what- soever. From the examination witness said that he could not de- finitely say that there had been an assault. There was 3. complete absence of blood..

EVIDENCE OF INMATES Inmates of cubicles on the floor

of No.. 14 Gresson Street, were then called and collaborative evid ence was offered regarding com- plainant's character. Tsui Char, who occupied a rear cublelo testi- fed that on the morning in ques- tion she was awakened by cries from the complainant some time after 5 am. Witness asked what was the matter and complainant rèpifed "Chat Koon has molested me." She (witness) heard the boy's mother strike him, while complainant sobbed.

Tong Chat. a married woman and aunt of the complainant, said that after she was informed of what had occurred she decided to notify the polce. Witness said that accused's mother håd - sug- gested marriage, but complainant had refused to adopt this proce- dure.

Cross-examined by Mr. Sin on this point, witness refuted an al- legation that she was the first to raise the question of marriage. "I did not suggest this. If the girl had agreed to marry him, (accused In the Arst place. I would never have gone to the Police Station."

Sergt. Fitches gave evidence of accused's arrest. The latter, in witness" opinion. fully understood the charge preferred against him, as it was explained in Chinese, nl- though accused also knew English.

The case was then adjourned until December 16, at 2-30 pjn.

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HONG KONG DAILY PRESS, FRIDAY, DECEMBER 13, 1935.

LOCAL POSTAL

PROGRESS

Interesting Philatelic Exhibit

One of the most interesting ex- hibits to be seen at the Hong Kong Philatelic Society's Exhibition which closed last, evening was the one entered by the local philatelist, Mr. Wm. Sayers. ·

Hong

The exhibit was purely Kong in its construction and con- stated of an qutline of the Colony's postal progress conveyed through the mediumi of postage stampe, airmail covets and well executed drawings of post office cancella- tions.

34

NON-MEMBERS AND

LOTTERY TICKETS

Cannot Recover Money If

Seller Refuses To Pay

MAY ALSO BE PROSECUTED

Singapore, December 7. Ha sweep ticket purchased by a non-member of a turf club through a member strikes a prize and the member concerned re- fuses to pay up, the unfortunate non-member purchaser has no cause of action and cannot recover the prize money by law-and worse still he (or she) is conimitting a punishable offence!

The legal position in such a case is that the member la pro- moting and organising a separate and distinct lottery of his own and as he sells the tickets in this separate lottery to members of the public it is an illegal publie lottery.

וי

giving judgment at Seremban on Thursday in the case in which G. Benjamin claimed from a Bombay merchant, E. M. Esmalljee, $3,236 less $565, being the second prize In the Penang Turt Club lottery held on July 28, 1934.

The display included rare colour trials of the Colony's first postage stamps, an imperforatel block of the 30 cents brown, 1900-ña issue, with margin shewing clearly the Mr. Justice R. C. Cussen reiter- Crown CA. Watermark, a fine copy❘sted this appeal court ruling fa of the cents on 10 cents green doubly surcharged, a superb mint copy of the 10 centa, 1882-83 isque, in deep blue-green colour, a block of four stamps, 7 cents on 10 cents green, with the scarce antique "t"

of the 14 cents on 30 cents mauve on the first stamp, also a mint copy

shewing a similar variety. Blocks

shewing many varieties caused by and pairs of the present stamps

damaged and worn printing plates were admired as also the current Silver Jubilee stamps in blocks of four showing that each block was taken from the forty-frst sheet of their respective values; these were nicely mounted around a well-designed souvenir cover bear- ing a set of aimllar stamps which passed through the post on the day of issue.

`THE “LA ZELEE" COVERS Stamp Duty adhesives which were withdrawn from fiscal use and au-.

thorised for use in prepayment of postage were included and two covers carried by the nonopane

Th

Zelee" which left Kal Tak Aerodrome on the morning af 5th November, 1932,

This very fine collection of rare items was framed in drawings of past office cancellations ranging from the first postmark of the Co- Tony, a woodblock to which the unit figure of the year had to be inserted in ink after its application to letters down to the postmarks 'n use at present.

Mounted within this well ar-

ranged collection were pen and ink coples of the original drawings sent went Sir Hercules Robinson's des- patch to London for the Colony's Orsi postage stamp.

The display was arranged on purely philatelic lines, without em- bellishment, which must have con- veyed to all who saw it the wide appeal of stamp-collecting and philatelic research as an intelligent and interesting hobby.

IN A DOCTOR'S

SURGERY

Woman And Medico Found Unconscious

Malacca, Dec. 3.

The preliminary mquiry lato charges of attempting suicide and administering a stupefying, drug to a Chinese woman preferred against Dr. M. Hikosaka opened in the police court before Com mander J. C. Derrick this morn- ing.

|

|

Mr. Ernest Jeff appeared for the plaintiff while Esmalljee was de

judgment was: fended by Mr. M. E; A. Farr.” The

"In this suit the defendant, raises a question of law which it was de- aided should be taken as a pre- liminary issue. He contends that on the claim as set out in the plant, together with certain facts admitted, the plaintif has no cause for action, as the claim arises out of an illegal contract..

A PRIVATE AFFAIR "The facts are, for the purpose of this argument, as follows:-The defendant was in July, 1934, a member of the Penang. Turf Club, The club heid a sweep or lottery

on the results of one of the races

on July 28, 1934.The lottery was a private lottery, the issus of the tickets being confined to members of the Club. The defendant," as a member, bought from the Club over 200 tickets in this lottery.

"His object in doing, so was to sell the tickets' to persons who were not members of the Turf Club.

"He tells us that he kept two tickets for himself and sold the rest to various persons, Among the purchasers of the tickets from defendant was the plaintiff, who bought ten tickets from him. The plaintiff is not a member of the

Turf Club.

PRIZE VALUED AT $8,000. ·" "One of the tickets sold to the plaintiff a ticket issued to and in the name of the defendant as a member of the Club-won the 2nd prize in the sweep, vaine $8,236. The Penang Turf Club has pald this sum over to the defendant, The plaintiff states that he has received only $565 and that the defendant refuses to pay him the balance of $7,671. He now gues to recover this sum.

"The question now raised Le whether the plaintiff has a cause of action, is in my opinion deter- mined by the decision of the Court of Appeal in the case" of Kader Batcha TS. Public Prosecutor (F.M.S. Reports January-July 1935, page 18).

"By a majority it was held that a person who acts as did the de- fendant in this case, is promoting and organising a separate and dia- tinct lottery of his own, making use of the tickets in the privahs Turf Club lottery for this purpose, and as he sells the tickets in this separate lottery to members of the Mr. E. H. Tuan, Chlet Detective public it is an illegal public lottery. The perplexing problem of selec-Inspector, who conducted the ting the right gift for friends proceedings, informed the Magis- relatives or those that are nearest trate that the Chinese woman Ng the doctor's desk he got. three and dearest to you may be solved Kim Lian, had disappeared. The letters which appeared to have by a visit to the China Emporium accused was undefended.

The Problems

Upon entering this store you

will find that it is gayly decorated

shopping a pleasure.

LYING ON THE FLOOR Inspector M. Boy.e described

been newly written,

Statements were later obtained from Dr. Hikoenka, and the woman

and the cheery atmosphere makes how upon going to No, 38, M at the Hospital,

There are gifts, beautiful and Road, he found the doctor lying useful, too numerous to mention, on his back on the floor in

comatose state,

a

SUFFERING FROM ÄSTHMA The doctor's wife, said that she Road,

A room on the had lived at No. 38, M

but at or which are priced quite right of the stairs appeared to be for about 25 years, which was the fd consistent with present day

a surgery. In there was a Chinese length of time that the doctor idea of economy."

To mention only a few, there woman also in a state of coma. had practised. On October 24 are toys of all types, stationery Her clothing above the region of about 5 am, she heard the sound. to suit all tastes, wearing apparels the chest had blood stains of a thud on, the floor. Her room There were three puncture wounds at that time was. Illuminated by for young and old, perfumery and other tollet goods for one's best in the region of the heart. Neara kerosene lamp and her husband

the woman be found git' friend.

three was out. In the consulting room trocars, one of which was stained she found her husband, dressed in with blood..

kimono, lying on his back on the On the opposite side of the focs She aid saw A. Chinese room on a table, he niso found a woman on a couch dressed in cardboard box containing 'trocars, blue, She recognised her as one hypodermic syringes, and a tiny of the patients who visited the bottle which contained a small dispensary. quantity of fuld There

When the Chinese woman made neither label nor distinctive smell her visits, she was accompanied by Inspector Tunn deposed to her children. There was nothing visiting. Nos 38 and 42 Mill Road unusual with the doctor the pre- (in which a Chinese woman vious night. He tad suffered

from asthma for 15 years and

In the statorery department a novel idea in the way of guessing the bal contest has been institut- ed. A prize of $400 must be wor Why not try it?

DEATH OF MR. G. P; FORSTER

London, Dec. 11.).

The death has occurred of Mr.named Ng Kim Lian lived). He GP: Forster, formerly of Messrs, was informed that Dr. Fikosaka ceived treatment with a kind Jardine, Matheson and Co., Ltd.-- had spent some time the previous | drug. Router

night in writing letters."

"The hearing was adjourned.

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ILLEGAL TRANSACTION

"The position. In law in the pre- sent case, then, is that the de- fendant organised and prompted and sold tickets in a public lottery and the plaintiff bought some of the tickets. A pubilë lottery is an Mlegal transaction and both the person who promotes and carries on the public lottery and sells the tickets, and the person who buys a ticket comamits' an 'offente pun- ishable.

ex-

"Every sale of lattery ticket is vold, and no action is maintain- able by any person in respect of any such sale or contract, cept by the purchaser for the, re- turn of the money or other con- sideration paid.

"The plaintiff and the defendant are parties to'an agreement and contract which is illegal and void. The plaintiff is the winner of a prize in a separate pubile lottery carried on by the defendant, his cause of action is based upon the legal and void contract between him and the defendant in which contract-in the separate and dis- tinct lottery-they were principais.

"No question arises here of prin- cipal and agent as the lottery in question is the separate distinct lottery organised by the defendant.

"I am of opinion that the de- fendant must succeed on this ques- tion of law I find that the plaintiff

has no cause of action The suit is therefore dismissed with costs"

11

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