1936-01-07 — Page 6

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HONG KONG DALY PRESS, TUESDAY, JANUARY 7, 1936,

FULL COURT OF

APPEAL

HEROIN PILLS MANUFACTURE

CHINESE GIVEN LOWER FIVE CHINESE CHARGED

SENTENCE

Three Years-but"

Satisfied

thing. more

14

Alleged Exploits. Detailed

Around the Courts

Li Yau, 20, and Li Ming, 19, ap before Mr. Macfadyen at the Cen- peared before Mr. Macfadyen attral Magistracy yesterday morning the Central Magistracy yesterday and was sentenced to six months' morning, on charges of stealing hard labour for returning from and receiving a gold pocket watch. banishment. On December 28, Ching Chan- He was banished for ten years pong, a clerk, was watching a on January 5, 1936. match at the military football ground, Sookunpoo, when the first defendant picked his pocket, steal-

After a protracted hearing, the

Admitting the theft of an Iron Baying that he was quite con case against three Chinese Chiu tented with three years imprison-Kau, Lo Shing and LI SO, allas Lang the watch, and banding it pipe, four winch nuta, two wash ers and a plece of iran belonging over to his companion, who pawn- ment and that he considered Tat Shing, and two women, Hoed it. Being undesirable charac to the Kowloon-Canton Railway that he was unlucky, but as Ying and Fung Chiu, charged with ters, they had been unofficially on Saturday, Two Wing, 42, unem- aguilty person he hed no- the possession if a large quantity advised to leave the Colony, so ployed, was sentenced to six weeks' hard labour by Mr. E. I. Wynne- to 803, Fuk of herola pliis, and conspirady to they went to Macao However, Sang, alias Mok Sui Shing, alias manufacture pills was opened at the police of that city sent them Jones at the Kowloon Magistracy Mak Kan, yesterday morning at the the Central Magistracy yesterday back again under arrest when yesterday morning. Detective-Ser- Full Court of Criminal Appear, sur-before Mr. W. Schofield.

several pawn tickets were found geant Riddell stated that defend- cessfully contested against his It had been the intention of the on them, obviously the results of dant was seen about 11.30 am. arigninal sentence of four gears prosecution to make the case one many thefts. The first defendant walking along the rails towards passed upon him at the last session for committal, and had been con- was sentenced to four months' Hunghom. Observing that he had by the acting chief Justice.

such until last week's hard labour, and his companion to been seen, defendant sat down Yesterday morning, before. Mr. Justice R. E. Lindsell and Mr, Jus- tice. J. J. Hayden, the appellant who was unrepresented made an appeal against his sentence. Mr. B. H." Williams. Assistant Attorne? General apeared for the Crown,

|

ducted as hearing, when Mr. H. R. Butters who was on the Bench announced cuse had to be taken that the

no summarily as

three

"near the rails, and it was found

-

that he was sitting on the articles

Despite being sentenced for

he had stolen. Mr. R. 8. Bevan,

provision WES stealing a sewing machine imple-Inspector of the Kowloon-Canton made for trial by Indictment under ment last September, Law Chung. Railway, was the complainant. the Pharmacy and Poisons Ordis 53-year-old taller, was brought nance under which the charge up again at the Central Magis relating to the possession of drugs tracy yesterday for stealing three had been brought. Therefore the more implements, valued at $8. case had to be taken summarily. from Yip Lal-kee. At about 7.25 appeal and of the appellant's ap- † Crown Solicitor said that he wont last Saturday morning, the com- of raw opium at the Kowloon

ILLEGALLY SENTENCED

Mr. J B.

Prentis, Assistant

plainant was sleeping in his re-

charged before Mr. E. I. Wynne- Two unemployed men were Jones at the Kowloon Magistracy yesterday morning for possession

At the outset of the proceedings Mr. Lindsell told the prisoner that the court has taken notice of the

Canton Railway Station last Fri- 'prehension of the term of his im- withdraw the conspiracy charge.

floor, when anoise awakened possession of 11 taels of raw half of the Brst, second, fourth him. He got up and saw the de-oplum, which was found concealed and afth defendants, while fendant running out of the house, in his shoes, was fined $330, or, în F. H. Loseby represented the third and gave chase, catching him. It default, nine weeks' bärd labour. defendant.

was revealed that defendant had Anne of $225, with the alternative The charges against Chiu Kau been bound over last September of five weeks' hard labour, Lo Shing, Là So and Ho Ying are for $50 for committing the same

was imposed upon Chau Fuk, 50, that they had in their possession type of offence. Mr. Macfadyen who pleaded guilty to possessing 35,500 heroin pills on the second now ordered that this. band be four of No. 15 Caroline Road, on forfeited, and sentenced defend- November 19, possession of of ant to six weeks' hard labour. ounces of codeine phosphate and 11 ounces of strychnine; and, thirdly, possession of 17 ounces of heroin.

prisonment which was one for Mr. 9. Ng Quinn appeared on be./sidence at 4 Po Hing Fong-ground day. Chan Siu, 30, admitted the

1i

returning from banishment. His Lordship added that in fact the prisoner had been illegally sen- lenced to four years because the trial judge thought that the ap- pellant was banished for life and not for ten years.

Continuing. His Lordship' said that as the appeal was against the legal sentence and not the legality of the case he would therefore re- duce the sentence to one bf three years imprisonment which was the

maxima.

Addressirig the appellant HIS Lordship asked if he had anything more to say why his sentence should not be further reduced,

APPELLANT SATISFIED

The Appellant:-"My application is now that I may be given back, my passport so I may be entitled to proceed to Tai Wan.

Fung Chli is charged with the passession of 35,500 heroin pills and 17 ounces of heroin

THE CASE OUTLINED The case against the fifth de- fendant was to be taken separate- ly and for this reason, he was remanded for 24 hours.

Outlining the facts of the case,

Pleading that he was only pass- ing through the Colony, Cheung Chau, 27, unemployed was brought

7.2 taels of the same drug. In this. case the oplum was found con- cealed in shoes and baskets. · Re- venue-Oncer H. Major prosecuted The opium was conscated.

E

k,

As a result of a fight between coolles at Hoit's Wharf and others from the Kowloon - Godowns on turbed while in the act of manu-Saturday afternoon, fourteen coo- facturing the pills.

lies appeared before Mr. DEFENDANTS' VERŠIONS Wynne-Jones at the Kowloon Ma- When questioned, first defendant gistracy yesterday morning charg

disorderly admitted that he had been stayed with behaving in a His Lordship:-Are you appealing Mr. Prentis stated that on Octobering in the fat for the past two manner. Three other defendants for the whole of your sentence to 17, last year, an old woman named days, and pointed to third defen- were in hospital and

for forty-eight be cancelled so that you may go to Fung Chiu rented a cubicle on the dant as his master. The second was remanded Tai Wan without doing your kerin. | second tour of No. .84

accused said that she had come hours, Percival

Det.-Sub-Inspector L. Whant for the 3rd defendant, while 4th defendant also pointed to 3rd de- stated that reports of the injuries fendant as the master. The third of the men in the hospital bad

and not yet been received. accused denied the charge

Appellant said that he did not | Street. The whole floor was rent

ed by a man named Fung Chak.

mean that He would like to go to Tai Wan after serving his sentence.

His Lordship said that the court was not concerned with the matter relating to his passport and all that the court was concerned with was that the sentence had been reduced by one year.

The prisoner said that he was quite satisfied with the sentence.

9

PREVIOUS CONVICTIONS

Ni

who sub-divided it into three

cubicles, he occuping the front and rear cubicles, while the old woman took the middle one

the

On November 6, the old woman occupied the cubicle in question. Everyday the fourth defendant visited the first defendant, and on November 18 the former took a That he was unlucky and as a flat at No. 15 Caroline Hill Road, gulity person he had nothing moru | which she rented from Mesars. to say.

Jardine, Matheson & Co.. That same afternoon. 4th defendant The Assistant Attorney General Ho Ying) gave instructions to a said that the only remark he had to carpenter's shop for the construc- make was that the prisoner was tion of a cubicle, later returning sentenced to three years imprison- to the shop and paying for ment in 1931 for an identical work. On her second visit to the offence-returning from banish-shop she stated that she would ment and he was given an addi- require some folds from the shop. tional two year for robbery. The to remove the furniture from appellant's excuse at the time was Percival Street, and said that she that he was a seaman and was would leave the next day. On passing through the Colony with- November 19, Ho Ying took the out any intention of staying here. tokis of the shop to Percival He made the same excuse in this Street, where the furniture, etc., instance and therefore it could not | were removed. Two journeys in be said that the appellant was not all were made on the first rcca- cognizant with the law. Mr sion, and first defendant went and Williams further added that this opened the new premises, while on was the fourth time that the ap the second occasion fourth defen- pellant had returned from banish-dant accompanied the removers. ment. He returned once in 1925 when he was given two years im- prisonment; in 1930 he had eight months jail and fifteen strokes of the birch and in 1931 he was given the maximum sentence of three years,

Fung Chiu was not present and so far as the prosecution was con- cerned. did not come into the plc- ture again until arrested.... in the house of the 3rd defendant on December 6.

لوا

THE RAID

ล

His Lordship:-Why was he not About the middle of the day on banished for life then? Mr. WI- the 19th, Ho Ying paid for the liams said that he was kept under services of the fakts, and ordered the same ten years banishment out that two bolts, be Etted 10 the with the date commencing at the door. Ho Ying," Chiu Kau und expiration of each term of his im- another man were present while prisonment..

the work was being done, it taxing His Lordship commented that netwo hours to complete. The mas- had been "undoubtedly misled byter of the carpenter's shop went this serious ommission, He thought to the flat and was asked by the that a man would be banished for first defendant to make Cap- life after having repeatedly broken board. At 10pm that night the Departation Ordinance and ad- Revenus Officer A. W. Grimmitt dressing the prisoner said that in and two Chinese detectives raided view of his record beling sa bad he the flat and found four of the could not reduce his sentence aux defendants there. First defendant further than one of three years was standing just in the doorway Imprisonment..

of the cubicle. 2nd and 3rd de- fendants were inside the door of the fat while the 4th defendant was inside the cubicle-itselt

In this cubicle was found para The Bank of England's gold phernalia for the manufacture of stocks have reached a new high pills, etc., while some 35,000 heroin record with the purchase yester-bis was also discovered. Beven- day of a further £390,652 of bar teen ounces of pure heroin was gold. For the first time the found while the fperedients neces Bank's bullion holdings against sary for the manufacture of pills, the note circulation have exceed apparently ready for the drugs. ed 2,200,000,000. The present were also discovered. It appeared total is £200,050,491.

that the defendant had been di

RECORD GOLD STOCKS

London, Dec." 18.

stated that he had come to see Ho Ying (4th accused) as she had paid a visit to his house while he was out.

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The Kowloon Godown cooltes were at Hoit's wharf alding in the unloading of 10,000 bags o ammonia. One report has it of the Holt's wharf coolies when Mr. Prentis added that in fair that the fight started when carrying a sack ness to the defence he had to Holt's wharf man attempt

a man from the of the men had a fractured leg state that on the personal effecis ed to arrest of third, accused there was found | Kowlotn Godowns for stealing Hls Worship in remanding the venetian paper on which Engilsh three costs belonging to the men defendants said that he did not and Chinese characters were writ-ior Holt's wharf Another report intend allowing ball until the na ten relating to the drugs used in was that one t the Kowloon Go-ture of the injuries of the men the manufacture of heroin pills. down men acc'dently struck one was known.

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