1936-03-19 — Page 6

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HONG KONG DAILY PRESS, -THURSDAY, MARCH 19, 1936..

APPEAL AGAINST

A MAGISTRATE'S Around the Courts

CONVICTION

Heroin Pill Case Recalled

Н

So. allas El Tut-shang. brought an appeal before' Mr. Justice J. J. Hayden at the Full Court of Appeal yesterday, against the judgment of Mr. W. Schofield, First Magistrate, who had con-

Mim victed

оп three charges dangerous connection with

in drugs,

19 laut ounces and 1

The appellant was charged with (1) possession of 35,000 heroin pills on the second floor of No. 15 Caro- line Road on November year: (2) possession of 6 of codeine phosphate our.ces, of strychnine; and (3) possession of 17 cunces of heroin. He was fined $2,500 or one year and in addition was sentenced to one year's imprisonment, without the option on the first charge: $2,500 or one year concurrent on the second, and $2,000 or one year concurrent on the third.

Mr. Leo D'Almada, jnr.; instruct ed by Mr. F. H. Loseby, appeared for the appellant. and Mr. J. B. Prentis, Assistant Crown Solicitor. was for the Crown.

FACTS RECALLED

Recalling the facts of the case

ALL OVER A MAN

LOITERERS CONVICTED

Ngan Sin and Phoo Fong, two On a charge of loltering at 4.45 women, appeared before Mr. Mac- į a.m. on Tuesday outside 44, Lynd- fadyen at the Kowloon Magistracy hurst Terrace, two men, Ll Man, yesterday on a charge of disorder- | 19., and Wat 'Chl, 32, were ly conduct.

First defendant said that she was married to a man" and lived with him for about 23 years. Lat-

Bem-

tenced to one month's hard labour each when they appeared before Mr. Balfour at the Central Police Court yesterday." Detective Ser- geant Gulid stated that when Li terly he came to know second de- fendant and finally deserted her Man saw the detective" he "called and went to live, with second de- | to Wat Chỉ who was half way up fendant. She was rather annoyed | the staircase. The latter's shoes about this and went to her house were at the bottom of the stairs. to see her about it. A quarrel

Wat Chi had a knife in his posses- started..

sion. Second defendant said that she did not know the first defendant and when she came over to her house she asked her to leave.

His Worship bound both defen- dants over in the sum of $25 to keep the peace, for one year.

DUTIABLE LIQUOR Cheng Fat (44), appeared berate Mr. Macfadyen at the Kowloon Magistracy yesterday on a charge of possession of dutiable wine, on March 17 at Anchor Street:

Defendant stated that he bought the spirit for his own consumption, His Worship fined him $10 or 14 days" imprisonment.

4

RAW OPIUM Appearing before Mr. Q. A. A Macfadfen, at the Kowloon MB-

Mr. D'Almada said that the ap-gistracy yesterday, Mok Heung aged 48 was charged with posses- pellant and three women were ar-

TEW rested on November 19 last at No. ston" of

oplum. Defendant

15. Caroline Hill Road, wherein

pleaded guilty and was fined $12 or in default 2 weeks hard labour. was found 35,000 heroin pills as well as other drugs, and heroin.

The four defendants were dr- rested and originally charged with possession of heroin pills, possea- sion of poison and possession of herolo.

ILLEGAL REMOVING

OF SAND Lau Man Yee and Chan Ching appeared before Mr. Macfadyen at the Kowloon Magistracy yesterday, The facts of the arrest, counsel on a charge of removing and from continued, were that, on informa- the foreshore at Lai Chi Kok with- tion received, Revenue Officer } out" a permit. Grimmitt went to the premises Both defendants admitted that about 10. o'clock one night- and they took a small quantity of sand there found the defendants. Cer-

as they wanted to build a Ere tain questions were put to them by range at their home, "Mr. Grimmitt after they had been put under arrest, and in answer to these queries certain statements were made.

11

Mr. Justice Lindsell: Was that admitted by the Crown?.

His Worship was not satisfied with their explanation and fined them $15 each. labour.

*

FUR COAT Li Pak, 20, unemployed, pleaded guilty before Mr. Balfour at the Central Police Court yesterday to stealing a fur coat from the Swatow Lace Company. Pedder Street, en Tuesday. Sub-Inspector J. J. Walsh stated the man was seen coat by a district carrying the Watchman. The Magistrate: "What is the value of the coat?" S. I Walsh: "The value is marked as $70, The complainant says it is It was previously worth only $30.

Sentence of one marked $125." month's hard labour was imposed,

•

FOR RETURNING Banished for

ten years Irom

April 10 last year, Man Po, 25, was sent to prison for eight months by Mr. Balfour at the Central Police Court yesterday for returning to the Colony. Sub-Inspector Walsh prosecuted.

EMBEZZLEMENT

CHARGE

Partner Accused“

partnership

UNREGISTERED MUI TSAIS

Woman

Heavily Fined

A married woman was summoned

Arising out of a that finally ended in utter failure and as a result of which Tsing Foo one of the partners in the before Mr. W. Schofield at the Cen- shop known as Tsang Foo Con-¡tral Magistracy yesterday for bructors, WILS summoned before breach of the "mui tsai......... „Or-. Mr. Macfadyen at the Kowloon dinance.

yesterday on a charge of embezzle- The summons, as from the facts

"ment of various sums of money of the case, was brought as the re-

which were due to the complain-sult of a report 'to the Secretariat ant Chan Kin Cheun

of Chinese Affairs by one of the Mr. M. A. da,Sirva appeared on alleged 'mui-taals," unregistered, behalf of the complainant, defen- that she had ran away from her dant was not represented.

employer with a Chinese military officer, but was later turned away by him.

In cutlining the facts of the case Mr. da Silva sadd that Chan

The defendant was Fung Yuk, Kin Cheun and Tsang, Foo got together and formed a partner- taing, married woman, residing at ship. They did business under No. 36 Des Voeux Road Central, the name of Taing Foo Contrac-second floor, she was summoned tors, and dealt more with Gevern- on counts of keeping two unregis- tered mill-taals, Sau Hing. alias ment contracts.

Their work went on for a while until Chan Kin Chuen found cer- tain discrepencies in the accounts and on going into them in detail found that defendant had em- bezzled a large sum of money,

He reported the matter to the police who advised him to see a solicitor, which resulted in the present proceedings

Tsoi Hel, aged 19 years, and Sin Lin-hing, 8 years old.

His Worship, at the conclusion. of the case imposed a fine of $200 on each summans. Before doing so, he remarked that at least de- fendant's husband should have known of the law.

Defendant while admitting own- ership of the elder of the two mul- tsals, stated that the second girl belonged to her brother-in-law and that she was looking after her as she was ill

MORE DUD COINS The possession of 26 counterfeit Hong Kong ten-cent pleces of the

EVIDENCE CALLED 1935 issue was the subject of a

The first witness called charge preferred against Lam Piu,

was 32, when he was brought before Fook Tung Hun

accountant of Не

THE FACTS Department. Mr. Balfour at the Central Magis- the Sanitary tracy yesterday. Detective Ser-said that he was in charge of

Inspector J. Fraser, of the 8.0.A.. geant Fowlle prosecuted while Mr.

payments of all accounts to con- prosecuted. He stated that on D. S. Curtis was for the defence. tractors. He produced in court February 25 the elder girl reported Hearing was fixed for Saturday at

receipts for monies which had at the S.C.A., saying she was an 11.30 a.m. The defendant was re-

been received and signed for by unregister "mut-tsal" in the em- the defendant Tsang Foo..

the picy of

defendant. She manded in custody.

On the January 30 1935. a sum alleged that when she was four af $469.87 was paid to him. On years old she had been presented March 5, a further sum of $291.90 by her natural mother to the de- district. was paid to defendant and which fendant in Kwong Bai he signed for. On April 1935, he she also complained of having received a further 8170 and again been struck on the leg with a fea- on April 30, he was given another ther duster by the defendant, and 3386. On May 31, defendant re-when she reported two faint sane ceived another sum of $170. The marks were visible on her leg. She amounts totalled 81487.70.

also said that defendant had an- Chin Kip Chuen sald that he other "mui-tsai” in the house.

On February 28 accompanied formed a partnership with Tsang

end of 1935 with a lady inspector, the pro- Foo towards the They agreed to call the business secuting officers went on, be visit- Tsang Foo Contractors and were ed the defendant's address. There to do business mainly with the he saw the second girl attired in Government. An, agreement was dirty clothing and carrying a small which stated that.com-child on her back. The girl sald signed plainant was to be in charge of she resided with defendant, and the finances and accounts but as

that her work consisted of chop- he had to go to the country he ping firewood and answering the left the accounts in the hands of door. The elder girl said that she Trang Foo,

had to sweep the floor and occa- sionally do the cooking in the ab- sence of the amah employed by the When he returned be

defendant. No wages were pald defendant to render his accounts

her and any 'lucky' money she re- but he put him off from time to ceived she had to give to defen time. Finally when he did show dant. Both girls. took their meals a statement of accourts it was

with the other "servants in the only for payments but nothing

kitchen. about receipts was shown

•

UNMUZZLED DOG

•

A. H. Penn, of 195 The Peak, was or 3 weeks' hard coed $15 by Mr. Balfour at the Central Police Court yesterday for allowing his dog to be in Mount- BANISHEE

Kellett Road unmuzzled and un- Mr. D'Almada: I am going to Sentence of seven months' im- leashed. Sergeant Hill prosecuted."

that establish beyond all doubt

prisonment was passed on Fok questions were put to the defen-shing by Mr. Macfadyen at the

MORE OPIUM dants after they had been arrest Kowloon Magistracy yesterday Wong Wing (30), Lai Ki (25), ap- when he appeared on a charge of peared before Mr. Macfadyen at Counsel then read certain parts having returned from banishment.

the Kowloon Magistracy yesterday of the evidence given by Mr. Grim- Defendant stated that he came

on a charge of possession of raw mitt in which he stated that he.

back as he was engaged as a sub- | oplum. Both defendants pleaded had made up his mind to arreststitute on a ughter. He only in- guilty to the charge. the people as soon as he saw the tended to come and leave the same drugs.

day. Defendant was arrested on the lighter:

ed.

.1

Continuing, Mr. D'Almada said the appellant's repiles to the first two charges were (1) the heroin pills did not belong to him; and (2) he did not know the matter and that he went up to the floor to look for a woman. There was no reply to the third charge, be- cause it was added later.

FOUR GROUNDS

·

*

PROSTITUTES' LODGINGS On charges of keeping prostitutea" lodging houses at 4, Kin Sau Lane and 10, Gough Street, respectively, two widows, Pun Yiu, 28, and Ho Tal-Kwu. 64, were each fined $30 by Mr. Balfour at the Central Ma- gistracy, yesterday. "Two other wo- The grounds for the appeal, said men, Wong Yau, who pleaded Counsel, were (1) the wrongful ad-gulity to keeping a sly brothel at mission of evidence by the Magis-14, Swatow Lane, and Chan Sam, trate; (2) the Crown had not who admitted being the keeper of another sly brothel at 12, Swatow Lane, were each fined $50 with the alternative of one month's hard- labour. Sub-Inspector B. Thorpe prosecutea in all cases.

ploved its case or the verdict was not supported by the evidence; (3) the Magistrate misdirected him self on facts and law, and (4) the Magistrate assumed Jurisdiction beyond that granted him.

Dealing with the last point, Counsel said it was in connection with the sentences passed on the appellant upon conviction. · Ac-. cording to section II, sub-section 2 of the Dangerous Drugs Ordinance, 1923, a person convicted under this ordinance could not be fined more than $2,500 or sentenced to a term of-Imprisonment exceeding twelve months. As far as the sentence on the first charge was concerned, the Magistrate was within his rights, -but as regards the second and third counts be wondered whether the appellant had to serve an addition- al term if he failed to pay the fine. The sentences on the last two charges were mentioned as con- current and counsel submitted that

His Worship. imposed fines of $200 or 2 weeks on the first de- fendant and $300 or three weeks' on the second defendant.

..T

PUT OFF

asked

On February 23, the elder giri When finally he did see the

ran away from the house and stay- accounts he

that found

the

ed with a Chinese military officer balance was very small so he

at the Tai Lo Bin boarding house asked defendant why it was sQ,

where she said Intimacy had He said that in the course of

taken place between them. ..She business he had to pay out cer-

said that she met the military tain money. When questioned officer in the surgery of the de about the Sanitary Department fendant's husband in Pottinger Items defendant said that he had

Street, and they had become" ac-

WITHOUT REASON LI Chung Po (20) a coolie ap- peared before Mr. Macfadyen at the Kowloon Magistracy yesterday on charges of (a) being or en- closed premises with intent to rob, and (b) lottering on above premises without reason.

Defendant said that he went there to pick up some firewood on charge (b) he said that in trying to reach for a plece of bamboo hej ernment slipped and fell."

His Worship discharged him on the best charge but sentenced him to one month's imprisonment.

WATERBOAT TO PAY

DIVIDEND

to give some money to the GoT-

being

quainted with each other.

She left the boarding house on Febru- ary 25 and reported at the Pa

this surveyors "squeeze money".

Complainant replied that he was not in favour of these payments Leung Kak and was then sent to the S.C.A. The little girl sald'she and in fact he did believe that i

was presented by her mother to been actually the money had

the defendant 25 ап adopted paid.

daughter, but later she said she was a "mui-tsal” The case would not have came to the notice of the B.C.A, had not the elder girl been

On further investigation, com- plainant found that the defendant had actually received other

Choo money from the

Wing Cheong Co. They had written

that the debts

of certain evidence by the Magis- trate, namely the statements made by the various defendants when they were arrested at Caroline H Road, which statements he 51 the Union Waterboat Co., Ltd., been paid in full to Tsang Foo

mitted had no evidence in support The second ground for the ap- peal was that apart from these statements, the only evidence against his client was that he was on the premises at the time of the

Do evidence: arrest, There was that he was in possession of the drugs and the fact that he was at the fat was not suficient to aus- tain a conviction.

It was agreed by the two coun-

as such his client had only to serve sels that the second charge should two years, if he did not pay the be squashed.

the

falled to pay the fine

and

of a

At the forthcoming meeting of

the Consulting Committee will recommend that 2 dividend of $0.80 per share be paid, for the year ended 31st December, 1935.

done so then it was for them to squash the conviction.

|||

No explanations had been made by the appellant throughout the case at the Magistracy. Never. contended Mr. D'Almada, was it encumbent upon the appellant to make an explanation The Crown must prove his guilt,

and said

hed

When complainant analy re- ported the matter to the police, ad was about to take action defendant asked him not to do soi The case was at this stage ad- journed.

21

ANOTHER WOMAN

FINED

Before the same Magistrate, L Ng-ghi, married woman, residing

turned away by the military officer and reported at the S.C.A. The de fendant's husband was a doctor in western medicine,

GERMANY'S OFFER TO"

CZECHOSLOVAKIA

Non-Aggression Treaty

[Special to the “Hong Kong Dally

Press Copyright).]; Fot Erague, Mar. 17,

The Czechoslovakian. Foreign

fine imposed on the first charge, Mr. D'Almada continued

at No. 122A, Queen's Road, West, Minister, referring to Germany's Mr. Prentis said that as far as stated that the admission

The whole of the Crown's evt first floor, was fined $10 for fall-ofer to form non-aggression the first two charges were concern-

document found among the Dri-dence was not conclusive of guilting to report the intended removal treaty with Czechoslovakia, sald ed he was entirely. In agreement, sqner's effects should not

have At the most it amounted to evi- from the Colony of her registered that his country would only formi but the third charge was brought been admitted as the identification dence of grave suspicion. It never "mul-teal" Chan Chuen-hai, aged treaties if they could be included in the framework of collective under a different ordinance and of this document at the Magistracy reached a point where it was 15 years.

appellant therefore had to had not been prober,

He sub-necessary for the appellant tc It was stated by Inspector Fraser security. serve an additional sentence i hemitted that the Magistrate had make an explanation. The evi that defendant's address was frat Speaking of the reoccupation of on this placed too great an importance dence reduced itself to the fact visited on February 18 by a lady the Rhineland Zone, the Foreign count

upon this document.

that the appellant was there at the inspector for the purpose of inter-Minister said that Czel.oslovakia's l Mr. Justice Lindsell suggested

Another point was that the Ma-flat where Heroin was being made viewing her "muf-taal" The lady actions wou'd be governed by her that they should leave the matter for the moment until they could Bistrate, had misdirected himself Presence there was no evidence of Inspector then received informa- loyality towards her treaty obliga

tion that the girl had been taken tibna. The members of the Little ascertain from the Superintendent and it was for their Lordships to possessioil.

decide and if they agree that Mr. Prentis had just started his to Canton on February 13 by her Entente were in constant touch of Prisons of his interpretation of the Magistrate, if he had directed submissions that the questions put employer's mother-in-law, The with France, but as they were not the sentence. This was agreed to himself properly, would not have to the appellant at the fint were girl reported back on February 25. signatories of the Locarno Fact.

WRONGFUL ADMISSION

arrived, at the conclusion that he not questions on the crime but The girl had been visited on num-they would not take any initia

was well tive did. If their Lordships agree that questions of identity, when the erous occasions and

treated.

Transsen News Servicz. the Magistrate, might not, have case was adjourned."

CABLES "SwIXONIC.

Mr. D'Almada then proceeded to deal with the wrongful admission

al

I