1936-04-09 — Page 6

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APPEAL FAILS

But Sentence Is Reduced

Although unsuccessful in his ap- peal against his conviction, Lt So, alias Li Tat-shing had his sentence reduced by the Full Court yester- day.

MORE WATER CHILD ENTICED

CONSUMED

Union Waterboat Co., Reports Higher Earnings

The Thirty First Ordinary Gen- The appeal was heard by Mr.eral Meeting of the Shareholders Lindsell and Mr. of the Union Waterboat Company Justice R, E. Justice J. J. Hayden.

was held yesterday at the offices of Messrs. Dodwell and Co., in the Hong Kong Bank Building.

Mr. Lec d'Almada, nr., Instruct ed by Mr. F. H. Loseby, appeared for the appellant; and Mr. J. B. Prentis. Assistant Crown, Solicitor, was for the Crown.

The appellant was convicted. with three others. by Mr. Schofield at the Central Magistracy on three charges of possession of 35,000 heroin pills; possession of 64 ounces of codeine phosphate and and of strychnine; 13 ounces possession of 17 ounces 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 ur one year concurrent on the second; and $2,000 or one year concurrent on the third

GROUNDS OF APPEAL The grounds for the appeal were

Mr. S. H. Dodwell took the chair and was supported by the follow- ing gentlemen of the Consulting Commitee. Messrs. M. T. Johnsen, K. Watanabe, I. W. Shewan and The A. C. I. Bowker (Secretary). shareholders present were, Messrs. J. S. Howell, W. Wright and M. A. Johnson.

well.

AWAY

"Professional" Justh.

Punished

Around the Courts

BARBER'S LAPSE

An employee of" a barber shop was charged before Mr. Q. A. A. Macfadyen at the Kowloon Magis- tracy yesterday with the theft of Eight months' hard labour was three pairs of scissors, one half- imposed by Mr. Balfour st the cutting machine, two razors and a Central Magistracy yesterday on hairbrush from Cheung Chung. Yeung Li, a 51 year old unemploy-owner of the Kum Wah Barber ed, who was described as a "pro- shop, No. 138 Lai Ch. Kok Road, fessional," when he was convicted on April 4. on a charge of taking part in the transaction concerning boy, Hul So Ha, aged six, for a valuable consideration

"ነ

Detective Inspector K. W. An- drew, of the Secretariat for Chin- ese Affairs, stated that defendant lived in Canton and was unem-

ployed. On April 5 the defendant was noticed by the compradore of the river steamer Sui Tal to have The meeting was called for the four boys, the eldest aged 14, two aged 12 and the youngest aged six presentation of the Annual Re port, which report was delivered years, in his company. A wireless by the Chairman, Mr. S. H. Dod-message was sent to the Hong

The favourable' appearance Kong police who detained the de of the balance sheet called for pfendant and the boys on arrival here. Hul So-ha, the youngest of the four lads, was handed over to the eldest boy's father who in turn handed him over to the defendant who paid $1.50 Canton currency. the transaction commencing in Chinese territory and continuing until arrival in Hong Kong. Hu So-ha was to be sold for $100. to a woman in Aberdeen, but she

comment and the report was un. animously adopted.

THE REPORT

. In delivering the report Mr. Dodwell said. Gentlemen: The re

A

(1) the wrongful admission of evi-port and accounts having been in dence by the Magistrate; (2) the your hands för the prescribed Crown had not proved its case or period, I will. with your permission the verdict was not supported by take them as read. the evidence; (3) the Magistrate misdirected himself on facts and in law and (4) the Magistrate as- sumed jurisdiction beyond that this has resulted in a small in

granted him.

Total sales of water amounted to 530,156 tons, an increase of 891 tons over the previous year, and

crease of approximately $500 in the figure for Water sales in the Working Account.

The Crown's submissions were that there was sufficient evidence to warrant conviction as the ap- Sales from the" Kowloon Wharr pellant was found on the premises mains are down some $6.000 but In which a heroin pill factory was general sales are up correspond- In full blast. A paper was also inly and this was due to the found in the possession of ap-water restrictions in force during pellant upon which was written the year. Various supplies which or in the ordinary course of events two ingredients which could might be used for the manufacture would have been made from the of heroin pills.

93).

Wharf lines had to be supplied by At the previous hearing. the boats drawing their supplies from Court decided, with the agreement | Latch:kok, of both parties, that the convic- tion on the second charge should be quashed for the reason that the subject matter of it was one and the same offence as the count

frst

EXPENSES MORE THAN OFFSET

of the

could not be traced.

Inspector Andrew added that the eldest boy was a decoy and work-

ed in collusion with the defendant who was a go-between. The de- fendant was to receive ten per cent, commission if the sale took Place "We say he is a profession- al; he has no Hong Kong record,"

remarked,

11

NOT RESPONSIBLE

Landlords Hell not Guilty

A summons against Messrs. Lal Koon Chun and Li Tsé Fong, of No. 81 Wing Lok Street, the land-

ground floor was dismissed by the Kowloon Magistrate, Mr. Q. A. A Macfadyen yesterday, when the

two" defendants appeared on re-

to summonses mand in answer which alleged that they had failed to comply with a Pol ce Magis-

1936, to cease allowing the use of the premises as a brothel.

Sub-Inspector T. Collins appear- ed for the prosecution, and Mr W. A. Mackinlay represented the accused,

Analysing the Running expenses, which, are down some HK$600, we And that Wages. Upkeep and Coalierds of No. 123 Woosung Street, are up HK$2,500, which is due to the recommissioning of No. SENTENCE VARIED

Waterboat. This increase. how

than offset by a Giving judgment, Mr. Justice ever, is more Lindsell said: "I find that the reduction" in the Fue! Oll and In. conviction on charge B must be surance charges. The price of the the quashed, "for reasons which have former, was reduced during been agreed by both parties. Aa year and the lower agure for in-trate's order dated February 25, regards the appeal against convic-surance is due to the reduction of tion on charges A and C, I ain cover on the revaluation satisfied that the Magistrate's de- fleet as at 31st December 1934. elaion must be upheld. I agree The net result is a small - that the statements by the persons crease of HKS650 in the profit or arrested at the same time as the Working Account carepared appellant are not evidence against with the previous year.

Magistrate said that he d'd so on him...

The balance of Proft BzTM Lase

the grounds that there was no The Magistrate's judgment shows Account shows an increase of

proof that the house was discon- disregarded HK$$50. The overdraft was wiped tinued, which was meant that he must bave these

out when the Union Insurance 80-section 14 of the ordinance. things except, possibly, in assessing the penalty he imposed. ciety of Canton shares were dis fact all the evidence offered went Contra, to my mind, the whole ac- posed of in 1934 and consequently to prove that the premises were cumulative effect of the evidence we now have a credit of HK$50 in

used continuously. At the present and the whole circumstances of or Interest Account in place of the

1 seemed to him that the wording connected with the appellant's į debit of HK$740 last year. This. of the ordinance was rather un- arrest are such as to be totally however, is offset by the reduc- inconsistent with his innocence of tion of HK$800 odd in the income the offence. This conviction from investments. therefore stands,

"As regards the sentences im- posed as a result of this conviction," I feel that the Magistrate had no right to differentiate between the appeilant and the other persons convicted at the same time.

35

In dismissing the summons the

INDIANS DISAGREE

Hazer Khan and Kushi Mo- hamed, both watchmen employed at the Yokohama Specte Bank, were involved in a fight at two o'clock on Tuesday morning which resulted in Khan appearing before Mr. Balfour at the Central Magis- tracy. charged with assault, Both were bound over. Sub-Inspector Johnson stated that apparently the defendant took over duty from complainant late and they had a fight. Mohamed's hand was cut by a pen knife and he received

Inspector Ellis said that the accused, Kwan Chan (20) was found to be missing from the shop together with the items forming the charge against him. The com-hospital treatment. plainant sent out some fokls to

look for the accused, who was Inter located in Hong Kong. Sen-

BANISHEES

of

Appearing on remand before Mr. W. Schofield,

Central at the tence of three weeks' imprison-

Magistracy yesterday, Wu Tai-mul, ment was imposed.

aged 47 years, married woman, OPIUM CARRIER

twelve months' was sentenced to A fine of $30 or... in

Я charge default | nard labour on three weeks' imprisonment was

having returned from banishment. LI Mul (28) widow. Defendant was a lite banshee. imposed on who appeared before Mry Q. A. A. she had a previous conviction for, Macfadyen at the Kowloon Maga-harbouring a girl, and for having of returned from banishment twice tracy, charged with possession

before. Chan Shing, unemployed. raw optum in Temple Street, near Hing Fo Street.

April 6. aged 51 years, was also charged Inspector Shannon said that the with having returned from banish- woman was pointed out

anment, and was sentenced to nine months' hard labour. He was oplum carrier,

banished for ten years in January

03

4

LARCENY BY BAILEE

119

on March 4,

OPTION GRANTED

A case of larceny by ballee was las heard by Mr. Q. A. A. Macfadyen

At the Central Magistracy, be- the Kowloon Magstrate yesterday. when Law Chi Wan, a 28-year-old fore Mr. Schofield. yesterday; Mr. unemployed was charged with the FL Zimmern made a successful theft of a Singer Sewing Machine application for the option of a fine to be imposed on Wu Son, lorry driver, who was sentenced to three the property of Chan Mo Kong, a 35-year-old tallor The prosecuting officer said that months' hard labour last week on the defendant hired the machine a charge of disorderly behaviour from, the complainant at $2.00 by fighting in Main Street, Shau- two months" Liwan The Magistracy imposed à Later 'the com-

Ane of $25, in default, a month's month, and paid instalments.

hard labour, and bound defendant plainant found out that the de-

over in a personal bond of $50 to fendant had moved away and had given the machine as security to keep the peqee for six months. £1 woman from whom he had borrowed. 820. The accused was

4

NIGHT WORK

The Manager of the Wing Tung" bound over in a personal bond of; Torch Company. 72-78 Lockhart 250 to come up for judgment in a Road, Wanchat, was summoned for year.

1!

UNKNOWN TO HIM On arrival of the s.a. Tal Lee from Kongmoon on Monday night. Chan Muk, 42, unemployed, was arrested in possession of 529 coun- terfeit Hong Kong ten cents of the 1935 issue.

י

allowing women to be employed in en indüstrial underlaking between the hours of 9 p.m. and 7 sim, on March, 29. by Mr. W. Ellott, Inspector of Labour and Factories, before Mr. W. Schofield, at the Central Magistracy yesterday. Не was formally Mr. Schofield imposed a fine of

$50 on defendant. charged before Mr. Bailour in the Central Magistracy yesterday and, The Manager.. of the Far East 382-384 Des on the application of Detective | Sweets Companą, Sub-Inspector Flattery, was re- Voeux Road, West, appeared on a manded cne week. The case is for similar summons, and was fined

$50.

committal. The defendant, who was charged with importing the coins, stated he did not know whether they were bad or good. NO PROOF

remand.

on

Inspector Ellott said an inspec-

at 10.10 p.m. tion was made

over hundred March 29 and women were found working there. FIGHT BETWEEN COOLIES Two Chinese charged with the possession of eight and 17 counter- After they had delivered goods felt coins respectively at No. 10 at the Japanese Consul's residence, Peel Street, ground floor, were Conduit Road, four coolies employ- d'scharged by Mr. Keen at the ed by. Lane, Crawford, Ltd., were Kowloon Magistracy."yesterday.seriously attacked by three Chinese Two of where they appeared before him on armed with ash plants. under

the injured men rece.red treatment The assailants, at the G. C. H Tam Ki-pat, 20, Tam Yan, 20, and Tam Lal, 18, were brought before Mr. Belfour at the Central Police Tam Kl-pat Court yesterday. pleaded guilty and was bound over and ordered to pay 82 compensa- tion. Both pleaded that they were un-

The other defendants were Eware the coins were counterfeit discharged" Sergt. T. R. Hunter, They were discharged owing to lof Upper Levels Police Station."

prosecuted. insufficiency of evidence.

In

fortunate. The landlord should be held responsible, but that

the summons be dismissed.

'It will be recalled that Mr. submitted at the Mackinlay. various hearing that there was no evidence that the people found. were tenants of the house and

EIGHTY-CENTS DIVIDEND After allowing for depreciation on Waterboats and Launch and on the suggestion of our Auditors Writing of the small balance on the Investment Fluctuation A- had a night to be there. The ac-

It does not seem to me that the count, the nett profit for the year cused were merely trustees of personal appearance of the appel-amounts to $42,450.33 as against certain properties and could not lant alone would have been suf- $41,504.19 for the year 1934, Add-be held responsible for trespassers. cient to entitle the Magistrate tog to the nett profit the sum of It was the people who drew the draw the conclusion that he was $3,333.43 carried forward from last money who should be got at, the master or owner of the heroin account there remains for appro- pill factory conducted on the pre priation the sum of HK$45.773.76, mises. He must, I think, at the with which it is proposed to deal moment when he assessed the as follows:-

to Special penalty, have given some weight to Transfer

: Repairs Fund the statements incriminating the

to Staf appellant given by the other de- Transfer

Leave

Contin- fendants at the time of the ar-

gency Account ....... rest,

to Invest- Transfer

ment Fluctation Ac- count

I therefore consider that the sentences imposed by the Magis- trate on charges A and B should

D dividend of be varied and conformed with Pay those imposed on the other prison- centa. 80 on 33,813

sentence

ahares ers, namely, the charge. A will be reduced to $2,500 Carry forward to next

account or six months' hard labour and the sentence on charge C will be $1,000 or six months' hard labour, consecutive.

Mr. Justice Hayden concurred.

on

When the case was remanded this occasion, the Magistrate remarked that the ordinance men- tioned nothing about tenants, but the point was obviously go'ng to effect a large number of cases and had therefore thorough'n.

a

The prosecution stated that they found the coins hidden in e. quilt first accused Yip belong to the Kwal, whilst the other coins were found in a pocket of a jacket be- second accused, onging to the Chan Yee, a woman.

ILLEGAL LIQUOR

Four Chinese Charged

gained admittance from the root and opened the door for the rest of the raiding party. On the floor, at the time, the first accused was found The still was working.

About a quarter of an hour later the three other accused made their appearance. They were all search- ed and on the second accused was found two keys which belonged Four Chinese, one of whom was to the padlock of one of the doors. woman, appeared before the A book was also found on him re- of sugar, Kowloon Magistrate yesterday on lating to purchases HIS$8,000.00

to be considered remanded charges relating to molasses, fire wood etc. Molasses"

possession of a distillery at No. were being used in the fermenting 253 Kee Lung Street. Revenue, materials. On the second defend- Officer O'Neill prosecuted. The ant's person was also found a re- case was remanded for 24 hours, ceipt for a bill relating to pur- pending further enquiries.

chases made.

2,000.00

2,000.00

HE BEGAN AS A SHIP'S BOY

31.05047 The German Who Ended As

A Chinese Admiral 2.723.35

HK$49,773.78

Berlin March 23.

R. O, O'Neill said that he would call a rent collector who would identify the second defendant as the principal tenant.

Kony Pak Blu, rent collector de- posed that rent had been received by his fokis from a man named Lam Chun, Wan, since March 7. Although witness himself had not actually received the rent from the accused, he identified him as the person who had pald money to his fois.

The accused are Cheung Luk (89) widow, Tsang Tat Tung (20) unemployed, Lee Chik Ting (19) 'taffor, and Miu Kat (23) unem-

The third accused was discharg ployed. Four charges were laid against all the accused which in-ed "because of insufficiency of cluded running a distillery with evidence. out a licence, possession of fer- Erast Kretzschmar entered thementing material, and possession The Beet has been maintained Imperial German Navy as a ship's of dutiable spirits, in a high state of efficiency and boy. He rose to be an officer. In answer to the charges, first the depreciation written off WaThen with the permission of the second and third defendants all terboats and Launch is in accor- German Government he entered pleaded not guilty" while the dance with the schedule laid down the Chinese Navy. three years ago and is adequate.

The present market valtie of our Investments is just over HK$100,- 7.30 am-Litany, and Ante-Com-000 as against the Balance sheet

figure of HK$99,644,75,

I do not think there, is whything 10.00 am-Chitc

Service 11-2pm-Three, Hours, Bervice further calling for comment and

of The Passion.

I beg to propose the adoption of by Mr. M. A. Johnson and was un- 5.03 pm Evensong

the Report, and Accounts as pre-animously carried, 9.00 p.m.The Garden";

sented. The adoption of the Re-

ST. JOHN'S CATHEDRAL

3

Good Friday, April 10 7.15 am-Mattina

munion

A Passion Play.

He, ended, his career at sea as ces B. Chinese, admira!.

Now he has died in Germany ar { the age of 31.

There being no further business, port and Accounts was seconded the meeting was declared closed,

fourth accused admitted all offen-

STILL FOUND WORKING Revenue Omcer O'neil said that the case was remanded as the last month a raid was carried out Magistrate said that the ev on the premises in question by dence ofered was not satis R. Major, and a party of revenue factory since ofacets. There were two doors to last the premises one of which was any secured on the outside by a pad the second accused. The for lock and the other was bolted on whom payment had been mad

A Chinese officer had to be called to give evidence. the inside.

apparently

the witness had not done direct negotiations

H

11