1936-05-22 — Page 6

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HONG KONG DAILY PRESS, FRIDAY, MAY 22, 1936.

PUBLIC SERVANTS LIABILITIES ORDINANCE

Employees Discharged On False Pretences Counts.

Judgment in the long remanded case wherein three Gov- ernment Servants of the Crown Lands Office. P.W.D., were sum- moned for obtaining money by false pretences from an Indian money-lender. Wajir Singh, was delivered yesterday at the Cen- tral Court by Mr.. W. Schofie'd."

"The whole case gives me the impression that both money- lenders and Government servants have played Into each other's hands to defeat the purpose of the Public Servants Liabilities Ordinance; the foriner to get profitable and fairly easy business, the latter to get loans on any terms they can," so said Mr. Sebo feld when be discharged the defendants,

7

on

The defendants. Lo Hok-kal,, paid only half the interest, yet Pang Wai-ming and Tse Sing-ho continued to pay full interest were represented by Mr. C. Y. an exactly similar loan and this. Kwan. the complainant. Wajir to my mind, throws doubt on the Singh. by Mr. M. A. da Silva, complainant's veracity.

Lo Hok-kai and Pang Wal-ming Another point in which this de- were summoned with having on tatl. throws grave doubt on his February 2. last year, with intent story is that he says that he is to defraud, obtained $150 from the unable to read English except the complainant by falsely pretending numerals; in that case, whom did that they, as Public servants with--he consult to And out What Tse in the meaning of the Public Ser-

Liabilities vants

Ordinance of 1917, were being paid salaries or emoluments of $250 per month.

ant by similar pretences.

THE JUDGMENT

delivering Schofield said.

|

Wrote after his salary and what becomes of his assertion that he does not divulge clients* secrets? Or does he keep .clerk who knows English?

1

.

IN FAVOUR Fourthly, it seems clear that when the defence deny that the second defendant. Pang, Wai-ming,

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ARMY OFFICER SUMMONED

Lt. C.0. Garthwaite, R. A. Mess. Gun Club Hill, the Hong Kong Interport cricketer and hockey player, was yesterday summoned before Mr. R Himsworth at the Kowloon Magistracy, for allowing a black mongrel dog to be abroad without a muzzle on May 6, at Chatham Road near the Children's Playground.

Sergeant Dewar of the Water Police Station, prosecuted.

Lt. Garhwalte was not present In court when the summons was called. Inspector Stimson said that another summons had been taken out against the defendant for not having a licence for the animal. Some trouble had been experienced by the police in ascertaining this fact.

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Around the Courts

HE LIKES HONG KONG Charged with a breach of the passport ordinance, Abdul Aziz, 25. appeared before Mr. Burgess at the Central "Court yesterday and was ned $10 and an order for expulsion was made. re-

The Court Sergeant said that the latter summons was scheduled for May 26. and therefore might have caused some misunderstanding.

Mr. Elsworth intimated that he had received a telephone message from Lt. Garthwaite requesting the iwo summons to be heard together.

The case was accordingly manded till May 26, at 11 a.m., when the

two summons. will be heard together.

a

Det-Sergt. Russell said that the defendant "possessed

passport from Singapore to Canton, passing through Hong Kong. He returned to Hong Kong on March 28 and was then warned to leave which warning he heeded and left for Canton again. He returned once again yestreday and when arrested said that he had come back to look for work.

Tse Sing-ho was dummoned on a strallar charge for having obtained $50 on March 4. last year by simi- lar pretence. Lo Hok-kal and Tse Sing-ho were summoned with obtaining $50 from the complain-asked for a loan along with the to be taken into consideration. other two and that he paid inter-There is, further, no reason to est each month en it to the com-

thing that any one of the defend- plainant, the possibilities are in ants was more gulity in this res- their favour, in view of the, ad-pect than the others. mitted fact that Pang was work- As to whether the complainant judgment Mr.ing in the Assessor's Office at the made the defendants write down The application was granted.

General Post Office from Septem-salaries in excess of the truth, the

BANISHEES The three summonses now being ber to April. Even if we admit evidence is absolutely conflicting

Ching Chi, 40. 1 returned tried are identically trained: the for the sake of argument that he and I regret to say I can attach banishee; admitting to four pre- same points arise under each and was with the others on January very little weight to the evidence vious convictions two of which only the "defendants' names, the 25. 1935, it seems odd that he was of the defendants and their wit-were for larceny, was sentenced to amounts of their loans and the at the foot of Battery Path to pay nesses, who have done their utmost one year by Mr. W. Schofield at dates differ. Further, both com-interest on March 2, 1935, and on

to blacken the complainant's cha- the Central Court yesterday. plainant and defendants agree on April 2, 1935, was in Lower Albertracter as a money-lender.

Defendant was banished for 10 the bare framework of the facts. Road.

The whole case gives me the tm- years on October 9, last year. the obtaining of the money, the Fifthly the complainant made pression that both money-lenders Chan On, 18, unemployed charged signing of the notes, the writing one statement which was proved to and Government

have before Mr. Burgess at the Central down in every case of a false be incorrect: he declared that Fong played into each other's hands to Court yesterday with returning salary, the payment of interest Yau-leung, of the PWD. had not

defeat the purpose of the Public from banishment. was sentenced monthly and the final failure to borrowed money from him.

At Servants Liabilities Ordinance; to four months' hard labour. He pay and the subsequent Supreme the next hearing he him- the former, to get profitable and was banished for 10 years on May Court proceedings which led to sell produced a promissory fairly safe business, the latter to 8, 1938. these prosecutions. But in almost note, signed jointly by Fong Yau- get loans on any terms they can. all the details there are irrecon- leung and Fong Shau-ting. If this If the former neglect to make the STOLE WHILE WALKING cilable conflicts of evidence which to explained as simply a lapse of enquiries which they are perfectly Charged with the larceny of a prove that one side, if not both, memory, how many others are able to do in the Civil Service push chair from No. 149, Des Voeux have been lying to the Court; ao concealed under equally positive List, they will simply lose their Road Central, the property of Suen that the only safe method of con- statements.

money: and in this case! noart Tim, a shop foki, Leung Hing, 28, sidering the case is to deal only

from the defendants' evidence. unemployed appeared before Mr. with confirmed or agreed evidence.

there is in my opinion sufficient Burgess at the Central Court yes- doubt whether complainant

terday and was sentenced to one month. deceived to make it undesirable to convict the defendants. They are

(second

Sixthly, the defendants say they knew nothing of the Publie Ser- vants' Liabilities Ordinance till. Mr. THE LOANS

Kwan advised them to plead it in Firstly, it appears that though their defence. Mr. Kwan confirms Pang Wai-ming

defend- that he did so advise them and the discharged. aut) has never contracted any fact that the first defendant re- other loan from money-lenders paid the loan to Amrit Singh only than that of $150 jointly with Lo seven days before he pleaded this Hok-kat (rst defendant). the Ordinance tends to confirm their other two Lo Hok-kal and Tse

statement. though not suffelently defendant) have to put it beyond doubt. Sing-ho (third borrowed from other money-lend- ers beside the complainant: one as Amrit Singh, from whom the first defendant, borrowed minal amount of $300. actually $150, repaying the full sum only seven days before he refused to pay the same amount to the com-

ก no-

THE POINT TO DECIDE The point I have to decide is. did the defendants in making their false statements either deceive or intend to deceive the complain- ant so as to induce him to lend them money? They say no; com- plainant. Tse Sing-ho is still pay-plainants says yes, and if they ing Instalments on one loan, and had not written their salaries as on September 21, 1935, admitted over $200 he would not have lent liability on another ican made by reason, namely, that he was well them the money; and he gives his the complainant to him jointly aware of the Public Servants' La- with Leung Yun-cheung.

Secondly, it is clear that all the bilities Ordinance. But his state- defendants have salaries of less ments in cross-examination, in my than $200 a month thus making the opinion, throw doubt on his asser- Icans to them irrecoverable ander He says he has lent money to tion that he was really deceived,

the Public Servants' Liabilities Ordinance.

The same is true of many public servants, mostly in the witness, Fong Bau-ting.

the PWD He enquires as to the Thirdly.

borrower's salary from the bor- the defendants were sued in the Supreme

rower only and rests his trust in Court оп anly two of the three notes they his written statement in the pro- the borrower's word entirely on

gave to complainant. The third.

missory note. He also says a Gov-

the note for $100 drawn by Tse alone was not the subject of a ernment servant would not

THE INTENTION

le

This

gen-

#rit and the reason for this is one about his salary: but why not, if

ho needs

money badly? of the many points where the

statement in Itself throws some evidence conflicts.

Tse

said he paid only ave doubt on the complainant's ignor- months interest, on it from Feb-ance of the existence of the Civi ruary to June, 1935, inclusive.: the Service List. His evidence complainant said he paid Interest erally gave me the impression that he cared little whether a statement unti September. As no receipta

EQ are given for interest, neither of salary was correct. or not

long as it was written on the party can prove his case; but in

note. one important respect this note differs from all-others that have been produced in this case: it Did the defendants intend to bears evidence on its face that it deceive the complainant? This their is the work public servant, can only be judged from This would be noticed by the later conduct: they certainly had Judge if Tsc were sued and his originally no intention of borrow- salary could at once be ascertaining and then repudiating, or Amrit ed, in which case the complainant Singh would have lost his money would instantly loss his action. as well as the complainants. It is Here, then, is a possible expiana- (true that the mere intention to tion of why Tse was not sued on repay is not enough to plead in . if his evidence as to payment defence to the charge; but when of interest is correct: and "it cer- accompanied by a payment of in- tainly is most remarkable that terest and by full repayment of 3. according to the complainant he precisely similar loan. I consider defaulted on a lean in which he that it is sufficiently demonstrated

servants

Was

Sub-Inspector Mist prosecuted.

Sub-Inspector Mist said that the defendant was seen by a district

INSTANTANEOUS

watchman to walk past the shop and pick up the car from outside. It was valued at $4.50.

STOLE CLOTHING Detected and arrested in the act of stealing, Chan Kal-man, 20. ap- peared before Mr. W. Schofeld at the Central Court yesterday charged with the larceny of one cotton suit and one towel the pro- perty of Man Hing, a house boy. off the roof of No. 11. Seen Keen Terrace on May 20.

Acting Sub-Inspector Madgewick said that defendant was seen by Mr. M. Fincott of No. 1. Eastern Terrace who raised the alarm. The defendant was caught with the clothes in a basket.

Defendant was sentenced to six weeks.

יוי

BOAT CONFISCATED Application" was made before Mr. Burgess at the Central Court yes- terday by R. O. Grimmitt for the confiscation of a sampan from which 900 taels of opium had been thrown overboard and then aban- doned. Nobody had come to claim the boat.

LARCENY FROM A PERSON

Li On, 18, unemployed was sen- tenced to three months for larceny from the person of Slu Kiu, 21, shoemaker, of the sum of $1.00. When he appeared before Mr. Burgess at the Central Court yes- terday.

Sub-Inspector Mist said that the complainant was watching an ac- cident which had occurred at the junction of Hlyer and Wing Lok Streets when he felt a hand in his pocket. A district watchman standing near also saw the tncident and arrested the defendant.

SUCCESS

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