1936-05-28 — Page 10

10

HONG KONG

MUI TSAI BILL IS OPPOSED

and another, so also there are great differences between one offender and 'another, and 30- ciety has come more and more to recognize that It owes a duty not only to the common secur- ity but also to the individual offender himself. Bociety, after all, consists not of classes out of individuals, and it is the first and most elementary task in any adjudication to wry, an in- dividual case upon its merits....

Nothing, it goes without saying. Is more injurius to the public interest than the manufacture. of criminals. What A not so generally recognized is, that there are few more effectual ways of manufacturing crimin- al than to send young offen- ders unnecessarily to prison...

Grave Indeed is the respon- sibility of those who, otherwise than in a case of clear nepes- sity, send any youth or giri, or indeed any man or woman, to` prison for the first time."

UNWARRANTED

(Continued from Page 7)

probation has nothing to say to cases which are not in them.. selves insignificant. But this view ignores the plain terms of the Statue. The trival nature of the offence" is only one among many of the alter- native "grounds to which the Court is empowered to have regard."

ACTUAL LAW Parenthetically I do desire to remark that this impression, which the Lord Chief Justice criticises, ap- "pears to be actually the law of, Hong Kong. As far as I know the only power conferred on our Ma- gistrates Ordinance 1932, which in

terms limits such powers to a case In which the offence was in the particular case of so trifling a na- ture that it is Inexpedient to inflict any punishment, or any other than a nominal punishment." Under Section 30, no consideration can be given to the defendant himself, his character or his antecedents.

3. In 1923 rather more than 603,000 persons were tried 12 the Courts to which the Statute applies. Of this number. some 12,600 persons were placed on probation that is to say about 2 per cent."

Pausing here may enquire whe Pausing here, I do respectfully

ther any statistics have been com- desire to emphasise and underline

plled, showing the number of per- of the the concluding sentence

sons who have been placed on pro- paragraph above set out. Time and again one sees in the local Papers ballon in Hong Kong during any I hope that I may be en- the case of a man or woman, with- year? out any criminal record and, in furely wrong, but my own regret- table Impression is that the per- deed, hitherto a harmless and law

centage is not 2 per cent, but abiding citizen, being sentenced to a short term of imprisonment for something like .002 per cent! a relatively trivial offence.

the After polating out that celminal law of England already permite, and therefore encourages, certain alternatives in particular cases, the Lord Chiet Justice pro-

of

been

JUVENILE COURTS

LL

which is being done locally by our

DAILY PRESS. THURSDAY, MAY 28, 1936.

ozenders on probation. As regards the quoted sentence by the Secre tary of State, I have described it as being somewhat cryptic. He may have meant that he had found too many cases of prosecutions" under Section 6 (which "al- ready confers powers of punish ment), in which fines only were Imposed, and accordingly express- ed a wish that magistrates would more frequently exercise their po- wer of imposing a prison sentence. On the other hand, he may have meant what the Honourable the Attorney General evidently took him to mean, namely, that the law should be altered so as to allow uf sentence of the imposition of, a imprisonment for other offences. x} feel that we really do not know what the Secretary of State had in mind when he expressed himself as quoted. But in any case 1.desire most respectfully to add this, that if the Secretary of State advocates imprisonment merely as a general polley and by way of deterrent, then he has apparently ignored all consideration of this other relevant above mentioned circumstances from the point of view of the arst offender. As far 39 I know: HO magistrate in Hong Kong, in the course of the hearing of a case be- fore him. has ever expressed the view that imposition of Ones for offences other than against Sec- tion 6 is adequate.

Now, what are the other "pro- visions" in respect of which it is now proposed to make the impost-. tion of a prison sentence possible?

THE SUMMARY

ནསྟོངས ་ ས་*

So far as the Ordinance is con- cerned they may be summarised as follows:-

Sec. 4. Taking into employment a

mui tsal.

Bringing into the Colony a previously mui tsa! not here and not registered,

female

kind and careful Chief Magistrale) Sec. 5. Taking into employmen: a of the Industrial School and of the Reformatory School, and conclud- ed as follows:-

$

"These are good works. May they increase and succeed more and more. They make it plain that this country, at any rate, is rich in means, if they are faithfully employed, for help- ing those who have made" a lapse and for forming or re- trieving a character able to re- sist temptation and to avoid crime.

are

*

Let us beware of any voices of indolence or of cynic- ism that might belittle these efforts or hamper their further development. Above all let us put aside the heresy that in some cases it may be right to consult the interests of the of- render, while in other cases it La necessary to consult the in- terests of the public. Upon any fair analysis, those interests found to coincide. E State may sometimes be com- pelled to be stern. It must put be cruel. It cannot afford to be indifferent. By all meaäs let us keep alive the feeling of ter- ror in the contemplation of serious crime and its pumis:- ment. But let us at the same time endeavour. to resist the beginnings; let us not forge that more than half of the un- charitable Judgments in the world are due to lack of in- agination; and let us remain unalterably convinced that magnanimity owes to prudenice no account of her motives." My humble opinion is that the administration of the Criminal

domestic servant aged under ten years.

otherwise than on

the

death of an employer.

TENNIS

Slight Rain Does Not Deter Programme

IF

C.B.A. SWAMPED

tennis programme The lawn down for decision, the full results played yesterday saw Ave games befng as follows:

"B" Division.

C.R.C. "B" lost to K.C.C. O.C.C. beat I.R.C.

C. de R. beat C.B.A. HX.C.C. lost to CR.C. "A". C.SC.C, beat H.K.U.

"C" Division Kowloon Tong lost to C. de R.

K.C.C.'S EASY WIN At Causeway Bay, the Chinese Recreation Club "B" team lost to Kowloon Cricket Club by seven sets to two:

L.

Full scores:

יז

F. Hon and C. N. Tsang

(C.R.C.):

lost to 8. A Gray and A. W.

5-7 Crawford lost to A. W. Ramsay and G.

C. Burnett beat N. A. E. Mackay and L

Jack.........

6-4

1-8

W. K. Cheung and H. R. Chang

(O.RO):

lost to Gray and Crawford... 3-8 lost to Ramsay and Burnett 1-5 lost to Mackay and Jack

F. K. Lau P. F. Wong and

(C.R.C.):

3-6

lost to Gray and Burnett...... 2-5 lost to Ramsay and Burnett 4-5 beat Mackay and Jack

LR.C. BEATEN

6-0

the

At the Valley yesterday, Craigengower Cricket Club beat the Indian Recreation Club by 7 sets to 2 in their "B" Division League lawn tennis encounter.

Scores were:-

w. Leonard and chiuma (C.C.C.): beat F. D. Pereira and Y. ei

Arculil

Y. Ha-

6-1

beat M. R. Abbas and M. el

Arculi

6-1

beat S. A. R. Bux and A R

Kitchell

6-0

(C.C.C.);

lost to Pereira and Arcuill

Sec. 9. (1) Transferring a mu tsal G. "Lal and W. J. Howard

(2) Falling to report on be- coming actual employer or à lui tsal on death of an employer.

Sec. 13. Having custody of an unre-

gistered mul teal.

Sec. 14. Having in employment an

unregistered 'mul tsal."

Sec. 15. Having in employment a

female domestic servant aged under 10 years.

So far as the Regulations are concerned they may be summarised. "as followings:

Reg. 5. Fallure to report death, disappearance or intended removal from the Colony or intended marriage of a

tsal or mul

10 report change of address of the mui tsai or her employer. Reg. 8. Fallure to produce mui tsai when required by S. C. A. Reg. 11. Failure to comply with the the reasonable require- ments of the Inspector. "PRISON TERM UNNECESSARY With great respect I submit that offences against the above provi- sions are all of a quasi-criminal pa- ture only, and that it is not neces- sary to impose a prison sentence.

The Lord Chief Justice then pro- ceeded to touch upon the work of juvenile Courts (and here I de- stre, if I may. to express my bum-Sec. 44. ceeds to deal with the powers con-bie admiration for the fire work ferred by the Probation Act, 1907

frat section The

manifestly 1907 the -Act invites that discrimination to

has which reference made. It provides that where any person is charged before a Court of summary jurisdic- tion with an offence punishable by that Court, and the Court thinks that the charge is proved, but is of opinion that, having regard to the. character, ante- cedents, age, health or mental condition of the person charg- "ed, or to the trivial nature of the offence, or to the extenuat- ing circumstances under which the offence was committed, it is inexpedient to inflict any punishment or any other than a nominal punishment, on that it is expendient to release the offender on probation, the Court may, without proceeding 10 conviction, make an order elther (1) disking the infor mation or charge, or (2) dis- Charging the offender condi- tionally on his entering into a recognizance, with or without sureties, to be good behaviour and to appear for conviction and sentence wheri called on at any time during auch period, not exceeding three years, as may be specified in the order. Now these are very remarkable and far-reaching powers, and the next subsection proceeds to confer them, with such minor changes as are necessary, upon Courts before whom any person has been convicted on indict- ment of any offence punishable with impronment. It may be doubted whether the full meaning of this provision has been-universally, or even usual- ly, appreciated and turned to account. Wide indeed is the range of the several and alter- native matters which the leg- islature has deliberately invited the Court to consider for the purposes of the Act with re- gard to the defendant himself, (1) his character, (2) his ante- cedents, (9) his age, (4) his pealth, or (5) his mental con- dition; or, with regard to the dience charged, the question wether it was or was not really of a trivial nature: or finally, any extenuation to be found in the circumstances in which the onence 'was committed." After dealing with probationers and their duties one Lord Chief Justice proceeds as follows:-

But it may be convénient to state quite shortly certain pro- positions which seem to be rea- sonably clear, with reference to the actual working of the sya- tem of probation:

2. There is evidently in some quarters an impression that

lost to Abbas and Arculli ...... beat Bux and Kitchell... R. Choa and F. R. Zimmern

(C.C.C.):

beat Pereira and Arcyll! beat Abbas and Arcul beat Bux and Kitchell

1-6

FURTHER PROGRESS MADE

In 'Lawn Bowls Championship

YESTERDAY'S RESULTS

:

Further matches were played off. yesterday in the Open Pairs Lawn Bowls Championship and which resulted in several close finishes. "The Omur brothers. A. 'M, and U. A had a comparatively easy task against E. J. Edwards and

ΩΣ B. E. Maughan the Bectric green und ran out easy winners by 35

shots to Y after only 19 heads. At this stage it, com- menced to rain, and with the fall.ng light making visibilitý poor the losers sporting.y gave up the challenge.

L.R.C. PAIR LOSE In the continued game between M. Y. Adal and' AIR Dallah against H. E. Strange and R. R. Wood which was continued on" the 20th head with the score at 17 shots all, the latter pair won by 20 shots to 18. On the 28th head the Indian pair added one shot to their tally and on" the final count for Strange and "Wood came n their share of play and scored three shots to put the game on icc.

A REVERSE FOR THE INDIANS

The pos.poned game between S. M. Rumjahn" and A. M. Wahab against R. G. Craig and E. C Fincher was played off yesterday on the C.C.C. Green and resulted in a close win for the Indian patr by 21 shows to 19.

ANOTHER CLOSE TUSSLE Playing on the Indian Recrea- tion Club green W. Wel and T. Grimes beat E. F. Stoneham and M. J. Henderson by the score of 20 shots to 18. A four on the last head by the lasers was of no

their avail,

opponents already being six shots in the lead on the 20th head.

11

UNFINISHED GAME

F. Cheesman and J. G. Jill met W. A. Walker and H H Rose at Dock Recreat.on 4-6 the Kowloon 8-2 Club ses

yesterday and were led by the latter pair on the 13th head by 11 shots in the Open Palis urnament of the HK Lawn Bowls Association, when darkness prevented further play. The score actually in favour of Walker and Rose was 13 shots to four when play terminated - The game will be resumed from point.

6-3

8-3 6-2

EASY WIN FOR RECREIO At King's Park, the Club de Recreio "B" side defeated the Cen- tral British Asociation by 8 sets to one:

Full scores:

J. J. Remedios and A. E. Xavier

(Recreio):

beat 3. M. Wilson and B. 1.

Bickford

7-5

beat. R. Blythe and

Whitley

N.

6-3

beat D. Smith and G. P. Fer-

guson

7-5

W. A. Reed and A. A. Remedios

(Recreio);

L.

рад

beat Wilson arid Bickford... 6-2 6-4 beat Blythe and Whitley lost to Smith and Ferguson ..5-7

A. Carvalho and MA Oliveira (Recreio):

beat Wilson and Bickford ... 6-3 beat Blythe and Whitley 6-1 beat Smith and Ferguson... 8-1

UNIVERSITY TROUNCED

At Happy Valley yesterday the Civil Service Cricket Club beat the Hong Kong University Tennis Club by 31 sets to a set in their "B" Division lawn tennis League fix-

I feel sure Your Excellency will gladly acknowledge that the Chi- nese "community as a whole has loyally endeavoured to carry out sure. the Female Domestic Service Of-

dinance as a matter of govern-E nient policy. The Chinese accept as

law is much more humane in Eng-an accomplishéd · fact the aboll. land than in Hong Kong, and that tion of the Mu Trai system in legislation on the lines of the Pro- Hong Kong. But "the basis of the pation Act 1907 is urgently called Mul' Tsai system as it has existed for.

and exists in China for hundreds and hundreds of years is poverty. Bearing this in mind, and recalling the transitory nature of the Co- tony's population we should, I sub-F. mit, be agreeably surprised that," relatively speaking, there are so few cases of infringing the Ordi- nance, and I do submit that it would be wrong to subject an offender to imprisonment in cases which · do not involve any cruelty.

Unless a case is made out for increasing the penalties under the Female Domestic Service Ordin- ance, and for the reasons I have indicated, I am opposed to increas- ing the powers of the magistrate under the Ordinance N

Kas, then, a case been made qut?

OBJECTS AND REASONS

The Honourable the Attorney General, in his Objects and Rea- sons, gives as the sole reasons the fact that certain provisions of the law regarding penalties in the Straits Settlements, differ from pur Ordinance, and the quotation of a Romewhat cryptic sentence by the Rt. Honourable the Secretary of State for the Colonies. As regards the former I have no materials to judge how the Criminal law is ad- ministered in the Stralis Betile- mente, and in particular how far the magistrates there do avall themselves of the powers, if any, conferred upon them to put first

Scores were:—

L. H. Shute and R. R. Todd.

(0.5.C.C):

beat Y. C. Lau and K. T. Kwik 6-3 beat P. C. Lee and Y. N.. Tar 6-1 beat J. Hau and S. Ling...... 8-1 A. Bendall and. L. Agafuroff

"(CS.C.C.):

beat Lau and Kwik drew with Lee and Tan beat Hsu and Ling

W. Bradley and J. R. Pengelly

(CS.C.C.):

beat Lau and Kwik beat Lee and Tan ............. beat Hsu and Ling

ONE SET MARGIN

At Kowloon Tong, the Club de Recreto defeated the home side

this

The leaders commenced strongly by registering a four and the next two Heads saw them consolidate their position with two singles Cheesman and Gill opened their scoring on the 4th head with a A three at the 10th saw thgle

draw furthef Walker and "Rose" ahead while four singles were also notched at the 6th, 7th, 11th and 12th heads. Cheesman and G

"

C.R.C.'S CONVINCING VICTORY

IN "B" DIVISION TENNIS LEAGUE

The C.R.C. "A" team inflicted a seven sets to two defeat on the Hong Kong Club yesterday at the Club ground, G. E. R. Divett and T. C. Monaghan and J. Rodger and D. B.Evans were the only two pairs to annex a set each from the Chin- ese Club. Both these sets were lost by Lee Tak-lam and Liang Sab- wah.

RESULTS

TRAINING GALLOPS

The following training times were clocked at the Valley yesterday morning---

Humber Sylvandale Royal Scot King's Parade Night Star

Popular Star Bright View Vihan

Double Finesse Belmont Stor Soldier of China..... Amberley

Tyne

Harvest View & Bistre Strathalap

King's Jubilce &

Warrington Saucy Face King's Fancy Jungle Jim

Cassius & Heriot 'Rose Queen Copper Idol Goldsmith What A Chance Boolat Bay &

Dis- 1st 2nd 3rd

tance Qr. qr. Qr. QC.

1 35.4 1.07.4 1.39.1.

35.1 1.08 1.39

3 38.1 1.07.3 1.38.4

* 35.1 1.08

4th Last

Gr.

312

31

39.1

1.30

7 33.4 1.05

1.94:4

31 29.4

11

#38.1 1.10.4 1.44.2

33.3

I. 35

1.10.2 1.43.4 2.14

30.1

1 38

1.14.3 1.48.3. 227.3

@ 2.73 1.08.3 1.52.3

25

1. 44.1 1.20.2 1.58.3 2.32.4 14

34.1

1.23.4 1.57 2.28.3

31.3

137 1.09 1.39.3

30.3

1 35

11.00 33.3 1.04.2 1.36

1.42 2.14.1

32.1

31.3

# 36 1.10.4 1.43.2

32.3

Royal Highness

# 35.2 1.04

1.35.2

31.2

Electron

#35

1.05.4 "1.32.2

26.3

Rugby Star

1 41

1.20

1.54.4 2.26

31.1

Zero

૩ 2

1.02.1 1.34.3

32.L

TE

Gold Sovereign &

Gold Coin

2 3A

1.06

1.38.3

32.3

Lemberg

1 37.1 1.12

1.45.2 2.18.1 32.4

1 43.1 1,23

1.58 2,35

37

à 29.3 59.4

1.28.3

28.4..

4 43.2 1.19

1.60.1

31.1

1

36.3 1.11.1

1.44.3 2.17.1

32,3

40.4 1.12,4 1.48.3

33.4

1 41.1 1.19.2.1.53.2 2.72.2

29

36.1 1.09.3 1.42

32.2

237.4 1.08.2 1.36.3

28.1

32.1 1.04 1.36.4 It'

32.4

1 37.3 1.13.1 1.46.2 2.17.3

31.1

36.3 1.10 1.40

30

1 40.1 1.18.3 1.55

2.27.2

32.2

2 34 1.05.3 1.38.3

31

# 40 1.18.2 1.47.2

31"

1 35.2 1.08.2 1.39.4 -2.11

31.1

1 34.1 1.07.3 1.40 2.10.2

30,2

131.4 1.02.1 1.34

2.10.2

36.2

Ballos & Paymaster Night View Ba

1 41 1.18. 1.52

2.23.1

31.1

»

Valley View Pride of Tsingtad

4 24.1 1.06.4 1.40

33.1

45.1 1.22.1 1.52.2

30.1

1 41.2 1.19.1 1.55.3 2.26

30.2

1 36.1 1.11 1.45

2.16.3

31

44.4 1.15.4 1.48.2

323

li

1 38

30.4

30

.. 34.1

1 37.2 1.10.3 1.42

1 25.3 1.11

1 20.3 1.17

2.13 1.41.1 2.08.2

1.51.1

31

27.1

222.4

31:3

40

1.14.2 1.46.4

32.2

22.11.04.3

32.1

# 36.2 1.07

1.35.4

28.4

34.2 1.09

1.45

2.18.1

33.1

29.2.

1 41

1.18.2 1.52.4 2.25.2

32.3

1 46.2 1.23 1:58 /2.32.1

34.1

36.2 1.08.2 1.44

35.8

#31.2 1.02.2 1.34.3

32.1

35

27.3

1 41.2 1.17.4 1.57.4 2.23.1

31.3

1 37 1.10.4 1.42.2 35.1 1,08.4 1.41.2

31.3

12:3.

:

1 44.2 1.21 1.54.1 2.25.3.

31.2

Pontiac Bay King's Justice Mayflower Monoplane Double Chance Gladiator

Victoria Hall King's Bounty &

Foxbridge

Plain View Mistake Bay Merry Jester Sadko

Cyclamen BaY Flybynight King's Lead &

King's Sceptre Perfect Day Blue Ribbon &

Emergency Call Miracle

Gold Eagle Bobniak Star Burgomaster &

West Parade Halcyon Philanderer Rousseau

Judea & Dan Great Holi Violet Queen Wild Cat Ocean View Unicorn

Celebration Time &

Bhamrook

1.12 1.44.4 2.15.3 1 36.2 1.11.3 1.41.3. # 35.1 1.09.3 1.43.4

1 34.2 1.05.1 1.35.3 2.05

scored only on the 5th, 7th as. 19th heads with singles,

DOCK PAIR WIN

The

J. V. Ramsey and J. McKelv.e. had a keen tussle against G. M. R. Remedios, and B. Baste when they won by 24 shots to 18. winners obtained two tours on the 11th and 12th heads and also re- gistered two threes and two twos. Remedios and Basto could' do no better than obtain a three at the 18th and four further twos.

1.04.4 1.32.2

FRENCH TENNIS

Autenil, May 26. Miss Billie Yorke (Britain) play- ing with Marcel Bernard of France, to-day won the final of the French mixed doubles tennis champion- ship, when they beat Martin Legay and Mme. Henrotin of France 7-5. 6-B, 63

Beuter.

HOCKS & MOSELLES.

Imported from MESSES. H. SICHEL SOHNE, the world-renowned growers of Mayence-on-Rhine.

LAUBENHEIM

NIERSTEIN

HOCHHEIM

LIEBFRAUMILCH

SPARKLING

6-3 6-6

0-1

G. E. R. Divett and T. C. Monaghan (HKC.C):

lost to Choi Ping-fan and Lai

Chau livong tr

1-8

6-3

lost to Les Yui-wing and

6-1

Leung Ping-chpl :.....

2-8

6-3

beat Lee Tak-lam and Liang,

Bah-wahudum

6-0

HD Bidwell and A. T. Dow

(HK.C.C.);

N

HOCKS

"lost to Chot and Lal

4-8

lost to Lee" ahɗ Leung

1-6

last to Lee and Liang

3-8.

J. Rodger and D. B. Evans

(H.K.C.C.);

Tong): beat A Blva and "H. Gon-

salvca *!*

6-2 beat L. Slive and . Ribeiro 8-4 beat Noróñña and J.

Xavier

lost to Chot and Lai

2-6

lost to Lee and Leung.

1-8

beat Lee and Lang

6-4

6-1

The Hong Kong Government after a spirited encounter, by five Gazette of 8th May sets out the sets to four, in a "C" Division post- terms of reference of the Mu Tai pored fixture. Commission. It is the duty of theFull scores Commission "to report to the Se-H: Chan and A. Chan (Kowloon cretary of State for the Colonies on any legislative or other action which the Commissioners consider practicable and desirable in relation to the Mul Taal ques- tion etc. "Surely this Council should at least await the report of O. the Commissioners before taking any further action,

ma

(Continued on Page 11)

may

L. Fang and G. Ehe (Koy- Flood Tong):

open

lost to A Silva and Con-

salves

beat L. Bulve and Ribeiro

SPARKLING

MOSELLES.

Sole Agents-

lost to Noronha and Xavier 4-6 GANDE, PRICE & CO., LTD.

W. H. Wal and K. Lam (Kow-

St. George's Building No.2, Ice House Street. Tel. Dial 20185

loon Tong),

lost to A. Bilva and Gonsalves 2-6

2-8

6-2

fost to L. Silva and Ribeiro... 2-6. lost to Noronha and Xavier 5-7

Hour Road.

Page 10Page 11