1936-06-16 — Page 6

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HONG KONG DAILY PRESS, TUESDAY, JUNE 16. 1936.

DANGEROUS GOODS TO

BE FORFEITED

Magistrate's Judgment In Kowloon Case

Fines totalling $600 were imposed by Mr. E. Hims- worth at the Kowloon Magistracy yesterday on three re-' mand summons heard against Mr. Chan Ching Wo, of No. 46 Sai Yeung Choi Street for possession of danger- ous goods estimated at $10,000, and breach of condition of the licence.

"There has been in my opinion. not exceeding $100 for each day

planned. 3 carefully

deliberate. i after the first day. during which

DANGEROUS PRACTICE

Overtaking Car At "A Bend

FINE IMPOSED

Around the Courts

BOUND OVER

TWO WOMEN - ASSAULTED An Amanli with rubbery Sa-a Appearing on remand before Mr. motire, was brought to Mr. Q. A. │8. F. Balfour'at the Central Court. [A. Maxi̇ndjen's attention with the yesterday on a charge of being appearaner of two men at the found on enclosed premises at No. Kowloon Magistracy yesterday. 79, Wellington Street for an unlaw- Bo-Tak. 29, unemployed earth | ful purpose, Lo Chik-sang, 30, an comulle, of No. 30, Hollywood Road | odd job coolie was yesterday bound and Teang Tin, 27, teahouse walter, Lover by His Worship.

ut No. "1. Bowring Street: ground"} Defendant stated that he went for were charged with assault on Woman Thang Yuk Ying, "with intent to rob."

Second accused was also charged with assaulting another woman Kwan Chak, and robbing her of

in $30

Hong Kong currency. Inspector A. H. Elston applied for three days' remand which was granted.

there to look for a doctor whom he knew lived there two years ago. Defendant was remanded for a medical examination

Det-Sergt. Mann was prosecution.

SOLICITING

for the

What might have resulted in a sérious motoring, accident, but for the presence of mind and quick thinking of one of tio drivers concerned, was heard at the Kowloon Magia. tracy yesterday when Trang Yau, of the China Motor Bus Company, driver of car No. 4233 was summoned an remand "for driving without due care and caution on May 17 along

D.I.C: Inspector Stimson appear- the Castle Pęk Road. and apparently for some time a such goods are proved to have

ed as the complainant before Mr. successful attempt. to carry on the been in his possession, custody or

According to the evidence sub-

S. F. Balfour at the Central Court power, or in the possession on his mitted Tsang attempted to over-

FORGED $5 NOTES process of refining kerosene dis-

yesterday when Leung Lam 22. un- tilate without the knowledge of behalf of any servant, agent or

Lake Car No. 4466 driver by Pte.

Two women faced Mr. Q. A. A. employed was charged with solcit- the Chet. Officer, Fire Brigade. wharehouse owner." The latter Williams of the East Lancs. Regi-Macfadyen at Kowloon Magistracying for an immoral purpose in Des I am convinced from the many forfeiture clause, reads. "It shali ment just before approaching a charged with possession of forged Voeux Road Central near the Sin- precautions which the defendant be lawful for a Magistrate to be

corner. When half way past the ss notes of the Hong Kong and

cete Company. took to render the annex Immune ordered to be forfelt to the crown car another vehicle driven in the Shanghal Bank. The case was re- from outside inspection, that he anything in "respect to which any

opposite direction by Mr. Wilson,manded for a week. must have known that the busi-offence against this Ordinance has of the Shing Mun Dam Scheme ness he carried on therein was not been committed. whether or not appeared around the corner. only contrary to the law. but was any person shall have been charg-Wilson was on his right side of the carried on in circumstances which

road driving towards Castle Peak, ed with such offence or not." would never have been permitted

He turned further left in what by the C.O.F.B." said the Magis-

little space there was and jammed trate...

on his brakes. Defendant con- tinued to pass the other car, and his rear mudguard came into con- tact with Mr.. Wilson's rear bumper. Mrs. N. Wilson in evidence said that they were travelling down Tain Wan Hill. When her husband jammed on the brakes the car skid- ded and there was a slight colli- ston. Witness herself was a driver and would not have attempted to overtake another car just before a corner. #

Confiscation of all stocks and oil in respect of goods stored in the annex was ordered. but it was pointed out that this order did not relate to the all found on the ori- ginally licensed premises.

THE JUDGMENT

#

Delivering judgment, the Magis trate said:

FULL PUNISHMENT

I regard the first two summon- ses as referring to offences of such a serious nature as to warrant punishment by the application of the full rigour of the law. As re- gards these two offences therefore, 1 impose a fine $250.00 Là respect of each offence and make an or- der for the confiscation of the dangerous goods together with the drums, tins, cases and other pack- ages containing the same.

There remains the third charge which lies in respect of an offence

The defendant in these three summonses has pleaded guilty to contraventions of the dangerous drugs ordinance in keeping 1,980 committed on the premises origin- "gallons of kerosene distillate, 488 ally licensed. This offence con- gallons of kerosene in unlicensed sists of a breach of the conditions premises; 10 carbouys of sulphuric [ of the licence. In that the censce acid in unlicensed premises and failed to notify the C.O.F.B. of the falling to notify the COFB. of total stocks of inflammable liquius the amount of inflammable stock a staruge on the Arst day of April In his licensed premises.

and May of this year. The penalty

I will deal frst with the two clause for a breach of this condi- offences which refer to the pre-tion is found in sec, 18 (2) of the mises adjoining the licensed pre-Ordinance, which stipulates for a mises, which I will call the annex. fine not exceeding $250,.00, The In pleading gulity to these charges prosecution ask for the full pen- It has been suggested on behalf of alty and forfeiture of the goods on the defendant. that the real the licensed premises as in the criminal was the defendant's case of the first two gummons. brother.who acted in a rather The defence argue that the offence.

J

Mr.

Pte. W. Wilkinson, a passenger in car No. 4486 driven by Pte. Wi: liams said that they had changed gear when a car in the rear sound- The accused had ed its horn. passed their car, before all three vehicles came to a standstill.

Defendant in evidence said that the car driven by the soldier was travelling slowly and he attempted to pass it. He sounded his horn when two car lengths away, and so tar, as he could see they were eight car lengths away from the next corner. The road was straight at this point and he accelerated.

In answer

to Traffic Sergeant

Detective-Sergt. D. G. MacPher- son prosecuted. The accused were Lau-Sau Ying. 25, married woman of. No. 38, Bute. Street, first foor and Chan Sze. 30, widow of the same address. Lau was charged with uttering one forged note, and possession of four $5 forged notes, while Chan was charged with uttering and possession of one forged note.

Kowloon

COUNTERFEIT COINS Sentence of six months' hard labour was imposed by Mr. Q. A. A. Macfadyen at the Magistracy on Lai Sing. 26. unem- played, who appeared charged with possession of 140 counterfeit Hong Kong ten cent pieces, at Shanghai Street, on June 4.

Inspector Elston prosecuted. Liu Shu. 28. ship's cook of the 5.S. Kwang Tung, was discharged because of insufficiency of evi- dence. The first accused admitted knowledge and possession of the

coins.

BANISHEES

Inspector Stimson said that the defendant came up to him and asked if he wanted to have a "drink of wine." which was ex-- plained to mean a girl

1

•

BAMBOO POLES

Tam Cheung, 28, unemployed was sentenced to one month by Mr. S. P, Balfour at the Central Court yesterday for the larceny, of 30 bamboo poles from No. 140, Wellington Street, the property of Tang Sam-kee.

Sub-Inspector Sabey said that the defendant was seen by a Dis- trict watchman and when arrested with the poles, admitted the theft.

*

IRON DOOR REMOVED Charged with the larceny of an tron door from No. 2, Upper Station

Street. Chan Ying, 26, unemployed appeared before Mr. S. F. Balfour at the Central Court yesterday and was bound over.

Sub-Inspector Kirby stated that the defendant was seen to take down the door and was arrested.

+

THEFT OF LEAD Charged with the larceny of 154 Cheung Chuen. 36. unemployed pounds of lead from the Royal was sentenced to six months"hard | Naval Dockyard, Chan Hing ap.. labour by Mr. S. F. Balfour at the peared before Mr. W, Schofeld at Central Court yesterday when be

the Central Court yesterday and was remanded for one week' on a appeared charged with returning

banished for 10 years on December 17. last year.

other returned banishee was sen Lam Tung. 61, unemployed an tenced to nine months. He was banished for 10 years on July 26 last year

foolish manner in order to cope was due to a mere oversight on Brittlan, accused said that he did from banishment. Defendant was ball of S. Mackinlay appeared

In-

with the additional work neces- the part of the accountant. I. not see the oncoming car, until he cannot regard this offence as be-

was half way past. sitated by the termination of the

Sergt. Brittian: I put it to you lease, by extending his business ing so serious as the others. beyond the boundaries of the ori-deed the fact that the legislature that it was an error of judgment 'ginal licensed premises.

has stipulated for B lighter on your part to try to overtake pecuniary penalty in this case pre- that car-If I had seen the on- supposes that it did not regard coming car I would not have at- After visiting the premises, how-such an offence as being punish-tempted to pass. I thought I could and from the statements able to the same extant as offences pass because the other car slowed

committed under sec. 10, and down. mada by the prosecution I am satisfied that the alterations made therefore did not intend the ex-

FOOLISH BREACH OF LAW

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treme penalties capable of en- forcement under the Ordinance should be invoked. On the third summons therefore I lmpose a fine of $100.00, bat no order for the forfeiture of the stock will be made.

"

יו

GUARDS' COSTS.

Mr. E. 8. C. Brooks appeared for

CONVICTED

•

#

Mr. W.

for the defendant and pleaded not guilty.

Det.-Sergt. Dowman stated that at 2.40 p.m, on Sunday, the Naval Yard constable saw the defendant near the CI.C.'s office wheeling a barrow in which was a bag. When near the latrine the defendant put THEFT BY BANISHEE

the 'barrow down and dragged the Another banishee, Yeung Fo, 38,

sack inside. The constable at that unemployed, was charged with

time thought that he was doing. larceny from the person of a some work and thought no more Mrs. Yiu Pim, owner of car Nu. wallet containing the sum of $8.40 about it. 4233 driven by the accused, sald

the property of Ip" Kwai-wah. a

About 3 p.m. the defendant was that the family were returning cook on board the s.5, Kwai Sang, from a swim at the 13 mile beach. when he appeared before Mr, S. F.seen by the same constable throw- ing some metal over the wall. The Balfour at the Central Court yes constable was not permitted to She was preoccupied with her children when she heard defen- terday and was sentenced to a

leave his post"and so he called out dant sound a warning blast before total of one year. Nine months

and the defendant ran away. The overtaking H slow car ahead." was given on the charge of return-

defendant was later pointed out by The collision took

banishment. place about ing from

banishee for 10 years on October this same constable in a workshop.

the defence, while Mr. J. C. Fitz-three or four car lengths before henry prosecuted.

the bend in the road.

to these premises and the manner in which such alterations were made. cannot suggest 2 mere foolish breach of the law. There has been. In my opinion, a care- fully planned, deliberate, and ap- parently for some time a succesful attempt. to carry on the process of refining kerosene distillate without the knowledge of the CO.F.B. I am convinced from the many pro- caution's which the defendant took to render this annex immune The prosecuting officer applied from all outside inspection, that for an order against the defence he must have known that the bust- to meet the costs of the police .ness be carried on therein was not guard which was estimated at be-

only contrary to the law. but was carried on in circumstances which would never have been permitted by the C.OF.B. I find myself in agreement with the prosecution's assertion that these premises were against the application, and point-particular care, being used not only in an illegal ed out to the Bench that the Ma- way. but in a manner dangerous gistrate had no power to make to the community whose safety the order against the defence. depends on the strict enforcement of this Crdinance,

11

tween $200 and $300. The guard had been supplled in the Interest of the defence as well as the pro- secution.

Mr. Brooks raised an objection

Mr. Himsworth said that accord-" ing to the Magistrate Ordinance he was entitled to grant costs not exceeding $5 and asked whether the prosecution wished to press the point..

PENALTY CLAUSES The prosecution have asked for full penalty to be imposed in these

Mr. Fitz-Henry said that under cases and it would not therefore bi irrelevent at

the circumstances he would with- this point to examine the penalty clauses of draw his application. this Ordinance.

since I shab have occasion to refer to them again, The relevent clauses are

to be found in Bec. 10 (5) ot the Ordinance No. 1 of 1873, as amended by Bez. 5 of the Amending Ordinance 34 of 1934, and in the general forfeiture clause Bec, 12 of,

ASSAULT ON CONSTABLE

Th accused was Aned $20. In convicting Tsang, the Ma- gistrate said that be considered it all the more remarkable that the accused had not driven with more. care and caution considering the number of children in his car Accused should have driven with

When the fine WES. 80- nounced, the accused intimated that he would rather go to jail" "I have no money" he said and left his place in front of the prisoner's box to walk over the where his mistress sat, She was understood to say that she would not help in paring the fine.

When the accused was ordered back to his place, the Magistrate said. “I shall give you one week withlu to`pay the fine." It was sko explained to Tsang that i this order was not compiled, with, a distress warrant would be issued,

the Original Ordinance as amend- CHARGE NOT PROVED end followed and said that he had

ed by Sec. 2 of Ord 2 of 1925, The former of these clause slates that

been attracted to the scene by shouts and when he arrived there he was arrested by the constable.

He was

11, 1923

Sub-Inspector Babey, prosecuted.

A NOVEL METHOD Securing the ends of his trousers Armly around his legs by means of elastic bands and,by slipping the articles under his waist band and allowing them to fall into his trouser legs, W86 the method described in the Central Court yesterday before Mr. 8. F. Balfour wherein Pang Chuen, 35. nem- ployed perpetrated the larceny" at a packet of cigarettes..

Det.-Sergt. Pilkington stated that when the defendant was searched two other packets were found in the legs.

Defendant was sentenced to two months

И

OPIUM AND ASSAULT Charged with the possession of 1.5 taels of raw opium at the Mongkok Ferry wharf and with assaulting P.C.D.102 at Queen Vic- toria Street, Char. Wing, 30, un- employed, appeared before. Mr. S. F. Balfour at the Central Court yesterday and was aned to $30 or three weeks. where an offence has been com- Kam Kwan, a motor driver, "and

Det.-Sgt. Pilkington stated that Yiu Bik, a student, again appear- mitted against this section Le. Bec-

the defendant was arrested at the The evidence of Kam Yau, the wharf and on the way to the tlon 10, such dangerous goods ed before Mr. W. Schofield at the

13 year old son of the first de- shall together with the drums, Central Court yesterday on

Ragault or fendant was then taken which Police Station, the defendant ask tins, caces or other package con-mand charged with

ed the constable to go to the mar- taming the same. be liable to for PC.B. 683 Mohan Singh in Bhing went to corroborate, that there was ket and when there four fokis set feiture, and in addition such per- Wo Road on Saturday June 6.no fit between his father and upon him. The defendant tried to son shall be liable to imprison- Mr. A. el Arcuill appeared for the constable.

escape with the opturn. The con- Mr. Schofield then delivered stable lost his whistle and his ment for a term not exceeding six the first defendant; months and to a fine not exceed- Yesterday the first defendant Judgment and found the défen-uniform was bespattered with the ing $250.00, and further such per-went into the box and denied all danta not guilty and they were colum. Two other constables came son shall also be able to a fine the charges of assault. The see-accordingly discharged

up and the tent was stopped

re-

*PO PUL TICKETS

Ho Sing. 78. · unemployed was charged before Mr. W. Scnafleld at the Central Court yesterday with the possession of 862 po pni tickets in Connaught Road West near Eastern Street. They were Mes around his girdle when arrested by the constable. Defendant was Hned $350 or three months. Sergt. Jessop prosecuted.

OPIUM AND REVOLVER

SEQUEL TO SURPRISE

RAID

Seizure of opium valued at over $35,000 was mentioned before Mr. E. Himsworth at the Kowloon

Magistracy when four men were charged with possession, in addi- tion to facing a charge for unlaw- ful possession of a ·revolver and seven rounds of ammunition

Inspector Andrews applied for three days' remand which was granted. The revolver was stated to be fully loaded when the police. surprised the accused, on board junk No. 4369FLA.

'The accused were Lá Bau, 33, master of the junk, Lal Bhiu, 36, seaman, Ng Yung Shipz. 29, sea- man, and Cheung Mut Kam, séa- man. The oplim involved in the cast is approximately 11,000 tzels.

T