1936-09-11 — Page 6

HONG KONG DAILY PRESS, FRIDAY, SEPTEMBER 11, 1936.

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CONVICTIONS UNDER POSTAL

CLINGER PAYING, BUILDING

ORDINANCE QUASHED

& FIRE -BRICK

Magistrate's Decision Is

Beyond Chief Justice

The Magistrate's duty is to be satisfied beyond all reasonable doubt but how the Magistrate could have convicted on the evidence in this case is beyond me," commented the Chief Justice, Sir Atholl MacGregor, in the Supreme Court yesterday, when he quashed Police Court convictions against three masters of hoarding houses on charges of sending numerous letters, to Singapore under one registered letter on various dates.

The appellants were Lay Cheung; coarding houses appeared on the Ling, master of the San Ki San | letter, that could not implicate the boarding house, "68 and 69, Con- name of the sender. naught Road, Fung Kai Ting, mas- ter of the Ping On boarding house. and Lai Chui, master of the Chung Fat boarding house,

Mr. Leo D'Almada, jun. appear- ed for the appellants while the respondents were represented by Mr. M. J. Abbott, Assistant Crown Solicitor, assisted by Mr. H. R. Butters, Postmaster General.

Mr. D'Almada stated that the convictions were registered by the Magistrate on a charge of sending registered letters to Singapore con- trary to the Postal Ordinance. The letters came under suspicion at Singapore and were" opened. In-

side were found several letters. On the corner or the registered letters appeared the names and addresses of the boarding houses of which the appellants were licencees.

The defendant's evidence was a frank denial la each case, which denials were unshaken under cross- examination; despite this they

were each fined $100.

Mr. D'Almada' submitted that a ease of that kind did not come under the Section 36, sub-Sect. 2, of the Ordinance, in that the boarding houses were not persona or bodies incorporate. Further be- cause the names of the defendants

there in view of the possibility of the letters going astray, which was more probable than their being opened by the authorities.

He further submitted that the

PARALLEL EXAMPLE Counsel drew an example of the Magistrate convicted on the evi- name of the Hong Kong Hotel apdence because he could not belleve pearing at the bottom pl a let-

the denials of the defendants. ter and asked if the manager of

When it was proved that the de- the hotel would be responsible. He

fendants were the licencees of the further illustrated this by, suppos-boarding houses, a "prima facle" ing that such a letter was sent with the name of the Supreme Court thereon Would the Registrar or even His Lordship be responsible?

To this his Lordship said that he was not making any admissions (laughter).

Mr. D'Almada pointed out the weakness of the Crown evidence, in that only the names and addresses of the boarding houses appeared on the letters. The case, he submitted. was one of suspicion and nothing more.

If his Lordship, upheld the de-

cision it would mean that any per- son was liable to be summoned under that Section because some- one else had put their names on the letters.

CROWN SUBMISSIONS

Mr. Abbott submitted that a boarding house should be treated as an individual if there was one licencee. It would be expected that the correct address would be placed

į

case had been established.

COURT'S DECISION His Lordship stated that it was" sumetent to say that there was no

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Assault On

Japanese

REVOLVER FOUND AMONG

Woman COBWEBS

WANCHAI STAIRWAY

INCIDENT

Confiscation Order Granted

An assault on a Japanese, resl- The confiscation of a revolver. dent of Wanchai district, was stated to be unfit for use, was or- brought to the notice of Mr. W. ̈dered by Mr. W. Schofield at the Schofield at the Central Magis-Central Police Court yesterday, on tracy yesterday when Suen, Tsah the application of Detective Ser- Shum, 27, unemployed of 22. Tai geant C. Dowman. Yuen Street, second floor. was charged with the offence

The attack was alleged to have

W3.9

evidence to show that any one of the boarding houses was a partner- taken place on the stairway of No. ship. He could not consider that a boarding house was an individual 91 Hennessey Road, when Jel Mat and that that itself was sufficient sumoto, a Japanese woman to dispose of the case. His Lord returning home on Wednesday.

Sergeant Dowman ship however, decided to go fur- ther, and pointed out that the

stated that no weapon was used.

The case was adjourned for 48 defendants had put up the best defence possible that of an utter hours on the application of the and complete denial. This denial Prosecution. The complainant was had been unshaken. under cross-not present in Court.

examination,

The Magistrate's duty was to be

all

Detective

satisfied beyond reasonable HOTEL

doubt but how the Magistrate could convict on the evidence in this case was beyond him, stated his Lordship.

",,

The convictions were quashed and the fines already paid are to be refunded.

CHILD'S SALE IN ACCORDANCE

WITH CHINESE CUSTOM

Seven Persons Freed On Transaction

Charge

Legitimate Purchaser

Two married people, fading themselves in "straightened circumstances decided to sell their daughter and told their friends about what they had done. A parchaser was found who paid $70 to the father in three instalments, but the wife on hearing that her daughter was to be taken out of the Colony, informed the authorities at Wanchai Police Station. Until then she had been a willing party to the transacilon.

A general round-up of those involved with the transaction was made, and yesterday before Mr. W. Schofield at the Central Magis- tracy, seven persons, five of whom were women were charged, with taking part in a transaction the

object of which was to transfer the possession of a female child, Chan Sul Ro, aged 11 years. at No. 169 Lockhart Road, second floor, on August 6.

Mr. Kwan added that his client was genuine.y interested in adopting the giri.

Inspector Ellis stated that the authorides first became aware of the transaction, when the second accused, mother of the girl report ed the matter to the police at Wanchai. She claimed that owing to poverty she and her husband had disposed of the girl for $5. Another woman, fourth accused

First accused (the girl's father)

the next day informed his wife that was the purchaser's inten- tion to take the adopted girl with her to the country. The mother apparently was not taken with the idea and informed the police.

According to the "sung tip," the husband of the purchaser was mentioned in the document, al- though he was not present at the transaction as he was away from the Colony....

The accused were: Chan Wah wai with her at the time Slu, 43. odd job mason.

WA Tsang she sold the girl and it Kail. 33, h's wife, Chan Sze,” 40, through the latter that Chan Sze

Statements made to the police married woman with an address at was traced at the Chung Kwok When the police visited the

in answer to the charge were asa the Chung Kwok Hotel, Fun So. 21. Hotel, spinster, 196 Lockhart Road, Pang hotel, Chan Sze and the fourth follows-First and second accused Yee, 40. married woman, 34 Cross accused were there. A red docu-admitted selling the daughter; Street, Wong Mel. 45, married ment was produced by, Chan Sze woman, and Ng Shing. 74, her who claimed to have paid $70 for husband.

the girl.

Inspector E. J. Eills, attached to the Secretariat for Chinese Affairs

told their friends that they wished to sell their daughter. Four of the acctised acted as go-betweens, Ng Shing (the seventh defendant) introducing the father of the girl

to Chan Bze.

FOUR GO-BETWEENS Later, from enquiries, It trans- appeared for the prosecution.pired that the parents of the girl whilst Mr. C. Y. Kwan represent- ed Chan Eze, married woman.

LEGITIMATE PURCHASER Mr. Kwan stated that his client was the legitimate purchaser of the girl and according to Chinese custom received a "sung tip" (deed On July 29. the parents of the of presentation), or "red paper"

girl took her to 189 Lockhart Road tatta.i A transactions of this (fourth accused's house) where the nature. She only acted in ac- alleged transaction took place. cordance with Chinese customs The father drew up the "sung tip and was unaware of committing and a first payment of $10 was any breach of the law. The girl's, effected by Chan Bze. parents had stated their willing. Dess to sell their daughter, and his client had paid $70, to the father for the girl

On August 30, the father re- calved a further #2, and the final instalment of 858 was paid over an September 4...

third accused claimed "she was presented to me": fourth. Afth, sixth and seventh claimed know- ledge that the parents had pressed а desire to se'l their daughter.

e-

MANAGER

In evidence Sergt., Dowman sald that the revolver was found by a watchman at No. 19 Man Chung

Street: third floor on September 4. A valt to the premises revealed that the weapon, covered in dust and cobwebs, lay in the replace. "It must have been there for a year and-a-half" said Sergt. Dow- man. The weapon was unloaded and was quite useless. In spite of clatinant could be enquiries, no

11 found.

IN MEMORIAM

The Hon, Treasurer. of the Society of St. Vincent de Paul acknowledges with gratitude and

VICTIMISED thanks the receipt of the following

UNGRATEFUL LODGER ATTEMPTS THEFT

donations towards the Society's Funds.

The Star of the China Pro- vident Loan & Mortgage Co., Ltd.

$6.60

(In memory of the late Mr.

'C. A. da Roza).

2.00

It does not always pay to be a Mr. F. B. da Silva ...... good. Samaritan, judging by the experience that befell the mana- ger of the Lux Hot Tung Hotel,

Connaught Road Central.

Chan Lam. 24 years of age, a former employee of the hotel strolled in to see the manager the other day, and the latter took compassion on Chan's straighten- ed circumstances, Chan was offer- ed a room for the night, free of charge.

his

(In memory of the late Mrs.

Telles Ribeiro). The Local Staff of The Mer- cantile Bank of India. Ltd. .....

(In memory of the late Mr.

Henrique Silva),

4.00

$12.50

STEAM LAUNDRY THEFT

Chan Was profuse with thanks but that night another servant of the hotel saw him prowling round and in fact en- Wong Ming-taing. of 81. Fa tering another room on the same Yuen Street. ground .. floor, floor, Suspicious of Chan's bestole a small metal clock, and a haviour, the employee Informed large wall clock from the Steam the Manager.

Laundry on September 7, for Chan appeared before Mr. 8. F. which he received two months' Balfour at the Central Magistracy imprisonment by Mr. Q. A A yesterday charged with house Macfadyen at the Kowloon Magis- breaking with intent to commit a tracy yesterday. felony. He admitted the offence but pleaded lack of available cash,

Two months' hard läbour was passed.

DARING

WANCHAI

ROBBERY

PEPPER THROWN IN

SALESMAN'S EYES

manager of the Steam Laundry Mr. A. W. Ramsey, assistant

was the complainant.

PREPARING HEROIN

Bix people were arrested on Wednesday at 163, Ban Yeung Choi street, in the act of preparing heroin

They were were: Tang Kam. Leung Sik Yu Lai Chan Lang. and two women Chin Ho and

Leung Chun

The case came, before the Kow-

LORRY ACCIDENT

A daring robbery was perpetratoon. Magistracy yesterday and ed in a goldsmith's establishment was remanded for a week. The en Wednesday night, according to Assistant Crown Solicitor will pro-

Becute. & police report.

Tsoi Nul, salesman, bf the Po Lol goldsmith shop, 87, Queen's Road Mr. Kwan said that his cent East. reported to the police that was illiterate and had accepted

about 7.25 p.m. two men entered Knocked down by a motor lorry

the "sung tip" drawn up by Drst

the shop. Tsol was behind their Pei Ho Street, a boy, named accused, as a 'document relative to

counter. One of the men asked to Chan Kau Lin, age nine years, of the transaction in accordance to be shown a ring which he did and 12, Tee Chow Street, was sent to Chinese custom.

passed over to the other man, the Kowloon Hospital for treat- The latter returned the ring, after | ment Evidence was heard, after which examining it, to the first man who his Worship discharged all defen- placed it on a finger on his left dants, mying the sale of the child hand.

MISHAP AT STANLEY- Chinese custom, and there did not duced a packet of pepper from his was apparenty in accordance with,

It is alleged that he then ́pro-.

Sustaining Injuries when an appear to have been any traffick right hand pocket and threw it earth truer fell on him while fing.

into Tsol's eyes. :

working at Wong Ms Kok, Stanley, The two men then bolted in the a labourer, Chum Chan Pun, was direction of Swatow Lane and removed to the Government CIVIL made good their escape,

Hospital.

H's Worship warned the defen- dants against repetition of the Occurrence.