1936-10-30 — Page 6

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HONG KONG DAILY PRESS, FRIDAY, OCTOBER 30, 1936.

THREE APPEALS ANOTHER HEROIN SEARCH SEQUEL

DISMISSED

Heroin A Menace To Community

CHIEF JUSTICE'S FIRM STAND

Three appeals heard before a full Court of Appeal, comprising His Lordsnip, the Chief Justice, Bir Atholl MacGregor, the Putane Judge, Mr. Judice J. Hayden and Acting Pulsne Judge, Mr. J. A Fraser at the Supreme Court yesterday morning were dismissed. Three prisoners. Li Tung, Cheung Yi and Cheung San, represented by Mr. Leo D'Almada Jr., instruct- ed by Mr. Macnamara. lodged tile first appeal.

Mr. D'Aimada said that the ap- peal was only against the sentence and not against the conviction, and that the evidence against the appellants was very slight,

07

ALL SENTENCED ALIKE The prisoner who was charged as the first defendant and who said that he was the principal tenant M the premises where they were all arrested, received the same sentence as the others who were only his employees.

He added that the distinction should have been drawn at the Criminal Sessions by the Chief Justice.

At the Sessions that were held last month. the principal tenants received larger sentences than the others, and the" distinction. WLS clearly drawn then.

The evidence against the three appealants were that, their hands had been stained, but none had been in the Colony for more than a few daya.

•The Fun "total of their state. ments was to the effect that they were only on the premises for these few days.

He concluded by saying that the court" could exercise power in the *matter, and submitted that a re- „duction should be made in the

sentence.

J.

"NOT WRONG IN PRINCIPLE"

Mr. M. Abbott, Assistant Crown Solicitor, replied by asking "the Chief Justice to look at coples of a local paper issued on August 21, when his Lordship remarked that he would not be lenient on anyone who was found guilty ni possession or the manufacture of herofn.

On "Mr. D'Almada's formal op- jection, bis Lordship said that he could not regard the paper in question as an authority, and sus- tained the objection.

FACTORY

Man And Woman Charged

Yu Yin, 49 years, unemployed, and Yung 25, married woman, faced Mr. K. Keen at the Central Police Court yesterday afternoon charged with the possession" of 33,500 hercin pills, and 60 ounces of pink mass at 1. Haveri Street, on September 25.

72

For the prosecution. Revenue Officer A. W. Grimmitt stated that in company with Mr. Taylor, Gov- ernment Monopoly Analyst, and a party of Chinese revenue officers. he ralded the premises and found it was a heroin factory with all the paraphernalis used for the manu- facture of heroin pills.

The defendants were questioned and when asked who was the prin- cipal tenant. Yu Yin stated that he was and that the master had gone

to Canton. Yung Yau stated that she was employed as an amah on the floor.

Mr. Grimmitt remarked, that prior to entering the premises Yung Yau came to the peep-hole and was seen to close the doors of two cubicle before she came to open the main door.

Evidence was taken following which Yu Yin was committed for trial at the next Criminal Sessions.

The woman was discharged.

EXTRADITION CASE

Heiber Being Seat To Manila

J. A. von Heiber, allas Heiber John Henry, of the Philippine Llands, who is accused of the em- vezzlement of 4.000 pesos the pro- perty of Antonio Syyap, within the jurisdiction of the Philippine Islands Government, appeared again before Mr. Scholeld at the Central Magistracy yesterday after- noon

Man Assaults. District Watchman

On a charge of assaulting a` dis- tries watchman, Slu Ching, 29, travelling, trader, absented him- self from the Central Magistracy yesterday and forielted ball of $50. A warrant for his arrest was also issued by the magistrate. Mr Schofield.

Det-Berg, Davies stated the D.W. was searching a boy on Ir formation that he had heroin pills on his person when the defendant came up and struck the watch- man. The boy escaped."

THEFT OF WIRING

Returned Banishee Brought

To Book

Arrested in Upper Lascar Row trying to sell electric wiring. Wong Bhum, 31, when questioned admit- ted that he had stolen the wire from the roots of Nos. 121 and 123 Thomson Road. Wanchat,

Brought before Mr. Schofeld at

the accused further admitted a the Central Magistracy yesterday

charge or disobeying his banish- ment order. Inspector Stewart Logan prosecuted.

The accused was sentenced to, a total of 11 months' hard labour and ordered to pay $40 amends with the option of serving an ad- ditional month's imprisonment. The defendant had a previous conviction for receiving stolen

wire.

GOLF CADDIE CHARGED

Keung Sing Ngau, 17, goit cad- dis, "appeared on remand before Mr. Schofield at the Central Magistracy yesterday charged with the larceny of a platinum and gold wrist watch and a gold anger ring the property of Mr. A. Pinet. Chief Det-Inspector, Murphy ap- of the Far East Oxygen and Ace- plied for the fugitive's discharge tylene Company, and was again and added that a passage had been remanded to this morning after arranged on a Japanese steamer, evidence had been taken. An- His Worship: As far as this Court other man... charged with receiv- is concerned the fugitive is dis-ing, was discharged. Sub-Inspec- charged.

tor J. D. Dredge was for the pro- secution.

When Eelber appeared on Wed- nesday he stated he was willing to walve extradition "proceedings.

"

EMBEZZLEMENT ALLEGED

k

Cheung Wing Chuen, 28, egg dealer. appeared before Mr. W. Mr. Abbott continued that the Scholeld at the Central Magistracy amount of evidence against pri- yesterday charged with the em- soners convicted, could not regulats i bezzlement of $53.08 between May the sentence, and that "the sen- tence imposed was not manifestly excessive and not wrong in prin- ciple.

In rebuttal. Mr. D'Almada re- plied that the evidence showed only a small degree of participa- tion.

SERIOUSNESS OF OFFENCE The Caler Justice answered that there was a decided growth in the manufacture and marketing of heroin in the community, and that in view of the fact that the ap- pellants were represented in Court, he felt that there was no neces- sity to reiterate what had so re- cently been said in that Court.

He desired to say how very serlous, he regarded participation in that type of offense

21 and May 29 this year from the Tal Hing Egg shop, 218, Hennessy Road, Wanchai The complainant was Yeung Wal,master of the shop. The defendant pleaded Dat guilty.

Det.-Insp. Carey stated that the defendant alleged that the master was cheating and was trying to get him into trouble. The defendant was arrested on a warrant.

His Worship: Defendant also em- bezzled eggs?

· Insp. Carey: Yes, your Worship. (Laughter).

Defendant was remanded for a week on bail, of $250.

WELL-KNOWN TO POLICE

It was the opinion of the court' and they had arrvied at the same When Sek Wong-cheung 35 conclusion, that the sentences against whom there were no less passed were not an infringement than six previous convictions, on the basic principles under came before Mr. Keen at the Cen- which they were bound to act.

The appeal was dismissed. The sentences were to run from the

date of conviction.

CHANGED HIS PLEA

Leung Yau-vnnt," who was ken- tenced on May 18 to four years' imprisonment when he was ap prehended ana) charged with re- drning from life banishment, made an unauerathil appeal. He was not legally represented.

Leung now told his Lordship that he pad only come to the Colony to exhume his mother's re- mains.

The Chief Justice said that the Court was not favourably disposed to any person who changed, his story and dismissed the appeal

BETRAYED BY FRIEND

Hu Wah, who was convicted on June 24 for having in his posses-

tral Magistracy yesterday charged with theft at a jacket from 32, Wing Lok Street, he pleaded that he was driven to steal by poverty and asked his Worship to give him a hawkera licence. "He is fairly well-known to the police. He greeted Inspector Murphy in the detectives office." remarked months hard labour was inflicted Acte. Insp. Hopkins Three

SUICIDE ATTEMPT

Leung Pul-chun, of Canton was found in a room at the Tung Fong Boarding house, 273. Des Voeux Road West, suffering from the effects of lysol poisoning believed to have been self-administered,

tence of seven years excessive for possession of two counterfeiting moulds.

alou certain ostriterfeiting moulds The Chief Justice replied that also made an unsuccessful appeal. he could not allow the appeal and He said that a so-called friend dismissed it, adding that the sen- brought the charge against him, tence was to run from the date of and that he "considered the sen conviction,

COOLIE SENTENCED

On charge of breaking into the second floor of No. 34 D'Aguilar Street and stealing a quantity of electric wires and kron bars, Litt Tung, 34, street coolie, was sen- tenced to three months' hard la- bour by Mr. K. Keen at the Cen- tral Police Court yesterday morn- ing. Acting Insp." Hopkins prose. bound cuted. The accused was over last month for theft.

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