1937-07-27 — Page 2

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HONG KONG DAILY PRESS TUESDAY, JULY 27, 1937.

SEIZURE OF

W

OPIUM RECALLED

Claim For £10,000

Four barristers, including two King's Counsels, appeared before the "Acting Chief Justice, His Hon- our Mr. Justice C. G. Alabaster, K.C., at the Supreme Court yes- terday, when a sequel to the seizure by the Chinese Maritime Customs at Shanghai of 100 cases of opium, valued at £17,000 in 1830 which resulted in a claim brought by the owners to recover £10,000 from the carriers, was heard.

The plaintiffs (The Bank of Talwan Limited and Messrs.

and H.S.M.R. Kazerooni

Saha, merchants of Bushire, Fersta) were represented by Mr. Eldon Potter, K.C. and Mr. H. C. Macnamara, in- structed by R. A. Wadeson, of Messrs. Deacons, while Mr. H. G. Sheldon, K.C.. and the Hon. Mr. Leo D'Almada e Castro, 'Jnr., in- structed by Mr. D. H. Blake, of Messrs. Wilkinson and Grist, ap- peared for the defendants (Rick mers Rhederal A.G., owners of the 5.S. Claus Rickmers).

The statement of clalm set out

that the plaintiffs were the dwners and the Bank of Taiwan were the pledgees of the opium. Defen- dants, by MacKinnon, Mackenzie & Co., their agents in Hong Kong. shipped the oplum at Hong Kong | on November 13, 1930. consigned un a bill of lading to Cornabe, Eckford and Winning at Dalten. The opium was not delivered and plaintiffs suffered a loss of £17,- 000 through the confiscation of the cargo by the Chinese Maritime Customs la Shanghai, the con- "fiscation having been brought about by the negligence of defen- dants in making a breach of the regulations governing the import of of oplum into China.".

The claim was, therefore, for the 1pss of the cargo carried on the bill of lading; alternatively, rot damages caused by negligence.

LIABILITY, LIMITED

At the commencement of the case Mr. Potter said defendants had pleaded the Carriage of Goods by Sea Ordinance which limited their liability to £100 per case of oplum. This reduced the claim to £10,000 which was agreed upon as the sum to be converted into local currency at the date of conflsea- tion if plaintiffs succeeded.

In the defence to the claim, de- fendants were relying on the "Res. train of Princes" clause" for non-

CENTRAL COURT CASES

Bus Accident Recalled

of

YOUTH SENT TO PRISON

Appearing before Mr. Thomson yesterday, Tip Kau, aged 24, was | TAMI charged with larceny of $15 from stall at No. 6 Met Lun Street

Inspector Armitt stated that the defendant came near the com- Was At that time

An Inquest Lite the death Chan Hing, who met his death on July 3, through being run over by a bus was held yesterday when Mr.plainant who Thomson sat as Coroner. assisted

by a jury comprised of Messrs. L Kai Hing (foreman), Lee Tse Yin and Lam Ting.

Medical evidence was given by Dr. Begbie, Medical Officer of the Victoria Mortuary, who stated that the deceased had

compound

fracture of the skull. and multiple injuries on the left side of the body. His opinion was that the multiple in- cause of, death was juries caused by a heavy vehicle running over the left side of the body

Evidence was given by the bus driver Tin' Yuk Sun. who stated that on the night in question he was returning to town from Tal- koo and while going through Lockhart Road near Wanchat, a male dashed out from the side walk. He stated' that he tried to swerve but caught the man who was run over by the rear wheel.

The jury returned" a verdict of death by misadventure and stated that no blame was attached to anybody.

counting money. The defendant" snatched some of the money which started a chase, ending with the arrest of the defendant at Gough month's imprison- Street. One

ment was imposed.

who

BAG SNATCHER IN HOSPITAL

A remand of one week Wha granted by Mr. Thomson" yester“ day when Inspector Kirby stated that Au Kal, bag-snatcher, was to appear in Court charge of larceny of one hand bag containing $11.50 injured himself to such an extent that he is now in the prison hospital.

022

L

THEFT OF BRASS FITTINGS Appearing before Mr. Thomson at the Central Magistracy yester- day. Lau Hong, unemployed, was charged with larceny of two brass Attings from Ho Hon-hoon, shop- keeper of No. 9 Des Voeux Road.

Inspector Kirby stated that on July 24, the complainant engaged the defendant to carry some fit-.. tings and after taking them to the USING YOUTH AS CATSPAW.

destination the complainant found Chan Kuch aged 16, and Tse, two were missing: The defendant Kan, aged 25, appeared before Mr. was arrested and the fittings were Thomson yesterday when the first found under his mattress in Upper defendant was charged with lar-Station Street. His Worship sen- ceny of four cattles of fresh fish tenced him to two months' impri- while the second defendant was sonment. charged with alding and abetting the first defendant to commit the larceny.

Sergeant Bentley stated that the second defendant was responsible for the selling of the gave the lad five cents to commit the thief.

fah and

ELECTRICIAN IN COURT Appearing before Mr. Thomson at the Central Magistracy yester- day. To Sang was charged with larceny of over $100 worth or elec- trical fittings from No. 12-14 The Peak, the property of Messrs Wm. His Worship discharged the first C. Jacks and Company. The de- defendant while the second was fendant was represented by Mr. sentenced to six weeks' imprisons. Ng Quirin, who dented the ment.

I

charge. TRESPASSER FINED

In connection with the case, Ho Appearing before Mr. Thomson Ping, master of the Central Elec- at the Central Magistracy, "yester-trical Shop, was charged with re- day Chan Sam. aged 25. "was ceiving stolen electrical Attings. charged with trespassing on Crown He was again remanded for an- Land. Sub-Inspector Armitt stated ther 72 hours. that the defendant was picking spent shells from the revolver range at Kennedy Road. This was the second offence in a week of this nature

His Worship imposed a fine of #60 or two months' imprisonment.

THIS ONE FELL ASLEEP! Appearing before. Mr. Thomson at the Central Magistracy yester-

TREE CUTTER FINED Appearing before Mr, W., Scho- feld yesterday Chau Mei-tal, aged 27, was charged with unlawful possession of 80 cattles of wild trBE wood. at Jaland Road near Tin Han Temple.

His Worship imposed a fine of $25 or three weeks for the first

the second.

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delivery of the cargo. Counsel day Mak Hi. aged 25, 2 banishee offence and $10 or three weeks for MASTERS THE HAIR

would submit they could not plead that clause because the importa tion of opium to China was pro- hibited, and oplum in transit was admitted under very strict rules drawn up by the Chinese Mari- time Customs, which rules the de fendants had broken. This breach brought about the conáscation.

Mr. Potter suggested that the re- gulation was easy to comply with and any reasonable man would obey it, to protect his cargo.

VERBAL REPORT

THERMOS FLASK STOLEN | Leung Tak aged 24, unemployed, appeared before Mr. W. Schöneld

was charged with returning to the Colony. Inspector Shannon stated that the defendant was banished for ten years on April 13 last. The defendant stated that he fell asleep whilst on a coaster-vessel yesterday when he was charged and was carried down, to Hang with larceny of a thermos flask at Kong without his knowledge. Ha Worship sentenced him to one year's imprisonment.

STOLE FROM DETECTIVE A sentence of two months' was imposed by Mr. Thomson yesterday when Kwal Keun was charged with Jarcent of a fountain pen. Inspec- Going over the facts, Counseiter Shannon stated that the de- said the agent in Hong Kong did fendant pulled, the pen out of the not notify the agent in Shanghai lacket pocket of a plain-clothe of the oplum, though it was known Chinese constable here days before that the cargo

SNATCHER CAUGHT

Connaught Road West, near Wing Lok. Street Wharf. The 'defendant admitted the charge and a fine of $20 or six weeks' hard labour was imposed.

WOMAN BOUND OVER Appearing before Mr. Schofield yesterday, Yuen Wai, a woman aged 60, was charged with posses- Blon of three-and-a-half pounds of of dutiable tobacco, Hidden round her waist, In a bag. His Worship.

bound over the defendant In the sum of $50 for six months.

would be shipped. The Claus Lani Hal, aged 21. appeared Fickmer stopped at Chan Wah before Mr. Thomson at the Central

COOLIE ADMITS THEFT Pang to unload cargo for the Magistracy yesterday when he was

Kom Wan, aged 18, coolile, ap- Chinese Government before tying charged with larceny of a purse ap at the Kiosha Wharf the same Inspector Shannon stated that the peared before Mr. W, Schofield day. At Chan Wah Pang, the complainant and defendant were yesterday-charged with larceny of Captain had verbally reported to standing side by side and defen- an iron disc, valued at $10. The dant snatched the purse of com- defendant admitted thẻ charge, „A“ & Customs officer that he had lainant's left pocket jacket. His fine of $50 or six weeks was passed. oplum on board and he made a Worship sentenced him to three similar report in Shanghai.

months' imprisonment.

A foreign officer came on board and after examining the oplum re- sealed the cases. At the interview with this foreign officer, the Cap tain informed him that it was in- tended to tranship the oplum at Shanghai because fresh orders for the voyage had been received.

Between 3 and 4 pan. For the 19th, defendants delivered to the Customs in Shanghai a manifest which, although I covered all car goes including those for tranship ment to Dairen, made no mention of the opium. The manifest was signed by the Captain and Mr. Palm, the local agent

On the morning of the following day, between and 10 o'clock, the Customs detained the oplum, and subsequent to that defendants de I'vered an additional manifest.

MR. THOMSON SITS Owing to the absence of Mr. K. Keen Thomson. Assistant Superintendent at Court yesterday. Mr. of the Export and Imports, decupl Central Magistracy. ed the Bench yesterday at the

FRIEND TURNS THIER Appearing before Mr. Schofield yesterday, Bo Shing, aged 26, war charged with larceny of a sult, a

from No. 280 Queen's Road. tountain pen and a pocket watch

Inspector Mair stated that on July 24, a friend of the complain- ant saw the defendant coming ATTEMPTED, MURDER

down the stairs with the stolen Appearing before Mr. Schofield property under his arm. At this yesterday Ho Sang-aged 33, was that person went and woke the charged with assaulting Chen, Yin complainant and had the defen

ag, intending to mb him, at- dant arrested. His Worship bound tempted murder and possession of the defendant over for 150 to be ammunition without a permit a revolver and three rounds of in good behaviour for one year.

for the prosecution, applied for a Sub Inspector Darkin, sppearing

remand of three days which was

granted by His Worship...

The position at the time of the which was not valid for Shanghai; detention was as follows: (1) No, and: (4) It had heem intimated by notification in writing was given the Captain that it was their in- to the Customs as to the presence tention to trananip the oplum, not of the oplum on board; (2) A on board a particular vessel but to manifest in expect of alp- land. It for transhipment, a pro-

ment of cargo

Ilvered to

mention of the

cedure which Counsel submitted, "no" was wholly illegal t

fine hearing of the case was ad-

POSSESSION OF TOBACCO schaneld yesterday charged with Chen Bo Eppeared before Mr W.

possession of dutiable Chinese to- bacco. A fine of $25 or one month was passed for "his" offence.

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