1937-09-14 — Page 2

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HONG KONG DAILY PRESS, TUESDAY, SEPTEMBER 14, 1937.

DEATH SENTENCE IN

SINCERE TRIAL

Au Hing To Hang

FIRST ACCUSED OBTAINS ACQUITTAL

"It is dangerous to convict on the testimony of these accom- plices (Ko Wah-tak and Leung Wong) unless you are satisfied that either or both of them are corroborated by outside, un- fainted testimony," remarked the Chief Justice, Sir Atholl Mac- Gregor, in bls summing-up to the jury, at the Criminal Sessions yesterday, in the case in which L Fook-cheung and Au Hing were respectively charged with procuring and murdering David Chan-sze, managing director of the Sincere Company, at Prince Edward Road, on May 13.

After a lengthy summing-up the jury, after remaining for tif- An In Court, returned a verdict of not guilty against Li Fook- cheung, accused of being an accessory in the murder, whilst Au Hing was found guilty of murder and was sentenced to death,

an accomplice. That is a pitiful and colourless word in which to describe a ghastly degenerate such as he admittedly has been through- out. There is nothing in the evl dence of any independent witness or in the conduct of accused cor-

Mr. H. G. Sheldon, K.C., and Mr. J Whyatt. Assistant Attorney- General, conducted the case for the Crown. I was defended by the Hon. Mr. Leo D'Almada, "Jar.. instructed by Mr. Leo D'Almada, Snr, while Mr. D. J. N. "Anderson, instructed by Mr. F. I. Zimmern. | roborating that story. It is with- appeared for Au.

The jury empanelled for the case were-Messts. C. M. Hail (Fore- man), Yue Ping-yul, Yuen Cheung- wan, Lo Wal-cheong, J. Akber. M. Mas, P. P. Archipoff.„

SUMMING-UP

His Honour declared that on the night of May 13, Mr. David Chan Sde was brutally murdered as he was crossing Prince Edward Road From beginning on his way home. to end there was nothing to show provocation of circumstances i which he met his death that would réduce the killing from murder, to manslaughter. The jury's duties, therefore, were simpler than they might have been, for the only choice open to them was between two verdicts, guilty of murder or not guilty.

one.

in your province as a jury to con- viết on the uncorroborated evi- dence of an accomplice, but I do solemnly warn you that it would be a most dangerous thing for you to do."

THEFT OF PEN IN POLICE

STATION

Unemployed Fined

Ten Dollars

Lo Tak Wan, aged 36, unemploy ed, either has a distinct disregard for the law or be must like police stations Here is the story.

Lo entered the Shamshulpo Po- lice Station. walked past the charge room into the Interpreters' Room and there helped himself to a fountain pen.

At the point of leaving, however, Lo was observed by a station "boy" and his game was up.

Lo was searched and the pen was found in his possession. He was charged and made his ар- pearance at the Kowloon Magis- tracy yesterday when he pleaded guilty to theft.

Det-Sergt. F. Nolan, who pro- secuted, told the Magistrate, Mr. E. Himsworth that Le was found Jr. the Yaumati Police Station some time ago.

Lo Tak Wan was fined $10 with the alternative of one month's hard labour,

$1.800 FINE

Woman Who Smuggled Opium Into Colony

Being told by an informer that some prepared" opium was about to be smuggled into the Colony, a Chinese Revenue Officer success-

PROFESSIONAL ASSASSIN The evidence against Au Hing was stronger than the first, be- cause, unlike the latter, he had not seen at to give evidence, He was a free agent, and might have come to the witness-box, as id was man enough to do, given his own ver-fally confiscated 33 teals of the drug from a Chinese spinster who slow, subject to the risk of cross-

was about to disembark from the examination. If he was not pre- pared to do that, he might have 5.5. Sul Tal, berthed at the Canton

Wharf on September 11.

made an unsworn statement from

the dock.. But he did not do so. either way.

the murder? He had not taken the slightest pains to enlighten the Court of his movements, and this

was

wx.s

The accused, Wong Yuk-lau, ap- peared before Mr. B., F. Balfour yesterday, at the Central Magis- tracy and found gulity of possession. It was said that when the s.s. Sul Tal arrived the de- fendant was searched and some mooncakes in her possession were Alled with opium.

In detence, the accused stated that a man offered her $10 to take that parcel ashore and she ignorant of the fact that the con- tents were opium.

was

The magistrate took a serious view of the case and a fine of $1,800 with the alternative of n months imprisonment, was impos..

He was not on trlarTor being a heroin addict, and what could be The case had been an unusual caster for an honest man than to It was happily rare indeed say that he met Wong and Ko that two self-confessed participdivans and had nothing to do with during one of his visits to the

ants in the brutal murder. two men who callously admitted that they were prime movers in the crime, stood in the witness-box instead of the dock. To bolster up their case, the Crown had been forced to put these two men, Ko Wah-tak and Leung Wong, in the witness-box instead of the dock,

"The uncorroborated evidence," His Lordship continued, "of an ac- complice is admissible in law, but it is my duty to warn you and warn you solemnly and strictly of the danger to convict either of the two prisoners on the uncorroborated testimony of. Ro and Wong. When I say uncorroborated I mean by that word as much as this: that when Ko and Wong agree in any part of their stories, neither of them corroborates the other. The principle of law is that one accom- plice cannot corroborate the other. The reason is. I think, obvious, In the nature of things no-one knows more of the details of "the crime

a point which the jury should give due weight,

Referring to the question of mo- tive, his Lordship said that so far as Au was concerned, the motive need not give them much anxiety. He had been stated by friends and foes alike to be a professional, ed. ass238 Ti, to whom $25 was inanitely better than the life of an honour- able and well-known man. That' was the motive with him, and the Jury need not go more deeply into

than one who has admittedly been

an active part'cipant, and to no- one is it more easy to attribule a share in the crime to an innocent man.

the springs of human nature,

As regards LI, the position was d'fferent. Mr. Chan W19 the

managing director of Sincere's, and self had been a director. It was until quite recently, prisoner him true he had not been re-elected,

but it had not been suggested that this was due to any reason detri- mental to his character or ability. He had for some time been over-

drawing from the Company, but that was by no means unique.

..

PROFOUND GRATITUDE

MEDICAL RELIEF FOR WAR ZONE

In view of the urgent need for medical relief in the war zone, the "Chinese Medical Relief Asso- clation" has been formed by the student body of the Hong Kong University. Its aim is to render

assistance to the sick and wound- ed by sending them necessary re- quirements for medical aids,

!!

In order to facilitate their work. the co-operation of the student bodles of Hong Kong is recessary. Two representatives from each He owed. at the time Mr. Chan

school are requested to attend the was put into supreme control of

next meeting on Monday, Septem- the Company, between $7,000 and $8,000, and was asked to pay back bez 20, at 5 pm., in the Union Assembly Room of the Hong $2,000 within two months and thereafter $100 a month. So far as Kong University Union. or both of them are corroborated they knew, he had complied loyally

UNTAINTED TESTIMONY "It is dangerous to convict on the testimony of these accomplices un-|| less you are satisfied that either

easy conditions.

by outside, untainted testimony. with these terms, and in Septem- When I speak of corroboration it is ber, 1936, wrote a letter of tirely at fault, as what he said was not sufficient to And someone gratitude to Mr. Chan for his kind-only in connection with the articles among the witnesses who speak of | ness in allowing him to repay him- of the association concerning the some matter in detail relatively un- self of the indebtedness on such granting to the Sincere Co., Ltd., important. It should be corro-

of supreme control over its sub- boration on something directly im- Motive was a matter of utmost įsidiary companies. plicating the prisoners.

importance, went on his Lordship.. If the jury accepted Mr. Watson's "Another point which is vital He dared say the jury was well ac-story, the motive was there. All that you should bear in mind is customed with the truism that mo- this happened during the summer that although the prisoners sit side tive was unimportant in a case of of 1936, and it was a little unusual by side and under the same indict- |.murder,

In the experience of things to 35- ment, their cases are completely But there was one matter which sume that Li had a temper so slow distinct. So distinct are they in established his motive quite clear-that it took him from the time fact that it has not been suggestedly. Some time last summer, all to fever heat, while in the mean- that the first accused had ever was not well with Sincere's. They time- most friendly letters inter- met the "second or that he knew were in a very shaky position in changed. Not a soul bad" been in- the other by name or even by deed, and had it not been for the vited to step into the witness-box sight until their arrest. Consider rescue work done by the Hong to say I had notorious aversions them separately and it will be Kong and Shanghai Bank, it would against Chan. within your province to return dif- have been ship-wrecked complete- Further, there was no mention ferent verdicts against them if, ly. In ordinary circumstances it that Chan was his enemy, when Li after due consideration, you are would be a matter for profound was alleged to have asked Ko to convinced to a certainty that one gratitude on the part of L, as his do away with him. The jury must is guilty while the other is in-velihood depended on the con- be satisfied, on the most tainted nocent."

tinuance of Sincere's.

evidence, beyond any shadow of Dealing with the case for the Dealing with the interview which doubt that there was a most pro- Crown, his Lordship stated that it Li had with Mr. Watson, his Lord-found motive to inspire the first

confessed he❘ prisoner. depended entirely, up to the time jahip declared he

J

of the murder, on the testimony of found it a little difficult to under- I had not only given evidence Ko. After reviewing Ko's evidence stand why the intervention of the in which he gave his own version his Lordship remarked that there. Bank to help Sincere's should of all his relationships with Ko, was not a scintilla of corrobora | evoke such d'alike on the part of but he called three witnesses who tion from any outside witness. Li. Mr. Watson had told the Court were material; -in-that-the object-

that, L. informed him that the for calling them was to establish on Li's case, his Lordship said: directors had not accepted the an alibi for himself on May 13 and "The story against the prisoner to the conditions, whereaš Li sï'd to refute Ko's story about the date Ko's story and no-one else's. He is Mr. Watson's recollection was en- on which he wrote the note,

In concluding his summing up

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