1937-11-04 — Page 2

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THE MILWAUKEE ROAD

HONG KONG DAILY PRESS. THURSDAY, NOVEMBER 4, 19377

COMBATTING

CHOLERA

"Continued from.Page 1)

I

What we are mostly concerned with is the future and if as a re- sult of what we write such dis- graceful incidenta as happened "during the recent epidemic were to be obviated our labour will not have been in vain. For that rea. son we must differ from the then the Hon. The Colonial Secretary In his extraordinary answer vouchsafed to the Hon. Dr. Li Shu Fan at the recent meeting of the Legislative Council. The then Colonial Secretary rejected the Hon. Dr. Li Shu Fan's plea for storage or an adequate stock of vaccine in the following words: "As matters stand there is little to be gained by storing up vast quantities of vaccine which will -only last two years so long as sup- plies can be obtained without ficulty from elsewhere. EXTRAORDINARY

STATEMENT

A MATTER OF

FACT, NOT LAW

CNA.C. Appeal Succeeds

SINCERE CASE RECALLED

AU HING PAYS PENALTY

Murder Of David

Chan See

Declaring that the whole case" was not a matter of law but a matter of fact, and holding that the law implied the intent but had

An enquiry was held at the Cen- nothing to do with the case, Mr. Eldon Potter, KC., who appeared tral Magistracy yesterday into the for the China National Aviation death of Au Hing. prisoner No. Corporation in the appeal against 683. Mr. R. Edwards, Second Po- as Coroner the order of the Chief Justice, Sir lice Magistrate, sat Atholl MacGregor, attaching an and was assisted by a jury com- the apprising Messrs. L Goldman (fore- aeroplane belonging to

man) Ho Man-lam and MY.T.W, pellant firm in connection with an alleged indebtedness or s60,253.04, Fiennes. to the effect that the. crder be re- versed and rescinded, obtained per- mission with costs.

The appeal was heard by the Full Court of Appeal comprising the Pulsne Judge, Mr. Justice R. E dif-Lindsell, and Mr. Justice J. A

Fraser, at the Supreme Court yes- terday.

Opening the appeal, Mr. Potter outlined the facts and referred to affidavits and affirmations filed by the parties, after which he quoted authorities, in support of his case Continuing. Counsel claimed that the whole case was not a matter of law but a matter of fact, pointing out that the law implied the intent but had nothing to do with the case.

Mr. Eldon Potter, K.C., "together In the light of Hong Kong's ex- with Mr. Gcorge She, appeared for perience during the epidemic just appellant firm, whilst the Texas concluded that statement is ex- Company trespondents) was re- traordinary. The Colonial Secre-presented by the Hon. Mr. Leo tary admits that cholera is not D'Almada, Jnr. endemic in Hong Kong and that the people are, therefore, mare susceptible to the disease than they would be if they had had the chance of acquiring partial im- munity. The Hon. gentleman also admits that the high death rate was due to the poor physical con- dition and under-nourishment of most of the sufferers. In other words, it is realised by officialdom in Hong Kong that this colony's notoriously under-fed and under- nourished masses are an easy prey to epidemics. If that be so, then It is all the more reason why strict precautions should be taken to see that every conceivable de- vice known to medical science within the reach of the colony's purse should be made available at a moment's notice in the event of the outbreak of an epidemic, es- pecially a cholera epidemic. The money invested in a stock of vac--granted cine sufficient for dealing with a major epidemic would never be grudged by the public.

In order to save 'lengthy argu- ment and various quotations of law, the Hon. Mr. D'Almada at this stage, intimated to the Court that he agreed with Mr. Potter that the by the Chief decision rendered Justice was made according to law and not to fact,

After dealing with the judgment Potter submitted rendered," Mr. that the appeal should be allowed. On the request of the Hon. Mr.

D'Almada a short adjournment was

him to enable him to confer with his clients.

On the resumption of the Court, after a 25 minutes' recess Mr. D'Almada said:

"May it please your Lordships, during the adjournment I have had occasion to consult my clients in connection with this case and my views are that I cannot support my Lord the Chief Justice, in his Andings"

Counsel continuing, said that it was perfectly genuine to obtain

It seems extraordinary that the should then Colonial Secretary make the assertion that there is "little to be gained" by storing up such a

stock without cousulting the public on the point. After all, it is public money that will pay for it. From humanitarian standpoint alone, we submit, such a mercenary excuse as advanced by the official concerned is un-payment of the debt due, particu worthy of the Government of this larly as repeated demands were

made and promises to colony.

not fulfilled. He agreed that the only procedure to set aside the judgment was the present one and he felt he could not argue the case on the question of fact and there- fore agreed with hla learned friend, Mr. Potter.

1.

+

(To Be Continued)

BEACH THEFT

pay were

Mr. Justice Lindsell: It follows then, of course, that this appen! .s

One of a gang who had been operating on the beach at Big Wave Bay, Lam Hol. 19, of Bhek-O, was given one month's hard la bour by Mr. R. A. D. Forrest at the Central Magistracy yesterday when he admitted stealing a la- dies' hand-bag containing $22, five shillings and various articles, Mr. Potter. and a-watch-

were

The complainants

Miss Wikeley and Mr. Mackie respec- tively and the thefts had been 'committed on August 31 and October 21S

Inspector A. Wright prosecuted and said 'defendant had admitted five other similar larcenies but the complainants could not be traced Regarding the present charge an cther man had a little while ago been sentenced for receiving the articles mentioned.

DEATH OF MRS. ANN SHEWAN

allowed with costs and I may add that both my brother, Mr. Justice Fraser, and I feel very strongly that there was great subetance in the arguments addressed to us by

HIGHWAY ROBBERY

SEQUEL

勇

Au Chu and Shum Tak-lin, the latter a woman, were brought be- fore Mr. R. A. D. Forrest at the Central Magistracy yesterday for the commencement of committal proceedings against them on a charge of highway robbery.

Détective Sub-Inspector WN. Darkin, prosecuting, said the de- fendanta bad taken complainant, Lam Wo-yuk, 27, married woman realding in Hollywood Road; in a car to Kennedy Road on October 14. There first defendant threa- The death of Mrs. Ann Shewan tened.her with a knife and had occurred at the French Hospital robbed her of $30 Hong Kong cur- yesterday morning. Born in the rency, a deposit receipt for $450 Isle of Wight, deceased had been on the Wing On Bank, $5 Canton in the Far East since 1892.

money and a few dollars in Hong Formerly head of Fairall Fash-Kong. and Canton subsidiary lons, a thriving Hong Kong bus-coins.

ness, Mrs. Shewan retired some After evidence corroborating the years ago, when she married the statements made by the prosecu-

Chief Warder H. Barrett, Hong Kong Prison, said that at 3.02 a.m. yesterday deceased was executed in accordance with the law. At 10 a.m..he identified the body at the prison Mortuary as that of Au Bing, condemned prisoner No. 683.

Wis

Dr. G. Ingram Shaw said he carried out a post mortem exa- mination on the deceased at 11:30 a.m, and found that death due to shock and dislocation of the first and second vertebrae as a result of judicial hanging.

The jury returned a verdict of death by judicial hanging in ac- cordance with law.

The execution of Au Hing brings to a close a dramatic criminal episode rivallving in public inter- est the famous Cheng Kwok-Fau

case.

When, last month, Au Hing was sentenced to death for the murder of Mr. David Chan See managing director of the Sincere. had Company, he

been out of prison for only a few weeks after serving a sentence of Afteen years for a brutal attack on a European lady. For the crime for which he. has paid the Supreme penalty he was paid $25 to kill д man who was pointed out to him by his employers, a man whom he did not know and against whom he had no grudge.

Au Hing was defended by Mr. D. J. N. Anderson at he Criminal Sessions.

""

POLICE REPORTS

A 17-year-old girl, Yuen Wah, attempted to commit suicide on Tuesday by Jumping from the third floor of No. 85 Third Street into the backyard,, according to a Police was taken, to the report. She Queen Mary Mary Hospital with her right leg fractured and other injuries.

..

:

•

A report was made to the Police' by Capt. Mackintosh Walker, of the Seaforth Highlanders, of the loss of a basket containing a quantity of cricket kit, flannels, etc. from his car outside the Hong Kong Club on Monday.

The Rev. W. MacDonagh report- ea to the Palice, that while walk- ing in Queen's Road Central, near the China Emporium, on Tuesday,

he lost or had stolen from him s

leather pocket book containing money and valuables to the valuc of $60.

- Laŭ Wong-wal; 10, `a" victim of the Kowloon City fire of Monday night, died yesterday as a result. of the terrible burns he received. He is actually the second victim. On Tuesday it was reported that two were dead, but that was in- correct it is now ascertained. The Arst victim was also a boy of ten.

KILLED INSANTLY

A child was killed and a woman, LA Sze-koo, 53, seriously injured at Queen's Road West, near Posses ston Street, yesterday morning, as - a result of being knocked down by Austin Seven, No. 2840,” driven by Mr. John Poon.

Enquiries from the Police elicited the information that the driver was proceeding from east to west about 9.20 am, when the woman suddenly ran across the road from left to right with the child in her right arm. He immediately, swerved and sounded the horn twice, but the woman, her view apparently obstructed by the child continued running and was knocked down by the left head lamp of the car. -

The child was killed instancous-

Juries to the head and body. She was taken to the Queen Mary Hospital where she is receiving treatment.

Late Mr. William Shewan, tem tlon had been given by complain, while the woman received, in- brother of Mr. Robert Shewan of ant and two other witnesses, the Messrs. Shewan, Tomes and Com-case was remanded till to-day. pany. Her husband died ten years ago, and since then she had been living quietly at North Point..

A keen gardener, deceased was also interested in different chart- ties, being a member of the Mo ther's Union of the St. John's Cathedral

HUGE FINE FOR OPTUM POSSESSION

·BANISHEE RETURNS I came down here because my house in the country had been destroyed by the Japanese and I wanted to get some money from aunt," zald Tsui Stu-po, my

A fine of $5,000 or six months' hard labour, was inflicted on Leung Tong, 25, boatman, when he plead Mrs. Shewan had numerous ed guilty before Mr. R. Edwards it friends in Hong Kong, and has re- the Central Magistracy, yesterday latives In Bagland and in Van-to possession or prepared opfum couver, B.C.

on the 83 Kin Shan at Wing Lok banishes, when he was brought

The funeral is being held to-day Street' wharf on November 2. before Mr. R. Edwards at the Cen- and will pass the Monument at 5 Benior Revenue Officer A. W. Grim-tral Magistracy yesterday. He was

mitt prosecuted--

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