1938-04-23 — Page 2

PAGE 2-HONG KONG DAILY PRESS

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COURT'S

MANSLAUGHTER CLAIMS FOR

SENTENCE APPEAL

Deceased's Statement Not Touched Upon

it required

RE-POSSESSION OF PREMISES

Also For Mesne Profits

USED BASEMENT FOR LIVING PURPOSES

Summons Against

· House Owner

Announcing that

Two claims for re-possession of

Un Wal, owner of No. 32, Star time for consideration the Court his premises, together with mesne Street, was summoned before Mr. of Appeal, comprising the Palanie profits of tenants, were brought H. R. Butters at Central Magis- Judge, Mr. Justice R. E. Lindself, by Mr. A. F. Xavier before the tracy yesterday" for permitting and Mr. Justice J. A. Fraser, yes- Pulsne Judge, Mr. Justice R E the basement of the premises ta terday adjourned till May 4 the Lindsell, in the Summary Court be used for habitation appeal which Fateh Khan, one of

ruary 11. two Indian guards found ́gulity manslaughter and sentenced to life imprisonment at the last

Criminal Sessionă, brought against his conviction or, alternately, against the excessiveness of the

sentence.

yesterday..

On Feb

Assistant

One action was against Chow Mr. M. J. Abbott. Kung-choe of 481 Nathan Road, Grown Solicitor, prosecuted, but ground floor.

It was stated by Inspector Ban- Mr. F. X. d'Almada, Jar., on wall, of the Sanitary, Department, behalf of Mr. Xavier said that that on January 3 he visited the basement in question and found Chow had rented the premises a. $35 per month,

two persons sleeping on wooden and a month's notice to quit was served on hin beds, which is against the

dinance.. on February 25...

or-

On the Jame day defendant approached Inspector Banwall and requested the matter to be overlooked. promising to prevent recurrence of the offence.

Also appealing, against sentence, is Sher Zaman, the other man convicted in the case. The ap

Defendant agreed that he has peals are being taken separately; -

It will be recalled that the two received notice to quit, but claim men were charged with the mured that he called on Mr. Xavier der of a fellow Indian guard on after its receipt and asked him Green Island In February, the allow him to stay on, and M Crown alleging that Khan held, Xavier told him that he could down the deceased while Zaman stay on if he paid up his arrears' rained 30 or more blows on himlin rent, and defendant had done

On February 11, by virtue of a with, a big stick, breaking bothļso.

night "warrant." Inspector Banwall | his legs and inflicting terrible

villed the basement again BEO Mr. d'Almada replied that he found it to have been furnished Injuries from which he died short-had no notice of the fact. ly afterwards.

The hearing was adjourned for led for a summons against Ur]

| for Hting_purposes. He then ap

Mr. d'Almada to take Instructions

Wal.

KIND JURY

CANNOT FIND PLACE

1

SECOND VISIT

A divergence of opinion regard-

·0%. the application

the different section of the Ordinance! under which the summons 'was taken out between the" Magistrate and the Assistant Crown Soli-

caused cltor

the case

be

to

Following a very lengthy sum-from plainti ming-up by the Chief Justice; the The second claim was against Jury returned a verdict of guilty Sung Ming-luen, of 481 Nathan of manslaughter after a retire- [Road, second floor. ment lasting less than 20 minutes, |,- and in passing sentence His Lord- ship remarked that the accused Mr. d'Almada sald the flat was were singularly fortunate in hav-rented to Surig for 36 per month. Ing. been tried by a jury of the and notice to vacate was also adjourned til May 5, when an kindilest outlook he had known. made on February 25,

official of the Urban Council Sunz sad he could not

whose And under

Instruction the Zaman is being represented by Mr. H. Somerset Fitzroy, Instruct-another place, owing to the large summons was taken, will appear ed by Mr. CAS. Russ, while Mr., influx of people into the Colony. to give evidence.. George She. Instructed by Mr. He also used the premises as П Three other Summonses for A.3.K. Lau, is appearing for Khan. school.

similar offences were also ad- journed.

די

Both had defended at the trial. . Mr. d'Almada sald Sung was in Mr. E. H. Williams. Assistant | arrears with his tent. There was Attorney General, represents the no question of notice to quit being Crown.

due to the raising of the rent.

A

The appeal started on Tuesday morning, when Mr. She made his submissions for Khan and Mr. Williams began his reply

TH

DECEASED'S STATEMENT Yesterday Mr. Justice Lindseil said to Mr. She that in regard to the fourth point that he had

made after it had been suggested

Sung claimed he had paid up all the arrears in rent, and said he asked Mr. Xavier to allow him to stay oh. but plaintiff gave 30 definite answer. He added tha Even if he found a place. it had first to be approved by the Educa tion Department and the Urban

Councell before it could be used as

by Mr. Fitzroy at the last hearing, a schools the! Court desired to Know His Lordship made an order for whether the evidential value of plaintiff to take possession of the the statement of the deceased had premises within 14 days. for mesn been touched upon at any part prufts up to the date of possession of the trial. Mr. She said he did at the rate of $35 per month. and

costs. not think it had.

Mr. Williams sald he did men- tion in his opening that second accused had remained silent.

Mr. Justice 'Lindsell: Was it touched upon in any of the final addresses?

Mr. Williams: No.

J

Suns: But I cannot find another place for my school.

His Lordship: I can't he'p that Plaintiff is entitled to possession

..

Mr. She: I did mention that YUEN LONG FIRE

DAMAGES SHOP

silence on the part of second accused was hot evidence of guilt. As far as the evidence was .con-. cerned that was all I had to say.

Fokis Remove Aged Inmates And Children

MADE COHERENTLY · Mr. Williams, resuming his reply, said Mr. She had mentioned that the dying man on the way to Hong Kong made a statement but the sergeant decided the de-

The Yuen Long Fire Station was ceased was not in a condition to do so. But his original statement. summoned shortly after. 2 a.m. made in the presence B56. yesterday morning when a fire Guard No. 26 and Mr. Balley, was broke out in a shop in Hop Wo

Street, Yuen Long. made coherently.

of

The fire was extinguished with- In conclusion Mr. Williams sub- mitted that it was not without in an hour and was prevented from significance that the jury had de-spreading to the adjoining shops. liberated for only about 20 No one was hurt although ex- minutes before returning their tensive damage was suffered by the owners of the shop, their goods verdict, showing they had no doubt that there was sufficient being damaged by both the fre

evidence against both men.

and water.

It is understood that immediate- VICTIM OF DEDUCTIONS'

ly upon the outbreak; fokis of the Mr. She said from what he

shop assisted in removing the could gather from Mr. Williams aged inmates, who were asleep at. reply, his client was a victim of deductions because the whole case against him seemed to be bullt up on deductions. If their

the time.

Lordships attached no importance EMBEZZLEMENT

to the statement made by de- ceased, then there was not a title

of evidence against second ac- cused. He submitted that the verdict should be set aside, other- wise there would be miscarriage fof justice.

ALLEGED

Australian-Chinese

After asking Mr. Fitzroy whether Faces Court Charge

The preferred to reserve his case till a decision had been given in this one. Mr. Justice Lindsell an- nounced the adjournment.

į

James Ernest Ng, an Australian- bom Chinese, faced a charge of embezzlement before Mr. ̈ R. Ed. wards at the Central Magistracy yesterday and was remanded for

DODWELL BUNGALOW three days.

ROBBERY

Ng was employed as a book- keeper in Mesars. Williamson and Practically all the property, in- Company, P. and O. Building. It cluding jewellery and money to the was alleged that in October last value of nearly $8,000, which was year he fraudulently embezzied; a stolen from Dodwell Bungalow last sum of $1,000 belonging to his Sunday, has been "recovered.

firm. We

Police enquiries have resulted in MA W. A. Mackinlay appeared the arrest of one man, who has on behalf of Messrs. Williamson been charged in connection with and Co., while Mr. F. G. Nigel was the robbery.

for the defence.

FORGED NOTES CASE AT SESSIONS

Two Men Sentenced

To Five Years' -

Hard Labour

Sentence of five years' hard labour each was passed by the Chief Justice, Bir Atholl Mac- Gregor, on Yang Pick and Chan Kim when they were convicted at the Criminal Sessions yesterday on five charges of possession of forged Chinese batiknotes, total- ling in value $9,600, and оде charge of possession of Instru- ments t for the manufacture of banknotes.

There were originally three men arraigned on the charges but one was discharged on Thursday, His Lordship holding that there was no evidence against him....

All had pleaded not guilty and the following jury tried the case: -Messrs.. BJ. Lacon (foreman), Wong Kwal-yin, K. Brock, Tung Hat-leung, D.K. Paul, Ng Pak-king and Chung Bik-wing.

The Hon. Mr. Leo D'Almada e Castor, Jnr, instructed by Mr. |MA. da Silva, defended, while Mr. F.H. Williams, Assistant Attorney General prosecuted.

SATURDAY, APRIL 23, 1938.

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