1938-05-20 — Page 2

PAGE 2-HONG KONG DAILY PRESS

GETROMOTOR10

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COURTS

CROWN COUNSEL PLEADS LANDLORD

FOR REDUCTION

OF SENTENCE ON YOUTH

Sessions' Trial Sequel To Attack On Taxi-Driver

FINED MAXIMUM

MADE WRONG DECLARATION TO ASSESSOR

YOUNG CHINESE IS BOUND OVER view of the bad faith shown

The case at the Criminal Sessions yesterday in which two youths, a 17-year-old Macanese and a Chinese juvenile of well-to-do family. were charged before the Chief Justice, Sir Atholl MacGregor, with assault with intent to rob a taxi-driver on a lonely road in the New Territories, had an unusual conclusion when. Mr. E. H. Williams, Crown Counsel, who had prosecuted, successfully pleaded for a reduc- tion of first accused's sentence from adne to six months' hard labour, Accused were Albert Joseph Maria Xavier and Tam Wan-tat, allas Tam Kwok-wai, alisy Walter Thompson, aged 15.

Tam was defended by Mr. G., Xavier gave me the signal to strike ahe, instructed by Mr. F. I. Zim-Him. Xavier struck him twice on the head and then threw his arms The following comprised the around him. I struck the driver Jury: Messrs. W. C. Weston (Fore-cue blow with my fat and then mani, Chan Chiu-fal, T. Ferguson, ran away." D. A. Webb, K. R. Quick, Chau Yu- u. and H. J. H. White,

mern.

ነነ

A DENIAL

In cross-examination, Mr. Wil- Mr. Williams said that about 9.45liams" put it to accused that the p.. on April 28 the Blue Taxicabs, reason why, the two of them had Ltd. received a message for a car gone to No. 4 Lion Rock Road, and down from the first to go to No. 4 Lion Rock Road, Ahad come taxi, driven by Leung Chun, was floor landing when the taxi ar- accordingly sent to the address rived, was to show the driver that and on arriving at the door, the they lived there. Accused denied two prisoners came down. Xavier this. sat at the back while Tam sat next to the driver.

Mr. Willams: I suggest it was you who used the weapon to strike the driver.

Accused: No.

and

the deliberate attempt to deceive the Treasury. I shall im- pase the maximum fine of $500," remarked Mr. Butters at the Central Court yesterday, when Lau Xick-chenk, of 136, Kennedy Road, Brst floor, pleaded guilty through 接 representative, his brother-in-law, to a summöns for making a wrong declaration to the Assessment of Rent Officer, concerning the amount he could abiain in rents for his flats.

The rents reported was 380 was $90 per whereas, in fact, it

month.

Mr. Jullun Ring, Assessor, was the complainant, and was repre- sented by Mr. M. J. Abbott, As- skatarit Crown Solicitor.

Mr. Abbott said that Lau Yick- cheuk was the actual man who signed the returns.

Mr. S. W. Clark, of 134. Kennedy Road,, second floor, against whom an order for eviction from the premises in question had been made, was in Court in readiness to give evidence.

Prior to defendant making the false declaration. Mr. Clark had offered defendant $105 and later 8126 for the premises, but both Mr. Clark

had been occupying the premises since August last at 890 a month.

The driver was told to go to Shatin, but near the Police Train-

I suggest you never left the taxi ing School he was asked by the second accused to take them Arst but remained there all the time? to Fuk Wah Street, Shamshulpo, to-No. I did leave it. look for a friend. On arriving Later, repeating a question Mr, there, the second prisoner left the Williams had just put, His Lore-offers were refused. car, and on returning a few min-ship asked whether there was any utes later, sald the friend was out. thing at any time, word or deed,

On April 23 defendant called The party continued their journey which could show the driver or to Shatin and on reaching Sheung any other rational being that the at the Assessor's office asking for Wo Che Village, the driver was two of them were not acting in a reduction of the assessment as it was impossible to obtain more asked to stop by the second ac- complete accord.. cused, who said he was going to Accused: I do not know how to than $70 or 880 a month.

was but look for

Remarking that this friend. As he 3

was answer that...

is this one of very many cases leaving the tax, the driver noticed he was carrying a long parcel, ap-

Colony which went undetected Mr.

parently heavy.

Abbott asked Mr. Butters to im- pose a fine that would show de- others that they must not do that sort of thing.

い

AUNT'S EVIDENCE Mrs. Wong Li-tzse, aunt of de- fendant, said he was a good boy -WAIT FOR FRIEND

prior to March 1 this year. Sha About three minutes later. Tam had never known him to break the fendant and returned and he was heard to re-law or fight with other boys. He mark that the friend had gone to became a bad boy when his father Hong Kong. Instead of reoccupy-went to hospital on March 15. ing his seat next to the driver, Tam Mrs. Tam Tsang-tzse, accused'a Joined Xavier at the back. After mother, said she reported the boy's talking for some time, one of the conduct to his father when the out from hospital, told the driver they would wait for latter came

the friend until midnight. On whereupon he sent for Xavier and hearing this, the driver put his spoke to him. But later she learned feet on the seat and closed his that her son was still going abou "eyes but did not go to sleep. Short-with Xavier.

ly after midnight, the driver sud-

His Lordship: Am I right in

WITNESS WHO FAILED TO APPEAR

denly received two blows at the saying he has been out of control TOLD TO BE MORE

back of the head and felt himself for the last month?

Witness: Yes.

Did either your husband or you

being pressed. He was active and strong, having been a boxer, and struck, out with all his might,jever give him a thoroughly good whereupon his assailants jumped thrashing?———I. 'dic.

out of the car and ran away.

When was that?-About ten days The driver followed but after a after his father went to hospital.

That had no effect? He was short chase had to give way owing to the effects of the blows. He just as bad. then took the taxi to the Shatin railway station, where he com- municated with the Police:

+1

CLUES LEFT Continuing, Counsel salę certain

3

CAREFUL

I ordered you to come here at afternoon, fully o'clock this realising that I would not be able to deal with you until well after that with the intention that you will ap- preslate fully the delay to which you have subjected the Court the Following final address and His other day. "and that you should Lordship's summing-up, the jury see how irksome that delay could returned their verdict after a short be, the Chief Justice, Sir Atholl MacGregor, said to Mr. Plug Wal retirement.

Chan, when the latter appeared. before him in the course of a case at Criminal Sessions yesterday, to explain why he had falled to come before the Court on Wednesday as a witness, after having entered into a recognisance to do so.

Mr. Williams said the prosecu- clues were left on the tax, and tion were not asking for a severe following inquirfes the second ac- penalty in either case.

His Lordship: Have you any cused was brought to the Police Station by his mother on May 2 idea how he (second accused) has When he was formally charged he been doing in school?

Mr. Willams: No. but Xavier put all the blame on Xavier at whose instructions, he said, the as-was expelled from La Salle in 1937 sault was carried out in order to for dishonesty on two occasions. escape the consequences of being unable to pay the fare.

support of Evidence in Crown's opening was given.

VICIOUS HABITS Passing sentence, His Lordship

Mr. Ping's name was the one which

had been forged on a cheque for $14,000, drawn on the Overseas Chinese Banking Cor-

the sald: Xavier, I can find nothing poration, which had been the sub- to be said for you. Every avenueject of a charge on which two

Mr. Ping: My Lord, I was' en-

Mr. She submitted there was not I attempt to explore seems to in- men and a woman were convicted suficient evidence for the case to dicate your vicious and depraved and sent to prison on Wednesday. go to the jury. but His Lordship habits. Nine months' hard labour. ruled against him and he put Tam “A for you, Tam, it is no good gaged on very important business in the witness-box.

my sending you to the Remand in Canton.. Accused said he was 15 years and Home for a short period and I am

His Lordahlp: So was this

8 months old and had studied at going to hind you over "in two was an extremely important case, La Salle College. He first met sureties of $100 each, the terms be in which you had promised to Xavier about March 20. On April Ing that you will be of good be-appear, under, a heavy monetary and that penalty.-I was Instructed by the 28 he was walking along a street havlour for two years.

the

in Yaumati when Xavier came up you refrain, during the whole of Chinese Government to attend an to him and said: "Thompson, I that time from absenting yourself important conference in Canton. His Lordship: Next time you am going with you, if you don't from you own house at night. You mind, to look for a friend of mine." will also pay $25 to the driver, fall-have an engagement like that I ing which you will go to the Re-suggest it would be better, in your ASSAULT DESCRIBED

own interest, for you to get your mand Home for 14 days.” Accused than described

His Lordship added a warning to superior to write to say that it movements of himself and Xavier Tam to make good use of the was on his orders, .

Mr. Pinga reply to this, made prior to the assault, Coming to chance given him. this, he said that when the taxi

through a Shanghai interpreter, stopped in Shatin, he asked the

was not beard clearly, but he was understood to say that 'some mess- driver for two pieces of paper and

age had been sent. then left the cab going a short

LIGHT SENTENCE

Hk Lordship: I do not want to distance away. Xavier followed

His Lordship: I am always only take your money away. You may hia and asked him whether he had any money. He said no. and too glad to pass a light sentence, now go. Next time be more care- Arst accused said he had none commensurate with the law. At ful either.

Mr. Williams then asked for xavfer's sentence to be reduced to six months.

the same time I desire it to be said “Xavier then said" accused went that regarding taxi drivers on

on, "as you have no money and 1 lonely roads as fair prey does not want

have none either, you will also be appeal to my ethics. I am doing your behalf to me to reduce your the this solely on account of his sentence from mine to six months. arrested for not paying

I am doing this because of your tare." So he suggested we should youth wigs be

When Xavier was brought back, youth and not because I regard assault the driver and asked me to assist him. I did not promise him His Lordship said to him: Mr. the crime to which you have plead- "We returned to the taxi, where Williams, who appeared to pro-ed guilty as anything but a very we waited for a long time. Then secute you, has made, an appeal on serious one.

FRIDAY, MAY 20, 1938.

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