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GIRL TIED TO BEDSTEAD
Action Magistrate's
Criticised In Crown
COURTS
TOLD TO POUR ACID ON WOMAN
Counsel's Submissions Coolie's Evidence
Public Excluded From Preliminary Murder Hearing
MR. WHYATT AND THE PRESS
Criticism of the magistrate, Mr. R. Edwards' action to exclude the public from the preliminary hearing of a murder trial, was made by Crown Counsel, Mr. John Wyatt, at the Central Police Court yes- terday.
The case was, one in which a man, Li Man, was charged with the murder of Pun Shing at the Luen filing Seamen's boarding house on August 4.
It will be recalled that on September 23 when Li Man appeared on formal remand, Mr. Edwards announced in Court that the public would be excluded from preliminary examination, with the excep-
tion of the Fresa...
וי
On Friday. September 30, when that representative, of the news LJ Man again appeared for a date paper Press have no greater right to be fixed for the hearing. Mr. or access to the Supreme Court
ordinary member
reasons
...
the action in barring the public
of
the
At Kowloon
DISPUTE OVER DEATH OF
DÜCK
Hakkas Accused
Of Assault
A dispute between the Hakka That Ho Thi-po had told him "I want you to pour this gasoline and Hoklo farmers of Kowloon an het hair. The result will oe City over the death of a duck, at that the colour of her hair will be Chu Si Niu, on August 31, led to changed to brown. Then it will charges being brought against-Mok fall out. She will return the money Sheem, Yau Cheuk, and Lo Hing- to me. This is a small matter-kee, äil Hakkas, of having assault- and I want you to help me," s, ed the elderly Yim Hing-lee, a translated into English, part of the Hoklo farmer. evidence of Kwan Chap, coolle, the principal witness
Hearing of the case commenced
in the case before Mr. E Himsworth at the against Ho, Shek Wai-kwan, and Kowloon Court yesterday... Li Lam, committal proceedings »Mr. C. A. Sutherton, Russ," ap- against whom were continued bepearing for Yim, stated that at 7 fore Mr. Q. A. A. Macfadyen at them, on August 31, a number of Kowloon Court yesterday.
Hakkas had attacked im with The first two defendants are wooden poles, necessitating a stay charged with "unselling, pro- for the old man of eight days in epring, or commanding Li Lam to hospital.
cast or throw a corrosive fluid, on Yu Tak-chen, with intent to burn, maim, or disågure her," and Lam, an ex-soldier in the Canton army, with throwing the fluid.
Mr. Russ explained that the cause of all the trouble was a luck- less foki of Yim's, Ng Mok, who, while zealously driving off his master's property 瑞 Bock ot Kwan said that he had known Hakka-owned ducks, had hit one the first defendant for five or six too hard to permit of its rising
again.
for Edwards
his than gave ruling. He then said that he exer-general public." cised his discretion in the interests
Mr. Whyatt regarded "it, there-years. He received the bottle of of the accused.
fore, unusual to exclude the public "gasoline" from the second defen Members of the Kowloon City Prior to the commencement of whereas other members of the dant, who pointed out to him the Hakka and Hoklo communities the committal proceedings yester- public" be allowed to remain, woman on whom the contents were turned up in force to watch the day. Crown Counsel remarked that
to be poured.
proceedings. Kwan explained that he opened One Hakka."who obviously con- the bottle and, having experience sidered himself unlucky in not be- immediately reing permitted to sit with the three with acids, he cognised the contents by the sme: Hakka defendants, sat down with them despite the presence on the of the fumes.
As the crowd in the street was Bench of an expensive-looking rather large, he managed to slip raincoat. away from Shek. He took the bor tle home.
was not only regarded as unusual. but revolutionary. He desired to make a submission in connection with the case, and requested the public be allowed in Court during This submission.
Mr. Whyatt said that his
sub- mission would have no bearing on the facts of the case.
Court." he added...
NO SENSATION
LACKED CLARITY Commenting on the point "Press Co-operation" as mentioned by Mr. Edwards, Crown Counsel said that
term lacked a clarity and post tion of definition, which one was entitled to explain in judicial pro-
•
raincoat.
He sat down on thei Much persuasion from
WEDNESDAY, OCTOBER 5, 1938
Poor appetite? TAKE
"BLACK
& WHITE"
YOUR FIRST SIP TELLS YOU
SCOTCH. IT'S THE
THE
CHINA JOURNAL
THE SEPTEMBER NUMBER
his fellows eventually sent him WILL INTEREST HONGKONG RESIDENTS.
On the insistance of Ho and pway,
Shekhe later returned the bottle them. He had, however, poured cut some of the acid, replacing it with water.
Further hearing of witnesses for the prosecution was adjourned this afternoon.
n.ouncements.
"Does it mean that the Press "I fall to see why the doors of should report only what the ma- this Court should be bolted and gistrate permits them to report? barred while I am addressing this Does it mean that the Press must surpress the report on the request Mr. Edwards refused the request. of the magistrate, otherwise out
they go?" asked Mr. Whyatt.
"If it means that. and it is In a lengthy submission. Mr. difficult to see, what else it can Whyatt said that the magistrate's mean, then it constitutes the aug- ruling would give cause to the geation of an insidious inroad into THREE INCHES OF public to assume, and in fact, some the liberty of the Press which has members of the public had assum-
for which there no warrant. ed, that, there were some sen- ne Authority in English law.** sational aspects cr some elements added Counsel. of indecency in the case. In fact, he said. he himself alone in the Court would know that there were no signs of sensation in the case.
•
H
PRICELESS INHERITANCE
13
RAINFALL
Mr. Russ called Yim and Ng to give evidence.
Mr. i-Shing Lo. cross-examin- ing them claimed that one of the three defendants was at Causeway Bay between 8 and 8 pm. on August 31.
Further hearing of the case was remanded to, next Tuesday.
LAWYER FINED
For the 24 hours ended 10 p.mi
Mr. M. A. da Silva was fined $3 last night no less than 3.570 inches by Mr. H. R. Butters at the Cen of main fell, highest amount record- ed being at 3 pm, when there wastral Court yesterday for parking his car in Duddell Street without Mr. Whyate continued that when nearly one inchi
a permit Mr. C. D'Almada ap- Court that defendant was aware of the sign prohibiting park. ing in the street.
...
TYPHOON REPORT
not
P. J. I. Neubronner was fined $8 for a similar "offence.
C: C.. King was aned $5 for leay- ing his car over the time limit of two hours at the Chater Road car park.
The magistrate's action was not English Justice is administered it Enquires at the P.W.D. offices peared for the defence and told the
open regarding the possibility of cur the exercise of his Judicial discre- must be administered in tion, but of his general power. It Court. Every Court of justice is tallment of water restrictions were was not a judicial discretion, said open to every subject of the King. met with the reply that nothing constitutional right and had been decided yet but it was Mr. Whyatt, because of the ignor-It is a ance of the facts upon which the constitutiona! Wherty, and it is a possible. If the rainfall kept up for priceless Inheritance of the public. any length of time, that the hours discretion" should be based. MOTHER FINED:
"It was, to quote. the words of "Where there was no publicity of supply may be increased. IN. COURT
the Lord Shaw, an impairment of there was no justice and publicity The weight right which would be intolerable is justice," he said. "There is no excuse whatever in a free country and I do not of open Court is of tremendous im- The Royal Observatory reported
KOWLOON CASES for what you have done to your think it has any warrant in our portance to the case to justice. yesterday afternoon that at 2 pm daughter," said Mr. Edwards at the law.", sald Counsel
Mr. A. Malcolm, of Malcolm and And, he said. It needed a statute the typhoon was about 50 miles Central Court yesterday when ne
to do it. if a distinction was to be east of Fort Bayard, moving north-Co., appeared before M. Q. A. A. RIGHT OF PRESS convicted a woman, Ho Lai-ping.
drawn between the pubic and the west. It will probably enter the Macfadyen at the Kowloon Court 35, on
yesterday on two charges of driv. a charge of -treating "a With regard to the exemption of Press.
coast and start filling up. the Press, Mr. Whyatt said that
situateding a car without a licence per- Barring the publie frem hearing Another typhoon la Inspector H. W. Fraser, of the the Press have no more right to the preliminary examination, while about 400 miles to the south-east of mitting him to drive and driving B.C.A., said that the girl's wrists be present in Court than any ignorant of the circumstances of Manila, moving slowly westward. were tied with string and she was members of the public. He quoted the facts, is an exercise of power. Wed to a bedstead by a chain authorities which ruled that the nct of judicial discretion.
Sergt. Bethell explained that Mr. around her chest. The girl, aged Press were not exempted but prf-
"It is a breach of the spirit of CHINESE
Malcolm had only come down from only nine, managed to escape by vileged as a medium to enlarge the
ACCUSED
Canton on the day when he com- biting through the cord and area of the Court, to communicate English jurisprudence, and It is a struggled from the chain. She the hearing to the many who also duty of the learned magistrate to
A Chinese constable, Yip Kam-mitted the offences. He had his ran into the street screaming and have the right to be in Court-Hemtrepret the jurisdiction of the
English law in accordance- withpul, appeared together with Chan licence renewed the next day. constable took quoted
Defendant was cautioned on the was bleeding. A
authority. entitled her to the 8.CA
"Right of judge to exclude Press" the spirit. and to conduct his case Chik and Li Ming, before Mr. Ed-. The defendant, who is the na- which stated:-
con- wards at the Central. Court yes-first charge and fined $3 on the accordingly." Mr. Whyatt
terday charged with the passes-second. cluded. tural mother of the girl, said that
Mr. H. C. Clayson was fined $8 her daughter constantly ran away reme Court resenting certain cří-
sign of 21.800 herrin piis in a house in First Street on September for driving without due care and caution in Gascoigne Road at 7.30 28.
Mr. J. B. Fientis, Assistant (pm., cn September 11. Crown Solicitor, said on the day fi question Revenue Officer J. L Stephens, accompanied by a party of revenue officers. raided the defendants' premises.
from home and she had been ad- vised to tie her up to avoid losing her. On this occasion she had used
"The Judge of the Central Sup-
Mr. Edwards will give judgment ticism that had been published in to-morrow afternoon
a local newspaper concerning h' exercise of the judicial office, ruled
the money for rice to buy fritters. at order, in the absence of the
A fine of $50, in demult, two months' imprisonment was posed.
NO CHOLERA CASES
ON MONDAY
ATL
proprietor, a registered company forbidding the reports of that newspaper and of another news- paper owned by the same com- pany to sit at the reporters' desk,mitted
COMMITTED TO SESSIONS
Cheng Shuet-wah, 23, was cum- į
སམ།
CONSTABLE
After part of the prosecution's
{al a speed in excess of 30 m.p.h. la the controlled area of Kowloon on September 2
"DYNAMITE IN FIREPLACE Appearing before Mr. H.
R:
to stand trial· at the evidence was heard, the further Butters at the Central Court or to take notes of the proceedings Criminal Sessions by Mr. H. Rhearing of the case was adjourned yesterday charged with the thert in this Court or elsewhere than Butters at the Central Court yes
in the public gallery, and directed terday on two counts of inflicting The Colony had almost that this restriction should remain grievous bodily harm on a woman,
Yung-Wal-ping. clean bi of health on Monday. in force until the printer and pub. there being a complete absence of Isher of both newspapers should cholera cases. Three cases of en- apologise to the Court. tetic fever and two cases of dysen-, tery were reported.
until to-day at noon.
RATING MISSING
of 720 sticks of dynamite and.780 detonators, Tsang Ming, watch-
4
man, was given five months' hard labour.
Defendant was alleged to have A rating named Thompson, The police went to a hut in pushed her in front of a moving from the flagship, H.M.S. Kent, is Morrison Hill, and found the ex- Held: On appeal by the printer vehicle at Kennedy Town praya reported missing, and is believed plosive kept in a fireplace, in front and publisher and by the company on August 29,
POP-PERFECT PRACTICE
THESE MODERN GIRLS BOAST THEY CAN CHANGE
A TIRE AS QUICKLY
AS A MAN!
to have been drowned.
of which a fire was burning."
J
CONTENTS
THE PEOPLE'S POLITICAL COUNCIL. COUNTERFEIT CHINESE PAPER MONEY. FLOOD RELIEF IN HONAN PROVINCE. THE "SIAO PI-SE" OF SHANGHAI. THE CHINESE JEWS OF KAL FENO. WHEN DRAGON BOATS CHASE DUCKS. CHINA'S ECONOMY AND FINANCE
SHANGHAI TREES AND SHRUBS,
4.
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Hong Kong Daily Press,
1938, by The Bel
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