1941-04-26 — Page 5

Page

HONGKONG DAILY PRESS

GENERAL

LACK OF PUBLIC SPIRIT Magistrate's Ruling On

AMONG WITNESSES

1

Aged Indian Watchman On Murder Charge At Sessions

"It is a sad thing to say, but it is true, that owing to lack of public spirit among the witnesses in this case the Crown cannot pro- duce any person who will point at the accused and say, 'this is the man who attacked deceased," remarked MR. J. P. MURPHY, Assist- ant Crown Solleitor, after he had outlined the facts of a murder case at the Criminal.Sessions yesterday.

Colony Food By-law:

Sale On Board A Junk

Mr. H, G, Sheldon, K. C, the First Magistrate, yesterday issued the following written statement" giving reasons for his decision in a recent case that the Public Health (Food) Ordinance regarding the licensing of eating-houses and restaurants in the Colony applies also to the sale of food on boats in the Colony's waters,

The case was one In which from supplying food to his cus- Wong Cheung was cautioned on tomers? His argument is, of a summons by the Health De-course, that passenger ships do not

Before the Chief Justice, Sir sonable and probable one. There partment for selling cooked food have licences because the by-law Atholl MacGregor, a 65-year-old was no direct evidence against the on a junk at Aberdeen on March was never intended to apply to watchman, BAWA SINGH, Was ar- accused-no evidence that accused 8 without a licence from the ships at all, and its effect is con- raigned on a charge of the murder was the man that struck the blows, Urban Counel, and was heard by fined to buildings on land. of a woman, Li Fong, at Hunghom, no evidence that accused was any- Mr. Sheldon on April 21. on March 3, 1941. Singh was in the where near the woman at the time. employ of Messrs. Arnold and Com-and there was no motive. pany but was now on pension.

Mr. Percy Chen. Instructed by

choy.

Mr. Murphy was assisted by Det.- Insp. A. E Carey.

The hearing occupied the whole day (the Court rising at 5.35 p.m.) and will be resumed on Monday, at 10 am. when his, Lordship will sum

CASE FOR CROWN

facts.

A THEORY

Į

Mr. F. H. Loseby was for the" defence.

The statement follows:- The defendant is the owner of

ARGUMENT FALLACIOUS It seems to me this argument is fallacious. It is true that pas- senger ships do not in fact haye

Mr. W. M. Brown, was for the de- He pointed out that the prosecu-junk No. 1655. He used the vessel licences obtained from the Urban fense and the following jury wasion based its case on a theory, a as a floating restaurant in the Council to enable them to provide empanelled-Messrs. E. V. Searle theory alone, and added that to waters of Aberdeen Harbour. On meals to passengers and others (Foreman), A. A. Barros Tsui Wai-ng a man there must be facts Mar. 8 unknown to him among his and probably their owners would sun, Pel Min-shun, Leung Pul- beyond all reasonable doubt but in customers were two Health Officers be somewhat astonished if such hung, B. Jernakoff and Kwok Che-this case," he said. there were no in plain clothes who were served necessity was suggested, but I am Mr. Murphy suggested that the at a cost of $2.30; as a result he is of meals in passenger ships in with a meal of soup, rice and ash not at all certain that the supply action of accused in going to the now summoned under No. 1 of the harbour is not a technical infringe- police was not such an innocent Bylaws controlling Restaurants, ment of the by-law; though if it act as accused had been in the Eating Houses and Food Stalls be so it is not, I think, surprising Police Force. Regarding the blood-contained in the schedule to the that no action has been taken in stains on the back of accused, Mr. Public Health (Food) Ordinance, respect of it by the Health Author- Murphy suggested that this must No: 13 of 1935,

itles, or that these authorities have trickled down while accused

The By-law Is as follows:-direct their attention more to- blow. He said the Crown built its with licence granted by the Council of the defendant junk than to the lifted up his hand for another "Except under and in accordancewards the cooking arrangements case from a chain of circumstantial for a Restaurant or Eating House, kitchen of, say, the ss. "President evidence and its theory was sup-or for a Hawkers' Food Stall issued College. I know of no authority ported by events.

under Ordinance No. 22 of 1935, no for the proposition that if "A" is person shall sell or expose for sale charged with an offence it is a any article of cooked food for man good defence that "B" has also usually sold or exposed for sale ready committed the same offence and for immediate consumption. Such has not been charged with it. Ecence shall be in addition to any licence issued under the Liquors Ordinance, 1931”

up.

Opening the case for the Crown, Mr. Murphy said that about 10.30 p.m. a messenger, Sae Po. was de livering goods to the Chung Wah Knitting Factory, Tokwawan Road, when he saw an Indian holding a Chinese woman by the wrists. Later he heard a woman's voice crying for help and, according to Sze, the voice came from the direction of

the Indian and the woman

About the same time, another foki of the factory at their quarters

Police Courts

AT CENTRAL

UNLICENCED EXPORT

ALTERNATIVE DEFENCES

WHAT BY-LAW MEANS Whatever arguments may be ad vanced there is really only.one matter to be decided and that is

at No. 21 Tokwawan Road, saw a A 40-year-old whart coolie, Lam Mr. Loseby has raised alterna- what does the by-law mean?. In woman going up the stairs. Her Pat, was charged before Mr. G. Ttive defences and asks for a writ-my opinion it means simply this, face was red, apparently with blood Lowry yesterday, with attempting ten decision. Firstly, he says that that no one is allowed to sell cook- stains. Meanwhile, Sze Po went to export three bags of white the By-law is ultra vires because ed food unless he or she has a' - back towards No. 21 Tokwawan Rd, pepper, weighing about 300 cattles, sec. 5 (3) of the Ordinance allows cence to do so, and I disagree with and saw an Indian squatting before by a Japanëse ship

only "control" of licensing and not Mr. Loseby that because the re- on Apr. 24 a woman, wiping her face.

without a licence from the Con-"prohibition of selling without a levant by-laws are headed "res- troller of Food.

4 licence. Surely "to controj bytaurants, eating houses and food Defendant, who was 01 $100 Licensing or otherwise" involves stalls ships in the water of the ball, was remanded until today for the power to prohibit selling with Colony are therefore by Implica- making further enquiries,

tion excluded from the effects of fects of Secondly, he says, the by-law is the by-laws.

"

A message was sent to the police station and Sgt. Haynes, on arrival,] saw a woman on the pavement.

Meanwhile, accused went to Hunghom Police Station at 11.10 Revenue Officer J. E. Tocher is) pm. and made a repoft. He was in charge of the case. out of breath and his clothes were

POSTMAN FINED

+

out a licence....

so uncertain or so unreasonable as The defendant admits he has no to be bad in law; passenger ships licence and it has been proved he Mun- and yet they supply meals to pas- seems

have no licence to sel) food for man sold cooked food. Therefore it to me he has offended Lowry sugers and guests, therefore why against the By-law and he is con

should the defendant be prevented victed.

or one

covered with blood. In his report A former postman, L accused stated that on his way chuen, 25, was fed $20 back to his hut he heard a woman's month's hard labour by Mr. voice crying for help and saw three vesterday, when he pleaded guilty Chinese males running away. He to a charge of receiving a quanti- carried her to the pavement and ty of paper belonging to the G. washed her wounds.

P. O., knowing it to have been Defendant was arrested when he Channel Minefield, two junk mas- Atolen.

was trying to pay for a tin of ters, Wong Cheung and Ng Kwong When Sgt. Haynes visited the Mr D.C.W. Fitches, Superin-cigarettes with the note on Apr. 2. Wan, and two junk fokis, Wong scene he found a short distance lendent of Malis, said that the Ho Chi-man, shroff of the Wing and Sin Kung. were fined away a pigtail and in the roadway paper was found at No. 18, Square Hongkong and Shanghai Bank, each $30 or in default 30 days by was a pool of blood. The woman Street, first floor, when a search tested that if the note was pre- Cmdr. T. C. Suf

POOL OF BLOOD.

was sent to hospital where she died at defendant's" house was made sented to the Bank, it would be On a strollar charge, Wong Wan- three days later. When charged in connexion with another matter accused denied that he was the on Wednesday. master of deceased.

CANING. FOR BOYS

Mr. Chen Interrupted that he Three boys, one of whom had a must warn his learned friend to be previous conviction, were sen- very careful at this stage, and Mr., tenced by Mr. H. G. Sheldon yes- Murphy retorted that he had said terday to eight strokes of the nothing in his opening which was cane each for unlawful possession inadmissible and that it was not of 130 catties of treewood, valued his habit to do so.

at $7.60 at Feel Steet, near Robin- Continuing, Mr. Murphy stated son Road, an Apr. 24. that in a statement accused sald

DANGEROUS DRUGS

honoured irrespective of the bad tal, a junk foki, was fined also $30 portion, because the number on it or 30 days. He was charged with had not been cancelled.

having entered the Pa Pal Mine- field. a prohibited area

Defendant was disebarged.

AT KOWLOON

FORGED BANKNOTE

D. O. SOUTH

EXPORT OF PETROL Alleged to have uttered a forged. Liu Sing, Lau Chi and Leung $100 bank note of the Federal Re-Sai-lo appeared before Mr. B. F serve Bank of San Francisco, Chu Balfour yesterday charged with

beery, Eupente

LIQUID CARRIER

SATURDAY, APRIL 26, 1941-PAGE 5

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REG'D

he had no enmity against deceas- Committal proceedings against Kam-ching, 33, was charged be-attempting to export from Cheung ed and if he had wounded her Hui Man, 35, on charges of un-fore Mr. D.J.N.Anderson yester-Chau, on April 23, 259 4-gallon there was necessity for him to re-lawful possession of a mixture of day.

tins petrol without a licence from port to the police.

two ounces of diacetyemorphine, Accused was additionally charg- the Controller of Trade, and with After making the remarks refer-commonly known as diamorphinejea with possession of same and the possession of the petrol with- red to earlier, Mr. Murphy said the or heroin dangerous drugs, and of another $20 note of the same bank ous the permission of the super*** story told by accused was impos-11,500 heroin pills at No. 12 uk in New York.

intendent of Imports and Exports. sible in view of the known facts. Sau Street, ground floor, on Mar. 27 At the application of Det.-Sgt. In reply to the first charge, Dr. E. L. Gostino testified that the was begun before Mr. G. T. Lowry J. Allen, accused was remanded first accused pleaded that he was cause of death was multiple incised yesterday. wounds to the face, head and body with subdural haemorrhage..

THE DEFENCE

Opening the case for the defence, Mr. Chen said that the story told by accused was a straightforward one. On the day in question ac-

·cused: was doing carpentry work in his hut with another man.

Acctisedintated, in evidence, that

The prosecution was conducted by Revenue Officer WV."Ahern, while defendant, who was allowed

+

$10,000 ball, was represented by Mr. Alfred 6. E. Lau.

After evidence was given, the case was provisionally adjourned to this afternoon.

UNMUZZLED DOG VE

for three days.

ม"

not the owner but was only told

POSSESSION OF WARD

to go with the goods to Macao. Appearing before Mr. H. C. Mac-Second defendant stated that he a woman, residing at No. 53, Nam board, while the third man stated namara yesterday, Lau Tong, 27, didn't know what cargo was on Cheong Street, was charged with that he was told to go to Cheung keeping a seven-year-old ward Chan with the cargo.. without giving notice to the 8.0.A. All three defendants said that

Inspector HW, Fraser said that they knew nothing about it in

| defendant was "arrested on in their replies to the second count.

For allowing his brown chow formation received. The girl was On Chan Shek claiming the he was formerly employed in the dog to wander abroad at Smith- presented to her years ago and petrol as his property the three Macao Police Force but was now on field without muzzle or lead on investigation showed that she had accused were cautioned by his pension and had also been, pen- Mar. 2, Wong Foon, of No. 14, not been ill-treated storted off by Messrs. Arnold and Smithfield, ground Door, was fined

Co. He had lived in Tokwawan for $2 by Mr. Lowry yesteray.

the last 12 years and in 1939 had employed an amab, named Li Fong, -who was not the same person as

deceased, onde ge

Sgt. Woodhead prosecuted,

* THREE-FOURTHS GENUINE

A $10 banknote, three-fourths of '..

1 genuine and the rest forged,

Accused was fined $10

MARINE COURT

CAPTAIN FINED

Worship, who imposed a ne of $25 on Chan on the charge of ättempting to export the petrol

- BANISHEE GAOLÉD” MAA Yeung Fux was cautioned on the charge of possession of tree Captain F. C. Thaysen, master of wood at fud an Old Street of

On the day in question he was was the subject of a charge on his way back to his but when against Yu Chik-yu, 22. of No. 3 That vessel, was zinen 130 when April 24, and sentenced to alr he heard a woman erging "save 142, Connaught Road Central, he appeared before. Cmdr. T. C. months hard labour on the count Elite When he approached he saw before Major Mackadyen ester-Suff at the Marine Court yesterday of zeturning from banishment,

two or threemen running away. He day."

on a charge that he had allowed when he appeared beare Mr. Bal-

Proceed inside the four yesterday,

and the shore of thereby disobeying *the Harbour Master. PO PROHIBITED AREA SE Charged with having entered prohibited area west of the Lammia yesterday.

helped her to the pavement and He was charged with; unlawful his vessel -later-reported to the polles Wit possession of a forged $10 note of marking

ness said that while carrying the the Hongkong and Bhanghai Bank.

Lam *Woman!BWAY Home, blood must have "Mr. C. D'Almada represented de- gọt on to his clothes, or other fendant, while the prosecution waI In his address. Mr. Chen said conducted by Det. Sgt. Cochrane, “that accused's story, was a very rea-assisted by Det.-Bgt, Willison.

CAUTIONED

5 For the possession of tree Food at der Wan Old-Street, on April 24, Chau Hamng was discharged with a caution by Mr. Balfour

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