1941-07-09 — Page 5

HONGKONG DAILY PRESS

GENERAL

DIFFICULTIES ARISING FROM ACTIONS UNDER DEFENCE REGULATIONS: SOONER AUTHORITATIVE RULINGS OBTAINED FROM SUPREME COURT THE BETTER

Consecration Judgment In Transfer Of AIR MAIL SERVICE Of Very Rev.

Export Licence Case

an-

"Questions of dimeulty arise almost daily in proceed- Ings under the Defence Regulations and the sooner thoritative rulings are obtained from the Supreme Court the better it will be, not only for the guidance of the in- ferior Courts but for all those engaged either in the pro- secution or defence of alleged offenders against these Re- gulations."

With these words, Mr. H. G. Sheldon, K.C., concluded his written judgment given at the Central Magistracy yes- terday in the case in which the Tai Sang Steamship Com- pany, of No. 136, Connaught Road Central, was summon- ed on two counts of attempted export of unmanifested cargo and unlawful transfer of an export licence, and Chol Wai for moving on board the s.3. Kau Tung, 50 bales of gunny bags for the purpose of exporting, without a licence from the Controller of Trade.

The summonses against the former alleged that

(1) the Tai Sang Steamship Company failed to furnish to the Superintendent of the Imports and Exports Office, a copy of the com- plete ship's manifest of all cargo put on board or to be put on board the s.8. Kau Tung not less than 12 hours before sailing, by the omis- sion from the manifest of 50 bales of gunny bags allegedly consigned by the Kwong Fung Hong firm, contrary to an order of the De- fence Regulations;

RESUMED

Air Mail service by Britlah Over- seas Airways Corporation to East and South Africa, United Kingdom and beyond has now been resum- ed, it was learned yesterday.

DOCTOR LEAVES

BIG ESTATE

J. L. Wilson

Specially Augmented Choir For Occasion

Rev. J. L. Wilson to be Bishop of

The consecration of the Very

Singapore will take place in the Cathedral on Tuesday, July 22,

B'g, local estate values at $289,-

St. Mary Magdalene Day, at 5.30 800 had been left by the late Mr. P., says the St. John's Review.

There will be a specially aug- Tong Sap-yee (otherwise spelt Tong Sup-yee or Tang Shih-yee), ander the direction of the Catne- mented choir for this Occasion

allas Tong Tai-kung, allas Tong To (or Toa) Sang, allas To Sangre Organist, Mr. J. R. M. Smith, tong, alias Tsang Tze-tong, Chi-"Blessed be the God and Father." There will be three short Anthems, nese medical practitioner formerlyye Priests of the Lord" (Elgar), of No. 85 Bonham Strand.

{and "O Convivium Sacrum (Byrd). The deceased died at the age of 66 years on or before April 28, 1940 seats for many besides the Cathe

It will not be possible to reserve His story is improbable but not at the Paulum Hospital. No. 418 dral Couneli, but there will be impossible and therefore in any Burkill Road, Shanghal. opinion he must be acquitted of

very many extra seats in the knowledge of the attempted fraud. of deceased has been granted only our regular congregation but A petition for the probate of the Cathedral, to accommodate not

There is no

evidence that the to Tong Ab-chow, Chinese Medical representatives of all the Churches defendant Company bad

any practitioner.

and Church schools in Hong- knowledge of the matter.

kong.

MONTHLY TICKETS TO COST MORE

On these facts Mr. Luseby for the Rrst defendant and Mr. Woo for the defendant Company sub- mit that their respective ellents

It is are entitled to be acquitted be- cause the prosecution have failed buses and trams are to be Increas not expected that Evensong or will be included in the to prove the essential ingredient ea from the beginning of next Litany

mens rea. I agree with Mr month, it was

Although the Consecration ser- vice Insta some time, those in- tending to come need not fear its The rates for season tickets on length will be inordinate.

|uf

learned yesterday.service.

(2) on or about March 29, the Loseby's argument that the gener-Only monthly tickets are affected Tai Sang Steamship Company lent al rule is that mens rea is an and there will be no change in the to or allowed to be used by Chot essential element in constituting adinary fares. Wai master of the Fook Hing breach of the criminal law: the

Firm, an export licence originally principle is easily stated. the ap- TWO WEDDINGS

issued by the Controller of Trade plication of the principle to a par- to the Kwong Hong Hing Firm, of ticular statute or other enactment No. 58A. Bonham Strand West, for has given trouble throughout the the purpose of enabling Chot Walhistory of criminal jurisprudence. 10 export 50 bales of gunny bags LC Macao.

SOME CONTROVERSY

AT REGISTRY

PRESENTATION TO DEAN

On account of difficulties in ¡travelling it has not been found possible to make the presentation to the Dean until Friday, July 25, On that day a gathering of the Cathedral congregation and their frletids will take

the place in Two marriages took place at the Cathedral Hall, tea at p.m., the Registry. Supreme Court, yester-presentation to begin at 5.30 p.m.

A silver pastoral Staff, similar The parties to that used by the Bishop of this Diocese, la being made, and siso a shlyer pectoral Cross. In addi- ttal to the offence is material is a service worker, residing at the Bel- tion. some gifts for household use question which has given rise to levue Hotel. Kowloon, and Mlas Lee will be chosen to accompany the some controversy and conflict of Tslong, residing at the same hotel; former which are connected with repre-decisions. The substance of these

Mr. Long Pak-wing merchant, the Bishop Designate's new office.

H. E. the Governor has gta- necessary to look at the object of Kowloon Tong, and Miss 8 Wal-clously consented to make the pre- aach act that is under considera-s, of No. 45 Belcher's Street, Kow-sentation to the new Bishop.-

The steamship company was found not guilty and discharged. while Choi was convicted and fined "a nominal sum of $60,"

Senior Revenue Officer W V Ahern prosecuted. while the steamship company was

In MAXWELL ON STATUTES day with Mr. J. leynolds, Deputy 3rd Edn. at P. 138 is the passage Registrar, officiating. "But how far ignorance or errone- were:-- ous belief of a fact which is essen-.

Mr. Christopher Sullivati, social

sented by Mr. P. Y. Woo and Chot decisions is, however, that it is of No. 8 Smithfield, second floor.

by Mr. F. H. Leseby.

THE JUDGMENT

The judgment is as follows:

In these two summonses the re- levant facts are as follows:

tion to see whether and how far knowledge is of the essence of the offence created."

One Chol Wai (hereafter called Looking at the relevant regula. the first defendant) wished to ex-tlons concerning this matter it port a parcel of gunny bags valued seems to me their object is wholly

at some $19.000 to Macao. For te prohibit the exportation of cer this purpose it was necessary fortain

goods, among which are

loon Tong.

'St. John's Review.

INDIAN WATCHMAN FACES CAPITAL CHARGE: SEQUEL ΤΟ

QUEEN'S RD. SHOOTING

him to obtain a licence from the gunny bags, and to require that 12 Controller of Trade. According to hours before a ship sails a mani his evidence he askefi

8 man fest of all cargo put on board named Wat Wing Cho of 46 Con-shall be delivered to the Superin- naught Road Central to obtain dent of Imports and Exports.

The shooting at Queen's Road Central, in front of Central Mar- the necessary licence for him and I do not think any useful pur-wounded and a pedestrian slightly, had a sequel yesterday before ket, on the morning of June 11, in which an Indian was fatally also to book shipping space for pose will be served by citing au- the bags. The bags were to be thorities and judgments on facts Mr. H. G. Sheldon, K.C., at the Central Magistracy, when PRITAM -delivered to a firm in Macao named different from those now under SINGH, 38, of No. 1, Electric Street, top floor, private watchman Leung Kee.

consideration. but applying the

employed by the Cheong Kee money changers, No. 114, Queen's Road Shortly before the ss. Kau Tung principle contained

Central, was charged with the murder of Kelar Singh. In Maxwell belonging to the Tai Sang Steam- (supra) I come to the conclusion Mr. J. ship Co. (hereafter called the de- that an act coupled with the in- Crown Solieltor, assisted by Det-employed at the Fu Kee money fendant company) was due to sail, tention to do the very things ex-Insp. L. R. Whant, conducted the changers shop, a few doors away Revenue Officers found part of pressly prohibited by the regula-prosecution.

from the Cheong Kee, heard what

1939.

FURTHER DEFENCE

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WEDNESDAY, JULY 9, 1941. —PAGE

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P. Murphy, Assistant Ridian watchman. Talak Singh NIPPY' CHASSIS

which leaves the Colony shall, notvention of agents totally to diare-

I

Dr. Dean Smith, of the Queen

this cargo of gunny bags on board. | Mons, in the present cases (1) by Mr. Murphy said that about 7,30 he at first took for a bursting car An export licence was produced | intending to export cargo when inam, on the day In question; ac tyre. on board to these officers purport-fact a licence had not been issued cused reported for duty at the

SAW SHOT FIRED ing to be a licence referring to and (2) by falling to furnish a shop where he was employed and Running out of the shop, Talak these gunny bags: this document manifest which in fact contained received 2 revolver and full

Singh saw accused fire a shot at was a forgery, the position then a list of all cargo put on board or ammunition pouch.

deceased. He then dashed into being that the first defendant had to be put on board, whether ve- About two hours later, another his shop to telephone for an am- attempted to ship the gunny bags(casioned by ignorance, mistake or

bulance and heard three more without having obtained the any non-culpable reason là sùff-}~~

shots fred meantime. nécessary licence and the bags not clent tp cause an offence under

He came out of his shop for the the Order, would lead to a patent appearing in the Ship's manifest. this particular Regulation and

second time and saw deceased Proceedings were taken against order. In my opinion, therefore ambiguity. the first defendant under Reg. 82 the defence falls.

think Mr. Woo is right and lying on the ground and accused (1) of the Defence Regulations: of

that his point is fatal to the sum-standing a few feet away.

Later a Chinese detective came 1940 and against the defendant

mons against the defendant Com- Company under Order No. 738, Mr. Woo has raised & further pany. If this decision is correct along and disarmed accused..

defence: the wording of the order the result is obviously lamentable Accused was charged following -dated 2nd September, 1939, made of September 2nd, 1939. 18-as fol- because it will allow owners who the death of Kesar Singh later under the Defence Regulations of lows. The agents of any elig run their ships without the inter- that in s

PRACTICAL CERTAINŢY less than twelve hours before the gard the provision of the Order. Mary Hospital, testified that about The evidence leads with practi-ship sails, deliver to the Superin- but I see no answer to Mr. Woo's 9.40 am, on June 11, he examined cal certainty to the conclusion tendent of Imports and Exports contention. It is true that in the deceased and found him to be that the export licence, referred to,

multiple bullet one copy of the complete definition section of Ordinance Nsuffering from together with shipping order strip's export manifest." Mr. Woo 13 of 1922 owner of a ship' Is wounds. He died at 7.10 p.m.

The cause of death was shock and & supplementary manifest, contends that his ollente are the made expressly to include "agents" had been forged by Wai Wing Cho owners of the ss. Kau Tung-and but I know of no dauon of con- and Internal haemorrhage caused who has disappeared.

this is admittedly so and there-struction which would allow with by a perforating bullet wound and The story of the first defendant fore cannot be affected by the out straining the meaning of fan- other bullet wounds. ́la a curious one. There is no en- word "agents" in the order. He unge the word "agents" to in-

CYLINDER OPEN try in any book or document supports his contention by point- clude owners." The two terms in Set, D; A. Pocksba deposed that whatshaver referring to this trans- ing out that under the Regula-their prdinary meaning are per- on June 18 he received a revolver action with the Leung Kee firm. tions made under the Registration festly clear and distinct. 2- and other articles from Insp. - Wai Wing Oho, he says, was intro- of Imports and Exports Ordinance | The result of these proceedings) Whant, Witness found that the duced to him by a clansman and (No. 13 of 1928), Regulation No. 7 la therefore that the summons cylinder of the revolver was open he knows little about him. He left expressly allows seven days for the against the defendant Company and all dx chambers emptied, and, the matter to him and that as far manifest to be furnished by the fails and is dismissed, the amb de- he was of the opinion that bullets be he was concerned was the ond owner, master or compradors and rendaht is convicted and for the had been fired from five," of the of the matter except that he so-therefore if "agents" in the orders ressons given will be nned a no- chambers companied part of the digit lnd of September and 1989 is dơn- mmal sum of 1830. In conclusion orlör för saw it, placed on board the jackau strued to include ""ommiers" (the) Tekpraid the hope that Mr. Loséby

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