1913-04-17 — Page 5

MAGISTERIAL DECISION. “fal prints. In the absence of

Verdict in the Cocalae Casa,

THE HONGKONG - TELEGRAPH, THURSDAY, APRIL 17, 1913.

LOCAL SPORT.

44 a premble the title is very "important but if the language

'FOOTBALL. "of an Act is plain, we cannot Second Division League Final; Mr. Huzalend, at the Police because it happens to go beyond division of the Ilonkong Foot- "refuse to give effect to is merely The final match in the second- Court this morning gave his "the matter mentioned in the ball League was played yesterday decision in the case in which Li" title." Ching, was charged that not being

gg evening at the Happy Valley bet

The language in the regulation

ween the Police and the 88th Co.,

a licensee uador section B(F), of ander sich the Defendant is RG.A.

the Pharmacy Ordinanco 1008, he charged is plaiù, precise and un- did on the 28th November 1912 ambiguous. The question of matters early in the game The Police had the better of) have in his possession, custody or consulting the Title does not and a movement set going y power a greater quantity than the,efore arise. twelve official doses of poison

Booker only jast filed in the

mentioned in the schedule of the I propose to refer to the goal mouth. The Artillery's.firet Pharmacy amendment ordinace of the Defendant to

question of the intention goal came from an attack originat 1010, to wit 4,000 ono eighth away this cocaine. It is clear ball and centred pruotically in Fended by the left wing who took the ounce bottles cocaine, making and obvious 500 ounces in all.

that the sole the goal inouth and from's soram- His Worship, after reviewing to lend the cronino in Hong-notched. Shortly after the restart reason why he did not wish ble there the first point was the evidence, Baid

kong was because of the danger the soldiers scored another close-

I propose to deal with the of it being seized by the terange goal and, though the Police statements made by the defend venus Officers. He stated that he did their best to make matters ant to Revenus Officer Wilden had 4,000 ozs of cocaine and even, poor work in front of goal on the 5th February 1913. that it had all been seized except was the main factor in their was admitted by Mr Putler, Counsel for the Defendant, that one shipment which his goals failure, sad they lost by two goals such statements are admissible stated that he had lost $20,000

got in Japan. Defendant also to nil. in evidence. On these statements in consequence of such seizures. I find as a fact that the Defendant is the owner of the cocaine the her fact that of the 10 bales of old I would also mention this fur- subject matter of sharge.. I am. not able to say whether he is sole parere consigned to Hong owner or joint owner with one or to ship away the 5 bales which The match between the 87. Co. kong, Defendant was only going imore. persons. The Defendan being owner was in "possession" contained cocaine, and the 6 bales R. G. A. and the R. E-A of this cocaine as soon as the "Bel were to be landed in Hongkong. Soldier's Club Billiard Tourna which contained caly newspapers Team in the third round of the lerophon" arrived in the Colony. It is not necessary for

At the conclusion of the match, Mr. Spillett, on behalf of the and the captain of the IGA. Polico, congratulated the winners, suitably replied.

BILLIARDS,

I therefore convict the Defen- ment was continued yesterday meant. I order him to pay a fine evening. Sergeant Heath of the to decide the question when of $1000, in default 0 months' G. A's lost to Lee Corpl Brown, and where the ་་ possession"

implist ment with hard labour. scoring only 80 against the win- commenced. Defendant was further order that the cocaine ner's 200. The Engineere also certainly in "possession" when the subject matter of the charge won the second match easily the "Bellerophon" went alongba forfeited to the Clown. nido Holt's Godowns at Kowloon. No word known to the law has caused more discussion than thei word "possession." It is not disputed Lowever that "Possess ion" is always connected with ownership.

I was also referred to the

Sapper Con who made a break of prosecuted. and Mr. Lewis of 201 to 133.

Mr. Hodgson, Crown Solicitor 21, beating, QM.S. Walters by

Master, defender. Mesers Johnson, Stokes and

he would state a case if he askedly Mr. Louis asked his Worship if]

for it..

MONEY LENT.

heard case this morning, in the Judgment was given in a part- Summary Court, by Mr. Justice

applied to inside a week.

His Worship said he would if Kemp, when Iu Tung Kong of Wing Lok St. sued Yuen Tuk and Sang Cheung, Shanghai St., rice dealers, to recover. $60.75, being as to $50 money lent on a promissory note, and as $1075 interest thereon.

PRESS COPY LEITER CASE:

A Further Charge added Tu-day.

fact that even before the arrival of the Bellerophon" there was no intention of landing the co- caine. The cocaine was to be Bent away." The intention to send it away does not in my opinion affect the question. The Defend- ant, the owner of the cocaine, was within the jurisdiction at the time when such cocaine was in

MEO. D. Melbourne at the Police the Colony. He was therefore in Court, this afternoon, bear Jur. "Possession" of sach escaine with the evidence in the onse in in the meaning of the Rogula which A. F. Dos Remedios is tion. It was also suggested that charged with the theft of press if I were of opinion that the De Copy business letters and a fendant is guilty of an offence privata telegraphic code, the pro- under the regulation the master Perly of Henry Cruz.

of the Bellerophon" is also Me O G. Alab stor,· in- guilty having regard to the fact atructed by

Mir

',

to

Mr. Crewe, of Mesara Hastings and Fastings, appeared for the plaintiff, and judgment was given

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45

Secretary

Hongkong 17th Ap.il, 1913,

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against the defendants who ap- Capt. CP Fedder will be Hoogkong 17 April-19152 + (3 5. peared in person.

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daspatched for the above ports on Fii- day, the 18th in t. at 1 pm.

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Return tickets are arsi'able, by the

Leo D' By 11 6 8.P. Korea there arrived that the word "custody" is also Almada, prosecuted, and Mr. F. O. from Toledo, Ohio, two new cars to be found in the Regulation. Jenkin, instructed by Mr. Crewe, which should prove quite antay of 6 to 6 day in Japan. His may or may not be guilty. of Messrs. Hastings and Hastings, are to be seen on the streets of That question is not before the defended. Court.

Mr. Alabaster said he had s Hongkong. The more interest. I was also referred by the de-further charge to bring. Since ing of the two now. arrivale is an fence to the Title of the principal the detective officer, Mr. Knight, Overland car with a coupe body ordinance the Pharmacy Ordin-execated the search warrant and in black, designed to carry pas ance 1908. In the said Title are went into the witness box, be had enger This vehicle, which has to be found the words "to regn- retained posse-sion of the docu been bought by Mr. Lau, & late the Sale of Paisons Itments relating to the search wealthy Chinere, is fitted with a was submitted on behalf of the warrant and he (counsel) had four linder engine which defence that the intention was to not

an opportunity developes 30 hp, has a send the cocine sway and there of examining them until they magneto ignition and is suppli- fore there could be no question of came into Court. He therefore ted with the newest thing in star any sale.

wished to ald a charge of stealers. The old crank in the front Until recently it was considering, tokin and carrying away. has been dispensed with and the ed that the Title was not a part on or about September 12, certain chauffeur op start, the engine of the Statute and therefore to be draft letters of prior date. excluded from consideration in Defendant formally pleaded not construing the statute." I guilty to this charge.

Mr.Jeukin-1 understand the

22

had

is now settled law however that the Title can be consulted. embezzlement charge. preferred The Preamble can and coul- last night, has been dropped. always be consulted. Maxwell

from his seat by the pressing of a switch and the manipulation of a lever with his foot. It is the last. word in self-starters and we are nesured by Mr. Lauritsen of the

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THE COMMITTEE of the Vic- toria Recreation Club request the pleasure of the Com- on SATURDAY, the 19th April, pany of the Ladies of Hongkong at 1.00 p.m., on the Hongkong Football Club Ground, (kindly placed at the disposal of the Com- mittee) at Happy Valley.

Admission to the Ground, Stand and Enclosure (Gentlemen) $1.00 Members of the Hongkong Football Club, on presenting Membership Ticket-Free.

No person other than Officials and Competitors allowed within the Course.

By kind permission of the Lt- Colonel and Officers 25th Rajputs, the Band of the Regiment will play during the afternoon.

F. LAMMERT,

Hon. Secretary: Hongkour, 17th 3 pril, 1915. 1816

NORDDEUTSCHER · ́`LLOYD

BREMEN,

HE Russian Steams' ip

"BARON DRIES EN " Coronation Garage that the new Capt. J. Esemmerling, is exposted to Mr. Alabaster: My friend, ays departure is abeclutely fool leave for the shore posts on or about IMPERIAL GERMAN MAIL on page 60 refers to the question the charge of embezzlement has proof. The wheels have 33 by 4 18th April: » KAN of consulting the preamble na dropped; this is the same. I tyres and the brakes are of the

For Fioight or further information,

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Agents..

follows: The Preamble of a have mered the matter expanding and contracting order apply to

statute has been said to be a and in'

"

a

Mitchell toa ing vehicle capable Hongkong, 17th April, 158.1817 of carrying seven passengers and

is cf aloudard equipmentrit A THOUSAND TAELS. Boat People Charged with Oplum Possession.

opinion it is lar The second car, which is an good means to find,ut its mein- ceny, only, of course, your

addition to the Garage stock, is ing and, as it were, a key to the Worship has power, if he thinks understanding of it, and as it it is embezzlement, to amend it usually states or professes to This is the charge I spoke of an atote the gener.object and embezzlement, but it is larceny. intention of the Legislature in

Mr Jenkin It is larceny by passing the enactment it may

olerk or servant,. legimately be consulted for the purpose of solving any ambiguity or of fixing the meaning of words which may have more went to press. than one or of keeping the effect of the Act within its real scope wheney,r the enacting part is in any of these respects open to doubt

reason why the Title can

The

Mr. Alabaator: Simple larceny. Mr. Jenkin, Yes, very simple, The case was procceding as we

WAS HE SHAMMING P

Prisoner Carried into Court.

TO LET

LINE NOTICE TO CONSIGNEES. THE Stenship Rene

“BUE OW". having arrived, Consignees of cargo are hereby informed that their Goods, with the exception of Opium, Treasure and Valuables, are being landed and stored

A Hacienda East, 74 Monat Kellet i at their risk into the hazardous and/or

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women and two men) before Mr. Hazeland with being in unlawful

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unless. Intimation is received from the Consignees before noon to-day request- ing it to be landed here,

"No' claims will be admitted after the

possession of 1,050 kaela of opium "THE TWENTY FOURTH OR- which, it was stated, they were DINARY ANNUAL MELT- Goods have left the Godowne, and all convoying 8.8. RubiThere ING OF HARIROLDERS in the goods remaining undelivered after the be consulted is because of the Two policemen carried was further charge of attempt Company will be held at the 3rd of April, 1918, willbe subject to modern practice pot to insert Chinese fato Mr. Hazaland's ing to export the opium without Office of the Company, St. Geor-rent Preambles in Statutes. The Title Cours, this morning, and dumped 6 permit.

ກ

go's Building Victoria, Hong-All broken, obaled, and damaged Kong on Saturday the 26th day of Goods are to be left in the Godowns. April 1913, at 12 o'clock noon, for where they will be examined on the 281d the purpose of receiving a State-of April, at 9.80 a.. ment of Accounts and the Report All claims must reach us before the of the Directors for the year end 30th of Ap 11, 1918, or they will not be ing 31st December, 1912.311 recognized.

THE TRANSFER, BOOKS of |-}- No » Fire:Intopanos will be effected,

has taken the plice of the Prepm-him on the for. Sergeant Mr. Otto Kong Sing defended, ble. This is what Lord Alver- Grant then charged the man with

The eise was adjourned, ma stona C. J. in the case of the stealing a joket from a verandel,

Good Advice.. London County Council Y

Bar-

and told his Worship that the man The Federal Otatoil of the fondsey Bioscope Co. 80 was shemming. He (dolendant) Dutch Reformed Churches has LJKB. 144 says on this point: had jumped from a verandah, but telegraphed to General Baiba and the Compous will be closed from -very-much-regret that the was not seriously hurt General Hering urging them, to the 21st to the 28th April! hott practice of inserting Preambles Defendant pleaded guilty and effect a settlement of their differ- day inclusive.

in Acts of Parliament has dis-I was contenced to one month's hard enos, even at the extense of By Order of the Board of Direc appeared for the preamble labour. He was carried out of grest personal sacrifices, and thus tors helped to the solution of doubt. Onart.

ang Apa, il avoid a sohism among the people, Hougkoop, 17th-April, 19 ISOVES

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