1920-05-31 — Page 7

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THE HONGKONG TELEGRAPH.

FULL COURT.

APPEAL AGAINST MAGISTRATES DECISION.

Before the Full Court this morning, comprising the acting Chief Justice (Mr. Justice [Gomperts) and the Pulsne Judge (Mr. Justice J. R. Wood) in Appellate Jurisdiction, there was heant the appeal of Tse Tak, a postman, against Robert Wait.

The appeal was on a question of law, which arose in a case ||before Mr. S. L. Smith, the

Magistrate.

Was

At the Police Court on April [13,192 a complaint was pres ferred by Robert Wati against Tse Tak under section 36 (a) |of the Ordinanca No. 6 of 1900, Icharging him with feloniously Istealing. embezzling secreting for destroying correspondence, to wit: one letter. The charge was | heard and determined by Mr. N. 1. Smith, and on such hearing the appellant was convicted of the said offence and it (adjudged that he should be kept (to hard labour for three months. The appellant, being dissatistied with his determination upon) the bearing of the said com- plaint and alleging himselfj to be aggrieved by such deter- nimation, as being erroneous in point of law had, pursuant to section 98 of the Magistrate's: Ordinance, 1890, applied to the Magistrate for lease to appeal to the Full Court, Upon the bearing of the complaint it was proved en the part of the respondert Land found

fact that the appellant Was AL 1230 A na on 14th April given The key of a certain pillar-box together with a tablei marked

as

$7

3 pm for insertion on that pillar box after clearing, that a certain letter was posted in the aid pillar-box by the respondent at 12.70 p.m. the tablet marked * 1 pum.“ being at that time on the pillar to The appellant was watched immediately on his return to the General Post Office from clearing pillar boxes and the ¦letter in question was not found among those which he bad brought back to the G. P. 0. The said pillar-box was then visited by the respondent and found by him to be locked and to bear the +3 p.m.

" tablet, but no: tal contain the missing letter. The letter was subsequently discover- jed in the main drop-box of the [G7P70 is an open condition.

It was admitted at the Magis tracy by the appellant that the proceedings at the Magistracy were legal and regular and that the conviction was properly made. It was contended by the appellant that the time allowed for his tour of the pillar boxes was dot{ suhrien to allow him to 'dai more than dear them. that the respondents hand writing on the letter was well-known to lim. and that the offence had not been proved.

Mr. Smith, however being of the opinion that, even had the letter but been subsequently discovered in an open condition, the offence of secreting had been¦ proved and that therefore, the evidence given before bim brought| the case within operation of

section 36 (a) of the Post Office ordinance No. 6 of 1900), gave the determination in the manner mentioned,

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been stack down well. The letter pelusion that if the drap box was The question of law atising on was addressed by the respondent joleared at 231 this latter mit the above statement for the upin-1 to Mrs. Lander. Bishop's lionse, have been posted Fetwein 235) ion of Full Court, therefore, was and

was posted and 3. I could not have bean |whether alleged offence had been 2 1239 17 a Los which dune by the appellant because be sufficiently provedcircumstantial the appellant in the ordinary was detained. The only difference ly by the negative evidence of the course of his duty would clear at in its condition was that it was absence from the letters duly 1 o'clock. At one o'clock that found open. I advise your Lord-| brought by the appellant to the box was cleared by the appellans ships to scrutinise the letter. Post Office of one particular letter and the next tablet which had to because it appears that the letter! posted in a púllar har en schich he be cleared was "3 o'clock" which was either opened forcibly or it alone had access.

was inserted by him. At 1.59, hav- was very carelessly sealed. These

Mr. F.C. Jenkin instructed bying done his tour, which was very are the salient facts. Your Lord- Mr. Hall, of Messrs. Lo and Loextensive, the nature of which ships will see the position is appeared for the appellant, and the does not appear in the deposition,this:--If the postman clears the Attorney-General, the Hon. Mr.jhe arrives at the Post Office at box at 1 o'clock and if nothing is J.H. Kemp.

appeared for the 2.39, where it was his duty seen of the letter which he Crown.

to hand over the letters, should have cleared, and that it Mr. Jenkin said-May it please Immediately after, he was is not seen until 3 o'clock or your Lordships, this an appeal by arrested by Inspector Wait, who little thereafter in the main box the appellant, who is a postman of locked him up in a room some-in the G.P.O. the appellant can- the G.P.O..against the conviction where in the Post Office and not be convicted. It was on these of Mr. S. L. Smith, by which the searched his person. The letter facts that the Magistrate has appellant was sentenced to three was not found either in the convicted this young man of months for secreting a Post Office letters Which the appellant felony. I would crave leare to. letter. The appeal is made on a brought back, nor on bis person.put in the Press report of the question of law and also by way. The parties to that search, I may Police Court proceedings, of application of a re-bearing say, are not sentioned in the Tho-Attorney General-Lob- and of the admission of farther deposition. At 2.30 the main ject to the Press account going in. evidence. I might refer your drop box in the G.P.O. was clear- Mr. Jenkin I would not have Lordships to the Post Office ed. Your Lordships will under: asked for leave to put it in unless Ordinance under which the man stand that at 2.30 the man was the Magistrate, Mr. Smith, said, guese and Eurasians, even in their is convicted. Under volume 1,under arrest. The main box was through his chief clerk in a Clubs," we are informed that the page 1102, section 36, the charge cleared in the ordinary course of letter to me, that as reported the allegations and innuendoes con is made. Your Lordships will half an hour According to the newspaper account was ash tained in the letter are wholly observe that the offence in that evidence it was cleared at 2stantially correct. antrue end without foundation, as section is felony, and, therefore. o'clock, 2.30, 3, etc. Regarding the letter which we no sach order, or say suggestion to justify the conviction--it The Pusine Judge-Not that it pablished on Friday last, signed thereof, was overgiven either by must be within it, namely, was cleared, but it should have

Eurasiaca and Portuguese," Mr. Lauder or by anyone else con- that it was done feloniously. The been cleared.

the order alleged nected with the Society.

Mr. Jenkin —It should have dealing with

facts are very short and they been have

given by In these circumstances, we appear in the deposition. That been cleared. Mr. Lauder, ot the Union desire to withdraw the whole of ❘ will give you an index to the facts. Continuing, Mr. Jenkin said Insurance Bociety of Canton, such allegations and innuendoes A certain letter was posted by At three o'clock, the appellant Ltd., to the European staff pro-and to tender to Mr. Lauder and the respondent in a pillar box. being under arrest, this latter was hibiting or rather admonishing to the Society a full apology for The letter appears not to bave found. That leads to the egn them not to associate with Forty- having published the same.

to

AN UNFOUNDED ALLEGATION.

|

After a long discussion, the Chief Justice ruled that the newspaper report of the Police Court proceedings could not go| on the record, the Attorney

General having argued that there was no evidence that the Magis- trate said what was attributed tu him, A

The case is proceeding.

J.

TEL

692.

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