1922-03-21 — Page 2

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THE HONGKONG, TELEGRAPH.

THE SHATIN SHOOTING.

Mr. King Exonerated

and Praised.

TUESDAY, MARCH 21. 1923.

The Coroner naked the jury to ing stopped him in the peaceable King's attempt to seize the ting adopt the definition of "arrest" pursuit of his object, could lawfully leader and that it was marching iù (or "apprehension"-the words are on such person il alter detention a body to overwhelm the palice were regarded as the same thing) he failed to be taken into custody, Leicers in front of it by lore al given by Sir Howard Vincent, vi, Firing under these circumstances, numbers To his, the Commer's that apprehension was "the taking taken by themsehes, was clearly a mind, those things would make it After a retirement of nearly anɔf any person into custody to

criminal act

clearly an unlawful assembly with- hour and a half the jury in the answer to a court of law for some

The Coroner Muring back to the definition, in the first portion of the defnition enquiry into the shoating atfair specified offenca.“ near Shatin daring the recent thought it was pretty clear that at he Coroner queried: Was this While on that point he would like strike presented their verdict yes-the time of the aring no attempt rowd, as the time when it was to say that it made no difference the police fired ou, an unlawful assembly 1.Mr. in law whether the decision to which terday, exonerating Mr. T. Ewas being made by King, Deputy Superintendent of ofBeers to secure the arrest of any Shenton had argued that it was, the assembly proposed to apply nd had epsted his submission main-vialence was in itself lawful or une Police, who was in charge of the person or persons in the crowd police and military. from

Mr. King's Evidence.

y on the second part of the dent awful. An assembly pursuing a blame. Mr. W. L Leask, foreman, Į "Let me read from Mr. King'stion; and in order to bring the wial object was not allowed to read the Binding, his colleagues, evidence relating to the one inch|vircumstances within that part ei pursue it by open force. Il its Messrs. F. C. Hall and A. K. Fer-ding, which has any of the charac-che deânition he had bɛen driven to object was to establish rights, in guson, concurring. The Coroner, teristics of 43 arrest."

the argue that, the Deputy Superintendst establish them by lawful Mr. J. R. Wood, agreed with the, Coroner proceeded. "Mr. King. nt of Police was the person in the means provided by the courts. Tw verdict.

when in the witness box the first neighbourhood of thể assembly with much less then could an assembly A lengthy summing up by the time, said, I decided to try and get asonable grounds to apprehend which had committed a crime be Corner preceded the finding. He the white-coated man out of the reach of the peace. He, the Cor allowed to use open force in any said it would be the jury's desire.crowd. I could see I was losing

ner, did not follow Mr. Shenton circumstances? He did not, low efore he addressed them, that hejeontrol of the crowd I thought,

to discuss should there express their sym-hat if we get rid of these two that conclusion-the conclusioner. End it necessary pathy with all who had sufferedjmen we might still hold on. The that the second part of this dežni vith the jury what the legal prov bereavement in this unfortunate man was close to me, in front oftion would cover the present eirion might or might not have been incident.

Whatever verdict was me. I leaned forward and grabbed umstances. It seem to him exlich entitled the police to lock recorded on the evidence, it could him with my left hand. I caught ential that the person in the neigh- Napable road people inten:ling wt but be a matter of regret to hold of him, meaning to pass him bourhood contemplated by the de 2 se it in order to leave the the whole community that this to Sub-Inspector Pitt, who was Enition must be a person to whom jong page had found a place in the hisjon my right, with the object of, the crowd came and upt в регзод

The Citizen's Duty. ory of the Colony. He had no doubt setting his induence out of the attended in onder to interfere To continue, cace the jury that the jury had already seriously ferowd."

with the crus d. Mr. Shenton rederided that the crowd constituted nsidered the details of the That was Mr. King's statement marked on the absence of authvity an unlawful assembly (and that vidence, and he would not pro-- that matter when he

to be quoted, but would the jury was a matter for the application| ing the enquiry by reading it folfirst put into the winesa bɔx. He.

depse note his, the Coroner's diree of the legal deñnition of the facts them. He proposed to suggest to the Voroner, brought Mr. King them certain considerations whien!ork to the matter when he was to there, that this crowd would disclosed by the evidence) the a constitute an unlawful assembly (ritizen's right, in fact the citizen's would guide them in estimating recalled. and Mr. King then said: the value of the endence and in!" was playing for time and the within the wound dort of the Platy, to disperse a crowd by force, followed. The riot was In com- Tuition unless ales pory kwani tllari arriving at their vend.c. In doing plan üppeared to be working sue-

of the Tough they were established byjap and forged through the crowd, flutense either to prson or proper offence merged into the

idence of nulawful assembly. One he wight state certain facts as res-fully until the two men came, the anas then set altch it pays law the extension

other. the evidence; bat he trusted they their shouts of encouragement is was anticipate 1

The right to emply force re- aald mot Allow him to intrude in ne the er.wd at once. I saw it by residents

mained, the daty to do so became mal! The more urgent Finally on this of all kinds, especially for ship-- My way yen ter praviure us that unless I got rid of thele tw

ytren out of the crowd as once we

stry might be able to via this movingint of the claim of right to use veld and hold them. One was de vior of the bebom of t

referaney had here and held the other spiced the The Coroner told the jury that front man.

mond, Fast he hardly expected that the right to employ farce in I said 'Here Pitt.

self-defence. the ground had been cleared for,tike this man eut.”-

to repe! personal am to a very great extent. The in doing was to pacify the riot.

ttack by force. Where the medical cause of death appeuretinut: deal with the man persons,

jalleged assailants formed a crowd It the remained to consider wh jacting together as in the present from the evidence of Dr. Smalley,y."

rike the assembly was unlawivil case, evidence which would sup bullet wound: and the respon-i

No Arrest Made.

thin the terins of the Brst part port a finding of unlawful assem- | Halliere for the arts wansing the

That was Mr. King's evidence of the definizioa.

Was it an

as bigbor rist, would not generallyi wuth were accepted by Mr. Ring.!

Superintendent of. s that pulat. If the jury accept-oubly of three or more persone Police. When they came to copeed that as the erect statement)aksembled by the purpose of kom.

her the alleged justification for : what happened, they would wisting a crime de ogen burer * The, Mr. King's action, the position of find also that no claim of right to say had the evidence in microwd rested differed in their re-

re deceived in the er td, where he force on this cocasion could Thes were satredes.

e based on any statutory deñaf but the dressed and his e Fell, was a matter leading to the

What was d ne ference that the deceased was when si “arrest."

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The jump were thus free eon, to bring any person to Justice.

take their attention upon the

They thus came to the second

trel of the crowd exercised by 46-cod on which claith of right to

ses or Mr. King's tortion! ther t

their duty rating any grounds Ajasti

his

لادارة

CA

Th

found to support a Ending of samit. These two grounds on

ich right to employ force os a

The crime of unlawful

fussembly laid the offenders open

in law to force suficient to dis- perse them, while the crime of of breaking the assault would justify only suft-

attempting treat force for self protection) om 15 tool ng Arting together from the assault, and no more,

The Croner said he woul Mr. King at the time of the drinkse Sorce had been put forward this way, they were quilty of a

This was the right possessed by winked conspirney. Also the at desume, then, that the jury were: The Onus of Pront

every citizen to disperse by force tempt was in itself made a statutory (satisfied that the right to employ The fires eon-ideration he would, en wi which is guilty of the Ben, why in terms of Section m. same free on the crowd arose Say "before the jury was this: Ity: mmon law offence of unlawfull mph sentimen

from the circumstances. of the Travellers

They was a principle of English law) assembly. It was a common law, Dested the

might not be satisfied; they might; that where the responsibility for night powered by any ordinary leation the jury must ask then crowd was mere noise and effer- think that what occurred in the homicide was admitted or proved tritican and not peculiar to police or there was this: At the time! (the person responsible must metube Hirers. In common law the termjuken fred spons

descence, a which case they food this pronewold and death due to crimina ninafil neembly had a very of a complishing tact, and not listen aty further to - nis pust.heaton if he wen't

relieved of criminal ability, special meaning. Many assemblies OTHERS take your proeder The max of groot rested in him: Men they might expect to be upon hengen forgy ? According fast followed, for they would by our 9 years' experience we to clear himself. It was to part: Classed as unlawful were outside

as the jury nosempel that question (have no concern in it. take yours in EXCELLENT the jury duty to hunt for the definition.

they varied or denied to the! The Right Amount of Force? CONDITION and NATURAL

inse the present the betal right; COMPLEXION instead of the

Inlawful Assemblies.

But to proceed, they next came of using force in order to disters to the second question: Was the ly clear and sharp

Professor Dizey, in Law and the thongitation." des

in the affirmative, it was dircumstances,

In order to answer the 10.rto actually employed under the Studio Ice House Street. htign advanced for Mr. King and!

reasonable ribed the term "unlawful assem

and If these were subsmntial in

For instance wuty to be satisfied thatịcessary? That was an equally fast and sound in have to the low as a term of art.

xinised to them.

Įrias cromod was an unlawful assem-important question. If the firing! ce supposing that this crowd,; Justifiene!

reckless the crime mighti with knowledge of the legal prey either at the remneene dent of Ma should only be no rested poition, had meant to walk over, pourtra o at ang earlier pain amount to murder. If they con- Idered that the method and the the frontier, in an entirely peace-tuning its progress. They had force used, the use

ut manner, and

deadh Hot otherwise. From the woolence that the various weapons, was required to disperse The plea of justification before then it W33 not an unlawful; parties romping the crowd misit this galawful assembly or rist. or the jury fell under two heads; i assembly although ј Bad have Lad very different views LA if they considered that though re- firstly it was claimed that there assembled to carry

An อน up- the cars to be pursued in desired in some measure it was WALA a legal right to use force wawful purpose. No, peaceable sens of official opposition to their employed in excess of the neces

gainst the crowd on this occa-assembly, a long as it remained design, and the main body of thest of the occasion, the din: secondly it was claimed that seabeable, could constitute an un-jerad might have varied its intes would be manslaughter. At this the degree of force used was rea

lawful assembly. To come within a ne to time. Let it be point he could give them no special nable and necessar As to the the definition, 25: element of! right to use force. It was at one silence intended by the persons! ja-sumed, for the moment that the help. He suggested that they put Point argued by Mr. Shenton that embled or anticipated reason road was an unlawful assembly, themselves in the place of Mr. King and consider what in the the right here arose incidentally by in the neighbourhood where that earlier is had forced the police

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them in grounds cleany valid.

The Plea of Justification.

rrest, the police being armed with statutory general power to arrest. This was contained in the Police

Force Ordinance No.

D

Previous Events,

111

of

crime

The Evrant pead to the jury the end a half miles of road its inter and remembering Mr. King's nition of "unlawful asapwbly the became entirely orderly, in legal rights and duties, the neces provided The History of Com-f which case the crowd would havrsity for firmness without panic, 11 of 1900, Section 28. sub-section on Lavahich bai already been its character of an unlawful as and reluctance to injure or kili! 21. It read as follows: "It shall fered t several times in the proembly, or on the other hand is jany citizens. What ought he ta The lawful for any officer of police credags. iz.. An unlawful asset. intention might have become thave doce? What would the jury

to apprehend any person who may :dy is an assembly of three or more areasingly violent.

have done themselves? And if be charged with or who may rea

persons with intent to Commit

certain alternative courses occur sonably be suspected of beins

rime hy open force, or with intent | guilty of any offence without

In abwering the question before Mr. King in fact adopted reason-

red to them, was the course which]

warrant for

to carry out a common purpose, law them the pog were not concernyable in view of all that was then that purpose and! whether he has seen such offence ale urwfall in such a manner arith previous events except in shappening? committed or not. Apprehension to give him and courageous personaer as those events formed the key opinioas he must ask them to keep In forming their involved the use of force.

in the neighbourhood of the as the estimations of the intentions their eyes gloed on the spct mbly reasonable ground to ap of the crowd at the crucial time where the order to fire was given." At one pointain his address Mr.Pod a breach of the peace, int was the crown's intentions at the Mr. King's sole duty was to deal Shenton asked him (the Coroner)

Consequent of it." That was the time of the coromand to fire upon with the situation as it existed! it that the jury had, to pronounce then and there, and not to con-i

Definition of "Arrest"

to advise the jury that "arrest" definition the jury had to beat in would cover any form of detention mind. They would

a police officer, however tem-definition contemplated porary. Mr. Shenton quoted from

under both sub-heads.

Halsbury's Laws of England, 119,

& Pisaon Rantady for all Treopatas.jpage 295, para 607, to show that Theusage of dias always kony a hegreat consisted

of the actual.

violence

Could Have Left Peacefully.

It was not claimed, and it was not on the Brat sign of say Irregaladily of seizure or touching of a person's the law, that the police could 1

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ment of the force at his diaposal.. To his, the Coroner's almi.sider public order in other parts tion of the use of firearms at a see that this the answer was plain Inlays the of the Colony or at other times. ! point seven and

quarter And if Mr. King thought it his Mr. Shenton had drawn their atmiles along the Taipo Road on the duty to fire on the crowd whatever jury sax reason, to gestion the jevidence given by the

tention to the general state of the morning of the 3rd Marca they their behaviour in order to block European Colony, of murder here and stab were mere rhetoric and wholly their progress such idea was con members of the police furee the bing there, quoted the emergenty

irrelevant. had it in evidence that this crux legislation and

trary to law and reason. It could mea-t A Grave Responsibility, not be too strongly insisted upon Wie Niers. Those ghe use the room- Lady with a view to his detention. fully have fired on any person or

Įad zirendly forcer one police picketsures, and further described the If Mr. King gave the order to that if these persons were lawfully de, beade their four, the Coroner, was inctived to any number of persons merely to was advancing in a thick hunchn attempting to leave the Caloy course would be useful in the lawfully fired upon merely because in pursuance of this crime, that it concerted action of these meeple fire because he felt that such a fired upon at all they were out alsbury, if he had thought of derinta Chinese territory or ink that the earned editor of prevent them from crossing the bor-wit noise, that after

several as calculated defiance of His state of public order throughout their purpose was to leave the Er Shenton's construction of his tempting to do so. Also it was not shouted "C" on!" and "Strike Coroner, would say at once that was not reasonable. His duty was, oficer responsible for the restor

at-minutes' parley with Mr. King it Majesty the King. He, the the Colony at the time, his action Colony, and it was the duty of the definition, would have rejected it' and might possibly amend there law that a police officer who and in effect challenged the police in his opinion where such remarks to restore order where he stood,atton of order to explore every

Jetained one of those persons, hav-to shoot, that it interfered with were made as part of the justify with the least possible employ (Cartinued ng Day 3)

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