1923-02-22 — Page 2

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[KWANGSI BANKNOTE

CASE.

THURSDAY, FEBRUARY

I con-

he relied on certain authorities in " support of his contention. Those authorities are, I think, based on [speciße statutory provision and have no relation to the extended Conviction Upheld.

provision of section & Judgment was givan yesterday fatrue that section in the most com- by the Full Court on the point prehensive sense withou: any such reserved in the Kwangsi hanknote restriction, but I think that section rase, which came before the last 3 (3) (b) to which I have referred. Criminal Sessions. The prisoners. [read in conjunction with section 6, two Chinese, were charged in con-is in any event an answer to the nection with the discovery of alargument that the documents mast counterfeiting plant in a garden be of some inherent vaihe.

As to the construction of the on the Kowloon City Road. They

*document. Best says at were defended by Mr. Elsley Zeit-word lyn, instructed by Mr. G. K. Hall 2 2009 The remaining instruments Brutton. The Attorney General.jof evidence are Documents, under Hon. Mr. J. H. Kemp, prosecuted, which term are properly included that the all material substances on which Kwangsi Bank having ceased to the thoughts of men are represent- exist and the alleged notes bear-jed by writing er any other species ing no promise to pay anything, no of conventional mark or symbol"

bad offence

"instrument" been committed. As to the term

Hawkina J. เค Saving these points, the jury found the language of the prisoners guilty. The Full Regina v. Riley 1896 ) Q.B, at 31.1 Court yesterday. decided against

There can be no doubt whatever STEAM LAUNCH FOR SALE. Mr. Zeitlyn and the convictions that the subject matter in question.

is "a document.” were contine

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The Judgments.

The Chief Justice found as fol laws: Rex v. Chan Chuch & Tong Cavut.

As regards the first count in the indictment I have given orally my reasons for holding that it cannot stand. It is unnecessary to repeat them and I think the conviction on the first count should be quashed

As to the second count it charges the accused with urging certain documents to wit actes purporting to be one dollar notes of the Kwangsi Bank" with intent to de-

see

The verdict of the jury on this count must stand.

Puisne Judge's Finding,

Mr. Justice Lempertz said:

On the trial of an indictment at the Criminal Sessions for January" two points of law were taken be

fere me by learned Counsel for The first coust the defence.

of valuable charged forcery securities under section) (a), of the Forgery Ordinance 1922 The second count charged forgery of documents under section 6 (1))

of the Ordinance.

Counsel objected that the notes)

MASSAGE HALL fraud. This count is laid under the subjes of both counts were

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section 6 of the Ordinance, which neither valuable securities

misdemeanour the documents within the meaning of constitutes a forgery of any document, which the Ordinance. They purport to not made felony under the other be $1.00 notes issued by the Bank! sections or under any other enact of Kwangsi. 1 is clear on the ment for the time being in force. evidence that the Bank closed its

if committed with intent to defraud. † dhors in June or July, 1922, and

It is clear therefore that the set-has not since carried on business.

wide tion is intended to bear a

The case presented some un- construction; it reproduces com usual features, and as a question moa law forgery and contemf construction had arisen, 19 plates the forgery of any document.decided to take the verdict of the which is not otherwise provided jury, reserving for the decision of for in the Ordinance, provided the the Full Court these two questions

of law. Intent to defraud is established.

Now the

On the first count my difficulty evidence shows that

find on these although the Bank of Kwang isis that I cannot always in -tock roll Slms, for the time being un-existent, the antes any promise express or im

|plied to pay cash. (English trans- camers, papers, and pictures of notes or documents

time exchangeable for silver and lation of the note attached). The local and S. China views.

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14 Wise 1 E3 201

were at one

obviously relying on their prospec tire value in the expectation of future Kwangs Government.

This evidence presumably satis- fed the jury in finding the intent to defraud.

[security for the payment of money. |

There is, of course, a statement printed on the n te that it is for current ase in payment of taxes and

revenues in the province.

22.

1923.

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There is also the statement that would such a aming be necefied and the Bank closed its doors. of this enterprise. Ako be asked large sums of money

have been

Now forgers defined as the prepared for the purpose of cash of the holder was guaranteed making of a fate document ining with 2 view to affording repayment in silver by the Govern

order that

::

removing its notes by water.

These notes are no longer cur- rent in the ordinary sense. ment of the Province?

A I am not satisfied on the ev Bank is not doing business.

changer would dence before us that pasument Hongkong money

as of right give nothing for the notes. etuid te demanded

His Lordship to consider the fact that prisoners had been in gaol The since Sovember.

The Pune fudges that ther was no doubt that this was forgery |ca a big seală; but he accepted the

They wer second coun

Say be used facilities to the money market. genuine" section 315, and a de- But there is where any clear ment is false "fit purports to he promise or undertaking that the made by a person wi jdid not make pute will he washed on presentation may be that this was so and But we are informed that peo-submission that there people were

" Mction A 2. Then "trzony or at any subsequent time. The that in the course of business theple in Kwangsi still traffic in cut the pricipal, of ad aument may be compla el evidence snows that these notes even if the document when forged is Incomplete or is not or does not purport to be such a document us would be binding or sateleps

the

note

notes

notes were regularly cashed on them. in the hope that there may convicted on the tere saded by Luk. Governor of demand. But there a no clear, yet again be a Kwangai Gövem-caly, on mieder aber, for which

started the Bank Kwangsi, who

levidence of this. The Attorney ment. Their value in this trafic the maximum sentence was thre and was

head. It was General agreed with me,

at the is about 20 cents to the dollar. Iyears. He sentenced them to twe Government and not a private

imprisonment with bare park. Now a bank note ordinarily end of his learned and interesting am satisfied that these notes are ess

argument, that a finding merely "documents" within the meaning labour, taking into account the bears a promise to pay on demand as the notes were at one time of section 6 (1) of the Forgery they had already been in prison The Word Document."

the face value of the note. Such available for the payment of taxes Ordicunce.

since Noramber. Than tu dalek for a moment the 14 promise is set out on the Straits was not enough to constitute them! The word is in my opinion used,

Settlements Government question of the meaning of the

securities for the payment of in the section in the widest sen32.

AN IRISH FICTURE. word "document," the verdict of issue.

money under section 4 2 of the See the discussion of the inter-

In connection with the wicked the jury implies that the documents

term of greater destruction of railway property First Conviction Quashed.

Ordinance. I cannot on the evi-pretation of a were false in the sense that they

The British

dance carry the matter farther formality, the word "instrument."

in South Ireland by the rebels currer cy were not made by the Kwanged under the authority of 4

than this, without considerable in the judgment of Hawkins J. in which does not seem to have any Bank who purported to make and 5 George V. Cap 14 have think that the conviction on the follows therefore that the convic of Jan. 10th. publishee a map of doubt. On the whole therefore I Rez. v. Biley 1896, 1 Q.B. 209. It real military reason, the Times and further that they were male in

such superscription But the order to be used as venuine. Then

ition on the second count was right the railway ouirazes of the first count must be quashed. Statute enacts that the holder is to the question of the worth of entitled to obtain on demand pay-

damage done to the Great Fouth- the dicuments at the present timement for the note at face value! On the second count 1 have tea

Prisoners Sentenced,

ern and Western Railway of owing to the mon-existence of the in gold coin, legal tender at the difficulty.

Mr. Zetiya asked for lebleary, Ireland during the present dis Blank, it seems that the forgery mar Bank

England. The

It appears, as i have already pointing out that Loth men were orders. It is a perfect mass of The complete although the d Statute makes the

bank-observed, that at one time strangers and destitute. One bed, “blob." The permanent way notex

could get silver for these notes. Leen a cook in Chotea and the other has been damaged in 375 places ments would not bind the Back in notes and valuable securities. law-action 3 (2) (5).

There is evidence that at one They are expressed to be acceperployed on a book. They came over bridkes 51 and under bridged Now Mr. Zeitlyn argued that the time you could get silver for theseable at face value in payment of here under the indesinent of a 207. signal cabins burned 83 document, must be effectual Le-Kwangsi notes.

munificent wage of 55 per month: buildings barned 13, and engines There is a war- taxes.

We are told that in July last but not baving worked a month be derailed 42. This Jather look tore forvery can lie. and that the ink printed ата the back documents are a mere nullity as of the notes that they are not when the Kwangtung army occu, fore they were arrested, bed like cutting off your nose to the Bank has ceased to exist, and

discounted pied Washow the Governor Luz esived nothing from the proceeds spite your face.

ٹا رہے

underrated or

same

The Second Count.

I and must be affirmed.

DOINGS OF THE DUFFS

HELLO, TOM, HOW ARE YOU? I UNDERSTAND THAT YO! JUST BUILT A NEW HOUSE -

IS THAT THE RIGHT

DOPE?

YEP-AND WE'RE LIVING IN IT ALLREADY CHARLEY-

HOW ARE YOU?

YOU MUST BE MAKING

A LOT OF MONEY. TO BE BUILDING HOUSES AND ALL

THAT SORT OF THING!

Tom Gives Detailed D rection

YOU MIGHT BETTER SAY, I HAD A LITTLE MONEY-

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GLAD TO HAVE YOU, CHARLEY- ANY OLD TIME, BUT MAKE IT

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