1926-08-25 — Page 8

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LUKONG GETS OFF.

(Continued from Page 5.)

Illustrative of his argument

WEDNESDAY, AUGUST 25, 1926.

HONGKONG AND CHOLERA.

SANITARY BOARD ON

counsel asked whether, if a man | PRECAUTIONARY" MEASURES. evading arrest ran over a bridge

and blew it up before the pollee

Mr. N. L. Smith presided at a

reached it, that would not be re-menting of the Sanitary Board you- sisting arrest. It would be as terday afternoon. Those prosent much resistance as If the Police-Wero Dr. A. G. M. Severn, the Hon. man was sand-bagged, the only Dr. W. V. M. Koch, Dr. J. C. Mac- difference being that in one in- gown, Col. Boylan Smith, Dr. S. atance he would have physical dis- W. T'so, Mr. Wong Kwong-tin, Dr. comfort and in the other not.

S. C. Ho and Mr. R. A. D. Forrest (socretary),

Entitled to Acquittal.

If the action of the people in the sampan was not resistance then the position of the majority of the Police would be that, should they be on duty on the Praya after dark when such traffic was going on, their powers would be limited to standing on the Praya and watch ing the people they desired to ar rest row away. The evidence of the prisoner was that he tried to get the assistance of the Water

Police and could not.

The case presented no difficulty if viewed in a sensible mancer. Here was the Police Force advised by another department of the Crown. They obeyed these orders as good law because the law cloak- ed them with authority for what the prisoner did and he was therefore entitled to be acquitted.

Throughout his service pri

prisoner had always acted as a level head- ed man and with discretion. He reported at once to the Police stution and stated what had hop pened. He produced five empty shells from his revolver and was given five live ones in exchange and went back on duty. Although charged with manslaughter the Police authorities had allowed him to be at large the whole time. He was a free man until he stepped into the dock on the first day of his trial to answer the charge. He was free at the tiffin interval and free all the night and free at tiffin on the second day of his trial. He believed and always had believed that he had acted within the four-corners-of-the orders given him and which were made for the protection of the law. He asked for his acquittal

The Summing Up.

In summing up his Lordship said the case was an important one, affecting as it did the rela-

The

The chairman said he wished to bring before the Board a motion without notice, a thing he was entitled to do in an urgent matter so long as he had the support of two thirds of the Board. motion related to proposed bye- laws which the Medical Offeer of have made law in view of the Health considered desirable to possibility of an, outbreak of cholera. They concerned two items which in the opinion of the M. O, H. were most important in this connexion.

They concerned the distriction of the saio of cut fruit and ice cream, both of which wore sold in quap- tities in the 'strosta. He thought the members would agree that the Board should have powers to deal with these in case it should be- come necessary to restrict their gale. He was sorry it had not been possible to circulato-the-motion-as- he had only just received the draft bye-laws from the Crown Solicitor,

It was not meant to prohibit the but the Board might prohibit it sale of all-ice-cream in the Colony except in enses where permits for its manufacture and sale were given by the M. O. H.

"

The Board unanimously agreed. -to-allow-the-motion-to-be-put-and- the chairman then read the bye- laws, which are drawn under sec tion 16 of the Public Health Or dinance.

Dr. Koch seconded,

JJ

Dr. Tao asked if the chairman was merely asking for the power to enforce these bye-laws or ask- ing to have them put into effect at once.

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only wanted the power. Before the The chairman replied that he

bye-laws could come into force there would have to be a meeting of the Board to decide that occa sion for their enforcement bat arisen and they would have to be

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Dr. Macgown asked if these safety of life. It might also have regulations were to prevent an important effect upon the re-contamination by flies and dust putation of that court if the right why they should not apply to all decision was not arrived at

edible things exposed for sále But all they had to do was to which would not be cooked before apply the law of the Colony to the eating.. case and find whether this', man

Dr. Severn replied that the mG- jority of foods were cooked by the Chinese before eating. Veget, ables were all well cooked. It seemed the greatest danger lay in the two things mentioned. Fruit

had or had not committed man- slaughter. There was no dispute as to whether the shots fired by the prisoner were those which caused the death of deceased. That being so it was for the pri-particularly might be imported soner to justify his action. Had from places where there was cho- he done that?

lera and the coolles cutting it up and peeling it might spread con- tamination.

ין

It appeared to him not to matter at all whether there were discre-

The danger in ice cream lay_in pancies in the evidence for the the fact that it was to a large ex- Crown because the jury would tent carted through the streets, either convict this man or aequit Dr Macgown said he thought if.

tions they should be roade pro- they were going to make regula- perly or not at all. He thought all food not cooked before being eaten- should be covered.

him on his own

statement. If

that statement justified him it would be dangerous to 'convict him: If it did not justify him, then he must be convicted..

Were the sampan people resist- Dr. Severe added that ice cream ing arrest? It

was not the Inw affected children largely." Street that the man who smuggled arms hakwers were often to be found and ran away might be fired at,outside schools serving the chil- The regulations which had been re-dren as they came out, and these ferred-to-were-drawn up to ex- children were hardly able to dis- plain the law and the plain mean-criminate between what was good ing of resisting arrest was uso of and what was not. The bye-laws force, violence. Mr. Jenkin aug- of course did not aim at hotels and gested that all the Police force high class cafes. were in doubt about this regula- tion but he did not think so.

Should Be Convicted. According to law the power to takd life in order to effect arrest was limited to a few cases and the illegal possesion of arms was not one of them.

Little Fear of Outbreak.

Dr. Koch said that although he agreed with what had fallen from Dr. Macgown he thought it would be found impracticable to apply the regulations to everything. He thought they must be confined to what had been mentioned unless The other section of regulations they got evidence of the possiblity which Mr. Jenkin had referred to of other foods, becoming cont was brought in to confuse the is aminated. He thought so long as Buc. His opinion was that pri- as it was there was no danger of the water supply remained as good soner's justification was not good in law and that the prisoner on the same time there was no reason an outbreak of cholera here. At his own statement should be con victed of this offence, but the de- why they should not take moderate cision remained with the jury

The jury then retired and re- turned after 20 minutes, bringing in'a verdict of "not guilty.”

In acquitting prisoner Mr. Justice Wood said, "The jury have found you not guilty, a decision with which I do not agree. You are discharged,"

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JJ

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