1927-07-13 — Page 2

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THE HONGKONG TELEGRAPH,

REPULSE BAY CASE.

EXTRAORDINARY POWERS:

OF LOCAL POLICE.".

Chan: Hin-shun and Li Shiu-plu were again before Mr. R. E. Lind- sell yesterday afternoon when the former was charged with reckless driving, passing a moving vehicle in a controlled area, failing to produce his licence for Inspection When called upon t. do so and resisting Inspector P. Grant in the execution of his duty, and the lat- ter with obstructing the police.

Mr. Geo. K. Hall Brutton ap- peared for the defendants and the case for the prosecution was con- ducted by the Captain Superinton- dent of Police, The Hon. Mr. B.D.C. Wolfe.

Commenting on the Ordinance which gave power to the police to be apprehend anyone "who may charged with, or who may be sus pected of being guilty of any of fence," Mr. Geo, K. Hall Brutton in continuation of his argument stated that if that Ordinance were construed without any limitation it would absolutely averride all the constitutional lawa of Eng

regard to

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Power to Resist,

Mr. Brutton contended that the Inspector should have stated by what authority" he was arresting the defendant, and the mere fact that the Inspector merely stated that the defendant had broken certain traffic regulations was not enough. He should have clearly atated the authority. If that au- thority was good, than the Ins- pector could arrest, and if there there Was no authority than should have been no arrest.

WEDNESDAY, JULY 13, 1927.

ELECTRICITY STOLEN. NEW CITY BUILDING.

ANOTHER CASE OF TAMPER-" ING WITH METERS,'

OFFICES TO BE BUILT NEXT TO A.P.C. BUILDING.

The hearing of the charge of Messrs. Abdoolrahha and Co.. brought are now preparing plans for a new larcony of electricity against the manager of the Sunblock of offices to be erected next to the A.P.C. Building in Queen's Kam San Restaurant was common- ced before, Mr. W. Schofield at the Road Central. This will necessitate Kowloon Magistracy yesterday pulling down Nos. 18, 20 and 22 Queen's Road, premises occupied afternoon.

by Roland Sarrault, a changer and a rattan-ware dealer This property has respectively. changed hands at a figure of three Jakhs of dollars and it is expected that the work of demolition will be started in September:

Mr. H. J. Armstrong appeared for the complainant company, the China Light and Power Ltd., and Mr. D. McCallum represented the defendants,

money

This was another prosecution

The now building will have, a for larceny of electric current by

of 45 feet to Queen's frontage tampering with meters, said Mr. Armstrong. The case against the Road and will be about 30 fest defendant in court (the manager) high. Provision will be made for could not, however, be proceeded with, as Mr. McCallum had in-shops on the ground floor but the

of office accommodation. formed him (Mr. Armstrong) that reat of the building will consist the man who appeared, to answer the charge was not the man whoseuilling will be a five storey one That the front and eight behind, in name was on the summons. man summoned was the licensee, cluding the mezzanine floors. Who, Mr. Armstrong was inform- ed, had gone to Shanghai,

Tho

The front of the building will' be on a level with the A.P.C. which forms the new building line for It was impossible therefore to that side of Queen's Road Central. proceed against the manager on This will enable the footpath to be the same summons. Mr. Arm-widened at the point as early strong suggested that the sum drawings of the new building make

provision mons against the original defend-no

floor for, first ant be, withdrawn and said that verandahs. the manager. was, he understood, Concrete will be used through-

prepared to answer the same charge.

'13

ont in its construction and when completed the block of offices will His Worship said that he would be a welcome addition to the city's alter the names, to which Mr. Me-modern buildings. It is hoped to Callum suggested that as a matter reproduce a plan when drawings of procedure the summons might have been completed by the ar- be dismissed and a fresh charge chitects. made out against the manager.

Annie, Viscountess Cowdray, widow of the first viscount, has been unanimously elected by Cal chester Town Counell to succeed her late husband as High Steward. The viscountess is the first woman to be appointed to the position in England. It will be recalled that the late Lord Cowdray, who died on May 1, was to have been pre- sented, in company with his wife, with the freedom of Aberdeen on the day he died, and they had tra- velled from London to Lord Cow- dray's seat at Dunecht for that purpose only a day or two pre-

Mr. Armstrong, opening his case, said that the facts were similar to those of the previous case with the exception that there was further evidence against the defendant. When the No. 1 meter render visited the premises the de- fendant offered him a bribe not to This showed report the matter. that the defendant knew perfectly well what was happening, although he did not do it himself.

Evidence was given showing that the three meters in the de- fendant's premises were tested and that on certain days the hands Mr. Lindsell stated that haw-of the meters had been turned kers were arrested daily under back. The case was then adjournviously. that law.

д

If a broad construction was put on that particular police regula- tion, Mr. Brutton stated that policeman could lay his hand on anyone and say arrest you,"

had and a man so arrested power to resist,

no

entirely

ed till next week.

Mr. Brutton replied that the cases of hawkers wore different. In

case man which they do not possess hawked without a licence and in where, in the world.

the

one:

A

the other a motorist broke

traffic regulations. The former was a direct contravention of the faw, and the latter only a branch.

The Defence.

The decision of.. the Aberdeen Town Councell was not annulled by Lord Cowdray's death, and his name, together with that else- of Lady Cowdray was added to the roll of free burgesses. The late viscount was elected High Steward of Colchester in 1910.

The first defendant. Chan Hin shun then went into the box. He The Magistrate intimated that said he was the proprietor of two he could not" seo the difference, shops and owned Car 555. He had to which Mr. Brutton replied: boen driving in America and your Worship construes that Or-Shanghai and had never had any dinance as widely as you seem complaint made against him. He inclined to do you not only wipe took three friends to Repulse Bay 4579 out the law of England, you wipe on June 27 and admitted having in the controlled out the protection which a British passed. a car subject and anyone under the area, but gave his reasons that the British flag may be entitled to ex-ear in front was going. very slow peet, and I ask your Worship to and that it went towards the side conaider very carefully before you find a constable has no limit to his power of arrest.

Wide Powers.

Mr. Lindsell: Admittedly, the provisions of the Police Ordinance are extraordinarily wide. the same as the Police Act Home, Mr. Wolfe?

Is it

at.

Mr. Wolfe: I cannot say whe- ther they are the same,

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of the road, and that the exhaust 1556 was throwing forth volumes of smoke:

4608

When he reached Repulse Bay 4574 he said the Inspector came up and sarcastically asked him if he was very smart. He denied using 4572- abusive language and added that the Inspector was very angry. He was seized first by the wrist and 4600 then by the scruff of his neck. As he could not leave the car, his foot being. on the brake at the time, the Inspector climbed into the car and twisted his hand. He described how the Inspector aa- saulted him and said that several bathers came on the scene, and 4603 although they wero doctors and Mr: Wolfe:

That Ordinance offered to stand surety for him, has not been repealed since 1900 the Inspector would not let him go which shows the police have used and insisted on his travelling back. their power with tact.

to the police station "in the Ins pector's car.

Mr. Brutton: The power of arrest given to the police is ex- traordinarily wide and they do not possess the same power anywhere cise in the world."

Mr. Lindsell: I will reserve the point. From the wording of the

At the police station he was re-

ד

4609

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court

The second defendant was 8, Des Voeux Road Central giving evidence when the rose.

Mr. Brutton: In every other place in the world, so far as I know, there is no power given like this, so how is a man to know that The hearing was'adjourned until out here the police have, power Friday at 11.30 am.

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