1928-07-04 — Page 2

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WEDNESDAY, JULY 4, 1928.

THE CENSORSHIP CASE.ho was able to serious damagon

CROWN APPLICATION ADJOURNED SINE DIE. The application made yesterday by Mr. Bomerset Fitzroy to Lieut.: Col. Eaves, D.S.O., to review cer- tain parts of his judgment against the Chung Fat Company, who were the printers of the Hongkong Shun

for doing so. This was not all, for the printer had aporfect right to assume that everything Was properly passed and it was not for him to reject anything given to him to print,

Mr. Fitzroy said that under the circumstances the punishment meted out to the printers should ba different from that awarded the publishers.

The Chung Fat Company, sold Po, was adjourned by the Magi-Mr. Fituroy, were properly re- strate sine die,

When Mr. Fitzroy asked his Worship to revise his judgment in the case of the printers, a week ago, the Magistrate then expressed a wish to hear Mr. M. K. Lo, who was solicitor for the defence dur- ing the trial

Mr. Lo was not present when the Court sat yesterday.

In making the application, Mr Fitzroy said that he was not con- cerned, with the publishers at all. Dealing with the printers, Mr. Fitzroy said that there were two things he would like to draw to his Worship's attention; The first "was the parties before the court and the second the penaltics his Worship had imposed.

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presented before the Court and would appear, with regard to all that had happened, to be a cor porate body; and he submitted that they could not be dealt with otherwise than as a corporate body and in that case they could only when he comes down bright and be fined. It was impossible to early, hungry for his breakfast fine or send to gaol each of the and cheery at the prospect of people, who were not brought be good day's work! Taken when needed, Pinkettes promota domesti¿ fore his Worship.

His Worship remarked that that harmony, for they correct liverish- was the first time Mr. Fitzroy hadness, stimulate the appetite, ald mentioned à corporate body.

Mr. Fitzroy replied that if he digestion, ensure, morning regu- Your had intended to summon the part-larity, thus banishing the cause nera he would have issued writs of frowns and gloom. against each separate individual. chemist sells Pinkettes, the dainty His Worship asked if Mr. Fitz-little gentle-as-nature laxatives, of With regard to the parties be-roy could put a somebody in the post free, GO" cents per vial, from fore the Court, Mr. Fitzroy anid box to say that the partners of Dr. Williams' Medicine Co. 60, that the summonses were issued the Chung Fat Company compris-Kiangge Road, Shanghal. against the Chung Fat Company Led Brown, Jones or Dick.

and that appeared on the face of Mr. Fitzrey replied that he could.

was

The Decision.

CROWN LAND SOLD.

INLAND LOTS FETCH HIGH PRICES.

it to be a corporation. The Com- not. pany appeared in one of the ways which it could appear, and that

His Worship: The grounds for was through a solicitor who said

your application do not seem to he appeared for the Company.

Four Inland Lots were put up Mr. Fitzroy then, pointed out urinc. in these cases the Crown finds itself in the somewhat unique that no evidenco whatever

Office yesterday afternoon, the given with regard to the constitu-position of having prosecuted to for auction at the Crown Lande conviction a person cr persons tion of the Company. So far as

j. A condition applied to each his Worship knew, and as every-unknown trading under the style auctioneer being Mr. II, West, three body knew, it was a corporation or firm-name of The Chung Fat of which were sold and one bought and must be dealt with as aucli. Co. who appeared and defended lot was that the purchaser should He reminded the Magistrate that by Counsel throughout the whole at one time during the hearing of of a protracted hearing concealed build and flaish, fit for occupation the individual identity of the part- before two years had expired, ane the case questions were asked by her or partners comprising auch or more good and permanent build- hig. Worship as regards the confirm. The resulting convictions Ings, and that the design of the stitution of the Company. Mr. Fitzroy had not been able to give were against "each individual partner of the Defendant Co:" the necessary information.

His Worship remarked that if and the Crown as prosecutor now applies for a review of that de- it had been a corporation it would cision on the ground that partners have been styled the "Chung Fat

in the firm cannot be individually Company, Limited."

is in fact a one-man concern the penalized. If the Defendant firm ground for the application does

The "Limited" is only put in to Mr. Fitzroy: Why limited, Sirt provide the liability of each of the persons in the partnership..

If it con-

not (and cannot) arise. sists of two or more partners the Magistrate's Power, Continuing, Mr. Fitzroy said he ground for the application does would like to bring forward the rise; but when, (and only when fact that his Worship had no evi- evidence is adduced to that effect dence to show that the defendant As this evidence is not forthcom printers were a body cor-ing I therefore have no alterna- be perfectly tive to adjourn the application porate. "I may right to sue them as a firm, but I sine die (that is to say) until the did not do so!" added. Mr. Fitzroy Crown is in a position to adduce

The Assistant Attorney General the required evidence. then went into various authorities covering his argument, and con

not

Mr. Fitzroy: With all due de- ference, Sir, you have fined each

exterior elevations and the dia- position of the buildings should be subject to the special approval of the Director of Puble Works.

The first lot was Kowloon Inland Lot No. 2120, at Tai Kok Tsui, with an area of 7,440 square feet and an annual rental of $86. The up-

set price was 311,160 and, there being no offers, it was bought in.

The second lot was No. 2762, at! Morrison Hill Road, with an area of 4,200 square feet and an annual rental of 348. Commencing at the upset price of $25,200, bids of $100 carried the price to $52,700 before it was sold to Mesara, Kwan Ka pack and Kivan Ka-yu, 78. Des Voux Road, top floor.

The third lot was New Kowloon Inland Lot No. 1137, at the junc- tion of Tung Chau Street and Yen Chou Strect, Shamshuipo, the area

tended that the only thing his individual partner and if there is being 19,500 square feet and the

no partner the judgment must go Worship could do was to fine a to the ground. I am submitting, corporation. His Worship did not Sir, that the whole thing has know that there was a partnership arisen through misapprehension and was only assuming. If the question had been raised by the de-on your part, fending solicitor, Mr. Fitzroy said he would have dealt with it at

onec.

Authorities Quoted.

His Worship then quoted legal authorities to support his judg- The Magistrate remarked that ment, saying: "I draw the atten- he did raise the point during the tion of the learned" Counsel for hearing of the case and the only the Crown to the Courts of Ex- thing Mr. Lo said was that he did chequer and Exchequer Chamber not know who were the partners, case of Regina and Dean (Mecson His Worship asked Mr. Fitzroy and Welaby's Reports Vol. XII nt

If the latter could say whether the P. 30 et seq.) in which two part-

annual rontal $134. The upset price was $29,250 and it was eventually knocked down to Mr. Li Ping, 10 High Street, Hongkong, for $41,600.

The last lot was Kowloon Inland Lot No. 2121, between Kowloon Inland Lots Nos. 1776 and 1862, Fuk Taun Street, Tai Kok Teul.! The upset price was axed at $4,806 and by bids of $50 the selling price of $6,500 was reached, the pur- chasers being Messrs. Teang Shau- ann and Kwong Shek-ling, 64 Queen's Road East. The area is

Chung Fat Company was repre-ners-having been separately con- about 3,203 square feet and the

pany,

annual rental $36.

punished, or merely that every offence should be punished. The offence question is, whether an which is committed by several

victed for an offence under the sented by one or more persons.

Mr. Fitzroy: I. cannot, nor do Smuggling Prevention. Aci (8 and 4 Wm. 4 0,53 844)-were, on an I propose to offer it if I can.

His Worship: I don't see how application for a new trial, each held liable to the penalties Imposed we could continue your applica-by the Act. In his judgment Lord tion. My judgment is against each Abinger, C.B., said, "I own I was partner of the defendant 'Com- at first struck with the apparent persons is to be visited by one. person is to be hardship of, involving several part-penalty, or cach Mr. Fitzroy: They were notners in separate penalties for the visited by a penalty. Here each concerned in the here before you. The reason why same identical act; but the words person who is

penalty under the Act." Guraey B and Rolfe B also concurred. The penalty sections in the Act quoted and in the Ordinanca under which the present 'convictions were ob- tained are in identical terms in that they penalise every person."

I am asking this application is be- of the statute appear to me to be transaction is plainly subject to a

They cause you have no power to deal decisive of the question. with any person who was not not are that "every person" who shall before you!

be concerned in the unshipping of Continuing Mr. Fitzroy said any goods; the duties for which that his submission was that the have not been paid, 'or shall be Magistrate could not do more than guilty of any of the other offences fine the Chung Fat Company. mentioned in the section, shall be liable to the penalties there in- Alcted. Then all persons who are The difference between the re-concorned in the illegal transaction sponsibility. shouldered by the are subject to the penalties." publishers and the printers was

"Alderson B. in concurring said, next gone into by Mr. Fitzroy. We must look at the statute to The printer had to turn the paper see whether it was intended that out and if he should hold it up, every person offending should be

The Responsibility.

SALESMAN ŞAM

THAT'S A SWEET STUNT OF YOURS - OFFCRIN' A: BARREL

OF SUGAR AS A PRIZE FOR A NAME FOR OUR HORSE)

SURE{} WHAT

COULD BE

J.GUZZLEM

SWEETER

NOW CUT OUT TH

Mr. Fitzroy contended that the case cited was civil and not cri- minal and that it was beside the point.

His Worship maintained that the ground for the application did not arise and accordingly adjourned the application aine diaj

A Little Horse Play

YEAH? KIDDIN', SAM! "THAT WELL, WHAT ? HEAD WAS PUT ON

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SOUNDS,

GUZT

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at a

SACRIFICE

We are removing from our present premises (opposite main entrance of the Hongkong Hotel) and have to sell the entire stock.

No reasonable offer refused.

Sale commences on 1st June, 1928.

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Pedder Street.

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