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THE HONGKONG TELEGRAPH,

FRIDAY, DECEMBER 21, 1928.

CARVALHO YEO CASE.

PUBLIC MONEY.

Doctor's Orders

SPECIAL EXHIBITION AND SALE

OF

ORIENTAL CARPETS

Including

TIENTSIN, INDIAN, PERSIAN AND EGYPTIAN WEAVES.

There are some very choice examples of beautiful Oriental colouring.

These make most acceptable Christmas presents for the home.

We have retained our old premises at 36 Queen's Road, for the showing of this collection.

D. CHELLARAM

OPPOSITÉ HONGKONG HOTEL.

Christmas Greetings

The Christmas Gift

for the Entire Family

Be good to yourself and your family. Buy an automobile for Christmas to be enjoyed for months and years to come.

WHAT A CHOICE!

STUDEBAKER, ERSKINE, MORRIS, CHEVROLET.

COME IN AT ONCE FOR A DEMONSTRATION AND ARRANGE

FOR US TO DELIVER ONE

ON CHRISTMAS MORNING.

We have a number of used cars on hand at bargain prices.

THE HONGKONG HOTEL GARAGE.

-COMPLAINS AT SEVERITY OF SENTENCE.

EXPENDITURE OF $78,236 APPROVED.

The Colonial Secretary (tho Hon. Mr. E. R. Hallifax, C.M.G.) presided at a meeting yesterday

APPEAL ABANDONED. of the Finance Committee of the Legislative Council, at which

The question as to whether, or supplementary expenditure amount- not the Puisne Judge. (Mr. Justiceing to $78,280 was approved.

In regard to a vote for $60,000 Jacks) was right in ruling that

for transport for Government aer- the evidence of Police records was not admissible as evidenco during vanta, Sir Henry Pollock naked the trial of Carvalho Yeo at the when the period of leave was re- last Criminal Sessions, was deduced and whether it had been finitely decided by the Full Court approved by the Finance Commit- yesterday afternoon. The judges tee of the Council. were the Chief Justice (Sir Henry The Chairman replied that the Gollan) and the Puisne Judge (Mr.length of service to qualify for Justice Jacks). Their Lordships leave was approved very shortly culed that the decision of Mr. after Sir Cecil Clementi arrived in Justice Jacks was right, and that the Colony. the evidence was not admissible.

In the course of the sitting, Carvalho Yeo stated that the sen- tence he was serving was very severe, but Birlonry Gollan in- formed him that they were not concerned with that question at the moment. If he wanted to make representations in that connexion he would have to send a petition to the Governor.

Sir Henry Pollock wanted to know whether it was brought be fore the Finance Committee. It looked to him as being something! in the nature of a bonus to Gov- ornment servants.

The Chairman said, that leave was now granted for four years' service and in very senior essen it was possible to obtain leave by special privilege after three years. The point with regard to police Both these rules had been incor- records was taken by Mr. F. C.porated in the general ordera for Jenkin, who, Instructed by Messrs. some time, but he was not pre- Ruas and Company, defended the pared at the moment to give the. accused, while Mr. Eldon Potter exact date. K. C. and Mr. H. G. Sheldon pro- Becuted for the Crown,

Mr. Jenkin objected to the pro- duction of part of the police file concerning the investigations -made with regard to Teang On- wing and Chan Man-kun, saying that the whole file should be pro- duced in order to be able to give the proper value to the document. The position is explained in the following statement, which was rend yesterday afternoon by Mr. W. Thomson, clerk to the Chief Justice.

Mr. King's Refusal. "At the trial of this case, Mr. Thomas Henry King, Deputy Superintendent of Police, was anked in cross-examination by Counsel for the defence if he would produce the records of the Criminal Investigation Department with reference to the enquiry by that department into the question of whether Taang On-wing and Chan Man-kun, iwo Treasury clerks, were implicated in the fraud on the Treasury, sa & result of which they were arrested and charged, but subsequently dis charged for want of evidence.

"Mr. King refused to produce the records without instructions from the head of his department. "Counsel for the Crown stated that the Director of Criminal Intelligence would not produce the records unless ordered to do

20,

that

|

Hon. Mr. Hynes naked whether this was the first year on which increases, had been asked for in this respect.

"The Chairman replied that the increases ran for more than A year. It so happened that more officers had been due for leave during the present year,

Sir Henry Pollock: My point is that this matter should have been brought before the Finance Com- mittee because obviously this amounts to something like a bonus the ofleers are receiving.

The Chairman replied that his impression was that it was brought about in order to make leave uniform throughout the Empire."

Sir Henry Pollock: 1 atill think this should have been brought be fore the Finance Committee.

that

The Chairman mentioned it was referred to in the estimates when a sum of $200,000 was pro- rided for. In passing that, mem- bers accepted the general orders under which leave was granted. The matter had been brought be fore the Legislative Council and the Finance Committee.

After further discussion, a'copy of the estimates was produced in which the matter was referred to, and Sir Henry Pollock expressed himself as satisfied.

Free Vaccination,

Sir Henry Pollock asked, In re- "I (Mr. Justice Jacks) rule spect of a vote for $450 for vac-

cination and registration of births, | the reports of the Criminal In-what provision was made for pub- vestigation Department with

relic vaccination in view of the pre- ference to Tsang On-wing and sent outbreak of small-pox. Chan Man-kun are protected in The Chairman replied that vac- this case, it being contrary to cination was performed free of public interest to compel their production.

"On the application of Counsel for the defence, the question an to whether the records in question were privileged was reserved for further consideration of the Full Court under section 78 of the Criminal Procedure Ordinance Na. 9 of 1899.

"The accused was convicted and sentenced to 10 years' imprison- ment with hard labour. The question for this Court to decide is: Was the Judge right in ex- tending the protection of privilege to the records of the Criminal In- vestigation Department on the ground that they are official secrets7 and upon consideration thereof to affirm, or to quash the conviction, or to direct a now triaj and to make such other orders as may be necessary to give effect to Its decision."

Point Abandoned, The Chief Justice then Informed the decused that a letter had been received from the defence, stating It was not proposed by them to

charge in Government hospitals, in Chinese hospitale, at Chinese public dispensaries and by the St. John Ambulance and Red Cross. The latter was conducting a vigorous campaign and the figures of the numbers vaccinated wore very satisfactory.

Anti-Malaria Work.

With regard to a Sanitary De- partmant vote for $150 in respect of anti-malarla work, Sir Henry Pollock asked in what outlying districts the work was being car- ried out.

The Chairman replied in the vicinity of the police stations in the New Territories and also in a number of the larger villages.

Sir Henry Pollock was assured, by the Chairman that the Chinese section of the Kowloon-Canton railway had already paid the charges referred to in a vote in re- spoct of Chinese Section rolling stock.

take any steps to seek the opinion for Crown), Sir Henry Gollan said of the Fall Court on the point that the accused's legal advisers reserved. His Lordship explained had informed the Court, according to Carvalho Yeo that the letter meant that the question of the police records, which the trial Judge (Mr. Justice Jacka) reserved at the instance of Mr. Jenkin, had bean abandoned. "

WAS

Asked if he wanted to say any thing, the accured commented on the sentence of 10 years ho serving, remarking that it was very severe. He went on to say that according to reports he had seen in the newspapers there were some men sent to prison for only five years on charges concerning $113,000 and $150,000.

Sir Henry Gollan pointed out that the Court had nothing to do with the length of the accused's sentence. If he desired to make representations with regard to that he must send a petition to the Governor. The Court was only dealing with the question, as to whether the evidence of the police records should have been admitted or not,

*

The accused then stated that he had nothing else to say.

Pulsne Judge Right. Addressing Mr. Fitzroy, (Counsel

to their letter of December 18, that they did not desire the ques- tion of the police records to be dealt with. The Court had as- sembled because it seemed impos- sible to accept the letter, and It was necessary for the Court to aft in order to decido. definitely one way or the other. They were quite clear in their views that the evidence was not admissible and that consequently Mr. Justice Jacks was right in his conclusion,

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Christmas Eve

and

New Year's Eve

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How does he do it? In four minutes he's down, smooth chinned and smiling, the envy of all men who don't know the decret. He uses a "Valet." The "rushed" shave has no terrors for the "Valet" user, because the razor's always ready for him:

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