1929-09-27 — Page 2

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THE HONGKONG TELEGRAPH. FRIDAY. SEPTEMBER 27, 1929,

WHAT CONSTITUTES RAGS?

HAGISTRATE ADHERES TO

FORMER DECIASION.

ply with the standard of clean- liness, was not manufactured from rage and the definition of the word rag" then became of all import ance in each of the cases,

His Worship pointed out that the Judge found that the flock was made from rags "without attempt The singlet clippings straighting to define what are rags," from the factory did not constitute rags within the meaning of the Public Health Ordinance was the finding of Mr. T. S. Whyte Smith at the Kowloon Magistracy yester day afternoon, his Worship adhering to a previous decision given in a case which came before him some months ago.

MUI-TSAI CASE.

HON, DR. S. W. TSO GIVES

who

EXPERT OPINION,

CRISIS IN AUSTRIA.

HERR SCHOBER ACCEPTS THE

CHANCELLORSHIP_

The views of the Hon. Dr. S. w.

Vienna, Sept. 26. Two as an expert on the mui-tsa The Chancellor, Dr. Streeru Mr. Andrewes submitted that question, were sought in the case witz's, resignation was unexpect

which has been before Mr. T. M what the Judge meant by that was Hazlerigg for some time, concerned. One of the chief reasons was that he was not going to give an exhaustive list of what were oring the status of a 7-year-old girl his recognition that the Govern was found living with a ment was unable to mustar were not rags. In the second case family in Elgin, Street. In a not sufficient Parliamentary support quoted it was held that clippings able production running into 16 to proceed with the disarmament from new and uncontaminated typewritten pages, Dr. T8'0 9x- of the two opposing partles, the materiala constituted rags pounded his conception of the con- Fasciste and Socialists, whose Answering a remark from the altions of a mui-lagi in China, and frequent armed mass demonstra The case concerned the dis Bench, Mr. Andrewes contended answered 22 specific questionstions have aroused the fear of a. covery of material which had come that it did not matter whether the which were put to him. Certain revolutionary upheaval straight from the factory but material passed the mark of clean portions relevant to the points at which was being stored on pre-liness or not. It had to be rag issue were quoted in the decision mises that were not licensed for before a conviction could be obtain of the Court given yesterday after an offensive trade. The occupiered was accordingly summoned before his Worship but was discharged on the prosecution failing to satisfy the Court that the material constituted raga."

Mr. L. R. Andrewes appeared for the Crown and Mr. J. M. Remedios represented the defen- dant.

The Home Act":

His Worship According to the Home Act if it had been a rag and passed the test of cleanliness it would have been all right?

чтоод

The defendants in the case were Mrs. Li Wong-ahi, of No. 20, Hollywood Road, who was charged (a) with taking a mui-tsai inte ber employment; (b) with taking girl of 7 as a female domestic ser vant; and (c) with transferring the muistaa to-

Mr.. Andrewes: Yea His Worship Well that makes all the difference."

Mrs. Wong Yeung-shi, of 49, His Worship said that with re-

Mr. Andrewe replied that the Elgin Street, who was charged with gard to the question of the defini- tion of rags he had been misreport-state of cleanliness of the rag was taking the mui-tsai into her employ- ed in the Press. His definition of quite immaterial. The question was ment; while

what were rágs? It was not limit Wong Yin-kál, her son, was rags in the last case was some- thing torn or worn and not some-ed to something torn from a gar-charged with common assault and

ment which had come in contact ill-treatment of the girl. thing torn and worn.

with the body.

In the last case evidence had been given by Dr. Fawcett, and his evidence was very much to the effect that cloth picking was in- jurious to the health of workman because of the fluff that got into the atmosphere and into the lungs, but it would be more injurious if the cloth were dirty,

His Worship replied that what the Crown wanted was to have the Ordinance amended. That was what had struck his Worship very. much with Dr. Fawcett's evidence. Cloth picking was injurious to health and therefore what Dr. Fawcett would like to sea was that

F

Mr. A. E. Hall appeared for the first defendant, while Mrs. Wong and her son were represented by Mr. Hin-shing Lo.

Continuing testimony interrupted by the last adjournment, Mrs. Li Wong-shi said that when she ar ranged for the girl to stay with Mrs. Wong Yeung-ahi, who was

was clearly understood between the two women that the girl was to remain her (Li's) adopted daughter. It was not a fact that the girl was being transferred.

His resignation followed a can- ference with Barliament leaders of the majority parties, at which Dr. Streeruwitz himself auggest- ed that Herr Schaber be his aurtesaor General satisfaction and confidence are felt at the latter's prompt acceptance, in view of four great Fascist marches outside Vienna arranged for September 429, while reven hundred Socialist meetinga have babn・ arranged between the Fascist centres and the capital. Reuter

that that character at anco dia- tinguished the relationship between a mistress and a mui-tsai.

Baby's Own

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MAKE ROBUST CHILDREN

OF WHOM PARENTS CAN BE PROUD.

The

chief cause of tardy development in infants and little No Intention to Adopt.

children is malnutrition, due to The two women defendants put defective action of the stomach the girl to certain light household work, which admittedly did not and bowels, Baby's Own Tablets amount to menial work in, the ad- are specially devised to correc: vanced sense in which that word infantile indigestion, "to ensure

ship did not believe that in the

As far as his Worship could cloth picking should be made an distant cousin of hers, the position was used nowadays, but his Wor intestinal regularity, to assist

make out his evidence was more to the effect that cloth picking was in- jurious to the health. In spite of that, his Worship had to go by the terms of the Ordinance because he held that the Ordinance did not say anything about cloth picking.

If taken from the point of view of rag storing, continued his Wor- ship, he thought that the case for the defence was even stronger He pointed out that the storing of chippings from factories was no more objectionable than the stor ing of new singlets:

Hia Worship intimated that the prosecution would have to show that what constituted rags in the Home law also constitused raga according to the local law,

Crown's Case.

Mr. Andrewes prefaced his argu- ments by drawing his Worship's at tention to the Public Health Or- dinance, mentioning certain by laws which he said were also re- levant. They were relevant to show that the Legislature was parti- eularly anxious that anybody who carried on the offensive trade of rag picking should conduct their business properly and take out license so that the premises came within the supervision of the au- thorities.

offensive trade. It was really the picking that he objected to.

Mr. Andrewes said that there could be perfectly clean rags, but the Ordinance said that whether they were clean or dirty it was offensive.

Mr. Andrewes pointed out that dicat rags could soon become dirty, although he was not alleging that the rags were dirty in the present case.

His Worship remarked that in the cases quoted the prosecution was in a much stronger position than Mr. Andrewes was, because in each of those cases the material did not Pass the test of cleanliness..

The Local Law..

Mr. Andrewes agreed with-B Worship that there would have been no prosecution in the cases quoted if the material had passed the tests of cleanliness. According to the Home Act, in order to be offensive the material had to be dirty as well aa rags, but in order to be offensive in Hongkong the material need only be rags.

full sense of the word "adoption," teething, to expel works, and to Mrs. Li Wong-shi had any inter- generally keep the system clean tion to adopt the child. She had end healthy, thus promoting said that she always treated and regular development. Your regarded the child as her own chemist sells them, or poit free- daughter, notwithstanding the fact at 60 cents per vial, from the that she was staying with Mrs. tionship between the two women, Wong Yeung-shi, which, again, ac Dr. Williams' Medleine Co., 60, and the anxiety of the one to ex-cording to Dr. Tao, was entirely Klangse Road, Shanghai, tend her hospitality to the other. consistent with the position of a

Mr. Hazlerigg replied that on the mui tsaž

Interposing, Mr. Hin-ching Lo said that the position was also to be clearly understood from the rela

point of transfer of the girl he It was argued, that the girl had was finding in favour of Mr. Lo'shdopted the name of her mistress, cilent. So far as Mrs. Wong but there again, they had Dr. Ta'o's Yeung-shi was concerned, she had opinion that the adoption of the no case to answer, and the charge same surname was not uncommon to of taking the mui-taaj into her em- muí tsais.. ployment would be dismissed.

All the contentions of the de- fence that the relationship of the girl to Mrs. Li Wong-shi was other than mui tadi, said his Worship. must fall to the ground. The evi- dence on the whole was convincing of her being a mut teai. Mrs. Li Wong-shi must, therefore, be con- victed of taking a mu tani into ber employment on November 4, 1924. His Worship dismissed the other charges.

A Plen of Gullty. With regard to the charge of as sault against her son, Mr. Lo enter ed a plea of guilty and, in extenua ton of the offence, pointed to the precocity of the girl, who had been caught committing thefts. With the care of the whole household on his shoulders, the young man found it incumbent on him to chastise Before sitting down Methe girl after she had been dis- Andrewes mentioned that all he was covered committing one of these Much Criticism Unmerited. asking for was a conviction because offences. Mr. Lo urged that the

"Before proceeding to pass any it was considered that the Or-punishment was not unduly severe sentence on the first charge," his dinance did not require amending, and was justified by the circum-Worship said. "I propose to con-

Mr. Remedios based his argu- stances. menta on the standard of clean- In substantiation of his conten-liness and pointed out that the cases tion that the material found on the quoted referred to flock. He sub- defendant's premises constituted mitted that they, therefore, did not rags within the meaning of the apply to the case before his Wor- Ordinance. Mr. Andreweg quoted ship. the case of Cooper v. Swift, in which it was held that the word "rags" under the Bag Flock Act was not limited to rags which had become polluted or had come in contact with animal or human life. The similarity of the Home Act and the local Ordinance was that neither defined what constituted rags and it was necessary to look for a judicial ruling.

His Worship remarked that the case mentioned referred to flock Fannufactured from rags.

Mr. Andrewes argued that flock

E could not be manufactured from

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rngs unless a person had rags in his possession.

Continuing, Mr. Andrewes said that they could not limit the mean- ing of rags to something worn or torn. The definition had a broader meaning than that.

{!

Standard of Cleanliness. Referring to the authority quoted Mr. Andrewos said that the object of the Act was really to prevent the sale or storage of rag flock un- less it complied with a certain standard of cleanliness, and it had been argued in that case, and in a case which would be quoted, that the flock, although it did not com

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The Decision.... In giving his decision his Wor- ship said:

"I hold that what was decided in the case of Cooper v Swift and Balmford v Cadburn was that if the flock did not pass the standard of cleanliness it would be no de- fence to say that the flock was not manufactured from rags that had human become polluted through contact.

The defence in these cases argued that rags are things which have been so polluted.

sider the position of the child in Mr. Hazlerigg replied he saw this case. I have read through no justification for the extent to the ovidence' very carefully and '1 which the assault was carried, and must find as a fact that Mr. Li which he considered was very serious in view of the girl's posi-Wong-shi treated this mui tsoi in a kind manner. She was well- tion. But as the young man had pleaded guilty and thrown himself housed, well-fed and well-treated as upon the mercy of the Court, he a member of the family and in ac- cordance with the Chinese tradition would take it into consideration that a mui tsai should be treated R9

A fine of $50 was imposed on the charge of assault.".

New

Victor

Records

for

September

a member of the family."

His Worship went on to say that Dealing with the remaining de- fendant, Mrs. Li Wong-shi, the the mui tsai system was one which Magistrate said he had carefully had come in for much criticism. If considered the evidence and the they were to accept Dr. Tao's quite clear. It was established, In Magistrate) that much of the the first place, that a sum of money criticism was unmerited. ($95 or $190, the amount being in His Worship inflicted a fine af was paid by Mrs. LI 325, pointing out that this was a dispute) Wong-sh! to the girl's parent; small penalty much smaller than that upon the transfer of the girl, he had imposed in the last mut Mrs. Li Wong-shi received a docu- tsui cage brought before him, be a thing polluted by human con-ment, which Dr. S. W. Te'o inform- tact. If in the two cases referred ed the Court, was in the form used to it had been proved that the as a deed on the presentation of a material from which the flock was mui-tsat. The character appearing made was clean I think the decision on the document to describe such of the learned judges would have transfer was used for the word. been different, but there was in "presentation." and Dr. Te'o said both cases the prima facie and ad- mitted evidence that the flock had

position appeared to him to be opinions, it seemed to him, the TSANG FOOK PIANO CO.

I have not held that a rag must

not passed the test of cleanliness. legislation except the Rag Flock There was therefore a presumption Act 1911.

In this case the prosecution seem that the material from which the flock was made had been dirty. to want me to say that cloth pick- The learned judges in these cases ing is an offensive trade and this did not, I think, really define rage, not at least to the extent of giving a definition that would apply to any

Concerning the disposal of the child, Mr. Hall said Mr. H. R. Butters, who prosecuted on behalf of the S.C.A., could have her if he wanted.

Mr. Butters: I am axceedingly grateful in my official capacity.

Before the close of the case, Mr. Butters expressed his thanks and gratitude to Dr. To for the as- sistance which they had received from him,

His Worship associated himself with Mr. Buttera remarks and I have no authority for doing suggested that the Press might must accordingly dismiss the sum mons.

Tramp, Tramp,"

WELL, AL, WERE LEAVIN' TODAY - |AN' AS LONG AS WERE GONNA TRAVEL AS KNIGHTS OF THE HIGHWAY, WHILE GUZZ. WE MIGHT AS WELL LEAVE MY GRIP, | IS FEELING | BEHIND AN "TOTE "BANDANAS -

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| AND ́ALBERT}|

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conveniently convey this expression of their indebtedness to Dr. Te'o

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