1930-02-25 — Page 26

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THE HONGKONG TELEGRAPH.

A LEGAL PROBLEM.

MAGISTRATE QUESTIONS HIS

JURISDICTION.

Arrested on a warrant on his arrival in the Colony on Sunday, after having absented himself from the Police Force since January 29, 1929, a Chinese seaman of the Water Police Station appear ed before Mr. Whyte Smith, at the Kowloon Magistracy yesterday morning, on a charge of desertion.

Mr. W. le Bart Sparrow (Assia- tant Superintendent of Police), prosecuted.

The defendant pleaded guilty. His Worship: Have I jurisdic tion, Mr. Sparrow? It is six months since the offence took place. Mr. Sparrow: It doesn't say on the warrant that he must be ar- rested within six months.

TUESDAY, FEBRUARY

HAPPY VALLEY FUNERAL

LATE MRS. GELLION LAID

TO REST.

The late Mrs. Gellion, who died at her residence in Humphreys Buildings at the age of 64 on Sun- day, was buried at the Protestant Cemetery in the Old Residents' Section yesterday evening, the Rev. W. Walton Rogers conducting the graveside service. -

There was quite a number of friends present, the chief mourn

Miás ers being the daughter, Hobbs, and Mr. T. Ramsay. Those present included Messrs. H. Dixon, J. Ormiston, R. Pestonji, W. Wotherspoon, R. T. Taylor, P. A. Dixon, C. Atkinson, A. Forbes, G. White, A. C. Morgan, the Rev. Father Bora and others.

His Worship referred the pro- Floral tributes were sent by secutor to Section 21 of the Magis- "Eileen." "George and Lulu," trates' Ordinance which states "In "Peggy and Derek," "Tom," "Lily any case of an offence other than and Daisy," "Alex, and Cara," An indictable offence where no "Clark and Anne," "Bob and time is limited by any Ordinance or Jess," "Lionel and Mimmie," statute for making any complaint Freda Dixon, Rev. and Mrs. W. or laying any information in re- Walton Rogers, Mr. and Mrs. Lam- spect of such offence such com- bert, Mrs. Ramsey and family, Mr. plaint shall be made or auch in-and Mrs. Ormiston, Bella, Betty formation laid within six months and Andre Pestonji, Mr. and Mrs. from the time when the matter of D. A. Goodwin, Mr. and Mrs. E. such complaint or information J. Ainslie, Mr. and Mrs. R. respectively arose."

Pestonji, Mr. and Mrs. J. Gibson His Worship: That point didn't and Louise, Mrs. W. Harris Gill Mickey occur to you, I take it, Mr. Spar- and Miss Gill, Ada and row?

Williams, Mrs, B. Oxberry, Mr. Mr. Sparrow: No, your Wor-and Mrs. G. F. Taylor, Mrs. Louise ship. As a rule we don't get a man White, Mr. and Mrs, G. White, arrested until after six months Mr. and Mrs. W. J. Keates, Miss elapses. It is generally over a year Hammerton, Mr. and the Misses at least before they turn up in the Heron, Mrs. Capell and family, Colony.

Capt. and Mrs. W. Lee, Mrs. N. S. Moses and family, Mr. and Mrs. J. Sanderson Smith, Mr. and Mrs. J. P. Robinson, Mrs. E. 0. Murphy and family, Mrs. Hopwar and Miss Hopwar, Mrs. R. Carroll and Tootsie.

Six Months' Limitation. His Worship (after referring to the Police Ordinance under which the defendant was charged) There are certain Ordinances which exclude that section of the Magis trates' Ordinance but nothing in Messrs. Henry F. Bunje, P. A. the Police Ordinance says that that Dizon, C. A. and I. Iz, Goldenberg, section of the Magistrates' Ordin-R. R. Roxburgh, C. H. Miles, H. F. ance can be excluded, namely the Jason, W. Wotherspoon, A. C. six months' limitation when bring-Morgan, H. Dixen, C. R. C. Ham.

Ho Bing-wan, the Coolie Aham, ing a complaint. I think I will re-

mand the case and consider it. 1Boy," "Boy's" Wife, Ah Mui. can't deal with it in view of that section-section 21 of the Magis- trates' Ordinance.

Mr. Sparrow: The warrant was issued on the 7th February. Does that make any difference?

Hid Worship: I think I see one way that you can get around this. by not charging him with desertion on the 29th January, 1929, but in. atead charge him with being absent from duty on a later date within the six months. Wouldn't that do? Say on the .... well, any date. When was he arrested?

Mr. Sparrow: He was arrested yesterday (Sunday).

His Worship: You can make it a case of being absent from duty three or four months previously. The act of being absent from duty at a later date is just as serious as the act of desertion.

Mr. Sparrow: Yes.

Ordinance Misinterpreted.

1-

Mrs. da Silva Delgado. The death occurred on Sunday afternoon of Mrs. Guilhermina da Silva Delgado, at her residence 162, Belcher's Street, at an vanced age. The deceased lady was the mother of Mr. Delgado of the Harbour Office, while she had grand- three grandsons and a daughter.

The funeral took place yester- afternoon, * number of friends attending.

day

the date.

His Worship: I thought that still did not come within the time.

Mr. Sparrow: He deserted on January 29, 1929, and the warrant was taken out the next month on February 7.

Question of Leave.

His Worship: Have you anything to say about this man? Anything the man's Detective Inspector Dorling He to say apart from

is a deserter all the time he is ab-character. sent.

His Worship: He is a deserter the moment he leaves.

Inspector Derling: And he con- tinues to be so until he is arrested. His Worship: No; desertion la leaving with no intention of return-

Mr. Sparrow: He has two re- parts against him.

His Worship: No, I don't mean about his character. I mean about the circumstances under which he, deserted. You don't know any- thing about that?

ing. It is a definite act. I think Mr. Sparrow: I understand that have been you had better make it a definite he was supposed to offence within the alx months, to connected in the larceny of some

kit; another man's kit. He give me jurisdiction.

on the report for that and he desert- ed. He is going to be dealt with departmentally.

The case was put over and on re- turning to Court later Mr. Sparrow said that he thought his Worship had made a mistake in the reading of the section.

His Worship: I may have, of

course.

was

The defendant, when asked if he wished to say anything, remarked that he had been granted four weeks' leave but having overstayed Mr. Sparrow then re-read the that period he had been afraid to section and also drew his Worship's return. The defendant said that attention to Section 25 sub-section he had been granted leave by 3, which states: "It shall not be Inspector. Ogg. necessary to make the warrant re- turnable at any particular time, but the same may remain in full force until it is executed."

Mr. Sparrow: This complaint was made within six months of the time the offence was committed. His Worship: Oh! was it? Mr. Sparrow: Yes, I gave you the date.

His Worship: But it was not within six months of the time the man deserted.

Mr. Sparrow: Yes, I gave your

SALESMAN SAM

Mr. Sparrow, in reply to his Worship, said that an Inspector could not grant leave. An ap- plication for leave would be sub mitted through an Inspector. It was quite possible that the defend- and had been recommended for leave.

His Worship remarked that it would be less serious an offence if the defendant had overstayed his leave than if he had deserted.

The case was remanded till to-morrow for further enquiries.

PARDON ME FER BEIN' A BIT WHAT THA-SAY, ARE” LATE THIS MORNING, GUZZ, BUT("YOU WORKIN' FER ME, I HAD A LITTLE BUSINESS TO OR FOR SOME RAIL-

ATTEND TO -

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RAING

25.

1930.

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WHY DONTCHA.GROW UP, SAM? CUT OUT YER KIO PRANKŜI AN' BESIDES, LAST NIGHT WAS HALLOWEEN-NOT TODAY!!

104

FULL 34

YA GOT ME WRONG, GUZZ- /I'M GONNA PLAY QUARTER FER TH TOWN FOOTBALL

TEAM T'MORROW -

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AN' TH' COACH TOLD ME TA GET

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01933. MY KTĀ SERVICE, INC.HEA