1930-04-04 — Page 3

10

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THE HONGKONG TELEGRAPH. FRIDAY, APRIL 4,

REVENUE OFFICERS' JAVA COMMUNISTS

POWERS.

OPIUM CHARGE AGAINST A SINGAPORE J.P.

FORGIVEN.

PERMITTED TO RETURN

FROM EXILE.

Batavia, Apr. 3 On the ground that there are HEARING RESUMED. no longer any political objections to their return home, the Govern- Questions relating to the disment has decided to permit nine native Communists, exiled to New cretionary powers of a Revenue Guinea after the labour troubles of Officer to make arrests for opium November, 1926, to re-enter the possession were asked by the de

country-Reuter. fence when the hearing was re- sumed before Mr. Lindsell at the Central Magistracy yesterday, of the case in which Mai Kwok hotel, and probably made arrange- leung, stated to be a J.P. of Singa-nents when the suspect was go.

ing out. pore, is charged with trafficking in contraband opium.

Mr. Strellett, continuing his cross-examination of Mr. J. D. Lloyd, the Superintendent of Im ports and Exports asked: I take it that the amendment (to the Ordinance under which defen- dant is charged) applies when person is proved to be in posses sion of opium?

Mr. Lindsell (the Magistrate). That is largely a question for the Court to decide.

Mr. Strellet: In view of that amendment, does the Revenue Off- cer still have the discretion as to which person in possession of the opium, he will, or will cot arrest?

Witness:-As I have said be- fore, that depends on the nature of the information. In this case the Revenue Officer had watched, with his informer, before, and knew the suspected person and which was the suspected baggage I don't think you get the object of my question. When a Revenue Officer knows in whose possession

Mr. Strellett: We have heard that C.R.O. No. 9 knew that it was coming into the hotel before it was brought out.

Mr. Lindsell:-1 can't see any relevancy in these questions,

Mr. Strollett submitted that the people who brought the opium to the hotel were the only people in the world who might be able to tell why the opium was brought to the defendan, and he wanted

SHANGHAI SALE.

BIG BANK PROPERTY FOR TLS. 600,000,

Shanghai, Apr. 3. The considerable activity in the real estate market in Shang- hai recently, is further evidenced by the latest axle, of the premises of the Chinese-American Bank of Commerce (in liquidation), at No. 29 Nanking Road, to the Asia Realty Company, for Tis. 600,000.

The building may be used to house the American-Oriental Bank and Raven Trust.-Reuter.

regards the raw Persian opium, he would set the price at about $3 per tael, which would give a total purchasing value in Hongkong of than about $4,074, or not less $9,000 all told.

Boom-Boy's Evidence.

A room-boy at the Empress Hotel said the accused occupied Room No. 77 on the third floor. On March 1st, he aroused the ac-

other

room,

to know why they ware, not arcused, according to instructions

given the previous night, at 6 a.m. : rested in view of this.

Mr. Lindac pointed out that and saw Mui leaving the Hotel an under the Ordinance, the

onus hour later, at the same time was not on the prosecution to mentioning that he was going on returned shortly prove why the defendant had the board. Mui opium, but to prove possession.

afterwards, saying that he was Mr. Strelett persisted that as looking for his keys and a result of the non-detainment of things, He went into the the coolies carrying the opium, stayed there for a short while and several possibilities arose. He came out again. cited the case where he (Mr. Strel-

Cross-examined, witness lott) might be walking along the the accused arrived at the Hotel road and a person might come and on February 27th, when he put some opium into his pocket brought in three suitcases, ie, two without his knowledge. A Re-large ones and a smaller case. venue Officer might see the man do During the time that Mui was liv. the opium is, where does his dist, and would arrest him (Mr. Ing there, witness saw a Chinese cretion come in? Once he knows

Strellett), and he asked His Wor-dressed in European clothing. ship what he would in that case. leave Mui's room.

of the possession, how does his discretion enter into the question? I take it that is for the Court to judge.

I quite agree. Yet you say that instructions are given to the C.R.O.'s to use their discretion as to whom they shall arrest. Short- ly, does it not mean that they are bound to arrest anybody who has at any time been in possession or control of the opium, under this section? If they don't see them, they can't possibly arrest them. That is where you would like to leave that? My answer is that you can't possibly arrest an un. known person. That is quite ob-

vions.

Mr. Strellett:-And then all those persons who brought the opium to the hotel, jou would put under the heading of "unknown persons?"

depends

upon

said

Mui was also

It was an extreme case to put per- visited by a small boy of about ten haps, but there was the possi-years of age,

These two visitors again came bility.

the morning of to see Mui on March 1st, before he moved out of

know-

Mr. Strellett added that the question he was trying to put to r. Lloyd was, why did the R.O. make no attempt to find out who had the opiura and why they had

it?

Mr. Lindsell said that W3S 1 question Mr. Strellett should have put to the Revenue Officer,

Mr. Strellett replied that he de- liberately refrained from doing so, because he would have probably been told that the man was act- ing on instructions from his superiors, and that the question should be put to his superiors. That was why he was asking Mr. Lloyd.

Two People in Charge. To Mr. Lloyd, Mr. Strellett ask ed: Have you had any informa tion that there were two people in charge of the baggage with the two enolies who went to the hotel?

Witness:-It which period you mean.

Mr. Lindsell:-It must refer to the time the Revenue Officer, look action. When he made the arrest.

Asked another question as to Yes. the interpretation of the amended Ordinance, Mr. Lloyd replied, "I should be more inclined to give an opinion on this amendment after 12 months working.

Mr. Lindsell:-The fact that you want to press, Mr. Lloyd, is it nut, is that the persons who brought the opium to the hotel at the time of the arrest of the de- fendant, were unknown.

Mr. Strellett:Yet they could have been ascertained?-Witness: It depends on the informer.

Onus on the Defence.

I suggest they might have been detained? One of them might even have been Lum Tin-you?--It is possible that he might have been. This does not concern me or the prosecution very much in this case.

Mr. Strellett:-No, I suppose it does not!

Mr. Strellett then asked if the superintendent of the L and E. department could give any idea of the purchase value of the quantity of opium with which de- fendant was charged as having in his possession.

the Hotel with his luggage.

Mr. Lindsell: To your ledge did defendant, in fact, leave anything behind?--I do not know. Did you see him find anything? No. On the second occasion that he returned, he said he was going to make a further search.

Suitcases Mixed Up.

The hall-porter at the Empress Hotel referred to six large suit- cases, which he said were taken into the Hotel early on the morn- ing of March 1st by four coolies, who were accompanied by two Chinese, one of whom was dressed in European clothes. It was the accused who, later, instructed him. to move out these six suiteases together with other luggage taken from his own room.

Mr. Strellett: Why did you 'mix up these suitcases?-Defendant told me to pile them up in one load before being taken on board ship.

A foki employed at the Sam Yick Chan Co., merchants, said Mui was acquainted with his em- ployers. He (witness, had on many occasions been asked to look after Mui's luggage, when the latter was travelling.

Cross-examined by Mr. Strollett, witness said that one of the occa sions he referred to was the end of last year, when Mui's wife was returning to Singapore. Witness was then with the accused when the latter was moving his luggage to the Po Tack Wharf. They met

In view of this section, can you Mr. Lloyd replied that in Hong- think of any reason why the Re-kong it would cost either $3.50 ora Revenue Officer on the wharf, venue Officer did not take steps to $4 per tael, which would make a intercept the people who brought total amount for the "Red Lion" the opium to the hotel? Because prepared oplum of roughly $4,736. the informer did not know when in Macao the price of the oplum The hearing was again adjourn- the oplum was coming into the l would be about $2.80 or $3. As ed.

who proceeded to search the lug- gage despite a protest by Mui that he was a J.P. of Singanore.

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