1931-08-24 — Page 7

Hongkong Telegraph 港電新報 士蔑新聞 All

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CHANGING MONEY AFTER HOURS.

CASE DISMISSED AT POLICE COURT.

PROTECTING LAW:

Lo not

SHIP'S GANGWAY OBSTRUCTED.

THE

HONGKONG TELEGRAPH, MONDAY, AUGUST 24, 1981.

DUPLICITY & SUBTER- FUGE ALLEGED.

RUSSIAN WITHOUT

PASSPORT.

BAYS HE LOST IT ON WAY TO CANTON,

(Continued from Page 1.3 that order, from Victoria Guol to

A young Russian, L. 1. Niadue, the custody of the Police.

Mr. Alabaster then referred to, appeared before Mr. Williams at correspondence, in the course of the Central Police 'Court this which he rend a letter written by morning on a charge of entering Messrs. Ituss and Company, in the Colony on August 17th without which they said "We must confess a valid passport. our great surpring at the way we have been treated.""

The defendant pleaded that ha formerly had a passport, but bid

lost it.

OFFENDER FINED AT M COURT. Before the Hon. Condr. Hole, at morning, the Marine Court this Sergeant Pockson charged a boat- man with having obstructed the gangway of the BA. Baiching. The accused pleaded not guilty. The Heensco and a fok) of

The Sergeant said he was patrol- money changer's shop at 1; Jubilee Street were successfully defending in a police launch at 6.30 a.m.

yesterday, when he Court

BAW the

Counsel anid his submission ed at the Central Police

niching fly the "S" flux. He

was that applicant was now held this morning by Mr. M. K.

went

found the gang under alongside and

An order made under Detective Sergeant C. Mottram who argued that there was

way obstructed by a number of convict.

Section 3-1c, which was before informed his Worship that the de- Bulelent evidence

small boots, of which the accused's them, made and served on August fendant claimed he had lost his Sergeant Hughes stated that at boat was one. Ile cleared the boats 15, for the expulsion of Sung passport on his way from Hong-

Jubilee and got in

on board, and told the Man-cho, alias 9 pm on August 4,

LA Shui, alias kong to Canton. Its loss was not Street, he saw three women enter lunch to push aff agnin.

Nguyen Al-quec, for n period of reported to the officers of the ship, defendants shop. Je noticed About five minutes inter, he re-10 years."

but he salt he had notified a three notos on. the counter. called the Jaunch. Defendant's Mr. Jenkin, in opening, said that bureau in Canton,-Ho-maid that

causing obstruction boat Wis

{n View of the fnet that applicant he had come to Hongkong to make! to the gangway, and would not

was now in the custudy of the arrangements with a friend from of apito

several

he Macao to obtain another passport. move, blasts from the sunch. Eventually inspector General of Police

would nak for that oficer to he thi, latinch got alongside. The bout

not actually hooked to the substituted for the Superintendent gangway, but to a part-hale. When of Prisons in the motion and the he regained his faunch, the boat was obstructing it from behind, and

he appreached the foki saw him. The money was then handed back to the women, who were given packet of cigarettes.

On August 5 nt about 8.30 ¡um,

witness wa again in Jubilee

ed away.

{1

WIN

w

ת!

loating

order nisi.

WOM

His Worship suggested that the defendant be remanded for a week while the police comunicated with

the Canton authorities on the sub- ject.

Street and saw the foki, give man some money. The man put

Mr. Jenkin's Position.

the The defendant asked that the money in his pocket and walk-preventing it from going astern.

Some discussion arose on the Defendant said he waa

remand be shorter as he was will- After which

the Chief his boat with luggage. He did not polut,

cost of cabling Canton. A reply, he said. would' hear any warning to clear, HeJustice said it would, perhaps, being to pay the

actually forty feet away from more convenient for Mr. Jenkin to

be received by to-morrow, It was agreed hh ease. the gangway, and was louding lugargue

Is Worship adjourned the case that the Attorney General was

(** | for 24 hours. ge from a port hole. Comdr. Hole-You have no right Atill showing enisse, submitting in lawful to block up the gangway like that, that applicant

under the second order. know what an awful auisance custody

MAH going to argue sce boats are absolutely won't Mr. Jenkin

not in lawful You are fined $20 or that applicant is fourteen days. know from per-custody al if he established that Mol experiemer that these people then he would establish a ground for making at least an order nizi In their fights for passengers are a perfect nuisance.

nddressed in the Inspector General of Polee, Mr. Joņkin could argue on the present order ini ru gards

the

of Superintendent Prisons and then argue for 1 second order nisi addressed to the Inspector General of Police.

In reply to Mr. Lo, witness ad- mitted that it would have been better if he had stopped the man whom he saw leaving the shop on

The de the second occasion:

the

Usual fendants carried on business of money changers and Although cigarette sellers, the money business had to closed at 8 o'clock, the cigarette busi- ness had no limit in time of sale. Submitting that he and a ense to answer. Mr. la, referring to the frat

occasion, said that they could not prevent anybody from trying to change money hit the question was whether the defendants had changed it. The defence would be that the women wanted to change the notes but the foki had told them it was after time and they then asked to purchase cigarettes,

The Toki was merely an appren- i tice and the money business was carried on by two experienced men who had gone af duty at o'clock, leaving the Joki to carry on the cigarette business.

Mr. numerous

then

there

ATTEMPTED THEFT ON SHIP.

MAN CAUGHT OPENING A SAFE.

Summary of Points.

Mr. Jenkin agreed and proceed-- ed to give a summary of the points he will argue with regard to hoth Naid he had the orders. He divided them into two heads, political and non-politica).

A story of how a man tried to force open a safe was related to Mr. Hamilton at the Kowloon Magistracy this morning when Tsang Chuen was charged with

" do that for this reason, that in out sitempting to steal the contents pointed possible explanations of a safe on board the B.I. bout two letters which have been read to for the second occasion. If the with being on board without per the clearest indication that the locat He was also charged you, written by the Crown Solicitor on August 13-14 respectively, there is evidence was equivocal the

Government ) not act without the discharged fendants had to he

ertor Elston, who pronuthority of 11.51. Government. Fur cigarettes and received change secuted, when the ship

de-

The man might have purchased.

the business.

Santhin.

ment,"

ALLEGED THEFT OF TOPEE.

*BATHING CLUB PAVILION INCIDENT.

A young Chinese appeared before Mr. Schofield at the Central Magis- tracy this morning on a charge of stealing a taper on Saturday at the Chinese Bathing Club Pavilion at North Point,

Mr. H. C. Macnamara, for the defence, applied for a remand and for bail. He stated that the de fendant was the son of a very res- pectable Chinese gentleman, who Mr. was prepared to give ball. Macnamara also pointed out that ball was much more convenient from the point of view of getting instructions from the defendant.

The poller stated that the topce, which belonged to another bather, was valued at $3.50.

Defendant was remanded for a

allowed.

AMY BOUND FOR HOME.

or he might have been a foki ofside the Kowloon Wharf Cron of the Chief Justice that when the week, bail in the sum of 850 being terday afternoon, the Chief Attorney General applied for a date Steward went ashore, A member for the hearing of this malter he state Speaking of the restriction im- of the crew, whilst passing the that he was under express instruc-

from His Majesty's invern posed on money changers requiring Chief Steward's cabin, looked in tions them to cease business at 8 o'clock nd saw the defendant feeling the Mr. Lo remarked that he under-pockets of the coats hanging on He kept on watching stool it was for their own protee. the wall. tion, making robberies less able, the defendant, who, after a while, His Worship greed that Serput his hands on the handle of the geant Hughes had not seen sufflafe and tried to force it open. The defendant was then arrested. elent and discharged both

His Worship sentenced the de- fendants.

fondant to six months' hard labour en the first charge and one month on the second, the sentences to run concurrently.

-

UNUSUAL ROBBERY

STORY.

POLICE NOT QUITE CONVINCED.

of

Tied to a tree by footpads who intercepted him while on his way to deliver market provisions to a customer, Chan Iling, a fok! the Yuen Lee Store, at Hang Hau village has told the police of an unusiaal adventure which befell him on the Saikung Road rester- day.

DOCTOR'S CHAIR COOLIES.

SQUABBLE ENDS IN COURT.

Dr. G. D. R. Black, of No. 371, The Peak, was in Court this mor ning when his two chair-coolies were charged with disorderly con

duet.

In the course of his submissions, he would refer frequently to the

wished to include the Governor, the Executive and by that term he and also Governor-in-Council

FIR Majesty's Government 121 England.

Under the

healing, politieni grounds, Mr. Jenkin sunumarised the following points.

LINDY AT NEMURO.

Tokyo. Aug. 24. Amy Johnson hopped off for London at 5.54 a.m. to-day, on the conclusion of her Japan visit.

Colonel and Mrs Budbergh arrived at Nemuro at 7.51 a.m. to day. Ther had on the previons evening landed in a swamp Kunashiri Island, north of Nemuro-Reuter.

in

She landed at Hiroshima at 9.20 The Courts have jurisdic- tion to prevent the misuse of Exca.m. in order to refuel, and left cutive power. This argument will for Seoul al 10.20 a.m. apply to noth deportation orders, which I shall call numbers one and two. The outers are invalid as an abuse of powers conferred upon the local Executive. Each order is a sham in that, under the cloak of deportation, the Executive is, in truth, attempting to surrender the applicant to the French Authorities for an offence of a political charne-

ter

ing of non-political grounds.

(5) The second order is bad as is everything done under it be- cause, (a) after lasuing the first (2) Even if the orders themselves order the Executive exhausted its Sergeant Kelly said the incident are valid in that, on their face, they ccurred about 8 o'clock on Satur- do not disclose the duplicity, the sub-wer to issue any further de day evening, just after the coolies sequent shipping orders to use that porlation order against this ap-

theplicant at the present period. comprehensively-f

sccond con-had taken Dr. Binck home. One phrase

order (b) The Governor,

be that appleant shall of them' was seen to strike the other over the head with a bam-shipped on a French ship bound for issued during the currency of the Indo-Chinn, are invalid and masking first order. There cannot be twaj boo smoking pipe, inflicting a an illegality.

separate orders outstanding at scalp cut. Dr. Black had stated

the same time for the same pur- pose,

At the top of Saikung Road, near Customs Pass, he was fronted by three men suddenly ap- penring from the bushes, with an accusation that some 9 s. of meat which he wan taking to customer at Kowloon City must have been stolen.

Despite protestatious

tree

of

and tied to it; while whom he deemed the aggressor to

ment. What, they eventually did ether.

TVAS

(c) The issue of the second order, before instead of after, the applicant's discharge on the first order, is a sub- terfuge to avold the pitfall of again arresting, for the name cause, a per-

that he had been having trouble. (3) (a) The object of the De- with these two men, who appeared portation Ordinance is deportation to be continuously quarrelling. pure and simple-the getting out of The Magistrate (Mr. Schofield) the Colony of annwelcome guests. nocence, he sald, he was dragged to made an order requiring the nuan (b) If there is any provision in the Deportation Ordinance capable the three men walked off with the pay $3 as compensation to the of the interpretation that it allows

son discharged on habeas corpmis. Both men were bound over this course

the of conduct on

Is with it can only be conjectured, to keep the peace for a year.

of the Executive, it

(d) The second order can wholly veid and Inoperative by made only if the Governor-in- reason of the Colonia! Laws Council considers it conducive to Validity Act, 1805.

the public good and in a special!

second euse. The making of n order was not impelled. by any such considerations.

but police officers Investigating

the case have deemed it necessary

to carry out full investigations before giving credence to story.

the

Asked how he managed to free himself without assistance, the foki declared that he chewed through the rope.

NEW HOME OF THE LEAGUE.

RUMOURS OF STOPPAGE

OF WORK.

BANISHEE LIKES

HONGKONG..

SEVENTH SENTENCE IN NINE YEARS.

ניוז

be

(e) The order was not made at a duly convened or constituted meeting of the Governor in Council.

Course Forbidden. (e) The reason for this is that if such a provialon exists it is in direet conflict with the Imperial Extradition Acts, which are part For the seventh time within a Colony, and binding on the Execu- by the Secretariat for Chinese

and parcel of the laws of this

(f) The improper interrogation period of nine years.

R Chinese tive. who

banished was

the second Colony, was this morning. sen moat express terms, forbid such s

(d) These Intter Acts. In the Affairs Invalidates

order as well as the first. tenced by Mr. Williams at the

May go Elsewhere. Central Police Court, to imprison-course as is now. being taken by

the Executive in sending the ap ment for disobeying the arder..of plicant to Indo-China for an of Their Lordships, having in- deportation.

timated that they had recorded cal character. (4) The

to section six Mr. Jonkin's points, he said.-1 nm:

from

The defondant was sent

the

Conco of a

away

Geneva, Aug. 22. from Hongkong in 1922 fox of the Deportation Ordinance can obliged to your Lordships for Reports that work on the few twelve months he had returned it is argued here by the Crown chan a matter of this moment period of ton years, but within not avail the Executive, although, taking them down so carefully in building the League of Nations Paince has been suspended are and was sent to prison. On ve that. it expressly permits the pro-might have to go elsewhere. officially denied in a statement subsequent occasions he violated posed course to be validly taken, In the course of quoting authorl- kiven out by the Swiss News the order and was given terms of except, when extradition proceed tlen, Mr. Jenkin submitted, they

been actually Ings have states that 350 hard labour, Agency which

com showed that the Court would workmen are stit

His Worship: He's spent half menced and resulted in a

e-fealously guard the were living

rights of poli of his ten years in prison,

charge. Inspector E. A. Vincent: Yea..

are still engaged in the

work of construction.

It le, however, an open secrot that grave differences of opinion He gets the benefit of that, too,

exist in executive quarters of the Leaguo concerning the present building plan.

unfortunately.

Non-Political Grounds. Mr. Jenkin put forward the

The defendant was given eight following points under the head- Imonths" hard labour.

tloal

RADIO BROADCAST

ATTRACTIVE RECORDS FROM

A LOAN COLLECTION. To-day's radio programme to be broadcast by 2. D. W. on a wave- length of 855 metree:

6.00-7.00 p.m. Chinese Programme. 7.00-8.25 p.m. Victor Records Tsour kindly supplied by MataTY. Fook Piano Co.

7.00 p.m. Stock Quotations, Mall Notice, etc.

7.03-7.20 p.m. Waltzen,

The Sidewalks of New York

(Introducing "The Bowery.") In the Good Old Summer Time

(Evans).

Nat Shilkret and The Victor Orchestra. 21493. Moonlight on the Alster (Fotras). Siren of the Ball (Lohur-Scott).

Marek Weber and His Orch. 35852.

7.20-7.38 p.m. Organ Bolon, Rosette.

For Old Times' Sake.

Jesse Crawford. 21508. Little Pal Why Can't You!

Jesse Crawford. 21961. Medley of Old English Airs.

Charles O'Connell. 21622. 8.00 p.m.

(Local Time and Wea- ther Report).

7.38.8.26 p.nt. A Concert. Piano Solo-Turkish March

(Beethoven).

Sergei Rachmaninoff. 1198. Song-La Zagallna (Duarte-Tubuyo). Song-Your Little Black Eye.

(de Castro-de Falla).

Marguerite D'Alvarez (Mezzo- Soprano). 1159. Violin Solo-At Evening (Frimi). Violin Solo-Letter of Love

(Cul-Elman).

Mischa Elman. 1100. Song-Pain of Love (Buzzi-Peccia). Song-The Darling Girl'

(Buzzi-Peccia).

Tito Schipa (Tenor). 1186. Piano Solo-Invitation to the Waltz

(Webor).

Alfred Corint. 1201. Song-Carceleras (Chapi).

Madam Amelita Galll-Curci (Soprano). 1107. Violin Solo-Albumblatt-Marguerite (Rachmaninoff-Kreisler).

Fritz Kreisler Song-Don-Junn's Serenade (Tschaikowsky). Sang-My Love (Bĺzet),

1170.

513.

Enrico Caruso (Tenor). 8.25-10.27 pan. Second Programme of records kindly leaned from Mr. A. M. Bowes-Smith's Collection (A Third programmo from this source will be broadcast on August 31st).

8.25-8.45 p.m. Planoforic.

Fugue in A Minor (Bach-Linet).

Lucle Caffaret (Brunswick. 80032). (a) 'Minuets Nos: 1 and 2 (b)

Gigue (Bach).

Harold Samuel (H.M.V. D1245). Sevilla (Alboniz) Navarra (Albeniz). Arthur Rubenstein (H.M.V. DB1257).

8.45-0.15 p.m. Variety.

Malo Quintettes-(a) Just Like a

Butterfly (b) Sweet Marie. The Singing Sophomores. (Col. 4000). Humorous Dialogue-The 4th Form at

St. Michaels.

Ian Hay and Pupils. Col. 1680). Vocal Ducts-(a) Dont, On a Night Like This '(b) Who's that Knocking at My Door?

Layton and Johnstone. (Col. 4737). A Visit to the Zoo-Conducted by Leslfe

Mattland (Recorded in the Zoological Gardens, London).

(H. M. V, B3449), 9.15-9.30 p.m. Musical Comedy. Vocal-Why Should I Feel Lonely.

Gro. Gronsmith with Daly's Theatre Orchestra. (Col. 4885), Piano Medley "Mr. Cinders."

Billy Mayerl. (Col. 5896). Selection-"Good News,"

Victor Arden-Phil Ohman and their Orchestra. (Victor 25918).

9.30-10.4 p.m. Orchestral. Overture-Ruy Blas (Mendelssohn).

Percy Pitt conducting the B. B. C. Wireless Symphony Orch. (Col. 0278). Praeludium (Jarnefeldt). Borceuso (Jarnefeldt).

The Royal Opera Orchestra. (H. M. V. B2818). 3rd Movement Paco Allegretto from

3rd Symphony (Brahms). Philadelphia Symphony Orchestra. (Vic. 4888-6880), Tone Poem-"The Sorcerer's Apprentice" (Dukes). Philharmonic Symphony Orchestra of New York. (Vietor 7021),

- 10.04-10.27 p.m. Operatie. Overture-"The Bartered Bride".

(Smetana),

State Opera Orchestra, Berlin. (1.M.V. E405). Arias from Die Fledermaus"

(Strauss).

+

Act. 2-My Lord Marquis. Act. 3-1 Play the Innocent

Country Mald.

Elizabeth Schumann (Soprano), (H.M.V. EG45); Two Excerpts from "Carmen"

(Bizot). (x) Soldiers changing the Guard. (b) March of the Smugglers. Philadelphia Symphony Orchestra. (Victor 8874). 10.27 p.m. Rugby Mid-day Press Nows.

10.30 p.m. Close Down.

SPANISH RISING.

SERIOUS REVOLT AGAINST ANTI-CLERICALS.

Madrid, Aug, 29. * Thirty thousand troops have been despatobad to northern Spain to under the protection of our inw.cope with a threatened armed.ru- whatever their nationality, and

volt among fanatio Catholics. who would prevent mis-use of Execu

are rising against the Government's. tire power

anti-clerical measures-Reuter.

The case is proceeding.

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