1934-10-29 — Page 24

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Brected by Waste Reggion had o

by Hackt per Gras Panta

THE HONGKONG TELEGRAPH.

MONDAY,

OCTOBER

1934

METER READER

OBSTRUCTION CASE DECISION

YOUNG SNATCHER

CAUGHT

CHARGED

THEFT OF MONEY

Public Rights In A "Private Street"

PRISON AND BIRCH

SENTENCE

NOT PROVED Remarking that, he would not convict on such doubtful evidence,

Ng Kam-chuen, 19 years old, Mr. B. W. Hamilton, at the Cen

unemployed, was charged, before tral Magistracy this morning, which the Chinese owner of a Kowloon Magistracy this morning. A written review of a ense in Mr. E. 1. Wynne-Jones at the dlacharged Loung King-chau, a meter reader employed by the Gas was summoned by the police for young girl, Lau Wal-fong, 11 shop at No. 19 Wing Shing Street with snatching a handbag from a Company, who was charged with the theft of $2.36, the property footpath, with ton full baskets of first floor.

causing an obstruction on the years of age, of No: 7 Bate Street, of Chan Yan, a cook boy, at No. Jau pur se 02 Bonham Road.

rond itself, was read by Mr. Q. A. Sub-Inspector Poyntz stated Sub-Inspector Fender, prosecut A. Macfadyon in the Central that complainant was walking. ing, said defendant visited No. 02 Police Court this morning.

nlong Talpo Road with her sister, Bonham Road to read the meter, and went into the kitchen and ex-penred for the defence.

Mr. F. X. D'Almada, sen., np-at 3.30 p.m., on Saturday, when

defendant came tracted the money from the com-

up behind her. plainant's Jacket pocket,

The Magistrate's review was in and snatched the bag, which con- park as follows:

tained $2,60: A detective chased and caught the defendant,

kong for 12 years.

Defendant had been in Hong-

Evidence was given by Man, Chung, a house coolic, who said fence that as the street is private- "It has been urged by the de- that he heard a door bang. On ly owned, the Ordinance does not from a small girl like her?" sald "What do you mean by stealing going into the kitchen he heard apply to obstructions by the His Worship. You will take six the chink of money, and saw de private owners and their succes- months with twelve strokes of the fendant in the net of putting sors or assigns. For something into his pocket, making purpose of analogy I will refer to

the sole birch for that." for the door. The complainant the eneral law on highways. told him he had had $4.38 in his From this it will be seen that the Jarket pocket, and asked him to trend of decided cases is to re- see whether the money was there strict the user of a highway by Ile examined the jacket and found both the public and adjoining obstruct is implicit in the grant, $2.07. They then asked defendant owners to a right of free and un- the prerogative of the Crown bo- whether he had taken any money obstructed passing and re-passing ing exercised in reserving the Defendant did not admit the theft, but produced $2.36.

"It has, however, in the case right of way to the grantees. It Complainant said he asked Man defence that the analogy of the restriction of this right is

before me, been urged by the is further submitted that any Chung to examine the jacket law as to highways in England derogation from the grant, and pocket while he watched the de- does not apply in that Wing Shing that in so far as the Ordinance, fendant. He accused the defen Street is, by grant from the if applied, interferes with the dant of taking the money, threatened to take defendant be therefore cannot obtain the right of their rights, it is wire wires. and Crown, a private street. The public private owners' quiet enjoyment fore his mistress. Defendant then to its use as a highway by pres-If it is admitted that the Crown's produced the money.

A

Defendant's story was that he cription, which fa based on a prerogative in involved, it is could not get Into the basement presumed grant.

urged that it cannot be ruled except by express words.

as the door was locked, and the gardener had told him to get in

Accu thé meter, he

'RIGHT NOT RESERVED.

by way of the kitchen. After "With reference to the conten

was tion, i may observe that there is by the complainant and no evidence before me as to whe the other witness, who seized him ther, prior to the grant fn 1862, by his collar and struck him. In there was or was not any anteced- order to avoid being struck, he ent user by the public of this offered them the money, which street as a highway (Heming and was his own,

The case was dismissed,

FINE WEATHER

over-

FINE CONFIRMED.

"The wording of the Ordinance is, in my opinion, suficiently ex- pliclt to exclude the assumption that the owner of the street have any more right than the general members of the publie to obstruct either the pavements or the road.

Burley 1862 Exch. 187), but, ou the other hand, there is no evid ence that the public 'have been

"I therefore hold that there was, excluded, by the grant or other-in this case, suficient obstruction wine, from using the street as a to justify a conviction under the thoroughfare, and I therefore can- Ordinance. The fine. of 34 im- A moderato anticyclone Is cen-not find that the right of way was posed cannot therefore trod over Shantung and the Yellow reserved exclusively to the mitted." Sen. The typhoon is passing in- grantees. 10 the Pacific to the north east of

Mr. D'Almada said he would "In this case, the defence has first like to study the judg Hokkaido. Local forecast:-N.E. submitted that no permission is ment before winds, moderate to, fresh; fine.

necessary,

C

મ right To appeal.

be re-

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