1935-10-03 — Page 7

RECORDING STATEMENTS

CHIEF JUSTICE'S ADVICE TO ALL GOVERNMENT OFFICERS

APPEALS IN OPIUM CASE

The question is to whether Revenue Offleors have the power to detain persons for investigation and to put direct questions to them in order to obtain statements was fully argued before the Chief Justice, Sir Atholl MacGregor, at the Supreme Court' yesterday afternoon, when two appeals were brought before hint against the decision of Mr. W. M. Thomson, the Kowloon Magistrate, concerning an oplum case.

The appellants were Li Ping and Chau Ngău and they appealed against their convictions on charges of being in possession of 3,310 fuels of non-Government prepared oplum and of doing an act preparatory to exportation of the oplum on board the Bank Line steamer, City of Pleasantville.

Ll Ping succeeded in his appeal and the conviction was quashed, while Chau Ngau was successful as far as the charge of possession was concerned, but falled in the other.

In the course of his judgment, His Lordship gave the follow- ing advice to officers: "I do desire to say what has repeatedly been sald, not only, by individual judges, but by the Court of Criminal Appeal, that an officer recording a statement should Keo that it is exactly what the person making it fas sald. No paraphrase or short cut to the sense of the statement can give exactly the same impression ... I do desire to Impress on all officers who in the course of their duties have to take state- ments, that it is of paramount importance that these state- ments are accurale-not only the sense, but the whole of the sense, and where any part is in answer to a question, the question should be given.

that there was anything against the appellant. The failure to carry out his duties as a watchman, said His Lordship, was not tantamount

When the case was heard before Mr. Thomson, Li Ping was con- victed on the charge of doing an act preparatory to exportation of the oplum. He was fined $1,000 with the alternative of four months hard labour. Chau Ngau was con- His Lordship ordered the con- victed on both counts and his sen-viction to be quashed and directed tonce was a fine of $9,000 with the that If the fine had been paid it alternativo of one year's hard should be returned. labour on the charge of possession. and $1,000 or in default one year's hard labour on the other.

Three other men were charged - with them and they were similarly

sentenced.

THE HONGKONG

Bion.

TELEGRAPH. THURSDAY,

OCTOBER

1935.

RADIO BROADCAST

Dance Orchestra

an officer recording a statement: Continuing, Mr. Hugh-Jones should see that it is exactly what said: If It was not intended to the person making It has anid. charge the appellant at that time,No paraphrase or short cut to the wity have him arrested? I sub-sense of the statement can give mit there would be no reason for exactly the same impression. It his arrest if there had been no has also repeatedly been said that Intention to charge him. It was the officer should first record tho suggested in the Police Court that question and then the answer, and the appellant was detained for if that had been done in this case Relay of Hongkong Hotel investigation. I submit that de- great deal of time would have. tention for investigation la not been anved. I do destro to im- within the power of a Revenue press on all officers, who in the officer. I also submit that the course of their duties have to take statement obtained was obtained statements, that it is of paramount as a result of a question directly importanco that these statements put to the appellant. The mere are accurate-not only the sense reading of the statement itself but the whole of the scuse and, makes it clear that it was in reply where any part is in answer to a to questions put. No man ever question, the question should be volunteers a statement of that given. sort."

In this case the statement · Is

Spoken and Written Words Quoting authorities, Mr. Hugh:

Z.E.K. PROGRAMME

From Z.B.W. on a wavelength of 365 metres (845 kilocycles): Hotel Dance Orchestra.

5-7 p.m. A Relay of the Hongkong

7-7.30 p.m. A Concert, Pianoforte Solo-Hungarian

Solo-Feux D'Ártiflee

obviously only paraphrase. I am Rhapsody No. 11 (Linze). asked by Mr. Hugh Jones to say, In effect, that the last two lines

appel-

Ciampi.

Jones submitted that they held of the statement--the only part Song ("Peer

to draw.

(Grleg):

Here the Gentle Lark Bennett (Soprano).

beyond doubt that there was which criminally affects difference between the ac faut-must have been elicited in ceptability of spoken words and answer to an improper question. written words.

That is an inference which I am Song-Castles in the Air. His Lordship said that the not bound to draw and which con-Song-Always Puritan Lullaby"). evidence of Mr. Buller did not sidering the whole of the case, I purport to be a transcript of the do not feel inclined

Derek Oldham (Tenor). Cello Solo-Pleco en Forme de interview he had with appellant, However, it need not have been Habanera (Ravel). and it did not appear in the left to inference for the reason Cello Solo-Cortege (Gaubert), evidence what question he put to that the defendant in the court

M. Maurice Marechal. elicit from appellant the in- below could have got a definite

7.30-7.17

p.m. Talkie Tunes. criminating concluding remark and conclusive answer.

Selection-The Gold Diggers of [appellant made about the opium. In my judgment the magistrate

Broadway. Whether the question was a fair was entitled to attach the weight

Selection-Merry Widow (Lehar). one or not, was not revealed. he did no attach to that state- Maybe I'm Wrong again.

7.17-8 p.m. Vocal Items. Now that it had got past the men. The appeal so far as it re- Another one gone. magistrate, was this court just-lutes to this part fails and the fied in interfering?

conviction on that count stands.

Mr. Hugh-Jones suggested that the court was justifled because Mr. Buller, admitted that every- thing appellant said was elicited by a question and, in his sub-

SALE OF WORK

QUARRY BAY SCHOOL TO HELP NEEDY CHILDREN

From a desire to help the poor

to his having done an act prepara-mission, statements should not be tory to the exportation of opium. elicited from persons in custody. If this statement was discredited there was no evidence at all as regards the possession offence.

Mr. Fraser said His Lordship's and needy, the Quarry Bay School Mr. Hugh Jones sald the fine had questions had put his argument is holding a sale of work in aid not been paid and naked that his for him vory effectively. It was of the Society for the Protection client he released immediately, unfortunate that the appellant's of Children on Saturday, this Is Lordship aceeded to this re-solicitor did not cross-examine at being the first effort of its kind quest.

the lower court as to what ques-which the School has undertaken. tion elicited the incriminating

The proceedings will start at 10.30 n.. with drill display, to replies, they could conjecture very distribution and opening of the reply but. looking over

be followed at 11 o'clock by a prize might have drawn them. His sale by Lady MacGregor.

niagistrate, in his discretion, hart evidence on this point and the not objected at the time of the hearing.

Judgment

The Other Case Mr. G. S. Hugh-Jones appeared for both appellants, and Mr. J. A. the appeal of Chau Ngan. He said Mr. Hugh-Jones then dealt with Fraser, Assistant Attorney-Gen-

the appellant was convicted on the eral, represented the respondent-

these

wile and fair questions which

the Crown-in the appeal of Chau same day on two charges, the Lordship had no power to recall

Was

no evidence

On

ship said: On the first

*

There will be many attractions second of which was the same as Ngau. The Crown did not oppose that made against Li Ping. The

gallery, fortune-telling, bran tub, at the sale, including a shooting the application of Li Ping.

first was possession of 3,340 tacks Dealing with the appeal of Lif non-Government prepared

ele., while coffee, ices and ten will Ping, Mr. Hugh-Jones said he was opium,

be served. The stalls will include convicted on September 9 by the Dealing with the charge of pos

work done by the school children Police Magistrate in Kowloon on session, Mr. Hugh-Jones submitted In giving judgment His Lord- and by parents and friends, charge that he had done an act that there

charge bargain counter, a sweet stall, preparatory to the exportation of which the appellant was convicted (of possession of prepared opium) children's stall, and others. prepared optum. The appeal was on this count. The facts regard-it is sufficient to say that even if. Special attention is drawn to the filed on the following grounda: (1)ing this case were that at about for the purpose of this aspect of atall containing articles from that the conviction was against the Ga.m. the appellant, in company the case I assume the admissi-Japan, Peiping and Swatow, the weight of the evidence; (2) that with four other men. Including Libility of the statement made by prices of which will be found certain evidence was improperly Ping, were taken to the imports the appellant, I am unable to find extremely reasonable, providing admitted; and (3) that there was and Exports Office. Ая regards anywhere in the depositions an excellent opportunity for accur insufficient evidence for conviction, the other three men who coupled with that statement, anying Christmas presents. In view The facts of the case were that were also convicted, they were sufficient evidence, on which the of the deserving cause, it is hoped on August 30, Chief Preventive | Caught red-handed with the magistrate would have, been justi-that the sale will attract a large Officer Buller, of the Imports and opium either in their bands or fted in convicting the appellant on gathering. Exports Department, received in-alongside them. It was very clear the charge of possession. As far formation of a probable and in-that at that time the authoritica as that part of his conviction is tended shipment of opium on board intended to charge these three. concerned, the appeal must the Bank Line-steamer-City-ofIn the Police Court Mr. Buller stat-succeed. Pleasantville, in the harbour of this ed that he had not definitely made. On the second count, that p- Colony. He detailed the senior up his mind to charge the appel-pellant committed an act prepara-: Chinese revenue officer, Chinese lant.

tory to the exportation of pre- revenue officer No. 66, and an in-

pared oplum, we find that the terpreter to proceed to the ship by

whole case turns ມຸກ "I must stress that word 'definite- ment made by him at the Imports the state-

Paris, Oct. 2. sampan while he went there inde-

influential Jews are planning a pendantly by motor-boat.

Jy", said Mr. Hugh-Jones, "be-and Exports Office sometime about retrial of Jeans Christ under | cause I submit that there was 11 o'clock of the morning when he Jerusalem's ancient Civil Laws to some half-formed intention of was found on board the steamship. determine whether Christ So far as the evidence went there charging him at least. At 11 am.That statement admittedly was justly condemned

in the statements were taken, including made after due caution through a because of personal jealousy. deposition which had any reference one from the appellant. Hio was competent and honest interpreter In the event of the latter it la to the appellant, Lt Ping, except duly cautioned and I have no com-in answer to questions” by Mr.believed that the Jewish faith will the evidence of Mr. Buller who ment or complaint to make as to Butler,

ccaso to consider Christ us said that after he had been on

The question for me to decide heretic. board about an hour he found the

resolves itself into: Was the defendant in the custody of Chi- nese revenue officer No. 66 near the gangway. The other evidence

Evidence Reviewed

was nothing whatsoever

against him was that of the senior

Chinese revenue officer and No. 66,

who stated that when they appear ed in the gangway they saw two mon, one of whom was appellant, standing there.

1

Statement Queried

the enution that tered to him, like to

was adminis-

make appellant

or

I would also it clear that brings no NC- suggestion of inducement, Qr

the cusation any

CHRIST AND JEWS

RETRIAL PLANNED BY GROUP IN FRANCE

or

Norah Blancy and Gwen Farrar. Lets lay our heads together

("Jill Darling").

I'd do the most extraordinary.

things ("I!! Darling"),

Frances Day and Arthur Riscoe,

8 p.m. Local Time and Weather Report; Closing Local Stock Quota- tions

8.05-10.30 p.m. Chinese Studio Concert.

10.30 p.m. Close Down. -8.05-10 p.m. European Programme from Z.E.K. on a frequency of 640 kilocycles,

8.65-8.18 p.m. Harry Roy and his Tiger-Ragamuffins.

1. Shine; My Sweetie went away; Sweet Jenny Lee; 2. Farewell Blues: You Rascal You; Muddy Waters; 3. Fox-Trot Medley (Fast Tempo). Fox-Trat Medley (Slow Tempo); 4.

Form Fours-War Songs Medley.

8.18-8.35 p.m. Song Memories.

50 Years of Song,

8.35-9 p.m. Orchestral Music. Pacific 231 (Honegger), Orpheus in the Underworld Overture Orphee et Eurydice Ballet (Gluck),

(Offenbach).

9.9.15 p.m. A Relay of the Daven- try New Bulletin (Copyright by Reuter).

Richard Crooks (Tenor).

9.15-9.30 p.m. Five Songs by

My Song goca round the world; 3. O Song Divine: 4. Only my Song (Lehar); 5. Tell me tonight (Spol kansky).

9.30-10 p.m. Dance Music. 10 p.m. Big Ben: Press Bulletins.

ZEESEN PROGRAMMES

1. A Dream of Paradise (Gray);

This Evening's Broadcast From The German Short-Wavers

Special programmes for Faz Eastern tener-will-be-broadcast-from-Zeewen--na- follower

DJN

DJB

.

· SOUTH ABIA ZONE (South Asia Zone, broadcast from DIE, (19.74 metres) and DIN (81.45 mairen).

DJB 19.74 m 10,200 ke 1,39.3 p. DJI 19.14 m 16,200 4,46-8.38 p.m. 31.45 m 0,540 ke 4.45-1.15 pant. 15.74 m 15,200 kc p.m./13.30 TI, 4.45 p.m. DJB, DJÑ Announcement (Germ..

Engl) German Falk Bong. Fro aramma Farnenst (form., Engli Sp.. Hler Youth Programmei 1.30 p.m. News In English. 2.45 p.m.

WWS

7 D.B.

8.45 p.m. crucified

♫

statement obtained in such a way place equal to that which He holds He is assuming among Jewa n and by such means as to make a or that the interpretation of his full weight? I put it that way

threat

statement to which the learned among members of the Christian magistrate ought to have attached faith, it is stated.

BS

statement was bad. None at all.

The Jews plan to reconstruct My submission will be that this because I do not think admissi-the situation as faithfully statement should never have been bility enters into it at all. taken from him.

possibic, recreating both the San- After quoting remarks of judges hedrin and the Provincial Roman "His statement was; I was born on the point la Lordship con-Court.-United Press. The two men were arrested and in Hongkong. My age is now 33.tinued: The English law to my after some delay, were taken to the live on sampan No. 3671B with mind must necessarily remain Imports and Exports Department

unsettled because the question where they made their statements, my wife and daughter. I carry

passengers to and from ships and being one of the weight of impor

The appellant's statement was:

"I was born in Canton; I have been antville last night at 3:30 am, by piece of evidence, it depends on I went on board the City of Plea-tance which one should attach to a in Hongkong for about ten years. I live at No. 02 Staunton Street, myself. I went to the stern and the second door, with a friend.. I am saw several men there.

different circumstances

As the cach case.

a watchman employed by the Bank cook did not want to go ashore I

of

There is no rule of law or prac- tried to leave. I was there for tice which provides that a state- Line. I went on board the City half an hour. My object in go-ment made in answer to a ques- of Pleasantville between 9 and 10

to see that tion is for that reason, inadmis last night with two other watching on board

toaible. Judges have often depre- arrangements

made I saw some men pull up take the opium

on board.' eated such questioning but I have something from the stern of the ship. I did not interfore. I went I submit that even in view of this no doubt that their deprecation has been no more than was Bult-

men.

down the gangway to see what was

the matter."

Was

wore

suntoment that there 1x 110

evidence of appellant having theed to the circumstanes of the ease. opium in his possession at all.”

Word to Officers

in

Appeal Allowed

In this case there was a cau- The Second Charge

tion and there is no suggestion Continuing, Mr. Hugh-Jones sald

Referring to the second charge voluntary one. My view of the that the statement was not 1 the charge against his client was more or less based on part of his of having done an act preparatory law is, that unless the court own statement which was to the to exportation of the opium, Mr its discretion is satisfied that any effect that, he did not interfere Hugh-Jones stated the circum- thing in the answers was drawn when he saw some men pulling up stances under which the statement by unfair questions, it will be ad something from the stern of the was made rendered it inadmissible.mitted as evidence and due weight ship. The appellant was a watch Mr. Bullor, in his evidence, had will have to be given to it. The man employed by the agents of the stated that he had not definitely question must be primarily one steamer, and the mere fact that made up his mind to charge the for the discretion of the learned he failed to perform his full duties appellant, but the circumstances trial judge and I cannot, even could not be construed, he sub-proved conclusively that he mast after hearing the extremely able mitted, as doing an act preparatory have, intended to do so. In the argument for the defence put for for the exportation of oplum. first place, the appellant was ward by Mr. Hugh Jones, con- In allowing the appeal, His Lord- arrested for no other reason at clude that the statement was ship said that he had read the de- that time except that he had been taken in such circumstances that positions very carefully and had seen on board the ship; and be no weight should be attached to axamined the statement. While was arrested at the same time as It. assuming that the statement was the other people who, undoubted- correctly taken and properlyndly. had got opium in their posses by individual Judges. but by the I do, however desire to say what mitted, he could not, however, find has repeatedly been said not only Court of Criminal Appeal, that

New Victoria Orchestra,

7.30 p.m. Takk "Under Big Ben." 1.13 p.m. The Arthur Dulay · Quintet, Greenwich Time Signal, at 13 Naon

8.15 p.m. The Western Studio Orchenčem,

The News,

.5 p.m. The Argyle Theatre Orchestra, 1.45 p.m. Closa down,

Transmission 3

(0.8.. 10-11.45 p.m.; 0.8.E. 10 p.mel a.m.;

..)

p.th.

Bondres In Autumn! Now in German. Concert of Light Husle. News Ja English.

9.13 p.m. Clows down DJD, DJN (Germ

Engl.)

· EAST ASIA ZONE

Eral Air Zone broadcast through DJQ on 19.08 metres (18,240 k.o.) 1.80.8 p.m. Concert, news at 2 D.

p.m. Call DA. DIÊU, ĐÀN

(Germ..

Engl). German Folk Bonk Programma Proces (Germ

"

Engi.)

9.15 p.m. Hilir Pouth ProgTRAINI

4.45 pm. Nowe In English on DJA and in

10 p.m.

Datch on DR, UJN.

German Economica.

10.15 p.m. Bondres in Autwesen?

11.15 p.m. Hawa in German on DJA, B, BJN. Clone DJB (Germ. Engi), 11.30 p.m. Current Events..

11.46.

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1

The following wave-langile and frequencies ara observed by Daventej

Frequenry Wavelength 4,95 k.. 41.50 metros 2,510 ke. $1.65 Butirem 9.613 .. 51,30 matros

11,750. 15.53 matrea

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CHA

0.8.

12.1

10 p.m.

Big Ben, Evensong, relayed from

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GRD

10.40 p.m.

Orchestral. Interlude,

GOE

I p.m. Light Program ETV 1,

13.835 .. 3.28

11.15 p.m. The I.B.C. Northern Ireland

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CSP

15.110 k., 19.83 miles

C80

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21,470 .. 1307

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Greenwich Tim Hignal at 4.39 p.. 12.30 .. The New

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Transmission 4

1 a.. Closs down.

(0.9.8, and G.&.D.1

PART I 1.18 Big Ben, The News. ,1,30 nm. Negtaulk Dizon, at the Grgan

of the Tower Ballroom. Black- boal, Masse of West End Shawa. The

B.C. Variety Orchestra." 1.20 a.m. Medvedek's Balalaika Orchestra.'

Greenwich Time Signal at 7 pm.

z a.m.

3 .m. tezert-Harda Concert.

Greenwich Tim‣ Signal at 8pm. 4,18 a.m. Interlude. 438 a.m. The BULC. Military Hand.

Under Big Ben." A friendly chat on London, sport, people, and things by Howard Autohu[?

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PART. IF

4,45,

8.10 - The D.B.C. Dance Orchestra

directed by Henry Hall.

$30.m. Thə Gerber F'aykingten, Quintet. 4.m.

6.18

The 'News.

m.) The Bl.C. Dance Orcheste

teant'd),

·4.45- a.m. - - Close down

18.03 elros Gile ka. 19.TO metrie

Transraission 5

(G.B., and C.9.0.) 7 .. Big Ben. A Recital by Empire

Artista. 7.45 mm. "Under Nig Ben.” A friendly chat on London, sport, people, and things by Howard Marshall, Greenwich Time Bignal at 12 Midnight '# 'R.M.

Dance Mode. Maurice Winnick and Ma Orchestra.

845 am. The News

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(G.8.D., 0.8.0, and 0.8.1)

11. am. Big Ban. Talkı "Bande ecrane, the.

Bes

11.15 Interluda,

11.20 am. A Violla Recital by Orra

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Greenwich Tina Blanal at '5,50 .. 11.45 am. The Nowa,

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Transmission 2

(0.8.J., 0.8.M. and G.5.0,) ID.m

Big Ben, The Reiland Square-and-

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