1936-01-29 — Page 10

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THE HONGKONG

INSPECTOR NOT GUILTY

"BRIBERY CHARGE

FAILS

TELEGRAPH WEDNESDAY,

JANUARY -

29,

the stallholders perturbed that they Yu Lap then left and the next he convened a meeting at which they de heard of this incident was on Novem- cided to approach the accused and bor 27 when he received a summons ank him to revert to the old system. charging him with having accepted a Athough this was the crucial point bribs. lie had no indication of this of the case, no evidence had been departmentally. called to show that accused did give such orders or that some of the

stallholders did obey them.

Cross-examined by Mr. Williams, accused said he considered Yu Lap a reliable man, and he had to get B spokesman because there were many orders to be issued to the stallholders every day. If he were to go to cach stall individually he would have to

considerable time.

Expectation of Bribe Thomas Storey Clark, Second Counsel then went on to deal with Clans Sanitary”, Inspektor, Was the ovidence given by the witnesses

tako found "Not Guilty" by the jury at for the prosecution, and referred to

Yu Lap had previously been to his the Criminal Sesalons yesterday the discrepancies which he had point house in regard to the poultry busl afternoon on a charge of havinged out at the beginning of tho hear- ness from the Sailors' and Soldiers' accepted a bride with a view to ing. He submitted that no jury could Home. He told Yu Lap not to bether influencing, his conduct as a pub convict in the face of such dizero-him and that he would look into the

pancies,

matter later, and Tu Lap seemed lle servant. He was accordingly

Another point raised by the Crown rather displeased. He could give no discharged.

wns that when accused started this reason why Yu Lap should make such alleged persecution he had at the serious accusations against him. back of his mind the expectation of

Rather Worried a present Accused was not in charge eight moro and it seemed of only this particular market but A curious!

The case was tried by Mr. Justice R. E. Lindsell, Acting Chief Justice, with the assistance of the following Jury: Mesers. A. H. Carroll (for man), S. Jex. H. Nish. L. M. thing that there was no suggestion. senior allicer about a bribe having Ribeiro, Yeung Hon-chuen,. M. V.. Xavier and J. S. Lno,

Mr. E. H. Williams, Assistant Attorney-General, instructed by Bir. J. B. Prentis, Assistant Crown Solici bor, appeared for the Crown, and Mr. F. C Jenkin, K., represented the accused on the instructions of Mr. Geo. K. Hall Brutton.

counsel for both parties.

Different Statements

He did not make a' report to his that he adopted this method with rebeen offered to him because he was rather worried that day as he had gard to them

Just parted from his wife, an incident which he would never forget.

Making his final address to the jury, Mr. Jenkin sold that it

This was the first time that accus- ed was appointed market inspector and unless ho was Ianarie there was

WEB

bably because the stallholders wanted the accused to lose all his power in the future.

no reason why he should have given rather curious that counsel for the out these orders which were entirely Crown had not eross-examined the ac revolutionary And which spolt con-cused on the issuance of the orders siderable loss of business. Assuming The case for the prosecution having that he had done so, the stallholders changing the washing hours but on been concluded the previous day, yes could have obteined remedy by report, i matters which had no bearing.an tho terday's proceedings were confined to tag the matter either to the Senior care. Ho submitted that the reason the defence and final addressen by Sanitary Inspector, Mr. Taylor, or why the bribe was offered was pre the Senior Market Inspector, 3г. Eccleshall.

Counsel concluded by telling the

For the Crown, Mr. Williama sub- jury that if a person tendered a bribe mitted that the discrepancies already he was as guilty as the recipient and mentioned could be expected because could therefore he regarded as an there had been a considerable lapes accomplice. Ils evidence could not of time before the incident was be taken into consideration against brought to light. All the witnesses the recipient unless it was corroborat were not of a high class and therefore ed by an independent witness. In they could not be expected to remem the present ease there was no direct ber every detall of the incident. Yu evidence againat accused apart from Lap was the man who offered his ser that of the two men who were alleged vices as the spokesman for the ar- to have tendered the bribe. They cused who had said he could be relied were accomplices in the eyes of the

upon,

was therefore rather Buch law and therefore their evidence amazing that he should make

serious

without any should not be considered.

accusations foundation,

Although the evidence of the two men could not be taken as corrobora-: tive without an independent witness, anyone could see that their avidonco was based on what actually happened.

At the outset. Mr. Jenkin said there had been inconsistent and con- tradictory statements given by per- tain of the material witnesses, and he asked that this situation should be explained by the Assistant Attorney- General and taken into consideration by the Jury in the interests of justice. The first point for this request was that when he cross-examined some of the witnesses as to whether the money i had been taken out and counted on the table, they denied that this had

run the case. been

Yet in the Magistracy, Mr. Lockhart-Smith who appeared for the Crown had stated that this was what actually happened, and this statement could

only ha

have been made on information supplied.

Another point was that at the Magistracy it was stated that when the two stallholders went to accused' residence no permission as to the re- version to the old system of washing

at 'that hud

time been granted. In this Court, however, the witnesses sald that permission had been grant ed before the money was tendered.

This was not a trivial but a very serious matter and he would like the Assistant Attorney-General to make a statement as to what was the nature of the opening on these two points in the Court below before the Mugistrate.

Crown's Explanation

Counsel then asked His Lordship to direct the jury that there was un case to answer.

ilis Lordship, however, held there was a care to answer, and Mr. Jenkin then put his client in the witness-box. Accused's Story

and it

Summing-Up

Accused stated that he

In the course of his summing-up was ap- of the Lockhart His Lordship said the crux of the pointed inspector

did the accused He case was whether Road Market in May last year. also had charge of eight others, and accept or not the bribs which he him- his special duties were to look after self admitted was offered to him. He their cleanliness. At that time the then reminded the jury that the par- supply of water was restricted, but son who tendered the bribe was as the one. who rocelved it. he had never given any orders that guilty na the washing hours should be altered. The jury must consider with the He knew that the Issue of such orders greatest doubt and suspicion the evid would cause great inconvenience not ence of the two men who went to only

to the stallholders but to the necused's house as it was not cor- customers. He had, however, issued roborated by an Independent witness. warning to the effect that if the They were entitled to convict on this do stallholders could not keep their evidence but it was dangerous to Mr. Williams said he was in rather places clean they would have to store so a difficult position as he was not rea- water.

The jury retired for ten minutes they returned ди ponsible for presenting the caso at

He occasionally paid visits to the after which На the Magistracy. With regard to the market between 8 and D

a.m. and unaninous verdict of "Not Guilty." counting of money on the table he had never saw any stallholder cleansing looked through all the statement his place.. If he had issued the taken by the Police and could not find alleged orders the stallholders

could a single reference to it. In one of have appealed to the authorities. the statements taken by Mfr. Lock- Yu Lup, one of the men who went hart-Smith, there was a suggestion to his house to tender the bribe, acted that the money had been counted as spokesman for the stallholders. This mistake might have been made Whatever instructions he had to give nt various stages of the proceedings. he would tell Yu Lap and the latter As to the statement that permission would pass them. on to the stall: was given after the money had been holders. tendered it was based on the evid ence of the witnesses. This was made the Magistracy and it had since transpired that this was not the

casu

His Lordship remarked that it was a matter for Just comment, but they would have to leave it at that.

Mr. Jenkin then submitted that he had no case to answer. Ilo reminded the fury that they were assessing the value of facts and if they found that The case for the prosecution had not bien proved, they should not convict the necused.

Present From Market

Yu Lap and another man named Po Wo went to his house on May 18. He remembered the occasion because his wife and two children went away by the Naldera on that day. The men came just as he had ordered tea. He anked them to have some but l'o Wo declined while Yu Lap accepted. After he had given an envelope to Yu Lap, Po We walked out of the room. Yup Lap then told him that he had

a present for him from the market

The case for the, Crown was that and took out the envelope. Witness

Courtauld's

artificial silk UNDERWEAR

$200

per garment

at

thes accused having taken over the asked him for what purpose the par MACKINTOSH'S inspectorship of the market gave sent was offered to him, and Yu Lag orders that the washing of the stalls replied that it was the usual custom. should be carried out at entirely He did not accept the present and Ye ferent hours to those which had Lap then asked him if he had obtain- previously been allotted to that busi- ed the poultry business for him from ness. It was further alleged that not the Sailors' and Soldiers' Home. They only had accused given these orders had a talk about this business pro- but they were carried out by some of viously and he had told Yu Lap that the stallholders. So greatly were he would look into the matter for him.

SALE

Of old, the "town-crier." made things known.

To do this he rang his bell at certain points where he could be sure of the biggest crowds. The difference between then and to-day is that circulation was indicated by the number of fisteners; the advertiser of 1936 can only gauge the field his message covers by the num- ber of newspaper readers.

Hence the reason for Chartered Accountants" Certificates of Newspaper Sales.

However much advertising, may be discussed, the indisputable fact remains that newspapers "must be the first charge on the advertising

schedule.

The South China Morning Post and The Hong- kong Telegraph give the widest possible' certified coverage:

1936.

NOVEL!

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FRIDAY

AT

B.B.C.

THE KING'S. BECAUSE HE STOLE A LOAF OF BREAD......

the law made a monster of him! Sentenced to 10 years of brutal labor in the galleys...

..Jean Valjean emerged a broken man! Even then, the law denied him peace, denied him love...in a story that will' burn itself into your memory!

VICTOR HUGO'S Ageless chronicle of man'ı inhumanity to man

Les

MISERABLES

*tarring FREDRIC

MARCH

CHARLES

LAUGHTON

CEDRIC HARDWICKE ROCHELLE HUDSON' • FRANCES DRAKE JOHN BEAL

20 DARRYL ZANUCK Production Presented by JOSEPH MISCHENCK Released thru UNITED ARTISTS

CENTURY. PICTURE

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