1936-01-29 — Page 24

10

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THE HONGKONG

TELEGRAPH. ~WEDNESDAY, JANUARY

INSPECTOR NOT the stallholders perturbed that they

GUILTY

BRIBERY CHARGE'

FAILS

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 ber 27.when he received a summons ask him to revert to the old system, charging him with having accepted A though this was the crucial point bribe. Ilo had no indication of this of the case, no evidence had been departmentally. enlled to show that accused did give} Cross-examined by Mr. Williams, such orders or that Home of the accused said he considered Ya Tap stallholders did obey them.

nreliable man, and he had to get à spokesman because there were many orders to be insued to the stallholders every day. If he were to go to each take considerable time. stall individually he would have to

4

Expectation of Bribe Thomas Storey Clark, Second Class Sanitary Inspector, was the evidence given by the witnesses Counsel then went on to deal with found "Not Guilty” by the jury at for the prosecution, and referred to

Yu Lap had previously been to his the Criminal Seselons yesterday the discrepancies which he had point house in regard to the poultry, bust afternoon on a charge of having ed out at the beginning of the hear-ness from the Sailors and Soldiers. accepted a bride with a view to Ing. Ele submitted that no jury could influencing his conduct as a pub-convict in the face of such discre ile servant. He was accordingly 'discharged. 3

pancics..

Another point raised by the Crown was that when accused started this alleged persecution he had, at the back of his mind the expectation of charge present. Accused was not in

of only this particular market but moro and it seemed a, curious

fame. Ha told Yu

not to bother

him and that he would look into the mattor later, and Yu Lap seemed rather displeased. He could give no reason why Yu Lap should make such serious accusations against him.

Rather Worried

The case was tried by Mr. Justice R. E. Lindsell, Acting Chief Justice, with the assistance of the following Jury: Mesars, A. H. Carroll (fore man,

B, Jex, IT. Nish, L, M. V. thing that there was no suggestion senior officer about a bribe having Ribeiro, Yeung Hon-chuen, M. V. that he adopted this method with no been offered to him because he was Xavier and J. 9. Lao,

gard to them.

Mr. E H. Williams, Assistant Attorney

ey General, Instructed by Mr. 3. B, Prentis, Assistant Crown Soliel bor, appeared for the Crown, and Mr.

Jenkin, K.G., represented the accused on the instructions of Mr. Goo, K. Hall Brutton.

The case for the prosecution having been concluded the previous day, yes terday's proceedings were confined to the defence and final addresses by counsel for both parties.

DIForest Statements

a

Ío did not make a report to his

rather worried that day as he had

This was the first time that accus-Just parted from his wife, an incident

which he would never forget. od was appointed market inspector

Making his final. address to the no reason have jury, Mr. Senkin said that it was no reason why he should have given rather curious that counnel for the out the orders which were entirely Crown had not cross-examined the ac revolutionary and which spelt cocused on the faruance of the orders that he had done so, the stailholders mattern which had no bearing on the siderable fous of buninces. Assuming changing the washing hours but on could have obtained remedy by report Ing the matter either to the Senior Sanitary Inspector, Mr. Taylor, or to the Senior Burket Inspector, Mr. Eccleshall.

Counsel concluded by telling the At the outset, Mr. Jenkin said jury that if a person tendered a bribe there had been inconsistent and con- he was as guilty as the recipient and tradictory statements given by cer-could therefore he regarded as an tain of the material witnesses, and he accomplice. His evidence could not asked that this situation should be taken into consideration against explained by the Assistant Attorney-the recipient unless it was corroborat General and taken into consideration ed by an independent witness. In by the jury in the interests of justice. the present case there was no direct The first point for this request was evidence against' accused apart from the witnesses as to whether the money to have tendered the bribe. They that when he cross-examined some of that of the two men who were alleged had been taken out and counted on were accomplices in the eyes of the the table, they denied that this had law and therefore their evidence been the case. Yet in the Magistracy|

ney, should not be considered.* Mr. Lockhart-Smith who appeared Counsel then nuked His Lordship to for the Crown had stated that this direct the jury that there was no was what actually happened, and this ense to answer. statement could only have been made

tion supplied.

point was that ni

the Magistracy i was stated that when the two stallholders went to accused's residence no permission us to the re- version to the old system of washing hid at that time been granted. In this Court, however, the witnesses said that permission had been grant ed before the money was tendered.

This was not trivial but a very serious matter and he would like the Asalatant Attorney-General to make was the nature of the opening on these two pointa in the Court below before the Magistrate.

a statement as to

what

Crown's Explanation

His Lordship, however, held there was a case to answer, and Mr. Jenkin then put his client in the witness-box,

Accused's Story

case. He submitted that the reason why the bribe was offered was pro- bably because the stallholders wanted the accused to lose all his power in

the future.

For the Crown, Mr. Williams sub- mitted that the discrepancies already mentioned could be expected because there had been a considerable lapse of time before the incident was brought to light. All the witnesses were not of a high class and therefore they could not be expected to remem- ber every detail of the incident. Yu

cused who had said he could be relied

was the man who offered his ser vices as the spokesman for the ne-

upon, and it was therefore rather, amazing that he should make such nerious accuantions without any foundation,

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

-Summing-Up

Accused stated that he wia ap

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

the accused did Road Market in May last year. He case was whether also had charge of eight others, and accept or not the bribe which he him- hja special duties were to look after self admitted was offered to him. Ho their cleanliness. At that time the then reminded the jury that the per- supply of water was restricted, but son who tendered the bribe was as who received it. he had never given any orders that guilty as the one 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 accused's house as it was not cor- customers. Ife had, however, issued roborated by an independent witness. a warning to the effect that if the They were entitled to convict on this Stallholders could not keep their evidence but it was dangerous to do places clean they would have to stare so,

The Jury retired for ten minutes which they returned an

Mr. Williams anid he was in rather a difficult position as he was not res-water. ponsible for presenting the case at the Magistracy. With regard to the market between B and D a.m. and unanimous verdict of "Not Guilty." counting of money on the table he had looked through all the statements taken by the Police and could not find a single reference to it. In one of the statements taken by Mr. Lock- hart-Smith, there was

He occasionally paid visits to the after never saw any stallholder cleansing his place. If he had issued the alleged orders the stallholders could have appealed to the authorities.

Yu Lap, one of the men who went

a auggestion to his house to tender the bribe, acted that the money had been counted. as spokesman for the stallholdera. This mistake might have been made Whatever Instructions he had to give at 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. Lendered, it was based the evid- ence of the witnesses. This was made at the Magistracy and it had since transpires that this was not Lize case

His Lordship. remarked that it was a matter for just comment, but they

would have to leave it at that.

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 naked them to have some but Po Wo declined while Yu Lap accepted.

Mr. Jenkin then submitted that he hnd no cash to answer. He reminded the Jury that they were assessing the value of Inets and if they found that After he had given an envelope to Yu the ase for the prosecution had not Lap, Po Wo walked out of the room. been

the accuse they should not convlet Yup Lap then told him that he had

present for him from the market

The case for the Crown was that and took out the envelope. Witness the accused having taken over the asked him for what purpose the pre- inspectorship of the market gave sent was offered to him, and Yu Lap orders that the washing of the stalls replied that it was the usual custom. should be carried out at entirely Ho did not accept the present and Y different hours to those which had Lap then asked him if he had obtain previously been allotted to that busied 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 talk about this business pro- but they were carried out by some of riously and he had told Yu Lap that the stallholders. So greatly

wore he would look into the matter for him.

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BECAUSE. HE STOLE A LOAF OF BREAD.......

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