484
THE HONGKONG WEEKLY PRESS AND
not
66
[December 25, 1895.
forged $50 note and he again interviewed the demanded another $2 for accused, who
running about money." The extra money was obtained, and prisoner then said ho had not the notes with him, but he gave Chan Ching a letter to take to a Samsuipo tea shop where he would get the $50 note. This man and the prisoner went over to Samsnipo together in a launch; aud on arriving there Chan Ching gave him $22, when prisoner took the letter from him, opened it, and took out a forged $50 note. Chan Ching took the note and came back to Hongkong.
The Chief Justice pointed that as the note was delivered in Chinese territory the charge of uttering would doubtless fall to the ground.
The Attorney-General agreed that there was a difficulty owing to the note being handed to the man in Chinese territory.
The witnesses for the prosecution, bore out the Attorney-General's opening statement, and the prisoner, in defence, said that the man Chan Ching brought the note to him himself and borrowed $20 on it. He (prisoner) told him to pay back the money in three days, and | when the man brought the money with $2 they
went to Samsnipo to get the note, which had been handed to a friend.
place at comparatively rare intervals, and might be argued that the re-establishment when they do there is no restriction as to of the curfew would diminish burglaries in the duration of the entertainment. The England, but the English people would re- Chinese theatres, which are open all the sist the application of the remedy, prefer- year round, are required to close at eleven ring to retain their personal liberty and 'clock at might. We believe if the true take their chance of burglaries. The feel. opinion of the Chinese community could being of the Chinese is much the same. If, taken by a poll a vast majority would be in they argue, it is necessary to take further favour of maintaining that regulation and measures for the repression of crime let the that there is no real sense of grievance in the police force be increased and the lighting of Datter at all. With regard to the recrea- the town be improved where it is defective.
on grounds, too, there is no legitimate The matter is one on which we think the ound for jealousy, The Europeans prac views of the Chinese should command some tise outdoor sports and the Government has attention. There are some subjects on which very rightly provided them with a ground they do not possess the knowledge or experi- or that purpose. The Chinese have a re- ence to give any value to their opinions, creation ground, too, and in the centre of the such, for instance, as questions of sanitation; town, but instead of being used for the but on this question of the light and pass Legitimate purposes of recreation it is a regulations and their effect on crime resort of sharpers of all descriptions and they are probably in a better posi- their dupes. If the Chinese wanted to play tion to form a correct judgment than most ricket, or football. or other games we have Europeans, as they know more about the no doubt the Government would do its best ways of the Chinese criminal and the o meet their wishes in the liberal spirit methods by which he can be deterred from hat has characterised it in such matters as crime than most Europeans do. Their ob- he provision of sites for the Tung Wah
jection is more to the carrying of lamps than Lospital and the Chinese Chamber of Com-to the taking out of passes. Lamps are
crée and accommodation for the Po Leung required after seven o'clock; passes uk. When the Government sins it is not until nine. If the hour for lamps rough evil intent but through indiscretion were made the same as for passes pro-
ignorance.
bably the sense of grievance" would" in In no department of government have great part disappear," because by nine ese faults been more strikingly exemplified | a'clock "most of the hongs and many of the an in relation to the light and pass re-shops are closed, and the regulations would
The prisoner was found guilty on this count. ulatious. It is now nearly twenty-five not then interfere so much with business, but
His Lordship-The prisoner in this case cars since the law was passed and for not mightit perhaps be as well to make the hour could not have been convicted for the offence more than six or seven years in the ten o'clock. It is a good thing that the with which he has just been charged if he had aggregate have the regulations been police should have the power to make any not been apprehended on the first charge, and inforced, the total period being made one they find roaming about at night I wish--and I have very great pleasure in doing up of sundky short periods. If the Go give some proof of his respectability, which so-to testify my appreciation of the discretion vernment was right in allowing the re- can be done by the pass systeur; while us to and good sense displayed by the police in con- nection with the first case, which presented con- gulations to fall into abeyance it cannot be carrying lamps, it must be admitted that
siderable difficulties. (To the interpreter). Tell thief would not
rule carry right in enforcing them now, and if it is
the prisoner that he has been found guilty right now it must have been wrong for a lamp if he could help it, and that of two very serious offences, and I have no three-fourths of the time. In either case we the regulation requiring lamps to be carried | doubt that he has made a business of manufac are driven to the conclusion that the Gov-might have some deterrent effect on him.turing these notes and passing them for value. rument is; we will leave it to the But the regulations should only be enforced | The total of his punishment will be ten years' ngenuity of the reader to supply the miss during the night time and in a large city imprisonment with hard labour; that will be five years imprisonment with hard labour upon ng words. This chopping and changing the night time can hardly be said to com- hout and the spasmodic enforcement of re- mence until the business day is over, which each of these charges. the sentence upon the second charge to take effect on the expiration of the first. gulations cannot do any permanent good in Hongkong is not until nine or and must have the effect of causing intense o'clock. irritation, whereas the art of government is to avoid irritation and to rule the people without letting them feel too keenly that they are being ruled. To cause needless irritation, whether it be in a white man, a black man, or a yellow man, is simple folly.
If modified and consistently and dis- creetly enforced the light and pass regulations might probably prove useful, but as they exist at present they are too drastic in their operation. Anyone taking a walk along Queen's Road after seven o'clock in the evening, and seeing the Chinese carrying their little twinkling lamps in the glare of the electric light must be struck with the absurdity of the scene. And it is there, where the light is most brilliant and where there is the least necessity, that the regula ious seem to be most strictly enforced. One of the effects is that a good many people who would otherwise spend a portion of their ame in the streets in the evening either for busement or husiness remain indoors, to stree detriment of the retail trade of the conrny and of the various places of amuse- had it. Possibly some amount of crime may nan be prevented, though that is a matter Peo
rather speculation for i
than experience. menting, however, that the regulations are on pctive in that direction, the contention courhe Chinese, who are the persons imme- any gely affected on both sides-and a very the sonable contention it seems-is that the Chice is too high to pay for the result. It
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SUPREME COURT.
18th December.
CRIMINAL SESSIONS.
BEFORE SIR FIELDING CLARKE (CHIEF JUSTICE).
ten
BANK NOTES.
The jury by direction of his Lordship found the prisoner not guilty on the charge of at- tering, and guilty on the charge of unlawful possession. He was then charged with uttering a forged $50 note on the 5th February.
The following gentlemen were sworn on the -Messrs, R. B. Joyce. A. H. jury in this case --- M. Silva, G. Grimble, D. F. C. Roza, L. L. R. Spatz, A. M. Marshall, A. Benjanji,
On hearing the sentence the prisoner asked his Lordship not to be so severe.
This concluded the business of the sessions.
23rd December.
IN ORIGINAL JURISDICTION.
BEFORE SIR FIELDING CLARKE (CHIEF JUSTICE).
THE CIRCULATION OF FORGED
Ng Kwai Sam, alias Ng Ut Po, was charged | TANG YUNG MAU r. SHEPHERD AND ANOTHER. with uttering a forged bank note well knowing it to have been forged; he was also charged with unlawfully having the note in his possession.
The Attorney-General (Hon. W. Meigh | Goodman) prosecuted on behalf of the Crown. and the prisoner, who pleaded not guilty, was undefended,
The following constituted the jury:-Messrs. G. R. Stevens, A. H. Skelton, J. Coils, D. A. Silva, I. F. Leon, A. C. Silva, C. A. M. de
Jesus.
This case, which has been before the Court for about six years, was called on for final settlement. The plaintiff, Tang Yung_Mau, sued by his guardian and friend, Tang Chang Shi, for certain property due to him under a will. The defendants are Mr. Bruce Shepherd, official administrator of the estate of Tang Lok, deceased, and Tang Kom Shee, executrix of the will and codicil of Tang Tung Shang.
Mr. Pollock (instructed by Mr. Deacon). appeared for Tang Kom Shee and Tang Tung Shang, one of the original defendants; Mr. Sharp (instructed by Mr. Ewens) appeared for Teng Ho Shi and Tang So Shi, and Mr. Philippo (instructed by Mr. Holmes) appeared for Tang Chang Shi.
The Attorney-General, in opening the case, said that on the 30th November a man named Chan Ching met the prisoner in Winglok Street and went with him to No. 9 in that street. Chan Ching asked the prisoner whether he had
Mr. Pollock said this was a motion for leave any forged notes, and he replied that he could
Chan Ching said How much are for Tang Kom Sheo to settle the claim upon get some. they?" and prisoner replied $20 for 850 notes. terms set out in the petition. His Lordship When you buy them do not use them in Hong-would remember that Tang Lok left surviving kong; I have used several in. Hongkong, you him a widow, Tang Ho Shi, and a grandson, had better go to Amoy with them." Chun Tang Yung Mau, and Tang Tang Shan was Ching promised to buy a note and then went the executrix a concubine named Tang So Shi away and informed the police. Inspector had also made a claim against the estate, and Stanton gave him $20 with which to buy a all these parties were represented.
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