August 25, 1900.]
SUPREME COURT.
18th August.
CRIMINAL SESSIONS.
BEFORE HIS HONGUE SIR JOHN CABRING TON, C.M.G. (CHIEF JUSTICE).
A TRIAD SOCIETY CASE.
There were two counts in the indictment re- lating to Man Hi, viz., (1) being an office bearer of an unlawful society; (2) being a member of an unlawful society. He pleaded not guilty.
The jurors were Messrs. E. Mauricio, H. Harrow Julius Helms, W. F. Muat, A. H. Mancell, H. P. Jertrum, and E. J. Judah,
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Chinese detective U Po and Inspector Mac- donald gave evidence as to the finding of the writings in question at the prisoner's house on the 8th July.
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CHİNA ÖVERLAND TRADE REPORT. member of such unlawful society." He thought, prosecutor was the keeper of a temple at Sam they would come to the conclusion when they Shui Po, just beyond the Cosmopolitan Docks. heard the evidence that the documents found in The man was an opium smoker and appeared the possession of the prisoner were "writings" to be rather a callous apathetic sort of within the meaning of the section.
fellow, for he did not take the trouble to report the robbery to the police at first, although he told his neighbours. It appeared that at about nine o'clock on the evening of the 19th July he was in his house--a little house with two rooms, Tsoi Yuk Shan said he was formerly in the one in front and one at the back. He was hav Government service and went round the New ing a smoke of opium and a coolie was close by Territory with Mr. Lockhart, but he had him filling his pipe. This was in the front accepted a better position. He had given evi- room. In the back room was his wife. It dence before in Triad Society cases, having made was alleged that the prisoners burst open the a special study of the society. The book marked door and entered the house. No. 1 came A was a Triad Society book and dealt with in carrying in his right hand a knife and the signs of the society. The piece of cloth in his left a paper torch, while a revolver produced was called a Yu-ping" or diploma was hung round his neck. This man went up of membership. Exhibit C, a piece of paper to the prosecutor, and said, "Don't say a word bearing an inscription, contained the creden. or I'll kill you," and proceeded to "take" a tials of a high officer, which enabled him to bangle off his arm and to appropriate other punish offending members. His titles were, as things. He then handed the torch to No. given in the credentials, Grand Guardian 2, who went to the wife and stripped off her of the Heir Apparent; President of the Board bangles. No. 3 appeared to have been acting as of Punishment; Vice-president of the Board a sort of sentry. When they had got what of War; Promoted three ranks in succes- they could they went back to the prosecutor, sion; Five times honourably mentioned; seized his pillow, and found money and jewellery Commander-in-chief of the two Capitals in it. It would have been better for them and 15 Provinces: General or Field Mar- if they had left this pillow alone, as it shall: Head of the Commissariat Department; was the articles found therein which led to Chief of the Treasury. There was a diagram on their identification. On leaving the house they the paper which read: "The Lodge of the made their way to Taipo with their plunder, Sworn Brothers." A man in possession of such a going to a lodging-house kept by a woman. document would be a high officer in the sciety. When the time came to pay the woman the next The prisoner, on being asked if he had any day they told her they had no money, but gave thing to sy. said he had nothing to do what her some bangles and asked her to sell them. ever with the document brought into Court. No. 3 asked her to sell a silver chain. The This was a case of false accusation. The police woman took the chain round to a silversmith, sergeant brought these things into his house in who promptly melted it down so as to prevent order to trump up a charge against him. If it from being identified. The prisoners were his Lordship thought he was guilty he was wil- subsequently got hold of by the police. ling to go to gaol and suffer imprisonment, but he asked his Lordship to be very careful in deal- ing with this case, because it was a case of false accusation, and the police-sergeant might bring the writings forward again in some other case.
The Chief Justice said it was not for him to say whether the prisoner was guilty or not, but the jury.
The prisoner, continuing, said perhaps the jury would say he was telling a falsehood, but he asked the jury not to believe the police-ser- geant. The statement of a prisoner was just as good as that of a police-sergeant.
The jury retired to consider their verdict. returning after an absence of five minutes. They found the prisoner not guilty on the first count and guilty on the second count.
The Attorney-General (the Hon. W. Meigh Goodman, Q.C.) said he took it that it was a matter of common knowledge that China was noted for secret societies, but they had nothing to do with that except in so far as these societies had come within the purview of the law. There wus one society among the Chinese which was called the Triad Society. That society might have--possibly had-for its political object the substitution of the old Ming Dynasty for the present one. If that was all probably no notice would be taken of the society in the colony, but it was found that the members of this society so conducted themselves as to be dangerous to the peace of the community. They could perfectly well un- derstand that the members of such a society would not come to give evidence against each other, and there were many ways in which the members could put themselves into such a posi- tion as to thwart the action of the law to a great extent. At any rate early in the history of the colony-in 1845-it was found neces- sary to pass a law dealing with the So- city. That Act lasted a great many years, and it was not until 1887 that a new Ordinance was passed repealing the old one and re-enacting it with certain alterations. This was the Or- dinance they had to deal with that day. No. 8 of 1887 was "An Ordinance for the Sup- pression of the Triad and other unlawful societies and for the Punishment of the members thereof," and it began by saying. Whereas the Triad and other societies are formed for unlawful purposes and constitute a danger to the peace of the colony, and whereas it is expedient to amend the laws re- specting such societies," etc. The second section said that if anybody unlawfully among other things accepted office in such a society or if he was a member he was liable to punishment, and the punishment was less for a member than for an office-bearer. The charge against the prison- er was two-fold. He was charged in the first place with being an office-bearer in connection with the society and in the second with being a member. If the jury found him guilty in the first count they would of course find him guilty on the second; but the two counts had been put in in case by any possibility the prosecution failed to prov he was an office-bearer. He thought the evidence he would be able to put before the jury would prove most clearly that prisoner was an office-bearer as well as a member. The facts were shortly these. It was alleged on behalf of the prosecution that the prisoner was one of the head centres of the society and that he had a house at Sam Shui Po where he used to enlist members and initiate them. The police had tried to get hold of him for some time past, but these were slippery people to deal with. However on the 8th July the police, armed with a search war- rant authorising them to search for arms, visited his house, and found some fighting irons and some books. Among these books was one wrapped up in a piece of cloth which was a kind of diploma in the Society. The books were found in a beam in the room. There there was a box in the room. This box was opened by the prisoner's key and was found to contain a paper which was a badge of office. Now The Attorney-General (the Hon. W. Moigh came the question, How did the evidence justify Goodman, Q.C.) said the prisoners were charged them in dealing with the case ?. Section 10 of with having committed an armed robbery at Sam the Ordinance said:-"When any of the ban-Shui Po at the house of a man named Wong ners, insignia, or writings of any society de- Shau on the 18th July. He was afraid that clared by this Ordinance to be unlawful are this case, like a good many others they had had found in the possession, custody or control of at that court, showed how utterly regardless any person, it shall be presumed, till the con- 1 some people, especially in the New Territory, trary is shown by such person, that he is a appeared to be as to the law. In this case the
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His Lordship said the prisoner had been found guilty on very clear evidence of being a member of this Triad Society. The law had declared it to be an unlawful society, and when- ever any person was proved to be a member of it he must be punished accordingly. They saw only too well in the neighbouring empire of China the danger of these secret societies. The prisoner must undergo imprisonment for six months with hard labour, to comme.ice at the expiration of the three months he is undergoing for being in possession of arms.
The prisoners were found guilty on the first count, and the first was sentenced to eight years hard labour, and the second and third to seven years hard labour, each of them also to receive
20 strokes with the birch.
THE ARMED ROBBERY AT MIRS BAY.
Yau Ti Kin and Yan Wa ( hun were charged with robbery being armed at Mirs Bay on the 3rd August. They pleaded not guilty.
The jurors were Messrs. H. P. Jertrum, Henry Harrow, Vasco Luis dos Remedios, W. F. Muat, C. W. Richards, R. J. dos Remedios,
and A. R. Lowe.
The Attorney-General said the two prisoners were charged with robbery, being armed with revolvers and knives, upon the person of one Yau Apt and taking from him money amounting to $1.600, two cheques, an umbrella, and a pair of boots. The Attorney-General explained that' the prosecutor was collector for a rice shop at New Praya West which did an extensive busi- ness with the New Territory, chiefly with the Sha Tau Kok district. On the second of August the prosecutor had been round collect- ing money, and in the evening put up at the house of a friend at Sha Tau Kok, intending to take a boat the following morning for Sha U Cheung, where he could get a launch for Hongkong. Accordingly early the following morning he started in a boat for Sha U Cheung, and when near Sha Tau a boat approached and a shot was fired, the prisoners subsequently For committing an armed robbery on Kow-boarding his boat and carrying off $1,600 in The prosecutor loon City Road on the 11th July, Lo Fuk and money and certain articles. San Chi were sentenced to seven years hard could identify the first prisoner but not the labour and 20 strokes with the birch.
second, as the latter had his face turned from. him. The first prisoner put a knife to the prosecutor's neck. Information was given to the police and the prisoners were arrested at the salt pans at Sha Tau Kok.
Mr. Tsoi Yuk Shang was allowed $5 for his
attendance.
THE ARMED ROBBERY NEAR KOWLOON CITY,
August 20th.
THE ARMED ROBBERY AT SAM SHUI PO.
Wong Sap, Leung Shak, and Yat Loi were charged with (1) robbery being armed; (2) receiving stolen goods. They pleaded not guilty.
The jurors were Messrs. A. H. Mancell, David Benjamin, T. V. de Faria Noves. Adolph Thiessen, Julius Helms, A. H. da Silva, A. M. Place dus Remedios.
The hearing of the case had not concluded when the court rose.
BEFORE
THE HON. T. SERCOMBE SMITH
(ACTING PUISNE JUDGE).NE
THE ARMED ROBBERY AT KAU TAU. Leung Cheung, Tse Luk, Cheung Man, Chan Yau, and Yau A. Sze were charged with (1) robbery being armed; (2) receiving stolen goods. They pleaded not guilty.
The jurors were Messrs Paul de Champmorin, Ernst rndt, E. W. Terry, A. A. Cardeiro, A. Weill, E. J. Judah, and Edward Mast.
Mr. H. E. Pollock, Q.C., said it appeared that a man named Lo Man Ting, who was a retired
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