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It was a poor grade ?—Yes. very poor.
At 140 Queen's Road West ?-Line concrete with cement rendering ou top a quarter of sa inch thick. The matrix seemed to be crumbling. Was that botter or worse than at 133?-About the same.
Witness gave evidence of a similar character with regard to other houses in Queen's Road West.
If you had been examining these houses for good lime concrete how many would you have passed ?-There is no lime concrete there that I would have passed.
What about 3 Queen's Road West?--I would have passed that, but that was only a small piece, probably a square yard.
At 144 Queen's Road West - Personally I would not have passed that as good concrete. It depends on the standard.
And none of the others you would have passed ?-No.
Is it possible to judge of the quality of concrete, or the fact of concrete being there by thumping the ground?—To some extent, yes.
How do you judge?—The vibrations are more easily transmitted where the concrete is hard than where it is soft.
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Cross-examined-One of lime to two of red earth would make a good mortar. The matrix is the mortar. It pulls the stone together. There is no stone lime obtainable in the colony. Shell or coral lime are always used here. have had considerable experience of mortar and tested many briquettes during the past year. When I have to examine a house I look out for the bad concrete and pass over the good. If concrete was covered over before it set it would have a tendency to deteriorate. I could not say if the lime wonld be better a year ago than it is to-day.
Re-examined-If the materials had set, the lapse of ten months would not be sufficient to have any material effect on the concrete.
Mr. A. Carter, sanitary surveyor, at present acting as principal clerk to the Sanitary Board, said I was appointed in November 1901. I know the defendant, who, I believe, was appointed after me. Defendant is one of our best students and has gained both certificates from the local branch of the Sanitary Institute. He has taken a course of study in sanitation and sanitary science. It includes the composition of concrete and other building materials. In the present year there has been a change in the distribution of work with regard to concreting. The arrangement for that work was placed in my hands. In November and December last year I had nothing to do with the concreting of ground surfaces. At that time it was in the hands of the plague inspector. The signature on the document produced was defendant's. The document was a return made by defendant calling upon the owner of premises in Winglok Street to abate certain nuisances. I examined the bouge at 177 Winglok Street on April 30th and examined the concrete. It was of bad quality, owing to the failure of the cement material. In consequence of my report a notice was served on the owner calling upon him to re-concrete the main room. The owner, I believe, wrote to the Board asking for exemption (Letter produced.) It was passed to Sanitary Inspector Gidley who attached the necessary forms and returned it. The papers were in defendant's hands as it lay in his district. Although this work was taken out of the inspectors' hands, the papers were sent to them so as to have a knowledge of what was going on in their district After the receipt of that letter from the owner no further action was taken by the Board. The concrete I saw as 177 Winglok Street in my opinion had been laid for many years. I surmised that from its appearance. In my opinion a depre- ciation would have taken place in the concrete between the inspection in December and my inspection in May. I don't think I would have passed the concrete in December, because I have been looking for a higher standard of work than defendant. We have no standard laid down and that leads to a great deal of trouble.
Cross-examined -Ás a matter of fact you can't get stone lime in the colony?—I haven't seen any good lime in the colony.
Continuing-My experience is that in the lower levels we never get the lime properly set. My idea is that a higher standard was required
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THE HONGKONG WEEKLY PRESS AND
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[September 8, 1906.
This concluded "the osas for the prossoU- tion.
by the Sanitary Board than I find is now as to his visit to defendant's house and the required. I could tell by sounding the ground appearance of the premises.] whether there were rat runs.
Re-examined-With regard to this concrete at 177 Winglok Street, I don't think it had ever set. It was affected by the rise and fall of the tide.
Mr. F. B. L. Bowley, Crown Solicitor, prosecuted and Mr. C. D. Wilkinson (of Messrs. Wilkinson and Grist) represented the defendant.
Mok Hon Shan, rice-broker, said I have known Chak Hok-king for ten years I do broking business with the Yuen Fat hong. In addition to rice broking, I act as a runner for Lik Kee. I know the defendant by sight. I first saw him at the beginning of the 10th moon last year.
Lik Kee took me to defendant's family house. Lik Kee spoke to him and said- This is my friend. If there is any business, or when the numbers for conorating are out, inform him.” I wrote on the paper produced. Part of the evidence at this stage was inaudible. It raferred to his conversation with defendant and his interpreter.
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Mr. Wilkinson submitted that his client was entitled to be discharged, inasmuch as no evidence had been adduced which justified his The case was adjourned.
being committed for trial. The sole evidence The hearing of the charges of bribery pre-in reality against his client was that of Chan ferr-d against Inspector Habert J. W. Gidley Hok-king but asuming for the sake of argu- of the Sanitary Board was continued at the ment that his client were guilty of the offence Magistracy on the 4th September before Mr. with which he was charged the position of that H.. J. Gompertz (First Police Migistrate). man Chan Hok-king was that of an accomplice and it was a well known rule of practice, which had the force of law, that no man could be con- victed on the uncorroborated testimony of an accomplice. Having referred his Worship to "Best on Evidence," Mr. Wilkinson proceeded to show that there was no evidence in corrobora- tion of what Chan Hok-king bad stated. There was the statement of the fokis of the Yuen Fat hoog alleging that money was taken from there to Chan Hok-king and paid to him for the express purpose of offering a ribe. That was the evidence of other accomplices. Apart from that, what did that oyidouce amount to ? Money was paid to Chan Hok-king but there was DO evidence that the money was paid by him to defendant. He submitted that it suggested what was probably the actual fact, that Chan Hok-king obtained that money by false pretences from the Yuen Fat hong and concocted the present story in order to prevent himself being prosecuted for a serious offence. There was no evidence to show that his client had been guilty of improperly passing work or that he had received anything for doing so. Evidence was given by Mr. Gale that the concrete was very bad, but that evidence altogether failed in view of that given by Mr. Carter, who stated that concrete deteriorated in a very short space of time. He added that it was practically mpossible for pure concrete to completely set in the lower levels, and he went on to say that it was quite possible the coverete was in a better condition when examined by defendant than when it was examined by him. self. His Worship would also remember that those two men held different positions. The defendant inspected premises for the purpose of ascertaining not if they were built in accord. ance with the provisions of the Building Ordinance but to ascertain whether the floors were reasonably sufficient to withstand the inroads of plague-infected rats. A sanitary surveyor went there for the purpose of inspect- ing the buildings much more thoroughly. Apart from Mr. Carter's evidence there was the fact stated in the notices that it was the duty of plague inspectors to do as little damage as possible to premises which they inspected. It was their duty to be reasonably satisfied that there was ground for supposing that everything was not in order before the floors were lifted. Mr. Carter had told them that thumping the floors would be a sufficient test in his opinion. From the fact that his client went round the whole of those houses thump- ing every part of the floors, and there being no evidence that he had neglected his duty, in proof of which he had two or three months later recommended that one of those houses be recon orsted, Mr. Wilkinson submitted that his client had nothing whatever to do with accept- ing bribes. No man, in those circumstances, would bo fool enough to put his head in a noose like that. He asked his Worship to weigh the facts carefully, and if his Worship were satisfied there was no real evidence other than that of Ühan Hok- king, he submitted it would be wrong to send defendant for trial. It would be impossible for suy jury to convict on such evidence.
Witness continued-I went with the Indian olerk to distribute the concreting notices, Immediately afterwards I gave one of the small pieces of paper bearing Lip Kee's name to each tenant. The papers were like the one produced. I gave that particular notice to the teuant of a shop in Queen's Road West. I remember being sent one day by Lip Kee to the Yuen Fat hong. That was after I had left one of those papers. It was about the beginning of the tenth moon. At the Yuen Fat bong I had a conversation with the people there and took two pieces of paper which I received from the Yuen Fat hong, back to Lip Kee. I have seen the two papers pro- duoed before. They are the papers of which I spoke. Lip Kee went out taking the two papers with him. When he returned he handed the papers to me and I took them to the Yuen Fat hong. That all took place on the one day. Next day the Yuen Fat bong sent up some money. I went to the Yuen Fat hong in the morning and went up with one of the people to Lip Kee. Before I left the hong I saw the accountant band some bank notes, 8250, to a foki named Kwok whom I accompanied to Lip Kee where he handed the money to Mr. Chuk, who then went out. I waited for him and after he returned he said the Inspector would go up. I went to Queen's Road West near the Civil Hospital accompanied by a foki and another man, We three waited there till the Inspector arrived. I saw him enter seven houses. I did not go inside. After the Inspector had finished, I went to 3 Queen's Road West, following Chak Hop-king and the Inspector. All of them went into the Yuen Fat hong. I did not hear anything Chak Hop-king said to the defendant, Later I saw Chak Hop-king at his shop between two and three o'clock. He returned to me two pieces of paper, which had now red ink marks. I remember the business about concreting in the twelfth moon. Some one from the Yuen Fat hong came to the Lip Kee shop. I went down to see the Yuen Fat. I saw a paper like that produced and took it to Chak Hop-king. Next morning the Yuen Fat's accountant handed me $50 which I took to Chak Hop-king, who then went out taking the money with him. He returned and said the Inspector would inspect the place. I was present at the inspection, which was at 18 Bonham Strand West and 177 Wing Lok Street. After the inspection I went back to the Lip Kee, where I waited for the return of the paper. It was handed to me by Chak Hop-king and I took it to the Yuen Fat.
What did you get for your trouble in the $250?—Ten dollars.
And in the other -Thres dollars. Who paid you that ?-Chak Hop-king. Cross-examined-In the course of my business I went often to the Yuen Fat bong where it was well known I was a rice broker. I had never taken any other slip of paper to any shop before the one referred to as E. I took several on that day. I showed them to Lip Kes before 'I took them. [Witness was questioned at length
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His Worship-My duty is to find out whether there is a prima facie case. I find it is established.
Defendant was then formally cautioned. Defendant-I have a statement, to make. The story told by Chak Hok-king is utterly untrue. I have never at any time socapted bribes from him or from anyone else. I remem ber the occasion of my visiting the houses in question under warrants which enabled me to pick up and examine the ground floors of the houses. These warrants were given me as plague inspector and I conceived it to be my daty then, as I always have done, not to examine the houses to ascertain if they were built in
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