OPIUM FOUND ON PREMISES

Press, Volume LXXXV, Issue 25934, 14 October 1949, Page 3

OPIUM FOUND ON PREMISES

TWO CHINESE FINED £5O EACH

Two Chinese, Ka-yue Chun, aged 54, and Fong Back, aged 46, pleaded not guilty and gave their evidence through an interpreter, when they appeared before Mr Raymond Ferner, S.M., in the Magistrate's Court yesterday, each being charged that, on October 13, being the occupier of premises at 165 Madras street, he permitted them to be used for the storage or concealment of prepared opium.

Senior-Sergeant J. J. Kearns prosecuted and Mr R. A. Young appeared for both accused.

Sergeant L. R. Blake said that with another sergeant and a constable he went to the house at 1.30 a.m. The two defendants were there and admitted they were the only occupiers. Witness found a small quantity of opium pinned to the underside of a table. Sergeant Donnelly found opium scales in a room occupied by Ka-yue Chun. While he was searching near the table, both defendants became very agitated. He told them he was searching for

opium and they said they had none. To Mr Young the witness said there was no sign of opium having been smoked on the premises. The Defence

Ka-yue Chun, giving evidence, said he used to smoke opium but gave it up two years ago. He did not know opium was concealed on the premises. The house was owned by Sun Lee, who had a laundry in Oxford terrace. Sun Lee kept it as a meeting place for Chinese. Witness did not pay any set rent but when he was working he paid something towards the upkeep. To the Court the witness said any Chinese could go into the house if they wished without payment. If the owner was not there witness sometimes helped to manage the place. It was true the scales v. ere found in the room he occupied.

Fong Back said he had never smoked opium. He had been sleeping at the house for a short time and he never paid rent. He did not know there was opium on the premises until the police found it. He went to the door and opened it to let in the police. Irma Lowe, the interpreter, said the house was used as a centre for Chinese. There were many Chinese in Christchurch on Monday and there were about 100 at the house on Monday night. The Chinese did not ask permission to stay at the house. They just went there and did not need to pay anything.

Mr Young submitted that there was no evidence to show that either defendant was the occupier of the premises or that they knew the opium was there. The Magistrate said he was pre-

oared to bold that the charge had been proved. The minimum penalty was a severe one and the case might have been met by the men being jointly charged. The penalty could then have been divided, but as both had been charged they must both be fined. . . „

The Magistrate asked Senior-Ser geant Kearns if he had any submis sion to make and the renly was “No.

The Magistrate then told Mr Young that he could make application to another Court. The Crown had the prerogative of reducing its own penalties. Each defendant was fined £5O, the minimum prescribed by law.