CHINESE ON TRIAL.

New Zealand Herald, Volume LXVI, Issue 20255, 15 May 1929, Page 16

CHINESE ON TRIAL.

FALSE PRETENCES CHARGES. DEALINGS WITH COUNTRYMEN. VERDICT OF GUILTY RETURNED. A verdict of guilty was returned by tho jury in the Supreme Court yesterday at the conclusion of tho trial of Albert Hong Duk, Chinese agent and interpieter (Mr. Schramm), on fivo charges of obtaining money totalling £92 12s 6d by falso pretences, and charges of theft of £33 2s 4d. Tho case was opened on Monday and occupied tho whole day. It was alleged by Mr. Hubblo for the Crown that accused took money from his countrymen, promising to secure for them extensions of their permits to land in New Zealand. It was stated accused said he would have to pay money to tho Customs Department, but this was not done. On resuming yesterday Detective Jsalder said that upon receiving complaints from a young Chinese, Sing Soo Young, also known.as Fong, bo told accused it was alleged he had obtained sums totalling about £IOO from Young for the extension of a temporary permit. Accused replied: "I havo been waiting for a warrant to bo issued and then I was going to surrender myself." Accused also admitted that he never had applied for an extension of Young's permit. Ho added that ho had received only £l9 from Young, and of this tho majority was on loan. Allegations of Spite. Witness said when he asked accused if ho understood ho was alleged to have obtained money by falso pretences ho replied: "It is tho spite of the Fongs. There are 30 or 40 Fongs in Auckland and they are going to try to get me in gaol. They have told you lies." Referring to tho other charges accused said he had borrowed money from numerous friends and his affairs were muddled. Accused stated in evidence that he had been employed by a market-gardener, Wai Lee, as a clerk for four years up to last October. In 1925 Wai Lee instructed him to draw up applications for two Chinese who desired temporary permits to land in New Zealand. One was Young, but accused said he had received only £l9 in all from him since he landed. None of this was paid for permit extensions to the Customs Department. Accused said he went to see Young in Mount Eden Gaol after he had been arrested for overstaying his permit. Young was one of the Fongs. Mi - . Schramm: Is there any ill-feeling between you and the Fongs? Witness: There is a lot ot ill-feeling. It is not another Chinese civil war, is it?— Well, I think so. (Laughter.) Money to Take to Eaces. Questioned by Mr. Hubble accused said all the statements about his financial dealings with various persons were misrepresentations of the actual occurrences. The whole case had arisen through tho spite of the Fongs. Mr. Hubble: Is Wai Lee one of the Fongs? Witness: No, but he is connected with them. Were you getting any money for going up to gaol with all these Fongs, your deadly enemies ? No, Charlie Fong is a i'riond of mine, not an enemy. Then what about his evidence against you ?—He told a lie, too. Is Quan Foon tho same as Sing Soo Young ?—1 do not know. Ho used to be Fong Foon. Witness added that Young lent him £9 to go to the races on December 26, but he did not tell him then that a warrant was out for his arrest for overstaying his permit, as he thought then Young was Quan Foon. Mr. Hubble: 1 suppose Sing Young was lying all through his evidence ? Witness: Yes. He made up the whole story. Receipt of £SO Denied. Accused denied that he ever received £SO from Sing Soo Young. H* said Constable Hinton was not present when a certain conversation he was supposed to have heard was detailed by him ; n Court. Mr. Hubble: You do not suggest the constable deliberately manufactured his evidence. Witness: Oh, no. Why did you leave Wai Lee ?—Because of tho Fongs. They were boycotting him because of me. Witness admitted that money had previously been obtained from Chinese, ostensibly to secure permit extensions, and that another Chinese had already received a term of. imprisonment for offences similar to those with which he was changed. Addressing the jury, Mr. Hubble said the case should bo given as careful consideration as would lie accorded a trial in which Europeans were concerned. While in New Zealand the Chinese were under the law of the country, and whereas the alien criminal could be punished under that law, all aliens were entitled to the benefit of our legal practices. The witnesses in the present case could claim the protection of Now Zealand law, just as accused camo under it. After a retirement of 20 minutes the jury found accused guilty on all counts. He was remanded until this morning for sentence.