Herbert Ling, an unrecognized British subject, was again before the Provisional Court on November 28, on remand, charged with ting gambling on his premises with a roulette wheel and with permitting non-members to visit the club for which he was licence.
The cave was heard by Judge Chen and Mr. C. E. Whitamore, Senior Consut's Deputy, and counsel appearing in the case were Mr. R. T. Bryan, Jr., Prosecuting Solicitor, for the Pulice; Mr. ET. Maitland Mr. Chang Chow-oe for the ice: and Mr. T. ¥. Van for the, Yui Chi Land & Eetate Ca, iand-Jordy of the premises, who' were bringing a private' prosecution ayainst accused for permitting the Premises to be used for gambling.
Mr. Bryan having outlined the charges, Mr. Maitland said that he would like "the Court to give a. ruling om the question that the law provided for no offence for a. Inreaeh of the licence conditions. It ite clear that the only offence the by-law was that of licence and if the defen could get rid of petty trumpery and the attempts to annoy defendant, then they could get on properly: with the case. It was obvious under the by-law that a breach of the licence conditions could not constitute an offence and if one looked at the licence conditions he would find that they were unreasonable and ultra vires, The condi-ions were that non-members could not be admitted and that meant. that a member could not bring his fiancee or a friend to the club. Tf any suember of the Shanghai Club for the Country Club was told that he was not chowed to take nonmembers into the club, he would not stand it,
Text read from the printed page and cleaned; old type leaves the occasional error.