An emphatic protest was lodged by Mr. G. A. Herbert, British Vieemosul and Senior Consul's Deputy, in the Shanghai Provisional Court against a decision handed down by Judge Wong in the case of a man Who was charged with burglary. Accused was sentenced to three months imprisonment but this was ordered to be suspended for two years, Suspended sentences are! usually imposed on first offenders. Court Inspr. Mills pointed out tha! accused had twice been convicted in the former International Mixed Court so he was not a first offender Lut the Judge did not agree. Mr. Herbert, who was sitting "with Judge Wong, entered a protest and Court Inspr. Mills gave notice of appeal against the decision on behalf of the police, The'text of Mr. Herbert's protest follows:
The cused, Zung Tze-bane, entered the complainant's house by, the back door about 6 p.m. on December 30 and proceeded upstairs he was caught red-handed in the act of breaking and entering the complain upstairs room. when apprehended, had in his" possession a set of, skeleton ays, " torch, and a. pair The accused has committed burglary and was rightly charged under Article 338 section one of the Criminal Code the translation of which reads:—
"Whoever, with intent to ates, by night breaks into any: dwelling house commits theft and. shall tha thought fit to pass sentence of three months im-Prisonment suspended for two years. I emphatically protest] against this sentence. In the first place, the accused has committed burglary and the minimum sentence which can be passed is one year's imprisonment, In the second place, it is beyond my comprehension how the learned Judge can deem a suspended sentence adequate where the accused has already served two terms of imprisonment both for! Inreeny, one of one week and the other of two years. Suspended sentences in this country as in all other civilized countries, a tended for the first offender wi has committed, under extenuating circumstances, some offence which' fs not too grave to allow of his remaining at large.
Text read from the printed page and cleaned; old type leaves the occasional error.