His Honour said he did not think it was possible for him fo convict on the first charge under the Order in Counci], which was confined to the import or export of opium. Nor would be able to convict on the fourth charge, under the Inland Revenue Act. Clause 12 of that Act made it an offence for any person not being an inland revenue officer to assume the name designation and character of such officer for any unlawful purpose. Clause 39 made it clear that for the purposes of the act an "officer" meant an officer of tthe. Inland Reve' An Act of Parliament which imposed penalties must be interpreted—strictly, and he felt it impossible to_ hold that an officer of the Chinese Customs should be deemed to he an officer under this Act.
"T cannot avoid being perfectly satisfied," his Honour continued, "with the story told by Mr. Fulker and his witnesses. It: is impossible for me to believe that it is a trumped up story. If had thought there was any doubt I should have left the matter for decision by a jury. But 1 feel certain, and J feel justified in being certain, that a jury could come to no other conclusion than that tha story placed before me' by the Customs is one which I ought to believe, and which I do believes"
Having decided to convict on four charges, his Honour asked if Mr. Wing had anything to say on behalf of the accused in mitigation of sentence.
Counsel for the defence thereupon pointed out that accused had been in the service for 13} years, and obtained a fairly senior position which he would now lose; also that he was a married man with five small children.
His Hononr—What about his pension? Does he lose that.
Mr. Wing—Yes, everything is lost. Defendant is 42, and would have qualified for his pension at In answer to his Honour, Mr. Master said that, up to the time of his suspension, the conduct of accused in the Customs service might he described as good.
Text read from the printed page and cleaned; old type leaves the occasional error.