Having come to this conclusion, it finally remains with me to determine what penalty shall be inflicted on the defendant for his breach. I am informed by counsel for the police that this is in the nature of a test case, and is brought to prevent Chinese licensees permitting gambling on licensed premises. This reasoning docs not seem sound to me, for a decision of this Court cannot be binding on any other Court in Shanghai. It is also clearly state ed by the prosecution that there is no suggestion of dishonesty in the playing of these games, nor was it claimed that they were a mischief of a public nature which must be suppressed in the public interest; the prosecution would find some difficulty in sustaining such a claim with the evidence disclosed of the nature of the games and the small profit occurring to the management. The defendant has stated that in many other places where the show has performed no objections have been raised, and it is known that the Hongkong police authorities did not deem it necessary to meet the views of the police as to alteration or suppression of these games. There is the evidence given as to what happened on August 21, and it cannot be suggested that the conduct of defendant has been unreasonable.
Taking all the above factors into consideration, it seems to me a fine of $1 is an adequate penalty.
Sune Ah-kung, of the coolie class, was haled before the Mixed Court on-Wednesday morn ing on charges of stealing tools from motor-cars parked on the Bund, The Central Police Station has had plain clothes men on the watch at different hours on this apparently thief infested spot and their vigilance was rewarded with the arrest. of Sung, who, they state, entered cars No. $230 and 1252, while they were at rest near the intersection of Kiuki Road on Tuesday about pin. Officers believe they have made an important arrest in view of certain coordination of time which have been noted in connexion with accused. A remand was asked for and Messrs. Martin and Kuan allowed a week for further investigations.
Text read from the printed page and cleaned; old type leaves the occasional error.