The Archive · 1928

Entrance Forced

Witness could not understand what they said ae he did not under stand Chinese. However, the yards were private and accused had-no right to be there. They gained admittance by fore. Accused': families had approached him carlier in the day and had asked him yot to press the ense und they would guarantee that the practice would not be repeated, The foreman testified that the two accused had approached him and told him that they coald net move the coal. They spoke of money but no specific amount was mentioned. No threats were usol and nothing was said as to what would be done if the money were not paid, There was no. violence whatsoever, and nobody was saulted 'A coolie told the Judge that it wis he who had informed his munter. The scoused came and prevented them from moving the coal. He was not prosecuting in the case! he had been asked to come along as witness. He did not know who had brought the cha and. he had not instructed eraployers to prosecute on 5 behalf, Accused were arrested at! the instance of hhis employers, nol The Deputy remarked that, according to Chinese law, the injured party was the. one who should bring the charge and the injured party was the one who had contracted to move the coal. The witnesses in the case should Prosecute and they now stated that they did not wish to do 0, An Employer's Right Mr, Wing contended that it was the Tight of the employer to protect the interests of employees: who, in the course of their duty had been molested. How could the coolies start a proseeation? asked Mr. Wing. It was the company's duty to look after their employees, just as parents looked after and protected their children, who were too young, to protect" themselves and look after their own interests.

Tt would be a very bad day, counsel submitted, for the community if the court ruled otherwise, The Deputy—The Court cannot set aside the law for the convenience of the employer. The' Court's duty is to uphold the law.

Mr, Wing—But the evidence s0 clear.

'Accused were then questioned by Judge Ling and they' both denied {the charge, one of them saying that was afraid to commit such an offence. If he had done anything: of the kind, the Court could punish him severely, After Mr. Wing had asked for the heaviest punishment, the Judge found both accused guilty and sent them to prison for 15 days each.

Text read from the printed page and cleaned; old type leaves the occasional error.

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