Public Prosecutor v Hai [1912] VUNHJC 11; Criminal 49 (10 May 1912)

Nº. 49

THE PUBLIC PROSECUTOR
PLAINTIFF

v

HAI alias JOSEPH, Tonkinese in the service of M. Agez at Havannah Harbour
DEFENDANT

HEARING. The 10th May 1912.

CHARGED WITH having committed a breach of Article LIX of the Convention of 1906.

JUDGMENTS

The year onr thousand nine hundred and twelve, and the tenth day of May, at nine o'clock A.M., the Joint Court composed of the Count of Buena Esperanza, President; G. G. Alexander, British Judge. & J. Colonna French Judge.

In the presence of C. W. M.Beugel, Public Prosecutor; M. Coursin, Registrar, holding the pen,

Sitting police Cases pronounced the following judgments:-

THE COURT

After having heard the reading of the documents in the file of the case, and after having heard the evidence of the witness, Georges Rolland, who had been duly sworn;

WHEREAS, from the report drawn up by Captain Harrowell on the 25th March 1912, and from the trial and the different documents produced, it follows that the Tonkinese Hai alias Joseph has, on the 24th March 1912, sold wine to the Santo native Ahririp; which is a breach of Article LIX of the Convention and is punishable by Article LXI of the same Convention, the text of which Articles is as follows:-

Art. LIX. (1)"...... no person shall, in the New Hebrides sell or supply intoxicating liquors to the natives, in any form and on any pretext whatsoever."

Art. LXI. (1) "Any breach by non-natives of Articles 57, 59 and 60 shall be punishable by a fine of from 4/- to £20 ........."

AND WHEREAS the said Hai alias Joseph has already been convicted for the same offence on the 21st April 1911, there is occasion to take this into account in the present judgment.

Therefore sentences HAI alias JOSEPH to a fine of four pounds (£4). The costs of the prosecution to be at the charge of the said HAI alias JOSEPH.

President
British Judge
French Judge
Acting Registrar