Public Prosecutor v Lung Yim [1940] VUNHJC 2; Criminal 664 (23 February 1940)

Judgment No 664

IN THE JOINT COURT OF THE NEW HEBRIDES

Criminal (Summary) Jurisdiction

JUDGMENT

This is a charge brought by Ernest Goldfinch Seagoe, Public Prosecutor ad hoc, against Lung Yim, Chinese, British ressortissant, for that he did on the 3rd day of December 1939, at Tanna in the New Hebrides, supply alcoholic liquor to the natives Nemanian, Lofman, Silas and Jess, contrary to the provisions of Article 59 of the Anglo-French Protocol, 1914.

The accused appears in person and pleads guilty to the charge.

Mr Seagoe, the Public Prosecutor ad hoc, states that the prosecution is based on the provisions of Article 60, paragraphs 1 and 2, and Article 21, paragraph 9 of the Anglo-French Protocol 1914. He informs the Court that the official report has been filed in Court, and that a copy has been handed to the accused. In view of the fact that, under the provisions of Article 60, paragraph 2, and Article 21, paragraph 9, of the Anglo-French Protocol 1914, the official report is prima facie evidence of the facts stated therein, Mr Seagoe informs the Court that he calls no wit-nesses, and that he rests his case on the prima facie evidence of the official report.

The Court accepts the official report as evidence, to the extent put forward by the Public Prosecutor ad hoc, and accordingly does not require to hear witnesses.

The accused asks for clemency, as he is a new arrival and did not know the law.

The accused is sentenced to pay a fine of £5 ,and, in default of payment, within the period laid down by Article 14, paragraph 5 of the Anglo-French Protocol 1914, namely, two months, the accused is ordered to be imprisoned for 15 days.

Dated at Vila, New Hebrides, this twenty-third day of February, 1940.

French Judge
Brtish Judge
Assessor
Acting Registrar