CHINESE & FLAW IN ACT.

Dominion, Volume 6, Issue 1693, 8 March 1913, Page 4

CHINESE & FLAW IN ACT.

CIGAKETTE SELLING. A peculiar position arose over a ca« which was heard at tlio Magistmte'i ' Court, before Mr. "\Y.\G. Kiddell, S.M.. yesterday. Wong Young Fong, a Chinese fruiterer, was proceeded against by the Inspector of Factories for selling cigarettes a'tet the hour of closing of tobacconists. Mr. Brandon, who appeared for Wong Young Fong, contended that his client could not bo convicted under tlu> section of the Act under which lie was charged. Ho quoted Sub-section (8) of Section 2!> of the Act, under which the Chinese was charged. The sub-section stated:— "It shall not lx* lawful for tlie occupier ot any shop to sell or deliver any tobacco, cigars,, or cigarettes, at any time when the shops of tobacconists in the same district are closed, in pursuance of a requisition made liniier this section." Counsel stated tli.nt ,the sub-section was no- doul't all right, but the ixisition was altered bv Sub-section 5 of the suns seclion, which staled. , ill effect,, that the interpret alien of 41io word "occupier" was that only British subjects (natnral'sea • nr otherwise) would bo affected by Section 8.

Counsel then claimed thai, as his client; was not naturalised. 110 could not bo affected by the section. Evidently (In draughtman had mado a mistake .in tlSs section. ' Instiector Carmody concurred, and stated that the section was evidently ■ a mistake, and needed amending. The Magistrate dismissed the t.ion, and remarked that the Act should bo amended tliis year, so as to place all tho occupiers 011 an even footing.