The Factories and Shops Act.

Hastings Standard, Issue 399, 14 August 1897, Page 4

The Factories and Shops Act.

A NOVEL OBJECTION. At the Pr=ihian Court recently, before the Mayor (Councillor Luxton) and Messrs Lane, Gooch, and Clougb, J's.P., Sam Yick was charged under section 23 of the Act with working after the hours prescribed by the Act. Mr Seton Wiliiams prosecuted, and Mr M'lnerney defended. The case was proved by Constables Thomas and Murray, who saw defendant working at 1 a.m. ironing shirts. He put the light out when the police entered, but afterwards resumed work. Mr M'lnerney raised the objection that the Crown had failed to prove the man was a Chinese, and he produced his naturalisation paper, arguing that he could not be prosecuted under the section, which said " he being a Chinese person," as he was now a British subject, or his naturalisation was a farce. Defendant was put in the box, and in answer to Mr Williams, who asked him if he was an Irishman, smartly replied, " No, me a Britisher." He said his name was Ah Kew, but he traded as Sam Yick. A majority of the Bench decided to dismiss the case, when Mr Williams asked them to adjourn it for a week in order te get an authoritative opinion, as it virtually meant the suspension of the Act, as all Chinese who held naturalisation papers could now go on working, and it was a matter of grave moment to the department. Mr M'lnerney said it was bordering on impudence for Mr Williams to ask the Court to alter its decision. He asked for costs. A sum of 31s 6d was allowed as costs against the department.