Post by nzbc on Mar 20, 2022 12:03:44 GMT 12
PORK ON MENU
CHINESE CHARGED
INSPECTOR IN RESTAURANTS
As a sequel to visits paid to two Chinese restaurants by a rationing inspector, Mr. L. D. Squirrel, and Detective McDonald on April 16, the proprietors of both places appeared on summons before Mr. J. H. Luxford, S.M., in the Police Court to-day. David Chan was charged that, by having in his eating house, the iChungking Cafe De Luxe, Greys Avenue, pork suitable for supply to patrons, he acted with intent to commit a breach of clause 3 of the Sales of Pork Rationing Order, 1943. He was further charged with acquiring rationed goods (pork) from an unknown person or persons, in circumstances in which persons were prohibited from supplying the goods to him."
Similar charges were preferred against William Wong Doo, of the Chinese Tea House, Queen Street.
Sergeant J. L. Adams prosecuted. Mr. Trevor Henry represented David Chan and Mr. J. F. W. thingyson appeared for William Wong Doo. Both defendants pleaded not guilty. Statement Declined Mr. Squirrel gave evidence of visiting both restaurants on April 16. In the Chinese Tea House he saw several pieces of pork in the kitchen. Wong Doo admitted he had not obtained a permit from the Food Controller to acquire pork and said he had not sold any pork for a long while.
When witness produced a menu defendant said he had sold pork as shown on the menu. When asked how he came by the pork defendant declined to make a statement.
Witness said he then visited the Chungking Cafe. While he and Detective McDonald were waiting while the head waitress was telephoning for an interpreter he saw Chan carrying a piece of meat and a European woman hurrying past the verandah, also carrying a piece of meat. "Without waiting any longer we rushed into the kitchen, Detective McDonald detaining the woman," added the inspector. "She was carrying a forequarter of pork. I then chased a Chinese downstairs into the basement and stopped him. He dropped a fore quarter of pork. On going into a dark room off the basement I found another Chinese sitting crouched in a corner holding a leg of pork." (Laughter.) Chan admitted to witness he was the proprietor, but refused to answer any questions, referring witness to Mr. Henry. When witness asked the cook, Willie Hong, why he was running away with the pork, he replied, "The boss say, 'Take pork away, anywhere, quick." (Laughter.) On May 15 when he again went to the cafe he found more pork which had been freshly killed.
Legal Submissions Mr. Henry submitted legal argument that the charges must fail, resting his whole case on the fact that the Sale of Pork Rationing Order was not an emergency regulation but an order under the Foodstuffs Emergency Regulations, 1939. The regulations, he said, did not make it an offence to acquire rationed goods. "Acquisition" was synonymous with "being in possession of," and there had to be proof that the meat was delivered from a slaughterhouse or other slaughtering.,place denned by an Act. The evidence was equally consistent with the pork being killed in a back yard or a farm. "Unless the prosecution shows beyond all reasonable doubt that the meat was acquired from another person, then the charges must fail," said Mr. Henry. After Mr. thingyson had also submitted legal argument and Sergeant Adams had replied to the submissions of both counsel, the magistrate reserved his decision.
paperspast.natlib.govt.nz/newspapers/AS19450622.2.87?items_per_page=10&page=5&query=chinese+cafe&snippet=true
AUCKLAND STAR, VOLUME LXXVI, ISSUE 146, 22 JUNE 1945