THE CHINA MAIL, OCTOBER 15, 1940....
ACTION:AGAINST HEADMASTER
Munsang College Trustees' Dispute
SUBMISSIONS THAT the Hon. Dr. S. W. Ts'o was guilty of the gravest of errors and that "he left undone those things which he ought to have done and did those things which he ought not to have done," were made by Mr. Eldon Potter, K.C., before Mr. Justice E. H. Williams and Mr.. Justice J. A. Fraser, in the Appeal Court this morning.
Appearing on behalf of Mr. Rufus Huang, for- mer headmaster of Mun Sang College, Kowloon City, Mr. Lee Siong-po and Mr. Wong Sui-yim, Mr. Potter appealed against an order made by the Chief Justice, Sir Atholl MacGregor, on June 6 that Mr. Huang be dismissed from the Board of Trustees governing the College.
"
JAPANESE
ROB JUNK
HOW THEIR JUNK WAS DE- TAINED BY A JAPANESE MO. TOR-BOAT AND LATER ROB- BED WAS DESCRIBED IN A
REPORT TO THE POLICE LAST NIGHT BY CHEUNG KAM-HO, JUNK NO, T2362H.
STEERSMAN
OF
TRADING
The junk with a crew of seven,
30 bags of beans and 60 bags of salt, left Tai-O for Man King Shan (Chinese Territory) on Oc-
.tober 5.
At midday the following day, four miles west of Lin Tin Island,
The respondents were the Hon. They stopped the fund on which Dr. S. W. Ts'o and Mr. Lee Tsz-p!tinaiff relied to meet payments they were stopped by a Japanese fung, who were represented by on the contract. Not only that motor-boat which had "82" paint- the Hon. Leo D'Almada, junior. but recond defendant refused to led,on its side,
Mr. Potter submitted that Dr. To was guilty of the gravest of errors and of misconduct as a
trustee.
par up the $10,000 promised, un- The junk was towed to a Ja- til later. They obstructed him inpanese warship alongside_which very possible way, even though the night was passed. On October they knew the contract was sign-7 it was towed away by the mq- "He very nearly ruined the, ed.
tor-boat to school." said Mr. Potter.
a trawler, to which The jegal position was that the cargo was transferred. Plaintiff had given 14 years of plaintif made himself respon~ ↑ the best part of his He for the sible for the contract and money
The Japanese sailors then cut school. Without him, the school had to be found. If he found it lowed the junk to return to Hong away the masts and sails and al- could not have existed, and as ahimself because there was 110 Kong. reward he was removed from longer a fund, h's co-trustees the Board of Trustees. "He was were liable to repay him or in- treated in the same category as demnify him. a inenial — a servant."
Defendant was bound in law, The school, continued Mr. Pot-as well as in honour, to put up the fer. was founded in February,' $10,000 and forthwith, not on 1926 and its existence was due completion of the building. In to the generosity of two persons, the late Mr. Au Chak-mun and Mr. Mok Kon-sang.
Sleeping Trustees
A letter written on March 20 by Mr. Mok Kon-sang, to the Director of Education stated that the Council concerned, as any other school council, directed the! policy of the College and admin- istered the finances.
"I base my arguments on ad mitted facts," remarked Mr. Pot- ter, and pointed out that fron the founding of the college until
fact end defendant could be sted, for it was part of the con- |sideration by which plaintiff sign- ed the contract. Case was ad- journed to this afternoon.
AHEAD OF SCHEDULE
OFFICIAL
AIR LOSSES
While official R.A.F. figures shew that 855 British machines have been lost since July 1, with 354 pilots safe, German pro- pagandists are finding some dif- flculty in deciding the particular high figure they themselves shall announce in reply.
broad-
A Deutschlandsender cast in the German home pro- gramme, relying on "well inform- (SPECIAL TO "CHINA MAIL") ed German sources," claims 3,950 In his capacity as chair-British machines destroyed, while simultaneously a German talk man of the United States in Portuguese, giving as its own 1939 the whole management was section of the U.S./Can-Command Communique figures" special source "German High
that the letter to the Director of commission, Mayor Fio-Planeba
Potter said ada permanent defence gives a total of just over 2,000 Education alleged that Mr. Mok
Probably the Germans are con- had been informed that Mr. rello La Guardia discloses fused in their reckoning by the
Jeft to Mr. Huang.
Continuing, Mr.
Huang, headmaster of the Col-that the two-country de- fact that they themselves have ac-.
Jege, had given the
Council a
tually lost 2,612 machines brought
great deal of trouble, that Mr. fence programme is "well down by British fighters. in the Huang had tried to obtain funds and had represented
same period.-British Wireless. ahead of schedule.” himself to
be the sole legal representative of the College.
Building Contract This is a direct attack on Mr. Huang," said Mr. Potter, "Defen- dant has gone off the rails.
"It is admitted that up to the end of 1938 the entire manage- ment and responsibilities, finance or otherwise of the College, was left to Mr. Huang by the Trustees who did nothing. If I may coin a phrase, this is a 'case of sleeping trustees' who slept until the time came when plaintiff kicked them into life."
"Plaintiff dedicated his whole life to the College and kept it going on loans he collected him- self. He was the secretary, trea- surer, the principal, in fact he was the college. The Honorary Tren-
well surer was
described 'honorary treasurer!.”
ឆន
"There was not a single fault found in the books of accounts which were sent to the Council members every year and yet Dr. Ts'o said that that the accounts were in a muddle.
"No decent man can use words, as far as Mr. Huang is concerned, thon ́„those of the : highest praise," gald Mr. Potter. "In 1932 ther were about 250 pupils and 18 teachers, At the end of 1938 there were over 800 pupils and 28 tcachors and dur- ing this period no meeting was held by the Council."
Whole Management
:
It is interesting to note what was plaintiff's position at the end of June. What were his duties as a trustee? Dr. Tɛ'o says that un-. til 1939 he had the confidence of the others And yet in June 30 he states that the confidence was un- wise. He would like to know how plaintiff had failed to carry out his duties as a trustee. On the other hand, he trusted his co- trustees' > signed contract for $20,500 on promises given to him by them.
If plaintiff, did not get the e- tive support of his co-trustees he did not expect any obstruction, but so far from helping him, "second::defendant broke faith by stopping
which subscriptions plaintiff expected.
In a very rare interview. a ready been presented to Washing- former war flier told Internation-ton and Ottawa. al News:--
"We have agreed what must be "I can't reveal all the details, done and some of our desires are but a joint report on the survey already fulfilled."-International and recommendations have al-News Service.
"(THINKS)