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THE CHINA MAIL, WEDNESDAY, FEBRUARY 4, 1948.
DESERTION CASE APPEAL "Matter Of Great Importance To Women"
On A Dismissed
Technical Point
Magistrate had refused to state
After short
adjournment..
a case. On the contrary, he didj judgment was delivered in the in fact state a case.
following teama:
The dreision of the Magis "This is an appeal from the tate was rather natonishing in decision of a magistrate by way that he had decided that a man of a case stated, As regards could, merely by changing hlaj auch appeal, the appellant is religion and without any inter- required, under Section 100 of vention of the Curls, divorce the Magistrate's Ordinance of his wife.
1932, to apply in writing within! Dealing with the re-opening 7 days after the determination.
"The authorities are clear on! of the case by the Magistrate.
that it might | the pulni that this is mandatory.) Mr. Losely sald have been in the bounds of pro- The appellant gave notice with-
The case in which Noble Flurscheim was sued by his wife, Mrs. Sithy Balkeeza Flurscheim, for desertion and neglecting to support her- self and three children, was recalled at the Supreme Court yesterday, when an appeal against the decision of Mr. W. A. Blair-Kerr in favour of Noble Flurschelm, was dismissed by the Full Court-Mr. Justice Williamsbability that the Magistrate was in 7 days of Oct. 3, but not with. (Chief Justice) and Mr. Justice Gould (Pulsne Judge).
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torning the matter over in his in 7 days of Sept. 17. mind and that he was rather} "The Magistrale gave his de- troubled and rather anxious to cision on the issue before him on do his atmost to be sure that he Sept. 17, which was under Or
Ladies Suede Shoes in dinance No. 49 of 1935 (Separa. ! was right in the matter.
fion and Maintenaner Ordin Black, Brown or Blue. ance).
The appeal was dismissed on a technical point. In the course of his judgment, with which Mr.
it was not set forth In the Justice Gould concurred. Mr. Justice Williams
case stated the me at which said that the court held, with regret, that it
the Magistrate derided to re- had no jurisdiction to hear the appeal.
view the matter. but the pre. Thr appellant. Mrs. Siby days after the hearing or de Bulkreza Plurschen. was re-termination by Magistrate of sumption was that he came to That derisiom within the right complaint, laformation. presented by Mr. Charles Lose may
period of time and that the mat- by Mr. Lostby Was related by jcharge
proceeding of winch he has power to determittee was not finally determined The Hong Kong Conerl
until Oc. 3. Women whose Chairman, Vice in a summary way, either, party, Chairman and Secretary were thereto og any person aggrieved
thereby who desire to question in Court.
At the Magisterial proceed. ngs, was disclosed that the appellant aut respondent married in Dec. 1942, according!
toni
were
to
other
to
As to whether the Magistrate was within his rights and with. in his powers in going into the important question of domicile, Mr. 1 seby submitted that the Magistrate was right,
The next entry on the record is one dealing within a different Ordinance the Infants Custody Ordinance No. 1935-on Oct. 3 There is nothing in the, record to show he had then re-opened the case determined under Or dinance No. 49 of 1935.
Women's Council
Statement
"Under Section 99 (61 of the Magistrales Ordinance of 1935, the Magistrate has power with- The appeal Was brought in 7 clear days after determina minty in the public interest in tion to re-open a case, In the order that a certain matter of opinion of the Court, that means great importance to the public, he must take some steps within and to women in particular, the period towards re-opening might be judicially determined. the ease, such as notification to 11 would be a great misfortune the parties concerned or making even if the Court reserved con- an entry on the record. siteration of the question of
Mr. Ad Arelmalli appeared by way appeal, any convie for Nobic Plorschem, the res- | fjon, order, determination
other proceeding might make açı ponflent.
plication a Magistrate state a caso, in welitug.
"Out Of Time" The application in the present 1 Muhammedah kaw atul cusase was mnde wat of Ume and granted by the Magistrate, who They lived together up to went farther in his stated case. Jan. 1947, when respundent is s he gave his reasons in para LTD.,leged to have left appellant for and the woman. There were
Section 10D of the Magis-jurisdiction. three children of the marriage uste's Ordinance was manda- Respondent claimed that prior tory. It was quite clear that Le 1942. be was Christian there was no pravision under Snee Mar. 1946, he had, both
Ordinuner whereby any intride and inside the Court, Magistrate could extend the wifemed that he was a Roman time for the making of an ap; Cn.holic.
plication for a stated case,
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Expert evidence was called to support the proposition that where a Mohammedan changes his religium un a non-Moslem one his marriage was thereby, with aut further formality, natifed
Argument
"Irregular"
"In this case, the muglatrate did nothing of this nature with- In the period stipulated. By tak What was wanted was aing evidence of domicile on Oct. judicial determination 18
103, he appears to have had the what was the law in Hong previous matter in mind but he Kong upon this particular point. | had no power at that time ta I was mainly due to the Hong re-open the case (or, in his own Kong Council of Women that words, to extend the proceed. the matter was before the Court-ings) even if he au desired.
Mr. Arcul said that the "For those reasons, the Court: Magistrate was quite clear holds with regret that it has no wara. of the stated ease that jurisdiction to hear the appeal. the application was determined The appeal is there fore dly.} On Sept. 17, but did not attempt missed with costs."
explain the hiatus between Sept. 17 and Oct. 3.
The H. K, Council of Women later issued a statement EX-
AIT Arculi submitted that Magistrates had no power to extend the time, otherwise there would be appeals at any time after the hearing
case. whereby eircumstances had changed. witnesses mad Kotle away and ther
matters of In his judgment, Mr. Blair similar rature had taken place.
IT WHA presumed that the pressing disappointment that Ker held that for the purposes After referring to two au-
Magistrate had come to the appeal was not allowed. of the application before him, thorities in support of his conclusion that nothing could be They are aware, anys
dissolved. tentions. Mr. Areulli said that done unter the Separation and statement, that they are unable the marriage was This meant that the appellant the Crart had no jurisdiction Maintenance Ordinance and that to do anything further to help was no longer a married woman hear the appeal because it had the only remedy left for the this unfortunate woman to ob- An since the parties were no been brought out of time.
chlidren of the appellant was to a further hearing, as the husband and wife, At asked that such appeal be dis under the "Infants Custody Or law stands, but they are Jonger fellowed the Court couly not missed.
dinaney." That was the sole prepared to let the matter rest make
reason why the Magistrale had there.
t
He
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the
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nct
maintenance order Mr. Losby, in his reply, re against the former husband and ferred to Section 99 (6) of the the partzer before him. There "Consultations will be held to
Ordinance therefore Magistrate's the application must
was no reference at all that decide what suitable further nic Dat be discharged.
the Section was there was any question of re-stepa can be taken for the pro- When the Full Court ant yes-curiously worded in that it pro- view of the judgment,
tection of women in any future Mr. Avculi sald that he ap-aimitor cane." terday morning. Mr. Areulh vided that a Magistrale might. said that he wished to bring on his own initiative, review his
peared for the respondent in bring up the preliminary point decision or grant an application the Court below and if he had that the appeat had been im- for a review and that it should been given notice regarding the be lawful for him upon the re-opening of the proceedings, properly brought.
He said
that the application] view, to re-hear the case wholly he would have objected because take, fresh it was irregular and could not for the staled case was made un or in part and to Oct. 8, 1947, three weeks after evidence and to revise, vary or be allowed by the Magistrate, the judgment had been given by confirm his previous decision. the Magistrate on Sept. 17, 1947. The applications www
said that Mr. Loseby
the therefore mut of time.
Under Section 100 of the Magistrate had re-opened the Magistrate's Ordinance, it was matter on his own initiative and where the provided that within seven clear it was not a case
Astonishing
THE HONG KONG JOCKEY CLUB
NOTICE TO MEMBERS
FIRST EXTRA RACE MEETING
Saturday, 7th February, 1948.
The First Bell will be rung at 1.30 p.m. and the first race will be run at 2.00 p.m.
Through numbers (9 Races-$18) may be obtained at the Also Office of the Treasurers 1st floor Exchange Building, tickets for the Special Cash Sweep ($2.00) on the last race.
MEMBERS BADGES AND ENCLOSURE. Members and guests are reminded. that they and ladles MUST wear their badges PROMINENTLY DISPLAYED throughout the Meeting.
thele
Judgment
HENNESSY ROAD ROBBERY
Six robbers, four armed with revolvers and two with daggers, Answering a question by Mr. gained entrance to the ground Justice Williama as to why the floor of 439, Hennessy Roud, al Magistrate had gone into the 4 am. yesterday.
After a thorough search of question of domicile, Mr. Arculli said that he presumed that the the premises for nearly two lafter went into it only to satis-hours the robbers left with fy himself in an academic sense, $1,100 in Jout,
ROTARY FORMED
IN KOWLOON
Yesterday was a red letter day for Hong Kong Rotary when the President announced at its weekly luncheon that a new body had been formed.
Kowloon had initiated a club Rotarlans all the death of of its own, with an initial mem- | Gandhi. bership of 22, and will hold its
meeting at
Owing to the inaugural
preoccupation of other business the recording of Peninsula Hotel on Friday, Feb
Donald McCullough's talk on 6, at 1220 p.m. *
Mr. F. C. Clemo, leading the "Early Days of the Brains organiser and prospective Pre-Trust" had to be called off.
Rotarians were naked to la Badres admitting non-members to the Members Enclosuresident of the new club, yester- and Club Rooms at $10 Including tax are obtaliable through day thanked the Hong Kong ten in to 2BW for a broadcast the Secretary
upon
the written or personal introduction Rotary Club for its sponsorship of the recording. on Wednesday of a Member, such Member to be responsible for all obits and invited all Rotarians to the next, Feb. 11.
Badges admitting to Members Enclosure will NOT be on inaugural meeting.
Only visiting Kotarian yeater- was Joseph Yu from
NO ONE WITHOUT A BADGE WILL BE ADMITTED TO THE MEMBERS' ENCLOSURE
sale at the RACE COURSE.
The Treasurers Compradore Office will close at 11 a.m.
Both and the Secretary's Office at 11.45 am.
Offices at 1st floor, Exchango, Building.
A limited number of tiffins will be obtainable at the Clab House, provided they are order in advance from the No. 1 Boy (Tel. 27818).
NO CHILDREN WILL BE ADMITTED TO THE CLUB'S PREMISES DURING THE MEETING,
PUBLIC ENCLOSURE.
The price of admission to the Public, Enclosure is $3 Including tax for all persons including ladies, and is pay- able at the 'Gate,
District Governor Dr. Li Shu-day
ar un
fan gave some fatherly advice Canton; but there was to the future members of the usually large number, of guests
粥
By Appointment
to H.M. King George VI
James Dochunin A có trên
Scotch Whisky Dutiliers,
YES, AND NATURE TOOK YEARS TO
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SCOTCH WHISKY
SC. E AGENTS:
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TKACHENKO'S
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3, Hankow Road, Gr. & Ist, floor, Kowloon.
new club, who were present at who besides the new members the luncheon yesterday. Hong of the Kowloon Club, Included The ONLY Real Russian Restaurant in the Colony serving the Kong was a proud foster father, Australian Trade Commissioner many famous & delicious Russian Dishes.
al Dr. Li, who had been look- R. Hazzard, Dr. N. Bercovitz
ing forward to this happy everit and Mears, K. C. Cheng; R. J. for the last twɑ years.
( Porter, S. Hawken and Always in stock, a varied assortment of Vodka, Whisky, Wince Two new members
were Erenkel.
Boer and Liqueurs, served with or without food. Inducted into Rotary yesterday. They were Mr. D. L. Davey and Mr. T, Y. Tube.
Bookmakers, Tic Tac men, etc. will not be permitted to operate, within the precincts of The Hong Kong Jockey Club welcome back to Hong during the Race, Blessing.
Refreshments will be obtainable in the Restaurant in the
Public Enclosure.
Building.
SERVANTS PASSKS
IT ONLY
NEEDS
Choy who brought back girl Kong was extended to Rotarian
Ings from the Rotary Clubs of: Passes for Servants will be issued to Private Box holders London Manchester, Bradford,
A PHONE CALL ONLY on application to the Secretary, 1st Floor, Exchange Glasgow, Edinburgh, Paris and
qe 197 | Bruascia. The Hong Kollk] }} Any persons found loitering with Servants" passes in their Rotary flag was presented by
sp possession will, forfelt the same and will be removed from thì him to London,
Edinburghaus, daydir Drøyk, 162, org onclojure.
Brussels and Parla,.and haz brought back the fingere prepared Mattchester and Brussel
32912 on 24354": vote of
BY ORDER,
8. A.HLEAP,.... Actg. Seorniary.
** The” mosling" moved
sympathy 45
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