THE HONGKONG DAILY PRESS.
IMPORTANGANJ ZAVION 8-Both at the time when-Ho Wa Sang
CHINESE LAW INVOLVED.
INTERESTING CARE IN THE SUPREME';
COURT.
There was started, yesterday, in "the Supreme Court the bearing of an importi ant and interesting civil action which har been pending since 1913, in which it is be lieved several lakhs of dollars are involved. A Chinese woman named Eo Chong Shi claimed, as administratrix of the estatà of ong Ho Wo Lam, from Ho Ngok Lau,
·for an account of the decossed's share în the Wat Kee firm in Hongkong, on behall of Ho Shan Yan, a fad 15 years old, who was adopted in infancy by Ho Wo Lain.
Mr. Eldon Potter and Mfr. F. C. Jenkin, instructed by Mr. M. W. To, appeared for the plaintiff, and the Hon. Mr. E. H. Sharp, K.O., and Mr. C. G. Alabaster, instructed by Memes, Wilkinson, and Grist, appeared for the defendant.
Mr. Potter, in opening the 'cane on be- half of the plaintiff, read the statement of | claim, as follows:-
Da
It's
1. The plaintiff in the widow and ad- "ministratix of Ho Wo Lam, alias Hò Wan Ping decessed, who died at Victoria, Hongkong,
about October 13th, 1897. The plaintiff re sides at No. 18, Queen Victoria Street, Victoria, Hongkong.
-The defendant resides at No. 2A, Park Road, Victoria, aforesaid, and carries on the business of theatrical proprietor.
3-In or about the year 1979 one Ho Wa
Bang, alias Ho Tian Lam started a .theatrical business in Hongkong
under the name of the Wih Kes ärm and in Canton under the name of the Fo Choong.
L--Ho Wo Lam, deceased, and the de- fendant were subsequently admitted as partners in the said business each having a caeeighth share.
Eo Wo Lam, deceased, managed the Wah Kee arm until his death. ia 1897.
was the sole owner of the business and subsequently when it became a family partnership the office at Canton in China was and is the bead office. The Wah Keo was not a dif ferent arm, but was. the name given to the Hongkong Branch of the business. Such investments as have been made have been effected with the assets of the whole business, bunga
9-A general account of the whole bust ness was rendered at the head office in Canton (where alone by virtue of the matters aforesaid and by virtue of the said partnership agreement it should be rendered) in the year 1904: 10.-The plaintiff's claims are also barred
by statute, lapse of time, and laches, Mr. Potter said that the reply to this amendment defence was as follows:-
1The plaintiff joins with the defend.
ant un paragraphs 1,9, 5, 6, 7, 8, 9 and 10 of his amended defence. 2-And in further answer to paragraph 7 thereof the plaintif says that the defendant ought not to be admitted to raise the plen set out in such paragraph, because in Action No. 3 of 1913 in Probate. Jurisdiction (in which the present defendant was plaintiff and the present plaintiff was defendant) the present defend- art claimed to have the letters of
Į
granted to
CORRESPONDENCE.
GRANTS
OF GOVERNMENT LOANS FOR BUILDING.
"[TO THE EDITOR OF 'THE KONULONG-
DAILY PRESS
THUBSUAY, APRIL 22ND, 1920.
SPORT.
TENNIS,
HONGKONG C.C. TOURNAMENT,
O. Rumjahn went into the semi-final of the open singles yesterday when he defeat-
L. Forster, 64, 7-5, 4-6, 6-1, after a close game. Rumjaho will now meet Townsend
Six-It would give me the greatest possible regret if anything which I either said or left unsaid at the recent meeting of the Constitutional Reform Association seemed to deprive the present Colonia The winner will go into the semi-final, To-day M. W. La meets J. B. Periman. Secretary, the Honourable Mr. A. G. Mhere be will be opposed to Redmond. Fletcher, of even the smallest share of the enormous credit which is due to bim for having presed forward the subject of Brants of Government Loans for Build- ing.
Mr. Fletcher has been hard at work on the above subject for soma considerable time past and was undoubtedly in the. field before the aboves Association.-Yours faithfully,
H. E. POLLOCK Hongkong, April 21st.
FINED."
administration which had been EUROPEAN GAOL WARDER
the present plaintif revoked ned declared null and void on the same ground. inter alid; as that, set out in paragraph 7 of the amended
· statement of defence.. Judgment in the said Probate Action was entered against the pre sent defendant, and the said judg ment still remains in full force.
ABSENT FROM DUTY,
William Dobbinson, a European Warder of the Victoris Gaol, was charged at the Magistracy, yesterday, with Canlawfully absenting himself from duty on April
• 15ch.
As we predicted, R. Hancock and J. ‚6. Jennings have scratched from the open doubles, giving J. Stalker and E. Abra- ณ walk-over. The latter paid will now meet Yvanovich and Marques.
ham
BASKET BALI...
FINAL WON BY AMERICAN AC.
The final game of the series of games in the Hongkong Basket Ball League was played last evening by the American A.C. and the University "B," the University's first team, resulting in a win for the Former by the score of 85 to 19. At half time it was only 29 to 12. The Varsity players were evidently exhausted during the last half. Routh, captain of the" American team, scored 49 points for his team, and Sling," "captain of the University team, scored all the points to the credit of his team. The game was played in the Chiness YMCA. Bymnasium.
The final standing of the teams in the
3-The plaintiff will object. in further answer to paragraph 7 of the amend- ed defence (1) that lotters of ad- ministration were granted to her on
Dobbinson was on twelve months' pro- January 22nd, 1913. by the Supreme bation having been engaged locally Ho Court sitting in Probate Jurisdic tion, (2) that the Supreme Court pleaded guilty to "the charge:" sitting in Original Jurisdiction has The Hon. Mr. E. D. C. Wolfe, Captain-League are as follows no jurisdiction to adjudicate on the Superintendent of Police, prosecuted, and title of the plaintiff to administer the estate of the deceased. (3) that effect said that Dobbinson was engaged locally cannot be given to the defendant's on. February 3rd. He did not wish to plen in such paragraph 7 except by
-Since the death of Ho Wo Lam, the management of the said business of the Wah Kes and Fo Cheong has been in the hands of the defendant. During hia management the defendant "ac- Mr. Potter, continuing, said that certain quired certain lommehold properties facts were admitted that the plaintiff is
't
+
revocation of the letters of adminis press the charge to any extent but merely tration, and (4) that the revocation wished to point out that some penalty of letters of administration is within should be imposed for the offence. Dobbin the exclusive jurisdiction of the son had been absent for five days and the Supreme Court sitting in Probate Jurisdiction.
giol officers and the Folice were put to considerable trouble to locate him. defendant would no doubt be dealt with and basincs, with the assets of the the administratix, anid Wah Koo.
that the deceased departmentally he did not press for a T-In or about the month of July, 190s, managed the firm of Wah Kee til his heavy penalty.
one Ho Chiu Lam, another partner death in 1887, that Ho Shag Yan is the in the busines, retired "therefrom.
adopted son and heir of the deceased. The In or about November, 1902, one Ho defence said Mr Potter, made a state Shau Yao,an frilanty was postment which he entirely refuted that the humously adopted as the son and hair of Ho Wo Lam, deceased. The maid Wah Ker, was only a branch of a firm, Ho Shan Yan in now is years of age the bead office of which was in Canton, or thereabouts, Mr Potter further said that on August Since the death of Ho Wo Lam, the defendant his rendered no account of 20th, 1913, the defendant applied that the plaintiff's claim so far as it applied to
the sharu of the said deceased's share in the busines
14-The plaintiff claims from the defend
ant
1.-An account of the share of Ho Wo
Lam is the business. Payment of the amounts duo 3.-Costs of action!
Mr. Smith (to defendant): Were you in the force before you joined the Prison Department?"
Defendant: Yes
Mr. Smith: You must realise that when. you are in Government Service you cannot absent yourself from duty when you like.
Defendant: I am quite aware of it the Po Chang firm was out of the juris. During the time I was in France I diction of the Court, In accordance with was badly gassed and suffered from shell- that request, the Fa Chung firm had been shock. struck out. The only claim now was for glass or two of whisky it goes to my bead
The result is that if I have
an account of the Wah Kee firm. It was and I do not know what I am doing. important to note tha defence had not Mr. Smith fined defendant $25, with 4.-Further and other relief.
stated that the. Wah Kee firm was athe alternative of a month's hard labour Mr. Potter said that the original state-
Canton firm; it was significant that ment of defence had been amended in an earlier in the proceedings the defendant, important detail. It now read as follow: wanted a Canton firm struck out. The THE BOWEN ROAD FOBBERY
The defendant says that the plain
first isana, said Mr. Potter, which the tiff ought not to be admitted to claim Court had to decide, was that raised in as administratrix of the estate of Ho paragraph 5 of the amended defence Wo Lam, aliar, Ho Wan Ping, de that the Wah Kec frm was only a branch tion Action No. 3 of 1913, in which of a business in Canton. The issue to be the defendant was plaintiff and the decided was: Where was the business of plaintiff was defendant, it was held the Wah Kee carried on? The plaintiff and decided that upon the death,
ceased, because. in Probate Jurisdic
MAN COMMITTED FOR TRIAL
tracy, yesterday, in the case in which The hearing was concluded at the Magis
a Chinese was charged with committing
a highway robbery in Boven Road.
*
The facts of the incident were to the
fashion-
American A.D. (winners
of the Shield) South China A.C. U.S.S. Helena University "B" Chinese Y.M.C.A. Queen's Red I.B.C..
University "A"!". Queen's. White
18 points.
14
B
B
6
(Withdrawn).
RETURNED BANISHEE
COMMITS BURGLARY. :
16 ARRESTED ON ROOF OF BUILDING.
Chinese were charged with attempting to At the Magistracy, yesterday, two,
commit a burglary at 936, Queen's Road.
One man was also charged with returning from banishment before, the expiry of bis period.
Defendants admitted being on 'n roof,
Complainant stated that early yesterday but said it was not complainant's.
morning he was in his bouse when he heard someone trying to remove the sky-light on the roof. He looked up and seeing a figure, immediately went outside and blew bis whistle. Two policemen came up and, going on to the roof, arrested the men.
Mr. Smith sentenced one man to lix hard labour and the banishes to twelve months' hard labour,
DR. BARNARDO'S HOMES. Donations already acknow
lodged Pat and Shield Jean and Gray
Kitty and Bessie Blair H. F. 8.
on the 13th October, 1997, of the submitted that the business was carried on effect that two Chinese women, deceased, the whole of his property in Hongkong and was a Hongkong busi-ably-attired and wearing a large quantity passed to one Ho Ng Shi, who wok it beneficially, and that is remainedess, and, if this was wo, the plaintiff, as of jewellery, were walking along Bowen vested in her until 1909, when it administratrix, was entitled to the account Road, when, they were set upon by AE. B. passed to an adopted son, who took she asked for Mr. Potter then quoted number of men, who, after terrifying them, the property as it stood in 1002, and authorities in support of his contention stole their jewellery. When the men were Anon, Anon: that there is now no estate of the that they were only concerned, in such leaving the women called "out
·Anon, deceased outstanding anywhere. Sa Judgment in Probate Jurisdiction
Save Miss Inness cases as that now before them, with the life! Two temple, attepdants beard the Mise Filkins Mrs. Bachse Action No. 3 of 1913 was entered in place where the business was actually cries and rushed to the assistance of the Mrs. Sleigh accordance with the said decision and carried on. If a business was actually victims. They met the robbers on the way Little Emma the said judgment, still remains in carried on in England, it was an English and engaged in a struggle, resulting in Mrs. Dowbiggin
F. Tobie full force."4 The deceased "loft surviving him a
business, if carried on în India, it was an the rescuers being stabbed. widow, the said Ho Ng Shi, and the Indian business.
There being Mrs. Gander plaintiff, a concubine....
no proof that defendant had stabbed the AW
Mr. Noble
discussing the important point that the robbery.
Mr. Potter spent the whole morning men, he was only charged with the
The deceased was a Chiness of the Siu Lam village in the Province of Wah Kee frm of Hongkong and the Po Kwangtung in the Empire (now, since
After hearing the evidence the Magis
his death, a Republic) of China: He Cheong firm of Canton, were two distinct trate committed defendant to stand his died intestata a domiciled Chinese on businesses, and that the Wah Kee firm was trials as the next Criminal Bessions. or about 13th October, 1697. -
-Upon the death of the deceased his
property passed by the Law of China
to his widow, Ng Ho Shi, who took it days or thereabouts, as expert Chinese
benencially, and it remained vested in witnesses are to be heard.
her until 1902, when it passed to an
adopted son, who took the property
as it stood in 1902 and there is, no
estate, and never has been any estate,
of the deceased outstanding any where.
not a branch at all.
F
The hearing will occupy the next ten
BURGLAR IMPRISONED.
20 TRYING THE LOCKS OF HOUSES
Early yesterday morning,
Bergeant Shaftain of the Wanchai Police
The Italian airship M1 has been hondes patrolling the district when he
NEW ITALIAN AIRSHIP..
Upon the death of the deccased his over to the Ministry of Transport for man who was at work operatin property, passed as, aforesaid, accord-commercial purposes. A cabin to hold lock of a certain house. He
forty passengers
£39 12.0 $686.00
10.00
10.00
5.00
1.001
1.00
5.00
1:00
3:00
10.00
25.00
$5.00
10.00
5.00
3.00
40.00
5,00
$5.00
10.00
$30 12.0 $882.00
Proceeds of Sale of Work
484.64.
$1,320.04
A draft and cheques have, been sent to Dr. Barnardo's Homes for this amount and also a box of clothing."
A SCOTTISH GOLEER'S CALAMITY.
Out at a golf club in Winchester County, New York, a group of footchmen are wont to foregather and play & foursome every rised afternoon & Scotchman incidentally tells. on the tha story. One of them, such an lavete
ten days. His friends stew apprehensive. sted him rate devotes that he had not missed a day.
binally one of the fog met him on the in years, suddenly, absented himself for t
street downtown, worde
Have you been ill, Hact" be asked, The boys are quite worried.
de
the customs and usages of hazi Squadron of the Talian Air Bervice and found a chisel in his possession. The
is being fitted. The Beng Chinese people touching the distri had experimental mull-carrying was charged at the Magistracy bution of the personal estate of fight with two Farman machines from persons dying intertate."
120 kilometers & regular service is to be felony. He stated that he was a fitter, st Benghazi to El Merg, a distance of about
yesterday, with tempting to commit, instituted in a short time An unders carriage which, it is claimed, enable one of the dockyards and, was on his way machines, to take off and land with equal to facility on either land or
work when arrested. This was found been batented by af Italian #7 Ciclo (Rome).
- Chinese law and custom, the plain
tiff is not entitled to administer the estate of the deceased; the control and management of such estate is, in the circumstances of the case, in the hande of the nearest made relatives of the deceased.
He received a negative headakake for an
answer
It can't be that you have been offend
vator, has to be untrus and he was fined $60, with ed oy lost interest in the game 1
No, Mae replied with finality, I've lost me balliAM
the alternative of a month's hard labour
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Just received from U.S.A., a new shipment of Typewriters- different models.
108
Inspection cordially invited by-
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