Page
:
SUMMARY COURT.
(BKWORE, THR, PUIŠNÉ JUDOR (N), JUSTICa (GOMPERTZ).]
:PARTNERSHIP DENIED. «QUESTION OF LIABILITY FOR $1,000 DEBT.
The: Fuk-Shing" Lee Firm asked for a eclaration that Lam Ping Nam was partner in the firm of Meo, Sang Soap Factory Company, now in liquidation.
Mr. H. B. Fitzroy, who appeared for plaintiffs, said that the action was over goods sold and delivered. A summons was served against the Mee Sang Firm and judgment was obtained on August 9th, but when it came to levy execution it. was found that the firm had closed its doors and gone out of business. He found out that Chan Chi Ling, Chu Oi Kwong and Lau Ping Nam were partners in the firm. Plaintiffs asked for leave to execute judgment against then. Two of the partners were served, but they failed to serve the third man
Mr. Fitzroy said that he would submit the partnership book and also the deposit book, and from these it was evident that Lau took up a certain portion of the capital. In the partnership books issued to the partners themselves only Tong nates were useo, but in the book which was kept on the premises the men's pro- per names were given. This book he
would submit to the Court.
This book, stated that
to tind cut their true names in
shall not be allowed."
THE HONGKONG DAILY PRESS. WEDNESDAY, NOVEMBER 26TH, 1924
A CHINESE. WIDOW'S
RIGHTS.
INTERESTING "PROBATE CASE
EXPERTS FROM THE NORTH.
YESTERDAY'S WEDDINGS;
MILLETT-HAZELAND.
སྐ
Two very pretty weddings took plzes, yesterday afternoon at St. John's Cathe- dral, which had been specially" decorated
for the occasion.
CORRESPONDENCE.
REPLIES TO" "LOYALIST.”
1...
war
HONGKONG
effusion can be
TO THE EDITOR OF THE
DAILY. PERSS."] The case in which Chan Shun Che, the
SIE,-"Loyalist's ": " widow of a Chinese doctor, applied for letters of administration, according to
The Rev. R. H. Copley Moyle, assisted likened unto the labour of the mountain. the Chinese law and custom, was resumed by the Rev. T. B. Powell, officiated at after three long days of effort the best the wedding of Miss Nina Hazeland, he could produce was a mouse. In his in the Probate Court yesterday morning daughter of Mr. and Mrs. F. M. Haze vicious letter he betrays a lamentable bafors, the Chief Justics (Sir Henry and, of Queen's Gardens, and Mr. H. G. ignorance of recent local history. While Gollan). Her father-in-law, Chak Hok Ting, had catered a cavcut.
Millets of the Asiatic Petroleum Co., be forgets that many so-called "loyal Plaintiff was represented by Mfr. F. O. son of Mrs. Millett and the late Capt. ists were growing comparatively affluent Jankin, and Mr. Eldon Potter, K.C... E. Millett, Royal Navy. The bride, through profits, at least one, appeared for the father-in-law-
who was given away by her father, wore proud to rejoice in the obscure "anti- When the action was opened on Novena beautiful gown of satin marocain cat in British" name of Braga, was among the ber 12th, Mr. Potter argued that the straight alim lines. This had a godet effect Brat to join up from Hongkong and left Chinese laws that operated in Hongkong at the foot with a deep band of white for "somewhere in France." Another in 1843 had been preserved, and that the foxaline The gown was hand-embroider Braga enlisted in a Hongkong contingent. rights of succession had not been intered in panels of crystal and pearl beads and served at the front as soon as he ferud with. All that the widow was and caught at the back with a tiny sash could be released from the Colony. Yet entitled to was maintenance, and it she finished with crystal tassels. The train a third member of the same family, re-married she would forfeit that. de- was exquisite, being embroidered to though in poor health, had the honour cording to Chinese law the father-in-law match the gown, bordered with the same to jour up to England and served the was the guardian of his deceased son's fur and lined the palest shell pink, British fag, throughout the period of the child and was the person who should be caught in one corner with silver trellis war. If this record of a single "anti- entrusted with the administration of the ribbon and orange-blossom.
British Portuguese family in Hongkong estate.
Mr. Jenkia in opening the case for the widow, said he had four witnesses, all experts on Chinose law and custom.
The first was Mr. Chan Tar Ming.
Senior, Advocate of the High Court of judicature in the Kwangtung Province In effect," said Mr. Jenkin, he is the counterpart of Mr. Eldon Potter in Hongkong." compliment).
(Mr. Potter bowed to the
a
"The total share capital was $7,000, and as it is feared, because of the nantes adopted, that it will be difficult the future when they will be required for bolding a consultation over certain matters, it has been jointly decided that the true names must be marked under the Tong names. By so doing sweet-
A second witness. Mr. Jenkin said, Dess and bitterness may be equally would give evidence as to the decisions shared and an excuse for exemption in the Supreme Court of Peking, and The Tang naine of Lau as given as third, Mr. Tam, was some years ago inter Liung Shi, and Mr. Fitzroy suggested that preter to Mr. Brewia, the then Secretary this was the name of the man's wife. of Chinese Affairs. The fourth was a The plaintiff bad supplied the defendant native of the Tungkoon district. Company with fat for the making of soap, and this fat was supplied from July, 1920, would say that the law in China, in re up to the time they went into liquidation. ference to the matter in dispute, was the Kwong Ki, managing partner in the same all over the country. It might be plaintiff Erm, said that Lau Ping Namaid that in some villages the universal guaranteed the debt.
custom was not strictly followed, through ignorance, but, in the Courts of those villages Chinese law and custom was in operation.
Mr. Alabaster (defending): What steps have been taber either to have Lau arrested or scize his property -None.
Mr. Alabaster: Judgment was for $1.000, which was exactly the price of the lard or lat
Mr. Fitzroy: No, there was an aban- donment of something like $23.
Mr. Alabaster: Oh, there was a thea Arical abandonment.
Continuing, witness said that he had not sued Chu Lit Kwong, one of the partners, because he was a friend of his, and although he had got judgment against
Lau he bad, not attempted to execute it.
Mr. Alabaster asked if it was not extra- ordinary that, having got judgment against the firm, witness should get several of the partpers to come to Court and give evidence against someone who "denied partnership. Witness replied that Lau told him he would be responsible for the debt.
COLLUSIVE ACTION SUGGESTED.
Mr. Alabaster suggested that the action was collusive. He could not prove whe ther the fat was supplied or not because Lau was not a partner in the firm. In his opinion it was a criminal conspiracy to get $1,000 cut of Lau.
Mr. Fitzroy (to witness): My friend has stated that this is a criminal conspiracy to extort money from Lau Ping Nam
Is there any truth in that!
Al
门
In the case of a man with property, whether ancestral or not. (whether on his death there was a son or not) the man- agement of that property went to the; widow, When the sun became of age the property was handed over to him, or the widow retained her rights according to her will. Her only obligation was that she must provide him with an education befitting his position in life.
MOTHER'S RIGHTS ABSOLUTE. One of his witnesses would give per zonal evidence of this latter claim, for, although this gentleman was advanced in years, he had not come into his father's property because his mother was alive. The mother's rights were absolute in regard to the guardianship of the son, and during his niinority the mother's powers with regard to the disposal of the property were absolute, so long they were in accordance with the pur poses consistent with her management and guardianship. These
were his grounds for making the application.
His Lordship: You say that a Chinese widow has more powers vested in her than an English widow.
The bride's veil was of old Honiton does not meet the exigent demands of lace, kindly lent by Mis Armstrong. She your arm-chair "Loyalist," let him read carried a bouquet of white roses and the Roll of Honour erected to the glory white Honolulu crooper..
of God and in memory of the men of Missos Reta Hazeland, Joyce Harris Hongkong who fell in the Great War," Walker and Noreen Cooper, the brides within the precincts of the Cathedral, the maids, wore, charming georgette gowns members of whose Governing Body are of hydrangea shades with coronets of honourably free from the narrowness "' Bowers to match and carried bouquets off of your "Loyalist." There be will and mauve and pink chrysanthemums. Mrs that a Hoogkong Portuguces boy, Fran- Hazeland (the bride's mother) wore a cisco Maris Soares-a member of that beautiful gown of black georgette with community that has proven itself so black lace insertions over a soft shade of "notoriously anti-British "—laid" down rose tissue. This was trimmed with hand his life for "Loyalist's" King and Coun- made roses wide scarf of black lace try, while Loyalist" survives to indulge and georgette to match completed a per- in mud-slinging and is defuming the feet toilette.
honoured name of the glorious dead! Nor is the list of the Portuguese who joined up from Hongkong wholly exhaust- ed by the enumeration above givea. What about the brothers Hyndman, Forge and Alves? And how about the services
Mr. D. G. Bruce, of the Axintic Petroleum Co., was best man and Lieut. Drage, RN., groomsman.
A reception followed at the Hongkong Hotel Roof Garden. The honeymoon will be spent at Fanling.
The bride's going away dress was of belge marocain and lace with lace cape and Russian toque of duvetyn embroider ed in tones of dull blue and red.
BEATTIE-FRÓW.
12
The Rev. B: E. Copley Moyle also officiated at the wedding of Mise, Amelia Frances Frow, daughter of Mr. and Mrs. Beattie, son of Mr. and Mrs. Beattie, of Frow of Hall, and Mr. James William. Belfast. Mr. F. Mason presided at the organist.
in the local Police Reserves? While community can point to such records, it has nothing to fear from the attacks of Loyalist's" of the type of your anony- mous correspondent. Yours faithfully,
J. P. BRAGA. SIR-Will you kindly allow me to state: that Portugal, as an ally of Great Britain, has special Treaty Rights whereby the Portuguese, properly said; are cutitled to r some kind of special treatment by Great Britain, and fortunately this is being done in some ways by the British Government The bride was given away by Mr. G. Land by many Britons in this Colony as Buchanan and was charmingly attired in a white georgette dressed, beaded with yell as elsewhere in the British Empire. chrystals and pearls. Her bouquet was of white chrysanthemums and roses. The cal. I can also state that Portuguese The above fights are, of course, recipro- bridesmaid was. Mise Phyllis Goodall who citizens are not, and have not been, on- wore a dress of heliotrope georgette gaged in any anti-British propagands, trimmed with silver ribbon and a hat, nor are they so foolish as to pretend to roses. to match. Her bouquet was of pale pink interfere or meddle in British affairs in
Mrs. . L. Buchanan, the matron of gette, trimmed with silver ribbon and a honour, was attired in pale pink geor white hat. Mr. L. Whant was best man, A large number of friends attended and later the couple left for Canton and the reception at the King Edward Hotel, Macao, for the honeymooU.
ATTACK ON HIGH SEAS. ATTEMPTED ARMED ROBBERY ON 5:8., "APOEY.”
Witness: It is not true... Chu Li Kwong, a partner in the soap firm, said that he had held a share in the firm from the time of its foundation. The firm was founded by Lau Ping Nam and Chu Oi wong. He (witness) worked for the Company and looked after the books Lau was the principal manager. He re lated the interview that took place in July between Lau and the last witness, sell any of her husband's property for harbour yesterday evening a and said that Lau guaranteed the money. purposes entirely her own, can the buy-woman passenger The partnership books were drawn up bying of dresses. him under the direction of Lau
Cross-examined by Mr. Alabaster, wit nos admitted that two brothers of his were to give evidence against Lau. Mr. Alabaster suggested that the three bro- thers together" were net worth $1,000. Witness said they were.
that Bum?
guarantee.
Mr. Jenkin: It would appear so. Mr. Chan Tat Ming, in the course of his evidence, said that a widow could
NO NEW CIVIL LAWS SINCE
When the a.a. Apory arrived in the Chinese was landed suffering from over twenty stab wounds and con- veyed to the Government Civil Hospital, where she hes in a critical condition.
It appears that a male deportes from said he was a practising advocate in the 21st instant with the intention of robbing In the afternoon, Mr. Fung ze Lua Siam attacked her in her cabin on the High Court of Canton and in the Courts her. He, however, was shot by one of of the Province of Kwangtang he was the ship's guards and buried at sea.
REPUBLIC.
ISLAND MURDER.
CHINESE SHOT. DEAD AT PING
CHAU...
Mr. Alabaster: Then, why don't you Senior Advocate. Ho graduated in law pay the judgment against your firm for in the Ching Dynasty. For the rights Witness: Lau Ping Nam received all ceased husband he would look to the of looking after the property of a de- the money and it was he who made the Ching Dynasty" laws and the decisions Mr. Alabaster: Judgment has been of the Courts. He knew the code of laws given against you, and you can be put in
of Tai Ching Lai. gwison on that judgment. You are liable. Court of Canton were those of the Ching The laws administered in the High
A murder was committed at about Have you arranged with plaintiff so that Dynasty, which had not, boon abolished p.m. last Monday at Ping Chau Island, you won't go to prison, and have you arranged with the same person that, it by the Republic. If there was nothing Fang, aged 34, a foreman at the Ying, the victim being a Chinese named Tu you give evidence against Lau, nothing in the Tai Ching Code or reported cases will be done against you-No.
to decide the point he would go to the Lo limekilas.
"HEUNGSHAN" AFLOAT
AGAIN,
Mr. Alabaster: Can you explain why Common Law of China Under thesa It appears that his exilants were plaints goes to all the expense of Court laws the person entitled to manage the the man instantly with a revolver shot,
three in number, and that after killing. proceedings, instead of simply levying Property of deceased husband was his execution of the judgment against the widow. The father-in-law was not entit they made their escape in a small beat. property of your brothers and you The led to interfore unless the "endangered" So far no arrests have been made. shop has money, and Lau received all the the property. The guardianship of a son money.
of the deceased man was veated in the In the afternoon Chu Li Kwong con- widow. The father-in-law, in some cir- tinued his evidence, and in the course of cumstances, had to be consulted about. cross-examination by Me Alabaster, ad- the son, but in the case of a diangreement mitted that he signed other people's the will of the widow prevailed. She names on several of the firm's documents. decided on the son's education and Chu Qi Xwong, his brother, was ready to and also the question of a wife. Som in a conspiracy to defraud the credi- Witness produced a volume of decisions tors of the firm, because he always par of coace in the Supreme Court of Peking,. ried out the instructions of the principal supporting his evidence.", manager, Lau. He admitted that he and his brothers held Ave-sevenths of the aharos in the Company, but Lau Ping Nam was placed in charge of the firm because to promised to get people to invest money in the Company.
His Lordship adjourned the care until
· idu o'clock this morning,"
carcer
During the course of his evidence he remarked that the Ching Dynasty laws were used in Civil actions because, since the beginning of the Republic, no Civil inve had been compiled, although the Criminal Laws had been altered.
His Lordship adjourned the case until this morning.
-STATED TO BE COMING TO THE TAIKOO DOCKS.
It is reported that the s.8. Heungshan, which sank in the Canton River last March, has now been refloated.
When the accumulation of mud in the vessel's holds bag been cleared away-a taak which is estimated as likely to take about ten days-the Heungrias will, it is stated, be towed to Hongkong for thorough overhauling at the Taikoo Docks
this Colony. Therefore, I beg "Loyalist" to discriminate and avoid rashly drawing Editor, that the Portuguese citizens, as comparisons. Don't you think then, Mr. long as they respect the laws of this Colony, ave more moral and tresty living here than any other foreigners 1 rights to live and earn honestly their
Unfortunately, some pseudo-Portuguese, or those persons who are rejoicing în (or are tolerated to enjoy the vicious dual system of nationality) dual nationality, are meddling in purely British affairs in this Colony! But, this has nothing to do with Portugal and its citizens. After this, Mr. Editor, I think that you and "Loyalist" will heartily join me in ex- claiming: Down with the Amphibism - Yours faithfully,
· PORTUGUESE LOYALIST: Hongkong, Nov. 25th, 1924.
FAILED TO SIGN ON CREW.
EUROPEAN MASTER FINED.
Capt. David Morgan, of the Hong- kong-Kongmoon steamer Tai Lee, appear. ed at the Marine Magistracy' yesterday morning, before Lieut.-Commander G. F. Hole, R.N., charged with neglecting to enter into an agreement with 17 seamen in the form and manner provided by the Merchant Shipping Act.
The name of Mr. G. W. Caysh, Deputy Shipping Master, was given as that of complainant.
Capt. Morgan pleaded guilty, and was fined $25.
LOCAL SPORT,
GOLY
HONGKONG CLUB CHAMPIONSHIP DRAW.
The draw for the Royal Hongkong Golf Club's Championship Tournament is under:-...
A. B. Purves v. J. B. Boa
R. A. Camidge v. W. Galloway. C. C. Stark v. E. J. B. Mitchell. H. U. Ireland . A. B. Stewart. N. L. Smith 4. J. W. Franks. Capt, Bennet G Murray. Capt. Meredith v. I. W. Shewan. Lieut. AHL Alexander . A. H. Per Alexander
guson..
The 1st and 2nd rounds will be played on December 7, the semifinals con December 31st. The latter will be over 38 holes.
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