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THE HONG KONG DAILY PRESS, THURSDAY, FEBRUARY 9th,
ALLEGED ILLEGAL PRACTISING AS SOLICITORS.
LAW SOCIETY VERSUS L. E. HAYNES AND C. M. HOUGHTON,
**LETTERS NU SOLICITORS WOULD WRITE.”
Leslie E. Haynes, who gured prominently in the recent case against James' Christie and C. Bluhm, appeared before Mr. R. E Lindsell yesterday at the Central Magistracy; as the defendant in an action taken against him by the Law Society of Hong Kong for illegally practising or acting in the capacity of a solicitor.
With him was C. M. Houghton against whom the same offence" was alleged. Both defendants are connected with the South China, Trade Protection Association, whose offices are at Kaiming Build- ing, Queen's Road Central..
The action arose out of two letters sent out by this Association, on behalf of their clients, to two Chinese. According to the pro- secation these letters were worded as if they had come from a solicitor. The only thing was that "criminal" proceddings were threatened. This, remarked Mr. D. H, Blake- for, the prosecution, was too strong and no solicitors would write in such a tone.
It was further alleged that when, one of the recipients of these letters went to the office of the defendants, he was detained and threatened with deportation. This matter is forming the subject of another action which is coming before Mr. Justice J, R. Wood.
The case against Haynes was, however, withdrawn when it was learnt that the evidence of an interpreter who was present when an interview took place between this defendant and another Chinese could not be corroborated.
The case against Houghton was continued in the afternoon and was finally adjourned until to-morrow afternoon, «
The Letters In Question. There were two summonses against Houghton and one against Haynes, They arose out of the two following letters:
Continuing. Mr. Blake said that at the second interview Haynes was also present. He spoke through an interpreter and be said that unless payment was made, he would have to take criminal proceedings. He opened a book and read an There criminal proceedings." extract and then said: you are. You see I can take
•
12
Evidence Dalled.
Ng Chak Lam, of the Compradore Department of the Dairy Farm, said that he received a letter dated January 20th and this letter he pro- duced in Court.
The Case Against Houghton Continues.
The case, against Houghton was}
1928.
THE TOKUGAWA SCREEN.
then proceeded with. Haynes took A MARVEL OF NEEDLEWORK a seat in Court close to him and appeared to speak to him from time
For the past week little groups to rime while Haughton was con- of people have been collecting out- dacting his defence,
site Komor and hemor's It is not Lindeed anusual to see three or four
Pang Chnu's evidence, was corro borated by another "Chinese who art lovers gazing their fill there -säid-that- he accompanied witness at any time, but such a persistant to the South Chinn Trade Protec. audience has not been seen since thin-Association--This witness add-Komor's Inst exhibition of pearls ed that when Pang Chau refused was on view. to nay, Houghton had said that hè could claim the amount and have traction, which acts liko à magnet The Tokugawn screen is the nt- Pang Chau deported. (When this
was said Haynes and Houghton on passers by and holds them both laughed.)
enthralled in never ending interest
Houghton, civing evidence, denied being present at the two interviews in the picture which is so mar as mentioned by Pang Chau. He vellously drawn" thereon, in needle- said he was teaching at the time. work.. He further denied having asked the This screen which is the work witness to pay him 20 per cent. of the talented artist Nishimura costs. He said that ho had only was completed some ten years ago, anggested that 20 per cent, costs after fourteen years of patient. would be given by the other side, labour by the artist and his family, His Worship remarked that it for every members had a hand in appeared to him more likely that carrying out the master's design. the rripient of the money would it represents the famous Nikko any the costs to the agent collecting temple shown in its natural setting for him.
of garden and landscape. Every detail of architecture, ornament and landscape, is faithfully portrayed. But this is not the most striking feature, but rather the truly extra- ordinary illusion of third dimen sional salidity, which is gained as much by the play of light and shade as by the painstaking accuracy of every detail of proportion and perspective.
The witness'a reply to this was that he was made to understand that he was required to get alto gether, 000 to settlement.
Houghton then handed his War ship a document and said that the amount claimed was $790 and cot 8750. He also handed another letter to the Magistrate and refer erd Mr. Lindsell's attention to the last. paragraph.
Submission For The Prosecution.
In the afternoon Mr. Binke ad. dressed the Court. He said that the letters complained of were ab solutely in the form of a solicitor's letter-with this exception, that ne lawyer would threaten to tak criminal proceedings. One would have to bear in mind that such letters were addressed to Chinese, who could hardly be in a position to say whether or not they had actually come from solicitor's office. The letter to Ng Chak Lam, in which immediate payment was demanded, could not have been ex pressed. In stronger terms. Mr. Blake said he could not find Coming to the word "Practice,"
dictionary, which said to act as.
a better definition than from the
Perhaps considered as a piece of furniture or room decoration 2 simpler flower or bird study as the Japanese craftsmen make with such exquisite delicacy would be more comfortable to live with. But the Tokugawa screen is essentually It is a more than an ornament. museum or collector's piece, the like of, which will probably, never be made again. Modern standards of living in Japan make the pro- duction of only one piece by a family or colony of artists over a considerable period of time im
The possible,
finished product would of necessity be too costly.
The price at which this screen is able investment, although it seems offered makes of it a very proft-
degrade an artistic treasure to cop- a Whistler contended somewhat to
sider it in the light of money. Perhaps some one enduced with a real love of art will buy it and place it, where it rightly belongs. and marvel and give thanks for the in a gallery where all may come patience and vision which inspired its creator.
January 18th. Partner of the Chau Hon Company. "Mr. Pang Chau ex-Managing "Dear Sir,--Our client, Mr. Chang Kim, has submitted to us account books written by you, for the pur- pose of auditing. We have to in- form you that unless you interview us at 4 p.m. on the 19th instant, and make any necessary adjustment, we are instructed to take criminal pro-Pang Chau, of the Chan Hon ceedings without further notice. Motor Transportation Company, Commending the "forementioned to said that he received a letter on your immediate attention.-South January 18th at 10 p.m. He could China Trade Protection Association, rotrend English and therefore had to serve as and to work as." C. M. Houghton, Accountant.. the letter translated for him by a At the interviews, Houghton was The other letter, dated January friend. The next morning he called said to have threatened proceed 20th, and written under another on the South China Trade Protec-gs. And if deportation was men- heading, was from C. M. Houghton tion Association and there he saw call it abominable on Houghton's tioned, he, Mr. Blake, could only and Company, addressed to Ng Haynes, who directed him to 'a Cham Lam, staff of the Compradore room. He went in and waited for part. He further said that this sort Department of the Hong Kong and some time when a clerk named of threat would have the strongest Canton Ice and Cold Storage Com. Chuen San Fing came in and said effect on any, Chinese, for if there pany, and read as follows:
that he (the clerk) was working for were things the Chinese feared they Mr. Hall Houghton also came in were deportation and criminal THE WHARF & GODOWN CO.
ceedings.
Iater.
י.
Houghton then said that it was impossible for him to adjust the accounts. This was said in English and interprated to witness by Chuen Sau Fung. Houghton advised the witness to pay 8750 and also asked, for 20 per cent. costs. Witness re- fused to pay," whereupon Houghton was alleged to have said that unless the witness paid up, he would Trader himself liable to criminal
+
Reply By The Defence, Houghton, in his defence, said that the last letter he sent to Pang Chau, he mentioned that he would
instruct a solicitor" to take pro- credlings. "How could we be the solicitors if we said that we were going to hand the matter over to
solicitor," he argued.
RESULT OF LAST YEAR'S
WORKING. **
DIVIDEND OF $8 A SHARE.
"Dear Sir,-We have been con- sulted by Mr. Tong Yik Lee with reference to the sum of 216, being balance outstanding of a promissory note for, 8320, drawn by you in favour of Mr. Tong. Our instrue- tions are to demand immediate pay- ment of this sum, and to institute legal proceedings against you in the event of non-payment. Should you be unable to effect immediate pay ment or dispute the amount in nay way, kindly call on our Secretary on Friday, the 27th inst Other proceedings. Houghton was alleged wise, writ will be issued against to have added that he had the right you without further notice.-Signed, to have witness arrested as he instituted did not mean that they 8332,731.68 brought forward from South China Trade Protection As- criminal. sociation, C. M. Houghton, per pro
At this stage his Worship said C. M. Houghton and Company." that he did not know whether he Mr. D. H. Blake, of Mosers, should take down this evidence, as Wilkinson and Grist, prosecuted on what the witness said was inter- behalf of the Hong Kong Law | preted: to him in Chinese by an- Society. "Mr. A. el Arculli was also other man, res present to watch the case, and told.) Mr. Binkaid that at a Inter the Court that he represented one stage he would call the other man. of the Chinese complainants in the who spoke both English and Chi- Civil action which is being institut. Dese. ed against Haynes for "wrongful arrest.
The witness (Pang Chau) WAN then allowed to continue. He said that his refusal to pay ended the
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INSURE
YOUR
BAGGAGE
WITH
GILMAN'S
Subject to audit, the Hong Kong & Kowloon Wharf & Godown Co., Mr. Lindsell: Are you suggesting Ltd., report that the balance at you have no ease to aniver-Yes. Profit and Loss Account for the "OCEAN" COMPREHENSIVE
Houghton further argued that year ended December 31st, 1997, even saying that proceedings would 8839,305.56, which together with
were going to do it themselves. Į the previous year makes a total of
Our solicitor is Mr. O'Donoghue $995,039.24 available for appropria and his office is in the same build. tion. ing as ourselves," he added.
Houghton then asked permissio to call evidence.
Mr. Lindsell: You submitted that you have no case to answer on the evidence against you, therefore you need not call evidence -All right then may have your Worship's decision.
Mr. Lindsell then reviewed the case and pointed out to the de-
By mutual consent the three sum interview. He, however, called again fendant the wording of the letter
monses were taken together.
The Directors will, at the up- prouching meeting of shareholders, recommend the following distribu tion 1
To pay
dividend of $8 per share
To carry forward
$640,000.00
366,039.24
8996,030,24
Mr. Dobbie agreed, however, that | "Criminal proceedings." He said that in his capacity as secretary.of the Banbury Trade Protection As sociation, he would write similar letters to those produced,
Houghton then submitted, three other, forma
the next day in the afternoon, and where it stated:-"We are instruct harmony with those used in Aus- The Case Opened,
he saw Haynes and Houghton to-ed to take criminal proceedings tralia. Opening the case for the pro- gether. At this interview, witness against you." secution Mr. Blake said that the said, Haynes, handed the key to To this Houghton replied that he would not use the word Ordinance of the Legal Practition- Chuen who at once locked the office that was his client's instruction. The definition of a client,” he ers laid down that any person who door. Haynes then produced a either directly or indirectly prac book, opened it and vointed out a said, according to a Chamber's tised or acted as a solicitor without certain passage in the book, In Twentieth Century Dictionary meant having been admitted and eprolled the room at the time were witness, his client's idea was that unless a a customer. He further added that as such or as a public nctary with Haynes, Houghton, Chuen Sau threat were used the man Pang out having been duly registered Fung, a clerk and another man should, upon summary conviction, named Lau On whom the witness Chau would not settle. be liable to a fine not exceeding took with him.
Mr. Lindsell: That's not a legal $1,000... C
Ten or fifteen minutes later, Lau argument, Touching upon the difference be On got the door open and went tween English Law and the Hangout Witness said he asked. Lau Kong Ordinance, Mr. Blake stated to go and engage a solicitor on his that at Home it would be necessary the solicitor's clerk and it was then beball. Later Lau returned with to prove that, the defendant had pretended to act as a solicitor. The that he was allowed to leave the local Ordinance only lays down that premises. any unqualified person who has either practised, or acted as solicitor shall be liable.
B
G!
At this stage, Mr. Blake inform-: ed his Worship that in view of the difficulty regarding evidence interpretation, he would withdraw the charge against the defendant Haynes. Mr. Blake stated that it would be difficult to get Suen,
Mr. Lindsell (to Haynes); The summons against you is withdrawn. You are discharged.
j
A Case To Answer. His Worship ruled that the de- fendant had s
case to answer.
call evidence. Houghton said that he would then
}
Evidence Of Australian Practise. James Thomas Dobbie, formerly editor of the Chine oil and Sunday Herald, was then called.
Houghton: think that from 1990 to 1924 you were editor of the Banbury Herald in West Aus tralia-Yes
Houghton: You were also a men- ber of the Town Council, Secretary
POLICY.
[100
NESS
ALPS
MILK
BANK
MILK
standard interse and tonly used The Food of Life by Trade Protection Associations. and of these, Mr. Dobbie said that they were nothing out of the ardinary."
#
Imitating A Solicitor.” Cross-examined by Mr. Blake, Mr. Dobbie said that the law in Australia differed greatly from Eng. lish law.
When asked if he knew the differ- fence, Mr. Dobbie admitted that he
did not..
He agreed that while in the em play of the China Mail, he used to contribute articles to other papers. He had also sent one or two articles to the Hong Kong Observer.
In the interests of
Good Health
it is advisable to use only a well-known and established braud. Buy always and insist on
BEAR BRAND
Obtainable everywhere
of the Chamber of Commerce, Mr. Blake Just forget you, pre Secretary of the local Trade Pro a newspaper man and also your tection Association, and Branch Australian experience, and just Secretary of the Trade Protection think if you had the mentality of à
Chinese what effect those letters AB. MOULDER & CO. Houghton: Were the functions of would have on you 1-There are 100 those societies identically the same different ways in which 100 different as those of the Soutir China Trade men would take them. Protection. Association. Yes,
Mr. Lindsell remarked that the English Law was more precise.
Coming to the two letters written by the defendants, Mr. Blake said that in the case of No Chak Lam, no notice was taken. The letter was handed to his solicitor and from Haynes: May I ask your Worship him, it went to the Law Society. one question
In the case of Pang Chau, the
Mr. Lindsell: In what comice. matter presented a different aspect. tion? You are discharged. of West Australia 1-Quite true. The letter threatened criminal pro- Haynes: Would it be possible by ceedings, and Pang Chau at once any process to abtain the depasi went round to the South China tions in this case The present Trade Protection Association and witness in the plaintiff against me bad two interviews. Evidence would in the. Bummary Court for alleged also be called, said Mr. Blake, as wrongful imprisonment, and certain what had happened at the inter-evidence which he has given to-day to views. It would be shown, he sub-which your Worship has made & mitted, that Haynes and Houghton note of—is of extreme importanre were acting as solicitors, and that to me
the two letters themselves were Mr. Låndsell) It you will make a sufficient evidence of their practis formal application to me in writing, ing or acting as solicitors To I will consider it.
Mr. Lindsell: How do you know! I have seen the prospectuses of the South China Trade Protection Association;
In answer to further questions put to him by Houghton, Mr. Dobbie said that he considered that the two letters complained of were in
· (Continued on next Column.)
Mr. Dobbie said that the letters might be construed as imitating a solicitor
Mr. Blake: That phrase I like
is the very
At this stage the case was - journed until to-morrow afternoon bis Worship saying that he would like to look up the authorities for it
KCE MAT A
THERAPION No. THERAPION No. 2 THERAPION No. 8 as her Mander Camera z Was 3 die Hand & Men
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