K
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The K ides of comfort is a shoe that claps the heel and instep antgly but leaves the toen free, to more naturally as you walk. If your shoes do not give you this comfort try a plus-fitting K which has extra but unseen toe room. For instance, plus four Elting K shon has normal heel and ankle with extra but concealed room for the toos,
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As from 1st MARCH. Ask for a copy of our latest Price List without delay.
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answear
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HONG KONG
THE HONG KONG DAILY PRESS, FRIDAY,
THE INFANTS' MORTGAGE CASE.
THE LAW'S PROTECTION OF INFANTS AGAINST THEMSELVES.
MR. POTTER ARGUES THAT THEIR CONTRACT IS VOID.
JUDGE'S POST-TRIAL INTERVIEW CRITICISED.
The Füll Court (Sir H. C. Golian (President), Sir Peter Grain and Mr. Justice J. R. Wood was eitting yesterday, when the appeal of two Chinese infants who had become parties to mortgage of $400,000 on their late father's estate was again before the Court.
1
The Court adjourned at the conclusion of Mr. Patter's address. which occupied two full days. Yesterday Mr. Potter again em phasised the fact that fraud had to be proved beyond any shadow of doubt before the law would decide adversely to infants.
Mr. Patter, stated that if the appeal were dismissed he would alternatively ask for a new trial, on the ground that following a interview with one of the witness after the conclusion of the first trial. Mr. Justice Wood had modified or emitted some part of his proposed judgment;
The appellants were. Loo Kwong Lam, 37, Caine Road, and "Loo Kwong Hin, of the same address,
Infants Position
Even assuming fraud, continued Mr. Patter, which of course we emphatically dens, we are entitled to relief claimed as infapls, for the learned" judge agreed that we avoided in bath cases Yet the conditions imposed, again
MARCH 2nd, 1928.
THE CHINA"
EXHIBITION.
ST. ANDREW'S CHURCH ENTERPRISE.
TO GIVE INSIGHT INTO CHINESE, LIFE.
TO BE OPENED MARCH 28th.
Arising out of a suggestion on the part of one or two people, the idea of an exposition of Chinese life, customs and manufactures has grown into a plan for an exhibition of Things Chinese" that will give residents in this Colony a better appreciation, and wider know- ledge of those among whom they live. Preliminary meetings formu lated the scope of the exhibition, and a general committee meeting. held in St. Andrew's Church Hail has now appointed sub-committees, this undertaking. and set in motion the machinery of
The three days of the exhibition the Church Hall and the grounds are March 28th, 20th and 30th, and will be utilised for the dieplay of the various aspects of Chinese life.
A provisual in time.
committee, ap- drew's, the Rev. W. Walion Rogers, painted by the Vicar of St. An
drawn up, and the approval of St. 3rd, and a definite scheme has been Andrew's vestry obtained.
an infant and the respondents were Li Koon Chun, 81, Wing Lok Street, and Kan Tong Fo, the chief manager of the Bank of East Asia, Ltd., 10, Dee. Vaux Road Central,
The appeal is against the judg-assuming fraud, could not be immet for the first time on February nient of Mr. Justice Wood, who found that appellants had fraudu lently misrepresented their age in becoming parties to the mortgage and rejected their claim that as infants at the time of signing their
estate was not liable.
Meaning of Parties.
Towards the close of the first day's hearing Mr. Justice Wood remarked that he did not consider that the mortgagees became parties to a mortgage until they paid over the money. At the opening of yes terday's sitting Mr. Potter return ed to this point. He stated that the moment the mortgagors put pen to paper in Messe. Hastings, Dennys & Bowley's office the pro- perty passed to the mortgagees, who automatically became parties to the mortgage.
Proof Of Full Age. Dealing with the question of whether Lam, the elder the infante, had represented himself as being 21 years old. Mr. Potter said that there was literally no evidence that it had been brought to Lam's mind that he was being represent- ed as over 21...
They
The defendants, who admitted that they were worried because the boys looked young, now came into Court and said that they had never
xked plaintiffs their ages. could not rely on ambiguous repre- sentation; they must prove that the infants realised the full significance of coming of age in English and Chinese law.
"I Am Of Age."
The interpreter "Leung told "a
posed on plaintiffs under any cir cumstances. These conditions were that the plaintiffs, by way of re stitution must repay in full the mortgage debt and interest. That could be done by anyone of full age without ever entering a court
at all.
салло!
Mr. Potier suggested that such conditions put the law in a hope lessly illogical position. In the case of a moneylender, for instance, the unfortunate creditor get relief even if the money was got on the clearest representation of the infant that he was over 21; set on the analogy of this case, the infant had been compelled to give security, and the money- lender had threatened to sell thus forcing the infant into court to protect his property, the infant iz
refused relict.
The policy of the law is to pro tect the infant against himself in contract, and it has been held tha: the infant cannot even be held liable by framing the action in
tort.
"So The Law Stands." Mr. Justice Wood's decision en- forcing the contract, is very differ The terms of a contract cannot be ent from disafirming a contract. directly caforced against an infant who has voided a contract ander pies of his age...
Sir H. C. Gollan; Assuming the fraud, Jr. Potter, as you are doing for this part of the argument, you are arking the court practically to take part in fraud.:
31. Potter: Yes, the court me perhaps be forced into that posi tion, hut so the law stands.
A New Trial Asked Tor Provisionally,
Exhibits.
KAIPING COAL
FOR HOME, FACTORY, & POWER HOUSE
HOME, FACTORY AND BUNKERS
!!
POWER
HOUSE,
TUGS &
LOCOS.
THE KAILAN MINING ADMINISTRATION DODWELL & CO., LTD.. Agents, Hong Kong.
THE SCARLET LETTER."
A TRAGIC FILM STORY AT THE QUEEN'S.
(BY OUR FILM CRITIC]'
excellent film. The crude morals of The Scarlet Letter" makes an Puritanism are in line with film convention and therefore both dires It has been decided to try and
tors and actors feel on sure ground. secure on loan specimens of Chinese But it is above all the triumph of art and antiquities, old porcelain,
Lilian Gish.
Way Down East was, we be pictures, carvings, Chinese invelieve, her first real triumph and tions, and typical Chinese curios. from the similarity of the story it Among those promised are a pecu is easy to see how immeasurably iar ink slab, in a carved blackwood her art has improved. She made a Lung, over 200 years old, a grain very charming Mimi in la Bobeme, case, used by the Emperor Kien of rice, carved with 28 Chinese Hester, Prynne is a bigger role. It in fact an almost perfect Mimi, but characters, two tiny pieces of ivory would have been very easy to have with minute writing upon them, an old Chinese compass and sundial. transformed Hawthorne's Hester These, and others that are to be into the usual heroine of films deal- loaned, will be displayed in the ing with the betrayal of an innocent Church Hall.
girl, for directors have ho conscienes
In addition, various demonstra. about, such things. But Lilian Gish tions are to be arranged, showing gives us a far better Hester, n methods of manufacture of wood woman strong enough to face the carving. ivory work, Chinese wrik present and the future, and to bear ing on serolls, wax figures and other the burden of a weaker character, items of peculiar interest to people with understanding and sympathy. living in China Chinese firms are is much that is very beautiful in the Tragic though the theme is there to he allowed to carry on their trades within the grounds, in order production, and the tragedy is never that one may see "How it is made" Hester can smile at her troubles allowed to become oppressive, and samples of the work done will and she makes us feel that we can he on sale, It is interesting ante that several exhibitors smile at ours. The age in which she Wembley Exhibition have promised lived was grim and cruel, but the to demonstrate.
Teruelty has not been over insisted
upon in the production.
to
at
The St. Andrew's Church have decided to run a stall stocked with goods obtained from Canten, which will be sold at reasonable prices.
Entertainments.
We recommend "The Scarlet Letter" as a fine and unusual pic ture which we are confident you will enjoy and remember.
DANCE CONTROL.
A BOARD OF FIVE- INSTRUCTORS.
Church Hell for the purpose of It is proposed to utilise the staging tableaux of Chinese cus toms, euch as weddings, funerals, Ching Ming, and others, each pre- ceded by a short explanatory lec- ture in English, Lectures on Chi Fewer and better new.darices" nese art, and music, and the pecu- is the aim of a board of control liarities of the language are also to be given. The Hong Kong University students will present Chinese concert, and Rev. G. 1. McNure is lecturing on The Chi- nese Mind."
For the provision of refresh Mr. Potter then raised a pointments, two restaurants are to be story, which was unsupported. He in connection, with his application run, one giving Chinese food and said that when the question was for a new trial under certain cir- English style. These will be ob- teas, and the other supplying teaN asked if they were of age, Lam would ask for a new trial if fraud Church Hall
cumstances. He stated that he tained in the upper rooms of the tapped his chest and said "I am were established, though he respect- of age." Both Li Kun Chun and fully submitted that there was no demonstrated at Wembley, have Messrs. Wo Hop, the firm who Kan Tong Po, the mortgagees, were evidence of it." The reason for this promised to erect the
structures request was that following the that, will be necessary to contain present, but they said nothing of hearing of the case in the court the various sections, the remark in evidence. You Celow, but before judgment had grounds will be illuminated at and the cannot have it both ways," remark- heen delivered, Mr. Justice Wood night. ed Mfr. Potter, if it was said. H. Blake, a witness of the defen interviewed in his chambers Mr. and they did not hear it, it cannot have influenced them." Further,
dants.
Mr. Potter said that the learned
At this meeting the various sub- committees to organise the differ- the general committee. ent department were elected, from
it Li and Kan did not hear this judge claimed that he was en-
The Officials. titled to do this as a matter of right, but they respectfully said KCMG., has accepted the posi that as a matter of law he was tion of Patron, while the Bishop of His Excellency Sir Cecil Clementi,
not so entitled. "I cannot give
remark, there was no reason why Lam and Hio should have heard Soong'e remark representing them as of ful age:
THE POLICE RESERVE.
.COMMANDER HARTFORD'S
SERVICES.
TRIBUTE FROM H.E. THE GOVERNOR.
As is known Comdr. G. B. Hart- ford resigned last month from his position of Deputy Superintendent of Police (Reserve). The resigna- tion was due to private affairs. In communicating his decision to the Captain Superintendent of Police, Comdr. Hartford wrote:
"I should like to take this op portunity of recording my sincere thanks to you and to all ranks of the Hong Kong Police with whom I have come in contact for their sympathy and help in all my work in connection with the Police. Reserve."
The Colonia! Secretary wrate to Comdr., Hartford as follows:-
"I am directed by H.E. the Governor to express to you, on the occasion of your resignation from the office of Deputy Superin- tendens of Police (Reserve) his high appreciation" of the services which you have rendered to the Police Force and especially to the Police Reserve.
"His Excellency regards the numbers and the efficient state of the Police Reserve as a proof of the success with which you have handled this delicate problem. His Excellency also consider your voluntary assumption of these arduous duties to be a splendid example of public spirit and
zeal
ST. DAVID'S DAY.
WREATH LAID IN CENOTAPH.
Yesterday was St. David's Day
formed recently by five of the best and at 11 am, the President of the known dance instructors.
St. David's Society (Mr. E. I. five, said that it was estimated that the Cenotaph.
Mr. Santos, Casani, one of the Wynne Jones) laid a wreath on The Vice-President they were responsible for the teach (Capt. Thomas) and two past pre- ing of new dances to about 3,000 sidents, Mr. J. Owen Hughes and dance instructors in all parts of Mr. D. J. Lewis, and a number of other members were also present. the country. He added:
Dances which are not wanted and after the placing of the wreath being introduced. It is our in-in front of the Cenotaph. and are no good are continually stood bareheaded for. brief while
iention to try new dancea and
Dinner Postponed. · find out if they are suitable for ordinary people to learn easy which was to have been given res- The annual dinner of the Society. We have circularised all those tenchers with whom we are interday evening at the Lane Craw -touch and they have agreed to celled owing to unforeseen circam- ford's Restaurant had to be can- the scheme. Mr. Victor Silvester, another of Secretary of the Society, informs us stances, Mr. G. S. Hugh Jones, the instructors who have launched that the dinner will probably be the scheme," said that it was hoped held at a later date. to help the general dancing public to learn a few good new dances rather than a large number of in- different oneS,
ENTERTAINMENTS: Rev N. V. Hal.
any authority," said Mr. Potter, Victoria bas kindly consented toward, and Rev. E. W. L, Martin,
I frankly carnet, as I have look serve as President of the General Miss E. Atking, Miss Griffio, Rev.
Committee. Dev.
Altered Judgment,
Were
14.
THE DAIRY FARM CO.
ANNUAL REPORT.
The thirty-second ordinary yearly
Interpreter's Commission.
ed but I cannot find a single case Rogsts and Mr. P.-C. Now Fung Mrs. Cheung Wing Kui. Mr. B. Dairy Farm, lice and Cold Storage W Walton Teo Sze Kai, Mr. Wong Siu Pan, meeting of shareholders in the Turning to the question of the in which it occurred." commission paid to Soong and
appointed Vice-Presidents Wong Tape; Mr. Rufus Huang, Co., Ltd. will be held at the Com- with Mr. C. C. Mitchell and Mr. Rev. J. H. Johnston. Loung, Mr. Potter said that if At this interview matters relat J. W. Baldwin ne Hon. Treasurers,
*****pany's. Town Office on Saturday, CHINESE RESTAURANT AND TEAS: March 10th, at noon.. ng to the interpreter, Mr. Leuax and Miss E-Gouche and Miss R Miss R Mow Tuak Leung a-perjured-on-one point, Wing Cheung, were discussed and Mow Fung Hon. Secretaries.
The report to ba, presented namely, the origin of the cheque as a result certain comments upon
EUROPEAN TEAS: Mrs. J. H. Hunt, states:-The profit for the period The Committee are: The Vicar and the Ladies of the Mothers' under review after writing off from Soong, he was not only a per posed judgment were modified or Vestry, Mrs. Duppuy, Mrs W. W.
this witness in a draft of the pro and Members of the St. Andrew's Union... jured witness, but he had received
$119,435.79 for FINANCE: Mr. C. C. Mitchell, and 8212,232.06 off share. investments, depreciation, omitted. $14.000. This receipt of a 6 per
Rogers, Miss E. Atkins, Mrs. F. A. Mr. J. W. Baldwin Mr. Potter strongly maintained Britton, Dr. L. If, Miss Walters,
placing $14,771.20 to reservo cent. commission was very material that he was entitled to the con- Miss W. Robinson, Miss W. 1. H. Hunt, and Messre, B. Wile, providing for Directors and Audi
ADVERTISING AND PUBLICITY: Mr. against bad and doubtful debts and clusions of the learned judge on Griffin, Mira. J. H. Hunt, Mrs. E. V. C. Labrum, P. Hands. to the cate. If two people had the evidence-given in court, irre-G Stewart, re. Cheung Wing
tors fees, amounts to $260,604.78 managed to obtain $48,000, they spective of their effect upon the Kui. Mrs. O. 1. Bianchett, Reve A. J. Hay, and Mesure. J. H brought forward from last year's STRUCTURE AND DECORATIONS 3r. which includes the sum of 828,00470 were quite capable of suppressing Leang was a very important wit V. Halward, H. A. Wittenbach. J. Bailey, E. Cock
future eareer
witncas, of any
E. W. L. Martin, C. B. Shann, H. Donnithorac, O. B. Raven, W, S accounts. the meaning of the representation, ness, as he was the only one who H. Johnston and Tso Sze Kai,
It is proposed to deal with the as, if the deal did not go through, testified to Lam's statement Mestre E. G. Stewart, J. H. Donni Lord Bishop, and Messrs. E. Cock, end of $1.25 per share on 200,000
above balance · of " RECEPTION: The Right Rex the $260,604 790s follows Pay a divid they would not get their "squeeze." of age." "But the result of thorne, Wong Siu Fun, Tsui Kwing F. W. Stapleton, Rev. J. Horace shares, $250,000; Carry forward, In this connection it was interest this interview with Mr. Blake," said Kong, E. Cock. B. Wylie, B. Wong Johnston, Mrs. Dupouy, Mrs. E. G. $16,604.79. ing to note that the mortgagors Counsel, in this; that what may Tape; V. C. Labrum, Rufus-Hung Stewart, Mrs. W. W. Rogere. had to give Soong promissory notes have been a very, trenchant criticism. Dr. E. Kirk, and Capt. H. Fogg
Mr. A. S. D. Cousland and Mr. before the deal was put through hon disappeared from the judgment.
CUBTODIAN: Capt. H. Fogg, and J. J. Paterson having resigned; the Mr. Potter again emphasised that I might have been able to say that the special sub-committees are:
The Convenars and members of Capt, R. D.Thomas the story of the $16,000 was im- tere is a finding that this witness
PARCELS AND CLOAK ROOM: Mr. A. B. Stewart were invited to all Hon, Mr. J. Owen Hughes and Mr. portant as evidence of Leung's cre- is utterly unreliable. I am entitled bach, and Messre. E. G. Stwart, F.
EXHIBITS: Rev. H. A. Witten- W. H. C. Robson.
the vacancies, dibility as a witness, Leung himself to the views of the learned trial W. Stapleton, Dr. E. Kirk,
The Vicar, who was in the chair; Mr. T. G. Weall and the Hon. maintained that it was a mere indge, utterly unaffected by anyone.
regretted that the Governor, who Mr. J. Owen Hughes retire by. coincidence that
DEMONSTRATION: Mr. Tsui Kwing had a prior engagement on March rotation but being eligible offor cheque for however worthy. For all these Kong. $16,000 was drawn by Soong to reasons I submit that the judgment
28th, would not be able to open themselves for re-election. Walter Ford (Leung's alios) on be reversed.”
STALLA: Miss Robinson, and Mrs, the exhibition, hut His Excellency February 10th, the actual day of
CI. Blanchett Miss E. Walters, Major-General C. C. Laard had by Messrs. Percy Smith, Seth and The accounts have been audited: the deal.
The case will be continued on Min F. A. Britten, Dr. L. Tiff. Monday, morning.
promised to perform that cere Fleming who offer themselves for (Continued on next Column.)
mony.
re-election,
T