Page
1
CANTON PUBLIC SERVICES.
NEW WATERWORKS PLANNED.
BIG TRAMWAY PROJECT.
HONG KONG AS MODEL.
THE CANTON V.D.C.
YESTERDAY'S PARADE..
A NEW SENSE OF SECURITY.
(FROM OUR CHINESE CORRESPONDENT, }
CANTON, April 7th.
THE HONG KONG DAILY PRESS, SATURDAY, APRIL 28th, 1928.
FATHER AND SONS IN MORTGAGE
DISPUTE.
OPINION AS TO HOW FALSE SIGNATURES
WERE MADE.
WING ON FORGERY CASE RECALLED.
PLAINTIFF'S LONG ORDEAL IN WITNESS-BOX.
Fook Kim Tsun, the elderly Chinese who appears as the plaintiff in an action against the Bank of Canton and Thomas W. Simmons & Co., Ltd., inished his ovidence yesterday afternoon having been in the box since 4 p.m. on Wednesday. He is seeking an order to restrain the two defendants from deriving any benefits from his property which had been, it is alleged, mortgaged without his consent by his two sons to Thomas W. Simmons & Co., who in their turn mortgaged to the Bank of Canton,
In the course of plaintiff's cross-examination it was revealed that his son Chung Yuen, was involved in the Wing On Fraud case. He was accused of the crime, and while on bail disappeared from the Colony. At the time, plaintiff wanted to take action against him in connection with the case, but on the advice of his counsel, Mr. Potter, K.C., it was eventually decided to take civil action.
Mr. Potter continued it was s cass of forging a bank deposit book which would have entitled the holder to draw out a very large sum of money from the Wing On Company. The suggestion was made, and quite properly made, that as a result of the man's absconding, an attempt was made to press forward the pre- sent action,
Mr. Davidson said that what actually happened was that the plaintiff came to see him (witness) and asked advice as to whether it would be proper to prosecute his own son in connection with the Wing On case.
Son Jumps Ball.
Witness then agreed that the plaintiff found Fok Chung Yaen was then in the Colony and that he (witness) tock counsel's advice by going to see Mr. Potter, who said. that no useful purpose would be served by the father prosecuting bis son but that it would be better to press on the present action. As the ion was in the Colony, it would be open to either site to call him as a witness.
The Merchants' Volunteer Corps of Canton held its initial practice (YRON OVA CHINESE CORRESPONDENT] drill this morning at the grounds of the Big Buddist Temple. More CANTON, April 7th. than 300 volunteers in uniform, and Among the reconstruction mea well armed, assembled from all aures now being put into effect by parts of the city for the first time the Canton Municipal Government since their organization during is, the building of a water tower the latter part of the last year. in Tungshan Proliminary work,has Speeches were made by Mr. Shen' been started and the bill on which Chi Ching, chairman of the gather. the tower will be built has beening. Mr. Yeung Hip Wing, Vice- surveyed. The water supply will Chairman, Mr. Wong, President of not be drawn from the Pearl River, the Canton Merchants Federation, as is done by the Canton Water- and dir. Yang, representing the works, but from Kuan Yia Stream Provincial Administration. rising in Mount White Cloud immediately behind Canton. The water from these streams is extra- ordinarily pure and has long been recommended by doctors. In fact a large population in Canton cara”, alivelihood by carrying water from these streams to sell to wealthier re- sidents at five cents or ton cents per two pails. This and other manlier streams will all be conserved and led to a large reservoir in Tungshan where, after auch filtering as is necessary, water will be pumper Volunteers in the defence of the Jenkin, instructed by Messrs, John- business, to produce the deeds, but tried very hard to force it on
into the tower for distribution, Special care will be taken to see that these streams are not polluted by cattle and careless persona
In addition to the construction
All the speakers emphasized the necessity. for closer co-operation be tween the Merchants Volunteers and the Canton Government in the protection of the city. The fact that the Communists and outlaws have not been able to foment.any more trouble in the city has been due largely to the combined efforts of
Another interesting fact, which came out in cross-examination was plaintiff's opinion of how the forged signatures were made. He said that with the aid of his chop, the impression was lightly made on the deeds, and then filled in with ink,
The case, which is being heard by the Chief Justice, Sir. Henry Gollan, and a special jury will continue this morning and will 'probably last the whole day.
Mr. Eldon Potter, K.C., and Mr. the Police and the Merchants Volun. H. G. Sheldon, instructed by Messrs. teers, suid one speaker. The Can-Hastings, Dennys & Bowley, appear ton régime is very pleased with theed for the plaintiff. Mr., C. G. part played by the Merchants Alabaster, R.C., and Mr. F. C.
ity, said Mr. Yang the official son, Stokes & Master, are for the representative of the Provincial defendants. Administration at the gathering.
merchants.
The special jury empanelled were
At present the protection of Cau-Messrs. F. Tester (foreman), R. toa is undertaken jointly by the Rodgers, P. W. Parker, J. O. of a water tower, a reservoir and Canton Police and the Merchants Sheppard, J. B. Taggart, Wong pumping station, a better system-
Volunteer Corps. The latter receive Kwong Tin and Wong Kan Fok, no financial aid from the Govern of pipes will be installed in Tung-
Belore continuing his cross- ment being wholly supported by the examination of the plaintiff, Mr. shan All the land concerned has beea surveyed and the details of with the Felier, those Volunteers as briel as he could.
Closely co-operating | Jenkin remarked that he would be the installation are now being work- ed out. According to Mr. C. II.aight the principal thoroughfares are vigilantly patroling day and Chang, secretary of the Canton
The Headquarters of Municipal Government, with whom the Corps are on the building of the Canton Merchants Federation and the correspondent of the Daily Press each maloo and street has a sub- had an interview, the project will be suation. The merchants of each completed within a year from date. Fatrert support a certain number of ule Yolunteers whose duty is to The cost," said Mr. Chang, will patrol that thoroughfare. The by: · in the neighbourhood aunier of Merchants' Volunteers iä $100,000,"
als in Canton is about 700.
of
FAILURE OF THE CANTON
Canton, 102
Casual Visits,
|
PLAINTIFF RE-EXAMINED. "Re-examined by Mr. Sheldon in the afternoon, plaintiff said that he had continually pressed his son Chung Yuen, after the sale of his
he had been put off from time to time.
Witness said he remembered coun- sel's advice as a result of which he wrote a certain letter.
Mr. Potter: Is there any truth in the suggestion that that letter was written because we came to know that Fok Chung Yuen had absconded No.
Mr. Potter: In fact there has been a good deal of delay in this action and from the start attempts were made to settle it -Yes..
Mr. Potter: There was a year's delay to enable Mr. Beavis to ba bring it on at the beginning of last called as a witness -We tried to summer but it was adjourned mainly on the ground that the defendants washed to call Mr. Beavis.
We
Mr. Potter: Although the state- ment of claim was filed on April He first mortgaged some of his was not filed until May 20th, 19201- lat, 1924, the statement of defence property for 837,000 in order to Witness agreed and said they had caable his son to get the position had a great deal of trouble an of compradore with Thomas getting particulars and discovery. Simmons & Co. The mortgages to Mr. Potter: It was put to the the Asia Bank and American Explaintiff, and it is quite true, that press Co. were on
the same pro- he had not asked to see these docu- Lients which are alleged to be {perty.
forged for a period of three and a after the defence was filed, was dis b years. In fact, not very long covery then made in the ordinary was -Well, we had to get a special documents. order to get discovery, of all the,
ments
Mr. Sheldon: You told us yes. grateful, I nan safe.
His Lordship: The jury will be terday that when you saw the docue with the alleged forged signatures, you went to Fook Lee particular reason for doing that to get the chop. Was there any Yes, when I saw the signatures were like the characters of my chop, which I used for the Shun Tak Chamber of Commerce, I wanted to
Mr. Jenkin asted plaintiff if he knew the partners in the Fook Lee & Co., and when that company was formed. Plaintif replied in the negative.
Mr. Jenkin: What sort of busi-vertify my suspicions ness were they doing 1-Indenting.
Mr. Jenkin: Was it in Billyer Street-No, that was where may business wILS.
You have been Mr. Jenkin : financing Thomas W. Simmons «& Co. for three years, do you tell me now that you did not know where
Mr. Jenkin: How do you know The combined drill practice this Because all foreign styled firms ace orning was under the direction of doing that sort of business. the Canton régime in whom the WATER WORKS.
Berchants have placed the greatest Mr. Jenkin: Did you see the culfidence. In view of this co-signboard of this company-Yes, Continuing. Mr. Chang said that operation between the Government once when I passed it. the reasons why the Canton Muni and the Merchants Volunteer Corps, cipal Government has undertaken optimism prevails in Canton in se to supply the people of Tungthanard to the safety of the city with water are threefold. First, the | Canton waterwords, a private firm, has long been unable to supply any- where near cough water to Tung shas. As a result people there have been compelled to use well water which is not reliable. Second ly, the Municipal Government want to utilize the pure mountain water which has so far been allowed to go to waste.
Thirdly, the Muni- cipal Government wish to set up an exemplary public enterprise, so as to prove their efficiency.
In view of the congested trafic in Canton, our representative was has ordered the Kwangtung Tram Loid, the Municipal Government
way Company to have its work finished within six months from date. Failure to adhere to the Government order may result in the cancellation of the charter. The Company has its headquarters Dear the terminus of the Canton Kowloon Railway station.. The tramroad under construction will start from its headquarters and pase through the following prin- cipal thoroughfares: Yuet Sou Maloo, Wai Fook Maloo, Fung Ning Maloo, Tai Ping Maloo, Yat Tak Maloo, Tai Hong Maloo and
Man Fook Maloc.
HONG KONG VISITED.
to get there, but I do not know the their address wast-I know the way
name of the street.
Mr. Jenkin: Your son was com pradore to that firm-Yes,
Mr. Jenkin: I put it to you again. Were Fook Loo & Co. in the same premises & Thomas W. Simmons & Co. 1-Yes, they were.
Mr. Sheldon: Why was the chop kept in Fook Lee in 1928 1-Because I had instructed my fokis to collect rent on behalf of the Kurg On Godown Co. and to use my chop for the purpose.
Mr. Sheldon: Before 1921 how were your rents collected and how were your rates and insurance premia paid-Fook Lee had my instruction to collect rents for me and to pay
rates and insurance premia.
Mr. Sheldon:
Was your son prior to 1921 and up to the time of Chung Yuen managing Fook Lee the sale in May, 1923-Yes. Opinion Of How Torged Signatures Wern Marte.
Hard To Get Discovery.
after the order was obtained that Witness continued it was only the plaintiff was in the position for the first time to inspect the docu- cments with the exception of one which was filed with the company. The other documents were inspected for the first time on December 18th, 1926, and the plaintiff saw them ori that date.
Mr. Potter: After having seen these documents when did the plaintiff produce the chop?-Two weeks later.
Mr. Potter: Acting on.my advice, although it is not in law & docu- ment did you disclose this chop to the other side so that they should have a full opportunity of examining it and testing it in every way1— Yes, in April last year.
..
Mr. Potter painted out that there was no duty on himself in law to disclose the chop at any time as it was not a document.
king to see the documents before they obtained discovery.
To further questions, plaintiff
Cross-examined by Mr. Alabaster said that he had instructed no one
witness was oaked whether it had but Fook Lee to collect rent and never occurred to him to write to pay out rates and insurance premis.the solicitors for the defendants
Mr. Sheldon: Could you give your opinion how the alleged forged Mr. Jenkin: Why did you go to signatures were made 1-I think the the Fook Lee & Co.'s premises chop was impressed on the deeds When I went for a walk, I casually lightly and then filled in with ink dropped in there.
afterwards.
there --Yes."
Mr Jenkin: Have you ever been
Mr. Jenkin: To pay a casual visit like this you would have to go up by a lift-I even forget whether there was a lift, I always make use there was a lift or not, but where of it.
Mr. Jenkin: According to my notes, you said yesterday before tiffin that you knew the Fook Lee
Our correspondent naked Mr. Chang why, having given a charter to the Canton, Water Works, the
With the emergence of trams," construction of the water tower in Mr. Chang said, "the congested question could not be given to the traffic in Canton will be consider Canton Water Works in aç-
ably relieved. It will be more like Hong Kong as far as street travel- cordance with the stipulations of ling is concerned. But the trama the charter, Mr. Chong replied in Canton, unlike those in the Bri-& Co, and Thomas W. Simmons & that. since the Canten Water Com-tish Colony, will have their wires Co. were in the same premises in pany has failed to supply the re- underground instead of on poles."
York Building 1-When you mention- sidents of Tungahan with water,
ed York Building, I also said York the Government had to take the
"Building. matter in hand, irrespective of the charter. As far as the water pipes
conclusion In
the Municipal in Tungshan are concerned, the secretary told told our representa Municipal Government will have to tive that the Municipal Govern V make some sort of arrangements ment had recently sent a party to with the Canton Water Company Hong Kong to investigate the for their use. The Company may
various municipal undertakings of sell them to the Government, Mr.the Hong Kong Government with not go there, Chang added.
a view to introducing them in Mr. Jenkin: Canton. The visiting party con into the Fook Lee & Co.'s pre- sisted of Mr. C. H. Chang, secremises 7-Yes, I have also visited tary to the Municipality, Mr.them. Wong Tok Shing, head of the Mr. Jenkin: Why 1-Since I was Bureau of Lands, Mr. Chow and on the premises, I just casually Mr. Fung, both of the Land De dropped in to visit the Fook Lee & partment, Mr. Lo Tak, secretary of Co.
After the Tangshan water project is finished, the Municipal Govern- ment will inatal a similar aystem in Honam. That project will also be a Government enterprise entire- ly independent of the private Can ton Water Company.
+1
Another Company Started. Mr. Jenkin: Yes, if you will agree with me we will get along quicker. Now why did you go there!-Be- cause my son was compradore to Simmons & Co., so why should I
Did you ever go
Mr. Sheldon: You told us yes terday that you had in the Fook Lee firm's office another chop for borrowing purpose?-Yea.
Mr. Sheldon: Is your borrowing chop and the borrowing, chop of any Chinese firmo, a very important chop 1-Yes, very important.
Witness replied it was quite pos sible he could have seen them by doing that' but it had not occurred
to him.
Mr. Potter: That would have been entirely outside your ordinary procedure and you would have no right to do it 1-I should have no
right to do it.
Mr. Potter announced that that closed the case for the plaintiff.
THE DEFENCE OPENS.
1.
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could only be done by a deed. The isw on this point was unanswer- able. His Lordship agreed.
All Went Back Into Family.
MR. HAYNES AND MR. BREWER.
WITHDRAWN.
Mr. Alabaster said that although TERMS ARRANGED AND WRIT the plaintiff had sold his business he (plaintiff) could not produce any to an unmarried woman for $85,000,
account books to show that trans. action. It must also be borne in mind that the woman took the business on August 17th, 1923,
The case in which Mr. Leslie E together with several of the fokis. Instone Brewer for work done and over Haynes claimed 81,000 from Mr. N.
behalf of the plaintiff in courection yesterday at the Summary, Court. These fatis continued to act on material supplied was withdrawn with receiving rents and paying out insurance premia.
It will be remembered that the
could borrow money on it.
Mr. Sheldon: Why Because one fence Mr. Alabaster referred to the note that this woman re-sold the siderable time and when it was
Mr. Sheldon: Have you ever known a borrowing chop to bear an individual name on it -No, in Chinese business, they never make use of a person's name, but always of the firm's name
Plaintiff further said he could not recollect being prosent at Messrs. Wilkinson & Grist's office with Mr. Beavis in connection with the as- signment. He had also seen asked by his son Tat Fui to see Mr. Simmons. He did and Mr. Simmons asked him to take a share in the business. but plaintiff refused be. cause he was not acquainted with foreign business methods.
Wing On Frand Case Recalled. firm of Messrs. Hastings, Dennys & Mr. E. Davidson, a partner in the
Bowley, was the next witness
Mr. Potter in examining witness pointed out that there was a sug absconded on February 23rd, 1928, gestion that Fok Chung Yuon had
witness wrote a letter pressing the action. Witness's firm acted for the prosecution of the people who at tempted to defreud the Wing On Company and one of the accused was Fok Chung Yuen, who was arrested and released on bail of $20,000. A very elaborate swindle ly very skilfully done. was put through which was obvious
Witness remarked that is was very ingeniously done.
It would also be interesting to action had been pending for a con. business to plaintiff's wife and the again mentioned before Mr. Justice property was therefore once more J. R. Wood yesterday morning, his in the family.
The same was done to the pro Lordship produced a letter received perty mortgaged to Simmons & Co. from Mr. Brewer to Mr. O.. E. C. in 1921. A year after the property Marton, plaintiff's solicitor. went back to plaintiff's wife, having been sold her by her own daughter- After reading the letter, Mr. in-law. This property had also Marton said that the plaintiff had, gone back to the family. Plain withdrawn his action against defen- fiff, Mr. Alabaster pointed out, had denied that he knew his wife had dant. He applied for the writ to the property until he made the die be cancelled. This was accordingly covery in August 1923 from an done. advertisement.
UNCONDITIONALLY WITH- DRAWN.
In opening the case for the de-
fact that the plaintiff had been un- able to distinguish specimen signa- that a signature was only a forgery tures as his own. He pointed out if it was attached to
a document without the knowledge or authorisa tion of the person whose lignature was being used. In the present nction the plaintiff had not only authorised the son to sign the plain. tilf's.name in certain connections under the power of attorney but had actually provided the son with facsimile signature to do it with by means of the chop.". defendants had stated that they M Potter interposed that the
Bolleitor In Witness Box. The defence then called Mr. C. could not give any particulars re- E. H Beavis, semor partner of garding the authority received Mesers. Wilkinson & Grist. Mr. had been given to the plaintiff's February 22nd, 1921. for witness's and no information on that point Jenkin submitted the assignment of [ro raz ÉDITOR OF THE
contended that Mr. inspection, who admitted that that Alabaster could not argue on that document was executed in his point
office. He said that where the name Mr. Alabaster contended it was
of Wong Kam had appeared as signatures were used without autho- plaintiff, it was crossed out and for plaintiff to prove that the witness to the signature of the
him and gave him the opportunity of amending his particulars to cover. the point, a course to which. Mr. Potter offered no objection. statement of defence, and went on Mr. Alabaster then deaft with his to say that the plaintiff bad by his conduct adopted the signature at
the Municipal Bureau of Educa Mr. Jenkin: Why did go into the Speaking further on a tramway
tion, and Mr. Pond Lee, Govern-office of a firm which you have said system plans for the progress of Canton, the Municipal Secretary
meni bacteriologist, The party were entire strangers to you?-I
Не side. stayed in the British Colony for cannot say who the partners were, said that the Kwangtung Tramway three days and was cordially re- but my two sons were working Company has started to lay a track ceived by the Hong Kong Govern there. in Yat Tak Maloo and other prin-
Mr. Hallifax, Colonial. ment.
Mr, Jenkin': cipal thoroughfares of the city. The Secretary, and Mr. II T. Creasy ed the only relation your sons had Was that describ Company is a privas ārm, and ceived
charter from the Munici. Director of the Hong Kong Public with the company-Outaiders said and that after he had absconded rity but his Lordship ruled against initialled by himself (witness).
Works Department took the party they were partners. pal Government for the construc- tion and operation of electric street Cars in Canton some nine years ago. It is under the management of Mr. Ng Taick Foon who is better known in foreign circles with his foreign name Peter Hing. On account of the political disturbances of the past the Company has not been able to start operations.
(Continued on next Column).
ན་ ༔
questions,
to visit various Government under- Mr. Jenkin: Who were the two takings. Among the places visited sons i-Chung Yuen and Tat Fai by the party wore the public Answering further Slaughter House, the Hong Kong plaintiff said that his two sons had Water Works, and the Land Office, admitted to him that they were part "Much benefit has been reapedners in the Fook Lee & Co.
Another of plaintiff's sons, Fok from the visit, as it gave a clear public concerns which would be of under the style of Fok Bros., and cut idea of efficient management of Tat Fui, had also started business value for Canton," said Mr. Chang plaintiff had mortgaged some of his at the conclusion of the interview. property to finance him,
DAILY FRESS"]
HONG KONG
BIE,In view of the publicity which the newspapers have accord- raught by Mr. Haynes against Mr. to the Summary Court action Instone Brewer, I should be glad if
Witness also testified to other you would accord equal publicity to the fact that Mr. Haynes has alterations in the document and said that the names, Foh Tat Fui unconditionally withdrawn this
action. and. Fob Chung Yuen were written by the persons named, and that he this connection, since Mr. Instone I am addressing you myself in
knew the two men at the time. and will be continued this morning to attend to the matter person- The case was then adjourned Brewer is at present in Bhecki (Heungshan), and therefore unable His Lordship and the jurors ex- Mr. Fotter objected to this say pressed their willingness to it ally Yours very truly, ing that the adoption of a deed whole day in order to finish the
(Continued on next Column). CHAB.
a later stage..
DOROTHY BREWER (Mrs. Instone Brewer).