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1
HONG KONG DAILY PRESS TUESDAY, APRIL 6, 1937.
IMPOSING ARRAY OF
Big Litigation Opens At Supreme Court
DISPUTE OVER TRUSTS
Two K. C's and four barristers formed an imposing array of counsel at the Supreme Court yesterday when before the Chief Justice, Sir Atholl MacGregor, an action was commenced involving Shùm Shiu Po, alias" Shum Pak To, altas Shum To, as plaintự, against John Hennessey Seth (trustee), Shum To Shing, alias Shum Yat Chuen, and 85 others comprising four branches of the Shum family.
The plaintiff claimed that the trusts declared by the Family Rules of the Shum Wing Fat Tong dated on a lucky day in the third moon of the 23rd year of Kwong. Shui (April 2 to May 1) were vaid as offending the rules against perpètalties; also that a declaration of the trusts upon which the property, heretofore held in trust under the Family Rules, should henceforth be held..
Mr. Eldon Potter. K.C., and Mr. H. C. Macnamara, instructed by Mr. H. K. Woo, of Messrs. Woo and Woo, appeared for the plaintiff.
Mr. D. J. N. Anderson, instructed by Mr. F. E Nash, of Messrs. F. E Nash and Co., appeared for the first defendant, John Hennessey Beth; trustee.
to the Family Rules in perpetuity.
Since 1932 much litigation had taken place in connection with the family rules and with the affairs of the Sul Kut Bank. As a result of these proceedings the bank had been wound up and the 21 shares were no represented by money or securities in the hands of the first Mr. H. G. Sheldon, K.C., instruct-defendant. John Hennessey Seth,
as trustee for the persons who may | ed by Mr. D. H. Blake. of Messrs Wilkinson and Grist, appeared on ultimately be found to be entitled behalf of Shum To Shing, alias thereto. Shum Yat Chuen, and other de- fendants
Hon. Mr. Leo D'Almada, jun, in structed by Mr. D. H. Blake, ap peared for Shum Tsi Shing, allas Shum Lal Nam. Shum, Chu Shing, Shum Yuen Po, Shum Shik. Po, Shum Ying Po, Shum Yung Po. Shum Cheuk Fo. Shum Chun Fong and Shum Ah Tsol. defendants,
Mr. George She, instructed by
Mr. D. H. Blake, appeared for Shum Yui Po, Shum Wui Po, Shum Hing Po and Shum Kai Fong, in- fants, defendants.
FAMILY RULES VOID?· · The plaintif maintained that the Family Rules were vold as a perpetuity and that creating there was a resulting trust of the proceeds of the 31 shares in the Sul Kut Bank in favour of the
persons who were, according to Chinese law, the heirs of Shum Wa, to be held by them in such shares as Chinese law directs.
The plaintiff claimed:-
(b) A declaration of the trusts upon which the property, hereto- fore held in trust under the sald Family Rules, should henceforth be held.
COUNSEL
:.
COURT CASES
TOURIST
ROBBED
IN BRIEF
given out of his own monies Plaintif had to produce evidence to prove that, i
For a breach of the Deportation Supporting Mr. Sheldon, Mr.
Order, Fun Wal, 33, unemployed D'Almada aald plaintiff hád en~
appeared before Mr. K. Keen at tirely failed to prove this and the Central Magistracy yesterday therefore the case should be dis-morning and was sentenced to
missed.
Mr. Potter contended that i Shum Wo had subscribed the moncy, as had been admitted, the law had the right to presume that It was his own money, unless the defence could prove to the con- trary. "Once it is admitted." said Counsel, "that the man, bad taken a share in the partnership then. "prima facle," It is his money and it is for the defence to prove that it was a trust.”....
His Lordship ruled that it was
the onus of the defence to prove
that the money was a trust.
On resumption after the tiffn adjournment, Mr. Sheldon inform- ed the Court that he was not going to argue on, the question of per- petulty. Mr. D'Almada agreed and the declaration in paragraph (a) of the plaintifs claim was made by his Lordship.
sent
Man
1935
rules
three months' hard labour.
Old Offender Gaoled
3.
Chan Wing, aged 40, appeared. before Mr. K. Keen at the Cen- tral Magistracy yesterday on charge of stealing a fountain pen. from Dr. C. H. Moore, a tourist on Tang Kim appeared before Mr. | board the liner Franconia. Dr. x. Keen at the Central Magis Moore sald that while he was walk tracy yesterday morning for a ing along the praya at II p.m. on breach of the Deportation Order. Sunday ovening he was relleved of His Worship sentenced the defen-¦ dant to 2 months' hard labour.
"#
Chun Chu appeared before Mr. K. Keen at the Central Magis tracy yesterday on a charge of stealing a loaf of bread from Bicycle No. 1035 outside No. 184
Des Voeux Road. The defendant. was cautioned by His Worship and ordered to be sent back to Swatow.
•
his fountain pen by a Chinese- who ran away and was arrested by · a taxicab driver.
Inspector A. V. Baker, who pro- secuted, said that the defendant had a very bad record which dated back as far as 1913. Chan had
been convicted in 1922 on a stiilar
offence and was banished.
Defendant on being asked where he was sent when banished an- swered by saying he spent several Chung Ting Wah aged 28, un-years in a Mental Home.
His Worship sentenced the de- employed, appeared before Mr. E. H. Williams at the Central Magis fendant to three months hard la- tracy ysterday morning on a charge | bour. of assaulting Tse Shul Tin. a woman, living at No. 86 Lockhart
THAT WAS TO
SUPPLY WIVES
An Expert Quotes
Some Queer Cases
Opening his case, Mr. Sheldon sald that the history of the pre-Road: Defendant admitted assault-
ing complainant and said that two COMPANY with a case started named Shum Kwong, long dead,
nights ago he was assaulted by who was
of three several Europeans at the instiga- the ancestor
tion of the complainant. His Wor- persons, relevant figures in this matter, Shum U Pan, Shum U wo ship ordered one weeks' remand so and Shum U Ling. also deceased. that Mr. Schofield will be able to counsel then produced all genaeo-
continue the case when he returns logical table and referred to mis- to the Bench. Defendant is on ball cellaneous proceedings in
of $200. which contained a document of
Appearing before Mr. K. Keen at the Family Rules. These were made in 1887 and long before the Central Magistracy yesterday that year the three brothers start-morning. Private George Maclean
of the Royal Ulster Rifles was Private and public companies ed a small grocery shop in Kau
(a) Kong. It was a comfortable bust charged with maliciously registered in England have a total window of paid up capital of more than £5,- ness and it was interesting to note damaging a show that the site of that original shop Messrs. Lane. Crawford. Ltd. at 200,000,000, it was stated in was still owned by the Wing Fat 10.25 p.m. on Sunday night, to the lecture to the Chartered Institute value of $400; and (b) unlaw-of Secretaries, at Birmingham by ful possession of a revolver.
Mr. Herbert W. Jordan, the ex- || Mr. T. Murphy, A.D.C.I. asked Hispert in company law.
Private companies, said Mr. Jor- Worship for four days' remand in
about 123,000 more than £1,500,000,000 capital, while there were 15,500 public companies with a capital of over. £3,700,000,000
Tong.
gle
from
riches and their success was mainly due to the efforts of the two younger brothers. At the time the Family Rules were made the brothers con- templated division of the family
(a) A declaration that the trusts declared by the family rules of the Shum Wing Fat Tong, dated on a
HISTORY OF BROTHERS Mr. Sheldon then gave a pream- Before he opened the case, Mr. lucky day in the 3rd moon of the Potter said that as regards the 23rd year of Kwong Shui (Aprilble of the history of the three bro- position of Mr. Seth he thought it! 2 to May 1, 1897) are vold as of thers which disclosed their strug-
poverty to was unnecessary for him to be re-fending the rules against per- presented by counsel, as he was petuities. merely
the money 'as holding trustee, and in any event he had to obey whatever order the Court might make. Under the circums- would be a pity that tances, It further costs should be incurred on his behalf.
Mr.
remarked that Anderson that point had been considered. In 1927 it was deemed quite proper that Mr. Seth, as joint-trusee, should be represented.
His Lordship. with the consent of counsel for the other defen- dants, said it was unnecessary for Mr. Seth to be further represented. and Mr. Anderson withdrew,
PLAINTIFF'S CASE
(c) An enquiry" as to the persons entitled under paragraph (b).
(d) An 'account of the property referred to in paragraph (b).
(e) Such other or further ac- counts, and enquiries as may be necessary to give effect to the de- claration asked for by paragraph |(b).
THE DEFENCE
the nime Shum Chik Hou Tong was invented by Shum U Wo for the purpose of holding the share in the Sui Kut Bank on behalf of Bhum Wing Fat Tong.
property.
The case for the defence was that the Family Rules had no thing whatever to do with owner- ship of property. In the Family Rules it was stated that the third, fourth and fifth branches were the three principal branches of the family.
and
Military custody, in order that the dan, numbered defendant might be mentally with
examined.
Ho Man and Chan Kam appeared before Mr. K. Keen at the Cen-
a
Mr. Jordan" told of strange re- The Virginia Com-
tral Magistracy yesterday after-gistrations: noon for possession of heroin pills pany (1808) was formed with the at No. 58, Queen's Road West, third object of transporting the maids Door. Another defendant, Chan to Virginia to be made wives.
Gun The "Puckles" Machine Sing, was discharged at a previous
Company formed at the time of hearing.
the South Sea Bubble was for the object of "discharging round and square balls and bullets and mak- ing a tatal revolution in the art of war?"
Other companies of the same period.sought to “provide for employing all the poor in
A large number of heroin pills Great Britain.", and to "ensure were found, totalling 29,330 pills; all marriages against divorce." also 165 ounces of-pink mass, and 7 ounces of heroin powder. After evidence was given by a detective the case was adjourned until to
The Assistant Crown Solicitor Mr. M. J. Abbott, prosecuted and said that on, information the police raided the premises and found the Long before the Family Rules defendants making heroin pills were drawn up, the youngest bro-The first and third defendants ad- The defendants' case was that ther Shum U Ling went to Annam mitted the charges against them.
where he did very well for himsel! acquired property of great value. Shum U Wo looked after the business in Hong Kong and Canton. Shum U Pan paid a visit to Annam but had to return to Kau Kong to look after bla mother who had become infirm through old age. He established several small businesses in Kau Kong. As the brothers began to make money the head office of their Tong was sum established in Canton under the arm name of. Kwong Sang Loong. Through this once they remitted profits and incomes of their busi- ness and money was paid to them for expenses they incurred.
Mr. Potter said that the plain- tiff resided at No. 261, Cheung Sha Wan Road, Kowloon, and was the
Defendants denied that the sum son of Sham Thau Shing, alias Shum Kwok Tung, alias Shum Fof Taels 9,000 was contributed by U, allas 8hum Yew Wa and the paternal grandson of Shum U wo allas Shum Chau Shun alias Shum Hing Sang allas Shum Wo alias Shum Chik Hau Tong (herein after called Shum U.Wo); both "now deceasen
On or about January 28, 1884, Shum U Wo and others establish- ed in Hong Kong a Chinese Bank called the Shul Kut, Bank with a capital of $50,000. The bank was. organised as a partnership and was not incorporated. Shum U Wo contributed to the capital of the Sul Kut Bank out of his own monies. Taels 9,600 equivalent u $12,500 Hong Kong currency which entitled him to 2 shares in the Bank.
"
Shum U Wo out of his own monies, and maintained the money was paid out of a common fund belonging to three brothers jointly, which was created by them prior to 1883.
the said Alternatively,
was contributed by Shum U Wò out of his own monies which was denied the share in the Sui Kut Bank purchased by the said sum was placed by him into the same common. fund for the joint benefit of the three brothers. From the date of the purchase, the share in the Bank had at all times been treated by the persons concerned as the common fund.
After the Family Rules were made the business was carried on in the same way.
Counsel then dealt with various partitions of the property the first being made by the Wing Fat Tong, the next in 1912, the next in 1923 and another in 1932.
J
Défendants denied that Shum U Ling fiad an interest in the com- mon fund and that Shun U Pan The only issue, said Mr, Sheldon. Shum Wo had an elder bro- was poor in 1897. They said that was the question of whether or ther, Shum U Pan, with several he and his brothers acquired pro- not the 9,000 Taels contributed by alfases, now deceased, and a young-perty which was placed in the com- Shum U Wo to the capital of the er brother Shum U Ling, also de- mon fund, in which Shum U Pan But Kut Bank was his (U Woa) U Wo also had bad a substantial interest, The own money or money of the Wing other brothers whose names and defendants also denied that Shum Fat Tong, or whether Shum Chik were Hau Tong was nis own alias, aa existerice were not material to the Wo and Shum U Ling
possessed of considerable fortunes alleged by the plaintiff, or was in- present action.
vented by Shum U Wo for the apart from the common fund
purpose of owning properties.
Counsel reviewed a number of
ceased. Shum
J:
Of the three brothers, Shum Pan, Shum U Wo" and Shum U Ling, the first was in the year 1897 poor whereas the other two bro thers were pagessed of consider able fortunes,
LUCKY DAY AGREEMENT
་,
POINTS AT ISSUE
Continuing, Mr. Potter stated
that one of the two points at 1s-Court cases that had taken place sue, was whether or not the family since 1932 in connection with the rules to perpetuity could be ap- property, --
14
+ לי
morrow.
Li Wai, a returned banishee, was sentenced to 6 months' imprison- ment when he appeared before Mr. E. Himsworth at the Kowloon Magistracy yesterday. was deported for 10 years in 1938.
+
Defendant
Before Mr. K. M. A. Barnett at the Kowloon Magistracy yesterday, 'a charge of attempting to stow-. away to Singapore on board the aa Mui Nam on April 4 was pre- ferred against three Chinese un- employed. Au Wah, aged 39, Chut Kam, 33 and Li Yam, 44, while a charge of ́alding. WAS preferred against. Pang Yau, 40. a stoker on
board the steamer.
Au was fined $50 or one month's imprisonment while second "and third defendants were each fined Fang Yan, was also fined 8150 or three months in gaol for aiding,
$100.
A philanthropist whose good deeds had become too well known formed himself into a company to be able to inform his importanate friends that their applications must be referred to the next board meeting.
AMENDMENT TO
PENSIONS LAW
The "Gazette" contains the draft of an Ordinance to amend the Widows' and Orphans' Pension Ordinance, 1908. ·
It is explained that a consider- able number of non-European members of the Fire Brigade De-
partment have not contributed under the principal Ordinance un-. der the erroneous assumption that, like non-European members of the Police Force, they were not liable.. tc contribute. The origin of this assumption has not been elucidat ed; but it probably arose from the fact that the Police and the Fire
Brigad, were at one time included in one Department.
The officers concerned do not de- This is a case, which should besire to contribute and the collec-. met with the heaviest penalty at tion from them of arrears, plus my disposal" said Mr. E. Hims interest, is impracticable. It has worth at the Kowloon Magistracy therefore been decided to exempt
yesterday when he imposed a sennon-European members of the Fire tence of 12 months' imprisonment Brigade, other than Clerks, Bub- on Yan Hon, aged 20 room boy Officers, Ambulance Dressers and of the Wo Ping Boarding Hotel, for Store Foremen from the provisions having carnal knowledge of a girl of the Ordinance, and to make the under 14 years of age" between exemption retrospective. March 19 and 20. The case was conducted by Sub-Inspector R. Cunningham,
plied to the property. If they did, I in fact, sald Counsel, the In 1897, the three brothers on-then of course the action failed, plaintiff's case was true that the accepted the tered into a written family agree- but if not then it was the question other people who ment on a luck day in the 3rd of who was entitled to the pro-Family Rules were not entitled to. moon of the 23rd year of Kwongperty. The decision of the Court share the 3425,000 of the Sui Kut Shui (April 2 to May 1, 1897). The was therefore who was the owner Bank; Shum Lai Nam had no right document was headed "Family of the share in the Bank, which to take one cent of it. It could
A tea house fok! Tsang Pul, and Rules of the Bhum Wing Fat Tong" was admittedly settled under the not be bellered that this money
was Wo's and not the family's. a ship's steward Ma Tim, were and was signed by the three bro- agreement of 1897, thers and others. The properties Counsel quoted authorities in Mr. Sheldon concluded by saying brought before Mr. E. Himsworth settled by the family agreement support of this submission, and that evidence would be given to show at the Kowloon Magistracy yester- day, charged with disorderly, con- comprised inter alla the 2 shares sald that the Court never implied that long before 1897 and long be
duct by fighting in the street or in the Sul Kut Bank which were or presumed a trust, unless it was fore the Family Rules income and contributed, by Shum U Wo the absolutely necessary. If no evi-profits from the Wing Fat Tong March 15.
Mr. M. A da Silva appeared on then owner of the bank
dence could be produced by the de- had been sent to the Kwong Bang The principal provisions of the fence, then judgment should be Loong in Canton. As recently as behalf on first defendant, and also family agreement were to provide. given for plaintiff.
1904, Shum U Wo himself invested to prosecute second defendant who for family worship and for cer- Mr. Sheldon said that the ques- in the Sul Cheung Bank in Can-was a member of a tea house guild tain benefits to be given to the ton of trust was never mentioned ton 11,000 tales from the funds of and had been delivering messages three brothers and their descent in the pleadings and therefore it the Wing Fat Tong through Kwong to various tea houses demanding dants out of the settled properties. did not arise at all, The defence asng Loong in the name of Shum that they be closed for the Chinese
New Year. It was expressly (or impliedly) had admitted Shum. U Wo subs-Chix Hau Tong
The case was adjourned till noon provided that the corpus of the cribed Tis0,000, but the real point At this stage the hearing was.
on Friday 18. properties should remain subject was whether or not the sum was adjourned to, this morning.
ORDER OF ST.
: MICHAEL AND
ST. GEORGE
Annual Service To Be Held "In St. Paul's On April 23
The King has approved of the Annual Service of the Order of St. Michael and St. George being held in St. Paul's Cathedral on Friday," the 23rd of April (St. George's Day), at 11.30 am. The Service will include the ceremony of in- stallation of the Earl of Athlone as Grand Master, and the Marquess. of Willingdon as Chancellor of the Order.