A
HONGKONG DAILY PRESS
MORTGAGE DISPUTE HEARING
CONCLUDING STAGES
Submissions By K.C. For The Defence: Plaintiffs Challenged
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THE FACT THAT THE THREE PLAINTIFFS IN THE CASE WERE WHOLLY UNKNOWN TO THE DEFENDANT, and did not reveal their identity until the case was tried. was one of the points stressed by Mr. H. G. Sheldon, K.C. in his address at the Supreme Court yesterday when the alleged city mortgage frand action reach- ed its concluding stages.
Plaintins in the case, which is being heard by the Chief Justice, Sir Atholl MacGregor, arẻ Chan Ful-hing. Chan Sik-tia and Chan Kwok-nim, who seek a declaration from the court that, two mort- gages executed in respect of No. 300 Des Voeux Road Central and No. 96 Wing Lok Street are fraudulent.
They allege that the signatures "preted, and yet you say you do not OR the mortgages are forgeries, know him?-I only knew Chan and
transactions hädffck-alm was there. that the
been made without their know- Then why did Kwok-nim sign ledge of consent by one Chan, through his attorney if he was Chung-wah, brother of the third there?-He asked me to take all plaintiff.
¡ of them to the Land Omice, includ-
Ing himself.
Mr. Eldon Potter, KC, and the Hoh. Mr. Leo D'Almada e Castro.
And then he solemnly signed his
Jnr.. instructed by Mr. C. D'AI own name by his attorney. Chan mada, are appearing for the plain- Kwok-ylu, is that your story?---- tiffs, while defendant, Fung Kai- Kwok-nim asked me to take them sun, is represented by Mr. Sheldon to the Land Office. and Mr. H. C. Macnamara, in- structed by Mr. M. M. Watson.
MILITARY PROPERTY
STOLEN
ELECTRIC CABLE VALUED $4,000
19
GENERAL
REACHES
British War Organization Fund, H.K.
LATEST LIST OF SUBSCRIPTIONS
The total of the British war' Fund, Hongkong Branch, bay now reached $342,-
931.25.
Two thousand yards of electric cable, comprising three drums of Organization lead-covered cable and one drum of rubber-covered cable, is re-
The latest list of subscriptions ported to have been stolen from a fenced-in dump off the Shek o includes $1,000 from the Ladies of Rond between December 15, 1939, the Quarry Bay Centre, $855 from and 7 o'clock on Saturday morning. the proceeds of a dance held by the 1st Hongkong Regt.. R.Ay. according to a police report.
from the staff of the $125.30 Sanitary Depta $200 from Mr. F. V. Jensen, $100 from Mlington Ltd, (Toys Subscriptions), $100 from an anonymous donor and $122. from the proceeds of a Ten- nis Tournament held by the Sisters of the Queen Mary Hos- pital.
The cable is valued at £250 (H.K, $4,000) and is the property of the military authorides. »
Rail Sleepers Torn Up
Previously acknowledged $339,- 191.35; C. Austin (monthly) 10;
CANTON - KOWLOON WAH. Duff (monthly) 10; B. Herschend (monthly) 10: W. LINE DAMAGED Hewitt (monthly). 10; -J. M., Mac- Reports current In Hongkong kinnon (monthly) 25; W. A. Simp- son (monthly) 15: L. Garner that the Japanese used conscripted
(monthly) 50; LD. Pringle tear up the His Lordship: I have warned Chinese labour to
(monthly)10: D. J. Valentine sleepers of the section of the monthly) 20; Royal Naval Hos- you before and I insist that you answer the question. There is no Canton-Kowloon railway border pital: Children's Party 94.60; O. reason why you should prevaricate in the Colony, are emphatically Kopelman 10: R. K. Valentine
Mr. Sheldon said that the case was one of the most unusual that court of law. If plaintiffs' ev you are a solicitor's clerk and denied by those returning to the (monthly) 20; W. J. Reld (month-
understand the posidon perfectly. Colony from interior parts. You are wasting the time of the Court and I will not tolerate it
had ever come before a Hongkong dence was accepted as true ev dence, then it would be proved that third defendant was really Chan Kwok-nim. It was his sub-
GUERILLA ACTION
| ly) 20: L. C. Baker (monthly) 10; Mr. and Mrs. A. F. Walkdeni While not denying that the monthly) 20: Miss H. Turnbull
Ltd.- Mr. Potter (To Lo): Can you ex-Japanese did conscript
(monthly) 5: Millington Chinese
Toys Subscription, 100: The Ladies mission, however. that when the plain why, if Kwok-nm was there.labour for road building for mill-of the Quarry Bay Centre 1,000; facts of the case were marshalled that he should have signed through fary purposes, it is emphatically Analysts: Government Laboratory and examined clearly, third plain his attorney?—I cannot.
stated that the railway sleepers (monthly) 83: F. V. Jensen 200; Do you mean to say you knew were torn up by Chinese guerillas 1st Hongkong 'Regt. RA. Dance tiff had falled to prove that he was Chan Kwok-nim. and that his nothing of the power of attorney in order to prevent the Japanes 855; "In lieu of Christmas Cards" story was entirely unacceptable. ! at all?-Yes.
from using that section of the 20 Mr. and Mrs. H. O. Odell 10: If he could prove that third But you must have produced it
rallway, hi spite of Japanese Anonymous 5; Anonymous 15; plaintiff's case was false. said Mr. before the Land officer would
efforts to prevent it.
Anonymous 3: L. M. Wylie Sheldon, then obviously the case allow the document to be signed?-
The guerillas used both
"the¦ (monthly) 25; M. F. Ľ. Haymės of the first and second plaintiffs Yes
iron rails and the wooden (monthly) 10: M. Beraha (month- was also false.
Can you explain why there sleepers to make "pill boxes" and ly; 50; E. F. Buttress (monthly should have been any power of a for other defence measures for 15: J. C. Menhinick (monthly) 10; torney at all-if Kwok-nim and Kwok-viu were one and the same person?-He knows better, I don't,
FIRST STEP OF FRAUD Counsel mentioned that third plaintiff did not enter the action until some time after the first writ
was issued. He suggested that the
"ONE LAST CHANCE first step of the fraud commenced His Lordship: I will give you here. It was necessary to get a one last chance. If you don't be- third person to say that he was have yourself I will commit you
a
difference
Af over
their operations.
SITUATION QUIET The situation across the border
G. C. Worrall (monthly) 50; R. S. Harrison (monthly) 50; D. R. H. Moore (monthly) 15; M. S. Ban- is now quiet and apart. from Bicheno (monthly) 10; Miss J. W. ner (monthly) 20; Miss B. M.
Buckwell (monthly) 50; J. Moodle (monthly) 20; E. Joffe (monthly) 10: Anonymous 25: 4. Levenber- ger (monthly) 25; N. M. Went- worth 19; J. Finale (monthly) 50;
a alight shortage of food as a result of the Japanese having spot the crops, conditions seem with Chinese troops and officials once more in occtipation.
COMMITTED TO SESSIONS
Li
D. B. Bone (monthly) 15; D, Peoples (monthly) 10; J. J. Whyte (monthly) 5; Staff of Sanitary Dept, (monthly) 125.30; G. J. P. Carey 10; The R.E. Officers of the Garrison (monthly) 75: China
payment "Nurse
a co-owner of the property and gao for contempt. The answer, to be rapidly returning to normal, that he did not forge the deeds you gave was irrelevant and because first, of the difficulty of pertinent. partitioning the property and.
Mr. Potter then repeated his secondly, to secure not only two- thirds but the whole value of the question, and Lo replied he could property.
not give any explanation. $20,000.
Further questioned. Lo agreed Kwok-yiu Whether that were true or not, that Kwok-him and
On charges of conspiring to de-Light & Power Club, Annual Cha- wald counsel, it was known that a were two distinct persons. The third person became plaintiff some reason why he said at the previous fraud Der Yun-sap, married wo-drens' Party 71; Y. Komarof 5.
man, whose husband lives in Bos- Supplementary time after the writ was issued. hearing that he did not know of a
Procceding, Mr. Sheldon asked man by the name 01, Chan Kwok-ton, USA. of $130, and of de- Cavell" film 31; Mahjong Four 20; his Lordship if he had ever tried. gin was because he did not remem-manding or endeavouring to obtain Evan W. Davies (monthly) 10: that sum, two men, Wong Sang Anonymous 100; Sisters: Queen been counsel in or heard," a case; ber him.
and Li Kam-lam, were committed Mary Hospital, Tennis Tournt, by Mr. Q. A. A. Macfadyeni from 122; B.EF. 1914/19 10; Xmas Day Kowloon Court yesterday to the Party 20; Mr. and Mrs. G. W: criminal sessions.
Spensley. Rabaul 5; Capt. J. T. J. It is alleged the defendants sent Layton 5; Miss S.-N. Birchall 5; to complainant a letter, purported Total: $342,931.25, Mr. Sheldon challenged the Hearing will be connued this to have 'been written by her hus- plaintiffs to give any reason why | afternoon, when M. Potter will band, requesting her to hand over they should have refused to be address the Court.
to them a sum of $130. identified, and further suggested that the only real reason would be that the impersonator of third de- fendant had apt been decided
wherein a defendant is sued by Mr. Potter: I put it to you, you persons wholly unknown to him, told a deliberate untruth because That was the position in which, you wanted to avoid the conclusion defendant in the present case that Kwok-ytu ad Kwok-nim found himsel
were two distinct persons?—No.
upon.
CONSISTENT BEHAVIOUR "The behaviour of Chan Chung- wah before the action, said counsel,
|
BANKERS ORDER
R. Hancock $25.
MURDER HEARING AT NO BIDDING AT TAIPO POLICE COURT
Continued from Page I
CROWN LAND AUCTION
Two Kowloon lots were sold by the Omces of the Public Works public auction at a sale held at
Department yesterday afternoon. There was no bidding
was consistent with ownership of Producing a framework with the at Talpo, give evidence of the ar- property and not with impersona- bars used for securing the door of rest of the defendants, at the Tiri tion of the owner. Counsel also the house, witness said that the Yuen Teahouse on November, 22. ans 7sed the evidence given by bars could be noticed from the out- Before taking them to the station.
Kowloon Inland Lot No. 4217. -several witnesses who had testified aidèl
witness told accused that he was situated at Tam Kung "Road at that third defendant was not Chạn Lau Bang, in evidence, said that arresting them on suspicion of the function, with Ma Tau wei Kwok-nim and that the latter was he knew both defendants. The robbery resulting in the murder of Rogd, comprising an area of "about known also by an alias, Chan second defendant lived next door Lam Po. Meanwhile firs defen- 2870 square feet, was purchased Chung-wah, and submitted that to him, and first defendant oc- dant told witness that he had no by Dr. Basil Thompson, of No. 33, thetr evidence Was true and cupied a
house beyond that of the intention of doing it....
"Jordan Road, at the upset price -decisive evidence,
second." On the night of November;
SON'S EVIDENCE
of $2,003. On the question of estoppel, Mr. 5, witness was working in his house Cheung Kew, 46, travelling trader New Kowloon Inland Lot No. Sheldon submitted that the plain- until sometime after 10 or 11 pm and son of the, deceased, said he 2759. adjoining New K. I L. No. tiffs were estopped from recover-He heard the barking of a dog: lived with his mother. He was 2861, Castle Peak Road, with an ing from the defendant because of and on opening the door to see born in Rok To Low Village and area of about 6,720 square feet, their complete silence after dis- whether there was any wild boar came to live in Taipo Market. He was bought by Mr. Yau Kiam-fe, covery of the fraud: The true test about, he saw first defendant pass brought his mother from the vil merchant, of the Tai Hang Rubber was whether the conduct of the over the fenced wall.
lage four years ago. Whenever he Factory, Nos, 1-9, Yen Chow Street, plaintiffs had caused the defendant
lost money in trading. his mother at the upset price of $8,720. to lose whatever remedy or re-
would give him more. The money course he might have had agamit
which was given to him would be Chan Chung-wah.
CROSS-EXAMINATION
VILLAGE ELDER CALLED
Luk Shing-pe, 70, village elder,
of Bal, Kung Village, said that he
was sleep in his house on Novem-; returned if he made profit.
ber 6, when he was awakened by On November 3, he left Ap. Ma
Before Mr. Sheldon spoke, Lo three people at 5 a.m. After the Liu to go to trade in Chinese terri
said he had witnessed.
found a fin containing $32.10, | buried in a pile of rubbish. CHICKENS MISSING
tha
Kwok-mi, solicitor's Interpreter, rio had made a report to him, he tory. Three days prior to his de was cross-examined by Mr. Porter gave them advice. He knew de- parture he gave his mother $30" in connexion with a title deed in ceased, her son and both accused. Hongkong currency, Nobody knew Witness further · statea the Land Office in 1934 which he On November 8. he met second how much money his mother had, there were four pigs in the house defendant, Lau Tau, who was ques- but He thought that she had about on October 31, but his mother had Lo had stated at the previous toned by witness, as to whether $10 with her at the time.
sold two that day. When he left hearing that of the persons present he had committed the murder. Returning on November 22, he the house there were 19 chickens' at the time the deed was signed Lau Tau denied the allegation. found his house door locked, and in all, but he found a certain num- he knew only Chan Kwok nim On the following day, Lau came witness then proceeded to Chens her were missing: allas Chan Chung-wah who, how to witness place to buy fish. Wit- Tau where he learned of the death Asked if he was married, witness ever, was not the third plaintiff, ness again asked him about the of his mother. Witness went to sala that big kit-fat wife died in He did not know a man by the crime. On, Lau's denial witness Sai Kung police station the follow Chilna, and he subsequently mar- name of Chan Kwok-yiu..
told him that two policemen were ing day to make a report, wa
ried three or four women in Tal- On November 24, accompanied po, but all of them ran away, the one of the four persons mentioned and asked Lau' to meet them. by Detective P.C.C. 883. witness first haring absconded in the 8th In the document which you inter- Wong Kut, LS.C. 436, stationed made a search in his house and moon.
Mr. Potter: Chan Kwok-ylu was wiating for him at Cheng Tau,
#
THE
TUESDAY, JANUARY 9, 1940. -PAGE 5
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