HONGKONG DAILY PRESS
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GENERAL
JUDGMENT IN FAVOUR OF HUSBAND: H.K. COMMERCIAL
MAINTENANCE SUMMONS
COMPLAINANT SUFFERED, BUT
BY HER OWN
TEMPERAMENT
WRITTEN JUDGMENT IN FAVOUR of defendant was given by Mr. Q. A. A. Macfadyen at" Kowloon Court on Saturday when The dismissed, a summons against Nip Ping-chuen brought by his wife. Chung xuk-ming, 36, Seeking sepamtion and main-
*tenance.
THE MAGISTRATE ADVISED complainant she might make satisfactory arrangements with bef husband, through her soli- citor, concerning her request for separation other than by the Court.
ROUND THE
POLICE COURTS
AT CENTRAL
GAMBLING RAID
INSTITUTE
The eighth commencement ex- ercises of the Hongkong Commer- cial Institute were held at the Queen's Theatre yesterday morn ing when 174 students were gra duated and 31 special prizes were awarded to students who had distinguished themselves.
ir
The Hon. Directors of the In- stitute Mr. Ip Lan-chuen, JP, and Mr. Tse Ka-Tse-po, JP., were present to distribute the London Diplomas and the prizes.
Among those who spoke were Mr. Lam Shum-yan, who read the annual report, Messrs. Wong
Mr. Hin-shing. Lo appeared for status (Westmeath and West-house at No. 235. Hennessy Road, Tong, Yu Hok chun, Chen Kok complainant and Mr. D, McCallum meath 1829. 2 Hag. Ecc. Supp.). for defendant.
FACTS OF CASE
A fine of $50 was imposed on Tong Yat un, 42, widow, by Mr. H.C. Sheldon on Saturday' when she was found guilty on a charge of keeping a common gaming second floor, for, the purpose of man, Ting Wah-sheung and Fong
Lo-chi. playing dice.
of. entertaini Ten other persons, charged with A programme
song
and that included Sambling. were each, fined $5, ment while nine others who failed to dance numbers, Chinese boxing appear had their ball of $10 each and moving picture concluded
Complainant's claim against her Now what are the facts of this husband was that some six months case to which
these considera agu, ne had removed her to ations are to be applied? First, mental hospital against her will relying on Browning and Browning causing her to suffer both physi- (1911) p.161, cruelty is alleged in cally and mentally, and had taken the transmission of VD to the a concubine with her knowledge complainant.. and against her desire.
JUDGMENT
In dismissing the summons. Mr Macfadyen sald:
In applications made to a Court
On this point I can only say that the evidence is too vague. There is no sufficient proof as to the kind of V.D. contracted, or
contracted
sent about. 10 years ago.
estreated.
Table money, to the total of $24, was placed in-the-Poor Box-~-~~-~
Det Sgt. VM Morrisonproje cuted,
STOLE SHUTTLE An unemployed
fällor,
the exercises.
PRIZE WINNERS. Following are” the “successful students
Full Course (Spring)-Lam "Sam Yan (Silver Cup), Lee Yuk Che (Silver Cup), Miss Fung Me Lam
that it was contracted from her Sheung, 37, appeared before Mr. (Silver Badge), Leung Bing Bun, Sheldon-on-Saturday on charges Tong Bing Woon, Sum Bing-Nam, husband-there are many acel
of larceny of a shuttle and a Lee Kwong Yuk, Yeung Hing Choi, of summary jurisdiction for a dental ways of contracting V.D. separation on "the" grounds of apart from sexual relations (Tay-shuttle bon, valued at $12, from Ho Chek Wan; Miss Fung Yuk An, truelty, the principles un which
lor). Further. It was apparently No. 178, Johnston Road, ground Miss Jenny Lee, Tang Pak Wing, the Court must act are similar to
first in about 1920.00, on August 14, and theft of Chiu Pakwan, Lal King Cheung,
ja singlet on June 18 those on which Courts
Lu Shek Chang, Lee Man, Chan with di
Kung Sin, Chow Hel Hung, Mickey vorce jurdiction must act.
Yuen. Natuni, Chang Kai Tek, Lo Wan Man, Tang Kwok Leung.
̈‚Full ̈ ̈ ̈ ̈Course----(Autumn) :-Chan Ka! Hop (Silver Cup), S. E. Bux (Silver Cup), Wong King Keung (Silver Cup), Tan Sari Tong (Silver Badge), Miss Chan Sin Mal (Stiver Burige), Ho Chun Man (Silver Badge). Miss Fung Wing Mel (Silver Badge), Miss Rose Lee POSSESSION OF LETTERS
(Silver Badge), Miss Tang Yun Charged with possession of two Mun (Silver Badge), Miss Wong Shui Yue (Silver Badge), Miss Shiu The real ground of complaint letters, for the purpose of con
of the Colony Fun (Silver Badge). Miss Tam is the defendant's alleged chang-veying them out
and again was found to be pre- Det-est. Morrison, prosecuting, There said that defendant was employed These, in turn, are based on de- is no evidence as to whether this as a tailor in the shop. On Aug. cisions of the Ecclesiastical Courts was-8-fresh Infection or not. In 14 he left without giving-notice. which formerly exercised juris any case it is far outside any
At 11 pm, the next dy the mas- diction over matrimonial cause."
possible period of time this Court
ter met defendant at Sprins Since the Ecclesiastical Courts could be asked to look at for the
Garden Lane and had the latter and did not want to weaken the mar-purposes of this summons.
arrested. riage the except for grave cause has long ago been condoned. the definition of what constituted only fair to add that the com-imprisonment on the first charge saevitia, or legal cruelty, came to plainant has not relied on this and 14 days on the second. be, shortly, such conduct, as to evidence to establish cruelty. cause danger, or a reasonable ap- prehension of danger, to life. Emh og health.
CASE IN LORDE
,.GROUND OF COMPLAINT
It Ip was sentenced to one month's
to Canton.
HEAVY BAIL
iC
2
ed behaviour towards complain- otherwise than by post, an assisChol Fun (Silver Badge), "Wong The attempted modification ant after he began living with a tant accountant, Chiu Shing-Yue Kut (Silver Badge), Fung suggested by counsel for Lord woman who was recognised by his 23, of No. 169, Lockhart Road, first Chung Fun (Silver Badge), Yeung Russell, in Russell and Russell family, though never formally by floor, of Yokohama, Japan, was Kwok Hel, Chan Wah Lam, Chu as a concubine. Even fined $20 or, in default 21 days' Shui Shun, Wong Yat Kuen; Lau (1897) A. C. P.395,, that it need his wife, only be such conduct as to make this relationship, however, began imprisonment by Mr G.T. Lowry Kam Lam, Lee Kwan Chung. Mo Tse Fun, Miss Tang Pin Ngan, co-habitation (morally) imposa four years ago, to the knowledge, on Saturday.
The two letters written in Jap: Wong Tin Tsun, Lau Klu Wan, ble, was
not accepted by the though not with the consent, of
On this point. Ianese were found on the person of Yau Tal Chung, S. J. Bux, Wong House of Lords. It was pointed complainant. out that there is, therefore, a dis-will only add that, even though defendant when he was searched Ming Kow, Chang Chek Po. Miss tinction between what might concubinage would not now be on Friday on the Tung On Whart. Wong Lai Ching, Ho Kim Hung, Defendant said that they were Wo Man Ying, Chan Lun Fal, Pud popularly be termed cruelty din-recognised by modern Chinese
and Law. I must take note of the so- given him to be conveyed to Wing Chiu, Chan Sha Chun, Lee cluding 'mental cruelty") legally recognised cruelty. There clal status of the parties, and of Macao and from there to be sent Shiu Ying. Lai Chung Lau. Ng Chow Kuen, Chang Kwong Chek, is no definition of "persistent" Chinese custom In Hongkong.
Lee Chok Yu, Hoo Hang, William By both standards the Here cruelty, but, according to "Stone"" and "Halsbury" and other au- taking of a concubine is not sol Alleged to have "had "in their Young, Yeung Pak Lay.
Book-Keeping and Accountancy thorities, it means something more extraordinary as to constitute de-possession 90,000 heroin pills at Course: Leung Kan Kiu (Silver Chik than would entitie a petition in liberate cruelty on the part of the No. 5, Fung Wong Terrace, a Wo Badge). Sung Shiu King,
man, Cheng Ping. and Chan the Divorce Court to a judicial husband.
Shui Kwong, Chan Wah Kuen, separation (Cornall and Cornall We now come down to modern Hung, unemployed, were charged Ching Jing Ho, Luk Ying She, Au 1910, 74 J.F. (379), though having times. within the ambit of the before Mr. Lowry on Saturday, and on, Yip Woon Chang. Tong Wing Pow Kam essentially the same meaning. .... summons. August 1939. In that were remanded one week on the sun, Wong Tek Che,
month, apparently, the husband application of Senior Revenue GTuen, Au Shek tau. Tae King CRUELTY DEFINED
Chang. Ho Ngai Fong, Lul Ewok These elements of what con- made a promise (unconditional cer A.W. Grimmitt.
according to the wire. on condi~ The pills were alleged to have Hing, Lee Wai Lam stitutes legal cruelty have not tions according to himself) to been found in the premises during Chinese Commercial Course:- been modified by recent case - give up the concubine. However a raid on Friday,
Lo Hon Keung (Silver Badge), Suncock and Suncock (1932) p.94 ha did not give her up. This, says -Ball at $10,000 each was allow- Kok Shiq Ying. Wong Yue Chun, (two serious assaults), Donkin complainant, made her very angry ed. and Donkin (1933) p.17 (an as-which eventually made me 111.". sault of a very grave nature in
Since her own doctor (Dr. Law) A remand of 72 hours was grant Hing (Silver Badge), Lee Luen 1933, following on a "violent" as says that she is a highly nervous ed by Mr. Lowry on Saturday in Ming (Silver Badge), Leung Shing sault in 1928). It is true that imerson, a fact which was apparent the case in which Cheung KamKing. Pun Yik Nam, Lok Wing) cruelty has been defined as "the when she gave evidence, this was yiu, allas Cheung Kang-shuf. 29, Ming,Lai Wai Pak, Lee Kit Fong, ] wilful infliction of bodily of mea not unnatural result. However broker, was charged with posses Lam Bing Yue, Ho Man Yuen, Au pam." Consequently, actual it is a result which must be attri. 'sion of a forged document in the Hot Fu, Pun Ki Wu, Shiu Kwok physical violence need not neces-buted more to her own disposition Surveyor's Office Harbour Depart Fai, Wons Hol Shan, Leung Hung "sarily be present, and e.g. a 100 than to any positive act
coarse or systematic neglect and husband.
of her ment, on July 17, 1938, and with to Hing Cheung Leung Yau Tim Insult continued until the wife's health breaks down or is proved 4y=====[];}ya==be "bycale down-under-
tal
SUICIDE FAKED -next-incident-w======
ALLEGED FORGERY
W
uttering a forged document. to wit, a letter of recommendation,
Mr. FA de B. Botelho is appear-
the strain is cruelty, (1891), but, 21. 1940. The husband having ing for defendant while Det Sub not "mere neglect and want, nt been absent from home for some Insp. J. O'zinovan is for the affection.
days, complainant went to look secution Even where. there is physical for him, finding him eventually violence persistent cruelty means with his concubine.
i
Ho Sui Fun.
Typewriting-Miss Yeung Che
Lam Tek Leung. Wong. Fong Yee, Lau Shek Fong. Loon Wing Fong, Lee Ping, Chan Tek Yue, Lee Chek | Liu To Wing Hung Ho Kum Yuen, Leung, Kim Yu, Tse Kwai pro- Fong, Hui Tse Bang, Chang Kun Wah, Chu Man Kit, Tse Ching ARMS AND AMMUNITION San, Man Chung Ping, Lo Wal She frankly Six Chinese, Wong Tuen, 33. Che Chan Kwok 'Che, Yik Kwok cruelty over a period of time, not admits she made a scene, cul-junk master, Wong Ping, partner Ching, Mak Wing Kwong, Lee Yue a sudden act of violence eg dur minating in throwing a cushion of junk, Wong Ting. 34, unem Chun. Hung Wai Chun, Chow Chiu ing a quarrel. In other words the at him, pretending to cut her ployed (passenger), Lau Kwai 42; Kun, Yuen For Wo, Chang Shia Facts of the party complained throat with a chopper, and swal-La Ping, 34, and Wong Ngan, 27; Wai; Lee Tik Hong, Chang Yik against must be wilulk systematic lowing some oplum with the in- all junk fokis, were charged on Pang, Ho Hung Cheung, Yeung Tention of commitung suicide.” Saturday before Mr.KMA. Che King, Glan Singh,Beans and studied, and most have as then actual apprehended In spite of the trying situation Barnett for unlawful possesion of Singh, Bakpshiel Singh, Baseunt effect danger to the life, limb or the husband seems to have be-arms and ammunition.
haved sensibly and considerately.
MadarinAdvance Yip Shui heith of the other party.
It was alleged that they had He sent for a doctor and arranged on board a funk at Shaukiwan on Tin (Silver Cup), Chang Cho Kis QUESTION AT ĮSSUR for his wife to be taken home. Friday six rifles, 220 rounds of (dilver Badge), Chan Yuet Hing The question is, therefore, al- However she was still so angry ammunition and 13 cartridge cases. (Silver Badge), Yuen Kwok Gay, most entirely one of lact for the that when she got home she dell- Court. If there is evidence of berately damaged such studied, serious 11-treatment clothing, and then went to stay of the complainant, by the defen-at her mother's, dant, then the Court bound to make the order asked for...
Or
his
BECAME ILL
J
winter
A remand of 48 hours was grant ed for further inquiries.
Inspector W. Russell is in charge of the case,
Bingh
Shiu Po Chul, Chan Wai Lim, Ying Che Rok, Lee Lap Kun, Ng Che Four. Yuen Kwok Ching, An Yeung Wal Ying. Lati Kwong, Chan King Yoon
Elementary:Wong Yuen Shan
Wing
(Blver Cup), Hou Klu (Silver Badge), Pak Shou Ming (Silver Badge), Lo Hong Ming, Kwan Hoozi Man, Lee Ka Chow, Chan Kiu Nam, Lam Ching Leung, Lau In other words the wife would wat Ying, Ma Kwai Leung, To
SLAP NOT UNNATURAL
As a result of the incident she weeping about what had previous If, however, the evidence does says she became Il again, but ly happened, namely, his taking not disclose these necessary ele-again the cause was mainly in concubine." ments, then no order can be her own temperament. Her hus- made. Finally, the persistent con- hand sought her out, and as she duct complamed of must neces complained of liness, suggested
or could not forget her grievance, Hot Lin, Lee Kwok Wal, Yeung sarily be the conduct towards the ane go to hospital other party and not conduct, how Eventually it was decided that and a slap by the husband in Kal Leung Chang King Tal, La ever murally reprehensible, out-a hotel would be more restful, final exasperation seems not unWo Ling, Pak Ming Chun, Fung side the sphere of the mutual after a few days spent there she natural. The husband then ac- Shiu Mel, Lo King, Chui Sook matrimonial relations of the par- returned home. The day after cused complainant of shamming Ching, Chan Yuen Ye, Pan Pu ties. Further, in considering the her return the next incident - When she denied this ho ac- rin, Pang Mo Tin. Facts of any particular case Tegara curred. According to complain-cepted her explanation the ber-Silver badges awarded to Eng must be had to the physical and ant. "The next morning my hus-se' says about this incident, mental condition of the parties, band scolded me and struck me admit I was emotional" and their character and social with his hand, because I wña | Continued. On Page 8 Col. 6, 7.
fish students Chang Hel Ping Ng Chook leh, Yong Tak Fong, Wong Shu Pul
MONDAY, AUGUST 19." 1940. —PAGE
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