HONGKONG DAILY PRESS

PUISNE JUDGE REMARKS UPON SCANDALOUS STATE OF AFFAIRS IN

MONEY-LENDING CASES

THE "SCANDALOUS STATE OF AFFAIRS" AS REVEALED FROM EVIDENCE ADDUCED BEFORE HIM IN MONEY-LENDING CASES was remarked upon by the Puisne Judge, Mr. Justico P. E. F. Cressall at the Summary Court yesterday when he gave judgment to S. W. Fattedad. The second defendant in an action brought by Muila Singh, through his attorney, tlarnam Singh, watch.an. of No. 20 Percival Street. third floor.

Plaintiff was represented by Mr. M. A. da Silva, while Mr. Alfred Y. Hon was for the defence.

In the statement of claim, plaintiff stated that the first de- fendant, Lam Chung-ye, of No. 31 Swatow Street, ground floor, and second defendant on Feb. 17, 1932, promised by their joint and several promissory note to pay plaintiff jolniły and severally the sum of $1.000 bearing interest at the rate of two per cent. per month.

Delencanta failed しい pay the within the last three years there amount and Interest thereon had been acknowledgment by him secured until Nov 10. 1939 when this ht for unless he can do new arrangements were arrived at that the debt is statute barred. by which all previous interest in nee this transactim aroso in arrears was to be walved and the Fearunry, 1932. actual amount o $500 to be repaid,

170 DEATHS

FROM T.B.

GENERAL

Serious Motor-Cycle Accident

P,S.I. WOOD, RA. BADLY INJURED

a serious motor accident on Tues- day night.

Battery Sergt. Major "Timber" ! The following is the Returns of notifiable discases notified as hav-to the B.K.V.D.C.. was involved in Wood, Permanent Staff Instructor ing occurred in the Colony aur- ing the week ending at midnight on July 5:

It appears that P.SI. Wood was Cerebro-Spinal Fever, the cases returning after battery training (one death); Cholera, 62 cases with the Volunteers from the New (21 deaths); Diphtheria, four Territories at Lowu. He was rid- cases rone death): Dysentery, 34 ing a B.S.A. motor cycle and was caser (28 deaths); Measles, one preceding the rest of the men, who case: Tuberculosis, 208 cases (170 were tollowing in trucks. deaths),

MONDAY'S RETURNS

The Returns for the 24 hours ended at midnight on July T is as

Before 1 go on, I have a low follows:- at $25 per month and the whole general remarks to make becoming due on demand on de- 'money lending cases that have fault of

one Instalment of come before this Court, and I do

about! Cerebro-Spinal Fever, one case, Chicken-Pox. one case; Cholera. such sum bearing Interest at two not want to mince words when 110 cases: Dysentery, eight cases:

per cent per month.

Tuberculosis, 35 cases.

TUESDAY'S RETURNS

PLUNGED OFF ROAD Near the Equine Sports Club, up Shatin, PS.I. Wood rossed the bend in the road and his cycle plunged into a deep ditch by the

sea.

He was picked up by villagers and taken to the Equine Sports Club where first aid was rendered by the part of Volunteers who had in the meantime reached the scene and been informed of the

tu

assert cat in my expertence on Defendants. plaintiff alleged, the Bench here in these money. paid the first instalment but de Junding cases, the evidence ad-

The Returns for the week ending, accident faulted in subsequent instalments duced before me disclosed what 1 at midnight on July 8 is as follows: P.S.I. Wood was later sent and had not repaid the balance of call a scandalous state of affairs. Cholera, six cases; Dysentery, six Kowloon Hospital 10 an am- $475 or any part thereof. Plainunn us much as people are apparent-cases; Enteric Pever. six cases;bulance, and his condition is stated claimed the sum of $608 made up ly allowed 10 lend money at Tuberculosis, 55 cases.

to be grave.

of $475 plus $133 interest from labulous rates of interest and to

Feb. 17 to Nov 10, 1939.

UNDISCHARGED BANKRUPT

Before the proceedings begun Arst defendant sald he was an un- discharged bankrupt and dented any ability. Mr. Silva then sald that in view of that fact be would withdraw the case against him.

Harnam Singh said he was the brother-in-law of Mulla Singh and had been looking after the affairs of the latter who was ill in India. He saw second defendant in Nov. 10, 1939 when the

new arrange- ments were made On that day second later pald him the sum of $35

Fattedad sald he signed the

promissory note as a guarantor and denied meeting Harnam Singh and making with him the arrange- ments in Nov., 1939.

addition to that, to actually make the borrowers undertake to repay double the amount of the loan, The scandalous part, to my mind. 15 the double rate of interest charged.

If people are foolish enough to go into these undertakings, they

so far as I am concerned I am not have only themselves to blame, but

allow such going to

а state of affairs to go quite clearly that in any case in I wish to say

which it is shown to me that jus- Lice demands it. I propose to re- open the transaction and allow the

money-lender a reasonable rate of interest on the actual amount borrowed and nothing more.

CLAIM NOT MAKE OUT Coming back to this case, it is quile clear that Plaintiff has utter-

Three Sanitary Department Coolies Accused Of Demanding Money With Menaces

Further hearing of the case in which three Sanitary Department coolles, MOK WAH. 26, PAU SHIU-CHEEN, 32, and LI KWAN, 23, were charged with demanding $30 with menaces on June 17 and June 18 from Sle Shiu and Kong Tal with intent to steal same, was adjourned to July 11 by Mr. H. C. Macnamara yesterday at the Row- toon Magistracy.

The ac used were also charged with extortion of $20 from the same complainants on June 18.

First accused was additionally be in uniform, who asked him

He licensee of the atali,

Lam, in answer to Mr. Bilva, saldy taled to make out his claim. To charged with demauung $1 with (Kong Tal) to go to the Tung Fong that he borrowed the money for do so, he must satisfy me that menaces from Hui Lok with Intent Restaurant and also to bring, the himself and Fastedad only signed Second Defendant on November 10, to steal same on March 28. as a guarantor: Questioned by his 1932, went to him and undertook was also charged with extortion of Lordship Lam stated he borrowed repay this amount in accordance $1 trom the same complainant on $450 and undertook to sign for over with the conditions stated in para-i On that' $1,000. He had repaid $800 at $40 Braph two of the claim. per month in interest.

puint, I have no hesitation in say-

THE JUDGMENT

the same date.

WENT TO CAFE

The mother and sen went to the cafe and on reaching it, saw all three accused, who were attting in a compartment. The first accused

THURSDAY, JULY 10, 1941. -PAGE 5

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MERCANTILE BANK REPORT FOR 1940

Mr. J. M. D'Almada Remedios ing that I accept the evidence of appeared for second and third ac-

The following are excerpts from Second Defendant and do not accused, while first was not legally was alleged to have done all the the annual report of the Mercant Giving judgment, his Lordship cept the evidence of Plaintiff's represented. Det. Sgt. N. B. Fraser talking in the conversation that tile Bank of India, Ltd., which said: So far as First Defendant is witness. In my opinion he has was in charge of the prosecution, followed. The first accused was was presented at the annual meet-Y concerned, the Solleitor, for the told deliberate lies. I find that no The complainants were Blu Shiu alleged to have demanded $30 asing held on Dec. 31, 1940, at Win- Plaintiff has withdrawn the case acknowledgment of the debt was and Kong Tai, mother and son, the licence which they neid was thester House, Old Broad Street, against him. and that claim is made by Second Defendant since respectively, and the former was not their own, but was hired from London. at 12 noon:- therefore struck out. I have now February 17, 1932, and therefore, licensee of cooked foodstall No. 17 somebody else. only to deal with the case against the debt being statute barred, he at Dundas Street, while the latter Orst accused was alleged to have Account for the year amounts to The money, the The balance of Profit and Loss Second Defendant In order to is entitled to judgment. There wil) assisted as a foki. make him liable, Plaintiff would be judgment for Second Defendant on June 17, the son was approach- clerk ($15) and Ave dollars each available after adding £179,838 14s

About 8 p.m. said, was to be divided between a £193,108 9s. 7d. and the amount) have to prove that sometimes with costs,

ed by a Sanitary Department coo- for the three accused, and upon 94. brought forward from last Ac- payment of this amount there count is £375,145 4s, 4d. From this would not be any trouble for the sum has to be deducted £03,000, complatants.

being the Interim Dividend of 6 Kong Tat, however, said that the per cent, less Income Tax, on the licence was his mother's, but first "A" "B" and "C" Shares paid in accused replied that it was not, September last,

STRANDED MINES

EXCELLENT MORALE OF CHUNGKING POPULACE TRIBUTED BY COLONY POLICE CHIEF Efficiency Of Relief Units Unequalled Even In London

A TRIBUTE TO THE EXCELLENT MORALE OF THE CHINESE PEOPLE IN CHUNGKING during Japanese bombinge was paid by the Hon. Mr. J. P. Pennefather-Evans, Commissioner of Police, who re- turned to the Colony on Tuesday night from a seven-day visit to China's wartime capital.

Mr. Pennefather-Evans, who went to Chungking on his own ini- tiative to study Chinese methods in coping with the Japanese air raids and to get actual bombing experience himself for reference in Hongkong, declared that he was deeply impressed by the cheerful- ness of the people there

"There is absolutely no down- heartedness." he said.

Regarding the air raid shel- ters in Chungking, the Polico Commissioner said that they are the best he has ever seen. They are well-constructed and are Installed with ventilators and telephones following the suffocation tragedy. recent

DANGER TO LIFE AND PROPERTY

The Naval Authorities give notice thal

no

As the complainants had

The Directors have added £13,000) money that night, it was arranged to the Officers Pension Fund, writ- that they should meet the follow-ten £25,000 off Freehold Banking ing day at the same place.

Premises, and made an additional The mother then reported the allocation of £30,000 to Contingen- matter to the Taumati Police

cies Account. They have declared Station and was given two $10 A" "B" and "C" Shares of 8 per a second Interim Dividend on the marked notes by Det.-Sgt. Fraser.ent, less Income Tax (making 12 The money was handed by the per cent. for the year), and, as during Typhoon Weather mother to her son, the atter not they do not recommend any fur- moored mines are liable to break knowing that she had aready got ther distribution, this leaves £181,- adrift. Whilst adrift these mines in touch with the Police. The 745 4. 4d. to be carried forward. ure safe, but if they drift ashore following day, mother and son met The services of the Right Hon. among rocks and are pounded on first accused at the cafe where the Lord Catto of Cairncatto being re- the coast. they are able to ex money was alleged to have been quired by His Majesty's Govern- plode.

produced and handed to first ac-ment, it became necessary for him Any person seeing a mine ashore cused. As they got up to leave, to resign his business appointments for drifting near the shore two detectives arrested first ac-stud he accordingly vacated his anbuld at once

telephone the cused and the money was found seat on the Board on June 30, 1940, nearest Police Station, giving the in his right hand.

ocality and the exact position of

A note book which was found the mine, with reference. to a on first accused person at the Po- house, pler or beach,

lice Station revealed a number of

A Naval Party will then be sent. Dames and addresses which also.

to render the mine harmless, but involved aumia, of money.

unit that has been done all per-

The Directors record with, deep regret the death of their colleague the Right Hon. Lord Abertay of Tullybelton on Dec. 6, 1940.

Sir John, George Hay has been appointed to a seat on the Board; and under Article 97 of the Articles of Association, offers himself for

The Palice Commissioner went through three air raids during his brief sojourn in Chungking. and took refuge in both the public and private shelters. Mr. Pennefather- Evans expressed admiration for the speed and efficiency with which, The tracody, he onserved, di the wounded were sans care of not affect the whole situation. and streets cleared of the debris Mr. Pennefather-Evans.. AIBU after the raids,

praised highly the Ways with Once, he said, he drove out in a which information on the approach distance between the areas sur Chungking. General Wu Te-chen, re-election-Air. C. H. Ting, Hon. ear to watch the relief units at or air raiders is received in Chang-rounding Chungking with coloured Secretary-General of the Central R. H. Vivian Bmith, work. He saw first aid being ad-king. There is always about an sga denoting the whereabouts of Kuomintang Headquarters, Mr. Auditors. Mesars, Cooper Brothers It will be necessary to appoint minlatered to the wounded, debris hour's lapse between the first the enemy plans. At a glance. Hellington K. Tore Vice-Minister & Co and Messrs W. A. Browne & in the streets being cleaned up. warning and the actual appear people will know where the raid of Publicity, and other high rank Co. the retiring Auditors, offer bomb craters being filled up and ance of the raiders. During the ers are.

mg Chinese officials. He said he themselves for re-election,

sons should keep clear of an area General Ho Yad-tau, Director of re-selection. within a quarter of a mile of the the Main Office of the National

The following Directors retire był mine, any dwellings within this Military Council, General Liu Shih, rotation under Articles 110 and 117 area being evacuated temporarily. Garrison Commander or Chups being eligible, offer themselves for of the Articles of Association, but, king, Dr, K. C. Wu, Mayor of

CHILD KILLED

telephone and telegraph wires be-first warning people pack up their Mr. Pennefather-Evans revealed was very well received by them all ing repaired. In about two hours belongings and go quietly and lol that during the bombing on July who were very friendly and help- tine'the whole elty was cleared up surely into the dug-outa. Tiere 7 the British Ambassador's houseful and gave him every assistance. and "normalcy, was restored. is no rush and hurry. Ten min was damaged by shradfiel. Doors FOTICE ACADEMY A five-year-old child, Loung BEAUNEQUALLÆD EFFICIENCY utes before the appearance of the and windows were blown out, the He visited the Force Academy Ching war run over by a lorry Buch rapidity and efficientsy is raldere an urgent alarm is raised. delling oaved in and furniture was in Chungkingle institution, he and killed sa the attempted to unequalled oven in London, he re- RAIDERS CHARTED

Hanid, le a melting pot of the best run across Cantor: Road near No. marked. The relief squads are tie- Air raid warning, he continued. While in Chungking, the. Felice of police administration in various 130, Canton Road,, about 6.10 pan. dinary citizens but they are ex-is given by hoisting a ball and Commissioner met Dr. Quo Tai-chi, countries and yell organised and yesterday. She ran into the left cellently trained and organised for sounding the strens. In the shel the Foreign Minister veiler 200 operated, there are over 1,000 froit, mudguard for the oncoming

tors, there are charts showing the Vingobing Minister of War andeth under training,

lorry,

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