IMPORTANT
·DECISION,
LEGAL inserting the words "in secord.
ance with Chinese law and cuẨ
tom in after the words "next of kin.
THE HONGKONG
WHAT'S IN A NAME.
The Chief Justice having con- Alleged Misuse of the Title "Dr." sidered himself bound by the judgment of the Fall Court in DUAL I LEGAL SYSTEM IN Lau Lang Shiv. La To Teun
HONGKONG..
to hold that the Statute of distric bution of a Ohinese leasehold estate, I. will first deal with that
case...
Before Mr. J. R. Wood, Wong Him, of 82 A Caine Road, was charged with using the title "D;"
TELEGRAPH, THURSDAY, AUGUST 12, 1915.
DAIRY FARM NEWS.
Some of Our
By-products and Specia
before his name, implying that be CORNED BEEF,
had medical qualifications,
CHINESE INTESTACIES TO It is material to note that "the
BE ADMINISTERED AC-
question as to whether the CORDING TO CHINESE LAW. Statute of distributions applied Mr. P. M. Hodgson, the Crown WIE oct argued, bus Solicitor, appeared to prosecute Jadgment was given this morn the direction was given apparent and Mr. F. O. Jenkin, barrister, ing in the Fall Court Appeally's a matter of course. This no instructed by Mr. L. D'Almada e case concerning the estate of Ho doubt relieves us of the necessity Oastro, defended. Chan, deceased, in which Bo An of investigating the reasons which Shi and another were cited as influenced the Cart in making Mr. Hodgson said that certain plaintiffs and To Tee Chrn and that order, but it also shows that facta were admitted and he did the practice of the Court has been not think any of the facts in the others as defendants. Toe ap pellant was Ho Tse Teun sad the treat the statale as applicable case were disputed. The de- respondents were Ho An Shi, in the loay, en lit would appear, fendant was carrying on business Young Sui Chi, Ilo Hong Chung, in the cass of Chinese natater. I as Dr Wong Rim, Herbalist Ho Chang-shi and Chan Ho Shi, was held that the lex domicilii of specialist from San Francisco. the testator in that case, being That had been altered by the respondents.
Chinese, governed the distriba added worde Chinese Medical tion of the pars perronity and it Practitioner " was contrasted with the lex foci, which was held to govern the leasebolde; this was assumed to be the saints of distributione, but the question whether the Chinese law of inheritance could be the law of the Colony was never
Mr. E. H. Sharpe K. C. and Mr. Eldon Potter, instructed by Mr. Balmer Johnson, of Mosers. Dennys and Bowley, appeared for Ho Teze Taun, the appellant who was the first defendant, and Mr H. E. Pollock K. C. inefracted by Mr. Steavenson of Mesare. Dea. con, Looker, Deacon and Hars ton, appeared for the plaintiff,
respondent
Mr. Jenkin:--Sells plasters, pills and powders (laughter).
Mr Hodgson said the question was whether he was legally entitl ed or justified in using the title
"His Worship :-Do you admit
debated, and we may therefore he has no qualifications?
CORNED PORK,
VARIETY OF SAUSAGES,
COOKED HAM,
LARD, SMOKED TONGUES,
&C., &C.
PRESSED BEEF, DRIPPING, CORNED TONGUES,
PORK PIES,
WHICH CANNOT BE EXCELLED FOR QUALITY.
"VORWARTS
SUPPRESSED.
German Socialists and Peace Terms,
Baya!"
10 tho appeal, consider it untrammelled by the
Mr. Joukin asid registration Amsterdam, Jane 26. "Accord- Alabaster, instructed judgments in Lan's case. There was quite different from qualific-ing to a Berlin telegram the by Mr. Aguasiz, of Mesera. Hard- is however another point in that ation. Registration was merely Vorwarts has been suppressed. ing and Agassiz, appeared for case, which it will be necessary for discipline. He was not regia: The semi-official North German the second and third defendants, to consider, and I may as well tered as a medical practitioner Gazette in its political review, Also responde: ts and Mr. F. C. deal with it at once, Ordinance under the Ordinance. Jenkin, intraeted by Mr. Crew, No. 1 of 1857 was discussed, but we are informed by Mr. Potter of Messre. Hastings and Hastings, appeared for the fourth defend who appeared in that cage as well ant, also respondent.
as in the case now before us that Sir Havilland de Singmarez, in it was first referred to by the A written judgment read by the Court and was not originally Chief Justice, Sir, W. Rees introduced by Councel into their Davies, asid:-
arguments, nor does it appear to have materially affcoted the judgments.
Ho Teun Sen left property as to part of which there is an intes taoy, that part consisting of Crown leaseholds in the Colony of Hong- kong.
The relationship of the parties to this auit, who as well as the testator are domiciled Chinese, is
set out in the 6th paragraph of the affidavit of Mr. Rose, which
as follows:-
is
"According to the said declare-
as follows. The Testator Ho
methods.
LANGKAT OUTPUT.
Mesara. Wright and Hornby advise us that the Langkat culpat for the current month is ae: follows:--
Summit
COLOUR FAST
ZEPHYR SHIRTS
EVERY SUMMIT.” SHIRT IS GUARANTEED FAST IN COLOUR, PERFECT IN CUT AND WORKMANSHIP.
NEW PATTERNS INOW SHOWING AT
& CO.,
MACKINTOSH D
MEN'S WEAR SPECIALISTS,
16 DES VOEUX ROAD.
WM. POWELL, LTD.
August 1
... Тоде 242.
19
238 214
BEDSTEADS
BEDDING.
*
JA
.4
"
248
20
5
11
211
15
+
17
221
235
22
8
Th
30
9
73
229- 298-**
CHINA
10
225
UP
215
Total to 11th inat. 2,500
Daily average
227.28
TO-DAY'S "ADVERTISEMENTS,
PUBLIC AUCTION THE Undersigned has received Instructions to sell by Public Auction on
MONDAY, the 16th August, 1915, com- mencing at 2.30 p.m. at his
24
Sales Rooms, Duddell Street:
A Quantity of Valuable Household Furniture.
comprising:
Mr. Hodgson said the attitude of the Crown all along had been Party in Germany publish ouder The leaders of the Socialist
Socialism and quite friendly; letters had passed the heading between himself and Mr. D'Al-Peace" a manifesto ebowing how mads, and he was instructed by German Socialists have done their the Government to ask his Wor-duty in the fight for the national ship to call upon the defendant independence of Germany, and to remove the word "Dr." as it how their peaceful endeavoure wae unfair to the real medical have been taken up by Socialista in Tois Ordinance applies the Act Profession here and that he bad belligerent countries, and stating no legal right to use the name. that the great masses of Socialiste 10 and 2) Vict. 0.24 repealing sec.
Mr. Jenkin said that Mr. in England and France belong 4 of the Statute of distributions Hodgson would have to prove ing to the International Union but excepts its application wilful and false use of the term have decided to continue the war in to far as it may be deemed to within the meaning of the ordin-band-in-hand with their Govern- affect the customs or usages of Chinese people, teaching the dis-, with intent to lead people mente until the complete conquest tribution of the personal satate of to believe that he was qualified to of Germany. La spite of this Chineze persone dying intestate." practice medicine and surgery statement, the Socialist leaders Piggott, Chief Justice, deals acoding to scientific modern invite the Government, thereby By making known their own war tions the fsels would appear to be with the ordinance, but does not Defendant said he was sixty-five sims, to saneance, on the ground
bold, so far as I understand him, Taun San died in 1894 leaving that the exception in that ordin-years of age and at the age of 23 of the favourable war situation surviving him a witow, Bo Lamande relates only to moveables. Youre he passed an examination created by the bravery of our com Shi who died in 1919, his oldest Gompertz, Jadge, on the other at the Heungehen Hospital. The patriots, its willingness to enter son Ho Tat Feo who died in 1996, band specifically says that it is examination was directed under into peace negotiations in order
a taving clause for Chinese cus were sent to Peking and he was fighting.
the Imperial decree. The papers to terminate the sanguinary and a daughter Ho Oi who is still living and in married to one tome and usages with reference placed on the register of medical For the publication of this Chan Dhung Kwai, The Testator to the personal properly to which practitioners by the Viceroy and manifesto, and having regard to Foo and bo Ho Fco who both that is to moveables," I can find the director of the Kwangtung the censorship still existing coa Toak Sideboards with Bevelled also had two other sons Ho Tai those customs properly relate,
Province. Ho passed a farther cerning the discuss'01 of war Predeceased him; the said Elo no reason in the report of examination at the Kwan Chau sims, the further pablica ion of Pat foo left a widow Flo Chang the case for this limitation, Hospital and he received a the Forwarts is
forbidden. Shi who still survives and bad and indeed 1 should have diploma signed by twelve men. The manifesto. ia
that assges
highly two sons Ho Tez Teua and lo thought
Mr. Jenkin:-The only thing to be regretted, because this at and one daughter who predeceas: round immovable than movable he has not to do is exact tempt to anticipate the decisions Hong Chung who are now living, Goms are more likely to cluster
heavy fees, (laughter). It is a of the Government will create Why the Statate was ed the Testator; the said Ho Tai property. Foo left earviving him one on applied na it was, is a little dificult good job he did rot go to the Bar, a highly undesirable impression
(laughter).
abroad and also probably on the Ho Tez Yee who died in 1913 and to say; but its scope is limited
Defendant said after practising majority of German Socialista. one daughter Ho Yak U who is and Lam only at pressat concerned in China for ten years he went to
The semi-official organ points now living and is married to one to enquire whether the limitation San Francisco. On December 16, out that she manifesto may be Yeung Sai Chi; the said Ho Lio put upon the exception by Go 1802 he received from the Chinese interpreted abroad as war wear. Foo predecessed the Teststor but portz, Judge, in justified. This is there appears to be a dispute as the history of the enactment: by Legation at Washing on a certifio-nees, which is not existing in to whether or not he was married section 4 of the statute of disate by the Imperial Chinese Mia- Germany, and concludes:
star, Plenipotentiary and Envoy, If the progress of military and as to whether or not the said tributions the ecetoms of London recognising him as a doctor. It events and the political situation Ho Hong Chung was adopted as and York and other places are was from Mr. Wa Tiu Fang. offer prospects of successful peaos
+xcepted from the aperation of
By the statute 18 & On November 28, 1932 he got a deliberations the German Govern It is only necessary to add that the stainle
certificate from the Chinese Legament on its own accord will do
his son.
and
the
many,
"Hold out."
11
Teak Hatatand with Bevelled Mirror, Overmantels with Bavel ed Mirrors, Writing Table Tapestry covered Armchairs, Carpets, Rugs, Brass Fender, sta Mirrors, Teak Extension Dining Tables and Chairs, Ice Chest, Onoking Stove. Dinner Service, Cutlery-ware, eto,, etc.
Double and Single · Brass Mounted Iron Bedsteads, Ward robes, Dressing Tables with Bevelled Mirrors, **Chest-of- Drawers, Marble Top Wash- stands, Toilet Crockery, sto.
also
1
3 Treadle Sewing Machines (now)
Smith Premier Typewriter. On view from Saturday, the 14th August,
Catalogues will be issued. Terms: Cash on delivery..
GEO. P. L'AMMERT,
Auctioneer.
COMPANY.
FROM SAN FRANCISCO, JAPAN PORTS, & MANILA. 6.8. SIBERIA”
The above mentioned vessel having arrived, consignect of
TELEPHONE. - $46.
FURNISHING SPECIALISTS.
LOOSE COVERS. BY
COMPETENT WORKNER,
OURTAINS"
GRETONNES.
J. ULLMANN & CO.
The French Jewellery House.
Grand Assortment in
WRISTWATCHES.
PRICES RIGHT.
CLASS.
A DIAMOND MERCHANTS WE TO LEADING in the Esat.
COLUMBIA
6880
6878
"A LITTLE BIT OF GREEN
ENI DREAM
"WHEN I DREAM OF OLD ERIN
ON THE ISLAND OF PINES
"ON THE SHORES OF ITALY
A LITTLE BIT OF CUCUMBER
MY OLD IROK ORGSS
HERE WE ARE AGAIN.
6873
6867
How, ARE WE ALL HERE
6820
{
HERE WE ARE AGAIN"
6813
Bong.
RECORDS..
Duste
Harry Champion
Kings Military Band,
Kirkby
THE FLAO THAT NEVER COMES DOWN, Lattimer
E
LANDING OF THE BRITISH TROOPS IN)
FRANCE WITH THE FLEET IN ACTIJN
Kings Mil. Band
CALL OR PHONE: 1322
THE ANDERSON MUSIC CO., LTD.,
6, DES VŒUX ROAD.
CHAMPAGNES.
PERRIER-JOUET 1906 VINTAGE.
PINTS.
$88.00.
cargo are hereby notified to send PRICE PER CASE. 1 DOZ. QUARTS, DUTY PAID $80.00 in their hills of lading for coun- delivery of cargo from alongside. tersignature and take immediate Cargo impeding discharge will
signee's risk and expense, bo landed immediately at con- Cargo remaining on board August, 18th, 1915 at noon will be subject to landing charges 17th 1915 at 5 p.m. will be age charges,
MOET AND CHANDON'S
DRY IMPERIAL.
for the purposes of this appeal 20 Vist. c. 14 this sections on at Washington sigued by the what is necessary. Till then can FACIFIC MAIL STEAMNḤIP The adoption of Ho Hong Chung repealed, and in consequence Chinese Minister recognising him only be one watchword for Ger- by his uncle is assumed. The the castima concerning
sa a member of the Chin.988 distribution of the person medical faculty. He had to rights of widows, daughters, and
estate of intestates: adopted obildron, as well as that al of the eldest son differs under termiarted. In the Ordinance change his certificate every time there was change of Ambassa English and Chinese isw, and this No. 1 of 1957 the same collocation dor. On November 20, 1909 he to-day, according to the disease, appeal is to determine the law to of words is employed, and in the received another certificate from as he did forty years ago. He be applied to the division of that saving as to rights acquired we Mr. Sa Pinz Chan, the Consul had not been through a cour part of Ho Taun Sap's estate as find usages souching the dis General for Obins, San Franciscs, in any modern hospital. Ho
tribution of the personal estate of to which there is an intestacy.
On the 20th June 1910 an Chinese persons dring intestate." saying he had effected many re had treated non-Chinese, but he
markable cures by his herbs and treated them in the same way. originating summons was taken The oases cited on the custome
big
medioal "treatment. On Mr. Jenkin taid defendant had oot by Ho The Yee asking for the coatemplated by the statute of administration of the estate of Ho distributions show that leaseholds February 16, last year he received not in fact led people to believe
A further certificate from the by the use of the word De were subjet to those customs, and Chinese Consul Gener at 8in that he used modern mehada Teur SAD.
An Order followed in due course therefore included in the words Francisco testifying that he was and secondly if he had, be bad with leave to apply. On 23rd personal estate in the statute. a well-known, practising physi- not done so willally and falsely and if undelivered: Aurust, July 1913, a special case was It seems to me that it would be cian of regalar standing in China. The summons wee a little want- Justice held that the bequest instruction to say that the Inell ineid say, to mabo it any offence, etted on beating which the Chief contrary to the canons of con- In all the documents from America ing in that respect, because it which his opinion was asked was worde "personal estate" had two Mr. Jenkin You returned to that he was using a title calcolat void as offending against the rule different meanings in what my Hongkong to enjoy the Autumn où to induce people to believe be of perpetuities, and he ordered be called one enactment, that is of your daye last year I think was qualified to practice medicine that an enquiry should be held to say the applied statute and the laughter)?? Defendant-Yes, according to modern scientific 13 ascertain the next of kin. This exception upon it. The fact that Continuing he said he practised methods. Order was subsequently explained lesaeholde ara not part of the medicine but not surgery He No one reading the defendant's No claims will be entertained by the learned Jadge, when he mobilis quas sequuntur personam, thought from bie diplomas and big would believe on going in-unless accompanied by short de PRICE PER CASE. 1 DOZ, QUARTS. DUTY PAID $40.00. Tointed out inst he was bound by a point argued in Len's case, the case of Lau Lung Shi V. Lan not seem to me to off of the con- experience he was justified in side he would find a man qualified livery note or list of excepilons
using
the word Dr Ho bad as a practitioner socording to taken at the time of delivery to Po Tarn (6 HK. LR 149) infraction of the words personal and it for forty years modern scientific methods. He consignees and signed for and on order that the leaseholds of which estate in this ordinance; I thi
Mr Hodgson
noted autho Thies with regard to bahalf of the Pacific Mall S.§. Co
All claims must be filed on or wilful and false usage having before August 24th, 1915, other- the estate coraista devolve under that Gompertz, Judge, cam
wrong conclusion, and
sought roats and to be proved, and that had not who they will not be recognised. the Statute of distributions, **From that Oder this is an which he would not have.
Ines. He been proyed in this chic 21
B. O, MORTON, had the matter been fully
Ho His Worship reserved his decis Continued on
Hongkong, 10th August, 19154
and we are asked to vary the direction to the Registrar by
dosa
Fuund purely
the same
barb
editinsonk
will be effected.
subject to both landing and stor- PRICE PER CASE. 1 DOZ. QUARTS. DUTY PAID $74.00%
2 PINTS.
$77.00. No Fire Insurance whatever All chafed and otherwise dam- Aged cargo will be examined at the above Company's godown August 18th, 1915 at noon.us
CUILLEMART EXTRA DRY.
SOLE AGENTS
GANDE, PRICE & CO., LTD 6. Queen's Road Centra Tel No. 135.
Page 5Page 6