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The acting Chief Justice, Mr. BECAUSE H. H. J, Gamperts, gave judgment yesterday in an interesting Chin- IT
ese case which has been pending since 1918, in which several lakks of dellars are involved. A Chin- THE
lese woman named Ho Cheng Shi claimed, as administratrix of the LONGEST | estate of one Ho Wo Lam, frumg Ho Ngak Lau, for an account of the deceased's share in the Wah Kee Arm in Hongkong, on behalf of Ho Shau Yan, a lad 15 years old, who was adopted in infancy by Ho Wa Lam.
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But the point has never been because in China pleaded, and furthermore the de-
I agree with Mr. Fotter that the '9'expressly recognises the juris- The judgment is as follow:- only question before the Full, diction of the Probate Court but The plaintiff who is the ad-Court in Ho Tu Tann's case 10, provides an alternative procedure. ministratrix of the estate of Ho HALR 69 wa-what was the 1 pause here to sum up my concio- Wo Lam deceased claims from the law governing the distribution of sien on this important question: defendant an account of the the leaseholds of a Chinese in my remarks are conned entirely deceased's share in the business testate? The importance of the of course to the scope of the pre of the Wa Ki firm and payment of decision lies of course in the re- sent the amount found dus. The de-cognition for the first time in this
action. I think that only fendant pleads, among other de-Court of the principle that in
that part of Chinese customary fences which are not now relied this connection domicil is im-of assets has become the law of law which relates to distribution on. ürst-that upon the death of material, and that the Chinese law the Colons. If this is as the Chin- his property passed to, and vested of the Colony, Bat the decision tam that property on death in his widow, one Ho Ng Shi, goes no further 1: is interestingets directly in a successor has junt, on the adoption of u sun to note that the intestacy in that application to Hongkong assets. [in 1501 the property passed to. case are on a bequest for ur the matter was ever doubtful, and vested in that son: so that restral worship being found bad the doubt has been removed by the there is not, and never has been, as offending against the perpetui. Probate Ordinance. This part of fang estate of the deceased ont-ties.rule; a division, as counsel the defence therefore fails.
Atending.
suing, he would certainly be held frace to the claim for payment, á Consequently there is points out in itself completely 1 do not propose to nothing now left to administer. eubversive of a highly cherished length with the case of Vanguclis make good the amount. The boy agreed that a partnership shall nok deal at lible by the ciders of the clan to By our law of course it may be shortly as follows. The deceased
The history of this case Chinese usage.
v. Bouard because I think that if when he grew up would go to the be dissolved by the death of ose Up to 1915 when this case was it were held in that case that re-elders, and ask for nia share, and. member Partnership died in 1897 leaving him surviv-decided it was apparently the presentation is unnecessary where if it had been paid to a concubine. Pearce v. Chamberlain 2 Ves, Sex, ing. a wife, Ho Se Shi, and a practier to apply the law of the there are assets in England of a he would complain he had been 31 concubine, the present plaintiff domicil in the distribution of domiciled Frenchman--sucha- deci-swinded, but no issue. In 1992 a sin was Chinese assets. Ho Tsz Tsun'ssion was unnecessary to the deter no one pay big sums of money te fendant has never objected to a formally adopted to him by these recognised a new principle mination of the question actually family concubines. She might fe family. Subsequently Ho Ng Shifof distribution: bat did not I think before the Court, and may died. to 1913 the present plain-touch in
tagaloup marry, and she would then take deuce before action he has actual- the Ixal treated as obiter. tiff was elected his guardian by machinery of distribution.
the whole of the money out of the is offered it: bis only objection There is a subsidiary point aris-family. the acopted son then an infant. The Probate Ordinance purportsing out of this question which is
was to the plaintiff as adminískva- having as such guardian attained to provide a produre applicable raised by paragraph. 7 of the woman, especially a concubine, is
So much for the disabilities of a trix of the estate. letters of administration she com-to all estates within the jurisdic-amended statement of defence. It China The answer is. I think, para. 8 of the amended statement menced this action against the de- tion.
The next point is raised by Our system constitutes is arged that it is contrary to Chi- that the status of a woman is dif- joi-defence. Both at the the fendisn the brother, and farmer-representative of the estate, withnese customary law to allow this ferent in our law. ly the partner, of the deceased. whom persons concerned can safe-plaintiff who is a woman, the competent to be administratrix, and jowner of the business, and sub- She is com-when Ho Wa Sang was the sole The first question is as the de deal: a machiuery is set up for cubine of the intestate, to adminis as per to do anything that may sequently, when it became a fami fendant preved his plea The
the collection of assets: the payer his estate. This is apported be necessary for the administra-ly partnership, the office at Cas only really definite evidence bement of debts and eventual
by the evidence of Ho Chai Pongtion. fare me upon this point is that distribution to the persons El
dealing with of Mr. Boss. This witness does
Assets tou in China was and is the head who was called as an expert. Nothing could be
which are ex hypothesi Hong- ofice. The Wa Ki
WAS oot ver comprehensive than the terms of got attach great weight to his kong ansets ber status under the a different firm, but was the name sot agree that the estalt vested in the widow. On the fee. 16 of the o} Ordinance & of testimony. He is a clansman and law of China is immaterial. In given to the Hongkong branch of question whether it has vested in 1865 e nferring jurisdiction on the a fellow villages of the defendant: dealing with an estate in Hong-the business. Such investments the adopted son, he is
nat quite Supreme Court with power to and apart from this his demeanour tong it cannot be material that as have been made have been ef- ise eluar. But on the whole rant Probates of the last wills was not altogether that of an as the proper tribunal in Chica would fected with the assets of the whole | think that his opinion is that he was of all or any of the in-jprejudiced man, I prefer to take be the elders of the clan, or that business." This para, of course, property in China does vest inhabitants of the said Colony and what was said on this point by the most manage the property un speaks for itself. The Hoogtour The on, contingently perhaps and all other persons who shall die Mr. Ross who is of course at er der their direction during the and Shanghai Bank, which has a subject to a possible devesting on and leave personi effects within firely independent witness. I ap minority of the person entitled.
head office in Hongkong, and the happening of some subsequentį
the ad Colby
and to pears that in Chios, as in some
The place of such tribunals is. East, is cited as a parallel case. branches in varions ports in the The son may be in the mommit letters of administration ther countries, the female sex is event. position
of the prisons aforesaid. under certain disabilities.
taken in this Colony by our own Now what do we know about these presumptive ori 3 "qualified" heir under the the hall die intestate." Take Chinese," says Jr. Ross, "would
Coarts. it clear indeed from firm, and what are the materials English law.
Ordinates 1 of 1856. It exempts accept a woman's signature in whole that this plaintiff became tiff of course, can tell us very lit- This is how
Mr. Ross' evidence taken as a put at our disposal: The plain-" construe this part of the evidence.
from the requltements of the pinion. He would immediately. Mr. Does lars stress on the fact general law
s to form, wills of regard it as fraudulent or forged." on the death of the wife the tle. She has not had access to that in Chinese law
Chinest. wherever damiciled.
guardian of the estate during the the books, and she has no person- sentation is necessary, and that the wording to the custom of Mr. Boss adds that if after the minority of the adopted son. She al knowledge of the circumstances.
China.
father's death, the widow or con-might of course be displaced by of the business. the
person entilled. takes by
erbine desire to obtain infermahe appropriate tribunal in case direct successiva.
I think is a fair commentation of the child's property or mismanagement: subject to this ferent position. He was from the The defendant is in a very dif-
repre-1
titled.
I will assume for the purposes.
that
of this case that by Chinese law
more
Chinese "lėstators are
Ordin-
***
Imocld go to the hand of the fumur
to
་
to ACCEPT RISKS against aniversality of the succesonance 1 of 1857 is concerned on child's share: what it is worth minor and of his estate would be Ki in 1883. In 1893, on the death
hic apreston See Vanquelin .!
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in the general law until exact ask for un explanation. She e-guard she would collect the very beginning intimately so the sun has beverse, to adopt also be within that law.
empted. Chinese intestates must) term of French law, dones of the
this tipted with his brother, the found- would then be er titled to know the assets. Subject again precise circum antes of the general control the care of the of both firms. He came to Hongkong as manager of the Wa Leth distribution and with nothing Board L. P. What
The d Prabate Ordinanes She would not be entitled to get her hands until his majority. are the legal sequences that!? of 1470 -82. 9 provides for the anything that was not customary. She is therefore designated as the of the second brother, he went to Canton as manager of the Po ow from this position? The re- Pront of Chinese law when it it had not been the costom to appropriate person for our Courts
Cheung. In 1394 he became a pult, saps counsel for defendant, ended for pdministration. This base an annual balance sheet, she to appoint as
administratrix in parter. In 1507 he returned to Ordinance amends Orumances of would not get one: if it had solongkong. In fact as Mr. Potter Hongkong which has been since is a complete deck. The OP1850 and must be read with it. been the custom to have a chat-points out she was in 1913 the then his permanent residence. pointment of the administratris is for technical reasons unassailable
When so read
the intention istered accountant, she would not be only person to whom the grant Since 1897 he has been in geceral -it cannot at any rate be quea-.
clear. The machinery of an entitled to demand the services offcould have been made..
'charge of all the branches, with n disced in this Court. But it must ministration set up by the earlier one. She would not be entitled
The persons then available were salaried manager in Canton. be treated a nugatory and of no
|Ordinaale romnim untouched. to nominate an outsider to examine (1) this plaintiff whom Mr. Ross has been in full charge of the vari effect for the simple reason that
I com next to the Probate the books on her behalf, unless it describes as the automatic guar- us and important activities of the there iscathing outstanding which Ordinance 1870. The general had been the custom. It she were dian; (2) the present defendant. Wa Ki. The old books of -both the administratric can deal, Jurisdiction of the Court in matre satisfied with the answers who was and still is the managing and Tong, former accountants and arms are in existence and Mak I am referred to Captain Elliorers of Prubate and administra- given by the head of the family partner of the very firm of which very old servants of the family, proclamation 下 Krahe 4: tion is continged by sec. 3. Bjshe would then appeal to the elders accounts
to
are claimed: (8) the are still alive. Ordinance of 15 sec. 5: 2 "estate or property of the lof the clan. They would enquire third brother who at that time Ordinance 1 of 1957 schedule 12. deceased persons includes property into the matter and if they were laimed to be still a partner. As er-than for the defendant to put Nothing should have been easi- and to Hu Taz Tan's case 16 Pessing on death. See. 14 gives satisfied she could do no inɔre. |H.K.LR. 69. This case is cited Power to the Ocial Administra-indeed the child in an adopted child (administration of the estate by the account of the business as
to the alleged dangers of mal- before the Court a short and lucid for the doctrine that in Hongkong tor to "take Possession of
the she has further appeal, to the plaintiff, whether as adroinistra whole I am sorry to say that be
parente
ES
Empire and M the Prostoelal Zowie and estates "fall under Chinese lax, which may be found within the quire from the elders of the clan. serve that the safe-guards provid- to do anything of the kind. He a doal ersten exists: Chinese property of any dressed person natural parents, who would etrix or as trustee, I need only ob- has not made the smallest attempt which is for this purpose the lex Colony: and to provide for its safe If the natural loci: and the estates of non Chin- custody until probate or adminis themselves as satisfied. "I do not tect the interests of the minor: nor bas he produced any of the expressed by our law are sufficient to pro- has called neither Miak nor Tungi with Beland parcken any of the Gooda tipped Colour. Reference was also made Court. Sec. 18 rests the estate of Court in China would listen 1 a manner consistent with Chinese entitled to see the books because ese under the general law of the tration has been granted by the think." says Mr. Ros, "that and that this can be effected in a books, Plaintiff, he says, is not to Vanquelin's case 23 Lad, CP. 73 and intestete, until administra widow or a concubine la sub cir-sentiment. Oz. other point arises, her claim to an account is denied. Didisheim's ease 1990 2 Ch. 15tion be granted, in the Official cumstances.
and the Colonia) and Foreign stærkein supplied:
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10
Administrator.
A concubine Sec. 19 confers
China cannot sue any member of the evidence of Mr. Ross, which If he had shown himself a straight. [summary powers in the care of
small estates.
her husband's
I shall deal with very shortly. He forward witness, honestly endem Family. If she Sec 21 To sum up shortly: the effect for certain exceptias not direct went to a Magistrate he would re- says that no member of a family couring to put the facts before the of Mr. Sharp's very able argely material here. Sez. 31-84 arefer her to the elders of the elan partnership can
withdraw his Court, there would be no point in ment is as follows: It is unoses again perfectly general in their It is quite anthinkable for an ad-share except with the consent of the criticism that he is withkli sary to obtain representation in terms. There is 17 exception ex-opted child to sue one of the the other members. This is then the books, as he has no doubt the case of a Chinese estate, se press or implied of Chinese. Ser. persons who have actually adopted construction apparently which he is very unsatisfactory. In an there is no estate outstanding and 60 practically reproduces sec. Salim. It is equally unthinkable puts upon the partnership.gree-examination on collatural mara nothing to administer; the grant Ordinance 9 of 1870. It is, I think, that any one should sue on his bements. is therefore a mere nullity. Then implicit recognition of the half.
such as the compradore gul plaintiff's answer is that the necessity for administration.
If the person sued paid If this is so, and it had been
to a concubine pleaded, it might afford's good de (Coalimued on Foge 3
over a share
th right to do. But his evidence