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HONGKONG.
THE HONGKONG TELEGRAPH.
MARRIAGE LAW.
WIFE SUCCEEDS IN CLAIM
FOR MAINTENANCE.
An order in favour of the com. plainant was given by Mr. T. S. Whyte Smilth at the Kowloon Magistracy yesterday afternoon when the case was concluded in which a Chinese woman' claimed maintenance from her husband, a butcher of a stall in the Sham shulpo Market.
Mr. J. M. Hall was for the do. fendnut and addressing his Wor- ship said that he had no further witnesses to call...
Addressing the Bench Mr. Hall contended that the complainant had left her husband without his consent or the consent of his family. To leave her husband in those circumstances was not just fable. Section 3 of the Married Women's Desertion Ordinance, continued Mr. Hall, provided for married women whose husbands had deserted them, had been guilty of persistent cruelty or wilful neglect to provide renson-" able inaintenance and by such cruelty or neglect had caused them to leave and live separately and apart. --
SATURDAY, JULY 6, 1929.
PROVISIONAL COURT. THE RIVER PIRATES.
ABROGATION OF AGREEMENT
‚ THREATENED,
18
FURTHER ACTIVITIES DY
ARMED RAIDERS.
A rather significant report ap-
On Wednesday morning, about. pears in the Shanghal Chinese two o'clock, a tow boat. necom- newspapers regarding the Mixod Court Rendition Agreement. The panied by a steam launch full of report states that Kinngsu Pro- cargo and passengers, while pas- vincial Government considors the sing Ho Ngau Tau waters near present agreement inadequate and the Chen Chuen district, was fired upon by a large gang ef pirates. intends to abrogate it as soon possible. No mention in the report The fow armed guards on the is made regarding the intended boat retaliated, but when it was future status of the Provisional found that two passengers were Court nor in what way the present severely wounded and a few others agreement is inadequate from the slightly wounded by the pirates, the resistanco.censed. The pirates. Chinese viewpoint
sailed alongside and completely looted the cargo kidnapping forty Passengers, Including some
The ropott states that the Kiangsu Provincial Government has ordered the
Commissioner for Foreign Affairs to notify the Benior Consul, Mr. E. B. Cunningham, of the intentions of the Government and to inform other members of the Consular Body to this effect.
The text of the noto sent of Mr. Cunningham is no follows:
men.
wo-
The vessel was plying between Canton and the Sun Hing district.
on
The two passengers who were dangerously wounded by bullets. named Ng Lal, 24, native of Tol Shan, and Tze Sun, 19, native of Yan Ping, were admitted to hos "I am in receipt of an order from [pital for treatment when the the Kiangau Provincial Government vessel arrived in Canton to the effect that the Mixed Court Thursday morning. Two other Rendition Agreement, which has passengers were also medically been in foros eines January 1, 1997, treated. in inndoqunta An announcement of its abrogation is to be made before June 30, 1929. Plosso take note and convey this information to your colleagues," .
Junks Pirated.
Two cargo Junks full of valu- able goodu were also pirated on the West River in Kok Fat Wan waters,
It was very clear that the wo man had to be deserted by her husband and forced. to leave him owing to his persistent cruelty. Mr. Hall submitted that only un-
The pirates drove all the par- der those circumstances WAB k Chinese married woman entitled an Ordinance (the Chineno Mar-sengers ashare and seize both Ordinance) vessels. It is understood that the to maintenance from her husband.riage Preservation
was instituted because the anneti- Junks belong to the ty of Chinese marringe had to be pany.
Another piracy is reported from protected.
Kok Fat Wan on the West River, It is stated that a tow-bont, was attacked by pirates on Wednesday
Ind Kept Away.. Mr. Hall reminded his Worship of the woman's admissions when
Chinese ́Authorities.
Bamo com-
cross-examined. She admitted If a wife left her husband for evening, resulting in one male that she had left of her own ac
an indefinite period Mr. Hall passenger being killed and fouri cord, and that she had left on April 8 after a quarrel with her pointed out how dangerous it others being wounded. The vessel husband. She gave her husband would be. A wife could not allow eventually succeeded in evading no intimation of her whereabouts her husband to doubt her chastity. the pirates. nor did she go to her own people. Mr. Hall then referred his Wor-. It was not a matter of leaving in ship to authorities on
Chinena
n certain heat of passion and marriages. He pointed out that
?
Anti-Bandit Campaign.
An official report from Canton]
then getting over it again after R. T. Bryan jar. held in the case claims that the 3rd. Brigade's 6th
that during he
a few days. She had deliberately of divorce that if a husband re-regiment at Tungkoon carried out kept away from the husband for fused to consent to divorce and a number of successful raide in nearly three months.
the wife deserted him aho was near-by villages during last week, Speaking of the defendant's punishable and her husband was capturing 60 bandits, 10 of whom evidence, Mr. Hall said that he permitted to sell her in marriage. were executed on Thursday at admitted he had assaulted his Another eminent authority Tungkoon. wife. The assaults arose not only held that if a wife ran away with-i on one occasion but on several out her husband's consent he was occasions, from the fact that the entitled to sell her as a wife to It was obvious woman had left him from time to another man and if she ran away examination of the defendant the time without life consent or that and married another man sho was latter said many things which of his parents.
liable to death by strangulation. surprised his solicitor. "His Wor Mr. Hall said that he would Of course, said Mr. Hall that ship said that he had had similar consider a man a saint if he did was too much of a penalty but experiences when practising, as a not lose his temper with a wife It was very clear that a Chinese solicitor and could sympathise who was constantly leaving him woman must not run away from with Mr. Hall, without his permission. That her husband without his consent. gave the husband justification for the quarrels.
Lovers' Quarrels, All married couples had little quarrels but Mr. Hull pointed out that they were invariably made
ま
Mean and Unjustifiable.
In giving judgment against the husband his Worship found that in fact and in law there was no desertion by the complainant
His Worship reviewed the avi up again. He said that in some dence at great length mentioning cases, although he was not speak-the previous summons which was ing from personal experience, dismissed by the Court, when the parties made it up they became better. friends than they had been before the fight.
Maintenance, Ordered.
His Worship quoted a caso in which it was held that desertion was not the withdrawal from a place but from a state of things. The leaving of the house did not Recessarily constituto desertion.
Continuing his Worship said that Mr. Hall argued that bo should consider the sanctity of Chinese marriages, but it was There was absolutely no evi-pointed out from the Bench that! dance tending to show that the the complainant had left her hus- wife was unfaithful to her husband before and who had been Mr. Hall submitted that the band or to show that he had any taken back by him. unulta admitted by the defence justification to suspect infidelity, His Worship Baid that he based did not amount to persistonttia Worship and that he could his finding on the defendant's cruelty.
only regard the defendant's al-conduct since he and his wife, hnd
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Mr. Hall quoted various authorl-legations of infidelity or suspect boon separated, his conduct at the SOLE Agents for HONGKONG & CHINA. Lies in support of his contentiona ed infidelity as a mean and un- Secretariat for Chinese Affairs He read passages setting forth the justifiable effort to present his and his refusal in Court on May woman's us well, as the man's case in the strongest light possi-17 to take his wife back, duty.
ble.
His Worship ordered the 'dofen- The party who broke the mar- He did not say that Mr. Halldant to pay his wife $8 per week riage contract, continued Mr. was in any way to blame for that. maintenance. Hall, should not seek remedy in Law because equity would not give her relief.
Mr. Hall anid that his Worship must take cognisance of the Chi- nese customs in this case. be- cause when purely Chinese affairs were at issue the Chinese cus- toms should prevail unless it con- Alicted with British Law. If Chi- nese customs were not recognised then the whole of the constitution in Chinese married life would he defeated.
I
In order to prove to his Wor- ship how important it, was that Chinese customs should be recog- nised, Mr. Hall pointed out that
ŞALESMAN ŞAM
UNSUCCESSFUL
IN AN ATTEMPT TO LAND WITH THE WASHINGTON)| SENATORS, SAMĮ
BUYS A TICKET ON THE SAME TRAIN
THAT TAKES THE SENATORS TO ST. PETERS- BURG, FLA. FOR, AN EXHIBITION
GAME
WITH THE
BOSTON
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BALL MISFIT NAMED HOWDY TRIED TO LAND WITH MY TEAM, AND I CHASED HIM-NOW HE'S HERE TO HOOK UP WITH
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