THE HONGKONG TELEGRAPH. MONDAY, MARCH⠀⠀⠀26, 1934.
SOLICITOR'S SUSPICIONS
MORTGAGE CASE APPEAL
anked:
According to you, Ng know all nhout this from the beginning and his evidence la Tulso?—Yos.
The mysterious assignment res appeared In the possession of Wong Ka-kong (father of Li Kai-
lol) 7-Yes.
Were you suspicious at this
falsely aworn about the loss of the deeds?-He may or may not have done. I cannot remember.
Ito swears that Li Kai-lol was in the shop and that he told you and made no reply?
Witness said this may have been so, but as he did not think the
FORECLOSURE WITHIN time that something was wrong title was affected, he did not go
TWO MONTHS
BONHAM STRAND PROPERTY
An appeal in respect of the $85,000 property at Bonham Strand West, which has already been before the Court on soveral occasions, came before the Chief Justice, Mr. A. D. A. MacGregor and the Fuisne Judge Mr. R. E. Lindsell, sitting as a Full Court of Appeal this morning.
with the title of Li Kai-loi?-No. Into these suspicions.
We know now, in fact, that Li had no title?-You.
-
A DENIAL,
Witness onled that his recol- And you were not suspicious 7- There was nothing to arouse sus-lection of the Incidents at the shop pleion. He was on the register
was inaccurate.
that the thieno
HONGKONG GOVT. AUTOCRACY
ANOTHER READER JOINS ISSUE
GOVERNING BY
DECREE
Sir -Your correspondent "Parlah Pump" is heartily to be congratulated on his timely re- marka on the growing disantis- faction felt
Government nt as owner, and the fact that he had What we suggest is
methods in this Colony, and it is lost the deeds was no proof that only true explanation of the title was false. I had a sus rather peculiar circumstances is high time a Excellency realised
the state of public opinion. picion that Li Kai-lol or Li Hip that 1 Kal-lol, for some reason "Parish Pump" puts hla finger lof were defrauding the family, during the thirteen months after but that did not affect the mort- he secured the deed of assignment, on one of the principal-reasons pagee's title and fola.
would not or could not use it. He for this increasing distrust of the the wanted money during this period, Executive-government by decree so he swore this statutory declara-instead of by considered law. tion (that the deeds wore lost) The Royal Instructions and other which you know now was false?-fundamental bases of our
stitution clearly intended this Colony Lo be governed by law laid down in Ordinances which are subject to revision at Home by the Secretary of State.
You
as a solicitor had suspicions and if they were right the unfortunate purchaser would not get & title? Not at all."
TITLES GOOD.
The appeal is on a point of law
Witness explained at length and a point of fact against the
that the title of the mortgagor judgment given Inst year by Acting Chief Justice, Mr. J. R. Wood and being good, the title of the mort- involved the hearing of a new wit-gager was also bound to be good ness Mr. G. S. Hugh-Jones, of and unaffected if his suspicions Messrs. Wilkinson and Grist.
were correct. Mr. H. G. Sheldon and Mr. Len came D'Almata, jar, were instructed by he knew Mr. M. K. Lo for the appellanta, mortgage, and Mr. Eldon Potter, K.C., and Mr. F. C. Jenkin, K... instructed by Mr. E. Davidson, for the reapon. clarita.
Yes it must be so.
And he then gave n power of attorney to Li Hin-lot perhaps be cause he did not want to face soli- citors himself? Maybe.
"A BLIND".
Mr. Sheldon submitted that the When Nx Yu-hon to the ofice -and
said property. was mortgaged to Yan the Pun merely ne a blind to cover the nothing about
witness suspected weaknesses of a first transaction that Li Kai-lol bad pocketed the and that no money passed on this occasion. Yan Pun was a man of money himself,
straw whom the parties used be If Li Kai-loi had no title it would cause they could not get a genuine affect the innocent purchaser? mortgagee on their story of lost
deeds, etc. Appellant was Li Tsu-shi, widow Yes. of 71 Shantung Road. Mongkok, ad- When did your suspicions first to the ministratrix of the estate of Linrise?-When Ng came
[office. Woon-nam, who died In 1925.
Witness replied that he thought this was a highly improbable but a possible story.
con-
RADIO BROADCAST
TO-DAY'S BROADCAST. JAZZ PIANO SOLOS FROM THE STUDIO
Relay from ZB.W. on a wave length of 955 metres:
Dani Transmission To-night. Jazz Piano Bolos From The Studio,
5.8 p.m. European programme. 5-7 p.m. A relay of the Hongkong Orchestra from the Hotel Dance Hongkong Hotel Roof Garden
7 pm. Cloping Local Stock Quota- tions, etc.
7.03-7.39 Recorded musle, Pianoforic Solo-Polonaise Militaire
(Chopin) (Op. 40, No. 1). Pianoforte Solo-Waltz in C Sharp
-Minor (Chopin, Op. 64, No. 2).
Ignace Jan Paderewski. Vocal Duo See You, Again
("Bitter Sweet"-Coward), Vocal Duct Fear Little Cafe ("Bit-
tor Sweet"-Coward).
Poggy Wood and Georgo Motaxa. Orchestral George Gershwin
Medley,
Carroll Gibbons and the Savoy Hotel Orpheans. Orchestral-Old Friends-Potpourri
(arr. Finck).
Tom Jones and His Orchestra. 7.30-8 p.m. A Jazz Plano,-Recital by Miss Doreen Mn From the Studio. Programme. 1. My Woman.
3.
Body and Soul.
If I lost You.
4. Black and Tan Fantasy,
+
6. Are You Making a Fool of Me 6. Stardust.
7. St. Louis Blues,
B. I Never Dreamt,
8 pm. Local Time and Weather Report.
9.03-10.30 Am. Chinese Concert from the Studio,
10.30 p.m. Rugby Mid-day Press News.
10.35 p.m. Close Down 8.30-10 p.m. Radio Broadenst by Z.E.K, on a wavelength Programme
NO SAFEGUARDS. The modern system of making these ordinances marely. the vehicles for conferring
wido powers, not only on the Governor- in-Council, but also directly on individual ofleials, defents this the Secretary of safeguard, as State has no means of knowing how officials here interpret theso powers, which render them, with- to the usually wide limits of any given ordinance, and in the strielest meaning of the word. irresponsibles. Hence we may have the ill-considered action of any official laid down as the law the of the land. loan legislation by decree is so much nolasier than government by Ordin- a multiplicity of to-ance, we have
instructions, all having the force of law, which can only bo It seems to fit in. The refusal broken at the risk of penalty. there is nothing very significant to accept $3,000 to postpone the specifically state risk and not eer- about retaining leading counsel, or will in favour of his wife and in even two of them, in such a matter. Bale.... ?-1 ndvised him not to tainty os in many cases one has no
Gems H. M. S. are issued in anti-postpone unless he received a sub- means of ascertaining whether a Vocali cipation of an action? Yes. In stantial amount of the princital particular regulation is being en- this case it was a sort of general valued at $100,000 and there were
The property was at that time forced or not). retainer for the property.
Thus we have a Magistrate in- Referring to the visit of witness two mortgages to the value of $85.-forming a defendant that it is with his Interpreter Wai Po-
his duty to read and know all cheung to the shop of N. where After further cross-examination, that mass of petty instruction members of the family were pre- the evidence was concluded and known as the Trame Regulations. went, Mr. Sheldon naked:
Respondent was Pong Taof-ching. of Shatin, New Territories, in whose favour the final judgment respecting the property was made by Mr. Wood.
HISTORY OF CASE. Mr. Jenkin outlined the previous He said that history of the case. when Li Woon-nam dled he left a
cluding the property. They had an adopted son med Li Kal-loi and a trusted friend named Ng Yu-hon formerly a director of the Tung Wah Hospital and of the Bank of Canton. Ng took a lease of the premises and later re-let them and despatched the rent monthly to the widow in the country, with whom he was then in constant touch.
In 1930, n deed of assignment of the property was put through, the assignment being from Li Woon num to Li Kal-lol. As the former had been dead for five years, he had obviously
Impersonated. been Later, a power of attorney was
Kai-loi to by
kis Rivon
Li Hip-loi. cousin
About year later the property WAS
in the office mortgaged Messrs. Wilkinson & Grist, the mortgages being Yan Pun. At that Lime Hip-jol had his cousin's power of attorney and Li-Kal-lui had sworn that he had lost the deeds of the property.
of
The interest on the first mort- gage became two months in arrears and Yan Pun deelded to exercise his power of sale, but when the sale was advertised. Ny made his ap pearance at the office of Messrs. Wilkinson and Grist and told Mr. Hugh-Jones that he had been con- nected Intimately with the pro- perty for
some time and knew
nothing of the mortgage. He cast doubts on the validity of the mort gage and the power of attorney.
PROPERTY SOLD.
He was told to consult a solicitor, with the result that Mr. Watson appeared on his behalf at the sale and offered $3,000 to postpone the
sale. The sale proceeded and the property was nequired by Pong- Taoi-ching, the present defendant. Wong Ka-kong later turned up with the deeds in his possession.
When were counsel first engaged for the mortgagees? Was it not about the time that the power of sale was exercised by Yan Pun? Yes.
от
Counsel:-Why? Witness:-Because I think mortgage to Yan Pun was a an investment. I have Is it not rather unusual to re-heard your suggestion before tain counsel in such a matter as day. the exercise of a power of sale?-
Retainers
000.
legal argument commenced.
Did Wai toll You of his The hearing was adjourned to suspicions that Li Kai-lol had this afternoon.
Hence also, since
AN ANOMALY. Thus, also, under what is popu- inrly called the Muzzling Ordin
"Cochran's Throw-Outs of 1934," who will appear at 9 o'clock to-night at the R. N. Canteen Theatre, in their revue. Left to righti-Audrey Staal, Eye O'Hagan, Eileen Stubbings, Elleon Bonnar,
Joan Churchill, Margaret King, Barbara Hance and Rosemary King. (Photor Ming Yurn).
Shortly after the sale, Mr. Hugh- James went to Ng's shop to see DAY BY DAY NEWS IN BRIEF Wong and get the deeds, but was told, that the deede had been dia HOPE IS A PLEASANT ACQUAINT- Mr. J. Dalziel eft the Colony on patched to the widow in the country.ANCE BUT AN UNSAFE FRIEND. HOPE leave on Saturday, sailing in the Glen At this moment the widow who was IS NOT THE MAN FOR YOUR BANKER. llner Glencarn. in the shop, stepped forward and THOUGH HE MAY DO FOR A TRAVEL- said through an interpreter to Mr.LING COMPANION.-Haliburton. Hugh-Jones:"Please get back my
son's property."
were
of a young man's statement that
•
Two cases of small-pox (ono import ed) and one case of meningitis wero reported to the local health authorl ties on Friday.
ances, we can
|
of 646.k.c.'s.
Recorded Music. Orchestral--C. B. Cochran Presents
The B.B.C. Dance Orchestra, Violin Solo Thata Meditation
(Massenet). Violin Soto-Le Coq D'Or-Hymn to
the Sun (Rimsky-Korsakow-
Franko). Mischa Elman. Pinafore (Gilbert and Sullivan).
Columbia Light Opera Co. (Handel- Instrumental-Passacaglia
Halvorsen).
Albert Sammons (Violin) and Lional Tertin (Viola). Selection-Tom Jones (German),
Reg. Band of H. M. Grennditor Guards. Pianoforte Solo--Ballade In F Major
(Chopin, Op. 38).
Alfred Cortot. Vocal Quartel-Form Fours-Wor
Songs Medley (arr. Giraud),
The Big Four. 'Cello Solo-Hutmoresko (Dvorak), 'Cello Solo-Melodio (Tachulkowsky). Gaspar Casindo. Selection-Geisha (Jones).
Selection Bello of New York
(Kerker).
Band of H. M. Coldstream Guarda, Orchestral Polonaise. No. 2 (Liszt,
arr. Muller-Berghaus).
Berlin State Opera Orchestra. Vocal Quintette Welsh Memories-- Vocal Medley (arr. Evans and Francis).
10 p.m. Close Down.
The Maestros,
All rolnys of the Hongkong Hotel Orchestras are by courtesy of the Management and during the intervals recorded- music will be broadcast from the Studio.
MEANEST THIEF.
Washington, Mar. 25. Police are investigating the theft, from the trophy room of the tomb of the Unknown Soldier In Arlington Cemetery, of a number of medalo presented in memory of America's gallant fighting mon who died in France. There has been an outcry against the crime. The decorations included the highest from all the Allied Na- tions and were displayed in the World War showcase. The theft is remarkable in that a sentry is always on duty in the building- Reuter,
powers. It eucourages offefals to have orders pro-go beyond the law, secure in the mulgated whereby the owners of knowledge that they can always cover their actions by subsequent well-cared-for dogs can be pro secuted, while the ordinance la legislation. specifically not enforced in the only area where the discane the Ordinance is designed to combat has a proved existence.
"ADVICE" TO CABARETS. An outstanding case of this nature, well within public re- collection, was the action of the I.
Is this not an excellent example G. P. In sending officers to "adviso"
до
ono's
Mr. Hugh-Jones would give evi- A fatel case of small-pex has been
of what "Parish Pump","calls recabaret owners to close their dence on his knowledge of the transles by a report made by Leung Yeo,
brought to the notice of the authorit
Dr. H. Mackenzio will be the speak-gulations passed....without there establishments at midnight, pend- actions.
a widow, of Tung Fong Street, whose er at the weekly life of the Rotary being any intention to enforce Ing the Introduction of the erdin- Mr. Hugh-llones, giving evi-22-year-old daughter was the victim. Club to-morrow. His subject will be them as a whole, but only such ance regulating their hours and dence, said the deed of assignment |
"Temperate Tropics and Temperate parts, and against such persons as officially recognising their exist was not challenged for days after H.M.S. Medway and the Fourth Aretic."
some oficial or officials may think ence. Now, Sir whatever
opinion of Cabarets, or of the the sale, though the mortgage and Submarine Fletillu, with the excep-
fit?" power of attorney
quea- tion of II.M.S. Olympus, IIM.S. Scan to take clothes from a clothes.
moral necessity of the Police to Incidentally, I have heard д Honed.
Persous, H.M.S. Proteus and II.M.S. line at No. 48 Village Road, the to- Mr. Sheldon: Mr. Yan Pun, In Pandern, arrive in port from Manila idence of Mr. Reginald Ho, Taang well-known lawyer in this Colony take this action, in law it was inde obviously implied throat that if alated on taking up the deeds and morning. H.M.S. Veteran, which has before Mr. Hamilton this morning was a large number of regulations are this "advice" was not takon, it spite of Mr. Black's advice, in- after their Southern cruise, to-morrow Ling was caught and on being brought express his doubt as to whether ensible especially as there was the
the sentenced to two months' hard labour. in
The any way legal. Has accompanied the Flotilla on
would advanced $65,000 on the strength cruise, is also due.
hard with those neglect- Governor-In-Council" when dele- The health bulletin of Eastern sated powers by some Ordnance, ing it when the ordinanca bocame a cardigan and a pocket book, the shows the following cases of infer them in turn to certain oficials? came up in fact, in other walker On charges of stealing a grey suit, ports for the week ended March 17 the inherent right to delegate law and the question of licensing of life it would have been termed property of Yip Yan, of No. 250 tious diseases: Cholera: Bassein
NO LIMIT. Shanghai Street, and attempted theft cases, Bombay 1 cane,
blackma!!! of a wrist watchi from the Wan Liong cases, PnomPenh
Cal- This is what is done, and if It so happens that the illustra- watch repairers' shop, Queen's Read cults 108 cases, Madras 1 case, truly legal, there would soum totions I have quoted mostly apply West, by purporting himself to be Chittagong 1 case. Small-pex: Bas-be no limit to the decentralien to our Police Forco and I wish to It was quick work, was it not Yip Yan, a man named Li Fook acin 2 casos, Bombay 14 casos, Cal-tics and ne reason why, for ox- make it clear that this da purely
twelve months' cutta 76 cases, intorest not paid for two months was
Cochin 5 cases, amplo, a clerk in the Sanitary fortuitous--the Police regulations and powers of aalo exercised by hard labour by Mr. Hamilton this Karachi & cases, the mortgagee?-Yes, it was an morning. Dot-Sergt. Edwards said Negapatam 2 cases, Rangoon 3 cases, Department should not be given affect the individual more closely complainant on decovering his loss Vizagapatam & cases, Haiphong 1 powers to regulate, any, the hours than those of other departments,
at which the public must have ite hence Instances of the nature of exception.
Tourano caso, Macao Referring to Ng Yu-hon, who went to the Wun long shop and told casez,
those quoted, come most readily protested that he knew nothing receipt for his watch which was un-36 cason.
to detain a man who had a cases, Hongkong & cases, Shanghai refuse ready.
There is, however, another side to mind in connection therewith. Meningitis: Hongkong: 10
CITIZEN. about the first mortgage, counsel dor repair. Defendant was arrested. casos. Typhus: Alexandria 2 cases, to this promiscuous delegation of
ho had his suitcase rifled (and
the deed of assignment stolen) between Ilongkong and Tolshan?
Witness:Yes.
QUICK WORK.
them
sentenced to
3
Colombo 2
cases,
Madras. 28 cases,
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