THE HONGKONG TELEGRAPH. MONDAY, APRIL 12, 1937.
Intervention In Simpson Divorce: The
Rights Of The King's Proctor
Continued from Pago 3.
Attorney General for which I am, taken to qualify for trial. Well, that obliged, I would just desire to indicate is very frank. Now I understand it. this it will be necessary to some formal step before I could make the application that this intervention should be dismissed.
"I hope it would be right and pro- per to intimate that Lshall take form al steps quickly to bring this maler before the Court."
TRIAL AT IPSWICH
that
The President: It may be possible to deal with that matter now.
the The President added Attorney General mentioned ufidavits on which applications for trial ni Ipswich were based.
"I have looked at the transcript of the shorthand note," he said, "and see that that matter troubled the learned Judge who tried the case, and I want to know something about it, too,
the "I want to know what basis of the application for the trial At Ipswich."
was
Mr. Birkett: I think it is only fair and right to say at once, that as far as the petitioner is herself concerned, In all matters of procedure she acted on advice.
"The trial took place at Ipswich in these circumstances," Mr. Birkelt continued.
"In the circumstnaces of the case as they then existed expedition was desired, and that was the primary consideration. The petitioner at that; time was suffering from ill-health.
PRESIDENT AND KING'S PROCTOR
The Attorney General, in reply to the President, said he wished to make no further comments, and Sir Boyd Merriman proceeded to give hist decision.
"I think it would be useful," the President began, "by way of preface, if sak from the bench the dulles which are imposed by law upon the Court and upon the King's Proctor respectively in connection with suits of this kind.
Home
"The duties of the Court and of the King's Procteur are quite independent and distinct. The Attorney General has shown that they are, to extent, complementary. First of all, ns regards the Court, I prefer, to ex- press the duty of the Court not in words of my own but by quotation from two judgments given by mem- bern of the full Court of Appeal."
The first, Sir Boyd sald, arose out of the case of Hyman in 1929, quoted from the report of the Court of Appeal the words of Lord Justice Serutton: The Divorce Court is entrusted with jurisdiction of the marri- national Importance ngo tie and the terms upon which it should be dissolved involve far wider consideration than the will or consent of the parties to the marri #gc."
The President Buld the late Muster of the Rolls summarised in "A very great nervous strain at the one sentence the positive-duty which time was imposed upon her, and the was laid upon the Court. lle said: only consideration entering into the The Court is charged, under the matter of venue was the matter of original Act and the Consolidat expedition. That matter was care- fully considered by her advisers, and, I may say, not only by solleilors but by counsel, and it was considered It with the greniest possible care. was seen that Reading was the
town,
the nssizo propriate misconduct alleged was at Bray, and Reading was the appropriate circuit town.
ря
or
be satisfied in divorce sults Act, to that the case has been proved; that there has not been connivance collusion in obtaining divorce con- trary to the justice of the case; and that it inquiries were justified the court could not forgo its duty."
"It is a duty," went on the Pre- sident, "which has thus been stated twice by the full Court of Appeal in recent years, in terms which are plain and imperative.
COLLUSION
"But it was ascertained that there would be no trial of divorce rule al Reading, and as this consideration of expedition was
primary and im portant, it was then considered that
"In the passage I have just quoted the trial might take place elsewhere. the late Master of the Rolls refert Ipswich was considered, and a re- to collusion for the purpose of obtain fidence was taken at Beech House, ing a divorce contrary to the justice Undercliff Rd, Felixstowe, where of the case. the petitioner intended to reside and was, in fact, residing when the trial was held.
"It may be as well if I say a few words about collusion generally.
ROYAL ROMANCE-This hitherto unpublished picture of Mrs. Wallis Simpson and the Duke of Windsor was made carly in 1935, . as they shopped along the Karnter Strasse in Vienna. At that time they were members of a gay party touring in the Mediterranean. Report has it that Mrs. Simpson and the former King will be
in exile near Vienna. married next month. He is
cause its only practical importance case, a certain amount of uneasiness is that it enables the King's Proctor which I, in turn, share. to intervene before the deorsu....pixl. After the decree nisl the other provision to which
the
Attorney
"Finally, after the pronouncement of the decree. nisi and before the de-
cree la made absolute, any person may show cause why the decree should not be made absolute by re son of lis having been obtained by material collusion, or by reason
the
"She intended to reside at that ad-f
of some time. Afterwards, dress for
E RADIO BROADCAST
Dance Music From The Hongkong Hotel RECORDED PROGRAMME
Radio Programme Broadcast by Z.U.W. on wavelengths of 355 metres (845 k.c.'s), 31.49 mutres (0.52 m.c.'e). 12.30 p.m. De Groot and Hia Orchestra.
i pan. Time and Weather.
1.03 p.m. Songs by Richard Crooks (Tenor).
1.20 p.m. Hawallan Melodies.
1.30 p.m. Reuter Press Weather
Time and Announcements.
1.40 p.m. Variety.
2.15 p.m. Close down.
5 p.m. Relay of Dance Musle from
the Root-Garden of the Hong Kong klotel.
6.30 p.m. German Music.
6.55 p.m. Waltz Memories by Orchestre Muscotté.
7.15 p.m. Songs by Nelson Eddy (baritone).
7.30 p.m. Stock Quotations and Ex- change Market.
7.35 p.m. Musical Excerpts from dres- "The Street Singer," with a criptive talk; by members of the Hong Kong Philharmonic Society."
8 p.m. Timo, Weather and An- nouncements.
8.03 p.m. Relay from the Ko Shing Theatre (Chinese),
11 p.m. Close down.
11 p.m. European Programme from Z.E.K., on a Frequency of 640 kilocycles.
8.05 p.m. Patricia Rossborough at the Piano.
Simple Aveu (Thome); To a Wild Rose (MacDowell); A Cavalcade of Marilal Tunes; "The Town Talks" Selection; If I love again (Oakland- Murray).
8.22 p.m. Octet in E Flat Major, Op. 20 (Mendelssohn), played by the International String Octet.
8.55 pm London News and An-
after the trial, certain consideratia it would be most unwise to do so, facts not having been brought to thy what I think the position is in this throws a party:idn't it be
arose."
The President (interrupting): That is the matter on which I wish to be informed. The petition-discloses
London residence..
Mr. Birkelt pointed out that in the affidavit sent to the Registrar the ad- Beech House, dress was given as Undercliff Road, Felixstowe, and he rather imagined that he informed the Court at Ipswyleh how the London ud- dress came into the matier.
The President: The learned Judge asked why the trial should be at Ipswich, and was obviously informed by an official of the court that it was by residence. Then there were dis cussions about the change of address afterwards.
ACTED ON ADVICE
Mr. Birkett then pointed out from a shorthand note of the proceedings at Ipswich that Mrs. Simpson had said she was living at Felixstowe, but that she had a London address at 16, Cumberland Terrace, Regent's Park.
The petitioner explained that when the petition was lodged she was living at Bryanston Court, London, W.
"May I say," Mr. Birkett added, "and I want to treat the Court as I hope I always do with complete frankness, this house was taken by the petitioner on advice? It was a fact that she was under medical care, and in taking the house it was felt that that come within the ambit of the rules which deal with the venue of a trial,"
"No one has ever attempted an exhaustive definition of collusion, and but one aspect of it was described as long ako ng 1800 by Lord Stowell."
CHOICE OF IPSWICHnouncements,
9.15 p.m. Variety." the "I refer to the fact that at
Vocal-Veux-tu partir un jour?
Vallin (Soprano); Hawalian-
......Gino- General has referred is made avail-instance of the petitioner. the trial Ninon Vol
was at the Ipswich Assizes rather Chibiribin, Valse Bleue able to the King's Proctor.
than at London, or even at the assize Bodin and His Howallans; town in the country where the
Jack Savage and His Home nesses resided, which, Mr. Birkett Cowboys; Orchestra--Flor Gitana, A Don Rico and His Lament Gypsy tells me, would have been Reading.
Vocal-One "Mr. Birkel has dealt very frankly Gypsy Girls Orchestra: with this matter, and I think it is as of the little Orphans of the Storm... Hylton well that I should state quite plain- Gracie Fields; Vocal-Jack
Orchestra-Love me, or leave me, Why Goodman and poor respect.
...Benny "First of all, on the general ques- little me? tion of the right to have a case tried his Orchestra; Vecal-Chloe (Song of at an assize town as distinct from the Swamp)......The Radio Three London, it may be well if I say one Hawaiian Mauna Loa...Kanul and, word, as some confusion appears to Luin. exist in regard to, this matter.
10 p.m. Big Ben, "By the Administration of Justice
Dance Music. 1920, and the Statutory Order 10.25 p.m. The Twilight Serenaders
thereunder in made
1922, any Presented by Clarence Wright; a undefended matrimonial cause may fantasy in music and story. be tried at any at the 27 assize towns 10.15 p.m. Grand Bross Bonds. Another aspect of it was put, near-
presoribed. 100 years later, by Lord
Jerome Korn Melodies; Minstrel "It does not rest, however, entirely Memories (No. 2.). (arr. Rimmer). Helier. He referred to the possible absolute by reason of material facts with the petitioner whether a parti- existence of an Improper agreement not having been brought before the
il p.m. Close down. between the parues to suppress Court, and/or by reason of the decular case is entered at one of the material facts. "Either form of cree having been obtained by collus-rules of the court matrimonial causes fraud is dimeult to expose," sald the ion. Président.
Lord Stowell said it was un agree ment between two parties for one to] commit, or appear to commit, on act of adultery in order that the other might obtain a remedy, at law an if a real injury had been suffered.
ly
to
notice of the court, and in such case the court may either make the de- cree absolute, reverse the decree nisi, require further inquiry, or otherwise deal with the case as the court thinks ft.
"As the Attorney General has al- ready stated, one Francis Stephenson, giving an address at 28, Ingleby Road, Ilford, on December 9 lust entered an appearance to show cause why St. the decree nisi should not be made
"But he himself has stated-con- "The duty, therefore, which is Im-firming the statement of the Atter posed upon the Court is as dimcult ney General that he decided, and as it is peculiar the divorce apparently decided deliberately, not jurisdiction. But it would be idle, to comply with the rule which directs for the purposes of this particular that within four days after the enter case, to consider whether the powers ing of the appearance he must file of the Court might not be made easier affidavits setting forth the facts on the which he relies, and delivering cop-
les to the parties concerned. statute. by amending the wording of
FOUR COURSES
assisting
"But as the Attorney General has pointed out, mere default by Mr.
assize towns or in London. By the
The following war-lengths and frequencl
Frequencr Wavelength
6,500 | k.. 0,010 9,685 k..
49,50 metres
..
31.65 metres 81.30
DAVENTRY PROGRAMMES other than poor persons' suits-set down for hearing must be referred are used by Daventri to the District Registrar whose order must be obtained for the case to be set down for trial as required. The required to specify whe- petitioner ther it is desired to put it down for hearing in London or in one of the
size towns.
matred 25.62 metres
28.28
19.82
meines
Inettes
Blen
GBB
GBA
GRO
CSD
11.150 kz.
OSE
11,800 2.0
GAF
15.140
x.c.
080
GRI OSL 680
17.700 k.t. 21,479 k.. 18.07 metres 15,160 k..
19.60 metres 21.840 k.. 19.60 metrug
40.10 B110 X.e.
19.76 · tnetzen 10.180 k.. 15,310 k.. 10.50 metres
Transmission 1
10.50 metres
(0.8.0., 0.5.0, 0.8.0.) Z p.m. Big Ben. Variety. 2.27 pm.
A
Aliundred Years Ago-2 Lalk by John C. Mande. 1.42 p.m. A Houthi-Gounod Programme.
The U.D.C, Empire Orchestra. 3.40 p.m. The News and Assancements. Greenwich Tips Signal at 1.45 pm, Transmission 2
(0.5.3., 0.8.0 0.8..)
Big Det. The 1.B.C. Northern
Ireland Orchestra,
be
7 pm.
7.48 ..
this case the petition itself showed London residence. It was not the same as that the petitioner had at the date of the hearing.
"But in the affidavit which Mr. "Even so, as the Attorney General Stephenson does not get rid of his Birkett has quoted, is stated that has pointed out, the statute docs appearance in the suit, for ine the petitioner at the hearing of this provide methods for
the petitioner is obliged before proceed- suit will be residing at Beech House, Court. In fact, though he has re-ing from deerce nini to decrce Undercliff Road, Felixstowe, terred only to one, there are four absolute to ale an amidavit showing, "It shows that the witnesses all courses laid down in the statute by among other things, that no appear reside at Bray-on-Thames, in the Proctors, including Court, nga ance has been entered, or if en ap-county of Berkshire. It cannot be
may assist the Court, and pearance has been entered, showing surprising if what appears to these also are entirely foreign to the what proceedings have been taken overemphasis on what Mr. Birkett
to deal with it.
has franitly stated was a temporary ordinary circumstances of litigation.
"It-is here that the rights of the!
residence has attracted some suspic public and the King's Proctor as a
ACTION BY THE COURT
Jon, member of the public, are provided
"It is not difficult to imagine cir- "Now what was the history of Mr. for, and his duties are devised.
Stephenson's Intervention On Janu-l cumstances in which such an affidavit.
'sident's attention to the rules Jald direct all necessary papets in a case stated it on I do, as being of the |
"First, of all, the Court itself may ary 19, as the Attorney General has might be evidence of collusion.
the Court itself took seliun,
NO ULTERIOR MOTIVE down regarding the affidavits that to be sent to the King's Proctor, who, utmost importance that there should "I think it is only fair to say that, had to be sent to the Registrar when under the direction of the Attorney be no legitimate ground for sus having regard to the congested state applying for the fixing of a trial at General, may instruct counsel to pleion in the pubile mind of this of this division, one can understand
certain town. The whole of the argue before the Court any question
eegard to Mrs. Simpson's in relation to the matter which the case being treated differently from the desire of the petitioner, without any ulterior motive whatever, to have addresses wore before the Registrar. Court deems necessary or expedient any other case.
"The Attorney General referred to have fully argued.
"I exercised the right, notwith-her petition heard in the provinces here this morning to rumours and
That power can bò exercised by fault, to refer his appearance to the out having to walt her turn in Lon".| standing Mr. Stephenson's own de- within, perhaps, a few weeks, with-
don for many months, gossip. The petitioner cannot ex- the court at any time during the King's Proctor, and I gave an ex- "If there had been any desire to pect to be free from these
but If it is in anybody's mind that the progress of the suit, up to the moment press direction that any proceedings divert attention from this suit, tak- reason for the removal of this case to when the decree absolute is pro- Inuich was to nvold a London trini, 1 nounced. It is not limited to the rising out of the investgation shoulding leading counsel off his own clr-
mere argument of questions of law, be heard in open court.
Mr. Birkeit then drew the Pro-
matters
things,
wero
ron questions of fact.
or for any other matter which any-but can come up to assist the court
could conceive, I am here ibody
say on behalf of those who advising Mrs. Simpson at the time
"Next, any person may, at any time that the only reason for the removal during the progress of the proceedings
to Ipswich was that it was a matter or before the decree nisl is made original hearing. of expedition.".
absolute, give information
la.
cuit in an undefended case was hard-
Mr.
"No evidence whatever has bey the best way to achieve that ob-
ject. come available, either of collusion, or
"It seems reasonably clear that Mr. of material facts not having been
at the Birkett is right in saying that the real
purpose was expedition. brought before the Court
The President then asked the "That last phrase covers all the Mr. Birkett added that he was will-Kinire Proctor of any matter material possible bars to obtaining a degree. Stephenson if he required any fur ing to help the President on any other to the due decision of the case, and That phrase covers misconduct of the ther notice, or whether he was pre King's Proctor takes petitioner, connivance, and all the pared to have the matter dealt with
immediately. matter he might indicate, und before
Mr. Stephenson replied that he sitting down he added: "I hope I such steps as the Attorney General rest of it
may direct. Next, if in consequence "But reference has been made, and would have the matter dealt with: have made it plain that it was the of such information or otherwise the think quite rightly made, to one immediately, and Mr. Birkett asked intention of the petitioner to reside
Proctor suspects collusion, he at Felixstowe for some considerable can intervene,
King's
particular matter, because it obvious that the appearance should be struck ly caused Mr. Justice Hawke, in the out. time."
"It is not necessary to discuss that President: You h
have put it quite frankly that the residence was particular-provision any farther, be
The
thereon
the
course, if I may be allowed to say The President stated that. so,. of a most careful hearing of this pearance would be struck out.
the
ap-
p.m
that Are History'-, from 'Grey of Fallodo Professor G., Trevelyan, Herd by Cecil Graves, nephew
of the inte Lord Grey. Haydn and his Orchestra,
..
1.25 pan. 'Memories of the Lundon Theatre'
-11.
8.85 p.m. The News and Announcements. 0.10 p.m. A Violoncello Recital by
Gauntlett
Transmission 8 (0.8... Q.S.F 0.8.11.)
Greenwich Time Signal at 9.15 brass
A
10 p. Ble Ben. blusic by Arthur Sullivan
and Edward German. 10.25 p.m. The Twilight Berenaders, pre- sented by Clarence Wright, A fantasy in musle and stary. 10.40 p.m. "A Hundred Years Ago-2,
talk by John O. Haude. 1 p.m. A Pianoforte Itecital by Herbert.
Fryer 11.80 p.m. Tarty Engleman's Quintet, with
Vernon Adcock (Xylophone).
John Londoner at fore-1. An evening with some of his many various acquaintance. 12.30 am. The News and Annotincements. Orconwicht Time Signal at 12-45 mm. 12.50 am. Dance Mulo.
12 *.10.
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PROVISION FOR GROUPING
IN DEPARTMENTS
Although the practice is convenient in the case of ordinary Sanitary Inspectors it is more convenient to group Malarial Inspectors under the Malarlologist This amending, bil, vise to section 6
is therefore, adds a proviso to
In the Government Gazette published the draft of an Ordinance of the principal Ordinance enabling to amend the Public Health (Sanita- Malaria Inspectors to be grouped under the Moteriologist and Inspec- tion) Ordinanco of 1085,5
tors appointed for other special pur Section 6 of the principal Ordin-poses to be grouped under such other ance provides for the grouping of officer as the Governor may direct.