THE HONGKONG. TELEGRAPH. MONDAY, APRIL 12, 1937.
Intervention In Simpson Divorce: The
Rights Of The King's Proctor
Continued from Page 3.
Attorney General for which I im, 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 10 take 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 I shall take form ui steps quickly to bring this mister before the Court."
TRIAL AT IPSWICH
The President: It may be possible to deal with that matter now.
The President added that the Attorney General mentioned afdavits on which applications for trial at Ipswich were based.
"I have looked at the transcript of tho 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.
"I want to know what was the basis of the application for the trial at Ipswich."
Mr. Birkett: I think it is only falr and right to say at once, that as far as the petitioner is herself concerned, in all matters of prucecure she acted on advice.
"The trial took place at Ipswich in these circumstances," Mr. Birkett continued.
"In the circumstances of the case as they then existed expedition was desired, and that was the primary consideration. The petitioner at that
|
PRESIDENT AND KING'S PROCTOR
The Attorney General, in reply to the President, said he wished t"make
no further comments, and Sir Boyd Merriman proceeded to give his decision,
}
"I think it would be useful," the President began, “by way of preface, If I said from the bench the duties which are imposed by law upon the Court and upon the King's Proctor respectively in connection with sulta of this kind.
some
"The duties of the Court and of the King's Procter are quite independent and distinct. The Attorney General has shown that they are, to extent, complementary. First of all, as 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 men- bern of the full Court of Appeal,"
of
The Arst, Sir Boyd said, arose out of the case of Hyman in 1929. He quoted from the report of the Court of Appeal the words of Lord Justice Scrutton: "The Divorce Court in entrusled with Jurisdiction ΟΙ national importance
the marri- nge 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- age."
The President said the late time was suffering from ill-health. Master of the Holls summurised in "A very great nervous strain at the one sentence the positive duty which time was imposed upon her, und the Wold upon the Court. He said: only consideration entering into thee Court is charged, under the malter of venue was the matter of original Act and the Consolidation Act, to be satisfied in divorce sults expedition. That matter was core- fully considered by her advisers, and, that the case has been proved; that
there has not been connivance I may say, not only by solicitors but by counsel, and it was considered with the greatest possible care. was seen that Reading wat the propriate asalze town, 115 the misconduel alleged was at Broy, and Reading was the appropriate circuit town.
It apTM
"But it was ascertained that there would be no trial of divorce 'sulis nt Reading, and as this consideration of Im- expedition was primary and portant, It was then considered that the trial might take place elsewhere. Ipswich was considered, and a re- sidence was taken at Beech House, Undercliff Road, Felixstowe, where the petitioner intended to reside and was, in fact, residing when the trial| was held.
"She intended to reside at that ad- dress for some time. Afterwords, after the trial, certain considerations arose,"
The President (interrupting): That is the matter on which I wish to be informed. The petillon discloses London.residence.........
or
collusion in obtaining divorce con- trary to the justice of the case; and court could not forgo its duty." that if inquiries were justifed the
"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
ROYAL ROMANCE~This hitherto unpublished picture of Mrs. Wallis Simpson and the Duke of Windsor was made early 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 married next month. He is in exile near Vienna.
cause its only practical importance case, a certain amount of uneasiness is that it enables the King's Proctor which I, in turn, shure. to intervene before the decree nisl. After the deerce nist the other which the Attorney
CHOICE OF IPSWICH
RADIO
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Dance Music From The Hongkong. Hotel RECORDED PROGRAMME
Radio Programme Broadcast by Z.B.W. on wavelcruths of 355 meires (845 k.c.'s), 31.49 metres (0.52 m.c.'s), 6 pan. Relay of Dance Music from the Roof-Gaurden of the Hong Kong Hotel.
6.30 p.m. German Music,
6.55 p.m. Waltz Memories by Orchestre Mascotte.
7.15 p.m. Songs by Nelson Eddy (baritone).
7.30 p.m. Stock Quotations and Ex- change Market.
7.35 p.ni. Musical Excerpts from "The Street Singer," with a dres- criptive talk: by members of the ifung Kong Philharmonie Society.
8 p.m. Time, 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 Plano.
Simple Aveu (Thome); To a Wild Rose (MacDowell); A Cavalcade of Martial Tunes; The Town Talks" Selection; If I love again (Oaklond- Murray).
8.22
p.m. Oclet in E Flat Major, Op. 20 (Mendelssohn), played by the International String Octet.
8.55 p.m. London News and An- nouncements.
9.15 p.m. Variety.
Vocal Veux-tu partir un jour? Ninon Vallin (Soprano); Hawaiian- Ciribiribin, Vaise Bleue Bodin and is Hawaiians:
Gino'
Vocal-
Home....Jack Savage und Hig wboys: Orchestra-Flor Gitano, A. His .Don Rico Lament Oypay
Vocal-One Gypsy Girls'. Orchestra; of the little Orphans
the Storm...
Hylton Gracie Fields, Vocal_Inch "I refer to the fact that ot the throws a party; Orchestra-Love me, "In the passage I have just quoted provision to
poor the late Master of the Rolls refera General has referred is made avail- Instance of the petitioner the trial or leave me, Why couldn't it be
wps at the Ipswich Assizes rather tittle me?...Benny Goodman and to collusion for the purpose of obtainable to the King's Proctor.
thun at London, or even at the assize his Orchestra; Vocal Chloe (Song of ing a divorce contrary to the justice
"Finally, after the pronouncement town in the country where the wit- the Swamp)......The Kadle Three of the case.
of the decree nisi and before the de- nesses resided, which, Mr. Birkett Hinwallan-Mauna Loa...Kanui and
Lula. creo is made absolute, any person tells me, would have been Reading. mny show cause why
decree "Mr. Birkeit has dealt very frankly should not be made absolute by ree with this matter, and I think it is as son of lis having been obtained by well that I should state quite pinin- collusion, or by reason of materially what I think the position is in this facts not having been brought to the respect. notice of the court, and in such case the court may either make the de- cree absolute, reverse die decree nisl, require further Inquiry, or otherwise deal with the case as the court thinks
"It may be as well if I say a few words about collusion generally.
"No one has ever attempted an exhaustive definition of collusion, and it would be most unwise to do so, but one aspect of it was described as long ago ng 1800 by Lord Stowell,"
Lord Stowell said it was an agree ment between two parties for one to | fit, |"commit,"ör appear to commit," in uet)
First of all, on the general ques- tion of the right to have a case tried at an assize town as distinct from London, it may be well if I say one word, as some confusion appears to exist in regard to this:matter,
Act, 1920, and ready stated, one Francis Stephenson,
made thereunder giving an address at 26, Ingleby Road, undefended matrimonial cause may in 1922, any Ilford, on December last entered an appearance to show cause why be tried at any of the 27 assize towns St the decree als! should not be made prescribed.
of adultery, in order that the other "As the Attorney General has al- "By the Administration of Justice
might obtain a remedy at law as it a real injury had been suffered.
Mr. Birkett pointed out that in the aidavit sent to the Registrar the ad- dress was given as Beech House, Undercliff Road, Felixstowe, and hol rather imagined that ho informed the Court at Ipswich how the London ud-ly dress came into the matter.
The President: The learned Judge
Another aspect of It was put, near-
100 years later, by
Lord
10 pm. Big Ben.
Dance Music. 10.25 p.m. The Twilight Sereneders Presented by Clarence Wright; .a fantasy in music and story.
10.45 p.m. Grand Brass Bands.. Jerome Kern Mélodies; Minstrel Memories (No. 2.} (arr. Rimmer),
11 pm, Close down.
the Statutory Order U.S. TRADE WITH
ASIA GAINING
Helier. He referred to the possible absolute by reason of material facts "It does not rest, however, entirely existence of un improper agreement not having been brought before the with the petitioner whether a parti- GREAT IMPROVEMENT between the parties to suppress Court, and/or by reason of the de-cular case is entered at one of the asked why the trial should be af material facts. "Either form of cree having been obtained by collus-size towns or in London. By the Ipswich, and was obviously informed fraud is difficult to expose," said the fon. by an official of the court that it was President., 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 proceeding at Ipswich that Mrs. Simpson hand
· said she was living at Felixstowe, but | statute. 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.
FOUR COURSES .
IN MONTH OF FEBRUARY
Washington, Apr. 11. The United States trade with Asia
ot
as revented by
rules of the court matrimonial causes other than poor persons' suits—sel "But he himself has stated-con- down for hearing must be referred "The duty, therefore, which is im-rming the statement of the Attor to the District Registrar whose order posed upon the Court is as diflcult ney General-that he decided, and must be obtained for the case to be as it is peculiar the divorce apparently decided deliberately, not set down for trial as required. The showed a remarkable improvement Jurisdiction. But it would be idle, to comply with the rule which directs petitioner is required to specify whe- during the month of February this
ns compared with that for the purposes of this particular that within four days after the enter ther it is desired to put it down for year case, to consider whether the powers ing of the appearance he must file hearing in London or in one of the February last year,
Department of Commerce figures. of the Court might not be made easier andnvils setting forth the facts on assize towns. by amending the wording of the which he relies, and delivering cop- "In this case the petition itself Exports to Asin totalled $44,495,000,
les to the, parties concerned,
showed a London residence. It was as compared with $20,724,000. Im- "But as the Attorney General has not the same as that the petitioner ports from Asia totalled $79,404,000
had at the date of the hearing.
as compared with $58,341,000. pointed out, mere default by Mr.
"But in the affidavit which Mr. "Even so, as the Attorney General Stephenson does not get rid of his Birkett has quoted, it is stated that The Improvement Included trade has pointed out, the statute does appearance in the sult, for in the petitioner at the hearing of this with China Japrec and the Philip- provide methods for assisting the petitioner is obliged before proceed- Court. In fact, though he has re-ing from decree nisl tudenge sult will be residing at Beech House, pines in both directions.
Undercliff Road, Felixstowe..
Exports to China tolulled $4,264,000 only to one, there are four absolute to file an affidavit showing.
$2.428,000; to "It shows that the witnesses nit as compared with laid down in the statute by among other things, that no appear-reside
compared with hope I always do with taren by which persons, including the King's ance has been entered, or if i preside at Bray-on-Thames, in the Japan $24,745,000 frankness, this house was taken by Proctor, may assist the Court, and pearance has been entered, showing county of Berkshire. It cannot be $13,330,000 and to the Philippines the petitioner on advice? It was a these niso are entirely foreign to the
to be $6,530,000 as compared with $4,280,- fact that she was under medical care, ordinary circumstances of litigation What proceedings have been taken surprising if what appears
averemphasis on what Mr. Birkelt 000.
Imports from China totalled $10,- has frankly stated was a temporary residence has attracted some suspic-351,000 as compared with $9,053,000, from Japan $10,382,000 as compared "It is not difficult to imagine cir-with $14,539,000; and the Philippines
000. cumstances in which such an affidavit $8,000,000 as compared with $1,836,- The pick-up is attributed to the might be evidence of coliusion.
better prices for staple commodities which have stimulated the purchasing
"May I say," Mr. Birkett added,
"and I want to treat the Court as
1
ferred courses
and in taking the house i was felt that that came within the umblt of the rules which deal with the venue of a trial."
the
is here that the rights of the
to deal with it.
ion.
NO ULTERIOR MOTIVE "I think it is only fair to say that,
QUEEN MARY HOSPITAL
public and the King's Proctor as a ACTION BY THE COURT member of the public, are provided
"Now what was the history of air. | for, and his dutles are devised. Stephenson's Intervention? Ön Junu- Mr. Birkett then drew the Pre- sident's attention to the
"First of all, the Court Itself may ary 10, as the Attorney General has down regarding the affidavits that to be sent to the King's Practor, who,
davits that direct all necessary papers in a case stated, the Court itself took actium, the regarding it, na I do, as being of had to be sent to the Registrar when under the direction of the attomer utmost importance that there should applying for the fixing of trial at General, may instruct counsel to
be no legitimate ground for aus- a certain town. The whole of the orgue before the Court any question pleton in the public mind of thin having regard to the congested state capacity of the Asiatic countries. matters in regard to Mrs. Simpson's in relation to the matter which the case being treated differently from of this division, one can understand United Pres.
the desire of the petitioner, without addresses were before the Registrar. Court deems necessary or expedient any other case.
any ulterior motive whatever, to have "The Attorney General referred to have fully argued.
"I exercised the right, notwith-her petition heard in the provinces
few weeks, with here this morning to rumours and
"That power can be exercised by standing Mr. Stephenson's own de- within, perhaps,
The new Queen Mary Hospital gossip. The petitioner cannot ex- the court at any time during the fault, to reler his appearance to the out having to wait her turn in Lon- nect to be free from these things, but | progress of the sulf, up to the moment | King's Proctor, and I gave an ex- don for many months.
"If there had been any desire to is to be opened by His Excellency if it is in anybody's mind that
press direction that any proceedings reason for the removal of this case to when the decree absolute is pro- rising out of the investgation should divert attention from this suit, tak-the Governor (Sir Andrew Caldecott)
nounced. It is not limited to the be heard in open court.
Ing leading counsel off his own cir-to-morrow (Tuesday) at 4 p.m.. to avoid a London trial, mere argument of questions of law, Ipswich was or for any other matter which any but can come un to assist the court
cult in an undefended case was hard-s intimated that lounge sults should "No evidence whatever has be-ly the beat way to achieve that ob-
worn by those attending the body could conceive, I am here
toon questions of fact.
come available, either of collusion, or ject." were
"It seems reasonably, clear that Mr, advising Mrs. Simpson at the time
"Next, any person may, at any time of material facts not having been that the only reason for the removal during the progress of the proceedings brought before the Court at the Birkett is right in saying that the real
purpose was expedition. to Ipswich was that it was a matter or before the decree nist is made original hearing.
The President then asked of expedition,"
"That Inst phrasa covers all the absolute, give information Mr. Birkett added that he was wille due decision of the case, and That phrase covers misconduct of the ther notice, or whether he was pre- King's Proctor of any matter material possible bars to obtaining a decree. Stephenson if he required any fur- ing to help the President on any other thereon the King's Proctor takes petitioner, connivance, and all the pured to have the matter dealt with matter he might indicate, and before such steps as the--Attorney General rest of it.
immediately. situng down he added: "I hope I may direct. Next, if in consequence have made it plain that it was the of such information or otherwise the intention of the petitioner to realde King's Proctor suspects collusion, he at Felixstowe for some considerable can intervene. time."
say on behalf of those who
:
the to
Mr.
Mr. Stephenson replied that ha "But reference has been made, and would have the matter dealt with think quite rightly made, to one immediately, and Mr. Birkett asked particular matter, because it obvious that the appearance should be struck ly caused Mr. Justice Hawke, in the out.
The President; You have put it
"It is not necessary to discuss that quite frankly that the residence was particular provision any farther, beso, of a most careful, hearing of this pearance would be struck out.
course, if I may be allowed to say The President stated that the ap-
function.
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