1930-04-08 — Page 1

ASAHI BEER

Just the very brand...

MITSUI BUSSAN KAISHA. Ltd.

Library, Supreme Court

China Mail

HSTABLISHED

1845

No. 27,457 HONG KONG, TUESDAY, APRIL 8, 1930.

$25,000 LOST IN LAND FOX MURDER RIVER STEAMER

DEAL.

FATHER

WHO MAKES PECULIAR

ASSIGNMENT.

THIRD PARTY VICTIMISED.

CHIEF JUSTICE

DELIVERS

LAST

JUDGMENT.

TRIAL

MAN STRANGLES HIS MOTHER.

LOCAL INTEREST. HONG KONG CITED IN

DIVORCE CASE.

FIRED ON.

CHIEF ENGINEER KILLED.

TO-DAY'S DOLLAR. — The closing rate of the dollar on demand, to-day was 1/6 1/16.

PRICE: $3.00 Per Month.

LEWE

Business Manager. -

Dainty Eyeglasses N. LAZARUS Ophthalmic Optician

13, Queen's Road Central.

EUROPEAN DENIES A HUMAN MOMENT IN

NEGLIGENCE

PARLIAMENT.

TOO CAREFUL WITH BRAND POLITICAL RIVALS HEAR THEIR

NEW GOVERNMENT CAR.

CASE DISMISSED,

CHILDREN SPEAK.

“BREAKING THE ICE.”

SHOTS FROM THE SHORE.

Reports reach the Colony early Mr. F. Baker of the P.W.D., was to-

London, Yesterday..

and Mr. Lloyd George this morning at to the effect that day summoned before Mr. R. E. Lind the San Nam Kes, which is on the negligent driving in Western Rameny MacDonald exchanged sym-

alleged Canton-Wachaw, was fired on in Street on March 30: He pleaded Act Commons to-night as their respec pathetic smiles in the House of the Sai Lam Channel, Just above sality,

ing.

ATTACK ON PREMIER

TILT AT A THREE POWER PACT.

NO

PLEDGE

Mr.

3

PARTY LEADERS.

TO CONFER.

Rugby, Yesterday.

a

Wangmoon, early yesterday morn- The Sergeant said that at about 11.0s tive offspring broke the Parla London, Yesterday.

a.m., he was on motor cycle patrol with mentary lee. Miss Megan Lloyd There was a Far Eastern echo in

Several shots were fired, and the Inspector Bloor in the side car. Ho George, in a maiden, speech, en- The French Foreign Minister, the Divorce Court to-day of the Chief Engineer of the ship, a Chi-was driving down Western Street when couraged by the warm reception of M. Briand, is expected to return- sensational trial of Sidney Harry nese, was killed by one of them. he saw the defendant turn in from Des a typically Georgian quip, settled to London to-morrow after

West. Defendant took down in Fax, the young

a lucid, self-confident week-end consultation with M. MAD who Was Later, the master of the Sare Nam Voeux Road sentenced to death at Lewes Kong halled the a.a. Kong So in the the corner in the centre of the road style to support the Government's Tardieu in regard to the formulas Assizes on March 21 and will be vicinity of Samshul, and informed that the left wheels of his car were afterwards the Prime Minister's ed in the course of the British and and then swung to the left so sharply slum clearance measure. Shortly which have been tentatively evolv- hanged at Maidstone to-morrow for him of the Incident.

lifted off the ground. · After almost mother in the The Chief Justice, Sir Henry Gollan, delivered his last judgment strangling his

The San Nam Keng is registered getting into the gutter, the defendant son, Mr. Malcolm MacDonald, took French discussions In London. Meanwhile, Mr. MacDonald saw this morning at the Supreme Court before his retirement from ser- Metropole Hotel, Margate, after in Macao, and her master is Captain again swerved to the right. Witness then the plunge. Reutor.

There were

Signor Grandi at the House of heavily insuring her life. Fox and Carneiro. She is well known in stopped the defendant.

Commons this afternoon and also vice. The case was one in which a father made a peculiar assignment his mother had been living on his Hong Kong, where she has called skid marks on the road which should [have been evident to the defendant.

had a conversation with Mr. H. L дз both were practically frequently. of certain landed property to one of his sons without intending to wits,

destituta. His mother's body was The news aroused considerable Defendant did not sound bis horn when LORD BIRKENHEAD. confer any beneficial interests thereby. The son, however, got know-found in: her bedroom, to which interest amongst officers on the taking the corner, and ha estimated his ledge of such an assignment, and later he mortgaged his moiety of Fox set are. It transpired after' river run. Full details of the affairspeed as from 15 to 18 miles per hour. the sentence that he had previous were not available at the time of suggested that he should have kept the property to a third party for the sum of $25,000.

ly been convicted of charges of going to press, although Captain to the centre of the road, and witness

Melones, of the Kong So, confirmed agreed.

you were coming |up?—I was then 60 yards away.

Danger to Pedestrians,

Ples for Patience. The Magistrate inquired how tho

Biarritz, Yesterday. The Foreign Secretary. Mr. jewerving of the car to the left was con- Lord Birkenhead's condition is Arthur Henderson, in the House sidered to be negligent driving. Improved. A bulletin algned by of Commons to-day answered a Sergt. George replied that there were three doctors says that he broke a series of questions with reference pedestrians about and any one of them;

The father commenced litigation against the son and the mort-fraud. gagee of the property asked for a declaration that he was entitled to equity to the property in question. In the judgment given this morning, nis Lordship found for the father with costs.

TEXT OF THE JUDGMENT.

The parties in the action were Li Po-kwai, allas Li Kan, and the defendants were Tsang Chuen and L Nga-ching (son of the plain- tia):

Mr. Eldon Potter, K.C., and Mr. F. C. Jenkin, instructed by Messrs. Hasting, Denny and Bowley, ap- peared for the plaintiff and the first defendant was represented

*་

|

Defendant asked witness if it were

Mr. Justice Hill to-day granted the report as to his being informed Defendant: But a decree nial for Captain George of it by the San Nam Keng. Alfred Morse, a Master in the

Merchant Service in the Far East. on the ground of the adultery of his wife with Fox. The parties were married at Shanghai in De- cember, 1908, and lived there and at Hong Kong and elsewhere, and had two children. Morae, who was at present at sea, in an affidavit

transferred by parent to him-sald that his wife occasionally self and a child, the presumption | visited her parents at Sydney. She is that it is intended to be an came to England in 1925 to send advancement; but this presump- the children to school. She was tion may be rebutted by evidence, extravagant and he did not live showing that a differant object with her when he came home. She was intended. Where the parent committed adultery with Fox in a has died before the question comes flat in Southsea In 1927 and in a to be decided, the evidence must hotel in London in 1928. obviously be of a purely circum- understood that Fox, who did not

It is

by Mr. C. G. Alabaster, K.C.. in- | stantial nature, and must be con- appear, knew nothing of the structed by Messrs. D'Almada and temporaneous with the transac-divorce case and entered no answer Mason.

tion. Bu where he is alive, then to the charge. Reuter. his evidence as to intention is ad- missible. It may be open to ob- jection, more or less serious, but

March 9, 1917, he did not intend

it is given upon oath and should to vest any intereat in the second not be rejected unless doubt is defendant; elther during his life entertained of his good faith or or after his death. of the reliability of his recollec-

The Chief Justice anid: The plaintiff is a merchant re- siding in Hong Kong, and alleges In his atatement of claim that on and for some time prior to March 9, 1917, he was the Crown lessee of certain premises in Victoria known as 18 and 20, Wing Kuttion. (See "Devoy v. Devoy" 26 Street. These premises are here- LJ., Ch., p. 290; "Worthington v. after referred to as "the property Curtis" 1 C.D. p. 419). In question."

By deed of assignment dated March 9, 1917, the plaintiff, under the name of El Hung-cheung alias Li Po-kwal, transferred the pro-

question perty in

to himself, under another alias of Li Kan, and the second defendant who is his second son, as joint tenante, in professed consideration of the payment of a sum of $16,000, by the assignees to the plaintiff. He alleges, and on this point the plaint was not cross-examined, that the second defendant was not aware, at the time, of the ex- ecution

A Clear Attitude.

I have already dealt with the reception of the evidence of a liv- ing assignor as to his Intention at the date of the assignment, but the case for the plaintiff does not only rest on such evidence. There in alleged, on his behalf, a course of conduct and adherence to a clear attitude toward this assign- ment which, it is argued, strongly supports his evidence as to inten- tion at the time of the assignment (see "Gooch v. Gooch," 62 L.T. at p. 387).

The plaintiff is a Chinese of standing In the community and no question has been raised as to his financial position. He stated in the course of his evidence that be became possessed of the pro- perty in question and three other houses when his father's estate was divided; and that he dealt with these premises by deeds of assignment dated Marc 8, 1917.

It is proved that the second de- The property in question he as- signed to himself as Li Kan and fendant knew nothing of the a5- to the second defendant, and the signment at the date it was made, other houses he assigned to him- that the plaintif kept in his own self as Li Kan and to his third possession the deeds relating to and fourth sons, respectively; and the property in question, and that in each deed there was a state ha collected all rents and paid all ment that a named amount pass- out-goings in connection with the ed as the consideration for the premises. assignment. This amount, accord- Ing to the plaintiff, represented The statement of claim goes on to allege that by this assignment the value attached to each of the the plaintif never intended to properties upon the division of his confer any beneficial interest in father's estate, but he swore that the property in question upon the in fact nothing was paid under second defendant and that he re-any of the assignment. tained complete control and pos

Plaintiff's Intention. session of such property.

of the deed of assign ment; and he further states that in fact no consideration was re- ceived by him in respect of the transfer.

Wrongful Mortgage.

On March 7, 1929, the second

defendant, although he was aware, according to the allegations of

the plaintiff, that he had no bene- ficial interest in the property in question, wrongfully mortgaged

one equal undivided moiety there-

CURRENCY, COMMITTEE.

Important Decision.

The China Mail is officially Informed that the preliminary meeting of the Currency Com- mittee was held yesterday when details of the procedure to be followed by the Commit- tee the conduct of its in- quiryre settled.

The meeting was unanimous- ly agreed in the opinion that no reason had hitherto appear- ed to show that the use by Hepg Kong of currency based on any other métillli standard of value than that prevalling in the neighbouring country of China would be anything but detrimental to the interests of the Colony.

CLOSED TO PRESS.

The China Mail further learns anofficially that the meetings of the Committee shall not be open to the Press, but that communiques shall be published from time to time. NEW CHINESE MEMBERS It is reported that the Gov ernment has appointed Messra. Li Tse-fong and Chan Yue- ting, J.P., to be additional members of the Committee, and that both attended the meeting yesterday.

Very Seriously Ill at Biarritz.

day.

Stimson during the course of the There was also a further meeting of the British, American and Japanese experts who are ex- amining the methods of meeting the Japanese reservations regard- Ing a potential three-Power agres-

London, Yesterday. The Earl of Birkenhead is veryment. seriously at Biarritz.

was liable to step off the pavement at small blood vessel. "No serious ap- to the Naval Conference and to prehension is entertained.”—Reuter. the British and French search for

{any time.

the

Inspector Bloor corroborated Sergeant's evidenco, but estimated that the defendants' speed in turning the corner was 20 miles per hour.

By the defendant: Witness would have heard it had the defendant sound- ed his horn,

Replying to the Magistrate, the In- spector said that he did not see any skid mark at the corner, and he did not allege that the aworying of the car to the left after turning was danger- oun. His only objection was to the car's speed in coming round the corner. It was too great. Also defradant did! (not sound his horn and took the corner

in the centre..

Moderate Speed. Defendant, in a statement to the Magistrato, admitted that he took the corner in the centre, bu this was be-

causo

Chinese woman was at the

(Lord Birkenhead, who is 57, is a security formula. After saying the son of the late Mr. Frederick that there was nothing to be add- Smith, barrister of the Middleed at present to the replies made Temple. Whilst up at Oxford, he at the beginning of the month by was President of the Oxford the Prime Minister and the Chan- Union, and as an M.P. be caught cellor of the Exchequer he stated, the attention of the House by, a "The "rime Minister hopes to be

audacious witty and

maiden able to make a full statement at speech. He is considered one of an early date and meanwhile ex- the Conservative Party's best pacts that the House will con speakers. Lord Birkenhead has tinue for a little longer to exer, published some livély sketches of cise the patience which it has contemporary statesmen, and also hitherto shown throughout theso "Fourteen English Judges," and long and delicate discusalons, He the popular "Famous Trials.

WARSHIP LAUNCH ON TYNE.

is, of course, la close latch with the delegates from the Dominions and India to the Naval Confer- ence."

Asked by a private member whether, before arriving at any H.M.S. Scarborough, one of the arbitrary agreement regarding. Ar- corner, about two feet fra the left sloops authorised in the 1928 pro- ticle 16 of the Covenant, he would pavement. He sounded his hora several

times, but she stopped where she was gramme, was launched in mail undertake that this matter should and so he turned in. His speed was week at the yard of Messrs. Swan, be laid before the League, the For- only 12 miles per hour when taking the Hunter, and Wigham Richardson, eign Secretary replied that there Wallsend-on-Tyne. She is of was no Intention of arranging for

Corner.

Mr. Baker also pointed out that the similar. type to the Folkestone, anything that would be in con- car he was driving was a brand now which was launched at the same tradiction to the engagements Government car which he had just un yard on February 12. These sloops that had already been entered packed and he would hardly be negitare of 1,040 tons displacement, into. Igent with that. He also pointed out with a length of 250ft, beam of

that the gradient' of Western Street

An Urgent Matter. Mr. Godfrey Locker-Lampson, was 1 in G, and he did not think that 84ft. lin., and draft of 9ft. Geared

Foreign car like the one he was driving turbines suppiled by Hawthorn, Under Secretary for could come round the corner and take Leslle and Co., Newcastle-on-Tyne, Affairs in the late Conservative this evening the gradient at 20 miles per hour. He of 2,000. h.p., will give them Government, moved swerved to the left when he saw the speed of between 16 and 164 in the House of Commons on að: motor cycle coming.

knots. The boilers are of the journment of the House: "On à The Magistrate decided that negligent water-tube type, burning oil fuel definite matter of urgent public driving was not sufficiently established only, for which there is accommo- importance namely, the meaning and dismissed the summons against de-dation for 280 tons. The arma of the agreement between the ment includes two din. guns, one Government and the foreign of which is of the anti-aircraft Powers regarding the interpreta- on Article 16 Two more ships of the class, tion to be placed the Hastings and Penzance, are of the Covenant of the League of being built in dock at Devonport Nations without any consultation and should be ready for floating with the Council of the League,

and thereby engendering piclon and endangering the good relations with other Powere.""

fendant.

CREW IN DISTRESS.

Rescued by a Japanese Vessel.

BRITAIN & EGYPT.

Further Discussion on the Treaty.

Signed Son's Name.

Rugby, Yesterday. Further, a lease was made of The Egyptian delegation under the property in question for five the Premier, Nahas Pasha, had a Chinese years.on October 11, 1927, further meeting to-day with the re- and the lessors purported to be presentatives of the British Govern-yesterday, Second Offer T. Hiyshare, L Kan and the second defendantment in continuation of the negotia of the A Mirage Mero, reported that Apparently the second defendant tions for a British-Egyptian treaty, whilst the vessel was on a voyage from know nothing of this lease, and in The negotiations, which are based swatow to Hong Kong, he observed a out of The plaintiff stated in the course any case the second defendant was on the British proposals of August waterlogged junk 60 miles

In E report made to the Water Police

of his examination-in-chief: "My his son and had no right or title laat and the Egyptian observations Swatow, with its distressed erow on object in putting these properties to the property leased. Whatever on those proposals, will be resumed board.

in the joint name of myself and may be said as to the validity of to-morrow-British Wireless Ser

my three sons was to mark out the claim made by the plaintiff, vice,

the properties so that in case of as to the right to sign his son's my death the properties might be name, it would

appear that his handed" to them later that they conduct in doing so is consistent might succeed to the properties if with the attitude he maintained

his and that the

EUROPEAN ROBBED.

The Mirage Maru went alongside and'

the Junk's crow of four were taken off

and brought to Hong Kong. They were turned over

to the harbour authorities on the ship's arrival in

port.

EUROPEAN MISSING.

Mystery surrounds a report made to the Water Police Station this ^gi]morning, Finland,

A European has reported to of to the first defendant, whe is they behaved well during my life all through, that the property in the Folice that at 268 this morning a partner it, and acted as the time. If they behaved ill, I had question was

he was riding in a public rikisha in nominee of, the Kam Chuen Bank, the right to cancel the assign-second defendant had no interest Douglas Street when the ecolie of 105, Queen's Road Central, to ments. I had no intention of con- in it.

Then an advertisement was in suddenly dropped the shaft and stole secure repayment of a sum of forring any right in these pro- $25,000 and Interest thereon. perties on the second defendant." serted by the plaintiff in a Chin- from his person $75 in United States The coolle ran away, leaving the

Mr. J. Fleming, a passenger on Though the advance of this Then in cross-examination he ese paper on March 4, 1980, and currency. amount is put in lesue in the said intended to mark out the kept in for a week, which war rikisha behind.

the Canadian Pactic liner Empress statement of claim, it was admit property, so that it might go to od persons against transactions

The number of the rikisha was of Russia, reported that Mr. Jeffer ted at the hearing bofore me that y son at my death if he behave with plaintiff's sons or nephews, the advance had in fact, been ed properly, but not automatical-He says that it was inserted be supplied to the Police, who later son Moseley, also a passenger, falled made by the first defendant 15. If he did not behave proper cause a short time previously arrested the coolie, Li Foo, who is to return to the ship, berihed at, the

The case for the plaintiff – is

ly. I thought I had the right to broker had stated to him that it now being held in custody for in Kowloon Wharf & Godowas, Felnice 10.80 last night. They had Just that the evidence disclosed a recancel the assignment. If he be was being said that plaintiff Wah: vestigation of the alloration

returned from Canton by the 10.20 on the aulting trust in his favour which haved properly I would not have ed to raise mon

p.m. boat, and later Mr. Moseley had allowed the assignment to operate in question,

disappested. Meet would have left my property by planation is

Jon Persons will According to Chinese cur

postponed the legal estate confere

red by the mortgage on the first

the equitable Inter

intiffs and

tom there is

OVERCAST

The description of the missing man fa that he was wearing e brown Bult, black neck tie with diamond pin, and also had a gray felt bat He wore brown buttoned boots, Bu aga ta about 30, and his height s

out.

BUS-

The Premier, replying, said he was being asked whether, if there were any reinterpretation of: Ar-

STOP PRESS ticle 16 of the Covenant involving

fresh co ammitments, and if a re- Interpretation was to be made, he would consult other members of. the Council of the League and give

the

House opportunity of con- aldering the draft agreement -in-

volving such reinterpretation is 2

was entered into.......

If the League gave a pledge of that character it would amount to this, that it would be quite im possible for this Government or any other Government to exchange views regarding the meaning of the Article which was somewhat Yague In Its meaning as between France and ourselves, Germany and ourselves or Czecho-Slovakia

London, Yesterday, The Financial Times understands that negotiations regarding the re- striction of the current season's tea crops have been successfully'. concluded, and that all producers are to restrict their output. The chief feature of the scheme is that for the first time the Dutch are co- operating with British growers. It

on a sliding scale, according to the belleves that the restriction will be

quality of the tea, the finest leaf'; being the least affected.-Reuter?

Washington, Yesterday. Premier Explains. The Senate has approved a men sure providing for miscellaneous naval basa improvements on the West Coast and at Hawait costing over $10,000,000. It now goes to the House of Representatives.--Reu ter's American Service. A

Baby Jerusalem, "Yesterday,

It 14 affeally stated that the „"bomba" found in Gethsemane were Turkish shells used during tha War--Beuter.

and ourselves. He could not make such a pledge. What was more there could not be such pledge.

The Premier continued: “Refer- ence has been made to certain work that we bave in hand just now. If we do discuss Article 18, all that it amounts to is that one says to the other, what meaning do we individually attach to Ar ticle 16. At Locarno that was not the case, At Locamo : Germany wanted theʻRESZTANCE, 2s to what Lobligation It would be undertake