1930-07-21 — Page 1

The

Library, Supreme Court

ASAHI China Mail

BEER

Just the very brand...

MITSUI BUSSAN KAISHA, LTD,

PECULIAR

No. 27,545

TRANSACTION

IN LAND

LOCAL AND HOME LAW.

CHINESE METHODS OF PROPERTY

ASSIGNMENT.

BANKERS PRIORITY.

ESTABLIS

HED

1846

HONG KONG, MONDAY, JULY 21, 1930.

TRAIN PLUNGES OVER

EMBANKMENT.

Over 100 People Injured in Express Disaster.

ENGINE TURNS TURTLE,

BIGGER DEATH ROLL

OF TYPHOON.

500 Crews of Fishing Boats Missing.

TIDAL WAVE PROPORTIONS.

Tokyo, To-day.

TO-DAY'S DOLLAR. — The closing rate of the dollar on demand, to-day was 1/3 ..

PRICE $3.00 Per Month.

STONES PLACED

RAILWAY.

Business Manager,

это

Daluty Eyeglasses

N. LAZARUS

Ophthalmic Optician 13, Queen's Road Central

ON TUBERCULOSIS IN THE CANTON TROOPS IN

A Curious Form of Amusement.

IGNORANCE OF LAWS!

COLONY.

Questions for the Sanitary Board.

"POOR LAW" INFIRMARY

THE NORTH.

Inspire Confidence in Nanking Leaders.

**GOOD FIGHTERS.”

Nanking, To-day.

Ten divisions are being sent shortly to reinforce the Govern- "With reference to the motionment troops on the Lunghai and of the Board passed on Tsippu fronts, to which the 60th February 18, 1930, in con- and the 61st divisions from nection with the scourge of Kwangtung, which arrived yester- tuberculosis, will the Head of day, are being despatched to-day the Sunitary Department in- to participate in the Government's form the Board:-

coming offensive.

The third model division ar (a) Whether the motion has rived from Hankow a few days received the consideration ago, and will proceed to Pengpu of the Government.

immediately in order to nip in the (b) If so, what action (if any) bud the possible threat from

the Government intends to Pochow. take thereon:

Elizabeth, New Jersey,

A scaffold apprentice named At to-morrow's meeting of the Yesterday.

The typhoon apparently exacted Chan Sing was brought before Sanitary Board, Mr. M. K. Lo, Over 100 people were injured, a greater toll in eastern Korea Mr. Whyte-Smith at the Kowloon pursuant to notice, will ask:-- some doubtless fatally, when the than in Japan, according to Magistracy, this morning, on a Pennsylvania express, travelling fragmentary reports reaching charge of having put stones on the at full speed, struck an abandoned Seoul. motor car on the line. The loco-1 Fifty-eight persons are known motive was overturned and two to be dead and 83 missing ashore, carriages plungel over the em- while 92 fishing craft, with crews Before the Full Court this morning, composed of Sir Joseph bankment and a third hung pre-exceeding 500, are not accounted

cariously over the edge of for. Kemp, (Chief Justice, Hong Kong), Sir Peter Grain (H,B.M. Supreme bridge above a street. Fire broke The typhoon caused havoc in Court, Shanghai, President), and Mr. Justice Wood, an appeal com-out and impeded the efforts of the south-eastern coast towns, the reachers to extricate hysterical sens attaining the proportions of menced against a judgment delivered by Sir Henry Gollan on April 8

women and children.-Reuter's a tidal wave-Reuter. last in the case in which Li Po-kwai, alias Li Kam, sued Tsang Chuen | American Service. and Li Ngn-ching for title to certain lands.

QUESTION OF A MORTGAGE.

When the ease came before Sir Henry Gollan in the Supreme Court before, it was claimed that Li Nga-ching had wrongfully mortgaged the property to Tsang

the mortgage was entered into. As a matter of fact, Mr. Potter was going to admit that the re ister had been looked into, but he stopped him in time on the ground that if Mr. d'Almada was not called to the box, they had Chinese Press, warning the public no need to admit anything. that his son had no right to do

Sir Poter Grain (to Mr. this.

Jenkin): I see in your cross- examination of the defendant, you asked him as to whether he had that you did not ask him on what searched the register, but I sen date the search was made?

No Question of Fraud.

As regards the suggestion that

Chuen for $25.000, without the respondent, in using the alias of consent of plaintiff. Li Ngai Kam, might have done so with ching's whereabouts are at pre-fraudulent intent, Sir Henry sent unknown.

Gollan had held that he would not Sir Henry Gollan delivered

be justified-in acting upon such judgment for plaintiff, and then assumption nor could he reject present action is an appeal the emphatic statement that the against that ruling.

son was never meant to benefit by Mr. Eldon Potter, K.C., with the assignment. Mr. F. C. Jenkin. appeared to-day

Mason.

Lord. I did not take the matter M. Jenkia: Quite right my further.

Kowloon-Canton Railway, "with intent to overthrow, or upset a train, engine or carriage, etc."

Defendant pleaded that he put the stones for amusement's sake, and added that he had only been down here for a few days, and did not know the laws of Hong Kong. Sergeant Wood intimated that the railway authorities were going to amend the charge in this case, and he asked for a remand. Tokyo, Yesterday, Fuller reports of the Kyushu

The Magistrate said that he typhoon indicate that the deaths could tell the Police another and injuries among land dwellers thing, and that was that he could are relatively small in view of the not deal with the case summarily. If there was any intent to over- throw or upset & train, then the case would be a committal one, I for which the maximum penalty is imprisonment for life.

Storm's Ferocity.

ANOTHER TYPHOON.

To-day's weather report from the Royal Observatory states: The depression over China fa shallower.

A typhoon is situated about 500 miles W.N.W. of Guam, thoring N.W. or W.N.W.

Forecast; S. winds; moder- ate, fair.

The following telegram was received from the Manila Ob- servatory at American Con- sulate-General Hong Kong:

To-day, 11.30 a.m.-Typhoon In about 131 degrees Long. E.; and 15 degrees Lat. N., moving W.N.W.

that be a presumption that you

Sir Peter Grain: But wouldn't j had admitted that such a search was made? Not necessarily, my for respondent-laintiff. Counsel tion of the mortgage to appellant, down, you will find that, in an- Counsel passed on to the ques-Lord and If you look further was instructed by Messre.whereupon Mr. Potter raised the swer to another question of mine. Hastings, Dennys. and Bowley.question as to whether the deeds defendant said that he had left Mr. H. G. Sheldon appeared for had been examined before execu- the matter entirely in his solici appellant-defendant, being in- tion. structed by Messrs. d'Almada and Sir Peter Grain: It appears thereto was made by his solici

Lora hands, and that nil enquirise dainfall w from my reading that it had been tor. We were, therefore, expect- generally d'Almada examined the deeds.

assumed that Mr. ing that Mr. d'Almada would be

called, Was Register Examined? Mr. Potter: There, is dence upon the point. When the case was heard before my object was το d'Almada into the box. Sir Henry Gollan intimated to Mr. Alabaster, who then conducted the defence that he could take what action he wished as to this. Evidence was not in fact, called,

Facts Briefly Stated. The facts of the case. briefly outlined, were that on March 9, 1917, plaintiff (respondent) was Crown lessee of certain lands. On that date he executed an assign- ment, under the alias of Li Hung- sheung, to himself under the name of Li Kam, with second de fendant (Li Nga-ching, his son) as joint tenant. The considera tion purported to be $16,000, but, In fact, neither this nor any other sum was paid.

Respondent never intended to confer, any beneficial interest in the lease to his son and the deeds remained in his possession. He asserts that he retained com. plete control. His son, he added, was not aware of the execution of the assignment, though later he came to a knowledge of it.

Molety Taken Up.

moiety of the estate. This was done in order to secure repayment of $25,000, and interest thereon.

Plaintiff (Li Po kwai) did not admit this transaction, and claim ed that he was in equity entitled to the property in question free from the mortgege. He asked for an order that it be re-assigned to

no evi- my Lord

Ket Mr.

Mr. Sheldon: I submit that the both sides on the assumption that case was quite clearly argued by Mr. d'Almada examined

had actually the deeds." Plaintiff atated in cross-examination that the mortgage in dispute was ad- mitted.

the records

this

Mr.

Mr. Potier's Honour. Mr. Potter reminded his Lord- was entirely a different thing from ships that a search of the register

point he felt very strongly, as he a search of the memorial. On this did not wish the other side to think his cross-examination, and that he that he had misled their client in most of all wished that there should be no suggestion of sharp practice.

gestel so.

Mr. Sheldon: We have never sug-

Mr. Potter: Yes, what about the things you just said to me now. Lordships every word I said.

Mr. Sheldon! I can repeat to his

"Rainfall to 10 am. to-day' 1.57 inches. Rainfall since January 1, 50.42, inches ngainst all average of 47.05.

Temperature and Humidity

The temperature and humidi- ty at certain specified centres this morning at 6 o'clock Were:-

Hong Kong Macao

Temp. Humid.

80

91

70

98

Pratas Island. Manila Foochow

80

B1

75

01

82

01

Amoy

81

92

Swatow Chefoo

90

100

76

92

Shanghai

79

02

Mr. W. S. Cuff, traffic inspector of K.C.R., stated that the stones (pro- duced in Court) were two ordinary flat ones.

What Would Happen?

The Magistrate (to the lad); Did you do it to see what would happen to the engine or what would happen to the stones?

Defendant: I just wanted to sec If the train could break the stones. His Worship intimated that with such small stones there could be no Intent. If there was any intent then defendant would certainly have used much larger stones. He held that defendant was probably right in saying that he did it for fun.

Detective-Sergeant Poyntz: There is no intent..

His Worship remanded the case for 24 hours.

EUROPE AIR RACE.

BRITISH COMPETITORS REACH -CALAIS.

WEATHER VERY BAD.

Rugby, Yesterday.

The early stages of the round. Europe flight, which began at Berlin in bad weather this morn- ing, were Brunswick, Frankfurt, Calais, Bristol, and London. All the seven British entrants start- ed. Butler, flying a Gipsy Moth, was the first competitor to reach Brunswick, his time for that stage

London

Several more divisions are ex- (c) In particular, whether any pected here in the near future

decision has been come to from Hunan and Szechuan.

in regard to the "feasibility As the Kwangsi forces and the of providing some form of Ironsides have been driven out of ''Poor Law Infirmary for Hunan He Ying-ching will shortly the care of Chinese cases." take up the command of the Gov- The Previous Resolution ernment troops on the Pehan ⚫front.

con-

On February 18 Mr. Lo moved: The arrival of the Cantonese That this Board views with divisions, who are well equipped grave concern the increase of and, it is believed, good fighters, tuberculosis in the Colony and has inspired considerable respectfully urges the Govern-fidence in Government circles.-- ment to take prompt steps | Reuter: with a view to making due pro- vision for the treatment of per- Bons

Earlier Cables.

Shanghai, Saturday, suffering from such The war, news for the last few disease, including the provision days is confusing. If the official of a properly equipped sana- communiques issued by the con- torium.

tending factions are correct the The Director of Medical and pposing armies have "marched Sanitary Services moved as an through" each other on all fronts, amendment:-

with both sides inflicting heavy casualties..

"The Boord is much concern- The latest official despatches ed at the continued high level from Hsuchowfu state that nearly of mortality from tuberculosis a whole brigade of Shansi troops and urges the Government to were surrounded and disarmed by consider if more effective steps Government forces to the north- can be taken to ensure so far as west of Tawenkow yesterday. possible, that conditions of re-Severe fighting is still raging neur sidence in the Colony do not Chowtsun, it is.added, and the lend themselves to the aggrava-Shansi troops.in Tsinon are mak- tion or contraction of the ing preparations to evacuate. disease, and to consider the

On the Lunghai front the Kuo- feasibility of providing some minchun are attempting another form of "Poor Law" infirmary attack on the Government's left for the care of Chinese cases."wing near Lushan in west Honari. The amendment was carried by They were driven off on Thurg- four votes to three.

day after a three-hour battle,

"Owing to various militia corps Kuaminchun,

BRITISH GIRL WINS KING'S

PRIZE AT BISLEY.

WOMAN TO THE FORE in Shensi and Kansu threatening

the rear of the [

Feng Yu-hsiang," the message adds, "has ordered the transfer of two cavalry divisions from the front to Kanau."-Reuter, Wang Ching-wei. Rugby, Yesterday.

Nagasaki, Yesterday, Miss Foster's nearest rivals here to-day from Hong Kong, en Mr. Wang Ching-wel arrived

WONDERFUL ACHIEVEMENT.

Sir Peter Grain: Oh, no! We storm's ferocity, owing to ample being 80 minutes. News reached were Lieutenant Eccles of Sea- route to Tientsin.Reuter. Mr. Potter: I say quite empha- don't, want to hear them, and wo warning having been given. tically that

to-day that Messrs. forth Highlanders with 279, and 80 for 09

know that there has never been any About 30 persons are known to Broad, Butler, Rose and Thorn Lieutenant Andrew, London Régi- d'Almada was concerned On March 7, 1929, Li Nga-mitted nothing.

we ad- auggestion of sharp practice. be dead ashore, but it is feared have all reached Calafe. But the ment, and quarter. Master Ser POULTRY CONGRESS. The documents. ching executed a mortgage to ap- of course, were admitted.

Question Of Facts. that the total has been greatly weather is extremely bad and the geant Parker, pellant-defendant, which wrong-

Continuing, Mr. Potter said that swelled by sea tragedies.

channel will not be crossed to Corps, with 278 each. The prize DELEGATES FROM. ALL PORTS

Army Servica Mr. Sheldon: It is fully purported, it was alleged, to dent fact that

self-evi- assuming that such a search was Even afloat due warning saved | night-British Wireless Service. apply to one equal undivided could not have been made unless of proving the essential facts.

mortgage made, it did not relleva the liability scores, for, although hundreds of

is 240 rounds and a Gold Medal Earlier News,

OF THE WORLD. and badge. boats, mostly fishing craft sunk, had been searched

Rugby, Saturday. The King telegraphed to Lord Much interest is taken here in the Jellicoe, Chairman of the Rifle

TO TOUR BRITISH ISLES.

planes which began from Berlin to-

"I most heartily congratulate

Rugby, Yesterday. Fairly comprehensive reports day. About 80 machines are com- Miss Foster on winning this sented at the fourth World's Many countries will be repre- are available from Fukuoka and peting and there are several wo- Mr. Potter: I would admit any-Nagasaki Prefectures.

prize, which is a wonderful Poultry Congress, which begins at Mr. Potter: I strongly object to thing so that the other party would

men pilots including two British achievement in the history of the Crystal Palace London, on' the suggestion that either Mr. not think we have misled them. I

Houses Destroyed...

airwomen, Lady Bailey and Miss

rifle shooting." Sheldon or myself relieved the de- would even admit that the register killed ashore and 21 are missing

At Fukuoka 11 persons were Spooner.

Tuesday. Many famous breeds Miss Foster's victory was ex-will be represented among the fence of the liability of calling and memorial were searched and. Eighty-eight were injured and evolve an ideal touring machine at competitors and she was given a first occasion on which a great in- The purpose of the contest is to tremely popular with the other 7,000 birds on show. This is the Mr. d'Almada.

as a result of the search, the mort- 1,000 houses, were destroyed and a reasonable price. There are 27 great ovation. Her performance ternational gathering is being gago was entered into.

10,000 damaged.

compulsory stopping places, up has added to the list of other not-held in Britain, and the Ministry Sir Joseph Kemp: I am not ask- At Nagasaki, where the wind proximately 170 miles apart, and able achievements this year by of Agriculture are ensuring its

attained a velocity of 112 miles competitors are If there was no search of the regis- have just made an admission and an hour, it is reported that 600 twelve days to complete the course, Johnson's flight to Australia, Misa

allowed eight to women, which includes Miss A. auccess. ter, then the whole case is affect we only want to know the extent houses were destroyed and 1,800 speeds being calculated on the times Winifred Brown's recent victory in Government reception to-morrow The delegates are attending the of your admisalan.

damaged, and over 200 boats, taken between hops, but only 195 the air race round Britain for the night, and there will be a Garden Mr. Potter: I agree, my Lord. Mr. Potter: It will amount to all mostly fishing sampane, sunk.

out of 500 marks are allowed for King's cup, and Mias But someone must have searched that, my Lord.. We can't do any Keishonando Province and speed; the others being awarded Wethered's victory in the Golf

Joyce Party at Windsor Castle. the register to obtain the thing more than that. We are mak Korea, it is believed, were serious after various technical tests, includ Championship.-British Wireless has been arranged for the dele A tour round the. British Isles memorial.

ing the admission because we ly stricken, but no details are ing comfort, accessibility of parts. Service. Sir Joseph Kemp: But if there think your Lordships think we forthcoming, communications be landing, capacity, etc

gates British Wireless Service. is no proof that Mr. d'Almada ought to, but we must say that we ing wiped out, Reuter.

Earlier NewA, There are this year seven British, searched, or that nobody else ever have had no actual knowledge of searched.

entrants. Last year there wera.only.

PHILIPPINES VICE-GOVERNOR.

Washington, Yesterday. President Hoover has nomin-

If it is to be taken that. no evi- sume that the search was not up in the harbour and their crews round Europe contest for light aero-Competition:-

Sir Peter Grain: We now as the majority of these were tied

should like it to go upon Your thought at the time that it had been dence was called, upon the fact.proved, although Mr. Alabaster had were safe ashore. fordships notes, in case another proved. Court. may be called.

him.

Chinese Custom Quoted.

In opening the case this morn ing, Mr. H. G. Sheldon said he would run briefly through the facts of the case, and then go on to deal with the judgment hand,

ed down.

Sir Peter Grain: I think the facts as set out before us seem quite clear.

1. Po-kwai had no intention of

upon his son. If his son behaved properly, it was his intention that

A Serious Point,

Sir Joseph Kemp: This seema

to me to be a very serious point.ing you to admit anything, but you

ed...

Satisfactory Title?

thr

Reuter's

Mr. Sheldon: Very well, my Lord. In that case I need not plead. but will go on to the judg. ment.

Korea's Fate. Dealing with the question of

Rugby, Saturday. the original assignment Counsel Mr. Potter: But there was, my

Tokyo, Yesterday, two, both among to-day's compet! The King's Prize at Bisley has stated that, as shown in evidence, Lord. In the defendant's evi-

Fragmentary reports from Koren tors namely Captain Broad and been won for the first time in his- Presenting his case for the an show that the typhoon swirled Miss Spooner. Both last time com- tory by a woman competitor. This ated Mr. Nicholas Roosevelt for donce, at the last Court he makes plant r. Sheldon said that Mr. across the Southern and Eastern pleted the course wall shead 1 tond Marjorie Poster 84 hd we miss the Vice-Governorship conferring any beneficiary rights mention of a search. He makes a d'Almade, after the search, was shores of that already stricken rivale and Broad was placed second Marjorie Foster of the Women's

statement as to first hearing Li actised of the title of the estate, peninsula with its fury little in the general classification and Legion, who returned a score, Kam's name "when the registers and had therefore executed the abated rustworthy estimates Bret in the category for heavier 280 points, and

Philippine Islands. of

American Servico. the property should be marked were searched." This is all we mortgage on behalf of his client are not avaliable owing to machines. Miss Spooner was then Last year the King Prize was down as to accrue to him at the have on the point. The facts of the plaintif's deal the disruption of Communi- the only woman flying and was won by Colonel R. M. Blair, Cana- a score of 147 out of a possible 150, death of his father. This was in Mr. Jenkin's View. ing with this land were that he had cations, but it is known that placed tenth. Lady Bailey, though dian Seaforth Highlanders, with a thereby winning the silver medal. accordance with accepted Chinese After further argument. Mr. executed a certain property to him- Kefalorando, Kefahohokudo and not competing, new round the course score of 288. In 1928 the winner custom. If the son misbehaved, Jenkin was asked to give his views self and his son, and that as Chusethokudo provinces were last time-British Wireless Service. was Lance Corporal Arthur C. Hale, Foster, who is the only woman or met with parental disapproval on the case. He and that, at the lessor, ba. had executed a lease of severely lashed. the father still had full authority hearing, he did not know whether the said property siguing his own A message from Furan says that er Korea was still mourning Birmingham, also with 288 100, was three points behind Lieut. lave King Edward's School O.T.C., competitor ever to enter the final t cancel the assignment the defence had had any object that

and the tale of death and destruction hundreds of dead in the recent All parts of the Empire were re Androws. To-day she surprised Actually in March, 1980, itin keeping Mr. d'Almada from th

glish probably indicates how the major-rains and foods of which the off presented in the final stage which everybody by putting pp a splendid Came to the notice of respondent witness box The fact however,

trust fty of porta fared Ave dend, 14 clal death roll is published to-day was shot to-day. Of the hundred performance, feturning a scUTE OF that his son was endeavouring to remained that Mr.

Injured, 86 houses destroyed, 168 268 known to be dead, 262 missing, marka en to qualify, Lleut. 186 and thus winning with a total raise money on the security of the not cal

it houses badly damaged and 65 boats believed to be dead, 155 fulared, Andrews of the 17th London of 280. She was heartily com 188/griment. He accordingly in, coul

5,400 houses destroyed, 20,000 Regiment Territorials led the field stulated upon har fine achiev

t in that

and

whether

name

At that whe

sunk, e

At this stage Miss Marjorie