1930-08-28 — Page 1

The

brary Cimrena Court

WWh

ASAHI China Mail

BEER

Just the very brand,

MITSUI BUSSAN KAISHA. LTD.

No. 27,578

FATHER AND SON IN

LAND DEAL

FULL COURT OF APPEAL GIVES UNANIMOUS VERDICT

PUISNE JUDGE ON NEGLIGENCE,

A

CONVEYANCE PRACTICE IN

AND AT HOME

HERE

ESTE BLISHED

1845

HONG KONG, THURSDAY, AUGUST 28, 1930,

CROWN LAND IN KOWLOON.

Trespasser in a Quandary.

TIMBER. TO BE REMOVED

The adjourned summons against Wong King for occupying Crown and without a permit from the Hon. D.P.W. was again mentioned before Mr. T. S. Whyte-Smith this morning.

TO-DAY'S DOLLAR — The closing rate of the dollar, on demand, to-day was 1/8 11/16,

PRICE $3.00 Per Month.

по

Dainty Eyeglasses

N. LAZARUS

Ophthalmic Optician

13, Queen's Road Central.

NEW ROUTE MAN WITH BLINKING CHIEF JUSTICE ON CHINESE

TO EUROPE

EYES.

BAGDAD LINK WITH MEDITERRANEAN.

'Couldn't See to Snatch a Handbag.

DESERT RAILWAY MAGISTRATE NOT DECEIVED

SCHEME FOR SUEZ CANAL TRADE.

Bagdad, Yesterday. Definite progress is being

Remanded by Mr: H. R. Butters yesterday for an effort ta flnd Mr. Tong, the Chinese gentleman described as a new arrival in the

Now his Europe, not only to Iraq, but also Inspector MeWalter reported

ESTATES

“GRAVE RISKS OF PERSONAL REPRESENTATIVES”

“SERIOUS BREACHES OF TRUST.”

LAU FAMILY DISPUTE SETTLED

Judgment was delivered by the Full Court of Appeal this morn- Mr. A. C. Burford, land bailiff, made with the project of a rail.Colony, who effected the arrest of

The Chief Justice, Sir Joseph H. Kemp, K.C., gave judgment ing in the ease in which Li Po-kwai, a well-known Chinese merchant,peared on behalf of the P.W.D.way, 600 miles long, directly con- bag snatcher, Mok Lai, the ac-

Mr. F. H.. Loseby, defending, necting Bagdad with the Mediter-cused in the case, made another tor plaintiffs this morning in the case in which. Lan Yick-cheuk, reminded his Worship that at the ranean, which, it is anticipated, appearance before his Worship administrator of the estate of Lau Ping, deceased, sought an order sought to recover certain tanded property from Tsang Chuen.

will be the alternative route from this morning.

for the return of certain properties in the hands of Lau Lam Shi, The case was a very intricate one. It appeared that Li Po-last hearing his client was given a

fortnight to remove.

executrix of the will of Lau Yu-fong, on the grounds that they kwai had made a very peculiar assignment of his property mention-client found that the expenses ex-to the Far East.

A number of British engineers The man, he explained, was new that Mr. Tong could not be found.

were actually purchased with moneys out of the estate of Lau Ping. ing various names in the assignment; one of the names he men-ceeded the value of his property

to the Colony and in giving par- In granting the declaration asked for His Lordship said that in tioned was that of one of his sons. The son who was made the and he subsequently sold it. Mr. employed on the Iraq Railways,

Loseby understood that the time who have a practical knowledge ticulars to the Police he supplied assignee thought he had a beneficial interest in the property, and ber on the site would be tran- of the working conditions on the his name and said that he lived view of the serious breaches of duty and ignorance of duty of the shipped to Cantan within three desert railways, is being lent to in Caine Road, but did not know administrators a temporary safeguard would be added by which he accordi gly mortgaged it to Tsang Cheun'for $16,000.

the British firm which will under-the number of the house. In the defendant would return the properties to plaintiff when required, for The case originally came before Sir Henry Gollan when Li Po.

take immediately the planning of circumstances it was kwai, plaintiff-respondent in the present action, sought for the re-

survey of the railway from sible to find him.

immediate sale. The net proceeds of such sale should then be paid Bagdad to Haifa. turn of the property. His Lordship decided in his favour. Tsang

who had yester-nto Court forthwith

was halt Chuen, defendant-appellant, appealed against the judgment.

THE JUDGMENTS

In both actions. Mr.

weeks.

New Police Court? Mr. Loseby added that he under stood, though he could not say for sure, that the site was want- ed for the erection of a new Police Station or Police Court. He would ask for a period of three weeks within which to clear off

It is expected that the railway will take five years to complete.

It will be built in conjunction with the proposed pipe line from the oilfields in Iraq to the Medi- terranean. The new line will

not impo9-

ny claimed that he

The accused, bind and had been the victim of rongful arrest, to-day played un

is alleged affliction for all he was worth by continuously blinde Inspector R. H. E. Marka said divert a considerable volume offing at the Magistrate. that he had been instructed by Middle Eastern trade from the Eldon | 1917 deed was in the nature of the D.3.P. (Mr. D. Burlingham) Suez Canal-Reuter.

Fotter. K.C.. together with Mrreaulting trust it should have F. C. Jenkin appeared for the teen registered in some form in plaintiff-respondent, under In addition to the registration of the structions from Messrs. Hastings, assignment deed in 1917. Dennys and Bowley, and ar. H. G. Sheldon, instructed by Messrs. d'Almada and Mason, was for the defendunt-appellant.

After giving Sir Henry Gollan's law quotations, the Chief Justice end-The witness was cross- examined and it appears to me on Reading the judgment of Sir reading the evidence that his testi- Peter Grain. Sir Joseph Kemp said many was unshaken. Moreover al in part:-This is an appeal from though the son of the witnesa was the judgment of Sir Henry Gollana party to the case, being one of sitting as Chief Justice in which the defendants, he does not come ho gave judgment for the plain- to give any evidence and one must tif. The defendant row appeals therefore assume that he accepts, against the whole of the judgment as well as his co-defendants, the statements made by Li Po-kwai, the plaintiff."

in the Court below.

They

to inform his Worship that the site, which was close to the Ynumati Police Station wall, was to be cleared for traffic. would not have an obstruction of timber up against the wall as in time of trouble it might be a covering for "bad eggs."

Not for Police Court? His Worship: You see, Mr. Loseby, the Police want the place cleared for traffic. So it is not. for a new Police Court!

timated that a summons to clear At this stage, Mr., Burford in- from the site was served on Mr. Loseby's client on June 24. Last night he called at the site and Under these circumstances it found that still nothing had been would be impossible for this Court done. As neither the Police nor to over-rule the finding of the the Government were in an im- judge that the assignment was mediate hurry he would ask his Worship to grant a month for the site to be cleared of its timber.

The judge in the Court below, after hearing the respondent, Li Pokwai On! cách faund “thức on the execution of the assignment a resulting trust in favour of the plaintiff" aros and that the pre-resulting trust. sumption of advancement in favour of the son had been re- Lutted." "The judge also found that the use by respondent of the nume Li Kan did not make him a party to any fraud and that the failure" to take reasonable pre caution of calling for the title deads (the 1917 assignment) fixed him (the present appellant) with knowledge of the fact that the son had no beneficial interest but was merely a trusted of one un- divided moiety and that that "omission constituted gross negl gence."

Resulting Trust. The judge decided that the pro- perty in question was free from the mortgage of March 7, 1929, and he made an order that the present appellant re-assigned the mocity mortgaged to the present respondent.

against $ was not

third க party

Party

to

#

His Worship intimated that Mr. Loseby had asked for three the weeks and not a month.

re-

His Lordship then dealt with the question of registration. Kis Lordship Said it had been found. 15 Д fact that 1917 assignment created sulting trust and that the signment had been registered. Consequently he held that there was nothing further to register and It was outside the Ordinance No.

1. of 1844.

The defendant was accordingly us-granted three weeks..

CAN'T DEFY THE

COURT.

Stern Reprimand to Car Owner.

RACE FOR LAST WORD.” ́

When a Chinese named Jackson

FINE WEATHER.

The Royal Observatory's weather report states: -

Pressure is abnormally high to the north of Tokyo..

Pressure gradients are shal- Jow over the China Sen.

Forecast:-Light, westerly or variable winds; fine..

Rainfall.

Rainfall to 10a.m.

to-day

nft. Rainfall sinće January 1, 66.50 inches against an aver- age of 64.8 inches.

Temperature and Humidity.

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

were:-

Temp. Humid. Hong Kong ... 19

Amoy

This led Mr. Butters to inquire if the accused blinked like that at the time of his arrest.

THE

His Lordship in judgment said:

In

JUDGMENT

giving to administer the eatate, even after this thirty two years, and the mortgag-

Ing of the Yuen Yuen Godown pro- Lau

perty to the Hong Kong and Shang- hai Banking Corporation to secure the overdraft of the Kung Yeon firm. I wish to say nothing to minimise the gravity of such breaches of duty, which might en- tall very serious consequences on

case the plaintiff, Yick-cheuk, as administrator de Beginning of the Blinking.

bonis non of Lau Ping, deceased, Miss S. Remedios, the -com- plainant in the case, said that de-claims against Lau Lam Shi, exe- fendant was quite all right then, cutrix of Lau Yu-fong, deceased, and added "He started this when a declaration that certain pro- he got into the charge room."

An Indian Police constable who perties, subject to certain exist the legal personal representatives of a deceased person; and if the took the accused over from Mr. ing encumbrances, form part of course followed in the case of this Tong, said that he actually saw the estate of Lau Ping, deceased, estate is a common practice in the him running fast down Wing Kat and were bought by the plaintiff ease of Chinese partnerships I think Street with Mr. Tong and the

ladies after him. Witness, joined and the said Lau Yu-fong out of that the legal personal representa in the chase and saw Mr. Tong moneys, forming part of the said tives of a deceased partner run a grave risk if they follow it, as the catch the man. There was no-estate, and were held by them, the beneficiaries remain entitled to tho thing wrong with the accused's plaintiffs-and Lau-Yu-fong,, as value of the share of the deceased eyes; then.

administrators of the said estate. Partner at the date of his death, Asked if he wished to

plus either the profits attributable Etatement, accused sald "I was The plaintiff also claims an order to the use of his share of the part- wrongly arrested. I can't see, so for the assignment of the proper-nership assets or eight per cent. how could I have stolen the lady's ties to the plaintiff by the defen- per annum upon the amount of such bug?"

make a

This risk is Magistrate: Is that all you have dant.- The defendant put the share, at their option.

run even if the legal personal repre- got to say? That is all,

plaintiff to the proof of the above sentatives have noted in perfect Mr. Butters convicted and pass-allegations. She called no evid-good faith. ed sentence of one year's hard ence herself. labour and 24 strokes of the birch.

AMAZING METAPHOR

92

Macao Prátas Island Manila..

79

91

81

86

75

32

Foochow .....

£2

91

80

.91

Swałow Chefoo Shanghai

80

70

77.

98

OF DICTATOR.

Constitution Like Piece of Rotting Meat."

46

A

PRESS PEER ILL.

RECOVERY. REPORTED OF LORD BEAVERBROOK.

1

London. Yesterday. Lord Beaverbrook has recover,| from his indisposition.

Early Cable.

Do appeared before Mr. R. E. ed

sindsell this morning, he was ad- Reuter. dressed sternly by the Magistrate in the following term:

London, Yesterday. Lord Beaverbrook, who is on a yachting holiday, has been taken with food-poisoning on yacht in Dover harbour.

"PUTRID CABBAGE.”

Warsaw, Yesterday,

Ancient History.

Lau Ping, Yuen Of Yu, and Lau

Question Not Affected.

All this does not, however, in

Ng were partners in the Kung my opinion affect my finding that

Yuen firm, Lau Ping died, in 1898, al parties intended that all moneya leaving four sons as his bene paid into the Lau Kwong Yu Tong ciaries, ie. Lau Siu-cheuk (now acount should be regarded as deceased),. Lau Yu-fong, Lau

It was

Vick-cheuk, and Lau Kwai-cheuk part of Lau Ping's estate. Lau Yu-fong died in 1927 and Lau argued on behalf of defendant that, Lan Yick-cheuk is now the solo though the oral evidence may have surviving administrator de bonis bean to the above effect, the manner non of the estate of Lau Ping.in which the moneys credited to the Yuen Ci-Yu died in 1911, and Lau

I cannot agree.

dis.

"Gross Negligence.” "The learned judge in the Court below finds, that there was "grosh negligence" on the part of the ap pellant and his agent in not coll- ing for the production of the 1917 assignment, the memorial of which

Marshal Pilsudski, who was Ng in 1918. Without any authoris Lai Kwong Yue Tong were dealt ty Lau Ping's personal representa- with, and the way in which the appeared on the register, and that that negligence was sufficient to

summoned to form a

Cabinet tives allowed his share to remain Kung Yuen firm was carried on and after the crisis on August 23, and in the Kung Yuen firm and they in which its profits were postpone the legal estate of the appellant (then defendant) to the

who frequently in the past has have never wound up the estate, equitable rights of the respondent

"You see fit to defy the order

and by this serious breach of duty tributed, show that those so dealing expressed his contempt of parlia- they have rendered themselves and acting were not acting on be The judgment continued it was (then plaintiff). After quoting the

mentary institutions, now told an liable to the beneficiaries, to whom half of the estate of Lau Ping at now argued on behalf of the ap- facts and law regarding this point, of this Court, do you?"

Doo: I was too busy to come

interviewer of the Government they may at any time have to all. pellant that the evidence of Li his Lordship stated “I consider that

organ, Gazeta Polaka, that his account in accordance with the Po-kwal taken on oath in the the gross negligence in this case is Up, so I sent my chauffeur up in-

A doctor has been summoned chief anxiety was to alter the con- principles of section 42 of the A Temporary Safeguard. “ Court below Was not admissible quite sufficient to support the de-stead.

Magistrate: He was told that from London, in addition to astitution, which was at present Partnership who cision of the learned judge bolow

Ordinance, 1897. Fram therefore prepared to make fact and the and therefore uphold his decision his appearance was not acceptable Dover doctor, but the patient's like a piece of rotting meat,

in law the the declarations asked for. It will, deed and that evidence could en this point. It has been also to the Court and you were to ap condition is not serious. Reuter.. mixed with foul bacon and putrid position

to. appears cabbage. The entire work of that.

be however, be made without prejudice not be heard to vary

the firm WEB recon- or con- argued on behalf of the appellant pear personally a week later, and tradict the deed. Therefore, there that the respondent is estopped yet you did not come,"

side because the staircase was be- Parliament stinks eo that the air atitued, though not perhaps express- to any question which any of the

Jis poisoned." was no evidence on which to find from denying that his son had any Doo: My chauffeur did not telling repaired.

ly, on the death of Lau Ping and beneficiaries may be able to raise as a fact that the assignment of beneficial interest in the property me that.

Magistrate: The car could not He added that his greatest care that his sons were admitted as part as to the propriety of the encum- 1917 was a resulting trust. It by the fact that on the face of the Traffic Sergeant Baker: I told ret In, you mean?—I really don't would be to defend the State Treeners.

Similar reconstitutions ap; brance subject to which the declara- was further argued that there assignment is set out the fact that him myself to come up on Tues- know much about it, but I should sury against deputies who wanted pear to have taken place upon the tion must be made. was no negligence by him (the the son had paid $16,000 as consi-day, and I warned him that if he imagine so,

to spend money for their Party death of Yuen Of Yu, Lau Nge and

Lau. Yu Fong. Whose business is it. the chauf- toilets.--Reuter,

The Kung Yuen In view, however, of the serious appellant) or his agent in not deration for the property assigned failed to do so a warrant would asking for production of or in- and par. 582 Volume 13 of Hals probably be issued.

feur's? No, the owner of the

Arm has all along been carried on breaches of duty to which I have spection of the 1917 assignmentbury's Laws of England if cited.. Doo: I understood him to say garage.

as an ordinary Chinese partnership. referred, and to the ignorance of when Entering into "the" 1929 But to set up estoppel it is neces that the chauffeur could come So the garage is not yours, you

A special account was however kept those dutica which has been display- mortgage, and certainly not such sary that certain events occur and instead. In any case, I know no merely pay to store your car

under the name of Lau Kwong Yueled, I am not prepared to 'order the. negligence as would amount to are proved viz., fatention that it thing about the matter. The there? Yes, and the owner of

Another motor cycle has been Tong, and this same was, I find as properties to be assigned to the groga -négligence which would es- was acted upon and that the person chauffeur knows more about it the garage should have been made reported stolen. The thief seems a fact, understood by all parties, in plaintiff without some temporary to have a partially for 3.3.Acluding the parties of the Kung safeguard. The defendant will tablish either "imputed notice" or who did act upon the represent than 1.

to answer this charge. APR constructive notice to the ap tion thereby prejudiced his post Mr. Lindsell then charged Doo Having ascertained from Ser machines as the latest one to be Yaen and the legal personal re- therefore be ordered to assign the pellant or his agent, that the son tion.

with leaving his car No. 2166 un-geant Baker that it was a fact stolen is also of that make. It presentatives of Lau Ping, as a respective properties in question to bears licence number 811 and la LiNga had no beneficial interest. In this case all these elements attended in Gresson Street on the that the staircase was being the property of Lieut. A name for the estate of Lau Ping. the plaintiff when required by him in the 1817 assignment.

aro, missing. The appellant and night of August 0-10.

paired and that there was another

I also and as a fact that any moneys to do so for the purpose of the im Nor was the negligence suffi- | his solicitor never saw the assign- Doo: Yes, but I have a garage car parked outside, and the owner Musson, R.A. who lives at the credited to that account were so mediate sale of the respective pro- credited with the assent of the above perties, and the plaintiff will be alant to give the 1917 assignment ment and there has not been the for the car on the ground floor of of this had also been summoned, R.A. Mess, Kowloon. priority over the 1929 mortgage. slightest evidence that the respon house No 147

Mr. Lindsell remarked-that-Doo's Lieut. Musson left the cycle in parties and with the common:inten ordered to pay the net proceeds of It was further argued that dent intended the statement of In answer to the Magistrate explanation was a reasonable one the stand outside the Star ferry tion that they should be held in any such sale forthwith into court under the 1017 assignment the consideration to be acted upon Sergeant Baker said the car was and he would accept it. Doo was wharf at 8.65 p.m., and when he trust for the beneficiaries of that to await any order which may be returned from Hong Kong at estate, I need hardly add that it made in the administration action son Li Nga was clothed with ap. Indeed he always kept the dead in outside house No. 14,

accordingly discharged, M

As Doo vag about to leave the 11.50 p.m. it had disappeared does not, however, follow that the O.J. action No. 158 of 1980, which parent authority to dispose of his his own possession and no one saw Doo: Perhaps it was left out- molety of the property by reason it but himself. The misrepresent Continued at foot of mast Column Understand now that if you get Mau learns that these stolen fined to that account.

CASESNINA Court his worship said sternly: There is a suspicion, the China assets of Lau Ping's estate are con has been begun by the present de of the statement In that dead that tation_must be the proximate | 142

a summons to this Court you must cycles are being taken to Canton Payments to Account,

I think that Lau Lam Shi acted the son had paid £18,000 as the cause of the altered position. M

In carrying on the business of the quite, reasonably and properly, in de consideration for the assignment I am therefore of opfalou that the hold that this appeal be dismissed answer it yourself

and disposed of there. Doo: Yes, but in this care 1

Kung Yuen and in dealing with fending this acting as she did. I. to him and that consequently the argument of estoppel cannot be with costs.

The reductions in London port the Lau Kwong Yus Tong account, therefore think that on the au- present respondent was stopped maintained this case.

Bir Joseph H. Kemp, K.C., (Chief know nothing about It and concluded: "I love Justice) also read his judgment, thought that my chauffeur would charges which come into operation the legal personal representatives thorities cited on her behalf she is heard nothi cause me to die which in effect concurred with the have been of more use to the In September are estimated to of Lau Plug, or some of them, ap- entitled to her costs as between in the judgment of the judgment handed down by Bir Court Ssave users of the port £120,000 a pear to have been guilty of several solicitor and client, out of the the learned id to below. Therefore, I Peter Grain.

Magistrate: You may go Dal year VAS

breaches of duty, o.g. the fallure estate.

.

from denying that bid "beneficial Interest in:

MANIA FOR MOTOR CYCLES,

.}

fendant....