1940-11-08 — Page 65

THE CHINA MAIL, NOVEMBER 8, 1940

Widow Succeeds In

Page

Tong Shao-yi Case: Ice Cubes! Perfect Propriety

JUDGMENT WITH COSTS was given in ta-

vour of the widow of the late Mr. Tong Shao-yi, by CHARGE

Deacons.

that the Defendant has run coun-

express

FALLS TO GROUND

the Chief Justice, Sir Atholl MacGregor, this morn- ing in the case in which Tong Lao, eldest son of deceased, sought a declaration that he was in con- junction with other sons, to decide upon how and where the remains of his father should be buried and for an injunction restraining defendant or her agents from dealing with or disposing with the re-

A Chinese housekeeper, mains without his consent and approval.

formerly employed by a Tong Lao was 'represented by 1 much publicity has been given Japanese who has left the Mr. Percy Chen, instructed by in the reports in the press to Colony, was charged be- Mr. H. J. Armstrong, of Messrs. my learned friend's suggestion fore Mr. E. Himsworth at 'Defendant Wu Vi-jau, residing ter to, the express wishes of her Kowloon this morning at No. 15, Kennedy Road, widow husband to be buried in his and third wife of deceased, was native place. I have

with larceny by bailee of represented by Mr. Eldon Potter, instructions that these wishes several pieces of furniture K.C., and the Hon. Mr. Leo were never expressed to the d'Almada, instructed by Messrs. | Defendant. She would. of course,

belonging to Mrs. G. Lee, Ts'o and Hodgson,

have been only too happy to of No. 105, Austin Road. At yesterday's hearing Mr. | bury her husband's remains in Potter submitted that plaintiff his native place had circumstances Accused, Au Kit-ping, 28, was had failed to make a case, and permitted. This is clear from remanded for 24 hours to en- based his defence on the follow-the Affidavits and the letters of able her to return the furniture. ing submissions:

Dr. Alfred Sze.

She pleaded not guilty.

According to the prosecution, a Mr. Yamamoto took over the first floor of No. 27, Hankow Road on August 1 from Mrs. Lee, who also rented some furniture to him. Accused was house-keeper to the Japanese, who left her in charge of the house when he left for Japan at the end Yarnamoto paid a month's rent in of August.

advance before he left.

1.--Our law recognises no pro-. The Chief Justice: I accept perty in a dead body.

that statement. Mr. Potter. Yes- 2. The law does not recognise | terday I allowed you to deal with the claim of a child for the body for burial.

S--The law recognises The clairn of the spouse and parents for the body for burial.

4.Any wish expressed by de- ceased during his lifetime cannot be enforced.

5. By law in Hong Kong the widow is solely entitled to grant of letters of administration.

6.-Law of Estoppal. On grounds of acquiescence, the fact that plaintiff had stood by for a long time.

An adjournment was granted to Mr. Chen yesterday to prepare his reply and this morning he said that there was a conflict of laws, because the substantive

the facts and make submissions thereon because of the nature of the case which I realised has attracted much public and popu- lar interest.

An examination of all the facts as set out in the Affidavits has convinced me that the Defendant has acted with perfect propriety and has done everything that a Chinese widow might and should be expected to do in connection with the burial of her deceased husband.

POLICE

right in the action arose in one VISIT TO

country and the Hong Kong court had to decide how far the laws of the place where the right arose should apply.

All parties were domiciled in China and the right of succession

HOTEL

Au Kwong, 23, and Au and the heir to the property was Yin-fei, 21, described as a the eldest son according to the laws of China. The eldest son, as girl escort, were charged head of the family, was cloaked before Mr. G. T. Lowry with all duties regarding burial.

Those rights were such as to be this morning, with con- enforceable in a Chinese Court of spiring to mislead the Law and, he submitted, could be Police. enforced in Hong Kong to which court plaintiff had come.

Sir Atholl MacGregor pointed out Mr. Chen's client had come for a declaration of a legal right and an injunction with regard to that legal right, but authority must be produced to show that he had the legal right.

Mr. Potter had shown that the laws of a foreign country did not necessarily apply in another place and Mr. Chen had to supply authority showing otherwise,

The Judgment

First defendant went to Cen- tral at about 9 p.m. on Wednesday, and reported that his sister, the girl, was being de- tained in the Mei Chau Hotel, by a man named Chau Wing.

The Police entering room No. 321 of the Hotel found Chau Wing sound asleep and the girl sitting near the bed.

The girl told the Police she had been robbed of her jewellery by Chau. Enquiries followed and later the girl admitted that it was a "frame' up."

Giving judgment, the Chief. She confessed that they had Justice said that Mr. Chen's argu-conspired to get Chau Wing ou! ment rested entirely on the basis of the way, because her brother that the law applicable to this did not like him. She had known case was the law of the Repub-Chau for a long time. lic of China,

Mr. Potter's argu- First defendant was sentenced ments took the opposite linea three months' hard labour, He had heard Mr. Chen's argu- while the girl was sent to ments and he was satisfied that prison for one month. Mr. Potter was right and the only law applicable was the law of the Colony. By English law, the first thing a

that

must satisfy the court when he seeks remedy on an injunction is that he has a legal right and Mr. Chan had not done so..

estate,

BOOK CLUB MEETING

|

Mrs. Lee received a cable from Towards the end of September, Yamamoto, stating that he would return some time in October. On October 19, accused received a able from him saying he would not be returning to Hong Kong and asked her to give up the flat. The cable also instructed her to remove his furniture to his friend's house.

Accused went to see Mrs. Lee and informed her of the instruc- tions. Mrs. Lee said she could not quit unless two months' rent was paid. Accused replied that Mrs. Lee could deduct the rent

from the furniture-deposit of $200.

Two days later Mrs. Lee re-

ceived the keys of the flat from

an unknown man. She went to the flat and found several pieces of furniture belonging to her had en uken awanshe police sup sequently arrested accused in Wanchai and recovered a divan bed and an arm chair:

Pleading not guilty, accused produced the cable and stated that she moved the furniture because she was not aware it was Mrs. Lee's property.

"

The Magistrate said that there was no evidence to show that ac- cused deliberately took away the furniture.

He ordered her to produce the rest of the furniture to the police.

CLOTHING

DIVERTED TO S'HAI

SPECIAL TO "CHINA MAIL"

A

AMOUNT OF CLOTHING COLLECTED IN THE UNITED STATES FOR WAR REFUGEES 'IN EUROPE 'AND' WHICH HAS BEEN UN-

_The sixteenth annual meeting | ABLE TO FIND A WAY ACROSS

NEXT

MONTH AND WILL BE

IM-

The person who, by the law of the Colony,, is entitled to Let- ters of Administration; had there of the Hong Kong Book Club was THE ATLANTIC, WILL-AR- been any under the jurisdiction held in the Post Office Building RIVE IN SHANGHAI of the court, to the

is this week. the widow, to the exclusion of The evacuation was mentioned 'MEDIATELY DISTRIBUTED all others. She further

JEWISH had as likely to affect seriously mem- AMONG EUROPEAN

bership in the coming year, as REFUGEES, ̈ ̈ ̈ THE AMERICAN many members were women now FRIENDS COMMITTEE gone to Australia and elsewhere.

HAS PHILADELPHIA !

the duty to take charge of the body of deceased and proceed with the burial.

The only decision

IN

*IN

The large consignment of clo- thes could not pass the blockade and other war restrictions.

he could Mr. R. A. D. Forrest was re-FORMED THE. LOCAL BRANCH arrive at was an order for judg elected President, while Dr. G. E. OF THE SOCIETY, ACCORDING ment. for defendant with casts Rowan again undertook the duties TO THE "CHINA PRESS." and for the interim injunction of Honorary Secretary. already ordered to be discharged. In conclusion, Sir Atholl Mac- Gregor said he would re-echo the hope of Mr. Potter that the re- mains of the murdered patriot would at last find a resting place and be at repose," and he would add the hope that the members of the family would be able to compose their differences.

Perfect Proprioty

The President thanked those who attended, and urged them to introduce new members as", no- After consulting the American where could $15 be applied to a | advisory committee, the Salva- better purpose.

tion Army and the Jewish Re- fugee Committee, the local branch of the" American Society, stressed the pressing need among Chinese and Jewish refugees in Shanghai.

POSTMAN BITTEN

A postman, Yip Shing-nam, was treated at the Queen Mary Hospital yesterday after being The unexpected godsend comes bitten by a dog, owned by Mr. as answer to the crying need

A. F. Walkden, of No. 3, May of Shanghai indigent thousands that Road, about 3:15 p.m.

Mr. Potter: My attention has been called to the fact

1.

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