36.
311
14.
It is clear therefore that for at least 11 years the Chinese Government recognised "Lam Tak Luk and Lam Cheung Fuk the Assignees under the said Deed by accepting payment of "taxes from them.
"After having done so, how was it open to the Chinese Government in the year 1904 "to turn round and allege that the said deed was a forgery"
15.
We repeat that these important facts, namely, as to the receipt of taxes for 11 years "by the Assignees under the said deed of 10th January 1883, were not brought to the notice of "the Full Court on the hearing of the Appeal, by those representing the Crown.
16.
In fact the hearing of the Appeal was of a most perfunctory character. It was practically exparte. The Affidavits on the part of the Crown were merely read: there was no proper investigation or discussion of the facts or circumstances of the case, and the Judgment "of the Land Court was reversed on what we submit was very insufficient grounds.
17.
This only shows the radical injustice and unfairness of the exclusion of Tong Wan "Chiu and Xu Fai Shan, who as pointed out in paragraph 24 of our clients' Petition, were the "only persons interested in the result, from appearing on the Appeal, and stating and arguing "their case before the Full Court.
"We have the honour to be, "Sir, "Your obedient servants, "Hastings & Hastings.
"Hon: Mr. F. H. May, C. M. G. "Colonial Secretary.
P.S. We are instructed to bring the matter before the Secretary of State, and will shortly "send you a Petition, which we will ask you to be good enough to forward. "H & H."
Your Petitioners forward herewith copies of the following documents mentioned above, namely,
(1) Agreement dated 4th January 1901 mentioned in paragraph 1 hereof.
(2) Assignment dated 3rd September 1902
(3) Assignment dated 29th December 1902
#
#
13
15
(4) Newspaper report of the application by Tong Wan Chiu and Ku Fai Shan to be added as respondents to the Appeal mentioned in paragraph 25 hereof.
(5) Deed dated the 10th January 1883 mentioned in paragraph 27 hereof.
Witness to the Signature of Tong The Shi and Tong Wan Chiu and Ku Fai Shan and to the marks of Tong Chan Shi
YOUR PETITIONERS THEREFORE HUMBLY PRAY
that Your Lordship may direct due and proper compensation to be paid to your Petitioners for all losses and expenses incurred by them in connection with the matters aforesaid
AND YOUR PETITIONERS will ever pray &c.
Dated the 12th day of April, 1907.
C. J. Dyer
-10-
Solicitor Hong Kong
吉輝山
唐謝民
marks.
ས
36.
311
14.
It is clear therefore that for at least 11 years the Chinese Government recognised
"Lam Tak Luk and Lam Cheung Fuk the Assignees under the said Dead by accepting payment of
"taxes from them.
"After having done so,how was it open to the Chinese Government in the year 1904
"to turn round and allege that the said deed was a forgery"
15.
We repeat that these important facts, namely, as to the receipt of taxes for 11 years
"by the Assignees under the said deed of 10th January 1883, were not brought to the notice of
"the Full Court on the hearing of the Appeal,by those representing the Crown.
"6.
1
In fact the hearing of the Appeal was of a most perfunctory character. It was prac-
"tically exparte. The Affidavits on the part of the Crown were merely read: there was no pro-
"per investigation or discussion of the facts or circumstances of the case, and the Judgment
"of the Land Court was reversed on what we submit was very insufficient grounds.
17.
This only shows the radical injustice and unfairness of the exclusion of Tong Wan
"Chiu and Xu Fai Shan, who as pointed out in paragraph 24 of our clients' Petition, were the
"only persons interested in the result, from appearing on the Appeal, and stating and arguing
"their case before the Full Court.
"We have the honour to be,
"gir,
"Your obedient servants,
*
"Hastings & Hastings.
"Hon: Mr.F.H.May,C、M.G.
*Colonial Secretary.
P.S. We are instructed to bring the matter before the Secretary of State, and will shortly
"send you a Petition, which we will ask you to be good enough to forward.
"H & H."
Your Petitioners forward herewith copies of the following documents mentionedabove, namely,
(1) Agreement dated 4th January 1901 mentioned in paragraph 1 hereof.
(2) Assignment dated 3rd.September 1902
(3) Assignment dated 29th December 1902
#
ต
#
13
15
"
#
(4) Newspaper report of the application by Tong Wan Chiu and Ku Fai Shan to be added as res-
pondents to the Appeal mentioned in paragraph 25 hereof.
(5) Deed dated the 10th January 1883 mentioned in paragraph 27 hereof.
Witness to the Siqual wees of Tong The Shi
and Tong Wan Gliar I'm fai Skan and to The marks of Tong Chan Shi
YOUR PETITIONERS THEREFORE HUMBLY PRAY
that Your Lordship may direct due and proper
compensation to be paid to your Petitioners for
all losses and expenses incurred by them in
connection with the matters aforesaid
AND YOUR PETITIONERS will ever pray &c.
Dated the 12th.day of April,1907.
C. J. Dher
-10-
Solicitor Hong, long
吉輝山
•Shi
唐謝民
marks.
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