CO129-355 - Governor Sir Lugard - 1909 [1-3] — Page 417

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I come to the second period-the period of interviews- between Mok Kun and some of the plaintiffs.

This is what Mok Kun says: There had been con- siderable dealings between the Cheong Loong and Reuter, Brockenau & To. in 1906 (those in respect of which the trouble has arisen) and as the money was not forthcoming he went to Canton, to the Kwong Hing Cheong to demand payment: there he saw Leung Lai Sang and Wong Hiu Tung; enquiring for Cheung Tsz Yuen, he was told he had gone into the country.

He told these silk merchants that they had bought sugar from the defendants and had not taken deli- very and that the master was complaining. He said that Woo Yiu Nam had promised security a week ago and had not given it, and that the master wanted $10,000. Where- upou Leung Lai Sang said that Woo Yiu Nam had only written for $5,000: to which Mok Kun replied he did promise $5,000, and as the two partners had gone away the inaster had asked me to come up and see them. (He uses the expression "to see you two"). Wong Hiu Tung said "Woo Yiu Nam had family affairs to attend to, and Tsin Pang's mother is ill." Mok Kun asked how she was, and Leung Lai Sang said "all right", and that he was “sending Tsin Pang down to Hongkong, to raise money." Then on being pressed for the money both Leung Lai Sang and Wong Hiu Tung said they would try and raise it in a few days, as they had only a little over $1,000. Mok Kun went away with the remark which seems, apart from being impolite, not to fit on with his previous story, "You have told me one lie, don't tell another,"-because the 7 days he refers to had not then expired.

There was a further promise to raise the money, and that same night, 10 minutes before the steamer started, Woo Yiu Nam came on board and gave him $1,500 to take down, to haud to Leung Tsin Pang, to aid to Reuter, Brockelmann & Co. It is suggested that these things must have happened because there is an entry in the compradore books of a payment of $1,500 on the Monday morning, Mok Kun's visit to Canton having been on the Saturday. An equally obvious suggestion is that the story has been rather clumsily fitted on to the entry.

Certain letters were alleged to have been written by Mok Kun's directions to Leung Lai Sang on the subject. They were not forthcoming and there had been no notice to produce thein, and the delivery of them was attempted to be proved by two sampan men, and the writer of them. Lai Shi Lun, Assistant Compradore of the defendants at Canton (who was just leaving their service to sot up for himself in Shanghai) produced copies of them which he had given to Mok Kun about a month before the trial. (Exhibits 15 and 16). The letters were to the following effect: The first was addressed to the Kwong Hing Cheung firm, dated 28th January 1907 inviting the Machin, Leung Lai Sang to discuss matters connected with the Cheong Loong which that firm had established. The second was dated 8th February 1907 repeating the request. Formal invitations had also been sent to Leung Lai Sang “to come aud discuss business."

The receipt of these letters was denied, and the proof of their having been delivered by the sampan-men was wholly derisory. But even if they were sent they seem to me quite immaterial, for they merely coincide with the first letter of January 30th by the Hongkong branch to the Canton branch of defendant firm. The mere fact that a man chooses to write to another telling him he is a partner, is obviously no proof that he is. Speaking for myself I have great doubts whether the letters were ever written.

Now Wong Hiu Tung says that Mok Kun did come to see him as he says in December 1906, and discussed the affairs of the Cheong Loong, admitting quite frankly that Mok Kun was under the impression that he was a partner; but he told him he had nothing to do with the firm and gave him no promise to find the money. Woo Yiu Num is supposed to have taken the $1,500 on board the steamer; now there is nothing to connect Wong Hin Tung with the

and he was not asked any questions in money, examination on the subject. What does all this amount to? that Mok Kun thought these men were partners, and

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