CO129-429 - Public Offices & Others - 1915 — Page 12

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

دت للعيا

11

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a.

b.

Accordingly the following evidence was put before them That the widows of the deceased were married according

to Chinese marriage laws but no certificates could be obtained but that the deceased remitted to them regularly a part of their wages.

Sworn depositions of two Clerks in the Harbour Office here to the effect that the arrears of wages due to the deceased were paid to the Clairante after they had been interviewed by and had satisfied a Government Official here called the Secretary of Chinese affairs as to their identity. Since the receipt of this evidence the Secretary of the Federation has completely changed his attitude and has stated the he cannot advise the representatives of the Owners to pay any compensation "without the strictest proof being given in each case as to the identity of the Claimant and his or her right to compensation as a Dependant".

The Frivy Council has decided that a Dependant although a foreigner has a right to compensation under the Act.

The Court of Appeal has decided that no interroga- tories can be administered in Workmen's compensation proceedings. Further I would point out that even if one of the Dependants went to England to bring a test case which on the ground of expense is out of the question no documentary evidence of marriage could be adduced as there

is no marriage register in China the only evidence being

that of witnesses present at the ceremony and it may be

in the case of wealthy Chinese that the marriage is evidenced on a tablet in the ancestral temple which tablet of course could not be removed. No evidence is allowed

to

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