1914-07-22 — Page 3

THE HONGKONG DAILY PRESS, WEDNESDAY, JULY 22an 1914.

"DEATH OF SIR KAI HO KAI, remarked: “There is one thing, and one

C.M.G.

NOTABLE CAREER OF PUBLIC

SERVICE.

We deeply regret to record the death of Sir Kai Ho Kai, C, M.G., which occurred somewhat suddenly at noon yesterday, from heart failure, at his residence in

year of his age.

Sir Kai Ho Kai was the son of the Rev. lio Tsun Shen, of the London Missionary Society, and was born in Hongkong in 1660. Ho was educated at the Govern-

only, that I can claim for myself, and that is, that I have always during the past tried to do my best in the discharge of my public duties, and, in no instance have I permitted my personal inclina- us or self-interest to interfere in the discharge of my public duties, both inside. and outside this Council. "T

SUPREME COURT:

Tucsday, July 21st.

COURT OF APPEAL BEFORE SIR HAVILLAND DE SAURMAREZ, President; THE CHIEF JUSTICE, ME. H. H. J. GOMPERTZ, AND THE PUISNE JUDGE, MR. F. A. HAZELAND.

15

furnish a gencological tree, and these the construction of Chiness family law contained the names of the lines in that Colony, that some time ago Bir descendants, Ho Tse Chan, the appellant, Frandis Piggott was appointed Chairman hold that no female was entitled to any of a Commission which was to deal with share. That incidentally led, to the this question, and he (Mr. Pollock) was question with which they had now to dea!: to be one of the membora. However, that as to how the genealogical tree was

Commission never sat, but he had a state ascertained by Chiness law. This quament which had been prepared, and this tion was referred by the Registrar to the statement as to Chinese law which was statement nbsolutely differed from the

Chief Justice, the former not being pre made by Mr. Sharp. The statement CHINESE AND ENGLISH LAW OF SUCCESSION.pared to deal with it. The solicitors which he had did not say that females

Ho Tas Chun . Ho Au Shi, Young Bui raised the point before the Chief Justice were excluded from such a bequest. and Chan He Shi, Cher, Ho Hong Chun, Ho Chang Shi, in Chambers, which was substantially that women, including the testator's widow, the eldest son's widow, and the testator's daughter, were not entitled to any share of the estate, but that the adopted son, being a son in Chinese law, was entitled whether this adopted son was entitled to to some part. The question also arose

Counsel for Ho Tao Chun moved for the Court to vary a finding in Chambers of the Chief Justice (Sir Wm. Rees Davies, K.C.), on the special case, delivered on September 2nd, 1913, by inserting the words in accordance with Chinese law

Sir Kai Ho, Kai's last public appear- Robinson Road, Hongkong, in the Mithance was at the City Hall on the 6th June, on the occasion of the presentation of a magnificent silk embroidered scroll to him by the leading Chinese merchants and several valuable and choice articles of silverware in recognition of his devotion to their interests. The hope was express mont Central School (now Queen's Coled by the Chairman of the meeting that lege) and subsequently in England at Sir Kai would soon be back among them Palmer House School, Margate; ot again and that he would be able to Medical and Surgical School; and later resume some part at least of his public and custom," after the words "next of any sum according to the English law. their method of dealing with such

work. Sir Kai's reply was optimistic at Lincoln's Inn. He took the degrees of

and he affirmed that it was his dearest M.B., C.M., (Aberdeen), became a mom with that he might yet be able to render ber of the Royal College of Surgeons (England), and was Senior Equity Scholar at Lincoln's Inn in 1881. Upon

Aberdeen University; at St. Thomas's

returning to the Colony he started to practice medicine, but, according to his own account, found that the Chinese wore not at that time prepared to avail them selves of Western medicine unless it were offered free, and he consequently started to practice as a barrister-at-law. But his activities were by no meaus monopolised by his legal work. He took a keen interest in public affairs and especially in all branches of education. In course of time his was representing the Chinese com munity and assisting the Government in a variety of ways. His public service includes 24

membership the Legislative Council; twelve years on

years'

of

the Sanitary Board, and five years on the Public Works Committee. In addition he served for many years on the Standing Law Committee, the Examination Board, the Medical Board, the Po Leung Kuk Committeo, the District Watchmen's Com- } mittee, the governing body of the Free Hospitals, as well as of the College of Medicine, at which he was a Lecturer of Assessor until the College was merged into the University (which Sir Kai Ho Kai himself was so largely instrumental in founding), and he then became a member both of the Court and the Council of the University. For over

Medical Jurisprudence and Rector's

some further service,

INTIMATIONS

Odol

The World's Dentifrice

The President, in granting the applica tion for adjournment, said that the application was made in order that cer- tain evidence could be collected to lay before "them. reference to the adjournment of appeals, there Speaking generally with

practice applied at Home, and governed it was their opinion that the same

applications, as it did here. His Lord- ship quoted authority which stated that even though all the parties consented to such an adjournment, good and suffi- ciont reasons must be shown for it." He thought, and his learned brothers agreed with bin, that such a principle was

sistent with the proper administration of justice that appeals should come on for hearing in their proper order, and by the decision of the Court by which little water will thoroughly purify the they had been put down. That particular oral cavity, destroying all-injurious and as there was some doubt, and some which Odol alone, possesses, it permeates case was one of very great public interest, bacteria. And by a marvellous property, mixed pleadings about some of the applicants, he thought a judge would naturally concur that the inquiry asked very respectfully submitted that the for should be held. With regard to the Chief Justice did not rightly understand four-tenths which had been mentioned, their case; he did not think so at any rate. it was quite clear that a distribution He submitted to their Lordships that if should be made, and that this should be

kin."

The estate over which litigation The Chief Justice held that the views of arcse belonged to Ho Tsun Sam (deceased), Mr. Bowley, who had charge of the matter and the parties in the original summons for his (Counsel's) client, were interesting, wore Ho Tse Yeo v. Ho Tse Taun (or but that they were covered by a decision Chun), and Ho Hong Cheung, the in another Full Court case: the case of summons being for an order of adininis-one Lan Yu Shi. Mr. Sharp went on to tration of the real and personal estate of say that he was not questioning the

questioning the judgments which had been utilised, neither was he appealing with regard to the rule of perpetuity, but he was appealing against what he thought would be seriously questioned in any Court, the finding of the Chief Justice with regard to the adopted son. The real question was What was the law of Hongkong in such a

He

manner?

While the deceased's activities were mainly centered in Hongkong, he never theless took a very keen interest in the Reform movement in China as the follow ing list of his publications will serve to

Ho Teun Sam, with all necessary and judgment of the Chief Justice, he was not necessary, and that it was wholly con- indicate A Critical Essay on China, proper directions. Tostator by his will the Sleep and Awakening, 1887 (English directed that his estate should be divided and Chinese); a letter addressed to Lord into ten shares, and that six of these should Charles Beresford on the Open Door, 1899; be distributed to Ho Ya Wing Tong as an Open Letter addressed to John Bull ancestral worshipping funds, to be still on the Boxer Rising, 1900; articles on Sir controlled as property by the sons and R. Hart's Memorandum on the Land Tax grandsons for over. In his finding in the of China, and Army and Navy Scheme, special case, the Chief Justice declared 1904; published in Chinese only-Reforma-that the bequest for ancestral worshipping tion in China, 1895; the Foundation of funds was invalid as offending against Reformation in China, 1885, Criticisms the rule of perpetuities, and he ordered on the Views of Kang Yu Wei, 1998; the an inquiry before the Registrar in Cham Beat Means of Effecting Reformation in hers to ascertain who were the next of kin of Ho Tsun Sam at the date of his death entitled to share in the six shares of which the testator was deemed to have died intestate, owing to the invalidity of the bequest.

da China, 1900. He keenly sympathised with (instructed by Mr. Bulmer Johnson, of Mr. Sharp, K.C., and Mr Eldon Potter the Revolution and was identified with Messrs. Dennys & Bowley) appeared for the publication of The Outlook, a daily the appellant; Mr. C. G. Alabaster English newspaper in Hongkong founded (instructed by Mr. Agasaniz, of Messrs. for the purpose of supporting the Revola- Harding & Agassiz) appeared for Ho the carted elsewhere under similar Pollock, K.C. (instructed by Mr. Walker, tionary cause, but the newspaper, like Hong Chun and Ho Chang Shi, Mr.

conditions, had but a brief existence. Sir of Messra. Deacon, Looker, Deacon &

China. 1898; Criticisms on the Views of Viceroy Chang Chi Tung, especially his work,Encouragement to Learn 18, 1899; Persons Responsible for Reformation in China, 1900; Two Critical Essays on the Progress of Reformation in

You can depend

upon Odol

Just a few drops in a

the gums and lining membrane with its whole mouth from all harmful bacteria protective antiseptic elements, freeing the (which destroy the teeth), and keeping it free, and fresh, and wholesome, and the breath delightfully fragrant for hours.

AND

JEWELLERS.

the Chief Justice had understood their done forthwith. The order would have CHS. J. GAUPP case he would not have held, in the written to be drawn up, and any provisions which addends to his judgment, that the present were necessary could be inserted, and position was covered by the previous case, any application on this point could be

& CO., nachais finding was. Assuming the English made at that Court before he left for

Chinese in Hongkong, he would still argus Statute of Distribution to be in force for Shanghai. that the status of the persons intended of the costs for that day.

Mr. Pollock then raised the question WATCHMAKERS by that Statute had to be ascertained by the appellants had applied to the Court Seeing that

Chinese law. Also, he contended that the for the adjournment, he thought that they English Statute of Distributions was should defray the costa stances of the Colony and its inhabitants could not have made that application inapplicable to use to the local circum- Mr. Sharp again pointed out that he His most serious opponents were those before. As regards the collecting of the Kai was related by marriage to Wu Ting Hamion), represented Ho Au Shi and who were representing women's intereste evidence, there was always the risk that SURVEYING AND NAUTICAL- thirty years, also, he had been on the roll Fang, who on two occasions has been Yeung Sui Chee, and Mr. F. C. Jenkin in the case, and in regard to this, obtain the evidence that the Court would

Counsel queted a

if they had gone to heavy expense to

passage from Mollendorf, to the effect that a woman say at once that they did not want to upon marriage left her family fer ever, hear it, and all the money and over afterwards belonged to her would have been wasted. husband's family she considered her

The President agreed with this view,

of the Justices of the Peace. Ag

+

Minister to Washington, and who it will

His public services were first recognise remembered figured very prominently ed by H.M. the King in 1902, when Dr. for the abdication of the Manchu rulers. in the negotiations with Yuan Shih-kei Ho Kai, as he was then called, was

With such a record of service as we created a C.M.G. The Knighthood: was conferred in 2012 upon the occasion of have outlined it is perhaps superfluous to the opening of the University, when Biry that Sir Kei Ho Kai was the best known Chiness resident in the Colony, Frederick Lugard made the announce. ment in a speech in which he referred to as well as one of the oldest. He was Dr. Ho Kai's ceaseless and antiring essentially fitted by education and tem- efforts to explain to his countrymen the perament to fill the many public roles benefits which would accrue from the we have enumerated, and his loss to the University. "His long public service as a

Chinese community and to the public member of Council·

and of bodies on which he served will he almost innumerable Boards and Commissions, and irreparable, while his demise will be as confidential adviser in Chiness affairs regrotted by all. Europeans who take an to successive Governors, entitles him, His active or even passive interest in-the Excellency said, "to be considered as the government of the Colony loading representative of the Chinese

Bir Kai was twice married His first Chin wife, Alice, daughter of the Inte John community of this Colony. authorised by the Secretary of State to Walkon of Blackheath, died in 1884, and announce that in recognition of his pub to her memory he built the Alice Memorial lic services, as well as of his work for Hospital and presented it to the Colony. the University, His Majesty has been His socond wife was a Chinese lady pleased to confer the honour of Knight who survives him. With the widow and Bachelor upon him. I congratulate him her family there will be widespread and through him the Chinese com-sympathy. munity." The announcement came as a The funeral takes place, this afternoon surprise and it was welcomed with a at 5 o'clock at the Protestant Cemetery, storm of applause. It was not until Happy Valley, the cortège passing the last year that Bir Kai Ho Kai began to Monument at 4.50 o'clock. feel that his health was breaking down. He thereupon took a holiday, but find- ing on his return that he had not re- covered his old energy and capacity for work he resigned from the Legislative Council, and gave up much other work in

TUNG WA HOSPITAL FLOOD,

· RELIEF FUND, ・・

: axpanded

BAZAAR IN AID OF THE FLOOD RELIEF FUND.

(instructed by Mr. Davidson, of Messrs. Hastings & Hastings) was for Chan Ho Shi.

Mr. Sharp, in opening on behalf of the appellant, said that the testator, who was a Chinese official, died in 1894 and left husband's parents as her own parents and and ordered that the costs should come considerable leaseholds in Hongkong, the so became for all legal purposes a member out of the estate. present value of which was roughly of her husband's family. The English 8955,000. He left surviving a very few Law, he submitted, upon authorities persons who would be necessary in his which he quoted, would only recognise a argument. There was the widow, who had marriage under a monogamic system. since died; an eldest son, who had also The Chinese system was not monogamic, since died, but who was represented by and therefore the English Law would not acknowledge with sincere thanks the fol The Committee respectfully beg to

the eldest son of the deceased eldest son a son (for whom he appeared), who was recognise it The Statute of Distribu-lowing promises of gifts and services in

tions was founded upon English law, aid of the Bazaar from: and war the sole surviving executor of and the Chinese were absolutely careless his father's will. There was a second son, of the English family law, not adopting and his (Counsel's) position with regard it in any way whatever, or the law of to him was that he was adopted in Chinese he contended, had not treated this matter succession. The Hongkong legislature, fashion, being transferred from the first to the third branch of the family, because the third son of the testator was childless. Mr. Pollock at this point said that on behalf of his clients he did not admit that adoption..

appear

of

The members of Mr. Chan Kang Yu's family Cinematograph Performances con- ducted by them.

Mr. Lai Yuet Chun of A. Fong firm

Photographs of members of Executive Con- Enlarged photography of donors to Bazaar.

Mr. Lau Lai Chiu of Yim Fong firm.

as it ought to have done, and as a matter of fact they had no positive legislation legalising Chinese marriages those or legitimatising children marriages. Councel added that there was so much that was necessary to prove Use of building tree of rent. case of that nature that he would now appeal for an adjournment in order that

mittes and enlarged photographs of donors to Bazaar.

The Connaught Aorated Water Co.--Fall supply of serated waters required.

The Proprietors of the Tung Ting Hotel Use of new building for site of Bazaar.

Mr Ip San Chi (Landlord of Building)—

The Sun Co5 pieces of Turkish red

cluth, and 15 gasoline lamps,

The Chin Chenng firm-Füll supply of kerosene oil required.

The Girls Knitting SchoolArticles of funey work.

affidavits and evidence could be obtained upon the local circumstances relating to the applicability of Chinese law and custom to the family system, and the The Shiu Wo Cheung firm-Provisiona position and status therein of wives and The Hongkong and Kowloon Dairy Farm daughters, married or unmarried. They Co. Full supply of milk required...-- had a case of an adopted son, but they stars in the recent flood

Moe Cheong-1,000 copies views of dis had no case of an adopted daughter. He The British and American Tobacco Co.--

Mr. Sharp said he was merely pusting his own case and went on to say that the only other person he wished to draw attention to was a daughter who did not on. the genealogical tree, a daughter of the testator named Chan Ha Shi, Under the will with which they were now dealing, the estate of Ho Tsun Sam was divided into ten shares, and of those ten shares four went respectively to the The Tung Wa Hospital begs to acknow- eldest son, whose son was represented by had not had an opportunity of making Seven days supply of various kinds of the hope that with rest he would be able ledge with thanks the following donations him (Mr. Sharp), to the second son, to that application before, as such an

---- the adopted son, and to a grandson. The resume his public work. Unhappily, the M. Already, acknowlodged 8114,00,00 remaining six aharts the testator provided 1314 10 for ancestral worshipping funds; but

four-tenths went to the family, and six 550.00 tenths went for worship, and was to be

held as property for ever." Their Lord ships would notice that under the will no 50.25 share was left to any female descendant,

yet a daughter was now represented.

to regain his accustomed vigour and to the Flood Relief Fund

hoped-for recovery never came.

The deceased's bidding of farewell to the activity of Legislative Council work was almost pathetic. The wrench which this meant to one who had been so active was made evident in Sir Kai Ho Kai's feeling reply to the resolution of regret at his resignation, and thanks for the valuable services he had rendered to the

Loko Fow, Kuala Lumpur... Messrs. Kwong Tai Lung, Panama Kowloon Customs Stuff, Final

instalment Wing Sheng Lau Memis. Chi Hing Collected by us. Tai Shan (22nd

instalment) ng Cullected by ss. Tai Shon (23rd

instalment)..... Ling Kee Company Messrs. Lee Nam Lung Messrs. Wo Tai .... Messrs. Tak Lung

local legislature. Now, Sir," he con- cluded with evident émotion, I am sure in the present circumstances, when my Messrs. Po Yuen

beart is full and emotion is strong, you Messrs. Kwong Tung On

Messrs. Wing Shing Cheong

will excuse mu from saying anything Messrs. Tui Lung more except that I do thank you, Sir, and Messrs. Hau Shang Wo all hon. members of the Council, for your To Wong Shi.... kindness to me during the past, and for Mr. Kom Young Kiu Mr. Yung Kwai Shan

the special kindness you have shown to Messrs. Hung Fat Teeung me at the present moment. I wish simply Messrs. Kivong Wing Cheong to bid you, Sir, and all my honoarable Messrs. Fu Lan Kun

Messrs, Yee Wo Shun Ken

colleagues, a formal farewell, and to Mesurs. Mee Foong assure them, Bir, that in the future, as Messrs. Tai Fuk ... far as my failing health will permit, IMessrs. Tsin Tseung shall, to the best of my ability, over be ready to co-operate with your Excellency and the members of this Council in pro- "moting any measure for the good of this Colony." Just previously deceased had

lessrs, Kang Hing Messrs wong Cheong Lung Mears. Sun Sui Fat Seven clonations of $5.

· 209,90 100.00

28.80 45.00

Mr. Jenkin-1 appear for the only lady, 30.00 your Lordships, (Laughter.)

$95.00

25.00

tohaced and cigarettes,

Messrs. Kruse & Co.Ditto of 565

application had to be made before the cigarettes. three judges

Mr. Pollock thought that Mr. Sharp could have intimated his intention of making that application when they were in Chambers with reference to that case few days ago. It would place his clients in a more favourable position if the case went forward at oner. Hig

The Queen's Dispensary-Full supply of

aerated waters required

Mr. Ng Tung Kai-50 dozen China and Foreign Knitting Co.'s socks.

Air. Chan Chi Tin of Tri Tak Ehing rm- Full supply of floral "Button-holes.

INSTRUMENTS.

ZEISS PRISM BINOCULARS.

SUN GLASSES.

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SOLE AGENTS FOR

The "Pui Ching" Girls School--Articles of fancy work of various descriptions: matograph Thostro Cinematograph per- FALCON

Mr Lau Yum Suen of the Bijou Cine-

The So Kwong Hing firm-Transparent decorations required:

Li Chim Koo Three large double-spring gramophones 2 dozen double-faced records;

seven-day clocks, 19 gold and silvar. watches: 24 dozen watch chains,

| clients were very anxious that this matterformances for 7 days and nights.

should be decided promptly. Mr. Pollock - Mr. Sharp proceeded to point out that added that the four-tenths of the estate 25.00 for fifteen years after the decease of the had not yet been distributed, and he ask 20.00 old man the estate was managed by theed that these four-tenths should be distri-3 20.00 testator's widow, who was an executrix,buted as they were bequeathed. He would

and she died in 1909. Shortly after this like the case to go forward. 10.00 action was commenced for the administra Mr. Jonkin said that he had no objeɛ- 10.00 tion of the estate. On September 2ndtion to an adjournment. The applica-

20.00

15.00

10.00 last the case was settled by consent tion, he understood, could not have been

regarding the six-tenths for ancestral made at any other time.

70,00

10.00

10.00

10.00 worshipping purposes. With regard to Mr Alabaster expressed himself in 10.00 this, however, tho Chief Justice held that similar terms to Mr. Pollock, If the 10.00 | the bequest was bad under the rule of adjournment was granted, he asked that 10,00

perpetuities. It was then adjudged that | the four-tenths which had been 10.00 the boquest for ancestral worship funds bequeathed to various persons should be 10.00 was invalid and an inquiry was ordered distributed. Up to the present any 10.00

to be made by the Registrar in Chambers attempt to distribute it had been, opposed 36.00

as to who were the next of kin of the by the appellant. ⠀⠀ $118,909.85|| testator at the time of his death, and the

Mr. Pollock then stated, with regard Registrar, directed each of the parties to to Mr. Sharp's remarks on the subject of

The Hongkong Electric Co., Ltd.-Full supply of electric current required.:

Yan Loong Two dozen fancy lanterne. The "Nam Young" Tobacco Co.-Full

supply of cigarettes required,

PILSENER

BEER.

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Tai Pak, Lau---Full supply of tea, coffee and cakes required.

The Anglo-Swiss Condensed Milk Co PRICE Condensed milk

Pit Tak Sing Dispensary 2,000 bottles "Pit Tak Sing" pills and 200 hatt en per- fame,

"To Seung Fu"-School-Serviceable articles.

Young Chan Sing 50 bottles "Star" powder for removing oil stains.

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Gande, Price & Co.-Seven days' supply of Tansan.

PER 1 DOZ. QUARTS. $3.48

PINTS 82.24

DUTY FREE.