1923-02-15 — Page 4

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SHANGHAI IDIVORCE SUIT.

DECISION ON THE QUESTION OF DOMICILE.

DEGREE GRANTED,

THURSDAY, FEBRUARY 18TH, 1923

MAGAO NOT ES.

A CORRERONDENT.]

A PIRACY RECALLED.

HONGKONG PORTUGUESE KILLED,

At the resumed hearing at H. M.

A fortnight ago we received a few Supreme Court at Shanghai of the petition of Sidney J. Powell for the canty details of a piratical attack upon a. passenger launch plying between Kong. dissolution of his marriage with

moon and Macao. The piracy is recall Catherine Agnes Powell, Sir Skinnered by the return to Macao on February Turner, Chief Judge, held that petitioner 13th of Mr. Santiago Luzon, a Filipino, had satisfactorily proved his, domicile in a member of the crew, who was retained China and pronounced a decree nisi. for ransomi Eris Anthony Sykes, was cited as cores. pondent and the case was. ündefended,

M. The parties wore married at H. Consulate, Cairo, in 1901 There were two children of the marriage. Proceed

deeree of divorce way. ings for a instituted by Mra., Powell "at

Reno, Nevada, and she obtained a decree on May th, 1921.

*

FROOT OF DOMICILA

Mr Luzon is unable to shed any fur ther light upon the previous account of bow four members of the crow were kill and thirty-eight passengers carried into aptivity, beyond stating that a Hongkong Portuguese was amongst those killed. The unfortunate decensed N Mr. Canks Remedios (known amongst his friends as Carlos, “China-pobre") who, being a member of the crew fired upon the pirates. The pirates retaliated by kill ing him, and his body was thrown over board.

+

MACAO'S STRIKERS,

The

Sir Skinner Turner, in delivering his decision on the question of domicile, said: In this master the petitioner

domicile in China. It is! alleges a

The pirates fed Mr. Luzon and his necessary to prove this in all divorce fellow priseners upon rice and sand. Al suite 10 this Court and prove it the prisoners were kept shackled. strictly, as has been insisted upon in Chinese captives have not yet been, re overy case heard under this jurisdiction. lepsed. It is clear law that, the jurisdiction.to dissolve marriage depends upon domicile: if the parties are not domiciled in China, there is no jurisdiction to entertain the suit: beure 1 myself demand that this matter be heard and determined first, before the facts of any cast are gone into. And I think that a reason why this full and adequate proof of domicile is demanded is not far to week. There Chinese New Year.

It will be recalled that some of the la bourers who went on strike and left Macao returned some weeks later. The others

did not return with

their cor. patriots, game back to Macau EN RENG on February 13th. The opinion is that these workmen have returned to parti cipate in the festivities in connection with Although no fear

is abundant authority for the proposition is felt as regards activities of the returt that there is a presumption against theed strikers they are being watched very acquisition of a domicile of choice in

carefully. I ber-Christian or Oriental country, need only refer to the opinions of the Law Lords in Casdagli . Caslagli and to the judgment of Sir H. de Sausmarez in the Mackay will case (Tisztsin); and I am not surprised to find that such the position. The general desire to return "home", after a sojourn in the

MACKINTOSH "East is almost universal: the differences

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INSPECTION INVITED

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in the customs, laws, religions and manners of the peoples of Oriental or non-Christain countries are so marked that it is not surprising that such a Hence, for this presumption existe. reason alone, I shall require strict and completo proof of domicile when it is alleged to be in China. I want to clear out of the way one matter: "domicile" does not affect "uationality," à man remains & British subject even if his domicile is in China, and a subject with a domicile here remains subject to the jurisdiction of this Court exactly as he was before, and owes the same allegiance to the British Crown as ose whose domicile remains in Eugland or Scotland.

THE DECADENCE OF THE PORT. A few days before Chinese New Year the large fishing and trading junks come in-shore so that the occupants may parti cipate in the jollifications of Chinese New Your ashore. An old resident of Macau views with alarm the gradual decrease in numbers of the junks occupying Macao's waters at this time, considering it an in- dication of the decadeuce, of Macao com mercially, and socially from the Chinese point of view.

SPORT

FOOTBALL.

TO-DAY'S MATCH.

KONGKONG LEAQUE,"

Division II,

Kick off, at 4.18 p.ni. H.M.S. Durban r. H.M.S. Marozion, Navy A ground. Referee, Mr. SpalAT.

MATCHES FOR "FRIDAY,"

PONY PROFITEERS.

A SCHEME TO IMPORT AUSTRALIAN RACING GALLOWAYS.

21

HIGH COSTS OF RACING.

Members of the Hongkong Jockey, Club will doubtless bo interested in the the following extract from the N»E'. Daily Norra

Taking them all round the Inter- Rational Recreation Club's griffins for the New Year Meeting and certainly their " subscription griffins are every bit as " poor as any that have been seen in Shanhai in recent years. Many, indeed,, pm) hold that they are even worse than any Referee,

of their predecessors. So there is renewed outbreak of grumbling amongst racing mer and they are in just the temper to listen to a scheme which it is understood is to be put up to them."

CHALLENGE SHIELD SEMI-FINALS, Club ground, Juniors (2.45 King's Regt. R.GA. Mr. Fairbura. Seniors (4.15 p.m.): H.M.S. Durban v. Kowloon, Referee, Mr. Collins. Davies and

Linosmen:

Spencer.

*Messrs.

MATCH FOR SATURDAY,

2.

INTERPORT.

ני

Hougkong Shanghai. Hongkong Clab ground, 4 p.m. Reform, " Williams. Linemen: Messrs. Hol. lands and Smith.

MATCH FOR MONDAY, 19TH.

South China . "Shanghai, Hongkong

Club ground, 4.30 p.m.

Referee, Mr. Hollandy. Lingemen: Messrs. Smith and Williams,

MATCH FOR WEDNESDAY, 218r.

"United Services . Shanghai, Hong kong Club ground, 4 pan. Re feree, Mr.. Smith. Linesmen: Messrs, Hollands and Williams,

In the good old days, thoruoghly" good griffins, untried for pace, but with such. points and a such condition that they reasonably could be expected to make a showing" in the best company, could be bought for an average of Tls. 300. ᎢᎬ .

tried and showing good pace, possibly another Tis 100 would be put on aud cheerfully paid. It brought to Shanghai, pus into real racing condition, and timed to do the Derby or Leger distances for anything sensational, it was not unusual to run them up to abous Tla. 800 or even Tis. 1,000, but, at the same time, even...m Champions winner would not have fetched very much more than the latter figure.

Nowadays, it is quite impossible to. estimate what & pony will fetch once it has been proved to have speed. Fire thousand twls were paid for a northern Champion which has done nothing since A Kiangwan pony has been scid for Ti 8,500. A subscription grin, costing this- lucky owner Tls. 15, changed its xtuble for Tis. 3,000 on the strength of its trai In view of the Interport game thereing form, though it had never raced. Al will not be any League football on Satur-griffin was put in a paper hunt two day, 17th.

INTERPORT TEAMS!

months after it reached Shanghai, finished. accond-which result, in a paper hunt. Shanghai: (To play in white):-Reme may well have been due as much to the rider's hunting knowledge as to the pony's. dios; Turner and Quayle; Crawford,

speed-and was sold the next week at Mears. and Oilerdessen; Dailey, Phillips, auction for Tis. 1,000. The latter figure

Re- Goldman, Coulcher and Wilson..

is often bid at Kiangwan for a selling. serves: MacDonald, Knight and Johann-plater, even to buy him in after he hast won only 8300 and often less, whilst Tls. Hongkog: (To play in blue):-Swan; 1,000 at auction is nothing for a pony cotton and yarn brokers, of Hongkong, Gerrard and Chan So; Hudson, Ste- that has won three or four very moderatu rares, frequently under weights aud

THE YARN MARKET. Messrv. Polishwalla aad Kotwall;

scht..

in their report dated February 19th, say: British

Since our last report on the 28th wars and Leung Yuk Tong Chu Kwong December our yarn market has not Young, Forsyth, Begg, Valentine and conditions

"Newton, and Ip Kau... undergone. any material change, owing to Chan Kwong Yue. Reserves: Wynne, the continued political unrest in Canton and surrounding districts which has greatly hampered the" entire trade.

J A HOME FOR AN UNLIMITED TIME.

11

refer to the domicile DIN A

16

deceased the Chuese New Year.

of the

South China against Shanghai: Lau

Cpl.

Reserves:

which made the events" These figures may not werry wealthy" men, but, with such prices established, it practically cautery for him:

means that the mau of moderate means cannot acquire a good pony, for luck in diaw for subscription griffing the counts for nothing, as the animals are net worth having, whilst the up-country price for griffins is also against him; and figure, it is & gamble as to what he gets. again, if he dous scrape together the Once before, the introduction of wilers was tried, but they were not a success.. Now, however, there is a better idea for breaking down these high prices and also getting a better class of pony.

THE GALLOWAY.. There are several expert, horsemen in

A good demand from Yunnan Province Hing Cheung; Lai Yuk Tat and Chan has induced buyers to operate on a So; Leung Yuk Tong Leung Tai Fong I am not going to attempt a definition moderate scule, resulting in the total and Lam Yük Ting; Chu Kwong Yeung of domicile: at all events it means that sales of about 5,000. baies of 10s and 128 Ip Kau, Wong Pak Chong, Au Kit Sang foreign country counts, with an increase of 81 to 33 per and Chan Kwong Yiu. Reserves: Ng man residing in elects to make that country his perman-bale, while other counts are entirely Kam Chus, and Loung Wing Tak.

If the neglected. ent home for an unlimited time.

United Services against Shanghai (to fact of residence is proved and the in. The heavy fall in Rupes exchange has tention to remain proved, "domicile" made foreign holders very firm, and they play in red) Sergt. Townsend (RE) can be inferred. This matter is, the more are holding out their stocks in the difficult, for most of the decided cases anticipation of a substantial rise after Cpl. Wynne (King's) and A. B Boulter (Ambrose), Sergt. Newton (King's), Siga. Gr. Lelliott Hudson (Tamar) and person when intention has to be inferred Owing to the very near approach of the (B.G.A.), A. B. Miller (Durban), dg. Shanghai who hail from Australia and

statements. This was Chinese New Year, which is on the 15th from facts or

(Durban), L. Jones Sea. Darlison pointed out very clearly in the judgment inst., business. is almost suspended, but of Leri Penzance in the case of Wilson as the Chinese dealers have very small (King's), E.R.A. Hood (Ambrose) and know all about the Galloway pony. More

A. B. Weymas (Durban). v. Wilson (Law Reports 9. Probate and stocks in their hands, a fairly large of S. Coysh (Ambrose), Pte. Williams Divorce on page 143). Mcat of the business is expected at the opening

Castleding Barlow (King's), cases of domicile said the learned judge market in the caninencement of the New (King's) (94) Pte. Hodgson, (King's), "occur after the death of the party, and Year. Unsold stock 9,000 bales. Bargains (EG.A.) and Pte. Williams (Kipg's). the Court has therefore to infer from the in Chinese hands about 7,000 bales,

SHANGHAI: Local mills are reported to a particular character of the residence in country to which he has removed himself, have done good business and large lots the hands, owing to from the ties that he has created for have changed hiavel, from the property that he has eagerness" of Chinese buyers who are acquired, the obligations that he has taking advantage of the present cheap entered into in connexion with the new rates

JAPANESE YARS:--Tha present rates country. The Court has to determine the fact that be hag really chosen to reside, here are so unfavourable to thoes ruling there, as Lord Westbury puts it, for an in Japan that large transactions have indefinite period as his home"; and if this passed during the whole interval.

case which Mr. Wilson (the BAW COTTON:-Prices have remained petitioner alleging a domicile of choice very firm with small business passing at in England) were dead, and the Court following rates:400 bales Bengal ab 836 had nothing to go upon but the fact of to 838, Chinese (loose) bales 150 at 850 to big residence here, and the way in which $53 per picul. Quotations: Bengal 835 it arose, I do not think there would be to $40 per picul; Chinese $45 to $32 per enough to enable the Court. to come to picul. the conglusion that he had taken up his domicile in this country."

were i

NO LEGAL IMPOSSIBILITY,

12

England and one has returned and is Biace the case of Casdagli Casdagli now in Chion, while the other is employed (Law Reports 1019, Appeal cases) there in the A.P.C. He swears that it is his is no legal impossibility in a British intention to remain here permanently, subject acquiring domicile in China (an and he called a witness to speak to his extra-territorial. country). I cannot shut statements to that effect. my eyes to the fact that there aro'

A DOMICILE PROVED.

HONGKONG "LEAGUE TABLES DATE.

King's Regt.

Ambrose

Goals

L. D. YIN

Division 1.

p.

... 15

11

2 224

15

0

13

Titania Tamar Hawkins South China Kowloon R.G.A. Durban

HiLong, Club

IR

14

15

... 14

14.

A

14

Police

6

6

Division II.

Gosla

-P. W.

D. PTS.

13 12

I

ย

24

+24

191

Hawkins King's hegt. South China: P United

tunin

* St. Joseph's

South Chinx A Marazion R.GA.

Kowloon University... Ambroie Durban Warders

"Police

Auxiliaries

24

3 3 17

JINITED SERVICES LEAGUE.

"Division I.

British subjects who are domiciled in Now his word is not conclusive proof China already two divorce cases have of the fact, and if there are circum- been tried and ons decreo made; and the stana in the case which show that what jurisdiction in diveria was granted he says is not true, or not likely to ba because it was known that there was a true they may influence the Court in need for it, once the legal difficulty, its conclusions. It is true that this case created by the decision in To re-Tootal's is undefended: no cross-examination has Trusts had been got over.

been made of the petitioner on this point; I start this inquiry then with a pre- bat is there any reason why I should not sumption against this acquisition, bat accept his account of his position hera there is no doubt that that presumption; and bis intentions I confess I see none; can be overcome. Here what is the and therefore in this case I hold that evidence? Mr. Powell came to China as Mr. Powell, has proved his domicile in a professional man some' 20 years ago China and that therefore. I have jurisdic and has remained hore, save for two tion to try this case. I only want to add visits to England, ever since. He carrica this: Every case must turn on its own on his profession hero and he has no facts: domicile of choice is a question of ties or business relations with England fact; the inference which the Court (his domicile of origin) het own draws from such facts as are proved property in England, save bank before it; and as I read the opinion of account which is used for the payment the Law Lords in Chadagli's case, of subscriptions to such institutions as especially that of the Lord Chancellor, the Institute of Civil Engineers, the the safeguards which surround subjects Royal Georgraphical Society, etc. His China tond to lessen the presumption

H.M.B. Hawkins visite to England were for business pur against the acquisition of a domicile in King's... poses only and on the second one (in China rather than to increase it.

P.G.A... 1014) his wife was left behind him in

The case then proceeded, with the HM.S.Magnolia China. His children were educated in result stated in the opening paragraph of HMS. Forglove

HMS. Durban (Continued at foot of next column.) this report.

ย

PTS.

H.M.S. Hawkins King' H.MS, Ambruse

11

0

9--10

1

2 10

HMS. Durban...

R.G.A

2

4

1

1.M.B.Tamar..

a 3

HMB. Tilasia... H.MS. Carlisle.....

Division

Goala

D

PTE.

17

1-

7

or less on their own initiative, they have Australian breeders of established

en making personal inquiries from. tion, with the result that is harpat ascertained that racing Galloways can ba landed in Shanghai at a cost of Tla. 300, each. The, too, be it noted, are to be. guaranteed animals, ponies that really can racenot two or three in the mob. but all of them-and a very moderata" Galloway is said to me much better than a very good China pony. Naturally it sounds very attractive to get a guaranteed ··· tacer for Tls. 300 against a more than probably aseless thing for as much and

more.

The idea, if the scheme is sanctioned by the racing authorities, is to import 10 or 80 on a subscription list, race them' in classes by themselves and possibly under handicaps aging Chian ponics. If they are a success, further mobs will be" imported each season and gradually the China pony will eliminated, for the Galloway can beat him not only on the race course, but in the country, on the pola ground and for hacking Best" of all, it is said that an average of about Tia. 500 can be regarded practically as n' standing figure. We propose telling more about the Galloway and his possibilities later. but in the meantime, interested people should note that there are likely to be carly developments

BILLIARDS CHAMPIONSHIP.

Last night's game at the VR. C. res sulted in n win for Tang, his opponent, Barnshaw, reaching 4 The highest breaks were Tsang 40, Barnshaw 27,

CRICKET.

SINGLE v. MARRIED, HE.CO.

Owing to the United Services being unable to play at China New Year, the Bachelors have challenged the Married members of the Hongkong Cricket Club for 18th and 17th insta. Play will com- menco at 11 am. The following teams have been selected.

MARRIED.-B. Hancock (capt), T. E. Pearce, E. B. Reed, G. E. Bayer, H. E. Hollands, Capt. E. G. Spinka, L. D McNicol, W. Galloway, Capt. Quinlan, M. E. F. Airey and G. A. Chadwick.

BINGLE-L J. Davies, R. E A. Webster,

H. Owen Hughes, F. H.. Farthing, D. E. G. Nicholson, G.-H. Piercy, F. Baker, E. Phillipson, E. W. Hamilton, Lieut. Sharp and B. H. Wild.