1926-04-14 — Page 4

SPRING AND SUMMER

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THE HONGKONG DAILY PRESS, WEDNESDAY, APRIL 14TH, 19228

CHINESE BREACH OF PROMISE DEATHS WRONGLY PRESUMED.

SUIT.

INSTANCES · FROM THE EAST, INTERESTING CASE IN SHANGHAI

Sir John A. Bockaill, who was Atter- MIXED COURT.

ney-General in Hongkong, and after- WOMAN'S STRANGE ALLEGATIONS,wards Chief Justice of the Straite

K. M. A.

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An interesting civil claim, was heard Settlements, and is now in India, dis- at the Mixed Court at Shanghai last cases, in a letter to The Times, some week by Messrs. Tajima and Loh, when cases of mistaken presumption of death,

from which the following extract is of Enang Yio Nych sued Zee Wei Shou for

interest of our readers:- $10,000, alleged to be maintenance ex- penses and damager sustained.

Plaintiff, who was represented by Mr. S. Y. Lee, showed in her petition that she was a married woman and alleged that she was induced and advised by the defendant for whom appeared Dr. o. "Fischer and Mr. C. S. Franklin) divorce her original husband and to marry him as I 'concubine 'had," for hastening the proceedings in the matter n draft copy of a certificate furre marriage was signed.

A Chinese Towkay " (leading man). of Malacca, who was engaged as a mer chant in a large way of business, left his home to go to Rangoon (where he was interested in trade in rice) for one of his periodical visits; be expected to be away for some few months. He was a well-to-do gentleman, owning in the neighbourhood of Malacca a quantity of house property and land. His wife hu left behind. Ho did not return for to several months; but two Chinese men, ar- rived in Malacca and saw his wife, tell- reing her that her husband had died in their presence in Rangoon nog lang pre- viously and that they bad been present. at his funeral. He had left no will, and the wife applied to the Malacca Registrar for letters of administration to his estate; the two iner and she wore aulavits which thoroughly satisfied the Registrar "that the gentleman was dead. He was, perhaps, not suficiently cau tious, but he issued letters of adminis tration to the lady, who sold most, if not all, of her husband's immovable pro perty for-excellent value at auction with the sanction of the Court; the proceeds that one (at least) of the two men ́ob- in cash were dissipated; it was alleged

tained a good deal of the money, but they both disappeardd.

When the defendant and plaintif signed the draft for re-marriage, plain tiff consulted her husband for a divorce and to this proposal the husband agreed. A divorce agreement is said then to have been made and the, marital relations' be tween plaintiff and her husband were dissolved. During the proceedings for a

Quite a considerable time after all this divorce, plaintiff's petition further albad happened some months had elapsed -the husband returned to Malacca; bo leged, she deposited all of her own pro- had been unexpectedly detained perty with the defendant, including Jewellery, diamonds and other precious articles to the value of some 84,700 and banknotes worth $2,500.

in

deceived by the two visitors. Th

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SITUATION IN CHINA,

QUESTIONS IN THE HOUSE OF

COMMONS."

[101

SINGAPORE BASE. STATEMENT BY FIRST LORD

THE ADMIRALTY.

various places. It is possible (for it is not nese view in Malaya) that he had another wrong in any way, according to the Chi wife and family is Rangoon. At any rate, on his return (very much alive) he found himself presumed dead, his pro-

Mr. Trevelyan (Newcastle, Central, | perty sold and his wife the only victim After plaintif had signed the divorce upon whom he could vent his wrath. Lab.) recently asked the Secretary Admiralty, speaking in Committee of "

Mr. Bridgeman, First Lord of the agreement with her husband, the de- She was proscuted, but found not guilty for Foreign Affairs whether he had any Supply on the Vote for the Navy, in the fendant, she alleges, consulted her on a jury which thought she had been information to give to the House regard House of Commons on March 11th. re- change of the draft agreement to a legal Towkay" brought actions against the ing the situation in China, particularly ferred to Singapore. The position, he agreement for marriage.. Another man purchasers of his property; but the sales with reference to the threat of military said, was similar to that in 1925. They is alleged by plaintiff to have signed the tion of the Court and the orice paid to operations made by the diplomatic re were proceeding with the work in con- agreement on defendant's behalf. On the the administratrix, and his actions were presentatives of the Powers at Peking motion with the new floating dock and back of this agreement, the statement of

dismissed. One may say that perhaps the previous week. the draft agreement was copied, while his misfortunes were largely his own

Mr. Locker-Lampson, Under-Secretary with regard to the larger schemes for, were making preliminary investigations fault in that, he did not write to “his the original copy of the latter was burn-wife at Malacca and keep her apprised for Foreign Affairs (Wood. Green): On a new base, and as the floating dock ap ed. The agreement for the legal mar- of his movements: but that he did not do March 9th a Shantung naval flotilla proached completion the Government had ringe was signed by both plaintiff and so is in no way surprising to those who

are Boquainted with the life of the operating against the National forces de decided to extend the rate of progress on defendant (says the petition) in the pre Chinese, in Malaya.

fending Peking attempted to force an the further scheme for a graving dock. sence of go-betweens. When this was

I should have thought that during the entry into Tientsin River, and bombard They would have the advantage of con- signed. defendant, without the knowledge somewhat of this type. I mas mentioned the Taku forts at the mouth of the sultation with the representatives of the of plaintiff (it is alleged), privately that it was only as a result of certain river. The Nationalist commander of Dominions at the forthcoming Imperial wrote the word "Cancelled" below his secret information received by me that the forts closed the river to navigation, Conference. The cost in 1928 would be signature as well as the words "Cannot several persons who were passengers from in violation of the Protocol of 1901 be- 25,000, of which only £98,000 would fall

deaths were not presumed in the care of be used in evidence," thus causing the Singapore on board the Japanese steainer tween China and the Powers, by firing on upon this, country, the remainder being marriage to become null and void "oritachi Maru. This ship was voyaging all passing vessels and by laying mines met out of the £250,000 provided by... waste paper."

to England during the way," "and after she left Colombo to travel round the On March 10th the representatives of Hongkong last year, of which £130,000 Cape of Good Hope (the Mediterranean the Treaty Powers in Feking notified the remained to be spent. Last year he had Since defendant had spoiled the mar

of for a very long time; it was supposed Chinese Government of the necessity ofanid that they intended to use an old being then too dangerous) was not heard riage agreement, the petitioner says, the that she had struck a mine and had been removing the obstacles to free navigation German floating dock for Singapore. agreement was not executed, and defen-lost. Some of the passengers possessed in and out of Tientsin, reserving their They had used one for Malta, and their dant did not return her belongings. He businesses and property in the Strade right to take action themselves to that experience in taking it out there, though

Settlements, and applications were made is also alleged to have declined to enter to the Supreme Court on behalf of the end for the maintenance of the Protocol. it had been successfully accomplished,... into a fresh agreement with her, and to relatives of those missing persons that Similar notifications were conveyed to had led them to feel that it would not be safe to risk taking a large floating, that probate of their wills or letters of stitute. The plaintiff will take criminal administration to their estates might be Chinese forces engaging in hostilities at fore proposed instead to dispose of the charge against the defendant.separately," issued from the Registry. These appli- the entrance to the barbour of Tientsin. German dock and to construct a new one. the petition says.

entions were supported by davits

which would be taken out to Singapore which certainly tended to show that there Although a few foreign merchant vessels in the safest possible way. That would was little doubt that the ship had have passed in and out by local arrange add slightly to the cost of construction. foundered with all hands I was not ment, full effect has not been given to but that increase had been set off by myself altogether satisfied that in the demands of the Protocol Powers, and of building, and did not swell the total other reductions in the new programme might not have been some other solution of the disappearance of the ship, as the on March 13th two Japanese destroyers anticipated cost of new construction in German raider Fulf was supposed to proceeding up river to Tientsin were the course of 1936.

hood of Madagascar. I therefore refused

AN INTERESTING CONTRACT.

have left the plaintiff absolutely de/their deaths might be presumed in order the respective headquarters of the various dock so far as Singapore. They there

Plaintiff therefore prayed for an order for the return of her belongings which had been deposited with defendant; for judgment against defendant in the sum of $50,000 for her maintenance; for a

Mentioning the China squadron, hé

further sum of 820,000, damages sustain. have been operating in the neighbour- fred on by Chinese from the forts aid: During the last year the presence

ed by plaintiff for having divorced original husband.

THE MARRIAGE AGREEMENT.

her

The legal marriage agreement which is alleged to have been entered into between the two parties follows:-

the applications to presume death; but the entrance to the river, and retired. I appointed a receiver to carry on the His Majesty's Government are in con- affairs of the persons who were missing-sultation with His Majesty's Minister in Some weeks after I had taken this step regard to the situation created by these I received information froin a source incidents. (which I do not think I am at liberty

Opposition

Mr. Beckett (Gateshead, Lab.) asked to divulge) to the effect that this Japanese ship had been, in fact, cap-on whose authority it was decided that This is the marriage contract between tured by the off. It was not, however, the Treaty had been broken by the Zee Wei Shey and Huang Yin Nych until some months later that any definite Chinese. and it is herchy put into effect

newa made public (even if it was known) Mr. Locker-Lampson: It is quite clear Because we agree in views and are as to the fate of the passengers on the from the terms of the Treaty. alike in mind and wish to live to vessel; their ship had been sunk, but gether in happiness for ever and suffer they had been transferred to another together in misery, the following terms prize which the Wolf took with her and have been arranged and agreed to by nearly mucceded in bringing back safely both parties:

with her to Germany. My recollection, 1. Huang. Yin Nych is satisfied to be however, is that this Spanish vessel had come the second wife of Zee Wei Sheu to part company with the Wolf owing to and will never repent at some later a storm, and went ashore on the coast time;

of Danmark; some of the passengers were on board the folf, itself, and ona 2. If Zee Wei Sheu abandons Huang I know was interned for a long time in Yin Nych at half-way and marries an Bavaria. other woman, he must give Huang Yin Nych alimony for life: the standard of living shall be equivalent to the time when this agreement is entered into and no procrastination shall-be "Allowed;"

HONGKONG GARRISON.

STRENGTH FØR 1926-27-

of H.M. ships on the China Station had done something to add to the feeling of security of British subjects in that part ceeding to China, and she was the first of the world. The Findictive was pro- cruiser which had carried a catapult for launching aeroplanea.

HONGKONG AND THE ' NAVÝ, THE COLONY'S CONTRIBUTION FOR 1925-26.

The Marquess of Titchfield (Newark, ): Is it not the duty of every mem ber of the House" to back up his own country rather than some other country? Mr. Hore-Belisha, MP., having asked

cheers and

the Secretary of State for Dominion (Ministerial

Affairs how much money has been con- laughter.)

March 16th. Mr. MacDonald (Abers tributed by each of the Dominions and von Lab.) asked the Prime Minister Crown Colonies towards naval defence. whether his attention had been drawn to and what proportion this bore in each the reports published recently-on repre- case to their total import and export sentations having been made to the trade and per capita of their popula Chinese Government by the Protocol tion, respectively,

Powers which might involve military Mr. Amery wrote in reply that the operations within two days, and whether contribution of the Dominions to naval any explanation could be made to the defence took the form of maintenance of Вошве.

our Baldwin, Prime Minister (Bew- their own naval forces and establishments

diey), I have seen the statement re monwealth of Australia, New Zealand, 3. If Huang Yin Nyoh regrets or

ferred to in the Presa this morning and the Union of South Africa.. repents after some years and/or falls The garrison of Hongkong has been His Majesty's representative at Peking 'As regards - the Colonies and Protec in love or indulges in the affections of fixed as follows for the year 1926-27 has been instructed to take no action torates the contributions to Imperial de others, she shall be dealt with by Zee Royal Regiment of Artillery, three com- except in co-operation with all the other fence made by the Governments of Hong Wei Sheu and the shall not be entitled panies, 207 of all ranks; Royal Engineers, Treaty Powers. His Majesty's Gaveza kong, Straits Settlements, Ceylon, and to make demands, etc.; Audre

one company, D officers and 36 of other ment have also informed him that armed Mauritius are paid, not to the Ad.. When this agreement is effected, ranks Infantry, one battalion, 881 of all forces are only to be used in the last miralty, but to the War Office. Hong- Zee Wei Sheu is to hand over to Huang ers and 25 men; Royal Army Service foreigners in the areas affected. Sir for the year 1925-20, as a contribution ranke; Royal Army Medical Corps, 4 resart, for safeguarding the security of kong has also provided in ita Estimates. Tin Nyoh the sum of 820,000 out of his personal property to her custody and Corps, 7 officers and 37 men; Army Ronald Macleay has acknowledged the towards the cost of the Singapore base, control.

Dental Corps, 1 officer and 1 man; Royal receipt of these instructions, and has £120,000. Thin contribution representa Army Ordnance Corps, & officers and 35 communicated them to the British naval an expenditure per head of 3s, popula Defendant denied the allegations and men; Royal Veterinary Corps, 1 officer authorities on the spot. alleged that it was an attempt to and 1 man; Royal Army Pay Corps, 4

tion, 799,500; total import and export threaten and blackmail him

Mr. Looker (Essex, E., U.)-Is no trade, 1924, £145,727,077. This contribu Fofficers and 15 men; Army Educational independent action to be taken to protect tion represents 0.166 per cent. of value Evidence was given in detail of the Corps, 1 officer and 5 men; Colonial and British interests in relation to the of total import and export trade. The relations between the two parties and Indian Corps, 68 officers and 1,842 of other circumstances referred to the case was adjourned.

Straits Bettlements have contributed the "ranks; fotal, 9,999 of all ranks.

site for the Singapore Baaz,

Mr. Baldwin-No, Sir