1927-08-18 — Page 5

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CHINESE INHERITANCE PROBLEM.

MARRIED DAUGHTER OR DAUGHTER-IN-LAW?

RE-MARRIAGE AND ADOPTION LAWS' DISCUSSED.

INTERESTING CASE AT THE SUPREME COURT.

Chinese law and customs, to the estate Ngai I, etc."

THE HONG KONG DAILY PRESS, THURSDAY, AUGUST 18th, 1927.

A case which turns upon old Chinneo customs and laws, of about the year 1941, and involves the in- "I shall contend in reply to heritance of, property by a widow this," continued Counsel, that (who has married again), and unerrtainly his wife, the first plain. adopted son, was begun at the Sup. tiff is I shall also contend and Felde Court yesterday afternoon; submit argument and quote autho before the acting Chief Justice (Mr.rities in favour of the adopted son. Justice J. R. Wood).

My friend, I know, will say that The action promises to be of great the only person now entitled to interest both to Chinese and to inherit is the défendant, the daugh Europeans interested in Chineseter of Ngai I. and the sister of

matters in view of the light it first plaintiff's deceased husband." throws on old customs of the coun- "trs.

י

Mr. Alabaster cited further minor paragraphs in his case, and His Lordship commented that the sub- stance of the issues was in Cause 2.

A VIOLENT CHINESE.

BREAKS UMBRELLA OVER

LUKONG'S HEAD.

FINED FOR RESISTING SEARCH.

A Chinese who was stopped by an Indian coastable and ordered to submit to a search became so violent that the constable had to use his baton. He was charged yesterday at Kowloon Magistracy with resisting arrest.

The constable

defendant

carrying a parcel near Sai Kung Road, Kowloon City. He threw the parcel on the road, and the constable picking up the parcel caught the man and attempted to

take him to the Police Station. The man struggled with the con- stable, and at fast freed himself and | ran away.

He was chased and rearrested, but again, made efforts to escape By this time a large crowd had Continuing, Counsel said: "I gathered and in order to make his

Mr. Alabaster agreed."

Certain property was left by Ngai I, late of No. 5, Taa Taz Mui, Hong Kong, fartuer.

He was sur- vived by a san, who married.and had three sona. The sons died un- married and intestate, and their father also died, leaving Ngai Ching St, his tin fang wife, as a widow. There also is a daughter of Ngai 1. This daughter is husband, but she alleged to have married twice, and therefore to have passed out of the amily of Ngai. She denies this and says she is entitled to inherit, as abe has only been married once,

and that Ngai Ching Sa bas taken

another husband.

The married daughter, who is defendant in the case, has taken out letters of administration of the state on the ground that she is

entitled to it. The widow of Ngai

have referred to the fact that first plaintiff took in a man to live in her house, after her busband's death. He was recognised as a was regarded, according to Chinese custom, as entitled to the property of Nagi 1. This is referred to in various authorities."

captive submit to" arrest, the con- stable drew his baton and struck the man across the head.

During the struggle, the defend- ans had used his umbrella freely on the constable, breaking it across bis head.

Inspector Phillips said that im mediately he saw the Indian con Mr. Alabaster quoted an autho-stable was in difficulties he ordered rity on the subject, who stated that other policemen to his assistance, a woman may take into her house and the defendant was eventually a man as a husband, but 'he dors" not take the surname of the family taken to the Police Station. into which he comes, but retains his own. Any children from the union would enter the man's fami-

ly, and not the woman's. This was

a custom among poor people.

Continuing Counsel said there was a "custom in the particular village referred to named the Chiu

The defendant was fined 895,

LI TSAI HSIN'S

ATTITUDE.

DISCUSSION IN CANTON.

OFFICIALS VISIT HONG KONG.

FINANCE COMMITTEE.

TO-DAY'S MEETING.

SUM OF $41,260 REQUIRED.

A meeting of the Finance Com mittee of the Legislative Council DISPUTE BETWEEN UNIONS: will be held in the Council Chamber this (Thursday) afternoon when a (ƑÃOM OUR CHINESE CORRESPONDENT.] for to supplement the estimates of total sum of 841,300 will be asked

There has been a certain amount

Chiang Kai Shek.

1927.

The various items include 82400 for H.E the Governor's private secretary. In consideration of the messages which the political situa heavy work in decoding telegraphif

Secretary, it is proposed to grant tion has thrown upon the Private him an allowance of $200 per month during the Secretary of State has signified his approval.

of discassion in Canton circles over the fact that General Li Tsai Hain towards the resignation of General has not yet declared his attitude

that General Li is in favour of a It is reported re-union between Nanking and Hankow. If there is such a re- union General Li will naturally remain in power. Some of General Chiang Kai Shek's followers are confdent that General Chiang" will shortly be asked to take part again in Kuomintang affairs. Chien Ta Chun, a strong supporter sanie of Chiang Kai Shek, is stili, holding

current

year.

The

An extru. sum of $500 is asked

for by the Sanitary Department for feeding the large number of dogs. General under observation for rabies The Department, also requires

$6,000 on account of motor lorries,

where he has more than a division his own in Northern Kwangtung Bowen Bond Filter Beds...

The Public Works Department of infantry under his command.

require 15,000 in connection with Canton officials the conversion of the Bowen Road A good many have paid a during the past few days. Included provision of 350,000 was made in visit to Hong Kong Alter beds. The work, for which a among them were the Superinten- the Estimates, consists of the con dent of Customs and the Acting struction of alter and chemical Commissioner of Foreign Affairs. house with machinery and plant and The telegraphic communication be the conversion of two sand fiters exceedingly slow and the radio commenced in 1998 but owing to Canton and Shanghai is into storage filters. The work was service has so far proved inade- the late arrival of part of the quate to meet the demands made machinery and the difficulty in ob the expenditure on the 1996 vote The officials, therefore, taining a suitable quality of bricks

was much less than anticipated and an increased expenditure is re- quired this year.

tweed

apon is.

not succeed under any circum-And it much quicker to get into stances, according to Chinese law communication with Shanghai from and custom, as applicable in 1841. Hong Kong

child might be adopted as a son

I's son is first plaintiff in the case, and claims that she has not gone out of the Ngai.family, although she has married again, and there tore asks the Court to give her a Lung Yap She, whatever the words at the age of three years or under... <rder for the administration of the meant, he added. This custom, he estate on behalf of her adopted son,

understood, applied to the property Ngai Chung Ent, stating that of people who had a daughter, who, cording to old Chinese law and customs she is entitled to inherit for him, to the exclusion of the

married daughter" of Ngai L

D. Tso then went on to speak of Chinese customs as outlined by Mr. Alabaster in regard to a daugh- ter bringing her husband into her own family. He said this custom was analogous with a widow bring

instead of marrying into her hus band's family could bring her hus band into her. The husband by marrying into the daughter's family in undertook to look after the daugh ter's parents during their lifetime This practice was analogons with the customs of a widow taking a

man as a husband into her house,

the present case. and not leaving her house, as in

Adoption Law.

Chinese law and customs was fully explained yesterday, when the case pened. Mr. C. G. Alabaster, K.C.. instructed by Mesars. Lo & Lo, appears for the plaintiffs, and Mr. F. C. Jenkin, instructed by Mr. E. S C. Brookes, is for the defendant, Mr. Alabaster said that he would contend that the son inherited the property on the death of Ngai I. Mr. Alabaster then proceeded to The son, Ngai Fo Taz, married as deal with the question of adoption his tin fong wife, the first plaintiff, of a son, and said that although Ngai Ching S2, and by ber and his son should be adopted before kit fat wife there were three sons, three years of age, according to all of whom died, unmarried, and strict law, he must admit that the intestate, I shall contend," said child in the present case was adopt Mr. Alabaster

Since Sunday over 30 people, alleged to have been associated with bombing outrages in Canton. have been arrested.

Mr. Tai En Kie, a relative of the late Dr. Sun Yat Sen has been maje Municipal Director of Fat

shan

71

husband into her house after her first husband's death. She did not go into another house, but re mained to look after the ancestral The Authorities are closely watch. home. According to Chinese rustoring the proceedings of the Central this marriage was in order. If the Labour Union which is now holding

Barringe was secret, however, the man could be severely dealt with.

Dr. Tad went into considerable detail over customs, and eventually His Lordship summed his evidence up, asking witness if that was what he wished to conver.

compensate the Chief Mechanical Engineer of the Kowloon-Canton Railway and his assistant for the large amount of extra work which they have recently had to under-

A sum of 81,317 is needed to"

take. The extra work is due to the

between Kowloon and Canton the fact that on the through expresses entire haulage is done by locomo-

a conventions with more than 1,000tives belonging to the British sec delegates." It is alleged that some

Reds have gained admission to shope have increased from 8 to 143 tion The working hours in the the Convention as regular delegates. hours every day.

So far no important resolution has been passed.

The ferry boatmen's strike in Canton has now insted for several

--A-vote-of-86,000 is needed to provide public latrines and neces- sewer and water extensions La the vicinity of Shamshuipo

sary

that on the death ed when seven years of age... He was: "In this case the male line days and' is apparently no nearer Camp. The work will cost $16,000

would, however, eubmit at a later stage argument and authorities on this point.

mem

settlement. The militin are being towards which the Military Authori- called out to guard the whatves and ties are contributing $10,000. to prevent interference with traffic by pickets.

Owing to a dispute between rival unicos of stevedores and lightermen in Capton Harbour several river

.

Furniture...

His Lordship States The Case. His Lordship said that as he understood Dr. Tso's evidence it of one man who can be traced, but has died out, with the exception he is not a claimant, so far as we know. For the purpose of this case read the male line is extinct. We have and it was made after her second an adoption made by the widow, marriage. We have it from Dr. Tso that her right to adopt a son only continues while she is a ber of her first husband's family: According to strict law we have the second marriage the property des positiod that on this woman's eended to any surviving daughter of the other. this husband. There was none. LA such a case is buzames the abeclute

Nanking is persisting In its 34,000 for the Queen's Gardene property of the Government with determination to enforce the new ut any obligation. According to tarify in China as well as to levy trict law and in Dr. Tso's view there is no estate here to administer a luxury tax in Canton, despite at all, and that, according to strict foreign protests against the former

Heavy rainfall, and an insect pest law, should be the declaration. and the Chinese, against the latter have together done so much dam

The question arises, however,

steamers have found difficulty in Union tries to take the work from unloading their cargoes. One

furalth six new Subordinate Off A sum of $10,000 is needed to eers' Quarters at Ventris Road and six flats for Senior Officers at Queen's Gardens, six thousand will Ventris Road and the remaining be required for the quarters in

of Ngni Fe, Tsz the property was vented in bis widow, the first plain ti." The son's sister was mar ried and had passed out of the

Mr. Alabaster then family. The widow (first plaintiff) affidavit by the first plaintiff, in adopted a son at the age of which she stated who survived Ngai years, and he was now of the Ngai how the three sons of her late family, and was the second plain husband died, unmarried and inte tilf in this case. First plaintiff state." She claimed that defendant following the death of her husband, had married twice, and that there and prior to the adaption of the fore. she (plaintiff) was entitled son, took into her house as a bus to inherit, and later her adopted band a man named Lum. This she son, who bore the name of Ngai, was allowed to do according to the and that defendant had no claim Chinese custom which prevails in whatever to the estate of Ngai I. that village. She was entitled “10

Defendant in an affidavit alleged retain the house, and remarriage did involve passing out of the that first defendant by her marriage to Lem had lost right to inherit, and that the adopted sun was pur Defendant, continued Counsel, chased by Lum, and therefore be had taken out letters of adminis longed to Lum's family. She suh tration for the purpose of claiming mits that she has only been mar for herself the property left by ried once, and that, according to. Ngai 1, following his son's death. Chinese law and custom she is the whether strict law is qualised in any proposals. The Canton Authorities age that the next harvest in Tseng

family.

The attitude she took was that she is the person entitled to it. On the

only person now entitled to inherit way. the estate of Ngai I.

Differ,

other hand first plaintiff claimed Experts On Chinese Customa that she inherited the property on the death of her husband, and that it in hers for life, and that after the dies it should go to her adopted

Dr. S. W. Tso, in an nidavit

flota.

shin will be very poor. One village, announce that from to-day onwards, no further agitation against the of 3,000 inhabitants at Lup Po, has had its crops almost entirely de- luxury tax will be allowed.

stroyed.

Chinese druggists went on strike

in Canton last Tuesday, owing to

Do Tso says there are customary adoptions and practices which do not comply with strict Chinese law" stated he was conversant with Chi-If this woman on her accond mar-

Continuing. His Lordship, said son, who is of the same name now nese customs and that on the death rnage did not change families, the

a dispute between the "shop pro- as the Ngai family. "She claims, af Ngai I the estated and personal Baid Mr. Alabaster," as the nearest efects descended to his son. The Property ther is still hers, and the prietors and the Druggists Union. relative of the second plaintiff, an married daughter came in under no adoption is apparently Illegal (in

right to adopt still existe Her To be without drugs during the infant at inw, that he should be circumstance. The widow of the view of the child being over three present epidemic of cholera and the person to inherit after her." son of Ngai was the proper person years of age), because it is outside other diseases is a serious matter, "We have found one person of to inherit, and manage the estate, the clause mentioned in Dr. Tso's and the local authorities are taking the right generation-bearing the in view of his son's death. She affidavit. Her right to make an steps to bring about a settlement. Ngai name who could be adopted," should, according to old Chinese adoption, however, still remains, on said Counsel, but he has not come customs, adopt a son. If the son the basis of Dr. Tso's affidavit, to forward as a claimant to this pro had not been properly adopted this the exclusion of the defendant. perty. If the Court orders that he should be remedied. According to If she has not changed families be adopted I do not know what attitude he would take up, but he is

CHANGES EXPECTED.

The left wing of the Kuomintang

in Canton are very hopeful of getting back to power, and the pro-Nanking officials now in office, including Commissioner Lee Wen Fan of Civil Affairs, Commissioner Machinists in Canton are support. Tang Yin Hus of Police, Commis ing the anti-Japanese Boycott Com- sioner Chu Chia Hun of Education, mittee by refusing to use Japanese and Commissioner Chen Yung" of coal. The owners of factories have Justice, are said to be ready to to consume native coal whenever hand in their resignations. Since Mr Alabaster then proceeded to cite the issues before the Court.in

feasible, but certain plants and the abdication of Chiang Kai Shek Did She Change Families? this case.

engines imported from abroad wil at Naoking, which was kept secret The legal question arises now Paragraph 1, he said asked: "Who were the persons entitled,

whether on her second marriage she not burn native coal without till the 17th, the banknotes of the Central Bank of China, a Kuomin according to the Chinese law and

changed families or not. How is grave loss of efficiency. customs of 1841, to the estate of inberit, according to custom, and that to be ascertained, Dr. Tao?!!

no claimant."

"

time of his death, and whether any of them ainee died?

"I shall contend," said Mr. Alabaster; » " that the only person entitled at his death to the property was his son, and that he has died since!

Chinese law and customs, the first plaintiff though married again, is eligible to be appointed by a Court as guardian of the adopted son.

The defence put in, said Mr. Alabaster, another affidavit from, a Chinese professor at the University. who held that the fast plaintiff and second plaintiff had no right to

sent circumstances was the married daughter of Ngai 1 (defendant).

the property reats in her only until the adopts, and she can receive letters of administration and ad minister the estate.

The Canton Miat, having sustang institution, have gone down by

Ngai I, deceased, living at the that the only person who could ad- Dr. Tso: The mere fact that pended operaticus for some time per cent. in Canton, and prepara

minister the estate, under the pre-and has remained to attend to she never left the ancestral home,

on account of lack of ballion, will tions are being made to prevent a the ancestral tablets, shows that, be in running again soon, according fun on the institution. although married again, she has not to the reports of the Canton charged into another family. She still belongs to the Ngai family, Ministry of Finance: Since the sus and therefore she has the right-toppasion of the public mint, coinage the property

At this stage the case was ad- has been done by militarists whose journed until this morning a 10.30,illicit output of debaard 20-cent when evidence on Chinese custouns pieces has caused unbearable chaos and law pertaining in the village in the Canton market. from which" first plaintiff comes, "is

(Continued on next Column.)"

Bir. Jenkin agreed with this, and commented that this point was not in dispute.

The second paragraph, said Mr. Alabaster, WAS! -

Who are the persens now entitled, according to

The Ancestral Home. Dr. Tso was called to give evi- dence, and hore out his affidavit. He said that the widow (an in the ease of brat plaintiff) took the place of her husband in the administra- tion of an estate, following his death. The married sister could (Continued on next Columin.),

to be given by the Elders,

%

Cantonese troops on their way to attack the "Reds" in Hupeh by way-of-Hanna have now-withdrawn: from Hunan, and they have moved towards Ausgs. Many thousand "anti-Red" troops are stationing at Namyung awaiting further

orders.

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