1927-09-06 — Page 5

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DAUGHTER, DAUGHTER-IN-LAW AND AN INHERITANCE.

MR. JUSTICE J. R. .WOOD'S JUDGMENT.

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MARRIAGE THAT WAS INFORMAL" BUT ACCEPTEY.

BY THE COMMUNITY.

+

INTERESTING REVIEW OF CHINESE

·DOMESTIC CUSTOMS.

The recent Chinese inheritance case, which turned on time- honoured Chinese laws and customs, and was heard before the acting Chief Justice (Mr. Justice J. R. Woad) at the Supreme Court, was again mentioned there yesterday afternoon, when His Lordship confirmed the provisional judgment he had given in Court at the conclusion of the case last month.

In this case two women, the, daughter and daughter-in-law respectively of the deceased, disputed who was entitled to inherit the property.

In

The decensed Ngel I died at That Taz Mui village, Hong Kong, and let certaia property. His only son was the husband of the plaintiff in the case, and died, leaving no children to survive him. His widow took a second husband, and aku adopted a son. the action she claimed on behalf of the adopted son, an infant at law, that the property should revert to her for administration on behalf of the adopted son alleging that the daughter of Ngai I had passed out of the family because she had married.

To reply to this defendant" (the daughter of Ngai I) denied that she had married out of the farmily, and alleged that the plaintiff Sbe had done so by taking a secand busband into her house. also contended that the adopted son was bought by the plaintiff's 9:cond husband, named Lum, and that he, therefore, belongs to to the Lum family.

THE JUDGMENT.

THE HONG KONG DAILY PRESS, TUESDAY, SEPTEMBER 6th, 1927.

CHIANG WANTED BACK?

H

THE

KOCHOW PIRACY.

BRITISH NAVAL REPRISALS.

A "POPULAR, DEMAND.”

HOUSES BURNT AND VILLAGE MONEY FLOWING INTO THE

SHELLED.

A

CHINESE TROOPS ALSO, AT

LAST, TAKE ACTION.

Now it has been definitely estab- lished that reprisals will immed iately follow the piracy of any British vessel in these waters it is hoped that the popularity of piracy as a profession will wane. So far

TREASURY.

[TROM OUR CHINESE CORRESPONDENT.)

At Sunday's big demonstration on the Eastern Parade Ground, sup-

porting the recall of Chiang Kai

Shek and the Ave members of

it is quite probable that the actant the Central Executive Committee, pirates have not suffered very

THE MURDER OF MRS. MACKAY.

YESTERDAY'S · PROCEED. INGS.

MAGISTRACY, HEAVING- NEARLY COMPLETED.

Further evidence was takes yester; day at the Central Magistracy before Mr. R E. Lindself in the case in which two Chinese are

charged with the murder of Mr. Rose Mackay at Chai Wan Road on August 6th.

וני

The Arat witness called was Mr. seriously as the result of naval General Li Tsai Hain was called H. Y. Parker, Assistant Account- action but they will certainly be- come less and less welcome resid. upon to do all in his power to main-ant of the Hong Kong and Shang- hai Banking Corporation, who ents in any village when the viltain the present regime in Canton.testified that the two halves of a lages realise that piratical activities

passed:

were

81 banknote, which the deceased lady kept as a curio were forgeries. It may be remembered, that one half was found in the coolie track a little beyond the spot where Mrs. Mackay was found dead. The other half was recovered from one of the defendants

man

who

(1) Consequent upon the resigna- ton of Marshal Chiang Kai bek and are other members of the Central Executive Committee, the Nationalist Government experi- speed a severe crisis; and the Custom autonomy, the abolition of likin taxes and the increased sur-

"Witness said that to a tax which should have been effec tive on September 1st, have not

is used to handling banknotes, it been enforced. Therefore we carn.

would not be difficult to see that estiy implore Marshal Chiang and the two halves were forgeries, but the five members of the Central they might deceive Chinese living in the country. He would call the forgery a good one.

will inevitably result in a number The following resolutions of houses being destroyed.

Following the piracy of the Kuchow the thres: gunboats Math, Cienta and Moorhen carried out punitive measures DD Saturday Against the two villages which bad given shelter to the pirates. One of these villages, Taiping Ha or Tai. ping Market, was the place from which the pirates came and the other, Shekki, was the village where the loot was landed. At Taiping Bu, which has a very bad record and is known have been concerned in three piracies with in twelve months, all the houses along the water front were act on fire. Shekki, which is on the ap posite side of the river and stands some distance back from the water's was shelled by the gunboats, eighteen shells, being fired village.

to

"Executive Committee to resume their respectivo offices. Anyone opposing the popular will in this matter is considered a counter. revolutionary and must be driven out of the Kuomintang.

Mr. C. G. Alabaster, K.C., in consent or to make arrangements. structed by Mr. Horace Lo, appeal for such a re-marriage by the first ed for the plaintiff and Mr. F. Cplaintiff. The absence of a family Jenkin, instructed by Mr. E. S. C. at that point does not go to

As soon as the gunboats arrived establish the fact of marriage as the inhabitants of the villages were Brookes, was for the defendant.

cording to Dr. Lai's evidence. it informed of the purpose of the has accomplished great things for day of Mrs. Mackay's death, he gces to establish the fact of in visit and warned to evacuata their morality. It seems clear from the bouses. As a result there were no records of the Tai Tsing Lut Lai casualties. The operations did not it is not inconceivable in the Chiccupy much time but they were nese legal system that man carried out in a practical, and busi- should be introduced into a family nesslike manner strictly according to

programme.

Comdr. Fitzgerald, the Senior Naval Officer on the West River, was in charge on board the Moth...

His Lordship commented that he had previously given provisional judgment. This judgment had been circulated to Counsel, and as they had read it he did not propose to read it. Jadgment would, how- ever, date from yesterday (Mon- day).

His Lordship's judgment case is as under:-

this

Д

A Recognised Custom.

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na nneband for a widow and that such a union would count as a mar- riage, without severing the widow from her first husband's family.

In this case the facts are clear. It seems also to have been clearly This is the estate of Ngai I who proved that in this particular case died at Tent Taz Mui on 23rd the neighbours of That Taz Mui February, 1900, and left one son, village bare for several Years Ngai Fo Tse, who was the husband of the fire: plaintiff, Ngai Chung tolerated the co-habitation of these two persons in the house originally Sz, on this issue. The sor died on occupied by the first plaintiff's 20th September, 1903, without issue, husband. And not only that they Since his death his widow continued have tolerated it but that, as 40- to reside in his house, until that

from the evidence of the pears house was demolished. No formal Elder who attended and gave evi- steps were taken in connection with dence for the plaintiffs, they have the estate of Ngai I, deceased, accepted for them the social status until the demolition of the house of husband and wile. came along and the question of receiving the compensation for this house had to be faced.

The short oficial naval com- muniqué was as follows:

A British Naval operation by the West River Flotilla was car-

ried out on Saturday against the villages of Taiping Hu and Shekki, At Taiping Hu, the village from which the pirates came, the population were ward-

Mr. Davidson and Miss Mackay were recalled in connection with a (s) Since he has led the Kuo- hair slide belonging to the decéss- mintang Punitive Expedition North ed. Mr. Davidson said that on the wards from Canton, Marshal Chiang the people and the national revolu

Our tion." countrymen are un saimous in supporting his retention in office. **

(3) A petition shall be sent to the Nationalat Government (Nan- king) requesting it not to ratify the resignation of Marshal Chiang and the five members of the Cen "tral Executive Committee who are the pivot of the Nationalist Gevern- meat and the Kuomintang.

The contribution of the Baak of Canton towards the $10,000,000 levy

was originally assessed "at $100,000 in Central Bank notes. The Gov-

ed to evacuate and the water fronterament, however, now consider of the village was then set on

fire. At Shekki, the village at that they fixed the quota far too which the loot was landed, the low and are requesting $1,000,000 population also evacuated... Rad

was given a broken hair slide by the deceased to mend. He noticed that the deceased had a new one on. Prior to the murder, deceased bought from the Wing On Co. one lady's vest and one hair slide. These, Miss Mackay said were mot bought for her and as she and her mother were the only, two ladies in the house, it could only be pre- inmed that the two articles men- tioned were faz the deceased's own

Tuse.

Sgt. Cameron of the Shaukiwan Police Station said that be was on duty at the charge room on August 7th. At 8 p.m. the two de- police officers. The first defendant fendants were brought in by other

is shells were fired into the They are enforcing the demand by was then dressed in a black jacket | village. There were to British,

Chinese reminders of the Bank of Canton's and white trousers with very faint and it is believed no casualties. It is reported that| Cantonese troops are also moving ingratitude towards 'the fellow in-blue stripes. The second was at tired in a dark coloured jacket and against the Pirates.

black trousers. Witness was also The report "that Chinese troops are at last taking action against the pirates is particularly satisfactory Whatever the legal effect of a las British reprisals, however prompt, 3rd Angust, 1926, and she is at Chinese Code under

A to the evidence given by a man named Lei Lang that in a previous a co-habitation, which The first formal step taken was case such an application by the defendant on had been cited as a precedent, had this issue, who was the younger resulted in the expulsion of the sister of the son, Ngai Fo Tac, and man who had offended against a she applied for and obtained village custom, I do not believe Letters of Administration to the it. cstate of Ngai I, deceased, on the

stitution and a detachment of police

are guarding the premises and pre venting resumption of business until

the legal will never be completely effective the directors have paid up. Eight estate. The present proceedings ings may have been or may be ping unless the Canton Authorities are brought by the widow of Ngai likely to have been, it seema certain will either co-operate in these re- Fo Tae in her own name and as that these two persons were pur prisals or take measures themselves next friend for a" boy whom she porting to contract a marriage of to drive the pirates from their well- has adopted as a son of her do the type referred to in the case kaown baunts.

cited in the court, of Kin Lang. censed husband,

The question raised in the issue дра (1) who were the persons entitled, according to Chinese law and custom, to the estate of the decensed at the time of his death. I think we are agreed that there is only one answer to that question and the person entitled at that date was the son, and no one else.

present the administratrix of that system applicable to these proceed-in making the waters safe for ship-other Chinese banks including the to him and on opening it, witnessi

If I am right then the defendant has failed to establish the conten- tion that the first plaintiff has left her first husband's family by mar riage.

"I come to the second point. The first plaintiff has either been living in a relation which was legal

Kak Wah were permitted to open on Monday on payment of their quotas. About ninety per cent. of The widow of a man who has died the money exchange shops have without issue will be the person paid up, and the residium äre entitled, where there is no male surviving member of a Chinese mostly in a bad financial position family to make the adoption so long and usable to raise the necessary as she remains in the family of her deceased busband.

as married under former" Chinese In this case the first plaintiff

money.

present when the first defendant was searched. He saw a wad of notes taken out from the defend- ant's pocket. The wad was given found three $1 Hong Kong and Shanghai banknotes and in middle of which, there was "half" of 81 note. This "half" note

the

bore blood-stains. There were also

some blood-itains on defendant's On the second defend- trousers. ant's jacket there were also some blood-stains.

The second defendant was search- The Government have also suced by a Chinese detective and "on

The second question is who are legal system, or she has been coppeurs to have made the adoption the person entitled to the estate habiting, though with the consent and to have made it rightly. of Ngai I, deceased. It will be of her neighbours, in an illegal find no reason to declare the adopceeded in enforcing the payment of him 83.72 cents were found. These

answer, therefore, agreed that any person entitled relation with a man. Dr. Lai has tion of the second plaintiff invalid.

The

to the

a month's rent from tenants of were made up of three 81 notes, five ten cent pieces and one 20

must derive title through Ngai Fo stated that if this had happened second question will be that the houses, wharves, shops, godowns, cents piece and two copper cents.

Tse.

Chinese Law and Custom,

4

in China in

At the time of Ngai Fo Tse's death there can be no doubt but that the person entitled was Ngai Fo Tse's widow, the present first

Whether plaintiff.

ahe is ΣΟΥ ontitled or not depends on various considerations of Chinese law and 'custom

I take it, it is not for the plain- tiff to show that she has remained in the family. It is for the defend ant, who sets up the case that she

without the consent of ber family

a Chinese village, Dersor dow entitled according to public opinion would have imposed Chinese law and custers, to the etc. Small tenants of rooms and

to the Police Department.

The Chinese interpreter at the

a death penalty upon her. For estate of Ngai 1. deceased, is the workshops have to pay 6 days' rent Shaukiwaa Police Station also said that reason I doubt if whether the first plaintiff who will hold it, Chinese system ever faced the subject to her usual right of main problem as to what became of the tenance from it, in trust for the son property held by the widow in cir- that she had adopted, who will con cumstances of her survival and on tinue her first husband's family.

co-habit her being allowed illicitly with another man.

to

The former Hong Kong-Canten Strike Committee is attempting to

that while the defendants were be ing searched, he overheard the re mark volunteered by one of the accused that the stains on their made by Fish

I accept as & correct state of the Chinese law applicable to these re-organise itself on the pretext of clothings were

Blood." proceedinge the view expressed by

No authority has been cited to me to show that by statute im Dr. Lai, that in the event of a resisting the Japanese Boycett morality deprived the widow of the family becoming extinct the Chi-Committee. property. Therefore, even if the nese Code provided that a female has left the family, to prove that defendant here were able to estab relative of the last deceased male Would then be she has in fact. left the family. lish an immoral relation, and I am representative

It having been once established not prepared to state that she has entitled to inherit his property that the first defendant was at one done so, the proof of that fact does though she had herself left her time entitled to this property, it

is for the defendant to show that not seem to me to form a basis for original family by marriage,

the contention that the woman has

A Chinese detective who made a search of the nullab, into which the nephew of the deceased was thrown said that he found a pair of spectacles, one pocket mirror and one lead pencil. Sgt. Meadows also conducted a search with the assistance of a gang of boys. He found a white shoe button, which was identical with the buttons on deceased's shoes.

"RED" ARMY ON "THE MOVE. According to a report from East- Such a right was not confined to

ern Kwangtung the Red in she is no longer entitled to it.

There are two ways, according to here lost any rights in the property the daughters of the deceased, but the evidence, by which the first of her late husband, seeing that she was extended to his sisters or other vaders under Generals Yeh Ting and Ho Lung bare occupied Wu plaintiff may have became dissahown ne intention of separat feminine relatives.

In these proceedings, if the de titled: (1) by contracting a reg herself from her first husband's

fendant had successfully established Wah. The senior officer in the family. marriage, involving a migration to

that her, brother's family had be- Chao Mui district has been inforu Adoption Made Rightly.

como extinct she would have showned and a large number of rein Sgt. Meadow's also said that he' another family; which is valid in accordance with Chinese law and As to the question of adoption, that she herself was cow entitled custom and "a re-marriage which I accept Dr. Lai's evidence on the to his property: Section 88 of the forcements are being rushed to the watched the coolie track for two Was undertaken

by what Dr. Lai gon of age and I am prepared Thi Tsing Lut Lai contains the pro- front. The senior officer in Can: nights. This track branches out adoption; and (2) to hold that where adoption is visions the Code on this subject. has described as an adulterous re-necessary in order to prevent the

I adopt as correct the translaton has also telegraphed instrue from the motor road and leads to lation with a man.' Such a re- extinction of a family, such adoption furnished by the Court trans- tions ordering the Fukien puthori, Shaukivan. The first night he lation is not under English law, tion may be made by the person later which agreed with the version tics to despatch at least 3,000 men watched from 10 to 12 p.m. and regarded as adulterous, but has entitled to adopt of any male what appearing in Jamieson's Chinese to Eastern Kwangtung with the during his vigil not a single person been so described under Chinese ever his surname, if he be quitable, Family and Commercial Law,

passed along the track The second law by Dr. Lai. The defendant has and that such person will thereby p. 17, and am unable to accept the idea of jolning with the Kwang- set up the marriage and has alleged become the representative of that translation suggested in the wit tung troops probably near Chao-night he went there from 6 to 11 that the first plaintiff re-married in family by right of nomination and ness box by Dr. Tso, under which cowfu. They will use the Han P., and again no me passed. le. The He was hidden from view and any not by right of blood, and that he daughters alone of the last deceas There is no doubt that there was will be entitled in due course to ed male representative were stated River as far as possible.

"Red" forces are said to number one who had wanted to take that. ceremonial re-mariage. It does the family property provided be to be eligible to inherit::

path could not have seen him. Texto be kirly! not help the defendant's position undertake the performance of the Costs for both parties to be paid about 6,000 men and

The case was again adjourned or to make arrangements for such family religous rights.

out of the estate at the figures.

and it is expected to finish to-day, that there was no family to give a (Continued on next Column.)

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