1928-03-01 — Page 5

Page

CANTON MORE HOPEFUL

A-CURRENCY REVIVAL.

GENERAL CHEN MING SHU TO

HELP RECONSTRUCTION ·

WORKI

(FROM OUR CHINESE CORRESPONDENT. ]-

NEW TITLE.

MARSHAL LITSAI HSIN

It is officially announced that General Li Tsai Haia has taken the title of Marshal.

NEW SPIRIT IN CANTON.

COURTESY TO FOREIGN VISITORS.

our

A much more hopeful tone now prevails in Canton and the Govern

The changed spirit of Canton ment is showing every sign of is extraordinary," said a recent

representative. pushing ahead with the work of visitor to reconstruction. The special com- We read a good deal about mission to go into this matter and material reconstruction, the pull- make recommendations is to meeting down of old houses and the soon and General Chen Ming Sha, entting of wider better streets, but the victor of the East River cam all this is really immaterial be paign is expected to take part inside the pulling down of old pre- this work. According to the Kung Ping Pao, General Chen Ming Shu may, alter further consideration. accept the post of Chairman of the Provincial Adrainistrative Council which Marshal Li Tsai sin has offered to resign in his favour. The Government's policy is expected to be the subject of an important statement by Marshal Li Tsai Hain in the near future.

Canton is greatly looking forward to the forthcoming official visit of the Governor of Hong Kong (Sir Cecil Clementi K.C.3LG.) which, it is understood, has been fixed, for March 9th. Sir Cecil's great love and knowledge of things, Chinceo is well known in Canton.

judices and the new spirit, of) friendliness and courtesy which is so striking a featur, of all classes of people in the city.".

That this friendly spirit appears" to be natural and spontaneous adds

its charm, for our informant during his visit a few days ago to Canton, never detected a change of tone when the Chinese spoke to each other in their own language with which he is conversant.

in fart," he added; "the Cantonese appear in favourable light in with some of their comparison countrymen now resident in this Colony,

to be an

THE HONG KONG DAILY PRESS, THURSDAY, MARCH 1st, 1928.

THE INHERITANCE OF TWO INFANTS- MORTGAGED AT ELDER BROTHER'S INSTRUCTIONS?

ALLEGATIONS OF MISREPRESENTING THEIR AGES.

THEIR APPEAL FROM ADVERSE JUDGMENT.

The Appeal Court (the Chief Justice, Sir Henry Gollan, Sire Peter Grain and Mr. Justice J. R. Wood) yesterday heard an Appeal from a judgment of Mr. Justice Wood who refused to grant ‹ an isjunction restraining mortgagees from disposing of property until the mortgage of £800,000 had been paid.

The property in question was that of the heirs of Wan Lou Kan, a wealthy Chinese who died at Macao on December 15th,

1007.

The appellants were Loo Kwong Lam, 57, Caine Road, and Loo Kwong Him, of the same address, an infant and the respon dents were Li Koon Chun and Wing Fat Shing, B1, Wing Lok Street, and Kan Tong Po, the chief manager of the Bank of East Asia, Ltd., 10, Des Voeux Road Central

The circumstances of the case are briefly that these two plain. tilla with four other brothers had mortgaged, some property in the course of the settlement of their father's will, and an allega tion was made against the two plaintiffs that they represented themselves to have been of full age. Their claim is that they are not responsible for the mortgage, being minars at the time, and that they did not know the nature of the documents which they signed.

Mr. Eldon Potter, K.C., and Mr. H. G. Sheldon appeared for the two infants, and Mr. F. C. Jenkin was for the respondents who were the mortgagees.

Both Infants.

After outlining the earlier history The National" Dance Hall. of the case and the family, Mr. The National Dance Hail which Potter said that it was admitted was apched first three months ago by both sides that on February on this Bund, seems example of this new spirit. The 10th, 1995, the day of the execu building which is decorated in a tien of the mortgage, both plain- One of the signs of gradual ro-pleasing and tasteful manner, com- tiffa were infants: Lam, the elder, storation to normal conditions in bines dance hall and restaurant was two months short of 21 years, Canton is a renewal of confidence where both European and Chinese

is

an infant was known to

on

Two Main Pointa. There were two main points

which had to be decided: whether the documents signed wero fully interpreted to the plaintiffs; and whether

the plaintifs actually stated that they were of full age.

Dealing first with the question of whether the documents were fully explained. Mr. Potter said that Soong was the man who had had the duty of explaining the docu-

in the Central Bank of China.meals can be obtained. It is fre, while Hin was 19. It was clearmenta. According to his own state- quented almost exclusively by also that this fact that Lam was ment he had, in Messrs. Hastings, Upon the assurance by the Bank Chinese of the Westernised type, that it will issue no more unsecured very lovely girls dressed in semi-Soong, who played & prominent

Europeanised Shanghai dress notce, the value of their notes has there with young men, some in part in the present case There gone up from less than 30 to more long conta, others in Western gar- had been an earlier action

The atmosphere is happy than 50 per cent, of their face value, ments.

Re-afforestation of some of the anil orderly, and our informant was August 12th, 1934, in which Mr.

particularly struck with the beauti-Soong acted an interpreter, and ined in the learned judge's findings waste lands in the Province will be ful dresses of the young ladies and which Lam sued as an infant. especially urged on Arbour Day in the skill of the dancers. Every

thing, we were told, is closed down Soong therefore knew that Lam was Canton..

by midnight while many restaurants an infant six months before the and places of entertainment are execution of the mortgage, and it shut by 9 p.m.

was inconceivable that a man in

The students of Pui Ching Baptist Academy, Tungshan. Canton, are conducting a vigorous campaign to raise $10,000 for the erection of a hall as part of the scheme to re- construct the whole institution. Mr. Wan Yuc Pun, acting Principal of the Academy since last Auturin, has made several useful reforms

The signs of havoc wrought by the "Reds" are beginning to dis-the position of interpreter should hot also find out the actual date of appear. There has as yet been little rebuilding but all debris haa

birth. been cleared away and dangerous buildings temporarily stayed up...

The Interpreting.

FOG VICTIMS:

"KINKO MARU” SINKING?

SALVAGE TUG DESPATCHED

TO THE SPOT.

CREW ABANDON THE SHIP.

No further news has been receiv ed as yet regarding the ill-fated | Japanese steamer Kinko Maru; but the Agrats, Mesars Mitsu Busan Kaisha, have informed us that they have instructed the Local Japanese Salvage Co., to render hssistance

their tug

the and they sent Nachi Mæru to the spok

The mishap which occured to the Kink Muru as reported in the Daily Press pesterday is now mora serious thar was at first believed. The vessel went on the rocks during the recent, heavy fog near Turn- about Island and as a result of the Impact, the forward hold was badly damaged, and the vessel is reported to be gradually sinking.

Little hope entertained of Balving her and it is feared that the verrel will become a total loss.

It is also reported that the crew have abandoned, the ship making for the shore in their own boats. Foochow is quite close to the retina of the mishap and the crew would probably make for that place.

4

#STANLEY" RETURNS SAFE- LY TO HONG KONG. Although reported อง badly 45round off Cape Collinson the Government launch Stanley refloat- ed, and returned to Hong Kong

Shortly

under her own, steam. after her arrival the Stanley went to the 'Kowloon Docks where ehe

will be docked for survey. No eurious damage was caused.

During the thick fog which en-

veloped the Colony yesterday mora- ing the Stanley, at the request of

the

Mr. Dennys and Bowley's office, spent half an hour explaining the mort gage, the release, and other docu- ments. This release was drawn by Messrs. Wilkinson and Grist on be only document specifically mention- half of the Trustees and was the

H.E. The Governor, left Hong of fraud. This release would not in the normal course of events ever Kong for Taipa After safely be in Messrs. Hastings, Dennya and negotiating Lyemun Pass Bowley's office. and presumptive evidence was very strong that it launch apparently went off ber actually never left the office of course, with the result that she Messrs. Wilkinson- and Grist.

beached zar Cape Collinson. News of the mishap was first recriv- No other witness who was pre-ed at the Harbour Office by a Police sent makes any sort of mention of

Patrol launch and a Boarding this deed of release, while they say

Officer was immediately despatched that they think the mortgage was merely explained shortly in general to the spot, followed later by Com- terms. Beside this; both plaintiffs maintain that the deed of release mander G. F. Hole, the Harbour was never explained to them," and Master in the Government launch the amount of the mortgage and later sent to render assistance. the rate of interest. They signed the mortgage as they were told in the office of Messrs. Hastings,.

Hot For Fu21. Mr. Soong, who was acting in Dennys and Bowley, and then pro this case for Messrs. Hastings, ceeded to Messry, Wilkinson and People do not commit fraud for Dennys, and Bowley, was alleged Grist, where the release was exethe more fun of the thing," said to have promised to bring about a cut-d Mr. Potter suggested that Mr. Potter, but in this case what settlement of the action if the the plaintiffs' story was trans is the illegitimate advantage. It parties paid him 10 per cent, of the parently true, and that it was quite has been said that, Lam wanted amount recovered from the trustees. natural that the elder brothers money, but.. is it likely that he would not wait two months for a violinist and the other a pianist Further than this, Soong intro- should just say "If you do not are very remarkable players and

duced another interpreter Leung sign, you will not get any money,

certain $54,000, instead of sacri- would undoubtedly have given very Leung was acting for the defend- but you will get your share if you feing it for $4,000 and a share in great pleasure to music lovers ants but was supposed to assist the do.""

a heavy encumbered property. Fur- the here, and we hope that they may plaintifix, at a payment of 5 per

ther, at the time of the carrying return from Manila and be enabled eent. Cheques in payment of the

through of the alleged fraud, there was not even a suggestion that the to give a public performance.

plaintiffs should get cash, but only property.

Since this time Mr. Soong had unfortunately died, but though he was aware of the maxim de mortuis nit nisi bonum, Mr.Potter regret

was compelled to criticise Mr. Soong's behaviour in It was better to criticise the dead than convict the living of fraud.

during this brief administration. A TWO RUSSIAN MUSICIANS.ted that ho

number of students are going to

Hong Kong and "Macao in order to PLEASURE MISSED THROUGH tho present case rather severely, that they were told little more than Victoris." The Kausing

solicit donations for the building. So far over $2,000 have been col lected at Canton from friends, during the last few days. A former Hong Kong student is now an in- structor at Pui Ching Baptist Academy. He is Mr. F. K. Wu, a graduate in law from the Univer- sity of Michigan in the United States of America,

Freight transportation on Kwangtung Section of the Canton. Hankow Railroad is being delayed by a strike of loading coolies along

the line. The coolies are objecting

PASSPORT IRREGULARITY.

It was extremely unfortunate that the concert which was to have been given last week at the Star Robert and Anatole Kitain had be caneciled owing to irregularities in their passports.

These

a

one musicians, two

private house.

Big Commissions.

Must Be Proved.

The law, Mr. Potter pointed out,

to the alleged ill-treatment of our Even under these conditions with by Seong to Leung, though Leungfraud and prove it as alleged. In

be

was

During their stay in the Colony' full 15 per cent. hud been traced did its best to sive infants from

to while a cheque amounting to 5 per cent. was paid fraud his opponents had to allege

Alleged Statements. hearing them in

says that this amount was in pay this case the alleged fraud consist-

Far the best authenticated evi a small piano their playing made a ment of a totally different debt, ed in the plaintifs representing

ence as to whether Hin was of age of their number by the railway deep impression on their audience which statement he is unable to themselves as of full age. The mere One experienced music lover who subst. ntiate. These netions were station hands.

Messrs. Wilkinson and Grist, when was lucky enough to be of the characterised in the judgment of signing of a legal document which was what occurred in the office of number present declared that the the court below as "grasping but stated that they were of full age Mr. Blake, seeing him, asked Soong

was not sufficient. It had to GEN. WONG SHIU HUNG,

violinist could very nearly be com- not diabouest." Mr. Potter com

explained so that they understood that he was Mr. Blake could not General Wong Shiu Hung is ex-pared to Elman Liszt, Chopin mented that it depended upon the proved that the documents had been if he were of age, and Soong replied them. He defied the average public say if Hin heard the question, Mr. pected soon to return to Kwangai played with an amazing interpra- ment that Province, where important con- tive skill, and Schubert, on the

school.boy of 10 to understand the Potter submitted that in any case the activities in Messrs. Wilkinson were utterly structive work is being scheduled. violin, were all, however, swamped

release before them.

Having contended that the docu- and Grist's office An item of international interest by the violin rendering of the Koinidreh of Brack which will be the exhibition to be held dating the latter part of this mum moved all who heard it to an extra mer to commemorate the comple ordinary extent. tion of a series of public highways which will open the Province to foreign trade. Kwangel's bad roads have been a byeword in the past but it is hoped that a new era of peace and development ter ahead..

General Wang hopes to meet the Governor of Hong Kong in Canton before he returns to Kwangsi

OPENING OF THE SHEKKI~ MACAO MOTOR ROAD.

The "Kolnidreh" is a three thousand year old Jewish air which is sung in every synagogue in the world on the Day of Atonement.

Dividing The Property. On division of the settled pro perty, each beneficiary was to re- ceive $32,701.70. At the distribu-ments had not been fully explain-irrelevant, as the mortgage had tion a number were to get cash but ed with all their legal consequences already been signed and conse the two plaintiffs, and four other Mr. Potter set out to show that quently this statement could not brothers were assigned a piece of the plaintiffs had never stated in affect the parties. property valued at seven lakhs of this matter that they were of full dollars. They had to pay off age, and in fact did not know the Other artistes who were able to mortgage of $150,000 already exist meaning of the term,

An Unfortunate Phrase. perform teze under somewhat simi-ing and return balance to the lar conditions were the Slaviens Choir, who were due hore February the 20th, and were to have given concerts for three nights at the Queen's and three nights at the Star Theatre.

RETURNED BANISHEE.

IMPRISONED FOR THE EIGHTH TIME.

01

The Present Position,

A Diference Of Views. At this point Mr. Justice Wood said that the mortgagees did not become parties to the mortgage until they paid over the money,

Mr. Potter with great deference suggested that becoming party to a mortgage had a very definite mean ing, and no lawyer could read the learned judge's meaning into it.

of

trustees of approximately 28,00 Mr. Potter pointed out from the To do this they raised a further evidence it was admitted that cuse the mortgage of $400,000 on the pro- throughout the whole perty-the, mortgage with which simple question "Are you 21 years this case is concerned while they old!" was never pot, and there had to raise yet another mortgage was a total absence of any evi

Mr. Justice Wood said that such of $100,000 to pay about $69,000 in dence of bringing home the mean- commission to the interpreters. All ing of full age." That unfortu was the meaning he had understood the plaintiffs have got is the innate phrase, which conveyed no throughout the case in the court terest on property mortgaged for thing to the plaintiffs, was fre below, and Mr. Jenkin maintained 5 lakhs, and a payment in cash quently cropping, up during the that he had never thought there to Lam of 84,208.75, and to Hin of care. In the judgment it was was any other opinion than that The motor road adjoining Macae

pointed out that the plaintiffs had the learned judge. 30,200.75 and Bhekki is now completed and

put through deals in property in Mr. Sheldon's recollections coin- will be formally opened to the

Macao, but this seemed to. Mr. cided with Mr. Potter's, who main- public on March 5th. The calebra-

At the Kowloon Magistracy jes

As the position stands at present, Potter-strong argument in their tained that such a reading would tione includa tea at Shiu San, and according to the Chinese Press the torday morning a Chinese baniche the property will not anything like Lavour, for, if they were legally be a misuse and a twisting of Mr. Potter also pointed out that Canton Director of Public Works was charged before Mr. W. Scho produce $500,000 but they have entitled to put through dealings in language.

field with returning from banish been adjudged liable to pay the Macao, why should it ever occur to will perform the opening ceremony.

Four "bases will be at the dis- ment Sergeant Mettrem stated whole mortgage and interest before them that they were not so entitled as Mr. Blake was in no sense posal of the public on that day, and that the defendant had

Anyone can do learned judge.

some time after he has come of the trustees, and even if the mis- representation were made to him, after the inauguration & service seven previous terms of imprison gaining their property by the in Hong Kong? An infant cannot acting for the defendants, but for

commented' "Mr. Potter, ago say he did not know the con- The without assistance will run between the two cities.ment, and had been banished for that."

from the tents of documents he had signed, there was no vestige of proof that The taze is 25 cents per trip, first life in January last year. -class, while 25 cents in the charge defendant had been arrested and courts. The interest on the mort but you cannot prove fraud unless this statement caused the payment for second class, The Macao Fress on-taking his finger prints he was gage at present is actually greater you prove that the infants fully of the money, which had in fact

than the income from the property, understood what they were repre been determined belorehand.

The case will be continued this expects that a number of visitors found to be a returned banishes.

His Worship imposed a sentence so that they are making a dend senting falsely

morning. from Canton and Hong Kong will

of one year's hard labour..

loss each month."

(Continued on next Column).. attend the ceremony.

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