1928-04-27 — Page 3

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11, loe House Street

FRIDAY, APRIL 27th, 1928.

THE HONG KONG DAILY PRESS,

FATHER AND SONS IN MORTGAGE CASE.

PROPERTY MORTGAGED TO FINANCE THOMAS W. SIMMONS & CO.

MR. JENKIN SEVERELY CROSS-EXAMINES PLAINTIFF,

POWER OF ATTORNEY AND A "CHOP."

The case was continued yesterday at the Supreme Court before the Chief Justice, Sir Henry Gollan, in which Fook Kam Trun was plaintiff in an action against the Bank of Canton and Mesars. Thes. W. Siarmons & Co., Ltd. to restrain them from disposing of his property and to return the deeds to him on the ground that the property was mortgaged without his knowledge or consent and that the signature appearing on the assignment was a forgery, Allegations were made against plaintiff's two sons of having mortgaged the property and attached his name to certain documents without his knowledge or consent.

Plaintiff was subjected to a severe cross-examination by Me The cross-examination F. C Jenkin, Counsel for the defendants. began at 3 p.m. on Wednesday and lasted throughout yesterday. Lader cross-examination, plaintiff admitted having mortgaged his property to three different banks in order to face Thos. W. Simmons & Co, and to grant them banking facilities.

It will be remembered that in, plaintiff's statement of claim, he denied having had any transaction with the American firm beyond guaranteeing one of his sous to the company as compradore and for that purpose he had mortgaged certain part of his property for $37,000

J

Mr. Jenkin: I put

it to A special jury was empanelled

that you are giving comprising of Messrs. P. Tester you

false evidence about not know (foreman), R. Rodgers, F. Wing, whether or not the Asin Parker, J. O. Sheppard, J. E. Bank has been closed -I do not Taggart, Wong, Kwong. Tin and even know how many banks are in

existence in the Colony.

Plaintiff was questioned as to Wong Kam Fuk!

or not he knew that whether Thomas W. Simmons & Co had gone into voluntary liquidation. He said that he did not. He could also not recall the date when bis son was made compradore to that company, and the date when he ceased to act in that capacity.

Mr. Eldon Potter, K.C., and Mr. H. G. Sheldon, instructed by Messre Hastings, Dennys and Bowley are for the plaintifs and defendants are being represented by Mr. C. G. Alabaster, K.C., and Mr. F. C. Jenkin, instructed by

Johnson, Stokes Measts Master.

and

In answer to Mr. Jeakin plain- tiff snid that he had always been under the impression that his title deeds were safe in his son's, Fok Chung Yuen's care, until he saw 1993 that the Bank of Canton was going to dispose of his property.

POLICE INFORMER

CHARGED.

ALLEGED: BULLYING OF REFUGEES.

SOLICITOR'S SARCASM ABOUT INFORMERS.

Two refugees, Chun Koon Hung and Chin Tse Yin, were amongst those who arrived in the Colony as refuges from the troubled districts at Swatow. They brought with them, among their worldly belong- ings, aven pigs and seven sacks of sweet potato flour. They arrived in Hong Kong on the 11th instant and as they landed they were met by Ching Lok Wu, a district Watch man and a man named Wong Muk. The latter, when not plying his trade As a hawker, acts as an informer" for the Police. These two, it is alleged, threatened to arrest the two refugees as Com- munists unless they handed over to then the property in question

Д

At the Central Magistracy before Mr. R. E. Lindsell a strange tale was told. They said that they re fused to surrender their property and in consequence were taken to bouse in Third Street, West Point and detained for about three days. Finally they chanced to see a Chi-] nese Constable, whom they knew, pass the door. They made signs to him and after telling their tale the mea regained their freedom.

Again by another chance they met the police in former" when he was alone and at once seized him and bad hiru arrested.

Asked by the Magistrate why they went with the two men to the house in West Point and allowed them- selves to be confined for such a long period without suspecting that they were not in a Police Station, the witness replied that they were strangers, and as the appearance of the house in question resembled a Police Station, they did not try to gain their freedom.

Solicitor's Clients Fall To Appear. To Help Simmons & Co.

When the case was cabled it was Further cross-examined, plaintiff found that the District Watchman, admitted having lent gums who was on bail of $300, bad money to Thomas W. Simmons & Co. He also stated that he had

absconded.

from an advertisement in August märtgaged certain of his property Watchman, and Mr. L. D. Turner

Banknotes Also Disappear, Plaintiff also said that title deeds of all property which he had pur- chased were entrusted to his son's care for safe custody. They were kept in a safe at the Fook Lee firm. He added that not only title deeds had disappeared but also bank. notes.

2

The Fook Les firm was sold to woman in May 26th, 1923 and his son Fok Chung Yuen ceased to be manager. Plaintiff added that as soon as he had sold the business, he asked his son to pro- duce the title deeds, but the latter had never done so.

to the International Banking Cor- poration so as to give Simmons & Co. banking facilities. Later his Hillyer Street property was mort gaged for the same purpose.

Mr. Jenkin;. Did you do that on the advice or request of your son Chung Yuen-Yes.

Mr. Jenkin-And her arranged matter -Not Chung the whole Yuen, it was my Bon Hon Fui.

His Lordship But whoed fequest was it?-Hon Fui's,

Mr. Jenkin And Chung Yaen had nothing to do with the ar- rangements in connection with financing Thomas W. Simmons &

Co.-No.

Mr. Jenkin: And subsequently some property was mortgaged to

Mr. Horace Lo, appeared for the prosecuted. Inspector Dorling ap peared on behalf of the Crown, Mr. Lo said that it looked as if. his client had left the Colony. Mr. Turner, agreed and said that he could, perhaps, explain the Watchman's absence. Whilst on bail, the Watchman, had attempted to bribe one of the prosecution wit- nesses to leave the Colony, but in- stead, the witness gave information to the police, and, said Mr. Turner, he was not surprised that the Watchman, had left the Colony,

Mr. Turner also explained that the Watchman and not the "police he had been retained to prosecute informer" as the complainants were not "80 afraid of the latter. The complainants, explained Mr. Kimple country people

Mr. Jenkin asked why the plain- the Asia Bank for the same pur-Tumer, wereș.

."

Was

tiff had wanted to see the deeds. Plaintif replied that he suspicious of his son, Fok Chung Yuen, as he had overdrawn from the business

to the extent, of $50,000. No Dealings With Bank Of Canton, In reply to further questions, plaintiff recalled the several Chinese banks with whom hie son Fok Chung Yuen had done business on behalf of the Fook Lee frm.

names of

Mr. Jenkin Did your son have any dealings with the Bank of Carton 1-I cannot remember exact- ly whether he had or not, but I believe he had...

pose? Yes.

Mr. Jenkin: Who arranged that? -I cannot remember exactly.

Chinese And Foreign Style. Mr. Jenkin: Do you know that in the latter half of 1920, negotia tions were in hand for the amal-

amation of Thomas W. Simmons & Co. and the Fook Lee & Co - I knew nothing about that amal gamation.

Mr. Jenkin: Rather curious, isn't it that Thomas W. Simmons & Co. had your property under mortgage and you knew nothing about that. Did you know that on November 24th, 1920 Thomas W. Simmons & Co. censed to exist be cause they had amalgamated with 4 new company into a limited com- pany -No I knew nothing about. that.

Mr. Jenkin: I put it to you that the Fook Lee firm had an account with the Bank of Canton and that cheques were paid into that ac-

Mr. Jenkin: Perhaps you will count-According to the books, I tell us if you know whether Thos.

The Magistrate expressed his surprise that a "Polico Informer " should be in the dock, but Mr. Turner replied that all kinds of curicus people" become police in- formers

Since his client had failed to ap pear, Mr. Lo said that he would drop the case. Mr. Turner, remark- ed that he was in the same

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straita," unless by good fortune the| NEW CABLE ACROSS THE Į. PALACE SERMON AT 95. absconded man was The two solicitors then left the Court, and the case proceeded.

The two complainants were then called and told the Court their versions of the story and the case was adjourned.

documents-in plaintiff's name or in the name of the Fook Lee firm.

Mr. Jenkin: Now do you agres

DISTANCE OF 1,400, MILES.

QUESTION OF WIRELESS

COMPETITION;

The Western Union Telegraph Co. of America has accepted the

"CELTIC FIRE" OF AGED PREACHER.

HAMPTON COURT, March 95th. A wonderful old man, who has passed his ninety-fifth birthday, stood erect and firm in the Chapel Royal, at Hampton Court Palace' to-day, and delivered a sermon with. a vigour and case remarkable for his age, writes & special correspon

He was the Rev. James Morgan, formerly vice-principal of Chester Training College and sub-warden

Sad that I have had no dealings W. Simmons & Co. are now carry that under that power of attorney, offer by a London firm-the Tele. dent of the Daily Expres.

with the Bank of Canton.

Plaintiff was asked for the books and he said that he did not know where they were as he had left them with his son, Fok Chung Yuen. He also said that Fok Chung Yuen had left the Colony following the Wing On case and had not been seen since.

Mr. Jenkins, In January 1922 your Des Voeux Road, Square Street and No. 30, Hillyer Street properties were inortgaged to & man named Fuk-Wing -I did not know about it then, but I know it now. I also discovered that from the ad- vertisement.

A Foggy Memuxy, Mr. Jenkin In July 1022 the property which you had mortgaged was re-assigned by Fat Wing -

know nothing about that,

ing on busines here ?--You mean Thos. W. Simmons & Co., Ltd.;

Mr. Jenkin: No. Thomas W. Simmons & Co. which you were helping with your money? It has ceased functioning now.

Mr. Jeakin: Did you know or

your son had the authority to chop graph Construction & Maintenance your name?It was intended at Company, Limited to manufacture the outset to use Fook Lee's chop and to sign my name in business and lay a new cable between. New- of Southwark Theological College. entirely without notes. His subject. connected with the Fook Lee Giria. foundland and the Azores, a die. He preached at some length to-day I have another chop for the pur-tance of 1,400 miles.

Sir Geoffrey Clarke, managing was simple, his language pictur director of the Telegraph Construc-, esque, and his delivery was clear

and forcible. do you deny it that the Fook Les pot of borrowing money in con-

tion and Maintenance Company,

At first he spoke extremely slow. & Co. and Thomas W. Simmons &nection with the Fook Lee firm.

Signs His Name In Court.

speaking to a Daily Bopress repre- ly, using his arms, which he out- Co. had amalgamated and became

Answering further questions, sentative said: Thomas W. Simmons & Co., Ltd. 1

I did not know about that..

plaintiff admitted that the chop "The cable companies of the stretched frequently, to emphasise his points, but gradually he gather- Mr.

Jenkin-Have you ever which he had made when he was world have been watching the heard about it-On one occasion a treasurer to the Shun Tak: Cham-gress of wireless with meticulous ed speed, and at length delivered her of Commerce had since been care, and the fact that a new cable rapid sentences with Celtic fire that showed his Welsh origin, White-

I was asked to take some shares in Thomas W. Simmons & Co. and I refused because the business was done in foreign style and I con- ducted mine in Chinese... Mr. Jenkin and His Lordship: But this is pot ap answer to the ques-

tion.

."

used in connection with the Kung is to be laid across the Atlantic On Godown Co.'s affairs.

shows that they are satished that His Lordship: Supposing your the cable system can still hold its son had wanted to borrow money own in public preference." for a legitimits business in con- nection with the Fook Lee firm, would it not be incumbent on him The Power Of Attorney,

to use your chop -No. Mr. Jenkin: On the same date,

His Lordship: Why could he not" your Hillyer Street property was Plaintiff in the afternoon agreed assigned to your daughter-in-law that he had instructed his solicitor use it? If Fook Lee wanted & loan - also know nothing about that, to write to the Bank of Canton to there was a separate chop for that your Hillyer Street lot was sold to ments pertaining to the mortgage ture would have to be put on doc

Mr. Jenkin: In December 1922, say that the signature on the docu- purpose. For other matters, signa your wife 1-I know nothing about was a forgery. He also said that mente. that.

the letter was written before he had

Ji

to

haired, whitebearded, his wise eyes glowing, he looked round at. his listeners like a venerable fatber exhorting his children. This will be the first cable link friend drove Mr. Morgan to ing Newfoundland and the Azores Hampton Court Palace in a shin- direct, and will be specially loading silver-coloured motor car, and ed" with a new form of alloy. It fetched him again after the

service.

Long Walki will be made at Greenwich, and as

His wife, who accompatted him, each section is completed it will be

The entire, cable will then be remarked to me what an active placed in water tanks in the ship men her husband was. etored in tanks under the Thames.

and taken to Roberts Bay, New- "He is still a good walker'" foundland, It will take tenor said Mrs. Morgan,

and goes for go for extremely long walks twelves days to run it out" to long walks every day. We used less than 200 miles a day,

it "He never makes notes for his the Azores, allowing an average of About 1,000 people will be em-

it is said of hira. sermons, and ployed in manufacturing the cable, that, unlike many old speakers, which is expected to be ready for ho are inclined to ramble, his

My husband always speaks laying by the Dominia, the largest statements are extremely clear and cable ship afloat, about October connected.

There are sixteen cables joined a simple fashion. He has come to. to the Azores, linking up with all the conclusion, as he has grown

"He reads with the aid of other parts of the world. The ex older, that it is simple statements change there is referred to as the that people want to hear.

and recently" it is from this point that all traf magnifying glass, Charing Cross of the Atlantic, as Be" in words is directed north, published a pamphlet on Evoly-

tion. soulb, east, and west:

Flaintiff was then closely ques- Mr. Jenkin: But at that time inspected the documents. A pretioned as to the signatures appear your own residence was in Hillyer vious letter was also rent denying ing on the documents in respect of Street --Although I was living that he had made the signment the mortgage and assignment in there, the matter was not told to He had only inspected the docu- dispute. He examined them care- me so how could I know.

ments three years and half after fally and said that of the four Jocuments three bore the facsimile Mr. Jenkia: In March 1923, the the writ was issued. Asia Banking Corporation closed Mr. Jenkin Under the power of of his chop. He would say that its door, do you know that I attorney which you gave your son they were the same impression knew nothing about that and even Chung Yuen, he had your authority the fourth document there had up to now I do not know whether to chop your name in any business been some slight alteration. Flain- next. the bank has closed or not.

connected with the Fook Lee Firm? tiff was then taked to sign his name Mr. Jenkin: Do you ask the What chop He had only the an four different sheets of paper gentlemen of the jury to believe authority to use Fook Lee's chop. and in different positions. He did Mr. Jenkia then referred plain-so and these will probably be sub that up to now you do not know that the Asia Bank has closed 1-tiff to a clause in the power of at-mitted to an expert in Chinese How do I know, whether the jarz torney which said that Chung writing.

The case will be continued this would believe me or not. I believe Tuen could chop and endorse all

morning. (Continued on next Column). "the bank is functioning.

"