1928-12-18 — Page 4

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THE HONG KONG DAILY PRESS, TUESDAY, DECEMBER 18th, 1928.

"MING HAR.""

A NAME OR AN EXPRES

SION?

PLAINTIFF'S CRUDE CASE.

Whether Ming far was the anme

of a person or merely a legal or

commercial expression in Chinese Justice F. Jucks at the Summary Court in giving judgment in n case heard on September 27th, this year. Plaintiff in the action was Lan

|

THEFTS BY FIRE BRIGADE ROUND THE COURTS.

MEN:

THREE CHINESE SENTENCED,

PILFERING AT A FIRE.

Three Chinese members of the Fire Brigade appeared before Mr.

'AMMUNITION "PLANTED "

ON HIM.

CENTRAL MAGISTRACY

CASES.

Mr. M. K. Lo. appeared on he R. E. Lindsell at the Central half of a Chinese who was charged Magistracy yesterday on charges before Mr. R. E. Lindsell' at the

HAFIC LIMITED.

PRIVATE FORTUNE OF AN .*AUSTRALIAN FAMILY.

An application was made before the Chief Justice, Sir Henry Gol- lan, as the Supreme Court yester- day by Mr. H. G... Sheldon, in- structed by Mr. R. A. Waduson, fur the capital of Hafie Limited to be reduced.

was dealt with exhaustively by Mr. of pilfering property at the scene Central Magistracy yesterday The company which is a privace of the fire in Connaught Road Weat morning with unlawful possession limited concern was first incor- of 2 rounds of 38 revolver_am-parated in 1919 solely to invest the munition. The defence was that private fortune of a family living

Tain Kam Fui. Mr. J. M. Hall appeared for the defence and the case for the plaintiff was conduct ed by Mr. C. A. S. Russ

|

on Saturday.

Ng Tui was charged with the theft of some keys, a gold ring, two some Hong Kong and Chinese silver coins

Defendant claimed that 83.10 was his own money and admitted that he picked up the other articles on the staircase of one of the houses in volved in the fire.

>"

for a little money!..

Ming Har and the defendant was handkerchiefs, an electric totch and the ammunition must have been in Australia. It was started with A lot of Victrola

planted on accused by someone a capital of £1,000,000 divided into " else.

1,000,000 shares of each. Two Revenue Officer Grimmitt said members of the family were new that he was. on duty on the water-desirous front when the Sek 0 towboat ar- rived. The passengers were search ed in the usual way, but when the defendant's turn came. He dropped a packet which he was carrying and bolted. The parcel, a basket, was opened by a key produced by the accused and at the bottom the ammunition was found.

defendant.

Plaintiff claimed the sum of 8100 plas 844.30 interests on a Chinese borrowing note. His case was that the money was actually lent to the On the note were the words Ming Har Defendant claimed that King Har was not the plaintiff's name. "It was an expres sion equivalent to "bearer and not transferable in English. He also alleged that he had never borrow ed the money from plaintiff. The note was given to plaintiff's father in respect to a transaction connect ed with a Money Loan Association, In the course of his judgment. his Lordship found that ing Har was an expression, and criticised plaintiff for having put forward crude esse.

2

THE JUDGMENT. The full text of his Lordship's judgment follows:

The plaintiff in this action seeks to recover from the defendant the sura of 8100 principal and $44.50 interest due under a Chinese bor rowing noted dated 20th day of May, 1927 and signed by the defen-

dant.

Hi, Worship remarked that as i fireman he was expected to aid in the saving of life and property, yet he took the opportunity of reb hing the victims. Sentence of three An, order was made for the 83.10 months hard labeur was passed. claimed by the defendant to be held by the prison authorities as de fandant's property. The remainder of the money as well as the articles named in the charge were to be held by claims.

the police against possible

The second defendant, fireman' Chan Yuk Tin, charged with steal- ing money and property, said that a match box and a hair net belonged to him, but that the rest was picked up on the premises.

After his Worship made a similar observation as in the case of the first man, defendant stated that it was his intention to hand the property ever to a European officer had there been one near at hand.

Mr. H. T. Brooks, Superinten dent of the Fire Brigade, said that the defendant belonged to a shift which took over duty on Sunday The plaintiff states that he lent morning while the debris was still the defendant $190 and claims 15 smouldering. The man was obsery months interest at 2 per cent. pered coming out of one of the houses month leas 81.50 which he stated which was away from his point of he had received. He called on wic duty. In view of two previous ness who was present when the note arrests, the man was searched and was signed but did tot see any some silver money was found con- money pass.

cealed in his boots

...

The defendant has given a very different account of the transaction. He said that he was the head of a 'Money Loan Association consisting

of 22 members of which the plain-i tiff's father, Lau Sui Tai, was ope. The Money Loan Association broke! down. The defendant was unable

Inspector Bloor mentioned. that on a second search by the police

a sum of 80 in Chinese notes was found concealed under the man's tunic.

Defendant was sentenced to six weeks' hard labour.

A similar sentence was passed on

་་,

to collect the subscriptions so 4the third man, Lui Hai, who was compromise by way of settlement charged with stealing several ten was arrived at one of the content pieces and a gold pendant. quences of which was that the plaintiff had to make, refunds to sundry members. Some members

is one of these. It was given to

Lau Sui Tai, the father of the plaintiff who was a member of the Association-the plaintiff was not a nember. The defendant gave eight promissory notes, four of which bore the names of payees whilst the other four did not. They bore an obscure term Ming Har which I will deal with later on.

Not His Name.

The case was remanded until p.m. to-morrow.

of withdrawing their shares and that was the reason for the desired reduction of capital.

His Lordship, commented on the rather unusual procedure of a private fimited company applying for the reduction of capital and of the facts before him. asked Mr. Sheldon to place some

Counsel referred his Lordship to the affidavits on the file. He said that the company was incorporated in 1919 as a private company limit 9.15ed by shares and with a registered

IMPERSONATING A DETEC-

TIVE.

A Chinese was also before Mr. R. E. Lindsell with impersonating

office at the Chartered Bank Build. ing. The company has issued 350,000 shares and the sum of £1 per share had been paid up.

The two shareholders who wished to withdraw are Mrs. Christian Rowe Thornet and Mrs. Marion Leigh Wells At the time of the

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extraordinary meetings, and now, S. Moutrie & Co., I

a plain clothes policeman." Sub-the company's only creditors were Inspector Shaftain said that the certain shareholders whose invest defendant and another man had victimised a Chinese interpreter in Arsenal Street a few days ago, They accosted the complainant, said that they were detectives and showed a black pocket book and a police whistle! They searched the man and extracted his pocket book The complainant then began to have" doubts and seized one of the men,

to who managed escape. Later two men were arrested, one of whom was discharged following an identification parade. The ac cused, however, was picked out.

ments were deposited with the com- pany for management, under a declaration of trust. The total liability in respect of such deposit ed investments is £283,330.

His Lordship asked what "Rafie" meant and whether it was an off- ciul name. Counsel replied that it was derived from the firm's name of the Hong Kong and Austra lian Financial Investment Com-" pany."

The hearing was adjourned.

REVOLVER FOUND DURING

OPIUM SEARCH. "

The application was granted.

+

WILLS AND BEQUESTS.

CHINESE COMPRADORE'S 8953,700. ESTATE.

Several wills have been released by the Supreme Court, one of which was that of the late Mr. Chan Tong, alian Chan Taze U, comprature of the Dairy Farm Company.

The late Mr. Chan Tong, it will be remembered, died from heart failure while riding a horse at

A Chinese business man, the manager of the Eung Wo Cheong firm of import and export mer chants, of No. 303, Des Voeux Road Central, was charged before Major C. Willson with unlawful posses sion of a revolver.

It appeared that during a search Happy Valley, on the morning of May 31st, this year.. Ee Leaves of the premises by Revenue Officer estate in the Colony of 8253,700.

Probate has been granted to his secret cavity was discovered in the widow, Chan Tong Shi, No. 133, wall of a room and in it was the McDonnell Road, and his brother. The room had been re-chan Pan Kos, No. 15, Nanking cenfly used as a store and the shop Street, Yaumati

had previously been

His Worship accepted Mr. Lo's point and discharged the defen-

dant.

did not press for payment presum- note. I consider that no one would ably they were all involved in the be safe in giving value for a note same misfortune, others require drawn in this obscure way without some acknowledginent of indebted-reference to the drawer. There was nese and a number of promissory no evidence in this case that the W. Grimmitt for opium, a

He has notes were given. The defendant plaintiff ever did this. stated that the note now sued on said that the defendant gave him

the note in exchange for a loan of weapon. $190. If this is true I cannot be lieve that he would have accepted employees

The bequests are of a family sleeping there. a note written in this unusual

Mr. Horace Lo, for the defence nature, property in Hong Kong. form, his surname is not mention-submitted that the defendant could Kowloon and Shanghai being be ed and the expert witnesses have stated that Ming Har might be a not be held responsible as the re- queathed to the widow and three

volver was concealed in the room sone... man's name, the characters used in the note would not be used if aby some person entirely without

his knowledge. name was meant." I do not believe the plaintiff's name is Jing Har he may have come into possession The promissory note now sued on

of the note through his father, Lou contains this expression. The other Sui Tai either by gift or otherwise, fourteen members did not ap- or he may be seeking to recover on parently ask for noter, they seem his father's behalf, but in view of ed to have either regarded their the evidence which had been given, claims as valueless or were de the course he has taken," to put it faulters. The defendant denies mildly, crude. He has rushed to that he ever owed any money to the the conclusion that Ming Har is a plaintiff. He called three witnesses came and has added it to his own, who were members; of the Money and capped it all by a story of a Loan Association and who corro-loan to the defendant. borated the defendant's story with regard to this. One of them was able to produce a similar promis-; sory note also bearing the expres sion Ming Har. Deferidant stated that the plaintiff's name is Lau A Hoi or Lau Ling Hoi and not Lau Ming Har and in this he was cor- roborated at least by one of the witnesses."

Believed Defendant's Story.

KOWLOON MAGISTRACY,

A VERY NICE POINT.

A Chinese hawker was charged before. Mr. E. W. Hamilton at the Kowloon Magistracy with selling fish in a place other than a public market. "The defendant was ac-

I believe the evidence of the de- tually standing inside the market fendant and his witnesses, that this door and the fish was on the pave ment. The Magistrate said that he note is one of several given by the defendant on the compromise ar. did not think the section of the rived at when the Money Loan As- Ordinance under which the man sociation was wound up. It was was charged covered the question. given to a member of the Associa It was a very nice point, but his tion in respect of Money Loan As interpretation of the section was sociation money. The defendant that the man had to be away from **In His Name,"

said that he used the expression the market. The Magistrate, inti- Evidence was given as to the Ming Har because some members mated that charge of causing meaning of the expression Ving did not wish their names put in. obstruction" would have been the Har in the promissory note by the He said he meant it to be in favour proper charge. acting Court Translator and also of the bearer that in Lan Sui Tai,

The defendant was discharged. by Mr. Chan Heung Pak, Scure the person to whom he gave the tary of the Chinese Chamber of note and no one else, and that Commerce, both were of opinion Ming Har was not any one's that the use of the expression on

One of his witnesses, Lau

name.

a promissory note is unusual and A Kwan, who also received a note the meaning obscure in the absence said it was a mere acknowledgment of a name preceding it. The lat-of indebtedness.

ler went so far as to say that the

his 23

BANISHEE WITH A FALSE NAME.

A Chinese banishee who acquired

a new name in the belief that he

I do not believe the plaintiff's would not be detected was also be

dant's records were produced which showed that he had served three month's "imprisonment in 1026 and was then banished, The accused

Mr. Brooke David. The late Mr. Brooke David, formerly of Bexhill? No. 9, Oxley Rise, Singapore, and who died at Singapore on April 24th. 1028, leaves estate in the Colony to the value of $130,000 Re-sealing of the probate of his will has been granted to Mr. G. E. R. Beavis, of Messrs. Wilkinson and Grist, who is the attorney of Mr. A. Brooke David, a son, also residing at Singapore..

Mr. L. F. V. Eibeiro. Mrs. L. F. V. Ribeiro, who died at Shamcea on August 8th, 1928 leaves estate in the Colony of $3,100. Probate has been granted to her son and son-in-law, Mr. F. XV. Ribeiro and Mr. J. M d'Almedia respectively.

ST. JOHN AMBULANCE

BRIGADE.

KOWLOON RAILWAY DIVI- SJON COMPETITION.

Major W. X Campbell and Sur. geon Lient Davis have very kindly consented to net as

judges

in the Ho Fook Cup Competition on Thursday at 2.30 p.m.

the

The competition will be held on Kowloon Football Ground

A MAGIC COOKING PAN.

One of the most interesting

note as it stands is not trans- name is Lan Ming Har. I do not fore Mr. E. W. Hamilton at the which is situated on the Sea Front. ferable" and therefore null and void. End o name appeared in believe his story about the loan. 1 Central Magistracy. The défen- Chatham Road, opposite Gun Club

do not believe he got this note from dant emphatically denied that he Hill, front of the expression the note the defendoat. If he came into had been deported. The defen- would have been payable to that possession of this note bonestly he person's own self # name:"

I gather from this that should have got this obscurity clear the expression is meant to limit theed up before he brought bis action. If he really is bringing this action effect of the note in some way."

I agree with Mr. Chan Heung/on behalf of his father be should again emphatically denied this but ide. shows "at the Manila Shows]

have obtained a proper authority the Magistrate accepted the Police Pak's view that had a name and brought it in his father's name

records and "sentenced the accused peared in front of the expression the note would have been payable and even is that case it would have to 12 months hard labour. The to that person's own self, and no hen desirable to have referred the Magistrate remarked that he would one else. I think the words indi- note to the drawer in this, first not impose a birching as the man

was an opium addict. cate an intention that it should not be transferable.

instance.

In its present condition I regard the note as of no practical value to Difference In English Law:

any one except possibly, the plain- According to our law a note pro- tiff's father to whom the defendant mising to pay a fictitious person or has expressed his obligation and "blank" is regarded as payable to willingness to pay. bearer, but anon-transferable I give judgment for the defendant bearer note would be useless to any with costa, against Lau A Hoi, alias one and in my opinion void as a Lau Ling Hoi, alias: Lau, Ming

(Continued on next Column).

Har.

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2 councillor of a monarch of the traditional Three Kingdoms. Its magic quality in this: If you fill it, with water and gently rub the handles the water becomes "Alive" FONG KONG HANSARD RE At first there is just a tremor? ¿PORTS" of the MEETING

A Chinese hawker who was sum- then a veritable storm in a cook of the LEGISLATIVE COUNCIL moned for hawking on the Kowloon ing pan and anally a regular for the Session 1927 City Range without a license was fountain some inches high. The grasted, a free license and 82 from metal of the bowl is vibrating the Poor box with which to start furiously and this gives rise to the business

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T

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