1929-09-16 — Page 4

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shape of brim,

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COUGHS WHERE THEY START!

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HONG KONG.

THE HONG KONG DAILY PRESS, MONDAY, SEPTEMBER 16, 1929.

U.S. JOURNALIST SENTENCED.

TWO MONTHS' HARD

LABOUR.

ESCAPE FROM HONG KONG

CREDITORS" WHICH

FAILED.

Aleko Eugene Lilius, described ns an American journalist, was

convicted by Mr. T. S. Whyte Smith at Kowloon Magistracy on Saturday, on all five charges of fraud other than false preteness against him and sentenced to two months' hard labour on each charge, the sentences to run cou currently.

Mr. L. R. Andrewes, Assistant Crown Solicitor, presecated and Mr. F. C. E. Rendall appeared for

the defendant.

After the Magistrate's judgment had been announced, Mr. Rendall asked that the fact that defendant had been in gnol already for 56 days be taken into consideration. He had had prison fare, no friends to see him and had suffered the indignity which a European maust feel at being imprisoned in the. East.

880. He said that he would pay for it on July, but on that date he came to the shop and said that he had not got the money.

The bill had been rendered on June 30. On June 30 the Excelsior Co. rendered their bill for 851,95. He went to them on July 1 and said that he had not the money, but that he would pay on July 4. On July he went back to Sherff Brothers and got a bracelet valued at '843, for which he did pot pay. On July 8 the Pioneer Silk Store were pressing him for payment of their account 8175.50, and their energetic assistant was actually in the defendant's bed-room pressing him for payment while be WAS shaving. Defendant said, Le: me finish my shave, and I will give

you

a cheque." Having finished his shave, he opened a drawer and then said that he had only two che ques in his cheque book, and that be required them for two larger cheques he had to draw.

No Payment-Further Debts »

Incurred.

IS CHANG TSO LIN

1.

STILL LIVING?

SUGGESTION OF "TRADED"

⠀ IDENTITIES.

STORY OF A BLOOD.BROTHER.

[United Fress.]

Mukden. The real Chang Teo Lin is still alive in Harbin, in the opinion of some Chinese here, while the man who traded names and identities with him more than 20 years ago lien dead in Mukden, kill- ed by a bomb in June, 1929. The story is truly Oriental.

According to this Chinese story, the Civil Governor of Harbin, Chung Ching Hui, was born Chang Tso Lin. The two men were blood brothers, and thrived leaders in Manchuria in the lawless days before the Russo-Japanese

WIT.

as bandit

Fought for Japanese. The real Chang Tso Lin, so the story goes, enlisted with his trained army under the Japanese during the war, and gave them much assist- When the war was over, the

The Pioneer Store assistant re- fused to leave the room without getting his money. The defendant then said that he would borrow and pay him that night. He did anes. not do so. That very day defen-Japanese desired to reward him, dant had increased his indebted- and asked the old Imperial Govern Continuing Mr. Rendall said ness to Sheriff Brothers by pur- ment at Peking to give him a good that if the defendant was only con- chusing three pairs of kingfisher appointment. The Japanese had it victed, quite apart from the sen- bangles for #12-not very expen- fluence in Peking at that time, and tence, it would effect his career assive-but still, he did not pay for the Mancha Emperor asked Chang❘ a journalist of repute. At any them. The proprietor" asked for Tsa Lin' to come to see him. time he might be met by a up payment of his whole account"but would would say to him "You are the defendant said that he was go a convicted man."

ing to Macao, but would pay on his return in two or three day.

Fotel Bill Paid by Guarantor. He left for Manila (not Macao) on the M.S. "Canten" on the early morning of July 9. He tried to leave the Peninsula Hotel without paying his bill but the manage ment, although he told them that he was going only to Macao, had by that time reason to be suspici- ous. They would not allow his luggage to go, and he altimately

*

Magistrate's Decision.

In delivering judgment his Wor ship said:

"The question to be decided, in this case, is whether the defendant was simply in the unfortunate position of being unable to pay bia creditors, who would have as their only remedy civil action in the Supreme Court, or whether there were elements of fraud in his CRAC which removed it into another

category, and rendered the defen- dant liable to criminal prosecu tion. I hold that there were such

clements of fraud.

"I base my decision almost entire- ly on the ease of Regina v. Jones (1598 1.Q.B.119.) This is a case that has been referred to by the learned solicitors both for the pro secution and the defence.

went into a restaurant, ordered a

But Chang Tso Lin had been a bandit leader, and the Peking Gov- ernment had put a price on his head, so he did not care to make the journey to Peking, fearing | treachery. However, his blood- brother, a fellow-bandit, said he was willing to take a chance.

So Chang Ching Hui made the trip to Peking under the name of Chang Tao Lin. Instead of cutting

KAIPING HOUSEHOLD COAL

In Lots of nos Note Reduction in Prices.

less than

1-toa Delivered to Peak District (abore Bowen

Road), $23.00 per tan. Delivered to Bowen Road and Lower Levels, $21.00

per toa. Delivered to Pokfulam Rond, $23.00 per ton. Delivered to Kowloon, $19.00 per ton.„,

For Fries Apply to

"

Orders

should be sent

in writing not

by telephone at least 24 hours before the Can! is required.

All orders must be 18- companied by Cash, Choque,

or Compra- dore

Order payable to The Kalan

Mining

Ad-

ministration."

THE KAILAN MINING ADMINISTRATION

DODWELL & CO., LTD... Agents, Hong Kong.

THE MAINTENANCE OF ORDER.

PROPOSED AMENDMENTS.

INCREASED FACILITIES

BETWEEN BRITISH

POSSESSIONS.

An Ordinance to amend the Orders (Facilities Maintenance

for -Enforcement) Ordinance, 191, is to be introduced at next Thurs- day's meeting of the Legislative

Council.

LOCAL FOOTBALL.

CHARITY GAME AT CAROLINE HILL.

H.E. THE GOVERNOR KICKS

OFF.

Although the weather was ideal for football, there was not a large crowd at Caroline Hill to witness the Charity game arranged in aid of the funds of the Tung Wah (Eastern) Hospital.

Cecil Clementi,

Tha. Objects and Reasons state H.E, Bir that the original Ordinance No. 9.0.M.G., and Lady Clementi, of 1991, was enacted to make the accompanied by Captain Sillitos. necessary "provision for the enfor. | (A.D.C.),

and Captain. Whyto cement in this Colony of main (Private Secretary), were early tenance orders made in England arrivals. The Governor's party was and Ireland, and to obtain recipro-met by the Hon. Sir Shou Son cal treatment in England and Chou, the Hon. Dr. R. H. Kotewall, Ireland for maintenance orders and Mr. M. K. Lo, Chairman of

Directors, Tung Wah Hospital" made in this Colony.

The Maintenance Orders (Faci-

B.

Spiers

Before the game commenced, H.E. was introduced to the players and off his head, the Manchu Governlities for. Enforcement) Act, 1920, a photograph group taken with

I.E. included. ment appointed him overlord of the was thereupon extended to the The teams lined out under Lt. G Three Eastern Provinces, and gave Colony of Hong Kong by the W. Seal, M.C., R.A., as follows:

The Services:-A. Order of His Majesty in Council him an imperial rescript attesting dated the 11th day of October, (Navy) Oliver (R.A.) and Reeves got a quarantor, who, I under- | this fact. The masquerader came stand, has since paid his Hotel bill came back to Mukden with his seal, amounting to 8795. The defendant and it was then too late to reveal has produced several publications in the harmless ruse. order to show that he is a jour- nalist of repute. He may be, but

cial state,

This the case in which a. mathe production of these has proved meal, and, when he had consumed nothing with regard to his finan- He states that there it, was unable to pay for it. He is plenty of money owing to him was found to have a half-penny in and that all he had to do was to his pocket. That was held to be cable for it. If that is so, it is obtaining credit by fraud, on the difficult to understand why he did ground that there was an impli- not cable for some at the beginning ed undertaking to pay at the con- of July, when his creditors had be clusion of the meal.

gan to press him. I am forced to the conclusion that the amount of money at his conunand was quite inadequate to pay the debts that he was incurring.

"Normal Time of Payment."' Mr. Rendall, for the defence, has argued that the case of a man ordering a suit of clothes and similar goods is not comparable with the case of a man ordering a meal in a restaurant. The normal

The real Chang Teo Lin; the Chinese declare, was willing to let well enough alone. He was satisfied to lend his name and identity per- manently to Chang Ching Hui, knowing that his blood-brother would always look after him.

Many Blunders.

||

This, says the Chinese story, ex- plains why the man known to the world as Chang Tao Lin has always been so partial to the man known as Chang Ching Hui. The latter hna made many mistakes; at one

time for the payment of a meal in show that the move to Singapore time his blunders lost an army; but,

a restaurant is immediately after the meal is consumed; but a sait of clothes is very seldom paid for until sometime after it has been received.

Mr. Rendall has gone further and has argued that if goods such as a suit of clothes are received on credit there can be no fraud, pro-

An Easy Exit Open. "Now the defence, in order to

via Manila was not a hastily ar- ranged scheme to crade defendant's creditors, have called Mr. Blake: of Mesers. Gilman & Co.

His evidence proved that by about June 14 defendant knew that he could count on a free pasange to Colombo on the M.S. "Canton about the end of June.

It also proves that defendant was informed later that if it was. not convenient for him to sail op the Canton a later passage or another boat could be arranged for him:

so that even on his own admission, be made an ele- venth hour change of plan

vided that the purchaser has the intention of paying for them at some future date. I cannot accept this view. If the credit is obtain ed on the strength of a promise to pay at a specified date and the pur-

Now I regard this evidence of chaser at the time of making that

more against the defendant than in promise has no reasonable expect his favour. It shows that he knew tion of paying on that date, I am that while he was obtaining cer of opinion (on the authority of the

tain" of the credits, an easy exit Regina, Jones case), that that is

from Hong Kong was available. obtaining credit by frand. I would The defendant says that on July 9 go further than this, and say that he got a message asking him to go even if no date were mentioned to Canton. He accordingly ar there, would be an implied under

ranged go or the Bui Tai" taking to pay within a reasonable on the morning of July 9, the time according to local custom.

morning on which the "Canton " Promiss to Pay on Specified Dates, was also sailing. After getting Tradesmen's accounts are usual- out of the Peninsula Hotel, how he suddenly changed his ly payable at the end of the mouth. ever,

his Some tradesmen in Hong Kong mind and decided to revert render their accounts less frequent original plan of going to Colombo ly. In the old days I understand on the "Canton, that some Chinese tradesmen were quite satisfied if they were paid any time before the China. New Year. It is hardly necessary, how eser, to consider local custom in this case, because it has been prov ed that the defendant had made promises to pay on specified dates; that he got credit, or continuance of credit, on the strength of these promises, and, I hold, that he fail. ed to prove that when he made these promises he had any reRSOD- able expectation, or any intention, of paying on the dates specified. I do not propose to go through all the items of the several accounts, but I shall refer to oué or two points which I think tend to show in absence of bona fides. In con- sidering the matter, of bona fides, it seems relevant to consider the conduct of the defendant after ob taining the credit as well as before. Purchases of Jewellery.

On May 28, the defendant bought jade ring at Sheriff Brothers for

his blood-brother merely gave him another high appointment,

If the story is true the rest Chang Tao Lin probably, does not regret his decision now, For the man known as Chang Tao Lin came to an untimely end after a life full of carce. But the man known as Ching Hui, who may or may not be Chang Tso Lin, is still living comfortably in Harbin as civil governor, and has not been afflicted with the troubles of an absolute dictator.

Probably he is willing to have his blood-brother's son rule Manchuria in place of his own son, and to have his blood-brother's body being pre- pered for interment in the greatest mausoleum in all China, now under construction in Mukden,"

There is quite a resemblance be- tween Chung. Ching Hui Harbin and the late Chang Tao Lin, which the Chinese believa gives credence to the story. The writer talked with Chang Ching Hui in Harbin, and was struck by the likeness. He is a placid man, who seems to have taken life easily. He might well be the type of man who would willingly sacrifice his identity to another man for the peace of mind which his lesser position has brought him.

1821.

The original Ordinance was amended under instructions from the Secretary of State, ai new section 12 being added to the original Ordinance by Ordinance

No. 3 of 1923.

That section em

powers the Governor to extend the original Ordinance to maintenance orders made by courts in any Bri- tish possession or protectorate if he is satisfied on the point of re- ciprocity.

ง

(K:0.8.B.); " Everest (K.0.S.B.), West (S.L.L) and Joyce (R.A.); Skeggs and Stock (K.O.S.B.), Ray- on (S.L.I.), Kernick (Navy) and. Alexander (K.O.S.B.).

South China;-Chow In In; Ng Kum Chuen and Li Ting Sang; Year" Chuk Wa, Leung Wing Tak and

Leung Wing Chiu; Tso Kwai Shing, Suen Kum Shun, Fung King Cheung, Lee Wai Tong and Ip Pak Wa

H.D. kicked off for the Services"" and South China were soon press- ing. The Bervices defence, although not brilliant, managed to keep out the repeated attacks by the Chinese, Oliver and Reeves hustling the for- The unending Ordinance, how-wards off their game. Kerniek, by reat dribbling, took the ball down over, failed to adapt the original and slipped to Stock but the shot Ordinance completely to this new went wide. The game was fast and class of case. The main results of the play fairly even with Sout

| China forwards showing the better this omission are as follows:

combination. The Services kept South China out until a few minutes before the interval when Suen Kum Shun, netted from a pass by Ip Pak Wo "Half-time: Services, 0.

(a) Certified copies of orders which have to be forwarded must, in general, he forwarded, through the Secretary of State, however near to Hong Kong the other Bri- tish possession" may be see for example section 3 of Ordinance No. 9 of 1921.

South China, 1;

Free kicks against South China gave the Services an advantage when the game was resumed but South Chins cleared and Suco left standing in front of goal, easily (b) There is no power to make beat Spiers with a well directed in absentia a provisional mainten- ance order against a person resi- dent anywhere except in England or Ireland: see section 3 (1) of Ordinance No. 0 of 1921.

(c) There is no provision for the admissibility of depositions taken,

shot. The Services then took up the running, but Li Ting Sang cleared. Another raid by the Sez vices ended in Rayson beating Chow In In with a fast crous shot. With this success, the Services passed aoð. South Chinn were defending stout- ly. change then came over the game after Spiers bad come out to

H.K.F.A, LEAGUE.

or documente signed, anywhere ex-meet Lee with the result that the ball entered an untenanted goal to cept in England or Ireland: see give the South China a three to one sections 9 and 10 of Ordinance No. | Jend. Four goals, were then scored

in quick succession, 9 of 1921.

Fung King Cheung, Tao Kwa Shing (2) and The object of the present Bill Lee Wai Tong is to remedy these defects. It pro- Before the final whistle sounded, poses to insert in the principal Stock reduced the lead for the Services, the final whistle sounded Ordinance in place of the present with South China winning by seven section 12 a new section which will goals to two. provide that where the Governor is, satisfied that reciprocal provi- sions have been made by any Bri tish posscasion or protectorate for "the caforcement of maintenance or

ders made in Hong Kong he may GIRL'S SUCCESSFUL CLAIM

extend the principal Ordinance 19 TO FATHER'S PROPERTY. such possession or protectorate and that thereupon the Ordinance shall Tsinan. For the first time in the apply as though the references to ber 16. When the defendant was handedcords of the province of Bhan-England or Ireland were refer- over to Bergeant Whelan in Singa tung, & daughter has won her right pore on July 30 he had 82 on him. of inheritance to share the property He says, however, that he had of her father together with her

brothers. about 820 when he was arrested by the Singapore authorities.

He has given no very satisfactory explanation of this change of plan. My opinion a that if there was a change of plan it was because he now felt that his period of credit in the Peninsula Hotel and with his tradesmen creditors was ex

The "Canton" offered hausted. him free board and lodgings and escape from his Hong Kong credi-

tora.

INHERITANCE RIGHTS OF

DAUGHTERS.

In a case before the District Whether the defendant would Court of Tainan, Miss Chion Sui bave, returned to Hong Kong Chi sued her brothers for depriving or not, had he not been arrested, her of her lawful share of their is a question which it is impos- deceased father's estate. The Court, sible to answer, but it is a ques after a careful examination of the tion which, I consider, does not ease, instructed the young indy's require to be answered.

brothers to divide their father's The defendant is convicted on all property equally with their sister. the five charges.

Kuo Min.

The two Chinese teams entered for the Mid-week League. were admitted to Division II. of the league by the H.K.F.A. Council.

The R.A.M.C. have also been admitted to this division.

The teams in Division II. num-

To accommodate these teams in'

Oet,

enoes to such possession or protec. the opening matches of the season torate and the references to the Be. 4 draw was made with the following cretary of State for the Colonies results:- were references to the Governor of auch possession or protectorate.

The draft of this part of the new section 12 was supplied by the Becretary of State.

Section 3 this Ordinance is in tended to give proclamations al- ready made under the present sec tion 12 the same eflect as if they had been made under the new seo- tion 12.

Saturday, 3. LK Club Reg. 2)

South China "B." RAM.C. v. China.

Athletic "B"

12. K.O.8.B. Reserves

Athletic "E" R.A.MO. . South.

China "B." The grounds for these games will

be allocated later.