1932-06-16 — Page 7

i

!!!

YOUNG WOMAN'S

COMPLAINT.

HUSBAND SUED FOR MAINTENANCE.

ALLEGED INTERFERENCE

BY AUNT

Pan Book Ching, who before, her marriage three years ago, waż a. student at the Italian Convent. appeared as complainant yesterday before Mr. W. Schoffeld in a ens in which shu sued her husband for maininnance...

19th ARMY IN AMOY

DISTRICT.

WARMLY WELCOMED AT

CHUANCHOW.

ו

(From Our Own Cozraspondent.)

וי

Amoy, June 11.

The Ulat Division of the 10th Route Army arrived at Choanchow oh the Dth instant. On that day four battalions marched into the

town and the rest are on their way. At the time of the arrival of these gallant troops there was a dull sky She was represented by Ma. Hin overhead and threatening rain. The Shang L, instructed by Mr. Peter weather did not howevór damp the Sin, while the husband, Ya Wahardan of the Civilian population Toax, was represented by Mr. F. X. D'Almada o Castre, junior.

In outlining the ease for the com-

mere

were crowded,

HONG KONG DAILY PRESS. THURSDAY, JUNE 16, 1932.

THE HARDOON WILL CASE.

SETTLEMENT STATUS DISCUSSED. ..

STARTLING VIEWS OF COUNSEL.

SHANGHAI, Jupe 11.

In H.M Supreme Court, vestarday, Judgo Sir Peter Grain continued the hearing of the action in probate by Ezra Abdallah Hardoo (claiming to be a cousin of the late Mr. S. A. Hardoon), of Shanghai) against Mrs. Lisa Hardoon (the widow),, excentrix and sole beneficiary under the will, with a view to determining the validity of the "will The plaintiff is represented by Mr. H. P. Wilkinson, K.C., with Mr. H. Browett, and the defendant by Mr. Eldon Potter, K., of Hong Kong, with Mr. G. E. Wright; whilst Mr. H. B. Samuel, of London, with Mr. E. L. Hartoop, is joined naa plaintiff on behalf of Mr. Isano Silas Jacob Hardoon, of Bombay, who also claims to be a relative of the deceased.

no

When the Court opened yester) so they had not the sanction of the which turned out in great force today, Mr. Wilkinadh sought permis- Chinese authorities. The Chinese welcome the voterans of the Shang-sion to introduce the ovidence of Government is a very junior part hai campaign. Representatives of Mr R. F. C. Master, which had mer, because the mastice of sover plainant, Mr. Lo said: "In all the public bodies were present in large been held back owing to that gentle-cignty is the power to legislate and enses of family squibiles brought numbers; every bouso was emptied man's inability, to attend the Coars the Chiness Government has 4.before you for adjudication. I don't of its inhabitants, and the streets arlier. It was Mr. Wilkinson's power to in any way tamper with

think you have heard

A real hospitable purpose to prove the Irakian law the sacrosanct nature of these Re- pathetic case. In her endeavour to welcome was prepared and along mesesion and Mr. Master bad gulations. Taking the thing as o avoit publicity and to bring about the streets were tables of fruits, segured statements from two legal whole, it really amounts to no mere an amicable settlement, the com-

tobacco, cigarettes and practitioners in Baghdad, which it or less than an independent gov. plainant had previously" brought drinks of all kind. The detail of was proposed to present as a certi- | Brument with strong budgetary her case before the Secretary for towels and basins full of water for fed document. Mr. Wilkinson anid fisen powers developed at the ex- Chinese Affairs and an official of washing after the long and exhaust that this was the only method avail-pense of ousting the Ascal powers the Secretariat has eat on a matriing march was not forgotten. These able to him of proving the law. 1of the theoretic government. 17

mial court for the purpose of arrangements were prepared by the

Mr. Fottor said that the only way The Treaty, said Mr. Samuel, merchants and business · men stling this matter.

of proving foreign law was by call-provided for an area being set apart ing an expert and so he objected to for foreign residence. the proof offered.

41

9.0.A. Approached. Owing to the uncompromising. "and dohant attitude of the defentiant

cake

unkes,

in

Chranchoy who were determined to show their appreciation of the 19th Army.

To objection was upheld.

Mr. Wilkinson. Location. Mr. Samuel There is no treaty by which China gavo perinission for the exercise of the right of govern,

General Mao Wei Shou, Com- the proceedings started at the S.C.A.mander of the 1st Division, arrived

Judge's Responsibilities. became abortive and complainantat Amoy this morning by a steam-

There followed another panagement. has been compelled to bring the ship of the CML. A number of

between Mr. Potter and Mr. Mr. Wilkinson: I quite appre- before you for settlement, officills went on board and gave Samuel, in the course of which the ginto the argument, but I object to much against her will.

him cordial welcome. On the "Her ense against her husband jetsy there was a large assembly of former remarked: You must re- the raising of these political ques is that he is guilty of desertion officials and representatives of local member that you said earlier that sinhs, which are not at all neces and cruelty and although the sum- organisations as well as hundreds of were here for the express pursary, and I disassociate myself from mona does not allege desertion inivilians. The streets were again pose of ousting this lady from the argument.

thickly crowded to welcome tre dis-everything and therefore you cannot tinguished officer.

expect much sympathy from me!”

so many words, I would nek your Worship to note that in the course of the proceedings, the complainant will place, all facta unreservedly before you and she will ask you to say that her husband has been guity of both cruplty and weg- lect."

Mr. Lo then went into the law of cruelty and neglect, after which he said: "The complainant was married at the beginning of 1929 And there have been a series of in- sidents which made her married life very unhappy.

The first instance was one of a

General Mao is

for the time being, staying at the hotel at Kulangsu. He will be there for a few days and then proceed to Chuanchow to take over his com.

mand.

MOSQUITO BREEDING.

BUILDING CONTRACTOR

FINED."

As a sequel to complaints made by the Nursing Sisters at the Cov erament Civil Hospital garding

vory trivial nature which happened the "breeding of mosquitors in the The defendant took his wife outghbourhood. Pang Yu Ting, of

two or three months after marriage.

shopping and on arriving at one atore, he was kept waiting a little too long, when he became impatie and openly scolded his wife. When the couple returned home. the scolding continued and, naturally enough, words were exchanged and the defendant became enraged and threw a tumbler at his wife, cutting her arm and causing blood to flow, Wite Leaves for First Time.

W29

the Hang Sun firm of montractors, summoned a the Centra! Police Court yesterday before Mr. Schofield,

Inspector Sullivan, of the Sanitary Department, said that he visited

Mr. Wilkinson asked permission

UNQUALIFIED DENTISTS.

TWO RECEIVE HEAVY'

FINES IN COURT.

π

That a number of Chiness are in practice in the Colony as dentista without proper qualifications and without being registered with the Government was revealed" by Ins pecter Murphy at the Central Ma gistracy yesterday morning when ho appeared on behalf of the Ins pooter 'General of Police to prose cute two Chinese, Mak Kai Ming, of 10 Queen's Road Central and Kwan Chut Wah, of 30 Queen's

·Road Central, for unlawfully holds ing themselves out as dentists by private advertisement.

Both defendants' pleaded guilty," and were fined $200 each. Mr. A. Areali appeared for the defense and entered a pleu in mitigation of the offence.

Sailor's Death,

wero

It was stated by the prosecution that the Government tad received these Bo-called complaints that

+1 dentists

performing dontal operations without success: and often with dangerous "results, and a case was quoted in which a ailor went to Queen's Road Central to have a tooth filled. He subsequently developed a sceptic) mouth and later aceptic tonsilitis, and died in hospital. As it was difficult to prove whether the filling of the tooth or the extraction cous-" ed death a charge of manslaughter · was not brought.

that

does not appear in the Government

man in the

Inspector Murphy pointed out sky pe-300 whose name

Gazette is not a dentist. The first defendant, Mak Kai Ming, had Shanghai's Standing Army.

been in practice for some time, and Mr... Samuel: Everyone knows it was well-known" that he held to refer to a report in a local news-what took place. It is also common himself out to be a dentist, al- paper, but the Judge said I am knowledge that the government of though the average afraid I cannot help that. I have this region, from which the Chinese street did not know whether he was many responsibilities, but I am not jurisdiction has been ousted, inqualified or not. responsible for the Press."

order to consolidate their position and prevent Chinese jurisdiction being effective have maintained what is more or lasa a standing army, partly paid and partly un- paid, assisted by a body of white Russian mercenaries.

Mr. Samuel then continued with his opening, which he had started the day before. He ruferred at great length to what he styled the coup d'etat which had brought about the present status of Shang hai, which was really the result of a deliberato attempt by the land enters to stretch the position of foreigners in the Settlement and consolidate that position" In this

course of his address he referred frequghtly to passages in, the Fee- tham Report. Friction had arisen,

Mr. Petter: I must join with Mr. Wilkinson in disassociating myself from these arguments. Per- haps the merciful view is that my friend is ignorant of the circum

stances out here,

*

Serious View.

His Worship said he took a seri ous view of the case, as the adver tisement was very misleading.

In connection with the suramons against Kwan Chub-wah, Insp. Murphy said defondant had a card bearing the name of James Mac, Dentist." Mac was at present in the country. The business WOS Jarge and had many European and Chinese clients attending. The Law

Officers of the Crown were consult- The Judge: You have made youred before and after the issuing of point, Mr. Samuel. It is a Settle

the summonecs..

might obstruct him as much as

he could, he should call on him

as representing Mrs. Hardoon as

he said, between the Chiness authe-ment belonging to the Foreign ritien and the Suttlement authoPowers, in which the Chinese have the building, under construction in rition with regard to the adminis-ao mithority. If you go on, I can Bonham Road, on May 19, and tration of the Settlement, and the not stop you, but it is regrettable found mesquitos breeding in the sinks. A legal notice was served foreigners did not like the interfer- that you find it unavoidable, if you on May 26, which expired on Mayence of the Chinese.

do find it. Why is this nece the executoria which office sho He re-visited the premises on

On a protest by Mr. Potter, Mr. [sary?

should be ready to assist" all who May 31 and took a sample of the Samuel said that he was only quot Mr. Samuel: My only reason is would share in the estate to ad- larvae.

His Worship imposed a fine ofing the Feetham Report on a letter to show that the expense of keep.mit that the Irak"law of succession from the "Committee of Land Rewing the Russian Detachment is was different from the internal Eng-

22D

The wife thereupon left home senuse she thought that marked the beginning of her unhappiness. She went to live with her mother, $95. Arst in Hong Kong and then in Масио. Later on the defendan wrote to his mother-in-law, apelo-wife. gising for what had happened and promising to behave better in the future.

ฟุ

The wife necordingly returned to live with defendant in the hope that he might restrain his temper. Facts subsequent to that incident show that he d not keep his promise."

Mr. Lo went on to say that in September 1930, the wife had a miscarriage, due it is alleged, to the husband's erunity.

"

tern to the Minister, which, legally charge on the International Settle-lish law.

or illegally, constituted a frontalment and that such charge did not attack on the Chinese Government,

Mr. Potter: submit it is irre- levant. Whatever attack they made, frontal or otherwise, the affair was regulated by treaties,

Mr. Potter refused."

emanate from the Land Regula-

A Novel Application, tions; nor the Artillery, which it is also common knowledge is a part Mr. Samuel next produced a of the machinery of the Defence textbook of the Ottoman law of Forec It is common knowledge that it was a novel situation, sug- zuccession, and, though admitting

The Judge! And they were pri- that these forces are kept and or-gested that he should be permitted

The Other Woman." The third incident happened in December, 1931. It is alleged that the defendant and his aunt went to the S.C.A, with the idea of getting permission to tako in a die jong wife or a concubine. The husband. was told to go home and try to›vate individuals. make it up with his wife, Appar ently this advico impressed him, for be "wont home and behaved very well for a time. Mr. Lo said that the wife, was now in a certain con- dilion.

"Act of Usurpation."*

Mr. Samuel: The Land Regula

outside the Meanwhile the defendant tions, L argue, are

ganised to safeguard the Settlement from any incursions by Chineso troops.

Chinese Volunteers,

The Judge: You have not men-

i alleged to have co-habited with Treaty and are an act of usurpationed that part of the Volunteer

personally to go into the box to prove it. He quoted his legal ex- perience in the East as indicating that he had expert knowledge.

The Judga: It would place Coun sel in a very awkward position. It would be difficult for them to cross- examine you and they might want

another woman, but at first abe was tion, and I think it possible to show force is composed of Chinese and cross-examine you severely and not brought into the home. Later, however, this woman was brought home and the wife left.

06

In 1981, said Mr. Lo, here in cidenta of a disgraceful nature happened. "One night in July, the house cat broke a water jug and the next morning the husband scolded the wife for the loss of the jug and kept it up for two whole days, dur ing which time, his aunt also join- Speaking of the incident which ed in the scolding. There was an decided the wife to leave her home, exchange of words, and in the oad Mr. Lo said that one morning the the defendant threw all sorts of husband asked his, wife to brush things about, including his wife's his boots and on the wife refusing. cups and ornaments, which were he said that she had done so before. part of her marriage portion. The The wife retorted that she would do can go into the letter or the details

superstitious Chinese, said M. Lo, would consider that a bad omet, while the enlightened would con- sider it an insult. Mr. Lo went on to say that the husband carried on

in this manner deliberately to in sult his wife had to show that he had no further use for her.

The second incident took place in October 1931. It is alleged that the defendant, on his aunt's advice, bought a separate bed and the aunt is alleged to have forced the defen dant to sleep away from his wife. Mr. Lo said that this move on the part of the nunt, to which the de fendant agreed, was calculated and designed to annoy and salt the

(Continued on next Column

indifferent or incorrect, and, an- Joss your colleague agree, I certain ly shall not put them in that ex- tremely delicate and awkward posi

a matter of history that the I believe it in a very efficient Com-uggest that your knowledge was foreign inhabitants word saying:pany indeed. They have been em- "We want more, power than is played whenever there has been

trouble, to protect the Settlement. given us by the Treaty."

Mr. Samuel: I am not dealing with the merite, bat with facts.

Continuing, Mr. Samuel pointed

The Judge: You state that for what it is worth. I don't think we

so ouly if the other woman left the of it-It-je-no-good-your reading house, but the husband refused to the observation of those people be do anything in that direction.

Speaking of the proceedings at causa they will not affect my mind.

out that it was necessary to go through extradition proceedings for

the Chinese Government to get any

tion.

Both Counsel dissented from Mr. Samuel's auggestion and the Judge disallowed it.

Mr. Samuol: I may say I am relived

The Judge: I may say that I Am!

Mr. Samuel eventually closed his the S.C.A. Mr. Lo said that the Mr. Samuel: The Lang Regula- one out of the. Bottlement. It was opening, subject to reenlling Mr. wife asked for 8601 A month ns

his Mr. maintenance, but the husband's re-tions of 1800 wore contrary to bia argument, he said, that, because Wilkinson's client as

ply was, "come back and live with Treaty, as the Regulations they the Settlement was extraterritorial, Samuel's witness), the case being 115, "Mr. Lo, before concluding, supplanted could only be extended the decoused could not have shažen

mentioned that he understood-that- both the husband and his aunt had property in the Colony. He said he mentioned that in case the de- fendant should state later that he had no money.

The complainant then went into the witness box to substantiate the opening by Mr. Lo, after which the case was adjourned.

by the consent of the Chinese authoeff his domicile of origin. It was rities, and that was dispensed with, his case to establish that the docess-

Mr. Samuel said later: " It in

a matter of common knowledge that od was a native of Irak and that the Regulations of 1809 were never the law of Irak must apply.

Mr. Samuel then said that, sanction by Peking, but they wors communicated to the Trotai by the although Mr Potter representing Senior Consul and the Tuotai wash- Mrs. Hardoon as a beneficiary. jed his bands off the whole måtter, (Continued on nézt column.)

adjourned.

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