1932-07-21 — Page 5

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ANOTHER LOCAL SOCCER DISPUTE:?

TWO CHINESE CLUBS QUESTION ANNUAL MEETING

VOTES.

MATTER THRASHED OUT AT COUNCIL MEETING

YESTERDAY,

The cloud on the local footb ill horizon appears to be looming up Dues again, and at yesterday's meeting of the Football Council it was shown that already the Council is beset with a new trouble. The members of the Council, however, individually and collectively, appear to be very reluctant to allow the matter to develop into a serious dispute and the attitude of frankness and friendliness was evident throughout yesterday's meeting,

The present trouble arises out of the annual meeting of the Hong Kong Football Association which was recently held under the Chairmanship of the Hon. Mr. R. H. Kotewall. Seemingly the South China Athletic Association and the Eastern Football Club now question the validity of the election at that meating, us they felt that under the rules only 28 votes, could be recorded, whereas at the meeting, when it came to the election of membera of the Council, forty-three votes were recorded in the ease of some of the candidates

The S.C.A.A requested that the names of those who were pre- sent at the meeting be furnished to them and the Counci) agreed to supply this information.

Mr. R. K. Danean presided at the meeting,

HON. MR. KOTEWALL EXPLAINS

SITUATION.

HONG KONG DAILY PRESS, THURSDAY, JULY 21, 1932.

PRIVY COUNCIL

APPEAL.

LOCAL MORTGAGE CASE.

In the action in which Li Po Kwai claimed a resulting trust of the lease-hold property Subsection 6 of Section A for Marine Lot No. 50 and Section L Marine Lot No. 63A, a half share of which assigned to his son Li Nga Ching and subsequently mortgaged by li

favour of Li Po Kwai,

WAS

BANK APPEAL CASE. CORRESPONDENCE.

MR. POTTER REPLIES TO

MR. JENKIN.

MANY AUTHORITIES QUOTED IN SUPPORT OF ARGUMENT,

At yesterday's hearing of the Full Court Appeal in which the French Bank necks to quash Mr. Justice Wood's judgment in favour

All letters intended for pušķi. sition must be accompanied by the name and address of the writer, aut for publication, unless so desired, but as evidence of good faith --ED.]

REFUSE REMOVAL.

(TO THE EDITOR OF THE ** HONG KONG DAILY PRESA."]

Sin, I am sure that every think- | Nga Ching to Trang Chuen, S. of Mrs,. Chu Shuk for 842,000 asing citizen of this Colony will!

damages for alleged wrongful sale agree that M. M. K. Lo as re Henry Gollan gave judgment in nader a deed of mortgage.

ported at yesterday's Sanitary į Mr. F. C. Jenkin, K.C., with Boned meating, deserves their up- Trang Chuen appealed to the Mr. R. C. H. Lim, instructed by probation and congratulations for Full Court and the Full Court 11. C. Bulmer Johnson were for bringing up and ventilating the upheld the judgment of the Chio!

the defendant appellant bank while subject of refuse removal in this Justice. Tsang Chuen appealed to

Mr. Eldon Potter, K. C. and Mr Colony. the Privy

London Council in against the Judgment of the Full. G. Sheldon, instructed, by Mr. D. L. Strellatt, were for the plain Court and the Privy Council' al

tiff respondent. › towed the appeal with costs of up peal and of the action.

Mr. Eldon Potter K.C., with Mr. F. C. Jeskin K. C., instructed by Mesars. Hastings Deanys and Bowley, netix for Li Po Kwai and Mr. H. G, Sheldon, instructed by Mesars. D'Almada and Mason, act- ed for Tsang Chuen.

That the whole system needs al- toring none with eyes to see and possessing any sense of business or In bringing his address to a con-ganisation will deny. One has but! clusion, Mr. Jenkin submitted that to walk near the American Club should all other points be against in Des Voeux Road at tiffin time, him then the true value of the for instance, every day and see a mortgaged property was no.

typical manner in which refuse is $42,000 but $38,000, The trial removed (and this, be it observed, judge, said Mr. Jenkin, took the

in the

1032) and rental as '8200 a month whereas he

the peak hour of podestrian should have taken #263 which was

and vehicular traffic. One can in fact the rent being paid at the

not imagine similar sight · time the property was sold. He

Fear

at

on the Peak, for instance. While

Mr. Mok Hing as the representative together with the letter from the gard to the matter which forms the advanced this point only if the congratulating Mr. Lo, both in

The text of a letter signed by of the S.C.A.A. and addressed to the Hon. Mr. R. H. Kotewall, C.M.G., who took the chair at the recent annual meciing.of the Hong Kong F.A., was as follows:-

not

to

the

or parties or individuals with re subject of the two letters we have received. In regard to what action the Military Clubs will take, Captain Haywood will tell you

later.

Military Attitude. Mr. Chairman: I did not know why there should be any trouble Iwith the Military.

Court was against him on all other patting forward and ably defend- grounds. His case was that 830,000 ing his motion, I venture the opin was the correct valuation.

ion that every thinking citizen will Counsel then quoted extensively also deplore the non-helpful, cynic-| from Privy Council appeal cases, and wholly oppositionist and after which he resumed his seat at official attitude of our H.S.D. as 10.30 o'clock. He had addresses reported, really an attitude, which, the Court for exactly nine hours.particularly in the case of public]

Mr. Potter Opens.

servants, has nothing to commend it but everything to condemn îț,-- Opening his case, Mr. Potter said Yours etc. that he would deal with

" con.

1932 NOT 1832.

struction" and "consent" points, leaving the other features of the

casc to Mr. Sheldon.

SERIES OF THEFTS.

should go forward. I then sent it Eastern Athletic Association which, although dated July 15, did not reach toe until yesterday morning. Although I have had a good dent of talk with Mr. Mok Hing, Mr. At the meeting of the South Ormiston and Mr. Y. K. Mok, I propose. at this China Athletic Association Com do

the gist mitten yesterday, (July 19) was juncture to give

several conversations. instructed to ask the Chairman of these

that say

Captain Haywood: There is no the Hong Kong Football Associn- should like tion who officiated at the annual object of there conversations was to question of the Military Clubs com general meeting of that body on and prevent any hasty actioring into this question at all. Inly to supply me with a list of being taken which might upset or think Dr. Kotewall got the impres the names of persons present and declare invalid the last anuna!sion from Mr. Mok Hing that he

meeting.

had the backing of these Clubs... who voted at that meeting. tu-

All the same, I think that th Mr. Kotewall: I simply wrote to gether with the names of the

information which these two clubs Captain Haywood privately, to try ffiliated clubs each represented. There were 41 votes cast at the seek ought to be given, and there and to get the benefit of his views election of the Honorary Secretary, fore, yesterday, as soon as I heard on the matter. Captain Haywood

Counsel submitted that Mr. Jen 93 votes for Mr., W. E. Hollands from Mr. Mok that this letter kindly arranged for the interview

Several European residents and 18 for Sergt. A. R. Brittain.should go forward officially. I saw this morning. Although I gather kin had said the deed provided figure as victims in a series of thefts Also some of the Councillor re- Mr. Ormiston and then I suggested the impression from Mr. Mok that the plaintiff was responsible erived as many as

Obviously that would ed to him that as Chairman of the Hing that he had consulted other for Pittendrigh's overdrawn ac and lossus reported to the police

be authorities on Tuesday. pages 51-32 of the Association Hand- Annual Meeting I held the view Clubg other than the Chinese Clubs, the position taken by the bank,

From Miss J. E. Cousons,” of the book 1931-32, under Clubs All that flus information should be sup I must say he did tell me thesebut, he asked, would it not have

been a most simple thing to in Jado Tree, Ltd, the Arcade, Glou- BOON as were the Military.

clude it in the deed? Tinted to the Association," thereplied and supplied as

cester Building, comes the report fr Ormiston kindly Captain Haywood: The G.0.C Still dealing with construction, are only 18 names. The maximum possible.

advanced by the bank that Coven W28 found to be missing after number of accredited representa agreed to get into touch with the las instructed me to tell you that Mr. Potter contested the argument of the loss of a jade ring, which tives entitled to vote at that meet-Honorary Secretary, for him to get in the event of the Chinese Clubs ant One, taken with the inst pro-would-bus customers had visited the ng according to Association Rule eady for this evening's meeting, not entering for the League or vise of the document, was sufficient shop. The value of the ring is

competitions. for the season 1932-3, In no way, he argued, did Coven No. 5 could not therefore exceed the information sought.

ant One define banking facili given as $100. he will reserve the right to exercise ties." The term "banking facili his own judgment as regards the ties applied for" was wide open." course of action to be taken by the Army Clubs.

34.

Oa 43 votes.

The S.C.A.A. protest that the whole procedure, particularly the election at the annual general meet- ing of the H.K.F.A., is not in or der, and to ask you to call another general menting and have another

election

The courtesy of an early reply will be much appreciated.

A similar letter was also sent to the Hon. Mr. R. H. Kotewall by

the Eastern Athletic Association.

A Bombshell.

The Chairman opened the pro- ceedings by saying: I would like to say that there has been a bit

Interpretation of Rules,

I should like to say that Mr Mok Hing has assured me that al

of bomb-shell dropped on us in the though in the letter it is stated that

last few days and I want to say

Names to be Furnished. Reverting to the question before

It is the intention of his Club and the meeting, the Chairman said:

"The only dispute in the matter of construction," said Mr. Potter, in what banking facilities are covered by this deed, and once you answer that question, there is little

more to be done.'

count

Deed Badly Drawn Up?

FIVE EUROPEANS VICTIMIZED.

Mr. G. H. Paine, of 5, Lock Road, third floor, has notified the police that some time on Monday last some-one stole from his re sidence money and a cigarette case to the total value of $53.

Our attention has been drawn to certain Club rules. I hold a cer

The Chairman, addressing the Then followed a discussion จน tain view on the interpretation of these rules and I am sure that meeting, said that the season had points of construction between Sir other members of this Council also finished with the representatives of Joseph Kemp and Mr. Potter dur

ing the course of which Sir Joseph Whilst a motor ear belonging 10 hold certain views. I think it is the Council and the Chinese represaid he was of the opinion that the Mr. D. S. Edwards was parked only right that in the interest of sentatives standing on the best of deed was badly drawn up.

Mr. Potter took inue and con- outside Claremont Hotel, in Austin this Association we should take terns and both sides had signed sidered the deed quite clear,

Road, during the tiffin hour ou Mr. Potter continued that Coven counsel's opinion on the construc-articles of goodwill and all were tion that should be put on these very sincere. They wore going to ant Two defined three classes of Tuesday some-one stole the radia rules since they have been question-start afresh and bury the hatchet banking facilities, all of which tor eap, valued at $5.

must be authorised in writing. On Some time after 9 o'clock the ed. I understand from Mr. Mok and forget the past and this thing these three and on no other was that he has sought legal opinion on happening so early in the present the plaintiff to be responsible be same day Mr. S. Jervis, account 'cause the proviso said she was only ant of the Hong Kong Electric Com this subject.

Beason was very unfortunate.

to be liable for banking facilities pany, who was walking from 12, herein provided." There was ng specific definition for facilities Bonham Road to the Military Quarters in Kennedy Road, dropp: in Covenant One.

"Our position is this," counsod a pocket book from his jacket continued. We take the deed d right now that it has always been also of the Eastern Athletic Assocannot understand the attitude of a whole in order to extract the pocket. The book contained $13

this deed way not drawn up for the the object of this Council to do gilintion to lodge a protest, the prot the South China Athletic Associa true meaning. My point is that and some papers.

A wallet belonging to Capt. E that it poselbly can in the best cat has not yet been lodged, so tion. Mr. Mok Hing, had he cared purpose of granting general bank. Godinez, of 3, Liberty Avenue, lost some time inforests of soccer and in spite of what they wish to have now is the to, could have raised the questioning facilities It says certain Homuntin, was what may have hoon said in ons information they desire and they of amending the rules before the banking facilities. There it nothing between 7.a. and 7.30 p.m. It which provides for liability on our was dropped daring the journey particular newspaper-1 am refer will look into the information when annual meeting. He could have part on ordinary current account from the Yaumati Ferry Wharf, ring to the Hong Kong Telegraph, we supply it and will then take written in on behalf of his Club balance; nothing, which provides Hong Kong, to Capt. Godinez's se I want the public to know that such other action as they may think and asked for the rules to be amend for general banking facilities,"

ed, but that was not done. Any thing that was done at the anning meeting was according to preced

When the case was resumed after eat. The meeting was conducted as in former years and, there was no the adjournment for lunch, Mr. question rail as how the voting Potter said

"It la quite clear that Coven: SHOOTING INCIDENT. should have been conducted. Mr. Mok wants us to give him the ant Two deals with three classes of names of those at the meeting and banking facilities". He summaris understand that the Honorary el the three points as follows: Secretary has the names and I don' Purchase of bills-by-bank- don't want any trouble, than to think we could-da-better,-since we Advance made on account of

credits opened. 3. Payments on demand of af! furnish the South China Club with tive of the Teung Ching AssociaSince the receipt of the South these names. We want everything,

The case in which a Chinese whe losses incurred on Bills of charged with housebreaking at No tion. We had a long talk and at China -lotter on the 18th, I have to be open and above board.

Lading or

other documenta 11, Lai On Lane, West Point, and the end of it was agreed between given a good deal of my time to! The Honorary Becretary was then relating to the case.

with shooting at Bergeant Harris Mr Potter then cited several in an attempt to evade-arrest-was- us that no action was to be taken that matter and this morning instructed to furnish the South

have seen Captain Haywood who China and the Eastern Athletic cases in support of his argument concluded at Central Magistracy on that letter until Mr. Mok had has asked me to see Colonel Blaville, Association with the list of names after which he went on to the ques yesterday, when Mr. R. 1. Wyone seen me again. That was way and the latter has asked me to say of those attending the meeting,

consents in writing, Jones committed the defendant to

were again the next Criminal Sessions. did not send those letters officially that he had authority of His Ex- The Council also deliberated on Many points of law

collatioy the General Officer Com the advisibility of obtaining legal brought up and it was not untilAt the close of the evidence for manding that the Military Clubs information as "to the correct 4.35 p.m. that Mr. Potter intimat the prosecution, the defendant, this morning, because Mr. Mok affiliated with this Association have interpretation of the rule which has ed that he had, completed his ad after being cautioned, was asked Hing did not come back until yes not made any secret agreement or been raised. The opinion desired dream. * Picka om if he wished to make any statement terday, (although he had severa! come to any secret understanding was whether members of the Coun The Court then adjourned untat or call any witnesses. He said be interviews with me), when he ex with any Club or Association ip cil, who were not representative of 10a.m. to-day when Mr. Bheldon did not wish to say anything or pressed the desirs that the letter -(Continued on next-coluna.) afiliated clubs, be entitled to vote. will deliver his address.

call any evidence,

this Council will continue to work fit. At present there is no protest Mr. Mok Hing has pointed out in the best interests of soccer, That is all I want to say.

to me that although they say in Hon. Mr. R. H. Kotewall, on the letter that have not forally being called upon to introduce the made that protest it is their inten matter, said: When I received this tion to do so if they are not satin- letter from Mr. Mok Hing on the fed with the information which we ---18th, he called-on-no-tugerner with will furnish them. I for one wish to farnish them with that informa Mr. Wong Kam Ying, a representa tion.

to the Honorary Secretary until

tion of

Banking Facilities,

sidence. It was stated to have contained money, a passport and important private papers, the loss being placed at 8185.

!

CHINESE COMMITTED TO CRIMINAL SESSIONS.

LAST WEEK

OF

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