1933-08-11 — Page 7

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MONEY-LENDER'S CLAIM FOR DAMAGES

PLAINTIFF'S WITNESS SEVERELY CROSS-EXAMINED BY MR.

L

F. C. JENKIN

ANXIETY OF MONEYLENDERS”

ASSOCIATION DISCLOSED

That the Money-lenders' Association was keenly in terested in the departure of Hazara Singh from the Colony in November last was suggested by Mr. Jenkin, K.C., to Bhag Singh, a witness called for the plaintiff in the case in which Hazara Singh is claiming from one Sawan over $30,000 representing" damages and other items in connection with his arrest and subsequent detention in custody.

Plaintiff's witness admitted that six days after Hazara Singh had left the Colony, the Indian Money-lenders' Asso- ciation called a special meeting at which several resolutions were passed.

It was also suggested by Mr. Jenkin that the proceedings against Hazara Singh were really by the Association and that Sawan's name was used merely because the promissory note made by the plaintiff to the bisi 'from which he last "drew a pool was in Sawan's name,

PRIVATE WIRES TO AND FROM

SHANGHAI

The case was heard before the Did any other person present Arting Chief Justice, (Mr. J. R.have anything to do with the mat Wood) & a jury.

ter-We were all of the opinion Mr. Duncan MacNeill, & Mr. Leo that he should be set free. D'Almada, jnr., instructed by Mr.

J. M. D'Almada Remedios, appear ed for the plaintiff, and Mr. F. C.

Mr.

Bial Custom

Jenkin, K.C., instructed by Marsasked if it was not "La and Lo for the defence.

HONG KONG DAILY PRESS, FRIDAY, AUGUST 11, 1933

ROBBING WITH VIOLENCE

CHINESE MERCHANT

ATTACKED IN HIS OFFICE

Charges of robbing with violence were preferred against Tsang Wai, alias Chan Oá, "álias Tsang On, at Central Magistracy yesterday, Mr. Schofield taking the case. De tective-Inspector O'Donovan proses cuted, and, outlining the cass, he said that the complainant, Chan | Cheung Chuen was the managing partner of the Wa Fung Tai rice firm of 91, Connaught Road West. "In addition to carrying on a rice business, the complainant was also the remittance agent for the Ewing Fung Tai native bank in Taishan. The defendant was. & native of Taishan, "and on two or three oc casions, he had had money remitted to the country through the Kwɔng Fung Tai..

41

Inspector O'Donovan went on to say that on April 6, the defendant. in the company of another man went to the shop and produced a remittance order for $10 and asked for payment.. The complainant took the man upstairs, and on find- ing, the order to be correct, he was about to open the safe to get the money when he was attacked from behind and thrown to the ground. He was then early strangled with a towel, while two handkerchiefs were put into his mouth. The com- plainant then lost consciousness and when he came round, he found that the two men had gone.

"Complinant struggled to the bell and summoned his fokie," said the officer," and when an ex amination was made of the safe, it was found that 835 in Hong Kong currency had been stolen,"

tion received

After evidence had been taken, the case was adjourned till this af

Jankin (cross-examining) | ternoon.

fact that whenever a member of a bizi drew

The Government's Big Development Scheme

Governor's Residence: City Hall And Government Offices

PROJECT THAT SHOULD PAY ITS OWN WAY

Extensive schemes for the development of Government land in the centre of the City have been approved by the Secretary of State for the Colonies, and while final de- tails have yet to be settled preliminary work is likely to start within a year.

Financially it is hoped to make the scheme self sup- porting and a distinct item in the Colony's finances.

The scheme involves among other things

1. The building of a new Government House.

2. New Government Buildings, roughly on the present

site, with Council Chamber.

3. A new City Hall, centrally situated.

4. The opening up of new sites for residential and

office purposes.

Government House

Government Offices

Two sites have been suggested. A big building of a design in In Magazine Gap Road on the keeping with the dignity and im- site occupied by the old naval

portance of the Colony, and har- sanitorium, With the building of monising with the new develop a new road this site would be, by ments of the Central district is. from Queen's Pier. The positionment offices are on a very modest motor, about twelve minutes drive contemplated. Our present Govern- is high enough to be cool in summer scale, and Hong Kong is a long and residents in the neighbourhood way behind most places of its size deny that there is any special in this matter. trouble with mosquitoes and, in fact, have "no complaints."

Inspector O'Donovan went on to As & second site the Botanic say the robbers made good their Gardens has been suggested. A view July 25, when the defendant was this residence should be in addi- escapo and nothing happened till held in not a few quarters is that arrested in Yaumati, upon information to that at Magazine Gap. The idea of using this site at all will cause some surprise as these pretty and well-kept gardens are a popular resort both for European children and the Chinese popular tion in the neighbourhood. Some were suggested for a British School, years ago part of these "grounds but Government circles were averse to taking any section of the gardens from the public and the project was dropped without being opened to public discussion. would be interesting to know what value people to day place on the Botanic Gardens

Continuing his cross-examination bis share, he was made to sign a plaintiff was in Sawan'e favourt of the plaintiff when the easer promissory note in favour of sumed, Mr. Jenkin asked: Did you

one of the members of the biri who I don't know anything about that. have a number of Summary Court had not drawn his share-Witness chime against borrowers pending agreed. when you went away--1 don't re- member. I made up my mind sud- denly to go to Amoy to collect my

debts.

J

Witness corrected his statement afterwards by saying there was, on! case pending.

IN

done

Can the holder of an

undrawn

Let's see. On November 15, when you heard that the plaintif bad gone away you went to his place sory note in his name?-Yes, there share have more than one promisat 7 On Lan Lane and you met

certain people there?—Yes. might be five or six promissory notes made in one person's name.

The underlying principal is that the undrawn member who is entitled at some time or other to draw the pool, will be secured by the promis sory note-Yes.

I put it to you that on that date $300 was subscribed and that you put up 830 of it -No sir.

And that money was for the purpose of instructing a solicitor, who happened in this case to be Messrs. Ruse and Co., to advise on the matter of the plaintiff leav- ing the Colony ----No.”

Mr. Jenkin: Did you leave any Lody to look after your interest is that matter?-I would have so, but I forgot about it.

And as a result of that forget:note in favour of a member, although And the making of a promissory fulness your claim was struck out the money belongs to the nasocia -I suppose so."

tion, is in order that the person named in the promissory note may sue for the value of the note in the event of default ?—Yes. -

In regard to the plaintiff's last go at all.

Mr. Jenkin then asked witness "about the money he owed when be left Hongkong, mentioning several names including that of the Kow loon Indian Money Lenders' Asso-drawing for which the promissory ciation.

note was made out in favour of Sawan. Do you agree with me that the proper way to regard that note was to look at it as if the money was owing to Sawan?—Yes.

M

Answering further questions wit ness said he did not speak with Latif Khan who had gone up to "Shanghai to identify him, on the * question of plaintiff's departure

from Hongkong.

31

The defendant, Sawan, was not present at 7 On Lan Street 1-No.

I put it to you that you went up to the Magistracy when the in- formation was awom-I did not

Bawaz's Name Used.

Lendera knew that these proceed I put it to you that you Money ings were on your behalf and that

be-

you used Sawan's name was The address on the promissory cause the last promissory note note was that of Sawan and not signed by the absconding man was Re-examined by Mr. D'Almada, of the Association f-Yes.

signed in his favour -I did not witness said that the reason why he Answering another question, know anything about that when had not paid any further subscrip-witness said he was certain that tions to the binis since November the plaintiff's departure frum was because since that time no sub Hong Kong was temporary and scription has been paid by anyone. bona fide.

Mr. D'Almacia: Why is that? Witness: The bisis have stopped The next witness called was Bhaz Singh who said he had known the plaintiff for fifteen years. Witness said he had been a member of the bisis for fifteen years and proceed. ed to give evidence of what hap pened at the drawing on November

10%

Mr. D'Almada When did you know, that, the defendant was not in Hongkong-November, 15.".

At that time of how many basis

26.

were you a member About 25 ur What is your opinion of Hazara Singh's standing 1-Good.

His Lordship: His financial standing That was also goid,

It

It may be asked, "What is wrong with the present Govern- ment House, which is to be pull- ed down, and particularly with its charming and old world' grounds."

the information was sworn.

Shanghai in connection with this.

Did you send any telegram to

matter before Hasara came back i and an original subscriber of the Kikabhoy asked me if I knew any Mr. Jenkin: You are a member-I did not send any telegram, aut Hong Kong Moneylenders' Associa body in Shanghai. tion 1-Yos.

Six days after the plaintiff left the Colony, there was a general special meeting at which you were present 7-Ye

And certain

Terim

And you gave him the name of an Indian officer in the Shanghai Police 1-Xes.

You don't know what happened after you; gave him that informa resolution's were tion-Yan, dideatand that he tele then passed!-Some discussion took graphed Shanghai and received a place.

reply. And certain decisions were ar These cables were for the pur rived at?There might have been, pose of ascertaining

whether November 96 when thess minutes

You attended a meeting on Hazara Singh had been arrested were read and signed-Yes.

Absconded!

The answers are as follow:- 1.It is old, and the repairs bill

la extremely high. 2--The accommodation, especial,

The details and exact site have not yet been finally settled, but- grobably, among other things a new stretch of roadway will be neces Military authorities still consider sary. We understand that the it essential that they should retain the Murray Parade Ground, and the Admiralty are equally averse to surrendering the picturesque site to the West of the cricket ground where the Commodore's offices and adjacent buildings stand.

City Hall

It is proposed to provide a City Hall, conveniently and centrally situated, but quite distinct from. the Government offices.

The idea is that a big city needs hall where meetings and concerts, etc, may be beld, and for the many purposes to which such places are generally put

Probably a certain number "of Government House functions, such as the King's Birthday Reception, the University Court dinner, and the Unofficial Magistrates dinner, would be held there.

A library and possibly a theatre might also be included in the build. ly the bedroom accommoda-ing, but not, according to the tion is most inadequate. present proposal, any government 3-The site is noisy and likely offices.

to be increasingly so. 4.-It necessitates L second

Finance summer residence-Mountain Lodge an inaccessible and inconvenient house, also in by no means a good state of re- pair. 5.The scheme for a new and

adequate block of Government, offices involves encroaching very considerably on Govern- ment House grounds. The site is a valuable one, and what is not used for Government purposes would fetch a large purchase price.

SOLICITORS AND COSTS

LORD CHIEF JUSTICE'S

WARNING

With the sale of part of the City all site to the Hong Kong and Shanghai Banking Corporation, and of the rest of the site to any other suitable, purchaser, in addi tion to the sale of other land of very great value, it is hoped that scheme will not merely be self- supporting but actually show a profit. This, in addition to pro- viding a great deal of work and business locally, and adding to Do small degree to the dignity and beauty of the Colony.

STRANGE FUNERAL CUSTOMS SURVIVALS OF ANCIENT SUPERSTITION

ن من الا ان الامة

London-The Lord Chief Justice customs were recalled by Mr.A.. The origins of certain funeral (Lord Howart) made the following Mounsfield, in an address to a con- statement in the King's Bench Divi-ference of the National Associa sion.

tion of Cemetery and Crématorium

in Shanghai Lodontow Court, require that, in all actions tion of Cremation Authorities, The Rules of the Supreme, Superintendents and the Federa was told that the reply stated for damages brought on behalf of which met in London 20 that Hazate, Bingh had not been seen at Shanghai.

an infant or person of unsound | Explaining why people return from Fumerals by a dinerent way from that of the first journey, he said that this was done to outwit ghosts, verim, jaagar 34 body was carried out of a house feet first in case it saw its home. and found its way back.

In some Chabire village a cortege still went three times round the village cross to confuse the spirit. The darkening, of rooms, the re-

I put it to you that your pre-mind, the costs of the plaintiff both At that meeting, I put it to you tended belief in this man in 2s between party and party, and as Mr. D'Almada: Do you consider that it was unanimously decided rubbish and that you were most between, solicitor, and client, shall him a first, second or third class that, Hazara Singh had run away active in finding out his where be taxed and certified by the Tax money lender --Second,

You know that Police Court pro- sums of money intending to de

from the Colony owing large | abouts!-No sizad

ing Master, and no coste other than I put it to you on November 22, those so certifield are payable to ceedings were taken against Hazara fraud. the lot of you-It was you wired up to this Police Off the solicitor for the plaintiff. Singh last December Yes,› Bin

Did you have anything to do with passed but I did not vote in favour car and asked if the plaintiff hadl as been arrested or not -No, I did it? I' belbed to bail him out. It was unanimously passed that not wire, at all, I was asked for

the transfer of the notes to Ganga the address; that was all. Singh was fraudulent 1-YOE Did you not ask why the address or by an Order staying proceedings ! petition of a three-fold formula at

was wanted 1-I did...

upon the terms of a settlement out the graveside the covering over of Mr. Joakin at this stage handed of Court

mirrors and bright objects, were all survivals of ancient superstitions, Mr. Mounsfield declared, af

It was stated in the Police Court that you were in company with Bawah when he laid this informa- tion? No sir.

11

Did you ever go in company of Sawan to see anyone in regard to this case -No.:

Were you ever asked by Sawan to join in any discussion in con- nection with this case 7-Yes...

of it.

And here is another interesting thing. Most of you men had been at one time or another guarantors of Hatara Singh on his promissory notes to these "bíris 1—Yes."

And so satisfied were all of you that this man had absconded and defrauded you all that it was on

These provisions apply equally whether damages are, recovered by B verdict and judgment after trial

a telegram up to His Lordship, In either case there is a direc. who, after reading it handed it to tion by the Court that the costs of thewitness and asked: Did you the plaintiff, both a between party some of our funeral habits have "In Britain," he continued, receive this reply y

and party and as between solicitor Witness: The telegram might and client, are to be taxed, and it been very much in the nature of in have been addressed to me but I is the duty of the solicitors on both disguise I remember my grand- When was that In December animously passed that all the did not receive it as it was de sides to see that the direction is father going to a funeral with a hat last year, after Hazara Singh had guarantors should be released from livered at the Saifee Store complied with

(bänd that, went, five times round his returned from Shanghai: The con- their guarantee or should be given On November 23, you heard that

The rotation to death is fehr Store and there were several persons upon to do anything!--Y88. was leaving by the President Jemade for the protection of infants and mourners dingen themselves present and we discussed the ad The institution of proceedings forson Year gel and persons if unsound mind, and in order that the spirit should not visibility of withdrawal the police against the plaintif was not by You heard that if cable drom are imperative du juben anul recognise them highời con i po god court proceedings against plaintiff Sawan but by the Money Lenders Lafill Khan who had gone up to It is important (that it should G. F. MoDonald, of Birming. as we stood to gain nothing if he Assocističu and his name was used identify the tenendous gidius he known that if they are deli- tam in advocating cremation, said, was convicted. › It was defendant because it happened that the TM D'Altomli bfiery recruiting berately chacbered, the solicitors re- It will soon be paganistic toɔ put who spoke about that and he said promissory note signed by the ed the witness after which thesponsible are liable to be dealt with | men in boxes and bury them in the that be wanted to see his solicitoz (Continued on next column), case was adjourned until Monday for contempt of Court."

earth.

versation took place at the Baifee six-months - before being called the plaintiff had been arrested and The Rules and the direction hat and hung down to his wails|

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