1935-11-05 — Page 3

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HONG KONG DAILY PRESS, TUESDAY; NOVEMBER 5, 1935.

WHEN MARRIAGE IS UNLAWFUL

Capacity Of The Parties Under Judgment

"It is hopeless, for me to go an is stated to have been a Russian unless she is sixteen years of age " by birth. She was subject to the This statement was made by Mr. Jurisdiction of the Chinese Courts H" A Reeks in HM. Supreme in Chine. Article 080 of the Court on October 29th to Judge Chinese Civil Code lays down: 'A A. G. Mossop, who had pointed our man who has no completed his so Mr. Reeks that if the petition- eighteenth year of age and, a wo- er. Claudia Vladimirovna Abbas, man her sixteen year of age `may

conclude was born on December 24, 1918. | not

â 'marriage.' the and married the respondent on Article does not make such a mar- May 7, 1034, as stated in her ruge vold, but says it may not be plendings, then at the time of her precluded." marriage she was under sixteer years of age.

IL

"Article 989 provides that where a marriage is concluded contrary

In her petition, the petitioner to the provision of 'Article 980 the asked for a judicial separation party concerned may apply to the from her lawfuly married hus-court for its annulment," band, John Abbass," on the ground of cruel.y. The respondent, repre sented by Mr. Ranald McDonald, in answer to the petition, said that he was not lawfully married in the petitioner and asked that her petition be rejected and that a decree be made that the alleged marriage was null and vold,

BRITISH EXPORTS UP

Increase Of £22,747,935

(Special Air Mail Service)

British exports in the first nine months of this year showed an in- crease of £ 22,747,995 · over the same period of 1934, according to Board of Trade returns issued to- day.

Imports were £2,582,505 more than in the first nine months of 1934. Re-exports increased by £879,908.

Compared with the returns for the first nine months of 1933, the increases are: "Imports

...... 51,848,609 Exports

£43,379,882 Re-exports... £ 3.391.498 Returng for September this year show imports valued at £60,330,- 697, exports £34,098,265 and re- exports £3,810,838,

is because the marriage as far as John Abbass is concerned was vola

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An ostrich escaped from a private. zoo and was captured in a grocer's "shop. To the annoyance of the

burying its head in the sugar.

"

Canton Nov. 3. The United States was urged to take a greater interest in the Far "Here's a letter from Dunleigh East and to increase trade activi- asking us to send him part of ties in China, when Mr. George H. what's due, and enclosing a stamp Dern, United States Secretary of for a reply. What shall I do about War, met Mr. Halão Fu Chen here · it?”

THE OTHER SIDE "But." his Lordship continued, The month's figures show a de- "there is another side to the pic- crease in exports of £790,000 and ture. The law which governs the an increase of imports of £1,885,- respondent John Abbass is the law | 000, compared with the August of England as applied in this court. | Agures but compared with Sep- By an English statute, the Age of tember last year exports are Marriage Act, 1929, a marriage be- £141,017 up and imports £2,917,- Lween persons either of whom is 362 up. In his reply Aled to the petition under the age of sixteen shall be the respondent admitted, however, vold. Also under English law it is that he had gone through a re- a criminal offence for a man in ligious ceremony in the St. Nicolas have carnal knowledge of a female and, as far as she is concerned (From Our Special Correspondent) proprietor, the bird insisted on Russian Orthodox Church, Shang-junder the age of sixteen. So that was a .prohibited marriage and hal, purporting to be a marriage the only question is whether the voidable, that I have no alterna- with the petitioner.

provisions of this act are applie- tive but to dismiss the petition," " able to the marriage of. British "As regards the question of costs subjects in China. I confess that I have to exercise my discretion. I can see no reason whatever why I do not know the facts of the that provision should not be ap- case other than the facts disclosed plied to British subjects in this in the pleadings, but, I do know last week, it was revealed to-day. "Send him the stamp on ac- country under the Order-in-that the petitioner admits having! Mr. Dern was "favourably im- count.”

gone through a ceremony of mar-pressed by Mr. Hsiao's suggestion riage with the respondent. It is and undertook to submit it to difficult to avoid the feeling that. President Franklin D. Roosevelt at Great -Britain and the United to some extent, he has only got the earliest opportunity. It

States. Reports in the Tung Fong himself to thank for the position also divulged that Mr. Hsiao also Po, a Chinese dally in Hong Kong, and Tan Hol Teng, a semi-weekly in which he finds himself. The complained against the silver po- petitioner is not subject to the lcy of the American Government | published in the Colony, stating jurisdiction. of, this court and I do and urged its cancellation in the

that Mr. Hsiao is pro-Japanese 'are not feel, in the circumstances. interest of Sino-American friend-

branded as groundless. that I would be doing the right ship. Also Mr. Hsiao desired more The Provincial Government here thing by making her guardian pay American trade in this part of the have instructed its solicitors in the costs of the case."

"country.

Hong Kong to bring action against ́ “Accordingly," he concluded. Bauth-west leaders have been these two vernacular papers, which "there will be no order costs."

as to advocating closer relations with published unfounded news COO- the Western powers particularly cerning the Canton regime

Council

After hearing both petition and answer filed to it read out by Mr. Recks, his Lordship said it was first. necessary to show that the pet tioner was lawfully married to the respondent on May 7, 1934.

He then drew the attenslar of Mr. Reeks to the fact that the pet- "The petitioner has, under the tioner, according to fled particu-order of this court, filled particu- lars, was under 18 years of age attars of her case and the first ques- the time of her marriage.

Mr. tion that was asked of her with Reeks intimated that it was at regard to baragraph one on the error and actually the petitioner pétition was 'What was the date of was sixteen years and five months your birth? She has Oled the old at the date of her marriage particulars in which she says the to the respondent. He suggested date of her birth was December that the petition be amended.

24, 1918. That is supported by au affidavit "

His Lordship pointed out that the object of particulars was to tle the facts of the case down. He said he must be satisfied or shown authority for changing the pari- culars in this case. Counsel. after due consideration, said the case must fall as the particulars show. ed the petitioner under sixteen years of age. ..

CASE SUMMED UP

Summing up the whole hearing his Lordship said:

де

"This is a suit for judicial sp. paration instliated by the petition, Claudia Vladimirovna Abbass. against the respondent. Joha Abbass. The ground on which the

etitioner claims a Judicial" paration is cruelty, but the reapon- dent in the case, in addition to denying cruelty, dentes that the petitioner is now or ever was his legal wife. Paragraph one ni "the petition states 38 follows: 'Your petitioner was on May 7 1934, at the age of sixteen legally married to John Abbass in Et Nicolas Church in Shanghar *

St.

*The defendant's answer is as follows: 'The petitioner was not ou May 7, 1934 or at all lawfully married to the respondent in St Nicolas Church in Shanghai or at all. The respondent admits that on May 20, 1934; he went through a religious ceremony purporting to be a marriage with the petitioner in the St. Nicolas Russian Ortho- dox Church, Bhanghal. The said Nicolas Russian Orthodox Church is a Russian Institution. The respondent is a Protestant Christian and a British subject","

"There is therefore in this case a direct issue as to the validity of the marriage. Now under our laws a marriage to be valid must con- form. to certain" requirements. Firstly the parties to the marriage must have the capacity to marry, That capacity is governed by the law of the domicile of each party. Secondly, the manner of carrying out the ceremony, must conform to certain requirements of the law." u A WARNING GIVEN His Lordship said that in this case he was for the moment only concerned with the first of the two points, namely the capacity of the parties. It followed, therefore, that anything he had to дат should not be interpreted to mean thát a British Court would neces- sarily hold a ceremony of mar- riage celebrated in Bt. Nicolas Church in Shanghai not to be a perfectly good marriage. His Lordship said bé was not concern- ed with that point àrid he did not want any misunderstanding about Ita

Continuing his Lordship sald:) "Now regarding the question of the capacity of the parties this is governed by the law of the domi- cile of each party. The petitioner

"On the face at her pleadings. therefore, she was on May 7, 1934, aged fifteen years and 134 days. It

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