1935-12-20 — Page 11

HONG KONG DAILY PRESS, FRIDAY, DECEMBER 20, 1935.

BONHAM STRAND MORTGAGE CASE ECHO

FINDINGS OF THE PRIVY COUNCIL

Local Appeal Court's

Judgment

"

Upheld

The extraordinary case in regard to the disposal of a house for the sum of $70,000, which, after a protracted hearing, came before the full Court of Appeal on March 26, 1934, and sub- sequently sent before the Privy Council, has now come to an end.

most peculiar and in a large measure judg- The case WILD ment was arrived at dependent on its very peculiar circumstan-

ces:

In The Fail Court of Appeal before the Chief Justice, then Mr. A. Dị A. MacGregor, and the Paland Judge, Mr. R. E. Lind- sell, the appeal case was based on a point of law and on point of fact against the judgment of Mr. Justice J. R. Wood -retired).

(now

Appellant was L The Shi, widow, agnunistru of the estate of Ll Woon Nam, who died in 1925. Respondent was Pong Tsol Ching, in whose favour the final judgment respecting the pro- perty was made.

Mr. II. G. Sheldon and Mr. Lea d'Almada. Jnr, Instructed by Mr. M. H. Lo wers for the appellants. Mr. Eldon Potter, K.C. and Mr. F. C. Jenkin, K.O., instructed by Messts. Hastings and Company, were for the respondents.

Privy Council Judgment

Judgment given by Mr. Justice Wood was upheld in the Full Court of Appeal. Not satisfied with that. "appellant brought the case before the Privy Council and who in its

turn upheld the judgment of the

Ful: Court of Appeal

The text of the judgment as handed down by the Privy Coun- cll read:-

This is a very peculiar case, de- pending in arge measure on its very peculiar circumstances, which must first be stated.

TOOK THE SAME VIEW

miser as a purchaser for value from Woon Nam. The title of Yan Pun as against the appellant ; was accordingly complete and va- Nd. It follows that as against her the title of the respondent is equally unimpeachable.

NO ESTOPPEL

It was argued, however, that no estoppel grounded on any repre- sentation made by the appellant before she took out letters of ad- ministration could bind her as administratrix; and certain auth- orities were cited in support of thad proposition. Whatever, the true position might have been had she been suing to recover the pre- mises, for the beneft of persons other than herself, the

present Her hus- case.

case is not that band has been dead many years: there is no suggestion of any out- standing debts for the payment o. which the premises have to be realised. or indeed o any out- sanding debts.at all: provision

een made by security for the payment of the estate duty; the only person concerned in the re- covery of the premises, or inter- ested in asserting the falsity of her representations, is the appel- lant herself. In these circum- stances. their Lordships feel no doubt that she is effectually bound by estoppel.

די

APPEAL FAILS,

Wis urther suggested that Yan Pun was in some way affected with notice of the lack of

Li Kai Lay from the absence of the title deeds, and from the fact that, as appears from the evid ence. Yan Pan was warned that he fan some risk in lending money The trial Judge found that "on-on mortgage of property without temperanous knowledge of the obtaining the title deeds. The risk impersonation" of Li Woon Nam which he ran, was the risk of had been brought home to the some adverse tile being or having appellant. The full Court on ap- been established, which originated peal having had the advantage of in a deposit, of those deeds, with some further evidence, took the same third party for valuable con- same view. From these concur- sideration. This was a risk which rent findings their Lordships see "hu might run if he chose, and one no reason to dissent. The case the existence of which in no way falls to be decided accordingly up-suggested ar impiled any faw in on the footing that the appellant the title disclosed by the entries in (who was by virtue of her hus- the register. He was. their Lord One, Li Woon Nam, died on the band's will and "possession of the ships think, entitled in the cir- 10th April, 1925, leaving his widow, tie deeds

command

of cumstances to rely on the statu- 1 Tse Shi (the appellant), and the situation), procured the pre- tory declaration, which was enter- an adopted son, Li Kai Loy, him mises to be apparently conveyeded on the register, as a true ex- surviving. Ee was the owner of a into the name of LI Kai Loy, as on planation of the reason why the Crown lease at certain premises a sale to him by Li Woon Nam, and title deeds were not forthcoming. thereinafter referred to as the pre- entries to be made in the Hong and also if he thought it to run Indicated above. That mises), 73, Banham Strand West, Kong Land Registry, representing the risk situate at Victoria in the colony that Li Woon Nam had, on the risk did not in fact mature, for of Hong Kong, which he had ac 24th March, 1930, sold and con- the appellant's claim is not found- quired from cae Ng Yu Hon by an veyed the premises to Li Kal Loyed on possession of the title deeds the reasons appearing assignment dated the 11th Octo-in consideration of a price of $70,-

herein their Lordships are of ber, 1924 His name appeared at 000.00. his death as such owner in the

NOTHING PASSED

ppinion that this appeal falls and Hong Kong Land Registry, the pre- It is to be observed that the ac- should be dismissed; and they will mises being then in the occupa- tion is based upon the view that humbly advise His Majesty accor- tion of the said Ng Yu Hon as sub-nothing passed by the assignment dingly. The appellant must pay

the costs of this appeal

lessee.

B

to L Kai Loy, and that according

1

For

LEAGUE COUNCIL

By his will the premises, to-ly nothing passed by the mort- - - gether with other property, were age to Yan Pun, or by the as- the respondent. 1 bequeathed absolutely to the ap-signment, to pellant. As will appear, "no legal appears to their Lordships that personal representative of the tex- the question which cals for de- [Special tator was appointed unt some cision at the outset, is the question In the whether the mortgage, to Yan, Pun years after his death. meantirng a strange transaction was effectual as against the ap- had taken place.

INDENTURE SIGNED

him as mortgagee. If it was, no

the

argu-

MEETING

take

that

any

MALARIA IN SINGAPORE

MYSTERY MOSQUITO RAVAGING SWAMP AREAS

Many Victims Already

"

NEW ITALY'S ENERGY

Il Duce Speaks

[Special to the "Hong Kong Daily Press” (Copyright))

祉

Rome. Dec 18.

Signor Mussolini Inaugurated on Wednesday the new town of Pan¬ tinis, which is the third settle-

ment to be established in the midst of what only a few years ago were mosquitoes infested swamps,

Standing before the new town hall, II Duce accepted gold offered by bettlers on this "Day of Bacri- Ace." In deep emotion, which in

times Singapore, Dec. 12. Singapore is threatened with a malaria epidemic folowing the discovery by local health authori- ties that the mystery mosquito, the Ludlowi, which is breeding in huge numbers in

Geylang Basin, Kallang and Katong swamp areas, has again become a carrier of malaria.

the

Many Singapore realdents have already become victims of the Lud- low, and the incidence of malaria in the vicinity of the breeding grounds has become disquieting, Many Europeans are among the malaria sufferers.

accom-

threatened to overwhelm him, Mussolini then delivered his speech the course of which he said "what Fascism has plished within the last few years by draining the Pontinia swamps and founding three new muntties, affords eloquent proof of the new Italy's energy and the efficiency of the Blackshirts re- volution."

com-

TO THE BITTER END The Italian people will be able to resist à long siege because they know that right is on their side. The war which began in Africa, Is the last of'civilization war of an A grave feature of the spread of allen nation which has recognised malaria by the Ludlowi is that in that this war la its own war, and is previous years when it has revived

a war of the poor and proletarians. its carrying propensities, serious Against this front we are conduct- outbreaks have occurred on Singa- | ing a struggle, which is hard and pore Island. According to the an- must be fought to the bliter end. nual report of the Chief Munlel- A nation of 44 million souls willi pal Health Officer, Dr. P. B. Hun-not let itself be duped. ter, it became a carrier at Seletar in 1932 and 2,500 of 4,000 cooles employed at the Naval Base cun→ tracted malaria..

With its unanimous consent the Government will continue to pre- sent a well defined course. We can- not and shall not act diferently. Every body must do his share in this trial of strength because it will be the Italian nations supreme

Although anti-malaria mixture is being sprayed on the breeding areas, the Ludlowi does not appear to be in check. One theory is that | test. Will we emerge victoriously drainage, water, and ground dis- from this trial of strength? It will turbance caused by the new civil take time, but where the battle in aerodrome works, has stirred this

in progress It is not time but ul-

mate victory which counts.”

mosquito into fresh activity as a

malaria carrier. ?

THE REAL LUDLOWI Dr. Hunter admitted in his re-

port that health authorities are perplexed by the Ludlowi

"The more we study this parti- cular anopheline, the less we seem to know," he say "I feel that very class expert study of its bino- mics would amply repay us. The most recent information which have is that the mosquito which we have always looked on as Lud- low is not the one originaly de Bcribed by that name, or it may be several varieties, of that species.

"That we have a mosquito of this species which breeds freely in Singapore and which transits ma- larta is certain. But why at one time it should be a facile car- rier or matarla lhd is other times appear to be negligible "in that

IS IT A REPLY TO PEACE? The Duce's words were received with, a thunderous roar of accla- mation. Politicsť circles here are Inclined to interpret his speech as

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FIGHT FOR PEACE

Cold Reception Of Proposals

Queen's Building.

ROME WAR" REPORT

[Special to the “Hong Kong Daly Press" (Copyright):|:|

Rome, Dec, 1.

The battle which began on Sun day night between Maltinchet and Dembeguina concluded on Tues- day according to the offcini War Bulletin No. 74, issued here 02. [Special to the "Hong Kong Bally Tuesday. Italian, troops, It la stat-

Press" (Copyright), i

ed attacked Abyssinian forces which were attempting an encir cling operation near Demibeguina Pass, and rioted them after bit- ter hand-to-hand fighting!

Geneva, 'Dec. 18.. In the opening round of the fight for peace" as the League's discussion of the Paris Peace Plans has been termed here, Mr. An- thony Eden went as far as he could to disclaim British interest

The

enemy

losses, actually counted; amount to 500 dead, Ita lian casualties being seven officers, and 20 non-cominissoned officers

a reply to the Franco-British peace in the fate of the Franco-Brition and soldiera of the home troops

formula and it is assumed that the Fascist Grand Council which meets en Wednesday at 10 am, will con- tent itself with string its approval to this declaration in the form of a resolution. Transocean Kue Min

GERMAN PROTEST TO BELGIUM

Government's unhappy offspring killed, two officers and two soldiers

After a secret session lasting only a few minutes the public session wounded, while the Askaris lost 48 corporals, 127 privates in ad- was commenced at 3.30 p.m.dition to 25 wounded. President, the Argentine repTO-

Air planes bombed the enemy sentative, Ruiz Quinasu, as well- columns weat of Makale with suc- as the other delegates began by cess. Submission continues of the recording their appreciation of

head man of Degiac, and Cassa Benes' election as President of Bebat, to the headquarters of the

Czechoslovakia,

The Abyɛɛnian

delegate Wolde Maraim was then invited to take a place at the Council Table, and the President Special to the “Hong Kong Dally called on Mr. Eden to speak.

Press" (Copyright).]

Brussels, Dec in The German Charge d'Affairs

respect I won't pretend to ex-formally and sharply protested to plain.

He says that it is strangely re-

back to the days when mosquitoes were looked of merely as annoying gnats and the fever was due to vapours emanating from newly turned" ground.

the Belgian Government against the expulsion of four German born

The Charge d'Amairs pointed our

German

Government.|

1

BRITAIN'S PART

Danakil troops in Ashi...

In Somaliland the organisation of the newly occupied places, has been carried out and a new seat of administration for the Ogaden tribes has been established at Bue- let. Similar measures are being 'taken in the other districts where

JAPAN AND SOVIET

More Border Trouble Feared.

Dairen, Dec. 18

Should it be found that these the belief of observers that they

THE OBJECT - Eden recalled that in November ference, besides deciding the mean- the chiefs have made their sub- the sanctions committed in re-

to the "Hong Kong Daily

NAVAL HASE FEARS

zures ta be taken against Italy. mission.-- Press" (Copyright).]

"What I have observed in my inhabitants of the former German also reviewed the possibilities of Transocean" Kuo "Min. Geneva, Dec. 18. experience of qutbreaks of malaria supen-Malmedy district, who peaceful settlement of the dis-. It is understood that the League associated with that particular by the verdict of Leige Appellate pute, and rally approved on the pellant to vest the premises in Council will meet on Thursday mosquito is that the phenomenon Court had last October been - Belgian Premier's suggestion that

forenoon iri secret session attack can be effectively made on hold another #public. sitting ciated with some, change in, or rights" and were recently expelled deavour to find a basis for dis- On the 24th March, 1930, an in- the respondent's title. He can be

and seems in some way to be asso-prived of their Belgian citizen England and France should en- denture was signed scaled and de-in no worse case than the mort on Thursday afternoon, but disturbance of, its breeding ground. from Belgium

cussion between the two ODDOLL the decisive meeting wit not

"The experience at the Naval

ente which however must be ac- livered, purporting to be an as-gagee. If any invalid ty" existed 'ri signment on sale or the premises the title by Li Woon Nam to L Kal Loy, in tile of the respondent might conawalt the outcome of the frucial an outbreak at the aerodrome, and by the

Base rather confirms this. Hence that the expuson had been de- ceptable both tn, and approved by of the mortgagee, the place before, Friday, since

decision by the Courel must

my fear too, of the possibility of greed despite representations made the League of Nations. consideration of a sum of 70,100 | celvably a better one. This

be

They had been obliged therefore

The arrival, yesterday and to- dollars paid by Id Kai Loy to Id position is recognised by the ap-debate in the House of Commons

the consequent need for extra against the Belgian expatriation to make an attempt to carry out day of transports from Japan. Woon Nam, the receipt of which pellant, who in her pleadings, by Thursday.

vigliance."

law of July 13, 1834 as well as the difficult task and even if the laden with troops whe immediate- Li Woon Nam duly acknowledged. the reply, alleged actual or con-

It is generally anticipated that

Interesting comment on Dr. against the proceedings instituted attempt falled, significance of ly proceeded northwards in eight The sole witness to this document structive notice by the respondent after Mr. Eden had virtually in Hunter's theory that the Ludlowi under the provision of the law their endeavour to bring about a special trains, has aroused corist-

vited their rejection, the Paris

conciliation would remain. More-derable speculation in view of the was a partner in a firm of solici- of infirmity of title; but it was Proposals will be defintely shel-ly becomes dangerous when against the four German born tors known as Deacons. His good properly conceded at

over the Paris Proposals had not announcement by the Manchukdo there is some disturbance of its Belgian citizen.- ved and that the Council will

been submitted with the idea they Foreign Office that legal trespass- faith is in no way impugned. Iment before the Board, that, if

should be rigidly maintained up-ing on Manchukuo territory by the Kal Loy had been introduced to Yan Pun had acquired a good either on Friday or Saturday ad- breeding ground is made by the Transocean Kue Hin

der all circumstances, their object Soviet and Outer Mongoliars con bim by Ng Yu Hon, and LI Kai Loy title, the appeal must fall; for, be journ tmn its next regular session Deputy President of the Municipal Commissioners in the same annual January 20, possibly after had in turn introduced some other it noted, the appellant's claim is in

report, ORGAN

ETHIOPIAN STATEMENT -

was rather to ascertain the opin- | tinues unabated, ion of the three parties. concern- The statement that these troops man as being the proposed vendor pat coupled with any offer to re-having arst resuscitated the Com

ed. Li Woon Nam. This man, who deem the mortgagee, or the res-alttee of Conciliation which fad-

[Special to the "Hong Kong Dattr

are destined for the policing ever he was came armed with the pondent as standing in his shoes, ed from view at the end of Sep-scent of the theory that dates

North Manchuria has not shaken Press" (Copyright.)| uitle deeds, viz., a deed of theIt is solely a claim on the foofing tember. 19th February, 1917, vesting the that nothing passed to the "mort- <property in Ng Yu Hon, and the sager.

ILL-FOUNDED CLAIM assignment to El Woon Nam: These he left with Deacons. After the In their Lordships opinion this matter had been completed, Dea- claim is, upon the facts of this cons registered this assignment by case, an 11-founded claim. The Li Woon Nam to Li Kal Loy in the appellant authorised the creation Hong Kong Land Registry, and of the deed of assignment to Li the by a letter of the 7th April, 1830, Kal Loy, and Its entry on sent to Li Kai Loy the title deeds Hong Kong Land Register. This is a statement (authorised by above mentioned

her), and a continuing statement Obviously there was something to the world; intended to be acted wrong here. Li Woon Nam had 'upon by any one desirous of ac tle near Takkaze River is now con-of. the hospital at Dessie has now been dead for nearly five years.quiring an interest in the pre-firmed by a message from Addis Whatever may have been the rea-mises, that ti Kai Lay is the owner Ababa, which speaks of operations son which prompted the person or of the premises as a purchaser for on a large scale, the full extent of persons responsible for bringing valuable consideration from

Lwhich cannot as yet be foreseen, this document into existence and woon Nam. The evidence shows Officia; quarters state that the recording it in the Hong Kong that before advancing the money Abyssinian forces crossed the Land Registry, it is clear that per the mortgagee; through his solici- Takkaze at various points and that se the assignment was a nullity tore searched the register and re- desperate dating was still pro- and passed nothing to anybody.lied upon the title as therein, dis- ceeding near Askum. For the purposes with which their closed; in other words Yan Pun New angagement involving Lordships are concerned, however, acted upon the appellant's state heavy Italian losses are said to it is crucial to know whether the ment, as she intended he should be in progress, north of the Ma- appellant was in any way, and to and advanced his money on the kale in Temblen and Cheraita die what extent, responsible for the faith of it. In these circumstan-iricts Further detalls are 'at pie transactions and at this poisit theres the appellant is estripped from sent lacking, since the fighting Andings of fact by the Courts in asserting against him that Li Kat has only been proceeding for two Hong Kong are of vital importance. 1 Loy was not the owner of the pre. -days- Trantorean Kuo Min.

1.

It appears highly problematical at this time when-if ever-ang further action will be taken on the proposed of embargo. Transocean Kuo Min

DESPERATE FIGHTING (Special to the "Hong Kong Daly

"Press" (Copyright)

Berlin, Dec 18," The Italian report of the bat-

DESSIE BOMBING REPORT

Dipecial to the "Hong Kong Daily Brass" (opyright.ST Mall Addis Ababa, Deo 18. The report on the bombardment

been forwarded to Geneva. Red Crosses were marked on the bos- pital roof at every few yards dia- tance, states the report, besides varban Red Cross Bags, "while ambulances also were plainly marked with a Red prass

The hospital itself was hit by Incendiary bombs two of which burst in the operating theatre. The instrument room and field dressing tution were also destroyed by bombs, about 1,000 being dropped altogether. The anal tumber the dead amounted to 50, while 20 Dezals were wounded. Transocean Kwi Min

Genera, Dec 18..

A lengthy statement by the Em-Proposals did not full the funda- are to be used for some other par peror giving a detailed explana- mental condition of being a pose, as the anti-bandit campaign tion of the Abyssinian standpoint proved by all three parties, the 18 nearing termination.

was handed in to the League Be cretariat on Wednesday afternoon by the Abyssinian representative, For tractical reasons this stain ment avoids defnitely refusing to entertain the Franco-Britlah sux- gestions-N Transocean Kuo Min;

British Government would no lon- Reuter,

ger give them its recommendation or support. The British Chazern- ment would then consider the pre-provisions of the League Govern- sent attempt at conciation to ment have falled and would not wish to continue it in those circumstances.

SCHEME AS GOOD AS DEAD After the Abyssinian delegate LAVAL'S SPEECH

Worde Maraim had delivered a Premier Laval then rose and statement in which he took a sharp sind stressed that all the proposals issue with Italy's policy and en- CZECH CABINET for the settlement of the dispute treated the League not to forsake

would have to be approved by the Abyssinia, the President suggest Special to the "Hong Kong Daily League Council. He added that heed that since the Italian Gove

Press" (Copyright). did not when we the mentis attitude was not yet known,

| puit, but thought thất since Prague Dec 18 Prendent Benes will entrust Pre- other Governments had not yet maler Hodza with the funtion of deed their positions, the Cous the new Government according to el might consider it advisable not information from reliable quarters, to express its opinion at this time where it is stated that Hodzs will The French Premier concluded tain the Coun». provisionally also assume the pows | by saying, of Foreign Minister, vacated by ch would not, care to miss any Benes, and that no further chan-¦ opportunity of fubuling fie taak ges in the old cabinet are contem- of ending the comfict by plateck

ment, which woul and fair, and

Franaceon Kuo Jin.

EL Council might adjourn the dia. cussion all a later date The Council gate the consent

ing the world not

on the session, was as to the course que intends to.

Appesra almost curts:

Deel

rable 449