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HONG KONG DAILY PRESS, WEDNESDAY, JULY 29, 1936.
JUDGMENT RESERVED
LAW SOCIETY'S
THE GRAVITY.
The gravity of the charges against the respondent required
ACTION AGAINST much more minimum of proof in
A SOLICITOR
Counsel's Submission
The motion brought by the Incorporated Law Society of: Hong Kong to have the name
support of those charges, and as that failed to prove the case, he submitted that the motion be dis- miswad.
Mr. Sheldon said that the res-
pondent meant to do what he did.
and that there was an intention
of agreement to enter into partner-
ship.
The words "wilfully and know- ingly" were true in the charge as of a local solicitor struck off, he respondent, knew that the per the rolls of the Court was con-
sons were not qualined to deal with. cluded before the Chief later date, if not at the be-
ginning. Mac Justice, Siz Atholl Gregor, K. C., and the Acting ness must have been carried on. Puisne Judge, Mr. Justice J.as no one made agreements in fun. J. Hayden, in the Fall Court Assuming that wrongful agree- yesterday morning when judg
ment was reserved.
The solicitor was alleged to to hate entered into partner- ship with unqualified persons between February 5, 1925, and March, 1928, and between April, 1928, and the end of March, 1929.
According to Mr. Sheldon, busi-
ments to eater into partnership
had occurred there were several answers: If there had been a single professional act of the respondent after the agreement had been en- tered into, then the statues must be enforced.
Mr. Sheldon said that as to the ten years that had lapsed before the respondent had been discover-
Mr. D'Almada's objection
to
Mr. H. G. Sheldon, K.C., instructed, it was immediately brought be- ed by Mr. D. Strellett, Secrefore the notice of the Incorporated tary of the Incorporated Law 60- Law Society of Hong Kong. clety of Hong Kong, appeared in support of the motion, while Mr. Leo D'Almada, jar.. instructed by Mr. P. M. Hodgson, represented the respondent.
Mr. D'Almada made further re- ference to respondent's affidavit before he resumed his address be- fore their Lordships. It dealt with the report that was not on the file, and that the agreement of a person or persons not qualified to deal was denied, against the evi- dence of which there was none at all.
The other charges against,, the respondent were fully answered in two paragraphs of the affidavit. He submitted that those two para- graphs did not serve as an agree- ment.
The confirmation of costs between his client and the interpreters was the usual custom of ali solicitors practising in the Colony.
There was no evidence of impro- priety in the agreements carried
out.
With regard to the letters writ ten in England, Mr. D'Almada ask- ed if there was one single feature Inconsistent with respondent's con- dition of his statement
III
that statement was sustained by their Lordships.
Mr. D'Almada, in conclusión, sald that one successor of the wald Arm had died, and that the respondent was wholly right in his letters written in England,
Judgment was reserved.
MAINTENANCE CASE
Kit-Fat And Concubine
THE ETERNAL TRIANGLE
Charged with having failed to provide a reasonable mantenance
between May 18 and July 23, Wong Pui Ying, living at No. 7 Wing Fung Street, Arst floor, was summoned before Mr. C. B. Burgess at the Central Court yesterday by his wife, Li Pun Ying, living at No. 150, Lockhart Road.
It appears that the wife would 1929, respondent was in not live with her husband while Paington, England, applying for an he kept a concubine, she was appointment which he failed to therefore applying for mainten- secure. In 1935, he received a tele-ince. gram asking him to return to the Colony to practice, as his su¢è¢ssor in the firm had passed away. He gave his assexat in a cabled-reply and booked his passage. A few days later another telegram came, advising him of the bad condition of business, in Hong Kong, and for bim to cancel his salling.
He had decided, however, to re- tura, in any event, and when he arrived in the Colony in Januarý, 1936, he was met by the applicants.
THE CLAUSE
His Worship held that if the kit-fat wife would not live with the concubine then the" husband must provide for her elsewhere.
A CASE TO ANSWER
IN TRADE MARK CASE
· Continuing the proceedings be-
·fore Mr. W. Schofield at the Central Court yesterday wherein the Paul Battery Co.. and the Sunlight Co., were summoned for the possession of batteries and labels to which trade marks so nearly resembling that of the "Ever-ready batteries," hait "been applied. so is calculated to de- ceive. The two summonses related to two Trade Marks, (1) Trade Mark No 211 of 1928 and (1) Trade mark No. 7 of 1930:..
Mr. H. O. Sheldon, instructed by Mr. D. L. Strellett, appeared for the defendants and pleaded not guilty.
Mr. Hugh-Jones was for the
Mr. R. A. S.J prosecuting, whe waters of the plaintiff firm was
in court.
Mr. Waters was re-examined yesterday by Mr. Hugh-Jones and said that the business in Hong Kong as compared with other places was inferior, but he (wit- ness) felt that the businesses in Guatemala and Ceylon were being affected by the Paul Battery Col
Confronted with a number of other batteries of other makes, witness
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STOWAWAYS
BEFORE COURT
THREE CASES DEALT WITH
WOMAN WITH BAD COINS
SEQUEL TO RAID
Chan Mul, a Chinese female, was charged before Mr. C. B. Burgess at the Central Court yesterday with the possession of 269 coun- terfeit 5 cent pieces, knowing them to be counterfeit and with *Intent to utter them.
Three st Faways appeared before said that be considered Mr. G. Burgess at the Central some of them were infringments Court yesterday. Eduard Zarins, of their mark but proceedings 30, was charged with being were not instituted because they had not interfered with business either in Hong Kong, China or elsewhere. Proceedings would cer- tainly be taken if they had done
30.
OTHER ACTIONS Mr. Hugh-Jones then produced
a.list of actions taken out in res-
pect of the protection of their brands. 13 "મ the defendants had been convicted or had come to some arrangement.
stowaway on board the £5. Pre- aident Lincoln from Hong Kong to Manila, and with a Breach of the Passport Ordinance,
Defendant said that, they were given to her by a man.
Det-Sergt. C. Byron, appearing on behalf of Sub-Inspector Flattery Det-Sergt. Russell stated that stated that at 11 am. on July 21. the defendant was previously do- R. O. Ward and others carried out tained in the House of. Detention | a raid at No. 32 Newmarket Street. and had left there to look for work looking for tobacco. During the He had gone to Canton and had raid they found the defendant sit- returned after a few days and had ting un a bed with a child in her stowed away on board the Prearms and a packet of coins in one sident Lincoln. He had previously hand. The coins were found to be possessed' an expired passport but counterfeit. that had since been lost,
In the previous hearing Mr.
Sergeant Russell asked for an Waters had said that he did not
on the second think that "No. 7 of 1930 was an expulsion order infringement. Mr. Hugh-Jones charge, and stated that, stowaways explained yesterday that witness were becoming too frequent in the as His Colony, meant that people such
The defendant pleaded for Worship of himself would not be deceived, but the iterate might leniency. He was sentenced to one thus be deceived. ·
month on the first chargé and an Worship and said that if there the second. .. Mr. Sheldon then addressed His expulsion order was made out on
were no evidence on which" a "jury' could convict then it was "unfair
to
ANOTHER CASE
C. R. O. 83, Yip wai and R. O. Ward gave evidence of the raid, after which Lum Pui, a Chinese, money changer, gave evidence as regards the genuiness of the coins. The coins were light in weight, brittle and had in colour,
The second stowaway, Jose San- the defendants' to continue | tiago, 17, was charged with with the proceedings in view of stowing away on board the Presidefendant sald, gave her the coins. the expense. He, submitted that dent Lincoln from Shanghai to there was no case to answer.
Counsel said that be did not intend to deal with No. 7 of 1930 as there was obviously no infringe ment there... A
In his opening Mr. Hugh-Jones bad said that the prosecution was not on the wording but on the general colouring. The reasons for the prosecution, namely those
abroad were novel oùea."
The Arst answer to the charge was that, in fact there was no
Defentant said that he Intist calculate on his income which was $40 per month. The complainant estimated that the defendant's in-simlarity of the marks. There come should be about $60 per were no goods to which the mark month as he had told her four had been applied. years ago that his salary was $40.
Defendant then said that he had some dents had ta to keep a young child and also be paid off. This, latter he was doing at the rate of $20 per month.
There was a clause in the agree- ment - which stated that respon- The Magistrate asked the com dent could have leave of seven | plainant if she would be satisfied months once in three years. .It † with $15 a month. Complainant was Mr. D'Almada's submission said that she wanted $20. Defen- that a firm of solicitors could not carry on for seven months without an attorney.
Respondent had never contem- plated anything wrong in writing out the articles of the agreement; there was no secrecy attached to it, and the whole circumstances that had to be considered was that If respondent's conduct ten years ago could merit the punishment the applicants were asking their Lordships to inflict on him.
Mr.. D'Almada reiterated that the
respondent's affidavit was consis tent. There had been nothing against him from 1928 until he was "charged recently, which bad to be taken in his favour.. If the res pondent was guilty, the interest of the "public must be safeguarded. As it was, the public knew who the respondent was, "and the publicity was ‘enough, punishment, and to
·be regarded as a deterrent, The ventilation of this matter was ample safeguard in a place such as Hong Kong.
dant said that he could not pay $15 but could manage $6. His Worship said that that was not enough.
Defendant' went on to explain. that moneylenders were taking $15 a month from him and in another case he was paying, through the Court, a monthly sum of 15. When asked by His Worship to make out a statement of his debts, the de- fendant said that he could not
The Magistrate remanded the case for one week for the defen- dent to procure a statement from his creditors relating to his debts
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Defendant desired to give 'sworn evidence and in the box said thật when the revenue officers raided the flat they entered the front cubicle and found nothing. They then went to the 'front sitting room, where there was a man, who,
The first witness was recalled and said that when the house was Det.-Bergt. Russell stated, that raided the front room was searched the defendant arrived in Hong Arst. The man there was given.. Kong on July 28. He had been instructions not to move or com- discharged from prison on July 3 municate with anyone. He had and sent to Shanghai at his own done so because he had been under request.. He had been there, but observation all the time... a few days when he stowed away on board the President Lincoln to Manila.. Defendant was sentenced to 2. months.
PARENTS' COME FORWARD George Goldin, aged 17. the third stowaway, was discharged.
Det.-Sergt. Russell said the de- The second was that there can Kong and were willing to pay the endant's parents were in Hong not be the essential ingredient of Dollar Shipping Company for the the charge that is the reasonable passage from Manila to Hong posibility of deception. The rea- Kong. The Company was willing son for that is that there have and he therefore asked that the been no goods on the market charge be withdrawn. since 1929 or 1930 and the charge was that of having on the market! in June 1938 goods calculated to deceive. How could I be said that there was evidence to convict When there were no goods on the market. There was rio, possibility of deception.
THE MAKE-UP
RICKSHAW COOLIE AND HIS FARE
Continuing Mr. Sheldon said Dumps Stricken Man
that the question of the make-up, į. assuming that the get-up was common to the trade. "It could not be said that they have taken any
In Street
Détendant then said that the witness was not the man who had given her, the coins, but it was his
partnere M
Sergeant Byron said that witness was the man who had been ac- cused, by, the defendant at the time.
Ho Sul Wan, wife of Cheung husband was in Canton, and that Shun, the partner, said that her she was asleep at the time of the
raid...
Defendant was convicted.
She
pleaded for lextency in view of her four children: His Worship, sald that if she had been a man he would have imposed the full 6 months, but he was now" willing to remis two months.
Defendant was sentenced to four months.
MURDER CHARGE
Bhag Bingh, F.C.B,90, charged with the murder of Bahib Singh, P.C.B.665 on July 26, appeared be- fare Mr. W. Schofield at the Cen--
of those distinctive marks The "DASTARDLY ACTION tral Court yesterday and wan
distinctive features were the word "Eveready, the French grey co Tour and the background of red. The defendants marks had none of those features.
formally remanded for one week,
Mr, J. Murphy, C.D., appeared for the prosecution, and asked for the remand.
A test case was heard at the Kowloon Magistracy yesterday: Involving a rickshaw coolie charged before Mr. E. Himawart with Mr. Hugh-Jones then addressed His, Worship on the facts of the "failing te complete a journey POSSESSION OF A REVOLVER
It was alleged by the prosecu An earth coole, nimed Tung case and pointed out that the tion that the coolle, Ohan Bzz. Kaur, aged 24 years, was charged bulk of their buyers were of the Literate class of Chinese over 49, dumped his fare in Fife Street before Mr. E Himsworth at the near Portland Street, when he Kowloon Magistracy yesterday China Those people. must ter became aware that the latter had with bassession of a revolver and tainly go by the colour.
Mr. Schofield held that there fainted. It was his intention, the four rounds of ammunition with
prosecution alleged to leave the put a céfice, at the Kim Lung, was a case to answer on the first ack man in the street and run Tea House, No. 400 Prince Edward summons but that constituting
Road. "the second was discharged.
The case was adjourned until August 8.
away.
The accused was prevented from Detective Sergeant, P. G. Mach. doing so by a witnets of the in- Pherson for the prosecution ap- cident named Lam On Wan a2plied for a week's remand which year old youth. Lam make Chan was granted. He said that he had Take his fare to the Mong Kok Stanot yet received instructions whe-
To be stricken off the rolls meant rain. If there had been an offence, it would be fumcient to make an order for respondent to which dates from 1721 while Paternoster-row in the House of tion. The police then made serangether the case was for committal or pay costs. If that was insuncient Rigingtons, which it incorporates, punishment, according to their goes back even further-to 1716. Lordships. then there was the The original Thomas Longman other alternative of suspending the hon of a soap manufacturer at There are still two Longmansing) said that Chan was hired to hum for the shortest of periods Bristol was first apprenticed to of the arm, while two octogenarian take his passanger Chung King gistrate imposed a fine That being an entirely adequate John Osborn, a bookseller, who in Longmans survive outside itr, Heuns in Shanghai Street to in default two weeks punishment, would afford the resturi had been apprenticed to George Langmar who captained Chemig Sha Wan. The tare agreed, ment
Lam On Wah, Was pondent, to redeem hitaset ater another bookseller, Thomas Guy, Eton and Cathbridge at cricket. upon was 30 cents - ammatically at the conchimon of the founder of Guy's Hospital and Mr. William Longman croquet Describing sccused's action as ed by the Bench for his pu the suspendon
#particularly” dastardlyć the Ma-spirited action. The firm established itself in champion,
William Taylor who had published ments for the stricken man to to be taken summarily, the first edition of Robinson take, to the Kwong Wah Hospital Crusoe about ten years before, -Sub-Inspector Rogers (prosecuti
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