1936-07-31 — Page 7

ONE OUT OF THREE CHARGES PROVED

Local Solicitor Is Suspended

"RECKLESS DISREGARDS FOR THE

ETHICS OF HIS PROFESSION"

Judgment was delivered yesterday by the Fall Court com-. prising the Chief Justice, Sir Atholl MacGregor and, the Asting Pulane Judge. Mr. Justice J. J. Hayden in the case against a local solicitor on charges brought by the Incorporated Law So- elety of Hong Kong, asking that his name be struck off the rolls of the Court for “disgraceful and dishonourable conduct."

On the three charges brought forward only one was proved. and the solicitor in question. Mr. Charies Andrew Sutherton Russ was suspended from practicising as a solicitor for 12 months.

Mr. H. G. Sheldon K.C., instructed by Mr. D. L. Strellett, Secretary of the Incorporated Law Society appeared for the ap- 'plicant, while Mr. Leo D'Almada Castro. Jnr.“ instructed by Mr. P. M. Hodgson appeared for the respondent

THE JUDGMENT

Judgment the

EI. deilver ng Chief Justice said:-

name

In these proceedings the incor- parated Law Society of Kong Kong seeks an order that the'

Mr. of the respondent. Charles Andrew Sutherton Russ. a Solicitor approved. admitted and enrolled

Solicitor of this Court, be removed and struck off the Rolls of this Court on the fol- lowing grounds:--

S 1

HONG KONG DAILY PRESS.

[ CORRESPONDENCE

A DISCLAIMER

"To the Editor, the "Hong Kong Daily Preap"]

Sir,-As some confusion exists on the point, we shall be obliged if you will allow us to explain that the Solicitor who was to-day 'sus- pended from practice has do con- nection with the firm.

Yours faithfully,

RUSS & CO. Hong Kong, July 30, 1936.

ment as a whole we are not entis- fed that its provisions are in any way inconsistent with the terms which might properly be imported inco a loan agreement, where the security for the considerable rum loaned is so personal in its nature,

FRIDAY, JULY 31, 1936.

ROBBERY RECALLED

Work Of Servants

WOMAN ON TRIAL

A case of unusual features was heard at the Central Court yester day before Mr. W. Schofield con- carning a robbery which occurred at the residence of Mr. and the Misses Allen, No.140A, Kennedy Road on July 4.

Fang Yin Lam. 28, was charged with the larceny of $415, a £1 note. 2 pieces of jewellery and ave unset precious stones. Fung You, the amah of the house was" charged with aiding and abetting. The only other Agure actually in touch with the robbery was that of Leung Hon. the cook-Loy. Thus until one of the defendants was convicted he or she could not be used to give evidence against the other.

Having come to that conclusion as to the proper construction of the agreement it is unnecessary for us to consider and determine any of. the several points made to us re-

Inspector A. E. Carey outlining garding the true meaning and in-

the case said that on July 4.about. tention of Section 32 of the Solici-0.30 am the defendant went to tors Act of 1843 and the mischief

the house and rang the bell and aimed at by that section. We have

asked for the cook. The amal found that the relations between the respondent and the unqualided answered the door bell. The cook the defendant then told him that len's office and Mr. Allen wanted he. (defendant) was from Mr. Al-

his swimming clothes taken down to the once.

HOSPITAL

THEFTS

THIEF CAUGHT ON INFORMATION

Kwan Saul, 22, unemployed, was charged on three counts of (a) thet; of $73 on May 11, (b) the theft of a numbering stamp ma- chine, and (c) the theft of $15 on June 28, before Mr. W. Schoßald at the Central Court yesterday and was sentenced to a total of 6 months.

The articles were stolen from

the Hong Kong. Santtorium, and the complainant was Ho Hung, ac- countant.

Det-Sergt. Dowman stated that the defendant had been employed as an office coolle at the Hospital

On May 11 the first sum of money was missing and a report being made, the defendant absconded. On June 23, the stamping machine was stolen from a locked drawer,- which had been opened by a dup- Heate, key. On July 27 the defen- dant was seen crouching behind th Hospital wall. He was · chased but escaped. On July 28 he was arrested in Shanishulpo on, in- formation, and admitted to the

for $3.50.

(ii An agreement made in or about the month of August 1920 between the said Charles Andrew Butherton Russ of the persons Li Wing Chi and Fung Kit / Leung Han, came to the door and thefts. The machine was pawned

Lang and, subsequent to August, 1928. Wong Klen Kee. Lo Kwok Min and Dal Bau Wan, were those of debtor and creditor, and the first and second of the charges brought against the respondent therefore

one part and certain persons not duly qualided to act as at

namely torneys or solicitors. Wong Klen Kee. Lo Kwok. Min and Dal Sau Wan of the other part, in which agreement the terms and conditions contained | fall. in the sald agreement of the fifth day of February 1925, were in effect appiled to and for the benent of the said Wong Klen Kee. Lo Kwok Min and Dal Bau Wan in place of the said Li Wing Chi and Fung Kit Ling.

(a) That the sald Charles Andrew | Sutherton Russ has been guilty | of an offence against the provi- slons of Section 32 of the Solici- tors Act 1843, which section was extended to this Colony by Sec- tion 51 of the Legal Practitioners Ordinance 1871, in that he be-drew Sutherton Russ has been

dis tween the Afth day of February gulity of disgraceful and

bonourable conduct as a Solicitor, 1925 and March 1928, whilst · carry-

of

UNQUALIFIED PERSONS (c) That the said Charles. An-

THE FACTS

SEARCH - REVEALED LOSS The cook took the basket down to Mr. "Allen, who on receiving the things thought that his sisters might have wished for the clothes, ut a telephone call to his sister showed this was not the case. Mr. Allen then went back to the

UELTY TO A

SPARROW

CHINESE FINED

I turn how to a consideration of the facts on which the

third charge is based. The respladent left the Colony in 1929 and re-

Another case of wanton cruelty. sumed the practice of his pro- ression in England. In May, 1935,

house. Miss E. Allen also went the result of which was that the victim, a baby narrow, was on he received a cablegram reading: back to the house and searching the point of dying, was heard at "Can you return practice in Hong the drawers found that the sum

ine Central Court yesterday before Kong.

Wire expenses required of $415 had been stolen together Mr., C, B. Burgess. The defendant This cablegram was from one Wang with a quantity of Jewellery. The was Ho Fax In. 36. a newspaper Police were sent for. The amah deliverer. He was fined $25 or two Lo, and the respondent has itated that he assumed that it was sent was found in the hall crying. She weeks.

Respondent ad apparently been beaten. Thẹ. Sub-Inspector Kirby stated that replied "Wong Le. Expenses £350,"amah said that she did not know at 8.30 on Wednesday, Sergeant

and received a reply "Cabling ex- penses 14

ing on business as a Solicitor in in that he wrote two several let by one K. K. Wong.

ters dated respectively the 24th and 30th days of May 1935 at Paignton, England. addressed and despatched to one K. K. Wong in this Colony, in that the sald let ters contain an offer by the said Charles Andrew Butherton Russ to enter into an association to carry on the practice of a Solicitor with a person not duly qualified to act as an attorney or solicitor.

this, Colony under the name Lee and Russ, and between April 1928 and the end of March 1929. Whilst carrying on business as a Solicitor in this Colony under the name of Russ & Co., wilfully and knowingly permitted or suffered auch frm names to be made use. of in certain actions or suits "in- stituted in the Supreme Court of Hong Kong and in matters in bankruptcy upon the account or for the profit of persons not duly qualified to act as an attorney of attorneys or solicitor or solicitors, knowing such person or persons not to be qualified as aforesaid.

"DISGRACEFUL AND DISHONOURABLE”

and dis-

(b) That the said Charles An- drew Sutherton Russ has been guilty of disgraceful honourable conduct as a Solicitor, in, that he being a Solicitor was a party to and executed the follow ing written agreements with per- sons not duly qualified to act as attorneys or Solicitors, namely:-

The respondent was admitted a Solicitor of the Supreme Court of Judicature in England in 1909 and was duly enrolled a Solicitor and Proctor of this Court on March Į 28, 1912.

In 1921 he made a second visit to the Colony and practised under the firm name or Lee and Russ with Mr. Lee Hon Chee, & Solicitor of this Court. in 1925 Mr. Lee

days. Book earliest steamer." It was after the pass ing of these cable communications that the respondent wrote the two letters, dated 24th and 30th May, 1935, respectively, on which the third charge is based, and which were in the following terms:

Exhibit F.1

Stanley Richards & Co., Way-

cotts Corner, Paignton."

May 24, 1935.

l

Dear Mr. K. K. Wong,

1 duly received your cable and wired to-day "Expenses £350."

Al

1 should be prepared to re- turn to Hong Kong on some such

Hon Chee retired from the part-term as these. nership, and it became necessary for the respondent, in order to buy him out, to raise the sum of '#30,- 000. The respondent therefore approached Li Wing Chi, and Fung Kit Ling," two unqualified persons (1) Agreement dated the fifth then employed as interpreters in day of February 1925 made be- the firm of Lee, and Russ." and ob- tween the said Charles Andrewtained from them the sum of Butherton Russ of the one part $30.000 on terms and conditions and Li Wing Chi and Fung Kit which are embodied in an agree- Ling of the other part, by which ment dated the fifth day of Febru- agreement the said Charles An-

ary, 1923.. drew Sutherton Russ agreed in

The case for the Law Society, so consideration of the sum of $30,000, paid to him by the said far us, the first and second charges are concerned, depends on the

LI Wing Chi and Fung Ki: Ling,' construction which this Court

to share the profta of his bust-

pess of a solicitor carried on by places on that agreement, it being him in this Colony under the contended on behalf of the Law name of Lee and Russ with the Society that it is clearly a part- sald Li Wing Chi and Fing Kit nership agreement between the Ling, and to carry on business respondent solicitor and unquali- and the practice of a solicitor fed persons, while the respondent for a period of 15 years for the maintains that it is no more than

a loan agreement. common.interest of all parties to

.

the said agreement, and that These proceedings are in their the said agreement in effect is essence disciplinary and penal and partnership agreement bet is therefore essential that we tween the said Charles Andrew be satisfied that the agreement in Butherton Rus and persons pot question, together with the con- qualified to act as attorneys or sequential agreements of the 13th solicitors; alternatively, that the and 15th May, 1920 and August said agreement gives control of 1928, as regards which no différent the business and practice of the considerations arise, is a partner- ship agreement and nothing but a said Charles Andrew Sutherton

partnership agreement, Russ and its management to riot duly qualifed · ax persona therein mentioned or their enc-

cessors.

יד

LOAN NECESSARY. In the circumstances in which the respondent was placed on Mr. (U) Two agreements dated re- Lee. Hon Chee's retirement it was spectively the 13th and 15th days necessary for him to raise a con- of May 1926 made between the siderable sum of money by way said Charles Andrew Sutherton of loan, and he had no security to Russ of the one part and Fung offer except his ability as a Kit Ling of the other part, by solicitor. It was to the success of which agreements and the joint the practic eand to that alone that effect thereof the said Charles the practice and to that alone that Andrew Sutherton Russ binds return of their capital and a rea himself, so long as he shall prac-sonable rate of interest. They. tise as a solicitor in Hong Kong, cannot, in such circumstances, be to retain the services of the said blamed for imposing on the res Fung Kit Ling and gives the said pondent borrower, such stringent Fung Kit Ling authority to safeguards as they could induce agree the amount of costs' pag him to accept c able in respect of all work intro duced by the said Fung Kit Tang,

Viewed in the light of these facta and construing the relevant agree-

12 years contract. Guaranteed $1,200 a month and 30 per cent. of net profits, payable yearly. First $1,200 to be paid on ar- rival in Colony. 7 months' leave on Yull pay and 1st class passage 4th, 8th and 11th years, Apift to October, $20,000 Life policy to be taken out on arrival in trust for wife and paid her on death. I am to remain teetotal during the whole of my period in Hong, Kong. I have done this now for over five years and would not be otherwise.

who had committed the robbery but later that night gave the names of two men. The defen- dant and an ex-boy named Ah Shul.

Bullivan was on patrol on Pokfulam Road and saw the defendant with the bird attached to a piece of string, allowing it to nying away and then drawing it back again. As a result of his cruelty the bird was on the point of death.

Defendant sald that he had picked the bird up on Babbington Path with the string already tied around its leg.

On July 11, as a result of in- formation, Inspector Carey and another detective went to the Sat On Wharf where the defendant was arrested. The defendant said. it is not my business, if you ar- rest Ah Spul and Fọng Yau, the Bemarking that he did not be- amab, you will find out about it."lieve the story for birds do not In answer to the charge Fung y around with string attached to Yin Lam said. “Ah Shut asked me their legs, His Worship sentenced to go. He gave me $15 and a £1 him as stated above. note. He told me to run away."

At an identification parade the male defendant was he had been employed at Mr. Allen's house He identified the since July 1. male defendant as the man who came to the house and gave him the false memage from his mas- ter.

HONG KONG ELECTRIC COMPANY, LTD.

Interim Dividend

SUCH A PERSON EXISTS Miss E. Allen in the witness DOT that there has been an

Messrs. Gibb, Livingston & Co., stated ex-cook boy named Ah Shul. She Ltd., the Agents of The Hong Kong then gave a description of the Electric Co., Ltd., inform us that articles stolen but could not give at a meeting of the Board of their value.

* Directors held yesterday morning Defendant here stated that the an Interim Dividend of One Dollar things had been stolen by the ex-per Share was declared for the six boy. When asked this Miss Alles months ended June 30, 1936. This said that it must have been be-dividend will be payable on and cause the room was not at an after Friday, September 11, 1936, to disturbed and seemed to show the those Shareholders whose names work of someone who was familar appear in the Register of Shares with the room, t

at the close of business on August 29, 1835.

If you think this worth con sidering, I shall have to give at least three months' notice here and will do so the moment. I uni

Choy Yee. LS.A,203 gave evi- notified my expenses have beendence of the arrest. This evidence. cabled and sail on the first prac-

concluded the case for the prose ticable date.

cution

You will of course arranka for omices, and a good staff clerks, ze, to be available on my

val.

STAR" FERRY CO.

Upon his admission of his state- ment which he had made to the

The Directors of the "Star Ferry Police, the defendant

was then Co. Ltd. have declared an Interim convicted as an accessory before Dividend of $2 per share for the the fact

half year ended June 30, 1938. Defendant (male) was Aned a They report that the balance of $100 or two months and two the Company's Working Account months in addition.

for that period was within a thon- The case against Fong Yau was; sand dollars of the balance for the really could do, so I hare quise the proceeded with, she being first six months of 1935.

charged with alding and abetting.

I can save 14 days on the voyage by saling via Canada, but this would cost another £25. I should rather relisti an op- portunity of returning and mak- ing good and showing what I

made up my mind to return, if you really want me to do so.

If you get this towards the end of June and the fares are cabled at once, I could give my notice to expire at the end of September and safl early in Octo-

ber and if I went via Canada

arrive at the end of October.. With kind regards to all Yours sincerely,

(Signed) C. A, 8. Russ.

Exhibit G.1

Waycotts Corner, Paignton, 30th May, 1935, Dear Mr. K. K. Wong, w

I have provisionally booked a Passage on the N.DL. 8B, “Pôts dam” which leaves Southampton In September and arrives in

(Continued on Page 11)

Leung Hon; the cook boy in his

Ah

evidence said that, before he left daat at An Yeang's house, the house with the basket he gave Yeung being a yomger cousin of the amah instructions, to watch an Bhat. On July 4 Ah Anui ask- the other defendant as he was ed him to go to the house. Ab

unknown.

returned to the house and ques Mr. Allen, stated that when he

tioned the amah she was too hys- terical to answer.

The interpreted of the No. 21 Station stated that when the der Jendant was questioned through him by Inspector Carey she dent ed knowledge of the identity of the man who attacked her. She added that while she was being struck she thought that she heard footsteps running up the statre.

Shut rang the bell and then ran. the door had been opened and the down the side of the house. After basket taken to Mr. Allen, witness Bald that he left.

Witness said that Fong Yau opened the door and Ah Shu went up the stairs and stayed there for about five minutes. He threw down a book to the witness containing the notes mentioned Witness went on to say that while! he was outside the house Fong Yau was shouting "robbery" ar was scolding him, so he struck her The The first necized who had been on the bead convicted, then went into the box

case was then adjourned The P and said, he had met the defe Entil Saturday at 11:30 am

ASKED TO DO IT

and

LAST

2 DAYS of our

GREAT SUMMER

SALE

DRASTIQ REDUCTIONS

OFF ALL

STOCKS

WHICH

MUST BE

CLEAREDI

LADIES'

SALON

LANE, CRAWFORD'S ·

HENNESSY BRANDY

WELL MATURED

IN THE WOOD

SURPASSINGLY

. יי

MELLOW TASTE

Obiainable At All Stores.

BOLE AGENTS:

BONDON & CO., LTD.

"SINCE WHEN

are you BUYING.

MY SUITS,

madam?"

Here's something to try on your husband. After he rushes off to work ... - reach back in the closet and bring out that dingy, droopy suit that he paid war'sji done for. Send it to us for a Zoris Drycleaning. We'll bring the colour back to life"... soften that harsh weel (Zoric cleans out the deep-moted dirt, you know • *- . . gives old suits a show window look,). Then hang it back in the closet and let him discover bla is now * unit for himself (For which favour heʻli probably treat you to dinner and's show that very night!) Well, why not P

THE

STEAM LAUNDRY CO.

Mongkok Works,

Hong Kong Depot,

57082 Tel 21279

ZORIC