1939-01-10 — Page 7

HONGKONG DAILY PRESS

WIFE'S APPEAL AGAINST FOOTBALLER ALLOWED

Point As To When A Chinese

Marriage Is Legal

AN APPEAL BROUGHT BY YEUNG LEUNG SAU-YING on a stated case against the decision of Mr. H. R. Butters, then a Police Maristrate, Hismissing a summons against her husband, Yeung Shlu- yick, the well-known Chinese footballer. for persistent cruelty and maintenance; was allowed in the Fall Court of Appeal yesterday,

The appeal was based on a paint stated by counsel for appellant to be of the most profound importance to wives of Chinese in the Colony, that as to whether the form of marriage between the parties in the case, one "untversally adopted by Chinese not only in Hong- kong, but also in China Proper" did or uld not make the appellant the wife of the respondent under Section 3 of the Maintenance and Separations Ordinance, 1935. The Magistrate had ruled that it did Lot.

NOMINAL FINES

IMPOSED

Gambling Raid On Film Studio

GENERAL

H.K. POLICE RESERVE

(ORDERS BY THE HON, MR. T', H. KING, COMMISSIONER OF PULICK)

CHINESE COMPÂNT Strength

Fines of $10 each were imposed by Mr. E. Himsworth at the Kow- loon Court yesterday on Chu Chu- sun. 35. manager of the Grand The following have been taken View Film Studio, and Chan Shin- Jon the strength of the Chinese ka, 29: painter, who were convict Company, as from the dates shown ed on a charge of keeping a com- against them:---

mon gaming house at a film studio. Constables: RH Wat Hin Shing. at No. 83. Pak Tat Street.

(Rejoined) 29.12.38; R115 Tam To

(Rejoined) Nine other men, who were also Ming,

29.12.38: R113 arrested when Sub-Inspector J. H.Tang Chung Ful, 29.12.38 R116 KS Edwards led a police raid on the Kar Ming, 5.1.39; R117 Kwok King studio on December 24, were.con- Tong. 5.1.39; R118 Lee Chow Lam, victed and cautioned on a charge 5.1.39: R119 Tai Pak Yuen; 4.1.39 of gambling.

and R120 Leung Yiu Wing. 6.1.39. Mr. J. Whyatt, Crown Counsel,

Alp.intments prosecuted, and the defendants Crown Sergeant R17 Willam K. Mr. H. W.. Lee, instructed by Mr. } "The sole question is whether or were represented by. Mr. D. Me-3. Mok has been appointed Acting A. S. K., Liu, appeared for ap-not the wire was married to her Callum.

Sub-Inspector and Constables, R1 pellant Yeung Shui-yick was not husband in accordance with the At yesterday's hearing the Tro Chi On, R34 Napoleon Leang present in Court nor was he legally laws and customs of China, and defence called the second defen-[Pan R45 Chu Kwan Tee and R38 represented.

once this question has been an- dant to the witness box who, when Chiu Tsun Ki have been appointed During the hearing of the sum-swered in the afflmative then the questioned by Mr. Whyatt, admit-Acung Lance Sergeants as from mons at the Magistracy, it was requirements of the Section areed that pal kau, poker, and dice 4th January 1939. proved that the parties were mar-completely satisfied." rled in Hongkong. The usual forin

Counsel concluded by submitting

of "Chinese marriage contract had that the Magistrate was wrong as been drawn up and signed. the parties, having been married

The form of marriage was in ac-in nccordance, with the laws or cundance with the existing laws customs of China, came within the

of China, and expert evidence was tendered which, Mr. Lee submitted;

meaning of the Ordinance.

Allowing the appeal, the Chief put this point beyond any doubt. Justice referred to the absence of Further, the respondent "himself the respondent, and to the pro- had admitted that the appellant ceedings in the Court below. was his kit-fat wile.

It had been established, he said, "At the conclusion of the case, that there

form of was a new The Magistrate "dismissed the sum-mariage since the establishment mous holding that the appellant of the Republic of China, to which was not the wife of respondent recognition had been given by the

within the meaning of the Ordin-Civil Code" ance. It was upon this point of The respondent himself had ac- Jaw that the opinion of the Court mitted that the appellant was his

was 'sought.

POINT OF IMPORTANCE?

kit-fat wife but the Magistrate dis- missed the summons and had! stated a case in the course of which

Tint pains involved," said Mr. he found that the parties were in. Lee...s of the most profound iin-fact married in 1934 and that. portance to wives of Chinese apart from the requirement as to this Colony, as the form of mar-registration with the Government riage, which the Magistrate ruled the marriage

1935

games were being played before and at the time of the police raid. Witness also stated that the players pald an admission fee of fifty cents to the carnival and the winner in any game was required to put a donation Into the "com- mission box" which with the ad mission fee was to be donated in

aid of war refugees.

On Imposing the Anes. Mr. Himsworth stated that the fines would be nominal, re- marking that the Grand View Film Studio Athletic Club, who were conducting the camival, had in the past collected money in ald of war refugees. A sum of $6.50 that was seized with the "commission box" was ordered returned to the Club.

BEEHIVE STOLEN

FROM GARDEN

Death

The Commissioner and Deputy superintendent of Police Reserve regist to announce the death of Constable R40 Leung Kin Bang on January 7, 1939.

The

Training Course-Part II

undermentioned members

of the Chinese Company will at- tend Chinese Company Headquar- ters for Part II of Training Course Jon Tuesday, January 10, at 17.30

hours:-

Constables R9 Wang May On,

15 S. C. Liang, R66 Lau Kwan Pc.

R106 Tang Shiu Woon, R28 Lui Chi Chiu, R112, Chan Ching Man, R105 Lam Kwek Yu. R109 Lai Trang Tam, R107 Woo Choi Sin, R108 Woo Tak Sin, R110 Chan Kai Wab. R113 Tang Chung Fu, R118 Ko Kar Ming. R120 Leung Yu Wing, 'R117 Kwok King Tong. R118 Lee Chow Lam and R119 Tai Pak Yuen.

Patrol Duty

TUESDAY, JANUARY 10, 1939. -PAGE 7

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FOR ONE WEEK ONLY!

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SALE COMMENCES

TO-DAY

•

“LANE • CRAWFORD was in accordance

A beehive, complete with in- mates, was stolen from the garden Nightly between 18.00 hours and el No. 74, Kennedy Road, the re-midnight by members as detalled sidence of Mr. Lee Yu-kee by the Officer in Charge of Com- Saturday.

pany.

LTD.

The House of Quality & Service

PASSENGERS DEPARTED

to be outside the scope of the O-with the new form. finance, is not only universally "Inspite of these findings, how- adopted by Chinese, in Hongkong jever, the Magistrate came to the After the discovery of the theft,

INDIAN COMPANY but also in China Proper.

conclusion that no relief could be Mr. Lee informed his firm, the Yu

Patrol Duty "The Magistrate appeared to hold granted, because the interpretation Kee äplary, and later in the day

Nightly between 18.00 hours and that certain words used in the of the section under the 1935 Or-s, man approached the shop bfter-midnight by members as detalled Ordinance must be inter-dinance could not be construeding the hive for sale and was ar by the Officer in Charge of com- preted in conjunction with a pre-alone but must be construed by re-rested

pany, vious Ordinance, the 1905 Oference to the 1905 Ordinance. Before Mr. R. A D. Forrest at

FLYING SQUAD' dinance; and that since the parti-which had been repealed.

the Central Court yesterday. the

Commendation calar form of marriage referred to "As Mr. Lee has shown, the man named Wong So, um mployed

Acting Sub-Inspector (R) A. W had not existed in 1805 then, as wording of the 1935 Ordinance is was charged with thef of the Mooney is commended by the Corfi. lar as he was concerned, it could clear beyond any shadow of doubt hive and was given four weeks' missioner of Police for zeal and not have existed in 1935.

and there, is no such patent am-hard labour.

Initiative when off duty in securing "If this is the true meaning of biguity that reference to anything Only the hive, which was broken the arrest of a snatch thief, when the s.s. Wingsang yesterday for

of the up in pieces, was produced as evi-was also a banishee on December the Ordinance, then I fear a very outside the four corners great number of wives would be statute can possibly be miscon-dence. The bees were not broughts, 1938.

jinto court, as "they were in a very the benefits deprived of

of this strued, Ordinance.

'A STATUTORY REQUIREMENT angry state, according to In- "With great respect to the Ma- "Another question, though it has spector Baker. Listrate, this seems a most extraor-not been raised, is that the statu- Ginary way of not giving effect totory requirement of registration the intention of the legislature. had not been complied with

"The relevant section refers to "The reason is not far. to seek:

RENT COLLECTOR FINED

"

Patrol Duty" Nightly between 18.00 hours and midnight by members as detailed

The following passengers salled

the North-

Mrs. Ida Hube, Mr. H. C. Knox. Rev. F. T. Donnelly, Rev. and Mrs. W. Whitner. Mrs. Horenstein, Mrs. G. Malley, Capt. F. Scurr, Mr.

by the Officer in Charge of Com-Mrs. J. A. P. Rozario. Sister, M. pany

EMERGENCY UNIT KESERVE

Arms

R. W. Pedersen, Mr. H. M. Wetzel.

Sophie, Mr. B. E. Bolton, Mr. Kirk, Mr. J. E. Smith, Mr. Alexis Kovalev, A rent collector, Chan Chik, was

Mr. J. W. Stilwell, Mr. J. Prentice, summoned before Mr. R. A. D. All revolvers and arms licences Mr. Nazem K. Houry, Mr. and Mrs. Forrest at the Central Court yes- must be returned to Arms Office, 3. Zaporozan, Mr. M. R. B. Lecku- terday on eight counts of evading Police Headquarters for cocking vitch Mr. and Mrs. A. 3. Muller, revenue by failing to affix duty and renewal on or before January Mr. E. W. Norwood, Mrs. C. K. stamps on rent receipts.

14. 1939.

Chang and 3 children.

S.S. KUTSANG The following salled on Saturday in the s.a. Kutzing for Singapore: Mr. and Mrs. J. R. Richards, Mr. Helser, Mr. C. H. Turner, Mr. and Mrs. Ho. Yu Chee.

A. R. P. Course

Mr. M. A. da 'Suva was for the defence. He told the Court that The new course will commence defendant's tenants

the were bad on Friday. January 13. at tenants and did not pay their rent EUR. Chub at 17,30 hours. in whole sums. The rent was re-

Patrol Duty ceived in small instalments, and Nightly between 18.00 hours and when the whole sum was made up midnight by members as detailed the defendant issued a receipt for by the Officef in Charge of Com- the whole "amount

A fine of 20 cents was imposed

G. CHAMPKIN, on each count.

D. E. P..(R). Hongkong, January 9, 1939.

DEMANDED MONEY ON

раду.

kit-fat or un-fong spouses of any there was no machinery for the Chinese married to him in accor-registration of any such marriage dance with the laws or customs or in this Colony. Nevertheless, the China. The intention of the legis- Magistrate has held that 'pecause lature is clear and I submit this there was not such machinery, the is simply a case of literal construc- (only analogy in the Chinese form tion of the section which admits of ceremony was civil marriage at of but one meaning. There is no the Registry. need for further interpretation by This was a palpably mistaken reference to extraneous matters in view because it was impossible for an Ordinance which has been re- the parties to register. peailed.

"The magistrate was wrong in "In the Ordinance not a single law, but in view of the last para- word can be found which restricts graph of the stated case, the only its application to any particular order which we could make is that form of marriage existing at any the appeal be allowed and that the speciic date, nor is there any sug-case be remitted to the Magistrate gestion which would exclude the for determination with the direc- form of marriage which existed at tion that, inasmuch as the evi- the time of the passing of the B. dence clearly established a valid Indeed, the form of marriage. In marriage between the parties, he On charges of receiving stolen | FORGED DOCUMENT question is the only one act up byla, according to Chinese custom property and of escaping from the Cleti Code of China.

within the meaning of the Ordin-|legal custody. Chan Tat-chau, 38| Appearing on remand before Mr. "In spite of this, however, the ance, so to find.”

years, was committed by Mr.T. J. Houston at the Central Court Magistrate has attempted to put The Court also directed that Q. A. A. Macfadyen at the Kow-yesterday. Tsang Yik-tak, unem- a restrictive meaning into the Or-costs for the appeal be paid by the loon Court: yesterday to

ployed, was committed to stand trial at the Criminal Sessions on a dinance by his interpretation.

"He had tried to bend the words

Committal proceedings against forged document.

Detective Inspector Ritchie was and started with a fallacious as- sumption.

respondent.

SNATCHER GAOLED Sentence of two

COMMITTED TO SESSIONS

next Criminal Bessiona

the

the defence.

S.S. WOSANG The following sailed in the as. Wosang for Haiphong on Satur- day:

Mr. Lee Son Ngee, Mr. and Mrs. T. W. Ding, Mr. P. T. Sun, Miss S. C. Ma, Mr. Leong Lai Ting, Mr. K. C. Hung, Messrs. H. C. Wu and Y.

Lu.

EXPORTING SILVER DOLLARS

A fine of $2,000 each was im- posed on Hing Hop and Li Man- hing when they pleaded guilty be- fore Mr. T. J. Houston at the Cen-

permit from the Revenue Depart-

A

ment

Chan on three chargen of burglary in charge of the prosecution, while tral Court yesterday to summonses from the Arcadia Jewellery shop "This. I contend, is wrong. for it

months hard in May and August, 1933, and in Mr. C. A.. Butherton Russ was. for for exporting silver dollars without was not the intention of the legia- labour was imposed on an un January, 1934, falled when the| lature, to restelet the meaning of employed man, 30 Mang-lam, 25, Magistrate ruled that there was

Mr. W. M. Thomson, Assistant the word 'wife' or 'married woman'. by Mr R. A D. Forrest at the not sufficient evidence on the It was reported yesterday that Superintendent of the Imports and

"The Ordinance is not for the Central Court yesterday on

a charges. The shop in question, one of the Chinese soldiers, interned Exports Department, was in charge purpose of regulating the law of charge of snatching a handbag which is now no longer in eris-at the Matauchoong Camp in Kow-of the prosecution, while Mr. C. A. marriage, and the relations of from a woman at Queen's Road tence then occupied, premises at loon City escaped on Christmas Butherton Ruas was for the de- husband and wife must exist

West on Sunday,

No. 47, Peking Road.

Eve and has not yet been found. fence,

•

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||Copyread), 1948, by The Beti Bandirane,

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