1940-01-10 — Page 5

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HONGKONG DAILY PRESS

SUBMISSIONS BY MR. ELDON POTTER, K.C. IN MORTGAGE DISPUTE

THAT THE THIRD PLAINTIFF WAS THE REAL CHAN KWOK-NIM AND THE SAME PERSON THAT PURCHASED ONE-IHIRD SHARE OF NO. 300 DES VOEUX ROAD CENTRAL AND NO. 96 WING LOK STREET, and that Chan Chung-wah was a different person but had for a considerable time imper- Sonated Chan Kwok-nim, were submissions made by Mr, Eldon Potter, K.C., at the Supreme Court yesterday when he replied to the arguments for the defence in the alleged city mortgage fraud case.

Plaintiffs in the action, Chan discovered, for about $1,400, which Fu-hing, Chan Sik-tin and Chan would be the amount each witness Kwok-nim, who allege that, two would have got if their action mortgages in respect of the pro-, succeeded? perty were executed without their

NO SUGGESTION knowledge or consent and that

Regarding the identity of the the signatures on the mortgage third plaintiff, Mr, Potter stressed deeds are forgeries, are seeking that there had been no suggestion declaration from the court that whatever that the marriage cer the transactions are fraudulent. tificate of Chan Kwok-nim and Mr. Potter and the Hon. Mr. his wedding photograph were not Leo D'Almada Castro Jnr. authentle.

e

instructed by Mr. C, D'Almada, are

Photographed at the Fanling Hunt meet on New Year's Day.

CONSTRUCTION CO. OWNER TESTIFIES

CLAIM AGAINST ARCHITECT ·

Further evidence was taken yes. terday when hearing was resumed at the Summary Court before Mr." Justice R. E. Lindsell of the action

GENERAL

RAPE APPEAL DISMISSED

FANLING LODGE CASE SEQUEL

Ajit

The appeal bought by Singh, Indian constable, agalust conviction for raping a Chinese woman at Faning Lodge on November 20 last, was "diariissed yesterday by the Fall Court of Ap- peal consisting of the Chief Justice, Sir Aholl MacGregor; and Mr. Justice J. A Fraser.

Mr. Perry Chen, Instructed by Mr. C. A. Sutherton Russ, appeared for appellant, while Mr. T. J. Gould, Crown Counsel, was for the Crown

The grounds of appeal, against the "decision of Mr. Justice R. E. Lindsell, were: 1. That corrobora- tion of the prosecutrix's evidence Was unsatisfactory in law and in practice; 2 That the verdict was against the weight of evidence given at the hearing, and (3). That there was a miscarriage of justice resulting from misdirection to the fury by the, trial judge.

Against the prosecution's case that there had not been consent, sald Mr. Chen, the defence had shown from the start that the wo- man was a consenting party and had been the keps mistress of the appellant.

The medical evidence, sald Mr. Chen, was wholly in favour of the appellant

VITAL DISCREPANCIES

Furthermore, the Land Register acting for plaintiffs. Defendant, in respect of No. 164 Des Voeux Fung Kai-sun, is represented by Road Central, which was a pro- Mr. H. G. Sheldon, KC. and Mr. perty owned by 10 persons, show- H. C. Macnamara. instructed by ed two separate names among the Mr. M. M. Watson.

ten, Chan Kwok-nim and Chan Recounting the evidence of the Kwok-ylu, which was the allas of 14 witnesses on the plaintiffs' side. Chan Chung-vah. Mr. Potter sald that all the The Land Register in respect of evidence had never been seriously No. 192 Queen's Road Central challenged by the defence. He did showed Chan Kwok-nim as sole not agree with" Mr. Sheldon that owner. No attack, sald counsel, the case was an unusual one, but had been made on the power of there was an extraordinary, even attorney given by Chan Kwok- unique, element, and that wasnim to Chan Kwok-ytu to act for brought by Kwong Yiu-wah and that the defence had not sald a'the former for the purpose of se-Kwong Foo-chuen against J. S. Comsel sald he wished to point word about the evidence given by curing a new Crown lease. Mr. Gibson. architect for recovery of out several serious and vital dis- the 14 witnesses.

Potter pointed out that the deea part of the fees alleged to have crepancies in the evidence of the of surrender did show Chan Kwok- been paid for the preparation of woman which the trial judge had The evidence that third plain- as signing for Chan Kwok-plans for a feather factory in Kownos put, to the jury. One was that tif had actually bought a "one-

the woman had been consorting third share in the property in 1928

Going through the evidence of Mr. F. L. Zimmern is acting for with the appellant many times. and had been identified by the the principal witness for the de plaintifs, while Mr. H. L. Kwan is The medical evidence, continued first plaintiff, who also purchased fence, Lo Kwok-min. solicitors for defendant,

1 Mr. Chen, was not consistent with Fung Tong, owner of the Cheong the story of struggle, and there a one-third share, as having sign- Interpreter, who déposed that:

time, as well as by second plain, Chan Kwok-nim, Mr. Potter sa'd that his firm was engaged to erect on that the woman had submitten ed the documents with him at the third plaintiff was not the real Kee Construction Company, said was no suggestion by the prosecu- tiff who purchased hy share a that to could not be called a wit little later, was either trie or false, sald Mr. Potter.

TRUE OR FALSE

nim.

ness of truth.

GRANTED POWER

loon.

"

Work was begun in

the factory. August last. and he knew that 14 without any evidence to support it, r terror. Yet the trial judge, per cent. of the contract price was explained away the fact that there The defence said that it was In May 1935, said counsel, Lo

to be paid to the architect. false. but what motive did they was introduced to two persons as

CERTAIN MEETINGS

were no marks on her body, by suggest, asked counsel. The sugges- nrst and second plaintiffs by the in September between the architect, orised. On

Witness told of certain meetings saying that the woman was ter- that ground, 'satd tion that there was dimeulty in man whom he described as Chan and Kwong Shes-ming, the plain-counsel, there had been a miscar- partitioning the property was not Kwok-nim. when less than a year: tits agent, and between the two age of justice. good enough, as there was no ago he had interpreted to this and the first plaintiff. at which he "UNSATISFACTORY FEATURES" difficulty in mortgage property, same man a document wherein he was present, and when the fees ant negotiating it in any way was granted the power to act as were discussed.

In dismissing the appeal," the where it was a tenancy in com- attorney for, Chan Kwok-nim. He said that Kwong told defen- unsatisfactory features" of the Chief Justice .referred to certain Regarding the evidence of Tam dant that it had been arranged case and said the only question The other suggestion, that wit- Chak-lam, the articled clerk, who with Chau Pax-yuen, connected nesses had gone to court to com- said that he had heard Chan with defendant's firm, that the WIS whether they had beex mit deliberate perjury in order to Chung-wah. use the name Chan fees would be $200 and 11 per cent. brought about by the conduct of secure $20,000, the value of one- Kwok-nim, Mr. Potter submitted of the contract price. At a later the judge. The answer was clearly third share, which could be got by, that that was conceivable if Chan meeting. Kwong offered Gibson in the negative, he thought. having someone. Impersonate Chan Chung-wah was impersonating his three percent. Kwok-nim as.. third plaintiff, did brother, Chan Kwok-nim, which first plaintiff, he asked the latter said is Lordship, which the trial When Gibson met: There was no material point,

not hold water, said Mr. Potter, counsel suggested was what for five percent, but first plaintiff judge had not fairly put to the Could it be seriously believed that, Chung-wah had been doing.. offered only three percent.

jury. The responsibility for any people would support à false, case, The bearing will be resumed: The hearing was adjourned to miscarriage of justice

is the and risk possible loss of liberty if this morning.

January 16.

'jury's and not the judges.

mon.

PERSONAL LUGGAGE, NOT

CARGO

Hung Cheung-mo, 48, of Nu. 45.

Bonham Strand East, appeared

currency.

DISTURBANCE AT INTERNMENT GUN-BATTLE CAMP: TWO CHINESE SOLDIERS ON BORDER SENT TO GAOL

ASP.'S STORY OF INCIDENT

WEDDINGS AT REGISTRY

The marriages took place yester- day at the Registry, Supreme

CLASH BETWEEN ROLICE & ARMED ROBBERS

ม

before Mr. R. Edwards at the Cen- tral Court yesterday charged with bringing into the Colony unmanis

Two Chinese soldiers of fested cargo, consisting of two suit Argyle Street Internment Camp. Smith, Registrar of Marriages, of of Dolice officers led by Mr. G. S. the Court before Mr. T. 8. Whyte-gun-balle between a party cases containing $54,000 in Chinese Nam Tak-ft, 27, and La Kuen- MT. Kong Yu-chong, merchant, of Wilson Assistant Superintendent i currency, and $3.500 in Canon tong, 30, were sentenced to two No. 370, Prince Edward Road, and of Police, New Territories, and a months and three weeks' hard Miss Wong Yuen-chee, of No. 8, fant of armed robbers occurred The defendant, was represented labour respectively, at the Kow- Victory Avenue, and Mr. Tong near the border in the marshes! by the Hon. Mr. M. K. Lo, while loon Court yesterday when they Yau-chuen, allas Tong Blu-slk, of at Lokmachau shortly after mid- Acting Chief Preventive Omeer A appeared before Mr. E. Himsworth No. 96, Robinson Road, and Miss night yesterday. W. Grimmitt prosecuted.

Mr. Lo submitted that the de- turbance at the camp on Monday Street.

on charges arising from the dis- Yeung King-yin, of No. 10, Mosque fendant who was $ traveling afternoon when the police were trader, was instructed to bring the obliged to carry out a baton charge suitcases to Hongkong by a Hong as a step towards restoring order. kong bank. Thus the suitcases were defendant's personal luggage

START OF RIOT

1

and could not be termed as cargo. The riot started about 3 p.m.,

SHANGHAI STREET FIRE INQUIRY

AMBUSH PREPARED

The police, it is understood, re- celved advance information of the gang's plan to cross into British territory from the Chinese side of the border on raid, and an ambush was prepared.

The robbers were intercepted,

The case was withdrawn. Mr. Mr. W. P. Thompson, Assistant The disastrous fire at No. 482, Edwards remarking that he could Superintendent of Police, Kowicon, Shanghai Steet, on the night of and an exchange of revolver thots not come to a definite decision, told the Cour Some 20 or 30 Monday, Dec. 4 will be the sub- took place that lasted about an with the facts before him.

internees, arming themselves with Jech of an inquiry to be held at their heels and several made their hour. The robbers finally took to bedboards and cooking utensils, Kowloon Court, commencing from sought to prevent the arrest of one this afternoon,

escape across the border,

THREE BODIES

POSTMAN SENT FOR TRIAL

ויי;

of their fellows for an infringe. The inquiry, it is expected, will Iment of the camp rules,

occupy three afternoons ME, Q. A It is understood the police later A baton charge was ordered A Macfadyen will alt as Coroner, found the bodies of three members The Shanghai Street are the of the gang. It is believed several

A young postman, 14 King-tai, 21, was committed from Kowloon when 50 or 60 of the resisting Inter- Court yesterday by Mr. Q. A. Anees gathered about No. 2 Hut. Macfadyen to the criminal sessions In the course of the ensuing scuffle, when some of the Internees fought back, second defendant attempted to

Elt him, Mr. Thompson said. ·

TWO IN HOSPITAL

second most disastrous in the his others, too, were seriously wound-' tory of the Colony, took a toll of ed. The polite suffered no casual- 53 lives.

ties.

ALLEGED ATTEMPTED ROBBERY ON JUNK On a charge of attempted rop-

where he will face a charge of larceny of 23 letters entrusted film to deliver on various dates between Aug. 3 and Dec 14, 1938.

A doctor, named Li-Iong, Det-Insp. A E Carey, prosecut-

who was not a local register ing, said that on Dec. 18, acting Two of the internees, who will practitioner, appeared before Mr. on Information received, a police subsequently be charged with hav-RA D. Forrest at the Central bery on board a junk, No. 30887, party bad raided the ground floor ing paradeirated in the riot, and Court yesterday charged with the at the Yaumatt Typhoon Shelter, unlawful possession of poisonsave men, Ng Mi, 18, unemployed. and morphine at No. 1, Marsh Rd,

80 Churi, 20, photographer, Yu defendant, 29 letters were found The first defendant consented Mr. Alfred Y. Hon appeared for shing, 24, Wong Chuen, 18, both

finally to give himself up without the defence and applied for a re- unemployed, Leung Chau, 23, On being charged at the station, causing any further trouble, when marid of 48 hours which was hawker, and Chan Wang, 24, un- defendant is alleged to have ad- he complained, in defence of the granted. Ball was fixed at $500

of No. 228, Sai Yeung Chơi Street. a police constable were hurt, and There, in a room occupied by the are in hospital

on a bed, covered by a matress.

mitted that the letters, bearing the actitude he had taken, that he was, chop "KILZ8” had been given him roughly treated by the Officer-in-

to deliver on various dates, but Charge of the camp.

aa he was too lazy and 'in several *You may find. He mono- tonous and very atmcult in the camp," Mr. Himsworth told the

Cases could not find the proper address, he had kept them.

first defendant in passing sen tence on him, "but that is no reason why you should incite à riot."

employed, appeared before. Mr. E. Himisworth at Kowloon Court yes terday.

The first, fourth and fifth de- fendans were also charged with possession of daggers. They were all remanded three days in custody.

THE

WEDNESDAY, JANUARY 10, 1940. —PAGE 5

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