1941-05-03 — Page 5

Page

HONGKONG. DAILY PRESŠ

Mr. Justice Cressall Outlines Proposed Changes For Legal Profession In Colony

WILL TRY TO DISPOSE OF FOUR

CASES ON AVERAGE DAILY

"There must be mutual co-operation between the Bench and the Profession, and that is why I have decided to make a few sug- gestions to the Profession, which I would like them to consider.”

three

The above is an abstract from a "statement made by MR. JUS- TICE P. E. F. CRESSALL at the weekly call-over of cases in the Sum- mary Court yesterday when his Lordship expressed his views on the conduct of cases in the Summary Court of Hongkong and in which he proposed changes for the Profession to consider and to adopt.

Mr. Justice Cressall began by after an adjournment of remarking that it was his first weeks. call-over day and he would take

NOT BE GRANTED the opportunity on this appro-

Regarding the question of ad- priate occasion of making a few

Journment, his Lordship said, "I remarks to the Profession, HIS

would like to see an unwritten rul Lordship, as я preliminary, re- minded the solicitors that the ma- that adjournments will not be of practice adopted to the effect chinery of the Summary: Court was intended to enable litigants to ob-granted unless good and sufficient tain any relief they seek within cause is shown by the party ap as short a period as possible, con-plying. Delay by a chent in tn-

structing his solicitor is not 'good sistent with the administration of

and sufficient cause in itself." equal justice to all and for all.

"His Lordship said that somè 'con- We all know that the Courté pri- marly exist anywhere, not to de-sternation seemed to have been

GENERAL

H.K. MONEY-LENDING BUSINESS A RAMP "Classic" Judgment Is Recalled

By Our Staff Reporter

"There is one aspect of the local financial situation which the press here do not seem inclined to take up," said a well-known solicitor "Although it cannot be class- ed as a "racket" I do not think I am far wrong if I were to call it a RAMP. But, because its working methods are not "exposed," very few people-outside of those within its coils-know anything about it.

"I AM REFERRING TO THE MONEY-LENDING BUSINESS IN HONGKONG, AS CARRIED ON BY INDIAN MONEY-LENDERS. -

"Although I have never been in the clutches of a money-lender," went on our Informnant, "I know, from contact with those who have

a lot about this matter." had dealings with them, quite

H interest aroused, the Hong-

kong Daily Press reporter asked for further details. Here is the

story:

STORY OF A LOAN

"A man is hard up and in urgent lay Htigation, but to try and ex-caused by his remarks on the need of money. Unable to borrow pedite it. and I think, if the gen-question of the "statement of de- from his friends, he seeks the ald fence." All he want, said his of an Indian money-lender, who, eral public of the Colony will realise this fundamental principle, Lordship, was to be in a position provided he is working and can

to know something about the case produce a guarantor, agrees when he came into Court to hear lend him. let us say, $100. 11

It should follow, automatically,

that any litigation which they are. called upon to commence can only be disposed of satisfactorily if the

1t

"As I told one of the practition- machinery of the Court works ers here the other day, there are smoothly. There must, however, three actors in every trial The be mutual co-operation between Solicitor for the Plaintiff, the So- the Bench and the Profession, and licitor for the Defendant and the that is why I have decided to person called the Judge, and I make a few, shall I say tentative, think the Judge is entitled, as suggestions, to the Profession, much as the Solicitors for which I would like them to con- Plaintiff and the Defendant, to sider.

WILL BE IMPROVED

the

know something of the case which

"The interest, after a good deal of haggling, is fixed at eight per cent per mensem. On the appointed day, the bor- rower-to-be and his guaranter meet the lender, who produces

"BLACK SHEEP"

he is called upon, to adjudicate. OF THE FAMILY

The best way to supply the in-

"At some later date, which can formation he desires is to let him be arranged, I hope a Committee have a short and concise state- of the Law Society, as represent-ment of the defence. It may be ing the practising solicitors in the that questions of costs will arise; Colony, will meet me in Chambers that may be so."

to discuss these suggestions in the.

light of their experience; for I de-

NOT TO UPSET

to

A PROMISSORY NOTE, DULY STAMPED, FOR $200 wäleh the borrower, in his desparate need for money signs and which his friend, as guarantor, countersigns. HE THEN RE- CEIVES $32—the amount con- tracted for, less interest pay- able in advance!:

"So long as the borrower pays his $8 per month he is safe. But, should for any reason whatever he fall to pay the interest for, say, two months, the money-lender will take action against him, in the Summary Court, for $200 with interest at the rate of two per cent. per mensem and, of course, costs of the action

CONSENT GIVEN

"The borrower who, in every case, is in regular employment," writes in to the Pulsne Judge con- senting to judgment and applying for the case to be heard in Cham'-- bers to save it being published in the newspapers.

"His application for Instalments will, in the majority of cases, be granted by the Judge, who is em-

powered to do so ... under Sec-

tion 352 of the Code of Civil Proce-

dure which states that in any

sufficient reason, order that the amount shall be paid by instal ments, with or without interest

Young Indian Sent thereon.

To Prison

Abdool Aziz Rumjahn," 20. uu- employed, of No. 110, Lockhart

sire to say, and I say this very Continuing, his Lordship said he Road, second floor, appeared be- sincerely, that it is my earnest did not wish to do something tore Mr. G. T. Lowry at the Cen- wish that matters which call' for which, would upset the establish-tral Magistracy on two charges of improvement will be improved, and ed practice of many years unless demanding and endeavouring, tổ It is also my desire to assist the by upsetting it improvement could obtain property on forged docu- Profession in every way I can to be guaranteed. He would suggest, ments expedite litigation."

him to

senior solicitor has his cases called

::

"In this connexion, it is generally agreed among the members of the legal profes- sion here that the most "classic" judgment was that given by a former Puisne Judge who, In giving judgment "MỤCH. TO MY REGRET" for the Indian money-lender for the SUM OF $220, ordered the amount to be paid in instal- ments of FIFTY CENTS PER MONTH: "This amount is still being paid by the debtor on the first of each month! "The money-lenders, have them-

selves to thank for this entire absence of judicial sympathy as, always turn down propositions for

in their greed for interest, they

reduce his indebtedness" to the

Libeury, Stiprcane

Court

SATURDAY, MAY 3, 1941 -PAGE 5

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IMPERSONATED

A POLICE OFFICER

UNEMPLOYED CONVICTED ON THREE CHARGES Chan Hung, 22, unemployed," was

if there was no serious objection The charges against him were His Lordship continued to say by the solicitors, that they should that on or about Apr. 7 he ob that he had only been here a few file statements of defence of cases tained the sum of $10 from Mr. days and it might appear a they were called upon to defend. Poon Cheung-lu, of the Eastern little presumptuous for

As an alternative, his Lordship Trading Company, Bank of East make suggestions to practitioners suggested that he would enquire Asia Building, and on Mar, 19 en- who had many more years' ex-from the solicitor for the defence deavoured to obtain $15 from Mr. perience of Court practice and what the defence was on the call- Ng Kin-shing, of Messrs. David procedure in Hongkong, adding over day and made a short note Sassoon and Company, Prince's that "there are one or two out-in his record book. If necessary Building. by virture of letters pur

charged before Mr. H. G. Sheldon, standing things which can form the Court might ask for an am- porting to have been written and the principal snm to be repaid by C., at the Central Magistracy the basis of constructive criticism."plied statement of the verbal designed by Paymaster Commander instalments. A borrower could not yesterday with three counts of im-

fence and thus be in a position to AC. Burton, knowing the same to The first note I made," his know the implications and the be forged and with intent to delender by small monthly paying and metal wrist watch from Lordship continued, "was this the likely length of the case

personating a Police Officer, steal-

over arst, irrespective of the serial of the Court his Lordship remark- both charges.

In connexion with the sittings number that case carries. Well, I do not know the reason for that;ed that there was no statutory and I am not going to make any time laid down and put forward comment on it, but I would like the suggestions that the Court sit this Committee, when they do at 9.30 a.m. with a short adjourn meet, to give me some information ment of ten minutes at 11 a.m. about it and explain to me why a

and to rise at 1.15 p.m. ligant, who, shall we say, fled

FORMAL PROOF his action three months ago and got serial number, 300, should at With regard to formal proof in the call-over day have to walt undefended cases he suggested to while 30, 40 or 50 other cases are take these on Fridays Immediate called, which were filed after his. ly after the call-over or, if that

...AUTOMATIC ADJOURNMENT

"The second note I made was

fraud.

Defendant pleaded guilty

to

terest.

A SOLUTION

ments He must pay the whole loan in, one lump sum, with the the person of Wu Tin, 25, torch result that sometimes he pays maker, of No. 55, Leighton twice the principal by way of in-Road, ground floor, and demanding

$5 with menaces from Wil

Defendant pleaded guilty, to all three charges.

Hill

TELEPHONE CALL Det: Sub-Inspy J. O'Donovan, who prosecuted, stald that on Mar.

Prosecuting, Det.-8gt. V. M.

19 Mr. Ng received a phone Asked to suggest a solution to call and a male voice, speaking in this interest-more-than-principal Marrison said that on Apr. 29 at English, said that he was the ramp, the solicitor said: "Failing 9.45 pm. complainant was taking Commander and knew that Ng the establishing of a debt con- stroll at the Southorn Play- would assist a certain man. ciliation board; to which the

Hennessy Road, where ground, Following the call, defendant debtor, after having paid interest there were many prostitutes. De- came along to Ng bringing with amounting to the principal" sum

fendant came up and accused ten by Commander Burton re-equitable settlement of his debt, complainant of flirting with his questing for $15.

the next best thing to do is for wife. He produced an immigration On Apr. 18, which the first the Pulsne Judge to exercise his Dermit No. 87783, Issued at Macao on what I believe is known here with regard to the statement, of incident- vecurred. Défendant went (1) af the Money-Landers Ord. was a Police Officer..

His Lordship concluded: "Lastly, charge was concerned, a similar right, under Section 2, sub-section for six months, and said that he as the automatic adjournment" claim. I must say, and I say It to Mr. Poon with another begging nance, 1911.

of the case.

To be perfectly frank-again I

qualify this by saying that I have

him a letter purported to be writ- borrowed, may apply for an was not possible for any reason, to

take them on Saturdays.

T POCKETS EMPTIED · quite frankly, that they--in my letter asking for $10.

"But something must be done to He searched complainant and opinion-are, far too bald. This, of course, again involves a delay defendant following these. On to force the lender to accept pay together 4 Taking him to Glou- Several attempts were made by give the borrower the legal right emptied his pockets, pooling al- only, been here a few days I can because, so far as I am concerned, Apr 30 Mr. Li Chung-po of the ment by instalments of reasonable caster Road, defendant took away. not see any necessity for that. I am not prepared to, and will not, Bank of Chins was the intended amounts. Many

hear any action unless reasonable victim. Meeting defendant outside earner has been forced into the the sum of $10.

a sthall wage his watch and further demanded particulars are contained in the the office, Mr. La took defendant bankruptcy court through the re- statement of claim.

As complainant had no morè into his waiting car and drove to fusal of the lenders to accept in-money at the time, he nevertheless tlculars are made in statements of

"I feel that-it-a-few more par- the Central Police Station

stalments. claim practitioners will find in the station defendant suddenly alight- On the way up the slope to the long run a considerable saving of ed and bolted but was arrested by their time in Court, and they will an Indian police guard in Wynd- I would like to suggest for your be- enabled to get back to their ham Street. consideration that the fixing of all offices and do their chamber, work cases should be done at call-over: in a far more shtikfactory man-

Coming to the daily fixing of ner."

don't see myself, why, where a case is listed in call-over, the date cannot be fixed straight away, say 10 or 15 days hetice, and the case heard on that day, instead of ad Journing for a week for apparent ly no reason at all, except to delay the hearing; and; following that

csses, hla. Lordship remarked he noticed that normally there were

MEETING CALLED

L

&

LIVING BY HIS WITS

"Defendant had been out of em- ployment for a couple of years.

He is now making his living by

only two cases listed for hearing, Mr. F. G. Nigel, Acting Secretary his wits all the time. His family one in the morning at: 10′ and one of the Incorporated Law Society of is here, but he is a sort of black

in the afternoon at 2.36 and suid Hongkong, and, in the absence of sheep in the family, He has

"The amáll wage-earners form the back-bone of the consuming, publie and if their financial structure was to col- lapse so would the local retail -markēt,"

*

NUNNERY RAIDED: NUN KILLED

asked defendant to come round to his shop in the morning. The latter left uttering threats

⠀⠀ They met the following day as agreed upon, ouï an argument en- sued, during which complainänt sent one of his fókis off to inform the Police

A fine or $200 or unree months

hard labour on the first charge

and two months on each of the other two charges, the terms to

One nun was killed and an- fun consecutively, who fairiosed.

he would like to be able to fix more the Secretary (Mr. D. L. Strellett), made his family very unhappy be other wounded when six men and try to dispose of an average said a meeting of the Committee cause of this case and his previous armed with revolvers attempted to Ela hobby was the collection of of three or four cases a day. He will be called on Wednesday 'at convictions," added the Inspector. [enter the Lo Han Ngam Nurinary match-box covers, of which would like, H. possible, to continue | which he would inform them of It was stated that defendant at Shek Pik Au Village, Tung claimed to have the largest collec- a-defended take once it was starts his Lordship's suggestions. He had three previous convictions. Chung; Lantau Island, on Thurston in the worl 30,000, all ed, day by day until it was intah- would propose that a sub-com- He was sentenced to two months' day night.

dvd alferent. He used to exhibit thein

ed and added that there was noth-mittee be appointed to discuss the hard labour on each charge, the Detectieg was Kwor Bheng, 28, for/Cr haipar funds up and ing worse than for a member of suggestions and he hoped to re-sentence to run consecutively, and and the wounded, Trang Cheung- down the country and for this the Bench to be called upon to port to his Lordship before the two years of Police supervision at yden; 50,400

effort was made governor of six- pick up the threads of evidence end of next week,

teen hospitals

the expiration of his term.

Nothing was reported stolen.

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