1915-08-12 — Page 9

TO-DAY'S

LATEST WAR TELEGRAMS,

[Reater's S. rvice to the "Telegraph."]

BRITISH PATROL BOAT SUNK

GERMAN AUXILIARY-CRUISER-BLOWN-UP,

THE HONGKONG TELEGRAPH

SECOND EXTRA

August 11, 9.20 p.m.

The Admiralty announces that the small patrol boat Ramsey, commanded by Lieut. H. Rsby, was sunk by the German Lanxiliary oruiser Meteor on the 8th instant in the North Sea. Four officers and 39 men were saved.

The Meteor was subsequently sighted by a British squadron of cruisers and the Commander realizing that aspe nas imposible, ordered the crew to abandon the vessel, and blew her up.

FRENCH COMMUNIQUE,

LITTLE DOING."

IMPORTANT LEGAL DECISION.

Continued from Extra."

August 11, 5.15 p.m.

HONOKONG, THURSDAY, AUGUST, 12 1915.

THE HONGKONG INVESTORS HAND- BOOK.

Her Majesty had alwaye immovables they must descend by Chinese law, that the children this Act to Hongkong. One fact inherent in her the right to change according to the Statato of Die of the principal wife (Tusi) and is ob7 as that hie Colony could the law, as indeed the proclama- tribalions; and this view was those of the secondary wife or not have come within the par- tion is careful to announce, and concurred in by Gomperts Judge: concubine (Taip) are treated alike view of the words "other places' the only question remaining is

The same point was raised be as lawful children and that an in the Act of Charles II because Ussful Publication hy ky ical Man, whether this was done by the fore me in chambers on origina- adopted, son is treated in all re- at that time Hongkong was not a Supreme Court Ordinance, the ting ammo, avowedly with the specte as if he were the natural British Possessio1, Possibly the kong Investors' Handbook an provisions of which I hayereferred object of obtaining a decision of and leafal ton of the person to explanatin is that the ancient

We have received ↑ The Hong- to. it is perfectly clear that the Appeal Court upon it. Certain whom he is adopted. Statute of distributions would not authorities were cited in support Now a law which permits poly-and other places which had been ion by Mr. W. G. Worcester, and customs flacting London York exceedingly useful little compila pply to a Chinese family, and of the appellant's contention, bat, gamy, recognises the rights of the abolished under the Aot 19 and one that should commend itself to therefore it could not have been in view of the decision of the Fall issue of such marriage and 20 Victo. 91 affected the persons local stocks and shares. The made the law of the Colony on Court in the case referred gives an equal statue to an concerned, wherever they were handbook gives a complete list of all those who are interested in less its operation was confied to to" I considered ann-Chinese.

myself adopted son, is clearly so much and the Legislature considered This was in fact bound by it, and what seems to have been done, Indicating any

the common law of China wae. I disallowed t

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2

duards.

British

Sergte, and 13 men, Chinese 1 Berg), and 7 men, Indian 7 men. 2 Bergte, and 7 men, Portuguese

Defaulters Guard,

The 11 men of No. 3 Platoom

withon at variance with the English law that the abolition of the special all these various Hongkong under- opinion relating to marriage, succession enatoms concerning the distriba-takings, with particulare se to secured to the Chinees' inhabit Hence this appen),

application and next of kin, as to demonstrate tion of personal estate in certain capital, directorship eto,, and asts as it bad existed prior le

the atter icapplicability of the other places" may possibly operate

drawa attention to some interest Now it is, I think, common Statute of Distributions to Chias regards Ollness custuns in 10g comparisons in the dividends The camion and the Suprams grand to all parties in this spasse succession. Court Ordinance then proceeded peal that the ez locii governa the But it is said in the authority necessary to pursue the reasons,

Hongkong I hardly think it is paid from year to year.

people the law which had been question is, what is the lex locis, 266 that the State of Distribut caused the Act to be brought into POLICE RESERVE ORDERS: to apply to the rest of the devolation of lesesholds and the of in ra Goodman'a truste 170.D. apparently conj otural, which granted them by proclamation having regard to the laws and ions is not a Statute for English force here; but what is important and which was in this case the customs existent in the colony? [Statute of distributions. I deduce

men only, but for all persons and is the fact that the legislature in Police Reserve Ordern issued this from the proclamations, the proclamation isaged in 1841 in determining kindred is the incastoms and neages of Chinese (Reserve) state :---

We were referred 10 the that the proper law to be applied express terma preserved the to-day by Mr. F. C. Jenkin D.8.P. evidence that we hate of the at the time of the cession of ternational law adopted by the people in the distribution of the practice of the Bapreme Court the island to the British so nity of states; and we are ask personal existe of Chinese paradha.m.-Details for Geard duties (Central Police Station) 9.45 and of the Obiness residents and Orown. The first proclamation ia ed to apply the lex domnielii, that dying intestate, which had receiv from the Ordinance No. 1 of by Capt. Elliott, "the Chief is the law of China, in so for as ad distinct recognition in the

fo: Thursday, Friday, Saturday 1857. 1 have already expressed Superintendent of Trade and Her the status or legitimacy of chil-language of the Proclamations at my view of the exception to the Majesty's Plenipotentiary in dren is oopcerned. Mr. Pollock the time of the oession of the 12th, except that Bergt-Major and Sonday, August 12th to 15th, application of the Act to amend China". It declared that" pead invites us to recognise the chil Island; and of which the Legis- Roylases will act as O. O. Guard are ss pablished on Angast llib/ the Satute of distributions made ing Her Majesty's pleasure the dren of polygamous marriages, lature may I think ba presamed by that Ordinance and I need not natives of the Island of Hongkong but not so the moiliers to bave taken fall cognicance. So on Saturday, the 14th. repeat it. It is clear that that ex- and all natives of Chins thereto of those children- ception recognizes Chiness resorting shall be governed no- the adopted sons both classes beance in aid in the solution of the

Monday, August 16th or far we can rightly call the Ordin- law and custom to be still cording to the lawe and castoms ing inconsistent with the Statute subject in question and it is not A Pa is communique saya that the day has been without the law governing Ohinese of China, every description of Distributions. Mr. Alabaster on necessary to go farther, feature, except for a German abortive astook at Scachez, and a most succession in the Colony, for there of torture excepted" and further the other hand declined to recog Now as zegards the judgmentof violent German lombardment in Arg-nne.

is only one Chinese law and there that "pending Her Majesty'e nise the exclusion of concubines Gompertz J. in Lisa Leung Shi's and the 10 men of No. 4 Platoon are no local customs varying it, pleasure our British subjects and or adopted children. Whilst Mr. oase I agree with the remarks of of the Chinese Co., absent from and it must apply to this in foreigners residing in or resorting Jenkin assumed an attitude of the learned President and will Parade without leave on Tuesday, the free exercise of their default of any other. Bat the to the Island of Hongkong shall neutrality on some issues but put add nothing. I can see co justi Aug. 10th, will report for Gustd religious rites, ceremonies and enactment of the Ordinance seems enjoy fall security and protection in a strong claim for the recognification for placing focial customs, and in the en- to me to do more, it recognizes according to the principles and tion of the issue of polygamon limitation on the words per the 12th inst. The Platoon Com-

#ach joyment of their lawful private the application of the statute in practice of English law."

duties at 9:45 pm. on Thursday, property and intereat." It has the Colony, for, if the statute haď

marriages.

sonal estate," and I cannot agree manders will also attend, and in force in the Colony, except so been claimed and I think with not been applied, it clearly would issued: at the same time to the obvious principles which governance has no reference to immeve names of the men concerned.

The second is a proclamation Apart altogether from certain that persoanl estate in the Ordin will band to the O. 0. Guard the far as the said laws are inappli- some point, that whereas the be annecessary to apply a statute Chinese inhabitants of Hongkong the construction and application. ables." cable to the local circumstances of worde pending Her Majesty's amending it. We thus have an by which, the inhabitants are of English law the diversity of the Colony or of its inhabitante further pleasure" are applied to enactment sixteen years after the secured in the free exercise of the views expressed by Counsel de argument that as leaseholds had Gasrd daties on the 11th inst. There was a suggestion in San, having reported. Late for Wong Yik Chee sid Chan Pat and except so far se they have the interim arrangements, they do proclamation and thirteen years religious rites ceremonies and menstrate the impossibility of no existence in the Colony in will report vihemselves - been modified by cases passed by not appear in this last quoted after the first Supreme Court social customs" and they are applying the English law to the 1843 and were in fact a creation Charge Romat 8:30 p.m., sharp the raid legislature. In the case clause.

Ordinance, recognising the ex-"to be governed pending Her Chinese family system, sad to do of the Breisk Government the when next on dats, dra of Belilios v. Ng Li Shi reported The words "the-exercise" of intense of a state of low in the M-rjesty further pleasure accord so would in my opinios not only preser a ion of the low as to in the Daily Press

of social customs and the enjoyment Colony which I have endeavoured ing to the laws customs and violate the assurance of the S Chines customs could have no the 26th January 1893, Feilding of their tawial private property to show was in fact set up by the assgor of the Chinese (every des vereign contained in the Frorelation

Porturasse Co. Platoon Commanders, of the Clarke, Chief Justice, for and interests" old clearly cover legislature at the beginning.cription of tortare excepted."

to leaseholds. The Portuguese Co., ere barely D clamations I have alluded to bat suggestion reasons in which I concar beld succession to property and it This soif recognition of the ex- It is therefore clear that at the would improperly override the fallccions. What is preservad their backward men and recrans

is I think that this section being a re-ensot-would seem from Mr. Rosa's intence of a practice which at that cassion of the Island to the British Chinese family law which in ite are the

quested at odde to rend s list of ment of earlier legislation must be affidavit that they were in prae-time had existed for some sixteen Crown express reservation was essential objects ie, the carrying the succession to personal estate who is responsible to send same customs relating to to Crown Sergeant 0. M. Alre construed to mean that the local tice eo interpreted by the Chinese years confitme me in my view of made on behalf of the Sovereign, on the family succession and the and this includes leaseholde. oircumstances must mean the cir-resident in the Colony, whether what the legislature intended and in so far as Chinese were concern ancestral worship is all important cumstances of the Colony on the natives who changed their alle-in fact did, when under the cir-ed, of the laws and customs in the view of the Chineze.

The questions which I have 13th inet before noon

in to the D. 8. P. on Frid 5th April, 1843, it is necessary giance or subjects of the Emperor cumstances exiting in the Colony of China, whilat extending to

elaborated should in my opinion therefore so look closely into the of China; and though the existing it provided for two laws of sac British subject and

I may further refer in regard be answered sa follows:--- circumstances of the Colony at tenure of land was changed to the session side by side.

fore-to the question of the applios- igners security and protection bility of the English Act to poly, the recognition of the dual system We have express sanction for the time. By the treaty of Nank- tenure under Crown lesse there is ing, signed on the 26th June 1842, nothing in much change to affect must be allowed. and the words principles of the British law; thus by Chinese castoms to the cases and in Ordinanse 1 of 1857. Fur The result is that this apps according to the practice and gamona marriages as recognised of law both in the Proclamations the inland of Hongkong was the assurance to the Chinese given" in accordance with Chinese law recognising a dual prospective cited, which show that no onion, ther Chinese customs are express the thembers of the Royal Hong

Royal Hong Kong Golf Club, ce led by the Emperor of Chins in the above quoted proclamation and custom" be inserted as system of law in the Colony.

An extraordinary meeting of to Queen

to be 1 now return to the first of the prayed, the Chinese law and cox-

will be recognised in our Cartely recognised in a number of governed by ench laws as Her two proclamations I have quoted, tom in this case being that which Ordinance 1873 section 3.(which which are in confi ot with those ing Ordinances 7 of 1875, 10 of the club house, Happy Valley, tow Now by the Supreme Court which is founded on principles local Ordinances vide the follow- kong G. lf Club will be held at Majesty shall see fit to direct. and I find that besides that part applied to this part, of China in re-enacted the old ordinance of generally recognised in Christen 1905, 15 of 1008, 94 of 1910, 42 of morrow af ert oon at 5.30. Notwithstanding what fell from which deals with Chinese cus- 1843, and which contulera is that of 1846, real with 6 of 1845) dom. Hyde v. Hyde 1 P. and D. 19.2 A perusal of the laws of the the learned Chief Jastics in the tome s further rarapraph pret out in the afidavit of Mr. Lia" Sach of the laws of England as 130; Rs Bethel 38 C.D. 220; In Oslony taken collectively show sad will take place at Singapore,

A Singapore Bügagement. ease of Marty. Oban Uolaiming that

A marriage has been arranged foreignera Wei Chang and Mr. Bose.. existed when the Oslong obtained Brinkley v. Attorney General that the object has been to Chi that Hongkong must, so far residing in or resorting to the There is a small amount of a local legislature, that is eay (1890) 15 P.D. 76, Lrd Hannen establish in a British Colony & Norman Winter of Malacos and as was material, be considered as island of Hongkong, shall enjoy pure personalty in this case of April 5 1843, shall be in saida marriage which is 10t system of British jurisprudence Grace Evangeline, the eldest on September 4 between Harry unsettled at the time of cession, full security and protection, 80 about which there is no dispute, force in the Colony except s that of one man and one woman, in so far pa it is not inconsistent daughter of Mr. and Mr. Alfred I have no doubt that the cording to the principles and It goes by the lee domicilii which far as the said laws are inspplic-to the exolusion of all others, with Chinese usage and custom. Sheffield, of Singapore; formerly island was prior to its cession practice of British law." Though in this caes is the same law as able to the local circumstances of though it may pasa by the name With these authorities before usl part of the dominions of the Em- these two parts of the proclamation the lea loci,

the colomy or of its inhabitants of a marriage, is not the statue think we shall be giving effect to

of Hongkong. peror of China and that its in- are made "pending Her Majesty's habitants were subject to Chinese farther pleasure" they show that have their costs out of the estate, been modified by the laws passed plates when dealing with the sub-in holding that the Statute of Beckwith B. N., at the Marine

I think that all parties should and except so far as they have which the English law contemthe intention of the Legislature

Harbour Offence. Before Commander C. w. low and custom which they the existence of two systems of The Chief Justice: This appes by the said legislature" abserved in reference to no law se applied to two different raises the question whether in the gasstion is whether the State of Brook v. Brook 9 H.L. Cases 193 to meet Chinese family law and Sargeant E. G. Dyke, charged The jet of marciaga ". And in Distributions cannot be applied Coart this morning Acting Lance cassions well as in other classes was ontemplated from care of intestaoy the right of Distribution which governs matters. II proof of the beginning,

in Lord Campbell LC. said "No oustoms sad so far it is inapplic Fong Yat bostmistress with un anocession by Chinese to lease England the succession 13 loss Christian country would recog able to the local circumstances of lawfully masking fast her bost to this wore needed, though the pro- Br Henry Jenkyns at page hold property in the Colony is holds in case of intestacy, is apie polygamy or position is self evident, we have of his book "British nle and governed by Chinese laws and plicable to local circumstances of marriages.

incestuous the Colony. That succession in the e.. Kui Mara whilst ander it in the proclamation of Captain jurisdiction beyond the seas" says customs.

the case of Chinese is governed way in the Harbour on the 11th this Colony and its inhabitante. "I Elliot made in view of the cession "In's conquered or coded colony,

Well then we have express by the aboriginal law i.o. the inst. Defendant was fi od $30. of the island, which contain these the law existing before the con- great importance to the Chinese with Fielding Clarks C.Jin castoms and usages in Ordinance part of China of which Hongkong The question, which is one of may observe that I entirely agree statutory reservation of Chinese laws or customs in force in that

Property Sale. worde," the natives of the island quest or cession is usually pre- community, who constitute the Balition case, for the rearone No. 1 of 1857 passed some 16 formed an integral part before Lammert, this afternoon, property At the salerooms of Mr. G“P. of Hongkong and all natives of sumed to continue until altered, great majority of our inhabitants, which he gave that the lomal cir-years after the occupation of the the camion to Great Britain. China resorting thereto shall be and therefore forms the common has apparently never received the cumstances mean those in exis Cilony. This Ordinanca exten 1- Farther that succession to the Wet and 215 Wing Lok Street situsted at No. 15 Bonham Brand governed according to the laws law. But it is necessarily affect consideration of the courts unti teuce on April 5 1843, and custome of China every desed by the introduction of the law the recent ease of Lau Leung Shi Two further questions arise (a) 19 & 20 Viot, 0.94 "except in co Chinese subjects is governed by 72,400. There was b record ed to the Colony the Imperial Act property in question by other than were sold at the high price pr cription of torture.excepted, of the conquer r as regards ad- and Bimilar proclamation ministration, appellate jariadia Li Po Tour 9. KLR, 118, Can it be so applied that the far as it may be deemed to affect the Statute of Distributions.

when the subject received only next-of-kin may be ascertained the casto os or usages of Chinese The Appeal must be allowed. the opening bid being $40,000. attendence and bidding was brick, was made in Chinese to the sion and so où," Moreover

scant recognition. It was only a by Chinese family law? (b) If it is people, touching the distribution agres as to cants payable as The purchaser was Mr. Young inhabitants. In this latter pro- sny law contrary to the olamation provision is made for fundamental principles of hing there was not, we are informed by family law and custome, canic Chinese persone dying in- I am sure we desire to express Kowloon Cricket Club

subsidiary point in the case and inapplicable owing to Chinese of the personal e tate of between solicitor and aliens. Sui Went the interim government of the lish law, eg. torture, banishment, Mr. Potter, who was counsel in operate in the case of Buccassion testate" That Act was passed to our indebtedness to Counsel on The members of the Kowloon natives pending Her Majesty' or slavery are spae facto abrogat the case, any argament add need as to leaseholds by other than create a uniform administration all sides for their assistance in Cricket Club will be At Home further pleasure through the ed." The proclamation sormito heads of villages and for other be strictly in accordance with to the inapplicability of the Eng: Chinese inhabitants and if not, of intestate estates by abolishing the salation of this interesting to the friends on Saturday after

lish Statute to Chinese onstom what law goreros suob succession? curtain special customs concern- question. A masters, and it is suggested that this view of the law. The com- The Chief Justice, Sir Francis Interesting evidence has been ing the distribution of personal!

noon at 4:30, Kowloon St Ag this is all. But I think it is more mon law of the Chinese in pre Figgott however, as a fast held laid before us by gentlemen who state of intestatis in London,

Team winners of the far reaching than that in its served, torture which was printer alia that the lez Logis governs may fly claim to have expert York a

League, will play. scope; it announces the change of valent was excepted, and the the devolution of immovable pro- kwledge of Chinese law and These customs had beeny reserved too late for insertion on page 4. has kindly promised,

astun other places"

The fo lowing quotation arrived senting the Rest,” allegiance to the inhabitanta and foreigner is exopted from the then guarantees their protection common law of Chins and sub-perty in the case of Intestacy and castoma which demonstrates what under su Aot of Charles In

following certain English author. is, infast common knowledge, that

Shanghal Dook Tis' 60 1/4 walen'; the shield and prizes iwon Vand “they are farther scoured in jouted to “British law."

Considerable argument, took Tis. 60 sales and buyers at Tis. Kowloon Cricket Club - ities he held that leaseholde being polygamy is expressly recognised place as to the object of applying 60,

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Up to the Midute, @2

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