1924-10-21 — Page 3

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THE HONGKONG TELEGRAPH,

TUESDAY, OCTOBER 1, 1924.

CHINESE. CLUB SWEEP to which might require to

be decided, were thereby referred to the award and final decision of THE CLUB REPLIES. We have received the following the Ave named arbitrators, (mem- bery of the Chinese Club): The from the Chinese Club:

With reference to Mr. Brutton's agreement provided that neither of letter relating to the above, which the parties should bring or prose you published, I ani directed by cute any action against the other my Committee to lay before you or against the arbitrators in Dj The matters in shortly the circumstances of the respect

the in respect of matter so far as the Chinese Club difference, or

is concerned, not because the Com-Bald award to be made in par- mitice agree that "It is generally suance of such subinission. '

6. After a lengthy and exhaus believed that the Chinese Club has pald to Mrs. Violet Chan, the live enquiry by the Arbitrators, Club's premises, in owner of ticket No. 03066 in the held at the Chinese Clubs Sweep of the Hong-which proceedings Counsel, in- kong Derby, 1923, the value of the felructed by Solicitors, appeared first prize" (for the Committee are for both parties, the Arbitrators, satisfied that there is no such by their unanimous award. dated general belief); but because of the the 6th July, 1923, found and

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implication contained in the last awarded that Chik was the owner THORNYCROFT. paragraph of Mr. Brutton's letter, of the ticket, and that Mrs. Chau

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of the Arbitrators' improperly, and in breach of fund in view honour, withheld payment from findings the contingency that the Mra. Chan. Such implication is ticket might thereafter be produc- ed by Mrs. Chun became irrelevant unfair and unjust,

2. It will be recalled that after to the question as to the true the race had been run and won, on ownership of such ticket as found the 1st March, 1923, two rival by the Award.

7. It is true that the Clut claimants appeared for the win- ning ticket, viz., Mrs. Chan and should not, and would not, bo bound by the Award, but it would Chifk Sung-Ing.

3. Now, according to the condi-Ino doubt "give the Award of the tiens under which the tickets were Arbitrators its most weighty con sold, where an owner of a ticket sideration when the Club comes to loses his ticket he must, prior to consider the question of payment the date of the drawing, report after the Award, has been made,' such loss to the Club, and if such and as the Club saw no reason for previously declared lost ticket differing from the conclusion ar- draws a prize, and If.no other per-rived at by the Arbitrators which, Kon comes forward to claim such by agreement, was in fact to de a prize within six months, then elde the rival claims, the only such owner who reported the less honourable and passille attitude before the drawing could receive for the Club to take up after the

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the prize after a thorough investi-Award was to make the payment to IF NOT A THORNYCROFT-BUY AN ENTIRELY BRITISH LORRY,

gation by the Club, and on an the claimant so found to be the true)

the full adequate guarantee. But even in owner, and accordingly

this ease payment by the Club in amount of the prize was paid to about the 9th egratio. Since the loss of the Mr. Chik on or ticket 0:1066 was reported, not October, 1929. prior 13 the drawing. but 8. Strictures was passed by Mr. | subsequent to the race, and since Brutton on the form of the guar- in fact no one produced the ticketfantee given, it being characterised within six months from the draw-as "a worthless document, for in ing, the Club, under the conditions, the way in which it is framed it was under no liability to pay any-imposes no liability on the guar- one at all.

intois," who agreed only to reim- Now to get in accordance burse the Club if the Club "be by with Its strict legal rights by with-law compelled to pay the $50,400 holding payment altogether was to some other person," but it will Jobviously and

disaste-have been seen that:

1.

naturally

ful to the Club, and the Clob there-1 (a) to view of the Arbitrators?

And as

fore felt that the only fair way of solving the problem was to pay the money to the one of the two elaim ants who should inter se be proved to have a better claim. the then Solicitors for both claim- ants desired the rival claims to be referred to an Arbitration by Ar- bitrators to Inapprinted by the

lub, the Club's Solicitors. March 23rd, 1923, wrote to the Solicitors for both claimants, inter Inline as follows:

"With reference to your inter- view with our Mr. M. K. Lo in the course of which we were given to understand that you us well as the Solicitors for the other side aer not only willing.

at anxious, that our clients, the! Chinese Club, should appoint Arbitrators to inquire into the question as to the pawnership of The ticket No. 03066 as between your client and the cent of the Solicitors on the other side, we! are instructed to inform you! that the lab at the request off

Y

(c)

findings the contingency nổ | the subsequent production of the ticket as affecting the ownership of such ticket, as Arbitrators. found by the could not arise.

The Club having paid away the prize to one of the two claimants, who was declarel I be the owner by the tri- bunal chosen by themselves and by whose decision both claimants agreed to be bound. his discharged the whole of its obligations, whether legal, moral, or as IL Inatter. ut honour.

The rules do not provide for the circumstances of this case: thelp reference to a guaranter the M no applicability: goaranted in fact obtained was merely by way of ex abundante rautela in order to protect Ike | Club from any conceivable, hut then unforeseeable, contin- geney of legal Hability.

9. In view of the circumstances.

Brutton

or

the parties is prepared to ap-abave narrated, it is difficult for point such members of the Club the Committee to appreciate how as are willing and as the parties

anyone elsel shall agree to, to act as Arbitra-

ean possibly conceive that Mrs., tors to inquire into the owner-

Chan has many right ar claim ship of the ticket No. 3066 as between the two present clair-batsiver, for the payment of the ants, on the following terms and prize as the owner of the tieket, Xo!

GGGG. Ft. maist live been within conditions, viz.,

That the Club will not the contemplation of both clamanty] be bound to act accord-hat, as between themselves, the

and the Arbitrators! ing to the Award of the Arbitrators Arbitrators.

only, could decide the question asi That the Club reserves to the true ownership of the all its rights and that ticket. And in this munuection, the the position of the Club] following quotation from a letter! In law shall be deemed actressed by Messrs. Geo, K. Halli to hu absolutely exactly Brutton and Co, to the, Chib's the same as if no such Solicitors, datejl the 6th May, 1923, Arbitration had taken

nukes interesting and illuminating place.

rending:

(2)

We need scarcely add, that. entirely without prejudice to the' above reservations, the Club will no doubt give the award of the Arbitrators is most weights ⚫ consideration when the Club

comes to consider the question, of payment after the award has been made,"

5. On the 16th May, 1923, anf agreement was made between the claimants ( copy of which was sent to the Club's Solicitors), in which, after reciting that disputes and differences had arisen and were still aubsisting between thei parties thereto as to the ownership: of the ticket, and after reelting that the parties thereto hnd agreed to refer the question of the owner- ship of auch liekot to arbitration; It was formally agreed between the parties Inter alfa that tid question as to the ownership of the ticket, and any other question or questions incidental there

We have today revived a letter from Messrs. Lee and Russ envlosing copy of a letter of in)

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day's date addressed to you in not be surprised that when Mr. Ng the above inutter by Mesars. Lie on behalf of Mra Chân, by a letter | And Hass We wish to plney on to the Chairman and Committee of record at once that we do not thờ Club, dated 20th September, ngred with Mokers, Lea and Russ* 1924, formally applied for the pay- suggustion that there is no neces-}ment to Mrs. Chan of the prize, tho sity for the Arbitration by the Club' Solicitors should reply that Chinese Clubs, and we have today their clients do not admit that informed Mr. Russ on tho tele- Mrs. Chan has any right to anim phone, and are writing him paymont, of the sum of 850,100, the lotter to the, spune effect. The first prize in the Swoop," nor that libal betion ornnot decide the own when Mrs. Chan, Mr. Ng and Mr. eraldip of the tricket. The par Brutton-In the face of such intima- tles being Sydney Ng Quinn ag tion-attended. at the Club, fo plaintiff and Ghik Sung Ling as Club's Bolicitor should state that the defendant. It ennnot Ibumforo Club could make no payment to an between Chik Bung Ling and Mrs.

·Mrs; Violet Chan decide who in the owner of the ticket, whibrons the Arbitration will decide this! 10. Your roadfers therefore can

Chan-Yours faithfully,

Fung Max-Sor Hon. Secretary

By Order of the Committee,

THEATRE.

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