1928-08-09 — Page 12

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THURSDAY, AUGUST 9. 1928.

GUARDIANSHIP ISSUE, ed an independent life and was under the control of only one per- son and that was her busband.

·ARGUMENT ON CHINESE

FAMILY CUSTOMS.

The question of the guardian ahip of a girl, married at the age of six whose husband was absent from the Colony, was argued at great length before Mr. W. Scho- held at the Kowloon Magistracy yesterday when Mr. Hin-shing Lo, defending three women charged with harbouring an unmarried girl, 17 years old, contended that, hav ing reached the marriageable age, the girl assumed a free existence. Mr. E. II. Williams, nasistant Secretary for Chinéac Affairs, ap- peared for the prosecution.

:

BIG MOTOR COMBINE.

STUDEBAKER AND PIERCE ARROW CORPORATIONS,

Mr. Willama said that in, the present case they had to combine English and Chinese Law. Ho argued that a girl under the age

New York, Aug. 8. of 21 passed, on marriage, from the control of her own parents to been affected of the Pierce. Arrow -The virtual amalgamation has the control of her parents-in-law. Motor Car Company and the Stude.. Mr. Lo replied that parents-in-baker Corporation, making the the fourth largest law were not necessarily the guar combination

manufacturing group in the United dians of girl brides.

Continuing Mr. Lo said that in States.--Reuter's American Sor- view of the facts of the case the vice. thred defendants had not in any sense harboured the girl.

Ruling Asked For.

"

Mr. Williams suggested proceed. ing with the ease and then his Worship should make a ruling. 11 was going to leave the prosecution in an awkward position if no rul- ing was made in respect of such

replied that he had only left about a month ago. She saw him every time he came into port.

In view of Mr. ---Lo's request that the husband should appear Mr. Williams neked his Worship what the Secretariat for Chinese, Affairs was going to do in enses where the husband was likely to be away for years.

Walt and See.

:

At the outset Mr. Lo applied for his clients' discharge, remarking the charges were illegal and irre- gular. In certain cases, as in the present case, the consent of the cases. Secretariat for Chinese Affairs Mr. Lo: I cannot allow my was absolutely necessary before clients, to stand their trial on His Worship: I am afraid that the institution of legal proceed these charges. Mr. William's at 1 can only suggest that you wait Hinga against any person.

dinances is an absolate failure. then sce.

There was no information or complaint lodged by the husband, said Mr. Lo. Who could be held responsible 'If he wanted to bring an action for malicious arrest? Mr. Lo asked.

His Worship remarked that it was quite a novel instance that the girl should have been describ ed as being unmarried in the charge sheet.

In the present enne It was Contempt to reconcile the two Or-luntil n case like that arises and sel's opinion that if all the facts On the one hand the consent of Mr Williams then asked what And been disclosed to the Scerethe Secretariat of Chinese Affairs his Worship intended doing in the tarint for Chinese Affairs, consent is neccessary. On the other hand present case, if he wished to watt to prosecute would have been the consent of the husband is for the husband's return to Hong- withheld. The argument turned necessary.

kong. on the question of whether the girl, who was the subject of the charge, was married or unmarried, For the sake of argument Mr. Lo presumed that the girl was not married and said that her nearest relative on the mother'a side would then have legal custody of her, This, kowever, was not. the paint on which he was asking for bis clients' discharge. The point he wanted to establish was that the ghil was a married woman. As a married woman her fatlier-in-law (complainant) was not her legal guardian.

Chinese Customs.

that he

Mr. Williams replied could bring such action, against the father-in-law.

Mr. Lo said that that could not be done, as the father-in-law was hot her quardian.

His Worship intimated that it would be better to start the case and after hearing the evidence of the prosecution he could perhaps decide then, as the facts would be clearer.

Mr. Lo then went into what con- Mr. Lo anid that he must know stituted a marriage according to his position. He said that it was the Chinese custom. A marriage, rather stretching the point to pro- he said, was an agreement aupfer a charge under the Chinese ported by some consideration. in Marriage Preservation Ordinance the main the evidence of such a There was no evidence that the marriage' was the employment of husband was aggrieved.

Defendants' Story,

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Mr. Williams replied that the NEW YORK SERVICE charge was worded in a hurry.

Is Worship said that the charges as they stood should be. dismissed.

Mr. Lo remarked again that the husband's preachco was necessary. if it is His Worship: Even only to prove his existence. Hej might have dropped overboard yes- terday and she (the girl)' might be a widow.

Mr. Williams: I think it would be for the defence to prove that the husband is not alive.

His Worship replied that there was no onus on the defence la prove that the husband was alive.

His Worship: Although, it is; true, the husband need not in- a go-between who brought about

stitute proceedings under Section the legal contract between the

4, I think he should appear as a two families. There was then the Mr. Lo then informed his Wor-witness if only to prove that the exchange of red cards of identity, ship that the girl, two days be girl is not a widow. the enrrying of the red bridal fore the defendants' arrest, had Mr. Williams: Can we never chair and lastly the exchange of herself been taken to the Sham-secure a conviction unless the wedding presents. This latter shuipo Police Station on a charge husband appears? constituted the considerations. of theft of articles from fellow in- His Worship: That's what it In the present case there wasmates. In consequence of that seems to be--without referring to

she left her house and went to thenny authority of course, second defendant, who, however, The defendants were according- was warned against receiving her|ly discharged, by the girl's own aunt,

the agreement and the exchange of wedding presents. It was an error to think, sakt Mr. Lo, that unless, there was consummation of the marriage, it was not a mar- rizugu.

Section 18 of the Protection of That evening the girt again re- Women and Girls' Ordinance, an- turned to the second defendant and der which the defendants werd Mr. Ja argued that the father-by arrangement she rented a charged, says, "Every person who in-law had no more control over cubicle in the same house as the receives or harbours any tumar- the girl than he had over the second defendant. The third de- ried girl, being under the age of moon, because, according to the fendant was alleged to have taken 8 years, knowing that she has Chinese custom, a girl bride on her to interview a prospective hus-been taken out of the possession reaching the age of puberty` as- band.

and against the will of her father sumed an independent existence, until her husband returned.

Mr. Lo asked how could a charge or mother or of any other per- be brought under the Chinese Marson having the lawful care or ringe Preservation Ordinance charge of her shall be guilty of when it was not known where the a misdemeanour,"

Mr. Lo alleged that the girl bad been treated by her father-in- law and that she had been making husband was and whether he was Section 4 of the Chinese Mar- | her own Hving.

married or not or that he wasringes Preservaiton Ordinance Mr. Williams asked his Worship aggrieved. For eleven long years says. Any person who without what would happen if he decided the girl had been living with a reasonable exeuse shall receive or in favour of Mr. Lo. Who was go-hot-tempered father-in-law. There harbour any Chinese woman mar- ing to have custody of girls whose was nothing to prevent her from ried according to the laws or cus- husbands were abroad if they going elsewhere to take up a re-toms of China who has left the were not in the charge of their spectable living, and that was what protection of her husband shall be fathers-in-law?

she had been doing.

guilty of an offence and shall be His Worship remarked that the "This is n case where the hus-able on summary conviction to a Chinese Marriage Preservation Or-band should come in." said Mr.fine not exceeding $100 or in de- dinance was the one to go by. Lo.

fault of payment thereof to impri- Mr. Lo again contended that on The girl was then asked if she sonment for any period not exceed- renching puberty the girl assum had ever seen her husband and Ing three months."

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