1936-02-17 — Page 24

12

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THE HONGKONG TELEGRAPH. MONDAY,

CHINESE DOCTOR

CONVICTED

NOT REGISTERED

AS SURGEON

Bemarking that the use of hypoder mio syringes and an anaesthetic made the treatment according to Western medicine, Mr. W. Schofield, at the Central Magistracy this morning, convicted Lau Wal-man, a Chinese doctor, on a chaing registered, and of practising as a Burgean without

CHATER · ESTATE APPEAL

(Continued from Page 1.) -

FEBRUARY 17, 1936.

FARM INCOMES WILL GAIN

answer the annuity as constituted a WASHINGTON EXPECTS

settlement, and that therefore, lal though no appropriation was in fact regard that as done which ought to made by the trustees, equity, will have born; and secondly, that the gift of an annuity simpliciter charg upon the residue of the estate was just as much a setlement as if the annulty had been charged upon a definita portion of the estate,

"As regards the first of these sub-

the will are as follows:"

INFLATION VETO

Washington, Feb. 15. Congress in not likely to adjourn || before June.

Farm cash incomes Including sub- sides will be more than 10 per cent. better in 1936 than in 1936."

The Currency Infiniton Bill will most likely pass both Houses of Con-

impored a fine of $500;" in default, missions, the material provisions of i grana, although o Presidential veto Is

four months' hard labour.

On a second charge of possession of Д polson, namely, Novocain and three hypodermle syringes, to which n pics of guilty had been tendered, de fondant was fined $250; in default, two months hard labour. The son- tences are to run consecutively. Mr. Schofield also ordered the cordisention of the instruments seized.

Mr. G. S. Hugli Jones appeared for the defendant.

Evidence was given by Detective- Sergeant Kinnear with regard to the rald on the first floor of No. 124 Shanghal Street on February 8 in company with Dr. D. J. Valentine, a Chinese detective and an interpreter, and also detailed the instruments neizo Ho also said that a book, written in Chinese characters, was fount on the premises, and also a stethoscope.

STUDENT'S EVIDENCE

Cheung Hok-chni, a student, next gava evidenco describing the opera- tion performed on him for elreum dision by the defendant, and stated that his face was covored with towel during the operation. He felt as if defertant Ind given an injec tion before the actual operation. and he heard the sound of scissors being used. Witness stated that he

$30 to defendant, for the opera

tion

on him and his brother, who went with him. He was Inter treated by Dr. Cheung Fat-in when complios tions set in, and went to hospital,

Mr. Hugh Jones: Have you known Dr. Cheung Fat-in before 7-Yes

You have been his patient before, have you not?-No. My brother was his patient.

Do you know what qualifications ho haq7---Ile

graduated

Hongkong University.

the

Do you know if defendant graditated in the Hongkong Univeralty 7-I did not think he was a graduate of the University or at any other University

д

(5) I boqueath the following an-

cerlain, preventing the final ennet- ment of the legislation.

nuities, etc., during her lite dollar in foreign exchange is due (o

(n) to my

the sum of ten thousand pounds sterling.

(8) Subject to the payment of my funeral and testamentary ex- penses, etc., and subject to making provision for any annuities be

The weakness of the United States

falre rumoura emanating from Washington. This will be corrected by free but relatively small shipmenta of gold..

New home construction this year will be double that of 1935.

λ

queathed by this my will-or by any care plan to discourage excessive

codlell thereto my Trustees shall invest, etc.

undistributed earnings is under con- surpluses by taxing

be presented to Congress during this sideration by the Treasury and my

session.

(13) declare that my Trustees shall be at liberty, if they so think fit, to appropriate and set apart out of my residuary estate invest ments representing such a capital fand as

srail at the time of appro priation be sumcient to produce the annual aums directed to be paid | ADMIRAL'S SICKNESS by Clause 5 of this my will with such a liberal margin

for con- tingencies as in the opinion of my Trustees shall be sufficient, and 1 declare that when such approprin tion has been made the said annual sums shall be wholly charged on the investments so appropriated in exoneration of the rest of my

The general recovery will continue regardless of the Presidential election.

Swan, Culbertson and Fritz,

estate but that the capital of such approprinted investments may be resorted to in case at any time the income

any hereof is insufficient to any such annual sum or sums, and I further declare that on the cesser of any of such annual suma much part of the appropriated invest-

LORD BEATTY CONFINED

· TO HIS BED

London, Feb. ¡15, ' Physicians have ordered Earl Beatty to stay in bed and take a com- pleto rest due to a chill contracted in January, which was aggravated by his attendance of King George's funeral-United Fress,

Improvement

London, Feb. 18.

A bulletin of Lord Dentty's condi-

Same Anxiety

monta as shall not in the opinion of tion at 1.35 p.m. atates that his con- my Trustees be required for the ditlon if anything is better-Reuter's payment of the other annual sum | Bulletin.

being or sums for the time bei payable under the trusts of this my will shall revert to and form part of my residuary estate and that any surplus income arising from the appropriated investments shall be applied na income of my residuary estate.

NO APPROPRIATION

in accordance with Western medicine.

"The trustees never made the ap- 1. rond

read a newspaper report recom-propriation allowed by Clause 13. mending defendant

famous Had they done so it may be that a doctor.

nettlement as defined by .25 (2) of But in Chinese methods did not the Estate Duty Ordinance, 1832, think

was 14 Westen-trained | Wou

would have been effected and no doctor at all.

estate duty would have been leviable on the cesser of Lady Chater's annuity.

THE DEFENCE Mr. Hugh Jones here submitter! he had no case to answer saying it was

was

to

London, Feb. 10, Earl Beatty' whose health has not been satisfactory recently, in stated to-day to be as well as can bo ex- pected, but his condition gives cause for some anxiety.—Reuter's Special,

AUCCESS.

to call equity, to their ail and ask this Court to say that what might have been done to the advantage of the estate should be deemed to have been done. Nor again does the cało of Harbin v. Masterman (supra) help the appellants since that case decided no more than that in proper cir cumstances the Court will allow remainderman's cisim for the distri- bution of the residuary estate by re- quiring the trustees to set aside

of the legatees.

will,

Lhe

縣

that

than that

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Mr. Macnamara, however, contends that the words in Clause 8 of the will 'subject for the prosecution to definitely annuities bequeath by this my wifwer annalties given by the will. It to making provision for any sufficient portion of the estate to ans- establish that defendant did practise are. per se operativo to require the does not decide that any residuary or try to practiso Western medicine.trustees to make an appropriation to legatee has the absolute right to come

There was nothing in the complain-ru ant's evidence to show that stefendant answer Lady Chater's and the other in at any time and claim such setting annulties, and that the provisions of aside and distribution, and even if endeavouring to perform the Clause 18 are mere machinery allow-It did, I fail to see how it could help operation according to Western

medicine. They had not oven

ven hearding postponement of appropriation in the appellants who are the trustees

the discretion of the trustees,

and not the residuary what the distinguishing features of the Western method and the Chinese despite the failure of the trustcos to "He then proceeds to argue that

DECISION UPHELD method were, and ho submilled, whe

"Nor am I in agreement with the appropriate and set aside any part ther Western or Chinese, it was

of the estate, equity will come second submission made for the ap- impossible to

to differentiate between

their rescue and that of the pelianta: I agree with the judgment the two methods. The complainant had stated he know he was not going

legalces residuary

by deeming on this point of Sir Atholl Mac- Western-trained

have been done which Gregor, C.J. in the Court below. doctor, and he that to certainly had not muggested that by ought to have been done. He relies Apart from the case of A.G. v. Wat

on Harbin v. Masterman, (1806) Ison (supra)

other Judgmenta going to defendant he expected to

Ch. 351, as showing that a residuary relied on, A.G. v. Owen (1800) 2 Q.B. treated according to meleine. It was very unfortunate

Western legatce has the right to have part of 253;. In re Campbell,

1 (1902) K.B. that the result was not satisfactory,

the deceased's estate appropriated and 113: In re Waller (1916) 2

Ch. 163 set aside to answer an annuity given catab

establisheil no more than and the fact defendant may have by the will.

where a testator's will directs used some medicine manufactured in

"In support of his second submiss-setting aside out of his estate of a Europe did not mean that he confined

lou. Mr. Macnamara contends that, fund to answer annuities, such a fund himself to Western surgery, With

even if no appropriation was made becomes settled property, and were regard to the book found, defendant

or deemed in equity to have been most carefully worded to make clear did not know mything of it

Mr. Schofield held that defondant made, yet the bequest of Lady Chater's that this principle should not necess

annuity was a settlement as defined arily be interpreted to conclude the had a case to answer on the ground by 8.26 (2) of the Estate Duty Ordin- case of a simple gift of an annuity in of the illustrations in the book and ance in that it gave her an interest general terms where

there is the presence of the hypodermic syringes, and said it was for the den property which stood for the time trust for payment of the annuity out being limited to her by way of suc of a particular fund (per Sterling fendant to say what

the Chinese cession. He does not contend that LJ. in re Campbell (supra). It is treatment was.

her interest extended to the whole true that the decision in A.G. v. Wat- DEFENDANT'S EVIDENCE of the residuary estate but merely to son (supra) goes a step further in an undivided share thereof large holding that the gift of an annulty Defendant, in the witness box, enough to answer her annuity and simpliciter does give the annuitant said he was a Chinese doctor, having therefore sufficiently ascertainable to an interest in the testator's residuary studied at the Kwong Hon Medical College, Shanghai, where

bocomo settled property.

estate, but this decision and that in ho Icarat Chinese external treatment,

"He has drawn our attention to the later case of A.G. v. Cook (1921) but no treatment in cutting. Only'

number of authorities, all of which 3 K.B. 007, where an annual payment Chinese methods were taught at the

he cited in the Court below, and in was charged on four-fifths of the College. He had received dnstruction particular to A.G. v. Watson, (1817)

instrument or 317) residuary estate, go no further than Bay that the Interest of the with regard to the operation he had 12 K.B. 42, and argues that although annuitant in such a case is such ani

had

a drama as deep as,

the human heart!

ROUBEN MAMOULIAN

1 b D G 10's)

TO-MORROW

no

in

performed on the complainant, and those cases do not specifically had also seen many Chinese doctors establish that the gift of an annuity Interest as, though it does not actual- do it. He had followed the Chinese simpliciter is a settlement, yet they ly pass to any other person on the method when performing the opera leave the point

Ammultant's death, yet is deemed remarks

NOVA PILBEAM-BRITISH CHILD STAR

"LITTLE FRIEND"

A Gaumont-British Pictura.

settlement or other instrument, or

APPEAL DISMISSED any number of instruments, whe "Since the above judgment was ther made before or after or partly written my attention has been drawn before and partly after the com- by the legal advisors of the appel mencement of thin Ordinance, Jants with the consent of those of the under or by virtue of which respondent, to a further case-Ro Instrumenta any Booth, Pleace v. Booth (1910) 1∙Ch. property, or any estate or interest 349. In that case the testator had in any property, stands for the by his will settled his residuary estate time being limited to or in trust upon his executors for A. får lite and for any persons by way of succes- then for other persons subject to the sion, and the term sattled proper payment to B out of the income of ty means the property comprised an annuity commencing on. A's death, ed in the use of liquid medicine and (1910): 1 Ch. 163 at f 158 being visions of acc. 2 (1) of the Finance

settlement.

and had by a codicil given also an medicated thread. Medicinal powders merely obiter; and that the judgment Act, 1894 (37 and 68 Vict.

“In my view «a. (2) 'must be read immediate annuity, to il payable out were also taken by the mouth. He of Lush J. in A.G. v. Watson decides That sub-of the Estate Duty, Ordin- to ma bottlement only if it directs that B had to bear her proportionate that will or other instru- of the same income. It was agrood did not give complainant an injection.

2 of 3.5 of the Ordin-ment is a that an amuity is not at any rate a The book found by the police dealt legacy payable by instalments but an ance, 1032, and it seems clear there the appropriation of certain specifle share of the settlement ostato duty with European medicine. He studied interest in the estate which passos fore that Lady Chator had an interest, property, or an estate or interest in paid in respect of the whole settled It, but did not use the methods des- on the annultant's death to others, censing on her death, in her husband's cortain specific property, to, or in residue on the testator's death, and cribed in it. The syringes were the i.e. such an interest as is within the residuary estate which must be deem- trust for, any person for life. Here it was further hold by the Goort that she must also bear her proportionato gone to Shanghai.

the Ordinance.

to have therefore attracted. extate tion:

tion on the complainant. It consist thereon of Sargent the

J, in ro Waller to pass in accordance with the

0

c. 30).

in

| 7.20 & 9,20 p.m. / Property of a friend of his who had meaning of 1.25 (2) as of a. 5 (2) of led to have passed on her death and the will directed no such appropia share of the estate duly payablo, ON

Mr. Schoffold convicted defendant, remarking that he was not satisfied with his story, and he was satisfied that an injection had been given..

DOUGLAS FAIRBANKS.JNR GERTRUDE LAWRENCE LAND

MIMI

Freely adapted from Murgers Masterplace LA VIE DE BOHÈME

COMING — “BLACK FURY" with

MUNI

PAUL

INVESTMENT COMPANY

FINAL DIVIDEND

OF DOLLAR

The Board of Directors of the Hongkong Land Investment and Agency Co., Ltd, have declared a final dividend of $1.00 per share which, together with the Interim dividend of $1.00 per share already paid, makes $2.00 per share in all for the year 1936.

Answer

NOT IN AGREEMENT

duty to the extent to which a boneft, "This view is supported by state the death of, she being regarded accrued or arose by virtue of the ments in Hanson'a Death Duties as enjoying the income from an no- cessor of auch Intorest. Were that net so, the appellants need not have (8th edition) at p. 106 an annuity tur notional part of the settled called the provision of s. 25 of the settled property, in Harman's Finance since the reason for B's liability to simpliciter would not apparently be catat In my view, however, this decision does not help the appellants Ordinance to their ald.

Act (4th edition) at p. 79 an amuity pay a proportionate share of the duty. charged on compus with power to act

NOT SETTLED PROPERTY

"With the first of these submissions I am not in agreement.

"I can find no direction whatever in the words, 'subject to making provis-i ion for any amrities bequeathed by

"I do not, however, think there is aside a fund to answer the annuity is was not that her interest in the this my will in Clause 8 of the will substance in Mr. Macnamara's are not it is submitted, sattiled proper-estate was in itself settled property. requiring the trustees to set aside gument that because the will gava any part of the residuary estate to Lady Chater this interest in herty. The test seems to be whether of that her notional or actual alice the annuities. The whole husband's residuary estate it rollover tho ammalty is equivalent to a life of the estate was proparty settled upon herself but that her slice befog itself object of this clause is to provide for that her interest was Itself in the Enterost, 1.0. is to be paid only out part and parcel of the settled residues the distribution of the testator's nature of settled property.

of the income from a fund directed has accordingly to bear its share of residuary estate, and the words quoted Section 25 of the Estate Duty to bo se naldo for the purpose the duty.

1032,

on the cOISET "For those rends as follows: which goes over

reasons I boon paid in result of any settled cited by Mr. Putter for the respon be dismissed with costs.” property since the date of the Settled Estates, (1927) 1 Ch.130, and Puismo Judge, concurred.

is ro Earl of Carnarvona. dent,

Mr. Justice J. J., Hayden, acting settlement, upon the death of onere, Lord Alington and the London of the parties to a marriage, no County Council's Contract, (1927) & the Hon. Sir William Shenton, ap Mr. H. C. Macnamara, instructed by estato duty all be payable on,the death of the other party to the end of a tent charge or join- Eldon Potter, K.O instructed by Mr. which decided that the peared for the appellants, and Mr. Ch marriage unless such person was

**** [axiatenca

an estate in an T. M. Hazlerigg, Crown Solleitor, was

am of the

are no more than a rocognition It esinio duty has already 95: the annuity; and also by the cases opinion that this appeal falls and mast

that this cannot be affected by the trustees without their first estimating what proportion of the estate will be sufficient to answer the annuities. Furthermore, I find it impossible to read Into Clause 13 of the will say- thing resembling a declaration

of tho trustees' right to postpone appropria tion. The words "my Trustees shall be at liberty, if they so think. fit, to A KARLSRUHE DEPARTS

appropriate, etc. give the trustees absolute discretion to appropriate or The German cruiser Karlsrube, not to appropriate, and the fact that after a stay of ten days in Hong they have exercised that discretion in kong, left at noon to-day for Shanga way that may now cause loss to the hai, in continuation of her tour.. roalduary estate cannot entitle them

at the time of his or her death or ture, charged on

In settled oxinte..

had been at any time during the owner in fee, had not made the estate for the respondent, the Betabo Duty continuance of the settlement com

Commissioner. petent to dispose of much proper

ty.

Printed and Published for the Proprietors by FREDERICK PEROY

(2) For the purposes of this FRANKLIN, at 1 and 3, Wyndham Street in the City of Victoria, #gotlon, the team settlement means

any deed, will, agreement for n Hongkong.