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HONG KONG SOCIETY FOR THE PROTECTION OF CHILDREN
The total Expenditure in 1936 on behalf of aick. and destitulo children is estimated at $25,000, against which the Income to date is $18,000 only..
In order to continue its work, the Society asks for the balance of
$7,000
before the close of the financial year on 31st
·October.
Hon. Treasurera:
Mr. A. McKELLAR, C.A.,
e/o Mackinnon, Mackenzie & Co.,
· P. & O. Building.
Mr. KWOK CHAN,
c/o Banque da.. Inde Chine,.
Hongkong.
THE
+
HONGKONG TELEGRAPH.
SOLICITOR SUSPENDED
FOR YEAR
(Continued from Page 1.)
ment a
THURSDAY, JULY
Commission
To Study In Palestine
BUT ONLY WHEN PEACE RETURNS SEEK'S CAUSE OF REVOLT
30,
1936.
HOTEL CAPITAL REDUCTION
COURT APPROVES
PETITION"
The reduction in capital,. from $16,000,000 to $11,200,000, of the Hengkong and Shanghat Hotels, Ltd., was confirmed by the Chief Justice, Sir Atholl MacGregor, in the Supreme Court this morning.
ло
Appearing for the petitioping com- pany, Mr. Leo D'Almada, nr, who was instructed by Mr. R. A, Wadeson. Raid n the statutory requirements as well as those of practice had been 09- complied with. There was
His Lordship: I see in the straft Poltion. of the petition that no advertisements. nacular papers, as ordered by my brother Hayden,
control of the businex and prnctive of the Anid Charles Andrew Sutherton Russ and its manusgement to praons not duly qualified as aforesaid as therein mentioned i or their successors.
dated rd- (2) Two agreements
15th spectively the 13th and
be days of May 1926 made tween the said Charles Andrew Sutherton Russ of the one part ail Fung Kit-ling of the other
London, July 29. part by which agreements and
thereof the The membership of the Palestine the Joint effect said Charles Andrew Satherton Royal Gummission was announced in Russ binds himself so long as the House of Commons by the Colonini he shall practise as a solicitor Secretary today. The Commission had been inserted in the focal ver in Hongkong to retain the ser-"to ascertain the underlying causes vices of the said Fung Kit-ling of the disturbances which brake out and gives the said Fung Kit-in Palestine in the middle of April, into the manner in which ling authority to agree the
to enquire amount of costs payable in re- the mandate of Palestine was being spect of all work introduced Implemented in relation by the sald Fung Kit-ling. OFFER OF ASSOCIATION
(3) An
agreement made in or about the month of August 1926 between the said Charles Andrew Sutherton. Russ of the one part and certain persons not duly qualified to act as at-
the
In
Mr. D'Almada: The order was to the effect that notice of the petition
tions of the mandatory power, bli" be published in Shanghai as well as
the Arabs and Jews respectively, and proper to ascertain whether, upon consideration of the terms of the con mandate, either Arabs or Jews had any legitimate grievances on account of the way in which the inandate had bren, or was being, implemented, and, if the Commission is satisfied that any were well founded, to
torneys or solicitors, namely such is far their re- ;
moval and for the prevention of their recurrence."
Wong Klen-kee, Lo Kwok-min make and Dai Sau-wan of the other part in which agreement the terms and conditions contained in the sald agreement of the fing of February 1925 were in effect applied to and for the benefit of the said Wong Kien- kee, Lo Kwok-in and Dal Sau- wan in place of the said Li Wing-chi and Fung Kit-ling. te) That the said 4harles Andrew Sutherton Russ has been guilty of disgraceful and dishonourable
2-937-
1
The Chairman of the Commission is Lord Peel, former Secretary of State for India, member of the India Round Table Conference and Chair' inn of the Burma Round Table Con- ference.
Other members are urnes Rumbold (Vice-Chairman),
Ambassador British A formerly Berlin; Sir Laurie Hamd, who recently presided over the Indian Delimitation Committee: Sir Morris former Chief Justice of
Sir
Dir
AL
duct an Solleitor in that he wrote Carter, nennyika, and Chair-
twn several letters dated repetite ly the 24th and 20th days of May 1995 at Paignton, England, addressed And despatched to ono, K. K. Wong, in this Colony in that the sald fetters contain an offer by the end Charles Andrew Sutherton Russ to enter inte an association to carry on the prac tice of a Solicitor with a person not duly qualified to act as an attorney or solicitor,
of
The respondent was admitted Soliciter of the Supreme Court
and Judicature in England in 1909
Solicitor mad was daly enrolled a Practor of this Court on 28th March, 1912.
FORMER PARTNERSHIP
Uganda and
man of the Kenyn Land Commission; and Pro- Sir Harold Morris, former President of the Industrial Court: fessor Coupland, Beit Professor of fes Colonial History at Oxford.
The Coleulal Secretary added that It was not yet possible to state the ante on which the Commission would leave for Palestine, and it was not proposed that the Commission should begin work in Palestine until order
had been restored.
in Hongkong. But I don't think it is necessary to publish it in Shanghai, His Lordship: But the name of the firm
is "Hongkong and Shanghai Hotels, L. and from this it come that it has certain interests in Shanghai. I don't think there is really any need to publish advertise ments in the Chinese papers, but I think publicity should be given in the North China Daily News, as well as in the Government Gazette and the Post. The South China Morning petition is granted, subject to this alteration.
ATTEMPTED SUICIDE
A woman, Ching Wo-yin, of 18 Gloucester Road, was admitted to the Government Civil Hospital, suffering from Lysol poisoning, believed to have
en self-administered.
MECHANICAL ERA
London, July 29. The Minister of Transport, in the House of Commons, Kave notice of régulations restricting the use of selected streets in Central London by horse-drawn and other slow-movinu traffe-British Wireleas.
hubby of, my office work when I come out again. 1 have had five Asked why martial law bad not yet
wonderful experience down years enfotecil in Palestine, Mr here, and learnt how important the been Ormshy-Gore sald martial law hnd
office is. Really I was awfully bad not been proclaimed because, having before, I might have been good in Court and had a reputation, but for regard to the extensive powers con- ferred on the High Commissioner by good solid work and hard thinking, In 1921 he made a second visit to the
Palestine Defence Order-in-was thoroughly second rate. the Colony and practised under the Counell, it had not up to now been
Kind regards to all,
Your
ura alncerely. firm name of Lee and Russ with Mr. thought necessary or desirable to da
(Signed)IES
C. A. S. Russ. Lee Han-chee, n Solleitor of this Court. In 1925, Mr. Lee Hon-cheo-British Wireless. retired from the partnership, and it became necessary for the respondent,
in order to buy him out, to raise the spectively, on which the third charge is based, and which were in the follow- Aum of $30,000. The respondent
ing term therefore approached 14 Wing-chi and Fung Kit-ig, two unqualiled per sons then employed as interpreters ob- in the firm of Lee and Russ, and
EXHIBIT F, 1
Waycotts Corner, Puighton.
tained from them the sum of $30,000 Stanley Richards & Co. on terms and conditions which are embodied in an agreement daled the 5th day of February, 1926.
These proceedings are in their es- sence disciplinary and penal and it
21th May, 1035,
Dear Mr. K. K. Wong.
I duly received your cable and wired to-day "Expenses £351,"
818
I should be prepared to return to Hongkong on sanie auch terms there.
NO
the
Mr. K. K. Wong to whom letters are addressed, had been one of the three Joint lenders of money to the respondent under the agreç- ment of August 1928. He was in 1935 under urilcles to Mr. Loseby ol. the firm of Russ & Co., and is an unqualified person.
The respondent's case is that ou of the first cablegram he vert that Mr. Wong had been cdmitted as a solicitor, or would be The case for the Law Society so
so admitted before he, the respon- far as the first and second charges
dent, could arrive in Hongkong, and are concerned, depends on the can
that the offer was that the respondent struction which this Court places on
should practice 215 it solicitor in that agreement, it being contended
Hongkong in partnership with Mr. on behalf of the Law Society that it
Twelve years contract. rt of Rendall and Mr. Wong, both duly in clearly_partnership agreement $1,000__month and 90 per cent, of between the respondent colicilor antret profits, phyable yearty First qualified. The respondent adds that unqualified persons, while the respon- $1,200 to be paid on arrival in Colony, he had been informed and believed
Loseby, who took dent maintains that it is no more
Seven months' leave on full pay and that Mr. than a loan agreement.
1st class passage 4th, 8th and 11th from him the Brm of Russ & Co., was years, April to October. $20,000 Life dead, a belief which is happily pre- polley to be taken out on arrival in mature, and that in that belief he is therefore essential that
We rust for wife and paid her on death. considered his prospects in Hong- satisfied that the agreement in ques-
congenial partners suf- I am to remain teetotal during the kong with tion, together with the consequential
whole of my peried in Hongkong. I ficiently bright to justify his giving agreements of 18th and 15th May have done this now for over 5 years up his employment in England. 1926 and August 1926, as regards and would not be otherwise. which 110 different considerations arise, is a partnership agreement and nothing but a partnership agreement. In the circumstances in which the raspundent was placed on Mr. Lee Hon-chee's retirement it was necessary for him to raise a considerable sum of money by way of loan, and he had no security to offer except his ability as a solicitor. It was to the to be available on my arrival.
I can save 11 days on the voyage e
strange You will of course offices and a good staff. clerks &c.
Won
#t
way
ALHAMBRA
NATHAN AD HOWLOC
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TO-DAY TO SATURDAY
A GREAT DOUBLE SHOW!
The respondent does not appear If you think this worth considering to have made any proper enquiries, shall have to give at least three fact he does not allege that he did so. He himself puts it no higher months' notice here and will do so
first the moment I am notified my expenses than that
on receipt of the have been cabled and sail on the first cablegram he assumed that
qualified, practicable date.
was or shortly would be for
and that he was being offered partnership. The new arrangements
in any were clearly not to be suggest the relations of debtor and Creditor. In the plainest terms the
the Indicate
respondent's readiness to join Wong either as addition to his salary is to receive a partner or as an employee who in profits. They cons- share in the If you get this towards the end titute. In the words of the third of June and the fures are cabled at charge, an offer by the said Charles opce, I could give my notice to expire Andrew Satherton Russ to enter into at the end of September and sail early association to carry on the pric- in October and if I went via Canada tice of a solicitor with a person not duly qualified to net as an attorney arrive at the end of October,
or solicitar.
op-
letters
success of the practice and to that by sailing via Canada, but this would be the old ones: there is nothing to alone that the lenders had to look for the return of their capital and a cast another £26.
I should rather lish reasonable rate of interest. They portunity of returning and making blamed for imposing on the re-good and showing what I really could spondent borrower such stringent de, so I have quite made up my mind safeguards as they could induce him to return, if you really want me to lo accept.
eannot, in such
circumstances,
. DEBTOR AND CREDITOR
do so.
With kind regards to all,
Yours sincerely, (Signed) C. A. S. Russ. EXHIBIT G. 1
Viewed in the light of these facts and construing the relevant agree ment as a whole, we are not satisfled that its provisions are in any way. Inconsistent with the terms which might properly be imported into a loan agreement where the security for the considerable sum loaned is 80 personal in its nature. Having come to that conclusion as to the proper construction of the agreement it is unnecessary for us to consider and determine any of the several points made to us regarding the true menn-passage on tho
Waycotts Corner, Paignton.
30th May, 1935.
Dear Mr. K. K. Wong,
I have Pro Booked
ETHICS DISREGARDED Had there been, throughout the argument on this case, anything dis- closed
which Would Justify the respondent in believing that Mr. a qualified man and K. K. Wong was a that the offer which he was making was one to which no taint of pro-
and
as. Potsdam fessional misconduct might attach?
the
matter cxcuse. On the contrary
ing and intent of section 32 of the which leaves Southampton in Septem- have been unable to discover any Solicitors Act of 1843 and the mis- ber and arrives in Hongkong on
November. Eth
The shipping coin- chief aimed at by that section.
the respondent's conduct in writing We have found that the relations pany informed me that the ship was these letters displays such a lack of between the respondent and the un- nearly booked up already, and that prudence and in inspired by such qualified persons Ll Wing-chi and unless confirmed this at once, determination to close with the offer Fung Kit-ling and, subsequent to should be unable to get a passage at once and to resume practice in
next ship sailing in Hongkong. regardless of the status August, 1920, Wong Kion-kee,. Lo until their Kwok-min and Dai Sau-wNTE, were November.
Wong, that I am forced to the con- those of debtor and creditor, and the I accordingly cabled today to you clusion that the respondent had 110 first and second of the charges as follows: "Booked Potsdam re-rood grounds for his assumption that brought against the respondent there-
required Wong had qualified as n solicitor and cared not whether he was qualified ford fail.
I turn now to it consideration of the Immediately on receipt of the re- pr not. fhets on which the third chargo is
mitance I will give in, my notice | Such
reckless disregard of the based. The respondent left the here pay the passage money, and ethics of the profession to which he Colony in 1949 and resumed the prae-confirm the booking. I assume that we belongs iconstitutes, in my opinion, bier of his profession is England. In hall as able to agree to terms on disgraceful and dislionourable con- May, 1936, he received a cablegram reading "Can you return practice in my arrival, songwhat on the lines of duct as a solicitor and I therefore find Hongkong. Wire expenses required." those set out in my letter to you that the third charge has been proved
against the respondent. This cablegram was from one Weng of the 24th instant.
mittance
morrow"
urgently
Lo, and the respondent us stated I have a leteo of my present house that he assumed that it was sent for three years, and a lot of furniture, by one K. K. Wong, Respondent re- which I shall have to dispose of
somehow. plied "Wong Lo. Expenses £360,
do not know what has happened and received a reply "Cabling ex- ponses 14 days. Book earliest steam out there. Whether Losoby has died or." It was after tho naxing
af suddenly or what, but of course I these cable communications that the shall hear in time.
U
The order of the Court is that Mr. Chifries Andrew Sutherton Russ bo suspended from the practice of his u solicitor for the period profession as of twelve months from to-clay.
The respondent has succeeded on two of the three issues before the
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Printed and Fublished for the Proprietors by FREDERICK PERCY Court, and in my view justice will FRANKLIN, at 1 and 3, Wyndham Street in the City of Victoria respondent wrote the two. letters, hope the new arrangement will be met by an order that each party Hongkong, dated 24th and 30th May, 1935, ro bg mast successful. I shall make a pay his own costs.
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