1939-12-11 — Page 25

Monday,

HONGKONG TELEGRAPH

Remarkable Case Opens At The Supreme Court

FORGED MORTGAGES OF PROPERTY ARE ALLEGED

PROCEEDINGS INVOLVING A VALUABLE PIECE OF PROPERTY IN THE CENTRAL DISTRICT WERE BEGUN BEFORE THE CHIEF JUSTICE, SIR ATHOLL MACGREGOR IN THE SUPREME COURT THIS MORNING, WHEN AN ACTION SEEKING, AMONGST OTHER THINGS, A DECLARATION THAT THE TWO MORTGAGES IN CONNECTION WITH INLAND LOT NO. 1828 WERE FORCeries, was BROUGHT BY CHAN FUI-HING, CHAN

SIK-TIN AND CHAN KWOK-NIN.

Don't Park Your Car

This Way, Or-

CAR DRIVERS who pull across the street in order to park or to pick up or drop passengers are receiving the special attention of the Traffic Department.

"Car drivers are becoming increasingly careless of the regulations about driving on the wrong side of the road,” a Traffic official told the Telegraph" this afternoon.

"We are looking out especially for drivers who cut across the roads and park with their cars facing the wrong direction. "Drivers do this even in the busiest streets in the city." The correct way to approach the other side of the road is to swing the car around in the direction of the traffic, the official pointed out:

Chinese Offensive Progresses

JAPANESE SUFFER BIG LOSSES

ACCORDING to a "Central News" message from Loyang this morning, Chinese forces are making steady progress in their general counter-offensive in the Chungtao Mountain areas in South Shansi.

Bitter combats are said to be still raging in the Machiamiao sector, north-east of Hsiahsleri, where about 3,000 Japanese are stubbornly holding out.

Some 300 Jupanese at Tsingshon- tsun, cast of Machlamiao, have been dislodged from their positions. The Chinese are now making a flanking! movement to bottle up the enemy in Machiomlao,

Tho Japanese have suffered heavy

during the week-end."

BOGUS CHARITIES

Two Men Are Caught Collecting

The plaintiffs are represented by Mr. Eldon Potter, K.C., and the Hon. Mr. Leo D'Almada, Jnr., instructed. by Mr. C. D'Almada. Mr. H. G. Sheldon, K.C., and Mr. H. C. Macnamara, instructed by Mr. M. M. Watson, are for Tung Kai-sun, against whom the action is being brought.

The plaintiffs are seeking (1) for a declaration that the two mortgages purported to have been executed by them were for- geries and that they were.and are null and void; (2) a declara- tion that the defendant had no right nor was entitled to the property; (3) rectification by the Registrar of the Land Office; (4) an account of all rents and break of Sino-Japanese hostilities, profits relating to the property formed in Sha Kau village and the a rice conservation commilies was and received by the defendant first plaintiff was busy looking after since he entered into possession; the subscriptions, having been ap- and (5) an injunction against pointed treasurer. the defendant from collecting or receiving the rents or acting as mortgage of the property.

Referring to the other mortgage said to have been transacted on

November 2, 1938, Counsel said the first plaintiff would say that he paid Mr. Potter said the two mortgages three visits to Hongkong during that which his clients stated were for year but at the date in question he geries, were alleged to have been whs in Sha Kau village because the made on October 20; 1937

and Japanese forces had landed in South November 2, 1938, and were purport- China. As there was grave danger ed to be for $55,000 and $5,000 of their advancing to that part of the respectively.

country where the village was situat- ed, his committee had decided to

Defence's Statement

on a

distribute the rice which had been conserved the previous year and he was thus busily engaged at the time have the mortgage was alleged to been made. Actually, the vilinge was captured on November 4.

The

In the statement of defence, there was no allegation of fraud in any shape or form, nor was there any suggestion that the plaintiffs had authorised some other person to si the decds. The defence, however,

Towards the end of May last, the estoppel and denied that the first plaintiff came to Hongkong and pleaded

mortgages were it was as a result of a communication d on the

They further contended that

which he received from the second defendant was entitled to the money

he plaintiff that

discovered the which he had paid to the Overseas

Jaswindle. Bank

which the third mortgage

Second Plantiff's Position plaintiff made in 1985. In normal stances, said Mr. Potter, the

second plaintiff, continued was perfectly entitled to Counsel, was also a native of Sha such relief,

but his case was that Kau village and had been in business the Overseas Bank mortgage was in Hongkong, having been for a "If we allow these bogus also a forgery.

period of six years until 1933..the. on this front in the recent! Chinese sources claim. charities to go on, people will Continuing, Mr. Potter said his manager of the Kwont Fool Shing General Morito Killed stop contributing to genuine clients were owners in equal share of flam. He purchased a share of the Inland Lot No. 1828 on which two property November 20, 1937 from Col. Morito, whe commanded the charities. You will each be houses had been bullt-300 Des Voeux one. Chan Yam-tong, and he would Japanese troups in this sector, is refined $20 or one month," Bald Road Central and 92 Wing Lok Streck, tell, the Court that at the time the ported to have succumbed wounds

Kowloon adjoining each other, The former mortgages were alleged to have been Mr. Himsworth at received in one of the battles.

In Anhwei Chinese forces have Magistracy this morning, when was formerly occupied by the Kwong made he was in the village, being Fook Shing firm, and the date of too ill to walk. He would also say tightened their siege on Chuantsino, two well-dressed youths, Chan purchase, so far as the first and that the signature was not his, an East Anhwal town, und Wankiong, Ying-kuen and Ho Po-kong, third plaintiffs were concerned, was

Referring to the third plaintiff, Mr. a Central Anhwei' city. Several Japanese attempts to break through both 21, were charged with on May 30, 1925; the second plaintiff Potier said his father was the original the Chinese cordon were frustrated obtaining money by false pre-acquired his share on November 29, owner of the property. Apart from

1937.

the two mortgages in dispute, he did tences.

The first plaintiff was a native of In fact sige two others. The first Increasing Chinese pelivities in the Defendants

Le admitted attempts to Shu Knu Village, Shun Tak District was a mortgage in 1028 to his wife, suburbs of Hangehow were reported obtain a dollar each from Sim Kye- and had been in business as a grocer Siu Yiu-teng for $35,000 but he would during the werk-end when Japanese lim, married woman, at No. 28 Mauritius for 40 years. He retired say that actually no money was pass- barracks and outposts at Kungiheng-Granville Road, and from Miss Sadie in 1929 but prior to that he had cd and that, rightly or wrongly, he kino, Liuhsin, Lingping, Shangpo and Yuen at No. 30 Granville Road. They visited South China, Including Hong- made that deed because he was afraid other points were attacked by Chinese had previously received $2 from Li kong, on four occasions. The last that an attempt was going to be made

Fuk at No. 33 Granville Road.

in to hold him responsible for the debi unita

visit before his retirement In a daring raid on the night off

Refused 20 Cents

1924 when he stayed for three years of a certain frm of which he sald December 7, Chinese guerillas broke Sergeant Davies sald Chan was in his village, and during that time he was not concerned. through the Japanese sentinel ine on previously employed by the Chine be Occasionally visited Hongkong. "Villain Of The Picco" the south-western part of Hangchow Youth Society." The two men had Whilst in the Colony he invariably That mortgage was subsequently and attacked Lingying, Sungmuchans attempted to obtain money from stayed at the Kwong Fook Shing firm, re-assigned and another put through and the Chingpo and Wuling gates. Mrs. Sim at No. 20 Granville Road which was then owned by a clansman in May, 1035 for a similar reason.

More than 80 Japanese barracks at on Saturday by saying they were of his.

The mortgagee was one Chu. Hol- various points were set on fire, it is collecting charitable contributions for

chuen, and It was interesting to note claimed,

the China Youth Society. They wero In May, 1925, when he was on one that she was the wife of Chan Shul- given 20 cents, but refused to go of his occasional visits, it was sug- wah whom he (Mr. Potter) suggested an they sold the usual sub-gested to him that perhaps it would was the "yillain of the piece." This scription was a dollar

be a good investment if he purchased mortgage was re-assigned a year later Mrs. Sim then called her son, Sim Inland Lot No. 1828. He considered without the knowledge of the third Pen-kat, who is an interpreter at the proposition and found it was im- plaintiff and before the mortgage to Central Magistracy. Sim aaked the possible to purchase the lot by him- the Overseas Bank was put through. defendants to accompany him to the self as it involved too much money- The signature of the third plaintiff Station, but when they reached the $110,000. However, it was eventual-on these two mortgages was street, both men ran away. Chanly agreed that he should buy the pro- but when these were subsequently was chased and arrested, and Ho was perty with the third plaintiff, whose examined in his solleitor-oflee there later arrested at the Kum Tol Hotel. father was the original owner. was considerable consternation, the Defendants told the Police they property was then held in trust for reason being, according to him, that had arrived from Macno on December the third plaintiff and others, and the signature was not his. He said LONDON, Dec. 10 (Reuter). 2, and had collected about $3 to $6 at the time of the purchase he was that his signature had been obliterat- The Belgian steamer, Kabinda, per day.

Lentitled to a share in the estate.

ed by some chemical process and two It was also arranged that the rents others, purported to be his, written 5,000 tona, bound from Pernam

Belgian Ship Breaks Up

#1

Goes Aground Off South-East Coast

was

Property Held in Trust

The

buco to Antwerp, went agrounding cargo into the sea at 1 p.m. to-were to be collected by and the deeds in its place. Chan Shui-wah must

on the south-east const on December 8.

The steamer has now broken her back, and has become complete wreck,

No Casualties

The crew, numbering 40, with 40 other persons were engaged in dump-

day when the ship broke into halves left with the Kwong Fook Shing A have done this, apparently thinking was which had done so for years for the that it might be better to eliminato All were saved and no one Injured.

original owner. This position the signature before writing the Dutch Ship Mined

mained until 1933, when the firm AMSTERDAM, Dec. 10 (Reuter), closed down, and the collection of name of the third plaintiff on the The Dutch motor-ship, Immingham, rents as well as the deeds were then verseas Bank morigage in order to

| make them correspond. 308 tons, struck a mine of Callant entrusted to Chan Chung-wah,

As regards the Overseas Bank brother of the third plaintiff, soog north of Holland.

The first plaintiff, went on Coun-mortgage, the third plaintin would sel, was a man held in high esteem by say he was in the country worship- his clansmen because he was appoint-ping tombs of the time. He would ed trustee of the ancestral funds of also say that, the signature on the the village. He would say that from other two deeds in dispute, was 1029 Entil the material dates in the bls. In fact he did not know of this action he had visited Hongkong maybe swindle until he was informed by the two or three times a year and some other plaintiffs in June last.

The case is proceeding. times not at all.

The crow of seven were rescued..

WIFE OFFERS TO PAWN COAT TO SAVE HUSBAND

The: generous action of a wife in offering to pawn her overcoat In order to obtalni money with which to redeem a pocket watch with "a Hongkong Football Association medallion attached which had been stolen by, her husband, called forth comment from Mr., Forrest at the Central Magistracy this morning.

To Hang, 32, a. medicine salesman,

The Alleged Forgerles With regard to the mortgage to the Overseas Bank. in May,, 1935, which document purported to secure bank- ing facilities for the third plainti and which the other, plaintiffs were

was charged with the theft of the pawn her overcoat, which she was plantit would say quite frankly that

not

Mine Explodes

December 11, 1939.

This Is The

Night King Edward

Abdicated

THREE years ago to-day King Edward VIII, abdicat-

ed.

As Prince Edward, three years ago at 10 this evening, (6 am. H.K.T) he broad- cast his historic farewell speech to the nation from Windsor Castle.

Immediately afterwards ho travelled by motor-car to Portsmouth Dockyard, where he embarked in the destroyer Fury, which land- ed him next day in France.

of

Until the outbreak of war in September, he never not foot in his native land

Ho became Duko Windsor while on Iris journey across the Channel. The Duke of Windsor is

at British GH.Q. in France.

now

OBITUARY

Prominent Member

Of I.C.S.

Sir Roginald I. R..

Glancy

LONDON, Dec. 10 (Reuter). The death occurred to-day, at the age of 65, of Sir Reginald Isidore Robert Glancy, adviser to the Secretary of State for India since 1937.

Born In 1874, Sir Reginald was educated at Clifton College and at Christ Church, Oxford.

He entered the Indian Civil Ser- vice in 1800, and served on the North-West Frontier from 1800 to 1908. He was Finance Minister of Hyderabad State from 1911 to 1921, und was British Resident at Baroda In 1922.

Becoming

President of the Cabinet at Jaipur in 1923, he was agent to the Governor-General in Central India from 1924 to 1020,

He retired from the LM.S. in 1930 and became Chairman of HEH. the Nizam's Railways in the same year. He was a member of the Council of India from 1031 to 1037,

Since 1937, he had been adviser to the Secretary of State for India.

Sir Reginald was made C.LE. in 1917, K.C.LE. in 1928 and K.C.S.I. in 1930.

"Ex-Fronch ̈Minister

PARIS, Dec. 10 (Reuter)-The death is announced of M. Guy de Chappedala!ne, former. Minister of Mercantile Marine.

Beaten With Bamboo Stick

Foster Mother Is Fined $20

ALL CORRECT

Evening.

the-Press."

must be up-to- correctness of detail and at the same time. completely comfortable.

That is why our white waistcoats "are made" In'a choice of three. depths of front in each fitting- evening shirts with two lengths of sleeve-six styles of dress collars in quarter sizes and dress ties in styles to fit any size of collar.

Such refinement of detall makes certain that Mackintosh's dress clothes are comfortable and correct.

MACKINTOSH'S LTD.

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SPECIALISTS

ALL STEAMSHIP

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LATEST INFORMATION CENTRALISED

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NO MORE TO BOOK AND SAVES BOth time and TROUBLE

THOS. COOK & SON, LTD. Queen's Bldg.-Telephone 20524

DO YOU KNOW

YOU CAN HAVE A.

GAS FIRE or RADIATOR

A fine of $20 was imposed on a woman, Sin Yu-ha, 30, by Mr. Forrest at the Central Magistracy this morn ing, when she admitted assaulting her adopted daughter, Chung Sing-13 yee aged 12, at King Shing Street on Friday.

Mr. H. W. Fraser, of the Secret- ariat for. Chinese Affairs, said the girl was a registered ward of the S.C.A. On Friday, she went to the S.C.A. offices and reported that she had been assaulted by her adopted mother. The reason for the beating was because she had been accused af being careless with clothing which had been hung out to dry.

Beaten With Bamboo According to the girl, the wind

on PERPETUAL Hire

for

$5,00

(Not including Fixing Charge)

THE APPLIANCE CAN REMAIN ON. LOAN FREE FOR AS LONG AS YOU LIKE - ONE YEAR, TWO YEARS TEN YEARS OR MORE.

ORDER NOW.

had caused a plece of clothing to be THE HONG KONG & CHINA GAS CO., LTD

blown into the street. She said she was beaten on the forehead, arms, thighs and knees with a bamboo stick.

Defendant said tho girl answered back when she scolded her, and she baat her with the sick to correct her.

CENTRAL SHOWROOM: GLOUCESTER BUILDING

KOWLOON SHOWROOM:

OUR GUIDE TO

THE CINEMAS

CLOTHES FOR JEWS BANNED Nazis Impose Two New Repressive Decrees BERLIN, Dec. 10 (Reuter)-Two further repressive Nazi deerees have been issued.

The first states that Jews no longer have rationing cards for clothes plays the which means that they can neither get now clothes nor materials to re- They are also forbidden leather for The other decree Imposes the death penalty for all crimes involving the use of fre-arms or other dangerous weapons.

alleged to have guaranteed the rat Exciting Incident articles from Mr. S. A. Le Rehman, wearing, and Immediately began he had no recollection of being in Near Cheung Chau assistant manager, of the Channel taking it off in Court.

Hongicong that year. He would also Trading Company, at his residence in

Mr. Rehman, nothing her action, any that there was no reason why he

A drifting mine exploded when it Lockhart Road,

spoke to Inspector Baker, who told should have pledged his property to Inspector AV Baker said To and his Worship that the complainant did guarantee the third plaintin or any struck the foreshore south-west of Mr. Rehman were friends, and during not want the woman to suffer and other person. In fact, he did not Papla, Talkuchow Island which is Saturday Mr. Rehman's absence, To, who was was willing to redeem the watch and dream of doing it, and it would be near Cheung Chau, on on a visit to the Eat, took the watch medallion himself.

proved beyond all possible doubt afternoon and medallion. These he pawned Mr. Forrest, addressing. To, - re- that the algnature on that mortgage a. report of the incident to the for $21 To only had a few cents in muriced that everyone concerned in was not his,

Police, Sub-Lieut. L. P. Ralph, of the his possession when he was arrested the cast was acting very generously Dealing with the mortgage alleged Hongkong Naval Volunteer Force,

When Mr. Forrest asked To if he towards him. He intended giving to have been made on October 20, who was patrolling the water in the pair old ones, could raise 32.10 to redeem the stolen defendant a chance, and hoped that 1937, Mr. Potter anld be had a large vicinity aboard a launch, sakt the articles, ho referred to his wife, who he would take advantage of that volume of evidence which would ming was not sighted before the ex-foolwear. was in Courte

chance to repay the kindness shown prove beyond doubt that the first plosion. Generous Acta

him by the complainant and his wife, plaintin was not in Hongkong at that. The mine blew up on a deserted She was called and in answer too was bound over in 350 to be of me. The facts which he relied on part of the foreshore, and nobody was. Mr,. Forrest's query, said the would good behaviour for 12 months. for this were that following the aut injured?

2

In

Phone 24704.

·246 NATHAN ROAD Phone 5734).

Prize-Winners At LR.C. Dance

"The Mikado" (Queen's and "Alham- The following were the pri? bra) Elaborate Technicolor version of winners at the Indian R.C. dance a the Gilbert and Sullivan operatta. The Saturday evening: reault is not so much a substitute for the stage version as a Bavoyard novelty

Fancy Dress-Ladies, Miss Al in which Bullivan fores better than Gl Leung (Chinese brkial dress); bert. The London Bymphony Orchestra tiemen, A. R.. Markar (Apachi))

accompanimente.. Kenny

Spot Dance-Miss Lucy Sumad Baker, from American radio, Martyn

All the prizes were donated by Green and Sydney Granville of the D'Oyly Carte company, John Barclay C. Raliim, and Constance Willis have important

"The Oklahoma, Hid" (King's) A father's murderinThe": fim - reilen", Wild West story about the astilament of on Oklahoma with James Cugnby du

parts.

tous, Múventurer, who bestenkkirathisani

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