1941-01-22 — Page 23

WELL-NANCY.~~

HOWS YOURY

January 22, 1941.

Wednesday

HONGKONG TELEGRAPH

By Ernie Bushmiller

NANCY

-O.K. --- ONLY I DO ALL THE·

THE WORKA RUNNING,

ERRANDS AND STUFF... HE DOES NOTHING!!

HE COULD AT LEAST

SHOVEL SIDEWALKS!

HERE---TAKE THIS SHOVEL OVER TO HIM

MAYBE HE'LL GET THE

HINT

BUSINESS

COMING ALONG-?

NANCY AND SLUGGO ODD JOBS DONE

MUNSANG

APPEAL

-ERNIE

FORS ERRANDS

SEE NANCY

COLLEGE HEADMASTER'S DISMISSED

The deplorable dispute which must have done incalculable. harm to the

BY COURT

college" to use the words of Mr Justice E. H. Williams, came to an end in the Full fees. The contractor's main bills had Court of Appeal this morning 'when judgment was delivered on the Munsang Collegements being about $25,000. It is not trustees litigation.

The appeal was brought by Messrs Rufus Huang, Headmaster, Wong Sun-yin and Lee Slong-to and was against an order made in Chambers by the Chief Justice that Mr Huang ceasc to be a trustee of the College. The respondents were Dr S. W. Ts'o and Messrs Lam Tze-fung- and Mok Hing-shung, the other trustees of the College,

trustee would prevent the trust being properly carried out and I therefore agree with the decision reached on that point by the learned trial judge,

Dr Te'o Criticised

already been paid at this time, pay-

clear when the sum of $500 school fees was paid to the contractor, Possibly

It was part of the payment made on November 2 and if so there lants and their Counsel for the re- The reasons advanced by appel- was the direct disobedience of the moval of Dr Ts'o are that be twice instructiono, When February came stopped the Macao loan without con- and this sum put up by students sulung the School Council and also

Mr Eldon Potter, K.C., apperty (Lettersted v. Braers 9 AC. the building and school grant; that he peared for appellants on the ins-10843 371 at 380).

the Court.

of Mr Justice Williams, President of In his judgment, the President ⚫ went exhaustively through the his- tory of the case which has been pre- viously reported in these columns.

After giving the preliminary facts he continued:

The decision must be based on the

and to

had expressed any doubt or difficulty as to what was required from Mr Huang.

Duty of Mr Huang

It was the duty of Mr Huong as the one member of the Council who know the flannelat situation, to keep not the Counell fully enlightened only about past transactions but also about current ones.

and

the contractor from a loan he had lon fees was not available for that folly Foneering.

raised.

up

payment.

grounds

Dr Ta'o. There was

little

tructions of Mr E. S. C. Brooks, impression gained from the whole

purpose, De To'o was quite rightly, There Is Source of Loan

very indignant:

for criticism of Hastings arid Co. The Hon. course of events and not on isolated

The taking of the $7,000 school for The, source of that loan is not Mr Leo D'Almada Jnr, instruct- incidents,

it is clear that for apparent but his treatment of it was fees from Mrs Shea is a matter for no reason why he did not accept tha ed by Mr M. H. Turner, of period of about a year from May, directly contrary to Council's

was paid by Mr loans and building and school grants, censure. Part of in- Deacons, represented respon of the Council, was

1939, Dr Te'o with the full support structions. The excuse given by Mr Huang to reduce the overdraft with and put them into a separate account, preasing Mr Huang for not obeying the instruc- the Hongkong and Shanghal Brink even if dissatisfied with Mr Huang's dente.

handling of to hand over full financial tions is that Mr Lam had not put

ut which pressed him to do so.

however, at this time that the tact and guts. With a

he might have The Court this morning dismissedty to Mr Lat the appeal with costs, Mr Justice J. Inform the Council of the School's his loan, and the Macan loan had uncil had recently promised the othed over the trouble in Janu- been stopped and he had to pay the A. Fraser concurring in the judgment financial commitments. No member current me, however, Bank that the building grant would ary at the time when he was satis- fled Mr Hunny was becoming amen- there was no refusal of the Council be carmarked to pay the overdraft. able to Council's instructions, to pay the contractor; the Council I should have passed on this letter

The dismissal of Mr Husng from had never been asked to make this to the Council as he had passed on the headmastership by the Council is the carlier letter of the Bank, but On August 18 Dr Ts'o, on learning instead, on his own responsibility not all to his credit.

I cannot, however, find that he that Mr Huung had made the direct he took these fees and paid to the

was domineering or obstructive. As Chairman be naturally took a leading payment, wrote telling him of Coun- Bank.

Indicative of Attitude cil's instructions that any loan raised

in the purt Council's discussions but These and Inter Incidents are in-no dissenting voice was raised until must be paid to the school account and that

MA would pay the decative of his attitude towards the March, 1940, apart from that of Mr contractor

Council which, by his ova statement, Huang. The reasons for but instead five payments His desire was to control the finances Huang had

There is no

stopping reply

from Mr Huang he regarded as an advisory body, the various loans were that Mr handed over the the are made to the contractor in Sep and policy of the school and the accounts: stoppage was tember and

October. only one of Council was right in opposing his consequence of Mr Huong's conduct. which counts. came out of the school ac-wish,

To some extent I

agree that the The origin of the whole Nothing can justify his conduct in school was placed in a position of trouble was that Mr Huang did not applying to the Director of Education Jeopardy by reason of the non-nc- carry out Council's instructions and for a new primary school grant at ceptance of the loans, but I have On the question of the removal of

this in turn led to the stoppage of this time when he had ceased to be found the initial trouble lay in Mr Counsel for appellants claims that trustees by the court, obviously a Mr Huang's letter of July 31 has the loans and hence the impasse. a member of Council and when the Huang's behaviour. I therefore hold very delicate matter, little help can never been answered but I am of

Action Requiring Comment Council was merely considering the that Dr Ta'o should not be removed. be obtained from the authorities. opinion that it has, by the definite The use by Mr Huong of the $500 matter, without having reached a Case Against Mr Lam The primary duty of the court Instructions given to Mr Huang nt school fees to pay the contractor definite decision. His conduct also in

The reasons advanced for Mr to see that the trusts are properly the meeting on August 3. He was required comment, On November 6 addressing the Director of Education

Lam's removal are less convincing carried out and if the continuance then informed that all money he re- Mr Huang was criticised by Dr Te'o as principal of the school after his than those advanced in the care of of a trustee prevents the trust being ceived for the school, should be paid for using school fees to pay the dismissal is inexcusable.

Dr Te'o. Mr Lam is blamed because carried out it will remove that trus Into the school account and all pay- contractor; that payment had been In my opinion his behaviour tee. In addition to this primary duty

ments out should come from that made with the approval of Mr Lam. throughout and particularly avoue he did not sign the contract when so nuthorised by Council; because be there is the secondary duty of re account. Any loan therefore raised Thereafter, however, Huang early stages of the dispute, if not did not put up his loan at the begin moving a trustee for acts or omis- by him should have been so paid should have followed the Council's jeopardising the school, certainty ning and because his conduct shows sions which endanger the trust pro-but on August 11 a part payment of instructions about the use of school satisfies me that his continuance as a him to be under Dr Tro's direction

Task of The Court

This court must now decide whe- Mr Huang received the directions ther the order removing Mr Huangat the May meeting but he admits should be reversed and whether Dr that until September he remained Ta'e and Mr Lam should be removed practically in full control of accounts from the Council. To restore Mr only parting with small sums to the Huang and not remove the other two bursor to meet petty cash accounts. would leave an impossible situation By the end of July Mr Lam was because they clearly cannot now get unable to make his financial report

un together.

and he resigned;

Mr

MACKINTOSH'S

SALE

TWO-DAYS

14

Thursday & Friday

January 23rd & 24th

Come early-the best bargains go first

'ALEXANDRA BUILDING

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not

and unsuitable as treasurer.

I agree that some criticisms can rightly be directed at Mr Lam. His explanation why he did not sign the along with Mr Huang is not contract

Convincing. He might have put up

Joan carlier On-one or two Occasions he might have wrliten to Mr

consider pointing out where he Mr Huang was at faull. On the other hand he shewed him- self, right from the start of

events, determined to

10 get

at the bottom of the school's finances and to straighten them out. The Council was equally

desirous of the Information. As treasurer and therefore directly res ponsible for finance, he did not get ite nasistance which he should have got from Mr Huang. I do not con sider that he should be removed.

I therefore hold that this appeal must be dismissed with costs,

Danish Minister

In Chungking

CHUNGKING, Jan. 22 (Central News)-Mr Halmar Collins, Danish Minister to China, arrived here from Shanghai vin Hongkong yesterday. He will make brief stay in the capital and will call ort Chinese government authorities.

Mr Colling presented his creden- tials to Mr Lin Sen, Chairman of the National Government, on June 18 last year. He went to Shanghai after the presentation:

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