The land, 1.325 mow in extent, was situated outside the Settlement limits, Chinese were not permitted under the Land Regulations to own land in the Settlement, but in the early days it became necessary for the purposes of trade for some of them to reside and do business in the Settlement and to own property for that purpose, so it was the custom for British subjects to be made trustees for Chinese-owned property, This had become a general practice. As a result of it, the Chinese a parently formed the opinion that land registered in the names of foreigners had an added value, or that registration carried additional protection, so similar declarations, of trust became popular outside the Settlement also, as in this case, Zung Ah-sung was purely Chinese, of full (Chinese parentage, and a nephew of Sam Joe, a well-known Chinese merchant doing business Hongkew. At an early age Zung became a servant in the American Asiatic Fleet and two Admirals gave him a very good character, and apparently on the strength of that he applied for and obtained an American passport at San Francisco in 1896. A San Francisco paper of that day said that he was the first Chinese-American and also crroneously described him as Californian born and a Mongol, anglicized by contact with the American Navy." The application was for the appointment of Mr. F.
J. Focken as trustee and Mr. Preston concluded by reading a number of affidavits and producing. documents in support of his statement.
The Nationality Issue Mr. Ward said that, as acting Crown Advocate, he represented H.
Vice-Consul in charge of the® Land Office, but he also felt it to be his duty' to protect the interests of the British subject in whose name the land was registered, certain that Johnson was the trustee. There was a further difficulty as to Zung Ah-sung's nationality,—because, if he was an American, it would be a ease for the American Court. There was some rather cogent evidence that he had become an American, although it was not necessarily complete, Yet another difficulty, which, however, he did not wish'to press, was as to whether the person now making the application was the beneficial owner of the land.
Mr. Preston, replying on the sub-Jject of Zung's nationality, quoted the Chinese law, showing that, even if Zung had thought he had become American, actually he had not completed all the formalities. There was also the statement of the American Consulate that the mere existence of a passport or registra~ tion papers issued prior to 1917 was not actual proof, and that was all that could be shown, Actually, he thought it probable that Zung, hav:
been for 40 long connected with foreigners, had adopted some of their ways and was rather proud of it and he thought it would be a big thing to be able to come back to hhis family and others of his ace quaintance and say:—"I am an American, T have got it!" So he made the best use of what papers the had.
'A Valuable Man The Judge—I see that one Admiral said he was indispensable to the United States Navy.
Mr. Preston—That alone would be sufficient to get anyone an American passport.
'The Judge said that he was satis fied that Zung was the owner of the property, that Johnson was the trustee, that' Zung really was Chie nese and that Sam Joe had a proper power of attorney. 'Therefore, the application would be granted' and Mr. Focken would be appointed trustee.
On the application of the Crown' Advocate, the Judge directed that the costs of all parties should come out of Zung's estate.
The Judge—t notice in the passport that his eyes are put down as "grey," which seems unusual, Mr. Preston—It is probably Journalese.
The Judge—Oh, no; this is the passport.
Where to Amass Money Mr, Preston continued that Zung subsequently returned to Shanghai and registered here as an American citizen, but the present officials at by the Consulate said that fact was not absolute proof that he was an American and that too much credence should not be attached to passports issued prior to 1917. Zung then became a sort of broker in connexion with the estate of his deceased grandfather, "having nothing else to do and having b come a man of substantial means owing to his long connexion with the American Navy." He sold some portions of the family land and bought other land, Lot 555 being acquired in this way. Zung took a personal fancy to this particular Piece of land and eventually it was made over to him as his share of the estate. On his death, the property was sold to a foreigner, who could not complete the purchase because there was not a trustee with power to sign. Johnson at one time was with the Chinese Customs and subsequently with Andersen, Meyer Ca. He was born in Ontario in Pretty 1878 and was registered here for some years up to 1914, but he had not been heard of since that date.
On another point, Bir. Preston referred to Zung Ah-sung as "partly
Text read from the printed page and cleaned; old type leaves the occasional error.