The Aseessor asked Mr. Kentwell what he had to answer. He wi Jealled to show cause why he should not be struck off the Rolls of the [Atixed Court in connexion with a tease in H, M, Supreme Court, Chow wei-ching 1. L, K. Kentwell, Judgent was given on August 28, which effected Mr. Kentwell's practice in the Mixed Court, the particular part of the Judgment being as follows:—
"At the time this company was registered. at the Spanish Consult the' defendant informed the. plain:
ait was algo necessary" that inti should" be remisered™ aaa Spanish subject, end. on Novem 021, the paint," Chow. Ko in regltered. at the Spanish ate ara Spanish, subject born states he did not go, to the, Spanta the" Phuippiien. he "plait Consulate, he filled in no. form, he was not born in the Philippines and has never been there and" that he n'a "Chinese elise alt he did "was to give a Iimesit, asked for the defendant, which appears on certificate, and fendant's Mice $380, which he was told by a into iller of the dete! lant's stall was fee necessary Pay Spanish Consulate for his registra: tion as a Spanish subject. The plain tht states. that ound afterwards id atthe Spanish fendant in" his does. not deny that he effected the registration and, St effected. the registration cow Kweicching. 1 probably did not attend sate. "T do. not re= the "statement!
Chow was born inthe Philip= pines. T think Chow must have at-fended at the 'Spanish "Consulate. Although these statements are some: what evasive, nevertheless feel' Justined in coming to the conclusion that the defendant, did himself effect this false und fraudulent registration, dificult to understand. for what Feavon ft was. done unless it was the plaineif andthe merey of power ay liquidator under the Spanis "compan es completely Ronsblate. "K'da. wot know. whether the application form had to be sworn {or any way' it had to be alened' and fon the defendant's dence it Sbyjous, that" he. signed it Tei most distressing" and re-rettable that a man who has. been Exiled to the English Bar for- about So'years and. has. practised Admitted: legal "practitioner before this Court for about the same time, should have Tent himself to aptal and registration "is_ only sue, but. it is part of the hi "the case and site, Sorceras a legal practitioner in' Court, T felt bound not. to, pass Sip" without some. comment."
The British Court Appeal said they came there'
ion of the Court on [the allegation which was perfectly leasy to understand, that Mr, Kentwell effected a false and fraudulent registration of what kind it did not matter. "I do not propose for moment," said counsel, "to argue that if that be permanently est lished, Kentwell should not be re-
Jnoved from the rolls of the Court, bhut what I would like to tell the its preparation must necessarily take some considerable time. The Court, however, allows a month for the pre-aration of such notice and that particular case been filed by the end of September. May T say a word—or rather ask the Court to take my word—for something now as to the state of business in the Court where the trial was heard and when the appeal will be heard. [in the ordinary way, the next sit: ting of the Court of Appeal should be in December and, in the ordin-ery way, the last sitting of the Court of Appeal would have been in June. Owing, T think, to the departure of Sir Skinner Turner on the Extraterritoriality Commission, there was no sitting of the Court in June, There were at least two cases down for heating, in one of which a considerable sum of money. {fe involved. Both these cases remained for hearing and I believe that it is the wish of the Court to arrange a sitting of the Court o€ Appeal at the earliest. possible moment to deal with outstanding appeals. The Court of Appeal, think, requires the ce-operation of the Chief Justice of Hongkong, wha, of course, is not always available, and there is no probability that a sitting can be arranged in the month of September but that should sit in October or at the latest in the early part of Novem~ ber, I should expect. I have kept nuySol€ more or less in touch with ®'the arrangements and plans of that Court because I am interested in one of the appeals which come on and T have tried to forecast the future s accurately as I can, Kentwell's notice of appeal is due to be filed before the end of September and he will have to have his case ready for hearing when the Court of Appeal should sit and it should be expected that the hearing of that appeal would be an additional reason to arrange for the sitting of that Court at the earliest possible moment.
Avoiding an Anomalous Position "The Court will understand that what Tam asking is to defer any ection until the hearing of the appeal as it is possible that some, or of the present finding might be' revised and T suggest that the Court does not deal with tha matter to-day, it will not be neceasary to wait longer than six. oF feight weeks I would remind this Court that there is another Court, the h Court, which exercises disciplinary powers over Kentwell. Phe Crown Advocate is at. present Europe and the acting Crown Advocate left Shanghai a day or 0 ago. T was this matter last 9 my friend, who is acting for the Crown, and I understood from ti that, on behalf of the Crown Advocate, it is not proposed to take any action pending the hear~ of the appeal. OF course, fam assuming all through that all notices are filed within the specified time and that the appeal is pro-faceded with all due diligence 0 that T suggest to the Court that if adopts the, action I suggest it would be acting in conjunction with the other Court, which exercises power over Kentwell, I think that the position would be rather anomacus if, on the findings of—one Court, it remain possible for Kent well fo continue practising in that Court while debarred from another, Stand or Fall by his Appeal readily agree that Kentwell would stand or fall by the reguft
Text read from the printed page and cleaned; old type leaves the occasional error.