HYNDMAN-JONES J., upheld the objection

Van Someren then called Lo TSONG YAO, the acting Consul-General for China, stationed at Singapore, who stated as follows:-

"I have made a study of Chinese Law. I have not passed examinations in it. I am eligible to be a sub-provincial Judge in China.

"I have studied the Law for 4 or 5 years. I have studied the law of marriage. I have assisted in administering the law of China in Japan as Assistant Judge. I have been admitted as an expert in Chinese Law in the Straits Settlements. According to the law of China a Chinaman cannot have two wives living at the same time. If, having a wife, he goes through a form of marriage with another woman he is punishable with 90 cuts or less with a bamboo by a Judge. According to Chinese Law the second marriage would be void and the woman ordered to go back to her family, or someone ordered to support her.

"By Chinese Law a Chinaman can have as many concubines as he wishes but they are under the control of the first wife. She could order them to do the household duties and even prevent them living with the husband. The children of concubines would call the wife their mother. Going through a form of marriage with a woman does not in any way affect her status if a man has a first wife. The Chinese Law allows concubinage but not polygamy. Concubinage is permitted in favour of male issue. The essentials to a Chinese virgin marriage are:-

"'(I) Presentation in the family temple, i.e., the room where the ancestral altar is placed, i.e., to worship the ancestors and be presented to the members of the family and the parents and so on.

"'(2) The worship of heaven and earth - the Deity - some have written characters, some have images. I think what is called the "SAN KAI" here, represents the Deity. A Chinaman or woman can apply to the Court for divorce, or an agreement witnessed by members of the family constitutes divorce - only these two.'

"I heard WEE AI CHOO's evidence read over to me; in my opinion that constituted a valid marriage according to Chinese Law. I have heard YEOH YEAN NEOH's evidence read over to me. According to Chinese Law one of the very important parts of a Chinese marriage ceremony has been omitted, viz., the worship of the ancestors. As to the presentation ceremony only half of it has been performed, viz., the presentation to the parents, and the presentation to the ancestors has been omitted, but, according to Chinese Law, as the presentation to the parents has been proved, the presentation to the ancestors would be presumed, unless direct evidence was brought to show it had been omitted. Were it not for any previous marriage I should say that this last form of marriage would be a valid marriage but as the first wife is in this case living, this second marriage is void."

Cross-examined by Allen:-

"There are 18 provinces in China and the marriage ceremony varies only in small points. In Chinese there is one word for wife and one word for concubine. I do not think a concubine should be called a 'second wife.' The Law does not prescribe any particular number of bows, but the obeisance must be on the knee; in worshipping the ancestors according to the code of ceremonies the kneeling is then prescribed.

"When a Chinaman takes a concubine the concubine would perform the ceremony not the bridgroom. If a Chinese husband, with his wife alive, went through the forms of marriage with another woman she would have to get divorced from him before she was free. I still say the second marriage would be void. The Court would say the second marriage is void. I have not got the books on Chinese law published by authority. (Re-examined). But I have studied them. The Court would convict the man of bigamy in the case put by Mr. Allen, and set the woman free, or the woman could ask to be set free. By 'divorce' I do not mean the severing of a real tie."

No evidence was called on behalf of the prisoner.

Van Someren contended that case for prosec