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HONG KONG & SHANGHAI HOTELS, LTD.
(Incorporated in Hong Kong.)
ESTABLISHED 1845.
No. 27,872
HONG KONG, TUESDAY, AUGUST 11, 1931.
TO-DAY'S
DOLLAR. — The
closing rate of the dollar on demand, to-day was 11d.
Manager
Court
FORT DUNLOP
IRREGULAR MEETING OUTDOING
ALLEGED
ARGUMENTS IN THE SZE YAP
APPEAL
QUESTION OF NOTICE.
CHAIRMAN'S LEGAL POWERS DISCUSSED
Submissions that notices convening a meeting of shareholders
GERMANY
NEW HUNGARIAN
DECREE.
MONEY CONTROL
DETECTIVES ON THE
FRONTIER.
SHIP TO SHORE
NEW TELEPHONE
EXPERIMENT.
14
"CLAN LINER"
CONNECTED WITH
CITIES.
PRICE $3.00 Per Month.
RECKLESS CAR
DRIVERS.
Accidents Narrowly
Averted.
HEAVY FINES.
were
Many traffic offenders dealt with by Mr. Williams in the Central Police Court this morn- ing, and fines totalling nearly $80, were imposed for danger- ous driving.
An Obstructíonist,
Local Branch, Pedder Bldg. Tel. 24554,
ON STATE AFFAIRS
T
PREMIER RETURNS
TO LONDON.
MANY
ECONOMY REPORT
CONSIDERED.
WAIT AND SEE
BANK EXPERTS
MEET.
GERMAN CREDITS
NEGOTIATIONS DIRECT.
Budapest; Yesterday.
Rugby, Yesterday: Hangary is outtoing Germany An interesting experiment was of the Sze Yap Company were imperfect and irregular and invalid, in the severit of emergency de- inaugurated in Newport Docks, were made by Mr. F. C. Jenkin, on behalf of the appellant, ex- crees; the latest of which abso South Wales, to-day, when a Clan directors, before the Full Court of Appeal this morning.
lutely forbids money to be sent Line steamer was connected tele: Mr. Jenkin also alleged that he had been precluded in the out of the country in any form, phorically with London, Glasgowing the Sergeant defendant drove returning to London. from Lossel- Bank of International Settlement
except with the permission of the and Liverpool. Cables had been National Bank, Detectives are laid to the general cargo side of notice was upon plaintiffs. In fact, some of his witnesses had de. Supervising the frontier in order the docks, where nine plugging in all directions.. "It was just an wishes to gain closer touch with many, and to study the possibilities
Lower Court from contending that the onus of proof of service of
nied receipt of notices. Again, the time of the notice was too short for statutory requirements.
to prevent any infraction.-switches had been installed. Reuter.
Counsel also dealt with the statutory powers of a chairman as regards declaration of voting, and authority to close a meeting.claim that plaintiffs in the Lower
UNOFFICIAL MEMBERS
two million it would have been no proof of service.
The Chief Justice: Then you
Court did not prove an essential point of their case?--Yes, my Lord.
Mr. Sheldon rose to say that if the point was going to be taken
cross-examination in the Court be- Resolutions Invalid?
low. It was never put to the plain- Counsel quoted authorities intiff's witness who had said notices support of this argument. He were sent out that in fact they
The Court is composed of Sir, statutory power to convene a com- he would remark that there was no Peter Grain, sitting as President, pany meeting. the Chief Justice (Sir Joseph H. Kemp, K.C.), and Mr. Justice Lind- well.
Mr. F. C. Jenkin, with Mr. Leo maintained that it had been laid were not. d'Almada, jun., is appearing for down that if any company meeting
Mason.
Mr. Jenkin: But 1, did examine
Point Reserved.
The Clan Line has used Newport Docks for forty years and, It is es timated, it has carried two million tons of cargo to Egypt and other parts of Africa, including locomo |tives and railway carriages.
Similar facilities for the connec tion of ships berthed in dock to the Trunk Telephone Service will be available soon at Swansea and Cardiff-British Wireless Service.
CLOUDY AND SOME RAIN.
**
The Royal Observatory's re- port issued this morning at 10.44 o'clock says:-
小
Forecast: S.W. winds, mo- derate; generally cloudy, some rain.
The American Consulate -General-received-the-following telegram from the Manila Observatory at 11.20 am. to-day:---
Typhoon in about 115 de- grees Long E. and, 28 degrées Lat N. moving W.N.W.
Rainfall.
the defendants-appellant (the old was held without such due author- the witness as to the sending out directors of the company), being ity, then the resolutions passed at of notices. He made a bald state- instructed by Mr. Leo d'Almada, such a meeting were invalid.
The typhoon is shown as a ment that they were, and then I sen.; whilst Mr. H. G. Sheldon
somewhat Mr. Jenkin's next point was that asked him various details which he
deep depression appears for the Sze Yap Company, misleading or insufficient notice did not know."
S.E. of Changsha, ,plaintiffa-respondent, being in- would Invalidate any rezolution The President: He did not say A feeble anticyclone is cen-
structed by Messra. d'Almada and passed. at a subsequent meeting. It that he sent them out himself, in
tral between S.W. of Japan was essential in calling the second fact? No, my Lord, he did not. and the Bonina. Mr. Jenkin, before continuing his and confirmatory meeting, that the
Mr Sheldon: But my friend legal argument, said that he would exact terms of the resolutions to be never put it to witness that the like to put right something he considered should be set out notices were not sent. That is the had said yesterday, and which had There was no power to vary, or real point. arisen out of a question by the amend those resolutions at the con- Mr. Jenkin: There is no question President. He (counsel) had pro- firmatory meeting. They had to that I brought it fully home to duced a minute book then, with an be voted on just as the notice set plaintiffs that they had to prove entry concerning the meeting of out, or at least substantially set the sending out, because I made July 8. He wished to explain that out. The law on the point was it clear during Mr. Potter's open- that book was not the minute book most precise.
ing speech, and the judge noted of the company. There were in
It was his submission that the the fact. fact two lots of minutes kept, one resolutions in this case were notj by either side, but there was no set out fully, which would invalid- entry in the company minute book] ate them had they been passed. concerning the meeting.
Length Of Nolice.. Mr. Justice Lindsell: Then this
The third popint was that of book you speak of was really a sort length of notice. In the absence of private minute book belonging or any other provision in the A to Mr. Li Yu-tong?
ticles the Ordinance laid down Mr. Jenkin: Not exactly that, My a meeting could be called at seven Lord, but it was at any rate a non-days notice. In this case the arti Mr. Sheldon: One of my friend's company book. I understand that eles did not contain any such witnesses gave evidence in chief, the original minutes were. kept on provision. But both notices, the was then cross-examined, and lat- a plece of paper,, and later a clean advertisement and the circular, er, in re-examination, said "I did copy was made into the book. were dated July 17, and called a not receive a copy."
Mr. Jenkin: I received permis- No Value As Evidence.
meeting for July 24. Counsel The Chief Justice (Sir J. H. maintained that this was too short sion from the judge to put that Kemp): What is the bearing of all a period in point of law, because extra question. Mr. Petter was at this on the case? If what the seven days must be calculated liberty to cross-examiné upon it.
Mr. Sheldon: The statement was I had been told had been exclusive of the day of issue or the proper minute book, then service and the day of the meeting, not made in evidence-in-chief.
The Prealdent intimated that the the entry would be prima facie evid-
Onus Of Proof. ence that the meeting had been pro- Continuing, Mr. Jenkin said that point would be reserved. perly held and conducted. How he had been precluded from ad- Mr. Jenkin agreed, pointing out eyer, I don't think the book I had dressing the Court below on the that he made it clear from the be- yesterday was of any evidential fact that the plaintiffs had not ginning that he denied issue of proved notices were sent out to all notices, or that they had been all
value.
Mr. Jenkin went on to remark that several of his witnesses had actually denied receiving notice, whereupon the Chief Justice re- marked that such evidence hardly helped him in his contention as to the onus of proof being upon the other side.
Mr. Sheldon rose to interpose, the shareholders. His contention sent out.
Powers of Chaléman,
but. Mr. Jenkin explained that he had been that plaintiffs had the
Continuing, Mr. Jenkin took up was making a point against his own, onus of proof upon them to show the question of the chairman's de case. He did so because it arose this had been done. No evidence claration. He claimed that in the out of a question from the Presid had been produced by plaintiffs to
this effect, and he did not think it absence of fraud or inaccuracy the
dive
ent..
Mr. Jenkin then went on to deal was his duty in cross-examination chairman's declaration was conclu- with the question of notice of mest to prove their case for them. Mr. Sheldon entered a formal ing to the shareholders. He had Consequently the point had not protest against the argument, say already submitted that notice by been dealt with, but nevertheless ing that it had never even been advertisement was ad notice at all the Trial Judge had stopped him hinted at in the Lower Court Now he wished to deal with the (Mr. Jenkin) from bringing up the The Chief Justice: I suppose you question of servics of notice. When matter after the ovidence had all say, if you are permitted to take the requisitionists called the extra-been taken. If the Court now took this point, that the chairman de ordinary meeting they were acting that view he would have to bowclared the eight resolutions (of the with authority to do so for the first to the previous decision: time only. Their authority to call Printer's Evidence Useless.
| requisitionists) - negative? ; d
Mr. Jenkin: Yes; my Lord, 200 confirmatory meeting could not Some discussion folowed, Mr. Have you any evidence on the arise until the directors had failed Sheldon, for plaintiff respondents, point? I am relying upon the to do so for a period of seven days stating that the printer, had given verbal declaration at the meeting from the date of the first resolution, evidence
that a resolution was carried that Not until the directors had failed Mr. Jenkin: That doesn't matter they deal with chartering and divi
exercis heir authority for this He said he had printed two thou- dend matters alone fer el
requisitionists any sand coples If he had printed for (Continued on page 18.).
periodi
Rainfall for 24 hours end- ed at 10 a.m. to-day, nil. Total since January 1-50.05 inches against an average of 57.18 inches deficit 7.08 inches.
Temperature.
The temperature at certain specified centres this morning
at 6 o'clock was
Hong Kong.
83
Macao
.81
Pratas Island
88
76
82
Chefoo Shanghal
77
81
Manila Foochow
LIVERPOOL COTTON MARKET.
Slumps and Then Recovers.
A fine of $20 was imposed on
Rugby, Yesterday. the Chinese driver of a public The Prime Minister, Mr. Ramsay car who, according to Traffic Ser- MacDonald, who has been in Scot- geant Brown, had caused an ob-land since the House of Commons struction in Hill Road. On see-rose for the Summer vacation, is
off at a fast speed, cansing pedes mouth by train to-night. trians in the street to scatter in
attempt to get away from me," added Sergeant Brown.
Inspector Alexander said that defendant had had two accidents, and had been taken before the Inspector-General of Police and
warned.
He was fined $20.
Rugby, Yesterday. There was a meeting to-day-at Bagle of the Committee of Banking Experts, which the Seven Power Conference on July 28 requested the
"to set up to inquire into the imme- It is understood that the Premier diate further credit needs of Ger-
current State business. It le his of converting a portion of her short intention to see as many Ministers term credits into long term.” as are in London to-morrow. The "The Committee consists of repre- whole general situation, both poll-sentatives nominated by the Gor- tical and financial, is expected toernor of Central Banks and ls' pre-
MacDonald and his colleagues for United States member. the next day or two, -
engage the attention of Mr. sided over by Mr. Albert Biggin,
The Chancellor of the Exchequ- er, Mr. Philip Snowden, will, prob- ably, return to London from his home at Ilford, Surrey,
A Lucky Escape. Whilst proceeding along Island Road, on the afternoon of July 28, a party of Police motor cy- It has been previously arranged
lists, headed by Traffic Sergeant that Mr. MacDonald should come Brown, had a narrow escape from south for a meeting on August 24 from might have been a very seri-of the Cabinet Sub-Committee ous accident. It appears that a which is to consider the report of public car, driven by a Chinese, the Economy Committer. came round a bend, from the op- It is not possible to say if these posite direction to the cyclists. arrangements will be modified, or and on the wrong side of the if the Sub-Committee will meet road. The incident happened earlier, but the Economy. Report is just past the Deep Water Bay bound to be one of the leading golf links, where there is a bad subjects under discussion between hend. "If we were driving not the Ministers. "we would have collided with the Acfendants car."
Defendant, who had three pre- vious convictions for dangerous driving, was fined $25.
Speeding,
| ̄ ̄ ̄ ̄Coming out from
O'Brien
It is believed that the Prime Minister hopes to transact the im mediate business in hand within à day or two and return to Lossie- mouth to resume his holidays British Wireless Service.
Speculation Rife.
London, Yesterday.
It took note of the direct nego- tiations now proceeding between London, New York, París and Zurich, and reached the conclusion that no decision should be taken until the results of these negotia- tions are known.
The British member is Sir Walter Layton, a Director of the Bank of England. British Wireless Service.
The amount of timber cut in the district of Thunder Bay, during the year ending June 10, 1931, is re ported by the Crown Timber Agent as follows, with the previous year's figures in brackets: Sawlogs: 250,- 036 pieces (182,109 pieces), dimen- aion timber 18,614 pleces (6,260), telegraph
poles 12,842 pieces (2,855), cedar posts 24,112 pieces 79,201), rallway ties 240,567 pieces (228,297), and, pulpwood 175,625 cords (542,087 corde).
Road, a Chinese public car driver
February 11 under the Chairman- was said to have driven at a
ship
Ite of Sir George May. Mr. Ramsey MacDonald unex-report recommands a large num- sneed of 85 miles an hour across | Lockhart Road. Traffic Sergeant pectedly left Lossiemouth last ber of economies in Governmental Baker said that defendant did night for London and opened the expenditure totalling £96,500,000.
Poli- spund his horn, but, even then, if floodgates of speculation. there had been any other car pass-tical wiseacres are foreshadowing
Dole Cut Urged.. The economies recommended ing at the time there would have vital moves in the political and by the members of Sir George been a nasty smash. A fine of financial situation. $20 was imposed.
at prac... May's committee strike Economy Report.
tically every phase of national They include a 20 Apart from his two days' meet- expenditure. ing with Mr. Stimson, Mr. Mac- per cent. reduction in unemploy. "dole" pay- Donald found time to digest the ment insurance.or Traffic Sergeant Brown said weighty report of the Economyments with a consequent saving of
include They that defendant drove at a speed Committee which was published £66,500,000.
Dangerous Driving. "Prosecuting a Chinese driver for dangerous driving,
a
ex.
of 85 miles per hour from a pri- before the prorogation of Parlia- reduction in the road fund vate parking stand (where he ment. The Report emphasised the penditure by £7,885,000
Among the recommendations of had no business to be) down importance of drastic economiea. If
on National
Ex- Whitty Street to Queen's Road national bankruptey was to be the Committee
penditure is one providing for West turning to French Street. avoided.
the Introduction of the 1925 rates finally- stopping, and turning off
of pay for all fighting services his lights,
with a consequent saving of £2,199,- 000. There is also recommended s 12% per cent. in the pay of British
Measure for Salvation? The report may have so impress Defendant was fined $10 fored. Mr. MacDonald that he decid- speeding and $5 for parking at a ed the Cabinet Committee compris private stand.
ing himself, Mr. Snowden, Mr. A... Thomps Henderson and Mr. Graham should, meet Immediately
Toating.
•
saving
policemen with a. *£925,000.
Economy Report. ....
In another case, Traffic Inspec- for Alexander sald that her to concert measures of salvation, The economy report states that although the Committee was not ene parked his car twenty feet on due to meet till a fortnight hence, the following considerations:-
its recommendations are based on the roadway at the junction of All members of the Committee Connaught Road West and Des
1-The rise in the value of
Voeux Road, near the Macan were holidaying within easy die-money during recent years steamers wharf. At the time, tance of London.. defendant was also touting for Snowden's Gigantic Conversion passengers, having his door open
થઇ
an invitation to fares. fine of $10 was imposed.
A
Scheme,
2.The existing financial dim- culties necessitate the Governmen tal consideration of expenditure in just the same way that individuals have been forced to reduce their.. budgets.
It is likely also that Mr. Snow INCREASED BUYING;
den desires to put the finishing touches to his announced gigantic Ignored Traffic Signal, conversion scheme and, therefore, Following
London, Yesterday.
Prosecuting another Chinese is anxious to know how far his col slump, cotton prices Ister in the Traffic Inspector Alexander said recommendations of the Economy,
this morning's for disobeying traffic signals, leagues are inclined to follow the day showed some recovery in con- that he was riding his motor Committee, especially where social sequence of low values attracting vele down Garden Road. About services are concerned. Repter. increased buying Interest, espo- 50 yards from the signal post. cially from the Continent, which is at the fanction of
To Sell R1007
Bartier News Queen's Road Central and Gar- Among other drastic": economies. In its conclusion, the report The Liverpool cotton market is, den · Road, the green light was recommended in the report of the, warna that unless its recommenda
staggered by the great increase shown in his favour
in production set out in the off-Defendant, who had the red clal United States estimate. light against him, drove on and Futures opened about one stopped alongside the post just hundred points lower, equal to a in time avoid a collision De penny alb, but have now slight fendant had two previous con- Iz ralled. Reuter
victions, and was fined $10.
Nailon Warned, 8.The strictest economy of
tored to its pre-war level of pros Great Britain's trade is to be res- perity. The same economy and effefency must be effected: If un employment is to be reduced sub- London, Aug. 8. stantially,
Committee on National Expenditions are adopted the only alterna- ture the investigatore recom- tive is a most heavy increase in mended the immediate sale or taxation, coupled with borrowing. dismantlement of Great Britain'sThat would lead inevitably to \"|| the Intensification of our financial great dirigible, the R-100.
The Committee on National Ex- dificulties, the report, avera plenditure... was feestablished on: United Press.