K
"
400
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:
[May 13, 1896.
He states
THE HONGKONG WEEKLY PRESS AND
in the duties.now payable. Article XXVI. imprisonment with hard labour. The case ag his liabilities exceeded his assets. of the Tientsin Treaty reads:-" Whereas was a very different one from that in which that his position was that he then owed $1,150 "the tariff fixed by Article X. of the Treaty Russian officers were recently convicted of more than he had. During the last Chinese year he continued losing till his position was that be of Nanking, and which was estimated so as taking photographs of the forts. There tie
owed $2.750 more than he had: He ́ further to impose on imports and exports a duty at intention was clu ly to obtain as full in-states that on the 5th January, 1896, he knew "about the rate of five per cent, ad valorem, formation concerning the forts as possible that he had not sufficient money to pay his has been found, by reason of the fall in and not the most benevolent imagination | debts. That being the state of things he entered "value of various articles of merchandise, could have arrive at the conclusion that into a contract about the 5th of January, 1896, "therein enumerated, to impose a duty upon the men concerned were mere "innocents to sell the hides of all the caitle to be slaughtered "these considerably in excess of the rate abroad.” It is difficult, too, to imagine that by his shop to the Yau Cheung firm during the originally assumed, as above, to be a fair in the present case the accused did not know ensuing Chinese year and borrowed from them an advance of $1,200 on account. He must have rate, it is agreed that the said tariff shall they were doing wrong in trespassing on "be revised,' etc.
The converse of that military ground, especially when they lad known they would not receive the hides. About a month afterward he gave up his shop, trans- now applies and by reason of the passed a notice luard stating that access was ferring it to another man, and left the firm to rise in value of various articles of mer- forbidden. Still, there was a very large sue him for the recovery of the advance of chandize the duty is now considerably below doubt in the cas, all the attendant circum- $1,200 and for damages for not supplying After the plaintiffs had gone the rate originally assumed to be a fair rate. I stances being different from what one would the hides. But the Tientsin Treaty also provided, that expect in the ese of professional spies, to the expense of issuing the writ he filed at each open port the amount of internal and on the whole it seems fairer to put stayed. Section 27 of the Bankruptcy Ordi: a petition in bankruptcy and got the action transit duties should be notified, and that down the indiscretion to ignorance or fully
nance, sub-section 4, coupled with section 10 goods might be cleared of transit dues in than to evil intent. After letting the obvious of Ordinance 6 of 1892, provides that "where one payment. This agreement has not been (ly guilty Russians off with a nominal fine the bankrupt has continued to trade after where carried out by the Chinese. In the South of $30, to have sent the possibly innocent knowing himself to be insolvent," or " the issue of transit passes has been steadily | Germans to guol for three mouths would he has contracted any debt provable in bank- and successfully refused, and in the North have raised painful reflections as to the ruptcy without having at the time of contract their issue is attended with unnecessary | equal administration of justice. It is a ing it any reasonable or probable ground of and vexatious conditions causing loss by mitted on all hands that a mistake was made expectation (proof whereof shall lie upon him) of being able to pay it," the Court, on proof of delay. It is further claimed by the Chinese, in the first case, and the commission of a
such facts to its satisfaction. may summarily in respect of imports, that even when goods į mistake in one case is no reason for repeat sentence the bankrupt to imprisonment with or are protected by a transit pass the protec- {ing it in another, but the circumstances of without hard labour for any term not exceeding tion only lasts until the point of destination is the two cases in question were widely dis- one year. Section 17, sub-section 5, of the and reached, that lekin may then he imposed į siniilar. In the case of the Germans the only Bankruptcy Ordinance, makes the notes of to any extent before they are allowed to levidence against then was the hare fact of the public examination evidence against the In this case it is abundantly enter into consumption. This is entirely being found on military land and as the bankrupt. contrary to the spirit of the treaty, and, as possibility of unintentional trespass must be we should contend, to the letter also, admitted when there is no evidence to the although that is not the official view. How-contrary, we think justice has been suffi- ever, an opportunity now offers of pl: cing | ciently vindiented by the imposition of a the whole question of the taxation of for- tine. The only drawback to that course eign goods in China upon a more satisfies, is that it may fead.to encourage real spies tory basis. If the request of China for a to
and obtain sketches rearrangement of the import tariff be ac-, photograplis of the forts in the belief! ceded to it should only be upon the condi- that if caught they will be able to set tion that one payment is to entirely free the ; up" équally" plusible excusés and goods from all further charges either during probably also get off with a pecuniary transit or after arrival at their destination. ' penalty only, The most dangerous and This has already been successfully done in ; most sitere-ful spies are always the case of opium, and the same system tirely above suspicion.? On the whole,
th... community will might be made applicable to all other however,
be HAR pleased to know that goods.
Captain Rasowinz and Dr. RUDOLPH are HOW THE PENALTY FUB TRESPASSING | speeding their way to Japan with their ship
instead of languishing in Victoria Ginol.
IN THE FORTS.
.
attempt
General satisfaction will be felt that Captain HASTINGS, the Acting Polise Magistrate, has seen his way to reduce the acnience he passed on Tuesday on Captain HARRASOWITZ and Dr. Rudolph, of the German mail steamer 'ohenzollern. The original sentence was three months' imprison-¦ BEFORE ment with hard labour and this has now been reduced to a fiue of $100 each, Notice of appeal was given at the first hearing, hut there was no possibility of an appeal being successful either on a question of law or fact;
RE
His
A
SUPREM
COURT.
May 11th.
IN BANKRUPTCY.
will
men en-
ON. W. M. GOODMAN (ACTING
CHIEF JUSTICE)
KWAI EX PARTE THE DEBTOR: FRAUDULENT BANKRUPT SENT
TO PRISON.
clear, and from the bankrupt's own evidence, that he has committed both the offences I have specified. He continued trading know. ing himself to be insolvent, and when he con- tracted the debt of $1.200 he had no reasonable
expectation of being able to pay it or of being able to supply the hides. It is necessary to make au example of so fraudulent a bankrupt. " some other cases men richly deserving im prisonment have escaped owing to difficulties of proof. In this case the proof is clear, and I sentence Ng Kwai to be imprisoned and kept to hard labour for the term of three calendar mouths for each offence, such sentences to run concurrently. I may add that I think this snuimary power which is conferred by our local Ordinance is a most useful provision in this colony where the bankruptcy jurisdiction of the Court is too often resorted to rather with a view of protecting unscrupulous persons from legal proceedings and from arrest than of realis- ing and distributing substantial assets in an equitable manner among the creditors. This judgment fully endorses the report of the Official Receiver, who very properly called attention to the offences for, which the bankrupt has been sentenced.
រ
RE FRANK WAPSHARE WATTS.
Mr. Grist appeared for Frank Wapshare Watts, who applied for an adjudication order in bankruptcy.
Mr. Grist-This is the debtor's petition, my Lord, and the application is made under section 8 of the Bankruptcy Ordinance 20 of 1891. I think, my Lord, it is only necessary to show that there are certain assets and te debtor is here to speak about them. The assets are esti- mated at about $5,000.
·
His Lordship-I was looking through the Government Gazette this morning and I saw that three writs of foreign attachment were out against this gentleman.
***
Mr. Grist-It is in consequence of the sudden pressure that his business has been stopped.
rdslup delivered the following judg the only point on which there was any
ment in this case the bankrupt Ng Kwai room for difference of opinion was as to the comes up for his discharge in pursuance of penalty, and that is left absolutely in the section 27 of the Bankruptcy Ordinance No. discretion of the Magistrate, so that had the; of 1891. It appears be carried on business case been carried to the Supreme Court as a butcher. He filed his petition on the 17th That point could not have been touched, of February last and a receiving order was upon in the appeal. It was
admitted made on the 3th of March. His Statement of on the 10th of March showed that the defendants were
upon Stone-i affairs filed
liabilities estimated by himself at 83,604. He cutters Island and that being so it lay put his user-is at $1,589. The Official Receiver with the Magistrate to impose any penalty has, bowever, so far only recovered $279. within the limits laid down by the Ordinance Whether more will be realized is problematical. that he in the exercise of his judicial discretion The public examination of the bankrupt might think fit. What considerations in took place ou the 2nd April last, and it appears duced Captain HASTINGS to modify his ori- from his own statements which were duly read ginal decision we do not know, but as all the over to and signed by him in accordance with the Orance, that he took over the business circumstances of thctise were consistent with
from his jather five or six years ago, an:l at that the defendants' possible innocence of any time the capital was about $1.100. It appears Improper intent in their trespass a general that each ear has shown a heavy loss, and at the Mr. Grist-Aɩ the present moment what do feeling of relief will be experienced that they beginning of the Chiness Now Yenc, which begua | you estimate is the amount of your assets ?
Petitiouer-Bonghly, $5,000. have not been subjected to the indignity of lin January, 1895, the bankrupt was insolvent, }
His Lordship-We must find out what his assets are in order to see whether it is a genuine case. 1 very often find this is a very different class of case from the Chinese cases. Generally in a case of this sort there are reasonable assets and some reason why the bankruptcy occurred. I think Mr. Watts had better be called.
Mr. Watts went into the box and, in answer to Mr Grist, said he had for some time been carrying on business in the colony as a manufao- turers' spent.