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or authority from the said Jewish community to sue in this suit for and on behalf of them- selves and of all others the members of the Jewish community in Hongkong except the defendant. On the cont rary many of the mem- bers of the said Jewish community are opposed to the said Inland Lot No. 1,381 or to any portion of it being used as a site for the new synagogue, and many members of the said community were opposed to the commencement of this present suit and are opposed to its being proceeded with.
THE HONGKONG WEEKLY PRESS ANL
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December 8, 1897.
will be glad to hand it over upon being re-tronbling you but I understand that your archi. imbursed the cost and interest, otherwise tect has not yet approached Mr. Danby and as be will keep it himself." The next letter I do not wish to be at loggerheads with the was from The Director of Public Works Government or run the risk of having my pro- and dated 12th June, 1896. The letter was perty coufiscated, I shall thank you to settle addressed to Mr. Dauby and informed the matter within the next three days or I shall him that His Excellency the Governor had be compelled to make use of the site to the best approved of the land in Kennedy Road be advantage.-I am. gentlemen, yours faithfully, ing put up for public auction under certain con- E. R. Bélilios." On the 11th March, 1897, Messrs ditions, one of them being that only buildings Sassoon, Raymond, and David replied as fol. of the class known as European houses should lows :—" Dear Sir. We are in receipt of your be erected on the site. On the 12th June Mr.letters of the 8th and 10th inst. and in reply Counsel then said that, analysing the plead Danby replied stating that his client agreed to beg to inform you that we have decided to take ings, it appeared to him that the practical issues the conditious, and on the 18th June Mr. Dan- over the whole of Inland Lot 1,381 for the raised were-(1). Have the plaintiff's authority by wrote to the Director of Public Works ask-erection of the synagogue and so will feel: to sue for and on behalf of the Jewish coming him if he would kindly put up for auc. obliged by your having the same transferred to mnuity? (2). Did the defendant purchase the tion
of piece of ground to the south 118. Mr. Belilios wrote on the 12th March to - said Iuland Lot 1,381 for and on behalf of and the lot in Kennedy Road and above it, in the Messrs. Sassoon, Ezekiel, Raymond, and David: as the representative of the Jewish community Macdonald Road. On the 1st July the Director -"Gentlemen,-In reply to your letter of yest- or on his own behalf? (3). Has he placed hini-of Public Works wrote stating that His Ex-erday I am extremely sorry to be unable to self in the position of trustee in respect of that cellency the Governor approved of the sale of comply with your request by transferring to lot P (4). Did he promise to hold the said lot the land on Macdonald Road under certain you the whole of I. L. No. 1,381. Your Mr. for the Jewish community for twelve months conditions. Conusel here explained that he put Ezekiel and Mr. Chater, directors of the Hong- from the date of the purchase by him? (5). Has in all this correspondence so as to connect all the kong Land Investment Co., will convince you he within twelve months been called on to as- points in the case. Lot 1.381 was put up that owing to your inaction and owing to sign? (6). Is the site suitable for a synagogue separately and bought separately. At the same having been repeatedly told that the majority as regards the number of people likely to fre-time Mr. Belilios applied through Mr. Dauby to of you were not favourably disposed towards quent it, as regards the funds at their disposal, have a piece of ground immediately behind and the lot in question, since its sale, I have become and as regards the special condition contained above that lot of ground to be put up for sale. the proprietor of the sites overlooking it. My in the conditions of sale? In reference to the last It was sold a considerable time after the date arrangements to utilize them in conjunction issue counsel's contention was that those ques-. on which lot 1,381 was sold. Judging from the with the land below are too far advanced to tions were wholly irrelevant in the present suit. correspondence that passed between the parties, permit of my making such a concession as the The facts were broadly as stated in the petition. it seemed to be an argument on the part of the one proposed. When I suggested the purchase Since 1890, or thereabouts, the Jewish community defence that those two lots were practically of the plot in question one of the reasons which in Hongkong have been seeking for a new site purchased by Mr. Belilios one in connection precluded you from acquiring it was that it for their synagogue. They had a synagogue with the other and for the purpose of more was too large for your requirements. No at the present moment in Staunton Street and conveniently building on either one or both the alteration in your conditions since then has in consequence of the change that had taken lots. On the 3rd July, 1896, there was another taken place to warrant a change in your opinion place in the immediately adjoining parts of the memorandum from Mr. Moses to Mr. Silas in regard to the matter. You have no claim town and the strong influx of Chinese of not stating that Mr. Belilios desired the writer to on me; land has appreciated in the neighbour- the very best class the site had been rendered say that the site of the proposed synagogne bood; but simply because I am a member of almost entirely unsuited for a place of public in Kennedy Road was advertised for sale. your community, wishing to see a synagogue worship, and since 1890 the Jewish community Mr. Belilios hoped that three of the trustees erected in the colony I can only consent to have been seeing what they could do with a would be present at the sale, in order that transfer to you land ab olutely necessary for view to changing the site. Applications were there might not be any competition, as your purposes. Under the circumstances, made to the Government in 1891, and the several people had their eyes on the lot. Ou the therefore, nuless the apportionment of the particular piece of ground which is now in dis- 10th July Mr. Danby wrote to the Director of ground is settled between Mr. Danby and your pute, although then divided by the Government Public Works accepting the conditions for the Mr. Orange before Monday next I will be into two lots instead of one, was the subject sale of the ground between lot 1,381 and compelled to deal with the land as I may of application to the Crown with a view to its Macdonald Road. That property was sold in be advised, without further reference to your purchase for a synagogue, and at that time August, 1896, while lot 1.281 was sold on the good selves.I am, &c.. E. R. Belilios." On certain reports and plans were prepared and 13th July, 1896. The next letter was 'dated the 12th March Messrs. Sassoon, Raymond, and drawn up by Mr. Danby for the information of 17th June, 1896, and was from Mr. Moses 1 David-replied as follows:-" Dear Sir,-We are the Jewish community. Nothing, however, came Mr. Silas explaining measurements and desiring in receipt of your letter of to-day saying to our of the proposal and the agitation. In 1894 | him to produce certain papers at a meeting to surprise that you are unable to meet our request the consideration of the question was resumed be held. On the 8th March 1897, defendant wrote to transfer to us the whole of Inland Lot 1381. and in October of that year a sub-Committee to his co-trustees, Messrs. D. R. Sassoon, M. In reply we have to point out that the lot in was appointed for the purpose of considering | Ezekiel, and A. J. David, as follows question was purchased by you on behalf of our the matter in its general bearings. In 1895 Gentlemen, With reference to the site in community for the purpose of erecting thereon the question WAS again discussed, but Kennedy Road which I am holding on behalf a synagogue, and according to your letter of the in consequence of difficulties about funds of the community for the purpose of erecting 8th inst. we have no doubt that you will admit nothing definite was done. In May, 1896, the thereon the proposed synagogue, I beg to inform that the said lot in its entirety should be trans- matter was again revived. On the 15th May, you that eight months have already elapsed out ferred to us.--We are, › c. On the 13th March 1896, a memorandum was drawn up at a meeting of the year for which I'agreed to keep it at your Mr. Balilios wrote as follows to Messrs. D. of the Jewish community and signed by forty disposal. I have myself barely ten months left R. Sassoon, M. D. Ezekiel, A. G. Raymond, then resident members of the Jewish community wherein to complete the buildings I may like to and A. J. David: "Gentlemen,-In reply appointing Messrs D. R. Sassoon. M. D. put up there should you decide to give up this to your letter of yesterday received only Ezekiel, Hon. E. R. Belilios, and Mr. A. J. land, and as I hear the majority of you are of this morning adverting to the Kennedy Road David trustees for the whole of the property, this view and are shortly to leave the colony, site, I regret to be obliged to refer you to furniture, &c., and any valuable funds belong. I shall feel obliged by your favouring me my communication of yesterday beyond the ing to the synagogue in this colony. On the with your opinion within the next week, concession made wherein I am sorry I cannot same day Mr. D. R. Sassoon, Mr. Belilios, and whether you would like the site finally re- go. I am, gentlemen, yours faithfully. E. R. Mr. David signed the following memorandum. tained for the new synagogue or not.-I Belilios." There appears to have followed certain "At the request of our community of this am, gentlemen, yours faithfully, E. R. Belilios."conferences between the parties but they were colony we, the undersigned, are willing to be- On the 8th March Messrs. D. R. Sassoon. A. J. come trustees of any valuable fund belonging Raymond, and A. J. David replied as follows | to the present synagogue." As was pointed out to that letter: We are in receipt of your in the answer, although there were about 150 letter of this date and in reply we are willing members of the community, including men, to take over the site for the erection of the women, and children, the total number of adults synagogue, and we shall be obliged if you will was about 57 in regular attendance, and of these instruct your solicitor to prepare the transfer 40 or 42 had signed that memorandum. On the to us, on the completion of which we shall pay 28th April, 1896, Mr. Danby wrote to the
you the cost.” On the same day Mr. Pelilios Director of Public Works asking for the piece addressed his reply, not to the three gentlemen to of Crown land at the west corner of Kennedy whom he had first written but to the three who Road to be put up for public auction at an early bad written to him. The letter was as follows: date. The letter concluded: The ground "Gentlemen, I beg to thank for
you your letter referred to was the site sought for some time of this date informing me that you are willing ago for the new synagogue." On the following to take over the site for the proposed synagogue day Mr. E. J. Moses, a clerk in the employment and requesting me to instruct my solicitor to of Mr. Belilios, sent the following memorandum prepare the transfer of the same to you. Be to Mr. Silas, who is in the employ of Messrs. fore doing this, however, I will be glad if you Sassoon, Sons and Co:—“ My Dear Silas,-Mr. | will arrange with your architect to meet my Belilius has instructed Mr. Danby to apply for architect, Mr. Danby, and settle with him as to the site of the proposed synagogue in Kennedy the portion to be transferred.—I am, gentle Road as he thinks further delay would be inadvisable. If the community would like to take it from him within a reasonable time he
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men, yours faithfully, E. R. Belilios." On the 10th March, not having received an answer, wrote as follows:-Gentlemen,-Excuse my
unable to come to any agreement as to how the matter should be disposed of.
Mr. Pollock-I do not admit that my friend is correct there.
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Mr. Francis said that so far as the plaintiffs were concerned the matter ended there. On the 27th March Mr.Belilios wrote as follows to Messrs. D. Gubbay, A. J. Raymond, and A. G. David: -"Gentlemen,-Herewith a letter I received from Mr. Danby dated 26th inst. enclosing two plans with reference to the site for the proposed synagogue. I shall feel obliged by your con- sidering the matter and letting me know by next Monday whether you will take the land or not. Yours faithfully, E. R. Belilios." On the 29th March these gentlemen replied as follows:-"We are in receipt of your letter of the 27th inst. enclosing letter and plans. We regret extremely that we are unable to give you a portion of Inland Lot 1,881 on the terms suggested. We have decided to take over the whole of Lot 1,881 as originally intended and would ask you to arrange transfer, &c. with Messrs. Deacon and Hastings without further
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