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SUPREME COURT.
September 7th.
IN ORIGINAL JURISDICTION.
BEFORE SIR JOHN CARRINGTON (CHIEF JUSTICE) AND MR. JUSTICE WISE (PUISNE JUDGE).
LI YUEN WA AND OTHERS V. LI CHUNG
PUI.
In this case Mr. J. J. Francis, Q.C., and the Hon. Dr. Ho Kai (instructed by Mr. C. Ewens) appeared for plaintiffs, and Messrs. H. E. Pol- lock and Mr. W. Slade (instructed by Messrs. Wilkinson and Grist) for defendants. Mr. H. L. Dennys watched the case for a client.
THE HONGKONG WEEKLY PRESS AND
6th September.
Mr. Francis said he was afraid they were at the commencement of what would prove a very long and a very troublesome argument involving an investigation into the history of a very valuable estate comprising some 28 lots of land in Hongkong and personal property originally estimated of the value of about $216,000, extend- ing over a period from 1864 practically to 1884 and even later. They were thers that day for the purpose of trying six special issues which were settled and approved by the Chief Justice in chambers, and which were set down for hearing before the full court in pursuance of an order dated 2nd February last. Before dealing with the issues he thought it would assist their lordships and help to clear the ground if he referred very briefly to the course of the litigation which had brought them to that point. On August 17th, 1895, the originating summous was issued against Li Sing, and that originating sum
mons
IN SUMMARY JURISDICTION.
BEFORE MR. JUSTICE WISE (PUISNE JUDGE).
ALLEGED BREACH OF CONTRACT.
A. Santos, pianist, songht to recover $100 from G. Neubruun, formerly of the Land We Live In public-house, for breach of contract. In an agreement defendant agreed to employ plaintiff as pianist at the public-house named for a term of 12 months from the 6th December, failed to keep the agreement to pay $100. On 1897 at a salary of $35 a month, the party who August 6th plaintiff received his salary, and license had been transferred. He went to the on the 13th August he left the hotel, as the
Travellers' Rest as pianist at $50 a month.
His Lordship held that the contract was broken by Miss Neubrunu, who held the license for the Land We Live In, and she was ordered to pay the amount claimed.
HONGKONG GENERAL CHAMBER OF COMMERCE,
At the monthly meeting of the General Committee of the Hongkong General Chamber of Commerce, held at 3 p.m. on Thursday, the 1st September.-Present Messrs. H. M. Gray (Chairman), Herbert Smith (Vice Chairman), A. Haupt, J. J. Bell-Irving, T. Jackson, A. McConachie, H. A. Ritchie, N. A. Siebs, T. II. Whitehead, and R. C. Wilcox (Secretary).
MINUTES.
The minutes of the previous meeting (beld on the 9th August) were read and confirmed.
THE CUSTOMS AND THE COLONY.
Agreeable to notice previously given, Hon. T. H. WHITEHEAD, in a speech of some length, moved the following resolutions:
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[September 10, 1898.
INCREASED RENTAL OF WHARVES AND
PIERS.
Attention having been directed by the River. Steamboat Companies to the great increase suddenly effected by the issue of a notification in the Government Gazette, in the rentals of wharves and piers, a letter was addressed by the Chamber to the Government pointing out the onerous burden the maintenance of a wharf would become when it is non-productive and only. provided for the convenience of the travelling public and suggesting a revision of the new
scale.
To this communication no reply has yet been received.
QUARANTINE.
Letters from Government had been received
tion issued by Burmah Government respecting dated 11th August, enclosing copy of a notifica-
the enforcement in Burmese ports of quarantine against arrivals from Amoy and Swalow,
And 24th August, informing Chamber that a telegram had been received from India stating that quarantine regulations against Hongkong, Cauton, Macao, and Swatow had been with- drawn.
CROWN LEASES.
The proposal by Government to in future issue Crown leases for a period not greater than 75 to 99 years, instead of 999 as hitherto
in the city of Victoria came before the Com- mittee. The consideration of the question was deferred to next meeting.
ALLEGED PROHIBITION AGAINST CHINES R
AT MANILA,
The VICE-CHAIRMAN asked if members had noticed the statement in the papers to the effect that the American Consul-General had received an intimation from Manila that no Chinese will be allowed to land at that port? thought this was a very important matter.
He
Mr. BELL IRVING concurred, and said that, if put into force, it would practically stop the large passenger trade between Hongkong and
Manila.
1-That the continued existence of the
After a brief discussion it was resolved to Imperial Chinese Maritime Customs in Hong-await official confirmation of the notification kong, of Chinese Customs stations in the before taking action, and consideration of the immediate neighbourhood of the colony, and of question was deferred to the next meeting. Chinese steam cruisers and launches in Hong- kong waters is a serious interference with fl freedom of commerce and a great impediment to the development of the trade of the colony, especially of the trade in native vessels, and inflicts a grave injury in British prestige and credit in the eyes of our Chinese subjects.
2.-That the Imperial Chinese Government should be required to remove its Customs establishment from Hongkong, Kowloon, and the immediate neighbourhood of the colony, and should be required to collect its Customs duties like all other nations in its own ports and not at stations specially established for the surveil- lance of the trade of Hongkong.
was taken out for the purpose of getting a decree for the administration of the estate of Li Yuen Kong, the father of Li Chung Pai, who had died in 1879. The ordinary administration decree uot apparently being opposed was made in that suit and the ordinary enquiries were directed. A receiver was ap pointed in the suit, and about the 11th Septem- ber, 1895, the enquiries and proceedings in chambers before the Registrar were initiated. On September 17th in that year an agreement was come to between the parties and put in writing and signed with a view to a settlement of all the disputes arising between the parties in that administration suit. That agreement was immediately--the very next day or the same day-repudiated by Li Chung Pui on the ground that he had entered into it under duress and without proper advice. On the 21st September of the same year a motion was filed in the Court before the late Chief Justice, Sir Fielding Clarke, to obtain the sandtion of the court to that agreement, and that motion came on for hearing on the 23rd 3. That if the existing Customs establish- September, at the same time with the motion ments and stations are withdrawn, the Hong- by Li Chung Pui for a receiver in the suit. kong Government should be required to make Objection being taken by the other side the such arrangements as will safeguard and com. court refused to entertain the motion sanction-pletely secure the Imperial Chinese Government ing the agreement on the ground that proper notice had not been given, and on the 11th October Sir Fielding Clarke made the order asked for for a receiver, limiting it to certain specific properties, In November, 1895, R. C. Wilcox was appointed as the receiver, and from that date till September, 1896, proceed- ings were going on in chambers under the de- cree in the administration suit, and certain en- quiries were being prosecuted, affidavits filed, and evidence taken. On the 18th July, 1896, the present suit was commenced. On Sep-waters. tember 2nd, 1896, the Registrar made his report in suit 64 of 1895, and on the 8th September, 1896, that report was approved and confirmed by his lordship the Chief Justice. At a very early stage after that date it was suggested that the suit which had been com meuced in July, 1896, might be utilised for tho purpose of deciding in that suit the issue which the Registrar in his report considered ought to be raised by formal pleadings and disposed of in some way before proceeding with any further enquiries. Mr. Francis proceeded to deal with the points already raised and with the issues before the court.
The hearing, which is likely to occupy several - days, was adjourned,
from all loss by opium smuggling into China from Hongkong either by bonded warehouses or otherwise as may be found most convenient. The CHAIRMAN seconded to allow of discus- sion on the question.
After a lougthy discussion,
Mr. JACKSON proposed, and the VICE-CHAIR. MAN Seconded, the following resolutions as an amendment :-
1. That the Customs office be no longer permitted to collect duties in the colony or its
2. That all opium arriving in the colony be accounted for, either through the agency of bonded warehouses or otherwise.
3. That the Government do all in their power to protect the Chinese Revenue, more especially with regard to the opium farmer.
4-That the Revenue Stations and Revenue Cruisers be removed beyond the limits of British territory and British waters.
The amendment was put to the meeting and cansed by a majority, seven voting for it (the Chairman not voting as he had seconded the resolution).
It was then unanimously decided to publish the correspondence that had already passed on the subject.
CHAMBER OF COMMERCE ON THE KOWLOON EXTENSION AND THE CHINESE CUSTOMS.
Mr. R. Chatterton Wilcox, Secretary of the Hongkong General Chamber of Commerce, sends us for publication the following corres- pondence on the questions of the retention of Chinese jurisdiction, &c., in Kowloon City and the position of the Chinese Imperial Maritime Customs vis-à-vis this colony :-
THE CHAMBER TO THE HONGKONG
GOVERNMENT. - Hongkong General Chamber of Commerce.
Hongkong, 14th July, 1898. Sir, My Committee have observed in The Times of the 10th ulto, a telegraphic summary of the terms of a convention signed at Peking on the 9th idem with the Chinese Government leasing to Great Britain certain territories around Hongkong.
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Among the conditions of the lease of this territory they notice one to the effect that the native city of Kowloon will remain under Chinese jurisdiction. This stipulation my Committee regard with so much apprehension and disquiet that they take this opportunity of begging the Government to supply them with the full text of the Convention.-I have the honour to be, sir, your most obedient servant, R. CHATTERTON WILCOX.
Secretary. To Hon. T. Sercombe Smith, Acting Colonial
Secretary.
THE CHAMBER TO THE HONGKONG GOVERNMENT.
Hougkong General Chamber of Commerce,
Hongkong, 18th July, 1898. Sir, I am directed by my Committee to state for the information of His Excellency the Officer Administering the Government that on Saturday afternoon the following message was despatched by telegram to the most noble lord the Secretary of State for Foreign Affairs -
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