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Mr. Steavenson-I appear for twenty-two creditors, and received a letter about 11 o'clock this morning that this application was being made.
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His Lordship-For several years the debtor appears to bave been receiving property and not paying for same.
Mr. Beavis-But the intent to defraud has to be proved.
His Lordship Had the debtor been an ordinary trader such might have been the case. but he was purely a commission agent, and the money was not his at all.
Mr. Beavis-I don't know that he acted sulely as a commission agent?
His Lordship Yes, I think so. I cannot release him on his present statement.
Mr Beavis I do not ask for his release unconditionally. He will have to give security in the ordinary way.
His Lordship-I suppose the Official Receiver prosecutes.
Mr. Wakeman-The matter has been referred to the Crown Solicitor, and will come on at the examination next Thursday.
Mr. Beavis-I apply for the debtor's release on bail in such conditions that the court may be satisfied that the man will appear at the next
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His Lordship-The matter can stand over till next Thursday, when I will consider it.
Monday, 14th August.
IN ORIGINAL JURISDICTION.
THE HONGKONG WEEKLY PRESS AND
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BEFORE SIR F. T. PIGGOTT (HIEF JUSTICE). į
THE FUK UN INSURANCE AND GODOWN CO. I
U. THE TACK HING FIRM AND AN THER.
The plaintiff company claimed from the defendants an amount of $39,000 due on a promissory note made on the 29th day of September last by the Kwong Yik Wo firm, of which Li Kin Shek is master.
Mr. H. G. Calthrop, instructed by Mr. H. C. Bailey (of Messrs. Johnson, Stokes and Master) appeared for the plaintiffs and informed His Lordship that he understood M Pollock appeared no longer for the defendants. Counsel continued-1 he plaintiff in this case is suing on 8 promissory note which was made on the 29th September last by the Kwong Yik Wo firm, of which Li Kin Shek is master. It Was made for the sum of $30,000 and guaranteed by the defendants at the Tack Hing firm, of which Ho Tung Shan is the master. At the same time a security of 20,000 bags of flour was given to the plaintiffs.
Yee Sau Sam. Secretary to the Fuk On Insurance Company, stated--On the 29th September last I advanced $30,000 to the Kwong Yik Wo. taking a promissory note as security. The defendant signed as guarantor. attaching the name of his firm. The note became due on the 26th December last and I informed the defendants. by letter. After the due date I saw Ho Tung Shan and he asked
for an extension of time. I him again to day,
when he asked for a reduction of my claim. The Kwong Yik Wo gave us as security about 20,000 bags of flour after the amount became due. This was sold and realised 824,6729 thus reducing our claim to $5,681.71. No interest has been paid since September, but should have been, at the rate of $120 per $10,000.
His Lordship gave judgment for the plaintiffs together with interest and costs.
YUEN HANG KIN AND Ì. P. MA DAR
. LI SHEK PANG.
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The plaintiffs claimed (a)-au injunction to restrain the defendant, his servants, workmen and other agents, from trespassing on the plaintiff's property at No. 86 Swatow Lane.¦ and from digging up, or continuing to dig up the ground of the said premises, or other- wise endeavouring to connect drainage of the defendants premises. Nos. 1 to 17 Amoy Lane, with that of plaintiff's premises Nos. 2 to 18 Swatow Lane; (b) the sum of $1,000 as damages for such trespass and digging as aforesaid.
Mr. H. E. "Pollock, K.C., instructed by Mr. H. W. Looker (of Messrs. Deacon. Looker and Deacon) represented the plaintiffs, and Mr. H. G. Calthrop, instructed by Mr. E
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A. Bonner (of Messrs. Dennys and Bowley) appeared for the defendant.
Mr. Pollock-As Your Lordship is aware. wo are claiming an injunction, or in the alter, native, damages. There is not likely to be a repetition of what is complain d of, as I under- ' stand the work is practically finishel,
Mr. Calthrop-The plaintiffs have got an injunction to prevent us finishing it. Some › years ago when arrested, these houses were built with this drain draining both premises which; now belong to the plaintiffs and defendant. As late as 1902 both these premises belougel to the plaintiff. When these proce dings were com menced we set up as a defence that the drain was au old one which we had been using for years, When it did not satisfy the requirements of the Sauitary Board, both plaintiff and defendant | had to put it in order. The plaintiffs say we trespass by going on their land, but they do not | say under what circumstances we went on their land. We were compelled by the Sanitary Board to repair the drain, and that is what the plaintiffs are complaining about. The affidavit we put forward shows conclusively that we have used this drain all the time we have been in possession of the premises. I would ask Your Lordship to try the case ou affidavits.
Mr. Pollock-My friend's suggestion is a very reasonable one, and it would be a great saving of expense to all parties if Your Lord- ship would try the case on affidavits.
His Lordship agreed to try the case on the affidavits, and after bearing the arguments of counsel, reserved his judgment.
Thursday, 17th August.
IN BANKRUPTCY.
BEFORE SIR F. T PIGGOTT (CHIEF JUSTICE).
TAN JOO CHIN EXPARTE THE DERTOR.
This was an application for the debtor's release from prison.
Mr. Ferrers-I app ar for the debtor in this application, and as Your Lordship is aware, a good deal depends, as previously mentioned, as to what is going on in Singapore We have just received telegraphie communication. in view of which I would ask Your Lordship to allow this matter to stand over for a week.
Mr. Gedge-I would suggest a fortnight, My Lord. by which time the matter will probably be settled.
Mr. Ferrers-My friend does not attach the same weight to the fact that my client has been in gaol for some considerable time.
His Lordship--I don't consider that.
Mr. edge-If the matter is adjourned for a fortnight I think it will he set led. This man thinks that by coming before Your Lordship he will get out of gaol. I have a telegram here which states that his brother in Singapore wants to settle for $65,000, but the debtor tele- graphed back do not settle." The brother replied.--“ Do not releas; the debtor until he sattles."
Mr. Ferr-rs-My information is that his creditors will not árcept Suon in full settle. ment.
His Lordship-I think the matter might le mentioned next week. By reason of what I said the other day I want to draw attention to Article of the Bankruptcy Ordinance and to the case in the Privy Council of Calendar, Sykes and Co.
LAI HING EXPARTE MA LUNG KO
The Official Receiver-I would ask Your Lordship to close this public examination adjourned from a fortnight ago. Your Lord- ship then suggestel that it should be closed.
His Lordship -You cannot get any more information?
Mr. Wakeman-No.
His Lordship-The examination is clos d.
some
YIK WING EXPARTE MA FAI NAM.
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[Angast 21, Mr. Beavis I appear on an application for the debtor's discharge. Your Lordship was going to look into the matter to see exactly what jurisdiction the court had to allow him to be discharged on bail.
His Lordship -I find it is permissible. Mr. Looker-It Your Lordship would take this matter after the examination it would be more convenient.
His Lordslup-Yes. I think that will be belter.
Yik Wing was then examined by Mr Looker. I think you advanced two sums of $8,500 and $10,001 to a man named Cheong Chung Lan,
didn't you?-Yes.
When?-The first was made on the 12th November of last year, and the second on the 27th January, 1965,
What was the consideration you received for making these loans?-Two promissory notes:
Have you got them-They are in Court. Where is Cheong Chung Lan?—He has absconded.
Why did he want the money?-He borrowed it on account of a rice business.
Do you mean to tell me he wanted it on account of rice?-No. He told me he was going to buy a shop.
He borrowed the money to buy a house, didn't ho-Three houses.
Did he buy them? He paid a deposit of 88,550, but he was unable to get enough money to put through the transaction.
You told the Official Rceiver that by reason of that transaction you became bankrupt?-That
is so.
When did you know you were bankrupt?— Ou or about the 6th or 7th June.
I think in the early part of May you wont to your solicitors with reference to filing a bankruptcy petition?—I did not.
Did you go to your solicitors in May at all-Yes, I consulted them about actions brought against me, a I was getting into difficulties.
After you had advanced this man 88,500 had you any money left-Yes, I still had some in the bank.
Kat Bank-Yes. and the
The Fung Chung Ying as well.
You had shares in these two institutions? Yes.
Did you apply to them to pay out your shares in order that you might have ready mony-I borrowed from the Fung Kat Bink.
How much I used to borrow from them every now and again, but I do not remember the exact amount.
You had $10,000 in the Fung Kat ?-$15,000, And you owe them $20,000 2-Nearly. How long have you owed them that -I don't remember exatly.
They brought an action against you in May to recover it ?—Yes.
When you commenced business. you carried on in tobacco refuse?—Yes.
And when did you begin to buy other miscel laneous goods-At the same time as I started the tobacco business.
Do you mean to say that all along you have been buying rice, vegetables, etc. -I started a lard business as well.
After the Fung Kat sued you, you bought a lot of goods on credit, didu't you?-Yes, and I also guaranteed goods bought by somebody else.
And at that time you had no money to pay for them —No. But I relied on Cheong Chung Lan.
When did he run away?-On or about 5th or 6th June last.
Yes, I made
You knew of his running away? inquiry from some friends.
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Did you not order some goods on the 8th June-No.
Didn't you order 8392 worth of fruit from the Kwong Hing Tai- I don't remember.
On the 6th June you bought some goods from the Kwong Hing Tai. There is your receipt.- The goods were bought by the Fung Sing Loong. of Macao, and I guaranteed the pay- went.
Mr Looker-Iu this case I appear for
of the creditors, and would
like to continue my examination of the debtor with your Lordship's permission. Your I Lordship will remember when the examin You went to the shop and purchased them?
ation was previously adjourned that an order was made for the debtor's arrest. I have since been able to examine further into his books and accounts, and would like to continue the exami- nation.
No.
Who did A foki of the Fùng Sing Loong. Had you any money to guarantee the pay- rent No. My foki chopped the guarantee.
His Lordship--With your authority ?