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THE HONGKONG WEEKLY PRESS AND
result was that the Club was no longer regarded | 37, that was, 26 in favour, against 59 in opposi. Į favourably by the Portuguese community. tion. One of the 37 clients represented by Mr. He leftin 1902, but for the three following years Pollook was Mr. Pereira, secretary and a director there was no diminution of members. if they of the Club, who had filed an affidavit opposing had now tumbled down, the cause was not to be the motion, in which he said that of the 28 ascribed to the retirement of Mr. Romano.- shareholders supporting the motion, 10 were Does Mr. Slade think that the members of the not members of the Club, and of Mr Pollock's Portuguese Club to-day are a lower class than clients 33 were members of the Club. * In addi- formerly?
tion 41 shareholders were not taking an active part in the litigation.
Mr. Blade-If my friend asks me to say so, I say certainly.
Sir Henry Perkeley-That's a gratuitous insult to the Portuguese community.
Continning, he said there was no reason for stating that the gentlemen who were now members were lower in social status than those who were members when
Mr.
met
Romano belonged to the Club. The question of lack of revenus could be by the directors applying for a licence and getting a productive source of revenue. The Club had gone on for 40 years after opening with eclat, and it would have been mach more patriotic of Mr. Leiria if, instead of endeavouring to close the Club, be would help by paying a small sum towards the licence. Counsel suggested that his Lordship should | dismiss the petition. The opposing parties could go back, shake hands and make friends.
His Lordship-They have shown no desire
Mr. Blade-I am instructed that the directors who are not moving in the matter think there should be a dissolution, but they leave the matter entirely in the hands of the Court. They say it is the only solution.
au-
[January 7, 1907..
which have become acute, as I know ; that there are spécial debts and unfortunately on the top of this the discovery has been made that the sale of liquors is not in accordance with law and that a heavy amount will have to be paid for a license and that there is considerable doubt about the bar management. I think if all these things continued it would inevitably bring the Club to an end and I think there are legitimate grounds for this petition. I do not allude to Mr. Romano's expulsion from the Club but I think perhaps it was brought up to show there had been quarrels in the past as well as now. There has been a serious cleavage among the members and I have not seen any signs of a reconciliation. It is Mr. Pollock argued that the Club or any perfectly true with regard to some of these company, whether trading or otherwise-bad things that they might be got rid of; Mr. power to borrow to pay its debts in order to save Pollock's suggestion with regard to the payment its property being taken under execution. There of the debts is sound, for in spite of the absence was a sum of about 84,000 due by the Club, and of voluntary permission to borrow I think an execution had been issued with respect to the it might be indulged in, though I am
Gosts,
several Counsel quoted legal
not expressing an opinion on this point. contentions, and Mr. Pollock's suggestion with regard to the thorities to support his after considerable argument he dealt with bar question is an exceedingly ingenious one sud the question of insolvency, submitting obviously it could be done and the bar re-opened.
no company WBS insolvent
time for reflection the Probably with some could not make both ends mest, members might be induced to settle their dis- while there were legal steps which could putes elsewhere. I think the petition is well- be taken to overcome the difficulty. In the pre-grounded, but I also think it would be wiser for it to stand over for say four months, during sent case they only had vague stater ente as to the financial position of the Club. The petition- which some of the difficulties, if not all, may be ers had not quoted figures to support them, disposed of. If, in the course of two months, Mr. Slade-You have the secretary on your an arrangement has been made for the re-open- ing of the bar on legal lines I need not trouble Lordship-I shouldn't dismiss the side; he could have gone into it.
His From the petition. I can only suspend it.
Lordship---Whether I dismiss the to make an examination into the books, but if not it will be necessary to make a very careful proceedings one can see there are two factions petition or not, I will have that investigated. in the Club, and that it is going to pieces. The Mr. Pollock pointed out that the Articles of examination of the accounts and see if the bar proper thing to do would be to reconstitute it. Association gave the directors power to enter management is on a sound basis and to see if the
The hearing was adjourned.
into litigation and the object of the article was Club were allowed to continue whether the bar to indemnify the directors against costs. wou'd pay. I hope for the sake of the Portu- Dealing with the license question, he said he guese community that the disputes will ba was not aware as to the capacity of his clients - quickly settled. whether they were soda-water drinkers or whisky drinkers, he would not go into that side of the case at all. There could be a special fund created for the carrying on of the bar, which would obviate the procuring of a license, as whatever profits were made weat into the general fund of the Club.
to do that.
Sir Henry Berkeley-No, my Lord; but give them a chance.
His
Saturday, January 5th.
ÎN ORIGINAL JURISDICTION.
BEFORE SIE FRANCIS PIGgott (Chief JUSTICE).
THE CLUB LUSITANO.
The hearing of the motion to wind up the Club Lusitano was continued.
that if
it
eren
His Lordship-That is why I suggested a postponement; in order that things might be & ranged.
On the question of equity and ja tice Mr. Pollock argued that it was for the petitioners to prore equity and justice and they had not
so.
Mr. M. W. Slade, instructed by Mr. C. D. Wilkinson (of Messrs. Wilkinson and Grist), appeared for the petitioners; Hon Mr. II. E. Pollock, K. C., instructed by Mr. P. W. Gold-done ring (of Messrs.Goldring and Barlow) represent- ed a body of shareholders, while another body of shareholders was represented by Sir Henry Berkeley, instructed by Mr. J. Scott Harsion (of Messrs. Ewen and Harston) Mr. H. G. C. Bailey (of Messrs. Johnson, Stokes and Master) watched the case on behalf of the directors of the Club.
Mr. Pollock was next to address the Court, but before he proceeded
His Lordship said-I think it might be convenient to give you a start ng point for your argument, Mr. Pollock, to indicate how far I am prepared to go. I do not think anything would induce me to dismiss the petition but I should be prepared to adjourn the hearing for four months during which time the books would be submitted to the Registrar to report fully on the financial points raised, and that would allow any steps to be taken such as Sir Henry Berkeley yesterday suggested with regard to amending the Articles of Association. I am prepared to do that- subject to what Mr. Slade may have to say-if you care to accept.
Mr. Pollock wished to address his Lordship and first referred to Mr. Leiria's affidavit which stated that the Naval and Military members of the Portuguese community were boycotted by the Club since Mr. Romano's expulsion. He pointed out that when the Portuguese cruisers Adamastor and Vasco da Guma were in Hongkong in 1904 and 1905 the officers-senior and junior-were enter- tained by the Club, and when the Diu was in port her captain used to spend his evenings there playing bridge. Counsel submitted that the Court had to consider the question of actual majority of shareholders.
His Lordship-The difficulty here is that the Company was formed for the purpose of giving social enjoyment to the members of the Portuguese community; that s cial enjoyment had ceased and the object of the Company had been defeated.
Mr Pollock-No, Mr Pereira's affidavit shows otherwise. He states that during the past three | years no dispute between shareholders and directors haa-occurred excepting the one leading to the recent litigation.
His Lordship-Since then the breach has not healed.
Mr. Pollock-There is correspondence on the file 88 to that. Proceeding, he said the petitiouers had made out no case for the winding up of the Club. There must be difference of opinions in a Club containing 18 members, and why should 10 members have the right to close the Club? There was no reason to suppose that the Club was in a bad position or that it could not recuperate. It would be unreasonable to allow a minority to force their views on the majority. Since the typhoon of September 18th a concert had been held in the Club in aid of the typhoon sufferers and $600 realised. showed social activity, since the recent troubles commenced.
That
Mr. Slade I might remark, as showing that Mr. Romano is not actuated by strong feelings against the Club, that he contributed to that concert.
Mr. Pollock hat shows that a bridge may yet be constructed. It is all the more reason for not winding the Club up.
The further hearing was adjourned for four months.
KOWLOON DOCK BALL.
The annual ball, given by the staff of the Hongkong and Whampoa Dock Company took place on Dec. 31st and the consensus of opinion was that no more pleasant dance had taken place in the Colony this season. Falling as it did on Hogmanay, the event naturally lent itself to the rejoicings of the time, and all who were present doubtless were glad to embrace the opportunity of speeding the parting year and welcoming the coming year in such a happy fashion. Certainly a more enjoyable evening could not have been desired. The staff of the Dock are past masters in the art of conducting successful dances, and last night's gathering passed off with all the success associated with a Dook ball. The drawing room was again transformed into a pretty ball room, the sides draped with flags and the roof festooned with greenery. hields bearing the crests of Spottish olans, and with signal flags inserted behind, were placed between the windows, while curtains hung from the windows. There was a fine missing of colour and the effect in the brilliant light was pleasing in- deed. At the end of the hall the Dock flag emblazoned with electric bulbs, occupied à conspicuous place. As before, there was nothing lacking that was necessary to the convenience and pleasure of the guests. A service of launches carried those from Hongkong to the Djok, where Messrs. T Oates and J. Measies under- took the duties of the reception oɔmmitisa, While the care of the ladies' room rested with Mr. D. Keith, Messrs. 8. Smith and W. Taylor looked after the bar, and the supper arrangements were made by Messrs. R. Lapsley, Smith and Taylor. The general committee consisted of Mesars. W. Stewart, R. H. Baxter, R. Lapsley, Thos. Ostas, David Keith, 8. Menzies, Wm. Taylḍr and Smith, John James Pearson. The general conduct of arrangements reflected credit on the organising ability of Mr. R. H. Baxter, the secretary.
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Dancing commenced about nine o'clock to the His Lordship asid-This petition by ahare- music supplied by the Band of the 3rd Middle- holders is to wind up the Company on the 89x Regiment under Bandmaster Calthorpe. A
Company The number of following grounds: - Phe
was programme embracing 22 items was carried shareholders who supported the winding formed for the purpose of continuing the through with great zst, and to the manifest up was 28; Sir Henry Berkeley's clients, who Club for the benefit of the Portuguese Com. enjoyment of all the participants. Messrs. opposed the motion, numbered 22; and bis own munity and social enjoyment. The allegations R. H. Baxter and W. Stewart had a fiae con- clients who also opposed the motion, numbered are that there are disputes among the members ception of the duties of M.C.'s and under their
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