September 2, 1907.1
materials must be submitted to theficial, * Receiver, then he will be prepared to examine
the witness.
Mr. Dixon-Does your Lordship feel disposed in the meantime to allow him out of prison ? H bas already given $3000 security in an original action.
His Lordship-I cannot possibly do that, and there is no use of springing that evidence on the other side.
Mr. Dixon-Will your Lordship fix bail? His Lordship-There is no bail in bankruptcy. He must stop in jail until next Thursday when he can prove his case to be discharged. The solicitors on the other side and the Official Receiver must have all the materials.
APPLICATION TO DISCAIM.
In the matter of the bankruptcy of F. Kiene, the Offcial Receiver made app ication to dis- olaim a lease. Messrs. Dacon, Looker and Deacon were the solicitors for the lessors, and endorsed consent to the application.
The application was granted.
ย
YARN FILURES.
|
CHINA OVERLAND TRADE REPORT.
$10,000, and in 1906 they lost all-about $21,000, and got into debt.
And you went on entering into yarn contracts knowing you were insolvent P-My partner did that.
But surely he consulted you ?—I was not here then. I went home when I failed.
You know you were insolvent ?-Had prices risen I could have p tid.
How many bales of yarn did you purchase the last year you were doing business P-That was all attended to by my partner.
Tung Yat pa, another partner in the Fuk On Cheong, said he contracted to purchase 6,0 0 or 7,000 bales of yarn during the last year of the business. Some of the bales-about 3,000 or 4,000-were purchased on the authority of customers and the remainder were purchased by the firm.
The examination adjudicated bankrupt,
was closed and debtor
CREDITORS CAUSE A FAILURE.
THE SWATOW RISING.
PROCEEDINGS IN HONGKONG,
A
131
The extradition proceedings at the Magistracy before Mr. F. A. Hazeland have assumed an important aspect. The Chinese Government applied for the extradition of In Kir Shing on a charge of armed robbery. Mr. Morrell, Crown Solicitor, is "ppearing in support of the application, while Sir Henry Berkeley, instructed by Mr. Otto Kong Sing, appeared for the defendant.
The examination of the defendaut on Monday was to the eff -ot that the Chinese Government wanted the defendant because he was concerned in the recent rising near Swatow and as is known the British Government, aco ›rding_to the Tientsin Treaty, is not bound to extradite any political effonder,
Sir Henry Berkeley on Aug. 27th asked that his objection might be noted to the fact that he asked specifically that the defendant be warned that he was not boun to answer any question which would tend to show that he was implicated in the or. anisation in Hongkong of
the rebellion in Swatow.
His Worship held that it was only necess ry to warn defendant that he was not bound to answer any question which might incriminate b mself.
Rc Leung Ngan-pan. The Official Receiver also conduc ed this public examination. Mr. G. E. Morrell of (essrs. Dennys and Bowley) represen ed the debtor, and Mr. H. W. Looker (of Messrs. Descon, Looker and Deacon! appeared for a number of creditors. De tor aid he was the sole proprietor of the Mai Ki hong, which dealt in rice, sugar and miscel- laneous gods. He had been in business thirty years, and was so e proprietor of the present shop for about fifteen years. He took over the Mr. Morrell-How long is it since this business with about $10,000 capital. His liabi-organisation was formed? Since the Gove n-
were 3120,000, and his assets about ment ceased to take an interest in the people. $50,000. He attributed his failure to the fact that When id you start the organisation P- monies due him at different poris had not been
About three or four months ago. sent him. The Fat Hing of Shanghai owed bim $51, 00 odd. He also lost a considerable amount n sugar. He estimated the amount be expected to get from the Fat Hing, which was closed, at $20, 00. Debtor bought house 28, Des Voeux Road Central four years ago for $30,000. here was a mortgage on it of $22,000. Mr. Looker-This business presents peculiar and inexplicable features and it may be this man has committed an offence against the Bankruptcy Ordinance.
f
How many did you have in the army or whatever you called it? Do you wish me to incriminate these men ?
Don't give the names-Over 4000 men. How much did you pay them per day ?- There were no wages given in a case like this. We all fight with one heart to gain one object. It only costs 100 cash per day for
The adjourned public examination of Fan Wa-shan, yarn merchant, was continued by the Official keceiver. Debtor said he had not an account at the Chartered Bank, neither had the Sun Hitg firm. Probably his brother had, and sometimes when debtor had a considerable sum of money on hand he gave it to his brother, who put it into his banking account. Then when he wanted money he got his brother to give him cheque. These translationslifies now were clearly stated in the firm's books. At the end of the year before last his cus- tomers said the crops were good and that there would be large quantities of yarn required, and they asked him to buy goods and keep them in the Sun Hing. When the first or second moon of last year arrived, the customers called on him and he told them he had the goods ready for them and asked them to book them They replied that they would have to wait till they had letters from the interior to see bow they could place the goods. In the course of two or three weeks time witness pressed them but they put him off till after the fourth moor, when yarn fell in price. Debtor had purchased for them some 20,000 bales, He trusted the customers to take the goods. There was a loss in the price of these bales of approximately $30,000 or $40,000. That money should have been the loss of the customers. He could have stood the loss on that date and had money over even if the customers bad not taken the goods. As to the matter of the purchase of 50,000 BEFORE ME. A. G. WISE (PUISNE JUDGE). granting a short postponement for you to see bales later, it was a foreign firm who told him to buy, telling him that the price of yarn would rise.
Mr. Looker-I don't know what precedent there is for the debtor making a gratuitous statement like this, as we may publicly want to examine him on it later. What beis doing it for I cannot conceive, except that he has possibly been dvised that it is better for him to try to remove any false impression from your Lordship's mind.
nis Lordship (to debtor)-Confine yourself to the matters connected with the examination.
Continuing, debtor said the foreign firms said they would trust him to buy from them. Mr. Bailey-All the debtor is saying is on the file.
His Lordship-In that case he had better stop, but it seems to me it is essentially unfair that he should not be allowed to make a state- ment unless there is a ruling against it.
Mr. Grist-We want the public examination closed.
Mr. Bailey-I see no possible advantage in adjourning it further.
The examination was adjourned for a week. Re the Fuk On Cheong firm, yarn dealers. This was another public examination conducted by the Official Receiver, Mr. C. F. Dixon (of Messrs. Hastings and Hastings) and Mr. E. J. Grist (of Messrs. Wilkinson and Grist) repre-
sented the creditors.
Wong Shi-chung said the Fuk On Cheong business was started in 1901, and in the first year made over $1,000. His partner attended to the yarn business while be looked after the money. In the second year they made another $1,' 00 profit, and more than $5, 00 in the third year. in the fourth year the profits fell to a few hundred dollars. In 1905 the firm lost over
Mr. Morrell objected.
His Lordship consi ered it would be very convenient to know what was coming, but as the case was not likely to conclude before his da. parture. he adjourned it for Mr. Justice Wise to take over.
IN SUMMARY JURISDICTION.
A DISPUTED DEPOSIT.
Chan Wing and Yau la sued Fang Fai-ting managing partner and the un Fak Tseun
firm to recover the sum of $1,100 which was
deposited with the defendant firm on June 23rd. The plaintiffs waive $10 to bring the action within summary jurisdiction.
Mr. tto Kong Sing appeared for the plaintiffs and Mr. R. Harding for the second defendant. Mr. Kong Sing said the plaintiffs were traders. and on the 13th day of the 6th moon ware introduced to a man called Fung Fai-ting in the Sun Fuk Tseung firm. At the time they were introduced to the first defendant they also had an interview with Chau Iu-ting and Lau Chuk-nam whom plaintiffs alleged were partners in the defendant firm They made an engage. ment with the firm for entering into a com- pradoreship on a steamer and the first defendant asked the plaintiffs to deposit $1,500 in order to obtain the appointment of compradore on a In-ting supported Fung Fai-ting's statement, steamer running to Fooohow. The man Chan saying that he would be manager of the shipping business and the Sun Fuk Tseung firm would be the agents. The money was on the following day to Chan paid over Ia-ting who took a chop from a drawer and had drawn up. attached it to an agreement Fang Fai-ting The agreement was signed and Lau chik nam witnessed it.
After hearing the evidence, his Lordship nonsuited the case with costs.
B.M.8. Flora grounded near Damb Bell Island, and received injury to her bottom which
necessitated bør transf r to Kowloon Docks.
Several plates, we understand, were removed.
food.
Where did you get the money ?-From the members of the Reform Party,
What part did you take in the organisation? Were you engaging men or paying them P- I reported about the rice to the Reformed Party and on their adv ce got up this rebellion. I was in charge of the banners and the arms and ammunition. The leader was in charge of all he money matters.
His Worship-If there is any danger of this man being prosecuted I have no objection to
your cli-nt and advise him,
Mr. Morrell I have no objection.
His Worship (to Sir Henry)-You can take him outside and I will lend you the interpreter.
Sir Henry-Thank you.
After consultation, the parties returned to court,
Mr. Morrell renewed his examination. In your exam nation you said the rebellion was due to the rice being dear and scarce in that part? Yes, I did say so but that was not the only thing. It was on account of the excessive taxation,
to make the rice any cheape ?-Yes.
You said the mand'rin would take no steps
Wasn't this rebellion simply against the mandarins of the Chiu-chow district P- This rebellion was against the mandarins of Chiu-chow, but we are against the whole Chinese Government.
Do you remember saying in examination that the mandarins knew well the laws and duties placed upon them?-Yes.
Suppose the laws were carried out- Sir Henry Berkeley-What is the use of putting suppositious questions.
His Worship allowed the question. Suppose the mandarins had carried out the duties imposed upon them, I suppose there would have been no rebellion ?-We belong to the Reform Party. The Reform Party would attack any part of Caina or any mandarin who does not do his duty or who treats the people harshly.
If the mandarins had done their duty, they would not bave benu attacked ?---- Most decidedly f they were honest in their dealings we not. would have been honest with them.
Continuing, witness said there was no just law in China yet. The custom had always been