Page
THE HONGKONG DAILY PRESS, THURSDAY, AUGUST 16TH, 1933.
GROWTH OF TUBERCULOSIS. It was a necessity, both for diagnosis and
SPEECHES AT ANNUAL MEETING OF ALICE MEMORIAL HOSPITAL
NEED FOR A SANITARIUM.
The argent weed for a Sanitariom in which to deal with eases of tuberculosis was strongly pressed at the annual meet ing of subscribers to the Alice Memoris and Affiliated Hospitals, which was held at the Chamber of Commerce"insard room yesterday noon.
* *་
The Hou, Mr. P. H. Halyónk presided,
Greenwood (han. treasurer).
THE CHAIRMAN'S SPEECH, The CHAIRMAN' expressed his apprecia tion at being able once more to take the hair at one of their meetings. He had heen associated with the hospitals for good many years, and he knew something
a
the relief of distress. He would appeal to some of their more wealthy Chines friends in particular. fu these days, when the Colony was flowing with money,
SUPREME COURT.
CLAIM FÖR $73.925.
CÁNCERNING “A, COUNTER-CLAIM,
In the Supreme Court yesterday morn-
His Lordship stated that the new claimi should have been "made" long ago. The statement of defence was filed as far back ns Felury, and a reply was received the same month. His Lordship proceeded to
he thought they might see it 'to supplying, before the Chief Justice (Sir William review the arguments, and told Mr. Jea-
the apparates to the hospital',
THE PROPOSED SANITARIUM.
The Hon. Mr. H. E POLLOCK, K. C., proposing the adoption of the report and events, said the Institution was doing A most valuable work in the Colony, and
he thought the staff who carried it on
were deserving of great praise for the
Rees Davies), a case was opened in which the Yik On Bank, of 77, Bonban Strand West, clafined from Yuen Hang Kiu the sinn of $73,025.21. alleged to be the hal- ance of nearly half a million dollars (principal and interest) lent hy the Bank
to the defendant.
kin that his counter-claim could not be
allowed, and he would have to depend on
his pleading alone,
Mr. Alabaster then opened his case for the plaintiffs. He stated that the Bank had loaned the defendant a total amount of as18,000. A security, he had placed with them the following shares: 300 Shanghai Docks; 200 Shanghai. Dobkë; |
another 2,000 Ewo Cottons; and another
had redeemed 200 Whampoa Decks. They had given him credit for a deposit cover- ing.$8.000, made in March of 1922, and interest on that deposit. They also gave him credit for 132,400 when he redeemed the 200 Whampoa Docks, and credit for interest on that amount. They further gave him credit for certain advances received on the shares before sale, and afterwards gave him credit for the amount received on the sale. The total credit, therefore, was 8412,079.14 When the
securities had been sold the balance due was $73,925,2-for which they claimed.
Mr. C. G. Almaster (instructed by And there were niso present the llon. Mr. way in which they had worked. With Messrs. Johnson, Stokes and Master) ap-zoo Whampoa Docks: 9,000 Ewo Cottons: | E. R. Halifax, Hon. Mr. Chau Siu Ki, regard to the financial aspect of the re-peared for the plaintiffs, and Mr. F: C. Hon. Mr. H. E. Pollock, Dr. T. W. Lport, he noted with regret that their Jenkin. (instructed by Mr. G. K. Hall 700. Shanghai Docks. Out of these, he Pearco, Messrs. W. B. Walker. A. E income in the way of donations bad Brutton) represented the defendant.
At the outset of the case Mr. Jenkin Wright, Perry Cox, Cheng Chuk -Ling, decreased by $2,300 since the previous
He felt sure that when it was intimated to his Lords.ip that he wisher, Mok Kon Shang, S. W. Tso, J. M. Wong, year. the Roy. H. R. Wells (hon, secretary) and realised by the public what an important to make a formal application regarding work the hospital was doing nuore 80 counter-claim. He explained that on Mr.
'port, would be obtained. He hoped next the 16th February this year a counter- year that instead of having to record a claim was, inadvertently filed without the decrease, they would be able to record requisite permission of the Court having an increase in the report they would find been obtained. In this counter-claim the reference to a proposal for erecting defence alleged that the Bank had sold country sanitarium, within convenient dis- certain shares, property defendant had tance of trains or motor bus, where early left with them as security on his debt. of the magnificent work which had been carried on, ungrudgingly and unselfishly, cases of tuhérentesis could be treated, and at a price below their current value. In The consequence they counter-clnired for the by the whole staff. The annual report advanced patients found a home. would merit the most careful examination need, was urgent, and he hoped some difference between the price sold at ind
After the tiffin interval Fung Yi Chi,! hoth by those interested in the hospital charitably-disposed gentleman in the com- the current market value. When it was
the manager of the plaintiff bank, went As the discovered that the omission had been into the witness-box. He said he saw the and its work, and by the public generally. munity would come to the resend. Speaking us one who could now, perhaps, report pointed out, the Chinese,, were made they wrote to Mr. Alabaster and defendant at the beginning of the Chinese and more of asked his consent for it to be overlooked. New Year and asked him about the pay be described as an old resident, he knew availing themselves mora of instituting in this Colony perfom Western methods of treatment Taber This was the course usually taken, and itment of his debts. Ho had seen him very ing more valuabic services for the com- enlosis was a very serians disease, and a!! was seldom that the other side raised any many times since in a room inside Mr. munity at large. As he had said a few members of the community "should do all objection. In this case, however, the Rumjabn's office. He asked him to pay years ago, and he repeated it now within their power to support funds for plaintiffs filed a reply to the effect that deposits on the shares which at that time The defend- increased vehemence, were it not for the sanitariam as suggested.
hy reason of the omission the counter-were very much under value. services of this hospital, the Government | Mr. A. E. WRIGHT seconded the motion, claim was a muility, and they could notant promised day after day but he never would have to provide very much in and endorsed all that Mr. POLLOCK hai give their consent. He had neepted this aid any deposit. At the end of the second moon of the Chinese yeat witness told reply, and in accordance with Section 103 him if he failed to pay up, the shares creased accommodation for Chinese pati said.
of the Code, he made, formal application stamling in his name would be sold and ents in order to deat, month by month
witness also pointed out to defendant for a counter-claim to be allowed now. and year by year, with the eases handled,"
that if he failed to pay he (witness) would His Lordship remarked that the cou suffer much heavier loss. During the last and well handled, in the Alice Memorial
week in March and the first week in April defendant told him to sell the shares. Witness told him that the amount Mr. Jenkin replied that the new coun-realised in selling the shares on a falling This was largely due to a failing of inter-claim was simply an alteration of the market would be insufficient to cover the of thousands of dollars. The defendant re original. The defendant now counter-money due to the Bank by several tens plied: If there are several teas of you." Witness added: "As a rule when there are such a lot of shares on the market you cannot dispose of them all at the same time."
1.
The motion was enrgied unanimously,
THE FINANCIAL POSITION.
Mr. H. GREEN won, presenting thei financial statement, expressed regret at having to report that there had been an expenditure of $8,651 over the receipts.
ter-claim seemed to have been materially
amended since it was first-filed.
and Affiliated Hospitals. He has repeat edly come in contact with ex-Chinese patients in the hospitals, and he did not hesitate to say that tooy much preferred them to the Cloverument Civil Hospital. Not only did patients receive expert donations, and their having to pay rent
fur premises after the sale of the Alice claimed that the plaintiffs, having accept
needs they must have more donations.
Mr. Cox proposed, and Mr. Woso seconded, a vote of thanks to the hon. treasurer and auditors. This was carried.
surgical treatment, but they received | Menorint Hospital. To meet current ed his shares as security for his debt, thousande, of dollars short I will pay general treatment to compare with my thing in the Colony,--and all this at a small rost. Their clientèle was very largely amongst the very poor classes, who could not afford to contribute a great deal towards their keep. The hospitals were, then performing services to the community which should neither be over- looked nor forgotten. They deserved more generois support than they had hitherto received.
VOTE OF THANKS.
Mr. GREENWOOD proposed, and Mr. WELLS Secopied, that a vote of thanks he passed to the Chamber of Commerce
for the use of their root..
This was carried.
THE NEW CONSTITUTION.
An extraordinary meeting was then held to bring the management of the hospitals in agreement with the new constitution.
The Secretary stated that the new con
became his mortgagees. In exercising their right of sale they had failed to give defendant sufficient notice, or long enough
Mr. Alabaster, Did you give your notice to do that which the law allowed
solicitors instructions demanding pay- him. Therefore, defendant, as mortment of the 8441,405 duc?
Witness: Before wrote to gagor, was entitled to relief 'by way of dainges,-uml very substantial damages solicitors I saw the defendant again and asked him what was to be done and as at that.
# result of this I just handed over the matter to Messrs. Benjamin and Fetts and wrote to my solicitors on April 18th
4
His Lordship. It is alleged, then, that they dabbled with certain snares of yours, without your authority, and that they sold at a price below their actual value, and now you claim damages?
Mr. Alabaster: They say we suid in the ordinary course of business, and we sold helow market value.
THE MODESTY OF THE STAFF -- It was his opinion that the work of the hospitals was suffering from the modesty of the staff. They had not advertised in
Mr. Jenkin said he did not protest that the past as they should have done. The
now. He was now counter-claiming for damages on the ground that the mort- splendid, work they were doing was not
Kagee had improperly sold security and widely enough known. It was fairly well
the mortgagor was now entitled to dam agen. The law allowed them damages known amongst the Chinese, but not so
nounting to the difference between the well among the European population, don Missionary Society, and last week price at which the shares were sold, and However, the committee had recently en- he had received a letter from Mr. S. W. the highest price they touched between gaged a manager in England, and when Tso embodying certain suggestions. These the date of sale and the day on which he arrived part of his duties would con-
His Lordship: Then you are amending were largely provided for on the day'sment in the action was given. sist of a publicity campaign. He hoped agenda. The now system would bring the your original pleading?
Mr. Jenkin: We are merely altering the
in voluntary subscriptions.
"
stitution had heen approved by the Lan
If I can
I
my
Continuing, witness said he received a reply from Mr.. Brutton on April 23rd who stated that it was usual to give ong month's notice. Witness said it was not sut to give notice. At that time the market rate of these shares was falling He had never heard of the custom of giving notice amongst the Chinese Banks. As the market value was falling" ho "speaking of a month's "noticn added, would have been absurd when he or five days would have made all the differ
Witness replied to Mr. Brutton's letter. hut as no reply was received he visited instructions to sell the shares. The bank lesers. Benjamin and Potts and gave then loaned the sum of $240,000 to a man named Taim Chak and the shates were bought back and deposited in the Bank as that next year there would be an increase hospitals more completely under control original counter-claim. It arises in con security against the loan. The shares! of the local committee, and would give sequence of no new plea, and there is no had since been redeemed and sold to an- other firm but they were still held by the With regard to their finances, he increased powers to the general and new fact in the pleading
bank ng the new purchasers obtained an establish that these shares were wrongly advance on them. The name of the Yue thought that if there were any captious executive committees.
sold, there is no doubt but what I can Kec arm were entered in the bank books critics in the Colony, they would he On the proposition of the Hon. Mr. take an action for damages as sOOD 18 as the present owners silenced on examining the accounts. POLLOCK, seconded by Mfr. Tso, the Hon. this action is closed.
Cross-examined by Mr. Jenkin witness Mr. Alabaster contended that there was admitted that 90 per crat. was a rather During the "year economies had been Mr. P. II. Holyoak was re-cleated Chair
no cause of action in the new counter-big sum to advance on shares but it was effected on clothing, heating, repairs, and man. medicines. This proved that the hos The CHAIRMAS proposed, and Mr.
"Mr. Jenkin then informed the Court done in nearly every case, though not in pitals were being well, alministered, but WIGHT seconded, that the Hon. Mr. F. that he was unable to stand by his ori- everyone. The money advanced to the these economies should not be made neccsenry. !
The CHAIRMAN, touched on the death of
ii
R. Hallifax be appointed Vice-Chairman.
This was carricil,
The Executive Committee was elected 'Dr. Wood, and on the generous donations as follows:-Dr. Gibson (medical superio
of the late doctor's father and mother ou tendent), Miss Rayuer (matron), the Rev. their visit to the Colony. The short book. H. R. Wells (hon. sec.), Mr. 11. Green- -on the life of Dr. Wood which had beenwood (hon, treas.), the Hon. Mr. P. H. issued recently was worthy the study of Holyoak, Hon. Mr. E. R. Halifax, Hon. .all
Mr. J. E. Pollock, Mr. W. B. Walker, AN URGENT NEED.
Mr. S. W. Tso, Hon. Mr. Chau Siu Ki and Mr. J. M. Wong
He then went on to speak of the tre- uendous increase in the number of
The following were appointed as extra tuberculosis cases their hospitals had members on the general committee: dealt with in the past few years. ́· Dri
Mesra. A. S. W. Cousland, Percy Cox, Gibson, in his report, had pointed out. Crawford, H. B. In Dewbiggin that it was necessary to admit these cases W. Hill, E. Humphreye, Hon. A. O. Lang, from a humanitarian desire to alleviate -suffering. He went on to say that if they. E. Wright, IL. Lamb, and J. R. Wood." The meeting concluded with a vote of
were to achieve results along Western thanks to the Chauman. tines a modern sanitarium was an urgent 'need. Dr. Gibson (the Chairman con- tinued) bad rendered them tremendously valuable services since Dr. Mitchell had gone Hone, and he hoped they would not Jose his services.
Finally, he wished to appeal to the Public to provide the hospital with an "Ray apparatus. The need was an urgent one, but the financial position did not justify the committes in exponding something like $6,000 for the apparatus
SPORT..
WATER POLO.
claim at all.
3.
defendant was between 80 and 50° per cent. on the total value of the shares.
Mr. Jenkin: And the only security for the advance is the shares themselves 1 Yes.
And it follows that you loan against shares which you think are a very sound investmens I have my own way of doing business,
ginal counter-claim, because it had since been discovered that the facts did not support certain of the paragraphs in it."
Mr. Alabaster. remarked that the ori ginal defence put forward was not an honest one. It was made to save time, and the stated facts were unsupportable, "It is purely a dilatory defence, and this counter-claim now is dilatory." But, he continued, the defence should not he allowed to abandon their original counter laim at the last moment. In the original
The witness: I don't mean to say it the defence admitted the entire elan is a very sound investment, but if I found In paragraph 9 of the document defen- I could do business I would do it. Most dant gave credit to the plaintiffs in the of the business amongst Chinese is based Our firm has sum of $73,025.02. Mr. Jenkin now wish on trust and honesty. ed to strike all this out. Mr. Alabaster advanced millions without security: the went on to point out that we new plead-only security being our clients' word of ing was only served on him' the previous trust and honour.
day.
*
Well, then, I want you to let me into the confidence of your business (Mr. Jeakin repented the question.)
Mr. Jenkia: Never mind about that,
His Lordship: Supposing I do allow the 1 take it that the percentage you offer new counter-claim?
on the shares depends entirely upon the trust you respose in the owner of these shares On both: the man and the security which is put up.
Mr. Alabaster: Your Lordship 'cannot allow them to strike out the admission in the first counter-claim.
Mr. Jeakin here interposed that Mr.
And 90 per cent, advanced, no matter Alabaster could not take advantage of a how much you trust the owner?--Yes; it document he had described as a nullity, 15 very high percentage.
Referring to the remarks of Mr. Jenkin And who ever took over these shares regarding the plaintiffs not agreeing to had only to find 10 per cent. of the total overlook the defendant's, omission to oh-value of them -Yes.
serve the law in filing the original coun- And the balance which Trim Chad had ter-claim, Mr. Alabaster remarked that to find in order to take over theco shares had the defence troubled to look up the was $30,262,367-Well, not only that he Following are the results of last night's particular section of the Code, they would had to pay a cheque for 81,700 odd.
have seen that permission of the other Witness went on to say that the braker water polo matches, contested at the side to overlook the defect was entirely age and stamps used for the sale of the unnecessary. They (plaintiffs) had int shares amounted to 81,791.26. This V.R.C. baths U.A.C. defeated King mated to the defence that, without pre-amount he geld was payable by the de- Regt. "B" teain by 7 goals to 2 RG.Ajudice to their claim of its nullity, they fendant. bent L.. by 5 goals to nal,
would plead to the original counter-claim.
The case was adjourned.
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