Page
THE GOVERNMENT AND HOUSING.
'THE 40-YEAR FUEE LEASEHOLDS.
THE INDENTURE FORM REVIEWED.
THE - BONGKONG DAILY FREES, – TUESDAY, SEPTEMBER 4T, 1923.
PROPOSED NEW LEGISLATION.
The current, isque of the Guvernment Gazette contains the drafts of two new Bills which it is proposed to introduce at Thursday's meeting of the Legislative Counell,
FRAUDULENT, TRANSFERS OF
BUSINESS..
One Bill is jälituled "An Ordinance to prevent certain fraudulent transfers of businesses."
The Objects and Reasons" state: 1. This Bill, which is of a somewhat exceptional character, is an attempt to combat form of fraud which ha un fortunately become rather common in Hongkong recently. The fraud is this,
|
HONGKONG BOOK CLUB. ANNUAL MEETING LIMITS MEMBERSHIP.
too.
2
THE ARMS CASE. YOUNG "ASSISTANT COMPRADORE
FINED
MAGISTRATE'S RĖMARKS,
Ltd, was charged with illegal poseerion of arms was concluded at the Magistracy yesterday afternoon. The defendant was fined $300.
The young mutt's evidence was taken, He re-iterated the story of his counsel (Mr. F. C. Jenkin) already reperiod,
At the annual meeting of the Hong, kong Book Club, held yesterday after noon, Dr. W.W. Pearse in the chair,The case, in which I Man Hon, assist the only matter under discussion, apart ant conspiradore to Messrs, Dodwell & Co, from formal business, was the question of the limitation of membership.
The Chairman said that the question had been brought forward owing to the limited space at the service of the ful. The general opinion, was that if unlimited membership were permitted, there would be a grave possibility of the club becoming inrge for the
The Captain Superintendent of Police present accommodation which had been AD generously granted by the Sanitary Mr. E. D. C. Wolfey told the Magistrate Board, and they would then be faced with (Mr. J. R. Wood), that he had nothing to a rather serious financial problem, inso- add to what he had already said. The much that they would be compelled tó nun had admitted quite openly that he remove to more commodious premises, did not possess the revolvers for his own where they would have to pay rent. protection, and it was not disputed that Several other members endorsed the he was in arms dealers, and acted as ugent Chairman's remarks, and on, the question for the supply of amus to Kwangtung. being put to the meeting it, was in- | But even though these revolvers were only animously resolved that the membership samples, the fact still remained that he had no pertai, for them," and his poses. sion of them, therefore, was quite illegal. either had he a permit to carry on business as a dealer in arms in the Colony, and he would point out to his Worship that this latter fact also placed him without the law, and at the present. time the maximum penalty for it was equal to the penalty for being in illegal possession of arms. The man was not carrying on the business with Mesars. Dodwell & Co., and they, in fact, knew nothing about it. But he was using their premises for this business, and he was bringing into them people who were probably undesirable.
| firm then disappear. Sometimes the per-he limited to eighty.
son who was looked upon the active partner in the old firm re-appents as the manager of the new firm, but he denies partnership in the old firm, asserting that he was only an employé. The creditors Are thus left without any remedy.
The indenture forms, embodying the terms under which land may be obtained from the Hongkong Government under the forty-year leasehold scheine, are now in circulation. These documents' being drafted in the usual legal phraseology are Difficult to the lay render to understal. Interviewed on the mafter yesterday, the Hon. Mr. Fletcher explained that there had been no alterations in the reheme as originally outlined by him firm gets into difficulties, or it finds "before the Legislative Council on Jung become unprofitable owing to the fall in itself saddled with contracts which have 14th. Opr representative was, however, the market price of the goods contracted given information' on one point which to be bought. The firm purports to trans- -does not appear to have been nine clear fer to a new firm the good-will and other assets of its business. Lut not the liabili- in the past. An impression has prevail-ties. The partners of the transferring
·ed that no arrangements were made by the Government to enter for the him builder, that is to say, the man desirous -of building a dwelling for himself to live
in during his shjourn in the Colony, "was thought that directly a house was
2. The Bill proposes to attack this evil built under the scheine and an offer tu in the following way: It provides that purchase was made, at figure which whenever any business is transferred the transferee shall become and remain liable would cover the cast of construction and for the liabilities incurred in the business double the upset price of the site the by the transferor unless and until a cer- Jessier would be compelled to put the tain notice shall have been given. This house up for auction. This, according Gazette and is not to be deemed to be notice is to be by publication in the to Mr. Fletcher, was an erroneous impres complete until one month shall have sion. He said there was nothing in the elapsed from the date of the publication
in the Gazette. If proceedings are insti indenture form binding the lesser to sell. tuted against the transferee before the If the lesser so desired he could keep the expiration of the month the notice shall. house for the whole of the 40 years con- for the purpose of those proceedings, be deemed to remain incomplete until the templated by the lease and then the pro- proceedings are finally disposed of. The perty would automatically revert to the notice will have to contain the name and Goverument. This mens that those who address of the transferor, the name and desire to build homes for themselves max where the transferre proposes to carry on address of the transferee, the address do so without the fear of being co the business, and a statement as to whe pelled to sell their property and to conther the transferee is assuming all the tinue building. The onus of continuing liabilities of the transferor or not. The to "build rests only with those who s liability of the transferee will be irrespec their property. The general impression was that the less was compeftest to sell, tive of any agreement to the contrary. whereas Mr. Fletcher stated in his speech at the Legislative Council on the date mentioned and also in na interview graul to a Daily Press representatives few lays later, that the lessee was allowed to sell. There is vast difference between the two words...
Dr. W. W. Pearse was unaniously re-elected Chairman for the ensuing year and the following officers were appointed:
Committee Mrs. Balenn, Miss Ferguj son and Messra. C. T. Roc, P. K. Lauble, K. W. Lane and F. W. Shaftain,
HOR. Librarians-Dr. Woodman. Mesara. L. Temmern and D. Davies,
Mr: Chas Gerken was re-elected Hou. Secretary.
The meeting concluded with a hearty vote, of thanks to the outgoing officials for the splendid service they had render of the keen interest and unreinitting ed the club, special.mention being made attention to the club's interests, shown by the Hon. Secretary, Mr. Gerken.
SERIOUS ACCIDENT.
EUROPEAN WARDER FALLS FROM
SECOND STORY OF MESS.
A serious accident occurred at the early yesterday morning, when Warder prison warder's mess in Wyndham Street Crnixie fell from the second floor of the heilding into the street below, sustaining injuries which it is feared may prove fatal. The accident occurred at about exact cause is at the time of writing uncircumstances of the case. half past two in the morning, but the know. The distance from the Boor to the ground is about forty feet.
On those
Mr. Jenkin, replying, said be evasidered it a matter for great congratulation that there was a marked falling off in the strength of the observations by the Captain Superintendent of Police com- pared with his, original remarks Mr. Wolfe had formerly contended that Justice fendant to gaol, But it would be a would only be served by sending the do
pitiable thing to do, The defendant was no criminal, and could in no way com within the same ambit as men who became violence peaceful citizeng within the possessed of arms for the purpose of using Colouy, and against the police. The case which the prosecution brought against him was all adituced from his own pridener He had been perfectly open and perfectly ness without the liabilities. might of 3. A transfer of the assets of a bus
frank, and had told them the whole course he made perfectly bona fide, and
circumstances Mr. Jenkin submitted that the partners of the transferring firm Lions to their creditors Clause 3 willing over the railings for the cool air, and more than surprised that the police, in the fitting penalty for the, offence was wight honourably carry out their öhliga-
It is believed Warder Craigie was lean a fine, and not imprisonment. He was offer no real inconvenience in a bona file that his weight-(he is a heavy man)-presenting their case, had not made more case of this kind. If time be not essen. tial the notice of the intended transfer fell to the street. When picked up nud them: He could only attribute this to the broke thein down, with the result that he of the facts the young man had given tan be given one month before the trans- liability under the section will attach to theory of the accident. Craigie is aand come to the rose'usion that these fer takes place, and in that event ne placed in an ambulance he was wearing cause that the Police, like himself, had a sleeping auit, which lends colour to this geen the truth of what the defendant said, the transferee. If an immediate transfer Scotchman, and has been on the Gaol transactions did not come in contraven ho necessary the transforce, enn retain staff in four years. He was toshave gone rian of any criminal law. There was no- part of the purchase price or can take an indeninity from the transferor, and at
on duty at 7.15 a.m. yesterday. He is thing in the evidence to bear out the| the end of the statutory period of one
uffering froni 'a fractured skull, and Captain Superintendent's original allega- month the liability of the transferee will injuries to the right thigh.
tions that defendant was a tracker in tense, unless of course proceedings have
arms. There was nothing in what he had heen commenced in the meantime.
done to call for the taking away of the man's liberty there they had a young man, of good family, educated in Eng- Laud, speaking the English language, playing English games, and having a res ponsible position with an English firm, trying to render him was to save him the only service that he (Mr. Tenkin) was from incarceration in Victoria Gaol, He submitted that, the case would be suf Eciently met by u fina
Alt. Fletcher explained that persons wishing to sell their property (but under open market, that is to say at a public this scheme) would have to do so, in the auction, where, if he wished, he could buy in the property on the ordinary years renewable lease. This is a point which has not been fully grasped by the public. Most people have been under the impression that once they have bought their property in through public auction on the ordinary 16 years' renewable lense their obligation to continue building ceases. That is not so, and this is clearly stated in the indenture form, page 8 of which contains a sentence to the effect that he may be required" to enter into fresh agreement with the Government 'to carry on building. The Government, Raid Mr. Fletcher, might waive this con- lition in exceptional cases, but as a gen eral rule they were "determined to hold | * these people to their criginal agreement --if they sold during the forty-years. lease they must continue to haita."
Axked regarding payment for the land by the lessee, Mr. Fletcher said there would be no payment until such time ag the property was sold, when the Govern
nent would share half the proceeds of the sale after the east of construction of the house had been deducted, On the ather hand, if the lessee held on to the property until the lease expired he would then be called upon to hand over the
4. Sub-clause (4) of clause 3 makes the Gazette notice
prima Juris evidence, against the transferor and transferee, of the statements contained therein.
5. The Bill is rather in the nature of nn experiment, but it is asked for by bath Chambers of Commerce.
INCORPORATION OF TRUSTEES OF WAR MEMORIAL NURSING HOME.
The Objects and Reasons" of this Bill state-
1. The object of this Bill is to incor- porate the Trustees of the proposed War Memorial Nursing Home in order to co- able them to hold immovable property in perpetual succession. The advantages of incorporation are obvious. The bill fol lows the general form of incorporation Ordinances.
INTERPORT BOWLS. HONGKONG TEAM SELECTED.
Bowls Association, held last evening the "At a meeting of the Hongkong Lawn following team was selected to represent Hongkong in the forthcoming interport match toh played at the Kowloon Bowling Green Club between Hongkong and Shanghai on the 15th fast, :--
No. 117. Omar. Craigengawer,
2.-R. Hall, Kowloon Bowling Green
Club
His Worship said he accepted the young mon's story in its main features. Tho
Case would have given rise to no more trouble than was usun! in its class, but for the application of the Captain Super- intendent of Police that he should be com- nitted to the Sessions, and his expression of the view that the demand of Justice. would it be met with less than a terin of twelve months' imprisonment. Hig
1-D. Gow, Kowloon Docky R.C. 4.-R. Wallace, Taikoo (No. 2). Re-M. H. Drummond, Taikoo No. 2. Referee, W. Gerrard (Police R.C.). Scorer and Official "Measurer.—C.. J.
Tacchi. In a letter received from the Shanghai Worship did not adopt that view. There 2. The appointment of trustees, and all Lawn Bowls Association by Mr. Tacchi seemed no doubt but what the plaintiff. property to the Government on certain matters of internal management, such as (Secretary of the local Association) it was Freuchen and people in Kwangtung. He acted merely as a go-betireen for the conditions. This means that the question the majority required for any decision of stated that the Shanghai bowlers will of payment for the land comes only into the trustees and the machinery for the Peave for Hongkong on September 18th did not consider the circumstances of the the scheme when sales are, effccted... alteration of the constitution, are left to by the 25. Empress of Canada and the case were such as to justify defendant's The Colonial Secretary went on to any he decided in accordance with the con-provisional list of the Shanghai team ising sent for trial. On the other hand ho did not wish to minimise defendant's that the scheme was mainly one for large stitution of the Nursing Home for the ns follows:- syndicates who would be encouraged to
time being.
Shaw, H. Beitch, J, Tomlinson, A, cffence. He had no right to be carrying Hell the property and to go on building There is one limitation on the power Cheetham, R. P. Philip and P. Foicnand, these transactions without a police until such time as there was no longer of the trustees to alter the constitution
The scheme in It is that the two trustees of the estate will give the Hongkong men a very for fine of 9500 would be inflicted, and the any housing shortage.
The letter goes on to state that the team permit, and no right to be in possession of the revolvers without a permit. A this direction was meeting with great of Granville Sharp, deceased, must al-game and in addition, to bringing down success and the applications, for land ways be two of the trustees so long as with them the interport tag they bring
arms confiscated. de the scheme were unusually large.
that estats contributes to the upkeep of the. Prenties Cup which was promised. Regarding restrictions on these building
the Nursing Home.
at last year's interport match by Mr. J. syndicates. Mr. Fletcher referred our
Prontice, The team winning the interport representative to page four of the inden fure form where the restrictions were out-
the ensuing year. The letter concludes by match will take possession of the cup for lined. The lessce is not to charge or
stating "In the case of your good selves receive a rent for a dwelling of not more
winning the cup you will kindly bring than the aggregate of the following
same up to Shanghai, when year come up items:
for next year's competition."
(a) A sum calculated to yield an an
nual return on the expenditure on or for the building as appearing in. the said statement of cost, of eight"| per cent.
The actual sum payable for Crown rent, rates and taxes in respect of the building.
A reasonable and proper, charge, af current rates, for fire and typhoon insurance in respect of the building
(d.) An annual allowance for repairs of one per cent. on the sum allowed
In the said statement of cost as the outlay on the building exclusive of the cost of formation and pre- paration of the site
—
The lessee is also compelled to render to the Colonial Treasurer at each quarter of the year in account of his receipts and expenditure, These quarterly returns have to contain particulars of the follow ing
The following programme of matches.
(1) The names of all the sub-tenauts for the visitors was arranged at the meet
during the quarter to which the account or statement reintes.
(2) The rents collected from each sub-
tenant during that quarter. (3) The unoccupied fats or tecements
De during that quarter.
(4) The outgoings during that quarter, (3) The amount "credited to the sink ing fund during that quarter, the total sum at which the airing fund stands at the end of that quite ter, including compound interest on suus transferred to, sinking fund at the rate of 7 per cont, per an Mr. Fletcher said the Government were concentrating on building tenement, houses on a large scale at Sham Shui Po
ing
September 10th, Craigengover 11th Police: 12th, Ciril Service Cricket Club 13th, Takoo: 14th, Kowloon Docks R.C. lath, Interport match: 17th, Kowloon Cricket Club 18th, Kowloon, Bowling Green Club,
A committee was also formed to make arrangements for the interport dinner which will be held at the Hongkong Hotel.
CHILDREN'S AQUATIC SPORTS.
We are asked to remind ticket-hollers that launches leave Blake Pier at 3 pm: which will take place at the E. A SM A. Beach, Stonecutters, kindly lout: for the
contemplated that Iand which could be Reet-Davies in conjunction with the follow The fete is being organised by Lady bought under 30 cents per square foot ing ladies: Mira, Fletcher, Mrs. Butter would be included in the scheme. This, worth, and Mrs. Wolfe, and is in aid of he concluded, meant that land, in the Now the Ministering Children's League. It Territories at Taipo, Sistin, Fanling comprises a number of aquatic events for etc., would not be considered as coming children between the ages of 5 and 15, and within the scope of the scheme, as land 3 races for non-swimpers under 7 years
old
An annual allowance for expenses of management of one half per for the Chinese working classes, whilst to-morrow (Wednesday) for these sports cent on the expenditure referred at Kowloon Tong houses for better class to in paragraph (a) above and Chinese and Portuguese would be erected next after the date of the certi during the period of twenty years under the scheme. At present it was not occasion by the E. A. S. M. A. Club. Acate of the Building Authority that the building is fit for occupa tion, but not thereafter, (L) An annual allowance towards a sinking fund of two and a half per cent. on the expenditure referred to in paragraph (a) above (Continued at foot of neat column.)
in these districts could be obtained very cheaply.
(Continued at foot of next column)
CORRESPONDENCE. PREVENTION OF CRUELTY TO ANIMALS,
TO THE EDITOR OF THE HONGKONG
EN DAILY PRESS."}-
S-On Friday night Inspector Fisher was phoned to by someone in Kowloos who claimed to be a member of the Society, ordering him to proceed to Kos
on Railway Station at once to are the way some chickens were being de-trained, This way at 10 p.m. Inspector Fisher naturally asked the name of his in- formant, which was not forthcoming, the only reply being that it was a member Wao subscribed 82 towards his (Inspector Fisher's) salary
If anyone, rither a member of the Society or anyone else, wishes to give any information with regard to cruelty, they must give their names, and must also con form to the rule as advertised in ta-day's issue of the PressYours faithfully,
salt of the B.LA FROST
P(Hon. Secretary). Hongkong, September 1st, 1923.
Lieut.-Col, Butterworth. R.Li, assisted by The programme has been arranged by Captain Walker, Lieute, Frederick, Tay lor and Carne, and Messrs. Grundy, May and Owen-Hughes
HE. the Governor has kindly consented to be prescat.
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