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16; DES VOUX ROAD AND WEST POINT.
THE HONG KONG DAILY PRESS, TUESDAY, FEBRUARY 15th, 1927.
"PAI-KAU" OR "TEEN-KAU.” A SHARE TRANSAC-
MILITARY FUNERAL AT
HAPPY VALLEY.
MR. G. W. AVENELL D.C.M.
MANY TOKENS OF REGARD.
The funeral of the late Mr. George William Avenell, D.C.M., of Messrs. Lane, Crawford's staff, whose death, at the age of 40 years, was reported yesterday, took place with military honours at Happy Valley last even ing.
The very large attendance of friends, and representatives of dif.! ferent organisations present, and the wealth of floral tributes sent Lowed the deep regard in which Mr. Avenell was held.
"ONLY A FRIENDLY GAME.
CONSTABLE DESCRIBED AS
STOOL PIGEON."
Pai-kau - or teen-kau ·(sky dog) was fully discussed, when BOYCE Chinese were charged with gam. bling before Mr. R. E. Lindeel, the Central Magistracy, yesterday.
Mr. C. A. S. Rusa, defending, said that the defendants were har- ing a friendly game of teen kau when they were raided by the Police as a result of information supplied by a Gainese -constable who acted as "stool-pigeon."
TION.
LOCAL BROKERS SUED.
QUESTION OF "ROPE
· SHARES.
JUDGMENT GIVEN AGAINST BROKERS.
At the Supreme Court yesterday morning, before the Acting Chief Justice, Mr. Justice J. B: Wood, questions of procedure in re gard to broking came up in action in which Mr. U. L. Ahmed Hobideen, merchant, of 64. Queen's Nam & Co., China Building, share Road Central, sued Chan Chan
and general brokers, in respect of
a share transaction.
The sail "stool-pigeon" Baid that he watched one hand and call. The deceased was laid to restined in the police. During the raid, the Old Residents' Section of the n tia was seized, which, the polico Protestant Cemetery, the Rev. G. submitted, was used as a receptacle T. Waldegrave conducting the last for the commission. In apportion- riter
ing the respective responsibility' in
Plaintiff claimed damages for the case, the police enquired for the breach of contracts by the defend- principal tenant, but this person ants to accept and pay for 1,000 was said to have gone into the coun- shares of the Green Island Cement try, leaving the shop in the charge Co., Ltd., and 500 combined shares
Brother sergeants of the Hong Kong Volunteer Defence Corps acted as pall, bearers, and officers of the Corps present were Capt Jordain. M.C., and Lieut. E. J. R. the No: 1 defendant in Court. H. B. L. Dowbiggin, Capt. 3 of his daughter-in-law. She was
Mitchell There was also present Regimental Sergeant-Major West- Jake, of the H.K.V.D.C.
The coin was covered with the Caion Jack, and on it were placed
the helmet, belt and bayonet.of deceased.
ment.
Other military honours were no- corded by a firing party from the 2nd Battalion, the Suffolk Regi
"After the funeral service, this party fired the usual three volleys, and a bugle of the detach meat sounded the "Last Post and the Reveille.'
Those Present.
Called upon by Mr. Russ to give
of the Hong Kong Rope Manu facturing Co., Ltd.
Mr. Eldon Potter, K.C., appear-
an exposition in Court of the game ed for the plaintiff, and the defend- he saw, witness sorted out the do- ants were not in Court. Mr. M. minoce, and asserted that the game. Watson appeared, but Mr. Pot played was pai-kaua keener form ter informed His Lordship that he of gambling than the teen-kau sug. gested by the defending solicitor.
The No. 1 defendant said that the seven players, including herself, were all members of the family, and that the game was a friendly one, little money being passed, and although the tin contained the com mission, the money would ultimate 17 go towards the cost of a little suppor.
ir. Russ explained that this bore some analogy to the "kitty"
poker.
His Worship found that there had been technical infringement, in the taking of commission, He
understood Mr. Watson had no instructions to appear that day.
Case Explained.
Mr. Potter said that the original action concerned 1,000 shares in. the Green Island Cement Co. and 300 combined shares of the Hong Kong Rope Manufacturing Co., Ltd. Ta respect of the "Cementa" had been paid into court by the defendants and accepted.
2 BUI
P
The caso as it now stood concern-
The principal mourners were Mr.. -F. P. Lenfestey (brother-in-law) Mr. and Mrs. R. Colman (brothers
was prepared to discharge the deed the Ropes" only. On April in-law and sister) and Mr. E. Jfendants with a caution, but the 30th, 1995, the plaintiff employed Ainslie...
Among the many representatives from Messrs. Lane, Crawford and Co. were Messrs. R. L. Bridger, F.
money and dominoes would be con- fiscated.
the" defendant Company as brokers for the sale of 500 combined "Rope" shares. This was admitted bý do
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TWO CIRCUS PERFORMERS CHARGED.
M. Crawford, W. A. Eustace, S. Mr. and Mrs. J. N. McBride, Mr. fendants. The price of each share broker. (defendant) was not Hable, a proper passport, John and Stere
V.
and Mra. F. M. Crawford, Mr. and was $59 Mrs. T. C. Monaghan, Mr. an Mrs.
The share contract was admitted, J. E. Anderson, Mr. and Mrs. W. Anderson : Mr. and Mrs. V. C. and the only points were the re- Labrum, Mr. and Mrs. H. D. Ifta, veque pinintiff was entitled to it Capt. And Mrs. Ellis Walker and family, Mr. and Mrs. Middleton, he succeeded and certain points and Nellie, Mr. and Mrs. S. J. which he would prove through Mr. Jordain, Mr. Mira, adnite Sood.
P. Teater."
all, Mr. and Mrs. A. J. J. Martin,
Defendants claimed, that before Mrs. Spaulding and Betty, Mr. and Mrs. S. G. Neyes, Mr. and Mrs. W. the completion of the bargain F. Hast and Cissie, Mr. and Mrs. G. B. Witchell, Mr. and Mrs. G. A. July 27th, 1925, defendant Walker, Mr. and Mrs. J. Rodger, furnished plaintiff with the name Fr. Mrs. J. Benson and Mr. 0.1 of the purchaser and plaintiff Beason, Mr. and Mrs. P. Lamgar,
fr. and Mrs. H. W. Perry, Mr, and agreed to deal direct with the pur Mrs. F. A. Mackintosh, Mr. and chaser.
Question of Liability. Dealing with defendant's con- tention that before the completion of the bargain plaintiff agreed to the offer for selling direct to the purchaser and that therefore the
For entering the Colony without
the whole thing was dependent on Floris, two members of a travelling. the disclosure and the rule. The troupe of circus performers were plaintiff's case was that there had taken into custody on their arrival been no such disclosure and second- from Canton: They were charged y that even assuming that fact it with the offence yesterday morning Was no defence in view of the true before Mr. W. Schofield, at the
Central Magistracy. meaning of the clause on the back
Mr. F. G. Vaux defended the two of the contract. The contract in question was in accordance with the rules of the Share and Real Estate Brokers Society and the vital point
men.
Mr. T. H. King, for the prosecu. tion, asked for a remand in order for their deportation. Mr. King that arrangements might be made
was in their rules of Association, thought they were Argentinians. in common with those of the Hong Kong Stock Exchange.
E. Blackett, J. C. Long, B. G. Sewell, T. E. Jones, W. B. Taylor, D. K. Kharas together with many other members of the staff.
From the European YMCA were Messrs. J. H. Hunt (secretary),
J. B. Clarke, C. James. 3. Anderson, mily Guy
H. Greenhalgh, Chapman
T Brown, W. C. Alltree, Haimoll, G. S. Brown, B. Murray, H. G. Swinburne, Johnson, Wat Lock Hing, and others.
Others present included Messrs. luded Messa, F. A. Macintosh,
1.B.E., R. R. Davies, F. E. Law. rence, J. C. Fletcher, R. & Ver gette, J. M. Jack, A. Gillard, J. Fraser, J. Hyde, J. McCubbin, J., F. E. Lawrence, Mr. and Mrs. HI. E. Scrives, Mr. and Mrs. Fow Goldenberg, A. Forbes, V.
cett, Mr. and Mrs. A. W. Roberts. Labram, J. McKirdy, H. A. Jones.
Mesara. E S. Abraham, E R. S. W. Paterson, Chief Inspector Ainslie, C. W. E. Alltree, L. Kent, Sub-Inspector Wilson sad Blackburn, A. S. D. Cousland, Mrs. Wilson, and. MADY other
R. Davies, G. R. Edwards, A. W. on which the shares were due accept such a poraon. "If he does friends
Eastman, W. G. Goggia, W. for delivery. With regard to the accept, then a broker's liability Keates, A. McKirdy, F. G. Her- ridge and C. V. Hughes, C. Hatt, defendant's contention "that the ceases." W. S. Hillier, J. C. Long, S. P. plaintiffs were not ready and will- Leigh, L E Lammert, F. Lammert, ing to deliver, the shares, there were A. C. Morgan W. H. Nolloth, the rules of the local sharebroking S. W. Paterson, T. M. Pile, H. R.
Floral Tributas.
C,
Floral tributes were sent by the following:
Wife and daughter, Mother and Dau, Mother, Dorrie and Dad, Edna and Robin, Freddie.
claimed Argentinian nationality
Both defendants indignantly dis-
the older of the two stating, that they had Fath been born in Wis
This point," said Mr. Potter, Plaintiff's answer to that was "is that if before an order is booked.consin, Pa. two-fold. In the first place it was by a broker you disclose the name until Wednesday allowing bail in Hia Worship adjourned the case contended that no such name was of the purchaser then it is with the 8150 in each case. disclosed until the day before that seller to say whether or not he will
claimed Mr. Potter, the form of the Assuming plaintiff succeeded,
transaction and had been acting far If you were putting through this
both parties, would you have ac Nearly all contracts, said Mr. cepted this order for delivery and put this transaction through 7-Yes. Potter, were put through without
"No doubt you would have gone disclosing the customer's name. to the Bank with the cheques, and With regard to the defendant's obtained the release of the shares. and handed them to the purchaser! ready and willing to deliver the In answer to further questions,
was to give him a delivery order. that day. He could not remember shares, the usual method of making Fitness said on July 8th, the Stock delivery of shares to a local broker Exchange was closed and there was free market for "Ropes" on In this particular case, the de-
any transaction in Ropes "
since fendant had written to his pur-1 chaser complaining that although
The Directors of Messrs. Lane, Remington, B. S. Rogers, J. Rod. associations governing such proce Crawford, Ltd., staff, Lane, Crawers, R. Bennett. L. C. Parker dure to be considered. These rules contention that plaintiff was potes
Rees, Y. Sorby, . II. Short, W. A. ford, local staff, Lane, Crawford, J. Taylor, R. D. Thomas, A. E. the plaintiff had abided by. ! Col. L. G. Bird and Officers, wright, H. West, G. E. Wetton. H.K.V.D.C., Members of Sergeants H. F. Westlake, F. Webster, Wat Mass, H.KY.D.C., members, Lock Hing (Y.M.C.A.) and Tang H.K.V.D.C., 0.0. Infantry Co. Fük Yai. H.K.V.D.C. Lieut. E. J. R. Mit
EG. Sewell, R. Murray, A. chell, LEV.D.C., the Detachment
"Brune" "A friend," "Two sin cere friends.'
order should be that defendant
should take up the shares on their
of R.A.0.0., the Kowloon Golf McArthur, Henderson and Overy being duly tendered to him and on he was in a position to make a de
payment of the purchase money, in An Interesting Life. effect, the specific performance of The late Mr. Avenell was born in the contract.
Club Committee and Members; Kowloon Golf Club, Committee and Members, Kowloon Football Club, Secretarica of the European Y.M.C.A.. Members of the Farnham, England, on March 8th, Y.M,O.A. Zetland Lodge of Free 1880, and would have been 47 years masons, Hong Kong Philharmonic of age next month. He first came Society, Bradley & Co. (Machinery to Hong Kong in 1902, and as stated Dept.), William C. Jack and Co., yesterday, was then serving with the
Sherwood Foresters.
Ltd.
Law Clear.
The low was clear on the point,
enid Mr. Potter, that where there was no free market on the date of In addition to the organisations the purchase and a seller could not mentioned yesterday with which deceased had been connected, Mr. 80 into the market and find another Avenell had been associated with purchaser, such should be the pro- the Hong Kong Philharmonis 50-cedure The only exceptions were ciety, and acted as property master when the "Pirates of Penzance" in the case of Government stocks was produced recently.
He was also a Freemason, being member of the Zetland Lodge.
which should always ́ command s market.
Sir Henry and Lady Pollock, Mr. and Mrs. Bewick, Mr. and Mrs. P. Buckle, C. 1. Castro and family, Mr. and Mrs. A. R. Forbes, Minnie and Elleon Hobbs, Mr. and Mrs EW. White and family, Mr. and Mira. S. H. E. Buckett, Mr. and Mrs. E. M. Raymond, Mr. and Mrs. B. Branch, Mr. and Mrs. J. W. Kynoch, Mr. and Mrs. G. A. E Bullock, Cissy and Nellie Johanssen, Mrs E. Danenberg and Mies Julia Gardner, Mr. and Mrs. J. Fraser, Mr. and Mrs. RL Bridger, Mr. and Mrs. J. Ormiston, Mrs. Spitties, Mr. and Mrs. Henry F. Banje; Mr.
On Sunday evening at the service there had been no sale in "Ropes" and Mrs. W. S. Drake, Mr. and Mra Fawcett. Mr. and Mrs. F. W. "At the .31.A., Mr. J. H. Hunt from that day to this. The date of (the Secretary)-made sympathetic settlement was, of course, the time Stapleton, Mr. and Mrs. A reference to Mr. Avenell, and com- Jones, Mr. and Mrs. A. II. Carroll, mented on the loss his death hand of the financial crisis and the Stock Mr and Mrs. W. Goldenberg, Mr. caused to the organisation. Mr. Exchange was actually closed: and Mrs. G. C. Burnett, Mr. and Hunt said that the late Mr. Avenell
Mrs. W. Macfarlane, Mr. and Mrs.
дп
A Delivery Form. livery because the plaintiff had Mr. D. H. Blake, of Messra. chaser in question had not turned plaintiff and defondant attended given him a delivery order, the pur- Wilkinson and Grist, said the
up at the offices of Wilkinson and his office and brought with them Grist where the interview had been delivery form. They waited for Arranged.
the purchaser, but he did not This surely destroyed the defen-arrive. The defendant seemed to it's contention that he had dis be in a position, to complete the closed the name of the purchaser contract as soon the buyer and that therefore his ability was arrived, and there was no sugges at an end. He had admitted in this tion that Chan should drop out of letter that proper delivery had been the deal. At that meeting, Mr. made by the production of the Mokideen was pressing Mr. Chan delivery order.
to complete the transaction.
Stock Broker's Evidence.
Mr. P. Tester, & stock broker, and one time Secretary of the Hong Kong Stock Exchange was called to give evidence:
22.5
The plaintiff said that on April 30th, he entered into a contract with Chan for the sale of "Ropes," completion day being on July 28th, 1005
Mr. Potter It is suggested that, Mr. Potter: Supposing you dis- The X.M.Q_A's Lom, `
In the ease of these "Ropes "
close the name of the parchaser, is on the 27th, he disclosed the name of the purchaser, and you agreed Deceased was
enthusiastic sharce, there had been no free mar- the seller of the shares entitled to to deal with him direct? worker in connection with the Euro-ket, as the time of the purchase or refuse the name
Witness: No. pean Y.M.CA., Kowloon, where he for, months following. In foot, had resided of late.
Case Proved,
Mr. Potter submitted that he had proved his case.
Witness: Certainly. Supposing he does accept that name Then you write on the con-
Name "disclosed." tract buyer's
They also suggest that we were His Lordship agreed and said not ready and willing to deliver. that the only question was whether In the case of a sale of shares on to make an order for specific per the Hong Kong Stock Exchange, is formance. If he made an order it invariably the
collected?
༢* a" script is always delivered by the foll damages, how would they be... seller.No."
Mr. Potter pointed out that if There is a rule dealing with an- would be difficult to collect damages other way! That is so. Witness at all in the absence of an available Plaintif has never been in the added that the seller asually handed market
to the broker & delivery order on His Lordship made an order in
favour of plaintiff with specific per formance. (Continued on nezi Cohima),
W. J. Carroll, Mrs. and Miss Hop and said he was a man who impress to tender the shares now?
was one of he first residents there is Lordship: Plaintiff is ready war, Mr. and Mrs. J. P. Robinson ed all, members of the Association
and Bonnie, Mrs. H. E. Kemp and with his refreshing personality. He Mr. Potter: Yea. family. Mrs. N. Eison, Mr. and Mrs had been a true friend to other
HONG KONG AND CHINA GAS Co., Ltd. Tully, Mr. and Mrs. Hast, and members and his death: removed fortunate position of being able to use Bankoker &
[LP]
family, Mr. and Mrs. E. Abraham, one whom the Association could ill
(Continued on next columa,)
get rid of them.
∙afford to lose.