YO
“IGNORANCE OF THE LAW"
Company Directors And Hongkong
Ordinances"
REGISTRAR'S OPPOSITION TO TIME EXTENSION ·
Shanghal. Nov, 20. **All company directors should have a working knowledge of the Hong Kong Companies Ordin- ances, and pot leave it to the Registrar of Companies to draw their attention to these things." #ald Mr. Vletor Priestwood, when, on behalf of the Registrar of
M. C. C. TEAM BEATEN
Ten-Wicket Win For New South Wales
Bydney, Nov. 25...
The four-day cricket match with the M.C.C. tourists "ended in a vic- tory for New South Wales by ten wickets, this being the first upset for the visitors who drew in the two earlier matches.
New South Wales were definitely on top in their batting, three of their men making valuable con-} tributions towards their first inn- Ings total of 385. The following
were the full scores:-
M.C.C, 260 (Hordstaff 77. Parks Companies, he opposed an appli-55, White 4 for 43) and 163:
New South Wales: 385 (Marks 89. McGilvray 66. Easton 77, Sims 8 for 125) and 39 for no wicket- Reuter,
cation in H M. Supreme Court yesterday by The Jewellers Co. Ltd, for an extension of time. In which to file the return of an allotment of shares Mr. K A. Recks appeared on behalf of the petitioners, and Mr. John McNeill watched the case on be- balf of Mr. F. R. Gabbott, former- ly a director of the company.
Counsel for the company also asked that the directors and officials of the company be ab- solved from penalties but Judge P. Grant Jories sald that he was not ready to entertain that part of the application.
Opening his case, Mr. Reeks said that the motion before his Lordship was for an extension of time for the company to die with
}}
*
ADMIRAL DREYER AT ZERO CLUB
HONG KONG DAILY PRESS, TUESDAY, NOVEMBER 26, 1935.
BRITONS ARE HEALTHIER
Likely To Live
---Longer
BY JOSEPH MARTIN
The annual report of the Chief Medical Officer of the Ministry of Health has long enjoyed the re- putation of being one of the most competent and most interesting of British "oficial publications, For many years the Chief Officer was Sir George Newman, and. the excellence 'of the report was regarded as being due generally to his own personal qualities; in consequence many readers won dered whether the report" would
YOUTHFUL TIES AN ASSET
Sir Alexander Cado- gan on Keeping Friendships
BRITISH EDUCATIONAL· METHODS DEFENDED
LAW-NOT WAR
What Is The Real Opposition
XMAS
Hampers
We beg to notify Customers that Assorted Hampers suitable for the Festive Season may be obtained from us at the following Rodnoed Ratas 1--
No. 1 HAMPER-$55.
1 Qt. Moet & Chandon Dry Imperial
Champagne.
1 PG.F. Peppermint.
Pt. D.O.M.
1 Qt. Martell's Brandy. ct
4.Qt. John Haig Gold Label Whisky or McCallum's Perfection" Whisky.
(BY ARTHUR DAVIES.) 'Law, not War. This has long been a favourite slogan with those who believe in the League Nations way of sett..ng disputes between nations. Like many other pithy sayings, It may easily mis- lead those who do not take the trouble to probe into its "true meaning.
Shanghal, Nov. 20. Mr. W. S. King presided over a very full attendance of the British
It is to be noted straightaway, Universities and Schools' Luncheon that the contrast intended is not Club yesterday at the Metropole between force and some other Hotel, when the guest of honour method of attaining results such Bir as moral përsuasion. For it may was Sir Alexander Cadogan.
tha be seen at once that 'force is an Frederick Leith-Ross was on
Sir Cecil not in
not use its particular appeal chairman's left and another dis- element in Law, as surely though
Was
1.
USE OF FORCE
No. 2
1. Guillemart Champagne. 1 Ft. D.O.M..
1 Qt. Bargoyne's Burgundy,
1 Qt. Martell's Brandy.
1 Qt. Superb Tawny Port. 2 Qta. St Fulien Claret.
1 Qt. Old, Brown Sherry, Black Seat.
1.Qt. Taylor's Old Tom or Dry Gin. 1 Qt. Burgoyna's Burgundy,
1 Phial Angostura, Bitters.
HAMPER-$50.
2 Qts. John Haig Gold Label Whisky
or McCallum's "Perfection" Whisky
No. 3
1 Qt. Burgoyne's Burgundy,
Pt. G.F. Peppermint, Pt. D.O.M.
Qta Tarragona Port.
& Qt. Tawny Dry Port.
Qts. St. Julien Claret.
1 Qt. Taylor's Old Tom or Dry Gin
1 Os. Vino de Pasto Sherry.
1 Phial Pomeranze Bitters.
HAMPER-$40.
IQt. Pellission Brandy.
1 Qt. Amontillado Sherry.
1 Qs. Taylor's Old Tom or Dry Gin.
2 Qts, Medoc Claret.
1 Phia) Pomeranian Bitters.
We stock also John Haig Hampers in cases of 6 byttles and 3 bottles. Other Hampers made up to suit Customers' requirements,
the he when
lett
the same overwhelming Ministry. Linguished guest Fortunately he has been succeed-Leys.
proportion, as it is an element In War. Indeed the earlier writers ed by Dr. Arthur MacNalty, "whoss
Mr. King greeted Sir Alexander on jurisprudence, such as Austin, first Annual report, for 1934.
as the apostle of goodwill from the
tended to
exaggerate its impor-2 which was published "early 11
tance to a correct "definition of 2 Q John Haig Gold Label Whisky October. is on the same high level British Empire to the people of a
country which was the most araw, even to the extent of ignor-
or McCallum's "Perfect" Whisky, as those ut his predecessor,
cient in the world and the popula-ing a the other ingredients in Apart from the technical ex- tion of which together with its make-up. cellence of Dr. MacNalty's report, that ot the British Empire. the story It has to tell of the was only, 20 million people state of the nation's health is short of the total population extremely gratifying. The British of the rest of the globe. Mr. people are healthier and more King felt that the induence which likely to live longer than ever the two nations could bring to bear before in history. This latter fact upon civilization was incalculable. British Le one of the most remarkable They nad many characteristics in
features of the day. During the
common and not the least was Middle Ages, as far as scientists have been able to ascertain, the
Shanghai, Nov. 21. One of the most distinguished groups of guests ever to accept the hospitality of the Zero Club at tended the tiffin at the Shanghai Club yesterday in honour of Ad- miral Sir Frederic Dreyer, Com- mander-in-Chief of the China Fleet, who is leaving for Hong Kong on Friday in HMS Kent. At Hong Kong in January Sir Frederic will be relieved by
average expectation of a baby's
their reliance on the personal free
dom of the individual. In the Bri-
The real opposition beween Law and War is to be found in the occasions that lead up to the use" of force in either case and circumstances and methods of its
use,
the
In not too far strained a sense, oreover, both Law and War seek
Justice.
But here we are very
near touching the spot at which
the distinction between Law and War becomes clear. If a nation decides ..for Itse what's just and right. and' repudiates the right of others to have a voice in
tish Ambassador they saw a dist-
travelled in many lands and who was regarded with special esteem! by the members of the Club which had the privilege of entertaining
the decision, *16 denni'tely him that day. Mr. King referred
adopts the policy of War. Not appreciatively to the presence of
B1 war makers are us clear- Sir Frederick Leith-Ross to whom thinking and frank as Signor also a hearty welcome was extend-Mussolint was in a speech of hi
the Registrar of Companies parti-Vice-Admiral Sir Charles Little. length of life was twenty-one | Inguished. diplomatist who ned
Brigadier-General E. B. Mac-years. This appallingly low level naghten. President of the Zero was due to the terrible mortality Club, presided at the tin and among the young. Sanitation and among the guests were Sir Alexan-more healthy modes of life have der Cadogan, H.M. Ambassador to | improved matters enormously Chinä, Sir F. Leith-Ross. Commo- During the present century the dore F. W. Attwood and Capt. I. B. average duration of life has in Tower, commander of H.M.S, Kent.creased by about fifteen years,
General Macnaghten welcomed and everyone has a reasonable | ed.. the guests, paid tribute to the expectation of reaching the Psal- British Navy, making special refer- | mist's three score years and ten. once to Sir Frederic Dreyer and Last year it was estimated" that expressed the Club's regret at his there were 103,300 persons of 85 departure.
years of age and over in England and Wales.
culars of two contracts made for the, allotment of shares for a consideration other than cash together with the return of an allotment of shares. An affidavit signed by Mr. H. H. Gregory, a director of the company. was then read, in which Mr. Gregory atated that he was ignorant of the requirements of the Ordin- sances, and had failed to Ale the return of the allotment of shares through inadvertence. Attached to Mr. Gregory's affidavit was an exhibit covering a document sent
Club-
Admiral Dreyer replied, express- In May last to the Registrar pur-ing thanks for the hospitality and porting to be the minutes of assistance of the Zero statutory meeting, and which de- "N.C. Daily News." talled the allotment of shares.
Quoting from the case In Re Jackson & Co. (1899 1 CH. 348). Mr. Reeks said that it had been held that "Inadvertence" covered Ignorance of the requirements of
statute. "No one in Shanghai can buy a copy of the Ord'n- ances," he said, "I can tell you that from my own knowledge, and have brought the matter up before the Bar Assolation." DEFINITION OF "KNOWINGLY" At this point, he was inter- rupted by his Lordship, who said that he had just come across the legal definition of "knowingly,"
caused
T
which had
certain Famount of difficulty in the Police Court case on Monday against Messrs. H. M. Gregory and F. R Gabott. Quoting, from the case of Burton v. Bevan (1903 2 CH 240), he said "knowingly" was apparently a "contravenence with knowledge of the facts,"
Dealing with his motion to ab solve the company's officers from the penalties to which they were Hable, Mr. Reeks said that under the terms of the Hong Kong <Ominances Als clients were sub- ject to a fine of $500 for each day over the allotted time given them in which to flie the returns. He submitted that it was never the intention of the legislature to inflict these fines merely for the purpose of collecting revenue. but that they had been put there in order to "keer men straight," He said that in this instance. apart from the affidavit, there was extraneous evidence in the form of a document, which had been sent to the Registrar of Companies in May which bore out the contention of the deponent that he was ignorant of the re-" quirements of the Ordmançes Where It was thus clear that a party had sinned from ignorance be submitted, 15 was 晶 proper ,case for his Loruship to exercis
his discretion and grant feller from the penalties,
INNOVATION BY THE BAR" His Lordship sald that he dis not see how he could make such an drder da there was no authority for it. As far as he could see, the
children do not surer in
CLUB AIMS APPROVED
were
some Afteen months ago. Nectar- ing that War, and not the League
war is an
His Excellency, acknowledging of Nat.cns, was the final Court Of Appeal between natiors. The but gently deprecating the warmth of the Chairman's reception, pro- point is that if each nation judge: ceeded at once to express his car-for itself and attempts to enforce dial approval of the aims-and its own judgement BIRTH-RATE INCREASES
methods of the Club. He felt that inevitable outcome and such War is by reason of its very origin. One of the first, points of in-n spite of the fashionable habit
anarchie in character. terest in the report is the increase 01 decrying British educational
RIGHT AND JUST in the birth-rate, There were
methods, the system of learning to raise any objections," said Mr
What then is Law's distinguish.. Priestwood, on behalf of the Re-
17,229 more births in 1934 than provided in the United Kingdom
Just was not much interior to that of ing conception of Justice? gistrar, but I do
the In 1933, the number registered fast oppose
decision as to what Ls Indeed, in some this, that extension in this case and also year being 597,642. The "number other countries. the absolution from all penalties." of deaths of infants under one respects he felt that those who right and just is to be reached third parties who wil first Companies were incorporated in year of age was 35,017, approxi- nad taken the trouble to travel so by
miles for their hear what both disputants have order that the public might trade mately two thousand less than in many thousand
the previous year, and the lowest ednication
able to acquire to say upon the points in issue. without jeopardising its pocket. and the companies had certain on record. This yields an infant from Great Britain certain special When decision has been reached the whole community is interested duties towards the public and the mortality rate of 59 per thousand. Equipment,
in its being obeyed Registrar of companies. He sub The great efforts made by public
Learning was to be had in areul
Within the State, Law is a mot mitted that if any order, granting authorities and by private indivi-Britain provided there was sub-perfect-for when decisions have the extension of time were made
duals to see that mothers and clent concentration applied to its been arrived at by the proper It should be coupled with an
those acquisition and the mere fact that tribunals, the State employs its areas where unemployment is a long journey had been under whole strength to enforce them order definitely stating that the
were not high and incomes, low has been directors and officers
taken for that purpose showed in civil matters as well as crim!- absolved from any penalties they largely responsible for this im-
that the requisite faculties were nal.
Before the League of Nations available Zritish schools and unl versitles specially developed the the foundation of Justice was War. feeling of communal loyalty. The The League's Covenant has for enthusiasın over the Oxford and the first time in history substitut- Cambridge boat race might seem ed Law for War-but even now. puerile to foreigners; yet it was it is to be noted, very imperfectly. indicative of the training which The League does not purport to the British system inculcated so enforce its decisions, but at most that from the corporate loyalty of to prevent by co-operative action the school or university the great the attempt to obtain justice by er loyalties could emerge, This resort to War.. ability on the ground of Inad-to what class of the community was showa in later life in party vertence and it was therefore they may belong is now const-
polities on which British differ- held that "ignorance of the law dered a national duty. There are ences of opinion could acutely was no excuse," whereas the lat- ante-natal and post-natal ser show themselves on occasion, but ter case referred to a section vices watching over
the child which did not prevent the nation which provided that "ignorance
from birth up to the age of five from coming together in complete of the law was an excuse." and years. At the age of five the solidarity on important issues of merely decided that ignorance of child the law fell within the term "in
advertence.
might be subject to.
provement. His Lordship here asked Mr. Much space is devoted in the Mc Neill, as amicus curiae he report to the question of nutri- had anything to say on the two tion, especially in relation to cases of Burton v. Bevan and In children's diet, and the reduction Re Jackson. which appeared at in infant mortality is in itself' first sight to be in conflict. Mr. evidence of the fact that children McNeil suggested that the two are being better fed, better cared coses were distinguishable, because for, and better treated in illness the former decision dealt with a than ever before. Indeed, the pro- section which did not excuse per
care of children--no matter
Being satisfied that it did. his Lordship, giving judgment, sald
PETITION GRANTED
that this means "this:—.
2
H.K. LADIES, HOCKEY ASSOCIATION:
Successful Drive Held
The Hong Kong Ladies' Hockey Asscelation, thanks all those who so generously
gave cakes and sandwiches, etc., to the bridge and man jongg drive at the Gloucester Hotel on Friday, also the British- American Ltd., for ettes and
Tobacco Co. (China) at donation of cigar- Chegro Club for the
comes under the school | national significance. "Thus the medical service, and its health is spirit of solidarity was encouraged safeguarded so long as it remains and stimulated and it provided an at school. Free meals are provid- object lesson which he was all the ed where necessary; 400,000 child- more qualified to point out because ren during 1933-34 enjoyed seventy he himself had in certain respects "I am inclined to, and will,
million free meals. In addition, reglected it. Taken by his career grant an order that the time be there are now nearly three million to countries overseas, he had some- extended for seven days from to- children receiving milk either free how falled to maintain touch with day, and I am adding possibly or at a cheaper rate. When the his old associations and thus had obiter dicta that it appears to me child has completed its school lost the habit of renewing friend-
"Under Section 44 (2) of the sixteen, it comes under the Health mistake. They would find that the the list of prize-winners.
life and has attained the age of ships. Let them" not make that loan of tables. The following Companies Ordinances, the com- Disurance, Unemployment Insur continued cultivation of ties which pany shall within
Contract Bridga-1, Mrs, W, T. eight weeks ance and Pension schemes.
they had made in their youth was Stanton; 2, Mrs. W. N. Fleming: FEWER DEATHS.
a real asset to them and a great booby, Mrs. A. Stevenson. help in preserving those traditiona for which the Club stood. He was happy to be among them that day. and to take that opportunity of emphasizing that quality in bertson; 2, Mrs. W. G. Banderson;
the institutions to which all members booby, Mrs. N. M. Currie. of the Club had shown their at-
Raffle-winning ticket No. 195; tachment.
cake, winning ticket No. 170. *»
after allotment deliver to the Registrar of Companies for re
The death rate from tuberculosis
TRUE DIPLOMATIST THE
እነ
Auction Bridge.-1. Mrs. J. D. **Thompson, 2, Mrk"-Loft;
Mah Jongg~1, Mix. Willam Ro-
gistration the proscribed particu Regarding the general death lars of allotment and any con rate there were 19,655 fewer
·tract for allotment for considera- | deaths last year than in 1933, an tion other than cash. Regarding improvement of 0.5 per thousand the period of eight weeks, it ap over the previous rate. During pears to me that the extension 1034 there was a marked fall in the begins at the end of those eight Incidence of pneumonic diseases, weeks. An extension of the eight cerebro-spinal fever, enteric fever, wands "grant weeks by seven days, smallpox and infantile rellet" merely appled to an ex- means that the intervening
M. T. K. Tseng, in moving a manded the conndence of the tension of time, and were not in period is not covered by the was the lowest ever recorded, and vote of thanks to His Excellency country which he represented as the slightest way concerned with ↑ extenslan and therefore, no rellet there are Indications that this recalled the qualifications assigned well as that of the country to the absolution from penalties is grafted by the extension for disease is fast losing its hold on by one of his Cambridge tutors to which he was accredited. From The practice of granțing such an the berlod which intervenes be- the population. In order more
diplomade profession the unformation which had reached order was probably due to In tween the end of the eight weeks effectively to combat disease and "innovation which came into and the date of which the order illnesses of, all kinds the Ministry
true diplomatist was one who come nim. Mr. Tseng, disclaiming any right to speak either for the Chin- being by the subtlety of the Bar is made.",
of Health keeps in ever closer
ese Government or for the Chin- ellents. on the behalf of thetr
contact with medical and scientific | 7
ese people, fell that Bir Alexander The practice is the same in Hong
organisations both at home, and medical Intelligence service is Cadogan had fully earned that Kong."
abroad, and the information thus provided, and the present results dual conndence a verdict appro- obtained is pooled and exchanged show how successful the Minis- prištely-endorsed with acclama
required, thus a world-wide" try's general polley has been. tón NCDN-
"It has been the practice of the Registrar of Comparites not
He accordingly made an order for the extension of the period forming the returns for seven days from November 19.-N. C. D. News
they
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