HONGKONG DAILY PRESS
CHOA PO-SIEN BANKRUPTCY
(Continued from Farë:1)
The Ondal Receiver asked that a subpoenaed witness, Lt. Col H 1. Murrow, general manager of the "Hongkong Daily Press," be released, as he had received a satisfactory explanation as to why a request was made to the news- paper not to publish the report of the public examination of the debtor in 1937. The proceedings, in fact, were fully reported. H Lordship granted the request.
Mr. Andrews' Comments Mr. Andrewes then said: "Your Lordship will recollect that at the last hearing my friends interposed when I was addressing the Court and in the discussion which followed certain statements were made which fortunately have led to some mis understanding,
"I am anxious to do what I can to dispel that misunderstanding. for which perhaps I must accept, some responsibility, and I desire
bankruptcy was in substance. alain, that they are friends and
though, not in farm, a bankruptcy fer the bentant of the debtor.
"Once that is established, it is only necessary for wie to shew that if the debter had presented the petition himself. 'he could not have succeeded.. because he could not have satisfied, the Court that he was an honest mn.
Two Inubs
"Now, in these circumstances, it will be apparent to your Lordship that certain matters referred to in my report will have no bearing upon the matters which your Lordship has to decide, and it will only be necessary, therefore, for your Lordship to consider those statements in my report which establish
*) (1) - Irregularities" on the part of certain of the friendly creditors; and
(3) that the debtor was not an honest man.
intimate friends of the debtor. So much for the complaints tha I make against the friendly credi tord.
GENERAL
SOUND FILM AT ROTARY CLUB
"OIL FROM THE
EARTH
"Now as regards the debtor hằn- self against whom, as I have said, technical sound his ón “03 I am alleging dishonesty. To sub from the Earth" profited enter- stantiate this allegation it is unafament for members of the necessary for me to do more than ourkons Rotary Club, and their friends at the Club's weekly thin refer your Lordship to a very perheid in the Boof Garden, of the tinent admission made by the
Hongkong Hotel yesterday. debtor himself to your Lordship
“He then - sald,there is a full note of this taken by your Lordship at the time—that “I· dared to return to Hongkong because my people were ar- ranging my bankruptcy at my request."
Mr. F. D, Tisley, "of the
Asiatic
a few weeks ago, during his ex Petroleum Co., Ltd., who some amination on May 8,
time ago ran for the club a film on "The Petrol Engine" was again. in charge of operations yesterday. Major R. D. Walker, M.G.. presided over the meeting and welcomed visiting Rotarian J. N. Evangelista (of "Bagulo) and the following guests:-Major E W. M. Stewart Major 8. Hedgecoe, "Moreover, It is relevant to Messrs. H. Rowland, C. Blaker. P. observe that, when the petitioning. Baskett, A. Y. Kwok, G. Forder creditor first presented his peti-and E. C. Hanscomb. tion on December 22, 1936, `the solicitor then appearing for him sald, that the relatives would be
Alleged Dishonesty“
The film, essentially a technical one, dealt principally with the geve
“It will be converilent, therefore, to avall myself of this opportunity if I summarize to your Lordship, to state that I unreservedly witha- first, what in my submission, those prepared to provide the necessa~~ process of oll-drilling and draw any statement of mine which irregularities are:
and secondly. 15 per cent. as long as the debtor good lustration of the amount of may appear to have suggested that the facts and circumstances upon could get the protection of bank-expert and detailed work involved
In the industry. I was imputing dishonesty to any which I rely, to shew that the ruptcy. of the creditors.
debtor was dishones
"Further; it will be abundantly clear from the evidence of Miss
Mr. Ilsley Was thanker by Rotarian Doughty.
TRAFFIC CASES
F. J. Daniel, of No. 220, Frince Edward Road, was fined $4 for obstruction with his
Complaints Limited
Friendly Creditors "My complaints in these pro- "These irregularities concern Morrison that the debtor incurred ceedings-apart from the conduct three friendly creditors-Kwan his ability to her by dishonestly of the debtor which I shall deal King Shun" (noy" deceased), Tangpretending to be the "compradore with separately-are limited to Shiu Kin and the Procurator, and of the Banque Franco Chinoise an allegations of irregularities on the the irregularity complained of in office which he had ceased to hold part of certain creditors; and each of these three cases is of the a year prior to the date when he causing while I expressly disclaim any sug- ime character, although there was representing himself to be vehicle outside the Dairy Farm, in gestion of fraud or dishonesty against these creditors, their con- duct has, in my submission, been Fo irregular as to lead your Lord- ship to the conclusion" that this
may be differences in degree.
"In each case the action of the creditor was calculated to assist the debtor by reducing the total liabilities and thus enabling the debtor to deposit, a far less sum to satisfy the 15 per cent. rule than would have been the case if
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still employed in that position.
"The conclusion, therefore, is irresistible that the debtor was a dishonest person before these proceedings were commenced. and that if he had petitioned in his own name, the Court, if fully informed " of the facts, would have peremptorily dis- missed it.
Nathan Road, near Cameron Road, on June 2, at about 1115 p.m. when he appeared before Mr. QAA Macfadyen; at the Kow- loon Magistracy yesterday."
LA Remedios, "of No. 356, Prince Edward Road, was fined $1, on a similar charge at the He same place.
pleaded not guilty to the charge of obstruc- tion. He acknowledged that his car was unattended, when parked outside Watson and Co., but said that he did not believe he had obstruction at all.
"The creditor, Kwan King Shun,
Debtor's Benefit for example, agreed not to prove "I propose now to call Miss a debt of $30,000 and, in fact, died Morrison to testify to the dishonest without Aling his proof, but his conduct of the debtor and at the executor proved for it on June 7, conclusion of her evidence and caused 1937, by which time the figure, on which the 15 per cent. depoalt was calculated, had already been de termined on the basis that ali
liablities had been disclosed.
"This is not a matter of
Alois Juricek," also of No. 221. when your Lordship has had an
Prince Edward Road pleaded opportunity of considering the re-
guilty to charges of falling to. levant documents in these pro=" ceedings, I shall invite your Lord have head lamps on his ship to say that it has been car in Nathan Road, pear Fei Ho clearly established that the actions Street, and causing obstruction in
motor
mere inference, because the of the friendly creditors shew that Shanghai Street, on June 5, at 11
debtor himself made an admis- sion to me personally," on Dec. 20, 1937, that this was the
object of Kwan in agreeing not to prove, and I am in a posi→ tion to produce to your Lord- ship documentary evidence of this fact...
Case of Tang
"The case of Tang resembles Kwan's in this respect, that Tang intentionally delayed proving * debt of $12,800 until May 31, 1937 Your Lordship will readily see that if these abilities had been dia closed and proved for, they would have made a substantial differ ence to the original amount which the debtor had to deposit:
F Fowler, of 85, Kadocrie
WEDNESDAY JUNE 28, 1939-PACE T
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this bankruptcy was, in substance, P. A fine of $5 was imposed on a. bankruptcy for the benefit of the the obstruction charge, and $3 on debtor and that if the debtor had the other charge presented the petition himself, it would have been dismissed. In Avenue, was fined $5 for causing Imperial Airwaya: these circumstances, there can be obstruction in Nathan Road, out no doubt that the proper course side Dairy Farm, and $7 for falling is for me to apply to this Court to notify the change of address. to ask for the adjudication order to be annulled."
Gold® Bonds
and, again, in June of that year. Giving evidence, Mias Ethel Mor-She said she wanted the money as Ison said she called in December she had made preparations to g 1933 at the
Banque Franco-away, but was told by debtor that Chinoise to draw two of her gold she must wait - honda when she saw debtor and "He became very agitated remarked to him that she had and nervous," said witness. been advised to sell her bonds "and said that if I pressed him owing to the depreciation of gold, I would get nothirig."
"Lastly, the case of the Procura- In May 1934, atated witness,
On August 20, 1936, witness said
NORTHBOUND
Friday: Bangkok, Hanoi, HongB-
kong."
Denebals&auth
SOUTHBOUND
Friday: Hanol, Bangkok, Delphinus, Dorado-7 & 7.30 am. Air France:
NORTHBOUND Wednesday: France, Hanoi,
Hongkong.
Service-12.30 p.m.
Pan American" Airways;
EASTWARD
Wednesday: U. S. A., Manila.
Hongkong.
China Clipper 2 p.m. WESTWARD
Thursday: Manila, U.S.A. China Clipper-8,30 am,
tor. His case is identical with that debtor telephoned her and asked she issued a writ against Choa Choe of Tang's in that he proved for if she had disposed of the re- claiming for her money. anly part of his claim, but with mainder of her bonds. She said she consented to judgment for $29,- this difference, that he has never, had not, and debtor then said that 972.38 and offered to settle by pay. even to this day, proved for the if she wanted to do so he knewing her $5,000 cash and $10,000 in balance-a balance which amounts of someone who would purchase monthly instalments of two or to the very large Agure of $50,000.. then.
three hundred dollars each-time. Debtor called at her house that
Did Not Accept
Note: The Thursday. Inward evening in connexion with the Witness sald she did not accept matter, and informed her that, as this arrangement as there was no service of Imperial Airways is de- layed one day, due to service, on compradore of the bank, he could guarantor. get a much better rate for her "I saw Fr. Noval about a week the Empire route. The mail plane bonds. Witness said she subse before Christmas in 1935," stated will arrive in Hongkong on Friday
afternoon, quently took out her bonds from witness,."because I hoped he the National City Bank and hand-might assist me to get my money led them to debtor.
"So that I may summarize the effect of, these... frrëgular]– ties on the part of Kwan, Tang- and the Procurator by saying that, if they had all proved at the proper, flme. In the proper way for the full amount of their claim, the total Habilitlen would have been swelled by an amount exceeding $90,000, and consequently the debtor would have had to deposit a further $12,000, at least, to secure his order.
Mr. Andrewes: Did you be- Hove, he was at the time com- pradore of the bank?--Yes, I would not be in a position to know of his resignation.
from 'Mr. Choá đ
"Fr. Noval said he was SOTTY he could do nothing, as Mr. Chon owed about: $50,000 or $60,000 to the Mission on n mortgage, and also owed a great deal of rent.”.
HONGKONG HOTEL SNACK BAR
Already a popular rendezvous, the Snack Bar of the Hongkong Substantial Balance Extraordinary Conduct
Hotel was crowded yesterday CROSS EXAMINATION "The conduct of these thres Continning. witness, stated that
following the installation of an creditors cannot be said to be con Choa gave her $500 after the bonds Cross-examined by Mr. Silva, air-conditioning system. sistent with ordinary business had been sold, as well as an ao Miss Morrison said that up to The great difference from, the practice I cannot recollect a case, knowledgment that $7.000 was die 1935 she knew that debtor was cool, comfortable ethosphere in nór Í think cản your Lordship, in to her. There was, however, & the pompadore of the bank. At side and the hot and sticky air which creditors have proved their substantial balance due to her. the time of issue of the writ, she outside is noticeable the moment debts in this extraordinary concerning which she telephoned had heard that he had left,
one steps within the doors, and lá fashion; and it can only be ex debtor various times at the bank. Mr, Siva: Did you know he a great inducement for one to plained by the fact, which, has In January 1936, stated witness, was interested in any other ven- linger over equally cool refresh- been admitted over and over she asked Chos för the balance (Continued on Page 10)
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