INICIAL
SCOTCH WHI39)
Do
HALD BROK
MIRNCALDY
ANCHOR BRAND
THE HONGKONG TELEGRAPH.
TUESDAY, SEPTEMBER 8, 1925.
REFUSAL TO PAY RATES.
NAVAL BOXING.
PROPERTY SALES.
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HAWKINS VERSUS HERMES ON SATURDAY.'
M. Y. SAN HOLDING BRINGS $523,000.
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The hearing was resumed at H. M. Supreme Court yesterday morn ing, before His Honour Acting Judge, Mr. G. W. King, in the claim of the Shanghai Municipal Council against Mr. L. K. Kent- well, the barrister, for $128.62 for taxes in connection with certain lots of land in Shanghai of which he, the defendant, is the registered
owner.
Success of the Flagship.
A Cheap Lot.
The Auction Rooms of Mr. An Inter-ship contest, which aroused great enthusiasm in the E.V.M.R, de Souza was packed Fleet, was staged on the flying to overflowing yesterday after- deck of HIM.S. Hermes on Saturnoon, when the I. Y. San holding, MARINE ROPE day night, when seven of the ten fronting Queen's Road Central. fights on the programme went in favour of H.M.S. Hawkins, which ship appears to be a strong contes. tant for championship honours during the forthcoming season.
It was a matter of regret to both ships that the confidential nature of the Herme's flying deck When the case was first brought did not allow of invitations being up Mr. Kentwell informed the issued to the public, and we are Court that he had refrained from indebted to Lieut. Commdr. R. R. paying the rates in question be Lyle for the receipt of the results cause he had been instructed by which follow. the beneficial owners of the land
to withhold payment until Chinese The first named of each pair are had received the right of repte-of H.MS, Hawkins and the second
of H.MS, Hermes.,
sentation on the Council.
was sold by order, of the trans- ferees of the mortgage, and al- though some brisk bidding onsued, the property was knocked down than half its assessed value. for $523,000 which is little more
This Property consists of: Inland Lot No. 23. together buildings thereon with the known as Nos. 92, 94, 96, 98, 100, 102 and 104. Queen's Road Central Nos. 3, 4 and 6 Cochrane Street and Nos. 43, 45, 47, and 49 Stanley Street. The property is held for the unexpired residue of the term of 924 years from the 26th June 1918 Annual Crown Rent £39-6-) 11, Area about 10,831 square
Flyweight. -Able Seaman Haugh (7.12.) defeated Boy feet. Curtis (7.4) who gave up in the second round.
Mr, Maitland, legal adviser to the Council, conducted the prose- cution which, the defendant in an affidavit he put into Court, alleged
Bantam Weight-Marine Dohorty to have been unnecessarily institut ed because of personal differences (8.2.) defeated Supply Asst. Brad- Between him and the legal adviser,ley (8.6.) after an extra.round. Mr. Mailand, on commenting on this affidavit, informed the Court that he intended to take no no tice of the things that had beer said about him by the defendant, and that the prosecution was mere matter of routine which he had been instructed to follow.
a
Mr. Ernest Lee Allen, Commis sioner of Revenue, a department of the Shanghai. Municipal Coun- cil, gave evidence of defendant's indebtedness which was not denied by the defence as regards taxes
lue.
Stoker Lee Featherweight, (8.12.) defeated Marine Mills (8.12.) and Able Seaman Castle (8.10.) defeated Able Seaman Gardner (8.12.)
ویر
Mr. Souza announced that the opening price would be $450,000 and that bids of not less than
be would
acceptable. $1,000 From this point $1,000 raises càme rapidly until 3470,000 was reach. ed when a slight lull occurred. after which bidding 'was renewed rapidity. with even greater Steadily mounting there was no hesitation to $521,000, topped after] Seaman a slight interval by" another in- crease, which was immediately replied to by yet one more bid which closed the sale, the pro- perty being knocked down to the and Welterweight. Able Seaman Honour Land Investment
Able Agency Company Ltd., acting on behalf of Mr. Leung, Chan-shi for! Jackson (10.4.) defeated
$523,000. Seaman Ewin (10.6.)
Middleweight-Able. Seaman Mills (11.6.) was defeated by Able Seaman Cole (10.8.) und Able Sea man, Pearce (11.2) was defeated
Lightweight. — Able Faulkner (9.10.) defeated Able Seaman Jalley (9.0.) and Stoker Murrell (19.10.) was defeated by Log. Seaman Baker (9.10.)
·
The circumstances which led up
Witness explained to the Court
to the disposal of this valuable that an special example was being
property were the business diffi- culties of the old established M. Y. made in Mr. Kentwell's case, and,
Sun Co., consequent upon the In- when cross-examined by the de-by Able Seaman Miller (114)
Light Heavyweight-Chief, Yeo-Lability of the directors to carry fendant, replied that if taxes were overdue and letters asking for pay-man Allen (11.10.) defented Stoker on in face of the prevailing condi- ment did not result in a remittance Addison (12.6.) to the Council, prosecution follow- ed as a matter of usual procedure.
His Honour referral to the action of Mr. Kentwell, in asking that the affidavit he put into This aff- Court be read aloud. davit, said His Lordship, contain- er, certain statements against, a member of the British bar which he. His Honour, as a member also He did regretted to see made. not think it was the proper pro- cedure for any lawyer to ask that such statements be read in open Court. It was a question of pro- fessional etiquette.
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tions. Meetings of the sharehol ders were held to consider a re- Bouta were of three rounds, two solution for the voluntary wind minutes, two minutes, and threeing up of the business and a plan minutes, under Imperial Services was put forward which had as its
basis the re-adjustment of the " Buxing Assication Rules,
situation under improving condi tions. It was found impossible however for the officials, of the company to clear of the mortgage stated on good au- which was thority to be approximately $470-|
to pay taxes because they had been instructed by others Interested in that land. What would the Council do if all the others said they were merely bare trustees?
000.
Yet another plan was tried, in Mr. Kentwell then testified from the. witness box that he had no the collection of a percentage sub- desire to evade a legal responsi-scription from the shareholders, bility either in paying taxes or in but without success and in con- the liquidation of any other sequence the company has been liabilities. He had to carry out forced into liquidation, the affairs the instructions of others who had being placed in the hands of personal views of their own regard-Messrs. Lau Yuk-wan, Wong Siu- ing Chinese representation on the leang and Ng Wai-chee. Council. ол
Following Instrutions. Defendant admitted he re- cognized the delicate position in which His Honour was placed, and referred to his reliance British law to help him win the case, as this law distinctly stated thut a registered owner could not pay taxes without the consent of the beneficial owners.
Mr.
informed Kentwell Court that it was not a question of money but of instruction from the beneficial owners.
the
Mr. "Kentwell: The money 15 48.safe. In oy bands as it is in the Bank of England.
Mr. King: The Council have proved you are the registered owner and, therefore, the taxes must be paid.
Mr. Kentwell: If necessary can produce now one of the bene- Belal owners to express his views on the mutter.
What Would Happen.
Mr. King: But don't you see, Mr. Kentwell; you would have chaqs if all owners of land refused
FRECKLES AND HIS FRIENDS
Judgment Given.
After lengthy argument concern- ing the rights of registered as against beneficial owners, and trenchant remarks by His Lordship on Counsel not keeping their grievances to themselves instead of airing them in Court, Mr. Maitland naked Mr. Kentwell what he would do if he, defendant, were instructed to issue a writ against anyone.
Mr. Kentwell: I would use dis- cretion and courtesy. ̈ ́
After commenting on the defence put forward, His Honour, said he had no desire to discuss Chinese representation on the Council, but that it did seem to him that the defence was based purely on politi cal. opinion. As regards the in- debtedness to the Council that was due and there was an end to the matter.
The
Wyndham Street Lot Sold. There was another reperty sale, at the auction rooms. of Mr. A. G. da Rocha, yesterday afternoon,) when Nos. 18 and 20 Wyndham Street situate on Subsectión 1 and! property of section H of Inland Lot No: 617 were sold. comprises an area of 3,133 square of the property in feet and the Crown Rent payable in respect $21.92.
There was a large attendance and the bidding was brisk from the commencement, the property finally being knocked down at the price of $45,000. The upset price was $36,000 and by bid of $1,000 and $500 the price soun rose. The purchaser was Mr. Wong Hing, of the Yan Kee Bank of Queen's Road.
HE: Do you know that I'm something of a mind-reader? Sho: Judgment with coats was given Oh? Then why do you sit at the
other end of the settee? for the Council.
.HONEST
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