RUSSO ASIATIC APPEAL.
THE HONGKONG TELEGRAPH,
BAN ON CARS AT CAMBRIDGE.
DRASTIC ACTION AT THE
UNIVERSITY.
Undergraduates at Cambridge keen on motoring will have a shock on their arrival next term
Certain colleges have decided that for the academical year 1930- 1931, men in their second year shall not have motor vehicles, and that after next June no under graduate, unless in quite excep- tional circumstances, shall have in residence.
MONDAY, AUGUST 18, 1930:
"YOUNG JOHN AT THE QUEEN'S
(Continued from Page 6.) John, who again displayed reat- lessness.
"And what is your name laddle?" straight ahead.
"John," said the Cherub looking
"What's coming on now?" he ask- ed. I told him.
"What does "Montmartre Follies" mean?"
|
DISTILLERY CASE CONCLUDES.
FIVE HUNDRED DOLLAR FINE ON ONE CHARGE.
DECISION GIVEN,
(Continued from Page 1.) Itle reliance can be put upon state- ments of facts in pleadings. They ment. Mr. Jenkin, on behalf of may have been drawn up upon the London Creditors, sald "no wrong instructions, or they may
All principle liquidation.
are sometimes be an unintentional mis- branch liquidations," and Mr. Ala- representation of the facts placed baster, on behalf of the Official before Counsel. The whole of the Receiver, anid "Paris branch com evidence on the file, in my opinion, ploted liquidation." The learned not only does not support the con- Chief Justice in his judgment said tention but definitely rejects It. "It is stated in the petition...... As regards the further sugges that the head office of the bank was tion that this Court should, of its transferred to Paris in 1917 but own initiative, adjourn this appeal no evidenco has been placed before in order that Paris may be invited me... nor have I been able to discover any legal authority for the to appear with evidence in support permission to keep a motor while jooked around trying to convince ed on three counts. under the Dis-
of their being the head office, or to proceeding."
supply information on the subject, Notices are being posted in-. I am of opinion that it is not with-forming undergraduates and their in the duties of this Court to do so, parents or guardians of the new But the arguments put forward and the definite repudiation of any by Mr. Potter, on behalf of the connexion with the Eastern Group Shanghai Liquidators, were in- by the Paris office would justify us directly a repudiation of the sug-in not doing so. gestion that Paris was the head
Head Office Question,
"Ask Mr. Pumpkin.” planation I lighted a cigarette and And during the query and ex-
the people who were glancing our way that John really did come with Pumpkin,
well, and when the first item came They seemed to hit it off rather on John and Pumpkin were telling each other all about it.
regulations on the ground, that "the possession of motor-cars 07 motor-bicycles nearly always pre- vents undergraduates from mak- It appears to me that there haveing the best use of their resid- office. I again refer to the Judge's been no serious arguments against ence."
There were three girls on the notes on Mr. Potter's argument be the London creditors being allow- The notices state that the pre-stage doing some jazz dancing. fore him "Shanghai is the princi-ed to put in their proofs here, be sent restrictions with regard to "Why are they slapping their ple liquidation. I shall prove...yond the argument that Paris is the use of motor vehicles shall backsides 7" that (Far Eastern Group) is the head office. I therefore have henceforward apply to second j separate from London, St. Peters no reason to disagree with the find-year men as well as freshmen, and burg and Paris. Only solution of ing of the learned Chief Justice in after June, 1931, to all under- the problem is to treat Shanghai the Court below on this point. I graduates; that during next year ag head office."
therefore am in agreement the finding of the Court below and motor vehicles beyond the normal with there shall be no "late leaves" for am of opinion that this appeal should be dismissed with costs.
Ruling ns to Costs.
It is now argued on behalf of the Shanghai Liquidators that there is sufficient evidence on the file for this Court to find that Paris is the head office, and it is further Buggested that this Court, on its
I should like to add that in my own initiative. adjourns this hearopinion the creditors of the other ing and Invites the Paris branch branches of the Russo-Asiatic Bank' to place before this Court any in-have an equal right to put in proofs formation they may desire in order of their claims as regards the to support the suggestion that Paris Hongkong surplus. in the head office, and that the_sur- plus should be handed over to them.
-Other Grounds.
L
I am extremely doubtful whether the Shanghai Liquidators have any Locus standi to put in a plea for
hours, and that next year motors shall be kept in a public garage.
Breaches of these regulations will be regarded as very serious offences.
Pumpkin let that one go. I said "Shush".
Then a lady in black came on to slag something from "Carmen." "Why does she hold her dress,""
"So that she doesn't trip over it." "Then why does she have such a long dress?"
hold in her hand".
"Because she wants something to
The people behind tittered. When the male acrobatic dancer came on with a quick somersault Denmark is planning to 83- John became interested again. He tablish a special Government de-restrained himself until the dancer partment to educate people not to did the little Russian bit, and the With regard to the question of abuse alcohol. M. Larsen Ledet, house signified its approval. costs in the Court below, I am of a Danish member of the American opinion that the decisions in "New" | Anti-Saloon League, may be ap- V Bew"
(1899) 2 ch. 467, and pointed the first "Minister of "Harpham v Shacklock" 19 ch. D. Alcohol." The Socialist Govern. 215, prevent this Court from inter-ment claims that education in the fering with the discretion of the use of alcohol is better than pro-i
missed.
a party which has had an opporlearned judge in the Court below, hibition. tunity of being represented at both therefore the ruling as to costs in hearings but has refrained from doing so. I-am inclined to think it the Court below must stand and the is an argument that we need not have listened to as coming from the Shanghai
because Liquidators, what it comes to is this. The Shanghai Liquidators say "we ac cept the decision of the learned udge below against ourselves, but we do not like the London creditors touching the surplus, so we will Bay a good word for our Paris friend and see if that can step the London creditors putting in proofs and participating in the surplus."livered by my learned brother. I prefer to decide this case on other grounds.
appeal against that ruling be dis-intention to apply to this Court for It appears that a formal order an adjournment. At the hearing was not drawn up on the judgment their application was merely a in the Court below, but I consider suggestion to the Court that any that a formal order should be drawn distribution of the surplus under the Court below up on the judgment of this Court the order of and that that order should be ap-
should be referred pending the proved by a Judge of this Court.
ascertainment by the Court Ilis Lordship continued:-1 of the status and wishes of the agree generally with the judgment liquidator of the branch in Paris with respect to the local liquida- I have just read, and also with the judgment which is about to be de-
The Puisne Judge. Now what is the evidence on the
The judgment of the Puisne file that Paris is the head office? Judge, Mr. Justice J. R. Wood was First of all there is the creditor's as follows? petition dated September 28, 1920. These proceedings arise in con- of Mr. Au Fung-chow, who says innexion with the liquidation of the paragraph two that "the head of local branch of the Russo-Asiatic fice was transferred to Paris in Bank, a foreign corporation. After 1917." A bald statement with no-payment of the local creditors a thing to support it. Mr. Candlin's surplus remains in the hands of affidavit of March 22, 1927, para-the Officia! Liquidator, who has graph four-certain of the Dir- applied to the Court for directions, ectors escaped from Petrograd toas to its disposal. The Court Paris and assumed control of the directed that the liquidators of the branch of the bank in Paris and branch in Shanghai should be London." This statement is am- notified of the summons for direc- biguous and far from definite, as tions. They were represented at it may mean that some Directors the hearing of the summons. The assumed control of Paris and some fiquidator of the branch in of London. Mr. Candlin further London, who was permitted to re- says "the Hongkong branch has present creditors of the bank in never been managed or controlled London. was ♫ party to
that Paris is the head office.
the
tion, with liberty to apply to the Court for further directions. Further, they have contested none of the fundamental decisions in the judgment. Accepting the con- clusion that the bank has not been dissolved in its country of origin, they have also abandoned any sub- mission that this surplus should be transferred to themselves.
the
i
his
Decision, which was reserved last week, was given by Mr. Lind- sell at the Central Magistracy this morning in the case in which Sec Distillery of Aberdeen was charg To-yin, licensee of. the Ka Wa
tillery Ordinance.
The first accused, the licensee of the Distillery, of moving 30 duty-paid labels issued by the Re- jars of wine, sealed with the green venue Department, out of the Dis- tillery, delivering it to a retail shop at Queen's Street; and then falling to make the necessary official records required by the De- partment,
The second charge had to do with the removal from a licensed warehouse (a. distillery is classed as being also a warehouse for the purpose of the Ordinance) of these jars without a permit and [ without a corresponding entry. being made in the licensed Ware- house book.
+
The third charge was concerned with the removal of these sealed jars and the alleged failure of the licensee to account to the Super intendent of Imports and Exports for the green duty-paid labels which were found on the 30 jars.
Mr. H. A. Taylor was for the prosecution and Mr. D. L. Strel- lett defended.
"Why does he do that?" "Well he's trying to make up
His Worship accepted, as true mind whether to sit down or not." in every particular, the evidence
"Then why is everybody clap-given for the prosecution. ping?"
"Oh, they're trying to help him make up his mind."
"Do they want him to sit down?" "Some do and some don't, and
others want him to go on for ever."
•
Pumpkin was getting into his stride. When the Ballet came, on he excelled himself. John phot questions at him which, for the most part, he answered without a moment's reflection.
"How many can you see?"
"Two long ones.”
"There are three," I said. John looked at me with great contempt, and I kept quiet for the rest of the performance.
"What is that round thing for?" "That's a paper hoop like you see in the circus."
"Will anybody jump through it?" "Maybe somebody will,” When the lady was lowered and John discovered there were three, he looked at me again, this time half ashamed.
"Way does the lady go from one
you
Contradictory Contention. Having thus thrown over terms of their motion they never-man to the other?"
"When she was a girl she lost theless prosecute this appeal in order to submit to us here (as they her brother. This brother had a might have in the alternative sub-wart on his nose, so now she looks mitted in the Court below. but did at any man to see if he's got a wart not do so) that the liquidation in on his nose."
considered. John became very excited end- longkong must be ancillary to that in Paris, or, as I denly. "She's got red hair, Mr. understand them, failing Paris, Pumpkin, ehe's got red hair and then to the liquidation in some black eye-brows!" A pause, thea: other jurisdiction yet to be identi- "Has Clara Bow got black eye- fied.
brows too, Mr. Pumpkin 7" by the Paris branch," and Mr. proceedings. The Official Liquida- this submission being inconsistent don't
It was formally objected that "No, green laddie, green-and
let anybody tell Candlin represents the Shanghaitor adopted a neutral position. branch which is now suggesting It was admitted for the Shang-with and contradictory to their different."
"Yes, Mr. Pumpkin." I hai liquidators that the Russo-original contention is not here
"Why is he holding her so high Asiatic Bank, which had been in- available to the appellants (Ex P. corporated in Russia, had also Reddish 5, Ch. D 882). It was in the air?"
"So she can look over the hills Mr. Fleming, chartered accour been dissolved by State action in
their emphatic case put forward tant of Hongkong, states, in his Russia, that subsequently its.
by them at the trial that the to see if her brother is coming affidavit of January 17, 1927, that Directors had continued
opera- eastern branches had been inde-back". he has examined the books and re- tions of the bank in other places pendent of the branch in Paris. cords of the Hongkong branch is through branches which
Mr. Potter, for the appellants, has satisfied that neither Paris
nor formed into mutually independent argued that he is entitled to revise London "directed or controlled" but co-operative units. one of
his case in view of a new situation this branch.
which was a Far Eastern Group, which has arisen from the finding A letter, March 2, 1927, from the with the Shanghai branch as its by the learned Chief Justice-now Judicial Administrator in Paris head office, and, consequently, that accepted by alt parties-that the states: "Liquidation of the Russo-the proper disposal of this surplus bank's existence still continues in Asiatic Bank, Paris, is en-was its transfer to the liquidation Russia, which was a disputed issue tirely distinct from the liquidation assets in Shanghai, the liquidation that he has urged here, it was at the hearing. I do not agree. of the Far Eastern branches." "there being a principal liquida- This is an answer to a letter of tion, to which that in Hongkong open to him to urge below; but it Mr. Fleming, in which a suggest was ancillery. ion of co-ordination is thrown out between Hongkong and Paris, but Paris will have nothing to do with
+
Answer from Paris.
were
A Tortuous Course.
The London liquidator, merely, desired liberty to prove in Hong
Eastern
it and emphatically cut themselves adrift from branches.
the
Far
He held that the
did not suit his then contention' to. do so. The objection taken is, in my opinion, valid:
cited to us in which the Court has
"Look the other man has got the hoop." The hoop changed hands.
"Why did he give her the hoop?" "He doesn't want it any more."
$500 was imposed, the second be ing withdrawn and the third being dismissed.
On the first. charge, a fine of
STOWAWAYS FROM SINGAPORE.
SWATOW MEN TRYING TO GET HOME.
Eleven Chinese were charged be
fore Mr. Whyte Smith, at the Kow- loon Magistracy this morning, with having stowed away on the s.s. Hai Hing, a Norwegian steamer, which arrived at Hongkong from Singapore,
Detective Sergeant Humphries said the defendants mixed them- selves with the 700 passengers. They were discovered three days after the boat left Singapore. They are all natives of Swatow and were trying to get back to their
homes.
The Magistrate asked the Chief Engineer, Mr. Johansen, whether the defendunts had given any trouble on board, and was informed that they had given none at all. might think it worth while to serve a month in gaol in order to get if they were all sent back together?
The Magistrate:-Some of them
back home. Would it not be well:
Detective Sergeant Humphries agreed, and informed the Court that one of the defendants was 16 years of age.
The Magistrate imposed on each defendant a fine of $50, or one month's imprisonment.
EXCHANGE RATES.
Paris Brussels Amsterdam
"And why does she pass it to agen
the other man?"
"Because she wants to go and Vienna talk to the man without the hoop." Helsingfors
"What about?"
Lisbon "She is telling him where she Bucharest
have supper after the Buenos Aires.
Shanghai Yokohama The man with the hoop laid it
New York
wants to
show"
down reverently and John nodded New
Geneva
What
as if to say "That's right."
Berlin he actually said was: "They've Stockholm messed about with that hoop long Oslo
and he said it loud Prague
London, Aug. 17.
Athens Rio Bombay Hongkong Silver (spot and forward)
.123.87
-34.84 .12.08%
.92.97
.13.16%
.34.45 .193.7/16 .108.25 818
40.15/16
.1/6% .2/0.11/32
14.87 5/22
25.04 20.30
18.1214 18.16 164.3/16
45.90
•--875
.4.15/16
.1/5% .1/3.9/18
-British Wireless.
jumped through the hoop yet”, said "I say Mr. Pumpkin, nobody has John disappointedly.
"I think they have to save it for the next show,"
People had looked at us as we got out, and some smiled at John.
Motion Dismissed. Furthermore, any claim possible enough", konx claims of London creditors to the branch in Paris to be re-enough for several people to hear in respect of this surplus. In the cognised as a principle office in him. The Paris branch have had no- judgment here appealed from the this liquidation, has been nega- tice of the winding-up. procedings learned Chief Justice rejected the lived overwhelmingly by evidence of the bank in,Hongkong which contentions of the Shanghai
"Maybe she wants to go where we gave Paris an opportunity of say-liquidators.
already on record, whether the had tea," he continued. "Don't ing that they desired to be repre-bank had not been dissolved in matter is considered as governed they give you supper at the place sented, or of making any sugges- Russia, and that consequently, by situation in the country of you a jolly good supper there." "All by a history of actual control, or we had tea? I think they will give tion they chose. The only answer apart from the possibility of pro- origin, or by the course of action this looking at me very suggestive that Paris gave was to repudiate ceedings in Russia, of which the followed in the liquidation by the ly. Mercifully John's attention was any connexion with the Far East-Court had no notice, the local liquidating officers in different taken up again with a forward pass ern Group. It is true, as Mr. Potter liquidation was not ancillary in jurisdictions. No case has been on the stage, states, that they have received no character, but must proceed as a notice of the surplus, but as they principal liquidation with liberty have already stated that they are to foreign creditors to prove their "entirely distinct from the liquida- claims. A formal judgment was ton in the East" it is hardly to be delivered but no order was drawn expected that they could have turn- | up. -
From this judgment, the Shang- ed round and say "Oh, you have. got a surplus, have you? Well, we hai liquidators, here appeal. It are not so entirely distinct as we has been noticed that the motion
Pumpkin and I turned in without to be right; and it should, in 'my "He's giving her another look exchanging a word until he was thought we were." The Paris was in its inception out of order branch have never appeared in any by reason of its non-compliance opinion, he nrmed. If it does over the hills," said John.
about to put out the light and all of the proceedings and they have with sect. 174 of the Companies créditors to prove in the Hong- head and beamed his approval of young John." I grunted and turn- not suit the Interests of certain And Pumpkin patted him on the he said Was "A brightled, la not suggested that they should. Ordinance (Ordinance. No. 58 of kong liquidation, that is no reason the way the Cherub was picking up ed over.
1911); but this Court, has now granted the necessary extension why other creditors should be pre- the finer points of the act.
vented from doing so. Justice will I have now dealt with the evi- of time.
"He is looking up at her now." be done. dence on the file, as regards the The motion of appeal set out
"Yes, he is saying: You really argument that Paris is the head clear issues, but in proceeding concur in the judgment already de- beginning to hurt"
For these various reasons, I must come down now, my arms are office, except statements rande in upon it, the appellants have livered. This appeal cannot auc- The people on the stage fell in certain pleadings in an action which followed was withdrawn by mutual consent course. Before the hearing they ceed. The motion must be dis-line and began to do a sort of goose of the parties. I consider that lit-announced to the respondents an
step off.
Views on Adjournment.
pronounced a liquidation of a to the other man?"
"Why does that man throw her branch to be ancillary, unless to a
"She" must have suggested too liquidation conducted in the coun- expensive a place to have supper at. try of origin of the Corporation. "Why does he turn her over and Sir Hetry Gollan. C.J. upon the. "He is saying: "You've thrown With respect, the judgment of look at the other man like that?" merits in this matter seems to me her the wrong way up."">
almost tortuous an
missed with costs.
Altogether a terrible evening. I left John at Aunt Mary's, had some- thing to eat In Town and then went home.
Pumpkin told me the next morn- ing, while Ah Ching served his apology for a breakfast, that he woke up in the middle of the night and heard me struggling with the bedclothes and protesting that Clara Bow had green eye-brows.
DING-BAT.
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