ARCHITECT AND RUSSO-ASIATIC
P.W.D. DELAYS.
DELIVERY OF CHIT QUESTIONED.
FIREPROOF ISSUE.
BANK FUNDS.
THE
HONGKONG
TELEGRAPH.
WEDNESDAY, SEPTEMBER 9, 1931.
PHILIPPINES.
SZE YAP APPEAL SUCCEEDS.
PLANE MISHAP IN
SHANGHAI APPEAL
NOTICE OF MEETING INADEQUATE.
DISMISSED.
CHINESE PASSENGER LOSES ARM.
| ABSURD ARGUMENT | DOG FIGHT SIMILE.of the aeroplane "Taal," lost his
Judgment in the Russo-Axin- tic Bank appeal case, which was heard some time ago, before Sir Peter Grain (President), Sir Joseph Kemp and Mr. Justice Lindsell, in the Full Court of Appeal, was delivered this morn- ining, the appeal being dismissed
with costs.
The question of the delivery or non-delivery of a chit from the Building Authority to a lo- main cal architect formed the inue in a summons brought, be- fore Mr. Schofield at the Central Polico Court this morning. against Kwong Wing-yue, charge of building operations at 348, Queen's Road Central, who was summoned for failing to use fireproof material in the con- struction of the staircase,
The defendant said his architect submitted a plan on Juse 20, it work was not commenced August G. They waited for al permit from
Building the Authority, but were later fold by the architerf to carry on with the work..
by Sir
With the whole Court of three judges agreeing that the notice calling a
the
Bollo, Sept. G. Teh Le-kim, a Chinese passenger
right arm and is now, confined in the hospital following an accident when the plane alighted un Guimaras Strait last Friday after-
to
Teh Lekin, who came to Hollo from Manila un business, took the
return Manila the following day to meet plan expecting to his wife who was arriving from Shanghai.
According to the investigation, the Chinese passenger attempted to leave the plate while the motor was going and his arm was caught by the whirling propeller. was immediately taken to the hos
where Dav
wwd..
rerent confirmatory | noon, meeting of shareholders of the Sze Yap Steamship Company was bad, and the resolutions passed at that meeting were in vailid, the appeal lodged by cer tain Directors against the Com- Detalls of the case, together with pany was this morning allowed
by the Full Court, with costs. the pravedings, are contained in
Originally the trint judge held the Judgment of Sir Peter Grain, which was read
Joseph that meetings held on July 8 Komp. The judgment stated:On
and July
connected with those meet-pital April 24th, 1931, certain Shanghai tons cet ar 1), and the resah
the Russo-Asiatle
ings were validly held and creditors of
passed, amputated. Bank, namely, Sumitomo Bank. The Fall Court, presided over bý titaubishi Bank, Bank
of Tal-Sir Peter Grain, assisted the wan, Bank of Clusen, Mutui Bank,
Chief Justice (Sir Joseph Yue Fah, Yaru Kong, lse Finag- and the Acting Pasine Judge (Mr. yung, Bango Franco Chinole, Justice R. E. Lindselly, reversed Italian Bank for Chinn, Neder-Justice
this decision. landsche linche Handelsbank, Me. Hiest, Overseer is! the Mercantile Bank of
Jean of India, Public Works Department, said Louis de Zutter and Shigen Mat- that on June 25 a plan was stilizumote, took out a summons before mitled to retiew Ete stairs of the the Chief Justice to admit their building and a better was sent on
preferential elaciones July 22 stathug that the stairs had
10 preferential to be of fre-resisting material, the
ment
the iz
ti- Bongkung being approa plan
quidation of The Russo- Asiatis premises were Hospieded an August Bank, At the hearing on May 8, 26 and the work found to husy" 1904, an adjournment for three been completed with wend. The tin was also asked for, on the lester wad seal on July 1, wition | pround that the applicates had no the 28 dage Ins!
material on which to Ordinance.
36265
The
in the
fami
Claims Rejected.
-
tlin
Tu etsimon of Harm erenlitors to Torak na preferential creditors the Honylong quidation was ported by the Hongkong Uthe lads Rereiser and Liquidator on April 25AN BAL
two
|
Mr. F. C. denkin and Mr. bro Almuda,
jun.. instructed by Mr. Le D'Almada, Sen. were for the appellants, and Mr. H, G. Sheldon instructed by Mr. F. X, D'Almada Sen, for the respondents,
1
ENGLISH TENNIS
VICTORY.
WINS OVER FRANCE AND AMERICA.
He
WAR
Philatelydda, Sept. 1. Winning all three matches, the Sir Peter Grain was not present tailed States made a clean sweep for the reading of the judgments of toulay's session of the the Supreme Court this monatal ennis tourney. Jing, and his findings were rend by
Mr. Justice Lindself.
The Judgment.
inter-
George Loft defeated George Hughes of England, 4-4, 8.6.
Ellsworth Vines, Natural Californian, defeated Christian fe the course of the julgiment
Bossus ut Frances, 8-3, 4-6, 6-2. he waid that the original pranvas-
Lett and Vibes defeated Hughes fings begann be an application and Fred Perry of Rugland 6-4,
Deball of the Sze Yan Stem find.
-for
to
Lanmanent to lesse andl Lave countries three entitpasting
England, 1. Cuiled States, # France, 2.
Architect's Evidenec
Mr. J. S. Glean, an hitert, and
ship Co. Jad.. turn the plain- The 1ks Fer Brought the defendant was the agent the owner and at so the contate for
restrain 1 present appellant A plan
amhnáttend to the
| orient 12 de opdants Building Authority wa June 25.
dealing with the funds, wing the the following final match score: In about a
month' dependant
Pal and ofherwise interferiny $11 andard withese it the plan had been On bestring Die parties on May the management of the Company approved, he was told Stad noth, the Euet Justice made ewhich was granteda, The pl reply had been received from the order refuume the Appliation for ants were the original Directors Buildin Authorites and on
were aske i when they received them, apment, and upholding the Eat the Company.
Later the issues were enlarged which was of little assistance as next month, he again went to the and Laudator in his retosal
fee
and was given a similar admit the claims of the said credi, Acting Chief Justice Mr. Justier appelinats had called no evidence ture to rank as preferential claims J. R. Wood, when he had to decide to show that they were not served I was feet 1l that he ecitalst
in the Hongkong liquidation. By whether the meetings held repre- the work, "
on July 17, and therefore he must Commence
the somewhat neagre have authority to do that under the notice of Appeal dated May lively on July 8th, and July 24th.cept' Soc.
922," added Mr. Gibson.
ist, the appellants apprated again 1930, and the resolutions connect-evidence thing they were served on
es meetings with these
them seven doly 17. which gave were Continuing Mr. Gibson said be the decision refusing an adjourn had searched
zotice. find no trace of any letter ever having he received from the Building: Authority. it might have gone astray in transit
heen Bad
an adverse received from the Building Au-
Mr. thority.
Con. salit amended plan would Java Tees submitted immediately.
any case it was a frivind job and was a violation of either Die not. Building
Authority's
Fire Regulations. It was only making
better job of the house.
subsequent derasions, during the deerspois of the Okial Recriver (od the case heard before the to the date they were sent ouf, The
1 bis regards bat euskal numt, and the decision refusing to validly held and validly passed. 19he next point to consider was
reply
In
ALT
་་་་
In reply to his Worship Mr. Best snid the letter was sent by chit coolie and he could prufuer the hook as well as the confie,
201
-
for
Peter Grain, af
allow the appellauts to rank ns pre-fe found they were, ferential Prestitors in the Hongkong
Sir
after reviewing whether the notices were good.
The police states that “at a ape- liquidation. But the only ground the subsequent history of the eine, of appeal taken before this Court festerring to the stormy meetings cial general meeting of the whole was the refusal to gran
held, and of the resolutions put telus of shareholders... on the 8th journment.
The meetings, said that he was of of July for
or considering eight flems The
the opinion that all the resolutions of matter mentioned in the requlsi- asked gdjournment orisinally was three months in or were duly and properly passed, tion the various shareholders der that material for the purpose amí, subject to confirmation, were at that time unanimously agreed of supporting the appellants claim salil resolutions.
to the adoption of all the Resolu- 121 ns preferential creditors the
tions" and it goes on to state that Hongkong liquidation, might b
the shareholders are requested to obtained.
confirm on July 24. Much resolu- The re- tions previously adopted". solutions are not set out in this notice.
Only One Point. More than three months has elapsed and it appears that no miterini tor argument that has yet been obtained. The only question for this Court to deter Mr. Rest With regard to the mine is whether the learned Chief
trivial after being a
Justice was right in refusing should like a draw your attention adjournment.
Not Trivial
VIK,
Question of Notice.
He then came to the notice of the confirmatory meeting. Was the mooling duly convened The | Companies Ordinance required that seven days retire, exclusive of the day of service, must be given for such meeting. The appellants alleged that seven days netice was not given,
There was very little evidence In the ordinary at the trial as to the service of notices: in Tart, both parties
le Sec. 121, sub-sec, 5. People an Ecourse of the procedure the reas the second or would be cut affsons for the refusal of the adjourn-appeared to have been somewhat
mert do not appear.
rase.
by fire in any non-fireproof stair Mr. Gon: The stairs have been improved, your Worship. It takes the Building Authority days to observe this post.
"His Worship to Mr. Besta: 27 days seems rather long.
Mr. Rest You," your Worship. I can't say anything further on that.
His Worship: Is there a great pressure of work in the othee?
Sa
The re-indifferent to that point, mains for me to decide whether the evidence on which they had to facts placed before the learned rely was, first, that of the printer Chief Justice in the course of the of the notices, Tan Cheung shek. argument justified him in the who stated that he delivered the course he took.
are notice to Kan Hok-lu
These facts
.
There seems no doubt that the notice of the confirmatory meeting should specify in some way the re solution which this uecting is ask- ed to confirm.
- Form of Resolutions. In fact, Palmer's Company Pres cendents Form 440, sets out in the Porn all resolutions to be passed.
On 1 half of the respondents, it
is urged that although the resolu tions are not set out, all that is required is that the shareholders should have fair notice of what they are being called upon to confirm to be obtained from the Judge's 14th at about noon. But Kau and that this they had got in their notes. which are very full adok-tui was not asked any ques possession or could emaily obtain Ivory clear.
fion about the service of the fram the previous Requisition notices by either party. But they Notice which routained all the Re-- had the fact that the company solutions set out.
And the learned Judge in the had the notices ready for ser vive their possession on Court below found "This second July 14. The notices were dated notice referred each shareholder July 17, and IL copy of the an immediately available and notice appeared in the Press complete record of information and en July 17, which must have been by so doing fulfilled the requisites sent to the newspaper on July 16. of ane notice for any meeting".
Notice Nut Fair. Mengre Evidence.
There have been many attempts of creditors in other places. to participate in the Hongkong assets of the liquidation.
Mr. Best replied that there was, particularly as Mr. J. Bottomley, the engineer concerned. was in charge of the shule Colony. There was great pressure of wort; made on the Praya Est.
Many Alfemple.
On January 17, 1928, the Ching
On June 13. 1927. an order was to pay the Hongkong creditors in full and the surplus Mr. Gibson don't recognise into the Companies Liquidation
I am not in agreement with these Mr. Bottomley. I recaise the nerount,
when None of the witnesses appeared | propositions becaUISE Building Authority only. I don't
liquidators applied to have the to have been asked when the con- Ponies to compare the resolutions
to be confirmed they differ recognise Mr. Baitomley or slangkong surplus paid to the firmatory meeting notices were body else.
Ils Worship: The complainant liquidators in Shanghai or Peking, served or by whom, although some siderably from those set out in the
Requisition. is Mr. Best; you have to recognise This application was dismissed.
(Continued on Next Column.) him.
amended
His Worship pointed out the
the requirements of Ordinance and asked, in-view of the regulations passed in 1930. how it was that the plans showed hard wood.
An Anomaly.
On May 10, 1928, the China liquidators sued for a declaration that
they were entitled to the Hougkong surplus. The Oncial them to say that on May 8, 1981. Receiver and liquidators in Hong- they had no material on which to kong obtained leave to defend and argue the facts, the China liquidators discontinued ahsuri. the action.
seems to
It may be that they had no new On November 29, 1928. the material and could and none on Oficial Receiver asked for direc which to argue the point, and now Mr. Gibson:It's an anomaly.tions re possible cinim by the head after three months have elapsed, The Building Authority insist on ofce in Rassin, and the Shanghai (the adjournment asked for), they fireproof partitions for stairs, but liquidators appeared and were still have no material on which to they actually allow en demand Reard, and pressed for the Hong-argue. that two-inch wooden doors be placed at the top of the staircase.kong surplus, on the ground that Shunghaf were the principal
Is a two-inch wooden door re-liquidators. They were refused. proof7 Never! Hord wooden
doors should be steel doors.
are inflammable. They
s Worship pointed out that it
Absurd Argument,
Appen Dismissed..
I am of opinion that the learncil Chief Justleo was justified in refusing the adjournment and that
оле
con-
in the Requisition (No. 2) there was an alternative as to the removal of Directors, but the resolution car- ried was to remove all.
Sir Peter concluded by saying
I am of the opinion that the notice calling the confirmatory meeting was a bad notice as it did not give a shareholder fair notice as to what he would be called upon to confirm
nt that meeting, and the notice of the confirmatory meeting being out of order, the resolutions passed at. that meeting are invalid.
Dog Fight Simile.
meetings in
Sir Joseph Kemp and Mr. Jus tice Lindsell, in written judgments, concurred with this decision, the acting Tulano Judge, commenting the following terms:- Sir Joseph Kemp added:-For As to exactly what happened during the time that LI my part, I may say that I concur.
the Ju-tong
chair. Mr. Justice Lindsell also con-
accupied there я not unnaturally curred.
Mr. F. C. Jonkin, instructed by sharp conflict of evidence. The appellants must have known Menara. Johnson, Stokes
certainly emerges; there was up- and of the Hongkong surplus in May, Master : represented respondent. roar and confusion. One might na 127. They have been repeatedly (the Official Receiver), while Mr. well expect to get a clear account by of such a meeting as of the details connected with applications con-H. G. Sheldon, Instructed
Deacons was corning the Hongkong surplus Messrs.
for the and sequence of events of a dog since that dato. Therefore, for Chinese liquidators (appellante).
fight.
Опа
On May 12, 1980, Shunghai this appeni should be dismissed on the rowdiness displayed at the liquidators appealed against this with costs. was the staircase that was object-decision and argued that the ed to.
"Mr. Gibson:If there had been surplus should go to Paris. Appen done according to the plan, defen-dismissed. Leave to Appeal to dant has not violated the principle Privy Council granted, but appent
not proceeded with. of fireproof staircases when you have two-inch wooden door. Therefore ko has not violated the Ordinanco in principle.
The summons was adjourned for one week for evidence of delivery of the chit.
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and
SUICIDE OF NOTED ENGINEER.
་
SIR THOMAS STANTON FOUND DEAD.
London, Aug. 31.
A tiny bungalow taken at Peven- sey Bay, Sussex. By Sir Thomas Stanton, the well-known civil and mechanical engineer, for a holiday with his family, was utilised to-day for an inquest on Sir Thomas, whose borly, clad in pyjamas, was He found on the bench yesterday. was 65 years of age.
The evidence showed that he had been depreased by a surgical opera- tion and the prospects of another. a verdict of auicide Recording while of unsound mind, the coroner expressed the opinion that the de- censed had wandered from his bun- low under the influence of sleep- ing druge.
08
Educated at the Atherstone Gram- mar School and at Owens College, Manchester, the deceased started his career & demonstrator In the Whitworth Laboratory of the colloge.
ore. He was the author of dealing with Raveral publications heat transmission, wind pressure, the fatigue materials, and fluid motion. He was married and had two children. He received his knighthood in 1028.
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