THURSDAY, APRIL 20, 1911,
PARTNERSHIP ‘ORDINANCE.
The accompanying Dill embodies the views expressed in this memorandum.
Chinese Customs Provided For, | Registration in voluntary but partners who
do not register azowabject to the unlimited
The principles of the now -Billars ensopti.
reading of a Dill entitled An Ordinance lly different, from the principles of the to establish Registerell Partnerships and Limited Partnership Act, 1907, which limits to give offect to certain Chinese Partner-thaliobility of stooping partners and which, ship Customs at a meeting of the Legisla some day, it may be necessary to introduce
vo Council this afternoon.]*-
to the Colony; but as far as it has been Hon. Colonial Sucretary seconded and prcticable to do so the Bill is modelled on the Bill was rend a first time.
that Act.
The present partnership law, codified in, Ordinance, No. 1 of 1607, is habitanily evaded by respectable and responsible members of the Chiness mercantile com munity because it runs counter to the wasential charmoteristics of Chinese part nership. In deciding a case under that Ordinanca the Chief Justice' said :-** This | is an Ordinance passed in 1897 by the local Legislature, and I can only hold, there boingno reference from end to end to Chinese
·oustoms, that it was the deliberate intention
J.
LEGISLATIVE COUNCIL
Hi Excellency Sir Frederick Lugard presided at the meeting of the Legislative Comell hold this afternoon. There were also present fr
Hon. Mr C. CLEMENTI, Acting Colonial Secretary.
1.
Hon Mr C. G. ALABASTER, Acting Attorney General,
Hon. Mr A. M. Trosmos, Colonial
Hon. MW. CHATILAM, C.M.G., Director of Public Works,
Hon. Mr A. W. BREWIN, Registrar General.
to ignore the Chinese customs of partner. | Treasurer, g ship. Whether this was wisa or unwise in not for the to say.. But 1 mist point out) to the Government the estrema danger i of reproducing English legislation bodily into the Colonial Stafute Book 'without at least considering the question how it may effect the customs of the large body of -Chinese who are legislated for."
L
The chief characteristics of the present partnership law are the unlimited liability "of "onchi, partner for the debts of the firm. direndimusinskinausal the porkustahiji upan nhậ death or bankruptcy of any partner, and the light tog humbur of partners.
The chief characteristics of a Chinese partnership are
(1) Each partner is linble to pay out of his-private property only aich proportion of a partnership, debt as his share bears to the total of the shares of all the partners. But the partnership as a whole may be
sued for the whole debt.
(2.) Partnerships do not causa te an und on the death of a partner, but the dérensed
partner's sons aro admitted as partners and their father's share is sometimes divided between then and soutinien routing intact under the father's ang name, the Interest being divided among the sons.
(3.) Fiems may take shares in other firma and there is no limit to the number -of persons who may become partners.
(4.) Shares are frequently held in names, names invented by the individual partner for the purpose of holding property and, not infrequently, also for the purpose of concealing his identity from the gehem public.
(5.) Beforen dividend is paid out of profits interest on capital, usually at the rate of 10 per cent par annum, is mid-to-the partners who have subscribed it.
(6.) Many firme lava, in alition to the partner subscribing capital, a hung kử or rod shareholder, a person, usually the promoter or manager, who is riven a share though he subscribus no capital. He gets -to interest on 'pspital but he shares with the partners the surplus after interest on capital has been mid Fe is not, moreover, liable for the debts of the-firm
Hon. Dr.
K.
RAILWAY EXPENDITURE,
His Excalletity the Governor moved at mesting of the Izglalatiye Concil this
8412,001.00 be advanced out of funds in
It is heroby resolved that a sum-ot.j
the custasty of the Governaut for the construction of the Kowloon Canton mil way, British section, during the your 1911."
THE
CHINA MAIL.
WIRELESS
Commercial Community Destro.
--Installation.
this afternoon Han, Mr A. Howolt asked the following question standing in his name ---
At a meeting of thu, Degislative Council
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With regard to the installation and nga opemtion of 'n station for wireless- tule- His Excellency sail that was the fourthigraphy in this Colony, and in view of the successive year that he had risen to make fact that the commercial community is as nasual statement of the progress and becoming rustless at the apparent innction cost of the railway. The cost of that of this Government, will the Government undertaking was very large in proportion Fatate dinitely what steps it may be pré- to the revenue and he hoped that thepared to take to furnish what is now an Couhe proposed to adopt would moet absolute necessity for a Colony, the greatest with the wishes of the Council and the part of whose trade and life le connettel community outside, sad that was to discuss with shipping 7" Resident Engineer was on the table and correspondence on this subject is of a that resolution. The report of the Chief,
Hon. Colonial Secretary said. The he would deal with wich items he appeared confidential nature, but the Honoumble to require explanation The estimated Mombor may be assured that there has interest on the capital sum during on the part of this Government. So long ago total cost of the milway including the
boon no. inaction or lack of initiative on struation was last fit put at $12,371,490,- while the total cast now appeared n
As the end of 1000 His Excellency, the 212,296,920 to complete the railway, That Governer tools steps to investigate the showed a decrease, on the total estimat question in conjunction with Vice-Admilial ed cost of $74,696 and out of that Sir Hodworth Lambton "and appointed a estimated decrease they must pay for a
small Committee consisting of Naral and projected lina from Fan Lin to Shan-tau-Military experta and the then Acting kok. The first item was under the heading F. H. May as Chairman, to report as Director of Public Works, with Sir of construction, coaching, waggon and full-
to the best site in the Colony for ing stock. From that $181,044 they must wireless station, the cost and other hat dedost $91,000 which was part of the cost ters. The report of the Committee was The Kingdom of Slender Swords, by Hallie of the Fan Ling railway. The incrosse in the forwarded to the Secretary of Stato with Erminio Rives.
Freeltenes Hon. Attonier. Guneral moved the first way swtz Was in order to meet the re- March 1st. 1010 and there has-been an: The Camera Fiend, by E. W. Hornung
A p Akmens marinuous on | The Con of Chruc, by John Oxenhuni, when it was connected through to Canton since that date. There and really two The Master Wit, by May Wynne quirements of the two sections of the milway intarhange of confidential correspondence The Patrician, by John Galsworthy He mentioned that point as it was agreed sante questions involved, vis: the Therie's Way, by Morley Roberts.. that each section should find its own rolling advisability of establishing a high-power Revelations of the Secret Service, by Wil- stock in proportion to its mileage.
station, and the propond to establish a short distance station of low-power. On the fortior question no decision will reebed until after the Imparial Conference which meets next month in London, for it is obvious that questions affecting many Colonies are in A Lady of the Gartor, by Frank Hamel is understood that His Majesty's Govern The Pearl Necklace, by Arthur Applin. volved. As regards the latter question it Where Truth Lios, by O. Madox Hueffer.
certain antural difficulties which are be- Passers-By, by Anthony Partridge munthare already come to a decision, but A Splendid Hazard, by Harold Phillpotat
temporary delay s
dus ta Demeter's Daughter, by Eden loved to exist in Hongkong and it has been The Tyranny of Honour by Constantine necessary to defer for a short time the
Scaramanga Ralli, collones, has been in telegraphic com- final conclusion of the matter. His Ex-All the World Wondered, by Leonard munication with the Homs Government on the subject for some time past.
Hon. Mr H. E. Potock, M.C. Hon. Mr WK Yux, C.M.G. Hon Mr E A. HEWETT. Hon. Mr H. KESWICK. Hon. Mr E O DORNE
L
Mr R: Chorra (Clark of Councils).
LA TUR STAMP OIDINANCE...n
1901.
runding of a Bill entitled An Ordinance to further amend the Stamp Ordinance, Hen. Colonial Secretary seconded and the bill was rod & first time.
This Bill introduces a provising of the Imperial Act (section 108 of the Stamp Act 1801) which it has been found desirable to make part of the law of the Colony.
FLOGGING.
reading of a Bill entitled An Ordinance to Hon. Attomey, General movil the first amend the Flogging Ordinance, 1903.
Hou. Colonial Secretary seconded and the bill was read a first time.
of
This Bill has been submitted to and tied by the Secretary of State for the birch in the case of ofences against the Colonies. It authorises the indiction
1865 which deal with kidnapping in its most serious forms, and it authorises the infliction of the "cat" in cases which fall within the section of Ordinance No. 5.cf 1885 dealing with rubbory with violence.
the two sections of Ordinance No. 2 of
ORDINANCES CORRECTED:
reading of a Bill entitled An Ordinance Hon. Attorney General moved the Erst tu correct contain references to previous Ordinances contained in the Ordinances passed in the years 1909 and 1903,
Hon. Colmial Secretary seconded and the bill was read a first time.
MAY OFFENCES.
Hon. Attorney General moved the fratrending of a Bill entitled An Ordinance to farther amend the Summary Oliences Ordinance, 1845.
They would see there was a sum of $101,567, which land been written off for depreciation or realization for plant requir ed during construction. That was to say the total net cost of the rolling stock and plant required this year was 8211,395. struction plant for depreciation and $100,961 had been written off con- realisation of plant during the-year and the net coat was 2211,995 and not my it had been increased by $100,001 as it was last year 8101,884. That was to Stores and alores suspense totalled 2113,336 hich might be used for extension and to and that-sum covered a quantity of storca provide erdings and spares for the-line when completed,
the several items and said that the total His Excellency-dealt exhaustively-with cost of the railway therefore stood at $14,204,929 and that was, mughly, about the amount of loan which the Colony lent to
Ex
SPORTING,
Hongkong Cricket League
SHIELD WISSELS . The Rest.
In this nutch fized for Saturday, the
Billards.
PITT. GRANY,
way. The remainder was in the course of Cape Addison, R.E.; Lieut. Williams, to Viceroy Woo Chan, half of which had R. and Dept. team will be Lt. Col. already been and spent on the rail-Stacpole, P.D.; Sinjor Taylor, A.S.C.; repayment by annual instalments daring A.Ş.C. the next ave years. Since the line and Gregor. R.E.; Corp Taremot, R.E Ber. Foster Fogg, Corpt. Me been opened in October the carninga the convoyance of materials for the 4.0.P.; Pte. Crew, A.O.P.; Pte. Riley, were $53,080, 817,000 of which was for Corpl Campion RE Corp. Osman; Chiness section. The estimate which they RAMC. had framed for receipts for the first six amount which was actually realized ans months was caly 820,000 and therefore the
nearly thred and a half tires is great as had been expected. The expensenwort 832,147 which left a anall profit of $383. But Piktif the HK Police met pl Hon. Colonial Secretary seconded and
The estimated secupts during the present year were $107,000 but the Chief Resident Genry, R. O... L. I, that evening in the the bill was read a first time.
Engineer put the receipts at $170,000. Soldiers Club in mich of a thansand up The objection to the recognition of the Section of the Principal Ordinance in Therefore there would be sum of for a cop given by the Hongkong Telegraph, first of these characteristica is that unless the Revised Edition was taken from section 418,830 to be paid out of the current Goary is new man to the Colony, only. the unpaid creditor of an insolvent firm 20 of Ordinace No. 8 of 1858 and by added to that the sinking fund at one per Regiment Test He is a good cueist goes revenue of the Colony and when they arriving here a few months ago with his can find and sue every single partner of section 28 of that Ordinazco offenders cent the anoat would be approximately without saying, his play last evening being the debtor finn he cannot hope to be paid against section 20 were liable to penalty the Chiness section was expected to be exceptionally good Pitt, on the other
8520,000. His Excellency mentioned that in full. But this is not a fatal objection of fifty dollars besides the expenses of re- as his position is better, then that of the oval. In the Revised Edition the penalty opened in August and negotiations were hand, is well known to the Colony and no creditor of an insolvent limited company was, evidently mistake, changed to Give the line. Dealing with the criticume
in progress for the successful working of comment on his abilities is required. who cannot reach the private property of dollars only. This Bill corrects the wizarding the building of wharves d The game commenced before a good |
· individual shareholders at all.-4
take.
godowns on the land which had been attendance, Geary being the frat to do! rechined, His Excellency said that it was anything. He mades nice break of 53 and Antadvisable to give the monopoly to one then failed at an easy in off. Treatica particular firm and considering all the dificulties in the way, and their slitst were common to bosh players and at the consideration being to get an adequate half way, and the conclusion for the even return for the outlay of the ratepayers ing, Geary, led by 95 points. Scores money the Government and advisers had my would be to build such necessition of come to the conclusion that the cheapest
WIDOWN AND DAPKINS, ..
As to the second characteristic. "There scens no reason why the death of a partner Hou, Attomey General moved the should destroy the partnership. In fact in second reading of the Bill entitled An the case of limited partnerships registered Ordinance further to amend the Widows under the Imperial Act 7 Ed. VII chapud Orphans' Pension Ordinance, 1909. : 24 the death of a limited partner does not
Hon. Colonial Secretary seconded: dissolve the partnership. But the death The bill passed through the committee of a partner would result, of course, in stage. -change in the proportionate interests of the Hon. Attorney General moved the third
remaining partners in the firm, and the reading.
value of the shore of the dent partner Hon Colonial Secretary-seconded-art would have to be paid to his "poreona? | the bill was read a third time and passed. -representatives." It would be undesirable," - ELECTRICITY AND LIGHTING,"
if only for fiscal reasons, to recognino, the Hon. Director of Public Works moved right of aims to take their decurred father's the second reading of the Bill entitled An share without taking out Letters of Ordinance for regulating the supply of Electricity for Lighting and other purposes As to the third characteristic. There is within the Colony of Hongkong and its prima facie no reason why a firdfishould dependencies. not hold a share in another firm. This can
Administration.
4
Hon. Colonial Secretary seconded.
**
Geary...
TH
F
..407
ham Le Que Defender of the Faith, by Marjorie Bonon. Friends of Fate, by Lucas Cleve The Straits of Poverty, by Ella Macmahon. The Postmaster of Market Deignton, by B.
Phillips Oppenheim
Merrick
Wilsons, by Dosmond Coke.
Marie Claire, by Marguerito Audoux
The Thousand Secrets, by John Selborne. The House of Blight, by Mrs. Coulson
Kernahan.
Greed, by Marie C. Leighton.
The Other Wifo, by Olivia Ramsey.
Midsummer Mom, by R. H. Forster.
NUMEROUS
IMPORTANT÷;
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AND
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FOUNDATIONS"
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LARGE STOCK OF ALL SIZES ON HAND.
A. Priestess of Humanity, by Mrs Stanley The British Wood Preserv
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The Woman Deborah, by Alice and Claude
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Henit of Gold, by L. G. Moberly. Rosanne, by Algamon Giasing,
THE EDWARD DISPENSARY,
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Destroys WHITE ANTS and prevents decay.
DODWELL & CO., LTD., Agents."
C. KAMMING & CO., ID JOHN & ROBERT HART & CO., LIMITED,
CHEMISTS, DRUGGISTS, etā.
MANAGER CHENG KAM MING (late Hosd Dispenser. Government Civil
Hoopitil
PRESCRIPTIONS ACCURATELY
PURE - DRUGS,
· DISPENSED.
· PATENT · MEDICINES. PRICES MODERATE. 62. Queon's Road Central. Hongkong, February 9, 1911
ESTABLISHED 1770.
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VICTORIA SKATING RINK, The above monthly premium will secure a £1,000 Policy on
YEUX ROAD CENTRAL, DES
Opposite the Contral Market.
THE BLAKE CUP.
Races are to be held for Two Cups,
their own. The Govenment had not beeri In this game Pitt, the Hongkong one presented by Mr. BLAKE for boys
good life aged 25 next birthday. PREMIUMS" BY MONTHLY INSTALMENTS WITHOUT EXTRA CHARGE.
For rates and full particulars apply to
unmindful of the interests of these fire champion, has met a worthy opponent and one for gentlemen by the Proprietors Trouble
for they had given them several contracts, and the capolusion of the game this evening of KING GEORGE IV. WHISKEY while the lighting the workshops, should be worth roning
allotted to an firm so that they were also fostering local indaxtrias. Besides, a siding had bem Green Island Cement Co., Ltd., and built to Holt's wharf, while others for the the Standard Oil Co., were in course of construction so that while Government
as endeavouring to foster local industrios are in what way they wurt also seeking retumax for the money expended thereon,
Fon Mr Hewett sggested the post. ponement of the discussion on the resolu-
considering the figures more closely.
be done subject to one limitation sndar, The bill referred to the Publiction until members had had an opportunity of
the present partnership law (œe Warner. Works comunities.
Smith 32 L. J. Ch. 679). The limitation
is that imposed by section of the Com
FINANCE COMMITTEE. panies Ordinance No. 1 of 1865 which subsequently feld, the Colonial Becretary At a meeting of the Finance Committee provides that 'no' partnership consisting of presiding, the following votes were consider- more than twenty persons may be formeded and passed:
for the purpose of carrying on any business that has for ite object, the acquisition of
VELIO WORK.
A sum of $1,350:45 in aid of the vote
gain unless it is registered as a company. A Public Works, A.--Public Works Depart firm is not, like a body corporate, a single ment, personal emoluments, Director of entity. It is merely a convenient name for Public Works, personal allowance, £150, describing a number of individuals who are associated together. So if firms are allowed
MEDICAL
Arsum of 50 in aid of the vote Medical indiscriminately.. to take slate, in other Departments, Institutes, other charges, firms the number of partners in the latter for the following two items-Apparatte firma would often exceed twenty. The and chemicala, 8200: Faol and light, 850% difficulty can be got over by providing that total, 8250. where a firm is registered as a partner it is to be regarded for the purposes of the A sum of $200 in aid of the rete Fost Ordinance as one person, and by providing Olice, Hoogkong Post Ofice, other that "ruly one of its members should be charges, repain to steams-launch. allowed to interface in the management of
the partnership in which the firra has takin
* share.
PORT OFFICE.
FTEMS AT THE COURTS.
Lawn Tennis."
HONGKONG C. C. TOURNAMENT,
The latest results in the above tournament
CHAMPIONSHIP.
Second Round-Capt. G. T. Briarley best Capt. R. D. Crawford 3-4, 6-4, 6-7, 6-7, 6-2; P.H.Klimaneki.o. from Major Sambourne could not conceive why the railway had Palmer, Lieut. Day beat C. Willson 6-3 coat so much to construct and he was of 6-4, 6-1,N
the expense of workshops. a railway of only twenty-two miles the opinion that there was no necessity for thes to go to
Hon. Mr. H. F. Pollock supported the suggestion for postponing the discussion.
His Excelloney I shall be very glad to
the resolution was postponed, " postpone it.
Hon Colonial Secretary seconded, and
AMERICAN PICQUET FINED.
For Assault and Disorderly Conduct,
**Hongkong, November 29, 1910.
** CHINA MAIL" CENSUS COMPETITION,
"1441
DODWELL & CO., LTD, Ageu a.
in Champagne District.
EXTRACT FROM TELEGRAM:-
London April 14.
been uprooted(Reuter's Service).
A census of the population of Hongkong to be taken on May 20th, and in order that our readers may test their skill in estimating the growth of the population since the that emsus the China Mau is splita haerbarn to predict the num promoting a competition under three hands, bers pf (1) The total civil population: (2),At Epernay, Bity acres of the MOET ET CHANDON Vineyards have Chinese population (3) European sed American population. We have, for the "A" CLASS BINGLER guidance of competitors, given the figures Third Round-R. J. Saunders (owes 80) for the last two numbering. Allcompetitors best Capt. G. T. Brierley, R.A. (awesi) have to do is to cut not the three coupons, (which will be published singly 4-6, 6-2, 6-4; A. C, E. Elborough (owen 10) in rotation in this column), fil in their NOTWITHSTANDING THIS OUR PRICES FOR beat Capt. Crawford (owas 30) 6-0, 6-4; H. ostimate and forward them to our office, Hancock (owes, 30-4), bont D., W. BI. V. with the worda Census Competition
in the top left-hand corner of the envelope. Koch (omas 3-0) 6:1, 3-6, 7-5,
Competitors may sand in as many coupons as they desire.A príza will be given fer the most correct estimate under each head. In the case of a tie the estimate first open- ed will be adjudged the winner
Third Round-B. Sutherland (scratch) beat H. Hoffmann (scratch) 6-2 1-6, Foreth Round D. A Cooke, R.N | (owas 15) beat C. B÷Johnson (owes 15) 6.4, 8-4; Liedt. Bagnall (owes::30) bost A.,0. Brayn (owds 20) 0-3, 7-5,
REA
CLAM BOUDLES.
Second Round-H. Humphreys and P.. He Klimanak (we 16-4) heat. 8. E. Greas and E A.B. Fowler (scratch) 6-2, 6-0
Jay Patrick Herdlicka, a second clas gunner's mate, of the U.S.S. New Orleans appaired before: bix E R. Hallifax at the Magistracy this morning, and was fined $5
Third Round-Dr Aubrey and AC. E for damaging tramcar and 825 for Elborough (owe 15) best AN. Joseland disorderly conduct. A charge of asanulting and A... Shorey (ore 15-2) 0.2, 6-1 the police was dropped. It appears that With regto the fourth characteristic. The master of the licensed ttcam launch
Second Round-Liont Altwood End It is undesirable that individuals should Boron was fined $10; by Commander C. defendant was on picquet duty at Frage Lieut. Annsheicu, H.N. (ave 101 test hide their identity under tong narnes, It Beckwith, RN, at the Marine Court this Eat, Wauchni, when mess was coming. L. Garrett and T. ft. Weall (ower-2/87 be registered either in the first name hapon to do so by lio police
bell but as defendant did not get out of is submitted that a Chinese partner should morning, for refusing to stop when called behind him he was walking on the 62, 64,
Vulner, The cac conductor rung hu roculso after birth of in the name hdance Bergan Wille and a somber of the way he was obliged to apply the received when he reachen manhood's entato. detectives arrested sixteen then at No. 38,
emergency brake. Defendant then smashed pane of glass in the car with hug baton and when a Chinese and Indma policefoan
.
A tony name may be registered in addition. Chum Rond, second foer, Kawloon, as This best two characteristics are typically they were having a quiet game of Paiknu.
PHOTERITOSAL PAYER,
By
No. 1-TOTAL CIVIL POPULATION OF
~BONGKANU, P
I predict that tlie total ciri population of the Colony on May 20th, 1911, will be
Nams!.
Address
NB.The last complete census of the Colony was taken in 1901, when the total dvil population was officblly returned t 233,905. In 1906 a partial conate was taken, being confined to the original Colony of Hongkong and that part of the Now Territory which Hes worth of the Kowloon
adical beat. C. O; Hickling and L. lo the New Territory mob inciaded in this rango of hill-This partial conene.showed Ratal civil-popolation of 310,893, but it
Breton (Merchant) 6/0, 6/2
census possessed a popalation of 80,011-in Dr. G. E. Anhray and Dr. Bleher, B.H.hould be pointed out that the portion of
To-zorrow's ties so far arranged are Shanghai papers contain particulars of Ligut Day's. CT Hose, third round of Championshipretty daripada
#big swindle perpetrated by two opiain $100,000 and $160,000. In inreived: The
•Allegwindlers, Ezm and Moowa, havƠ Bed to Japa
TOMORROW
190
Chiound and ignote them in Bal The mad, who were coxswaine and lighter tie up he commenced to asemalt them.-H. Hanan and R. Hancook 2.R. E. deslers; in which s ̈sumi "varying/babween
intended, as far is poouble, to give effect man, appeared before, Mr. J. R. Wood, at
to Chinese customs would be mansurably. the Magistracy this morning and were fined Eventually, further astaca artired and to detent the object of the Bill.
defendant was taken to the look, upi
Bird and P. P. J. Wodehouse, Phird round
***** class doubles..
MOET & CHANDON
CHAMPAGNES
WILL REMAIN THE SAME AS HERETOFORE.
Sole Agents for
MOET & CHANDON
H. Price &Co., Ltd.,
12, Queen's Road Central, Hongkong,
TELEPHONE No. 1853
Hongkong, April 18, 1911.
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