1924-01-26 — Page 8

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THE CHINA MAIL.

AUCTIONS.

SYNDICATED BIDDING SCANDAL

HONGKONG PROTESTS.

SPECIAL "CHINA MAIL" INQUIRY.

Syndicated bidding at auctions of land lots is a procedure which is arousing a storm of protest in Hongkong. It is a well known fact that a group of bidders at an auction agree not to bid against each other in order to get land at cheaper price than what would be the case if they acted solely on their own and bid on a competitive basis. In sonie instances land has been bought by a syndicate and| re-auctioned, not a small margin of profit being gained thereby. And'it. is against such practices that the | bona fi de bidder is bitterly complain- ing. If these syndicates of bidders attend every important auction and force a knock-out," how can the average business man, ex-) pect a reasonable and fair chance of getting a look int

Strange to say, the victimised! bidder has little chance of obtain- ing legal redress, for as far as we understand, there is no law against this unfair practice. It is a legal. poser which has been the subject; of several interesting cases in which varying judgments have been given.

It was with a view to obtaining an elucidation of the problem that Our Commissioner called on the Hon. Mr. J. H. Kemp K.C., (At-. torney-General).

Mr. Kemp informed us that in his opinion it was an unfair practice and against public policy but he said that the greatest difficulty lay in the securing of adequate proof of the syndicate's of group of bidder agreement. Fortunately, added Mr. Kemp, the law in Hongkong followed very closely upon that of the English law and hence facilitated the use of references and rulings on the question.

In reply to our Commissioner's question as to whether or not the practice was illegal, the Attorney- General quoted from Archibold's "Criminal Pleading. Evidence and Practice" which on page. 1420-1 under the caption "Mock Auctions" and "Knock-Outs" is the following

In Levi v. Levi 6 C and P 239 Gurney, B., said that a proceed- ing known as a Knock-Out-". whereby several brokers agres before an auction that only one of them shall-bid for each article sold, and that all articles thus bought by any of them shall be sold again among themselves at a fair price, and the difference between the auction price and the fair price divided among them, was indictable. But in Doolubdass v. Ramh Lell, 5 Moore, Ind. App. 109: 18 Eng. Rep. 836, this ruling was declared by the Judicial Committee (per Parke, B.) to be an unreliable nisi prius dictum. In Leopardy. Litous, K.B.D. May 31, 1897 (Hart

was

CORRESPONDENCE.

PIRATES.

(To the Editor of the China Mail.)

Sir,I should like to concur with the remarks made in "One who trades to Kongmoon's", letter, published in your issue of yester day regarding the care or lack of same, amongst ships officers in charge of ships passing through areas liable to piracies.

I travelled on a river steamer which regularly proceeds from Hongkong to-a certain place which for obvious reasons I shall not mention and spoke to the chief officer on the subject of the likali- hood of that particular ship being pirated.

for the estate of A., at an nüction, on the terms, that if B. was declared the purchaser, he would, give C, an option to buy it At a certain price. This agreement

held legal and enforceable. In Re Carew's Estate, 26 Beav, 187 and Heffer u. Martyn, 15 W. R. 390, similar agreements were held pot to be inequitable. At a sale by public auction of surplus His answer-hardly printable- stores belonging to the Govern- was very emphatically in the ment, the plaintiff and defend negative. When I mildly suggested ant agreed, in order to avoid that he seemed somewhat competition, that the defendant optimistically boastful, he replied alone should 'bid for certain On this ship we always carry goods, and that the goods, our loaded revolvers with us and if purchased, should be see that the armed guards are in divided equally between their proper places with everything| them. Accordingly, the plaintiff secure, the grills etc., locked and Jabstained from bidding and the maintain a proper watch, without goods were knocked down to the getting careless because nothing defendant, who subsequently so far has happened, and it's only repudiated the agreement. In due the to carelessness of the an auction by the plaintiff to officers concerned that anything recover half of the goods pur-does happen."

chased or their value over and When reading over the report of above the price paid at the que-the latest outrage, this officer's tion, Shearman I, held that, at remarks came back to my 'mind, any rate where the goods sold especially when the chief officer were the property of the public, of the latest slilp where the pirates it was against public policy made most successful haui that persons should combine at ffrom their point of view) had not an auction to procure the goods even the key on him of the locked to be sold at a price below the drawer in which he kept his fair value with the necessary revolver.

а

result that the public were de- To one who happens to be an frauded, and he ruled that the ex-Army officer, this lack of dis- agreement was unenforceable. cipline seems very obvious and On appeal however, it was held should not be tolerated. by Bankes and Atkin, LJJ.

I am Sir, (Sutton LI. dissenting) that, the agreement was not illegal,

Yours, etc.,

READER.

and abat judgment_must, be | Hongkong, January 24,5 2010- entered for the plaintiff.

J|

OUR THEATRE.

This ruling of Justice Shear man's emphasises the feelings of His Hongkong honest buyers.

public (To the Editor of the " China Mall."] that......"the statement were defrauded" is one which

Sir. It has frequently occurred should strike home to the syndi- cates who go in for "knock-outs." to me the litle use to which your Justice Shearman's verdict is Theatre Royal is put by your local further supported by the follow-adherents of the Drama.

Dews paragraph from a Home 'paper:-

The productions staged by the Hongkong Amateur Dramatic "The knock-out" in auction Club, about twice yearly at the sales should be made illegal, as most I believe, are mounted and it is defrauding the owner of the dressed in a manner that would do goods, said Judge Ruegg KC, credit to Sir John Martin Harvey's ar Birmingham County Court and Miss Julia Neilson's and Mr. during a case in which it was Fred Terry's personal touring stated that two men stopped bidding so that a friend, with whom they were to share the profits, could buy the gonds more cheaply.

was

Though the case was not pressed legally there being hardly any occasion for itan. incident relevant to the subject under dis cussion aroused much judignation in Shanghai, recently. It during the auction of a pony, the winner of a selling stakes race, The owner was anxious to retain the pony and when the bidding started she found much. competi tion. She was a popular owner and when the figure rose, friends pre Valled upon other anxious bidders a stop bidding in order to enable

companies,

I would mention that the stage of the Theatre Royal, Hongkong, is larger than that of many London West End Theatres;

been a considerable revival in the Recently in England there has repertory theatre. Whilst amateurs who have their Professional and business vocations can hardly be expected to vie with these, I really believe something approaching. that standard is practical of achievement

of

The recent production "RUR." was played for four performances only and prior spectacular productions for a similar run, It is obvious there fore that the major portion of the admittance money is spent on new scenery, specially made for every production and which in spme instances is probably never used

again.

on Auctioneers pp. 135-140) the lady to buy in her pony at a Wright, J., in adopting the view reasonable figure. This was done of Parke, B., as above stated, and the lady retained her pony: said that he had withdrawn from but though the incident seemed circulation his treatise on Crimi- closed it aroused much comment

With a few small sets of "Stock" nal Conspiracies (1873) because from the newspapers.

scenery that is interior and after publication he hád A test

case in Hongkong exterior sets-any-modem play found that his acceptance of would prove interesting indeed, could be produced without the Levi v. Levi (sugral was not for the subject is very absorbing necessity of an expensive outlay warranted by Deolubdass v. Ram and one which would certainly for every fresh play produced Loll which he had not found at provide a problem for our learned After all the play's the thing" and the time of publication. In judges.

I maintain with a body of enthusiastic players well organized six plays could be produced

Gallon v. Emusi Ï3 L']; (Ch.)} It remains to be seen whether or 388, B, and C, agreed not to not any public spirited business oppose.each other in bidding. I man will take the risk.

COMMERCIAL NOTES.

էլ

yearly,

Frecall some years ago the late Sir Herbert Beerbohm Tree played Hamlet" with the aid of citrinins.

Yours, etc..

"MERELY A PLAYER.” Hopekong, January 25

PASSENGERS.

ARRIVALS

American crop of 10,081,000 balds, a against the special estimate of Messrs. James F. Hutton & Co., At first prices foll, but a sharp

November 2 of 10,248,000, bales. Ltd, Manchester; report on Decem-advance of over 1d. per lb. followed ber 19:-

immediately, all of which has since During the past week ootion prices been lost. An increase of trade sup

port has again beca noticeable at have been subjected to more rapid extreme declines and this policy and, violent fluctuations than for a appears to be the soundest under considerable time. Extreme Der-present conditions. In the Man PP. 40. 8. "Earmala" on Jan. vousness and lack of confidence all beter market there has been grand road. J. hair, Mr. W. 8. fairly large genel enquiry for Cha Maand Mas W. Osborne) Mr and round have been, the outstanding prices, mostly by mail. Very few Ms J. D. Hartfeld, kt. B B Bdward, features, and the course of prices offer by telegrams are coming in, Surg. Le M. Brown. Mr Lindsay Mrs. after the final American Bureau re and there is a gencin absence of Grady BB-Williamson

Purebon, Mesors; E. W. Shaftain, E., H. Buzer conaw HBrOlerk, de denze, Mine- port has ahown that the markets are business of weight.

tinue to await more settled candi-'} N. Lawson, Rev. and Mrs Mahofer, Mr still suffering from the effects of tions in the raw material market, Bergeta, Mr Lat-Wenn Ezr recent conditions. It is evident in Staple goods are seldom under offer: Usak Fiew Brand King Kosy, Mr.Liew | fact that some time must clupse what buying there is consists chiefly. Po Ting and Mika G. Yang, joi before clear appreciation of the of fancy, styles, and stock. The outlook can be safely taken. Up to clearance of soake has indeed been now supply and demand at the excoptionally large recently and in- moment have been the sole, faciora oludes many lots held on this side. and as a very large, part of the since the commencemen of the

́OONBIGNEES"- KOTICHA,

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Cargo arrived per

demand has been purely speculative slump. Yaras are very quiet and (not cleared-by: this has been an unsound gulile. At American are practically unchanged

the same tuse a short America from last week: Egyptian are Idealnios crop, which is now beyond doubt to 2d. per lb. dearer Prem Chime kendis for this season, encourages specula- there has been some enquiry for tive operations such as have been fancies and whites. India inquiry for experienced lately: For this reason prints, light whitee, and toyicing' is it seems likely that trading interests very large From Singapore and will continue to suffer through re Java there is, small miscellaneous petitions of these operations during enquiry: South America, ig, algo), the remainder of the sensoù, quiet and Egypt and the Levant sishongh of course the effects may have purchased only a low white pe hot by so violent as recently. The and packe (Vy the fnel Bureau

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