1941-01-22 — Page 13

HONGKONG & SHANGHAI

BANKING CORPORATION.

Authorised Capital 20... Issued, and Fully Pald-up

Sterling

Hong Kong Currency Re-

serve

prietors

disapproved of Dr. Ts'o's conduct į tinued to hold himself out as head-ter, without having reached a de-Reserve Funds or Mr. Lam's they ought to have master. He wrote to the Director] finite decision. His conduct also said so and the matter might have of Education in reply to a circu- in addressing the Director of Edu- been adjusted. They had so con-lar, signing his name as princi- cation as principal of the school ducted themselves up to March, pal and requesting Government to after his dismissal is inexcusable. Reserve Liability of Pro

of the purchase as to give Dr. Ts'o every reason assist towards

behaviour opinion his to believe they supported the po- certain equipment for the school throughout and particularly in licy of the Council as expressed

This court must now decide

the early stages of the dispute, if by unanimous resolutions. Mr. whether the order removing Mr.

not jeopardising the school, cer- Huang tries to excuse then by Huang should be reversed and tainly satisfies me that his con-

In my

order to pay the contractors the persuaded Mrs. Shea, hendmis- tress of the primary school who in the course of her duty hind col- lected the primary school fees, to hand them to him instead of to the burɛrr. The amount in ques- tion was about $4.000 and Dr. Fao On learning this requested him to pay the money at ence to Mr. Lain saying that they had endcavoured whether Dr. Tso and Mr. Lam tinuance as a trustee would pre-

Mr.

of

for the school account. Huang's reply to this was that his suggestions for expenditure payment for past service to the school were not adopted; only the beadmaster knew the reeds the school and it was for Mr. Lam to co-operate and meet these needs and not pay according to his fancy; he (Mr. Huang) must be allowed the initiative to act and plan what was best for the school As the money had not been forthcoming he had no al- ternative but to use the school fees to pay the contractor. Dr. Tso contends in his aidavit that it the Macau loan had been paid out as proposed by Huang nothing would be lett, for running the school at this time and the most judicious spending of the loan

was called for.

Grant Application

him to reduce

be removed from but

to speak at many meetings were suppressed by Dr. Ts'o and In view of his age they did not If this were press the matter. true they are not fit to be mem-

that I am satisfied bers.

the drawn proper conclusion to be from the record is that both did until March, support Dr. Ts'o when, for some reason, they took It is ad- sides with Mr. Huang, mitted that hey supported

the Huang's conduct in retaining $7.000 fees.

Tact

Numerous letters

ΠΟΥ

should Council.

the

$50,000,000 $20,000,000

.€ 0,500,000

.$10,000,000

.$20,000,000

HEAD OFFICE: HONG KONG,

BOARD OF DIRECTORS: Hon. Mr. J. J. Paterson, Chairman,

C. C. Roberts, Esq.. Deputy Chairman,

1. H. Beubeld, Esq.,

G. Miekin. Euq.. A. H Compton, Eng., K. S. Marrison. Esq. 1. J. Davies, Enque Ton. Mr."

E. Pesto Hon. Mr. B. II. Dodwell, Don. Mr. A. L. Shielda, Sir Vandeleur M. Grayburn Chief Manager,

Baugroh

I cannot, however, find that he obstructive. was domineering or As Chairman he naturally took a Amoy leading part in the Council's dis- Batavia cussions but no dissenting voice Bombay was raised until March, 1949, Canton apart from that of Mr. Huang.

BRANCHES:---

Ipob Jobors Kobe

vent the trust being properly car- To restore Mr. Huang ried out and I therefore agree and not remove the other two with the decision reached on that would leave an impossible situa-point by the learned trial judge. tion because they clearly cannot The dismissal of Mr. Huang now get on together. On the from the headmastership by the question of the removal of trus-

Council is not all to his credit. tees by the court, obviously a very delicate matter, little help can be

the from

authorities. obtained The primary duty of the court is

Kowloon Mr. to see that the trusts are properly

carried out and if the contin- uance of a trustee

prevents the trust being carried out it will re- move that trustee. In addition to this primary duty there is the se- condary duty of removing a trus- tee for acts or omissions which endanger the trust property (Lettersted V Braers 9 A.C. (1834) 371 at 386)..

the

passed between the parties and their solicitors. Some statements in the solicitors' le ters might have been more tactfully worded and must have helped in widening the breach between the parties. There was trouble in April about payment of teachers' salaries and on the 9th April Dr. Ts'o and Mr. About this time Mr. Huang Lam were called on by Mr. Huang made a second application to the

to pay $3,200, teachers' salaries Director of Edvention. for the and to resign, and on the 12th Education for the building grant. !

April Mr. Huang took out the The Bank was now pressing originating summons which was

the overdraft by heard on the 17th and 23rd May. $4,000. In reply to the applica-

At the hearing it was clear to tion for the grant a request was

the trial judge that the position made that the trustees or legal of Mr. Huang as a member of the

the representatives ot

school

Council and therefore one of his should make a declaration of

own masters was one of difficulty. trust. The Solicitor for Mr.

It must also have been apparent to Huang prepared the declaration (it was not refer ed to the Coun-m that a Council in which Dr. ell as it ought to have been), and Tso and Mr. Huang sat sent it to the Director of Educa-experience considerable difficulty in performing its duty because of tion at the same time tell

the antagonism which now exist ing him that Mr. Prog', instrue.

cd between them. The learned tions

that 1. Wes

trial judge therefore, in the hope the only legal representative of

that matters the school at hough there was settled, suggested that Mr. Huang might be amicably Advisory Curatthe". Structly

should resign from the Council speaking, as the and was reg sẽ

and devote himself solely to his tered in Mr. Huung's name he

work as headmaster. was the only legal representat.ve,

were

functio a of the Council was PI-

i

would

He did not resign but instead

The Impasse

Calcutta

Bangoon

Saigon

San Franction Shanghai

Kuala Lumpur Singapore

Loudos Lyons

Colombo

Manila

Maluces

Bourabaya Sungei Patani

Bwatow

Tientsim

Muar (Johöra? Tokyo Mukden

New York Pelping Penang

Teinges Tokobame

Ou

I agree that some criticisms can Daires rightly be directed at Mr. Lam. Foochow His explanation why he did not

Haiphong Hankow sign the contract along with Mr. Harbin Huang is not convincing. He Iloilo might have put up his loan ear-

CURRENT ACCOUNTS opened la Her. On one or two occasions he

Local Currency and FIXED DEPO- might have written to Mr. Huang, SITS received for One Year or shorter pointing out where he considered periods in Local and Other Currencies Mr. Huang was at fault. On the on terma which will be quoted other hand he showed himself, application. right from the start of events, de- !

SAFE DEPOSIT BOXES of various rizes To Let. termined to get at the bottom of THUSTEE and EXECUTOR business the school's finances and to undertaken. straighten them out. The Council Hong Kong 13th December, 1940. was equally desirous of the in- formation. As treasurer and HONG KONG SAVINGS therefore directly responsible for

BANK. finance he did not get the assist- ance which he should have got from Mr. Huang. I do not con- sider he should be removed.

The decision must be based on the impression gained from the whole course of events and not on isolated incidents. It is clear that for a period of about a year from May, 1939, Dr. Ts'o with the full support of the Council was pressing Mr. Huang to hand over full financial responsibility to Mr. Lam and to inform the Council of the School's financial commit- ments. No member had express- ed any doubt or difficulty as to

was required from Mr.! what Huang.

It was the duty of Mr. Huang as the member of the Council who knew the, financial situation to keep the Council fully about past enlightened not only transactions but also about eur- the directions at the May meet-t

Mr. Huang received

ing but he admits that until Sept-

MEAD OFFICE: ember he remained practically in 15, Gracechurch Street, London. 6.0 8. full control of accounts only part- Authorised Capital

rent ones.

I therefore hold that this appeal must be dismissed with costs.

Mr. Justice J. T. Fraser con- curred.

THE MERCANTILE BANK OF INDIA, LTD.

Paid-up Capital

BANKERS:

£3,000,000

1,800,000

1,050.000

1,254.639

The Bank of England and Midland Bank, Ltd.

Bombay

Delhi

BRANCHES:

Jalan Kanatan Kanty

but this statement regarding the made a conditional offer to do so. ing wih small sums to the burser Subscribed Capital

to meet petty cash accounts. By the tirely unjus tied-t is at com-vided he was allowed to attend

He was prepared to resign, pro end of July Mr. Lam was unable Reserve Fund & Rest plete variance with the power

to make his financial report and meeting every

of the Council given the Council under the

he resigned. Counsel for appel- without power to vote and wus Constitut on drawn up by Mr.

relieved of

lants claims that Mr. Huang's let- all financial respon- ter of 31st July has never been Huang himself.

epitomised It

sibility past and present. The con- what Mr. Huang had come te dition that he should have

answered but I am of opinion It Bangkok the think of the Council's powers - right to be present at every Coun- has, by the definite instructions Calcutta their instructions' to hum

were cll meeting was unacceptable bo- given to Mr. Huang at the meet- Colombo advice. only to be

This letter

cause relationship between him ing on 3rd August. later came to the notice of Dr. and certain members of the Coun- Ts'o and it is not remarkable that cil was not cordial: it was con- it caused him considerable annoy-ceded that he would be asked to ance. At the same time Dr. Ts'o attend some of the meetings to learned that $7,000 school fees. give his views and impart inform- not $4,000, as he previously be- ation. The Court order for his lieved, had been kept by Mr. removal was accordingly made on Huang and he again wrote point- the 6th June and notice of ap- ing out the irregularity.

real was fled by Mr. Huang on the 8th June.

Emergency Meeting

Ts'o the

On the 12th March, Dr. not fled all the members of Council except Mr. Huang that

Onlle

Madras

New York Резвая

Karachi

Fangoon

Kota Bharu

Snanghal

Kuala Lumpur Simk

Kuala Lipia

Singapore

Kuala

Trengganu

The Business of the above Bank is conducted by the HONG KONG AND SHANGHAI BANKING CORPORATION, Rules may be obtained on application.

FOR THE HONG KONG SHANGHAI BANKING CORPORATION.

V. M. GRAYBURN..

Chief Manager.

AND

Hong Kong, 1st March, 1937.

THE BANK OF EAST ASIA, LTD.

Authorised Capital Paid-up Capital

Reserve and Undivided

Profils

.$10,000,000.00

5,590,600,00

2,903,261.50

HEAD OFFICE: HONG KONG 10, Des Voeux Road, Central,

Hon.

BOARD OF DIRECTORS:-

Sir Shou-son Chow, Chairman; Li Koon Chun, Esq.. P. K. Kwok, Esq«« Wong Yun Tong, Esq., Chan Ching Shek, Esq., Li Lan Sang, Esq., Wong. Chu Son, Esq. and Fang Ping Wah. Esq.

Kan Tong Po. Esq.. Chief Manager. Li Tae Fong, Esq., Manager,

BRANCHES AND AGENCIES:-

1:03 Batavia

Manila Malbourtan

Battle

Samarang

and Bombay

Nagasaki

Bhaoghal

Catoutla

New York

Bingapore

Halphan

Peris

Sourabays

Hankow

Folpias

Bwałow

Honolulu Robe

Rangoon

Saigon

HONG KONG BRANCH Every description of Banking Exchange business trensacted.

TRUSTEE AND EXECUTORSHIP UNDERTAKEN. CURRENT

In i ACCOUNTS opened Local Currency and FIXED DEPOSITS | Kowloon received in Local Currency & STER- London LING on terms that may be ascertain= |

D. BENSON,

The excuse given by Mr. Huang Hong Kong for not obeying the instructions Howrah

Ipoh is that Mr. Lam had not put up: his loan, and the Macau loan had been stopped and he had to pay the contractor. At that time. however, there was no refusal of the Council to pay the contrac- tor; the Council had never been asked to make this payment. On 18th August Dr. Ts'o, on learn- ing that Mr. Huang had made ed on application. the direct payment, wrote telling him of Council's instructions that any loan raised must be paid to

them Lam would pay

Numerous Incidents Thereafter numerous letters fol- lowed and incidents occurred, mention only a few of them. Res-

I

Manager..

Penang

Ban Francisco

Bydney

Tiantaia Vancouver

Every description of Banking and Exchange business transacted. Loads granted on approved securites.

Current Accounts opened in Local Currency and Fixed Deposits received.

an emergency meeting would be pondents were pressing Mr. Huang the school account and that Mr. THE CHARTERED BANK for one year or shorter periods in Local

Council

to assign the property to

details

the contractor

turn led to the stoppage of the loans and hence the impasse,

The taking of the $7,000 school fees from Mrs. Shea is a matter for censure. Part of it was

OF INDIA, AUSTRALIA

£3,000,000. £3,000,000.

£3,000,000

prietors

HEAD OFFICE: LONDONI 38. Bishopsgate, E.C.2. Sur-Agencies in London: 117/122, Leadenhall Street, E.C.2 West End Branch: 14/18, Cockspur Street, 3.W.1. Manchester. Branch:

62, Mosley Street, Blanchester, 7

BRANCHÉSI -

Penang

Avirītake

lat:goon

"Horecaban Shanghai

Bingapore Siawan

held on 15th March to consider Mr. Huang's behaviour in retain-under the terms of the Declaration therefrom. There is no reply ing school fees, in cia.m.ng to be of Trust.

He refused to consider from Mr. Huang but instead an-

AND CHINA. the only legal representative and assigning until the loans he had other five payments are made to asserting that the

was incurred in connection with the the contractor in Sept. and Oct.,

Incorporated by Royal Charter, 1853. merely advisory: the Coun-school building had been repaid. only

one of which came out cil was to consider whether On the 21st

Paid-up Capital June solicitors for of the school accounts. The ori-

Reserve Fund he was it to be principal. A tul! responden's replied that the Coun- gin of the whole trouble was that Reserve Liability of Fro attendance was requested. At tas cil must first get full details of Mr. Huang did not carry out meeting only the three respon- the loans before consenting to Council's instructions and this in dents were present. 2nd and 3rd meet them. The information re- appellants were absen. It was quired could have been prepared decided that Bishop Hall shou'd in a few days at most but in be asked to interview Mr. Huang, spite of two reminders and press him for a full account were not given until the 18th of the money collected by him. July. This delay was inexcus-paid by Mr. Huang to reduce the If the result was unsatisfactory he able, and reveals Mr. Huang's re-

overdraft with the Hong Kong & was to be requested to res gn luctance to keep the Council in Shanghai Bank which pressed him from the position of principal formed of the existing state of the to do so.

AGENCIES AND He knew, however, at failing that he was to be dismiss- school's finances.

Blankow this time that the Council had Alor Star

Long dong ed. It was also resolved that Mr.

On the 29th July a meeting of recently promised the Bank that Bangkok Follo Huang should assign the land to the Council was held and a decl- the building grant would be ear-Bataris [pob

Karachi.. Bombay the three respondents in accord-sion reached to dismiss Mr. Huang | marked to pay the overdraft. He Calopita

Klang ance with the terms of the De-from the headmastership an pay- should have passed on this letter: Aranciam z Robe claration of Trust of 24th June, ment of one month's salary. The to the Council as he had passed Olive Strass Küsia Immayu, Bourabaya

Fairlie Pisse Hunting reasons giver for this treatment on the earlier letter of the Bank, Canton Up to the dae of this meeting, of one who had worked so hard, but instead on his own respon- Cawnpore apart from the statements by in the interests of the school for sibility he took these fees and

Caba Calombo Mr. Huang in his letter of 14th a long period were that he had paid to the Bank.

Dell! January to Dr. Ts'o at there was claimed that he was the only re-

Haiphong These and later incidents are abs friction among the Council mem- presentative of the school; he had bers, there is nothing in the, re-refused to transfer the school pro- indicative of his attitude towards

FOREIGN EXCHANGE and Generas cord of minu es chd letters to sug.perty after his removal from the the Council which, by his own gest that other members of Countrusteeship and he had neglected statement, he regarded as an ad-Banking Business transacted, - -

CURRENT ACCOURTES opened and ell did act support Dr. Te'o. When his tut es as headmaster by spend visory body. His desire was to 2nd and 3rd appellants did noting time in unjustifiable, lit'ga- con rol the finances and policy of FIXED DEPOSITS, repetted? to: Ome appear at the March meeting,. Dr. tion; his continuance as headmas- the school and the Council was Year or shorter perfoder in Lecal or Other Currencies... at rates which, win The right in opposing his wish. Ts'o began to suspect they were ter jeonard'sed the school.

be quoted-en, application supporting Mr. Huang and he main grievance at this time seems to have been his refusal to assign wrote to both regret-ing their

which could have been overcome non-attendanca'at such an import-] by ob'a'ning a vesting order from ant meeting.

the Court. There was no neces- Nothing can justify his conduct: The Bank's Head Office in Largon Dr. Te'o criticists the behavioursity! therefore to dismiss him from in applying to the Director of unouttakes Executor and Truster buss» of these two gentlemen on the the headmastership, at that time. Education for a new primary neas, and claims recovery of Britian ground that if they had any and particularly on such ungen-school grant at this time when Income Tax overpaid, on terms which may be ascertained at lány sof“ «the ' grievances they should. Have ex- | étous terms.

he had ceased to be a member of moles and Branches pressed them either in the Coun After ha diam'ssal from the Council and when the Council, g cil or to him, personally"if they headmastership Mr. Huang con- was merely considering the mat

1939.

“Inexcusable'

Taiping

Tongkah

Melan

New York

Taking)

Youanes -

and Foreign Currencies on terms which will be quoted on application.

Safe Deposit Boxes To Let.

KAN TONG PO,

Chief Manager.

THE WING on bank, LIMITED.

Head Office: · Hong Kong. 26, Des Voeux Road, Central. Authorised Capital ... $10,000,000

LONDON BANKERS:- Westminster Bank, Ltd. Foreign Exchange, and every description of banking business transactéd.

Current Accounts and Savings Accounts opened. Fixed Deposits received at: rates which will be quoted on applicatio...

Safe Deposit Boxes for hiré.

PHILIP GOCKCHIN,

Chief Manager.

|HELP YOUR FRIENDS

SAVINGS ACCOUNTS"also úpenied to }/// Local Currency and Sterling with" in térent slowed at rates oblamable" na application. Det

AND HIS HOBBY

BY GIVING

Portage Stamps

Bezde

For

his: Garden

his Collection

GRACA &

CO.

Dealers in Postage Stamps & Garden Seeds.

No. 10. Wyndham Street,

- Hong Kong Established 1896