1941-01-22 — Page 6

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· THE CHINA MAIL, JANUARY 22, 1941.

Munsang College Appeal Dismissed

Mr. Lain's $10,000) and the

THE APPEAL IN THE Munsang College case of $30,000 (the Macao Loan and was dismissed by the Full Court of Appeal this morn ing, in judgments by Mr. Justice E. H. Williams and Mr. Justice J. A. Fraser.

cil.

knowledge that Government would grant $15,000 on completion, the Council approved the building and Mr. Lam to sign the building plans and authorised Mr. Huang

contract for $30,000,

In the course of his Judgment, School and the raising of money Mr. Justice Williams said:-. for its erection being essen.ial, This is an appeal from an order Mr. Huang called together some of His Honour the Chief Justice ¦ members of the Council and No criticism of Mr. Huang ap- dated 6th June made in Chambers friends, of the school and discuss pears in the minutes. but at the on the hearing of an originatinged matters with them. It was de-end of the meeting Mr.. Lam told summons that Mr. Rufus Huang, cided that the regular meetings of Dr. Tso that Mr. Huang had fail- 1st appellant, should cease to be the Council which had been ined to render the proper statement a trustee of Mun Sang College abeyance since 1932 should be re- of accounts, or band over the che- and inember of the College Coun- | vived. The first meeting

was que book, etc. Dr. Ts'o in turn re- the The principal protagonists he'd in January, 1939. The Coun-quested Mr. Huang to obey

Council's instructions. On the Mr. Huang, cil at this period consisted of the 24th June Mr. Huang at the re- in the dispute are headmaster of the college, on the | appellants, respondents and one or one part and Dr. Ts'o Chairman two others. No minutes of

the of the Council, and Mr. Lam, Vice-meeting exist. The building pru Chairman and Treasurer, on theject was discussed: A written other part.

constitution of the Council, draft Reference briefly to the main events in this (and a financial committee under can only be made ed by Mr. Huang, was adopted

deplorable dispute which must Mr. Lam, Treasurer, was ар- have done incalculable harm topointed to look into the economic the college and which, culminated condition of the school). Mr. Lam in an application to the court was a director

of the Ka Wah by the appellants on 12th April Bank and I presume it was for for the removal of the respondents this reason he was selected as from their positions on the Coun- treasurer. cil.

Mun Sang College was founded through the generosity of the late Mr. Au Chak Mun and Mr. Mok

|

quest of Dr. Ts'o executed a de- favour of the school by it he claration of trust of the land in

agreed to assign the property to

the Council to do so. Sometime such persons as the Council should by appoint whenever called on during the month. Mr. Lam ap- pointed a Mr. Lo as school burger, though Mr. Huang considered one was not necessary, at that time.

Contract Incident

.

It is noteworthy that among the

On the 28th June the building powers, vested in the Council was contract was ready for signing. power to raise and deal with the Mr. Huang, Mr. Lam, the Archi- donation fund, properties and ex-tect and the contractor met. Mr. Kon Sang, father of 3rd respon-penditure of the college and pow- Huang signed but Mr. Lam re- er to take charge of the moneys fused to because the contractor and property of the College. The was new to Hong Kong and had estimated cost of the building was

failed to furnish a satisfactory $30.000 and it was known that a surety. The contract did not call building, grant of $15,000 would be for a surety. I am not quite satis- obtained from Government

fiod with this explanation. It does not appear that he, requested Mr. Huang not to sign: If he were

on

dent and the initiative of Dr, Ts'o. These three gentlemen were in- terested in a company which re- claimed land at Kni Tack and erected. dwelling houses thereon and were concerned us to the provision of educational facilities completion. It is obvious that for the residents. The former two this venture could not be lightly donated $10,000 each and in undertaken without a thorough not satisfled, he, should have so te- February, 1926, the school was examination of the school's finquested and had the matter opened at Kal Tack in rented: ances-

Dr. Tso later discussed brought before the Council: The premises, being called Mun Sang: the matter with Mr. Lam, and reliable to the contractor: Counsel result was to make Mr. Huang names of the donors..quested Mr. Huang to hand over Mr. Huang was engaged as prin- cheque books, pats books etc. to for appellants claim that if Mr. cipal and a Council was formed the treasurer in order that he Lam had also signed then there in April to govern the school. Dr. might explore the economic posi- Ts'o. became Chairman and Mr. tion. Huang a member. Mr. Lam was

after the

a meinber since 1930 and in 1932 he was elected to serve on a in- ancial sub-committee. 3rd res-

First Complaints

never would have been any trou- ble. I do not, however; agreei

Building was commenced on the 1st July and went ahead rapidly. The time for completion was 3 months. It was important that it'

pondent became a member in 1934, able importance for we here find should ready as early as possible

2nd appellant in 1937 and 3rd ap- pellant in 1938.

Financial Loss

During the next five years the school was run at a financial loss; the $20;000 was exhausted and. the deficit in 1930 was $6,000. The council then obtained an annual Government grant of $6,000 the success of the application being due in no small measure to the efforts of Dr. Ts'o. Until Decem- ber, 1932, the Council apparently functioned as the governing body though financial matters, since 1929, were in the hands of Mr Huang in whom the Council then had complete confidence. Thereafter until, 1939, the Council held no regular meetings, probably due to the fact that the Govern- ment grant had relieved financial anxiety: during that period Mr Huang was, for all practical pur- poses, the Council though he con- tinually consulted Dr. Ts'o and other

He

The ein-

Mr.

a

- later

The next meeting which was held on 16th May is of consider-

for

as the owner of the Middle School the first time

complaints

wanted the return of that build- against Mr. Huang's method of

ing. At the end of July a Mr. keeping accounts. On the Agenda Liang called on Dr. Ts'o and gave of the meeting were numerous items dealing with finance.

a cheque for $10,000 (part of the school burser had recently

Масао loan). Dr. Ts'o refused bezzled a sum believed to have domestic reasons for not accepting the offer telling him there were

was called for from Mr. been about $4,000 and a report

at the time. He hoped the offer to be made at the meeting.

Huang would later be renewed. Dr. Ts'o did not consult the Council about condition of the school after in- however, to prevent him accepting Lam was to report on the financial the loan. There was nothing, vestigation. The minutes of the the money and putting it in meeting are clearly not full be- special account. His reasons: for cause no mention is made, of any refusing were that he was uneasy criticisms of the accounts.. admitted there was criticism. The

It is about the question of the school minutes record that the audited Lam who had not put up his loan accounts. At the same time Mr.

statements eleven years was passed and that

of the school's first tendered his resignation Mr. Huang's report on the bur- on the grounds that Mr. Huang withdrawn from the Council ser's embezzlement was accepted. had not handed-over the College Dr. Ts'os view of the accounts pro- accounts to him as directed by the duced was that they were a mere Council at the May. Meeting. Dr. statement of reciepts and payments! Ts'o in turn passed the latter to and did not disclose the, financial Mr. Huang and requested "an ex- situation, not being in the form of planation. About the same time a balance sheet, showing assets Mr. Huang wrote to the members from whom he

Hong obtained valuable, advice.

and liabilities. They are in fact, Kong & Shanghai Bank request- worked with great zeal and de-a record of annual receipts and ing a loan of $20,000. He must votion and obtained most satisfac- and loss account and no balance the Macao loan. He arranged to payments. There was no profit then have heard of the refusal of tory results. High tribute was sheet. Mr. Huang says Dr. T'so call at the Bank on the 29th July paid to his work in 1988 by Bishop told him the accounts were in a Hall. In 1932 there were 200

to discuss the loan. pupils and 18 teachers: in

muddle: The Council authorised 1938 there were 600 pupils and 28 tea-school burser or accountant, and Mr. L'am to engage someone, as chers. In spite of the grant the to take all steps to recover the school continued to be run at a amount embezzled; it also author- Dr. Ts'o's letter regarding Mr. On the 31st July he replied to lass- which was made good by ised the donations, and loans collected

financial sub-committee Lam's resignation to the effect by under Mr. Lam to look into Mr. Huang. Since 1927 the mem-economic condition of the school past ten years had been passed the that the account for the hers of the Council were kept It was decided that Mr. Huang by Council, He did not under- aware of the financial condition should make up as soon as pos stand Mr. by means of audited annual state-sible the accounts for 1938 up to He gave certain details of cur- Lam's grievances. ments of receipts and payments. date, including school fees, and rent expenses. He stated that he At times the school had to be donations for Mr. Lam. closed in order to avoid financial}|

had invited. Mr. Lam several times 1985:

He was to supply him with der to come and examine the school At an early stage, Mr. Huang of the usual charges incurred in for inspection. At Mr. Lam's tails of the salaries payable and books, which were always open considered that it would be af running a school. In addition he insistence he had taken on the great benefit if the school pos was to hand over the cheque book burser Mr. Lo, though there was sessed a building on its own site and bank, pass book. Thereafter little work for him as it was the instead of renting premises... Ho discussed the matter with Dr. Ts'a two of the three, Mr. Huang, Drkrow much English and the ac- all cheques were to be signed by end of term. As Mr, Lo did not who approved provided the Ts'o and Mr. Ram (hitherto Mr. counts wele, so kept Mr. Huang money could be raised. By 1934 Huang, alone, had signed). It is had not been able to let him tako Mr. Huang had raised $13,000 and obvious that the Council which full charge of the accounts. Dr. In June, 1987, he purchased the had been in abeyance since 1932 Tso did not send a direct reply main part of the present school was not conversant with the to that letter. Instead he made site in Grampian Road, the land schools condition and was quite a statement at a Council meeting being registered in his own name rightly desirous of finding out the on the 3rd August. In my view. The remainder of the site was exact situation. In these, and in Dr. Tso in addition to the state

No Direct Reply

GANDE, PRICE & CO., LTD. purchased a puno. Negotine tact, ut all meetings the greatest ment should have sent a drileg

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Telephone 20135

total cost. being $19,000. Negotin stress is laid on the Importance reply to Mr. Huang answering tions were carried on by Mr of sound: Anance, All members all the points raisede Counsel for Huang, with the Government for including Mr. Huang agreed to appellants claims that: the letter conversion of the land from agri the resolutions, embodying these of Sist July has never been an cultural to building land. These instructions. At the same meet-swered. Is this correct? Dr. To's negotiations lasted a considerable ing Mr. Lam suggested that the statement to the Council was time and were completed in Janu- schoot building should be com- brief that a finance: Committee ary, 1988.

menced, ag-early as possible so as under Mr. Lam had been appoint“. to be ready by September, and ad early in the year, and this my, the promised to help by, landing, Huanhewan, to be relieved, of all $10,000 towards a building fund, responsibility for the school ac-)

As there was now, the promise (Continued on Page: 1D

Council Meetings. =-The-alte_baing now ready for ☺☺l the building of a new... Middle!