CO129-535-5 N.I. Brewer- transcript of trial and evidence 1-1-1929 - 31-12-1931 — Page 164

(0. 70.) MAGISTRATES ORDINANCE

G.

Ꭱ.

Case No...19546...

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Caution to and statement by accused (Ord 3 of 1890 Sec 73)

IN THE POLICE COURT AT VICTORIA IN THE COLONY OF HONG KONG

Before A. G. Grantham Esq.

a MAGISTRATE of the said Colony

(hereinafter called the accused)

162

Noel Instone Brewer

stands charged before the undersigned, a MAGISTRATE of the said Colony for that he Noel Instone Brewer, being a director of the Instone Banking Corporation Ltd., published or concurred in making, circulating or publishing a written statement to wit, a balance sheet of the said Company dated the 6th of June, 1928,for the period ending the 30th April,1928 and filed by him on the 9th day of July, 1928 with the Registrar of Companies on behalf of the said Instone Banking Corporation Ltd.,which he knew to be false in a material particular to wit, that the assets of the said Company consisted of accounts receivable amounting to 221,360 dollars and 87 cents, of collateral security and loans amounting to 349,630 dollars, of mortgage and long term loans amounting to 266,630 dollars and of stocks shares and other investments amounting to 484,831 dollars and 80 cents and of uncalled capital amounting to 1,420,950 dollars, with intent to deceive the shareholders of the said Corporation, and to induce persons to become shareholders or to entrust or advance money to the said Corporation. Contrary to Sec.71 of the Larceny Ordinance,

No.5 of 1865. and that the liabilities of the said Instone Banking Corporation Ltd. consisted of capital issued and subscribed amounting to 2,613,260 dollars and of customers deposits amounting to 466,400 dollars and 25, cents, and the said charge being read to the accused and the witnesses for the prosecution:—

being severally examined in his presence, the accused is now addressed by me as follows: "Having heard the evidence, do you wish to say anything in answer to the charge? You are

not obliged to say anything unless you desire to do so; but whatever you say will be taken

down in writing and may be given in evidence upon your trial and you are clearly to

understand that you have nothing to hope from any promise of favour and that you have

nothing to fear from any threat which may have been held out to you to induce you to make any admission or confession of your guilt, but that whatever you say now may be given in evidence upon your trial notwithstanding such promise or threat". Whereupon the said

Noel Instone Brewer.

saith as follows:

[T. O.]