CO129-535-5 N.I. Brewer- transcript of trial and evidence 1-1-1929 - 31-12-1931 — Page 3

IN THE SUPREME COURT OF HONG KONG

COMPANIES (WINDING UP).

No.

1 of

1929

In the matter of the Companies Ordinance s 1911

a n d

1926

In the matter of the Instone Banking Corporation Limited.

Trial of Mr. Noel Instone Brewer forme rly President of the above-name d Comany, before Mr. Justice Wood.

3

10. 30 a.m. 20th January, 1930.

The following jury was empanelled. - Mr. G. G. Stopani Thomson (foreman), Messrs. W. N. Lasonder, P. Wong, M. Pinko 5f, U. M. Omar, Tau Ho-tseung and J. M. G. Barnes.

Mr. Noel Instone Brewer was charged on three accounts and His Lordship proposed taking each of the three accounts separately and indicated that the first count was be fore the Court.

Mr. Bre wer:

My Lord, may I make the request that the three items, which are the same and would require the same answer, be taken together as I feel I will be prejudiced if they are taken separately.

His Lordship pver-ruled this objection.

The Fist Count was read and Mr. Brewer pleaded "Not Guilty"

Mr. Some roet Fitzroy, Prosecuting Counsel, intimated that it had always been permissible for a defendant to be seated at a table when conducting his own de fence, and asked that Mr. Brewer be accorded the same pri vilege.

His Lordship agreed and Mr. Brewer took his place at the Counsel's table.

Opening the case for the Crown, Mr. Fitzroy said: -

the

You are he re to reply to the charge which you have just had read to you and it is entirely in respect of the statutory Report which was filed on the 16th of August. 1927.

Gentlemen, According to the Regulations and Law Fulft heefing is.

of this. Color as stated in the Companies Ordinance s, a

essary willin Deyfan hawe AF FRY A company commences business, and a report which contains certain things has to be made. A copy of this report has to be filed with the Registrar of Companies and this report has to contain, among other things, the amount of cash received by the company in re spe ct of shares issued wholly for cash.

In this Report it is stated that the total amount of cash received by the Commany in res ect of shares issued wholly for cash is $876,750.00. (Copies of Balance Sheet given to Jury). (After reading the Balance Sheet Mr. Fitzroy continued) It is really with that second statement with which you are

concerned. The Crown says that that is untrue, and they say that the accused knew perfectly well when