1911-03-23 — Page 2

Page

INTIMATION

A. S. WATSON & CO.,

LIMITED,

ESTABLISHED A.D. 1841

CIGAR

MERCHANTS

TOBACCONISTS.

AND

We have been appointed

SOLE AGENTS for

THE HONGKONG DAILY PRESS, THURSDAY, MARCH 28nm, 1911,

TELEGRA MS.

[Proisated by the Telegraph Message

Copyright Ordinance, 1904.]

["DAILY PRESS " ZXCLUSIVE SERVION,] THE NATIONAL ASSEMBLY.

ΙΝΠΙΟΑΤΙΝΟ OFFICIAL CHANDES

BESTRICTION OF ACTIVITIES.

SUPREME COURT,

Wednesday, March 22nd,

IN BANKEUPTOY.

BEFORE HIS HONOUR SIE FRANCIS PIGGOTT (CHI F. JUBTICE}.

and asked where the goods were ha informed me that the only goods he know of was a quantity of human hair which was

Mr. Potter stated that in consequence of cortain admissions made by this man Mr.

she took proceedings. They had been sarved with a notico to produco him.

to osrtain banks,

His Lordship Is there a margin on the but unfortunately they were not able to do so, value of Lair P

because, within the last few days, for reasons unknown to the Offcial Receiver, he had thought

Mr. Fletcher I have not inquired.

Mr. Barlow said ho understood the margin fit to go to Canton. Therefore the Official put on it was about $20,000

His Lordship-That is saleable at ough Mr. Fletcher said he had made inquiries and was told that there would be no minigin.

An adjudication order was made,

Receiver was not in a position to predugo kim for arosa-oxamination, but Me. Potter submitted that his Lordship had power to admit the declara- tion in evidence, although Messrs. Melchers & Co. had not the opportunity of cross- examining him. Ho submitted that there was nothing in the ofisit sworn that could be truthfully denied by Matchers & Co.

have said, if the War Office is prepared to to reduce the military contribution by a sum equal to the duties payable on the liquors consumed by the officers and men of His Majesty's Naval and Military Forces sarving in the Colony, the taxpayers will have no substantial grievance, because the Colony will derive the full benefit of the taxation. The rosolution, if adopted, shordd at least have the effect of omphasising the necessity for a reconsideration of the whole question of our military contribution. Down to 1890 this Colony was paying an annual sum of £20,000 as a military contribution (a sum not greatly in excess of that which it will probably have to pay this year on the liquor revenue alone!). In 1889 when the War Office decided to strengthen the garrison the National Assembly, though it is the matter before the Court, and the Court de estate, but as my petition is first in data it wanted to establish by means of this mon was My friend gets his costs for protecting the seeding, he said the only frot which they represented that his able services rooided that relief should be sought andor the takes precedence.

the Secretary of State required the military

contribution from the Colony to be doubled. There was strenuous opposition, but a resolution was carried in the Council by the official vote giving effect to the instructions DIMITRINO & CO'S received from Home. Six or seven years

Celebrated

EGYPTIAN CIGARETTES.

PRICES:

$4.50 per box of 100.

BLUM PACHA

SHEPHEARD'S HOTEL 4.40

POUR LES PRINCES... 3,50

No. 5 EXTRA FINE

3.60

No. 9 FINE

2.50

CONSUL....

225

2.00

1.90

*

CORVETT

FLIRT

PEKING, March 22nd, HIH. Prince Pa-lun, President of the National Assembly, has been transferred to the Presidency of the Board of Works and Commerce.

This is considered to be a result of his advocacy of the re-convocation of

"APPLICATION TOR DIRECTIONS, Be Cand Tai and others. Mr. A. G. M. Fletcher, Deputy Official Ha ceiver, said he made this application for directions On September 21st, 1907, o man named Li Fuk Hing filed a proof of debt claim. ing 87,400. He produced three borrowing notes, and it was found that the largest, which was for $7,000, contained an impressed stamp for five cents, while the other two notes had no. stampa" at all. The Offcial Reosiver droided that these notes were promissory notes, and that decision was ondorsed by the Court. On September 4th, 1909, Li Fak Hing brought

now available to assist the distressed Stamp Ordinance. farmers to replace poppy cultivation, by other crops, which the inofficient Prince Pu-ting has neglected to

encourage.

activities

Mr. Crowther Smith, who appeared for LI Fuk Hing, and the Court decided that nothing. could be done with the documents nutil the terms of the Stamp Ordinaños had been complied with.

Aridend.

later, again by instructions from the

Mr. Fletcher If the notes were properly Colonial Office, AB Ordinance WAS

The appointment of the reaction-stamped I should admit the dobs, but under the passed firing as the contribution 17 per cent. of the Colonial revenues, such ary ex-Grand Councillor Shih u to Odinance it cannot be admitted, so I come to percentage to include the cost of all the vacancy is thought to indicate the Court and nok whether I should pay this military works and buildings, but not to the restriction of the

Mr. Smith-The notes were produced when cover any capital expenditure required for of the National Assembly.

the proof was Bled, antro question was raised tha". Nothing was said nutil after the time military lands and buildings. The con- The resolute Li Chin-Chn, Vice- giron the Offeint Receiver for refusing to tribution was made on this basis down to President of the Board of Education accept proofs, as I think it might be taken that 1901 when another. Ordinance. was passed who was educated in Japan, replaces the proofs were admitted..

Shen Chia-pen as Vice-President of the Assembly.

to combine in the amount of the contribution these annual payments on necount of barracks, defence works and other extraordinary military works. The porcent- ngo was then fixed at 20 per cent. of the Colonial revenues, and on this busis the contribution has been paid during the last tea, years. Now, the ordinary revenue of the Colony at the time of the pairing of this ordinance was $3,500,000 and it was

!

THE

JAPANESE ANTARCTIC

EXPEDITION.

STATE AID APPROVED.

TOKYO, March 22nd.

His Lordship-That cannot be. The Court is not allowed to look at these documents.

Mr. Smith-A petition was sent to the Governor, but he said he did not think it was amatter in which he could do anything. There is no doubt about this money being owing, and it can be proved by putting the debtor in the box.

His Lordship-Unfortunately he

has put

thens promissory notes in.

Mr. Smith-If the money is owing I don't

His Lordship-Sineb ko' has produced these

promissory notes the Court must disregard them,

anticipated that this would probably A representation asking for States that it matters. (Special terms to Hotels, Clubs, represent the approximate annual revenue aid for the Shirase. Expedition to the of the Colony for some years to come. Thus South Pole has been approved by the the military contribution would amount to Diet. $700,000: The Colonial Secretary of the day wrote: "The arrangement now proposed will be more advantageous to Hongkong

and Large Consumers.)

A. S. WATSON & CO than the present system, under which the

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DEATHS,

On the 22ut March, at Shanghai, VICENTE [480

EMILIO BLAGA-(By telegram.)

On the 2nd inst, at her father's residence, Bombay, SHIRINBAT the sand daughter of Mr. Sorabjee Dhunjeebhoy Setna, and wife of Mr. Ardeshir Nusservanjos Kharival, aged 25 years. Deeply regretted (By telegram.) [439 HONGKONG OFFICE: 10a, Des Vœur BoAD 0 LONDON OFFICE: 131, FLEET STREET, EC

The Daily Press.

HONGKONG, MARCE 23RD, 1911.

To the resolution which it is the intention of H.E. Major General ANDERSON to more at this afternoon's meeting of the Legislative Council on the subject of the rebate of

Liquor duties to the Naval and Military authorities, no objection can be taken,

Coloni I revenues ro continually called upon to meet the cost of necessary works, the amount of which cannot be anticipated.". Well, has the arrangement proved advant- ageous to Hongkong? We do not think so. The Colony's annual expenditure has increased greatly since then, and for some years past the Colony has had to raise nearly double the amount the revenue stood at when the 20 per cent. basis of the military contribution was decided upon, and, as we have on previous occasions pointed out, the more the Colony is taxoā in order to meet its necessary expendituro the larger is the amount demnauded for the War Office chest. The Army Estimates have not increased in anything like the same propor tion as Hongkong's military contribution during the past ten years. The facts then being what they are, H.E. the General does not seem to be asking too much of the War Office when be suggests the reduction of the military contribution by a sum equivalent to the atmount of duties levied by the Colony on the liquor consumed by the officers and men of the Forces serving here. The War Office by some readjustment might be able to afford it; the Colony cannot fairly be asked to make the sacrifice

Dr. Morrison, the well-known correspondent of The Times, has returned to Peking,

The Bandmenu Opera Co...which is haring a very successful season in Singapore, will not open in Hongkong mil the 5th prox.

A correspondent who writes to us on the subject of the dangers of motor traffic in Hong- kong suggests the prohibition of automobiles on the island.

[REUTER'S SERVICE TO THE "KONGKONG

DAILY PRESS.]

THE VETO: BILL -

EFFORTS TO COMPROMISE,

LONDON, March 22nd. Strong rumours are current in the House of Commons lobby that the constitutional crisis will not be settled before the Coronation, and that the Veto Bill will not be passed befora the end of August.

Mr. Fletsbor--I have no objection whatever to pay this dividend, but if I do pay it I am liable to a penalty before the police magistrate

His Lordship-I will look into the papers and see what was done, but so long as the promissory notes are before the Court I can do nothing.

Mr. Smith-Can wo withdraw them? His Lordship-You must take sich steps as you think t (To Mr. Fletcher)-What stato is the bankruptcy in F

Mr. Fletcher I want to pay a final dividend and wind the thing up.

His Lordship-I will look into the papers and os what can be done, and deal with the matter:

in Chambore

DISCHARGE GRANTED.

Re Lam Pak Lenng,

Mr. Hinds (of Messrs. Brutton & Hott) said he applied for the discharge of the debtor at the last sitting of the Bankruptcy Court, but the Both the "Morning Post" and the Official Receiver opposed the application. He Je understood now that opposition to the debtor's state that pro-discharge had been withdrawn. Daily Chroniele minent Liberal and Labourites have

Mr. Fletcher stated that at the last sitting

"

A QUESTION OF PRACTICE. Re the Kwong Bai Leung firm. Mr. P. S. Dixon, who presented the pati tiouing creditor, applied for a receiving order.

Mr. Needham said he had a petition on the fle on behalf of W. M. Watson trading as John D. Hutchison & Co,

Mr. Dizon My petition fakes precedence.

His Lordship-Is there any authority? Mr. Fletcher--I think the second petitioner ought to have searched the file.

His Lordship I must look into the practice, Mr. Needina-Among the reasons why your Lordship should accept our petition is the negligence of the other petitionor.

Mr. Fletcher I would ask that a receiving order be made.

His Lordship-What you mean to say in that the only evidence you have of the fact of these payments is this affidavit?

Mr. Potter-The payment is admitted. Pro-

that he know he was insolventh at the time he made the payments. The question of this ndavit raised an important point, and a point. which affected those who wore interested in the commercial life of this Colony. This was what might very well happen if this adorit was not admitted: A Chines firm, which led been in the habit of trading with cortain European firms, want insolvent. For some

Mr. Dixon-I don't admit that.. His Lordship-I will look into the practice reason they might decide to pay the Entopian. traders to the absoluto exclusion of Chitiens and take the matter in Chambers.

oraditors. They do so, and the managing part- ner who makes the payments suddenly disap pears to Canton after the public examination, Official Receiver is halpions. On the public because prior to the public examination the

examination admissions are extracted which go to show preferential payment, and that Euro- poan frms have been paid to the exclusion of Chinove.

His Lordship-For the moment I will con solidate the petitions and make a reviving order,

Mr. Fletcher-I don't know whether I will be in order to ask for adjudication at the same time, but the assets are hardly sufficient to pay. the ront and the initial fors, and I wish to sell ns soon as I can to avoid further charges.

An adjudication order was made.

A DEBTOR'S PETITION.

Re A. H. Tavares, Mr. Fletcher stated that Mr. Tavares made this petition. There were some assets, but they were of a very doubtful nature. He had no ubjection to a receiving order being made.

An order was inade.accordingly.

ADJUDICATION ORDER,

Jé Rose White..

Mr. Hinds appeared in this case for the petitioning eroditor. Ho said there was a debt of $1,200, which was partly due for money lent and for goods supplied. The act of bankruptcy was giving notice of suspension of payment.

His Lordship-Whit is the notice? Mr. Hinds It was a vertal notice. A mas called to collect money and on February 4th debtor told him that she could not pay him, as she had suspended payment of all her debts.

His Lordship That must be proved. Mr. Hinds The man has made a declaration to that effect. The assets amennt to something 100000 and the liabilities to between

$10,000 and $15,000.

His Lordship-Yon must have something definite.

Mr. Hinds-$13,000

Mr. Fletcher said thero had been an interim order in forco. He had sold the debtor's property and the state was really wound up, so he would ask for adjudication, to which the debtor had no objection.

His Lordship-It is quite possible to maka Another argoment of the same natura and to say that a Chinaman may prefer his Chinese creditors.

Mr. Pottor-From the peculiar conditions of Hongkong it in extremely easy to make pay. ments which amount to fraudulent preference in such a way as to leave the Official Receiver absolutely powerless.

His Lordship-I should have thought that being so, the remedy is.for the legislature to make more stringent laws. I cannot stretch

the law.

Mr. Potter-But when your Lordship has in your hand a weapon which will tond to pats stop to that course of conlust you will use it,

His Lordship-You want mo. to assume the course of condnot

Thr. Potter-I want your Lordship to assume nothing. What I bope to prove in this case is that the Chiness creditors were excluded and the Europeans preferred. If your Lordship' will not somit the affidavit, I am going to ask. Receiver to go through the books. for an adjournmant to enable the Official

His Lordship-It seems to me that you might still have to do that, en supposing that

the man was produced and cross-examined. I cannot go on the, affidavit alone, but requira

other evidence.

M: Potter-It was only the day before res terday. that we ascertaine that this man had disappeared. Wo were relying on having him here and learning the facts of the case from him. Mr. Slado said he thought it would be of great assistance, and might save considerable Mr. Hinds--I don't think there is any power-subsequent costs, if he was permitted

to put before the Court his view o the law. Ho contended that the up- plication ought to be dismissed, as the Oficial Receiver entirely misapprehended the purport of the section. If paymont was made with a view to gaining time to sottle up his affairs, or with any other object other than that of defraud. ing the rest of his croitors, then it was

lately been sounded relative to their of the Court his Lordship authorised the in the Court entil after tho first meeting of

Official Receiver to take criminal proceedings orlitors. willingness to consider a compromise.against the debtor. Those proceedings were

NEW TURKISH LOAN.

Lovpoy, March 22nd. Router's correspondent at Berlin wires that the new Turkish Customs Loan of 160 million franes has been issued..

The lists closed iminediately.

THE BAGDAD RAILWAY.

LONDON, March 22nd, A Constantinople message states that the agreement between the Porte and the Bagdad Railway Company has been signed. It is expected that the railway will reach Bagdad in five

years.

brought in das course with the advics of the Crown Soliciter, and in the course of them eur- tain parties came forward and paid a sum suftleient to liquidate the debtor's liabilities. Presedings for a misdemeanour were thon withdraw.

discharge?

His Lordship-There is no objection to the

Mr. Fletcher-No.

Mr. Hinds stated that it was neither the bankrupt himself, nor the brother who was

His Lordship adjourned the matter inte Chambera.

ALLEGED FRAUDULENT PREFERENCE, The Kwong Sang firm v. Melohers & Co. Mr. Eldon Fotter, instructed by Mr. M. Reader Harris (of Mesars. Wilkinson & drist), appeared for the Official Receiver, and Mr. M. W. Slade, KC, instructed by Mr. Hung (of Messrs. Deacon, Looker & Deacon), represent od Messrs. Melchers & Co, prostaathorities.

fraudulent preferends.

His Lendship said he did not like to hear a one like this without first looking up the

Mr. Potter stated that this was an application The bearing was adjourned. on belalf of the Official Receiver that two pay.

charged with having committed this misdemeanouts made by the managing partner of the THE ANGLO JAPANESE ALLIANCE. our, who has paid this money. Both parties bankrupt firm to Messrs. Metchers & Co. be were auxious that the criminal proceedings should he proceeded with bacatra they had an

absinta answer to every charge made against

thea..

The discharge was granted.

set aside on the ground that such pay- ments amounted to fraudulent preference ander estion 21 of the Bankruptcy Ordinanco

A JAPANESE VIEW.......

Mr. Nesu, Chairman of the Common Script

and that they were contrary to the policy of Boalety in Shanghai, is quited as saying that the bankruptcy laws. The receiving order was Englishmen who deny the utility of the Anglo- made on October 28th, 1910, and the two APPLICATION FOR ADJUDICATION.

Paymonta which they said ought to be set who deny it are silly. England learned the Japanese Alliancs are superficial and Japanese Re Chung Thing Tung, Mr. Fleto er stated that tis was an applica same year. A potition was filed and the debtors of the Boxer outbreak. Bone people contend aside wore dafed the 4th ad 5th August of the value of the Alliance prospectively at the time tion for adjudication. All he partners had absconded, and one had been arrested in Shang and these proceedings were instituted as the India no occasion exists to borrow troops from were adjudicated bankrupt on the 25th November, that as there is a large British military force in hai with a large sum of money on bim. A result of cortain admissions made by the other Powers for service in a far-eastern conn- receiving order of held the of debtor dating his public examinatic. He try. But as a matter of fact the Briti al mi 1910. He had not held the ordinary meeting of hoped to prove to the Court that this tary establishment in India has no surplus creditors because he was not certain of the

man at a time when he knew he was insolvent strength for service abroad. That establish

unless it be on the ground that it does not that an operation was to be performed on the Basra as a port and terminus on the monies and was waiting for a detailed account gold stook-in-trade in his shop and divided meat numbers 270,000 then of all arms, and ost

become the Council to make any suggestion 14th inst.

In addition to the other changes R. W. Atkinson, formerly of Hongkong, is renounces

A Bangkok contemporary mentions that Mr announced yesterday the Company offering from blood poisoning of the foot, and

the construction of Port

Gulf in favour of the new Ottoman Company, wherein the Bagdad Com. pany consents to a lesser participation than the Ottoman capital, but on condition that the capital equals that of any non-Ottoman nation..

01 recommandation whatever to the At the Magistracy yesterday two Chinese boys

Secretary of State for the Colonies on the were ordered to bo whipped and to be detained subject. His Excellency the General Officer 8 hours for having been in unlawful possession Commanding the Troops desires to secure a of rice and for offering a bribe of thirty cents to vole of the Council requesting the perisa district watchman who arrested thom. sion of the Secretary of State for the The superintendent of a private girds' school Colonies to deduct from the Military Con- in Tokyo and 249 other women have presonted tribution accruing from Liquor duties in the Diet with o petition, staling that the present

FROM SOUTHERN NEWSPAPERS.]

from Shanghai. He asked for an order of ad- indication so that he could feal with the uniter.

His Lordship made the order,

¿VJUDICATED BANKRUPT

Be Chu Hok Chiu. Des

morall) made this application on behalf of the

Mr. Barlow (of Messrs. Goldring, Barlow &

petitioning creditor.

He said he obtained a

receiving order in January, and the act of bank. ruptcy was notice by the debtor of suspension

the proceeds amongst three European firms in this Colong

His Lordship--Are you applying to set aside

the whole P

Mr. Potter-I am only dealing with one Particular firm at present.

If

His Lordship-I cannot very well do that. do it at all I must do it against all. I cagnot very well single ontonë.

I

Mr. Potter said it was not a matter of singling

of the total only 70,000 are British. Not a man of the 70,000 can be spared for service beyond the seas. Thus when the Bozer trouble arose, England would have been seriously embarrassed bard she not been ablo to draw upon Japan's mili tary resources. It was out of the lesson then Isarnt that the Alliance may be said to have grown. Its uses from a British point of view ace therefore palpable,

The Japan Bail adds-Mr. Noru is not equally explicit in demonstrating the value of the Alliance from & Japanese point of Gucy of entering into details on that side of the the Alliance is the foundation stone of the peace

of payment. The debts amounted to about out one, and that would be clear when his Lozd view. He probably doubts the expedi

each year a sum equal to the ascertains law for the control of Japanese women secretly SANDHURST ENTRANCE EXAMINA- S120,000 and the assets were about $42,000. The ship saw the correspondence. There were two question. But he concludes by affirming that

going abroad is not sufficiently efficient, and

The Manchuria Daily News states that the army estimates, and dealing with the short. tor's information is somewhat inaccurate. An received notice from the solicitors instructed by restraining function. So long as Great Britain

age

amount of these duties paid by the Military that it is desirable to have much stricter regula

TION ABOLISHED.

petitioning creditor's debt was $512 for principal affidavits, ono by Mr. Fletcher, and the second was and Naval Authorities, and that such sumtions in order to prevent female stowaways fwm

London, March 15th.

sud interest duo on a promissory note,

the declaration of the late managing partner of the paid as heretofore to the Military and sailing abroad."

Mr. Haldane, introducing the British

Mr. Fletchor-I think the petitioning credibankrupt firm. Regarding the latter, they had Faval Authorities in order that the officers and men of His Majesty's Naval and Land present plague situation has impressed upon of nomination for Sandhurst by headmasters, 21st, and from what the bailiff tells me the debt- aramination. Unfortunately they were not able of officers, proposed to adopt the system interim receiving order was made on January Melchers & Co. to produce the debtor for cross Forces may not suffer financially from the Viceroy Hsi-ling as nothing else can, the pri who would be required to say that the or had nothing to seize. imposition of the duties while serving in mary importance of propagating medical and nominees had shown the real

to produce him, but notes of his public examina tion were taken. this Colony, It seems to us that the hygienic knowledge among the general populace. Englishmen. the real capacity of The Viceroy is reported to be considering seri Civilian population might seek relief on ously the project of establishing at Mukden a abolished and each case recommended would!

The preliminary examination would be precisely the same gronads, though, as we medical college on an extensive soule.

be considered

of His Lordship Then you doubt the assets?

Mr. Fletcher The assets are said to be $43,000, $23,000 dae on a promissory note and $20,000 in goods. When I wrote to my friend

Mr. Blade-Whatever this man said in public examination is not evidence against Melchers & Co.

of the East. We ourselves may supplement this by saying that a feature too often fost sight of in discussing the merits of the Allianco is its

aggression can be adopted by either in the Far and Japan walk band in hand to policy of East, and when complaints are attered about Japan's closing the door in Manchuria and dis- criminating against Occidentals, the formulators of these charges seem to forget that the polior of Japan must always be an all fours with the policy of England in those regions.