1912-06-21 — Page 3

Page

SUPREME COURT.

Thursday, 20th June.

IN BANKRUPTCy JustspičtioN.

Before Tur Chiy JUSTICE (Hos. Mu.

REMS DAVIES, K.C)

Mow Fung made an application for his discharge as a bankrupt.

Mr. Fletcher, the Official Receiver, said The applicant carried on business, with Dady Burjor, as werchants and commis sion agents. On June 27th an interim: nceiving order was made against the firm by a creditor. A receiving order was! made on July oth and the debtor was ad judicated bankrupt on July 13th. bankrupt joined the firm in 1907, and At that time he had a branch of the husi- ness under his control. Since 1909 he had had full control of the business in Hong

When he joined the firm there kong.

THE HONGKONG DAILY PRESS, FRIDAY, JUNE 21ST

Bir. Fletcher-The debtor proposes to pay $20 per month out of a salary of 872,.| for the benefit of his creditors. That sum is, I think, reasonable." "I would ask that the examination be closed and add judication be deferred.

His Lordship-If you get free of your creditors, don't you go and borrow any more from those money-lenders. They en courage you to rob, not only yourself, but

others.

The examination was closed.

IN BUMMARY JURISDICTION.

Berone Ma. H. H. J. GOMPERTZ (PUSANE JUDGE).

AN OPIUM TRANSACTION.

The This was a case in which the Chee Wo firmi, customs agents and brokers, sued the Tong Fat firm of opium dealers, for 448.87. being balance due from the defen- dants to the plaintiffs in respect of duty and likin paid by the plaintiffs for and were considerable outstanding linbilities, on behalf of defendants, on one case of which he, the Official Receiver, was sklis Patna opium imported per as: Shin her fiel Mr. Mow Fang did not know of. Mr. at the request of the defendants. Dady Burjor kept drawing out large suns for his own account, with the result that the liabilities became so large that the firm became insolvent. The business

|

Mr. F. S. D'Almada appeared for the plaintifs, and Mr. F. B. L. Bowley for the defondants.

|

|

EUROPEAN LIMITED

PARTNERSHIPS.

The following correspondence has passed between the Government and the Chamber of Commierer:--

Colonial Secretary's Office,

28th February, 1912.- SIR-1 am directed to transmit the enclosed copy of a letter dated the 22nd instant from Messrs. Johnson, Stokes & Master, and I am to enquire whether in the opinion of your Committee there is sufficient denmand to justify the proposed legislation. I am, cte,

(Sgd.) Claud 'SEVERN,

Colonial Seeretary. The Secretary,

Hongkong Chamber of Commerce.

(Copy)

Hingkong, 22nd February," "WIE." SIR-We have recently been casuited by. European firmas of standing and repute in this Colony, who desire to take into their firms partiers whom liability they desire to limit to the amount of the capital to be brought into the firm by the proposal now partners..

We have advised them that this The defence was that, on or about May arrangement cannot at present be effect- of the firm was, on the whole, well mainth, 1911, defendants' agents, the Wo Fat,d in this Clony, na ander the Partner ager Some months prior to the receiv shipped one case of Patna opium on ip Ordinance of Hongkong the liability ing order being made. Mr. Mow Fung ward the s.. Shun Lee at Hongkong, and of each partner in a European firm is Helst have known that the business was consigned the chest to the plaintiffs at not in the position that it might have Kong Mun, in China, for delivery to the im. He had to resort to various expe Wai Tung, of Chick Hem, in China, on dients to obtain money, and the money he

unlimited.

PROPOSED HARBOUR

IMPROVEMENT.

1912.

ALLEGED INFRINGEMENT OF TRADE MARKS.

LIFE-SAVING AT SEA,

“COMMENDABLE SYSTEM ON 1.K.K. STEAMERS. The hearing was concladed at the

Of interest to the travelling public is The following correspondence has been Magistracy yesterday before Mr. Mol- the following letter by Congressman Red forwarded to us by the Secretary of the bourne of the case in which the Wo Leo | field Hongkong General Chamber of Com-proceeded against the Lam Fat Shing for merce for publication :-

infringing complainants' trade mark ap plied to grass cloth.

4.

To Editor of the New York Times. In all the discussions about the Titanic disaster I have seen no reference to the methods used on the Japanese steamships operated by the Toyo Kisen Kaisha (Oriental Steamship Co.) operating be tween San Francisco, Japan, and 'Hong- kong.

Colonial Secretary's Office,

30th January, 1012, Mr. Potter said it had been contended S16.-I am directed to inform you that by his friend that the case should be dis- the Government has recently had under missed because the defendants had not consideration the improvement of the falsely applied the trade mark but only When taking recently two voyages on.

a portion of it, hat the mere fact of ap-vessels of this Company my attention was Western entrance to the Harbour with a view to providing increased facilities plying an essential portion of a trade mark enlled, when catering my cabin for, the was an offence under the Marchandish first time on each voyage, to plainly for ships of deep draft making use of Trade Marks Ordinance. If his friend's Printed card which was framed and hung in the cabin is a prominent place. The card gave the number and the location of the particular lifeboat to which the oe- supants of that cabin were assigned, and, if I recall correctly, stated the officer in charge of that boat.

this port.

argument was correct there was no protec- 2- The Harbour Master has given ittion to the persons registering trade as his opinion that if a channel were marks, aut if his Worship were to hold made, as indicated on the chart enclosed, that defendants had not committed an giving a breadth of 21 cables and a depth at low water of 5 lathons so that deep läden ships could enter by the Sulphur Channel at any state of the tide, the conditions of the port would then be first

eluss,

3.--The

offence although they had taken sa resan- tial part of complainants' trade mark ke submitted that the object of the Ordinance would be defeated.

Alr. Bratton said his friend had pinned his whole case on the trade mark. Had Director of Public Works defendants infringed the trade mark—not roughly estimates the cost of the proposal antial portion of a trade mark but at $390,000, assuming that the bottom to the whole trade mark! Defendants had be dredged in suit and allowing $30,000 to falsely apply the whole of the trade for docking and refitting the Government mark before they were guilty. If a rose dredge. If the dredging were dumped appeared in complainants' trade mark in the deep water to the left of Green and a rose appeared in defendants' trade east would be reduced by $10,000. It ants said that defendants bad falsely ap Island or on the bank to the North, theck then defendants, on his friend's contention, would be guilty. Complain- might also be possible to use the spoit in plied complainants' trade mark to defen- connection with the suggested Praya dants' goods, and he put it to his Wor ship that the trade marks were dissimilar. Complainants had to prove that the trade mark adopted by defondants was calculat- ed to deceive purchasers.

received he put into the general fund payment by the Wai Tung of all freight. Partnerships Act, 1907, Limited Partner East reclamation.

He must have known, however, that the

firm could not continue.

His Lordship-This all can out at the public examination!

was Mr. Fletcher-Yes, the laney credited to the general account. i think they drew against it. In this case Mr. Mow Fung must have know----

His Lordship That the firm was insol-; rent?

Mr. Fleteber--Yes.

His Lordship --Did Mr. Mow Fung per- sonally get any benefit out of these suras?

Mr. Fletcher--No.

Me. Fletcher stated that the debtor re- received two sum of £100 each as an ad- vance from John Begg & Co., for whom he had contracted to sell the firm's | whisky.

"His Lordship-1' have not inquired into that; I must aestue that it is so.

Mr. FletcherIt has been falis gone into my Lord.

If is Lordship--The assets will not real-

is 20 per cent. ?

Mr. Fletcher-Nothing like it.

duties and other charges. Hefendants did

In England, by virtue of the Limited ships way be formed in the warmer pro- vided by the Act, and the liability of any

person who is duly registered in accord ance with the Act as a limited partner is fimited to the amount contributed by him to the firm,

not know whether the chest of opium was was not delivered by the plaintiffs to Wai Tung, but if it was so delivered it was the duty of the plaintiffs to recover, from the Wui Tung the amount of all

The provisions in this Act have con- freight, duties, and other charges die bursed by the plaintiffs in respect of such ferred many practical advantages on chest. Defendants denied that the plain.business firms. It has enabled them to tiff paid Th. 482 in respect of duties or obtain a much larger command of capital other charges on behalf of defendants, than they would have otherwise beer! His Lordship gave judgment for defen-enabled to obtain, and it has thus diants.

increased their stability and given them greater opportunities to extend their business. The Government of Hongkong have already, by the Chinese Partnerships Ordinance, 1911, recognised a number of Limited Partnerships so far as Chinese firms are concerned, and our clients bare From The Times of May 31st we take the instructed us to suggest to your Govern following:

ment the desirability of extending the

CHINESE ENGINEERING AND

MINING COMPANY.

PROPOSED WORKING ARRANGEMENT.

In conclusion we would beg leave to inform you that one of our clients is

Company announces that an extraordin

The Chinese Engineering and Mining principle to European firms by reenact ary general meeting of the company willing in Hongkong the English Limited be held on June 7th best for the purpose Fartnerships Act, 1907. of submitting to the shareholdere certain arrangements which have been come to between the company and the Grand Min- His Lordship-It is impossible to granting Company of Peyang and Lanchow extremely desirous of thus re-construct- a discharge.

(the Lanehow Mining Company), with the Mr. Fletcher-The discharge must be approval of the British and Chinese Goving their firm at the earliest possible moment, and we would therefore lng that suspended.

this matter should have your early attention. We have, etc.,

His Lordship-Yes, it must be suspend- e under section 27, because the assets will not realise per cent.

The debtor stated that he had hoped in time to make the business successful. He did not know anything about the smaller .. details.

ernments,

The arrangement provides, among other things, that the two companies are to retain their separate existence, but are to combine to form an association to be called the Kailan Mining Administration, which will administer the business of the two companies in Chian.

The profits made by the Administration up to £300,000 are to be applied as fol

His Lordship-Probably he was the vic-lows 1-60 per cent, to the Chinese tim of his predecessors:

Mr. Fletcher--The failure of the firm was due to his predecessors. The last transactions, however, had nothing to do with his predecessors.

His Lordship-I am bound to suspend yon, under the law as it stands here Are you carrying on business yourself?

The debtor-No, my Lord, I have a

partner.

His Lordship-Are you in a position to guarantee payment if I fix a period?

The debtor-1 am not in a position to make any definite promise. If I do suc ceed in making this business go, I will certainly pay back all the people who have lost their money.

The debtor was suspended for eighteen

months.

ORDER TO ADMINISTER.

(8d.) JOHNSON, Stokes & Master, The Honourable,

The Colonial Seeraiy

Hongkong Chamber of Commerce,

12th March, 191% Sin-I have the honour to acknowledge Engineering and Mining Company (Limited), and 10 per cent," to the Lan the receipt of your letter of the 28th chow Mining Company, any excess to be February, 1912, and in reply beg to state. divided equally between the two com that after consideration the Committee panics. The net profits are to be arrived of this Chamber are of opinion the at after deduction of interest on the Delegislation asked for by Messrs. Johnson bentures, provision for redemption of the Debentures in 50 years, sud setting aside Stokes & Master might well be proceeded

reserve fund (which shall betong equally. to both companies) of 35 per cent in the gross profits, or not less than £35.000 per angun. Any additional capital requir ed is to be provided equally by the two companies.

with.

4.- The work would have to be carried vat gradually, the expenditure un it being limited to such amount as could be annually provided in the estimates and it might be possible to appropriate $40,000 for the purpose in the Colonial Budget for 1813.

5---1 am directed to invite the opinion of your "Chamber on the proposal,-

] amn, etc.,

(Sgal.) C. CLEMENTI,

Colonial Secretary.

Tin Secretary,

Hongkong Chamber of Cominerce,

Hongkong Chamber of Commerce,

25th February, 1912 Sin-I have to acknowledge receipt of your letter of th ultimo (No. 6522/05, C.O.D.) informing this Chamber that the Government has had under considera in the question of improving the entrance to the Harbour by dredging a certain section of the channel immediately to the Eastward of Green Island.

The advantages to be derived by intro ducing Limited Partnerships in Hong

us are set forth in the letter from that firm, viz., the increased facilities offered for investing capital both to the firin Pase, as is the custom of the deep draught A deliberating board is to be establish desiring capital and by the investor who vessels of the P. & O. and other British ed in Tientsiu, three members to be ap. wishes to obtain a return on his money pointed by each company; the company without further risk than would be Companies. which has issued the largest amount of incurred by holding shares in a Limited. Dobentures is to have a casting vote. ALiability Company,

The Hongkong Government. have Chief Manager and Assistant Manager

So far as can be foreseen while the opening of the Panama Canal will prob- ably make a great change in the shipping trade to the Far East, the draught of vessels calling ut Hongkong will not be much, if at all, increased.

Should experience prove that the above

the trade marks were not indentical. The His Worship said it seemed to him that only point was the character which was

used in each.

Mr. Potter replied that if his friend's argument were correct anyone could take part of a trade mark, any essential part, truthfully say he had not taker the trade put it in different surroundings nod | mark.

Mr. Brutton made a réniark which was not audible to the Press.

Mr. Potter-What do you say?

Mr. Brutton-asked you for the date. Mr. Potter-You did not only ask for the date, you used extremely bad language. Mr. Brutton-I ask you to stick to the troth.

Mr. Potter-My friend alleges that I ans telling lios. I am not accustomed to being addressed in that way. I would not stand it from my friend at any rate. been asked to decide that case, because His Worship said he was sorry he had there was a case pending in the Supreme Court He discharged the defendant.

the

place alloted to me in case of disaster, it Having my attention called thus to the

where and what it was, and I found that was natural to go to that wont to and

other passengers had done the same thing, In like manner one became acquainted with the officer in whose charge he would be in case of trouble.

It furthermore obvious from this ar

rangement that lifeboats were provides sufficient, at least, for all the passengers and some, not all, of the crew.

WILLIAM C. REDFO.D. Washington, DC. April 27th, 1912,

TWO NEW г. & Ò. STEAMERS ORDERED.

The directors of the Peninsular and Oriental Steam Navigation Company have placed an order for two additional steainers of the Ballarat class, each of vice (formerly the Blue Anchor Line) of 11,100 tons, for the P. & O. branch ser- one-class steamers to Australia by way branch fleet since the purchase of the line of the Cape. The total additions to the

by the P. & O. Company will, with the completion of these new vessels, have nearly 60,000 tons register. amounted to five steamers aggregating

INTIMATIONS

Chs.

J.

Gaupp

& Co..

Alexandra Buildings,

CHATER ROAD,

stock of

THE FRENCH MUNICIPAL COUNCIL AT SHANGHAI

MEMGERS SUSPENDED BY THE CONSUL

The French Consul-General, M. Dejean de la Batie, who is President of the Always have on hand a very large complete Council, addressed

to a letter French Council last week in which he intimated that the members had been suspended from duty and that a conmission "of urgence" would be con- stituted by the Consul-General to take their place in carrying on the affairs of the concession. The letter, of which the following is a translation, rende:

new

SCIENTIFIC AND

SURVEYING INSTRUMENTS

Transits, Levels, Plane Tables, Prismatic mad: Bight Compasses, Hand Levels, &c., &c.)

also

DRAWING

INSTRUMENTS

AND MATERIAL

not(T Squares, Bet Squares, Straight Edges,

Scales, Ink, &o, &c.)

46

W. F. ETANLEY & Co., LTD., LONDON.

E. R. WATTS & SON, LTD., LONDON.

The proposal as set forth in your letter under reply has now been considered by the Committee of the Chambor, and I Cam, rected to reply that in their topidian it is not imperative that the pro- posed section of the Sulphur Channel should be dredged, while the benefit to the shipping would be small and out of all propartion to the sum it is estimated would have to be spent on the work.

The Channel as it now exists is sufficient

We, M. Dejean de la Batie, Consul- for the needs of the average ocean General of France. Chevalier of the

Legion of Honour:- steamer visiting this part.

Sireing that in the relations between the Vessels drawing 25 feet and upwards French Consul-General and the Conas do occasionally visit this port, but those d'Administration Municipale de la Con can either enter the harbour from the cession Francaise de Shanghai, reciprocal Westward by passing North of Green understanding and good confidence are Island, as is usually done by the steamers ssary; seeing that such has

existed for some time; seeing that on of the Pacific Mail Company, or by several occasions the Council has mani- making the comparatively slight detour fested systematic hostility towards the to the Eastward through the Lyeeman chief of the Garde Municipal (French AGENTS FOR~~

Police) and in a general manner towards the service of the police force, an -thr authority which belongs solely o Consul-General, and, that, by its manner of acting, it provokes disagreeable mis- understandings in the pulies service, and risks the possibility of lowering the chief are to be appointed by the deliberating already accepted the principle as far as

of polier in the estimation of the per- sonnel of his command; seeing that as board. The Chief Manager is to have the Chinese are concerned, while, as you are control of all business affairs.

nware, the Home Government have

appears from the minutes of the Inst sitting of the Council, the members have The mining area of the Administration already legislated in this direction in

shown a want of respect towards the is to be limited to the mining areas of bringing in the Limited Partnerships

Consul-General himself; seeing that This was an application by R. Aitken the two companies as originally fixed and | Act of 1907. for an order to administer the bankruption official record. Within that area no A demand having now arisen for forecast is incorrect and that deeper under these circumstances it is impossible estate of S. Farrel. The application was development is to be allowed by competi-similar facilities in Hongkong, the Com-vessels do visit the port, the whole ques that the administration of affairs can be nade by Mr. Otto Kong Sing for the ad-tore.

mittee are of opinion it will be to the tion will require reconsideration, as it carried on further by the present Coun. eil; and in the present circumstances it After the shareholfers have received benefit of the Colony were a similar Bill ministrator, who applied as a creditor. £180,000 out of the profits, one-fifteenth to fe hrought in in the local Lagisla would appear that under such conditions is impossible that a state of permanent The business had been that of engineers, part of the remaining profits are to be ture--I am, etc,

a new survey of the entire harbour would conflict should be established between the be necessary and a comprehensive scheme Consul-General and the Municipal Coun- in partnership with another misi The handed over to the Province of Chihli for

the development of industries..

considered for dredging far more than cil; therefore, under Article 8 of the tha application was for 81,873, for money

the comparatively small section now Regulations of Organisation of

French Concession, dated April 14th, tent, legal expenses, and probate duty

under consideration. held in security. Letters of administra

In view of these facts my Committer 1808, we have ordered and order:

Article 1-That the Municipal Council Coloniul Secretary's Office,

are of opinion that the proposed scheme tion were granted to him in the estate,

20th April, 19)%. but the estate was not sufficient to pay to be agreed upon nited), at a price

should be abandoned, but suggest that a actually exercising functions be suspend- both parties. by

Sin-Referring to your letters of 12th notification might very well be published ed, and an account of the matter shall the duties, The liabilities were 870,000,- The present Chinese Engineering and March and 24th instant on the subject by the Harbour Department indicating be rendered to the Minister of Foreign and the assete

Mining Company will be liquidated and $81,000 or. there-

share capi- a new company formed with

of Limited Partnerships, I am directed the course deep draught vessels should Affairs in Paris as well as the French abouts. In respect lo the proper-tal of £1,000,000 sterling, which will ac- to inform you that Bill has been follow if entering or leaving the Harbour Minister to Peking, as prescribed by the

drafted which will be brought before the by the Channel North of Green Island. article cited above. tics at present held in moiety, one quire all the rights of the present com- Legislative Council at its next meeting. I am, etc.,

The new company will make an moiety belonged to the late partner, and pay

2-1 attach a print of the Bill, and 1

(Sgd) E. A. M. WILLIAMS, cent. Debentures to provide.

Secretary. the other to the estate. There had been funds for the following purposes: The shall be glad to learn whether it meets some difficulty in realising on the estates. redemption of the First and Second De- the views of your committee.I am, ete. The Honourable,

(Sgd.) E. BULLOCK,

The Colonial Secretary, bentures of the present company, amount-

for Colonial Secretary. The properties were mortgaged, but the

The provision ing together to 2460,000 administrator hoped to realise something. of £50,000 working capital for the Kailan The Secretary.

Administration. The

of payment Hongkong Chamber of Commerce. The Official Receiver said he had no ob Mining

taels 3,500,000 to the Lanchow Mining jection to the order, which was according Company to provide for its debts. A für Hongkong Chamber of Commerce, ly granted.

ther payment of taslu 500,000 to the Lan-

15th Jan, 1912. chow Mining Company. The payment of SI-I am directed to acknowledge the A public examination was held in con- taels 500,000 to the Viceroy of Chihli as receipt of your letter of the 26th April, nection with the bankruptcy of A. M representing the Chinese Government. 1912 (No. 950/1012), enclosing copy of a Costa. The debtor said he had borrowed Yen

payout of tatint action of to Chang draft Bill on the subject of Limited

in full satisfaction of all claims Partnerships.

My Committee are glad to note that various small sumus, and in nearly every in connection with the present company ease the money-lenders had made him sign and its affairs. The payment not exceed the Bill has passed the Legislative Coun

cil-1 am, etc., for double the amount. The average in ing taels 400,000 in respect of other i

ties in China. The premium on the re terest was 120 per cent. per annum. He demption of existing Debentures, and the had often to borrow again to pay off the commission and charges for placing the

Debentures of the new company. original loans.

EXORBITANT INTEREST.

(Sgd.) EDBERT A. R

Chairme

The Colonial Secretary.

After ten years front the date of the The Honourable, agreement the Lanchew Mining Company ......... is to have the right to purchase the whole property of the Chinese Engineering and Mining Company

issue of 6.

The

per

*

(Sgd.) E A. M. WILLIAMS, Secretary-

The Honourable,

The Colonial Secretary.

CHINESE PORK.

Article That a commission of urgence" will be provisionally constitut. ed, under the presidency of the Consul- General, to whone will be charged the adininistration of the French Concession in conformance with the regulations.

M. Dejean de la Batic, in an inter view, said that it the members of the Council or the inhabitants of the French Concession were dissatisfed with the During the month of April a vessel decision he had arrived at, they could give arrived in the Victoria Dock from China voice to their feeling in the matter by bringing 60 pig-carcases from Shanghai. forwarding an application to the French at Paris. He himself Four were found to be diseased, and were Minister to Peking and the Foreign seized and destroyed. There were also on fair bit board 40 carcases of pigs from Harbin,would submit a report of the matter to in Manchuria, which had not been these headquarters; in fact he was The Council or Besides, obliged to do so. examined down to May 30th. there were 56 packages from Manchuria, inhabitants could send on an independent which contained pigs' carcase. These report of their version of the disagree- latter were not allowed to be imported, ment. Part of the trouble had already as the foreign meat regulations had not been reported to Peking by himself, been complied with.

acting with the consent of the Council.

WE ELIMINATE

BY USING THE LATEST AND MOST SCIENTIFIC APPLIANCES ·

GUESSWORK

in testing the sight for glasses. Your eyesight is the most precious of your senses and you cannot afford to jeapordizo it by using incorrect lenses or ill-fitting frames. We are competent prof and we have the equipment to onrealves and to satisfy YOU what is best for your eyes. If a physician is. needed wo will so advise you. Lenres ground and polished on the premises.

OLARK & CO.

SCIENTIFIC

OPTICIANS

YORK BLDGS, CHATER RETM

HONGKONG