1914-04-04 — Page 3

Page

THE

NAM

THE HONGKONG DAILY PRESS SATURDAY, APRIL 4TH, 1914

Mr. Sharp also asked their Lordships to certify for three Counsel,

The Chief Justice sail that he would the Registrar At present he thought it was very improbable that thres Counsel would be allowed. He would reserve the argument on the matter and the question of costs for Chambers;

COMPANY REPORT

UNION INSURANCE BOCIETY OF CANTON, ETD

The Report rends

shareholders a balance sheet containing The Board has now to lay before the

A summary of the property and liabilities of the Society on the sett December, 1913, and a same date statement of accounts to the interim dividend of $30 per share and 1919 Account-Aftor payment of the the bonus of 20 per cent to Contributors passed at the last annual meeting there remains a balance of $966, 142.11, as por annexed statement,

The Board recommends that this sum bo appropriated as follows:

A final dividend to share- holders of $20 per share on

Bumo-Asiatic Bank. The claim was for capaerty on the writ Sloman Governor but contrary to principle. While apart RISING CRUSHED IN SHUN TAK 12,400 sharesīvi. 248,000.00%

DISTRICT

Our Canton correspondent writes:

Some time ago, the Tatuh, received

reports from some Government spies to the effect that certain rebel leaders had established headquarters in Sheung Kee village.

Shun Tak district, for the

An addition to the Storling. Resorve Fund of £25,000 ab Exchange Ls 11id.

268,064.52

To be carried forward to

Underwriting Suspense Ac cuunt to close the neegtint. for the year 1912 ) 460,077.59

8930,142.11

32,712,076.07, as per annexed statement,

vexatious, and an abuse of the process of public of Chiun, the State recognised Judgment of Lord Robertson was brigands had been collected together and that bonus of 20 per cent, be paid to

the Court

JUDGMENT OF DRIEF JUSTICE.

in accordance with Clause 60 of the Articles of Association, Mr. S. H Dodwell and Mr. J. A Plummer retire, having resigned, the Board appointed but offer themselves for re-elections dr. Bernard Brown to audit is C. Pernard Brown retire, but offer the present Accounts: Messe, A. R. Love and

Auditors —–—– Mr. W. Hutton" Potts

Government of Kwangtung, and (3) that connected directly with official recognition is further stated that by the constitution were killed and several captured. The elves for re-election.RARY

WL PATTENDEN,

Chairman, Hongkong, 2nd April, 1914

-WORKING ACCOUNT, 1912. On 31st December, 1013,

Po Nets Premium:

84,539,680,99 585,280,20

85,124,941.19.

CHUNG. SAU

the defendant's Bank in Hongkong And is the only person who can sue here APPEAL.

in the alternative the plaintiff claims in respect of the public or interest from the defendant Chung Bar Nam of that State Now In that case the The Chief Justice said there ought to be $150,000 liquidated damages, Particulare defendants who were ship buildings, had very strong grounds for certifying three JUDGMENTS OF THE TWO JUDGES, Sam received by defondant Chang Khu entered into a contract with this Minister Counsel. He would like to consult with Nam from the Commissioner of Finance of Marine of Spain to build certain the Registrar su to what the practice had At the Supreme Court (in Appellate for the Province of Kwangtung in the to enforce the contract and the Court, Sharp remarked that he could show

shipa The Minister brought an action woon. Jurisdiction) yesterday, the Chief Justice, Republls of China, 8130,000 held that the right to enforce that con- good grounds. Bir William Roes Davies, K.C., and thesis Piggott for the defendant is that truc aut the penalties under it in Sir Francis Piggots stated that to

first ground relied upon by Sir Fuzene Judge, Mr H H. J. Gompertz, the plaintiffs have no right of suit in the

the contracting party. It was proved corbify two Counsel was but a recent gave their judgments in the appol on British Courts. He maintains that the that by the constitution of Spain the importation into that Court, and even in Minister had a right to recover the money England to certify three Counsel would the dismissed of the motion in connection Court knows nothing of and not and it was held that this amounted to be very exceptional

recognise the Province of Kwangtung Kur proof that the King was bound by the with the action, botwein Lung Chai does know the officers whose names and Minister'e acts dozie in his region and Kwong, Governor-General of the Pro titles appear on the writ, as plaintiffe province. But the ease goes further, vince of Kwangtung, and Woo Ming-pun, The plaintiffs baving no right of suit, the Lord Robertson says, p. BaNow the action cannot stocced and must be dia theory is that even if this be the Commissioner of Finance for the Pro missed in limine. If the Province has a constitution of Spain the king alone can vince of Kwangtung and the Republic of right of action then the individuals sne in our Courts. This seems to me not China, against Churg San Nam and the claiming to represent it should state their only unsupported by international law, and Government of Colony of New from more particular information about the return of B150,000, property of the Zealand, LC.P.D. 163 That case hold the country in question, our Courts will Government of the Provines of Ewang that there was no such corporation as the assume that where there is a monarch tung, which sun was had and received by Governor and Government of New public property is vested in him, this

Zealand

So does not touch the present case In the Chung Sau Nam for the purpose of being The next caso relied on was USA frst place, it proves no more than that remitted forthwith to Nanking, but which Wagner Law Reports, 2, Ch 682: for the the King may tue, not that he mist due defendant had not remitted, but had doctrine that, us, in a monarchical State But, further, the present is not a question misappropriated to his own use, the said the public property of the State is as to the person in whom the property assumed to be vested in the sovereign so but in whom in the legal right to sum, or portion thereof, now being in a Hepublic the sovereign power is held administer this property, and the 11th deposited in the defendant Bank. In the remain and reside in the State itself article of the condescendence says that pose of organising a rebellion. The 1913 Account. The Balanos of Working alternative the plaintiffs claimed from the and not in any officer of the State: Then, the right to deal with this particular principal leaders were Lak Ling and Account on the 31st December, 1913, was the rule being that the proper plaintif Property is by Spanish Law where the Lak Sheung, who were said to have been The Board recommends that an interim

contract would load one to expect it defendant $150,000, liquidated is to be sought in the owner of the subject would be, and that is in the Minister for entrusted with the plot by Chu Chup-dividend of 80 per share be paid to

motion

was that the matter of the suit, it is urged that the whom the contract was made. This . About eight or nine hundred shareholders, absorbing 8372,000.00, and damages. The action be dismissed as frivolous, proper plaintiff here should have been the

approved by the high authority of Lord large stores of provisions and ammunition and that the remainder be carried contributors, absorbing about $250,000.00, by the King's Government, and that Lindley individual officers of the State have no

Now comparing the principle here laid spre stocked. The plot was to first suck forward

Directors:Since the last general Bir Francis Piggott and Mr. G. O right of suit For the King, it is said, down with the judgment I have referred the market town of Lok Chung, and then meeting the directors have had to deplore Alabaster (instructed by Mr. W. B. Hind, has nothing to do with the constitution to in US Wagner, does it not clearly to attack Fatshen, from which two the death of their late colleague, Mr. of Mr G. K. Hall Brutton's office) of China, and if the King does not appear that the presumptions that in places they expected to be able to net Friesland, Mr. Fr. Lieb and Mr. P. H.

recognise a Province neither can the monarchy the sovereign must sue, and represented Chung Sau Nam; and Mr. King's Courts. The Province of Kwang in a republic the State, are prima facie several millions of dollars, with which Armstrong have resigned their seats and MEE. Goetz, of Messro Arnhold, E. H. Sharp, K.C., Mr. Eldon Potter, tung is not a recognized body politic only and may be rebuting by evidence they could considerably increase their Karberg & Co and Mr. P. H. Holyoak, and Mr 0. F. Jenkin (instructed by M. The City of Berne. The Bank of Eng of the constitation of the State In the mon for the purpom of attacking Canton of Mears. Reiss & Co, have joined the

land, 9, Vesey, 347, was next referred to case of the President of the U.S. v. Drum- Hastings) were for the Chinese officials. In that case the plaintiff on behalf of mond the title to me for the recovery of On receipt of these reports, Tutuh Lang Board.

himself and the other member of the a legacy given to the State was proved ordered Commanders Li and Isu, who to be in the President. Similarly here, In the course of his judgment the Chief Coramon Council Chamber of the City on the evidence shows that Kwangtung istore in Bhun Tak, to attack the rebels Justico said the application was based Berne in Switzerland, moved for an on the ground in Hongkong, and (2) ing Government of Switzerland, not Republic of Chia, that the Treasury of Kee village on the night of the 27th ult. on three grounds, (1) the plaintiff had injunction, and it was held that the exist one of the constituent provincas of the They arrived with 200 soldiers in Sheung having been recognized by the British the province has belonged to the Province that if there was any right to the money Government, could not be noticed by this iteelf from time immemorial and is and met with opposition from the rebels. which was denied, it was in the Central Government, and not in the Provincial Buglish Courter the right of sui: being entirely provincial in its character. It A skirmish ensued, in which four rebels

of the Republic of China the Governor-

captives said that they had been (stated briefly) the claim, as it appeared by the Government of the State. Now the General of the Province of Kwangtung

the endorsement to the writ of principle laid down in U.... Wagner jointly with the Commissioner of Finance induced to join the rebel movement by summons, was badly conceived. As to the case most strongly relied on for the of the said Province, or the Governor Chu Chup-sun and that the headquarters the first ground, the Chief Justice defendant, is concisely summarized in the General alone, has authority, a repre

hend note in the Law Reports assenting the said Province, to sue for the were Luk Ling's house. Commander Li proceeded, I have had an opportunity,

money the subject matter of this action; at once made for this house, but no one aftor a full consideration of the follower-one per authorities cited in argument of con- A foreign sovereign State adopting ad to recover the same; and to take any was in the house when he reached it ferring with my learned brother upon the republican, form of government, and steps which may be necessary in connes them, and I entirely agree with the con- recognized by the Government of Hortion with this action. It is also stated However, he succeeded in seizing a large To Interest clusion at which he has arrived in a lucid Majesty, can sue in the Courts of Hor that the Foreign Office of the Central quantity of arms and ammunition and Government In Peking has been informed letters and documents concerning the and well-considered judgment, and need Majesty in its own name so recognized.

Such State is not bound to sue in of, and has approved, the prosent proceed- add nothing to it

As to the second ground. I have very the name of any oficer of the Government ing This evidence seems to me to con- plot. A part of the expedition went in recently, on the habeas corps proceedings or join as co-plaintiff any officer on whom clude the matter as far as concerns the pursuit of the fugitive rebels and were in a fully considered judgment, expressed Process may be served, and who may be motion now before us. At the trial of successful in discovering a further lot of an opinion adverse to the defendant's called upon to give discovery in a cross the action the burden of establing arms and also two young boys, whe lind

their claim will of course, be on the soutention, and it would be mere

Page Wood VC had held in the plaintiffs Here the onus is on the defen- been held up for ransom, at Leung Kan redundance to repeat it.

As to the third ground, I think the Court below that a foreign sovereign State dant to show that a prima facie case has village. The boya had been kept in custody for several months and evidently: the next objection is premature. The defendant is not entitled to que in the English not been made out may apply for a statement of clairs, and Courts without putting forward some This brings nie to the next ground knew a lot about the plot, as with their 19 stated as follows: If there are assistance, the soldiers captured 15 of the by his defence can raise every legal issue public officer as representing their that goes either to the form or foundation interests, upon when process may be any rights at all to this money (I presume important rebel chiefs, who were shot dead

than the defendant); which is denied. Since the abolition of demurrera, a served, and who can be called upon to that this means that any person other at Tok Chung suminary process has been substituted for give discovery upon a cross bill The They are in the Central Government, and getting rid of pleadings, which show no Court of Appeal reversed this decision, reasonable cause of action or delenco, pointing out that no injustice could be not in the Provincial Government. Thus, been Provincial Government -money, it wishes to raise the question whether to sue in their own name. The Court did not, on the cancellation of the Pro Two courses are open to a defendant who done in this case by allowing the USA. even assuming that this money ever had statement of claim entitles the plaintiff examined carefully the principles govern clamation of Independence, revert to the to relief. One method is to raise the ing the right of suit in the English Provincial Government, but to the Cen question of law by his pleadings, and any Courts of a foreign State. The Lord tral Government. We are requested point so raised would be disposed of at Chancellor said at page 597 In the materials before to come to the the trial, provided that by consent of the monarchy all the public rights and conclusion that the Provincial Govern- Court, on the application of either party interests of the nation are vested in, and ment of Ewangtung was superseded by the same may be set down for hearing and represented by the Monarch In a new political entity, an independent disposed of at any time, before the trial republic, they are the property of the State called into being by the proclama State. Later on Lord Chalesford said:tion of the then Governor-General Chan (Ordinance 25, t. 2.) method is to apply to strike out the We were referred to a case of the Kwing-ming, Those moneys then ignorance about them. A friend of his, Be Agency Commissions 111,208.71 stat meat of claim as baig frivolous or President of the U.S.A. v. Bruma ond (1), belonged to the new independent State who lived in Hoihow, but was not going By Head Office, Branches and vexatious (Ordinance 25, 4.) The 3, Beav, 448, in which a suit was instituted and when the authority of the Central first method is appropriate if the point in the name of the President for a legacy of law requires argument and careful given to the United States. It does not consideration The second, and more appear that any objection was raised to siminary procedure, is only appropriate the title of the President te sue. But he to cases which are plain and obvious, do having been authorized by an Act of that any Judge can say at once that the Congress, to proceed to obtain the legacy statement of claim, as it stands before the decision was pronounced, the insufficient, even if proved to entitle the bill was ordered to be amended by intro plaintiff to what he asks (Habback during a statement of the authority by Wilkinson (1800), 1, QB 01, and see which the plaintiff was qualified to sue

Now this case, referred to without dis reinarks of Lord Selborne in Burstall v Beyfus, 28, C.P., pp. 38 and 38.) In Dyson approval by the Lord Chancellor, seems 1.Attorney-General (1011, 1 K.B., 414), to me so far an authority in the plaintiff's Cozens Hardy M., said It might be favour that it recognizes the right of

tion to the endorsement on the writ. sufficient to say that Ordinance 25 r. 4, sovereign State to delegate to a State The third ground is by way of excep- was not intended to take the place of a official ander its own municipal law the There is a claim for money had and demurrer, and that it ought not to be power to enforce rights of property received and a further claim in the alter Turner said at paga 692 In the native alleging a conversion of the applied to an action involving serious investigation of ancient law, and ques cases referred to, the form of government money. No doubt at some time during tions of general importance, and on this was monarchical and I take it that in the proceedings the plaintiffs will have ground alone, I think the plaintiff is such cases the public property of the to clect upon which of these two claims entitled to have the action proceed to Btate, so far as it is not by the constitue they will proceed But it is impossible trial. tion of the State otherwise destined, vests to say at this stage that there is not here Now it was clearly shown from the in the sovereign. In the case of a a good endorsement at any rate for money argument of the learned Counsel for the Republic, the public property of the had and received, defendant that the question comes within State remains in the State. Here the This is a specially endorsed writ, the former category of those requiring learned L.J. takes pains to point out that if an application for judgment had careful consideration, and should be the presumption that public property in been made under Section 23 of the Code raised in a definite form in his pleadings.a monarchical State rests in the sovereign it is clear that a statement of claim At this stage, therefore, I desire to express is rebutted if it be made to appear that would have been ordered. The defendsut no opinion on the merits of the defendant's the municipal law of the State places it is certainly entitled to a statement of third contention, that the action is bad elsewhere. What he says with reference claim if he desires it and I believe that Mr. Sharp stated in Court that he was in point of form I think the application to a Republic must clearly be read as ready to deliver one. In my opinion this

subject to the same exception

When the judgments had been given. Again Lord Cairns says at pago 593 motion must be dismissed with costs, In a monarchical form of Government Sir Francis Piggott saked that the ques- This is a motion on behalf of the in him (the sovereign) individually, tion of costs should be taken in Chambers. defendant Chang Sau Nam to dismiss the and not in a representative capacity, is motion under the inherent powers of the the public property assumed by all other Court as being frivolous and vexatious States, and by the Courts of other States, and an abuse of its process. The plain to be yeated. In a Republic, on the other tiffs are Lung Chai-kwong, Governor hand, the sovereign power, and with it the General of the Province of Kwangtung in public property, is held to remain and to the Republic of China, and Woo Ming reside in the State itself and not in any pun, Commissioner of Finance for the officer of the State Province of Kwangtung in the Republic of

must be dismissed

The other

PUISNE JUDGE'S JUDGMENT

bill."

J...

China. The defendants are Chung Bauere again the proposition laid down Nam and the Busso-Asiatic Bank The not that in a monarchy only the sovereign, or that in a Republic only the endorsement on the writ is as follows:

flepublic itself, will be recognized by the The plaintiffs' claim is against the Courts as having a right of suit. The defendant Chung Bau Nam for the reign statement gos no further than that they of $150,000, the property of the Govern may sue and that prima facie and in ment of Kwangtung in the Republic of the absence of contrary evidence the State China, which sun was had and received property will be assumed to lie in them. by the defendant Chung Sau Nam for the purpose of being remitted forthwith I come next to the case of Castaneda

Clydebank Engineering Co., 1902, A.C., to Nanking, which the defendant Chung 024, the first paragraph of the bead note Sau Nam has not so remitted, but has is as follows: There is no such rule appropriated to his own use the said sum as that the monarchy or other titular portion thereof now being deposited in head of a foreign sovereign Slate

Government was reassorted in Kwang bung the property in the money, if it was divested at all, passed to the Central Government by tight of conquest,

We have had occasion to deliver vers carefully considered judgments on this point on the application for a Writ of Habras Corpus which recently came before us. It seems unnecessary to go over the ground again, and I will merely say that in my opinion the Government of the Province was never displaced and the funds in the Treasury remained the property of the Province.

305%

By Agency Commissions By Head Ofice, Branches and

Agency Charges

Committees and Auditory Pa By Homumeration to Directors, By Losses and Claims, paid

1. to Contributors Me

By Bonus of 20 per cent, paid By lutorim Dividend of 830

per share

ALLEGED LOTTERY TICKETS TO By Balance

BE PROVED.

At the Magistracy yesterday, befors Mr. FA. Hazeland, a Chincee trademan was charged with being in unlawful posses Bion of 3,000 alleged Sun lottery tickets, Mr. C. F. Mason defended, and pleaded and four thels of opium in excess. guilty to the possesion of opium, In regard to the lottery tickets, Mr. Mason said that his client was absolutely in

up for a while, asked the defendan! to take ap the bundle in which the tickets were concealed for him, and he did not know what the bundle contained. He had witnesses to prove that the friend asked his client to carry the bundle up

His Worship Your contention is, then, that it was a trick played upon the de fendant by this friend

$118,927.86

401,022.14

INTIMATIONS

Loveliness of Skin and Hair

Preserved by Cuticura Soap

And Cuticura Ointment. No others do so much for poor complexions, dandruff, and dry, thin, falling hair.

Curlina Soepand Ouitment solf everywbeto. Bank- -ple of each with 82-n, book trón testa masens Depot

Newbery, 27, Cansterhouse Bar, London; H. ToWNE *& Co. Brúney, N.B. W.: Leanon, Lud., Cape Town: Mulot, Idacióan és Côi, Ostruita nnd Bombay; Fot ter Drág : Guam, Corn, solo prose, Boston, USA. 203, Verster-/ared men' shines in cursfort with Cuti- --Oxira, Zonja Mining bent upto fred,

[06%

CHS. J. GAUPP & CO.,

WATCHMAKERS

AND

JEWELLERS

SURVEYING INSTRUMENTS

20,204.72 THEODOLITES AND LEVELS. 2,010,798.47

9,550,703,19

$236,006.89

378,000,00 908,142.11

85,124,941.10

WORKING ACCOUNT 1918. On 31st December, 1018. DE To Nett Preunjum To Interstel

$4,472,958.78 543,077.60

85,016,031.38

W. F. STANLEY & CO., LTD..

E. R. WATTS & SON,

LONDON.

CARL ZEISS, JENA.

Representatives

MAPPIN & WEBB.

LTD..

LONDON

146,786.70

24,304.74

ALEXANDRA BUILDINGS,

Agency Charges

Committees and Auditora By Remuneration to Directors, By Losses and Clims paid 1,721,856.16

By Balance

2,712,076.07

85,010,691-98

GABALANCE SHKET. On 31st December, 1913, Dr.

Mr. Mason-Yes, your Worship Co- tinuing, Mr. Mason challenged the plate: ment of the prosecution that the tickets the police would have to prove this, verb San lottery tickets, and said that To Capital 12,100 shares, of

His Worship agreed that defendant was entitled to call upon the prosecution to prove it. He had seen thousands of them, but of course could not take judicial autics of it.

$250 each-$3,100,000 upon which $100 per shere called and paid up tad karmalade

By Reserve Fund

$1,240,000.00

Silver

— 83,000,000.00. Sterling £135,000

$1,393,548:39 **

The case was remanded until Thursday/T morning for the expert evidence to be called in regard to the tickets.

4,393,548.30 To Reinsurance

Fund

£215,139 147 2,220,733.27 To Underwriting Suspence

108,191,22 ALICE MEMORIAL HOSPITAL. -____ Account ......... 42,478 10 9 wwwwwwTo Exchange Fluctuation The Hon Treasurer of the Alice Account

Fluctuation Memorial and Afiliated Hospitals begs to To Investment acknowledge with thanks the following Account donations to the funds of the Hos To Working Account 1912 pibals

Kwok Blu Lau

~ Chan Kang Ulo Leung Fan Po Ng Hon Taz, Un Kam Wu A Rodger Change

PERTUSSIN.

273;252.85

90,600.07

Balance

-966.148.11.

Account 1913

50

22712,076.07

2038

To Sundry Creditors

20

10

10

1:64

Is harmless and emoient remedy against all diseases of the respiratory organs, cepecially WHOOPING COUGH, CATARRH OF RYNX, ACUTE AND CHRONIC BRONCHIAL CATARRH, ASTHMA, &c. which bas bocz· recognised unequalled by the highest anthorities Also the AFFECTIONS OF THE LUNGS vil be greatly tallared by the use of it,

TO BE HAD AT →→

THE MEDICAL HALL

HONGKONG.

650,518.17

CHATER ROAD.

CALDBECK,

MACGREGOR&C-

(ESTABLISHED 1864)

THE OLDEST FIRM OF WHISKY

BLENDERS IN THE FAST

$12,085, 163.95 V.O.S.

By Cash with Bankers on Cur--

rest and Deposit Account

Silver

Gold

Securities

By Investments

8682,089,44 £142,030 5 6 1,450,118.06

inSilver

2,824,073.87

BTnvestments in Gold

Securities £379,105 15 11 4,058,706.80 By Sunder Debtors including Brunch and Agency

Balance

Silver

Gold

By Mortgages Hongkong

By Mortgages in

Shanghai,

By Office Leases

543,604,68 183,642 71 863,404,95

2018 848 11 6

91,055,000.00

8977-028:59 2,032,928.69 13,430.50

912.985,458.0

Sterling Exchange taken at 19. 11id.

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AND

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21