1917-03-30 — Page 3

Page

i amendments, have been necessary. One may perhaps hope that, this is the last amebumenj at all events the Isss one any size and importance it will be neces sary to make in the principal Ordinance. And I would like, Sir, to acknowledge the assistance received, both in connection with this Bill and also of the other Billa, frun the various members of the legal pro

THE HONGKONG DATIS, PRESS, FRIDAY, MARCH 80TH, 1917.

COMPANY MEETING,

UNION WATERBOAT CO., LTD.

An extraordinary general meeting of the

the control of persons who now Bro Han, MR HOLYDAS:Then must enemies or enemy subjects. A referee to the definition in cause 2 will show that prohibited control is defined so as to include control after the conclusion of peace by persons who are now chemicament, just as it could not see its webove was held at the offices of the General or enemy subjects Both that, teria and the termn" corporation under enemy con trol" have been defined as widely

move the suggestion as as amendment to the heading of Clause 18 realised that it was possible that the Government would not see its way clear to accept the amend, clear to accept the original ons by me. But I press for it because I kods Managers, Messrs. Dodwell & Co., yester- that it is the wish of the mercantile com-

Way

DTOROS

y of those also present were:—Mesurs. 、 I.

FRIO, I think, too, it is very largely possible in order to include every posmunity here that theso trade marks should a Mr S. H. Dadwell presided, and due to the discretion of the liquidators sible form of control by or on behalf of be destroyed, and as ourlic meet-Shewan, J. Jonckheer, A. H: Skelton and

tinoidgy of tofs Urdinance.

44

GD

On Council resuming,

The Bill deals with the offence of har bouring or receiving women or girls brought into this Colony, by force or by fraukl, and girls taken out of the The existing law has been found in cure of their parent or guardians. adequate for the purpose of dealing with the serious offence of the abduction of un- married girls This is due to two reasons. In the first place the present section applies only were the girl hos been taken out of the possession of her parent or guardian. is believed that many girls get lost or run away from their homes and are then picked up by the abductors. In the second place it is necessary under the existing law for the prosecution to prove that the accused knew that the girl had been taken away from her parent or guardian against the will of the parent or guardian. This i generally very difficult to prove Tho girl is generally either an unintelligent or an unwilling witress, and the facts relating to her leaving her home dre often known to no one, in the Colany except to herself and to the sensed Clause 3 of the bill alters the law on these two points. It makes it an offence to harbour an unmarried girl who has left her parents or guardians without their consent, as well as to harbour a gir] who has been taken out of the possession of her parents or guardians. It also throws on the accused, once it is proved that he knowingly harboured the girl,

LANE.

CRAWFORD & Co.

SOLE AGENTS FOR →→

SPALDING'S ATHLETIC GOODS,

EVERY REQUIREMENT FOR

GOLFERS

passed at the extraordinary general meet- WE HAVE JUST RECEIVED A SPLENDID SELECTION OF

GOLF CLUBS AND BALLS, CADDY BAGS. SHAFTS.

Mr. H. SHEWAN seconded, and the specin and unanimously carried, resolutions were lien put to the meeting

COMPANY REPORT.

GULA KALUMPONG RUBBER ESTATES, LTD.

Balance at Credit of Profit and Loss

Account $90,857.15.10. Pinced to Reserve Fund £10,000.- Carried Forward-£18,804,13.8.

£0 per share Final Dividend Less Tax at 4/6 in the Average Price obtained for Rubber-2/5. All-in cost-11.204.

1917 Estimate Rubber 1,370,000lbs, 1917 Estimate Cocosants 2,900,000 nuts, Forward Sales, 250 tons Rubber at 2/61.

HONGKONG VOLUNTEERS

ORDERS BY LIEUT. COL. A. CHAPMAN, T.D..

GUARD CF HUNQUE,

and the reasonableness of creditors as a whole, that the quidations have been persons who are now enemies on enemy ing is in the Legislative Council, so I

the Government in meeting carried on with os inte legislation and subjects, Clause 13 prohibite liquidators hive voiced their views on the subject, A. O. Lang (Consulting Committee), T, 'C, ngation as they have been carried out, from transferring property to prohibited now move the amendment to the Clauer Nixon, and G, Morton Smith (Secretary) Tre 81 contains, of course, a great ctes control. Clause, 1 provides for statutory It has en stated that it would destroy et mine alkali watu 1 ubin 14 wdec arations being made to enable liqui. the marker that is precisely what we

The SECRETARY having read the notice be, nege, monvenient to caplan, Jor dators to test the bona fides of intending desire to achieve we convening the meeting, matice is explanation shoiu de necessary, purchasers The form of these declare The Hon. MR, ANTON: I beg to eccon The CHAIRMAN said The meeting was han perips bon, as by jousents a tress are given in clause 29, Clause Mr. Holyoak' amendment called to formally confirm the resolutions kop i cerum generally broad particu: prohibits purchasers of ammovable pro HIS EXCELENCI am sorry Hon. kurs, and not dumi, with was details of perty from the liquidatorg from trans

ย D & present." I would like toferring such property to prohibited Members are pushing this question. If in held on March 9th, with regard to the Capri, eugi, tant it will be necessary trol without the permission of the the question applied to Hongkong it would

reduction of the capital. I therefore beg glass wing to Le un Governor. It also provides that any be quite simple, but, ng the ArcoRNEY to propose the confirmation, a special around contain in what I might caliperson contravening the provisions of 18NERAL has indicated, it is a much larger the issued capital of the Company be resolutions, of the following: (1) Thnt Imperial 4section shall forfeit to the Crown thestion. It is a question of: tank, thecourusion is unavolusnic, ut sum of $50,000. The reference to the Policy, and it seems somewhat unreason reduced from $277.930 divided into:27,723 LAN 0 To 15 call unraveled with permission of the Governor is intended to Hongkong, for whom Hon Members have 27.123 shares of each, and that such able that the mercantile community shares of 310 each, to 3191,061 divided into Lexercise of a altic care. The point 4 meet dificulties which might otherwise just spoken, should expect that their reduction be effected by returning (on such Fier to is the various finitions which arise hereafter on the transfer of desire should overrides the etrefully shall appoint) to the holders of the 27,723 Have been applies to what we tow cu inmovable property sold in the liquida thought out policy of His Majesty's

date as the Company's General Managers shali W2re generally cited, There are three main terms 10 is tione, as no doubt a time will eventually brunient, not only for Hongkong but for shares that have been issued paid up

rujuauce

The first is enemy, tile arrive when i will be very due cave to the whole of the British Empire by reducing the nominal amount of each capital to the extent of 83 per share and scouw is enemy subject," and the third ascertain whether a sale will not involve

don enemy. When the first Ordinance a transfer to prohibited control as do All the unofficial members voted for the application be made to the Supreme Court Council then voted on the amendment of the said shares from 810 to 37; (2) That was passed the object was, of course, to fined in this bill. In such cases the pro amendment, and all the official members of Hongkong to confirm the reduction of wing up businesses of the Germans and hibited control suspected may be merely voted against it, and the amendment was the capital of the Company in conformity Austrians which were being carried on in technical and of no practical importance, thus, declared lost. tais Colony, and the term adopted was and it would seem undesirable that

with the foregoing resolution. enciny.

The term alien enemy vendors should be unable to sell except was adopted in detercuúce to the terminat a depreciated price and at the risk of The ATTORNEY GENERAL moved that the logy which was then being used in the committing a technical offence, and Rill be read a third time, United Kingdom. Allen enemy was equally undesirable that purchasers acting The COLONIAL SECRETARY seconded, and uenned in ins principal Urdinance, and on all good faith should have to take the Bill was then read a third time and It includes three things enemy subjects, property with a technical flaw in the corporationg established in enemy terri title. Probably in such cases after due

passed try, and bros which had as a partner enquiry the Governor's permission would

PROTECTION OF WOMEN AND GIRLS a carmy subject. That was pernops be given to the transfer. Clause 18 pro somewhat artificial dentition, but it was vides for the forfeiture of immovable second reading of the Bill intituled, An The ATTORNEY GENERAL moved the devisen, of course, with the principal property sold in liquidations which comes Ordinance to amend further the Protection. The following abbreviated summary of object in view of roping in all the Gerunder prohibited control. Claude 17 of Women and Girls Ordinance, 1897 ra and Austrian firms who had been gives the Governor power to require par In doing so he said

pong Rubber Estates, Ltd., has been the year's working of the Gula-Kalum- carrying on business here. It has pow been found necessary for the purpose of ticulars for the purpose of enabling him

received by Messra Lowe, Bingham & this bill to define the term eamy," and

to ascertain whether any such pre

Matthews, the Colonial Register for the ordingly clause 2 of the Bill provides perty is under prohibited control.

Company that елету, excepting that one term lause 18 deals with the question of Alien enemy," which is still kept, anuans Now that the liquidations are coming to trade marks belonging to bien enemies, any natural person who is treated us enemy by the law, and any frm or other an end and the control of the liquidators body which is enemy In other words, for all practical purposes will soon cease elemy means, first of all, a person resident it has become necessary to make some or carrying on business in enemy terri- other provision in order to retain Gor tory; secondly, corporations carrying on erament control over these marks and busness in enemy territory, thirdly, corto prevent their use by unauthorised orations established in enemy territory, persons. The method adopted is to veit and, fourthly, any firm or boly which has the trade marks in the Custodian, ne of its members an enemy. The term together with the goodwill of the trades enemy subject is of course quite in which they were used It is also neces simple. It means the subject of a State sary to provide for the keeping of these for the tire being at war with His marks on the register because when the Majesty's forees, and includes a corpora quidators have paid in all their sur tion constituted according to the laws of plus assets to the Custodian they will that foreign State. Some difficulty has have ao tunds from which to pay renewal arisen in England and has been commented fees. This point is dealt with by pre on in the Courts, but I think that it is viding that none of these marka shall be inevitable, and, as I any, the exercise of a certain amount of care in each case will removed from the register for non-pay trace it out, and it will be found that ment of renewal fees except by order of the confusion is apparent and not real the Governor, and it is also provided Clauses 3 and

of the Bill give that any such marks which have been Court wider power.

wer to stay removed for non-payment of renewal fees legal

shall be restored to the register. proceeding, brought against liquidators. Cases may arise in which Clause 19 provides that the validity justice could not be done if the case of acts done by liquidators is not to be were heard during the war owing, for quest poud on the ground that at the instance, to the impossibility of obtain time when the act was done the person ing evidenes, and it seems desirable that whose finirs are being wound up was not the decision on such a point should restan alan ensiny, or had died, or, in the with a judicial tribunal and not with the case a corporate body, had ceased to executive. It is possible, that the Court exist Chuse 20 provides that no legal the onus of proving that he did act know already has inherent jurisdiction in the Proding of any kind shall be bought that she left her parent or guardian with Triday, 03 (nat-... inatter, but it seems advisable. toagainst any liquidator or public officer, out the consent of the parent or guardian, give it express jurisdiction Clauses except with the permission of the Gov-It has also been thought advisable to Mounted Section at Polo Gmund st possible doubts as to the existence of connected with any winding up under the to 21 years. This amendment, by clause

and are intended to dispel ernor, in respect of any act or omission raise the age in the case of this offenet. 15 pm Dress Drill order powers which have boun, or may have to Alien Enemies (Winding-up) Ordinances of the bill, is also made in section be, assumed. It will be noticed that the Clanso 21 provides that the provisions of the principal Ordinance. The liquidators are declared to have power of the Alien Enemies (Winding-up) Oage is also raised to 21 in the ense to transfer the property of the persons dinance shall continue for such period of offences under sub-section (1) of whose affairs they are winding up seem propez to the Governor Italio The opportunity has been taken to after the conclusion of the war as may section 4 of the principal Ordinance. whether they can or can not pro- duce the documents of title relat-provides for consideration, at the end of transfer paragraph of section 18 of

such property Clause with in view of the way in which Brs now beg to more the second reading.

the war, and how the assets shall be dealt the principal Ordinance to section 19 L provides that liquidators shall bo at liberty to distrikute the assets in tish property has been dealt with by the the first instance on the fopting that no chemy. I now beg to move the second interest acorues on any debt after the

reading commencement of the winding up. This provision has been borrowed from the law relating to bankruptcy. The clause does not take away the right of the creditor to interest, if his debt carries interest, and any surplus tasets may be appled in payment of such interest, The HON MR HOLYOAK said:-1 would passed. The rights of secured creditors are goved suggest that in place of the words Clause 10 has been the subject of a vested in the Custodian of enemy pre- good deal of discussion and negotiation, perty as from the commencement of this It introduces a power of dis- Ordmance, the following wordy shoula laimer, modelled on the power of die be substituted and shall continue claimer în bankruptcy, which may be vested in him and shall not be assignable followed, the COLONIAL SECRETARY prezid

A meeting of the Finance Committee mude use of in the case of any leases or transferable by him to any present ing which the liquidators have been unable enemy suhject for a period of ten years to deal with otherwise. Any person Ordina think that will have the The Governor recommended the Council Pres. Wilson having joined is allotted injured by the disclaimer will be treated effects of presenting the return of the to vote 's sum of ninety-seven thousand as a creditor of the alien enemy to the trades idary in question to our enemies eight hundred and sixty-four dollars and B Platoon No VII, Section 19. extent of such injury and a right to should they return to us, which we all eighty-nine rents (897,801-89) in aid of the

Corps No 850 and posted to Co obtain the decision of the Court on the hope will not be the case. amount of damage suffered is recognised, asking for no more than is granted Expenditure, Goods Examination Shed at All members of the Reserve are

really vote Kowloon-Canton Railway, Special It will be noticed that sub-clause (3) in Clause 12, where immovable property Kowloon Station provides that where a liquidator has sub is not to be returned to the enemy. The let the premises with the consent of the net result of it would be to do Inssor the latter shall not as entitled to such trade marks for ever. way destrain on suca premises except for the rent payable under the sub-lease, and if I might say so, are not analogous The ATTORNEY GENERAL :-The two cases, shalt not be entitled to reenter except because immovable property is considered for breach of some tained in the sub lease.

Covenant-con- to be property held until the conclusion Clause 11 of the war on behalf of the former owner. provides machinery for secured creditors to

compelling

That property is not allowed to be realise their acquired, and the profits are not taken MILITARY EXPENDITUERON securities. On such realnation the away. In the case of trade marks it is, The Governor recommended the Council secured creditor is to retain the amount of course, not provided that the trade to vote a sum of geven thousand and ferly do which he is entitled under the terms marks shall be assigned by the custodian dollars (87,040) in aid of the vote Military of the security and is to pay the balance for a period of ten years. That would Expenditure, B.

the

ing

The COLONIAL SECRETARY seconded, and the Bill was read second time

consider the Bill clausz by clause

Council then went into Committee fo

On Clauss 18, Goodwill and trade marks vested in Custodian,””-

2

commencement 0 of

This

with

consider the Bill clause by clause,

Council then went into Committee to

The Bill passed through Committee with out amendment, and, on Council resuming, The ATTORNEY GENERAL moved that it he read a third time. ⠀

B

The COLONIAL SECRETARY seconded, the Bill was then read a third time und

FINANCE COMMITTEE..

KOWLOON-CANTUN RAILWAYS

The Scouts Company will furnish a guard of honour, 2 Officers and 50 Bank and File to receive Rear- Admital Yemail at Blake Pier at 10.45 3.m, on Friday 30th instant. Dream Review order (khaki).

AF CHURCHILL, Capt.,

Adjutant, H.K.V.C. Hongkong, 29th March, 1017.

HONGKONG RESERVES.

ORDERS BY ALAJJE WAKEHAN, O.C., R.X.V.R.

PARADES.

Volunteer Headquarters at 5.16 p.niz. Signalling Section A Clues at under Signalling Instructor L/Cpl.

Lloyd Dress? Clean fatigue. Surday, 1st April, for Field Practices • the Cricket Ground at 8:16 3.1. B Company Platoons 7 and 8 on Platoons 5 and 6 on the Cricket Ground at 9.45 amORT

Kowloon Residents at Kowloon City

Pier at 8.45 am. and 10.15 am re- spectively. All exempted members, Signallers and members of Machine- gun Rection who have not already fired will altended. Dress, Light Marching. Order-Haver- sacks (with food), waterbottles (fill- ed), belts and pouches topees will be worn. Each man will bring with him 20 rounds of ball ammunition in clips. All Officers and N.0.0%. vII carry fuld-glasses. Greatconts will ha worn over equipment and left on the lunch at Kowloon City Signalling in A Co. will parade as otaied by the Signalling Sergeant |_ for Signalling and Telephone work.

NOTICE

res Sto forward to the Captain Superin- The Governor recommended the Council tendent of Police a completed form to vole a sum of four thousand bis hung under the Begistration of Persons dred and seventythree and last

Ordinance 1916. Copies of the form to vots Kowloon Canton Railway, Special eventy-nine coats ($4,673.79) in aid of

can be obtained from the Pass Office: Central · Police Station Members Expenditure, Building Coaches.

should also register any of their families who are eighteen years old or over.

(a) C. CHAMPRIN, Capt. Adjutant HKVR Hongkong, 29th March, 1917. Volunteers, OtherHONGKONG POLICE RESERVE.

The vote was agreed to..

to the liquidator. In case of dispute as have the effect of preventing the enemy Charges, Volunteer Reserve, Capitation priš to the amount of which the scoured owning any land in our Colony. We will Grant

creditor is entitled the latter has right not be able to deal with bege rights, 24 The vote was agreed to.

to doubt the Hon. Member would wish to

to a decision of the Court on the point deal antil a general consideration of the It is, of course, possible that in some esses, owing to contingent liabilities, it position both here and in other parts of

KOWLOON IMPROVEMENT,

will not be possible at present to define the British Empire, and also in Germany. The Governor recommended the Council exactly the amount to which the secured Of course, there are many British trads to vote a sum of fourteen thousand five creditor is entitled, and in such cases it marke in Germany, and these must be hundred dollar (814,600) in aid of the vote. may be necessary that the total proceeds trade mark rights here I do not think, munications Improvements to Ronde and

into account in dealing with enemy Public Works, Recurrent, Kowleem, Com

Bridge

creditor, if the total liability, ascertain gested amendment.

and contingent, exceeds the amount of

POLICE

The sitting of Class XI (Inspector Gor- den), ardered for April 8th (Good Friday), is cancelled.

PARADES.

There will be no Recruits or other parades

April 9th on Friday, April 6th, or Monday,

hould continue to be held by the secured Sir, it would be safe to accept the BugTHE COLONIAL SECRETARY also laid on the P7610 rennent is transferred for all

proceeds. Olanse 15 prohibits HIS EXOSLIENCY -1 am afraid I caa-table the Financial Returns for the year

The

any

not accept the amendment for the reasons 1918. immovable property sold in which the Attorney General has pointed the liquidations from passing under. out.

The vote was agreed to,

FROM

FRON

BCEAO GOLF BALLS 65 ONES, EACH

ARCH-COLONELS.

$1.35 BACH

PATENT COLONELS,

81.15 EACH.

"BRITISH HONOR,"

81.35 BACE

"BLACK AND WHITE,"

R1:15 BACH,

INCLUDING

BRAMBLE MIDGETS,

$1.36 ELOR.

DIMPLE MIDGETS,

81.35. EACH

THE "CINOH,”

90 CENTS EACH.

THE BOB.”

65 CENTS EACH.

SPALDING'S

GOLD MEDAL GOLF WOOD CLUBS, LADIES' MODELS,

$5.50 EACH.

TAYLOR'S CLUBS,

$3.50 BADH,

SPECIALITY

CLUBS.

IRONS. $4.75 FACH.

FORGAN'S CLUBS, FROM $4.00 EACH.

CADDY BAGS STOCKED IN TWELVE STYLES,

FROM $3.75 EACH

LANE, CRAWFORD & CO.

DRINK

18

"BULL DOG" LAGER BEER. EPERIOR TO ANY GERMAN LAGER BEER EVER BREWED BRITISH TBROUGHOUT.

Braved in Great Britain.

OBTAINABLE AT

Wing On Co, Ltd.

Sincera Co., Ltd.

Sun Co., Ltd.

Cheong Tai

Nam Hing Loong.

Ty Sing.

Sang Tàu

Kwan Tye

LANE, CRAWFORD & Co.

SINCERE CO., LTD..

Stocked by

THE BOXCRONG HOTEL.

Bottled by British Labour.

PRICES DUTY PAID.

QUARTS 820.00 per mee

of 4 dozen

or 85.10 per doren,

PINTS 826:60 per case

of 8 dozen

$3.40 per dozen.

Admitted to be the Best

Laver Bebr. brewed.

FRESH - STOCKS

SHIST ARRIVED.

Powell

Um

TELEPHONE 340

JUST ARRIVED:

04-2

Ltd

SEMI-TRIMMED HATS.

duties from No. 2 Section to No. 11% Sections

(Bgd) F. C. JENKIN

D.S.P. (H.).

VOILE AND

MUSLIN

BLOUSES

VOILE GOWNS.

INSPECTION INVITED.