1918-09-10 — Page 3

GERMANS SUED FOR RENT JUDGMENT AGAINST PARTNERS

THM HONGKONG DAILY PRESS, TUESDAY, SEPTEMBER 10TH, 1918.

Shelton Hooper, Secretary of the Hong- kong Laud Jäřestment and Agency Co., Ltd., the General Managers of the Hong- kong Estate, Ltd.

This submission, Mr. Potter remarked. was sufficiently answered by Mr. Wright's affidavit that he had given the defendants. a copy of the liquidators' report.

OF MESSAB. SIEMSSEN &. 20, His Honour the Chief Justice (Sir

On July 14th, 1913, Sir Paul Chater, (3) That the defendants-of whom William Bees Davies, K.C.). heard an on behalf of himself and the estate of the only Struckmeyer and Siebs were resident | unusually interesting case yesterday - late Sir H. N. Mody,' entered into an in Hongkong until expelled on 1st Nov., in which the Hongkong Central Estate, agreement with Mesars. Siemasen & Co. 1914-haring no knowledge of what they

alien three

enemies-() for 5 years from July, 1913, whereby defendants had done and having no Letil, sued

the ground and frit Blocks of Queen's means of verifying the statement of Strackmeyer, H. A. Siew and E. Stebert. partners of the now definet firm of Building were let to the firm for the numclaim, could not examine the allegations Messrs. Siemssen & Co.. Hongkong-for of 8:30 per month.

and consequently could neither answer. admit, nor deny them. the sum of $0.275.45, due to the aä rent for the office occupied before the firm was liquidated in Queen's Building. Hong- kong.

ין

The ease first came up in Shanghai on March 13th, 1918, The defendants on that occasion admitted the facts up to the outbreak of war, but denied all

knowledge of what had happened since, They denied that they owed any money to the plaintiffs, and further stated that the assets in Hongkong should have been suficient to cover office *rent. They argued that Article 2x (g) of The Hague Convention, which had been ratified by Great Britain, clearly prohibited the destruction, or seizure of ensmy property"

On 318: December, 1913, Mesurs. Stems sen Co, exercised the option given then by the agreement. of renewing the agreement for a further two years,

In 1914 the Hongkong Central Estate, Ltd purchased the block of buildings in question from Sir Paul Chater and the estate of the late Sir H. N. Mody, and became entitled to the tenancy agree

nient.

Messrs. Siemssen & Co. paid the rent Mesary. due unti 31st January, 1915. Alex. Ross & Co were appointed liqui- | daters of the firm on October 30th, 1914. and they paid from February 18, 1913. till August 31st, 1913. sum of $150 A

Sukanta

rent" and AR

rates. From

1

Mr. Potter said that if the defendants. had engaged soliciters the latter would Have been in a position to settle the

matter.

SPORT.

LAWN TENNIS.

HONGKONG JUNIOR LEAGUE TABLE.

The Baal standing of teams in the Hongkong Junior Tennis League is as followN! ---

CR.C. (E) M.B. K.

Indian Schools St. Stephen's. Ching Y. M.C.A. Kowloon (U). Qaren's

H.M. Dockyard R.G.A.

Civil Service

Won Lost

LANE CRAWFORD

AND COMPANY.

FURNISHING

昌

1

N

7

3

5

DEPT.

B

2

THIN

+

The tie between C.B.C. (C) and M. D.K. resulted in who are therefore winners of the Junior win for the C.R.C. (C),

Lengue for 1918,

{

The match Winners v. the Besa" will

(4) That the defendants were; us a matter of fact, and of judicial knowledge, not in a position to appear to the writ by entering appearances personally and could not do so bý a solicitor as the action commenced against them concerned the

Gray of Siemssen & Co, la liquidation, take place on Saturday, September gist, as to which they bad forcibly been de prived of any control and right whatso ever, and of which they were actually not partners in consequence of the enforced liquidation, and for which only the

except in cases where such destruction or September 1st until December 31st, 1915, fiquidators might act or appear. Seizure should be imperatively demanded the liquidators only secupied twe rooms

al a rental of $100 per month. By the necessities of war. They submitted that the forced liquidation of the Hung kong branch of Slemssen & Co., ordered by the Hongkong Government without any such military necessity, constituted an illegal seizure, and the Hongkong

In November, 1915, the liquidators asked the Hongkong Central Estate, Ltd., to obtain tenants for the premises, and this the intter firm succeeded in doing.. On December 15th, 1913, the liquidators

(5.) The claim of the plaintiffs not having arisen in consequence of any act, fault or omission of the defendants, but resulting from the forced liquidation of the firm of Messrs. Siemsson & Co. in Hongkong, which liquidation was in

in connection with the annual "AL Home" of the Chinese Recreation Club at their grounds.

HARD COURT LEAGUE,

The formation of a Hard Court League for the Autumn has been proposed by the Committer of the Hongkong Junior Tennis League. All matches will be play- ed on hard courts and will be governed

by the rules of the Junior Lengue..

All Clubs desiring to join this League are requested to notify the Hon. Secre

cary, Hongkong Junior Tennis League, eird. A meeting will by held at the Hongkong Cricket Club Pavilion Tuesday, the 24th inst., at 5.15 p.m. to complete arrangements.

on.

I branch had beer, separated from the bade Trented the building and cancelled the itself.a war measure, involved questions e/o Chinese V.M.C.A., before September

of the Erm of Messrs. Siemsson & Co. brement. They admitted on December such forced liquidation, and, therefor, 1916, by letter that Messrs. Siessen &C were indebted to the Hongkong Central Estate, Ltd., in the sum of

the defendants could not be held respon

sible for any deficit which might have occurred during the liquidation.

$6,273.45.

The judgment of Mr. Grant Jones.

On February 18th, 1018, the Hongkong Central Estate. Ltd... as one of the British Assessor, and Magistrace Kuan creditors of Messrs. Sierssen & Co., contained many interesting passages. It

received from the liquidators an official was decided that the defendants' plex'}

report of the liquidation. From this it that the compulsory liquidation was in appeared that the assets of Mesars. Sieur cantravention of international law could not be upheld. The authorities were

agreed that the outbreak of war between'

asen & Co. within the Colony were almost in their entirety subject to the claims of secured creditors, and the value of the goods foraning the security was in sufficient to meet the claims of such secured creditors. It was, therefore, ne- cessary to arrange for a contribution of 10 per cent. from all the secured creditors to enable the liquidation to be carried

tion a large indebtedness to the secured

of principle which could only be adjusted in the Treaty of Peace between the Governments of Great Britain and Ger- many,

The suggestion was, Mr. Potter ob- served, that when the war was over, the terms would include some reference to enemy properties. This, of course, was a matter of which the Court had no cogni- Mr. Potter, added that it was in unnee reply to this communication that the Court had ordered the Registrar to write to the defendants that they were entitled to appear personally, or through a firm of solicitors, in defence of the action.

Mr. Potter went on to say that the only ground on which His Lordship could stay the proceedings was the impossibility on the part of the defendants to give proper instructions to solicitors or to arrange for an attendance owing to the state of war between Great Britain and Germany. creditors remained, and no assets existed In the present case the whole transaction for distribution amongst the unsecured was in Hongkong. It was only a question creditors. There WAS a large debit of arithmetic, and whether defendants balance still outstanding against Messrs. were legally liable. The defendants had Siemen & Co., and no assets were avail. full knowledge of the action and, would able in Hongkong to satisfy them. The have had no dificulty whatever Hongkong Central Estate, Ltd.. was an engaging a firm of solicitors. It was unsecured creditor.

we States, although it did not of itself work a confiscation, yet conferred on the sovereign authority in each State a right even to confiscate the property of it" enemies found" within its jurisdiction. In pursuance of these rights the Hong kong Legislature passed an. Ordinance on. After the completion of the liquida to provide for the winding-up of the affairs of certain alien enimis," the preamble to which stated that it was necessary that certain alien enemies. "should be ordered to quit the Colony **.. "and expedient that provision should be made for the winding-up of such alien enemies in order to prevent loss to them and to other persons." The Ordinance further provided that the liquidatör

Mr. Potter submitted that the defend should bare,

sa full rights and powers

anta were alive and entitled to defend as if all the contracts of such

the action: An alien enemy was liable trade

had originally been en-

for his debts. The defendants had had tered into with such liquidator. It

an opportunity of considering the report appeared to be clear law-and the law

of the liquidators. This was proved by applicable was the law administered in

the afidavit of Mr. G. H. Wright, who the Colony of Hongkong-that the con-

ucted on behalf of the plaintiffs when tract was not terminated by the cem

the present action went before the Mixed pulsory entrance of the liquidator.

Court at Shanghai. Mr. Wright said The judgment further stated: We have that at the hearing in Shanghai on April come to the following conclusions:-Thstard. 1918, he banded the defendants the defendants are unduly embarrassed (Struckmeyer. Siebs and Siebert) a copy in their defence by the venue in that, as of the liquidators" report. for inspection. pleaded, they have no knowledge of, and The report was returned to him at the are unable to verify the correctness of, conclusion of the hearing, and no appli- the claim; that plaintiffs should first cation was made either to him or to the exhaust their remedy in the Courts of Court for any further inspection or for the Colony, and, if they obtain judgment an adjournment to consider the terms of there, then come and ane on that judg-the liquidators' report. ment here; and that we are not in a

position, on the evidence before us, to pass judgment upon matters which are so peculiarly within the province of the Colony Court.”

Mr. Eldon Petter, instructed by Mr. W. E. L. Shenton, appeared for the * plaintiffs.

Mr. Potter then went on to say that on July 1st, 1918, the plaintiffs asked that the action against them be dismissed or stayed until after the war between Great Britain and Germany so as to enable them to unter an appearance to the writ.

They set forth £ve points in support of the application:-

In opening the pase, Mr. Potter said

(1) That the plaintiffs' claim was the defendants had not entered an apagainst the firm of "Siemssen & Co, ia Pearance. Not only were the defendants liquidation," because the firm had ceased to exist from the day on which it was erved with a notice of the proceedings, forcibly put into liquidation... but the Court had directed the Registrar,"

Mf. Potter said that this was quite in answer to an application from the true, but it was quite plain that the defendants that the application be stay partners were liable for the debts of the ed, to inform them that they were firm, whether they were alien enemies or entitled to appear in the Court and defend the action. The Registrar had accordingly, informed them, adding that "they could instruct any firm of solicitors in Hongkong to act, on their behalf. There were several reasons why defend ants did not defend the action, one being that there was no defence.

. Mr. Potter next read an affidavit ra- lating to the facts of the case by Mr.

*not.

די

FOOTBALL.

HONGKONG LEAGUE GENERAL MEETING,

A general meeting of the Hongkong Football League was held yesterday evening at the RGA Headquarters. Lieut. Medway, R.N., presided, supported. by Mr. Wright (Hon. Secretary), and there were present representatives of the several football clubs in the Colony.

The Secretary's report showed that the football played last season was good and that, despite the absence of several well- known; players, there were indications that this season would be equally success- ful The finances of the league were in a satisfactory condition, the. Hongkong Football Association having 8180 to its credit, while the league had 868 to its There were no outstanding credit. liabilities.

After the usun? business had been con- included, votes of thanks were accorded to

the out-going committee. « not

queation of procuring evidence in Germany, which might not be possible owing to the war. All the evidence.re quired was to be bad in Hongkong. itself. Elis Lordship agreed with this submis- sion and observed that defendants had been written to by the Court that they were entitled to appear.

Mr. Potter submitted that the plaintiffs were entitled to judgdeat for the amount claimed and, costs,

Was then The following committee

Mr. R. Wilton; elected: -President: Vice-President: Lieut. Jones; Hon. Sec. and Treasurer: Mr. Wright; Managing Committee: Master-Guaner May, Mr. Warne N., Mr. J. Stewart, HK.F.C., Mr. Mitchell, Kowloon F.C., and the Rev. C. F. Shann, University.

There was some discussion as to whe-

ther the South China; Athletic should be given a place in the first division, and eventually it was decided to leave the His Lordship said: In this action the matter in the hands of the out-going com- defendants were sued and service was mitter. The question of allowing hrat duly effected upon them in Shanghai. division then to play in second division They communicated to the Court, through matches was raised, but ultimately it was left over for consideration at the annual the Registrar of the Court, objecting to meeting, as an armative decision would the action being proceeded with and gave entail the alteration of the rules of the certain reasons. Thb Court, in the exer-league

following teams were then chosen eise of its discretion, directed the Regi- for the first division of the league:- strar of the Court to communicate with Hongkong F.C., B.G.A., and R.N.

Second Division:-Kowloon F.C the alien enemies in question in Shang- University: St. Joseph's (two teams); hai and advise them that they could be Staff and Departments and R.G.A. (three properly represented by solicitors in this teams), 88th Co., 87th Co., and 83rd Co.

The date at which entries are to be Courti They declined to do so for the closed was fixed for September 16th. reasons which the learned Counsel. hza

The meeting then ended. HONGKONG FOOTBALL ASSOCIATION. A meeting of the Hongkong Football Association followed, Lieut. Modway presiding.

referred to. In my opinion there are no legal reasons which would justify me in not allowing the law to proceed in due course The question which they have The following officers were elected - President: Lieut. Medway, B.N.; Vice- raised in their communication with the President: Major 1. W Robertson and Court as to the matter being a question Major W. P. Hammond Councillors: Lieut. A. E. Hall, Meara H. McTavish, for possible consideration after the war. W. Black, and Wright (Secretary and is a matter entirely beyond the province Treasurer) of this Court. The only ground which Referees Board:-Major W. P. Ham- mond, Master-Ganner May, Messrs. would justify the Court, in staying the Wright, Black, and Mitchell. action is that laid down in the Alien Enemies Ordinance. That is in the case ** ROUMANTAN CROWN PRINCE'S where it is impossible to obtain instruc- tion from an alien enemy owing to the state of war. In that case the Court is vested with the power to stay the action

this casc.

PROTEST."

It is reported in Paris that during the (2.) That the defendants had never

final discussions connected with the Rou received any report or information on

maaian peace treaty the Roumanian Crown Prince Charles suddenly catered the liquidation of the firm and therefore during a state of war.

This is not so in the Council Room, and in the presence had no knowledge of the arrangements

The three defendants have of the King dramatically declared:-" I made between the plaintiffs and the been duly served and have been in com- come to say, in the name of the con- munication with this Court, They de batants, in the name of the prisoners and liquidators. They were never informed client recognise its jurisdiction by wounded, and in the name of her by either party of any arrangement and tering an appearance either themselves Majesty my mother, that we cannot therefore could not be held responsible or by solicitor. This being the case my accept these conditions. We must fight duty is quite clear, and I give judgment for-plaintiffs

for apy claim against the firm.

on to the death." The declaration had no result, however.

SUMMER BLANKETS.

BORDERED CASEMENT CLOTHS.

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