1919-05-15 — Page 3

A COMPRADORES SECURITY. INTERESTING CLAIM' IN THE

SUPREME COURT. PRELIMINARY OBJECTION BY ACTING ATTORNEY-GENERAL

The Chief Justice (Sir Willis Rees Davies, K.C.), beard an application at the Supreme Court, yesterday, by Lo Shut

THE HONGKONG DAILY PRFER, THURSDAY, MAY 15TH, 1919.

His Lordship said that Me. Pollock was pointing out that permission which should bave been obtained was not obtained..

Mr. Alabaster retorted that 38r. Pollock was dealing with the $10,000. That came within the merits of the case, and was not nearly the maine thing as the preliminary objection.

His Lordship asked Mr. Pollock who Po, of No. 43, Bonbaar Strand, Hongther he had anything to say on the point kung, for the return from the Colonial he minds about permission from the Treasurer, as the Custodian of the pro tiovernor.

Mr. Pollock replied that his object had peg of Messrs. Reuter, Brockelmann & Co., an enemy frm, of 8-10,000 which sumbeen to show that permission could not the applicant deposited in 1907 and 1000 have been granted because the money was with the frm as security for the perform paid in Canton, aner of his duties as comprador. Plain tiff claimed his muncy, together with interest, from the balance of $81.404.49 - received by the Custodian From the liqui-

dator of the firm in question.

The Hon. Mr. C. U. Alabaster and Mr. Eldon l'otter (instructed by Mr. P. B. L. Bowley) were counsel for Lo Shut Pu: and, the Hon. Mr. H. E. Pollick, K., Acting Attorney-Girnerai, appeared for the Custodian (the Blon, Mr. C. Mel. Blesser).

His Lordship observed that if permis- sion had been sought and not obtained. Mr. Pullock's point was that the Court had no power in the matter.

Mr. Bullock remarked that the only remedy was by way of a mandamus,

Me Alabaster said that he was, very much surprised that the Crown had taken the point. There were no merits in such an application in fact, and there was no suggestion that, bot having got the money himwlf, the applicant had used it to assist the enemy: The objection made by Mr. The Pollock had no technical merità. Crown had chosen to effect an uncondi;

1.

G

COMPANY REPORTS

UNION INSURANCE SOCIETY OF CANTON, LTD.

By Cash with Bankers an

Ac

Chrrent and Deposit counts

G.

Silver 448,073 11 0 2,817,484,44 Gold.

079,473 11 4,091,780.58

Silver

Securities 313,048 14 10 7,708,3×3.01 He. Invections.

in Gold Securi-

Lies

The report of the Directors of the Union furance Society of Clinton, Lid, for presentation to the 46th ordinary meeting investments of shareholders on May 99nd, states:-

The Board has now to lay before the shareholders a balance-sheet containing a summary of the property and liabilities of the Society on the 31st December, 1918, of working accounts and a statement together with the sterling equivalents

1917 AccorNT. After payment of the interim dividend of $30 per share add the bouts of 20 per cent, to contributors, at the fast annual meeting, there passed

balance of $3,315,645.00 na por, remains a annexed statement.

Tite

Board

16,000 shares

British

Foreign £360, 480 18 47

tors including By Sundry Deb- Branch & Agency

Balances: Silver Gold

Br Mortgages

Silver $ 320,000.00, By Leaschuld

Property

320,000.00

recommends that this sum be appropriated as follows:- A full dividend to sharehold ers of $20 per share on 18,000 share dividend to share- A bonus

holders of $20 per share on An addition to the Reinsur

Fund of £130,000 Exchange 38. 47-160. An addition to the Building,

Reserve Fund of £30,000 @ Exchange 34. 47-184 Ta

of Dividend lization of Fand, £50,000 @ 3. 4 7-16d. To be carried forward to Underwriting Suspense Ac- count to close the account for the year 1917

DIRECTORS.

UDO, 202.75

178,032, B3

996,754,95

t

1.310.378.41 $3,315,643.96

In accordance with Clause 80 of the Articles of Association Mr. A, Q. Lung and Mt. J. A. Plummer retire, but offer themselves for re-election.

Air Policek said he had a preliminary The summons was ubjection to rise.

The taken on March 7th this year. Tiquidation bid been carried out partly tional appearance.. and, by doing so, had by Messrs. Shewan, Toners & Col and obliterated all their rights to make such

1915 AccorNr. The balance of working partly by Mr. Stewan, but there was no

an application. They could have entered account on the 31st December, 1918, was

68.230.22291, as per annexed statement. reason to distinguish between the two.

a conditional appearance, ar, even with-

The Board recommends that, an interina The liquidation commenced in October,out entering a conditional appearance. dividend of $30 per share be paid to 1914, and continued till April, 1918, and they could have moved to set aside the shareholders, absorbing $450,000, and that a bonus of 20 per cent. be paid to con- on or about the later date the balance in claim on the ground of irregularity; but,tributors, absorbing about $950,000, and hand was paid by the liquidator to the once having entered an unconditional that the remainder bo carried forward. Custodian. It was important for his appearance they had no right to make.

Bince the last general meeting Mr. G. T. Mr. Alabaster rend ex-Edkins has resigned his seat on leaving Lordship to note that the case of the the point now. applicant was that he handed over the tracts from page 1 of the White Book in the Colony, and Mr. R. Ross Thomson. of Messrs. Butterfield & Swire, has joined the Board. $40.000 some years before the war broke support of his submission,

Mr. Alabaster went on to say that Mr. out, and therefore the sum of $40,000, if elaimable at all, wis claimable against Pullock had made his point that permis the liquidator in the winding up. This ion should have been obtained from the however, was in effect a claim against the tiovernor, under the idea that applicant was proceeding under the Alien Enemies' Custodian as the successor to, and stand- ing in the shoes of the liquidator. "Then. Winding-up Ordinance. That, however, To Nett said Mr. Pullock, by Section 20 of Ordin. was not so 'in reality, because the applica ance No. 11 of 1917, no legal proceedings tion was made under the Enemy Trading Ordinance, which required that permis of any kind could be taken against liquidator or any other public officer' insion be obtained from the "Governor in connection with the Winding-up Ordin some cases, and from the Cuart in others ance without the permission of the The applicant had preferred to come to Governor. He asked his Lordship to the Court. The application was made, as was shown in the copy on the file, under note, Erstly, that the section referred to legal proceedings of any kind, eivil or Section 17 of Ordinanec No, 22 of 1914. criminal, and, secondly, that is referred not to the liquidator only but also to any public officer connected with the Winding- up Ordinance.

P

11

His Lordship: What is a public officer Mr. Pollock read an extract from the Interpretation Ordinange of 1911 to show that a public officer was any person hold ing any office, or discharging the duties, whether permanently or otherwise, the Emoluments of which were, wholly or, in part, derived from the Colony's revenue: His Lordship observed that that inclad. ed the Custodian.

Continuing, Mr. Alabaster said that the Crown, charged the applicant with taking money from an alien enemy." That he was entitled to do; there was nothing against it. But, added Mr. Alabaster, the applicant had not assisted an alien enemy, and, if he had, it was 30 defence to the claim, in question.

Hu Lordship said the suggestion was that the firm had spent the money in exporting godds from China to Germany.

arium

WORKING ACCOUNT, 1917. On 31st December, 1918.

Pre-

To interest

My Agency Com- By Head Office,

Branches and Agency Char

gm

1,454,087

18,630,106.32

228.304 10 6 1,358,193.78. 864.881 16 10 3,203,132.10

111,152 18 7 EGO,TOLAS

46,110,

59 978,885.44

£4,895,084 19.10 $28,606,6-40:34

Sterling. Exchange taken at 3a, 4 7-164:

P. H. KOLYOAK

STANLEY H. DODWELL, Directors.

C. MONTAGUE EDE,

General Manager. AUDITOR REPORT-We report that we have examined the accounts of the Society at the Head Office with, the books and vouchers

Hongkong, and returns received from the various branches and agencies for the year ending 31st Decem- ber, 1918. We have also katisfied ourselves: as to the existence and value of the securi. ties for investments, the

cash at

Bankers and on

on new shares issued has The premium ge to the amounts specified. bern credited to Reinsurance Fund Ac

We have obtained all the inform count. tion and explanations we have required. and in our opinion the above balance sheet

is properly drawn up so as to exhibit a true and correct view of the state of the Society's affairs according to the best of given to us, and as shown by the books of our information and the explanations the Society.

A. R. Lowe

Chartered

C. BERNARD BROWN Accountants.

Auditors.

Hongkong, 12th: May, 1919.

A. S. WATSON & CO. LTD. -

1.446,458 15 9 8,584,855.80 The report of the General Managers . 154,145 17 4 914,868,82 (Messrs. John D. Humphreys & Son) for the year ending. December 31st, 1918, £1,600,604 13 | #9,490,724.67 || xtutes: --

:ཀུན གནས། བ*སྟ*། By Rentners-

tion to Direc.. tors. Commit- tees and Andi- By Losses and Claims paid...

By Bonus of 20

percent. to L'intributors... By Interim Divi- dend of $30 per Share By Balance

...

Mr. Alabaster characterised this asu childish and rubbishy suggestion." The money was deposited with the firm years and years before the war, and he was perfectly entitled to it. "Some of the money was paid in Hongkong, and the Mr. Pollock agreed. He read from an balance was remitted to Hongkong. The

Ta Nett Pre- adavit in which the Hon. Mr. C. McI. Crown had said that the amount did not appear in the books. The applicant had

mium Messer stated that he was a public officer, gone into the books, and found they were To Interest and that no permission was granted by only for 1014 and later years, and the the Governor for the action, as required fact that it was not in those books proved by the terms of the Alien Eneufs Wind-that it must have been spent before 1914

ing up Ordinance.

Continuing, Mr. Pollock said that one

in sending goods from China

Reading from the declaration of the applicant. Mr. Alabaster showed that the firm stopped all business, on the outbreak of the admitted facts of the case was that of war and that all contracts which no permission had been obtained to take proceedings against the liquidator. submitted that the Custodian came within the term "public officer," and, therefore, the proceedings must fail, because it was a necessary condition for the power to take these proceedings that permission should have been first obtained from the

Governor.

existed then were broken. In regard to He the point made by Mr.. Pollock that the money was paid in Canton and that this Court had no jurisdiction over it, Mr. Alabaster said that it was a firm'a debt. and, wherever the assets were, there one must go to get them.

His Lordship asked why they had not endeavoured to obtain the necessary per mission.

Mr. Alabater went on to say that the action was not a personal one against the Custodian. There were German asacts in his hands, which would meet the applicant's claim. The Custodian would not have to pay the money out of his private purse, and it was not con- nected with the winding-up. There were neither real nor technical merita in the technical objection.

Mr. Pollock replied that the applicant stated that he received interest from the and they were satisfied. firm in Canton,

Mr. Pollock replied that there was no That was being done was merely to ussiab His Majesty's enemies in Canton.

analogy between the cases referred to by in proceeding to explain why the Mr. Alabaster from the White Book and Governor could not have given permissio the present case. He submitted that, at

even if asked, Mr. Pollock said that the mount was paid as security any stage, he could have miced

for being Compradore in the Cantonment for the defendant on the ground

olice.

5

that the Governor had not given permis-

the proceedings would be shortened. It!

misions

£ s. d.

30,453 10 10

103,801,17 7

4,346 9:0

*

183.118.39

C.

The act profits of the Company for the twelve months under review, after providing for

all bad and doubtful debts,

and donations to charities of $1,250, amount to.....$43,353.80 GLE,070.97 To which has to be added the balance brought forward from Jast year)

Laving available for appro .priation

23,786.70

797,212 5 11 4,731,822.75

936,214 3 10 5,550,510.31

25,463 1.3

151,137,00

80,273 910 476,430.00 558,071 16 2. 3,315,645.06

£1,600,604 13 1 80,499.724.87

WORKING ACcount, 1918. On 31st December, 1918. £

J. d.

1,533,573 2-5 9,101,886,83 148,802 2 8 889153.21 £1,682,370 6 19,95,840.14

By Agency, Com-". By Head Office,

2 ...

6-1,906" 0-10

Branches and Agüney Char

gea

120,025 14 11

By

Remunera

$

385,222.8%

We propose to pay a --- dividend of 4 per cent. which will absorb

.........$36.000.000 Write off Building Improvements, Furniture. Fit- tinga, Utensils of Trade Write off Aerated Water and other -Plant and "Ma

chinery

And carry forward

6,000.00

4,000.00

to 1919 account. ... 329.28

j4

4,973.40

48,329.28

$48,220.28

The existing Consulting Committer consists of Hon. Sir C. P. Chater, C.M.G.. Mr. Scott Harston, and Mr. H. P. White.

712,363.02 SISTER'S ATTEMPT TO

INCRIMINATE BROTHER. «

tion to Direc tors, Commit- tees and Audi-: tars"

4,329 2 8" 25,093.72 By Laxes and

Ciains paid... 441,870 6 4 2,622,537,60 By Bolaneo 105244 6,230,222,94 £1,682,375 & 1 $9,083,040,14

To

BALANCE SHEET. 31st December, 1918.

Authorised

Capital 18,000

*Shares of $250

To

cach

Subscribed Capital 16,000, Shores of $230 Cach upon

which 100 per Share enlled and paid up...

Silver

His Lordship: How do we get controlsion for the, action. He had made theo Reserve Fund: here - Pollock: I don't know; preliminary objection in the hope that suppose wo' shall hear evidence on that

Underwrit

J

A DASTARDLY RUSE THAT

FAILED.

At the Magistracy, yesterday, before Mr. R. O. Hutchison, a Chinese woman was charged with behaving in a disorder. ly manner.

Inspector. Macdonald. stated that the case was more or less a family afair. Complainant was a brother of defendant and met her on Tuesday afternoon at the Ko Bhing Theatre, in Queen's Road. $4,000,000.00 Complainant remonstrated with his sister

boat her association with men of he disapproved, and windy warhors followed two gold bracelatly the woman threw

780,888.89

on to the

στουρά,

and.

him

when her brother was picking them up to return to her, the seized him and called "Sastchers."All the way to the 260,583 0 8 1,500,000.00 ation the woman blew, a police and made a great noise, thereby 603,468 15 0 3,000,000,00 Sterling

195,000 0 0 1,157,311.68 Creating a disturbance. At the Police-

station she charged her

her brother, disavow- was absurd that a defendant who entered To Building Re

all relationship with him; in fact, point

His Lordship: The Custodian has the an unconditional appearance, could not

servo Fund... 20,000 0 0 118,701.70 he stated that she had

not seen "before. money here, at any rate,

Regarding the man's story as Pollock said that he wanted his Lord- Plead that a plaintiff bad not observed To Reinsuranco

the conditions precedent. In reply to - Fred ............................. 1,127,373 16 7-6,691,059.43, the more probable of the two, witness sent ship to understand that the Custodian had the submission that the action was To

detectives out to make investigations and not that particular $40,000. He had

found that the woman was telling “lics. sum exceeding that amount, but it did brought under the Enemy Trading Dr.

Later on the woman grew repentant and not include that amount. The money was dinance and not under the Alien Enemies

divalged her scheme to get her, brother deposited in Canton,

and that $40,000 was Winding-up Ordinance, Mr. Pollock drew To

into trouble. not taken over by the liquidator, when he his Lordship's attention to the summons

The applicant itself, in which the Custodian took up the liquidation

engaged to act as Compradore in specially mentioned. He said that the Canton, and, reading Irom Lo Shat Po's summons contained an application direct declaration, Mr. Pollock showed that to the Custodian to pay to Lo Shut Po money was spent in Canton, and never part of the moneys which he held a came to Hongkong at all.. The liquidator Custodian. only dealt with the property of Messrs. Router, Brockelmann in the Colony,

stand that t

war

His Lordship soked if he was to indar

the $84,464,42 was realised only in Hongkong.

Mr. Pollock replied that that was so. Mr. Alabaster, submitted, at this stage, that Mr. Follock was getting away from The preliminary objection.

Was

To

ing Suspense Accoun't

Exchange Fluctuation Account. 102,703 19. To Investment!

Fluctuation Account

Working count Balance

131,071 0 1

1917

620,912.81

Д

Mr. Hutchison: To accuse another perca falsely of stealing a pair of 242,708 17 1,441,091,83 bangles is a very serious charge.

Inspector Macdonald: She was in a temper and wanted to get her brother 658,851 16 2 9,315,345.96: into trouble. His Lordship intimated that he did To Working At-

Mr. Hotchison fined defendant $10, and not uphold Me Pollock's objection, and count

1018 Mr. Alabaster opened his case yesterday

Halance 1,081,241 1 6 6,239,222 or bound her over to be of good behaviour afternoon, stating briefly the facts which To Sundry, Cre

for three months. led to the claim being made by Lo Shut ditori

8,742,837.14 630,820 1:4

£4,835,084 19. -6 $23,096,640.34

Po

The hearing was, adjourned until to-

day,

(Other Local News will be found on

Pace 6.)

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FURNISHING DEPT.

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