1919-06-02 — Page 3

A COMPRADORE'S SECURITY. ACTION AGAINST THE CUSTODIAN OF ENEMY PROPERTY,

FUDGMENT

FOR THE APPLICANT.-

THI HUNGKONG. DAILY PRESS, MONDAY, JUNE MD, 1919.

I may mention that Ordinance 11 1915, Section expressly empowered a liquidator with the permission of the Garernor to discharge liabilities in- curred by an alien enemy on behalf of a

It is admitted that no claim was made to the liquidator appointed under the former Ordinance, and the Custodian.

5.45

COLONIES.

REPRESENTATION OF THE HONGKONG GYMKHANA CLUB,

SATURDAY'S TRAINING NOTES. On Saturday morning some useful training was put in by the ponies enter- ed for the coming Gymkhana. The

HONGKONG'S SPECIAL CLAIMS:

The question of representation in the

I

At the Supreme Court, on Friday, the branch of his trade outside the Colony. Imperial Parliament is again affording course was wet and beavy and therefore, Phir Justice (84 Wilham Rees Davies, This, however, is only relevant in so far Hongkong newspapers a good topic re the panics had to be taken at a moderato K.), delivered judgment for the applias the deposita were made to secure the marks the Daily News). As has pace. The following times were record-

frequently urged, the Crowned: -

Viola galloped a mile and a quarter cant in the civil action in which Lo Shur applicant in the discharge of his duty to been

in the war, it is only right they should in 3mins 10sees,, taking gmina, 37 2-5secs. Bv. of No. 43, Bonhain Strand, Hong the Canton branch, the deposits being in Colonien hay,played so important a part 'kong:~asked for the return from the fact paid ur received in Hongkong.

have a say in the development of their for the first mile. destinies. However ardens in the dis Aidlog and Bend Or negotiated three- Colonial Treasurer, as the Custodian of the property of Messrs. Reuter, Brockle man & Co. an enemy firm of $10,000,

charge of his dution the Colonial Secre-quarters of a mile in Imin, 49sces, Rover- Red Ensign was timed over the last which sim the applicant deposited in by virtue of the later Ordinance of 1915tary may be, it is impossible for any home ing the last quarter in 36seca

politician to possess as accurate know! for the performance of his duties as control of moneys received as a result

of the liquidation of the firm. I may working in the cause of any particular taking 2mins. 292-sees, and negotiating.

the last quarter'in 34secs. compradore. Plaintiff claimed his money, together with interest, from the balance mention that no machinery is provided Colony. Perhaps Hongkong, even more ut 884.484.42 received by the Custodian by the winding up ordinances for require than any other Colony, needs' this direct limit is prescribed: and the Custodian hold in China; her harbour, în normal

4907, and 1900 with the arm as security of 1913), is now entrusted with ledge as a man who has spent many years mile of a mile and a quarter gallop, |

tion...

16

Morning Star took things sasily over a mile and a quarter, taking 3mins.

from the liquidator of the fire in ques. ing claims to be made, and no tima representation. She is the British strong 1 1-5secs, for the whole distance.

The Hon. Mr. C. G. Alabaster and Mr does not in fact reply on the applicant's times, is the sheltering place of Britain's) Eldon Potter. instructed by Mr. F.. Blaches in not making a claim on the Navy in Far Eastern waters; and.she is 344-ite the first mile.

L. Bowley (of Messra. Dennys & Bowley) were counsel for Lo Shut Po, and the)

tiquidator.

1

Lord Lorne did a good mile and

in 3mins.. 9 1-5sces, taking 2mins...

an important centre of commercial anti-Pink Eye alloped a mile in mins.. vity. She is in a position accurately to secs, going the quarter very slowly

and, in fact, acts as sentinel to the Rheostat and Sunbeam ran....com- British population in the Far East:pany over a mile and a quarter. They Suggestions for direct representation have accomplished the first mile in 2minis. on an at-been mooted by Sir John Anderson with secs, and the whole distance in amins.

a mem- regard to the Federated. Malay States, † 17 4-Bsecs.

The position which the applicant takes Hna Mr. H. E. Pollock. K.C.. Acting up is that these deposits were made in follow the doings of business competitors, in 37 2-5secs. Attorney General, appeared for the Cun. Hongkong, that they were Hongkong todian (the Hon Mr. Mak. Messer).

His Lordship's judgment Hyblown.

Was

sets, and that he is entitled to rank as a Hongkong creditor. In further support of this allegation he relies This is an application by originating fidavit made in February last by

simmons for the payment tu the applis ber of the enemy Erin which confirms the and it places like Ceylon also entered the

Gentle Cat galloped a mile in 2mins.

int by the Custodian of Enemy property applicant as to the deposit or transfer arena, there might be a chance of secur-994-5secs., finishing very well.

of the money to Hongkong and his righting a favorable hearing in the Hous to the return of the same,

of a sum of $40,000. being mores deposit ed" with an alien enemy 6rm-Reuter, Bruskelmann & Co.-by the applicant as security for the performance of his duties as compradore to that firm,

The Comptroller contends that the deposit was made in respect of daties to

bi performed in the Canton branch and under a compradore agreement which re- The application is inada wader Sectionated to the Canton branch. That it be 7-of Ordinance of 1915, which is one of the Trading with the Enemy Ordi-came a Canton asset and is not within nances. The section empowers the Court the scope of the liquidation; and he re- to order the payment by the Custodians on the evidence of the applicant

American Chief and Judex were gal- with the ultimate privilege of repre-loped together over a mile and a quarter., sentation,

doing it in the satisfactory time of 3mias. Eseca. They took matters comfortably over the last quarter.

BROADWOOD ROAD WATER SUPPLY.

וי

GOVERNMENT'S INTENTION TO BUILD FILTER-BEDS.

The Hon. Mr. O. G. Alabaster, O.B.E..

་་

Paper Money went over a mile and a quarter in 3mins. Disecs, taking 35seca. for the last quarter.

out of the property 'received by him of that he received payment of the interest gave notice on May 27th, of his intention onins. 29secs. "^

any debts due by an enemy firm..

to

secure

Hector ran a mile in 2mins. 49secs, taking things easily.

Alexander was taken over a

mile in in Clinton and made repeated attempts to ask the following question:-Will the

Burning Daylight's time over the last payment of the principal Government take over the private pump-three-quarters of gallop over a mile The material facts are not in dispute.

Stated ing-station, which new supplies Broad- -waa lmio. 48 1-5seca. Prior to the outbreak of war, Reuter, through the Canton branch.

Vivat went over a mile and a quarter Brockelmana & Co., a German firma, car. briefly, -objection is taken to payment on wood Road with water, ar make other ried on business in Germany and at the ground that the amouat has has beca provision for the water-supply of this at a moderate pace in 3mins. 20secs.

Smokebox went easily over three-quar- Hongkong, Canton and Shanghai. The appropriated to the Canton branch of district, so that the residents may get Canton branch was controlled by the the enemy firm, which was subject to their water on the same terms as preters of a mile in 2mins. secs. manager in Hongkong. The applicant, extra-territorial jurisdiction and outside vaif in other parts of the Colony t

compradore to the the scope of the liquidation proceedings Mr. Lo Shut Po, was Hongkong branch from 1904 to March in Hongkong 190, and in that year he became com.

st

pradore to the Canton branch. Ou "January, 1907, he deposited with the

The reply is as follows:-The Govern- ment is not, prepared to take over the

private private pumping-station, the gravitation tanks of which are situated in a

It is the intention to build filter- house. beds in the neighbourhood of the eastern

CANDID CONFESSION.

"A LITTLE BIT OF BOOZE.” At the Magistracy, on Saturday, Ed- ward Sheehan, was charged with being

vagrant.

Hongkong branch $20,000 as security for the Canton branch is admitted, but there end of Bowen Road, 28d a sum of $400,000 Defendant, who appeared to be in a

his position as compradore in the Canton brunch. The receipt for the money is signed by the then manager of the firm in Hongkong, and it agrees to pay interest at 8 per cent. per annum on the deposit. On March 6th. 1907, a com- pradore agreement was signed at Canton by which the applicant underteck, inter aft, to deposit the sum of $20,000 s curity. The sum bad as a fost already beet deposited in Hongkong.

Un January 1st, 1909, by arrangement the applicant deposited a further sum of $10.000 as further security. This deposit was bade at the Canton branch but was remitted to the Hongkong branch: The receipt is signed at Canton and also provided for the payment of interest

8 per cent. per annum.

Or. December 29th, 1900, the applicant deposited further sum of 810,000 as further security. This deposit was made at Hongkong and the receipt is signed at Hongkong and likewise provided for the payment of interest at per annum.

per cent.

On this I must observe that there is no evidence in proof of appropriation by the Canton firm. That it was paid here for indemnifying the applicant in

is no evidence that it, or any portion of it, found its way to the Canton branch post be the applicant's allegation to which I have referred as to the prob ability of the amounts being cred ed in the Hongkong books the Canton brwich and not to himself. Supposing however, this to be the case, I do 201 think it affects his right to the retur

of the money-

to

What, then. is the legal position of the Custodian as the statutory successor of the liquidator? The object of the Ordi ones is to wind up the affairs of alien my firms, it.. to get in the assets and In the view to discharge the liabilities. which I take of the case it does not affect

the rights of the applicant what became of the money unless it can be shown that the applicant was a party to the conver sion of it, nor can the question of the position of the enemy branch at Cantos

arise.

The pur

Oc

is provided in the present year's estimates for commencing the work. Broadwood Penitent mood, made the following con- ression:-I am an unemployed seaman. Ridge will be supplied from, these beds,

I had been working on a steamer, and, when they are completed chasers of lots in this neighbourhood being ill when the vessel, arrived in accepted the following condition of sale: Hongkong, I entered the Hospital.

The (iovernment is unable to ensure leaving the bospital I found that the ship a supply of water to the lot, but will, had cleared out, leaving me behind. at the expense of the purchaser, lay obtained some money and had a "' booze,'” service to the nearest point at which a after which I went to the Sailors' Home supply by gravitation can be obtained and had a row with the manager, Cap- from the existing water works system."

I

tain Milroy I was a little "boozy ", then, and was brought up before the Magistrate and fined $5. Then I went JUVENILE OFFENDERS IN back to the Home, and was refused ad-

PRISON,

TO BE EMPLOYED USEFULLY.

The Hon. Mr. C. G. Alabaster, O.BE.,

mission. After that, having a good sura of moncy-about 60-I had a couple of days' knocking about. "I secured & barth on the Astoria some time ago, and, well,

It is not challenged that the money. gave notice to the Government on May I had a little bit of "boows" on her, was received in the Hongkong branch in

16th of his intention to ask the following too, I worked in her until I had earned respect of the discharge of the applic. ant's duties in the Canton branch. When question: Will the Government take about $30; then I left, and have had no those duties have been performed, or in steps to provide juvenile offenders in gaol eployment since. When, finally, I came the event of the compradure agreement with employment, and elementary instruc- to my senses I thought to myself that "I er at any rate is not in a position to becoming terminated by 6 months' notice dispute, that these payments were made or Frecived in the Hongkong branch. The (cinus of L.S.P.2), the applicant betion during part of each day outside had better consider the means of going

their cells, instead of keeping them in firm's book for 1907 and 1908 are not. I care entitled to the return of his money.

Now the Custodian, does not dispute

understand, forthenming, but the appli. Furthermore, the deposit being an asset cells for 2 or 23 hours out of every' 24, 1

ent alleges that the amounts would not of the Hongkong branch, it was in my

to sea

I went to see the Harbour Mas- ter and explained to him the whole truth,

be credited to him but to the Canton opinion immaterial where the contract a confinement which must be injurious branch, and may have been employed in respect of which the deposit was made, to them physically, mentally, and moral Home to "Captain Milroy, and I went

On the further ly 1 was to be performed. point I do not think that the fact of This,

the applicant demanding payment in the fast instance from the Canton branch can prevent him subsequently coming to he (a) that the moneys were paid or re-paid the money, and demanding its re-

ceived in Hongkong

payment for goods purchased by that branch for export from China. however, is conjecture, and in no war it was long before the outbreak of war and so objection could be taken to it..

Two facts are therefore proved-

al Canton.

(b) that the monies were security for discharge of the applicant's duties Another fact was admitted that the applicant remained with the Canton brunch after the outbreak of war, and received 8 per cent. interest on, the do- posit of $10,000 up to June 30th, 1918. , until the Germans, were exclud.

as I am explaining to your Worship дож Ho telephoned to the Sailors"

there. I was told to clear cut. I then The reply is as follows:-Arrangements went back to Captain Taylour and he work in association in the gallery of F. to get me away on the Empres of Axia have been made for juvenile offenders to gain told me that he would do his best Hall daily from 6.30 am to 4 pm, I told him that in the meantime I had

afternoons and Sundays ex no place to live.

Mr. Lindsell aaked Sheehan if he was till arrangements could be made to send him on the Empress of Ant -Sheehan expressed his willingness, and an order was made accordingly.

Bond branch in Hongkong, where he Saturday work will generally conwilling to enter the House of Detention

turn..

I may add that, assuming no question of alien enemies to exist and the Hong kong branch of the firm to be in bank. ruptcy. I do not think that the truster on the evidence could fail to admit the proof.

summons,

■

cepted.

sist of oakum picking, envelope-making, or light tailoring. In 1918 the daily average of juvenile offenders in the gaol

was two, and the length of sentence was. in most cases very short..

There must be an order in terms of the POLICE ACTIVITY AGAINST As to the cont. I had some doubt as BAD CHARACTERS

to the course which the Court, should

SPORT....

CRICKET.

{ 'Iron Craina en China joining

He alleges that take, having regard to the delay of some GOVERNMENT RETICENT ON THEME. PONSONBY FANE'S XII. . N.C.O's

the Allied nations.

be remnined with the

Grm there years in making the application and

his $40.000 security was owing the wasons for such delay. It is, of to him, and further that he made several course, possible that the original liqui- aplications there for the return of this dator may have entertained the applica money. He admits that he knew then went the applicant being enforce affairs of the firm were being liquidated to come to the Court. It appears, how- in Hongkong, but ys that he did not ever, that the applicant through his soli understand the procedure for making his citors took all necessary steps to obtain The real reason, nl payment from the Custodian before application here. course, is that he was quite satisfied so taking these proceeding and it was re lour as he was paid 8 per cent interest fused. In the circumstances, I feel coz on his money, and when this was stoppelled to make the order as to costs, and ped, acting on the advice of his solier the application is entitled to them out of torn, be made this application.

the costa q Now the frm in Hongkong was wound Two Counsel were certified for.

The Attorney-General applid for a up after the outbreak of war under The Alien asies Winding-up Ordinances,stav of execution, for 3 months...

The Hon. Mr. Alabaster opposed the and the Unnidator appointed under those. Ordinanca maid over a sum of $34,000 odd application, which was adjourned into to the Custodian of Enemy Property.

Chambers.

- SUBJECT.

AND MEN OF THE GARRISON.

The Hon. Mr. Lau Chupak gave

This match will be played on His notice, on May 8th, of his intention to

Majesty's birthday, or the Hongkong ask at the next meeting of the Legislative, Council the following question-In view Cricket Club ground, beginning at 10′ of the stringent and drastic measures a.m. The teams will be as follow:- that have been, and are being, taken by Mr. Ponsonby Fanes XII.-C. Severni, the Chinese authorities in Kwangtung to U. Omar, Licat-Col. Coles, Yew Man out bad characters in the districts Tan, G. E. Marley, A. H. Rumjahn, D. adjacent to this Colony, what steps have the R. Wahl, A R. Haworth, A. A. Claxton,

Ponsonby Fane Government taken or do they propose to C. Stapleton, C. C. Robinson,

prevent such people from

taka 'to

The

and

reply is as follows: The ment has no information regarding the raensures referred to. It is thought advisable to make public, the methods which are adopted for dealing with-- desirable characters

y as a field for thers Grison XII-R. M. Keenan,

ROME, Allan, C..M.. Talfourd, C., B. M. Goodman, Bergeant Athorne, Strange, Loc. Cpl. Lawrence, Copil. Horrocks, C. 8. M. Turley, Bergt. Gür. Baihes, Fla. Connors, Corp, Mon.

CROSSE & BLACKWELL

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Anchovy 45c.

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Herrings in Tomato Sauce,, Pilchards in Oil

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White Onions, Gerkins) Picalfi Mixed) Red Cabbage

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MACARONI, VERMICELLI, NOODLES.

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