1920-06-25 — Page 4

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INTERESTING PROBATE,

·ACTION.

(Continued from page 3.)^

The Po Cheung, as I have said, opplist troupes of actors to persions wishing engage them. Some of these troupes the Po Cheung itself assembled from actors recruited for longer or shorter periods; but it also contraéted to supply outside companies if necessary. This apparently"

JAPAN, CHINA AND SHANTUNG.

CHINA'S REFUSAL TO NEGOTIATE,

CHINA'S FOREIGN TRADN, IN 1919.

THE CUSTOMS' REVIEW,

In his review of the foreign side of

ware kept first. In 1885, he proceeds, Wa Ki balonged to No. 2 alone, other partners having been bought out. Po Cheung hid other partners I think up to 1888 while Wa Ki was No, da slone." This evidence was CONCILJATORY ATTITUDE OF TOKIO.

The following statement was issued on China in 1919, Mr. Unwin, the Statistical mad to defendant in this action on May | th. He admits that he swore this but Jane 18th by the Foreign Office in Tokio Secretary of the Chinese Maritime Cus adds that as now interpreted it is incorrect in connection with the Note, handed to the toms Administration, writes

The gross value of the direct foreign that he does not know how the interpreter Chinese Governmettin Feking by the

trade of China in goods (treasure exclud- interpreted his wordami

Japanese Minister, on June 14th

When the Treaty of Peace became in 1919 was Ek Ts. 1,342,870,818 and the net value, after deducting resports effective in January, the German Fightà

HL Tls. 1,977,807,099 Then sums ex and Interests in Shantung passed into the

pressed in silver represent ap

vis ous. The Japanese Government, in a

Again in the Probate Action or Jupe was the sole business of the Po Cheting. 13th 1016, he had said that the Po Chang The Wa Ki on the other hand made their started first, and that the books were not commencement as theatrical producers, kept by them but by the other partners..

They hired theatres in Hongkong, tom. At-Arm the Po Cheung belonged to No. 2 Possession of Japan by virtue of its pro advance on those of any previous year. porarily at first, but the business soon alone. Then afterwards both of them got dance with their repeated declaration rate 34. New York for the your they Bằng k

The new partners, the. Po Cheung had No. 9.and

11

Expressed in gold at the average exchange

an increase of 919 per cent, one they Be of 160 cont, over 1913 The goods import those exported at HK TIS, 830,809,411, The balance remains slightly in favour of tho,bago, inflow of gold, and, Bille in imports and in no way helps to explain tainly not less than 100 million value, that the country was bis to absorb during 1919. One is left doubting whether the Customs valuation of exports for rs- turds purposes accurately represents, their exchange value as commodities at the ting of shipment

ed were valued at Hk. Tis, 646,997,681 and

cer

acquired a more permanent basis. Ko Shing theatre was taken on lease about Kong. The Wa Ki was ariginally Lui and and pledge and with the desire and in- 1881. In 1500 the Chung Hing theatre was Ho No. 2 was not then a partner. He tention to effect the restoration of Kian bought. In 1909, the Ka Shing theatre was adds that the Wa Ki was then a branch of chou to China and to settle matters in given up and in 1919 the Chung Hing was Po Choink. He says a little lower downcidental thereto, instructed the Japanese pulled down: and houses were erected on that the Wa Ki was at first No. 2's alone Ministers in Peking to inform the Chinese

Government as follows:- the sits by the Wa Ki.. After 1919 the and that the ether men came in later."

(1) That it in the intention of the Japanese Government to withdraw the Wa Ki seems to have done so theatrical This Intter statement he says in this action

Japanese troops front along the Shan bsulness, though its activities in other on May 7th in correct. He explains it by

vtung Railway as a matter, of course, directions, and its investments in leeshold Linging last he meant that if any style at

upod an agreement between the two all was used for the business it was Wa Ki. property became very considerable.

Governments with regard to dispositions

Largely owing to the effects of the war, at Kiaochou. In fact the Japanese but parily, of course, to natural caused, He adds that the WA Kt was then a branch

Government, wished to withdraw the the direction of China's oversens trade will of the Po Cheung one man was in complete

troops as speedily as possible even before be found to have awang considerably from control of both.

an agreement was entered into, but, in its old lines in favour of America, whose the absence of any competent force to direct trade with China-apart from Hons. namume the duty of guarding the railway kong-was valued here at 911 millions tacs after their evacuation, they were con in 1919, against 73 million in 1913 strained to keep those troops tempora pozta from America were valued at 110 rily stationed there in order to ensure million and exports, at moment of ship

disclosing balance of 9 million taels in the security of communications and to most at 101 million thus disclosing a safeguard the interests of Japan add China, who are co-partners in a joint favour of America. This is a complete enterprise. The Japanese Government reversal of the figures of previous years, therefore hope that the Chinese Gorern which had always shown a balance j ment, appreciating the intentions of the China's favour, and completely disposes, F Japanese Government. will promptly may add, of the generally accepted ar organize a police force to replace the Planation of the huge shipmoat to China by America of gold and silver, even if we Japanese troops guarding the railway, were to add the cost of freight and insur- even before an agreement is reached as

Bago to the valte of exporta to other details 1

The plaintif's case is that while there was one firm, a family partnership, it carried on a separate and distinct business in each

Lastly his declaration of documents of place and under a different name: and that the Hongkong business has always been 18th February. 1913, is put to him here, trented as distinct from that in Canton, and be hai to nëmit that the Wa Ki books Thus the partnership agreement of, 1894 in fact started in 1895 and that the whola refers repeatedly to the business of the two of his evidence here on May Th as to the places; the Wa Ki in Hongkong; the Purabsrace of any books before 1993 and the "Cheung in Canton. Thus the business repsons given 'is' utterly untrue.

И

The of the Po Cheung of Canton is to be handed defendans has been throughout insistent af over to the 4th brother for his management course on the point that the Wa Ki was all and control and that of the Wa Ki of along a more off-shoot of the Pa Cheung. Hongkong to the 5th brother for hisNothing, however, can be more unsatis-

factory that his evidence generally. management and control."

}

With reference to the claim that the Po Cheung was always the head office it is pointed out that this is the only "passage

-

CHINESE GOVERNMENT'S DELAY,

"The Japanese Government are fully prepared to proceed with negotiations and to carry out their pledges, bas three received. months have passed without a reply being It is a source of the deepest regret to the Japanese Government that at a time when all nation of the world are making efforts for the establishment of an enduring pence, questions of import ance remain unsettled between Japan and China."

Two salient points emerge which I may as well set down now, (1) The Wa Ki and the Po Chesing cannot have been identical in the agreement in which the Wack is daring the period of 3-4 years when they not mentioned first; and that the Po had distinct partners. When he says that Cheung is here given priority in accortone was a branch of the other because ance with Chinese etiquette because its No. 2 had control, of both, he means no allotted to the elder of the 2 brothers more than this that, the same man was the Again, in the correspondence of 1913, the directing mind of both. (2) If the Wa Ki firms are treated as distinct, and the Wa started regular books some 3 years before K doing business in Hongkong.is con- the Po Cheung a conclusion which the

Therefore, the Japanese Government, trusted by the defendant's solicitors with defendant, though be resisted, was forced in

the end to accede to, it is futile to contend being all the more desirous of speedily the Po Cheung doing business in Canton that it can during that period bave been a settling the matter for mutual benefit, in out of the jurisdiction. Similarly in his mere branch of the latter firm. The evi-structed the Japanese Minister at Feking pleading and his declarations in a former dence throughout, shows that the books of on April 20th to urge upon the Chineng

two Arms were always perfectly dis

necessary steps. It was not until May action defendant, speaks of "both firms, tinct. Hongkong assets appeared only in Government the importance of taking the

14 general account the Po Cheung-of-Canton and the Wa Kil the local books. Wher of Hongkong. So in 1916 the defentinns of the family partnership was taken-in-1902 to that the Chinen Government gave

the Hongkong g

ng figures were obtained from their reply to the request of the Japanes

of a request for delay. applied to the Court for directions as to the Wa i books which were temporarily Government. The reply was in the nature the management of the property of the removed to Canton for the purpose

The defendant says. la true, that the infant and the appointment of trustees, balance sheets of the Wa Ki were, sent to But they were not His case is now, of course, that there is no Canton every month.

entered in the Po Cheung apparently such property within the jurisdiction. It books, and it seems probable that they were would be wrong, evidently to put this sort sent up simply to meet the convenience of of thing too high; and I agree that it is the other partners who lived in the country not in any way conclusive, but I think that and, for whom Canton would be a more convenient teatre than this Colony: The itpoints to a differentiation between the family agreement provides again for en two branches not wholly referable to the annual inspection of the Fo Cheung

But this document". accounts at Canton mere difference of w

differentiates the two firms throughout in the most acquivocal fashion and it is quite Po Cheung books per se gave clear that no indication at all of the assets of the Wa Ki.

PEKING'S NON-POSSUMOS. "The Chinese Government said:---

In

Imports from Great Britain recovered alightly from the low figures of the latter part of the war, but fall for short of those of 1913 and 1814 Exports, on the of the decade." Trade with France was other hand, more than doubled the average well up to the average of the decade in both importa and exporta; with Belgium exports recovered, but imports, which had attained a high-figure before the war re mained inappreciable. Exports to Italy were below the average., Trade with Rus sia and Biberia, aa is not surprising, showe heavy decline from the early years of With Japan the

remarkable the decado. increase in imports and exports that has characterised each gear of the decade showed no sign of diminution in spite of the boycott, which indubitably had its 247 million taols, and exports, 155 million's effect. The values for 1919 were imports,

55 million. in 1912. against imports, 01 million, and export

THE JUNE SETTLEMENTS AT SHANGHAL.

$1910-1990.

The Chinese Government fully ap preciate the intention of the Japanese Government in restore Kitochou and to prepare for the evacuation of their Ten years ago the year of the “Hub- troops along the Kiaochau-Txinanfu ber" boom-there was considerable excite- Railway, which are incidental w the ment on the local stock exchange.

This year (according to report) there carrying out of the terms of the Treaty is again quite a little exaltament as re of Peace. China, however," has not signed the Treaty of Peace and is not new in a position to negotiate directly roy as they were reported to be some dags.

ago-hanghai Mercury. with Japan on the question of Tsingtao, Furthermore, the people throughout China bave assumed an indignantly antagonistic

garda Cottons" and things are not wo

The next question is that of the books kout by the two firms with which is intl mately connected another question, that of the outside partners. The books are im-

attitude toward the question of Kino have been transferred to Japan in accord- portant for two reasons: firstly, if Cinton

The strongest point made by defendant

chou. For these reasons and also in ance with the Treaty of Peace. Since the is the bead office and Hongkong a mere

consideration of the amity between Chinese Government had previously given branch thrown out lifter, you would expect for the identity of the two firms is when

Japan and China, the Chinese Govern. her consent to the transfer, these rights." to find, that the Po Cheung books started he says that. adrances made to outside

ment do not find themselves in a po- and interests rightly come into the poss earlier that those of the Wa Ki. Secondly, troupes engaged in Canton for Hongkong you would expect to find in the book of a Cheng, and thint, when Po Cheung troupes On the other hand, the stato of war with therefore, that these rights cannot be tion to make a reply, at this momens,sion of Japan. It follows naturally, were not repaid by the Wa Ki to the Po bead office particulars of the investmbats and the business of the branches. The were sent down the Wa Ki made to pay-

Germany having ceased to exist, all affected in any way by the refusal of the question of the outside partners is importment in respect of them. This would potat

Japanese military establishments, arthin Chinese Government to sign the Treaty of aut because the defendant's case is that to a common treasury, a pooling of re-

and without the lessed territory of Peson, what an area with these were not two businesses, but one busi. source, making it probable thas the two Klaochou re unbecedy and the ree. Immediately upon the coming into nees from the beginning, with a commot firms were in-fact, one commen' business. But there are difficulties in the acceptance

toration of all pre-war conditions along force of the Treaty of Peace with Ger- treasury and that the, Po. Cheung was

of this "view"," There can bare beda no the Kisochon-Isinanfu, Hallway, being miay, the Japanese, Quretament, in always the head office with complete com

heartily desired by the Chinese Govern ccordance with past repeated declarations. trol, and the Wa Ki merely a local branch common treasury atis, time as any

Now as to the books; the defendant more when there are distinct, parton The meat and the people of China, they pre- and pledges, proposed, takethod chinose that when the Wa E started operations he defendant admitted, i crorexamibatida pose to effect, & proper organization to Government, to open negotiations with a replace the Japanese troops in order flow to the restoration of the rights and cannot say if any books were kept, Limple Hongkong to the Po Cheung, which e

hoof course, that romittances were made from

to secure and maintain the safety of the interests in Shantung unter the under- explains that the business was of a

whole line. However, so the Finde standing, reached in Paris, and also to ature, that they hired albeatte, paid the chiefly used in the payment of troupes. rent, and divided, the balance of the tak. These remittances were ontered Popondent entirely of the question of the acgotiate, orez, matters in connection with restoration of Kisochou, the Chinese the restoration of the territory, formerly ings. He then goes on to state definitely Cheungs books as were? also remittances

Government will not delay, the exsertion leased to Germany. - d that no books were kept in Hongkong uath to Siu Lam. I think that this admission

of the oracuation after-No-26 desth. Ho explains that he practically neutralises the exclier state If abows that Ws El did in faer waa instracted by No. 9 to prepare every ment

RECENT FOR RECONSIDERATIUS.” ***The Imperial Jap show! Government, night liste of

Once maka, payments to Po Chanag on account payments and receiff Once

Upon receipt" of" reply the Im-however, always considering the amity and or so No. 2 came down and inspect of troupes: it follows that Ws. Ki must

good neighbourhood between Japan and ed these loose slips, and when he was mats have had a troupe sccount with Po Cheung perial Gorgrament of Japan addressed:

Of course at a time whid the partners of Mote to the Chinone” Ger

China, boroby Porterate their declaration fied with the accounts he burnt them. The

identicale very strict roconsideration. The Nate was, ad follows that they will accept a proposal for witness adds that no books were kept both firms, wate

and the In their memorandus the Chitose negotiation at any sime considered agree. because No. 2 Dover ordered that they accounting would be,

Trom Hongkong Government stated the king, did not d able to the Chinese Government. should be kept. No. 3 died of course in beide the remiss 1893. Nothing could be more detailed or would be held see the dienst of the themselves in a position promptly to meet TER BALLWAY GUARD clearer not only no books were kept the Partnershin. Now it in admitted to the request of the Japanese Government

managing partner of resson is given.

hole concern, for the opening of negotions, looking In consedon with the Hailway guani Nezt a to the outside partners, the the defendandy Bae resided bees perma defendant says that a man surnamed Kong since 1897 In 1908 ako sasa of the WaEl to the adjustment of questions and slong the Rhantung Railways the Japanet had share with No. 2 in a single troupe were grester than the cost of the partner rangemouts provided for in the Treaty of ese Government refer to their Note of in Canton in the early daysThis ship nebola taken together. The Burnces i Pesos with Germany because of the im. January last, containing the atoment of ortance which they attached to te thee" int8aulog to withdraw the Japanse 3 or 4 years and then Kong retired. He Hongkong has been for man

By the lations of amity between Japan and China, troops, ko ones, even before the condusion- Chinese police force was never however a partant in the Peator entirely unrout

large nesols and ralap because China had not signed of negotiation itself. As to Hongkong bo, says thashhortly after No. 3 para

the Treaty of Peace with Germany, and organized, competent to tako over the Faz further booked the people of China rete oponlities of guarding mutust: in- Kafe&Reference is made to military | indigns46: Chế. Jagthem/ Cloverda

2

o

VETLOUR.

kong he had two parzzers Ho, and Lin

a theatrical reature. They wore you part bors in the Wa Ki but they shared

Po Lok theatre för

the Probate Action, the

had said on September 2nd, 1975, the

Cheung kept book. hist. But he franted immediately with

of documents in Of 106 of 1919 her had stated that the Po Chaqug books began

-that

PALE INTENTION

in however, would point out that funds equipmenja, established in and around

ot exista between Japan to tan disposition of the

Tam not prepare the monend from what date tha sopovat, thould begin. Apparently in 1908.

chod, The - pontisite, adanional band" for degotiation. It is a £ of Kinochod. The room dikirs definitely to settle with Chingt

of the Imperial Japanew to the disposition of these equipmentóm- Fan 8000ûnt was faced on the bars that the before 1894: Theroi Lehiak, however, the bin brothers and in fact a partiralup Inter Goverantent leave for doubt of the Japanese Government and Gur-

with which mence degotiations. If the Cant need evidence of any partnership before that Ipad sob a fair nice settlement of ernment will proceed to negotinor" ques

hardly be emphasized that whisky." afe Possibly the brothers were pleased the question as the earliest possible date, tions will be solved simultás" "Jäpinneso

of No. 2 and were therefore will; j

in 1888 that no books were kept before be

In conclusion, why the enforced thel year at ami arly that, the Wet Kragive him more than he was writiRAN ZUTS NOW JAPAN'S

The Imperial Japanese Gorornmont, Government deeply" é understandings books began in 1885 and that it had a titied toIt is possible that the Books before that year. He admitted thon nay agree to apcept Mak's account up to therefore, fail to understand the contendelag, in carrying dad the Paric Con- he had made this declaration, and be 10 and art afroh enquiry from that tion of the Chinese, Government that they the agreedon, auchlinge in the Prococcod to explain that when the Po yes The form of the order might be da not find it comentent to negatiste ferenda, 7 they lefair and just Cheung started No. 2 was in partnership, saltled in Chambers understand that directly. It is a plain and postfre, fact mucers dancorbon, with the loant poo Fakreon to the appointment of that all the rights and interests which solukon o panising a tzed policy to

„ot the adopted son: Germany, formerly ponadmod In" Blasting, rible "dels gr

A) (Vohishued" as foot of

with another man. But No. 2 subsequentl

bought him out. Similarly, he had per trustour partners in the Wa Ki but the Hongkong unt 1.bo

Liberty Partner was bought our first so looks of it