1923-02-14 — Page 3

Page

NOW IN COURSE OF COMPILATION.

THE DIRECTORY

FOR

AND CHRONICLE

1923.

KOREA CHINA, JAPAN, INDO-CHINA, SIAM, STRAITS SETTLEMENTS, MALAY-STATEĄ NETHERLANDS INDIA, PHILIP.

PINES, BORNEO, ET

SIXTY-FIRST ANNUAL ISSUE

containing

1,800 PAGES:

INTIMATIONS

THE HONGKONG DAILY PRESS, WEDNESDAY, FEBRUARY 14TH, 1973.

H.K.C.U. TENNIS TOURNAMENT.

MEMBERS and SUBSCRIBERS

reminded that Estries close on 15th FEBRUARY, 1923, and the TOURNA- MENT begins on 1st MARCH, 1913

By Order, E. J. R. KITCHELL,

Hon. SecretaryD

HONGKONG FOOTBALL

309)

ASSOCIATION.

INTERPORT GAME.

HONGKONG « SHANGHAI

SATURDAY, Fauruary 17′′a.

AN INTERESTING LEGAL POINT.

ARE ALLEGED WORTHLESS BANK- NOTES VALUABLE SECURITIES."

The Chief Justice (Sir William Rece Davies) and the Puisne Judge (Mr. Justice Gompertz) sat in Full Court yesterday to consider the interesting legal point raised by Mr. Elseley Zeitlyn," at the Oriminal Sessions in the case in which two men, named Chan Chaen and Tong Cheuk, were found guilty by Jury on two counts of (1), forging valuable secur itoes, and (2), sertain documents. r Zeitlyn, who appeared for the prisoners, contended during the hearing of the case that us the Kwangsi Bank, whose notes. the men "were alleged to have forged, had gone out of existence, its. notes were worthless and not therefore valuable securities. Sentence was, not passed on the mea until the legal points raised by Mr. Zeitlyn in the course of his defence had been decided by the Full Court,

Addressing the Full Court yesterday Mr. Zeitlyn said he submitted that the making of the documents (purporting to be one dollar' notes of the Kwangsi Bank) was not forgery in law; secondly, that, on the evidence taken, the documents were not valid security within the mean ing of the Forgery Ordinance, [310

Club Ground, kick off at 4 p.m. sharp. SOUTE CHINA ATHLETIC v. SHANGHAI MONDAY, FREEUARY LUTH.

Club Ground, kick off at 4 pm, sharp.

BOTH GAMES."

14 MAPS!

ADMISSION TO STANDS-

Covered (All Resorial) Uncovered (Reserved)... Vareserved

து

$2.00 1,50

't

"1.00 0.50

SPECIAL NEW MAP, OF HONGKONG

AND THE NEW TERRITORIES, PRICE ....... $12 Abridged Edition

$8

THE DIRECTORY covers the notable even ports and cities of the Far Eset, from Nether- landa India to Siberia, in which Europeaca reside.

Chairs Soldiers and Sailors in uniform half price to all the Unreserved Seats

Booking for the Reserved Accomodation ovens at MOUTHIES on the 6th

Not only is the Directory as fall and complea in each case as it can be made, but each Colony, Port or Settlement is prefaced by a DESCRIP TION, carefully revised eson yet. most of which will serve as scanrite GUIDE FOR IN TOURIST, giving every detail in connection with the places, ther History, Topography, etc.

The Information in these Descriptions, consist ing of a hundred interesting articles, packed with facta concisely set out, and "containing statistics of the TRADS of each Country and port, would alone suffice to fill a large voluma

The Book is printed from New Type specially reserved for the purpose, and uniformity. every arrangement greatly facilitates reference.

COMPANIES (WINDING UP)",

IN THE SUPREME COURT OF HONGKONG.

ORIGINAL JURISDICTION. THE MATTER of the COMPANIES

ORDINANCE 1911-1921

and

section 4 (sub-section 28.).

1999,

According to the Bank Charter Act, the term banknote "meant a bill or note for payment of money to bearer on demand, Ancther authority described a bank hote as a promissory note issued by bank and payabis to bearer an demand. Mr. Zeitlyn then read the wording on the back of the note which was

4

Proclamation by Luk, Wing Ting, Military Governor of Kwangsi. Hither- to banknotes issued by the Kwangsi

THEATRE

HONGKONG.

ROYAL,

THE GREAT AUSTRALIAN THEATRICAL FIRM

J. C. WILLIAMSON, LTD.

PAINT THE

Bank have been in current use in the GILBERT & SULLIVAN OPERA CO.

market: They are convenient in ex ebarge and to carry about and are the quivalent to ready eash. With the * establishment of the Republic, their eredis has been greatly increased. As old bank notes are incliffelent for cir culation, an additional issue is there- fore, advisable "to ensure efficiency, large sums of money have been pre- pared for the purpose of cashing, with a view to creating "facilities to the noney market. In paying taxes or ro venues and in dealings they are to be used according to their face value.

The proclamation concludes, said. Mr. Zeitlyn, with the words: "All brethren are hereby notified and request ed to comply herewith."

Mr Zeitlys submitted that within the definition of a valuable security nothing could be found that remotely covered that document.

By Permission of M. R. DOYLE CARTE headed by his Famous London Star

Mr. CHARLES WORKMAN

from the SAVOY & LYRIC THEATRES, LONDON, with Fall Cast and Chorus of 40.

NIGHT

THE YEOMAN OF THE GUARD.”

PRICES

Box PLANS AT MOUTRIE'S.

$4, $2 & 31.

MATINEE-33, 82 & 31.

Children-HalfPrice-Cash Booking, Only

Zellin; If your Lordship its IMPORTANT NOTICE.

The Chief Justice (referring to the docu ment under discussion): What would you The Puiane Judge: You cannot go call it} behind the verdict of the Jury. They found the prisoners guilty. The points me, I would call it a pious declaration reserved by myself were whether on this by a military commander." fact in law (1) they forged a valuable arcurity and (2), whether they had forged a document..

Counsel contended in conclusion that if the document was valueless, no charge of forgery could persibly be brought. A conviction was obtained against the pris oners upon an indictment which, in law, could not be sustained and should, there

Counsel replied that he thought His

fore the case went before the Jury Honour reserved the first point long be He on that occasion contended that therefore, be squashed.

IN THE MATTER of the CHINA SPECIE was no ease in law to go before, the Jury.

** BANK, LIMITED.

The Chief Justice; In other words, your point was that on the evidence there WAR no case to go before a Jury?

'MR. BANKER'S, EVIDENCE,

од

",

THE CASE FOR THE CROWN. The Court" then adjourned for tiffs and the afternoon, the resuming in Attorney-General (The Hon. Mr. JH. Counsel assented and said he wished to Kemp, E.C.) proceeded to address the call attention to the evidence of Mr. Court on behalf of the Crown. He des

ance of Hongkong as "the making of 'a George Banker, who said that he leftcribed forgery, according to the Ordio- Kwangsi last July that he had not false docubent in order that it may be been there since July and that the Bank used as genuine." It was, he said, poss had ceased to do business and that ible to have Torgery of a document, which business had ceased in June of last year. "There is no bank to redeem those notes was incomplete and insufficient in the drew their Lordships' attention to" the and therefore they are worthless," added eyes of the law, The Attorney-General definition of forgery of valuable security. This definition commenced with the words "any writing. There was no

TOTICE IS HEREBY GIVEN that a petition for the winding up of the shore Company by the Court was on the 9th day of February, 1923, presented to the said Ceart by THE GENERAL EXCHANGE COMPANY LIMITED, & Company registered in Hongkong under the provisions of the Companies Urdin

1 and 1911-1021 ances

whose registered office is Victoria in the at No. 13, fee House Colony of Hongkong aforesaid.

And that the said petition is directed to be heard before the Court sitting at the Courte of Justice, Victoria aforesaid on the 3TH DAT of MARCH, 1953, at 10.30 A., and any creditor or contributory of the said Company desimus the Far East contains the names of ores support or oppose the making of an order or

the said petits Counsel for that pur. that the back was closed, or at any rate question qi, any formal writing to bring 20,000 FOREIGNERS,

Besides the anal Alphabetical List of Firm the Directory gives the CLASSIFIED LISTS of TRADES PROFESSIONS at the large Commercial Centres.

Tho ALPHABETICAL LIST of RESIDENTS in

arranged, with the Initials as well as the Sur names, in strictly Aphabetical Order, so that any name can be found instantly,

THE MAPS AND PLANS

of the principal parts of the Far East hayo boen angraved by one of the most eminent Firms Great Britain and are annually, corrected and brought up to dato A

The CHRONICLE covers the notable erinis

May

to

at the time of

hearing by pose; and a co of

copy

the petition will be furnished

y of the said Com to any creditor OF contributory.of pany requiring the same by the undersigned on payment of the regulated charge for the same.

Dated the 9th day of February, 1823

GEO. K. HALL BRUTTŰN & CO...,”

St. George's Building, Chater Road,

Hongkong, Solicitors for the Petitioners.

Counsel.

It

The Puisne Judge said he left the Jury say whether the bank notes were worth less or hot though it might be argued moved and was not to be found, and that it within the cops of the particular statutary definition The first part of. there was no perso to redeem the notes the definition dealt with any writing on

Mr. Zeitlyn then drew attention to the evidence of Wong Ping, an accountant of a bill, note, warrant or order or other a local firm of money changers, who said security for the payment of money.

was not a question of a bank note as that these notes had not been used" for a year. At the present they were worth nothing

He would not change them and would not at the present time Any person who intends to appear on theive anything for them. I would not send by registered post to the above-named Uzo.anything," the witness said. K. HALL BEOTTON & Co., notice in writing of his intention so to do,

NOTE J

defined in the Statutes for the particular purpose of the Bank Charter Act. It merely meant, any note for the payment! of money. One might have a note for the payment of money which might noti bank note, but it did not follow that this did not come within the scope of the

together with the Texts of all the most import hearing of the said petition must serve on or change a Kwangsi bank note not for comply with the definition of the English;

ons Treaties concluded with the countries of the varions Chatoma Tarifs Eastern Trade Regulations, Chambers of Commerce, Scales, of Commissions, Conralar and Court Fees, Hongking Stamps Datics, Bigas) Codes, Chinese Festivals, Tables of Money Weights and Measures and other Com mercial Information.

•

It is published at the Office of the "Hose HONG DÁLLY Passo.” -

The Directories and Descriptions are of p

OHTA..

Peking

Soochow

Trentain

Chinkiazg

Paitsing

Nanking

Canton Whampo Kowloor

Chinwaagizo Wake

Kewang Hankow

Antang

Manchurian Yochow

Trade Ctres Shari Newehwang Ichang

Dairen Chung King

Fort Arthur

Chefoo

Hangchow

anchow

Santino

Kongmoon Nanning Wuchuris KChara

Pakkoi Hoilom

Langchow

law.

These two witnesses, said Mr. Zeitly were called by the Crown and, therefore, it was a very fair. submission to make

Continning, the Attorney-General said that it was the best evidence available he had never suggested that the document the Crown. The proposition of law upon in the case was a bank note within the which he based his contention to this meaning of the Bank. He did not even part of the case was set down in Halsbury allege that it was a bank note, and he (9), paragraph 14-17 which was in effect had not charged the prisoners with for that for such an instrument to be effectual gery of A. bank note. He charged them (357in the ordinary course of business there with forging a valuable security and

should be two parties deceiver and with forging a document.

The notice must state the name and address of the person, or, if a firm, the name and address of the firm, and unit be signed by the person or firm, or his or their solicitor (if any), and must be served or if posted, must be sent by post in sufficient time to reach the abovesmed not later than 6 o'clock in the afternoon of the 4th day of March, 1971.

PARNOULARS VALUABLE LEASEHOLD PROPERTY

Bituste No. 13, WING HING STREET, VICTORIA, HONGKONG, :

To be Bold by Order of the Mortgagee By

PUBLIC AUCTION,

IN ONE LOT

Oa

· MONDAY,

deceived to. form the subject matter of The Chief Justice: According to that, forgery. The preposition was in the it does not matter whether the Bank is converse form that the bank having in existence or not. Would it still come ceased to exist there was no bank capable within the definition of the law even of redeeming these notes. It was there.

fore not the proper subject matter of a though the Bank were a fictitious one1

The Attorney-General: I think it charge of forgery because they were not would come within the definition. You effectual between two parties.

A CASE IN POINT.

"

can have forgery of a purely Ectitions Dame. You might even, have a bank It would. Mr. Zeitlyn then followed up his argu-note of an imaginary bank. ment by quoting the case of Rex v.still be forgery. Rouse of 1840. In that case there was

The Pasne Judge: If the Jary a Friendly Society. Upon the death of thought it was the intention of the pris one of the members of the Society some oners to pass these notes on to someone The 12TH DAP of Mia, 1923, at 3 O'CLOCK F.X.

BT

persons conspired together to forge ajelse, then it was forgery1 document which they presented to the Messrs. LAMMERT BROTHERS

The Attorney-General assented and Treasurer of the Society and the money added that the only restriction he could stated in the document was paid. The find in the Ordinance dealing, with tha society at the time of payment had term "false document was that it had to THE Property consists of First ALL ceased to exist: The Judge who presided be made by some person not entitled to

THAT piece or parcel of ground at Victoria in the Colony of Hongkong and over the case stated that a charge of make it. registered in the Land Office as SECTION forgery upon a document addressed to

situate

Foochow

Hazbio

Amoy Kirin

Swatow

Lungkow

Mengt Hotov Ssemad Tangysta Changcham Hunchin

AT THE OFFICE, DUDDELL STEEL.

Langchingthan

THE

Japan & FormOBĄ.

Tokyo

Osaka

Yokohama

Moji

Hrogo

Nagasaki Hakodate

Tainenfa Takow Apping

Nicolajovsk

Kobo

Shimanowski Tamro

ELSTEEN SIBERIA,

Vladivostock

*Seoul

the Chemalpo

Croaza (Korea).

Wonkan

Mokpe Chinnampo Kunsan Pingyang

Bongchin

HONGKONG AND 176 Dayandancias, Macao,

FACH I-Cimma...

Handi "Haiphong

Tonkin

Quinton Ann Han

Provinces

DEFINIS.

Mania Bailo Cebu

Barawak British North Borneo

BORNEO. Brunei

BANGIOK

Perak

Tourang Baigon Cambodge

Zamboangs

Labuu-

Malay Status,

Belanger

Pahang Sembilan Johore ·

Kodab Trenggan Perlis STRATIS SETTLEMENTS Singapore, Fonang, Malsecs, Prov. Wellesley Naturalanda · INNILA, A

Samarang

Batavia Buitenzorg Bourabaya.

Padang

Fast Const of Sumatra."

BETTER AND "Äxxxican SquangOUS - EN CHINA AND Jazam. "OFFERLI GF Coler & Bivan Bekuar,

re

"

Dealing with the note itself, the A of INLAND LOT No. 2166 together with body that had ceased to exist was not Attorney-General submitted that, on the It was the measuages erections or buildings thereon within the law, and the Judge said that face of it, it was currency. now known as No. 18 Wing Hing Street and the point would be reserved to the Court tender for currency. It had the words HAT strip of land at the rear of Crown cases. These men were then one dollar" inscribed in nine different of the said Section A of Inland Lot No. 2166 charged with receiving money by false places. Regarding the proclamation on being

scavenging lane. All of which pre- pretences; otherwise the point raised the back of the note, this also clearly misss are held for the residue of the term of would have been reserved.

showed that it was intended for current 75 years from the 15th day of May, 1918, It only needed the substitution of the use. Currency applied to convertability, created by the Crown Lease thereof together Kwangsi Bank for the Friendly Society to be able to buy silk or goods with it. with the valuable machinery now situate in and the Court had got in case fully cover-Paper currency did not necessarily mean or upon the said promises and at No. 1ing his proposition. Upon the evidence conversion into cash. The note stated Gordon Street.

Particulars and Conditions of sale may be of the Crown witnesses, the Bank had that the dollar was equal to 10 ten-cent obtained from

ceased to exist. It would appear that pieces. That could not be for the pur Moss. HASTINGS & EASTINGS, there was no answer to the proposition pose of teaching the population of

Salicitors,

and if that proposition was well founded Kwangsi that a dollar contained 10 ten- B, Des Voeux Road Central, the whole case fell. If a charge had to be cent pieces.

brought it should have been a charge of and Mara, LAMMERT BROTHERS

receiving money by false pretences. His Aactioneers...

submission was that no charge of forgery could be based upon the document in question.

1207].

12

The Paiene Judge: 1 certainly ugres that it seems more than a mere exercisë in arithmetic.

Referring to the evidence for the Crown, the Attorney-General agreed that THE VALUROF GOOD SIGHT

His second proposition was that the it appeared to bear the construction that docament was not a valuable security Countel for the delence had placed uvod cannot be over-stimated. Bight stands A definition of a valuable security. it. According to the evidence of Mr. for everything that is valuable or enjoy. according to law, was that which included George Banker, when the invading army any rights and tithes to any share or occupied Wuchow, the Kwangsi Bank able in life. You cannot tell if your eyes interest in any public stock. Mr. Zeitlyn chartered two boats to carry okay the are right; you may as well yet have thought that he had the opinion of the Bank's valuables. This showed thats it Court with him with regard to this was the intention of the Bank to continue defective eyes. If you wish to have your definition-that this could not be made business again. His submission was that eyes tested, the Befracting Room of The to apply to the present charge of forging the Bank had nos ceased to do busince.

to a valuable security, wat gesp Hongkong Opisal Co., uocomorn Clark & Befracting and Manu- THE FROCLAMATION ON THE DOCUMENT. facturing Optidang the most competent Dealing with the bank note in the ease,

The Attorney-General added that a Mr. Zeitlyn read the translation on the bank might close its doors temporarily. optical establishment in South China-face of the note which was as follows but it did not ineen that it had ceased located in 53, Queen's Road Central-Kwangni Bark. One dollar note to exist. It only meant that it was not

is at your service. They have the equip menta to test your eyes accurately, Tosting the Eight and fitting glassa la their specialty.--Apvx,

[101

The Paixne Judge said his summing up to the Jury was that the. Bank was not functioning.

which is equivalent to 10 ten-cent pieces doing business. Curb ho the same as in current use and used in At this stage the Curb adjourned for payment of taxes and revenues in this the day. The Attorney-General → will Province Issued in the first year of continue his address to the Court this the Republic of China'

morning.

P.

360]

WE ANNOUNCE THE

GRAND OPENING

OF THE

ITALIAN ART EXHIBITION

** FLORENTINE MARBLE STATUARY of PEDESTALS, BUSTS, LAMPS, GROUPS,

VASES, ETC.

ETC.

عم

CLOSING IRREVOCABLY ON THE

24th

of February, 1923.

Exhibition at the ASTOR HOUSE HOTEL BUILDING, 13, QUEEN'S ROAD CENTRAL, 2ND FLOOR. Fizod Frices and Lowest, from $2.00 to $700.00.

Open Daily from 9 AM to 6 F.M.

ARTE ITALIANA.

&0. BANKING CORPORATION. LTD.

INCORPORATED IN ENGLAND, 1990)

with which is affiliated

THE ALLAHABAD BANK, LTD

AUTHORISED CAPITAL ...!

SUBSCRIBED AND PAID UP RESERVE FUND

Board of Directors

£5,000,000: £2,594.180. £90.000.

The Rt. Hon. Lord INCHCATE, G.C.M.G., K.CAL, KOLE:'(Chairman).

Rt. Hon the Earl of SILBORN, K.G.G.OMG. Bir FEDERICK ELEY, Bart

Bir MOTEU CORNISH TUENZE." Sir DUNCAN CARMICHANZ

FRANCIS ÁLATÁNDER JOHNETON, Raj. ALEXANDER KIM? WRIGHT, EMJ. WÉZTER OSBORN GRAZEBROOK, Eng, The Hon. ArxxaNDER SHAW, M.P.

James MacKubzis, Esq. (Managing Director)." M. M. S. QUEBAT, Esq., C.EL, C.LE (General Manager).

HEAD OFFICE :113, Leadenhall Street, London, EC3: West London Branch :—14-16, Cockspur Street, London, S.W.I.

Eastern Branches : Bombay, Calcutta, Karachi, Madras, Colombo, Singapore, Hongkong and Shanghai

The Corporation undertakes General Banking and Exchange Business of description and in addition to its Branches has Agencies all over the world.

0. CHAMPEIN,

22, Den Vorax Road, Central, Hongkong.

Manage

YE OLDE PRINTERIE

LIMITED.

(SUCCESSORS TO PRINTING DEPT: HONGKONG PRINTING PRESS) 19, WYNDHAM STREET,"

COMMERCIAL PRINTERS AND BOOKBINDERS.. PRINTING AND ACCOUNT BOOK MAKING OF EVERY DESCRIPTION DONE WITH ACCURACY AND PROMPTNESS ALL WORK DONE UNDER THE PERSONAL SUPERVISION OF THE MANAGER Phone 3707.----

DRUGS

V. C. LABRUII.

PRESCRIPTIONS

When the Doctor prescribes he expects the Druggist to fill the prescription with Pure Drugs. The quality of fur Druga, Medicines and Toilet. Gooda is not surpassed. Have the Doctor's: Prescription filled here and the result will, ber satisfactory.

THE PHARMACY,

THE RED BUILDING (OPPOSITE JOE HORER S