1924-11-03 — Page 5

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ACTION AGAINST SIR JAMES JAMIESON.

BANK OF ASIN'S CLAIM ON LAND AT SHAMEEN,

A TRANSFER REFUSED,

Mr. Frank Arnold Wallis, Vice-Consul, and the action has been brought against

them

Ji

THE HONGKONG DAILY PRESS. MONDAY, NOVEMBER 3RD, 1924.

SECRETARY OF STATE'S BLOHTE In opening the case for plaintifs. Mr. Potter said the action was che of con- aiderable importance because of the prin. cipal raised by the defence, and the Court had to decide whether a Hongkong

A NATIVE OF CHINA."

CANTON NEWS.

all over the country to rise up against him. Mr. Chung and his fellow members have also called upon General Chea. Chiung-ming, a former Canten Governor now in rivalry with Dr. Sun Yat-sen for power in Canton, to do what he con on behalf of his fellow provincials.

#

A RED RAID ON A WESLEYAN MISSION.

His Lordship: You say you cannot go behind i certicate of incorporation i

[FROM OUR CHINKAZ COETESPONDENT.] Counsel: Yes, that is what I say. This is a British company and nothing|

SUN YAT SEX REPUDIATED. ass, and you cannot look at the in- dividual character of the shareholders' regimé in Canton to reorganize the Kuo- In view of the proposal of, the. Red An action of considerable public. in.limited company, on becoming the as- and say it is a native company. A cor-mistang Government with Dr. Sun Yat- portatice concerning the registration of signce of land at Shameen. was entitled poration is a legal person distinct from

to registration. Defendants had plead-its corporators. It is required that the President of the Republic of China," Mr. sen restyling himself as the "Provisional land was begun in I.. Supreme Court at Shanghai on October 28th before bied that they were entitled to refuse the majority of the directors of British com-Chung Shing, Speaker of the Kwangtung Honour Julee "Sir Skinder Turnas transfer on the ground that instructions panies in China shall be British subjects, į Provincial Assembly, and 71 other mem- Plaintifs are the Bank of East Asia, were received to that effect from one of but Hongkong companies are subject to Ltd., and F. P. Vasania, and the de-his Majesty's Ministers, and the case no such limitation or restriction.

bers have issued a public statement, deny- fendants Sir Janies Jamieson, K.C.M.Craised this further very important Proceeding, counari referred at lengthing the right of Dr. Sun and his Reds to H.M. Consul-General at Cantau. and point: whether such instruction afforded) to a number of leading cases in support ridicule. and calling upon the Cantoneso futher subject Kwangtung to international any answer at all, whether it was.com.at his contention that a company is a petent to any Minister, no matter how legal entity and its character is not highly placed, by giving instructions to affected by the character of its share *For, a declaration that the plain. Consul-General, to deprive an assignce bolders. flo suggested that any other tiff Bank are entitled by virtue of of land of the right given him by public position would lead to most amazing re divers she assignments and in par ticular "by virtue of an indentare dated of that property.

statute to become the registered owner multa One result would be, if the char August 4th, 1920, to the western half

acter of the individual shareholders in of lot 37 in the British Concession at Shameen for the residue of the term of

a company was to by the true test, then 6 years grunted by an indenture lated

His submission would be that no ipa British company, a Hongkong com- November 9th, 1999, and made between structions from a Minister of the Crown pany, might at one time quite properly Mr. W. Cowan, on behalf of the Com could possibly deprive anyone of a statu hold land in Shameen and then, because missioners of fler Majesty's warks and tory right which had been given to him. Chinese bought its shares in the open 50 Reds in Fatshan City, ou the night of According to the Kwok Wa Pa, about public buildings, and E. Z. Siamoos and Robert Chambers, of Shameen, The frets leading up to the action were market as they would be entitled to do October 29th, raided the Wah Ying Col Canton, and to have their title regis simple and short. tered in the hooks kept for the pur-dated August 4th, 1925 the bank par holders, find itself liable to forfeiture: took away some 20 students and teachers By an indentur and so become the majority of share lege, a Wesleyan Mission institution, 'and' pose at 1. L'onsulate-General, Can-hased this piece of property from Mr. That was one position which would re-

mandarais commanding Vasania, purchase, of course, being sub look at the character of the shareholders vestigating the report, as they had not sult from the contention that you should for ransom. The Red authorities are in- the defendants or one of them to effectject to the conditions in the lease dated in order to ascertain the nationality of been advised of the outrage. auch registration.

November 8th, 1809. mady between the the company. It was one of the resulta According to the statement of claim, Commissioner of H. M. Public Works and which would follow, with most alarming tlu Bank of East Asia, Ltd.. is a British Banking Corporation incorporated un-

consequences for every company in Hong- The foundations of kong. There were some very large com der the Companies' Ordinances of Hong-establish to the Court that they were holders might be Chinese. With shares plaintifs claim were, first, they had to panies in which the majority of share kong and carrying on business at Hong-proper assignees. The Baak was a proof shareholders might be Chinese one constantly changing hands, the majority! kong and at various places in China, including Shanghai. Mr. Vasania is

per assignee under that Crown lease, day and British or American the next. merchant of British nationality residing and as such asked for registration. The

THE STABILITY "OY TITLES. at Bombay, and the registered owner of only limitation on the right to assign Mr. Wilkinson ;.. All subject to the the lot in question. This landt he assign-

was that there should be no assignment jurisdiction of Hongkong ed to the Bask for the sum of $50.00

to a native of China," but using the tation, if they have acquired land in Mr. Potter: Yes. And on your con.

was duly made at the British Consulater that the Bank was a native of China." of forfeiture when the question raised strike brought about a hitch in the settle- think it could in any way be contended ture. It is of no use saying that the

Crown, in its clemency, would not dream the compositors for the period of the Canton, to have the property transferred it was somewhat remarkable that when here directly affected the stability of titics.ment. The Canton Press Association is to the Bank in accordance with Land Re Autation Mr. Wallis refused to per-property care to be recas: the ind, the counsel continued, an unfortunate ven charging the Au Vin Pao with having the Crown lease of 1961 respecting the If the plaintiffs' contentions were sound, init such transfer to be made in the hooks same phrase was used in limiting the dor would have to decide for himself violated the pact to suspend publication kept for the purpose and then in his rights of an assignee, ziz, that the pro- what was the true test of nationality until the strike was settled. Cantor has charge, and subsequently Sir James native of China. It was impossible to liable to forfeiture. It seemed an im: been newspaperless since October 7th..

perty should not be transferred to any and if he made a mistake he would be Jamieson similarly refused, and consegine that, if the intention had been possible and unimaginable situation, but quently the sale agreement between" she to exclude u tongkang limited company, these were some of the extraordinary re- Plaintifs could not be completed. The such a phrase as native of China suls which would follow. Bank" therefore claims that, as assignee propriate term could very well have been of a vast influx of Chinese into Shameen,{ would have been used. No more inap of the property, it is entitled to have the chosen for the purpose of excluding

hongkong limited company whose share holders were Chinese.

--For ib

11

another

person

CANTON WITHOUT NEWSPAPERS.

Except the Awangtung Kun Min Yih in Canton, no other daily newspapers Pau, the official organ of the Kauoriutang resumed publication on November 1st when the compositors were to return to their work upon the publishers Eaving signified their willingness to ibercase

was for 40 per cent. The refusal of the wages by 20 per cent. The first demand

and on August 10th. 1923. application Phrase in its ordinary sense, be did not Shameen they would be liable to forfei newspaper, owners to pay the wages of

transfer made.

In

DANK A CHINESE ASSOCIATION,

RECONSTRUCTION OUT OF

CUSTOMS SURPLUS. „

On October 25th, the Canton Recou-

their defence, "defendants must be a natural person; it cannot be erect a bank building upon it and that sucre of October 18th, addressed thei

His Lordship: **Native of China" as artificial one:

The case did not involve the possibility counsel continued, because Chinese were not permitted reside there. The transfer of the land to this British com- pany would merely mean that they would

it would be inhabited by the people who used it under the terms of the Crown lease, and were entitled to conduct the business. The manager of the bank and the directors were British subjects, as they understood it in Hongkong, British subjects in the 'fullest sense of the term, and the character of the directorate would be absolutely unaltered.

A DUTY IMPOSED BY LAW.

statutory duty. No action for dam- ages had been brought, Eecause the plain- titia had as yet suffered no damages, but it might be necessary to bring one.

Continuing his argument in the after- noon, Mr. Potter submitted that once an official owed a duty to the public he ceas

struction Committee, a body organized by Kuomintang followers of Dr. Sun Yat-sen to attend to relief affairs after the mas

Inspector-General of Customs at Feking, asking for the release of the part of Cus-, toms surplus properly belonging to Cad- ton for reconstructive purposes.

THE EXPECTED INVASION. Dr. Sun Yat-sen, who returned to Can- too from Shiukwan on October 29th, was anxious that the Hünänese and the Yun- ukuese mercenaries in Kwangtung should rent the expected invasion of General move off to Shiukwao, in order to pre- Fang Pen-jen, of the Northern Army; but both these contingents surprised Dr. Sun by expressing a wish to be repatriated to their respective homes.

POPPY DAY,

HONGKONG'S ARRANGEMENTS.

The following telegram from Earl Haig was received by the tlongkong and Chim Branch of the British Legion on October

and, 1924:-

700,000 unemployed British ex-Ser- vice men urgently need assistance. Grateful if you can renew last year a welcome support from China.-EARL

The "welcome support" referred to by

ed to be a mere servant of the Crown.

His Lordship: You have got to eatab lish a suntutory duty of the Consul- General, as the person in charge of the register to register the transfer.

HAG." Mr. Potter: There is no doubt of its being a statutory duty, assuming the assigned to be a proper person. And the the former leader of the British Armies proper person might legally be a convict in the Field relates to the Colony's spice- or a known seditionist, for thero is na did efforts on Poppy Day last year, when" provision na to character, and refusal over £1,000 was collected by the sale of to register would be a breach of duty. these little red flowers for the purpose, of swelling Ear! Haig's Fund. This year It was urged for the defence, counsel it is hoped that this total will be doubled. continued, that refusal to complete the The Committee of the local branch of the transfer, was based upon the order of British Legion organising Hongkong's Drive" have been quietly Minister of the Crowa, but if Minis Poppy Day

support is already assured. The outports, ters were allowed to give orders of this working for months past, and heartening in particular, are responding well to the appeal

that the Bank is incorporated at Hong- kong under the Companies' Ordinances,

Counsel: Yes, u datural person. I but say that it carries on business as a

uo possible circumstances of law can an Chinese Association and not as a British China" although for the purposes of English company be ** 1 native of banking company and is not entitled argument, we may assume an individual within the jurisdiction of this Court to

shareholder to be a native of China in the fullest sense of the term. But you be recognised or protected as a British cannot bring a Hongkong limited com- сотраду. They further allege that ifpany. within the meaning of that phrase. the assignment was made as stated, it was at the time known to the Bank to be.

FOREIGN OFFICE INSTRUCTIONS,

Assuming that the bank was the proper of no effect. Land ligulation of the tinued, was that in clause é of the Land transfer of the property completed, and The only other limitation, Counsel con- Assignee, they were entitled to have the Shameen Land Regulations of 1008,.gov Regulations relating to the subjects or this was a duty imposed upon the de- Graing the transfer of land within the citizens of any other power in respect of fendants. Once a statutory duty had British Concession at Shameet, applies only to & persons qualified thereto in transfers, leases or sub-leases. When the been impress, nothing could remove it accordance with the terms and condi.

Vice-Consul refused to grant this trans except further legislation, not even in- tions of the Crown leases for such land,

fer, he said that he was acting on instructions from His Majesty himself. It and as approved by H. Government.tructions from the Foreign Office, and could not be argued that the defendants The transfer was officially refused as

must refuse it unless it could be proved were not liable for the performance of being invalid, and in this the defendants that the majority of the directors and act officially as representing and on

soareholders of the Bank were British behalf of his fajesty's principal Secre subjects. This was the position taken tary of State and the Commissioners of

up in August of last year. Public Works, and in no other capacity.

Proceeding to discuss the position of a it is denied that the Bank has any valid Hongkong, limited company in this con- Aitle to the land, and contended that the nection, Lounsel said the Bank of Bast statement of claim shows no cruse of

Asia was incorporated under the com- setinn in either of the plaintifs and anies ordinances on November 14th, aisither of them are entitled to the relief 16. It was a British company within : asked for. It is further contended that,

the meaning of the Companies Ordinance the present action not having bees (31st of 1015), and also within the China brought within six months after the Companies' Order in Council of 1915. It was the registered owner of land in Qicial refusal, it is barred by lapse of Shanghai, registered at the British Con- the period of limitation prescribed by the Public Authorities Protection Act, salate. This statement was open to the 1863. The defendants further say that Answer that Shanghai had done wrong, in regard to the matters complained of but he submitted that the Consulate here they acted for the peace and good gov. bad done absolutely right ernment of the British Concession, lia- His Lordship: May it not be open to meen, and on the instructions of his the objection that Shanghai-an Inter- Majesty's Secretary of State for Foreign national Settlement is quite different to Affairs, received through his Majesty's Shameen, a British concession, which Dinister in China. Finally, the defence may bring up different circumstances. claims that, by reason of Mr. Vasania's Counsel went on to argue that, once assigament to the Bank of his interest it was established beyond question that sort it would drive us back to the old in the property, such interest and title the Bank was a proper naaigare of this Bill of Righta. Ho contended that they are liable to forfeit to his Majesty under property, it was really binding in this had no right to give such orders with. the terms of the indenture of lease of case. He submitted it was clear that out legislation to that effect. Another Local arrangements are well is handi November 8th, 1898.

the phrase "a native of China," in the point in the defence was that British Including Kowloon, the New Territories, lease of 1898, was never intended to is protection had been withdrawn from the the Naval and Military Centres, etc., ap- MOT RECOGNIZED AS BRITISH: clude a Hongkong limited company. It company, but still there was no right proximately 100 ladies will be “in action" The particulars of defence, state that could not at one and the same time be the Bank of Asia is a member of the in law a British company and also rocognition. The company remained a addition Mr. Champkin has promised ä to refuse the transfer, recognition or no on the morning of Tuesday, November 11th, with their trays of poppies. In Shanghai Chinese Bankers' Association native of China." If the person draw. British company even though protection number of his boy scouts. Through the and is entirely a Chinese concern, and ing up the lease had a Hongkong limit were withdrawn. If the Gavernment that although effecting registration aed company, in mind, be surely would desired to withdraw protection to offer central streets a well-known little lady the British Consulate-General, Shangnever have used that phrase, hai on March 20th, 1980, under the

defence in a matter of this kind it would will sell her flowers from the back of a Coming to the suggestion that Mr.require special legislation. In its ab donkey, and, after the Cenotaph and China (amendment) Order in Council. Vania had incurred risk of forfeiture sense, no power could be given to the Cathedral services, other little ladies will 1013, it has at no time since complied of his property, Counsel after pointing Consul-General to refuse registration. raid the clubs, institutions and other with the provisions of the Order in out that the property might be restored by However, at the time application for re places where people are likely to congre- Council of 1814 as to annual registration clemency of the Crown-said it was not gistration was made, actually protection gato. In the afternoon there will be a of list of the directors of the company, incumbent upon the vendor to know the had not been withdrawn, and it was not football match (Bervices Rest of giving their full names, nationality and position of the company, and all he was withdrawn until the writ was issued. It League) on the Club ground, "and in the address.

In pursuance of his powers, bound to do was to look at the fact that was quite true that the company had evening grand Poppy Night Dance, the Secretary of State has directed that the company was a British company, omitted annually to register, the names particulars of which will appear later. British protection shall not be accorded and no more. The individual sharehold of its directors, their nationality, etc., in China to the plaintiff Bank ag at pre-era who might make up the company had and it might be subject to a penalty for sent constituted, and at no time has the absolutely nothing to do with it. Aeb omission, but even this would not Bank been recognised as a British Com.limited company was in itself a legal deprive them of their right to registra pany or afforded British protection entity and the character of its share tion. As to the Bank being a member of within the Consiliar District of Canton. holders could not affect its character as the Chinese Bankers Association, this Mr. Eldon Potter, KC., and Mr. A. a company. It followed as a matter again was not relevant to the real point C. Holborow appeared for plaintiffs, and of course, that the Bank of Asia, being at issue. H. P. Wilkinson and M, V. Priestwood & Hongkong British company, was for defendanta.

The court then adjourned until the perfectly proper assignee.

following morning-N.C." Daily News. thoroughly.

:

MINISTER'S ONDER ILLEGAL.

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