1927-11-22 — Page 4

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By Appointment

& Co.Ltd

DES VOEUX ROAD

GENERAL ACCIDENT, FIRE & LIFE ASSURANCE CORPORATION, LTD. Hy Apointment

THANK GOODNESS

JAM INSURED

For Full Particulars of Accident Insurance, Apply to the Agents-

"

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THE DISTILLERS AGENCY EL

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·SOLE-AGENTS:

[4.7.3.]

GANDE, PRICE & CO. LTD. TONG KONG.

CHINA UNDERWRITERS.

NEW ARTICLES OF ASSOCIATION.

COMPANY TO BE CONTROLLED BY BOARD OF

DIRECTORS.'

SHEWAN, TOMES & CO. SURRENDER VOLUNTÁRILY LEGAL RIGHTS AS GENERAL MANAGERS,

An extraordinary general meeting of the China Underwriters, Ltd, was held at the offices of Messrs. Shewan, Tomes & Co., yesterday morning to consider proposed alterations in the Memo- randum and Articles of Association of the Company which will::

Vest the excentive control of the Company in a Board of Directors elected by the shareholders instead of in a Firm as General Managers.

2. Reduce very considerably the scale of commissions payable to the Firm who at present act as General Man agers and who will after the passing of these articles be come General Agents acting under the Directors.

3. Place a limit of ten years on the period of the appointment of the Firm ns General Agents that at the end of ten years, their emoluments cease altogether and they then participate in the profits of the Company in sub- stitution for drawing commission on Income.

Further there was an extraordinary resolution to increase, the capital of the Company by the creation of fifteen Founders shares of $1,000 each.

N

The changes in the Articles of Association and the extra- ordings resolution were approved without discussion, and a fur- ther, meeting will be held on December 9th for their confirmation..

Mr. Robert G. Shewan presided at yesterday's meeting and among others persent were Messrs. Allan Cameron, Li Tze Feng, C. P. Marcel, C. A. da Roza and Tsang Foo, members of Consult- ing Committee: Mr. W. E. L. Shenton, of Deacons. Solicitors ta Company: Mr. Herbert R. Sturt, F.L.A., Manager and Secretary, Mr. E. R. Childe, A.LA.. Assistant Secretary, and Messrs. A. L. Shields, W. Adamson, Wong Kit Wan, Allan Keith, C. B. Brooke, Rev. Father Noval, and J. M. Alves, shareholders.

THE CHAIRMAN'S SPEECH. Assurance Company. The parti The Chairman, explaining the cipating policy holders contribute proposed changes, said: When the considerable extra premium as! Agreement and Articles were enter-profit loading thereby adding to the ed into it was not foreseen either general security of the Company by the General Managers or by and are naturally entitled to get the shareholders that their terras back their contribution by way of might operate enormously on the bonus if the Company is prosperous. Company and that the form of con- As the Company gets larger the trol was unsuited to a Life Assur-number of participating policy ance Company, but when this was holders gets greater and these extra realised in the early days of the contributions form the greater part Company the General Managers of the actuarial surplus; the profit offered to modify their rights so derived from these cash payments as not to hamper the Company's is not trading profit in the true progress, and an expert opinion was sense. The percentage of 90 per taken in London on the subject cant. of profits from Life business is a usual percentage provided for as long ago as May, 1924,

and under Canadian Law this per centage is a compulsory one. This safeguard is participating policies is moreover an asset in the acquisi tion of new business,

It was thought inadvisable to make any drastic change until the Compary had developed somewhat farther, but in the meantime the General Managers agreed to accept half the amount due to them under their agreement and in fact have. received far less than they would drawn as profits from their valuable Insurance Department which was tarned over to the Company and which enabled the Company to be

formed,

Board Of Directors.

With regard to object 1 in the statement, the new Articles provide

1927.

THE “IRENE" PIRACY. ROWDYISM ON FOOTBALL

SEVEN MEN ON TRIAL.

,"

·MR. ~ ALABASTER RETAINED FOR THE DEFENCE.

QUESTION OF JURISDICTION,

The seven Chinese, accused of having taken part in the piracy of the CMS. Trene on October 19th, were brought before the Chief Justice, Sir Henry Gollan, at the Criminal Sessions yesterday. Mr. Somerset Fitzroy appeared for the The prisoners were de Crown. fended by Mr. C. G. Alabaster, K.C., Mr. Leo d'Almada e Castro, junr., also represented the fourth necused. Mr. C. A. S.-Russ watched the case on behalf of the owners of the Treur:'

The jury empanelled were Messrs LP. Thomas (foreman), J. C. de Souza Botelhe, F. A. Prata, H: Poon, Chan Kwai Ping, W. P. Hedley and D. Thompson.

The prisoners were indicted on two counts and before they were allowed to plead, Mr. Alabaster made an application that one or the other of the two counts be quashed or that they be treated as separate indictments. The first count, said Mr. Alabaster, charging the prison- ers with a statutory felony, the

death, punishment being

Was equivalent to murder charge.

GROUND.

THROWING STONES AT CONSTARLES.

SHARP FINES IMPOSED.

Two Chinese, who indulged in rowdyism at a football match and amured themselves with throwing] stones at policemen, have found the pastime costly.

thrown werg

on

Many stones Saturday in the game between the Queen's Regiment and the China Athletic Association, and three Chinese were arrested and charged at the Central Magistraer yester day morning. -..

Inspector James, of No. Station, explained to the Court that this was the tenth case of He stone-throwing this season. had been very nearly hit on severni occasions. On Saturday three In- dian policemen were hit, and they were fortunately able to catch the rowdies who had thrown the stones. In all cases the stones were carried to the ground.

The three defendanta pleaded "not guilty." The first defendant was identified by an Indian con- stable who said that he was hit by a large stone, but, thanks to his turban, did not suffer serious in jury... He saw the thrower and went after him. When searched it was found that this man had two

The second charge was piracy-more stones, in his possession. The Magistrate imposed a fine of $30 or four weeks hard labour. Mr. Alabaster claimed that the robbery on the high seas.

two counts should not have becen

joined, and, supporting his conter tion, quoted a case which had been heard since the Indictment Act of 1918. A man was tried for murder

The second accused hit an Indian constable on the back with a stone.

He was spotted by another con- stable who was stationed elsewhere, A similar penalty was imposed.

It was alleged that the third had knocked off the turban of an

Indian policemen with a Bat piece this and stated that he was walk- ing with two friends and that the constable arrested him without ren- son. The two friends were in and corroborated accused's story.

present case, and the Court of of granite. The defendant. "denied and robbery, the equivalent to the Criminal Appeal quashed the second count in the indictment and ex- pressed in very strong, terms the opinion that charges like murder were too serious to be joined with

others.

Inspector James said that the two witnesses went to the Police Station about half an hour after the The defendant was brought in. witnesses admitted this but said the Station and, on arrival there. that they followed the accused to they were beaten and chased away by

the Inspector: Mr. Lindseil

discharged the defendant.

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BRITISH PLANTER MURDERED.

TRAGEDY ON MEDAN ESTATE. KILLED WITH AXES BY COOLIES.

BATAVIA, Nov. 13th Medan Mr. Robert Allan, assist- ant on the Soengci Rombia Estate, belonging to Harrisons and Cros field, was murdered by, coolies on Sunday morning.

His Lordship intimated to Mr Fitzroy that there would no need for him to "address the Court on the point. "I think that the pre- Bent case is easily distinguishable from the case cited, continued His Lordship. "I can quite understand it not being advisable to try

The Prosecution, charge of murder and robbery M. Fitzroy, in opening the case based on the same facts, because for the Crown, briefly referred to

Six coolies have been arrested. elements of the the capture of the ship. He had It appears that Mr. Allan was at- Ten minutes the statutory

no doubt, he said, that the jury tacked with axes. offences in the two cases are quite would find that the piracy and earlier the manager had visited him different, and I can quite easily robbery had been committed, that and noticed nothing suspicious. understand that a person charged an act endangering life had been Hearing a noise he returned and with murder and robbery might be done and that all the accused were found Mr Allan dead, the body

on board, armed with automatics, terribly mutilated-Straits Timet embarrassed. It is probable that a

Captain Jahnsen was then called charge of robbery might unduly influence the jury in coming to a decision on the charge of murder.

"But this case is a very different Here we certainly have two

Increase Of Capital. As regards the increase of Capitadoy the creation of Founders shares, it is one of the terms of the agreement in question that the Company shall, when altering the Memorandum of Association, create Afteen fully paidup Founders shares of the nominal value of $1,000 each and that such Founders shares shall be issued to Showan, Tomes for the election of a Board of & Co. a compensation for and in consideration of their giving up the Directors and it is proposed that General Managership of the Com- one.

The said Founders shares counts dealing with exactly the the present Consulting Committee pany

same set of circumstances; but on shall form the first Board with the are to be issued on the 1st January, 1937, or at such prior time as usual provisos for retiring in rota hewan, Tomes & Co. cense to be the one count we have a charge of tion at general meetings.. The Con- the General Agents of the Com- piracy with violence and on the other merely a charge of piracy Bulting Committee feel that in pany.

Following the Chairman's ex- shouldering the great responsibility planation, questions were invited. based on the same facts as those as Directors they should have under No questions being asked, the on which the charge of piray the Articles the right to have always various reductions covering the on the first count are based, and the a technical Insurance Expert as changes outlined were each formal- Manager of the Company directly by proposed and seconded and put only difference between the two acting under their instructions res to the meeting. All were approved, counts is that in the one case piracy Dealing with the increase of is alleged in circumstances of ponsible to them, and appointed by them on short term agrevinent capital by the creation of fifteen not exceeding five years. It is pro- fulls paid up founders shares to be aggravation and in the other the vided that the General Agents and issued to Messrs Shewan, Tomes & charge is simply of piracy. the banager act jointly under the Co., the resolution embodied the

This instructions of the Board.

rights carried by these shares which arrangement makes for effective control and also for continuity are as follows: which is very desirable from the Company's point of view. It is pro posed that the present Manager be re-appointed by the Directors.

General Agents Commission. With regard to the second object, this was gone into very carefully by the Consulting Committee under the advice of the Company's: Manager nnd. Actuary with a view to ensur ing that the commission should not 'embarrass the Company or restrict its future operations. The General Agents undertake during the term of the agreement to place their own business with the Company and to introduce as much other business as possible, and the commissions pay- able thereon have been reduced con- siderably as compared with the old agreement and are a great deal lower than the business would com- mand in the open market,

The General Agents' commissions on the general business of the Com- pany (other than that introduced by the Firm) as well as those on the Life Business have been very drastically reduced and in fact terminate altogether at the end of ten years.

Among the other alterations is the introduction, of clause 117 (b) which is a usual clause in the Articles of Association of a Life

1. To receive by way of dividend One/ninetieth part of the total amount declared divis ible by way of profits to the share holders.

2

"

to the witness box. He said that a be was leaving the ship, he was fired at by one of the pirates, but. not hit. He recognised the fourth prisoner as the man who fired.

was.

Asked by Mr. Alabaster, why he did not mention this fact the preliminary hearing, Capt. Jahn- sea said that he had referred to it in his original statement, but was not asked about it at the Magis

tracy.

Mr. d'Almada гове to cross- examine, but his Lordship painted out that Mr. Alabaster was repr senting all the prisoners and be could not allow two cross-examing tions.

Evidence was also given by the chief engineer (Mr. A. Hodge), by the second. officer, the second en gineer (Mr. H. C: O'Halla), the third engineer (Mr. A. B. Demee) and by the chief officer (Mr. George

Innes).

BABY'S CRIES SPOIL KIDNAPPING.

FRENCH POLICE INTERRUPT.

ATTEMPT TO EXACT .

RANSOM.

A Chinese baby's cries frustrat-, ed a kidnapping attempt in the French Concession, Shanghai, last week.

The French police chauffeur had ita attention directed to the child who was crying in the arms of a Chinese, who did not appear to be the father. A policeman was called but the Chinese, who was riding in rickafa, finding himself pursued, abandoned the child in the ricksha and took to flight. He disappeared before the police could get him.

At the police station, the little "I do not think that the prison-

child, a girl, tearfully told the ers can be in any way embarassed.

police that the man had stolen her from outside her home but she was It seems to me it would be a rather

The prisoners were all identified mable to tell the police where her

home is situated. Police investiga ridiculous. position if the Court were bound to divide the trial in by one or the other of the officers.

Lieut. F. J. C. Hallaban, in com- tions, however, have succeeding in this case so that if there were a verdict in favour of the prisoners mand of Submarine L, described finding her parents to 'whom she Shall rank as equivalent for on the first count it would be neces- the action taken by the submarine been restored.. Evidence likely to: voting power to 1.000 ordinary sary to go into exactly the same and Mr. D. Watkins, second in com- lead to the kidnapper's arrest- facis in order to deal with the mand of the L4, spoke of picking has also been obtained.-Shanghai shares of the Company.

3-Shall in the event of the second count at a second trial. I up the third and finding on him. Times, Company being wound up and the must therefore refuse the applica a magazine clip with a number of live pistol cartridges. Another clip

ONCE TOO OFTEN. ordinary shareholders ceasing to tion." retain any interest directly or in Mr. Alabaster then said that he of cartridges was found on the first directly in the business of the wished to make another application prisoner.

Referring to the arrest of one of YOUNG CRACKSMAN CAUGHT. Company in any manner whatso on a separate point. He wished to

be ask whether it was his Lordship's the three prisoners on the Sub-

A juvenile cracksman, the son of ever as going concern entitled after payment to the wish that the question of jurisdic-marine, witness said that this man

fire-wood dealer, a respectable ordinary shareholders of the fully tion should be raised mow or after was identified by one of the ship's. paid up value of their shares (but the facts had been proved. He officers, and he said in broken broke into the house of a Chinese. without prejudice in any way to noticed that in the first count the English "I very sorry. No belong at No. 127, Des Voeux Road West, the rights of the dissentient Irene was stated to be a Chinese proper pirate. This belong first and stole a silvez, watch, a four- shareholders pixler Section 186 of ship, and in the second count it was time I have been pirate. I very tain pen and a pair of spectacles,

valued at 8187. 17 the Company's Ordinance, 1911, not so stated. Counsel suggested sorry.

Lieut. J. O'Donnell, second i which dissentient a shareholders that it would be necessary to estab shail include the holders of lish the nationality of the vessel command of Submarine L.5, said he received a signal from the L4 to Founders' shares if they do dia- in evidence. sent) to have equally distributed

His Lordship said that he thought proceed at full speed to Bias Bay. amongst them the sum of $150,000 the submission should be made at He mentioned incidents with re or such lesser sum as may remain the end of the case and he assured gard to the burning of the Irene over after making the aforesaid. Alabaster that the interests of They picked up the fourth de payments and if after making the the prisoners would not be pre aforesaid payments there shall judiced in any way.

The prisoners were then charged

still be, a sarplus for distribution theh one/sixth of such of surplus shall be equally distributed on both counts, and a plea of not amongst them and the balance guilty" was entered. paid to the ordinary chareholders.

(Continued on next Column.)

fendant.

The case was adjourned until this morning and is likely to continue until Thursday or Friday

In all there are 32 witnesses of hom nine have now given evidence

Not satisfied with this haul, he broke into No. 94. Wing Lok Street, the following night and stole pro Perty valued at $25. This, how ever, proved his undoing, for he was caught and taken before Major Wilson at the Central Magis- track yesterday.

In the course of the hearing, the prosecuting Police officer told the Court that the defendant had a pre- vious conviction against him. His Worship, sentenced the young thief to eight months' imprisonment.