1928-02-06 — Page 3

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BANVARD MUSICAL COMEDY COMPANY

POSTPONEMENT

till

TO-MORROW (TUESDAY)

THEATRE ROYAL

OWING TO THE 8.S. KASHIMA MARU

BEING DELAYED THE MANAGEMENT OF THE BANVARD MUSICAL COMEDY COMPANY ANNOUNCE THAT THE OPENING PERFORMANCE WILL TAKE PLACE TO-MORROW (TUESDAY) WITH"

KATJA THE DANCER

Seats booked for To-day (Monday) can either be changed, or the money will be returned.

Booking at Moutrie's.

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AGENTS IN HONG KONG:

THE HONG KONG DAILY PRESS, MONDAY, FEBRUARY 6th, 1928.

DR. T. P. WOO'S BANKRUPTCY.

SCATHING COMMENT ON A CREDITOR'S LETTER.

DIFFICULTIES CAUSED BY SPECULATING.

At the Bankruptcy Court on Saturday morning"His Lordship the Chief Justice. (Sir Heary Gollan) made strong comment on the conduct-or-Mr-d, MXavier, a creditor, in respect of the bank- ruptcy of Dr. T. P. Woo, whose public examination was being held. Hia Lordship told Mr. Xavier that his conduct had been disgrace. ful, and although it was not legal blackinail, it was conduct of the most reprehensible and improper character.

Before Mr. E, L. Agassiz (the Official Receiver) proceeded with the public examination-of. Dr. Woo, he informed His Lordship that he wished to bring to his notice certain facta A meeting of creditors was held, he said, on January 21st, at which practically all the creditors"were present; among them a Mr. J. M. Xavier," whose claims amounted to a large sum, namely 233,000,

A scheme for composition was dis- 1 The Public Examination. cussed and the original propusal The Official Receiver opened the was put to the meeting, and last, public examination of Dr. Wao.

Mr. Xavier voting against it. The M.B. Sc., who said that he qualified proposal was then amended, the as a medical practitioner in 1915. final proposal being for the payment. He was 40 years of age and receiv. of a composition of ten per cent. ed training at Edinburga University in cash and to this Mr. Xavier as-which he entered in 1910, remaining sented. The creditors' desired to there for five years. arrange à composition on this basis He was born in Hong Kong, and but not under the supervision of educated at the Diocesan School, the Bankrapter Court, the idea oining the staff of St. Stephen's being, if possible, to avoid public | College, na n tescher,

He also re- examination which would be detri-¡ceived medical training at the mental to Dr. Woo as a professional Medical College, this being before the Lniversity was built and at an organisation under the Alice Me- morial Hospital.

MAR.

Certain facts had properly been brought to his notice by the firm of Messrs. Lee and Russ (Mr. Ruas was present on behalf of "debtor), In spite of Mr. Xavier having agreed to the composition he had,

he went to London and joined the After qualifying at Edinburgh

staff of Brampton Hospital and in 1016 he went over to France with tion. On his return to England be the St. John's Ambulance organisa-

if the statement made to the joined the Ipswich General Hospital Official Receiver were correct and and remained there until 1915 when

if the evidence available were core returned to Hong Kong and rect, gone behind the backs of all joined Dr. Leens as assistant. the other creditors and had been When Dr. Lee left Hong Kong in pressing the debtor" to pay him, by 1923 he took over the management a secret arrangement. whereby he of the firm until is whes Dr. Lee

Mr. Xavier) would receive sixty returned.. per cent, whereas the remainder of

the reeditors would only receive ten

per cent,

Threatened With Imprisonment. The Offcial Receiver referred to a letter which Mr. Russ could state was in Mr. Xavier's handwriting in which Mr. Xavier stated that unless the debtor agreed to pay him sixty per cent, he Bir. Xavier) would not agree to the composition and would endeavour to have debtor sent to gaol

Whether or not this amounted to contempt of Court he (Mr. Agassiz) submitted that it was a most improper and unjust proceed- inx and he considered it was his duty to bring the facts before His Lordship before proceeding with the public examination.

His Lordship remarked that the Official Receiver was perfectly right in so doing. It appeared to be an attempt at blackmail and was a most disgraceful procedure.

His Lordship called on Mr. Xavier for an explanation.

Mr. Xavier Questions Debtor. Mr. Xavier said that he had one or two things to ask debtor.

In reply to Mr. Xavier, debtor admitted that if he became a part- ner with Dr. Lee, he would earn more money. But a certain amount would have to be paid for the part- nership. It was debtor's honest in- tention to pay as much as possible.

Mr. Xaster: But you say you der't intend to pay.

93.

His Lordsbip: He doesn't say

Mr. Xavier put it to debtor that | he had told him (Mr. Xavier) per- sonally that he was a partner in the firm of Lee and Woo.

Debtor denied this.

Mr. Xavier put it to withcas that he had told qthers that he was a partner.

•

Debtor denied this..

Mr. Xavier put it to debtor that his income since Dr. Lee's return he had told him (Mr. Xavier) that

was between 81,800 and $2,000.

he received $700 a month. Of this, in addition to family expenses,

Debtor denied this and said that'

about 8220 went in interest on mortgage.

referred to the question of the letter

At this stage, Mr. Xavier again

which had led to the Chief Justice's

he hail agreed to the scheme of censure, maintaining that although

composition at the meeting he had afterwards told the Official Receiver, he could not agree to it.

The Official Receiver stated that Mr. Xavier did visit him but all

the composition scheme at the con- he said was that he would oppose

.matory meeting.

His Lordship commented that Mr. Xavier had better leave the matter alone. It was quits clear that he had agreed and then attempted to get 60 per cent.

The public examination then. Answering the Official Receiver.closed and the court adjourne sine debtor said that he had never been die in partnership with Dr. Lee. He was always his assistant. He hid been asked to join as partner with him but had never actually done

50.

His attention being drawn to certain wording in his statement of affairs as to my monthly in conie from my firm would be $700," debtor waith that they always talked about the firm as Lee and Woo. but it was not so really Debtor was only an assistant. There was actually no firm although they had talked about a possible partnership, The Oficial Receiver said that the noto-paper was ended Lee and Woo and there was a joint bank account in the two nauies at the Bank of Canton.

Debtor said that this was for convenience sake. He had no antho- rity to draw any cheque on that

BANKRUPTCY COURT.

DEBT OF $280,000,"

LING NAM" CASE A. HARD

ONE.

on

the Bankruptcy Court Saturday morning, before the Chief Justice (Sir Henry Gollan), the public examination was concluded nf Chan. The Cheak, whose liabilities are very heavy, A sum of $280,000 is stated to be due to the debtor' estate from a former co-partner. in the now defunct Wing Kee ginseng firm, in which debtor, had been in terested.

account and in fact had never drawn Agassiz) said that the position was The Ocial Receiver (Mr. E. L. a cheque on that, joint account which was now closed. Whilst Dr. Lee that the sum of 8350,000 was al was away debtor was authorised by vanced in a lump sum to Tse Kwan Sub- Mr. Xavier admitted that the Rim to sign in his absence from the Luk, a partner in the firm.

sequently, other advances were letter was written by him and that Colony. he had originally nasented to the In reply to questions by the made. The partners in the Wing composition but stated that he ap Otheial Receiver debtor said that Kee firm decided that, of that ac proached the Official Receiver sub- his father was a Hong Kong man. count, debtor was to be responsible sequently and told him he could not He died here and left no property for $280,000 in satisfaction of that assent. He received letter from of any kind. Debtor was able to liability. The partners of the Wing Lee and Russ on January 28th. call go to Edinburgh University through Kee took The Kwan Luk's share and ing a meeting of the creditors and winning a Canton Government profits due to him and also took asking him to attend. He did not scholarship of 22,000 for five years. over the debtor's shares. The ar- attend but that night Mr. Russ's

His Lordship: You must have rangement. was that debtor should Werk, debtor himself and another been a wealthy man at Edinburgh recover from Tso Kwan Luk as much creditor called at his house and as there are not many with 89,000 as he could for himself. asked him to agree to a scheme there.

regarded Tae Kwary Luk as being indebted to him for that amount and that was why he included this debt in his statement of affairs as a debt of his (debtor's)...

Debtor

for the payment of a dividend of Debtor further said that he had ten per cent, as full settlement. been married for twenty-six years rertain dates being given for instal- and had ten children., He had a ments and certain prominent Chi-house in Hong Kong, but this was nese gentlemen's names being given mortgaged for 842,000. There might| Debtor was examined as to Tse as guarantors for the payment of be a slight surplus on that mort- Kwan Lak's interests in other büni. the instalments. A resolution em-gage. He had no property of any ness and denied knowledge of bodying these terms had already nature other than that. Two of his certain alleged interests put to him bern agreed to by other creditors, RODA were educated in England, one by the Official Receiver.

His Lordship interposed and com- in London University (he had since The Oficial Receiver said, that mented to Mr. Xavier that he was returned) and the other was still debtor had been acquainted with demanding an explanation as to studying industrial chemistry at The Kwan Lak very well over n why, after having agreed to the com. Leeds.

position, he went behind the backs Asked how he was able to keep period of years but appeared to of all the other creditors and tried the son at London University from knw little of his affairs.

Debtor admitted that certain of to get 'sperial terms for himself, 1823 onwards, debtor replied that

Mr. Xavier replied that he had he was getting a better income from his losses in bankruptes were in afterwards told the Official Receiver his practice. This son he had taken respect of a certain property mart- he would not accept the scheme. away as he could no longer afford Sage to Messrs. Scott & Co. The losses were incurred by his standing security.

After further questions, the public examination was closed..

His Lordship reminded Mr. Xavier to keep him in England. The son that he had agreed at the meeting at Leeds he was able to keep there and, after further hesitancy on the thanks to a loan from cousin of part of Mr. Xavier, His Lordship his wife's in London. He was ̈com- made the following comment.

"The fact of the matter is that pleting his course within six months. you have behaved very disgracefully indeed, trying to get an advantage over the rest of the creditors after having agreed to accept composition on the mes proposed. I think the less you say about the matter the better. It is not legal blackmail, but it is conduct of the most re- prehensible, and most improper character and you had better be careful. You can sit down now. think I have heard enough."

I

Mr. Xavier then, attempted to open a conversation with a Press re- presentative who was reporting the case, asking that His Lordship's comment be omitted from the Press report.

Questioned as to his earnings while Dr. Lee was away, debtor stated that the takings were about $3,000, a month. The arrangement was that Dr. Lee, was paid $400 a month and debtor took the rest after paying expenses. He averaged between $1,500 and $2,000 a month

at that time,

The Liabilities.

A HARD CASE.

An order for adjudication was granted on the application of the Official-Receiver-in respect of Tanug Kaum Chuen, formerly compradors to the a.s. Ling Nam.

At the public examination His Lordship expressed the opinion that it was a hard case. Debtor had The whole of his liabilities, which | served on two trips of seven months amounted to about 800,000, were in each on the Ling Nant to South curred through share transactions. Africa. Ou the second he had not He started speculating in shares at been paid by the owners for food, the end of 1923, making a little at etc., supplied. The ship was seized first but losing very heavily-in-the and sold on returning here and n 1990 slump, His bankruptcy was due large amount owing to him, about solely to gambling in shares.

$32,000, had not been paid.

His Lordship noticed this and re- Asked what dividend he could

At Saturday's hearing, the Official

VICENTE ATIENZA & Co. marked "It is no use you trying pay, debtor stated that out of his Receiver said that debtor had prid

No. 54, NATHAN ROAD, KOWLOON.

TEL. K. 155.

to square the Press, Mr. Xavier. 8700 a month, allowing for family over the sum of $700. although I can quite understand and other expenses, he thought he His Lordship commented that this your feelings of anxiety about what could pay about $200,

was a very exceptional.case, The

.

I have said and what has been dis The Official Receiver then said debtor's misfortunes were due solely closed by the Official Receiver re- that he had nothing further to ask to adversity and he was in no way ceiving publicity

debtor

I to blame for his position

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