1931-02-06 — Page 7

HONG KONG DAILY PRESS, FRIDAY, FEBRUARY 6, 1931.

SOLICITOR AS WITNESS. And you would expect that thoro

HOWLED DOWN AT STORMY MEETING

OF SHAREHOLDERS.

CLOSELY CROSS-EXAMINED BY PLAINTIFF'S

COUNSEL.

When the case in which the Eze Yap Steamship Company is Booking an injunction against cortain shareholders to restrain them from acting as directors and otherwise interfering with the manage- ment of the company was continued at the Supreme Court yes terday, more svidence was given of a noisy meeting in which vio- lent language was used.

The case for the plaintiff closed at noon, and the solicitor in- structing Council for the defonce, who gave evidence of his recöl lections during his presence at the meeting, was cross-examined at length by the other side.

SHIPPING COMPANY'S TROUBLES.

Mr. Eldon Patter, K.C., instruct- | ed Mr. F. X. d'Almada, sr., is ap pearing for the plaintiff, and Mr. P. C. Jenkin, instructed by Mr. Leo J'Almada, sr., is for the defendants.

"TELLING LIES."

And if the sergeant in charge of police, who was on duty, says that the meeting dispersed peaceably, and only 30 or 40 people were left In continuing the evidence for the behind under the chairmanship of plaintiff's case, Chan Chi Fong, & witness, said that when Mr. Li Yuh other chairman, what do you

might be 455ybre, contest on the point-I expected here would be a scrap as there had been scrapis' before this.

And you went to that meeting fully expecting a serious scrap 1- Yos.

And our party, even took the pro- caution of having police present 1— I did not expect the police to be présent, but they were there."

Of course, the police were there because Mr. Ng Tung Kai has told

· ESTATE DUTIES.

ATTORNEY GENERAL SPEAKS ON NEW BILL.

RESULT OF SEVERAL YEARS'

WORK.

At yesterday's meeting of the Legislative Council, the Bill to amend the law. relating to Estate Duty passed its firat reading. De

. us that ho had arranged for it. So } tails of this iBill were published in that it is fairly obvious that he the Daily Press on Monday last expected trouble at that meeting 3-and the Hon. the Attorney-General

You

WAS IT SUICIDE?

EUROPEAN WALKS OFF PIER INTO HARBOUR.

UNKNOWN MAN'S STRANGE ACT.

A report has been made to the police by Mr. R. Gose, fourth off- .cor on the R.M.S. Empress of Japan of the mysterious"disappear." ance of n European, who is snid to have walked off Wharf No 5 (Kow- loon Godowns) into the harbour in explained some of the principal | the.carly hours of yesterday. changes yesterday.

The ofloor said that about 9 Five other Bills, which had pass.m, he saw the man, whose name ed their first readings at an carlier is unknown, go on hoard the linor. Witness: I did not go there with meeting of the Legislative Council,

passed their second and third road. He was then apparently under the ings, yesterday. A

influence of liquor. The man then left the liner and walked to the end of the wharf when he fell into the water. He was apparently in

The Chief Justice: Did you go there with the intention of address. ing the meeting f

that intention.

Mr. Potter: You did address the meeting 1-Yes, but I was stopped.

HOWLED DOWN.

In answer to a question as to why he attempted to address the meeting, Mr, d'Almada said that his sole object in doing so was to pacify the gathoring, but he was howled down.

Mr. Potter: I suppose it would

Tong took the chair, he announced / Mays to that --- If he comes into the be fair to say that you were bowl.

that the meeting was called for the purpose of discussing chartering the ships and payment of a dividend. There was much noise and no re. solutions resulted at all.

·

Mr. Potter: How care it that Mr. Li left the chair ?-He left the chair because of the noise. He said he had to leave the chair as he did

not want to carry on,

Witness-box and says that, I any he will be telling lies.

You know Mr. Leo d'Almindin, senior?--Yes,

He was the only solicitor pre sent when Mr. Li left the chair

If Mr. d'Almada says that the eeting dispersed, and that the great majority of people left the building, do you say that is wholly incorrect 1-1 say it is incorrect..

ed down by the requisitionists 7- Yen.

It would be right to say that the requisitionists were taking up à strong lino 1---Againat me, yes, `be- cause they howled me down.

This was a very stormy meeting? -Undoubtedly.

And very bitter feeling was die played by both sides |--Yes

'It wasn't a class of meeting which What was the attitude of the

would be easily pacified 1-1 agree. meeting 1 Did they want him to

Mr. Leo d'Almada was the first

After stating that the resolutions stay or not --People present tried witness called for the defendants'

were of paramount importance and to detain him, 'and asked him to ease, he having attended the meet-should have been put to the meet- carry on, but he refused and left, ing representing five of the seven ing one by one, Counsel said, I About 30 or 40 people left with him, directors who were present. Wit-put it to you that, as a lawyer and Witness said that after Mr. Linees said that the meeting lasted na a person accustomed to attend left, another elmirman was appoint from about 2.30 p.m. to 4.30 p.m. company meetings, nothing except ed.

and there were approximately two the strongest reasons should dis hundred people present. When suade a whairman from putting witness. left the meeting, a big these resolutions to the meeting - crowd also left. Judging by the Yes.

Was thers a body of shareholders number of people in the streets.he thought everybody had left the at that meeting who wanted these meeting at that time.

| eight resolutions put to the meet Mr. Jenkin: Did you know any-ing 1-Thero were only a few.

There wero thing at that time of any proposal to continue the meeting under a now

Cross-examined by Mr. Jenkin, witness said that he was a member of the Protective Committee. He had nothing to do with writing up the minute book.

Is Ma Kung Chang, the man to whom the requisition was first given to attend in the Colony 7-Yes, but

he ig'uot in Court.

chairman 1

On the proposal of one of the

Mr. d'Almada: I hadn't the fog shareholders, seconded by another shareholder, Mr. Li put the reacluiest notion; as I told you just now, I thought everybody had left the tion to the meeting that the com-

building. pany's ships should be chartered !-- No such thing happened.

That resolution was voted upon and carried ?—No.

ONLY NOISE.

And it was further voted upon and carried that a dividend should

180 requisitionists, leaving out those who signed twice as bolders of shares, and assuming they were all present, how many of that number were in favour of the eight resolutions being put to the meeting 1-About 18 or 20 were speaking, but how many were in favour. I cannot sny.

A MODern demosthenes.

There were present:-

H.E. the Governor, Sir William

Peel, K.C.M.G., K.B.E. H.E. Major-General J. W. Sandi-

lands, C, B., C. A.G., D.8.0. The Hon. Colonial Searétary, Mr.

Hallifax, E. R.

C.M.C.,

C.B.E The. Attorney-General, Mr. C. G.

Alabaster, K.C., O.B.E. The Hon. Secretary for Chiness

Affairs, Mr. R. A. O. North.

difficulties so Mr. Gose threw life. buoya into the water but the man ignored them and swam. away, Suddenly he disappeared from vie

Boarch

MF. Gos then rained an alarm The Hon. Colonial Treasurer, Mr.which attracted No 6 Police launch

C. Mcl, Messer, O.B.E.

but despite the fact that a The Hon. Mr. H. T. Creasy,

was carried out for about an hour C.B.E. (Director of Public

in the vicinity, no signs of the Works).

man were found. According to the report, the man appeared to

The Hon: Mr. E. D. G, Walte

C.M.G. (Inspector General of

Police.

The Hon. Commander G. F. Hole,e about 23 years of age and spoke

with a strong Boots accent.

R.N. (retired) (Barbour Mas ter).

The Hon. Sir Shou-son Chow, Kt. The Hon. Mr. J. Owen Hughes, The Hon. Mr. J. P. Braga, The Hon. Mr. Tuo Soen Wan,

O.B.E... LL.D.

The Hon. Mr. C. G. S. Mackie. The Hon. Mr. J. J. Paterson. Mr. N. L. Smith (Deputy Clork of

Connoils).

Estate Duties.

The Attorney-General moved the first reading of "a Bill to amend the law relating to Estate Duty

Up to a lato hour last night the body had not been recovered.

KIDNAPPERS SENT TO

GAOL.

BOY'S ASTUTENESS LEADS TO ARREST. Sentences of one year's hard labour and twenty-four strokes of the birch were passed on each of He said: Sir, I rine to move the two Chinese who plended guilty first reading of a Bill to amend the before Mr. H. R. Butters at the law relating to Estate Duty. The Kowloon Magistracy yesterday to schedule to the Bill gives the new charges of kidnapping a boy. An- rates per cent. at which Estate Duty ether man, who was convicted on is to be payable. In the caso of a charge of receiving the kidnapped· estates between 81,000, and. 95,000 boy, was sentenced to twelve in value, the new duty is to be half months' hard labour. of the old, one per cent., instgah of two per cent. Up to $10,000 it longed to a gang of kidnappers It was stated that the men bc- is to remain at two per cent., and with headquarters in Kowloon up to $23,000 it is to remain City. On January 17 they enticed at three per cent., these being the two boys to King's Park, "to catch present rates on such estates.hirds. They then managed to After $25,000 it is to rise to four perkidnap one of them, the other boy cent.; after 850,000 to five per cent., making good his escape. The latter cent, at a time, until a maximum february 3, coming down the staire and thence, by stages of ons per youth saw the kidnappers again on

of 19 per cent, is to be paid of a house in Austin Road. He in- in respect of estates exceeding formed the parents of the kidnap. 82,000,000,

pud boy, who gathered some clans. non, and after fight, arrested the two men...

The present maximum which has been in force since 1915, is eight per cent., for estates exceeding 82,500,000, but therein the Colony has been exceptionally fortune com- pared with other places, · In' the Straits Settlements, for many years it has been 12 per cent. for estates exceeding. 81,500,000.

Maximum of 40 per cent. at

Home.

The receiver was arrested" in n hat in Kowloon City.

ROBBER GANG, CAUGHT.

SMART SENTENCES ON FOUR MEN.

Before Mr. H. R. Butters yester day, three Chinese were charged various articles to the value of with the larceny on January 12, of 88.74, the property of Miss Ruth Wong, a school teacher residing at so, Pak Tai Street. They pleaded guilty and were each sentenced to six weeks' imprisonment.

In some Colonies and in, the United Kingdom, the maximum time the Bill makes many amend reaches 40 per cent. At the same ments in the Ordinance of 1915, generally bringing it into closer agreement with the legislation of the United Kingdom, not so much, however, with that object in view as with the objects of improving The three defondants together the machinery for collection and with two others were also concerned of closing the avenues of ovasión, in another larceny case, and this It results from the suggestions of time they also pleaded guilty to many parts, extending over several having stolen 818 in money and years, law officers, estate duty com- | clothing to the value of 834 from missioners and tlicir assistants, and 55, Ha Heung Road, ground floor. last but by no means least, prae- The first, second and third were tising solicitors representing the In-, each given a period of six weeks corporated Law Society of Hong in jail, the sentence to run con- secutively with the previous one

VIOLENT LANGUAGE..

Doscribing what took place at the meeting, Mr. d'Almada said that

In answer to other questions, with according to his knowledge-of the Chinese language, one of those pre- ness said that, during the time the sent proposed, after a lot of dia-people were arguing and making a cussion, during which most violent noise, one shareholder' rose and be paid if the company's funds war-language had been used, that they addressed the meeting for some ranted it No. There was noise should not proceed with any of the time and the noise subsided.. only. No such thing was put to the questions with the exception of the This person suggested three points mnecting..

charter of the two ships, and the only should be put to the meeting, I put it to you that the requisi-payment of a dividend if the assets and they referred to the chartering tion, by the consent of the meet warranted it, After being duly of steanters, paying of a dividend, ing, was not dealt with at all? seconded, this suggestion

was and a suggestion that the other six | adopted without opposition. Before resolutions should not be consider- No such thing happened.

That the chairman asked the the meeting closed, the chairisan ed. A proposal embodying there meeting whether they desired to asked if there was any other busi-three points was put to the meet- conduct any further business, and, ness and there being no reply, he ing by the chairman and carried. if not, he would close the meeting declared the meeting closed,

Mr. Potter: I put it to you -He never said he would close the Witness said that the first time that you are hopelessly and wholly

he had heard another meeting had wrong -That is your opinion. necting.

taken place that afternoon was in Our vase is that up to the time the middle of August.

Mr. Li Yu Tong loft the chihir It has not been an easy Bill to while the fourth defendant. was there was pandemonium. I put it draft. Local conditions are not the sentenced to one month's imprison-

same un those at Home, and there mont. The fifth man was romand-- to you that your recollection is

may be two opinions as to some of id in police custody until this wholly at fault because the majority the clafises of the Bill. If these are morning when sentence will be of those present were opposed to pointed out either at or before the paced.

debates on the second reading at The first and second defendants. the suppression of the oight resolu- the next meeting. I, for one, will were also charged with receiving tions, No, I was guided by a show welcome the reference of such and were onch given & further clauses to the Standard. Law Com- | period of one month in goal: this Do you know the nine of the mitted under Order 27 of the Btand time the sentence to run concur eloquent gentleman who convinceding Orders of this Council. I now rently with the first two, Ploading the meeting 1-I don't know,

move the first reading of the Bill. guilty to the additional charge of Seconded, by the Colonial Beere- hogo-breaking at Shaimahuipo, tho tary, the Bill passed its first read first man was sentenced to two months' goal, to run concurrently The following Bills passed their with the previous señtojocs, final stages at yesterday's meet

1

SOLICITOR CROSS- EXAMINED.

And no objection being raised to the proposal, he accordingly declared the meeting closed -No. The chairman never made any men- tion of closing the meeting. ·

In answer to Mr. Potter's open The meeting then dispersed penceing questions in cross-examination, fully --No, when the chairman left Mr. d'Almada said that it was only about 30 or 40 people followed

not until the recent requisition 'that him, and there remained over 100 he became aware there was con- in the room.

sidérable dissatisfaction with the You do not suggest, do you, that policy of the old directors.” Mr. Li has been in any way at all Mr. Potter: Did you know that associated with either of the two for some reason the directors refils rival parties in this company --No, ed to convote the meeting and that a convince the meeting?

I do not any that He was a neutral

man.

I put it to you that in his con- duol of the meeting he showed ab solutely no leaning towards either one side or the other None.

the shareholders themselves conven- ud it?--Yea

of hinds.

It would be interesting to know him because he must, be a modern Demosthenes. Can you telline what the eloquenü gentleman had to

No

The next witness was Mr. Là Yu Tang, who was tho chairman at the meeting. Witness gave the name: Did you have before the meeting of the shareholder who addressed took place a copy of the requisite moeting, and said that he spoke for about three minutes.. Another tion 7--I had.

shareholder spoke for about a And you know upon that requisition minuto and made a proposal, which If the chaman Hazes, in 166 thors upperred tight poligreeme a secokucu By Gurde witness-box, that, in fact, these two Do you agree with mo that they and the motion was carried by 4 majority of about 70 per cent. The resolutions were put, voted upon were points of the utmost importmeeting then dispersed and witness and-carried, and that the meeting anco 1-Clearly.

estimated that shout. 150 of those then disporzed peaceably, can you They were a censure of the direc-attending it left at the same time suggest any motive why he should tors and their removal among other

give that evidence t—No!

things Yes.

witness.

The case adjourned at this stage until this morning..

Kong.

ing.

ing:

AB to provide for the regio- tration of nurses for the aick "..

Finance Committee...⠀ After the Legislative Council A Bill to amend further, the meeting, the Finance Committee Widows and Orphans' Pen-approved of two votes totalling sion Ordinalee, 1908.

83,300. Thea were na to $100 for "A Bill to amend further the Dis. Prisons Departinent for in- ws Pyllic Health and Buildin

Ordinance, 1903, and an En- special expenditure for the Kowloon actment referring thereto. Canton Railway, the money being A Bill. to make, provision for wanted to make up for the drop 'in taking from time to time the exchango in the purchase of four- Census of the Colony,"

toon locomotive wheel balancing "A Bill to amend the Merchant machince ordered in February, 1030. Shipping Ordinance, 1809." - The Legiilative Council, will meet (Continued at foot of next column.] again on Thursday, February 19.

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