1931-02-17 — Page 5

CHINESE NEW YEAR.

CHEAP FLOWERS AND GOLD FISH IN HONG KONG.

EFFECT OF CANTON'S BAN

ON CELEBRATIONS,

There was no half-heartedness about the ushering in of the Chinese } Now Year in Hong Kong, The usual last-minute shopping was in

· "evidenus" everywhere pesterday and the celebration is not in any way confined to a small section of the community. Large department stores down, to small shops were open for business up to a late hour Juat night and there can be, no quen tion of the lunar year being allowed to 'slip ́in unannounced. Cracker firing is still popular and the Chi- nose community did not spare itself last night.

HONG KONG DAILY PRESS, TUESDAY, FEBRUARY 17, 1931.

CHIEF JUSTICE GIVES JUDGMENT IN THE SZE YAP ACTION.

ISSUE DECIDED IN FAVOUR OF PLAINTIFFS FOR

CONTROL OF THE BUSINESS.

Judgment for plaintifs, with coste, was given by the acting Chief Justice (Mr. Justice Wood) at the Supreme Court yesterday in the action brought to decide the rights of two parties of directors in the Sze Yap Steamships Co., Ltd. His Lordship expressed the hope that the contestant parties may now find it posible to come together and recognise the over-riding interest. of the company as a mbole.

་

Mr. Eldon Potter, K.C. instructed, by Mr. F. X.. D'Almada, shr., was for plaintiffs. The defendants were represented by Mr F. C. Jenkin, instructed by Mr. Leo D'Almada, sar.

FULL TEXT OF THE JUDGMENT.

Giving judgment hi Lordship said: The plaintiffs are the Sze Yap Steinship Company, Limited, and the defendants are five persons who were directors of the company on all material dates.

involved the removal from office of existing directors and the sub- stitution of others. Feeling ran high and by 4.33 p.m. no question had been put to the meeting. Of thres solicitors who attended the nueting under instructions, two had withdrawn, apparently des pairing of any restoration of order.

Variance in Evidence,

1.

SESSIONS LIST.

FOUR TRIALS ON THE

CALENDAR.

PIRACY TRIAL OPENS ON THURSDAY,

at 10 am. Twelve Chinese

ure in dicted in the opening case for a piratical attempt on a cargo junk. February 20 and 23 are additional

The accused are charged on:

As to what exactly took place between 4.15 p.m. and 4.30 p.m.

Four trials are included in the accounts given in evidenry differ. buch varianco is only to be expoot February Criminal Sessions which el. In listening to withson will open before the Chief Justice th sides, I have been impremed(Mr. Justice Wood) on Thursday by their evident intention to state, as far be they are ablo, what they believe to actually the inote, Tho chairman,r. Li Yu Tung, was in my view, capable and im partial. He had wrcabled with an Impossible to bring the mosting todays reserved for this trial.

inood in which he was, able to obtain anything amounting to a consideration of the eight mealu-three counts (1) that on January tions contained in the requisition. 4,1931, upon the high seas off Pedra At this point there would seem, tà

Dianco, they pinitically and feloni have bech sume improvement in

ously attacked cargo junk No. an absolute lull is to be inferred 206, Hong Kong licence," putting from the fact that the matter did

in bodily four the master and erow pot impress itsole upon the notice requested to attend the meeting Police Sergeant who was in ation and attack the boat and Chung of Sergeant Hill, the European thereof; (2) that they did set upon punctually and not to uzivo (their own rights). This is the dance to preserve the peace. The notice. The 17th of July, 1930.

meeting was being conducted upon Ma Yat, the master, and put him Notice respectfully, given by the premises of the Sze Yap Indus- bodily fear, with intent to take trial Association and Mr. Wong the junk, tackle and cargo from shareholders holding 2/106h

Yuct-Chiu, the Secretary of the the owners thereof; (3) that they ahares (in the paid-up capital)

Association-standing by the Chair- of the Sze Yap Steamship Coma-obtained the attention of the did attack the junk with intent to

greater number present. He spoke steal it.

the premises of the Sz Yap Coinorder. That it did not amount to marcial (and Industriady Asscoin- tion and to trent same as special

resolutions. All shareholders are

Ltd.

The official ban on celebrations in Canton has indirectly benefitted Hong Kong. Flowers are plentiful nt the Chinese New Year Bazaar At a meeting of shareholders of and there is a wide range to select the company hold on July 8, 1930, from. Moreover, owing to the ab-ight resolutions were passed. At House of demand in Canton, garden" a further and confirmatory meeting

Notica in Order, четя are compelled to sell their held on July 21, 1930, the same ro-

to suggest that two proposals, On Monday, February 23, An- flowers at practically half the price solutions were confirmed as special

Objection is taken to this notice namely to charter. the company's charged last year.

Flutions. In the present issue, that it does not set out in torms ships (which subject was mention-stacio dos Remedio, Marques will the resolutions requiring confirmed in one of the eight resolutions) take his trial before the Puisne the plaintiffs support and the defion as social roxalations. It has and to consider the payment of Judge (Mr. Justice Lindsoll) on a these proceedings. fendants impugn the validity of teen argued that the proceedings, dividend, should be put to the charge of robbery by two or more. bieng founded upon a newly meeting as non-contentions matters

Wanghat Shooting Case, These meetings were convened by derived authority, must be elf and adopted. A proposer and quisitionist shareholders under contained and that, therefore, anysconder were found for this motion and only moderate prices were provisions of the Companiesuotice given must be as informative and on a vote taken in a summary Xavier takes place on Tuesday, asked. This means that Bowers will Ordinance (Ordinace No. 59 of as a notice, requisite to apre find, their way to the homes of prae- 1911),

liminary meeting. To my mind. dants that the first meeting we door not successfully inpugn the It is not suggested by the de-nocepting this contention, it still not duly convened. They challenge netice given. This second notice the proceedings on the occasion referred such shareholder to an in

150if.

mediately available and complete The defendants further submit record of information, and by so that the confirmatory meeting was doing fulfilled the requisites of lae invalidated by want of due notice.notice for any meeting.

will deal with this latter point. first.

Beautiful Pot Plants. Some very beautiful specimens of pot plants were on view yesterday.

tically every Chinese. Previously good flowers were so expensive that only the very rich were able to buy them at this time of the year.

There is, however, one drawback. Owing to the prolonged bot spell recently, practically all the flowers offered for sale in Hong Kong are in full bloom. This is unfortunate as the Chinese are, very partial to flowers which are likely to bloom on New Year's Day. Any pot, of flowers bearing buds that promise to bloom on New Year's Day erally fetch good prices.

Gold Fish Plentiful.

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A

3

The trial of Jesuins Maria

February 24, before the Chief Jus tice. Accused is indicted on murder Mr. A. J. Manton at a flat charge of wounding with intent to in Lockhart Road on December 27, 1030. There are alternative counts of wounding with or without in- tent. The two following days have also been reserved for, this trial.",

fashion, the chairman, declared this this motion to be curried. The occurs at the point where it be material divergence in the evidence cumos necessary to decide how far this atop in the proceedings affected the position in the agenda of the eight resolutions. Mr. Wong Xuet Chiu informed the Court that what ever he may have said, I hind it in mind to recommend to the mentfore the Puisne Judge, Lau Kit On Thursday, February 20 be

adopted. A proposer and seconder ing as non-contentious matters and

will be tried on a charge of rob- was found for this motion and on bery by two or more. a vote takon in a summary fashion, the chairman declared this motion to be carried. The material diver Cce in the evidence occurs at the point where it becomes neccesary

to decide how far this abop in the the agenda of the eight resolutions. proceedings affected the position is Mr. Wong Yuet Chiu informed us.

Out of what now appears to m to have been an ox of caution, The resolutions were special re- solutions. Such resolutions must Mr. Potter, for the plaintifle, aug be voted upon and passed by agested that the defendants on this autory majority at a general issue in view of their course of moting of which noivo spocifying conduct in correspondence and in the intention to propose the resolu- advertisement, must be held dis- ions as extraordinary resolutions qualified by acquiescence from nns been duly given. (See Ordi- questioning the sufficiency of this genance No. 59 of 1911, soc. 70 (1)mitted, have raised this point be Actico given. They could, be sub- A resolution does not seem to bo como special until confirmation.fore the meeting was held and at (Sec ac. 70 (2) (a) and (b)). After that time, though challenging the Court that hntover he may have they have been passed at the first validity of the intended proceed-nid, be had it in mind to recor noting, special resolutions must inge on other grounds, they did not be confirmed at a subsequent meet-advance this particular critician,

and buye, therefore, nom lost any ing.

right to do so. However. It seems to me that individual acquiescence on their part (if any, and I do not find any) is not in point.

Gold fish are also plentiful and cheap this year. Here again the absence of demand in Canton has led to the flooding of the Hong Requisitionist shareholders oon- Kong market and prices conse-vened both these meetings in con- Lequence of un omission by the quently have, dropped to a very low directors to convene them within level. It is unlikely that all the the limits of time allowed to them pretty planta and flowers and gold the ordinance so to do. The manner in which these meetings fish offered for sale at the Chinese may be convened by requisitionists fair can be absorbed by the Hong is prescribed to be" as nearly as Kang population this year.

possible, that in which meetings are to be convened by diroutors."

See see 67 (3) ).

The fair itself this year is not such a big affairs in the past, this being due to Police regulations.

The course hore is ultimately dealing with the rights of share holders and the exquissconce of the whole body of shareholders is alone revelcat,,

Occurrences at Meeting,

I

The Court will, sit at 10.30 a.m on all the trial dates except the

opening day of the Sessions.

RESCUE WORK BY THE BELGENLAND.

LINER RUNS INTO JUNK IN FOG:

th

ment to the meeting the postpon- Arnt of the consideration of these solutions. Dir. Li Yu Tung, the

Whilst the Belgenland was ap chairman, has stated that the proaching Hong Kong on Friday opinion of the meeting as, takes night, the passengers were provid from the chair included the expressed with something of a thrill when rejection of these resolutions. The the linor ran into and sank onus of establishing the defeat of junk in the vicinity of Cape the sight resolutions at this point d'Aguilar. The night was very is upon the defendants, who allege foggy, and though handicapped by the weather conditions, the Bel- it.

gealand went about the Тевеца work in an oxcellent manner, and within a few minutes the entire crew of the small craft was taken aboard.” “

Chairman's Statement,

After consideration, I find my- self unable to accept the chairman's I come next to the occurrences at estimate of this ovent. I am led to The defendants question the man- the meeting of July 8: This meet- this conclusion "not merely by the Its main attractions seem to bener in which the confirmatory meeting commenced at about 2.30 pm.weight of the verbal evidence given Bowers, gold fish, Chinese sweeting was convened No point has

and continued, without interrup: but also by the fact that in no sub- meats, fruits and jess material. been taken with reference to the run, to about 4.30 pm. There una sequent protest by the defendants, The curio stalls, which for so many tength of notice given by the con- then an interval during which no whether in formal correspondence Years have attracted Europeans venera The completeness of the business was attempted. During or in public advertisement (until visiting the fair, have all disappear. list of shareholders to whom notice this interval a number of share September 3) was the rejection of

was given was doubted by Cfr. Jen: holders departed. ed. Next year, it has been indicat

This interval these resolutions ent up. I am satis- ed by the authorities, the fair willkin in his final address, but I

was about a quarter of an hour! Sed that after this role was taken he arranged on the Reclamation in would not then entertain any sub- Wanchai, and there is no reason to mission upon this point, as the At about 1.45 p.m. business was a further period clapsed of about Traumed. The eight extraordinary Ave minutes before the closing" of think that it will not be equally as matter had not been specifically put resolutions for the consideration of the first proceedings, during which popular as the fair which ushered 10 the plaintiffe' witnesses. The which the meeting had been con time conversations book place be

real matter for consideration here in the present year.

is the sufficiency in substanoc afvened were each proposed, seconded tween the chairman and individual the notice itself. The notice relied and voted upon, and passed by a shareholders, upon by the plaintiffs consists of statutory majority. The meeting two documents, the first dated June eaded after 6 p.m.

During the first portion of the

RADIO TELEPHONY,

LADY PEEL TALKS TO ·

LONDON.

In those conversa-

tions the chairman said that he was uuable to control the meeling suf- crently to conduct any further dis

-It utia stated, that at the time of the accident, there were a num her of small craft in the vicinity and the danger of collison this is increased owing to the fact that a number of them carried no lights. It was alleged that the junk which was sunk was one of

those.

As soon as the alarm that the ship had run into a smaller vessel was made, a boat was lowered un- or the charge of Chief Officer Watling. This took but. two minutes, and the efficiency, with which the rescue crow worked is emphasised by the fact that with

the liner resumed zer vosage, with In Tang. He left the chair at 4.30 that if the meeting were to pro- the entire crew of the junk (num-

.m. The second portion was pre-eced, it must do so under another sided over by Mr. Ng Tung Kai thairman. At 4.30 p.m. acting on boring nine) safe on board. (who has been ale mention as

bis, own initiative, the obairman

19, 1930, and the second dated July.neeting, the chairman was Mr. Li cassion of the eight resolutions, and in twenty minutes of the mishap,

17, 1930.

The victims were sent to the

Shareholders' Requisition, The first notice set out the eight resolutions in full and announced Mr. Ng Tsin Kai). The rang the bell anil declared the meet-Tung Wal Hospital, suffering from the dates of both proposed meet- ings. It has been submitted for the raises the question whether thing closed":

second portion was a regular and

.

the effects of their immersion while eye. This, fortunately, was not of one of them had a gash over the a serious nature so that they were. all discharged yesterday.

The passengers on the liner were loud in their praise for the fine re- stte work and they started a sub- scription for the victims. A sum of nearly G8200 was raised.

EQUIPMENT ON THE

On the closing of this meeting, "BELGENLAND."

defendants that in view of the fact effective continuation of the origin- the chairman, the remaining solici that the authority of the re- Hong Fang radio enthusiasts quisitionists under the ordinance at meeting, or is to be regarded tor, and (it beerns to me) the larger tu convene the second meeting (sko separate aeting of share rumber of the sharehole ra mre. were showo, for the first time in

|Holders held without notice given, sent, left the premises. Lo pre- the Colony the radio telophone sex. 67-(4)-) did not, in fact arise and therefore irregular and withs were the second floor of a

uut result.

ง Chinese tenement house and it took when the liner Belgepland came until July 15, the notion of June 19 into port on Saturday afternoon, cannot operate to validate any step The equipment, which is in a room riken under such authority. With As the evidenco developed, it ap- about a quarter of an hour for these on the "B" Deck of the giant this submission I agree, It there. Fearod that the decision on this people to leave. They departed liner, looks simple enough Justfore remains to consider the matter depended upon a finding of with the general impression in their fact whether the meetng, if closed minds that the meeting convened sufficiency of the accond not by the chairman at the end of the was at an und, and that no further In the circumstance (as I have an ordinary desk telephone, switch board and a loud-speaker, that dated July 17,

set them, out) their action seems Ta text of the translation of that first period, was so termiated with business would be done, and yet on Friday night, when the

the consent and acquiescenco. of mil I cannot resist the vider that some to me to have been regular and, liner was approaching Hong Kong, notice is as follows:

shareholders then present, and for requisionist shareholdere whore-binding upon the Company, officials on board spoke to the To the attention of all sharether, whether, if not terminated nained behind permitted their on-

ditors of the Daily Repress and

Judgment, for Flailifts. holders of the So-Yap Steamship with euch consent, it was closed ponents to leave the four rolining Frening Newe in London.

Company, Limited.

after the queston for which the that they were under this impres- My decision, therefore, on this Notice is hereby given that at meeting had been convened had sien and without protests. If these issue is in favour of the plaintiffs, the special genorad meeting of the been duly put and voted upon, shareholders are open to witicism The issue contained allegations by whole body of shareholders of National Dwellings Society.. on this account, it may be noted as the defendants of refusal of free this company, held on the 8th day Sykes (1894) 3 Ch. 109" Gatesby

a substantial uxtension of their peeras to the confirmatory meeting, of July (1030) for considering the

position that these opponente trd and of certain imperfections in the eight items of matters mentioned Burnett" (1910) 2 Ch. 325).

This meeting was a culmination steadfastly refused to allow the dis original requisition, but these al- in the Requisition submitted by shareholdere holding 1/10th are of a strenuous controversy between asion of the resolutions in respect legations have been wthdrawn, and

were not entered upon, (in, the paid-up capital of the two considerable bodies of share of which the mesting stood con

Judgment on this issue will bo company) the vanous shareholders holders. With the substance of tho tened

After these persons had left, some entered for plaintiffs, with costs. (who were present) at that time dispute thig isene is not concerned.

I am not without hope, having Lunanimously agreed to the adon: Over two hundred shareholders at sixty or seventy shareholders re-

Tidemaalakaand the pritsinsi witppsses and tion (of You are further requested to con and disorderly. The supporters Police Sergeant Hill upon the quor having observed the Interest with firm such resolutions previously and the opponents of the night re- tion of the remaining number which these proceedings have been adopted at another acting to relutions would seem to bave been. These proceeded to appoint a new followed, that the contestant. be convened at 230 p.m. on not equally matched. Possibly a chairman, and to pass the eight parties may now at length find it. Thursday, the 24th day of July Pertain number of shareholders pre-resolutions contained in the raposible to come together and re- (1030) ( the 29th day of the rent were adherents of neither quisition,

Seugnise the over-riding interest of 6th moon junar calendar) also on party One of the eight resolutions (Continued at foot of next column.) the company as n whole.

Our representative was informed by an officer on the liner that on Sunday night Lady Peel spoke to London on the radio telephone, while several other calls were made.. It is of interest to note that this is the first time that a radio tele- phone has been installed on a world cruise ship,

un ko.

The circuit in each instance was kept up for approximately 10

distance covered being roughly 0,000 miles, and the radio path and Central traversed Asin Europe,

Mr. Geoffrey Steven of the Inter national Marine Radio Co. and the commander of the Belgenland. spoke to the editors from the ship.

PARES

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THE NEW PRINCE"

GARTER

Modern men liko their exquisite colourings, and there is such a useful range from which to choose..

The "NEW PRINCE" wearers say it is the most comfortable band in the world. Its tension is such an ensy, caressing clasp, so light it is not felt, yet firm enough to hold the socks in the desired position,

BRITISH MADE

from super-quality artificial

Price $1.75

Less 10% Discount for Cash.

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Specialists in Gentlemen's Wear.

10, Ice House Street.

We also stock "Cello," "Paris" and "Ivory" Garters.

CB 43

Columbia

RECORDS

JYOU'LL FIND THE ANSWER IN MY EYES WALTE

LITTLE LONELY LADY

WITH MY GUITAR AND YOU CB107 SHOO THE HOODOO, AWAY

BE CAREFUL WITH THOSE EYES (IN A QUIET CORNER

OB121 THE BARMAID'S SONG

OB122.

LONE NIGHT ALONE

DX 67

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1TILL WE MEET AGAIN

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}Page 6