1932-11-11 — Page 7

LOCAL COMPANIES ORDINANCE

LONG LIST OF AMENDMENTS AT LEGISLATIVE COUNCIL MEETING YESTERDAY

PROPOSALS BY ATTORNEY GENERAL AND MR. BRAGA

When the second reading of the Companies Ordinance, 1932, came up before the Legislative Counoll yesterday a number of amendments were proposed by the Attorney General and by the Hon. Mr. Brags. The customary procedure of reading the bili clause by clause in Committee was dispensed with, but in spite of that, the meeting lasted nearly an hour and a half.

The principal amendment at yesterday's meeting, when the bill passed its second roading was under the heading of "Annual Re turn" (Section 107, cub-section )).. Detalls of this amendment will be found below,

Several other bills passed their first reading yesterday,

HARDSHIPS TO SECRETARIAL STAFFS

H.E. the Officer Administering the Government, the Hon. Mr. W. T. Southorn, presided.

Others present were: The Colonial Secretary (Hon Mr. E. R. Halifax).

clauses and that thereafter the Bill be considered first by the two in- troductory sertions, then by each of the fifteen parts, then by each of the ten Schedules and finally by its euncting clause and title. I may add that, though there are a num- ber of small amendments to he mov

The Attorney-General (Mon), Mr. C. G. Alabaster, K.C., O.B.E.).

The Secretary for Chinese Affairsed they are mainly typographical and none are material under Stand (Hon. Mr. A. E. Wood),

The Colonial Treasurer (Hon. ing Order 229 (1). Mr. Edwin Taylor).

Hon. Mr. R. M. Henderson (Director of Public Works):

Hon, Mr. E. D. C. Wolfe, C.M.G. (Inspector-General of Police).

Hon. Comdr. G. F. Hole, R.N. (retired), (Harbour Master).

Hou. Dr. A. R. Wellington (Director of Medical and Sanitary Services).

Hon. Sir Henry Pollock. Hon. Mr. W. E. L. Shenton. Hon. Mr. R. El.

C.M.G., LL.D.

Hon. Mr. J. P. Braga,

After the Standing Order and been suspended as desired the Con- eil went into committes to consider

details of the Bill.

HONG KONG DAILY PRESS, FRIDAY, NOVEMBER 11, 1932.

though he saw no objection to tha extension of the six weeks into oight weeks.

Sir Henry Pollock supported Mr. Braga's proposed amendment which was duly carried.

Two other amendments proposed by Mr. Braga under section 98, subsection 2, were defeated.

Lists of Shareholders.

Section 107, subsection I reading дв follows ลง also amended: "Every company having a share capital shall once at least in every year make a return containing a list of all persons who, on the four- teenth day after the first or only .ordinary general meeting in the year, are members of the company, and of all persons who have ceased to be members since the company, and of all persons who have ceased

SEQUEL TO HOTEL BEDROOM INCIDENT

SEAMAN SENTENCED TO TWO MONTHS' HARD

LABOUR

"DID NOT ENTER HER ROOM"

The hearing of the charge of common assamit preferred against A,B. Bugler, of H.M.S. Koppel, by Mrs. Watts, an employee of : the Peninsula Hotel, was concluded before Mr. Buttere at the Kowloon Magistracy yesterday.

·

Defendant was found guilty and sentenced to two months” hard

labour.

Mr. D. B. Erääs appeared opbehalf of the complainant, and Mr. T. X. d'Almada represented the defendant.

ALIBI THAT FAILED

...

After Mrs. Watts had given fur- ja fight of stairs in the back yard to be members since the date ther evidence on being recalled by to a landing, of the last return or, in the case Mr. d'Almada, Mr. Piovanelli,

of the first return, of the incorpora- manager of the Peninsula Hotel tion of the company."

related the circumstances of the

Mr. Braga in asking for an amendment of this section said

In the past, the Annual Return contained a list of all persons, who, at the date of the ordinary yearly meeting, were members of the Company. It would be giving the Company a great deal of extra work if the list of shareholders had to be made as at the fourteenth day after the ordinary yearly meeting. Dividends are generally payable to the registered holders at the date of the ordinary yearly meeting,

finding of the accused on the hotel premises on the night of October

27-29. This concluded the case for the prosecution.

In opening the case for the defence Mr. d'Almads submitted that the arrest of the accused was illegal, but after recourse to various legal text-books, the Magistrate over-rated this submission.

The defendant, in giving evidence aid-On Wednesday the 26th. I left the ship at approximately 4 o'clock in the afternoon and went to the

"Was I a Detective.”

I was walking up and down for about 5 minutes when a gentleman

I was doing. I replied, "Having a bit of fresh air and a quiet smoke." He asked me Was I s detective or a private agent of somo description, so being rather curious I answered, "Maybe",

came up to mo and asked me what

know that last night a lady was He then said "I suppose you

assaulted on this floor?" I said,

"No. Whore about was it?”.

I continued to walk up and down smoking, when another gentlema

Was the

The following amendments were before which date, the register has Sailors Home at Wanchai, where came along and said he

to be completely balanced and I changed into civilian clothes. At manager of the hotel. He asked

then made:-Under Section 37, subsection 3. The words

Five hundred pounds" were deleted and the words "Fve thousand dollars" inserted. The paragraph now

rends: "If any person acts in contravention of the provisions of

about 8.15 p.m. I went to the The R.A.O.B. Club and remained there for about 2 hours, after which I went over to Kowloon and attend- ed the 7.20 p.m. performance at

list of all shareholdere prepared for the purpose of dividend, new Ordinance will now make it alecessary for the Company to balance its register all over again and prepare an entirely new list of

1

me to accompany him to his office, and then telephoned for a Mrs. Somebody,?' Immediately abo came into the room, the hotel

know that man 1," and she said, manager said to her, Do you

Kotewall, this subsection, he shall be liable share holders within a matter of the Star Theatre; but I left again yes. He is the man who was in

Hou, Mr. J. J. Paterson.

fortnight after the ordinary year

4 nt about 9.20, and went to the to a fine uot exceeding five thousand

Kowloon Hotel where I met Mr. dollars." Under Section 44 dealingly meeting. It would be far more Marr, a friend of mine. I dined with "Return as to allotments" convenient if the Company were at the Kowloon Hotel with him, the words "Six weeks" appearing required to supply a list of share-'

and was in his company until about in sub-sections 1, 2, and 3, were holders as at the date of the ordin-midnight. Mr. Marr was leaving Mr. R. A. C. North (Clerk of altered to "Eight weeks" on the ary yearly meeting and not on the the Colony on the Friday mad Councils).

proposal of Mr. Braga seconded by fourteenth day, after the ordinary suggested that we meet again next "The

Sir Henry Pollock.

yearly meeting.

day.

Hon. Mr. W. H. Bell. - Hon. Mr. T. N. Chau.

Attorney General moved "That the rules dated the 18th day of October 1932, made by the Chief Justice under section 114 of the Bankruptcy Ordinance, 1931, be approved." There were several minor amendmenta, mainly correct ing typographical errors. The motion was carried unanimously.

Mr. Braga went on to say that under the old ordinance the list required was a list of shareholders at the time of the holding of the Annual meeting.

Drove to Happy Valley.

The opening lines of Section 44 read as follows: "Whenever a com-

I then left him and strolled along pany limited by shares or a com-

toward the Police Hotel, bat did pany limited by guarantee and hay-

not enter it. The place was prae ing a share capital makes any al-

tically, in darkness so I proceeded lotment of its shares, the company The Attorney General said that to the Star Ferry, where I charter. shall within six weeks thereafter the wording of the bill was taken)

ed a "walla-walla" to take me deliver to the registrar of com- word for word from the English to Queen's Pier, Hong Kong The Attorney General πιοτεε ponies for registration...etc, Act. He did not know why four- From there I drove in a taxi to a

"That the scale of fees and percent-etc." ages dated the 15th day of October, 1932, prescribed by the Chiel Justice under section 115 of the Bankruptcy Ordinance 1031, be approved This was seconded by the Colonial Secre- tary and duly approved,

The Attorney General moved the First reading of "A Bill to amend the Opium Ordinance, 1932. "This is a very short Bill and its affect," he said is fully explained in the Memorandum attached." The Co- Jonial Secretary seconded and the bill passed its first reading,

The Attorney General moved the First reading of "A Bill to con solidate and amend the law relat ing to the establishment and regula tion of the Police Force." He said that this was mostly a consolidating Bill and there were certain amend ments, the more important ones be ing in the Objects and Reason"

Mr. Braga's Amendments. In asking for eight weeks, Mr. Braga said: "It has happened that an issue of new shares has coincid- ed with the payment of a dividend

teen days was mentioned in the

act but he should be sorry to de-, certain address in Happy Valley part from the English precedent where I remained for about 3 to 5 unless for very good reason. They minutes-possibly not quite so long. could apparently work with per- feet smoothness under this law in England where the Companies are very much bigger.

Sir Henry Pollock asked if there was any reason why the old pro- cedure should be dropped and the fourteen days adopted,"

the

I then returned to the Sailor's

Home in the same taxi and retired for the night.

In answer to Mr. d'Almada, wit- ness went on to say that he did not set foot on the premises of the Peninsula Hotel on that night, and (emphatically denied the charge of assaulting Mrs. Watts, and then running sway.

Next Night.

immediately following the Annual Meeting. Without knowledge of the enormous amount of detail work involved when a new issue of shares

The Unknown Reason. synchronises with the payment of

The Attorney General replied a dividend, it is not easy to realise that he did not know the reason the great difficulty experienced in why the fourteen days was complying with all the requirements period selected. He pointed out, however, that the bill would not

Continuing his evidence, witness of the Companies Ordinance income into force until next July.

Baid on the next night, (October connection with the filing of Re-

The Hon. Mr. Paterson thought 7) I arrived at the Kowloon Hotel turns of Allotments as well as An- the inclusion of the clause

at about 7 o'clock, when I in vexatious.

mat Mr. Marr, and I remained nual Returns to Shareholders.

The Attorney General: They there, until about & past 0. I then suggest that section 44, sub-section must have had some good reason left Mr. Marr and went to the (3) be so amended as to be made for it.

Majestic Theatre. I told Mr. Marr The Hon. Mr. Shenton thought I would return to the Kowloon applicable to Allotments of shares issued upon an increase of capital of a company, but that a return of

I

WI

my room last night, I can tell by the clothes he is wearing."

Taken to Police Station.. When Detective-Sergeant Johnson came in, he asked me who I was, and I told him I was a naval rat- ing.

He then took me to the Water Police station, where I was charged with the assault of the previous night. A recond charge of loitering was also preferred placed in a cell until the arrival of against me. I was searched, then the Naval escort.

Cross-examinad.

witness said he did not remember Cross-examined by Mr. Evaria, the pictures he saw, either at the Star or Majestic Theatres. Ques- tioned further, defendant said he would be unable to call Mr. Mart as witness, as he was on the high seas in the "Helikon."

Mr. Evans: When you left this Kowloon Hotel, were you complete- ly sober 1-Absolutely.

What is your pay 7-4/3d. a day. I pick up about 90 to 100 dollars a

month,

Witness then went on to say that he was "absolutely positive he did not go to the room of Mrs. Watte on the night in question,"

Mr. Evans: Were you wearing the same clothes on the 26th as you were on the 27th 1-Yes, with the exception of the collar, shirt and tie They were not of the same colour.

Mr. d'Almada suggested that the case might be adjourned until the return of Mr. Marr but the Magis- trate ruled that Marr's evidence would be of no material assistance to the case.

Accused Convicted..

After Mr. d'Almada's final sub-

and all of them being noted in the auch Allotments shall be forwarder differed from those in England so I walked over to the Peninsula mission on behalf of the defendant. "Table of Correspondence." The to the Registrar within six weeks Colonial Secretary seconded and of date of allotment with a penalty, the Dit passed its first reading.

say a default fine for failure to The Attorney General then moved forward the return of allotments as the first reading of "A Bill to con- in the case of Annual Returas of solidate and amend the law relating shareholders, etc, covered by section

that Secretaries of Companies Hotel after the performance. would be put to ♣ good deal of j When I returned from the pic trouble if the local requirements tures Mr. Marr had left the lounge, The books which they followed would be quite out of keeping with Hotel. I sat down in the lounge the Magistrate said:

and ordered two drinks, but before “I am satisfied the defendant in the Ordinances of the Colony!

Hon. Mr. Brags: I am sorry to finishing the second one I felt the men who assaulted Mrs. Watts, rather siok zo went into the and must convict him accordingly." contradict Mr. Shenton, but I have

The accused was sentenced been advised by cartam secretaries lavatory. I felt that I wanted to before I came into this room, and get some fresh air so walked up alsted. the amendments I have suggested

to Prisons." He said "This also

100,"

With regard to the penalty My

ate entirely with their approval. -fr-Shenton pointed out that the bill were as follows bill had had the approval of all

Colony.

signment or other

23

18 a consolidating Bill and such Brage said: "The find not excced. the Chartered Accountants in the Section 157: Substitute "Lorty-five" Section 350 (subscation, 4): Insert

amendments as are made in it are explained both in the "Objects and Reasons and in the table of cor- respondence.

Company Law.

ing 500 for every day during the poriod of the default in filing Return of Allotments appears to be excessive. Sometimes an allot ment may cover a few shares only, A Bill to consolidato and amend and sometimes it may cover many the law relating to Companies" thousands of shares. In the latter The Colonial Secretary secondod. case, it may not always be easy to The Attorney General I propose complete the-Return within the -at-this-stage-that-the-Chungil-go] atipulated timu "

into Committee to consider this Mr. Braga proposed the substitu- Bill clause by clauso. In this Bill tion of eight weeks to the six wocks in addition to the Title and Enact-contained in the bill, ing Clauses, there are two intro The Attorney General, pointed out ductory sections, followed by fifteen that the fine was exactly the same parts and ton schedules. It will as it was in the English, Act, but take a considerable time to read the local Ordinance had been more the marginal notes, of all the 357 generous in the matter of time in sectious and if no member objects that it allowed six weeks instead I will move the suspension of so of the one month allowed by the much of Standing Order $7.as re- English Act. He was not prepar quires the Bill to be considered by ed to alter the penalty clause

for "Forty-four."

Mr. Braga replied that the mat Section 248: (Last line) Last part tor was entirely a question of the

deleted, from the secretarial work involved and not a question for Chartered account- ante.

Mr. Paterson said that be, aup- ported Mr. Braga.

САКО

rulda."

general

the worda "Hong Kong or "... before

Shanghai.

worda and in the Section 302 (subsection 3): After the words Shall be paid, add the words. "in Hong Kong cur rency." Table-D-At the end-of-fiftir

seventh line after the wordsDirsetor or -officers of the Com

the pany" inert words

The amendment was then put to Section 977 (sub-section 7). In the the meeting and adopted. It read as follows:-"Every company hav ing--adare capital shall once at least in every year make a return containing a list of all persons who on the date of the first or only or dinary general meeting in the year, are members of the company, and of all persons who have consed to be members since the date of the Iset return, or in the case of the Erst Section 313. (Subsection 1 (C) (1): [ was adjourned. return, of the incoporation of the

Dalete If the cam-I The Council was adjourned arne company."

Other amendments made to this

(Continued on nest column,):

or if there is no director or officer of the Company"

paragraph on page 162 substitute "two hundred dollars för "-twenty pounds.” --- The third reading of the Bill

раву

is dissolved or die "A finance committee meeting' hus and substitute will be held on Wednesday at 12.30 "If a creditor-by, as-p.m

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