1933-09-01 — Page 7

FURTHER PUBLIC WORKS

Colony's Finance In Healthy State

YESTERDAY'S ANNOUNCE. MENT IN COUNCIL

YUNNANFU NOTES

Popularity As A Summer Resort

(From Our Own Correspondenti

Yunnanfu, Aug. 15. Yunnanfu has had its usual That the funds of the Colony quoth of vacationers this summer. are in a sufficently healthy state To the French Community in In- to enable Government to under-do-China It is the most satisfac- take additional urgent works re- tory and pleasant resort that "can commended by the Hon. Director be easily reached from Tonking. of Public Works to the extent of The reputation is however spread $631,658, was revealed by the Hon. ing from year to year. Visitors Mr. M. J. Breen, Acting-Colonial from most of the Chinese ports Treasurer, at a meeting of the having been here this summer. Legislative Council, held yester- From Hong Kong Misses Hutchin- day,

son, Wood, Burt, and Buckwell bave spent some weeks here. Miss Gitroy of Lingnam" University, Canton has also been a visitor. Distant only five days from H E. the General Officer Com- raending the Troops, (Major-Gen-Hong Kong. It is hard to find so eral O. C. Borrett, C.B., C.M.G. available as pleasant a climate to pass the hot summer months. No C.B.E., D.S.O.). ·

excessive heat is encountered. The humidity is low and nights are cool. Two blankets at least are required for comfort even in the warmest months..

There were present:-

H. E. The Governor, Bir William Peel, KCMG., KBE

The Hon; the Colonial Secre- tary, Mr. D. W. Tratman, C.M.G), the Attorney General, Mr. C. G. Alabaster, K.C. OBE.), the Secre- tary for Chinese Affairs, (Mr. A. E. Wood), the Colonial Treasurer; (Mr. M. J. Breen), Mr. E. D. C. Wolfe, C.M.G.. (Inspector General

New YMCA. Building

J1

The laying of the corner-stone of Police), Dr. A. R. Wellington of the Yunnanfu YM.CA. building (Director of Medical and Sanitary by Chairman Lung of the Provin- Service), Commander J. B. Ne- cial Government yesterday was a The foreign will. DS.O., R.N. (Retired), (Har-well-attended event.

including consular bour Master), Mr. A. G. W. Tickle, communities,

Chinese Director of Public Works); Sir representatives, and the Henry Pollock, KL, K.C., Mr. Gor generally turned out to witness There have been the ceremony, don Stewart Mackie, Mr. R. H.

few such ceremonies in Yunnanfu, Kotewall, C.MG LLD., Mr. Tso Mr. B. L. Fond is the engineer in Seen-wan. O.B.E., LL.D., Mr. Chau fsun-nin, Mr. Paul Lauder and charge of construction and Mr.

Por G. Lee is the architect. Mr. A.W.G.H. Grantham, (Deputy Lee is the architect. also, of the Clerk of Councils).

magnificent Sun Memorial Hall in Canton.

High Prices

Mr.

The Hon. Colonial Treasurer proposed "that this Council ap- proves the recommendations made by the Director of public Works This summer's prices for necça- and laid before Council and re-sities, which fluctuate "with the solves that a sum of $631,658, dis-price of rice, have been unusually tributed as follows:

high. Local bodies have helped relieve some of the strain by sel- under-cost (p'ing tiao) prices. The prospects for a better crop this year are good if

Head 32 Public Works

Department

Head 33 Public Works

Recurrent

Head 34 Public Works

Extraordinary

HONG KONG DAILY PRESS, FRIDAY, SEPTEMBER 1, 1933.

APPEAL BY MESSRS. GILMAN

Successful Application

To Full Court

THE SUN TAXI-CAB COPS

AFFAIRS

A successful application for leave to appeal against a decision of Mr. Justice Lindsell was made on be half of Messrs. Gilman and Com- K.C., to the Full Court, consisting any yesterday by Mr. F. G. Jenkin, of Mr. Justice Wood and Mr. Jus- tice Lindsell." Mr. Jenkin was in- structed by Messrs. Hastings and Company.

J

It will be recalled that recently a judgment for a claim of 8900 was awarded to Luk Hip Kee against Messrs. Gilman and Co... The amount represented a deposit by the claimant with the Sun Taxi- Messrs. Gilman's cab Company. denied that there was any transfer of the business within the mean- ing of the Ordinance under which the claim was made.

Mr. Jenkin said:-This case in- volves a very important matter from commercial point of view and if leave to appeal is given everything will turn on the ques- tion of whether or not defendants can be made lable under the Fraudulent Transfer of Business Ordinance. If they are not within that Ordinance then there can be no question at all of their non- Before I refer to the liability. judgment of the learned Judge, I would refer Your Lordships to the Ordinance.

It will be within your recollec-

person as a transferee of a busi- tion now, having seen it, that if a ness or any portion of a business, has not given the requisite notice in the Government Gazette, he is liable for all the liabilities of the transferor.

Damage To St. John's

Cathedral Roof

DEVASTATION BY ARMY OF WHITE

יייי

ANTS

APPEAL FOR RESTORA- TION FUND

The keenly awaited report of the architect (Mr. S. D. Igglesden of Messrs Leigh and Orange) on the condition of St. John's Cathedral roof reveals that the damage sus- tained to the woodwork is very serious indeed and will cost about 35,000 to repair. The damage was discovered following the heavy rainstorms in July when the Cathe dral's architects were asked to examine the roof owing to a number of leaks during the wet weather.

Members of the Church of England are very earnestly requested by the Cathedral Council to support the fund that is being opened to meet this unexpected expense. The Cathedral finances have caused great anxiety in the past and while the position had been improved by rigid economy including a reduction in the clergy staff, this unforseen liability will place the Cathedral in a very difficult position, unless generous support is forthcoming.

Mr. A. Brearley, of the Chartered Bank is acting as Treasurer of the St. John's Cathedral Restoration Fund, and cheques made out to the Fund should be forwarded to him.

THE ARCHITECT'S REPORT

Mr. Igglesden's report on the search for the white ants at the Cathedral, and the measures taken to combat the danger is 23 fol- lowE:---

lar to the noise of a cicada only} very 'pianissimo "

A type of honey comb or sponge like structure was found in two or In- three places which might be

nest houses or The presence of live white ants terpreted Implications of the Decision. in the Cathedral was discovered colonies that had connections with If the judgment stands it will some time last month during the their headquarters but were self- mean, on an examination of the inspection for leaks which appear-supporting. An interesting theory is that they are store houses for facts, that a person who under aed following the heavy rains.

food which is taken from here to "Hire Purchase Agreement lets out goods and re-takes them under the

supply the young, the soldier anta Agreement, may be held liable as

and the queen, none of which is a transferee for all the Habilities

able to forage for itself. the 60,000.00 no unexpected weather conditions of the person who, under

upset the people's hopes. Good Agreement, is the hirer.

I am prepared to accept most rains interspersed with sunshiny days have promised a good har-loyally the facts set out in the

judgment. vest.

1

$ 61,740.00 Ling rice at

602,918.00

$331,658.00 be charged, upon the Revenue and other funds of the Colony in ad- dition to the sums already provid-. ed in the Estimates for 1933 for the purpose of carrying out these recommendations.”

4

on

The tracks of these pests were first found over the Clergy vestry, where close to some discoloured plaster a line similar to an elec- tric cable was seen over a roof beam.

Soldier Ants In A Tunnel No nest was found in the Cathe- dral roof and so attention_was turned to the Compound. Three trees were found to have live white ants in them. The method to dis- cover if any of these connected to the Cathedral was to dig a trans- verse trench between. This trench was then left for a day. The next day in three or four places new tracks were seen in the cutting. or attempting to establish contact either covering up the apertures

again.

On close investigation this was found to be a white ant track-a Httle tunnel formed of the materi- Messrs. Gilman and to let out al upon which the ant is working. Wider Streets: New Buildings

a dozen motor cars under a Hire black if in black soll, light red- Purchase Agreement to the Sun brown if in lime mortar, in this Under that case a darker brown being com- Most of the shops and buildings Taxi Cab Company. on San Shih Street (leading out Agreement the cars remained, the posed of little particles of chewed property of Messrs. up hard wood. A Hasty search was

and from the South Gate) and "Can-absolute.

further Gilman's and they would resume immediately made In doing so, he said:

tonese" street have been set back "Honourable Members will recol- and the widened streets are al-possession if the hirers fell into tracks could be discerned on the more adequate to handle arrears They did fall into arrears roof timbers over the chancel and lect that the Honourable Colonial ready

and accordingly Messrs. Gilman's the North Transept.

As the insects are the when presenting the the traffic. The appearance of the Secretary

put an end to the Agreement. A The Inspection of the roof from 1933 Budget emphasised the im-buildings, now well lined up and meeting took place between repre- the outside showed normal condi- enemy or rather the food of all portance of keeping a sum of $10,- newly finished is a refreshing con-

tions except that in one place the other ants and birds, also as they 000,000 in Surplus Balances and trast to the old street fronts.

roll tiles or the circular high cannot live long in the sunlight, explained that the Public Works

ridges had definitely slid a frac- they have to construct their tun- programme was definitely restrict-

tion of an inch over the pan tiles nels in self-protection.

This indicated

In one place at the entrance of or concave ones. ed so that this figure be maintain-

some form of settlement under-e tunnel about nine inches below. ed. The proposals he submitted would involve a reduction of the

neath and was the first definite the ground level, and on the near side towards the tree were four "Surplus from $11,812,803, which he

or five soldier ants, all facing out- wards. estimated would be the opening figure of the year, to $10,816,131 at its close. It turned out, however, that 1933 opened with $12,847,062 or $1,034,258 better than was anti- cipated, and as the financial posi- tion during the current year has remained reasonably favourable there is available for further ex-

..!!

"Dr. Taylor's Visit Dr. and Mrs. Taylor of the China Inland Mission are spend ing several months in Yunnanfu. Dr. Taylor is a son of the founder A large group of of the Mission. new workers accompanied them They have since into Yunnan. scattered to various stations throughout the province.

t

numbers.

די.

sentatives of the companies January 24 and it was then decid- ed that the best way of meeting the position would be for Messrs. Gilman's to sell the cars and, out of the proceeds, pay not only what was owing to them but also the creditors of the Cab Company and

then to hand over the balance to members of the latter firm;"

Defendants." Carry "On.” On the face of it this does not look like a fraudulent transfer and it "was evidently not held to be such.

reason for a closer inspection.

Serious Damage.

The blind creatures, for no wing- For this purpose a bamboo tower was constructed and pulled up into less white ants can see, armoured position under the affected parts. only over their massive heads were From this the suspected timbers waving their mandibles and an- could be tested, and it was found tennae in the air to prevent any that some of the brackets and marauders or enemies from ap- It followed that pending the sale purlins were dangerously damag-proaching. of the cars the defendants should ed, so without more ado permis.

The Next Found.

and for this purpose it was ar-whole of the roof.

penditure during the year this I am afraid I do not know the carry on the running of the cars sion was obtained to inspect the This was an indication that sum of $1,034,259. The Supple- mentary Estimates now submitted amount to $631,658 which allows a substantial margin for eventuali ties.

H. E. the Governor: In connec-ranged that the licences should be The cobweb like bamboo stric- tion with the approach it was de- transferred to Messrs. Gilman's ture that now covers the internal cide to seek some place where the and the privilege of occupying root is of course to permat access spoils might be placed and it was stands in certain streets by per- to every piece of timber in the The object of this resolution is proposed to place it at Kun To mould be transferred to Messrs. position of the shear or slide in mission of the police department Cathedral Directly under the order to to place further funds at the dis- beyond Kal Tack. In posal of the Public Works Depart-carry on the dredging it has been Gilman's,

the tiles, was found a badly dam- At the date of judgment the cars aged batten. These battens would ment during the current year for found necessary to carry out some

had not been sold but Messrs. at home be called common rafters, the purpose of undertaking the work there to create an area

Gilman had paid off some of the but as they in this case directly additional urgent" works recom- necessary to receive deposits.

creditors during their period of support the tiles they are literally mended by the Honourable Dire÷- The Hon. Mr. Paterson: No. 6 running the cars. That is very im-tile battens. tor of Public Works and enumer│wharf, as a matter of fact, is the portant to the question of whether ated in the list before Honourable whart at which passengers ordin-there was fraud or not. That was Members. The propsILIS were artly arrive. It is the one nearest laid unofficially before the Finance the South. Committee of this Council in April

H. E, the Governor: This is the last approved by them and have how been sanctioned by the Secre-new one at the North end. tary of State."

Hon. Mr. C. Gordon Mackie: I The Colonial Secretary seconded notice one item for widening MB The Hon. Bir Henry Pollock: 1gazine Gap Road. May I ask when should like to ask where the Up- this will be completed? per Levels Police Station is to be

all that took place on that, date., "Transference Under the

Ordinance?

The question had been raised as

Major Repairs Needed.

there was something precious to guard, consequently the first at- tack was to follow up this channel and the trench, led to the foot of the tree. Here right amongst the tot open and the little mud bul- roots the nest was found. It was

warks erected by them daily were' dally cleared away in the hope that the difference in temperature and exposure would exterminate them. After which the nest was flooded with termite polson. The Queen Ant was not discovered.

con-

The other tracks from the ori- The inspection showed that three principal: trusses would have to ginal trench were found to lead have major repairs, many of the to curious "pale green balls about brackets supporting the ends of Ave inches across, the colouring to whether or riot it was a transfer the tle beams, over a dozen pur- was mould which had developed

lins or horizontal beams directly after the disturbance and within the meaning of the Ordin-supporting the battens, and more sequent similar structures found ance. It was argued before the than 30 battens, were suddently on the initial disturbance of a Pulsne Judge who held though damaged to need renewing. Innest were of, a clean brown colour. he confessed that H. E. the Governor: It is pro- some doubt that there

held it with many places the ants have passed The substance of these is like and in item 34, I should also like posed to put in a sum of money in

right over one piece of wood to thick crumbly paper and honey- transfer. I think you will agree attack another more succulent combed just like a sponge. They to have some further information next year's estimate in the hope with me that if the Pulsne Judge tec

contain the young which are very about the construction of a rubble that it will be completed next still holds the doubt he held then,

white and almost transluscent. A mound at Run Tong, fifst setcion. year.

on veritable nursery.

was #

It is still arguable..

On two distinct occasions, Clearly the licences were of no

being disturbed, a definite alarmı

For a week following this, prac- use to the Taxi Company without signal was heard, the sound of

being tically no fresh signs were seen. passed the. cabs and these

latter were hundreds of mandibles" their property.

They could not clamped together, somewhat simi-This was worrying for it

known that other nests existed. Betting be assets. The permits to oc- cupy a portion of a public street

Bills Passed The Hon. Director of Public Works: The Upper Level Police

The following bills Station is on the site of the old throug their final stages: Police Training School in Caine

"A Bill to amend the Road. With regard to the rubble mound at Kun Hong, certain pro-Duty Ordinance, 1931." posals are being submitted to the Government very shortly and it they are approved, work will be put in hand in the near future.

H. E. the Governor: This is in connection with the dredging in the Harbour which has been men- tioned before at a finance meet- Ing, to enable approaches to No. 5 Wharf on the other alde. That is the new wharf, I believed,

"A Bill to provide for the in- corporation of the Procurator in Hongkong of the Pontifical For- eign "Missions Institute."

The Hon. Mr. Paterson: The new wharf really has no number.

(Continued on next column)

Financial Committee

fi

was

Then one morning a new run

several yards long was found in

was of no use to them without the himself cleared the defendants of the garden immediately outside by permission of the police, and ment of January 24 was attended side of the path new tracks still cars and could only be obtained any suggestion that this arrange the Choir vestry, and on the other Mesars Gilman's could have got by any fraud of any kind or deg-being brit were seen on a young them themselves. It is impossible cription.

tree. The same procédure of to hold that this was a transfer

Chief Justice" The words "in trench digging here exposed a very of a portion of a trade or occupa tended to defraud do not appear deep hole more than an inch tion.

# In the Ordinance.

diameter, running almost vertical- A point which interests me much.

Mr. Jenkin said he would quote | ly downwards, authorities to show that this was

At a meeting of the Finance Committee which followed the more than that one is the point

As the Fah-wong" had given Legislative Council meeting, over as to whether or not this is the the meaning of the Ordinance.information that an old free now which the Hon. Colonial Secretary transfer of a business which comes Mr. Jenking The title of the demolished had been very close to presided, items totalling – $65,900 within the Ordinance, F

Ordinance was not explicit and here, the hole was probably un were approved particulars of I argue that it cannot for this was at least open to doubt.

eaten out root. The hole was which had been published in our reason. The learned Judge has The application was granted, no

(Continued on Page 12.) (Continued at foot of next column, date being fixed for the hearing.

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