1939-06-28 — Page 10

PAGE 10-HONGKONG DAILY PRESS

GENERAL

CHOA BANKRUPTCY CASE APPLICATION

Continued from, Page 7 tures? In 1935, he told me that he was also doing brokerage busl- ness and gave me his' telephone number in Talping Building.

Did he give you the name of into court and imputes the business7--No.

and conspiracy."

At all times you were not aware

ever

VAGUE AND VACILLATING Mr. Andrewes said he was pre-invited his Lordship, which pared to express attain his way he decided to make some Mr Bilva characterised the sp

observations so as to discourage plication as vague and vacillating. apologies as to the allegations.

such vague proceedings.

The allegations of dishonesty - NO FRAUDULENT CONCERT

Every relevant fact in the against the debtor, is mentioned "My complaint" said Mr. Lo, "is that my

friend had read. my application was known to the in the report, resolved Into two client's affidavit and still comes Omein Receiver two years ago, alternative allegations. A

Debtor had admitted he was concert continued Mr. Lo, but he had

walted all this time to bring the away front the Colony waiting for Mr. Lo said that if no alless-application: The Official Receiver his relations and friends to

were range the bankruptcy. Mr. Silve made had ld that the facts concert waLS 'FLOW against any of his clients he would scattered, fraud was alleged and submitted that could not be re-

the post of Official Receiver had garded as a dishonest act. changed hands, but these facts did not entitle him to make an application two years late.

of the name of the business, only tion of the telephone number?-Yes.

Mr. Andrewes said it was un- intentional.

I suggest that you were per-be satisfied.

His Lordship: No fraudulent fectly aware that he was no longer compradore of the bank-I beg concert is alleged. your pardon Mr. Choa, said that apart from his duties at the bank he was also doing brokerage.

Didn't he say was interested in the-Ming Hing and Kwan Yuen Banks? No he didn't tell me

Mr. Lo cited many

authorities

SECOND OPENING ̧---

Mr. Lo then said that, in with- In support of his contention that drawing grounds set out originally the Oficial Receiver had no au when the application was brought, thority to bring the application, the Ccial Receiver was in effect. Before you Issured the writ, you that if he nad the statutory re-making a second opening. Instructed Messra O K Hall quirements and not been satisfied

"I ask your Lordship to say, he Brutton and Co. to write a letter and, also, that the application cannot do this, said Mr. Lo. of demand, did you not?-Yes.

NO KNOWLEDGE

was not known to me,

had been brought too late.

"He never applied for leave to amend the application."

had

ST-

As to his representing himself to be compradors. Mr. Silva sald there was Miss Morrison's words against debtor's

His Lordship: For the present, have nothing more than Misa Morrison's words,

Referring to an advertisement inserted by the Official Receiver the "Government Gazette at stated clearly the time of the bankruptcy, Mr. Silva said it was that all proofs of debt would be

xcluded by a certain date.

and Tang

POSITION NOT ALTERED

The debtor said Mr. Lo, an ap- And that letter was written to

Never in England was

LATE PROOFS ADMITTED tantamount Choa, care of the Kwan Yaen plication to annul an adjudication not committed fraud, nor was his to fraud

Yet two late proofs, in respect Bank?-I have no knowledge of order made by the Official Re-conduct that. If Mr. Brutton did that, it celver, said Mr. Lo. In Hongkong. All the evidence brought was of the Kwan estate

had said he was com-Shiu-kin, were admitted by the there was the new 15 per cent.that he Í auggest you bist appoached rule, but Mr. Lo said in his opinion pradore of the bank whereas he Omcial Receiver without consult Otios and asked him to get you the fundamental position was not was stated to have resigned from jing any of the other creditors or the position. There was not the debtor. That naturally would effect of reducing the a better Investment, as your bonds altered.

scrap of evidence to show irre have the gave you no returns. That's not

gularity in respect of any of the percentage of the dividend, sald

mentioned true.

nor Mr. Silva. dishonesty on the part of the

བ་

Assuming that the Official Receiver could apply, he could do Your arrangement with the so only if he himself found the conduct during the debtor was that at any time you debtor's wanted the money back you were examination and his affairs such to give him three months' notice? as would entitle him to bring the

three

debtor..

creditors

in

"I respectfully submit." said Mr. Silva, "that the application is a

one. The manner "My friend has wholly miscon- vexatious

as Oficial which it has been made, and that I gave him more than that, in application. Insofar as his report calved his position January 1938 and again in March. showed anything else, it was not Receiver. The application should it is actually the application of never have been brought as the one creditor under the cicak of not sub the Oficial Receiver, is an abuse court and I put it to you that the offer valld.

Mr. Lo further submitted that Oficial Receiver has made, to you after you obtained

not stantlated his facts, and I ask of the process of the judgment was $5000 cash and the the Official Receiver had

to the

statutory your Lordship to dismiss the apshould be dismissed."

.At this stage, the hearing was concluded forthwith." whole balance. not $10,000, by conformed

was plication The application

adjourned to July 12 at 10 a.m. Mr. grounds. instalments.That's not so. Brutton told me $5000 down and vague in the extreme, and Mr. Le Mr. Lo. $10,000 by Instalmenta

The Instalments offered were $250 to $300 a month as well as a $1000 every six months, Isn't that so?---Never.

•

:.

SEARCH MADE Cross-examined by Mr. Wynter- Blyth, Miss Morrison said sha made a search at the Land Office regarding the house in Broadwood Road where debtor lived.

Mr. Wynter-Blyth: Wasn't 1; your object, in seeing Fr. Noval, to Increase the mortgage which you believed there was on the pro- perty? I went to. Fr. Novel be- cause I thought he might have some influence with debtor cause he was a Catholic.

Secure Your Seats

EARLY!

OPENING TOMORROW

6 p.m

AT THE

9.15 p.m.

be-

I put it to you he did not men- tion anything about a mortgage.— He did say he held a mortgage. but "he didn't say on what property.

Didn't you: mquire what pro- perty the mortgage was. on?—No.

You were trying to obtain payment trom Choa, and would it not be natural for you to find out what the mortgage was?-I did tell Mr. Brutton about the house, but Mr. Brutton said it belonged to the Malon, Mr. Brutton had former-

ly owned the property.

I

1

·NO MENTION..":

I put it to you no property other than the Broadwood Road

·Property was mentioned at the Interview. There was no mention of any property in connection with the mortgage.

Mt. Prior asked witiess if it was! her intention to Issue execution

.was if the axijudication order annulled. Miss Morrisim replied that he would use every-possibla means to get her mumey back.

In answer to Mr. Andrewes, Miss Morrison said she would not have entrusted Choa with $30,000 if she did not think he was.com- pradore of the bank.

The Official Receiver said that was all the, evidence the proposed to can to support the application.

IMPORTANT CASE Addressing the Court, Mr. Lo aald that the case was an im- hoped to portant one, and he satisfy his Lordship in due course that the application raised fundamental questions of bank- ruptcy law.

The whole of the Omcial Receiver's report alleged, trandu- lent conspiracy, he said.

Mr. Lo commented on the with drawal of the fraud ailegations and read extracts, from an afidavit made by Mr. Tang Shin- kin denying any concert with the debtor and which in fact, eri plained that in the original proof: of debt his cllent walved the in terest on the loan, but ister, u derstanding that there was money to come from the Etralls Settle- menta, put in proof for $12.300 in terest

Though the amdavit had been filled ten days before the applica tion was made, the

calver had act

statement of

brought the applicat

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