Sessional_Paper_1898 — Page 606

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Goon disposes of his interest for $6,000, $200 of this amount to be paid as soon as the licence is granted, and Mr. and Mrs. Hock Goon are to remain on the premises until the balance of $5,800 is paid up. The smallness of the amount to be paid over at once shows that the sale is not a bona fide one, and that Hock Goon and his wife would remain permanently on the premises and carry on the business, which would be decidedly objectionable."

Mr. Master-I should like the Police report to be in some way proved-that this Mr. Schwalm is a man of straw.

Mr. Wodehouse-- Let us have the man in.

The applicant was admitted into the room.

Mr. Master handed the Magistrate a copy of the following agreement:-"Mr. and Mrs. Hock Goon have sold on the 9th December, 1897, their hotel, situated at Nos. 240, 242 and 244 Queen's Road Central, in Victoria, Hongkong, to Mr. G. H. Schwalm, for the sum of $6,000. A deposit of $200 is paid down by Mr. Schwalm. As soon as the licence is granted to Mr. Schwalm he has to pay $5,800 to Mr. and Mrs. Hock Goon, and as soon as this sum is paid Mr. and Mrs. Hock Goon have to leave the house. (Signed) Mrs. Hock Goon and Hock Goon."

Mr. Arthur-I may say there were two applications for this same house, the sureties in which were the same as the old sureties of Hock Goon-two Chinese: one at 62 Jervois Street and the other at 33 Circular Pathway. Some little correspondence tock place as to which applicant they intended to take, and they finally decided upon the applicant who offered the best terms to them.

Mr. Wodehouse (to applicant)--Is it part of your agreement that Mr. and Mrs. Hock Goon remain in the hotel until the money is paid?

Applicant Until this afternoon, whenever I am granted the licence. They will leave as soon as possible after the granting of the licence. They remain until the money has been paid.

Mr. Bain-What money? The $200 or $5,800 P

Mr. Master-$200 has been paid.

Mr. Wodehouse said the agreement read as if the $200 was to be paid as soon as the licence was granted.

Mr. Master-If the Police report is founded on fact, I can quite understand the Justices refusing the application, but I would ask leave to adjouru the application in order to see my client,-who only came to see me about an hour aud a-half ago-and be able to show that this report is not founded on fact. My client is not going to pay money and then have his licence refused. He had to pay the money for the benefit of the lease that is still running. imagine Mr. and Mrs. Hock Goon have a lease of the premises. Mr. Schwalm has to see that he gets consent of his landlord, because probably in the lease there is a clause that there will be no transfer of the lease without consent of the landlord. Another thing he will have to see about before handing over the money would be that he gets the furniture. I submit that report by Mr. Howe is nothing unless founded on something. It is a very damaging report if founded on fact. It is as much as to say that Mr. and Mrs. Hock Goon are to take the benefit of the hotel, and somebody else's name is going to be put up. If that be the case, I myself shall have nothing to do with it. I am instructed by Mr. Schwalm that it is a bona fide purchase, and I think it would be better if your Worships will postpone the consideration of this application for a week, in order that I may consult with Mr. Schwalm, and be in a position to show that the money is actually in my possession, and that I am holding it until the completion of the transfer. Perhaps your Worships will signify whether or not you would grant the application, provided this sale was a bonó. fide one.

The Justices then considered in private whether they would adjourn consideration of the applic- ation, and it was decided to postpone the hearing until Friday week.

Friday, 7th January, 1898.

THE GRAND HOTEL LICENCE.

D.

A meeting of the Justices of the Peace was held to-day in the Justices' Room, at the Magistracy. Mr. H. E. Wodehouse, Police Magistrate, presided. The Justices present were :-Rev. R. F. Cobbold, Dr. Clark, Messrs. G. Murray Bain, D. R. Crawford, C. S. Sharp, Granville Sharp, Harry Wicking, Captain Superintendent May and W. M. B. Arthur.