1931-08-11 — Page 7

SZE YAP COMPANY] ISSUES.

QUESTION OF NOTICE

OF MEETING.

FULL COURT RESERVES AN IMPORTANT POINT.

TO-DAY'S HEARING.

Whether Mr., Justice Wood was wrong in not permitting Mr.) Jenkin lo address him on the) point that respondentist had not sent notice of meeting to all shareholders in the Sze Yap S.8. Co. Ltd., was a matter reserved by the three Judges sitting in the Full Court of Appeal thin morning, when the appeal case, commenced yesterday, was con- tinued. It was #sted that the point in question was an essen- tial part of respondents' case.

This is an action brought by the Company against certain Biree- Jora fur AD

injunction against them to prevent them from inter-s fering with the flotes of the com

PRA

Waves glanfly, Mr.

Justin

THE

HONGKONG TELEGRAPH, TUESDAY, AUGUST 11, 1931.

FLOOD SCENE IN HANKOW STREET.

Nothing could better indicate the ordeal through which residents of Hankow are passing, as a vo Balt of unprecedented floods, than the above photograph. The whole of the city was knon-desp in swirling water, and sampans were the most convenient means of conveyance, at the time this photo. graph was taken in Ping Ho Road, Japanese Concession, where traffic was directed by policemen standing on packing cases.

fice] ADOPTED DAUGHTER

AND MUL-TSAL

rtion, and

the injunct

The Director's are now appealing.

Mr. P. C. Jenkin, together with Mr. Léo PPAlmada, jor, are for geflante defendants, while Mr ING. Sheldon is for respondent plastiffs.

Minute Book».'

Mr. Jenkin add there WHEN maller he would like to put right which are out of a questing by the President Vesterine conern ing the minute looks. The minute book he had yesterday, he ex plained, was not the minate how of the company, and as far as he could ascertain, the minutes 4. neither Li's nor Ng's meeting were in

thr

official minute look of the GUST|1J15.

Mr. Lindsell: Then this minute book is a sort of private book of Mr. Li Yu-tong.

In reply to Sir Joseph Kemp,

NO

DIFFERENCE IN

STATUS.

MOTOR CHASE AT FIRST FLIGHT THRILLS.

WEST POINT.

Contioned from Page 64

turn" came AL volee, "Blick and rudder

HOW OFFENDER WAS RUN "Try a fost

TO EARTH.

TRAFFIC SUMMONSES, my held and

Bang-rotes

driving

Declaring that there WILM difference betweep

adopted laughter and

-ts, Subs Howetor Frog of the Secretariat for Chinese Affairs, this morning brought a charge of having hat bored a muistan against Mok 105, | amongst a large lasteh of before Mr. Williams at the Central ventions heard by Mr. Magistracy. He did not press for, at the Central Palige a petere penalty and a line 810 morning. was interesed.

I did. Kowloon Tong and its vicinity shot up somewhere over the ground 11241 įdirectly un my side. Feverishly 11 heaved the stick over the other figured way, whereupon Kowloon Tong motor pro- shất to earth uml. I obtained

Williams very pretty view of Victoria which Court this was, somehow in the wrong place, "Easy, isn't it," remarked Al-

1.

A lorry driver who did not take bert emplacently, Sub-Insper for Fraser and thethe precaution of slow fint down I did not reply but did the only

15-miles-an-hour speed thing possible. 1 arnin rlast woman was arrested in the roar, front of a raid at 312 even Road Con which he maintained in cressing in my eyes, let everything go an

Sheo Lockhart Road from Brien waited for the crash, hoping, with val, where the girl was found. ruppen Per

by die wat treated, and, Road, Wanchai, was fined $20 after fiendish satisfaction, that Albert when questioned, the defendant 4 statement was made by Trafic would not be spared. I Was

anmazed when nothing of said she was under the impression Sergeant Baker,

violent Counsel replied that that was not

thust as the girl 3444 adopted Appearing on a summons against nature happened, the eng

engine con- exactly correct, but it was not a daughter, there As a geed for a public-car driver for parking on timing to roll out its merry soDE

T bunk,

original registration.

An interpreter from a private stand and for subsequent of power and there being only a company minutes were made on a sheet of the S. . A. explained to her that dangerous driving, Traffic Sergeant faint whistling of the wind.

The girl J. Brown told the Magistrate of an paper and were copied into the there was no diference,

In some perplexity 1 opened my book later

eyes. found we woman, and he was vertain she had Queen's Rond West, he said, was looked behind and Albert still sut semed very averse to leaving the exciting incident at West Point,

were flying South Liu which gives of straight and level once again. a good home.

Peserved for private and, when with his hands behind his head discovered with his vehicle there, and his feet tucked up. "Quick. the defendant started his engine take control," 1 shouted, and dashed through several blocs haven't got hold of the contrals.

"Neither have 1," retorted Al- with the Sergeant in pursuit. After forning into Queen's Road, he had|bert, with a Intuous smile, didn't driven through Whitty Strre, ill you know that present day nero- Street and French Street before he|planes fly safely hands-off for realised the fatility of shaking off long as you like. It you get out the Sergeant who was on his motor- of control you can simply leave and finally stopped and turn- everything alone and she'll come send level as you off the lights. Throughout the out straight he he maintained a speed of 35 have just demonstrated."

the who asked what bearing "rase the matter had, Mr. Jenkin

said the point was really against him, because it what he had were the proper minutes, they

would have been prima facie evidence! that LP's meeting had been proper-i ly held. He did not now, think that they were of any evidential

valde.

Counsel went on to deal with the question of notice, saying that insufficient or misleading nottee invalidated a resolution. The las was very precise on the point, that proper and perfect malice must he given,

Not Suelent,

GERMAN NATIONAL DAY OBSERVED.

RECEPTION AT NEW CLUB TO-DAY,

The reception at the Deutscher Klub this morning, on the angi- versary of the foundation of the Gesuat Republic, was the first elefal function at the new hent

| miles ah hour.

ears,

Was

1

relief,

זי

of link, in my seat with a gap only to be jerked into sudden activity when the engine suddenly censed its farther

For parking on a private stand, arters of the German commum defendant was fined $5 and for dan ty, and the decision was taken af! Kerous driving he showing visitors through the well muleted in a sum of $10.

id-ant Club premises. The German Consul. Mr. F. Hahn, and Mrs.

reerival

Other Cases.

roar, died

dawn to a whisper and left every- think deadly quiet. felieving After contending

point

that engine failure always lead to aghinst the validity of the notice,

in crash, I again waited for it to that the resolutions were not sel

le another summons. Sergeant happen with closed eyes, but once out for the confirmatory meeting, the guests. Mr. Haha proposed; Brown said the defendant con-again nothing happened antil 1 the kast of the King, while the cerned, driving public ear No. 48.jan roused by the slightest. of counsel went on to print saut that the notices were two days short in Colonial Speretary, Hen, Mr. W was causing an obstruction out-bumps to find that we had safely point of law, as seven days notice. Southern, gaimilarly honoured side a public house in the same landed on Mother Earth, at had to be given, exclusive of the the President of the German vicinity. People were going out were, once again, just outside the date of service and the date of Republie A. II. Caltman, A.D... were scattered by the defendant.

the Kwangehow Hotel and these fubjinase, the meeting.

Capt. 7.

Albert was good enough to un- represented His Excellency the who started up and anexpectedly strap me and carry me into the After arguing that notice by

notice Governor, while others present dashed across the street pro-Clubhouse, where I somewhat de at all, counsel Submitted that meluded Hon. Mr. W. T. Southern,cedure regarded with considerable vived after running up somebody's respondents

not proved Mr. F. W. Hamilton. Hon. Mr. E concern for the people thronging bill.

E

for many drinks. that the notice WAS sent to D. . Wolfe, Inspector General of the roadway. Two men alighting Finally I said, "Albert, why every shareholder, this being Police, Commander Curtis, repre from a car outside. the spine es didn't we crash?

Pasential part of their ensesenting the Commodore, who tablishment had also to dodge the The clerk who prepared them was absent. Sir William Hornell, Mr.¦¦ not asked anything about them in E. W. Carpenter. Sir Joseph Kompj

• advertisement

WAA 2003

lazar

chief and he (emusel) did not feel

it incumbent upon him to cross

examine. There was evidene

that

defendant's vehicle.

A One of $20 was inflicted, on a and Hon. Mr. W. E. L. Shent charge of dangerous driving. in addition to members of the

foreign consular body and pro

a printer printed 2400 notices, minent citizens, but it did at maiter if he

000,000, as it was 30 pr that!

they were sent to every shareholder. Counsel

aled that if their Lord- ships held that Mr. Justice Wood was right, he would not press the point, but all the defence witnesses had stated that they did not receive notices.

Mr. Sheldon pointed out that Ng was not fross-exandined at all on the point by My, denkin, and it was never pot to him that the notices

were never sent out.

Palut Reserved. -

Mr. Jenkin replied he did eross- examine Ng on his bald statenient

that the botices were sent out, and

Was

Mr. Potter's opening address, and the Judge noted it.

BURGLAR SENT TO PRISON.

PLEA THAT HE DID NOT TAKE PART.

We

earth should be asked, "Wel, the engine failed, didn't il p

"He was 29 feet out on the road all intents and purposes, it was dead "Good Lord, no," he laughed. “To way," stated Inspector Alexander

the

in charging a public car driver because I closed the throttle to with obstruction by having had klide in for a landing. his vehlele stationary on the rond- I had the entisfaction of knowing something more way to the inconvenience of other that I had learned tate. The incident wHS

about aeroplanes, that they only stated to have occurred at the junction rash through engine failure when suitable stretch of of Connaught Road West and Des there is no Voeux Road West, opposite

ground suitable for alighting. "In that case,

explained Albert. "You That he was prosent al the Macao Wharf,

make crash landing which can be burglary but that he did not take "As a matter of fact," continued quite easily done with damage to an active part in it, was the excuse Inspector Alexander. he was the machine only. given by a man named Li Fuk, soliciting at the time-although I He then disappeared and return- when he was charged before Mr. have not charged him with that-ed a few minutes later with a sheet Fraser at the Kowloon Magistracy holding the door open and call-of paper which he placed before me. this morning with breaking into ing to people."

¿Continued on Next Colunni.) 109, Tai Nan Street with others Convicted of having caused an

not in custody, and stealing $160. obstruction, defendant. wis the property of Tsol Yan-kong.

Defendant-took

part.

a Worship:-If

you

$15,

the

And

Almost a Collision,

nearly pre-

on

Ser-

Defendant Bald he went into the Summoning the driver of public} A collision WIN Mr. Sheldon explained his point shop with two others, but he did car. No. 800 for disobeying the cipitated by reckless driving was it was never actually put to steal the money. He admitted he signal at the Garden Road junction, the part of a public ear on the Ng that they were not sent out. was present when the safe was Inspector Alexander stated that Inland Road on July 20 last,

Mr. Jenkin said there

noopened and saw the money being coming down Garden Rond, on his according to Sergeant Brown,

motor-cycle, ho, hnd green who summoned the driver. question that he brought fully home stolen. to the other side what they had to If Worship: That is burglary, signal presented to his view when gount Brown said he was heading |៩០ yards away from the post. Itja police patrol on cycles when, prove, as he made it clear during I am afraid.

active was his intention to turn. cast around a no

bend near the Golf Into Queen's Rond.”

Club he nearly collided with the At the same time, a car driven defendant who was coming down slood outside the door, even that would by the defendunt, approaching the the incline at an excessive speed

are convicted Junction from the enst, be burglary. You

eeming and on the wrong side of the road. Queon'A

The witness had to pull up his Rond, dashed into labour.

that witness thought the points by the cycle immediately behind, next point, that Li Yu-tong's de- claration that the eight resolutions

Replying

to Sir Joseph Kemp, Mr. man did not see him coming. The Had it been two cars concerned were

not proceeded with was con- Jenkin said he relied on verbal defendant's action gave witness he was sure that a collision was clusive.

declaration at the meeting, to the the impression that he was trying inevitable, Me. Sheldon formally objected to effect that the resolutions which to cross quickly, but eventually

the should be deal with were charter had to pull up alongside the most. that he had been convicted three this point being taken, on ground that it was never even hinting and dividends only.

The driver was fined $10. He times, also for reckless driving. had two previous convictions. He was now fined $25, · ·

After Mr. Jenkin had submitted that

he was not wrong on the point, their Lordships reserved their de cision:

απά

Mr: Jenkin then continued on his hatenco you to three month's along and was so quick about it fmachine sharply, and was run into

ed at in the Court below.

"The case is proceeding.

The defendant's records showed

RADIO BROADCAST

RELAY OF HELENA MAY CONCERT.

To-day's radio programme to be broadcast by Z. B. W. on a wave- length of 355 metres!

6.30-0.00 p.m. Relay of the Concert from the Helena May Institule.

4.00-8.00p.m. European Pro- gramme of Columbia Records kindly supplied by Messrs. Andersen Music Co.

6.00-6.30 p.m. Orchestral.

The Fountains of Rome (Respighi).

Allan Symphony Orchestra. 9833. The Damask Rose-Solection

(Chopin arr. Clatsam).

Court Symphony Orch. DX24. Raymond-Overture (Thoning).

Percy Pitt and Symphony Orchestra. DX104.

Light Cavalry Overture (Suppo),

Court Symphony Orchestra. DX42, 7.00 p.m. (Stock Quotations, Mall Notice, etc.).

0.36-7.15 p.m.

Sonata for Violin and Piano

(Cesar Franck).

Played by Joan Massin (Violinist; and Blanche Selva (Planist). DX239-DX242.

7.15-7.24 p.m. Organ Ralo. Ballad Concert Memories introduc. ing-0 to Philadelphia-Macurhia-My Dear Soul-Yeoman's Wedding Song. A Sergeant of the Line-Lavo's Old Sweet Song-Down in the Vaic- Glorious Devon (arr. Maclean).

Quentin M. Maclean. DX219.. 7.24-8.00 p.m. Light Opera and Musical Comedy.

Foily to be Wise-Solection.

Percival Mackey and His Band.

DX219.

A Country Girl-Vocal Gems.

Columbia Light Opern Company. DX73. The Song of the Drum-Selection.

Herman Finck and His Orchesten. DX233. Florodora-Vocal Gems.

Columbia Light Opera Company. DX126, 8.00 p.m. Local Time and Weather Report.

8.03-11.30 p.m. Ko Shing Theatre Relay.

10.30 p.m. (Approx.): Rugby Mid- day Press News.

11.30 p.m.

Close Down.

REPENTANT LAD IN COURT.

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PLAIN & FANCY NETS ARTIFICIAL SILKS.

For Expert Advice on

"He has been repentant, and has been crying the whole time in the cell," unit the prosecuting police officer who this morning Consult charged a 15-year-old Chinese lad with the theft of a jacket and towel from a bather at the Kennedy Town bathing sheds.

A constable on special duty at the sheds intercepted the boy as he came out on Saturday afternoon with a rattan basket containing the clothing. Unable to trace the owner, the constable took the buy to the West Point Police Station. Half an hour later, a complaint was received from the caretaker of the sheds, and i was then dis- covered that the clothing belong- ed to a bather who was in the water when the arrest occurred.

Having regard to the fact that it was his first offence and that he seemed

repentant, the Magistrate (Mr. Scholteld) bound the boy over for a year, in the sum of $100, the boy's father being required also to sign the bond.

OPEN-AIR DANCE AT Y.M.C.A.

SERVICE MEN SPEND A HAPPY EVENING.

The tennis court of the Euro- pean Y.MLC.A. at Kowloon Was brilliantly decorated isst night for an open-air doace for Service men, organised by the Cheers Y.M.C.A. The function, which was a new departuro, was highly successful in

every way. Music was

supplied by the Cheero Orchestra, with Messrs. Winram and True at the piano,

while there were additional at- tractions supplied by Mr. J. Ed- wards in xylophone Items and vocal refrains by Mr. J. Lopes, an American radio entertainer, whose services were avalled of.

The attendance, which number- ed more than 300, comprised mem- bora of the Army, Navy and Air Forca, and thoroughly enjoyed it- self until midnight, when the dancing was brought to a close.

"You sign on the dotted line," he remarked.

""What's that for," 1 demanded.

That's a membership form for the Hongkong Flying Club. Of course you're going to join now?”

"I think It

over," I sald deter- minedly and that was the most he

of me. get out could

Strange though it may seem, the .thrill and fascination of that short- trip, gripped me so much that I am no longer thinking of joining the

ul. You

that Foying Chuber mixou but it is 80

sounds

because I have already joined, In

110-out fact I sent in my application on the

the way to getting my "A" licence.

Window Draperies

ARTS & CRAFTS

FELIX HAT

SHOP

York Building, Chater Road,

For these hot summer daya another con- signment of the very popular novelty washing frocks and beach pyjamas has just arrived.

HOW

ΤΟ ECONOMISE

ON YOUR

DRINK BILL.

USE SIMPLEX POTTLE TAPS.

Large Size, 20 measures to a bottle. Small Size, 20 mensures to a bottle.

CALDBECK, MACGREGOR & CO., LTD.

(Insurporated under the Compaulas' Ordinances of Hongkong.) Prince's Building. Too House Strook Telephone 20075,