The-Hong-Kong-Weekly-Press-1897-07-29 — Page 5

Hongkong Weekly Press AND China Overland Trade Report All

July 29, 1897.]

any aggressive ideas of the part of the United States. We see no reason why a similar arrangement might not be made between any two countries with reference to the examination of merchandise, if it were a matter of mutual convenience. Supposing auch an arrangement to be made between Macao and the Chinese Customs, the latter would have no authority to interfere with any merchandise except such as was voluntarily submitted to them for examination, and shippers would, if they preferred it, have the right to have their goods examined at Lappa instead. Such an arrangement could only be satisfactorily worked as long as there was mútual confidence between the Authorities concerned, but while the control of the Chinese Customs remains on its present basis there is no reason why there shoul be any lack of confidence. As already remarked, a much more satisfactory ar- rangement, as being altogether free from the danger of future complications, would be to make Kongmun an open port with its own Customs establishment, but whether the Chinese would now assent to that is doubtful. Something, however, must be done, or Macao will lose all the advantage she expected to derive from the opening of the West River, and the expansion of trade that was expected to take place in foreign goods will, so far as the lower reach of the river is concerned, not be realised.

REGISTRATION OF PARTNERSHIPS.

The oft discussed question of the registr::- tion of partnerships is again referred to in the report on the working of the Bankruptcy Department at Singapore for 1896. Mr. EGERTON, Who writes the report, says: - "The proposed Ordinance to compel reg- "istration of partnerships has been dropped, principally owing to the opposition of some of the leading European firms in Singapore. During the short time I have been in charge of the office, in several cases there has been "strong suspicion of the existence of monied partners.. Legal evidence of this was not "forthcoming and the creditors suffered. Why registration should be objected to is some- "what difficult to understand. It could do

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unregistered firm and its partners being debarred from maintaining any suit, and, where all the partners were resident with out the colony, the agent being rendered personally liable for all debts. Under such a law the partners providing the capital would be compelled to register for their own protection, otherwise they would be at the mercy of their agents. But, it has been urged, when bankruptcy was impending the names of men of straw would be placed upon the register and those of the partners with assets that might be applied to the liquidation of the firm's debts would be withdrawn. Changes in the register would, however, be closely watched by the mercantile world and the withdrawal of a partner who was supposed to be taking money out of the firm would put creditors ou inquiry. Moreover, the mere removal of a partner's name from the registry would not protect him from subsequent proceedings if it was found on investigation that the firm was bankrupt at the time of his withdrawal and that the change, in the registry was made with the object of evading liability for just claims. It would be impossible to devise a law that would absolutely prevent fraud, but the more difficult fraud is made the better it is for all honest traders. The registration of partnerships would have the effect of making fraud more difficult, and, as Mr. EGERTON says, it could do no harm to honest firms.

THE RELATIONS BETWEEN ENG- LAND AND france.

An association was recently formed in England under name of L'Entente Cordiale for the promotion of more cordial relations between the United Kingdom and France. The first meeting of the association was held in London last month, when Sir ARTHUR ARNOLD, who presided, said that the basis of l'entente cordiale was mutual respect, that good relations with France were the most essential part of a wise foreign policy for England, and that the people could do even more than the Government to insure such relations. A similar association has been formed in France, and it is gratifying to find that the object aimed at receives some sup- port in the Press of that country. La no harm to honest firms, and I am con- olitique P Coloniale in a recent issue, after "vinced would tend greatly to diminish pointing out that there are certain colonial "the losses from failures. Credit is now difficulties between France and England frequently given in the belief that a man and a divergence of interests in various known to be rich and to be intimately con- parts of the world, and that no one on “nected with a firm, is a partner in it. After either side of the channel would expect "the failure, this supposed partner often France to renounce her rights or England appears as a creditor instead, the money to abstain from the maintenance of her in- he was known to have put into the terests, goes on to say "It is, however, “business appearing in the books as a loan permissible to believe that these two great "instead of the price of a share in the "countries, without abandoning any of their business." In Hongkong the Chinese respective rights, their legitimate interests, some years ago petitioned for a law

or, still less, their national dignity, might rendering the registration of partner-

"rise above the miserable quarrels promoted ships compulsory, but no action was

by unworthy excitations or an excess of taken in response to the petition. The "zeal on the part of junior officers, when question had been previously very fully high considerations so imperiously demand discussed, and the view entertained by 'agreement." Our contemporary attaches the Government was, we believe, that such much importance to the speech of Sir E. a law would prove ineffective. It is no doubt MONSON to the British Chamber of Commerce true that firms contemplating fraudulent at Paris, in which he said that he saw no bankruptcy might so manipulate their regis- reason why the entente cordiale of which so tration as to protect the monied partners much was heard forty years ago should not from having their property seized and leave be renewed and rendered more durable only men of straw to be dealt with when than it then proved. This expression on the bankruptcy occurred. Still, registra- the part of the Ambassador is construed as tion would, it seems to us, be of material having been made with the approval, if advantage from a public point of view. In the not at the instance, of the British Govern- Bill introduced in the Legislative Council of ment. It is certainly a statement which the the Straits Settlements three years ago failure Government might very well adopt, and to register was not made a criminal offence, which the nation would thoroughly approve. but was punished by civil disabilities, an❘ There are many bonds of interest and

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sentiment between France and England, and that the relations of the two peoples should be embittered by the constant gird ing of a fire-eating section of the Press is deplorable. Whether the association known as L'Entente Cordiale will be able to exercise much influence on national policy may be doubtful,but the existence of such societies in both countries is in itself evidence of a change coming over public opinion and as such is exceedingly satis- factory.

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SUPREME COURT.

20th July,

CRIMINAL Sessions,

BEFORE MR. A. G. WISE (PUISNE JUDGE).

CHARGE OF ARSON.

Cheng Kwan Ting was charged on two counts with wilfully setting fire to a cigar shop at 231, Queen's Road Central and 56, Jervois Street with intent to defraud.

Hon. W. M. Goodman (Attorney-General, prosecuted, being instructed by Mr. H. L. Dennys (Crown Solicitor), and the prisoner) who pleaded not guilty, was defended by Mr. E. Robinson (instructed by Mr. Reece).

The jurors were-Messrs. A. Priddle, A. H. Harpur, F. Silva-Netto, C. F. Michelan, G. C. W. Kirkpatrick, E. de S. Pereira, and L. P. Glissmann,

Mr. G. W. S. Harling was called as a juror, but on the application of Mr. Robinson was asked to stand aside because he is connected with a Fire Insurance Company.

The Attorney-General explained the facts of the case and said it would be proved that the prisoner some time ago expressed his intention of setting fire to the premises. The insurance was effected in the South British Fire In- surance Company in July, 1896, the amount being $4,300. There was a large stock in the shop then, but at the time of the fire the value of the stock was only $600 or $700. Therefore, if the prisoner's scheme had succeeded he would have been a considerable gainer. Fortunately, however, none of the stock was burnt, the fire being discovered and arrested by a Chinese con- stable, who rushed into the place on seeing smoke issuing from the verandah of the first floor. A careful examination of the pre- was afterwards made by Inspector mises

who found that the fire was Kemp, started in five different places and that pieces of paper soaked with kerosine had been stuffed into holes in the woodwork and a tin of kerosine placed at the bottom of the stairs, while someone had also poured kerosine over ́a lattice and a partition.

Evidence was then called.

22nd July.

The hearing was resumed of the charge against Cheng Kwan Ting of wilfully setting fire to a cigar shop at 231, Queen's Road Cen- tral and 56, Jervois Street.

Mr. Robinson addressed the jury for the de- fence and submitted that no case had been There could made out against the prisoner.

be no doubt that the fire was an act'

of incendiarism, but there was no evidence to connect the accused with the act. Counsel suggested that the man who had planned the fire was Wong Yuk Ping, one of the partners who wished to recoup himself with the insurance money in order to hide his defalcations. Counsel concluded by stating that it might be that some of the jury--one of them was at any rate were connected in some way with an Insurance Com- pany, and if the prisoner got off their mess mates might say, "Why or earth did you let that man off? Counsel hoped the jury, would rise above all such considerations as that and act according to their conscience and not be governed by prejudice. He trusted the jury. were mennough to cast that feeling boldly side and discharge the prisoner unless they were certain of his guilt.

Prisoner then made a statement in which he

said he was a partner in three shops in Hong- kong. He held a $1,000 share in each of two

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