September 15, 1897.]
laid down in those cases to the present one on the following grounds. Mr. Darby in his evidence states: The item $97,222.23 was contained in the suspense account of Kan Sing Toi in the books of the old Bank down to June 30th, 1894. On that date that item $97222.23 was credited to suspense account Kan Sing Toi. In that way the original entry was reversed I think the reason for the reversal was that our London office did not understand it." It was argued that this was a relinquishing of an after acquired security and so in accordance with the above cases it operated as a discharge of the surety. I am of opinion, however, that it was a mere book entry which was never communicated to Kan Sing Toi and which does not release the surety. The Bank still retained the letter of hypothecation. (Exhibit J.) Counsel for the appellants then contended that in any case interest, costs of telegrams, &c., ought not to be allowed on the ground that the surety was not liable under the bond which provides for losses.
However, I consider that the surety was liable for everything that the compradore was liable for in connection with these transactions and it was not contended that the compradore was not liable for interest, &c. (Ackermann and others v. Ehrensperger 16 M and W 99),
It was further contended that the property at Saigon and a promissory note for I'ls. 10,000 were taken over by the Bank as cash, but be. lieving, as I have already said, that the compra. dore quite understood the meaning of all the letters which passed between him and the Bank, I am of opinion this view is erroneous and that the Bank took them over for what they would fetch. I think I have dealt with the objections taken to the judgment appealed against, and for the reasons above given I am of opinion that the appeal should be dismissed with costs.
8th September.
IN BANKRUPTCY.
BEFORE SIR JOHN CARRINGTON (CHIEF JUSTICE.)
RE WONG IU HING, EX PARTE THE DEBTOR.
The debtor applied for his discharge. Mr. J. J. Francis, Q.C. (instructed by Mr. Bowley), appeared for the debtor; Mr. E. Robinson (instructed by Mr. Ewens) for the trustee; Mr. Bruce Shepherd (Official Receiver) appeared in person.
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L.
CHINA OVERLAND TRADE REPORT.
sary the trustee would be asked to attend in Chambers for cross examination.
The further hearing of the motion was there- upon adjourned sine die,
9th September.
IN SUMMARY JURISDICTION
BEFORE MR. A. G. WISE (PUISNE-JUDGE.)
STOLTERFOHT AND HAGEN V. HIM SHUN
LOONG.
Plaintiffs claimed >1,"00) damages from the defendants for refusing to take delivery of and pay for certain quantities of matches.
Mr. J. J. Francis, Q.C. (instructed by Mr. Bowley) appeared for the plaintiff's. and Mr. M. W. Slade (justructede by Mr. Looker) for defendants.
Mr. Francis said the claim was made becaus“
the defendant refused to take delivery of and pay for certain quantities of matches which were sold to them under two contracts in March of last year. Pleadings were ordered in the The plaintiffs petition showed that they case. were merchants in the colo y. The defendants were compradores carrying on business at 12, Bonham Strand West. On the 15th March, 1896, defendants ordered from the plaintiffs, and plaintiffs agreed to obtaiu, 400 cases of matches with certain marks, such matches to arrive in
June, July, August, or September, 1896. De fendants agreed to take delivery of such matches as should arrive within those four months and to pay at the rate of $24.50 per c se. On the 17th March, 1896, defendants ordered from the plaintiffs 200 cases of another kind of matches and defendants agreed to take delivery of such parcels. The 400 cases arrived within the period of four months and defendants took delivery of 150 cases and paid for them. Of the 200 cases 165 arrived in August and September and defendants took delivery and paid for 50 cases. Afterwards, in consideration of $1,000, plaintiffs agreed to extend the time for 265 cases until March, 1897, and defendants agreed to take delivery of them and pay for them on or before the 31st March, 1897. They had, however, failed to take delivery of those cases, and plaintiffs had thereby incurred a loss of $1,291.25. The defendants, in their answer, said they ceased to carry on business in Bonham Strand at the beginning of the present Chinese year. They denied having ordered any matches from the plaintiff under contract at any time.
Evidence having been called. Mr. Slade con- tended that there had been no contract between
for the consideration of his Lordship. the parties and submitted certain points of law
His Lordship reserved judgment.
THE DEFENCES OF HONGKONG.
Mr. Francis said when the case was last before the Court he made an application on behalf of the debtor that the report of the trustée in bankruptcy should be taken off the file as it was a document which had no legal authority and no legal existence. His Lordship also suggested whether or not the grounds or reasons on which the motion was made should or should not appear on the motion paper.
At the present moment, when the German His Lordship said he had considered that Emperor and his advisers, are straining every matter and would not press it further.
effort in the avowed endeavour to bring about Mr. Francis, in regard to the trustee's report, an alliance of three or more Great Powers for said the Bankruptcy Ordinance did not authorize the express purpose of crushing Great Britain, or direct such a document; only the Official Re- it is well that Hongkong, our furthest coaling ceiver could make a report. Counsel thereforestation, naval dockyard, commercial depôt, and asked that the trustee's report should be taken off the file.
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Mr. Robinson admitted there was no authority for such a report in the Bankruptcy Ordia- ance, but contended that the report dealt not with the oondnot of the bankrupt but with 80- counts.
His Lordship referred counsel to the two last paragraphs of the report dealing with the con- duot of the debtor.
Mr. Robinson said he would not press the point further and intima ed that he would place evidence before the Court.
His Lordship said there was no anthority for the filing of the report by the trustee and the Court would therefore remove the report from the file!
The question of procedure was then raised and after some argument his Lordship said it would be better if the trustee made an affidavit and gate it to the Official Receiver, who could, after taking evidence affidavit, amend his report and make his findings upon the evidence, and also state any matters which he declined to receive as evidence. If neces.
on
military base should be rendered capable of re- sisting, at least for a time, attack in force by two or more allied powers.
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It is useless for us to trust to luck, or to the hope that the weak points of Hongkong, from a naval and military point of view. are going to escape the secret and searching technical investigation of the possibilities of a successful attack on the colony by Powers inimical to Great Britain; further, it is useless to suppose that we can correctly gauge the combination of Powers which may be engaged in an attempt to cast down the present" Mistress of the Sea,” whose wealth and independence is the cause of so much envy on their part. It will be well to take to heart the very old saying of the Jewish King, Solomon, viz. :-" Who can staud against envy ?" Envy besitates at no base or underhand measure to attain its end, the com plete ruin of its hated rival, and there are not wanting signs that more than one Great Power, but one especia ly, seeks the ruin of Great Britain, who stands in the way, or is thought to stand in the way, of that Power's commercial and political aggrandisement.
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Now granted that the above points are cor rect, it will next be well to remember that, Hongkong being at such a great distance from any point from which an increase of the garrison could quickly be effected. it is most essential that the permanent garrison should be sufficient for
any emergency which may arise, and, like wise, the fact that should the colony be unable to hold its own, without the aid of the fleet in these waters, that fleet would be rendered useless for its espacial par,ose--the driving óf the enemy's cruisers off the seas and keeping: open communications with other naval bases, co-ling-stations, and harbours of refuge--for merchant veszels.
We will now look to the weak points in the defence of Hongkong, which are mainly an in- sufficient arrison, an insufficient water-supply and one easily out off by the enemy (being open to attack from the sea and capable of being run off into the sea by the destruction of the dams which retain the water in the reservoirs), in- sufficient number of torpedo boats and torpedo destroyers to reader the adjacent waters and anchorages unsafe to the enemy's ships in the absence of our own flet, and. tio.lly and prin- cipally, the non-possession aul non-fortification of the Kowloon Hills, so that the enemy's ships may not safely lie in Tolo Harbour (an inlet in Mifs Bay) and land troops there.
en.
Now I propose here only to briefly treat of the last danger to the colony. The reader will readily gras, the fact that no sane commander is going to run his war vessels and troop-ships up against the forts guar.ling the Lyeemoon Pass, or those commanding the western trance of the harbour, but will either land his troops on the south side of the island, under the cover of his ship's guns, where the forta protecting the harbour cannot toneh him, or he will occupy either Mirs Bay or Deep Bay, and make one of those points the base of his operations. Tolo Harbour, in Mirs Bay, offers special facilities for these operat ons, for, not only can the heaviest of his ships approach within about three miles of British Kowloon, the while being well sheltered by the hills the harbour from any possible fire from forts, but the narrow ss of the entrance to Tolo Harbour lends itself to the protection once in from torpedo- of his ships when
hig boat attack by the laying down of own torpedoes to keep the British torpedo- boats ont. In Tolo Harbour his troops may be safely disembarked and will there fad an ample supply of water and good camping ground till further operations are carried on.
The troops once landed, the next thing would be the ocenpation of the summits of the Kowloon Hills, under cover of the ship's gans; should a portion `of the small garrison of Hongkong have been
previously sent to occupy the crests of these. bills to resist the enemy's advance, they would hardly be able to hold them in face of the fire from the enemy's ships and the strong force of troops which the enemy would concentrate upon them. The Kowloon Hills in the possession of the foe, it would only be a matter of a short time before the siege-guns, which it is to be presumed he would be supplied with, were placed in position and the bombardment of the town
and harbour commenced; probably the forts at Kowloon would first fall into the bands of the enemy, operating from the commanding field he would then be occupying, and the guns of those forts would be turned on the island.
With the crests of the Kowloon Hills forti-
fied no enemy's ships could occupy Tolo Har bour and the possession of the Kowloon Hills would, on their southern slopes, provide ample sites for reservoirs, where the water supply of the colony would not be at the mercy of an enemy.
About eighteen months ago "Old Naval · Reserv. Man " rightly pointed out the advisa- bi-ity of having at least two torpedo-destroyers attached to the China station for the defence of Hongkong and Singapore. Within six months of that time two destroyers were despatched from home to this station. being detained, temporarily, in the Mediterraneau in connection with Cretan and Grecian troubles. Recently two destroyers have been added to the effective strength of the North Pacific and two to the North Atlantic Squadrons. Two more might well be
to the China Station, one to remain at Hongkong and one at Singapore. A few mor
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