July 1, 1899.]
charges of the year 1898. Excluding the consideration of loan account, the actual excess of the expenditure over estimate is $209,000, bat owing to the method of accounting the sam now required to be sanctioned is nearly one lakh more. The chief excesses in detail are on account of additional pensions, sularies paid in England, Post Office charges, compensation which was under-estimated, plague, and some items under Public Works Extraordinary. At the same time, however, that the ex- penditure increased by $29,000 the revenue for 1898 exceeded that estimated by $28.000, and the balance of assets ou 31st December' was $90,000. The balance of revenue over expenditure and of assets over liabilities would have been greater by $57,000. had they not been what may be described as fotitionsly diminished owing to excess purchase of stores. I shall be happy to answer any questions.
The ACTING ATTORNEY-GENERAL seconded
and the motion was carried.
On the motion of the COLONIAL TREASURER, stoonded by the ACTING ATTORNEY-GENERAL, the considention of the Bill was referred to the Financs Committee.
The Hon. E. R. BELILIOs-While on this anbject may I respect fully suggest that when the next estimate is being considered a little more dare be taken to place as near as possible the exact figure before the Council. These Supplementary Appropriation Bills generally come in the year after, and in a small colony like ours the sum mentioned is rather large. It is more than 10 per cent. on the revenue.
The COLONIAL TREASURER reminded the hou. gentleman that the revenue, which is estimated at the same time as the expenditure, had increased by more.
His EXCELLENCY the GOVERNOR-May I suggest that the hon. member and the Colonial reasurer fight the matter out in the Finance Committee? (Laughter.)
THE LAWS RELATING TO MERCHANT SHIPPING.
CHINA OVERLAND TRADE REPORT.
without offering much resistance, that no ser- ions bodily injury was inflicted upon them. Your ringleader has committed suicide in gaol, and I think he led you into this crime. But I must sentence you severally to imprisonment, with hard labour, for the term of five years, and order you each to receive twenty strokes with the birch within the first week of your im- prisoument.
THE MUTUAL, STORE EMBEZZLEMENT CASE, Reginald George Hopkins was charged that he did embezzle the sum of $2,159.64 the moneys of the co-partnership in the Mutual Store. He pleaded not guilty.
The
On the 22nd March prisoner drew a cheque for $100 made payable to bearer, and on the 22nd March or 23rd March he left the colony for Shanghai without any previous communication with his partners. The jury might think itanim. portant bit of evidence as bearing upon Hopkins leaving the colony that the Mutnal Store owed to a man called Sum U, who would be called, as a witness, and who kept a compradore's shop in the colony, $10,000. This man would tell them that on the 22nd of March he called upon pri- soner at the office of the Mutual Store and asked him to pay this money. Prisoner said, "I will pay you at 2 p.m. to-day." man returned to the Mutual Store at 2 p.m. but The following composed the jury:-Messrs.
he found that prisoner was not there. He wait- Carl Marie Teesiug, James Beattie, S. F. Xed till 4 p.m. and still prisoner did not return. de Rozairo Prima. Leopold Suintz, S. J. Michael: Then he made enquiries about prisoner, but the latter was not forthcoming, and it was found H. E. Kroll, and E. Boeck.
that either on that day or the following day prisoner went away to Shanghai: Proceedings were then instituted with the object of getting prisoner sent back from Shanghai, and Inspec for Moffat was sent there and he brought prison. er back. The jury would see from the banking account that prisoner's practice was, when he was drawing cheques to pay customers for the Mutual Store, to put in the cheque the actual names of the people to whom the money was owing, and he would ask their attention to the fact that with regard to these three cheques that for $1,059,64 was made payable to bearer, that for $1,000 to himself or bearer, and that for $100 to bearer. The counterparts were left blank. The cheques for $1,059 and $100 were cashed by Chinamen and that for $1,000 by" a European.
The evidence given at the Magistracy was proceeded with and the hearing was adjourned.
24th June.
when the jury brought in a verdict of guilty.
The bearing was concluded in the afternoon,
His Lordship deferred sentence.
The Acting Attorney General (the Hon. H. E. Pollock), instructed by Mr. Hastings, pro- secuted. In opening the case he said prisoner was charged on three different conuts. In the first count he was charged with being a member of the co-partnership carrying on business under the name of the Mutual Store, and while being a member of that co-partnership stealing cer tain moneys, namely $1,059 63 on the 18th of arch of this year. The second count was that ho stole on the 21st of March of this year $1,000, the property of himself and co-partners in the Mintual Stor; and the third count was that ou the 22nd of March of this year he stole 100, the property of himself and his co- The case partners in the Mutual Store. for the prosecution would be that in the year 1898 prisoner started business with three Chinaman as co-partners under the style of the Mutual Store. It would appear that prisoner had had previously to this date some business experience in Hongkong, and he persuaded these three Chinamen that it would be a very him, and be told them and it was a perfectly good thing for them to go into partnership with
true statement-that he could get the agency for Liptons, and it would appear, so far as one could make out, that that agency here did a The CTING ATTORNEY GENERAL-The
good business, Finally be persuaded these next item has been put down by inadvertence
Chinamen to put up some $15,000 or $20,000. as the second reading of the Bill entitled an
of capital, and the arrangement was that they Ordinance to consolidate and amend the Laws
were to get in the first instance 8 per cent.
His Lordship said-You were found guilty relating to Merchant Shipping, the duties of
on their capital and after that 8 per cent. on Saturday of baring stolen three sums of the Harbour Master, the control and manage-
had been paid, half the profits were to go to money, amounting in all to $2,159, the property ment of the waters of the Colony, and the regula prisoner and the other half to be divided of The Mutual Stores. You appropriated those tion of vessels navigating the same, As a mat
amongst the three Chinamen in proportion sums at the time you were managing partner ter of fact, sir, this Bill was read a second time
to the amount of capital which they subscribed of the firm, and immediately afterwards you and referred to the Law Committee on the 18th
to the business. It was also part of the arrange-absconded, taking passage to Shanghai under Feb., and the Law Committee have been suspend meat, that prisoner should have the man- an assumed name. You left the books in a ing their labours until such time as the Cham-agement of the business of the firm. That muddle and three months behind date, and you ber of Commerce sent in their suggestions business was
left your partners to pay, as they were bound which they have done recently. With regard to
to do, the debts of the firm and to extricate the the Law Committee I have to ask your Ex-
business from the difficulties and trouble in cellency to appoint a member in the place of
which you dishonestly had involved it. There the Hon. J. J. Beli Irving, who is absent from
is another information against you, but, as you the Colony.
have been conficted on the present charge, the Attorney-General has informed the Court that he does not intend to proceed with the other case against you. I have only to deal with the particular charges on which you were found guilty, and the sentence is that you be im prisoned with hard labour for the term of 18 calendar mouths.. Technically, that is the sent ence in each count, but. practically, that is the total sentence, because I direct the sentences te run concurrently."
His EXCELLENCY the GOVERNOR invited the Hon. J. J. Keswick to take the position, un invitation which was accepted.
ADJOURNED.
The Coubeil adjourned sine die.
SUPREME COURT.
23rd June.
CRIMINAL SESSIONS,
Cou-
started as the Mutual Store in July of last year, and in the mouth of August, 1898, there was a banking account started in the Hongkong Bank, and prisoner was allowed to draw clieqnes upon the Bank with respect to the partnership and to meet the liability of the store in his own name, but in reality it was an account started only by the Mutual Store, and it was simply as a matter of convenience that he was permitted by his part. ners to draw cheques in his own name. The principal part of this business was this Lipton's Agency. It appears that Liptous had a contract with the Admiralty to sup- ply the ships out here with stores of various kinds. Some of these stores were sent out from Liptons consigned to the Mutual Store here, and as far as these stores were cerned it was not necessary that prisoner and his partners should draw any money to disburse themselves, because these stores would be paid for by the Admiralty in London; but as re- garded the perishable stores supplied to the ships the course of business was this prisoner was authorised to re-inburse himself and his partners in this way, that he was allowed to draw upon Liptons in sterling on London and these bills he sold locally. Of course afterwards His Lordship said-Yon three men were yes-vouchers were sent home, and Liptons recovered terday found guilty of being concerned in an armed robbery at a house at Yaumati, on the night of the 30th May, 1899. Possibly I am justified in making some distinction between your case and the robbery at Lantau, because you did not use your firearms as the Lantau rabbers did, and no one was much hurt by you. I cannot, however, help feeling that it was pro- bably only owing to the fact that your victims allowed themselves to be gagged and tied up,
BEFORE HIS Honour W. MeigH GOOD- MAN (ACTING CHIEF JUSTICE)
THE ARMED ROBBERY AT YAUMATI— SENTENCE.
}
Fan Chung, Pun Tit, and Tsang Man, who were concerned in an armed robbery at Yau- mati, came up for sentence.
the money ultimately in London. On the 17th March in this year Hopkins sold one of these sterling bills on London for £203 5s. 8d. ster ling to the Hongkong and Shanghai Bank for $2,059-64. On the 18th of March Hopkins drew a bearer cheque for $1,059 64. On the 21st March he drew a further cheque for $1,000. Therefore the jury would see that these two totalled up to the sum for which Hopkins sold this bill for £203 58. 8d. sterling on London.
26th June.
Reginald George Hopkins come up for sent- ence.
During the hearing of the case a document was submitted in which prisoner, when endeav- ouring to induce others to join him in the Mutual Store venture, professed to demonstrate the certainty of the concern proving a paying one. In this statement the following passage occurred.
"Our London agent, who secured for us this desirable agency, writes: When Lipton once comprehends you are the right people he will do anything in reason; meanwhile you have to prove your work. Lipton, is a power to con- jure with, and you will as their agents be well received by the Admiralty people. They au thorise you to bribe and give bonuses to the various heads of departments up to 5 per cent. on any order and if you have to place £5, £10, or £20 in the right place do so; full discretiona ry power is allowed you. You will also be em- powered to buy and supply stores not of Liptons which can be had cheap in Hongkong, the idea being that you must get into your hands all orders of the fleet and you will be backed
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