66
Perthlin, though a Norwegian, is a British subject.
This concluded the Sessions, and the Court adjourned.
Thursday, 21st July.
IN BANKRUPTCY.
1
BEFORE HIS HONOUR SIR W. M. GooD of July 20th, 1904), and, therefore, section
MAN (CHIEF Justice).
A COMFORTING FACT.
In the matter of Lau Kok Chow ex parte Chiu Kok Lam, Mr. P. W. Goldring, solicitor, of Mr. John Hastings's office, appeared in sup- port of an application for a receiving order, on behalf of the petitioning creditor. He stated that as his Lordship would see from the affidavits the creditors would get about 60 per cent.
The petitioning creditor, when examined in the witness-box, stated that the bankrupt owed him $3,000. He had no security except a pro- missory note.
His Lordship asked him if the debtor had asked him to file this petition?
•
[July 25, 1904. edition. Some years ago these were sometimes omitted. I cannot but think that, in a very short time, when people get accustomed to the occasional alterations in the old and familiar numbers of the various Ordinances, the great advantage of the present edition will be recognised. I am sure I am only giving expression to the feeling of the legal profession when I congratulate Sir John on the manner in which he has completed his difficult task.
}
The Court then proceeded to the consideration of the business of the day.
THE HONGKONG WEEKLY PRESS AND
accomplished. Section 10 of the Ordinance provided that, on the completion of the printing and binding of the copies, the Seal of the Co- lony was to be impressed on the title page of each copy, then the new Edition was to be laid before the Legislative Council for approval. Such approval, when given, was to be notified by Proclamation in the Gazette. All this has been now done (see the Gazette Extraordinary
eleven of the Ordinance now has full effect. That section is as follows :-" From and after the date of such Proclamation the new edition shall be deemed to be, and shall be, without any question, in all Courts of Justice and for all other purposes whatsoever, HONGKONG ELECTRIC CO., Ld.. the sole and only Statute Book of this Colony up to the date of the latest of the Ordinances contained therein: Provided that nothing in this section shall affect the operation of any Ordinance which may be passed before such approval by the Legislative Council, for the repeal, alteration or amendment of any earlier Ordinance after such Ordinance has been already Of course, in soma printed in the new edition." instances, the number of an Ordinance has had to be altered; but the excellent tables of refer- ence contained in the third volume show at a glance what has become of each Ordinance
The petitioning creditor-Yes. His Lordship asked him why he had not taken an action against the debtor instead of
in Were there other
the edition of the Ordinances making this application?
hitherto in use, and where and under what actions against the debtor?
the New The witness stated that there were not so far number it is to be found in as he was aware.
Edition. So far as I can judge in the short time I have had, may say that the Index
Mr. John Hays, of Messrs. Johnson. Stokes (who appeared in and Master, solicitors another case) mentioned to his Lordship that there were other actions pending against the
debtor.
His Lordship granted the order and appointed Mr. Bruce Shepherd Official Receiver, remark- ing-Well, that is all right; it is comforting to get someone to speak the truth occasionally.
DELIVERY OF SHARES.
The Court next took up the adjourned hear ing of an application by the Official Receiver (Mr. Bruce Shepherd) for Li Chung Chow to deliver up 15 shares in the Union Insurance Society of Canton, Ld., in the matter of Wong Tat Hing, ex parte Wong Hoi Shan.
appears to
be an
was
I can
THE REVISED ORDINANCES OF ces to which they refer. Anyone possessing the
HONGKONG.
оде. admirable recollect the former edition in four volumes being brought out in 1890 and 1891, and the concise edition in two volumes in 1891 and 1892, both compiled by Mr. A. J. Leach, now Mr. Justice Leach, the larger edition being brought out under the general supervision of the Law Revision Commission of that day. One contained all the Ordinances to the end of 1887, while the other contained only the Ordinances then in force, to the end of 1890. They were most useful works, but the Index, if such it can be called, most meagre. Since 1890, legislation has been most active, and the result has been the passing, not only of Mr. H. E. Pollock, K.C. (instructed by Mr. many new Ordinances, but of a great number of F. B. L. Bowley, Crown Solicitor), appeared on Ordinances repealing or amending or re-amend. behalf of the Official Receiver, and Mr. M. W. ing the Ordinances contained in those former Slade, barrister-at-law (instructed by Mr. J. editions. It was, therefore, most necessary that Hays, of Messrs. Johnson, Stokes and Master, an up-to-date edition of local statutes and one solicitors), appeared to oppose the application. of a really authoritative, character should be The application was for the delivery by Li brought out. The reason why this edition stops Chung Chow of the scrip for 15 shares in the at the end of 1901 is explained by Sir John Car- Insurance Company now standing in the bank-rington in his préface. Through his being ill rupt's name in the books of the Company and and having to go home, most of the proofs had in Li Chung Chow's possession.
to pass between Hongkong aud London, causing Evidence was led, and the case was afterwards great delay. I see that the number of Ordin- adjourned till to-day (Friday).
ances now in force contained in the new edition is only about 213. This is owing to the latter amendments being incorporated in the Ordinan- Ordinances for 1902 and 1903, and the few passed this year, together with this new edition. has all the Ordinances now in force in Hong- Before the business in the Bankruptcy Court kong. At first it may be that the alterations was entered upon on the 21st inst. His Honour in the numbering may cause some perplexity. the Chief Justice, Sir William M. Goodman, For instance, the Bankruptcy Ordinance is now addressing the Bar, said-Gentlemen-Before No. 7 of 1891. I refer to that as I am taking proceeding with the business of the day Bankruptcy matters to-day. But if you turn I should like to make a few remarks on
to its heading in the new edition you will the new edition of the Ordinances of Hong- find that it incorporates what was, formerly, kong which have come into force since the pro- Ordinance No. 20 of 1891, together with the clamation in the Gazette Extraordinary yes- Ordinances formerly known as No. 6 of 1892, 24 terday. These are now in force, and this of 1895, 2 of 1901, and 29 of 1901, section 7, so the first sitting of the Court since they that one has now to refer to only one Ordinance have been in force; and I think it might be of instead of to five in order to ascertain the law interest to the public to make some remarks of Bankruptcy, while if one refers to any of the upon them. As the new edition of the Ordin- old numbers in the chronological table contained ances of this Colony has now been brought into in the third volume he sees at a glance where force, I should like to express the obligation it is to be found in the new edition. I may under which we, of the legal profession, feel further mention that to prevent difficulty in the
cases where forms ourselves to the late Chief Justice, Sir John
documents only references to the Carrington, for the care, the trouble and contain
old the ability he has expanded upon this most numbers, Section 12 of the Statute Laws useful work. At the end of December, 1900, (Revised Edition) Ordinance, 1900, expressly An provides 8.3 follows: Where in any Ordinance No. 36 of 1900, entitled Ordinance, to make provision for the Pre-enactment or in any document of what paration and Publication of New and soever kind, reference is made to an enact- Revised Edition of the Statute Laws of the ment repealed or otherwise affected by or under Colony," was passed, and Sir John Worrell the operation of this Ordinance, such reference Carrington, C.M.G., was appointed commis shall, where necessary, be deemed to extend and sioner to undertake the task, which, in spite of apply to the corresponding enactment in the ill health (causing his retirement from office), new edition.' It will also be observed that short and many difficulties, he has so successfully titles are affixed to the Ordinances in the new
COMPLIMENT TO SIE JOHN CARRINGTON.
&
++
or
other
|
ANNUAL MEETING.
The 15th ordinary yearly meeting of the shareholders in the Hongkong Electric Com- pany, Ld.. was held at the Company's offices. No. 4, Queen's Buildings, on the 16th inst. Mr. A. G. Wood (chairman) presided and there were also present Hon. Sir C. Paul Chater, C.M.G.. Hon. W. J. Gresson (directors), Hon. Gershom Stewart, Messrs. E. ¡W. Terry, C. W. May, J.W.C. Bonnar, G. T. Veitch, J.Wheeley. G. de Champeaux. J. Galt. H. F. Carmichael, N. Mumford and W. H. Wickham (manager).
The notice convening the meeting was read.
The CHAIRMAN said-Gentlemen.--The re- port and accounts have been in your possession for some time so I trust that I may take them as read. The directors have placed before you what I hope you will consider satisfactory accounts of another year's working, as the balance at credit of profit and loss amounts to 893,967.77. or nearly $12,000 more than last year. We are, therefore, able to propose a dividend of 10 per cent, an advance of one per cent. over last year, to write off for depreciation $44,222.11, and carry forward $1,747.66. With regard to the amount thus written off for depreciation I have only to confirm the remarks that have been made on the subject at our previous meetings. The liberal provision we have been able to make has not proved excessive, but has proved requisite to keep our accounts in the satisfactory position in which I think they are shown to be. In consequence of unforeseen accidents to our underground cable early last summer, which caused some regrettable incon- venience to many of our clients, we have found it necessary to lay a new and duplicate cable along the Kennedy, Macdonald and Robinson Roads, and we trust thereby to have rendered ourselves free from any fresh interruptions to our service. A large proportion of its cost has been debited to plant in the accounts now before you, as has also the cost of two new boilers which have been added to the works. They are provided with smoke consuming apparatus, and the same is being fitted to the other boilers, so we trust to be no longer offenders in the way of smoke nuisance (Applause). A new machine has just arrived from home, and is needed to enable us to keep pace with the growing requirements of our service, which has met with further extensions during the year, and we are now supplying the equivalent of 27,500 lamps of eight-candle power, and twelve electric lifts. Arc lamps are 85, the same as last year. Our Manager, Mr. Wickham, has resumed his duties; a good portion of his holiday was spent in the service of the company and we trust to benefit by the results of his inquiries into the latest processes of electric lighting and application of power. We have in progress some expenditure on capital and plant accounts and have further improvements under consideration. If their adoption is decided upon we may have to call on shareholders for the remainder of the unpaid capital of the company during the course of the year, but these matters are not yet sufficiently advanced for me to say anything positive on the subject. Has any shareholder any remarks to make?"
There were no questions.
The CHAIRMAN moved that the report and accounts be adopted and passed.
Mr. G. T. VEITCH seconded and the motion was carried.
Mr. E.W.TEREY proposed, Mr. J. WHEELEY seconded, and it was agreed, that the appoint- ment of the Hon. W. J. Gresson and Mr. E. 8. Whealler to the Board of Directors be con- firmed.
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