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July 30, 1904.]
firm's debts which was satisfactory to all the debtors. This application was refused. In his affidavit he put the number of Chinese debtors at 36; but up to date 47 had proved their debts, and the number set out in the settlement was 72, while at the confirmatory meeting 44 Chinese debtors voted.
His Lordship said that if he had allowed the application he would have been acting on a false affidavit. It was stated that this declaration contained the names of all the creditors, whereas it only contained half. It showed how very careful one, ought to be in making out such afidavits.
Mr. Harston stated that when he drew up the affidavit he did so on the information supplied to him.
He did not know anything about there being 72 debtors instead of 32.
His Lordship said he did not suggest that Mr. Harston did know, but it showed how careful one ought to be in drawing up affidavits unless one knew all about it.
Mr. Harston proceeding to read the Official Receiver's report said it was the stated that Tung Chan was an old-established firm of sugar merchants trading between Java, Singapore and Hongkong and North China and Japan. The manager declared that he was not a partner and had no interest in the firm except as manager. The insolvency was attributed by him to the falling prices of sugar, the closing of ports in the North owing to the war, and loss on exchange. The assets amounted to $511,185, and the liabilities were said to amount to 8842, 92 of which $70,000 was secured. Preferential claims for rent, wages, etc., amounted to $17,667, and the unsecured debts upon which the 66 per cent, was to be paid to 8724,525. Goods" to the value of $78,208 had already been sold under contracts still good. The remainder of the goods in possession of the Official Receiver had been valued by the manager at 8381.494 but Messrs. Goddard and Donglas reported that the value in their opinion was 8537,685. Deducting the sum of $37,667 to be paid to the secured creditors there was left $499,118. The 66 per cent. to be paid to the unsecured creditors amounted to $478,186, and there was therefore an apparent surplus in favour of Un Oi Yu of $18,932. Un Oi Yu stated that he expected to lose $30,000 on the transaction, which loss he was willing to undergo for the sake of his late brother-in-law Chu Lee, of the bankrupt firm, and it was that state- ment which no doubt had influenced the creditors to accept the composition. The main objection to the proposal was that the whole of the assets, amounting to over half a million dollars, would be banded over to Un Oi Yu without his having to pay anything whatever in cash and with no security except that of himself and his firm. The Official Receiver said he had asked him to pay half the composition in cash, but he declined to do this and adhered to the terms of the composition. All the creditors believed in the integrity of Un Oi Yu and of his firm, and that this com. position was for the greatest benefit of the creditors. The Chartered Bank and the Hong. kong and Shanghai Bank were both in favour of this composition.
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Mr. Looker said the Chartered Bank was in favour, and he thought the Hongkong and Shanghai Bank as well.
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CHINA OVERLAND TRADE REPÓRT.
stood the Offcial Receiver thought it would be in the interests of the creditors that this should be allowed.
The Official Receiver said he did think so. He had seen a great many of the creditors and they told him it was their wish that the scheme should be carried through.
Mr. Hareton added that he held proxies for creditors representing 8635,000, and they were all in favour of it.
Mr. Looker stated that the Chartered Bank were creditors to the extent of 845,000 and the Hongkong and Shanghai Bank to the extent of $56,000.
His Lordship remarked that this was a curions way of doing business. He could not remember a case where a number of promissory notes were given in exchange for substantial assets. Still it was a matter for the creditors themselves. They all wished it, and if there was any loss it would fall upon them. He could not fairly sak the gentleman who proposed this to do something different from the composition. Mr. Harston was afraid that he would not consent to anything else.
His Lordship sid that in that case he might say he approved of the composition. The application was made by the petitioning creditors. If it had been made by the debtors he would not have sanctioned it.
The Court adjourned.
HONGKONG SANITARY
BOARD
A meeting of the Sanitary Board was held on the 28th inst. in the Board Room. Dr. J. M. Atkinson presided, and there were also present Hon. P. N. Jones (Vice-President), Hon A. W. Brewin, Registrar-General; Colonel W. E. Webb, R.A.M.C.; Mr. Lan Chu Pak, Mr. Fung Wa Chun; Mr. A. Rumjahn; Hon. H. E. Pollock, K.C.; Dr. W. W. Pearse, Medical Officer of Health; Dr. H. A. Macfarlane, Assistant Medical Officer of Health; and Mr. T. A. Hanmer (Secretary).
The minutes of the previous meeting were confirmed.
A CONTRACTOR.
An application from Mr. Wong A Chi, contractor, requesting that his name be placed the list of authorised contractors WAS considered.
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Hon. REGISTRAR-GENERAL, sald it would be well to find out definitely whether or not premises were to be used by Europeans. Wz closets of this description, were as a rule only allowed in clubs and buildings occupied by Europeans.
Hon. POLLOCK agreed with Hon. Registrar- General
Col. WEBB advised that the drains be tested so that there should be no leakage.
The PRESIDENT said, that the sewer, would be very short in length; the drains were tested. It was decided to find out definitely what class of people were going to occupy the building.
APPLICATION GRANTED.
Further correspondence re the application for
■ modification of the requirements of Section 153 of the Public Health and Buildings Onlin ance, 1909, in respect of a room in the servants' quarters of No. 15, Queen's Road Central, was | laid on the table.
The application was granted conditionally,
BACK YARDS.
Applications for exemption from the require Buildings Ordinance, 1903, in respect of back ments of Section 175 of the Public Health and yards of Nos. 3, 5, 7, and 9. Gage Street, was
considered.
A modification was required regarding No. 8 and exemption was granted.
'IMPUDENGE.”
An application for a modification of the requirements of Section 180 of the Public Health and Buildings Ordinance, 1908, in respect to the back-yard space of Nos. 4, 6-and- 8, Straight Street, Sham Shui Po, was con-
sidered.
Mr. Rumjahn minuted: A very impudent attempt to get over the required open space The total area of space provided amounts to only 513 square feet for a roofed over area of 3,225 square feet. Refuse application.
Hon. Registrar-General minuted: It would be better to resume these lots and lay them out differently.
Hon. D. P. W. minuted: Is it possible to build in accordance with the ordinance:?
Mr. RUMJAHN said he thought this a pisos of barefaced, audacions impudence ; and he want into details showing that the applicants were: trying to evade the sanitary conditions laid down by the Ordinanos.
The PRESIDENT after a little, time said it was not necessary for Mr. Ramjaha to::go
The application was refused.
The applicant in his letter stated that he has been a contractor in connection with Govern- | further. ment sawers since 1902.
The application was granted.
THE NEW HONGKONG HOTEL BUILDING. An application for permission to erect 24 water-closets and seven urinals at the new building for the Hongkong Hotel Co.. Re- clamation Marine Lot No. 7, was considered.
Hon. D.P.W. minuted: It would be as well to know whether this (the proposed) well failed last dry season, and what is the depth of it, and the approximate yield in the winter months. Some of the Prays wells are not inexhaustible.
The PRESIDENT said that a report had been received from the Surveyor saying that none of these reclamation buildings ever went short of water in this respect. The well for the new building had not yet been sunk. He moved that the application he granted conditionally.
The application was so granted.
APPLICATION FROM PEDDER STREET. An application for permission to erect air water-closets and three urinals at No. 2, Pedder Street, was considered.
Mr. Rumjahn minuted: Grant subject to an independent supply of water being obtained for flushing purposes.
Col. Webb minuted: Grant provided the sowers are first tested, and found to have no leakage.
His Lordship remarked that he saw the position exactly. The difficulty was that the creditors, knowing all the facts and being in favour of accepting this composition, were going to part with the available assets and get promissory notes in exchange. He took it, however, that when the Hongkong and Shang- hai Bank and the Chartered, Bank were in favour of it they must know perfectly wall whether or not this man who was wishing to give the promissory notes was a man who could be relied upon. If they were satisfied upon these points and the creditors were in favour he did not think it would be right for him to step in and prevent this arrangement being carried out. He understood this was a bank- ruptcy affecting other parts besides Hongkong; it was a large firm having branches in different places. « «It was a very complicated matter, but if the creditors were in favour of this scheme being carried out, and it was carried by the requisite majority and confirmed later on, he thought, in view of the report of the Official | Receiver, that he should allow it. He under supply.
Hon. Registrar-General minuted: The danger of water-alosets is now generally admitted. Is it not feasible to have soil removed from a build- ing like this by coolies?
The PRESIDENT explained that if these pre- mises were used as apartments they would accommodate 25 Europeans and Americans, and if they were used as offices about 25 Europeans would be employed there. The premises belonged to Messrs. Jardine, Matheson & Co. and they proposed to have an independent. water
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A DIFFERENCE OF OPINION. An application for exemption from complying with the requirements of Section 154 of the Public Health and Buildings Ordinance 1908, in respect of the top floor of No. 209; Queen's Road East, was considered.
The M.O.H. minuted: I think. the Board should refuse, as a skylight can easily be put in : to light the cubicle and render it a legal room
Mr. Rumjahn minuted: The premises in question are far bettarlighted, and ventilabad than most of the buildings situated in narrow- lanes recommended by the M.O:H.for exemption.
Col. Webb minuted: Lagree with the opinion given by the M.O. H.
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Mr. Lau Chu Pak minuted: The Chinese have been given to understand that where they have an eight-feet, yard, or a side-lane of that. width, they could apply for exemption. I am in favour of granting this application.
Hon. Registrar-General minuted : L. agree. with the M.O.H. Who gave the Chinese: to understand?
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Hon. D. P. W. minuted: Ithink the number. of skylights should be kept down. They have. a tendency to weaken the roof, or at any rate to - give a better chance to a strong winds «I have: : been endeavouring to have them built of a uniform and special type where they are neDGE- sary.
Mr. Rumjahn spoke at some length of the application. It was decided to matter stand over till next meeting, kunst
BETWEEN:TWO(FIRERƏ BİR Oj An applications for maɛmodifiontion of}{ requirements of Buation: 180; Babydoutlow (b) of the Public Health and Buddi Ordinamon,: 1908, in respect of the house or Let Nos 122, facing-Peel Street,
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