186
THE HONGKONG WEEKLY PRESS AND
as between the trustee of the bankrupt estate ( and the Wing Fung Tai. The question ad- mitted in issue A was fully gone into and fought
HONGKONG GENERAL CHAMBER OF COMMERCE,
At a monthly meeting of the General Committee of the Hongkong General Chamber of Commerce held on Tuesday. 16th August. 1904, at 3.45 p.m.. Present:-Mr. E. A. Hewett (Chairman). Mr. D. R. Law (Vice-Chairman). Hon. W. J. Gresson, Messrs A. Haupt, N. A. Siebs, J. R. M. Smith, H. E. Tomkins, R. () Wilcox. Hon. R. Shewan (ex officio), und A. R. Lowe (Secretary).
MINUTES.
The minutes of the monthly meeting of the General Committee held on 12th July last were read and confirmed.
EMPIRE CABLES,
ont to the end in Suit No. 21 of 1900, in which the present bankrupt was then plaintiff and the Wing Fung Tai were then defendants, and was distinctly and finally determined by Chief Justice Carrington, as between those parties, in favour of the Wing Fung Tai, when it was decided that the lease was a valid and subsisting one for a term of thirty years from a day in October, 1895, therein called "lucky day." The effect of that decision is to estop the bankrupt Li Sheung, and the trustee of his estate, from impugning the accuracy thereof in any proceed- ings subsequent thereto. It was contended by Mr. Pollock that the determination of the ques tion raised in this issue was not necessary to the judgment of Chief Justice Carrington in favour of the Wing Fung Tai in Suit No. 21 of The following reply to the correspondence 1900, and that in consequence the judg-published in previous minutes was read:-- ment in that case in favour of the Wing Hongkong General Chamber of Commerce. Fung Tai does not bind the then plain-
Hongkong. 11th July, 1904. tiff or the trustee of his bankrupt estate in
SIR.I have the honour to inform you that subsequent proceedings. I do not concur in your letter of the 20th April last, and its en- that contention. I think it is clear from the closures on the subject of · Empire Cables,” has pleadings and from the Chief Justice's notes received the attention of the Committee. that the question of the validity of a certain lease then set up by the then defendant as entitling him as against the then plaintiff to the possession of No. 19. Jervois Street, for a term of thirty years--which is the self-same question as in this issue “À' was made and became and was considered by the parties and by the Court a necessary question to be determined in favour of the Wing Fang Tai before judg. ment in the then pending suit could be given in their favour as defendants. The judgment of Chief Justice Carrington in favour of the Wing Fung Tai in the Suit No. 21 of 1900 renders the question of the validity of the lease res judicata as between that firm and Li Sheung and the trustee of his bankrupt estate, because in that suit it was considered necessary to decide that question, and, to adopt the language of Mr. Best in his work on Evidence, 8th Ed. p. 542, was actually decided as a groundwork to
it.
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the judgment itself." I think the Wing Fung Tai are entitled to costs.
Mr. Pollook referring to the question of costs. argued that there were special circumstances in the case which justified the trustee in bringing | this action before the Court for definite deter mination, and he should not therefore be held liable in costs.
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His Lordship remarked that there was general principle that costs followed the event. It did not follow that because there were *pecial circumstances, that was to prevent the costs going to the successful party.
Mr. Pollock asked his Lordship to make an order that the costs of all parties come out of the estate in priority to the second and third mortgagees' charges.
Mr. Slade objected to this. saying such au order should not be made in the absence of the mortgagees.
His Lordship said the order would be that the trustee pay the costs and indemnify himself out
of the estate.
Mr. Pollock added that there was another issue-"What was the interest of Leung King Chuen and Luk Shan Ip at the present time in the house, No. 19, Jervois Street. Marine Lot 6A."
Who were the Wing Fung Tai? His Lordship said he had decided that the trustee had nothing to do with this lease, and there was no reason why the trustee should seek this informatiou. In view of his decision it was quite unnecessary for him to try the
second issue.
RECEIVING ORDER!
Chan Ching Po, alias Chan Tai, alias Chan Kwai, carrying on business under the style of the Hang Hing Tai, applied for a receiving
order.
Mr. F. X. d'Almada e Castro, solicitor, who appeared in support of the petition, said the assets amounted to $3.100, the greater part of which was recoverable, and the liabilities to $6,500.
His Lordship granted an order.
Capt. Parr, Acting Commissioner of Customs at Yatung, succeeds Mr. Brazier at Kowloon. and Mr. V. Henderson is appointed Acting Commissioner at Yatung.
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In reply I am directed to state that this Chamber has consistently sympathised with schemes having for their object greater facili ties for telegraphic communication from this Colony with all parts of the world, and more particularly with a view to a reduction in cost of messages.
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As you are doubtless aware, the trade of this Colony is of a cosmopolitan uature, and I am to state that the Committee are consequently not prepared to u iduly favour "all British routes, but rather are inclined to encourage trade in Cables" as recommended by the British Inter-Departmental Committee's Report Cable Communications laid before the Houses of Parliament in May, 1902.--I have the honour to be. Sir. Your obedient servant.
(Sd.) A. R. Lowe.
Secretary.
Cecil Bethune Esq.
Secretary. Board of Trade.
Ottawa, Ontario. QUARANTINE RESTRICTIONS AT SAIGON. The following correspondence was read :---- Hongkong General Chamber of Commerce.
on
Hongkong. 4th June, 1994. SIR.I am directed to inquire from, you relative to the Government notification here on the 7th inst. that 12 days quarantine had been imposed on arrivals from Hongkong. whether such regulation at Saigon applies to vessels of whatever nationality.
My Committee are anxious to be assured that similar treatment is accorded in the port of Saigon with regard to quarantine regulations as is accorded in this port to vessels, no matter to what nation they belong, which arrive from other ports declared here as infected with plague.
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[September 10, 190 4.
the local authorities as to any change in the quarantine restrictions. The same day I approached the local authorities, and was glad to hear that the said steamer merely inaugurat- ed the series of steamers coming under the new clansa of 48 hours' observation, which came into force from that date and was since notified.
Changes in the quarantine regulations have been wired by me to your Colonial Secretary as they came along. I have, etc..
(SⱭ.) J. L. O'CONNELL.
Vice-Consul.
The Secretary.
Chamber of Commerce. Hongkong. CLAYTON'S APPARATUS FOR DISINFECTING
SHIPS,
The following reply to the Government in quiry submitted at the last meeting was read :-
Hongkong General Chamber of Commerce.
15th August, 1904. SIR. -1 have the honour to acknowledge receipt of your letter of the ith ultimo relative to the question of the desirability of introduc- ing Clayton's apparatus for disinfecting ships in this port.
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It will be remembered that on 23rd January 192, the Medical Officer of Health minute, at a meeting of the Sanitary Board that the apparatus would be used on all steamers “leaving this port when plague prevails hore, and on all steamers arriving from plague- infected ports-only. however, with the consent of the shipping agents." My prede- cessor's letter to you, dated 24th February. 1902. stated that the Committee of this Chamber did not see under the circumstances the apparatus could be usefully employed here, at least so far as ships were concerned, as in the first place the use of the apparatus would inevitably involve the detention of steamers, and consequent heavy expense; and in the second place it would be impracticable, because in most cases vessels calling here have large quantities of cargo on board for ports beyond. this. There would be few ships on which it could be used without greatly interfering with trade and incurring great expense to the shipowner and possible serious loss to the owner of the goods on board.
On further consideratio), and after allowing for the presumption mentioned in your letter ander reply that other ports would be unlikely to insist on quarantine restrictions in cases where vessels had been fumigated by the Clayton process. the Committee feel compelled to adhere to their previous opinion.
I am to mention that the Port Health Offer of Singapore does not state under what condi. tions the apparatus is used nor the number of ships disinfected. and in view of the great variety of Chinese foodstuffs and general merchandise arriving on vessels calling here on the way to other ports, the shipping companies would be very chary of risking loss through damage to cargo by the S. O, 2 Gas, and further they would probably find that in cases where The favour of any relational information you the ships are not empty when fumigated, dead may be disposed to communicate will be much | rats under the cargo would cause much incon- appreciated by the Committee of this Cham-venience before the vessels arrived at their ber. I havs, etc.,
(Sd). A. R. Lowe. Secretary.
dest nations, as great difficulty will be ex- perienced in getting the pipes right dowu underneath the cargo in a full ship in order to
J. L. O'Connell Esq.. Vice-Consul for Great effect thorough fumigation and thereby compe, Britain. Saigon.
British Consulate. Saigon. 9th July, 1904. SIR.In reply to your letter of the 14th ult.. I have the honour to inform you that quaran- tine regulations imposed at this port are similar to all merchant vessels without any distinction of flag.
The imposition of 12 days upou arrivals from your port has been reduced to 48 hours' observation provided ships co ne with no cargo nor passengers, and it applies to arrivals from Hongkong. Canton. Amoy and Swatow.
As for vessels coming with cargo (with the exception of certain goods prohibited by Sani- tary Rules), they undergo 12 days' quarantine. passage included. The entrance of Asiatic passengers is prohibited. Mail steamers enjoy certain privileges of course.
I presume what made you think that French merchant ships had a more liberal treatment than vessels of other nationality is the case of I the French 8.8. huyes, which happened on the 17th ultimo, and consisted of but" 48 hours observation when there had been no notice from
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the rats to come up on top of the cargo.
The committees, however, see no objection to the purchase of a machine provided its use is confined to extinguishing fires on board ships. for which it is eminently suitable, but they question whether such fires are frequent enough to justify the maintenance of the necessary bargo and staff. In any case the Committee of this Chamber do not consider that the cost of the apparatus should be met by levying a fee on the vessels in which it is used. unless the desire to make use of it is entirely voluntary and not influenced by threat of quarantine restric -
tions.
It will be noticed that the Committee acknow- ledge the usefulness of the Claytou apparatus for fire extinguishing purposes, and are also inclined to view with favour its method of fumigation when applied to ships free of cargo. Probably the Government is already aware that one of the shipping firms already possess a fully equipped Clayton machine and others are likely to follow suit should sufficient uso ba found for it in this port. It therefore appears desirable that, for the present, the matter had
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