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Wednesday, 5th July.
IN SUMMARY JURISDICTION.
THE HONGKONG WEEKLY PRESS AND
paid by the defendants and fresh goods ordered, till now the balance due was the amount claimed.
Mr. Bevis said that the defence was that in
BEFORE Mr. A. G. WISE (PUISNE JUDGE. payments made in notes, according to the custom
"WHAT DOES A CHINESE EDITOR WANT WITH A BATHROOM ?"
Chu Ling Kai, of 19, Jervois Street, journal- ist, sued Wong Lo Yat and Li Tai Sing, of 33 and 35, Gough Street, journalists, for $771.50, damages done to some manuscripts of his and to clothing.
Mr. C. E. H. Bearis (of Messrs. Wilkinson & Grist) appeared for the plaintiff, and Mr. Holborow (of Messrs. Deacon, Looker & Deacon) for the defendants.
of the trade, a certain commission was allowed. The defendants had made payments, but this commission had not been taken into considera- tion. Altogether payments had been made to the extent of 15,000, and the commission on this amounted to $300 odd; the balance due to the plaintiffs had been paid into Court. The rate of commission fluctuated according to the exchange rate allowed by the money changer. This custom had been upheld by His Honour. The case was adjourned.
Thursday, 6th July.
IN BANKRUPTEY.
THE LAI HING FIRM EXPARTE MA LEUNG PO.
[July 10, 1905.
the Wong Fung Company of Canton. It is the Wai Sing lottery for the whole of the Kwangtang province. Lau Kwo Shim, Lan Wai Chuen, Wai Loong San, Leung Seung Shim. Lo Chuk Chi and Wai Yuk comprise the Wong Fang. They bug the Wai Sing Government. monopoly from the Chinese The capital of this concern is $1,000,000,
by
mentioned. subscribed
the partners These last few years the Wong Fung have not had a good time, the places of examination having been changed, and there being fewer candidates to gamble. One amonut lent to the Wong Fung was $115.767. Last year we lent some hundreds of thousands, coming and going to the Weng Fing. It was a current account. I have promissory notes for the amount lent. The 8115.767 is in the current account; I have a note for an amount, $196,810. The Wong All the moneys money. pay back
The advanced were the moneys of the bank. Wong Fung paid me wages, having a share, a percentage of the profits.
The examination was adjourned for a week.
Chu Ling Kai, the plaintiff, said—I am 3 journalist, and was employed by Tam Sing Lum. BEFORE SIR F. T. PIGGOTT (CHIEF JUSTICE). Fang will This employment was to commence on the 3rd June. I went into the premises of the Sai Kai Kung Yik Po newspaper on that day, and had Next my goods placed in an unoccupied room. day, at about two o'clock, I heard a noise down below, and went to see what was the matter. I saw Wong Lo Yat and Li Tai Sing throwing my things about. I said, those things are mine; you should not break them. Articles were damaged to the extent of $771.50.
Cross-examined-Before I was employed by Tam Sing Lum I was editor of the Cheung Kwok Po. I gave one day's notice. I returned from Japan several years ago, and have been a literary man ever since. The place where I pat my baggage was "a room for washing faces."
Mr. Holborow-Did you know it was the bathroom of the old editor?
His Honour-A Chinaman! Mr. Holborow-Yes.
room
His Honour-Ahem! Cross-examination continued:-This
I did not know adjoined the editor's room. these two rooms were occupied by the two new editors. Tam Sing Lum said they were dis- missed. I did not place my baggage there to "aggravate" these two editors, nor did I stack the goods against the door of their room.
His Honour-Your defence is that plaintiff was trying to "aggravate"
defendants?
the the
This was a public examination by the Official Receiver. Ma Fat Ting, the managing partner of the Lai Hing firm said:-Our business was a gold-smith's slop and native bank. The partners I have given are Kwong Hey Tong, who is in the country, his other name being Kwong Lai Ting; Kwong Yu Toug alias So Yau Sai: Soon Lai Tong, who is in the country, his other name being Sam Che Wo; Mo Puu Tong, his other name being Lan Wai Chuen; Chen Ming Kee, who is at Penang, and myself. I am the only
Those are all the partners.
The business one at present in Hongkong. has been in existence some scores of years. I took it over in June or July 1898, from Wong Ka Chuon, as a going concern, with its assets and liabilities. The shares originally When were Tls. 100, taken over at Tls. 500. we took it over it was a paying business. I had been employed there long before I took it over. The new partners subscribed a capital of Tls 60.000. The gold-smith's business, dealing in gold leaf, was a profitable business, but the Lai Hing also did a large business in lending money. We received money on deposit. Some of it was used to buy gold leaf and some was let out on interest. The two accounts
were not kept We gave promissory notes as security for money.
When people paid in money we did not take an account of where they lived. Some of these creditors are in the country and some in the coast ports. The money due to our creditors is 8988,416, the whole of which is due for money deposited in the bank. All these sums are entered in the books. The average amount of money received during the year amounted to one or two million dollars. I knew the bank was in difficulties at the end of last
Mr. Holborow→Things bathroom and were damaged by water.
His Honour-I suppose they were angered and went in and kicked them about.
sepirate. were put in the
Mr. Holborow-My case is that this man went there and put his things slap across the doorway, so that it was impossible to get into the room.
His Honour-Then the defendants should have removed them without damage.
They had a right to put them out but not to cause unnecessary damage.
Mr. Beavis Certainly, my Lord. Mr. Holborow-But there is also the question of whether the defendants were the persons who damaged the goods. They were placed in the old editor's bath room.
His Honour--What does a Chinese editor want with a bath room? I expect it was used by the whole family. It was a cubicle, I sup pose, about as big as this desk. I do not think the things are worth much.
Mr. Beavis He is a literary person and has! spent years over the work.
His Honour-What the defendants did was very natural, and I do not say I should not have done it myself, but that does not say it was right.
Judgment and costs was given for the plain. tiff against the first defendant. Judgment was given for the second defendant and costs. The amount of damage done was referred to the Registrar.
SAM CHOY BRICK, TILE AND TIMBER CO. 1. THE WING WO Co.
This was a claim for $377, being the balance due for goods sold and delivered. Mr. Master appeared for the plaintiffs, and Mr. C. E. H. Beavis for the defendants.
Mr. Master said that the plaintiffs had been established in the Colony for a number of years. and did a large business. They had done an In extensive business with the defendant firm.
1902 a balance was struck of the amount owing to the plaintiffs by the defendants, and it was found to be between nine and ten thousand, dollars.
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China New Year. At the end of the previous year. as at every previous year. there was & profit. After I found we were in difficulties. I did not receive or lend. In the twelfth moon we did not receive large sums on deposit. l'he amounts down were only renewals of no es after the interest had been paid. I told them we could not repay the notes. Our assets amount to $1.200,00Todd, and liabilities $998,416. Our assets are in excess of our liabilities but we cannot get in the money out while the creditors are pressing. Some money is leat on security, at the Wai On Sang, $215,000. There is security for this on a contract, on sale of Marine lots 49 and 50, 1:8 and 129. By this contract I agreed to buy this property for $215.00, and paid $25,000 as
a depo it, knew that the property was used as security purchase to be completed in July, 197. Í for Ln Wai Chuen, as compradore of the Hongkong and Shanghai Bank. The $190,000 which was to have been paid in 1907 was paid on the 15th May, 1904, a few days aft r the contract was signed. I did so because Wai Lang Sau wanted the money. I gave him tha $190,000 and in exchange he gave me a pro- missory note but I got no security. No deed has been drawn up. I did not ask a solicitor if it was all right. Wai Chuen and Wai Yuk both signed as witnesses and property was handed over to me to collect the
the rents. I paid for the property subject to the bank's mortgage. I have sold one house to the Lai Fung for 855,000. No deed was signed, only a note. That was last year. The $55,000 I lent very large amounts to
# was paid to me. Since then various amounts had been
THE CHING HOP FIRM EXPARTE LEUNG SING WO.
This was an application for a full receiving order, an interim receiving order having been previously granted. With this case was con- solidated Case No. 35. in which petitioning creditors acted against the same debtor. Mr. C. E. H. Beavis (of Messrs. Wilkinson & Grist) appeared for the petitioning creditor, Leung Sing Wo; Mr. F. B. L. Bowley appeared for the petitioning creditors in N☛ 35, and Mr. Paget Hett for the debtor.
Leung Sing Wo, the petitioning creditor, said:-I am
a trader living at 24, Lower Lascar Road. The Ching Hop firm is indebted to me in the sum of $19,933.30. I asked them for payment on 7th June. I saw Li Wing, the master of the debtor firm, and asked him for the money. He replied that there was no money to pay anyone that day.
His Lordship Is that a notice of suspension of payment?
Mr. Beavis-He can also prove that the debtor made a statement as to hi; assets and
liabilities.
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I hear that the
The petitioning creditor-I went again next day, on the afternoon of the 8th, to look for Li Wing Cho. I said foreign firms are weighing out your cargo ; you must pay me my money. At present I have not got the money," he said; "Weighing out means that they wished to take delivery. The cargo was old iron and horse shoes in a godown. I said "You are letting the foreign firms weigh out all your cargo, and you will not have any to give me. He said: "I owe people
$160,000.
I asked him the value of his goods, and he said $50,000-worth, and people owed him money to the extent of $70,000, of which he could collect $30,00). I asked him if it would not be better to get the officials to divide and distribute it for him. He said nothing. I ask your Lordship to seize the property and divide
it.
His Lordship-There is no notice of suspen: sion, but that he was unable to pay his debts. The statement of the debtor that he was unable to pay his debts was not notice that he was going to suspend payment.
Mr. Beavis-The debtor is represented here, so there is no question of the debtor's anxiety.
I cannot pay His Lordship-All he says is
my debts."
Mr. Beavis-Suppose he says "I will not pay
my debts."
It is not that he would willingly go into bank. ruptcy, but whether what he says or does brings him there.
His Lordship-Yes, that would be stronger.
After long argument, His Lordship agreed to grant a receivin order, interpreting the reply of the petitioning creditor to the debtor thus-If you press me, I shall have to suspend payment, because my assets amount to so mach and my debts amount to so much.
Mr.
There was some argument as to costs. Bowley did not press for his costs, but desired
petition 35 on file. a consolidation having been granted, to have
His Lordship agreed to this, and as to the rest of the costs he said he would leave the
matter to the Registrar, and if there was any difficulty the matter could be referred to him in chambers.
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