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September 16, 1907.]
Mr. Goldring-That is what we admit having received.
His Lordship (to'defendant)——~How much did you owe him when he gave you a receipt for $58:P... $90.
Why should he let you off the debt altogether on payment of so small a sum ?-Because, he knew I was out of work.
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His Lordship-Oh! There is much brotherly love among the Chinese. Judgment and costa for plaintiff,
Mr. Goldring-I would ask your ordship for immediate execution. This man is one of the most notorious litigants in the Colony.
His Lordship-Yes, I know him. The application is granted.
Thursday, September 12th.
IN BANKRUPTCY.
Before Mr. A. G. WISE (PUISNE
JUDGE).
DEBTOR RELEASED FROM PRISON.
Be Chan Bui-hon. Mr. C. F. Dixon (of Messrs. Hastings and Hastings) again applied for the release of the debtor while Mr. H, G. C. Bailey (of Messrs Johnson, Stokes and Master) who represented some of the creditors, appeared to oppose it.
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His Lordship (to the Official Receiver) What do you say, Mr. Kemp?
The Official Receiver-Mr. Dixon is going to call two witnesses.
His Lordship-I don't think it will be necessary. I am going to let the debtor out.
Mr. Bailey-Might I ask your Lordship on what grounds you come to this decision?
His Lordship-Because I don't think he ought to be in: that's all. Is there anything else to be done in this case now?
Mr. Dixon-I understand the Official Re. ceiver does not want to question the debtor further, so I would ask your Lordship to make an adjudication order.
His Lordship made the order and closed the public examination,
THE REMAINING PARTNER.
Re the Fuk 8 n Cheong firm, The Official Receiver continued this public exami ation.
Chan Sui-shum said he was a partner in the Fak Sun Cheong firm of pig dealers. He only knew of four other partners. The managing partners left the Colony at the beginning of the second moon, and could not now be found. The other partners had also returned to the country. The firm's assets were about 89,000 and its liabilities 813,800. The bankrupt firm sold pigs on behalf of customers, and.paid them by bill of exchange or by cash.
His Lordship closed the examination and made an order for adjudication.
HOTEL FAILURES,
This was another public examination, which was conducted by the Official Receiver.
Au Ka-po said he was the proprietor of the Occidental and Baltimore Hotels, and was at one time employed in the Hongkong Hotel for
· twelve years.
After that he went to the Victoria, where he remained for five years. He had a share in the latter hotel. Later he went to the Peak. Hotel as compradore, and had a share in that Hotel. He leased the Occidental Hotel in May 1903, and an it for eight months at a loss. Then he transferred it to Mr. Matthaey under a sub-lease. When Mr. Matthaey failed, debtor took over the hotel again; his agreement said he must do so. Twice Mr... Buttonjes sued him, but it was finally settled that he should carry on the Hotel It was in June 1905 that debtor took over the Hotel Baltimore from Messrs. Price & Co. He paid $8,00. His failure was due to losses every month on both businesses.
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Mr. B. G.. Jordan, sworn, said he was the manager of the Occidental and Baltimore Hotels. During witness's management the debtor lost about $13,000 on the Occidental, and about $8,000 on the Baltimore. The rent of the Occidental Hotal was a $1,000 a month, and $1,300 odd was · paid for furniture and fittings: $2,000 cash was paid for a.publican's licence taken over from Matthaey; and $5,000- fo Buttonjes for rent.
The Official Receiver-Are there suy special reasons why the Occidental did not succeed P-I should imagine the business was spoiled by the
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CHINA OVERLAND TRADE REPORT. present position of the ferry. · Another reason which proved itself during my management was the opening of a garrison sergeants' mess right opposite between the Kowloon and Occidental Hotels. Many civilians were made honorary members of this mess,
When did the mergeants' mess open ?-About the middle of June.
Of course they could under sell you ?—Yes. Do you know if they got their drinks very cheap?—I couldn't say, but I know the firm serving them were catering for a monopoly of the sergeants' messer. This mess was managed and run by a secretary and a treasurer.
Were they all sergeants you saw there ?-No, Two sergeants and one private or corporal. The atter had his coat off assisting.
You didn't see any civilians there!-I saw plenty of people in civilian clothes.
Have you ever seen any privates or corporals there?—I have never seen any in there, but I have seen two served through a window.
Being a club they can sell more cheaply? -Yes, a glass of beer for which a man pays 20 cents in the Occidental can be had for twelve cents in the sergeants' mess.
Since the orening of this moss have you noticed any difference in your takings -The takings in the service bir, which is patronised practically by soldiers and sailors, used, to be from $25 to $35 per day, cash. Since the 19th June, when the mess was opened, they have dropped from $5 to $10 a day.
You don't think it is possible, now that the ferry is changed and the mess opened, to ran the hotel at a rent of 82,000, and a licence of $2,000 a year?-No. And the house is not in fit condition to be run as a hotel.
What state of repair was the place kept in externally ?-Very bad. The west end of the roof was always leaking when it rained:
You had some trouble about the drains, didn't you ? Yes, Mr. Rattonjes occupied the rooms on the top floor of the west end of the hotel, and all the doors leading from the hotel were barred and nailed up, so it was impossible for me to look after the cleanliness of the drains. I called his attention three times to the fact that the drains were choked.
Didn't Ruttonjes do anything to improve them? Not until I wrote to the Sanitary Board, and they notified him to have the pipes cleaned.
Debtor said he attributed his failure to the hotel businesses being bad, to a falling off of business from Manila, and to the low prices of the Hongkong Hotel. Do you agree with that?—Yes.
The examination was adjourned,
A BANKRUPT IMPRISONED.
Re Leung Ngan-pan ex parte the debtor. This public examination was continued. Mr. H. W. Looker (of Messrs. Deacon, Looker and Deacon) and Mr. B. Harding, appeared on be- half of certain creditors.
Mr. Looker said the chief object of the question he was instructed to ask the debtor was to see whether or not he had committed an offence under section 82 of the Bankruptcy Ordinance subsection O.
His Lordship-That is for a jury to find. I an not going to send any man to jail unless he has been tried.
Mr. Looker-If your Lordship thinks an offence has been committed-
His Lordsbip--Thon I can order a prose- cntion, but I am quite against summary proceedure. I let a man out this morning.
Mr. Looker-It may be necessary that a jury should decide, but it is also clear your Lordship has power, if you think there is an offence, to order the debtor to be committed to prison NOW. We say the debtor has omitted an important part of his property from his state- ment of affairs, in that he is considered to have certain property in Canton. The section under which your Lordship has power to arrest him at once is section 24, subsection E. His Lordship-Under that I let a man out this morning.
Mr. Looker-Hitherto the practice has been
His Lordship-Not hitherto. Only for s short time--about two years.
Mr. Looker--Our Ordinance differs materially from the Ordinance at home.
His Lordship-That section is the same.
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Mr. Looker-Yer, but in other respects it differs. Then, of course, under section 84 your Lordship can order a prosecution.
His Lordship-That's another point. Leung Ngau-pan was then examined, by Mr. Looker. He said he dealt in goods himself and also on commission. When he purchased goods for export to other places he mostly purchased them himself. When he shipped goods from the Colony it was his practice to draw on the bank. With this money he paid debts, or put the money out at interest. When the time came to pay the person from whom he bought goods he sometimes used the money received from the bank: sometimes he used it for other purposes. He had had many transactions in sugar with the Yuen Fat Hong, but did not always pay cash on delivery. This year it had generally been ready cash, but not so last year although he could not r member the dates when he obtained it on oredit.
Do you know Lan Ching-po of the Yuen Fat Hong?—Yes.
Did you hear him say a' the Police Court he never gave you sugar on credit?-He was speaking falsely.
Debtor, continuing, said he took delivery of 389 baskets of sugar од June 14th, and payment was due on the 28th or 29th. Two days after he took delivery he bypothecated it to the bank, and gave the money to the French Bank. On June 23rd he saw I su Ching-po at his shop. The latter asked for payment and debtor said he would pay him next day. On the 24th he filed his bankruptcy petition. On May 26th debtor bought 1,000 bags of rice from the Kwok Tak Pat. This he got on credit, took delivery of a number of bags which he shipped out of the Colony, drew on the bank and paid some debts with the money, bat did not pay in to the Kwok Tak Pat, He also got a quantity of rice from the Shun Tak Fung, but did not pay them. On June 9th he bought 500 bags from the Tak Cheung firm on credit of them, took delivery on the following day and shipped the rice to Shanghai. He drew on the bank but did not pay the Tak Cheung. He also obtained money on rice obtained from the Ma Fat Yee, but had not paid the said firm for the rice. Debtor also obtained various quantities of rice and sugar from other firms enumerated, but in no instance had he paid for it.
He always paid previous debts with the money obtained from the bank.
Now then, do you remember telling us just now that you bought 1,000 bags of ice from Man Fat Hong on June 13th ?—Yes.
That was for cash on delivery ?—No. This is the contract is it not? Read it! Debtor reads.
Now, it is a cash transaction is it not ?----
But the custom is to allow from a week to ten days for payment, and that is considered as cash,
Yes, but if they like to ask before the end of the week they are entitled to do so?—It can be done, but it is never done.
His Lordship-He is setting up a custom. Mr. Looker-All these goods I have asked you about were sent to the Fat Hing firm in Shanghai ?—Yes.
Have they paid you ?—Nɔt in full. Anything ?—They still owe me some $50,000
odd.
Do you mesa to tell me they have paid you anything at all?—I have a running account with the Fat Hing and each lot of goods is not ear marked.
The Fat Hing is the same firm as your own, is it not?—No.
Have not you got their signboard ontsida your shop?-It is only hung there because I act for them.
Who is the man who owns the Fat Hing ?- My son and some of his friends have shares in it. And your son manages it?—He is the man- ager.
Where is he now ?—In Shanghai. Is the shop still going ?—No, it closed zomewhere about June 25th.
His Lordship-The son followed the good example of his father !
Mr. Looker-You filled your petition the day before the Fat Hing closed; is that right ?—Yes. Did you go to see one, Wong Tax Cheong. the Sunday before you pres nted" your petition ?—Yes.
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