November 9, 1908.)
Thursday, November 5th,
IN BANKRUPTCY.
BEFORE HIS HONOUR BIR FRANCIS PIGGOTT ( CHIRE Justice).
PETITIONS FOR RECEIVING OR DIES.
Be Wai Lung Shan.
Mr. B. D. Atkinson (of Messrs. Descon, Looker and Deacon), who appeared for the petitioning creditor said the debt was $622.50, As far as could be ascertained the liabilities amounted to $30,000 and the assets totalled $2000 cash, which was now in the hands of the Official Réceiver. There was a chance of additional assets being forthcoming, but it was impossible to make an affidavit on them with any certainty at present.
His Lordship-When are you likely to have these assets ?
Mr. Atkinson-I am trying to get them as soon as I can. The debtor has certain monies owing him outside Hongkong, but he is willing to put them in as assets in order to fix things up as well as he is able,
His Lordship-What is the act of bank. ruptoy?
Mr. Atkinson-Bsing out of the Colony and remaining out of it with intent to defeat and delay his creditors.
His Lordship-Has he ever been here ? Mr. Atkinson-He was a compradore here for sometime.
His Lordship-I don't see how a man can remain out if he has never bean in.
Mr. Atkinson-He has left the Colony and remained out of it.
His Lordship-You have not shown that he was ever in the Colony.
Mr. Atkinson-He could not very well file a petition here if he had never been here,
neither could he have contracted debts.
His Lordship--This is a creditor's petition, and you don't allege that he was over in the Colony.
Mr. Atkinson-It is a well-known fact that he was a compradore here.
His Lordship-I do .'t know it
Mr Atkinson—fe is domiciled here. His Lordship-He might have been in Kamschatka all the time, and yet be domiciled here.
Mr. Atkinson-He was before your Lordship and gave evidence in the Hongkong Bank osae.
His Lordship-In connection with the ques- tion of domicile, I think as it has been mentioned that I ought to warn the profession that it is very doubtful whether ny Chinese are domiciled in Hongkong. except perhaps a few whom we know quite well. They have to get rid of the desire to return to Canton,
Mr. Atkinson-They must get rid of that desire before they are properly domioiled P
His Lordship-Yes.
Mr. Atkinson-It is impossible to prove whether they are domiciled or not in that case.
His Lordship-That is what I say
Mr Atkinson-Suppose he was 8 British subject-born here?
His Lordship The desire to return to Canton is so strong that I doubt very much whether it is possible for a Chinaman to be domiciled here.
The application was granted.
Be the Wa Hop Tong. Mr. L. Almada (of Messrs. Goldring, Barlow and Morrell) who appeared for the petitioning
oreditor, said the debt in this case W88 $3,822:35. The liabilities were $11,500, the assets $5,000, while the set of bankruptoy was notice of suspension of payment.
The petition was granted.
Re Chan Yue Shan.
Mr. Crowther Smith (of Messrs. Almada and Smith) represented the petitioning creditor.
Mr. Kong Sing said he appeared to oppose the petition on the ground of domicile jast mentioned by his Lordship.
Mr. Smith said the debt was $3,200. The assets were placed at $14,000 or thereabouts, but since the petition had been filled the stook had been sold and realised about $9000. The liabilities were approximately $20,000 and the sot of bankruptcy was notice of suspension of payment.
CHINA OVERLAND TRADE REPORT.
Mr. Kong Sing mid he had filed a notice of opposition to this petition for a judgment creditor who had attached the property of the debtor,
Mr. Smith said no one had a right to appear in opposition to the petition except the debtor. The judgment creditor had no right to appear.
His Lordship—Where do you get that ? Mr. Smith-Can my friend give me his authority ?
His Lordship - You stated the proposition. Mr. Smith-The Ordinance does not give my friend authority to appear. Nothing can be done except what the Ordinanss provides.
His Lordship-Supposing your petition is not accurate?
Mr. Smith-Let the debtor come and prove that.
His Lordship-A creditor who was interested might want to object very much to what be might think was a friendly arrangement, and be might wish to show that some of the state- ments made were untrue
Mr. Smith-I think the public examination would be the time to do that.
Mr. Barston referred his Lordship to section 10 of the Bakruptcy Ordinance where, he thought, strong reason was given why the creditor should have the right to appear. After a receiving order had been made, alt remedies were debarred.
His Lordship-If the creditor is interested when can he raise the question if he cannot bring it up now!
Mr. Smith-I don't see why he should raise the question really.
His Lordship heard Mr. Kong Sing, and after the petition had been read, said there must be so issue directed to try the question.
Re Chan Ab Kam.
Mr. E. J. Grist (of Messrs. Wilkinson and
Grist) appeared for the petitioning creditor, and Mr L Almada represented the debtor.
Mr. Grist said the debt was $1,500; the assets were $5,500 in Court, and $10,000 debts dua. The liabilities were estimated at $44,000,and the sot of bankruptcy was notion of suspension of payment
Granted.
Be Wong Ting Chi.
Mr. Koog Sing represented the debtor who was one of several purtoers trading ander the name of Ke Cheong. A declaration filed said the liabilities of the Kip Cheong were $8,000, and the assets $4,7.0, but debtors share wat only $500.
His Lordship-What is going to happen? Is this the bankruptcy of the Kee Cheong?
Mr. Kong Sing-No, the bankruptcy of the debtor. He has other debts than those of the Kee Cheong, and cannot pay them.
His Lordship-Be bas said nothing abou' the others.
Mr. Kong Sing applied for an adjournment, and his Lordship said he would take the matter in chambers later.
Re 8.M.E. Allana.
In this case Mr. C. F. Dixon (of Messra, Hastings and Hastings) repressated the debtor, and Mr. Otto Kong Bing appeared to oppose the application.
Mr. Dixon said the debtor had filed a de- Also claration of inability to pay his debts. a petition asking that a receiving order bå
were
|
made against him, and that he might be adjudicated bankrupt. His as els amount- ed to $12,600, the proceeds of the sale of the stock-in-trade,, book debis and good will of his business. The liabilities not stated, as this was not necessary in a debtor's petition. It was sufficient for the debtor to file a declaration of insbility to pay bis debts, All that his Lordship had to be satisfied about was that there were assets,
His Lordship-I must know that there are liabilities also. The Court can refuse an order unless there are substantial assets to share among the creditors. If the abilities twelve million there would not be substantial assets.
were
Mr. Dixon-Bat the liabilities are not twoire millions; the liabilities are about $20,000.
Mr. Kong Sing—On the question of assets
835
Mr. Dixon-I object to Mr. Kong, Sing appearing. There are no papers on the file and he has not given notioë,
Mr. Kong Bing-I have not given notice because this petition was put on the file only two or three days ago. I have not had time to consider my position, and think I am entitled to ask for an adjournment to enable me to fle papers. If your Lordship will notion, the debtor'e statement of assets is problemationl. He offers to pay the creditors $400 a month out of the sale of his business.
His Lordship (to_Mr.. Dixoa)-You want to get the protection of the Bankruptoy Court for an arrangement with the creditora.
Mr. Dixon-This was a bona Ade male. If the debtor does not pay, the Official Roosiver has his remedy. He can suc. Your Lordship fre- quently makes receiving orders on debts.
His Lordship-On recoverable debts. Mr. Dizon-This is a debt das from one
mad.
His Lordship -Which may never be paid! I will adjourn the application until next Bank. ruplay day.
Mr. Dixon-Next Bankruptcy day may be a long time. It is a long time since we had the last.
His Lordship said it would not be long, and adjourned the application.
ANNULLENT OF ADJUDICATION. Re Chan Maa Chi and Wing Ki Cheung. Mr. Kong Bing stated that this was an application to rescind a receiving order. Chan Mau Chỉ was a partner in the Wing Ki Cheung and his liabilities were the same as those of the Wing Ki Choang. That firm had now paid off its liabilition, and Chan Mau Chỉ wanted an order made rescinding the receiving order.
His Lordship- l'he Wing Ki Cheung bank ruptoy is finished then ?
Mr. Kong Bing-Yes, and the composition paid.
The Official Roosiver stated that he had no
objection, and His Lordship maie the required
order
Friday, November 6th.
IN SUMMARy JurisdiotION.
BEFORE Hts Honous MR. H. H. J. COMPARTE (Acting Puisan JUDGs).
PRESENTS OR PURCHASES ? The caw in which 8. E. Allans sued Mim
M. Hayden to reduver payment for gooda mold was concluded yesterday.
Mr. G. E. Morrell" (of Messrs. Goldring, Birbw and Morrell) who represented the defendant, sail he understood the plaintiff did not wish to proceed with the action, and he had not paid the defendant the day's costs which the Court ordered.
His Lordship entered judgment and costs for the defendant.
DOUBTFUL PROCEEDINGS. The action was mentioned in which the Indo- China Stam Navigation Cs, were sued by Yun Wao for the recovery of $1,900, damages for the death of his wife, who was killed as the result of a co`lision.
Mr. Otto Kong Sing appeared for the plain: tiff, and Mr. Davidson (of Mesure Hastings and Hastings, for the defendants.
Mr. Davidson asked his Lordship to strike oat the action as the proceedings were defeo- tive. The action was brought under Ordin- sacs 3 of 1899 and was a case which should
have
If
been brought by the executor. there was no execator the action might be brought by one of the beneficiaries, but la that oase particulars should be flied with the writ, giving the names of the other beteficiaries on whose behalf the one was suing. As they stood the proseedings were bad, and should be struck out. Section 6 said that the plaintiff was required, on taking out the writ of summons, to deliver to the defendant full particulars of the person or persons on behalf of whom the action was brought.
Mr. Kong Sing contended that the objection was not good because it might bs in this case that the only beneficiary was the plaintiff.
His Lordship-It is not too late to farnísh particulars now.
Mr. Kong Jing asked for an adjournmenty which was granted.
No comments yet.
Private notes are available after approval.