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ask for costs in the event of the Magistrate's decision being reversed. We feel that we have taken our trial and been discharged; and that therefore we cannot be brought to this Court, and made to pay the costs of an appeal by the Crown against the decision of a Magistrate who is a Government Official. The appeal, I understand, is on a question of law, which only concerns us in so far as it concern the com. munity in general. We leave the matter in the hands of your Lordships with the repeated statement that we appear here because we are summoned and under protest.
The Chief Justice-What the respondent has just said I am afraid we cannot take account of. The law provides that if one party is dissatisfied with the decision of a Magistrate, a case may be stated for the further opinion of this Court. So far as the question is concerned, the ordinance imposes the duty to stamp a receipt. On whom does it impose it? On the person who receives the money. Who is the person who receives the money? The person who ultimately receives it, i.e., the person to whom is it due, and to whom it is, in fact, and in law, paid. To hold otherwise would defeat the objecl of the Ordinance. The duty being im- posed on certain
18 his person, it duty to comply with the Ordinance. He cannot evade liability to the penalty by allow- ing other persons to physically receive the money on his behalf, and who may or may not stamp the receipt. I doubt very much whether a servant would be liable, but I do not express any opinion on this point. There is no question of complicity-merely a question of breach of the Ordinance, Therefore, am of opinion that the Magistrate's decision was wrong. question goes back to the Magistrate now to impose & fine.
a
The
The Attorney-General-I assume your Lord ships will remit the case to the Magistrate under section 109 ?
The Chief Justice-I think it is better that it should go back to the Magistrate as he knows the circumstances much better than we do. I will remit it back to the Magistrate to deal with in accordance with our opinion.
The Paisne Judge-In reference to the judgment of the learned Chief Justice, I have only to say that I think the principles "in the Attorney-General v. the Carlton Bank" fully cover this case. It does not seem necessary to express an opinion as to whether an assistant would be liable or not. Therefore I express no opinion.
The Chief Justice--Will the Crown press for costs?
case in
The Attorney-General-This is a which the master of a shop endeavours to escape liability to the Crown.
The Chief Justice-But the Magistrate being in his favour, I only suggest that perhaps you
won't.
The Attorney-General did not, and the Court remitted the case to the Magistrate with the expression of their opinion,
IN BANKRUPTCY.
BEFORE HIS HONOUR SIR FRANCIA PIGGOTT (CHIEF JUSTICE).
THE ALLANA ESTATE.
Mr. G. H. Wakeman, trustee in bankruptcy, said this case was adjourned in order that he might consider what steps should be taken with regard to a certain deed. He understood that another petition against the same debtors had been filed, and the time for hearing that Therefore he petition had not yet arrived. would ask his Lordship to adjourn the case for a week. The other petition filed altered the state of things, and it could not then be heard as the eight days after service were not up.
Mr. John Hastings (of Messrs. Hastings and Hastings) said he appeared for the petitioner in the first petition. He did not understand what these proceedings were, as his Lordship had made a receiving order.
His Lordship-An interim receiving order. Mr. Hastings-No. On my petition you made a receiving order.
His Lordship-Last time I think you argued that on presentation of the petition no other creditors had a locus standi. This case shows that on presentation of a petition other people may have a locus standi.
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THE HONGKONG WEEKLY PRESS AND
[November 28, 1908
Mr. Hastings-I don't understand how another; I submit it is his dwelling house also his ordin petition can be presented, for a receiving order ory residence. The question of his taking one
room or fifty, makes no difference. has already been made.
His Lordship-I don't see why not: they may have to be consolidated afterwards.'
The case was adjourned for a week.
A QUESTION OF DOMICILE. Re Chan Yu San,
Mr. John Hastings represented the petition. ing creditor, and Sir Henry Berkeley, K.C., who was instructed by Mr. Otto Kong Sing, appeared to oppose the petition:
Sir Henry Berkeley asked that the petition be dismissed on the ground that the personal requirements of the Bankruptcy Ordinance had not been fulfilled in the case of the debtor so as to render him liable to the jurisdiction of this Court.
His Lordship-I think the case now stands with Mr. Hastings.
Mr. Hastings--Your Lordship adjourned the case on the last occasion for further evidence, and directed that the Kwong Mau shop should be subpoenaed, so I suppose they must be called. Sir Henry Berkeley--I take this objection to shorten the preceedings. Unless the evidence is directed solely in support of the petition, then there is no need to call any evidence. petition rests its claim to the jurisdiction of the Court on the allegations that the debtor had a place of business in Hongkong.
The
His Lordship-There is an issue directed to see whether the man comes within the jurisdic- tion of the Bankruptcy Ordinance. The issue is really raised by your client, and he says this man is not domiciled, or within the jurisdiction of the Court. To clear up the point the partner of the Kwong Man should be called.
Mr. Hastings-He is my friend's witness. Sir Henry Berkeley-I am not calling him for you. If you want him, call him.
After the evidence of the managing partner of the Kwong Mau had been taken,
Mr. Hastings said he did not admit that the debtor was foreign at all. On inquiring into the circumstances he was told that he had been resident in the Colony for three or four years, and that he went down to Annam annually to The debtor may have resided buy cinnamon. half the year in Annam and half the year in The Hongkong, but that did not matter much. facts admitted were that he brought goods from Annam regularly in order to sell them in Hongkong, and he did sell them in Hongkong. He could not see what his Lordship's doubt in the matter was. The case seemed absolutely plain, and to go far beyond the authorities quoted.
His Lordship-He must be a person to whom the Bankruptcy Act applies.
Mr. Hastings-I quite admit that. His Lordship-The proposition is that unless he is a person subject to the laws of the Colony he is not subject to the Bankruptcy law.
Mr. Hastings-I quite agree with that. A foreigner who comes within the jurisdiction is not subject to the Bankruptcy law; a Britisher out of the jurisdiction, who commits an act of bankruptcy, is, because of his nationality. But a foreigner coming here temporarily and doing business here, if he commits an act of bank ruptcy is subject to the jurisdiction.
His Lordship-I am very anxious to get this point settled. It came up a few years ago, but has never been mentioned since.
Sir Henry Berkeley said the question on which the decision of the Court would turn was merely one of fact. It was a question of fact, man was mingled with law, whether the domiciled here, and it was a question of fact whether he ordinarily resided here, whether he had a dwelling house and whether he had a It would be straining business place here. language to say that this casual visitor from Annam had a place of business in Hongkong.
Mr. Hastings-Sir Henry Berkeley confined his argument to a place of business, but I am not confined to that at all. I say he had a dwelling house.
His Lordship-I thought I indicated that a cubicle could not possibly be a dwelling house.
Sir Henry Berkeley-I am quite prepared to deal with that view if your Lordship wants to hear me.
His Lordship—I don't.
Mr. Hastings I don't see any difference in principle. No doubt this room was the man's castle, so to speak, and he paid $8 a month rent,
His Lordship reserved his decision.
FOR TYPHOON SIGNALS.
PLAN FOR WIRELESS STATION ON BATANES
ISLANDS.
A Bill is to be presented to the Philippine Assembly next session providing for the erection at Santo Domingo de Basco, Batanes Islands, of a wireless station for the benefit of navigation in general in the islands and in the China Sea. The special work that will be carried on will be that of sending to the Philippines and to China coast ports warnings of approaching typhoons.
A Manila contemporary states that the suggestion for the installation was made to the Governor General by the Governor of Hongkong. Batanes islands have been specially chosen as they stand at the extreme north of the archipelago and are in the line of all the typhoons that afflict these seas.
It will be remembered that Dr. Wilder, the U. 8. Consul-General, on his return from the Philippines made public the suggestion for a wireless station on the Batanes Islands, as being Father Algue's idea of the best means of ensuring Hongkong against sudden visitions by typhoons.
THE YEAR'S TRADE IN THE PHILIPPINES.
There still exists a tendency, particularly in commercial circles in Manila, to complain of hard times," says the Secretary of Commerce and Police in his annual report just released. He continues: In the last annual report of this department it was stated that commerce had taken a decided turn for the better; that the fone among the merchants in Manila was more settled and more optimistic: that this was not to be taken as indicating a condition of real prosperity, but as a good sign for the future,
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Two things however, during the year 1908 have somewhat retarded the progress towards real prosperity. The first of these is the shortage in the rice crop, due to the drought which caused the rice importations to rise from P7,324,986 to P11,722,512, an increase of 10 per cent. In the previous year there was a decrease of 16 per cent from 1906."
Commissioner Forbes goes on to show that rice importations have risen from P3,000,000 in 1899 to P11,000,000 in 1908. In 1904 they rose to P23,000,000.
"It is unfortunate," he continues, "that this shortage occurred at this time and made it neccessary to send P11,722.512 out of the country for the purchase of the staple food commodity of the people which the country is easily capable of raising in quantities not only sufficient for its own needs, but also for export. The partiar failure of this crop em. phasized more than over the great need for extensive irrigation systems in the country.
"Since the American occupation there has been expended P120,321,386 for the importation of rice, one-half of which sum expended during that period of time for extensive irrigation systems, would have put the country to-day in the bondition of exporting rice instead of importing it."
The report further shows that during the ten years of American occupation both the imports and exports have been steadily increasing. In 1899 the imports stood at P26,000,000 and im- ports P29,000,000 from which they have increased · to P61,000,000 for imports.
"In view of all this," the commissioner the undersigned cannot believe concludes, there is any considerably backward movement, although the coming of really prosperous times is still deferred. Prosperity worthy of the country and its resources will not come until extensive road construction has been compl irrigation works on a large scale installed revision of the sugar and tobacco tar the United States accomplished the authorised railroad lines in full operation until adjustment has taken place between old and the new economical conditions,“
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