452
creased to 114,000 tons, the income was but some. thing over $17,000,000, a reduction in receipts from this source of 83.000.000 over 1907. Hemp ranged per ton from $140 down to $72. This is in marked contrast with the average price during the last ten years of $158.84. The highest price was $184 per ton in January 1906. Hemp is the main hope of these islands, and there is no cause for discouragement.
at
Sugar, the second product in importance.
valued showed exports of 150.000 tons 85,600,000, an increase of 31.000 fans over 1907. The average exports since 1898 have been 90,000 tons, although in 1902 and 1903 250,000 | tons were exported., The average exports from the Philippine Islands for ten years have been less than 3 per cent. of the foreign sugar consumed in the United States, which makes | the fears of the beet sagar growers of that country absurd.
THE HONGKONG WEEKLY PRESS AND
SUPREME COURT.
Monday, December 14th.
IN BANKRUPTCY JURISDICTION.
BEFORE THE CHIEF JUSTICE (SIR F. PIGGOTT).
A QUESTION OF JURISDICTION.
His Lordship delivered judgment on the important point as to jurisdiction raised in the, Bankruptcy of Chan Yu Shan.
!
[Decembea 21 1908
to the subject is the remark of Lord Justice extension of Brett in re Hecquard: the
"hold"
44
the bankruptcy jurisdiction to foreigners is made on account of the
they have on the country, and the question to be answered in each case of doubt is Has the debtor in question a hold on the country? A hold on the country" means, I imagine, something which is visible to other persons who trade in the country which induces them to give the debtor credit. What I think is the mean- ing of the phrase "hold on the country "is that it is such a position as will induce people by reason of it to give a person credit. It seems to me that if a man is doing business such as concluding bargains for the sale of his goods, at a place where he may be seen doing it, then others may not unreasonably suppose that he has business to do and that that is the place where he does business and on the strength of that people may give him credit. If they do, then that place becomes for the purpose of
law his
business." "place of bankruptcy
to be a reasonable distinction This seems before the
to court
draw between the
case where to Chinaman. and therefore
be sold sends goods leaving the business entirely in the hands of the commission agent, and one who intermeddles in the eyes of the business world with the making of the bargains. It is therefore the fact that there are other croitors which brings the case with the purview of the bankruptcy whether they can jurisdiction of the court; justify their claims is another matter with which I have not now to deal. I am therefore of opinion that this court has jurisdiction to entertain this petition that the opposition must be rejected. In view of the uncertainty of this question which has been raised I do not reject it with costs.
conie
He said- The questions raised in this case which concerns the bankruptey jurisdiction of this court over foreigners are of the utmost importance. I have hinted,f them on one or two, occasions, but this is the first on which they have given rise to serious argument and I shall Copra (dried cocoanut mest) was exported to deal with the matter as fully as possibly, because the value of $5.550.000, a considerable increase, a large proportion of the trade of the colony is although the price was off. Cocoanut oil is done with Chinamen carrying on Imsiness here, being made now in Manila, and in 1908 the and in nine-tenths of the bankruptcy petitions the debtor exports were 709,000 gallons, valued at $263.000. which
Tobacco exports showed a falling off of is
the fund, $415,000, but the exports for the year were amental principles on which English bank. $2,715,000.
based fuptey jurisdiction is
are involved The Customs Bureau collected $8.318.000 in almost every
in case
which
hare which goes a long way toward supporting the to deal. The importance of the question tariff is arises from the fact that where n Chinaman certainly a success as a revenue producer. The trades, us so many of them do, in other parts of Islands Have stopped the legal importation of the East as well as Hongkong, it is almost opinm and the loss for the year in receipts, impossible to localise the effect of a bankruptcy basing the calculations on the collections in this colony.
Insular Government. The
high
a
and I
I
uot. da
see
Hongkong who went down to Annam to buy cinnamon which he then brought up to the colony to dispose of, or was he a resident in Auuam who bought cinnamon there and brought it up to the colony to dispose of? I am of opinion that the latter are the true facts. I think it probable that he had done this on pre- vious occasions, but I do not think that is material.
from that drug during the last five years, was I do not think there can be much dis $236,698.40; in other words, the average annual puto as to the facts except E to one receipts from opium during the years of 10 point. In view of the law which I am going to 1907 inclusive were the handsome sum of lay down in this judgment the point is not $328,864.40, whereas the collections for 1908 really of first importance because the debtor (all prior to March 1st at which date importations is * Chinaman.
B were absolutely forbidden) amounted to but much evidence that he ever traded gene. $92,126. The officials of the islands certainly rally, though he appears to have jucurred deserve credit for their skill in adjusting the debts in the colony. It is however finances to meet this large shortage.
advisable that I should express an opinion on Was the debtor a resident in Coming to imports, which total about the point. 831,000,000 (exclusive of supplies for the Government, military and naval forces, etc.). $8,000,000 were spent for coltou goods: nearly $6,000,000 for rice as mentioned: 82.165.000 for manufactures of iron and steel; 1.520.000 for provisions; and $1.055.000 for cattle. For our imports the Islanders spent $1.045.000: and for illuminating oil $806,000. The United Kingdom supplied over half of the cotton goods and the report speaks of the prestige in the local market of British cotton textiles also "the particular attention devoted by British manufacturers in this as well as other lines to the production of qualities of goods best adapted to the requirements." It is of interest to note that Spain sent $593,000 worth of cotton textiles a falling off of 28 per cent. from that of 1907. Spain must decrease in her dealings with the Islands. A greater demand for high grade knitted goods resulted in increased receipts from
On the question of residence his Lordship held Germany. German cotton goods totalled for that the debtor's occupation of the cubicle was the year $502,000, an increase over 1907 of temporary, that it was only to last till the $39,000. Cheaper goods from Japan have im-business for which he came to the colony was paired the British East Indian cotton trade. concluded, and he found great difficulty in Germany leads the importatious of sewing seeing how a residence which was, admittedly. machines valued at $99.000 against $31.000 temporary could at the same time be described from the United States. Australia sent prac us ordinary."
as
Denmark. ness ran up to $350,000 in value, of which the United Kingdom got twice as much as America and Switzerland half as much as America. The growth in imports of 193 head of cattle in 1899 to 43,000 head in 1908 valued at $1,055,000 calls for no remark.
milk The condensed
|
Having dealt with the general law. his Lordship considered the facts of the case, and in doing so, said-The debtor certainly was not domiciled in the colony and, as I have said on a previous occasion, I do not suppose there are 100 Chinamen in the colony who are domiciled here, as the larger number of those who reside here all desire and
intend
to return to
China whenever they have made enough or commercial adversity compels them.
The im-
#
tically all of the fresh beef, and two-thirds Continuing his Lordship said of the fresh pork; the best came from the port ut question is; Was this a place of United States. China produced most of the business in the colouy? What is required lard. Australia sent four times as much butter is not merely carrying ou business, but a place busi of business, which means a place where the
business. debtor dues
Coming now more closely to the facts of this case one point is quite clear-if a person merely employs commission agent consiguing his goods to him for sale, that does not make the com- mission agent's premises his client's place -Australia sent 133,200 barrels of flour and the of business. I am also clear that the cubicle United States sent 10,000 fewer barrels in 1908.
The not a place of business per se. Was The showing is more favourable to America evidence is very slender as to business transacted than in 1907 and American dealers think now there; if there had been many transactions, in they can hold the trade. The United Kingdom fact, and business done there, the owner of sent $70,600 worth of whiskey, American the house would certainly have given much whiskey second, being a very few thousand more evidence of people coming there. The dollars less. Malt liquors are more and more only place of business which the debtor could manufactured locally.
have had were the premises of the Kwang Mo where the clients met him and luded their conc bargains. The vital point to consider therefore is this-Must the place of business belong or control of the debtor? On this point I am far from clear. The key
Typhoid broke out a week ago among the soldiers of the 26th regiment at Manila, Last be under the Sunday's report was seven men ill and one dead,
on
man
commission
ANOTHER DOMICILE PROBLEM
Re Wei Long Shang ex parte Yuen Hing. This was an application for the recission of a receiving order. Mr. Hastings appeared for the Bank of Taiwan Limited, Mr. Atkinson for the petitioning creditor, and Mr. Dennys for
the debtor.
Mr. Hastings said that curiously enough the question in that case was similar to that which bis Lordship had just decided, the question of the domicile of the debtor. On behalf of the' judgment creditor he asked that the receiving order made on November 5th be rescinded and that the objection of the petitioning creditor for . a receiving order might be dismissed with costs upon the following grounds: (1) the debtor was not domiciled in this colony at the date of the presentation of the petition, and the court has no jurisdiction to make a receiving order; (2) that the debtor committed no act of bankruptcy on which a petition could be founded; (3) that after payment of costs of the proceedings there will be no substantial assets for division among the creditors; and (4) that the petitioner is in collusion with the debtor and that the pro ceedings are an abuse of the process of this honourable court.
His Lordship thought that 3 and 4 were matters for the Official Receiver.
Mr. Hastings thought that if he was there ou good ground he might argue on almost any.
The Chief Justice pointed out that the Official Receiver watched over bankruptcy and any question like substantial assets was for him With regard to collusion that was to deal with. a question on which he might exercise his dis- cration. Mr. Hastings other two points were, ho thought, legitimate.
Mr. Hastings said that he would only mention 3 and 4 in passing. Undoubtedly 1 and 2 were the main grounds, and the important question was one of domicile. The debtor was assistant compradore to the Hongkong and Shanghai Bank for several years. In 1905 the Bank of Taiwan sued him and obtained judgment against him for $20.000. He then absconded. His solicitors said he left the colony, and there was no doubt he left the colony. He did not return until a few months ago when he was served with the writ.
His Lordship said that in all cases of Chinese he would ask for proof of domicile.
Mr. Hastings then read debtor's statement in which he stated that he was born in Hongkong, that his native village was Chin San in the Heungshan district, that he had one family house in Macao and another in Canton but none in Hongkong.
:
警
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