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SUPREME COURT.
Monday, 5th July.
IN APPELLATE JURISDICTION,
BEFORE THE Full Court.
AN UNSUCCESSFUL APPEAL.
Mr. E. Potter, instructed by Mr. F. X. d'Almada e Castro, appeared for the appellants in the appeal against the judgment of Mr. Justice Gompertz in the action between the Po On firm and Chan Kwan Shan in favour of the plaintiff. His contention was that the decision Sir Henry was wrong in fact and in law. Berkeley, K.C. instructed by Mr. S. Dickson, represented the respondents.
£
This was the case in which the plaintiff had a relative who desired to go to America and only got as far as Shanghai, which came before the Court at the beginning of May.
After hearing the evidence their Lordships dismissed the appeal.
Wednesday, 7th July.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR MR. H H. J. GOMPERTZ (PUISNE JUDGE).
CLAIM FOR MONEY LENT.
Hui Ching Kau sued Lam Sze Chiu for $765, for money paid and lent. There was a counter claim. Mr. Otto Kong Sing appeared for the plaintiff and Mr. Gardiner appeared for the defendant
The plaintiff's case was that three sums of money had been lent to the defendant and the remaining sum was lent on a consideration which failed. The defence was that the sums were paid in respect of moneys due for goods sold and delivered not to the plaintiff himself but to the firm in which plaintiff was a partner.
Evidence having been heard, the case adjourned.
Thursday, 8th July.
IN APPELLATE JURISDICTOIN.
BEFORE THE CHIEF JUSTICE
(SIB F. PIGGOTT).
was
THE HONGKONG WEEKLY PRESS AND
A COMPRADORE'S LIABILITIES. The case in which S. J. David and Co. were appellants and Chan Ut Chin was respondent was mentioned, the Chief Justice stating that in considering his judgment he had come to a point which he was sorry to say he could not get beyond without the assistance of counsel, a point which he thought had not been fully discussed by counsel in the course of argument, and on which he thought they would need to have further argument. He asked counsel to be present and he had asked short- band writers to take down what he said because he could not deal exhaustively with the subject in a minute. The point must be considered as if he were in favour of the defendant. Having indicated the point about which he had a difficulty, he added that he did not think it necessary to call Mr. M'Neill from Shanghai. The counsel on the other side would be sufficient, though argument would not be heard until what his Lordship had said had been communicated to Mr. McNeill. The Paisne Judge agreed with him that the point should be taken, although he was only speaking for himself.
Counsel intimated having noted the points.
·
IN BANKRUPTCY JURISDICTION.
BEFORE THE CHIEF JUSTICE (SIR F. PIGGOTT.)
A CINNAMON MERCHANT'S FAILURE.
Application was made for the discharge of Chan Yue Shan.
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The Official Receiver (Mr. Fletcher) said he applied on behalf of the debtor, who had been a cinnamon merchant doing a good business between Annam and Hongkong, and stated in his report that debtors bankruptcy had been hit misfortune rather than his fault.
The Chief Justice granted the discharge, to be suspended for a year.
DISCHARGE SUSPENDED.
Application was made for the discharge of S. M. E. Allana.
The Official Receiver mentioned that debtor had not kept books. He never had any capital, merely $1,000 worth of jewelry.
His Lordship-There was something said about extravagant living.
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The Official Receiver-Yes, I have reported on that.
His Lordship-You wish to have discharged?
him
Was
desire
The Official Receiver-Subject to
any observations any creditor
may wish to make. admitted that it was improper not to have Mr. Hastings, who appeared for the debtor,
kept books, but suggested that this due to carelessness and not to 8 to
conceal his affairs. As his Lordship had remarked, the debtor had kept uo books had any idea of concealing his affairs. from the beginning, so that be could not have It was due to carelessness and perhaps also to inability to keep books. With regard to the sale of his business, about which some remarks were made at the time, it has turned out very well for the creditors, $10,000 having been obtained for it, much more than would have been got from anybody else.
The Official Receiver-It cost the estate $2,090 in costs to get that $10,000.
Mr. Hastings pointed out that if the Official Receiver had sold the business by auction he would not have got $5,000. The creditors had done very well out of the sale of the business to Mr. Marican, and they had got a fair dividend, something like 26 or 27 per Tent.
i
(July 10, 1909.
Mr. Goldring said this was a case where an interim receiving order had been made, and pending an action brought by the firm against the debtor the proceedings in bankruptcy should be stayed. The debtor borrowed the money in the firm's name for the purpose of investing it in a rice business and he got inte the hands of some unscrupulous men who swind. led him out of it. He took the men to the Police Court, but he was persuaded by his part- ners to withdraw the charge and then they advised him to go bankrupt.
Mr. Harding said they alleged that be received the money without the knowledge of the other partners.
His Lordship-What are his liabilities ? Mr. Goldring-Simply this $1,300.
His Lordshiphe man borrowed it in the name of the firm. His firm sue him and then is says he is going bankrupt.
Mr. Goldring-My suggestion is that the proceedings in bankruptcy be stayed until this case is fluished.
His Lordship-No, no. is rescinded.
The receiving order
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NOT ONE PER CENT.
Re Ko Tsan King, Mr. Atkinson applied on behalf of the debtor for a rec eiving order. The Official Receiver opposed it.
Mr. Atkinson explained that the debtor was the sole partner in a tinned fruit manufactory
His Lordship-What are the asseta ? Mr. Atkinson->7,00√.
His Lordship—And the liabilities ? Mr. Atkinson-$70,000.
The Official Receiver said he opposed the application because there #788 not sufficient money in the estate to pay the costs of the proceedings. He had an offer of $500 for the The Official Receiver asked that the suspen-machinery and goodwill of the business, and ion should be for a considerable period.
that was stated to be more than would be realis- ed were it sold by auction,
The Chief Justice-The discharge will be suspended for two years.
The Official Receiver applied that the dis charge should be automatic, as the debtor wished to go to India.
The Chief Justice said special leave should be asked for him to go to India, as the debtor was understood to be under the supervision of the court.
Mr. Hastings then applied for special leave, which was granted.
A QUESTION OF COMPOSITION.
Re Wong Yu alias Wong Ya Kee, the Official Receiver said this was a question of composition. There was a sum of $300 in hand, which it was desired should be applied towards the compensation. The debtor was to pay .0 per cent.
composition suggested was approved.
The receiving order was discharged and the
LOOSE BOOKKEEPING.
his discharge.
Re D. R. Captain, application was made for
The Official Receiver remarked that in this system of conducting the business was very case there were practically no books and the
loose.
said that the bankruptcy was due to misfor- Mr. Hastings, who appeared for the debtor, tunes on the part of the debtor, an assistant having embezzled $3,000, and debtor having employed a man to sell silk lost $1,500 thereby. In answer to His Lordship, Mr. Hastings said business when he bought it for $10,000. It was that the debtor had paid too much tor the only worth about $8,000.
The discharge was suspended for a year.
GAMBLED THE FIRM'S MONEY.
Re Chau Chan Kit, the Official Receiver applied for the discharge of the interim receiving order which had been made. Mr. P. W. Goldring opposed this, and Mr. R. Harding supported the Official Receiver.
Mr. Atkinson said the business with goodwill trade marks, labels, etc., was worth $7,000.
His Lordship-Whose valuation is that? Mr. Atkinson--The petitioning creditor's. His Lordship-Is he ready to give it? Mr. Atkinson- I don't think so, my Lord, His Lordship Is the dividend likely to be ten per cent?
The Official Receiver-Not one per cent. The application was adjourned to allow an investigation to be made.
COMPOSITION ARBANGED.
Re C. M. Barradas, the Official Receiver said he appeared on behalf of the debtor, who owed some $1,300 or $1,400, and he hoped to be able to arrange a composition. His whole salary had been taken under a garnishee order and there was danger that it would be taken again next month.
The matter was left with the Official Receiver.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR H. H. J. GOMPERTZ (PUISNE JUDGE).
AN EMIGRATION CASE.
The action by Tam Yuen against Tam Hun and dip Hing Lung for 8651, balance of money due on s promissory note, which was partly heard, came before the Court again. Mr. F. X. D'Almada (of Messrs. D'Almada and Smith) appeared for the plaintiff, and Mr. Davidson (from Messrs. Hastings and Hastings) for the defendant.
The second defendant, under cross-examina. tion, said he did not know that it was against the law to send the man in question to America.
Mr. James T. Fuller, soting Consul-General for the United States of America in Hongkong, deposed that it was part of his duty to assist in enforcing the Immigration Laws of the United States. Witness said that he obtained consent from Washington to give testimony in this case.
He appeared privately. Anything and did not bind the government which he he said was of his own private knowledge,
represented.
The Official Receiver said the debtor owned a small shop in Des Voeux Road Central but he held a $1,000 share, which was now worth $1,500, in the Tung Shan Wing firm, of which he was managing partner. On the 5th June he used the firm's chops to borrow from various banks a sum of $1,300 for the purpose of commencing a rice importing business, but he got in with some gambled away all the money. He had no other debts to speak of. The Official Receiver submit-accepted. ted that the firm was liable for this money. If he were made liable the Official Receiver would demand the debtor's share in the firm.
nieu and
spoke privately his evidence could hardly be Mr. D'Almada said that if Mr. Fuller only
His Lordship-You know what he means- he speaks privately. It is not a State utterance. It does no bind his government.
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