The Archive · 1905

High Court of Justice

CHANCERY DIVISION — Before Mr. Justicx Joxce

18th January.

Onana Yxn-ma0 v. MORRING AND THE Canrsy Exorveenine 4xp Mintxc This was an action relating toa oompany formed for working certain coal Thines at Kaiping in the province of Chihli, in China.

The plaintiff, his Excellency Chang Yen-mao, was Imperial Director-General monies on a fair basis of equality and to open an of ce-operation and protection that would enrich the Government and the people." The plaintiffs alleged the provisions of memorandum had not been carried out in the formation of the defendant company and that the fendant company and its directors declin ed to recognise it as having any force or effect. The plaintiffs further complained that whereas by the agreement entered into between "the parties the plaintiff company was to receive £375,000 in shares of 8 company whose capital had hot been watered, in fact the capital of th defendant company had been watered to the extent of between £600,000 and £700,000. The plaintiffs therefore brought this action for adeclaration that the memorandum was inding on the defendants and an order for the of mines for the province of Chihli and carrying into effect of ite provisions. the neighbouring province of Tehol. Alternatively, in the event of the mem-was also director-general of morandum being held not to be so binding, Chinese company which was formed in they asked for a declaration that the deed transfer was obtained 1882 to work the mines in question of conveyance sil That company was called the Chinese by fraud and ought to be set aside. The Engineering and Minin; Company of case was stated by counsel to be of Tientsin and it was join in this action considerable importance not only having lsintiff with his Excellency regard to the questions of character which Chang Yen-mao.

Its capital was] might be raised, but also froma coma charge of "fattening" himself upon the proceeds of a fraudulent sale of Government property, that property being the mines in question in this action. In consequence of this impeachment he was deprived of his office of Director-General of Mines and was given a limit of time within which he was to recover the property under pain of severe punishment if he failed to do so. 'A button of the third rank was bestowed upon him, and he was allowed to come to England to prosecute this action.

In the course of cross-oxaminat Mr. Issacs, on behalf of the defendant Moreing, he disclaimed all knowledge, previous to the time of the Boxer rising, of avy proposals made by Detring to Moreing for the formation of an international syndicate for the introduction of foreign money into Chinese enterprises. This was the first time he had heard of it. Hoover was an employe of the original Chinese company and constantly brought before the witness schemes connected with mining enterprise; but the witness never consented to any of them. The difficulty of crossination through an interpreter in such a language as Chinese was illustrate

Text read from the printed page and cleaned; old type leaves the occasional error.

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