THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 22, 1909.
859
No. 661.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinance passed by the Legislative Council:-
Ordinance No. 30 of 1909.-An Ordinance to amend the Liquors Ordinance, 1909.
HONGKONG.
No. 30 or 1909.
An Ordinance to amend the Liquors Ordinance,
1909.
LS
F. D. LUGARD,
Governor.
[22nd October, 1909.]
Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Conneil thereof, as follows:-
1. This Ordinance may be cited as the Liquors Ordin- Short title ance Amendment Ordinance, 1909, and shall be read and and con- construed as one with the Liquors Ordinance, 1909, here- struction. inafter called " the Principal Ordinance ".
2. The following sections are hereby added to the Principal Ordinance and shall be inserted after section 3 thereof :-
into before
added to
3a. When any written contract for the sale of intox- When con- icating liquors entered into before the 17th tracts have September, 1909, contains no reference to the been entered payment of customs duties the seller shall be 17th Septem- deemed to have duly carried out his part of the ber, 1909, contract upon his giving to the purchaser the amount of necessary facilities to enable the purchaser to duty to be obtain a permit for the removal of the liquors contract under the provisions of Sections 6, 7, 10 or 21 price. of this Ordinance; and the purchaser shall pay the duty (if any) payable in respect of such liquors and also any additional charges for landing, storing, or denaturing such liquors occasioned by the operation of this Ordinance and not provided for in the contract, and if any of such additional charges are paid by the seller in the first instance the amount so paid may be added to the contract price for the liquors, and be recovered by the seller from the purchaser as if the same formed part of the con- tract price.
for sale
36.-(1.) Where any new duty is hereafter imposed, Provision
or where any duty is hereafter increased, and for contracts any goods in respect of which the duty is pay of goods able are delivered after the day on which the duty paid new or increased duty takes effect in pursnance when duties of a contract made before that day, the seller of altered or the goods may, in the absence of agreement to repealed. the contrary, recover, as an addition to the con- tract price, a sum equal to any amount paid by him in respect of the goods on account of the new duty or the increase of duty, as the case may be.
(2.) Where any duty is hereafter repealed or de- creased, and any goods affected by the duty are delivered after the day on which the duty ceases or the decrease in the duty takes effect in pur- snance of a contract made before that day, the purchaser of the goods, in the absence of agree- ment to the contrary, may, if the seller of the goods has had in respect of those goods the benefit of the repeal or decrease of the duty, deduct from the contract price a sum equal to the amount of the duty or decrease of duty, as the case may be.
1.