74
J
LEGISLATIVE COUNCIL.
No. S. 42.—The following Bills were read a first time at a Meeting of the Council held on the 23rd February, 1911 :-
Short title
and con. struction.
Amends sub- section (1)
of section 12 of the Prin- cipal Ordin-
ance.
Repeals sub-
sections 2, 3 and 4 of sec-
tion 12 of the Prin- cipal Ordin-
ance.
Adds a new section to
the Principal Ordinance.
A BILL
ENTITLED
An Ordinance to amend the Harbour of Refuge
Ordinance, 1909.
BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-
1 This Ordinance may be cited as "The Harbour of Refuge Amendment Ordinance, 1911," and shall be read and construed as one with the Harbour of Refuge Ordin- ance, 1909, hereinafter called the Principal Ordinance.
2. Sub-section (1) of section 12 of the Principal Ordin- auce is hereby amended as follows :-
By the deletion of the word "absolute" in line 16 thereof and by the addition at the end thereof of the following words :—
"and the Director of Public Works shall notify any such claimant in writing of the amount so awarded”.
3. Sub-sections 2, 3 and 4 of section 12 of the Principal Ordinance are hereby repealed and the following sub-sec- tions are substituted therefor :-
"(2.) The Governor may instead of awarding any compensation under this section enter into an agreement with any claimant for the compro- mise or settlement of any claim as the Gov. ernor may think fit.
(3.) Whenever any claimant shall be dissatisfied with the compensation awarded by the Gov- ernor under this section such claimant may with- in four weeks from the date of such notification as aforesaid notify the Director of Public Works in writing accordingly, and the Governor shall refer such claim with the particulars thereof to one of the Judges of the Supreme Court. Such Judge shall hear any evidence which either the Director of Public Works or the claimant may wish to tender and, if so desired, hear counsel or solicitors on behalf of the Crown and the claimant and such Judge shall deter- mine the amount of compensation, if any, to be paid to any such claimant for any such injurious affecting as is described in sub section (1) of this section and may award costs in his discre- tion either for or against the Crown or for or against any parties claiming compensation, such costs in case of difference to be settled by the Registrar of the Supreme Court.
(4.) No appeal shall lie from any award or decision of a Judge of the Supreme Court under this section.
4. The following section is hereby added to the Princi- pal Ordinance and shall be read at the end thereof :-
"13. For the purposes of the hearing of any claim- ant for compensation such Judge of the Su- preme Court shall have powers similar to those vested in the Supreme Court on the occasion of any action in respect of the following mat- ters, namely
(4) enforcing the attendance of witnesses and examining them upon oath, affirmation or or otherwise;
(b) compelling the production of docu- ments;