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LEGISLATIVE COUNCIL.
No. S. 194.-The following Bills were read a first time at a meeting of the Council held on the 28th June, 1928 :—
C.S.O. 3906 28.
[No. 11-26.6.28.—2).
A BILL
INTITULED
Short title.
Amendment
of Ordinance
No. 1 of
1883, s. 15.
Amendment
of Ordinance
No. 1 of 1883, s. 16.
Amendment
of Ordinance No. 1 of
1883, insertion of new section
40.
An Ordinance to amend the Distress for Rent
Ordinance, 1883.
BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited as the Distress for Rent Amendment Ordinance, 1928.
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2. Section 15 of the Distress for Rent Ordinance, 1883, is amended by the insertion of the words or firm immediately after the word “ person in the fourth line
thereof.
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3. Paragraph (7) of section 16 of the Distress for Rent Ordinance, 1883, is repealed and the following paragraph is substituted therefor:
(7) Goods delivered to a person or firm exercising a public trade, to be carried, wrought, worked up, or managed in the way of the trade or employ of such person or firm.
4. The Distress for Rent Ordinance, 1883, is amended by the insertion of the following section immediately after section 39:-
Application 40. The provisions of this Ordinance shall of Ordinance. extend to New Kowloon, notwithstanding any- Ordinance thing to the contrary contained in the New
Territories Regulation Ordinance, 1910,
No. 34 of
1910.
Objects and Reasons.
1. The power of seizure given by the Distress for Rent Ordinance, 1883, is a power to seize movable property found in the apparent possession of the "
" from person whom the rent is claimed. The term person " does not include a firm, and it is therefore not possible to issue a distress warrant against a firm in the firm name. This is inconvenient because premises are often let to firms and the landlords frequently do not know the names of the partners. Section 2 of this Ordinance therefore amends section 15 of the principal Ordinance so as to enable a distress warrant to be issued to seize the goods of a firm. Section 3 of this Ordinance makes a consequential amend- ment in section 16 of the principal Ordinance.
2. Section 24 of the New Territories Regulation Ordi- nance, 1910, provides that except by way of appeal no proceeding relating to land in the New Territories shall be commenced in the Supreme Court unless the Crown is