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the legal estate or any interest in such property has passed or passes on such death to the personal repre- sentative of such person, it shall be lawful for the Governor, at any time, to declare such legal estate or interest vested in the corporation, and thereupon such legal estate or interest shall vest accordingly without any conveyance, assignment or transfer.
(2) In like manner where, at any time, the legal estate or any interest in any property of any nature whatsoever is held or possessed, for and on behalf of the said Government, by any person who, having held office in the Colony as a Governor or as a Government officer, has vacated his office otherwise than by death, it shall be lawful for the Governor, at any time, to declare such legal estate or interest vested in the corporation, and thereupon such legal estate for in- terest shall vest accordingly without any conveyance, assignment or transfer.
(3) A certificate under the hand of the Colonial Secretary shall be conclusive evidence for all purposes whatsoever as to the interest of the Government of this Colony, as to any such death or vacating of office, as to the making by the Governor of any such declara- tion, and as to the vesting of the legal estate or interest in the property therein mentioned in the corporation.
Objects and Reasons.
1. The object of this Ordinance is to incorporate the Colonial Treasurer. From time to time the Government has occasion to take securities in the Colony. The practice has been to take such securi- ties in the name of the Governor, for and on behalf of the Government. In cases where an equitable mortgage can be accepted this practice is unobjec- tionable. There have been many cases where a legal mortgage has been preferred, and similar cases in the future must be contemplated. The taking of legal mortgages, with the advantages incidental thereto, has rendered necessary the giving of powers of attorney by former Governors, and the execution of deeds and other instruments out of the Colony, with consequential correspondence and delays. The incon- venience of such practice, and the need for legislation on the lines of this Ordinance have become abund- antly clear. It is considered that the Colonial Trea- surer should hold and deal with securities and other property taken for and on account of the Hong Kong Government.
2. The Ordinance is modelled, in part, on the Treasury Solicitor Act, 1876, 39 & 40 Vict. c. 18, and the Secretary for Chinese Affairs Incorporation Ord- inance, 1928, Ordinance No. 3 of 1928.,
3. Section 3 follows closely the wording of section 4 of Ordinance No. 3 of 1928, the object and reason for which was stated as follows:-
"Section 4 is drafted with the intention of enabling the officer for the time being per- forming the duties of the office to deal with the legal estate, whether he be the sub- stantive holder of the office or only an acting Secretary for Chinese Affairs. It is also intended to obviate the rule that a lease granted to a corporation sole passes to the personal representatives of the occupant and not to his successors: see Halsbury, Vol. 8, para. 821, p. 371, and Arundell's Case (1615) I Roll. Abr. p. 515 cited in Fulwood's Case (1591) 4 Co. Rep. 64 b, note A.”