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(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."
4. Section 4 deals with the manner in which deeds and other documents are to be sealed and signed, or signed if under hand only, in order to be receivable in evidence,
5. Section 5 provides a means of resolving any doubt as to who is, or was at any time, the occupant of the corporation. The method adopted is that of a certificate by the Colonial Secretary.
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6. Section 6 provides a means of vesting in the corporation the legal estate or interest in property acquired or held by a Governor or any other officer of the Colony who has died or otherwise vacated his office.
C. G. ALABASTER,
Attorney General.
September, 1930.
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