THE HONGKONG GOVERNMENT GAZETTE, 22ND MAY,
No. 2 or 1897.
An Ordinance to declare and amend the Law of
LS
Partnership.
WILLIAM ROBINSON,
Governor.
[15th May, 1897.]
1897.
369
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 for all purposes as The Short title. Partnership Ordinance, 1897.
2. In this Ordinance, unless the context otherwise re- Interpreta- quires,-
tion of terms.
"Court" includes every court and judge having juris-
diction in the case:
"Business" includes every trade, occupation, or pro-
fession.
Nature of Partnership.
3.-(1.) Partnership is the relation which subsists be- Definition of tween persons carrying on a business in common with a partnership. view of profit.
(2.) But the relation between members of any company
or association which is--
(a.) Registered as a company under The Companies Ordinance, 1865, or any other Ordinance for the time being in force and relating to the registration of joint stock companies; or
(5.) Formed or incorporated by or in pursuance of any other Ordinauce, or any Act of Parliament, or letters patent, or Royal Charter,
is not a partnership within the meaning of this Ordinance.
4. In determining whether a partnership does or does Rules for not exist, regard shall be had to the following rules :--- determining
existence of
(1.) Joint tenaney, tenancy in common, joint property, partnership.
common property, or part ownership does not of itself create a partnership as to anything so held or owned, whether the tenants or owners do or do not share any profits made by the use thereof:
(2.) The sharing of gross returns does not of itself create a partnership, whether the persons sharing such returns have or have not a joint or common right or interest in any property from which or from the use of which the returns are derived:
(3.) The receipt by a person of a share of the profits of a business is primû facie evidence that he is a part- uer in the business, but the receipt of such a share, or of a payment contingent on a varying with the profits of a business, does not of itself make him a partner in the business: and in particular-
(a) The receipt by a person of a debt or other liquislated amount, by instalments or otherwise, out of the accruing profits of a business does not of itself make him a partner in the business or liable as such;
(4.) A contract for the remuneration of a servant or agent of a person engaged in a business by a share of the profits of the business does not of itself make the servant or agent a partner in the business or liable as such;