168
THE HONGKONG GOVERNMENT GAZETTE, 19TH APRIL, 1873.
Title.
Preamble.
Repealing Clause.
devised, and indeed, they are so stringent, that Emigration under the "Chinese Passengers' Act, 1855," has practically ceased to be carried on in Hongkong, and no case has ever occurred of an offence under Section XIX of Ordinance No. 12 of 1868.
It is an incontestable fact, however, with regard to Chinese. Emigration from Macao, that instances of great cruelty and injustice towards Emigrants after they have left that port, and especially after their arrival at the port of destination, are con- stantly brought to light, and the provisions of the proposed Bill are directed to the prevention of any participation whatever by Residents of this Colony in the Profits arising out of, or connected with a system of Emigration which is attended with such deplor- able results.
The offences of decoying Chinese from this Colony to Macao, or of decoying them from the mainland of China into the Colony with a view to their transmission to Macao for the purposes of Emigration, have already been provided for by a Bill now before the Legislative Council, of which a copy has been transmitted to the Secretary of State.
It is unnecessary to say that no British ship can clear out with Chinese Emigrants from Macao; for the British Emigration Officer's Certificate for that purpose cannot be obtained, and without it, the ship would be liable under the "The Chinese Passengers' Act, 1855," to seizure and condemnation, and the Master would incur a severe penalty.
The new Bill, therefore, though general in its terms, is practi- cally directed against the building and equipping within the Colony of foreign ships for the purpose of Chinese Emigration from Macao, and it prohibits any participation in such Einigration.
The offences defined by the Bill, are only punishable if com- mitted within the jurisdiction, and no person will be liable for doing any act prohibited by the Ordinance, if such act is done in pursuance of a contract entered into before the new Law is brought into force.
JULIAN PAUNCEFOTE,
Attorney General.
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to extend to this Colony some of the Provisions of certain Acts of the Imperial Parliament for the Relief of Trustees and Executors.
W
[
1873.1
HEREAS it is expedient to extend to this Colony some of the Provisions of certain Acts of the Imperial Parliament for the Relief of Trustees and Executors: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-
I. Se much of Section I of Ordinance No. 7 of 1856 and of such Parts of the Two Schedules to the said Ordinance as extend to this Colony the Imperial Acc 10 and 11 Vic., c. 96, and the General Orders of the High Court of Chancery of the 10th of June, 1848, are hereby repealed.
Assignment of Personalty.
Assigninent to II. Any Person shall have Power to assign Personal Property, self and others. now by Law assignable, including Chattels real, directly to himself [22 & 23 Vic, and another Person or other Persons or Corporation, by the like
Means as he might assign the same to another.
e. 35, s. 21.]
Trustees may pay Trust Moneys or
rities into
Court.
c. 96, s. 1.]
Summary Administration of Trust Funds.
III. All Trustees, Executors, Administrators, or other Persons, having in their Hands any Monies belonging to any Trust what- transfer Secu- soever, or the Major Part of them, shall be at liberty, on filing an Affidavit shortly describing the Instrument creating the Trust, according to the best of their Knowledge and Belief, to pay the [10 & 11 Vic, same into the Supreme Court in the Matter of the particular Trust (describing the same by the Names of the Parties, as accurately as may be, for the Purpose of distinguishing it), in Trust to attend the Orders of the said Court; and all Trustees or other Persons having any Shares, Stocks, or Securities standing in their Name in the Books of any Public Company or Corporation established in the Colony, or in the Names of any deceased Persons of whom they shall be personal Representatives, upon any Trusts whatsoever, or the Major Part of them, shall be at Liberty to transfer or deposit such Shares, Stocks, or Securities into or in the Name of the Re- gistrar of the Supreme Court, hereinafter called "The Registrar, in the Matter of the particular Trust (describing the same as and in aforesaid), in Trust to attend the Orders of the said Court;
"