THE HONGKONG GOVERNMENT GAZETTE, 19TH APRIL, 1873.
Statement of Objects and Reasons.
The Provisions of the earlier Imperial Acts for the Relief of Trustees were extended to this Colony by Ordinance No. 7 of 1856. Those Acts are the 10th and 11th Vic., c. 96; the 12th and 13th Vic., c. 74; the 13th and 14th Vic., c. 60; the 15th and 16th Vic., c. 55.
The present Ordinance is intended to extend to this Colony certain further Provisions for the Relief of Trustees and Executors contained in more recent Imperial Acts, namely Sections 21, 26, 27, 30, 31 and 32, of the 22nd and 23rd Vic., c. 36; Section 9 of the 23rd and 24th Vic. c. 38, and Sections 1 to 3, 25 to 30 and 32, of the 23rd and 24th, Vie., c. 145.
The Imperial Acts brought into force in this Colony by Or- dinance No. 7 of 1856 were extended merely by One Section which referred to a Schedule containing the Titles of these Acts.
This mode of extending Imperial Acts (which is now no longer followed) has been found inconvenient in Practice especially with reference to the Act 10 and 11 Vic., c. 96, doubts having arisen as to the particular Officer in the Colony upon whom some of the functions imposed by the Act should devolve.
For this reason the Act in question is by this Ordinance ex- punged from the Schedule of Ordinance No. 7 of 1856, and its Provisions are re-enacted in a more convenient form.
Order XII of the consolidated Orders of the Court of Chancery, which contains the Rules of Practice, at present in force in England under the Act, are, with slight modifications, contained in a Schedule to the Ordinance. They differ but slightly from the old Rules of Practice contained in the Orders of the Court of Chancery, of the 10th of June, 1848, under the same Act which were introduced together with the Act by Ordinance No. 7 of 1856. One of the most useful Provisions of the 23rd and 24th Vic. c. 35, as to the Distribution of Assets by Executors has already been extended to the Colony by Ordinance No. 9 of 1870, and is therefore omitted in this Ordinance.
Section 2 is the only one which requires particular notice. It is taken from Section 21 of the 22nd and 23rd Vic., c. 35, and for technical reasons, will prove of special use in this Colony where the tenure of land is leasehold. Under the present Law a Person cannot constitute himself Assignor and Assignee of per- sonalty in the same Instrument and therefore upon the ap- pointment of a new Trustee of Leaseholds two Deeds are requisite, the Property being assigned to a Provisional Trustee upon Trust to re-assign it to the new Trustee and the continuing Trustees so as to secure the unity of Title which is necessary to the creation of a joint tenancy.
This Section which empowers persons to assign chattels real to themselves jointly with others will remedy the inconvenience of the circuity of Transfer in the case of the appointment of a new Trustee of Leaseholds which still exists in this Colony as it existed in England before the passing of the Imperial Act from which it is taken.
The language and objects of the other Sections are so clear as not to render any particular explanation of them necessary.
J. PAUNCEFOTE, Attorney General.
No. 61.
GOVERNMENT NOTIFICATION.
Under Instructions from the Right Honorable the Secretary of State for the Colonies, it is hereby notified that in Colonies not having responsible Government, Official Members of Council only are entitled to wear the Civil Uniform as prescribed by the Colonial Regulations.
By Command,
Colonial Secretary's Office, Hongkong, 16th April, 1873.
No. 62.
GOVERNMENT NOTIFICATION.
CECIL C. SMITH, Acting Colonial Secretary,
It is hereby notified, that the Right Honorable the Secretary of State for the Colonies has been Pleased to extend, without Salary, for Six Months, commencing from the 15th of June next, the leave fabsence granted to the Honorable JOHN GARDINER AUSTIN, Colonial Secretary.
By Command,
Colonial Secretary's Office, Hongkong, 17th April, 1873.
CECIL C. SMITH, Acting Colonial Secretary.
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