570 THE HONGKONG GOVERNMENT GAZETTE, 12TH NOVEMBER, 1870.
Power to Governor in Council to reduce, vary
and remit Fees
II. Wherever under or by virtue of any Ordinance of the Legis- lature of Hongkong, any Fees are or shall be made payable to a Public Officer for the Use of the Government of the Colony, and no Power is or shall be given by such Ordinance to the Governor in payable to the Conneil, from Time to Time, to reduce or vary the Amount of such Fees, such Power shall be deemed to be vested in the Gov- ernor in Council by virtue of this Ordinance: Provided always that the Provisions of this Section shall not extend to Fees the Amount of which a Judge has Power to regulate by any Rule or Opfer of his Court.
Use of the
Government.
Amount of
III. No Fees shall be varied under this Ordinance so as to Fees originally exceed the Original Amount thereof.
fixed not to be excceded.
Power to be exercised by Order in Council to be published in the Gazette.
Power to remit or refund Fees in Special Cases.
IV. Every Reduction or Variation under this Ordinance in the Amount of any Fees, shall be made by an Order of the Governor in Council to be published in the Gazette, and shall not take
Effect until the Date of the Publication thereof as aforesaid.
V. It shall be lawful for the Governor in Council, if he shall in his Discretion think fit, in any particular Case and on any special Ground, to remit the Payment of any such Fees as aforesaid, or to order the Amount thereof, if paid, to be refunded.
Passed the Legislative Council of Hongkong, this 11th Day of November, 1870.
L. D'ALMADA E CASTRO,
Clerk of Councils.
No. 146.
GOVERNMENT NOTIFICATION.
The following Report of the Special Committee of the Legislative Council appointed to examine and report upon the Clauses of the Bill to amend the Law respecting Pawnbrokers, which was read a first time on the 28th of July last, is, together with the amended Bill annexed thereto, published for general information; and it 1; hereby notified, that the original Bill has been withdrawn, and that the said amended Bill will be laid before the Legislative Council, and read a first time, after the expiration of One Month from this date.
By Command,
Colonial Secretary's Office, Hongkong, 11th November, 1870.
REPORT.
J. GARDINER AUSTIN,
Colonial Secretary.
The Special Committee of the Legislative Council of Hongkong, appointed by His Excellency the Lieutenant-Governor to examine and report upon the Clauses of the Bill to amend the Law respecting Pawnbrokers, which was read a first time at the meeting of the Honorable Council, held on the 28th day of July last, have the honor to report as follows:-
The Committee are of opinion that the following Concessions should be granted to Pawnbrokers :--
Firstly. That they should be relieved from the Liability to make good the Loss of Pledges which may be stolen without any Default on their part, before the Period of Redemption, and therefore that Section XVIII of No. 3 of 1860 should be repealed as proposed in the Bill, so as to leave the Rights and Liabilities of the Parties on this subject, as they now exist by the Common Law of England.
Secondly.-That a Provision should be introduced in the Bill relieving Pawn- brokers from the Liability to forfeit their License at the discretion of a Magistrate for the Offences mentioned in Sub-sections 1, 3 and 4 of Section XXIV of Ordinance No. 3 of 1860, but that a Power to cancel the License in Gross Cases of Misconduct should be reserved to the Governor in Council in whom alone, the Power to grant the Licenses is now vested.
On the other hand the Committee are of opinion that Pawnbrokers should no longer be entitled to the absolute forfeiture of Pledges at the Expiration of Three Months (or Six in case of renewal) without regard to the value of the Pledge, but that they should have a Power of sale at the Expiration of One Month from the Period of Redemption, and that within Six Months from such Period,