HONG KONG LEGISLATIVE COUNCIL. 103
1st September, 1939.
PRESENT:―
HIS EXCELLENCY THE GOVERNOR (SIR G. A. S. NORTHCOTE, K.C.M.G.).
HIS EXCELLENCY THE GENERAL OFFICER COMMANDING THE TROOPS, (MAJOR GENERAL A. E. GRASETT, D.S.O., M.C.).
THE COLONIAL SECRETARY (HON. MR. R. A. C. NORTH, Acting).
THE ATTORNEY GENERAL (HON. MR. C. G. ALABASTER, O.B.E., K.C.). THE SECRETARY FOR CHINESE AFFAIRS (HON. MR. W. J. CARRIE, Acting). THE FINANCIAL SECRETARY (HON. MR. S. CAINE).
HON. COMMANDER G. F. HOLE, R.N. (Retired), (Harbour Master).
HON. DR. P. S. SELWYN-CLARKE, M.C., (Director of Medical Services). HON. MR. C. G. PERDUE (Commissioner of Police, Acting).
HON. MR. A. B. PURVES (Director of Public Works, Acting).
HON. SIR HENRY POLLOCK, KT., K.C., LL.D.
HON. MR. S. H. DODWELL.
HON. MR. CHAU TSUN-NIN, C.B.E.
HON. MR. LO MAN-KAM.
HON. MR. LEO D'ALMADA E CASTRO, JNR.
HON. MR. T. E. PEARCE.
HON. MR. J. K. BOUSFIELD, M.C.
HON. MR. LI TSE-FONG.
MR. C. B. BURGESS (Deputy Clerk of Councils).
104 HONG KONG LEGISLATIVE COUNCIL.
MINUTES.
The Minutes of the previous meeting of the Council were confirmed.
NEW MEMBER.
The Hon. Mr. R. A. C. North (Colonial Secretary, Acting) took the Oath of Allegiance and assumed his seat as a member of the Council.
PAPERS.
THE COLONIAL SECRETARY.―By Your Excellency's command I lay on the table certain papers, copies of which are already in the hands of Hon. Members with one exception ―the Ordinances of Hong Kong (1937 Editon), Volume II, 1901-1914 copies of which will be distributed after the meeting.
The papers laid on the table were:―
Amendments made by the Governor in Council under section 2 of the Advertisements Regulation Ordinance, 1912, Ordinance No. 19 of 1912, to the regulations relating to neon signs, dated 25th July, 1939.
Amendments made by the Governor in Council under section 7 (2) (a) of the Telecommunication Ordinance, 1936, Ordinance No. 18 of 1936, to the regulations relating to the wireless telegraph rates, dated 22nd July, 1939.
Amendment made by the Governor in Council under section 29 of the Waterworks Ordinance, 1938, Ordinance No. 20 of 1938, to Appendix 1 of the Schedule, dated 22nd July, 1939.
Notice given by the Governor under section 1 (2) of the Naval Volunteer and Defence Ordinance, 1939, Ordinance No. 25 of 1939, appointing the said ordinance to come into operation on the 1st day of August, 1939, dated 27th July, 1939.
Kailungwan West Extension Cemetery authorized by the Governor in Council under section 73 (1) of the Public Health (Sanitation) Ordinance, 1935, Ordinance No. 15 of 1935, to be used as a Chinese Cemetery, dated 30th June, 1939.
Quarantine (Measures on Arrival) Regulations made by the Governor in Council under section 8 of the Quarantine and Prevention of Disease Ordinance, 1936, Ordinance No. 7 of 1936, dated 31st July, 1939.
Regulation made by the Governor in Council under section 2 of the Emergency Regulations Ordinance, 1922, Ordinance No. 5 of 1922, relating to the censorship on English press placards or display-sheets, dated 4th August, 1939.
HONG KONG LEGISLATIVE COUNCIL. 105
Amendments made by the Governor in Council under section 38 (2) and sub-sections (1) and (2) of section 42 of the Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, to Table F in the regulations, dated 8th August, 1939.
Amendment made by the Governor in Council under sections 25 (4) and 42 of the Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, to Table M of the regulations, dated 11th August, 1939.
Amendments made by the Court of the University of Hong Kong on the 20th day of March, 1939, under section 14 of the University Ordinance, 1911, Ordinance No. 10 of 1911, and allowed by the Governor in Council, to the Statutes of the University of Hong Kong.
Amendments made by the Governor in Council under section 56 of the Trade Marks Ordinance, 1909, Ordinance No. 40 of 1909, to the Trade Marks Rules, dated 24th August, 1939.
Regulations made by the General Officer Commanding the Troops under section 10 of the Volunteer Ordinance, 1933, Ordinance No. 10 of 1933, with the approval of the Governor after consultation with the Commandant of the Hong Kong Volunteer Defence Corps, dated 21st August, 1939.
Defence Regulations made by the Governor under the Emergency Powers (Colonial Defence) Order in Council, 1939, dated 26th August, 1939.
Order made by the Governor under regulation 6 (2) of the Colonial Defence Regulations, dated 26th August, 1939.
Regulations made by the Governor under the Emergency Powers (Colonial Defence) Order in Council, 1939, relating to the transfer and mortgage of Hong Kong registered ships, dated 28th August, 1939.
Proclamation No. 7.―Hong Kong (Coinage) Order, 1936,―Cupro nickel ten cent and five cent pieces shall cease to be legal tender as from 1st of November, 1939.
Proclamation No. 8.―Hong Kong Naval Volunteer Force called out for actual service. Administration Reports, 1938:―
Part VI.―Public Works:―
Report of the Director of Public Works.
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Ordinances of Hong Kong (1937 Edition), Volume II, 1901-1914.
Report of the Committee of the Legislative Council appointed to consider and report on the desirability of amending the law relating to the prevention of eviction which had been enacted by Ordinance No. 6 of 1938, No. 5 of 1939 and No. 19 of 1939.
ANNOUNCEMENT.
By His Excellency's command, the Deputy Clerk of Councils read:―
Hong Kong.
Letters Patent passed under the Great Seal of the Realm, amending the Letters Patent of the 14th of February, 1917, constituting the office of Governor and Commander-in-Chief of the Colony of Hong Kong and its Dependencies.
Dated 29th June, 1939.
George the Sixth, by the Grace of God of Great Britain, Ireland and of the British Dominions beyond the Seas King, Defender of the Faith, Emperor of India:
To all to whom these Presents shall come, Greeting!
Recites Letters Patent of 14th February, 1917 and 30th April, 1938.
Revokes and replaces Article XVII of Letters Patent of 1917.
WHEREAS by certain Letters Patent under the Great Seal, bearing date at Westminster the Fourteenth day of February, 1917 (hereinafter referred to as "the Letters Patent of 1917"), as amended by Letters Patent bearing date the Thirtieth day of April, 1938, the office of Governor and Commander-in-Chief in and over Our Colony of Hong Kong and its Dependencies is constituted:
AND WHEREAS We are minded to amend the Letters Patent of 1917 in the manner following:
NOW KNOW YE that We do hereby declare Our will and pleasure as follows: ―
I. Article XVII of the Letters Patent of 1917 is hereby revoked, and the following Articles are substituted therefor:
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"XVII. Whenever the office of Governor is vacant, or the Governor is absent from the Colony, or is from any cause prevented from, or incapable of, acting in the duties of his office, then such person as may be appointed under the Royal Sign Manual and Signet, or, if there shall be no such person or the person so appointed shall be absent from the Colony or prevented from, or incapable of, acting as aforesaid, then the person lawfully discharging the functions of Colonial Secretary, or if there shall be no person discharging such functions, then the senior member of the Executive Council actually present in the Colony, shall, during Our pleasure administer the Government of the Colony, first taking the Oaths hereinbefore directed to be taken by the Governor and in the manner herein prescribed; which being done, We do hereby authorise, empower, and command such person, to do and execute, empower, and command such person, to do and execute, during Our pleasure, all things that belong to the office of Governor and Commander-in-Chief, as provided in these Our Letters Patent:
"Provided that the Governor or the person appointed as aforesaid, when visiting any neighbouring territories in the exercise or discharge of any powers or duties by these Letters Patent or otherwise conferred or imposed upon him by Us, or through one of Our Principal Secretaries of State, shall not be regarded as absent from the Colony for the purposes of this Article.
"Any such person as aforesaid shall not continue to administer the Government after the Governor or some other person having a prior right to administer the same has notified that he is about to assume the administration."
"XVII.A. In the event of the Governor having occasion at any time to be temporarily absent for a short period from the seat of Government, or, in the exercise or discharge of any powers or duties by these Letters Patent or otherwise conferred or imposed upon him by Us, or through one of Our Principal Secretaries of State, to visit any neighbouring territories, he may by an Instrument under the Public Seal of the Colony appoint any person or persons to be his Deputy or Deputies within the Colony or any part or parts thereof during his absence from the seat of Government or from the Colony, as the case may be, and in that capacity to exercise, perform and execute for and on behalf of the Governor during such absence, but no longer, all such powers and authorities by these Letters Patent or otherwise vested in the Governor as shall in and by such Instrument be specified and limited, but no others. Every such Deputy shall conform to and observe all such Instructions as the Governor shall from time to time address to him for his guidance. By the
"Succession to Government."
"Appointment of Deputies to Governor."
108 HONG KONG LEGISLATIVE COUNCIL.
appointment of a Deputy or Deputies as aforesaid the power and authority of the Governor shall not be abridged, altered, or in any way affected otherwise than We may at any time hereafter think proper to direct."
II. We do hereby reserve to Ourselves, Our heirs and successors, full power and authority from time to time to revoke, alter, or amend these Our Letters Patent as to Us or them shall seem fit.
III. And We do direct and enjoin that these Our Letters Patent shall come into operation on a date to be fixed by the Governor by Proclamation in the Hong Kong Government Gazette, and shall be published in the said Gazette, and shall be read and proclaimed at such place or places within the Colony as the Governor may think fit.
In Witness whereof We have caused these Our Letters to be made Patent.
Witness Ourself at Westminster this twenty-ninth day of June, 1939, in the Third year of Our Reign.
By Warrant under The King's Sign Manual.
Schuster.
Proclamation.
No. 9.
[L.S.] G. A. S. NORTHCOTE,
Governor.
WHEREAS by Article III of the Letters Patent intituled "Letters Patent passed under the Great Seal of the Realm, amending the Letters Patent of the 14th of February, 1917, constituting the office of Governor and Commander-in-Chief of the Colony of Hong Kong and its Dependencies" and dated the 29th day of June, 1939, a copy whereof is appended to this Proclamation, it is directed and enjoined that the said Letters Patent shall come into operation on a date to be fixed by the Governor by Proclamation in the Hong Kong Government Gazette, and shall be published in the said Gazette, and shall be read and proclaimed at such place or places within the Colony as the Governor may think fit:
AND WHEREAS I have thought fit that the said Letters Patent of the 29th day of June, 1939, shall be read and proclaimed in the presence of the Legislative Council of this Colony on this 1st day of September, 1939, at the Council
HONG KONG LEGISLATIVE COUNCIL. 109
Chamber and that they shall come into operation on the 1st day of September, 1939:
AND WHEREAS the said Letters Patent have been so read accordingly:
NOW THEREFORE I, SIR GEOFFRY ALEXANDER STAFFORD NORTHCOTE, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Governor and Commander-in-Chief of the Colony of Hong Kong and its Dependencies and Vice-Admiral of the same, do hereby PROCLAIM the said Letters Patent of the 29th day of June, 1939, and fix that they shall come into operation on the 1st day of September, 1939.
Given under my hand and the Public Seal of the Colony of Hong Kong this 1st day of September, 1939.
Published by His Excellency's Command.
R. A. C. NORTH,
Colonial Secretary.
GOD SAVE THE KING.
FINANCE COMMITTEE'S REPORT.
THE COLONIAL SECRETARY, by command of H.E. The Governor, laid upon the table the report of the Finance Committee (No. 6), dated 27th July, 1939, and moved that it be adopted.
THE FINANCIAL SECRETARY seconded, and this was agreed to.
MOTIONS.
THE ATTORNEY GENERAL moved:―
1. Resolved pursuant to section 3 of the Public Officers (Changes of Style) Ordinance, 1937, that the style of the office of "Air Raid Precautions Officer" be changed to that of "Director of Air Raid Precautions" for all purposes and that the following addition be made to the Schedule to the said Ordinance:―
Old Style of officer, office or department.
New Style of officer, office or department.
————————————————— ————————————————— Air Raid Precautions Officer. Director of Air Raid Precautions.
110 HONG KONG LEGISLATIVE COUNCIL.
2. Resolved pursuant to section 4 of the Law Revision Ordinance, 1937, that the following Supplementary Schedule be added to that Ordinance:―
Supplementary Schedule.
SHORT TITLE. AMENDMENT.
———————— —————————————————————————
The Code of Civil Procedure, 1901. (No. 3 of 1901).
The Schedule is amended by the substitution of the words "His Honour" for "the Honourable" in―
(i) Form No. 1 at line 16;
(ii) Form No. 2 at line 16;
(iii) Form No. 5 at line 8;
(iv) Form No. 6 at lines 5 and 6;
(v) Form No. 13 at line 10;
(vi) Form No. 25 at line 10;
(vii) Form No. 29 at line 20;
(viii) Form No. 30 at line 38;
(ix) Form No. 31 at line 26;
(x) Form No. 32 at line 25;
(xi) Form No. 34, as amended by G.N. 290 of 1935, at line 20;
(xii) Form No. 38 at line 16;
(xiii) Form No. 42 at line 21;
(xiv) Form No. 45 at line 22.
He said: The second resolution is purely formal. It clears up that Ordinance which is only intended to remain in the Statute Book for a short time as it is to be repealed by another Ordinance to-day.
THE COLONIAL SECRETARY seconded, and the two resolutions were carried.
BIRTHS AND DEATHS REGISTRATION AMENDMENT
BILL, 1939.
THE ATTORNEY GENERAL moved the first reading of a Bill intituled "An Ordinance to amend the Births and Deaths Registration
HONG KONG LEGISLATIVE COUNCIL. 111
Ordinance, 1934." He said: The object of this Bill is explained in the Memorandum attached to it and is to impose a fee for late registration of births and deaths.
THE COLONIAL SECRETARY seconded, and the Bill was read a first time. Objects and Reasons.
The "Objects and Reasons" for the Bill were stated as follows:―
1. The object of this Bill is to amend the principal Ordinance, No. 21 of 1934, by imposing a fee for late registration of births of one dollar, where the information is given more than fourteen days and within twelve months after the birth, and of ten dollars where registration is effected, with the consent of the Registrar General, more than twelve months after the birth.
2. Registration during the first fortnight after birth will continue to be free, and free certificates of registration will continue to be issued under sub-sections (1) and (4) of section 9 of the principal Ordinance.
URBAN COUNCIL AMENDMENT BILL, 1939.
THE ATTORNEY GENERAL moved the first reading of a Bill intituled: "An Ordinance to amend the law relating to the Urban Council." He said: The object of this Bill is to substitute the Deputy Director of Health Services for the Director of Medical Services in two sections of the Urban Council Ordinance, 1935.
THE COLONIAL SECRETARY seconded, and the Bill was read a first time. Objects and Reasons.
The "Objects and Reasons" for the Bill were stated as follows:―
The object of this Bill is to substitute the Deputy Director of Health Services for the Director of Medical Services as Vice-Chairman of and professional adviser to the Urban Council in all medical matters, including matters of public health and sanitation, and as superintendent of the enforcement and observance of all Ordinances relating to Public Health and the by-laws and regulations made thereunder.
PREVENTION OF EVICTION CONSOLIDATION AND
AMENDMENT BILL, 1939.
THE ATTORNEY GENERAL moved the first reading of a Bill intituled "An Ordinance to consolidate and amend the Prevention of Eviction Ordinances, 1938 and 1939."
112 HONG KONG LEGISLATIVE COUNCIL.
He said: I have laid on the table a report of the Committee appointed to advise on this subject. This Committee has unanimously agreed on the repeal of all these Ordinances and their replacement by a new one. I move the first reading but I wish to point out a stipulation and that is that the Government is not satisfied with the proviso to Section 3 (5) (f) which you will find on page 3. It is very likely that, at the next meeting of the Council, Government will ask that that proviso be changed so as to apply only to mortages made before June, 1938 and, possibly, to contracts made before that date also. Any member of the Committee who may care to discuss this with me is welcome to my office. Subject to that reservation I think the Bill is acceptable to the Government and I move the first reading.
THE COLONIAL SECRETARY seconded, and the Bill was read a first time. Objects and Reasons.
The "Objects and Reasons" for the Bill were stated as follows:―
1. For a few years prior to the commencement of the Sino-Japanese hostilities the property market in the Colony suffered the effects of world depression and over-building with the result that the supply of dwelling-houses for the community exceeded the demand and rents generally were reduced.
2. The development however of the said hostilities and their southward trend led to an influx of refugees, some with money and others without, which reversed the process, so that the demand for accommodation rapidly overtook the supply, and to cope with the situation the Legislature in June, 1938, passed as a temporary measure the Prevention of Eviction Ordinance, No. 6 of 1938.
3. This Ordinance was amended by Ordinance No. 5 of 1939, and extended for a further year by Ordinance No. 19 of 1939.
4. The Legislature however passed the latter Ordinance without opposition only on receiving an assurance from the Government that all representations as to amendment of this special restrictive and temporary legislation would be referred to a qualified committee of two official and five unofficial members of the Legislative Council for consideration and report.
5. This consolidating and amending Bill has been drafted by that committee and represents their recommendations as to amendments of the law, the nature of which is set out in greater detail in the attached Table of Correspondence.
LAW REVISION BILL, 1939.
THE ATTORNEY GENERAL.―I move the suspension of so much of the standing orders of this Council as stands in the way of passing this Bill through all its stages to-day.
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THE COLONIAL SECRETARY seconded, and this was agreed to.
THE ATTORNEY GENERAL.―I now rise to move the first reading of a Bill intituled "An Ordinance for promoting the revision of the Ordinances of Hong Kong." This Bill has special reference to the second volume of Mr. Fraser's Ordinances which, it is hoped, will be brought into force to-morrow. It corresponds with a similar Bill passed in 1937 which related to the first volume. It is not a Bill which this Council can amend because the amendments made have already been incorporated in the printed volume, and if it is desired to make any amendment it will have to be effected by special ad hoc Ordinance. This is one reason why we should pass it through to-day because it is not open to discussion, but there is another reason which is more important. From page 69 onwards in the Bill it will be found that it deals with legislation of 1914 which had reference to the Great War which started in that year. The Editor in revising the Ordinances made the 1914 legislation applicable to any war in which His Majesty's Government may happen to be engaged, and therefore if this Bill is passed to-day and the second volume is put into force to-morrow it will be unnecessary to make any special ad hoc enactment which would otherwise have to be drafted in a great hurry. That is the main reason why I ask the Council to pass the Bill to-day.
THE COLONIAL SECRETARY seconded, and the Bill was read a first time. THE ATTORNEY GENERAL then moved the second reading.
THE COLONIAL SECRETARY seconded, and the Bill was read a second time. Council then went into Committee to consider the Bill clause by clause. Upon Council resuming,
THE ATTORNEY GENERAL reported that the Bill had passed through Committee without amendment in its clauses with the exception of a misprint in the marginal note which would be attended to, and moved that it be read a third time and passed.
THE COLONIAL SECRETARY seconded, and the Bill was read a third time and passed.
Objects and Reasons.
The "Objects and Reasons" for the Bill were stated as follows:―
1. The object of this Bill is to effect such amendments and incorporations as have been found necessary in the preparation of the new edition of the Ordinances of the Colony authorized by Ordinance
114 HONG KONG LEGISLATIVE COUNCIL.
No. 51 of 1936, and which, by section 6 of that Ordinance, are required to be submitted to the Legislative Council in the form of one or more Ordinances.
2. General provisions and amendments are contained in the text of the Bill; amendments and repeals of particular Ordinances are contained in the Schedule attached to the Bill and to the Schedule is attached a Table of Ordinances of which, certain sections being incorporated by this Ordinance in other Ordinances, the remaining portions are no longer required and are repealed by this Ordinance.
3. The objects and reasons of the principal amendments in the Schedule are set out in tabular form in the following memorandum:―
Memorandum.
NO. OF AMENDMENT
IN SCHEDULE. REASON FOR AMENDMENT.
————————— ————————————————————————— 2.―(1) The date inserted by this amendment is the date of coming into force of the edition of the Ordinances prepared by Sir John
Carrington.
(3) & (4) These amendments, together with those referred to in items 2 (7) and 2 (16), are based upon the corresponding Rules of the
Supreme Court in England and are designed to bring the local
practice as far as possible into line with the English practice in
actions by money-lenders.
2.―(9) & (11) These amendments are designed to bring the local practice into line with the current English practice.
(23) & (24) These amendments incorporate the provisions of the Crown Suits Ordinance, No. 5 of 1910, repealed by this Ordinance (see
item 27), in their appropriate place in the Code of Civil
Procedure.
The remaining amendments in item 2 are designed to bring the local
practice into line with the current English practice.
5. No longer necessary. Applications for naturalization are dealt with under either the British Nationality and Status of Aliens Acts,
1914 to 1933, or as regards local naturalization, Ordinance No.
44 of 1902. As to the effect of repeal, see Ordinance No. 31 of
1911.
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NO. OF AMENDMENT
IN SCHEDULE. REASON FOR AMENDMENT.
————————— ————————————————————————— 9. The substitution of the year 1938 for the year 1913 covers the period for which this Ordinance has been extended by G.N.'s 426 of
1924, 490 of 1925, 454 of 1926, 472 of 1927, 655 of 1928,
567 of 1929, 567 of 1930, 4 of 1932, 559 of 1932, 604 of
1933, 905 of 1934, 635 of 1935, 689 of 1936 and 560 of 1937.
10.―(18) & (19) These amendments are consequential on the transfer of rules from the schedule to the corresponding volume of the Regulations
of Hong Kong.
(31) to (34) These amendments are made to avoid duplication of procedure.
11. Amendments consequential on the repeal of Ordinance No. 9 of 1901.
17. This amendment incorporates in the schedule the provisions of section 28 (3) of the Criminal Justice Administration Act,
1914, and substitutes in the same schedule for Ordinance No.
10 of 1905 Ordinance No. 49 of 1935 by which the former
Ordinance was repealed.
18. Repealed as no longer necessary. The Hong Kong College of Medicine owns no land and has no separate existence; it has
been amalgamated with the University of Hong Kong.
21.―(1), (2) & (17) and
23.―(1) to (26)
These amendments are necessary for the purpose of clarification and for the incorporation in the Ordinance of provisions introduced by various amending Ordinance.
24. In order to provide for the making of regulations for the prevention of accidents, the better inspection of steam-boilers and certain
exemptions of boilers constructed outside the Colony, certain
amendments have been incorporated in Ordinance No. 32 of
1909, and it has been found convenient to recast the
Ordinance.
116 HONG KONG LEGISLATIVE COUNCIL.
NO. OF AMENDMENT
IN SCHEDULE. REASON FOR AMENDMENT.
————————— ————————————————————————— 26.―(2) Section 30A incorporated in Ordinance No. 28 of 1914, section 24 [see item 56 (17) (iv)], and section 30B repealed.
29.―(2) Clarification.
(4) Repealed as unnecessary: see Ordinance No. 13 of 1886 [Commissioners Powers].
(7) Repealed as no longer necessary.
(18) The whole of this Part except the heading has already been repealed.
31. Since the passing of Ordinance No. 10 of 1911 [University] it has been extensively amended by numerous amending Ordinance;
and the statutes of the University which have been made
thereunder and also amended deal with some matters more
appropriate to the Ordinance itself: similarly the Ordinance
contains some matters of detail more appropriate priate to the
statutes. The result has been a constitution and a collection of
rules which, though workable, yet present many practical
difficulties by reason of overlappings and ambiguities, for
which the only reason may be that all the matter was not
before the draftsman when the Ordinance was first prepared.
Both the Ordinance and the statutes have been recast with no
material changes, with a view to clarification, and the statutes
re-enacted and transferred to the corresponding volume of the
Regulations of Hong Kong.
33. Amendments to facilitate the transfer of the regulations in the schedule to the corressponding volume of the Regulations of
Hong Kong.
35.―(4) & (10) Incorporate the provisions of section 42 in section 11. (9) (i) (a) Provides for the appointment of a Governor's Deputy. (ii) (a) Defines "principal datum."
HONG KONG LEGISLATIVE COUNCIL. 117
NO. OF AMENDMENT
IN SCHEDULE. REASON FOR AMENDMENT.
————————— ————————————————————————— (iv) (d) Substitutes the more usual definition of "will."
(13) Incorporates the provisions of sections 3, 4, 5 and 6 of Ordinance No. 5 of 1910 [Crown Suits], repealed by this Ordinance.
(14) Consequential on (13).
(15) A correction in date―the commencement of the Interpretation Ordinance, 1897, [No. 24 of 1897].
36.―(3) Amendment for conformity with the present English law.
40. The Order in Council of 2nd February, 1895, was repealed and replaced by the Hong Kong (Coinage) Order, 1936―
Proclamation No. 1 of 1937.
42. This amendment incorporates certain provisions previously dealt with by regulations but more appropriate to the Ordinance
itself.
43.―(1) The words "law agent" are no longer required: see the Law Agents (Scotland) Act, 1873.
46. Repeals the penal provisions relating to adultery with a Chinese married woman but preserves the husband's right to claim
compensation against an adulterer.
49. See item 40.
51.―(12) Provides a less drastic penalty for breach of regulations than striking off the register of schools.
55 and 56. The provisions of Ordinances No. 25 of 1914 [Trading with the Enemy] and No. 28 of 1914 [Alien Enemies (Winding up)]
have been revised in order to make them applicable to any
future war in which His Majesty may be engaged, and No. 25
of 1914 has been rearranged and to some extent simplified.
118 HONG KONG LEGISLATIVE COUNCIL.
4. Generally speaking, with the possible exception of the Steam-boilers (now the Boilers) Ordinance, No. 32 of 1909, it may be said that this revision, like the revision of the Ordinances contained in the first volume of the new edition, has not introduced new matter into the law of the Colony but has been confined to the collection of the existing law, the repeal of spent legislation, the correction of obvious errors, the standardization of expression and the removal of inconsistencies.
5. This Ordinance repeals the previous Law Revision Ordinance, No. 27 of 1937, without prejudice to the amendments made by that Ordinance in the Ordinances passed during the year 1901.
KOWLOON UNION CHURCH INCORPORATION BILL, 1939.
HON. MR. T. E. PEARCE moved the first reading of a Bill intituled "An Ordinance to provide for the incorporation of the Kowloon Union Church." He said: All the formalities in connection with this Bill have been complied with and the names of the Trustees have been submitted and approved. The desirability of the incorporation is clearly stated in Clause 3 of the Objects and Reasons and requires no further explanation.
HON. MR. S. H. DODWELL seconded, and the Bill was read a first time. Objects and Reasons.
The "Objects and Reasons" for the Bill were stated as follows:―
The Kowloon Union Church is at present managed by a Committee of Management which is elected at the Annual Meeting of the Members of the Church. The Church has acquired a property registered in the Land Office as Kowloon Inland Lot No. 2174 and have constructed thereon a Church building and manse. The Crown Lease is at present granted to the Trustees of the Union Church in Hong Kong.
2. The Church also has certain endowment funds invested in local securities.
3. In order to secure perpetual succession and other advantages of incorporation, it is proposed that Trustees be appointed with the title of "Trustees of the Kowloon Union Church" and that such Trustees be incorporated and the Ordinance now proposed follows in its main lines other incorporation Ordinances which have been passed from time to time especially Ordinance No. 19 of 1931.
ADJOURNMENT.
H.E. THE GOVERNOR.―Council stands adjourned till 2.30 p.m. on Thursday, September 14.