HONGKONG
·
LEGISLATIVE
COUNCIL
A meeting of the Hongkong Legislative Council was held yestoday at the Council Chamber.
The following were present:
Is EXCELLENCY THE GOVERNOR, SIL FRANCIS HENRY MAY, K.C.M.G.
HIB EXCELLENCY MAJOR GENERAL F. H. KELLY, CB (General Officer Command- ing Troops).
Hon. Mr. CLAUD BEVERN (Colonial Secretary).
Hon. Mr. JH KEHP (Attornoy. General)
Hon. Mr. A. M THOMSON (Colonial Treasurer).
Hon. Mr. W. CHATHAM, C.M.G. (Director) of Public Works).
Hon. Mr. 8. B. Chinese Affairs).
Ross-(Scoretary-for
Hon. Mr. C. MOI. MESSER (Captain Buperintendent of Polico)..
Hon Mr. WEI YUR, O.M.G.
Hon. Mr. E. A. HEWETT, 0.1.G.
For Mr. D. LANDALE
Hon. Mr. E. SHELLIM.
Hơn. Bi LsE CHƯ PAE.
Mr. A. G. M. FLETCHEN (Clerk of Coun cil).
MINUTES.
The minutes of the previous meeting we're erinfirmed.
FINANCIAL MINUTES.
The COLONIAL SECRETARY, by command of H.E. the Governor, laid on the table Financial Minutes No.'s to 9 and moved that they be referred to the Finance Com mitte.--
The COLONIAL TREASURER Seconded, and the motion was agwed to,
PAPERS.
The COLONIAL SECRETARY, by command of H.E the Governor, laid on the table the report of the Finance Committee held on the 18th March, and moved that it be adopted.
The COLONIAL TREASURER SEConded, and the motion was agreed to.
The COLUNIAL SECRETARY, by command of H.E. the Governor, laid upon the table the Report of the Police Magis- trates Court for 1814, Béport of the Finances for 1914, the Financial Return for 1914, and also a despatch from the Secretary of State for the Colonies ou the sabject of the contribution in Hung- kong to the Prince of Wales' Fund..
AUTERED RATE PERCENTAGES.
The COLONIAL SECRETARY-Sir, 1 beg to INOVO the following resolution:
Resolved by the Legislative Counel that the percentage on the valuation of tonoments payable as rates in the under mentioned places be altered from the 1st July, 1005, as follows:-Sai Wan Ho from 10 to 121; Shaukiwan East from- 10 to 191; Shaukiwau West from Jej to 12 Tsing Shui Ma Tau From 10 to 19 Po Kau Wat from 10 to 124
The COLONIAL TREASURER Conded, and
this was agreed to,
SO THE FRENCH CONVENT.
The Hon. Mr. POLLOCK moved the first reading of a Bill intituled "An Ordin- anco to provide for the incorporation of the Mother Superior in this Colony
of the Society of the Sours de Saint Pan de Chartres by which the instiu- tion known as the "Asile de la Saints Enfance and "as the French Convent is carried on."
The Hon. Mr. SHELLIM Spaded, and the motion was agreed to.
The Objects and Reasons attached to the
Bill are as follow:
Tho Sœurs de Saint Paul de Chartres (best known as the French Convent) have acquired land in the Colony for the purposes of enrry- ing on their churiable work, Difficulties have arisen, and may hereafter arise, in holling and dealing with such land as it has, at present, to be vested in the mms of some individual in trust for the Convent order to get over such difficulties it is desired that the Convent should be incor- porated by Ordinance. Similar incorpora- tion has taken place in the past in the case of other Missions for similar reasons.
In
The present Bill effects such incorporation and contains the necessary provisions for erkleeing the authority of the Mother Superior for the time being to act for the corporation in relation to such land.
ESTATE DUTY ORDINANCE.
The ATTORNEY-GENERAL moved the first reading of a Bill intituled "An Ordinance to provide for the levy of Estate Duty payable in respect of the estates of de- censed persons.
The COLONIAL SECRETARY BCCondod, and the motion was agreed to.
The Objects and Reasons appended to the Bill are as follows:-
Section 1 is formal. Section 2 makés "cortain minor amend-
ments.
Section 3 defines the meaning of certain
Keimsinsed-ja the Bill... Section 4 provides for the levy of state duty substituting: this term for the existing "Probate Duty." Section & sets out the property which is
deemed to pass on death, Section @ozeipts from. 'the payment of estate duty transactions for our con sideration, property outside the Colony, and shares on local registers, Section 7 provides for the aggregation of the value of all deconsed person's property in respect of which duty is payable for the purpose of determining the rate at which ostate duty shall be charged.
Section 8 sets out the manner in which astato duty is to be paid and contains the new provision that interest shall be payable upon estate duty from the date of death to the dato of payment. A similar provision exists in England. Section Introduces the new allowance of an exemption for funeral expenses, which have not up to the present time
been allowed to be deducted. Section
THE HONGKONG DAILY PEESS FRIDAY, APRIL 23RD, 1915.
";
under the Principal Ordinance in respect of occasions he has been unable to take pro-l claims which are not disputed. It is scentions, and therefore it has been neces obviously undesirable that the estate should sure to call in outside aid.
THC, ATTORNEY-GENERAL—The two ho saddled with the costs of suck unnoots sary actions, and it would be unfair to thepartments are rather shorthanded, and other editors, and against the spirit of there is a great deal of extra work the Principal Ordinance, if not against it express provisions, the plaintiff in any such action were to obtain any priority theroly.
THE CHARAy Alongh this amount is not required at present, it was thought. batter to come to the Council now and call for a sufficient Amount to corry us A somewhat similar provision exists in the whole war in themyint of fun. ther pivnitary arising. The percent bankruptcy law, where no action can be liabilities are only about 0. commenced or continue except with the leave, of the Court and on such termés: as the Court may impese. The authority pro posed in the Bill is the Governor and not the Court because the general home of the Principal Ordinance is a winding up. under the control of hte Governor, while in bankruptcy the winding up is under the supervision of the Court.
It should be remembered that the winding up under the Principal Ordinance dillers from the winding up in bankruptcy in one very important point, for the winding up in bankruptcy results eventually in the discharge of the debtor from all claims provable in the bankruptcy, while the wind. ing up under the Principal Ordinance will not result in any such discharge, Accord 10 provides for the filingly, refusal under the proposed Ordinance ing of accounts, and gives the to allow an action to be brought, would not to determine the remedies of the creditor Commissioner
special powers summon persons before him, under ngainst the alien enemy.. penalty, in
It is also provided that the requirement of default, in order to enable him to chtain a full dis of the Governor's permission shall apply closure of the property of a deceased actions brought directly against alien person It also gives him power to inuenies who affairs are being wound up spect properties and obtain valuations or whose affairs it is expedient should be would up, as well as to actions brought against their liquidators.
thereof
case.
Section 11 provides that no grant shall
On the other hard issuo amtil after estate duty has been
is proposed that -paid. Similar provision to that in the liquidators must obtain the permission of existing luw is made for cases in which the Governor before beginning any legal the value of an estate cannot be asoer- proceeding in respect of the winding u tained immediately; and a new clause that the permission of the Governor will is inserted giving power to the Commis. he required for actions by liquidators as well sioner to allow the postponement of pays for actions against liquidators. ment of astato duty in cases where the eraction of immediate payment would he aardship. Section 12 and 13 re-ennet in slightly alterat form similar provisions in the existing law with the addition of clauses providing for the calculation of estate duty on the value of interests in expect aney and interests ceasing on death. Section 14 introduces the new principle
THE PRINCE OF WALES'
FUND.-
AN ACKNOWLEDGMENT. At the mooting of the Hongkong- Legislative Council yesterday, the follow- ing letter, from the Rt. Hon: Lewis Har- court (Secretary of State for the Colonies), was laid cut the table:Thave the honour to acknowledge the receipt of your despatch No./17 of the 14th January, reporting that a sum of £17,000 bis been remitted to the credit of the Prince of Wales' Fund, as a first paynicut account of the subscription from the com- munity of Hongkong. I have to request that you will communicate to the sub- scribers an expression of my appreciation of the generosity they have shown. The hearty co-operation of the Chinese and Portuguese communities is capoially gratifying."
оть
THE INTENTION OF A 'DEED. At the Supreme Court yesterday, 'Ng Shu Kan, as administrator-of-the-state- of Ng Kin Chin, deceased, brought an action against Bhck Fuk, of 22, Main Street, Shaukiwan Enet, claiming certain parcels and & deed, dated December 3rd,
notions against-liquidators or against alienaue part, and defendant on the other. The Bill also gives the Court power to stay 1001, made between Ng Kin Chu on the enemies where the inerests of justico seem Mr. G. C. Alabaster (instructed by Mr. to require that such should be done on Baker, of Messrs. Ewens & Needham) account of the impossibility of obtaining
Another objcet of the Bill in to provide expressly that actions against liquidators shall hind the alien onemies whose affairs are being wound up.
proper instructions owing to the existenen
of a state of war.
Mr.
that estate duty shall be a charge a
It also confers on fiquidators the right, the property in respect of which it is leviable. It also gives power to raise, with the permission of the Governor, to by means of sale, mortgage or termin apply to the Court for directions on any it should carry out the true inteulion of |
matter arising out of the winding up..
able charge, the amount payable for estate duty. Section 15 provides for the apportionment of the estate duty between the parties liable, with liberty to apply to the Court in case of dispute, Section 16 gives power to the Governor. in-Council to remit the payment of estate duty. on equitable grounds. Section 17 contains new provisions giving any person aggrieved by the decision cf the Commissioner a right of appeal to the Supreme Court. Section 18 introduces an important inno vation unlculated to prevent the non-dis closure of property. A schedule of the property of a deceased person must be nonoxed to the grant and it is the duty of any person before dealing with the
It also gives porer to the Governor to inerred outside the Colony. It is not allow liquidators to discharge liabilities intended that this power if given should he exercised to the prejudice of the discharge of liabilities incurred in the Coliny.
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appeared for the plaintiff, and Mr. Eldon IN CEYLON. WOOL CREPE. WOOL TATFATA, VIYELLA, Exo, Potter (instructed by Mr. G. K. Hall Brutton) was for the defence, Alabaster remarked that the claim was one for the rectification of a docd-so-that
the parties, because the deed and the plans attached to it, as drawn, did not, they of the parties. The questions which his. (plaintiffs) said, carry out the intention lordship would have to decide would centre in a lot of ground in Shankiwan, known as Shaukivan lot No. 62. On the The Bill also provides that the assets ground were four houses all fronting on realised or brought to credit by the liqui- Main Street, and it was alleged that the dators shall include credit lalances' at banks, dood, hy an error, xovided for the sale or in the hands of compradores, but it gives of two houses, whereas it was the inten the Governor discretion to whether any remuneration shall be drawn on any such balances.
BIJOU THEATRE.
SPECIAL ENGAGEMENT. FOR A SHORT SEASON ONLY.
TO-NIGHT! determinetion of the parties to sell only one honze, The hearing occupied the whole day and was adjourned until Monday..
It also provides that liquidatoys-must, not. sell any goodwill or trade marks without per mission."
WITHDRAWN.
The ATTORNEY-GENERA-I beg to move, Sir, that the most item on the orders
The COLONIAL SECRETARY conded, and this was agreed to
THE ALLEGED BRIBERY CASE.
persons" be discharged, as the Estate Hawkins, of the A.S.C., to accept a bribe Bill, which has just been read a frst was again mentioned at the Magistracy time, is a substitution for the Bill refer-
Mr. E. J. Grist (for the yesterday, red to in this item.
defence asked the Magistrate if, suppor- ing there were a controversy about the adsignature to the 1.0.U. for $100 con. cerned in the case, and his worship was of opinion that it was a forgery, would the Court send the case for trial at the Sessions?
His EXCELLENCY Council stands journed till this day week.
FINANCE COMMITTEE.
property of a deceased person to satisfy of the day (second reading of Bill
The case in which the manager of the himself that the properly with which he intituled, An Ordinance to provide for Wing On coal contracting firm is charged proposes to deal is included in this sche the levy of Estate Duty Duty payable with attempting to induce Staff-Sergeant dule: A penalty of 2500 is prescribed in resnest of the estates of deceased for non-compliance with the provisions of its section. Section 10 sub-sertion (1) re-enacts the existing tow. Sub-section (2) is now and is inserted with a view to prevent the conceniment of the property of a de censed person by making it obligatory fir "persons concerned to inform the Com- missioner of the existence of fuck prop- erty at the earliest possilip moment after such decensed prisma's death, Section 20 throws the ones of disclosing mesting of the Finance Committee the property of a deosused person, in was then held, this COLONIAL SECRETARY certain cases un the person having know- ledge of such property. The cases are those in which deceased persons have had an interest in a shop, bank or other business undertaking.
The Commisel sioner. has little opportunity of dis covering such an interest unless it is dis closed; evasion has heen, it is thought, very prevalent in the past. It is hoped to minimise this evasion by imposing upon the manager of such shop, bank or business the duty of making a disclo
sure.
presiding.
JSCELLANEOUS WAR SERVICES.
The Magistrate answered that if Mr. Duroy gave evidence that the signature to the 1.0.U. was a forgery, the case The Governor recommended the Coun.uld be sent to the Sessions
to vote a sum of $30,000, in aid of the vote Miscellaneous Services, War Depart ment Expenditure.
be sufficient to the end of June.
The CHAIRMAN-This is cateulated to
This was agreed to.
PUBLIC WORES EXTRAORDINARY. The Governor ricommended the Coun cil to vote a sum of $1,500, in aid of the Section 21 is an innovation and provides vate Public Works Extraordinary,
Hongkong, for the filing of adequate accounts by a 1
Communications,
Roads, Executor should he be called upon so to General Work.
Section gives the Commissioner pawar to reduce any penalty incurred under
the Bill.
-
Mr. Grist said that in that case the hearing would not take long at the Magistracy. He would not call the defendant, and he would not cáll any witnesscs.
The Crown Solicitor said 'ths 1.0.0. had not been proved yet. The suggestion was put to the Sergeant that that was his signature, and he knew nothing about i. Persormily, he could not see that the document was properly before the Court until it was proved. This was put in merely for identification, and he thought he was perfectly entitled to call evidence when it was proved in rebuttal
Mr. Grist said he did not think that
The further hearing of the case was fixed f. Wednesday next, at 2.15.
HONGKONG TENNIS
da by the Commissioner. In the past. The Chairman-This vote is due to cer the only maurier in which an executor tain work which it was rather difficult to could ho compelled to file any acequnts foresee. It is in connection with Taiwan was by mean of an application made to Lane. A portion of the read between the would arise in that Court. the Court by a party interested. This new houses is unformed and uneven procedure was cumbrous and very rare ground, which, it is expected, when the The object of this Hill in 10 endeavour to
·ly used
wet weather comes, will become a qung place upon a more regular and satisfactory
mire, and it will not be possible to drain footing than at present obtains the law and
it properly. It is therefore necessary to the administrative arrangements relative to
raise the road and form its as to eur- -the payment and collection of the duty-leri-
The First Schedule amends certain por respond with the portion of the road 25. able upon the estates of deceased persons.
The existing law, contained in Ordinances of the existing law which, with one es already formed. It has been considered ception, are dealt with by this Bill. This advisable to proceed with the work, sid No. 2 of 1897 and Ordinance No. 16 of 1901, exception is the amendment of section 19 it is estimated to cost $1,500. Have you actions 22 of 27, is not altogether satisfac
anything to say, Mr. Director of Public At pre-Works? tory. The definitions of property are not exhaustive, and there exists no effective summarily with estates not exceeding 800 in just making up the street, that is all.
THE DIRECTOR OF PUBLIC WORKS It is machinery for enforcing a full disclosure of value.
This init has been found in prac the property of a deceased persun. The Dill tice to be too low end by this amendment therefore defines property in detail and it is raised to $250,\, -
The Governor recommended the Coun- provides the Commissioner with suitable The Second Schedale sets out the rates at cil to vote a sum of $18,000, in aid of the owns for obtaining all the necessary infor: which Estate Baty shafi bo charged. These rute Miscellaneous Services, Telegraph rates are the sanie as those in force at pre-Services, telegrams sent and received by sent.
mation.
of the Probate Ordinance, 1897. sent the Official Administrator can only deal
.....
MISCELLANEOUS SERVICES.
1
TOURNAMENT.
LAST NIGHT'S GAMES.
TO-NIGHT!! ALBERT MORROW.
THE ACTOR MAGICIAN, Featuring his Weird Novelty,
AND COMIC GREAT DRAMATIC
FILMS, ETC. 9.15 PM. ORCHESTRA IN ATTENDANCE. Hongkong, 1st April, 1915.
ALSO
(625
THE following are some of the notable features of the
NEW "REMINGTON" Models 10 and 11- these Modals opustitute another epoch-making advance in the Progressive Development of the Writing Machine
REVERSIBLE TABULATOR RACK, NEW COLUMN SELECTOR (No. 10). NEW BUILT-IN DECIMAL TABULATOR NEW ESCAPEMENT.
TYPE BARS. NEW KEY LEVERS. NEW CARRIAGE.
Following are the results of the games NEW CARRIAGE RELEASE SYSTEM. played last evening:-
Open Championship Singles-Ng. Zze Kwong beat N. E. Kont, 61, 0-6 5-7, 63, 63.
Singles "A" class-S. E. Groen (owe 80) boat W. H, Ford (ove 8/6), 7—5, 7--5.
Mixed Doubles R. and H. Hancock (owe 30) bent G. Miskin and R. 6. Amory The Third Schedule contains tables of the THE CHAIRMAN This is in contection (scratch), 6-2, 97, 3r. and Mrs. Hewitt values of aunties for use in the calculation with telegrams. Expenditure in telegrams (scratch) bent Mr. and Mrs. Stark (owe 3/6) values of annuities for use in the calonlation is still very heavy, and it is quite - 6-2, 6-1.
Government. `-.
of estate duty on life interests. The tables possible to calculate what will be required
Handicap Doubles-Colonel Crisp and for the year, but this amount of $16,000 of June at any rate. As the expcu arc (receive 4/6), 6-1, 6-4. will be sufficient, it is thought, to the end! Captain Hinttorsley-Smith towe 16) beat P F. J. Wodehouse and W. G. Worcester going on it has been necessary to come to Council for the vote. This was agreed to...
The Bill also contains rigorous provisions imposing upon various classes of persons against whom under the present law it would be impossible to proceed the obligation of Poing, so far as they are concerned, that the law shall be carried out; the principla
are taken from the law in force in Fiji. involved being that it is the duty of persons.
ALLIEN, ENEMIES (WINDING UP) AMENDMENT cognisant of property, a portion of which
ORDINANCEADA belongs to the revenue of the Colony, to as List Government in ensuring that its re- The ATTORNEY-GENEAL moved the first venue shall not be defrauded. In this con- reading of a Bill intituled “An Ordin- riaction the Bill also provides that a schedule ance to amend the Alien Enemies (Wind- of property shall be attached to every Pro-ing up) Ordinance, 1914, and to give hate or Letters of Administration and power to stay actions againas alien throws an obligation on any person who enemies." deals with the property of a deceased person after the grant of Probate or Letters of Administration, of making certain that all the property with which such person in fact deals is actually included in the schedule attached to the grants.
The COLONIAL SECRETARY seconded, and the motion was agreed to
The Objects and Reasons appended to the Bill are as follow:-
One object of this Bill is to prevent actions being brought against liquidators appointed
JUDICIAL AND, LEGAL EXPENDITURE. The Governor recommended the Court- cil to vote a sum of $1,500 in aid of the vote Judicial and Legal Departments,
Office of Crown Solicitor and Land Re gistry, Other Charges, Crown Solicitor, Employment of outside legal assistanos to prosecute in Criminal Sessions.
THE CHAIRMAN-The Crown Solicitor has been so fully occupied that on certain
HONGKONG TRAMWAY CO. The following are the Company's figures for week ending April 17th-
Receipta
... 9,874 Decrease compared with cor-
responding week last year... Aggregate to date:
No. of weeks Total Decrease to date:
986
18
$171,870
8 20,037
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Sole Distributors, HONGKONG AND SOUTH CHINA,
Hasorosa" HOTEL BUILDINGS,
[502
Hongkong, 23rd April, 1915, APPLICATIONS FOR AGENCIES IN
CHINA AND JAPAN.
Should be sent to our Agente--
ME T.
RUDDIMAN JOHNSTON,
©18, Mikawadini-muohi, Araba-ku, Tokyo, Japan.
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