JOHN 1.
THE HONGKONG · DAILY PRESS FRIDAY, SEPTEMBER 9, 1929.
THORNYCROFT
AND CO., LTD.
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UP TO 50 KNOTS. TURBINES AND RECIPROCATING MACHINERY AND PROPELLERS.
MARINE AND STATIONARY OIL ENGINES 8 TO 90 REP. MOTOR VEHICLES 2 TO 6 TONS.
WATER-TUBE BOILERS.
Golf
Hose
FOR QCOTATION, APPLY-
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SHANGHAI.
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HONGKONG LEGISLATIVE
COUNCIL.
AMENDMENTS TO THE STAMP ORDINANCE'
CHILDREN'S CHARTER PASSED.
THE PROBLEM OF DISPLACED JUVENILE LABOUR.
A meeting of the Council was held panade
stamped us of right subject to certain penalties which are set out in the new sub-section (3) which is to be added to section 6 of the principal Ordinance...
3-Clause 3 is intended. to make it clear that the persons who ars required to take out certificates to practise must do so although they may not, be prac tising on their own acronut,
4-The present duty the appoint- ment of a new trustee is 20, and ap parently there is no duty on the transfer of the property to the new trustee. The the appointment of 24
uddition of the proposed new Heading The present duty on the apNo. 1, which is the object of clause 5 HIS EXCELLENCY THE OFFICES ADMINISTER pointaient of a new trustee is $10 and of the bill would have the effect of GOVERNMENT CAD apparently, that daty envers also the making the total daty on the appoint SEVERN, C.M.G.).
yesterday, Prescat:--"
ING THY
ade ong truster.
W
B.E. the General Officer in Command of transfer "of, property for the purpose ofment of a new trustre, and the transfer | the Troops (Major-General Sir Joseffecting the appointment. It to change of the property to him, 20. To avoid this, FOWLER, K.U.M.G., C.B., D.S.0.).
were made in the payment of trustee clause 4 proposes the addition to Head.
.
Hon. Mr. E. R. HALLAX, "OBE,
Hon. Mr. A. G. M. Femeier, 0.31.6%] duty, the effect of ciaîse & would be fing No. 3 of words which will make the
C.B.E. (Colonial Secretary)
that, on the appointment of a
new duty over both the appointment and Hon. Mr. J. H. Kr. K.C. C.B.trustre, the date would be and at the transfer. En England the instrument
Attorney-General).
pays. 10 s an appointment and 107- 200. Clause is intended to provide it respect of the transter.. The latter (Secretary for Chinese Affairs). that, in spite of clause u, u što daty will dity is nuler section oz of the stamp Act. Similar words are included in Hon. Mr. E. A. Invisa (Diretor of still cover both the appointment of a new the new Heating No, tha which is pro-
truster and the transfer of the property sed in clause 9. of the bill Education).
13.-Borle yaz kecure the payment or Pes Clause 5 is also a relaxation of duty payment of money, gan arbitration and provides that every bond which is to bond pay 30 at present. This seerns too! Вог Me. T... PRKISS (Director of secure payment or repayment of money high. Under the Stamp Ordinance, 1501. |
Public Works).
い
Hen Mr. D. W. TRAPMAN (Coloniki to him:
'Treasurer). '
יין
Hon. Mr. E. V. D. PARR.
Hon. Mr. A. O. Las.
Hon. Mr. Chow Snou-sox.
Hon. Mr. A. B. LOWE.
Hon. Mr. H. W. BHD.
Hon Mr. Na Hox Tsz. Mr. A.. Yks BALL (Clerk of Councils)
MINUTES.
The minutes of the last meeting of the Counell were approved and signed by the President.
FINANCE
INTIMATIONS
MOTOR BOATS FOR SALE.
The Twin Screw Tunnel Stern Motor Läunch ",ENRIGA "*
(Bailt of Steal},
Length overall."-36" 0". Breadth moulded.—11′′′6′′ Deptla moulded.--=0" 6',
Draught moulded.—18° to 19′′.
D. W. capacity na above draft-3 Speed-83 kuotė.
Engines -Twin got "Kelvin Motors.
soh 10 h.p.
Justalled with Elghat Divbl.
Price $10,000 or near, offere`
The Motorboat KEIKUNG !! (Bit of Teaky.
Length överall.—99.8/10. Breadth,-7.6, 10,
Draught (approximatej- 18′′. Fagin Kelvin" Parrañu Motor.
Price 81.800 or uear oder.
APPLY
has to pay an ad valorem duty, and not they paid the gine and colurem duty as alised sum of $20. That is really a relaxation. or reduction, of duty. There mortgage, and this is the rule in Eug may be eases in which a higher sum will and already been adopted in Ordinance land. Clause adopts this rule, which be payable under this clause, but in practice in most cases--the new beading No. 21 of 1923, for the case of bonds to will provide for a lower duty. It seems secure the payment of estate duty.
6-Chuke & proposes to insert a head- rather unfair that every bonil-whatever the amount should have to pay the coming which is ndapted from the English
Stan Acts. paratively large sum of $20. heading, 1 (a), applies to bonds the that upon ressigement of a security. New Consignments of the well- usual rate of mortgage duties.
The new
7-Clause 7 is intended to make it clear
I have dealt with blause & already, whether the reassignmem be a single Clause is merely intended to make it re-assignment of the whole security or eleur that, upon re-assignments of sunsiss of several separate re-assignments. The COLONIAL SECRETARY by comtind curity. duty must be paid on the total the total re-assignent duty must amount That to 10 cents for every $300 of the whole of H.E. The Officer. Administering the amount which may be advanced. Government, laid on the table Financial as the intention of the original heading, sum secured. It may happen that the mortgage is paid off in instalments. Minute No. 79, and moved that it but it was not quite clear.
Clause à deals with the duty on assign-
without any re-assignment taking place referred to the Finance Committer.
ment of trade marks. In February of on the payment of any given instalment. The COLONIAL TREASURER seconded, and this year the bending which appeared in This case is not niet very clearly by the the motion was agreed to,
the principal Ordinance was repealed by form of the present heading. regulation and another heading substitut.
The repeal of hending N 43, which
Des Your Road.
of
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THE SINCERE CO., LTD.
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THE NEW
MODEL
66
"VALET"
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to call at our trishment and
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uy it "Strops itself"-und
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own Blades sharp.
Price complete in Case and 35
وعليهانة
and leather Strop $2.95.
$2.95
COMPLETE
WHITEAWAY, LAIDLAW & & CO., LTD.,
HONGKONG.
THE STORE FOR VALUE.”
moved that it be adopted.
certain ainendment ¡D
14
NESTLE & ANGLO-SWISS CONDENSED MILK CO.
11. Quan's Roio Cestrát.
"
known' Váfindia' Egytion Cigarettes arriving monthly- Crown Prince, Non Plus Ultra, and Superfines,
FOR THE LADIES—“ DAMES", asd
FRANCE."
APPLY at the Sole Agests—
[1458
OFFICE REQUISITES
FILES. FOOLSCAP.
AND ENVELOPES.
The 'OLONIAL SECRETARY, by amanded. That regulation was clearly. I hit the regulations publish on the 21th For PRICES, WHOLESALE AND RETAIL,
E. The Offer Administering the valid in part, but its validity was doubtful February, 1960, purported to effect, was Government, laid on the table a Report of on another point, because it seemed to of doubtful validity, as it suhjerted the the Finance Committen (No. 18) and have the effect of subjecting a transfer. assigncient of trade marks to the "ad
Clauses HONGKONG CIGAR STORE. of goodwill-which must, of course, be lorem conveyance duty..
SHIPS SUPPLIED OUT OF BOND. The COLONIAL TREASURER seconded, and transferable with a trade markta af ad intended to make the stamp duty on an the motion was agreed to,
enlaram sluty.
This heading, proposed assignment of a trade mark (or trade to be substituted, is a return to the marks) with the goodwill $10. This was STAMP (AMENDMENT) ORDINANCE. former duty, and the effect will be that probably the intention of the original a duty an assignment of a trade mark or heading No. 4, because a trade mark The ATTORNEY-GENERAL moved the first marks, with; of course, the goodwill, and cannot be validly assigned without the reading of a Bill intituled An Ordinance the goods to which the trade marks apply,
goodwill. to amend the Stamp Ordinance, 1821. shall pay only $10, whether one trade
9.-Clanse 9 imposes a stamp duty of He said: This Hill proposes to make mark be assigned or more than one, and $20 on vesting orders other than vesting. the principal that no additional duty be payable on orders which fall within the definition of Ordinance, which was passed last yet transfer of the goodwill. It simplifies a conveyance on sale. An example of a The most important clause is clause duty very much because it is difficult, vesting order which would come under which proposes to alter the law with often, to ascertain the value of the good heading th would be a vesting order on regard to stamping out of time of agres will and, in a great majority of cases: it the appoinment of a new trustec, ment. I mention agreements because, while is stated to be of nominal value.
10.-Clause 10 proposes to effect an there are certain other classes of instru-
Clause is another aportant "amend- amendment which the regulations pub ments which are affected by the clause, by ment and provides for a stamp duty of lished on the 24th February, 1929, pur far the most important class of document 890 on, vesting orders other than those ported, with doubtful validity, to effect... affected is the agreement. At present which come under the definition of It is arguable that the amendment is not Lander" the existing law, an agreement conveyance on sale.
absolutely necessary, because section 23 must stamped within seven days of Clanse 0 is merely an attempt to clear of Ordinance No. 8 of 1921 provides that Execution, and if rot so stamped it cannot up a doubt which has arisen and to pro- voluntary disposition inter virus is to be prodied as evidence. The principal vide that the duty on voluntary lispost. be charged as if it were a conveyance o Ordinance contains a certain power of tions is to be the same at the duty on sale, and Ordinance No. 21 of 1921 made stamping agreements out of time, but the conveyancs-that is, 1 on every 2100, on the duty on conveyances for sale 81 scution is worded so strictly that an agree The original Bill provided for a scale of for every 8:00. It is, however, desirable ment can be stamped out of time only 50 cents on small assignments" and 81 to correct the present misleading beading ander very exceptional circumstances on large assignments, but that was alter No. 44, especially as it is also arguable Agrements are often entered into by ed. later, by the amending Ordinance, that the duty on voluntary dispositions persons who have no legal training, who and it is now proposed by this clause inter rira is really governed by that have received no legal advice, and who 10 to apply the same rule to voluntary heading and not by section 2 of Ordi- probably do not think for a moment of dispositions. I beg to move the first pance No. S of 1021 the obligation to stamp. If litigation reading. casues, the party to an unstamped agree- The ConAL SECRETARY seconded, tha ment may find either that he cannot motion was carried and the Bill was rend enforce his claim against the defendant or cannot defend himself against the plaintiff's claim, simply because his agree. ment was not stamped within seven days.
first time.
The Objects and Reasons state- 1.The "amendments proposed to be
22
DANGEROUS GOODS ORDINANCE.
ance
The ATTORNEY-GENERAL moved the second reading of the Bill intituled An Ordin- to amend the Dangerous Goods Ordinance, 1573.
The COLONIAL SECRETARY seconded. On the motion of the ATTORNEY-GESTRAL,
were re-numbered
The other side is, therefore. sometimes made by this bill would probably not have provided with a not very moral defence,justified immediate legislation bit for the the Council went into Committee to con or a net very moral ground of claim, and fast that a revised edition of the Ordinsider the Bill clause by clause. great hardship is used. It was thought, anees is in yourse of preparation and that! The ATTORNEY-GENERAL moved the inser when the principal Ordance was draft-it is desirable that these amendments tion, after clause 4, of a new clause 5, ed, that in time the public would learn should be made in time for inclusion in which appeared on a paper placed on the that they must stamp all agreements the revised edition, e
table. The amendment was approved within seven days, but the conclusion we
2-la general, it is a criminal offence Subsequent clauses have come to is that occasional individual net to stamp any instrument included in accordingly, "f cases of hardship caused by the rejection the schedule in the Stamp Ordinance. On the Council being resumed," the of unstumped agreements will never avail There are four exceptions to this rule, ATTORNEY-GENERAL moved the third read- to teach the public at large" that the agreements of service with a corporation, ang, the COLONIAL SECRETARY seconded, agreements should be stamped within seven days. We think that the possible attested copies, and duplicates. In these the motion was carried and the Bill passed
four cases, the only important class of accordingly. advantage to the revenue would be more which is that of agreements, it is no
Tho ATTORNEY-GENERAL MOved the second
TYPEWRITER SUPPLIES.
RIBBONS at
$1.00.
BREWER & CO.
เ
[1349
TES OKİNA SPECIE BANK, LÉR,
HEAD OFFIUS
ST. GRORDES Bunding, HorexONG.
Chairman of Board of Diveolare'
M. WONG BHIU HAM.
Chiat Manager... Mr. LS. HOL, Asst. Manager....Mr. K. T. Woze. Hongkong Manager M. L. P. AKE, Foreign exchange, and Genersi “Banking- business transacted.
Current, Bavings and Fixed Deposita ba interests si mates of 1 per cent, 4 per cert, and
MULA. HÖLUM
Honking October 2nd 199
INSURE WITH
THE
than counterbalanced by the hardship offerce not to stamp, bus an uastamped THE EVIDENCE ORDINANCE, caused to individuals and by the undesir document may not be received in evi- ability of shutting out evidence which dence. Section, 16 of the principal Ordi would otherwise be admissible. The clase nacce, which at present contains the only reading of the Bill intituled" An: Ordina per centi, per annum, respectivaly. therefore proposes to provide that an
the administration of oatha, ・・・ # agreement may be stamped at any time Power, to stamp an instrument out of anco the law relating to evidence and to time, is so strictly worded that excep
The COLONIAL SECRETARY Beconded. on payment, of course, of certain peal-tional circumstances are generally neces
On the motion of the ATTORNEY-GENERAL, ties if it is not stamped within seven days, Bary before stamping can be allowed. It
the Council went into Committee to equ The penalties are set out in the proposed is thought that this would be likely to new sub-clause 5: if it is after seven days cause considerable hardship in the case sider the Bill clause by clause. The Bill but within one month out of time, $of agreements..... Agreements are very passed through the Committes stage with if it is within three months, $25; within frequently entered into by persons who, out amendment, and, on the Council re Aix months, $50; over six months of time, have no legal training or advice, and who suming
The ATTORNEY UZAL: moved and the probably never think of the question of Clause is intended to make it clear stamping, at all. If a dispute arises and COLONIAL SECRETARY, Monded the third that certificates which must be taken out Litigation ensues the party relying on the rending: the motion was carried and the each year by barristers, solicitors, medical agreement may find himself wholly unable Bill passed accordingly. practioners, architects and so on, Dist to enforce his rights, solely because the
THE PERJURY ORDINANCE. be taken out by each professional anan agreement was not stamped within seven whether he is in präction on his own days of execution. The other party to The ATTORNEY-GENERAL moved the second the contract is thus sometimes provided reading of the Bill intituled An Ordin- Clause I am omitting for the mo- with a not very praiseworthy defence to ace to consolidate and simplify the law, ment clauses 4 and 5-adopts a heading a claim otherwise, perfectly good. The relating to perjury and kindred offences. taken from the English Stamp Acts. It reason for this strictness in the principal
$100.
account or not. "
The COLONIAL SECRETARY Seconded.
On the motion of the ATTORNEY-GENERAL is not of very great importance, but it Ordinance in the case of agreements was provides that any conveyance of that it was hoped that the public gone the Council went into Committer to con transfer not specifically referred to in the rally would be induced to stamp lider the Bill clause by, clause. The Bill schedule of the principal Ordinance is to agreements, but it is now thought that
OCEAN
ACCIDENT & GUARANTEE COFPORATION LIMITED
ACCIDENT & ILLNESS → STOR CARS, MOTOR CYCLES FIDELITY GUARANTEES SACCACE, BURGLART EMPLOYEES INSURANCE
ETC
6A, PRING EDAD, pay a stamp duty of 850. It is a general sporadic cases of individual hardship Psed through the Committee stage Provision to "rope in" any conveyances would probably never teach the com without amendment, and, on the Council SHANGHAI OFFICE- which are not specifically provided for munity at large, so that the only justi, reemming, elsewhere, because the ordinary convey.fication for inflicting hardship in In The ATTORNEY GENERAL moved and the AGENTS for Hongkong ance pays no ad valorem duty. Heading dividual cases disappears. The effect of COLONIAL SECRETARY MOODded the thirg 15(n), which clause e proposes to add, clause 2 is that all voluntary instra reading; the motion was carried and the would have the effect of subiccting to menta, e, instrumente where the non- Bill passed accordingly, that duty of 80 transfers of property payment of duty is no offence, may be
(Continued on" page 2)
and South Chin DODWELL & CO. LTD.