255
HONGKONG LEGISLATIVE COUNCIL
89
28TH SEPTEMBER, 1922.
PRESENT !—–
THE COLONIAL SECRETARY, by com- mand of H.E. The Officer Administering the
is ExcELLANGY THE OFFICER ADMINISTER- Government, laid on the table a Report of __THE__GOVERNMENT, Hon. MR. CLAUD JERN, C.M.O.
E. THE GENbral Officer COMMANDING TROOPS, MAJOE-GENERAL SIR JOHN JLER, K.C.M.G., C.B, D.8.0.
N. MR. A. G. M. FLETCHER, CIO.;
(Colonial Secretary).
K.
the Finance Committee (No. 10) and moved that it be adopted.
THE COLONIAL TREASURER seconded, and the motion was agreed to.
Stamp (Amendment) Ordinance
THE ATTORNEY-GENERAL moved the
MR. J. H. KEMP, E., C. first reading of a Bill intituled, An Ordinance
orney-General).
MR. D. W. TRATMAN (Colonial ON surer).
to amend the Stamp Ordinance, 1921. He said: This Bill proposes to make certain amendment in the principal
x. ME E R. HALLIFAX, 0.8.x. Ordinance, which was passed last year. etary for Chinese Affairs).
MR. E A. IRVING (Director ation).
N. MR. T. L PERKINS (Director le Works).
*. Mr. E. V. D. PARR.
3. Mr. A. O. LANG.
. MR. CHOW SHOU-SON
MË. A. R. LOWE.
N. MR. H. W. BIRD
W. MR. NG HON-T8Z.
The most important clause is clause 2,
of which proposes to alter the law with regard to stamping agreements out of time. I mention agreements because, while of there are certain other classes of instru- |ments which are affected by the clause, by far the most important class of document affected is the agreement. At present, under the existing law, an agreement must be stamped within seven days of execution, and if rot so stamped it cannot be produced as evidence. The principal Ordinance contains a certain power of stamping agreements out of time, but the
¡A. DYER BALL (Clerk of Councils). section is worded so strictly that an agree
Minutes
ment can be stamped out of time only under very exceptional circumstances. Agreements are often entered into by persons who have no legal training, who minutes of the last meeting of the have received no legal advice, and who il were approved and signed by the probably do not think for a moment of dent.
Finance
the obligation to stamp. If litigation enauce, the party to an unstamped agree- ment may find either that be canton enforce his claim against the defendant COLONIAL SECRETARY, by com-for cannot defend himself against the of H.E. The Officer Administering the plaintiff's claim, simply because his agree. mment, laid on the table Financialļment was not stamped within seven days. No. 73, and moved that it be The other side is, therefore, sometimes d to the Finsos Committee.
provided with a not very moral defence, For a not very moral ground of claim, and great hardship is caused. It was thought when the principal Ordinance was draft-
COLONIAL TREASURER seconded, tion was agreed to.