Enclosure No.2.
8
ATTORNEY GENERAL'S CHAMBERS,
Hong Kong,
28th September934.
REPORT ON ORDINANCE No.....30..............of 1934 .
1. I have examined the accompanying Ordinance. intituled an Ordinance to make provision for financing and carrying out
a scheme for a new Government House and for the development
of a portion of the City of Victoria, and am of opinion that it is an Ordinance which is not contrary to the Governor's
instructions.
2. The Government House and City Development Scheme
authorised by this Ordinance is essentially a self-contained
unit which will be proceeded with as circumstances permit.
3. The Scheme involves the sale from time to time of
building sites which it is anticipated will yield more than
sufficient to pay for the entire undertaking, although it
may be necessary at certain stages to obtain advances from
the revenues of the Colony.
•
11. To pay into the general revenue of the Colony the
large sums which have been or will be received from time to
time in connexion with such land sales would result in
apparent fluctuations in the normal revenue of the Colony
which it is desirable to avoid.
5.
As, however, the proposal that revenue receipts from
such land sales should pass into a special Fund, instead of
to revenue, and that the expenditure on the Scheme should
be met from the Fund and authorised by Resolutions of the
Legislative Council, involves a departure from the ordinary
rules of Colonial Accounting, the Secretary of State, in
approving the proposal, has required that the Scheme should
be conducted under a special Ordinance which would legalise
the diversion of the revenue from land sales from general
revenue to the Fund and would also empower the appropriation
of the expenditure on the Scheme by Resolutions of the
Legislative Council.
6.
Accordingly, sections 2 and 3 of this Ordinance
authorise the works necessary to carry out the scheme and
empower the Governor to decide from what sources the re-
quired materials are to be obtained and give him control
over the appointment and employment of all persons engaged
in carrying out the scheme, while section 4 gives effect to
the directions of the Secretary of State as regards the
financing of the scheme.
7. In my opinion this is an Ordinance to which His
Excellency the Governor may properly assent in the name of
His Majesty and on His behalf.
Do. Losell
٩
END
Attorney General.
I
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