PUBLIC RECORD OFFICE
Reference :-
C.O. 882
8 PUBLIC RECORD OFFICE, LONDON
|ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
Preamble.
Short title.
Definitions
Notice to
take over.
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No. 124.
GOVERNOR SIR J. ANDERSON to MR. LYTTELTON.
(No. 194.) SIR,
(Received June 5, 1905.)
[Ordinance sunctioned, June 9, 1905. No. 153. L.F.]
Government House, Singapore, May 9, 1905. WITH reference to my despatch, No. 139, of the 6th April last, I have the honour to forward herewith copies of Ordinance No. VII. of 1905, entitled "An Ordinance to provide for the acquisition by the Government of the Straits Settle- ments of the undertaking known as the Tanjong Pagar Dock Company, Limited, and for the management of the same.”
2. I also enclose a copy of the Attorney-General's report on the Ordinance, together with the reports of the proceedings of the Legislative Council during the passage of the Bill through the Council.
I have, &c.,
Enclosure 1 in No. 124.
ORDINANCE No. VII OF 1905.
JOHN ANDERSON.
AN ORDINANCE to provide for the acquisition by the Government of the Straits Settlements of the undertaking known as the Tanjong Pagar Dock Company Limited and for the management of the same.
(L.S.)
JOHN ANDERSON,
Governor and Commander-in-Chief.
[7th April, 1905.]
Whereas it is expedient that the undertaking of the Tanjong Pagar Dock Company Limited should be vested in the Government of this Colony and that provision should be made for the management of the same:
It is hereby enacted by the Governor of the Straits Settlements with the advice and consent of the Legislative Council thereof as follows:-
1. This Ordinance may be cited as 'The Tanjong Pagar Dock Ordinance 1905."
2. In this Ordinance the following expressions shall have the meanings respectively assigned to them where not inconsistent with the context:—
"The Company" means the Tanjong Pagar Dock Company Limited. "The Board" means the Board constituted by the provisions of this Ordinance. "The Court" means the Court of Arbitration constituted by the provisions
of this Ordinance.
The expression "undertaking" includes all such property moveable and ímmoveable including cash balances reserve funds investments and all other interests and rights in to and out of the property moveable and immoveable and obligations and things in action as may be in the possession of the Company or belonging to it immediately before the date referred to in the next section and all books accounts and docu- ments relating thereto and all other rights powers authorities and privileges of the Company; but subject to all debts liabilities and obligations of the Company by this Ordinance transferred to the Board or the Government.
3. It shall be lawful for the Governor by writing under his hand addressed to the Managing Director of the Company to give notice that it is his intention to
• No. 82.
† Not printed.
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take over the undertaking of the Company on a date to be stated in the said writing and from and after such date hereinafter called the appointed date the undertaking of the Company in the Colony shall be vested in the Government.
4. There shall be transferred from the Company to the Government all debts Transfer of liabilities and obligations of the Company existing at the appointed date.
liabilities.
to servants
Provided that if within three months after the appointed date the Government Payment shall notify in writing to the Company the names of any servants or officers includ- of com- ing Directors and members of the London Consulting Committee and the Agents pensation of the Company in Penang theretofore in the employment of the Company whose and officers services the Government does not require the Company may pay to any such whose ser- servant or officer such compensation as would if this Ordinance had not been passed vices are have been payable by the Company to such servant or officer if his employment had not been terminated or his office abolished by the Company and unless the Government and the Company shall agree as to the payment of any such compensation the Court hereinafter constituted shall decide whether the whole or any part of such compensa- tion shall be payab by the Government to the Company
5.
required.
under-
Until the appointed date the undertaking and business of the Company Mainten- shall be maintained and carried on by the Company as heretofore in the ordinary ance of course of business; but if the Government think that any appointment to any office taking. or service of the Company or any contract with respect to any matter connected with the undertaking or any alteration in the rate of salary or wages payable to any officer or servant of the Company made by the Company subsequently to the 10th day of December 1904 was not reasonably necessary in the ordinary course of business of the Company the Government may give notice in writing to the Company to that effect within three months after the appointed date.
Provided always that if the Government give any such notice it shall be referred to the Court to determine whether or not the appointment contract or alteration was reasonably necessary in the ordinary course of business of the Company and the Court shall determine whether and to what extent as between the Government and the Company any liability arising in respect thereto is to be transferred to the Government or is to continue a liability of the Company.
6. The accounts and balance sheets of the Company up to the appointed date Making up shall be made up and audited in like manner and with the like incidents and conse- of Com- quences as nearly as may be as if this Ordinance had not been passed but as soon pany's as possible after the appointed date and the balance shown on the certified accounts accounts representing profits available for immediate distribution as dividend and legally balance distributable as such shall be paid over to the Company. In determining the sheets. compensation for the transfer of the undertaking of the Company the sum payable
to the Company under this section shall not be valued as forming part of the under- taking.
and
7. For the purpose of enabling the Company to prepare and conduct the case Provisions for arbitration under this Ordinance and to enter into agreements with the Govern- for ment and to discharge the liabilities and generally to carry on the business of the enabling Company and to wind up and dissolve
Company
to carry on
(a). The Company may after the appointed date temporarily retain and use business such offices books accounts and documents and the services of such after the officers and servants as may be agreed upon between the Government date.
appointed and the Company; and
(b.) Any officer and any person authorized in that behalf by the Company shall have free access to all the lands works stores and premises trans- ferred for the purpose of inspecting the works and property and to all books of account and documents of the Company in the possession of the Government for the purpose of inspecting copying and making extracts from the same and shall have all proper facilities for the purposes aforesaid; and
(c.) There shall be advanced by the Government to the Company from time to time for the purposes of this section such sums as may be agreed upon between the Government and the Company.
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