WEDNESDAY, JUNE 6, 1979
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LAW AMENDMENT AND REFORM (CONSOLIDATION) (AMENDMENT) BILL
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THE ATTORNEY GENERAL, THE HON. JOHN GRIFFITHS, INTRODUCED THE LAW AMENDMENT AND REFORM (CONSOLIDATION) (AMENDMENT) BILL 1979 IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
THE BILL SEEKS TO ABOLISH AN OLD COMMON LAW RULE THAT A PROMISE CANNOT BE MADE TO SEVERAL PEOPLE BOTH JOINTLY AND SEVERALLY, AND BRING THE LAW IN HONG KONG INTO LINE WITH THAT IN ENGLAND.
THIS RULE HAD BEEN ABOLISHED IN ENGLAND BY A SECTION OF THE CONVEYANCING ACT 1881, AND THE ABOLITION WAS MAINTAINED BY SECTION 81 OF THE LAW OF PROPERTY ACT 1925. BUT THIS PROVISION HAS NEVER BEEN EXTENDED TO HONG KONG.
THE NEED FOR THIS AMENDMENT AROSE FROM A PROPOSAL BY THE EXCHANGE BANK'S ASSOCIATION FOLLOWING THE HONG KONG COURT OF APPEAL RULING IN 1977 THAT A JOINT ACCOUNT IN A BANK CANNOT BE DEBITED BY THE BANK IN RESPECT OF A CLAIM AGAINST ONE OF THE HOLDERS OF THE ACCOUNT ON HIS SEPARATE OBLIGATION TO THAT BANK.
MR. GRIFFITHS SAID THIS PROPOSAL HAD BEEN ACCEPTED AFTER CONSIDERATION BY THE GOVERNMENT MONETARY AFFAIRS BRANCH, THE REGISTRAR GENERAL'S DEPARTMENT AND THE LEGAL DEPARTMENT, AND FOLLOWING CONSULTATION WITH THE BAR ASSOCIATION AND THE LAW SOCIETY.
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TO GIVE EFFECT TO IT. A CLAUSE IN THE BILL ADDS A NEW SECTION TO THE LAW AMENDMENT AND REFORM (CONSOLIDATION) ORDINANCE.
MR. GRIFFITHS SAID THE NEW SECTION FOLLOWS, WITH MINOR MOD IF ICATION, SECTION 81 OF THE LAW OF PROPERTY ACT 1925.
IN THIS CONTEXT IT PROVIDES THAT AN AGREEMENT IN WRITING, MADE WITH TWO OR MORE PEOPLE JOINTLY, TO PAY MONEY OR TO DO ANY OTHER ACT, SHALL BE CONSTRUED AS BEING ALSO MADE WITH EACH OF THOSE PEOPLE.
THE NEW SECTION WILL APPLY ONLY SO FAR AS A CONTRARY INTENTION IS NOT EXPRESSED IN THE AGREEMENT AND WILL HAVE EFFECT SUBJECT TO THE PROVISIONS OF THE AGREEMENT.
DEBATE ON THE BILL WAS ADJOURNED.
BILLS PASSED
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TWO BILLS WERE PASSED INTO LAW IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
THEY WERE THE REGISTRATION OF BIRTHS, DEATHS AND ADOPTION (MISCELLANEOUS AMENDMENTS) BILL 1979 AND THE LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT) BILL 1979.
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