CO882-(6-8) — Page 529

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.

Defini- tions.

Notice to take over.

142

5. Some amendments have also been made in section 11 and also in section 12, but they call for no special comment.

6. The amendment in section 31 has already been submitted to you by tele- graph, and section 13 has been inserted in accordance with the instructions in your telegram of the 9th ultimo.†

*

7. Copies of the proceedings of the Council in Committee will be forwarded to you as soon as available.

8. I may add, that during the discussions in Committee, only four unofficial members-two of whom are Directors of the Company-were available, owing to the absence of Mr. Napier and to the fact that Mr. Fort, whom I have nominated to take his place, was employed as counsel for the Company, and could not therefore take his seat.

9. Both the other unofficial members I believe hold shares in the Company, but one or other supported the Government in every instance, and, if the Penang members had been able to attend, the Government would probably have had gene- rally the same unofficial majority in Committee as it had on the second reading.

10. Fortunately, Mr. Napier was able to be present at the first sitting in Com- mittee, and as the greater part of the sitting was occupied by the speech of counsel, I deferred the earlier part of the Bill and took the important clause 14, which deals with the fixing of the amount of compensation, and Mr. Napier both spoke and voted against the amendment proposed by the Company, providing that they should receive the usual 15 per cent. allowance for compulsory purchase in respect of their

I have, &c.,

lands.

Enclosure in No. 82.

JOHN ANDERSON.

A BILL (as amended in Committee) intituled an Ordinance to provide for the acquisi- tion 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.

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 respec- tively 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 movable and immov- able including cash balances reserve funds investments and all other interests and rights in to and out of the property movable and immovable 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 documents 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 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.

⚫ No. 57.

↑ No. 58.

1.13

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.

Provided that if within three months after the appointed date the Government shall notify in writing to the Company the names of any servants or officers including Directors and members of the London Consulting Committee and the Agents of the Company in Penang theretofore in the employment of the Company whose services the Government does not require the Company may pay to any such servant or officer such compensation as would if this Ordinance had not been passed have been payable by the Company to such servant or officer if his employment had been ter- minated 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 compen- sation shall be payable by the Government to the Company.

liabilities.

under-

taking.

5. Until the appointed date the undertaking and business of the Company Mainten- shall be maintained and carried on by the Company as herebefore in the ordinary ance of course of business; but if the Government think that any appointment to any office or service of the Company or any contract with respect to any matter connected with the undertaking or any alter on 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.

accounts

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 con- of Con- sequences 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 and representing profits available for immediate distribution as dividend and legally balance distributable as such shall be paid over to the Company. In determining the com sheets. pensation 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.

Company

to curry on

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--

(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

appointed officers and servants as may be agreed upon between the Government date. 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.

under-

8. Any person authorized in that behalf by the Government shall have free Inspection access to all the lands works stores and premises of the Company for the purpose of Com of inspecting the same and to all books accounts and documents in the possession pany's of the Company (other than the documents prepared for the purpose of an agree- taking by ment or arbitration under this Ordinance) for the purpose of inspecting copying officers of and making extracts from the same and shall have all proper facilities for the Govern- purposes aforesaid.

ment.