1921-09-02 — Page 10

10

LEGISLATIVE COUNCIL.

Continued from Page 9.)

man should have a water closet in his house and a dog kennel in his backyard. If the applicant were dissatisfied with the Anding of the committee he could then refer the matter to the Executive a committee Conncil, 1 fel sure that such a veria be of great service and I believe the building authorities will welcome it. committee were appointed, in 【te"ch order to render the good service I anti- it would be necessary that the ephringing matters before the Laachtery peters should be better afted than it is at present because, with regard to references of matters to the Exegative Coil, this body recently had referred to it the question of a covering to a matar in a private lane which is als a pamp

That has to cure before the far as I know. Executive Conseil, and, so far as

Ito nut I do not its not reached there yet. Pin the Public Works Committee could deal with these matters because in

were happens to be a member of the Capnett on it with technical knowledge. and exaversant with the Building Crdin- auce the apoion of the Director of Public Works would carry too much weight.

The Hon. DIRECTOR OF Pete Works: I should ke to make a few remarks upon the cereal criticisms that have been pass

lupin the Public Works Department. As to the water pump mentioned by Mr. Hierba hot ben a minute's delay berans the pump was erected before the

cat to the Couril-

Inatler Mer

Later). With regard in the tang of the I may say that the Colony has langs een going überd quicker than the staff had been able to keep up with i4. Thalf to day is doable what it was four er five years ago, and, even so, There is no it is not up to the work. town that is gone ahral like this, or ene that presents greater dißenities te con towl with. Also I may say, that even if wh a larger staff we have no acco27- nation for them; the offer is congested everywhere: if you give us permission for its are men we could not had roos for them.

With regard to decentralpation there is to a mere anxious to decen tra than myself. As far as I can. 1 matters to the heads of departments content myself with minuting them and forwarding them. hut to gather ap important matters in my own hands is als lately essential.

10

With retard plans for building before 1 took charge. 1 ha sibhshed systems that directly theginer had finished a road 1 cot his indicate possible sites ou the reads. at for the last two or three years we ha had plans to refer to the Govern met sarly as possible for them to nate plats and for the others to be put The worst of it is up to the public. reg in liengkong always want "spurs" and all kinds of places where no water pips had been laid. It is not like towns at bone where sits am regular. We are al ndy dealing with many modifications the hope will tend to bring lots for ta on the market quicker but, at the present moment. I do not suppose there bas ever been a time when there have been process of so many building sites in his dealt with. The number, in the last the months, is double that in any other pire'ns three months in the history of the Colony, and sometimes one lot repre wrts twenty-five hours. With regard to bading plans being submitted, we are undoubtedly under-staffed and the officer inharge is over-worked. I may say, his ank is not rendered less by any little sns that appar en plass sen; in. know architects have a right to do the us ther can for their elivats, be the stud to leek to the interests of the Community to see that ibere evasions la not take place. We have also, very often. to that the land proposed to be built on is actually the man's own; sometimes bes proposing to build on some gle Then again, something is sat in which is totally unallowable and the plans are cert back and the architect sends in the pinos wain and says. Perhaps they won't notie it this time" We do notice. it. AL und back they go again. and so on.

he present time there are more na build- ng and new roads being constructed than ever in the history of the Colony and never has the work gone through it qafeer time.

H.E. THE GOVERNOR: do not wish to wy anything to prejudice the discussion of the committee but I cannot resist say ing that I have been myself a member. president or secretary of any committees indi bave never yet found a committer five or six persons which did work in time than one man did it. If six ople are going to examine plans it ayuld take at least eix times as long as he Director of the Public Works takes. However, I have much pleasure in

pointing a committee and suggest the. Members be the Director of Public Works. emover of the resolution and Mr. Nad.

THE SUPPLEMENTARY TOTE

The COLONIAL SECHETARY: I beg to move the first cading of the Bill to authorise the appropriation of a supplementary vote of $1.457.781.74 to defray charges for I regret that this he year, 1920.

Bili brs come forward rather later in the year than usual. The amount to be provided under this BiH is considerably iras than it has been during the last few years. I think I need only refer to the three items which make up the bulk of the sum required, The first is Miscel laneous Servi.cz 5742 979. This may prat tically be stated to be the balance between the million dollars which the Cology voted to the University of Hongkong and wat realised sum of over $300,000,

by the sale of rice. That sale of rice reduced the loss under all transactione in rice from August, 1913, up to the end of the Rice Ordinane, to the sum of rather over 22,700 000. Under Police and Prison Department there is a large supplement. ary vote of 8378,000, due not only to the 6nsiderable increase of salaries, but the high cost of equipment. Under Charit able Services, the sum of $100.000 was voted by this Council towards the relief of the famine in Chin I move the frat

Tading

The Hon. COLONIAL TREASURIE Second- rd, and the motion was carried. The Bill

read a first time.

*

GENERAL LOAN AND INSCRIBED STOCK ORDINANCE.

The ATioNEK-GJENERAL' EDOved the first ending of a Bill intita an Ordinspre

dend the Gelieral Loan and Inscrib...... 256ck Ordinance. 1913,

ཕ

t

The Objects and Reapons state

Bill introduced an instructione to the Secretary of State for the aloties in order to bring out existing egalation into line with present

He said: That Ordinance deals with the questions of loans raised in England and does not apply, of course, to joan raised locally. With regard to loans raised in England, it supplies a skeleton form and lays down terms and conditions of such loans to be raised for the Colony in England. Two kinds of loans are

of authorised; one raised by the issue debentures, and the other fanns mised The by the issue of inscribed stock.

few small Bill

ruake a to proposes changes in the principal Ordinance which lapse of time hes rendered nece

necessary. Clauses 2, 3, and refer to the debenture form of loan, and elanses 3 and & to the inscribed stock form of loan. Carse

Ordi the principal section 3 of

That section provides tant the maximum interest to be charged on debenture loan was per annum afortunately, times have and that rate is too low. It is delete the therefore, to maximum unrestricted. Clause 3 corrects

nauce.

3

זי

cept.

sight mistake. the principal Ordin

ance.

The rection which it amends- sertion 13-provides that funds for the payment of interest should be set aside to meet the interest on all entstanding lebentures. Some debentures, though

tstanding, have ceased .to carry in- terest and when the time has come for redemption, the redemption has not been

laimed

This will provide that funds

to pay interest need only be provided in of debentares which are ditt- ndia and on which ability to interest has not ceased. Clause deals with the sinking find to be provided far the redemption of the debenture

Loaf

The section of the principal Ordinance amended by clause 4, inici down that the amount to be set aside vach half year for the sinking fund shall be not less than one half per cent. on the total namiral value of the debenture issued. The clause in this Bill proposes to remove that restriction and it that in future the amount to be set aside for the sicking

be 12 saril anotint as may be specified in the pros pectus of the loan of the terms of issue. Clause 5 dral with the maximum in- scret of inscribed stock. Under the

prin cipal Ordinance the maximum is per

This cla

clanse cent.

to abolish Proposes to isport a maximum and, in fact, to

* Provide be no statutory maximum at that there be

Clacse deals with the sinking fand and provides for the redemption of inscribed stock and is similar, in fact, to the provisions of clause 4 which deals with the sinking of the debenture loan.

The COLONIAL SECRETARY seconded, and the Bill was read a first time.

PRATA EAST RECLAMATION ORDINANCE

The ATTORNEY-GENERAL moved the first rending of a Bill fatitaled an Ordinance to provide for the reclamation of the foreshore and sea bed of Praya East, Victoria, in the Colony of Hongkong.

The Objects and Reasons state- 1-The object of this bill is to legalise and to provide for the Traya East Re- clamation Scheme.

to go juto

1 seems necessary details because the bill represents the result of negotiations between the Gov- ernment and the marine lot holders, and has been approved by the latter.

-Power is taken in the bill to carry put all works which may be necessary

for the

the purpose of constructing and com- pleting the reclamation,

altering streets, moving pipes and cables, running construction tramways, etc.

He said: This i contains con- siderable amount of technical matter, but as it is the result of negotiations between the frontages and the Govern ment and as it has been approved by the frontagers, 1 do me think it is arces- sary for me to go into it in detail, at all. Power is taken to carry

carry cut ali works that may be revessary to make thus reclamation, altering strests, moving cables, and general construction works." The COLONIAL SECRETARY & conded, and the Bill was read a first time-

BILLS OF EXCHANGE ORDINANCE

The ATTORNEY-GENERAL moved the first reading of an Ordinance to amend for ther the Bills of Exchange Ordinance. 15%2

The Objects and Reasons" state:- Parag aph (4) of section 72 of the Bills of Exchange Ordinance, 1863, provides bill is drawn out of bat

*

that where payable in this Colony, and the sum pay- able is not expressed in the currency of this Colony, the amount shall, in the absence of some

some express stipulation, be calculated according to the rate of ex- of charge for sight drafts at the place payment on the day that the bill is pas able. This paragraph was a copy of paragraph (1) of section 3 of the Bills of Exchange Act, 1959, 15 and 40 Vict.

c. 61. It is not in accordance with the banking practice in this Colony. Accord ing to that practice the amount in Hongkong currency is calculated accord- ing to the rate of exchange on the actual date of payment. This reasonable,

as exchang might vary considerably be tween the day when the bill was payable and the day when it was actually paid. The bill is intended to amend the Ordi- nance

10Z,

so as to agree with the local bank- practice He said: The Eills of Exchange Ordin- ance provides that where a Bill is drawn Gut of the Colony and is payable in the Colony and the amount payable is not expressed is the currency of Hongkong. that amount-when the Bill comes to be paid-must be calculated according to the rate of exebnoge of sight drafts on That is the day the Bill is payable. not in accordance with the banking prac.

and other tics 110K BTE Mo take the the parts of Far East.

praction is to on the day on which the Bill is

That

an obvious and prid. reasonable course, because the rate may between the day when the Bill

BENTS

Hills on

is payable and the actual day when it is paid. It may seem strange that, this amendment is not made in England. understand the reason is

that London are nearly all drawn in

sterling and, therefore, the question does not arise sa acutely there as here. Others" in france, and these contain 'an ex- -are press clanss providing that the rate is be the rate on the day of payment. merely brings the Ordinance into accordance with the local banking. The COLONIAL SECRETARY scended; and

to

the Bill was read a first time.

INDEMNITY ORDINANCE.

The ATTake GTXERAL moved the first reading of a Bill intituled an Ordinance

;

THE CHINA MAIL.

to restrict the taking of legal proceed- ings in respect of certain acts and matters done during the war and to provide in certain cases remedies in substitation.

1

He said: This, sir, is an indemnity Bill' such as is always introduced after any war of any importance. I say that bes cause it has been suggested that this is nut really an indemnity Bill, at all, and really that the indemnity elnux sre intended to cover another object. That, I shall deal with in a few minutes. I do When the war not agree with that view. was going on, and we were fighting for our national existence, many things had to be dane for which, perhaps, no strict legal justiɓeation could be found, but the occasion was urgent and conditions were new. Both in police, and censorship, and matters connected with the liquidation of German arms, things had to be done, on the spur of the moment, heesuse there was not time to get dedaise legislative authority

time to explore azd thoroughly the law on the subject. think it would not be fair that particular ofcers of the Government should now stand to be shot at by people who hare had all this time to take over the law and pick holes in what was done in emergency. Though this is an indemnity Bill, it would be foolish to deny that one object of it is to bar certain shipping laims in respect of ships requisitioned The intention of here during the war. the Bill is that compensation for the use of thos ships shall be restricted to the rates which were given by the Board of Arbitrators in England, and in the case of ships requisitioned there of course any additional amount which may have beca ised here by the local government on kerant of the special conditions of the local shipping. Any shipowner whose quisitlored, or controlled, and ship w who is satisfied with the amount will have to go before the Board. which will consist of car judge, one member appoint el by you, sir, and one appointed by the laimant, and that Reard will be limited in their grant of compensation by the sam principles that guided the corres

In other panding board in England. words. they will only be allowed to give Due Book rates with certain additions which it is not necessary to specify here. The first observation I should like to make is that this is, at least, no surprise to shipowners because the policy was an nounced at the very start, and shipowners must have known it was the fixed policy of the Government. I do not overlook the fet that the shipowners patriotically re- raised from making any claim during the war. I do not altogether blame them for sking to rafores whatever legal rights they have now, but, at least, they cannot say they were misie, because the policy was announced at the time and they must have known that the Government intended to carry it out by all means in their power. I would also point out that shipowners as a body have not done at all badly in the war. Freights were high and these ships requisitioned here were not requisitions at all until very long after the war had started-one at the end of 1917 and the rest at the beginning of 4918. They had all that time before ther were controlled by the Government at all. The position is this, that all over the world, certainly in the United Kingdom. the great majority of shipowners accepted the terms which the Gaveragrat offered; in other words-they accepted the Blue Book rates. A certain minority in Eag land reserved their rights; thai minority have now been compelled to accept the rates which the great raajority of the industry accepted voluntarily. Is it fair thea. sir, that these few ships out here should evade their share of the common burden which. British shipowners throughout the world have either accept- ed voluntarily or been required by law to recept! It is a difficult matter to sprak of questions of sacrifice, especially when one speaks from a sale position, but I think it is not unfair to remind the shipowners concerned that many man had

their businesses ruined. their health shattered or their lives forfeited in the war, and I do not think the acting Government of the Colony are nafairly in asking these shipowners to Eboulder their share of the common bur- den. The opponents of this Bill may thing that it is an unfair one, but I would remind them that if it is not passed another act of unfairness will be perpetrated. I would like to quote from a speech of Sir Gordon Hewart in the House of, Commons in the debate on the Indemnity Bill passed into law last year. The Act on which this Bill is founded.

The hon. member after reading the extract went on to say:-

I would also like to remind the ship- Owners concerned that the Government in carrying out this shipping scheme accepted the war risk on these ships. That risk, as it happened, was not serious, but the possibility of a raider finding its way into these waters was not an in- possible que There was also the danger of explosions amongst cargo, explosions engineered by enemy agents in the East The Government took the risk of any damage due to any operations of war. lf azader had appeared in these waters and had surk even half these ships the resulting loss would, at a time of very high salte of shipping, would have been must crippling. It was a risk contem plated with considerable anxiety at the lime by the Government, and if the loss had occurred it would have been a most seveic one for the Colony from which it would not have recovered for a long time. Are we, then, to get nothing in return for that risk which the Colony as a whole took? I admit that does not cover the whole ground, but it does cover at least part of the ground. It may not be gen. erally known that we did at one time offer the Imperial Government the whole of the collections from this requisition scheme if they would also accept the risk, and the Imperial Government refused to do en We, therefore, had carry it through on our own. I do not propose to go into the details of the Bill. It is based on the English Act and the details are explained, I think, sufficiently, in the Objects and Reasons The special words inserted in cluu.es 3 and 4 to cover the case of claims in respect of requisi, tioning of chips have been inserted by way of extra caution. I say that because I think the English Act did cover them, and it was intended to cover theo The- debute in the House of Commons shows that; it. Sasted six hours and turned mainly on the shipping question involved. It was pointed out that if the Bill was not parsed additional burden of £228,000,000 would be thrust on the, text, payers of the country. I mention that to show that it was intended to apply.to. "shipping claims. By way of extra sang tion words have been inserted in this. Bill to make that perfectly clear. We made - from this Colony, during the war, cerlain

bontributions to the Imperial, Government for the carrying on of the war. We unt, homo bat of ordinary revenuű over five. Jaitley, and out bi anemial rates imposed".

also raised a loan of the pad sent that to das Imporial Government.

The cash payments have gone; the loan remains, and what it is proposed to do with the money collected by the Govern- ment under the requisitioning is to place it in a fund for the redemption of that War loan.

The COLONIAL SECRETARY seconded, and the Bill was read a first time.

Wa

The Objects and Reasons state:- 1.The Bill is based on the Indemnity" Act, 1920, 10 and 11 Gen. 3, chapter 48.

s.-The definition of the term risk in clause 3 is taken from clause 19 of Admiralty Charter Party I. 99. as being the risk assumed at the time of requisitioning when certain ships were fra placed under control in 1017 and 1018. The other definitions in clause * are taken from the Act.

3-Clause 3 of the Bill is practically a copy of clause 1 of the Act, except that words have been inserted in order to make it quite clear that the clause will include claims for the

recovery of money bel

held br the Government of the Colony in consequence of such acts as are referred to in the main part of the clause. These words are inserted by way of extra caution as it seems obvious that the section in the Imperial Act is in- tended to cover such claims and probably does cover them.

4. Speaking generally, clause 3 gives protection

to all persons in the public service,

ice, in respect of any act dope during the war and before the parsing of the Ordinance, if such acts were done in execution of a public duty, and (b) in good faith. Sub-clause (3) provides that a certificate by the Colonial Secre tary that any act was dere in execution of a duty shall be sufficient evidence of that fact, and that any net so dona

Ball

be deemed to have been done in good faith unless the contrary is proved. 5.-The clause in question, clause bars all legal proceedings in ped any such acts, including

legal proc

Zeld by ings for the recovers of

of money

of the Government in consequence any such act. Certain legal proceedings, are excepted from this bar, and amongst the of pro- excepted eases is the institation of ceedings in respect of breach of con- tract, provided that such proceedings are commenced within one year from the ter

or from the date mination of the War of when the cause of action arose, which- Over TRAN be the latter date. This limitation of time is imposed in order that claims may not be held! back undals but may be presented while the evidence on behalf of the Government is more likely to be available. Temporary or ganisations set up for the purposes of a war are dissolved when the war comes to an end, or even before that event, and the longer the time which lapses the more difficult it is to obtain evidence cn matters dealt with by such temporary crganisations.

6.Clause makes an exception to the general bar on legal proceedings imposed by class 3. It gives a deânife legal right to payment in respect of the re quisition and control of shipping

any

on behalf of the Government of the Colony, and a right to compensation for damage directly due to war risk during the period of requisition or control. The payment in respect of requisitioning and control is to be in accordance with the Blue Book rates,

together with additional payment which may have been expressly promised in writing, or credit- ed to the owner, by the Government

ia This addition does not appear the Imperial Act but is peculiar to the Bill Compensation for damage due to war risk ia limited, as

in the Imperial Act, by the provision that, in assessing such damage. no account is to be taken of any increase of market values of tanonge dee to the war.

7.The tribunals for astresing payment or compensation under the Imperial Act are (a) the Admiralty Board of Arbitra- 1n, (b) the Defence of the Realm Losses Commission, and (c) any special tribunal prescribed by the Defence of the Resin

As Regulations for any particular case. none of these arbitrational boards exist in Hongkong, clause 3 provides for tri- bunals which are to consist of one of

the

judges as president, and of two other members, une nominated by the Gover nor and the other by the claimant. The Imperial Act provides for an appeal on- point of law from the arbitration tribanal to the Court of Appeal. Classe 5 provides that the president of the local tribunal may reserve any point of Inw for the decision of the Full Court, and that the decision of the Full Court on such point of law shall be final. The Im perial Act provides for an appeal Ironz the Court of Appeal to the House of Lords, but only by leare of the Court of Appeal

saves all Prize Court 8.-Cisuse proceedings from the operation of the Bill

9.It may be pointed out that sub- clause (1) of clause 3 provides that if any legal proceedings which is barred by the Ordinance shall have been instituted before the commencement of the Ordin- ance it shall be discharged, subject such order as to costs which the Const may think it to make. Sub-clause (4) of the same clause provides that nothing in the clause shall affect a final judgment given before the passing of the Ordia-

ance.

..

DEPORTATION ORDINANCE.

The ATTORNEY-GENERAL moved the first reading of a Bill intituled an Ordinanen to amead the Deportation Ordinance, 1917.

He said: This Bill fails into two por-" tions. Clauze 2, clause 4 and cause & are founded on the recent Aliens registration in the United Kingdom. The important part of clause 3 is founded on a recent Alien Order in Council. I do not know that I need refer in detail to the clau based on the Aliens' legislation of the United Kingdom, hat I would like to refer to section (b) of clause 3. That is the part of the Rill which is based on the Alien amendment Order in Council No. 3 of 1020. It gives the Governor in Coun eil power to deport any person who it is considered has acted or is about to act in a manner prejudicial to the public safety. That power to deport can only be exercised after what we may call the long procedure of the Deportation Ordinance has been gone through. It is to a simmery power; the person it is proposed to deport has to have a definite charge put before him and is given the opportunity of answering that charge.

The COLONIAL SECRETARY seconded, and the Bit war renda a frst time.

The Objects and Bessons" sister

The object of this bill is to amend, the Deportation Ordinance, 1017, by remedying certain apparent defrets therum and by inserting dertain new pro visions in order to conform with recent legislation in the United Kingdom.

FRIDAY, SEPTEMBER

2-Clause of the bill is based on a colubination of the present section 7 (2) of the Ordinance and the provisions of Article 12 (6) (c) of the Akens Order. 1990, which reads as follows:--

A deportation order may be made' in

any of the feilowing cases:- te if the Secretary of State deems it to be conducive to the public good to make a deportation order against the alien." The reference in the existing section to the Peace Preservation Ordinance is out of date, as the Ordinance has not been used for years.

-The object of the first arsendment Brated by clause 3 is to remedy a dif- fculty that might arise from a litera construction of the opening words of section of (14) of the Ordinance. It might be argued that, as the law stands at present, no part of section 4 applies to British subjects, except to these classes specified in sub-section (14). The result

would be that

any proceedings under the sretion

British subject would against a be illegal, though the nationality of

of the person in question might be discovered only in the course of the proceedings.

It

1s, therefore, considered advisable to amend sub-section (14) by providing.

૬-૧ that section (11) unty, which dea's with the actual deportation, shall not appis to British subjects, except the classes particularly specified.

-The second amendment effected by clause 3 of the bill is based on Article 2 of the China (Amendment) Order-in- Conneil, No. 3, 1999, which was publish-

in the Geestte of May 20th, 1925, 1 is sidered necessary

Lite

h

Power

to deport any person whatsoever who, in the opinion of the Governor-in-Council, bas acted or is naboet to act in a manner prejudicial to the public safety, etc.

3-Clause 4 efects an amendment in Form No. 7 of the Schadele to the De- portation Ordinance, 1917, by deleting the reference to the Peaer Preservation

Ordinance, 1836.

6. Clause is new and is based, an Article 1 (3) of the Aliens Order, 1923. It provides that any person deported under the Deportation Unlinanes, 1917. and 1921. hal be deemed for the pur- poses of the deportation order to retain Eis nationality as at the date of the order. unless the Governor otherwise directa.

Say

TOBACCO ORDINANCE.

The ATTORNEY-GENERA, moved the first reading of a Bill Latituled az Ordinance to amend the Tobacco Ordinance 1916.. He said: This Bill deals, alinos! entirely, with matters of detail which might be better considered in committee than in the introduction of the Bill on its first reading. I would only like to that clause which denis with penalties-proposes to give the Magis trate power to impose a fine of ten times the duty, instead of the ordinary fine authorised by the present. Ordinance, in any case

whers the magistrate is of opinion that there has been an intent to avoid payment of duty. Lately, large quantities of tobacco have been brought in without paying daty and the Bor authorised by the present Ordinance $500-has her quite insufficient. I- view of the inducement offered to the smuggler to get a large quantity of tobacen througe. Classe is an attempt to close up maps in the net so as to pro- vide that any tobacco brought by railway shall be brought into Kowloon Statione A prent it may be taken off at an intermediate station and in that way Clause deals with the escape daty. powers

the Governar-in-Council to alter the tobacco duties. Of courẠI". the Legislative

has Conci

fall power in his matter but it IN ub- *ousy Beessary to have the power to amend the tobacco taxes and the liquor taxes at short noticis, to prevent der! ers Artting tobacen out of boud and wo escaping new duties. The present clause not quite full enough to deal al

with For example, the Governor-in- Council cannot reduce duties. It might be found that some were too high and it might we desirable to reduce them. At present that cannot be done, bat

possible. under this clause it will be

CLJES.

a!

stale:--

The COLONIAL SIRETARY conded, and the Bil was read a first time.

The ** Objects and Reasons" 1-The objret of this bill is to amend the Tobacco Ordinance in certain res- pects where experience has shown it to be defective.

2-Claume gives the Governor- Council a wider power of dealing with duties in anticipation of a re tobacco

The of legislative sulution powers now

nos conferred cod with those entrusted to the Legislative Cous dil by section of the Ordinance.

the

3-Clause 3 provides that duty shall be paid on tobacco manufactured in the Colony which is removed into a bonded or licensed warehouse, before removal from such bonded or licensed warehouse.

4--The of clause 4. is to prevent The of tobacco into Colony by rail. As the law stands at present, it is possible for persons bring tobares into the Colony by rai! from Chinese territory, and to evade detection by alighting with the tobacco at any of the stations before the Kow loon terminus. As long as they remain on the train and do not remove the within tobacco frin the train, they are the law and cannot be arrested, and de tection at intermediate stations is dif- ficult. Clause 4 requires all tobacco in- ported by the railway to be consigned through to Kowloon by railway invoice, and any persons found on the train in. possession of tobacco not so consigned will be liable to

to arrest and prosection.

gives certain Bailway 3.-Clause 5 officials the same powers under the Ordi- nance as are given to revenue oficer, the object being to enable arrests and acizures to be made on the train by Bail way officials.

6-Claves effects-two formal amcad. ments in section 41 of the Ordinance. both of which tend towards a clearer tion of the section. "

Ordinance,

mends section 49 of the which is the general penally section, by empowering a magistrate to impose a fine of ten times the duty on the tobacco in question, instead of the fine authorised by section 52, whenever he is of the opinion that there has been as intent to avoid payment of duty, Thero have recently been enses uf

ul song.

gling tobacco which hart obviously re quired penisty nonalis-greater-than that authorised by the principal Ordin

been thought

ght editable anos, and it bas to give the magistrate the option of im posing a fine of ten times the katy aneh-will be greater than the present maximum kne.. The power of the magis trate to indict imprisonment in lieu of “

where

2, 1921.

or in addition to any fine remains un- attered.

STAMP AMENDMENT ORDINANCE.

The Attorney-GENERAL mored the first reazing of Bit! intitated an Ordinance to amend the Stamp Ordinance, 1921.

♫

He said: Much of this Bill is purely formal: for example, clause X, which supplies a drafting omission and corrects drafting mistake in the principal Ordinance. Another part of the Ordin- ance consists of the clauses which pro- pose to collect together and place in the jons which tew Ordinance certain regulations

have

made under the principal Ordinancd. It seems more convenient to have them embodied in the Ordinance and the schedule than to have them

Clans watter about in regulations. a deals with what is called splitting."

A section of the principal Ordinance whies

prohthin splitting the execution be of more instruments that would ardisarily read for the transaction.

in order to evade duty thereby; that is to say, if I receive payment of $16 the and have two receipts for $y to avoid, stamp duty that is not allowed. The prohibition is clear: the duculty is to enfor it. It is very dificult for the Colicctor to prove, afirmatively, that there has be splitting to evade duty. and the effect of this clanse is to throw the ones of proof on the person whe asserts that there has been no splitting. He is the person who knows all the facts, and it is only fair that he

of

be regard to show that the to more up into two documents or done bun Age and not to evade duty. Clause deals with exchange contracts. is makes three main changes in the enl letion of that diety. In the first place. it imposes on the banker, if either party to the contract is a banker, the dets stamp daty is seeing that the But if both parties are bankers, the seller is to put the stamps. If neither party is a banker, the seller again has to put the stamp. The reason for the Brst of these requirements, is that bank-

dutie ers are red in collecting theer they have the necessary stamps and they are less likely to find differlty and less likely to overlook the necessary stamp. Another change is to give the Collector power to rexit the daty on exchange Contract cancellation nates, the Cel the satisfed that, owing to Sector 15 bankruptcy of the seller. the

banker cannot recover duty from the person liable to pay it. The third change is to make it clear that in the case ni gavine eilation of exchange con tract mates, as distinct from a set-off, the duty is payable only on the criginal for the alth magh. evelande rontract,

banker's accounts, the perposes of

jo his books cancelation may appear

This asscon exchange contret enly applies en condition that the trans- nexion is done on the same day. That is to present evasion and to avoid parties to an ex.hange contract pretending a set- is a genuine cancellation. One of the taost important elause in the Bill is paragraph (e) of clause 6. on conveyances. At present, conveyances under $20,000 pay duty at the rate of 50 cents per thousand and those above $1 per thousand. It is fosed that this has led to considerable splitting to avoid the higher reals. It is verhard to preve it but the conclusion in almis irresistible that splitting has cccurred, and the proposal is to abolish the lower scale and apply the #1 through- out. Paragraph (i) of the same section alters the hearing relating to the duty on trausters of shares. At present duty is calculat den the marker value.Market valus is not a suitable term for shares which have no market e.g. shares in pri- vate companies. It is proposed to omit the word miket in heading 14 (a) in the schedule of the Bill. Another provi sion secures that if a compradore order is passed through a bank it must pay the same duty as a cheque.

The COLONIAL SECRETARY seconded, and the Bill was read a first time. TheObjects and Reasons

state:-

1. The object of this bill is to make in 1921, certain the Stamp Ordinance. amendments which experience has shown- to be

necessary.

Or

it

prescot

2-Clause 2 supplies a drafting omis sion, and corrects a drafting ertor, in section of the principa! Ordinance.

3-Cienegends section 10 of the principal Ordinance so as to throw the. onus of proof upon the person who as serts that there has been no splitting in order to evade stamp duty.

4.-Clause 4 drals with exchange con- tracts. The insertion of the words

is proposed because carried out might possibly be argued that the pre section of the principal Ordinance applies only to cases where something in the nature of cancellation takes place.

and (s) of clause 4 are Paragraphs (b) and explained in paragraph 10 below. The proposed new sub-section (") of section

gives the Collector power to

the duty on

by bankers, the Collector is satisfied that, owing to bankruptes er Ay other cause, the bauker cannot recover the duty, or can- not recover all the daty, from the per-

the

notes, ce contracte casocon

who is liable to pay the duty. The proposed new sub-section (6) provides that in the case of a genuine cancell tion, as distinguished from a set off, the exchange contract cancellation note daty shall be payable only in respect of the original

contract, although for the puz- poses of the banker's accounts the con- cellation may take the form of a second

The conditions exchange contract. this concession Kre that the cancellation agreement must be came to, and the ex- change for the cancellation be fixed, and the transaction be completed on the same day.

s-Where an adjudication is applied for the Calicetor has, under section 14 of the principal Ordinance, power to (2) for an abstract of the instrument and for evidence to show whether the necessary facts have been set ont in the instrument.

Back He has o

ja power the case of an instrument. which is merely tendered for stamping. Clause, 5 proposes to give him this power.

G-Claus proposes to make certain amendments in the schedule to the prin cipal Ordinance. These amendments are explained below.

(Continued on Page 11.)

· CHRONIC DIARRHOEA, RE you sabject to attacks of dürrb-

few days, restia bed il-postile. be care ful of yar diet and talks Chaco bosháza a Colic and Diarrhoes Bem de. This medicine has cured exes of phroato diarrtion that`j byn élau... baro Catch on, and it will ou à you. For ade All Clemlate and Storekcepers