300
Department, and (C. D.), of
(12)
SCHEDULE B.
in the
KNOW ALL MEN by these PRESENTS that we, (A. B.), of Victoria, in the Colony of Hongkong, duly appointed
and (E. F.), of are and each and every of us is held and firmly bound to Her Majesty the QUEEN, in the penal sum of Dollars, Hongkong Currency, to be paid to Her said Majesty, Her Heirs and Successors, for which payment well and truly to be made, we bind ourselves and each of us, and the Heirs, Executors and Administrators of us jointly and severally by these Presents.
Sealed with our Seals and Dated this One thousand Eight hundred and
day of
NOW THE CONDITION of the above written Bond or Obligation is such that if the said (A. B.), shall at all times hereafter whilst he shall continue and be in the service of Her said Majesty as such
or in any other similar relation, well and truly account for, pay and deliver to Her said Majesty or to such person or persons as shall be duly authorised to receive the same or to whom the same shall belong, all such sum or sums of money, securities for:
money, coin, treasure, receipts, books, documents, goods, wares, merchandises and effects whatsoever which shall or may be placed in the custody or safe-keeping of him the said (A. B.), or which may come into the possession or under the control of any person deputed or employed by the said (A. B.), for or on account or to the use of Her said Majesty, Her Heirs or Successors, AND THAT without any unlawful cancellations, defacements or mutilations, AND ALSO that if the said (A. B.), at all times during his continuance in the service of Her said Majesty shall faithfully, diligently and honestly perform or carry out the duties which may from time to time devolve upon him and in all things demean himself as a true and faithful servant ought to do, THEN the above written Bond or Obligation to be void, or else to remain in full force and virtue.
Signed, Sealed and Delivered
by all three parties in the
presence of
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MINUTES BY THE ATTORNEY GENERAL ON C.S.O. No. 119.
These regulations will not have the authority of law and so far as they may affect officers now holding appointments, the power of the Governor to enforce them would depend upon the question whether any notice of security being required was given to the officers when they accepted their appointments.
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After striking out such of the regulations as were passed on the view that the duties of taking security from officers on appointment could properly be delegated to Heads of Departments, there remains hardly anything but a direction from the Governor to the Colonial Secretary, and another from the Governor to the Auditor General.
A
As regards the Schedule, I think the form of Bond is unobjectionable, but the Government might find itself hampered if it publised anything in the nature of a permanent regulation as to amounts.
As regards both Regulation and Schedule I am writing without reference to a Colonial Office Circular of 6th February, 1872, which is referred to in the Colonial Office regulations, §2, but of which
have no copy.
(Signed) E. L. O'MALLEY.
17th January, 1881.
I do not know of any authority under which the Government of this Colony can require the postmaster and clerk of the Shanghai Post Office to give security, and it does not seem to me that provision with regard to them comes properly within the scope of these regulations, which (to judge by the wording of the Bond) were intended to apply to officers in the Colony only.
As regards the responsibility for seeing that the death or insolvency of collateral securities is duly noted, the question seems to me to be one regarding which the Governor may make such arrangements as he thinks fit. It is a matter of administrative detail for which no formal regulation seems necessary.
I have struck out regulation 10 accordingly.
A. B.
LS
C. D.
LS
18th January, 1881.
E. F.
LS
(Signed)
E. L. O'MALLEY.
EXTRACT FROM MINUTES OF EXECUTIVE COUNCIL OF 31ST MARCH, 1881.
AMENDED DRAFT REGULATIONS RESPECTING SECURITIES.
PRESENT.
His Excellency the Governor, Sir JOHN POPE HENNESSY, K.C.M.G. His Excellency the Major-General Commanding, Major-General DONOVAN, The Honourable the Acting Colonial Secretary, Dr. FREDERICK STEWART. The Honourable the Attorney General, E. L. O'MALLEY.
ABSENT.
The Honourable J. M. PRICE (on leave).
^
Like
Consideration is given to the papers respecting security to be given by certain officers; and it is resolved that the Honourable the Acting Colonial Secretary be empowered to obtain the requisite security,
1. The security which shall be furnished in future by Officers in the Public Service shall be of
the amount and nature specified in the Schedule A hereto attached.
2. It will be the duty of the Colonial Secretary to see that Heads of Departments who are required
to furnish security, have duly complied with that requirement; and to report to the Governor as soon
as such security has been furnished in proper form.
3. Security Bonds shall be in the form B hereunto annexed,
4. Security Bonds when duly executed, or deposit receipts for Title Deeds, Bonds, Shares, &c., which have been accepted as security, shall be forwarded to the Auditor General to be kept in his custody and placed in the Vault.
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