CO129-307 - Governor Sir Blake - 1901 [10-12] — Page 490

(iii) What portions of the Bill differ from the corres- ponding section of the repealed Ordinance, in which cases the word "amended" (see chuses 6 and 25) appears in the margin after the section and manber of the repealed Ordinance.

(iv) What portions of the Bill are new. (See clauses 18

and 22.)

Classes (1) and (ii) of the above classes of clauses secur to require no comment.

As regards class (iii), clause 6 of this Bill differs frour section 5 of Ordinance 16 of 1886 in the following respects,

amely

(1) The power to revoke, add to, or alter miles is omit- ted as being now implied by virtue of the pre- visions of section 35 of the Interpretation Ordi- nance (No. 24 ) of 1897.

(ii) The clause is split up into paragraphs (z), (5), (e),

etc. for the purpose of greater clearness al con venienec.

(ii) In paragraphs (a) and (b) the word "First" is inserted before the word "Schelale," that being

a necessary consequential amendment.

In paragraph (c)→→

(1) The words "under this Ordinance" have been

inserted for the sake of greater precision and

(2) The words "and also the manner of cancelling the same" have been added so as to make provis sion for what shall be deemed cancellation. (See clauses 23 and 27.)

Paragraph (e) is entirely new and has been introduced to cover the over-embossing process which has been sunctioned by the Secretary of State.

lo paragraph (g) the words "carrying out of the provi sious of" have been substituted for the word "execution" in the repealed enactment.

In clause 25 of this Bill the words" within the meaning of this section" are substituted for the words "within the meaning of this notice.”

I now proceed to consider the new provisions of the Bill, The object of sub-section 1 (a) of clause 18 of the Bill is to introduce certain provisions of the English Legisla ture into this Colony in order to prevent rich persons who fall seriously ill from conveying away their property, a few days before their death, so as to evade probate duty, A few cases of this kind have recently occurred in this Colony.

The object of sub-section 1 (b) and 1 (e) of clause 18 of the Bill, which are also founded upon English legislation, is to thwart other possible devices by which probate duty might be evaded.

Sub-sections (2) and (8) of clause 18 of the Bill have been introduced for the express purpose of preventing attempts at evasion of probate duty under the plea that valuable consideration has been paid.

Clause 22 of the Bill contains provisions which are en- tirely new to this Colony, though similar provisions have been in force in England for some years past and have been law in the Straits Settlements ever since the passing of their Ordinance X of 1885. I think that it will

Article 43 in the Schedule to the Bill makes probate duty payable on a higher seale than heretofore, and assimilates the scale of probate duty which is chargeable in this Col- ony to that which is charged in the Straits Settlements, (see the Straits Ordinance X of 1885) except that the valne of exempted estates remains fixed at $250, as it has hitherto been in Hongkong, instead of being altered to $500. Under our present law contained in Article 31 to the Sche- dule of Ordinance 16 of 1686 as amended by section 5 of Ordinance 13 of 1894, the probate duty charged is one per cent. where the value of the estate does not exceed $5,000, and two per cent. where such value exceeds $5,000; and I think that it will be readily concerted that shut rate is a very low one, especially when it is borne in mind that in Great Britain 3 sete of duties are levied, namely, Probate Duty, Legacy or Succession Duty, and Estate Duty.

In Great Britain the Probate Duty alone between £100 and £500 (which is roughly equivalent to $1,000 to $5,000) ia 2 per cent.. between £500 and £1,000, 24 per cent., and above £1,000, 3 per cent.

487

With a view to facilitate the comparison of the

first Schedule of the Ordinance with the Schedule to Ordinance

I am sending with thig Deport

16 of 1336, as amended by Ordinances 14 of 1880 and 13 of 1894

noopy of the stamp Ordinance,

containing mardinal references showing from what previous enacte ments the provisions of the various Articles in the First Schot

smasty

have been taken. The references to Orders in Council relate to

Rules made by the fovernor in Council under section 3 of Ordina

16 of 1926.

With regard to Denk Choques (seo Article 11 in t First Schedule) it will be noticed that the Stamp Duty on Bank Cheques as well on Bank Hotes is now made collectable opti

28

on a statement leoníshod by the Pank. The reason for this char

is that the Doloniel Fronsuror reported that it would be auch easier in that way be koop de offioient check on the receipts Stamp Duty maythin Bank Thoquee inasmuch as such Stamp will continue to be denoted by en impressed stemp and not by

now over-echoes”DOL

SPORORS. The local Panks hare raised no ob-

jections to this chande in procedure.

readily conceded that the introduction of such a clause in this Colony is desirable. The proviso at the end of elanse 22 has been inserted in view of certain special powers which have been conferred upon the Official Administrator, the Colonial Treasurer, and the Captain Superintendent of Police, in certain cases, under the provisions of sections 14, 19, 62, 63, and 64 of The Probates Ordinance, 3 of 1897.

With regard to Ruination Fees,

it will be notodro

that there is no Article in the "irst Schodule corresponding wi Article 19 in the Schedule to Galinance 13 of 1986. The reason

for this omission are:-

(i) That the migration Consolidation Ordinance, 1874,