CO129-434 - Governor Sir May - 1916 [7-8] — Page 537

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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1913, and that a revenue officer appointed

under any of the Ordinances scheduled to

the 1913 Ordinance and the present amending

Ordinance may not exercise the powers con-

ferred by section 2 of the 1913 Ordinance,

unless he also be, and purport to act as, a

revenue officer appointed under urdinance

No. 9 ot 1911. As some persons appointed

to be revenue officers under the scheduled

Ordinances may not also be revenue officers

ap ointed under Ordinance No. 9 of 1911, it

appears that the power of such officers will

be curtailed in comparison with the powers

of some of their colleagues, which appears

I am adfined tha

to be undesirable, and in order to avoid this

paul suggest

difficulty it appears that the definition of

revenue officer given in the Interpretation

Ordinance, 1911, should be amended.

3.

I am further advised that if as

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stated by the Attorney General the powers

conferred by section 2 of the 1913 Ordinance

exceed the powers conferred by specific

Ordinances, the Courts will probably limit

the powers of the revenue officer to those

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conferred by the several specific

Ordinances rather than pronounce in

favour of wide powers purporting to be

conferred by a general Ordinance, such as

No. 6 of 1913. If this is the case,

I consider that section 2 of Ordinance

No. 6 of 1913 should be amended by

inserting between the words "may" and

"arrest" in line 1 some such words as

"in addition to any powers conferred

by any Ordinance mentioned in the

schedule hereto".

I have, etc.,

(SD)

ارم

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