CO129-442 - Governor Sir May - 1917 [4-6] — Page 41

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HONGKONG.

No. 10 or 1917.

LS

1 assent to this Ordinance.

F. H. MAY,

Governor.

30th March, 1917.

An Ordinance to protect certain Public Ser- vants from Legal Proceedings in respect of certain Liabilities.

[30th March, 1917.]

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Public Ser- Short title. vants Liabilities Ordinance, 1917.

2. In this Ordinance:—

Action" includes legal proceedings and process of every description other than criminal and includes proceedings in bankruptcy. "Public servant", means any person holding any permanent appointment the emoluments of which are wholly or in part directly derived from the revenues of the Colony.

Interpreta- tion.

3. (1.) No action shall be maintained against a Actions not

to lie against public ser- public servant:—

(a) upon any promise express or implied to repay vants in

money paid or advanced to him or to another certain cases. person at his request;

(b) upon any promise express or implied to be answerable for the debt or default of another person; or

(c) upon any bond, bill of exchange, promissory note, or other like instrument made, drawn, accepted, endorsed, or given by him.

(2.) This section shall not apply to any public servant whose substantive pay, at the date when the liability sought to be enforced is contracted, exceeds two hundred dollars a month, exclusive of any allowances.

(3.) This section shall not apply to any liability con- tracted before the commencement of this Ordinance.

(4) Nothing in this section contained shall affect the right of the holder of any security to realize the same by sale or foreclosure.

4. All proceedings and documents in or incidental to Proceedings an action in contravention of this Ordinance shall be in contraven- Ordinance to absolutely null and void for all purposes, whether the tion of this

be void. Ordinance be raised as a defence or not.

Passed the Legislative Council of Hongkong, this 29th day of March, 1917.

A. G. M. FLETCHER, Clerk of Councils,

Assented to by His Excellency the Governor, the 30th

day of March, 1917.

CLAUD SEVERN,

Colonial Secretary.

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