52
HONGKONG LEGISLATIVE COUNCIL
PRESENT:-
24TH APRIL, 1921.
HIS EXCELLENCY THE OFFICER ADMINIS- TERING THE GOVERNMENT (Hox. MR. CLAUD SEVERN, C.M.G.).
H.E. MAJOR-GENTRAL SIR GEORGE MACAULAY KIRKPATRICK, K.C., K.0.8.1. (General Officer Commanding the Troops in China),
HON. MR. ED. C. WOLFE (Colonial Secretary).
HoN, MR. J. Н. КЕМР, к.с., (Attorney-General).
C.B.E.
HON. MR. C. McI. MESSER, O.B.E. (Colonial Treasurer).
of the Superintendent of Imports Exports for the year 1920.
Finance
THE COLONIAL SECRETARY by oz mand of H.E. the Officer Administeringt Government, laid on the table the rep of the Finance Committee, No. 6, moved that it be adopted.
THE COLONIAL TREASURER and it was agreed to.
The Stamp Ordinance
THE ATTORNEY-GENERAL moved th the Council go into Committee to coride
HON. Ma. E. A. IRVING (Director of the clauses of the Stamp Bill whi Education),
HON. MR. 8. B. C. ROSS (Secretary for Chinese Affairs).
HON. MR. T. L. PERKINS (Director of Public Works).
HON. MA. H. E POLLOCK, C.
HON. MR. LAU CHU PAK.
HON. ME. A. O. LANG
!
HON. MR. CHAU SIU-KI.
HONGKONG LEGISLATIVE COUNCIL
use 16, sub-clause (3), was amended tend the right of appeal to the nor-in-Council on any point decided the Collector.
On Clause 17, relating to instrumenta cuted out of the Colony, the ATTORCEY- NERAL said it had been pointed out in that one quarter that the clause th: have too wide an application, and had been re-drafted to make it practi- ly the same as in the present Ordin- , which had been the law for the past Tears.
Jause 23 H re-drafted A roved.
J
Was
now
כן
FR ATTORNEY GENERAL moved that ase 25, relating to proxies, be re-com: ted. This was agreed to and it was | amended by inserting the word
ngle" before the word "meeting.' THE ATTORNEY-GENERAL explained at the clause is intended to provide
to vote t any proxy
at a Bingle ting must contain the date of the eting. It was feared that from the clause it might pos-
were left over from the last meetining of the
THE COLONIAL TREASURER sety be held that there was no power, and the motion was approved.
In Committee many verbal amend ments were made on clauses postpo for that purpose from the last meeting clauses were re-numbered, and con quential alterations made in the schedule
MR. S. B. B. McELDERRY (Clerk of tion of a marketable security Councils).
ABSENT:-
HON. MR. H. W. BIRD.
Hox. MR. A. G. STEPHEN.
New Member
Mr. CRAU SIU-KI took the oath and his seat as a member of the Council during the temporary absence of the Hon. Mr. Ho Fook
Minutes
The minutes of the meeting held on April 25th were approved and signed by the President.
Papers
THE COLONIAL SECRETARY by com mand of H.E. the Officer Administering the Government, laid on the table the Report
P
On clause 3, patigraph 18, an antend ment was approved to make the defai- the same aş in the present Ordinance. Di paragraph 19, an amendment suggested by the Stockbrokers' Association adopted. In paragraph 22, an amend ment was approved making it clear the
person includes a firm.
"
DJ
Sub-clause (6) of clause 5, which had bees left over for re-drafting, was now adopted in and criminal liability separately. two sub-clauses dealing with civil liability
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THE ATTORNEY-GENERAL explained that the stamp duty is a civil debt to the ginally drafted the collector could ne collector, but, clause 6
was ori have established his claim because could not produce the unstamped dora: ment which was the only proof of failure to pay the duty.
amended by the Attorney-General.
Clause 6 was approved as it had be
longer, to give a general power of orney to vote at meetings, sad in order clear up that question this word was posed to be inserted.
The clause as amended was approved. With reference to Clause 41, which had n held over for re-drafting, the TORNEY-GENERAL proposed that it ould read as follows:-
41-(1) Where any obligation or ability is under the provisions of this Ordinance imposed upon a corporate body, and such obligation or liability is not discharged; very director. Dager, secretary, and other officer,
of the corporate body, who is wilfully
Inco,
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The general idea of the two clauses (he said) was to make the company in the one case, and the manager in the other, liable to see that the documents are duly stamped, but neither a director, officer or servant shall be liable unless he is knowingly and wilfully a party to the evasion of the law.
The clause, as re-drafted, was approved. Clause 43 was verbally amended and approved.
THE ATTORNEY-GENERAL introduced a new clause, No. 4, to provide that the Ordinance shall come into operation on the 1st of May, 1921. He said he under- stood the intention was to take the third reading of the Bill on Saturday, at a formal meeting of the Council, and the Bill would be gazetted in a Gazette Extra- ordinary.
HON. MR. POLLOCK-I suppose, Mr. Attorney, there is no objection to the Bill coming into force on a Sunday?
THE ATTORNEY-GENERAL said he did not think so.
His EXCELLENCY-Make it Monday the 2nd day of May.
This was agreed to.
THE SCHEDULE
Heading No. 1. Adjudication fee (t be paid on the requisition or other ap plication for adjudication).
THE ATTORNEY-GENERAL said that a representation had been made by the Chinese Chamber of Commerce that the fee of $10 was too high and he moved that it be reduced to $5.
HIS EXCELLENCY (to Mr. LAU CHU
PAX)--Will you second that?
party to the default, and the said HON. MR. LAU CHU-PAK-I think orporate body, shall be deemed to it is still too high. Every time a Chinese mit an offence against this Ordin- goes to the Stamp Office and asks for a document to be stamped he has to pay $5. (2) Where any obligation or liability is under the provisions of this Ordin- His EXCELLENCY-1 understand the ace imposed upon a firm, and such collector is always ready to help in a obligation or liability is not discharged case of that kind. Where any formal ery partner in the said Arts, and adjudication is applied for then he has very servant of the said firm, who is to pay. Where no formal adjudication is ilfully a party to the default, and the applied for there is no charge whatever. Person appearing to have the manage- meet of the said firm within the Colony, hall be deemed to commit an offence gainst this Ordinance.
THE SECRETARY FOR CHINESE AFFAIRS said it was only in a case of a dispute that adjudication was applied for. Chinese who asked for an opinion were
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No comments yet.
Private notes are available after approval.