CO129-468 - Governor Sir Stubbs - 1921 [6-8] — Page 223

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

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HONGKONG LEGISLATIVE COUNCIL

HONGKONG LEGISLATIVE COUNCIL

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THE COLONIAL SECRETARY replied:

1. The Government is not prepared to tako such a referendum as is suggested, because the construction of the road has been approved by the Legislative Council. The road will be of the greatest value not only as a means of access to all parts of the Peak eventually by motor vehicles but also it will reduce the coat of carriage of road and building mate- rials to at least one half the present price. It may also have the desirable result of lessening considerably employment of women and children in the carrying burdens to the Hill district. The new alignment of the road will make it possible to construct branch roads con- pecting other portions of the Hill dis- trict with the lower levels. I may add that applications for building sites on the portion of road in question are being received.

2.-The Public Works Committee of this Council at a meeting held on October 8th, 1920, unanimously recommended the construction of this road at an estimated cost of $86.900. At a further meeting of the Committee held on January 13th, 1921, a change in the route was recom- mended at a revised estimate of $118,187, the hon. member dissenting. Govern ment adopted the policy advocated by the Committee, but the revised estimate proved somewhat too low and on April 9th a contract for the construction of the road at a cost of 8127,865 was signed.

15 cwt., and its total loaded weight 4 to 15 cwt.

ce.

The first reading was agreed to,

This lorry was taken unloady to each successive bolder of the Ordinance making the modifications re- quired to enable the Order-in-Council This is over the Wanchai Gap Road which

to be applied to Hongkong. a gradient of 1 in 20, in 15 minutes, ati average speed of ten miles per hour. T

THE COLONIAL SECRETARY—I beg to merely one of a series which we have bad to introduce to make the Orders-in-

The ond the motion. rate at present paid to contractors

Council applicable to this Colony. material carried to the Peak total

only change made in this Order is the $7.92 cents per ton. The total over-bai

substitution of the word "Governor " costs of taking material delivered

for the word "Treasury" in two places. Mount Kellet with one of these rahe Treaty of Peace (Amendment)

I move the first reading. allowing the fullest value to every co

(No. 2) Order, 1920, Ordinance ceivable item would be $1.71 per ton. against $7.92 at present paid.

THE ATTORNEY-GENERAL moved the Appl

lots, and other tentative applications ha cations have been received for built reling of a Billintituled, An Ordinance modify certain provisions of the Treaty been made asking when the road will b

Peace Order, 1919, as amended by completed.

Treaty of Peace (amendment) Order, 20. and by the Treaty of Peace (amend

HON. MR. POLLOCK inquired whent) (No. 2) Order, 1920, for the pur applications.

se of adapting the provisions of the rder to the circumstances of the Colony

Hongkong.

THE DIRECTOR or PUBLIC WORKS have only one at present actually unde consideration and that is from t Asiatic Petroleum Company.

The Custodian Ordinance

THE ATTORNEY GENERAL moved the first reading of a Bill intituled, An Ordinan to provide for the transference of pro perty, rights and powers to successis holders of the office of Custodian of Enemy Property.

The "Objects and Reasons" attachet to the Bill state:-"The object of the

THE COLONIAL SECRETARY seconded, and the motion was agreed to.

The Stamp Ordinance

THE ATTORNEY-GENERAL moved the

first reading of a Bill intituled, An Onlinance to amend the law relating to stamp duty.

The "Objects and Reasons

TheObjects and Reasons" attached to the Bill state:-

the Bill state '—

-The object of this Bill is to adapt the circumstances of the Colony the endments made in the Treaty of Peace der, 1918, by the Treaty of Peace mendment) (No. 3) Order, 1920.

-The latter Order was published in e London Gazette of January 21st, 1921. ad in the Hongkong Gazette of April it 1921.

-The method followed in the Bill is Bill is to make it clear that property, and Ordinance No. 15 of 1920, the ilar to that of Ordinance No 3 of rights and powers vested in, or conferred upon any holder of the office of Custodie hedul being to the articles of the erence is in the second column of the pass to his successors in office. This i

as amended by the the legal state, particularly in the cast of leasehold property."

attached

1. The objects of this Bill are (a) to increase the revenue from stamp duties, (b) to facilitate the collection of those duties and prevent evasion, and (c) to correct various defects in the present law which have long been known to exist The need for additional revenue is urgent.

-The Bill is based as far as possible on the United Kingdom Stamp Acts. references to which appear in the mar ginal notes throughout. There is, how- Acts and this Bill. ever, one great difference between the In the n'ted

ject to certain clear exceptions, the Kingdom, speaking generally and sub- payment of stamp duty is voluntary. in other words, it is no offenes not to stamp An instrument, and the Crown TEE ATTORNEY-GENERAL said cannot sue for the duty. The only sanc- rious Orders in Council have been made tion is that if the instrument ever has provisions of the various treaties part of ceedings it is not admitted until the duty. His Majesty for the purpose of making to be given in evidence in civil pro- law of the land. Those orders are, and a small penalty, have been paid. In course, drafted primarily for the the bill the payment of stamp duty is Pited Kingdom, and though they are made compulsory in every case except

sendment Orders.

Hox. MR POLLOCK-Arlsing out of the answers giver to the questions put, I should like, sir, to ask what grounds the Government have for the statement important for the purpose of dealing withginal Order. that the road will reduce the cost of rriage of road and building materials to at least one half of the present price. Also, what applications have been re- ceived for buildings sites on the portion of the road in question.

His EXCELLENCY—I do not know whe- ther the Director of Public Works is in a position to answer without notice of these questions.

THE DIRECTOR OF PUBLIC WORKS Last week I saw at Wanchai Gap & Dennis Car which has a carrying capacity of 2

tons.

It was not loaded, but it was quite capable of taking two tons or rather The weight of the car was 2 tons

more.

ΤΗΣ ATTORNEY-GENERAL

ak

This bill, sir. is merely to provide the when property is vested in the Custodia it will pass to any succeeding Custodia There have been great number changes in the office of Custodian, ap as the Custodian is not a corporation sole, property vented in ons Custodian does not pasa to another without assignment or special vesting order. is inconvenient that one should have t follow every piece of property in that way, and divest and re-reat on change in the holder of the office. This bill w have the effect of passing any such pro

force throughout the rest of the four. .., attested copies, duplicates, ritish Empire, other than the self- agreements of service with a corporate Terning Dominions, yet they require body, and agreements under hand (other tain modifications to make them suit- than agreements for the sale of goods and le for the circumstances of the Colonies. other property, the stamping of which is In other words the xample, the fees are expressed in terms made compulsory), pounds sterling, and references occurto the

Collector can sue for the duty, and it is ard of Trade and the Treasury, which, also a criminal offence not to stamp. The course, would not be applicable here. position under the existing Ordinance is ach Order-in-Conneil requires here an not clear: it is arguable that stamping

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