121
111
HONGKONG LEGISLATIVE COUNCIL
THE COLONIAL SECRETARY seconded. and the Bill was read a first time.
war
The Objects and Reasons state:- 1.-The Bill 18 based on the Indemnity Act, 1920, 10 and 11 Geo. 5, chapter 48.
8. The definition of the term risk in clause 2 is taken from clause 19 of Admiralty Charter Party T. 99, as being the risk assumed at the time of requisitioning when certain ships were first placed under control in 1917 and 1918. The other definitions in clause 2 are taken from the Act.
3.-Clause 3 of the Bill is practically a copy of clause 1 of the Act, except that words have been inserted in order to make it quite clear that the clause will include claims for the recovery of money held by the Government of the Colony in consequence of such acts as are referred to in the main part of the clause. These words are inserted by way of extra caution as it seems obvious that
engineered by enemy agents in the East The Government took the risk of any damage due to any operations of war. If a raider had appeared in these waters and had sunk even half these ships the resulting loss would. at a time of very high value of shipping, would have been most crippling. It was a risk contem- plated with considerable anxiety at the time by the Government, and if the loss had occurred it would have been a most severe one for the Colony from which it would not have recovered for a long time. Are we then, to get nothing in return for that risk which the Colony as a whole took! 1 admit that does not cover the whole ground. but it does cover at least part of the ground. It may not be gen- erally known that we did at one time offer the Imperial Government the whole of the collections from this requisition scheme if they would also accept the risk, and the Imperial Government refused to do so.
We, therefore, had to carry it through on our own.
I do not propose to go into the the section in the Imperial Act is in- details of the Bill.· It is based on the English Act and the details are explained, I think, sufficiently. in the Objects and Reasons. The special words inserted in clauses 3 and 4 to cover the case of claims in respect of requisi- tioning of ships have been inserted by way of extra caution. I say that because I think that the Laglish Act did cover them and was intended to cover them. debate in the House of Commons shows The that it lasted six hours and turned mainly on the shipping question involved. It was pointed out that if the Bill was not passed additional burden of £328,000.000 would be thrust on the tax-
an
payers of the country. I mention that to show that it was intended to apply to shipping claims. By way of extra cau- tion words have been inserted in this Bill to make that perfectly clear.
We made, from this Colony, during the war certain contributions to the Imperial Govern- ment for the carrying on of the war. We sent home out of ordinary revenue over five millions; and out of special rates imposed for war purposes over two millions. We also faised a loan of three million dollars and sent that to the Imperial Government. The cash payments have gone; the loan remains, and what it is proposed to do with the money collected by the Govern ment under the requisit on scheme is to place it in a fund for the redemption of that war loan.
tended to cover such claims and probably does cover them.
4. Speaking generally, clause 3 gives protection to all persons in the public service, in respect of any act done during the war and before the passing of the Ordinance, if such acts were done (a) in execution of a public duty, and (b) that a certificate by the Colonial Secre- in good faith. Sub-clause (3) provides tary that any act was done in execution of a duty shall be sufficient evidence of . that fact, and that any act so done shall be deemed to have been done in good faith unless the contrary is proved.
5. The clause in question, clause 3, bars all legal proceedings in respect of any such acts, including legal proceed- ings for the recovery of money held by the Government in consequence of any such act. Certain legal proceedings, are excepted from this bar, and amongst the excepted cases is the institution of pro- ceedings in respect of breach of con- tract, provided that such proceedings ar commenced within one year from the ter- mination of the war or from the date when the cause of action arose, which- ever may be the latter date. This limitation of time is imposed in order that claims may not be held back unduly but may be presented while the evidence on behalf of the Government is more
HONGKONG LEGISLATIVE COUNCIL
likely to be available. Temporary or- ganisations set up for the purposes of a war are dissolved when the war comes to an end, or even before that event, and the longer the time which elapses the more difficult it is to obtain evidence on matters dealt with by such temporary organisations.
6-Clause 4 makes an exception to the general bar on legal proceedings imposed by clause 3.
It gives a definite legal right to payment in respect of the re quisition and control of shipping by or on behalf of the Government of the Colony, and a right to compensation for damage directly due to war risk during the period of requisition or control. The payment in respect of requisitioning and control is to be in accordance with the Blue Book rates, together with any additional payment which may have been expressly promised in writing, or credit- ed to the owner, by the Government. This addition does not appear in the Imperial Act but is peculiar to the Bill. Compensation for damage due to war risk is limited, as in the Imperial Act, by the provision that, in assessing such damage, no account is to be taken of any increase of market values of tonnage due to the war.
112
9. It may be pointed out that sub- clause (1) of clause 3 provides that if any legal proceedings which is barred by the Ordinance shall have been instituted before the commencement of the Ordin- ance it shall be discharged, subject to such order as to costs which the Court may think fit to make. Sub-clause (4) of the same clause provides that nothing in the clause shall affect a final judgment given before the passing of the Ördin-
ance.
Deportation Ordinance
first reading of the Billintituled, An Ordinance to amend the Deportation Ordinance. 1917.
THE ATTORNEY-GENERAL moved the
་་
"
tions. Clause 2, clause 4 and clause 5 are He said: This Bill falls into two por- founded on the recent aliens legislation part of clause 3 is founded on a recent in the United Kingdom. The important China Order in Council. I do not know that I need refer in detail to the clauses based on the aliens legislation of the United Kingdom, but I would like to refer to section (b) of clause 3. the part of the Bill which is based on the That is
China (Amendment) Order in Council, No 7.--The tribunais for assessing payment
3, 1920. It gives the Governor in Coun or compensation under the Imperial Actcil power to deport any person who it is are (a) the Admiralty Board of Arbitra considered has acted or is about to act tion, (b) the Defence of the Realm Losses a manner prejudicial to the public Commission, and (c) any special tribunal safety. That power to deport can only be prescribed by the Defence of the Realm
exercised after what we may call the Regulations for any particular case. As Ordinance has been gone through.
Long procedure of the Deportation none of these arbitrational boards exist
It is in Hongkong, clause 3 provides for tri- proposed to deport has to have a definite not a summary power the person whom it is bunals which are to consist of one of charge put before him and is given the the judges as president, and of two other opportunity of answering that charge. members, one nominated by the Gover- nor and the other by the claimant. The Imperial Act provides for an appeal on A point of law from the arbitration tribunal to the Court of Appeal. Clause 5 provides that the president of the local tribunal may reserve any point of law for the decision of the Full Court, and that the decision of the Full Court on such point of law shall be final. The Im- perial Act provides for an appeal from the Court of Appeal to the House of Lords, but only by leave of the Court of Appeal.
8.-Clause 6 saves all Prize Court proceedings from the operation of the Bill.
The COLONIAL SECRETARY seconded, and the Bill was a read a first time.
C
"
The Objects and Reasons state: 1. The object of this bill is to amend the Deportation Ordinance, 1917, by remedying certain apparent defects therein and by inserting certain new pro- visions in order to conform with recent legislation in the United Kingdom.
2.-Clause 2 of the bill is based on a combination of the present section 3 (2) of the Ordinance and the provisions of Article 12 (6) (c) of the Aliens Order, 1920, which reads as follows:-
No comments yet.
Private notes are available after approval.