September 3rd, 1921.]
and cheaper system and one which is more in accordance with Chinese custom. Any estate which comes before the Supreme Court would probably be of such a character that the estate duty payable on the New Territories portion would be a comparatively small amount and the estate would also be of such a character that the application of Chinese custom would not be of such importance. At all events, the arrangements made in this Bill is that no duty is payable if the land officer makes the grant but is payable if the Supreme Court makes the grant.
a
The COLONIAL SECRETARY seconded, and he Bill was read a first time.
The "
Objects and Reasons" state:— 1.-The object of this bill is to amend the Estate Duty Ordinance, 1915. The chief reason for doing so is that the pos1- tion of land in the New Territories in
relation to death duties is not clear. The Territories Regulation Ordinance, Ordinance No. 34 of 1910, Section 29, provides that no probate duties are to be payable upon the registration by the Land Officer of a successor. There is perhaps a doubt whether this section exempts such successions from estate duty, and it has been thought advisable to make this quite clear by adding a para- graph to Section 6 of the Estate Duty Ordinance definitely exempting such suc- cessions from estate duty. This is done by Clause 3 of the bill.
2. The chief difficulty, however, arises not on these successions, but on grants of probate or administration by the Supreme Court which include New Ter- ritories land. Such grants were exempt- ed from probate duty, in so far as the value of the New Territories land was concerned, by Regulations dated August 1st, 1905, under the Stamp Ordinance, 1901. (Regulations of Hongkong, 1914, page 572). It is very doubtful whether this exemption now extends to estate duty, and it seems only reasonable that where recourse is had to the Hongkong Courts, all the duties and fees payable in respect of Hongkong property should be payable.
It has been thought advisable therefore to append a proviso to the paragraph added by Clause 3 of the bill to the effect that the exemption from estate duty there given shall not apply to any land which forms part of an estate of which the Supreme Court has granted probate or letters of administration.
3.-Clauses 2 and 4 of the Bill effect small textual corrections in the Ordi-
nance.
LEGAL PRACTITIONERS ORDIN-
ANCE.
|
CHINA OVERLAND TRADE REPORT
227
PUBLIC HEALTH AND BUILDINGS HONGKONG AND THE WATER
ORDINANCE.
An
CARRIAGE SYSTEM.
REPORT BY A COMMITTEE.
The second reading of the Bill intituled Ordinance to amend further the Public Health and Buildings Ordinance, 1903, was postponed until the next meeting of the Legislative Council on Sept. 1st ing of the Council.
CROWN
LANDS RESUMPTION
ORDINANCE.
The ATTORNEY-GENERAL moved the Ordinance to amend the Crown Lands second reading of the Bill intituled an
Resumption Ordinance, 1900.
The COLONIAL SECRETARY seconded, and the motion was carried.
The Council then went into committee Clause 2 was amended by the omission to consider the Bill clause by clause.
of the words " by a willing seller" in the sixth line of para. (b). In clause 5 a minor amendment was made. A new
draft was substituted for clause 6.
The ATTORNEY-GENERAL explained that the object was to make it clear that the Board could give compensation in res- pect of damage to a business through its removal.
There was laid on the table at the meet-
the following report of a Committee appointed to consider the feasibility of extending the system of water carriage in the Colony by pumping up salt water from the harbour and the provision of suitable pipes therefor:- received the following reports from the The Committee held six meetings and
undermentioned gentlemen, copies of which are appended:
1.-Head of Sanitary Department, on the question of the Night Soil Contract. the cost of installing Salt Water Supply 2, 3, and 4.-Mr. R. M. Henderson, on
Systems.
5, 6, 7, 8, 9, and 10.—Mr. E. New- house, on the question of the alterations required to sewers to deal with an ex- tension of the Water Carriage System.
11, 12, 13, 14, 15, and 16.-Mr. L. Gibbs, on the cost of providing Salt Water, and on the cost and the present and ultimate capacity of the City of Victoria and Hill District and of the Kowloon Water Works. unofficial
17.-Extracts from previous reports on the question.
em-
The Hon. Mr. POLLOCK : This bodies
the a point which members desired to have introduced.
Council then resumed.
The ATTORNEY-GENERAL moved the third
the Bill; the reading of
COLONIAL SECRETARY seconded, and the motion was carried.
The Bill passed accordingly.
THE ADJOURNMENT.
H.E. THE GOVERNOR: With regard to the adjournment, it will be impossible to take all these Bills at the next meeting if We held it next week, but We could probably take them all if we adjourned for a fort- night. But I think it would be better to get some of them out of the way, and I propose that we meet this day week and take such of the business as we feel disposed to deal with.
The Hon. Mr. POLLOCK asked whether counsel was to be heard with regard to the Indemnity Bill.
The ATTORNEY-GENERAL: The Govern- ment have no objection to their being heard. The counsel who is instructed to
and cannot be here either next week or appear is coming from another Colony the following week.
The Hon. Mr. POLLOCK : I suppose that, in that case, the Bill will be taken later.
H.E. THE GOVERNOR: will adjourn to this day
p.m.
The Council week at 2.30
The ATTORNEY-GENERAL proposed that the Bill intituled an Ordinance to amend further the Legal Practitioners Ordin- ance, 1871, which was on the Agenda for first reading should stand over until the ROYAL DUTCH PETROLEUM next meeting of the Council.
1. Clause 2 is a formal amendment rendered necessary by the fact that the Law Society has changed its name.
examiners' fees at $100 each.
COMPANY.
to divide the populous parts of the 2. The Committee found it desirable
Colony into the following districts:-
(1.) The Peak.
(2.) The Middle Levels, say 400′ to 700'
contour.
(3.) The City below 400′ contour. (4.)-Kowloon Point South of Gas-
coigne and Jordan Roads and the area between the Railway and Coronation Road as far North as the New Boundary Road, includ- ing Ho Mun Tin.
(5.) Remainder of Kowloon District. 3. The Committee decided that dis
tricts (3) and (5) Chinese Quarters of Hongkong and Kowloon) need not be con- sidered, until the Water Carriage Sys- tem, if it were decided to extend it, had been tried in the other areas. Their deci- sion was based on the following reasons: (a)-That the areas in question were
mainly taken up by Chinese tene- ment houses whose occupants would not be likely to appreciate it. (b)-That drains and closets in these districts would be liable to become blocked.
(c)-That the collection of fæcal mat- ter from these districts is the most valuable and the least expensive, most of the present revenue being obtained from them.
4. The Committee have arrived at the following conclusions:---
To pump Salt Water for an extension of the Water Carriage System to any of the 3 districts,-Peak, Middle Levels and Kowloon Point,-is feasible and would be an advantage from a sanitary point of view. It would not however be economical to do 80 while fresh water can be spared and can be sup- plied at a less cost.
Salt Water pumped to:
The Board of Commissaries in their report to the shareholders submitted the 2.-Clause 3 authorises the Governor in for the year ending 31st December, 1920, balance-sheet and profit and loss account Council to make regulations for the deter-from- which it appeared that a dividend 5.--The cost per 1,000 gallons, 'nclud- mination of the fees to be paid to ex-
of 40 per cent. could be paid to the share-ing interest on capital and the cost of aminers at the solicitor's final examina-holders. In accordance with Article 31 pumping where necessary, but not includ- tion, and provides that the examiners' fees shall be recovered from the candidate of the statutes a dividend of 4 per cent.ing depreciation and general maintenace or candidates. It is proposed to fix the had already been paid on the priority charges-which would be about the same shares. An interim dividend of 15 per in all cases-is approximately as follows: cent. was paid on the ordinary shares in January of this year, so that 25 per cent. could still be paid. They therefore re- commended that, after payment of 4 per cent. on the preference shares and 4 per cent. as mentioned above on the priority shares, the dividend for 1920 be fixed at 40 per cent. on the ordinary
per share of f.1,000.- shares of f.400.- and f.40 per subshare of f.100.-
The recommendation was approved.
3.-Clause 4 authorises a fine of one thousand dollars on summary conviction instead of a penalty of two hundred dol- lars (apparently recoverable by a com- mon informer) as the penalty for unlaw fully practising as a barrister or solici- tor. The consent of the Attorney-General for the institution of proceedings is made no longer necessary.
The motion was agreed to.
The Peak Middle Levels
Kowloon Point
$3.33*
1.25* 0.36*
* See Mr. Gibbs's report-Annexe 11. Fresh Water supplied to:—
The Peak
$0.76+
Middle Levels
0.53†
Kowloon Point
0.17+
See Mr. Gibbs's Reports Annexes 12
and 13.
No comments yet.
Private notes are available after approval.