CO129-476 - Acting Governor Claud Severn & Governor Sir Stubbs - 1922 [8-12] — Page 301

Enclosure 2.

295

ATTORNEY GENERAL'S CHAMBERS,

Hongkong, 12th October, 1922.

REPORT ON ORDINANCE NO. 24

of 1922.

TAKE THE

1.

I have examined the accompanying Ordinance intituled an Ordinance to amend the Stamp Ordinance, 1921, and I am of opinion that the Ordinance is one which is not contrary to the Governor's

Instructions.

2.

逾

In general, it is a criminal offence not to stamp any in- strument included in the schedule the Stamp Ordinance. There

are four exceptions to this rule, agreements generally, agreements of service with a corporation, attested copies, and duplicates.

In these four cases, the only important class of which is that of

agreements, it is no offence not to stamp, but an unetamped docu-

ment may not be received in evidence.

Section 16 of the prin-

formarly

cipal Ordinance, which present contained the only power to stamp

an instrument cut of time, is so strictly worded that exceptional

circumstances are generally necessary before stamping can be al-

lowed unday's. It is thought that this would be likely to cause con-

siderable hardship in the case of agreements.

Agreements are

very frequently entered into by persons who have no legal training or advice, and who probably never think of the question of stamping