CO129-508-5 Supreme Court of Hong Kong- slackness of registry accounting methods 28-10-1927 - 23-4-1928 — Page 91

317

1

C

(7) Non-payment to the Suitors' Fund.

91

It has been the practice of the shroff, with the consent of execution creditors, to accept payment made by

execution debtors with the object of avoiding arrest and

to pay these sums to the execution creditors direct. Such

receipts would not be shown in the Registry books.

It appears to the Committee that any deviation from

the rule requiring payment of the Suitors' Fund opens a

loop-hole for fraud and that this practice should be

di scontinued.

(8) Proceeds of sales under Distraints.

Section 27 (2) of the Distress for Rent Ordinance

No.1 of 1883 appears to call for the gross proceeds of sale

being paid into Court.

The present practice is for the net proceeds of sale,

that is, the gross proceeds less auctioneers' Commission and cost of advertising and other expenses, if any, incurred

by the auctioneer, to be paid into Court.

The Committee suggests that the Ordinance be amended

to allow of the present practice being continued, as this

will obviate a considerable amount of clerical labour, both

in the Registry and in the Treasury.

Dated the 9th day of December, 1926.

(Sd). C.McI. Messer, Chairman

11/12/26.

(Sd). M.J. Breen

Members.

(Sd). T.M. Hazlerig