CO129-515-3 Tobacco (Amendment) Ordinance- 1929 28-1-1929 - 11-3-1929 — Page 31

HONG KONG LEGISLATIVE COUNCIL.

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lish Intestates Estates Act, which provides that in the case of balances of intestates estates in the hands of the Crown, claims by subject are barred after such time and in such conditions as they would be barred if they were suing a subject and not the Crown. It seems to be a reasonable limitation and it has been inserted in this Bill. There is no similar limitation of right to petition the Governor in Council on moral grounds. I beg to move the first reading.

THE COLONIAL SECRETARY seconded and the Bill was read a first time.

Objects and Reasons.

The "Objects and Reasons" for the Bill were stated as follows:-

1. The Unclaimed Balances Ordinance, 1885, Ordinance No. 1 of 1885, provides for the transfer to the general revenue of the Colony of the following:-

(a) Al sums of money, which, at the commencement of the Ordinance, had remained unclaimed in the Treasury for at least five years.

(b) All sums of money, other than balances of intestates estates, which after the commencement of the Ordinance remain unclaimed in the Treasury for at least five years.

(c) Under certain conditions, the balances of intestates estates

administered by the Official Administrator.

(d) Under certain conditions, sums of money, other than balances of intestates estates, which remain unclaimed in the Supreme Court for at least five years.

2. To enable sums under class (c), the balances of intestates. estates, to be transferred, certain advertisements are necessary, except where the funds of the estate are less than $20 in value, and these advertisements have to state that the funds remaining from the estate will be transferred to the general revenue if no claim is made within five years from the death of the deceased. No provision is made to meet cases in which the necessary adver- tisements are not made, or in which administration is not obtained, within five years from the death of the intestate. Such cases have occurred, and there would appear to be no machinery whereby due advertisement can now be made, so that the money, if unclaimed, may be transferred to the general revenue of the Colony.

3. Further, no provision is made for the transfer to the general revenue of sums which remain unclaimed in the hands of some officer other than the Treasurer.

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