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It is considered that the Colonial Treasurer should hold
and deal with securities and other property taken for and
on account of the Hong Kong Government.
30
The Ordinance is modelled, in part, on the Treasury
Solicitor Act, 1876, 39 & 40 Vict. c. 18 and the Secretary
for Chinese Affairs Incorporation Ordinance, 1928,
Ordinance No.3 of 1928.
4.
Section 3 follows closely the wording of section
4 of Ordinance No. 3 of 1928, the object and reason for
which was stated as follows :-
5.
"Section 4 is drafted with the intention of
enabling the officer for the time being
performing the duties of the office to
deal with the legal estate, whether he be
the substantive holder of the office or
only an acting Secretary for Chinese Affairs.
It is also intended to obviate the rule that
a lease granted to a corporation sole
passes to the personal representatives of
the occupant and not to his successors;
see Halsbury, Vol. 8, para. 821, p.371,
and Arundell's Case (1615) I Roll. Abr.
p. 515 cited in Fulwood's Case (1591)
4 Co. Rep. 64 b, note A."
Section 4 deals with the manner in which deeds and
other documents are to be sealed and signed, or signed if
under hand only, in order to be receivable in evidence.
6.
Section 5 provides a means of resolving any doubt
as to who is, or was at any time, the occupant of the
corporation. The method adopted is that of a certificate
by the Colonial Secretary.
7.
Section 6 provides a means of vesting in the
corporation the legal estate or interest in property acquired or held by a Governor or any other officer
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