CO129-521-10 Colonial Treasurer Incorporation Ordinance 1930 17-10-1930 - 20-10-1930 — Page 8

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Evidence as to the

identity of the

occupant of the corporation.

Vesting of legal estate or interest in corpora- tion in certain

cases.

5. If any question arises as to who is, or was at any time, the occupant of the corporation for the time being, a certificate under the hand of the Colonial Secretary shall be conclusive evidence for all purposes whatsoever as to the person who is or was the occupant.

6.—(1) Where, at any time, by reason of the death of any person, being a person to whom, as Governor or as an officer of the Government of this Colony, any property of any nature whatsoever has been transferred for and on behalf of the said Government, the legal estate or any interest in such property has passed or passes on such death to the personal repre- sentative of such person, it shall be lawful for the Governor, at any time, to declare such legal estate or interest vested in the corporation, and thereupon such legal estate or interest shall vest accordingly without any conveyance, assignment or transfer.

(2) In like manner where, at any time, the legal estate or any interest in any property of any nature whatsoever is held or possessed, for and on behalf of the said Government, by any person who, having held office in the Colony as a Governor or as a Government officer, has vacated his office otherwise than by death, it shall be lawful for the Governor, at any time, to declare such legal estate or interest vested in the corporation, and thereupon such legal estate for in- see ordre 25 1930 terest shall vest accordingly without any conveyance, assignment or transfer.

(3) A certificate under the hand of the Colonial Secretary shall be conclusive evidence for all purposes whatsoever as to the interest of the Government of this Colony, as to any such death or vacating of office, as to the making by the Governor of any such declara- tion, and as to the vesting of the legal estate or interest in the property therein mentioned in the corporation.

Passed the Legislative Council of Hong Kong, this 16th day of October, 1930.

E. W. HAMILTON,

Deputy Clerk of Councils.

Page

Page

age 9

Enclosure No. 2.

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ATTORNEY GENERAL'S CHAMBERS,

Hong Kong. 17th October, 19230.

REPORT ON ORDINANCE No..........5............of 19230.

1. I have examined the accompanying Ordinance. intituled an Ordinance to incorporate the Colonial Treasurer, and I am of

opinion that the Ordinance is one which is not contrary to

the Governor's instructions.

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The Object of this Ordinance is to incorporate the

Colonial Treasurer. From time to time the Government has

occasion to take securities in the Colony. The practice

has been to take such securities in the name of the Governor,

for and on behalf of the Government. In cases where an

equitable mortgage can be accepted this practice is

unobjectionable. There have been many cases where a legal

mortgage has been preferred, and similar cases in the future

must be contemplated. The taking of legal mortgages, with

the advantages incidental there to has rendered necessary the

giving of powers of attorney by former Governors, and the

execution of deeds and other instruments out of the Colony,

with consequential correspondence and delays. The

inconvenience of such practice, and the need for legislation on the lines of this Ordinance have become abundantly clear.