CO129-524-7 Proposal to issue receipts for fines paid in Magistrates' Courts 6-2-1930 - 16-7-1930 — Page 8

1

C. O.

2

Mr..

Mr.

Mrs

Mr. Bottomley.

Sir J. Shuckburgh.

Sir G. Grindle.

Permt. U.S. of S.

Parly. U.S. of S.

Secretary of State.

DRAFT.

stamp, the licker,

the relion

y

&

or

his foods

by from the customs)

he should receive a documentary quittance for his paymeni.

4. I shall be

glad, therefore,

to

be advised in due

Спиче /ть а

system of issuing numbered Counterfoil receipts for finces paid in the conto has been uistitured

in the Colmiy.

I have 82

(Signed) PASSFIELD,

Pa

Pa

Νο

No 72.

RECEIVED

1 1 MAR 1930

COL. OFFIC

Aned Q

GOVERNMENT HOUSE,

HONGKONG, 6th February, 1930.

9

e 9

My Lord,

I have the honour to inform Your Lordship

that the question has lately been raised by the Colonial

Auditor of the desirability of issuing receipts in respect

of fines paid by persons convicted in the Magistrates Courts

of the Colony.

2.

No such receipts have ever been issued

hitherto in Hong Kong and, so far as I am aware, the

practice does not obtain either in the United Kingdan or

in other Colonies. It is presumed that payments of this

nature come under the head of "cases where receipts are not

required" for which Colonial Regulation No.243 provides.

3.

All such fines are recorded by the sitting

Magistrate upon serially numbered Charge-sheets or Summons-

sheets, and I am satisfied that all convictions entered

thereon are adequately checked against either the gaol

committal warrant or a corresponding entry in the cash-

book as the case may be. The responsibility of the police

officer who has charge of a convicted man only ceases

either upon his delivery to the gaol or the stamping of

the word "Paid" on the numbered sheet by the proper

authority.

THE RIGHT HONOURABLE

LORD PASSFIELD,

&c.,

&c.,

&c.

4.

e 9

Pag

Pag

2.

10

4.

10 END

The Police Magistrates are of the opinion

that a convicted man's personal liberty is sufficient

substitute for a formal receipt and that the additional work

entailed in issuing such receipts would be out of all

proportion to the additional safeguards contemplated by the

Auditor; and the Colonial Treasurer has advised that the

issue would not in fact provide any additional safeguard of

practical importance to the revenue.

As I concur in that opinion I have not called

upon the Magistrates to make any alteration in the existing

system.

5.

The Auditor however maintains his view that

in the Courts as in other departments the issue of counter-

foil receipts is one of the necessary safeguards of the

revenue of the Colony, and that at least your covering

approval is necessary for the interpretation I have placed

on Colonial Regulation No.243. I shall therefore be glad

if I may have Your Lordship's ruling on this matter.

I have the honour to be,

My Lord,

Your Lordship's most obedient,

humble servant,

lo.d. Southosh,

Officer Administering the Government.

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