CO129-623-8 Estimates of Expenditure- includes a report for the year ending March 1951 1-12-1949 - 31-3-1951 — Page 249

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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HONG KONG LEGISLATIVE COUNCIL

routine work contemplated by section 4 of the principal Ordinance has also been proceeding and the bulk of the work in connection with Ordinances as distinct from subsidiary legis- lation has already been done. The Commissioners are also preparing a Bill bringing fines and penalties throughout the Statute Book in line with present needs and conditions.

While all this work was being done and legislation was being examined it was discovered that there were respects in which the principal Ordinance could be improved. These are dealt with fully in the Objects and Reasons of the Bill now before Council and I consider it unnecessary to say more except to take advantage of the absence of the substantive Attorney General to pay him a tribute which he fully deserves. The work of revision is, as Council is well aware, being done by Commissioners selected from the ordinary normal personnel of the Legal Department. Of these, the Attorney General is naturally the most pre-occupied with other duties. He has, notwithstanding, never failed to take a personal interest in the work of revision and to give us the assistance of his considerable experience. This has stimulated the other Com- missioners to take a keen interest in what might otherwise have seemed a dull and somewhat unremunerative task.

I am sure that if Mr. Sainsbury, who is now acting as Legal Draftsman and who is to be congratulated on the excellent work which he has done in the last four months, were here with us to-day, he would be the first to acknowledge the debt he owes to the sympathetic understanding shown to his labours by Mr. Griffin.

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. Since the enactment of the Revised Edition of the Laws Ordinance, 1948, the principal Ordinance, the work of revision of the laws has progressed to the extent that the bulk of the Ordinances and subsidiary legislation has been prepared in readiness for printing, and decisions taken as to the final form of the work. Progress has been delayed by pressure of other matters and in settlement of printing arrangements. A conse- quence of delay in commencement of printing is that it has become possible and desirable to include in the Revised Edition, Ordinances and subsidiary legislation enacted in 1949. The main object of this Bill is to amend the principal Ordinance so as to authorize such inclusion. In so doing opportunity is being taken to propose other amendments which, it is considered, will render the Revised Edition more comprehensive.

HONG KONG LEGISLATIVE COUNCIL

2. As to Clause 3: the Commissioners to correct obsolete reference to Ordinances which have been repealed and replaced by enactments which make similar provision.

This clause is designed to empower

3. As to Clauses 4 and 8: It is the intention to dispose of all proclamations made during the period of the British Military Administration either by repeal or by re-casting into forms which are now more appropriate. Clauses 4 and 8 therefore make applicable, to proclamations and subsidiary legislation made thereunder, the power already vested by the principal Ordinance in the Governor to specify that particular Ordinances, which in the near future are likely to become spent or replaced, shall be omitted from the Revised Edition.

4. As to Clauses 5 and 7: The definitions "revised edition of Ordinances" and "revised edition of subsidiary legislation" contained in section 2 of the principal Ordinance, preclude the insertion, if the Commissioners think desirable, of any new legislation, enacted after the end of the period covered by the revision, which repeals consolidates or amends Ordinances and subsidiary legislation in force at the end of that period. It is considered convenient that the Commissioners should be given discretion to make such inclusion. Clauses 5 and 7 are there- fore designed to give effect to this objective.

5. As to Clauses 6 and 9: These clauses which provide for repeal and replacement of section 7 (2) and section 11 (2) of the principal Ordinance respectively, are consequential and have been made necessary by the amendments proposed by clauses 5 and 7. In such replacement the opportunity has been taken to amend the date of termination of the period covered by the revision consequential upon the amendments proposed by clause 2.

6. As to clause 10: The clause provides for amendment of section 17 of the principal Ordinance to enable the principal Ordinance in its amended form to be printed at the commence- ment of the Revised Edition of Ordinances.

APPROPRIATION FOR 1950-1951 BILL, 1950.

THE FINANCIAL SECRETARY moved the First reading of a Bill intituled "An Ordinance to apply a sum not exceeding one hundred and ninety-nine million fifty-one thousand and thirty-seven dollars to the Public Service of the financial year ending 31st March, 1951." He said: Your Excellency, beforc dealing with the actual Appropriation Bill for the coming year I should like to say a word or two about the financial year which has just ended.

The actual revenue and expenditure for 1949 50 will not of course be known for some time, but the revised estimate of revenue is $248,523,927. This is a record figure and

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