1921-04-15 — Page 3

THE HONGKONG DAILY PRESS,

HONGKONG LEGISLATIVE

COUNCIL."

*NEW

HON. MR. HOLYOAK DESCRIBES THEM AS

AN ATTACK ON FREE TRADE"

AND HIGHER STAMP DUTIES.

A DEFENCE OF THE PEAK MOTOR ROAD.

meeting of the Legislative Council was held yesterday afternoon. There

were present:

Hon. Mr. J. H. Krus, „K.C.;

(Attorney-General).

Hon. Mr. C. Mcl. Mesec, O.B.E.

(Colonial Treasurer).

Hon. Mr. E. A. IRVING (Director of

Education).

Hon. Mr. S. H. C. Ross (Secretary for

"Chinese Affairs).

„The ** Objects and Reasons" attached to the Bill stato:-

1.The object of this Bill is to adapt to the circumstances of the Colony the amendments made in the Treaty of Peace Order, 1919. by the Treaty of Peace (amendment) (No. 9) Order, 1020.

FRIDAY, APRIL 15TH. 1971.

The definitions in classe 3 of the bill are based largely on the United] Kingdom: Acts. Attention is drawn to the new definitions of cheque" and "partnership instrument." The former will make illegal the evasion of bill of exchange duty carried out by the use of chegues (in the old sense) drawn by 2. The latter Order, was published in

bankers here on their branches or agents the London Gazette of January 31st, 1991, outside the Colony. The definition of ADd in the Hongkong Gazette of April" partnership instrument," it will be seen, is not limited to instruments used in the formation of a partnership,

1st, 10.

3-The method followed in the Bill is similar to that. af Ordinance No. 3 of 1020, and Ordinance No. 18 of 1920, the reference is in the second column of the schedule being to the articles of the original Order, as amended by the amendment Orders.

6. Sub-clause (5) of clause 5 makes the payment of stamp duty a civil debt, and the non-payment of stamp duty a criminal offence, except where in the schedule stamping is stated to be voluntary.

7. Clause 6 is intended to make all

THEATRE

ROYAL

EASTERN TOURS LTD.

Present the

H. B. WARING CO.

Commencing

Monday, April 18th, at 9.15 p.m.

22ND

23RD

-The Public Works Committee of this Council at a meeting bold on October 8th, 1920, manimously recommended the construction of this road at an estimated

The ATTORNEY-GENERAL said: Various unstamped instruments inadmissible in MON.18 HIS EXCELLENCY THE OFFICER ADMINIA

TERING THE 'GOVERNMENT (Hon," Mr.

cost of $86,200. At a further meeting of Orders in Council have been made by His evidence or for registration, even though, CLAUD SEVRUS, C'.M.G.).

TUES. 19TH the Committee held on January 18th, Majesty for the purpose of making the at the time when the instrument is HI EXCELLENCY THE GENERAL OFFICER 1921, a change in the route was recom- provisions of the various treaties part of tendered, the payment of duly has not WED 20TH

COMMANDING ΤΗΣ TROD (Major mended at a revised estimate of $118,187, the law of the land. Those orders are, yet, by lapse of time, become a civil debt General Sir G. M. KIRKPATRICK,

the hon. member dissenting. Govern. of course, drafted primarily for the nr a criminal liability."

* THURS. £ler K.C.B.. K.C.S,I). Hon, Mr. E. 1. C. Woist (Colonialment adopted the policy advocated by United Kingdom, and though they are 3-Clause 10, which denis with split FRI.

Secretary).

the Committee, but the revised estimate enforced throughout the rest of the ting, is a general application of a prin- C.B.E. proved somewhat too low and on April British Empire, other than the self-ciple which has hitherto been applied | SAT.

road at a cost of 9127,063 was signed. 9th a contruct for the construction of the governing Domunions, yet they require in the Colour, and in the United King

certain modifications to make them suit- dom, only to the particular caso of The Hon. Mr. POLLOCK: Arising out of ably for the circumstances of the receipts. the answers given to the questions put, Colonies. For example, the penalties and should Ike, sir. to ask what grounds are expressed in terms of pounds the Government have for the statement sterling and references occur to the that the road will reduce the cost of Board of Trade and the Treasury, which, enrriage of rond and building materials of course, would not be applicable bere. tu at least one half of the present price. Each Order-in-Council requires here an Also, what applications have been re-Ordinance making the modifications re ceived for buildings sites on the portion quired to enable the Order-in-Council of the road in question.

to be applied to Hangkong, This is 10.The duty on agreements for the HIS EXCELLENCY: I do not know whe merely one of a series which we have sale of property; introduced by clauso £1, ther the Director of Public Works is in had to introduce to make the Order-in has been adopted from the United King Council applicable to this Colony. The 'dom Stamp Acts. It is intended to pre only change made in the Order is the vent evasion of conveyance duty. The substitution of the word "Governor" agreement pays the same ati valorem duty' for the word "Treasury in two places. as a convoyance, and the subsequent con- 2

I move the first rending.

veyance pays nothing. If the agreement The COLONIAL SECRETARY seconded, and

is rescinded, the duty is returnable. The the motion was agreed to.

heading does not apply to agreements for the sale of goods, vessels, or immovable property situate out of the Colony.

Hon, Mr. T. L. PERKINS (Director of

Public Work).

Hon. Mr. II. E. POLLOCK, K.C. Hon. Sir. L. CNC-PAR.

Hon. Mr. P. H. HULYOAK.

Hon. Mr. Ho Fook.

Hon. Mr. H. W. BARD.

Hou. Mr. A. G. STEPHLY.

Mr. S. B. B. McELDBRRY (Clerk of a position to answer without antice of

Councils)..

these questions.

THE MINUTES.

The minutes of the last meeting of the Council were approved and signed by the President.

NUDGESTED REMOVAL OF THE DAIRY FARM.

The Hon. Mr. II. W BIRD gave notice of his intention to ask the following question at the next meeting of the Council:

"In view of the fact that the housing * problem is still acute" and that the Dairy

Farm Co. hold some 210 acres of highly suitable and accessible building land on the cool side of the Island, will the Government take preliminary step, to develop some spot on the mainland, such as the slopes of the Shatin Valley, with a view to the ultimate removal of that Company's sheds and cattle to auch spot and the resumption of the land at pre-

sent in its possession!?

FINANCE.

+

The Director" OF PUBLIC WORKS: Last

week I saw at Magazine Gap & Dennis Car which has a carrying capacity of tons. It was not loaded,, but it was quite capable of taking two tons or rather more. The weight of the car was 2 toas 15 cwt., and its total loaded weight 4 tons 16 cwt. This lorry was taken unloaded over the Wanchai Gap Road which has a gradient of 1 in 20, in 15 minutes, at an average speed of ten miles per hour. The

#1

THE STAMP DUTIES.

NEW

CLD DUTIES INCREASED AND NEW DUTIES PROPOSED.

The ATTORNEY-GENERAL Moved the first reading of a Bill intituled an Ordinance to amend the law relating to stamp duty,

9.-Clause 16, which relates to late stamping by special leave, gives to the Collector some powers at present passes- satd only by the Governor-in-Council. It is thought that this will conduce to greater convenience and despatch, nau any person aggrieved will be able to appeal to the Governor in Council.

APRIL-THE WITNESS FOR THE DEFENCE”

MR. PIM PASSES BY"

17

THE MERCHANT OF VENICE" A BUTTERFLY ON THE WHEEL A MARRIAGE OF CONVENIENCE THE SPECKLED BAND ”

Prices $4, $2 & $1.

Booking at Moutrie's. Plans now open.

GREAT GALA

(778

PERFORMANCE

AT..

ST. ANDREW'S HALLTM

On Friday, April 15th, at 5.30 p.m. Given by

MR. PAOLI (Tenor) -

of the French Opera House

and

MME. DONZELLA (Soprano Lyrique)

Assisted by

PROFESSOR DANENBERG.

·Prices 83,-82 & 81.,

Tickets obtainable at MOUTRIE'S.

[782-

11.-Clause 23, which deals with certi- ficates to practise, introduces & form of taxation new to the Colony. The only precedent known is the annual certificate

cited in notarice public. The fee LAST TOURNAMENT OF THE SEASON. required in the United Kingdom from

HONGKONG BOXING ASSOCIATION.

Under the

rate at present paid to contractors for material carried to the Peak totals $7.92 cents per tón. The total overhaul costs of - takir material delivered af Mount Kellet with one of these ́ears allowing the fallest value to every con- ceivable item would be 81.71 per ton at against $7.32 at present paid. cations have been received for building lots, and other tentative applications have (b) to facilitate the collection of those Ordinance a period of one month from

there varies from £3 to £9. close in the bill the certificates must be taken out before beginning to practice, to the Bill state

The "Objects and Reasons" attached, in the general case, they should be taken out in December for the following. year. A temporary regulation will, how ever, be made allowing to persons in

Applt.

been made asking when the road will be

completed.

1

I.The objects of this Bill are (a) to increase the revenue from stamp duties,

duties and prevent evasion, and (c) to correct various defects in the present law which have long been known to exist. The need for additional revenue is I urgent

The COLONIAL SECRETARY, by command of H.E. the Officer Administering the Government, laid on the table Financial minuta, Nos. 15 to 29 and moved that they be referral to the Finance Com- mittee.

The COLONIAL TREASURER seconded, and Asiatic Petroleum Company. the motion was agreed to.

The Hon. Mr. POLLOCK inquired what "pplications.

The COLONIAL SECRETARY, by command of B.E. the Officer Administering the Government, laid on the table Financial Report of the Finance Committee (No. 3) and moved that it be adopted.

The Dinicron or PUBLIC Wouks: have only one at present actually under consideration and that is from the

practice at the commencement of the

that date to take out their certificates for

1921:

12.-Ulaufe 2 introduces another en- tirely new duty, that on exchange con 2.-The Bull is based as far as possible in transactions that pay bill of exchange tracta. Exchange contracts which result on the United Kingdom. Stamp Acts, references to which appear in the mar or telegraphic transfer duty will not pay ginal notes throughout. There is, how exchange contract duty. The rate of duty is the same as that on bills of exchange The ATTORNEY-GENERAL moved the first Acte and this Bill. In the United on every $500.

ever, one great difference between the and telegraphic transfers, 6., 10 cents. reading of a Bill intituled an Ordinance Kingdom, speaking generally and sub-13. The share contract duty introduced to provide for the transference of project to certain clear exceptions, the by clause 27 is now in Hongkong, but it perty, rights and powers to successive payment of stamp duty is voluntary exists in the United Kingdom. The scale holders of the office of Custodian of In other words, it is no offence cot to in the United Kingdom advances by.

THE CUSTODIAN. ORDINANCE.

The COLONIAL TREASURER seconded, and Enemy Property: the motion was agreed to.

THE PEAK MOTOR ROAD. The Hon. Mr. H. E. POLLOCK, K.O., in accordance with notice previously given, asked the following qucations:

1-In view of the fact that additional taxation is being imposed on all the in- habitants of the Colony in an unsuccess ful endeavour to balance the Budget for the current year, 1921, will the Govern ment take a referendum ef Magazine Gap and Peak Residents with a view to ascertain whether it is the wish of the majority of such residents that a motor rood should be made from Magazine Gap, to the Peak if, not, why noti

9. What is the estimated cost of making such motor road, and when was wach estimate obtained I

The "Objects and Reasons" attached to the Bill state:-"The object of this Bill is to make it clear that property, rights and powers vested in, or conferred upon, any holder of the office of Custodian pass to his successors in office. This is important for the purpose of dealing with the legal estate, particularly in the cass of leasehold property."

Collector can sue for the duty, and it is also a criminal offence not to stamp. The position under the cristing Ordinance is

thirteen steps, from 8d on £100 to £1 on amounts over £20,000. The scale in the Schedula to the bill is 82 for all amounts up to $10,000, and $3 for all amounts above that igure.

stamp an instrument, and the Crown cannot sue for the duty. The only sanc tion is that if the instrument ever has to be given in evidence in civil pro- ceedings it is not admitted until the duty, and a small penalty, have been paid. In 14-Tha telegraphic transfer duty the bill the payment of stamp duty is introduced by clause 28 is now, but there made compulsory in every case except seems to be no valid reason why remit four, e attested copies, duplicates; escape duty while remittances by bill of tances by telegraphic transfer should agreements of service with a corporate exchange pay. The rate is the same as This bill, sir, is merely to provide that body, and agreements under hand (other the bill of exchange and exchange còn- when property is vested in the Custodian than agreements for the sale of goods and tract rate, ie, 10 cents for every 3500. it will pass to any succeeding Custodian, other property, the stamping of which is with the problem of blank transfers, ie, 18-Clause is an attempt to deal

There have been a great number of made compulsory). In other words the transfers of shares executed by the re- changes in the office of Custodian, and,

gistered owner in which the name of the transferco is left blank. These transfers as the Custodian is not a corporation

pase to successive purchasers before being sole; property vested in one Custodian

finally completed and registered and thus many transfers escape paying duty. The question of making all blank transfers legal was considered but it was thought that such prohibition would interfere been found to be useful and conveniant. unduly with a common practice which has

Blank transfers are therefore not made illegal, but an inducement to prompt registration of transfers" is offered," or, perhaps it should be said, a penally is placed on late registrations, The scale of penalties is given in Heading No. 41 (2) in the Schedule. No lato registration penalty is incurred if the transfer is registered within one month after oxocu- tion by the transferor. If must, however,

overlooked to duty is on an additional safeguard against evasion, and that every transfer. of phares must in any event pay the sharo transfer duty. It should be noted that in future all transfors of shares mast contain the true dato of execution by the transforor, and that no transfera must be nccepted unless they either (a) contain the date of execution by the transforor

refers only to sharps on rezistora kept in or (6) aro duly stamped. This clause the Colony

is not passed to another without an not clear: it is arguable that stamping assignment or special vesting order. It is compulsory, but the current opinion is inconvenient that one should have to is that except in certain special cases, follow every piece of property in that stamping is voluntary as in the United way, and divest and re-vest on changes Kingdom. in the holder of the office. This bill will have the effect of passing any such pro porty to each successive holder of the office.

The COLONIAL SECRETARY replied- 1.-The Government is not prepared to take such a referendum ás la suggested; becatee the construction of the road has been approved by the Legislative Council. The road will be of the greatest value not only as a means of access to all The COLONIAL SECRETARY: I beg to parts of the Peak eventually by motor second the motion. vehicles but also" it will reduce the cost of carriage of road and building mate. rials to at least one half the present price. It may also have the desirable result of lessening considerably the employment of women and children in carrying burdens to the Hill district. The now alignment of the road will make it possible to construct branch roads con- the Treaty of Pence (amendment) Order, (Heading No. 16 and clause 22)...................... soting other portions of the Hill dis: 1920, and by the Trenty of Penco (ninend- 4-Sections 10, 41, 42, 43 and 44 are trict with the lower levels. I may add mont) (No. 9) Order, 1990, for the pur- that applications for building sites on pose of adapting the provisions of the also peculiar to the bill, They are at the portion of road in question are being Order to the circumstances of the Colony Rempts to facilitate collection and to received t

of Hongkong..

proreat evasion.mp

3. Certain duties imposed by the bill uro entirely new, ie, the duties on agreements for the sale of goods. (Head ing No. 4), on exchange contracts (Heade ing No. 29 and clause 23), and on telo graphic transfers (Kcading No. 43 and clause 28), and the late registration duty referred to in Heading No. 41 (9) and sinuse 20. Others are new to the Colony, The ATTORNEY-GENERAL moved the first it, the duties on share contract notes ronding of a Bill intituled an Ordinance imposed by Heading No. 41 (6) and to modify certain provisions of the Trosty clause 27, and on sertificates to practise of Peace Order, 1919, as amended by

The first reading was agreed to.

TREATY OF PEACE (AMENDMENT) (NO. 2)

ORDER 100

← (Continued on page 4)------

SATURDAY, 16th April,

nt

THE MING YUEN GARDENS

at 9 pm.

MAIN EVENT

15-Round Contest for the Heavy Weight Championship of the Colony and the Hongkong Exchange Brokers Association Belt.

Pte, WILKINS, RM.L.I. (Heavyweight champion of the -China Squadron 1920.) -

Also Five Six-Round Contests, Special Trams will be ran

A. B. EVANS,

H.M.S. Harkins,

(Challenger).

BOOKING at MOUTRIE'S. Members (on production of Current Membership Carda), THURSDAY, 14th to SATURDAY, 16th General Public,

Prices 85 and 83 riserved and 81 unreserved, which can also be bought at MOUTH'S on above dates.

強

APPOINTMENT

Apollinaris

NATURAL MINERAL WATER.

NOW AGAIN OBTAINABLE

Since its foundation in 1872, the Apollinaris business has always been BRITISH-OWNED.

THE APOLLINARIS 00., LTD.

Obtainable at:

THE HONGKONG HOTEL THE REPULSE BAY HOTEL and all leadlog Clubs & Stores.

Sold by:

766

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