1921-04-29 — Page 3

HONGKONG LEGISLATIVE

-COUNCIL.

THE STAMP ORDINANCE.

THỂ HONGKONG DAILY PRESS, FRIDAY, APRIL

BILLS OF LADINGU-

Heading 13, relating to Bills of Lading, On the motion of the ATTORNEY-GENERAL, the duty was amended by substituting #3 for. 3 in the two places in which it occurred.

meeting must contain the date of the meeting. It was foared, that from the wording of the clause, it might pos- ribly be held that there was no power, any longer, to give a general power of A meeting of the Hongkong Legislative attorney and in order to clear up that Council was held in the Council Chamber,question this word was proposed to be

There were pre-inserted. yesterday afternoon.

The clause as amended was approved, H EXCENCY THE OFFICER ADMINIS · LIABILITY OF. CONFORATE BODIES AND FIRMM,

THE GOVERNMENT (Hon. Mr. TEKING

With reference to Clause 41, which bud CLAUD SEVERN, C.M.G.). HIS BACALLENET THE GENERAL OFFICER be held over for re-drafting the Heading 17, re-numbered. 16-relating

TROOPS (Major ATTORNEY-GENERAL Proposed that it should COMMANDING THE General Sir. Q. M. KIRKPATRICK, read as follows : K.C... E.C.S.L.),

Hent:-

IN

Hout. Mr. E. D. C. Woure (Colonial)

Secretary).

ti

MESSER, O.B.E.

Hon. Mr. J. H. Kar, K.C., C.B.E,

(Attorney-General). Hon. Mr. C. Met.

(Colonial Treasurer). Hon. Mr. E. A. IRVING (Director of

Education).

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

Chinese Affairs).

2

Hon. Mr. T. L PERKINS (Director of

Public Worka).

Han. Mr. H. E. POLLOCK. K.C.

Hou. Mr. Let Cu-PAK.

Hon. Mr. A. O. LANG,"

Hon. Mr. Chow, Sui-Ki

Mr. S. B. B. MCELERY (Clerk of

Councils.

AUSENT

Hon. Mr. H. W, BIRD Hon. Mr. A. C. STEVÁLA.

NEW MEMBER.

Mr. Chow Sui-ki took the oath and his avat as a member of the Council during the temporary absence of the Hon. Mr. Ho Fook.

MINUTES.

The minutes of the meeting held on April 93th were approved and signed by the President.

PAPERS.

1

The COLONIAL SECRETARY, by command of H.E. the Offeer Administering the Governmen, laid on the table the Report of the Superintendent of Imports. and Exports for the year 1520,- "..

FINANCE

The COLONIAL SECRETARY, by command of .E. the Officer Administering the

Government, laid on the table the report of the Finance Committee, No. 5, and anored that it be adopted.

The COLONIAL TREASCHEN seconded, and it was agreed to.

THE STAMP ORDINANCE. The ATTORNEY-GENERAL INGved that the Council go into Committee to consider the causes of the Stamp Bill which were left over from the Jast meeting.

The COLONIAL TREASURER seconded, and the motion was approved.

In Committee, many verbal amend ments were made, sou clauses postponed for that purpose from the last meeting chuses were re-numbered, and conse quential alterations made in the Schedule. On clause # sub-ulnuse 18, an amend ment was approved to make the defini

adopted.

Lion of marketable security" the same as in the present Ordinance. In aub-clause, an amendment suggested by the Stockbrokers' Association was in sub-clause 22, an amend ment was approved making it clear that "person" includes a firm.

Clause b, which had been left over for redrafting, was now adopted in two sections dealing with civil liability And ariminal liability separately.

Clause 6, which had also drafted, was also approved.

(1) Where any obligation or liability is under the provisions of this Ordinance imposed upon a corporate body, and such obligation or liability

not discharged, every

in

manager, secretary, and other offers

ance.

Heading 16, re-numbered 14-relating to Charter Party. The duty was amend ed to 13 cents for every $100, instead of

CONVEYANCE ON SUë.

125 cents,

THE ALLEGED FORGED RECEIPT.

DEFENDANT SECURES. A MAJORITY VERDICT.

THE JUDGE'S SUMMING UP.

The case in which Shum Lai Sang. managing partner of the Kowloon Storea, was. ¡ddicted for forging and uttering receipt, and attempting thereby to obtain money by false pretences from to conveyance on sale. The duty was J. H. van Gennep Luhrs, managing- amended by substituting $20,000 for director of the Holland Pacific Trading 830,000, in, bath places in which it occurs Co., Ltd.. was concluded at the Criminal. Sessions, before Mr. H. H. J. Gompertz. in the schedule” b

yesterday morning.

44

Hending re-numbered 20, relating director, to exchange contracts, was amended to agree with the new clause relating to of the corporate body, who is wilfully a party to the default, and the said exchange contract cancellation note. corporate oody, shall be deemed to Heading, re-numbered 91(re- commit an offence against this Ordin-Inting to duty in fore-closure order) was Amended so that the stamp duty of 30 (2) Where any obligation or liability is under the provisions of this Ordin cents for every $100 will apply to the ante imposed upon a firm, and such value of property not exceeding $20,000 obligation or liability is not discharged instead of $3,000, and making the duty every partner in the said firm, and every servant of the said firm, who is $1 for every $100 where the value of the wilfully a party to the default, and the property exceeds $20,000, instead of person appearing to have the manage: 83,000. ment of the said firm within the Colony, i shall be deemed to commit an offence | Against this Ordinance.

$

THE DUTY ON LEASES.

Mr. Dyer Ball appeared for the Crown and Mr. F. C. Jeukin, instructed by Mr. A. H. Crew, of Messrs. Hastings and Hastings, for the defendunt,

In beginning, his summing-up, the Acting Chief Justice told the jury that if they thought the prisoner filled up, dis. honestly. blank (oims with the words pur- porting to be a receipt they might us well, without considering the legal aspects of each charge, find him “guilty” on all three counts of the indictment; if on the other hand, they were not "not On Head, re-numbered 24-the satisfied, they would find him The general idea of the two clauses (he ATTORNEY-GENERAL noved a new sub- guilty" on all three counts. If they felt said) was to make the company in the heading, No. 2, providing that where the there was reasonable doubt of guilt, the one case, and the manager in the other, lease, il granted in consideration of a defendant was entitled to an acquittal

The case for the prosecution was that liable to see that lie documents are duty rent, is for any term unt exceeding one stamped, but neither a director, officer year, a stamp duty of 50 cents will be this money was not and could not have or servant shink be liable unless he is payable in respect of every $100 or part been paid because it could not be traced knowingly and wilfully: a party to the thereof, of the rent for one year; and where the lease is for any term exceeding one year, 81 for every $100 or part there of, of the rent for one year.

evasion of the law.

17

The clause, as redrafted, was approved, Clause was verbally amended and approved.

The ATTORNEY-GENERAL introduced a

new clause, No, dã, to provide that the Ordinance shall come into operation on the 1st of May, 103. He said he under stood the intention was to take the third reading of the Bill on Saturday, it a formal meeting of the Council, and the Bill would be gazetted in a Guzette Extra- ordinary.

The Hon. Mr. POLLOCK: 1 suppose, Mr. Attorney, there is no objection to the Bill coming into force on a Sunday!

The ATTORNEY-GENERAL, Baid he did not think so.

H18. EXCELLENCY ! Make it Alunday, the 2nd day of May.

This was agreed to?

THE SCHEDULE...

Heading No. 1. Adjudication fee (to) be paid on the requisition or other up- plication for adjudication). - "The ATTORNEY-GENERAL said that a re- presentation had been made by the Chinese Chamber of Commerce that the fee of $10 was too high and he moved that be reduced to 85.

HIS. EXCELLENCY (to Mr. Lau Chu-pak); Will you second that?"

The Hott. Mr. LA Cur PAX I think

His

The Hon. Mr. POLLOCK: I think it would be more equitable to double the present duty of 10 cents for every $100 and on 30 years on more 50 cents for every $100. It is a big increase on a one year's lease, from 10 to 30 cents, and on

3 years', of 23 cents to 81,

The Hon. Mr. LAU CHU-PAK: I agree with Mr. Pollock think it is too

much.

The ATTORNEY-GENERAL pointed out that 50 cents on a lease valued at $123 dollare | a manth would mean only 87.50 a year.

HIS EXCELLENCY: At present, it is only $1.50..

The Hon. Mr. LAV CHe-r: It would be a burden on the lesser.

The COLONIAL TREASURED: It is a small burden compared with the rent.

Tho COLUNIAL SECRETARY: The duty in the past has been very light.

HIS EXCELLENCY: Who pays the land

lord or the tenant 1

in any account kept by the complainant. He had readily produced his accounts, and, apparently, the other side had not. been able to detect in them any weak point which threw doubt on that asser tion. The second point was that he was not in financial strats. The complainant bad told the Court that he got all his typewriter supplies from Messrs Ramsey & Co..und a trember of that. firm bad said that they never supplied a violet receipt was typed. ribbon, with which, undoubtedly, the

The Judge sumnied-up the peculiarities in the receipt forms which led the prose cution to submit that it was a fraudulent document, and re-called the incident of handing the defendant contract forms signed in blank, which it was suggested had been trimmed down for the purpose: of committing a forgery.

There was one point made quite strongly against the complainant (con- tinued Ilis Honour) and that was his Of course, demeanour is demeanour. very important and counsel is entitled to call attention to anything in the de menpour of witnesses for the other side. Mr. Jenkin points out to you that Mr. Luhrs, although he disclaimed being the The COLONIAL SECRETARY: The tenant, prosecutor, has taken notes and frequent- The Hon. Mr. LANG: Tho lesa, we inly approached the counsel for the prose crense rents the better: keep them down, cution. He also suggests that Mr. Luhrs' demeanour in the witness-box was bad. The COLONIAL SECRETARY: In some cases, and that he pretended not to understand understand, the tenant pays half, and things. As to that, it was fairly replied the landlord pays half. In some cases by Mr. Dyer Ball, that Mr. Lubre is not the tenant pays the lot; I don't think speaking his own language; he is n there is any case where the landlord pays the lot.

rather.

....

HIS EXCELLENCY: You might make it 25 cents up to one year, 50 cents up to

English quite well for ordinary business foreigner, and although he may know purposes, he may find some difficulty in expressing himself in cross-examination. it is stul too high. Every time a Chinese three years, and then the dollar, Would And you have to remember this, too. that this is much more than the ordinary goes to the Stamp Ofice and asks for 5. that meet the objection? document to be stamped he has to pay t

The amendment suggested by His Ex-case in which a complainant comes for EXCELLENCY: I understand the celliney was agreed to

ward. The complainant himself is, in a Amentiments were made in the word sense, upon trial. He is a merchant of collector is always ready to help in a case of that kind. Where any formal ing of Heading 30, re-numbered 29. The this Colony, a member of the Chamber adjudication is applied for hen be bas effect was to make collateral securities of Commerce, and if the story of the to pay. Where vo formal adjudication is subject to a duty of 10 cents instead of defendant is true, then the complainant lied for there is no charge whatever. 20 cents and extensions of time of has not only committed perjury all along The SECRETARY FOR CHINESE APPAIRS original mortgage, and transfers of the line, but he has received, and is now said it was only in a case of a dispute mortgage, also, 10 cents on every $100. fraudulently retaining, and trying to that adjudication was applied for. Chinese who asked for an opinion were insurance, Wad, revised, one of the altern. I think, may tend to make a man enger Heading 34, re-numbered 33-(Policy of deprive the defendant of $5,000. That, 'always' given it. On adjudication one tions being to make the duty on re-insur. and nervous.

Continuing, the Judge said that the paid, but not for merely asking advice..

The Hon. Mr. Lat URU-PAK: In that age the same as on a direct policy.

Heading 41, re-numbered, 40-relating jury must also consider whether they to shares. The duty was altered from 60- felt that the complainant, in coming into Case, I withdraw my objection.

centa for every $100 to 20 cents, payable the box in a criminal case without having before execution.

The heading, as amended, was a proved.

Heading No. 5, relating "to" agree ment for the sale of property omitted and subsequent headings were,

was re-numbered accordingly.

** LETTERS OF CREDIT.

made himself fully conversant with 'his

In Heading 42, re-numbered 41, (ship books of account, had left the issue in 33 to 85, in the two instances in which of acquittal. pers' books), the duty was changed from such doubt that the verdict must be one the figure occurred.

The ATTORNEY-GENERAL explained that

Coming to the defendant's case, the the stamp duty in a civil debt to the

On Heading 43, re-numbered 42-(tele Judge said that as to the main issue this depended upon a denial of the case for collector, but, as this clause was ori

Heading No. 12, re-numbered 30, relat. graphic transfer advice).

The Hon. Mr. Lau CHU-FAK moved that the prosecation and the jury must decide ginally drafted the collector could nevering to-Bills of Exchange...

the duty be reduced from 10 cents to which version they believed. They were have established his claim because he amendment to sub-clause 4 exempting & cents for every $100. He considered also entitled to consider the defendant's demeanour in Court and in the witness could not reduce the unstampel doen-letters of credit granted in the Colany cents would be more reasonable.

The Hon. Mr. CHOW SUKET Seconded.

bax Enless the jury found in Mr. H15 EXCELLENCY: The Government Luhrs' attitude, in the matter of the

to pay the duty.

Clause 6 was approved as it had been amended by the Attorney-General.

Clause 16, sub-clause 3, wia. amended to extend the right of appeal to the Governor-in-Council on any poing decid. ed by the Collector.

The ATTORNEY-GENERAL moved

an

and drawn out of the, Colony." He said:

The

personal transactions with the defendant After a retirement of about half-an- apart from the Kowloon Stores or not. hour, the jury returned. The foreman said that, by majority of six to one. they found the prisoner not guilty." He was accordingly discharged.

Mr. Jenkin applied for the receipt form and this was relinquished by the prosecu tion.

ment which was the only proof of failure it has been suggested to me that this have considered the point brought for accounts, something sinister, he thought]

does not act quite fairly.. I would point: out that if it is found not to cover what ward for exemption up to $10,000, but, they might treat as a subsidiary issue acting. on advice which they felt was the difference before the prosecution and it is intended to cover, exemption can sound, they. consider that the tax is not the defence' as to whether there were be made by Regulation at any lime.;

The Hon. Mr. Lau CHU-PÁK?

one that will cause any burdship nor, Chinese want to know if letters of credit one would suppose, cause any such busi include private letters authorising people ess to be transacted out of the Colony on the mainland to pay sums of money to any great extent. Therefore, I am people in the country-private individ. unable to accept the amendment (To the On Clause 17, relating to instrumenta uals or firms suppose I write to Canton Hon. Mr. Lau Chu-pak): Do you wish

for a divizion asking a firm or private individual to executed out of the Colony, the Arronsex pay a certain sum of money to a friend The Hon. Mr. LAU CHU-PAR: I do not GENERAL said, it had been pointed out in or a member of my family, do you call think it will be any good.

HIB EXCELLENCY: Heading 43, re more than one quartor that the clause tant a letter of credit?

numbered 42, stands part of the Schedule. Heading 40, re-numbered 40-relating innot to voluntary disposition inter vivos of property, was amended by substituting $10,000 for $5,000,-- ade

might have too wido an application, and

it had been re-drafted to make it practi cally the same as in the present Ordia-

PROILES

** Thỏ' Arcosxey – GEREHAL? imagine that is not a letter of clit bat a mere request. I am afraid, give a defnition off-hand.

·HIB EXCELLENCY: Payment

"The Ilon. "Mr. Lau. Citu-PAKI rather confusing.

AL

Di

A scasational report was recalitly culated by a Lisbon correspondent, to the effect that war was imminent between. China and Portugal. Strained relations which had been the law for the past - here, t

On the motion of the Hon. Mr, between these two countrion had bezu ance,

POLLOCK, the Attorney General was caused by China's refusal to permit the 20 years.

authorised to make any amendments, Partuguese to construct an officient har Clause 23 had also been redfalted and The Hon. Mr. POLLOCK

consequential on the re-numbering bour ut Maeno. The correspondent went way now approved.

credit is usually issued through a a

The Council then resumed

on to say that Britain was supporting HIS EXCELLENCY: A number of BILL TO E LE PRINTED.

China on this question as Britain feared that the harbour at Macao would prove- deposit money locally and usually at HIS EXCELLENCY In view of the large dangerous competitor to Haugkong. money is paid out in other places.is number of amendments, the Government The Kritish Government brought this usual to send one letter with the no es feel it will be convenient to have the report to the attention of the Portuguese and amount Where name and unt nt Bill re-printed as quickly as possible and Government and the latter issued an is catered, I think it should come ut er it is hoped that hon, members may have emphatte denial which completely remov letter of credit. An

the Bill, with all-amendmente-printed, ed the misapprehension created by the *** The Artonner Gesetak anggented hat by

by to-narrow evening, or, at any rate report. The report was telographed to the sub-head, na drafted be approzed and frat thing on Baluzhy I propose to Rio de Janeiro, among other places --- thetops-appropriate exemption could be adjourn the Council till Saturday, acon. Which only shows, as...contemporary Ingsa as amended is intended to | made by Regulation – Emmage an api akania when the third-reading-of the-El Will Tenɑike; how aDilous, some penpio "uro do that any proxy to re

This was agreed to, ------

to Porotolle way somewhors or other.

The ATTORNEY-GENERAL moved that clauso 23, relting to proxies, be re-com- mitted. This was agreed to and it was then amended by inserting the word ainglo." before the word meeting. AGENCY-GEN explained-

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