41105-1915-Legislative-Council-Minutes-No-10 — Page 3

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THE HONGKONG GOVERNMENT GAZETTE, JUNE 25, 1915.

for inter-

Section 19 was deleted and the following section substituted therefor:---

“19.-(1.) If any person in any way administer any part of an estate Penalties

of a deceased person in respect of which estate duty is charge- meddling. able or of the income of any part of such estate without deliver- 55 Geo. 3 ing an affidavit for the Commissioner or an account (as the case c. 184, s. 37 : may be) within six months after the decease or within two 57 & 58 Vict. months after the termination of any action or proceeding (4): respecting the will or the right to letters of administration, if Ord. No. 16 there be any such which is not ended within four months after of 1901, s. 27. such decease, every such person shall forfeit the sum of $1,000, and shall also be liable to pay three times the amount of estate duty chargeable upon the estate of the deceased.

(2.) If any person, except for the purpose of the burial of the decease and for the due maintenance of his family, take possession of or in any way administer any part of the estate of a deceased person without having first notified the Commissioner of the death of the deceased and of the extent of his estate so far as such person is aware of the same, every such person shall forfeit the sum of $1,000.

(3.) Each of the said sums of $1,000 referred to in sub-sections (1) and (2) of this section shall be deemed to be a debt due to the Crown and shall be recoverable in the same way as Crown rents may

be recovered.

(4.) Nothing in the section shall be deemed to interfere with any special powers conferred by law upon any person to act without obtaining probate or letters of administration."

Mr. HEWETT moved that section 20 be deleted.

Mr. POLLOCK seconded.

c. 30, s. 8 (1),

On the motion being put to the vote it was declared lost, seven members voting against and six-Mr. LAU CHO PAK, Mr. LANDALE, Mr. SHELLIM, Mr. HEWETT, MT. POLLOCK and Mr. WEI YUK-for the motion.

Mr. POLLOCK moved that the words "exceeding with the profits or income thereof $2,000 in value" be inserted after the words "any interest," in the second line of sub-section (1) of section 20, and that the words "as partner" be substituted for the words "whether as partner, depositor or creditor" in the second and third lines, and that the words "six months" be substituted for the words one month" in the ninth and tenth lines, and that the last sub-section of the section be deleted.

Mr. HEWETT seconded.

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On the amendment being put to the vote it was declared lost, seven members voting against and six-Mr. LAU CHU PAK, Mr. LANDALE, Mr. SHELLIM, Mr. HEWETT, Mr. POLLOCK and Mr. WEI YUK--for the amendment.

On the motion of the Attorney General the following amendments were agreed to:- In sub-section (1) of section 20, all the words from the words "the owner" in the fourteenth line to the end of the sub-section were deleted and the words "the sum of $500 shall be recoverable from the owner or owners of the said shop, bank or other business" substituted therefor.

The following sub-sections numbered (2) and (3) were inserted after sub-section (1): ---

“(2.) The said sum of $500 shall be deemed to be a debt due to the Crown and shall be recoverable in the same way as Crown rents may be recovered.

(3.) Where the said shop, bank or other business is carried on in a firm name the said sum of $500 shall also be deemed to be a debt due from the firm and may be recovered in an action against the firm in the said firm name.”