576431-1938-Supplementary-Bills-read-a-first-time---1937-Supplementary-Appropriation--Merchandise-Marks-Amendment--Bankruptey-Amendment--Dentistry-Amendment--Registration-of-Persons-Amendment — Page 3

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A BILL

[No. 8-23.6.38.-2.]

Short title.

Amendment of Ordinance No. 10 of 1931, s. 75 (2).

Commence- ment.

INTITULED

An Ordinance to amend the Bankruptcy Ordinance, 1931.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the Bankruptcy Amendment Ordinance, 1938.

2. Section 75 of the Bankruptcy Ordinance, 1931, is amended by the repeal of sub-section (2) thereof and the substitution of the following sub-section therefor :-

(2) No person shall be appointed Official Receiver or Deputy Official Receiver unless at the date of such appointment he is a barrister, advocate, solicitor or proctor or a member of the Colonial Legal Service or has successfully passed the examinations required before admission of barrister, advocate, solicitor, law agent or proctor.

3. This Ordinance shall be deemed to have had effect as from the 25th day of May, 1938.

Objects and Reasons.

1. Clause 2 of this Bill amends the principal Ordinance, No. 10 of 1931, by substituting for sub-section 2 of section 75 thereof a new sub-section corresponding to section 2 of the Crown Solicitors Ordinance, 1912, as enacted by section 2 of Ordinance No. 31 of 1935, but omitting the words "law agent", rendered unnecessary by the Solicitors (Scotland) Act,

1933, (23 and 24 Geo. 5, c. 21).

2. Under old sub-section (2) only barristers or solicitors are eligible for appointment as Official Receiver. By this amendment the appointment may be held by a person who is or who has successfully passed the qualifying examinations for admission as a barrister, advocate, solicitor or proctor, or by a member of the Colonial Legal Service.

3. It was necessary to appoint the Official Receiver to act as from 25th May, 1938, in another legal post during the temporary absence of the holder of that post, and to appoint to carry out the duties of Official Receiver another member of the Colonial Legal Service who was formerly a solicitor but who has relinquished that qualification in order to be called to the Bar.

4. For the reasons given in the preceding paragraph the operation of this Ordinance is expressed to take effect from 25th May, 1938.

J. A. FRASER,

Attorney General.

June, 1938.

}