608882-1928-Supplementary-Draft-Bill--Distress-for-Rent-Amendment — Page 1

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LEGISLATIVE COUNCIL.

Draft Bill.

No. S. 144. The following bill, which it is proposed to introduce at the next meeting of the Legislative Council, is published for general information.

C.S.O. 3906/28.

[No. 11-26.4.28.—1].

A BILL

INTITULED

Short title.

Amendment

of Ordinance No. 1 of 1883, s. 15.

Amendment

of Ordinance

No. 1 of 1883, s. 16.

Amendment

of Ordinance

No. 1 of

1883,

insertion of

new section

10.

An Ordinance to amend the Distress for Rent

Ordinance, 1883.

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 Distress for Rent Amendment Ordinance, 1928.

2. Section 15 of the Distress for Rent Ordinance, 1883, is amended by the insertion of the words "or firm " immediately after the word "person"

"" in the fourth line thereof.

3. Paragraph (7) of section 16 of the Distress for Reut Ordinance, 1883, is repealed and the following paragraph

is substituted therefor :-

(7) Goods delivered to a person or firm exercising a public trade, to be carried, wrought, worked up, or managed in the way of the trade or employ of such person or firm.

4. The Distress for Rent Ordinance, 1883, is amended by the insertion of the following section immediately after section 39 :--

Application 40. The provisions of this Ordinance shall of Ordinance. extend to New Kowloon, notwithstanding any- Ordinance

thing to the contrary contained in the New No. 34 of

Territories Regulation Ordinance, 1910. 1910.

Objects and Reasons.

"

1. The power of seizure given by the Distress for Rent Ordinance. 1883, is a power to seize movable property found in the apparent position of the " person from whom the rent is claimed The ferm

"person does not include a firm, and it is therefore not possible to issue a distress warrant against a firm in the firm name. This is inconvenient because premises are often let to firms and the landlords frequently do not know the names of the partners. Section 2 of this Ordinance therefore amends section 15 of the principal Ordinance so as to enable a distress warrant to be issued to seize the goods of a firm. Section 3 of this Ordinance makes a consequential amend- ment in section 16 of the principal Ordinance.

2. Section 24 of the Now Territories Regulation Ordi- nance, 1910, provides that except by way of appeal no proceeding relating to land in the New Territories shall be commenced in the Supreme Court unless the Crown is