63902-1919-Supplementary-Bills-read-a-first-time-- — Page 7

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A BILL

Short title.

Date of ter- mination of the present

war.

Date of ter- mination of

INTITULED

An Ordinance to make provision for determin- ing the date of the termination of the present war, and for purposes connected therewith.

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Termination of the Present War (Definition) Ordinance, 1919.

2. For the purposes of any provision in any Ordi- nance, Proclamation, or Order issued by the Governor or by the Governor in Council and of any provision in any Act of Parliament, Proclamation, or Order issued by His Majesty the King in Council, extending to this Colony, and, except where the context otherwise requires, of any provision in any contract, deed, or other instru- ment referring, expressly or impliedly, and in what- ever form of words, to the present war or the present hostilities, the present war shall be treated as having continued to, and as having ended on, the date which His Majesty by Order in Council declares under the Termination of the Present War (Definition) Act, 1918, to be the date to be treated as the date of the termination of the present war:

Provided that in the case of any such Ordinance, Pro- clamation, or Order issued by the Governor, conferring powers on any Government Department, or any Public officer, exerciseable during the continuance of the present war, if it appears to the Governor that it is expedient that the powers shall cease before the date so fixed as aforesaid, the Governor in Council may fix some earlier date for the termination of those powers.

3. The date, which is to be treated as the date of the termination of war between His Majesty and any war with any particular State, shall be such date as His Majesty may by Order in Council declare under the Termination of the Present War (Definition) Act, 1918.

particular

State.

Objects and Reasons.

The object of this bill is to make provision with reference to the fixing of the date of the Termination of the Present War both generally and as between His Majesty and any particular State and in accordance, with the Home Act, 8 & 9 Geo. 5, ch. 59, it is enacted that such date shall be the same date as is declared by His Majesty by Order in Council ander that Home Act. At the same time, however, an exception is made (as in section 1 of the Home Act) in the following case, namely

Where the context otherwise requires of any provision in any contract, deed, or other instrument referring expressly or impliedly, and in whatever form of words, to the present war, or the present hostilities".

There is also a proviso (based on the proviso in section 1 of the Home Act) to the effect that "in the case of any Ordinance, Proclamation, or Order issued by the Gover- nor, conferring powers on any Government Department or on any Public officer exerciseable during the con- tinuance of the present war, if it appears to the Governor that it is expedient that the powers shall cease before the date so fixed as aforesaid, the Governor in Council may fix some earlier date for the termination of those powers."

16th April, 1919.

H. E. POLLOCK,

Attorney General.