358 THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 9, 1921.
On the motion of the Attorney General it was agreed to delete the words "by a willing seller" in the tenth line of section 2.
in the tenth line of section 2. In section 5 the words "owner or' were inserted between the words "any" and "co-owner" in the first line thereof, and before the word " co-owner in the marginal note thereof.
The Attorney General moved a new section 6, as follows:--
No. 10 of
Sub-section (1) of section 10 of the principal Ordinance is amended by the Amendment
insertion of the words "and also in respect of damage to business due of Ordinance to removal," between the word "thereto " and the word "and" in the 1900, s. 10 seventh line thereof, and by the insertion of the words "or damage
(1). between the word “extinction and the word "to" in the eighth line thereof.
Section 6 was re-numbered section 7.
""
On Council resuming, the Attorney General reported that the Bill had passed through Committee with amendments and moved that it be read a third time.
The Colonial Secretary seconded.
Question-put and agreed to.
Bill read a third time and passed.
ADJOURNMENT.-The Council then adjourned until 2.30 p.. on Thursday, the 8th day of September, 1921.
Confirmed this 8th day of September, 1921.
S. B. B. McELDERRY,
Clerk of Councils.
R. E. STUBBS,
Governor.
No. 380.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the KING, to the following Ordinances passed by the Legislative Council :-
Ordinance No. 15 of 1921.--An Ordinance to authorize the Appropriation of a Supplementary Sum of One million four hundred and fifty-seven thousand seven hundred and eighty-seven Dollars and seventy-four Cents to defray the Charges of the year 1920.
Ordinance No. 16 of 1921.-An Ordinance to amend the General Loan and
Inscribed Stock Ordinance, 1913.
Ordinance No. 17 of 1921.-An Ordinance to provide for the reclamation of the foreshore and sea bed off Praya East, Victoria, in the Colony of Hongkong.
1921.—An
Ordinance No. 18 of 1921. An Ordinance to amend further the Bills of
Exchange Ordinance, 1885.
Ordinance No. 19 of 1921.-An Ordinance to amend the Deportation Ordinance,
1917.
Ordinance No. 20 of 1921.—An Ordinance to amend the Tobacco Ordinance,
Ordinance No. 21 of 1921.-An Ordinance to amend the Stamp Ordinance,
1916.
1921.
1915.
Ordinance No. 22 of 1921.-An Ordinance to amend the Estate Duty Ordinance,
THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 9, 1921.
LS
HONGKONG.
No. 15 of 1921.
I assent to this Ordinance.
R. E. STUBBS,
Governor.
9th September, 1921.
An Ordinance to authorize the Appropriation of a Supplementary Sum of One million four hundred and fifty-seven thousand seven hun- dred and eighty-seven Dollars and seventy- four Cents to defray the Charges of the year 1920.
[9th September, 1921.]
WHEREAS it has become necessary to make further provision for the public service of the Colony for the year 1920, in addition to the charge upon the revenue of the Colony for the service of the said year already provided for:
BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-
A sum of one million four hundred and fifty-seven thousand seven hundred and eighty-seven Dollars and seventy-four Cents is hereby charged upon the revenue of the Colony for the service of the year 1920, the said sum so charged being expended as hereinafter specified ; that is to say :-
359
Governor,
$
2.205.45
Colonial Secretary's Department
and Legislature,..
3,181.13
Treasury,
5,985.34
Harbour Master's Department,......
26,448.38
Royal Observatory,
2,294.53
Miscellaneous Services,
742,979.36
Judicial and Legal Departments,
18,510.65
Police and Prison Departments,..
378,103.67
Medical Department,
35,581.81
Sanitary Department,
26,658.44
Botanical and Forestry Dept.,.
884.49
Education Department,
60,464.55
Public Works, Recurrent,
20,654.37
Kowloon-Canton Railway,
29,496.68
Charitable Services,
104,338.89
Total,$ 1,457,787.74
Passed the Legislative Council of Hongkong, this
8th day of September, 1921.
S. B. B. McELDERRY,
Clerk of Councils.
Assented to by His Excellency the Governor, the
9th day of September, 1921.
CLAUD SEVERN,
Colonial Secretary.
360
THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 9, 1921.
Short title and
Ordinance
LS
HONGKONG.
No. 16 or 1921.
I assent to this Ordinance.
R. E. STUBBS,
Governor.
9th September, 1921.
An Ordinance to amend the General Loan and
Inscribed Stock Ordinance, 1913.
[9th September, 1921.]
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 General Loan and Inscribed Stock Ordinance, 1921, and shall be read construction. and construed as one with the General Loan and Inscribed Stock Ordinance, 1913, hereinafter called the No. 7 of 1913. principal Ordinance, and the said Ordinance and this Ordinance may be cited together as the General Loan and Inscribed Stock Ordinances, 1913 and 1921.
Amendment
}
2. Section 6 of the principal Ordinance is amended of Ordinance by the deletion of the words " and shall bear interest No. 7 of 1913, at a rate not exceeding five per centum per annum
in the third and fourth lines thereof.
s. 6.
A mendment
""
3. Section 13 of the principal Ordinance is amended of Ordinance by the addition of the following words at the end
thereof :-
No. 7 of 1913, s. 13.
Amendment
of Ordinance No. 7 of 1913,
s. 14.
Amendment of Ordinance No. 7 of 1913,
s. 25.
Amendment
of Ordinance No. 7 of 1913, s. 28.
66
'Debentures shall not be deemed to be out- standing for the purpose of this Ordinance by reason only that one or more of the debentures have not been presented for payment on the day appointed for payment and have, in consequence, not been paid. "
4. Section 14 of the principal Ordinance is amended by the deletion of the words “ an additional sum for the formation of a sinking fund of not less than ten shil- lings sterling per hundred pounds on" in the fifth, sixth and seventh lines thereof, and by the substitution therefor of the words "for the formation of a sinking fund an additional sum equal to one half of the annual contribu- tion specified in the prospectus, or, in the case of a loan not issued publicly, in the terms of issue relating to the loan, and the said contribution shall be in respect of ".
5. Section 25 of the principal Ordinance is amended. by the deletion of the words ", provided that the interest on such inscribed stock shall not exceed four pounds per centum per annum" in the seventh, eighth and ninth lines thereof.
>>
6. Section 28 of the principal Ordinance is amended by the deletion of the words " an additional sum for the formation of a sinking fund of not less than ten shil- lings per centum on in the fifth, sixth and seventh lines thereof, and by the substitution therefor of the words for the formation of a sinking fund an addi- tional sum equal to one half of the annual contribution specified in the prospectus, or, in the case of a loan not issued publicly, in the terms of issue relating to the loan, in respect of ".
Passed the Legislative Council of Hongkong, this 8th day of September, 1921.
S. B. B. McELDERRY, Clerk of Councils.
Assented to by His Excellency the Governor, the
9th day of September, 1921.
CLAUD SEVERN,
Colonial Secretary.
THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 9, 1921.
HONGKONG.
361
LS
No. 17 or 1921.
I assent to this Ordinance.
R. E. STUBBS,
Governor.
9th September, 1921.
An Ordinance to provide for the reclamation of the foreshore and sea bed off Praya East, Victoria, in the Colony of Hongkong.
[9th September, 1921.]
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 Praya East Short title. Reclamation Ordinance, 1921.
2.-(1.) It shall be lawful for the Governor to carry Authorised out the following works:-
(a) the reclamation of the foreshore and sea bed off Praya East in accordance with the plan dated the 1st June, 1921, signed by the Director of Public Works, and deposited in the Land Office; and
(b) all accessory works which may be necessary or desirable for or on account of the con- struction of the said reclamation and the adaptation of the adjoining areas.
(2.) Such accessory works shall include the follow- ing:-
(a) closing, or diverting, narrowing, widening, raising, lowering or otherwise altering, per- manently or temporarily, drains, sewers, and public thoroughfares;
(b) diverting, raising, lowering or otherwise alter- ing, permanently or temporarily, tram lines, water mains, gas mains, and overhead and underground electric lines and cables;
(c) obtaining material for the purpose of con- structing the said reclamation, and conveying such material to the reclamation area in any manner whatsoever;
(d) constructing, maintaining and running tem- porary construction tramways, whether aerial or on the ground level, or on staging, or otherwise, and constructing, maintaining and running such tramways over, under or across the lines of the Hongkong Tramway Com- pany Limited;
(e) erecting temporary buildings and piers, and setting up and running mechanical contri- vances of all kinds for the purpose of con- structing the said reclamation;
(f) reclaiming the areas marked X and Y on the plan referred to in paragraph (a) of sub- section (1) of this section;
works.
362
THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 9, 1921.
Control and prosecution of works.
(g) demolishing and reconstructing certain build- ings and boundary walls and other con- tingent works rendered necessary by the surrender to the Colonial Government of a portion of the Royal Naval Arsenal Yard as shown on the said plan;
(h) forming, kerbing, channelling and surfacing the new portions of roadway west of Anton Street;
(i) all such kerbing, channelling and surfacing, the construction of all such drains, sewers, water mains and fittings, and the carrying out of all such other works as may be required in order to render the areas allotted to the Marine Lot Owners or to the Govern- ment of Hongkong available for the erection of buildings;
(j) removing and permanently or temporarily altering piers and landing places, and build- ing new piers and landing places;
(k) filling in Bowrington Canal; and (any other work whatsoever which the Govern- or in his discretion may consider to be, or to have been, necessary or desirable for the purpose of effecting the general intention of this Ordinance.
(3.) All such works, including all accessory works, are hereinafter referred to as the authorised works.
(4.) Any work carried out before the commencement of this Ordinance, which either was, in the opinion of the Governor, carried out in contemplation of an in- tended reclamation of the foreshore off Praya East, or is hereafter adopted by the Governor and made use of for the reclamation contemplated by this Ordinance, is hereby legalised and validated for all purposes as if it had been carried out under this Ordinance.
(5.) Except as in this Ordinance provided, no person whatsoever shall be entitled to any reduction of Crown rent, or to any damages or compensation whatsoever, in respect of any depreciation or injurious affecting of his property or business resulting directly or indirectly from the carrying out of any of the authorised works.
(6.) The powers conferred by this Ordinance shall be in addition to, and not in derogation of, any other powers possessed by the Governor, or Governor in Council, or any public officer.
3.-(1.) The Governor shall decide from what sources the materials required in carrying out the said reclama- tion are to be obtained, and shall have full control over the execution of all the authorised works and over all persons employed in connection therewith, and may appoint such persons as he may think fit to execute such works, and may determine the remuneration and conditions of employment of such persons.
(2.) The carrying out of the said reclamation when begun shall as far as may be practicable be proceeded with continuously until all the works in connection therewith shall have been completed, and the financial embarrassment of any of, or of all, the parties concerned shall not be considered by the Governor as a reason for delaying or in any way interfering with the progress of the whole or any portion of the said works.
(3.) In carrying out the said reclamation it shall be lawful for the Governor to deviate in respect of details to any extent that shall not materially alter or affect the general design set forth in the said plan.THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 9, 1921.
>
4. (1.) Subject to the provisions of sub-sections (2) Persons and (3) of this section, and to the rights of the Govern- entitled to ment of Hongkong, the only persons entitled to partici- participate pate in the reclamation scheme herein set forth shall be the following persons :--
(a) Those persons who are registered in the Land Office at the commencement of this Ordinance as the owners of Marine Lots abutting on Praya East or of such portions of Marine Lots abutting on Praya East as themselves abut on that street, provided that the persons who are so registered, and their predecessors in title, shall not before the commencement of this Ordinance have parted with the right to participate in any such reclamation scheme as that herein set forth.
(b) Those persons who, though not registered in the Land Office at the commencement of this Ordinance as the owners of Marine Lots abutting on Praya East or of any portions thereof so abutting, shall, before the com- mencement of this Ordinance, have reserved to themselves on the sale of such lots or such portions thereof the right to participate in such reclamation scheme as is herein
any set forth, and shall not before the commence- ment of this Ordinance have parted with the said right to any other person.
(c) Those persons who, before the commencement of this Ordinance, shall have acquired the right to participate in any such reclamation scheme as is herein set forth by purchase from the owners of Marine Lots abutting on Praya East of or portions thereof so abutting, and who shall not before the commencement of this Ordinance have parted with the said right to any other person.
(2) Every person who is entitled to participate in the reclamation scheme herein set forth under the pro- visions of paragraphs (b) and (c) of sub-section (1) of this section shall in the carrying out of the said scheme be treated throughout as if he had been at the com- mencement of this Ordinance registered as the owner of the Marine Lot or portion thereof, on the sale of which the right of participation was reserved, or from the owner of which the right of participation was acquired, as the case may be.
(3.) If before the expiration of three months from the commencement of this Ordinance any person who is entitled to participate in the said reclamation scheme under the provisions of paragraph (a) of sub-section (1) of this section, and who has not entered into the agree- ment referred in sub-section (5) of this section, ceases to be the owner of the area on which his qualification so to participate rests, or of any part of such area, the person who for the time being is entitled forthwith to become or, if there be no such person, the person who for the time being actually is, the registered owner of such area or portion thereof shall be entitled to par- ticipate in the said reclamation scheme, provided that the area of which he is, or is entitled to be, the regis- tered owner, actually abuts on Praya East.
(4.) If before the expiration of the said period of three months any person who was at the commencement of this Ordinance entitled to participate in the said reclamation scheme under the provisions of paragraph (b) or paragraph (c) of sub-section (1) of this section, and who has not entered into the agreement referred to in sub-section (5) of this section, parts with the said right of participation to any other person, the person to whom the said right of participation shall for the time being belong shall thereupon be entitled to participate in the said scheme in all respects as if he had reserved or acquired the said right before the commencement of this Ordinance.
in scheme.
363
364
THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 9, 1921.
Schedule.
Defraying of
cost of reclamation.
What cost includes.
(5.) Every person who is entitled to participate in the said reclamation scheme, and who desires to do so, shall within three months after the commencement of this Ordinance attend at the Land Office and enter into an agreement in the form of the agreement in the Schedule to this Ordinance.
(6.) If any person who was entitled to participate in the said reclamation scheme shall have failed to execute the said agreement within the said period of three months, such person shall cease to have any right to participate in any way in the said reclamation scheme, and such person shall have no claim to any damages or compensation either in respect of his former participa- tion rights or in respect of any depreciation or injurious affecting of his property or business resulting directly or indirectly from the carrying out of any of the authorised works: provided that the Governor in Council may award to such person such sum of money as he may in his absolute discretion think fit by way of compensation for any such depreciation or injurious affecting.
(7.) All persons who are entitled to participate in the said reclamation scheme and who execute the said agreement are in this Ordinance referred to as Marine Lot Owners.
5.--(1.) The cost of the reclamation shall be defrayed from a fund to be provided by the Marine Lot Owners and the Government of Hongkong.
(2.) The Government of Hongkong shall contribute to the said fund a sum which shall bear the same propor- tion to the total cost as the areas allotted to the Govern- ment of Hongkong shall bear to the total area allotted.
(3.) Each Marine Lot Owner shall contribute to the said fund a sum which shall bear the same proportion to the total cost as the areas allotted to him shall bear to the total area allotted.
(4.) For the purposes of this section the following shall not be deemed to be areas allotted to the Govern- ment of Hongkong:---
(a) Thoroughfares, piers, and landing places;
and
(b) Any area which is to the southward of Praya
East.
6.-(1.) The cost of the reclamation which is to be defrayed out of the said fund shall include the follow- ing:-
(a) the cost of the authorised works (including the salaries and wages of the staff and workmen, payments to contractors, and also including any extraordinary expense due, in the opinion of the Governor, to any storm, unforeseen difficulty, legal proceeding, or other cause whatsoever), in so far as such cost is not borne by the owners of any tram line, gas main, or electric line or cable, which may be diverted or altered;
(b) the following sums expended by the Govern- ment of Hongkong before the commencement of this Ordinance :-
Raising of level of Praya
East roadway
$ 56,993.79
Cost of surveys
7,703.05
Diversion and alteration
of certain drains......
2,903.03
Raising of certain ground floors and footpaths
10,543.35
$ 78,143.22
(c) any further sums which, in the opinion of the Governor, have been expended by the Govern- ment of Hongkong before the commencement
وحكم
:
THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 9, 1921.
of this Ordinance on salaries or wages paid, Or on payments for work executed, or for buildings taken over, in anticipation of and for the purpose of the said reclamation.
7.--(1.) The land reclaimed under this Ordinance Allotment of shall be laid out as nearly as possible as set forth on the reclaimed plan referred to in paragraph (a) of sub-section (1) of land. section 2 of this Ordinance.
(2.) The areas allotted to the respective Marine Lot Owners shall be as nearly as possible as set forth in the statement to accompany the said plan which is dated the 1st June, 1921, signed by the Director of Public Works, and deposited in the Land Office: provided that if any area which forms the qualification for a right to parti- cipate in the said reclamation scheme shall have been sub-divided before the ascertainment of the respective Marine Lot Owners, the reclaimed areas shown in the said plan and statement as to be allotted in respect of such first mentioned area shall be sub-divided in pro- portion to the frontage on Praya East of the sub-divisions of such first mentioned area.
"
(3.) The areas coloured red on the said plan and marked thereon 1, 2 and 3", "28A", and 15A and
“1, 41A", and the area margined in red on the said plan, and the streets coloured yellow on the said plan, shall be allotted to the Government of Hongkong.
(4.) If the Government of Hongkong shall acquire the participation rights of any person who is entitled to participate in the said scheme the reclamation areas which would have been allotted to such person shall be allotted to the Government of Hongkong, and the pro- portion of cost attributable to such areas, and the amount of any compensation which may be paid to such person, shall be borne and paid by the Government of Hong-. kong.
(5.) Upon the due performance by a Marine Lot Owner and his successors in title (if any) of all the obligations imposed upon him and them by the said Ordinance, the Governor shall grant to the Marine Lot Owner or to his successor in title a Crown lease of the reclamation areas allotted to the said Marine Lot Owner or his successor in title, provided that if there be any variation in superficial area between the said plan and statement and the areas available and actually allotted the lease shall be of the areas actually allotted, and the Governor shall alter accordingly the total contribution of the Marine Lot Owner.
8. (1.) Every person who is entitled, and who Obligations of desires, to participate in the said reclamation scheme Marine Lot shall, before executing the agreement referred to in sub- Owners. section (5) of section 4 of this Ordinance, deposit with the Hongkong and Shanghai Banking Corporation, in an account to be opened at the said Bank and to be called the Praya East Reclamation Account, a sum equal to 25 per centum of the amount of the estimated cost attributable to him as such cost is shown in or ascertained by the statement referred to in sub-section (2) of section 7 of this Ordinance, and subject to the provisions of sub-section (3) of this section any interest which accrues on such deposit shall be paid to such person upon all the obligations imposed by this Ordi- nance upon him and his successors in title (if any) being discharged.
(2.) Every Marine Lot Owner shall pay into the said account towards the cost of the reclamation, in each case within seven days after the posting of the registered letter containing the call, such sums as the Director of Public Works may from time to time call upon him to pay provided that pending the ascertainment of the actual cost of the reclamation the total amount of such calls, together with the deposit referred to in sub-section (1) of this section, shall not exceed the estimated cost attributable to such Marine Lot Owner as such cost is shown in or ascertained by the said statement.
365
366
THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 9, 1921.
Crown leases.
(3.) Every Marine Lot Owner shall take up the reclamation areas allotted to him, and shall, within seven days after the posting of the registered letter containing the notice referred to in sub-section (2) of section 9 of this Ordinance, pay for the said areas premium at the rate of twenty-five cents per square foot, and shall take out a Crown lease for the said areas forthwith when called upon to do so.
(4.) Every Marine Lot Owner shall, immediately before taking out the Crown lease for the areas allotted to him, enter into an agreement, to be approved by the Land Officer, and to be registered against such areas in the Land Office, binding himself and his successors in title to pay all unpaid or future calls which may have been or which may be made under sub-section (2) of this section in respect of the said areas.
(5.) If the person whose duty it is to do so fails to pay duly any call, or fails to take up duly the reclama- tion areas allotted to him, or fails to pay duly the premium therefor, or fails to take out duly a Crown lease for the said areas, or fails to enter duly into the agreement referred to in sub-section (4) of this section, the deposit referred to in sub-section (1) of this section and any interest accrued thereon, and all other moneys paid under this Ordinance by him or his predecessors in title in respect of the said reclamation areas, shall be forfeited to the Crown, and the said person shall cease to have any rights whatsoever to or in respect of the said areas, which shall thereupon be allotted to the Government of Hongkong.
(6.) If any Marine Lot Owner disposes of any of or all his rights to or in respect of the reclamation areas .allotted or to be allotted to him, he shall not thereby be relieved of any of his obligations under this Ordinance. save only that if he disposes of the whole of such rights he shall not be required to take out a Crown lease for the said areas if he procures the acceptance of the said Crown lease by some other person, and the execution by such other person of the agreement referred to in sub- section (4) of this section.
(7.) If the interest of any Marine Lot Owner in r res- pect of the reclamation areas allotted or to be allotted to him passes, by operation of law, on death or on any other event, to any other person, the duty of performing the obligations expressed in this Ordinance as imposed on the Marine Lot Owner, and the right to the Crown lease for the said reclamation areas, shall pass to the person to whom the said interest shall have passed.
9.-1.) The Crown leases of the reclamation areas shall be in the usual form and shall be for the term of ninety-nine years, commencing from a date to be ascer- tained as provided for in sub-section (2) of this section, at a Crown rent of five hundred dollars per acre, with the option of renewal for a further term of ninety-nine years at a Crown rent to be fixed by the Governor for the time being.
(2.) The date from which the said first term, and the said Crown rent, shall commence shall be the date of the posting of a registered letter, addressed to the Marine Lot Owner, containing a notice from the Director of Public Works stating that the said reclamation areas are at the disposal of the said Marine Lot Owner, provided that (except at the request of the Marine Lot Owner) such notice shall not be sent until in the opinion of the Director of Public Works (i) such areas are in a condition suitable for the commencement of building operations and (ii) the adjacent streets are in such a condition as to provide reasonable means of access to the said areas.
THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 9, 1921.
10. The calls referred to in sub-section (2) of section Calls and 8 of this Ordinance, and the notice referred to in sub- notices. section (2) of section 9 of this Ordinance, may respec- tively be made and given, by or on behalf of the Director of Public Works, by registered letter addressed to the Marine Lot Owner at his address in Hongkong as stated in the agreement referred to in sub-section (5) of section 4 of this Ordinance, or at his last known address in the Colony.
11. A certificate under the hand of the Director of Proof of Public Works shall be conclusive evidence for all posting of purposes whatsoever of the date of posting of any call calls and or notice provided for in this Ordinance.
notices.
12. Whenever any question arises as to any decision Evidence of or opinion of the Governor under this Ordinance a certi- Governor's ficate under the hand of the Colonial Secretary shall be conclusive evidence of such decision or opinion for all purposes whatsoever.
decision or opinion.
in the Crown.
13. (1.) All the land and foreshore and bed of the Property in sea included in the reclamation authorised or validated reclaimed by this Ordinance, and the creek marked "Bowring- land vested ton Canal' on the plan referred in paragraph (a) of sub-section (1) of section 2 of this Ordinance, are hereby declared to be absolutely the property of the Crown, free from any restriction whatsoever, and, subject to the provisions of this Ordinance, the reclaimed areas may be dealt with and disposed of in the same manner as any other Crown land.
mined.
(2.) All public and private rights of navigation and Certain public fishing, and all public and private rights of access, user, and private possession or occupation, and all other public or private rights deter- rights (if any) to, in, upon or over the said land, fore- shore, bed of the sea or reclaimed areas, and in, upon or over the creek referred in sub-section (1) of this section, are hereby declared to be absolutely, extin- guished and determined.
of
(3.) Nothing in this Ordinance shall be in derogation Saving of
any of the powers and rights of the Crown in respect certain rights
of the said foreshore or bed of the sea, and nothing in of the Crown. this Ordinance shall be construed as recognising any
foreshore, marine or pier rights whatsoever as against
the Crown.
(4.) Nothing in this Ordinance shall be construed as Certain rights affecting any right or claim as between lessees, and not to be their sub-lessees or tenants, inter se.
affected.
tion.
14. From and after the completion of the reclamation Maintenance authorised by this Ordinance, the Governor shall keep of reclama- and maintain the sea wall thereof and all the public roads thereon out of moneys to be provided from the public revenues of the Colony, but, save as aforesaid, neither the Governor, nor any public officer, nor the public revenues of the Colony, shall be liable for any deterioration, subsidence, or damage of or to the said reclamation.
15. Nothing in this Ordinance shall be affected in Ordinances any way by any of the provisions of the Foreshores and Nos. 15 of Sea Bed Ordinance, 1901, or of the Highways Ordinance, 1901 and 21
1910.
of 1910.
No. 10 of 1902.
16.-(1.) None of the powers conferred upon the Ordinance Governor by this Ordinance shall be limited in any way by any of the provisions of the Tramway Ordinance, 1902.
(2.) Subject to the provisions of sub-section (1) of this section, none of the rights and powers conferred or recognised by the Tramway Ordinance, 1902, shall be affected by the fact that the route or working of the
367
ite368
THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 9, 1921.
tramway authorised by the said Ordinance may be affected by or in consequence of the works authorised by this Ordinance.
Passed the Legislative Council of Hongkong, this Sth day of September, 1921.
S. B. B. McELDERRY, Clerk of Councils.
Assented to by His Excellency the Goverror, the
9th day of September, 1921.
CLAUD SEVERN,
Colonial Secretary.
SCHEDULE.
AGREEMENT made the
day of
Between
1921
* Insert
postal ad- dress in
acting for and on behalf of the Governor of Hongkong (hereinafter called the Governor) of the one part and
of *
(hereinafter with his executors administrators and Hongkong for assigns called the lessee) of the other part.
the purpose of service of
notices.
WHEREAS the said.
is the registered owner of .
and has agreed to contribute towards the cost of the reclamation authorised by the Praya East Reclamation Ordinance, 1921, upon the terms and subject to the conditions hereinafter contained :
AND WHEREAS the said
in the
has in accordance with sub-section (1) of section 8 of the said Ordinance deposited the sum of $ Praya East Reclamation Account referred to in the said section:
NOW IT IS HEREBY AGREED by and between the parties hereto as follows:-
1. The lessee shall duly perform all the obligations imposed upon him by the said Ordinance.
2. If the lessee fails to perform duly any of the obli- gations imposed upon him by the said Ordinance, the deposit and the interest thereon and all other moneys paid by him under the said Ordinance shall be forfeited to the Crown, and the lessee shall cease to have any rights whatsoever to or in respect of the reclamation areas which would have been allotted to him if he had duly performed all the said obligations.
3. Upon the due performance by the lessee of all the obligations imposed upon him by the said Ordinance, the Governor shall grant to the lessee a Crown lease of the reclamation areas more particularly delineated and marked ...... on the plan annexed hereto, provided that if there be any variation in superficial area between the said plan and the areas actually allotted to the lessee the lease shall be of the areas actually allotted. The said Crown lease shall contain the terms and conditions specified in section 9 of the said Ordinance.
IN WITNESS whereof the said parties to these presents have hereunto set their hands the day and year first above written.
•
-།
THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 9, 1921.
LS
S
HONGKONG.
No. 18 OF 1921.
I assent to this Ordinance.
R. E. STUBBS,
Governor,
9th September, 1921.
An Ordinance to amend further the Bills of
Exchange Ordinance, 1885.
[9th September, 1921.]
BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-
struction.
1. This Ordinance may be cited as the Bills of Short title Exchange Ordinance, 1921, and shall be read and and con- construed as one with the Bills of Exchange Ordinances, 1885 and 1918, and the said Ordinances and this Ordi- Ordinances
Nos. 3 of 1885 nance may be cited together as the Bills of Exchange No. 1 of 1918. Ordinances, 1885 to 1921.
2. Paragraph (4) of section 72 of the Bills of Amendment Exchange Ordinance, 1885, is repealed and the follow- ing paragraph is substituted therefor :-
(4) where a bill is drawn out of but payable in this Colony and the sum payable is not expressed in the currency of this Colony, the amount, if the bill is paid in this Colony and in the currency of this Colony, shall, in the absence of any express stipulation, be calculated according to the rate of exchange for sight drafts in this Colony on the day on which the bill is actually paid; and
Passed the Legislative Council of Hongkong, this Sth day of September, 1921.
of Ordinance No. 3 of 1885, s. 72.
S. B. B. McELDERRY,
Clerk of Councils,
Assented to by His Excellency the Governor, the 9th day of September, 1921.
CLAUD SEVERN,
Colonial Secretary.
369
!
370
THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 9, 1921.
HONGKONG.
Short title and
construction.
Ordinance No. 25 of 1917.
Amendment
of Ordinance No. 25 of 1917, s. 32.
Amendment of Ordinance No. 25 of 1917,
s. 4 14.
Amendment
of Ordinance No. 25 of 1917, Schedule,
Form No. 7.
LS
No. 19 of 1921.
I assent to this Ordinance.
R. E. STCBBS, Governor.
9th September, 1921.
An Ordinance to amend the Deportation Ordi-
nance, 1917.
[9th September, 1921.]
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 Deportation Ordinance, 1921, and shall be read and construed as one with the Deportation Ordinance, 1917, hereinafter called the principal Ordinance, and the said Ordinance and this Ordinance may be cited together as the De- portation Ordinances, 1917 and 1921.
2. (1.) Sub-section (2) of section 3 of the principal Ordinance is repealed and the following sub-section is substituted therefor :-
"(2) On any occasion which the Governor in Council may consider to be an occasion of emergency or public danger, the Governor in Council may summarily issue a deporta- tion order against any person who in his opinion is an alien, if he deems it to be conducive to the public good that such an order should be issued.
3. Sub-section (14) of section 4 of the principal Ordinance is amended :
(a) by the deletion of the word "This in the first line thereof, and by the substitution therefor of the words Sub-section (11) of this";
6
(b) by the substitution of a semicolon for a full stop at the end of paragraph (d) thereof, and by the addition of the following paragraph immediately after the said paragraph (d) :-
(e) any person who in the opinion of the Governor in Council has acted, is acting, or is about to act, whether within or without the Colony, in a manner prejudicial to the public safety, or to the defence, peace, or security of His Majesty's dominions, or of any part thereof, or of any territory which is under His Majesty's protection.
4. Form No. 7 in the Schedule to the principal Ordinance is amended by the deletion of the words and marks (or during the continuance of the proclamation issued on the............day of.
.19......
under the Peace Preservation Ordinance, 1886,)".
THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 9, 1921. 371
retain his
5. Where any deportation order under the Deporta- Deported tion Ordinances, 1917 and 1921, is in force against any person to be person that person shall, unless the Governor otherwise deemed to directs, be deemed for the purposes of the order to nationality. retain his nationality as at the date of the order notwithstanding any intervening naturalization, mar- riage or any other event.
Passed the Legislative Council of Hongkong, this Sth day of September, 1921,
S. B. B. McELDERRY, Clerk of Councils
Assented to by His Excellency the Governor, the
9th day of September, 1921.
*
CLAUD SEVERN,
Colonial Secretary.
LS
HONGKONG.
No. 20 or 1921.
I assent to this Ordinance.
R. E. STUBBS, Governor.
9th September, 1921.
An Ordinance to amend the Tobacco Ordi-
nance, 1916.
[9th September, 1921.]
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 Tobacco Ordi- Short title nance, 1921, and shall be read and construed as one and construc- with the Tobacco Ordinance, 1916, hereinafter called to the principal Ordinance, and the said Ordinance and Ordinance this Ordinance may be cited together as the Tobacco No. 10 of Ordinances, 1916 and 1921.
1916.
2. Section 8 of the principal Ordinance is amended Amendment as follows:-
of Ordinare No. 10 of
(a) by the repeal of the words "to order that 1916, s. 8.
any duties so imposed be increased or that any new duties on tobacco be imposed" in the third and fourth lines thereof, and by the substitution therefor of the words to vary in any way any of the duties imposed under this Ordinance or to impose new duties on any tobacco imported into or manu- factured in the Colony, and to increase or decrease any duties imposed under this Ordinance",
(b) by the substitution of the word "six" for
the word "two" in the ninth line thereof.
372
THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 9, 1921.
Amendment
of Ordinance No. 10 of 1916, s. 11.
Amendment of Ordinance
No. 10 of
1916, s. 16.
Amendment of Ordinance No. 10 of 1916. s. 39.
Amendment of Ordinance No. 10 of 1916, s. 41.
Amendment.
of Ordinance No. 10 of 1916, s. 59.
3. Sub-section (2) of section 11 of the principal Ordinance is amended by the addition of the following words at the end thereof :
"If the tobacco is removed into a general bonded or licensed warehouse the duty shall be payable before removal from such bonded or licensed warehouse."
4. Section 16 of the principal Ordinance is amended as follows :---
(a) by the insertion of the following sub-section
immediately after sub-section (2) thereof:--
(3.) All tobacco imported by the railway shall be consigned through to Kow- loon by railway invoice.
(b) by the renumbering of sub-on (3) as
sub-section (4).
5. Sub-section (6) of section 39 of the principal Ordi- nance is amended by the addition of the following paragraph at the end thereof :--
(e) all Railway officials not below the rank of
traffic inspector.
6. Sub-section (1) of section 41 of the principal Ordinance is amended as follows:
(a) by the substitution of the word "officer" for the word "officers", and by the insertion of a comma immediately before the word “or”, in the sixth line thereof,
(b) by the insertion of the words "or by any revenue or police officer" between the word officer and the word “in in the seven- teenth line thereof.
31
7. Section 59 of the principal Ordinance is amended
(a) by the renumbering thereof as sub-section
59 (1),
(b) by the addition at the end thereof of the
following sub-section :--
(2.) If the magistrate is of the opinion that any offence committed against this Ordinance was committed with the intent to avoid payment of any duty payable under this Ordinance, he may impose a fine not exceeding ten times the amount of the duty payable on the tobacco in respect of which the offence was committed, notwithstanding the fact that such fine may be in excess, in the case of a first, second or subsequent offence of the maximum fines authorised for first, second or subsequent offences respectively by sub-section (1) of this section:
Provided that nothing in this sub- section shall affect the power of the magistrate to impose in lieu of or in addition to any fine imposed under this sub-section a sentence of impri- sonment for any term authorised by sub-section (1) of this section.
Passed the Legislative Council of Hongkong, this 8th day of September, 1921.
S. B. B. McELDERRY,
Clerk of Councils.
Assented to by His Excellency the Governor, the
9th day of September, 1921.
CLAUD SEVERN,
Colonial Secretary.THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 9,
LS
HONGKONG.
No. 21 or 1921.
I assent to this Ordinance.
R. E. STUBBS,
Gorernor.
9th September, 1921.
An Ordinance to amend the Stamp Ordinance,
1921. 373
1921.
[9th September, 1921.]
BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-
construction,
1. This Ordinance may be cited as the Stamp Short title Amendment Ordinance, 1921, and shall be read and and construed as one with the Stamp Ordinance, 1921, and Ordinance the said Ordinance and this Ordinance may be cited No. 8 of 1921. together as the Stamp Ordinances, 1921.
of Ordinance
2. Section 3 of the Stamp Ordinance, 1921, is Amendment amended by the addition of the marginal note “Person." to paragraph (22), and by the substitution of "Share for "Stock" in the marginal note to paragraph (28).
No. 8 of 1921, s. 3.
of Ordinance
No. 8 of 1921. s. 10.
3. Section 10 of the Stamp Ordinance, 1921, is Amendment amended by the addition of the following sub-section at the end thereof :
(3.) In any question whatsoever arising under this section the onus of proof shall lie upon the person who asserts that there has been no splitting in order to evade stamp duty.
4. Section 22 of the Stamp Ordinance, 1921, is Amendment amended as follows:
of Ordinance No. 8 of
(a.) Sub-section (1.) is amended by the insertion 1921, s. 22.
of the words ", or carried out," immediately after the word "terminated" in the third line thereof.
(b) Sub-section (1.) is also amended by the deletion of the word 'seller" in the fifth line thereof and by the substitution therefor of the following :----
person specified in the sixth column of Heading No. 20 of the schedule. to this Ordinance as the person liable for stamping.
(e) Sub-section (2.) is amended by the insertion of the words “, or carried out, " immediately after the word terminated" in the sixth line thereof.
46
"
(d.) Sub-section (3.) is amended by the insertion of the words or carried out," immediately after the word "terminated" in the second line thereof.
(e.) Sub-section (4.) is amended by the deletion of the word seller" in the first and second lines thereof and by the substitution therefor in each case of the following:-
person specified in the sixth column of Heading No. 20 of the schedule to this Ordinance as the person liable for stamping.
374
THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 9, 1921.
Collector to have power to call for
abstract and evidence.
Amendment
(F.) Sub-section (5.) is amended by the insertion of the words ", or carried out, immediately
after the word “terminated
line thereof.
(g) Sub-section (7.) is repealed.
in the fourth
(h) The following sub-sections are added im-
mediately after sub-section (6.) :---
(7.) It shall be lawful for the Collector in his discretion to allow an exchange contract cancellation note to be executed by a banker without being stamped, or without being fully stamped, if the Collector is satisfied that the amount of the duty cannot be recovered, or can be recovered only in part, from the person who is or was liable to the banker for the payment of the amount of the duty. (8.) If the parties to an exchange con- tract mutually agree to cancel the contract, exchange contract cancel- lation note duty shall be payable only in respect of the original contract, provided that the agree- ment is come to, and the exchange for the cancellation is fixed, and the transaction is completed, on the same day.
5. Whenever any instrument is tendered for stamping the Collector may require to be furnished with an abstract of the instrument, and also with such evidence as he may deem necessary in order to show to his satisfaction whether all the facts and circumstances affecting the liability of the instrument to duty, or the amount of the duty chargeable thereon, are fully and truly set forth therein.
6. The schedule to the Stamp Ordinance, 1921, is
of Ordinance amended as follows:- No. 8 of
1921, Sche-
dule.
(.) Heading No. 3 is amended by the addition of the following exemption at the end thereof:
(e) Agreement relating to the sale of
goods.
b.) Heading No. 12 is amended by the substitu- tion of "obligor" for "obligee" in the sixth column.
(e) Heading No. 15 is amended by the deletion of all the words, figures and symbols in the third column and by the substitution there for of the following:---
$1 for every $100 or part thereof of the amount or value of the consi- deration.
1
(d.) Heading No. 20 is amended by the deletion of the words The seller in the sixth column, and by the substitution therefor of the following:-
If one party to the contract was a bank- er and the other party was not a banker, the banker.
In every other case, the seller.
(c) Sub-heading (7) of Heading No. 29 is amended by the deletion of the following in the third column:-
10 cents for every $500 or part thereof
of the principal sum secured.
9, 1921.
375
THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER
and by the substitution therefor of the following:
Where the whole of the principal sum
secured is released or discharged, 10 cents for every $500 or part thereof of the principal sum secured.
Where a portion of the principal sum secured is released or discharged, 10 cents for every $500 or part thereof of the amount actually released or discharged.
(f.) Sub-heading (8) of Heading No. 29 is amended by the deletion of Do" in the third column and by the substitution therefor of the following:
10 cents for every $500 or part thereof
of the principal sum secured.
(g.) Heading No. 33 is amended by the deletion
of the following in the second column :--
(4.) Floating Policies, for each endorse-
ment.
(5.) Marine Policies other than those
specified above.
and by the substitution therefor of the following:-
(4) Marine Policies other than hull
risks for time.
(5.) Floating Policies, for each endorse-
ment.
same
(.) Sub-heading (7) of Heading No. 33 is
amended by the substitution of "The san rates of duty as on original policies issued after the commencement of this Ordinance for "The same duty as on the original policy" in the third column.
(1.) Heading No. 40 is amended by the deletion of the word "market" in the third line of the third column.
(.) The headings set forth in the schedule to this Ordinance are inserted in the schedule to the Stamp Ordinance, 1921, at the places indicated by the respective numbers and letters of the said headings
Passed the Legislative Council of Hongkong, this Sth day of September, 1921.
9,
S. B. B. McELDERRY,
Clerk of Councils.
Assented to by His Excellency the Governor, the 9th day of September, 1921.
CLAUD SEVERN,
Colonial Secretary.
•
376
No. of Heading.
THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 9, 1921.
SCHEDULE.
Instrument.
Duty.
Nature of Stamp.
Point of time before which, or period within which, the instrument must be stamped.
Person liable for stamping, where stamping
is compulsory.
12A. Bond to secure the payment of estate duty (Ordinance No. 16 of 1915, s. 11 (2)).
20 cents for every
Do.
Do.
Do.
$100 or part thereof of the amount secured.
Adhesive.
Before
ment.
144. Compradore Order, if passed through 10 cents.
a bank.
17A. Dividend Warrant, whether express- 10 cents.
ed to be payable by the corporate body issuing the dividend warrant or by some other person, and whether payable within or without the Colony.
If issued before the 13th May,
1921, adhesive
two
cent revenue stamps.
If issued after the 12th May, 1921, an in- pressed and dated stamp.
lodg- The person
lodging.
If issued before
the 13th May, 1921, before payment.
If issued after
the 12th May, 1921, before
issue.
The corporate body issuing.
HONGKONG.
Short title
tion.
LS
No. 22 OF 1921.
I assent to this Ordinance.
R. E. STUBBS,
Governor.
9th September, 1921.
An Ordinance to amend the Estate Duty Ordi-
nance, 1915.
[9th September, 1921.]
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 Estate Duty and construc- Ordinance, 1921, and shall be read and construed as one with the Estate Duty Ordinance, 1915, hereinafter called the principal Ordinance, and the said Ordinance and this Ordinance may be cited together as the Estate Duty Ordinances, 1915 and 1921.
Ordinance No. 16 of 1915.
Amendment
of Ordinance
No. 16 of 1915, s. 4.
Amendment
of Ordinance
No. 16 of 1915, s. 6.
Ordinance
No. 34 of 1910.
66
2. Section 4 of the principal Ordinance is amended. by the substitution of the word passing" for the words which passes
in the fourth line thereof.
66
"
3. Section 6 of the principal Ordinance is amended by the addition of the following paragraph at the end thereof ----
(4) Any land situated in the New Territories in
respect of which a successor has been regis- tered by the Land Officer under the first clause of section 29 of the New Territories Regulation Ordinance, 1910: provided that this exception shall not apply to any land which forms part of an estate of which pro- bate or letters of administration have been granted by the Supreme Court.
į
THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 9, 1921. 377
of Ordinance
4. Sub-section 4 (b) of section 9 of the principal Amendment Ordinance is amended by the deletion of the word No. 16 of "that" in the third line thereof.
Passed the Legislative Council of Hongkong, this 8th day of September, 1921.
S. B. B. McELDERRY, Clerk of Councils.
Assented to by His Excellency the Governor, the
9th day of September, 1921.
1915, s. 9.
CLAUD SEVERN,
Colonial Secretary.
APPOINTMENTS, &c.
No. 381.-Ilis Excellency the Governor has been pleased to appoint the Honour- able Mr. CLAUD SEVERN, C.M.G,, to be a Member of the Recreation Grounds Committee.
9th September, 1921.
No. 382.—His Excellency the Governor has been pleased to appoint the Honour- able Mr. P. H. HOLYOAK, Mr. H. BIRKETT, Mr. T. E. PEARCE, and Mr. R. J. WILTON to be Members of the Recreation Grounds Committee, as representatives of the Royal Hong- kong Golf Club, the Hongkong Jockey Club, the Hongkong Cricket Club, and the Hong- kong Football Club respectively.
9th September, 1921.
NOTICES.
COLONIAL SECRETARY'S DEPARTMENT.
No. 383.-With reference to Government Notification No. 732 of the 28th Decem- ber, 1899, information has been received from the Secretary of State for the Colonies to the effect that, corresponding to the action taken by the majority of medical educational establishments in the United Kingdom, the authorities of the London School of Tropical Medicine have decided to increase the fees of students by 25 per cent.
No. 384.-In filling vacancies in the Government Clerical Service preference will in future be given to candidates who have passed the Matriculation or Senior Local examination of the University of Hongkong.
The above examinations will this year commence on Monday, 28th November, and entries should reach the Registrar of the University on or before 1st October.
When the results of these examinations are published, successful candidates who wish to be considered for posts in the clerical service should apply in writing to the Colonial Secretary.
No comments yet.
Private notes are available after approval.