ར.
466
THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 4, 1921.
No. 455. 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. 23 of 1921.-An Ordinance to amend the Widows' and Orphans'
Pension Ordinances, 1908 and 1921. Ordinance No. 24 of 1921.-An Ordinance to amend further the Legal Practi-
tioners Ordinance, 1871.
Ordinance No. 25 of 1921.--An Ordinance to amend the Rents Ordinance, 1921. Ordinance No. 26 of 1921.—An Ordinance to extend for a further period the
powers granted by the Mercantile Bank Note Issue Ordinance, 1911, to the Mercantile Bank of India, Limited, to make, issue, re-issue and circulate notes in the Colony.
Ordinance No. 27 of 1921.-An Ordinance for the incorporation of the Christian Brothers School known in French as "L'Institut des Frères des Écoles Chrétiennes" and known in Hongkong as "St. Joseph's College."
HONGKONG.
Short title and
'construction.
Ordinances Nos. 15 of 1908 and 5 of 1921.
Amendment
of Ordinance No. 5 of
1921, s. 1.
Definition of "officer" as regards
persons
LS
No. 23 OF 1921.
I assent to this Ordinance.
R. E. STUBBS,
Governor.
4th November, 1921.
An Ordinance to amend the Widows' and Orphans' Pension Ordinances, 1908 and 1921.
[4th November, 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 Widows' and Orphans' Pension Second Amendment Ordinance, 1921, and shall be read and construed as one with the Widows and Orphans' Pension Ordinance, 1908, and with the Widows' and Orphans' Pension Ordinance, 1921, and the said Ordinances and this Ordinance may be cited together as the Widows' and Orphans' Pension Ordinances, 1908 and 1921.
2. Section 1 of the Widows' and Orphans' Pension Ordinance, 1921, is amended by the repeal of the words "and the said Ordinance and this Ordinance may be cited together as the Widows' and Orphans' Pension Ordinances, 1908 and 1921".
3.-(1.) Notwithstanding anything contained in the Widows' and Orphans' Pension Ordinance, 1908, or in the Widows' and Orphans' Pension Ordinance, 1921, the term officer in the Widows' and Orphans' Pension reappointed Ordinance, 1908, shall, as regards all persons appointed or reappointed in the service of the Government after the
commencement of this Ordinance, include the
appointed or
after the
commence- ment of this
Ordinance.
following:--
(a) every person permanently employed in the
service of the Government ;
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THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 4, 1921.
(b) every European member of the police
force; and
(c) every person, not being a member of the police force, who is appointed or reap- pointed in the service of the Government on an agreement for any period exceeding two years:
provided that the term officer shall not include any person whose salary is less than $420 per annum.
(2.) Notwithstanding anything contained in sub- section (1) in this section, it shall be lawful for the Governor in Council to exclude from the operation of this Ordinance any person who in the opinion of the Governor in Council is engaged on work of a special or temporary nature.
(3.) If any person who, under sub-section (2) of this section, is excluded by the Governor in Council from the operation of this Ordinance shall have con- tributed to the Widows' and Orphans' Pension Fund before such exclusion, the total amount of his con- tributions made by him before such exclusion shall be repaid to him without interest: provided that this sub-section shall not apply to any contributions made by such person to the Widows' and Orphans' Pension Fund in respect of any service which in the opinion of the Governor in Council was not of a special or temporary nature.
entitled to join the
4.--(1.) Subject to the provisions of sub-section Certain (2) of section 3 of this Ordinance, but notwithstanding officers to be anything else contained in the Widows' and Orphans' Pension Ordinance, 1908, or in the Widows' and Fund. Orphans Pension Ordinance, 1921, or in this Ordi- nance, every person in the service of the Government at the commencement of this Ordinance who is not liable to contribute to the Widows' and Orphans' Pension Fund, but who would have been liable so to contribute if he had been appointed after the commen- cement of this Ordinance, shall be entitled to elect to contribute to the Widows' and Orphans' Pension Fund upon giving due notice to the Directors of his desire to do so.
(2.) Every person who so elects to contribute to the Widows and Orphans' Pension Fund shall, as from the date on which the notice of his election shall have been received by Directors, be liable to contribute to the Widows' and Orphans' Pension Fund in all respects as if he had been appointed after the commencement of this Ordinance.
(3.) For the purpose of sub-section (1) of this section due notice shall mean notice which shall reach the Directors :-
(a) within three months after return from leave in the case of persons who are on leave at the commencement of this Ordinance; and (b) within three months after the commencement of this Ordinance in the case of persons who are not on leave at the commencement of this Ordinance.
Passed the Legislative Council of Hongkong, this 3rd day of November, 1921.
S. B. B. McELDERRY,
Clerk of Councils.
Assented to by His Excellency the Governor, the
4th day of November, 1921.
CLAUD SEVERN,
Colonial Secretary.
467
468
THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 4, 1921.
HONGKONG.
No. 24 OF 1921.
Short title
Ordinances
LS
I assent to this Ordinance.
R.. E. STUBBS, Governor.
4th November, 1921.
An Ordinance to amend further the Legal
Practitioners Ordinance, 1871.
[4th November, 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 Legal Practi- and construc- tioners Amendment Ordinance, 1921, and shall be read tion.
and construed as one with the Legal Practitioners Ordi- nance, 1871, hereinafter called the principal Ordinance, and with the Legal Practitioners Amendment Ordinance, 1913, and the said Ordinances and this Ordinance may be cited together as the Legal Practitioners Ordinances, 1871 to 1921.
Nos. 1 of
1871 and 19 of 1913.
Amendment
of Ordinance
2. Section 3 of the principal Ordinance, as amended by section 3 of the Legal Practitioners Amendment No. 1 of 1871, Ordinance, 1913, is further amended as follows:-
s. 3 as
amended by
Ordinance No. 19 of
1913, s. 3.
Amendment
(a.) Sub-section (2) is repealed and the following
sub-section is substituted therefor :-
(2.) No such preliminary examination shall be necessary in the case of any person who shall have passed the matriculation examination of the University of Hongkong, or who shall have passed an examina- tion which would in England exempt him from passing the pre- liminary examination of the Law Society.
(b.) Sub-section (3) is repealed and the following
sub-section is substituted therefor :-
(3.) Articles of clerkship shall be null and void unless the intended articled clerk shall have passed one of the examinations referred to in sub-section (2) of this section, or shall have passed the preliminary examination referred to in sub-sec- tion (1) of this section, or shall have obtained from the Chief Justice an order exempting him from such preliminary examina- tion.
3. Section 11 of the principal Ordinance, as amended. of Ordinance by section 4 of the Legal Practitioners Amendment
No. 1 of 1871, Ordinance, 1913, is further amended as follows:-
s. 11, as
amended by
Ordinance
No. 19 of
1913, s. 4.
(a) by the insertion of the words “section 10 of” between the word "of" and the word "this" in the fourth line thereof :
66
(b) by the deletion of all the words after the word Ordinance" in the said fourth line thereof and by the substitution therefor of the
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THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 4, 1921.
words, "Each examiner shall receive for his services such sum as the Governor in Council may by regulation prescribe, and the amount required for the payment of the examiners shall be paid by the candidate, or, if there be more than one candidate, by the candidates in equal shares, before the beginning of the examination."
No. 1 of 1871,
4. Section 27 of the principal Ordinance is amended Amendment by the repeal of the last three lines thereof and by the of Ordinance substitution therefor of the words "shall upon summary 27 conviction be liable to a fine not exceeding one thousand dollars.
5. Section 3 of the Legal Practitioners Amendment Repeal of Ordinance, 1913, is repealed.
Passed the Legislative Council of Hongkong, this 3rd day of November, 1921.
S. B. B. McELDERRY,
Clerk of Councils.
Assented to by His Excellency the Governor, the
Ordinance No. 19 of
1913, s. 3.
..
469
4th day of November, 1921.
CLAUD SEVERN,
Colonial Secretary.
LS
HONGKONG.
No. 25 of 1921.
I assent to this Ordinance.
R. E. STUBBS,
Governor.
4th November, 1921.
An Ordinance to amend the Rents Ordinance,
1921.
[4th November, 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 Rents Amend- Short title ment Ordinance, 1921, and shall be read and construed and as one with the Rents Ordinance, 1921, hereinafter construction. called the principal Ordinance, and the said Ordinance Ordinance and this Ordinance may be cited together as the Rents No. 13 of Ordinances, 1921.
1921.
(f).
2. Paragraph (ƒ) of sub-section (1) of section 4 of the Amendment principal Ordinance is amended by the addition at the of Ordinance end thereof of the words ", stating in writing whether No. 13 of he intends to pull down or to reconstruct such domestic 1921, 4 (1) tenement, and in the latter case stating the exact nature of the reconstruction intended", provided that this amendment shall not affect any notice to quit which shall have been given before the twenty-second day of October, 1921.
470
THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 4, 1921.
Amendment
of Ordinance
No. 13 of
3. Sub-section (1) of section 6 of the principal Ordi- nance,is amended by the insertion of the words “in 1921, s. 6 (1). any civil proceeding between the word "If" and the
word "any" in the first line thereof.
Transfer of actions to the original jurisdiction of the
Supreme Court.
Ordinance No. 4 of
1873.
Distress for rent made irrecoverable by principal Ordinance, and demand made under threat of such distress.
Acts done mala fide with intent
to induce a
lessee to quit prohibited.
Notice to quit to bind sub-lessees in certain
cases.
4. (L.) Nothing contained in the principal Ordinance shall be deemed to affect the power of transferring actions from the summary jurisdiction of the Supreme Court to the original jurisdiction of the Supreme Court conferred by section 28 of the Supreme Court (Summary Jurisdiction) Ordinance, 1873.
(2.) Subject to the provisions of sub-section (3) of this section, if any action, to which any of the provisions of the principal Ordinance would have applied if such action had not been transferred to the original juris- diction of the Supreme Court, is transferred to the original jurisdiction of the Supreme Court, the pro- visions of the principal Ordinance shall apply, in the further proceedings in such action, as if there were substituted for the term "court in the principal Ordinance the term Supreme Court in its original jurisdiction", except (4) in paragraph (a) of section 2 of the principal Ordinance, and (ii) where the word
court forms part of the term full court".
"
(3.) The special provisions of the principal Ordinance relating to appeals shall not apply to any action which is transferred from the summary jurisdiction of the Supreme Court to the original jurisdiction of the Supreme Court.
(4.) This section shall apply to actions instituted before the commencement of this Ordinance as well as to actions instituted after such commencement.
5.-1.) Every person who, without lawful excuse, applies for a warrant of distress for any amount of rent in excess of the rent recoverable in accordance with the provisions of the principal Ordinance, and every person who, without lawful excuse, under threat of applying for or executing a warrant of distress, demands any amount of rent in excess of the rent recoverable in accordance with the provisions of the principal Ordi- nance, shall upon summary conviction be liable to a fine not exceeding two hundred and fifty dollars.
(2.) Upon the hearing of any summons issued under the provisions of this section, it shall be lawful for a - magistrate, whether the defendant be convicted or not, and in addition to imposing a fine if the defendant be convicted, to order the defendant
to pay to the tenant:
(a) any sum recovered or obtained from the ten- aut, by means of the distress or threatened distress, in excess of the rent recoverable in accordance with the provisions of the prin- cipal Ordinance ;
(b) any costs recovered or obtained from the ten- ant by means of the distress or threatened distress; and
(c) damages, not exceeding two hundred and
fifty dollars.
6. Every person who shall mala fide do any act what- soever with intent to induce the lessee of any domestic tenement to give up possession of such domestic tene- ment shall be liable upon summary conviction to a fine not exceeding one thousand dollars.
7. Notwithstanding anything contained in the prin- cipal Ordinance or in this Ordinance, any bona fide notice to quit duly given by a lessor to a lessee in reliance on the provisions of paragraph (/) of subsection (1) of section 4 of the principal Ordinance, as amended by section 2 of this Ordinance, or in reliance on such provisions and on the provisions of section 8 of this
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THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 4, 1921.
Ordinance, and given in accordance with the provisions of the said paragraph, so amended, shall operate so as to bind all sub-lessees deriving title directly or in- directly from the lessee to whom such notice shall have been given.
8. If the owner of any domestic tenement agrees to Notice to sell such domestic tenement to a purchaser who bona quit given fide intends forthwith to pull down such domestic tene- enure for
by vendor to
ment or to reconstruct such domestic tenement to such benefit of an extent as to make such domestic tenement a new purchaser in building within the meaning of the Public Health and certain cases. Buildings Ordinance, 1903, and if such owner agrees Ordinance with such purchaser to give the necessary notices to No. 1 of 1903. quit, any notice to quit given by such owner in pursu- ance of such agreement shall enure for the benefit of such purchaser as if such purchaser had been the owner at the time when such notice to quit was given and had given such notice to quit, provided that nothing in this section shall relieve such owner from the obliga- tion to state in writing at the time of giving such notice to quit whether such purchaser intends to pull down such domestic tenement or to reconstruct such domestic tenement, and in the latter case to state the exact nature of the reconstruction intended, and provided also that notwithstanding anything in this section the lessee shall have, in addition to any remedies which he may have against such owner, such remedies against such purchaser as he would have had if such notice to quit had been given by such purchaser.
9. If the lessee of any domestic tenement is adjudged Bankruptcy bankrupt neither the said lessee nor his trustee in of lessee. bankruptcy shall be entitled to claim any right or benefit under section 4 of the principal Ordinance in respect of the said domestic tenement by virtue of the tenancy, whether contractual or statutory, under which the said lessee held immediately before the making of the adjudication order.
Passed the Legislative Council of Hongkong, this 3rd day of November, 1921.
S. B. B. McELDERRY, Clerk of Councils.
Assented to by His Excellency the Governor, the
4th day of November, 1921.
471
رام
CLAUD SEVERN,
Colonial Secretary.
S
LS
HONGKONG.
No. 26 OF 1921.
I assent to this Ordinance.
R. E. STUBBS,
Governor.
4th November, 1921.
An Ordinance to extend for a further period the powers granted by the Mercantile Bank Note Issue Ordinance, 1911, to the Mer- cantile Bank of India, Limited, to make, issue, re-issue and circulate notes in the Colony.
472
THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 4, 1921.
Short title and
construction.
Ordinances Nos. 65 of 1911 and 4 of 1913.
Extension for a further period of the
powers granted by Ordinance No. 65 of 1911, s. 7.
Saving of the rights of
the Crown and of certain
other rights.
[4th November, 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 Mercantile Bank Note Issue Ordinance, 1921, and shall be read and construed as one with the Mercantile Bank Note Issue Ordinances, 1911 and 1913, and the said Ordinances and this Ordinance may be cited together as the Mercantile Bank Note Issue Ordinances, 1911 to 1921.
2. Notwithstanding anything contained in section 7 of the Mercantile Bank Note Issue Ordinance, 1911, relating to the termination by effluxion of time of the powers granted to the company by that Ordinance, but subject in all other respects whatsoever to the provisions of the Mercantile Bank Note Issue Ordinances, 1911 and 1913, it shall be lawful for the company to make, issue, re-issue and circulate notes until and including the 13th day of August, 1929, after which date the company shall cease to issue or re-issue notes but shall redeem any notes which it shall have previously issued or re-issued.
3. Nothing in this Ordinance shall affect or be deemed to affect the rights of His Majesty the King His heirs and successors or the rights of any body politic or corporate or of any other person except such as are men- tioned in this Ordinance and those claiming by, from or under them.
Passed the Legislative Council of Hongkong, this 3rd day of November, 1921.
S. B. B. McELDERRY, Clerk of Councils.
Assented to by His Excellency the Governor, the
4th day of November, 1921.
CLAUD SEVERN,
Colonial Secretary.
Short title.
Incorpora- tion.
LS
HONGKONG.
No. 27 OF 1921.
I assent to this Ordinance.
R. E. STUBBS,
Governor.
4th November, 1921.
An Ordinance for the incorporation of the Christian Brothers School known in French as "L'Institut des Frères des Écoles Chrétiennes" and known in Hongkong as "St. Joseph's College.
11
[4th November, 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 St. Joseph's College Incorporation Ordinance, 1921.
2. The Director in Hongkong of St. Joseph's College and his successors for the time being in the office of the Director in Hongkong of St. Joseph's College shall be a body corporate (hereinafter called "the Corpora-
1
THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 4, 1921.
66
tion"), and shall have the name of The Director in Hongkong of St. Joseph's College" and by that name shall and may sue and be sued in all Courts in the Colony, and shall.and may have and use a common seal and the said seal may from time to time break, change, alter, and make anew as the said Corporation may see fit.
3. The Corporation shall have full power :-
(a) subject to the licence of the Governor having been previously obtained in each case to acquire, accept leases of, purchase, take, hold, and enjoy, any immovable property situate in the Colony.
(b) to sell, assign, surrender, yield up, transfer, mortgage, charge, demise, reassign, or other- wise dispose of and deal with any immovable property vested in the Corporation upon such terms as to the Corporation may seem fit. (c) to invest moneys on mortgage of any immov- able property in the Colony or in or upon such other securities as to the Corporation may seem fit.
Powers of Corporation.
4. The pieces or parcels of ground respectively regis- Vesting of tered in the Land Office at Victoria in this Colony as properties. Inland Lots Nos. 1506 and 1642, Rural Building Lot No. 30, Sub-section 1 of Section A of Kowloon Inland Lot No. 576 and The Remaining Portion of Section A of Kowloon Inland Lot No. 576, together with all rights, privileges, easements and appurtenances respec- tively belonging or appertaining thereto or therewith usually held, occupied and enjoyed, are hereby trans- ferred to and vested in the Corporation subject to the payment of the rents and the performance of the covenants and conditions reserved by and contained in the respective Crown leases thereof.
5. All deeds and other instruments requiring the Execution of seal of the Corporation shall be sealed in the presence documents. of the person who is for the time being the Director in Hongkong of St. Joseph's College or of his attorney duly authorised, and such deeds and instruments and all other documents instruments and writings requiring the signature of the Corporation shall be signed by such Director in Hongkong or his attorney.
6. No assignment by way of sale of the said pieces Consent to or parcels of ground respectively registered in the Land sales of lands. Office at Victoria aforesaid as Inland Lots Nos. 1506 and 1642, Rural Building Lot No. 30, Sub-section 1 of Section A of Kowloon Inland Lot No. 576 and The Remaining Portion of Section A of Kowloon Inland Lot No. 576, or any other lands, buildings, messuages or tenements situate in this Colony which may at any time hereafter be vested in the Corporation, shall be valid without the authority of the Supérieur Général of the Society of Christian Brothers known in French as "L'Institut des Frères des Écoles Chrétiennes" such authority to be signified in writing signed by the said Supérieur Général.
7. (1.) Brother Marcian James, at present Director in Appointment Hongkong of St. Joseph's College, having furnished to of Director. the Governor satisfactory evidence of his appointment to the said office, shall for the purposes of this Ordinance be deemed to be the Director in Hongkong of St. Joseph's College until the appointment in his stead of some other person as such Director.
(2.) When any other person is appointed to the office of Director in Hongkong of St. Joseph's College, such person shall within three weeks after his appointment or within such further time as may be allowed by the Governor furnish to the Governor satisfactory evidence of his appointment.
473
474
THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 4, 1921.
Saving rights
(3.) A notification in the Gazette under the hand of the Colonial Secretary that such evidence has been furnished to the Governor by such person shall be conclusive evidence of such appointment.
8. Nothing in this Ordinance shall affect or be of the Crown. deemed to affect the rights of His Majesty the King his Heirs and Successors or the rights of any body politic or corporate or of any other person except such as are mentioned in this Ordinance and those claiming by through or under them.
Passed the Legislative Council of Hongkong, this 3rd day of November, 1921.
S. B. B. McELDERRY, Clerk of Councils.
Assented to by His Excellency the Governor, the 4th day of November, 1921.
CLAUD SEVERN,
Colonial Secretary.
APPOINTMENTS, &c.
No. 456.-His Excellency the Governor has been pleased to appoint, provisionally and subject to His Majesty's pleasure, the Honourable Mr. ALEXANDER GORDON STEPHEN to be an Unofficial Member of the Executive Council during the absence from the Colony of the Honourable Mr. ERNEST HAMILTON SHARP, O.B.E., K.C., with effect from the 31st October, 1921.
4th November, 1921.
No. 457.-It is hereby notified that His Excellency the Governor has appointed the Land Officer for the time being to act for him and on his behalf for the purposes of entering into agreements in accordance with the Schedule of the Praya East Reclamation Ordinance, 1921, Ordinance No. 17 of 1921.
4th November, 1921.
No. 458.-His Excellency the Governor has been pleased to recognise Mr. José PEDRO BRAGA, provisionally and pending the issue of His Majesty's Exequatur, as Consul for Guatemala in Hongkong.
4th November, 1921.
NOTICES.
COLONIAL SECRETARY'S DEpartment.
No. 459.-Notification No. 435 published in the Gazette of the 28th October, 1921, is amended by the addition of the following at the end thereof :-
Pursuant to Resolution No. 1 above, it is hereby ordered by His Excellency the Governor that light dues shall continue to be collected at the rates laid down in Table P of the Schedule to the Merchant Shipping Ordinance, No. 10 of 1899.
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