TRADE MARKS REGISTER (RECONSTRUCTION) ORDINANCE

CHAPTER 262.

TRADE MARKS REGISTER (RECONSTRUCTION).

To authorize and provide for the reconstruction of the
Register of Trade Marks formerly kept under the Trade
Marks Ordinance, (Chapter 43 of the Revised Edition)
and to amend and modify the application of the said
Ordinance.

[9th February, 1948.]

1. This Ordinance may be cited as the Trade Marks
Register (Reconstruction) Ordinance, and shall be, construed
and take effect as one with the Trade Marks Ordinance, here-
inafter referred to as the principal Ordinance.

2. In this Ordinance-
'new register' means any register kept by, the Registrar for
the purpose of complying with section 4 Of thC principal
Ordinance, not being a register kept by the Registrar
prior to the 25th day of December, 1941
'old register' means the register of trade marks which,
prior to the 25th day of December, 1941, was kept by
the Registrar under scctiOn 4 of the principal Ordinance.

3. (1) Any person claiming to have been the registered
proprietor of a trade mark registered in the old register or to
have become entitled thereto by assignment, transmission or
other operation of law may, within two years from the corn-
mencement of this Ordinance, apply in writing to the
Registrar in the prescribed manner for the registration of such
trade mark and for the appropriate entries to be made to show
that he is the registered proprietor thereof. Any such
application shall be supported by such evidence as is neces-
sary to substantiate the claim.

(2) In the event of such application being made in the
name of the person who was registered as the proprietor of
the trade mark in the old register it shall be made in Form
i of the Schedule to this Ordinance. In every other case it
shall be made in Form 2 of the Schedule to this Ordinance.
In addition to any other fees prescribed, a fee of twenty
dollars shall be payable upon every such application.





(3) If, upon receipt of such application and the evidence
in Support, the Registrar is satisfied that the applicant is
entitled to be registered as the proprietor of a trade mark
previously registered in the old register, he shall register the
trade mark in the new register and shall make all entries
necessary and appropriate to show that the applicant is the
registered proprietor thereof.

4. If the applicant is in possession of the original
certificate of registration he shall produce the same to the
Registrar who shall indorse thereon the fact of registration
in the new register in Form 3 of the Schedule to this
Ordinance.

5. Where the applicant fails to produce to the registrar
the original certificate of registration the Registrar, if he is
satisfied by other evidence that the applicant is entitled to
be registered as the registered proprietor of a trade mark,
shall prepare a fresh certificate of registration and shall
indorse thereon the fact of registration in the new register in
Form 4 of the Schedule to this Ordinance.

6. Where there is no evidence before the Registrar as
to the date of the original application for registration upon
which registration in the old register was made or where such
evidence as there may be is unsatisfactory the Registrar shall
register as the date of such application the date of the Gazette
notification by which application for registration of the trade
mark was first advertised and thereafter, unless and until the
actual date of the receipt of the original application shall
have been satisfactorily ascertained and entered on the new
register, the date of such Gazette notification shall for the
purposes of this Ordinance and of the principal Ordinance
be deemed to be the date of registration.

1 7. A trade mark which was registered in the old
register and is not, within two years of the commencement
of this Ordinance, also registered in the new register shall
not be deemed to be a registered trade mark.

8. (1) If the expiration of the last registration of a
trade mark has occurred or occurs before the commencement
of this Ordinance or will occur after the commencement of





this Ordinance and before or within six months after
registration has been effected under section 3 hereof, the
provisions of the principal Ordinance and of the Trade Marks
Rules shall apply with the modifications hereinafter
appearing.

(2) If the expiration of the last registration of a trade
mark will occur after the commencement of this Ordinance
but before or within six months after registration has been
effected under section 3 hereof, then such registration and the
renewal thereof shall be effected simultaneously and the
Registrar shall refuse to effect registration save upon pay-
ment of the prescribed renewal fee.

(3) If the expiration of the last registration of a trade
mark has occurred or occurs before the commencement of this
Ordinance, then-
(a)if notification has been given in the Gazette that the
trade mark has been removed from the old register,
section 31 of the principal Ordinance shall apply as
if the period from the 6th day of December, 1941,
to the commencement of this Ordinance (both in-
clusive) were excluded from the computation of the
period of one year after the date when a trade mark
has been removed from the register referred to in
that section ; and
(b)if no such notification has been given renewal may
be effected within two years after the commencement
of this Ordinance: Provided always that in any
such case registration under section 3 hereof and
the renewal thereof shall be effected simultaneously
and the Registrar shall refuse to effect registration
save upon payment of the prescribed renewal fee.

(4) Subsection (3) of this section shall not apply to any
trade mark which has been removed from the register prior
to the 6th day of Decernber, 1941.

(5) If through some mistake or omission contrary to the
provisions of this section renewal is not effected simul-
taneously with registration under section 3 or the prescribed
renewal fee has riot been paid then notwithstanding anything
contained in section 30 of the principal Ordinance or in Rule
58 of the Trade Marks Rules, the Registrar shall proceed in
like manner as if he had duly sent notice in the prescribed





manner to the registered proprietor at the prescribed time
before the expiration of the last registration of the trade rnark
and the principal Ordinance and the said rules shall apply
and have effect as if such notice had been duly sent as afore-
said.

9. (1) A fresh application for registration shall be
required in the case of any application for registration
pending but undisposed of in December, 1941.

(2) If such trade mark is subsequently registered section
41 of the principal Ordinance shall, in the case of such trade
mark, be read and construed as if for the words 'the date of
such original registration' contained in line four thereof
there had been substituted the words 'the commencement
of the Trade Marks (Reconstruction) Ordinance (Chapter 262
of the Revised Edition)'.

(3) Notwithstanding the provisions of subsection (i) of
this section registration shall be effected as of the date of
receipt of the application pending in December, 1941, Or, if
such date cannot be satisfactorily ascertained, then the date
of the Gazette notification by which application for regis-
tration of the trade mark was first advertised.

10. It shall be lawful for the Governor in Council to
make rules for regulating practice and procedure under this
Ordinance, and without prejudice to the generality of the
foregoing power, such rules may prescribe fees and forms
and such rules may rescind or amend in any way whatsoever
subsection (2) of section 3 and section 4, 5 or 8. [12

SCHEDULE.

FORM 1. [s. 3 (2).]
TRADE MARKS REGISTER (RECONSTRUCTION)
ORDINANCE.
(Chapter 262 of the Revised Edition).

APPLICATION FOR REGISTRATION IN THE NEw REGISTER OF A TRADE
MARK PREVIOUSLY REGISTERED IN THE OLD REGISTER.
One representation identical with
the trade mark previously
registered in the old register to





be fixed here. Representations of
a large size may be folded but
must then be mounted upon linen
or strong paper and affixed hereto.
Three additional representations
are to be sent on separate sheets.

Application is hereby made for the registration in the new
register of the accompanying trade mark previously registered in
the name of ...........................................................................
in the old register as No.of 19 , in Class ...............
in respect of ...........................................................................
This application is made in the name of ..............................
.....................of (address and description)
who claims to be the proprietor of the said trade mark.

*expired
The last registration of the said trade mark *will expire
on the ...day of ...........19

...................
(Signature)

DATED this ..day of .........19

TO: The Registrar of Trade Marks,
HONG KONG.
* Delete whichever is not applicable.

FORm 2. [s. 3 (2).]

TRADE MARKS REGISTER (RECONSTRUCTION)
ORDINANCE.
(Chapter 1162 of the Revised Edition).

APPLICATION FOR REGISTRATION IN THE NEw REGISTER OF A TRADE
MARK PREVIOUSLY REGISTERED IN THE OLD REGISTER.

One representation identical with
the trade mark previously
registered in the old register to
be fixed here. Representations of
a large size may be folded but
must then be mounted upon linen
or strong paper and affixed hereto.
Three additional representations
are to be sent on separate sheets.
Application is hereby made for the registration in the new
register of the accompanying trade mark previously registered in
the name of ...........................................................................
in the old register as No.of 19 , in Class ...............
in respect of ...........................................................................
This application is made in the name of ..............................
who claims to be the proprietor of the said trade mark.





STATEMENT OF DEVOLUTION or TITLE.
(To be completed where application is made by a person who was
not registered as the proprietor in the old register)
*expired
The last registration of the said trade mark *will expire
on the ..day of ............19

..................................
(Signature)

DATED this .day o f ..........,19

TO: The Registrar of Trade Marks,
HONG KONG.
* Delete whichever is not applicable.

FoRm 3. [s. 4.]
TRADE MARKS' REGISTER (RECONSTRUCTION)
ORDINANCE.
(Chapter 262 of the Revised Edition).

Particulars of this trade mark were recorded in the register
on.......the .............day of 19

Registrar of Trade Marks.

FORm 4. [s. 5.]
TRADE MARKS REGISTER (RECONSTRUCTION)
ORDINANCE.
(Chapter 262 of the Revised Edition).

FRESH CERTIFICATE OF REGISTRATION.
(Original stated to have been lost)
Particulars of this trade mark were recorded in the register
on.......the .............day of 19

Registrar of Trade Marks.

(Note : As at the 1st September, 195o, there existed no rules
under section io of the above Ordinance)
33 of 1947. 9 of 1950. Short title. (Cap. 43.) Interpretation. Application for registration in new register. Schedule. Forms 1, 2. Procedure where original certificate of registration is produced. Schedule. Form 3. Procedure where original certificate of registration is not produced. Schedule. Form 4. Procedure where date of receipt of original application for registration is unknown. Effect of failure to register. 9 of 1950, Schedule. Renewals. [s. 8 cont.] Applications pending in 1941. Power of Governor in Council to make rules. Schedule cont. Schedule cont.

33 of 1947. 9 of 1950. Short title. (Cap. 43.) Interpretation. Application for registration in new register. Schedule. Forms 1, 2. Procedure where original certificate of registration is produced. Schedule. Form 3. Procedure where original certificate of registration is not produced. Schedule. Form 4. Procedure where date of receipt of original application for registration is unknown. Effect of failure to register. 9 of 1950, Schedule. Renewals. [s. 8 cont.] Applications pending in 1941. Power of Governor in Council to make rules. Schedule cont. Schedule cont.

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RENT (WAR PERIOD) RELIEF ORDINANCE

CHAPTER 261.

RENT (WAR PERIOD) RELIEF.

To relieve tenants frorn, payment of rent in respect of the
period of Japanese occupation and to adjust the rights of
landlords and. tenants.

[27th August, 1948.]

1. This Ordinance may be cited as the Rent (War
Period) Relief Ordinance.

2. In this Ordinance--
'landlord' and 'tenant' shall include their respective
executors, administrators and assigns;
'Premises' means the premises subject to a tenancy whether
such tenancy was for domestic, office, professional,
business, trade or other purposes and includes a pier or
wharf ;
'tenant' includes the Crown, a sub-tenant and a statutory
tenant but does not include an), person holding directly
from the Crown;
'war period- means the period commencing with the 8th
day of December, 1941, and ending with the 16th day of
September, 1945.

3. Save as hereinafter expressly provided-
(a)all claims for payment of rent payable for any
premises in respect of any, period comprised in the
war period shall be deerned to have been waived ;
(b)no court shall entertain any such claim whether
the same be advanced by way of claim, counter-
claiin or set-off or howsoever the same may be
advanced.

4. (1) It is hereby declared that section 3 shall riot
apply-
(a)to any rent actually paid to or received by landlord
or his agent;
(b)to any rent or other consideration paid or due in
pursuance of any agreement arrived at between land-
lord and tenant by way of settlement of claims by
the landlord for the rent of any premises in respect
of the war period or part thereof.





(2) Section 3 shall not apply to any tenancy in respect of
which the tenant, after the commencement of this Ordinance,
makes a claim against the landlord for breach of the covenants
on the landlord's part, express or implied, occurring during
the war period : Provided that section 3 shall nevertheless
apply if in the case of a breach occurring during the war
period but continuing thereafter the claim is limited to
breaches continuing subsequent to the war period.

5. Where, by virtue of the law which would be applic-
able if this Ordinance had not been passed, a landlord would
have been entitled to claim rent against a tenant, and property
belonging to the tenant remained on the premises and was
subsequently restored to the tenant by or on behalf of the
landlord, there shall be payable to the landlord, by the tenant,
such a sum as will fairly compensate the landlord for suffering
such property to remain on the premises and for his care
thereof and for any expenses incurred in preserving the same.

6. The compensation referred to in the preceding section
shall, in default of agreen-ient, be ascertained by submission
to the arbitration of two arbitrators, one to be appointed by
either party, and ruICS 2 to 13 Of Order XXV of the Code of
Civil Procedure shall apply to any such submission in like
manner as if this section were a written agreement by the
parties to submit their differences to arbitration.

7. The Crown shall be entitled to the benefit of this
Ordinance.
44 of 1948. Short title. Interpretation. Rent during the war period irrecoverable, save as hereinafter provided. Provision for payment of rent in certain cases. Compensation to landlord where tenant's property stored on premises and ultimately restored. Submission of claim, in default of agreement, to arbitration. (Cap. 4, rules.) Crown entitled to benefit of Ordinance.

44 of 1948. Short title. Interpretation. Rent during the war period irrecoverable, save as hereinafter provided. Provision for payment of rent in certain cases. Compensation to landlord where tenant's property stored on premises and ultimately restored. Submission of claim, in default of agreement, to arbitration. (Cap. 4, rules.) Crown entitled to benefit of Ordinance.

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PROTECTED PLACES (SAFETY) ORDINANCE

CHAPTER 260.

PROTECTED PLACES (SAFETY).

To make better provision, for the safety of places declared to
be protected places.
[9th December, 1946.]

1. This Ordinance may be cited as the Protected Places
(Safety) Ordinance.

2. In this Ordinance-
'authorized guard' means any person authorized by the
Governor to discharge duty as a guard or sentry in, at
or over a protected place;
'protected place' means any premises declared by an order
of the Governor made under this section to be a protected
place for the purposes of this Ordinance.

3. (1) It shall be lawful for the Governor by order to
authorize any person to act as an authorized guard.

(2) Such authority may be given in general terms to
any member of His Majesty's armed forces or to any class
of persons.

4. (1) It shall be the duty of an authorized guard-
(a) to protect and prevent the theft of or damage to any
property in or upon a protected place;
(b) so far as consistent with the proper discharge of any
other duty imposed upon him by this Ordinance to
arrest or assist in effecting the arrest of
(i) any person whorn he finds in, or in the
immediate vicinity of, a protected place and reason-
ably suspects of entering, or attempting, or intending
to enter such place without proper authority, or of
having acted illegally or otherwise without proper
authority within such place;
(ii) any person whorn he reasonably suspects of
having committed an offence against this Ordinance ;
(c)to coniply with an), direction given to him under
subsection (2) :
Provided that any person arrested by an authorized guard
shall be handed over to member of the police force as soon
as conveniently may be.





(2) It shall be lawful for the Governor and for any
person delegated in that behalf by the Governor to give
directions as to the manner in which authorized guards are
lo discharge the duties and exercise the powers imposed and
conferred upon them by this Ordinance.

5. Subject as hereinafter provided and to any contrary
direction under subsection (2) Of section 4, it shall be lawful
for an authorized guard in carrying out his duties under this
Ordinance to discharge firearms-
(a) at any person whom he reasonably believes to be
about to enter or leave a protected place and who
fails to halt when challenged;
(b)at any person whom he reasonably believes to be
in the act of breaking into a protected place;
(c)at any person whom he has reason to believe is or
has been stealing or is or has been committing any
offence punishable under the A4alicious Damage
Ordinance, in such protected place and who fails to
halt when challenged;
(d)at any person forming part of a group of three or
more persons engaged in throwing stones or other
articles at such authorized guard which he has reason
to believe may cause him grievous bodily harm.

6. Nothing in section 5 contained shall authorize an
authorized guard-
(a)to discharge firearms at any person if such person
can be apprehended or prevented from escaping by
any other lawful means consistent with the duties
of such authorized guard under this Ordinance;
(b)to discharge firearms with intent to cause greater
harm to any person than is reasonably necessary
for the discharge by such authorized guard of his
duties under this Ordinance.

7. Where any authorized guard has in the course of
duty discharged firearms he shall until the contrary is proved
be deemed to have been acting within the scope of the
authority conferred upon him by this Ordinance.





8. Any person who-
(a) fails to halt when challenged by an authorized
guard;
(b) resists or obtructs, or aids or incites any person to
resist or obstruct, an authorized guard in the dis-
charge of the duties imposed upon him by this
Ordinance or in exercise of the powers hereby
conferred ;
(c) is found in or loiters in the immediate vicinity of a
protected place and is unable when charged before
a magistrate to satisfy such magistrate that he was
there for a lawful purpose;
(d)being a person who is unauthorized to enter a
protected place fails to leave the immediate vicinity
thereof when requested to do so by an authorized
guard or a member of the police force;
shall be guilty of an offence and liable on summary conviction
to a fine of two hundred and fifty dollars and to imprison-
ment for six months.

9. (1) It shall be lawful for the Governor by proclama-
tion from time to time as he shall deem fit to declare the
suspension of the operation of this Ordinance with effect from
the date named in such proclamation and it shall be lawful
for the Legislative Council by resolution to declare that such
suspension shall terminate. Upon the termination of such
suspension this Ordinance and any order, authorization or
direction made or given under this Ordinance and in force at
the date of such suspension shall be and continue of full
force and effect.

(2) The suspension of the operation of this Ordinance
in manner provided by subsection (i) shall not affect the
validity of anything done or any proceedings commenced
under this Ordinance, or affect any liability or any penalty
incurred under this Ordinance, prior to the date of such
suspension.





(Subsidiary legislation under this Chapter, with sub-
sequent aniendments (if any) incorporated, is set out under
the following short titles-

Date. Short. Title. Page.

13th December, 1946. Protected Places (Authorized
Guards) Order, 1946 ...............129
27th January, 1950. Protected Places (Declara-
tion) Order, 1950 .................130)

Regulations made under Chapter 260, section 3.
[13th December, 1946.]

His Excellency the Governor has authorized the following to act
as authorized guards under the said Ordinance-

1. In respect of any protected place under the control of the
Senior Military Officer Commanding in command of His Majesty's
regular troops in the Colony-any member of His Majesty's Forces
or of the Royal Naval Dockyard Police or any watchman as may
from time to time be detailed to act as an authorized guard in
any such protected place by or under the authority of such Senior
Military Officer.

2. In respect of any protected place under the control of the
Commodore-any member of His Majesty's Forces or of the Royal
Naval Dockyard Police or any watchman as may from time to
time be detailed to act as an authorized guard in any such pro-
tected place by or under the authority of the Commodore or other
officer of His Majesty's Navy discharging the duties thereof.

3. In respect of any protected place under the control of
the Air Commodore-any member of His Majesty's Forces or of
the Royal Naval Dockyard Police or any watchman as may from
time to time be detailed to act as an authorized guard in any
such protected place by or under the authority of the Air Com-
modore. For the purposes of this paragraph the expression 'the
Air Commodore' shall include the Air Officer Commanding. And
in further exercise of the aforesaid powers His Excellency has
directed that nothing in the said authorization contained should
be deemed to authorize the detailing by any of the aforesaid officers
of any person under the command of another officer save with
the consent of such lastly-mentioned officer.

4. This order may be cited as the Protected Places (Authorized
Guards) Order, 1946.





PROTECTED PLACES ORDER.
Order made under Chapter 260, section 2.
[27th January, 1950.]

1. This order may be cited as the Protected Places Declara-
tion Order, 1950.

2. The places in the Schedule hereto are hereby declared lo
be Protected Places.

SCHEDULE.

(map references refer to map HIND 1009, 3rd edition)
Item. Location. Remarks.
1. H. M. Dockyard. Area bounded by Murray Road,
Queen's Road East and Arsenal
Street.
2. Kowloon Dockyard. Area bounded by Navy Street,
Canton Road and Jordan Road.
3. Stonecutters Island. Position 114' 07' -SE; 22' 19'
-3N.
4. Shouson Hill Magazines. 572943,
5. The Combined Services The military area bounded by
Headquarters area. Queen's Road Central, Garden
Road, awire fence joining
Garden Road to Kennedy Road,
Kennedy Road, and a wire fence
joining Kennedy Road to
Queen's Road Central.

6. Clearwater Bay Camp. 665045.
7. Administrative Area, 545049.
Shamshuipo.
8. Ordnance Depot, 548046.
Shamshuipo. Area bounded by
Kiu Kiang Street,
9. Detail Issue Depot, 547042. Apliu Street,
Shamshuipo. Tonkin Str., (sea)
and Un Chau
10. Engineer Stores Depot, Street.
Shamshuipo.
11. Forward Supply Depot,
Shamshuipo.
12. No. 1 Ordnance Vehicle 575045 surrounded by high wall
Park, Kowloon Tsai. and perimeter wire fence.





Item. Location. Remarks.
13. Kai Tak Airport, R.A.F. Thearea enclosed between the
following points and bounded by
the perimeter fence:
584037 (Sacred Hill) following the
Nullah to point 584042-follow-
ing the Sai Kong Road to its
intersectionwith Customs Pass
Road 600049-continuing along
the road towards Tai Wan Tsun
Village to 613036-thence along
the sea wall to point 584037.
14. Flying Boat & Marine The area enclosed between the sea
Craft Anchorage, R.A.F. wall which constitutes the south-
ern boundary of Kai Tak Air-
port, andpoints 584036 and
609035.

15. 367 Signals Unit. Tai Po Tsai 664057.
16. Command Workshops, 548044 Area bounded by Tai Nam
Shamshuipo. Street, Yen Chow Street, Cheung
Sha Wan Road, and a line
parallel to and 165 feet distant
from Yen Chow Street.

17. R.A.F. Signals Station, On summit of Taimoshan, 506142,
Taimoshan. bounded by perimeter fence.
18. R.A.F. Signals Station, 370178 bounded by perimeter fence.
Ping Shan.

19. Department of Civil North side of Saikung Road
Aviation hangar 598052.
Kai Tak.

20. No. 3 Ordnance Sub-Depot, 585995 surrounded by a perimeter
North Point Wharf. wire fence with the sea on one
side.
21. R.A.F. Explosive Area. 583056 N. W. of Kai Tak Airfield
bounded by a fence.
22. Green Island and Little Position: 22' 17' 10' North, 114'
Green Island. 06' 41' East.
16 of 1946. 53 of 1947. Short title. Interpretation. 53 of 1947, s. 2. Power for the Governor to authorize any person to act as an authorized guard. Duties of authorized guards. 53 of 1947, s. 3. Power for authorized guards to discharge firearms. (Cap. 211.) Limitation on power to discharge firearms. Onus of proof. Penalty. 53 of 1947, s. 4. Power to suspend operation of the Ordinance. Saving. 53 of 1947, s. 5. Notification G.N. 682/46. Places under control of Military. Places under control of Navy. Places under control of air force. Citation. Order G.N.A. 19/50. G.N.A. 45/50. Citation. Declaration of protected places. G.N.A. 45/50.

16 of 1946. 53 of 1947. Short title. Interpretation. 53 of 1947, s. 2. Power for the Governor to authorize any person to act as an authorized guard. Duties of authorized guards. 53 of 1947, s. 3. Power for authorized guards to discharge firearms. (Cap. 211.) Limitation on power to discharge firearms. Onus of proof. Penalty. 53 of 1947, s. 4. Power to suspend operation of the Ordinance. Saving. 53 of 1947, s. 5. Notification G.N. 682/46. Places under control of Military. Places under control of Navy. Places under control of air force. Citation. Order G.N.A. 19/50. G.N.A. 45/50. Citation. Declaration of protected places. G.N.A. 45/50.

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PENSIONS (SPECIAL WAR APPOINTMENTS) ORDINANCE

CHAPTER 259.

PENSIONS (SPECIAL WAR APPOINTMENTS).

To Provide for the granting of pensions in respect of a
Period of seroice during the war by a person in His
Majesty's forces which intervened between an appoint-
ment of that person to the Colonial Service by the
Secretary of State and the actual taking up by him of
the duties of the appointment.

[12th November, 1948.]

1. This Ordinance shall be cited as the Pensions
(Special War Appointments) Ordinance, and shall be read
as one with the Pensions Ordinance.

2. The officer named in the First Column of the
Schedule hereto shall be deemed for all purposes to have
held a pensionable office from the respective dates set out
in the Second Column of the said Schedule.

3. It shall be lawful for the Governor in Council by
order to add to the Schedule to this Ordinance.

SCHEDULE.
61 of 1948. Short title. (Cap. 89.) Application of Ordinance by Schedule. Amendment of Schedule.

61 of 1948. Short title. (Cap. 89.) Application of Ordinance by Schedule. Amendment of Schedule.

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MARRIAGE (WAR PERIOD) (VALIDITY) ORDINANCE

CHAPTER 258.

MARRIAGE (WAR PERIOD) (VALIDITY).

For the removal of doubts as to the validity of certan
marriages celebrated in Hong Kong after the outbreak
of hostilities with Japan.
[18th June, 1948.]

1. This Ordinance may be cited as the Marriage
(War Period) (Validity) Ordinance, and shall be construed
as one with the Marriage Ordinance, hereinafter referred
to as the principal Ordinance.

2. In this Ordinance-
'war period' ineans the period from the 8th day of
December, 1941, to the 15th day of October, 1945 ;
'Registrar' means the Registrar of -Marriages under the
principal Ordinance and includes a deputy registrar.

3. Save as hereinafter appears this Ordinance shall
Apply to all marriages celebrated in the Colony during the
war period except non-Christian customary marriages cele-
brated according to the personal law and religion of the
parties.

4. A marriage celebrated in the Colony during the
war period shall not be deemed invalid by reason of its
having been celebrated in a place which had not been duly
licensed under section 3 of the principal Ordinance or with-
out compliance with the requirements of such Ordinance
concerning notice of marriage, certificate of notice, licence
or competency of the officiating minister and subject as is
herein provided, all such marriages are hereby declared to
be and always to have been valid.

5. Nothing in this Ordinance shall validate an
marriage which was invalid on the ground of kindred or
affinity, or because one of the parties was under the age
of sixteen years, or any inarriage which would have been
invalid notwithstanding compliance with all the require-
ments of the said Ordinance, or any marriage which before
the commencement of this Ordinance has been declared
invalid by a court of competent jurisdiction : Provided





further that where any marriage to which this Ordinance
applies would, but for this Ordinance, have been invalid
and either party has subsequently during the life of the
other party, but before the commencement of this Ordin-
ance, lawfully married any other person, this Ordinance
shall not render the first marriage valid or affect the validity
of the subsequent marriage.

6. No minister who has complied with scction 7 shall
be liable to any penalties under the principal Ordinance
in respect of any matter referred to in section 3 hereof and
no proceedings shall be taken without the consent of the
Attorney General against a minister who has not so
complied in respect of a marriage to which this Ordinance
applies.

7. Every minister who has officiated at a marriage
to which this Ordinance applies and who has not already
given the parties a certificate in the prescribed form under
the principal Ordinance shail, at the request of either party,
give such a certificate: Provided that if such minister
satisfies the Registrar that he is unable to give such a
certificate because he is unable to secure the signature of
the two witnesses to the marriage and has no certificate
with their signature in his possession or because he is unable
to obtain information necessary to enable hirn to complete
the certificate, it shall suffice if the officiating minister, with
the consent of the Registrar, gives a certificate which, in
lieu of being signed by two witnesses of the marriage, states
the name of two such witnesses and gives such information
as he and the parties or either of them are able to supply.

8. A certificate in the prescribed form under the prin-
cipal Ordinance whether given before or after the
commencement of this Ordinance or a certilicate in the
alternative form authorized by the preceding section if
countersigned by the Registrar shall, if given in respect of
a marriage to which this Ordinance applies, be admissible
as evidence of the marriage to which the same relates in
any court or before any person having by law or by consent
of parties authority to receive evidence.

9. (1) The Registrar shall collect and preserve in a
register in a convenient form such information in relation





to marriages to which this Ordinance applies as has already
been or may subsequently be, furnished to hirn, and shall
for a fee of five dollars supply any person requiring it
with the information in his possession regarding a parti-
cular marriage.

(2) The Registrar shall enter in a convenient place in
such register the fact of his consent in any particular case
to the form of certificate secondly referred to in section 7,
and shall note on such certificate that his consent was
obtained and sign the sarrie.

10. The Governor in Council rnay make regulations
prescribing-
(a) rules, forms and fees for any application by an
officiating minister for the Registrar's cosent
under section 7 and for information under section
9;
(b)for further cases in which an officiating minister
should be relieved from penalties notwithstanding
that he has been unable to give any certificate
under section 7 ;
(c) generally for carrying this Ordinance into effect.
(Note :As at the ist September, 1950, there existed no
regulations under section 10 of the above Ordin-
ance.)
25 of 1948. Short title. (Cap. 181.) Interpretation. Application. Validation of marriages celebrated during the war period. Prevailing ground of validity. Relief against penalties applicable to ministers. Certificate by officiating minister. Effect of certificate of marriage issued by the officiating minister. [s. 9 cont.] Regulations.

25 of 1948. Short title. (Cap. 181.) Interpretation. Application. Validation of marriages celebrated during the war period. Prevailing ground of validity. Relief against penalties applicable to ministers. Certificate by officiating minister. Effect of certificate of marriage issued by the officiating minister. [s. 9 cont.] Regulations.

https://oelawhk.lib.hku.hk/items/show/2112

LAW AMENDMENT (TRANSITIONAL PROVISIONS) ORDINANCE

CHAPTER 257.

LAW AMENDMENT (TRANSITIONAL PROVISIONS).

To provide for the incorporation into the law of the Colony
of Provistoins of certain proclamations and matters done
thereunder promulgated during the British Military
Administration together with modifications of such pro-
visions and to ainend such Ordinances as are af
by such incorporation.
[1st May, 1946.]

1. This Ordinance may be cited as the Law Amend-
ment (Transitional Provisions) Ordinance.

2. (1) All laws, proclamations, orders, rules, regu-
lations and other acts whatsoever of a legislative character
made or issued during the British Military Administration
by or with the assent of any British military authority are
hereby repealed and cancelled except in so far as is herein-
after expressly provided to the contrary.

(2) All notices, appointments forms and permits given
made or issued under any of the laws, proclamations,
orders, rules, regulations and other acts hereinbefore
repealed and cancelled are likewise cancelled except in so
far as is hereinafter expressly, provided to the contrary.

(3) All requisitions valid or validated under the
requisitioning proclamation shall continue to have effect
until determined in such manner as the Governor may by
notification in the Gazette specify.

3. The proclamations of the British Military Ad-
ministration set out in the first column of the First Schedule
shall have effect as if the samne had been contained in
Ordinances enacted by the legislature of the Colony coming
into operation as from tile respective dates, if any, from
which such proclamations are expressed to take effect or as
from the respective dates of promulgation of the said
proclamations and shall as from the enactment of this
Ordinance have effect subject to the adaptations and
modifications contained in the second colum of the said
schedule.





4. (1) Any, rule, regulation or order made during the
British -Military Administration under any proclamation
contained in the First Schedule shall as frorn the date, if
any, from which it is expressed to take effect, or if there is
no such date, then as from the date of its promulgation,
have effect as if it had been lawfully rnade tinder the
provisions of an Ordinance enacted by the legislature of
the Colony and as from the enactment of this Ordinance.
shall have effect subject to the adaptations and modifications
contained in the.second column of the Second Schedule.

(2) Any matter or thing done tinder any proclamation
contained in the First Schedule or under any rule, regula-
tion or order comprised in the preceding subsection shall
have effect accordingly.

5. (1) Any order, regulation or other act made under
Proclamation No. 4 entitled Delegation of Powers
(Amendment), and Proclamation No. 16 entitled Military
Administration (Delegation), and contained in the Third
Schedule shall as from the date, if any, from which it is
expressed to take effect or, if there is no such date, then
as from the date of its promulgation, have effect as if it had
lawfully been made tinder the provisions of an Ordinance
enacted by the legislature of the Colony and as from the
enactment of this Ordinance shall have effect subject to
the adaptations and modifications contained in the Schedule
hereto.

(2) Any matter or thing done tinder any such order,
regulation or act comprised in the preceding subsection
shall have effect accordingly.

6. The Ordinances referred to in the first column of
the Fourth Schedule are hereby amended in the manner
appearing in the second column of the said Schedule.

7. (1) Notwithstanding the repeal of the Military
Courts Proclamation effected by section 2 hereof the pro-
visions of ArticICS 20, 22 and 23 and paragraph (1) of
Article 24 shall subject to the adaptations and modifica-
tions contained in subsection (2) continue in force to the
extent that the sarne are required to give effect to the pro-
visions of the Idemnity and Validating Ordinance, 1946,





containing the powers conferred on an appellate authority
by subsection (2) of section 4 of that Ordinance.

(2)(a) The appellate authority shall not exercise the
power to order a new trial, and
(b)the words 'appellate authority within the meaning
of the Indemnity and Validating Ordinance, 194C
shall be substituted for the words 'the Legal
Adviser' wherever such words appear in the said
Articles.

(3) Where any matter or thing has been done in
exercise of the powers conferred on any of the officers
specified in the right hand column of Order No. 1 made
under Article 1 of Proclamation No. 4 entitled Delegation
of Powers (Amendment), or under any amendment of such
order with reference to any enactment (including any
enactment of the British Alilitary Administration) which is
not repealed by this Ordinance such matter or thing shall
continue to have effect in like manner as if it had been
validly done by the corresponding authority specified
opposite the narne of any such officer in the left hand
column of such order.

(4 ) Save as hereinafter provided notwithstanding the
repeal by section 2 hereof of Order No. 5 made under
Article 1 of Proclamation No. 4 entitled Delegation of
Powers (Amendment), any petition for a grant of probate
or letters of administration which was pending before the
Standing Military Court under Order No. 5 aforesaid shall
be deemed to be pending before the Supreme Court in like
manner and with the like effect as if such petition and any
step in the proceedings taken thereafter had lawfully been
lodged and taken under the Probate and Administration
Ordinance. Provided that this subsection shall not apply
to any petition or any subsequent step which was not
lodged or taken in accordance with such Ordinance as
amended by Order No. 5 aforesaid.

8. The Governor in Council may by order from time
to time add to, alter or amend the provisions of the
Schedules hereto or any of them.





FIRST SCHEDULE. [ss. 3, 4, 8.]
PROCLAMATIONS INCORPORATED IN THE LAW OF THE COLONY.
PROCLAMATION. MODIFICATION.





13 The Opium Proclama-
tion.
(Note: The detail of this item is omitted as the effect of
this Proclamation has been consolidated into the Dangerous
Drugs Ordinance (Cap. 134) and the Proclamation is omitted
from the Revised Edition as spent.)
14 The Volunteer Forces
(Demobilization) Pro-
clamation.
(Note: The detail of this item is not given as the
Proclamation is omitted from the Revised Edition as having
had its effect.)
15 Landlord and Tenant
as amendend by the
Landlord and Tenant
(Amendment) Pro -
clamation.
(Note: The Proclamation was repealed and the detail of
this item rescinded by the Landlord and Tenant Ordinance
(Cap. 255).)

17 The Rating Proclma-
tion.
(Note: The substance of this itent was deleted by
G.N. 259/47 and the balance is omitted as spent .)

18 The Prevention of
Malaria Proclamation.
(Note: The Proclamsttion has been repealed by the Law
Revision (Miscellaneous Amendments) (No. 3) Ordinance,
1950.)




CAP. 257 Law Amendment (Transitional Provisions).



CAP. 257 Law Amendment (Transitional Provisions).

CAP. 257] Law Amendment (Transitional provisions).




28 The Venereal Diseases
(Compulsory Treat-
ment) Proclamation.
(Note: The Proclamation expired on the 31st December,
1947.)
29 The Stamp (occupa-
tion Transactions)
Proclamation.
(Note: The substance of the Proclamation has been
incorporated into the Stamp Ordinance (Cap. 117) by the
Law Revision (Miscellaneous Amendments) (No. 2) Ordinance,
1950, which repeals the Proclamation.)
30 Emergency Powers
(Extension) Proclama-
tion.
(Note: The last remaining effective portions of the
Proclamation expired on the 31st October, 1948 (G,N. 539/46)
and the detail is omitted herefrom.)

32 Postage Stamps Man-
agement Proclamation.
(Note: The substance of the Proclamation has been
incorporated into the Stamp Duties Management Ordinance
(Cap. 121) and the detail is omitted herefrom.)





PROCLAMATION. MODIFICATION,

No. Subject or Title. Article.
33 Trading with the
Enemy Ordinance
(Amendment) Pro-
clamation.
(Note: The substance of the Proclamation has been
consolidated into the Trading with the Enemy Ordinance (Cap.
.188) and the Proclamation is omitted from the Revised Edition
as spent.)
34 Miscellaneous Com-
modities Control and
Price Regulation.
(Note: The Proclamation has been replaced by various
enactments and is repealed by the Law Revision (Miscellaneous
Amendments) (No. 3) Ordinance, 1950.)
35 British Military Ad-
ministration (Cessa-
tion). Proclamation.
(Note: The Proclamation is omitted from the Revised
Edition as having had its effect.)

SECOND SCHEDULE. [ss. 2, 8.]
Modifications to Regulations, Rules and Orders made under
Proclamations incorporated in the law of the Colony.

Proclama-
tion under
which
Rule, Article Rule,
Regulationunder Regulation
or Order which orH.K. (B.M.A.) Gazette.
is made. made. Order. No. Vol. Date. Modifications.
Custodian 12 Regulation 3 1 15/11/45 Paragraph 6 shall
Proclama- 1 be deleted.
tion Exercise of
Custodian's
Powers
12 Regulation 3 1 15/11/45 In paragraph 2 (iii)
2 there shall be sub-
stituted for the
words 'the British
Military Adminis-
tration' the words
,,any enactment'.
In paragraph 4
there shall be sub-
stituted for the
words 'Chief Civil
Alfairs Officer' the
words 'Governor in
Council'.
(Note: Regulations 1 and 2 remain in force by virtue of
section 10 of the Revised Edition of the Laws Ordinance, 1948,
although omitted from the Revised Edition.)





Proclama-
tion under
which
Rule, Article Rule'
Regulationunder Regulation H.K. (B.M.A.) Gazette.
or Order which or No. Vol. Date. Modifications.
is made. made. Order.
Landlord 7 Regulations
and constituting
Tenant. Tenancy
Tribunals.
Landlord 7 Rules of
and procedure
Tenant. for Tenancy
Tribunals.
(Note: These regulations and these rules were rescinded by
the Landlord and Tenant Ordinance (Cap. 255).)

THIRD SCHEDULE. [ss. 5, 8.]
Orders made under powers conferred under Article 1 of the
British Military Administration Delegation of Powers (Amendment)
Proclamation which are incorporated in the law of the Colony and
modifications thereto.
ORDER. REFERENCE IN GAZETTE. MODIFICATION (if any).

No. Vol. Date.

Order 2
Registration of Imports and 3 1 15/11/45
Exports (No. 12 of 1922)
Regulations Amendment.
(Note: Amendments consolidated into regulations as printed.)

Order 3
Dangerous Buildings. 3 1 15/11/45
(Note: This item was deleted by G.N.A. 269/50.)

Order 4
As amended by Order 7, 3 1 15/11/45
Diesel Engined Junks and
Landing Places for Passen-
ger Junks.
(Note: This item was deleted by G.N.A. 269/50.)

Order 8
Amending Jury Ordinance, 4 1 24/11/45
1887.
(Note: The amendments effected by this item were repealed
by the Jury (Amendment) Ordinance, 1950.)

Order 9
Amending Harbour Dues. 6 1 8/12/45
(Note: The provisions amended by this item have been repealed
and replaced by G.N.A. 169/49.)





Regulations and Orders made under powers conferred under Third
Article 1 of Proclamation No. 16 British Military Administration Schedule
(Delegation) which are. incorporated in the law of the Colony and
modifications thereto.

REGULATION OR
ORDER. REFERENCE IN GAZETTE. MODIFICATION (if any).

No. Vol. Date.

Regulation , No. 1 being 1 2 5/1/46
Regulations under Stamp
Ordinance, 1921.
(Note: The provisions amended by this item have been repealed
and replaced by G.N.A. 125/50 and by the Law Revision (Miscel-
lancons Amendments) (No. 2) Ordinance, 1950.)

Regulation No. 2 being 2 2 12/1146
Regulations for landing fish
under Merchant Shipping
Ordinance, 1899.
(Note: This item was deleted by G.N. 872/47.)

Regulation No. 3 being an 14 2 1613/46
amendment of rules made
under the Boarding House
Ordinance, 1917.
(Note: This item was rescinded by G.N.A. 269150.)

Order dated 2nd January, 1, 2 5,11/46
1946 being an Order under
Peak Tramway Ordinance,
1883.
(Note: The provisions amended hereby have been repealed and
replaced by G.N. 670/46.)

Orders madj under the
Quarantine and Prevention
of Disease Ordinance, 1936,
relating to-
(a) Bangkok made on 5 2 2611146
24/1/46 Gazette Noti-
fication given
(b) Shanghai made on 10 2 23/2/46
20/2/46 Gazette Noti-
fication given
(c) Bangkok made on 11 2 2/3/46
28/2/46 Gazette Noti-
fication given





REGULATION OR
ORDER. REFERENCE IN GAZETTE. MODIFICATION (if any).

No. Vol. Date.

(d) Cant on made on 20 2 20/4/46
15/4/46 Gazette Noti-
fication given
(e) Amoy made on 25/4/46 21 2 27/4/46
Gazette Notification
given
(Note: These orders have since been cancelled, vide G.N.s 135,
573 and 627 of 1947 and G.N.A. 28/48 and G.N.A. 252/48.)

Order No. 1 being an Order 9 2 16/2/46
modifying Births and
Deaths Registration Ordin-
ance, 1934.
(Note: This item was deleted by G.N.A. 64/48.)

Order No. 3 being an Order 11 2 2/3/46
under the Estate Duty Or-
dinance, 1932.
(Note: This item was repealed by the Laiv Revision (Miscel-
laneous Amendments) Ordinance, 1950.)

Order No. 4 being an Order 11 2 2/3/46
under the Industrial and
Reformatotry Schools Ordin-
ance, 1932.
(Note: This item was deleted by G.N. 114/47.)

Order No. 6 being an Order 16 2 30/3/46
under the Quarantine and
Prevention of Disease Or-
dinance, 1936.
(Note: This item was deleted by G.N. 350/46.)

Order No. 7 being an Order 18 2 64/4/46
under the Water Works Or-
dinance, 1938.
(Note: This item was replaced by G.N.A. 470/46.)

Order made for the Pre- 20 2 20/4/46
vention. of Cholera.
(Note: This order has been replaced by G.N.A. 226/49 and
the item is deleted by G.N.A. 26950.)





REGULATION OR
ORDER. REFERENCE IN GAZETTE. MODIFICATION (if any).

No. Vol. Date.

Direction under Regulation 21 2 27/4/46
5 of the Defence (Finance)
Regulations and dated the
27th of April,.1946.
(Note: The regulations affected by this item are omitted from
the Revised Edition under the authority of section 10 of the Revised
Edition of the Laws Ordinance, 1948.)

Order No. 9-Port Execu- 22 2 30/4/46
tive Committee Order, 1946.
(Note: The order referred to in this item is omitted from the
Revised Edition under the authority of section 10 of the Revised
Edition of the Laws Ordinance, 1948.)

(Note: FOURTH SCHEDULE. [ss. 6, S.]

1. This Schedule contained amendments to the following
Ordinances which are reproduced, so amended, in the Revised
Edition-
Evidence ... ... ... ... ... ... ... ... Chapter 8.
Fraudulent Transfers of Businesses ... ... 11 49.

2. The following Ordinance was also amended but the amend-
ments have been superseded by subsequent amendments-
Note Issuing Banks Extension of Powers
Ordinance, 1939, incorporated into Bank
Notes Issue Ordinance ... ... ... ... Chapter 65.)
2 of 1946. 25 of 1947. 24 of 1950. Short title. Repeal except as hereinafter provided of acts of the British Military Administration of a legislative character. Proclamations incorporated in law of Colony. Incorporation in law of Colony of rules, regulations, orders made under proclamations in First Schedule. Incorporation in law of Colony of orders and other acts under Proclamations 4 and 16. Amendments to Ordinances. Saving. (1 of 1946.) [s. 7 cont.] (Cap. 10.) Variation of Schedules. First Schedule cont. First Schedule cont. First Schedule cont. First Schedule cont. First Schedule cont. First Schedule cont. Second Schedule cont. Third Schedule cont. Third Schedule cont. Third Schedule cont.

2 of 1946. 25 of 1947. 24 of 1950. Short title. Repeal except as hereinafter provided of acts of the British Military Administration of a legislative character. Proclamations incorporated in law of Colony. Incorporation in law of Colony of rules, regulations, orders made under proclamations in First Schedule. Incorporation in law of Colony of orders and other acts under Proclamations 4 and 16. Amendments to Ordinances. Saving. (1 of 1946.) [s. 7 cont.] (Cap. 10.) Variation of Schedules. First Schedule cont. First Schedule cont. First Schedule cont. First Schedule cont. First Schedule cont. First Schedule cont. Second Schedule cont. Third Schedule cont. Third Schedule cont. Third Schedule cont.

https://oelawhk.lib.hku.hk/items/show/2111

LAND TRANSACTIONS (ENEMY OCCUPATION) ORDINANCE

CHAPTER 256.

LAND TRANSACTIONS (ENEMY OCCUPATION).

To give effect to voluntary transactions affecting land
during the Japanese occupation.

[16th July, 1948.]

1. This Ordinance may be cited as the Land Trans-
actions (Enemy Occupation) Ordinance.

2. In this Ordinance-
'assignor' and 'assignee' mean and include respectively
the persons purporting to dispose of or acquire the
property to which an instrument relates and include the
executors, administrators or assigns of an assignor or
assignee, as the case may be, and in the case of wi
assignor or assignee who disposed of or acquired any
property as trustees of any trust, the persons frorn time
to time lawfully acting as trustees of such trust;
'green ink entries' means the entries made in green ink
in the Land Office registers recording particulars of
transactions registered in the Japanese registers and
identified in the Land Office registers by the initials of
the Land Officer;
'Japanese assignment' means an instrument registered or
recorded in the Japanese registers purporting to relate
to a disposition of any land, house or building other-
wise than by way of mortgage or reassignment;
'Japanese house registration office' means the office in
which during the Japanese occupation were kept
registers or records of houses and buildings and docu-
ments in relation thereto;
'Japanese occupation' means the period from the 25th day
of December, 1941, to the ist day of September, 1945;
'Japanese registers' means the registers kept by the
Japanese house registration office and now lodged in
the Land Office in which were recorded particulars of
houses and buildings and transactions in connexion
therewith ;
'Land Office registers' means the volumes kept in the
Land Office at Victoria, wherein are entered, under
headings descriptive of the properties to which the





same relate, particulars of transactions and matters
affecting leased Crown lands.

3. (1) The green ink entries shall be deemed to have
been lawfully made.

(2) Notwithstanding the provisions of section 4 Of the
Land Registration Ordinance, a green ink entry, including
any variation or addition made by virtue of this Ordinance.,
shall, save in so far as any such entry, variation or addition
is lawfully deleted, constitute for a period of three years
from the date of the commencement of this Ordinance actual
notice of the transaction particulars of which are recorded
by the entry.

4. After the expiration of the said period of three
years the Land Officer shall delete from the registers all
such green ink entries but such deletion shall be without
prejudice to any right either within such three years or
thereafter to register any instrument in respect of which a
green ink entry has been made under the Land Registration
Ordinance.

5. (1) A Japanese assignment shall be construed and
take effect as a valid and subsisting agreement by the
assignor to assign on demand without further consideration
and (save in so far as such agreement or other instrument
otherwise provides) at the cost of the assignee or other
person lawfully requiring the same the property to which
such assignment relates in the form which would have been
directed by the court prior to the Japanese occupation in a
successful action for the specific performance of such an
agreement.

(2) Without prejudice to the generality of the preced-
ing subsection unless the Japanese assignment otherwise
provides or the context thereof or the true intention of the
parties otherwise requires, a reference to a house or build-
ing in such an assignment shall be deemed to include the
land enjoyed with such house or building at the date of
the execution of such assignment, together with all rights,
members, easements or appurtenances belonging or
appertaining to such land, house or building.





6. (1) Where any property, or part thereof, has
during the Japanese occupation been the subject matter of
successive Japanese assigninents, then, the assignee under
the last of such assignments may at his own expense require
the assignor on the last and any prior assignment to confirm
unto the assignee under the last of such assignments, or
as he may direct, the property or part thereof, as the case
may be, the subject matter of the last of such assignments.

(2) Where any property was assigned by way of
mortgage before the Japanese occupation and the mortgage
debt has been validly discharged, then if the property has
been the subject matter of a Japanese assignment or of
successive Japanese assignments, the assignee tinder such
assignment or the last of such successive assignments, as
the case may be, my require the mortgagee at the expense
of such assignee to reassign the property to him or as he
may direct.

(3) Any requirement lawfully made under this section
may be enforced by action commenced by writ of summons
in the original jurisdiction of the court in like manner as
if the liability to comply therewith had been included in a
contract relating to the property in respect of which such
requirement had lawfully been made tinder this section.

7. (1) If proceedings have been commenced in the
original jurisdiction in relation to any dispute or difference
between any persons as to the construction or effect of any
instrument registered or recorded in the Japanese registers,
or as to the liability of any person to assign or reassign or
confirm the assignment of any property to which any such
instrument purports or is alleged to relate, or as to the
form or content of any assignment, reassignment or deed
of confirmation to be executed or made by any such person,
or as to any other matter or thing arising out of any such
instrument or out of the provisions of this Ordinance, the
court may, on the application of any party to such dispute
or difference-
(a)with the written consent of all the parties to such
dispute or difference; or
(b)if no defendant to such proceedings has entered
an appearance therein; or





(c)if the court is of the opinion that the action may
more conveniently or expeditiously be tried in its
summary jurisdiction,
at any stage of the proceedings order that the entry of such
action in the original jurisdiction register be transferred to
the register of civil actions in the summary jurisdiction,
and thereupon the Supreme Court in its summary jurisdic-
tion shall have and may exercise the like jurisdiction both
at law and in equity in relation to the said dispute or
difference as might have been exercised by the court in its
original jurisdiction.

(2) In the event of a person who seeks redress under
this section being unable to issue a writ because fie is unable
to ascertain any person who may properly be joined as a
defendant he may apply to the court by petition without
preliminary service and if it appears to the court by
evidence upon affidavit that all reasonable inquiries have
been made and that the case is one to which this subsection
applies then the case shall proceed on petition and-
(a)unless the court otherwise directs it shall not be
necessary to serve the proceedings upon any person
or to have recourse to any form of substituted
service ;
(b)rule 12 of order II of the Code of Civil Procedure
shall apply;
(c)the court shall give all necessary and consequential
directions.

(3) In dealing with any proceedings under this section
the court shall have power to order that the registrar should
execute in lieu of any defendant, including a defendant
who cannot be ascertained within the meaning of the
preceding subsection, any deed which such defendant could
be required to execute under this Ordinance.
(4) Every judgment of the court in an action relating
to any such dispute or difference shall be reduced into
writing and shall forthwith be registered in the Land Office
by the successful party in such action.

8. (1) The Land Officer may, and shall be deemed
always to have had power to---
(a)delete any green ink entry which he is satisfied
should not have been made;





(b)make any green ink entry which he is satisfied
should have been made; and
(c)vary or add to any such entry when he is satisfied
that such variation or addition is necessary,
and any such deletion, variation or addition shall be attested
and verified by the signature of the Land Officer.

(2) The Land Officer shall delete any green ink entry
recording or evidencing the purported discharge of a debt
which by reason of the Debtor 'and Creditor (Occupation
Period) Ordinance, is deemed to have been wholly or
partly undischarged or any green ink entry depending for
its validity on the valid discharge of such a debt.

(3) Any person aggrieved on the ground that a green
ink entry should not have been made or is incorrect or on the
ground that the appropriate green ink entry has not been
made or is no longer subsisting may apply for redress to
the court by summary petition verified upon oath and the
court may thereupon take such evidence as it thinks fit, and
may make any order in relation to the matter which the
justice of the case requires. A copy of every such petition
shall be delivered to the Land Officer as soon as may be
after the issue thereof.

9. Notwithstanding anything hereinbefore contained,
in any action for specific performance founded on this
Ordinance---
(a)it shall be a valid defence for a person who has
been required to assign or confirin in accordance
with the provisions hereof, to show that the
Japanese assignment in respect of which such
assignment or confirmation was required is void
or voidable at his instance or would have been
void or voidable at his instance but for the enact-
ment of this Ordinance;
(b)a defendant shall be entitled to rely upon any
defence not inconsistent with this Ordinance upon
which he would have been entitled to rely had this
Ordinance not been passed.

10. (1) The Chief justice may make general rules and
orders subject to the approval of the Legislative Council,
for regulating-





(a)the practice and procedure of the court in respect
of proceedings of any kind under this Ordinance;
(b) the forms to be used;
(c) court fees, the fees of counsel and the costs of
solicitors ;
(d) generally for the better carrying out of the
provisions of this Ordinance relating to legal
proceedings and relating to the carrying out of the
orders and directions of the Supreme Court.

(2) Until such rules and orders are made and in so far
as the sarne may make no provision the rules and orders,
practice and procedure, forms and fees for the time being
in force in the Supreme Court in its original or summary
jurisdiction as the case may be shall be deemed to be in
force with such modifications as the circumstances may
require.

11. Whenever, by reason of the regulations practice
or procedure applicable to the Japanese house registration
office, or by reason of the absence of parties, or for any
other reason which the court shall deem sufficient, a
conveyance, assignment or other disposition of any land
house or building, executed during the Japanese occupation
otherwise than by way of mortgage or reassignment, was
not registered at the Japanese house registration office and
such conveyance, assignment or other disposition was, by
reason of not being under seal, or owing to the parcels
being incorrectly described, or through any defect in form
or otherwise inoperative according to the law in force in
the Colony immediately prior to the Japanese occupation
to carry out the true intention of the parties, then the
provisions of sections 5, 6, 7, 9 and io shall apply to such
conveyance assignment or disposition in like manner as if
it had been a Japanese assignment within the meaning of
this Ordinance.
34 of 1948. 17 of 1950. Short title. Interpretation. Legalization of green ink entries and their effect as notice. (Cap. 128.) 17 of 1950, s. 2. Deletion of green ink entries after three years. 17 of 1950, s. 3. Construction of instrument registered in Japanese registers. Provision in case of successive transactions. Proceedings in relation to disputes. (Cap. 4, rules.) Deletion, etc., of green ink entries by Land Officer. [s. 8 cont.] (Cap. 250.) Saving. Rules. Provision for certain instruments not registered in the Japanese house registration office.

34 of 1948. 17 of 1950. Short title. Interpretation. Legalization of green ink entries and their effect as notice. (Cap. 128.) 17 of 1950, s. 2. Deletion of green ink entries after three years. 17 of 1950, s. 3. Construction of instrument registered in Japanese registers. Provision in case of successive transactions. Proceedings in relation to disputes. (Cap. 4, rules.) Deletion, etc., of green ink entries by Land Officer. [s. 8 cont.] (Cap. 250.) Saving. Rules. Provision for certain instruments not registered in the Japanese house registration office.

https://oelawhk.lib.hku.hk/items/show/2110

LANDLORD AND TENANT ORDINANCE

CHAPTER 255.

LANDLORD AND TENANT.

To consolidate and antevd the lawrelating to the restriction
of rents.

[23rd May, 1947.]
1. This Ordinance may be cited as the Landlord and
Tenant Ordinance.

2. In this Ordinance-
'business premises' includes every cubicle, room, portion of
a floor, floor or building which is the subject of a separate
letting and which is used wholly, or primarily, for the
purpose of any trade, business or profession and every
hotel or boarding-house whether such hotel or boarding-
house is held by the keeper thereof under one lease or
under more than one lease or is contained in one building
or more than one building;
'court' means the Supreme Court in its summary jurisdic-
tion ;
'dependent premises' means premises which are the subject
of a separate letting and which are not self-contained
in respect of ablution, privy and cooking facilities;
'domestic premises' includes every bed-space, cubicle, room,
portion of a floor, floor or building which is the subject
of a separate letting and which is used wholly or
primarily for human habitation : Provided that the
following shall not be deeined to be domestic premises
within the meaning of this definition-
(a)any building or portion of a building which is used
for habitation only by caretakers or watchmen not
exceeding two in number;
(b)any building or portion of a building which is used
for habitation only by office attendants or their
families;
(c)any particular portion of any hotel or boarding-
house which is let by the keeper of such hotel or
boarding-house to a guest of such hotel or boarding-
house;
'landlord' includes any person, other than the Crown, who
is from time to time entitled to receive rent in respect of





any premises and in relation to a particular tenant means
the person entitled to receive rent frorn such tenant ;
'lease' or 'teriancy agreement' includes every agreement
for the letting of any premises, whether oral or in
writing;
'let' includes sub-let and 'letting' includes sub-letting
'order' includes any judgment or decree of the court or the
order of any tribunal ;
'premises' means the subject matter of any tenancy;
'principal tenant' means a tenant of premises other than a
Crown lessee, who has or shall sub-let any part or parts
thereof as a separate holding or holdings but shall not
include a tenant, hereinafter referred to as a derivative
landlord, who has or shall sub-let the whole of such
premises as one holding;
'standard rent' with respect to any premises other than
deperident domestic premises means-
(a)if the premises were actually let unfurnished on the
25th day of December, 1941, the rate of rent which
was recoverable from the sitting tenant ; and
(b) if the premises were not actually let on the 25th day
of December, 1941, or were then let furnished, but
had been let unfurnished on some previous date, the
rate of rent which was recoverable from the sitting
tenant on the last occasion before the 25th day of
December, 1941, on which the premises were
actually let unfurnished; and
(c) if the premises were not let unfurnished until after
the 25th day of December, 1941, then such rate of
rent as may be fixed by a tribunal under the pro-
visions of section 17 having regard to what would
have constituted a fair rent for the premises if let
unfurnished immediately before the 1st day, of
December, 1941,
and in respect of any dependent domestic premises
means that proportion of the rent of the whole of ihe
premises let to a principal tenant at the rate prescribed
in paragraphs (a), (b) and (c) of this definition, as the
case may be, as is fairly attributable to such dependent
domestic premises with an addition thereto of twenty
per cent;
'tenancy' includes a sub-tenancy and 'tenant' includes a
sub-tenant;





'tenant' does not include a Crown lessee but includes a
sub-tenant and includes also-
(a)a person who before the coming into force of this
Ordinance has retained possession of premises by
virtue of any enactment repealed by this Ordinance
and who on the coming into force of this Ordinance
is in possession of premises, to which this Ordinance
applies;
(b)a person who shall retain possession of any premises
by virtue of the provisions of this Ordinance;
(c)the widow of a tenant, residing with the tenant it the
time of flis death or where the tenant leaves no
widow or is a woman, the children or dependent
members of the tenant's family residing with him
or her at the time of the tenant's death.
'tribunal' or 'tenancy tribunal' means a tenancy tribunal
authorized by the Chief Justice or his delegate under
subsection (i) of section 28;

3. (1) This Ordinance shall not apply to-
(a)any entirely new building in respect of which the
written permit of the building authority to occupy
the same shall have been granied tinder the provi-
sions of section 137 of the Buildings Ordinance,
after the 16th day of August, 1945 ; or
(b)any premises which after the 16th day of August,
1945, have remained continuously untenanted and
which after the coming into force of this Ordinance
have been rendered habitable by extensive repairs
effected at the expense of the landlord. For the
purpose of this paragraph the expression extensive
repairs means repairs wholly necessary for rendering
the premises reasonably habitable and ill respect of
which expense incurred amounts to not less tlian
the equivalent to the standard rent of the prenlilses
for seven years; or-
(c)any business premises which may after the 1st day
of February, 1947, be let for a term of not less than
seven years; or
(d)any particular portion of any hotel or boarding-
house which is let furnished by the keeper of such
hotel or boarding-house to a guest of such hotel or
boarding-house; or





(e) any premises for the time being vested in or in the
custody of the Custodian of Property or the
Custodian of Enerny Property; or
(f) any lease or tenancy held directly from the Crown.

(2) In the event of any doubt or dispute as to whether
any premises are excepted from the application of this
Ordinance by any of the provisions of subsection (i), the same
may be determined by, a tribunal on the application of a
landlord or tenant.

(3) Where immediately before the commencement of
this Ordinance a tenant of premises to which this Ordinance
does not apply was entitled to protection against eviction by
reason of an enactment repealed by this Ordinance, lie shall
be deemed to be holding at the rent payable immediately
before the commencement of this Ordinance and shall be
entitled to such notice to quit as would have been required
under the original contract of tenancy or if such notice hael
already been given and had expired at or before the coni-
mencement of this Ordinance, then to one month's notice.

4. Save as in this Ordinance provided no rent shall be
recoverable in respect of any premises to which this Ordin-
ance applies in excess of the standard rent thereof notwith-
standing any agreement to the contrary whensoever made
and whether oral or in writing.

5. (1) No order against a tenant for the recovery of
possession of or for ejectment from any premises to which
this Ordinance applies shall be made otherwise than under
the provisions of this Ordinance or under the provisions of
any Ordinance empowering any court or magistrate to make
an order terminating the tenancy of any premises or for the
closure of or ejection of the tenant from, any premises, by
reason of the use thereof for immoral or iliegal purposes or
of the dangerous, insanitary or overcrowded state thereof,
or with respect to which any offence has been committed.

(2) Any tenant who before the coming into force of this
Ordinance has retained possession of any premises by, virtue
of any enactment repealed by this Ordinance and who is on
the coming into force of this Ordinance in, possession of
premises to which this Ordinance applies and any tenant who
shall retain possession by virtue of the provisions of this





Ordinance shall so long as he retains possession observe and
be entitled to the benefit of all the terms and conditions of
the original contract of tenancy, so far as the same are con-
sistent with the provisions of this Ordinance, and shall be
entitled to give up possession only on giving such notice as
would have been required under the original contract of
tenancy, or, if no notice would have been so required on
giving not less than one month's notice : Provided that
notwithstanding anything in the contract of tenancy a land-
lord who obtains an order for the recovery of possession
from or the eviction of any tenant retaining possession as
aforesaid shall not be required to give any notice to quit to
the tenant.

(3) Subsection (i) shall not apply to-
(a)proceedings by a person claiming under a. title
adverse and superior to that under which the original
tenancy, by virtue of which the tenant becanie
entitled to retain possession, was derived; or
(b) proceedings against a derivative landlord:
Provided always that no order or judgment against a
derivative landlord for the recovery of possession or eject-
ment therefrom shall affect the right of any sub-tenant to
whom the premises or any part thereof shall have been
lawfully sub-let before proceedings for recovery of posses-
sion or ejectment were commenced to retain possession
under this section or be in any way operative against any
such sub-tenant.

(4) Notwithstanding the provisions of subsection (i)-
(a)a closure order may be made under section 141 Of
the Buildings Ordinance; and
(b)a closure order may be made under subsection (7) of
section 128 of the Buildings Ordinance if the
Building Authority has certified by writing under
his hand that the making of such an order is neces-
sary in order to enable the owner to carry out the
building works required without undue danger to
the tenants or to the public generally.

6. (1) In the case of domestic premises there shall be
payable and recoverable by way of rent in addition to the
standard rent thereof an amount equivalent to thirty per cent
of such standard rent and in the case of business premises





there shall be recoverable by way of rent in addition to the
standard rent thereof an amount equivalent to one hundred
per cent of such standard rent: Provided that no such
addition shall become due or recoverable until, or in respect
of any period prior to the expiry of, one clear month after
the landlord has served upon the tenant a valid notice in
writing that payment of such additional amount will be
required.

(2) Where as part of the tenancy agreement furniture
is provided for the use of the tenant the landlord shall be
entitled to make such a charge for the use of such furniture
(whether expressed by way of rent or otherwise), as, having
regard to the value of the same to the tenant, is reasonable :
Provided that no such charge shall be recoverable until the
landlord has specified by notice in writing to the tenant the
consideration (whether by way of rent of otherwise) which
he attributes to such furniture.

(3) In case a landlord of any premises shall expend the
sum of one thousand dollars or upwards on additions or
improvements thereto by which in the opinion of a tribunal
the rateable value thereof shall be increased the tribunal may
on application by the landlord for such purpose order that
the rent of such tenement shall be increased beyond the
standard rent by an annual sum equal to eight per cent on
the amount so expended by the landlord on such additions
or improvement.

(4) If a tribunal is satisfied on the application of a
landlord or tenant of premises other than dependent domestic
premises that the services and facilities which the landlord
is liable to provide under the tenancy agreement differ from
those which the landlord was liable to provide under the
tenancy agreement by reference to which the standard rent
was ascertained, it may adjust the standard rent accordingly
and upon such adjustment the rent substituted by the
tribunal shall be and become the standard rent for the pur-
poses of this Ordinance but without prejudice to further
adjustment under this subsection or under other provisions
of this Ordinance.

(5) Nothing in this Ordinance shall be taken to authorize
any increase of rent in respect of a period prior to the com-
mencement of this Ordinance.





(6) If any notice served for the purposes of subsection
(1) contains any statement or representation which is false
or misleading in any material respect, the landlord shall be
liable on summary conviction to a fine of one thousand
dollars unless he proves that the statement was made in-
nocently and without intent to deceive.

(7) Where the notice of an increase of rent which at
the time was valid has been served on any tenant, the
increase may be continued without service of any fresh
notice on any subsequent tenant.

7. If the tenant of any premises has since the 16th day
of August, 1945, with the consent of the landlord of such
premises effected repairs thereto which were necessary to
render the said premises reasonably habitable and the. sum
expended by such tenant has amounted to the equivalent of
not less than the standard rent of such premises for a period
of six months, the additional amount mentioned in subsection
(1) of section 6 shall not commence to accrue or become
payable or recoverable until such time as the amount thereof
would, but for this provision, have been equal to one-half
of the amount expended by the tenant on such repairs.

8. (1) Any person who after the commencement of
this Ordinance-
(a)demands or receives more thari the standard rent for
any premises, together with such addition or increase
as may be permitted by or under the provisions of
this Ordinance or such addition or increase as may
from time to time have been or be sanctioned by a
tenancy tribunal ; or
(b)demands or receives any consideration, whether in
money, in kind or in any other manner whatsoever
and whether by way of rent, fine, premium or other-
wise, for the grant, renewal or continuance of any
tenancy; or
(c) being or acting as a broker, agent or go-between
demands or receives for his services in connexion
with the procuring of the grant, renewal or continu-
ance of the tenancy of any premises any consideration
the value of which exceeds five per cent of the
standard rent for one year of such premises;





(d)where the purchase or hire of any furniture, fittings,
fixtures or other articles is required by him as a
condition for the grant, renewal or continuance of
any tenancy, demands or receives any price or
consideration for such purchase or hire in excess
of a reasonable price or consideration therefor,
shall be guilty of an offence and shall upon summary con-
viction be liable to a fine of two thousand dollars.

(2) Upon the hearing of any summons issued under the
provisions of this section, if shall be lawful for a magistrate,
whether the defendant is convicted or not, and in addition to
imposing a fine if the defendant is convicted, to order the
defendant to pay to the tenant-
(a)any sum received in excess of the rent lawfully
recoverable ; or
(b)the amount or value of the consideration mentioned
in paragraph (b) or (c) of subsection (i); or
(c)the amount by which the price or consideration for
such purchase or hire as is mentioned in paragraph
(d) of subsection (1) exceeds a reasonable price or
consideration therefor ; and
(d)if the defendant is a principal tenant, to order his
ejectment.

(3) Nothing in this section contained shall prejudice the
right of any person to recover by civil action any such sums
as a magistrate may order to be paid under the provisions
of subsection (2).

9. The person by whom any payment has been made or
consideration has been given the demanding or receiving of
which is made an offence under the provisions of section 8
may recover the amount or value thereof by action in the
court : Provided always that any action for such recovery
shall be commenced within six months after the making of
such payment or giving of such consideration.

10. (1) If a tenant to whom subsection (2) of section
5 applies, demands or receives the payment of any, fine or
premium or any other consideration for giving up possession
of such premises to the landlord or to any other person with
or without the knowledge or approval of the landlord, such
tenant shall be guilty of an offence and shall be liable on
summary conviction to a fine of two thousand dollars. For





the purposes of this section the demanding or receiving of
a price or consideration for any furniture, fittings or fixtures
or other articles in excess of a reasonable price or considera-
tion therefor shall be deemed to be the demanding or receiving
of a fine or premium.

(2) Upon the hearing of any summons issued under the
provisions of this section, it shall be lawful for a magistrate,
upon conviction of the defendant and in addition to imposing
a fine-
(a)to order the defendant to pay to the person from
whom such fine, premium or other consideration has
been received the amount or value of any fine,
premium or other consideration wrongfully demand-
ed or received including the amount by which the
price or consideration paid for any furniture, fittings,
fixtures or other articles exceeds the reasonable value
thereof ; and
(b) to order the eviction of the tenant.

11. (1) Every principal tenant shall affix and shall keep
affixed on a conspicuous part of the premises conprised in
his principal tenancy a notice stating the rent payable by
him to his landlord and shall give to each sub-tenant notice
in writing of the part of such rent which lie attributes to the
premises let to such sub-tenant.

(2) Every principal tenant shall, whether the saine sInall
be demanded or not, give to each sub-tenant at the time of
his paying the same a receipt for the amount of the rent paid
and such receipt shall state the period in respect of which
such rent was payable.

(3) Every principal tenant shall within one month after
the commencement of this Ordinance or, if he is not a prin-
cipal tenant at the time of such commencement, then within
one month after becoming a principal tenant, furnish to his
landlord a full and true statement showing the nairle of all
the sub-tenants of such principal tenant with sufficient parti-
culars of the parts of the premises occupied by and of the
standard rent and gross rent payable by each of them.

(4) A principal tenant who fails to comply with any of
the provisions of subsections (1), (2) and (3) shall be guilty
of an offence and shall be liable on summary conviction to a
fine of one thousand dollars.





(5) Upon the hearing of any summons issued under
this section, it shall be lawful for a magistrate, whether the
defendant is convicted or not, and in addition to imposing a
fine if the defendant is convicted, to order the eviction of the
defendant.

(6) Where a principal tenant is evicted under the provi-
sions of this section or of section 8, the sub-tenants of such
principal tenant shall be deemed to be and shall thereafter
be tenants of the immediate landlord of such principal tenant
and shall be deemed to hold their respective premises upon
the terms and conditions upon which they held theni from
the principal tenant : Provided always that such immediate
landlord shall be entitled to demand or receive from such
sub-tenant only such rent as he would have been entitled
to demand or receive if the tenancy of the principal tenant
had been terminated under the provisions of section 12
and shall undertake towards the sub-tenants all those
obligations formerly undertaken by the principal tenant.

12. (1) The immediate landlord of a principal tenant
whose original contract of tenancy has been or shall be
determined by a valid notice to quit may at any time after
the commencement of this Ordinance or the expiration of
the period referred to in such notice whichever shall be
the later serve on such principal tenant written notice under
this section calling upon the principal tenant to deliver up
at the expiration of one calendar month next following the
service of such notice, possession of the premises save and
except such part thereof if any as the principal tenant has
retained for his own use. Any such notice shall state that
the principal tenant may, at his option, either deliver tip
possession of that part of the premises (if any) as lie had
before the service of such notice retained for his own use
or may retain possession thereof as tenant of the immediate
landlord.

(2) Immediately on the giving of such notice as afore-
said the immediate landlord shall serve on each sub-tenant
of such principal tenant (in this section called the sub-
tenant) written notice that he has served such notice upon
the principal tenant and calling upon the sub-tenant, after
the expiration of the aforesaid calendar month, to pay to
the immediate landlord or such person as he may appoint





the rent of the premises the subject of the former sub-
tenancy.

(3) From and after the, expiration of the said calendar
month thp sub-tenant shall in every respect be deemed to
be the tenant of such immediate landlord and to hold the
premises subject to the terms and conditions upon which
lie held the same as sub-tenant of the principal tenant :
Provided always that the immediate landlord shall be
entitled to recover from the sub-tenant the standard rent
of the premises together with an addition thereto in the
case of domestic premises of thirty per cent and, in the case
of business premises, of one hundred per cent and together
also with any increase sanctioned by this Ordinance but
shall not be entitled to recover any greater rent notwith-
standing any agreement to the contrary made between the
sub-tenant and the principal tenant.

(4) Where the principal tenant has retained for his
own occupation any part of the premises the subject of his
tenancy from the immediate landlord, he shall, after the
expiration of the said calendar month, unless he shall then
deliver up possession, be deemed to be the tenant of the
immediate landlord in respect of that part of the premises so
retained as aforesaid and to hold the same upon a monthly
tenancy at such a rent as may be fairly attributable to that
part of the premises retained by him having regard to the
rents recoverable by the landlord in respect of the other parts
of the premises of which he was formerly the tenant :
Provided always that in the event of any dispute or difference
between the immediate landlord and the principal tenant as
to the arnount of the rent payable by such principal tenant
the sarne may be referred to and decided by a tenancy
tribunal.

(5) An immediate landlord who exercises the power
conferred by subsection (i) shall undertake towards the sub-
tenants all those obligations formerly undertaken by the
principal tenant.

13. Subject to the provisions of section io, nothing in
this Ordinance shall be taken to limit the right. of a landlord
and tenant (whether or not the tenant is a tenant to whom
subsection (2) of section 5 applies) to agree to such stipula-
tions and conditions as they shall think fit in regard to the





duration of the tenancy and in particular to any stipulation
in regard to termination of the tenancy in the event of the
landlord desiring to sell the premises or to obtain possession
for occupation by himself or any member of his family :
Provided that no landlord shall be entitled by reason of any
agreement made under the foregoing provision to obtain an
order for the ejectment of any tenant unless lie satisfies a
tribunal or a court, as the case may be, that the tenant in-
tended by such agreement to deprive himself of the protection
against ejectment afforded by this Ordinance.

14. Nothing in this Ordinance shall entitle any landlord
during the currency of any written lease of any premises for a
definite and unexpired term, to any rent higher than the rent
reserved in such lease.

15. Notwithstanding the provisions of sections 4 and 14,
a tenancy tribunal may In its discretion on the application
of a landlord sanction the increase of the rent of any premises
by such amount as may be agreed by the tenant thereof and
the increased rent so sanctioned shall from the date on which
such sanction is given be the rent of the prernises during the
continuance of this Ordinance.

16. Subject to the provisions of section 14, if the
standard rent of any premises either-
(a)is a rent which was agreed upon in writing at some
date before the 1st day of July, 1937, or
(b)is not higher than the rent recoverable frorn the
tenant in actual occupation on the 1st day of July,
1937,
it shall be lawful for the landlord of such premises to apply
to a tenancy tribunal to fix and such tribunal may fix sud,
other rent as the tribunal shall think fit as the standard rent
to be paid in respect of such premises during the continuance
of this Ordinance: Provided that nothing in this section
shall affect any rent which became due before the date of
the order made by the tribunal.

17. It shall be lawful for a tenancy tribunal on the
application of landlord or tenant-
(a)to fix any rent which for any reason is not otherwise
determinable under the provisions of this Ordinance;
or





(b)to apportion any rent to which this Ordinance
relates ; or
(c)to entertain and determine any dispute or difference
as to the.amount of rent payable in respect of any
premises to which this Ordinance applies including
any increase of rent, and any charge for the use of
furniture by or the provision of services to the
tenant, or so far as may be necessary to carry this
Ordinance into effect as to the right to the possession
of such premises; or
(d)to entertain and determine concurrently with any
other application, any application for the payment
of rent or mesne profits of any premises to which
this Ordinance applies accruing due on or after the
ist day of October, 1945 ;
and to make such order thereon as the tribunal shall think
fit.

18. It shall be lawful for a tenancy tribunal on the
application of a landlord to rnake an order for the recovery
of possession from or the ejectment of-
(a)a principal tenant of domestic premises who has
been served with a notice under section 12 and who
has elected to quit and failed to do so or who has
collected or attempted to collect rent from the sub-
tenants of such premises in respect of a period
subsequent to the expiration of a calendar month
following the service of such notice;
(b)a tenant who has been convicted of an offence against
this Ordinance or of using or suffering or permitting
to be used the premises or any part thereof for an
immoral or illegal purpose;
(c)a tenant whose rent or any part thereof, in so far
as the same accrued due after the ist day of October,
1945, is in arrears for more than thirty days;
(d)a tenant who has failed to observe and perform any
stipulation or condition of his tenancy agreement
other than save as hereinafter provided a stipulation
or condition imposing an obligation to vacate the
premises;
(e)a tenant who has agreed to vacate the premises and
who, in the opinion of the tribunal, intended by such





agreement to deprive himself of the protection
against ejectment afforded by this Ordinance;
(f) a person who became a tenant between the 16th
day of August, 1945, and the commencement of this
Ordinance upon the condition that he should vacate
the premises on the return of the person who was
the tenant before the 25th day of December, 1941,
and who has neglected or refused so to vacate the
premises upon receipt of notice from the landlord
that such former tenant had returned to the Colony
and that the premises were required for his use;
(g)a tenant who has given written notice to quit the
premises and has failed to quit the same on the
expiry of such notice;
(h)a tenant who has been guilty of conduct, or has
suffered any person residing or lodging with hini to
be guilty of conduct, which is a nuisance or annoy-
ance to the landlord or to other tenants or the
occupiers of adjacent premises, or has persistently
failed to keep his premises in a reasonably sanitary
condition by reason of which failure the landlord
has been required to comply with a notice served
upon him under section 28 of the Public Health
(Sanitation) Ordinlince, 1935;
(i)a tenant who obtained a tenancy by reason of being
employed by his landlord and who has ceased to be
in such employment ;
a tenant of land which has not been developed by
the erection of buildings of a permanent character,
which is required by a landlord for his own use or for
the erection of buildings of a permanent character.

19. (1) It shall be lawful for a tenancy tribunal on the
application of a landlord or of the personal representative of
a deceased landlord (not being a landlord who has become
such landlord by purchasing premises or any interest therein
after the 1st day of September, 1946) to make an order for
the recovery of possession of any domestic premises or for
the ejectment of the tenant therefrom where such premises
are reasonably required for occupation as a residence for such
landlord or for any son or daughter of his over eighteen years
of age, or, where the landlord is dead, for the surviving
spouse, son or daughter over eighteen years of age or father





or mother of such deceased landlord : Provided that no such
order shall be made unless the tribunal is satisfied having
regard to all the circumstances of the case, including any
alternative accommodation available for the persons for whose
occupation the premises are so required or for the tenant,
that greater hardship would be caused by refusing to grant
the order than by granting it.

(2) No person obtaining an order for the recovery of
possession of or ejectment from any premises under sub-
section (i) shall within twelve months after the date of such
order assign, transfer, sub-let or part with the possession of
the premises or any part thereof without the previous con-
sent of a tenancy tribunal.
(3) Where a person has obtained an order for the
recovery of possession of or ejectment from any premises
under the provisions of subsection (i) and it is subsequently,
made to appear to a tenancy tribunal that the order was
obtained in bad faith or by the misrepresentation or conceal-
ment of material facts or where such person is shown to have
acted in breach of the provisions of subsection (2), the
tribunal may order the landlord to pay to the former tenant
such sum as may appear to the tribunal to be sufficient to
compensate such tenant for the cost, damage, loss or incon-
venience sustained by him as a result of the order for recovery
of possession or ejectment.

20. It shall be lawful for a tenancy tribunal on the
application of a landlord to make an order for the recovery
of possession from or ejectment of the occupier of any
premises the rent whereof is payable monthly, the tenant of
which has, after the ist day of March, 1946, without the
consent in writing of the landlord, assigned, transferred,
sub-let or parted with the possession of such premises or
any part thereof : Provided that no order shall be made
under the provisions of this section against an occupier
holding. as the sub-tenant of a principal tenant any portion
of any domestic premises which premises before the 22nd
day of October, 1945, were divided into and let as separate
domestic premises, or since that date have, with the consent
of the landlord, been so divided and let.

21. A landlord of any premises to which this Ordinance
applies shall, on being so requested in writing by the tenant





of such premises or by the superior landlord of such landlord
supply the tenant or the superior landlord as the case may be
with a statement in writing as to the standard rent of such
premises, and, if, without reasonable excuse, he fails within
fourteen days so to do, or supplies a statement which is false
in any material particular, lie shall be liable on sunimarv
conviction to a fine of one thousand dollars.

22. Upon any application for the recovery of possession
of any premises or the ejectment of the tenant therefrom the
tribunal may-
(a)in lieu of making an order adjourn the application
for a period not exceeding thirty days and subject to
such conditions as it thinks proper ;
(b)upon making such order direct that it shall not be.
operative until the expiration of any period riot
exceeding thirty days specified in such order and
may make any such direction subject to such
conditions as it thinks proper.

23. An order for ejectment made against any principal
tenant shall not, unless the tribunal so directs, operate as an
order for ejectment of any sub-tenant of such principal
tenant, but immediately upon the making of such an order
such sub-tenants shall be deemed to be tenants of the
immediate landlord of the principal tenant in like manner
as is provided by subsection (3) of section 12 and such
immediate landlord shall undertake towards them the
obligations theretofore undertaken by the principal tenant.

24. Where an order for recovery, of possession of or for
ejectment from any premises has been rnade and no appeal
has been lodged in due time a bailiff of the court may, upon
production to him of a copy, of such order certified to be a
true copy by a member of the tribunal making the order, and
an affidavit sworn before any justice of the peace from which
it appears that such order has not been complied with,
proceed to enter (by force, if needful) into the premises and
carry such order into effect and. give possession of the
premises, or any part thereof specified in the order, to the.
landlord or his agent: Provided that such entry shall not
be made at any time except between 8 a.m. and 5 p.m. Any
person resisting or obstructing a bailiff in the performance of
his duties under this section shall be guilty of an offence and





shall be liable on summary conviction to a fine of five
hundred dollars.

25. Any person authorized generally in writing for that
purpose by the Secretary for Chinese Affairs may at all
times, without notice, enter and inspect any premises reason-
ably believed to be the subject of a sub-letting and, where
such premises are held by a principal tenant, dernand to see
any notice required by section II to be affixed on the
premises or given to any sub-tenant and an), person resisting
or obstructing any such person in the performance of his
duties shall be guilt), of in offence and shall be liable oil
summary conviction to a fine of five hundred dollars.

26. (1) Notwithstanding that the annual rent or value
of the premises to which the appeal relates exceeds the sum
of one thousand dollars any person aggrieved by an order
or decision (other than a decision to rnake or to refuse to
make any recommendation to the Governor in Council Under
section 30 of a tribunal may within seven days from the date
thereof appeal to the court Provided that the court may,
in its discretion and on such terms as it may think fit, on
the application of such aggrieved person extend the time
within which an appeal may be rnade notwithstanding that
such time may have expired.

(2) The practice and procedure on appeal shall be by
motion and in all matters, save as expressly provided by, this
Ordinance or any rules made hereunder, shall be in accor-
dance with the practice and procedure prescribed by the
Supreme Court (Summary jurisdiction) Ordinance, as though
such appeal were an action commenced in the summary
jurisdiction of the Supreme Court.
(3) Where the appeal is from a decision on a question of
law or on a matter of discretion only, it shall be heard upon a
case to be stated at the request of the appellant by the chair-
man of the tribunal, setting forth the findings of fact and
the grounds for the tribunal's decision.

(4) In every other case, the court may deal with the
case solely upon the evidence originally taken or may
re-examine any witness or may admit further evidence.

* With eTect from 3.11.50, $5,000 was substituted for $1,000
in the third line hereof when an increase in the summary jurisdiction
took place (Ord. 35 of 1950).





(5) The court shall have power on every appeal, whether
on a question of fact, or of law or of discretion, to try the
case de novo.

(6) The court may, on the application of the appellant,
stay execution of any order of the tribunal for such time and
on such terms, if any, as to security or otherwise, as it may
deem just.

(7)(a) Upon the hearing of any such appeal whether
by way of case stated or otherwise, the court may
reverse or affirm the decision of the tribunal, or may
amend or alter such decision by making any order
which the tribunal would have had power to make
in the matter, or may remit the matter to the tribunal
with the opinion of the court thereon, or may make
such other order in relation to the matter, and may
make such orders as to costs in or connexion with
the proceedings before the tenancy tribunal and
before the court as may seem fit.
(b)Upon any appeal by way of case stated, the court
shall have power to cause the case stated to be sent
back to the tribunal for amendment and thereupon
the same shall be amended accordingly.

(8) Upon any such appeal or upon any application for
a case stated to be sent back for amendment a record of the
proceedings before the tribunal if cornpiled in accordance
with any rules in relation thereto made under section 29 or
a certified copy of such record, shall without prejudice to any,
other method of proof be admissible as prima facie evidence
of the evidence which was given and of the statements which
were made before the tribunal and generally that the pro-
ceedings therein recorded took place.

(9)(a) No appeal shall lie from any decision of fact,
discretion or law made by the court unless the
presiding judge certifies that in his opinion a point
of law of such exceptional public importance arises
from or as a consequence of his decision that the
opinion of the Full Court should be obtained on such
point.
(b) Application for the certificate of the presiding judge
shall be made by summons in chambers.





(c)Upon the giving of any such certificate by the
presiding judge he shall proceed to state a case for
the opinion of the Full Court in which he shall set
forth such matters as he shall deem necessary to
raise the question for the decision of the Full Court.
(d)For the purposes of this subsection the expression
presiding judge shall mean the judge of the court
who heard the proceedings and if such judge is for
any reason incapable of acting, then any judge of
the court.

(10) When a case has been stated under the provisions
of subsection (5) of section 27, appeal shall not lie to the court
but shall lie to the Full Court in like manner as if it were
an appeal from a decision of the court save that it shall be
unnecessary to obtain any such certificate as provided for in.
subsection (8).

(11) Upon any appeal to the Full Court by way of case
stated or otherwise, the Full Court shall have mutatis
mutandis the powers given to the court by this section.

(12) Paragraph (a) of subsections (7) and (8) shall
also apply upon any appeal to the Full Court, or upon
any application therein for a case stated to be sent back for
an amendment, with such modifications as are necessary
owing to the appellate body being the Full Court in lieu
of the court and owing to the appeal being from a decision
of the court in lieu of from a decision of the tribunal.

27.(1) (a) The following shall exercise all the functions
of a tenancy tribunal for the purposes of this Ordin-
ance when authorized by the Chief justice or his
delegate-
(i) any three members of the tenancy tribunal
panel appointed under paragraph (a) of section 30
hereof;
(ii) any magistrate;
(iii) any person who b), reason of possessing
judicial, magisterial or legal or other similar quali-
fications or experience is deemed by the Chief
justice to be competent to sit alone as a tenancy,
tribunal.
(b)A tenancy tribunal shall sit in such place as the
Chief justice or his delegate may, direct.





(2) Every tribunal shall have and may exercise any of
the powers, rights, and privileges following-
(a)to enforce the attendance of parties and witnesses
and examine them upon oath or otherwise;
(b)to compel the discovery, inspection and production
of documents;
(c) to enter and view or to order the inspection of any
premises the subject matter of any application;
(d)to call in the aid of one or more assessors or experts
to assist in the determination of any application.

(3) A summons or order under the hand of the presiding
member ot any tribunal or of such magistrate as aforesaid,
as the case may be, issued or made for the purpose of
exercising any of the foregoing powers, rights and privileges
shall be of like force and effect as the corresponding form of
process issued in any action or suit for the like purpose and
may be enforced by a bailiff or other officer of the court in
like manner as such form of process would be enforced.

(4) Where a tribunal consists of members of the tenancy
tribunal panel the decision or order of a majority of members
of such tribunal shall be deemed the decision or order of the
tribunal. If the tribunal is unable to agree upon a decision
or order the tribunal shall state in the form of a special case
for decision by the court, the matter upon which an
agreement cannot be reached.

(5) Any tribunal may at any stage in the proceedings
before it state in the form of a special case for the opinion
of the court any question of law arising in the course of the
proceedings.

(6)(a) Every inember of the tenancy tribunal panel
shall on his appointment to be a member of a
tribunal take oath in the following form-

'I, .........., swear by Almighty God that I
will well and truly adjudicate upon, all matters before
the tenancy tribunal without fear or favour
affection or ill-will.'

(b)Every interpreter at any proceedings before the
tribunal shall before he interprets have sworn in
the following manner-





'I, ........swear by Almighty God that I
will well and truly interpret all matters which I am
required to do in any Proceedings in the tenancy
tribunals and that I will not add anything thereto or
take anything thercfronb.' [23

28. Without prejudice to any right of appeal or to any,
other mode of enforcement authorized by this Ordinance,
any order of a tenancy tribunal may be enforced as if it
were an order of the court. [29

29. (1) It shall be lawful for the Chief justice subject to
the approval of the Legislative Council to make general rules
and orders for regulating the procedure, business and hours
of tenancy tribunals and of the offices connected therewith
and in respect of appeals therefrom and the forms to be
used and the fees to be payable therein and also the fees
of counsel and the costs of solicitors.

(2) The rules and forms contained and the fees
specified in the Schedule to this Ordinance shall be of like
effect as if the), had been made under the provisions of sub-
section (1). [30

30. It shall be lawful for the Chief Justice from time
to time-
(a)to appoint such persons as he may think fit to be
members of a tenancy tribunal panel and to remove
the name of any person from such panel; and
(b) to appoint such tribunals as he may deern neces
sary for the purposes of this Ordinance. [31

31. (1) The Governor in Council may, in his absolute
discretion and without the necessity of hearing any interest-
ed party, by order exclude from the further application of
this Ordinance any premises or any class of premises.*
Upon any such order being notified in the Gazette the
tenant of any such premises shall be deemed to be holding
at the rent payable immediately before the notification of
such order and shall be entitled to such notice to quit, as
would have been required under the original contract of
tenancy, or, if such notice has already been given and has

Note: For an exemption relating to premises for social
welfare work and working class housing, see G.N. A.179 of 1950.





expired, then to one month's notice expiring at the end of
the calendar month next after the month in which such order
was notified: Provided that in the event of any notice
having been given prior to such order being notified nothing
herein contained shall entitle a landlord to recover posses-
sion prior to the expiration of such notice.

(2) In any case in which such order will affect only
particular premises to which this Ordinance applies and
will not relate to all prernises of a similar character the power
hereinbefore conferred shall not be exercised save upon the
recommendation of a tenancy tribunal.

(3) Any landlord or tenant desiring to obtain such
recommendation shall serve notice thereof on the tenant or
landlord as the case may be in the prescribed form and shall
also post such notice in a conspicuous place at the entrance
to the premises to which the application relates. Such ser-
vice and posting shall be verified by afficlavit in the
prescribed form which shall be lodged in the registry of the
court together with a fee of twenty dollars for the hearing
of the application.

(4) Any party other than the person served under sub-
section (3) who opposes the application shall within fourteen
days of such notice having been posted as aforesaid give
notice in writing to the registrar of the court in the prescribed
form stating his interest in the matter and whether lie
wishes to make written representations to the tenancy
tribunal or whether he wishes to appear by himself or by his
advocate on the hearing of the application.

(5) Upon the expiration of such fourteen days-
(a)the Chief justice shall appoint a tenancy tribunal
to hear the application and to determine whether
or not it Should recornmend to the Governor in
Council that the premises to which the application
relates should be excluded from the further applica-
tion of this Ordinance; and
(b)the registrar shall obtain the direction of a judge
in chambers as to which parties in addition to the
person served under subsection (3) shall be entitled
to be heard thereon and as to whether any person
is to be at liberty to forward any written representa-





tions to the tribunal, and shall notify the parties
and any such person accordingly and of the day
fixed for hearing such application.

(6) A tenancy tribunal appointed to determine any
application under this section after hearing such parties and
considering such representations as a judge in chambers
has directed shall be heard and may be put forward
respectively, may in its absolute discretion decide to recom-
mend that the premises to which such application relates
should be excluded, from the further application of this
Ordinance or to make no recommendation and shall inform
the parties of its decision. In the event of the tenancy
tribunal deciding to make a recommendation, the chairman
(if the tenancy tribunal shall forward in writing such re-
commendation and the reasons therefor together with the
papers and any record of the proceedings before the tenancy
tribunal to the Clerk of Councils for the consideration of the
Governor in Council.

(7) The costs of such application shall in any event be
borne by the applicant. Such costs shall be allowable as
would be granted in an action before the court.

(8) Subsections (3) to (7) may be rescinded, added to
or varied by rules made under section 29. [32

32. Any notice given under the provisions of this
Ordinance may be served upon the person affected thereby
either personally or by leaving the same with any occupier
of the premises to which the same relates, or by leaving the
same with some adult inmate at the usual or last known
place of business or residence of the person to be served, or,
if the person to be served cannot readily be found, by
affixing the notice on a conspicuous part of the premises to
which the same relates. [33

33. (1) Any person who shall mala fide do any act
whatsoever with intent to induce the lessee of any premises
to give up possession thereof shall upon summary con-
viction be liable to a fine of one thousand dollars.

(2) Upon the hearing of any summons issued under
this section it shall be lawful for a magistrate, whether the





defendant is convicted or not and in addition to imposing a
fine if the defendant is convicted, to order the defendant to
pay to the lessee such sum as may appear to the magistrate
to be sufficient to compensate the lessee for any costs,
damages, loss or inconvenience sustained by him by reason
of such act. [34

34. This Ordinance shall continue in force until and
including the 31st day of December, 1951 : Provided that
it shall be lawful for the Legislative Council from time to
time by resolution to extend the duration of this Ordinance
for such term, not exceeding one year at any one time, as
may be specified in such resolution. [35

35. (1) Immediately after this Ordinance shall cease
to be in force, any tenant who shall have been in occupation
at the time when this Ordinance ceases to be in force shall
be deemed to be holding at the rent payable immediately
before this Ordinance ceases to be in force unless the land-
lord shall have given such tenant such notice to quit,
terminating with the termination of this Ordinance, as
would have been, as regards length of notice a due notice
to quit under the terms of the tenancy if this Ordinance had
not been passed.

(2) The expiration of this Ordinance shall not render
recoverable by a landlord any rent or other sum which
during the continuance thereof was irrecoverable, or dffect
the right of a tenant to recover any sum which during the
continuance thereof was under this Ordinance recoverable
by him. [36

36. Nothing in this Ordinance shall be construed so as
to prevent a landlord from collecting from his tenant the
rates for the time being payable in respect of any premises
or such apportioned sum as shall properly be attributable
to such premises in respect of rates, provided that the obliga-
tion of paying the rates in respect of such premises was
assurned by the tenant under the terms of the tenancy. [37





SCHEDULE. [s. 29.]

PART I.
RULES OF PROCEDURE.
Interpretation.
(1) In these rules-
answer' means every answer made by an opponent;
applicant' means a party making an application, and includes a
firm, a company registered under the Companies Ordinances, and
a body corporate;
application' means every application made under the Ordinance;
clerk of the tribunal' means any officer of the tribunal discharging,
for the time being, the duties of his office;
office' means the offices of the tribunal in Hong Kong and Kowloon;
opponent' means a party opposing an application, and includes
a firm, a company registered under the Companies Ordinances,
and a body corporate;
'Ordinance' means the Landlord and Tenant Ordinance;
'tribunal' means any tenancy tribunal constituted under the pro-
visions of the Ordinance.
(2) Any reference to 'these rules' shall include a reference
to any rules of the tribunal made in addition to these rules, or
in substitution for any of them.
(3) Any reference in these rules to the chairman of any tenancy
tribunal shall be deemed to include a magistrate or a person who
by virtue of section 28 of the Ordinance, and by virtue of the
authority of the Chief Justice is exercising the function of a Lenancy
tribunal.

Sealing.
2. Applications, answers and orders shall be sealed with the
seal of the tribunal.

Forms.
3. The forms contained in, Part II of this Schedule shall
be used in the appropriate cases, with such variations and additions
as the circumstances of the particular case may require, and shall,
as regards the form thereof, be valid and sufficient.
4. Application forms may be obtained from the office on pay-
ment of the prescribed fees.
5. All applications and other matters in respect of premises
in Hong Kong and Kowloon -will he dealt with by the Hong Kong
and Kowloon Offices respectively.

Preparation of Applications.
6. Applications shall be prepared in triplicate and in the
English language (except as hereinafter provided), and shall he
signed by. the applicant or by his advocate on his behalf.
7. The applicant shall set out the reasons for and all material
facts in support of his application in triplicate on a separate sheet
or sheets of paper which shall be of the same size as the applica-
tion form, and which shall be annexed to each of the three copies
of the application.
8. The applicant shall deliver the three copies of the applica-
tion to the clerk of the tribunal, who shall-





(a)enter the application, if duly prepared, in a book to be
kept for the purpose;
(b) number the application;
(c) seal each copy thereof; and
(d) return two copies to the applicant.

Service.
9. The applicant shall serve a sealed copy of the application
on the opponent.
10. Except as otherwise directed, and unless the tribunal thinks
it just and expedient otherwise to direct, service of an application
shall be personal, that is, the application shall be delivered to the
party named as the opponent.
11. Service shall not be made on a general holiday, or before
8.00 a.m. or after 8.00 p.m.
12. Service shall be affected by a person who can identify the
person to be served.
13. Service on a firm shall be effected either upon any one
or more of the partners, or by delivering the application to any
person at the principal place of business of the partnership who
at the time of service apparently has the control or management
of the partnership business.
14. Service on an incorporated company shall be effected by
delivering the application to the manager or secretary.
15. If for any reason personal service cannot be conveniently
effected, the applicant may apply to the tribunal for an order
authorizing another mode of service. Such application will be made
by letter accompanied by an affidavit or affirmation verifying the
facts in support of the application.
16. Any document required to be served on sub-tenants shall,
if served upon an adult person at the premises and posted for
three consecutive days at the main door or entrance thereof, be
deemed to have been served upon all the sub-tenants of the premises
or any part thereof.
17. The applicant or his agent shall within two days after the
service of an application inform the office of the tribunal in writing
of the date of such service.
18. The tribunal may direct service of an application or answer
upon any interested party.

Answers.
19. A party having been duly served with a sealed copy of
an application and desiring to oppose it, shall prepare an answer
setting forth his reasons and all material facts in support of his
opposition.
20. The answer shall be headed with the words 'Grounds of
Opposition', and shall be in triplicate in the English language
(except as hereinafter provided) on paper similar in size to that
of the application. The answer shall be signed by the opponent
or his advocate.
21. Where the rent of the premises is less than twenty-five
dollars per month, applications or answers by the tenant may be
in the Chinese language.
22. The opponent or his advocate shall deliver two copies of
the answer (duly signed) to the office within seven days after service
of the application.





23. The applicant shall, not less than seven and not more than
ten days after service of the application, obtain from the clerk
a copy of the answer.

Date of Hearing.
24. Three days after a copy of the answer has been obtained
in accordance with rule 22, notice of the date fixed for the hearing
of the application will be posted at the office. This shall be deemed
to be due and proper notice to the parties.
25. At the date of the hearing, both parties shall appear before
the tribunal with their respective advocates, witnesses and docu-
mentary evidence.
26. If the party duly served with the application does not,
within the time prescribed therefor, deliver an answer as aforesaid,
the applicant may, upon filing an affidavit of service, apply to the
tribunal to hear the application in the absence of the defaulting
party.

Sittings of Tribunal.
27. No member of a tribunal shall hear an application in respect
of premises in which he is financially interested.
28. (1) The sittings of the tribunal will be on stated days.
(2) The sittings shall be public.
29. A note of all matters pertinent to the proceedings shall
be kept in the English language by or under the direction of the
chairman and in particular a note of the evidence of each witness
at the time when such evidence was given.
30. The tribunal (for reasons which the chairman shall record
in the notes of proceedings) may at any time do any of the following
things as it thinks just-
(a)defer or adjourn the hearing or determination of any
application;
(b)order or allow any amendments of an application or other
documents;
(c)appoint or allow a time for, or enlarge or abridge the time
appointed or allowed fgr or allow further time for, the
doing of any act;
(d) correct any errors in the record.
31. No application or answer shall be treated by the tribunal
as invalid on account of any technical error or mistake in form
or in words.

Evidence and Witnesses.
32. (1) All witnesses (except those objecting or incompetent
to take an oath) shall be examined upon oath, which shall be in
the following form-
'I swear by Almighty God that the evidence I shall give
shall be the truth, the whole truth and nothing but the
truth.'
(2) If any witness shall object to take an oath, or is held to
be incompetent to take an oath, he may make a declaration in
the following form-
'I, A. B., solemnly promise and declare, etc.'
(3) These. forms may be varied in conformity with the religious
belief of the witness into any form which he shall declare or
admit to be binding on his conscience.





33. Every witness is first examined-in-chief by the party calling
him. After the conclusion of the examination-in-chief the opposing
side has the right to cross-examine.
34. After the cross-examination, the party calling the witness
has the right to re-examine him if any new fact arises out of
the cross-examination or in explanation of any part of his cross-
examination, but the re-examination must be strictly confined to
matters arising out of the cross-examination. After the re-examilia-
tion, no further questions shall be asked of any witness, except
by leave of and through the tribunal, but the tribunal is at liberty
at any stage of the proceedings to put all such questions to any
witness as may be necessary in order to elicit all facts of the
case. The tribunal may at any time recall a witness for further
questioning. When any document is produced to the tribunal, it
shall be read and admitted as evidence if relevant and if it appears
to the tribunal to be a genuine document.
35. The tribunal may take into consideration any matter which
it considers relevant to the application before it notwithstanding
that such matter is not strictly admissible under the law relating
to evidence: Provided that nothing contained in this rule shall
preclude the court upon any appeal from disregarding anything so
admitted if it considers such course desirable in the interests of
justice.
Hearing.
36. (1) If at the hearing the applicant appears, but the
opponent does not appear, the tribunal shall, before hearing the
application, inquire into the service of the application on the absent
party.
(2) The tribunal if not satisfied as to service, may adjourn the
hearing to permit of such further service as it may direct; but
if so satisfied, may proceed to hear the application notwithstanding
the absence of the opponent.
37. If at the hearing the applicant does not appear and the
opponent appears and does not admit the application, rhe tribunal
may in its discretion dismiss or adjourn the application upon such
terms as to the tribunal shall seem fit.

Amendments.
38. The tribunal may at any stage of the hearing and in
such manner and upon such terms as may be just, allow all such
amendments to be made as may be necessary for the purpose of
determining the real question in controversy between the parties.

Orders.
39. (1) Every order made by the tribunal shall be noted in
the notes of the proceedings, at the time when the order is made.
(2) Every such order shall have the full force and effect of
a formal order.
40. The court may at any time cause a formal order to be
drawn up on the application of any party. A formal order shall
be certified by affixing thereto the seal of the tribunal and shall
be signed by the chairman. An order shall bear the date of the
delivery of the decision on which the order is founded.

Case Stated.
41. When a case has been stated under subsection (5) of section
27 it shall be the duty of the chairman to supply a copy thereof





to the Parties, who may within seven days apply by summons in
chambers to the court for an order directing the chairman to amend
the case in any particular. The chairman shall if so directed by
the court amend the case in accordance with such direction.
42. The court shall after the time for applying to amend th.3
case has elapsed or if it has directed the case to be amended,
after the case has been amended in accordance with its direction,
at the request of either party, set down the case for argument
before the court.
Appeal.
43. All appeals shall be brought by notice of motion in a
summary way.
44. The notice of motion shall be served on all persons affected
by the appeal and it shall not be necessary to serve parties not
so affected.
45. Notice of motion shall be a fourteen days notice.
46. An appeal must be brought within seven days after the
order or decision against which appeal is lodged.
47. A notice of motion shall operate as a stay of proceedings
under the decision from which appeal is made.
48. It shall be the duty of the appellant to apply tg the
chairman of the tribunal for a signed copy of the notes of the
proceedings before such tribunal and to furnish such copy for the
use of the court in the appeal. The appellant shall also furnish
such copy of the notes to the respondent.
Fees and costs.
49. A tenancy tribunal shall have no power to make any order
as to the payment of the fees or costs paid or incurred by the
applicant or opponent: Provided that in any proceedings before
the court or Full Court, the court or Full Court as the case may
be shall have full and complete discretion as to costs and may
order that such sum as it shall specify in such order be paid
by one or more of the parties before it to another party towards
the costs of such lastly mentioned party including any fees pay-
able to a barrister or costs due to a solicitor.
General.
50. The fees specified in Part III of this Schedule shall be paid.
51. Where in regard to any matter of practice or procedure
no provision is made in these rules, the practice and procedure
obtaining in the Supreme Court may be observed, so far as cir-
cumstances permit.
52. These rules may be cited as the Tenancy Tribunal Rules.

SCHEDULE.

PART II.
LIST OF FORMS.
1. Application to Vary Rent.
2. Application to Apportion Rent.
3. Application for Order for Ejectment.





4. Application for Rent and/or Mesne Profits.
5. Application for leave to Assign, Transfer or Sub-let.
6. { Affidavit of Service.
Affirmation
7. Order Fixing Rent.
8. Order Apportioning Rent.
9. Order for Possession.
10. Notice of Motion on Appeal.
11. Notice of Application for Exemption under section 31.
12. Affidavit of Service and posting of Notice of Application for
Exemption under section 31.
13. Application for leave to appear or make representations on
applications for Exemption under section 31.

FoRm 1.
TENANCY TRIBUNAL.
IN THE MATTER of the Landlord and
Tenant Ordinance.
(Chapter 255 of the Revised Edition.)
Application No.
[To be left blank.]

NATURE OF APPLICATION.
To VARY THE RENT PAYABLE.

Particulars of Application.

1. Name and address of applicant.
2. Name and address of opponent.
3. Description of premises.
4. Amount of rent payable.
5. Amount of increase or decrease sought.
6. Reason for the increase or decrease.
(Reasons for and material facts
in support should be stated on a
separate piece or pieces of paper).

FORm 2.
TENANCY TRIBUNAL.
IN THE MATTER of the Landlord and
Tenant Ordinance.
(Chapter 255 of the Revised Edition.)
Application No.
[To be left blank.]

NATURE OF APPLICATION.
To APPORTION THE RENT PAYABLE.

Particulars of Application.

1. (Name(s) and address(es) of applicant(s).
2. Name(s) and address(es) of opponent(s).





3. Address and description of premises.
4. Amount of rent payable to the landlord.
$ by
5. Apportionment of rent payable by each $ by
sub-tenant. $ by
$ by
$ by
6. State whether the apportionment is
based solely on the floor area or
upon other considerations also.

FORM 3.
TENANCY TRIBUNAL.
IN THE MATTER of the Landlord and
Tenant Ordinance.
(Chapter 255 of the Revised Edition.)
Application No.
[To be left blank.]

NATURE OF APPLICATION.
FOR AN ORDER FOR EJECTMENT.

Particulars of Application.

1. Name and address of applicant.
2. Name and address of opponent.
3. Address and description of premises.
4. Reasons for the application.
(Reasons for and material facts
in support should be stated on a
separate sheet or sheets of paper).

FORm 4.
TENANCY TRIBUNAL.
IN THE MATTER of the Landlord and
Tenant Ordinance.
(Chapter 255 of the Revised Edition.)
Application No.
[To be left blank.]

NATURE OF APPLICATION.
FOR PAYMENT OF RENT AND/OR Mesne PROFITS.

Particulars of Application.

* 1. Name and address of applicant.
* 2. Name and address of opponent.
* 3. Address and description of premises.

* These particulars need not be given where the application is made
concurrently with any other application in which the same already
appear.





4..........................The rent for the said premises is $........ per week/month.
5. The opponent is in arrears with payment of the said rent as
from .....................19 ; alternatively, lie is liable
to the applicant for mesne profits as from the said date.
6..............The applicant claims $ arrears of rent or mesne
profits.

..............FORm 5.
TENANCY TRIBUNAL.
IN THE MATTER of the Landlord and
Tenant Ordinance.
(Chapter 255 of the Revised Edition.)
Application No.
[To be left blank.]

NATURE OF APPLICATION,
FOR LEAVE To ASSIGN, TRANSFER OR SUB-LET.

Particulars of Application.

1. Name and address of applicant.
2. Address and description of premises.
3. Number of application pursuant to which order
for possession was made.
4. Date of said order.
5. Grounds for application.(These should be stated on a
separate piece or pieces of paper
to be similar in size to this form).
6 Proposed rent, and/or other consideration for
assigning, transferrring or sub-letting.
7. Name and address of proposed assignee,
transferee or sub-tenant.
8. Whether whole or portion of premises is subject
matter of application.
9. Whether the ejected tenant has been offered
the premises or portion thereof as the case
may be. Name and present address (if known) of ejected
tenant.

FORM 6
TENANCY TRIBUNAL.
IN THE MATTER of the Landlord and
Tenant Ordinance.
(Chapter 255 of the Revised Edition.)
Application No.
[To be left blank]

AFFIRMATION OF PERSONAL SERVICEt
AFFIDAVIT
I, of
make oath and say as follows:
hereby sincerely and truly affirm and say as follows:

t Strike out inapplicable words, according as affidavit or
affirmation is made.





I did on the day of 19 , at

personally serve
the person named as the opponent in the above application, with a
true copy of the said application-.
*And I solemnly sincerely and truly affirm and say that the
contents of this my affirmation are true.
SWORN at
AFFIRMED at
Victoria, Hong Kong,
Kowloon this day
of 19 , having been duly
interpreted to the deponent in the
dialect of the Chinese language by
Interpreter,
Before me,

For affirmations only.

FORm 7
TENANCY TRIBUNAL.
IN THE MATTER of the Landlord and
Tenant Ordinance.
(Chapter 255 of the Revised Edition.)
Application No.
[To be left blank.]

ORDER FIXING RENT.
UPON hearing this application on the
It is decided that an increase of the rent of
decrease
by $ is fair and reason-able,
AND IT IS ORDERED that the rent of the said premises be fixed at
$ per calendar month from the day
of 19
DATED the day of 19

............ 1
Chairman.

FORm 8.
TENANCY TRIBUNAL.
IN THE MATTER of the Landlord and
Tenant Ordinance.
(Chapter 255 of the Revised Edition.)
Application No.
[To be left blank.]

ORDER APPORTIONING RENT.
UPON hearing this application
on the





It is decided that the apportionment of the sum of $
being the rent of the premises
be as follows, namely:
the sum of $ to be payable by
the sum of $ to be payable by
the sum of $ to be payable by
the sum of $ to be payable by
the sum of $ to be payable by
the sum of $ to be payable by
AND IT IS ORDERED that the rent of the said premises be appor-
tioned accordingly as from the day of 19
DATED the day of 19
..........................................
Chairman.

FORM 9.
TENANCY TRIBUNAL.
INTHE MATTER of the Landlord and
Tenant Ordinance.
(Chapter 255 of the Revised Edition.)
Application No.
[To be left blank.]

ORDER FOR POSSESSION
UPON hearing this application
on the
(1) It is decided that
(2) It is ordered that the applicant
do recover possession of the premises as from
DATED the day of 19.

.................................. ..........
Chairman.

FORM 10.
IN THE SUPREME OF HONG KONG
SUMMARY JURISDICTION.
INTHE MATTER of the Landlord and
Tenant Ordinance.
(Chapter 255 of the Revised Edition.)
Action No.
[To be left blank.]

BETWEEN Appellant
and
Respondent.
NOTICE OF MOTION ON APPEAL.
TAKE NOTICE that the Court will be moved at ..................
o'clock m. on ..........day the ..day of 19
or as soon thereafter as may be.





The motion is on appeal for an order that the decision and/or
order made by tenancy tribunal in Application No . be
reversed
set aside and that the said
varied
pay to the said the costs of an incidental to this
appeal and for such further or other order as the Court may seem
just.

AND FURTHER TAKE NOTICE that the grounds of this appeal
are (here state concisely the grounds of the appeal, stating each
ground in a separate paragraph):

DATED the day of 19



...................................
Solicitor for the Appellant.


The above-named Respondent
and
The Registrar, Supreme Court.

. . .. .. .... ...
Counsel for the Appellant.


FORM 11.

TENANCY TRIBUNAL.

IN THE MATTER of the Landlord and
Tenant Ordinance.
(Chapter 255 of the Revised Edition.)
Application No.
[To be left blank.]

NOTICE OF APPLICATION FOR EXEMPTION UNDER SECTION 31.

To:
(insert name and address of landlord or tenant).
TAKE NOTICE that
of intends to apply under
section 31 of the abovementioned ordinance for a recommendation by
a tenancy tribunal that the premises (describe)
be exempted from the application of the said Ordinance.

AND FURTHER TAKE NOTICE that if you wish to oppose the
application you should within fourteen days of the date appearing
below give notice of such intention to the Registrar of the Supreme
Court from whom the appropriate form can be obtained.

DATED the day of 19

~~i.~na i u r ~- or c





FORm 12.
TENANCY TRIBUNAL.
IN THE MATTER of the Landlord and
Tenant Ordinance.
(Chapter 255 of the Revised Edition.)

AFFIDAVIT OF SERVICE AND POSTING OF NOTICE or APPLICATION
FOR EXEMPTION UNDER SECTION 31.
of
I hereby sincerely and truly affirm and say as follows:
make oath and say as follows:
I did on the day of 19 ' post up at the
entry of the premises known as
a notice of intention to apply that the said premises be exempt
from the provisions of the abovementioned Ordinance, of which notice
the document now shown to me marked is a true copy.
I also did on the day of 19
serve a duplicate of such notice on
who is tenant of the said premises.
landlord
*And I solemnly sincerely and truly affirm and say that the
contents of this my affirmation are true.
SWORN AT
AFFIRMED AT
Victoria, Hong Kong,
Kowloon this day
of 19 having been duly
interpreted to the deponent in the
dialect of the Chinese language
by
Interpreter,
Before me,

Strike out inapplicable words, according as Affidavit or
Affirmation is made.
For Affirmations only.

FORM 13.
TENANCY TRIBUNAL.
IN THE MATTER of the Landlord and
Tenant Ordinance.
(Chapter 255 of the Revised Edition.)
Application No.
[To be left blank.]

APPLICATION FOR LEAVE To APPEAR OR MAKE REPRESENTATIONS
ON APPLICATIONS FOR EXEMPTION UNDER SECTION 31.
I, of
hereby apply for leave (a)* to appear* personally before * (b)
by advocate
Delete whichever is inapplicable.





to make written representations to a tenancy tribunal on the hearing
of an application that the prernises known as
be exempted from the provisions of the abovenientioned Ordinance.

I am interested in the application because
(here state reason, e.g. 'I am a sub-tenant of part of the said
premises').

DATED the day of 19

(Signature or chop)

SCHEDULE

PART III.
FEES.
Where the rent does not exceed $50.00 per nionth:
Cost of application form ........$ 1.00
Every other form ....................50
Where the rent exceeds $50.00 per month:
Cost of application form ........$ 1.00
Every other form ....................50
Filing of application .............5.00

In all Cases:
Notice of appeal.............................................................. $10.00
25 of 1947. 13 of 1948. 43 of 1949. 24 of 1950. Short title. Interpretation. [s. 2 cont.] 13 of 1948, s. 2. 24 of 1950, schedule. Application of Ordinance. 13 of 1948, s. 3. (Cap. 123.) 13 of 1948, s. 3. [s. 3 cont.] 13 of 1948, s. 3. No rent in excess of the standard rent. Restriction on recovery of possession and effect of retention of possession. 43 of 1949, s. 3. (Cap. 123.) Permitted increases and adjustments. [s. 6 cont.] 43 of 1949, s. 4. Postponement of permitted increase where repairs effected by tenant. Offences. [s. 8 cont.] Recovery of excessive payments by civil action. Offence of protected tenant demanding premium, etc. Duties of principal tenant. [s. 11 cont.] Termination of principal tenancy. Saving as to new agreements to vacate. [s. 13 cont.] Savings for unexpired term. Agreed increase of rent. Tribunal may revise rent in certain cases. Tribunal may fix or apportion rents in certain cases. Order for eviction by tenancy tribunal. [s. 18 cont.] (15 of 1935.) Order for recovery where domestic premises are required for occupation by landlord, etc. Order where sub-letting is made without landlord's consent. Statement to be supplied as to standard rent. [s. 21 cont.] Powers of tribunal. Order for eviction of principal tenant not to operate against sub-tenants. Giving effect to order for eviction. Power of entry and inspection. Appeal. (Cap. 5.) [s. 26 cont.] 13 of 1948, s. 4. 13 of 1948, s. 4. [cf. 7 Ed. 7, c. 23, s. 1(6).] 13 of 1948, s. 4. 13 of 1948, s. 4. 13 of 1948, s. 4. 13 of 1948, s. 4. Constitution and powers of tribunals. 13 of 1948, s. 5. 24 of 1950, Schedule. [s. 27 cont.] Enforcement of order of tribunals. Power to make general rules and orders. Schedule. Appointment of members of tenancy tribunal panel and tenancy tribunals. 24 of 1950, Schedule. Power to exclude operation of Ordinance. [s. 31 cont.] Method of service of notices. Prohibition of acts done mala fide with intent to induce a lessee to quit. [s. 33 cont.] Duration of Ordinance. G.N.A. 272/50. Effect of the termination of the Ordinance. Collection of rates not to be effected. (Cap. 32.) (Cap. 255.) G.N.A. 175/48. [Sch, cont.] G.N.A. 175/48. [Sch, cont.] G.N.A. 175/48. [Sch, cont.] [Sch, cont.] [Sch, cont.] [Sch, cont.]

25 of 1947. 13 of 1948. 43 of 1949. 24 of 1950. Short title. Interpretation. [s. 2 cont.] 13 of 1948, s. 2. 24 of 1950, schedule. Application of Ordinance. 13 of 1948, s. 3. (Cap. 123.) 13 of 1948, s. 3. [s. 3 cont.] 13 of 1948, s. 3. No rent in excess of the standard rent. Restriction on recovery of possession and effect of retention of possession. 43 of 1949, s. 3. (Cap. 123.) Permitted increases and adjustments. [s. 6 cont.] 43 of 1949, s. 4. Postponement of permitted increase where repairs effected by tenant. Offences. [s. 8 cont.] Recovery of excessive payments by civil action. Offence of protected tenant demanding premium, etc. Duties of principal tenant. [s. 11 cont.] Termination of principal tenancy. Saving as to new agreements to vacate. [s. 13 cont.] Savings for unexpired term. Agreed increase of rent. Tribunal may revise rent in certain cases. Tribunal may fix or apportion rents in certain cases. Order for eviction by tenancy tribunal. [s. 18 cont.] (15 of 1935.) Order for recovery where domestic premises are required for occupation by landlord, etc. Order where sub-letting is made without landlord's consent. Statement to be supplied as to standard rent. [s. 21 cont.] Powers of tribunal. Order for eviction of principal tenant not to operate against sub-tenants. Giving effect to order for eviction. Power of entry and inspection. Appeal. (Cap. 5.) [s. 26 cont.] 13 of 1948, s. 4. 13 of 1948, s. 4. [cf. 7 Ed. 7, c. 23, s. 1(6).] 13 of 1948, s. 4. 13 of 1948, s. 4. 13 of 1948, s. 4. 13 of 1948, s. 4. Constitution and powers of tribunals. 13 of 1948, s. 5. 24 of 1950, Schedule. [s. 27 cont.] Enforcement of order of tribunals. Power to make general rules and orders. Schedule. Appointment of members of tenancy tribunal panel and tenancy tribunals. 24 of 1950, Schedule. Power to exclude operation of Ordinance. [s. 31 cont.] Method of service of notices. Prohibition of acts done mala fide with intent to induce a lessee to quit. [s. 33 cont.] Duration of Ordinance. G.N.A. 272/50. Effect of the termination of the Ordinance. Collection of rates not to be effected. (Cap. 32.) (Cap. 255.) G.N.A. 175/48. [Sch, cont.] G.N.A. 175/48. [Sch, cont.] G.N.A. 175/48. [Sch, cont.] [Sch, cont.] [Sch, cont.] [Sch, cont.]

https://oelawhk.lib.hku.hk/items/show/2109

ISSUE OF DUPLICATE BONDS ORDINANCE

CHAPTER 254.

ISSUE OF DUPLICATE BONDS.

To authorize the Accountant General to issue duplicate
bonds in lieu of bonds issued under the Public Worls
Loan Redeinption Ordinance, 1933 and the LIong Kong
Dollar Loan Ordinance (Chapter 73 of the Revised
Edition) which have since been lost or destroyed.

[22nd October, 1948]

1. This Ordinance may be cited as the Issue of
Duplicate Bonds Ordinance.

2. In this Ordinance---
'relevant Ordinances' means the Public Works Loan Re-
demption Ordinance, 1933 and the Hong Kong Dollar
Loan Ordinance.

3. The Accountant General may in his absolute dis-
cretion, on being satisfied by such evidence as he shall
deem sufficient that a bond issued under either of the re-
levant Ordinances has been lost or destroyed, issue a fresh
bond to the person who in his opinion would at the time of
such issue be entitled to be the holder of the bond so lost
or destroyed.

4. Except in cases where upon the destruction of a
bond issued under either of the relevant Ordinances an
acknowledgment in writing of Government's continued in-
debtedness is held by the applicant for a fresh bond the
Accountant General may make the issue of any fresh bond
conditional upon such indemnity and guarantee being-
entered into as lie may in his absolute discretion requrre.

5. (1) Any fresh bond issued under the provisions of
this Ordinance shall so far as possible and subject as herein-
after provided be a duplicate of the lost or destroyed bond
in place of which it is issued: Provided that-
(a) there shall be removed from such bond by the
Accountant General such number of coupons as
shall represent the interest that has been paid at
the date of issue; and





(b) such fresh bond may have a number allotted to it
which differs from the number of the bond so lost
or destroyed and shall contain such particulars of
the bond in place of Milch it is issued as are reason-
ably ascertainable and an indorsement bearing the
signature of the Accountant General that it is issued
pursuant to the provisions of this Ordinance. -

(2) Without prejudice to the provisions of Subsection
(3) a fresh bond issued under this Ordinance shall be deemed
for all purposes to be the bond in place of which it is issued.

(3) Upon the production to the Accountant General of
the original bond in place of which a fresh bond has been
issued under this Ordinance the latter shall cease to have
any validity and shall be delivered up by the owner to the
Accountant General for canceflation.

6. Subsection (3) of section 5 shall cease to have any
application upon the expiration of six months after notifica-
tion in the Gazette by the Accountant General of his inten-
tion to issue a fresh bond under this Ordinance in lieu of a
bond issued under either of the relevant Ordinances :
Provided that this section shall not apply unless stich
notification gives such partiCLIlars of such lastly mentioned
bond as would reasonably enable the holder thereof to
identify it.

7. In any case in which subsection (3) of section 5
has ceased to apply in respect of any bond issued wider
either of the relevant Ordinances such bond shall be deemed
to have been cancelled and shall not confer any right Upon
the holder thereof or impose any liability on Government.
54 of 1948. Short title. Interpretation. (15 of 1933.) (Cap. 73.) Accountant General may issue fresh bonds for lost or destroyed bonds. Indemnity and guarantee may be required save where acknowledgment exists. Form and effect of issue of fresh bond. [s. 5 cont.] Fresh bond to continue to have validity if original bond not produced within six months of certain notice. Circumstances in which original bond shall be deemed to have been cancelled.

54 of 1948. Short title. Interpretation. (15 of 1933.) (Cap. 73.) Accountant General may issue fresh bonds for lost or destroyed bonds. Indemnity and guarantee may be required save where acknowledgment exists. Form and effect of issue of fresh bond. [s. 5 cont.] Fresh bond to continue to have validity if original bond not produced within six months of certain notice. Circumstances in which original bond shall be deemed to have been cancelled.

https://oelawhk.lib.hku.hk/items/show/2108

HONGKONG AND SHANGHAI BANKING CORPORATION (RECONSTRUCTION OF RECORDS) ORDINANCE

CHAPTER 253.

HONGKONG AND SHANGHAI
BANKING CORPORATION
(RECONSTRUCTION OF RECORDS).

To make provision for The Hongliong and Shanghai
Banking Corporation analogous to the provisions of
Section 14 of the Companies (Reconstruction of Records)
Ordinance, (Chapter 249 Of the Revised Edition,) relat-
ing to the issue of new share certificates where original
certificates have been lost.

[16th January, 1948.]

1. This Ordinance may be cited as The Hongkong
and Shanghai Banking Corporation (Reconstruction ot
Records) Ordinance.

2. In this Ordinance 'bank' means The Hongkong
and Shanghai Banking Corporation.

3. (1) Any person who is the registered proprietor of
any shares in the bank or claims to have becorne entitled to
be registered in the register of members as the proprietor
,thereof and who is not in possession of the share certificate
relating thereto may, within three months from the com-
mencement of this 6rdinance, apply in writing to the bank
at its head office in the Colony for the issue of a new share
certificate under the provisions of this section.

(2) Such application shall be made in the prescribed
form and shall be accompanied by a statutory declaration
which, in the case of the application being made by a
person other than the registered proprietor, shall verify the
claim and shall in all cases state-
(a)when the share certificate was last in the
applicant's possession and how he lost possession
thereof;
(b)whether the applicant has executed any transfer in
respect thereof, whether in blank or otherwise; and
(c)that no other person is entitled to be registered as
the proprietor of the said shares.





(3) If the bank has not received notice of any conflict-
ing claim, it shall, after compliance with the provisions of
subsections (4) and (5), advertise in the Gazette in three
successive months in the prescribed form its intention to
issue a new certificate in respect of all or any of the shares
to which the application relates.

(4) If such application is made by the registered pro-
prietor or the registered proprietor joins in the application
the bank may insert the first advertisement under the sub-
section immediately preceding as soon as the secretary of
the Hong Kong Stock Exchange Limited has certified to
the company in writing at the foot of a copy of the proposed
advertisement by him in accordance with the provisions of
subsection (6).

(5) If such application is made otherwise than as
aforesaid the bank may insert such advertisement only if
no objection is received from the registered proprietor within
ninety days after a copy of such proposed notification has
been served upon him by the bank by sending the same
by registered post to his last registere d address.

(6) The Hong Kong Slock Exchange Limited shall set
aside a conspicuous place in the Stock Exchange Building,
for the posting and exhibition of copies of proposed ad-
vertisements tinder subsection (5) and shall, at the request.
of the bank, exhibit in such place any copy of a proposed
advertisement required by subsection (3) Supplied to the
said Stock Exchange by such secretary.

(7) Upon the expiration of three months from the first
insertion in the Gazette of the prescribed advertisement, if
the bank has not received notice of any clairn, whether given
before or after the commencement of this Ordinance, con-
flicting with the application for a Pew share certificate it
may issue a new share certificate to the applicant notwith-
standing the non-production of the certificate granted to the
person appearing in the register as the registered proprietor
and shall in such event cancel such lastly mentioned
certificate.

(8) The issue of a new share certificate and the can-
cellation of the previous certificate provided for by the





preceding subsection shall be notified in the Gazette in the
prescribed form and a copy thereof shall be sent by the
bank to the said Stock Exchange.

(9) Where a share certificate has been cancelled in
accordance with the provisions of subsection (7) the follow-
ing provisions shall apply-
(a)rectification of the register may still be rnade in
favour of a person claiming tinder such share cer-
tificate as against the person to whom a new share
certificate has been granted but shall not be made
as against a bona fide purchaser for value without
notice from the person to whom such new share
certificate has been granted or against any person
claiming under such bona fide purchaser;
(b)in the event of an order for, rectification being made
under the preceding paragraph the bank shall not
be or be made liable in any way whatsoever for
having issued and acted on the new certificate;
(c)in any case in which, but for the provisions of this
section, a person claiming tinder a share certificate
which has been cancelled by the bank under the
provisions of this section, would have been entitled
to have his name placed on the register of members
as proprietor of the shares to which such certificate
relates the bank shall not be or be made liable to
such person for such cancellation or for having
issued a new certificate or because the person to
whom such cancelled certificate was issued was
registered in the register of members as the pro-
prietor of the shares in respect of which such cer-
tificate was granted but the person to whom a new
certificate was granted shall in such event be liable
in damages to the person claiming under the
cancelled share certificate for the value of the
shares as at the time of their transfer to a bona fide
purchaser for value without notice.

(10) All expenses relating to the issue of a new
certificate and the cancellation of a previous certificate under
this section shall be borne by the applicant and it shall
be lawful for the bank notwithstanding the mandatory pro-
visions of this section to refuse to comply therewith until





provision for the payment of such expenses has been rnade
to its satisfaction.

4. 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 persons except such as are mentioned in
this Ordinance and those claiming by, from or tinder them.

SCHEDULE.

FORm 1. [s. 3]
HONGKONG AND SHANGHAI BANKING CORPORATION
(RECONSTRUCTION OF RECORDS)
ORDINANCE.
(Chariter 253 of the Revised Edition)
APPLICATION FOR THE ISSUE OF A NEW SHARE CERTIFICATE.
This application is made by ................................................
of ............................................................................................
who claims *as the registered proprietor of .......
*as transferee from the registered proprietor
shares in the bank.
The distinguishing numbers of the shares are ........................
tSeparate certificates numbered ................. and
respectively were issued in respect of Nos . ..............
..........................and Nos . ......... to .............
DATED this .....day of ...................... 19

...................
(Signature of Applicant.)

Delete whichever is not applicable.
If numbers are unknown, state 'unknown'.





FORm 2. [s. 3]
HONGKONG AND SHANGHAI BANKING CORPORATION
(RECONSTRUCTION OF RECORDS)
ORDINANCE.
(Chapter 253 of the Revised Edition)
NOTICE OF INTENTION TO ISSUE NEW SHARE CERTIFICATE.
*First
*Second Notice
*Third

THE HONGKONG AND SHANGHAI BANKING CORPORATION,

HONG KONG.

NOTICE is hereby given that application has been received
from .............of
*a new certificate
for the issue of *new certificates in respect of
shares in the abovementioned bank.

Distinguishing Nos. . ............ ..
Certificate Nos . ......and
AND TAKE NOTICE that in default of claims by other persons
to be registered as proprietors of the said shares being received by
the bank within three months fronn the first publication of this notice
in the Gazette the bank may issue *a new certificate in respect of
*new certificates
the said shares.

DATED this ....day of ..........19

.....................................
The Hongkong and Shanghai Banking Corporation.


I hereby certify that a copy of the above advertisement has
been exhibited by me in the Stock Exchange.

Secretary.
Hong Kong Stock Exchange Limited.

Delete whichever is not applicable.
If numbers are unknown, state 'unknown'.






FORm 3. [s. 3]
HONGKONG AND SHANGHAI BANKING CORPORATION
(RECONSTRUCTION OF RECORDS)
ORDINANCE.

(Chapter 253 of the Revised Edition.)

NOTICE OF CANCELLATION OF PREVIOUS SHARE CERTIFICATE AND
ISSUE OF NEW CERTIFICATE.

THE HONG KONG AND SHANGHAI BANKING CORPORATION,
HONG KONG.

To all whom it may concern:
NOTICE is hereby given that pursuant to the provisions
of the abovementioned Ordinance, the bank has cancelled the
*Certificate numbered and
*Certificates numbered
Distinguishing numbers issued to
.................in respect of ............ shares
in the abovementioned bank.

* Certificate No . ................having been
* Certificates Nos . and
* a new Certificate numbered .......................................
cancelled * new Certificates numbered and
distinguishing numbers .....has been issued
-------have,
to ............................................................
A copy of this notice has been sent to the Hong Kong Stock
Exchange Limited.

DATED this .....day of ..........19

The Hongkong and Shanghai Banking Corporation.

Delete whichever is not applicable.
if numbers are unknown, state 'unknown'.
1 of 1948. Short title. Interpretation. Issue of new share certificate where original is lost. Schedule Form 1. [s. 3 cont.] Schedule. Form 2. [s. 3 cont.] Schedule. Form 3. [s. 3 cont.] Saving. [Sch, cont.]

1 of 1948. Short title. Interpretation. Issue of new share certificate where original is lost. Schedule Form 1. [s. 3 cont.] Schedule. Form 2. [s. 3 cont.] Schedule. Form 3. [s. 3 cont.] Saving. [Sch, cont.]

https://oelawhk.lib.hku.hk/items/show/2107

ENFORCEMENT OF RIGHTS (EXTENSION OF TIME) ORDINANCE

CHAPTER 252.

ENFORCEMENT OF RIGHTS
(EXTENSION OF TIME).

To extend the period during which legal proceedings may
be instituted and rights may be exercised.

[16th July, 1948.]

1. This Ordinance may be cited as the Enforcement
of Rights (Extension of Time) Ordinance.

2. In this Ordinance-
'debt' means any form of claim for payment of or obliga-
tion to Pay money;
'disability period' means the period from the 8th day of
December, 1941, to the commencement of this Ordin-
ance ;
'legal proceedings' means any proceedings which might
have been instituted at any time during the disability
period before a competent court, tribunal or arbitrator
and any defence, counterclaim, set-off, rebuttal, reply
or objection which might have been made or relied
upon before any such court, tribunal or arbitrator;
,'period of limitation' means any period (whether prescribed
by any enactment, instrument or otherwise and whether
of definite or indefinite duration) which, by reason of
the lapse thereof and by reason of the rules of law
and principles of equity applicable to the Colony has,
or would but for this Ordinance have, the effect of
extinguishing any title, estate, interest or right or bar-
ring or prohibiting any right or the exercise thereof
or any remedy for the enforcement or exercise of any
right;
'person' includes an association of persons;
'right' means any right, remedy, power, option, privilege
or facility.

3. Save to the extent hereinafter appearing the failure
of a person during the disability period to institute or take
any step in legal proceedings to enforce a debt or to avail
himself, whether by legal proceedings or otherwise, of any
right shall have no effect for the purpose of any period of





limitation or for the purpose of any equitable doctrine of
laches or acquiescence and, save to the extent hereinafter
appearing, the rules of law and principles of equity shall
in such niatters as aforesaid be applied as if no period of
time had elapsed between the 7th day of December, 1941,
and the commencement of this Ordinance.

4. In the case of any debt to which by, article 6 of
the Moratorium Proclamation the moratorium was declared
not to apply, section 3 shall have effect as if the disability
period did not include any period subsequent to the 1st day
of May, 1946, and as if the words 'and the 1st day of
May, 1946 were therein substituted for the words 'and
the coinmenceinent of this Ordinance---.

5. Notwithstanding the above provisions, in any case
in which the court is satisfied that a person was at any
material time after the 31st day of August, 1945, able by
himself or an agent effectively to exercise . any right, not
being a right-
(a)ancillary to or for better securing a right to recover
or enforce any debt to which the Moratorium Pro-
clamation applied; or
(b) a right conferred confirmed declared or amplified
bY the Land Transactions (Enemy Occupation)
Ordinance,
then the court may, in its discretion, take into considera-
tion for the purpose of any equitable doctrine of laches
or acquiescence the failure to exercise such a right, not
being a failure attributable to a reasonable expectation that
provision affecting such a right would be made by sonic
enactment applicable to the Colony.

6. This Ordinance shall bind the Crown.
38 of 1948. Short title. Interpretation. Exclusion of disability period form period of limitation or for purposes of laches or acquiescence. [s. 3 cont.] Disability period to end on 1st May, 1946, in certain cases. Ability to exercise a right effectively may further reduce disability period. (Cap. 256.) Ordinance binding upon Crown.

38 of 1948. Short title. Interpretation. Exclusion of disability period form period of limitation or for purposes of laches or acquiescence. [s. 3 cont.] Disability period to end on 1st May, 1946, in certain cases. Ability to exercise a right effectively may further reduce disability period. (Cap. 256.) Ordinance binding upon Crown.

https://oelawhk.lib.hku.hk/items/show/2106

EMERGENCY POWERS (EXTENSION AND AMENDMENT INCORPORATION) ORDINANCE

CHAPTER 251.

EMERGENCY POWERS
(EXTENSION AND AMENDMENT INCORPORATION).

To give permanent effect to amendments inade to various
Ordinances by certain Defence Regulations and to
make provision for the continuance in force of certain
Defence Regulations for a limited p&riod.

[1st November, 1946.]

1. This Ordinance may be cited as the Emergency
Powers (Extension and Amendment Incorporation) Ordance.

2. The amendments specifiedin the First Schedule.
to this Ordinance being amendments of the Ordinances
mentioned in that Schedule made by Defence Regulations
therein mentioned, shall have permanent effect.

3. (a) The Defence Regulations* mentioned in the
Second Schedule to this Ordinance shall continue in force
subject to such modifications as are specified in that
Schedule until the 31st day of December, 1947, or until
such earlier date as the Governor may by order declare.

(b) Section 9 of the Interpretation Ordinance shall
apply upon the expiry of any Defence Regulation continued
in force by this Ordinance as if such expiry constituted
the repeal of in enactment.

4. (1) The Compensation (Defence) Regulations,'
1940, as modified by Government Notification No. 424 of
1947, shall, notwithstanding their expiry on the 31st day
of December, 1947, be deerned to have continued in force
and the same are hereby continued in force with the
additional modifications set out in, the Schedule to the
Emergency Powers (Extension and Amendment Incorpora-
tion) Amendment Ordinance, 1948.

All regulations and modifications thereof referred to in this
Ordinance, and in the Second Schedule hereto, which are still In
force, are omitted from the Revised Edition under the authority
of section 10 of the Revised Edition of the Laws Ordinance, 1948.





(2) The Defence Regulations aforesaid shall, with such
modifications as aforesaid and any further modification
which the Governor may, as he is hereby authorized, by
order made from time to time, continue in force until the
Governor by order declares that they shall expire and upon
such expiry section 9 of the Interpretation Ordinance shall
apply as if such expiry constituted the repeal of an enact-
ment.

(3) The regulations* in the Schedule to the Emergency
Powers (Extension and Amendment Incorporation) Amend-
ment Ordinance, 1950, shall be deemed to have been made
by order of the Governor under subsection (2) and to have
had effect from the 1st day of April, 1949. [3A

FIRST SCHEDULE. [s. 2.]

(Note: This Schedule contained amendments to the following
Ordinances, the detail of which is omitted as such amendments have
been incorporated into such Ordinanceg as now printed-
(a) trading with the Enemy. (Cap. 188)
(b) Defences (Firing Areas). (Cap. 196)
The following Ordinances, which have been repealed, were also
amended-
(a) Volunteer Ordinance, 1933.
(b) Registration of Persons Ordinance, 1939.
The remainder of the Schedule now follows, and affects an
Ordinance omitted from the Revised Edition under the authority of
section 5 of the Revised Edition of the Laws Ordinance, 1948.)
Amendment of the Alien Enemies (Winding Up) Ordinance,
1914, made by the Alien Enemies (Winding Up) Ordinance, 1914,
Amendment Regulations, 1940.
1. Section 5 of the Alien Enemies (Winding Up) Ordinance,
1914, is amended by the insertion of the following subsections
immediately after subsection (13) thereof-
'(13A) Where any business for which a liquidator has been
appointed under this section has assets in enemy territory,
the liquidator shall, if in his opinion it is practicable so
to do, cause an estimate to be prepared-
(a) of the value of those assets;
(b) of the amount of any liabilities of the business to
creditors, whether secured or unsecured, who are
enemies;
(c)of the amount of the claims of persons who are enemies
to participate, otherwise than as creditors of the
business, in any distribution of assets of the business;
and, where such an estimate is made, the said liabilities
and claims shall, for the purposes of this section, be deemed

See footnote on previous page.





to have been satisfied out of the said assets of the business
in enemy territory, or to have been satisfied thereout so
far as those assets will go, and only the balance (if any)
shall rank for satisfaction out of the other assets of the
business.
(13B)Where an estimate has been prepared under subsection
(13A), a certificate of the liquidator as to the value or
amount of any assets, claims or liabilities to which the
estimate relates shall be conclusive for the purpose of
determining the amount of the assets of the business avail-
able for discharging the other liabilities of the business
pLnd for distribution amongst other persons claiming to be
interested in the business: Provided that nothing in this
subsection shall affect the rights of creditors of, and other
persons interested in, the business against the assets of the
business in enemy territory.'
2. The Alien Enemies (Winding Up) Ordinance, 1914, is
amended by the insertion immediately after section 26 thereof of
the following section-
26A. The Governor may, on an application made by a liquida-
tor appointed under this Ordinance, after considering the application
and any objections which may be made by any person who appears
to him to be interested, by order grant the liquidator a release,
and an order of the Governor under this section shall discharge
the liquidator from all liability in respect of any act done or default
made by him in the exercise and performance of his powers and
duties as liquidator; but any such order may be revoked by the
Governor on proof that it was obtained by fraud or by suppression
or concealment of any material fact.'

SECOND SCHEDULE [s. 3 (a).]

Defence Regulations. Modification.
Defence Salvage Regulations, The reference to the Defence
1939, published as Government Regulations, 1940, in Regulation
Notification No. 1018 of 1939. 3 shall be deemed to be a refer-
ence to those of the Defence
Regulations, 1940, which are
enumerated in Part I of the
Second Schedule to the Erner-
gency Powers (Extension) Pro-
clamation, as the same are
therein modified and are con-
tinued in force by Article 5 of
the said Proclamation and the
exercise of the Governor's
powers thereunder.
The Prison Rules Amendment
Regulations, 1940.
The Examinations of Masters
and Mates Amendment Regula-
tions, 1941.
The Hong Kong Defence Re-
gulations etc., (Collection and
Proof) Regulations, 1941.
26 of 1946. 32 of 1948. 19 of 1950. Short title. Permanent effect of certain amendments. First Schedule. Continuance in force of certain Defence Regulations. Second Schedule. (Cap. 1.) Continuance in force of the Compensations, 1940. 32 of 1948, s. 2. 19 of 1950, s. 2. First Schedule cont. Release of liquidator.

26 of 1946. 32 of 1948. 19 of 1950. Short title. Permanent effect of certain amendments. First Schedule. Continuance in force of certain Defence Regulations. Second Schedule. (Cap. 1.) Continuance in force of the Compensations, 1940. 32 of 1948, s. 2. 19 of 1950, s. 2. First Schedule cont. Release of liquidator.

https://oelawhk.lib.hku.hk/items/show/2105

DEBTOR AND CREDITOR (OCCUPATION PERIOD) ORDINANCE

CHAPTER 250.

DEBTOR AND CREDITOR (OCCUPATION PERIOD).

To determine the degree of validity to be accorded to inoney
payments viade and debts incurred during the period of
enemy occupation of the Colony and matters related
thereto.

[18th June, 1948.]

1. This Ordinance may be cited as the Debtor and
Creditor (Occupation Period) Ordinance.

2. (1) In this Ordinance-
'absent' means absent from territory under the sovereignty
or in the occupation of the occupying power, and a body
corporate shall be deemed to have been so absent while
its registered office was not in any such territory;
'agent', in relation to the occupation period, includes a
person deemed to have been an agent in accordance with
the provisions of subsection (2) ;
'bank' means any person, partnership or corporation carry-
ing on the business of banking;
'custodian' means the person or persons appointed by the
occupying power as custodian of enemy property or
to receive rentals due to enemies of the occupying power
but does not include a liquidator;
'debt' means any sum of money payable by virtue of a
legal obligation and recoverable when due by process
of law;
'duress or coercion' includes any act of informing or threat
to inform an official of the occupying power of the
refusal of a creditor or his agent to accept payment of
a debt in occupation currency;
'Hong Kong currency' means the dollar currency in
circulation and constituting legal tender in the Colony
before the occupation period or after the ist day of
May, 1946;
'liquidator' means an person appointed by the occupying
power and acting as liquidator of any corporation, corn-
pany, firm or other commercial undertaking and includes
the custodian if acting as such liquidator;





'occupation currency' means any, currency issued by the
occupying power and in circulation during the occupation
period, but does not include Hong Kong currency;
'occupation period' means, in relation to the Colony, the
period between the 25th day of December, 1941, and
the ist day of September, 1945, and includes any part
of such period;
'occupying power' means the power exercising during the
occupation period the functions of government in the
Colony or any part thereof;
'property' includes any thing in action and any interest ill
property movable or immovable;
'restraint' means confinement by or under the authority of
the occupying power but does not include a sentence of
imprisonment awarded by a competent court for a
criminal offence.

(2) For the purpose of this Ordinance any person who,
immediately prior to the commencement of the occupation
period, had authority (hereinafter referred to as his former
authority) to act as agent for another (hereinafter referred
to as his former principal) shall be deemed to have been the
agent of his former principal to the extent that he continued,
during the occupation period and while his former principal
was absent or under restraint, to act on behalf of his former
principal in any matter which would have been within the
scope of his former authority notwithstanding that his former
authority had been determined upon the commencement of
or during the occupation period and while his former prin-
cipal was absent or under restraint in any of the following,
ways, that is to say-
(a)by operation of law as a result of the occupation of
the Colony by the occupying power;
(b)by the expiration of the period of the agency of such
person except where such agency was for'the pur-
pose of a particular transaction only;
(c)in any other way unless such person had notice of
the fact or facts which so determined his former
authority.

3. (1) Where any payment was niade during. the.
occupation period in Hong Kong currency or occupation
currency by a debtor or by his agent or by a custodian or a
liquidator acting or purporting to act on behalf of such





debtor to a creditor or to his agent or to a custodian or a
liquidator acting or purporting to act on behalf of such
creditor and such payment was made in respect of a debt-
(a)payable by virtue of an obligation incurred prior
to the commencement of the occupation period;
and
(b) accruing due either prior to or after the commence-
ment of the occupation period,
such payment shall subject to the provisions of subsection
(2) be a valid discharge of such debt-
(i) to the extent of the face ,alue of such payment
if made in Hong Kong currency; or
(ii) at the official rate prescribed by the. occupying
power if payment made in occupation Currency; or
(iii) at the rate agreed by the parties concerned.
(2) In any case-
(a)where the acceptance of such payment in occupation
currency was obtained by duress or coercion, or
(b)whcre such payment VVIls rnade in occupation cur-
reticy in respect of a pre-occupation capital debt
which-
(i) was not clue at the time of such payrnent;
or
(ii) if due was not demanded by the creditor or
by his agent on his behalf and was not payable
tinder a contract the parties to which expressly
stipulated thal it should be of the essence Of such
contract that payment should be made on a date
certain ; or
(iii) if due and demanded was not made within
three months of such demand,
such payment shall be revalued in accordance with the scale
contained in and in the manner prescribed in the Schedule
and shall be a valid discharge of such debt only to the extent
of such revaluation.
(3) In subsection 2) pre-occupation capital debt
means any such debt as is referred to In subsection (i),
includinga sum payable as interest but not including a sum
payable as rent and accruing due after the commencement
of the occupation period.

4. Any payment made during the occupation period
by a debtor or his agent to a creditor or his agent in respect
of a debt payable by virtue of an obligation incurred during





the occupation period and accruing due before on or after
the commencement of this Ordinance-
(a)shall, if made in a currency in which the debt was
incurred, be a valid discharge of the debt to the
extent of the face value of the payment; and
(b)shall, if made in occupation currency in respect of
a debt incurred in Hong Kong currency, or if made
in Hong Kong currency in respect of a debt incurred
in occuparion currency, be a valid discharge of the
debt to the extent of the face value of the equi-valent
amount in Hong Kong currency or in occupation
currency, as the case may be, caicialated at the
official rate of exchange prescribed by the occupy-
ing power or, where another rate was agreed by the
parties concerned, at that rate.

(i) Save as provided in section 6 and subject to the
provisions of subsection (2) any debt or any part of a debt
payable by virtue of an obligation incurred during the
occupation period and accruing due before on or after the
commencement of this Ordinance which still remains unpaid
at the commencement of this Ordinance shall unJess such
debt was expressly made payable otherwise than in occupa-
tion currency be revalued in accordance with the scale
contained in and in the manner prescribed in the Schedule
and shall be payable to the extent determined by such
(2) The provisions of subsection (i) shall not apply in
respect of any debt or part of a debt which represents interest
on a principal sum but any interest payable on the principal
sum where the principal surn is revalued in accordance with
the provisions of this section, shall, if the interest is due but
unpaid at the commencement of this Ordinance or if it
becornes due thereafter, be payable only on the amount of
the principal sum as so revalued.
(3) No action shall be brought on any debt expressed
in occupation currency Unless it is revalued in dollars under
the provisions of this Ordinance.

6. Notwithstanding any other provision of this Ordin-
ance, the liability of a bank to a customer as at the end of
the occupation period on any bank account shall not in any
case exceed-
(a)the amount (if any) which stood to the credit of such
customer in such account immediately prior to the





commencement of the occupation period together
with the amount of any deposit made in Hong Kong
currency during the occupation period less any
withdrawals in Hong Kong currency,
less-
(b) the excess of withdrawals made in occupation cur-
rency over deposits made in occupation currency
converted at the rate of exchange prescribed by the
occupying power which for the purposes of this
section shall be deemed to be four dollars Hong
Kong currency to one military yen.

7. For the purposes of sections 3, 4 and 5-
(a)any payment made by or on behalf of any person
into any bank account during the occupation period
shall be deemed to have been applied first to any
debit balance or part thereof which arose during the
occupation period and was still outstanding against
such person in such account at the time when such
payment was made; and
(b) any withdrawal made by or on behalf of any person
from any bank account during the occupation period
shall be deemed to have been applied first to any
credit balance or part thereof which arose during the
ocupation period and was still outstanding in favour
of such person at the tinie when such withdrawal
was made. [8

8. For the purposes of this Ordinance a copy of an
entry in a banker's book shall in all proceedings be received
as prima facie evidence of such entry and of the matters,
transactions and accounts therein recorded notwithstanding
that such book was during the occupation period in the
custody and control of a custodian or a liquidator. [9

9. (1) Any interest in respect of the occupation period
on a debt (whether accrued due or not) payable by virtue of
an obligation incurred prior to the commencement of the
occupation period being interest at a rate provided for by
agreement or statute or otherwise (hereinafter called the due
rate) and unpaid at the commencement of this Ordinance
shall be payable at such rate as is provided by this section.





(2) If the due rate is higher than four per cent Per
annum such interest shall be payable at the rate of four per
cent Per annum :
Provided that-
(a)any person to whom the interest is payable may
apply to the Supreine Court by originatin- sum-
mons for an order that the interest shall be payable
at a rate higher than four per cent per awnum and
the Supreme Court may, on the hearing of such
summons, make an order that the interest shall be
payable at Such rate higher than four per cent per
annum but riot exceeding the due rate as to the court
shall seem fit;
(b) any person by whom the interest is payable may,
apply to the Supreme Court by originating sum-
inons for an order that the interest shall be payable
at a rate lower than four per cent per and
the Supreme Court may on the hearing of such
summons make an order that the interest shall be
payable at such rate lower than four Per cent per
annum as to the court shall seem fit.

(3) If the due rate is four per cent per annum or lower
such interest shall be payable at the due rate : Provided
that any person by whorn the interest is payable may apply
to the Suprerne Court by originating summons for an order
that the interest shall be payable at a rate lower than the due
rate and, on the hearing of such summons, the Suprenic
Court may make an order that the interest shall be payable
at such rate lower than the due rate as to the court shall seem
fit.

(4) In deciding whether to make any such order as
aforesaid the Supreme Court shall have regard to all the
circumstances of the case and in particular to the value of
any advantage which the debtor enjoyed up to the date of
the commencement of this Ordinance from the existence of
the debt and froin the enJoyment of an), property acquired
by him by virtue of the transaction whereby the debt was
incurred.

(5) On the hearing of any such summons as aforesaid
the Supreme Court may whether or not it orders an increase
or decrease in the rate of interest, prescribe the time within
which the interest shall be paid.





(6) If the debt is payable by virtue of an obligation
incurred by an enemy the provisions of this section with
regard to the payment of interest at a rate other than the
due rate shall not apply and interest shall be payable at the
due rate. For the purposes of this subsection enemy
means-
(a)any state or sovereign of a state which was at any
time during the occupation period at war with His
Majesty;
(b)any body of persons constituted in or incorporated
in or under the laws of any such state; and
(c) any individual who possessed during the occupation
period the nationality of any such state and has
not since divested himself thereof. [10

10. (1) In any case where a debt purporting to have
been discharged in whole or in part by payment in occupation
currency is by virtue of the provisions of this Ordinance
deemed to be wholly or partly undischarged at the com-
mencement of this Ordinance and where the payment of such
debt before such purported discharge as aforesaid was secured
by any mortgage charge lien guarantee indemnity or other
form of security the rights of the creditor in relation to such
mortgage charge lien guarantee indemnity or other form of
security shall be deemed not to have been extinguished or
diminished by such purported discharge.
(2) Where the rights of a creditor in respect of a security
have been deemed by virtue of subsection (i) not to have
been extinguished or diminished-
(a)the creditor may give notice in writing of not less
than one month calling upon the debtor and any
third party who furnished the security to reinstate
or replace such security and to execute all documents
and do all acts necessary for that purpose ; atid in
default of compliance therewith the Supreme Court
may, on application by the creditor on an originat-
ing summons, make such order as to the court
shall seem fit to reinstate the security or replace
it with other equivalent security and to execute all
documents and do all acts necessary for that
purpose
(b) where any person neglects or refuses to comply, with
an order under paragraph (a) directing him to
execute any such documents or to do any such acts





the court may on such terms and conditions if any
as may be just nominate any person to execute such
documents and to do such acts and any document,
so executed or act so done shall operate for all
purposes as if it had been executed or done by the
person originally directed to execute or do the same;
(c) the creditor may give notice in writing to any com-
pany the stock share bonds or debenture of which
were subject to any charge to such creditor by way
of a security as aforesaid and upon the receipt of
such notice such company shall not permit or record
any transfer of such security until the debtor or any
third party who has furnished the security has
reinstated or replaced such security, or in default
thereof the Supreme Court has made an order under
paragraph (a).

11. Nothing in this Ordinance shall affect any agree-
ment made between a debtor and a creditor at any time after
the end of the occupation period for the purpose of-
(a) valuing any payment made during the occupation
period in respect of a debt (whether accrued due or
not) payable by virtue of an obligation incurred prior
to or after the commencement of the occupation
period; or
(b) providing for the payment or other settlement of any
debt or part of a debt (whether accrued clue or not)
payable by virtue of an obligation incurred during
the occupation period and still unpaid at the com-
mencement of this Ordinance; or
(c) determining a rate for the payment of any such
interest as is referred to in subsection (i) of section
io. [12

SCHEDULE. [ss. 3 (2) & 5.]

1. Where any such payment as is mentioned in subsection (2)
of section 3 of the Ordinance was made in occupation currency
during any month or any period set out in the first column of
paragraph 3 of this Schedule, such payment shall be revalued by
taking the number of dollars in Hong Kong currency set out
opposite such month or period in the second column of paragraph
3 of this Schedule as equivalent to one thousand military yen.





2. In the case of a debt incurred during the occupation period
which falls to be revalued under section 5 of this Ordinance, if
the whole or any part thereof remains unsatisfied such whole or
part shall be revalued as in the month or period in which the debt
was incurred by taking the number of dollars in Honk Kong
currency set out opposite such month or period in the second
column of paragraph 3 of this Schedule as equivalent to one
thousand military yen.
24 of 1948. 24 of 1950. Short title. Interpretation. [s. 2 cont.] Discharge during occupation period of pre-occupation debts. Schedule. Discharge during occupation period of debts incurred during such period. [s. 4 cont.] Unsatisfied occupation debts to be revalued. Schedule. Liability of banks to customers. Application of payments to and withdrawals form banks during occupation period. Evidence of payments. Banker's book. Interest. [s. 9 cont.] Re-instatement of securities. [s. 10 cont.] Saving of agreements for payment or settlement.

24 of 1948. 24 of 1950. Short title. Interpretation. [s. 2 cont.] Discharge during occupation period of pre-occupation debts. Schedule. Discharge during occupation period of debts incurred during such period. [s. 4 cont.] Unsatisfied occupation debts to be revalued. Schedule. Liability of banks to customers. Application of payments to and withdrawals form banks during occupation period. Evidence of payments. Banker's book. Interest. [s. 9 cont.] Re-instatement of securities. [s. 10 cont.] Saving of agreements for payment or settlement.

https://oelawhk.lib.hku.hk/items/show/2104

COMPANIES (RECONSTRUCTION OF RECORDS) ORDINANCE

CHAPTER 249.

COMPANIES (RECONSTRUCTION OF RECORDS).
To relieve companies (other than China companies) against
their inability or failure since the 8th day of December,
1941, to comply with the Companies Ordinance
(Chapter 32 of the Revised Edition), to provide for
the of necessary returns by such companies,
to provide a means whereby companies can remedy the
loss of registers, records and documents and for other
connected matters.
[5th September, 1947.]

1. This Ordinance may be cited as the Companies
(Reconstruction of Records) Ordinance.

2. This Ordinance shall be construed and take effect as
one with the Companies Ordinance, (which Ordinance is
hereinafter referred to as the principal Ordinance), and any,
amendment thereof for the time being in force.

PART I.

3. (1) This Part shall apply to every company in-
corporated prior to the 25th day of December, 1941, under
the principal Ordinance or under any former enactment
relating to companies repealed by the principal Ordinance
or by the Companies Ordinance, 1911, and which was not
on such date registered with the Registrar of Companies at
Shanghai.

(2) The provisions of sections 12 to 22 (both inclusive),
but save and except section 15, shall also apply to any
company which, having been registered with the registral,
of companies at Shanghai, is registered or registers with
the Registrar of Companies under Proclamation NO. 27-
Emergency Registration of China Companies-or any enact-
ment amending or repealing the same.

4. (1) Every company to which this Part applies shall
within three months from the commencement of this Ordin-
ance or such extended period is the Registrar may, in the
case of any particular company or as regards the furnishing
by any company of any particular or document, allow,
furnish the Registrar with the following particulars and
documents-





(a) name of the company;
(b)whether the company is registered as a public or
private company;
(c) names of persons acting as directors of the company
(d) name of person acting as secretary of the company
(e) a declaration that the company has resumed its
business or other activities as the case may be;
(f) notice of the situation of its present registered office
in the same manner as upon first incorporation as
provided in section 92 of the principal Ordinance
(g) copies of memorandum and articles of association
(h) a statement in writing as to whether or not the com-
pany is in possession of or able to obtain its register
of members or any copy thereof and in the event
of the company not being in possession of or able
to obtain such register or any copy thereof, a further
statement as to whether or not the company intends
to apply for leave to reconstruct its register of
members in accordance with section 12
(i) copies of-
(i) special resolutions;
(ii) extraordinary resolutions;
(iii) resolutions which have been agreed to by all
the members of the company, but which, if not so
agreed to would not have been effective for their
purpose unless, as the case may be, they had been
passed as special resolutions or ws extraordinary
resolutions ;
(iv) resolutions or agreements which have been
agreed to by all the members of some class of share-
holders, but which, if not so agreed to, would not
have been effective for their purpose unless they had
been passed by some particular majority or other-
wise in some particular manner, and all resolutions
or agreements which effectively bind all the members
of any class of shareholders though not agreed to
by all those members;
particulars of all existing charges required to be
registered under section So of the principal Ordin-
ance and which were not so registered on the 8th
day of December, 1941.

(2) Nothing in this section shall impose any liability on
any company to furnish any particulars or documents already





filed with the Registrar since the 15th day of August, 1945,
or which such company shall satisfy the Registrar, by any,
evidence which he shall deern sufficient, cannot reasonably
be expected to furnish prior to the expiration of the said period
of three months or such extended period as the Registrar
may, in any particular case, allow.

(3) Notwithstanding the provisions of the principal
Ordinance and save in so far as the contrary hereinafter
appears, no company which has complied with this section
shall be liable to a fine, and no director, manager or officer
of such a company shall be liable to any fine or imprison-
ment in respect of any omission to file or Supply during the
period from the 8th day of December, 1941, to the coin-
mencement of this Ordinance, any document or particular
required by the principal Ordinance to be filed or supplied.

5. (1) Where any document filed with the Registrar
under any former enactment has been lost, destroyed or
damaged in consequence of the invasion and occupation of
the Colony by the enemy, the Registrar may give notice to
the company to file, within a reasonable time to be specified
in such notice, a duly authenticated copy, of such document,
and the company, if able so to do, shall comply with such
notice. No fee shall be payable on filing any such copy.

(2) If default is made in complying with the provisions
of any such notice by a company able to comply therewith,
the company and every director, manager or officer thereof
shall be liable to a fine of ten dollars for every day during.
which the default continues.

6. It shall be lawful for the Registrar, whether or not
he has given notice tinder section 5 to receive and cause to
be filed a duly authenticated copy of any document, the
original or a copy of which had already, prior to the 25th
day of December, 1941, been filed with him and for the
purposes of compliance with the requirements of the principal
Ordinance such copy so filed shall be deemed for all pur-
poses to be the equivalent of the document so originally
filed.

7. (1) Any memorandum of association filed pursuant
to the provisions of the foregoing sections shall be vertified





by statutory declaration of a director or the secretary of the
company or other perslon who satisfies the Registrar that lie
makes such declaration from his own personal knowledge, as
a true copy of such memorandum as existing at the date of
such verification, and such declaration shall be filed with the
copy so verified.

(2) Any copy of any other document filed pursuant to
the provisions of the foregoing sections shall be certified by
a director or the secretary of the company or other persoll,
having personal knowledge of the facts, as a true copy of
such document as existing at the date of such certification.

8. Where it is shown to the satisfaction of the
Registrar that the common seal of a company has been
lost, damaged or destroyed or is otherwise not available,
the Registrar may authorize the company to use, in place
of its common seal, a stamp with the name of the company
inscribed thereon in legible English characters, for such
period as may be specified in such authorization, and i-n,,.ty,
from time to time, extend such period as lie thinks fit.
Such stamp May, thereupon, be used'for all purposes for
which, and in the same manner as, the common seal of
the company could be used pursuant to the principal
Ordinance and the articles of association of the company.

9. (1) If a company has lost or is unable to secure a
verified copy of its memorandum of association and shall
have satisfied the Registrar by statutory declaration as to
such loss or other circumstances rendering it impossible to
file a verified copy thereof, it shall be competent for the
company to act in manner following-
(a)a new memorandum shall be prepared incorporating
as far as is known or can be recollected or ascertained
the same provisions as were coiltairied in the original
memorandum of association and such memorandum
shall be approved by a special resolution of the
company as being in accordance with the pro-
visions of subsection (4) and as being suitable for
adoption as the memorandum of association of the
company in place of such original -,
(b)a copy of the proposed new memorandum shall be
sent with every notice convening the meeting at





which such special resolution is intended to be pro
posed;
(c)a copy of such proposed new memorandum of asso
ciation shall, as from the date of sending out the
notices convening the meeting at which such special
resolution is intended to be proposed, be available
at the registered office of the company for inspection
by any member or creditor of the company during
usual business hours and a copy thereof shall, riot
later than the day on which such notices are sen
out, be filed with the Registrar together with a
statutory declaration by a director or secretary of the
company that after diligent investigation and in-
quiry, such director or secretary is satisfied that such
new proposed memorandum has been drawn up
strictly in accordance with the provisions of sub-
section (4) ;
(d)the company shall cause an advertisement to be
inserted three tinies in such newspaper or news-
papers as the Registrar shall prescribe (which
three inserdons may be in one or more news-
papers circulating either within or outside the
Colony) stating that the company has lost its
memorandum or as the case may be and that it
is proposed to adopt a new memorandum and
statin(y the place where such proposed new
meiliorandum may be inspected. The advertisement
shall further state that objections to such proposed
new memorandum the nature of which objections to
be stated briefly in writing should be filed with the
Registrar with an address for service within the
Colony of such person objecting within the period
to be fixed by the Registrar) mentioned in such
advertisement;
(e)the manner of advertising and the requirements to
be therein set out mentioned in paragraph (d) shall
be prescribed by the Registrar who shall have the
power to vary or extend the provisions of paragraph
(d) as he shall think fit having regard to the circum-
stances ;
if, within the time limited, no objections are filed
the Registrar shall register such new memnorandum
as the memorandum of association of the company





but with power for him, if lie thinks fit, to refer
the matter, by way of sunirnary application, to a
judge in chambers;
(g) If any objections are filed, the company shall,
unless the Registrar shall direct that all the
objections filed are without substance, apply by
petition to the court to approve the said new pro-
posed memorandum and shall join all persons filin,.,-
objections as parties to such proceedings.
(2) The court upon any such application may give such
directions and may make such order and on such terms and
conditions as it shall, in the circumstances, think fit, and any
memorandum approved by the court, with or without modi-
fications pursuant to this subsection, shall be forthwith
registered by the Registrar.
(3) Any memorandum of association registered by the
Registrar pursuant to the provisions of this section shall have
effect as the nieniorandurn of association of the company, in
place of the memorandum of the company as originally regis-
tered with such amendments thereof as have, from time to
time, been lawfully made, but without prejudice to the rights
of any person or member to proceed by action for damages
in respect of any loss or damage suffered by him by
reason of any variance between the memorandum of the
.company as existing prior to the registration of the new
memorandum and the new memorandum provided such
person or member sliall satisfy the court that lie had no
knowledge of the. proposal to adopt a new memorandum,
and that any proceedings in respect of such loss shall be
commenced within two years of the registration of the new
memorandum of association.
(4) In any case coming within the provisions of this
section regard shall always be had to the form and content
of the. former memorandum of association of the company
in so far as the same are known or can be ascertained.
Accordingly no matter or provisions shall be included in
the pr oposed memorandum which are known not to have
been included in the original memorandum and such pro-
posed new memorandum shall, as far as possible, contain
a full and exact reproduction of all those matters and provi-
sions contained in the original memorandum of association.
(5) In any case in which the Registrar or the court is
satisfied that insufficient data is available as to the matters





contained in the original mernorandum so as to render it
inexpedient, having regard to the circumstances, to allow
the adoption of a new memorandum it shall be competent
for the Registrar or the court to refuse to register or approve
such new memorandum of association.

10. A company, which satisfies the Registrar that by
reason of having fully adopted Table A in the First
Schedule to the principal Ordinance it never had any articles
of association whatsoever, shall be exempt from the obliga-
tion to file a copy of its articles of association.

11. (1) A company shall be exempt from the obligation
imposed upon it by section 4 to supply the Registrar with
a copy of its articles of association if it satisfies the Registrar
by statutory declaration that such articles of association and
all copies thereof have been lost.

(2) Any company exempt by virtue of this subsection
shall, within six months from the commencement of this
Ordinance or such extended period as the Registrar of
Companies may allow, adopt new articles of association ill
place of the articles which have been lost.

(3) Nothing herein contained shall be deemed to
authorize any alteration of articles of association not
authorized by section 13 of the principal Ordinance and
section 117 of the principal Ordinance shall apply to any
special resolution by which any such alteration is effected.

12. (1) If a company is not in possession of or is
unable to obtain its register of members or a copy thereof,
it shall, within three months from the commencement of this
Ordinance or such extended period as the Registrar of
Companies may allow, apply to the Registrar for lcave to
reconstruct its register of members. Any such application
shall be supported by a statutory declaration of a director
or secretary, which statutory declaration shall contain so
far as may be possible particulars of-
(a)the persons who were the registered shareholders
of the company at the date of its last annual return ;
(b)persons who in the opinion of the company have
since become entitled to be registered as share-
holders; and





(c) the evidence upon which the company has relied in
giving such particulars.

(2) Upon any such application the Registrar shall forth-
with direct the company to insert and the company shall
insert in such newspapers (whether circulating in the Colony
or not) as he shall specify an advertisement in three succes-
sive calendar weeks stating-
(a) that application has been made under this section
(b)that the statutory declaration in support and the
exhibits thereto can be inspected, on payment of
such fees as may be prescribed, in the office of the
Registrar of Companies; and
(c)calling upon all persons who claim to be entitled
to be registered as shareholders of the company to
notify the company of their full names and
addresses, their claim and the evidence upon which
it is based within three months from the expiration
of the calendar week in which the first advertise-
ment in a newspaper circulating in the Colony
appears.

(3) At any time after the expiration of the lastly men-
tioned period of three months the Registrar shall, on being
satisfied that the company has complied with any direction
given by him under the foregoing subsection, grant the
company leave to reconstruct its register.
gister.

(4) Where a company has been granted leave under
this section to reconstruct its register such register shall be
reconstructed in such manner as may be prescribed by
regulation and in default of regulation it shall be competent
for the Registrar to give directions as to reconstruction.

(5) Any company to which this section applies and
which has obtained leave to reconstruct its register shall not
be deemed to be in default, in compliance with section 9,5
of the principal Ordinance, so long as it compliance with any
regulations as to reconstruction made under this Ordinance
or with any direction given by the Registrar under subsection
(4) : Provided always that if at any time after the expiration
of six months from the date when leave was granted the
Registrar is of opinion that the reconstructed register is so
defective or is likely to be so inaccurate as to make it





undesirable that the company should carry on business, lie
may, by notice under his hand, revoke the grant of such
leave.

(6) Any sLich revocation shall have the same effect as
an order by the court to wind up the company: Provided
always that upon appeal to a judge in chambers such
revocation may be varied by the grant of leave to the corn-
pany to continue to reconstruct its register of members for
such extended period and upon such terms as to the court
may deem fit.

(7)(a) Any company which has obtained leave to
reconstruct its register may apply to the court by
petition for leave to substitute its reconstructed
register for its original register.
(b) Upon any such application the court may-
(i) settle any dispute as to the ownership of
shares in the company which in the opinion of the
court may conveniently be determined in such pro-
ceedings;
(ii) make an order substituting the reconstructed
register for the original register; and
(iii) if it considers that the register is so defective
or is or is likely to be so inaccurate as to make it
desirable that the company Should cease to carry
on business, inake an order for the winding up of
such company.
(c)Where there are no conflicting claims Outstanding
an order substituting the reconstructed register for
the original register rnay be made by the Registrar.
(d)Any register substituted under sub-paragraph (ii)
of paragraph (1)) or under paragraph (c) or which
is being reconstructed by leave of the court shall be
prima facie evidence of all matters directed or
authorized by the principal Ordinance to be
inserted in the register and any substituted register
shall be Sufficient authority to the company to issue
new share certificates to any person registered
therein as a shareholder at the date of the order of
substitution in respect of the shares of which he is





then shown to be the registered holder and to
cancel 'any previously issued share certificates
relating to such shares.

13. (1) A company shall not be deemed to have been
or to be in default for not having field a general meeting
in any of the years 1941, 1942, 1943, 1944, 1945 and 1946,
if it either has field a general meeting in the year 1946 or
shall hold such meeting in the case of a company having
its register of nienibers before the 31st day of December,
1947, and in the case of a company which has obtained
leave to reconstruct its register before the 30th day of
June, 1948: Provided that, upon satisfactory evidence
being produced to the Registrar of Companies as to the
impossibility or impracticability of holding such meetings
before the 31st day of December, 1947, and the 30th day
of June, 1948, respectively, he may specify such other dates
on or before which such meetings shall be held.

(2) Until the 1st day of July, 1948, if there are no
directors, a general meeting may be validly convened if
convened by the de facto directors of a company for all or
any of the purposes hereinafter specified.

(3) The purposes aforesaid are the election of auditors
to hold office until the next annual general meeting, the
validation, ratification and confirmation of the acts of de, facto
directors and the taking of all steps necessary for the
purpose of rectifying omissions and irregularities arising
during the period of the occupation of the Colony by the
enemy, for complying with the law (including this
Ordinance) for regularizing the position of the company
and for complying with the requirements of the rnemoran-
dum and articles of association.

(4) A general meeting convened by de facto directors
for any of the aforementioned purposes at any time between
the 15th day of August, 1945, and the commencement of
this Ordinance shall have the same validity as if convened
by the lawfully appointed directors of the company.

(5) In this section the expression de facto directors of
a company means the persons who were last valiludly
appointed directors of the company, and the survivors or
fast survivor of them, notwithstanding that by reason of the





occupation of the Colony by the enemy, such persons may
not have complied with any
provision of the law or of the
articles of association of the company relating to the retire-
ment or rotation of directors or may otherwise by reason
of such occupation hlave ceased, in law, to be directors of
the company.

14. (1) Any person who is the registered proprietor
of any shares in any company to which this Part applies
or claims to have become entitled to be registered in the
register of members as the proprietor thereof and who is
not in possession of the share certificate relating thereto may
apply in writing to the secretary of the company for the
issue of a new share certificate under the provisions of this
section.

(2) Such application shall be made in the prescribed
form and shall be accompanied by a statutory declaration
which, in the case of the application being made by a person
other than the registered proprietor, shall verify the claim
and shall in all cases state-
(a)when the share certificate was last in the applicant's
possession and how he lost possession thereof;
(b)whether the applicant has executed my transfer in
respect thereof, whether in blank or otherwise; and
(c)that no other person is entitled to be registered as
the proprietor of the said shares.

(3) If the company has not received notice of any con-
flicting claim, it shall, after compliance with the provisions
of subsections (4) and (5), advertise in the Gazulte in three.
successive months in the prescribed form its intention to
issue a new certificate in respect of all or any of the shares
to which the application relates.

(4) If such application is made by the registered pro-
prietor or the registered, proprietor joins ill the application
the company may insert the first advertisement under the
subsection immediately preceding as soon as the secretary
of the Hong Kong Stock Exchange Limited has certified
to the company in writing at the foot of a copy of the
proposed advertisement that a copy thereof Inas been
exhibited by him in accordance with t he provisions of Sub-
section (6).





(5) If such application is made otherwise than as
aforesaid the company may insert such advertisement only-
if no objection is received from the registered proprietor
within ninety days after a copy of such proposed notifica-
tion has been served upon him by the company by sending
the same by registered post to his last registered address.

(6) The Hong Kong Stock Exchange Limited shall
set aside a conspicuous place in the Stock Exchange
Building for the posting and exhibition of copies of pro-
posed advertisements under subsection (5) and shall, at the
request of the secretary of any company to which this Part
applies, exhibit in, such place any copy of a proposed
advertisement required by subsection (3) supplied to the
said Stock. Exchange by such secretary.

(7) Upon the expiration of three months from the first
insertion in the Gazette of the prescribed advertisement, if'
the company has riot received notice of any claiin, whether
given before or after the commencement of this Ordinance,
conflicting with the application for a new share certificate
it may issue a new share certificate to the applicant not-
withstanding the non-production of the certificate granted
to the person appearing in the register as the registered
proprietor and shall in such event cancel such lastly men-
tioned certificate.

(8) The issue of a new share certificate and the can-
cellation of the previous certificate provided for by the
preceding subsection shall be notified in the Gazette in the
prescribed form and a copy thereof shall be sent by the
company to the said Stock Exchange.

(9) Where a share certificate has been cancelled in
accordance with the provisions of subsection (7) the
following provisions shall apply-
(a) rectification of the register may stiil be made in
favour of a person claiming under such share certi-
ficate as against the person to whom a new share
certificate has been granted but shall not be made
as against a bona fide purchaser for value Without
notice from, the person to whom such new share
certificate has been granted or against any person
claiming under such bona fide purchaser;





(b) in the event of an order for rectification being made
under the preceding paragraph the company, shall
not be or be made liable in any way whatsoever
for having issued and acted on the new certificate ;
(c)in any case in which, but for the provisions of this
section, a person claiming under a share certificate
which has cancelled by the company under
the provisions of this section, would have been
entitled to have his name placed on the register
of members as proprietor of the shares to which.
such certificate relates the company shall not be
or be made liable to such person for such cancella-
tion or for having issued a new certificate or
because the person to whom such cancelled certi-
ficate was issued was registered in the register of
members as the proprietor of the shares in respect
of which such certificate was granted but the person
to whom a new certificate was granted shall in such
event be liable in damages to the person claiming
under the cancelled share certificate. for the value
of the shares as at the time of their transfer to
a bona fide purchaser for value without notice.

(10) All expenses relating to the issue of a new certi-
ficate and the cancellation of a previous certificate under
this section shall be borne by the applicant and it shall
be lawful for the company notwithstanding the mandatory
provisions of this section to refuse comply therewith until
provision for the payincent of such expenses has been made
to its satisfaction.

15. Where any memorandum register or other return
or document (other than a share certificate) of or relating
to any company has been lost or mislaid and another has
been substituted pursuant to the provisions of this Ordin-
ance and such memorandum register or other return or
document is subsequently found, the company shall forth-
with report such finding to the Registrar and cause a copy
thereof verified or certified as required by this Ordinance
to be filed within twenty-eight days for the purposes of
record. In the case of such document being the memoran-
durn or articles of association the company shall within threc
months of such document having been found by special
resolution resolve either to retain the substituted document





or to adopt the document which has been found but save
as aforesaid the finding or filing of such docurnent shall
not affect the validity of any substitution authorized by this
Ordinance.

16. (1) If the directors of a company have laid or
shall
lay before the company in general meeting the
accounts and balance sheets required by section 122 Of the
principal Ordinance at the first general meeting of the
company held since the iSth day of August, 1945, then
so far as concerns any account that should have been laid
before the company in general meeting in the years sub-
sequent to 1940 preceding the holding of such general
meeting, no default shall be deemed to have occurred by
reason of such accounts riot having been laid before the
company at the times prescribed by section 122 of the prin-
cipal Ordinance.

(2) Notwithstanding the provisions of section 122 Of
the principal Ordinance or of the articles of association or
regulations aJecting any company the accounts referred to
in the preceding subsection may, with the approval of the
company in general meeting, which may be given at the
general meeting before which such accounts are laid, be
either one account for the whole period since the last
account prior to the 25th day of December, 1941, or if no
such account has been rendered then since the incorpora-
tion of the company, or may be accounts made up for
periods which together correspond to such aforementioned
period and balance sheets may be made up accordingly.

(3) The approval of the company in general meeting
shall be deemed to have been given if accounts, which could
have been laid before the company in general meeting under
the provisions of this section had it then been in force,
have been passed by the company in general meeting.

(4) Nothing in this section shall be construed so as
to deprive any creditor or shareholder or any other person
of any rights to which he would have been entitled had
this section not been enacted, not being merely a right to
accounts and balance sheets in accordance with section 122
of the principal Ordinance or in accordance with the articles
of association or regulations affecting the company, and if
it be necessary in order to give effect to such rights that





the accounts or balance sheets of the company for the
period affected or for any part thereof be made up in some
other way other than that approved by the company under
this section, then nothing in this section shall authorize a
refusal to make out and furnish such accounts and balance,
sheets.

(5) If it is made to appear to a judge in chambers
that in order that it may be determined whether a creditor
or shareholder or other person has any such right as is
mentioned in subsection (4) it is necessary that accounts
and balance sheets be prepared in the manner directed by
section 122 of the principal Ordinance or in the manner
directed by the articles of association and if in all the cir-
cumstances of the case (including acquiescence on the part
of the applicant, lapse of time and the possibility, of
furnishing the accounts) it appears to him that it is just
and equitable so to do he may, notwithstanding any
approval given by the company in general meeting under
subsection (2), order that accounts and balance sheets be
prepared accordingly.

(6) Any application under subsection (5) shall be made
by summons supported by affidavit and shall be served on
the company and such other parties as the judge may direct.

17. (1) Every company other than a company which
has been granted leave to reconstruct its register shall make
a return in the form of an annual return as on the day
of the first ordinary general meeting of the company held
after the 1st day of September, 1945, and shall forward
the same to the Registrar on or before the 31st day of
December, 1947, or on or before such later date as the
Registrar may in the case of any pardcular company
specify : Provided that, upon satisfactory evidence being
produced to him as to the impossibility or impracticability
of making such return, the Registrar may in place thereof
accept such other return in form of an annual return as
he may approve.

(2) A company which complies with the provisions of
the preceding section or which files a return in accordance
with section 18 shall not be deemed to have been in default
for failing to have filed an annual return in respect of any,
of the calendar years 1942, 1943, 1944, 1945, 1946 or 1947.





18. (1) Where a company has been granted leave to
reconstruct its register it shall file a return in the form
of an annual return in respect of the period from the ist
day of December, 1941, to three months after such recon-
structed register has been substituted for its original register
or to the 30th day of June, 1948, whichever shall be the
later date.

(2) Any such company shall in place of an annual
return in the years 1947 and 1948 file such particulars and
documents as in the opinion of the Registrar it reasonably
can.

19. Any return required by the provisions of this
Ordinance to be filed in the form of an annual return shall
be, in the case of a private company, accompanied by the
certificates required by section 110 of the principal Ordin-
ance.

20. (1) Every liquidator appointed in respect of a
liquidation pending oil the 25th day of December, 1941,
shall, before the. 31st day of August, 1949, file with the
Registrar a statutory declaration giving all relevant parti-
culars in respect of such liquidation as he is able to furnish
and setting out what records and account books (if any)
relating to the company are in his possession or can be
made available to him.


(2) Any liquidator who is in default in comply'
with the provisions of this section shall be liable to a fine
of fifty dollars for every day during which the default
continues.

21. In respect of any, liquidation w hich was pending
on the 25th day of December, 1941, the period from the
25th day of December, 1941, to the expiration of three
months from the commencement of this Ordinance shall not
be reckoned in calculating any period of time for the
purposes of the principal Ordinance and of anything pres-
cribed thereunder. This provision shall not, however, affect
the validity of any act or notice bona fide done or given
in any such liquidation after the 25th day of December,
1941, and before tile commencement of this Ordinance.





22. A liquidator appointed in respect of any liquida-
tion pending on the 25th day of December, 1941, or any
person interested in such liquidation may apply to the court
by summons returnable before a judge in chambers for
directions as to the continuation of such liquidation and upon
such application the court may make such order and give
such directions as it deems fit, including the extension of
any time limited by or prescribed under the principal
Ordinance as extended by section 21 of this Ordinance.
The court may, on any such application order that any
steps taken, returns made, accounts taken, or acts of what-
soever nature done in the liquidation shall be taken, made
or done de novo.

PART II.

23. This Part shall apply to every company which,
prior to the 25th day of December, 1941, had complied
with section 318 of the principal Ordinance.

24. Every company to which this Part applies and
which, after the 25th day of December, 1941, shall have
continued to maintain a place of business within the Colony
or which on or about such date shall have discontinued
such business and subsequently re-established the sarne,
shall, within three months of this Ordinance coming into
force, or within three months of the re-establishment of its
business whichever shall be the later period, comply with
Part XI of the principal Ordinance notwithstanding that
the documents required to be registered by such Part
thereof have already been delivered to the Registrar. This
requirement shall not apply to any company which, since
the ist da of September, 1945, and prior to,tlie coming
into force of this Ordinance, shall have already delivered
to the Registrar the documents and particulars required by
section 318 Of tile principal Ordinance.

25. It shall be the duty of every company to which
this Part applies, within three months from the coming
into force of this Ordinance or such extended period as the
Registrar may, in any particular case, allow to send to the
Registrar particulars of all existing charges required to be
registered under section qi of the principal Ordinance and
which were not so registered on the 8th day of December,
1941.





PART III.

26. Notwithstanding section 7 of the principal Ordin-
ance,
where by the memorandum of association the
registered office of a company is required to be situate in
some particular part of the Colony it shall be lawful,for
the company-
(a)until the 31st day of December, 1948, to have its
registered office in any part of the Colony; and
(b) by special resolution passed at any time before the
31st day of December, 1948, to provide that the
registered office shall be situate anywhere in the
Colony and upon the passing of such special
resolution the inei-norandum sliall be deemed to be
altered accordingly and it shall be unnecessary to
.make any application to the court. [25A

PART IV.

27. Any decision of the Registrar pursuant to the pro-
visions of this Ordinance shall be subject to appeal by way
of summary application to a judge in chambers and any
decision of a judge or of the court other than a decision
by way of appeal from the Registrar shall be subject to
appeal to the Full Court. [26

28. All matters required by this Ordinance and the
principal Ordinance to be dealt with by statutory declara
tion may, if thought desirable, be included in the same
statutory declaration. [27

29 . (i) If a company fails to comply with the pro-
visions of this Ordinance the company and every officer of
the company who is in default shall be liable to a default
fine.

(2) No company or officer thereof shall be liable for
any default fine under this section if it is proved to the
satisfaction of the court or magistrate that the company flas
not carried on business since the ist day of Septen-iber,
194.5, and has no place of business within the Colony. [28

30. Without prejudice to any provision imposing
penalties-





(a)if a company, having made default in complying
with any provision of this Ordinance which
requires it to file with, deliver or send to the Regis-
trar any return, account or other document, or to
give notice to him of any matter, fails to inake
good the default within fourteen days after the
service of a notice on the company requiring it to
do so, the court may, on an application made to
the court by any member or creditor of the coin-
pany or by the Registrar, make an order directing
the company and any officer thereof to make good
the default within such time as may be specified
in the order;
(b) any such order may provide that all costs of and
incidental to the application shall be borne by the
company or by any officer of the company respon
sible for the default. [29

31. Notwithstanding any of the provisions hereinbefore
contained, the Governor may, whenever it may seem to
him expedient to do so, by proclamation declare that any
of the preceding section or sections shall cease to have
effect from a specified date and such cessation shall have
the same effect as if the section Or sectiolls to which it
relates had been repealed. [30

SCHEDULE.

FORM 1. [s. 14 (2).]
COMPANIES (RECONSTRUCTION OF RECORDS)
ORDINANCE.
(Chapter 249 of the Revised Edition).
APPLICATION FOR THE ISSUE OF A NEW SHARE CERTIFICATE.

To the Secretary of the ...Company, Ltd.
This application is made by .................................................
of ............................................................................................
*as the registered proprietor
who claims *as transferee from the registered proprietor of ............
*Ordinary
*Preference Shares in the Company.
*Deferred
* Delete whichever is not applicable.





The distinguishing numbers of the shares are ........................
Separate certificates numbered and
respectively were issued in respect of Nos . to
..................... and Nos . to
DATED this ...day of ..........19

.........
(Signature of Applicant)
If numbers are unknown, state 'unknown'.

FORM 2. [s. 14 (3).]

COMPANIES (RECONSTRUCTION OF RECORDS)
ORDINANCE.
(Chapter 249 of the Revised Edition).

NOTICE OF INTENTION TO ISSUE NEW SHARE CERTIFICATE.
*First
*Second Notice.
*Third
The ....................Company, Ltd.
*Ordinary
*Preference Shares.
*Deferred
NOTICE is hereby given that application has been received
from .............for the issue of ................. a new certificate in respect of ...........................
*new certificates
*Ordinary
*Preference Shares in the above-mentioned Company.
*Deferred
Distinguishing Nos . ......................................
Certificate Nos . and
AND TAKE NOTICE that in default of claims by other
persons to be registered as proprietors of the said shares being
received by the Secretary of the above-mentioned Company within
three months from the first publication of this notice in the
*a new certificate
Gazette the Company may issue *new certificates in respect of
the said shares.
................DATED this ..........day of 19

.....................
Secretary,
The ....Company, Ltd.

*Delete whichever is not applicable.
If numbers are unknown, state 'unknown'.





I hereby certify that a copy of the above advertisement has
been exhibited by me in the Stock Exchange.

...................
Secretary,
Hong Kong Stock Exchange Limited.

FORM 3. [s. 14 (8).]
COMPANIES (RECONSTRUCTION OF RECORDS)
ORDINANCE.
(Chapter 249 of the Revised Edition).

NOTICE OF CANCELLATION OF PREVIOUS SHARE CERTIFICATE AND
ISSUE OF NEW CERTIFICATE.
The............................................................................. Company, Ltd.

*Ordinary
*Preference Shares.
*Deferred

To all whom it may concern:
NOTICE is hereby given that pursuant to the provisions of
section 14 of the above-mentioned Ordinance, the Company has
cancelled the Certificate numbered ...................
Certificates numbered ; and
distinguishing numbers ......issued to
..............................*Ordinary
........................... in respect of *Preference Shares
...........................*Deferred
in the above-mentioned Company.
*Certificate No . ..............................................
*Certificates Nos . .....and having been
*a new Certificate numbered ........................................
cancelled *new Certificates numbered and
distinguishing numbers .....has been issued
............................have
to
A copy of this notice has been sent to the Hong Kong Stock
Exchange Limited.
DATED this ....day of ....19

............
Secretary,
The .......Company, Ltd.

*Delete whichever is not applicable.
tIf numbers are unknown. state 'unknown'.
40 of 1947. 29 of 1948. Short title. Construction. (Cap. 32.) Application of Part I. (58 of 1911.) H.K. (B.M.A.) Gazette Extra-ordinary Vol. 2, No. 13, page 201. Certain particulars to be furnished to the Registrar. (s. 4 cont.) Replacement of Registrar's records. Penalty. Registrar to receive copies of documents filed before 25th December, 1941. Authentication of documents filed. Seal of company lost, etc. Provision where copy of memorandum of association unobtainable. [s. 9 cont.] [s. 9 cont.] [s. 9 cont.] Articles of association. Procedure where articles of association and all copies thereof have been lost. 29 of 1948, s. 2. Register of members. 29 of 1948, s. 2. [s. 12 cont.] General meetings. 29 of 1948, s. 4. [s. 13 cont.] Issue of new share certificate where original is lost. 29 of 1948, s. 5. Schedule, Form 1. Schedule, Form 2. Schedule, Form 3. [s. 14 cont.] Lost documents subsequently found. Profit and loss accounts during occupation period. [s. 15 cont.] Exemption in respect of annual returns during occupation period. 29 of 1948, s. 6. Annual returns where register of members incomplete. Private companies to provide certificate under section 110 of the principal Ordinance. Obligation of liquidators. G.N.A. 110/49. Provisions as to time. Application to court by liquidator for directions. Application of Part II. Foreign companies to register particulars. 29 of 1948, s. 7. Foreign companies to supply particulars of charges. Modification of effect of section 7 of the principal. Ordinance. 29 of 1948, s. 8. Appeals. Provisions in regard to statutory declarations. Liability to default fine for comply with this Ordinance. Enforcement of duty of company to make return. [s. 30 cont.] Power of Governor to repeal any section. 29 of 1948, s. 9. Schedule cont. Schedule cont.

40 of 1947. 29 of 1948. Short title. Construction. (Cap. 32.) Application of Part I. (58 of 1911.) H.K. (B.M.A.) Gazette Extra-ordinary Vol. 2, No. 13, page 201. Certain particulars to be furnished to the Registrar. (s. 4 cont.) Replacement of Registrar's records. Penalty. Registrar to receive copies of documents filed before 25th December, 1941. Authentication of documents filed. Seal of company lost, etc. Provision where copy of memorandum of association unobtainable. [s. 9 cont.] [s. 9 cont.] [s. 9 cont.] Articles of association. Procedure where articles of association and all copies thereof have been lost. 29 of 1948, s. 2. Register of members. 29 of 1948, s. 2. [s. 12 cont.] General meetings. 29 of 1948, s. 4. [s. 13 cont.] Issue of new share certificate where original is lost. 29 of 1948, s. 5. Schedule, Form 1. Schedule, Form 2. Schedule, Form 3. [s. 14 cont.] Lost documents subsequently found. Profit and loss accounts during occupation period. [s. 15 cont.] Exemption in respect of annual returns during occupation period. 29 of 1948, s. 6. Annual returns where register of members incomplete. Private companies to provide certificate under section 110 of the principal Ordinance. Obligation of liquidators. G.N.A. 110/49. Provisions as to time. Application to court by liquidator for directions. Application of Part II. Foreign companies to register particulars. 29 of 1948, s. 7. Foreign companies to supply particulars of charges. Modification of effect of section 7 of the principal. Ordinance. 29 of 1948, s. 8. Appeals. Provisions in regard to statutory declarations. Liability to default fine for comply with this Ordinance. Enforcement of duty of company to make return. [s. 30 cont.] Power of Governor to repeal any section. 29 of 1948, s. 9. Schedule cont. Schedule cont.

https://oelawhk.lib.hku.hk/items/show/2103

COMPANIES (CESSATION OF EMERGENCY STATUS) ORDINANCE

CHAPTER 248.

COMPANIES
(CESSATION OF EMERGENCY STATUS).

To make provision for the cessation of the emergency stattis
attaching to certain companies registered under the Com-
panics Ordinance, (Chapter 32 of the Revised Edition)
or incorporated under any other Ordinance of 1he
Colony.

[20th June, 1947.]

1. This Ordinance may be cited as the Companies
(Cessation of Emergency Status) Ordinance.

2. This Ordinance shall be construed as one with the
Companies Ordinance, (which Ordinance is hereinafter
referred to as the principal Ordinance) and any arnencirnent
thereof for the time being in force.

PART I.

3. This Part of this Ordinance shall apply to any
company registered prior to the 25th day of December, 1941,
under the principal Ordinance or incorporated under any
other Ordinance of the Colony and which prior to such date
had transferred its registered or head office from the Colony
to some other part of the Commonwealth pursuant to the
provisions of the Defence (Companies Temporary Transfer
of Registered or Head Office) Regulations, 1941, and which
has not been registered in some territory within the
Commonwealth in accordance with the laws or regulations
of that territory for the time being in force.

4. It shall be lawful for any company to which this
Part of this Ordinance applies to pass a resolution by its
board of directors authorizing the return of its registered
or head office to the Colony from from such other part of the
Commonwealth in which the registered or head office of the
company has been established.

5. The resolution referred to in section 4 shall be filed
with the Registrnr of Companies who, when satisfied thar





the registered or head office has been re-established in the
Colon), and that the company is maintaining there its
register of members, of charges and of directors or mana-
gers, shall issue a certificate that the company has complied
with the requirements of this Part of this Ordinance and
such certificate shall be conclusive evidence thereof.

6. From and after the issue of the certificate referred
to in section 5-
(a)the provisions of the principal Ordinance, shall
apply to any company registered tinder it in the
same manner as if the company's registered or head
office had riot been established outside the Colony
but without prejudice to the validity of any act or
thing done by the company during such time as its
registered or head office was established elsewhere
pursuant to the modifications of the principal
Ordinance, set out in the Schedule to the Defence
(Companies Temporary Transfer of Regis(ered or
Head Office) Regulations, 1941 ;
(b),the provisions of any other Ordinance relating to
any other company shall apply to such company
but without such modifications (if any) as the
Governor may have directed pursuant to the
provisions of regulation 5 (b) of the Defence
(Companies Temporary Transfer of Registered or
Head Office) Regulations, 1941, but without
prejudice to the validity of any act or thing done
pursuant to such modifications whilst the com-
pany's registered or head office was established
elsewhere.

7. It shall be competent for the Governor at any time
to specify by notification in the Gazetle a date within six
months of which ever y compan ' y corning within this Part of
this Ordinance shall, unless exempted frorri compliance by
the Governor, comply with the provisions of this part of this
Ordinance and any company which is required to comply
with the provisions oF this Part of this Ordinance by virtue
of such notification and. the provisions of this section and
,,~.,h,ch fails so to comply shall cease to exist as a company
at the end of the aforesaid period of six months and sha!',
thereupon be deemed to have been dissolved.





PART II.

8. This Part of this Ordinance shall apply to any
company registered under the principal Ordinance which,
prior to the 25th day of December, 1941, had a registered
office in the Colony or was prior to such date incorporated
under any other Ordinance of the Colony and which in
either case, pursuant to the provisions of the Defence
(Companies) Regulations, 1940, of the United Kingdom or
pursuant to any laws or regulations in force in any other
territory within the Commonwealth, becarne after the 25th
day of December, 1941, registered as a company either in
the United Kingdom or some other territory as aforesaid
under the law or regulations for the time being in force
in such place relating to companies and which has riot been
wound-up or is not ill the process of being wound-up.

9. (1) The Government oil being satisfied-
a)that a resolution of the Board of Directors lias
been passed authorizing the re-registration of an.y
company to which this Part of this Ordinance
applies as a company under the principal
Ordinance or its re-establishment as a company
incorporated under any other Ordinance of the
Colony; and either
(b)that provision has been made or will be made
whereby upon re-registration of the company as a
company tinder tile principal Ordinance or upon
re-establishment as a company incorporated under
any other Ordinance of the Colony that the com-
pany will cease to be registered under the laws ol
regulations relating to companies having effect in
any other part of the Commonwealth; or
(c)that the company has been served with a notice
by the appropriate authority in such other part of
the Commonwealth that such company shall cease
to be so registered at the expiration of such period
as is specified ill such notice,
may by order direct that the company shall be re-registed
as a company under the principal Ordinance or in the case
of a company incorporated under any Ordinance of the
Colony other than the principal Ordinance order that the
company be re-established as a company incorporated under
such Ordinance.






(2) In any case coming under paragraph (b) of sub-
section (1) such order of the Governor shall in the case
of provision already having been made for the company to
cease to be registered elsewhere in the Commonwealth upon
re-registration or re-establishment in Hong Kong, take
effect as from the date upon which such order of the
Governor is made, and in any case in which no such
provision has been made at the date of the order such order
shall take effect as from the making of the requisite
provision elsewhere in the Commonwealth.

(3) In any case coming under paragraph (c) of sub-
section (1), such order shall take effect from the date upon
which the said company ceases to be registered in such
other part of the Commonwealth unless in the meantime
such notice shall have been rescinded or withdrawn and
provision made in manner mentioned in paragraph (b) of
subsection (i) in which case the order of the Governor shall
take effect in nianner provided for in subsection (2).

(4) Except in so far as any order made by the Govemor
pursuant to the provisions of this section specifies to the
contrary, any modification, adaptation or exclusion of any
of the provisions of the memorandum and articles of the
company effected by any order regulation or enactment made
in any place within the Commonwealth other than Flong
Kong in which the company was or has been for the tlille.
being registered (and not being an amendment of the
articles of the company effected by a special resolution of
the company) shall, upon the order of the Governor being
made pursuant to the provisions of subsection (1), be
rescinded and revoked to tfie intent that the memorandum
and articles of the company shall be restored (with the
exception aforesaid) to their former state immediately
prior to the registration of the company in such other part
of the Commonwealth.

(5) Any order of the Governor re-registering or re-
establishing any company pursuant to this section, illay,
if the Governor thinks fit, in relation to the conipany to
which such order refers-
(a)modify, adapt or exclude any of the provisions of
the principal Ordinance btit any Such modification,
adaptation or exclusion shall not have effect for any





longer period than twelve months from the date ol
such order;
(b)modify, adapt or exclude in any manner other
than that provided for by subsection (4) any
provision of the memorandum and articles of the
company as in force immediately prior to the mak-
ing of the order;
(c)modify, adapt or exclude any of the provisions of
any other Ordinance or instrument as then in force
regulating the constitution or functions of the
company : Provided that any modification, adapta-
tion or exclusion of any of the provisions of any
other Ordinance as aforesaid shall not have effect
for any longer period than twelve months from
the date of the making of such order;
(d)contain such other transitional provisions as
appear to the Governor to be necessary or
expedient for enabling the company to re-register
under the principal Ordinance or to re-establish
itself as a company tinder any other Ordinance of
the Colony or generally for the purposes of carrying,
on or re-commencing business;
(e)contain such incidental supplemental and con-
sequential provisions as appear to the Governor to
be necessary or expedient for the purposes of the
order.

10. Except in so far as an order otherwise provides
such company shall from and after the date of such order
be for all purposes a company incorporated under the prin-
cipal Ordinance, or in the case of a company incorporated
under any other Ordinance of the Colony, then under such
Ordinance, but without prejudice to the validity of any act
or thing done prior to the date of such order of the
Governor.

PART III.

11. It shall be competent for the Governor to make
rules for regulating the manner (including the imposition,
collection and payment of fees) in which the provisions of
this Ordinance shall be carried into effect. Without pre-
judice to the generality of the foregoing, the Governor mas.





if he thinks fit make provision by such rules for the alteration
of the currency of the capital of the company where such
currency has been changed pursuant to the laws or regula-
tions in force in any other part of the Commonwealth.

12. It shall be competent for the Governor in any case
in which he thinks expedient, upon such terms as he may
consider fit, by order to exempt any coinpany from com-
pliance with all or any of the provisions or requirements of
this Ordinance or to grant any extensions of time for
compliance herewith or to modify the provisions of this
Ordinance in their application to any company or class of
companies.
29 of 1947. Short title. Construction . (Cap. 32.) Application of part I. G.N. 32/41. Resolution of board of directors to return registered or head office to Hong Kong. Registrar to file resolution and issue certificate. Effect of issue of certificate. Compliance obligatory after notification by the Governor. Application of Part II. S. R. & O. 1940, No. 1213. Re-registration of a Hong Kong Company. [s. 9 cont.] Effect of re-registration. Power to make rules. Power of Governor to grant exemptions.

29 of 1947. Short title. Construction . (Cap. 32.) Application of part I. G.N. 32/41. Resolution of board of directors to return registered or head office to Hong Kong. Registrar to file resolution and issue certificate. Effect of issue of certificate. Compliance obligatory after notification by the Governor. Application of Part II. S. R. & O. 1940, No. 1213. Re-registration of a Hong Kong Company. [s. 9 cont.] Effect of re-registration. Power to make rules. Power of Governor to grant exemptions.

https://oelawhk.lib.hku.hk/items/show/2102

BANK NOTES AND CERTIFICATES OF INDEBTEDNESS ORDINANCE

CHAPTER 247.

BANK NOTES AND
CERTIFICATES OF INDEBTEDNESS.

To remove doubts concerning the legal status of certain bank,
notes issued during the Japanese occupation of the
Colony and to give power to the Financial Secretary to
issue certificates of indebtedness other than in accordance
with section 4 of the Exchange Fund Ordinance,
(Chapter 66 of the Revised Edition).

[16th August, 1946.]

1. This Ordinance inay be cited as the Bank Notes
and Certificates of Indebtedness Ordinance.

2. All notes of a note-issuing bank within the mean-
ing of section 2 of the Exchange Fund Ordinance, put into
circulation between the 25th clay of December, 1941, and
the 16th day of August, 1945, shall, notwithstanding any
irregularity in the manner of the issue, be and be deemed
to have been at all times bank notes lawfully issued within
the meaning of section 3 of the Bank Notes Issue Ordinance,
and subject to the provisions of section 3 hereof, the
provisions of that Ordinance and any amendments thereto
shall apply to the notes aforesaid.

3. Notwithstanding anything contained in sections 4
and 5 of the Exchange Fund Ordinance, the Financial
Secretary is authorized to issue certificates of indebtedness
to The Hongkong and Shanghai Banking Corporation in
respect of the notes of that bank validated under section 2
as follows-
(a)in the sum of one hundred and three million eight
hundred thousand dollars on the passing of this
Ordinance;
(b)as soon as possible after the end of the financial
year commencing on the 1st day of April, 1946,
and of each succeeding financial year thereafter
until the total amount of the certificates of indebted-
ness issued under this paragraph amount lo
the sum of sixteen million dollars, in a sum equal
to the proportion of the net income of the exchange





fund referred to in section 3 of the Exchange
Fund Ordinance, for the preceding year which
corresponds to the proportion which the sum of
sixteen million dollars bears to the sum of one
hundred and nineteen million eight hundred
thousand dollars less the dollar equivalent of the
sum of one million pounds sterling and the
dollar equivalent of the sum to be paid when
ascertained as provided in this section, and in
consideration of the issue Of the said certificate of
indebtedness to require from The Hongkong and
Shanghai Banking Corporation-
(i) the payment of the sum of one million pounds
sterling to the said exchange fund, on the issue of
the certificate of indebtedness for one hundred and
three million eight hundred thousand dollars; and
(ii) when the amount has been ascertained, the
payment by The Hongkong and Shanghai Banking
Corporation to the said fund of a sum equal to the
sterling equivalent at one shilling and three pence
to the Hong Kong dollar of the face value of that
portion of the notes referred to in section 2 which
were used when first issued in discharge of any
legal liability of The Hongkong and Shanghai
Banking Corporation.
13 of 1946. Short title. Validation of doubtful notes. (Cap. 66.) (Cap. 65.) Authority to issue certificates of indebtedness in respect of certain of such notes. (Cap. 66.)

13 of 1946. Short title. Validation of doubtful notes. (Cap. 66.) (Cap. 65.) Authority to issue certificates of indebtedness in respect of certain of such notes. (Cap. 66.)

https://oelawhk.lib.hku.hk/items/show/2101

AIRFIELD (KAI TAK) EXTENSION AND REVERSION ORDINANCE

CHAPTER 246.
AIRFIELD (KAI TAK) EXTENSION AND REVERSION.

To provide that land employed by the occupying power In.
extension of the Kai Tak Airfield shall be deemed to
have reverted to the Crown with effect from the ist
day of September, 1945, and to provide for the pay-
ment of cornpensation in respect of such reversion.

[16th July, 1948.]

1. This Ordinance may be cited as the Airfield (Kai
Tak) Extension and Reversion Ordinance.

2. In this Ordinance-
'airfield extension' means land in use at the date of the
coining into force of this Ordinance as a portion of
the Kai Tak Airfield whether for landing strips,
hangars, shelters, buildinggs, accommodation land or
flight approach areas or otherwise, the said land not
having been so used on the 25th day of December,
1941, but having been added for such use by the
occupying power;
'Board' means the Board of Arbitrators appointed tinder
section 8;
'extension plan' means the plan prepared in accordance
with the provisions of section 3;
'extension schedule' means the schedule prepared in
accordance with the provisions of section 3 and any
amendment to such schedule;
'former owner' rneans the person registered or entitled to
be registered in respect of any land included in the
extension schedule, or if such person is absent from
the Colony, or cannot be found, or is bankrupt or dead,
his agent or representative in the Colony;
'Land Officer' means the Land Officer, Victoria, in respect
of any not designated a Kowloon Inland Lot or a New
Kowloon Inland Lot, and the Assistant Land Officer,
New Territories, in respect of any lot designated a
Survey District 1 Lot or a Survey District 2 Lot;
occupation period- ineans the period between the 25th
day of December, 1941, and the 1st: day of September,
1945 ;





'occupying power' means the power exercising during the
occupation period the functions of government in the
Colony or any part thereof;
'Resumption Officer' means the Valuation and Resump-
tion Officer of the Government.

3. (1) The Resumption Officer shall from such
records as are available and from survey, inspection and
inquiry determine with all possible accuracy, the location
and dimension of the airfield extension.

(2) The Resumption Officer shall with all possible
accuracy delineate the area of the airfield extension on a
plan which will be the extension plan for the purposes of
this Ordinance.

(3) The Resumption Officer shall prepare in relation
to the area delineated in the extension plan the extension
schedule which shall specify as accurately as possible all
lots and parcels of land included in the airfield extension
by reference to lot number, location and area, and shall
specify therein the graded value and amount of compensa-
tion payable in respect of each lot or parcel computed in
accordance with section 5.

(4) The extension plan and the extension schedule
shall be presented for approval to the Governor in Council
and on such approval a copy of each indorsed with a certi-
ficate thereof by the Clerk of Councils shall be lodged at
the Land Office, Victoria, and at the office of the Assistant
Land Officer, New Territories, and be available for inspec-
tion at such offices during the usual office hours on pay,ment
of,a fee of one dollar. A notice of such approval and of the
date of such deposit and availability for inspection shall
be published in the Gazette upon the deposit being made.

4. (1) Subsequent to the coming into force of this
Ordinance the Resumption Officer shall lodge at the Land
Office, Victoria, and at the office of the Assistant Land
Officer, New Territories, memorials of the extension
schedule approved and lodged in accordance with the pro-
visions of section 3 and of any amendment to the extension
schedule which may be made in accordance with the pro-
visions of section 7.





(2) Any land comprised in any such memorial shall
upon the lodgment thereof be deemed to have reverted to
the Crown with effect from the ist day of September, 1945,
and from such date all the rights of the former owner his
assigns or representatives or of any other person in or over
the land or any part thereof shall be deemed absolutely
to have ceased save and except-
(a)any right or claim against the occupying power;
and
(b) any right or claim to compensation in accordance
with the provisions of this Ordinance.

5. The following principles shall govern the assess-
ment of compensation for the purpose of this Ordinance-
(a)compensation shall be paid in respect of land only
and shall be taken to be the amount which the
land if sold in the open market on the ist day of
September, 1945, might have been expected to
realize ;
(b)the method of assessment shall be by assignment
of one or other of the graded values specified in
the First Schedule;
(c)the onus shall primarily be on any claimant to
establish that some other graded value be assigned
than that specified in the extension schedule or to
establish that any other amendment or addition
should be made thereto;
(d)no allowance shall be made on account of the
resumption being compulsory;
(e)no allowance shall be made in respect of any use
of the land which is not in accordance with the
terms of the Crown lease thereof;
(f) no allowance shall be made in respect of any
expectancy or probability of the grant or renewal
or continuance by the Crown or by any person of
any licence, permission, lease or permit what-
soever: Provided that this subsection shall not
apply to any case in which the grant or renewal
or continuance of any licence, permission, lease or
permit could have been enforced as of right if the
land in question had not been resumed. .





6. (1) Claims for payment of compensation shall be.
rendered in the prescribed form to the Land Officer by,
whom copies of such form shall be provided on payment
of a fee of one dollar.

(2) It shall be the duty of the Land Officer on receipt
of claims to satisfy himself that claims received are in
accordance with the particulars in the extension schedule
and his registers. A claimant may be required to produce
such evidence or further particulars as to identity, owner-
ship, or as to the land in question as the Land Officer
may deem to be necessary for him to consider in order to
admit or reject the claim.

(3) The Land Officer shall notify the former owner
of refusal of the clairn or of the amount of compensation
payable by letter to the effect of one of the prescribed forms.

7. In the event of an error or an alleged error in
any of the particulars in the extension schedule or omission
therefrom or any error or omission in the extension plan
any amendment may be effected by the Governor in Council
on the application of any person interested therein or ot]
recommendation rnade by the Resumption Officer. A
decision by the Governor in Council on such an application
shall be final as regards all parties interested but prior to
such decision the Governor in Council may, if lie thinks
fit, refer the application to arbitration in accoi7dance with
section 8 for the purpose of obtaining the recommendation
of the Board therein referred to. Notice of each such
reference to arbitration and of the lot or lots affected shall
be published in the Gazette.

8. (1) A Board of three rnernbers shall be appointed
to determine what recommendation shall be made to the
Governor in Council upon reference to arbitration made to
them tinder the preceding section.

(2) The chairman of the Board shall be a Justice of
the peace nominated by the Governor and the two other
members shall consist of persons nominated by the Governor
of whom one shall be a person other than a member of
the Colonial Civil Service.

(3) The Board shall be appointed within one month
of the first of such references to arbitration and the chair-





man shall cause notice of the composition of the Board
to be published in the Gazette and shall appoint thereby
a time and place for the commencement of its sittings.

(4) The remuneration of any member of the Board
shall be at a rate according to the amount of work and
the tirne occupied, and shall be awarded by the Governor
in Council upon report made by the chairman at the con-
clusion of each month during which sittings of the Board
have been held: Provided that nothing herein shall
authorize the payment of remuneration to any public servant
who may not be permitted by the terms of his appointment
to receive remuneration as a member of the Board.

9. (1) A. Board shall have power to make recom-
mendations to the Governor in Council-
(a)to amend or add to the particulars in the extension
schedule or amend the extension plan;
(b)to award costs either for or against the Crown or
for or against any parties claiming compensation
or any former owner, such costs, if desired by the
Crown or any party, to be taxed by the Registrar
of the Supreme Court.

(2) A Board shall have all such powers as are vested
in the Supreme Court or in a judge on the occasion of
any action or suit in respect of the following matters-
(a)enforcing the attendance of witnesses and examin-
ing them upon oath or otherwise as it may think
fit;
(b) compelling the production of any documents;
(c) punishing persons guilty of contempt;
(d) ordering an inspection of any premises;
(e) entering upon and viewing any premises; and
(f) to adjourn proceedings;
and shall have power to make rules for the conduct of
proceedings before it.

10. (1) Every notice under the hand of the chairman
of a Board may be substituted for and shall be equivalent
to any form of process capable of being issued in any action
or suit for enforcing the attendance of witnesses or coni-
pelling the production of documents.





(2) Any warrant of committal to prison issued for the
purpose of enforcing any such powers as aforesaid shall
be under the hand of the chairman, and may authorize the
imprisonment (which shall be without hard labour) of the
offender for three months.

(3) Every notice, order or warrant of any Board may
be served and executed in the same manner as notices, orders
and warrants of the court may be served and executed in
civil actions.

11. If, in the discharge of the duties devolving upon
any Board, there occurs a difference of opinion between
the members, the decision of any two of them shall have
the same force and effect as if all the members had con-
curred therein.

12. During the pendency of any proceedings before
any Board, if any member of the Board from an), cause
is or becomes unable to act, his place shall be filled by
some other person appointed by the Governor : Provided
that at all times there shall be at least one member of the
Board who is not a member of the Colonial Civil Service.

13. Any land resumed under the provisions of this
Ordinance may be demised and granted by the Governor
on such terms and conditions and at such price, whether
by way of rent, premium or otherwise, and either by public
auction or private contract, as the Governor may determine.

14. (1) Upon the expiration of one calendar month of
receipt of a claim made and admitted in accordance with
section 6, the Land Officer shall appoint a place and manner
for payment of such claim. Payments in accordance with
any amendment' or addition to the extension schedule shall
be made as soon as possible by the Land Officer after such
amendment or addition has been made.

(2) All sums of money awarded as compensation
together with interest thereon as hereinafter mentioned, and
all costs and remuneration awarded against the Crown, shall
be paid out of the general revenue.

(3) Any sum of money payable as compensation shall
bear interest at the rate of eight per cent per anibuin from





the 1st day of September, 1945, to the 3oth day of julle,
1948.

15. No claim for compensation under section 6 nor Time limit
application or recommendation to the Governor in Council
under section 7 shall be entertained unless it has been
presented within two years of the coming into effect of
this Ordinance : Provided always that the Governor in
Council may in any particular case extend the time hereby
limited for presenting such clairn or such application or
recommendation.

FIRST SCHEDULE. [s. 5.]

GRADED VALUE

Grade Value per square foot
I $5.00
II $4.00
III $3.50
Building Lots. IV $3.00
V $2.00
VI $1.50
Agricultural land. VII 15 cents.,

SECOND SCHEDULE. [s. 6.]

FORm 1.

AIRFIELD (KAi TAK) EXTENSION AND REVERSION
ORDINANCE.

FORM OF CLAIM.
Name of Claimant ....................................................................
Address for next six months ......................................................
(Change of address must be notified)
....................................
Lot Numbei . ...........................
Location ...................................................................................
Area .......................................................................................
Title thereto..............................................................................





What evidence as to ownership is held .......................................
Date and nature of acquisition thereof .......................................
Name and address of a witness as to identity ..............................

.....................................
Signature .................................................
Witnessed ................................................
Date ..............................

To Land Officer or
Assistant Land Officer, New Territories.

In Triplicate. Copies may be obtained from the Land Officer or
Assistant Land Officer, New Territories, at One Dollar per set.

FORm 2.
[s. 6 (3).]

NOTIFICATION OF ACCEPTANCE TO FORMER OWNERS.

Sir,

AIRFIELD (KAi TAK) EXTENSION AND REVERSION
ORDINANCE.

I have the honour to inform you that your claim dated
has been examined and it appears that it should be
admitted to the -following extent-

The compensation payable is cDmputed by assignment of a
graded value (grade..) of per square foot on an area of
.....................sq. ft., a total of $ . md interest amounting
to a further $.. ...............
This will be paid on ..at
in the absence of any conflicting claim being made, and subject
to the production of the following documents at the time of
payment-

and the following evidence of identity-

You will understand that the compensation paid is in respect
of the land only, and that you retain any reparations claim in
respect of buildings or growing crops which should be presented
in a similar manner to the other reparations claims arising in the
Colony. Since the land of which you were deprived during the
occupation now forms part of the airfield extension, the above
Ordinance provides that with effect from 1st September, 1945, it
shall legally vest in the Crown. A generous estimate has therefore
been made of its value at that date and interest has been allowed
you at 8% on that sum from the 1st September, 1945, until the 30th
June, 1948.





Section 7 provides that the Governor in Council, with or Second
without a recommendation from a Board of Arbitrators, has power Schedule
to amend the graded value assigned or the area stated, but section
5 provides that the onus is on you to prove the necessity for any
such amendment; moreover, in considering any application the
Governor in Council has power to make amendments which may
increase or decrease the compensation payable.
I am, etc.,

Land Officer/Assistant Land Officer,
New Territories.

FORM 3.
[ s. 6 (3).]
NOTIFICATION OF REFUSAL TO FORMER OWNER.
Sir,
AIRFIELD (KAi TAK) EXTENSION AND REVERSION
ORDINANCE.
I have the honour to refer to your claim dated .........................
.............. which has been examined but is refused on
the following grounds-

Section 7 of the Ordinance provides that the Governor in
Council, with or without a recommendation from a Board of
Arbitrators, has power to consider your objection if you are not
satisfied with this refusal, but you will understand that it will be
your responsibility in that event to prive your claim.
I am, etc.,

Land Officer/Assistant Land Officer,
New Territories.
33 of 1948. Short title. Interpretation. [s. 2 cont.] Survey. Extension plan. Extension schedule. Reversion to Crown. Compensation. First Schedule. Procedure. Second Schedule. Form 1. Second Schedule. Form 2 and 3. Amendment of schedule or reference to arbitration. Constitution and remuneration of Board. Powers of Board. Execution of process of Board. [s. 10 cont.] Decision by Board by majority to be final. Filling of vacancy on Board. Power to demise or grant land resumed. Compensation, payment and interest. Time limit. Second Schedule cont. Second Schedule cont.

33 of 1948. Short title. Interpretation. [s. 2 cont.] Survey. Extension plan. Extension schedule. Reversion to Crown. Compensation. First Schedule. Procedure. Second Schedule. Form 1. Second Schedule. Form 2 and 3. Amendment of schedule or reference to arbitration. Constitution and remuneration of Board. Powers of Board. Execution of process of Board. [s. 10 cont.] Decision by Board by majority to be final. Filling of vacancy on Board. Power to demise or grant land resumed. Compensation, payment and interest. Time limit. Second Schedule cont. Second Schedule cont.

https://oelawhk.lib.hku.hk/items/show/2100

MILITARY INSTALLATIONS CLOSED AREAS (AMENDMENT AND CONSOLIDATION) ORDER

(h)All that area included within a line drawn at a distance of
three hundred yards outside the top water perimeter of the
reservoir known as the Pokfulam Reservoir, map reference
square 52.96 map Hind 1009 third edition, but exclusive of
the part of the main road from Victoria to Aberdeen. via
Pokfulam within that area.

(i)All that area included within a line drawn at a distance of
three hundred yards. outside the top water perimeter of the
reservoir known as the Braemar Reservoir, map reference
square 59.99 map Hind 1009 third edition.

(j)All that area included within a line drawn at a distance of
three hundred yards outside the top water perimeter of the
reservoir known as the Jubilee Reservoir, map reference
square 53.10 map Hind 1009 third edition.

(k)All that area included within a line drawn at a distance of
three hundred yards outside the top water perimeter of the
reservoir known as the Kowloon Reservoir, map ieference
square 54.07 map Hind 1009 third edition, but exclusive of
the part of the main road from Kowloon to Shatin within
that area.

(l)All that area included within a line drawn at a distance of
three hundred yards outside the top water perimeter of the
reservoir known as the Kowloon Bywash Reservoir, map
reference square 53.06 map Hind 1009 third edition, but
excluding the part of the main road from Kowloon to ShaLin
within that area.

(m) All that area included within a line drawn at a distance of
three hundred yards outside the top water perimeter of the
reservoir known as the *Shek Li Pui Re servoir, map reference
square 53.07 map Hind 1009 third edition.

(n)All that area included within a line drawn at a distance of
three hundred yards, outside the top water perimeter of the
reservoir known as the Reception Reservoir, map reference
square 53.09 map Hind 1009 third edition.

MILITARY INSTALLATIONS CLOSED AREAS
(AMENDMENT AND CONSOLIDATION) ORDER.

(Cap. 245, section io).
(Ordinance No. 59 of 1948).

[17th November, 1950.]

1. This order may be cited as the Military Installations
Closed Areas (Amendment and Consolidation) Order.

2. The areas and buildings specified in the Schedule
hereto are hereby declared to be closed areas.







CAP. 245] Public Order





Public Order [CAP. 245







CAP. 245] Public Order




Public Order [CAP. 245




CAP. 245] Public Order





Public Order [CAP. 245





CAP. 245] Public Order G.N.A. 201/49. G.N.A. 202/49. G.N.A. 203/49. G.N.A. 204/49. G.N.A. 205/49. G.N.A. 206/49. G.N.A. 207/49. G.N.A. 251/50.

G.N.A. 201/49. G.N.A. 202/49. G.N.A. 203/49. G.N.A. 204/49. G.N.A. 205/49. G.N.A. 206/49. G.N.A. 207/49. G.N.A. 251/50.

https://oelawhk.lib.hku.hk/items/show/2099

CLOSED AREAS (CONSOLIDATION) ORDER

CLOSED AREAS (CONSOLIDATION) ORDER.

(Cap. 245, section io).
(Ordinance No. 59 Of 1948).

[24th September, 1949.]

1. This order may be cited as the Clo sed Areas (Con-
solidation) Order.

2. The areas specified in the Schedule hereto are
hereby declared to be closed areas.

SCHEDULE.

(a)All that area included within a line drawn at a distance
of three hundred yards outside the top water perimeter of
the reservoir known as the Tytarn Tuk Reservoir, map
reference square 61.94 map Hind 1009 third edition, but
exclusive of the part of the main road from Shau Ki Wan
to Stanley within that area.

(b)All that area included within a line drawn at a distance of
three hundred yards outside the top water perimeter of the
reservoir known as the Tytam Reservoir, map reference
square 60.95 map Hind 1009 third edition.

(c)All that area included within a line drawn at a distance of
three hundred yards outside the top water perimeter of the
reservoir known as Tytam Bywash Reservoir, map reference
square 60.95 map Hind 1009 third edition.

(d)All that area included within a line drawn at a distance of
three hundred yards outside the top water perimeter of the
reservoir known as the Tytam Intermediate Reservoir, map
reference square 60.94 map Hind 1009 third edition.

(e)All that area included within a line drawn at a distance of
three hundred yards outside the top water perimeter of the
reservoir known as the Wong Nei Chong Reservoir, map
reference square 59.95 map Hind 1009 third edition, but
exclusive of the part of the main road from Victoria to
Repulse Bay via Wong Nei Chong Gap within that area.

(f)All that area included within a line drawn at a distance of
three hundred yards outside the top water perimeter of the
reservoir known as the Aberdeen Upper Reservoir, map
reference square 55.95 map Hind 1009 third edition.

(g)All that area included within a line drawn at a distance of
three hundred yards outside the top water perimeter of the
reservoir known as the Aberdeen Lower Reservoir, map
reference square 55.95 map Hind 1009 third edition.





(h)All that area included within a line drawn at a distance of
three hundred yards outside the top water perimeter of the
reservoir known as the Pokfulam Reservoir, map reference
square 52.96 map Hind 1009 third edition, but exclusive of
the part of the main road from Victoria to Aberdeen. via
Pokfulam within that area.

(i)All that area included within a line drawn at a distance of
three hundred yards. outside the top water perimeter of the
reservoir known as the Braemar Reservoir, map reference
square 59.99 map Hind 1009 third edition.

(j)All that area included within a line drawn at a distance of
three hundred yards outside the top water perimeter of the
reservoir known as the Jubilee Reservoir, map reference
square 53.10 map Hind 1009 third edition.

(k)All that area included within a line drawn at a distance of
three hundred yards outside the top water perimeter of the
reservoir known as the Kowloon Reservoir, map ieference
square 54.07 map Hind 1009 third edition, but exclusive of
the part of the main road from Kowloon to Shatin within
that area.

(l)All that area included within a line drawn at a distance of
three hundred yards outside the top water perimeter of the
reservoir known as the Kowloon Bywash Reservoir, map
reference square 53.06 map Hind 1009 third edition, but
excluding the part of the main road from Kowloon to ShaLin
within that area.

(m) All that area included within a line drawn at a distance of
three hundred yards outside the top water perimeter of the
reservoir known as the *Shek Li Pui Re servoir, map reference
square 53.07 map Hind 1009 third edition.

(n)All that area included within a line drawn at a distance of
three hundred yards, outside the top water perimeter of the
reservoir known as the Reception Reservoir, map reference
square 53.09 map Hind 1009 third edition.

MILITARY INSTALLATIONS CLOSED AREAS
(AMENDMENT AND CONSOLIDATION) ORDER.

(Cap. 245, section io).
(Ordinance No. 59 of 1948).

[17th November, 1950.]

1. This order may be cited as the Military Installations
Closed Areas (Amendment and Consolidation) Order.

2. The areas and buildings specified in the Schedule
hereto are hereby declared to be closed areas.
G.N.A. 194 to A. 207/49. G.N.A. 194/49. G.N.A. 195/49. G.N.A. 196/49. G.N.A. 197/49. G.N.A. 198/49. G.N.A. 199/49. G.N.A. 200/49. G.N.A. 201/49. G.N.A. 202/49. G.N.A. 203/49. G.N.A. 204/49. G.N.A. 205/49. G.N.A. 206/49. G.N.A. 207/49. G.N.A. 251/50.

G.N.A. 194 to A. 207/49. G.N.A. 194/49. G.N.A. 195/49. G.N.A. 196/49. G.N.A. 197/49. G.N.A. 198/49. G.N.A. 199/49. G.N.A. 200/49. G.N.A. 201/49. G.N.A. 202/49. G.N.A. 203/49. G.N.A. 204/49. G.N.A. 205/49. G.N.A. 206/49. G.N.A. 207/49. G.N.A. 251/50.

https://oelawhk.lib.hku.hk/items/show/2098

PUBLIC ORDER (MOVEMENT OF CRAFT) ORDER

Bay thence Northwards along the high-water mark on the
shore of Deep Bay to the said point of commencement at the
mouth of the Shum Chun River.
[1st September, 1947.]
(b)That part of the Clearwater Bay PeniAsula which lies South
and East of a line (indicated by a post and wire fence)
running across the peninsula from shore to shore and cross-
ing the Clearwater Bay Road at point 673037 on map
Hind 1009, third edition.
[12th November, 1947.]
(c)All that area included within a line drawn at a (distance of
fifty yards from each side of the Shing Mun Road from
point 505092 to point 527107 on map Hind 1009, third
edition.

PUBLIC ORDER (MOVEMENT OF CRAFT) ORDER.

(Cap. 245, section 12).
(Ordinance No. 59 Of 1948).

[1st June, 1949.]

1. This order may be cited as the Public Order
(Movement of Craft) Order.

2. During the continuance in force of this order the
movement of craft within the areas specified in the Schedule
is prohibited within the hours of io p.m. and 6 a.m. unless
the permission in writing of the Commissioner of Police or
other officer duly authorized has been given for such move-
ment.

SCHEDULE.

Area 'A'

All that area of the waters of the Colony known as Deep Bay
(Hau Hoi Wan) being North-East of a line drawn from Black Point
on the South-West coast of the New Territories to South-West Point
on the Nam Tau Peninsula.

Area 'B'
All that area of the waters of the Colony known as Mirs Bay
(Ma Sze Wan) being North of a line drawn from Mirs Point (Chun
Pei Ngaam) to Bate Head (Tan Tsui) and being East of a line
drawn from Bluff Head (Wong Chuk Kok Tsui) to Gruff Head
(Heung Lo Pai).
G.N.A. 177/49. G.N.A. 244/49. G.N.A. 112/49. Citation. Prohibition of movement of craft during specified hours.

G.N.A. 177/49. G.N.A. 244/49. G.N.A. 112/49. Citation. Prohibition of movement of craft during specified hours.

https://oelawhk.lib.hku.hk/items/show/2097

PUBLIC ORDER CURFEW (CONSOLIDATION) ORDER

PUBLIC ORDER.

Subsidiary legislation under this Chapter, with subse-
quent amendments (if any) incorporated, is set out as
follows-
Page
Public Order Curfew (Consolidation) Order 176
Public Order (Movement of Craft) Order ... 177
Closed Areas (Consolidation) Order 178
Military Installations Closed Areas (Amendment
and Consolidation) Order ............ .... ... 179

PUBLIC ORDER CURFEW (CONSOLIDATION) ORDER.

(Cap. 245, section 9).
(Ordinance No. 59 of 1949).

[1st June, 1949.]

1. This order may be cited as the Public Order Curfew
(Consolidation) Order.

2. Between the hours of io p.m. and 6 a.m. all persons
within the areas specified in the Schedule, with the exception
of those who possess a valid permit allowing them to be out
of doors, shall reinain within doors. A valid permit shall
be a permit issued in writing by the Commissioner of Police
or by a person duly authorized by him to issue such permits.

SCHEDULE.

(a)All that area situate in the New Territories having boundary
with commencing point on the West at the mouth of the
Shum Chun River and thence extending Eastwards along
the Sino-British Frontier to Sha Tau Kok at the Eastern
extremity of the said Frontier thence extending South-
Westwards along the Southern edge of the Sha Tau Kok-
Fanling cross-roads motor road to Fanling cross-roads
thence Westwards along the Northern edge of the main
Fanling road from Fanling cross-roads to Mai Po Village
thence along the main road extending due South to the road
bridge crossing the creek at Au Tau thence along the North-
Eastern bank of the said creek to its junction with Deep






Bay thence Northwards along the high-water mark on the
shore of Deep Bay to the said point of commencement at the
mouth of the Shum Chun River.
[1st September, 1947.]
(b)That part of the Clearwater Bay PeniAsula which lies South
and East of a line (indicated by a post and wire fence)
running across the peninsula from shore to shore and cross-
ing the Clearwater Bay Road at point 673037 on map
Hind 1009, third edition.
[12th November, 1947.]
(c)All that area included within a line drawn at a (distance of
fifty yards from each side of the Shing Mun Road from
point 505092 to point 527107 on map Hind 1009, third
edition.

PUBLIC ORDER (MOVEMENT OF CRAFT) ORDER.

(Cap. 245, section 12).
(Ordinance No. 59 Of 1948).

[1st June, 1949.]

1. This order may be cited as the Public Order
(Movement of Craft) Order.

2. During the continuance in force of this order the
movement of craft within the areas specified in the Schedule
is prohibited within the hours of io p.m. and 6 a.m. unless
the permission in writing of the Commissioner of Police or
other officer duly authorized has been given for such move-
ment.

SCHEDULE.

Area 'A'

All that area of the waters of the Colony known as Deep Bay
(Hau Hoi Wan) being North-East of a line drawn from Black Point
on the South-West coast of the New Territories to South-West Point
on the Nam Tau Peninsula.

Area 'B'
All that area of the waters of the Colony known as Mirs Bay
(Ma Sze Wan) being North of a line drawn from Mirs Point (Chun
Pei Ngaam) to Bate Head (Tan Tsui) and being East of a line
drawn from Bluff Head (Wong Chuk Kok Tsui) to Gruff Head
(Heung Lo Pai).
G.N.A. 111/49. G.N.A. 177/49. G.N.A. 244/49. G.N.A. 177/49. G.N.A. 244/49. G.N.A. 112/49. Citation. Prohibition of movement of craft during specified hours.

G.N.A. 111/49. G.N.A. 177/49. G.N.A. 244/49. G.N.A. 177/49. G.N.A. 244/49. G.N.A. 112/49. Citation. Prohibition of movement of craft during specified hours.

https://oelawhk.lib.hku.hk/items/show/2096

PUBLIC ORDER ORDINANCE

CHAPTER 245.

PUBLIC ORDER.

To facilitate the maintenance of public order and safety.

[29th October, 1948.]

PART I

1. This Ordinance may be cited as the Public Order
Ordinance.

2. In this Ordinance-
'meeting' rneans a meeting held for the purpose of matters
of public interest or for the expression of views on such
matters ;
'private premises' means premises to which the public have
access (whether on payment or otherwise) only by per-
mission of the owner, occupier or lessee of the premises;
'public meeting' includes any meeting in a public place
and any meeting which the public or any section thereof
are permitted to attend, whether on payment or other-
wise;
'public place' means any highway, public park or garden,
any sea beach, and any public bridge, road, lane,
footway, square, court, alley or passage, whether a
thoroughfare or not; and includes any open space to
which, for the time being, the public have or are per-
mitted to have access? whether on payment or otherwise.

3. Any person who in any public place or at any public
meeting wears uniform signifying his association with any
political organization or with the promotion of any political
object shall be guilty of an offence: Provided that if the
Commissioner of Police is satisfied that the wearing of any
such uniform as aforesaid on any ceremonial anniversary
or other special occasion will not be likely to involve risk of
public disorder, he may permit the wearing of such uniform
on that occasion either absolutely or subject to such condi-
tions as he may specify.

4. (1) If the members or adherents of any association
of persons, whether registered or incorporated or not, are-





(a)organized or trained or equipped for the purpose of
enabling them to be employed in usurping the
functions of the police or the armed forces of the
Crown;
(b)organized and trained or organized and equipped
for the purpose of enabling them to be employed for
the use or display of physical force in promoting
any political object, or in such manner as to arouse
reasonable apprehension that they are organized and
either trained or equipped for that purpose;
then any person who takes part in the control or management
of the association or in organizing or training as aforesaid
any members or adherents thereof shall be guilty of an
offence.
(2) In any criminal proceeding under this section proof
of things done or of words spoken, written or published by
any person taking part in the control or management of an
association or in organizing, training or equipping members
or adherents of an association shall be admissible as evidence
of the purposes for which, or the manner in which, members
or adherents of the association (Whether those persons or
others) were organized, er trained, or equipped.
(3) If a magistrate is satisfied by an information on oath
that there is reasonable ground for suspecting that an offence
under this section has been committed, and that evidence of
the commission thereof is to be found at any premises or
place specified in the information, he may, upon an applica-
tion made by an officer not below the rank of sub-inspector,
grant a search warrant authorizing such officer as aforesaid
named in the warrant and any other police officers to enter
the premises or place at any time within fourteen days
of the warrant, if necessary by force, and to search the
premises or place and every person found therein, and to
seize anything found.on the premises or place or on any such
person which the officer has reasonable ground for suspecting
to be evidence of the commission of such an offence as afore-
said Provided that a woman shall be searched by a woman.

(i) Any person who at a lawful public meeting acts
in a disorderly manner for the purpose of preventing the
transaction of the business for which the meeting was called
together or incites others so to act shall be guilty of an
offence.





(2) If any police officer reasonably suspects any person
of committing an offence under this section, he may, if
requested so to do by the chairman of the meeting, require
that person to declare to him immediately his name and
address and if that person refuses or fails so to declare
his name and address or gives a false name and address
he shall be guilty of an offence and if the police officer
suspects him of giving a false name and address, the police
officer may arrest him without a warrant.

6. (1) Whenever any person accused of-
(a)rioting, assault or other breach of the peace or
abetting, the same;
(b)assembling armed men or taking other unlawful
measures with the intention of committing any such
offence as is specified in paragraph (a) ;
(c)committing criminal intimidation by threatening in-
jury to person or. property,
is convicted of such offence, and the court or magistrate
before which such person is convicted is of opinion that it is
necessary to require such person to execute a bond for keep-
ing the peace, such court or magistrate may, at the time of
passing sentence or in lieu of any sentence, order him to
execute a bond for a sum proportionate to his means with or
without sureties for keeping the peace during such period, in
each instance, as it thinks fit to fix, not exceeding two years.

(2) If the conviction is set aside on appeal or otherwise,
the bond so executed shall be null and void.

7. Whenever it appears to a magistrate receiving in-
formation that-
(a)any person is taking precautions to conceal his
presence in the Colony and there is reason to believe
such person is taking such precautions with a view
to committing an offence; or
(b)there is within the Colony a person who cannot give
a satisfactory account of himself; or
(c)there is within the Colony any person who within
or without the Colony either orally or in writing
disseminates or attempts to disseminate or in any
way abets the dissemination of any seditious mattet,
that is to say, any matter the publication of which





is punishable under section 4 Of the Sedition
Ordinance; or
(d)any person has committed, or is about to commit
or attempt to commit, any act calculated to interfere
with the administration of the law or with the main-
tenance of law and order;
such magistrate may, in manner hereinafter provided, require
such person to show cause why he should not be ordered to
execute a bond with sureties for his good behaviour for a
period not exceeding two years.

8. (1) When a person is required to show cause under
sections 6 and 7, the magistrate shall make <in order in
writing setting forth-
(a) the substance of the information received;
(b) the amount of the bond to be executed;
(c) the term for which it is in force;
(d)the number, character and class of sureties, if any,
required.
If the person is in court, the order shall be read over to him
and, if necessary, the substance explained. If he is not in
court, the magistrate shall bring him before it by summons
or by warrant as he deerns appropriate in the circumstances
of the case. Every summons or warrant issued shall be
accompanied by a copy of the order and such copy shall
be delivered by the officer executing the process.
(2) When a person appears or is brought before a court
in pursuance of an order as aforesaid, the magistrate shall
inquire into the truth of the information as far as is practic-
able in the manner prescribed in summary cases, except that
no eh arge need be framed.
(3) If it is proved that it is necessary to keeping the
peace or maintaining good behaviour, as ihe case may be,
that the person named in the order should execute a bond
with or without sureties, the magistrate shall make an order
accordingly.
(4) If it is proved that it is not necessary to execute a
bond, the person named in the order shall be discharged from
the inquiry.
(5) The bond executed by a person to keep the peace or
be of good behaviour, as the case may be, shall be deemed
to be broken by the commission of an offence punishable with
imprisonment wherever it is committed.





(6) A magistrate may in his discretion refuse to accept
any particular person or persons offered as surety for good
behaviour.
(7) If any person ordered to give security does not give
such security on or before the date of the commencement of
such security, he shall be committed to prison until the ex-
piration of such terms as the magistrate may direct or until
lie shall furnish such security to the magistrate who made
the order: Provided that the period of imprisonment for
failure to give security shall not exceed the period for
which security is ordered to be given.
(8) Any person so imprisoned may be released by an
order made by a magistrate if such magistrate considers
he may be released without hazard to the community or any
person.
(9) Any surety for peaceable conduct or good behaviour
may apply to a magistrate to cancel any bond executed under
this section. In such a case, the magistrate shall call for
fresh security for the unexpired term and if not forthcoming
shall order imprisonment accordingly.

PART II

9. (I) The Governor may be order require any person
within any area specified in the order to remain within doors
between such hours as may be specified in the order, and in
such a case, if any person is or remains out of doors within
that area between such hours without a permit in writing
issued by the Commissioner of Police or by some person duly
authorized by the Commissioner of Police to issue such per-
mits, he shall be guilty of an offence.
(2) Any police officer or member of His Majesty's forces
on duty may take such steps and use such force (including
the use of firearms) as may be necessary for securing com-
pliance with any order made under this section.

10. (I) The Governor may by order declare any area
or place to be a closed area and any person who, during any
period during which any such order is in force in relation to
any area or place, enters or leaves that area or place without
a permit in writing issued by the Commissioner of Police or
by some person duly authorized by the Commissioner of
Police to issue such permits shall be guilty of an offence.





(2) Any police officer or member of His Majesty's forces
on duty may take such steps and use such force (including
the use of firearms) as may appear to such person to be
necessary for securing compliance with any order made under
this section.

11. (I) The Governor may by order require that all
classes or certain classes of persons shall evacuate any place
or area with or without their goods and chattels and within
a limit of time and for a period specified in the order, and in
such a case any person so ordered to evacuate who is found
within the area after the time limit and within the period of
prohibition shall be guilty of an offence.

(2) Any police officer or member of His Majesty's forces
on duty may take such steps and use such force (including
the use of firearms) as may necessary to secure compliance
with any order made under this section.

12. (4) The Governor may by order prohibit the move-
ment or anchorage of any craft or the use of any waters in
the Colony by all or any class of vessel during such hours
and for such a period as may be specified in the order and if
any person shall contravene the order without the permission
in writing of the Commissioner of Police or an officer duly
authorized by him he shall be guilty of an offence.

(2) Any police officer or any member of His Majesty's
forces may take such steps (including the use of firearms)
as may be necessary to secure compliance with this order.

PART III

13. Any person who is guilty of an offence against this
Ordinance, or who fails to observe any condition imposed by
the Commissioner of Police under section 3, shall on sum-
mary conviction by a magistrate be liable to a fine of five
thousand dollars or to imprisonment for two years.
59 of 1948. Short title. Interpretation. 1 Edw. 8 & 1 Geo. 6, c. 6, s. 9. Prohibition of uniforms in connexion with politicial objects. [cf. 1 Edw. 8 & 1 geo. 6, c. 6, s. 1.] Prohibition of quasi-military organizations. [s. 4 cont.] [cf. 1 Edw. 8 & 1 Geo. 6, c. 6, s. 2.] Disorder at public meeting. 8 Edw. 7, c. 66, s. 1. [cf. 1 Edw. 8 & 1 Geo. 6, c. 6, s. 6.] Security for keeping the peace on conviction. Criminal Procedure Code, Straits Settlements, s. 73. Security for good behaviour from suspected persons, etc., and from persons disseminating seditious matter or acting or about to act to the prejudice of law and order. [cf. Criminal Procedure Code, Straits Settlements, s. 76.] [s. 7 cont.] (Cap. 217.) Order to be made. Criminal Procedure Code, Straits Settlements, s. 78-s. 92. Curfew. Closed area. [s. 10 cont.] Power to Governor to order evacuation of any area or place. Power of Governor to prohibit the movement of craft. Penalty.