CHATER MANSONIC SCHOLARSHIP FUND ORDINANCE, 1929

No. 25 of 1929.

An Ordinance to provide for the incorporation of the Trustees
of the Chater Masonic Scholarship Fund.

[1st November, 1929.]

This Ordinance may be cited as the Chater Masonic
Scholarship Fund Ordinance, 1929.

2.-(1) The Trustees of the Chater Masonic Scholarship
Fund and their successors in office as hereinafter defined shall be
a body corporate (hereinafter called ' the corporation ') and
shall have the name of ' The Trustees of the Chater Masonic
Scholarship Fund ' and in that name shall have perpetual
succession and shall and may site and be sued in all courts in
the Colony and shall and may have and use a common seal.

The by-laws rornierly contained in the Schedule to this Ordinance have
been transferred to the cormponding volume of the Regulations of
Hong Kong.
As amended by Law Rev. Ord., 1939, Supp. Sched.





(2) Trustees shall be appointed in accordance with the
by-laws of the corporation hereinaher referred to, and shall for
the time being be deemed to be successors in office of the first
trustees and be members of the corporation upon notice of their
appointment, and of the retirement of the retiring trustees (if
any) whom they have been appointed to replace, being filed with
the Registrar of Companies.

(3) Any such notice shall be signed by two of the continuing
or retiring trustees and shall be sealed with the common seal of
the corporation.

3.-(1) Subject to the provisions of sub-section (2), the
corporation shall have power to acquire, accept leases of,
purchase, take, hold and enjoy any lands, buildings, messuages
or tenements of what nature or kind soever and wheresoever
situated, and also to invest moneys upon the purchase of or
upon mortgage of any lands. buildings, messuages or tenements,
or upon bankers' fixed deposits or upon the mortgages, deben-
tures, stocks, funds, shares or securities of any government,
municipality, corporation, company or person and also to
purchase, acquire and possess any goods and chattels of what
nature and kind soever.

(2) NotwIthstanding the provisions of sub-section (1), the
corporation shall not acquire any immovable property in the
Colony unless it has previously obtained the special consent of
the Governor in Council in each case.

(3) The corporation shall further have power by deed under
its seal to grant, sell, convey, assign, surrender, exchange,
partition, yield up, mortgage, demise, reassign, transfer or
otherwise dispose of any lands, buildings, messuages, tenements,
mortgages, debentures, stocks, funds, shares or securities, or
any goods and chattels, which are for the time being vested in
or belonging to the. corporation, upon such terms as to the
corporation may seem fit.

4.-(1) The corporation may from time to time with the
approval of the Governor in Council frame, and from time to
time with the, approval of the Governor in Council alter, by-laws

As, amended by Law Rev. Ord., 1939, Supp. Sched.

for its internal management and control, and all such by-laws
when approved as aforesaid and agreed upon by the corporation
shall be binding on every member thereof.

(2) Amendments to the by-laws shall be made by the
trustees in general meeting, and at least fourteen clear days'
written notice of the resolution to effect such amendment shall
be given to each of the trustees present in the Colony at the
time.

(3) A copy of the by-laws certified as correct by two of the
trustees and sealed with the common seal of the corporation shall
be deposited and filed with the Registrar of Companies, and
whenever such by-laws are altered a copy thereof as altered
certified as aforesaid shall also be forthwith deposited and filed
with the said Registrar.

5. All deeds and other instruments requiring the corporate
seal of the corporation shall be sealed in the presence of two of
the trustees and shall be signed by two of the trustees.

6. Nothing in this Ordinance shall affect or be deemed to
affect the rights of His Majesty the King, His Heirs or
Successors, or the rights of any body politic or corporate or of
any other person except such as are mentioned in this Ordinance
and those claiming by, from or under them,
[Originally No. 25 of 1929. Law Rev. Ord., 1939.] short title. Incorporation. Powers of corporation. By-laws: amendment of by-laws; deposit thereof. Execution of documents. Saving of rights of the Crown and of certain other rights.

[Originally No. 25 of 1929. Law Rev. Ord., 1939.] short title. Incorporation. Powers of corporation. By-laws: amendment of by-laws; deposit thereof. Execution of documents. Saving of rights of the Crown and of certain other rights.

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BRITISH MERCANTILE MARINE UNIFORM ORDINANCE, 1929

No. 16 of 1929, repealed by Law Revision
Ordinance, 1939, Supp. Sched.

No. 17 of 1929, incorporated in No. 1 of 1883.

No. 18 61 1929, Repealed by No. 37 of 1932.

No. 19 of 1929.

An Ordinance to make Provisions with respect to the British
Mercantile Marine Uniform.
[1st November, 1929.]

1. This Ordinance may be cited as the British Mercantile
Marine Uniform Ordinance, 1929.

2. In this Ordinance, ' British mercantile marine uniform
means the uniform prescribed by, the Order of His Majesty in
Council dated the 4th day of September, 1918, to be worn by
the British mercantile marine, and any other uniform which
may be prescribed by, Order of His Majesty in Council to be
worn by the British mercantile marine.

3.-(1) If any person not being entitled to wear the British
mercantile marine uniform wears that uniform or any part
thereof, or any dress having the appearance or bearing any of the
distinctive marks of that uniform, he shall upon summary
conviction be liable to a fine not exceeding fifty dollars, or if he
wears it in such a manner or in such circumstances as to be
likely to bring contem pt on the uniform, to a fine not exceeding
one hundred dollars or to imprisonment for any term not
exceeding one month : Provided that this section shall not
prevent any person from wearing any uniform or dress in the
course or for the purposes of a stage play or representation, or
a music-hall or circus performance, if the uniform is not worn
in such a manner or in such circumstances as to bring it into
contempt.

(2) If any person entitled to wear the British mercantil
marine uniform when aboard a ship in port or on shore appear
dressed partly in uniform and partly not in uniform in suel-
circumstances as to be likely to bring contempt on the uniform
or, being entitled to wear the uniform appropriate to a particula
rank or position, wears the uniform appropriate to some higher
rank or position, he shall upon summary conviction be liable
to a fine not exceeding fifty dollars.
[1.1.33.] [Originally No. 19 of 1929.] Short title. Definition. 9 & 10 Geo. 5, c. 62, preamble. Prohibition against improper use of unifrom. 9 & 10 Geo. 5, c. 62, s. 1.

[1.1.33.] [Originally No. 19 of 1929.] Short title. Definition. 9 & 10 Geo. 5, c. 62, preamble. Prohibition against improper use of unifrom. 9 & 10 Geo. 5, c. 62, s. 1.

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ACCESSORIES AND ABETTORS ORDINANCE, 1929

No. 10 of 1929, repealed by Law Revision
Ordinance, 1939, Supp, Sched.

No. 11 of 1929, incorporated in No. 65 of 1911.

No.12 of 1929, repealed by Law Revision
Ordinance, 1939, Supp. Sched.

No. 13 of 1929, incorporated in No. 2 of 1865.

No. 14 of 1929.

An Ordinance to ainend the law relating to accessories to and
abettors of indictable offences.

[20th September, 1929.]

1. This Ordinance may. be cited as the Accessories and,
Abettors Ordinance, 1929.

Accessories before the fact.

2. Every person who becomes an accessory before the fact
to any felony, whether the same is a felony at common law or
by virtue of any Act or Ordinance, may be indicted, tried,
convicted and punished in all respects as if he were a principal
felon.

3. Every person wh o counsels, procures or commands any
other person to commit any felony, Whether the same is a felony
at common law or by virtue of any Act or Ordinance, shall be
guilty of felony and may be indicted and convicted either as an
accessory before the fact to the principal felony, together with
the principal felon, or after the conviction of the principal
felon, or may be indicted and convicted of a substantive
felony, whether the principal felon has or has not been previously
convicted or is or is not arnenable. to justice, and may thereupon
be pu nished in the sam e manner as any accessory before the fact,
to the same felony, if convicted as an accessory, may be
punished.

And see No. 41 of 1932, [Magistrates[, s. 37.





Accessories after the fact.

4. Every person who becomes an accessory after the fact
to any felony, whether the same is a felony at common law or
by virtue of any Act or Ordinance, may be indicted and
convicted either as an accessory after the fact to the principal
felony, together with the principal felon, or after the conviction
of the principal felon, or may be indicted and convicted of a
substantive felony, whether the principal felon has or has not
been previously convicted or is or is not amenable to justice, and
may thereupon be punished in like manner as an accessory after
the fact to the sarne felony, if convicted as an accessory, may be
punished.

5. Every accessory after the fact to any felony (except where
it is otherwise specially, enacted), whether the same is a felony
at common law or by virtue of any Act or Ordinance, shall be
liable to imprisonment for any term not exceeding two years
and it shall be lawful for the court to require the offender to
enter into his own recognizances, with or without sureties, for
keepi n the peace, in addition to such punishment: Provided
that no person shall be imprisoned under this section for not
finding sureties for any period exceeding one year.

Accessories generally.

6. Any number of accessories at different times to any
felony, and any, nurnber of receivers at different times of property
stolen at one time, may be charged with substantive felonies in
the sanle indictment and mav be tried toYether, notwith standing
that the principal felon is not included Wthe same indictment or
is not in custody or amenable to Justice.

7. Every person who aids, abets, counsels or procures the
commission of any misdemeanor, whether the same is a
misdemeanor at common law or by virtue of any Act or
Ordinance, shall be liable to be indicted, tried and punished
as a principal offender.

No. 15 of 1929, incorporated in No. 9 of 1021.
[Originally No. 14 of 1929. Law Rev. Ord., 1939.] Short title. Accessory before the fact may be indicted, etc., as principal 24 & 25 Vict. C. 94, s. 1. Accessory before the fact may be indicted, etc., as such or as substantive felon 24 & 25 Voct. c. 94, s. 2. Accessory after the fact may be indicted, etc., as such or as substantive felon. 24 & 25 Vict. C. 94, s. 3. Punishment of accessory after the fact. 24 & 25 Vict. c. 84, s. 4. Several accessories may be included in same indictment. 24 & 25 Vict. c. 94, s. 6. Abettor in misdemeanor may be indicted, etc., as principal offender. 24 & 25 Vict. c. 94, s. 8.

[Originally No. 14 of 1929. Law Rev. Ord., 1939.] Short title. Accessory before the fact may be indicted, etc., as principal 24 & 25 Vict. C. 94, s. 1. Accessory before the fact may be indicted, etc., as such or as substantive felon 24 & 25 Voct. c. 94, s. 2. Accessory after the fact may be indicted, etc., as such or as substantive felon. 24 & 25 Vict. C. 94, s. 3. Punishment of accessory after the fact. 24 & 25 Vict. c. 84, s. 4. Several accessories may be included in same indictment. 24 & 25 Vict. c. 94, s. 6. Abettor in misdemeanor may be indicted, etc., as principal offender. 24 & 25 Vict. c. 94, s. 8.

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SUNDAY CARGO WORKING ORDINANCE, 1929

No. 7 of 1929.

An Ordinance to amend the law relating to the restriction of
the loading, working and discharging of cargo on Sunday.

[28th June, 1929.]

1. This Ordinance rnay be cited as the Sunday Cargo
Working Ordinance, 1929.

In this Ordinance-

(a) ' Cargo ' does not include coal for the ship's bunkers,
fuel oil, water or other necessaries for the Lise of the ship, mails,
personal luggage, live stock, ice, meat, fish, milk, cream, bread,
confectionery, fruit, vegetables, flowers and other articles of a
perishable nature;

(b) ' Harbour Master ' includes any person authorized or
deputed by the Harbour Master to perform any duty vested in
or imposed upon him by this Ordinance,

(c) ' Ship ' includes every description of vessel used in
navigaiion, over 6o tons net register, propelled by machinery.

3.-(1) No person shall receive on board, load on, work on
or alongside, or discharge from, any ship any cargo on Sunday
except under and in accordance with a permit issued by the
Harbour Master under this Ordinance.

(2) If any cargo is received on board, loaded on, worked on
or alongside, or discharged from, any ship contrary to any of
the provisions of sub-section (1), the master, and the owners,
charterers (if any) and agents, of that ship shall, Without
prejudice to the criminal liability of themselves or of any other
person, be deemed jointly and severally to have incurred a debt
to the Crown, by way of forfeiture, equal to twice the amount
of the Sunday permit fee which would have been payable under
this Ordinance in respect of that ship.

The regulations, form of permit and scale of fees formerly contained in the
Schedules to this Ordinance have been transferred to the correspond-
ing volume of the Regulations of Hong Kong.

As amended by No. 4 of 1934 [6.4.34]
As amended by Law Rev. Ord., 1939, Supp. Sched.





4. It shall be lawful for the Governor in Council to make
regulations for-

(a) providing the form of Sunday permits,

(b) imposing obligations on the applicants for and holders
of Sunday permits, and on the owners, charterers, agents and
masters of ships on or from which cargo is received, loaded,
worked or discharged on Sunday;

(c) prescribing the fees to be payable for Sunday permits;

(d) any other purpose which the Governor in Council may
consider desirable in order to restrict the receiving, loading,
working or discharging'of cargo on or from ships on Sunday;


(e) excluding any specified ship or class of ship from the
operation of this Ordinance.

5.-(1) Subject to the provisions of sub-section (2), the fee
payable in respect of any Sunday permit shall be paid withtin
seven days after the date of issue, and if it is not so paid it shall
be deen to be a debt due to the Crown jointly and severally
by the owners, charterers (if any), agents and master of the
ship in respect of which the permit was granted.

(2) The fee shall not be payable if the holder of the Stinday
permit satisfies the Harbour Master that no cargo, was received
on board, loaded or discharged on or from the ship on the
Sunday for which the permit was issued, and if the holder has
also Complied with all the provisions of this Ordinanee and of
any regulations made thereunder, so far as such provisions may
relate to the said permit.

6. Every person who contravenes any of the provisions of
this Ordinance of of any regulation made thereunder shall upon
summary conviction be liable to a fine not exceeding one
thousand dollars.

No. 8 of 1929, incorporated in No. 6 of 1887.

No. 9 of 1929, incorporated in No. 15 of 1908.

As amended by Law Rev. Ord., 1939, Supp. Sched.
[Originally No. 7 of 1929. No. 4 of 1934. Law Rev. Ord., 1939.] Short title. Interpretation. Prohibition of Sunday working. Regulations. Recovery of fees. Penalty.

[Originally No. 7 of 1929. No. 4 of 1934. Law Rev. Ord., 1939.] Short title. Interpretation. Prohibition of Sunday working. Regulations. Recovery of fees. Penalty.

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HONG KONG AND SHANGHAI BANK ORDINANCE, 1929

No. 6 of 1929.

An Ordinance to amend the constitution of the Hong Kong
and Shanghai Banking Corporation.

[17th May, 1929.]

1. This Ordinance may be cited as the Hong Kong and
Shanghai Bank Ordinance, 1929. -

2. In this Ordinance,

(a) ' Auditor ' means auditor of the bank

(b) ' Bank ' means the ' Hong Kong and Shanghai
Banking Corporation ' 'Created by virtue of the provisions of
the Hong Kong and Shanghai Bank Ordinance, 1866, and
continued by this Ordinance;

(c) ' Board ' means board of directors and (if the context
so requires) means the directors assembled at a meeting of the
board;

(d) ' Capital ' means the share capital for the time being
of the bank;

(e) 'Chairman ' means the chairman or his deputy
presiding at any meeting of shareholders or of the board ;

(f) ' Chief accountant ' means the person for the time
being performing the duties of chief accountant of the bank at
the head office;

(g) ' Chief manager' means the person for the time being
performing the duties of chief manager of the bank

The regulations formerly contained in the Schedule to this Ordinance
have been transferred to the corresponding volume of the Regulations
of Hong Kong.
As amended by Law Rev. Ord., 1939, Supp. Sched.





(h) ' Directors ' means the directors for the time being of
the bank or (if the context so requires) directors present and
voting at a meeting of the board ;

(i) ' Dividend ' includes any, interim dividend, bonus or
profits on any share ;

(j) Dollar ' means dollar in Hong Kong currency.

(k) General meeting ' means a general meeting of
shareholders ;

(l) ' Head office ' means the principal place of business
in the Colony for the tinie being of the bank ;

(m) ' Incapacitated shareholder ' means a shareholder
being an infant, or an idiot or lunatic, or non compos mentis, or
a bankrupt or one whose estate has, by the operation of law,
become vested in any other person or persons in trust for or
for the benefit of his creditors ;

(n) ' Ordinance ' or ' the Ordinance ' means this
Ordinance;

(o) ' Ordinary resolution means a resolution of a simple
majority, of shareholders at a general meeting;

(p) Person ' includes a firm, company or corporation

(q) Regulations - means the regulations of the bank for
the time being in force;

(r) ' Share ' means share in the share capital of the bank

(s) ' Shareholder ' or ' hoWer of a share ' or ' holder
of any share ' means every person whose narne is entered in any
register of shareholders of the bank as a holder of any share or
shares;

(t) Supreme Court ' means the Supreme Court of the
Colony and includes any judge or judges thereof, sitting either
together or separately, in court or in chambers.

3. Notwithstanding the repeal of the Hong Kong and
Shanghai Bank Ordinance, 1866, the bank shall continue to be
incorporated by the name of ' The Hong Kong and Shanghai

As amended by Law Rev. Ord., 1939, Supp. Sched.





Banking Corporation and by that name shall and may sue
and be sued in all courts, and in that name shall continue to
have perpetual succession, with a common seal which it may
vary and change at its pleasure : Provided that there shall be
no limit whatever to the period of incorporation.

4.-(1) The regulations are hereby substituted for and shall
replace the deed of settlement dated the 20th day of July, 1867,
and all the articles contained therein and any amendments
thereof, and shall be for all purposes the regulations of the
bank, and this Ordinance and the regulations shall be binding
in all respects upon the bank and upon all persons whatsoever,
whether shareholders or not, and, shall regulate the rights and
liabilities of all the above persons inter se, their heirs, executors,
administrators, assigns or successors.

(2) At any time and from time to time it shall be lawful for
the shareholders by special resolution to amend the provisions
of the regulations or any of them. Provided that no such
amendment shall be valid or haveany force or effect until it has
been approved by the Governor and published in the Gazette.
Any such power to amend as aforesaid includes the power to
amend, vary, rescind, revoke or suspend any regulation or any
part thereof and the power to make any new regulation.

(3) A copy of the regWations and of any such special
resolution to amend, purporting to be certified by the Colonial
Secretary to be a correct copy, shall be received in all courts of
justice, and for all purposes, as valid and sufficient evidence of
the contents of the regulations and of the fact that such
regulations have been duly approved and published in the
Gazette.

5.-(1) The objects of the bank shall be the carrying on the
business of banking and as ancillary thereto the other businesses
and objects set forth and contained in regulation 3 of the
regulations, under the management of the directors, and the
bank shall be at liberty to continue, commence, carry on and
effect all or any of its objects at any of its establishments, that
is to say, at its head office and also at its present branches,
agencies and sub-agencies and also at any additional branches,

As amended by Law Rev. Ord., 1939, Supp. Sched.





agencies and sub-agencies whether in the Colony or elsewhere
which may hereafter be established with the consent of the
Commissioners for the time being of His Majesty's Treasury
(such consent being signified in writing under the hands of the
said Commissioners or of any two of them) : Provided that the
business of the bank's branches, agencies and sub-agencies shall
conform to the laws relating to banking whether passed before or
after the date of this Ordinance in any of the territories in which
the powers hereby conferred are exercised.

(2) The bank shall have power to close any of its establish-
ments.

6. It shall be lawful for the bank to sell, dispose of and
convert into money any real or personal property of whatever
description, mortgaged, charged, pledged or hypothecated to the
bank or taken by it in satisfaction, liquidation or payment of any
debt or liability.

7. The capital of the bank is 20,000,000 dollars, divided into
160,000 shares of $125 each, all of which are fully paid up at the
commencement of this Ordinance. The capital may, with the
consent of the Governor previously obtained and notified in the
Gazette, from time to time be increased by ordinary resolution,
of which notice has been duly given, passed at a general meeting,
to a total amount not exceeding the sum of 50,000,000 dollars.

8. The shareholders in generalmeeting shall, in addition to
the power hereinbefore conferred of increasing the capital of the
bank, have power by ordinary resolution-

(a) to consolidate and divide all or any of the capital of the
bank into shares of larger nominal arnount than its existing
shares ;

(b) to subdivide its shares or any of them into shares of
smaller amount than is fixed by this Ordinance or by the
regulations, so however that in the subdivision the proportion
between the amount paid and the amount, if any, unpaid on each
reduced share shall be the same as it was in the case of the
share from which the reduced share is derived; and

(c) to cancel shares which at the date of the passing of the
resolution in that behalf have not been taken or agreed to be





taken by any person, and to diminish the amount of its capital
by the amount of the shares so cancelled, and a cancellation of
shares in pursuance of this section shall not be deemed to be a
reduction of capital.

9.-(1) The shareholders may, subject to the prior approval
of the Governor, by special resolution reorganize the capital,
whether by the consolidation of shares of different classes or
by the division of the shares into shares of different classes

Provided that no preference or special privilege attached to
or belonging to any class of shares shall be interfered with except
by a resolution passed by a majority in number of shareholders
of that class holding three-fourths of the share capital of that
class and confirmed at a meeting of shareholders of that class
in the same manner as a special resolution of the bank is
required to be confirmed, and every resolution so passed shall
bind all shareholders of the class.
(2) A copy of any such resoluton shall be filed with the
Colonial Secretary within seven days after the passing of the
same or within such further tiem as the Governor may allow,
and the resolution shall not take effect until such copy has
been so filed.

10. Until and including the 12th day of July, 1939, it shall
be lawful for the bank to make, issue and circulate notes of the
bank payable to bearer on emand at the place of issue and in
coin lawfully current at such place, and to reissue the notes from
the place at which the same were originally issued. After that
date the bank shall cease to make, issue or reissue notes but
shall redeem. any notes which it has previously issued or
reissued. The number of notes of a lower denomination than
five dollars issued by the bank shall be limited to such number
may from time to time be authorized by the Secretary of
State.

11-(1) The total amount of the notes of the bank payable
to bearer on demand actually in cirtulation shall not at any time
exceed the equivalent of the sum of 30,000,000 dollars.

(2) The bank shall at all times keep deposited either with

As amended by Law Rev. Ord., 1939, Supp Sched.





the Crown Agents or with trustees to be appointed by the
Secretary of State or partly with the Crown Agents anti partly
with such trustees, coin of denominations to be approved by the
Secretary of State, or at the option of the bank, securities to be
so approved, or at the like option, partly such coin and partly
such securities, equal in value to the sum Of 23,333,333 dollars
such coin or securities or such coin and securities to be held by
the Crown Agents or by the said trustees, separately or jointly,
as special funds exclusively available for the redemption of the
notes payable to bearer on demand issued by the bank, and in
the event of the bank becoming insolvent, to be applied accord-
ingly so far as may be necessary, but without prejudice to the
rights of the holders of such notes to, rank with othercreditors
of the bank against the assets of the bank.

(3) Notwithstanding the restriction imposed by sub-
section (1) upon the total nurnber of the notes of the bank
payable to bearer on dernand actually in circulation, notes of the
Uank payable to bearer on demand may be issued and be in actual
circulation to an amount in excess of the equivalent of the said
sum of 30,000,000 dollars if there has been specially deposited
and is kept in the custody of the Colonial Secretary and the
Accountant-General an amount of coin or bullion, or coin and
bullion, equal to the whole value of such excess issue for the
time being actually in circulation, to be held by the Colonial
Secretary and the Accountant-General exclusively for the
redemption of such notes, wherever the same may have been
issued.

(4) Notwithstanding anything contained in sub-section (3

portions of the security in coin or bullion provided for by the
said sub-section may be kept deposited in such places outside
the Colony, with such persons, to such amounts and subject to
such conditions as may at any time and from time to time be
approved by the Governor.

(5) Notwithstanding anything in this section, whatever may
be the totat amount of notes of the bank payable to bearer on
demand actually in circulation at any one time, the amount of
coin deposited by the bank in accordance with sub-sections (1),
(2), (3) and (4) shall never be less than one-third of the total
amount of such notes actually in circulation.






12. (1) In the event of the bank being dissolved the share-
holders shall be liable in respect of its notes in the same manner
as if the bank had been formed with unlimited liability on the
part of its shareholders, but they shall be entitled to, have the
security for the issue of such notes which is referred to in
section 11 applied in the first instance, in payment of the liability
on such notes.

(2) Every shareholder shall in addition to his ability in
respect of its notes under subsection (1) be liable to contribute
to the payment of the debts, engagements and liabilities of the
bank not only any moneys unpaid on the issue price of his shares
but also a further sum of money not exceeding in amount the
nominal Value of every share held by him.

13.-(1) Contracts on behalf of the bank may be made as
follows-

(a) any contract, which if made between private persons
would be by law required to be in writing under seal, may be
made on behalf of the bank in writing under seal and may in the
same manner be varied or discharged

(b) any contract, which if made between private persons
would be by law required to be in writing signed by the parties
to be charged therewith, may be made on behalf of the bank in
writing, signed by any person acting under its authority, express
or implied, and may in the same manner be varied or discharged;

(c) any contract, which if made between private persons
would by law be valid although made by parol only and not
reduced into writing, may be made by parol on behalf of the
bank by any person acting under its authority, express or
implied, and may in the same manner be varied or discharged.

(2) All cont racts made according to this section shall be
effectual in law and shall bind the bank and its successors and
all other parties thereto, their heirs, executors, administrators or
assigns or successors, as the case may be.

14. A bill of exchange or promissory note shall be deemed
to have been made, accepted or indorsed on behalf of the bank

As amended by Law Rev. Ord., 1939, Supp. Sched.





if made, accepted or indorsed in the name of or by or on, behalf
or on account of the bank by any person acting under its
authority.

15. The bank shall not discount, or in any manner advance
money upon, bills of exchange, promissory hotes or other
negotiable paper in or upon which the narne of Any director or
officer of the bank appears as drawer or acceptor, either on his
individual or separate account, or jointly with any partner, or
otherwise than as a director or officer of the bank to an amount
exceeding one-tenth of the amount of the sum for the time being
under discount or advanced by the bank, nor shall any director
be allowed to obtain credit on his own personal guarantee.

16. The total amount it of the debts and liabitities of the bank
of what nature or kind soever shall not at any time exceed the
aggregate amount of the then existing bond fide assets and
property of the bank and the sum for which its shareholders
are liable under the provisions herein contained.

17.-(1) Subject as hereinafter mentioned, the bank may be
wound up by the Supreme Court, and all the provisions of the
Companies Ordinance, 1932, with respect to, the winding-up of
companies registered thereunder shall apply to the bank as if
expressly re-enacted in this Ordinance, save and except in such
respects as the same may be altered or modified as hereafter
mentioned or provided for.

(2) The circumstances under which the bank may be wound
up are as follows---

(a) in the event of the bank being dissolved or ceaging to
carry on business or carrying on business only for the purpose
of winding-up its affairs; or

(b) whenever the bank is unable to pay its debts or

(c) whenever the court is of opinion that it is just and
equitable that the bank should be wound up.

18. Nothing in this Ordinance shall affect or be deemed to
affect the rights of His Majesty the King, His Heirs and
Successors, or the rights of any body politic or corporate or of
any other person except such as are mentioned in this Ordinance
and thDsc claiming by, from or under them.

As amended by Law Rev. Ord., 1939 Supp. Sched.
[Origianlly No. 6 of 1929. Law Rev. Ord., 1939.] Short title. Interpretation. Ordinance No. 2 of 1866. Incorporation. Ordinance No. 2 of 1866. Regulations of the bank. Ordinance and regulations binding on all persons; power to amend regulations; proof of regulations. Objects of the bank and conduct of its business; power to close establishments. Power to sell and convert property taken as security. Present capital; increase of capital. Alteration of capital. Reorganization of captial. Power to issue bearer notes. [cf. No. 54 of 1935, s. 2.] Amount of and security fro note issue. [cf. No. 54 of 1935, s. 4.] [s. 11. contd.] Liability of shareholders. Form of contracts. Bills of exchange and promissory notes. Limit of accommodation to directors and officers. Limit of debts and liabilities. Winding up and application of Ordinance No. 39 of 1932 thereto. Saving of rights of the Crown and certain other rights.

[Origianlly No. 6 of 1929. Law Rev. Ord., 1939.] Short title. Interpretation. Ordinance No. 2 of 1866. Incorporation. Ordinance No. 2 of 1866. Regulations of the bank. Ordinance and regulations binding on all persons; power to amend regulations; proof of regulations. Objects of the bank and conduct of its business; power to close establishments. Power to sell and convert property taken as security. Present capital; increase of capital. Alteration of capital. Reorganization of captial. Power to issue bearer notes. [cf. No. 54 of 1935, s. 2.] Amount of and security fro note issue. [cf. No. 54 of 1935, s. 4.] [s. 11. contd.] Liability of shareholders. Form of contracts. Bills of exchange and promissory notes. Limit of accommodation to directors and officers. Limit of debts and liabilities. Winding up and application of Ordinance No. 39 of 1932 thereto. Saving of rights of the Crown and certain other rights.

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UNCLAIMED BALANCES ORDINANCE, 1928

No. 5 of 1929.

An Ordinance to consolidate and amend the law with respect
to certain unclaimed balances and certain other unclaimed
sums.
[8th March, 1929.]

1. This Ordinance may be elt ed as the Unclaimed Balances
Ordinance, 1929.

2. In this Ordinance the term 'officer of the Government
includes the Official Administrator, the Official Receiver and
the Official Trustee.

[s. 3, rep. Law Revision Ordinance, 1939, Supp. Sched.]

4.-(1) Any sum of money other than the balance of an
intestate estate and other than a sum of money in the -Supreme
Court, and any balance of an intestate estate administered by
the Official Administrator under section ig of the Probates
Ordinance, 1897, which may for any cause be unclaimed in the
Treasury or in the hands of any officer of the Government may,
on the expiration of five years from the date of payment of such
sum into the Treasury or receipt thereof by such officer of the
Government, be transferred to the general revenue of the
Colony.

(2) Every transfer of any sum of money thus made to the
general revenue of the Colony shall be by order of the Governor
under the hand of the Colonial Secretary.

(3) Every order thus niade shall state the particulars of the
sum transferred and sliall contain an intimation that the transfer
is subject to the provisions contained in this Ordinance as to
refunds.

(4) Every such order shall be published in the Gazette.

5. Where administration has been granted to the Official
Administrator in respect of the estate of any person who has
died intestate, and where a balance from such estate remains in
the hands of the Official Administrator and the next of kin of

As amended by Lim Rev. Ord., 1939, Supp. Sched.





the deceased are not known to him, the Official Administrator
shall, as soon as may be after such grant, cause advertisements
to be published in the Colony and also, if in his opinion it is
desirable, in any place Where it appears to hirfi probable that
persons entitled to share in the residue of the estate may be
found, to the effect that, if no claim is made within five years
from the date of the first publication of such advertisement in
the Colony, the balance remaining from the estate of such
deceased person will be transferred to the general revenue of the
Colony, subject to the provisions of this Ordinance: Provided
that such advertisement shall not be necessary where the net
value of any estate is less than one hundred dollars.

6. The Official Administrator shall as soon as may be after
the grant to him of administration of the estate of any person
dying intestate pay the unclaimed balance of such estate into
the Treasury, or into the account of the Government at such bank
as the Accountant-General may direct, and the Governor may
direct that such balance be transferred to the general revenue
of the Colony subject to the provisions of this Ordinance as to
claims thereto after such transfer : Provided that where
advertisement is required by section 5 no such direction shall be
given until a certificate has been furnished to the Governor by
the Official Administrator to the effect that due advertisement
has been made as required by that section and that the period
of five years from the publication thereof has expired and that,
so far, as is known to him, no further claim can reasonably be
expected against the estate.

7. Where any unclaimed balance paid into the Treasury
or into the account of the,Government under the provisions of
section 6 amounts to one hundred dollars or upwards, the same
shall bear interest at the like rate as is for the time being
allowed by the Government in respect of sums bearing interest
and deposited with the Accountant-General: Provided that no
interest shall be allowed on any such unclaimed balance after
the transfer of such unclaimed balance to the general revenue
of the Colony.

8.-(1) When any sum of money, other than the balance
of an intestate estate, remains for a period of five years or longer

As amended by Law Rev. Ord., 1939, Supp. Sebed.





unclaimed in the Supreme Court, it shall be lawful for the court,
on the application of the Registrar, to order such sum to be paid
over to the Accountant-General for transfer to the general
revenue of the Colony.

(2) Before making any such order the court may direct that
such notice, if any, as it deems necessary shall be given and to
such parties as it may think fit.

9. Every transfer to the, general revenue of the Colony under
the provisions of this Ordinance shall be subject to the provisions
therein contained as to refund.

10. It shall be lawful for any claimant to any money
transferred to the general revenue of the Colony under the
provisions of this Ordinance or of the Unclaimed Balances
Ordinance, 1885, to present a petition in that behalf to the
Supreme Court against the Attorney General as respondent
thereto; and if the claimant proves his claim to the satisfaction
of the court, it shall make, an order declaring him entitled
thereto. Any such order shall be served on the Accountant-
General, who shall comply therewith. No such order as
aforesaid shall entitle the claimant to any interest upon any
money transferred to the general revenue of the Colony after
the date of such transfer. No such petition shall be presented
except within the same time and subject to the same rules of law
and equity in and subject to which an action for the like purpose
might be brought against a subject.

It. The Governor in Council may entertain any moral claim
which may be submitted to him by petition in writing by any
person, praying for payment of any sum of money which may
have been transferred to the general revenue of the Colony under
the provisions of this Ordinance, or of the Unclaimed Balances
Ordinance, 1885, and upon such petition it shall be lawful for
the Governor in Council to order that such sum or any portion
thereof be paid by the Accountant-General to such person as is
mentioned in the order.

12. The general revenue of the Colony shall be applicable
to any payment ordered to be made under this Ordinance.

As amended by Law Rev. Ord,, 1939, Supp. Sched.

13. Nothing in this Ordinance shall affect any of the
provisions of the Bankruptcy Ordinance, 1931, with reward to
unclaimed dividends and funds in bankruptcy proceedings.

[Originally No. 5 of 1929. Law Rev. Ord., 1939.] Short title. Interpretation. Transfer of unclaimed balances generally. Ordinance No. 2 of 1897. [cf. No. 2 of 1897, s. 65 (3), No. 10 of 1900, s. 16 (6), and No. 10 of 1931, s. 130 (4).] Advertisements as to intestates estates. Transfer of unclaimed balances of intestates estates. Interest on certain unclaimed balances. Transfer of unclaimed moneys in the Supreme Court. Refund of transferred balances and sums. Application for refund of money transferred. Ordinance No. 1 of 1885. Moral claims. Ordinance No. 1 of 1885. Charging of general revenue. Saving. Ordinance No. 10 of 1931.

[Originally No. 5 of 1929. Law Rev. Ord., 1939.] Short title. Interpretation. Transfer of unclaimed balances generally. Ordinance No. 2 of 1897. [cf. No. 2 of 1897, s. 65 (3), No. 10 of 1900, s. 16 (6), and No. 10 of 1931, s. 130 (4).] Advertisements as to intestates estates. Transfer of unclaimed balances of intestates estates. Interest on certain unclaimed balances. Transfer of unclaimed moneys in the Supreme Court. Refund of transferred balances and sums. Application for refund of money transferred. Ordinance No. 1 of 1885. Moral claims. Ordinance No. 1 of 1885. Charging of general revenue. Saving. Ordinance No. 10 of 1931.

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UNITED KINGDOM DESIGNS (PROTECTION) ORDINANCE, 1928

No. 18 of 1928.

An Ordinance to protect the registered proprietor of any design
registered in the United Kingdom.

[28th December, 1928.]

1. This Ordinance may be cited as the United Kingdom
Designs (Protection) Ordinance, 1928.

2. Subject to the provisions of this Ordinance, the
registered proprietor of any design registered in the United
Kingdom under the Patents and Designs Acts, 1907 to 1932,
or any Act amending or substituted for those Acts shall enjoy
in this Colony the like privileges and rights as though the
certificate of registration in the United Kingdom had been
issued with an extension to this Colony.

As amended by Law Rev. Ord., 1939, Supp. Sched.





3. The registered proprietor of a design shall not be entitled
to recover any damages in respect of any infringement of
copyright in a design from any defendant who proves that at
the date of the infringement he was not aware nor had any
reasonable means of making himself aware of the existence of
the registration of the design:

Provided that nothing in this section shall affect any
proceedings for an injunction.

4. The, court shall have power, upon the application of any
person who alleges that his interests have been prejudically
affected, to declare that exclusive privileges and rights in a
design have not been acquired in this Colony under the
provisions of this Ordinance upon any of the grounds upon
which the United Kingdom registration might be cancelled
under the law for the time being in force in the United
Kingdom.

Such grounds shall be deemed to include, the publication
of the design in Hong Kong prior to the date of registration of
the design in the United Kingdom.

No. 19 of 1928, repealed bv No. 7 Of 1935.

No. 20 of 1928, repealed by No. 8 of 1937.

1929. -

No. 1 of 1929, incorporated in No. 3 of 1873.

No. 2 of 1929, repealed by No. 10 of 1931.

No. 3 of 1929, repealed by No. 39 of 1931.

No. 4 of 1929, incorporated in No. 6 of 1928.

As amended by No. 15 of 1932 [27.5.32]
[Originally No. 18 of 1928. No. 15 of 1932. Law Rev. Ord., 1939.] Short title. Rights in this Colony of registered proprietor of design in United Kingdom, 7 Edw. 7, c. 29. 4 & 5 Geo. 5, c. 18. 9 & 10 Geo. 5, c. 80. 18 Geo. 5, c. 3. 22 & 23 Geo. 5, c. 32. Innocent infringer not liable in damages. Injunction. Grounds upon which court may declare that rights have not been acquired in this Colony. [1.1.36.] [1.1.38.] [1.1.32.][18.12.31.]

[Originally No. 18 of 1928. No. 15 of 1932. Law Rev. Ord., 1939.] Short title. Rights in this Colony of registered proprietor of design in United Kingdom, 7 Edw. 7, c. 29. 4 & 5 Geo. 5, c. 18. 9 & 10 Geo. 5, c. 80. 18 Geo. 5, c. 3. 22 & 23 Geo. 5, c. 32. Innocent infringer not liable in damages. Injunction. Grounds upon which court may declare that rights have not been acquired in this Colony. [1.1.36.] [1.1.38.] [1.1.32.][18.12.31.]

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CARRIAGE OF GOODS BY SEA ORDINANCE, 1928

No. 17 of 1928.

An Ordiltance to arnend the law with iespect to the carriage
of goods by, sea.
[28th December, 1928.]

1. This Ordinance may be cited as the Carriage of Goods
by Sea Ordinance, 1928.

2. Subject to the provisions of this Ordinance, the rules set
out in the Schedule hereto (hereinafter referred to as ' the
rules ') shall have effect in relation to and in connexion with
the carriage of goods by sea in ships carrying goods from any
port in the Colony to any other port whether in or outside the
Colony.

3. There shall not be implied in any contract for the
carriage of goods by sea to which the rules apply any absolute
undertaking by the carrier of the goods to provide a seaworthy
ship.

4. Every bill of lading or similar document of title issued
in the Colony which contains or is evidence of any contract to
which the rules apply shall contain an express statement that
it is to have effect subject to the provisions of the said rules as
applied by this Ordinance.

5. Article VI of the rules shall, in relation to the carriage
of goods by sea in ships carrying goods from any port in the
Colony to any other port in the Colony or to any port or place
in the province of Kwong Tung or in the province of Kwong
Sai or to Macao, have effect as though the said Article referred
to goods of any class instead of to particular goods and as
though the proviso to the second paragraph of the, said Article
were omitted.

6. Where under the custom of any trade the weight of any
bulk cargo inserted in the bill of lading is a weight ascertained





or accepted by a third party other than the carrier or the shipper
and the fact that the weight is so ascertained or accepted is
stated in the bill of lading, then, notwithstanding anything in
the rules, the bill of lading shall not be deemed to be prima facie
evidence against the carrier of the receipt of goods of the weigh
so inserted in the bill of lading and the accuracy thereof at th
time of shipment shall not be deemed to have been guaranteed
by the shipper.

7.-(1) Nothing in this Ordinance shall affect the operatior
of sectio'n iS of the Merchant Shipping Ordinance, 1899, or of
sections 446 to 450, both inclusive, 502 and 503 of the Merchan
Shipping Act, 1894, as amended by any subsequent enactment
or the operation of any other enactment for the time being in
force limiting the liability of the owners of seagoing vessels.

(2) The rules shall not by virtue of this Ordinance apply
to any contract for the carriage of gbods by sea made before the
31st day of December, 1928, nor to any bill of lading or similar
document of title issued in pursuance of any such contract as
aforesaid.

SCHEDULE. [s. 2.]

RULES RELATING TO BILLS OF LADING.

ARTICLE I.

Definitions.

In these rules the following expressions have the meanings hereby
assigned to them respeetively, that is to say---
(a) Carrier--- includes the owner or the charterer who enters
into a contract of carriace with a shipper;

(b)' Contract of carriage ' applies only to contracts of carriage
covered by a bill of lading or any similar document of title, in so far
as such document relates to the carriage of goods by sea, including
any bill of lading or any similar document as aforesaid issued under
or pursuant to a charterparty from the moment at which such bill of
lading or similar document of title regulates the relations between a
carrier and a holder of the same;

As amended by Law Rev. Ord., 1939, Supp. Sched.





(c) ' Goods ' includes goods, wares, merchandises and articles of
every kind whatsoever except live animals and cargo which by the
contract of carriage is stated as being carried on deck and is so
carried;

(d) ' Ship ' means any vessel ised for the carriage of goods by
sea except-

(i) junks and motor boats as defined in section 2 of the Merchant
Shipping Ordinance, 1899, and

(ii) launches as defined in section 37 of the said Ordinance.

(e) ' Carriage of goods covers the period from the time when
the goods are loaded on to the time when they are discharged from
the ship.

ARTICLE II.

Risks.

Subject to the provisions of Article VI, under every contract of
carriage of goods by sea the carrier, in relation to the loading, handling,
stowage, carriage, custody, care and discharge of such goods, shall be
subject to the responsibilities and liabilities and entitled to the rights
and. immunities hereinafter set forth.

ARTICLE III.

Responsibilities and liabilities.

1. The carrier shall be bound, before and at the beginning of the
voyage, to exercise due diligence to-
(a) make the ship seaworthy;

(b) properly man, equip and supply the ship;
(c) make the holds, refrigerating and cool chambers, and all other
parts of the ship in which goods are carried, fit and safe for their
reception, carriage and preservation.

2. Subject to the provisions of Article IV, the carrier shall
properly and carefully load, handle, stow, carry, keep, care for and
discharge the goods carried.

3. After receiving the goods into his charge the earfier, or the
master or agent of the carrier, shall on demand of the shipper issue
to the shipper a bill of lading showing among other things-

(a) the leading marks necessary for identification of the goods as
the same are furnished in writing by the shipper before the loading of
such goods starts, provided such marks are stamped or otherwise
shown clearly upon the goods if uncovered or on the cases or
coverings in which such goods are contained, in such a manner as
should ordinarily remain legible until the end of the voyage;





(b) either the number of packages or pieces or the quantity or
Weight, as the case may be, as furnished in writing by the shipper;

(c) the apparent order and condition of the goods:

Provided that no carrier, master or agent of the carrier shall be
bound to state or show in the bill of lading any marks, number,
quantity or weight which he has reasonable ground for suspecting not
accurately to represent the goods actually received or which he has
had no reasonable means of checking.

4. Such a bill of lading shall be prima facie evidence of the receipt
by the carrier of the goods as therein described in accordance with
paragraph 3 (a), (b) and (c).

5. The shipper shall be deemed to have guaranteed to the carrier
the accuracy at the time of shipment of the marks, number, quantity
and weight as furnished by him, and the shipper shall indernhify the
carrier against all loss, damages and expenses arising or resulting from
inaccuracies in such particulars. The right of the carrier to such
indemnity shall in no way limit his responsibility and liability under
the contract of carriage to any person other than the shipper.

6. -Unless notice of loss or damage and the general nature of such
loss or damage he given in writing to the carrier or his agent at the
port of discharge before or at the time of the removal of the goods into
the custody of the person entitled to delivery thereof under the
contract of carriage, or if the loss or damage be not apparent, within
three days, such removal shall be prima facie evidence of the delivery
by the carrier of the goods as described in the bill of lading.

The notice in writing need not be given if the state of the goods
has at the time of their receipt been the subject of joint survey or
inspection.

In any event the carrier and the ship shall be discharged from all
liability in respect of loss or damage unless suit is brought within one
year after delivery of the goods or the date when the goods should
have been delivered.
In the case of any actual or apprehended loss or damage the
carrier and the receiver shall give all reasonable facilities to each
other for inspecting and tallying the goods.

7. After the good are loaded the bill of lading to be issued by
the carrier, master or agent of the carrier to the shipper shall if the
shipper so demands be a 'shipped ' bill of lading: Provided that
if the shipper has previously taken up afiy document of title to such
goods lie shall surrender the same as against the issue of the
' shipped bill of lading, but at the option of the carrier such
document of title may be noted at the port of shipment by the carrier,
master or agent with the name or narnes of the ship or ships upon
which the goods have been shipped and the date or dates of shipment,
and when so noted the same shall for the purpose of this Article be
deemed to constitute a ' shipped ' bill of lading.





8. Any clause, covenant or agreement in a contract of carriage
relieving the carrier or the ship from liability for loss or damage to
or in connexion with goods arising from negligence, fault or failure in
the duties and obligations provided in this Article, or lessening such
liability otherwise than as provided in these rules, shall be null and
void and of no effect.

A benefit of insurance or shnilar clause shall be deemed to be a
clause relieving the carrier from liability.

ARTICLF 1V.

Rights and immunities.

1. Neither the carrier nor the ship shall be liable for loss or
damage arising or resulting from unseaworthiness unless caused by
want of due diligence on the part of the carrier to make the ship
seaworthy and to secure that the ship is properly manned, equipped
and supplied and to make the holds, refrigerating And cool chambers
and aTother parts of the ship in which goods are carried fit and safe
for their reception, carriage and preservation in accordance with the
provisions of paragraph 1 of Article III.

Whenever loss or damage has resulted from unseaworthiness the
burden of proving the exercise of due diligence shall be on the carrier
or other person claiming exemption under this section.

2. Neither the carrier nor the ship shall be responsible for loss or
damage arising or resulting from-

(a) act, neglect or default of the master, mariner, pilot or the
servants of the carrier in the navigation or in the management of the
ship;

(b) fire, unless caused by the actual fault or privity of the carrier;

(c) perils, dangers and accidents of the sett or other navigable
waters;

(d) act of God;

(e) act of war;

act of public enemies;

(g) arrest or restraint, of princes, rulers or people, or seizure under
legal process.
(h) quarantine restrictions;

(i) act or omission of the shipper or owner of the goods, his agent
or representative;

(j) strikes or lock-outs or stoppage or restraint of labour from
whatever cause, whether partial or general,

(k) riots and civil commotions;





(l) saving or attempting to save life or property at sea;
(m) wastage in bulk or weight pr any other loss or damage arising
from inherent defect, quality or vice of the goods;

(n) insufficiency of packing;.

(o) insufficiency or inadequacy of marks;

(p) latent defects not discov6rable by due diligence;

(q) any other cause arising without the actual fault or privity of
the carrier, or without the fault or neglect of the agents or servants
of the carrier; but the burden of proof shall be on the person claiming
the benefit of this exception to show that neither the actual fault or
privity of the carrier nor the fault or neglect of the agents or servants
of the carrier contributed to the loss or damage.

3. The shipper shall not be responsible for loss or damage
sustained by the carrier or the ship arising or resulting from any cause
without the act, fault or neglect of the shipper, his agents or his
servants.

4. Any deviation in saving or attempting to save life or property
at sea or any reasonable deviation shall not be deemed to be an
infingemnet or breach of these rules or of the contract of carriage,
without the carrier shall not be liable for any loss or damage resulting
therefrorm.

5. Neither the earrier nor the ship shall in any event be or become
liable for any loss or damage to or in connexion with goods in an
amount exceeding 100 per package or unit or the equivalent of that
sum in other curreney, unless the nature and value of such goods
have been declared by the shipper before shipment find inserted in
the bill of lading.

This declaration if embodied in, the bill of lading shall be prima
facic evidence but shall not be binding or conclusive on the carrier.

By arrangement between the carrier, master or agent of the
carrier and the shipper another maximum amount than that mentioned
in this paragraph may be fixed: Provided that such maximum shall
not be less than the figure above-named.
Neither the carrier nor the ship shall be responsible in any event
for loss or damage to or in connexion with goods if the nature or value
thereof has been knowinalv misstated by the shipper in the bill of
lading.

6. Goods of an inflammable, explosive or dangerous nature to the
shipment whereof the carrier, master, or agent of the carrier, has not
consented, with knowledge of their nature and character, may at any
time before discharge be landed at any place or destroyed or rendered
innocuous by the carrier without compensation, and the shipper of
such goods shall he liable for all damages and expenses directly or
indirectly arising out of or resulting from such shipment.






if any such goods shipped with such knowledge and consent
become a danger to the ship or cargo, they may in like, manner be
landed at any place or destroyed or rendered innocuous by the carrier
without liability on the part of the carrier except to general average,
if any.
ARTICLE V.-

Surrender of rights and immunities, and increase of
responsibilities and liabilities.

A carrier shall be at liberty to surrender in whole or in part all
or any of his rights and immunities or to increase any of his respon-
sibilities and liabilities under, the rules contained in any of these
Articles, provided such surrender or increase shali be embodied in the
bill of lading issued to the shipper.

The provisions of these rules shall not be applicable to charter-
parties, but if bills of lading are issued in the case of a ship under a
charterparty they shall comply with the terms of these rules.
Nothing in these rules shall be held to prevent the insertion in a bill
of lading of any lawful provision regarding general average,

ARTICLE VI.

Special conditions,

Notwithstanding the provisions of tN preceding Articles, a carrier,
master, or hgent of the carrier, and a shipper, shall in regard to any
particular goods be at liberty to enter into any agreement in any terms
as to the resporisibibby and liability of the carrier for such goods, and
as to the rights and immunities of the carrier in respect of such goods,
or his obligation as to seaworthiness, so far as this stipulation is not
contrary to public policy, or the care or diligence of his servants or
agents in regard to the loading, handling, stowage, carriage, custody,
care and discharge of the goods carried by sea, provided that in this
case no bill of lading has been or shall be issued and that the terms
agreed shall be embodied in a receipt which shall be a non-negotiable
document and shall be marked as such.

Any agreement so entered into shall have full legal effect:

Provided that this Article shall not apply to ordinary commercial
shipments made in the prdinary course of trade, but only to other
shipments where, the character or condition of the property to be
carried or the circumstances, terms and conditions under which the
carriage is to be performed, are such as reasonably to justify a special
agreement.
ARTICLE VII.

Limitations on the application ofthe rules.

Nothing herein contained shall prevent a carrier or a shipper from
entering into any agreement, stipulation, condition, reservation or
exemption as to the responsibility and liability of the carrier or the

ship for the loss or damage to or in connexion with the custody and
care and handling of goods prior to the loading on and subsequent to
the discharge from the ship on which the goods are carried by sea.

ARTICLE VIII.

Limitation of liability.

The provisions of these rules shall not affect the rights and
obligations of the carrier under any enactment for the time being in
force relating to the limitation of the liability of owners of seagoing
vessels.

ARTICLE IX.

The monetary units mentioned in these rules are to be taken to be
gold value.

ARTICLE X.

The debtor shall have the right of discharging his debt in
Hong Kong currency according to the rate of exchange prevailing on
the day of the arrivil of the ship at the port of discharge of the goods
concerned.
[Originally No. 17 of 1928. Law Rev. Ord., 1939.] Short title. 14 & 15 Geo. 5, c. 22, s. 6 (1). Application of rules. 14 & 15 Geo. 5, c. 22, s. 1. Schedule. Absolute warranty of seaworthiness not to be implied in contracts to which rules appluy. 14 & 15 Geo. 5, c. 22, s. 2. Statement as to application of rules to be included in bills of lading. 14 & 15 Geo. 5, c. 22, s. 3. Modification of Article VI of rules in relation to local trade. 14 & 15 Geo. 5, c. 22, s. 4. Modification of rules 4 and 5 of Article III in relation to bulk cargoes. 14 & 15 Geo. 5, c. 22, s. 5. Saving and operation. 14 & 15 Geo. 5, c. 22, s. 6 (2), (3). Ordinance No. 10 of 1899. 57 & 58 Vict. c. 60. [Sched. contd.] [Sched. contd.] [Sched. contd.] [Sched. contd.] [Sched. contd.] [Sched. contd.]

[Originally No. 17 of 1928. Law Rev. Ord., 1939.] Short title. 14 & 15 Geo. 5, c. 22, s. 6 (1). Application of rules. 14 & 15 Geo. 5, c. 22, s. 1. Schedule. Absolute warranty of seaworthiness not to be implied in contracts to which rules appluy. 14 & 15 Geo. 5, c. 22, s. 2. Statement as to application of rules to be included in bills of lading. 14 & 15 Geo. 5, c. 22, s. 3. Modification of Article VI of rules in relation to local trade. 14 & 15 Geo. 5, c. 22, s. 4. Modification of rules 4 and 5 of Article III in relation to bulk cargoes. 14 & 15 Geo. 5, c. 22, s. 5. Saving and operation. 14 & 15 Geo. 5, c. 22, s. 6 (2), (3). Ordinance No. 10 of 1899. 57 & 58 Vict. c. 60. [Sched. contd.] [Sched. contd.] [Sched. contd.] [Sched. contd.] [Sched. contd.] [Sched. contd.]

https://oelawhk.lib.hku.hk/items/show/1607

CHINESE TEMPLES ORDINANCE, 1928

No. 7 of. 1928.

An Ordinance to suppress and prevent abuses in the manage-
ment of Chinese temples and in the administration of the
funds of Chinese temples.

[27th April, 1928.]

1. This Ordinance may be cited as the Chinese Temples
Ordinance, 1928.

2. In this Ordinance, Chinese temple ' includes-

(a) all, Miu (temples), Tsz ( Buddhist monasteries
teries) , Kun and To Yuen ( Taoist monasteries)
and Om (nunneries), and

(b) every place where-

(i) in accordance with the religious principles governing
Miti, Tsz, Kun, To Yuen or Orn worship of gods or com-
The practice of fourtune-telling in Chinese temples registered under this
Ordinance is not affected by s. 20A of the Summary Offences
Ordinance, 1932. sce, No. 40 of 1932, s. 20A (2). Estate duty is
not payable in respect of a Chinese temple as defined in s. 2 of this
Ordinance, or property used for its maintenance : see No. 3 of 1932,
s. 6 (4B).





munication with spirits or fortune-telling is practised or is intended to be
practised; and where

(ii) fees, payments or rewards of any kind whatsoever are charged to or
are accepted from any member of the public for the purpose of worship or
communication with spirits or fortunetelling or any similar purpose, or in
return for joss candles or incense sticks, or on any other account
whatsoever.

3.-(1) It shall be lawful for the Chinese Temples Committee referred to
in section 7 to make, subject to the approval of the Governor in Council,
regulations for

(a) the registration, management, control and inspection of Chinese
temples

(b) the management, control and audit of the funds of Chinese temples

(c) the duties of sz chuk ( temple keepers).

(2) Nothing in this section shall be construed as obliging the Chinese
Temples Committee to make any regulation before exercising any other
power conferred on the committee by this Ordinance.

4.-(1) Subject to the provisions of sub-sections (2) and (3),
no Chinese temple shall be established or maintained unless it is
in a building which is a complete and separate building and
which is erected and is used for the purpose of such temple and
for no other purpose.

(2) Notwithstanding anything in sub-section (1) it shall be lawful for the
Chinese Temples Committee referred to in section 7 to exempt any Chinese
temple from the provisions of sub-section (1). Any such exemption may be
withdrawn at any time by the Chinese Temples Committee upon such notice
as to the said committee may seem proper.

As amended by Law Rev. Ord., 1939, Supp. Sched.





(3) If the Chinese Temples Committee refuses to grant
any exemption applied for under sub-section (2), or withdraws
any exemption granted under the said sub-section, it shall be
lawful for the applicant, within fourteen days frorn the date of
such refusal or withdrawal as the case may be, to appeal by
petition to the Governor in Council, and upon consideration of
such petition and of any reply thereto submitted in writing by
the Chinese Temples, Committee it shall be lawful for the
Governor in Council to allow or to dismiss the appeal, and if
he allows the appeal the exemption shall be granted, or the
withdrawal of the exemption shall be cancelled, by the Chinese
Temples Committee, with retrospective effect in each case to
the date of the refusal or withdrawal as the case may be

5.-(1) No Chinese temple shall be established or main-
tained unless it is registered in accordance with the provisions
of this Ordinance.

(2) Registration shall be effected at the office of the
Secretary for Chinese Affairs and the following particulars shall
be supplied in order to effect registration-

(a) the name of the temple or intended temple;

(b) the address of the ternple or intended temple, including
the street or road and lot number;

(c) the gods worshipped or intended to be worshipped

(d) the nature or intended nature of the control of the
temple, that is to say, whether by a committee or by a family or
by an individual, and the title of the committee or the name of
the family or individual;

(e) the name and address of the sz chuk temple
keeper) , if any

(f) particulars of the funds, investments and properties held
at the time of registration and where, how and by whom those
funds, investments or properties are held;

(g) the application or intended application of the revenue
of the temple, including the revenue from funds, investments or
property held or to be field.

As amended by Law Rev. Ord., 1939, Supp. Sched.





6. No person shall-

(a) take any part in the establishment or maintenance of any
Chinese temple established or maintained contrary to any of the
provisions of this Ordinance or of any regulation made there-
under, or

(b) take any part in the management or in the service of
any such Chinese temple, or

(c) derive any prollit from the revenue of any such Chinese
temple, or

(d) knowingly supply any false or inaccurate information
for the purposes of this Ordinance.

7.-(1) Notwithstanding anything in the Secretary for
Chinese Affairs Incorporation Ordinance, 1928, the revenues,
funds, investments and properties of all Chinese temples shall,
subject to the provisions of section 8, be under the absolute
control of a committee which shall be known as the Chinese
Temples Committee and which shall consist of the following
persons-

(a) the Chinese members for the time being of the
Executive Council and of the Legislative Council

(b) a representative of the District Watch Committee
appointed by the Governor, for such period as he may approve,
on the nomination of the District Watch Committee;

(c) the Chinese rilembers of the Urban Council for the
time being appointed by the Governor;

(d) the chairman for the time being of the directors of the
Tung Wah Hospital;

(e) the senior member for the time being of the committee
of the Po Leung Kuk;

(f) one of the directors of the Tung Wah Hospital,
nominated annually by the directors from among those directors
who are residents of Kowloon or New Kowloon;

(g) the Secretary for Chinese Affairs.

As amended by No. 5 of 1932 [26.2.32] and Law Rev. Ord, 1939.
Supp. Sched.





The Secretary for Chinese Affairs shall be the chairman of the
Chinese Temples Committee. Five members shall form a
quorum.

(2) In ordes to make such control effective it shall be lawful
for the Chinese Temples Committee, without prejudice to any
powers that the committee may possess, to require any person
other than the Secretary for Chinese Affairs Incorporated, who
may be in possession or control of, or in whom may be vested,
any property held on behalf of or for the purposes of any Chinese
temple, to transfer or assign any such property to the Secretary,
for Chinese Affairs Incorporated.

(3) Any such direction shall be signed by the chairman of
the Chinese Temples Committee, and shall be served on the
person required by the direction to transfer or assign the
property in question.

(4) If the person so served fails without lawful excuse to
transfer or assign the property forthwith he shall be deemed to
have been guilty of a contravention of this Ordinarice.

(5) If the property in question is immovable property and
the person in whom it is vested fails without lawful excuse to
comply with the direction of the Chinese Temples Committee
to assign the property to the Secretary for Chinese Affairs
Incorporated, or cannot be served, it shall be lawful for the
Supreme Court, upon the hearing of an originating summons
taken out by the chairman of the Chinese Temples Committee,
to make an order vesting the said property in the Secretary for
Chinese Affairs Incorporated. Any such vesting order shall
have the same effect as a vesting order made, under section 45
of the Trustee Ordinance, 1934.

(6) If the property in question consists of stock as defined
in the Trustee Ordinance, 1934, or is a chose in action, and the
person by whoin or in whose name it is held or in whom the
right to sue and ryover it is vested fails without lawful excuse
to comply with the direction of the Chinese Temples Committee
to transfer the property to the Secretary for Chinese Affairs
Incorporated, or cannot be served, it shall be lawful for the
Supreme Court, upon the bearing of an originating summons
taken out by the chairman of the Chinese Temples Committee,





to make an order vesting in the Secretary for Chinese Affairs
Incorporated the right to transfex or call for a transfer of the
stock or to receive the dividends or income thereof or to sue for
or receive the chose in action, as the case may be. Any such
vesting order shall have the same effect as a vesting order made
under section 52 of the Trustee Ordinance, 1934.

(7) If the property in question is of any other nature than
is referred to in sub-sectionis (5) and (6), and the person in
whose possession or under whose control the property is fails
without lawful excuse to comply with the direction of the Chinese
Temples Commiftee to transfer the property to the Secretary for
Chinese Affairs Incorporated, or cannot be served, it shall be
lawful for a magistrate to make an order authorizing any police
officer to take possession of the property, using such force as
may be necessary for the purpose, and to transfer it to the
Secretary for Chinese Affairs Incorporated.

(8) A certificate under the hand of the Colonial Secretary
shall be conclusive evidence for all purposes as to whether any
particular individual is, or was on any specified date, a member
of the Chinese Temples Committee.

8.-(1) The revenues of all Chinese temples shall be applied
in the first instance to the due observance of the customary
ceremonies and the maintenance of the temple buildings and
temple properties, and any surplus may be transferred to the
General Chinese Charities Fund referred to in section 9.

(2) It shall be in the discretion of the Chinese Temples
Committee to decide what are the customary ceremonies of any
particular Chinese temple and what amount may be spent on
any particular authorized object and what surplus may be
transferred to the General Chinese Charities Fund.

9.-(1) The General Chinese Charities Fund referred to in
section 8 shall be held in such manner as the Chinese Temples
Committee may direct, and may in the discretion of the Chinese.
Temples Committee be applied-

(a) to the pay of the necessary staff and the other expenses
incurred b ylthe Chinese Temples Committee in the exercise of
its powers under this Ordinance, and

As amended by Law Rev. Ord., 1939, Supp. Sched.





(b) for the purposes of any Chinese charity in the Colony.

(2) The accounts of the General Chinese Charities Fund
shall be audited at such times and in such manner as the
Governor may direct.

10.-(1) It shall be lawful for the Chinese Temples
Committee to let by tender the office of sz chuk temple
keeper) of any temple.

(2) It shall be within the discretion of the Chinese Temples
Committee to determine the conditions of any tender, the
manner in which tenders shall be called for and the powers and
obligations of any sz chuk.

(3) Any lump sum paid or any periodical payment made by
any person in respect of any tender by him for the office of sz chuk
of any temple shall be deemed to be part of the revenue of that
temple.

(4) It shall also be lawful for the Chinese Temples Com-
mittee, without tender, to appoint any person to the office of
sz chuk of any temple.

(5) It shall be lawful for the Chinese Temples Committee
to give to the sz chuk- of any Chinese temple, whether appointed
by the Chinese Temples Committee or not, one month's notice
in writing terminating the tenure of his office, and upon the
expiration of the notice he shall be deemed to have vacated such
office and thereafter shall not act as sz chuk of that temple unless
reappointed by the Chinese Temples Committee.

11. It shall be lawful for the Chinese Temples Committee
to delegate to any person the administration of any temple and
of the revenues of such temple and to revoke any such
delegation.

12.-(1) If it appears to the Chinese Temples Committee
that there is reason to believe that any registered Chinese temple
is falling or has fallen into disuse, or that the funds and
revenues of any registered Chinese temple are insufficient for
its maintenance, it shall be lawful for the committee to call, in

As amended by Law Rev. Ord., 1939, Supp. Sched.





such manner and at such time and place as to the committee
May seem fit, a meeting of such persons as may appear to the
committee to be intetested.in the matter, and to lay the facts
before such interested persons as may aitend suich meeting, and
to ascertain their views.

(2) If upon considering such views, if any, and all the
circumstances of the case it, appears to the committee that
sufficient support for the temple is not likely to be forthcoming
it shall be lawful for the committee to order the temple to be
closed.

(3) Notice of such order shall be posted up at the temple
and shall if possible be given to the person or persons by whom
the temple is controlled or some of them.

(4) Upon the expiration of one month from the date upon
which the notice is posted up at the temple and whether the
notice has remained so posted throughout the said period or not,
the temple shall be deemed to be an unregistered temple and
if it is maintained thereafter it shall be deemed to be maintained
contrary to the provisions of this Ordinance.

(5) Upon the posting up of such notice at the temple the
Secretary for Chinese Affairs Incorporated may take possession
of all the property of the t6mple and may sue for the recovery
of any such property and may, with the consent of the Chinese
Temples Committee, sell or otherwise dispose of such property.

(6) The proceeds of any such sale shall, subject to any
lawful claims, be transferred to the General Chinese Charities
Fund.

13.-(1) The Chinese temples specified in the Schedule
hereto, hereinafter referred to as exempted Chinese temples,
shall be exempt from the provisions of sections 3, 4, 7, 8, 10
and 11.

(2) No person shall make or attempt. to make any public
collection or any public appeal or request, for any exempted
Chinese temple or for any object connected therewith, except
within the precincts of that temple.

As amended by Law Rev. Ord., 1939, Supp. Sched.





(3) This Ordinance shall not apply to the Man Mo Temple.

(4) It shall be lawful for the Governor in Council to add
to the Schedule.

14.-(1) It shall be lawful for any person authorized thereto
in writing by the Secretary for Chinese Affairs, either generally
or for a particular occasion, to enter and search, using such force
as may be necessary, any place which such person may have
reason to suspect to be or to contain a Chinese temple which& is
being or has been established or is being maintained, contrary
to any of the provisions of this Ordinance or of any regulation
made thereunder, or to enter and search, using such force as
may be necessary, any registered Chinese temple in or in respect
of which such person may have reason to suspect that any of
the provisions of this Ordinance, or of any regulation made
thereunder, is being or has been contravened, and upon any
such search to seize and detain any books or documents and
also anything which may appear to be or comtain any evidence
of any contravention of any of the provisions of this Ordinance
or of any such regulation.

(2) No person shall obstruct any search authorized by this
section.

15. Every person who contravenes any of the provisions of
this Ordinance or of any regulation made thereunder shall upon
summary c6nviction be liable to a fine not exceeding five
hundred dollars.

SCHEDULE. [s. 13.]

KUN YAM TONG 36 Tai Ping Shan Street, Inland Lots
Nos. 1349 and 1426.

LIN FA KUNG Tai Hang, Inland Lot No. 1351.
SUI TSING PAK TEMPLE 12. Tik Lung Lane, Inland
Lot No. 769, Section D, Sub-section 1.

As amended by Law Rev. Ord., 1939, Supp. Sched.





TAM KUNG SIN SHING TEMPLE , Aberdeen Inland
Lot No. 72.

TIN HAU TEMPLE, Tung Lo Wan, Inland Lot No, 1352.

No. 8 of 1928 incorporated in No. 1 of 1883.

No. 9 of 1928, incorporated in No. 16 of 1914.

No. 10 of 1928, repealed by No. 42 of J932.

No. 11 of 1928, repealed by Law Revision
Ordinance, 1939, Supp. Sched.

No. 12 of 1928, repealed by No. 39 of 1932.

No. 13 of 1928, incorporated in No. 15 of 1908.

No. 14 of 1928, repealed by Law Revision
Ordinance, 1939, Supp. Sched.

No. 15 of 1928, repealed by No. 39, of 1935.

No. 16 of 1928, repealed by No. 41 of 1932.
[Originally No. 7 of 1928. No. 31 of 1930. No. 5 of 1932. No. 7 of 1935. Law Rev. Ord., 1939.] Short title. Interpretation. [cf. No. 40 of 1932, s. 20A.] Regulations. All Chinese temples to be in complete and separate buildings used for no other purpose. All Chinese temples to be registered. No person to take part in the establishment of any unlawful Chinese temple, etc. Revenues, etc., of all Chinese temples to be under the control of the Chinese Temples Committee. Ordinance No. 3 of 1928. [s.7 contd.] Ordinance No. 18 of 1934. Application of revenues of Chinese temples. General Chinese Charities Fund. Temple keeper. Power to delegate. Closing of temple which falls into disuse. Exempted Chinese temples. Schedule. Ordinance No. 10 of 1908. Powers of search and seizure. Penalty. [Schedule. Contd.] [9.12.32.] [1.7.33.] [6.9.35.] [1.1.33.]

[Originally No. 7 of 1928. No. 31 of 1930. No. 5 of 1932. No. 7 of 1935. Law Rev. Ord., 1939.] Short title. Interpretation. [cf. No. 40 of 1932, s. 20A.] Regulations. All Chinese temples to be in complete and separate buildings used for no other purpose. All Chinese temples to be registered. No person to take part in the establishment of any unlawful Chinese temple, etc. Revenues, etc., of all Chinese temples to be under the control of the Chinese Temples Committee. Ordinance No. 3 of 1928. [s.7 contd.] Ordinance No. 18 of 1934. Application of revenues of Chinese temples. General Chinese Charities Fund. Temple keeper. Power to delegate. Closing of temple which falls into disuse. Exempted Chinese temples. Schedule. Ordinance No. 10 of 1908. Powers of search and seizure. Penalty. [Schedule. Contd.] [9.12.32.] [1.7.33.] [6.9.35.] [1.1.33.]

https://oelawhk.lib.hku.hk/items/show/1606

WATCHMEN ORDINANCE, 1928

No. 6 of 1928.

An Ordinance to provide for the registration and regulation of
watchmen.

[1st May, 1928.]

1. This Ordinance may be cited as the Watchmen
Ordinance, 1928.

2.-(1) In this Ordinance,

(a) ' Casual watchman ' means a watchman engaged at a
daily rate;

Aa amended by No. 23 of 1929 [1.11.29].





(b) ' Employer' means a person who employs a
watchman;

(c) ' Police watchman ' means a watchman registered in
the watchmen's register as a police watchman;

(d) ' Private watchman ' rffeans a watchman registered in
the watchmen's register as a private watchman

(e) 'Ship's guard' means a person employed on any
vessel as a watchman, other than a casual watchman;

(f) ' Watchman ' includes every person who is employed
ashore or afloat to protect any property or to prevent crime or to
maintain order in any place, and also every person who is
employed as a head watchman to supervise other watchmen;

(g) 'Watchmen's register '. means the register of watch-
men kept by the Commissioner of Police.
(2) Any power or discretion, conferred by or under this
Ordinance upon the Commissioner of Police may be exercised
by any police officer not below the rank of Assistant Superin-
tendent.

3. It shall be lawful for the Governor in Council to make
regulations for-

(a) fixing the wages and other sums payable by the
employers of police watchmen, and the appropriation of portions
of such wages and other sums for such objects as the Governor
in Council thinks fit;

(b) making and altering grades and ranks of police
watchmen;

(c) regulating the conditions of employment and service of
police watchmen;

(d) providing for the discipline and control of police
watchmen;

(e) imposing duties and obligations on watchmen and on
employers of watchmen;

(f) prescribing fees;

As amended by No. 4 of 1937 [12.3.37] and Law Rev. Ord., 1939,
Supp. Sched.





(g) generally for carrying out the provisions of this
Ordinance.

4. The following shall not be subject to this Ordinance-

(a) public officers;

(b) members of His Majesty's regular Naval, Military or
Air Forces, or of any Auxiliary Force;

(c) persons employed by the Admiralty or War Department
or by the Air Ministry; and

(d) watchmen of Chinese race, unless allowed by the
Commissioner of Police to register themselves in the watchmen's
register.

5. The Commissioner of Police may at any time by writing
under his hand exernpt any watchman or class of watchmen, or
any employer, from any of the provisions of this Ordinance or
of any of the regulations made thereunder.

6. Subject to the provisions of section 4, no person shall
perform or continue to perform any of the duties of a watchman
unless he is registered in the watchmen's register either as a
police watchman or as a private watchman, and no person shall
knowingly employ or continue to employ any unregistered
person as a watchman or to perform any of the duties of a
watchman.

7.-(1) It shall be lawful for the Commissioner of Police
to order that any police watchman, other than a ship's guard,
who is found guilty by him of neglect of duty, disobedience to
orders or other misconduct shall be punished either-

(a) by a fine not exceed ing ten dollars, in which case, if the
fine is not paid, the Commissioner of Police shall have power to
deduct such fine from any moneys then or thereafter in his hands
payable to such watchman, or

(b) by any number of extra or defaulters drills not
exceeding seven for any one offence, or

(c) by removal from the watchmen's register.

As amended by No. 4 of 1929 [8.3.29].





(2) All such fines shall be paid into the Treasury and shall
be applied to such purposes as the Governor may from time to
time direct.

8. Every watchman who deserts from his employment may
be removed from the watchmen's register and if so removed.
shall forfeit any right to any moneys that may be standing to
his credit in the hands of the Commissioner of Police.

9. In any case other than those specified in sections, 7 and 8
the Commissioner of Police may remove any person from the
watchmen's register, subject to an appeal to the Governor in
Council.

10. Subject to an appeal to the Governor in Council, the
Commissioner of Police may refuse to permit any person to
register himself in the watchmen's register.

11. Every police w atchman shall while acting in the
discharge of his duties as a watchman have the same powers of
arrest as a police officer.

12. No watchman other than a private watchman entitled
before 1st June, 1928, to be registered both under this
Ordinance and the Money-lenders Ordinance, 1911, shall act as
a money-lender or take any part in the business of any money-
lender or share in the profits of any sach business.

13. It shall be lawful for any police officer who is authorized
thereto by the Commissioner of Police, either generally or in a
particular case; to entex any place and to search any vessel (not
being or having the status of a ship of war) in or on board which
such police officer has reason to believe that an unregistered
watchman is employed, and to search such place or vessel and
to do everything which may be reasonably necessary in order
to make such search effective.

14. Every sum of money payable under the provisions of
this Ordinance or of any regulation made thereunder shall be
recoverable in the same manner as Crown rents are recovered
upon a certificate purporting to be under the hand of the
Treasurer.

As amended by Law Rev. Ord., 1939, Supp. Sched.

15. In any proceeding against any persoll under this
Ordinance it shall be presumed until the contrary is proved that
such person is not of Chinese race.

16. Every person who contravenes any of the provisions of
this Ordinance or of any regulation made thereunder shall be
liable upon summary conviction to a fine not exceeding two
hundred and fifty dollars or to imprisonment for any term not
exceeding six months.
[Originally No. 6 of 1928. No. 4 of 1929. No. 23 of 1929. No. 4 of 1937. No. 25 of 1937. Law Rev. Ord., 1939.] Short title. Interpretation. Regulations. Persons not subject to this Ordinance. Power of exemption. Unregistered persons not to act or be employed as watchmen. Discipline. Desertion. General power of removal from the watchmen's register. Admission to the watchmen's register. Power of arrest. Watchmen not to be money-lenders. Ordinance No. 16 of 1911. Search. Recovery of sums payable. Presumption. Penalties.

[Originally No. 6 of 1928. No. 4 of 1929. No. 23 of 1929. No. 4 of 1937. No. 25 of 1937. Law Rev. Ord., 1939.] Short title. Interpretation. Regulations. Persons not subject to this Ordinance. Power of exemption. Unregistered persons not to act or be employed as watchmen. Discipline. Desertion. General power of removal from the watchmen's register. Admission to the watchmen's register. Power of arrest. Watchmen not to be money-lenders. Ordinance No. 16 of 1911. Search. Recovery of sums payable. Presumption. Penalties.

https://oelawhk.lib.hku.hk/items/show/1605

SECRETARY FOR CHINESE AFFAIRS INCORPORATION ORDINANCE, 1928

No. 26 of 1927, repealed by No. 38 of 1932.

No. 27 of 1927, repealed by No. 10 Of 1933.

No. 28 of 1927, incorporated in No. 21 Of 1909.

1928.

No. 1 of 1928, incorporated in No. 44 Of 1902.

No. 2 of 1928, repealed by No. 21 Of 1932.

No. 3 of 1928.

An Ordinance to provide for the incorporation of the Secretary for
Chinese Affairs.

[10th April, 1928.]

1. This Ordinance may be cited as the Secretary for Chinese Affairs
Incorporation Ordinance, 1928.

2. The person for the time being performing the duties of the office of
Secretary for Chinese. Affairs shall be a corporation sole (hereinafter called
the corporation), and shall have the name of The Secretary for Chinese
Affairs Incorporated ' and by that name shall and may sue and be sued in all
courts in this Colony and shall and may have and use a common seal.

3.-(1) The corporation shall have power to acquire, accept leases of,
purchase, take, hold and enjoy any lands, buildings, messuages or
tenements of what nature or kind soever and wheresoever situated, and also
to invest moneys upon mortgage of any lands, buildings, messuages or
tenements or upon the





mortgages, debentures, stlocks, funds, shares or securities of any
government, municipality, corporation or company, and also to
purchase, acquire and possess goods and chattels of what nature
and kind soever.

(2) The corporation shall further have power by deed under
its seal to grant, sell, convey, assign, surrender, exchange,
partition, yield up, mortgage, demise, reassign, transfer or
otherwise dispose of any lands, buildings, messuages, tenements,
mortgages, debentures, stocks, funds, shares or securities, or
other goods and chattels whatsoever, which are for the time
being vested in or belonging to the corporation, upon such terms
as to the corporation may seem fit.

4. Notwithstanding any change in the occupant of the
corporation, whether on account of death, departure on leave,
return from leave, temporary employment elsewhere, restimp-
tion of duties, new appointment or other emise whatsoever,
and notwithstanding the nature of the properly or rights, all
property and rights whatsoever, transferred to the corporation
or to any occupant of the corporation as such, in any manner
whatsoever, shall vest or remain vested in the corpomtion so as
to be capable of being dealt with by the occupant of the
corpora tion for the time being and shall not vest in any occupant
in his natural capacity.

5. If any question arises as to who is or was at any time
the occupant of the corporation for the time being, a certificate
under the hand of the Colonial Secretary shall he conclusive
evidence for all purposes whatsoever as to to the person who is
or was the occupant.

6. All deeds and other instruments requiring the seal of the
Corporation shall he sealed in the presence of the occupant of
the corporation for the time being, and such deeds and instru-
ments, and all other documents, instruments and writings
requiring the signature of the corporation, shall be signed
such occupant.

7. The pieces or parcels of ground specilled by their
respective Land Office registex references or Crown Rent Roll
entries in the Schedule, together with all rightsm easements and
appurtenances belonging or appertaining thereto or therewith





usually held, occupied and enjoyed, are hereby transferred to
and vested in the corporation, for the terms granted and subject
to the payment of the rents and the performance of the
covenants and conditions reserved by and contained in the
respective Crown leases of the said pieces or parcels of ground
in all cases where there is a Crown lease, and in all cases where
there is no Crown lease, for the term, and subject to the
payment of the rent and the performance of the covenants and
conditions, to be implied in all the circumstances of the case,
and in every case whatsoever subject to the trusts on which the
respective pieces or parcels of ground were held immediately
before the commencement of this Ordinance.

8. Nothing in this Ordinance shall affect or be deemed to
affect the hghts of His Majesty the King His Heirs and
Successors, or the rights of any body politic or corporate or of
any other person except such as are mentioned in this Ordinance
and those claiming by, from or under them.

SCHEDULE. [s. 7.]





No. 3 of 1928. SECRETARY FOR CHINESE AFFAIRS INCORPORATION.






No. 3 of 1928. SECRETARY FOR CHINESE AFFAIRS INCORPORATION.





PART IV,-contd.

Lantao Island D.D. 312, Lantao Island D.D. 316,
'Lot'No. 687. Lot No. 1926.
Lantao Island D.D. 312, Lantao Island D.D. 319,
Lot No. 695. Lot No. 114.
Lantao Island D.D. 313, Lantao Island D.D. 319,
Ldt No: 58. Lot No. 115.
Lantao Island D.D. 313, Lantao Island D.D. 322,
Lot No. 275. Lot No. 536.
Lantao Island D.D. 316, Lantao Island D.D. 328,
Lot No.' 1869. Lot No. 1324.
Lantao Island D.D. 316, Lantao Island D.D. 350,
Lot No. 1873. Lot No. 553.
Lantao Island D.D .316, Siu Ah Chau Lot No. 53.
Loi No. 1916. Siu Ah Chau Lot No. 54.
Lantao Island D.D. 316,
Lot No. 1925

[2.12.32.] [26.5.33.] [24.6.32.] [Originally No. 3 of 1928.] Short title. Incorporation of the Secretary for Chinese Affairs. Powers of corporation. Property and rights transferred to corporation to vest or remain vested in corporation and not to pass to personal representatives of occupant. Evidence as to the identity of the occupant of the corporation. Execution of documents. Vesting of property. Schedule. Saving of rights of the Crown and of certain other rights. [Sched. contd.] [Sched. contd.] [Sched. contd.]

[2.12.32.] [26.5.33.] [24.6.32.] [Originally No. 3 of 1928.] Short title. Incorporation of the Secretary for Chinese Affairs. Powers of corporation. Property and rights transferred to corporation to vest or remain vested in corporation and not to pass to personal representatives of occupant. Evidence as to the identity of the occupant of the corporation. Execution of documents. Vesting of property. Schedule. Saving of rights of the Crown and of certain other rights. [Sched. contd.] [Sched. contd.] [Sched. contd.]

https://oelawhk.lib.hku.hk/items/show/1604

PRINTERS AND PUBLISHERS ORDINANCE, 1927

No. 25 of 1927.
An Ordinance to regulate the Printing of newspapers and the
keeping and use of Printing Presses.

[1st January, 1928.]

1. This Ordinance may be cited as the Printers and
Publishers Ordinance, 1927.

2. In this Ordinance,

(a) ' Address ' in the case of an individual means his
residence or usual place of business, and in the case of a
corporation means the head office of such corporation within the
Colony;

(b) ' Editor ' means the chief editor if there are more
editors than one, and includes any person acting as chief editor
or performing any of the usual functions of a chief editor;

(c) ' Newspaper ' includes every periodical which is
printed or published in the Colony at intervals not exceeding
three months, and which contains any public news or any
comments on public news;

(d) ' Person ', except so far as relates to the imposition
of the penalty of imprisonment, includes a body corporate and
a firm;

(e) ' Printed document ' includes every piece of paper,
cloth or other similar material, bearing any words, pictures or
signs which were or appear to have been wholly or partly
produced by any mechanical or copying process, add also
includes every collection of printed documents bound together;

(f) 'Printing press' includes every machine and
apparatus adapted and apparently intended for reproducing
words, pictures or signs on paper, cloth or other similar

* As amended by No. 3 of 1933 [17.2.33].





material, and every part of any such machine or apparatus, but
shall not include any apparatus intended and used for
reproducing plans only or: any apparatus intended and used
only for printing patterns on textiles or any purely photographic

apparatus intended and used'for reproducing photographs only;
(g) Proprietor ' includes lessee;
(h) Registrar ' means such officer as may be appointed
by the Governor to act as registrar of newspapers, and includes
any person appointed by the Governor to act as deputy registrar
of newspapers.

3 It shall be lawful for the Governor in Council to make
regulations-
(a) for the registration of newspapers and their proprietors,
printers, publishers and editors;
(b) for the registration, sale, purchase, removal, use,
control and licensing of printing presses

(c) for granting exemptions;
(d) for prescribing fees;
(e) for prescribing forms either in addition to or in
substitution for the forms in the Schedule;
for prescribing anything which is by this Ordinance to
be prescribed by regulations.

4.-(1). Every newspaper shall be registered.

(2) In order to effect registration one of the persons
specified in sub-section (3) shall furnish to the registrar the
particulars specified in Form No. 1 in the Schedule and shall
certify the correctness of such particulars and of his own
description.

(3) The. particulars specified shall be furnished and certified
by the proprietor, printer, publisher or editor of the newspaper.

(4) If any change occurs, or if any inaccuracy is dis-
covered, in any of the specified particulars, the persons specified
in sub-section (3) shall, within seven days or such shorter

Note-Secretary for Chinese Affairs appointed registrar, and Registrar of
the Supreme Court as deputy registrar-G.N. 751 of 1927.
As amended by No. 28 of 1934 [14.9.34] and Law Rev. Ord., 1939,
Supp. Sched.





period as may be prescribed by regulation, furnish substituted
particulars to the registrar and shall certify the correctness of
such substituted particulars and of their own descriptions:
Provided that it one of such persons complies with the require-
ments of this sub-section the obligations imposed by this
sub-section on any other persons shall be deemed to have been
discharged as regards the substituted particulars so furnished.

(5) A change shall be deemed to have occurred in the
identity of the editor if the editor is absent from the Colony or
if he ceases substantially to exercise the functions of an editor.

(6) If the particulars are furnished by a company the
certificate shall be given by a director, manager, secretary or
other officer of the company, and if the particulars are furnished
by a firm the certificate shall be given by a partner of the
firm.

(7) If any particular or substituted particular which
purports to be furnished in accordance with the requirements
of this section is incorrect, the person who certified the correct-
ness of such particular shall be deemed- to have contravened
this Ordinance unless he proves-

(a) that he believed that the particular furnished was
correct, and

(b) that he could not with the exercise of reasonable
diligence have discovered its incorrectness.

(8) No person shall print or publish or act as editor of, or
continue to print or publish or act as editor of, any newspaper
unless all the requirements of this section with respect to such
newspaper have been complied with.

(9) The particulars furnished in accordance with the
provisions of this Ordinance shall be kept by the registrar as a
newspaper register or registers.

(10) Any person may search and inspect any newspaper
register on payment of one dollar for every such search and
inspection, and any person may require an extract from any
newspaper register to be certified by the registrar on payment
of two dollars for every such extract.





(11) Upon the registration of any newspaper, and upon the
furnishing of any substituted particular, the registrar shall,
despatch by registered post a copy of the particulars or
particular to each person named in such particulars or
particular, addressed to the addresses or address specified in
such particulars or particular.

(12) In any proceedings whatsoever against the proprietor,
printer, publisher or editor of any newspaper, it shall be lawful
for the complainant or plaintiff to put in any entry in or certified
extract from any newspaper register, either-

(i) as evidence of the truth of the matters stated in such
entry or extract, or

(ii) as evidence that the particulars appearing in such entry
or extract were furnished and certified by the informant by
whom they purport to have been furnished and certified.

5.-(1) Subject to the provisions of sub-section (7), no
newspaper shall be registered until a sum of three thousand
dollars has been deposited with the registrar by or on behalf of
the pesson seeking registration, Any such deposit while under
the control of the registrar shall bear interest at the like rate as
is for the time being allowed by the Government in respect of
sums bearing interest deposited with the Accountant-General.

(2) The money thus deposited shall be available to pay
any fine which may be imposed upon the proprietor, printer,
publisher or editor of the newspaper in question, either under
this Ordinance or in respect of any matter appearing in the said
newspaper, and shall also be available to pay any damages that
may be awarded in any action for libel in respect of any matter
appearing in the said newspaper and the costs of any such
action.

(3) The registrar may direct that the whole of such money
or such part as may be necessary shall be paid out in respect
of such fine, damages or costs.

(4) When any money has been paid out under sub-
section (3) the registrar may in his discretion suspend the

As amended by No. 1 of 1930 [3.1.30], No. 3 of 1933 [17.2.33], No. 12 of
1937 [30.7.37] and Law Rev. Ord., 1939, Supp. Sched.





registration of the newspaper concerned until a deposit has
been made with him, in respect of the newspaper concerned,
equal to the ainount paid out under his direction, and during
the period of such suspension the newspaper shall be deemed
to be not registered and for the purposes, of subsection (8) of
section 4 of this Ordinance the requirements of the said section 4
shall be deemed not to have been complied with in the case of
such newspaper.

The proprietor of any newspaper may at any time give
notice to the registrar that he desires the registration of the
newspaper to cease and the registrar may on the receipt of
such notice cancel the registration and tile newspaper shall
cease to be registered from the date of such cancellation.

(6) After the expiration of six months from any such
cancellation of registration or, in his discretion, before the
expiration of that period, the registrar may direct that the sum
deposited in respect of such newspaper, or so much of such
sum as rernains deposited, shall be repaid to the person entitled
to receive the same.

It shall be lawful for the registrar to accept in lieu of
the deposit of three thousand dollars a bond in the said amount,
by the person seeking the registration together with one, or two
sufficient sureties approved by the registrar, conditioned for
the payment of anY fine which may be imposed upon the
proprietor, printer, publisher or editor of the newspaper in
question either under this Ordinance or in respect of any matter
appearing in the said newspaper, and also for the payment of
any darnages that may he awarded in any action for libel in
respect of any matter appearing in the said newspaper and the
costs of any such action.

(8) Where a newspaper has been registered without the
payment of the deposit referred to in sub-section (1), the
registrar may in his discretion demand such deposit and may
suspend the registration of the newspaper concerned until the
deposit has been made with him. Any stich suspension shall
have the same effect as a suspension under sub-section (4).
On the making of such deposit the obligation of the bond
shall be deemed to be discharged.





6.-(1) It shall be lawful for the Commissioner of Police in
his discretion to grant to any person a licence to keep a printing
press at any specified place.

(2) If a licence is refused it shall be lawful for the
applicant within fourteen days from the date of the refusal to
appeal by petition to the Governor in Council against such
refusal, and upon consideration of such petition and of
any reply thereto submitted in writing by the Commissioner
of Police it shall be lawful for the Governor in Council
to allow or to dismiss the appeal, and if he allows the
appeal to give such directions as may be necessary in order to
give effect to such allowance.

(3) It shall be lawful for the Governor in Council in his
discretion to order any printing press licence to be cancelled.
No such order shall be made until notice of intention to
consider the making of such order has been served on the
licensee in accordance with the provisions of sub-section (4).
Every such notice shall contain a statement of the grounds
upon which it is alleged that the order should be made and
shall allow to the licensee a period of fourteen days from the
date of the service of the notice, or such other period as may be
prescribed by regulation made. under this Ordinance, within
Which the licensee shall, be at liberty to deliver or cause to be
delivered to the Clerk of Councils a written statement of any
reasons which he may wish to urge against the making of the
order. Upon the expiration of the said period it shall be lawful
for the Governor in Council to proceed to consider and decide
whether the order should not be made. Any such order of
cancellation shall be served on the licensee in the manner
referred to in this sub-section and shall thereupon be deemed to
have been brought to the notice of the licensee and to be
effective for all purposes. Upon service of the order of can-
cellation the licence shall forthwith be returned by the licensee
to the Commissioner of Police. No person shall without lawful
authority or excuse have in his possession any printing press
licence which has been cancelled.

(4) The notice referred to in sub-section (3) may be served
by delivering it personally to the licensee if the licensee is an
individual, or by delivering it personally to some officer of the

As ainended by Law Rev. Ord., 1939, Supp. Sched.





corporation if the licensee is a corporation, or by leaving the
notice with some adult person at the licensed premises, or by
posting up the notice outside the licensed premises if service
cannot be effected in any other way.

(5) No person shall use or have in his possession any
printing press except under and in accordance with a licence
issued under this section.

(6) It shall be lawful for any police officer or revenue
officer to seize, remove and detain any printing press kept, used,
or in the possession of any person, in contravention of the
provisions of this section.

(7) It shall be lawful for a magistrate, upon such notice
(if any) as lie illay think fit, to order to be forfeited any
printing press so seized and any type and other things
apparently intended to be tised in connexion with such printing
press.

(8) Every, printing, press and thing so forfeited shall be
disposed of in such manner as the Commissioner of Police may
direct.
(9) In any proceeding under this section against the
occupier of any premises for possession on such premises of a
printing press in contravention of the provisions of this section
it shall until the contrary is proved, and without prejudice to the
liability of any other person, be presumed that such occupier was
in possession of such printing press.

(10) Any licence under this section mav be in Form No. 2
or No. 3 in the Schedule with such variations as to the
Commissioner of Police may seem fit.

7.-(1) Subject to the provisions of sub-section (5), every
printed document shall have printed thereon in legible type, in
English or Chinese, the name and full address of the printer
of the document, preceded by the words ' Printed by ' or
Printer ' in English or Chinese.

(2) If the document consists of a number of leaves bound
or Fastened together or forming one sheet the printer's name
and address shall appear on the front of the first leaf or on the
back of the last leaf or at the bottom of the last printed page.

As amended hy Law Rev. Ord., 1939. Supp. Sched.





(3) If the document is a book or pamphlet the printer's
name and address shall appear at the bottom of the last printed
page.

(4) In the case of a newspaper the printer's name and
address shall appear either on the front page or on the back
page, and it shall be sufficient if the printer's name and address
appear in one place in the newspaper although the sheets may
not be fastened together.

(5) This section shall not apply-

(a) to any document solely intended and solely used for a
bond fide and ordinary commercial or professional or social
purpose, provided that such document as printed contains no
seditious or political matter whatsoever. For the purposes of
this sub-section a document used for the purposes of a society,
club or other organization shall not be deemed to be used for a
social purpose;

(b) to any document printed outside the Colony.

(6) No person shall print or publish or in any way
whatsoever assist in the distribution of any printed document
which does not comply with the requirements of this Ordinance.

(7) No person shall without lawful authority or excuse
have in his possession any printed document which does not
comply with the requirements of this Ordinance.

(8) In any proceedings under this Ordinance relating to any
printed document which does not comply with the requirements
of this Ordinance, a person shall be deemed to have been in
possession of the document if he is proved to have had in
his possession, order, disposition or control-

(a) anything whatsoever containing the same;

(b) the key of any box or other receptacle containing the
same;

(c) any document of title relating to anything whatsoever
containing the same ;

(d) any document whatsoever which may be evidence of
the right of any person to the possession of anything whatsoever
containing the same.





(9) In any proceedings whatsoever it shall until the
contrary is proved be presumed that the person whose name
appears on any document as the printer of such document was
in fact the printer.

8.-(1) Every person who prints any book, newspaper or
other printed document shall keep one copy of such book,
newspaper or document for a period of six months after the
printing thereof.

(2) Such copy shall have written or printed thereon the
name and full address of the person by whom the printer was
employed to print the same.

(3) If the name of such person is Chinese the name shall
be written or printed in Chinese characters.

(4) The printer shall produce such copy to any police
officer on demand.

(5) The onus of proving the date of printing shall be on
the printer.

9.-(1) It shall be lawful for any justice of the peace to
grant a warrant to any police officer to enter any place or board
any vessel in or on board which any contravention of this
Ordinance may appear to have been committed, and to search
such place or vessel.

(2) Every such warrant shall have the effect of empowering
all police officers to enter such place or board such vessel and
to search the same and to seize anything with respect to which
any contravention of this Ordinance may appear to have been
committed or which may appear to be or to contain evidence of
any such contravention.

(3) It shall be lawful for a magistrate, upon such notice,
if any, as he may think fit, to order to be forfeited anything
with respect to which any contravention of this Ordinance has
been committed.

(4) Anything so forfeited shall be disposed of in such
manner as the Commissioner of Police may direct.

As amended by Law Rev. Ord., 1939, Supp. Sched,





10. Without prejudice to the liability of any other person, the
proprietor, printer, publisher and editor of any newspaper shall be
liable criminally for any illegal matter contained in any issue of the
newspaper, and the printer of any other printed document shall be
liable criminally for any illegal matter contained in such document :
Provided that a defendant shall not be liable under this section if he
proves beyend reasonable doubt that the matter in question was
printed without his authority, consent or knowledge and that the
printing thereof did not arise from want of due care or caution on his
part.

11. Without prejudice to any other method of service, an process
whatsoever, civil or criminal, addressed to the proprietor, printer,
publisher or editor of any newspaper shall for all purposes be deemed
to be duly served if left with some adult at or sent by post to the
registered address of the office of the newspaper.

12. The printer or publisher of every newspaper printed in the
Colony shall, upon every day on which such newspaper is published
or on the day next following which shall not be a holiday, deliver or
cause to be delivered at the office of the registrar one copy of every
such newspaper and of every second or other varied edition or
impression thereof so printed or published, with the name and address
of the printer or publisher thereof signed and written thereon after
the same is printed, by his proper hand and in his accustomed manner
of signing, or by some person appointed and authorized by him for that
purpose and of whose appointment and authority due notice in writing
signed by such printer or publisher has been given to the registrar; and
such printer or publisher shall be entitled to demand and receive once
in every month from the registrar the ordinary price of the
newspapers so delivered ; and in case any person requires any such
newspaper so signed and delivered to be produced in evidence in any
proceeding, civil or criminal, the registrar shall cause such newspaper
to be produced in court when required at the expense of the party
applying for it, or shall deliver the same to such party, taking
reasonable security for his returning it, and all copies so delivered as
aforesaid shall be evidence against every proprietor, printer, publisher
and editor of every

As amended by Law Rev. Ord., 1939, Supp. Sched.





such newspaper in all proceedings, civil or criminal, to be com-
menced or carried on as well touching such newspapers as any
matter or thing therein contained, and touching any other
newspaper, and any matter or thing therein contained, which
may be of the sairic title, purport or effect with such copy so
delivered as aforesaid, although such copy may vary in some
instances or particulars as to title, purport or effect; and every
proprietor, printer, publisher or editor of any copy so delivered
as aforesaid shall to all intents and purposes be deemed to be
the proprietor, printer, publisher or editor respectively of all
newspapers which are of the same title, purport or effect with
such copies or impressions so delivered as aforesaid, notwith-
standing such variance as aforesaid, unless such proprietor,
printer, publisher or editor respectively proves that such
newspapers were not printed or published or edited by him or
by or with his knowledge or privity. The registrar shall not
be required to keep any copy for a longer period than six
months.

13. Subject to the provisions of section io, every person
who contravenes any of the provisions of this Ordinance shall
upon summary conviction be liable to a fine not exceeding one
ihousand dollars and to imprisonment for any term not
exceeding six months.

SCHEDULE.

FORM No. 1. [s. 4.]

NEWAPAPER REGISTER.

Printers and Publisliers Ordinance, 1927.

Name of newspaper ...................................................................
Address of office of newspaper ...................................................
Proprietor ..............................................................................
Printer ...................................................................................
Publisher (if different from printer) ... .........................................
Editor ...................................................................................
Date .....................................................................................

As amended by Law Rev. Ord., 1939, Supp. Sched.





I certify that the above particulars are correct and that I am
............................................................................

Signature of informant ...................................

Signature of Registrar ..................................

Substituted particulars.

FORM No. 2. [s.. 6.]

PRINTING PRESS LICENCE,
Printers and Publishers Ordinance, 1927.

Name of.......licensee
Licensed premises, i.e. the place at which the printing press or

printing presses is or are licensed to be kept ............................
Description of.printing press or printing presses .............................

Date 19

............................... .
Commissioner of Police.

Form No. 3. [s. 6.]
PRINTING PRESS LICENCE.
CLASS I.
Printers and Publishers Ordinance, 1927.
Name of licensee
Licensed premises .......................................................................

I license the above-named ...................................................
to keep at the above-mentioned premises printing presses with a
view to sale or hire.

Dated the day of

..........................................
Commissioner,, of Police,

As amended by G.N. No. 552 of 1935 [19.7.35]
[Originally No. 25 of 1927. No. 1 of 1930. No. 3 of 1933. No. 28 of 1934. No. 12 of 1937. No. 25 of 1937. Law Rev. Ord., 1939.] Short title. Interpretation. Regulations. Schedule. Registration of newspapers. Schedule Form No. 1. [s. 4 contd.] Security. [s. 5 contd.] Licensing of printing presses. Schedule. Forms Nos. 2, 3. Printed document to bear printer's name and address. [s. 7 contd.] Printer to keep a copy of every document printed by him. Search, seizure and forfeiture. Criminal liability of principal. Service of process. Copies of newspapers to be delivered to the registrar. Penalties. [Sched. contd.]

[Originally No. 25 of 1927. No. 1 of 1930. No. 3 of 1933. No. 28 of 1934. No. 12 of 1937. No. 25 of 1937. Law Rev. Ord., 1939.] Short title. Interpretation. Regulations. Schedule. Registration of newspapers. Schedule Form No. 1. [s. 4 contd.] Security. [s. 5 contd.] Licensing of printing presses. Schedule. Forms Nos. 2, 3. Printed document to bear printer's name and address. [s. 7 contd.] Printer to keep a copy of every document printed by him. Search, seizure and forfeiture. Criminal liability of principal. Service of process. Copies of newspapers to be delivered to the registrar. Penalties. [Sched. contd.]

https://oelawhk.lib.hku.hk/items/show/1603

HONG KONG POLICE RESERVE ORDINANCE, 1927

No. 24 of 1927.

An Ordinance to provide for the formation, establishment and
regulation of the Hong Kong Police Reserve.

[16th December, 1927.]

1. This Ordinance may be cited as the Hong Kong Police
Reserve Ordinance, 1927.

2. In this Ordinance-

(a) ' Commissioner' means the Commissioner of the
Hong Kong Police Reserve, who shall be the person holding
the office of Commissioner of the Hong Kong Police Force;

(b) ' Reserve equipment ' includes all uniform, clothing,
arms, accoutrements, ammunition, batons and other effects of

* As amended by Law Rev. Ord., 1939, Supp. Sched.





every kind supplied by the Government and issued to a member
of the Hong Kong Police Reserve;

(c) ' Reserve ' means the Hong Kong Police Reserve
Force;

(d) ' Subordinate officer ' means every member of the
Hong Kong Police Reserve above the rank of constable except
the Commissioner, the Deputy Commissioners, the Superin-
tendents and the Assistant Superintendents.

3. It shall be lawful for the Governor in Council to make
regulations in respect of-

(a) the conditions of admission to the Reserve;

(b) uniform;

(c) equipment;

(d) weapons to be carried;

(e) drills and musketry training;

(f) duties and responsibilities of the Reserve when not
called up for active service;

(g) numbers and strength of the Reserst;

(h) appointment, duties and pay of medical officers in
connexion with the health of the Reserve;

(i) pay;
(j) conditions of resignation from the Reserve;

(k) gratuities and pensions to members of the Reserve for
wounds or injuries received whilst on duty;

(l) gratuities and pensions to widows and dependants of
members of the Reserve who are killed on duty or whose death
is directly traceable to wounds or injuries received or exposure
or illness contracted Whilst on duty

(m) the general government and discipline of the Reserve;

(n) such other things as may be necessary for the carrying
into effect of the provisions of this Ordinance.

As amended by Law Rev. Ord., 1939, Supp, Sched.





4. The Reserve shall consist of a Commissioner, and such
Deputy Commissioners, Superintendents, Assistant Superintend-
ents, subordinate officers and constables as the Governor in
Council may from time to time direct.

5. The Commissioner, subject to the control of the Governor
and the provisions of this Ordinance, shall be charged with the
direction and administration of the Reserve.

6. The Commissioner may enrol in the Reserve such per-
sons as ofter their services in accordance with the regulations
for the time being in force provided that he considers the persons
suitable for the duties to be performed under this Ordinance,
and every person upon being enrolled shall becorne a member
of the Reserve and subject to. the provisions of this Ordinance.

7.-(1) The Deputy Commissioners, the Superintendents
and Assistant Superintendents may be appointed and promoted
by the Commissioner with the approval of the Governor and may
be dismissed by the Governor.

(2) A subordinate officer may, be appointed, promoted,
reduced or dismissed by the Commissioner.

(3) A constable may be promoted or dismissed by the
Commissioner.

8. Every member of the Reserve, shall be supplied with such
equipment as may be prescribed by regulations.

9.-(1) All Reserve equipment shall be and remain the
property of the Government.

(2) All Reserve equipment shall when required by the
Commissioner be produced or delivered up as directed by the
Commissioner.

(3) On the death of any member of the Reserve, the person
or persons into whose hands the Reserve equipment of the
deceased member may come shall forthwith return the same to
the Commissioner.

10.-(1) If any member of the Reserve wilfully makes away
with, sells or pawns, or wilfully or negligently damages, destroys

As amended by Law Rev. Ord., 1939, Supp. Sched.





or negligently loses or unlawfully refuses or neglects to produce,
deliver or deliver up, any Reserve equipment, the value thereof
shall be recoverable from him summarily before a magistrate by
the Commissioner, and such member shall also upon summary
conviction be liable to a fine not exceeding two hundred and
fifty dollars and to imprisonment for any term not exceeding
six months.

(2) If any, person knowingly buys or takes in exchange or
in pawn from any member of the Reserve or any person acting
on his behalf, or solicits or entices any member of the Reserve
to sell or pawn, or has in his possession without lawful authority
or excuse, any Reserve equipment, such person shall upon
summary conviction be liable to a fine not exceeding two hundred
and fifty dollars and imprisonment for any term not exceeding
six months.

11-(1) In case of actual or apprehended tumult or not
or attack on the Colony, the Governor by proclamation may call
out the Reserve or any portion or members thereof for active
service.
(2) Every member of the Reserve if so called out shall be
bound to assemble at such place and perform such duties as the
Commissioner shall direct.
(3) The period of such service shall continue so long as the
Governor considers necessary and shall end only by proclamation
of the Governor.
(4) Nothing in this Ordinance shall render any member of
the Reserve liable to serve or proceed on duty without his consent
beyond the limits of the Colony.

12. Every member of the Reserve when called out on active
service shall be entitled to such pay and allowances, if any, as
may be laid down by regulations.

13. All members of the Reserve who have received wounds
or injuries when called out on active service, and the widows and
the families or dependants of all such members of the Reserve
who have been killed or have died of wounds received during
such active service or have died from illness directly traceable
to fatigue or exposure incident to such active service, shall be

* As amended by Law Rev. Ord., 1939, Supp. Sched.





eligible for such pensions or gratuities as the Governor in
Council shall fix: Provided that no pension shall exceed the
sum of one thousand dollars per annum and no gratuity shall
exceed the sum of five thousand dollars.

14. Every member of the Reserve when called out for active
service shall have the same powers for the preservation of the
peace, the prevention of offences, the apprehension of offenders
and for all other purposes, and shall enjoy the same privileges,
protection and immunities, as a European member of corres-
ponding rank in the regular police force: Provided that nothing
in this section shall be construed as conferring any right to any
pay, pension or reward, or any exemption from liability to jury
service.

15. It shall be lawful for the Commissioner-
(1) to make departmental orders as he may think fit for the
carrying out of the daily routine of the Reserve and for regulating
the internal economy thereof;

(2) to appoint fit persons to be instructors of the Reserve
in such subjects as he may consider necessary for the efficient
performance by the Reserve of its duties ;

(3) to issue such orders as he may deem necessary to make
the Reserve an efficient force and to maintain it as such and to
see that such orders are duly obeyed;
(4) when the Reserve is not called out for active service, to
employ without pay any members of the Reserve who volunteer
for such duty to assist the regular police in the execution of their
duty. Every member of the Reserve when so employed shall
enjoy the same rights and privileges, protection and immunities,
as a European member of corresponding rank in the reglular
police force, except as to pay, pension or other reward;

(5) to take full charge of the Reserve when it is called out
for active service and to issue all necessary orders for the duties
which it has been called upon to perform and to take such steps
as may be necessary to see that such orders are duly executed.

16. It shall be the duty of every member of the Reserve-

(1) to obey all lawful commands of his superior officer;

As amended by Law Rev. Ord., 1939, Supp. Sched.





(2) to attend such drills and parades and to undergo such
training as may be specified in the orders issued by the Com-
missioner;

(3) to make himself efficient as a member of the Reserve;

(4) to make himself conversant with the departmental orders
and to carry out his duties under the same and on the calling
out of the Reserve to carry put such duties as may be assigned
to him;

(5) to keep his equipment in good and serviceable order;
and

(6) upon ceasing to be a member of the Reserve to return
forthwith his equipment in good order (fair wear and tear
excepted) to the Commissioner.

17. Every member of the Reserve who, when not called
out for active service, wilfully neglects or fails to carry out his
duty shall be liable to be reprimanded and summarily dismissed
from the Reserve.

18.-(1) Every member of the Reserve called out for active
service who without reasonable excuse refuses or neglects to serve
shall be liable on summary conviction to a fine not exceeding five
hundred dollars and to imprisonment for a term not exceeding
twelve months.

(2) When called out for active service every constable and
subordinate officer not above the rank of sub-inspector who is
guilty of any of the offences set out in sub-section (3) shall be
liable to any or all of the following penalties-

(a) reduction in rank or class;
(b) a fine not exceeding twenty-five dollars;

(c) drills not exceeding ten in number;

(d) loss of pay during any period of absence from duty

(e) caution, warning, reprimand or severe reprimand.
These penalties may be imposed by the Commissioner or the
Deputy Commissioner: Provided that the penalty of reduction
in rank or class shall only be imposed by the Commissioner.

As amended by Law Rev. Ord., 1939, Supp. Sched.





(3) The offences to which the preceding sub-section refers are as
follows

(a) drunkenness on duty or in uniform;

(b) drinking on duty;

(c) smoking on duty;

(d) insubordinatio n or disrespect to,a superior officer

(e) improperly disclosing idormation concerning police affairs ;

(f) soliciting or accepting anygratuity;

(g) unpunctuality;

(h) slovenly conduct or appearance in uniform;

(i) infringement of any regulation or departmental order made under
this Ordinance;

(j) exceeding duty, unnecessary interference or violence;
(k) bringing discredit on the force,

(l) wilfully carrying out duties in a negligent or inefficient manner;

(m) refusal to obey lawful commands or carry out duties assigned to
him.

19. Every member of the Reserve who, within twelve months from the
date of his enrolment therein, ceases to be a member of the Reserve either by
resignation or dismissal shall pay to the Commissioner the cost of his
uniform. The cost of the uniform may be recovered in a summary way before
a magistrate.

20. Whenever any member of the Reserve is by a medical board
appointed by the Governor certified to be unfit for further service because of
ill health, the Commissioner shall inform such niernber that he has been
invalided out of the Reserve and lie shall thereupon cease to be a member of
the Reserve.

21. It Shall be lawful for the Governor upon report made by the
Commissioner to grant rewards to any menber of the Reserve who may
distinguish himself by extraordinary diligence, zeal or exertion in the
execution of his duties.

22. A person may cease to be a member of the Reserve by

(i) being invalided out of the Reserve;

As amended by Law Rev. Ord., 1939, Supp. Sched.





(2) resignation in accordance with the regulations;
(3) dismissal by the Governor or Commissioner under the
provisions of this Ordinance or the regulations made tbereunder.

23. Any of the powers conferred on the Commissioner by
this Ordinance may be exercised by any deputy commissioner,
superintendent or assistant superintendent deputed for that
purpose by the Commissioner.

24. Every person who, not being a member of the Reserve,
puts on the dress or takes the name designation, or character
of a member of the Reserve for the purpose of thereby obtaining
admission into any house or other place, or of doing or procur-
ing to be done any act which a member of the Reserve would
be entitled to do or procure to be done of his own authority, or
for any other unlawful purpose, shall, in addition to any other
punishment to which he may be liable for such offence, upon
summary conviction be liable to a fine not exceeding two hundred
and fifty dollars and to imprisonment for any term not exceeding
six months.

25.-(1) No person shall without lawful authority or excuse
have in his possession-
(a) any badge, identification document, equipment, clothing
or other thing issued to any member of the Reserve; or
(b) any badge, identification document, equipment, clothing
or other thing usually issued to members of the Reserve; or
(c) any badge, document, equipment or clothing which so
closely resembles any badge, identification document, equipment
or clothing usually issued to members bf the Reserve as to lead
to the belief that it is such badge, identification document,
equipment br clothing.

(2) No person shall without lawful authority or excuse
make, copy or sell any badge or document which so closely
resembles any badge or identification document tistially issued
to a member of the Reserve as to lead to the belief that it is such
badge or identification document.
(3) Every person who contravenes any of the provisions of
this section shall upon summary conviction be liable to a fine
not exceeding two hundred and fifty dollars and to imprisonment
for any term not exceeding six months.

* As amended. by Law Rev. Ord., 1939, Supp. Sched.
[Originally No. 24 of 1927. No. 18 of 1929. No. 25 of 1937. Law Rev. Ord., 1939.] Short title. Interpretation. Regulations. Constitution. Administration. Enrolment. Appointment, promotion and dismissal of officers and other members. Reserve to be supplied with equipment. Reserve equipment to remain the property of the Government. Reserve equipment not to be wrongfully disposed of. Calling out for active service. Pay when called out. Pensions to members disabled and widows and families of those killed on active service. Powers of members of the Reserve, Powers of the Commissioner. Duties of Members of the Reserve. Penalty when not called out. Penalties when called out. Members leaving the Reserve within twelve months to pay the cost of their uniform. Invaliding members out of Reserve. Power to grant rewards, for extra-ordinary services, etc. Cessaton of membership of the Reserve. Delegation of powers by Commissioner. Impersonation of or imporper assumption of character of member of the Reserve. Unauthorized possession, manufacture or sale of ladges and equipment.

[Originally No. 24 of 1927. No. 18 of 1929. No. 25 of 1937. Law Rev. Ord., 1939.] Short title. Interpretation. Regulations. Constitution. Administration. Enrolment. Appointment, promotion and dismissal of officers and other members. Reserve to be supplied with equipment. Reserve equipment to remain the property of the Government. Reserve equipment not to be wrongfully disposed of. Calling out for active service. Pay when called out. Pensions to members disabled and widows and families of those killed on active service. Powers of members of the Reserve, Powers of the Commissioner. Duties of Members of the Reserve. Penalty when not called out. Penalties when called out. Members leaving the Reserve within twelve months to pay the cost of their uniform. Invaliding members out of Reserve. Power to grant rewards, for extra-ordinary services, etc. Cessaton of membership of the Reserve. Delegation of powers by Commissioner. Impersonation of or imporper assumption of character of member of the Reserve. Unauthorized possession, manufacture or sale of ladges and equipment.

https://oelawhk.lib.hku.hk/items/show/1602

BOY SCOUTS ASSOCIATION ORDINANCE, 1927

No. 22 of 1927.

An Ordinance to further wid protect the activities of the Boy
Scouts Association, and to incorporate the Hong Kong
Branch thereof.
[2nd December, 1927.]

1. This Ordinance may be cited as the Boy Scouts
Association Ordinance, 1927.

2. In this Ordinance-

(a) ' The Boy Scouts Association ' means the Boy Scouts
Association incorporated by Royal Charter dated the 4th day, of
January, 1912;

(b) ' Boy Scout ' includes Wolf Cub, Boy Scout, Sea
Scotit, Rover Scout, Lone Scout and Rover Sea Scotit, recognized
as such under the rules of the Boy Scouts Association, and also
all persons recognized as officers under the rules of the Boy
Scows Association.

3. No person other than the Boy Scouts Association, Hong
Kong Branch, shall distribute or sell or expose for sale-

(a) any badge, token or emblem specifically adopted by the
Boy Scouts Association for use byr boy scouts, or

(b) any hadge, token or emblem containing the word
Scout - or the characters

4. No person shall, except with the authority of the Boy
Scouts Association or of the Boy Scotits Association, Hong-
Kong Branch, or with other lawful authority or excuse,
have in his possession-.

(a) any badge, token or emblem specillcally adopted by the
Boy, Scouts Association for use by boy scouts, or

(b) any badge, token or emblem containing the word
Scout ' or the characters

5. No person shall without lawful authority or excuse have
in his possession-





(a) any device which so closely resembles any badge, token
or emblem specifically adopted by the Boy Scouts Association
for use by boy scouts as to lead to the belief that the device in
question is such badge, token or emblem, or

(b) any badge, token or emblem containing any words
or characters so closely resembling any words or characters
ordinarily used to describe any boy scout as to he calculated
to deceive or mislead.

6. No boy scout shall, by virtue of his wearing carrying
or bearing any badge, token or emblem of the Boy Scouts
Association or offierwise, attempt to enforce or exercise authority
otherwise than in accordance with the rules of the Boy Scouts
Association.

7.-(1) No person shall form or work in connexion with
or be a member of any organization which without authority
from the Boy Scouts Association claims or purports to be
'Boy Scouts', or any organization, other than the Boy Scouts
Association, Hong Kong Branch, which uses the title of ' Boy
Scouts ' or the equivalent Chinese title therefor, that is to say
the Chinese characters' or any title in any language,
with or without additional words or characters, which so closely
resembles either of the two said titles as to be calculated to
deceive or mislead, or any organization which, by the useof
any such title or otherwise, without due authority purports or
claims to be connected with the Boy Scouts Association or with.
the Boy Scouts Association; Hong Kong Branch.

(2) No person shall, without the consent of the Governor
in Council, form or work in connexion with or be a member of
any organization other than the Boy Scouts Association, Hong
Kong Branch, which carries on or is intended to carry on any
work of a similar nature to that carried on by the Boy Scouts
Association, Hong Kong Branch.

8. Every person who contravenes any of the provisions of
this Ordinance shall upon summary conviction be liable to a fine
not exceeding two hundred and fifty dollars.

9.-(1) The President for the time being and the Commis-
sioner for the time being and the Honorary Treasurer for the

As amended by Law Rev. Ord., 1939, Supp. Sched.





time being of the Boy Scouts Association, Hong Kong Branch,
shall be a body corporate, hereinafter called the corporation, and
shall have the name of the ' Boy Scouts Association, Hong
Kong Branch ' and in that name shall have perpetual succession
and shall and may sue and be sued in all courts in the Colony
and shall and may have and use a common seal.

(2) Whenever any person is appointed to the office of
President, Commissioner or Honorary Treasurer of the Boy
Scouts Association, Hong Kong Branch, such person shall,
within six weeks after his appointment or within such further
time as may be allowed by the Governor, furnish to the Governor
satisfactory evidence of his appointment.

(3) A notification in the Gazette under the hand of the
Colonial Secretary that such evidence has been furnished to the
Governor by such person shall be conclusive evidence of such
appointment.

10.-(1) Subject to the provisions of sub-section (2) the
corporation shall have power to acquire, accept leases of, pur-
chase, take, hold and enjoy any lands, buildings, messuages
or tenements of what nature or kind soever and wheresoever
situated, and also to invest moneys upon mortgage of any lands,
buildings, messuages or tenements or upon the mortgages,
debentures, stocks, funds, shares or securities of any govern-
ment, municipality, corporation or company, and also to
purchase, acquire and possess vessels, goods and chattels of
what nature and kind soever.

(2) Notwithstanding the provisions of sub-section (i) the
corporation shall not acquire any immovable property in the
Colony unless it has previously obtained the special consent of
the Governor in Council in each case.

(3) The corporation shall further have power by deed under
its seal to grant, sell, convey, assign, surrender, exchange,
partition, yield up, mortgage, demise, reassign, transfer or
otherwise dispose of any lands, buildings, messuages, tenements,
mortgages, debentures, stocks, funds, shares or securities,
vessels, goods or chattels, which are for the tirne being vested
in or belonging to the corporation, upon such terms as to the
corporation may seem fit.

As amended by Law Rev. Ord., 1939, Supp. Sched.

11. All deeds and other instruments requiring the seal of
the corporation shall be sealed in the presence of and shall
be signed by the President for the time being and the Com-
missioner for the time being, and all instruments requiring the
signature of the corporation shall be signed by such President
and Commissioner.

12. All matters of internal management shall be settled and
carried out in accordance with the constitution, by-laws and rules
of the Boy Scouts Association, and with any by-laws or rules
made by the Hong Kong Branch thereof.

13. Nothing in this Ordinance shall affect or be deemed
to affect the rights of His Majesty the King, His Heirs or
Successors, or the rights of any body politic or corporate or of
any other person except such as are mentioned in this Ordinance
and those claiming by, from or under them.
[Originally No. 22 of 1927. Law Rev. Ord., 1939.] Short title. Interpretation. Distribution of badges. Unauthorized possession of badges. Possession of unauthorized badges. Wrongful exercise of authority. Unauthorized bodies. Penalty. Incorporation. Powers of corporation. Execution of documents. Internal management. Saving of rights of the Crown and of certain other rights.

[Originally No. 22 of 1927. Law Rev. Ord., 1939.] Short title. Interpretation. Distribution of badges. Unauthorized possession of badges. Possession of unauthorized badges. Wrongful exercise of authority. Unauthorized bodies. Penalty. Incorporation. Powers of corporation. Execution of documents. Internal management. Saving of rights of the Crown and of certain other rights.

https://oelawhk.lib.hku.hk/items/show/1601

DOGS ORDINANCE, 1927

No. 21 of 1927.

An Ordinance to make provision for regulating the keeping of
dogs and for the prevention of the importation and spread
of rabies.
[25th November, 1927.]

1. This Ordinance may be cited as the Dogs Ordinance,
1927.

2. In this Ordinance ' dog ' includes the male and female
animal, of any age.

3. It shall be lawful for the Governor in Council to make
regulations-

(a) for regulating the licensing, control and importation of
dogs, including the prescribing of fees;

(b) for authorizing the seizing, detaining, destroying or
otherwise dealing with or disposing of dogs;

(c) for requiring notification of cases of rabies, suspected
rabies, rabies contacts or suspected rabies contacts;

(d) for regulating dogs homes.

4-(i) If it appears to a magistrate on complaint that any
dog is dangerous and is not kept under proper control the magis-
trate may make an order that the said dog be either destroyed or
kept under proper control.

(2) Such order may be made either against the owner or
against any person appearing to have the custody, control or
care of the dog.

(3) If the person against whom the order is made fails to
comply therewith he shall be liable to a fine not exceeding ten
dollars for every day on which he fails to comply therewith.

5. Every person who contravenes any provision of any
regulation made under this Ordinance shall upon summary con-
viction be liable to a fine not exceeding two hundred and fifty
dollars.

As amended by Law Rev. Ord., 1939, Supp. Sched.
[Originally No. 21 of 1927. Law Rev. Ord., 1939.] Short title. Interpretation. Regultions. Dangerous dogs. 34 & 35 Vict. C. 56, s. 2. Penalty.

[Originally No. 21 of 1927. Law Rev. Ord., 1939.] Short title. Interpretation. Regultions. Dangerous dogs. 34 & 35 Vict. C. 56, s. 2. Penalty.

https://oelawhk.lib.hku.hk/items/show/1600

JESUIT ORDER (ENGLISH ASSISTANCY) INCORPORATION ORDINANCE, 1927

No. 18 of 1927.

An Ordinance to Provide for the incorporation of the Procurator in
Hong Kong of the English Assistancy of the Jesuit Order.

[4th November, 1927.]

1. This Ordinance may be cited as the Jesuit Order (English
Assistancy) Incorporation Ordinance, 1927.

2. The Procurator for the time being in the Colony of the English
Assistancy of the Jesuit Order shall be a corporation sole (hereinafter called
the corporation) and shall have the name of 'The Procurator In Hong Kong
of the English Assistancy of the Jesuit Order ' and in that name shall have
perpetual succession and shall and may sue and be sued in all courts in the
Colony and shall and may have and use a common seal.

3.-(1) Subject to the provisions of sub-section (2) the corporation shall
have power to acquire, accept leases of, purchase, take, hold and enjoy any
lands, buildings, messuages or tenements of what nature or kind soever and
wheresoever situated, and also to invest moneys upon mortgage of any
lands, buildings, messuages Or tenements or upon the mortgages,
debentures, stocks, funds, shares or securities of any government,
municipality, corporation, company or person and also to purchase, acquire
and possess vessels and other goods and chattels of what nature and kind
soever.

(2) Notwithstanding the provisions of sub-section (1) the corporation
shall not acquire any immovable property in the Colony unless it has
previously obtained the special consent of the Governor in Council in each
case.

(3) The corporation shall further have power by deed under
its seal to grant, sell, convey, assign, surrender, exchange,
partition, yield up, mortgage, demise, reassign, transfer or
otherwise dispose of any lands, buildings, messuages, tenements,
mortgages, debentures, stocks, funds, shares or securities, ' or
vessels or other goods and chattels, which are for the time being
vested in or belonging to the corporation, upon such terms as
to the corporation may seem fit.

As amended by No. 28 of 1929 [6.12.29]. As
amended by Law Rev. Ord., 1939, Supp. Sched.





4. The legal estate in any property whatsoever, transferred
to the corporation in any manner whatsoever, shall, in the event
of the death of the Procurator for the time being in Hong Kong
of the English Assistancy of the Jesuit Order or in the event of
his ceasing to hold office as such Procurator, pass to his successor
in such Office when appointed.

5.-(1) Whenever any person is appointed to the office of
Procurator in Hong Kong of the English Assistancy of the
Jesuit Order such person shall, within three weeks after his
appointment or within such further time as may be allowed by
the Governor, furnish to the Governor satisfactory evidence of
his appointment.

(2) A notification in the Gazette tinder the hand of the
Colonial Secretary that such evidence has been furnished to the
Governor by such person shall be conclusive evidence of such
appointment.

6. All deeds and other instruments requiring the seal of the
corporation shall be sealed in the presence of the said Procurator
or his attorney and shall be signed by him or his attorney and
such signing shall be taken as sufficient evidence of the due
sealing of such deeds and other instruments and all deeds,
instruments and other documents and writings requiring the
signature of the corporation shall be signed by such Procurator
or his attorney.

7. Nothing in this Ordinance shall affect or be deemed to
affect the rights of His Majesty the King, His Heirs or
Successors, or the rights of any body politic or corporate or of
any other person except such as are mentioned in this Ordinance
and those claiming by, front or under them.

No. 19 of 1927, incorporated in No. 7 Of 1913.

No. 20 of 1927, repealed. by No. 41 Of 1935.

As amended by Law Rev. Ord., 1939, Supp. Sched.
[Originally No. 18 of 1927. No. 28 of 1929. Law Rev. Ord., 1939.] Short title. Incorporation. Powers of corporation. Property transferred to corporation to pass to successors. Appointment of Procurator. Execution of documents. Saving of rights of the Crown and of certain other rights. [4.10.35.]

[Originally No. 18 of 1927. No. 28 of 1929. Law Rev. Ord., 1939.] Short title. Incorporation. Powers of corporation. Property transferred to corporation to pass to successors. Appointment of Procurator. Execution of documents. Saving of rights of the Crown and of certain other rights. [4.10.35.]

https://oelawhk.lib.hku.hk/items/show/1599

ILLEGAL STRIKES AND LOCK-OUTS ORDINANCE, 1927

No. 10 of 1927.

An Ordinance to declare and amend the law relating to
illegal strikes and lock-outs, to amend the law relating to
intimidation and to breaches of contracts of service in
certain special cases, to promote the independence of trade
unions established within the Colony and for Purposes
connected with the aforesaid purposes.

[8th July, 1927.]

1. This Ordinance may be cited as the Illegal Strikes and
Lock-Outs Ordinance, 1927.

2. In this Ordinance,

(a) ' Strike ' means the cessation of work by a body of
persons employed acting in combination, or a concerted refusal,
or a refusal under a common understanding, of any number of
persons who are or have been employed, to continue to work or
to accept employment;

(b) ' Trade union ' means any combination of persons
employed, whether a temporary or a permanent combination
and whether a branch association or not, which has among its
objects the regulation of the relations between employers and
employed.

It is hereby declared that any strike is illegal if it
has any object other than or in addition to the furtherance of a
trade dispute within the trade or industry in which the strikers
are engaged and is a strike designed or calculated to coerce the
Government either directly or by inflicting hardship upon the
community or any substantial portion of the corrifflunity; and
it is further declared that it is illegal to commence or to continue,
or to apply any sums in furtherance or support of, any such
illegal strike.

(2) It is hereby declared that any lock-out is illegal if it
has any object other than or in addition to the furtherance of a
trade dispute within the trade or industry in which the employers
locking-out are engaged and is a lock-out designed or calculated
to coerce the Government either directly or by inflicting hardship





upon the community; and it is further declared that it is illegal
to commence or to continue, or to apply any sums in furtherance
or support of, any, such illegal lock-out.

(3) For the purposes of this section a. trade dispute shall
not be deemed to be within a trade or industry unless it is a
dispute between employers and workmen, or between workmen
and workmen, in that trade or industry, which is connected
with the employment or non-employment or the terms of the
employment, or with the conditions of labour, of persons in
that trade or industry.

(4) Without prejudice to the generality of the expression
trade or industry ', workmen shall be deemed -to be within
the same trade or industry if their wages or conditions of
employment are determined in accordance with the conclusions
of the same joint industrial council, conciliation board or other
similar body or in accordance with agreements made with the
same employer or group of employers.

(5) No person shall declare, instigate, incite others to take
part in, or otherwise act in furtherance of, a strike or lock-out
declared by this Ordinance to be illegal: Provided that no
person shall be deemed to have commit ted an offence under this
section or at common law by reason only of his having ceased
work or refused to continue work or to accept employment.

4.(1) No person refusing to take part or to continue to-
take part in 'any strike which is by this Ordinance declared to
be illegal shall be, by reason of such refusal or by reason of
any action taken by him under this section, subject to expulsion
from any trade union or society, or to any fine or penalty, or to
deprivation of any right or benefit to which he would otherwise
be entitled, or liable to be placed in any respect either directly
or indirectly under any disability or at any disadvantage as
compared with other members of the trade union or society,
anything to the Contrary in the rules of the trade union. or
society notwithstanding.

(2) Nothing in the rules of a trade union or society
requiring the reference of disputes to arbitration shall apply to
any proceeding for enforcing any right or exemption secured
by this section, and in any such proceeding the court may, in
lieu of ordering a person who has been expelled from member-





ship of a trade union or society to be restored to membership,
order that he. be paid out of the funds of the trade union or
society such sum by way of compensation or damages as the
court thinks just.

5.-(1) No person shall, with a view to compel any other
person to abstain from doing or to do any act which such
other person has a legal right to, do or to abstain from doing,
wrongfully and without Aegal authority-

(a) use violence to or intimidate such other person or his
wife or children or injure his property; or

(b) persistently follow such other person about from place
to place; or

(c) hide any tools, clothes or other property owned or used
by such other person or deprive him of or hinder him in the
use thereof; or

(d) watch or beset the house or other place where such
other person resides or works or carries on business or happens
to be, or the approach to such house or place ; or

(e) follow such other person with two or rnore other persons
in a disorderly manner in or through any street or road.

(2) It is hereby declared that it is unlawful for one or more
.persons. (whether acting on their own behalf or on behalf of a
trade union or society or of an individual employer or firm and
notwithstanding that they may be acting in contemplation or
furtherance of a trade dispute) to attend at or near a house or
place where a person resides or works or carries on business or
happens to be, for the purpose of obtaining or communicating
information or of persuading or inducing any person to work
or to abstain from working, if they so attend in such numbers
or otherwise in such manner as to be calculated to intimidate
any person in that house or place or to obstruct the approach
thereto or egress therefrom or to lead to a breach of the peace
and attending at or near any house or place in such numbers
or in such manner as is by this sub-section declared to be
unlawful shall be deerned to be a watching or besetting of that
House or place within the meaning of sub-section (1).

As amended by Law Rev. Ord., 1939, Supp. Sched.





(3) In this section the expression ' to intimidate ' means
to cause in the mind of a person a reasonable apprehension of
injury to him or to any member of his family or to any of his
dependants or of violence or damage to any person or property,
and the expression ' injury ' includes injury other than physical
or material injury, and accordingly the expression ' apprehen-
sion of injury, ' includes an apprehension of boycott or loss of
any kind or of exposure to hatred, ridicule or contempt.

6.-(1) No person who is employed in the service of the
Crown under the Government of Hong Kong shall wilfully break
dn agreement for service under the Crown if he knows or has
reasonable cause to believe that the probable consequence of his
so doing, either alone or in combination with others, would,
failing the adoption of extraordinary measures, be to hinder or
prevent the discharge of the functions of the Government.

(2) For the purpose of sub-section (1) and without prejudice
to the interpretation of any express term of the agreement.
other than a term relating to notice, a person who is employed
in the service of the Crown shall be deemed to break his agree-
ment for service under the Crown if he absents himself frorn
duty without leave and without having given to the head of his
department one months notice in writing terminating with the
last day of a calendar month or if he wilfully refuses duty
or if he wilfully omits to perform his duty: Provided that the
provisions of this sub-section relating to notice,shall not apply
to any person who is engaged by the day or who is paid daily

(3) No person Who is employed by any company, firm or
person engaged in the business of supplying electric current
or gas to the public, or engaged in maintaining any public
trarnway, bus service dr public ferry, or engaged in maintaining
any telephone or sanitarv service, shall wilfully break a contract
of service with such company, firm or person as aforesaid, if
he knows or has reasonable cause to believe that the probable
consequence of his so doing, either alone or in combination with
others, would, failing the adoption of extraordinary measures,
be to deprive the inhabitants of the Colony or a substantial
number of them,, wholly or to a great extent, of their supply of
electric current or gas or of the ordinary facilities of transport
or of the ordinary telephone or sanitary services.

(4) No person shall wilfully break any contract of service





if he knows or has reasonable cause to believe that the probable
consequences of his so doing, either alone or in combination
with others, would, failing the adoption of extraordinary meas-
ures, be to endanger human life or to dause serious bodily
injury or to expose valuable property whether movable or
immovable to destruction or serious injury.

7.(1) Except with the consent of the Governor in Council,
no trade union which is established within the Colony shall be
affiliated or connected with any trade union or other organization
which is established outside the Colony in such a manner as
to place the trade union which is established within the Colony,
,or any of its members, in any way or in any matter under
the control of the trade union or other organization which is
established outside the Colony.

(2) Any consent of the Governor in Council under the
provisions of sub-section (1) may be made retrospective in effect
to such date as the Governor in Council thinks fit.

(3) Every trade union go affiliated or connected which has
not obtained the consent of the Governor in Council to be so
affiliated or connected, or from which any such consent has been
withdrawn, shall be deemed to be an unlawful society within
the meaning and for all the purposes of the Societies Ordinance,
1920.

(4) It shall be lawful for the Governor in Council in his
absolute discretion to declare any trade union which in his
opinion is so affiliated or connected, and which has not obtained
the consent of the Governor in Council to be so affiliated or
co finected, or from which any such consent has been withdrawn,
to be an unlawful society within the meaning and for all the
purposes of the Societies Ordinance, 1920.

(5) Without prejudice to any other method of proof, a trade
union shall for the purposes of sub-section (1) be deemed to be
established within the Colony

(a) if it maintains, either continuously or from time to
time, any office or any other premises within the Colony;


(b) if it maintains, either continuously or from time to
time, any officer within the Colony;

As amended by Law Rev. Ord., 1939, Supp. Sched.





(c) if a sign-board bearing its name is displayed at any
place in the Colony, whether public or private, unless it is proved
that such sign-board was so displayed without the knowledge of
any officer of such trade union ; or

(d) if any document is found in the Colony which purports
or appears to be a direction or notice on behalf of such trade
union to any person or persons with regard to any action by
such person or persons within the Colony, unless it is proved
that such direction or notice-

(i) was issued without the knowledge of any officer of. such
trade union, or

(ii) was not intended as a direction or notice with regard to
any action by, such person or persons within the Colony.

(6). Subject to the provisions of sub-section (8), no person
shall on behalf of or in the name of any trade union which is
established outside the Colony give or attempt to give, directly
or indirectly, any direction or notice to any person or persons
with regard to any acdon by such person or persons within the
Colony.

(7) Subject to the provisions of sub-section (8), no person
shall without lawful authority or excuse have in his possession
any document which purports or appears to be a direction or
notice on behalf of or in the name of any trade union which
is established outside the Colony with regard to any action by
any person or persons within the Colony.

(8) The provisions of sub-sections (6) and (7) shall not
apply to any direction or notice issued or given on behalf of or
in the name of any trade union which is established outside the
Colony to the members of any trade union which is established
within the Colony if the trade,union which is established within
the Colony is with the consent of the Governor in Council
affiliated or connected with the trade union which is established
outside the Colony.

(9) In any prosecution under this section. the onus of
proving that any organization in question was not a trade union,
or that any organization in question was not a trade union which
was established outside the Colony, shall lie on the Mendant.





8. It shall not be lawful to apply any of the funds of any
trade union to any political purpose outside the Colony and no
person shall require or invite any member of a trade union or
any otherperson to make any contribution to the funds of any
trade union for any political purpose outside the Colony.

9. Without prejudice to the right of any person having a
sufficient interest in the relief SOLIght to sue or apply for an
injunction to restrain any application of the funds of a trade
union in contravention of the provisions of this Ordinance, such
an injunctionpay be granted at the suit or upon the application
of the Attorney General.

10. Every person who contravenes any of the provisions of
this Ordinance shall upon summary conviction be liable to a
Fine not exceeding five hundred dollars and to imprisonment for
any term not exceeding six months.

11. No posecution for any offence under section 3, 6, 7
or 8 shall be commenced without the consent of the Attorney
General.

No. 11 of 1927, repealed by No. 22 of 1936.

No. 12 of 1927, reptaled by No. ii of 1937.

No. 13 of 1927, repealed by Law Revision
Ordinance, 1939, Supp. Sched.

No. 14 of 1927, repealed by No. 15 Of 1933.

No. 15 of 1927, incorporated in No. 1 of 1868.

No. 16 of 1927, repealed by No. 36 of 1931.

No. 17 of 1927, incorporated in No. 7 Of 1889.
[Originally No. 10 of 1927. Law Rev. Ord., 1939.] Short title. Interpretation. Illegal striles and lock-outs. Protection of persons refusing to take part in illegal strikes. Prevention of intimidation. 38 & 39 Vict. c. 8, s. 7. 17 & 18 Geo. 5, c. 22, s. 3. Breach of contract of service to be an offence in certain cases. 38 & 39 Vict. c. 86, ss. 4, 5. Hong Kong trade union not be under the control of any trade union or other organization outside the Colony. Ordinance No. 8 of 1920. [s. 7 contd.] Trade union funds not to be used for political purposes outside the Colony. Restraint of application of funds of trade unions, etc., in contravention of Ordinance. Penalties. Sanction of Attorney General. [15.5.36.] [30.7.37.] [23.6.33.] [1.1.32.]

[Originally No. 10 of 1927. Law Rev. Ord., 1939.] Short title. Interpretation. Illegal striles and lock-outs. Protection of persons refusing to take part in illegal strikes. Prevention of intimidation. 38 & 39 Vict. c. 8, s. 7. 17 & 18 Geo. 5, c. 22, s. 3. Breach of contract of service to be an offence in certain cases. 38 & 39 Vict. c. 86, ss. 4, 5. Hong Kong trade union not be under the control of any trade union or other organization outside the Colony. Ordinance No. 8 of 1920. [s. 7 contd.] Trade union funds not to be used for political purposes outside the Colony. Restraint of application of funds of trade unions, etc., in contravention of Ordinance. Penalties. Sanction of Attorney General. [15.5.36.] [30.7.37.] [23.6.33.] [1.1.32.]

https://oelawhk.lib.hku.hk/items/show/1598

PUBLIC REVENUE PROTECTION ORDINANCE, 1927

No. 9 of 1927.

An Ordinance to protect the revenue of the Colony.

[30th June,. 1927.]

1. This Ordinance may be cited as the Public Revenue
Protection Ordinance, 1927.





2. If the Governor approves of the introduction into the
Legislative Council of a bill or resolution whereby any duty,
tax, fee, rate or other item of revenue would be imposed or
altered if such bill or resolution were to become law, it shall be
lawful for the Governor to make an order giving the full force
and effect of law to all the provisions of such bill or resolution
so long as such order remains in force.

3. If any such order is made, references in the bill or
resolution in respect of which the order is made to the commence-
ment or coming into operation of such bill or resolution shall,
so long as such order remains in force, be construed as references
to the time of coming into force of such order.

4. The Governor may at any time by order authorize the
Superintendent , of Imports and Exports, during any period
named in the order not exceeding four months, to refuse to allow
the delivery of dutiable goods or commodities for local use from
ship side or Warehouse on payment of duty, in any cases where
deliveries are demanded of amounts exceeding the deliveries
which appear to the Superintendent to be reasonable deliveries
in the circumstances.

5.-(1) Every order made under this Ordinance shall conic
into force immediately upon the signing thereof by the Governor
unless some other time be specified in the order for the coming
into force thereof, in which case the order shall come into force
at the time so specified.

(2) Every such order shall expire and cease to he in force-

(a) upon the notification in the Gazette of the rejection by
the Legislative Council of the bill or resolution in respect of
which the order was made, or

(b) uoon the notification in the Gazette of the withdrawal
of the bill or resolution or order, or

(c) upon the bill or resolution, with or without modifica-
tion, becoming law in the ordinary manner, or

As amended hy No. 37 of 1931 [18.12.31.] and Law Rev. Ord., 1939,
Supp. Sched.





(d) upon the expiration of four months from the day on
which the order came into force,

whichever event first happens.

(3) Where it is provided in this section that an order made
under this Ordinance shall expire and cease to be in force upon
the notification in the Gazette of any act, such order shall expire
and cease to be in force on the day which purports to be the date
of the Gazette in which the notification appears, and immediately
before midnight on that day.

(4) If in any proceedings any question arises as to the
time when the Governor signed any particular order under this
Ordinance, the production of a certificate purporting to be under
the hand of the Colonial Secretary and stating the time of such
signature shall be prima facie evidence that such order was
signed at the time stated in such certificate.

6. So much of any duty, tax, fee, rate or other item of
revenue as may have been paid under any order made under
this Ordinance in excess of the respective duty, tax, fee, rate
or other item of revenue payable immediately after the expiration
of the order shall be repaid to the person who paid the same..

7. Where an order under this Ordinance has the effect of
lowering any duty, tax, fee, rate or other item of revenue and
where the order ceases to be in force and is not replaced, with
or without modification, by the bill or resolution in respect of
which it was made, the duty, tax, fee, rate or other item of
revenue which was. payable immediately before the coming into
force of the order shall thereupon again become payable in full.

As amended by Law Rev. Ord., 1939, Supp. Sched.
[Originally No. 9 of 1927. No. 37 of 1931. Law Rev. Ord., 1939.] Power to impose or alter duties, etc., in the manner set forth in a bill or resolution approved for introduction into the Legislative Council. Meaning of certain references. Restriction of delivery of dutiable goods. 5 & 6 Geo. 5, c. 89, s. 15. Coming into force and duration of order. Refund of excess duty, etc. Restoration of former rate of duty, etc., in certain cases.

[Originally No. 9 of 1927. No. 37 of 1931. Law Rev. Ord., 1939.] Power to impose or alter duties, etc., in the manner set forth in a bill or resolution approved for introduction into the Legislative Council. Meaning of certain references. Restriction of delivery of dutiable goods. 5 & 6 Geo. 5, c. 89, s. 15. Coming into force and duration of order. Refund of excess duty, etc. Restoration of former rate of duty, etc., in certain cases.

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JAPANESE RESIDENTS ASSOCIATION ORDINANCE, 1927

No. 7 of 1927.

An Ordinaitce to Provide for the incorporation of the Directors of the
Japanese Residents Associalion of Hong Kong (Hong Kong Nipponjin
Kwai ).

[24th June, 1927]

1. This Ordinance may be cited as the Japanese Residents
Association Ordinance, 1927.

2. In this Ordinance 'constitution' means the constitution of. the
japanese Residents Association of Hong Kong as approved from time to
time by the directors for the time being of the said association.





3.(i) The directors of the Japanese Residents Association
of Hong Kong, and their successors in office as hereinafter
defined, shall be a body corporate, hereinafter called the corpora-
tion, and shall have the name of ' The Directors of the Japanese
Residents Association of Hong Kong ' and in that name shall
have perpetual succession and shall and may sue and be sued in
all courts in the Colony, and shall and may have and'use a
common seal.

(2) Directors shall be appointed in accordance with the
constitution and shall for the time being be deemed to be
successors in office of the first directors and to be members of
the corporation upon notice of their appointment, and of the
retirement of the retiring directors (if any) whom they have
been appointed to replace, being filed with the Registrar of
Companies.

(3) Any such notice shall be signed by two 'of the con-
tinuing or retiring directors and sealed with the common seal
of the corporation.

4-(1) Subject to the provisions of sub-section (2), the
corporation shall have power to acquire, accept leases of, pur-
chase, take, hold and enjoy any lands, buildings, messuages
or tenements of what nature or kind soever and wheresoever
situated, and also to invest moneys upon mortgage of any lands,
buildings, messuages. or tenements, or upon the mortgages,
debentures, stocks, funds, shares or securities of any corporation
or company, and also to purchase, acquire and possess any goods
and c hattels of what nature and kind soever.

(2) Notwithstanding the provisions of sub-section (1), the
corporation shall not acquire any immovable property in the
Colony unless it has previously obtained the special consent of
the Governor in Council in each case.

(3) The corporation shall further have power by deed under
its seal to grant, sell, convey, assign, surrender, exchange,
partition, yield up, mortgage, demise, reassign, transfer or
otherwise dispose of any lands, buildings, messuages, tenements,
mortgages,' debentures, stocks, funds, shares or securities, or
any goods and chattels whatsoever, which are for the time being

As amended by Law Rev. Ord., 1939, Supp. Sched.

vested in or belonging to the corporation, upon such terms as
to the corporation may seem fit.

5. The pieces or parcels of ground respectively registered
in the Land Office at Victoria in this Colony as Inland Lot
Nos. 1378 and 1879 and Section C of Inland Lot No. 1460
together with all rights, privileges and appurtenances respectively
belonging or appeitaining thereto, or therewith usually held
occupied and enjoyed are hereby transferred,to and vested in
the corporation subject to the payment of the rents and the
performance of the covenants and conditions reserved by and
contained in the respective Crown leases thereof.

6. All deeds and other instruments requiring the corporate
seal of the corporation shall be sealed in the presence of two of
the directors and shall be signed by two of the directors.

7. All matters of internal management, including any
amendment of, the constitution, shall be settled and carried out
in accordance with the constitution.

8. Nothing in this Ordinance shall affect or be deemed to
affect the rights of His Majesty the King, His Heirs or
Successors, or the rights of any body politic or corporate or of
any other person except such as are mentioned in this Ordinance
and those claiming by, from or under them.
[Originally No. 7 of 1927. Law Rev. Ord., 1939.] Short title. Interpretaton. Incorporation. Powers of corporation. Vesting of properties. Execution of documents. Interal management. Saving of rights of the of certain other rights.

[Originally No. 7 of 1927. Law Rev. Ord., 1939.] Short title. Interpretaton. Incorporation. Powers of corporation. Vesting of properties. Execution of documents. Interal management. Saving of rights of the of certain other rights.

https://oelawhk.lib.hku.hk/items/show/1596

BASEL EVANGELICAL MISSIONARY SOCIETY INCORPORATION ORDINANCE, 1927

No. 10 of 1926, incorporated in No. 2 of 1883.

No. 11 of 1926, repealed by No. 18 of 1936.

No. 12 of 1926, incorpo7ated in No. 22 Of 1910.
No. 13 of 1926, repealed by Law Revision
Ordinance, 1939, Supp. Sched.

No. 14 of 1926, incorporated in No. 7 Of 1875.

No. 15 of 1926, repealed by No. 10 Of 1933.
No, 16 of 1926, repealed by Law Revision
Ordinance, 1939, Supp. Sched.

1927. -

No. 1 of 1927, incotporated in No. 31 Of 1911.

N o. 2, of 1927, incoTporated in No. 1 of 1869.

No. 3 of 1927, repealed by No. 27 Of 1932.

No. 4 of 1927, incorporated in No. 10 of 1911.

No. 5 of 1927.

An Ordinance to provide for the incorporation of the President
in Hong Kong of the Basel Evangelical Missiona7y
Society.
[17th june, 1927.]

1. This Ordinance may be cited as the Basel Evangelical
Missionary Society Incorporation Ordinance, 1927.





2. The President for the time being in Hong Kong of the
Basel Evangelical Missionary Society shall be a corporation sole
(hereinafter called the corporation), and shall have the name
of ' The President in Hong Kong of the Basel Evangelical
Missionary Society ' and by that name shall and may sue and
be sued in all courts in this Colony. and shall and may have and
use a common seal.

3.-(1) Subject to the provisions of sub-section (2), the
corporation shall have power to acquire, accept leases of, pur-
chase, take, hold and enjoy any lands, buildings,, messuages
or tenements of what nature or kind soever'and wheresoever
situated, and also to invest moneys upon mortgage of any'lands,
buildings, messuages or tenements, or upon the mortgages,
debentures, stocks, funds, shares or securities of any govern-
ment, municipality, corporation 'or company, and also' to
purchase, acquire and possess goods and chattels of what nature
and kind soever.

(2) Notwithstanding the provisions of sub-section (1), the
corporation shall not acquire any immovable property in the
Colony unless it has previously obtained the special consent of
the Governor in Council in each case.

(3) The corporation shall further have power by deed under
its seal to grant, sell, convey, assign, surrender, exchange,
partition, yield up, mortgage, demise, reassign, transfer or
otherwise dispose of any lands, buildings, messuages, tenements,
mortgages, debentures, stocks, funds, shares or securities, or
other goods and chattels whatsoever, which are for the time
being vested in or belonging to the corporation, upon such terms
as to the corporation may seem fit.

4. The legal estate in any property whatsoever, transferred
to the corporation in any manner whatsoever, shall, in the event
of the death of the President for the time being in Hong Kong
of the Basel Evangelical Missionary Society or in the event of
his ceasing to hold office as such President, pass to his successor
in such office when appointed.

5. All deeds and other instruments requiring the seal. of
the corporation shall be. sealed in the presence of the person

---As amended by Law Rev. Ord., 1939, Supp. Sched.





who is for the time being President in Hong Kong of the
Basel Evangelical Missionary Society or of his attorney duly
authorized, and such deeds and instruments and all other docu-
ments, instruments and writings requiring the signature of the
corporation shall be signed by such President or his attorney.

6.(1) Whenever any person is appointed to the office of
President in Hong Kong of the Basel Evangelical Missionary
Society that person shall, within three weeks after his appoint-
ment or within such further time as may be allowed by the
Governor, furnish to the Governor satisfactory evidence of his
appointment.

(2) A notification in the Gazette under the hand of the
Colonial Secretary that such, evidence has been furnished to the
Governor by such person shall be conclusive evidence of such
appointment.

7. The pieces or parcels of ground specified by . their
respective Land Office register references in the Schedule,
together with,all rights, easements and appurtenances belonging
or appertaining thereto or therewith usually held, occupied and
enjoyed, are hereby transferred to drid vested in the corporation,
subject to the payment of the rents and the performance of
the covenants and conditions reserved by and contained in the
respective Crown leases of the said pieces or parcels of ground.

8. Nothing in this Ordinance shall affect or be deemed to
affect the rights of' His Majesty the King, His Heirs and
Successors, or the rights of any body politic or corporate or of
any other person except such as are mentioned in this Ordinance
and those claiming'by, from or under them.

SCHEDULE.

I.L. 681, s. B, ss. 5, s. A. and P.P.
I.L. 681, s. B, ss. A.
I.L. 681, s. C, ss. 2, s. A.
I.L. 681, B. R

As amended by Lay Rev. Ord., 1939, Supp. Sched.

I.L. 681, s. B, ss. 4.
I.L. 681, s.
C, R.P.
I. L. 681, s. C, ss. 3.
I.L. 681, s. D.
I. L. 829.
Sowkewan Lot No. 138.
I.L. 1216, R.P.
K.I.L. 1060.
K.I.L. 623.
K.I.L. 643.
K.I.L. 649.
K.I.L. 638.
K.I.L. 1800.
N.K.I.L. 1.
N.K.I.L. 4
N.K.I.L. 7.
N.K.I.L. 13.
D.D, 214, Lot No. 749.
D.D. 83, Lot No. 1676D.
D.D. 257, Lot No. 208.
[1.10.36.] [25.5.33.] [1.3.33.] [Originally No. 5 of 1927. Law Rev, Ord., 1939.] Short title. Incorporation of the President in Hong Kong of the Basel Evangelical Missionary Society. Powers of corporation. Property transferred to corporation to pass to successors. Execution of documents. Appointment of President. Vesting of property. Schedule. Saving of rights of the Crown and of certain other rights. [Sched. contd.]

[1.10.36.] [25.5.33.] [1.3.33.] [Originally No. 5 of 1927. Law Rev, Ord., 1939.] Short title. Incorporation of the President in Hong Kong of the Basel Evangelical Missionary Society. Powers of corporation. Property transferred to corporation to pass to successors. Execution of documents. Appointment of President. Vesting of property. Schedule. Saving of rights of the Crown and of certain other rights. [Sched. contd.]

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BANK OF CANTON, LIMITED (CAPITAL CONVERSION) ORDINANCE, 1926

No. 8 of 1926.

An Ordinance to authorize the Bank of Canton, Limited, to
convert its gold capital into silver.

[1st October, 1926.]

1. This Ordinance may be cited as The Bank of Canton,
Limited, (Capital Conversion) Ordinance, 1926.

2. In this Ordinance the company means The Bank of
Canton, Limited.

3. The company may at any time by special resolution
convert into silver its gold capital as existjng at the date of the
confirmation of such special resolution and such conversion shall
take effect upon such special resolution being confirmed. Any
such conversion shall be into the silver dollar currency. of the
Colony and shall be at such rate of exchange and upon such
terms and conditions as may be sanclioned by the special resolu-
tion effecting tile conversion : Provided always that no such
special resolution shall be submitted for conlirniation without tile
consent in writing of the Governor.

4. The company shall, at the sanne time as it forwards to
the Registrar of Companies a copy of the special resolution
referred to in section 3 of this Ordinance in accordance with
section 117 of the Companies Ordinance, 1932, fonvird to Iiiin
the formal consent of the Governor to such resolution.

5. 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 bods, politic or corporate or of
any other persons except such as are mentioned in this Ordinance
and those claiming by,, from and under them.

No. 9 of 1926, repealed by Law' Revision
Ordinance, 1939, Supp. Sched.

G.N. 537 of 1926.
[Originally No. 8 of 1926. Law Rev. Ord., 1939.] Short title. Interpretation. Power to convert gold capital into silver. Governor's consent to be filed with the Registrar of Companies. No. 39 of 1932. Saving of rights of the Crown and of certain other rights.

[Originally No. 8 of 1926. Law Rev. Ord., 1939.] Short title. Interpretation. Power to convert gold capital into silver. Governor's consent to be filed with the Registrar of Companies. No. 39 of 1932. Saving of rights of the Crown and of certain other rights.

https://oelawhk.lib.hku.hk/items/show/1594

POST OFFICE ORDINANCE, 1926

No. 7 of 1926.
An Ordinance to antend the law relating to the Post Office.

[1st July, 1926.]

1. This Ordinance may be cited as the Post Office
Ordinance, 1926.

2.-(1) In this Ordinance,

(a) ' Clubbed packet ' means a packet containing a collec-
tion of Chinese letters made up by any 'person not being an
officer of the Post Office and transinitted by post with a view to
the letters inclosed. in such packet being delivered to more than
one person through the agent of the person by. whom the packet
was made up;

(b) ' Contract ship ' means any ship which is under
contract with the Postmaster General, or with His Majesty's
Postmaster General, or with the postal authority of any British
possession or British protectorate, or with the postal authority
of any foreign state which is a member of the Postal Union, for
the conveyance of mails, for more than one voyage;

(c) 'Letter' includes every communication from one person
or body of persons to another person or body of persons, sent
on any material, by means of any words or other signs, however
produced on such material so sent;

(d) ' Mail bag ' means any bag, basket, box, parcel, or
other envelope or covering, in which postal articles in course of
transmission by post are conveyed, whether it does or does not
contain any such postal article;

(e) ' Master of a ship ' includes every person (except a
pilot) having command or charge of a ship;

(f) ' Officer of the Post Office ' includes the Postmaster
General and every other person employed in any business of the
Postal Department or on behalf of the Postal Department ;

(g.) ' Person ', except so far as relates to the imposition
of the penalty of imprisonment, includes a body corporate and
a firm;





(h) 'Post Office' includes every house, building, room,
vessel, carriage and place used for the purposes of the Postal
Department, and every post office letter box;

(i) ' Post office letter box ' includes every pillar box and
wall box and every other box or receptacle provided by or under
the authority of the Postmaster General for the purpose of
receiving postal articles for transmission by or under the authority
of the Postmaster General

(j) Postage stamp means any label or stamp for denot-
ing any rate of postage payable in respect of postal articles, and
includes adhesive postage stamps and stamps printed, embossed,
impressed or otherwise indicated on any envelope, wrapper,
postcard or other article, whether such postage stamp is issued
under this Ordinance or by His Majesty's Postmaster General or
by the government of any British possession or foreign country;

(k) ' Postal article includes everything which is trans-
missible by post.

(l) 'Postal packet' means a postal article, or a collection
of postal articles, which is in course of transmission by post as
one. postal unit

(m) ' Postmaster General means, unless His Majesty's
Postmaster General is indicated, the Postmaster General of the
,Colony, and includes every Assistant Postmaster General;

(n) 'Ship' includes every description of vessel used in
navigation and cvery description of aircraft.'

(2) For the purposes of this Ordinance,

(a) a postal article shall be deemed to be in course of trans-
mission by post from the time of its being duly delivered to a
post office to the time of its being delivered to the addressee or
its being returned to the sender or otherwise disposed of under
the provisions of this Ordinance;

(b) the placing of a postal article in any receiving box for
the deposit of postal articles or the delivery of an article to an
officer of the post office in the course of his duties shall be deemed
to be delivery to a post office; and

(c) the following shall be deemed to be delivery of a postal
packet to the addressee-





(i) delivery according to the usual manner of delivering postal packets
to the addressee: or,

(ii) delivery at the house or office of the addressee: or

(iii) delivery to the addressee or to his servant or agent or other person
having authority to receive such packet: or

(iv) when the addressee is a guest and is resident at an

hotel, delivery to the proprietor or manager thereof or to his
agent. .

3. It shall be lawful for the Governor in Council to make Regulations in
respect of any of the following matters

(a) cash on delivery parcels;

(b) compensation for loss of or damage to postal packets;

(c) fines for insufficient postage;

(d) gratuities for the conveyance of postal packets by sea

(e) insurance of postal packets

(f) late fees;

(g) limitations of the form,size, weight and contents of .postal packets;

(h) money orders, telegraph money orders, postal. orders and postal
notes

(i) parcels;

(j) payment of postage

(k) postal notes and postal orders;

(l) private boxes;

(m) private travelling letter, boxes;.

(n) prohibited articles and their treatment and disposal.;
(o) registration

(p) stamps, reply coupons, and 'stamped envelopes, postcards and
wrappers;

(q) undelivered postal articles;

(r) the prescribing of any fees. which may,appear' to the Governor in
Council to be desirable in connexion with the maintenance of a postal
service; .

As amended by Law Rev. Ord., 1939,: Supp. Sched.





(s) any other matters in . respect of which-it.may appear to
the Governor in Council to be desirable to make regulations for
the purpose of the maintenance of a postal service.

4. The. Governor in Council may from time to time deter-
mine the rates of postage to be charged on postal articles and
the rates for the time being in force shall be exhibited and kept
exhibited at the Post Office.

5. It shall be Aawful for the Governor to appoint a Post-
master General and such other officers of the Post Office as lie
may think 'fit.

6.-(1) The Postmaster Geheral, by himself or by the
officers of the Post Office, shall have the exclusive privilege of-

(a) conveying letters from one place to another within the
Colony;

(b) sending letters out of the Colony for delivery outside
the Colony;

(c) receiving letters brought into the 'Colony for delivery
in the Colony; and

(d) receiving letters brought into the Colony for. transmis-
sion to some place outside the Colony, other than letters contained
in mail bags passing through the,waters of the Colony without
transhipment,

and shall also have the exclusive privilege of performing all the
incidental services of receiving, collecting, sending, despatching
and delivering all such letters, except.in the following cases-
(i) letters not exceeding three in number sent by a private
friend on his way, journey or travel, provided that such letters*
are delivered by that friend to the person or persons to whom
they are directed, without hire, reward or other profit or
advantage for receiving, carrying or delivering them;

(ii) letters concerning the affairs of the sender or receiver
thereof sent by a messenger employed for that purpose ;

(iii) letters solely concerning particular goods, sent by the
same vessel as the goods, to be delivered with the goods, without

As amended by Law Rev. Ord., 1939, Supp. Sched.





hire, reward or other profit or advantage for receiving, carrying
or delivering such letters, provided that such letters are open to
inspection and have superscribed thereon the words 'Consignee's
letter ' or other words to the same effect; and

(iv) telegrains sent out by any telegraph company.

(2) Notwithstanding anything contained in sub-section (1),
it shall be lawful for any person licensed by the Postmaster
General to collect letters for transmission to ' China through the
Post Office, and to receive clubbed packets from China through
the Post Office, subject to the provisions of any regulations
made under this Ordinance and subject to the Conditions of his
licence.

(3) Subject.to the exemptions from the Postmaster General's
exclusive Privilege which are contained in sub-sections (i) and
(2), no person shall-
(a) collect any letters with a view to the delivery of such
letters anywhere otherwise than through the post; or

(b) have in his possession any letter with a view to the
delivery of such letter anywhere otherwise than through the
post; or

(c) send any letter out of the Colony otherwise than through
the post; or

(d) without lawful authority or excuse bring any letter into
the Colony with a view to the delivery of such letter anywhert;
or
(e) without lawful authority or excuse have in his possession
any letter brought into the Colony, or delivered, otherwise than
through the post.

(4) No person shall in any other way infringe the exclusive,.
privilege of the Postmaster General.

(5) It shall be lawful for the Governor in Council to order
that the provisions of this section shall also apply to any
particular kind or kinds of postal article other than letters, subject.
to such exceptions and conditions (if any) as the Governor in
Council may think fit.

7.-(1) The Government shall not incur any liability by Exemption
reason of the loss, non-delivery, misdelivery or delay of any





postal packet, or by reason, of any damage to. any postal packet,
whether registered or not.

(2) No officer of the Post Office shall incur anyliability by
reason of such loss, non-delivery, misdelivery delay of damage
except in the: case of fraud pr wilful misbehaviour.

(3), Neither the Government nor any officer of the: Post
Office shall incur any liability for the loss, non-delivery, mis-
delivery or delay of, or, damage to, any postal article, whether
registered or pot, caused by the act or default of' any persow
licensed in with section 6 (2), or,caused by the act
or defatilt of any servant or agent of any such licensed person.

(4) Once a money order, telegraph money order, postal
order or postal note has been paid to any person by an officer
of the Post Office or by an officer of any other postal authority,
British or foreign,, all liability of the Government in respect of
such money order, tel egraph money order, postal order or postal
note shall cease and determine, and, except in the case of fraud
or wilful misbehaviour, no officer of the Post Office shall, after
such payment, be. liable in respect of such money order, telegraph
money. order, postal order or Postal note.

.8. The. decision of, the Postmaster General as to whether
any postal packet is or: contains a circular, a. commercial paper,
a letter, a newspaper, a parcel,: a postcard, a printed paper or a
sample. or literature for the blind, and any other decision of the
Postmaster General as to the classification of any postal article,
shall be final for all purposes.

9. It shall be lawful for the Postmaster General in his
discretion, to decide any question as to the relative urgency of
particular mails or particular classes of postal packets and to
postpone the delivery or despatch of any mails or postal packets
to the. delivery or despatch of any more urgent mails or postal
packets.

10. It shall be lawful for any officer of the Post Office to
open

(i) any postal packet upon which the prepayment of postage
is compulsory and upon Which the proper postage has not been
paid; and





(2) any postal packet which is returned to the Post Office
for want of a proper address or from inability to find.the person
to whom it is addressed or 'because the addressee refuses to
General
accept it, or which in the opinion of.the Postmaster
,cannot for any other reason be delivered.

11. When any postal packet has been posted by mistake,
or has been posted with wrong or deficient contents, it shall. be
lawful for the Postmaster General in his discretion to return such
postal packet to the sender on payment of such fee (if any). as.
may be prescribed by regulations made under this Ordinafice.

12. If the Postmaster General has reason to believe that.any
postal packet has been posted or sent by post in contravention
of this Ordinance or of any regulation made thereunder, or that
any postal packet whatsoever contains anything which may not
legally be sent by post, or contains anything with respect to
which or by means of which any offence whatsoever has been or
is being committed or attempted, or contains any dutiable article,
it shall be lawful for him to open such postal packet and to delay
such postal packet and its contents.

13. (1) It shall be lawful for the Colonial Secretary to grant
warrant authorizing the Postmaster General, or authorizing
any or all the officers of the Post Office, to open and delay any
specified postal packet or all postal packets of any specified class
or all postal packets whatsoever.

(2) It shall be lawful for the Postmaster General to delay
any postal packet for such time as may reasonably be necessary
for the purpose of obtaining a warrant underthis. section.

14. Any postal packet opened under the authority'of section
10, 12 or 13, and the contents of any such postal packet, shall,
subject to the provisions of section 32 (5) and subject to any
regulations made under this Ordinance,' be dealt with. in accord-
ance with the following provisions-

(i) if the Governor gives any direction as to how any such
postal packet or its contents or any of its contents shall be dealt
with, such postal packet and content shall be dealt with accord-
ing to such direction;

(2) subject to any direction of the Governor, if such postal





packet or any of its contents is required for the purpose of any
pending or contemplated criminal or forfeiture proceedings
whatsoever, such postal packet or contents shall be retained by
the proper officer so long as may reasonably be necessary for
the purpose of such pending or contemplated proceedings;

(3) subject to any direction of the Governor, if such postal
packet and its contents are not required, or are no longer
required, for any criminal or forfeiture proceedings and if the
Postal packet and its contents can, and may lawfully, be for-
warded or delivered to the addressee, the postal packet and its
contents shall be so forwarded or delivered;

(4) subject to any direction of the Governor, if such postal
packet cannot, or may not lawfully, be forwarded or delivered
to the addressee or if there is no addressee, such postal article
and its contents shall if possible be returned to the sender.

15. The provisions of sections 12, 13 and 14 shall extend
also to all articles tendered to or received by the Post Office for
transmission by post or delivery, and to the contents of all such
articles, whether such articles or contents be transmissible by
post or not.

16. Every master of a ship having on board any postal
packets which are within the exclusive privilege conferred on
the Postmaster General by or under section 6, or any postal
packets which have been received by him for delivery to the
Postmaster General, shall, immediately upon the arrival of such
ship in the Colony and before reporting at the Harbour Office,
deliver all such postal packets at the General Post Office or to
some officerof the Post Office or other person authorized by the
Postmaster General to receive the sarne.

17.-(1) Every owner of a ship, other than a ship plying
daily or on fixed days to Macao or to any place on the Canton
River or West River, proposing to despatch such,ship from the
Colony to any place outside the Colony, shall give reasonable
notice in writing to the Post master, General of the day and hour
of the intended departure of such ,hip, of the berth at which
such ship is lying and of the places at which such ship is to
call, and shall give immediate notice in writing to the Postmaster
General of any alteration in the day or hour of departure or of
the berth or of the places of call.





(2) If the ship is on charter the notice shall be given by
the charterer.

(3) Notice by an agent sliall be deenied also to be notice
by the owner or charterer, as the case may be.

(4) If the owner or charterer is not in the Colony the
obligation to give notice shall lie on his agents.

(5) Reasonable notice in writing shall he given to the
Postmaster General of every, alteration of the hour of departure
of any ship plying daily or on fixed, days to- Macao or to any
place on the Canton River or West River. The obligation to
give such notice shall lie on the person on whom it would have
lain if the ship had not been within the exception specified in
sub-section (1).

(6) In general a notice shall not be deemed to be reasonable
for the purposes of this section unless it is given in time to enable
the Postmaster General to inform the public by. notice in the
public press of the day and hour for closing the mails. by the ship
in question.

18. Every master of a ship (not-being or havingthe status
of a ship of war) about to depart from the Colony to any place
outside the Colony shall receive on. board any postal packets or
mail bags tendered to him by any officer of the Post Office for
conveyance and shall give a receipt therefor in such form as the
Postmaster General prescribes.

19.-(1) It shall be lawful for the Postmaster General to
pay to the masters of ships, not beling Government or contract
ships, for the conveyance of postal packets, gratuities at such-
rates as may be prescribed in any regulations made under this
Ordinance.

(2) Before payment is made the Postmaster General may
require the master of any ship by which any postal packets have
been conveyed to produce a certificate from the post office of.
destination that such postal packets have been duly received
from him.

NO gratuity shall be payable-

(a) unless application be made for payment within twelve





months of the receipt by the master of the ship of the postal
packets in respect of which the gratuity is claimed; or
(b) if there has been unreasonable delay on the part of the
master in delivering the postal packets at the post office ot
destination ; or
(c), if any of the postal packets have been damaged in
transit, unless the master proves to the satisfaction of the Post-
master General that such damage was not due to any fault or
lack of sufficient care,on his part.

(4) If the master of any vessel satisfies the Postmaster
General that he, will not return to the Colony within the twelve
months prescribed by sub-section (3) (a), it shall be lawful for
the Postmaster General to pay a gratuity in advance.

20. Every master of a ship to whom any, postal packets are
delivered under section 18 shall be deemed to contract with the
Postmaster General that, in consideration of the gratuity payable
in respect of such postal packets, he will duly deliver the said
postal packets to the postal authority to whom the same are
addressed immediately on his arrival in any port, without wilful
or avoidable delay, and that if he fails in any respect to perform
such contract he will pay to the Postmaster General the sum
of five hundred dollars as liquidated damages for the breach
thereof.

21.-(1) The postage chargeable on every postal packet
posted in the Colony, except a letter, shall be prepaid in full.
(2) It shall be lawful for the Postmaster General to refuse
to receive any postal packets, including letters, tendered for
posting, unless the postage and any other sum chargeable thereon
has been fully prepaid.

(3) Where the postage on any postal packet has not been
prepaid or has not been fully prepaid, there shall be chargeable
upon such postal packet double the postage or double the
deficiency, as the case may be.

(4) Where a postal packet has been, posted in the Colony
and is addressed to an addressee in the Colony and the postage
or any other sum chargeable on such postal packet has not been
paid or has not been fully paid, such postage or sum or deficiency,
as the case may be, shall be payable as follows-,

* As amended by Law Rev. Ord., 1939, Supp. Sched.





(a) by the addressee, upon delivery of the postal packet to
him, unless he refuses to accept delivery or returns the postal
packet forthwith unopened;
(b) by the sender, upon demand by the Postmaster General,
if the addressee refuses to accept delivery or returns the postal
.packet forthwith unopened, or if the addressee is dead or cannot
be found, or if the Postmaster General is of opinion that such
postage or sum or deficiency should be paid by the sender and
not by the addressee.
(5) Where a postal packet has been, posted in the Colony
and is addressed to an addressee outside the Colony and the
postage or any other sum chargeable on such postal packet has
not been paid or has not been fully paid, such postage or sum
ot. deficiency shall be payable by the sender upon demand by
the Postmaster General, if the postal packet is returned by the
office of destination as'undeliverable.
(6) Where a postal packet las been posted outsid& the
Colony and is addressed to an addressee in the Colony and the
postage or any other sum. chargeable on such postal packet has
not been fully paid, such postage or sutn or deficiency shall be
payable by the addressee upon the postal packet being tendered
for delivery to him, unless the Postmaster General is of opinion
that such postage or sum or deficiency should be paid by the
sender.

22. If any person refuses or neglects to pay any postage
or other sum which he is legally bound to pay in respect of
any postal packet, the Postmaster General may withhold from
such person any postal packet whatsoever addressed to him,
not being on His Majesty's service, until such postage or other
sum has been.paid.

23.-(1) It shall be lawful for any public officer who may,
either generally. or in a particular case, be authorized. in writing
by the Postmaster General in that behalf to search for, seize,
remove and detain any postal article in respect of which such
public officer may have reason to believe that any offence against
this Ordinance has been committed.

(i) Such officer may, with or without assistance, if, neces-
sary-

As amended by Law Rev. Ord., 1939, Supp. Sched.





(a) break open any outer or inner door of any house,
building,or place and enter thereinto;

(b) forcibly board and enter any ship (not being or having
the status of a ship of war) and every part thereof;

(c) search any person force in such house, building or
place, or on,board such ship: Provided that no female person
shall be searched except by a fdmale

(d) remove by force any ma terial obstruction to, or any
person obstructing, any such entry, search, seizure, removal and
detention as he is empowered to effect; and

(e) open and examine any postal article found in such
house, building or place, or on board such ship.

(3) No person shall delay or obstruct any entry, search,
seizure, removal or detention which is authorized by this
Ordinance.

(4) It shall be lawful for any, public officer who in the
execution of his duty discovers any, postal article in respect of
which he may have reason to believe that any offence whatsoever
has been or is about to he committed to seize and detain any
such postal article.

24.-(1) Where an officer of the Post Office vacates his
office (whether by reason of dismissal, resignation, death or
otherwise) he, or if he is dead his personal representative and
any person in possession of his effects, shall deliver to the
Postmaster General all articles (whether uniform, accoutrements,
appointments or other necessaries) which were issued to, such
officer for the execution of his duty and are not or were not the
property of that officer, and shall deliver the articles in good
order and condition, fair wear and tear only excepted.

(2) Every person who fails to comply with the provisions
of this section shall, in lieu of or in addition to any fine which
may.be iniposed upon him., be also liable to pay such sum not
exceeding two hundred and fifty doilars as a magistrate may
determine to be the valtle of the articles not delivered, or if the
articles have been delivered but not in good order and condition,
of the damage done to the articles.

(3) Any justice of the peace may issue a warrant by virtue





of which a police officer may search for and seize any articles
not delivered as required by this section, in like,manner as if
they were stolen goods and the warrant were a warrant to search
for stolen goods.

25.-(1) If any postal packet addressed to any person at
any hotel, boarding-house or shipping office, and delivered at
such hotel,. boarding-house or shipping office, is not claimed
by or forwarded to the addressee within the respective periods
specified in sub-section (2), the person in charge of such hotel,
boarding-house or shipping office shall forthwith return the
postal packet to the Postmaster Gefieral, and the postal packet
shall thereupon be treated as a postal packet which has been
returned to the Post Office from inability-to find the person to
whom it is addressed.

(2) The respective times. referred to in sub-section (1) shall
be two weeks in the case of a postaI packet posted in the Colony
and two months in the case of a postal packet posted in any
place outside the Colony: Provided that the Postmaster General
may from time to time extend either of these periods as he may
think fit in any particular case.

26. No person shall-

(a) steal or embezzle or obtain by false pretences or by
any other fraudulent means, or destroy, any mail bag or postal
packet or anything contained in or forming part of any mail
bag or postal packet;

(b) steal or embezzle or obtain by faise pretences or by
any other fraudulent rneans.any letter or anything contained in
or forming part of any letter, whether such letter is in course
of transmission by post or not;

(c) receive any postal packet or anything which was con-
tained in or formed part of any powal packet, or any letter or
anything which was contained in or formed part of any leller,
which was stolen, embezzled or obtained by false pretences or by
any other fraudulent mearts, knowirig that such packed
or letter or thing was stolen, embezzled or obtained by false
pretences ot other fraudulent means, as the case may be.

As amended hy Law Rev. Ord., 1939, Supp. Sched.





27. No person shall wilfully open any postal packet addressed
to some other person, which is in course of transmission by
post or which has been transmitted by post, or do anything
whereby the due delivery. of any postal packet addressed to some
other person, which is in course of transmission by post or which
has. been transmitted by. post, is prevented or. delayed or impeded,
either with intent to injure-such other person or with intent to
obtain some benefit for.himself.

28. No person shall fraudulently retain, or wilfully secrete
or keep or detain, -or when required by an officer of the Post
Office neglect or refuse to deliver up-

(i) any postal packet or any mail bag which ought to have
been delivered to any other person ; or

(2) any postal packet or any mail bag which has been
found by him or by any other person.

29. No person shall without lawful authority or excuse-

(i) open any postal packet or take any of the contents out
of any postal packet; or

(2) -Open any mail bag or take any postal packet or any
of the contents of any postal packet out of any mail bag; or

(3) have in his possession any postal packet, or mail.bag or
any of the contents of any postal packet or mail bag; or

(4) delay any postal packet or mail bag.

30. No person shall place in or against any post office letter
box any fire, match, light or fluid, or any expiosive, dangerous.
filthy, noxious or deleterious substance, or injure or disfigure or
do anything likely to injure or disfigure any post office letter
box or any of its contents..

31.-(1) No person shall without lawful authority make on
any envelope, wrapper, card, form or paper, for the purpose of
being sent by post or of being otherwise used,.any word, letter
or mark, in imitation of or similar to or purporting to be, any
word, letter or mark used by any postal authority, British or
foreign, or any word, letter or mark which signifies or implies,

As amended by Law. Rev. Ord., 1939, Supp. Sched,





or might reasonably lead the recipient thereof to believe, that
the postal packet bearing such word, letter or mark is sent on
His Majesty's service.

(2) No person shall without lawful authority or excuse
make any envelope, wrapper, card, form or paper in imitation
of, or similar to or purporting to be, an envelope, wrapper, card,
form or paper issued by or under the authority of any postal
authority, British or foreign.

(3) No person shall without lawful authority or excuse
have in his possession any envelope, wrapper, card, form or
paper the making of which is prohibited by this section, of upon
which there appears any word, letter or mark the making of
which is prohibited by ihis section.

32.-(1) No person shall post, tender for posting or send
by post-

(a) any postal packet consisting of or containing anything
which might expose postal officials to danger or which might
soil or damage any other postal packet;

(b) any explosive, inflammable or dangerous substance;

(c) any animal, or insect, live or dead, except as provided
for in any regulations made under this Ordinance;

(d) samples of which the number forwarded by the same
sender' to the same addressee shows an obvious intention of
avoiding the payment of the customs charges due to the country
of destination (provided that such country is included in the
Postal Union);

(e) any opium within the meaning of the Opium Ordin-
ance, 1932

any drug to which the Dangerous Drugs Ordinance.,
1935, applies;

(g) any obscene, immoral, indecent, offensive or libellous
writing, picture or other thing;

(h) anything whatsoever of which the importation or circu-
lation is forbidden in the Colony or in the country of destination
(provided that such country is included in the Postal Union)

As amended by Law Rev. Ord., 1939, Supp. Sched.





(i) any seditious publication within the meaning of any
enactment relating to,sedition;

(j) any postal packet which without lawful authority or
excuse contains or bears any imitation or representation of any
postage stamp, British or foreign;

(k) any postal packet which purports to be prepaid with
any postage stamp which in fact has been used or appears to
have been used to prepay any other postal article;

(l) any imitation of any envelope, wrapper, card, form or
document issued by any postal authority, British or foreign

(m) any postal packet bearing any imitation of any words,
letters or other marks used by any postal authority, British or
foreign

(n) any postal packet bearing without lawful authority any
words, letters or other marks calculated to convey the impression
that such postal packet has been sent on His Majesty's service;

(o) any lottery tickets or any document relating to any
lottery;

(p) coin or gold or silver bullion; or

(q) anything the sending of which by post is prohibited
by any regulation made under this or any other Ordinance.

(2) No person shall post or tender for posting or send by
post, in any particular kind of postal packet, anything if the
sending of such thing by post in that kind of postal packet is
prohibited by any regulation made under this Ordinance.

(3) The importation by post of anything which is pro-
hibited to be sent by post is prohibited.

(4) No person shall import any intoxicating liquor by post.

(5) If any postal packet received by the Post Office from
outside the Colony for delivery in the Colony contains anything
the sending of which by post is prohibited by or under this
Ordinance, it shall be lawful for a magistrate, upon such notice
to the addressee as he may think reasonable, to order that such
thing be forfeited to the Crown, and anything so forfeited shall
be dealt with in such way as the Governor may direct.





(6) It shall be lawful for the Postmaster General. to refuse
to receive in the post or to refuse to forward anything which,
by reason of its nature, contents or form or for any other
reason, is not in accordance with any departmental rules made
or adopted by him or any departmental, practice followed in the
Post Office.

31-( 1 ) No officer of the Post Office shall-

(a) wilfully deliver any mail bag or postal packet to any
person other than the person to whom such mail bag or postal
packet ought to be delivered

(b) issue any money order with a fraudulent intent

(c) reissue a money order or postal order or postal note
previously paid;

(d) wilfully pay any money order or postal order or postal
note to any person other than the person to whom such money
order or postal order or postal note should be paid;

(e) wilfully or negligently endanger the safety of any mail
bag or postal packet;

fraudulently put any wrong official mark on . any mail
bag or postal packet

(g) fraudulently alter, remove or cause to disappear any
official mark which is on any mail bag or postal packet;

(h) being entrusted with the delivery of any.postal packet,
knowingly demand or receive any sum of money in respect
of the postage thereof which is not chargeable under this
Ordinance;

(i) being entrusted with the preparing or keeping of any
document, fraudulently prepare such document incorrectly or
alter or secrete or destroy such document;

(j) send by post or put into a any mail bag any postal packet
upon which the postage has not been paid or charged in the-
prescribed manner, with intent thereby to defraud the Govern-
ment of the postage payable on such packet;

(k) be guilty of any act or default or negligence by means
of which the safety of any mail bag or postal packet is or might
be endangered or by means of which the, prompt handling of
any mail bag or postal packet is or might be impeded;





(1) be absent from duty without leave and without lawful
authority or excuse.

(2) Nothing in this section shall be.construed as making
or as tending to make any other section of this Ordinance
inapplicable in the case. of. officers of the Post Office.

34. No person shall obstruct any officer of the Post Office
in the execution of his duty.

35. In any prosecution under this Ordinance in respect of
any mail bag or postal packet or anything which was contained
in or formed part of any mail bag or postal packet, it shall be
sufficent to allege such mail bag or postal packet or thing to be
the property of the Postmaster General without mentioning his
name.

36. In any proceeding for the recovery of any postage or
other sum alleged to be due under this Ordinance in respect of
any postal packet and in any prosecution under this Ordinance-

(1) the production of a postal article having thereon what
appears to be any official mark of any postal authority, British
or foreign, shall until the contrary is proved be printd facie
evidence of any fact stated in or indicated by such mark;

(2) the person from whom any postal article purports to
have come shall until the contrary is proved be deemed to be
the sender thereof; and

(3) any statement contained in any document produced
from the custody of the Postmaster General which purports to
be made by any postal authority, British or foreign, shall be
admissible in evidence and shall until the contrary is'proved be
deemed to be true.

37.-(1) Every person who-

(a) acts in contravention of or fails to comply with any
provision of this Ordinance or of any regulation made there-
under; or

(b) acts in contravention of or fails to comply with any
condition of any licence issued under this Ordinance or under
any regulation made thereunder; 'or





(c) attempts to commit an offence against this Ordinance,
or solicits or incites another person to commit any such offence
or attempts to solicit or incite another person to commit any
such offence, or aids, abets, counsels or procures the commission
of any such offence,

shall be deemed to commit an offence against this Ordinance.

(2) Where the person convicted of an offence under this
Ordinance is a company or other body corporate, the chairman
and every director and every officer concerned in the manage-
ment of the company or other body corporate shall, unless he
proves that the act of omission constituting the offence took
place without his knowledge and consent, be guilty of the like
offence and shall notwithstanding the provisions of'section 2
(1) (g) be liable to all the penalties and consequences to which
a natural person is, liable upon conviction of the, said offence.

(3) Where the person convicted of an' offence under this
Ordinance is a firm, every partner in the firm and every person
concerned in the management of the firm shall, unless he proves
that the act or omission constituting the offence occurred without
his knowledge and consent, be guilty of the like offence and-
shall notwithstanding the provisions of section 2 (1) (g) be
liable to all the penalties and consequences to which a natural
person is liable upon conviction of the said offence.

38.-(1) Every person who contravenes any of the provi-
sions of any of the sections specified in the first column of the
following table shall be liable to the penalty or penalties specified
in the corresponding entries in the second and third columns,'of
the said table, and when penalties are specified in both the
second and the third columns of the said table the penalty
specified in the third column may be imposed in addition to
that specified in the second column.

SECTION. MAXIMUM MAXIMUM TERM OF
FINE. IMPRISONMENT.

16 $500
17 $500





(2) Where a term of imprisonment is specified in the third
column of the above table, such imprisonment may be imposed
either without any fine being imposed or in addition to any fine
if the offence is one which according to the said table is
punishable also by a fine.

(3) Every person who commits any offence against this
Ordinanc for which no penalty is otherwise provided shall be
liable to a fine not exceeding five hundred dollars and to
imprisonment for any term not exceeding six months.

(4) Any offence against this Ordinance may be prosecuted
either summarily or on indictment: Provided that nothing in
this sub-section shall empower a magistrate to impose a longer
term of imprisonment than six months for any one offence.

(5) If any, act or default is a contravention of more than
one of the said sections or sub-sections, the offender may be
prosecuted, convicted and punished under any one of the said
sections or sub-sections.

39. Notwithstanding the provisions of any enactment which
prescribes the time within which proccedings for an offence
punishable upon a summary convicton may be commenced, any
summary proceedings for aln offence under this Ordinance may,
be commenced within one year after the offence was committed.
[Originally No. 7 of 1926. Law Rev. Ord., 1939.] Short title. Interpretation. 8 Edw. 7, c. 48, s. 89. 8 Edw. 7, c. 48, s. 89. 8 Edw. 7 c. 48, s. 89. [cf. S. 37 (2), (3).] [s. 2 contd.] 8 Edw. 7, c. 48, s. 89. 8 Edw. 7, c. 48, s. 89. 8 Edw. 7, c. 48, s. 90. Regulations. Rates of postage. Appointment of officers. Execlusive privilege of Postmaster General. 8 Edw. 7, c. 48, ss. 30, 34(2). Exemption from liability 8 Edw. 7, c. 48, ss. 13, 23. Decision of Postmaster General as to classification of postal packets final. 8 Edw. 7, c. 48, s. 19. Discretion as to relative urgency 8 Edw. 7, c. 48, s. 15. Postal packets which cannot be despatched or delivered. Postal packets posted by mistake or with wrong or deficent contents. Postal packets which contravene the law, etc. 8 Edw. 7, c. 48, ss. 17, 18. Warrant of Colonial Secretary for opening and delaying postal packets. Disposal of postal packets opened under section 10, 12, or 13. 8 Edw. 7, c. 48, ss. 17, 18. Extension of sections 12, 13 and 14 to articles not transmissible by post. Masters of ships to deliver postal packets to Post Office without delay. 8 Edw. 7, c. 48, s. 27. Notice to be given to Postmaster General of departure of ships. Masters of ships to accept postal packets or mail bags for conveyance. 8 Edw. 7, c. 48, s. 26. Gratuities to masters of ships for conveyance of postal packets. 8 Edw. 7, c. 48, s. 31. Damages for non-delivery of postal packets or mail bags. Liability for payment of postage, etc. 8 Edw. 7, c. 48, s. 3. Right to withold postal packets from person refusing to pay postage, etc. Power of sarch and seizure. Surrender of clothing, etc., by officer of Post Office on ceasing to be officer. 8 Edw. 7, c. 48, s. 44. Postal packets delivered at hotels, etc., and not claimed. Stealing, etc., of postal packets and letters. 8 Edw. 7, c. 48, ss. 50, 52, 55. Diversion of postal packets. 8 Edw. 7, c. 48, ss. 54, 56. Unlawful opening, etc., of postal packets. 8 Edw. 7, c. 48, ss. 51, 56. Damaging, etc., letter boxes. 8 Edw. 7, c. 48, ss. 61, 62. Prohibition of limitation of certain marks, etc. 8 Edw. 7, c. 48, s. 64. Prohibited articles. 8 Edw. 7, c. 48, s. 63. Ordinance No. 7 of 1932. Ordinance No. 35 of 1935. [s. 32 contd.] Offences by officers of the Post Office. 8 Edw. 7, c. 48, s. 58. Obstruction. 8 Edw. 7, c. 48, s. 67. Laying of property. 8 Edw, 7, c. 48, s. 73. Evidence. 8 Edw. 7, c. 48, ss. 8, 9. Offences. 8 Edw. 7, c. 48, s. 69. Penalties. Limitation of time.

[Originally No. 7 of 1926. Law Rev. Ord., 1939.] Short title. Interpretation. 8 Edw. 7, c. 48, s. 89. 8 Edw. 7, c. 48, s. 89. 8 Edw. 7 c. 48, s. 89. [cf. S. 37 (2), (3).] [s. 2 contd.] 8 Edw. 7, c. 48, s. 89. 8 Edw. 7, c. 48, s. 89. 8 Edw. 7, c. 48, s. 90. Regulations. Rates of postage. Appointment of officers. Execlusive privilege of Postmaster General. 8 Edw. 7, c. 48, ss. 30, 34(2). Exemption from liability 8 Edw. 7, c. 48, ss. 13, 23. Decision of Postmaster General as to classification of postal packets final. 8 Edw. 7, c. 48, s. 19. Discretion as to relative urgency 8 Edw. 7, c. 48, s. 15. Postal packets which cannot be despatched or delivered. Postal packets posted by mistake or with wrong or deficent contents. Postal packets which contravene the law, etc. 8 Edw. 7, c. 48, ss. 17, 18. Warrant of Colonial Secretary for opening and delaying postal packets. Disposal of postal packets opened under section 10, 12, or 13. 8 Edw. 7, c. 48, ss. 17, 18. Extension of sections 12, 13 and 14 to articles not transmissible by post. Masters of ships to deliver postal packets to Post Office without delay. 8 Edw. 7, c. 48, s. 27. Notice to be given to Postmaster General of departure of ships. Masters of ships to accept postal packets or mail bags for conveyance. 8 Edw. 7, c. 48, s. 26. Gratuities to masters of ships for conveyance of postal packets. 8 Edw. 7, c. 48, s. 31. Damages for non-delivery of postal packets or mail bags. Liability for payment of postage, etc. 8 Edw. 7, c. 48, s. 3. Right to withold postal packets from person refusing to pay postage, etc. Power of sarch and seizure. Surrender of clothing, etc., by officer of Post Office on ceasing to be officer. 8 Edw. 7, c. 48, s. 44. Postal packets delivered at hotels, etc., and not claimed. Stealing, etc., of postal packets and letters. 8 Edw. 7, c. 48, ss. 50, 52, 55. Diversion of postal packets. 8 Edw. 7, c. 48, ss. 54, 56. Unlawful opening, etc., of postal packets. 8 Edw. 7, c. 48, ss. 51, 56. Damaging, etc., letter boxes. 8 Edw. 7, c. 48, ss. 61, 62. Prohibition of limitation of certain marks, etc. 8 Edw. 7, c. 48, s. 64. Prohibited articles. 8 Edw. 7, c. 48, s. 63. Ordinance No. 7 of 1932. Ordinance No. 35 of 1935. [s. 32 contd.] Offences by officers of the Post Office. 8 Edw. 7, c. 48, s. 58. Obstruction. 8 Edw. 7, c. 48, s. 67. Laying of property. 8 Edw, 7, c. 48, s. 73. Evidence. 8 Edw. 7, c. 48, ss. 8, 9. Offences. 8 Edw. 7, c. 48, s. 69. Penalties. Limitation of time.

https://oelawhk.lib.hku.hk/items/show/1593

HONG KONG TREASURY BILLS (LONDON) ORDINANCE, 1926

No. 6 of 1926.

An Ordinance to regulate the issue of Hong Kong Treasury
bills in London.
[23rd April, 1926.]

WHEREAS it may be expedient from time to time that the
Crown Agents for the Colonies on behalf of the' Governor
should borrow money. by the issue of Hong Kong Treasury
bills in London





AND WHEREAS it is expedient to provide in one Ordinance the
terms and conditions applicable to the borrowing of money
by the issue of such bills:

1. This Ordinance may be cited as the Hong Kong
Treasury Bills (London) Ordinance, 1026.

2. The Governor whenever authorized thereto by a resolu-
tion of the Legislative Council may request the Crown Agents
for the Colonies to borrow by the issue in London of Hong
Kong Government Treasury bills sums not exceeding the amount
specified in such resolution; and the Crown Agents may also,
with the approval of the Governor, borrow from time to time by
the issue of such Treasury bills such sums as may be required
to pay off at maturity bills already lawfully. issued by them and
outstanding.

3. The principal moneys represented by the Treasury bills
issued under the.provisions of this Ordinance are hereby charged
upon and shall be.payable out of the general revenues and assets
of the Colony.

4. The proceeds of the issue, of the Treasury bills shall be
paid into the general account of the Colony with the Crown
Agents for the Colonies.

5. Every Treasury bill issued tinder this Ordinance shall
be for the sum of 1,000 or a multiple.of 1,000 and shall be
payable at par at such time or times as the Governor or the
Crown Agents for the Colonies on his behalf shall before the
issue of such Treasury bill fix and determine, but not later than
one year from- the date of issue.

6. 'The Governor shall appropriate out of the general
revenues of the Colony the necessary sum to pay, the principal
represented by the Treasury bills and shall remit that sum to
the Crown Agents for the Colonies in London at such time as
will enable them to pay the principal at their office in London
when the Treasury bills fall due.

7. Upon repayment of the, principal moneys represented by
the Treasury bills, the bills shall'be delivered up to the Crown
Agents, to be by them cancelled and forwarded to the Govern-
ment of Hong Kong.
[Originally No. 6 of 1926.] Short title. Power to borrow by the issue of Treasury bills. Principal of bills. Proceeds of bills. Amounts and period of currency of Bills. Repayment of bills. Cancellation of repaid bills.

[Originally No. 6 of 1926.] Short title. Power to borrow by the issue of Treasury bills. Principal of bills. Proceeds of bills. Amounts and period of currency of Bills. Repayment of bills. Cancellation of repaid bills.

https://oelawhk.lib.hku.hk/items/show/1592

HONG KONG TREASURY BILLS (LOCAL) ORDINANCE, 1926

Ne. 14 of 1925, repealed by No. 32 Of 1935.

No. 15 of 1925, repealed by NO. 39 Of 1932.

No. 16 of 1925, repealed by Law Revision
Ordinance, 1939, Supp. Sched.

1926.

No. 1 of 1926, repealed by No. 51 Of 1936.

No. 2, of 1926, repealed by No. 41 Of 1932.

No. 3 of 1926, incorporated in No. 6 of 1901.

No. 4 of 1926, repealed by Law. Revision
Ordinance, 1939, Supp. Sched...

No. 5 of 1926.

An Ordinance to regulate the issue of Hong Kong Treaswry
bills in Hong Kong.
[23rd. April, 1926.]

WHEREAs it may he ex pedient from time to time that the
Governor should borrow money by the issue of Hong
Kong Treasury bills in Hong Kong:

AND WHEREAS it is expedient to provide in one Ordinance the
terms and conditions applicable to the borrowing of money
by the issue of such bills:

This Ordinance, may be cited as The Hong Kong
Treasury Bills (Local) Ordinance, 1926.
2. The Governor whenever authorized thereto by a resolu-
,tion of the Legislative Council may borrow by the issue in
Hong Kong of Hong Kong Government Treasury bills sums
not exceeding the amount specified in such resolution; and may
also borrow from time to time by the issue of such Treasury bills
such sums as may be required to pay off at maturity bills already
lawfully issued and outstanding.

3. The. principal moneys represented by the Treasury bills
issued under the provisions of this Ordinatice are hereby charged
upon and shall be payable out of the general revenues and assets
of the Colony.

4. The proceeds of the issue of the Treasury bills shall be
paid into the general revenues of the Colony.

5. Every Treasury bill issued under this Ordinance shall be
for the sum of $10,000 or a multiple of $10,000 and shall be
payable at par at such time or times as the Governor shall before
the issue of such Treasury bill fix and determine, but not later
than one year from the date of issue.

6. The Governor shall appropriate out of the general
revenues of the Colony the necessary sum to pay the principal
represented by the Treasury bills.

7. Upon repayment of the principal moneys represented by
the Treasury bills, the bills shall be delivered tip to the Govern-
ment of Hong Kong to be cancelled.
[6.9.35.] [1.7.33.] [4.12.36.] [1.1.33.] [Originally No. 5 of 1926.] Short title. Power to borrow by the issue of Treasury bills. Principal of bills. Proceeds of bills. Amounts and period of currency of bills. Repayment of bills. Cancellation of repaid bills.

[6.9.35.] [1.7.33.] [4.12.36.] [1.1.33.] [Originally No. 5 of 1926.] Short title. Power to borrow by the issue of Treasury bills. Principal of bills. Proceeds of bills. Amounts and period of currency of bills. Repayment of bills. Cancellation of repaid bills.

https://oelawhk.lib.hku.hk/items/show/1591

TELEPHONE ORDINANCE, 1925

No. 9 of 1925.

An Ordinance for the establishment of an improved telephone
service in the Colony.

[26th June, 1925.]

1. This Ordinance may be cited as the Telephone Ordinance,
1925.

2. In this Ordinance-,
Arbitrators ' includes an umpire appointed by the
arbitrators;

As amended by No. 9 of 1930 [15.8.30].





'Company' means 'Hong Kong Telephone Company
Limited ';

' Concession ' means sole right to supply telephonic corn-
munication which is granted to the company by this Ordinance;

Director ' means the Director of Public Works or his
duly authorized representative;

Person includes any person, firm, company or corpora-
tion

Peak District' includes all that area in the Island of
Hong Kong situated above the 700-feet contour and to the west
of a line drawn in a north and south direction through Middle
or Cemetery Gap, including the hills known as Mount Cameron,
Mount Gough, Mount Kellett and Victoria Peak;

' Street ' includes any square, court or alley, highway,
lane, road, or passage whether a, thoroughfare or not

' Subscriber ' means subscriber to a telephone of the com-
pany;

Undertaking ' includes all works, goods, trunk line
apparatus and cables and property of whatever nature belonging
to the company.

3. Subject to the provisions hereinafter contained the Gov-
ernment grants to the company the sole right to supply and
operate public telephonic communication within the Colony,
including trunk line telephonic communication therein for com-
municating with places outside the Colony, for the period of fifty
years commencing on and from the, 1st day of July, 1925. Such
trunk line telephonic communication shall include a right to
establish and maintain intercommunication with any commercial
radio telephony station outside the Colony lbut this right shall
be limited to the period during which intercommunication of the
same or like kind or nature is not provided through or by
some undertaking or service carried on or authorized by the
Government of the Colony or by His Majesty's Government in
the United Kingdom.

As amended by No. 14 of 1935 [22.3.35] and Law Rev. Ord., 1939,
Supp. Sched.





4. The company shall be and remain registered under the
Companies Ordinance, 1932, and its memorandum and first
articles of association shall be approved by the Governor *in
Council and neither its memorandum nor any of its articles of
association shall, at any time, be amended or added to in any
way, except with the previous consent in writing of the Governor
in Council.

-5. The directors of the company shall be not less than four
and not more than eight in number, and all the directors shall
be bona fide resident in Hong.Kong.

6.-(1) The capital of the company shall be $5,000,000
divided into 500,000 shares of $10 each, and the company shall
not, except with the previous consent of the Legislative Council,
make any further issue of shares or otherwise save as in, this
Ordinance provided in any manner whatever increase the moneys
employed in the company's undertaking beyond the sum of
$5,000,000.

(2) The company shall not issue any debentures or borrow
on mortgage except with the consent of the Legislative Council.

7. The company shall pay to the Accountant-General, as a
royalty for the concession, on the 1st day of July in every year
during the aforesaid period of fifty years, commencing on the
1st day of July, 1026,. the sum Of $4 in respect of each direct
exchange line telephone which has been used and paid for during
the whole previous twelve months by a subscriber. In cases,
where direct exchange line telephones have been used and paid
for by subscribers for periods of less than twelve months prior
to the ist day of July in each year, the amount of royalty to be
paid by the company shall be $1 for each direct exchange line
telephone for each period of three months or less during which
such telephone has been used and paid for by a subscriber.

8. Subject to the consent in writing of the Director and
subject also to the restrictions and,provisions hereinafter con-
tained and to such further conditions'as the Director may in any
particular*case impose or 'prescribe, the company may execute
works as follows-

As amended by Law Rev. Ord., 1939, Supp. Sched.





(a) it may Place and maintain telephone lines and cables
and ducts under any public street and may alter or remove the
same

(b) it may place and maintain telephone lines and cables
over, along or across any public street and may place and main-
tain posts in or upon any public street and may alter or remove
the same;

(c) it may, for the purposes aforesaid, open or break up
any public street

(d) it may place and maintain telephone lines and cables
and posts under, in, upon, over, along or across any unleased
Crown land or any estuary or branch of the sea or the shore or
bed of any tidal waters within the boundaries of the Colony (but
so that the same shall not hinder or interfere with navigation)
and may alter or remove the same;

(e) it may place and maintain telephone lihes and cables
under, in, upon, over, along or across railway tracks, tunnels
and other railway property belonging to the Government (but
so that the same shall not hinder or interfere with the railway
traffic) and may alter or remove the same:

Provided always that the company shall not be deemed to
acquire any right other than that of user only in the soil of
any street or unleased Crown land or any 'other place under,
in, upon, over, along or across which the company places or
maintains any works.

9. In the exercise of the authority conferred unnder section 8
the company shall do as little damage as may be, and shall make
full and reasonable compensation for all damage caused by reason
of or in consequence of the exercise of such authority.

10. The Government agrees to provide to the company, at
the company's expense, sites, to be approved by the Governor
in Council, for submarine cable terminal houses at suitable
points within the Colony and suitable sites', to be approved 'by
the Governor in Council, for the company's submarine cable
storage tanks.

The Government shall also provide, free of cost to the com-
pany, a suitable reserve or suitable reserves, in, which vessels





and craft may not anchor, for submarine cables of the company, such
reserve or reserves to be approved by the Governor in Council.

11. The depth, course and position at and in which any telephone lines
or cables, posts, inspection pits or any other Works are to be placed shall
be determined by the Director.

12. Every wire placed or maintained by the company, either overhead or
underground, shall, subject to the provisions of section 25, be on the
principle of a metallic return otherwise called the double wire system.

13. Every, underground 'tube, casing, wire or cable of the company,
hereafter placed or laid or relaid by the company, shall be so marked by the
company throughout its course as to distinguish it from the tubes,, casings,
pipes, wires or cables of every other person.

14. Every post of the company shall be of a pattern, design and material
approved by the Director.

15. No wire, stay, bracket, insulator or other thing whatsoever shall be
attached to any Government building except with the previous consent in
writing of the Director, or to any tree , except with the previous consent in
writing of the Superintendent of the Botanical and Forestry Department, and
the company shall not without the likeconsent of the said Superintendent lop,
top or fell any tree or shrub.

16.-(1) The company shall paint or otherwise legibly mark a
distinguishing mark on all its posts, and shall at all times, maintain the marks
in a legible condition.

(2) The company shall prepare and shall once in every year cause to
be duly corrected plans of its area of operation showing the lines, street
distributing boxes, posts and other works for the time being in position.

(3) Every such plan shall be drawn to such scale as the Director may
require: Provided that no particular scale shall be required unless maps of
the locality on that scale are for the time being available to the public or to
the company.

As amended by Law Rev.. Ord, 1939, Supp. Sched.





(4) Every plan so made or corrected or a copy thereof
marked with the date when it was so made or corrected shall be
kept by the company at its principal office or place of business
within the area of operation and shall at all reasonable times be
open to the inspection of any person.

(5) The company shall if required by the Director supply
to the Director free of charge a copy of every such plan, duly
coitrected so as to agree with the original kept at the principal
office or place of business of the company.

17. Every overhead wire or cable in any main thoroughfare
shall be carried at a height of not less than eighteen feet above
the ground except with the previous consent in writing of the
Director.

18. Every telephone line shall be maintained in a safe con-
dition both electrically and mechanically.

19. The insulation resistance of, the company's apparatus
shall not fall below the 'following standards as between con-,
ductors or between conductors and earth-

Main underground cables 500 megohms per mile.,
Cast iron distribution boxes
fitted - with vacuum dis-
charges and glass fuses 10 megohms.
Lead sheathed leading-in
cable.......................................... 100 megohms per mile.
Coil windings and wires of the
telephone set ..............10 megohms.
Subscribers' circuits ......200,000 megohms.

Exchange switchboard circuits 2 megolims.

The Governor in Council may however, by order published
in the Gazette, direct that any of the provisions of this section
be relaxed in any particular instance to such extent, and subject
to such conditions (if any) as he may think reasonable and
proper in all the circumstances.

As amended by Law' Rev, Ord, 1939, Supp. Sched.





20. All circuits and apparatus shall be so arranged that there
shall be -no danger of any part thereof becoming accidentally
chdrged to any pressure beyond the limits of pressure for which
it is intended.


21. Whenever the company leads a telephone or aerial line
across or in proximity to any telephone or telegraph wire or
aerial line belonging to any person the company shall ensure
that its telephone or aerial line is so protected as to guard against
the possibility of its coming into contact with the telephone or
telegraph wire or aerial line of.any such person.

22. After the company has opened or broken up any public
street it shall be under the following further obligations-

(a) it shall with all convenient speed complete the work on'
account of which it has opened or broken up the same, and fill
in the ground and remove all rubbish occasioned by its work;

(b) the surface of such street shall be made good by the
Director *and the company shall pay on demand to the
Accountant General such, sum as the Director may certify to be
the cost of such making good;

(c) it shall in the meantime cause the place where such
street is opened or broken up to be fenced and watched and to
be properly lighted at night;

(d) it shall pay to the Accountant-General any such sum
as may be certified by the Director to be the reasonable cost of
keeping such portion of the street in repair for six months after
the same is restored so far as such cost may be applicable to
and increased by such opening or breaking up:

Provided always that, if the . company fails, within such
period as the Director considers reasonable in the circumstances,
to complete the work on account whereof it has opened or broken
up such street and. to fill in the ground, it shall be lawful for
the Director, forthwith and without notice to the company, to
fill in the ground and remove all rubbish, and the 'Cost as certified
by the Director of any work executed by the Director under the
terms of this proviso shall be paid by the company on demand
to the Accountant-General.

As amended by Law Rev. Ord., 1939, Supp. Sched.





23. When the company opens or breaks up any street it
shall not remove, displace or interfere with any gas or water
pipe or main or any drain or sewer or any tube, casing, wire
or cable for the carriage of electrical current except with the
previous consent of the owner thereof: -

Provided that when any such owner refuses to give any such
consent as aforesaid, it shall be lawful for the'company to appeal
from such refusal to the Director, who shall, if he considers such
refusal to have been unreasonable, give a certificate under his
hand to the company to that effect, and upon receipt of such
certificate it shall be lawful for the company to act in every
respect as if the consent of such owner had been previously
obtained.

24. The company shall not have any claim in damages or
otherwise against the Government in respect of any disturbance
or interruption of any part of the company's undertaking, lines
or Works occasioned by any works on or excavation or dis-
turbance of streets or lands which the Governor in Council may
think it necessary or desirable to make for the purpose of
altering the level of any lands or the. gradient or level of ori
repairing or constructing any street, path or land or laying or
renewing drain *pipes or sewers, gas or water pipes or mains or
any tube, casing, wire or cable for the carriage of electrical
current or inspecting the same or for any other lawful purpose,
'whether of a like nature to the purposes aforesaid or not, or in
respect of any disturbance' or interruption occasioned by any
person using or making any works upon. or excayation or
disturbance of any streets or lands.

25. The company shall take all reasonable precautions to
prevent lightning discharges from entering any buildings in
which its telephones are installed or to which any wire, bracket
or other apparatus of the company is attached.

26. The company shall be answerable for and shall indem-
nify the Government against all claims on account,of accident,
damage or injury to property or to any person arising through
its act, neglect or default, or through the act, neglect or default
of its servants or of any contractor employed by it, or through

As amended by Law Rev. Ord., 1939, Supp. Sched.





or in consequence of any of the company's works under the
concession, or through the construction, maintenance,. repair or
operation of the company's telephone system, or through the
downfall of wires, cables, insulators, brackets, posts or any part
of its lines by reason of storm (if the damage caused by such
storm is due to the company's negligence) or any other cause
of whatever nature.or through the company's system interfering
with, injuring or impairing the efficiency of the undertaking of
any other person.

27. The company shall, within a reasonable tirne after
receipt of notice in writing from the Director, at the sole cost
and charges, of the company and in such manner as the Director
shall prescribe-

(a') alter the course, depth and position or the mode of
attachment of any of the company's lines or cables and the
position of any post or inspection pit or other works of the
company : save that the company shall not be required to alter
its ducts or main cables unless in the opinion of the Governor
in Council such alteration is necessary;

cause any line or cable to be protected, insulated-or
inclosed in order that the same may not affect, endanger or
interfere with any other telegraph line or cable or any line or
cable for the carriage of electrical current;

(c) where any such work as aforesaid necessitates the open-
ing or breaking up of any street, make good the surface thereof.

28. The'Director may, by notice in writing to the company,
require that all or any overhead lines shall be placed in cables
and that all or any overhead lines or cables shall be placed
underground, and upon receipt of notice in that behalf the
company shall, at its own cost and charges, within a reasonable
period not exceeding two years from the date of such notice,
carry out the works required by such notice:

Provided that the company shall only be required to place
its lines underground in those parts of its system in which twenty
or more wires can in the opinion of the Director be conveniently
grouped together, and the opinion of the Director in this respect
shall be conclusive and binding on.the company.

As amended hy Law Rev. Ord, 1939, Supp. Sebed.





29. The company shall at its own cost and charges place
underground where practicable its' wires or cables passing across
or along any street in the City of Victoria.

. 30. The company shall maintain and operate the public
telephone service in the Colony. The company shall also at all
times during the continuance of the concession provide and
maintain to the satisfaction of the Director a good, efficient
and continuous service of public telephonic communication with
modern appliances including all reasonable modern inventions.
The company shall likewise provide buildings for its plant and
offices, and shall keep in a good and sufficient state 'of repair all
lines, cables, posts, attachments, plant and appliances necessary
for the provision and maintenance of such service.

31.-(1) The Company shall establish at its own cost, and
keep in proper. condition such number of testing circuits as the
Director may reasonably require for the purpose of testing the
insulation resistance of the conductors, and shall supply and
keep in proper condition all such instruments.for testing as the
Director may approve, and shall supply energy to every testing
station for the purpose of testing.

(2) The company shall afford to the Director all facilities
for inspection and testing of its works and for the reading,
testing and inspection of its 'testing instruments, and may, 'on
each occasion of the testing of its works or the reading, testing or
inspection of any testing instruments, be represented by an agent
who may be present but shall not interfere with the reading,
testing or inspection.

(3) On the occasion of the testing of any works of the
company by the Director reasonable previous notice in writing
.thereof shall be given to the company, and the testing shall be
carried out at such suitable hours as in the opinion of the
Director will least interferewith the telephone service and in
such manner as the Director may think fit, but except under the
provisions of a written order made in each case in that behalf
by the Director no person shall be entitled to have access to or
interfere with the works of the company at any points other than
those at which the company itself has access to the same:

As amended by Law Rev. Ord., 1939, Supp. Sched.





Provided that the company shall not be held responsible
for any interruption of or. irregularity in tile telephone service
which may be occasioned by or required by the Director for the
purpose of any such testing as aforesaid:

Provided also that the testing shall not be made in regard
to any particular, portion of the works oftener than once in any
one year except in pursuance of a written order made in each
case in that behalf by the Director.

32. The company shall provide and equip to the satisfac-
-tion of the Director, in reinforced concrete and brick or similar
fire-resisting material, in locations suitable for the purpose at
Victoria, the Peak District, in the neighbourhood of Quarry
Bay, at Kowloon, New Kowloon and Taipo, and shall maintain
and operate, suitable and adequate telephone exchanges, capable
of expansion to meet the following requirements-

in the City of Victoria-10,000 subscribers;
in the Peak District-500 subscribers;

in the neighbourhood of Quarry Bay-1,000 subscribers;
in Kowloon-10,000 subscribers;

in New Kowloon-1,000 subscribers;
in Taipo-500 subscribers,

and the company shall from time to time furnish such exchanges
with all such fittings and apparatus as may be necessary to
meet the requirements of such respective areas.

The company shall also, within such period of'time as the
Governor in Council may decide to be reasonable and after
receipt of notice in that behalf from the Director, provide and
equip in like manner such further exchanges as the Director
may from time to time during the continuance of the concession
by notice in writing require, but such further exchanges need
not exceed in number two in that part of the Island of Hong
Kong outside the boundaries 'Of the City of Victoria and four
in the. New Territories. Each of such last mentioned exchanges
shall be adequate for the requirements of the area concerned
and shall be capable of such expansion as may appear to the
Governor, in Council to be reasonably necessary, and shall be

As amended by Law Rev. Ord., 1939, Supp. Sched.





furnished from time to time by the company.with all such fittings
and apparatus as may be necessary for the requirements of the
area concerned.

33. The company shall, within a reasonable time after the
receipt of a request in writing in that behalf from any person,
and upon the payment in advance, if demanded, of the com-
pany's usual charges and of any other moneys due under this
Ordinance from such person to the company, and the signature,
if required, of the company's usual form of agreement for an
exchange line, instal a telephone in such building within the
Colony as the requesting party may require, and shall connect
the same with the nearest exchange and accord to the requesting
person a good and continuous telephone service for so long as
that person continues to pay the company's usual charges on
the due date.

34. Whenever any system of wireless telephony is estab-
lished in the Colony the company shall, if so requested by the
Government, permit its system of telephony to be connected
therewith on such terms as the Governor in Council, after dis-
cussion with the company, considers reasonable.

35. The company shall be entitled to charge its subscribers
rates of subscription which, shall not exceed those specified in
the Schedule or such revised rates as are hereinafter, provided
for. Such subscription shall include the cost of erection and
fitting up of the lines and the installation of all necessary
receivers, transmitters, switches or other appliances and the con-
nexion thereof with the nearest exchange and also all necessary
repairs and renewals requisite for the maintenance of an efficient
and continuous service, with the exception of damage not
occasioned by fair wear and tear to telephonic apparatus inside
a subscriber's premises.

36. In the event of any subscriber having changed or being
about to change his address and requiring his telephone or line
to be removed from one place, office or address to another or
requiring the installation of a line and apparatus of a similar
type at his new address then upon his notifying the company of

As amended by No. 9 of 1930 [15.8.30].
As amended by Law Rev. Ord., 1939, Supp. Sched.





such his desire and upon payment of the charges in respect
thereofIset out in the Schedule the company shall, subject to
the provisions of section 33, carry out such removal or instal-
lation as aforesaid. In addition to the charges mentioned in this
section and the rates of subscription mentioned in section 35 the
company shall be entitled to. charge its subscribers In respect of
other services mentioned in the Schedule such charges as are
therein set out.

37. No subscriber shall be entitled to make trunk calls from
his telephone unless he has first notified the company in writing
of such his desire and unless he has deposited and kept deposited
such sum not exceeding twenty dollars as the company may
demand of him as security for charges in respect of such trunk
calls.

38.-(1) For the purposes of section 39, the net profits of
the company shall be the gross takings of the company, includ-
ing the takings in respect of trunk line services ', less the moneys
appropriated for the foliowing purposes, namely-

(i) interest on moneys borrowed by the company, includ-
ing interest on debenturesi
(ii) the sums payable yearly to the Accountant-General in
accordance* with section 7
(iii) working costs;
(iv) reasonable management, expenses;

(v) superannuation and provident funds;
(vi) maintenance and removal of works, apparatus and
other property of the company;
(vii) depreciation of buildings, plant, apparatus and other
property of the company, and

(viii) the appropriation of authorized sums io reserve.

(2) The amount to be written off or provided annually for
depreciation shall not exceed ten per cent. of the cost of the
company's plant and equipment other than land and buildings.
The deprec iation on land and buildings shall be such a sum or

As amended by No. 9 of 1930 [15.8.30].
As amended by No. 27 of 1933 [1.1.34].
As amended by Law Rev. Ord., 1939, Supp. Sched.





sums as shall be fixed by an architect approved by the Director
and the company.

The company shall be entitled. to make. an nual appro-
priations to reserve.' No such annual appropriation shall exceed
the sum of one hundred and seventy thousand four hundred and'
eighty-two dollars. The company shall have the power to deal
with the reserve in such manner as, it may think fit, save that it
shall not capitalize the same without the previous consent of, the
Legislative Council.

(4) The cost of making provision for the maintenance of
an efficient service shall not include any sums expended on works
where such expenditure is in the nature of capital outlay.

(5) Notwithstanding that in any year or other, accounting
period no allowance or a less allowance than that hereinbefore
authorized may have been made for depreciation or appropriation
to reserve, it shall not be lawful for'the.company to make in any
succeeding year or accounting period any. greater allowance for
those purposes than that hereinbefore authorized :
Provided always that nothing in this section shall be deemed
to authorize the, inclusion of accounts in respect of any trunk
line service opened by the company without the written sanction
of the Governor in Council or in respect of any trunk fine service
which in the opinion of thd Governor in Council is not being
managed, worked or conducted satisfactorily.

39. The net profits of the company as defined in section 38
shall be dealt with in the following manner, namely-
(a) in payment of a dividend on the paid-up capital for the
time being of the company which, save as provided in paragraph
shall not exceed twelve per cent. per annum;

(b) if the net profits be such that a larger dividend than
twelve per cent. per annum on the paid-up capital for the time
being of the company could be paid, the sum representing an
amount not exceeding a further six per cent. per annum upon
the paid-up capital for the time being of the company shall as to
one-half thereof be paid by way of increase of dividends to the
shareholders of the company and as to the balance thereof be set
aside for the benefit of subscribers by way of reduction of the
rates set out in the Schedule, or such revised rates as are herein-

As amended by Law Rev. Ord., 1939, Supp. Sched.





after provided for, and any further profits in excess of the said
further six per cent per annum shall be applied by the company
solely for the reduction of the rates. payable by subscribers, so
that the maximum dividend payable to the shareholders shall in
no circumstances whatever exceed fifteen per per annum
upon such paid-up capital as aforesaid;

(c) the rate of dividend shall not be increased by the pay-
ment of any bonus or by any other, colourable means-of increasing
the dividend, nor' shall 'any other'.shares or class of shares bearing
or capable of bearing higher rate of. interest be substituted;

(d )Any dispute,which may arise under section 38 or under
this section as to the amount of the net profits of the. company
or as to their dtsposal or division or as to their proper applica-
tion for the reduction of rates payable by subscribers shall be.
referred to arbitration under the provisionsof section 52.

40. It shall be lawful for. either the Government or the com-
pany from time to time to require from the other of them the
revision of the rates of subscription and other charges set forth
in the Schedule or for the time being in force: Provided that
there shall be a minimum interval of two years between every
revision of rates. Three months' previous notice in writing of
such requirement shall be given by the party requiring revision
to the other party and thereupon, and in default of agreement
between the pariies with regard to such revision, the matter
shall be preferred to arbitration in accordance with the provisions
of section 52. Either of the parties shall be entitled to place
before the arbitrators any evidence which such party thinks fit
relative to the subject of such application, and thi arbitrators
shall be entitled to require the company to produce such. books
as may be necessary and to require an investigation of and
report upon the company's affairs to be made and prepared, at
the cost of such party as may be decided by the arbitrators, by
such independent auditor as the arbitrators may think fit.

If the arbitrators are of opinion that the then existing
charges for subscriptions are insufficient to make provision for
the maintenance of an efficient service and for the payment for
the tinne being of a dividend of eight per cent. per annum on

As amended by No. 9 of 1930 [15.8.30] and Law Rev. Ord., 1939,
Supp. Sehed.





the paid-up capital for the time being of the company, the
arbitrators shall require and the Government shall permit such
charges to be increased to such sum as the arbitrators may
consider adequate to provide for such service and dividend as
aforesaid.

If however the arbitrators are of the opinion that the then
existing charges exceed the amount required to provide for the
time being for such service and a maximum dividend of fifteen
per cent. per annum on the paid-up capital for the time being
of the company, they shall require the company to reduce such
charges to such sum as the arbitrators consider adequate for the
provision of such service and payment of such dividend as
aforesaid, and the company shall forthwith reduce such charges
accordingly.

41. All lines, branch lines and extensions required by the
Government to be supplied by the company to the Government
shall be paid for in accordance with the rates of subscription
specified in the Schedule or such revised rates as are provided
for in section 40.

42.-(1) The company shall keep true and particular
accounts of and concerning all matters connected with the con-
cession and shall on the first day of July in every year deliver
to the Accountant-General a statement in writing, showing the
number of subscribers connected with each exchange and the
number of persons who have requested to be supplied with lines
during the preceding twelve months, and.also the names and
addresses of all persons who have requested to be supplied with
lines during the preceding six months and with whose request
the company has not complied. The company shall permit the
Accountant-General to inspect and take copies of or extracts from
the books of account, receipts, papers and documents in the
possession or under the control of the company and relating
wholly or in part to the subject-matter of this Ordinance. The
company shall cause all its books to be kept in. Hong Kong at
its registered office.

(2) The annual statement of accounts of the undertaking
shall be examined and audited by such person or persons as the
Governor in Council. may approve in this behalf.

1. As amended by Law Rev. Ord., 1939, Supp. Sched.





43. The company shall at all times during the continuance
of the concession permit the Director or his agent authorized
in writing in that behalf to enter the premises of the company
at all reasonable times and to inspect and take account of all
.plant, fittings, apparatus or other material thereon, and shall
upon written demand furnish to the Director all such particulars,
information and accounts relative to the conduct of the com-
pany's business and such other evidence as he may require of
the due performance by the company of its obligations under
this Ordinance.

44. If upon any reference to arbitration it is held that the
company has committed any breach of section 31 the arbitrators
shall require the company to pay to the Accountant-General such
sum as the Governor in Council thinks fit not exceeding one
hundred dollars for every such breach and such further sum as
the Governor in Council thinks fit not exceeding twenty dollars
for every month during which such breach continues after due
notice thereof has been given by the Government to the
company.

45. In the event of any breach by the company of any of
its obligations under this Ordinance or under any regulation
made thereunder, other than any such breach as is referred
to in section 33, the company shall, without prejudice to the
provisions of section 46, forfeit to the Government a penalty,
payable to the Accountant-General, of one hundred dollars per
day for every day during which such breach continues after the
company has received from the Director notice of any such
breach and has in the opinion of the Governor in Council had a
reasonable opportunity of reiiiedying the same.

46. If the company-

(a) fails or neglects to exectite and do all such assurances
and things as are necessary for performing its obligations under
this Ordinance; or

(b) goes into. liquidation (otherwise than for the purpose
of reconstruction); or

(c) ceases to carry on business; or

As amended by Law Rev. Ord., 1939, Supp. Sched.





(d) sells its undertaking or any part thereof or assigns the
benefit of the concession without the consent in writing of the
Governor in Council or if upon anv reference the arbitrators
find-

(i) that the system of the company has ceased to be in
regular operation for thirty-one consecutive days (except where
such cessation has in the opinion of the Governor in Council
been caused bv stress of weather or any other cause whatsoever
beyond the company's control), or

(ii) that the company has neglected to provide and main-
tain an efficient and continuous service of public telephonic
communication (and in particular has neglected to comply with
the provisions of sections 3o and 32 or any of them),

then and in any such event the Government shall issue, a notice
in writing' calling upon the company to show cause why the
concession should not be cancelled forthwith. The company
shall on receipt of such notice satisfy the Governor in Council
that it will rectify the default ' or neglect, failing which the
concession may be cancelled by the Governor in Council. In
the event of any dispute arising under this section the matter
shall be referred to arbitration as Provided for in section 52.

Upon such cancellation the rights, powers, benefit and
privileges of the company tinder this Ordinance shall cease and
determine forthwith and it shall be lawful but not obligatory for
the Government (without prejudice to any remedy against the
company for failure to comply with any of the provisions of this
Ordinance or of any regulation made thereunder) at any time
within three months after the service of such notice either-

(a) by notice in writing to require the company to remove
forthwith all works of a like nature to those specified in section 8
(with which notice the company shall comply as soon as reason-
ably may be); or

(b) on notice in writing to the company in that behalf
immediately to take over and purchase from the company the
undertaking of the company.

If the Government elects to take over and purchase the com-
pany's undertaking the company shall be deemed to have. sold.
such undertaking to the Government on, the date upon which






the Government gives notice of its intention to take over and
purchas e the same, and it shall be lawful for the Government
forthwith to enterin and upon the premises of the company
wheresoever situate and to exercise all acts of ownership over
all exchanges, plant,, apparatus, lines and cables and all other
property of the. company of whatsoever nature including any
contractual rights or obligations and all books of account or
other documents used by the company in its undertaking.

Upon any such taking over and purchase and at all times
thereafter the company shall on demand execute and do all such
assurances and things as may be reasonably required by the
Government for assuring and vesting the undertaking in the
Government or as it may direct.

The undertaking so taken over as aforesaid shall as soon as
reasonably possible be paid for by the Government in. accord-
ance with the then condition and value thereof and any dispute
or difference between the parties as to the amount so to be paid
shall be referred to arbitration in accordance with the provisions
of section 52.

Upon any such taking over the Government shall not be
compelled to purchase any plant, apparatus, machinery or any
oth.er property whatsoever of the company which is then obsolete
or unserviceable.

Upon any such taking over nothing shall be paid for or
allowed in.respect of the goodwill of the company's undertaking
or for any loss of estimated profits resultant on such taking over,
or for any profits whatever except up to and including the date
of such taking over.

The Government shall pay to the company interest at the
rate of eight per cent. per annum upon the amount of the
purchase money from the date of taking over until 'the date of
payment.

47. The concession is personal to the company, and the
company shall not, without the previous written consent of the
Governor in Council, assign, transfer, mortgage, charge, lease or
otherwise dispose of the concession or the benefit thereof or of

As amended by No. 9 of, 1930 [15.8.30] and Law Rev. Ord, 1939,
Supp. Sched.





any part thereof or of its undertaking or any part thereof to
any other person or grant any sub-licence in respebt of the con-
cession; and the Government shall not during the continuance
of the concession permit any person other than the company to
place or maintain telephone. lines or telephone wires: or cables
within the Colony or the waters thereof, except in the case of the
following telephone lines, namely-

(a) all telephone lines whatsoever which were bona^ fide in operation
on the 26th day of,June, 1925 ; and

(b) such telephone lines as may be constructed or maintained by the
Colonial Government or by the Imperial Government in connexion with their
Colonial and Imperial services; and

(c) telephone lines constructed or, maintained by 'Cable and Wireless,
Limited, and the Great Northern Telegraph Company, Limited, in accordance
with their agreements with or any licence from the Colonial or Imperial
Governments or any modification or renewal thereof; and

(d) such telephone lines as may be installed and maintained by any
person solely for the private use of such person in his business

Provided that it shall be lawful for the Governor in Council
or such person as he may authorize in that behalf, at any time
during the five years preceding the termination of this conces-
sion, to execute and do any works of a like nature to those
specified in section 8 and any other works which the Governor
in Council may think necessary or desirable for the purpose of
continuin- the supply of public telephonic communication after
the termination of the concession.

48. The company shall during the whole term of the concession carry
on its operations and use every endeavour to the company, its system as
though the concession were perpetual.

49.-(1) It shall be lawful but not obligatory for the Government by
notice in writing to the company, given not less than five years previous to
the date of the termination of the concession to require the company to
continue the supply of telephonic communication in like manner and upon
like terms

As arnexided by Law Rev. Ord,, 1939, Supp. Sched.





as in this Ordinance and in any regulation, made thereunder provided (and
particularly with the use of the most modern apparatus suitable for local '
conditions and climate) for a further period of twenty-five years and the
company shall, within six months of the date of such notice, inform the
Government in writing whether it is willing to continue such supply. If the
company so signifies its willingness to continue such supply then then
supply shall be.continued by the company for the further term of twenty-
five. years from the expiration of the concession in like rn.Lnner and upon
like terms as aforesaid save so far as such terms may be varied by mutual
agreement between the parties.

(2) If the company fails or neglects to inform the Government within the
prescribed period of its willingness to continue such supply, or declines
within such period to continue such supply in like manner and upon like
terms as aforesaid, then it shall be lawful for the Government, upon giving
the company six months previous notice in writing, to take over and
purchase from the company, on the expiration of the concession, the whole
or such part as the Governor in Council may think, fit of. the undertaking of
the company and upon, such taking over and purchase the terms of section
46 shall apply in all respects as if such taking over had been effected under
that section.

(3) Notwithstanding anything in this section it shall be lawful for the
Government, on giving to the company six months' notice in writing in that
behalf and without requiring the company to continue the supply under sub-
section (1), to take over and purchase from the company on the expiration of
the concession all or such part of the undertaking as the Governor in Council
thinks fit and all property of whatever kind used by the company in its
undertaking and upon such taking over and purchase the terms of section
46 shall apply in all respects as if such taking over and purchase had been
effected under that section.

50. Upon any taking over and purchase of the company's undertaking
by the Government the price to be paid by the Government shall be
determined by arbitration if the same cannot be agreed upon by the parties,
and due regard shall be

As amended by Law Rev. Ord., 1939, Supp. Sched.





had to hnd allowance made for the then value of land and build-
ings and to the then condition and value of plant, apparatus and
material, and compensation shall be allowed td the company
in respect of spare plant provided for the reasonably anticipated
future requirements of the undertaking.

51. if,upon the expiration of the concession. no arrange-
ments are made for the continuance of supply by the company
or if the Government does not elect to'take over and purchasc
the company's undertaking under the foregoing provisions in
that behalf, the Government may, on the expiration of the con-
cession, require the company to remove and the company shall
as soon as reasonably may be, and at its own cost, remove all
work's erected or made by the company in pursuance of this
Ordinance, and the company shall immediately upon such
removal make good all damage which may be done in effecting
such removal and make full compensation for all damage done
in like manner as if such, damage had been done in the exercise
of the authority contained in section 8.

52. Any claim under any of the provisions of this.Ordinance
other than section 45 by the Government or by any person
against any person'or the Government in respect of any matter
arising out of this Ordinance or any regulation made there-
under, and any dispute, difference, doubt or question which may
,arise touching the carrying out or the construction of any of the
provisions of this Ordinance or of any such regulation or as
to any matter in any way connected with or arising out of this
Ordinance or of any such regulation or the operation thereof or
the obligations, rights, duties or liabilities of the Government
or of any person in connexion with or arising out of the same,
shall be referred to arbitration, in accordance with the provisions
of the Code of Civil Procedure in the same way as if all the
parties concerned in any such claim, dispute, difference, doubt
or question had entered into a written agreement with one
another to submit the same to the arbitration of two arbitrators
in this Colony. '

53. Any notice, direction, request or order, required or
authorized by this Ordinance to be given to the company, may
be served by prepaid registered letter sent through the post to

As amended by Law Rev, Ord., 1939, 'Supp. Sched.





the last known place of business, . of the, company in, the'Colony,
and the same shall operate. And be deemed to. have been served.
at the expiration'of twerity-four hours from the time of being
put into, the Post Office, and proof that the letter was properly
addressed,' registered and posted shall be., sufficient evidence of
service.

54. Any notice, direction, request or order required or
authorized to be given by the Government may be signed by or
on behalf of the Colonial Secretary.

Nothing in this Ordinance shall relieve the com-
pany or any other person claiming any right theretindier from
being subject to any restrictions, regulations, provisions or
penalties which may hereafter be made or imposed by any Act
of the Imperial Parliament made applicable to the Colony or any
Ordinance, regulations or by-laws for the time being in force
in ' the Colony, and the company shall conform to the technical
instructions contained in the Post Office, London, Engineering
Department Handbooks XIII, and XIV.(Part I and Part II),
and IV in relation to the construction of aerial lines on roads
and railways, the construction of underground telegraph and
telephone lines and maintenance testing, so far as the same may
be capable of being applied to local conditions, and so far as
the same are not contrary to the provi sions of this Ordinance,
as if the same had been incorporated in and had formed part of
this Ordinance.

(2) 'Nothing in this Ordinance shall be deemed. to make it
obligatory for the Government to take over or purchase any
portion of the undertaking of the company situate outside the
Colony.

(3) Nothing in this Ordinance shall be construed as a grant
by the Government to the company of any, right, interest,
benefit, privilege or franchise outside the Colony, or as entitling
the company to make any claim whatsoever against the Govern-
ment in respect of any part of its undertaking outside the Colony.

56.-(1) The Governor in Council may make regulations
for the carrying out of the provisions of this Ordinance.

As amended by No. 9 of 1930 [15.8.30].
As amended by Law Rev. Ord., 1939, Supp. Sched.





(2) The company may from time to time, subject to the
approval of the Governor in Council,. make by-laws for the
carrying out of this Ordinance hnd.a breach of any such by-law
shall be punishable on summary conviction by a fine not
exceeding fifty -dollars.

57. Nothing in, this Ordinance shall affect or be deemed
to -affect the rights of His Majesty the King His Heirs or
Successors, or of any bodies politic or corporate', or other persons
except such as are mentioned in this Ordinance and those
claiming by, from or under them.

SCHEDULE. [ss. 35, 36, 39, 40.]

A. The following annual rates (payable quarterly in advance)
shall be paid by subscribers-

(i) $117 per exchange line within-

(a) Victoria and Kowloon, as defined by the Interpretation Ordin-
ance, 1911, and

(6) within the Peak District, as defined by the, Peak: District
(Residence) Ordinance, 19118, but substituting '700
feet ' for' 788 feet.'

(ii) $117 per exchange line within a radius of. one mile from any
exchange that may hereafter be opened outside the. areas referred to
in (i).

(iii) An additional charge of $50 per mile or part of . a mile
measured outwards from the nearest point of the boundary' of the
areas referred to in (i) and (ii).

(iv) $1 per indicator on a private branch exchange switchboard.

(v) $81 per power circuit to a private branch exchange switch-.
board.

(vi) $6 per single switch.

(vii) $30 per internal extension.

As amended by No. 9 of 1930 [15.8.30].
As, amended by Law Rev. Ord., 1939, Supp. Sched.





(viii) $40 per external extension of 50 yards.
(xi) $50 ' ' 100 '
(x) $60 200
(xi) $70 300
(Xii) $80 400
(Xiii) $90 600
(Xiv) $100 1 mile.
(xv) $140 1.5 miles.
(xvi.) $180 2
(xvii) $200 2.5
(xviii) $ 220 3
(xix) $240 3.5
(xx) $250 4

(xxi)$6 per extension bell, small.
(xxii) $12 ' ' large.
(xxiii) $12 per indicator and bell.

(xxiv) $12 per portable telephone for ship's use.
(xxv) $6 per watertight plug and socket.

(XXvi) For the provision and installation of every hand micro-tele-
phone-$12.00 per telephone.
Any subscriber requiring a hand micro-telephone to be installed
in a position different from that of his former instrument shall in
addition pay for such change of position according to the scale of
removal charaes in this Schedule.
(xx vii) For the provision and installation of every additional auto-
matic dial-$6.00 pet. dial.

(xxviii) For other services or apparatus of the like nature-at such
annual rates as the Governor in Council may approve.

B. The following charges shall he paid by subscribers for the

'External extension- means a connexion completed externally between a
main exchange line telephone or private branch exchange and a point
Situated in another building from a main line instrument or private
branch exchange; it includes the internal wiring and the lightning
protector connecting to the external wiring at the main office, the
external line (wliichM;Ly be cable or open wires or both) between
the main and extens on offices, also the lightning protector, internal
wiring and extension telephone at the extension or sub-office end of
the line.





removal of telephone lines and apparatus to, or the installation of
lines and apparatus of a similar type at, new positions-

(i) For removal of single telephone lines and a single telephone
from one place to.another in the same building-$5.00 per instru-
ment.

(ii) For removal of single telephone lines and a single telephone
from one building to another-$12.00 per instrument.

(iii) For removal of internal extensions either from one place to
another in the same building or from one building to another-$5 per
extension.

(iv) For removal of external extensions from one place to another
in the same building-$5 per extension.

(v) For removal of external extensions from one building to
another-$12 per extension.

(vi) For removal of extension bells, extension switches and
sockets, either from one place to another in the same building or from
one building to another-$5 per extension.

(vii) For removal of private branch exchange switchboards either
from one place to another in the building or from one building to
another and all other removals not specifically mentioned herein-
such sum calculated according to the work necessary as may be
agreed upon between the subscriber and the company.

C. The followhig charges shall be paid by subscribers for other
services performed by the company-

(i) For every trunk call between Hong Kong and Canton of three

minutes' or part of three minutes duration-$2; and for every
additional three minutes or part of three minutes--$2.

(ii) For all other services of whatsoever nature or kind performed
by the company-such charges as the Governor in Council may from
time to time approve.

No. 10-of 1925, incorporated in No. 5 of 1922.

No. 11 and 12 of 1925, repealed by Law Revision
Ordinance, 1939, Supp. Sched.

No. 13 of 1925, repealed by No. 42 Of 1932..
[Originally No. 9 of 1925. No. 9 of 1930. No. 27 of 1933. No. 14 of 1935. Law Rev. Ord., 1939.] Short title. Interpretation. Grant of telephone concession to the company for 50 years. Registration of articles of the company. Ordiance No. 39 of 1932. Number and residence of directors. Authorized capital of company; restriction on borrowing. Payement to Government. Power to execute works. Minimum of damage to be done; compensation to be paid. Government to provide facilities. Depth, course and position of works. Wires to be on metallic return principle. Marking of furture underground apparaturs. Posts to be of approved design and material. Restriction on attachements to public buildings or to trees. Overhead wires to be carried at height of least 18 feet. Telephone lines to be maintained in safe condition. Insulation resistance. Pressure on circuits and apparatus to be limited. Crossed services of others to be protected. Provisions as to completion and protection of works in public streets and payment of costs of surfacing. Restriction on company interfering with works of others. Company not to have claim against Government for disturbance of its works by certain specified works. Precautions to be taken to prevent lightning discharges entering buildings. Company to be answerable for and indemnify Government against claims. Company to alter works on notice. Overhead lins to be placed in cables and overhead lines and cables to be placed underground on notice. Wires in Victoria to be placed underground. Improved and efficient service to be provided and works kept in repair. Company to provide testing circuits, etc. Specified exchanges to be provided. Lines to be provided on request. Connexion of company's telephone system with wireless telephone system. Rates of subscription: matters covered by subscription. Schedule. Removal of lines and instruments on change of address. Schedule. Making of, and charges and security for, trunk calls. Computation of net profits. Authorized dividend and disposal of surplus profits. Schedule. Revision of rates. Schedule. Lines, etc., for Government service to be paid for at usual rates of subscription. Schedule. Company to keep and allow inspection of accounts. Company to permit inspection of works. Penalty for breach of secton 33. Penalty for breach by company of any of its obligations. Power for Government to take over the undertaking in certain events. [s. 46 contd.] Concession is not transferable and is exclusive. Company to operate as if tenure were perpetual. Procedure to be adopted on expiration of term of concession. Determination of amount of purchase money. Removal of works on expiration of licence in default of arrangement for continuance or sale. Reference to arbitration. Ordinance No. 3 of 1901. Service of notices, etc. Signature of notices. Reservation of liability to penalties imposed by law: applicability of Post Office, London, technical instructions: reservation of Government rights in respect of undertaking outside the Colony: limitation of company's rights, etc., to the Colony. Power to make regulations and by-laws. Saving of rights of the Crown and of certain other rights. [Sched. Contd.] [Sched. Contd.] [9.12.32.]

[Originally No. 9 of 1925. No. 9 of 1930. No. 27 of 1933. No. 14 of 1935. Law Rev. Ord., 1939.] Short title. Interpretation. Grant of telephone concession to the company for 50 years. Registration of articles of the company. Ordiance No. 39 of 1932. Number and residence of directors. Authorized capital of company; restriction on borrowing. Payement to Government. Power to execute works. Minimum of damage to be done; compensation to be paid. Government to provide facilities. Depth, course and position of works. Wires to be on metallic return principle. Marking of furture underground apparaturs. Posts to be of approved design and material. Restriction on attachements to public buildings or to trees. Overhead wires to be carried at height of least 18 feet. Telephone lines to be maintained in safe condition. Insulation resistance. Pressure on circuits and apparatus to be limited. Crossed services of others to be protected. Provisions as to completion and protection of works in public streets and payment of costs of surfacing. Restriction on company interfering with works of others. Company not to have claim against Government for disturbance of its works by certain specified works. Precautions to be taken to prevent lightning discharges entering buildings. Company to be answerable for and indemnify Government against claims. Company to alter works on notice. Overhead lins to be placed in cables and overhead lines and cables to be placed underground on notice. Wires in Victoria to be placed underground. Improved and efficient service to be provided and works kept in repair. Company to provide testing circuits, etc. Specified exchanges to be provided. Lines to be provided on request. Connexion of company's telephone system with wireless telephone system. Rates of subscription: matters covered by subscription. Schedule. Removal of lines and instruments on change of address. Schedule. Making of, and charges and security for, trunk calls. Computation of net profits. Authorized dividend and disposal of surplus profits. Schedule. Revision of rates. Schedule. Lines, etc., for Government service to be paid for at usual rates of subscription. Schedule. Company to keep and allow inspection of accounts. Company to permit inspection of works. Penalty for breach of secton 33. Penalty for breach by company of any of its obligations. Power for Government to take over the undertaking in certain events. [s. 46 contd.] Concession is not transferable and is exclusive. Company to operate as if tenure were perpetual. Procedure to be adopted on expiration of term of concession. Determination of amount of purchase money. Removal of works on expiration of licence in default of arrangement for continuance or sale. Reference to arbitration. Ordinance No. 3 of 1901. Service of notices, etc. Signature of notices. Reservation of liability to penalties imposed by law: applicability of Post Office, London, technical instructions: reservation of Government rights in respect of undertaking outside the Colony: limitation of company's rights, etc., to the Colony. Power to make regulations and by-laws. Saving of rights of the Crown and of certain other rights. [Sched. Contd.] [Sched. Contd.] [9.12.32.]

https://oelawhk.lib.hku.hk/items/show/1590

PETITES SOEURS DES PAUVRES, ST. PERN, BRETAGNE INCORPORATION ORDINANCE, 1925

No. 6 of 1925.
An Ordinance to Provide for the incorporation of the Mother
Superior in this Colony of the Society of the ' Pelites
Soeurs des Pauvres, St. Pern, Bretagne ', commonly
known as The Little Sisters of the Poor.

[22nd May, 1925.]

1. This Ordinance may be cited as the ' Petites Soeurs des
Pauvres, St. Pern, Bretagne' Incorporation Ordinance, 1925.

2. The Mother Superior for the time being in this Colony
of the Society of the Petites Soeurs des Pauvres, St. Pern,
Bretagne, 'shall be a corporation sole (hereinafter called the
corporation) and shall have the name of ' The Mother Superior





of the Petites Soeurs des Pauvres, St. Pern, Bretagne ' and by
that name shall and may sue and be sued in all courts in this
Colony and shall and may have and use a common seal.

3. (1) Subject to the licence of the Governor having been
previously obtained in each case, the corporation shall have
power to acquire, accept leases of, purchase, take, hold and
enjoy any lands, buildings, messuages or tenements of what
nature or kind soever and wheresoever situated in this Colony,
and also to invest moneys upon mortgage of any lands,
buildings, messuages or tenements, or upon the mortgages,
debentures, stocks, funds, shares or securities of any govern-
ment,, municipality, corporation or company, and also to
purchase, acquire and possess goods and chattels of what nature
and kind soever.

(2) The corporation. shall further have power by deed under
its seal to grant, sell, convey, assign, surrender, exchange,
partition, yield up, mortgage, demise, reassign, transfer or
otherwise dispose of any lands, buildings, messuages, tenements,
mortgages, debentures, stocks, funds, shares or securities, or
other goods and chattels whatsoever,' which are for the time
being vested in or belonging to the corporation, upon . such
terms as to the corporation may seem fit.

4. The legal estate in any property whatsoever, transferred
to the corporation in any Manner whatsoever, shall, in the event
of the death of the Mother Superior for the time being or in
the event of her ceasing to hold office as such Mother Superior,
pass to her successor in such office when appointed.

5. All deeds and -other instruments requiring the seal of
the corporation shall be sealed in the presence of the person
who is for the time being Mother Superior in this Colony of
the corporation or of her attorney duly authorized and such
deeds'and instruments and all other. documents, instruments ahd
writings requiring the signature of the corporation shall be
signed by surh Mother Superior or her attorney.

6.-(1) Whenever any person. is appointed to the office of
Mother Superior in this Colony of the corporation, such person

As amended by Law Rev. Ord., 1939, Supp. Sched.

shall, within three weeks after her appointment or within such
further time as may be allowed by the Governor, furnish to the
Governor satisfactory evidence of her appointment.

(2) A notification in the Gazette under the hand of the
Colonial Secretary that such evidence has been furnished to the
Governorby such person shall be conclusive evidence 'of such
appointment.

7. Nothing in this Ordinance shall affect or be deemed to
affect the rights of His Majesty the King his heirs and successors,
or the rights of any body politic or corporate or of any other
person except such as are mentioned in this Ordinance and those
claiming by, from or under them.

[Originally No. 6 of 1925. Law Rev. Ord., 1939.] Short title. Incorporation of the Mother Superior in Hong Kong of the Society of the Petites Soeurs des Pauvres, St. Pern, Bretaagne. Powers of corporation. Property transferred to corporation to pass to successors. Execution of doucments. Appointment of Mother Superior. Saving of rights of the Crown and others.

[Originally No. 6 of 1925. Law Rev. Ord., 1939.] Short title. Incorporation of the Mother Superior in Hong Kong of the Society of the Petites Soeurs des Pauvres, St. Pern, Bretaagne. Powers of corporation. Property transferred to corporation to pass to successors. Execution of doucments. Appointment of Mother Superior. Saving of rights of the Crown and others.

https://oelawhk.lib.hku.hk/items/show/1589

BISHOP OF VICTORIA INCORPORATION ORDINANCE, 1925

No. 8 of 1924, repealed by Law Revision
Ordinance, 1939, Supp. Sched.

No. 9 of 1924, repealed by No. 31 Of 1935.

No. 10 of 1924, iepealed by No. 40 of 1932.

No. 11 of 1924, incorporated in No. 11 Of 1922.

No. 12 of 1924, repealed by No. 18 Of 1936.

No. 13 of 1924, incorporated in NO. 25 Of 1923.

1925.
No. 1 of 1925, incorporated in No. 8 of 1921.

No.2 of 1925, incorporated in No. 1 of 1873.

No. 3 of 1925, incorporated in No. 19 Of 1912.

No. 4 of 1925.

An Ordinance to provide for the incorporation of the Bishop
of Victoria in the Colony of Hong Kong.

[6th. March, 1925.]

1. This Ordinance may be cited as the. Bishop of Victoria
Incorporation Ordinance, 1925.





2. The Right Reverend Charles Ridley Duppuy, Bishop
of Victoria in the Colony of Hong Kong, and his successors
in the said office of Bishop, shall be a corporation sole, herein-
after called the corporation, and shall have the name of 'The
Bishop of Victoria, Hong Kong ', and in that name shall have
perpetual succession, and shall and may sue and be sued in all
courts in the Colony and shall and may have and use an official
seal.

3.-(1) The corporation shall have power to acquire, accept
leases of, purchase, take, hold and enjoy any lands, building s,
messuages or tenements of what nature or kind soever and
wheresoever situated, and also to invest moneys upon mortgage
of any lands, buildings, messuages or tenements, pr upon the
mortgages, debentures, stocks, funds, shares or securities of any
government, municipality, corporation or company, and also to
purchase, acquire and possess vessels and other goods and
chattels of what nature and kind soever.

(2) The corporation. shall further have power by deed under
its seal to grant, selt, convey, assign, surrender, exchange,
partition, yield up, mortgage, demise, reassign, transfer or other-
wise dispose of any lands, buildings, messuages, tenements,
mortgages, debentures, stocks, funds, shares or securities,
vessels, or.other goods and chattels, which are for the time being
vested in or belonging to the corporation', upon such terms as to
the corporation may seem fit.

4. The legal estate in any property whatsoever, transferred
to the corporation in any manner whatsoever, shall, in the event
of the death of the ' Bishop of Victoria for the time being or in
the event of his ceasing to hold office as such Bishop, pass to his
successor in such office when appointed.

5. All deeds and other instruments requiring the corporate
seal of the corporation Shall also be signed by the Bishop of
Victoria for the time being.

6. Any instrument sealed with the corporate seal of the
corporation shall not by reason only of the use of such seal be
rendered liable to a higher stamp duty 'than if the corporation
sole were a 'natural person.

7. The piece or parcel of ground registered in the Land
Office as Inland Lot No. 76, now vested in the Most Honourable
and Right Reverend Randall Thomas by Divine Providence
Archbishop of Canterbury and Primate of all England, together
with all rights, easements and appurtenances belonging or
appertaining thereto or therewith usually held, occupied and
enjoyed, is hereby transferred to and vested in the corporation,
for the unexpired residue of the term of years created by the,
Crown lease thereof, subject to the payment of the rent and the
performance of the covenants and conditions reserved by and
contained in the Crown lease of the same, and subject to a
declaration of. trust given to His Excellency the Governor, dated
the 1st day of September, 1923, and registered in the Land
Office by Memorial No. 8798, freed and discharged as to the
Archbishop from all liability under or by virtue of the said lease
and declaration of trust or either of them.

8. Nothing in this Ordinance shall affect or be deemed to
affect the rights of His Majesty the King, his heirs or successors,
or the rights, of any body politic or corporate or of any other
person except such as are mentioned in this Ordinance and those
claiming by, from ot under them.
[23.8.35.] [1.1.33.] [1.10.36.] [Originally No. 4 of 1925.] Short title. Incorporation. Powers of corporation. Property transferred to corporation to pass to successors. Execution of documents. Stamp duty. Vesting of certain property. Saving of rights of the Crown and of certain other rights.