STAMP DUTIES MANAGEMENT ORDINANCE, 1911

No. 35 of 1911.

An Ordinance to consolidate and amend the law relating to
the management of stamp duties.

[25th August, 1911]

1. This Ordinance may be cited as the Stamp Duties
Management Ordinance, 1911.

2. All duties chargeable by law as stamp duties shall be
under the care and management of the Collector, and this
Ordinance shall apply to all such duties and to all fees which
are directed to be collected or received by means of stamps.

The provisions of this Ordinance apply to stamps used for denoting
entertainments duty : see No. 28 of 1930 [Entertainments Tax], s. 9.





3.-(1) The Collector may, with the approval of the
Governor in Council, grant.a licence to any person to deal in
unused stamps at any place to be named in the licence; and the
licence may at any time be revoked by the Collector.

(2) The licence shall specify the full name and place of
abode of the person to whom the same is granted, and a descrip-
tion of every house, shop or place in or at which he is authorized
to deal in unused stamps.

(3) Every such licence shall be subject to such conditions,
to be specified thereon, as the Collector may see fit to impose.

(4) Every person licensed to deal in stamps shall cause to
be visibly and legibly painted and shall keep so painted in letters
of not less than one inch in length on some conspicuous place
on the outside of the front of every house, shop or place in or
at which he is licensed to deal in unused stamps his full name
together with the words ' Licensed to sell stamps ', and for
every neglect or; omission so to do he shall upon summary con-
viction be liable to a fine not exceedi ng one hundred dollars.

4.-(1). Every person who, not being duly appointed to sell
and distribute stamps, deals in any manner in stamps, without
being licensed so to do, or at any house, shop or place not
specified in his licence, or in contravention of any condition of
his licence, shall upon summary conviction be liable to a fine
not exceeding two hundred dollars.

(2) Every person who, not being duly appointed to sell and
distribute stamps, or duly licensed to deal in stamps, has or puts
upon his premises either in the inside or on the outside thereof,
or upon any board or any material whatever exposed to public
view, and whether the same be affixed to his premises or not, any
letters importing or intending to import that he deals in stamps,
or is licensed so to do, shall upon summary conviction be liable
to a fine not exceeding one hundred dollars.

5.-(1) If the licence of any person to deal in stamps expires
or is revoked or if any person licensed to deal in stamps dies
or becomes bankrupt, and any such person at the expiration
or revocation of his licence, or at the time of his death or bank-

As amended by No. 45 of.1936 [27.11.36].
As amended by Law Rev. Ord., 1939.





ruptcy, has in his possession any stamps, such person, or his
executor or administrator, or the receiver or trustee or official
assignee under his bankruptcy, may, within six months after
the expiration or revocation of the licence or after the death or
bankruptcy, as the case may be, bring or send the stamps to the
Collector.

(2) The Collector may in any such case pay to the person
bringing or sending stamps the amount of the duty thereon, if
proof to his satisfaction is furnished that the same were actually
in the possession of the person whose licence has expired or
been , revoked, or so dying or becoming bankrupt, for the
purpose of sale, at the time of the expiration or revocation of the
licence or of his death or bankruptcy, and that the stamps were
purchased or procured by that person at any public office, or
from some person duly appointed to sell and distribute stamps
or duly licensed to deal in stamps.

6.-(1) Every person who, whether licensed to deal in
stamps or not, hawks or carries about for sale or exchange any
unused stamps shall, in addition to any other fine or penalty to
which he may be liable, incur upon summary conviction a fine
of two hundred dollars.

(2) All stamps which are found in the possession of the
offender shall be forfeited and shall be delivered to the Collector
to be disposed of as he thinks fit.

(3) Any officer of police may arrest a person found com-
mitting an offence against this section and take him before a
magistrate who shall hear and determine the matter.

Allowance for spoiled stamps.

7. Subject to such regulations as the Governor in Council
may make and to the production of such evidence by statutory
declaration or otherwise as the Collector may require, allowance
shall be made by the Collector for stamps spoiled in the cases
hereinafter mentioned-

(i) the stamp on any material inadvertently and unde-
signedly spoiled, obliterated or by any means rendered unfit for
the purpose intended, before the material bears the signature of

As amended by Law Rev. Ord., 1939.





any person or any instrument written thereon is executed by any
party;

(2) any adhesive stamp which has been inadvertently and
undesignedly spoiled or rendered unfit for use and has not in
the opinion. of the Collector been affixed to any material;

(3) any adhesive stamp representing a fee capable of being
collected by means of such stamp which has been affixed to
material: Provided that a certificate from the proper officer is
produced to the effect that the allowance should be made.

(4) the stamp on any bill of exchange signed by or on
behalf of the drawer which has not been accepted or made use of
in any manner whatever or delivered out of his hands for any
purpose other than by way of tender for acceptance;

(5) the stamp on any promissory note signed by or on
behalf of the maker which has not been made use of in any
manner whatever or delivered out of his hands;

(6) the stamp on any bill of exchange or promissory note
which from any omission or error has been spoiled or rendered
useless, although the same, being a bill of exchange, may have
been accepted or indorsed or, being a promissory note, may have
been delivered to the payee: Provided that another completed
and duly stamped bill of exchange or promissory note is pro-
duced identical in every particular, except in the correction of
the error or omission, with the spoiled bill or note;

(7) the stamp used for any instrument executed by any
party thereto-

(a) but afterwards found to be absolutely void from the
beginning;

(b) but afterwards found unfit, by reason of any error or
mistake therein, for the purpose originally intended

(c) which has not been made use of for any purpose what-
ever and which, by reason of the inability or refusal of some
necessary party to sign the same or to complete the transaction
according to the instrument, is incomplete and insufficient for
the purpose for which it was intended;

(d) which by reason of the refusal of any person to act
under the same, or for want of enrolment or registration within





the time required by law, fails of its intended purpose or becomes
void

(e) which is inadvertently and undesignedly spoiled, and in
lieu whereof another instrument made between the same parties
and for the same purpose is executed and duly stamped, or which
becomes useless in consequence of the transaction intended to be
thereby effected being effected by some other instrument duly
stamped.:

Provided as follows-

(1) that the application for relief is made within six months
after the stamp has been spoiled or become useless, or in the
case of an executed instrument after the date of the instrument,
or if it is not dated, within six months after the exeution thereof
by the person 'by whom it was first or alone executed or within
such further time as the Collector may prescribe in the case of
any instrument sent abroad for execution, or when from unavoid-
able circumstances any instrument for which another has been
substituted cannot he produced within the said period

(2) that in the case of an executed instrument no legal
proceeding has been commenced in which the instrument could
or would have been given or offered in evidence, and that the
instrument is given up to be cancelled.

8. When any person has inadvertently used for an instru-
ment liable to duty a stamp of greater value than was necessary
or has inadvertently used a stamp for an instruffient not liable
to any duty, the Collector may on application made within two
years after the date of the instrument, or if it is not dated, within
six months after the execution thereof by the person by whom
it was first or alone executed, and upon the instrument, if liable
to duty, being stamped with the proper duty, cancel and allow
as spoiled the stamp so misused.

9. In any case in which allowance is made for spoiled or
misused stamps the Collector may give in lieu thereof other
stamps of the same denomination and value, or if required and
he thinks proper, stamps of any other denomination to the same
amount in value.





Offences relating to stamps.

10. Every person who does, or causes or procures to be
done, or knowingly aids, abets or assists in doing, any of the
acts following-

(i) fraudulently alters a die or stamp or surcharges any
stamp without proper authority, or forges, alters, erases, removes
or cancels the-authorized surcharge on any stamp; or

(2) fraudulently prints or makes an impression upon any
material from a genuine die; or

(3) fraudulently cuts, tears or in any way removes from
any material any stamp, with intent that any illegal use should
be made of such stamp or of any part thereof; or

(4) fraudulently removes or causes to be reinoved from any
instrument any adhesive stamp, or illegally affixes to any other
instrument or illegally uses for any postal purpose any adhesive
stamp which has been so removed, with intent that the stamp
may be used again; or

(5) fraudulently mutilates any stamp, with intent that any
use should be made of any part of such stamp; or

(6) fraudulently fixes or places upon any material, or upon
any stamp, any stamp or part of a stamp which, whether
fraudulently or not, has been cut, torn or in any way removed
from any other material or out of or from any other stamp ; or

(7) fraudulently erases or otherwise either really or appar
ently removes from any stamped material any name, sum, date
or other matter or thing whatsoever written thereon, with the
intent that any use should be made of the stamp upon such
material ; or wilfully removes or attempts to remove from any
adhesive stamp any cancelling marks thereon; or

(8) sells or offers for sale, or utters, any adhesive stamp
which has, been so removed, or utters any instrument having
thereon any adhesive stamp which has to his knowledge been so
removed as aforesaid; or

(9) knowingly sells or exposes for sale or utters or uses any
forged stamp, or any stamp which has been fraudulently printed
or impressed from a genuine die; or any stamp frorn which

As amended by law Rev. Ord., 1939.





cancelling marks have been wholly or partially removed; or any
stamp the surcharge on which has been forged, altered, erased,
removed or cancelled; or

(10) knowingly, and without lawful excuse, has in his
possession any forged die or stamp or any stamp which has been
fraudulently printed or impressed from a genuine die, or any
stamp or part of a stamp which has been fraudulently cut, torn
or otherwise removed from any material, or any stamp which
has been fraudulently mutilated, or any stamp the surcharge on
which has been forged, altered, erased, removed or cancelled,
or any stamped material out of which any name, sum, date or
other matter or thing has been fraudulently erased or otherwise
either really or apparently removed,

shall be guilty of felony and shall be liable to imprisonment for
any term not exceeding seven years.

11. Every person who, without lawful authority or excuse-
(1) makes or causes or procures to be made, or aids or assists
in making or knowingly has in his custody or possession, any
paper in the substance of which appear any words, letters,
figures, marks, lines, threads or other devices peculiar to and
appearing in the substance of any paper provided or used by or
under the direction of the Collector for receiving the impression
of any die, or any part of such words, letters, figures, marks,
lines, threads or other devices, and intended to imitate or pass
for the same; or
(2) causes or assists in causing any such words, letters,
figures, marks, lines, threads or devices as aforesaid, or part
of such words, letters, figures, marks, lines, threads or other
devices, and intended to imitatb or pass for the same, to appear
in the substance of any paper whatever,

shall be guilty of felony and shall be liable to imprisonment for
any term not exceeding two years.

12. Every person who, without lawful authority or excuse,
purchases or receives or knowingly has in his custody or

(i) any paper manufactured and provided by or under the
direction of the Collector, for the purpose of being used for

As amended by Law Rev. Ord., 1939.





receiving the impression of any die before such paper has been
duly stamped and,issued for public use; or

(2) any plate, die, dandy-roller, mould or other implement
peculiarly used in the manufacture of any such paper,

shall be guilty of a misdemeanor and shall be liable to imprison-
ment for any term not exceeding two years.

13. On information given before a magistrate upon oath that
there is just cause to suspect any person of being guilty of any
of the offences aforesaid, such magistrate may, by warrant, cause
every house, room, shop, building or place belonging to or
occupied by the suspected person, or where he is suspected of
being or having been in any way engaged or concerned in the
commission of any such offence or of secreting any machinery,
implements or utensils applicable to the commission of any such
offence, to be searched by a European police officer, and if upon
such search any of the said several matters and things are found,
the same may be seized and carried away and. shall be delivered
over to the Collector.

14.-(1) Any magistrate who has reason to believe that
any stamps have been concealed or deposited may, upon reason-
able suspicion that the same have been stolen or fraudulently
obtained, issue his warrant to a European police officer for the
seizure thereof and for apprehending and bringing before a
magistrate the person in whose possession or custody the stamps
may be found, to be, dealt with according to law.

(2) If the person does not satisfactorily account for the
possession of the stamps or if it does not appear that the same
were lawfully purchased by him, the stamps shall be forfeited
and shall be delivered over to the Collector:

(3) Provided that, if at any time within six months after the
delivery any person makes out to the satisfaction of the Collector
that any stamps so forfeited were stolen or otherwise fraudulently
obtained from him, such stamps may be delivered up to him.

15.-(1) If any forged stamps are found in the possession.
of any person appointed to sell and distribute stamps, or being
or having been licensed to deal in stamps, that person shall be
deemed and taken, unless the contrary is satisfactorily proved,
to have had the same in his possession knowing, them to be





forged and with intent to sell, use or utter them, and shall be
liable to the punishment imposed by law upon a person selling,
using, uttering or having in possession forged stamps knowing
the same to be forged.

(2) If a magistrate has cause to suspect any such person
of having in his possession any forged stamps, he may, by
warrant, authorize any European police officer to enter, between
9 a.m. and 7 p.m., into any house, room, shop or building of
or belonging to the suspected person, and if on demand of
admittance, and notice of the warrant, the door of the house,
room, shop or building, or any inner door thereof, is not opened,
the police officer may break open the same and search for and
seize any stamps that may be found therein or in the custody or
possession of the suspected person.

(3), All police officers are hereby required, upon request by
any person so authorized, to aid and assist in the execution of
the warrant.

(4) Every person who-

(a) refuses to permit any such search or seizure to be made
as aforesaid; or

(b) assaults, opposes, molests or obstructs any person so
authorized in the due execution of the powers conferred by this
section, or any person acting in his aid or assistance,

and every police officer who upon any such request as aforesaid
refuses or neglects to aid and assist any person so authorized in
the due execution of his powers, shall upon summary conviction
be liable to a fine of five hundred dollars.

16. Where stamps are seized under a warrant, the person
authorized by the warrant shall, if required, give to the person
in whose custody or possession the stamps are found ail acknow-
ledgment of the number, particulars and amount of the stamps
and permit the stamps to be marked before the removal thereof.

17. Every person who by any writing in any manner defaces
any adhesive stamp before it is used shall upon summary con-
viction be liable to a fine of fifty dollars : Provided that any,
person may with the express sanction of the Collector, and in
conformity with the conditions which he may prescribe, write






upon or otherwise appropriate an adhesive stamp before it is
used for the purpose of identification thereof.

18. Every person who practises or is concerned in any
fraudulent act, contrivance or device, not specially provided for
by law, with intent to defraud His Majesty of any duty shall
upon summary conviction be liable to a fine of five hundred
dollars.

Miscellaneous.

19. Whenever the Collector determines to discontinue the
use of any die and provides a new die to be used in lieu thereof
and gives public notice thereof in the Gazette, then from 'and
after any day to be stated in the notice (such day not being
within one month after the same is so published) the new die
shall be the only lawful Oie for denoting the duty chargeable in
any case in which the discontinued die would have been used;
and every instrument first executed by any person or bearing
date after the day so stated and stamped with the discontinued die
shall be deemed to be not duly stamped:

Provided that-

(a) if any instrument stamped as last aforesaid, and first
executed after the day so stated at any place out of the Colony,
is brought to the Collector within fourteen days after it has
been received in the Colony then upon proof of the facts to the
satisfaction of the Collector the stamp thereon shall be cancelled
and the instrument shall be stamped with the same amount of
duty by means of the lawful die, without the payment of any
penalty;

(b) all persons having in their possession any material
stamped with the discontinued die, and which by reason of the
providing of such new die has been rendered useless may, at
any time within six months after the day stated in the notice,
send the same to the Collector who may thereupon cause the
stamp on such material to be cancelled and the same material,
or if the Collector thinks fit, any other material, to be stamped
with the new die, in lieu of and to an equal amount with the
stamp so cancelled.

Fornotice of discontinuance from 31.12.33 of dies bearing the effigy of
His lite Majesty King Edward VII see G.N. 606 of 8.9.33.





20. The provisions of this Ordinance in reference to offences
relating to stamps shall apply to any label provided by Govern-
ment for denoting any duty of customs or excise, and any label
so provided shall be deemed to be included in the term ' stamp
as defined by this Ordinance.

21. In this Ordinance,

(a) ' Collector ' means the Collector of Stamp Revenue;

(b) ' Die' includes any plate, type, tool or implement
whatsoever used in the manufacture of any adhesive stamp or
for expressing or denoting any duty or rate of duty or the fact
that any duty or rate of duty or penafty has been paid or that
an instrument is duly stamped or is not chargeable with any duty
or for denoting any, fee, and also any part of any such plate,,
type, toot or implement;

(c) ' Duty' means any stamp duty chargeable by law,
including postage ;

(d) ' Executed ' and ' execution ', with reference to in-
struments not under seal, mean signed and signature

(e) it Forge ' and ' forged ' include counterfeit and counter-
feited or fictitious

(f) Instrument ' includes every written document

(g) Material ' includes every sort of material upon which
words or figures can be expressed ;

(h) ' Stamp', means as well a stamp impressed by means
of a die as an adhesive stamp for denoting any duty or fee, and
shall include any label or stamp for denoting a rate of postage,
or any envelope, wrapper, card, form or paper, words, letters or
marks, purporting to authorize the transmission by post of any
correspondence, whether such stamp is issued by the Govern-
ment of Hong Kong or by the Postmaster General of the United
Kingdom or by the Government of any British possession or of
any foreign country;

(i) ' Stamped ' is applicable as well to instruments and
material impressed with stamps by means of a die as to instru-
ments and material having adhesive stamps affixed thereto.





22. The Postmaster General shall have and shall be entitled
to. exercise all the powers of the Collector under this Ordinance
in respect of all matters affecting the Post Office of the Colony.

No. 36 of 1911, incorporated in No. 3 of 1901.

No. 37 of 1911, incorporated in No. 4 of 1897.

No. 38 ot 1911, repealed by No. 31 of 1930.

No. 39 of 1911, incorporated in No. 23 of 1909,
repealed by No. 4 of 1914.

No. 40 of 1911, repealed by No. 35 of 1912

No. 41 of 1911, incorporated in No. 2 of 1900,
repealed by No. 2 of 1933.

No. 42 of 1911, repealed by No. 43 of 1912.

No. 43 of 1911, incorporated in No. 1 of 1872.

No. 44 of 1911, incorporated in No. 21 of 1909.

No. 45 of 1911, incorporated in, No. 1 of 1911.

No. 46 of 1911, incorporated in No. 9 of 1911
repealed by No. 36 of 1931.

No. 47 of 1011, repealed by No. 8 Of 1920.

No. 48 of 1911, incorporated in No. 10 of 1899.

No. 49 of 1911, repealed by No. 8 of 1912.

Nos. 50 and 51 of 1911, incorporated generally.

No. 52 of 1911, incorporated in No. 10 of 1886.
[Originally No. 35 of 1911. No. 45 of 1936. Law Rev. Ord., 1939.] Short title. Ordinance to apply to all stamp duties. 54 & 55 Vict. C. 38, s. 1. Licences to deal in stamps. 54 & 55 Vict. C. 38, s. 3. Penalty for unauthorized dealing in stamps, etc. 54 & 55 Vict. C. 38, s. 4. Provisions as to determination of a licence. 54 & 55 Vict. C. 38, s. 5. Penalty for hawking stamps. 54 & 55 Vict. C. 38, s. 6. Procedure for obtaining allowance for spoiled stamps. 54 & 55 Vict. C. 38, s. 9. [s. 7 contd.] Allowance for misused stamps. 54 & 55 Vict. C. 38, s. 10. Allowance, how to be made. 54 & 55 Vict. C. 38, s. 11. Certain offences in relation to dies and stamps to be felonies. 54 & 55 Vict. C. 38, s. 13. 54 & 55 Vict. C. 39, s. 9 (1) (a). 54 & 55 Vict. C. 39, s. 9 (1) (b). Making paper in imitation of paper used for stamp duties. 54 & 55 Vict. C. 38, s. 14. Possession of paper, plates or dies used for stamp duties. 54 & 55 Vict. C. 38, s. 15. Proceedings for detection of forged dies, etc. 54 & 55 Vict. C. 38, s. 16. Proceedings for detection of stamps stolen or obtained fraudulently. 54 & 55 Vict. C. 38, s. 17. Licensed person in possession of forged stamps to be presumed guilty. 54 & 55 Vict. C. 38, s. 18. Mode of proceeding when stamps are seized. 54 & 55 Vict. C. 38, s. 19. As to defacement of adhesive stamps. 54 & 55 Vict. C. 38, s. 20. Penalty for frauds in relation to duties. 54 & 55 Vict. C. 38, s. 21. As to discontinuance of dies. 54 7 55 Vict. C. 38, s. 22. Application of Ordinance to customs and excise labels. 54 7 55 Vict. C. 38, s. 23. Interpretation. 54 & 55 Vict. C. 38, s. 27. [cf. S. 20.] Postmaster General to have powers of Collector in matters affecting Post Office. [12.12.30.]

[Originally No. 35 of 1911. No. 45 of 1936. Law Rev. Ord., 1939.] Short title. Ordinance to apply to all stamp duties. 54 & 55 Vict. C. 38, s. 1. Licences to deal in stamps. 54 & 55 Vict. C. 38, s. 3. Penalty for unauthorized dealing in stamps, etc. 54 & 55 Vict. C. 38, s. 4. Provisions as to determination of a licence. 54 & 55 Vict. C. 38, s. 5. Penalty for hawking stamps. 54 & 55 Vict. C. 38, s. 6. Procedure for obtaining allowance for spoiled stamps. 54 & 55 Vict. C. 38, s. 9. [s. 7 contd.] Allowance for misused stamps. 54 & 55 Vict. C. 38, s. 10. Allowance, how to be made. 54 & 55 Vict. C. 38, s. 11. Certain offences in relation to dies and stamps to be felonies. 54 & 55 Vict. C. 38, s. 13. 54 & 55 Vict. C. 39, s. 9 (1) (a). 54 & 55 Vict. C. 39, s. 9 (1) (b). Making paper in imitation of paper used for stamp duties. 54 & 55 Vict. C. 38, s. 14. Possession of paper, plates or dies used for stamp duties. 54 & 55 Vict. C. 38, s. 15. Proceedings for detection of forged dies, etc. 54 & 55 Vict. C. 38, s. 16. Proceedings for detection of stamps stolen or obtained fraudulently. 54 & 55 Vict. C. 38, s. 17. Licensed person in possession of forged stamps to be presumed guilty. 54 & 55 Vict. C. 38, s. 18. Mode of proceeding when stamps are seized. 54 & 55 Vict. C. 38, s. 19. As to defacement of adhesive stamps. 54 & 55 Vict. C. 38, s. 20. Penalty for frauds in relation to duties. 54 & 55 Vict. C. 38, s. 21. As to discontinuance of dies. 54 7 55 Vict. C. 38, s. 22. Application of Ordinance to customs and excise labels. 54 7 55 Vict. C. 38, s. 23. Interpretation. 54 & 55 Vict. C. 38, s. 27. [cf. S. 20.] Postmaster General to have powers of Collector in matters affecting Post Office. [12.12.30.]

https://oelawhk.lib.hku.hk/items/show/1514

INTERPRETATION ORDINANCE, 1911

No. 31 of 1911.

An Ordinance to amend and codify the law as to the
interpretation of terms and as to common forms used
in Ordinances.

[28th August, 1913.]

1. This Ordinance may be cited as the Interpretation
Ordinance, 1911.

2. This Ordinance shall apply to the Colony of Hong Kong
and its dependencies, including the New Territories,. unless it is.
otherwise expressed.

As amended by Law Rev. Ord., 1939.





PART I.

Of Ordinances generally.

3. All Ordinances now in force and all future Ordinances
shall extend to the New Territories unless it otherwise appears
from express provision or by necessary implication.

4. The provisions of this Ordinance shall, unless the contrary
intention appears or unless iDtherwise expressly provided, apply-

(1) to this Ordinance and to all future Ordinances;
(2) to Ordinances now in force; and

(3) generally, to all enactments.

5. Every Ordinance shall, unless otherwise provided therein,
come into operation on the day of its publication in the Gazette.

[s. 6, rep. No. 43 of 1912.]

7. The word ' commencement ', when used with reference
to any enactment, shall mean the day on which the enactment
comes into operation.

8. Where any enactment, or any proclamation, notice, order,
warrant, scheme or letters patent, made, granted, or issued,
under a power conferred by any enactment, or by any competent
authority, is expressed to come into operation on a particular
day, the same shall be construed as coming into operation on the
expiration of the previous day.

9.Where an Ordinance confers power to make any appoint-
ment, to make, grant or issue any instrument, that is to say,
any Order in Council, order, warrant, scheme, letters patent,
rules, regulations or by-laws, to give notices, to prescribe forms,
or to do any other thing for the purposes of the Ordinance, that
power may, unless the contrary, intention appears, be exercised
at any time after the passing of the Ordinance, subject to this
restriction, that any instrument made under the power, shall not,

As amended by Law Rev. Ord., 1939,





unless the contrary intention appears in the Ordinance or the
contrary is necessary for bringing the Ordinance into operation,
come into operation until the Ordinance comes into operation.

10.-(1) In all.Ordinances there shall be a short title, and
in all references to Ordinances in any enactment or in any legal
document it shall be sufficient, but not essential, to mention the
short title thereto, together with the number of the section referred
to.

(2) Where however the short title is not used, it shall be
lawful to indicate any Ordinance referred to as aforesaid by
the serial number of the year in which it was passed, together
with such year, an d the number of the section referred to, as the
same appear in the Ordinances of Hong Kong (1937 edition),
prepared under authority of the Ordinances and Regulations
of Hong Kong (1937 edition) Ordinance, 1936.

(3) Where the reference to any Ordinance is to any line
in any section thereof, it shall be held to refer, in the case of
Ordinances included in the Ordinances of Hong Kong (1937
edition), prepared under authority of the Ordinances and
Regulations of Hong Kong (1937 edition) Ordinance, 1936, to
the line of such section as printed therein, and in the case of
Ordinances passed after the year 1937 to the line of such section
as printed in the copy deposited in the Registry of the Supreme
Court.

PART II.

Of Tepeals.

11-(1) Where any Ordinance repeals wholly or in part any
former enactment and substitutes other provisions therefor, the
repealed enactment shall remain in force until the substituted
provisions come into operation.
(2) Where any Ordinance, or any part of an Ordinance, is
repealed, all proclamations, orders, notices, rules, regulations
and, formissued, made or prescribed in virtue thereof shall
remain in force, so far as they are not inconsistent with the
provisions of the repealing Ordinance and unless the contrary
intention appears, until they have been repealed or replaced by

As amended by Law Rev. Ord., 1939.





proclamations, orders, notices, rules, regulations or forms, as
the case may be, issued, made or prescribed under the provisions
of the said repealing Ordinance.

12. The repeal of any enactment shall not, unless the contrary
intention appears-

(a) revive anyt hing not in force or existing at the time at
which the repeal takes effect; or

(b) affect the previous operation. of any enactment so
repealed, or anything duly done or stiffered under any enactment
so repealed; or

(c) affect any right, privilege, obligation or liability acquired,
accrued or incurred under any enactment so repealed ; or

(d) affect any penalty, forfeiture or punishment incurred
in respect of any offence committed against any enactment so
repealed;- or

(e) affect any investigation, legal proceeding or remedy in
respect of any such right, privilege, obligation, liability, penalty,
forfeiture or punishment as aforesaid; and any such investigation,
legal proceeding or rernedy may be instituted, continued or
enforced, and any such penalty, forfeiture or punishment may
be imposed, as if the repealing Ordinance had not been passed:

Provided that, where the penalty, forfeiture or punishment
imposed by the repealing Ordinance is heavier than that imposed
by the repealed enactment, the provisions by which the lighter
penalty, forfeiture or punishment is imposed shall, unless such
repealing enactment otherwise provides, be applied if the court
decides to inflict any punishment.

13. When any Ordinance which repeals in whole or in part
any earlier Ordinance is itself repealed, such last repeal shall
not be construed as reviving the enactment previously repealed,
unless such revival be expressly enacted.

14. Where any Ordinance repeals and re-enacts, with or
without modification, any provisions of a former Ordinance,
references in any other Ordinance to the provisions so repealed
shall, unless the contrary intention appears, be construed as
reference to the provisions so re-enacted.





15, Where any statute of the Imperial Parliament repeals
and re-enacts, with or without modification, any provisions of
a former statute of the Imperial Parliament, references in any
Ordinance to the provisions so repealed shall, unless there is
any provision in the repealing statute from which the contrary
intention appears, be constiued as references to the provisions so
re-enacted.

16. Any Ordinance which amends, repeals or adds to the
provisions of a former Ordinance shall, unless the contrary
intention appears, be read 'and construed as forming part of the
Ordinance so affected.

17. Whenever any enactment.is disallowed by. His Majesty
such disallowance shall be notified by the Governor in the
Gazette; and: from and after the date of such notification the
enactment, and all proclam4tions, orders, notices, rules, regula-
tions or other like documents made thereunder, shall cease to
have effect:

Provided always that the provisions ofsection 12 shall apply
to such disallowance as if the words. ' disallowance ' and
' dis ' allowed ' were read therein in lieu of the words ' repeal '
and ' repeated ' respectively; with this exception only, that any
enactment repealed modified or amended by any enactment
disallowed, together with all proclamafions, orders, notices, rules,
egulations or other like documents made under such previous
enactment, shall revive and continue in force in their original
form as from the date of the said notification.

The expression 'disallowance' shall include the signification
of His Majesty's pleasure not to allow any Ordinance.

PART III

General.

18. Every Ordinance shall be a public Ordinance, and shall
be judicially noticed as such, unless the contrary is expressly
provided by the Ordinance.

As amended by Law Rev. Ord., 1939.





19. Every section of an Ordinance shall have effect as a
substantive enactment without introductory words.

20. Every Schedule to or Table in any Ordinance shall,
together with any notes thereto, be construed and have effect as
part of the Ordinance.

21. Where an Ordinance is divided into Parts, Chapters,
titles or other sub-divisions, the fact and particulars of such
division shall, with or without express mention thereof in such
Ordinance, be taken notice of in all courts and for all other
purposes whatsoever.

22. References to the Sovereign in any Ordinance, or to the
Crown, shall, unless the contrary intention appears or the context
otherwise requires, be construed as references to the Sovereign
for the time being, and it shall not be necessary to refer to or
include the Sovereign's Heirs and Successors.

23. No Ordinance shall be binding on the Crown, or shall
in any manner affect the rights of the Crown, unless it is so
provided in express terms.

This Ordinance shall be binding on the Crown.

24. Where any Ordinance confers a power or imposes a
duty, then unless the contrary intention appears, the power may
be exercised and the duty shall be performed from time to time
as occasion requires.

25.-(1) Where reference is made to any person by the term
designating his office, such term shall include the person for the
time being executing the duties of such office, as well as such
other person as may be appointed to perform any portion of such
duties.

(2) Where any Ordinance confers a power or privilege or
imposes a duty on the holder of any office as such, then unless
the contrary intention appears, the power or privilege may be
exercised and the duty shall or may be performed, as the case

As amended by No. 1 of 1927 [1.4.27].





may be, by the holder of the office for the time being, or by any
person appointed to act in, or perform the duties of, the said
office for the time being.

(3) Any civil or criminal proceedings taken by or against
any person in virtue of his office shall not be discontinued or
abated by his death, resignation or absence or removal from
office, but may be carri.ed on by or against, as the case may be,
the person appointed to perform the duties of the office.

(4) Where any Ordinance gives power to make an appoint-
ment to any office, it shall not be necessary in any such appoint-
ment to name any particular individual and the appointment
may be of the holder of any other office in the name of that
office, in which case the person who is for the time being
performing the duties of the office last above referred to shall
be deemed to have been appointed to the office first above referred
to.

26.-(1) Where reference is made in any enactment to any
series of sections of, or other divisions of, any enactment, or to
any part of any enactment, the reference shall be held to be
inclusive of the sections or divisions or words mentioned in the
reference.

(2) When any particular number of days is prescribed for
the doing of any act or for any other purpose, the same shall,
unless the contrary intention appears, be reckoned exclusive of
the first and inclusive of the last day.

26A.-(i) Where in any Ordinance there is a reference to
a section, Part, Chapter or Schedule by number or letter only
and not in conjunction with the title or serial number of an
Ordinance, such reference shall be construed as a reference to
the section, Part, Chapter or Schedule of that number or letter
contained in the Ordinance in which such reference occurs.

(2) Where in any section of any Ordinance there is a
reference to a sub-section or paragraph by number or letter only
and not in conjunction with the number of any section of that
or of any other Ordinance, such reference shall be construed as
a reference to the sub-section or paragraph of that number or
letter contained in the section in which such reference occurs.

(3) The provisions of sub-sections (1) and (2) shall apply





inutatis mutandis in the case of references to rules, regulations,
appendices, by-laws, forms and other divisions or portions of
Ordinances, where such references are made by number or letter
only and not in conjunction with the titles or numbers of
Ordinances or parts of Ordinances.

27. In the measurement of any distance for the purposes of
any Ordinance, that distance shall, unless the contrary intention
appears, be measured in a straight line on a horizontal plane.

28.-(1) Whenever any expression of time occurs in any
enactment or in any legal document, the time referred to shall,
unless the contrary intention appears, be held to be standard
time.

The expression ' standard time means'. standard time as
used in the Colony: that is to say, the mean time of the 12th
meridian east of Greenwich, which is exactly eight hours in
advance of Greenwich mean time.

(2) 'The expression ' a.m.' indicates the period between
midnight and noon on the day succeeding; and the expression
'p.m.' indicates the period between noon and the midnight
following; and where in any enactment two such expressions
occur conjunctively in relation to any specified hours, or in
conjunction with the words ' sunset ' or ' sunrise ', they shall
be construed to relate to consecutive periods of time.

29. Where any Ordinance authorizes or requires any docu-
ment to be served by post, whether the expression ' serve ' or
give ' or ' send ' or any other expression is used, then unless
the contrary intention appears, the service shall be deemed to be
effected by properly addressing, prep ' aying and posting a letter
containing the document, and unless the contrary is proved, to
have been effected at the time at which the letter would be
delivered in the ordinary course of post.

30. In any e nactment expressions referring to writing or
printing shall include, unless the contrary intention appears,
writing, printing, lithography, photography, typewriting and
every other mode of representing words or figures in a visible
form ; but in the case of a book ' printing ' shall not include
writing or typewriting.

Nothing in this section shall be taken to apply to signatures.





31. In all Ordinances, unless the contrary intention appears,
the words ' oath ' and ' affidavit ' include, in the cases of
persons allowed or required by law to affirm instead of swearing,
'affirmation'; and 'swear', in the like cases, includes
affirm '.

32. Where in any enactment Chinese words or terms are
used, or where English words are used, followed in brackets
or otherwise by Chinese words or terms, whether in Chinese
characters or not, the Chinese words or terms shall be held to
be included in the enactment, and the meaning and construction
thereof shall be in accordance. with Chinese language and
custom.

33. Where the words ' orother and ' otherwise'
are used, they shall, unless the contrary intention appears, be
construed disjunctively and not as implying similarity, unless
the word 'similar' or some other word of like meaning is
added.

Nothing in this section shall be taken to affect section 5 of
the Penalties Amendment Ordinance, 1911.

34. Where the offence with which any person is charged is-

(i) the doing of any act; or

(2) the omission to do any act; or

(3) the possession or custody of any matter or thing,

without lawful or reasonable authority or purpose or excuse, the
proof of such authority or purpose or excuse shall lie on the
person charged with the offence.

35. In the construction of every Ordinance relating to an
offence punishable on indictment or on summary conviction, the
expression 'person.' shall, unless the contrary intention appears,
include a body corporate.

36. In all enactments, unless the contrary intention appears,
words importing the,rnasculine gender shall include females, and
words in the singular shall include the plural and words in the
plural shall include the singular.

As amended by Law Rev. Ord., 1939.





37. Where any notice, order or other document,is required
by any enactment to be published in the Gazette, or where any
document referred to in section 26 (3) of the Evidence Ordin-
ance, 1889, appears.in the Gazette, a copy-of the Gazette in which
it is so published or appears shall be primfi facie evidence of the
facts stated in such notice, order or document.

38.-(1) Where under any enactment any person is required
to pay any charge or fee for any act or thing done, or document
issued, or signature or seal aflixed to any document, by any
public oflicer or department, or where any person is adjudged
by any court, or other authority duly authorized by law, to pay
or forfeit any sum of money, such charge or fee and such sum
of money shall be paid into the Treasury, unless the contrary
is otherwise provided; and if any such charge or fee, or if any
commission on money received or taken possession of, realized
or otherwise dealt with, is required to be paid to any public
officer or department, such officer or department receiving the
same shall pay it into or account for the same in due course to
the Treasury.

(2) Where under any enactment any thing or any animal
is adjudged by any court, or other authority duly authorized
by law, to be forfeited, it shall, unless the contrary is otherwise
provided. or unless it is expressed by law to be forfeited,to any
person, be forfeited to the Crown, and the net proceeds thereof,
if it is ordered by competent authority to be sold, shall be paid
into the Treasury, unless the contrary is otherwise provided.

(3) Nothing in this section shall affect any provision in any
existing or future enactment whereby any shares of fines or
forfeitures, or of proceeds of fodeitures, are expressed to be
recoverable by any person or may be granted by any authority
to any person or officer.

(4) The Governor may in any special case, not provided for
by Ordinance, award a share, not exceeding three-fourths, of
any fine or forfeiture adjudged by any court, or of any proceeds
of any forfeiture, as a reward, bounty or gratuity, to any member
of the police force for meritorious conduct, zeal displayed or-
injury sustained in the execution of his duty, or to such private
persons or informers as may be deserving of reward for assisting
in the detection of crime or the apprehension of offenders.

As amended by No. 1 of 1927 [1.4.27].





PART IV.

Definitions.

39. In all enactments the following words shall have the
meanings hereby assigned to them, unless otherwise provided or
unless, the context otherwise requires.

A-Official definitions.

(i) ' Governor' means the Governor of Hong Kong and
includes the officer for the time being administering the Govern-
ment of Hong Kong and also includes the Governor's Deputy
exercising any power which he is duly appointed to exercise
under the Royal Letters Patent constituting the office of
Governor and Commander-in-Chief of the Colony of Hong Kong
and its Dependencies;

and where the Governor of Hong Kong is not intended-

' Governor ' meansi as respects Australia, Canada, India
and the Union of South Africa, the Governor deneral and
includes any person who for the time being has the power of
the Governor General;

and as respects any other British possession or territory under
the protection of His Majesty, means the Governor or Adminis-
trator of that possession and includes the officer for the time
being administering the Government of that possession or
territory.

(2) ' Governor in Council' or ' Governor in Executive
Council ' or ' Governor with the advice of the Executive
Council ' means the Governor acting with the advice of the
Executive Council, but not necessarily in such Council
assembled.

(3) ' Officer' administering the Government ' means the
officer who succeeds to or is appointed to the administration of
the Government of the Colony.

(4) ' Secretary of State ' means His Majesty's Principal
Secretary of State for the Colonies unless another Secretary of
State is indicated.

As amended by No. 1 of 1927 [1.4.27], No. 23 of 1930 [5.12.30],
No. 41 of 1935 [4.10.35], No. 26 of 1937 [24.12.37] and Law Rev. Ord.,
1939.





(5) ' Crown Agents ' means the Person or persons for the
time being acting as Crown Agents for the Colonies in England,
or anyone of them.

(6) ' The Admiralty ' means the Lord High Admiral of
the United Kingdom for the time being or the Commissioners
for the time being executing the office of Lord High Admiral of
the United Kingdom.

(7) ' Privy Council ' means the Lords and others for the
time being of His Majesty's Most Honourable Privy Council ;
and ' Order in Council ' means an Order made by His Majesty
in his Privy Council.

(8) ' Board of Trade ' means the Committee for the time
being of the Privy Council appointed for the consideration of
matters relating to trade and foreign plantations.

(9) ' Imperial Parliament ' and ' Parliament mean the
Parliament of the United Kingdom.

(10) ' Consul ' and ' consular officer ' include consul-
general, consul, vice-consul, consular agent and any person for
the time being authorized to discharge the duties of consul-
general, consul or vice-consul.

(11) Legislative Council ' and ' legislature mean the
Legislative Council of the Government of Hong Kong; and
when used with reference to a British possession other than
Hong Kong, mean the authority, other than the Imperial Parlia-
ment or His Majesty the King in Council, competent to make
laws for such British possession.

(12) ' The Treasury and ' Treasurer mean the Colonial
Treasury and the Colonial Treasurer respectively, and ' Trea-
surer ' includes the Financial Secretary and the Accountant-
General.

(13) ' justice of the peace ' means a person appointed by
the Governor to act as justice of the peace for the Colony.

(14) ' Clerk of Councils' means the person appointed
by the Governor to be Clerk to the Executive Council and the
Legislative Council and includes any person appointed by the
Governor to be Deputy Clerk of Councils.





B.-Colonial definitions.

The Colony this Colony or Hong Kong
means the whole area of land and water lying between the
following boundaries-

On the south-The parallel of latitude 22' 9' north between
the points whdre it is intersected by the meridians of longitude
113' 52' east and 114' 30' east of Greenwich;

On the north-A line drawn frorn the point where the
meridian of longitude 113' 52' east of Greenwich intersects the
parallel of latitude touching the extreme south-west point of the
shore of Deep Bay to the said south-west point of the shore of
Deep Bay; thence along the high water mark upon the shore
of Deep Bay to the estuary of the Sham Chun River; thence by
a line drawn as described in the agreement delimiting the
northern frontier of the New Territories signed by James
Haldane Stewart Lockhart and Wong Tsun-shin at Hong Kong
on the igth day of March, 1899, and following the high water
mark in Mirs Bay to the point where the meridian of longitude
114' 30' east of Greenwich intersects the mainland

On the east-The meridian of longitude 114' 30' east of
Greenwich between the points where it intersects the mainland
and the parallel of latitude 22' 9' north;

On the west-The meridian of longitude 113' 52' east of
Greenwich between the points where it intersects the parallel of
latitude touching the extreme south-west point of the shore of
Deep Bay and the parallel of latitude 22' 9' north: Provided
that, between the points on the north and south coast of Lantao
where the meridian of longitude 113' 52' east of Greenwich
intersects the island, the boundary follows the western coast-line
of Lantao and includes the waters appertaining thereto.

(2) ' Kowloon ' means that portion of the peninsula of
Kaulung which was ceded to Great Britain by the Emperor of
China on the 24th day of October, i86o.

(3) ' The New Territories ' means the additional territories
leased to Great Britain by the Emperor of China under the
Convention dated the 9th day of June, 1898.

(4) ' New Kowloon ' means that portion of the New
Territories which is delineated in red and shown upon a plan





marked 'New Kowloon ' dated, the 8th day of December, 1937,
signed by the Director of Public Works, countersigned by the
Governor and deposited in the Land Office,

(5) ' City of Victoria ' . or ' Victoria means the area
within the fiAlowing boundaries:

On the north The harbour;

On the west-A line running north and south drawn through
the north-west angle of Inland Lot No. 1299 and extending
southwards a distance of 850 feet from the aforesaid angle ;

On the south-A line running east from the southern
extremity of the western boundary until it meets a contour of
the hill-side 700 feet above principal datum, that is to say, a
level 17833 feet below the bench-mark known as ' Rifleman's
Bolt ', or the highest point of a copper bolt set hogizontally in
the will of a storehouse on Marine Lot No. 26, in and near
the main entrance to the Royal Naval Dockyard, and thence
following the said contour until it meets the eastern boundary;

On the east-A line following the western boundary of the
Queen's Recreation Ground until it meets the old Shaukiwan
Road, thence to the south-east angle of Inland Lot No. 1018.
thence along the southern boundary of Inland Lot No. 1018,
prodticed until it meets the road on the east side of Wongnei-
chong Valley, and thence to the south-east angle of Inland Lot
No. 1364, produced until it meets the southern boundary.

(6) ' The waters of the Colony ' or ' Colonial. waters
means all waters whether navigable or not, included within the
Colony.

(7) 'Harbour' means the harbour of Victoria and includes
the waters of the Colony within the following boundaries: '

On the east--A straight line drawn trom the westernmost
extremity of Siu Chau Wan Point to the westernmost extremity
of A Kung Ngam Point (sometimes known as Kung Am);
On the west-A straight line drawn from the, westernmost
point of the Island of Hong Kong to the westernmost point of
Green Island, thence a straight line drawn from the westernmost
point of Green. Island to the westernniost point of Stonecutters
Island, and thence a straight line drawn true north from the
westernmost extremity of Stonecutters Island to the mainland.

(8) ' Public seal ' means the public seal of the Colony.





(9) ' Public' office ' and ' public department ' include
every office or department invested with or performing duties
of a public nature, whether under the immediate control of the
Governor or not.

(10) 'Public officer ' or Public servant ' means any
person holding any appointment or discharging the duties,
whether permanently or temporarily, of any office the emolu-
ments of which. are wholly or in part directly derived from the
revenues of the Colony, and includes members of the Executive
and Legislative Councils, members of the Urban Council,
justices of the peace, revenue officers, members of the police
force and of the district watch force, and also commissioners
and persons acting under the Commissioners Powers Ordinance,
1886, and persons acting under the Po Leung Kuk Incorporation,
Ordinance, 1893.

(11) Officer of police or ' police officer ' includes
members of the police force of all ranks; and where any duty
or power is imposed or conferred in any Ordinance on any
officer of police, police officer, police constable or constable, it
may be performed or exercised by any member of the police
force ;

and where any duty or power is imposed or conferred on any
European officer of police or constable, it may be performed or
exercised by any European member of the police force;

and where any duty or power is imposed on any officer of police
other than a constable it may be performed or exercised by any
member of the police force of higher rank;

and where any person is referred to as not being a constable
of police ' it shall be construed,to mean any person not being
a member of the police force ' ;

and the expression ' person employed in the police force ', or
other words of like meaning, shall include all the employees
referred to in section 3 (2) of the Police Force Ordinance, 1932,
as well as all members of the police force.

(12) ' Health -Officer ' includes the Director of Medical
Services, any medical officer appointed as a Health Officer by the
Governor, any Colonial Veterinary Surgeon and any officer for
the time being performing the duties of a Health officer under
any Ordinance.





(13) ' Government Analyst', includes for the purposes of
all Ordinances any analyst appointed,by the Governor under the
Adulterated Food and Drugs Ordinance, 1935.

(14) ' Prison ' includes any place or building or portion
of a building set apart or hereafter to be set apart for the purpose
of a prison under any Ordinance relating to prisons.

(15) ' Superintendent of. Prisons' means the person ap-
pointed to that office under the Prisons Ordinance, 1932. This
definition shall apply to all warrants of committal or other
documents.

C.-Geographical definitions.

(1) ' United Kingdom ' means the United Kingdom of
Great Britain and Northern Ireland.

(2) ' British Islands ' means the United Kingdom, the
Channel Islands and the Isle of Man.

(3) ' British possession' means any part of His Majesty's
dominions exclusive of the United Kingdom ; and where parts
of such dominions are under both a central and a local legis-
lature, all parts under the central legislature shall, for the
purposes of this definition, be deemed to be one British
possession.

(4) British colony ' or ' colony ' means, Where the
Colony of Hong Kong is not intended, any part of His Majesty's
dominions exclusive of the United Kingdom and of British
India; and where parts of such dominions are under both a
central and a local legislature, all parts under the central legis-
lature shall, for the purposes of this definition, be deemed to be
one colony.

' British India ' means all territories and, places within
His Majesty's dominions which are for the time being governed,
by His Majesty through the Governor-General of India, or
through any Governor or other officer subordinate to the
G6vernor-General of India.
(6) ' India ' means British India together with any terri-
tories of any native prince or chief under the suzerainty of His





Majesty exercised through the Governor-General of India or
other officer subordinate to the Governor-General of India.

D-Judicial definitions.

(i) High Court ' means, when used, with reference to
England or Northern Ireland, His. Majesty's High Court of
justice in England or Northern Ireland, as the case rnay be.

(2) Court of assize or assizes means, as respects
England, Wales and - Northern Ireland, a court of assize, a court
of over and terminer and a court of gaol delivery, or any of
them, and as respects England and Wales, includes the Central
Criminal Court; and as respects Hong Kong, means the
Supreme Court, either one judge or the Full Court, sitting in
its criminal jprisdiction ; and unless it is specially provided that
any offence is to be tried summarily before a magistrate or other-
wise, all offences shall be triable before the Supreme Court sitting
in its criminal jurisdiction.

(3) ' Supreme Court ' means the Supreme Court of Hong
Kong.

(4) ' Probate court ' means, as respects Hong Kong, the
Supreme Court sitting in its probate jurisdiction.

(5) ' Bankruptcy court ' means, as respects Hong Kong,
the Supreme Court sitting in its bankruptcy jurisdiction.

(6) ' Colonial Court of Admiralty ' means, as respects
Hong Kong, the Supreme Court sitting in its Admiralty
jurisdiction.

(7) ' Court ' means the Supreme Court as well as any other
court holden in the Colony; but in the absence of any words
indicating a contrary intention the jurisdiction created by or
referred to in any enactment shall be exercised only by the
Supreme Court.

(8) ' Magistrate ' means a magistrate appointed under the
Magistrates Ordinance, 1932, but does not include a marine
magistrate in cases not coming within section 6 of the said
Ordinance, unless such magistrate is expressly indicated; and
unless the contrary intention appears, the expression ' triable
before a magistrate ' or ' tried summarily ', or any other
expression having the like intent, means that an offence may be





tried as provided by the Magistrates Ordinance, 1932 ; and the
expression summary conviction ' or ' conviction before a
magistrate and any other expression having the like, intent,
means that the offence to which it relates was triable, and has
been tried, and the offender convicted, as provided by the said
Ordinance; and in both cases the procedure respecting the
imposition of fines and forfeitures, imprisonment for, default, and,
all other provisions respecting the jurisdiction of the magistrate,
and the procedure of, such trial, shall be held to be included
and where by any Ordinance an offence is made punishable by
summary conviction, the magistrate or two, magistrates, as the
case may require, shall be deemed thereby to be invested with
jurisdiction to try any person accused of such offence; and
references in any enactment to two magistrates shall mean two
magistrates sitting together and exercising jurisdiction as provided
by section 87 of the Magistrates, Ordinance, 1932.

(9) ' Judge ' means any judge of the Supreme Court; and
where any civil Jurisdiction is required. to be exercised by a
judge, such jurisdiction, if it is not otherwise expressed, shall
be exercisable by a judge sitting in chambers.

(io) ' Rules'of court ' means, when used in relation to any
court, rules made by the authority having for the time being
power to make rules and orders regulating the practice and
procedure of such court, together with the forms necessary
thereto. The power of the said authority to make rules of court
as above defined shall include a power to make rules of court,
together with the forms necessary thereto, for the purpose of any
future enactment directing or authorizing anything to be done
by rules of court.

E-General definitions.

(i) ' Any Ordinance ' or ' any enactment includes any.
Ordinance or any enactment, as the case may be, which is in
force in the Colony at the time when the enactment in which the
expression occurs is enforced or applied.

(2) ' Bank of England.' means the Governor and Company
of the Bank of England.





(3) ' Bank of Ireland ' means the Governor and Company
of the Bank of Ireland.

(4) 'Committed for trial ' means, when used in relation
to any person, Committed to prison with the view of his being
tried before a judge and jqrv, or otherwise as the law directs;
and includes a person who is admitted to bail upon recogni-
zances to appear and take his trial before a judge and jury, or
otherwise.

5) ' Definition ' means the interpretation to be given to
words or expressions used in the Ordinance or part of an Ordin-
ance to which such interpretations are declared to be applicable;
and the words or expressions are to have in such Ordinance or
part of an Ordinance, and in any rules, regulations, orders or
other documents made thereunder, the meanings assigned to
them unless inconsistent with the context.

(6) ' Enactment ' means any provision made by competent
authority having the force of law, and any part of such pro-
vision, and includes rules and regulations made in virtue of
powers conferred by any Ordinance or statute.

(7) ' Gazette ' means the Hong Kong Government Gazette.

(8) ' In this Ordinance'; or ' In this Part ' or ' In this
section ' or any other similar expression means, when used at
the commencement of an interpretation section, that the word's
or expressions which follow shall have, in the Ordinance or part
or section or in any rules, regulations, orders or other documents
made thereunder, the meanings assigned to theni unless it is
otherwise provided or unless any such meaning is repugnant to
or inconsistent with the context, and the definitions of the said
words and expressions shall apply mutatis mutandis to any
grammatical variations of the terms defined and to any expres-
sions cognate therewith.

(9) ' Medical practitioner ', or any words importing a
person recognized at law as a practitioner in medicine or surgery
or as a member of any branch of the medical profession, means
a medical practitioner duly registered or deemed to be a medical
practitioner under the Medical Registration Ordinance, 1935.
unless a Chinese medical practitioner is expressly referred to.





(10) ---Month ' means calendar month unless it appears
from the context that lunar month or Chinese ' moon is
intended.

(11) ' Offence ' means any crime, misdemeanor, contraven-
tion or other breach of the law for which a penalty is provided.

(12) ' Person ', and words applied to any person or in-
dividual, shall apply to and include, subject only to the provisions
of section 35, bodies corporate, joint tenants and tenants in
common.

(13) Per cent.', when used in relation to a rate of interest
payable in any circumstances, means the rate of interest specified
payable in respect of a year, unless it is expressly provided that
it is payable in respect of any other period.

(14) ' Proclaination ' means, as respects Hong Kong, a
proclamation of the Governor or of the Governor in Council.

(15) 'Provided or ' prescribed ', when used in reference
to any enactment, means provided or prescribed by such enact-
ment, or as provided or prescribed by the provisions of such
enactment.

(16) ' Solicitor ' means a legal practitioner admitted to
practice as a solicitor before the Supreme Court under the Legal
Practitioners Ordinance, 1871.

(17) ' Statute ' or ' Act means an Act of the Imperial
Parliament.

(18) ' Statutory declaration ' rneans a declaration made by
virtue of the Statutory Declarations Act, 1835, or of the Statutory
Declarations Ordinance, 1893.

19) ' Treaty ' means a treaty, convention or agreement
niade with a foreign state, together with protocols or declarations
attached thereto, or independent thereof but referring thereto.

(20) ' Will ' includes any testamentary instrument.

(21) ' Year ' means a year according to the Gregorian
calendar unless it appears from the context that a Chinese year
is intended.





(22) 'Years of age' or words of a like meaning, when
used in reference to the age of any person, means years accord-
ing to English reckoning unless Chinese reckoning is expressly
indicated.

PART V.

Of regulations, forms and other matters.

40.-(1) Where any Ordinance confers on any person a
discretionary power to make regulations, to, issue any order or
to do any act, the power shall, unless the contrary intention
appears, be construed as including the power, exercisable in like
manner and subject to the same conditions, if any, to amend,
vary, rescind revoke or suspend the regulations made or order
issued, or an part thereof, and to make or issue new regulations
or a new order, or to abstain from doing the act.

(2) ' Regulations ', both in this section and generally in
this Ordinance, as well as in all other enactments, means regula-
tions, rules and by-laws not inconsistent with the provisions of
the Ordinance under which theyare made, and includes rules of
court.

(3) All regulations shall, unless otherwise provided, come
into operation on the day of their publication in the Gazette
and shall have the same force and effect, shall be as binding
and shall be construed, for all purposes as if they had been
contained in the Ordinance empowering them to be made; and
any reference to the Ordinance in any enactment or in any legal
document shall be construed as including the regulations in such
reference.

(4) All regulations shall be laid on the table of the Legis-
lative Council at the first meeting thereof after the publication
in the Gazette of the making of such regulations, and if a
resolution be passed at the first meeting of the Legislative
Council held after such regulations have been laid on the table
of the said Council resolving that any such regulations shall
be rescinded or amended in any manner, whatsoever, the said-
regulations shall, without prejudice to anything done thereunder,

As amended by No. 1 of 1927 [1.4.27] and No. 26 of 1937 [24.12.37].





be deemed to be rescinded or amended, as the case may be, as
from the date of publication in the Gazette of the passing of
such resolution.

41.-(1) Unless it is otherwise enacted, whenever in any
Ordinance it is provided that regulations shall be-

(a) made; or

(b) made subject to the approval or confirmation (or where
other words of like meaning ate used) of the Governor in
Council,

the following rules shall be observed-

(i) the regulations shall be submitted for the approval of the
Governor in Council; and

(ii) the Governor in Council shall have power to amend or
to disapprove the whole or any part of the regulations and may,
if he disapproves them either in whole or in part, require further
or other regulations to be submitted for approval.

The words ' to amend ' shall include the power to add to,
alter or otherwise vary.

(2) This section shall apply to regulations which are by any
Ordinance made subject to the approval or confirmation (or where
other words of like meaning are used) of the Governor or of the
Legislative Council.

[S.42, incorporated in s 11(2) by Law Revision
Ordinance, 1939.]

PART VI.

Of proclamations and Orders of the Governor.

43. Proclamations and, notifications of the Governor shall
come into operation on the date of their publication in the
Gazette.

44. Where power is given to the Governor to issue a pro-
clamation or notification, it shall, include the power of amending,
revoking or suspending the said proclamation or notification,





and of declaring the date of its coming into operation and also
of substituting another therefor:

Provided always that where any Qrdinance is to come into
operation on a day to be fixed by proclamation, the power to issue
such proclamation shall not include (except in the case of and
for the purpose of correcting any mistake therein) the power of
amending, revoking or suspending the same.

45. Where power is given to the Governor to make any order
or give any direction, it shall be sufficient, unless it is otherwise
expressed, for such order or direction to be signified under the
hand of the Colonial Secretary or of the Principal Assistant
Colonial Secretary.

This section shall not apply to the issue of any warrant by
the Governor: such warrant shall be under his hand and seal.

46. Sections 43 and 44 shall apply to proclamations and
notifications issued by the Governor in Council; and section 45
shall apply to orders and directions of the Governor in Council,
except that the signification thereof shall be under the hand of
the Clerk of Councils.

PART VII.

Of public officers.

47. Unless it is otherwise expressly provided in any Ordin-
ance, every person who, by force or violence, resists, opposes,
molests, hinders or obstructs any public officer in the perform-
ance of his duty, or any person lawfully engaged, authorized or
employed in the performance of any public duty, or any person
lawfully acting in aid or assistance of any such public officer
or person, shall be liable to a fine not exceeding one hundred
dollars and to imprisonment not exceeding three months.

48.-(1) Unless it is otherwise expressly provided in any
enactment, all actions and prosecutions to be commenced against

As amended by No. 1 of 1927 [1.4.27].
As amended by Law Rev. Ord., 1939,





any public officer for anything done or omitted to be done in
pursuance of any enactment shall be commenced within six
months after the act or omission, and not otherwise.

(2) In any such action the defendant may plead the general
issue, and give this Ordinance and any special matter in evidence
at any trial to be had thereupon.

(3) No plaintiff shall recover in any such action if tender
of sufficient amends has been made before such action brought,
or if a Sufficient sum of money has been paid into court after such
action brought, by or on behalf of the defendant.

(4) If a verdict passes for the defendant, or the plaintiff is
nonsuited or discontinues any such action after issue joined, or
if judgment is given against the plaintiff, the defendant shall
recover his full costs as between solicitor and client and shall
have the like remedy for the same as any defendant has by law in
othier cases; and though a verdict passes or judgment is given
for the plaintiff in any such action, the plaintiff shall not have
costs against the defendant unless the judge before whom the
trial is had certifies his approbation of the action.

PART VIII.

Of Government contracts.

49. In all contracts or other documents hereafter signed,
executed or made by the Governor or by any public officer on
behalf of the Governor or Government or of the public service,
it shall not be necessary to name such Governor or officer; it shall
be sufficient to name the office he holds; and the Governor or
officer performing the duties of the office named shall (unless the
contrary intention appears) be deemed to be a party thereto as
If the office of such Governor or officer was a corporation sole with
perpetual succession for this purpose.

50. Every contract and other document heretofore signed,
executed or made by any Governor or other public officer on
behalf of the Governor or Government or of the public service

As arnended by Law Rev. Ord., 1939.





shall (unless the contrary intention appears) be deemed to have
been made by such Governor or officer on behalf of himself and
his successors in office, and shall be enforceable by the Governor
or officer performing the duties of the office named, or by the
Attorney General on behalf of such Governor or officer as if
the office of such Governor or officer had, at the time of such
execution or making, been a corporation sole with perpetual
succession for this purpose.

51. Contracts made or to be made in England, for the
Government or for the public service by the Crown Agents, shall,
so far as the same corne within the jurisdiction of the courts of the
Colony, be deemed to have been made by the Governor.

52. The omission to add the title of the public office held by
any Governor or public officer signing or executing any such
contract or other document as aforesaid after the signature of
such officer shall not exclude such contract or other document
from the operation of this Part.

PART IX.

Miscellaneous.

53.-(1) In any Ordinance, instrument or document any
Act of the Imperial Parliament may be cited by reference to its
short title, if any, either with or without a reference to the chapter,
or by reference to the regnal year in which it was passed; and
where there are more statutes or sessions than one in the same
regnal year, by reference to the statute or the session, as the case
may require; and where there are more chapters than one, by
reference to the chapter; and any provision of any Act may be
cited by reference to the section or sub-section of the Act in which
the provision is contained.

(2) Where any Ordinance passed after the 1st day of January,
1898, contains such reference as aforesaid, the reference shall,
unless the contrary intention appears, be read as referring, in the

As amended by Law Rev. Ord., 1939.
Commencement of the Interpretation Ordinance, 1897: see No. 24 of
1897, s. 43.

case of statutes included in any revised edition of the statutes
purporting to be printed by authority, to that edition ; and in case
of statutes not so included and passed before the reign of King
George the First, to the edition prepared under the direction of
the Record Commission ; and in other cases to the copies of the
statutes purporting to be printed by the King's Printer or under
the superintendence or authority of His Majesty's Stationery
Office.

(3) In any Ordinance a description or citation of a portion of
an Act of Parliament shall, unless the contrary intention appears,
be construed'as including the word, section or other part mentioned
or referred to as forming the beginning and as forming the end of
the portion comprised in the description or citation.

(4) Any reference to an Act of Parliament shall include a
reference to regulations made thereunder.
[Originally No. 31 of 1911. No. 1 of 1927. No. 23 of 1930. No. 7 of 1935. No. 41 of 1935. No. 26 of 1937. Law Rev. Ord., 1939.] Short title. Application of the Ordinance. Application of Ordinances. [cf. No. 1 of 1883, s. 40, No. 15 of 1935, s. 99, and No. 18 of 1935, s. 167 (1).] Application of provisions of this Ordinance. Commencement of Ordinances. Definition of 'commencement'. 52 & 53 Vict. C. 63, s. 36 (1). Time of commencement. 52 & 53 Vict. c. 63, s. 36 (2). Exercise of statutory powers between passing and commencement of Ordinance. 52 & 53 Vict. c. 63, s. 37. Citation of Ordinances. 52 & 53 Vict. C. 63, s. 35. Ordinance No. 51 of 1936. Ordinance No. 51 of 1936. Effect of repeal on existing proclamations and regulations. 52 & 53 Vict. C. 63, s. 11 (2). Effect of repeal generally. 52 & 53 Vict. C. 63, s. 38 (2). Repeal of Ordinances. 52 & 53 Vict. C. 63, s. 11 (1). References to re-enacted provisions. 52 & 53 Vict. C. 63, s. 38 (1). References to re-enacted Acts of Parliament. Operation of amending Ordinances. Disallowance. Ordinances to be public Ordinances. 52 & 53 Vict. C. 63, s. 9. Sections to be substantive enactments. 52 & 53 Vict. C. 63, s. 8. Schedule, etc., to be part of Ordinances. Sub-divisions of Ordinances to be recognized. References to the Sovereign. 52 & 53 Vict. C. 63, s. 30. Ordinances not binding on Crown unless expressed. construction of provisions as to exercise of powers and duties. 52 & 53 Vict. c. 63, s. 32 (1). Construction of references to public officers. Construction of provisions granting powers to the holder of an office. 52 & 53 Vict. c. 63, s. 32 (2). Proceedings not abated by change in office. Construction of references to other enactments; and to a series of days. Construction of references to sections, etc. Measurement of distances. 52 & 53 Vict. C. 63, s. 34. References to time. Meaning of service by post. 52 & 53 Vict. C. 63, s. 26. Meaning of writing. 52 & 53 Vict. C. 63, s. 20. Meaning of 'oath', 'affidavit' and 'swear'. 52 & 53 Vict. C. 63, s. 3. Use of Chinese expressions in Ordinances. Meaning of 'or', 'other', 'otherwise'. Ordinance No. 30 of 1911. Burden of proof where acts done without lawful excuse, etc. Meaning of 'person' in criminal Ordinances. 52 & 53 Vict. c. 63, s. 2. [cf. s. 39-E (12).] Rules as to gender and number. 52 & 53 Vict. c. 63, s. 1. Effect of notices in Gazette. Ordinance No. 2 of 1889. Application of of fees, fines and forfeitures. Definitions. Governor. 52 & 53 Vict. C. 63, s. 18 (6). Governor in Council. Officer administering the Government. Secretary of State. [s. 39-A contd.] Crown Agents. Admiralty. 52 & 53 Vict. C. 63, s. 12 (4). Privy Council. 52 & 53 Vict. C. 63, s. 12 (5). Board of Trade. 52 & 53 Vict. C. 63, s. 12 (8). Imperial Parliament. Consul. 52 & 53 Vict. C. 63, s. 12 (20). Legislative Council. 52 & 53 Vict. c. 63, s. 18 (7). Treasury. Justice of the peace. Clerk of Councils. [s. 39 contd.] The Colony. Kowloon. New Territories. New Kowloon. [s. 39-B contd.] City of Victoria. Waters of the Colony. Harbour. Public seal. [s. 39-B contd.] Public office. Public officer. Ordinances Nos. 13 of 1886 and 6 of 1893. Officer of police, etc. Ordinance No. 37 of 1932. Health Officer. [s. 39 contd.] Government Analyst. Ordinance No. 8 of 1935. Prison. [cf. No. 38 of 1932, s. 2.] Superintendent of Prisons. Ordinance No. 38 of 1932. United Kingdom. British Islands. 52 & 53 Vict. C. 63, s. 18 (1). British possession. 52 & 53 Vict. C. 63, s. 18 (2). British colony. 52 & 53 Vict. c. 63, s. 18 (3). British India. 52 & 53 Vict. c. 63, s. 18 (4). India. 52 & 53 Vict. [s. 39 contd.] c. 63, s. 18 (5). High Court. 52 & 53 Vict. C. 63, s. 13 (3). Court of assize. 52 & 53 Vict c. 63, s. 13 (4). Supreme Court. Probate court. Bankruptcy court. Colonial Court of Admiralty. Court. Magistrate. Ordinance No. 41 of 1932. [s. 39 contd.] Judge. Rules of court. 52 & 53 Vict. C. 63, s. 14. Any Ordinance. Bank of England. 52 & 53 Vict. C. 63, s. 12 (18). [s. 39-E contd.] Bank of Ireland. 52 & 53 Vict. C. 63, s. 12 (19). Committed for trial. 52 & 53 Vict. C. 63, s. 27. Definition. Enactment. Gazette. In this Ordinance, etc. Medical practitioner. Ordinance No. 41 of 1935. [s. 39-E contd.] Month. 52 & 53 Vict. C. 63, s. 3. Offence. Person. 52 & 53 Vict. C. 63, s. 19. Per cent. Proclamation. Provided, etc. solicitor. Ordinance No. 1 of 1871. Statute, etc. statutory declaration. 5 & 6 Will. 4, c. 62. Ordinance No. 8 of 1893. Treaty. Will. Year. [s. 39-E contd.] Years of age. Extent of power to make regulations. 52 7 53 Vict. C. 63, s. 32 (3). Meaning of 'regulations'. Meaning of 'regulations'. Publication and effect. Powers of Governor in Council over regulations. Coming into operation of proclamations. Extent of power to issue proclamations. Signification of orders of the Governor. Application of certain previous sections. Interfering with public officers. Protection of public officers. acting under authority of enactment. [cf. No. 15 of 1935, s. 98, and No. 18 of 1935, s. 170.] Contracts by public officers. [cf. No. 10 of 1923, s. 20.] Effect of contracts already made by public officers. Contracts by Crown Agents. Omission of title after signature of public officer immaterial. Citation of Imperial Acts. 52 & 53 Vict. C. 63, s. 35.

[Originally No. 31 of 1911. No. 1 of 1927. No. 23 of 1930. No. 7 of 1935. No. 41 of 1935. No. 26 of 1937. Law Rev. Ord., 1939.] Short title. Application of the Ordinance. Application of Ordinances. [cf. No. 1 of 1883, s. 40, No. 15 of 1935, s. 99, and No. 18 of 1935, s. 167 (1).] Application of provisions of this Ordinance. Commencement of Ordinances. Definition of 'commencement'. 52 & 53 Vict. C. 63, s. 36 (1). Time of commencement. 52 & 53 Vict. c. 63, s. 36 (2). Exercise of statutory powers between passing and commencement of Ordinance. 52 & 53 Vict. c. 63, s. 37. Citation of Ordinances. 52 & 53 Vict. C. 63, s. 35. Ordinance No. 51 of 1936. Ordinance No. 51 of 1936. Effect of repeal on existing proclamations and regulations. 52 & 53 Vict. C. 63, s. 11 (2). Effect of repeal generally. 52 & 53 Vict. C. 63, s. 38 (2). Repeal of Ordinances. 52 & 53 Vict. C. 63, s. 11 (1). References to re-enacted provisions. 52 & 53 Vict. C. 63, s. 38 (1). References to re-enacted Acts of Parliament. Operation of amending Ordinances. Disallowance. Ordinances to be public Ordinances. 52 & 53 Vict. C. 63, s. 9. Sections to be substantive enactments. 52 & 53 Vict. C. 63, s. 8. Schedule, etc., to be part of Ordinances. Sub-divisions of Ordinances to be recognized. References to the Sovereign. 52 & 53 Vict. C. 63, s. 30. Ordinances not binding on Crown unless expressed. construction of provisions as to exercise of powers and duties. 52 & 53 Vict. c. 63, s. 32 (1). Construction of references to public officers. Construction of provisions granting powers to the holder of an office. 52 & 53 Vict. c. 63, s. 32 (2). Proceedings not abated by change in office. Construction of references to other enactments; and to a series of days. Construction of references to sections, etc. Measurement of distances. 52 & 53 Vict. C. 63, s. 34. References to time. Meaning of service by post. 52 & 53 Vict. C. 63, s. 26. Meaning of writing. 52 & 53 Vict. C. 63, s. 20. Meaning of 'oath', 'affidavit' and 'swear'. 52 & 53 Vict. C. 63, s. 3. Use of Chinese expressions in Ordinances. Meaning of 'or', 'other', 'otherwise'. Ordinance No. 30 of 1911. Burden of proof where acts done without lawful excuse, etc. Meaning of 'person' in criminal Ordinances. 52 & 53 Vict. c. 63, s. 2. [cf. s. 39-E (12).] Rules as to gender and number. 52 & 53 Vict. c. 63, s. 1. Effect of notices in Gazette. Ordinance No. 2 of 1889. Application of of fees, fines and forfeitures. Definitions. Governor. 52 & 53 Vict. C. 63, s. 18 (6). Governor in Council. Officer administering the Government. Secretary of State. [s. 39-A contd.] Crown Agents. Admiralty. 52 & 53 Vict. C. 63, s. 12 (4). Privy Council. 52 & 53 Vict. C. 63, s. 12 (5). Board of Trade. 52 & 53 Vict. C. 63, s. 12 (8). Imperial Parliament. Consul. 52 & 53 Vict. C. 63, s. 12 (20). Legislative Council. 52 & 53 Vict. c. 63, s. 18 (7). Treasury. Justice of the peace. Clerk of Councils. [s. 39 contd.] The Colony. Kowloon. New Territories. New Kowloon. [s. 39-B contd.] City of Victoria. Waters of the Colony. Harbour. Public seal. [s. 39-B contd.] Public office. Public officer. Ordinances Nos. 13 of 1886 and 6 of 1893. Officer of police, etc. Ordinance No. 37 of 1932. Health Officer. [s. 39 contd.] Government Analyst. Ordinance No. 8 of 1935. Prison. [cf. No. 38 of 1932, s. 2.] Superintendent of Prisons. Ordinance No. 38 of 1932. United Kingdom. British Islands. 52 & 53 Vict. C. 63, s. 18 (1). British possession. 52 & 53 Vict. C. 63, s. 18 (2). British colony. 52 & 53 Vict. c. 63, s. 18 (3). British India. 52 & 53 Vict. c. 63, s. 18 (4). India. 52 & 53 Vict. [s. 39 contd.] c. 63, s. 18 (5). High Court. 52 & 53 Vict. C. 63, s. 13 (3). Court of assize. 52 & 53 Vict c. 63, s. 13 (4). Supreme Court. Probate court. Bankruptcy court. Colonial Court of Admiralty. Court. Magistrate. Ordinance No. 41 of 1932. [s. 39 contd.] Judge. Rules of court. 52 & 53 Vict. C. 63, s. 14. Any Ordinance. Bank of England. 52 & 53 Vict. C. 63, s. 12 (18). [s. 39-E contd.] Bank of Ireland. 52 & 53 Vict. C. 63, s. 12 (19). Committed for trial. 52 & 53 Vict. C. 63, s. 27. Definition. Enactment. Gazette. In this Ordinance, etc. Medical practitioner. Ordinance No. 41 of 1935. [s. 39-E contd.] Month. 52 & 53 Vict. C. 63, s. 3. Offence. Person. 52 & 53 Vict. C. 63, s. 19. Per cent. Proclamation. Provided, etc. solicitor. Ordinance No. 1 of 1871. Statute, etc. statutory declaration. 5 & 6 Will. 4, c. 62. Ordinance No. 8 of 1893. Treaty. Will. Year. [s. 39-E contd.] Years of age. Extent of power to make regulations. 52 7 53 Vict. C. 63, s. 32 (3). Meaning of 'regulations'. Meaning of 'regulations'. Publication and effect. Powers of Governor in Council over regulations. Coming into operation of proclamations. Extent of power to issue proclamations. Signification of orders of the Governor. Application of certain previous sections. Interfering with public officers. Protection of public officers. acting under authority of enactment. [cf. No. 15 of 1935, s. 98, and No. 18 of 1935, s. 170.] Contracts by public officers. [cf. No. 10 of 1923, s. 20.] Effect of contracts already made by public officers. Contracts by Crown Agents. Omission of title after signature of public officer immaterial. Citation of Imperial Acts. 52 & 53 Vict. C. 63, s. 35.

https://oelawhk.lib.hku.hk/items/show/1513

PENALTIES AMENDMENT ORDINANCE, 1911

No. 30 of 1911.

An Ordinance to abolish, minimum Penalties, and to brillg tile
law of the Colony as to penalties into ttniformity with the
law of England.
[28th August, 1913.]

1. This Ordinance may be cited as the Penalties Amendment
Ordinance, 1911.

2. Unless any enactment now in force, or any future enact-
ment, otherwise provides, where a court is empowered to impose
a sentence-

(a) of imprisonment for life; or

(b) of imprisonment for any term not exceeding a specified
period; or

(c) of a fine,

the court may, after, conviction of any person of an offence,
award a sentence less than for life or less than for the specified
period, or less than the fine, specified in the enactment, as the
case may be.

3. Where under any enactment now in force, or under any
future enactment, a court sentences a person convicted of an
offence for which the penalty, of imprisonment is provided, the
court may, unless such enactment provides that the imprisonment
shall be without hard labour, inflict imprisonment with or without
hard labour.

Provided that where under this section or under section 2
a sentence of imprisonment is imposed for more than two years,
it shall always be with hard labour: Provided further that
where any person is sentenced to imprisonment under any
existing enactment for not finding sureties, such imprisonment.
shall be without hard labour.

4. Nothing in this Ordinance contained shall be construed
as giving to a court the power of inflicting a punishment less
than the minimum punishment, if any, provided for offences

As amended by Law Rev. Ord., 1939.,
against any enactment now in force, or any future enactment,
relating to revenue, customs or quarantine, or relating to any
of His Majesty's regular or auxiliary forces, or which carries
into effect any treaty by which a minimum penalty is stipulated
for the Ofence in question.

5. Whenever in, any enactment now in force, or in any future
enactment, several penalties are provided for one offence-

(1) the use of the word ' or ' in relation to such penalties
shall signify that they are to be inflicted alternatively;

(2) the use of the word 'and' shall signify that the penalties
may be inflicted alternatively or cumulatively; and

(3) the use of the words ' together with ' or ' in addition
to ', or other expressions which convey the same meaning, shall
signify that the penalties are to be inflicted cumulatively.

6. This Ordinance shall apply to penalties imposed upon
summary conviction by a magistrate, or by two magistrates, or
by a marine magistrate.
[Originally No. 30 of 1911. Law Rev. Ord., 1939.] Short title. Power of court to award lesser penalty than that stated. Imprisonment imposed may be with or without hard labour. Saving of minimum penalties in certain Ordinances. Alternative and cumulative penalties, how distinguished. [cf. No. 31 of 1911, s. 33.] Ordinance to apply to sentences imposed by magistrate.

[Originally No. 30 of 1911. Law Rev. Ord., 1939.] Short title. Power of court to award lesser penalty than that stated. Imprisonment imposed may be with or without hard labour. Saving of minimum penalties in certain Ordinances. Alternative and cumulative penalties, how distinguished. [cf. No. 31 of 1911, s. 33.] Ordinance to apply to sentences imposed by magistrate.

https://oelawhk.lib.hku.hk/items/show/1512

ELECTRICITY SUPPLY ORDINANCE, 1911

No. 18 of 1911.

An Ordinance for regulating the supply of electricity for
lighting and other purposes.
[19th May, 1911.]

1. This Ordinance may be cited as the Electricity Supply
Ordinance, 1911.

2. In this Ordinance-

(a) ' Company ' means any person or any body of persons
corporate or unincorporate by, whom electricity is generated or
supplied;

The regulations formerly contained in the Schedule to this Ordinance
have been transferred to the corresponding volume of the Regulitions
of Hong Kong.





(b) ' Electricity ' means electricity, electric current or any
like agency;

(c) ' Electric line' means a wire or wires, conductor or
other means used for the purpose of conveying, transmitting or
distributing electricity, with any casing, coating, covering, tube,
pipe or insulator inclosing, surrounding or supporting the same,
or any part thereof, or any apparatus connected therewith for
the purpose of conveying, transmitting or distributing electricity;

(d) ' Street ' includes any square, court or alley, highway,
lane, road, thoroughfare or public passage or place;

(e) 'Works' includes electric lines and any buildings,
machinery, engines, works, matters or things of whatever
description required to supply electricity and to carry into effect
the objects of a company.

3. It shall be lawful for the Governor in Council to make
regulations, which shall apply to every company generating or
supplying electricity within the Colony, for-

(i) securing the safety of the public in respect of electricity,
electric lines and works;

(2) securing a regular and sufficient supply of electricity and
generally for controlling and regulating such supply; and

(3) the protection of telegraph cables, telephone lines, or
lines operated by any department of the Government or by
the naval, military or air force authorities or by any person or
body of persons authorized by the Government to maintain a
telegraphic service.

4. It shall be lawful for the Governor in Council to grant
exemption from any regulations made for securing the safety
of the public under this Ordinance to any company which proves
to the satisfation of the Governor in Council that the conditions
under which it generates or supplies electricity are such as not to
endanger in any way the safety of the public.

5. Any regulution under this Ordinance may impose penal-
ties for offences against the same not exceeding one hundred
dollars for each offence, with or without penalties for continuing

+ As amended by Law Rev. Ord., 1939.





offences not exceeding for any conti nuing offence one hundred
dollars for every day during which the offence continues. All
such penalties may be recovered Summarily.

No. 19 of 1911, repealed by No. 18 Of 1923.

No. 20 of 1911, incorporated in No. 8 of 1896,
repealed by No. 8 of 1935.

No. 21 of 1911, incorporated in No. 40 of 1969.

No. 22 of 1911, incorporated in No. 2 of 1892,
repealed by No. 13 of 1925.

No. 23 of 1911, incorporated in No. 1 of 1872.

No. 24 of 1911, incorporated in No. 5 of 1865,
repealed by No. 32 of 1935.

No. 25 of 1911, repealed,-by No. 40 of 1912.

No. 26 of 1911, repealed by No. 8 of 1912.

No. 27 of 1911, incorporated in No. 15 of 1902.

No. 28 of 1911, incorporated in No. 10 of 1908.

No. 29 of 1911, inzcorporated in No. 4 of 1899,
Repealed by No. 38 of 1932,
[Originally No. 18 of 1911. Law Rev. Ord., 1939.] Short title. Interpretation. Power for Governor in Council to make regulations. Power for Governor in Council to grant exemption from safety regulations. Penalties may be imposed in regulations.

[Originally No. 18 of 1911. Law Rev. Ord., 1939.] Short title. Interpretation. Power for Governor in Council to make regulations. Power for Governor in Council to grant exemption from safety regulations. Penalties may be imposed in regulations.

https://oelawhk.lib.hku.hk/items/show/1511

MONEY-LENDERS ORDINANCE, 1911

No. 16 of 1911.

An Ordinance to amend the law with respect to persons
carrying on business as money-lenders.

[1st January, 1912.]

1. This Ordinance may be cited as the Money-lenders
Ordinance, 1911.

2.-(1) Where proceedings are taken in any court by a
money-lender for the recovery of any money lent, or the
enforcement of any agreement or security made or taken
in respect of money lent, and there is evidence which satisfies
the court that the interest charged in respect of the sum
actually lent is excessive, or that the amounts charged for
expenses, inquiries, fines, bonus, premium, renewals or any
other charges are excessive, and that, in either case, the trans-
action is harsh and unconscionable, or is otherwise such that a
court of equity would give relief, the court may reopen the
transaction, and take an account between the money-lender and
the person sued, and may, notwithstanding any 'statement or
settlement of account or any agreement purporting to close
previous dealings and create a new obligation, reopen any
account already taken between them, and relieve the person sued
from payment of any sum in excess of the sum adjudged by the
court to be fairly due in respect of such principal, interest and
charges as the court, having regard to the risk and all the
circumstances, may adjudge to be reasonable ; and if any such
excess has been paid, or allowed in account, by the debtor, may
order the creditor to repay it ; and may set aside either Wholly
or in part, or revise, or alter, any securitv given or agreement
made in respect of money lent by the money-lender, and if the
money-lender has parted with the security may order him to
indemnify the borrower or other person sued.

(2) Any court in which proceedings might be taken for the
recovery of money lent by a money-lender shall have, and at the
instance of the borrower or surety or other person liable may
exercise, the like powers as may be exercised under this section,

Watchmen may not act as money-lenders : see No. 6 of 1928 [Watchmen],
s. 12.
As amended by Law Rev. Ord., 1939.





where proceedings are taken for the recovery of money lent, and
the court shall have power, notwithstanding any provision or
agreement to the contrary, to entertain any application under this
Ordinance bv the borrower or surety or other person liable,
notwithstanding that the time for repayment of the loan or any
instalment thereof may not have arrived.

(3) On any application relating to the admission or amount
of a proof by a money-lender in any bankruptcy proceedings,
the court may exercise the like powers as may be exercised under
this section when proceedings are taken for the recovery of
money.

(4) The foregoing provisions shall apply to any transaction
which, whatever its form may be, is substantially one of money-
lending by a money-lender.

(5) Nothing in the foregoing provisions shall affect the
rights of any bond fide assignee or holder for value without
notice.

(6) Nothing in this section shall be construed as derogating
from the existing powers or jurisdiction of any court.

3.-(1) A money-lender-

(a) shall register himself as a money-lender in accordance
with regulations under this Ordinance at an office provided for
the purpose by the Governor in Council, under his own or usual
trade name, and in no other name, with the address, or all the
addresses if more than one, at which he carries on his business
of money-lender; and

(b) shall carry on the money-lending business in his regis-
tered name, and in no other name, and under no other descrip-
tion, and at his registered address or addresses, and at no other
address; and

(c) shall not enter into any agreement in the course of his
business as a money-lender with respect to the advance and,
repayment of money, or take any security for money in the course
of his business as a,money-lender, otherwise than in his registered
name; and

The office provided for the registration of money-lenders is the Registry of
the Supreme Court : see the Regulations of Hong Kong (1937 edition).





(d) shall on reasonable request, and on tender of a reason-
able sum for expenses, furnish the borrower with a copy of any
document relating to the loan or any security therefor.
(2) Every money-lender who fails to register himself as
required by this Ordinance, or carries on business otherwise than
in his registered name, or in more than one name, or elsewhere
than at his registered address, or fails to comply with any other
requirement of this section, shall upon summary conviction be
liable to a fine not exceeding one thousand dollars, and in the
case of a second or subsequent conviction, to imprisonment for
any term not exceeding three months and to a fine not exceeding
one thousand dollars: Provided that if the offender be a body
corporate it shall be liable on asecond or subsequent conviction
to a fine not exceeding five thousand dollars.

(3) A prosecution under sub-section (1) (a) shall not be
instituted except with the consent of the Attorney General.

4.-(1) It shall be lawful for the Governor in Council to
make regulations respecting the registration of money-lenders,
whether individuals, firms, societies or companies, the form of
the register, and the particulars to be entered therein, and the
fees to be paid on registration and renewal of registration and
respecting the inspection of the register and the fees payable
therefor.

(2) The registration shall cease to have effect at the expiration
of one year from the date of the registration, but may be renewed
from time to time, and if renewed shall have effect for one year
from the date of the renewal.

5. Every money-lender, and every manager, agent or clerk
of a money-lender, and every person being a director, manager
or other officer of any corporation carrying on the business of
a money-lender, who, by any false, misleading or deceptive
statement, representation or promise, or by any dishonest con-
cealment of material facts, fraudulently induces or attempts to
induce any person to borrow money or to agree to the terms on
which money is or is to be borrowed, shall be guilty of a mis-
demeanor and shall be liable to imprisonment for any term not
exceeding two years and to a fine not exceeding five thousand
dollars.

As amended by No. 27 of 1931 [16.10.31]

6. In this Ordinance, 'money-lender' includes every person
whose business is that of money-lending, or who advertises or
announces himself or holds himself out in any way as carrying
on that business; but shall not include---

(1) any pawnbroker, in respect of business carried on by
him in accordance with the provisions of any Ordinance relating
to pawnbrokers; or

(2) any body corporate, incorporated or empowered by any
Ordinance or special Act of Parliament to lend money in accord-
ance with such Ordinance or Act; or
(3) any person bond fide carrying on the business of bank-
ing or insurance, or bond fide carrying on any business not
having for its primary object the lending of money, in the course
of which and for the purposes whereof he lends money; or

(4) any company, association or partnership for the time
being exempted from registration under this Ordinance by order
of the Governor in Council made pursuant to regulations of the
Governor in Council.
[Originally No. 16 of 1911. No. 27 of 1931. Law Rev. Ord., 1939.] Short title. Re-opening of transactions of money-lender. 63 & 64 Vict. C. 51, s. 1. [cf. No. 3 of 1901, ss. 21A, 22, 52, and 300.] Registration of money-lenders, etc. 63 & 64 Vict. C. 51, s. 2. Regulations as to registration. 63 & 64 Vict. C. 51, s. 3. Penalties for false statements and representations. 63 & 64 Vict. C. 51, s. 4. Definition of money-lender. 63 & 64 Vict. C. 51, s. 6. [cf. No. 16 of 1930.]

[Originally No. 16 of 1911. No. 27 of 1931. Law Rev. Ord., 1939.] Short title. Re-opening of transactions of money-lender. 63 & 64 Vict. C. 51, s. 1. [cf. No. 3 of 1901, ss. 21A, 22, 52, and 300.] Registration of money-lenders, etc. 63 & 64 Vict. C. 51, s. 2. Regulations as to registration. 63 & 64 Vict. C. 51, s. 3. Penalties for false statements and representations. 63 & 64 Vict. C. 51, s. 4. Definition of money-lender. 63 & 64 Vict. C. 51, s. 6. [cf. No. 16 of 1930.]

https://oelawhk.lib.hku.hk/items/show/1510

UNIVERSITY ORDINANCE, 1911

1911.

No. 1 of 1911, incorporated in No. 15 of 1908.

No. 2 of 1911, incorporated in No. 24 of 1910,
repealed by No. 25 Of 1935.

No. 3 of 1911, incorporated in No. 1 of 1895.

No. 4 of 1911, incorporated in No. 40 of 1932.

No. 5 of 1911, incorporated in. No. 11 of 1900,
repealed by No. 37 Of 1932.

No. 6 of 1911, incorporated in No. 39 Of 1909.

No. 7 of 1911, incorporated in NO. 2 and 6 of 1865.

No. 8 of 1911, incorporated in No. 1 of 1860.
repealed by No. 16 of 1930.

No. 9 of 1911, repealed by No. 36 of 1931.

N0. 10 of 1911.

An Ordinance for the incorporation and regulation of the
University of Hong Kong.

[31st March, 1911]

WHEREAS it is desirable to establish a University within the
Colony of Hong Kong for the promotion of Learning, Arts,
Science and Research, the provision of higher education,
the conferring of degrees, the development and formation

The provisions of this Ordinance, which are set out in full in the
Schedule to, and re-enacted by, the Law Revision Ordinance, 1939,
have been rearranged and amplified.
The statutes of the University formerly contained in the Schedule to
this Ordinance have been transferred to the corresponding volume of
the Regulations of Hong Kong.





of the character of students of all races, nationalities and
creeds, and the maintenance of, good understanding with
the neighbouring country of China:

AND WHEREAS it is desirable to incorporate the University and
to provide for its regulation

1. This Ordinance may be cited as the University Ordinance,
1911.

2. In this Ordinance-

(a) ' the University ' means the University of Hong Kong
established by this Ordinance;

(b) the statutes ' means the statutes of the University

(c) Court , Council ' and ' Senate ' respectively mean
the Court, the Council and the Senate of the University;

(d) ' Chancellor ', ' Vice-Chancellor ' and ' Registrar
respectively mean the Chancellor, Vice-Chancellor and Registrar
of the University;

(e) ' good cause ', when used in reference to removal from
any office, means inability to perform efficiently the duties of the
office, neglect of duty or such misconduct, whether in an official
or a private capacity, as renders the holder unfit to continue in,
office.

3. Should His Majesty deign to become a Visitor of the
University or to appoint some other person in that behalf, His
Majesty or such person shall forthwith become a Visitor as
aforesaid and shall exercise such powers of supervision as may
seem good to him.

4. There shall be established in Hong Kong a University
with the name and style of ' The University of Hong Kong
by which name the Chancellor and other members of the
University are hereby constituted one body politic and corporate
with perpetual succession and a common seal, and with full power
by and in such name to sue and be sued, and.without any further
licence to take by gift or otherwise, purchase and hold, grant,
demise or otherwise dispose of real or personal estate, and with
the other powers conferred by, under or by virtue of this
Ordinance.





5. The area of Crown land situate to the south of Bonham
Road and to the cast,of Pokfulam Road, and, delineated and
described on the plan thereof signed by the Governor and by
William Chatharn, Director of Public Works, and deposited in
the Land Office, and all buildings now erected or in course of
erection or hereafter to be erected thereon, together with all
rights, easements and appurtenances thereto belonging, shall
vest in the University in fee simple for the purposes of this
Ordinance free of Crown rent: Provided always that the
University shall no t sell, convey or dispose of the said land or
buildings or any part thereof to any person without the written
licence of His Majesty: Provided alsh that if the said land and
buildings or any part thereof shall at any time cease to be
used for the purposes of the University in accordance with the
provisions of this Ordinance the said land and buildings or part
thereof, as the case may be, shall revert to the Crown.

6. All moneys subscribed for the purposes of the University,
whether on deposit in any name in any bank or not, and all
investments of such moneys, and all interest, income and profits
arising from such investments, and all securities therefor, shall.
vest in the University.

7.-(1) Contracts on behalf of the University may be made
as follows-.

(a) a contract, which if made between private persons would
be by law required to be in writing, and if made according to
English law to be under seal, may be made on behalf of the
University in writing under the common seal of the University;

(b) a contract, which if made between private persons would
be by law required to be, in writing and signed by the parties to
be charged therewith, may be. made on behalf of the University
in writing signed by any person acting under the express or
implied authority of the Council;

(c) a 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 University
by any person acting under the express or implied authority of
the Council.

In 1926 the University surrendered the fee simple in exchange for Crown
leases for 999 years.







(2) A contract made according to this section shall be
effectual in law and shall bind the University and its successors
and all other parties thereto.

(3) A contract made according to this section may be varied
or discharged in the same manner in which it is authorized by
6s section to be made.

(4) Instruments under seal made on behalf of the Univer-
sity, sealed with the common seal of the University, signed by
the Chancellor, Vice-Chancellor or Treasurer and countersigned
by the Registrar, shall be deemed to be duly executed.

8. No dividend or bonus shall be paid and no gift or Dividends
division of money shall be made by or on behalf of the University prohibited.
to or among any of its members except by way of prize, reward
or special grant.

9(1) There shall be a Court, a Council and a Senate,
whose respective constitutions, powers and duties shall be as Senate, their
prescribed by this Ordinance and the statutes.


(2) The Court shall be the supreme governing body of the and duties.
University and subject to the provisions of this Ordinance and
the statutes, shall have the general direction of the University,
its functions, property and affairs.

(3) The Council shall be the executive body of the Univer-
sity, and shall have the custody and use of the University seal.
subject to the provisions of this Ordinance and the statutes, it
shall administer the property and manage the affairs of the
University.

(4) Subject to the provisions of this Ordinance and the
statutes and to the financial control of the Council, the Senate
shall have the regulation of all matters relating to education in
the University.

(5) Subject to the provisions of sections 7 and 12, the Court
may, if it thinks fit, revoke any decision of the Council or of the
Senate.

(6) No act or resolution of the Court, the Council or the
Senate shall be invalid by reason only of any vacancy in, or any
want of qualification by or invalidity in the election or appoint-
ment of any member of, any such body.





10.-(1) There shall be Faculties of Medicine, Engineering,
Science and Arts, and such other Faculties as may be constituted
by the Court on the recommendation of the Council. In the
Arts Faculties due provision shall be made for the study of the
Chinese language and literature.

(2) There shall be a Board and a Dean of each Faculty with
such powers respectively as may be prescribed by this Ordinance
and the statutes.

11-(1) For the purpose of advising the Court with respect
to the award of honorary degrees there shall be an Honorary
Degrees Committee which shall consist of such persons as shall
be provided by the statutes.

(2) No honorary degree shall be awarded save on the recom-
mendation of the Honorary Degrees Committee.

(3) For the purpose of assisting the Council in financial
matters there shall be a Finance Committee which shall consist
of such persons as shall be provided by the statutes and without
the previous approval of which-

(a) no expenditure shall be incurred or rnade by or on behalf
of the University;

(b) no moneys belonging to the University shall be invested;

(c) no immovable property shall be dealt with in any manner
by or on behalf of the University;

(d) no money shall be borrowed by or on behalf of the
University.

(4) For the purpose of giving advice and assistance to the
Court, the Council, the Senate and the Board of any Faculty
in connexion with the exercise of their powers and duties, the
Court, the Council, the Senate and the Board of any Faculty
respectively may establish such committees as they think fit.

(5) Unless otherwise expressly provided, any committee may
consist partly of persons who are not members of the Court, the
Council, the Senate or the Board of any Faculty, as the case
may be.

(b) Subject to the provisions of this Ordinance and the
statutes, the Court, the Council, the Senate and the Board of





any Faculty respectivel may, with or without restrictions or
conditions as they think fit, delegate any of their powers and
duties to any committee.

12.-(1) There shall be a Chancellor, a Vice-Chancellor, a
Treasurer, a Registrar and such other officers of the University
as the Court may determine.

(2) The Chancellor shall be the head, and principal officer,
of the University.

(3) The Vice-Chancellor shall be the chief administrative
officer of the University.

(4) The Governor of Hong Kong shall be the Chancellor.

(5) The Vice-Chancellor and the Treasurer shall be
appointed by the Court on the nomination of the Council, and the
Court for good cause may revoke any such appointment.

(6) The Registrar, professors, readers, lecturers and other
officers of the University shall be appointed by the Council and
the Council for good cause may revoke any such appointment.

(7) An appeal shall lie to the Chancellor from any decision
of the Court or the Council to revoke the appointment of any
officer of the University.

(8) Subject to the foregoing provisions of this section, it
shall be lawful, during any vacancy in any office in the Univer-
sity or during the temporary incapacity, whether from illness,
absence from the Colony or any other cause, of any officer of
the University to act in his office, from time to time to appoint
any fit person to exercise the powers and perform the duties of
that office.

(9) The powers and duties of the.officers of the University,
the periods and conditions for and upon which they hold office
and their emoluments shall be such as are prescribed by this
Ordinance, the statutes and the terms of their respective appoint-
ments; but the Council may assign to any officer, subject in the
case of the Chancellor to his consent, such further powers and
duties as it may think fit.

13.(1) Subject to the provisions of this Ordinance, the
University shall be governed in accordance with the provisions





of the statutes set forth in the Regulations of Hong Kong (1937
edition).

(2) The Court may add to, amend or repeal any of the
statutes, and shall subm it every such addition, amendment or
repeal to the Governor in Council, who may approve or disallow
the same.

(3) Every such addition, amendment and repeal, if approved
by the Governor in Council, shall be published in the Gazette
and shall, unless otherwise provided, come into operation on the
day of such, publication.

14. All examinations held by the University shall be con-
ducted in such manner as the statutes and regulations shall
prescribe: Provided that at least one external and independent
examiner shall be appointed for each subject or group of subjects
forming part of the course of studies required for degrees: but
this proviso shall not apply to examinations for entrance to the
University.

15. No distinction of race or nationality shall be permitted,
and no test of religious belief or profession shall be imposed, in
order to entitle any person to be admitted as a member, professor,
reader, lecturer, teacher or student of the University or to hold
office therein or to graduate thereat or to hold any advantage or
privilege thereof.

No. 11 of 1911, repealed by No. 8 of 1912.

No. 12 of 1911, incorporated in No. 3 of 1903.

No. 13 of 1911, incorporated generally.

No. 14 of 1911, incorporated in No. 1 of 1845,
repealed by No. 40 of 1932.

No. 15 of, 1911, incorporated in No. 2 of 1881,
repealed by No. 4 of 1931.
[1.1.32]. [Originally No. 10 of 1911. No. 4 of 1927. No. 5 of 1928. No. 46 of 1936. Law Rev. Ord., 1939.] Short title. Interpretation. Visitors. Incorporation. Real property. Personal property. Form of contracts. [cf. No. 39 of 1932, s. 31.] Dividends prohibited. Court, Council and Senate, their constitutions, powers and duties. Faculties. Honorary Degrees Committee. Finance Committee. Committees generally. Officers, their appointment, powers, duties and emoluments. Statutes. Regulations. Examiners. Distinctions of race, nationality and religion forbidden.

[1.1.32]. [Originally No. 10 of 1911. No. 4 of 1927. No. 5 of 1928. No. 46 of 1936. Law Rev. Ord., 1939.] Short title. Interpretation. Visitors. Incorporation. Real property. Personal property. Form of contracts. [cf. No. 39 of 1932, s. 31.] Dividends prohibited. Court, Council and Senate, their constitutions, powers and duties. Faculties. Honorary Degrees Committee. Finance Committee. Committees generally. Officers, their appointment, powers, duties and emoluments. Statutes. Regulations. Examiners. Distinctions of race, nationality and religion forbidden.

https://oelawhk.lib.hku.hk/items/show/1509

NEW TERRITORIES REGULATION ORDINANCE, 1910

No. 34 of 1910.

An Ordinance to consolidate and amend the laws relating to
the administration and regulation of the New Territories.

[28th October, 1910]

PART I

Regulation.

1. This Ordinance may be cited as the New Territories
Regulation Ordinance, 1910.

[S. 2, rep. Law Revision Ordinance, 1939.]

3. In this Ordinance,

(a) 'Conveyance' includes assignment, appointment, lease,
settlement and other assurance, made by deed on a sale,
mortgage, demise or settlement of land or on any other dealing
with land; and ' convey ' has a meaning corresponding with
that of conveyance;

(b) ' District Officer ' includes Assistant District Officer;

(c) ' Income ' in relation to land includes rents and profits,
and 'possession ' includes receipt of income;

(d) ' Instrument ' includes deed, will, power of attorney,
Act of Parliament or Ordinance;

(e) ' Land ' includes land covered by water or within the
flow of the sea and houses and other buildings and any undivided
share in land and every estate and interest in land and also
includes any rent or profit issuing out of land and any easement
affecting land and also any market-building or portion of such

The provisions of this Ordinance are not affected by the Rating Ordinance,
1901 : see No. 6 of 1901, s. 49 (4). (c).
For application of Public Health [Sanitation] and Buildings Ordinances,
1935, set No. 15 of 1935, s. 99, and No. 18 of 1935, a. 167 (1).





building and any rent or profit issuing out of any market-
building or portion of such building;

'Mortgage' includes any charge on any land for
securing money, or money's worth; ' mortgage money' means
money, or money's worth, secured by. mortgage; ' mortgagor '
includes any person deriving title under the original mortgagor,
or entitled to redeem a mortgage, according to his estate, interest
or right, in the mortgaged property; ' mortgagee ' includes
any person deriving title under the original mortgagee; and
to mortgagee in possession ' is a mortgagee who, in right of the
mortgage, has entered into and is in possession of the mortgaged
property;

[s. 4, rep. No. 25 Of 1933.]

[s. 5, rep. Law Revision Ordinance, 1939.]

6. It shall be lawful for the Governor in Council-

(i) to make rules for the levying, collection, recovery by
legal proceedings and safe custody of such rents, rates, taxes.
and contributions from the New Territories as the Governor in
Council may, in his absolute discretion, think fit, and for the
keeping of accounts thereof; and

(2) by notification published in the Gazette and by notice
in the Chinese language posted in such place as any District
Officer may think fit-

(a) to declare that any specified place in the New Territories,
exclusive of New Kowloon, shall be a market;

(b) to determine the boundaries of any market and the area
to be served thereby; and

(c) to make rules---
(i) prescribing the construction and form of any building
erected or to be erected in any market;
(ii) providing for the management and inspection of any
market and for the appointment, control. and dismissal of the
managers and inspectors thereof;

* As amended by No. 36 of 1931 [1.1.32]
As amended by Law Rev. Ord., 1939.





(iii) prescribing articles or substances which may be sold,
in markets;
(iv) prescribing articles or substances which shall not be
sold except in markets in any area declared as aforesaid to be
served by a market;
(v) providing for the regulation and sanitary maintenance
of any market includingthe sale or removal therein, thereto or
therefrom of any perishable articles or substances used or intended
to be used for food or otherwise;
(vi) providing for the control and appropriation of funds
derived from and in connexion with any market or hawkers or
salesmen within or without any market;
(vii) providing for the control and licensing of and the fees
to be taken from hawkers or salesmen within or without any
market ; and
(viii) prescribing any other matter or thing in relation to
the establishment, construction, maintenance or management of
any market which may be deemed necessary or desirable in the
interests of sanitation or good order.

6A-(i) It shall be lawful for the Governor in Council to
make rules, to take effect within the New Territories except New
Kowloon, in any matter with regard to which the Urban Council
may for the time being have power to make by-laws under the
Public Health (Sanitation) Ordinance, 1935.

(2) It shall be lawful for the Governor in Council-
(a) to set apart any places, in the New Territories (other
than New Kowloon) to be used as cemeteries or urn cemeteries,
and

(b) to make rules prohibiting the burial or depositing of any
human remains in or upon any specified places in the New
Territories (other than New Kowloon).
(3) It shall be lawful for the Governor in Council to make
rules prohibiting the keeping of cattle, swine, sheep or goats
either generally or except under and in accordance with a licence
from the Urban Council or such other authority as may be

As amended by No. 7 of 1933 [24.3.33]
As amended by Law Rev. Ord., 1939.





specified, in any place or places in the New Territories except
New Kowloon, specified in such rules.

7. All rules made drider section 6 or 6A shall be published
in English and Chinese and notified in the New Territories in
such manner as the Governor may direct.

8. Every person who commits a breach of any rule made
under section 6 or. 6A shall upon summary conviction be liable to
a fine not exceeding one hundred dollars or to imprisonment
for any term not exceeding six months.

[ss. 9, 10, 11, 12, rep. Law Revision Ordinance, 1939.]

PART II

Land.

13-(1) This Part applies to the New Territories only.

(2) Upon the application of the registered owner of the
lease of any land which has been purchased from the Crown
since the 17th day of April, 1899, and in respect of which a
separate Crown lease has been or is intended to be issued, the
Governor may exempt the said land from the provisions of this
Ordinance by a memorandum under his hand.

(3) Upon the application of the registered owner of any land
not covered by the provisions of sub-section (2) and upon proof
to the satisfaction of the Land Officer of the title of such owner
and surrender of the lease of such land to the Crown, the
Governor may direct a new Crown lease for such land to be
issued after due survey thereof has been made and the prescribed
fees have been paid, and the Governor may thereupon exempt
the said land from the provisions of this Ordinance by a
memorandum in writing under his hand: Provided always that,
in any case in which such application refers to land of such
small value that, in the opinion of the Governor, it is undesirable
to grant exemption, the Governor may refuse to grant the same.

14. All land in the New Territories is hereby declared to be
and to have been from the 23rd day of July, 1900, the property

As amended by No. 7 of 1933 [24.3.33].
As amended by Law Rev. Ord., 1939.





of the Crown, and all persons in occupation of any such land
shall be deemed to be trespassers as against the Crown, unless
such occupation is authorized by grant from the Crown, or by
other title allowed tinder this Ordinance, or by licence from the
Governor or from some Government officer having authority to
grant such licence.

15.-(1) The Land Officer is hereby authorized to carry into
execution the provisions of this Part.
Where by any enactment anything is required or
appointed to be done by the, Land Officer, the same may be
lawfully done by any Assistant, Land Officer appointed by the
Governor, who shall have the same powers as are conferred upon
the Land Officer by this Ordinance, or by the District Officer,
who for the purposes of this Part shall be deemed to be an
Assistant Land Officer.
16. The Governor in Council may by order establish one or
more district land offices for the purposes of carrying out the
provisiorls of this Ordinance, and may also define the districts
into which the New Territories shall be divided for the purposes
of this Ordinance, and the place where the office for each district
(hereinafter called the appropriate office) shall be situate:
Provided that it shall be lawful for the Governor in Council to
alter or vary such districts or the place of any such office as he
may think expedient. Where in any Ordinance ' Land Office'
is used it shall be deemed to include any district land office.

17. The registration of any deed, will or other instrument,
or any judgmefit, order or lis pendens, in respect of or affecting
land shall be made at the appropriate office for the district in
which such land is situate and it shall not be lawful to register
any such deed, will or other instrument, judgment, order or
lis pendens, elsewhere than at the appropriate office. If an
instrument, order, judgment or lis pendens affects land in more
than one district, it shall be registered at the appropriate office
of each such district.

[ss. 18, 19, rep. Law.Revision Ordinance., 1939.]

20.-(1) The Land Officer shall have power to decide in a
summary way all questions and disputes in connexion with or

As amended by Law Rev. Ord., 1939.
For order made under this section, see the Regulations of Hong Kong
(1937 edition).





in anywise arising out of or regarding any land, and he may,
within three months from giving his decision, reopen and rehear
the case upon such grounds as he shall in his discretion deem
sufficient, and reverse, vary or confirm the previous decision or
judgment:

Provided as follows-

(a) the Land Officer shall not have power to decide, any
question or dispute to which the Crown is a party unless the
Governor consents in writing to his so doing;

(b) the Land Officer shall not have power to decide any
claim to arrears of rent if the monthly value of the rent exceeds
five hundred dollars, or if the total claim exceeds one thousand
five hundred dollars;

(c) the Land Officer shall not have power to decide any
claim to arrears of rent where the title of the plaintiff is in his
opinion disputed bond fide, unless either

(i) the defendant consents in writing to his se doing or
(ii) he would have had jurisdiction under paragraph (d) of
this proviso if the claim, instead of being a claim to arrears of
rent, had been a claim in respect of the land out of which the
rent in question issues or is alleged to issue;

(d) the Land Officer shall not have power to decide any
question or dispute (other than a claim to arrears of rent) in
respect of any land having a capital value exceeding five thousand
dollars, or an annual value exceeding five hundred dollars,
unless with the written consent of the parties to such question
or dispute.

(2) The Land Officer shall have power to recognize and
enforce any Chinese custom or customary right in relation to
land, and the decision or judgment of the Land Officer shall be
binding on all parties concerned unless the same is varied or set
aside as hereinafter provided.

21.-(1) For the purposes of this Ordinance, the Land
Officer shall have powers similar to those vested in the Supreme
Court in respect of the following matters-
(a) examining witnesses upon oath, or otherwise:

As amended by No. 6 of 1930 [1.8.30].
As amended by Law Rev. Ord., 1939.





(b) compelling the attendance of witnesses, and the produc-
tion of documents:

(c) entering and viewing land and ordering inspection of
any property:

(d) making and enforcing any order which may be neces-
sary for the proper hearing and determination of any matter
before him: and

(e) enforcing any judgment given under the provisions of
this Ordinance.

(2) Every person who wilfully gives false evidence upon
oath before the Land Officer shall upon summary conviction
before the said Land Officer be liable to a fine not exceeding two
hundred dollars.

22. No legal practitioner shall be entitled to appear on behalf
of any party in. any matter before the Land Officer except by his
special permission.

23. Every judgment or order of the Land Officer and every
entry thereof in the land register shall be conclusive for all
purposes: Provided that if any person considers himself
aggrieved by any such judgment, order or entry and if the
Land Officer certifies that the capital value of the subject in
dispute exceeds two thousand dollars, or if a judge on good
cause shown grants special leave to appeal, such person may
within three months from the date of such judgment, order or
entry move a judge to vary or set aside the same; and it shall
thereupon be lawful for such judge to vary or set aside the
judgment, order or entry on such terms as he may think fit.

24. Except by way of appeal from the Land Officer, no
proceeding relating to land in the New Territories shall be
commenced in the Supreme Court, unless the Crown is a party
or the jurisdiction of the Land Officer in respect of such pro-
ceeding is excluded by or under the provisions of section 20:
Provided that nothing in this section shall affect the operation
of section 40 of the Distress for Rent Ordinance, 1883.

25. In any proceedings in the Supreme Court in relation
to land in the New Territories, the court shall have power
As amended by No. 6 of 1930 [1.8.30].
As amerided by Law Rev. Ord., 1939.





recognize and enforce any Chinese custom or customary right
affecting such land.

26. The Land Officer shall, on judgment being given in
respect of any land, forthwith enter a memorandum of such
judgment in the land register. No fee shall be payable for such
entry.

27. Whenever any land is held from the Crown under lease
or other grant, agreement or licence in the name of a clan,
family or t'ong, such clan, family or Vong shall appoint a
manager to represent it. Every such appointment shall be
reported at the appropriate office; and the Land Officer on
receiving such proof as he may require of such appointment
shall, if he approves thereof, register the name of the said
manager who shall, after giving such notices as may be pre-
scribed, have full power to dispose of or in any way deal with
the said land as if he were sole owner thereof, subject to the
consent of the Land Officer, and shall be personally liable for
the payment of all rents and charges and for the observance of
all covenants and conditions, in respect of the said land. Every
instrument relating to land held by a clan, family or Vong,
which is executed or signed by the registered, manager thereof
in the presence of the Land Officer and is attested by him, shall
be as effectual for all purposes as if it had been executed or
signed by all the members of the said clan, family or Vong.
The Land Officer may on good cause shown cancel the appoint-
ment of any manager and select and register a new manager in
his place. If the members of any clan, family or Vong holding
land do not within three months after the acquisition of the
land make and prove the appointment of a manager, or within
three months after any change of manager prove the appoint-
ment of a new manager, it shall be lawful for the Crown to
re-enter upon the land held by such clan, family or t'ong, which
shall thereupon become forfeited. Such re-entry shall be effected
by the registration of a memorandum thereof in the appropriate
office.

28. Any clan, family or t'ong owning land on the 28th day
of October, 1910, in respect of which a manager has been duly
registered under this Ordinance, shall not, so long as such land
is certified by the Land Officer as being used for agricultural,
religious, educational or charitable purposes or such other uses

AS amended by Law Rev. Ord., 1939.





of a similar nature as are recognized by established local custom,
or for dwelling-houses occupied by bond fide members of the
clan, family or t'ong, be required to be registered under the
Companies Ordinance, 1932, although such clan, family or t'ong
may ponsist of more than twenty members.

29. In the event of the death of any person in whose name
any land is registered otherwise than as a manager, if no grant
of probate or administration of the estate of the deceased is made
by the Supreme Court within three months after such death,
the Land. Officer, on ascertaining the name of the person who
is entitled to such land. in succession, to the deceased person
(hereinafter described as the successor), and on being satisfied
that any estate duty which may be due has been paid, shall
register the name of the successor, and upon such registration
being effected the said land shall vest in the successor for all the
estate and idterest of the deceased person therein, or for such
estate and interest as shall be entered on the register by the
Land Officer against the entry. of the name of the successor.
On the registration of a successor, the fees fixed by regulations
shall be paid to the Land Officer by the successor, but no
probate fees or grobate duties shall be payable, anything in the
Probates Ordinance, 1897, to the contrary notwithstanding. The
registered successor shall be liable for the debts of the deceased
in the same manner and to the same extent as if a grant of
probate or administration had been made to him: Provided
always that if a grant of probate or administration of the estate
of the deceased is made by the Supreme Court within the period
above specified, the grantee therein named shall be registered as
the successor and the fees prescribed in this section shall not
be payable.

30. Whenever any land is vested in a minor, it shall be
lawful for the Land Officer to appoint some fit person to be a
trustee thereof for such minor during his minority and to remove
any such trustee and to appoint any new trustee. Every such
appointment shall be registered by the Land Officer in the
appropriate office, and upon registration the land the subject of
the trust shall vest in the registered trustee for all the estate
and interest of the minor therein, and upon registration of the

As amended by No. 38 of 1935 [1.1.37].
As amended by Law Rev. Ord., 1939.





removal of any trustee the land shall divest from the trustee so
removed and vest in the continuing trustee or any newly
registered trustee as the case may, be. The Land Officer before
registering a trustee may require him to give security in such
manner and to such amount as he may, think fit for the due
execution of the trust. With the consent of the Land Officer
a trustee may buy, sell, mortgage, lease or otherwise deal with
or dispose of any property to the like extent as if he were the
beneficial owner. thereof, anything in the Trustee Ordinance,
1934, to the contrary notwithstanding.

31. For the purposes of this Ordinance, it shall not be
necessary for a memorial of any deed, will or other instrtiment
to be verified upon oath, but every memorial shall in lieuthereof
be certified by the Land Officer as correct.

32. It shall not be necessary for the Land Officer to keep an
index of names of the several parties to deeds and other instru-
ments, or if the devisors or devisees in the case of wills, or of the
plaintiffs or defendants in the case of judgments.

33. For the purposes of this Ordinance, the Land Officer
and every Assistant Land Officer shall be deemed to be a duly
appointed commissioner for takiiig acknowledgments of married
women under the Married Women (Disposition of Property)
Ordinance, 1885.

34.(1) A conveyance shall be deemed to include and shall
by virtue of this Ordinance operate to convey, with the land, all
buildings, erectionsi fixtures, commons, hedges, ditches, fences,
ways, waters, watercourses, liberties, privileges, easements,
rights and advantages whatsoever appertaining or. reputed to
appertain to the land, or any part thereof, or at the time of
conveyance demised,. occupied or enjoyed with, or reputed or.
known as part or parcel of or appurtenant to, the land or any
part thereof.

(2). A conveyance of land having houses or other buildings
thereon shall be deemed to include and shall by virtue of this
Ordinance operate to convey, with the land, houses or other
buildings, all outhouses, erections, fixtures, cellars, areas, courts,
courtyards, cisterns, sewers, gutters, drains, ways, passages,
lights, watercourses, liberties, privileges, easements, rights and





advantages whatsoever appertaining or reputed to appertain to
the land, houses or other buildings conveyed or any of them or
any part thereof or at the time of'conveyance demised, occupied
or enjoyed with, or reputed or known as part or parcel of or
Appurtenant to, the land, houses or other buildings conveyed, or
uy of them or any part thereof.

(3) This section applies only if and as far as a contrary
intention is not expressed in the conveyance and, shall have effect
subject to the terms of the conveyance and the provisions therein
contained.

(4) This section shall not be construed as giving to any
person a better title to any property, right or thing in this section
mentioned than the title which this section gives to him to the
land expressed to be conveyed, or as conveying to him any
property, right or thing in this section mentioned further or
otherwise than as the same could have been conveyed to him
by the conveying parties.

35. Every conveyance executed after the 28th day of October,
1910, shall be made according to one of the forms set out in the
Schedule with such variations as circumstances may require.
The Land Officer may prescribe such other forms as he may
deem necessary for facilitating dealings with land.

36. A conveyance on a sale shall be made in Form A in the
Schedule, and the following covenants sliall be deemed to be
included in every such conveyance-

(i) by the vendor with the purchaser, that notwithstanding
anything by the vendor done or knowingly omitted or suffered,
thel Crown lease, licence or grant under which the property
conveyed is held is at the date of the conveyance valid and
subsisting; and that the vendor has at the date if the conveyance
good right to convey the property comprised in the conveyance
as is in the conveyance expressed free from incumbrances except
as therein mentioned; and that the vendor and all persons
claiming under or in trust for him will, during the residue of
the term of years created by the Crown lease, licence or grant
under which the property conveyed is held, at the request and
cost of the purchaser do all acts and execute and sign all deeds

As amended by Law Rev. Ord., 1939.





and writings reasonably required for perfecting the conveyance;

(2) by the purchaser with the vendor, that the purchaser
will during the residue of the term of years created by the Crown
lease, licence or grant under which the property conveyed is held
pay all rents payable in respect of the property conveyed, and
will perform and observe all covenants and conditions so far as
they relate to the property conveyed, contained in the said Crown
lease, licence or grant, and will indemnify the vendor against
the non-payment of the said rents and the non-performance and
non-observance of the said covenants and conditions so far as
aforesaid.

37.(1) A conveyance by way of mortgage (when it is the
intention of the parties that the mortgagee shall not enter into
possession until default is made in payment of the mortgage
money) shall be made in Form II in the Schedule, and the
following convenants by the mortgagor with the mortgagee shall
be deemed to be included in every such mortgage-

(a) that the mortgagor will on the stated day pay to the
mortgagee the stated mortgage money, and will, so long as the
mortgage money or any part thereof remains due, pay to the
mortgagee interest thereon by equal monthly payments at the
stated rate on the stated day of each month.

(b) that the Crown lease, licence ot grant under Which the
property conveyed is held is at the date of the conveyance good,
valid and subsisting, and that the rent thereby reserved and
the lessee's covenants therein contained have been paid and
performed up to the date of the conveyance; and the mortgagor
has at the said date power to assign the property conveyed in
manner therein expressed free from incumbrances except as
therein mentioned;

(c) that the property conveyed may after default in payment
of the moneys intended to be secured by the mortgage be quietly
entered into, held and enjoyed by the mortgagee without any
interruption by any person;

(d) thaf the mortgagor and every person claiming any estate
or interest in the property conveyed will at all times at the cost
of the mortgagor execute and do all such assurances and things
for further or better assuring all or any of the property conveyed
unto the mortgagee as by him shall be reasonably required;





(c) that the mortgagor (until the mortgagee enters into
possession of the property conveyed) will pay all rents payable
in respect of the property conveyed, and will perform and observe
all covenants and conditions, so far as they relate to the property
conveyed, contained in the Crown lease, licence or grant under
which the property conveyed is held, and will indemnify the
mortgagee against the non-payment of the said rent and the
non-performance and non-observance of the said covenants and
conditions so far as aforesaid.

(2) The following proviso shall also be deemed to be
included: that if the mortgagor on the stated day pays to
the mortgagee the stated mortgage money with interest in the
meantime at the stated rate, the mortgagee will at any time
thereafter at the request and cost of the mortgagor release the
property to the mortgagor as in this Ordinance is provided.

38.-(1) In a conveyance by way of mortgage in Form C
in the Schedule there shall be deemed to be included the
following further covenants between the mortgagor and the
mortgagee-

(a) that it shall be lawful for the mortgagee, as from the
date of the mortgage, if not receiving any interest on the
mortgage money, to enter into possession of the property
conveyed and thenceforth quietly to hold, occupy, enjoy and
take the same and all benefits and advantages accruing in respect
thereof without in any way accounting to any person whatsoever
in respect thereof, and without any interruption by any person
until the time when such mortgage is redeemed;

(b) that the mortgagee will on demand refund to the
mortgagor all sums paid by the latter on account of any Crown
rent or taxes payable in respect of the property conveyed during
the possession of the mortgagee, and that the mortgagee will
during such possession indemnify the mortgagor against the
non-performance and non-observance of the covenants and con-
ditions, so far as they relate to the property conveyed, contained
in the Crown lease, licence or grant under which such property
is held.
(2) The following further provisos shall also be deemed to
be included-
(a) that on the mortgagor paying to the mortgagee the

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





principal money (without, interest) and all costs lawfully due to
the mortgagee in respect of the mortgage, the mortgagee will
at the request and cost of the mortgagor release the mortgaged
property to the mortgagor as in this Ordinance is provided;
(b) that the mortgagor shall not be entitled to redeem the
mortgage except on giving three months' notice in writing.to the
mortgagee of his intention so to do.

39. A transfer of mortgage, made in Form D in the Schedule
shall have effect as follows-

(1) there shall be vested in the person to whom the
mortgage is expressed to be transferred (hereinafter called the
transferee) the right to demand, sue for, recover and give receipts
for the mortgage money or the unpaid part thereof, and interest
(if any) due thereon and thenceforth to become due thereon,
and the benefit of all securities for the same, and the benefit of
and the right to sue on all covenants with the mortgagee, and
the right to exercise all the powers of the mortgagee;
(2) all the estate and interest of the mortgagee in the
mortgaged property shall vest in the transferee subject to
redemption.

40.-(1) In any lease made in Form D in the Schedule, the
following covenants by the lessee and lessor respectively shall
be implied-

(a) by the lessee, at all times during the continuance of the
lease, to pay the rent at the time and in the manner in which
such rent, is stated to be payable in the lease, and all rates, taxes
and assessments payable in respect thereof, except as otherwise
expressly stated, and to keep and deliver up the said premises to
the lessor or persons deriving title under him at the expiration
or sooner determination of the term or tenancy in good order and
condition according to the custom of the country;
(b) by the lessor, to permit the lessee, and those deriving
title from or under him, to enter into and upon, or receive, and
thenceforth quietly hold and enjoy, or take the subject-matter
expressed to be leased during the continuance of the term or
tenancy, so long as the lessee performs all the covenants, agree-
ments and conditions contained in such lease and on his part
to be observed and performed.

As amended by Law Rev. Ord., 1939.





(2) The following shall also be deemed to be included-

(a) a reservation for the lessor at all times in the day-time,
by himself or his agents, of the right to enter into and upon the
said premises for the purpose of inspecting the same;

(b) a proviso that the lessor, or person deriving title under
him, may, in the event of the rent or any part thereof being in
arrear.for the space of twenty-one days after any of the days on
which it ought to be paid, or on the breach by the lessee of any
covenant, condition or agreement by him (either expressed or
implied), re-enter upon the said premises the subject-matter of
the lease, or any part thereof in the name of the whole, And
thereupon the said lease shall absolutely determine and become
void.

41. In any conveyance under this Ordinance where any
person is expressed to convey as mortgagee or trustee or as
personal representative of a deceased person, or under an order
made under this Ordinance or by any court, then the following
covenant only, which shall be deemed to extend to such person's
own acts only, shall be implied.

that the person so conveying has not executed or done or
knowingly suffered or been party or privy to any act, deed or
thing, whereby or by means whereof the subject-matter of the
conveyance or any part thereof is or may be impeached, charged,
affected or incumbered in title, estate or otherwise, or by means
whereof the person who so conveys is in anywise hindered or
prevented from conveying the subject-matter of the conveyance,
or any part thereof, in the manner in which it is expressed to be
conveyed.

42. A mortgagee. and any person entitled to give a receipt
for the mortgage money, where the mortgage is made in accord-
ance with Form B in the Schedule, shall have the following
powers to the like extent as if they had been conferred by the
mortgage deed but not further-

(i) where the mortgage money has become due, to sell
and convey the mortgaged property, subject to prior charges,
estates and interests (if any) to which the mortgaged property
is subject, but free from all other estates, interests and rights to
which the mortgage had priority, in such manner and subject to
such conditions, not being at variance with the meaning of this





Ordinance, as he thinks fit, with power to vary, any contract for
sale, buy in at any auction, and rescind any contract for sale,
and to re-sell without being answerable for any loss occasioned
thereby: Provided that a mortgagee shall not exercise the
power of sale unless and until notice requiring payment of the
mortgage money has been served on the mortgagor, or on one
of the several mortgagors, or left on the mortgaged premises,
and. default has been made in payment of the mortgage money
or part thereof for one month after such service, or some interest
under the mortgage is in arrear and unpaid for one month after
becoming due, or there has been a breach of some provision
contained in the mortgage deed or in this Ordinance other than
a covenant for payment of the mortgage money and interest;

(2) to insure the mortgaked property or any part thereof
for any sum not exceeding the amount of the mortgage money,
and any moneys paid for such insurance shall be a charge on the
mortgaged property in addition to the mortgage money, and
with the same priority, and with interest at the same rate as
the mortgage money. The mortgagee shall account to the
mortgagor for all moneys received by him on an insurance
effected on the mortgaged property.

43. When a sale is made under a power of sate conferred by
this Ordinance, the title of the purchaser shall not be impeached
by reason that no case had arisen to authorize the sale or that
due notice was not given or that the power was otherwise
improperly or irregularly exercised; but any person damnified
by an unauthorized, improper or irregular exercise of the power
of sale shall have his remedy in damages against the person
exercising the power.

44. Any money received by a mortgagee from the sale, after
payment and discharge of prior incumbrances (if any) to which
the sale is not subject, shall be applied first in payment of all
proper costs and expenses incurred by him on such sale, secondly
in payment of the mortgage money, interest and costs, due under
the mortgage, and the residue (if any) shall be paid to the
person entitled to the mortgaged property or authorized to give
receipts for the proceeds of sale thereof.

45. The receipt in writing of a mortgagee shallbe a sufficient
discharge for any money arising under the power of sale con-
ferred by this Ordinance, and no person paying or transferring





the same to the mortgagee shall be concerned to inquire whether
any money remains due under the mortgage.

46. When all moneys due tinder or in respect of any
mortgage have been paid off or the said mortgage has been
otherwise fully satisfied, a receipt by the mortgagee.in Form F
in the Schedule, when registered by the Land Officer, shall vest
in the mortgagor or other persons deriving title by, through or
under him the property comprised in such mortgage, freed and
absolutely discharged from the said mortgage and all claims and
demands in respect thereof.

47. A receipt for any consideration money or other con-
sideration embodied in a deed shall be a sufficient discharge to
any person paying the same without any, further receipt, and
shall in favour of any stibsequent purchaser not having notice
that the same was not in fact paid or given be sufficient evidence
of, the payment thereof.

48. Where any mortgage made under this Ordinance is
expressed to be made to more persons than one jointly and not
in shares, the mortgage money shall be deemed to be owing to
such persons on a joint account, and the receipt of the survivor,
or his successorg or personal representatives, shall be a complete
discharge for that amount.

49. In the construction of a covenant or a proviso, or other
provision implied in a deed by virtue of this Ordinance, words
importing the singular or plural number or the masculine gender
shall be read as also importing the plural or singular number,
or the feminine gender, as the case may require.

50. The benefit of a covenant implied by this Ordinance
shall be annexed and incident to, and shall go with, the estate
or interest of the implied covenantee, and shall be capable of
being enforced by any person in whom that estate or interest is,
for the, whole or any part thereof, vested.

51. Every covenant, whether expressed or implied, shall be
deemed to be made with the covenantee, his successors, executors,
administrators and assigns, and shall have effect as if successors,
executors, administrators and assigns were expressed.

52. Any covenant or provision implied by this Ordinance





may be varied or extended by deed, and as so varied and
extended shall, as far as may be, operate in the like manner and
with all the like incidents, effects and consequences as if such
variations and extensions were directed in this Ordinance to be
implied.

53. Every conveyance, except a conveyance by way of lease,
shall by virtue of this Ordinance be effectual to pass all the
estate, right, title, interest, claim and demand which the con-
veying parties respectively have in or to or on the property so
conveyed or expressed or intended to be so conveyed, or which
they respectively have power to convey in or to or on the same.

54. It shall be lawful for the Governor in Council to make
regulations for the purposes of Part II, and particularly for fixing
the fees to be paid thereunder, and for providing for the recovery
of Crown rent by distraint or other proceedings. The said
regulations shall be published in both the English and Chinese
languages.

55. Any fees payable in virtue of any such regulation shall
be recoverable summarily.

56. A copy of or extract from any document in the custody
of the Land Officer shall, if certified by him to be correct, be
admissible in evidence in all courts to the same extent as the
original document would be admissible.

57. Nothing in this Ordinance shall be deemed to affect the
interests of the Crown, or to confer a larger right in relation to
any land than is granted in the Crown lease, grant or licence
whereunder the said land is held; and no liability shall attach
to the Land Officer, or to any Assistant Land Officer, or to the
Government, or to the Crown, in respect of any act done or
entry made by such Land Officer or Assistant Land Officer in
the course of his duty.

PART III

Small Debts Court.

58. It shall be lawful for a magistrate (to be authorized for
the purpose by the Governor by notification) to hold a Small
Debts Court in such places in the New Territories, exclusive of





New Kowloon, as the Governor may direct, and in such court
to exercise a summary jurisdiction at law and in equity in
all actions or matters where the claim, debt or damages sought
to be recovered does not exceed two hundred dollars and the
defendant is residing or carrying on business in any part of the
New Territories, exclusive of New Kowloon, or was residing or
carrying on business there at the time when the cause of action
arose

Provided that if both parties in any such action or matter
agree, by a memorandum signed by them or duly authenticated
by their marks, the magistrate may, on satisfying himself that
the effect of the memorandum is fully understood by the parties,
exercise a likejurisdiction where the claim, debt or damages
sought to be recovered does not exceed one thousand dollars:
Provided always that the judgment of such magistrate shall not
be evidence of title between the parties or their privies in any
other action or matter in that court or in any other court; and
such consent shall not prejudice or affect any right of appeal of
either of the parties.

59. All actions for sums not exceeding two hundred dollars
shall be commenced within three years next after the cause of
action accrues, unless there has been some contract, acknow-
ledgment, undertaking or promise to pay in respect thereof by
the party to be charged within three years before the commence-
ment of such action.

60. No person shall be precluded or exempted from suing or
being sued for any debt or damages not exceeding two hundred
dollars by reason of his not having attained the full age of twenty-
one years.

61. No cause of action which exists at any one time
amounting in the whole to a sum exceeding two hundred dollars
shall be split or divided so as to be made the ground of two or
more different actions in order to bring such cases within the
jurisdiction of the magistrate, and if the magistrate finds that
the plaintiff in any case has split his cause of action as aforesaid
he shall dismiss the action, without prejudice to the plaintiff's
right to sue upon the. cause of action in such other manner as
he may be advised: Provided that if such plaintiff is satisfied
to recover a sum not exceeding two hundred dollars then the





magistrate shall entertain the action of shch plaintiff, and in case
any order is made in his favour the same shall be expressed to
be, and shall be, in full discharge of the whole cause of action.

62. It shall be lawful for the magistrate before whom a claim
under this Part is heard to appoint any fit person to execute any
process of the court in respect of such claim.

63. Any goods or chattels seized under a distress warrant
issued by the authority of a magistrate in respect of any claim
under this Part may be sold by the bailiff or other officer
executing such warrant at or near the place of the seizure of
such goods.
64. Where a claim is made to or in respect of property taken
in execution under this Part by any person other than the party
against whom such execution issued, such claim shall be heard
and determined by the magistrate upon a summons calling before
him as well such claimant as the party on whose behalf such
execution issued, and the decision upon such claim shall be final.

65. No action of proceeding for sums not exceeding two
hundred dollars which might be brought under this Part before
a magistrate shall be brought in the summary jurisdiction of the
Supreme Court unless by the leave of the magistrate or with the
consent of the defendant.

[s. 66, rep. No. 12 of 1912.]

67. No action or proceeding against any officer of the
Government in his official capacity shall be brought under this
Ordinance unless with the consent of the Attorney General.

68. Any magistrate holding a court under this Part, if in
his opinion any action or matter brought before him is of
sufficient importance to be dealt with by the Supreme Court, may,
decline to proceed with the same and in such event the plaintiff
may thereafter institute proceedings in the Supreme Court as if
no proceedings had been taken under this Part.

69. No legal practitioner shall be entitled to appear on behalf
of any party in any action or matter pending before a magistrate
under this Part except by special permission of such magistrate.

As amended by Law Rev. Ord., 1939.






70. It shall be lawful for the magistrate, on, such grounds
as he may think sufficient, to review any judgment or decision
given by him, within one month from the date thereof, and on
such review to reopen and retry the case, wholly or in part, and
to take fresh evidence, and to reverse, vary or confirm his
previous judgment or decision.

71. Nothing in this Part shall be deemed to limit in any
way any jurisdiction conferred on the Land Officer by Part II ;
neither shall anything in this Part affect the right of appeal of
either of the parties: Provided that the provisions,of the Magis-
trates Ordinance, 1932, with respect to appeals shall apply to the
decisions of magistrates under this Part.

72. The Governor in Council may make rules for regulating
proceedings under this Part and may prescribe the forms to be
used and the fees to be paid in such proceedings.
[PART IV, rep. No. 8 of 1912, No. 25 of 1933
and Law Revision Ordinance, 1939]

SCHEDULE. [s. 35.]

FORM A. [s. 36.]

Conveyance on sate.

In consideration of $this day paid (the receipt whereof
is hereby acknowledged) of (1), as vendor
hereby assigns unto of as purchaser
the Lot No. in District No. in the New Territories of
this Colony for the residue of the term of years created by the Crown
lease thereof, subject to the incumbrances mentioned in the schedule
hereto.

SCHEDULE.





As WITNESS the hands and seals of the parties this day of

SIGNED, sealed and delivered by



[L.S.]
[L.S.]

FORM B. [ss. 37, 42.]

Mortgage

In consideration of $ this day lent (or now owing) the
receipt whereof is hereby acknowledged of
ais mortgagor hereby assigns unto of
as mortgagee the Lot No. in District No.in the
New Territories of this Colony for the residue of the term of years
created by the Crown lease thereof, subject to the incumbrances
mentioned in the schedule hereto, for securing payment on the
day of ' 19 ' of $ as the mortgage
money with interest thereon at the rate of $ per month
payable monthly on the day of each month. -


As WITNESS the hands and seals of the parties this day of

19

SIGNED, sealed and delivered by


[L.S.]
[L.S.]





FORM C [S. 38.]


Chinese customary mortgage.

In consideration of $ this day lent (or now owing) the
receipt whereof is hereby acknowledged of
as mortgagor hereby assigns unto of
as mortgagee the Lot No. in District No.in the
New Territories of this Colony for the residue of the term of years
created by the Crown lease thereof, subject to the incumbrances
mentioned in the schedule- hereto, for securing payment on the
day of . 19 of $ as mortgage money
without interest, the mortgagee to be at liberty to enter into and keep
possession of the mortgajed land until redeniption.

AS WITNESS the hands and seals of the parties this day of
19
SIGNED, sealed and delivered by
[L.S.]
[L.S.]




FORM D. [s. 39.]

Transfer of mortgage.

In consideration of $ this day paid, the receipt whereof
is hereby acknowledged, of as transferor
hereby transfers to of as transferhe the
benefit of the mortgage of Lot No. in District No.
in the New Territories of this Colony, dated the day of
19 and registeredby Memorial No.
As WITNESS the hands and seals of the parties this day of

19

SIGNED, sealed and delivered by

FORM E. [ S. 40]

Lease.

of
lessor, hereby leases unto of
lessee, Lot No. in District No. in the New Territories
of this Colony for the term of years from the day of
19 at the rent of $ per month.

As WITNESS the hands and seals of thd parties this day of

19

SIGNED, sealed and delivered by

[L. S.]

FORM F. [s. 46.]
Receipt on redemption of mortgage.

Received from in settlement of all
moneys intended to be secured by, the within-written deed.

WITNESS to the signature
of
[Originally No. 34 of 1910. No. 6 of 1930. No. 36 of 1931. No. 7 of 1933. No. 25 of 1933. No. 7 of 1935. No. 38 of 1935. Law Rev. Ord., 1939.] Short title. Interpretation. [27.10.33] Making of rules relating to revenue matters. [cf. No. 6 of 1901, s. 49 (6).] Making of rules relating to certain public health matters. Ordinance No. 15 of 1935. Cemeteries. Publication of rules. Punishment for breach of rules. Application of Part II to land in New Territories. Vesting of land in New Territories in the Crown. Land Officer. Assistant Land Officer. District land offices. Documents to be registered in appropriate district office. Land Officer to decide questions relating to land summarily. Powers of Land Officer. Exclusion of legal practitioners. Appeal from Land Officer to Supreme Court. Exclusion of certain proceedings from Jurisdiction of Supreme Court. Ordinance No. 1 of 1883. Supreme Court may enforce Chinese customs. Registration of judgment. Registration of manager of 't'ong', etc. Exemption of certain clans from the Companies Ordinance, 1932. Ordinance No. 39 of 1932. Registration of successors to deceased landholder where no probate granted. [cf. No. 3 of 1932, s. 6 (4), (4B).] Ordinance No. 2 of 1897. Power to appoint trustees for minors. Ordinance No. 18 of 1934. Certification of memorials. Land Officer not required to keep index. Land Officer to be commissioner to take acknowledgments. Ordinance No. 5 of 1885. Rights and things included in a conveyance. Conveyance to be in prescribed forms. Schedule. Sales. Schedule. Form A. Implied convenants : (1) Validity of lease, right to convey, further assurance. (2) Purchaser to pay rents, etc. mortgages. Schedule. Form B. Implied convenants : to pay principal and interest. Validity of lease and right to convey. Quiet enjoyment after default. Further assurance. Mortgagor to pay rents, etc. proviso for redemption. Chinese customary mortgage. Schedule. Form C. Implied convenants : Quiet enjoyment. Refund of Crown rent and indemnity. Redemption. at end of term. Notice of intention to redeem. Effect of transfer of mortgage. Schedule. Form D. Leases. Schedule. Form E. Implied convenants ; To pay rent and yield up at end of term. Quiet enjoyment. Lessor's right to inspect. Proviso for re-entry. Implied convenant on conveyance by mortgagee, trustee, etc. powers of mortgagee : Schedule. Form B. to sell; to insure. Protection of purchasers from mortgagees. Application of proceeds of sale. Mortgagee's receipt a sufficient discharge. Satisfaction of mortgage. Schedule. Form F. Receipt in body of deed to be sufficient. Mortgage to two or more jointly. Construction of implied convenants. Convenant to be annexed to estate. Convenants to extend to successors, etc. Implied covenant may be varied. Provision for all the estate, etc. Power for Governor in Council to make regulations. Recovery of fees. Certified copies receivable in evidence. Ordinance not to affect Crown, etc. jurisdiction of Small Debts Court. Limitation of actions. Infancy no bar. Prohibition of splitting of claims. Appointment of person to execute process. Goods seized may be sold at or near place of seizure. Claims in respect of property seized. Exclusive jurisdiction. No action against officer of Government without consent. Provision as to Supreme Court. Exclusion of legal practitioners. Review of judgment. Jurisdiction under Part II and right of appeal reserved. Ordinance No. 41 of 1932. Governor in Council to make rules. (1) If the vendor is a mortgagee, trustee, personal representative of a deceased person or a registered manager, his capacity should be stated. [Sched. Contd.] [Sched. Contd.] [Sched. Contd.]

[Originally No. 34 of 1910. No. 6 of 1930. No. 36 of 1931. No. 7 of 1933. No. 25 of 1933. No. 7 of 1935. No. 38 of 1935. Law Rev. Ord., 1939.] Short title. Interpretation. [27.10.33] Making of rules relating to revenue matters. [cf. No. 6 of 1901, s. 49 (6).] Making of rules relating to certain public health matters. Ordinance No. 15 of 1935. Cemeteries. Publication of rules. Punishment for breach of rules. Application of Part II to land in New Territories. Vesting of land in New Territories in the Crown. Land Officer. Assistant Land Officer. District land offices. Documents to be registered in appropriate district office. Land Officer to decide questions relating to land summarily. Powers of Land Officer. Exclusion of legal practitioners. Appeal from Land Officer to Supreme Court. Exclusion of certain proceedings from Jurisdiction of Supreme Court. Ordinance No. 1 of 1883. Supreme Court may enforce Chinese customs. Registration of judgment. Registration of manager of 't'ong', etc. Exemption of certain clans from the Companies Ordinance, 1932. Ordinance No. 39 of 1932. Registration of successors to deceased landholder where no probate granted. [cf. No. 3 of 1932, s. 6 (4), (4B).] Ordinance No. 2 of 1897. Power to appoint trustees for minors. Ordinance No. 18 of 1934. Certification of memorials. Land Officer not required to keep index. Land Officer to be commissioner to take acknowledgments. Ordinance No. 5 of 1885. Rights and things included in a conveyance. Conveyance to be in prescribed forms. Schedule. Sales. Schedule. Form A. Implied convenants : (1) Validity of lease, right to convey, further assurance. (2) Purchaser to pay rents, etc. mortgages. Schedule. Form B. Implied convenants : to pay principal and interest. Validity of lease and right to convey. Quiet enjoyment after default. Further assurance. Mortgagor to pay rents, etc. proviso for redemption. Chinese customary mortgage. Schedule. Form C. Implied convenants : Quiet enjoyment. Refund of Crown rent and indemnity. Redemption. at end of term. Notice of intention to redeem. Effect of transfer of mortgage. Schedule. Form D. Leases. Schedule. Form E. Implied convenants ; To pay rent and yield up at end of term. Quiet enjoyment. Lessor's right to inspect. Proviso for re-entry. Implied convenant on conveyance by mortgagee, trustee, etc. powers of mortgagee : Schedule. Form B. to sell; to insure. Protection of purchasers from mortgagees. Application of proceeds of sale. Mortgagee's receipt a sufficient discharge. Satisfaction of mortgage. Schedule. Form F. Receipt in body of deed to be sufficient. Mortgage to two or more jointly. Construction of implied convenants. Convenant to be annexed to estate. Convenants to extend to successors, etc. Implied covenant may be varied. Provision for all the estate, etc. Power for Governor in Council to make regulations. Recovery of fees. Certified copies receivable in evidence. Ordinance not to affect Crown, etc. jurisdiction of Small Debts Court. Limitation of actions. Infancy no bar. Prohibition of splitting of claims. Appointment of person to execute process. Goods seized may be sold at or near place of seizure. Claims in respect of property seized. Exclusive jurisdiction. No action against officer of Government without consent. Provision as to Supreme Court. Exclusion of legal practitioners. Review of judgment. Jurisdiction under Part II and right of appeal reserved. Ordinance No. 41 of 1932. Governor in Council to make rules. (1) If the vendor is a mortgagee, trustee, personal representative of a deceased person or a registered manager, his capacity should be stated. [Sched. Contd.] [Sched. Contd.] [Sched. Contd.]

https://oelawhk.lib.hku.hk/items/show/1508

MIDWIVES ORDINANCE, 1910

No. 14 of 1910, repealed by No. 24 of 1912.

No. 15 of 1910, incorporated in No. 4 of. 1897.

No. 16 of 1910, repealed by No. 9 of 1911.

No. 17 of 1910, incorpoiated in No. 18 of 1908,
repealed by No. 22 of 1919.

No. 18 of 1916, incorporated in No. 10 of 1900.

No. 19 of 1910, repealed by No. 8 of 1912.

No. 20 of 1910, incorporated in No. 7 of 1875.

No. 21 of 1910, repealed by No. 24 of 1923.

No. 22 of 1910.

AnOUrdinance to secure the better training of midwives and
to regulate their practice.

[2nd September, 1910.]

1. This Ordinance may be cited as the Midwives Ordinance,
1910.

2.-(1) Every woman who not being certified and enrolled
under this Ordinance takes or uses any name, title, addition or
description implying that she is certified and enrolled under this

Asamended by No. 12 of 1926 [27.8.26], No. 21 of 1936 [1.1.37], No.
49 of 1936 [4.12.36] and Law Rev. Ord., 1939.





Ordinance or is a person specifically qualified to carry on the
work of a midwife, or is recognized by law as a midwife, shall
upon summary conviction be liable to a fine not exceeding two
hundred and fifty dollars.

Every woman who habitually and for gain attends
women in child-birth otherwise than under the direction of a
medical practitioner unless she is certified and enrolled shall upon
summary conviction be liable to a fine not exceeding two hundred
and fifty dollars.

(3) No woman shall be certified and enrolled until she has
complied with the regulations made under this Ordinance.

(4) No certified and enrolled woman shall employ an
uncertified woman as a substitute.

(5) The certificate under this Ordinance shall not confer on
any woman any right or title to be registered under the Medical
Registration Ordinance, 1935, or to assume any name, title or
designation implying that she is by law recognized as a medical
practitioner, or that she is authorized to grant any medical
certificate or any certificate of death or still-birth or to undertake
the charge of cases of abnormality or disease in connexion with
parturition.

[S. 3, rep. No. 25 Of 1930.]

4.-(1) There shall be established a Midwives Board, here-
inafter called the Board, which shall consist of the Director of
Medical Services and six other persons appointed by the
Governor. The Director of Medical Services shall be the chair-
man of the Board. Each of the appointed members shall hold
office for such term, or subject to such conditions, as the
Governor may prescribe: Provided that the Governor may at
any time cancel any appointment.

(2) The duties and powers of the Board shall be as follows-
(a) to make regulations, subject to the approval of the
Governor-
(i) regulating its own proceedings;

As amended by No. 12 of 1926.[27.8.26] and Law Rev. Ord., 1939.





(ii) regulating the issue of certificates and the conditions of
admission to the roll of midwives;

(iii) regulating the course of training and the conduct of
examinations;

(iv) regulating, supervising and restricting within due limits
the practice of midwives;

(v) deciding the conditions under which midwives may be
suspended from practice

(vi) defining the particulars required to be given in any
notice under section 8 ;

(b) to appoint examiners;

(c) to decide upon the places where and the times when
examinations shall be held;

(d) to publish annually a roll of certified midwives;

(e) to decide upon the removal from the roll of the name of
any midwife for disobeying the regulations or for other mis-
conduct, and upon the restoration to the roll of the name of any
midwife so removed;

to issue and cancel certificates; and

(g) generally to do any other act or duty which may be
necessary for the due and proper carrying out of the provisions
of this Ordinance.

5. There shall be a roll of midwives containing the names
of all certified midwives practising or authorized to practise in
the Colony.

The entry on the roll shall in every case indicate the con-
ditions in virtue of which the certificate was granted.

6. Any woman thinking herself aggrieved by any decision
of the Board cancelling her certificate and removing her name
from the roll of midwives may appeal to the Governor in Council
within three months after the notification of such decision to her.

7. The Board shall appoint a secretary and such other
officers as may be required who shall be removable at the pleasure

As amended by No. 49 of 1936 [4.12.36].





of the Board. The Director of Medical Services, or such person
as he shall appoint, shall have the custody of the roll.

A copy of the roll purporting to be printed by the authority
of the Board or to be signed by the secretary shall be evidence
in all courts that the women therein specified are certified and
enrolled; and the absence of the name of any woman from such
copy shall be evidence, until the contrary is made to appear,
that such woman is not certiied and enrolled: Provided always
that in the case of any woman whose name does not appear in
such copy a certificate under the hand of the secretary of the
entry of the name of such woman on the roll shall be evidence'
that such woman is certified and enrolled.

8. Every certified woman, not already enrolled, who desires
to practise or to be authorized to practise in the Colony shall,
before holding herself out as a practising midwife or commencing
to practise as a midwife, give notice in writing to the secretary
applying for admission to the roll and shall pay an enrolment
fee of five dollars.

Every certified and enrolled woman who desires her name
to be retained on the roll on its next annual publication shall give
notice of such desire in writing to the secretary in the month of
January and shall pay a retention fee of one dollar.

Every such notice shall contain such particulars as may be
required by the regulations to secure the identification of the
person giving it; and every woman who omits to give any of the
said notices, or knowingly or wilfully makes or causes or procures
any other person to make any false statement in any such notice,
shall upon summary conviction be liable to a fine not exceeding
fifty- dollars.

[s. 9, rep. Law Revision Ordinance, 1939]

-10. Every person who wilfully makes or causes to be made
any falsification in any matter relating to the roll of midwives
shall be guilty of a misdemeanor and shall be liable to imprison-
ment for any term not exceeding one year.

[s. 11, rep. No. 12 of 1926.]

As amended by No. 12 of 1926 [27.8.26].
As amended by No. 49 of 1936 [4.12.36].
As amended by Law Rev. Ord., 1939.





12. Nothing in this Ordinance shall apply to medical practi
tioners.

[s. 13, rep. No. 21 of 1936.]

14. In this Ordinance,

(a) ' Board ' means the Midwives Board established under
this Ordinance;
(b) - Certified means certified under this Ordinance;
(c) ' Alidwife means, a woman who is certified and
enrolled.

No. 23 of 1910, incorporated in No. 2 of 1898.

No. 24 of 1910, repealed by No. 25 of 1935.

No. 25 of 1910, repealed by No. 2 of 1020.

No. 26 of 1910, incorporated in No. 10 of 1910,
repealed by No. 6 of 1917.

No. 27 of 1910, incorporated in No. 1 of 1873.

No. 28 of 1910, repealed by No. 42 of 1912.

No. 29 of 1910, incorporated in No. 9 of 1910,
repealed by No. 9 of 1916.

No. 30 of 1910, repealed by No. 8 of 1912.

No. 31 of 1910, repealed by No. 9 of 1911.

No. 32 of 1910, incorporated in No. 1 of 1869.

No. 33 of 1910, incorporated in No. 23 of 1909,
repealed by No. 4 of 1914.

As amended by No. 12 of 1926 [27.8.26].
* As amended by No. 49 of 1936 [4.12.36]
As amended by Law Rev. Ord., 1939.
[Originally No. 22 of 1910. No.12 of 1926. No. 5 of 1928. No. 25 of 1930. No. 21 of 1936. No. 49 of 1936. Law Rev. Ord., 1939.] Short title. Certification. 2 Edw. 7, c. 17, s. 1. [cf. No. 48 of 1936, s. 2 (1).] [cf. No. 41 of 1935, s. 11.] [5.12.30.] Constitution of Midwives Board. 2 Edw. 7, c. 17, s. 3. Duties of Midwives Board. Midwives roll. 2 Edw. 7, c. 17, s. 6. Appeal from the decision of the Board. 2 Edw. 7, c. 17, s. 4. Appointment of secretary; and supplemental provisions as to certificate. 2 Edw. 7, c. 15, s. 7. Notification of practice. 2 Edw. 7, c. 15, s. 10. Penalty for wilful falsification of the roll. 2 Edw. 7, c. 17, s. 12. [27.8.26.] Medical practitioners exempted. 2 Edw. 7, c. 15, s. 16. [1.1.37.] Interpretation. [14.6.35.]

[Originally No. 22 of 1910. No.12 of 1926. No. 5 of 1928. No. 25 of 1930. No. 21 of 1936. No. 49 of 1936. Law Rev. Ord., 1939.] Short title. Certification. 2 Edw. 7, c. 17, s. 1. [cf. No. 48 of 1936, s. 2 (1).] [cf. No. 41 of 1935, s. 11.] [5.12.30.] Constitution of Midwives Board. 2 Edw. 7, c. 17, s. 3. Duties of Midwives Board. Midwives roll. 2 Edw. 7, c. 17, s. 6. Appeal from the decision of the Board. 2 Edw. 7, c. 17, s. 4. Appointment of secretary; and supplemental provisions as to certificate. 2 Edw. 7, c. 15, s. 7. Notification of practice. 2 Edw. 7, c. 15, s. 10. Penalty for wilful falsification of the roll. 2 Edw. 7, c. 17, s. 12. [27.8.26.] Medical practitioners exempted. 2 Edw. 7, c. 15, s. 16. [1.1.37.] Interpretation. [14.6.35.]

https://oelawhk.lib.hku.hk/items/show/1507

TRADE MARKS ORDINANCE, 1909

No. 40 of 1909.

An Ordinance to amend the law relating to trade marks.

[1st April, 1910.]

1. This Ordinance may be cited as the Trade Marks
Ordinance, 1909.

Definitions.

2. In this Ordinance,

(a) ' The court ' means the Supreme Court, and includes a
judge sitting in court or in chambers and in original or summary
jurisdiction ;

(b) ' Mark ' includes a device, brand, heading, label, ticket,
name, signature, word, letter, numeral or any combination
thereof;





(c) ' The register ' means the register of trade marks kept
under this Ordinance;

(d) ' The Registrar ' means such officer as the Governor
may appoint to be Registrar of Trade Marks;

(e) ' Registered trade mark means a trade mark which is
actually upon the register ;

(f) ' Registrable trade mark ' means a trade mark which
is capable of registration under this Ordinance ;

(g) 'The seal of the Registrar ' means the seal of the office
in which the register of trade marks is kept;

(h) ' Trade mark ' means a mark used or proposed to be
used upon or in connexion with goods for the purpose of
indicating that they are the goods of the proprietor of such trade
mark by virtue of manufacture, selection, certification, dealing
with or offering for sale;

(i) ' The tribunal ' means the Governor, the court or the
Registrar.

Seal.

3. The Registrar shall use a seal having a, device and
impression of the Royal Arms with a label surrounding the same
and the inscription ' Registrar of Trade Marks, Hong Kong ',
and the use of such seal from and after the 10th day of December,
1909, is hereby validated and authorized.

Register of trade marks.

4. There shall be kept for the purposes of this Ordinance,
at such office as the Governor shall by notification direct, a
book called the register of trade marks, wherein shall be entered
all registered trade marks with the dates of their registration,
the names and addresses of their proprietors, notifications of
assignments and transmissions, disclaimers, conditions, limita-
tions and such other matters relating to such trade marks as may
be prescribed. The register shall be kept under the control and
management of the Registrar.

5. There shall not be entered in the register any notice of
any trust expressed, implied or constructive, nor shall any such
notice be receivable by the Registrar.





6. The register of trade marks existing at the commence-
ment of this Ordinance shall be incorporated with and form part
of the register. Subject to the provisions of sections 36 and 41,
the validity of the original entry of any trade mark upon the
register so incorporated shall be determined in accordance with
the Ordinance in force at the date of such entry, and such trade
mark shall retain its original date, but for all other purposes
it shall be deemed to be a trade mark registered under this
Ordinance.

7. The register shall during office hours be open to the
inspection of the public, subject to such regulations as may be
prescribed; and certified copies, scaled with the seal of the
Registrar, of any entry therein shall be given to any person
requiring the same on payment of the prescribed fee.

Registrable trade marks.

8. A trade mark must be registered in respect of particular
goods or classes of goods.

9. A registrable trade mark must contain or consist of at
least one of the following essential particulars-

(1) the name of a company, individual or firm represented
in a special or particular manner;

(2) the signature (in other than Chinese characters) of the
applicant for registration or of some predecessor in his business;

(3) an invented word or invented words;

(4) a word or words having no direct reference to the
character or quality of the goods, and not being according to
its ordinary signification a geographical name or a surname;

(5) hny other distinctive mark,

but a name, signature, or word or words, other than such as fall
within the descriptions in paragraphs (1), (2), (3) and (4),
shall not, except by order of the Governor or the court, be deemed
a distinctive mark:

Provided always that any special or distinctive word or
words, letter, numeral or combination of letters or numerals used





as a trade mark by the applicant or his predecessors in business
before the 13th day of August, 1875, which has continued to be
used (either in its original form or with additions or alterations
not substantially affecting the identity of the same) down to the
date of the application for registration, shall be registrable as a
trade mark under this Ordinance, if it is already registered in the
United Kingdom as an old mark used before the said date.

For the purposes of this section, ' distinctive ' shall mean
adapted to distinguish the goods of the proprietor of the trade
mark from those of other persons.

In determining whether a trade mark is so adapted, the
tribunal may, in the case of a trade mark in actual use, take into
consideration the extent to which such user has rendered such
trade mark in fact distinctive for the goods with respect to which
it is registered or proposed to be registered.

10. A trade mark may be limited in whole or in part to one
or more specified colours, and in such case the fact that it is so
limited shall be taken into consideration by any tribunal having
to decide on the distinctive character of such trade mark. If and
so far as a trade mark is registerod without limitation of colour,
it shall be deemed to be registered for all colour.

11. It shall not be lawful to register as a trade mark or
part of a trade mark any matter the use of which would by reason
of its being calculated to deceive or otherwise be disentitled to
protection in a court of justice, or would be contrary to law or
morality, or any scandalous design.

Registratioit of trade marks.

12.-(1) Any person claiming to be the proprietor of a trade
mark who- is desirous of registering the same must apply in
writing to the Registrar in the prescribed manner.

(2) Subject to the provisions of this Ordinance, the Regis-
trar may refuse an application, or may accept it absolutely or
subject to conditions, amendments or modifications.

(3) In case of any such refusal or conditional acceptance,
the Registrar shall, if required by the applicant, state in writing
and communicate to the applicant the grounds of his decision and

As amended by Law Rev. Ord., 1939.





the materials used by him in arriving at the same, and such.
decision shall be subject to appeal to the Governor or the court
at the option of the applicant. The tribunal shall, if required,
hear the applicant and the Registrar, and shall make an order
determining whether, and subject to what conditions, amend-
ments or modifications, if any, the application is to be accepted.

(4) Appeals under this section shall be heard on the
Materials so stated by the Registrar to have been used by him
in arriving at his decision, and, no further grounds of objection
to the acceptance of the application shall be allowed to be taken
by the Registrar other than those stated by him, except by leave
oi the tribunal hearing the appeal. Where any further grounds
of objection are taken, the applicant shall be entitled to withdraw
his application without payment of costs on giving notice.

(5) The Registrar or the Governor or the court, as the case
may be, may at any time, whether before or after acceptance,
correct ariv error in or in connexion with the application, or may
permit the applicant to amend his application upon such terms
as he or it may think fit.

13. When an application for registration of a trade mark
has been accepted, whether absolutely or subject to conditions,
the applicant shall, as soon as may be after such acceptance,
cause the application, as accepted, to be advertised in the pre-
scribed manner. Such advertisement shall set forth all conditions
subject to which the application has been accepted.

14.-(1) Any person may, within the prescribed time from
the date of the advertisement of an application for registration
of a trade mark, give notice to the Registrar of opposition to
such registration.

(2,) Such notice shall be given in writing in the prescribed
manner and shall include a statement of the grounds of
opposition.

(3) The Registrar shall send a copy of such notice to the
applicant and, within the prescribed time after the receipt of
such notice, the applicant shall send to the Registrar, in the
prescribed manner, a counter-statement of the grounds on which
he relies for his application, and if he does not do so he shall
be deemed to have abandoned his application.





(4) If the applicant sends such counter-statement, the Regis-
trar shall furnish a copy thereof to the persons giving notice
of opposition, and shall after hearing the parties, if so required,
and considering the evidence, decide whether, and subject to
what conditions, registration is to be permitted.

(5) The decision of the Registrar shall be subject to appeal
to the court or, with the consent of the parties, to the Governor.

(6) An appeal under this section shall be made in the
prescribed manner, and on such appeal the tribunal shall, if
required, hear the parties and the Registrar, and shall make an
order determining whether and subject to what conditions, if any,
registration is to be permitted.

(7) On the hearing of any such appeal, any party may,
either in the manner prescribed or by special leave of the
tribunal, bring forward further material for the consideration of
the tribunal.

(8) In proceedings under this section, no further grounds
of objection to the registration of a trade mark shall be allowed
to be taken by the opponent or the Registrar other than those
stated by the opponent as hereinbefore provided, except by leave
of the tribunal hearing the appeal. Where any further grounds
of objection are taken, the applicant shall be entitled to withdraw
his application without payment of the costs of the opponent on
giving notice as prescribed.

(9) In any appeal under this section, the tribunal may, after
hearing the Registrar, permit the trade mark proposed to be
registered to be modified in any manner not substantially affect-
ing the identity of such trade mark, but in such case the trade
mark as so modified shall be advertised in the prescribed manner
before being registered.

(10) The Registrar or, in the case of an appeal to the
Governor, the Governor, shall have power in proceedings under
this section to award to any party costs of such proceedings or
any part thereof, and to direct how and by what parties and on
what scale they are to be paid. Such costs shall be taxed before
the Registrar of the Supreme Court. and shall be recoverable in
the same manner as costs in an action.

(11) If a party giving notice of opposition or of appeal
neither resides nor carries on business in the Colony, the





Registrar or the tribunal may require such party to give security
for costs of the proceedings before it relative to such opposition
or appeal and, in default of such security being duly given, may
treat the opposition or appeal as abandoned.

15. If a trade mark contains parts not separately registered
by the proprietor as trade marks, or if it contains matter common
to the trade or otherwise of a non-distinctive character, the
Registrar or the Governor or the court, in deciding whether
such trade mark shall be entered or shall remain upon the
register, may require, as a condition of its being upon the
register, that the proprietor shall disclaim any right to the
exclusive use of any part or parts of such trade mark, or of all
or any portion of such matter, to the exclusive use of which the
tribunal holds him not to be entitled, or that he shall make such
other disclaimer as the tribunal may consider needful for the
purpose of defining his rights under such registration: Provided
always that no disclaimer upon the register shall affect any rights
of the proprietor of a trade mark except such as arise out of the
registration of the trade mark in respect of which the disclaimer
is made.

16. When an application for registration of a trade mark
has been accepted and has not been opposed, and the time for
notice of opposition has expired, or having been opposed, the
opposition has been decided in favour of the applicant, the
Registrar shall register the said trade mark, and the trade mark,
when registered, shall be registered as of the date of the applica-
tion for registration, and such date shall be deemed for the
purposes of this Ordinance to be the date of registration.

17. On the registration of a trade mark, the Registrar shall
issue to the applicant a certificate in the prescribed form of the
registration of such trade mark under the hand and seal of the
Registrar.

18. Where registration of a trade mark is not completed,
within twelve months from the date of the application by reason
of default on the part of the applicant, the Registrar may, after
giving notice of the non-completion to the applicant in writing
in the prescribed manner, treat the application as abandoned
unless it is completed within the time specified in that behalf in
such notice.





Identical trade marks.

19. Except in the case of trade marks in use before the
13th day of August, 1875, which are registered in the United
Kingdom as old marks used before the said date, no trade mark
shall be registered in respect of any goods or description of
goods which is identical with one belonging to a different
proprietor which is already on the register with respect to such
goods or description of goods, or so nearly resembling such a
trade mark as to be calculated to deceive.

20. Where each of several persons claims to be proprietor
of the same trade mark, or of nearly identical trade marks in
respect of the same goods or description of goods, and to be
registered as such proprietor, the Registrar may refuse to register
any of them until their rights have been determined by the court,
or have been settled by agreement in a manner approved by him
or on appeal by the court.

21. The Registrar may refuse to register any trade mark
if it is proved to his satisfaction by the person, opposing the
application for registration that such mark is identical with, or
so nearly resembles as to be calculated to deceive, any trade
mark which is already registered (in respect of goods of the same
description as those in respect of which registration in Hong
Kong is applied for) in a country or place from which goods of
that description originate:

Provided always that no application to register shall be
refused under this section in the following cases-

(a) if the applicant proves that he or his predecessors in
business have in Hong Kong in connexion with such goods as
aforesaid continuously used the trade mark, the registration of
which is applied for, from a date anterior to the date of the
registration of the other trade mark in such country or place of
origin ; or

(b) unless the opponent gives an undertaking to the satis-
faction of the Registrar that he will, within three months from
the giving of the notice of opposition, apply for registration in
Hong Kong of the trade mark so registered in the country or
place of origin, and will take all necessary steps to complete
such registration.





Assignment.

22. A trade mark when registered shall be assigned and
transmitted only in connexion with the goodwill of the business
concerned in the goods for which it has been registered, and
shall be determinable with that goodwill. But, nothing in this
section contained shall be deemed to affect the right of the
proprietor of a registered trade mark to assign the right to use
the same in any British possession or protectorate or foreign
country in connexion with any goods for which it is registered
together with the goodwill of the business therein in such goods.

23. In any case where from any cause, whether by reason
of dissolution of partnership or otherwise, a person ceases to
carry on business and the goodwill of such person does not pass
to one successor but is divided, the Registrar may (subject to
the provisions of this Ordinance as to associated trade marks),
on the application of the parties interested, permit an appor-
tionment of the registered trade marks of the person among
the persons in fact continuing the business, subject to such
conditions and modifications, if any, as he may think necessary
in the public interest. Any decision of the Registrar under this
section shall be subject to appeal to the court.

Associated trade marks.

24. If application is made for the registration of a trade mark
so closely resembling a trade mark of the applicant already on
the register for the same goods or description of goods as in
the opinion of the Registrar to be calculated to deceive or cause
confusion if used by a person other than the applicant, the
tribunal hearing the applicant may require as a condition of
registration that such trade marks shall be entereci on the register
as associated trade marks.

25. If the proprietor of a trade mark claims to be entitled
to the exclusive use of any portion of such trade mark separately,
he may apply to register the same as separate trade marks. Each
such separate trade mark must satisfy all the conditions and shall
have all the incidents of an independent trade mark, except that
when registered it and the trade mark of which it forms a part
shall be deemed to be associated trade marks and shall be entered
on the register as such, but the user of the whole trade mark





shall for the purposes of this Ordinance be deemed to be also
a user of such registered trade marks belonging to the same
proprietor as it contains.

26. When a person claiming to be the proprietor of several
trade marks for the same description of goods which, while
resembling one another in the material particulars thereof, yet
differ in respect of-

(1) statements of the goods for which they are respectively
used or proposed to be used; or

(2) statements of number, price, quality or names of places;
or

(3) other matter of a non-distinctive character which does not
substantially affect the identity of the trade mark; or

(4) colour,

seeks to register such trade marks, they may be registered as a
series in one registration. All the trade marks in a series of trade
marks so registered shall be deemed to be, and shall be registered
as, associated trade marks.

27. Associated trade marks shall be assignable or trans-
missible only as a whole and not separately, but they shall for
all other purposes be deemed to have been registered as separate
trade marks: Provided that, where under the provisions of this
Ordinance user of a registered trade mark is required to be proved
for any purpose, the tribunal may, if and so far as it shall think
right, accept user of an associated registered trade mark, or of
the trade mark with addition or alterations not substantially
affecting its identity, as an equivalent for such user.

Renewal of registration.

28. The registration of a trade mark shall be for a period
of fourteen years, but may be renewed from time to time in
accordance with the provisions of this Ordinance.

29. The Registrar shall, on application made by the regis-
tered proprietor of a trade mark in the prescribed manner and
within the prescribed period, renew the registration of such trade
mark for a period of fourteen years from the expiration of the
original registration or of the last renewal of registration, as the





case may be, which date is herein termed ' the expiration of the
last registration'.

30. At the prescribed time before the expiration of the regis-
tration of a trade mark, the Registrar shall send notice in the
prescribed manner to the registered proprietor at his registered
address of the date at which the existing registration will expire
and the conditions as to payment of fees and otherwise upon
which a renewal of such registration may be obtained, and if at
the expiration of the time prescribed in that behalf, such con-
ditions have not been duly complied with, the Registrar may
remove such trade mark from the register, subject to such con-
ditions (if any) as to its restoration to the register as may be
prescribed.

[ss. 30A and 30B, rep. Law Revision Ordinance, 1939.]

31. Where a trade mark has been removed from the register
for non-payment of the fee for renewal, such trade mark shall,
nevertheless, for the purpose of any application for registration
during one year next after the date of such removal, be deemed
to be a trade mark which is already registered, unless it is
shown to the satisfaction of the Registrar that there has been no
bond fide trade user of such trade mark during the two years
immediately preceding such removal.

Correction and rectification of the register.

32. The Registrar may, on request made in writing by the
registered proprietor or by some person entitled by law to act
in his name-

(1) correct any error in the name or address of the registered
proprietor of a trade mark; or

(2) enter any change in the name or address of the person
who is registered as proprietor of a trade mark; or

(3) cancel the entry of a trade mark on the register; or

(4) strike out any goods or classes of goods from those for
which a trade mark is registered; or

(5) enter a disclaimer or memorandum relating to a trade
mark which does not in any. way extend the rights given by
the existing registration of such trade mark.





Any decision of the Registrar under this section shall be
subject to appeal to the court.

33. Subject to the provisions of this Ordinance, where a
person becomes entitled to a registered trade mark by assign-
ment, transmission or other operation of law, the Registrar
shall, on request made in the prescribed manner and on proof
of title to his satisfaction, cause the name and address of such
person to be entered on the register as proprietor of the trade
mark.

Any decision of the Registrar under this section shall be
subject to appeal to the court.

34. The registered proprietor of any trade mark may apply
in writing to the Registrar for leave to add to ot alter such
trade mark in any manner not substantially affecting the identity
of the same, and the Registrar may refuse such leave or may
grant the same on such terms as he may think fit, but any such
refusal or conditional permission shall be subject to appeal to
the court. If leave be granted, the trade mark as altered shall
be advertised in the prescribed manner.

35. Subject to the provisions of this Ordinance-

(i) the court may, on the application in writing of any
person aggrieved by the non-insertion in or omission from the
register of any entry, or by any entry made in the register
without sufficient cause, or by any entry wrongly remaining on
the register, or by any error or defect in any entry in the register,
make such order for making, expunging or varying such entry,
as it may think fit;

(2) the court may in any proceeding under this section
decide any question that it may be necessary or expedient to
decide in connexion with the rectification of the register;

(3) in case of fraud in the registration or transmission of
a registered trade mark, the Registrar may himself apply to the
court under the provisions of this section;

(4) any order of the court rectifying the register shall direct
that notice of the rectification shall be served upon the Registrar
in the prescribed manner, who shall upon receipt of such notice
rectify the register accordingly.





36. No trade mark which is upon the register at the com-
mencement of this Ordinance and which under this Ordinance
is a registrable trade mark shall be removed from the register
on the ground that it was not registrable under the Ordinance
in force at the date of its registration. But nothing in this
section contained shall subject any person to any liability in
respect of any act or thing done before the commencement of
this Ordinance to which he would not have been subject under
the Ordinance then in force.

37. A registered trade mark may, on the application to the
court of any person aggrieved, be taken off the register in respect
of any of the goods for which it is registered, on the ground
that it was registered by the proprietor or a predecessor in title
without any bonal fide intention to use the same in connexion
with such goods, and that there has in fact been no bond fide
user of the same in connexion therewith or on the ground
that there has been no bona fide user of such trade mark in
connexion with such goods during the five years immediately
preceding the application, unless in either case such non-user is
shown to be due to special circumstances in the trade, and not
to any intention not to use or to abandon such trade mark in
respect of such goods.

Effect of registiation.

38. Subject to the provisions of this Ordinance-

(1) the person for the time being entered in the register as
proprietor of a trade mark shall, subject to any rights appearing
from such register to be vested in any other person, have power
to assign the same, and to give effectual receipts for any con-
sideration for such assignment

(2) any equities in respect of a trade mark may be enforced
in like manner as in respect of any other property.

39. Subject to the provisions of section, 41 and to any
limitations and conditions entered upon the register, the regis-
tration of a person as proprietor of a trade mark shall, if valid,
give to such person the exclusive right to the use of such
trade mark upon or in connexion with the goods in respect of
which it is registered: Provided always that where two or more
persons are registered proprietors of the same (or substantially





the same) trade mark in respect of the same goods, no rights
of exclusive user of such trade mark shall, except so far as
their respective rights shall have been defined by the court, be
acquired by any one of such persons as against any other by
the registration thereof, but each of such persons shall otherwise
have the same rights as if lie were the sole registered proprietor
thereof.

40. In all legal proceedings relating to a registered trade
mark (including applications under section 35), the fact that a
person is registered as proprietor of such trade mark shall be
P.rimd facie evidence of the validity of the original registration
of such trade mark and of all subsequent assignments and
transmissions of the same.

41. In all legal proceedings relating to a registered trade
mark (including applications under section 35), the original
registration of such trade mark shall after the expiration of seven
years from the date of such original registration be taken to, be
valid in all respects unless such original registration was obtained
by fraud, or unless the trade mark offends against the provisions
of section 11 :

Provided that nothing in this Ordinance shall entitle the
proprietor of a registered trade mark to interfere with or restrain
the user by any person of a similar trade mark upon or in
connexion with goods upon or in connexion with which such
person has, by himself or his predecessors in business, con-
tinuously used such trade mark from a date anterior to the user
of the first-mentioned trade mark by the proprietor thereof or
his predecessors in business.

42.-(1) The court may, on the application in writing made
within seven years from the registration of a trade mark in
Hong Kong by any person aggrieved by such registration,
remove such trade mark from the register, if it is proved to the
satisfaction of the court that such trade mark is identical with,
or so nearly resembles as to be calculated to deceive, any trade
mark which was, prior to the registration in Hong Kong of the
first-mentioned trade mark, registered (in respect of goods of the
same description as those in respect of which the first-mentioned
trade mark is registered in Hong Kong) in a country or place
from which goods of that description originate:

As amended by Law Rev. Ord., 1939.





Provided always that no trade mark shall be removed from the register
under this section in the following cases

(a) if the proprietor of the other trade mark consented to the
registration in Hong Kong of the first-mentioned trade mark; or

(b) if the proprietor of the trade mark registered in Hong Kong proves
that he or his predecessors in business have continuously used such trade
mark in Hong Kong in connexion with such goods as aforesaid from a date
anterior to the date of the registration of the other trade mark in the country
or place of origin; or

(c) unless the applicant proves either that within the five years
immediately preceding the making of the application under this section there
has been bond fide user in connexion with such goods as aforesaid in Hong
Kong of the trade mark registered in the country or place of origin, or that
the special circumstances of the trade account for the non-user of such trade
mark in Hong Kong within the same period, or that the trade mark so
registered in the country or place of origin was first registered there within
the like period of five years, and in either event gives an undertaking to the
satisfaction of the Registrar that he will within three months from the making
of the applictaion under this section apply for registration in Hong Kong of
the trade mark so registered in the country or place of origin, and will take all
necessary steps to complete such registration.

(2) All applications under this section shall be heard in open court in
the Supreme Court in its original jurisdiction.

43. No person shall be entitled to institute any proceedings to recover
damages for the infringement of a trade mark not registered in the Colony.

44. In an action for the infringement of a trade mark the court trying the
question of infringement shall admit evidence of the usages of the trade in
respect of the get-up of the goods for which the trade mark is registered, and
of any trade marks or get-up legitimately used in connexion with such goods
by other persons.

45. No registration under this Ordinance shall interfere with any bond
fide use by a person of his own name or place of business, or that of any of
his predecessors in business, or the





use by any person of any bond fide description of the character
or quality of his goods.

46. Nothing in this Ordinance contained shall b c deemed to
affect rights of action against any person for passing off goods as
those of another person or the remedies in respect thereof.

Legal proceedings.

47. In any legal proceeding in which the validity of the
registration of a registered trade mark comes into question and
is decided in favour of the proprietor of such trade mark, the
court may certify the same, and if it so certifies, then in any
subsequent legal proceeding in which such validity comes into
question the proprietor of the said trade mark on obtaining a
final order or judgment in his favour shall have his full costs,
charges and expenses as between solicitor and client, unless in
such Subsequent proceeding the court certifies that he ought not
to have the same.

48. In any legal proceeding in which the relief sought
includes alteration or rectification of the register, the Registrar
shall have the right to appear and be heard, and shall appear
if so directed by the court. Unless otherwise directed by the
court, the Registrar in lieu of appearing and being heard may
submit to the court a statement in writing signed by him, giving
particulars of the proceedings before him in relation to the matter
in issue or of the grounds of any decision given by him affecting
the same or of the practice of the office in like cases, or of such
other matters relevant to the issues, and within his knowledge
as such Registrar, as he shall think fit, and such statement shall
be deemed to form part of the evidence in the proceeding.

Costs.

49. In all proceedings before the court under this Ordinance,
the costs of the Registrar shall be in the discretion of the court,
but the Registrar shall not be ordered to pay the costs of any
other of the parties.
Evidence.

50. In any proceedings under this Ordinance before the
Registrar or the Governor, the evidence shall, be given by
statutory declaration in the absence of directions to the contrary,
but in any case in which lie shall think it right so to do, the





Registrar or the isovernor may (with the consent of the parties)
take evidence vivii voce in lieu of or in addition to evidence by
declaration. Any such statutory declaration may in the case of
appeal be used before the court in lieu of evidence by affidavit,
but if so used shall have all the incidents and consequences of
evidence by affidavit.

In case any part of the evidence is taken vivd voce, the
Registrar or the Governor shall in respect of requiring the
attendance of witnesses and taking evidence on oath be in the
same position in all respects as a special referee of the Supreme
Court.

51. Printed or written copies or extracts of or from the
register, purporting to be certified by the Registrar under his
seal, shall be admitted in evidence in all courts and in all
proceedings without further proof or production of the originals.

52. A certificate purporting to be under the hand of the
Registrar as to any entry, matter or thing which he is authorized
by this Ordinance to make or do, shall be primd facie evidence
of the entry having been made, and of the contents thereof, and
of the matter or thing having been done or not done.

Powers and duties of Registrar of Trade Marks.

53. Where any discretionary or other power is given to the
Registrar by this OrdLnance, he shall not exercise that power
adversely to the applicant for registration or the registered
proprietor of the trade mark in question without (if duly required
so to do within the prescribed time) giving such applicant or
registered proprietor an opportunity of being heard.

54. Except where expressly given by the provisions of this
Ordinance, there shall be no appeal from a decision of the
Registrar otherwise than to the Governor, but the court, in
dealing with any question of the rectification of the register
(including all applications under section 35) shall have power
to review any decision of the Registrar relating to the entry in
question or the correction sought to be made.

55. When by this Ordinance any act has to be done by or
to any person in connexion with, a trade mark or proposed trade
mark or any procedure relating thereto, such act may, under





and in accordance with rules made under this Ordinance, be
done by or to an agent of such party duly authorized in the
prescribed manner.

Appeals to the Governor.

55A. Where under this Ordinance an appeal is made to the
Governor, he may refer such appeal to the court in lieu of
hearing and deciding it himself, but unless the Governor so refers
the appeal it shall be heard and decided by him and his decision
shall be final.

Rules.

56. Subject to the provisions of this Ordinance, it shall be
lawful for the Governor in Council to make such rules, prescribe
such forms and generally do such things as he thinks expedient-

(a) for regulating the practice under this Ordinance;

(b) for classifying goods for the purposes of registration of
trade marks;

(c) for making or requiring duplicates of trade marks and
other documents ;

(d) for securing and regulating the publishing and selling
or distributing, in such manner as the Governor in Council thinks
fit, of copies of trade marks and other documents; and

(e) generally, for regulating the business of the office in
relation to trade marks and all things by this Ordinance placed
under the direction or control of the Registrar.

Fees.

57. There shall be paid in respect of applications and regis-
tration and other matters under this Ordinance such fees as may
be prescribed and notified by the Governor in Council.

Special trade marks.

58. Where any association or person undertakes the examina-
tion of any goods in respect of origin, material, mode of manu-
facture, quality, accuracy or other characteristic and certifies
the result of such examination by mark used upon or in





connexion with such goods, the Governor in Council may, if
he shall judge it to be to the public advantage, permit such
association or person to register such mark as a trade mark in
respect of such goods, whether or not such association or person
be a trading association or trader or possessed of a goodwill in
connexion with such examination and certifying. When so
registered such trade mark shall be deemed in all respects to be
a registered trade mark, and such association or person to be
the proprietor thereof, save that such trade mark shall be trans-
missible or assignable only by permission of the Governor in
Council.

Offences.

59. Every person who makes or causes to be made a false
entry in the register kept under this Ordinance or a writing
falsely purporting to be a copy of an entry in any such register,
or produces or tenders or causes to be produced or tendered in
evidence any such entry or, writing, knowing the same to be
false, shall be guilty of a misdemeanor.

60.-(1) Every person who represents a trade diark as
registered in Hong Kong which is not so registered shall upon
summary conviction be liable to a fine not exceeding one hundred
dollars.

(2) A person shall be deemed, for the purposes of this
Ordinance, to represent that a trade mark is registered in Hong
Kong if he uses in connexion with the trade mark the words
' registered in Hong Kong ' or any words expressing or
implying that registration has been obtained in Hong Kong for
the trade mark.

61. Every person who, in connexion with any trade, business,
calling or profession-

(i) without the authority of His Majesty, uses the Royal
Arms (or arms so closely resembling the same as to be calculated
to deceive) in such manner as to be calculated to lead to the
belief that he is duly authorized so to use the Royal Arms; or

(2) without the authority of His Majesty or a member of the
Royal Family, uses any device, emblem or title in such manner
as to be calculated to lead to the belief that he is employed by

As amended by Law Rev. Ord., 1939.





or supplies goods to His Majesty or to such member of the Royal
Family,

may at the suit of any person who is authorized to use such arms
or such device, emblem or title, or who is authorized by the
Governor to take proceedings in that behalf, be restrained by
injunction from continuing so to use the same: Provided that
nothing in this section shall be construed as affecting the right,
if any, of the proprietor of a trade mark containing any such
arms, device, emblem or title to continue to use such trade mark.

Is. 62, rep. No. 12 of 1912.]

[s. 63, rep. Law Revision Ordinance, 1939.]

No. 41 of 1909, incorporated in No. 15 of 1901.

No. 42 of 1909, repealed by No. 20 of 1913.

No. 43 of 1909, repealed by No. 8 of 1912.

No. 44 of 1909, incorpordted in No. 16 of 1901,
repealed by No. 8 of 1921.

No. 45 of 1969, repealed by No. 8 of 1910.

No. 46 of 1909, repealed by No. 9 of 1911.





1910.

No. 1 of 1910, incorporated in No. 2 of 1862,
repealed by No. 21 of 1932.

No. 2 of 1910, repealed by No. 9 of 1911.

No. 3 of 1910, repealed by No. 20 of 1922.

No. 4 of 1910, incorporated in No. 1 of 1888,
repealed by No. 37 Of 1935.

No. 5 of 1910, incorporated in No. 3 of 1901
and No. 31 of 1911.

No. 6 of 1910, incorporated in No. 10 of 1899.

No. 7 of 1910, iizcorporated in No. 3 of 1890,
repealed by No. 41 of 1932.

No. 8 of 1910, incorporated in No. 5 of 1890.

No. 9 of 1910, repealed by No. 9 of 1916.

No. 10 of 1910, repealed by No. 6 of 1917.

No. 11 of 1910, incorporated in No. 23 of 1909,
repealed by No. 4 of 1914.

No. 12 of 1910, incorporated generally.

No. 13 of 1910, ittcorporated in No. 6 of 1909.
repealed by No. 1 of 1932.
[Originally No. 40 of 1909. Law Rev Ord., 1939.] Short title. 5 Edw. 7, c. 15, s. 1. Interpretation. 5 Edw. 7, c. 15, s. 3. Register of trade marks. 5 Edw. 7, c. 15, s. 4. Trust not to be entered on register. 5 Edw. 7, c. 15, s. 5. Incorporation of existing register. 5 Edw. 7, c. 15, s. 6. Inspection of and extract from register. 5 Edw. 7, c. 15, s. 7. Trade mark must be for particular goods. 5 Edw. 7, c. 15, s. 8. Registrable trade marks. 5 Edw. 7, c. 15, s. 9. Coloured trade marks 5 Edw. 7, c. 15, s. 10. Restriction on registration. 5 Edw. 7, c. 15, s. 11. Application for registration. 5 Edw. 7, c. 15, s. 12. Advertisement of registration. 5 Edw. 7, c. 15, s. 13. Opposition to registration. 5 Edw. 7, c. 15, s. 14. Disclaimers. 5 Edw. 7, c. 15, s. 15. Date of registration. 5 Edw. 7, c. 15, s. 16. Certificate of registration. 5 Edw. 7, c. 15, s. 17. Non-completion of registration. 5 Edw. 7, c. 15, s. 18. Identical marks. 5 Edw. 7, c. 15, s. 19. Rival claims to identical marks. 5 Edw. 7, c. 15, s. 20. Protection of marks registered in country of origin. Assignment and transmission of trade marks. 5 Edw. 7, c. 15, s. 22. Apportionment of marks on dissolution of partnership. 5 Edw. 7, c. 15, s. 23. Associated trade marks. 5 Edw. 7, c. 15, s. 24. Combined trade marks. 5 Edw. 7, c. 15, s. 25. Series of trade marks. 5 Edw. 7, c. 15, s. 26. Assignment and user of associated trade marks. 5 Edw. 7, c. 15, s. 27. Duration of registration. 5 Edw. 7, c. 15, s. 28. Renewal of registration. 5 Edw. 7, c. 15, s. 29. Procedure on expiry of period of registration. 5 Edw. 7, c. 15, s. 30. Status of unrenewed trade marks. 5 Edw. 7, c. 15, s. 31. Correction of register. 5 Edw. 7, c. 15, s. 32. Registration of assignments. 5 Edw. 7, c. 15, s. 33. Alteration of registered trade mark 5 Edw. 7, c. 15, s. 34. Rectification of register. 5 Edw. 7, c. 15, s. 35. Trade marks registered under previous enactments. 5 Edw. 7, c. 15, s. 36. [cf. S. 6.] Non-user of trade mark. 5 Edw. 7, c. 15, s. 37. Powers of registered proprietor. 5 Edw. 7, c. 15, s. 38. Rights of proprietor of trade mark. 5 Edw. 7, c. 15, s. 39. Registration to be prima facie evidence of validity. 5 Edw. 7, c. 15, s. 40. Registration to be conclusive after seven years. 5 Edw. 7, c. 15, s. 41. [cf. Ss. 6 and 39.] Removal of mark on proof of prior registration in country of origin. Unregistered trade mark. 5 Edw. 7, c. 15, s. 42. Infringement. 5 Edw. 7, c. 15, s. 43. User of name, address or description of goods. 5 Edw. 7, c. 15, s. 44. 'Passing off' action. 5 Edw. 7, c. 15, s. 45. Certificate of validity. 5 Edw. 7, c. 15, s. 46. Registrar to have notice of proceeding for rectification. 5 Edw. 7, c. 15, s. 47. Costs of proceedings before court. 5 Edw. 7, c. 15, s. 48. Mode of giving evidence. 5 Edw. 7, c. 15, s. 49. Sealed copies to be evidence. 5 Edw. 7, c. 15, s. 50. Certificate of Registrar to be evidence. 5 Edw. 7, c. 15, s. 51. Exercise of discretionary power by Registrar. 5 Edw. 7, c. 15, s. 53. Appeal from Registrar. 5 Edw. 7, c. 15, s. 54. Recognition of agents. 5 Edw. 7, c. 15, s. 55. Appeals to the Governor. Power of Governor in Council to make rules. 5 Edw. 7, c. 15, s. 60. Fees. 5 Edw. 7, c. 15, s. 61. Standardization trade marks. 5 Edw. 7, c. 15, s. 62. Falsification of entries in register. 5 Edw. 7, c. 15, s. 66. Penalty on falsely representing a trade mark as registered. 5 Edw. 7, c. 15, s. 67. Unauthorized assumption of Royal Arms. 5 Edw. 7, c. 15, s. 68.

[Originally No. 40 of 1909. Law Rev Ord., 1939.] Short title. 5 Edw. 7, c. 15, s. 1. Interpretation. 5 Edw. 7, c. 15, s. 3. Register of trade marks. 5 Edw. 7, c. 15, s. 4. Trust not to be entered on register. 5 Edw. 7, c. 15, s. 5. Incorporation of existing register. 5 Edw. 7, c. 15, s. 6. Inspection of and extract from register. 5 Edw. 7, c. 15, s. 7. Trade mark must be for particular goods. 5 Edw. 7, c. 15, s. 8. Registrable trade marks. 5 Edw. 7, c. 15, s. 9. Coloured trade marks 5 Edw. 7, c. 15, s. 10. Restriction on registration. 5 Edw. 7, c. 15, s. 11. Application for registration. 5 Edw. 7, c. 15, s. 12. Advertisement of registration. 5 Edw. 7, c. 15, s. 13. Opposition to registration. 5 Edw. 7, c. 15, s. 14. Disclaimers. 5 Edw. 7, c. 15, s. 15. Date of registration. 5 Edw. 7, c. 15, s. 16. Certificate of registration. 5 Edw. 7, c. 15, s. 17. Non-completion of registration. 5 Edw. 7, c. 15, s. 18. Identical marks. 5 Edw. 7, c. 15, s. 19. Rival claims to identical marks. 5 Edw. 7, c. 15, s. 20. Protection of marks registered in country of origin. Assignment and transmission of trade marks. 5 Edw. 7, c. 15, s. 22. Apportionment of marks on dissolution of partnership. 5 Edw. 7, c. 15, s. 23. Associated trade marks. 5 Edw. 7, c. 15, s. 24. Combined trade marks. 5 Edw. 7, c. 15, s. 25. Series of trade marks. 5 Edw. 7, c. 15, s. 26. Assignment and user of associated trade marks. 5 Edw. 7, c. 15, s. 27. Duration of registration. 5 Edw. 7, c. 15, s. 28. Renewal of registration. 5 Edw. 7, c. 15, s. 29. Procedure on expiry of period of registration. 5 Edw. 7, c. 15, s. 30. Status of unrenewed trade marks. 5 Edw. 7, c. 15, s. 31. Correction of register. 5 Edw. 7, c. 15, s. 32. Registration of assignments. 5 Edw. 7, c. 15, s. 33. Alteration of registered trade mark 5 Edw. 7, c. 15, s. 34. Rectification of register. 5 Edw. 7, c. 15, s. 35. Trade marks registered under previous enactments. 5 Edw. 7, c. 15, s. 36. [cf. S. 6.] Non-user of trade mark. 5 Edw. 7, c. 15, s. 37. Powers of registered proprietor. 5 Edw. 7, c. 15, s. 38. Rights of proprietor of trade mark. 5 Edw. 7, c. 15, s. 39. Registration to be prima facie evidence of validity. 5 Edw. 7, c. 15, s. 40. Registration to be conclusive after seven years. 5 Edw. 7, c. 15, s. 41. [cf. Ss. 6 and 39.] Removal of mark on proof of prior registration in country of origin. Unregistered trade mark. 5 Edw. 7, c. 15, s. 42. Infringement. 5 Edw. 7, c. 15, s. 43. User of name, address or description of goods. 5 Edw. 7, c. 15, s. 44. 'Passing off' action. 5 Edw. 7, c. 15, s. 45. Certificate of validity. 5 Edw. 7, c. 15, s. 46. Registrar to have notice of proceeding for rectification. 5 Edw. 7, c. 15, s. 47. Costs of proceedings before court. 5 Edw. 7, c. 15, s. 48. Mode of giving evidence. 5 Edw. 7, c. 15, s. 49. Sealed copies to be evidence. 5 Edw. 7, c. 15, s. 50. Certificate of Registrar to be evidence. 5 Edw. 7, c. 15, s. 51. Exercise of discretionary power by Registrar. 5 Edw. 7, c. 15, s. 53. Appeal from Registrar. 5 Edw. 7, c. 15, s. 54. Recognition of agents. 5 Edw. 7, c. 15, s. 55. Appeals to the Governor. Power of Governor in Council to make rules. 5 Edw. 7, c. 15, s. 60. Fees. 5 Edw. 7, c. 15, s. 61. Standardization trade marks. 5 Edw. 7, c. 15, s. 62. Falsification of entries in register. 5 Edw. 7, c. 15, s. 66. Penalty on falsely representing a trade mark as registered. 5 Edw. 7, c. 15, s. 67. Unauthorized assumption of Royal Arms. 5 Edw. 7, c. 15, s. 68.

https://oelawhk.lib.hku.hk/items/show/1506

CHRISTIAN BURIAL GROUND ORDINANCE, 1909

No. 38 of 1909

An Ordinance to set apart certain Crown land to be used as
a burial ground for Persons professing the Christian
Teligion.
[12th November, 1909.]

1. This Ordinance may be cited as the Christian Burial
Ground Ordinance, 1909.

2. All that piece of land shown and delineated in red upon
a plan signed by the Director of Public Works and counter-
signed by the Colonial Secretary, dated the 28th day of October,
1909, and deposited in the Land Office is, subject to the right
of way which is shown upon the said plan, hereby set apart as
a burial ground for persons professing the Christian religion,
and no burial other than that of such a person shall take place
therein.

[Originally No. 38 of 1909.] Short title. Burial ground reserved for members of the Christian community.

[Originally No. 38 of 1909.] Short title. Burial ground reserved for members of the Christian community.

https://oelawhk.lib.hku.hk/items/show/1505

BOILERS ORDINANCE, 1909

No. 22 of 1909, incorporated in No. 2 of 1892,
repealed by No. 13 of 1925.

No. 23 of 1909, repealed by No. 4 of 1914.

No. 24 of 1909, repealed by No. 43 of 1912,
Supp. Sched.

No. 25 of 1909, incorporated in No. 5 of 1893,
repealed by No. 21 of 1927.

No. 26 of 1909, repealed by No. 43 of 1912,
Supp. Sched.

No. 27 of 1909, repealed by No. 9 of 1911.

No. 28 of 1909, repealed by No. 10 of 1910.

No. 29 of 1909, disallowed.

No. 30 of 1909, repealed by No. 9 of 1911.

No. 31 of 1909, repealed by No. 8 of 1912.

No. 32 of 1909.

An Ordinance to provide for the periodical inspection of
steam-boilers and for purposes connected therewith.

[29th October, 1909.]

1. This Ordinance may be cited as the Boilers Ordinance,
1909.

2. In this Ordinance-

(a) ' Accident ' includes an explosion of a boiler and any
damage to a boiler or any part thereof calculated to weaken it
and render it liable to explode;

The provisions of this Ordinance, which are set out in full in the Schedule
to the Law Revision Ordinance, 1939, have been rearranged, amplified
and re-enacted.





(b) ' Boiler ' means any closed vessel whose total content
exceeds one cubic foot and which is used expressly for generating
steam under pressure, for use outside such vessel, and includes
any fitting attached to such vessel and wholly or partly under
pressure when steam is shut off, and also, in the case of a boiler
installed in the Colony, any pipe through which steam passes
directly from a boiler to a prime mover or other first user;

(c) ' Certificate of fitness ' means a certificate by an in-
spector, in a form prescribed by regulations, that a boiler is in
good condition and that the provisions of this Ordinance and
any regulations have been complied with in respect of such
boiler;

(d) Competent person ' means a person approved by an
inspector as competent to be in charge of the operation of a boiler
and named in the certificate of fitness relating to such boiler;

(e) '' Inspecting authority ' means any society which or
person whom the Governor in Council may approve as competent
to grant a certificate of inspection in respect of boilers constructed
outside, for use in, the Colony;

(f) ' Inspector ' means a person appointed by the Governor
to be an inspector of boilers for the purposes of this Ordinance

(g) 'Owner' includes a body corporate and a firm, and
also the hirer of any boiler and the agent of the owner or hirer
of any boiler;

(h) ' Regulations ' means regulations made by the Gover-
nor in Council under this Ordinance.

3. The Governor may appoint such inspectors as he thinks
necessary for the execution of this Ordinance and may assign
them their duties, and may regulate the cases and manner in
which they are to perform the duties of inspectors under this
Ordinance, and may remove such inspectors.

4.-(1) Every inspector shall for the purposes of this Ordin-
ance have power to do all or any of the following things-

(g) to enter at all reasonable times, by day and night, any
premises in or upon which he has reasonable cause to believe
that any boiler may be, and to inspect and examine any boiler
and every part thereof;





(b) subject to the provisions of this Ordinance, to grant,
suspend and revoke any certificate of fitness in respect of any
boiler;

(c) to require the production of any certificate and any
document kept in pursuance of this Ordinance or any regulations,
and to inspect, examine and copy such certificate or document;

(d) to make such examination and inquiry as may be
necessary to ascertain whether the provisions of this Ordinance
and of any regulations are complied with as respects any boiler;
and

(e) to exercise such other powers as may be necessary for
giving effect to the provisions of this Ordinance.

(2) The owner of every boiler and his servants shall furnish
the means required by an inspector as necessary for any entry,
inspection, examination, inquiry or the exercise of his powers
under this Ordinance in relation to such boiler.

(3) If any.person wilfully delays an inspector in the exercise
of any power under this section or fails to comply with the
requisition of an inspector in pursuance of this section, or to
produce any certificate or document which he is required by or
in pursuance of this Ordinance to produce, he shall be deemed
to obstruct an inspector in the execution of his duties, and to be
guilty of an offence, under this Ordinance.

5. The Governor in Council may make regulations with
respect to any of the following matters or for any of the following
purposes-

(1) the design and construction of boilers and the mater is
of which boilers shall be made;

(2) the use, management and maintenance of boilers

(3) restricting pressures in boilers and prescribing methods
of determining such pressures;

(4) the registration and numbering of boilers

(5) the inspection and examination of boilers;

(6) defining the duties and powers of inspectors;

(7) the grant, suspension and revocation of certificates in
respect of boilers and persons employed in connexion therewith ;





(8) the effect which is to be given in the Colony to
certificates of inspection granted by inspecting authorities in
respect of boilers constructed outside the Colony;

(9) prescribing qualifications to be possessed by persons
employed, in connexion with boilers and providing for the
examination of such persons;

(10) imposing obligations for secur ing compliance with the
provisions of this Ordinance or of any regulations upon owners
of boilers, their servants and persons employed in connexion with
boilers;

(11) pr escribing means of preventing accidents and requiring
notifications to be made in relation to accidents;

(12) prescribing the forms to be used in carrying out the
provisions of this Ordinance and of any regulations;

(13) the payment of fees;

(14) exempting boilers or persons from the operation of this
Ordinance or any part thereof; and

(15) generally, for the control of boilers and the purposes
of this Ordinance.

6.-(1) No person shall use or operate any boiler, or permit
any boiler to be used or operated, unless a certificate of fitness
under this Ordinance has been duly issued in respect thereof
and except in accordance with any terms or conditions indorsed
on or attached to such certificate, or if such a certificate has been
issued, after the expiration of the period for which it is expressed
to be valid or while such certilicate is suspended or after it has
been revoked.
(2) No person shall operate any boiler unless he is a com-
petent person named in the certificate of fitness granted in respect
of such boiler.

(3) No person shall permit any boiler to be used or operated
by any other than a competent person named in the certificate of
fitness granted in respect of such boiler.

7. If the owner of a boiler gives notice to an inspector of
his desire to have it inspected, at the same time paying the fee
prescribed by regulations for such inspection, the inspector shall,





subject to any regulations relating to certificates of inspection
granted by inspecting authorities in respect of boilers constructed
outside the Colony, make a thorough examination of the boiler
and every part thereof at a time to be appointed by him, between
sunrise and sunset, and within a reasonable period after such
notice.

8. If the inspector after making such examination is satisfied
that a certificate of fitness may properly be granted in respect of
any boiler, he shall deliver or cause to be delivered to the owner
thereof such a certificate, authorizing the use of the boiler for a
period not exceeding twelve months.

9.-(1) Any inspector may suspend or revoke any certificate
of fitness if on inspection or examination of the boiler in respect
of which it was granted he is satisfied that-

(a) the certificate was fraudulently obtained or improperly
granted; or

(b) the boiler or any part thereof has sustained material
damage or is not in good condition or, contrary to the provisions
of this Ordinance or any regulations, has been altered, added to
or renewed; or

(c) the pressure of steam used in the boiler is at any time
greater than is prescribed in the certificate; or

(d) in any other case, the provisions of this Ordinance or
of any regulations are not complied with in respect of the boiler.

(2) The suspension or revocation of a certificate of fitness
shall be indorsed on the certificate and signed by an inspector,
but if it is not immediately practicable to make such indorsement
and it is necessary in the inspector's opinion for the protection
of life or property to stop the operation of the boiler, he may
give notice of such suspension in writing, conspicuously posted
at the place where the boiler may be, and on the posting of such
notice the certificate shall be deemed to be suspended ; and the
inspector may also if he thinks fit take such steps as may be
necessary to procure the immediate stoppage of the operation of
the boiler.

(3) After any certificate of fitness has been suspended or
revoked any inspector may, on notice being given to him by
the owner that he desires to have the boiler reinspected, inspect





or examine the boiler and, if he is satisfied that it is in good
condition and that the requirements of this Ordinance and of
any regulations are complied with in respect of the boiler, may,
on payment of the appropriate fee prescribed by regulations,
restore the certificate by an indorsement in that behalf or grant
a new certificate.

10. Any person aggrieved by the refusal of an inspector to
grant, or by the suspension or revocation by an inspector of, a
certificate of fitness may appeal to an arbitrator appointed by the
Governor, and the arbitrator's decision shall be final.

11-(1) No person shall make or cause to be made any
alteration or renewal of or any addition to any boiler in respect
whereof a certificate of fitness is in force, unless the owner of
the boiler bas first given notice of his intention to make such
addition, alteration or renewal to an inspector and has obtained
his assent thereto indorsed on the certificate.

(2) Such assent may be unqualified or, in the inspector's
discretion, subject to a condition that the boiler shall not be
operated for a specified period or until it has been reinspected
or re-examined, and the certificate of fitness shall be deemed to
be suspended for such period or, as the case may be, until the
additions, alterations or renewals have been completed to the
satisfaction of an inspector and an inspector has reinspected or
re-examined the boiler and restored the certificate.

(3) On receipt of notice from the owner of any boiler that
any alteration or renewal thereof or any addition thereto has been
completed, an inspector shall forthwith reinspect or re-examine
the boiler.

(4) Nothing in this section shall prevent the operation of
any boiler at any time if such operation he necessary for the
protection of life or property.

12. The owner or the person in charge of any boiler shall,
if-

(1) any accident occurs to the boiler; or

(2) he becomes aware of any defect in the boiler likely to
cause danger to life or property'

with the least possible delay make a report to an inspector, and





thereupon the inspector shall examine the boiler and investigate
the circumstances of any such accident.

13. Every person who acts in contravention of or fails to
comply with the provisions of this Ordinance or of any regula-
tions shall be guilty of an offence and shall be liable on summary
conviction thereof to a fine not exceeding one thousand dollars.

14. No legal proceeding of any kind whatsoever, civil or
criminal, shall without the permission of the Governor be brought
against any inspector-or any inspecting authority in respect of
any act done in pursuance or execution or intended execution of
this Ordinance, or in respect of any alleged neglect or default in
the execution of this Ordinance.

15. This Ordinance shall not apply-

(1) to any boiler used, adapted or intended to be used only
on board any ship, boat or other vessel ;

(2) to any boiler which is the property of the Crown.

No. 33 of 1909, incorporated in No. 15 of 1908.
No. 34 of 1909, incorporated in No. 4 of 1897.

No. 35 of 1909, repealed by No. 16 of 1923.

No. 36 of 1909, incorporated in No. 2 of 1870,
repealed by No. 29 of 1936.


No. 37 of 1909, incorporated in No. 7 Of 1889.
[Originally No. 32 of 1909. Law Rev. Ord., 1939.] Short title. Interpretation. Appointment and duties of inspectors. Powers of inspectors. Regulations. Prohibition of use, etc., of boiler without certificate. Inspector to examine boiler on notice. Certificate of fitness. Suspension or revocation of certificate of fitness. Appeals from inspector's decision as to certificate of fitness. Alterations and renewals of and additions to boilers. Accidents to, and dangerous defects in, boilers to be reported. Offences and penalties. Protection of inspector and inspecting authorities. Savings.

[Originally No. 32 of 1909. Law Rev. Ord., 1939.] Short title. Interpretation. Appointment and duties of inspectors. Powers of inspectors. Regulations. Prohibition of use, etc., of boiler without certificate. Inspector to examine boiler on notice. Certificate of fitness. Suspension or revocation of certificate of fitness. Appeals from inspector's decision as to certificate of fitness. Alterations and renewals of and additions to boilers. Accidents to, and dangerous defects in, boilers to be reported. Offences and penalties. Protection of inspector and inspecting authorities. Savings.

https://oelawhk.lib.hku.hk/items/show/1504

RAILWAYS ORDINANCE, 1909

No. 21 of 1909.

An Ordinance to iegulate the construction and management
of railways.

[16th July, 1909]

1. This Ordinance may be cited as the Railways Ordinance,
1909.

2. In this Ordinance,

(a) ' The administrator ' means the manager or such other
person as the Governor may appoint to conduct the affairs of
any railway. So long as any, railway is in course of construction,
it includes the chief resident engineer or such other person as
the Governor may appoint to supervise the said construction;
(b) ' Assistant manager ' means the person appointed by
the Governor to act as assistant manager of a railway;

(c) it Manager ' means the person appointed by the Gover-
nor to act as manager of a railway;
(d) ' Railway ' means a railway or any portion of a railway
for the public carriage of passengers, animals or goods, and
includes-
(i) all land with the fences or other boundary marks
indicating the limits of the land appurtenant to a railway;
(ii) all lines of rails, sidings or branches worked over for
the purposes of or in connexion with a railway.,
(iii) all stations, offices, warehouses, wharves, workshops,
manufactories, fixed plant, and machinery, and other works
constructed for the purposes of or in connexion with a railway;
(iv) all ferries, ships, boats and craft which are used for
the traffic of a railway and belong to or are hired or worked
by or by the autfiority of the. administrator;
(v) any railway or portion of a railway in process of con-
struction, and

As amended by No. 28 of 1927 [23.12.27].
As amended by Law Rev. Ord., 1939.





(vi) all works connected with or for the purposes of a
railway authorized to be constructed;

(c) ' Railway official ' includes any manager or assistant
manager and all such officers, servants, agents and other persons
as may be employed to do any act upon or in connexion with a
railway.

[s. 3, rep. No. 8 of 1912.]

4. All duties and powers hereinafter required to be performed
and exercised by the manager or by the chief resident engineer
shall and may, in the absence of the manager or of the chief
resident engineer, be performed and exercised by an assistant
manager or by an assistant engineer.

5. The administrator shall have the custody and adminis-
tration of all railways subject to the general authority of the
Governor in Council.

6. The Governor shall appoint suitable officers to carry out
the provisions of this Ordinance, such officers to be under the
control of the administrator, subject to the general authority 6f
the Governor.

7.-(1) The Governor in Council may authorize the con-
struction of any railway within the Colony.

(2) The Governor may acquire such lands as he may deem
necessary for the purposes of such railway, and any such purpose
shall be deemed to be a public purpose within the meaning of
the Crown Lands Resumption Ordinance, 1900.

Construction.

8. For the purpose of constructing any such authorized
railway, the administrator may-

(i) make or construct in, upon, across, under or over any
lands or any streets, hills, valleys, roads, railways or tramways,
or any rivers, canals, brooks, streams or other waters, or any
drains, water pipes, gas pipes, electric wires, or posts, such

* As amended by No. 28 of 1927 [23.12.27].
As amended by Law Rev. Ord., 1939.





temporary or permanent inclined planes, arches, tunnels, culverts,
embankments, aqueducts, bridges, roads, lines of railway, ways, passages,
conduits, drains, piers, abutments, cuttings and fences as the administrator
thinks proper;

(2) alter the course of any rivers, brooks, streams or watercourses, for
the purpose of constructing and maintaining tunnels, bridges, passages or
other works over or under them ; and divert, widen, narrow or alter, as well
temporarily as permanently, the course of any rivers, brooks, streams or
watercourses, or any roads, streets or ways; or raise or sink the level thereof
in order the more conveniently to carry them over or under or by the side of
the railway as the administrator thinks proper;

(3) make drains or conduits into, through or under any lands adjoining
the railway for the purpose of conveying water to or from the railway;

(4) erect and construct such houses, warehouses, offices and other
buildings, and such yards, stations, wharves, engines, machinery, apparatus
and other works and conveniences, as the administrator thinks proper;

(5) alter, repair or discontinue such buildings, works and conveniences
as aforesaid or any of them and substitute others in their stead; and

(6) do all other acts necessary for making, maintaining, altering,
repairing or using the railway.

The exercise of, the powers conferred on the administrator by this section
shall be subject to the control of the Governor in Council.

9. The administrator may for the purpose of exercising the powers
conferred on him by this Ordinance alter the level or position of any pipe,
conduit, drain, electric wire, or post: Provided that he shall give reasonable
notice of his, intention to do so to the person in control of the same, and
shall execute the work to the reasonable satisfaction of such person.

10.-(1) The Governor in Council may authorize the
administrator of any railway in case of any slip or other
accident happening or being apprehended to any cutting, em-

As amended by No. 28 of 1927 [23,12.27].
As amended by No. 5 of 1934 [6.4.34].
As amended by Law Rev. Ord., 1939.





bankment or other work, under his control to enter upon any
lands adjoining the railway for the purpose of repairing or
p reventing the accident, and to do all such works as may be
necessary for the purpose.

(2) In case of necessity the administrator may enter upon
the lands and do the works aforesaid without having the previous
sanction of the Governor in Council, but in such a case he shall
within seventy-two hours after such entry make a report to the
Governor in Council specifying the nature of the accident or
apprehended accident and of the works necessary to be done,
and the power conferred on the administrator by this sub-sedtion
shall cease and determine if the Governor in Council considers
that the exercise of the power is not necessary for the public
safety.

11. The administrator shall make and maintain for the
accommodation of the owners and occupiers of lands adjoining
any railway-

(1) convenient crossings, bridges, arches, culverts and
passages over, under or by the sides of or leading to or from
the railway for the purpose of making good any interruptions
caused by the railway to the use of the lands through which the
railway is made; and

(2) arches, tunnels, culverts, drains, watercourses or other
passages over or under or by the sides of the railway for the
purpose of conveying water at all times as freely from or to
such lands as before the making of the railway or as, nearly
as may be:

Provided that-

(i) the administrator shall not be required to make any
accommodation works in such a manner as would prevent or
obstruct the working or using of the railway, or to make any
accommodation works with respect to which the owners or
occupiers of the land have agreed to receive and have been paid
compensation, or to make any accommodation works with respect
to which the owners or occupiers have made no representations
during the time that the section of the railway affected was in
course of construction ; and

* As amended by No. 28 of 1927 [23.12.27].
As amended by Law Rev. Ord., 1939.





(2) where the administrator has provided suitable accom-
modation for the crossing of a road or stream and the road or
stream is afterwards diverted by the act or neglect of the person
having the control thereof, the administrator shall not be com-
pelled to provide other accommodation for the crossing of the
road or stream.

12. No action or suit shall be brought or maintained against
the Crown or against the administrator or against any person
for compensation or for any loss or damage resulting to any
person by reason of the construction of any railway works;
but if any person considers himself to be entitled to compen-
sation in respect of any land or, property adjoining a railway,
or of any interest therein which has in his opinion been
injuriously affected by the construction of such works, he may,
if no agreement has been come to between himself and the
administrator, forward to the Colonial Secretary a claim for
compensation, which claim shall be determined in the following
manner-

(1) There shall be two arbitrators, one bf whom shall be
nominated by the Governor and the other by the person claiming
compensation.

(2) The two arbitrators so nominated shall view the land or
property in respect of which such compensation is claimed with
the object of deciding what sum should in the circumstances of
the case be awarded as compensation, and if the said arbitrators
agree as to the amount their decision shall be final. In case of
disagreement they shall, and at any stage of the arbitration they
may, refer the matter in dispute to such one of the judges as
umpire as the Chief justice shall arrange and the decision of
such judge shall be final.

(3) The decision of the arbitrators or the umpire, as the
case may be, shall be forwarded in writing to the Colonial
Secretary.

(4) Where the amount of compensation, if any, is deter-
mined by the arbitrators, each party shall pay the costs incurred
by him in respect of the matter of the arbitration, but if the
matter in dispute is referred to a judge the costs of and incident

As amended by No. 28 of 1927 [23.12.27].
As amended by Law Rey. Ord. 1939





to the arbitration and the inquiry by the judge shall be in his
discretion

Provided that the Governor in Council shall as soon as may
be after the commencement of the construction of any railway
works by notification in the Gazefte fix a date after which no
claim for compensation shall lie.

[s. 13, rep. Law Revision Ordinance, 1939.]

14.-(1) In either of the following cases-

(a) where there is danger that a tree standing near a railway
may fall on the railway so as to obstruct traffic; or
(b) when a tree obstructs the view of any fixed signal,

the administrator may, with the permission of any magistrate,
fell the tree or deal with it in such other manner as will in the
opinion of the administrator avert the danger or remove the
obstruction, as the case may be.

(2) In case of emergency, the power mentioned in sub-
section (1) may be exercised by the administrator without the
permission of a magistrate.

(3) A civil court shall not entertain a suit to recover com-
pensation for any tree felled or otherwise dealt with under this
section.

Opening of the railway.

15. The administrator may use upon any railway locomotive
engines or other motive power and rolling stock to be drawn or
propelled thereby.

16. No railway shall be opened for the public carriage of
passengers until the chief resident engineer has certified in
writing to the Governor in Council that-

(1) he has made a careful inspection of the railway and
rolling stock;

(2) the works and rolling stock are in a sound condition
and

(3) in his opinion the railway can be opened for the public
carriage of passengers without danger to the public using it.

* As amended by No. 28 of 1927 [23.12.27].





Legal proceedings.

17. All actions and suits which, if the railway were the
property of a company under the Companies Ordinance, 1932,
having its registered office in the Colony, might be brought by
and against such company may be brought by and against
the manager, anything in the Code of Civil Procedure to the
contrary notwithstanding, and for the purpose of all such actions
and suits the lands, buildings, rolling stock and other property
appertaining to the railway shall be deemed to be the property
of the manager.

18.-(1) None of the rolling stock, machinery, plant, tools,
fittings, materials or effects used or provided by the adminis-
trator for the purpose of traffic on any railway or of its stations
or workshops shall be liable to be taken in execution of any
decree or order of any court or person having by law power
to attach or distrain property or otherwise to cause property to
be taken in execution.

(2) Nothing in sub-section (1) is to be construed as affecting
the authority of any court to attach the earnings of a railway in
execution of a judgment or order.

19.-(1) Any, summons, notice, order or other document
required to be served upon the, manager may be served on him
personally or by post in a registered letter addressed to the
manager at the principal office of the administrator.

(2) Where a summons, notice, order or other document is
served by post, it shall be sufficient in proving such service to
prove that the letter containing the document was properly
addressed and registtred.

Responsibility of the administrator as carrier.

20. The administrator shall not be liable for loss, injury,
destruction or deterioration of animals or goods delivered for
carriage by the railway unless such loss, injury, destruction or
deterioration shall have occurred within the Colony, and in any
suit against the administrator for compensation in respect thereof

* As amended by No. 28 of 1927 [23.12.27]
As amended by Law Rev. Ord., 1939.





the burden of proving such fact shall lie upon the person claiming
compensation.

21. The administrator shall in no case be liable for loss or
injury to any articles or goods to be carried by the railway
unless it shall have been. caused by negligence or misconduct
on the part of his agents or servants, and unless the articles or
goods in respect of which compensation is claimed shall have
been booked and paid for in conformity with this Ordinance.

22.-(1) The responsibility of the administrator for the loss,
destruction or deterioration of animals delivered to be carried on
the railway shall not in any case exceed, in the case of horses
three hundred and fifty dollars a head, in the case of mules,
donkeys or horned cattle one hundred dollars a head, in the
case of sheep, goats, dogs or other animals twenty dollars a
head, unless the person sending or delivering thern caused them
to be declared or declared them at the time of their delivery
to be respectively of higher value.

(2) Where such higher value has been declared, the a dminis-
trator may charge in respect of the increased risk a percentage
upon the excess of the value so declared over the respective sums
aforesaid.

23. The administrAtor shall not be responsible for the loss,
destruction or deterioration of any passenger's luggage unless it
has been delivered into the custody of a railway official.

24.- 1 (1) When any articles mentioned in the Schedule are
contained in any parcel or package delivered to the adminis-
trator for carriage by railway and the value of such articles
exceeds one hundred dollars, the administrator shall not be
responsible beyond that sum for the loss, destruction or
deterioration of the atticles in the parcei or package unless the
person sending or delivering it caused its value and contents to
be declared or declared them at the time of its delivery, and if so
required paid or engaged to pay a percentage on the value so
declared in respect of the increased risk.

(2) When any parcel or package of which the value has
been declared under sub-section (i) has been lost or destroyed

As amended by No. 28 of 1927 [23.12.27].
As amended by Law Rev. Ord., 1939.





or has deteriorated, the compensation recoverable in respect
thereof shall not exceed the value so declared, and the burden
of proving it to have been the true value shall, notwithstanding
anything in the declaration, lie on the person claiming the
compensation.

(3) The administrator may make it a condition of carrying
a parcel declared to contain any article mentioned in the Schedule
that the railway servant authorized in this behalf has been
satisfied by examination or otherwise that the parcel actually
contains the article declared to be therein.

(4) This section shall not apply to any parcel carried by the
railway for any postal authority.

25. In any suit against the administrator for compensation
for loss, destruction or deterioration of animals or goods delivered
for carriage by railway, it shall not be necessary for the plaintiff
to prove how the loss, destruction or deterioration was caused ;
but the burden of proving the value of the animals or goods,
and where the same have been injured, the extent of the injury,
shall lie upon the claimant.

26. A person shall not be entitled io a refund of an over-
charge in respect of animals or goods carried by a railway or
to compensation for the loss, destruction or deterioration of
animals or goods delivered to be so carried unless his claim has
been preferred in writing by him or on his behalf to the adminis-
trator within six months from the date of delivery of the animals
or goods for carriage.

27. Notwithstanding anything in the foregoing provisions,
the administrator shall not be responsible for the loss, destruction
or deterioration of any goods with respect to the description of
which an account maierially false has been given by the owner
or person having charge thereof, if the loss, destruction or
deterioration is in any way brought about by the false account,
and the administrator shall not be responsible in any case for an
amount exceeding the value of the goods calculated in accordance
with the description contained in the false account.

As amended by No. 28 of 1927 [23.12.27].





Accidents.

28. When any of the following accidents occurs in the
working of any railway-

(i) any accident attended with loss of human life or with,
grievous bodily harm or with serious injury to property;

(2) any collision between trains one of which is a train
carrying passengers;

(3) the derailment of any train carrying passengers or any
part of such a train;

(4) any accident of a description usually attended with loss
of life or with grievous bodily harm or with serious injury to
property; or

(5) any accident of any other description which the Governor
in Council may notify in this behalf in the Gazette,

the administrator shall without unnecessary delay send notice
of the accident to the Colonial Secretary, and the station master
nearest to the place where the accident occurred, or where there
is no station master the official in charge of that part of the
railway on which the accident occurred, shall give notice of the
accident to the officer in charge of the nearest police station.

[S. 29, rep. No. 28 of 1927]

30. Every station master or railway official who omits to
give notice of an accident as is required by section 28 or by any
rules under section 32 (2) shall upon summary conviction be
liable to a fine not exceeding fifty dollars.

31. Whenever any person injured by an accident on a
railway claims compensation on account of the injury, any court
or person having by law or consent of the parties authority to
determine the claim may order him to be examined by a medical
prjactitioner named in the order and not being a witness on either
side, and may make any order with respect to the costs of the
examination as it or he thinks fit.

As amended by No. 28 of 1927 [23.12.27]
As amended by No. 5 of 1934 [6.4,34].





Management.

32.-(1) It shall be lawful for the administrator to do all
things which may be necessary for the construction, maintenance
and repair of the railway, and for the construction, maintenance,
repair and renewal of the rolling stock, and efficient working of
the railway, and particularly-

(a) to arrange the train service

(b) to settle the time-tables and alter the same from time
to time as may be necessary;

(c) temporarily to suspend the service either wholly or in
part;

(d) to fix the speed at which the rolling stock shall sun;

(e) to fix, and alter as occasion may require, the fares to
be paid by passengers travelling on the railway and to issue
tickets for the same;
to fix the different rates payable for the carriage of
variousgoods over the railway and to classify such goods and to
alter such rates by either increasing or decreasing them as he
may deem necessary from time to time;

(g) to issue and make charges for platform tickets;

(h) to reserve in any manner the whole or any part of the
accommodation of any train, ferry, ship;, boat, craft or vehicle
used in or for the service of the railway

(i) to grant licences-

(i) to porters other than railway servants to handle cargo,
goods or passengers' baggage or luggage; and
(ii) to any person to use the railway premises, property and
rolling stock, or any part thereof, for exhibiting notices, bills,
posters, advertisements and announcements whether pictorial or
otherwise; and

(iii) to vendors of fruit, goods or wares on railway premises
or in any train,

and to make charges therefor and to attach conditions thereto;

As amended by No. 28 of 1927 [23.12.27]





(j) to fix and vary from time to time the rates for the carriage
of any animals by the railway.

(2) Subject to the approval of the Governor in Council it
shall be lawful for the administrator to make rules-
(a) for the general purposes of administration ;
(b) for regulating the carriage of passengers and all matters
connected therewith and the restrictions to be placed upon the
carriage of persons who are lepers or who are suffering from any
contagious or infectious disease;

(c) for regulating the receipt, transportation and delivery of
goods to be carried over the railway and all matters connected
therewith, together with the restrictions to be placed upon
dangerous and offensive, perishable or fragile goods, or other
classes of goods;

(d) for prescribing the terms upon which any goods or class
of goods will be received for carriage by the railway ;

(e) for regulating the receipt, transport and delivery of
animals over the railway, and the terms upon which they will
be received for carriage by, the railway and the restrictions placed
upon such carriage;
(f) for regulating the hours of employment and the work to
be done by railway servants;

(g) for regulating the conduct and control of all persons
working for or on the railway whilst on the railway premises,
rolling, stock or property;

(h) for prescribing the procedure to be followed in the case
of accidents
(i) for prescribing forms;

(j) for such other purposes as may be necessary to carry out
effectively the provisions of this Ordinance.

(3) All rules made under this section, unless some other
date be fixed by such rules, shall come into operation on the day
on which they are made, and it shall not be necessary to publish
such rules in the Gazette.

(4) The administrator shall keep at each station a copy in
English and Chinese of the rules made under this section and
shall allow any person to inspect any such copy at all reasonable
times.





33.-(1) The administrator shall determine the maximum
load for every wagon or truck in his possession and shall con-
spicuously exhibit and keep exhibited on the outside thereof the
load so determined.

(2) Every person owning a wagon or truck which passes
over the railway shall similarly determine, exhibit and keep
exhibited its maximum load.

(3) The gross weight of any such wagon or truck bearing
upon the axles when it is loaded to such maximum load shall
not exceed such limit as may be approved by the administrator
for the class of axle.

[s. 34, Tep. No. 28 of 1927.]

35.-(1) The manager may, on sufficient cause to him
appearing and subject to the provisions hereinafter cotitained,
summarily dismiss any railway official who is not confirmed to
the fixed establishment of the Colony and who is not under written
agreement, or may suspend any such official from the perform-
ance of his duties: Provided that every official so dismissed or
suspended shall have the right of appeal. to the Governor, and
should such suspension or dismissal be confirmed the official if
suspended shall be thereupon dismissed from the service of the
railway, or if already dismissed by the manager, shall be deemed
to be finally dismissed without further appeal.

(2) If any person employed on the railway is alleged to
have committed any breach of any rule made under section 32,
the manager may, in lieu of prosecuting such person, inquire
summarily into such allegation, and if he is of opinion that the
allegation is established he may impose on such person a penalty
not exceeding twenty-five dollars.

(3) Unless the penalty be paid, the amount of such penalty
may be deducted from the pay of the person on whom the penalty
was imposed: Provided that no sum greater than the amount
of seven days' pay shall be, so deducted in any one month from
the pay of any such person, except upon the termination of his
employment.

As amended by No. 28 of 1927 [23.12.27].
As amended by No. 35 of 1934 [9.11.34].
As amended by Law Rev. Ord., 1939.





(4) An appeal to the Governor shall he from any penalty
imposed by the manager under this section.

(5) Every appeal to the Governor under t his section shall
be by a written petition setting forth the facts complained of and
such petition shall be sent to the Colonial Secretary not later
than fourteen days after the commission of the act giving the
right to appeal.

(6) This section shall not apply to any person who is in
receipt of a yearly salary of two hundred pounds or two thousand
dollars or upwards.

36. No person, unless exempted from the payment of fare
by or under any general rule made under section 32, shall, enter
any carriage used on a railway or any steamer belonging to
the administrator for the purpose of travelling therein without
having first paid his fare and obtained a ticket. Every person
not so exempted desirous of travelling on the railway shall upon
payment of his fare be furnished with a ticket specifying the
class of carriage for and the station from and the station to
which the fare has been paid, and shall when required show his
ticket to any railway official duly authorized to examine the same,
and shall deliver up such ticket upon demand to any railway
official duly authorized to collect tickets. Every person not so
exempted who does not produce or deliver up his ticket as afore-
said shall be liable to pay the fare from the place whence the
train or steamer originally started unless he can prove that he
has travelled a less distance, in which case he shall be liable to
pay the fare only from the place whence he has travelled.

37. The fare or freight paid for the conveyance of passengers
or goods respectively shall be deemed to be accepted only upon
condition that there is room in the trains. In case there is not.
room for all the passengers or goods, those passengers who have
tickets for the longest distance shall have the preference, and
those who have tickets for the same distance shall have the
preference according to the order in which they have received
their tickets; and the like order shall be observed as to goods:
Provided that all officers and troops. on duty and all other persons
travelling on the business of the Government shall be entitled
to priority over the public without reference to the distance for
which or the order in which they have received their tickets.

As amended by No. 28 of 1927 [23.12.27]






38.-(1) Every person who, with intent to defraud the administrator

(a) travels or attempts to travel on a railway without having previously
paid his fare; or

(b) rides in or upon a carriage of a higher class than that for which he
has paid his fare; or

(c) having paid his fare for a certain distance, knowingly and wilfully
proceeds by train beyond that distance without previously paying the
additional fare for the additional distance; or

(d) on arriving at the station to which he has paid his fare, remains
upon the railway premises; or

(e) transfers or lends any pass or ticket or any portion of any ticket
obtained by him to any other person ; or

(f) in any other manner attempts to evade payment of his fare,

shall upon summary conviction be liable to a fine not exceeding two hundred
and fifty dollars.

(2) The liability of an offender to punishment under this section shall
not prejudice the recovery of any fare payable by him.

39. Every passenger who

(1) gets into or upon or attempts to get into or upon, or quits or
attempts to quit, any carriage upon the railway while such carriage is in
motion ; or

(2) rides or attempts to ride upon the railway on the steps or any other
part of a carriage except on those parts which are intended for the
accommodation of passengers,

shall upon summary conviction be liable to a fine not exceeding fifty dollars.

40. Every person who, without the permission of the manager, rides or
attempts to ride in or upon any engine, cab or tender, or any luggage van,
goods wagon or other vehicle

As amended by No. 28 of 1927 [23.12.27].
As amended by Law Rev. Ord., 1939.





or any part thereof not appropriated to the carriage of passengers
on any railway, shall upon summary conviction be liable to a
fine not exceeding fifty dollars.

41.-(1) Every person who-

(a) smokes or chews tobacco, opium or other like substance
either in a waiting room or in or upon any railway carriage
set apart for females or non-smokers; or

(b) spits in, from or upon any railway waiting room,
platform or other premises or any railway carriage,

s hall upon summary conviction be liable to a fine not exceeding
ten dollars.

(2) Every person who persists in infringing any of the pro-
visions of subsection (i), after being warned to desist by any
railway official or passenger, may, in addition to incurring the
liability mentioned in the said sub-section, be removed by any
such official from any such carriage and from the railway
premisds and, further, shall forfeit his fare.

42. Every person who is in a state of intoxication or is
insufficiently or indecently clad, or who commits any nuisance
or act of indecency in any railway carriage or upon any
part of
the railway premises, or who wilfully and without lawful excuise
interferes with the comfort of any passenger on a railway, shall
upon summary conviction be liable to a fine not exceeding fifty
dollars, and to imprisonment for any term not exceeding three
months, and, further, may be removed by any railway official
from any such carriage and also from the railway premises and
further, shall forfeit his fare.

43. Any passenger may be directed by a station master,
guard or other railway official to enter and travel in any carriage
or compartment which such railway official may indicate, not
being of a lower class than that for which he has paid his fare,
and any passenger refusing or neglecting to conform to such
direction may be removed byany railway official from the railway
premises and further shall forfeit his fare.

44.-(1) Every male person who without lawful excuse
enters any special carriage or portion of a carriage or any private

As amended by No. 28 of 1927 [23 .12.27]
As amended by Law Rev. Ord ., 1939.





room or apartment provided for the exclusive use of females,
knowing the same to be so appropriated, or who remains therein
after having been informed of its appropriation; and

(2) every person who without lawful excuse enters any
special carriage or compartment reserved for the private use of
any other person, knowing the same to be so reserved, or who
remains therein after being requested to leave the same; and

(3) every person who, having obtained a ticket of one class,
knowingly and wilfully refuses or neglects to leave any room
or place set apart for passengers of a higher class,

may be forthwith removed therefrom and also from the railway
premises and, further, shall forfeit his fare and shall upon
summary conviction be liable to a fine not exceeding fifty dollars.

45. If any person shall fail to pay on demand any sum due
for the conveyance of any goods on a railway, it shall be lawful
for the manager to detain all or any part if such goods or if the
same shall have been removed from the railway premises any
other goods of such person which may, be therein or shall there-
after come into the possession of the administrator, and it shall
be lawful for the manager, after reasonable notice to such person,
to sell by public auction a sufficient quantity of such goods to
realize the sum payable as aforesaid and all charges and expenses
of such detention and sale, and out of the proceeds to retain
the said sums rendering the surplus, if any, and such of the
goods as shall remain unsold to the person entitled thereto: or
the manager may recover any such sums by action at law. The
goods of passengers may also be detained and sold and the
proceeds disposed of as above provided for non-payment of the
fare due by them.

45A.-(1) The administrator, or any person or persons
authorized by him in this behalf, may detain any goods found
on any train-
(a) which are without. any apparent owner; or
(b) which (not being bond fide passengers baggage placed
on the train by, or with the authority of, a railway official) have
not been declared for freight.

As amended by No. 28 of 1927 [23.12.27].
As amended by No. 5 of 1934 [6.4.34].
As amended by Law Rev. Ord., 1939.





(2) The administrator may, in his absolute discretion, either
return any goods so detained, or any part thereof, to any person
claiming to be the owner thereof, on such terms as he may see
fit to impose, or declare such goods, or any part thereof, to be
forfeited; and on the making of any such declaration the goods
declared to be forfeited shall be deemed to be the property of
the Crown free from all rights of any person.

46. The owner or person having the care of any goods which
shall have been carried upon a railway or shall be brought to
the railway premises for the purpose of being carried on the
railway shall on demand by any railway official deliver to him
an exact account in writing signed by him of the number or
quantity and description of such goods. This provision shall
not apply to passengers' luggage.

47. Every such owner or person as aforesaid who, upon
demand by any railway official, fails to give such account or
wilfully gives a false account shall upon summary conviction be
liable to a fine not exceeding twenty dollars for every ton of
goods and not exceeding ten dollars for any quantity less than a
ton.

48.-(1) No person shall carry or cause to be carried upon
n railway any dangerous goods as defined by section 2 of the
Dangerous Goods Ordinance, 1873, or any goods which may
be declared dangerous or offensive by any general rule made
under section 32 of this Ordinance, except in accordance with
the provisions of any general rule made under the last-mentioned
section.

(2) Every person who carries upon or delivers for carriage
by the railway any such dangerous goods without distinctly
declaring the nature of the same shall upon summary conviction
be liable to a fine not exceeding one hundred dollars.

(3) It shall be lawful for any railway official to refuse to
carry any luggage or parcel, vessel or package that may be
suspected to contain dangerous or offensive goods and to require
the same to be opened, and in case any such luggage or parcel,
vessel or package shall have been received for the purpose of
being carried on the railway, it shall be lawful for any railway
official to stop the transit thereof until he is satisfied that the
nature and contents of the luggage or parcel, vessel or package
are not dangerous or offensive.





49. Every person knowingly suffering from leprosy, small-
pox or other contagious or infectious disease who travels by
any railway except in accordance with any rules made in that
behalf shall upon summary conviction be liable to a fine not
exceeding two-hundred and fifty dollars; and if any person
whilst travelling be discovered to be so suffering it shall be
lawful for any railway official to remove him from the carriage
and from the railway premises at the first opportunity, and
such person may in addition to any fine be ordered to pay the
amount of any expenses incurred in the disinfection of any
carriage or portion of a carriage occupied by him while so
travelling. Every such carriage or portion of a carriage shall
be properly disinfected as soon as practicable and shall not be
used for the conveyance of passengers till it has been so
disinfected.

50. Every person who trespasses upon a railway or upon
any of the lands, stations or other premises appertaining thereto
shall upon summary conviction be liable to a fine not exceeding
fifty dollars, and every person Who being without lawful excuse
on the railway or premises refuses to leave the same on being
requested to do so by any railway official may be immediately
removed therefrom and shall upon summary conviction be liable
to a fine not exceeding two hundred and fifty dollars.

51. Every person who wilfully rides, leads or drives upon
or across a railway any animal except in directly crossing the
railway at any road or place appointed for that purpose at a
time at which he may lawfully do so, or who tethers any animal
upon or within reach of any railway, or who suffers any animal
to stray upon anv railway, shall upon summary conviction be
liable to a fine not exceeding fifty dollars.

52. Every person who wilfully alters or defaces his pass or
ticket so as to render the date, number or any material portion
thereof illegible shall upon summary conviction be liable to a
fine not exceeding fifty dollars.

53. Every person who wilfully obstructs or impedes any
railway servant in the discharge of his duty shall upon summary
conviction be liable to a fine not exceeding one hundred dollars.

* As amended by No. 28 of 1927 [23.12.27]
As amended by Law Rev. Ord., 1939.





54. It shall be lawful for the Governor to declare by noti-
fication any road or path which a railway may cross to be an
occupation crossing. All occupation crossings shall be used
subject to such rules as the Governor in Council may make in
that behalf. The following provisions are subject to modification
by such rules as aforesaid. The gates of occupation crossings
are not to close across the railway and are to be kept locked by
means of padlocks the keys of which shall be kept by railway
officials. Every person desiring to use the same must give
reasonable notice of his intention to do so to the station master
of the nearest station. Cattle passing over the occupation cross-
ing must not be driven but led by a suitable and properly secured
halter. Every person using or attempting to use an occupation
crossing without such notice, and every person causing cattle
to cross without such halter, and the owner of any cattle so
crossing, shall upon summary conviction be liable to a fine not
exceeding fifty dollars, or to imprisonment for any term not
exceeding three months.

55.-(1) The owner of every animal which trespasses or
strays upon any railway or upon any railway lands (such railway
or lands being provided with suitable fences for excluding cattle)
shall upon summary conviction be liable to a fine not exceeding
five dollars for each such animal.

(2) It shall be lawful for any railway official to take or drive
every animal found so trespassing to the nearest police station,
there to be detained until a sum of five dollars for each such
animal and the expenses of feeding and keeping it be deposited
or until a magistrate otherwise orders.

(3) Should any such animal prove unmanageable it shall be
lawful for any railway official to kill it and the owner shall be
liable to prosecution and fine if the trespass be proved.

(4) A magistrate may, upon proof of the trespass, cause
such animal to be sold by public auction.

(5) Any such deposit or the proceeds of any such sale as
aforesaid shall, after deducting therefrom such fine as the magis-
trate may award and such further sum as he may order to be
paid for the expenses of keeping feeding and, if the animal has

* As amended by No. 28 of 1927 [23.12.27]
As amended by Law Rev. Ord., 1939.





been sold, of selling such Animal, shall be returned or paid to
the owner.

56. Every person who-

(1) unlawfully and wilfully removes or defaces any number-
plate or removes or extinguishes any lamp on any carriage or
signal-post belonging to the railway; or

(2) wilfully imitates any railway signal; or

(3) wilfully or negligently damages or injures any carriage,
engine, wagon, truck, station, warehouse, bridge, building,
machine, rail points, fence or any other matter or thing belonging
to the railway,

shall upon summary conviction be liable to a fine not exceeding
two hundred and fifty dollars or to imprisonment, for any term
not exceeding one year.

57. Every person for whose use or accommodation any gate
or chain has been set up by any railway official on either side
of a railway, and every other person, who opens such gate or
chain or passes or attempts to pass or drives or attempts to drive
any cattle, carriage or other animal or thing across the railway
at a time when any engine or train approaching along the same
is in sight, or at any time omits to shut and fasten such gate
or chain as soon as he and any cattle, carriage or other animal
or thing under his charge have passed through the same, shall
upon summary conviction, be liable to a fine not exceeding fifty
dollars.

58. Every railway official who-

(1) is in a state of intoxication or under the influence of
opium, compound of opium, morphine ot any other narcotic,
whilst actually employed upon the railway or any of the works
connected therewith in the discharge of any duty; or

(2) negligently omits to perform his duty or performs the
same in an improper manner,

shall upon summary conviction be liable to a fine not exceeding
fifty dollars, and if the duty be such that the omission or

As amended by No. 28 of 1927 [23.12.27]





negligent performance thereof would be likely to endanger the safety of any
person travelling or being upon the railway, shall be liable to imprisonment
for any term not exceeding one year and to a fine not exceeding two hundred
and fifty dollars.

59. Every person who rashly or negligently and without lawful excuse
does any act which is likely to endanger his own safety or that of any person
travelling or being upon the railway shall upon summary conviction be liable
to imprisonment for any term not exceeding six months, and to a fine not
exceeding two hundred and fifty dollars.

60. Every person who wilfully does any act which is forbidden, or
neglects to do any act which is required by any rules made under this
Ordinance and for which no penalty is specially provided shall upon
summary conviction be liable to a fine not exceeding fifty dollars.

61. Every person who commits any, offence under this Ordinance may
be lawfully apprehended, without any warrant or written authority, by any
railway official or by any other person whom such railway official shall call to
his aid or by any police officer, and every person so apprehended shall with
all convenient despatch be taken before a magistrate to be dealt with
according to law.

62. In the construction of this Ordinance every railway official shall be
legally bound to do everything necessary for or conducive to the safety of
the public, and every such official shall be legally prohibited from doing
every act which is likely to cause danger.

[ss. 63 and 64, rep. Law Revision Ordinance, 1939.]

[s. 65, rep. No. 43 Of 1912, Supp. Sched.]

66. The provisions of the Magistrates Ordinance, 1932, shall apply to
every proceeding before and every order by a magistrate under this
Ordinance, and the payment of any fare for which any passenger not
producing or delivering up his ticket is liable, or of any sum of money,
damages or expenses for

As amended by No. 28. of 1927 [23.12.27]
As amended by Law Rev. Ord., 1939.





which any person shall be liable under this Ordinance, may be recovered and
shall be enforceable in like manner as the payment of a civil debt recoverable
summarily before a magistrate.

[s. 67, rep. No. 28 of 1927]

68. Every person who wilfully or maliciously removes, defaces or in any
way injures any copy of any rules kept at a station as required by section 32
(4), or any notice or document posted by or by the authority of the
administrator at a station or anywhere upon a railway, shall upon summary
conviction be liable to a fine not exceeding fifty dollars or to imprisonment
for any term not exceeding three months.

SCHEDULE. 24.

ARTICLES TO BE DECLARED AND
INSURED.

(a) gold and silver, coined or uncoined, manufactured or unmanutured;

(b) plated articles;

(c) cloths and tissue and lace of which gold or silver forms part, not
being the uniform or part. of the uniform of an officer, soldier, sailor, police
officer or of any public officer entitfed to wear uniform;

(d) pearls, precious stones, jewellery and trinkets;

(e) watches, clocks and timepieces of any description;

(f) Government securities;

(g) Government stamps;

(h) bills of exchange, promissory notes, bank notes and orders or other
securities for payment of money;

(i) maps, writings and title-deeds,

(j) paintings, engravings, lithographs, photographs, carvings, sculpture
and other works of art;

(k) art Pottery and all articles made of glass, china or marble;

(l) silks in a manufactured or unmanufactured state, and whether
wrought up or not wrought up with other materials;

(m) shawls;

(n) lace and furs;

(o) opium;

(p) ivory, ebony, coral and sandalwood;

(q) musk, sandalwood oil and other essential oils used in the
preparation of perfume;

(r) musical and scientific instruments,

(s) any article of special value which the Governor in Council may, by
notification in the Gazette, add to this Schedule.

As amended by No. 28 of 1927 [23.12.27]. As
amended by No. 5 of 1934 [6.4.34].
As amended by Law Rev. Ord., 1939.
[Originally No. 21 of 1909. No. 28 of 1927. No. 5 of 1934. No. 35 of 1934. Law Rev. Ord., 1939.] Short title. Interpretation. Powers of assistant manager or assistant engineers. Custody and administration of railways. Appointment of officers. Section by Governor in Council of railway construction. Ordinance No. 10 of 1900. Authority to execute all necessary work. Construction of inclined planes, etc. Alteration of the courses of rivers, etc. construction of drains or conduits. Erection of buildings, etc. alteration or discontinuance thereof. Other necessary works. Control of Governor in Council. Alteration of pipes, wires and drains. Temporary entry upon land for repairing or preventing accident. Power to enter lands. Maintenance of crossings, bridges, arches, culverts, etc. exception with regard to accommodation works. Limitation of action for compensation. Appointment of arbitrators. Costs. Removal of trees obstructing the working of a railway. Right to use locomotives, etc. certificate to Governor in Council prior to opening of railway. Actions against the administrator, how brought. Ordinance No. 39 of 1932. Ordinance No. 3 of 1901. Restriction on execution against railway property. Service of summonses, notices, etc. Effect of service by post. Liability of administrator confined to carriage within the Colony. Liability for loss or injury in respect of goods. Provision as to liability in respect of carriage of certain animals. Charge on increased risk. Liability as to passenger's luggage. Liability as to articles of special value. Schedule. Compensation recoverable not to exceed the value declared. Declaration of contents of parcel. Exemption. Burden of proof in respect of loss of animals or goods. Notification of claims to refund of overcharges and compensation for losses. Exoneration from responsibility in case of goods falsely described. Report of accidents. [23.12.27.] Penalties for failure to comply with s. 28 or 32 (2). Compulsory medical examination of person injured in railway accident. Powers of administrator. [s. 32 contd.] Maximum load for wagons and trucks. [23.12.27.] Powers of manager as to punishment of railway officials. Fares to be prepaid and passenger tickets to be given up on demand. Fare and freight to be accepted conditionally. Offences in connexion with fares. Penalty for entering carriage in motion or riding on the steps. Penalty for riding on engine, tender, luggage van, etc. Penalty for smoking, chewing, etc. Penalty for intoxication or nuisance. Passengers may be directed as to the carriage in which they shall travel. Penalty for entering private room or carriage, etc. Remedy for non-payment of sum due for carriage of goods, and for non-payment of fare. Further provision for detention and forfeiture in certain cases. Written account of goods to be given on demand. Penalty for giving no account or false account. Carriage of goods of a dangerous or offensive nature. Ordinance No. 1 of 1873. Persons suffering from leprosy, etc., not allowed to travel. Penalty for trespass. Penalty for driving an animal upon or across a railway. Penalty for defacing pass or ticket. Penalty for obstructing railway servant. Occupation crossings. Liability of owner of animal trespassing. Penalty for injury to carriage, etc. Penalty for opening or not properly shutting gates or chains. Penalty for drunkenness or breach of duty by railway official. Penalty for negligent act. Breach of rules. Apprehension of offenders. Rules for the construction of the Ordinance. Recovery of fare, money due, damages and expenses. Ordinance No. 41 of 1932. [23.12.27.] Penalty for removing documents or notices.

[Originally No. 21 of 1909. No. 28 of 1927. No. 5 of 1934. No. 35 of 1934. Law Rev. Ord., 1939.] Short title. Interpretation. Powers of assistant manager or assistant engineers. Custody and administration of railways. Appointment of officers. Section by Governor in Council of railway construction. Ordinance No. 10 of 1900. Authority to execute all necessary work. Construction of inclined planes, etc. Alteration of the courses of rivers, etc. construction of drains or conduits. Erection of buildings, etc. alteration or discontinuance thereof. Other necessary works. Control of Governor in Council. Alteration of pipes, wires and drains. Temporary entry upon land for repairing or preventing accident. Power to enter lands. Maintenance of crossings, bridges, arches, culverts, etc. exception with regard to accommodation works. Limitation of action for compensation. Appointment of arbitrators. Costs. Removal of trees obstructing the working of a railway. Right to use locomotives, etc. certificate to Governor in Council prior to opening of railway. Actions against the administrator, how brought. Ordinance No. 39 of 1932. Ordinance No. 3 of 1901. Restriction on execution against railway property. Service of summonses, notices, etc. Effect of service by post. Liability of administrator confined to carriage within the Colony. Liability for loss or injury in respect of goods. Provision as to liability in respect of carriage of certain animals. Charge on increased risk. Liability as to passenger's luggage. Liability as to articles of special value. Schedule. Compensation recoverable not to exceed the value declared. Declaration of contents of parcel. Exemption. Burden of proof in respect of loss of animals or goods. Notification of claims to refund of overcharges and compensation for losses. Exoneration from responsibility in case of goods falsely described. Report of accidents. [23.12.27.] Penalties for failure to comply with s. 28 or 32 (2). Compulsory medical examination of person injured in railway accident. Powers of administrator. [s. 32 contd.] Maximum load for wagons and trucks. [23.12.27.] Powers of manager as to punishment of railway officials. Fares to be prepaid and passenger tickets to be given up on demand. Fare and freight to be accepted conditionally. Offences in connexion with fares. Penalty for entering carriage in motion or riding on the steps. Penalty for riding on engine, tender, luggage van, etc. Penalty for smoking, chewing, etc. Penalty for intoxication or nuisance. Passengers may be directed as to the carriage in which they shall travel. Penalty for entering private room or carriage, etc. Remedy for non-payment of sum due for carriage of goods, and for non-payment of fare. Further provision for detention and forfeiture in certain cases. Written account of goods to be given on demand. Penalty for giving no account or false account. Carriage of goods of a dangerous or offensive nature. Ordinance No. 1 of 1873. Persons suffering from leprosy, etc., not allowed to travel. Penalty for trespass. Penalty for driving an animal upon or across a railway. Penalty for defacing pass or ticket. Penalty for obstructing railway servant. Occupation crossings. Liability of owner of animal trespassing. Penalty for injury to carriage, etc. Penalty for opening or not properly shutting gates or chains. Penalty for drunkenness or breach of duty by railway official. Penalty for negligent act. Breach of rules. Apprehension of offenders. Rules for the construction of the Ordinance. Recovery of fare, money due, damages and expenses. Ordinance No. 41 of 1932. [23.12.27.] Penalty for removing documents or notices.

https://oelawhk.lib.hku.hk/items/show/1503

WIDOWS' AND ORPHANS' PENSION ORDINANCE, 1908

No. 15 of 1908.
An Ordinance to provide for the pensions of widows and
Orphans, and to consolidate the laws in relation thereto.

[31st December, 1908.]

[Preamble, rep. No. 2 Of 1931.]

1. This Ordinance may be cited as the Widows'and Orphans'
Pension Ordinance, 1908.

2. In this Ordinance,

(a) ' Child ' means the child of an officer by his wife, born
after marriage;
(b) ' Directors ' means such persons as may be appointed
by the Governor to carry out the provisions of this Ordinance

(c) Orphanmeans the child of a deceased officer;

(d) Pension means any pension granted under this
Ordinance, except where the context implies that the pension
of the contributor himself is referred to;
(e) ' Pensioner ' means any person entitled to a pension
under this Ordinance except where the context implies that the
contributor himself is referred to ;

(f) ' Salary ' means the salary of an officer's substantive
appointment or appointments including personal allowances in
the nature of salary;

(g) 'Wife' means the lawful wife of any officer married
to him by a Christian marriage or its civil equivdlent, or in the
case of Chinese the hit fat or tin fong, or in the case of any
other Asiatic nation, the principal wife; and ' widow ' shall be
construed accordingly.

As amended by No. 2 of 1931 [6.2.31].
As amended by Law Rev. Ord., 1939.





3.-(1) In this Ordinance, subject to the provisions of sub:-
sections (3) and (4), ' officer ' means-

(a) every male person permanently employed in the service
of the Government, whose salary has suffered abatement under
this Ordinance, or who is in receipt of a salary of not less than
four hundred and eighty dollars per annum ;

(b) every European member of the police force; and

(c) every male person, not being a member of the police
force, who is appointed or reappointed in the service of the
Government on an agreement for any period exceeding two
years:

Provided that Governors, their private secretaries and aides-
de-camp, if not contributors before they held these positions
or if they be not holders of any other substantive appointment
entitling them to be contributors, shall not be eligible to be
contributors: And provided also that persons who have attained
the age of forty-nine years, if not contributors before. they
attained that age, shall not be eligible to be contributors.

(2) Notwithstanding anything contained in sub-section (1),
it shall be lawful for the Governor in Council to exclude from
the operation of this Ordinance any person who in the opinion
of the Governor in Council is engaged on work of a special
or temporary nature.

(3) If any person who is excluded by the Governor in
Council under sub-section (2) from the operation of this
Ordinance has contributed before such exclusion, the total
amount of the contributions made by him before such exclusion
shall be repaid to him, without interest. Provided that this
sub-section shall not apply to any contributions made by such
person in respect of any service which in the opinion of the
Governor in Council was not of a special or temporary nature.

3A.-(i) No officer shall be required to contribute under
this Ordinance if, and for so long as, he is contributing to an

As amended by No. 9 of 1929 [19.9.24], No. 2 of 1931 [6.2.31] and
Law Rev. Ord., 1939.
As amended by No. 9 of 1929 [28.6.29], No. 2 of 1931 [6.2.31] and
Law Rev. Ord., 1939.





approved scheme, or if he has completed his contributions to an
approved scheme.

(2) For the purposes of this sectioR an approved scheme
means a scheme for the granting of pensions to the widows and
children of Government officers, established in a British colony
or protectorate or in British India or in any territory in respect
of which a mandate is being exercised by the government of
any part of His Majesty's dominions, which is declared by the
Secretary of State to be an approved scheme for the purposes of
this section.

(3) Any claim for exemption under this section must be
in writing and must reach the Colonial Secretary within three
months after the officer commences to draw salary from this
Government or such extended period as the Governor in Council
may in any particular case allow.

(4) An officer who under this section has obtained exemp-
tion from becoming a contributor under this Ordinance may not
subsequently become a contributor under this Ordinance unless-
(a) he ceases to contribute to the approved scheme, or
(b) he marries, or

(c) he leaves the service of this Government and is sub-
sequently reappointed to it.

(5) Nothing in this section shall exempt an officer, who
on reappointment to the service of this Government is already
a contributor under this Ordinance, from continuing his con-
tributions under this Ordinance.

(6) If an officer obtains exemption under this section, any
contributions previously made by him under this Ordinance while
his claim for exemption is pending or during either of the periods
mentioned in sub-section (3) shall be returned to him without
interest.

4. Pensions shall be paid out of the general revenue and are
hereby made charges upon such revenue.

5. All contribut ions and other revenues receivable from
officers under the provisions of this Ordinance shall be carried
to the credit of the general revenue: Provided that the sums so





received shall not be assessable for military contribution under
the Defence Contribution Ordinance, 1901.

6.-(1) It shall be lawful for the Governor to Appoint any
number of officers not exceeding five and not less than three as
directors, of whom the Financial Secretary shall be one, for the
purpose of carrying out the provisions of this Ordinance, and to
cancel the appointment of any such person.
(2) In the event of the death or absence from the Colony
of a director, or in the event of the cancellatiori of the appoint-
ment of any director, the Governor may appoint another officer
to be a director in his place.

(3) Appointments of directors and cancellations thereof shall
take effect from the notification thereof in the Gazette.

(4) At every meeting of the directors the Financial Secre-
tary, and in his absence the senior officer present, shall preside.
Every question shall be decided by the vote of the majority
present at the meeting; the chairman shall have a casting vote
in addition to his vote as director. There shall be no meeting
at which there shall not be at least three directors present and
voting.

7.--(1) Subject to the provisions of section 29, a monthly
abatement of four per cent. shall be made from the salary or
pension of every officer, and such abatements shall be credited
to the general revenue: Provided that in the case of an officer
holding or having held a post the salary of which is on a sterling
basis, the abatement shall be made in dollars at four per cefit.
of such salary or pension converted into dollars at the average
demand rate of exchange from the 15th day of the preceding
month to the 15th day of the month of payment. Such con-
tributions shall continue to be payable on the full salary whenever
an officer is on leave of absence with half salary or without
salary.
In the case of an officer holding a post the salary of which
is on a dollar basis, the abatement shall be made in dollars at
four per cent of his nominal salary.

As amended by Law Rev. Ord., 1939.





(2) Contributions made by officers holding or having held
posts, the salary of which is on a sterling basis, shall for the
purpose of calculating pensions be deemed to be fixed sterling
contributions, and the pensions shall accordingly be fixed and
payable in sterling, or if paid in the Colony, shall be converted
into dollars at the average demand rate of exchange from the
15th day of the preceding month to the 15th day of the month
of payment,

(3) The abatement aforesaid shall be made by the Account-
ant-General, or in case of payments made by the Crown Agents,
by the Crown Agents, on each occasion of payment of salary
or pension, and shall be placed to the credit of the general
revenue: Provided always that-
(i) when a contributor on leave of absence. is paid by the
Crown Agentsy he shall be entitled to receive only ninety-six
per cent or forty-six per cent of his nominal salary, according
as he is on full or half pay leave, converted (in the case of
dollar salaries) itrto sterling at the rate of exchange at which
such contributot is entitled to receive such salary;

(ii.) when A contributor's pension is paid by the Crown
Agents, such pension (a) if a dollar pension shall, subject to
the provisions of sections 10 and 10A, be reduced by four per
cent of its nominal dollar value, and the balance thus reduced
shall be payable to him, converted into sterling at the rate of
exchange at which he is entitled to receive such pension, and
(b) if a sterling pension shall be payable to him, reduced by
four per cent.

(4) In the event of such abatement not being made, every
officer shall pay to the Accountant-General or Crown Agents,
within fifteen days after the receipt by him of his monthly salary
or pension, a sum equal to four per cent thereof; and in the
event of any officer being on leave without salary, he shall pay,
before the 15th day of every month during the continuance of
such leave, to the Accountant-General or Crown Agents, a sum
equal to four per cent upon the full salary which he would
have received monthly if he had not been on leave. All sums
due under this sub-section, and all arrears of contributions due
and payable under this Ordinance, shall be a debt due by the
officer, and shall be pavable to the Acco'untant-General or
Crown Agents, with interest at six per cent., forthwith or by





such instalments as the directors may determine. The Accountant-General
or Crown Agents shall, on the written order of the directors or of any two of
them, deduct from any moneys which may be or may become due or payable
to the officer by whom such debt is payable the whole or any part thereof.

8. The abatement aforesaid shall continue, to be made until such
officer has either attained the age of sixty-five years, or has been subject to
the abatement for thirty-five successive years, whichever may first happen,
and shall thereupon cease and determine.

9.-(1) Except as provided in sections 10 and 10A, an officer who from
any cause whatever ceases to belong to the public service and retires on
pension shall not be called upon to make any further contribution beyond a
monthly abatement of four per cent on such pension to commence from the
date of his retirement until he attains sixty-five years of age or has been
subject to abatement for thirty-five years, when such abatement shall cease.

(2) An officer who, being a bachelor, leaves the public service with or
without pension on transfer or on retirement or on dismissal or otherwise
shall, if he elects to discontinue being a contributor, receive back half the
contributions which he has made under the provisions of this Ordinance or
any, Ordinance repealed by this Ordinance without interest thereon; and if
an officer who is a bachelor dies while in the service one-half of the
contributions made by him shall be paid without interest to his legal
representative.

(3) An officer being a widower without children pensionable under this
Ordinance who leaves the public service with or without pension on
retirement or on dismissal or otherwise, shall cease to contribute and to have
any rights under this Ordinance. In any such case one-half of the
contributions made as aforesaid by him since the death of his last wife or if
at the death of such wife any child continued to be pensionable, after the
time when such child ceased to be pensionable, shall be repaid without
interest to such officer.

(4) An officer being a widower with children pensionable under this
Ordinance at the time when he leaves the public service

As amended by Law Rev. Ord., 1939.





shall on the last of such children teasing to be pensionable cease
to contribute and to have any rights under this Ordinance.

(5) An officer, with children pensionable underthis Ordin-
ance at the time when he leaves the public service, who
subsequently becomes a widower shall thereupon, or upon the
last of such children ceasing to be pensionable (whichever event
last happens), cease to contribute and to have any rights under
this Ordinance.

(6) If an officer, who is a widower without children entitled
to pension, dies while in the public service, one-half of the
contributions made by him as aforesaid since the death of his
last wife or, if at the death of such wife, any child continued
to be pensionable, after the time when such child ceased to be
pensionable, shall be repaid without interest to his legal
representative.

10.-(1) Whenever the salary of an officer becomes reduced
by abatement of his emoluments or by retirement on pension,
he may elect to continfie to contribute upon the higher salary
which he was receiving previous to such reduction, and subject
to the same terms and conditions as if he had continued to draw
the higher salary: Provided th - at such officer shall notify his
decision to the Accountant-General within one month after the
date of the abatement or within four months after the date of
his retirement: Provided also that if such officer fails to notify.
his decision to the Accountant-General within one month or four
months, as the case may be, or if he dies before he has notified
his decision, he shall be deemed to have elected to contribute
on the lower salary or pension.

(2) If such officer does not elect so to continue to contribute
upon the higher salary, and contributes on the lower salary or
pension, any pension to his widow or children shall be diminished
by the amount by which it would have been increased had such
officer's salary been increased and not diminished.

10A. In the case of an officer retiring whose pension is paid
on a dollar basis and who elects to contribute on the basis of
his former dollar salary, such pension shall be reduced by the
amount of the abatement at four per cent. of his former dollar
salary, and the balance shall be payable to him converted into

As amended by Law Rev. Ord., 1939.





sterling at the rate of exchange at which he is entitled to receive
such pension.

11. An officer who retires or who is deprived of the office
in respect of which he contributed, but who is not granted a
pension, may continue to contribute, from the date of his so
retirifig or being deprived of his office, on the salary which he
was receiving at the date of such retirement or deprivation, at
the same rate and subject to the same terms and conditions as
if he had continued in the public service and continued to receive
the salary which he was receiving at the date of such retirement
or deprivation.
In the event of his ceasing to contribute or in the event of
any contributions due from him not having been paid for six
months, his widow or his widow and children, as the case may
be, shall be entitled on his death only to a pension computed
on the basis of the interest acquired by such contributor at the
date of his ceasing to contribute, in accordance with the Tables
attached to this Ordinance.

12. An officer transferred from the service of this Government
to any other office under the Crown may continue to. contribute
from the date of his ceasing to hold office in the service of this
Government on the salary which he was receiving at the date of
such transfer, at the same rate and subject to the same terms
as if he had continued in the service of this Government and
continued to receive the salary which he was receiving at the
date of such transfer.

In the event of his ceasing to contribute, or in the event
of any contribution due from him not having been paid for six
months, his widow or his widow and children, as the case may
be, shall be entitled after his death only to a pension computed
on the basis of the Interest acquired by such cohtributor at the
date of his being transferred or of his ceasing to contribute, in
accordance with the Tables attached to this Ordinance.

13.-(1) Every officer shall, within three months of the date
of his becoming liable to contribute, forward to the Accountant-
General a declaration setting forth the date of his becoming so
liable, his own name in full and the date of his birth, and if he
is married, the date of his marriage and the maiden name in

As amended by Law Rev. Ord., 1939,





full and the date of the birth of his wife, and if he has any
children, their names in full and the date of each of their births ;
he shall furnish such proof of the statements as may be required
by the directors.

(2) Every officer who marries shall, within three months of
his marriage, forward to the Accountant-General a declaration
setting forth the date of such marriage and the maiden name of
his wife and the date of her birth.
(3) Every officer shall, within three months, notify to the
Accountant-General the date of the birth of each child born to
him.

(4) Every officer whose wife dies or is divorced from him,
or whose child dies or whose female child is married, and the
guardian of every child who dies or of every female child who
is married, shall, within three months thereof, notify to the
Accountant-General the date of such death, divorce or marriage.

14-(1) Every officer who, in the judgment of the
directors-.

(a) fails, omits or refuses to perform any duty cast upon
him or to do any act required of him. by this Ordinance, may
be adjudged by the direxcors to pay for each such default, ornis-
sion or refusal a fine not exceeding twenty-five dollars; or
(b) furnishes any false information or makes any false
declaration, shall forfeit at the discretion of the directors, subject
to the consent of the Governor, all or any part of his rights under
this Ordinance.

(2) The Accountant-General shall, on the judgment of the
directors being notified to him, deduct the amount of such fine
from the first moneys payable to the officer as salary or other-
wise, and shall pay such amount into the general revenue.

15.-(1) No widow of an officer, whose marriage was con-
tracted after he had ceased to contribute, and no child of such
marriage shall be entitled to a pension.
(2) No widow of an officer who dies within one year from
the date of his marriage shall be entitled to a pension unless a
child is born of such marriage: Provided that it shall be lawful
for the directors, with the consent of the Governor, to award

As amended by Law Rev. Ord., 1939,





to such last-mentioned widow all or any part of the pension to
which she would have been entitled but for the provisions of this
sub-section.

16. The allowance or pension to an orphan shall cease in
the case of a male at the age of eighteen years, and in the case
of a female on marriage or at the age of twenty-one years.

17. Every pension shall be calculated according to the Rules
and Tables contained in the Schedule to this Ordinance.

[s. 18, rep. No. 12 of 1912.]

19. Subject to the provisions of section 16, when orphans
have no living mother or stepmother entitled to a pension, the
pension to which the wife of the deceased contributor would have
been entitled if she had survived him or which his widow was
receiving at the time of her death shall be divided equally among
such orphans; and whenever one of such orphans ceases to be
eligible for pension, the whole pension shall be re-divided equally
among the others.

20. If the widow of an officer marries again she shall cease
to receive a pension from the date of remarriage ; and the children
of such widow And officer shall thereupon be entitled to pension
as if both their parents were dead.

21. A wife whose marriage has been dissolved by a divorce
which would be recognized as valid by a British court of justice
shall, for the purposes of this Ordinance, be considered as dead ;
but where an officer has been separated from his wife, either
judicially or by mutual consent, or otherwise, the directors
may, having regard to the grounds of the separation and the
subsequent conduct of both parties, grant a pension either to the
widow or to the orphans, if any, as they shall think the more
desirable.

22.-(1) When an officer dies leaving a widow and child-
ren, the issue, of a previous marriage existing when he became
a contributor or contracted after he became a contributor, such
children shall be entitled each to a share or portion of one-half
of the pension to which their mother, if she had survived their
father, would have been entitled, such share or portion being
calculated in accordance with the provisions of section 19.

As amended by No. 13 of 1928 [3.8.28] and Law Rev. Ord., 1939.
As amended by Law Rev. Ord., 1939.





(2) The widow of such officer shall be entitled to one-half
of the pension to which she would have been entitled if there
had been no such children; and when such children cease to be
entitled to pension, then she shall be entitled to the whole of the
pension which she would have received if there had been no such
children.
(3) If the widow dies leaving no issue of her marriage with
the officer, the children of the first marriage shall be entitled
to such pensions as if the officer had not contracted such
subsequent marriage.
(4) If the widow dies leaving children, the issue of her
marriage with the officer, such children shall be entitled each
to a share or portion of the pension to which their mother was
entitled, such share or portion being calculated in accordance
with the provisions of section 19.

23. The children of a widower who is or becomes a con-
tributor shall be entitled on his death to the pension to which
they would have been entitled if their mother had been living
at the time of his becoming liable to contribute.

24. The pension payable to any person entitled thereto shall
begin upon the death of the officer or of his widow, as the case
may be, and shall accrue daily and shall be paid monthly. But
before any such payment it shall be lawful for the directors to
require proof that any widow or child is alive and entitled to
the pension claimed by such widow or child.

25.-(1) In any case in which a minor is entitled to payment
of a pension or portion of a pension, it shall be lawful for the
directors to appoint a fit and proper person to whom such pension
shall be paid on behalf of such minor.
(2) Such appointment shall be in writing under the hand
of at least three of the directors, and the receipt of such person
shall be a legal discharge for the payment of such pension or
portion thereof.

26. If the widow of any officer ceases to assist, deserts or
abandons a child who would be entitled on her death to draw
pension, and who may be in a state of poverty or destitution,
the directors may, in their discretion, pay to a fit and proper
person on behalf of such child such proportion of the pension

As amended by Law Rev. Ord., 1939.





as they may think fit in each case, and the widow shall have no
further claim on the directors in respect thereof.
27.-(1) No pension payable under this Ordinance shall be
assigned or transferred, and every assignment or transfer thereof
shall be absolutely null and void and of no effect.
(2) No such pension shall be attached, or levied upon, or
arrested, or taken in execution onaccount of any debt or payment
due by the person to whom such pension is payable.

28. If any question arises as to whether any person is an
officer within the meaning of this Ordinance, or as to whether
any person is entitled to any pension as the widow or child of
an officer, or as to the amount of pension to which any widow
or child is entitled, or as to the meaning or construction to be
assigned to any section of this Ordinance, or to any rule or
regulation made under the provisions thereof, it shall be lawful
for the directors, and they are hereby required, on the application
of any such officer, widow or child, to submit such question for
decision to the Governor; and the decision of the Governor
thereon, kith the advice of the Executive Council, shall be final.

29. No person contributing at the commencement of this
Ordinance shall be required to pay any higher contribution than
such as would entitle his widow or children to a pension of,
in the case of a dollar contributor, fifteen hundred dollars, in
the case of a sterling contributor, two hundred and twenty-five
pounds sterling per annum: Provided that every such person
may if he wishes contribute the full four per cent. of his salary
or pension referred to in sections 7 and 9.

30. The directors may make regulations subject to the
approval of the Governor in Council, for the proper carrying
out of this Ordinance.

31. This Ordinance shall not apply to any officer who is
an Auditor or Assistant Auditor, appointed on the recommenda-
tion of the Directorof Colonial Audit in London, unless within
six months after the date of his arrival in the Colony he has
stated in writing to the Accountant-General that he desires
this Ordinance to apply to him, in which event it shall apply
accordingly from the date of the receipt of the statement by the
Accountant-General.

As amended by No. 2 of 1931 [6.2.31]
As amended by Law Rev. Ord., 1939.





SCHEDULE. [ss. 11, 12 and 17.]

RULES

for calculating
pensions to widows and orphan children of officers.

SYNOPSIS OF RULES.

A.-OFFICER WHO COMMENCED TO CONTRIBUTE WHILE A BACIIELOR
OR WHILE A WIDOWER WITHOUT ANY CHILD OF
PENSIONABLE AGE

I-FIRST WIFE'S PROSPECTIVE PENSION.

(A) Pension in consideration of the contributions paid before
mwriage.
(B) Pension in consideration of the annual contribution
current at the date of marriage.

(c) Variations of pension consequent on increments to, and
decrements from, the current annual contribution while
the contributor is married to his first wife.

11.-SECOND, AND SUBSEQUENT, WIFE'S PROSPECTIVE PENSION.

(A) Variations of pension consequent on increments to; and
decrements from, the current annual contribution while
the contributor is a widower.

(B) Variations of pension consequent on the remarriage of the
contributor.

(c) Variations of pension consequent on increments to, and
decrements from, the current annual contribution while
the contributor is married to Ibis second, or subsequent,
wife.

B.-OFFICER WHO COMMENCED TO CONTRIBUTE WHILE MARRIED.

III-FIRST WIFE'S PROSPECTIVE PENSION.

(A) Pension in consideration of the annual contribution cur-
rent at the date of commencement of the contribution.

(B) Variations of pension consequent on increments to, and
decrements from, the current annual contribution while
the contributor is married to his first wife.

As amended by No. 13 of 1928 [3.8.28].





IV.-SECOND, AND SUBSEQUENT, WIFE'S PROSPECTIVE PENSION.

(A) Variations Of Pension consequent on increments to, and
decrements from, the current annual contribution while
the contributor is a widower.
(B) Variations of pension consequent on the remarriage of the
contributor.
(c) Variations of pension consequent on increments to, and
decrements front, the current annual contribution while
the contributor is married to his second, or subsequent,
wife.

C.-OFFICER WHO COMMENCED -TO CONTRIBUTE WHILE A WIDOWER
WITH A CHILD OR CHILDREN OF PENSIONABLE AGE.
V.-SECOND, AND SUBSEQUENT, WIFE'S PROSPECTIVE PENSION.

D.-PENSIONS TO ORPHAN CHILDREN.

E- OFFICER TRANSFERRED TO THE SERVICE OF ANOTHER COLONY.

F.-CALCULATION OF QUANTITIES (OR TABULAR RESULTS) FOR
AGES NOT GIVEN IN THE TABLES.

A TO C.-CALCULATION OF REGISTERED PENSIONS.

The calculation of the amount of the pension that will or may
become payable at the death of a contributor should not be delayed
until such death has actually occurred: but a register should be kept
in which full particulars respecting each contributor should be entered,
and in this register should be recorded against every married or
widowed contributor the amount of the pension which would become
payable should he die immediately, leaving a widow or orphans
entitled to such pension. The amount of the pension per annum so
entered in the register against a contributor, or in other words his
'registered pension' , should be calculated (and recalculated as often
as may be necessary) in accordance with the following rules:

A.-OFFICER WHO COMMENCED TO CONTRIBUTE WHILE A BACHELOR
OR WHILE A WIDOWER WITHOUT ANY CHILD OF
PENSIONABLE AGE.
Note.-1. In this section (A)-
(a) ---First wife ' in the case of an officer who com-
menced to contribute while a widower without any child of
pensionable age means the first wife married by such officer
after his commencing to contribute;
(b) 'Marriage' in the case of an officer who commenced
to contribute while a widower without any child of pension-
able age means the first marriage of such officer after his
commencing to contribute.





2. No registered pension is to be recorded unless. and until the contributor
marries.

1.FIRST WIFE'S PROSPEGTIVE PENSION.

Note.---The registered pension to be recorded ou marriage is found by adding
together the two amounts calculated in accordance with the following Rules I (a) and
I (b), respectively.

(A) Pension in consideration of the contributions paid before
marriage age.

RULE I (a)- Accumulate the contributions at 8 per cent compound
interest, with yearly rests at each 31st December, and multiply the result
by the quantity found from Table A corresponding to the respective ages
next birthday of the husband and wife at the date of marriage.

The product gives the registered pension on account of the
contributions paid before marriage.

(B) Pension in consideration of the annual contribution current at
the date of marriage.

Note-The amount of the current annual contribution is obtained by multiplying
by 12 the amount of the last monthly contribution.

RULE 1 (b) --- Turn to the section of Table B which con-
tains in the heading the age of the husband at the date of
completion of his period of contribution; and multiply the amount of the
current annual contribution by the quantity found from that section
corresponding to the respective ages next birthday of the husband and
wife at the date of marriage.

The product gives the registered pension on account of the annual
contribution current at the date of marriage.

Example

of the application of Rules 1 (a) and I (b).

Officer born on ......................31st July, 1878.
Officer commenced to contribute on ...1st April, 1904.
Officer married on ...................30th June, 1908.

Annual contribution, 1st April, 1904, to 31st December, 1906 .
$20.
Annual contribution, 1st January, 1907, to
date of marriage
$30.

Date of completion of contribution period ... 1st April, 1939.

Wife born on ....... 31st August, 1888.

Officer's age next birthday at date of marriage 30.

Officer's age next birthday at completion of

contribution period ......61.

Wife's age next birthday at date of marriage 20.





Application of Rule I (a).

Accumulation of contributions paid before marriage-

$ C.
Contributions from 1st April to 31st December,
1904 . .............................. 15.00
Contributions during 1905 ......20.00
One year's interest at 8 per cent. on $15 11.20

36.20
Contributions during 1906 ...
............. 20.00
One year's interest at 8 per cent. on $36.20 2.90

................................59.10
Contributions during 1907 ......30.00
One year's interest at 8 per cent. on $59.10 4.73

................................93.83
Contributions froni 1st January to 30th June,
1908 . .........................15.00
Half-year's interest at 8 per cent. on $93.83 3.75

Total accumulation ....; $ 112.58

Quantity found from Table A-
Husband* ........30} 554
Wife* ...........20

$112.58 x .554 = $62.37 =registered pension in consideration of
contributions paid before marriage.

Application of Rule 1 (b).

Annual contribution current at the date of marriage $30.

Quantity found from Table B, section for officers aged 61 next
birthday at completion of period of contribution-

Husband* ........30 5.77
Wife*......................................... 20

$30 X 5.77 = $173.10 =registered pension in consideration of
annual contribution current at marriage.

Note.-Where the ages are not given in the Tables, proceed as
illustrated in the general examples given in section F.





Total registered pension to be recorded on the contributor
marrying-

by Rule I (a) .... .......62.37
by Rule I (b) ............173.10
Total ..................$ 235.47

(c) Variations of pension consequent on increments to, and
decrements from, the current annual contribution while
the contributor is married to his first wife.

Note.-The cessation of the contribution from any cause before
the completion of the full period of contribution must be regarded as
a decrement from the current annual contribution equal to the amount
of such current annual contribution.
RULE I (c)-Turn to the section of Table B which con-
tains in the heading the age of the husband at the date of
completion of his period of contribution; and multiply the
amount of the increment to, or the decrement from, the
current annual contribution by the quantity found from that
section corresponding Ao the respective ages next birthday
of the husband and wife at the date of the variation of the
contribution.
The product gives the amount to be added to the regis-
tered pension consequent on the increment to the current
annual contribution, or as the case may be, the amount to
be deducted from the registered pension consequent on the
decrement from the current annual contribution.

Example
of the application of Rule I (c).
Assume particulars as in the example subjoined to Rules I (a)
and I (b).
Annual. contribution increased on 31st May,
1913, from $30 to .............50.
Annual contribution decreashd on 30th April,
1918, from................$50 to .................................. 40.
Annual contribution ceased on 31st March, 1923.
31st May, 1613, increment to current annual
contribution ............... 20.

Quantity found from Table B, section for officers aged 61 next
birthday at completion of period of contribution-
Husband .... ..35} 4.74
Wife........................................... 25





$20 x 4.74 = $94.80= amount to be added to the registered
pension. $

Registered pension at marriage, see example
subjoined to Rules I (a) and I (b) 235.47
Add ............; ............94.80

Registered pension at 31st May,1913 . ........... $ 330.27

30th April, 1918, decrement from current
annual contribution ..... $ 10.

Quantity found from Table B, section for officers aged 61 next
birthday at completion of period of contribution-

Husband ........40 ....3.83
Wife.......................... .......... 30

$10x383 = $38.30= amount to be deducted from the registered
pension.
$
Registered pension at 3Ut May, 1913, as above. 330.27

Deduct .......................38.30
Registered pension at 30th April, 1918 . $ 291.97
31st March, 1923, cessation of contribution
regarded as a decrement from current
annual contribution ..........$ 40.

Quantity found from Table B, section for officers aged 61 next
birthday at completion of period of contribution-
Husband .........45 2.99
Wife ............35

$40x2.99 =$119.60= amount to be deducted from the registered
pension. $

Registered pension at 30th April, 1918, as above. 291.97
Deduct ............ .......119.60

Registered pension at 31st March, 1923 $ 172.37

II.-SECOND, AND SUBSEQUENT, WIFE'S PROSPECTIVE PENSION.
(A) Variations of pension consequent on increments to, and
diecrelnents from, the curTent annual contribution while
the contributor is a widower.







RULE II (a)-Assume that the contributor is married to
a wife of the age that his last preceding wife would have
been had she survived to the date of the variation of the
contribution, and pr6ceed in accordance with Rule I. (c).

Example
of the application, of Rule II (a).

If the particulars be as in the example subjoined to Rule 1 (c),
except thot the first wife, who was born on 31st August,
1888, died on 30th November, 1908, it would be assumed
that the contributor was at the date of each of the three
variations of the contribution married to a wife who was born
on 31st August, 1888. The calculations will then be identical
with those given in the example subjoined to Rule 1 (c).

(B) Variations of pension consequent on the remarriage of the
contributor.

Note------No variation of the registered pension is to be recorded
if the second, or subsequent, wife was at the date of the remarriage
of the same age next birthday as the last preceding wife would have
been had she survived to that date.

RULE II (b)-If the second, or subsequent, wife was at
the date of the remarriage of a less or greater age next
birthday than the last preceding wife would have been had
she survived to that date, multiply the amount of the
registered pension by the quantity found from Table C
corresponding tothe age next birthday of the husband at the
date of remarriage, and the age next birthday which the
last preceding wife would have attained had she survived to
that date; multiply the product so obtained by the quantity
found from Table A corresponding to the respective ages of
the husband and of the second, or subsequent, wife at the
date of the remarriage.

The result gives the registered pension to be recorded on the
remarriage of the contributor.

Example

of the application of Rule II (b)-
Assume particulars as in the example subjoined to Rules I (a)
and I (b).
First wife died on ... ....30th November, 1908.
Contributor remarried on .. 31st January, 1913.
Contributor's age next birthday at date
of remarriage................ 35.





Second wife born on ............... 30th June, 1893.
Second wife's age next birthday at date
of the remarriage........................ 20.
Age next birthday which the first wife
would have attained had she
suivived to date of the remarriage 25.

31st January, 1913.-The, second wife being of a less age,next
birthday at the date of the remarriage than the first wife would,have
been had she survived, the registered pension $235.47 [see example
subjoined to Rules I (a) and I (b)] is to be recalculated.

Quantity found from Table C-
Husband ............35 2074
Wife ..................25

Quantity found from Table A-
Husband ............. 35 .482
Wife.......................................... 20

$285.47 x 2.074 = $488.36.

$488.36 x .462= $226.62 =registered pension at 31st January,
1913.
(c). Variations of pension consequent on incfements to, and
decrements from, the current annual contribution while
the contributor is married to his second, or subsequent,
wift.

RULE II (c)-Proceed as in Rule I (c).

B.-OFFICER WHO COMMENCED TO CONTRIBUTE WHILE MARRIED.
IIL-FIRST WIFE'S PROSPECTIVE PENSION.
Note.-In every case of an officer who com menced to contribute,
while married, the wife at the date of commencement of the contribu-
tion is to be considered as the officer's first wife,. and no particulars
are to be recorded respecting any former wife to whom he may have
been married, unless there is issue of such former wife of a pension-
able age (see D-PENSIONS TO ORPHAN CHILDREN).
(A).Pension in consideration of the annual contribution current
at the date of commencement of the contribution.
RULE III (a)-Turn to the section of Table B which
contains in the heading the age of the husband at the date
of completion of his period of contribution; and multiply the
amount of the current annual contribution by the quantity
found from that section corresponding to the respective ages
next birthday of the husband and wife at the date ot com-
mencement of the contribution.
The product gives the registered pension on account of the annual
contribution current at the date of commencement of the contribution.





Example

of the application o f Rule III (a).
Officer born on 31st August 1870.
Officer married on ........30th June, 1899,
Officer commenced to contribute on 31st July, 1910.
Annual contribution current on 31st July,
1910 . ....................$100.
Date of completion of contribution period 31st August, 1935.
Wife born on ..............31st October, 1880.
Officer's age next birthday on .31st July,
1910 . ......... ......40.
Officer's age at completion of contribution
period ....................65.
Wife's age next birthday on 31st July, 1910, 30.
31st July, 1910, current annual
contribution ............$100.

Quantity found from Table B, section for officers aged 65 next
birthday at completion of period of contribution-
Husband ........40 3.99
Wife ...........................30
$100 x 3.99= $399.00 =registered pension in consideration of
annual contribution current at commencement of contribution.

decrements from, the current annual contribution while
the contributor is married to his first wife.
RULE III (b)-Proceed as in Rule I (c).

IV-SECOND, AND SUBSEQUENT, WIFE'S PROSPECTIVF PENSION.
(A) Variations of pension consequent on increments to, and
decrements from, the current annual contribution while
the contributor is a widower.

RULE IV (a)-Proceed as in Rule II (a).
(B) Variations of pension consequent on the remarriage of the
contributor.

RULE IV (b)-Proceed as in Rule II (b).
(c) Variations of pension consequent on increments to, and
decrements from, the current annuai contribution while
the contributor is married to his second, or subsequent,
wife.

RULE IV (c)-Proceed as in Rule I (c).





C.-OFFICER WHO COMMENCED TO CONTRIBUTE WHILE A WIDOWER
WITH A CHILD OR CHILDREN OF PENSIONABLE AOB.

V.-SECOND, AND SUBSEQUENT, WIFE'S PROSPECTIVE PENSION.
RULE V-For the purpose of calculating the registered
pension assume that the deceased wife survived to the date
of commencement of the contribution and died immediately
afterwards; then proceed in accordance with the rules
applicable to the case of officers who commenced to con-
tribute while married (see B).

D-PENSIONS TO ORPHAN CHILDREN.
Regulated by sections 19, 20, 22, 28 and 26 of the Ordinance.

E-OFFICER TRANSFERRED TO TTIE SERVICE OF ANOTHER COLONY.

Throughout these rules and examples the calculations depend,
not on the official income of the contributor, but on the amount of
his contribution so that the transfer of an officer to another service
does not affect his registered pension unless the amount of his current
annual contribution is varied, in which case the proper Adjustment is
to be made in accordance with the preceding rules.

F-CALCULATION OF QUANTITIES (OR TABULAR RESULTS)
FOR AGES NOT GIVEN IN THE TABLES.

TABLE A-The quantities are given for every age of the husband
from 15 to 64; and for every fifth age of the wife from 15 to 65. Ages
of husbands and wives below or beyond are to be treated as the
youngest, and oldest ages given respectively.
For the intermediate ages of wives, interpolate by the first
differences, as follows-
To find the quantity corresponding to the ages of a husband and
wife aged respectively 85 and 27 next birthday-
The quantity for ages 35 And 25, given in the Table is .482.
The quantity for ages 35 and 30 given in the Table is .507.
So that the addition of five years to the age of the wife results
in an addition of .025 to the quantity given in the Table for
ages 35 and 25.
An addition of two years to the age of the wife accordingly results
by proportion in an addition of two-fifths of .025 to the
quantity oivdn in the Table for ages 85 and 25.

Two-fifths of .025=.01, which added to .482 gives .492 which is
the required quantity corresponding to ages 35 land 27

TABLE B.-This Table is divided into eleven sections, respec-
tively applicable to officers who will be aged next birthday 55, 56,





57 . . . up to 65, when they complete their period of contribution.
Care should in all cases be taken to turn to the section which contains
in the heading the age of the husband at the date of completion
of his period of contribution.
In each section the quantities are given for 35 consecutive ages
of the husband, terminating at the age preceding that at which the
contribution ceases, and for every fifth age of the wife from 15 to 65.
Ages of the wife below or beyond are to be treated as the youngest
and oldest ages given, respectively. For the intermediate ages of
wives interpolate by first differences as explained above. Thus, the
quantity found from the first section of the Table (age 55) correspond-
ing to the ages of a husband and wife aged respectively 45 and 38.
next birthday is three-fifths of 18, added to 2.39, which gives 2.50.
For officers who commence to contribute at an eaxlier age than
20 next birthday the method of calculation given in the subjoined
examples is to be followed---

EXAMPLE (1)-An officer aged 17 next birthday, having a
wife aged 15 next birthday, commences to contribute. Assume
that the officer is aged 20 next birthday, so that the quantity
found from Table B will be 8.30.

This officer receives an increment of salary at age 22 next
birthday, when his wife's age is 20. Assume that his age is 25 next
birthday i.e. his actual age 22, plus the difrerence between his
actual age at entry and 20, which is three years. The quantity found
from Table B will be 7.00.

EXAMPLE (2)-An officer aged 19 next birthday commences to
contribute as a bachelor and five years later, when aged 24 next
birthday--- marries, his wife's age being 20 next birthday. The
quantity found from Table A in accordance with Rule I (a) will
be taken for the actual ages (husband 24 and wife 20) and will
be 683. With respect to the current annual contribution at
marriage, assume that the officer's age is 25 (his actual age plus
one) so that the quantity from Table B will be 7.00.

This officer receives an ineriefflent of salary when aged 39, when
his wife's age is 35. Assume as before that the ages are 40 and 35
respectively, so that the quantity found from Table B will be 3.61:

Note.-It will be observed that this method takes account of the
actual number of years for which the annual contfibution will run.
In example (1), when the officer receives the increment of salary at
age 22 he has contributed for five years, so that at the expiration of
80 yearshis contributions will cease. Similarly, in example (2), when
the officer marries at age 24, he also has contributed for five years,
so that although he is two years older than the officer in example (1),
yet the unexpired period of contribution is the same in each case,
and the wife's age is in each instance 20, so that no important error
is involved in using the same tabular quantity for the two cases.





TABLE C-The quantities are given for the same ages as in Table
A. Ages of husbands and wives below and beyond are to be treated,
as in using that Table.

For the intermediate ages of wives interpolate by first diflerences
as explained above, except that it must be noted that in this Table
an addition to the age of the wife results in a deduction from the
quantity given in the Table.

To find the quantity corresponding to the ages, of a husband and
wife aged respectively 35 and 27 next birthday-

The quantity for ages 35 and 25 given in the Table is ... 2.074

The quantity for ages 35 and 30 given in the Table is ... 1.974

So that the addition of five years to the age of the wife results
in a deduction of 100 from the quantity given in the Table for ages
35 and 25.

An addition of two years to the ago of the wife accordingly results
by proportion in a deduction of two fifths of 100 from the quantity
given in the Table for ages 35 and 27.

Two-fifths of .100=.04, which deducted from 2.074 leaves 2.084,
which is the required quantity corresponding to ages 85 and 27.





TABLE A.

The Yearly Pension, payable by monthly instalments, which a SINGLE CONTRIBUTION of 1 will secure.









WIDOWS' AND ORPHANS' PENSION.




TABLE B.

This section of Table B is applicable only to the case of officers who will be
aged 55 next birthday, when they complete their period of contribution.

The Yearly Pension, payable by montyly instalments, which a YEARLY CONTRIBUTION
of 1, payable also by monthly instalments, will secure. The yearly contribution
is to cease on the termination of 35 years from the date of the officer's
first contribution.






WINDOWS' AND ORPHANS' PENSION.




TABLE B,--contd.

This section of Table B is applicable only to the case of officers who will be aged 56 next birthday, when
they complete their period of contribution.
The Yearly Pension, payable by monthly instalments, which a YEARIX CONTRIBUTION of 1,
payable also by monthly instalments, will secure. The yearly contribution is to cease on the
termination of 35 years from the date of the officer's first contribution.








WIDOWS' AND ORPHANS' PENSION.




TABLE B,-contd.

This section of Table B is applicable only to the case of officers who will be aged 57 next birthday, when
they complete their period of contribution.
The Yearly Pension, payable by monthly instalments, which a YEARLY CONTRIBUTION of 1,
payable Also by monthly instalments, will secure. The yearly contribution is to cease on the
termination of 35 years from the date of the officer's first contribution.







WIDOWS' AND ORPHANS' PENSION.




TABLE B-contd.

This section of Table B is applicable only to the case of officers who will be aged 58 next birthday, when
they complete their period of contribution.
The Yearly Pension, payable by monthly instalments, which a YEARLY CONTRIBUTION of 1,
payable also by monthly instalments, will secure. The yearly contribution is to cease on the
termination of 35 years from the date of the officer's first contribution.









WIDOWS' AND ORPHANS' PENSION.




TABLE B,-contd.

This section of Table B is applicable only to the case of officers who will be aged 59, next birthday, when
they complete their period of contribution.
The Yearly Pension, payable by monthly instalments, which a YEARLY CONTRIBUTION-of 1,
payable also by monthly instalments, will secure. The yearly contribution is to cease on the
termination of 35 years from the date of the officer's first contribution.








WINDOWS' AND ORPHANS' PENSION.




TABLE B,-contd.

This section of Table B is applicable only to the case of officers who will be aged 60 next birthday, when
they complete their period of contribution.
The Yearly Pension, payable by monthly instalments, which a YEARLY CONTRIBUTION of 1,
payable also by monthly instalments, will secure. The yearly contribution is to cease on the
termination of 35 years from the date of the officer's first contribution.~








WINDOWS' AND ORPHANS' PENSION.




TABLE B,-contd.

This section of Table B is applicable only to the case of officers who will be aged 61 next birthday, when
they complete their period of contribution.
The Yearly Pension, payable by monthly instalments, which a YEARLY CONTRIBUTION of 1,
payable also by monthly instalments, will secure. The yearly contribution. is to cease on the
termination of 35 years from the date of the officer's first contribution.







WINDOWS' AND ORPHANS' PENSION.




TABLE B.-contd.

This section of Table B is applicable only to the case of officers who will be aged 62 next birthday, when
they complete their period of contribution.
The Yearly Pension, payable by monthly instalments, which a YEARLY CONTRIBUTION of 1,
payable also by monthly instalments, will secure. The yearly contribution is to cease on the
termination of 35 years from the date of the officer's first contribution.,







WINDOWS' AND ORPHANS' PENSION.




TABLE B,-contd.

This section of Table B is applicable only to the Case of officers who will be aged 63 next birthday, when
they complete their period of contribution.
The Yearly Pension, payable by monthly instalments, which a YEARLY CONTRIBUTION of 1,
payable also by, monthly instalments, will secure. The yearly contribution is to cease on the
termination of 35 years from the date of the officer's first contribution.








WINDOWS' AND ORPHANS' PENSION.




TABLE B,-contd.

This section of Table B is applicable only to the case of officers who will be aged 64 next birthday, when
they complete their period of contribution.

The Yearly Pension, payable by monthly instalments, which a YEARLY CONTRIBUTION of 1,
payable also by monthly instalments, will secure. The yearly contribution is to cease on the
termination of 35 years from the date of the officer's first contribution.






WINDOWS' AND ORPHANS' PENSION.




TABLE B,-contd.

This section of Table B is applicable only to the case of officers who will be aged 65 next birthday, when
they complete their period of contribution.

The Yearly Pension, payable by monthly instalments, which a YEARLY CONTRIBUTION of 1,
payable also by monthly instalments, will secure. The yearly contribution is to cease on the
termination Of 35 years from the date of the officer's first contribution.






WINDOWS' AND ORPHANS' PERSION





WINDOWS' AND ORPHANS' PENSION.







WINDOW'S AND ORPHANS' PENSION.




No. 16 and 17 of 1908, repealed by No. 8 of 1912,
No. 18 of 1908, repealed by No. 22 of 1919.

No. 19 of 1908, incorporated in No. 3 of 1908.
No. 20 of 1908, repealed by No. 31 of 1911.
No. 21 of 1908, repealed by No. 58 of 1911.
No. 22 of 1908, repealed by No. 34 Of 1910.

1909.

No. 1 of 1909, incorporated in No. 3 of 1890,
repealed by No. 41 of 1932.

No. 2 of 1909, repealed by Law Revision
Ordinance, 1939.

No. 3 of 1909, incorporated in No. 2 of 1889.

No. 4 of 1909, repealed by No. 20 of 1913.

No. 5 of 1909, repealed by No. 43 of 1912.

No. 6 of 1909, repealed by No. 1 of 1932.

No. 7 of 1909, incorporated in No. 5 of 1865,
*repealed by No. 32 of 1935.





No. 8 of 1909, incorporated in No. 11 of 1907.

No. 9 of 1909, incorporated in No. 10 of 1899.

No. 10 of 1909, incorporated in No. 3 of 1901.

No. 11 of 1909, incorporated in No. 1 of 1903,
repealed by No. 7 of 1935.

No. 12 of 1909, repealed by No. 8 of 1912.

No. 13 of 1909, incorporated in No. 4 of 1899,
repealed by No. 38 of 1932.

No. 14 of 1909, incorporated in No. 2 of 1883.

No. 15 of 1909, incorporated generally.

No. 16 of 1909, repealed by No. 23 of 1909.

No. 17 of 1909, incorporated in No. 4 of 1889.

No. 18 of 1909, repealed by No. 31 of 1911.
No. 19 of 1909, incorporated in No. 16 of 1901.
repealed by No. 8 of 1921.

No. 20 of 1909, repealed by. No. 58 of 1911.
[Originally No. 15 of 1908. No. 13 of 1928. No. 9 of 1929. No. 18 of 1929. No. 2 of 1931. No. 25 of 1937. Law Rev. Ord., 1939.] [6.2.31.] Short title. Interpretation. [cf. No. 21 of 1932, s. 20, and No. 37 of 1932, s. 2 (d).] Meaning of 'officer'. Contributors to other schemes. Pensions to be paid out of general revenue. Contributions to be credited to general revenue but exempt from military contribution. Ordinance No. 1 of 1901. Appointment of directors. Substitution of director. Meetings of directors. Abatements from salaries and pensions. [s. 7 contd.] Period for which abatement shall be made. Contributions of officers leaving the service. Right to continue contributions in full on reduced income. Right of officer retiring and electing to contribute on former dollar salary. Right of officer retiring or deprived of his office to continue to contribute. Schedule. Tables A, B and C. Provisions for case of officers transferred to other employment under the Crown. Schedule. Tables A, B and C. Officer to furnish particulars. Penalty for non-compliance. Exclusion from benefits. Duration of pension to orphan. Calculation of pensions. Schedule. Provision for case of motherless orphans. Provision for case of widow marrying. Provision for case of divorce or separation. Provision for case of widow and children of previous marriage. Pension to children of widower. Mode and condition of payment of pension. Appointment of person to receive payment on behalf of minors. Payment of pension to persons acting on behalf of minors in case of desertion. Pension not to be assigned or levied upon. Decision of questions under the Ordinance. Limit of compulsory contribution. Rules and regulations. Ordinance not to apply to Auditors and Assistant Auditors unless they desire it. Schedule, - contd. Schedule, - contd. Schedule, - contd. Schedule, - contd. Schedule, - contd. Schedule, - contd. Schedule, - contd. Schedule, - contd. Schedule, - contd. Schedule, - contd. Schedule, - contd. Schedule, - contd. Schedule, - contd. Schedule, - contd. Schedule, - contd. Schedule, - contd. Schedule, - contd. Schedule, - contd. Schedule, - contd. Schedule, - contd. Schedule, - contd. Schedule, - contd. Schedule, - contd. Schedule, - contd. [20.11.33.]