WAR MEMORIAL NURSING HOME TRUSTEES ORDINANCE, 1923

No. 14 of 1923.

An Ordinance to provide for the Incorporation of the
trustees of the war memorial nursing home.

[14th September, 1923.]
1. This Ordinance may be cited as the War Memorial
nursing Home Trustees Ordinance, 1923.
2. In this Ordinance, constitution means the consti-
tution of the War Aleniorial Nursing Home as approved from
time to time by the trustees for the time being of the said War
Memorial nursing Home: Provided that, so long as the
trustees of the estate of Granville Sharp deceased shall make
any contribution to the upkeep of the said War Memorial
Nursing Home out of the said estate and so long as such con-
tribution shall be accepted by the trustees of the War
Memorial Slursing Home, the said constitution shall always
provide that two of the trustees of the said War Memorial
Nursing Horne shall be the trustees of the estate of Granville
Sharp deceased.





3.-(1) The trustees of the War Memorial Nursing Home,
and their successors in, office as hereinafter defined, shall be
a body corporate, hereinafter called the corporation, and shall
have the name of The Trustees of the War Memorial Nursing
Home , and in that name shall have perpetual succession,
and shall and may sue and be sued in all courts in the Colony
and shall and may have and use a common seal.

(2) The first trustees shall be Dallas Gerald Mercer Ber-
nard, Sir Catchick Paul Chater, George Thomas Money
Edkins and Alexander Gordon Stepheil.

(3) Subsequent trustees, whether appointed in inin-iediate
succession to any of the first trustees or not, shall be ap-
pointed in accordance with the constitution, and shall for the
time being be deemed to be successors in office of the
first trustees and to be members of the corporation upon notice
of their appointment, and of the retirement of the retiring
trustees (if any) whom they shall have been appointed to
replace, being filed with the Registrar of Companies.

(4) Any such notice shall be signed by two of the contin-
uing or retiring trustees and shall be sealed with the common
seal of the corporation.

4.--(1) The corporation shall have power to acquire,
accept leases of, purchase, take, hold and enjoy any lands,
buildings, messuages or tenements of what nature or kind
soever and wheresover situated, and also to invest moneys
upon- mortgage of any lands, buildings, messuages, or tene-
ments, or upon the mortgages, debentures, stocks, funds,
shares or securities of any corporation or company, and also
to purchase, acquire and possess steam-launches, boats and
other goods and chattels of what nature and kind soever.

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

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

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

7. Nothing in this Ordinance shall affect or be deemed to
affect the rights of His Majesty the King, His Heirs or
Successors, or the rights of any body politic or corporate or
of any other person except such as are nientiopied in thIS
Ordinance and those claiming by, from or under them.
[Originally No. 14 of 1923.] Short title. Interpretation. Incorporation. Powers of corporation. Execution of documents. Internal management. Saving of rights to the Crown and of certain other rights.

[Originally No. 14 of 1923.] Short title. Interpretation. Incorporation. Powers of corporation. Execution of documents. Internal management. Saving of rights to the Crown and of certain other rights.

https://oelawhk.lib.hku.hk/items/show/1363

VACCINATION ORDINANCE, 1923

No. 12 of 1923.

An Ordinance to amend the law relating to vaccination.

[31st December, 1923.]

This Ordinance may be cited as the Vaccination
Ordinance, 1923.

2. In this Ordinance,

(a) Child means any, person under fourteen years of
age.

(b) Guardian means the father, mother, or other person
who for the tinie being has in fact the custody of any child
or of any pupil in any school.
(c) Medical Officer of Health includes Assistant Medical
Officer of Health, and Health Officer of the Port includes
Second Health Officer of the Port.

(d) Registered medical practitioner means a registered

practitioner within the meaning of the Medical Registration
Ordinance, 1884.
(e) Public vaccinator means any person appointed by
the Governor under section 3 (1) for the purpose of vaceinat-
ing persons.
Superintendent and Deputy Superintendent
mean respectively Superintendent of Vaccination and Deputy
Superintendent of Vaccination.

General.

3.-(1) The Governor may appoint any person to be
Superintendent of Vaccination and any other persons to be
Deputy Superintendents of Vaccination, and any other persons
to be public vaccinators (with such salaries as he may
determine) for the purposes of this Ordinance, and may also
appoint any place within the Colony or the waters thereof
for the purpose of public vaccination, or to be a Government
quarantine station.

(2) The Governor may also, in any time of emergency,
authorise any other persons to perform vaccinations.





(3) It shall be lawful for the Governor at any time to
cancel or revoke any appointment or atithorisation made or

given under sub-sections (1) or (2).

4. No person shall perform the operation of vaccination
upon -any other person, unless he is either-

(a) a registered medical practitioner, or

(b) a public vaccinator, or

(c) a person authorised by the Governor under section 3 (2)
to perform vaccinations in any time of emergency.

5. Every person who produces or attempts to produce in
himself or in any other person by inoculation with variolous
matter or by wilful exposure to variolous matter or to any,
matter, article or thing impregnated with variolous matter,
or wilfully, by any other means whatsoever, produces or
attempts to produce, the disease of small-pox in himself or
in any other person, shall be guilty of an offence against
this Ordinance.

6.-(1) It shall. be lawful for the Governor in Council to
make regulations in respect of the following matters:-

(a) the duties and powers of all officers appointed under
this Ordinance;

(b) the fee., if any, to be paid for vaccination by a public
vaceinator, the method of payment thereof, and the time
and place of vaccination ;

(c) the forms of certificates to be given under this Ordi-
nance; and

(d) all such other matters not hereinbefore specifically
mentioned as may conduce to the better carrying out of this
Ordinance.

(2) The regulations in the First Schedule shall be in
force until altered or amended by regulations made under
this Ordinance.

(3) The forms in the Second Schedule shall be in force
until altered or amended by regulations made under this
Ordinance.





(4) All regulations made under this Ordinance shall be
laid on the table of the Legislative Council at the first
meeting thereof held after the -publication in the Gazette
of the making of such regulations, and if a resolution is
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 regulation shall be
rescinded or amended in any manner whatsoever, the said
regulation shall, without prejudice to anything done there-
under, be deemed to be rescinded or amended, as the case
may be, as from the date of publibation in the Gazette of
the passing of such resolution.

7. The signatures required on any of the forms in the
Second Schedule and on any other forms that may be here-
after authorised by regulations made under this Ordinance,
shall be written by the hand of the person purporting to
sign, and no person shall employ or cause to be employed
any type, stamp, chop or other device to reproduce any
signature on any of the said forms.

8. The keeper of every hotel or boarding-house licensed
under the provisions of the regulations made under the
Asiatic Emigration Ordinance, 1915, and the Boarding-
house Ordinance, 1917, shall display in a conspicuous
position in such hotel or boarding-house all notices relating
to vaccination sent to him by the Secretary for Chinese
Affairs for the purpose of being so displayed.

Certificates of vaccination or of successful vaccinalton for
use within or without the colony.

9. Subject to any regulations that may be made under
this Ordinance, no person shall give a certificate of success-
ful vaccination unless he is either-

(a) a registered medical practitioner, or
(b) a public vaccinator,
and no person shall give a certificate of vaccination unless.
he is either-
(a) a registered medical practitioner, or
(b) a public vaccinator, or
(c) a person authorised by the Governor under section
3.(2) to perform vaccinations in any time of emergency.





10. No person shall give a certificate of vaccination Of
any person unless he shall have himself performed the,
operation upon such person.

11. No person shall give a certificate of successful
vaccination of any person, unless he shall have himself
performed the operation upon such person, and shall
also have satisfied himself by personal inspection that the
operation was successful.

12.-(1) Any certificate of vaccination given for an
emigrant shall be in Forin No. 1 in the Second Schedule.

(2) Any certificate of vaccination given other than for
a child or an emigrant shall be in Form No. 2 in the
Second Schedule.

(3) Any certificate of successful vaccination aiven other
than for a child shall be in Form No. 3 in the Second
Schedule.

13. The provisions of sections 9, 10, 11 and 12 shall
apply to all certificates of vaccination, or of successful
vaccination, given. for use either within or without the
Colony.

vaccination of children

14.-(1) Subject to the provisions of sub-sections (2) to
(10), every child. born or resident within the Colony shall be
snecessfully vaccinated.

(2) The guardian of every child born within the Colony
shall cause such child to be successfully vaccinated witbin
six months of its birth.

(3) The guardian of every child brought within the Colony
shall cause such child to be successfully vaccinated within
one month of its being so brought for the first time.

(4) Every guardian who obtains the custody of an
unvaccinated child after the expiration of the said respective
periods of six months or one month, referred to in sub-
sections (2) and (3), shall cause such child to be successfully
vaccinated forthwith.





(5) The guardian of any child who is to be vaccinated
shall. take the child or cause the. child to be taken to a
registdred medical practitioner or to a public vaccinator for
vaccination, and shall further take the child or cause the
child to be taken for inspection after the operation at any
time or times directed, and to the place or places appointed,
by the registered -medical. practitioner or public vaccinator
who has performed the operation.
(6) Such registered medical practitiouer or public vaccl-
nator shall, on personal inspection of the successful vaccination
of the child, give to the guardian of the child a certificate.
to that effect which may be in Form No. 4 in the Second.
Schedule.
(7) (a) lf the Snperintendent or a Deputy Superintendent
or any registered medical practitioner is of opinion that any
child is not a fit and proper subject to be successfully
vaccinated, he may give to the guardian of the child a certif-
icate in Form No. 5 in the Second Schedule and such
certificate shall remain in force for a period not exceeding
two months froin the date thereof.
(b) If the child is not successfully vaccinated before the
termination of such perjod of two months, the said certificate,
on the application of the guardian, may be renewed by the
Superintendent or by a Deputy Superintendent or by a
registered medical practitioner during each succeed

period of two months until the, child has been successfully
vaccinated; and every renewal shall be indorsed on the
certificate and dated as of the date of such renewal, and shall
be signed by the Superintendent or by the Deputy Superin-
tendent or the registered medical practitioner granting the
renewal.
(c) The production of any unexpired certificate of unfitness
for successful vaccination shall be a stifficient defence against
any complaint which may be brought against the guardian
for non-compliance with the provisions of this Ordinance in
respect of the vaccination of the child.
(d) If the Superintendent or a Deputy Superintendent or
a registered medical practitioner. finds that a child who has
been three times unsuccessfully vaccinated is insusceptible
of successful vaccination, or that a child brought for vaccina-
tion has already had small-pox, he shall give to the guardian
of the child a certificate in Form No. 6 in the Second





Schedule and the guardian shall thenceforth not bc required
to cause the child to be vaccinated.

(9) No guardian shall be liable to any penalty- for not
causing a child to be vaccinated at any`time between the
1st day of May and the 30th day of September in any year,
but this provision shall not have the effect of preventing the
time from running against a guardian for the purpose of com-
putMe, the periods of six months or one month referred to
in sub-sections (2) and (3) respectively: Provided that in any
case where either of the said periods expires at any time.
between the 1st day of May and the 30th day of September All
any year, the guardian of the child shall cause such child to
be successfully vaccinated before the 1st day of November in
that year.

(10) Failure to comply with the provisions of this section
shall be deemed to be a continuing offence.

15. In any prosecution under this Ordinance--

(a) if any person appears to the magistrate to have had
the eustod of a child, it shall, until the contrary is proved,
be presumed that such person had the custody of such child;

(b) if any child has been found within the Colony, it shall,
until the contrary is proved, be presumed that a period of
one month has elapsed since such child Was brought within
the Colony for the first time;

(c) if it appears to the magistrate that any person who is
alleged in the charge to. have been a child at the date of the
alleged offence was a child at such date, it shall, until the
contrary is proved, -be presumed that such person was a
child at such date;

(d) if it appears to the magistrate that any child was over
the age of six months at the date of the alleged offence,
it shall, until the contrary is proved, be presumed that such
child was over the age of six months at such date;

(e) if any person alleges any previous successful vaccina-
tion, the onus of proving such allegation shall he on such
person.





Vaccination of persons subjected to the risk of infection
and of persons desiring to land in the Colony.

16.-(1) If the Medical Officer of Health, or any public
vaccinator deputed for the purposes of this section by the
Medical Officer of Health, considers that it is desirable that
aRy person, who in his opinion. has been subjected to the
risk of infection from small-pox, should be vaccinated or
re-vaccinated, he may direct such person to be vaccinated or
re-vaccinated forthwith, and shall, if required by such person,
either by himself or by some other qualified person perform
such vaccination or re-vaccination free of charge.

(2) If such person refuses to be vaccinated or re-vaccinated
forthwith, the Medical Officer of Health may, by warrant in
Form No. 7 in the Second Schedule order that such person
be detained in a Government quarantine station for any
period not exceeding ten days, and may cause such person to
be removed thereto, and any such person may be detained
by any public vaccinator or by any public officer for such
time as may reasonably be necessary for the purpose of
obtaining and executing the warrant of the Medical Officer
of Health under this sub-section.

17.-(1) Whenever the Health Officer of the Port notifies
the owners, charterers, agents or master of any ship that he
requires the vaccination or re-vaccination of any persons who
have arrived in the Colony on board such ship and who desire
to land in the Colony, such ship shall anchor at a quarantine
anchorage and, except with the permission of the health
Officer of the Port,, no such person shall land in the Colony
until he has been vaccinated or re-vaccinated, as the case
may be.

(2) If any such person refuses to bc vaccinated or re-
vaccinated, the health Officer of the Port may, by warrant in
form no. 8 in the Second Schedule, order that such person be
detained in a Government quarantine station for any period
not exceeding ten days, and may cause such person to be
removed thereto.

(3) The master shall detain on the ship any such person
who is not permitted to land in the Colony and may use any
means reasonably necessary for that purpose.





(4) If such person lands in the Colony without the
permission of the Health Officer of the Port, the Health Officer
of the Port or a magistrate may, by warrant in Form
No. in the Second Schedule, order that such person be
detained in a Government quarantine station for any period
not exceeding ten days, and may cause such person to be
removed thereto, or the Health Officer of the Port may make
all order that such person be returned to his port of embarka-
tion by or at the expense'of the agents of the ship by which
he was brought to the Colony, and the health Officer of the
port or a magistrate may, by warrant in Form No. 8 in the
second Schedule, order that such person be detained in a
Government quarantine station pending his re-embarkation,
and may cause such person to be removed to such station.

18. Where a warrant has been issued for the detention
of any person in a Government quarantine station under the
provisions of section 16 (2) or of section 17 (2) or 17 (4),
such person shall be liable to pay all or any of the charges
incurred. by reason of his detention in such station, and in
the event of his refusal or inability to pay such charges,
shall be liable to have his effects seized, detained and sold
to defray such charges. Such person shall further, if he
escapes or attempts to escape from such station or from the
custody of any person removing him to such station, be,
gailty of an offence against this Ordinance, and may be
arrested by any person removing him to such station or by
any officer or servant of such station or by any police officer,
and be conveyed to and detained in such station.

19. Where any person who inay be required to be vacci-
nated or re-vaceinated. under the provisions of section 16 (1)
or of section 17 (1) is, in the opinion of the Medical Officer
of Health or the Healtb Officer of the Port, as the case may
be, not in a fit or proper state to be vaccinated or
re-vaecinated or has already suffered from. small-pox or
has already been successfully vaccinated or re-vaccinated
within five years immediately preceding, no further vacci-
nation or re-vaccination shall be compulsory.

Vaccination of inmates of reformatories, prisons, etc.

20.-(1) As soon as practicable after any person is
received as an inmate of any reformatory-, refuge, industrial
school, charitable institution, lunatic asylum or prison, the
master or other person in charge of such establishment, or





the keeper or gaoler of such prison, shall, at the expense
of such establishment or prison, cause such inmate to be

successfulty vaccinated by a registered medical practitioner
or by a public vaccinator.

(2) Vaccination under this section shall not be compolsory
in any of the following cases:-
(a) in the ease of an inniate who produces satisfactory
evidence that he has been successfully vaccinated within the
five years immediately preceding or that he is not susceptible
of successful vaccination; nor
(b) in the case of an inmate, who, in the opinion of a
registered medical practitioner, cannot be submitted to the
operation without danger to the inmate; nor

(c) in the case of an inmate of a lunatic asylum, where
the medical officer of the institution is of opinion that for
any reason the operation would be inexpedient; nor

(d) in any case which may be excluded by regulation
from the operation of this section.

Vaccination of pupils attending schools.

21.-(1) The guardian of every unvaccinated pupil at-
tending any school in the Colony at the commencement of
this Ordinance shall cause such pupil to be successfully
vaccinated within six months of such date.

(2) The guardian of every unvaccinated pupil admitted
to any school in the Colony after the commencenient of this
Ordinance shall cattse siieli. pupil. to be successfully vaccl-
nated within six months of his admission to such school.

(3) After the expiration of the said respective periods
of six months, no papil who is liable to be vaccinated
under the provisions of this section shall be allowed by
his guardian to attend any school in the Colony until he has
been successfully vaccinated.

(4) For all the purposes of this section, the provisions
of section 14 (4), (5), (6), (7), (8) and (10) relating to vaccina-
tion, and to certificates of successful vaccination, unfitness,
and insusceptibility shall apply.
As amended by law Rev. Ord., 1924.





Registration.

22. Every certificate given under section 14 (6) shall be
produced within seven days after the date thereof by the
guardian of the child to the Head of the Sanitary Depart-
ment, who shall-

(1) if the child's name is entered in the Register of

Births, enter the word Vaccinated opposite the name of
the child in the Register, or

(2) if the child's name is not so entered, enter the child's
name and the fact that the child has been successfully
vaccinated in some other book to be kept for the purpose :

Provided that in any ease svhere a child has been vaccinated
in accordance with the provisions of this. Ordinance, and
the person who has performed the operation is prevented
by reason of death, absence from the Colony, or any
other cause that may appear sufficient to the Head of
the Sanitary Department, from giving a certificate of sue-
cessful vaccination to the guardian of the child, it shall be
lawful for the Head of the Sanitary Department,.if he is
satisfied, -upon such evidence as he shall think fit, that the
operation was successful, to register the successful vaccina-
tion of the child in the manner provided by this section,
notwithstanding the fact that a certificate of successful
vaccination has not been produced to him by the guardian
of the child.

23. Every certificate given or renewed under section
14 (7) shall be produced within seven days after the date of
giving and of every renewal thereof, as the case may be, by
the guardian of the child to the Head of the Sanitary Depart-
ment, who shall enter the particulars of the same in a book
to be kept by him for that purpose.

24. every certificate given under section 14 (8) shall be
produced within seven days after the date thereof by the
guardian of the child to the Head of the Sanitary Depart-
ment, who shall-

(1) if the child's name is entered in the Register of Births,
enter the word Insusceptible opposite the name. of such
child in the Register, or





(2) if the child's narne is not so entered, enter the child's
name and the fact that the child has been certified insus-
ceptible of successful vaccination in some other book to be
kept for the purpose.

25.-(1) There shall be kept at each place appointed
under this Ordinance for the purpose of public vaccination
a register of all children vaccinated at such place.

(2) The register shall be called The Public Vaccinator's
Register, and the entries therein shall be made at the time
of vaccination aild inspection by the public vaccinator
according to the form and partictilars in form no. 9 in the
Second Schedule.

Penalty.

26. Every person who contravenes or falls to comply with
any of the provisions of this Ordinance or of any of the
regulations made thereunder shall apon summary conviction
be liable to a fine not exceeding two hundred and fifty
dollars, and to Imprisonment for any term not exceeding six
months.

Cancellalion of appointments.
27. The appointment of all public vaccinators who were
appointed under any powers existing immediately before the
commencement of this Ordinance are hereby cancelled as
from the commencement of this Ordinance.

[s. -28, rep. Law Revision Ordinance, 1924.]

commencement

29. This Ordinance shall come into operation on the
31st day of December, 1923.

FIRST SCHEDULE. [s. 6 (2).]

REGULATIONS.

1. The Superintendent shall, unless he is of opinion that an examination
may be dispensed with, examine or cause to be examined every candidate
for the appointment of public vaccinator and shall report the result thereof
to the Governor in writing.

As amended by Law Rer. Ord., 1924.





The Superinterident shall also, if he considers it desirable, before any
such examination cause such course of instruction in vaccination as he shall
think necessary to be given to any candidate for the appointment of public
vaccinator.

2. It shall not be lawful for any public vaccinator without the consent in
writing of the Superintendent to advertise or publish his name as being a
public vaccinator or authorised to issue certificates of vaccination or suc-
cessful vaccination.

3. Any public vaccinator may be suspended at any time from the exercise
of his duties by- the Superintendent for reasons of inefficiency or for any
other reason which in the opinion of the Superintendent may interfere with
the proper performance of his ditties its such public vaceinator. Every such
suspension with the reasons therefor shall be reported in writing to the
Governor forthwith.

4. No material other than vaccine lymph provided by the Government or
specially approved of in writing by the Superintendent, shall be used for
viccination.

5. Every local station or place appointed for public vaccination shall he
open for public vaccination during such hours as shall be appointed by the
Superintendent. A notice in English and Chinese approved of by the
Superintendent shall be posted outside every such station or place stating
the hours during which the same is open for public vaccination and that no
fee is payable for such vaccination or the granting of certificates thereof.


6. No public vaccinator shall without the consent of the Superintendent
or a Deputy Superintendent perform the operation of vaccination upon any
person except at the station or place to which he has been appointed.

7. No fee shall be payable to any public vaccinator for performing the
operation of vaccination or for granting a certificate of vaccination or of

successful vaccination except in the case of emigrants.

8. Every emigrant who in the opinion of the health Officer of the Port
is not sufficiently protected against small-pox shall be vaccinated by a
Public vaceinator at such station or place as the Health Officer of the Port
shall appoint and if required by him subject to his supervision. The public
vaccinator performing the operation shall give to such emigrant a certificate
of vaccination in Form No. 1 in the Second Schedule to C the Vaccination
Ordinance, 1923. The fee payable for eachsuch certificate shall be twenty
cents, which shall he paid to the Emigration Officer in such manner as the
Emigration Officer shall direct.





SECOND SCHEDULE. [ss. 6 (3), 7]

FORMS.

Form No. 1. [s. 12 (1).]

Hongkong.
certificate of vaccination for an emigrant.
Name . .......................sex male/
Female

Date of this certificate ....................................................
Place of issue .....................................................
Present ave of emigrant
Number of previous vaccination warks now distinctly
visible
Number of new vaccination marks made this day ....................

Left thumb signature and description of vaccinating officer
print of
emigrant. ..................................................................

................................................... ..................
Fee- : 20 cents-

form no. 2 [ss. 9, 10 and 12 (2).]

Hongkong.

Certificate of vaccination other than for a child or an emigrant.
Name .........................Sex Male
..............................Female
Date of this certificate .............................................................

Place of issue .........................

Present age of applicant ...........................................................

Number of previous vaccination marks now distinctly visible .............

Number of new vaccination marks made this day

Signature and description of vaceinating officer.

.................

N.B.-No fee is payable for this certificate. This certificate does not imply that the
vaccination operation has been successful. If the person vaccinated wishes for
a certificate of successful vaccination, he inust apply to the officer vaccinating
him at the date, time and place prescribed.





Form No. 3.[ss. 9, 11 and 12 (3).]
Hongkong.

Certificate of voccination other than for a child.
I, the undersigned, hereby certify that I have personally vaccinated
(fill in name and sex of person vacrinated) of
and that I have this day satisfied myself by personal inspection that the
operation was successful.
Dated the day of 19
(Signed.)
Saperinendent, Deptity superintendent, Registered
Medical Practitioner or Public Encrinator.
N.B.13-No fee is payable to any public vaccinator for this vaccination or the granting
of this certificate.

Form No. 4. [ss. 14 (6) and 122.]

Certificite of successful caccination of child.
I, the undersigned, hereby certify that I have personally vaccinated

(fill in name, if any, date of birth, sex and parentage of child) of
and that I have this day satisfied myself hy personal inspection that the
operation Was Successful.
Dated the daY of 19
(Signed.)

Superintendent. deputy Superintendent, Registered
Medical Practitioner or public vaccinator.

N.B.-no fee is payable for this certrificate. this certificate must, within
seven days after the date thereof, be produced by the guardian of the child
to the head of the sanitary department.

form no. 5 [ss. 14(7) and 23.]

hongkong

certificate of unfitness for successful caccination of child.

I, the undersigned, hereby certify that I am of opinion that (fill in
name, if any, date of birth, sex and parentage of child) of
is not now in a fit and proper state to be successfully
vaccinated for the following reasons, viz: and that I have
recommedned the postponement of the vaccination until the day
of (a) 19, day
dated the day of 19
(signed)

superintendent, deputy superintendent,
or registered medical practitioner.


N.B.-(1) after the expiration of the above period this certificate may be renewed by
the superintendent or by a deputy superintendent or by a medical parctitioner.
.
(2) this certificate must, within seven days after the date thereof, and within seven
days after the date of every renewal thereof, be produced by the guardian of the child to
the head of the sanitary department for registration.






FORM No. 6. [ss. 14 (8) and 24.]
hongkong
Certifleate of insusceptibility of successful vaccination of child.
1, the undersigned, hereby certify that I am of opinion that [fill in
name, if any, date of birth, sex, and parentage of child] of is
insusceptible of successful vaccination.
Dated the day of '19
(Signed.)
Superintendent, Deputy Superintendent
or Registered Medical Praclitiotter.
N.B.-This certificate must, within seven days after the date thereof, be produced by
the guardian of the child to the Read of the Sanitary Department.

FORM No. 7.
WARRANT FOR DETENTION. [s. 16 (2).]
vaccination Ordinance, 1923.

Hongkong.
To the Captain Superintendent of Police and to each and all of the police
officers and sanitary inspectors of the Colony, and to the officer in charge of
the Government quarantine station at
Whereas of has in my opinion
been subjected to the risk of infection from small-pox, and has refused to
be vaccinated (or re-vaccinated) forthwith :
These are therefore to command you to take the said
and to remove him to the Government quarantine station at
, and to detain him at the said station for a period not exceeding
ten days from the date hereof.
Dated the day of 19
(Signed.)
Medical Officer of Health.
FORM No. 8. [s. 17 (2) and 4.]
WARRANT FOR DETENTION.

Vaccination Ordinance, 1928.
Hongkong
To the Captain Superintendent of Police and to each and all of the police
officers and sanitary inspectors of the Colony, and to the officer in charge of
the Government quarantine station at
Whereas of has been required
under the provisions of section 17 (1) of the Vaccination Ordinance, 1923,
to be vaccinated (or re-vaccinated), and has refused to be so vaccinated (or
re-vaccinated), (or has landed in the Colony without the permission of the
health Officer of the Port) :

These are therefore to command you to take the said
and to remove him to the Government quarantine station at
and to detain him at the said station for a period not exceeding ten days.
from the date hereof (or pendiacr his re-embarkation)i

Dated the day of 19
(Signed.)
health Officer of the Port or Magistrate.

FoRm No. 9. [s. 25 (2).]
Public vaccinator's register.
Hongkong.
Public Vaccinator's Register atstation.
Public Vaccinator.
[Originally No. 12 of 1923. Law Rev. Ord., 1924.] Short title. Interpretation. Ordinance No. 1 of 1884. Appointment of officers and vaccination and quarantine stations. Vaccinations to be performed by certain persons only. Inoculation. Regulations. First Schedule. Second Schedule. Signatures on forms. Second Schedule. Display of notices by hotel or boarding-house keepers. Ordinances Nos. 30 of 1915 and 23 of 1917. Certificates to be given by certain persons only. Certificates of vaccination. Certificates of successful vaccination. Forms of certificates. Second Schedule. Forms Nos. 1, 2, 3. Application of ss. 9, 10, 11 and 12. Vaccination of all children. Children born within the Colony. Children brought within the Colony. Duty of guardian obtaining custody of unvaccinated child after time allowed for vaccination. [s. 14 contd.] Procedure for vaccination of children. Certificate of successful vaccination. Second Schedule. Form No. 4. Giving and effect of certificate of unfitness for successful vaccination. Second Schedule. Form No. 5. Giving and effect of certificate of insusceptibility of successful vaccination. Second Schedule. Form No. 6. Exception of period from May 1 to September 30 in any year. Continuing offence. Presumptions and onus. Custody. Length of residence. Child Age. Previous successful vaccination. Vaccination of person subjected to the risk of infection. Second Schedule. Form No. 7. Vaccination of persons desiring to land in the Colony. Second Schedule. Form No. 8. Second Schedule. Form No. 8. Detention in Government quarantine station. Exemption. Vaccination of inmates of reformatories, prisons, school, etc. Vaccination of pupils attending schools at commencement of Ordinance. Vaccination of pupils admitted to schools after commencement of Ordinance. Pupils liable to be vaccinated not to attend schools. Application of previous provisions of Ordinance. Registration of certificate of successful vaccination. Registration of certificate of unfitness for successful vaccination. Registration of certificate of insusceptibility of successful vaccination. Public Vaccinator's Register of children vaccinated. Second Schedule. Form No. 9. Penalty. Cancellation of appointment of all existing public vaccinators. Commencement. (a) Not to exceed two months from the date of the certificate.

[Originally No. 12 of 1923. Law Rev. Ord., 1924.] Short title. Interpretation. Ordinance No. 1 of 1884. Appointment of officers and vaccination and quarantine stations. Vaccinations to be performed by certain persons only. Inoculation. Regulations. First Schedule. Second Schedule. Signatures on forms. Second Schedule. Display of notices by hotel or boarding-house keepers. Ordinances Nos. 30 of 1915 and 23 of 1917. Certificates to be given by certain persons only. Certificates of vaccination. Certificates of successful vaccination. Forms of certificates. Second Schedule. Forms Nos. 1, 2, 3. Application of ss. 9, 10, 11 and 12. Vaccination of all children. Children born within the Colony. Children brought within the Colony. Duty of guardian obtaining custody of unvaccinated child after time allowed for vaccination. [s. 14 contd.] Procedure for vaccination of children. Certificate of successful vaccination. Second Schedule. Form No. 4. Giving and effect of certificate of unfitness for successful vaccination. Second Schedule. Form No. 5. Giving and effect of certificate of insusceptibility of successful vaccination. Second Schedule. Form No. 6. Exception of period from May 1 to September 30 in any year. Continuing offence. Presumptions and onus. Custody. Length of residence. Child Age. Previous successful vaccination. Vaccination of person subjected to the risk of infection. Second Schedule. Form No. 7. Vaccination of persons desiring to land in the Colony. Second Schedule. Form No. 8. Second Schedule. Form No. 8. Detention in Government quarantine station. Exemption. Vaccination of inmates of reformatories, prisons, school, etc. Vaccination of pupils attending schools at commencement of Ordinance. Vaccination of pupils admitted to schools after commencement of Ordinance. Pupils liable to be vaccinated not to attend schools. Application of previous provisions of Ordinance. Registration of certificate of successful vaccination. Registration of certificate of unfitness for successful vaccination. Registration of certificate of insusceptibility of successful vaccination. Public Vaccinator's Register of children vaccinated. Second Schedule. Form No. 9. Penalty. Cancellation of appointment of all existing public vaccinators. Commencement. (a) Not to exceed two months from the date of the certificate.

https://oelawhk.lib.hku.hk/items/show/1362

GERMAN MISSIONS TRUSTEES ORDINANCE, 1923

messuages, tenements, mortgages, debentures, stocks, funds,
shares or securities, steam-launches, boats, or other goods
and chattels, which are for the time being vested in or

belonging to the corporation upon such terms as to the
corporation may seem fit.

5. All deeds and other instruments requiring the corpo-
rate seal of the corporation shall be sealed in the presence
of two of the directors and shall be sigmed by two of the
directors.

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

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






on the work of the said missions and persons in the Colony of
Hongkong, and that the property which the said missions and
persons formerly possessed or administered or used in the Colony
of hongkong should continue to be devoted to missiouary purposes,
and that the said property should be handed over to boards of
trustees appointed by or approved by the Government of the ColonY
of Hongkong and composed as near as may be of persons holding
the faith of the said missions, and that ihe Government of the
Colony of Hongkong should coutinue to maintain full control as to
the individuals by whom the said missionary work shall be
conducted :
1. This Ordinance may be cited as the german Missions
Trustees Ordinance, 1923.

2.-(1) The Right Reverend Charles Ridley Duppuy, the

venerable Archdeacon Ernest Judd Barnett, the Reverend
john kirk Maconachle, the Reverend Thomas William Pearce,
and the Reverend Charles Clouston Porri, and their successors
in office, as hereinafter defined, shall be a body corporate, in
this Ordinance. hereinafter referred to as the corporation,
and shall have the name of The Gernian Alissions Trustees ,
and by that naine shall have perpetual succession and shall
and may sue and be sued in all courts in the Colony, and
shall and may have and use a common seal.

(2) If any of the said trustees shall die, or shall. wish to
resign his office as trustee, or shall in the opinion of the
Governor be absent froin the Colony and its vicinity, -or
shall in the opinion. of the Governor become incapable of
carrying out properly or satisfactorily the duties of trustees
under this Ordinance, it shall be lawful for the Governor, if
he shall think fit, to appoint a trustee in place of the trustee
dying, or wishing to resign, or being absent, or so becoming
incapable, and it shall be lawful for the Governor in like
manner to appoint a successor to any trustee appointed by
him, and any trustee appointed by the Governor under this
sub-section shall be deemed to be a successor of the original
trustees for such time as he shall continue to hold office as
trustee.
(3) Notice of every appointment made under sub-section
(2) shall be given -by publication in the Gazette.

3. The corporation shall have full power-
(1) subject to the licence of the Governor having been
previously obtained in each case, to acquire, accept leases of,
purchase, take, hold and enjoy, any lands, buildings,







messuages, or tenements, of what nature or kind soever and
wheresoever situate in this Colony: Provided that no licence
of the Governor shall be necessary in the case of the property
vested in the corporation by this Ordinance;

(2) to purchase and acquire all manner of goods and
chattels whatsoever;

(3) to invest moneys on mortgage of any lands, buildings,
messuages, or tenements, situate in this Colony, or in or
-upon such other securities or investments as it may think
expedient ; and

(4) by deed under its seal or otherwise to grant, sell,
convey, assign, surrender and yield up, mortgage, demise,
re-assign, transfer, exchatige, or otherwise deal with, or
dispose of, any lands, buildings, messuages, tenements,
mortgages, debentures, securities, shares, moneys, goods, or
chattels, for the time being vested in it, or belonging to it,
on such terms as may seeni expedient to it.

4.-(1) The pieces or parcels of ground specified, by their
respective Land Office register references, in the second
column of the First Schedule together with all rights, ease-
rnents and appurtenances belonging or appertaining thereto
or therewith usually held, occupied and enjoyed, are hereby
transferred to and vested in the corporation, subject to the
payment of the rents and the performance of the covenants
and conditions reserved by and contained in the respective
Crown leases of the said pieces or parcels of ground.

(2) The equitable interest in the piece or parcel of ground
specified by its Land Office register reference in the second
column of the Second Schedule is hereby transferred to and
vested in the corporation, subject to the mortgage registered
in the Land Office by memorial no. 66700, and upon the
payment to the person for the time being performing the
duties of the office of Treasurer of the principal moneys and
interest and other sums secured by the said mortgage the
said piece or parcel of ground may at any time be re-
assigned by such person to the corporation, subject to the
payment of the rent and the performance of the covenants
and conditions reserved by and contained in the Crown lease
thereof, as if the, legal estate were vested in such person.





(3) If in any case the Crown lease of any of the properties
vested in the corporation by this Ordinance shall not have
been issued before the commencement of this Ordinance,
such Crown lease shall be issued to and in the name of
The German Missions Trustees

(4) If in the case of any property vested in the corporation
by this Ordinance any declarations of trust or rights of way
or other rights shall have been registered in the Land Office
against such property, the corporation shall take and hold
the said property subject to such declarations of trust or
rights of way or other rights, if valid.

5.-(1) The corporation shall stand possessed of each of
the properties specified in the second columns of the First
and Second Schedules, and of the income of the said prop-
erties, in trust for the purpose of carrying on so far as
possible the work formerly carried on in the Colony hy the
mission the name of which appears in the corresponding
entry in the first columns of the said Schedules.

(2) The corporation shall also stand possessed of all moneys
and other property which may be transferred to the cor-
poration by the Custodian of Enemy Property in trust for the
purpose of carrying on so far as possible the work formerly
carried on in the Colony by the mission which may be
certified by the Ctistodian as being the mission to which such
moneys or other property are or is attributable.

(3) The trusts de clared by this Ordinance shall also affect
any property into which any property at any time. subject to
the said trusts shall have been converted, and also the income
of any such property.

(4) In-the case of the Basel Evangelical Missionary Society
the work formerly carried on by the said Society in the Colony
shall be deemed to include the carrying out of any pension
scheme formerly administered by the said Society: Provided
that nothing in this sub-section shall oblige the corporation
to pay any pensions or allowances to any persons in respect
of any service outside, the Colony.





(5). It shall be lawful for the corporation to transfer to any
other person, either permanently or temporarily, any property
for the tiMe being vested in or belonging to the corporation,
upon such trusts or subject to such conditions as may be
approved by the Governor in Council.

(6) It shall be lawful for the corporation, in its absolute
discretion, to determine the manner in which any of the
trusts declared by this Ordinance shall be carried out.

6. It shall be lawful for the Governor to give to the corpora-
tion any directions which he may think fit regarding the.
keeping, and auditing of accounts and the making of returns
and reports, and the corporation shall comply with everjy
such direction of the Governor.

7. All instruments which require the seal of the corpora-
tion shall be sealed with the common seal of the corporation
and shall also be signed by three.

8. If any act is done, or any discretion is exercised, or
any instrument is executed, by three of the trustees, in
any instrument s executed, by three of this ordinance, no such act
pursuance of the provisions of this Ordinance, no such act
or discretion or instrument shall be questioned in any man-
ner on the ground fhat the other trustees, if any, did not
concur or join in such act or exercise of discretion or instru-
ment, or on the ground that the other trustees, if any, objected
to such act or to such exercise of discretion or to such
instrument, or on the ground that the number of trustees
had been reduced.

9. No judgment against the corporation shall be enforce-
able by execution upon any of the property of the individual
members of the corporation.

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






24 No. 9 of 1923. GERMAN MISSIONS TURSTEES.
Execution of documents. Internal management. Saving of rights of the Crown and of certain other rights. Short title. Incorporation of trustees. Successors in office. Gazette notification. General powers of the corporation. Vesting of property. First Schedule. Second Schedule. Trusts. First and Second Schedules. Accounts, returns and reports. Execution of instruments under seal. Validity of action by three of the trustees. No execution against private property of members. Saving of rights of the Crown and of certain other rights.

Execution of documents. Internal management. Saving of rights of the Crown and of certain other rights. Short title. Incorporation of trustees. Successors in office. Gazette notification. General powers of the corporation. Vesting of property. First Schedule. Second Schedule. Trusts. First and Second Schedules. Accounts, returns and reports. Execution of instruments under seal. Validity of action by three of the trustees. No execution against private property of members. Saving of rights of the Crown and of certain other rights.

https://oelawhk.lib.hku.hk/items/show/1361

YOUNG MEN'S CHRISTIAN ASSOCIATION ORDINANCE, 1923

No. 7of 1923.
An Ordinance to provide for the incorporation of the
directors of the Young Men's Christian Association
of Hongkong.
[1st June, 1923.]

1. This Ordinance may be cited as the Young Men's
Christian Association Ordinance, 1923.

2. In this Ordinance, constitution means the consti-
tution of the Young Men's Christian Association of Hong-
kong as approved from time to time by the directors for the
time being of the said association.





3.-(1) The directors of the Young Men's Christian
Association of Hongkong, and their successors in office as
hereinafter defined, shall be a body corporate, hereinafter
called the corporation, and shall have the name of The
Directors of the Young Men's Christian Association of
hngkong , and in that name shall have perpetual succes-
sion, and shall and may sue and be sued all courts in
the Colony and shall and inay have and use a common seal.

(2) The first directors shall be James Cyril halmahoy
Allan, Dallas Gerald Mercer bernard, Alexander Stark
DalgIeish Cousland, Charles montague ede, george Thomas
Money Edkins, Percy hobson Holyoak, the Reverend Jolin
Kirk Maconachie, the Reverend Vyvvan henry Copley
Moyle, Eldward Victor David Parr, Walter Lesile Pattenden,
Ilenry Edward Pollock, John Harris Ranisay, Alexander
Gordon Stephen, Thomas graham Weall and John Roskruge
Wood.
(3) Subsequent directors, whetherappointed lu ininiedlate
succession to any of the first directors or not, shall be
appointed in accordance with the constitution, and shall for
the time being be deemed to be successors in office of the
first directors and to be inembers of the corporation upon
notice of their appointment, and of the retirement of the
retiring directors (if any) whom they shall have been
appointed to replace, being filed with the Registrar of
Companies.
(4) Any such notice shall be signed by two of the con-
tinuing or retiring directors and be sealed with the common
seal of the corporation.

4.-(1) The corporation shall have power to acquire,
accept leases of, purchase, take, hold and enjoy any lands,
buildings, messuages or tenements of what nature or kind
soever and wheresoever situated, and also to invest moneys
upon mortgage of any lands, buildings, messuages, or tene-
ments, or upon the mortgages, debentures, stocks, funds,
shares or securities of any corporation or company, and also
to purchase, acquire and possess steam-launches, boats and
other goods and chattels of what nature and kind soever.

(2) The corporation shall further have power by deed
under its seal to grant, sell, 'convey, assign, surrender,
exchange, partition, yield up, inortgage, demise, re-assign,
transfer or otherwise dispose of any lands, buildings,

messuages, tenements, mortgages, debentures, stocks, funds,
shares or securities, steam-launches, boats, or other goods
and chattels, which are for the time being vested in or

belonging to the corporation upon such terms as to the
corporation may seem fit.

5. All deeds and other instruments requiring the corpo-
rate seal of the corporation shall be sealed in the presence
of two of the directors and shall be sigmed by two of the
directors.

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

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

[Originally No. 7 of 1923.] Short title. Interpretation. Incorporation. Powers of corporation. Execution of documents. Internal management. Saving of rights of the Crown and of certain other rights.

[Originally No. 7 of 1923.] Short title. Interpretation. Incorporation. Powers of corporation. Execution of documents. Internal management. Saving of rights of the Crown and of certain other rights.

https://oelawhk.lib.hku.hk/items/show/1360

CHINESE CERTIFICATES (FEES) ORDINANCE, 1923

No. 6 of 1923.
An Ordinance to authorise the imposition of fees for the
issne of certificates to Chivese proceeding to foreign
Countries.
[1st June, 1923.]

1. This Ordinance may be cited as the Chinese Certificates
(Fees) Ordinance, 1923.

2. For each certificate issued by the Secretary for Chinese
Affairs to a Chinese person, other than a labourer, proceed-
ing to any foreign country, there shall the paid a fee of fifty
dollars.
[s. 3, rep. Law Revision Ordinance, 1924.j
[Originally No. 6 of 1923. Law Rev. Ord., 1924.] Short title. Fee for certificate.

[Originally No. 6 of 1923. Law Rev. Ord., 1924.] Short title. Fee for certificate.

https://oelawhk.lib.hku.hk/items/show/1359

POLICE SUPERVISION ORDINANCE, 1923

No. 5 of 1923.
An Ordinance to provide for police supervision of certatn

persons. [1st June, 1923]

1. This Ordinance may be cited as the Police Supervision
Ordinance, 1923.

2. In this Ordinance, crime means any felony, or any
offence punishable as a misdemeanor under the Coinage
Offences Ordinance, 1865, or any offence under sections 46
or 75 of the Larceny Ordinance., 1865, or the offence of
conspiracy to defravid.





3.-(1) Where any person is convicted summarily of a
crime, and a previous conviction of a crime is proved against
him, it shall be lawful for the magistrate to make, in addition
to any other penalty that he may inflict for the second of
such crinies, all order in Form No. 1 in the Schedule, that
such person shall be subject to police supervision for a period
not exceeding two years.

(2) Whenever any such person is not imprisoned on
conviction of the second of such crimes, the date of the coin-
mencement of the period of police supervision ordered shall
be the date of such conviction, and shall be indorsed oil the
said order by the magistrate.

(3) Whenever any such person is imprisoned on conviction
of the second of such crimes, the date of the commencement
of the period of police supervision ordered shall be. the date
of the terinination of his imprisonment, and shall be indorsed
on the said order by the Superintendent of Prisons.

(4) If any person against whom a police supervision order
has been made under sub-section (1) is ordered by the Gover-
nor in Council to be deported under the provisions of the,
Deportation Ordinance, 1917, such police supervision order
shall be deemed to be of no effect is from the date on which
such deportation order takes effect.

4. Every person who is ordered to be subject to police
supervision under this Ordinance shall be served by a police
officer with a copy of such order together with all identlfica-
tion book bearing the photograph and thumb prints of such
person, so soon as conveniently may be after the issue of such
order; and all indorsement in Form No. 2 in the Schedule
on any such original order, purporting to be signed by a
police interpreter or by a police officer, shall, until the
contrary is proved, be deemed sufficlent evidence that a copy
of the said order was duly served on and explained to the
person named in such order as stated in such indorsement.

5.-(1) every person against whom a police supervision
order has been made under this Ordinance shall, within
forty-eight hours of being served with a copy of such order,
notify the place of his residence to an inspector or sergeant
on duty in the charge room at the Central Police Station,
who shall then enter in the identification book of such person
the name of the police station at which such person shall
report himself.





(2) Every such person shall further, whenever he changes,
his place of residence during the currency of the period of
such order, notify such change within forty-eight hours
thereof at the police station entered in his identification
book, and the officer in charge of such police station shall
enter in the said identification book the name of the police
station nearest to his new residence, and such person shall
then report himself at the police station specified in the said
entry.

(3) Every such person shall, on the occasion of every
such notification or report, produce his identification book.

6.-(1) Subject to any special order that may be made by
the Captain Superintendent of Police dispensing in any case
with full compliance with the provisions of this section,
every male person against whom a police supervision order
has been made under this Ordinance shall, in addition to
the notification of residence required froni him by section 5,
report himself personally once in each month at such police
station as may from time to time be entered in his identifica-
tion book, and shall on every such occasion obtain from the
officer in charge of such police station an entry in his
identification book that such report has been made.

(2) In the event of any person against whom a police
supervision order has been made being permitted by the
Captain Superintendent of Police under the provisions of
sub-section (1) to leave the Colony for any period, such
permission together with the period for which it is given
shall be entered in the identification book of such person:
and every such person shall, failing any reasonable excuse,
return to the Colony on or before the expiration of such
period, and shall, within forty-eight hours of his return,
report himself at such police station as may from time to
time be entered in his identification book, and shall obtain
from the officer in charge of such police station an entry in
his identification book that such report has been made.

7. If any person against whom a police supervision order
has been made shall at any time undergo a term of imprison-
ment during the currency, of the period of such order, the
said order shall be deemed to be suspended while such person
is undergoing such imprisonment, and shall be deemed to
be in force again on the termination of such term of impris-
onment, but no such term of imprisonment shall be reckoned
as forming part of the period of police supervision ordered.





8. In any proceedings under this Ordinance, it shall, until
the contrary is proved, be presumed that the finger prints on
any police supervision order are those of the person against
whom the order was made.

9. Every person who commits an offence against this
Ordinance shall upon summary conviction be liable to a fine
not exceeding two hundred and fifty dollars or to imprison-
ment not exceeding six months.
[s. 10, rep. Law Revision Ordinance, 1924.]

SCHEDULE.

Form No.l. [s. 3.]

Police supervision order.

POLICE SUPERVISION ORDINANCE, 1923.

Hongkong.

In the police court at ...............................................................

Before. J. P. Esq., a magistrate of the said Colony sitting at the police
court.
The .......day of ................19

C.D., (hereinafter called the defendant) was this day convicted by me of
the crime of ................and a previous conviction of
the crime of ...............was proved against him.

It is hereby adjudged and ordered under section 3 of the Police super-
vision Ordinance, 1923, that the defendant shall, in addition to the penalty
of ..........................this day inflicted by me upon
him for the said crime of ...............................................................
.............................. be subject to police supervision for a period
of ...................................................

(Signed.)

.................

The above period of police supervision commences from the ...............
day of .............. 19

............................
Magistrate or superintendent of prisons.


FORM No. [s. 4.]
Indorsement as to service and explanation, of order.
POLICE SUPERVISION ORDINANCE, 1923.
I, the undersigned, hereby certify that on the ................... day of
........................... 19 at a.m. (or p.m.) I served a copy of
the within order on the said ...........and
that, I explained the within order to the said in the
..................hanguage and that I was satisfied that he understood it.

Dated the ...day of ....19

..............................................................
Police Interpreter (or as the ease may be).
[Originally No. 5 of 1923. Law Rev. Ord., 1924.] Short title. Interpretation. 34 & 35 Vict.c. 112, s. 20. Ordinances Nos. 7 of 1865, and 5 of 1865. Police supervision by order of magistrate. 34 & 35 Vict.c. 112, s. 8. Schedule. Form No. 1. Ordinance No. 25 of 1917. Service and explanation of police supervision order. Schedule. Form No. 2. Notification of place of residence by person subject to police supervision. 34 & 35 Vict.c. 11, s. 8. Monthly report by persons subject to police supervision. 34 & 35 Vict.c. 112, s. 8. Suspension of police supervision order during imprisonment. Finger prints on police supervision order. Penalty.

[Originally No. 5 of 1923. Law Rev. Ord., 1924.] Short title. Interpretation. 34 & 35 Vict.c. 112, s. 20. Ordinances Nos. 7 of 1865, and 5 of 1865. Police supervision by order of magistrate. 34 & 35 Vict.c. 112, s. 8. Schedule. Form No. 1. Ordinance No. 25 of 1917. Service and explanation of police supervision order. Schedule. Form No. 2. Notification of place of residence by person subject to police supervision. 34 & 35 Vict.c. 11, s. 8. Monthly report by persons subject to police supervision. 34 & 35 Vict.c. 112, s. 8. Suspension of police supervision order during imprisonment. Finger prints on police supervision order. Penalty.

https://oelawhk.lib.hku.hk/items/show/1358

FEMALE DOMESTIC SERVICE ORDINANCE, 1923

No. 1 of 1923.

an Ordinance to reflutale cerfain forms of female domestic
service.
[15th February, 1923.]

PART I
1. This Ordinance may be cited as the Female Domestic
Service Ordinance, 1923.

2. Whereas certain persons have erroneously supposed
that the payment of money to the parent or guardian or
employer of a female child, such payment ptirporting to be
in return for the transfer of certain parental rights, may
confer certain rights of property in the child and certain
rights of retaining possession, custody and control of the child
as against the child's parent or guardian, and as against the
child herself, it is hereby declared and enacted that no such
payment can confer any such rights whatsoever upon the
person making such payment or upon any other person.





3. In this Ordinance,

(a) - Mui tsai includes-
(i) every female domestic servant whose employer for the
time being shall have made, directly or Indirectly, within or
without the Colony, any payment to any person for the
purpose of securing the services of such female as a domestic
servant;

(ii) every female domestic servant whose employer for
the time being shall, Nvithin or without the Colony, have
acquired the custody, possession or control of such female
from, or upon the death of, any former employer who made
any such payment as aforesaid.

(b) Prescribed means prescribed by regulations made
under this Ordinance.

PART II

4. No person shall hereafter take into his employment any
mui tsai.

5. No person shall hereafter take into his employment
any female domestic servant under the age of ten years.

6.-(1) No employer of a mui tsai shall over-work or
ill-treat such mui tsai, or subject such mui tsai. to any
punishment to which such employer might not reasonably
subject his own daughter.
(2) Every employer of a mul tsai shall provide such mui
tsai with sufficient food and clothing of a reasonable kind,
and, in case of illness, with such medical attendance as such
employer might reasonably have been expected to provide
for his own daughter.

In even, prosecution for over-work or ill-treatment
of a mui tsai, medical evidence shall be given before the
magistrate trying the case as to the injuries received by
such mui tsai, and the magistrate shall find whether such
ill-treatment amounted, in his opinion, to gross cruelty or
not.

As amended by Law Rev. Ord., 1924.





(2) In the event of such magistrate finding that such
ill-treatment amounts to gross cruelty, the offender shall not
be given the option of paying a fine but shall be sentenced
by the magistrate te to imprisonment for any term not exceeding
one year.

8. The provisions of the Offences against the Persons
Ordinance, 1865, and Protection of Women and Girls Ordi-
nance, 1897, shall, as hitherto, apply to and include mui tsai.

9.-(1) No mui tsai shall hereafter be transferred from
one employer to another: - Provided that upon the death of
the employer of any mui tsai it shall be lawful for the Secretary
for Chinese Affairs to make any order which he may think
fit regarding, the transfer of such mui tsai to a new employer.

(2) Every person who after the 14th day of February, 1923,
shall become the actual employer of a mui tsai by reason of
the death of the former employer of such mui tsai, or for any
other reason, shall report such fact in the prescribed manner
within one week after he shall have become the actual
employer of such mui tsal.

10. Any mui tsai who wishes to be restored to the custody
of her parent or natural guardian, and any mui tsai under
the age of eighteen years whose parent or natural guardian
wishes such mui tsai to be restored to his custody, shall,
without any payment whatsoever, be restored to such custody
unless the Secretary for Chinese Affairs shall see some grave
objection in the interest of such mui tsal to such restoration.

11. Every mui tsai shall, as hitherto, have the right to
apply to the Secretary for Chinese Affairs, and upon any
such application it shall be lawful for the Secretary for
Chinese Affairs to make any 'Order which he may think fit
regarding the custody, control, employment and conditions
of employment of thp applicant.

PART III.

12.-(1) It shall be lawful for the Governor in Council to
make regulations for the following puToses:-
(a) the registration of mui tsai and the keeping of such
registers up to date,

As amended by Law Rev. Ord., 1924.





(b) the remuneration of mui tsai;
(c) the inspection and control of mui tsai and former mui
tsai ; and
(d) generally for the purpose of carrying out the policy
of this Ordinance.
(2) All regulations made under this Ordinance shall be
laid on the table of the legislative Council at the first meeting
thereof held after the publication in. the Gazette of the
waking of such regulations, and if a resolution is 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 regulation shall be rescinded, or
amended in any manner whatsoever, the said regulation shall,
without prejudice to anything done thereunder, 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.

13.-(1) Every person svho at the coming into operation
of this Part shall have a mui tsai in his employrnent in the
Colony shall register such mui tsai in the prescribed manner.
within six months after the coming into operation of this Part,
(2) Every person who shall at any time have in his
employment in the Colony a mui tsai who shall have been
brought into the Colony after the coming into operation of
this Part shall register such mui tsai in the prescribed manner
within two weeks after the arrival of such mni tsai in the
Colony.
(3) It shall be lawful for the Secretary for Chinese Affairs
in his absolute discretion to refuse to register any particlar
mui tsai and to remove any particular mui tsal from 1he
register.
14. Subject to the period allowed for registration, and
subject to the provisions of section 9, nb person shall have
in his employment an unregistered mui tsai.

15. Subject to the period allowed for registration, and
subject to the provisions of section 9, no person shall have
in his employment any female domestic servant under the
age of ten years unless such servant is a registered mui
tsai.

As amended by Law Rev. Ord., 1924.



16. Every mui tsal of or over the age of ten years shall
be entitled to such wages for her services as shall be
prescribed.

17. This Part shall not come into Operation until such
date as may be fixed by proclamation of the Governor in
Council.

PART IV.

18. Subject to the provisions of section 7 (2), every person
who contravenes or fails to comply with any of the provisions
of this Ordinance or of any regulation made thereunder shall
npoil summary conviction be liable to a fine not exceeding
two hundred and fifty dollars.

19. No prosecution under this Ordinance shall be coin-
menced without the consent of the Secretary for Chinese
Affairs.
[Originally No. 1 of 1923. Law Rev. Ord., 1924.] Short title. Declaratory clause. Interpretation. No mui tsai to be engaged hereafter. No female domestic servant under ten to be engaged hereafter. Treatment of mui tsai. Procedure in case of ill--treatment. Penalty for gross cruelty. Application of Ordinance Nos. 2 of 1865 and 4 of 1897 to mui tsai. No mui tsai to be transferred hereafter from one employer to another except on death of the former employer. Restoration to parent or guardian. Right to apply to the Secretary for Chinese Affairs. Regulations. Registration. No person to have an unregistered mui tsai in his employment. No person to have in his employment any female domestic servant under ten, except a registered mui tsai. Remuneration of mui tsai. Coming into operation of Part III. General penalty. Consent.

[Originally No. 1 of 1923. Law Rev. Ord., 1924.] Short title. Declaratory clause. Interpretation. No mui tsai to be engaged hereafter. No female domestic servant under ten to be engaged hereafter. Treatment of mui tsai. Procedure in case of ill--treatment. Penalty for gross cruelty. Application of Ordinance Nos. 2 of 1865 and 4 of 1897 to mui tsai. No mui tsai to be transferred hereafter from one employer to another except on death of the former employer. Restoration to parent or guardian. Right to apply to the Secretary for Chinese Affairs. Regulations. Registration. No person to have an unregistered mui tsai in his employment. No person to have in his employment any female domestic servant under ten, except a registered mui tsai. Remuneration of mui tsai. Coming into operation of Part III. General penalty. Consent.

https://oelawhk.lib.hku.hk/items/show/1357

ZETLAND HALL TRUSTEES INCORPORATION ORDINANCE, 1922

No. 23 of 1922.
An Ordinance to mnend the law relating to the incorpora-
tion of the Zetland Hall Trustees.

[29th September, 1922.]

1. This Ordinance may be cited as the Zetland Hall
Trustees Incorporation Ordinance, 1922.

2.-(11) The persons who have been certified by the
Worshipful District Grand Secretaries of the District drand
Lodge of Hongkong and South China of the English Con-
stitution and of the Scottish Constitution respectively by
statutory declarations made by them and filed with the
Registrar of Companies on the 28th day of September, 1922,
to be the elected representatives of the following lodges,
namely:-
Zetland Lodge No. 525 E.C.,
Victoria Lodge No. 1026 E.C.,
Perseverance Lodge No. 1165 E.C.,.
United Service Lodge No. 1341 E.C.,
University Lodge No..3666 E.C.,.
St John's Lodge No. 618 S.C.,
Naval and Military Lodge No. 848 S.C.,
Eastern Scotia Lodge No. 923 S.C.,
and their successors in office as hereinafter defined, shall be
a body corporate, hereinafter called the corporation, and shall
have the name The Zetland Hall Trustees and by that
name shall have perpetual succession and shall and may sue
and be sued in all courts in the Colony and shall and may
have and use a common seal.





(2) The corporation shall, subject to the licence of the
Governor having been previously obtained in each case, have
full power to acquire, accept leases of, purchase. take, hold
and enjoy any lands, buildings, messuages or tenements of
what nature or kind soever and wheresoever situate in the
Colony.
(3) The corporation shall also have full power by deed
under the corporate seal to grant, sell, convey, assign,
surrender and yield up, mortgage, demise, re-assign, transfer
or otherwise dispose of any lands, buildings, messuages and
tenements for the time being vested in them on such terms
as they may deem expedient.

&-(1) If at any time any of the lodges specified in
section 2 (1) shall wish to appoint a new representative
in succession to or in substitution for the representative speci-
fied in the statutory declarations referred to in section 2 (l)
it shall be lawful for the said lodge so to do, and the said
new representative shall be deemed to be a trustee in succes-
sion to or in substitution for the said former representative
upon the filing with the Registrar of Companies of a certif-
icate of the fact of such election certified under the hand of
the Worshipful District Grand Secretary of the District
Grand Lodge of Hongkong and South China of the English
Constitution or of the Scottish Constitution.
(2) The power of appointing a new representative shall
apply the case of persons elected under sub-section (1) of
this section in the same way as it applies in the case of the
persons specified in the statutory declarations referred to in
section 2 (1).

4. The piece or parcel of ground registered in the lard.
Office as Victoria Inland Lot No. 31, together with the
encroachments covered by the licence of the Governor dated
the 3rd day of November, 1902, and together with all
rights, easements and appurtenances belonging or ap-
pertaining thereto or therewith usually held, occupied
and enjoyed, is hereby transferred to and vested in the
corporation subject to the payment of the rents and the
performance of the covenants and conditions reserved by
and contained in the crown lease of the same and the said
licence.

As amended by Law Rev. Ord,, 1924.





The corporation shall manage and -maintain a hall or
halls, to be used, occupied and enjoyed as a meeting place
for the members of the lodges specified in cection 2, either
on the ground specified in section 4 or elsewhere, and may
permit the said hall or halls to be used, occupied and
enjoyed as a meeting place for the members of other masonic
lodges, chapters and bodies, and may at their discretion
furnish and equip such hall or balls.

6. The corporation nuay charge stich fees, rents and
charges for the use of the properties, of the corporation as
may seem expedient to the corporation.

7. The corporation may front thne to time give and pay
over in equal shares to the lodges specified in section 2 any
funds not required for the purposes of the maintenance or
development of the propertles or the corporation.

8.-(1) The chairman of the trustees shall hold office for
one year from the 1st day of January in each year and shall
be appointed from the trustees representing the lodge.,
working under the english Constitution.

(2) The representative for the time being of the Zetland
Lodge of Freemasons, No. 525 E.C., shall be the chairman
of the trustees until the 31st day of December, 1923.

(3) in the absence of the chairman of the truistees from
any meeting, the trustee representing the senior lodge working
under the english constitution shall be the chairman of the
meeting.

Save as herein provilded, three trustees persolially
present shall be a quoruai for the purpose of any meet-
ing of the trustees and for the exercise of any of their
corporate powers: -Provided that no quorunt shall be deemed
duly constituted unless half at least of the trustees present
shall represent lodges working under the english Coustitu-
tion.
(5) A meeting of the trustees may be convened by any
one of them, and all questions arising at any such meeting
shall be decided by the votes of a majority of the trustees
present and voting at such a meeting, in the event of
equality of votes, the chairman shall have a or
casting vote.

9.-(1) All deeds, documents and other instruments
requiring the corporate seal of the corporation shall be
sealed by one of the trustees and signed by not less than
three of the trustees.

(2) All documents which are required by law to be
signed by the corporation shall be signed by three of the
trustees.

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

[s. 11, rep Law -Revision Ordinance, 1924.]
[Originally No. 23 of 1922. Law Rev. Ord., 1924.] Short title. Incorporation of trustees. Successors in office. Vesting of property. Use of property. Fees and rents for use of property. Apportionment of surplus funds. Meetings of trustees. Execution of documents. Saving of rights of the Crown and of certain other rights.

[Originally No. 23 of 1922. Law Rev. Ord., 1924.] Short title. Incorporation of trustees. Successors in office. Vesting of property. Use of property. Fees and rents for use of property. Apportionment of surplus funds. Meetings of trustees. Execution of documents. Saving of rights of the Crown and of certain other rights.

https://oelawhk.lib.hku.hk/items/show/1356

INDUSTRIAL EMPLOYMENT OF CHILDREN ORDINANCE, 1922

No. 22 of 1922.
An ordinance to regulate the employment of children in
certain industries.

[1st January, 1923.]

1. This Ordinance may bc cited as the Inditstrial Employ-
ment of Children Ordinance, 1922.





2. In this Ordinance,
(a) Child means a person under the age of fifteen
years.
(b) Dangerous trade means any trade or occupation
whatsoever which is declared by regulation made under this
Ordinance to be a dangerous trade.

(e) Factory means any premises wherein or within the
close or curtilage or precincts of which any manual labour
is exercised by way of trade or for purposes of gain in or
incidental to making any article, or part of any article, or
altering, repairing, ornamenting, finishing, or adapting for
sale any article, provided that at least ten persons are
employed in manual labour in the said premises and the
close, curtilage and precincts thereof.

(d) Industrial undertaking includes-

(i) mines, quarries and other works for the extraction of
minerals from the earth;

(ii) industries in which articles are manufactured, altered,
cleaned, repaired, ornamented, finished, adapted for sale,
broken up or demolished, or in which materials are
transformed, including shipbuilding, and the generation,
transformation, and transmission of electricity and motive
power of any kind;

(iii) construction, reconstruction, maintenance, repair, al-
teration, or demolition of any building, railway, tramway,
harbour, dock, pier, canal, inland waterway, road, tunnel,
bridge, viaduct, sewer, drain, well, telegraphic or telephonic
installation, electrical, undertaking, gaswork, waterwork, or
other work of construction, as well as the preparation for
or laying the foundations of any such work or structure

(iv) transport of passengers or goods by road or rail or
inland waterway, including the handling of goods at docks,
quays, wharves, and warehouses, and the carriage of coal
and building material and debris;

but does not include any agricultural operation.

(e) Inspector means any pers on appointed by the
Governor to be an inspector of juvenile labour for the
purposes of this Ordinance.





(f) Protector means any person appointed by the
Governor to be the Protector of Juvenile Labour for the
purposes of this Ordinance.

3.-(1) It shall be lawful for the Governor in Council to
make regulations for any of the following purposes:-

(a) declaring what trades and occupations are to be deemed
to be dangerous trades for the purposes of this Ordinance


(b) prescribing the ages under which children shall not be
employed in particular trades or occupations;

(c) prescribing the conditions -under which children may
be employed in industrial undertakings;

(d) imposing obligations upon persons who employ
children in industrial undertakings, and on the servants of
such persons;

(e) defining the duties and powers of the Protector and
the inspectors;

(f) exempting any industrial undertakings or factories*
from the operation of this Ordinance or of any part thereof;
and

(g) generally for the purpose of carrying. into effect the
provisions of this Ordinance.

(2) All regulations made tinder this Ordinance shall be laid
on the table of the Legislative Council at the first meeting
thereof held after the publication in the Gazette of the
making of such regulations, and if a resolution is 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 regulation shall be rescnided or
amended in any manner whatsoever, the said regulation
shall, without prejudice to anything done thereunder, 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.

As amended by Law Rev. Ord., 1924.





(3) The regulations in the Schedule shall be deemed to
have been made under this Ordinance, and shall be in force
until rescinded or amended by regulations niade under this
Ordinance.

4.-(1) It shall be lawful for the Protector, and for any
person authorised thereto in writing by the Protector, and for
any inspector, to enter and search any place in which he
may have reason to believe that any child is being employed
in an industrial undertaking, and to seize any thing which
may appear to be evidence of any offence against this Ordi-
nance.

(2) Every person who employs or has employed any child
in an industrial undertaking, and every servant of any such
employer, shall on dernand give to the Protector, or to any
inspector, all information in his possession with reference to
such child, and all information in his possession with refer-
ence to the labour conditions and treatment of any children
einployed by such employer.

5. In any prosecution under this Ordinance-
(1) if it appears to the magistrate that any person who is
alleged in the charge to have been a child at the date of the
alleged offence was a child at such date, it shall, until the
contrary is proved, be presumed that such person was a child
at such date;
(2) if it appears to the magistrate that any child, who is
alleged in the charge to have been under any particular age,
at the date of the alleged offence, was under that particular
age at the said date, it shall, until the contrary is proved,
be presumed that the said child was under the said age at
the said date.

6. Every person who contravenes or attempts to contravene
or fails to comply with any of the provisions of'this Ordinance
or of any of the regulations made thereunder shall upon
summary conviction be liable to a fine not exceeding. two
hundred and fifty dollars and imprisonment for any term not
exceeding six months.

7. -No prosecution under this Ordinance shall be com-
menced without the consent of the Protector.
[s. 8, rep. Law Revision Ordinance, 1924.]





SCHEDULE. [s. 3.]

RFGULATIONS.
1. The following are declared to be dangerous trades:-
Boiler chipping.
Fireworks, the manufacture of.
Glass making.

2. No person shall employ any child in any dangerous trade.

3. No person shall employ any child under the age of ten years in any
factory.

4. No person shall employ any child under the age of twelve years in
carrying coal or building material or debris.

5-(1) The owner and the manager of every factory in which children
are employed shall cause to be kept, in English or Chinese, a running record
of all the children at any time employed in such factory.
(2) Such record shall contain the following particulars
(a) name of factory
(b) address of factory
(c) name of employer or employers
(d) name of manager of factory
(e) name of child
(f) sex of child
(g) date of birth of child, or, if date cannot be ascertained, estimated age
on some given date;
(h) address of child
(i) name of parent or guardian
(i) nature of employment ;
(k) actual hours of work for every day on which the child is employed.
(3) Every such record shall be entered jAp promptly and accurately.

6. No child shall be allowed to work in any industrial undertaking, for
more than nine hours in any period of twenty-four hours.

7. No child shall be allowed to work in any industrial undertaking for
more than five hours continuously.

8. In any industrial undertaking the interval of relaxation between any
spell of five hours continuous work and the next spell of work shall he not
less than one hour, and the interval of relaxation after any spell of work of
less than five hours duration shall be of reasonable duration having regard
to all the circumstances.
As amended by Law Rev. Ord., 1924.
9. Every child employed in any industrial undertaking shall be allowed
one day's rest in every seven days.

10. No child shall be employed in any industrial undertaking between
7 p.m. and 7 a.m.

11. No child shall be allowed to carry any weight which is unreasonably
heavy having regard to the child's age and physical development, and no
child whatever shall be allowed to carry any load exceeding forty catties in
weight.
[Originally No. 22 of 1922. Law Rev. Ord., 1924.] Short title. Interpretation. 1 Edw. 7, c. 22, s. 149. 10 & 11 Geo. 5, c. 65. Schedule. Regulations. Schedule. Search and inquiries. Presumptions. Penalties. Consent.

[Originally No. 22 of 1922. Law Rev. Ord., 1924.] Short title. Interpretation. 1 Edw. 7, c. 22, s. 149. 10 & 11 Geo. 5, c. 65. Schedule. Regulations. Schedule. Search and inquiries. Presumptions. Penalties. Consent.

https://oelawhk.lib.hku.hk/items/show/1355

PERJURY ORDINANCE, 1922

No. 21 of 1922.
An Ordinance to consolidate and simplify the laic relating
to perjury and kindred offences.

[29th September, 1922.]

1. This Ordinance may be cited as the Perjury Ordinance,
1922.

2. In this Ordinance, oath an d affidavit include,
in the case of persons allowed or required by law to affirm
instead of swearing, affirmation , and swear in the
like case includes affirm .

3.-(1) If any person lawfully sworn as a witness, or
sworn as an interpreter, either generally or in a particular
judicial proceeding, wilfully makes a statement in any
jadicial proceeding, which is material in that proceeding,
and which he knows to be false or does not believe to be
true, he shall be guilty of perjury, and shall, on conviction
thereof on indictment, be liable to imprisonment for any
term not exceeding seven years and to a fine.

As amended by Law Rev. Ord., 1921.





(2) Judicial proceeding includes a proceeding before
any court, tribunal, or person having by law power to hear,
receive, and examine evidence on oath.

(3) Where a statement made for the purposes of a judicial
proceeding is not made before the tribunal itself, but is
made on oath before a person authorised by law to ad-
minister an oath to the. person who makes the statement,
and to record or authenticate the statement, it shall, for the
purposes of this section, be treated as having been made in
a judicial proceeding.

(4) A statement made by a person lawfully sworn in
Hongkong for the purposes of a judicial proceeding-

(a) in another part of His Majesty's dominions, or

(b) in a British tribunal lawfully constituted in any place
by sea or land outside His Majesty's dominions, or

(c) in a tribunal of any foreign state,
shall, for the purposes of this section, be treated as a state-
ment made in a judicial proceeding in Hongkong.

(5) The question whether a statement on which perjury
is assigned was material is a quesilon of law to be deter-
inined by the court of trial.

4. If any person being required or authorised by law to
make any statement on oath for any purpose, and being
lawfully sworn (otherwise than in a judicial proceeding)
wilfully makes a statement which is material for that purpose
and which he knows to be false or does not, believe to be
true, he shall be guilty of a misdemeanor, and, on conviction
thereof on indictment, shall be liable to imprisonment for
any term not exceeding seven years and to a fine.

5. Every person who-

(1) for the purpose of procuring a marriage, or a certif-
icate or licence for marriage, knowingly and wilfully makes
a false oath, or makes or signs a false declaration, notice or
certificate required under any enactment for the time being
in force relating to marriage; or

As amended by Law Rev. Ord., 192X.





(2) knowingly and wilfully makes, or knowingly and wil-
fully causes to be made, for the purpose of being inserted
in any register of marriage, a false statement as to any
particular required by law to be known and registered
relating to any marriage ; or

(3) forbids the issue of any certificate or licence for
marriage by falsely representing himself to be a person whose
consent to the marriage is required by law knowing such
representation to be false,

shall be guilty of a misdemeanor, and, on conviction thereof
on indictment, shall be liable to imprisonment for any term
not exceeding seven years and to a fine.

6.-(1) Every person who-

(a) wilfully makes any false answer to any question put to
him by any registrar of births or deaths relating to the
Particulars required to be registered concerning any birth
or death, or wilfully gives to any such registrar any false
information concerning any birth or death or the cause of
any death; or

(b) wilfully makes any false certificate or declaration
under or for the purposes of any enactment relating to the
registration of births or deaths, or, knowing any such certif-
icate or declaration to be false, uses the same as true or
gives or sends the same as true to any person; or

(c) wilfully makes, gives or uses any false statement or
declaration as to a child born alive as having been still-born,
or as to the body of a deceased person or a still-born child
in any coffin, or falsely pretends that any child born alive
was still-born ; or

(d) makes any false statement with intent to have the
same inserted in any register of births or deaths,

shall be guilty of a misdemeanor and shall be liable-

(i) on conviction thereof on indictment, 'to imprisonment
for any term not exceeding seven years and to a fine, and

(ii) on summary conviction thereof, to a fine not exceed-
ing two hundred and fifty dollars.

As amended by Law Rev. Ord., 1924.





(2) A prosecution on indictment for an offence against
this section shall not be commenced more than three years
after the commission of the offence.

7. Every person who knowingly and wilfully makes
(otherwise than on oath) a statement false in a material
particular, such statement being made-

(1) in a statutory declaration, or

(2) in an abstract, account, balance sheet, book, certif-
icate, declaration, entry, estimate, inventory, notice, report,
return, or other document which he is authorised or
required to make, attest, or verify, by any enactment for
the time being in force, or

(3) in any oral declaration or oral answer which he is
required to make by, under, or in pursuance of any enact-
ment for the time being in force,

shall be guilty of a misdemeanor and shall be liable od
conviction thereof on indictment to imprisonment for any
term not exceeding two years and to a fine.

8. Every person who-

(1) procures or attempts to procure himself to be register-
ed on any register or roll kept under or in pursuance of any
enactment for the time being in force of persons qualified
by law to practise any vocation or calling; or

(2) procures or attempts to procure a certificate of the
registration of any person on any such register or roll as
aforesaid,
by wilfully making or producing or causing to be made
or produced either verbally or in writing, any declaration,
certificate, or representation which he knows to be false or
fraudulent, shall be guilty of a misdemeanor and shall be
liable on conviction thereof on indictment to imprisonment
for any term not exceeding twelve months and to a fine.

9.-(1) Every person who aids, abets, counsels, procures,
or suborns another person to commit an offence against this
Ordinance shall be liable to be proceeded against, indicted,
tried and punished as if he were a principal offender.

As amended by Law Rev. Ord., 1924.





(2) Every person who incites or attempt's to procure or
suborn another person to commit an offence against this
Ordinance shall be guilty of a misdemeanor.

10. Where two or rnore contradictory statements of fact
or alleged fact, material to the issue or matter in question,
have been wilfully made on oath by one and the same
witness in any judicial proceeding or proceedings, whether
before the same court or tribunal or person or not, and
whether the respective truth or falsehood of the said
statements can be ascertained or not, an indictment may be
preferred against him, charging him with having wilfully
made the said contradictory statements, and, on conviction
thereof, either in whole or in part, such witness shall be
liable to imprisonment for any term not exceeding seven
years and to a fine.

11. Every person who wilfully uses for any purpose any
affidavit which he knows to be false Qr does not believe to
be true, wherever such affidavit may have been sworn, shall
be guilty of a misdemeanor, and, on conviction thereof on
indictment, shall be liable to imprisonment for any term not
exceeding seven years and to a fine.

12.-(.1) Where any judge or magistrate is of opimon
that any person has, in the course of a proceeding before
him, been guilty of perjury, he may order the prosecution
of that person for such perjury, in case there shall appear
to be reasonable cause for such prosecution, and may
commit him, or admit him to bail, to take his trial at the
proper court, and may require any person to enter into
a recognizance to prosecute or give evidence against
the person whose prosecution is so ordered, and may
give the person so bound to prosecute a certificate of the
making of the order for the prosecution, for which certificate
no charge, shall be made.

(2) An order made or a certificate given under this section
shall not be given in evidence for the purpose or in the
course of- any trial of a prosecution resulting therefrom.

13.-(1) In an indictment-

(a) for making any false statement or false representation
punishable under this Ordinance; or

As amended by Law rev. Ord., 1924.





(b) for unlawfully,wilfully, falsely, fraudulently, deceitfully,

maliciously, or corruptly taking, making, signing, or sub-
scribing any oath, affirmation, solemn declaration, statutory
declaration, affidavit, deposition, notice, certificate, or other
writing; or

(c) for wilfully making contradictory statements on oath
in a judicial proceeding or proceedings; or

(d) for wilfully using a false affidavit

it is sufficient to set forth the substance of the offence charged,
and before which court or person (if any) the offence was
committed without setting forth the proceedings or any part
of the proceedings in the course of which the offence was
committed, and without setting forth the authority of any
court or person before whom the offence was committed.

(2) In an indictment for aiding, abetting, counselling,
procuring, or suborning any other person to commit any
offence hereinbefore in. this section mentioned, or for conspir-
ing with any other person, or with inciting or attempting
to procure or suborn any other person, to commit any such
offence, it is sufficient-

(a) where such offence has been committed, to allege that
offence, and then to allege that the defendant procured the
commission of that offence; and

(b) where such offence has not been committed, to set forth
the substance of the offence charged against the defendant
without setting forth any matter or thing which it is
unnecessary to aver in the case of an indictment for a false
statement or false representation punishable under this
Ordinance.

14. A person shall not be liable to be convicted of any
offence against this Ordinance, or of any offence declared by
any other enactment to be perjury or subornation of perjury,
or to be punishable as perjury or subornation of perjury,
solely upon the evidence of one witness as to the falsity of
any statement alleged to be false.

15. On a prosecution-

(1) for perjury alleged to have been committed on the
trial of an indictment for felony or misdemeanor ; or

(2) for procuring or suborning the commission of perjury
on any such trial,

the fact of the former trial shall be sufficiently proved by the
production of a certificate containing the substance and effect,
(omitting the formal parts) of the indictment and trial, pur-
porting to be signed by the Registrar or other person having
the custody of the records of the court where the indictment
was tried, or by the deputy of that Registrar or other person,
without proof of the signature,, or official character of- the
Registrar or person appearing to have, signed the certificate.

16. For the purposes of this Ordinance, the forms and
ceremonies used in administering an oath are immaterial, if
the court or person before whom the oath is taken. has power
to administer on oath for the purpose of verifying the state-
ment in question, and if the oath has been administered
in a form and with ceremonies which the person taking
the oath has accepted without objection, or has declared
to be binding on him.

17.-(1) Where the making of a false statement is not
only an offence under this Ordinance, but also by virtue of
sorne other enactment is a corrupt practice or subjects the
offender to any forfeltilre or disqualification or to any penalty
other than imprisonment, or fine, the liability of the offender
under this Ordinance shall be in addition to and not in
substitution for his liability mider such other enactment.

(2) Where the making of a false statement is made punish-

, by any otber enactment, whether passed before or after
the coitimencement of this Ordinance, proceedings may be
taken either under such other enactment or under this
Ordinance.
[s. 18 and Schedule, rep. Law Pevision Ordinance,
1924.]
[Originally No. 21 of 1922. Law Rev. Ord., 1924.] Short title. Interpretation. 1 & 2 Geo. 5, c. 6, s. 15(2). Perjury. 1 & 2 Geo. 5, c. 6, s. 1. False statements on oath made otherwise than in a judicial proceeding. 1 & 2 Geo. 5, c. 6, s. 2. False statements, etc., with reference to marriage. 1 & 2 Geo. 5, c. 6, s. 3. False statements, etc., as to births or deaths. 1 & 2 Geo. 5, c. 6, s. 4. False statutory declarations and other false statements without oath. 1 & 2 Geo. 5, c. 6, s. 5. False declarations, etc., to obtain registration, etc., for carrying on a vocation. 1 & 2 Geo. 5, c. 6, s. 6. Aiders, abettors, suborners, etc. 1 & 2 Geo. 5, c. 6, s. 7. Contradictory statements on oath. Using false affidavits. Power to direct a prosecution for perjury. 1 & 2 Geo. 5, c. 6, s. 9. Form of indictment. 1 & 2 Geo. 5, c. 6, s. 12. Corroboration. 1 & 2 Geo. 5, c. 6, s. 13. Proof of certain proceedings on which perjury is assigned. 1 & 2 Geo. 5, c. 6, s. 14. Form of oath. 1 & 2 Geo. 5, c. 6, s. 15. Savings. 1 & 2 Geo. 5, c. 6, s. 16.

[Originally No. 21 of 1922. Law Rev. Ord., 1924.] Short title. Interpretation. 1 & 2 Geo. 5, c. 6, s. 15(2). Perjury. 1 & 2 Geo. 5, c. 6, s. 1. False statements on oath made otherwise than in a judicial proceeding. 1 & 2 Geo. 5, c. 6, s. 2. False statements, etc., with reference to marriage. 1 & 2 Geo. 5, c. 6, s. 3. False statements, etc., as to births or deaths. 1 & 2 Geo. 5, c. 6, s. 4. False statutory declarations and other false statements without oath. 1 & 2 Geo. 5, c. 6, s. 5. False declarations, etc., to obtain registration, etc., for carrying on a vocation. 1 & 2 Geo. 5, c. 6, s. 6. Aiders, abettors, suborners, etc. 1 & 2 Geo. 5, c. 6, s. 7. Contradictory statements on oath. Using false affidavits. Power to direct a prosecution for perjury. 1 & 2 Geo. 5, c. 6, s. 9. Form of indictment. 1 & 2 Geo. 5, c. 6, s. 12. Corroboration. 1 & 2 Geo. 5, c. 6, s. 13. Proof of certain proceedings on which perjury is assigned. 1 & 2 Geo. 5, c. 6, s. 14. Form of oath. 1 & 2 Geo. 5, c. 6, s. 15. Savings. 1 & 2 Geo. 5, c. 6, s. 16.

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INDEMNITY ORDINANCE, 1922

No. 18 of 1922.
An Ordinance to restrict the taking of legal proceedlugs in
respect of certain acts and matters dove during the
war and to provide in certain cases remedies in
substitution therefor.

[18th August, 1922.]

1. This Ordinance may be cited as the Indemnity Ordi-
nance,1922.





2. In this Ordinance,
(a) The Blue Book Reports means the reports as to
rates and conditions published in October, 1914, by the
sub-committee of the Board of Arbitration constituted under
the proclamation issued by His Majesty on the 3rd day of
August, 1914, subject to such increases or modifications
thereof as may have been agreed to before the first day of
January, 1920.

(b) The war means the war declared against Germany,
Austria-Hungary, Turkey and Bulgaria on the 4th day of
August, the 12th day of August, and the 5th day of November,
1914, and the 15th day of October, 1915, respectively.

(c) War risk means those risks which would be excluded
from an ordinary English policy of marine insurance by the
following, or similar, but not more extensive clause:-

Warranted free of capture, seizure, and detention and the
consequences thereof, or of any attempt thereat, piracy
excepted, and also from all consequences of hostilities or
warlike operations, whether before or after declaration of
war.

3.-(1) No action or other legal proceeding whatsoever,
whether civil or criminal, shall be instituted in any court of
lam, for or on account of or in respect of any act, matter
or thing done, whether within or without the Colony, during
the war before the passing of this Ordinance, if done in good
faith, and done or purported to be done in the execution of
his duty, or for the defence of the realm, or for the public
safety, or for the defence of the Colony, or for the enforcement
of discipline, or otherwise in the public interest, by a person
holding office under or employed in the service of the Crown
in any capacity, whether naval, military, air-force, or civil, or
by a person holding office tinder or employed in the service
of the Government of the Colony of Hongkong in any capacity,
or by any other person acting under the authority of a person
so holding office or so employed, or for the recovery of any
sum of money which was acquired by the Government of the
Colony of Hongkong in consequence of any such act, matter
or thing; and if any such proceeding has been instituted
before the commencement of this Ordinance, it shall be
discharged and made void, subject to such order as to costs
as the court or a judge thereof may think fit to -make:

As amended by Law Rev. Ord., 1924,





Provided that nothing in this section shall prevent the
institution or prosecution of any proceedings by or on
behalf of His Majesty or the Government of the Colony of
Hongkong or any Government department:
Provided also that except in cases where a claim for pay-
ment or compensation can be brought under section 4,
nothing in this section shall prevent-

(a) the institution or prosecution of proceedings in respect
of any rights tinder, or alleged breaches of, contract, if the
proceedings are instituted within ond year from the termina-
tion of the war or the date when the cause of action arose,
whichever may be the later;

(b) the institution or prosecution of civil proceedings
founded on negligence in respect of dainage, to person or
property elsewhere than in a foreign country,

(c) the institution or prosecution of civil proceedings in
respect of damage to person or property in any foreign
country, or of the requisitioning of property in any foreign
country, if the consent of the Attorney- General to the institu-
tion or prosecution of the proceedings is obtained, but such
consent shall not be given if the person seeking to institute
or prosecute the proceeding would have had no remedy if
the act complained of had been done in the Colony, or if
other provision has been made by treaty or convention for
the settlement of claims of the class in question;

(d) the institution or prosecution of proceedings respecting
the validity or infringement of a patent.

(2) For the parposess of this section, an action against the
Government which can be brought under the provisions of
Chapter XVIII of the Code of Civil Procedure shall be
deemed to be a legal proceeding, and the proceeding shall
be deemed to be instituted at the date on which the statement
of claim is filed.

(3) For the purposes of this section, a certificate by the,
Colonial Secretary that any act, matter, or thing was done
under the authority of a person so holding office or so
employed as aforesaid, or was done in the execution of a
duty, or for the defence of the realm, or for public safety,
or for the. defence of the Colony, or for thetforcement of
discipline, or otherwise in the public interest, or that any
sum of money was acquired by the Governnient of the Colony





of Hongkong in consequence of any such act, matter, or
thing, shall be sufficient evidence of such authority or duty
or object, and of such act, matter, or thing having been done
thereunder, or in execution thereof, or with such object, or
that such sum of money was acquired by the said Government
in consequence of such act, matter, or thing, and any such
act, matter, or thing shall be deemed to have been done in
good faith unless the contrary is proved.

(4) Nothing in this section shall prejudice or prevent the
institution or prosecution of proceedings for giving effect to
a final judgment given before the passing of this Ordinance
by any court of final resort or by my other court where the
judgment at the passing of this Ordinance is not then the
subject of a pending appeal.

4. Notwithstanding anything in section 3 restricting the
right of taking or prosecuting legal proceedings, any person
not being the subject of a state which has been at war with
His Majesty during the war and not having been a subject
of such a state whilst that state was so at war with His
Majesty, and being the owner of a ship which, or any cargo
space or passenger accommodation in which, has in fact been
either requisitioned or controlled during the war by or for
the Government of the Colony of Hongkong, whether on
behalf of His Majesty's Government or not, shall be entitled
to payment in respect of such requisition or control, and to
compensation for loss or damage to such ship which was
directly due to war risk, in accordance with the following
provisions of this section, but not further or otherwise:-

(1) Payment in respect of such requisition or control shall
be made in accordance with the rates and conditions contained
in the Blue Book Reports, together with any additional pay-
ment which shall have been expressly promised in writing,
or credited to the owner, by or on behalf of the Government
of the Colony of Hongkong.

(2) Compensation shall also be paid in respect of any
ship so requisitioned or controlled for any loss or damage
directly due to war risk during theperiod of requisition or
control, and such compensation shall be calculated on the
ascertained value of the ship, if she shall have been totally
lost, at the time of such loss, or if she shall have been

As amended by Law Rev. Ord., 1924.





injured, on the ascertained value of such injury, and shall
be assessed without taking into account any increase of
market values of tonnage due to the war.

(3) Any such payment or compensation shall be assessed
by the tribunal hereinafter mentioned.

5.-(1) The tribunal for assessing any payment or com-
pensation claimed under this Ordinance shall be appointed
by the Governor by notification in the Gazette and shall
consist of three members and shall be constituted in the
manner following:-

(a) The president of the tribunal shall be such judge as
the judges may mutually arrange.

(b) Of the two other members of the tribunal, one shall be
nominated by the Governor, and the other by the claimant:
Provided that if such claimant fails to -nominate a member,
it shall be lawful for the Governor to appoint a second mem-
ber on his behalf.

(2) Nothing in this Ordinance shall confer on any person
a right to payment or compensation unless notice of the claim
shall have been given to the Registrar of the Supreme Court
within one year from the termination of the war, or the date
when the transaction giving rise to the claim took place,
whichever may be the later.

(3) It shall be lawful for the Chief Justice to make rules
of procedure for the tribunals to be constituted under this
section, whether any such tribunal shall have been constituted
or not: Provided always that, in the absence of any such
rules, the procedure to be followed before any such tribunal
shall be decided by the president of that tribunal.

(4) Any tribunal when constituted under this section shall
have all such powers as are vested in the Supreme Court or
in a judge on the occasion of any action in respect of the
following matters:--

(a) enforcing the attendance of witnesses and examining
them -upon oath or otherwise as it may think fit;

(b) compelling the production of any documents; and

(c) punishing persons guilty of contempt.

(5) The decision of a majority of the members of any
tribunal constituted under this section shall be final:
Provided that the president of the tribunal may in any case,
at his discretion, reserve a point of law for the decision of
the Full Court, and the decision of the Full Court on sii
point of law shall be final.

6. Nothing in the provisions of this Ordinance shall affect
or apply to proceedings in any prim court respecting any
matter within the jurisdiction of the court.
[Originally No. 18 of 1922. Law Rev. Ord., 1924.] Short title. Interpretation. 10 & 11 Geo. 5, c. 48, Schedule, Pt. I. 10 & 11 Geo. 5, c. 48, s. 7(3). Restrictions on the taking or prosecution of certain legal proceedings. 10 & 11 Geo. 5, c. 48, s. 1. [s. 3 contd.] Ordinance No. 3 of 1901. Right to payment or compensation in respect of ships requisitioned or controlled during the war. 10 & 11 Geo. 5, c. 48, s. 2, and Schedule, Part I. Tribunal for assessing payment or compensation. 10 & 11 Geo. 5, c. 48, s. 2. Saving of prize court proceedings. 10 & 11 Geo. 5, c. 48, s. 3.

[Originally No. 18 of 1922. Law Rev. Ord., 1924.] Short title. Interpretation. 10 & 11 Geo. 5, c. 48, Schedule, Pt. I. 10 & 11 Geo. 5, c. 48, s. 7(3). Restrictions on the taking or prosecution of certain legal proceedings. 10 & 11 Geo. 5, c. 48, s. 1. [s. 3 contd.] Ordinance No. 3 of 1901. Right to payment or compensation in respect of ships requisitioned or controlled during the war. 10 & 11 Geo. 5, c. 48, s. 2, and Schedule, Part I. Tribunal for assessing payment or compensation. 10 & 11 Geo. 5, c. 48, s. 2. Saving of prize court proceedings. 10 & 11 Geo. 5, c. 48, s. 3.

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WILD BIRDS ORDINANCE, 1922

No. 15 of 1922.
An Ordinance to make provision for the protection of
certaind wild birds and game.

[1st September, 1922.]

1. This Ordinance may be cited as the Wild Birds Ordi-
nance, 1922.

2. Game and vermi a shall have such meanings as
may be assigned to them for the purposes of this Ordinance
by regulations made under this Ordinance.

3. No person shall -

(1) kill, wound or take any bird other than game and
verinia;

(2) take, remove, injure or destroy any nest or egg of any
such bird;

(3) sell or offer for sale, or knowingly have in his posses-
sion, any such bird or any part of any such bird, killed,
wounded or taken in the Colony after the commencement of
this Ordinance, or the nest or any egg of any such bird,
taken in the Colony after the commencement of this Ordi-
nance; or

(4) export the skin or plumage of any such bird killed,
wounded or taken, or the nest or any egg of any such bird
taken, in the Colony after the commencement of this
Ordinance.

4.-(1) No person shall kill, wound or take any game
without having previously obtained a licence from the
Captain Superintendent of Police.

(2) Every such licence shall be subject to any regulations
or other enactments in force for the time being.

(3) Every such licence may be revoked at any time by the
Captain Superintendent of Police in his discretion, if the
holder thereof commits or attempts to commit any breach of
the provisions of this Ordinance, or of any of the regulations
made thereunder, or of any of the conditions of the said
licence, or shoots to the danger of the public.





5. Within the City of Victoria, as defined by section 39 of
the Interpretation Ordinance, 1911, and within the Peak
District as defined by section 2 of the Peak District Reserva-
tion Ordinance, 1904, and within the Kowloon Peninsula to
the south of a line drawn from Kowloon City Police Station
to. Shanishuipo Police Station, no person shall shoot at any
bird from any place situated within two hundred yards if
any inhabited house.

6. No person shall take, remove, injure or destroy any nest
or egg of any game or knowingly have in his possession any
nest or egg of any game taken in the Colony.

7. During the close season in any year, no person shall
kill, wound or take any such game as may be prescribed by
regulations made under this Ordinance, or knowingly have
in his possession, or sell, or offer for sale, or purchase, or
export, any such game or any part of such gume killed,
Wounded or taken in the Colony during the said close season.

8. When any person is charged with selling or offering
for sale, or knolvingly having. in his possession or exporting

or attempting to export any bird or any part of any bird or
the nest or -,my egg of any bird, it shall be presumed, until
the contrary is proved, that such bird was killed, wounded
or taken, or that such nest or egg was taken, within the
Colony and after the commencement of this Ordinance, and,
in the case of the game mentioned in section 7, that the
killing, wounding or taking in question was effected during
the close season referred to in the said section.

9.-(1) No person shall at any time have in his posses-
sion any live partridge or pheasant taken in the Colony.

(2) During such period in any year as may be prescribed
by regulations made under this Ordinance, no person shall
sell or offer for sale or have in his possession for the
purpose of sale any live partridge or pheasant.

10.-(1) When any offence has been committed against
this Ordinance, any person may require the offender to give
his name, description and place of abode.

(2) If such offender does not truly give his name,
description and place of abode, he shall be guilty of an
offence in addition to that which he shall have been found
committing.





11. Every person who contravenes or attempts to con-
travene any of the provisions of this Ordinance, or of any
of the regulations made thereunder, or who commits a
breach of any condition of any licence issued thereunder
shall upon summary conviction be liable to a fine not
exceeding fifty dollars.

12. If any injury is done to grossring crops by any person,
or by his attendants or dogs, while engaged in the pursuit
of game, such person shall be liable to pay to the owner of
the crops, by way of compensation, such sum of money not
exceeding fifty dollars as a magistrate may determine.

13. Any bird or any part of any bird or the nest or any
egg of any bird in respect of which any person is convicted

under this Ordinance. shall be forfeited.

14. Notwithstanding anything in this Ordinance, the
Governor may by writing under his hand authorise any
person for such time and subject to such conditions as he
thinks fit, for scientific or other purposes, to kill, wound or
take any wild bird or to take or remove the nest or eggs
of any wild bird.

15.-(1) It shall be lawful for the Governor in Council
to make regulations for the following purposes
(a) defining game and vermin for the purposes of
this Ordinance;
(b) determining the form and conditions of the licence
referred to in section 4 and the fee to be paid therefor;

(c) prescribing the close season referred to in section 7,
and specifying such game as shall be protected thereby;

(d) prescribing the period referred to in sub-section (2)
of section 9, during which the sale, offer for sale and
possession for the purpose of sale of live partridges and
pheasants shall 'be prohibited, and extending the applica-
tion of such prohibition to any other birds.

(e) prohibiting the shooting or taking of game or any
particular kind of game within certain specified areas, ana
varying the boundaries of any such areas; and.

(f) generally for the purpose of carrying into effect the
provisions of this Ordinance.





(2) The regulations in the Schedule shall be in force
until altered or amended by regulations made under this
Ordinance.

(3) All regulations made under this Ordinance shall be
laid on the table of the Legislative Council at the first
meeting thereof held after the publication in the Gazette
of the making of such regulations, and if a resolution is
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 regulation shall be
rescinded or amended in any manner whatsoever, the sald
regulation shall, without prejudice to anything done there-
under, bc decined 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.

[ss. 16 and 17, rep. Law Revision Ordinance, 1924.]

SCHEDULE.

Regulations.

1. For the purposes of the Wild Birds Ordinance, 1922-

(a) Game means snipe, woodcock, plover, curlew, teal, wild duck,
wild geese, partridges, quail, pigeons and doves.


(b) Vermin means magpies, kites and hawks of all descriptions.

2. The close season for the purposes of section 7 of the said Ordinance
shall be the period extending in any year from the 1st day of February to
the 15th day of October, both days inclusive, for the protection of partridges
and quail, and the period extending from the 1st day of March to the 15th
day of October, both dayts inclusive, for the protection of doves and pigeons.

3. The period referred to in section 9 (2) of the said Ordinance, during
which the sale,. ofier for sale, and possession for the purpose of sale, of
live partridges and pheasants is probibited shall be the period extending in
any year from the 1st day of April to the 30th day of September, both
days inclusive.





4. No bird of any description other than vermin shall be killed, wounded
or taken in the following area :-

That part of the New Territories situate at or near Fanling which is
bounded by a line drawn from the cross roads near Tai Tau Ling village
south-eastwards to the Chinese Urn Cemetery and continued up the hills to
the 700-feet level, thence following this level westwards to the end of the
ridge and down to the village of Lin Tong Mi, thence to the village of
Tong Kung Ling thence to Kam Tsin Village and thence along the motor
road to the said cross roads.

5. Game licences, the fee for which and the conditions of which shall be
as stated therein, shall be in the following form :-

The wild Birds Ordinance, 1929.

hongkong

GAME LICENCE.

Subject to the provitsions of the Wild Birds Ordinance, 1922. and of tbe,
regulations niade thereunder, permission is hereby granted to Mr .. ............
...............................of to kill and take the
following birds at the times specitied

snipe at any time partridges from 16th
woodcook quail october to 31st
plover january, both
curlew pigions days inclusive
teal doves from 16 th october
wild duck to last day of
wild geese february, both
days inclusive

CONDITIONS.

1. This licence is not transferable.

2. The licensee must carry this licence with him when engaged on or
setting out for, or returning from any shooting expedition, and must
produce it when required to (to so by any magistrate, justice of the peace
or police officer.

3. This licence is valid from the 1st September, 19 , to the 31st
August, 19 , but may be revoked at any time by the Captain Superin-
tendent of police in his discretion, if the said commits
or attempts to commit any breach of the provisions of the said Ordinance,
or of of the regulations made thereunder or of any of the conditions of
this. licence, or stoots,, to the danger of the public.

Fee $10.

Received the fee of $10.

...................
Colonial Treasurer.

Caplain superintendent of Police.

hongkong ................. 19

NOTE-1. So birds of any description, other than those specified in the above
licence, and magpies, kites and hawks, which, being vermin, may be shot at any time
without a licence, may be killed, wounded or taken without a special licence from the
Governor. This prohibition includes PHEASANTS.

NOTE-2. No shooting at birds is permitted within two hundred yards of any
inhabited house in Victoria, the Peak District, and the Kowloon Peninsula south of a line
drawn from Kowloon City Police Station to Shanishnipo Police Station.
NOTE:-3. No birds of any description, except magpies, hawks and kites may be
killed, wounded 6r taken in the following area:-
That part of the New Territories situate at or near Fanling which is bounded by a
line drawn from the cross roads near Tai Tau Ling village south-eastwards to
the Chinese urn Cemetery and continued up the hills to the 700-feet level,
thence following this level westwards to the end of the ridge and down to the
village of Lin Tong Mi, therice, to the village of Tong Kung Ling thence to
Kam Tsin villaps and thence along the motor road to the said cross roads.
NOTE:-4. This licence is subject to any regulation.; or other enactments in force
for the time heing.
Note:-5. This licence may he revoked at any time by the Captain Superintendent
of Police in his discretion, if the holder thereof commits or attempts to commit any
breach of the provisions of the Wild Birds Ordinance, 1922, or of any of the regulations
made thereunder, or of any of the conditions of this licence, or shoots to the danger
of the public.

[Originally No. 15 of 1922. Law Rev. Ord., 1924.] Short title. Interpretation. Protection of birds other than game and vermin. Game licences. Prohibition of shooting at birds in neighbourhood of houses. Ordinances Nos. 31 of 1911, and 4 of 1904. Protection of nests and eggs of game. Close season for certain game. Presumption in case of person charged with being in possession, etc., of bird, nest or eggs. Possession and sale of live partridges and pheasants. Offender to give name, etc. Penalty. Compensation for injury to crops. Forfeiture. Authority for scientific or other purposes. Regulations. Schedule. Game and vermin. Close season. Period during which sale, etc., of live partridges and pheasants is prohibited. Prohibited areas. Game licences.

[Originally No. 15 of 1922. Law Rev. Ord., 1924.] Short title. Interpretation. Protection of birds other than game and vermin. Game licences. Prohibition of shooting at birds in neighbourhood of houses. Ordinances Nos. 31 of 1911, and 4 of 1904. Protection of nests and eggs of game. Close season for certain game. Presumption in case of person charged with being in possession, etc., of bird, nest or eggs. Possession and sale of live partridges and pheasants. Offender to give name, etc. Penalty. Compensation for injury to crops. Forfeiture. Authority for scientific or other purposes. Regulations. Schedule. Game and vermin. Close season. Period during which sale, etc., of live partridges and pheasants is prohibited. Prohibited areas. Game licences.

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RENTS ORDINANCE, 1922

No. 14 of 1922.

an ordinance to extend temproarily the provisions of the
rents ordinance, 1921, with certain amendments.

[16th June, 19222.]

1. This Ordinance may be cited as the Rents Ordinance,
1922.

2. In this Ordinance,
(a) Court means the Supreme Court in. its suminary
jurisdiction.
(b) Domestic tenement includes every bed space,
cubicle, room, portion of a floor, floor, or builaing, which is
the subject of a separate letting, and which is used wholly
or in part for human habitation, and every hotel and board-
ing-house, whether such hotel or boarding-house is held
by the keeper thereof tInder one lease or under more than
one lease, and whether such. hotel or boarding-house is
contained in one building or in more than one building:
Provided that the following shall not be deemed to be
domestic tenements within the meaning of this definition:-

(i) any building or portion of a building which is used
for habitation only by caretakers or watchmen not exceed-
ing two in number;

(ii) any building or portion of a building which is used
for habitation only by office attendants or their families;

(iii) any particular portion of any hotel or boarding-house
which is let by the keeper of such hotel or boarding-house
to a guest of such hotel or boarding-house;
(iv) any premises let bona^ fide as a furnished house or
furnished flat or furnished hotel or furnished boarding-
house.

(v) any building for the time being vested in the
Custodian of Enemy Property, or any part of any such
building.
(c) Lease includes every agreement for the letting of
any domestic tenement, whether oral or in writing.

As amended by No. 8 of 1923 and Law Rev. Ord.; 1924.





(d) Lessee includes a sub-lessee but does not include
the crown lessee.

(e) Lessor includes every person who lets any domestic
tenement to any other person.

(f) The Rents Ordinances, 192l, means the Rents
Ordinance, 1921, the Rents Amendment Ordinance, 1921,
and the Rents Second Amendment Ordinance, 1921.

(g) Standard rent with respect to any domestic tene-
ment means-

(i) if the domestic tenement was actually let on the 31st
day of December, 1920, the rate of rent which was recover-
able from the tenant in actual occupation on the 31st day
of December, 1920; and

(ii) if the domestic tenement was not actually let on the
31st day of December, 1920, but had been let on some pre-
vious date, the rate of rent which was recoverable from the
tenant in actual occupation on the last occasion before the
31st day of December, 1920, on which the domestic tenement
was actually let; and

(iii) if the domestic tenement was not let until after the
31st day of December, 1920, or shall be first let after the
commencement of this Ordinance, the rate of rent at which
the domestic tenement was or shall be first let to a tenant in
actual occupation.

(h) Tenant in actual occupation ineans a lessee of any
domestic tenement who occupies such domestic tenement
himself, or by his family or servants: Provided that-

(i) a lessee of any domestic tenement who ocenpies a
portion of such domestic tenement himself, or by his family
or servants, and who sub-lets other portions of such domestic
tenement, shall be deemed to be the tenant in actual occupa-
tion of such domestic tenement as regards his immediate
lessor, or any person from. or through whom his immediate
lessor derived title;
(ii) a sub-lessee from any such lessee as is referred to in
proviso (i) of any domestic tenement which such sub-lessee
occupies himself, or by his family or servants, shall be
deemed to be the tenant in actnal occupation of such
domestic tenement.





3.-(1) Notwithstanding any agreement to the contrary,
whether rnade before or after the commencement of this
Ordinance, and whether oral or in writing, no rent shall be
recoverable in respect of any domestic tenement, from the
tenant in actual occupation, in excess of the standard rent
of such domestic tenement.
(2) This section shall apply to any rent which became
due after the 18th day of July, 1921, and before the com-
mencement of this Ordinance, and to any rent which shall
become due during the continuance of this Ordinance, what-
ever the period may be in respect of which such rent became
or shall become due.

4.---(1) Notwithstanding any notice to quit, whether
given before or after the commencement of this Ordinance,
and notwithstanding the terms of any agreement whatsoever,
whether made before or after the commencement of this
Ordinance, and whether oral or in writing, an order or judg-
ment against any tenant in actual occupation for the recovery
of possession of any domestic tenement, or for the ejectment
of a tenant therefrom, shall be made or given only if-

(a) the tenant has or shall have failed to pay duly the
standard rent recoverable in respect of his domestic, tene-
inent; or
(b) the tenant has or shall have failed to perform sorne
obligation of his tenancy; or
(c) the tenant or any person residing with him has or
shall have been guilty of conduct which is a nuisanee
or annoyance to adjoining occupiers, or has or shall have
been convicted of using the doniestic tenetnent or allowing
the domestic. tenement to be itsed for an immoral or illegal
purpose, or the condition of the domenie tenement has or
shall have,. in the opinion of the court, deteriorated owing to
acts of waste by or the neglect or dedwilt of the lenant or
any such person ; or

(d) the ten-ant has or shall have given notice in writing to
quit, or has or, shall have agreed in writing to quit, and in
consequence of that notice or agreement the lessor has or
shall have contracted to sell or let the domestic tenement
or has or shall have taken any other steps as a result of

* As amended by No. 8 of 1923.





which he would, in the opinion of the court, be seriously
prejudiced if he could not obtain possession; or

(c) the domestic tenement is reasonably required by the
lessor for occupation as a residence for himself or for his
family, or for any person bona^ fide residing or to reside with
him, or for some person in his whole time employment or in
the whole time employment of some tenant from him, and the
court is satisfied that alternative accommodation, reasonably
equivalent as regards rent and suitability in all respects, is
available; or

(f) the lessor bona^ fide requires possession of the domestic
tenement in order to reconstruct such domestic tenement to
such an extent as to inake such domestic tenement a new
building within the meaning of the Public Health and
Buildings Ordinance, 1903, and shall have given the lessee
three months notice to quit, stating in writing the exact
nature of the reconstruction intended, and shall, prior to the
giving, of any such notice, have obtained a certificate from

the Building Authority (a copy of which certificate shall be
attached to stich notice) to the effect that such intended
reconstruction would have the effect of making such domestic
tenement a new building within the meaning of the Public
Health and Buildings Ordiualice, 1903 : Provided that if
the lessor fails to begin the work of reconstruction within
one month after the lessee shall have given up to the lessor
possession of the domestic tenement, or shall fall to carry
ont the said work with reasonable expedition, the lessor
shall, unless the contrary is proved, be deemed for the
purpose of section 20 to have, in giving such notice, done
an act mala fide with intent to induce the lessee to give up
possession.

(2) If but for this Ordinance, or but for the Rents Ordi-
nances, 1921, any tenancy would have expired by- effluxion
of time, or by reason of a notice to quit, or for any other
reason, so that the tenancy is preserved only by reason of
this Ordinance, or by reason of the Rents Ordinances, 1921,
and this Ordinance, the terms of the tenancy so preserved,
except as they may be modified by this Ordinance, and except
as to the agreed period of tenancy, shall be as far as possible
the same as the terms of the tenancy as it existed immediately
before the time at which, but for this Ordinance, or but for
the Rents Ordinances, 1921, the tenancy would have expired.





(3) At the time of the application for or the making or
giving of any order or judgment for the recovery of posses-
sion of any domestic tenement, or for the ejectment of a
tenant therefrom, or in the case of any such order or judg-
ment which has been made or given, whether before or after
the passing of this Ordinance, and not executed, at any
subsequent time, the court may adjourn the application, or
stay or suspend execution on any such order or judgment,
or postpone the date of possession, for such period or periods
as. it thinks fit, and subject to such conditions (if any) in
regard to payment by the tenant of arrears of rent, rent, or
mesne profits and otherwise as the court thinks fit, and, if
such conditions are complied with, the court may, if.it thinks
fit, discharge or rescind any such order or judgment.

(4) Where any order or judgment has been made or given
before the passing of this Ordinance, but not executed, and,
in the opinion of the court, the order or judgment would not
have been made or given if this Ordinance had been in force
at the time when such order or judgment was made or given,
the court may, on application by the tenant, rescind or vary
such order or judgment in such manner as the court may
think fit.

(5) Where a lessor has obtained an order or judgment for
possession or ejectment on the ground that lie requires a
domestic tenement for his own occupation, and it is subse-
quently made to appear to the court that the order was
obtained by misrepresentation or the concealment of material
facts, the court may order the lessor to pay to the former
tenant such sum as appears sufficient as compensation for
damage or loss sustained by that tenant as the result of the
order or judgment.

(6) Nothing in this Ordinance shall be construed as alfect-
ing the operation of sections 205, 206, 207 or 207A of the
Public Health and Buildings Ordinance, 1903.

5.-(1) Where the rights of any lessee of any building or
buildings, other than the Crown lessee and the tenant in
actual occupation, are affected by the operation of this Ordi-
nance, it shall be lawful for such lessee to apply to the court
for the revision of the rent payable under the lease, and upon
such application the court may makesuch order as it shall
think fit.





(2) It shall be lawful for the court to give such directions
as it shall think fit for the procedure to be followed on such
applications, and for the notice to be given to the other
parties to any such lease, or to their agents.
(3) Pending the decision of the court upon any such
application, the lessee -under any such lease shall be bound
to pay at the due date the rent reserved by such lease, as if
no such application had been made, but if the court shall
order the rent payable to be reduced, the lessee shall be
entitled to recover back from the lessor any anIount paid in
excess of the revised rate of rent in respect of any period
after the commencement of this Ordinance, or to deduct such
amount from any subsequent rent payable under such lease,
and such amount shall be ascertained by apportionment If
necessary.

(4) There shall be no appeal from any decision of the
court under this section except with the leave of the court
or of the Full Court of two judges, and if any appeal is
allowed under this sub-section it shall be to the Full Court
of two judges, whose decision shall befinal.

(5) Any application to the court for leave to appeal against
any decision by it under this section shall be made within
fourteen days after such decision shall have been given, and
any application to the Full Court for leave to appeal under
this section shall be by notice of motion which shall be filed
with the Registrar within fourteen days after the decision of
the court under this section has been given, or, as the case
may be, within fourteen days after the refusal of the court
to-allow an appeal under this section.

6.-(1) If in any civil proceeding any question arises as
to the recovery of possession of any domestic tenement, or
as to the ejectment of a tenant therefrom, or as to the
construction of this Ordinance, such question shall be decided
in the first instance by the court, and there shall be an
appeal as of right from any decision of the court under this
section to the Full Court of two judges, whose decision shall
be final.

(2) An appeal from any decision of the court under this
section shall be by notice of motion which shall be -filed with
the Registrar within fourteen days after such decision shall
have been given.





7. Nothing in this Ordinance shall be construed so. as to
prevent a lessor of a domestic tenement from collecting from
his lessee the rates for the time being payable in respect of
such domestic tenement, or such apportioned sum as shall
properly be attributable to such domestic tenement in respect
of rates, provided that the obligation of paying the rates in
respect of such domestic tenement has not been assumed
by the lessor tinder terms of the tenancy.

8.-(1) In any matter arising under or in consequence of
this Ordinance, any returns made -under the Rating Ordinance,
1901, relating to any domestic tenement, shall be admissible
as evidence of the rent of such doniestic tenement at the
time when such return was made, and any return under the
Rating Ordinance, 1901, which includes such domestic
tenement shall be deemed to relate to such domestic tenement
although such domestic tenement is not treated as a separate
unit in such return.

(2) In any matter arising under or in consequence- of this
Ordinance, any assessment whatsoever made under the
Rating Ordinance, 1901, which may appear to the court to
be relevant shall be admissible in evidence.

(3) Any such return or assessment as is referred to in
sub-sections (1) and (2) may be proved by a certificate under
the hand of the Assessor or Assistant Assessor.

(4) In any matter arising under or in consequence of this
Ordinance, it shall be lawful for the court to order the
production of any books of account or documents whatsoever
if it shall appear to the court that such books of account or
documents may be relevant for the purpose of determining
such matter.

9.-(1) This Ordinance shall not apply to the New
Territories, except New Kowloon.

(2) This Ordinance shall not apply to any entirely new
building in the case of which the certificate referred to in
section 204 of the Public Health and Buildings Ordinance,
1903, shall not have been issued before the 19th day of July,
1921.





10. This Ordinance shall continue in force until, and
including, the 30th day of June, 1924: Provided that it
shall. be lawful for the Legislative Council from time to time
by resolution to extend the duration of this Ordinance for
such term, not exceeding one year at any one time, as may
be specified in such resolution.

11.-(1) Immediately after this Ordinance shall cease to
be in force, any tenant who shall have been in occupation at
the time when this Oxdinance ceases to be in force, shall be
deemed to be holding over lawfully on the tenancy terms on

which he shall have been holding immediately before this
Ordinance ceases to be in force, -and at the standard rent,
unless the lessor shall have given such tenant such notice to
quit, terminating with the termination of this Ordinance, as
would have been, as regards length of notice, a due notice to
quit under the terms of the tenancy if this Ordinance had
not been passed.

(2) The expiration of this Ordinance shall not render
recoverable by a lessor any rent or other sum which during
the continuance thereof ivas irrecoverable, or affect the right
of a lessee to recover any sum which ditring the continuance
thereof was under this Ordinance recoverable by him.

12.-(1) Notwithstanding anything contained in the Rat-
ing Ordinance, 1901, it shall be lawful for the Assessor, in
his absolute discretion, on the application of the owner or
occupier of any tenement, to reduce the valuation of such
tenement in any case in which the rent actually paid in
respect of such tenement shall have been temporarily reduced
in consequence of the operation of this Ordinance.

(2) Such reduced valuation shall apply to the quarter in
which the reduction is made, and, subject to the provisions
of the Rating Ordinance, 1901, with regard to interim valua-
tions, shall continue to be in force while this Ordinance is
in force and until the coining into effect of the first annual
valuation made after this Ordinance shall have ceased to be
in force.
(3) If the valuation of any tenement is reduced under the
provisions of this section, and if the rates in respect of such
tenement for the quarter in which the reduction is made

As amended by No. 8 of 1923. The duration of this Ordinance has been
extended untit and including the 30th June, 1925. See G. N, no. 30,3 of 1924,
As amended by No. 8 of 1923.





shall have been paid to the Treasurer before the making of
such reduction, the Treasurer shall refund the sum by which
the amount of the rates payable under the former valuation
exceeds the amount of the rates payable under the reduced
valuation.

13. If the rent recoverable from the tenant in actual
occupation of any domestic tenement on the 31st day of
December, 1920, either (a) was a rent which had been agreed
upon in writing at some date before the 1st day of January,
1918, or (b) was not higher than the rent recoverable froin
the tenant in actual occupation on the 1st day of January
1918, it shall be lawful for the lessor of such tenement to,
apply to the court to fix such other rent than the standard
rent as the court shall think fit as the rent to be paid in
respect of such tenement during the, continuance of this
Ordinance: Provided that nothing in this section shall affect
any rent which became dne before the commencement of
this Ordinance, and provided that nothing in this section
shall entitle any lessor, during the currency of any written
lease of any domestic tenement for a definite and unexpired
term, to any rent higher than the rent reserved in such lease.

14. In case a lessor of any domestic tenement has expended
or shall expend after the 31st day of December,. 1920, the
sum of five hundred dollars or upwards on additions or
improvements thereto by which in the opinion of the court
the rateable value thereof shall have been or shall be
increased, the court may on application by the lessor for
such purpose order that the rent of such tenement shall be
increased beyond the standard rent by an annual sum equal
to eight per cent. on the arnount so expended by the lessor
on such additions, or improvements: Provided that nothing
in this section shall aflect any rent which became due before
the commencement of this Ordinance.

15. Where the interest of the lessee of a domestic tenement
is determined, either as the result of an order or judgment
for possession or ejectment, or for any other reason, any
sub-lessee to whom the domestic tenement or any part thereof
shall have. been lawfully sub-let, shall, subject to the provisions
of this Ordinance, be deemed to become the tenant of the
lessor on the same terms as he would have held from the
lessee if the tenancy had continued.





16.-(1) No person shall, as a condition or pretended
condition of the grant, renewal, or continuance, by himself
or by any other person of a tenancy of any domestic tenement,
demand pay, ment of any sum of money whatsoever, in addition
to the rent.

(2) every person demanding any payment in contravention
of this section shall upon suminary conviction be liable to a
fine not exceeding one thousand dollars, and the magistrate
by whom such person is convicted may order the amount
paid to be repaid to the person by whorn the same was paid.

(03) This section shall not apply to any fine, premium, or
other like sum, which any person, before the 19th day of
July, 1921, shall have agreed in writing to pay.

17. Where any sum shall, before or after the commence-
ment of this Ordinance, have been paid on account of any
rent, being a surn which is by virtue of this Ordinance or
by virtue of the Rents Ordinances, 1921, irrecoverable by
the lessor, the sum so paid shall be recoverable from the
lessor who received the payment or his legal personal
representative by the lessee by whom, it was paid, and any
such sum may, without prejudice to any other method of
recovery, be deducted by the lessee from any rent, payable
by him to the lessor.

18.-(1) Nothing contained in this Oridinance shall be
deemed to affect the power of transferring actions from the
summary jurisdiction of the Supreme Court to the original
jurisdiction of the Supreme Court conferred by section 28
of the Supreme Court (Summary Jurisdiction) Ordinance,
1873.

(2) Subject to the provisions of sub-section (3), if any
action, to which any of the provisions of this Ordinance
would have applied if such action had not been transferred
to the original jurisdiction of the Supreme Court, is trans-
ferred to the original jurisdiction of the Supreme Court, the
provisions of this Ordinance shall apply, in the further
proceedings in such action, as if there were substituted for
the term. court in this Ordinance the term Supreme
Court in its original jurisdiction except (i) in paragraph
(a) of section 2, and (ii) where the word court forms

As amended by Law Rev. Ord., 1924.





part of the term Full Court , or of the term Supreme
Court .

(3) The special provisions of this Ordinance relating
to appeals shall not apply to any action which is transferred
from the summary jurisdiction of the Supreme Court to the
original jurisdiction of the Supreme Court.

(4) This section shall apply to actions instituted before
the commencement of this Ordinance as well as to actions
instituted after such commencement.

19.-(1) Every person who, without lawful excuse,
applies for a warrant of distress for any amount of rent in
excess of the rent recoverable in accordance with the
provisions of this Ordinance, and every person who, without
lawful excuse, under threat of applying for or executing
a warrant of distress, demands any amount of rent in excess
of the rent recoverable in accordance with the provisions
of this Ordinance, shall upon summary conviction be liable
to a fine not exceeding two hundred and fifty dollars.

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

(a) any sum recovered or obtained from the tenant, by
means of the distress or threatened distress, in excess of the
rent recoverable in accordance with the provisions of this
Ordinance;

(b) any costs recovered or obtained from the tenant by
means of the distress or threatened distress ; and

(c) damages, not-exceeding two hundred and fifty dollars.

20. Every person who shall mala fide do any act what-
soever with intent to induce the lessee of any domestic
tenement to give up possession of such domestic tenement
shall upon summary conviction be liable to a fine not
exceeding one thousand dollars, and shall also be liable in
damages to the lessee for any loss which the lessee may
sustain by reason of such act.





21. Notwithstanding anything contained in this Ordi-
nance, any bond fide notice to quit duly given by a lessor to
a lessee in reliance on the provisions of section 4 (1) (f), or
in reliance on such provisions and on the provisions of
section 22, and given in accordance with the provisions of
the said paragraph, shall operate *so as to bind all sub-lessees
deriving title directly or indirectly from the lessee to whom
such notice shall have been given, and any order or judg-
ment against any such lessee, made or given in consequence
of any sitch notice, for the recovery of possession of any
domestic tenement, and any such order or judgment against
any such lessee for the ejectment of the said lessee there-
from, shall operate so as to bind all sub-lessees deriving title
directly or indirectly from the lessee to whom such notice
shall have been given: Provided that the court shall have.
discretion to suspend temporarily the execution of any such
order or judgment against any particular sub-lessee.

22. If the owner of any domestic tenement agrees to sell
such domestic tenement to a purchaser who bond fide intends
forthwith to pull down such domestic tenement or to recon-
struct such domestic tenement to such an extent as to make
such domestic tenement a new building within the meaning
of the Public Health and buildings Ordinance, 1903, and if
such owner agrees with such purchaser to give the necessary
notices to quit, any notice to quit, given by such owner in
pursuance of such agreement shall enure for the benefit of
such purchaser as if such purchaser had been the owner at
the time when such notice to quit was given and had given
such notice to quit: Provided that nothing in this section
shall relieve such owner from the obligation to state in
writing at the time of giving such notice to quit whether
SUCh purchaser intends to pull down such domestic tene-
ment or to reconstruct such domestic tenement, and in the
latter case to state the exact nature of the reconstruction
intended, and provided also that notwithstanding anything
in this section the lessee shall have, in addition to any
remedies which he may have against such owner, such
remedies against such purchaser as he would have had if
such notice to quit had been given by such purchaser.

23. If the lessee of any domestic tenement is adjudged
bankrupt, neither the said lessee nor his trustee in bank-
ruptcy shall be entitled to claim any right or benefit under

As amended by No. 8 of 1923.





section 4 in respect of the said domestic tenement by virtue
of the tenancy, whether contractual or statutory, under
which the said lessee held immediately before the making
of the, adjudication order.

24. It shall be lawful, for the Governor in Council to
order that the provisions of this Ordinance, or any specified
provision of this Ordinance, shall not apply in the case of
any particular domestic tenement, if he thinks that the
circumstances are sufficiently exceptional, and from the
publication of such order in the Gazette the said provisions
shall not apply to the said domestic tenement so long as
such order remains unrevoked.

25. Every notice given before the commencement of this
Ordinance which would have been valid under the provisions
of the Rents Ordinances, 1921, and which would have been
valid under the provisions of this Ordinance if given after
the commencement of this Ordinance, shall be valid and
effectual for all the purposes of this Ordinance.

26. Notwithstanding anything contained in section 11 of
the Rents Ordinance, 1921, and notwithstanding anythille,
else contained in the Rents Ordinances, 1921, the repeal of
the Plents Ordinances, 1921, shall not have the effect of deter-
mining any tenancy, -and shall not operate so as to enable
any lessor to recover possession of any domestic tenement,
except upon the conditions provided in this Ordinance.
[s. 27, rep Law Revision Ordinance, 1924.]
28. If any lessor of any domestic tenement gives to a
lessee any notice to quit which. purports or appears to be
given under paragraph (f) of section 4 (1), but which falls in
any respect to comply with the provisions of that paragraph,
be shall upon summary conviction be liable to a fine not
exceeding one thousand dollars, unless he proves that the
fallure to comply with the provisions of the said paragraph
was due to a band yide mistake and that he was acting
bond fide throughout.

29. Every lessor who demands or receives more than the
standard rent for any domestic tenement shall, unless he
proves to the satisfaction of the magistrate that he acted
bona^ fide, be liable upon summary conviction to a fine not
exceeding one thousand dollars.

s. 27 repealed the Rents Ordinances, 1921.
As amended by No. 8 of 1923.
[Originally No. 14 of 1922. No. 8 of 1923. Law Rev. Ord., 1924.] Short title. Interpretation. [s. 2 contd.] Ordinance Nos. 13, 25 and 30 of 1921. No rent in excess of the standard rent to be recoverable. Restrictions on the right to possession. 10 & 11 Geo. 5, c. 17, s. 5. [s. 4 contd.] Ordinance No. 1 of 1903. Ordinance No. 1 of 1903. Revision of the rent payable under intermediate leases. Determination of the construction of the Ordinance. Collection of rates not to be affected. Evidence. Ordinance No. 6 of 1901. Application of Ordinance. Ordinance No. 1 of 1903. Duration of Ordinance. Effect of the termination of the Ordinance. Assessor to have power to reduce valuations in certain cases. Ordinance No. 6 of 1901. Court may revise the rent in certain cases. Court may increase rent in case of certain rateable improvements. Sub-lessees to become tenants of the lessor in certain cases. 10 & 11 Geo. 5, c. 17, s. 15(3). Money not to be demanded for the grant, renewal or continuance of tenancies. 10 & 11 Geo. 5, c. 17, s. 8. Recovery of rent by lessee. 10 & 11 Geo. 5, c. 17, s. 14(1). Transfer of actions to the original jurisdiction of the Supreme Court. Ordinance No. 4 of 1873. Distress for rent made irrecoverable by this Ordinance, and demand made under threat of such distress. Prohibition of acts done mala fide with intent to induce a lessee to quit. Notice to quit to bind sub-lessees in certain cases. Notice to quit given by vendor to enure for benefit of purchaser in certain cases. Ordinance No. 1 of 1903. Bankruptcy of lessee. Power to exclude operation of Ordinance. Notice given before the commencement of this Ordinance. Repeal of Rents Ordinances, 1921, not to affect existing tenancies. Lessor who gives an invalid reconstruction notice to be liable to a penalty unless he can prove bona fides. Penalty for demanding or receiving more than the standard rent.

[Originally No. 14 of 1922. No. 8 of 1923. Law Rev. Ord., 1924.] Short title. Interpretation. [s. 2 contd.] Ordinance Nos. 13, 25 and 30 of 1921. No rent in excess of the standard rent to be recoverable. Restrictions on the right to possession. 10 & 11 Geo. 5, c. 17, s. 5. [s. 4 contd.] Ordinance No. 1 of 1903. Ordinance No. 1 of 1903. Revision of the rent payable under intermediate leases. Determination of the construction of the Ordinance. Collection of rates not to be affected. Evidence. Ordinance No. 6 of 1901. Application of Ordinance. Ordinance No. 1 of 1903. Duration of Ordinance. Effect of the termination of the Ordinance. Assessor to have power to reduce valuations in certain cases. Ordinance No. 6 of 1901. Court may revise the rent in certain cases. Court may increase rent in case of certain rateable improvements. Sub-lessees to become tenants of the lessor in certain cases. 10 & 11 Geo. 5, c. 17, s. 15(3). Money not to be demanded for the grant, renewal or continuance of tenancies. 10 & 11 Geo. 5, c. 17, s. 8. Recovery of rent by lessee. 10 & 11 Geo. 5, c. 17, s. 14(1). Transfer of actions to the original jurisdiction of the Supreme Court. Ordinance No. 4 of 1873. Distress for rent made irrecoverable by this Ordinance, and demand made under threat of such distress. Prohibition of acts done mala fide with intent to induce a lessee to quit. Notice to quit to bind sub-lessees in certain cases. Notice to quit given by vendor to enure for benefit of purchaser in certain cases. Ordinance No. 1 of 1903. Bankruptcy of lessee. Power to exclude operation of Ordinance. Notice given before the commencement of this Ordinance. Repeal of Rents Ordinances, 1921, not to affect existing tenancies. Lessor who gives an invalid reconstruction notice to be liable to a penalty unless he can prove bona fides. Penalty for demanding or receiving more than the standard rent.

https://oelawhk.lib.hku.hk/items/show/1351

REGISTRATION OF IMPORTS AND EXPORTS ORDINANCE, 1922

No. 12 of 1922.
An Ordinance to provide for the registration of imports
and exports.
[1st July, 1922]

1. This Ordinance inay be cited as the Registration of
Imports and Exports Ordinance, 1922.

2. In this Ordinance, Superintendent means Superin-
tendent of Imports and Exports and inclades any Assistant
Superintendent.





3.--(1) It shall be lawful for the Governor in Council to
make regulations for the following purposes:


(a) prescribing the conditions under which goods may be
imported into the Colony;

(b) prescribing the conditions under which goods may be
exported out of the Colony

(c) imposing upon importers, exporters, shipowners and
others the duty of furnishing such particulars as may be
prescribed for the compilation of trade returns and statistics.

(2) The regulations in the Schedule shall be in force until
altered or amended by regulations made under this Ordinance.

(3) All regulations made under this Ordinance shall be
laid on the table of the Leuislative Council at the first meeting

thereof held after the publication in the Gazette of the
making of such regulations, and if a resolution is passed at
the first meeting of the Legislative Council held -after such
regulations have been laid on the table of the said Counell
resolving that any such regulation shall be rescinded, or
amended in any manner whatsoever, the said regulation shall,
without prejudice to anything done thereunder, be deemed
to be rescitided, or amended, as the case may be, as from
the date of publication in the Gazette of the passing of such
resolution.

4. Every person who contravenes or fails to comply with
any of the provisions of this Ordinance or of any regulation
made thereunder shall upon summary conviction be liable
to a fine not exceeding two hundred and fifty dollars and to
imprisonment for any term not exceeding six months.

5.--(1) It shall be lawful for any public officer authorised
thereto in writing by the Superintendent of Imports and
Exports, either generally or for a particular occasion, to
enter any place and to board any ship (not being or having
the status of a ship of war), and to open any cargo either on
land or on board ship and to search and take samples of the
contents.

(2) No person shall obstruct any entry, search, or taking
of samples authorised by this section.





6. It shall be lawful for the Superintendent to call on any
person to produce for inspection any books or other documents
that may seem to the, Superintendent necessary for the
verification of any particulars which are required to be
furnished under this Ordinance, and such person shall
thereuponbebolind to produce such documents forthwith
at the office of the Superintendent.

[s. 7, rep. Law Revision Ordinance, 1924.]

SCHEDULE.

REGULATIONS.
1. In these regulations,
(a) Person includes body corporate and a firm.
(b) Public godown keeper means any person who carries on the

business of storing goods for payment.
(c) Ship includes every description of vessel used in navigation.

(d) Ship-owner or owner of a ship includes the igents and
charterers of a ship.
(e) Transhipment cargo means cargo which remains, during all the
time that it is in the Colony, under the control of the ship-owner in his
capacity as such, whether on a through bill of lading or otherwise.
(f) Transit cargo ineans cargo passing through the waters of the
Colony without transhipment.

2. Nothing in these rule,- shall apply to the following
(a) Vransit cargo.
(b) Articles imported or exported by the Colonial Government or the
naval or military authorities.
(c) Ship's stores.
(d) Personal baggage, within the limits of weight carried free under
passage ticket and comprising only articles and goods for personal use or
consumption.
(e) Fresh foodstuffs, ice, and live animals.
(f) Ships and aircraft except when exported or imported as articles of
merchandise.
(g) Articles imported or exported by means of the Post Office..
(A) Travellers samples, if not for sale.
(i) Articles imported from or exported to such particular place or places
as shall be notified from time to time by the Superintendent.

As amended by Law Rev. Ord., 1924.





3.-(1) Every person who imports any article by sea or by rail shall
within seven days after the arrival of the ship or train on which such article
is imported and before taking delivery of such article furnish to the Super-

intendent an accurate and complete import declaration relating to such
article in Form No. 1 in the Appendix.

(2) Together with every such import declaration, such importer shall
produce at the office of the Superintendent either a bill of lading. or a
delivery order, or a railway invoice, or a dqpiieate import declaration, in
respect of the said imported article, and the Superintendent shall then, if
he is satisfied that the import declaration has been correctly fitted in and
that the importation does not infringe any restriction or prohibition imposed
by law on the importation of any class of article, stamp or sign such bill
of lading, delivery order, railway consignment note or duplicate import
declaration in such manner is he may think fit, and return it to the
importer.

(3) in every case where the importer is unable to furnish all the partic-
ulars required at the time of importation, lie may enter under any of the
columns in the said Form No. 1 the words not yet known and the
procedure in paragraph (2) of this regulation shall be followed as though
all the particulars had been furnished ; but in every such case the importer
shall so soon as he has the necessary information furnish to the Superin-
tendent such particulars as bave been omitted.

(4) No imported article shall be delivered by any ship-owner or public
godown keeper, or by any railway official, without the production by the
importer of the bill of lading, delivery order, consignment note or duplicate
import declaration, as the case may be, duly stamped or signed by the
Superintendent: Provided that an imported article may be moved from any
ship or from Kowloon railway station to any public godown without the
production of such document so stamped or signed as aforesaid.

(5) When any article is short-landed, the person who signed the import
declaration relating to such article shall within ten days after the arrival of
the ship notify the Superintendent of such short-landing.


4.-(1) Every person who intends to export any article by sea or rail
shall before exportation furnish to the Superintendent an accurate and
complete export declaration relating to such article in Form No. 2 in the
Appendix.

(2) With every such export declaration, such exporter shall produce
either a shipping order or a railway consignment note or a duplicate export
declaration in respect of the said article, and the Superintendent shall then,
if he is satisfied that the export declaration has been correctly filled in and
that the exportation does not infringe any restriction or prohibition imposed
by law on the exportation of any article or class of article, stamp or sign
such shipping order, railway consignment note, or duplicate export declara-
tion in such manner as he may think fit, and return it to the exporter.

(3) No person shall accept for exportation any article unless the
exporter shall have produced the shipping order, railway consignment
note, duplicate export declaration or duplicate transhipment declaration
duly stamped or signed by the Superintendent.





(4) When any article is short-shipped, the exporter shall within forty-
eight hours of the departure of the ship notify the Superin ten dent of such,
short-shipping.

5. (1) Regulations 3 and 4 of these regulations shall not apply to
transhipment cargo.
(2) In the case of importation or exportation otherwise than by sea or
rail, special arrangements shall he made by the importer or the exporter, as

the case may be, with the Superintendent, before any article is imported or
exported, as the case may be.

6.-(1) The ship-owner who has control of any transhipment clrgo
shall, within seven days after the arrival of such cargo in the Colony and
before re-exporting it, furnish to the Superintendent an accurate and
complete transhipment declaration relating to such cargo in Form No. 3 in
the Appendix.

(2) Every such ship-owner shall, together with the transhipment declara-
tion required by paragraph (1) of this regulation, produce to the Superin-
tendent either a shipping order or a duplicate transhipment declaration, and
the Superintendent shall then, if he is satisfied that the transhipment.
declaration has been correctly filled in, stamp or sign such shipping order
or duplicate transhipment declaration in such manner as he may think fit
and return it to the ship-owner.

7. The owner and master of every ship which arrives within the water.-;
of the Colony shall within forty-eight hours of the arrival of the ship
furnish to the Superintendent an accurate and complete import manifest
containing a statement of all articles imported by such ship with the
following particulars of each article :-
(a) number and description of packages
(b) distinguishing marks or numbers
(c) description of goods
(d) consignor
(e) consignee and
port of destination (if transhipment cargo).

The owner of every ship which leaves the waters of tbe Colony shall
within forty-eight hours after the departure of tbe ship furnish to the
Superintendent an accurate and complete export manifest containing a state-
ment of all articles exportol by such ship with the following particulars
of each article
(a) number and description of packages
(b) distinguishing marks or numbers
(c) description of goods
(d) consignor
(e) consignee
(f) port of destination.





APPENDIX.

Form No. 1. [Reg. 3 (1).]

IMPORT DECLARATION.

S.S ........................................................................................

Date of arrival ...........................................................................
I/we hereby declare that I am/we are the importer(s) of the following articles by

the above-mentioned ship, and that their country of origin * is ...............

................. ...........................................

Date .......................................

Siqnatitre of importer.

..................................................
address

* In case of manufactured articles, this ineans; origin in present condition, not origin
of raw material. Where the country of origin is unknown, the country of shipment
should be given.
This should be given so far as possible in accordance with the published List, of
Articles
C.I.F. at rate of day.





Form No. 2. [Reg. 4 (1).]

EXPORT DECLARATION.

s.s. ......................................................................

Date of sailing .............................................................................
i/we, hereby declare that we are the exporter(s) of the following articles by
the atiove-mentioned ship, and that their ultimate destination is ...............
..........................................



Date .......................................

......................
signature of exporter.

Address.

* This should he given go far as possible in accordance with the published List of
Articles
F.O.B. at rate of day.





Form No. 3.

TRANSHIPMENT DECLARATION.

Arrived by S.S .........................................................................
Date of arrival ............................................
Forwarded by S.S .........................................................................
Date of sailing .............................................................................

I/we declare that wish to traiiship the following articles from
i/we
the first-mentioned ship above. to the seCOnd-mentioned ship above ; that
the said arxicles have been continuously in MY custody as ship's agent(s):
1 our
and that the countries of origin and ultimate destination are

(Origin) .......(Destination)


Date

Signature of trawshipper.

..............
Address.

No. 13 of 1922 incorporated in no. 1 of 1898.
[Originally No. 12 of 1922. Law Rev. Ord., 1924.] Short title. Interpretation. Regulations. Schedule. Penalties. Search. Production of documents. Interpretation. Exceptions. [Schedule contd.] Importation. Appendix. Form No. 1. Exportation. Appendix. Form No. 2. [Schedule contd.] Transhipment cargo. Importation or exportation otherwise than by sea or rail. Transhipment cargo. Appendix Form No. 3. Import manifest. Export manifest. [Schedule Appendix.] [Schedule Appendix contd.] [Schedule Appendix contd.]

[Originally No. 12 of 1922. Law Rev. Ord., 1924.] Short title. Interpretation. Regulations. Schedule. Penalties. Search. Production of documents. Interpretation. Exceptions. [Schedule contd.] Importation. Appendix. Form No. 1. Exportation. Appendix. Form No. 2. [Schedule contd.] Transhipment cargo. Importation or exportation otherwise than by sea or rail. Transhipment cargo. Appendix Form No. 3. Import manifest. Export manifest. [Schedule Appendix.] [Schedule Appendix contd.] [Schedule Appendix contd.]

https://oelawhk.lib.hku.hk/items/show/1350

FORGERY ORDINANCE, 1922

No. 11 of 1922.
An Ordinance to consolidate, simplify, and amend the law
relating to forgery and kindred offences.

[9th June, 1922.]

1. This Ordinmice may be cited as the Forgery Ordi-
nance, 1922.

2.-(1) In this Ordinance,
(a) Bank note includes any note or bill of exchange of
the Bank of England. or Bank of Ireland, or of any other
person, body corporate, or company carrying on the business
of banking in any part of the world, and includes bank bill,
bank post bill, blank bank note, blank bank bill of exchange,
and blank bank post bill.
(b) Die includes any plate, type, tool, chop, or imple-
ment whatsoever, and alto any part of any die, plate, type,
tool, chop, or implement, and any stamp or impression there-
of or any part of such stamp or impression.





(c) ---Document of title to goods includes any bill of
lading, India warrant, dock Warrant, godown warrant, ware-
house keepers certificate, warrant or order for the delivery
or transfer of any goods or valuable thing, bought or sold
note, or any other document used in the ordinary course of
business as proof of the possession or control of goods, or
authorising or purporting to authorise either by indorsement
or by delivery the possessor of such document to transfer or
receive any goods thereby represented or therein mentioned
or referred to.
(d) Document of title to lands ineltides any deed, map,
roll, register, or instrument in writing being or containing
evidence of the title or any part. of the title to any land or
to any interest in or arising out of any land, or any authen-
ticated copy thereof.
(e) Revenue paper means any paper provided by, the
proper authority for the purpose of being used for stamps,
licences, permits, Post Office money orders, or postal orders,
or for any purpose whatever connected with the public
revenue.
(f) Seal includes any stamp or impression of a seal or
any stamp or impression made or apparently intended to
resemble tbe stamp or impression or a seal, as well as the
seal itself.
(g) Stamp includes a stamp impressed by means of a
die as well as an adhesive stamp.
(h) Valuable security includes any writing entitling or
evidencing the title of any person to any share or interest
in any public stock, annuity, fund, or debt of any part of
His Majesty's dominions or of any foreign state, or in any
stock, annuity, fund, or debt of any body corporate, com-
pany, or society, whether within or without His Majesty's
dominions, or to any deposit in any bank, and also includes
any scrip, debenture, bill, note, warrant, order, or other
security for the payment of money, or any accountable
receipt, release, or discharge, or any receipt or other instru-
ment evidencing the payment of money, or the delivery of
any chattel personal.

(2) References in this Ordinance to any Act in force in
the United Kingdom at the commencement of this Ordinance
shall be held to include a reference to that Act as amended,
extended, or applied by any other Act.





3.-(1) For the purposes of this Ordinance, forgery is. the
making of a false document in order that it may be used as
genuine, and in the case of the seals and dies mentioned in
this Ordinance the counterfeiting of a seal or die, and
forgery with intent to defraud or deceive, as the case may
be, is punishable as in this Ordinance provided.

(2) A document is false within the meaning of this Ordi-
nance if the whole or any material part thereof purports to
be made by or on behalf or. on account of a person who did
not make it nor authorise its making; or if, though made
by or on behalf or on account of the person by whom or by
whose authority it purports to have been made, the time or
place of making, where either is material, or, in the case of
a document identified by number or mark, the number or
any distinguishing mark identifying the document, is falsely
stated therein and in particular a document is false:-

(a) if any material alteration, whether by addition, inser-
tion, obliteration, erasure., removal, or otherwise, has been
made therein;

(b) if the whole or some material part of it purports to be
made by or on. behalf of a fictitious or deceased person;

(c) if, though made in the name of an existing person, it
is made by him or by his authority with the intention that
it should pass as having been made by some person, real or

fictitious, other than the person. who made or authorised it.

(3) For the purposes of this Ordinance,-

(a) it is immaterial in what language a document is
expressed or in what place within or without His Majesty's
dominions it is expressed to take effect;

(b) forgery of a document may be complete even if the
document when forged is incomplete, or is not or does not
purport to be such a document as would be binding or
sufficient in law; and

(c) the crossing on any cheque, draft bn a banker, Post
Officenioney order, postal order, coupon, or other document
the crossing of which is authorised or recognised by law,
shall be a material part of such cheque, draft, order, coupon,
or document.





4.-(1) Forgery of the following documents, if committed
with intent to defraud, shall be felony andpunishable with
imprisonment for life:-

(a) any will, codicil, or other testamentary document,
either of a dead or of a living person, or any probate or
letters of administration, whether with or without the will
annexed;

(b) any deed or bond, or any assigninent at law or in
equity of any deed or bond, or any attestation of the execution
of any deed or bond;

(c) any bank note, or any indorsement on or assignment
of any bank note.

(2) Forgery of the following documents, if committed with
intent to defraud, shall be felony and punishable with
imprisonment for any term not exceeding fourteen years:--

(a) any valuable security or assignment thereof or indorse-
ment thereon, or, where the valuable security is a bill of
exchange, any acceptance thereof;

(b) any document of title to lands or any assignment there-
of or indorsement thereon;

(c) any documeht of title to goods or any assignment
thereof or indorsement thereon;

(d) any power of attorney. or other authority to transfer
any share or interest in any stock, animity, or public fund
of the United Kingdom or any part of his Majesty's dominions
or of any foreign state or country or to transfer any share or
interest in the debt of any public body, company, or society,
British or foreign, or in the capital stock of any such company
or society' or to receive any dividend or money payable in
respect of such share or interest or any attestation of any
such power of attorney or other authority;

(e) any entry in any book or register which is evidence
of the title of any person to any share or interest herein-
before mentioned or to any dividend or interest payable in
respect thereof

(f) any policy of insurance or any assignment thereof or
indorsement thereon;
(g) any charter party or any assignment thereof;





(h) any declaration, warrant, order, affidavit, affirmation,
certificate, or other document required or authorised to be
made by or for the purposes of the Government Annuities
Act, 1829, or the Government Annuities Act, 1832, or by
the National Debt Commissionersacting under the authority
of the said Acts;

(J) any certificate, certificate of valuation, sentence or
decree of condemnation or restitution, or any copy of such
sentence or decree, or any receipt required by the Slave
Trade Acts.

5.-(1) Forgery, of the following documents, if committed

with intent to defraud or deceive, shall be felony, and
punishable with imprisonment for life:-
Any document whatsoever having thereupon or affixed
thereto the stamp or impression of the 0Treat Seal of the
United Kingdom, His Majesty's Privy Seal, any privy signet
of His Majesty, His Majestys Royal Sign Manual, any of His
Majesty's seals appointed by the twenty-fourth Article of
the Union between England and Scotland to be, kept, used,
and continued in Scotland, the Great Seal of Ireland, the
Privy Seal of Ireland or the public seal of the Colony.
(2) Forgery of the following documents, if committed with

intent to defraud or deceive, shall be felony, and punishable
with imprisonment for any term not exceeding, fourteen
years:-
(a) any register or record of births, baptisms, namings,
dedications, marriages, deaths, burials or cremations, which
now is, or hereafter may be, by law authorised or required
to be kept in the Colony, relating to any birth, baptism,
naming, dedication, marriage., death, burial, or cremation, or
any part of any such register, or any certified copy of any
such register, or of any part thereof;

(b) any copy of any register of baptisnis, marriages,
burials, or cremations, directed or required by law to be
transmitted to any registrar or other officer;

(c) any register of the birth, baptism, death, burial, or
cremation of any person to be appointeda nominee under the
provisions of the Government Annuities Act, 1829, or any
copy or certificate of any such register, or the name of any
witness to any such certificate;





(d) any wrapper or label provided by or under the authority
of the Governor or the head of any department of the
Governmentof the Colony.

(3) Forgery of the following documents, if committed with
intent to defraud or deceive, shall be felony, and punishable
with imprisonment for any term not exceeding seven years:--

(a) any official document whatsoever of or belonging to
any court of justice, or made or issued by any judge,
magistrate, officer, or clerk of any such court;

(b) any register or book kept under the provisions of any
law in or under the. authority of any court of justice;

(c) any certificate, office copy, or certified copy of any such
document, register, or book or of any part thereof.

(d) any document which any magistrate is anthorised or
required by law to make or issue;

(e) any docurnent which any person an thorised to adminis-
ter an oath mider the commissioners for Oaths Act, 1889,
is -authorised or required by law to make or issue;

(f) any document made or issued by an officer of state or
law officer of the Crown, or any document upon which, by-
the law or usage at the time in force, any court of justice or
any officer might act;

(g) any document or copy of a document -used or intended
to be used in evidence in any court of record, or any document
which is made evidence by law;
(h) any certificate required any enactment for the
celebration of marriage;

(i) any licence for the celebration of marriage which may
be given by law;

(j) any certificate, declaration, or order under any enact-
ment relating to the registration of births or deaths ;

(k) any register book, builder's certificate, surveyor's
certificate, certificate of registry, declaration, bill of sale,
instrument of mortgage, or certificate of mortgage or sale
under Part I of the Merchant. Shipping Act, 1894, or any
entry or indorsement required by the said Part of the said
Act to be made in or on any of those documents;





(1) any permit, certificate, or similar document made or
granted by or under the authority of the Governor or the
head of any department of the Government of the Colony.

6-(1) Forgery of any document, which is not made felony
under this or any other enactment for the time being in force,
if committed with intent to defraud, shall be a misdemeanor
and punishable with imprisonment for any term not exceeding
three years.

(2) Forgery of any public document which is not made
felony under this or any offier enactment for the time being
in force, if committed with intent to defratid or deceive, shall
be a misdemeanor and punishable with imprisonment for
any term not exceeding three years.

7.-(1) Forgery of the following seals, if cominitted
with intent to defraud or deceive, shall be felony and
punishable with penal servitude for life:-

(a) the Great Seal of the United Kingdom, His Majesty's
Privy Seal, any privy signet of His Majesty, His Majesty's
Royal Sign Manual, any of His Majesty's seats appointed by
the twenty-fourth Article of the Union between England
and Scotland to be kept, used, and continued in Scotland,
the Great Seal of Treland., the Privy Seal of Treland, or the
public seal of the Colony;

(b) the seal of any court of record.

(2) Forgery of the following seals, if committed with
intent to defraud or deceive, shall be felony, and punishable
with imprisonment for any term not exceeding fourteen
years :-
(a) the seal of any register office relating to births,
baptisms, marriages, or deaths;

(b) the seal of or belonging to any office for the registry
of deeds or titles to lands.

(3) Forgery of the following seal, if committed with
intent to defraud or deceive, shall be felony and punishable
with imprisonment for any term not exceeding seven
years:-

the seal of any court of justice other than a court of
record.





(4) Forgery of the following seals or dies, if committed
with intent to defraud or deceive, shall be felony and
punishable with imprisonment for any term not exceeding
seven. years :-
(a) any seal or die provided, made, or used by or under
the authority of the Governor or the head of any department
of the Government of the Colony;
(b) any seal or die provided, made or used by any person,
firm or company for the purpose of the affairs of such
person, firm or company.

8.-(1) Every person who utters any forged document,
seal, or die shall be guilty of an offence of the like degree
(whether felony or misdemeanor) and on conviction thereof
shall be liable to the same punishment as if he himself had
forged the document, seal, or die.

(2) A person utters a forged document, seal, or die, who,
knowing the same to be forged, and with either of the
intents necessary to constitute the offence of forging the
said document, seal, or die, uses, offers, publishes, delivers,
disposes of, tenders in payment or in exchange, exposes
for sale or exchange, exchanges, tenders in evidence, or
puts off the said forged docunie nt, seal, or die.

(3) It is immaterial where the-document, seal, or die, was
forged.

9. Every person shall be guilty of felony and on con-
viction thereof shall be liable to imprisonment for any term
not exceeding fourteen years, who, with intent to defraud,
demands, receives, or obtains, or causes or procures to be
delivered, paid or transferred to any person, or endeavours
to receive or obtain or to cause or procure to be delivered,
paid or transferred to any person any money, security for
money or other property, real or personal-

(1) under, upon, or by virtue of any forged instrument
whatsoever, knowing the same to be forged; and

(2) under, upon, or by virtue of any probate or letters of
ad ministration, knowing the will, testament, codicil, or
testamentary writing on which such probate or letters of
administration shall have been obtained to have been
forged, or knowing such probate or letters of administration
to have been obtained by any false oath, affirmation, or
affidavit.





10.-(1) Every person shall be guilty of felony and on

conviction thereof shall be liable to imprisonment for any
term not exceeding fourteen years, who without lawful a

authority or excuse purchases.or -receives from any person,
or has in his custody or possession, a forged bank note,
knowing the same to be forged.

(2) Every person shall be guilty of felony and on convic-
tion thereof shall be liable to imprisonment for any term not
exceeding seven years, who, without lawful authority or
excuse and knowing the same to be forged, has in his custody
or possession any forged seal or die the forgery of which
with intent to defraud or deceive is inade punishable by
section 7.

Every person shall be guilty of felony and on convic-
tion thereof shall be liable to imprisonment for any term not
exceeding seven years, -who without lawful authority or
excuse-

(a) makes, uses, or knowingly has in his custody or
possession any paper intended to resemble and pass as-

(i) special paper such as is provided and used for making
any bank note;

(ii) revenue paper.

(b) makes, uses, or knowingly has in his custody or
possession, any frame, mould, or instrument for making such
paper, or for producing in or on such paper any words,
figures, letters, marks, lines, or devices peculiar to and used
in or on any such paper;

(c) engraves or in anywise makes upon any plate, wood,
stone, or other material, any words, figures, letters, marks,
lines, or devices, the print whereof resembles in whole or in
part any words, figures, letters, marks, lines, or devices
peculiar to and used in or on any bank note, or in or on any
document entitling or evidencing the title of any person to
anv share or interest in any public stock, annuity, fund, or
debt of any part of His Majesty's dominions or of any foreign
state, or in any stock, annuity, fund, or debt, of any body
corporate, company, or society, whether within or without
His Majesty's dominions

As amended by Law Rev. Ord., 1924.





(d) uses or knowingly has in his custody or possession
any plate, wood, stone, or other material, upon which any
such words, figures, letters, marks, lines, or devices, have.
been engraved or in anywise made as aforesaid;

(e) uses or knowingly has in his custody or possession
any paper upon which any such words, figures, letters,
marks. lines, or devices have been printed or in anywise
made as aforesaid.

12. Every person who knowingly and wilfully aids, abets,
counsels, causes, procures, or cominands the commission of
an offence punishable -under this Ordinance shall be liable
to be dealt with, indicted, tried, and punished as a principal
offender.

13.-(1) On conviction of a misdemeanor punishable
under this Ordinance, the couirt or magistrate, instead of or
in addition to any other punishment which may be lawfully
imposed, may fine the offender.

(2) On conviction of a felony punishable under this Ordi-
nance, the court or magistrate, in addition to imposing a
sentence of imprisonnient, may require the offender to enter
into his own recognizances, with or without sureties, for
keeping the peace and being of good behaviour.

(3) On conviction of a misdemeanor punishable under
this Ordinance, the court or magistrate, instead of or in
addition to any other punishment which. may lawfully be
imposed for the offence, may require the offender to enter
into his own. recognizances, with or without sureties, for
keeping the peace and being of good behaviour.

(4) No person shall be imprisoned under this section for
more than one year for not finding sureties.

14. Where the having any document, seal, or die in the
51custody or possession of any person is in this Ordinance
expressed to be an offence, a person shall be deemed to have
a document, seal or die in his custody or possession if he-

(1) has it in his personal custody or possession; or

As amended by Law Rev. Ord., 1924.





(2) knowingly and wilfully has it in the actual custody or
posssession of any other person, or in any building, lodging,
apartment, field, or other place,. whether open or inclosed,
and whether occupied by himself or not.

It is immaterial whether the document, matter, or thing is
had in such custody, possession, or place for the use of such
person or for the use or benefit of another person.

15.-(1) If it shall be made to appear by information on
oath before a magistrate that there is reasonable cause to
believe that any person has in his custody or possession
without lawful authority or exclise-

(a) any bank note; or

(b) any implement for making paper or Imitation of the
paper used for bank notes; or

(c) any material having thereon any words, forms, desices,
or chara7eters capable of producing or intended to produce
the impression of a bank note; or
(d) any forged document, seal, or die; or

(c) any machinery, implement, utensil, or material used or
intended to be used for the forgery of any document,

the magistrate may grant a warrant to search for the same;
and if the same shall be found on search, it shall be lawful
to seize it and carry it before a magistrate to be by him
disposed of according to law.

(2) Every document,' seal or die lawfully seized under
such warrant shall be defaced and destroyed or otherwise
disposed of-
(a) by order of the court or magistrate before which the
offender is tried; or

(b) if there be no trial, by order of a magistrate.

16.-(1). In an indictment or information for an offence
against this Ordinance with reference to any document, seal,
or die, it is sufficient to refer to the document, seal, or die
by any name or designation by which it is usually known,
or by its purport, without setting out any copy or facsimile
of the whole or any part of the document, seal, or die.

(2) Where an intent to defraud or an intent to deceive is
one, of the constituent elements of an offence ptinishable
under this Ordinance, or under any other enactment relating
to forgery or any kindred offence for the time being in force,
it shall not be necessary to prove and intent to defraud or
deceive, any particular person; and it shall be sufficient to
prove that the defendant did the act charged with intent to
defraud or to deceive, as the ease may require.

(3) If any person who is a rnember of any co-partnership,
or is one of two or more beneficial owners of any property,
forges any doctiment, matter, or thing with intent. to def raxid
the co-partnership or the other beneficial owners, he is
liable to be dealt with, indicted, tried, and ponished as if
he had not been or was not a member of the co-partnership,
nor one of such beneficial owners.

17.---(1) where an offence against this Ordinance also by
virtue of some other enactment sobjects the offender to any
forfeiture or disqualication, or to any penalty other than
imprisonment or fine, the liability of the offender to punish-
ment under this Ordinance shall be in addition to and not
in substitution for his liability under such other enactment.
(2) Where an offence against this Ordinance is also an
offence under the term-, of any other Ordinance, whether
passed before or after the commencement of this Ordinance,
proceedings may be taken either under such other Ordinance
or under this Ordinance.
[s. 18, incorporated in No. 4 of 1865; s. 19, incorporated
in No. 2 of 1889 ; s. 20 and Schedide, repealed by
Law Revision Ordinance, 1924.]
[Originally No. 11 of 1922. Law Rev. Ord., 1924.] Short title. Interpretation. 3 & 4 Geo. 5, c. 27, s. 18. [s. 2 contd.] Definition of forgery. 3 & 4 Geo. 5, c. 27, s. 1. Forgery of certain documents with intent to defraud. 3 & 4 Geo. 5, c. 27, s. 2. 10 Geo. 4, c. 24. 2 & 3 Will. 4, c. 59. Forgery of certain documents with intent to defraud or deceive. 3 & 4 Geo. 5, c. 27, s. 3. 10 Geo. 4, c. 24. [s. 5 contd.] 52 Vict.c. 10. 57 & 58 Vict.c. 60. Forgery of other documents with intent to defraud or to deceive a misdemeanor. 3 & 4 Geo. 5, c. 27, s. 4. Forgery of seals and dies. 3 & 4 Geo. 5, c. 27, s. 5. Uttering. 3 & 4 Geo. 5, c. 27, s. 6. Demanding property on forged documents, etc., 3 & 4 Geo. 5, c. 27, s. 7. Possession of forged documents, seals, and dies. 3 & 4 Geo. 5, c. 27, s. 8. Making or having in possession paper or implements for forgery. 3 & 4 Geo. 5, c. 27, s. 9. Accessories and abettors. 3 & 4 Geo. 5, c. 27, s. 11. Punishments. 3 & 4 Geo. 5, c. 27, s. 12. Criminal possession. 3 & 4 Geo. 5, c. 27, s. 15. Search warrants. 3 & 4 Geo. 5, c. 27, s. 16. Form of indictment and proof of intent. 3 & 4 Geo. 5, c. 27, s. 17. Savings. 3 & 4 Geo. 5, c. 27, s. 19.

[Originally No. 11 of 1922. Law Rev. Ord., 1924.] Short title. Interpretation. 3 & 4 Geo. 5, c. 27, s. 18. [s. 2 contd.] Definition of forgery. 3 & 4 Geo. 5, c. 27, s. 1. Forgery of certain documents with intent to defraud. 3 & 4 Geo. 5, c. 27, s. 2. 10 Geo. 4, c. 24. 2 & 3 Will. 4, c. 59. Forgery of certain documents with intent to defraud or deceive. 3 & 4 Geo. 5, c. 27, s. 3. 10 Geo. 4, c. 24. [s. 5 contd.] 52 Vict.c. 10. 57 & 58 Vict.c. 60. Forgery of other documents with intent to defraud or to deceive a misdemeanor. 3 & 4 Geo. 5, c. 27, s. 4. Forgery of seals and dies. 3 & 4 Geo. 5, c. 27, s. 5. Uttering. 3 & 4 Geo. 5, c. 27, s. 6. Demanding property on forged documents, etc., 3 & 4 Geo. 5, c. 27, s. 7. Possession of forged documents, seals, and dies. 3 & 4 Geo. 5, c. 27, s. 8. Making or having in possession paper or implements for forgery. 3 & 4 Geo. 5, c. 27, s. 9. Accessories and abettors. 3 & 4 Geo. 5, c. 27, s. 11. Punishments. 3 & 4 Geo. 5, c. 27, s. 12. Criminal possession. 3 & 4 Geo. 5, c. 27, s. 15. Search warrants. 3 & 4 Geo. 5, c. 27, s. 16. Form of indictment and proof of intent. 3 & 4 Geo. 5, c. 27, s. 17. Savings. 3 & 4 Geo. 5, c. 27, s. 19.

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MERCHANT SHIPPING (ALIENS EMPLOYMENT) ORDINANCE, 1922

No. 8 of 1922.
An Ordinance to restrict the employinent of aliens and of
former enemy aliens on certain Britisli ships reg-
istered in the Colony of Hongkong.
[24th March, 1922.]

1. This Ordinance may be cited as the Merchant Shipping
(Aliens Employment) Ordinance, 1922.

As amended by Law Rev. Ord., 1924.





2. In this Ordinance, former enemy alien means an
alien who is or at any time has been a subject or citizen
of the Gerinan Empire or ally component state. thereof, or
of Austria, Hungary, Bulgaria, or Turkey, except-

any former subject of the german empire or any
component state thereof, or of Austria, Hungary, Bulgaria

or Turkey, who has changed his allegiance as a result of
the recognition of new states or territorial rearrangements,
and

(2) any former subject or citizen of the German empire
or any component state thereof, or of Austria, hungary
Bulgaria or Turkey, who has been naturalized in any other
foreign state or in any British possession in accordance
with the laws thereof and when actually resident therein,
ancl who, by virtue of such naturalization or otherwise, has
lost the nationality of the former enemy state of which he was
originally a national.

&-(1) No alien shall act as master, chief officer, or chief
engineer of a British ship of over sixty tons itet register
tonnage registered' in the Clolony : Provided that this
prohibition shall not apply to ally person who holds a valid
certificate of exemption granted by the Governor in Council
and who complies with the conditions, if any, attached to
such exemption, or to any alien who has acted as a master,
chief officer, or chief engineer of a British ship at any time
during the war and who is certified by the Admiralty to have
performed good and faithful service in that capacity.

(2) No alien shall act in any capacity on boarel a British
ship of over sixty tolls net register tounage registered in
the Colony unless he has produced to the officer before whom
he is engaged satisfactory proof of his nationality.

4. No former enemy alien shall act as master, officer,
or member of the crew of a British ship registered in the
Colony.
5. Every person who engages an alien or a former enemy
alien within the Colony for employment on a British ship
in contravention of the provisions of this Ordinance shall
also be guilty of an offence against this Ordinance, and

where the person guilly of an offence is a company, every

director and officer of the company shall be guilty of the
like offence unless he proves that the act constituting the
offence took place without his consent or connivance.

6. Every person who is guilty of an offence against this
Ordinance shall upon summary conviction be liable to a
fine not exceeding one thousand dollars or to imprisonment
for any term not exceeding six months.
[Originally No. 8 of 1922.] Short title. Interpretation. 9 & 10 Geo. 5, c. 92, s. 15. Employment of aliens in British ship. 9 & 10 Geo. 5, c. 92, s. 5. Employment of former enemy aliens in British ships. 9 & 10 Geo. 5, c. 92, s. 12. Persons engaging aliens or former enemy aliens for employment in contravention of the Ordinance. Penalties.

[Originally No. 8 of 1922.] Short title. Interpretation. 9 & 10 Geo. 5, c. 92, s. 15. Employment of aliens in British ship. 9 & 10 Geo. 5, c. 92, s. 5. Employment of former enemy aliens in British ships. 9 & 10 Geo. 5, c. 92, s. 12. Persons engaging aliens or former enemy aliens for employment in contravention of the Ordinance. Penalties.

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EMERGENCY REGULATIONS ORDINANCE, 1922

No. 5 of 1922.

An ordinance to confer on the Governor in Council poicer
to make regulations on occasions of emergency or
public danger.
[28th February, 1922.]

1. This Ordinance may be cited as the Emergency Regula-
tions Ordinance, 1922.

2.-(1) On any occasion which the Goveinor in Council
may consider to be an occasion of emergency or public
danger, he may make any regulations whatsoever which he
may consider desirable in the public interest.

(2) Without prejudice to the generality of the provisions
of sub-section (1), such regulations may be made with regard
to any matters coming within the classes of subjects herein-
after enumerated, that is to say :-

(a) censorship, and the control and suppression of publica-
tions, writings, maps, plans, photographs, communications,
and means of communication;

(b) arrest, detention, exclusion, and deportation;



* As amended by Law Rev. Ord., 1924,
(c) control of the harbours, ports, and territorial water., of
the Colony, and the movements of vessels ;

(d) transportation by land, air, or water, and the control
of the transport of persons and things;

(e) trading, exportation, importation, production, and
manufacture;

(f) appropriation, control, forfeiture and disposition of
property, and of the use thereof.

(g) conferring powers on public officers and others

(h) requiring persons to do work or render services; and

(i) providing for compensation, if any, to be paid for work
done or services rendered, or in respect of rights affected, in
consequence of the provisions of any regulations made under
this Ordinance, and for the determination of such compensa-
tion.
(3) Any regulations made under the provisions of this
section shall continue in force until repealed by order of the
Governor in Council.

3. Every person who contravenes any regulation made
under this Ordinance shall upon summary conviction be
liable to a fine not exceeding one thousand dollars and to
imprisonment for any term not exceeding one year.
[Originally No. 5 of 1922. Law Rev. Ord., 1924.] Short title. Power to make regulations. Penalties.

[Originally No. 5 of 1922. Law Rev. Ord., 1924.] Short title. Power to make regulations. Penalties.

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JUDGMENTS (FACILITIES FOR ENFORCEMENT) ORDINANCE, 1921

No. 32 of 1921.

An Ordinance to facililtate the reciprocal enforcement of
judgments and awards in the Colony of Hongkong
and in other parts of His Majesty's dominions and in
certain other territories.
[30th December, 1921.]
1. This Ordinance may be cited as the Judgments
(Facilities for Enforcement) Ordinance, 1921.
Part II of the Administration of Justice Act, 1920, (10 & 11 Geo. 5, C. 81) was
extended to Hongkong by Order of His Majesty in Council, dated the 1st day of
April, 1922, published in the Hongkong Government Gazette of the 26th day of
May, 1922.





2.-(1) In this Ordinance,

(a) Judgment means any judgment or order given or
made by a court in any civil proceedings, whether before
or after the passing of this Ordinance, whereby any sum of
money is made payable, and includes an award in proceed-
ings on an arbitration if the award has, in pursuance of the
lam, in force in the place where it was made, become enforce-
able in the same manner as a judginent given by a court in
that place.

(b) Judgment creditor means the person by whom the
judgment was obtained, and incluides the successors and
assigns of that person.

(c) Judgment debtor means the person against whom
the judgment is given, and includes any person against
whom the judgment is enforceable in the place where it was
given.

(d) Original coart in relation to any judgment means
the coart by which the judgment was given.

(2) Subject to any rules that inay be made by the Chief
Justice under section 5, any of the powers conferred by this
Ordinance on the Supreme Court may be exercised by any
judge thereof.

3.-(1) Where a judgment has been obtained in a superior
court in the United Kingdom, the judgment creditor may
apply to the Supreme Court at any time within twelve
months after the date of the jud gment, or such longer period
as may be allowed by the Supreme Court, to have the judg-
ment registered in the Supreme Court, and on any such
application the Supreme Court may, if in all the circum--
stances of the case it thinks it is just and convenient that the
judgment should be enforced in the Colony, and subject to
the provisions of this section, order the judgment to be
registered according

(2) No judgment shall be ordered to be registered under
this section if-
(a) the original court acted without jurisdiction; or

As amended by Law Rev. Ord., 1924.





(b) the judgment debtor, being a person who was neither
carrying on business nor ordinarily resident within the
jurisdiction of the original court, did not voluntarily appear
or otherwise submit or auree to submit to the jurisdiction of
that court ; or

(c) the judgment debtor, being the defendant in the
proceedings, was not duly served with the process of the
original court and did not appear, notwithstanding that he
was ordinarily resident or was carrying on business within
the jurisdiction of that court or agreed to submit to the
jurisdiction of that court; or

(d) the judgment was obtained by fraud ; or

(e) the judgment debtor satisfies the registering court
either that an appeal is pending, or that he is entitled and
intends to appeal, against the judgment; or

(f) the judgment was in respect of a cause of action which
for reasons of public policy or for some other similar reason
could not have been entertained by the Supreme Court.

(3) Where a judgment is registered under this section-

(a) the judgment shall, as from the date of registration,
be of the same force and effect, and proceedings may be
taken thereon, as if it had been a judgment originally
obtained on the date of registration in the Supreme Court -,

(b) the Supreme Court shall have the same. control and
jurisdiction over the judgment as it has over similar judgments
given by itself, but in so far only as relates to execution
under this section;

(c) the reasonable costs of and incidental to the registration
of the judgment (including the costs of obtaining a certified
copy thereof from the original court and of the application
for registration) shall he recoverable in like manner as if
they were sums payable under the judgment.

(4) The rules which it shall be lawful for the Chief Justice
to make under section 5 shall provide-

(a) for service on the judgment debtor of notice of the
registration of a judgment under this section; and





(b) for enabling the Supreme Court on an application by
the judgment debtor to set aside the xegistration of a
judgment under this section on such terms as the court thinks
fit; and

(c) for suspending the execution of a judgment registered
under this section until the expiration of the period during
which the Judgment debtor may apply to have the registration
set aside.

(5) In any action brought in the Supreme Court on any
judgment AvIllch might be ordered to be registered onder
this section, the plaintiff shall not be entitled, to recover any
costs of the -action unless an application to register the
judgment under this section has previously been refused, or
unless the Supreme Court otherwise orders.

4. Where a judgment has been obtained in the Supreme
Court against any person, the Supreine Court shall, on an
application made by the judgment creditor and on proof that
the judgment debtor is resident in the United Kingdom,
issue to the judgment debtor a certified copy of the judgment.

5. It shall be lawful for the Chief Justice to make rules
for regulating the practice and procedure (Including scales
of fees and evidence) in respect of proceedings of any kind
mider this Ordinance: Provided always that no such rules
shall be binding until the same have been approved by the
Legislative Council and have been published in the Gazette.

6.-(1) Where the Governor is satisfied that reciprocal
provisions have been made by the legislature of any part of
His Majesty's dominions outside the United Kingdom for the
enforcement within that part of His dominions of judgments
obtained in the Suprenie Court, the Governor may by order
in council declare that this Ordinance shall extend to
judgments obtained in a superior court kthat part of his
Majesty's dominions, in the like manner as it extends to
judgments obtained in a superior court in the United King-
dom, and on any such order being made this Ordinance shall
apply accordingly.

As amended by Law Rev. Ord., 1924.

(2) For the purposes of this section, part of Ris Majesty's
dominions outside the United Kingdom shall be deemed to
include any territory which is under His Majesty's protection,
or in respect of which a mandate is being exercised by the
Government of any part of His Majesty's dominions.
[Originally No. 32 of 1921. Law Rev. Ord., 1924.] Short title. Interpretation. 10 & 11 Geo. 5, c. 81, s. 12. Enforcement in the Colony of judgments obtained in the United Kingdom. 10 & 11 Geo. 5, c. 81, s. 9. [s. 3 contd.] Issue of certificates of judgments obtained in the Colony. 10 & 11 Geo. 5, c. 81, s. 10. Power to make rules. 10 & 11 Geo. 5, c. 81, s. 11. Extension of the Ordinance to certain other judgments. 10 & 11 Geo. 5, c. 81, ss. 11, 13, 14.

[Originally No. 32 of 1921. Law Rev. Ord., 1924.] Short title. Interpretation. 10 & 11 Geo. 5, c. 81, s. 12. Enforcement in the Colony of judgments obtained in the United Kingdom. 10 & 11 Geo. 5, c. 81, s. 9. [s. 3 contd.] Issue of certificates of judgments obtained in the Colony. 10 & 11 Geo. 5, c. 81, s. 10. Power to make rules. 10 & 11 Geo. 5, c. 81, s. 11. Extension of the Ordinance to certain other judgments. 10 & 11 Geo. 5, c. 81, ss. 11, 13, 14.

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STOCKS ORDINANCE, 1921

No. 31 of 1921.
An Ordinance to regielate the imposition of the penalty of
stocks.

[16th December, 1921.]

1. This Ordinance may be cited as the Stocks Ordinance,
1921.

2. In this Ordinance, the court means the Supreme
Court.

3. Every male person who is convicted summarily or
on indictment of an offence -under sections 44 or 45 of the
Offences aeainst the Person Ordinance, 1865, or under
sections 3, 4, 8, 9, 11 or 17 of the Protection of Women and
Girls Ordinance, 1897, may be sentenced by the magistrate
or the court to be publicly exposed in the stocks for any
period not exceeding six hours in addition to any other
punishment to which such person is liable: Provided always
that in the case of a summary conviction no such sentence
shall be carried into effect until after the expiration of
seven clear days from the date of such conviction.

4.-(1) For, the purpose of carrying any such sentence
into effect, it shall be lawful for the magistrate or for the
court, as the case may be, to issue an order in the form in
the, Schedule requiring the Superintendent of Prisons to
deliver to the Captain Superintendent of Police, any person
who has been sentenced under this Ordinance.

(2) Any such order shall further require the Captain
Superintendent of Police to return such person to the
Superintendent of Prisons, and the Superintendent of
Prisons to receive such person from the Captain Super-
intendent of Police, after such sentence has been carried
into effect, for the purpose of serving or continuing to serve
any other or further sentence which shall have been
imposed upon him.

(3) Any such order addressed to the Captain Super-
intendent of Police may be executed by any police officer,
and any such order addressed to the ' Superintendent of

As amended by Law Rev. Ord., 1924.

Prisons may be executed by any officer of the Prison
Department.
[s. 5, rep. Law Revision Ordinance, 1924.]

SCHEDULE.

Form oF ORDER.

Stochs Ordinance, 1921.
hongkong.

To the Superinterident of Prisons and the Captain Superintendent of
Police.
WHERE AS ...................was on the
day of ...............19 convicted summarily (or
on indictment) under section of Ordinance No of
and was sentenced to ...and further. under
the Stocks Ordinance, 1921, to be publicly exposed in the stocks for a
period of ...hours :
THIS IS TO COMMAND you, the Superintendent of Prisons, to
deliver the said ....... to the Captain Superintendent
of Police on the ...day of ..19 .......for
the purpose of carrying into effect the punishment of stocks so imposed.
AND this is FURTHER to command you, the Captain Superin-
tendent of Police, to return the said .... to the
superintendent of Prisons, and to command you, the Superintendent of
Prisons, to receive the said from the Captain
Superintendent of Police, so soon as coiiveniently may be after the said
punishment of stocks has been carried into effect, for the purpose of serving
or continuing to serve any other or further sentence of imprisonment which

has been impsed upon him.
Dated the day of ...........19

Signed ................
Magistrate or Registrar.
[Originally No. 31 of 1921. Law Rev. Ord., 1924.] Short title. Interpretation. Penalty of stocks may be imposed for certain offences. Ordinances Nos. 2 of 1865, and 4 of 1897. Order by magistrate or court to enable sentences under this Ordinance to be carried into effect. Schedule.

[Originally No. 31 of 1921. Law Rev. Ord., 1924.] Short title. Interpretation. Penalty of stocks may be imposed for certain offences. Ordinances Nos. 2 of 1865, and 4 of 1897. Order by magistrate or court to enable sentences under this Ordinance to be carried into effect. Schedule.

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TREATY OF PEACE (HUNGARY) ORDINANCE, 1921

No. 29 of 1921.

An Ordinance to modify certain provisions of the Treaty
of Peace (hungary) Order, 1927, and other Orders of
His Majesty in Council amending the same, for the
purpose of adapting the provisions of the said Orders
to the circumstances of the colony of hongkong.

[9th. december, 1921.]

1. This Ordinance may he cited as the Treaty of Pence
(Hungary) Ordinance, 1921.


2. For the purpose of adapting the provisions of the
Treaty of Peace (Hungary ) order 1921, and of other orders
of his majesty in council amending the same, to the cir-
cumstances of the colony of hongkong, the said orders
shall be read and construed as if the substitutions set forth
in the schedule had been made in the said orders.

3,-(1) There may be established in the Colony of
Hongkong a local clearing office under the control and
management of such person, hereinafter referred to as
the Administrator, as the Governor may appoint for the
purpose.

As amended by Law Rev. Ord., 1924.





(2) The Administrator shall within the Colony of Hong-
kong have all the powers conferred by the Treaty of Peace
(Hungary) Order, 1921, or by any Order amending the same
upon the Administrator of the Clearing Office in the United
Kingdom.

SCHEDULE. [s. 2. ]

Substitutions to be made in reading and construing the Treaty of Peace
(Hungary) Order, 1921, and other Orders of His Majesty in Council
amending the same, for the purpose of adapting the provisions of the said
Orders to the circumstances of the Colony of Hongkong.





2644 No. 29 of 1921 TREATH OF PEACH (HUNGARY). [Originally No. 29 of 1921. No. 1 of 1922. Law Rev. Ord., 1924. Short title. Modification of the Treaty of Peace (Hungary) Order, 1921, and other Orders amending the same. Schedule. Power to establish a local clearing office in Hongkong. [Schedule contd.]

[Originally No. 29 of 1921. No. 1 of 1922. Law Rev. Ord., 1924. Short title. Modification of the Treaty of Peace (Hungary) Order, 1921, and other Orders amending the same. Schedule. Power to establish a local clearing office in Hongkong. [Schedule contd.]

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ST. JOSEPH'S COLLEGE INCORPORATION ORDINANCE, 1921

No. 27 of 1921.
An Ordiance for the incorporation of the Christian
brothers school known in french as L'institut des

Freres des Ecoles Chretiennes and known In Hong-
kong as st. joseph's College.

[4th November, 1921.]

1. This Ordinance may be cited as the St. joseph's college
Incorporation Ordinance, .1921.

2. The director in Hongkong of St. joseph's College aud
his Successors for the time being in the office of the Director
in hongkong of St. Joseph's College shall be a body corporate
(hereinafter called the corporation), and shall have the name
of The Director in Hongkong of St. Joseph's College , and
by that name shall and may sue and be sued in all courts in
the Colony, and shall and may have and use a common seal
and the said seal may from time to time break, change, alter,
and make anew as the said corporation may see fit.

3. The corporation shall have full power-
(a) subject to the licence of the Governor having been
previously obtained in each case, to acquire, accept leases of,
purchase, take, hold, and enjoy, any immovable property
situate in the Colony.
(b) to sell, assign, surrender, yield up, transfer, mortgage,
charge, demise, re-assign, or otherwise dispose of and deal
with any immovable property vested in the corporation upon
such terms as to the corporation may seem fit.
(c) to invest moneys on mortgage of any immovable prop-
erty in the Colony or in or upon such other securities as to
the corporation may seem fit.

4. The pieces or parcels of ground respectively registered
in the Land Office at Victoria in this Colony as Inland Lots
Nos. 1506 and 1642, Rural Building Lot No. 30, Sub-section
1 of Section A of Kowloon Inland Lot No. 576 and the
Remaining Portion of Section A. of Kowloon Inland Lot No.
576, together with all rights, privileges, and appurtenances





respectively belonging or appertaining thereto or therewith
usually held, occupied and enjoyed, are hereby transferred
to and vested in the corporation subject to the payment of
the rents and the performance of the covenants and conditions
reserved by and contained in the respective Crown leases
thereof.

5. All deeds and other instruments requiring the seal of the
corporation shall be sealed in the presence of the person wbo
is for the time being the Director in Hongkong of St. Joseph's
College or of his attorney duly authorised, and such deeds
and instruments and all other documents, instruments and
writings requiring the signature of the corporation shall be
signed by such Director in Hongkong or his attorney.

6. No assignment by way of sale of the said pieces or
parcels of ground respectively registered in the Land Office
at Victoria aforesaid as Inland Lots Nos. 1506 and 1642,
Rural Building Lot No. 30, Sub-section 1 of Section A of
Kowloon Inland Lot No. 576 and the Remaining Portion of
Section A of Kowloon.lnland Lot No. 576, or any other lands,
buildings, messuages or tenements sibiate in this Colony
which may at any time hereafter be vested. in the corporation,
shall be, valid without the authority of the superieur
of the society of Christian Brothers known in French as
L'institutdes freres des ecoles chretiennes, such authority
to be signified in writing signed by the said superieur general.

7.--(1) Brother Marcian james, at present Director in
hongkong of St. Joseph's College, having furnished to the
Governor satisfactory evidence of hisappointment to the
said office, shall for the purposes of this Ordinance be deemed
to he the Director in Hongkong of St. Joseph's College until
the appointment in his stead of some other person as such
Director.

(2) When any other person is appointed to the office of
Director in Hongkong of St. Joseph's College, such person
shall within three weeks after his appointment or within-
such further time as may be allowed by the Governor furnish
to the Governor satisfactory evidence of his appointment.

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

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

[Originally No. 27 of 1921.] Short title. Incorporation. Powers of the corporation. Vesting of properties. Execution of documents. Consent to sales of lands. Appointment of Director. Saving of rights to the Crown and of certain other rights.

[Originally No. 27 of 1921.] Short title. Incorporation. Powers of the corporation. Vesting of properties. Execution of documents. Consent to sales of lands. Appointment of Director. Saving of rights to the Crown and of certain other rights.

https://oelawhk.lib.hku.hk/items/show/1343

PRAYA EAST RECLAMATION ORDINANCE, 1921

No. 13 of 1921, repealed by No. 14 of 1922.

No. 14 of 1921, Incorporated in No. 10 of 1900.

No. 15 of 1921, repealed by Law Revision Ordi-
nance, 1924.

No. 16 of 1921, incorporated in. No. 7 of 1913.

No. 17 of 1921.

An Ordinance to provide for the reclaviation of the fore-
shore and sea bed off Praya East, Victoria, in the
Colony of hongkong.
[9th September, 1921.]

1. This Ordinance may be cited as the Praya East
Reclamation Ordinance, 1921.

2.-(1) It shall be lawful for the Governor to carry out
the following works:-

(a) the reclamation of the foreshore and sea bed off Praya
East in accordance with the plan dated the 1st day of
June, 1921, signed by the Director of Public Works, and
deposited in the Land Office; and
(b) all accessory works which may be necessary or desir-
able for or on account of the construction of the said
reclamation and the adaptation of the adjoining areas.
(2) Such accessory works shall include the following:-

(a) closing, or diverting, narrowing, widening, raising,
lowering or otherwise altering, permanently or temporarily,
drains, sewers, and public thoroughfares;
(b) diverting, raising, lowering or otherwise altering,
permanently or temporarily, tram lines, water mains, gas
mains, and overhead and underground electric lines and
cables ;

(c) obtaining material for the purpose of constructing
the said reclamation, and conveying such material to the
reclamation area in any manner whatsoever;

As amended by Law Rev. Ord., 1924.





(d) constructing, maintaining and running temporary
construction tramways, whether aerial or on. the ground
level, or on staging, or otherwise, and constructing, main-
taining and running such tramways over, under or across
the lines of the Hongkong Tramway Company Limited;

(e) erecting temporary buildings and piers, and sdaing
up and running mechanical contrivances of all kinds for the
purpose of constructing the said reclamation;

(f) reclaiming the areas marked X and Y on the plan
feferred to in sub-section (1) (a) ;

(g) demolishing and reconstructing certain buildings and
boundary walls and other contingent works rendered neces-
sary by the surrender to the Colonial Government of a
portion of the Royal Naval Arsenal Yard as shown on the
said plan;

(h) forming, kerbing, channelling and surfacing the new
portions of roadway west of Anton Street;

(i) all such kerbing, channelling and surfacing, the con-
struction of all such drains, sewers, water mains and fittings,
and the carrying out of all such other works as may be
required in order to render the areas allotted to the Marine
Lot owners or to the Government of Hongkong available for
the erection of buildings;
(j) removing and permanently o temporarily altering piers

and landing places, and building new piers and laading
places
(k) filling in Bowrington Canal; and

(l) any other work whatsoever which the Governor in his
discretion may consider to be, or to have been, necessary or
desirable for the purpose of effecting the general intention of
this Ordinance.

(3) All such Works, including all accessory works, are
hereinafter referred to as the authorised works.

(4) Any work carried out before the commencement of
this Ordinance, which either was, in the opinion of the
Governor, carried out in contemplation of an intended
reclamation of the foreshore off Praya East, or is hereafter
adopted by the Governor and made use of for the reclamation
contemplated by this Ordinance, is hereby legalized and
validated for all purposes is if it had been carried ont under
this Ordinance.





(5) Except as in this Ordinance provided, no person what-
soever shall be entitled to any reduction of Crown rent, or to
any damages or compensation whatsoever, in respect of any
depreciation or injurious affecting of his property or business
resulting, directly or indirectly froni the carrying out of any
of the ahthorised works.
(6) The powers conferred by this Ordinance shall be in
addition to, and not in derogation of, any other powers
possessed by the Governor, or Governor in Council, or any
public officer.

3.-(1) The Governor shall decide from what sources
the materials required in carrying out the said reclamation
are to be obtained, and shall have full control over the
execution of all the authorised works and over all persons
employed in connexion therewith, and may appoint such
persons as he may think fit to execute such works, and may
determine the remuneration and conditions of empolyment
of such persons.
(2) The carrying out of the said reclamation when begun
shall as far as may be practicable be proceeded with continu-
ously until all the works in connexion therewith shall have
been completed, and the financial embarrassment of any of,
or of all, the parties concerned shall not be considered by
the Governor as a reason for delaying or in any way interfer-
ing with the progress of the whole or any portion of the said
works.
(3) In carrying out the said reclamation, it shall be lawful
for the Governor to deviate in respect of details to -any extent
that shall not materially alter or affect the general design
set forth in the said plan.

4.-(1) Subject to the provisions of sub-sections (2) and (13),
and to the rights of the Government of Hongkong, the only
persons entitled to participate in the reclamation scheme
herein set forth shall be the following persons :-

(a) those persons who are registered in the Land Office at
the commencement of this Ordinance as the owners of Marine
Lots abutting on Praya East or of such portions of Marine
Lots abutting on Praya East as themselves abut on that
street : Provided that the persons who are so registered, and

As amended by Law, Rev. Ord., 1924.





their predecessors in title, shall not before the commencement
of this Ordinance have parted with the right to participate
in any such reclamation scheme as that herein set forth;
(b) those persons who, though not registered in the Land
Office at the commencement of this Ordinance as the owners
of Marine Lots abutting on Praya East or of any portions
thereof so abutting, shall, before the commencement of this
Ordinance, have reserved to themselves on the sale of such
lots or such portions thereof the right to participate in any
such reclamation scheme as is herein set forth, and shall not
before the commencement of this Ordinance have parted
with the said right to any other person;
(c) those persons who, before the commencement of this
Ordinance, shall have acquired the. right to participate in
any such reclamation scheme is is herein set. forth by pm-
chase, from the owners of Marine Lots abutting on Praya
East or of portions thereof so abutting, and who shall not

before the commencement of this Ordinance have parted with
the said right to any other person.
(2) Even, person who Is entitled to participate in the
reclamation scheme herein set forth under the provisions of
sub-section (1) (b) or (c) shall in the carrying out of the said
scheme be treated throughout as if he had been at the com-
mencement of this Ordinance registered as the. owner of the
Marine Lot or portion thereof, on the sale of which the right
of participation was reserved, or from the owner of which
the right of participation was acquired, as the case may be.
(3) If before the expiration of three months from the com-
mencement of this Ordinance any person who is entitled to
participate in the said reclamation scheme under the provi-
sions of sub-section (1) (a), and who has not entered into the
agreement referred to in sub-section (5), ceases to be the
owner of the area on which his qualification so to participate
rests, or of any part of such area, the person who for the
time being is entitled forthwith to become or, if there is no
such person, the person who for the time being actually is,
the registered owner of such area or portion thereof shall
be entitled to participate in the said reclamation scheme,
provided that the area of which he is, or is entitled to be,
the registered owner, actually abuts on Praya East.
(4) If before the expiration of the said period of three
months any person who was at the commencement of
this Ordinance entitled to participate. in the said reclamation





scheme under the provisions of sub-section (1) (b) or (c), and
who has not entered into the agreement referred to in sub-
section (5), parts with the said right of participation to any
other person, the person to whom the said right of participa-
tion shall for the time being belong shall thereupon be
entitled to participate in the said scheine in all respects
as if he had reserved or acquired the said right before the
commencement of this Ordinance.

(5) Every person who is entitled to participate in the said
reclamation scheme, and who desires to do so, shall within
three months after the commencement of this Ordinance
attend at the Land Office and enter into an agreement in the
form of the agreement in the Schedule.

(6) If any person who was entitled to participate in the
said reclamation seheine shall have failed to execute the said
agreement within the said period of three months, such
person shall cease to have any right to participate in any
way in the said reclamation scheme, and such person shall
have no claim to any damages or compensation either in
respect of his former participation rights or in respect of any
depreciation or injurious affecting of his property or business
resulting directly or indirectly from the carrying out of any
of the authorised works: Provided that the Governor in
Council may. award to such person such sum of money as he
may in his absolute discretion think fit by way of compensa-
tion for any such depreciation or injurious affecting.

(7) All persons who are. entitled to participate in the said
reclamation scheme and who execute the said agreement are
in this Ordinance referred to as Marine Lot owners.

5.-(1) The cost of the reclaniation shall be defrayed front
a fund to be provided by the Marine Lot owners and the
Government of Hongkong.

(2) The Government of hongkong shall contribute to the

said fund a sum which shall bear the same proportion to the
total cost as the areas allotted to the Government of hong-
kong shall bear to the total area allotted.


(3) Each Marine Lot owner shall contribute to the said
fund a sum which shall bear the same proportion to the total
cost as the areas allotted to him. shall bear to the total
area allotted.





(4) For the purposes of this section, the following shall
not be deemed to be areas allotted to the Government of
Hongkong :-

(a) thoroughfares, piers, and landing places; and

any area which is to the southward of Praya East.

6.-(1) The cost of the reclamation which is to be defray-
ed out of the said fund shall include the following:-

(a) the cost of the authorised works (including the
salaries and wages of the staff and workmen, payments to
contractors, and also including any extraordinary expense
due, in the opinion of the Governor, to any storm, unfore-
seen difficulty, legal proceeding, or other cause whatsoever),
In so far as such cost is not borne by the owners of any
tram line, gas main, or electric. line or cable, which may be
diverted or altered
(b) the following sums expended by the Government of
Hongkong before the commencement of this Ordinance

Raising of level of praya
East roadway ....... $56,9933. 79

Cost of surveys ......7,703.05

Diversion dnd alteration
of certain drains 2,903.03
Raising of certain ground
floors and foot-paths 10,543.35

$78,143.22

(c) any further sums which, in the opinion of the Gover-
nor, have been expended by the Government of Hongkong
before the commencement of this Ordinance on salaries or
wages paid, or on payments for work executed, or for
buildings taken over, in anticipation oland for the purpose
of the said reclamation.

7.-(1) The land reclaimed under this Ordinance shall
be laid out as nearly as possible as set forth on the plan
referred to in section 2 (1) (a).

As amended by Law Rev. Ord., 19ñ4.





(2) The areas allotted to the respective, Marine Lot
owners shall be as nearly as possible as set forth in the
statement to accompany the said plan which is dated the
1st day of June, 1921, signed by the Director of Public
Works, and deposited in the Land Office: Provided that if
any area which forms the qualification for a right to partic-
ipate in the said reclamation scheme shall have been
sub-divided before the ascertainment of the respective
Marine Lot owners, the reclaimed areas shown in the said
plan. and statement as to be allotted in respect of such first-
nientioned area shall be sub-divided in proportion to the
frontage on Praya East of the sub-divisions of such first-
mentioned area.
(3) The areas coloured red on the said plan and marked
thereon, 1, 2 & 3 , 28A , and 15A & 41 A , and
the area margined in red on the said plan, and the streets
coloured yellow on the said plan, shall be allotted to the
Government of Hongkong.
(4) if the Government of Hongkong shall acquire tha
participation rights of any person who is entitled to part-
pate in the said scheme, the reclamation areas which w
have been allotted to such person shall be allotted to, the
Government of Hongkong, and the proportion of cost

attributable to such areas, and the amount of any com-
pensation which may be pald to such person, shall be borne
and paid by the Government of hongkong.
(5) Upon the due performance by a Marine Lot. owner
and his successors in title (if any) of all the obligations
imposed upon him and them by this Ordinance, the Gover-
nor shall grant to the Marine Lot owner or to his successor
in title a Crown lease of the reclamation areas allotted to
the said Marine Lot owner or his successor in title :
Provided that, if there is any variation in superficial area
between the said plan and statement and the areas available
and actually allotted, the lease shall be of the areas actually
allotted, and the Governor shall alter accordingly the total
contribution of the Marine Lot owner.

8.-(1) Every person who is entitled, and who desires, to
participate in the said reclamation scheme shall, before
executing the agreement referred to in section 4 (5), deposit
with the Hongkong and Shanghal Banking Corporation, in

As amended by Law Rev. Ord., 1924.





an account to be opened at the said bank and to be called
the Piaya East Reclamation Account, a sum equal to twenty-
five per cent of the amount of the estimated cost attributable
to him as such cost is shown in or ascertained by the state-
ment referred to in section 7 (2), and subject to the provi-
sions of sub-section (3) of this section any interest which
accrues on such deposit shall be paid to such person upon
all the obligations imposed by this Ordinance upon him and
his successors in title (if any) being discharged.

(2) Every Marine Lot owner shall pay into the said account
towards the cost of the reclamation, in each, case within
seven-days after the posting of the registered letter contain-
ing the call, such sums as the Director of Public Works
may from time to time call upon him to pay: Provided that
pending the ascertainment of the actual cost of the reclama-
tion the total amount of such calls, together with the deposit
referred to in sub-section (1), shall not exceed the estimated
cost attributable to such Marine Lot owner as such cost is
shown in or ascertained by the said statement.

(3) Every Marine Lot owner shall take. up the reclamation
areas allotted to him, and shall, within seven days after the
posting of the registered letter containing the notice referred
to in section 9 (2), pay for the said areas premium at the
rate of twenty-five cents per square foot, and shall take out
a Crown lease for the said areas forthwith when called upon
to do so.

(4) Every Marine Lot owner shall, immediately before
taking out the Crown lease for the areas allotted to him,
enter into an agreement, to be approved by the Land Officer,
and to be registered against such areas in the Land Office,
binding himself and his successors in title to pay all unpaid
or future calls which may have been or which may be made
under sub-section. (2) in respect of the said areas.

(5) If the person whose ditty it is to do so falls to pay
duly any call, or fails to take up duly the reclamation areas
allotted to him, or fails to pay duly the premium therefor,
or fails to take ont duly a Crown lease for the said areas, or
fails to enter duly into the agreement referred to in sub-
section (4), the deposjt referred to in sub-section (1) and any
interest accrued there6n, and all other moneys paid under
this Ordinance by him or his predecessors in title in respect
of the said reclamation areas, shall be forfeited to the Crown,





and the said person shall cease to have any rights whatso-
ever to or in respect of the said areas, which shall thereupon
be allotted to the Government of Hongkong.

(6) If any Marine Lot owner disposes of any of or all his
rights to or in respect of the reclamation areas allotted or
to be allotted to him, he shall not thereby be relieved of any
of his obligations under this Ordinance, save only that if he
disposes of the whole of such rights he shall not be required
to take out a Crown lease for the said areas if he procures
the acceptance of the said Crown lease by sonie other person,
and the execution by such other person of the agreement
referred to in sub-section (4).

(7) If the interest of any Marine Lot owner in respect of
the reclamation areas allotted or to be allotted to him passes,
by operation of law, on death or on any other event, to any
other person, the duty of performing the obligations ex-
pressed in this Ordinance as imposed on the Marine Lot
owner, and the right to the Crown lease for the said reclama-
tion areas, shall pass to the person to whom the said interest
shall have passed.

9.-(1) The Crown leases of the reclamation areas shall
be in the usual form and shall be for the term of ninety-nine
years, commencing from a date to be ascertained as provided
for in sub-section (2), at a Crown rent of five hundred
dollars per acre, with the option of renewal for a further
term of ninety-nine years at a Crown rent to be fixed by the
Governor for the time being.
(2) The date from which the said first term, and the said
Crown rent, shall commence shall be the date of the posting
of a registered letter, addressed to the Marine Lot owner,
containing a notice from the Director of Public Works
stating that fhe said reclamation areas are at the disposal of
the said Marine Lot owner: Provided that (except at tbe
request of the Marine Lot owner) such notice shall not be
sent until in the opinion of the -Director of Public Works-

(a) such areas are in a condition suitable for the corn-
mencement of building operations, and

(b) the adjacent streets are in such a condition as to provide
reasonable mean of access to the said areas.

* As amended by Law Rev. Ord., 1924.





10. The calls referred to in section 8 (2), and the notice
referred to in section 9 (2), may respectively be made and
given, by or on behalf of the Director of Public Works, by
registered letter addressed to the Marine Lot owner at hi's
address in Hongkong as stated in the agreement referred to
in section 4 (5), or at his last-known address in the Colony.

11. A certificate under the hand of the Director of Public
Works shall be conclusive evidence for all purposes what-
soever of the date of posting of any call or notice provided
for in this Ordinance.

12. Whenever any question arises as to any decision or
opinion of the Governor under this Ordinance, a certificate
under the hand of the Colonial Secretary shall he conclusive
evidence of sach decision or oplulon for all purposes what-

13.(1) All the land and foreshore mid bed of the sea
included in the reclamation authorised or validated by this
Ordinance, and the creek marked Bowrington Canal on
the plan referred to in section 2 (1) (a), are hereby declared
to be absolutely the property of the Crown, free from any
restriction whatsoever, and, subject to the provisions of this
Ordinance, the reclaimed areas may be dealt with and dis-
posed of in the same manner as any. other Crown land.

(2) All public and private rights of navigation and fishing,
and all public and private rights of access, user, possession
or occupation, and all other public or private rights (if any)
to, in, upon or over the said land, foreshore, bed of the sea
or reclaimed areas, and in, upon or over the creek referred to
in sub-section (1), are hereby declared to be absolutely
extinguished and determined.

(3) Nothing in this Ordinance shall be in derogation of
any of the powers and rights of the Crown in respect of the
said foreshore or bed of the sea, and nothing in this Ordi-
nance shall be construed as recognising any foreshore, marine
or pier rights whatsoever as against the Crown. .
(4) Nothing in this Ordinance shall be construed as
aflecting any right or claim as between lessees, and their
sub-lessees or tenants, inter se.

As amended by Lew Rev. Ord., 1924,





14. From and after the completion of the reclamation
authorised by this Ordinance, the Governor shall keep and
maintain the sea wall thereof and all the public roads thereon
out of moneys to be provided from the public revenues of the
Colony, but, save as aforesaid, neither the Governor, nor any
public officer, nor the public revenues of the Colony, shall
be liable for any deterioration, subsidence, or damage of or
to the said reclamation.

15. Nothing in this Ordinance shall be affected in any
way by any of the provisions of the Foreshores and Sea Bed
Ordinance, 1901, or of the Highways Ordinance, 1910.

16.(1) None of the powers conferred upon the Governor
by this Ordinance shall be limited in any way by any of the
provisions of the Tramway Ordinance, 1902.

(2) Subject to the proVisions of sub-section (1), none of the
rights and powers conferred or recognised by the Tramway
Ordinance, 19029, shall be affected by the fact that the route
or working of the trainway authorised by the said Ordinance
may be affected by or in consequence of the works authorised
by this Ordinance.

SCHEDULE. [s. 4 (5).]

AGREEMENT made the ...day of .........1921
between ...............acting for and on behalf
of the Governor of Hongkong (hereinafter called the Governor) of the
one part and ......................................................................
of + ..........................(hereinafter
with bis executors, administrators and assigns called the lessee) of the
other part.
WHEREAS the said ............................................
is the registered owner of ................................................................
and has agreed to contribute towards the cost of the reclamation authorised
by the Praya East Reclamation Ordinance, 1921, upon the terms and
subject to the conditions hereinafter contained :
AND WHEREAS the said .........................................................
has in accordance with section 8 (1) of the said Ordinance deposited the
sum of $ in the Praya East Reclamation Account referred to in
the said section :

* As amended by Law Rev. Ord., 1924.





NOW IT IS HEREBY AGREED by and between the parties hereto
as follows :-

1. The lessee shall duly perform all the obligations imposed upon him
by the said Ordinance.

2. If the lessee fails to perforin duly any of the obligations imposed upon
him by the said Ordinance, the deposit and the interest thercon and all
other moneys paid by him under the said Ordinance shall be forfeited to the
Crown, and the lessee shall cease to have any rights whatsoever to or in
respect of the reclamation areas which would have been allotted to him if
he had duly performed all the said obligations.

3. Upon the due performance by the lessee of all the obligations imposed
upon him by the said Ordinance, the Governor shall grant to the lessee a
Crown lease of the reclamation areas more particularly delineated and
marked .on the plan annexed hereto, provided that if there be any
variation in superficial area between the said plan and the areas actually
allotted to the lessee the lease shall be of the areas actually allotted. The
said Crown lease shall contain the terms and conditions specified in section
9 of the said Ordinance.

IN WITNESS whereof the said parties to these presents have hereunto
set their bands the day and year first above written.

No. 18 of 1921, incorporated in No. 3 of 1885.

No. 19 of 1921, incorporated in No. 25 of 1917.

No. 20 of 1921, incorporated in No. 10 of 1916.

No. 21 of 1921, Incorporated in No. 8 of 1921.

No. 22 of 1921, incorporated in No. 16 of 1915.
No. 28 of 1921, repealed by Law Revision Ordi-nance, 1924.

No. 24 of 1921, incorporated in No. 1 of 1871.

No. 25 of 1921, repealed by No. 14 of 1922.

No. 26 of 1921, ?Incorporated in No. 65 of 1911.
[Originally No 17 of 1921. Law Rev. Ord., 1924.] Short title. Authorised works. [s. 2 contd.] Control and prosecution of works. Persons entitled to participate in scheme. [s. 4 contd.] Schedule. Defraying of cost of reclamation. What cost includes. Allotment of reclaimed land. Obligations of Marine Lot owners. [s. 8 contd.] Crown leases. Calls and notices. Proof of posting of calls and notices. Evidence of Governor's decision or opinion. Property in reclaimed land vested in the Crown. Certain public and private rights determined. Saving of certain rights of the Crown. Certain rights not to be affected. Maintenance of reclamation. Ordinances No. 15 of 1901. And 21 of 1910. Ordinance No. 10 of 1902. Insert postal address in Hongkong for the purpose of service of notices.

[Originally No 17 of 1921. Law Rev. Ord., 1924.] Short title. Authorised works. [s. 2 contd.] Control and prosecution of works. Persons entitled to participate in scheme. [s. 4 contd.] Schedule. Defraying of cost of reclamation. What cost includes. Allotment of reclaimed land. Obligations of Marine Lot owners. [s. 8 contd.] Crown leases. Calls and notices. Proof of posting of calls and notices. Evidence of Governor's decision or opinion. Property in reclaimed land vested in the Crown. Certain public and private rights determined. Saving of certain rights of the Crown. Certain rights not to be affected. Maintenance of reclamation. Ordinances No. 15 of 1901. And 21 of 1910. Ordinance No. 10 of 1902. Insert postal address in Hongkong for the purpose of service of notices.

https://oelawhk.lib.hku.hk/items/show/1342

MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) ORDINANCE, 1921

No. 9 of 1921.

of maintenance orders made in England or Ireland
and vice versa^.

[30th June, 1921.]

1. This Ordinance may be cited as the Maintenance Orders
(Facilities for Enforcement) Ordinance, 192l.

2. In this Ordinance,

(a) Certified copy in relation to an order of court
means a copy of the order certified by the proper officer of
the court to be a true copy.

(b) Dependants means such persons as the person
against whom the order or decree is rnade is, according to
the law in force in the part of His Majesty's dominions in
which the maintenance order was made, liable to maintain.

(c) Maintenance order means an order other than, an
order of affiliation for the periodical payment of sums of
money towards the maintenance of the wife or other depend-
ants of the person against whom the order is made, and
Includes, with reference to Ireland, an order or decree for
the recovery or repayment of the cost of relief or main-
tenance made hy virtue of the provisions of the Poor Relief
(Treland) Acts, 1839 to 1914.

3. Where a maintenance order has, whether before or
after the passing of this Ordinance, been made against any
person by any court in England or Ireland, and a certified
copy of the order has been transmitted by the Secretary of
State for the Colonies to the Governor, the Governor shall
send a copy of the order to a magistrate for registration:
and on receipt thereof the order shall be registered, and
shall, from the date of such registration, be of the same force
and effect, and, subject to the provisions of this Ordinance,
all proceedings may be taken on such order, as if it had been
an order originally made by a magistrate, and any magistrate
shall have power to enforce the order accordingly.

As amended by Law Rev. Ord., 1924.





4. Where a magistrate has, whether before or after the
commencement of this Ordinance, made a -maintenance order
against any person, and it is proved to a magistrate that the
person against whom the order was made is resident in
England or Ireland, the magistrate shall send to the Governor
for transmission to the Secretary of State for the Colonies a
certified copy of the order.

5.-(1) where an application is made to a magistrate for
a maintenance order against any person, and it is proved
that that person is resident in England or Ireland, such.
magistrate may, in the absence of that person, if after
bearing the evidence he is satisfied of the justice of the
application, make any such order as he might have made if
a sumnions had been duly served on that person and that
person had failed to appear at the hearing, but in such case
the order shall be provisional only, and shall have no effect
unless and until confirmed by a competent court in England
or Ireland.
(2) The evidence of any witness who is examined on any
such application shall be put into writing, and such deposi-
tion shall be read over to and signed by him.

(3) Where such an order is made, the magistrate shall
send to the Governor for transmission to the Secretary of
State for the Colonies the depositions so taken and a certified
copy of the order, together With a statement of the grounds on
which the making of the order might have been opposed if
the person against whom the order is made had been duly
served with a summons and had appeared at the hearing, and
such information as the magistrate possesses for facilitating
the identification of that person, and ascertaining his where-
abouts.

(4) Where any such provisional order has come before a
competent court in England or Ireland for confirmation, and
the order has by that court been remitted for the purpose of
taking further evidence, a magistrate shall proceed to take
the evidence in like manner and subject to the like conditions
is the evidence in support of the original application.

If upon the hearing of such evidence it appears to such
magistrate that the order ought not to have been made, he
may reschid the order, but in any other case the depositions





shall be sent to the Governor and dealt with in like manner
as the original depositions.

(5) The confirmation of ail order inade under this section
shall not allect any power of a magistrate to vary or rescind
that order: Provided that on the making of a varying or
rescinding order such magistrate shall send a certified copy
thereof to the Governor for transmission to the Secretary of
State for the Colonies, and that in the case of an order vary-
ing the original order the order shall. not have any effect
unless and. until confirmed in like manner as the original
order.

(6) The applicant shall have the same right of appeal, if
any, against a refusal to make a provisional order as he would
have had against a refusal to make the order had a summons
been duly served on the person against whom the order is
sought to be made.

Q.-(1) Where a maintenance order has been made by a
court in England or Ireland, and the order is provisional only
and has no effect unless and until confirmed by a magistrate
in the Colony, and a certified copy of the order together with
the depositions of witnesses and a statement of the grounds
on which the order might have been. opposed has been trans-
mitted to the Governor, and it appears to the Governor that
the person against whom the order was made is resident in
the Colony, the Governor shall send the said documents to a
niagistrate with a requisition that a summons be issued
calling upon the person to show cause why that order should
not be confirmed, and upon receipt of such documents and
requisition such magistrate shall issue such a summons and
cause it to be served upon such person.

(2) A summons so issued may be served in the same
manner as if it had been originally issued under the pro-
visions of the Magistrates Ordinance, 1890.

(3) At the hearing it shall be open to the person on whom
the summons was served to raise any defence which he might
have raised in the original proceedings had he been a party
thereto, but no other. defence, and the certificate from the
court which made the provisional order stating the grounds
on which the making of the order might have been opposed





if the person against whom the order was made had been a
party to the proceedings shall be conclusive evidence that
those grounds are grounds on which objection may be taken.

(4) If at the hearing the person served with the summons
does. not appear, or, on appearing, falls to satisfy the
magistrate that the order ought not to be confirmed, such
magistrate may confirm the order either without modification
or with such modifications as may seem just to him after
hearing the evidence.

(5) If the person against whom the summons was issued
appears at the hearing and satisfies the magistrate that for
the purpose of any defence it is necessary to remit the case
to the court which made the provisional order for the taking

of any further evidence, the magistrate may so remit the
case and adjourn the proceedings for the purpose.

(6) Where a provisional order has been confirmed under
this section, it may be varied or rescinded in like manner as
if it had originally been made by the confirining magistrate
and where on an application for rescission or variation the
magistrate is satisfied that it is necessary to remit the case
to the court which made the order for the purpose of taking
further evidence, such magistrate may so remit the case and
adjourn the proceedings for the purpose.

(7) Where an order has been so confirmed, the person
bound thereby shall have the same right of appeal, if any,
against the confirmation of the order as he would have had
against the making of the order had the order been an order
made by the magistrate confirming the order.
7. The Governor may make regulation for determining
the manner in which a case can be remitted by a court
authorised to confirm a provisional order to the court
which made the provisional order, for facilitating communica-
tions between such courts, and generally for the purpose of
regulating the procedure under this Ordinance.

8. An order which hasbeen registered or which has been
confirmed by a magistrate under this Ordinance shall be
enforceable either-
(1) by warrant of distress; or
(2) in default of sufficient distress, by imprisonment; or





(3) at the discretion of the magistrate, by imprisonment in
the first instance,

and any such imprisonment shall be in accordance with the
scale provided by section 57 of the Magistrates Ordinance,
1890.
9. Any document purporting to be signed by a judge or
of a court in England or Ireland shall, until the
contrary is proved, be deerned to have been so signed without
proof of the signature or judicial or official character of the
person appearing to have signed it, and the officer of a court
bY -whom a document is signed shall, until the contrary is
proved, be, deemed to have been the proper officer of the
court to sign the document.

10. Depositions taken in a court in Phigland or Ireland
for the purposes of this Ordinance shall be received in
evidence in proceedings under this Ordinance.

11. The Magistrates Ordinance, 1890, shall apply to pro-

ceedings under this Ordinance as it applies to proceedings
under that Ordinance.

12. Where the Governor is satisfied that reciprocal pro-
visions have been made by the legislature of any, British
possession or any territory under His Majesty's protection
for the enforcement within such possession or territory of
inaintenance orders made by courts in Hongkong, the
Governor may by proclaination extend this Ordinance to
maintenance orders made by courts within such possession or
territory and thereupon this Ordinance shall apply to such
maintenance orders as if they had been made in England or
Ireland.
Is. 13, Incorporated in No. 10 of 1905.]

No. 10 of 1921, incorporated in no. 9 of 1899.

No. 11 of 1921, repealed by Law Revision Ordi-
nance, 1924.

No. 12 of 1921, incorporated in -No. 58 of 1911.

As amended by No. 3 of 1923 and Law Rev. Ord., 1924.
[Originally No. 9 of 1921. No. 3 of 1923. Law Rev. Ord., 1924.] Short title. 10 & 11 Geo. 5, c. 33, s. 13. Interpretation. 10 & 11 Geo. 5, c. 33, ss. 10, 11. [cf. 5 Geo. 5, c. 14.] Enforcement in the Colony of maintenance orders made in England and Ireland. 10 & 11 Geo. 5, c. 33, s.1. Transmission of maintenance orders made in the Colony. 10 & 11 Geo. 5, c. 23, s. 2. Power to make provisional orders of maintenance against person resident in England or Ireland. 10 & 11 Geo. 5, c. 33, s. 3. Power of magistrate to confirm provisional orders of maintenance made in England or Ireland against. Person resident in the Colony. 10 & 11 Geo. 5, c. 33, s. 4. Ordinance No. 3 of 1890. Power of Governor to make regulations. 10 & 11 Geo. 5, c. 33, s. 5. Mode of enforcing orders. 10 & 11 Geo. 5, c. 33, s. 6. Ordinance No. 3 of 1890. Proof of documents signed by officers of court. 10 & 11 Geo. 5, c. 33, s. 8. Depositions to be evidence. 10 & 11 Geo. 5, c. 33, s. 9. Application of Ordinance No. 3 of 1890.. Extension of Ordinance to orders made by courts in other British possessions, etc. 10 & 11 Geo. 5, c. 33, s. 12.

[Originally No. 9 of 1921. No. 3 of 1923. Law Rev. Ord., 1924.] Short title. 10 & 11 Geo. 5, c. 33, s. 13. Interpretation. 10 & 11 Geo. 5, c. 33, ss. 10, 11. [cf. 5 Geo. 5, c. 14.] Enforcement in the Colony of maintenance orders made in England and Ireland. 10 & 11 Geo. 5, c. 33, s.1. Transmission of maintenance orders made in the Colony. 10 & 11 Geo. 5, c. 23, s. 2. Power to make provisional orders of maintenance against person resident in England or Ireland. 10 & 11 Geo. 5, c. 33, s. 3. Power of magistrate to confirm provisional orders of maintenance made in England or Ireland against. Person resident in the Colony. 10 & 11 Geo. 5, c. 33, s. 4. Ordinance No. 3 of 1890. Power of Governor to make regulations. 10 & 11 Geo. 5, c. 33, s. 5. Mode of enforcing orders. 10 & 11 Geo. 5, c. 33, s. 6. Ordinance No. 3 of 1890. Proof of documents signed by officers of court. 10 & 11 Geo. 5, c. 33, s. 8. Depositions to be evidence. 10 & 11 Geo. 5, c. 33, s. 9. Application of Ordinance No. 3 of 1890.. Extension of Ordinance to orders made by courts in other British possessions, etc. 10 & 11 Geo. 5, c. 33, s. 12.

https://oelawhk.lib.hku.hk/items/show/1341

STAMP ORDINANCE, 1921

No. 8 of 1921.
An Ordinance to amend the law relating to stamp duty.

[2nd May, 1921.]

1. This Ordinance may be cited as the Stamp Ordinance,
1921.

2.-(1) It shall be lawful for the Governor to appoint
any person to be Collector, and any other person to be
Assistant Collector, for the purposes of this Ordinance, and
failing such appointment the Colonial Treasurer shall be
Collector and the Assistant Treasurer shall be Assistant
Collector.

(2) The Assistant Collector shall have the same rights
and powers as the Collector.

3. In this Ordinance,

(1) Accident policy means a policy of insurance for
any payment agreed to be made upon the death of any
person only from accident or violence or otherwise than
from a natural cause, or as compensation for personal
injury.

(2) Bank note includes-

(a) any bill of exchange or promissory note issited hy any
banker for the payment of money to the bearer on demand;
and.

(b) any bill of exchange or promissory note so issued
which entitles or is intended to entitle the bearer or holder
thereof, without indorsement or without any further or other
indorsement than may be thereon at the time of the issuing
thereof, to the payment of money on demand, whether the
same be so expressed or not and in whatever form or by
whomsoever the bill or note is drawn or made.

(3) Banker means any person or firm carrying on the
business of banking within the Colony.

The Bills of Exchange Ordinance, 1885, dcms not affect the provisions of this
Ordinance. See No. 3 of 1885, s. 96. 1 See also No. 30 of 1915, Fourth Schedule,
Regulation 13.
As amended by No. 21 of 1921 and Law Rev. Ord., 1924.





(4) Bill of exchange includes cheque, circular note,
draft, letter of credit, order, travellers cheque, and any
instrument (except a bank note or compradore order)
entitling or piirporting to entitle any person, whether named
therein or not, to payment by any other person of, or to
draw upon any other person for, any sum of money; and
the term bill of exchange payable on demand includes-

(a) an order for the payment of any suni of money by a
bill of exchange or promissory note, or for the delivery of
any bill of exchange or promissory note in satisfaction of
aRy sum of money, or for the payment of any sum of money
out of any particufar fund which may or may not be available,
or upon any condition or contingency which may or may
not -be performed or happen; and

(b) an order for the payment of any sum of money weekly,

monthly, or at any other stated periods, and also an order
for the payment by any person at any time after the date
thereof of any sum of money, and sent or delivered by the
person making the same. to the person by whom the payment
is to be made, and not to the person to whom the payment
is to be made, or to any person on his behalf.

(5) Bill of lading means any instrument signed by the
owner or master of a vessel, or by the agent of the owner,
which states that certain specified goods have been shipped
upon a particular vessel, and which purports to set out the
terms on which such goods have been delivered to and
received by the vessel.

(6) Charter party means any instrument for the charter
or hiring of any vessel or of some principal part thereof, and
any memorandum, letter, or other writing (other than a bill
of lading) between the master or owner of any vessel
and any other person for or relating to the freight or
conveyance of any money, goods or effects on board any
vessel.

(7) Cheque means a bill of exchange drawn within the
colony on a banker within the Colony and payable within
the Colony on demand.
(8) Compradore order means an order for the payment
of money addressed to a compradore, and signed by the
employer of the compradure or by some person in common
employment with the compradore.





(9) Conveyance on sale includes every instrument, and
every decree or order of any court, whereby any property
except vessels and shares, or any estate or interest in any
property except vessels and shares, upon the sale thereof, is
transferred to or vested in a purchaser, or any other person
on his behalf or by his direction.

(10) Exchange contract means a contract for the sale
and purchase of any sum in any currency other than the
currency of the Colony, but does not include any contract for
the sale of actual coin or bullion.

(11) Executed and execution used with reference
to instruments not under seal mean signed and signature
respectively.

(12) Foreclosure order includes every order or decree
for, or having the effect of an order for, foreclosure.

(13) Godown warrant means any document or writing,
being evidence of the title of any person therein named, or
his assigns, or the holder thereof, to the property in any
goods, wares, or merchandise lying in any godown or dock,
or upon any wharf, and signed or certified by or on behalf
of the person having the custody of the goods, wares, or
merchandise.

(14) Instrinnent includes every written document.

(15) Letter of hypothecation means an instrument
accompanying a deposit with a banker of the documents of
title to some movable property.

(16) Life policy means a policy of insurance upon any
life or Eves or upon any event or contingency relating to or

depending upon any life or lives except a policy of insurance
against accident.

(17) Marine policy means any insurance (including
re-insurance) made upon any vessel, or upon the machinery,
tackle, or furniture of any vessel, or upon any goods,
merchandise, or property of. any description whatever on
board of any vessel, or upon the freight of, or any other
interest which may be lawfully insured in or relating to, any
vessel, and includes any insurance of goods, merchandise, or





property for any transit which includes not only a sea risk,
but also any other risk incidental to the transit insured from
the, commencement of the transit to the ultimate destination
covered by the insurance.

(18) , Marketalbe security means a security of such a
description as to be capahle of being sold in the stock market
in the Colony.

(19) Mortgage means a security by way of mortgage
or equitable mortgage for the payment of any definite and
certain sum of inoney advanced or lent at the time, or
previously, due and owing, or forborne to be paid, being
payable, or for the repayment of money thereafter to be lent,
advanced, or paid, or which may become due upon an account
current, together with any sum already advanced or due, or
without, as the case may be;
and includes-
(a) conditional surrender by way of mortgage, or further
charge, of or affecting any property whatsoever; and
(b) any conveyance of any property whatsoever in trust
to be sola or otherwise converted into money, intended only
as a seenrity, and redeernable before the sale or other disposal
thereof, cither by express stipulation or otherwise; and
(c) any instrument for defeating or making, redeemable,

or explaining or qualifying any conveyance, transfer or dis-
position of any property whatsoever, apparently absolute,
but intended only as a security ; and
(d) any instrument relating to the deposit of any title
deeds or instruments constituting or being evidence of the
title to any property whatsoever or creating a charge on any
property whatsoever; and
(e) mortgages by eqnitable owners of their equitable
rights; and
(f) warrants of attorney to enter up judgment;

but does not include a letter of hypothecation as defined
in paragraph (15).
(20) Officer of His Majesty's service includes every
person in the service of His Majesty in the United Kingdom
or in the Colony, and every person in the employment of any
department of the Government of the United Kingdom or of
the Colony.





(21) Partnership instrument includes every agreement
relating to the formation, continuance, reorganisation or dis-
solution of any partnership, and every agreement relating to
the alteration of any of the terms of any partnership.

(22) Person includes firm.

(213)) Policy of insurance includes every instrument

whereby any contract of insurance is made or agreed to be
made, or is evidenced.

(24) Promissory note includes every instrument (except
a bank note) containing a promise to pay any sum of money,
and a note promising the payment of any sum of money out
of any particular fund which may or may not be available,
or upon any condition or contingency which may or may not
be performed or happen, is to be deemed a promissory note
for that sum of money.

(25) Receipt means any instrument, note, memorandum,
or writing whereby any money, or any bill of exchange or
promissory note for money, is acknowledged or expressed to
have been received or deposited or paid, or whereby any
debt or demand, or any part of a debt or demand, is acknow-
ledged to have been settled, satisfied, or discharged, or
which signifies or imports any such acknowledgment, and
whether the same is or is not signed with the name of any
person.

(26) Servant's security agreement means any instru-
ment by which any domestic or other servant or clerk or
compradore shall give security for the due discharge of his
duties, or of the duties of other persons to be employed by
him, or for the safe custody of money or property to be
entrusted to him, or for the proper carrying), on of business
to be conducted by him, or for the discharge of his respon-
sibilities arising from such 'business, whether such security
shall be given by the binding of other persons, or by the
deposit of money or valuable property or by deposit of the
title-deeds to any property or by any assignment.

(27) Settlement means any instrument, whether volun-
tary or upon any good or valuable consideration, other
than a bona^ fide pecuniary consideration, whereby any
definite and certain principal sum of money (whether charged
or chargeable on lands or not, or to be laid out in the pur-
chase of lands or not) or any definite and certain amount of





stock, or any security, is settled or agreed to be settled in
any manner whatsoever.

(28) Share includes any share in any stocks or funds
transferable at the Bank of England or at the Bank of
Ireland, and India promissory notes, and any share in the
stocks or funds of any foreign or colonial state or govern-
ment, or in the capital, stock or funded debt of any county
council, corporation, company, or society in the United
Kingdom, or in the Colony, or of any foreign or colonial
corporation, company, or society.

(29) Share contract note ineans the note sent by a
broker or agent to his principal, or by any person who by
way of business deals, or holds hilnself out as dealing, as a
principal in any shares or marketable securities, advising the
principal, or the vendor or purchaser, as the case may be, of
the sale or purchase of any shares or marketable securities.

4.-(1) It shall be lawful for the Governor in Council to
make regulations for the following purposes:-

(a) for amending any of the provisions of the Schedule,
provided that no such amendment shall have the effect of
increasing any stamp duty specified in the said Schedule or
of imposing any new or additional duty not specified in the
said Schedule.,

(b) for imposing any obligations, in addition to those
imposed in this Ordinance and in the said Schedule, which
the Governor in Council may deem advisable in connexion
with the payment of stamp duty: Provided that no such
obligation shall have the effect of -increasing any stamp duty
specified in the said Schedule or of imposing any new, or
additional duty not specified in the said Schedule;

(c) for giving directions as to the manner in which any
stamp duty payable under this Ordinance is to be calculated
or ascertained

(d) for prescribing inethods of stamping and denoting;
and

(e) generally for carrying out the objects of this Ordi-
nance.

As amended by Law Rev. Ord., 1924.





(2) All regulations made under this Ordinance shall be
laid on the table of the Legislative Council at the first meet-
ing thereof held after the publication in the Gazette of the
making of such regulations, and if a resolution is 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 regulation shall be rescinded, or
amended in any manner whatsoever, the said regulation shall,
without prejudice to anything done thereunder, 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.

5.-(1) The instruments specified in the second column
of the Schedule shall be chargeable with the stamp duties
respectively specified in the third column of the said
Schedule.

(2) The stamps to be affixed or impressed upon the said
instruments shall be adhesive, impressed, or overembossed,
as may be respectively specified in the fourth column of the
said Schedule.

(3) Subject to the provisions of sections 16, 17, 18 and 20,
the points of time before which, and the periods of time
within which, the respective instruments must be stamped
shall be those specified in the fifth column of the said
Schedule, and where in the said fifth column it is provided
that an instrument is to be stamped within a certain period
of time after execution, the said period of time shall be
reckoned as commencing on the day after the execution of
the instrument in question by the person who first executes
it, unless otherwise stated in the said Schedule.

(4) Where in the fifth column of the said Schedule it is
specified that an instrument is to be stamped before execu-
tion, such instrument must be stamped before execution by
any party thereto.
(5) If any instrument which is chargeable with stamp duty
is not duty stamped, the person or persons respectively
specified in the sixth column of the said Schedule as being
liable for stamping shall be liable, or jointly and severally
liable, as the case may be, civilly to the Collector for the
payment of the specified duty.

As amended by Law Rev. Ord., 1924.





(6) If any instrument which is liable to stamp duty is not
duly stamped, every person specified in the sixth column of
the said Schedule as being liable for stamping shall also be
deemed to be guilty of an offence against this Ordinance.

(7) Where in the sixth column of the said Schedule the
liability for stamping is imposed upon more persons than one,
every person on whom the said liability is imposed may, if
the ' Instrument is not duly stamped, be proceeded against
eihter civilly or criminally without reference to any civil
liability of the parties inter se for the payment of the 'stamp
du6.
(8) Where in the said Schedule it is specified that the
stamp duty is to be payable otherwise than by means of
stamps, the duty shall be payable as may be stated in the
said Schedule and in any regulations which may be made
under this Ordinance on the subject.

6.-(1) Subject to the provisions of sub-section (33) of this
section and to the provisions of section 16, no instrument
chargeable with stamp duty under this Ordinance shall be
received in evidence in any proceedings whatsoever, except
(a) in criminal proceedings, and (b) in civil proceedings by
the Colbetor to recover stamp duty, unless such instrument
is duly stamped, whether the point of time before which, or
the period of time within which, such an instrument should
be stamped shall or shall not have arrived or expired as the
case may be.

(2) No instrument chargeable with stamp duty under this
Ordinance shall be acted upon, filed, or registered, by any
public officer or by any company, unless such instrument is
duly stamped, whether the point of time before which, or the
period of time within which, such an instrument should be
stamped shall or shall not have arrived or expired as the
case may be.

(3) Upon the production to any court (other than a criminal
court), arbitrator, referee, company or other corporation, or
public officer, of any instrument which is chargeable with
stamp duty under this Ordinance and which is not duly
stamped, it shall be the duty of such court, arbitrator, referee,
company or other corporation, or public officer, to take notice
of the omission or insufficiency of the stamp on such instru-

As amended by No. 24 of 1922 and Law Rev. Ord., 1924.





ment, and thereupon to take action in accordance with the
following rules:-

(a), If the point of time before which, or the period of time
within which, such an instrument should be stamped has
arrived or expired as the case may be, and if the payment of
stamp duty be compulsory, the instrument shall be im-
pounded and, unless the instrument shall have been produceld
to the Collector himself, shall be forwarded to the Collector-

(b) In any such case, before the exclusion or rejection
of the instrument, the person tendering such instrument, if
he desires, shall be given a reasonable opportunity of apply

ing to the Collector for special leave -under the provisions of
section 16.

(c) If the payment of stamp duty is voluntary, and the
instrument is produced to any such court, arbitrator or
referee, the instrument shall, saving all just exceptions on
other grounds, be received in evidence upon payment to the
court, arbitrator or referee, of the amount of the unpaid
duty and of the penalty if any. Such duty and penalty, If
any, shall be remitted to the Collector with the instument
to be stamped after the instrument has been admitted in
evidence.

(4) If a public officer is empowered or required by law
to act upon, file, or register, a duplicate or copy of any
instrument, and if the original of such instrument would
require to be duly stamped if acted upon, filed, or register-
ed, by such public officer, it shall be lawful for such public
officer to call for the production of the original instrument
or for evidence to his satisfaction that it was duly stamped,
and no public officer shall act upon, file, or register, any
such duplicate or copy without production of the original
instrunlent duly stamped or of evidence as aforesaid.
(5) The penalties on stamping instruments out of time
referred to in sub-section (3) (c) shall be as follows:-

within one month out of time $ 5;
over one month and within three
months out of time .....$ 25;
over three months and within six
months out of time .....$ 50;
over six mouths out of time. $100.





7.-(1) Every instrument written upon stamped material
is to be written in such manner, and every instrument partly
or wholly written before being stamped is to be so stamped,
that the stamp may appear on the face of the instrument,
and cannot be used for or applied to any other instrument
written upon the same piece of material.

(2) If more than one instrument is written upon the
same piece of material, every one of the instruments is to be
separately and distinctly stamped with the duty with which
it is chargeable.

8.-(1) An instruinent containing or relating to several
distinct matters shall be separately and distinctly charged,
as if it were a separate instrument, with duty in respect of
each of the matters.

(2) An instrument made for any consideration in respect
whereof it is chargeable with ad valorem duty, arid also for
any further or other vahiable consideration or considerations,
shall be separately and distinctly charged, as if it were a
separate instument, with duty in respect of each of the

considerations.

(3) An instrument which is chargeable under more. than
one heading in the Schedule shall be charged under that
heading which imposes the highest duty.

9. All the facts and circumstances affecting the liability
of any instrument to duty, or the amount of the duty with
which an instrument is chargeable, are to be fully and truly
set forth in the instrument; and every person who with
intent to defraud the Government-

(a) executes any instrument in which all the said facts
and circumstances are not fully and truly set forth; or

(b) being employed or concerned in or about the prepara-
tion of any instrument, neglects or omits fully And truly to
set forth therein all the said facts and circumstances,

shall be deemed to commit an offence against this Ordi-
nance.

As amended by Law Rev. Ord., 1924.





9A. Whenever any instrument is tendered for stamping,
the Collector may require to be furnished with an abstract
of the instrument, and also with such evidence as he may
deem necessary in order to show to his satisfaction whether
all the facts and circumstances affecting the liability of the
instrument to duty, or the amount of the duty chargeable
thereon, are fully and truly set forth therein.

10.-(1) Where any minimum amount is prescribed
below which stamp duty shall not be payable, no person
shall - execute more instruments than would ordinarily be
necesstry for the traiisaction in question, in order to evade
stamp duty by such splitting.

(2) Where a scale is prescribed tinder which the rate of
stamp duty is increased after passing certain limits, no
person shall execute more instruments than would ordinarily
be necessary, for the transaction in question, in order to
evade stamp duty by such splitting.

(3) In any question whatsoever arising under this section,
the onus of proof shall he upon the person who asserts that
there has been no splitting in order to evade stamp duty.


11.-(1) Where stamp duty is required or permitted by
law to be denoted by an adhesive stamp, such stamp shall
be cancelled in such a manner as to render it incapable of
being used again for any revenue purpose.
(2) Where an instrument, the stamp duty on which is
required or permitted by law to be denoted by an adhesive
stamp, is to be stamped before execution, or before issue,
or before, being parted with by the maker, or before the
doing of any other act, the first person executing, or the
person issuing, or the maker, or the person doing such other
act, as the case may be, shall cancel the adhesive stamp
before execution, or before issuing, or before parting with
the instrument, or before doing such other act, as the case
may be.
(3) Where an instrument, the stamp duty on which is
required or permitted by law to be denoted by an adhesive
stamp, is to be stamped within a certain period after any
event, the person affixing the adhesive stamp shall cancel it
forthwith and before he parts with the instrument.

As amended by No. 21 of 1921 and Law Rev. Ord., 1924.
As amended by No. 21 of 1921.
As amended by Law Rev. Ord., 1924.





(4) Subject to the provision's of sections 16, 18 and 20, an
instrument, the stamp duty on which is denoted by an
adhesive stamp, shall not be deemed to have been duly
stamped unless sucli stamp has been cancelled as required
by this section.

12.-(1) Notwithstanding any of the provisions of the
Schedule with respect to overembossing, it shall be lawful
for the Collector, when the stamp duty on an instrument
exceeds one thousand dollars, to- denote, such duty by an
impressed stamp which shall bear on it in writing a statement
of the amount of the duty and the Collector's signature or

initials.

(2) Postage stamps shall not be used for the purpose of
paying any stamp duty under this Ordinance.
(3) No document shall be stamped with the stamp denoting
that it is not chargeable with any duty until it has been
stamped with the adjudication fee stamp.

(4) The adjudication fee stamp shall in every case contain
the signature or initials of the Collector.

(5) No instrument which has been stamped by special
leave given under the provisions of section 16 shall be
deemed to be duly stamped unless the Collector's signature
shall appear thereon.

(6) Where the duty with which an. instrument is charge-
able depends in any manner upon the duty paid upon another
instrument, the payment of the last-mentioned duty shall,
upon. application to the Collector and production of both the
instruments, be denoted upon the first-mentioned instrument
in such manner as the Collector thinks fit.

(7) The provisions of this section may be rescinded or
amended in any way whatsoever by regulations made under
the provisions of section 4.

13. The duplicate or counterpart of an instrument charge-
able with duty (except the counterpart of an instrument
chargeable as a lease, such counterpart not being executed
by or on behalf of any lessor or grantor), is not to be deemed
duly stamped unless it is stamped as an original instrument,
or unless it appears by some stamp. impressed thereon, or by

As amended by Law Rev. Ord., 1924.





some indorsement made by the Collector thereon, that the
full and proper duty has been paid upon the original instru-
ment of which it is the duplicate or counterpart.

14.-(1) Subject to such rules as the Collector may think
fit to make, the Collector may be required by any person to
express his opinion with reference to any executed instrument
upon the following questions:-
(a) whether it is chargeable with any duty;
(b) with what amount of duty it is chargeable.

(2) The Collector may require to be furnished with an
abstract of the instrument, and also with such evidence as
he may deem necessary, in order to show to his satisfaction
whether all the facts and eircumstancesaffecting the liability
of the instrument to duty, or the amount of the duty charge-
able thereon, are fully and truly set forth therein.

(3) If the Collector is of opinion that the instrument is
not chargeable with any duty, it may be stamped with a
particular stamp denoting that it is not chargeable with any
duty.
(4) If the Collector is of opinion that the instrument is
chargeable with duty, he shall assess the duty with which it
is in his opinion chargeable, and when the instrument is
stamped in accordance with the assessment it shall also be
stamped with the adjudication stamp.
(5) Every instrument stamped with the particular stamp
denoting either that it is not chargeable with any duty, or
with the adjudication stamp, shall be admissible in evidence,
and available for all purposes notwithstanding any objection
relating to duty.
(6) An instrument upon which the duty has been assessed
by the Collector shall not, if it is unstamped or insufficiently
stamped. be stamped otherwise than iii accordance with the
assessment.
(7) Nothing in this section shall extend to any instrument
chargeable with ad valorem duty, and niade as a security for
money or stock without limit.
(8) Nothing in this section shall authorise the stamping
after the execution thereof of any instrument which by law
cannot be stamped after execution.
As amended by Law Rev. Ord., 1924.





(9) A statutory declaration made for the purpose of this
section shall not be used against any person making the
same in any proceeding whatever, except in an Inquiry as to
the duty with which the instrument to which it relates is
chargeable; and, if such declaration is true, every person
by whom it is made shall, on payment of the duty chargeable
upon the instrument to which it relates, be relieved from any
fine or disability to which he may be liable by reason of the
omission to state truly in the instrument any fact or circum-
stance required by this Ordinance to be stated therein.

(10) The person submitting the instrument for assessment
shall pay to the Collector the adjudication fee specified in
the Schedule.

15-(1) Any person who is dissatisfied with the assessment,
of the Collector may, within twenty-one days after the date
of the assessment and on payment of duty in conformity
therewith, appeal aginst the assessment to the court and
may for that purpose require the Collector to state and sign

a case, setting forth the question upon which his opinion
was required, and the assessment made by him.

(2) The Collector shall thereupon state and sign a case
and deliver the same to the person bv whom it is required,
and the case may, within seven days thereafter, and after
service thereof upon the Crown Solicitor, be set down by
such person for hearing.

(3) Upon the. hearing ofthe case, the court shall determine
the question submitted, and, if the instrument in question is
in the opinion of the court chargeable with any duty, shall
assess the duty with which it is chargeable.

(4) If it is decided by the court that the assessment of the
Collector was erroneous, any excess of duty which may have
been paid in conformity with the erroneous assessment,
together with any fine or penalty which may have been paid
in consequence thereof, shall be ordered by the court to be
repaid to the appellant, with or without costs as the court
may determine.

(5) If the assessment of the Collector is confirmed, the
court may make an order for payment to the Collector of the
costs incurred by him in relation to the appeal.





(6) In this section, the court means the Supreme Court
in its summary jurisdiction: Provided that the Chief Justice
may direct that any appeal under this section shall be heard
by the Full Court of two judges.

16.-(1) Where an instrument is chargeable with stamp
duty under this Ordinance and should have been stamped
before a certain event, or before the expiration of a certain
period, but has not been so stamped, it shall be lawful for
the Collector to give special leave for the stamping of such
instrument if he is satisfied-

(a) that the omission or neglect to stamp duly did not
arise from any intention to evade payment of stamp duty or
otherwise to defraud, and

(b) that either-

(i) such omission or neglect arose solely from urgent
necessity or unavoidable accident, and that the instrument
hasbeen brought to be stamped without delay, or

(ii) that the circumstances of the case are otherwise so
exceptional as to justify special permission being given.

(2) If the Collector grants special leave under the provisions
of sub-section (1) for the stamping of any instrument, such
instrument may be stamped on payment of the following

penalties in addition to the stamp duty

(a) if the instrument is stamped within one month of the
point of time before which, or the expiration of period of
time within which, it should have been stamped, the penalty
shall be double the amount of deficient duty, ;

(b) if within two months, four times the amount of deficient
duty and

(c) if after two months, ten times the amount of deficient
duty

Provided that it shall be lawful for the Collector in his
discretion to remit the whole or any part of the penalty
provided by this sub-section.

(3) If any person applying for special leave under this
section is dissatisfied with any decision of the Collector -upon
such application, it shall be lawful for such person to

* As amended by Law Rev. Ord., 1924.





require his application to be referred to the Governor in
Council- whose decision thereon shall be final for all pur-
poses.

(4) Upon any application for special leave under the
provisions of this section, it shall be lawful for the Collector,
or for the Governor in Council, to require such sworn or
other evidence in Support of the application as he may
require.
(5) When an instrument has been stamped by special
leave mider the provisions of this section, such instrument
shall be deemed to have been. duly stamped for the purposes
of section 6.

17. Every instrument. exectited ont of the Colony by any
person, not, being a bill of exchange or a promissory note,
shall, before being used, brought into force, or registered,
within tbe Clolony, be stamped according to the rate of duty
to which it would have been liable if it had been executed
in the first instance within the Colony, whatever the
Provisions of the Schedule may be with regard to the tinie
before which or the period within which sneh an instrument,
if executed in the first instance withn the colony, should be
stamped.

18.-(1) Every person into whose hands any bill of
exchange or promissory note drawn or made out of ihe Colony
comes in the Colony before it is stamped shall, before he
presents for payment, or indorses, transfers, or in any manner
negotiates, or pays the bill or note, affix thereto-a proper
adhesive stamp or proper adhesive stamps of sufficient
amount, and cancel every stamp so affixed thereto.

(2) Provided as follows :-
(a) If at the time when any such bill or note comes into
the hands of any bona. fide. holder there is affixed thereto an
adhesive stamp effectually cancelled, the stamp shall, so far
as relates to the holder, be deemed to be duly cancelled,

although it may not appear to have been affixed or cancelled
by the proper person; and
(b) If at the time when any such bill or note conies into
the hands of any bona^ fide holder there is affixed thereto an
adhesive stamp not duly cancelled, it shall be competent for

As amended by Law Rev. Ord., 1924.





the holder to cancel the stamp as if he were the person by
whom it was affixed, and upon his so doing the bill or note
shall be deemed duly stamped, and as valid and available as
if the stamp had been cancelled by the person by whom it
was affixed.

(3) But neither of the foregoing provisos is to relieve any
person from any fine or penalty incurred by him for not can-
celling an adhesive stamp.

19.-(1) When a bill of exchange is drawn lu a set accord-
ing, to the custom of merchants, and one of the set is duly
stamped, the other or others of the set shall, unless issued or
in some manner negotiated apart from the stamped bill, be
exempt from ditty; and upon proof of the loss or destruction
of a duly stamped bill forming one of a set, any other bill
of the set which has not been issued or in any manner
negotiated apart from the lost or destroyed bill may, although
unstainped, be admitted in evidence to prove the contents of
the lost or destroyed bill.

(2) No bills of exchange in sets shall be stamped in which
the words First and Second , or First Second
and Third are left blank, nor in which the words
second of the same tenor and date being unpaid or the
like, -are wholly or partly left blank.

20.-(1) Every person who issues, indorses, transfers,
negotiates, presents for payment, or pays any bill of
exchange or promissory note chargeable with duty and not
being duly stamped shall be deemed to commit an offence
against this Ordinance, and the person who takes or receives
from any other person any such bill or note either in pay-
ment or as a security, or by purchase or otherwise, shall not
be entitled to recover thereon, or to make the same available
for any purpose whatever.

(2) Provided that if any bill of exchange payable on
demand or at sight or on presentation is presented for pay-
ment unstamped, the person to whom it is presented may
affix thereto an adhesive stamp of ten cents, and cancel the
same, as if he had been the drawer of the bill, and may
thereupon pay the sum in the bill mentioned, and charge the
duly in account against the person by whom the bill was
drawn, or deduct the duty from the said sum, and the bill is,
so far as respects the duty, to be deemed valid and available.





(3) But the foregoing proviso is not to relieve any person
from any fine or penalty incurred by him in relation to such
bill.

21.-(1) Subject to any temporary regulations which may
be made under this Ordinance, no architect, barrister, dentist
(whether registered as a dental surgeon or an exempted
person), medical practitioner, pharmaceutical chemist or
solicitor, shall practise his profession or any part thereof in
the Colony, whether wholly or in part on his own account or
as an assistant or servant of any other person, unless he is in
:possession of a valid and current certificate to practise which
shall be stamped in accordance with the provisions of Head-
ing No. 13 of the Schedule.
(2) No person who is required under the provisions of this
section to take out a certificate shall be entitled to recover
any fees, costs or other remuneration on any cause of action
arising after the commencement of this Ordinance, unless
either-
(a) he was in possession of a valid certificate to practise
at the tinie when the cause of action arose, or
(b) he is at the time of judgment in possession of a duly
stamped certificate to practise covering the time when the
cause of action arose.

(3) This section shall not apply to any person the whole of
whose time is at the disposal of the Crown.

22.-(1) When any exchange contract is, either wholly or
in part, cancelled, or set off, or otherwise terminated, or
carried out, by some transaction upon which neither bill of
exchange nor telegraphic transfer duty is paid, the person
specified in the sixth column of Heading No. 20 of the
Schedule as the person liable for stamping shall forthwith
execitte a cancellation note, which shall set forth the amount
of currency so cancelled or set off or otherwise released, and
such cancellation note shall be stamped with the duty
specified in the Schedule.
(2) The duty shallbe calculated on the equivalent of the
sum of foreign currency in the currency of the Colony at the
rate of exchange which under the contract would be the rate

* As amended by No. 24 of 1922 and Law Rev, Ord., 1924.
+ As amended by No. 21 of 1921 and Law Rev. Ord., 1924.





of exchange for delivery on the date on which the contract
is, wholly or in part, cancelled, or set off, or; otherwise
terminated, or carried out, by the transaction on which
neither bill of exchange nor telegraphic transfer duty is paid.

(3) If the exchange contract is only partly cancelled, or set
off, or otherwise terminated, or carried out, by a transaction
on which neither bill of exchange nor telegraphic transfer
duty is paid, exchange contract duty shall be paid on the
equivalent in Hongkong currency, as provided in sub-
section (2), of the amount of foreign currency cancelled,
or set ofF, or otherwise released.

(4) Without prejudice to the rights of the seller and
purchaser inter se, the person specified in the sixth column
of Heading No. 20 in the Schedule as the person liable for
stamping shall be liable under this Ordinance for the
stamping of any exchange contract cancellation note which
is required to be stamped under the provisions of this section.

(5) Every exchange contract cancellation note shall be
duly stamped within two days after the exchange contract
has been wholly or in part cancelled, or set off, or otherwise
terminated, or carried out, as aforesaid: Provided that no
general holiday shall be reckoned in the computation of the
said period of two days.

(6) No duty shall be payable upon exchange contracts for
the account and in the name of any person ordinarily resident
or carrying on business in Canton if the transaction bona^ fide
originated in and is financed in Canton.

(7) It shall be lawful for the Collector in his discretion to
allow an exchange contract cancellation note to be executed
by a banker without being stamped, or without being fully
stamped, if the Collector is satisfied that the amount of the
duty cannot be recovered., or can be recovered only in part,
from the person who is or was liable to the banker for the
payment of the amount of the duty.

(8) If the parties to an exchange contract mutually agree
to cancel the contract, exchange contract cancellation note
duty shall be payable only in respect of the original contract,
provided that the agreement is come to, and the exchange
for the cancellation is fixed, and the transaction is completed,
on the same day.





23.-(1) Any conveyance or transfer operating as a volun-
tary disposition tnter vltvos shall be chargeable with the like
stamp duty as if it were a conveyance or transfer on sale,
with the substitution in each case of the value of the property
conveyed or transferred for the amount or value of the
consideration for the sale.
(2) Where any instrument is chargeable with duty both as
a conveyance or transfer under this section and as a settlement,
the instrument shall be charged with duty as a conveyance
or transfer under this section, but not as a settlement.

(3) Any conveyance or transfer (not being a disposition
made in favour of a purchaser or incumbrancer or other
person in good faith and for valuable consideration) shall,
for the purposes of this section, be deemed to be a conveyance
or transfer operating as a voluntary disposition inter rivos,
and (except where a marriage is the consideration) the
consideration for any conveyance or transfer shall not for
this purpose be deemed to be valuable consideration where
the Collector is of opinion that by reason of the inadequacy
of the sum paid as consideration or other circumstances the
conveyance or transfer confers a substantial benefit on the
person to whom the property is conveyed or transferred.
(4) A conveyance or transfer made for noininal considera-
tion for the purpose of securing the repayment of an advance
or loan or made for effectuating the appointment of a new
trustee or the retirement of a trustee, whether the trust is
expressed or implied, or under which no beneficial interest
passes in the property conveyed or transferred, or made to a
beneficiary by a trustee or other person in a fiduciary capacity,
under any trust, whether expressed or implied, shall not be
charged with duty under this section, and this sub-section
shall have effect notwithstanding that 1he circumstances
exempting the conveyance or transfer from charge under
this section are not set forth in the conveyance or transfer.

24.---(1) Every letter or power of attorney for the sole
purpose of appointing a proxy to vote at a single meeting
shall specify the day upon which the meeting at which It is
intended to be used is to be held, and shall be available only
at the meeting so specified and any adjournment thereof.
(2) Every person who votes or attempts to vote under or
by means of any letter or power of attorney which is not
duly stamped, and every person who accepts any such vote,
shall be deemed to commit an offence against this Ordinance.





(3) Every vote given or tendered under the authority or
by means of any such letter or power of attorney which is
not duly stamped shall be absolutely null and void.

25. Every person who ref uses to give a duly stamped
receipt in any case where a receipt would be chargeable
with stamp duty shall be deemed to commit an offence
against this Ordinance.

26.-(1) Every person who effects any sale or purchase
of any shares or marketable securities as a broker or agent;
and every person who by way of business deals or holds
himself out as dealing as a principal in any shares or market-
able securities, shall forthwith make and execute a contract
note, and transmit the note to his principal, or to the vendor
or purchaser of the shares or marketable securities, as the case
may be.

(2) No broker, agent, or other person shall have any legal
claim to any charge for brokerage, coun-nission, or agency,
with reference to the sale or purchase of any shares. or
marketable securities, if he falls to comply with the provisions
of this section.
(3) Any stamp duty on a contract note may be added to
the charge for brokerage or agency, and shall be recoverable
as part of such charge.
(4) Where a contract note is a continuation or carrying
over note made for the purpose of continuing or carrying
over any transaction for the sale or purchase of shares or
marketable securities, the contract note, although it is made
in respect of both a sale and purchase, shall be charged with
.duty under this section as if it related to one of those transae-
tions only, and, if different rates of duty are chargeable in
respect of those transactions, to that one of those transactions
which would render the contract note chargeable at the
highest rate.
(5) Where a contract note advises the sale or purchase of
more than one. description of share or marketable security,
the note shall be deemed to be as many contract notes as
there are descriptions of shares or securities sold or purchased.
(6) The provisions of this Ordinance as to contract notes
shall apply to any contract under which an option is given
or taken to purchase or sell any shares or marketable

* As amended by Law Rev. Ord., 1924.





securities at a future time at a certain price, as it applies to
the sale or purchase of. any shares or marketable securities,
but the stamp duty on such a contractshall be one-half only
of that chargeable on a contract note: Provided that, if under
the contract a double option is given or taken, the contract
shall be deemed to be a separate contract in respect of each
option.
(7) Any contract note made or executed in pursuance
and in consequence of the exercise of an option given or
taken under a contract duly stamped in accordance with
the provisions of sub-section (6) shall be charged with one-
half only of the duty which would otherwise have been
chargeable thereon under this section, provided that it
bears on its face a certificate by the broker, agent or other
person mentioned in sub-section (1) to the effect that it is
made or executed in the exercise of an option for which a
duly stamped contract has been. rendered on the date
mentioned in the certificate.

27.-(1) Every person who despatches any money from
the Colony on behalf of any other person by telegraphic
transfer shall, within two days after the despatch of the
money, give to such other person a telegraphic transfer
advice in which shall be stated the equivalent in the cur-
rency of the Colony of the money so despatched.

(2) Every person who despatches any money froin the
Colony on behalf of any other person by telegraphic transfer
shall be entitled to recover the stamp duty payable in
respect of the transaction from the person at whose request
the money is despatched.

(3) No general holiday shall be reckoned in the com-
putation of the period of two days specified in sub-section (1).
(4) This section shall not apply to telegraphic transfers
in silver currencies from the Colony to China.

28.-(1) Where an instrument is chargeable with ad
valorent duty in respect of any money in currency other
than the Currency of the Colony, the duty shall be calculated
on the value, on the day of the date of the instrument, of
the money in the currency of the Colony according to the
current demand rate of exchange.

As amended by Law Rev. Ord., 1924.





(2) Where an instrument contains a statement of the rate
of exchange, and.is stamped in accordance with that state-
ment, it is, so far as regards the subject-matter of the
statement, to be deemed to be duly stamped, unless or until
it is shown that the statement is untrue, and that the instru-
ment is in fact insufficiently stamped.
(3) Notwithstanding anything contained in this section,
it shall be, lawful for the Governor in Council to prescribe
by regulation the manner in' which the duty is to be cal-
culated or ascertained on any such instrument as is referred
to in this section.

29.-(1) Where the consideratio'n, or any part of the
consideration, for a conveyance on sale consists of any
shares or marketable securities, the conveyance is to be
charged with ad valorein duty in respect of the value of
the shares or securities on the day of the date of such
conveyance.
(2) Where the consideration, or any part of the considera-
tion, for a conveyance on sale consists of any security not
being a marketable security, the conveyance is to be
charged with ad valorem duty in respect of the amount due
on the dav of the date thereof for principal and interest
upon the security.
30. Where any property is conveyed to any person in
consideration, wholly or in part, of any debt due to him,
or subject either certainly or contingently to the payment
or transfer of any money or shares, whether being or
constituting a charge or incumbrance upon the property
or not, the debt, money, or shares are to be deemed the
whole or part, as the case may be, of the consideration in
respect whereof the conveyance is chargeable with ad
valorem, duty.

31.-(1) Where property contracted to be sold for one
consideration for the whole is conveyed to the purchaser
in separate parts or parcels by different instruments, the
consideration is to be apportioned in such manner as the
parties think fit, so that a distinct consideration for each
separate part or parcel is set forth in the conveyance
relating thereto, and such conveyance is to be charged with
ad valorem duty in respect of such distinct consideration.,
(2) Where property contracted to be purchased for one
consideration for the whole by two or more persons jointly,





or by any person for himself and others, or wholly for others,
is conveyed in parts or parcels by separate instruments to the
persons by or for whom the same was purchased - for distinct
parts of the consideration, the conveyance for each separate
part or parcel is to be charged with ad valorent duty in respect
of the distinct part of the consideration therein specified.

(3) Where there are several instruments of conveyance for
completing the purchaser's title to property sold, the principal
instrument of conveyance only is to be charged with ad
valorem duty, and the other instruments are to be respectively
charged with such other duty as they may be liable to, but
the last-mentioned duty shall not exceed the ad. valorent duty
payable in respect of the principal instrument.

(4) Where a person having contracted for the purchase of
any property, but not having obtained a conveyance thereof,
contracts to sell the same to any other person and the
property is in consequence conveyed mimediately to the
sub-purchaser, the conveyance is to be charged with ad
valorem duty in respect of the consideration moving from
the sub-purchaser.

(5) Where a person having contracted for the purchase of
any property but not having obtained a conveyance contracts
to sell the whole, or any part or parts thereof, to any other
person or persons, and the property is in consequence con-
veyed by the original seller to different persons in parts or
parcels, the conveyance of each part or parcel is to be charged
with ad valorem duty in respect only of the consideration
moving from the sub-purchaser thereof, without regard to
the amount or value of the original consideration.
(6) Where a sub-purchaser takes an actual conveyance of
the interest of the person immediately selling to him, which
is chargeable with ad valorent duty in respect of the con-
sideration moving from him, and is duly stamped accordingly,
any conveyance to be afterwards made to him of the same
property by the original seller shall be chargeable only with
Such other duty as it may be liable to, but the last-mentioned
duty shall not exceed the ad valorein duty.
32.-(1) A security for the payment or repayment of
money to be lent, advanced, or paid, or which may become
due upon an account current, either with or without money
previously due, is to be charged, where the total amount
secured or to be ultimately recoverable is in any way limited,
with the same duty as a security for the amount so limited.





(2) Where such total amount is unlimited, the security is
to be available for such an amount only as the ad valorein
duty impressed thereon extends to cover, but where any
advance or loan is made in excess of the amount covered by
that duty the security shall for the purpose of stamp duty be
deemed to be a new and separate instrument, and as executed
by all the parties and as bearing date on the day on which
the advance or loan is made.
(3) Provided that no money to be advanced for the insur-
ance of any property comprised in the security against
damage by fire, or for keeping up any policy of life insurance
comprised in the security, or for effecting in lieu thereof any
new policy, or for the renewal. of any grant or lease of any
property comprised in the security upon the dropping of as
life whereon the property is held, shall be reckoned as
forming part of the amount in respect whereof the security
is chargeable with ad valorem duty.

33. The duty on tontine mortgages shall be calculated on
the principal sum advanced and not on the total amount of
the payments secured.
34. The following instruments shall be exempt from stamp
duty under this Ordinance to the extent hereinafter stated:-
(1) All instruments executed. by or on behalf of His
Majesty, or by or on behalf of any officer of His Majesty's
service in his official capacity, shall be wholly exempt from
duty: Provided that this exemption shall not extend to any
document executed by any such officer as Official Administra-
tor, or as Official Receiver, or as Official Receiver of com-
panies, or as a liquidator, or as Official Trustee, or in
pursuance of any order or writ of any court.
(2) All instruments for the sale, transfer, or other disposi-
tion, either absolutely or by way of mortgage or otherwise,
of any vessel, or of any part, interest, share, or property, of
or in any vessel, shall be wholly exempt from duty.
(3) All instruments which relate to property situate out of
the Colony, other than shares and marketable securities,
shall be exempt from duty in respect of such property.

35. Whenever the Land Officer shall certify that a re-
assignment has been Made for the sole purpose of enabling
the mortgagor as the owner of any property held from the
Grown to obtain a Crown lease thereof, and that a new
mortgage of the same property similar in all respects to the





previous mortgage was made immediately upon the granting
of such Crown lease, then such re-assignment and new
mortgage shall be exempt from stamp duty, and the Collect-
or shall, on production to him of such certificate and of such
re-assignment and new mortgage, indorse thereon a certificate
to the effect that the same are under this section exempt
from stamp duty.

36. In case any instrument of which an attested copy
shall. be made has annexed to it or subscribed upon it any
certificate, affidavit, declaration, or attestation referring to
the execution of stich instrument or to any other formality
in connexion with such instrument, no separate or additional
stamp shall be required for or in respect of anattested copy
of any such certificate, affidavit, declaration, or attestation,
and the stamp of three dollars upon the attested copy of
the principal instrument shall be deemed to cover and
include the attested copies of all such certificates, affidavits
declarations, and attestations.

37. The impressions of Chinese names, shop names, or
trading names, commonly called chops , shall not be
deemed to be seals for the purpose of this Ordinance.

38. The Government shall not be responsible for the loss
of or for damage to any instrunient tendered for stamping
whilst in the custody of the Collector, nor shall any officer
of the Stamp Office be responsible for such loss or damage,
unless he has caused it wilfully, frandulently, or by gross
negligence.

39.-(1) Where any obligation or liability is under the
provisions of this Ordinance imposed upon a corporate body,
and such obligation or liability is not discharged, every
director, manager, secretary, and other officer, of the cor-
porate body, who is wilfully a party to the default, and the
said corporate body, shall be deemed to cornmit an offence
against this Ordinance.

(2) Where any obligation or liability is under the provi-
sions. of this Ordinance imposed upon a firm, and such
obligation or liability is not discharged, every partner in the
said firm, and ' every servant of the said firm, who is wilfully
a party to the default, and the person appearing to have the
management of the said firm within the Colony, shall be
deemed to conimit an offence against this Ordinance.





40.-(1) If it appears to a magistrate upon the oath of
any person that there is reason to believe that there are or
may be upon or in the possession or under the control of any
person, or on any premises, any books of account or other
instruments whatsoever any of the contents of which may
tend to show that an offence against this Ordinance has been
committed, it shall be lawful for such magistrate to issue a
search warrant authorising any person named or referred to
in the said warrant to search any such person, and to enter
and search any such premises and any person found therein,
and to inspect and take copies of any books of account or other
instruments found on such premises or upon such person.
(2) Any copies so taken shall be admissible in evidence
in any proceedings under this Ordinance.
(3) No person shall obstruct any such inspection or taking
of copies in any manner whatsoever.
(4) Every person in whose possession or under whose
control there may be any books of account or other docu-
ments whatsoever which the Collector, or any person
authorised thereto by him in writing, may wish to inspect
for the purposes of this Ordinance, shall afford to the Collector,
or to the person duly authorised by him, all reasonable,
facilities for such inspection and for taking copies of such
books of account and documents.
41. Every person who for the purpose of evading any
stamp duty payable under this Ordinance shall. falsify,
mutilate, or destroy any book of account or other instru-
ment whatsoever shall be deemed to commit an offence
against this Ordinance.

42.-(1) No complaint shall be made, or information
laid, for any offence against this Ordinance except within
two years from the date of the offence.
(2) No prosecution shall be instituted under this Ordi-
nance except with the consent of the Collector.

43. Every person who commits or attempts to commit
any offence against this Ordinance shall upon summary
conviction be liable to a fine not exceeding ten thousand dollars
and to imprisonment for any term not exceeding one year.

[s. 44, rep. Law Revision Ordinance, 1924.]

45. This Ordinance shall come into operation on the
2nd day of May, 1921.












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2622 No. 8 of 1921 STAMP [Originally No. 8 of 1921. No. 21 of 1921. No. 24 of 1922. Law Rev. Ord., 1924.] Short title. Collector and Assistant Collector. Interpretation. Accident policy. 54 & 55 Vict.c. 39, s. 98. Bank note. 54 & 55 Vict.c. 39, s. 29. Banker. 54 & 55 Vict.c. 39, s. 29. [s. 3 contd.] Bill of exchange. 54 & 55 Vict.c. 39, s. 32. Bill of lading. Charter party. 54 & 55 Vict.c. 39, s. 49. Cheque. Compradore order. [s. 3 contd.] Conveyance on sale. 54 & 55 Vict.c. 39, s. 54. Exchange contract. Executed Execution. 54 & 55 Vict.c. 39, s. 122. Foreclosure order. 61 & 62 Vict.c. 10, s. 6. Godown warrant. 54 & 55 Vict.c.39, s. 111(1). Instrument. 54 & 55 Vict.c. 39, s. 122. Letter of hypothecation. Life policy. 54 & 55 Vict.c. 39, s. 98. Marine policy. 54 & 55 Vict.c. 39, s. 92(1). [s. 3 contd.] Marketable security. 54 & 55 Vict.c. 39, s. 122. Mortgage. 54 & 55 Vict.c. 39, s. 86 Officer of His Majesty's service. [s. 3 contd.] Partnership instrument. Person. Policy of insurance. 54 & 55 Vict.c. 39, s. 91. Promissory note. 54 & 55 Vict.c. 39, s. 33. Receipt. 54 & 55 Vict.c. 39, s. 101. Servant's security agreement. Settlement. 54 & 55 Vict.c. 39, First Schedule. Share. 54 & 55 Vict.c.39, s. 122. Share contract note. 10 Edw. 7 & 1 Geo. 5, c. 8, s. 77 (3). Regulations. Schedule. Liability to stamp duty, nature of stamp, and time of stamping. Schedule. Non-admissibility of unstamped instruments. 54 & 55 Vict.c. 39, ss. 14, 17, 41. [s. 6 contd.] How instruments are to be written and stamped. 54 & 55 Vict.c. 39, s. 3. Instruments chargeable under more than one heading. 54 & 55 Vict.c. 39, s. 4. Facts and circumstances affecting duty to be set forth in instruments. 54 & 55 Vict.c. 39, s. 5. Collector to have power to call for abstract and evidence. Splitting. Cancellation of adhesive stamps. 54 & 55 Vict.c. 39, s. 8. Methods of stamping and denoting. Schedule. 54 & 55 Vict.c. 39, s. 11. Duplication and counterparts. 54 & 55 Vict.c. 39, s. 72. Adjudication of duty by Collector. 54 & 55 Vict.c. 39, s. 12. Schedule. Appeal against assessment. 54 & 55 Vict.c. 39, s. 13. Stamping by special leave. 54 & 55 Vict.c. 39, s. 15. 58 & 59 Vict.c. 16, s. 15. Instruments executed out of the Colony. 54 & 55 Vict.c. 39, s. 15(2)(a), (3)(a). Schedule. Foreign bills and notes. 54 & 55 Vict.c. 39, s. 35. Bill in sets. 54 & 55 Vict.c. 39, s. 39. Penalty for issuing, etc., any unstamped bill or note. 54 & 55 Vict.c. 39, s. 38. Certificates to practise. Schedule. Exchange contracts. Schedule. [s. 22 contd.] Schedule. Gifts inter vivos. 10 Edw. 7 & 1 Geo. 5, c. 8, s. 74. Proxies. 54 & 55 Vict.c. 39, s. 80. Refusal to give receipt. 54 & 55 Vict.c. 39, s. 103. Share contract notes. 10 Edw. 7 & 1 Geo. 5, c. 8, s. 78 (1). 10 Edw. 7 & 1 Geo. 5, c. 8, s. 78 (3). 10 Edw. 7 & 1 Geo. 5, c. 8, s. 78 (5). 10 Edw. 7 & 1 Geo. 5, c. 8, s. 77(2). 10 Edw. 7 & 1 Geo. 5, c. 8, s. 77(4). 10 Edw. 7 & 1 Geo. 5, c. 8, s. 79 (1). 10 Edw. 7 & 1 Geo. 5, c. 8, s. 79 (2). Telegraphic transfers. Calculation of ad valorem duty as regards foreign currency. 54 & 55 Vict.c. 39, s. 6. 62 & 63 Vict.c 9, s. 12. Calculation of ad valorem duty where the consideration consists of shares or securities. 54 & 55 Vict.c. 39, s. 55. Calculation of ad valorem duty where the conveyance is in consideration of a debt, etc., to be charged. 54 & 55 Vict.c. 39, s. 57. Conveyance duty in certain cases. 54 & 55 Vict.c. 39, s. 58. Security for future advances, how to be charged. 54 & 55 Vict.c. 39, s. 88. Tontine mortgages. General exemptions. Re-assignments and mortgages made for the sole purpose of a new Crown lease. Attested copies of instruments containing attestation clauses. Chinese chops. Responsibility for loss of or damage to instrument. Liability of the case of corporate bodies and firms. Inspection. Falsification. Limitation of time and consent of Collector. Penalties. Commencement. [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.]