COMMODITY EXCHANGES (PROHIBITION) ORDINANCE - minor amendment

CHAPTER 82

COMMODITY EXCHANGES (PROHIBITION)

The Commodity Exchanges (Prohibition) Ordinance is
amended in section 3(a) by repealing 'Public Health and Urban
Services Ordinance' and substituting 'Public Health and Municipal
Services Ordinance'.
10 of 1986 s. 32(1)

10 of 1986 s. 32(1)

https://oelawhk.lib.hku.hk/items/show/3670

PORT CONTROL (CARGO WORKING AREAS) ORDINANCE - minor amendment

CHAPTER 81

PORT CONTROL (CARGO WORKING AREAS)

The Port Control (Cargo Working Areas) Regulations are
amended by repealing the Schedule and substituting-

SCHEDULE [regs. 5C(5) & 22

REES AND CHARGES

In this-Schedule-
(a) a reference to a period of time includes a part of the period;
(b)a reference to a dimension or an amount includes a part of the dimensio
or amount;
(c)a reference to a measurement of a vessel means the measurement a
shown in its licence book or Certificate of Registry; and
(d) 'month' means a calendar month.
..........................On or after
..........................1 October On or after
..........................1989 and 1 October
..........................before1990
..........................1 October
..........................1990
1. Berthing Permit-
(a) Daily Fees-
(i) for each 8 m in length of a vessel to be
berthed alongside the seawall or secured
alongside a crane barge ..20.0026.00
(ii) for each 8 m in breadth of a vessel to be
berthed end on to the seawall or secured
end on to a crane barge ..20.0026.00
(b) Daily Surcharge-
(i) for each 8 m in length of a vessel to be
berthed alongside the seawall or secured
alongside a crane barge for the 1st and
2nd surcharged days per day 230.00 230.00
and for the 3rd and subsequent sur-
charged days per day .....460.00460.00
(ii) for each 8 m in breadth of a vessel to be
berthed end on to the seawall or secured
end on to a crane barge for the I st and
2nd surcharged days per day 230.00 230.00
and for the 3rd and subsequent sur-
charged days per day .....460.00460.00

2. Crane Barge Permit
for every 8 m in length of the vessel per month 4,000.00 4,500.00
3. Cargo Depositing Permit-
(a) for China trade cargo per tonne 1.80 2.20
(b) for other cargo or cargo container per M2 of
land occupied........................................................... 45.00 55.00





On or after
1 October On or after
1989 and 1 October
before 1990
1 October
1990

4. Mobile Crane Permit
per month .................4,500.00 5,300.00
5. Fork Lift Truck Permit-
the lesser of-
(a) per month .............3,600.00 4,300.00
(b) per day ...............180.00215.00
6. Mobile Office Permit-
(a) standard wooden per month 800.00 1,100.00
(b) standard 20 ft. container per month 2,000.00 2,500.00
7. Mobile Shelter Permit
per month .................250.00315.00
8. Working Area Ticket
per hour ..................13.0017.00
9. Parking Area Ticket-
(a) from 8.00 a.m. to 6.00 p.m. per hour 13.00 17.00
to a maximum of ...........52.0068.00
(b) from 6.00 p.m. to 8.00 a.m . 35.00 45.00
10. For the release of any cargo or cargo container
seized under section 5 of the Ordinance per m' of
land occupied per day .....230.00230.00
11. For the issue of any permission in writing not
otherwise specified .......130.00165.00
12. For the issue of a duplicate or replacement ticket,
permit or other written permission 60.00 75.00
13. For the issue of a permit for working cargo after
operating hours ...........130.00150.00
14. For the issue of a permit to van or devan
containers not across a seawall during operating
hours per operation per day 150.00 200.00
(L.N. 312 of 1989)

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INTESTATES' ESTATES ORDINANCE - minor amendment

CHAPTER 73

INTESTATEWESTATES

The Intestates' Estates Ordinance is amended-

(1)in section 4(14) by repealing 'resolutin' and substituting
'resolution';

(2)in section 10(1) by repealing 'Statues' and substituting
'Statutes';

(3)in the Schedule, paragraph 4(4) by repealing 'turst' and
substituting 'trust.
L.N. 419 of 1987

L.N. 419 of 1987

https://oelawhk.lib.hku.hk/items/show/3668

WEIGHTS AND MEASURES ORDINANCE - minor amendment

CHAPTER 68

WEIGHTS AND MEASURES

1. The Weights and Measures Ordinance came into operation on
1 January 1989.

2. The Ordinance is amended-

(1)in Part V of the First Schedule, in item (c) by adding at the
end-

1 tael troy = 37.429 grams
1 mace troy = 1 / 10 tael troy
1 candareen troy = 1 / 10 mace troy

(2)in Part V of the Second Schedule, in the column headed Chinese
Units by adding at the end-

tael. troy
mace troy
candareen troy

(3) in Part V of the Third Schedule, in item (c) by adding at the
end-
Weights of-
any multiples of 100 taels troy
100 taels troy 2 taels troy
50 taels troy 1 tael troy
40 taels troy 5 mace troy
30 taels troy 3 mace troy
20 taels troy 2 mace troy
10 taels troy 1 mace troy
8 taels troy 5 candareen troy
5 taels troy 3 candareen troy
4 taels troy 2 candareen troy
3 taels troy 1 candareen troy
L.N. 351 of 1988 L.N. 344 of 1988 L.N. 344 of 1988 L.N. 344 of 1988

L.N. 351 of 1988 L.N. 344 of 1988 L.N. 344 of 1988 L.N. 344 of 1988

https://oelawhk.lib.hku.hk/items/show/3667

EXCHANGE FUND ORDINANCE - minor amendment

CHAPTER 66

EXCHANGE FUND

The Exchange Fund Ordinance is amended in section 2-

(1)in the definition of 'bank notes lawfully issued', by repealing
'The Hongkong and Shanghai Banking Corporation' and
substituting 'The Hongkong and Shanghai Banking
Corporation Limited';

(2)in the definition of 'note-issuing bank', by repealing 'The
Hongkong and Shanghai Banking Corporation' and
substituting 'The Hongkong and Shanghai Banking
Corporation Limited'.
L.N. 333 of 1989 L.N. 333 of 1989

L.N. 333 of 1989 L.N. 333 of 1989

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IMPORT AND EXPORT ORDINANCE - minor amendment

CHAPTER 60

IMPORT AND EXPORT

1. The Import and Export Ordinance is amended-

(1)by repealing 'Director of Trade' and substituting
'Director-General of Trade' wherever it occurs;

(2)by repealing 'Deputy Director of Trade' and substituting
'Deputy Director-General of Trade' wherever it occurs;

(3)by repealing 'Assistant Director of Trade' and substituting
'Assistant Director-General of Trade' wherever it occurs;

(4) by adding after section 2-
Application of this Ordinance to Ozone Layer
Protection Ordinance (Cap. 403)

2A. (1) In applying the following provisions of this
Ordinance to anything in respect of which a licence may be
issued under the Ozone Layer Protection Ordinance (Cap.
403)-
(a)in sections 8, 9, 11, 20, 21, 33, 34 and 36 a
reference to 'licence' is a reference to a licence
issued under the Ozone Layer Protection
Ordinance (Cap. 403);

(b)in sections 8, 9, 11 and 36(1)(b) a reference to
'Ordinance' is a reference to the Ozone Layer
Protection Ordinance (Cap. 403); and
(c)in sections 5, 20 (except the first reference in
subsection (1)(a)), 20A, 21, 23 to 28, 33, 34,
36(1)(c) and 37 a reference to 'Ordinance'
includes a reference to the Ozone Layer
Protection Ordinance (Cap. 403).
(Added 24 of 1989 s. 18)

2. The Import and Export (General) Regulations are amended in
the Second Schedule by repealing items 2 and 3.

3. The Import and Export (Fees) Regulations are amended in the
Schedule-
(a) in item 1(c)(i), (ii) and (vii), by repealing '20', '60' and
'2V and substituting '25', '65' and '25' respectively;
(b) by adding after item 1 (c)(vii)--
(viii) application of inter-regional transfer of quotas (Forms
TRA 509 and TRA 510) ..............100

(c) in item 4 by repealing '35' and substituting '45';





(d) by adding after item 10-
10A. Issue of a delivery verification certificate for the
certification of delivery of strategic commodities
into Hong Kong .....................40

4. The Import and Export (Registration) Regulations are
amended-

(1) in regulation 3-
(a)in paragraph (m) by repealing the full stop at the end
thereof and substituting a semicolon;
(b) by adding after paragraph (m)-
(n)banknotes and coins after issue into circulation,
being legal tender in any country. (L.N. 384 of
1987)

(2) in regulation 4-
(a) by repealing paragraph (3) and substituting-

(3) Only one declaration is required in respect
of imported articles that-
(a)were imported under one bill of lading or air
waybill; or
(b) (i) have item code numbers with
identical first 4 digits;
(ii) were imported in the same ship,
vehicle, train or aircraft; and
(iii) were consigned from the same
country. (L.N. 384 of 1987)

(b) by adding after paragraph (3A)--
(3AA) Notwithstanding paragraph (3), a sepa-
rate declaration shall be lodged in respect of food
items specified in Appendix I of the Imports and
Exports Classification List. (L.N. 384 of 1987)

(3) in regulation 5 by repealing paragraph (3) and substituting-

(3) Only one declaration is required in respect
of exported articles that-

(a)were exported under one bill of lading or air
waybill; or
(b) (i) have item code numbers with
identical first 4 digits;
(ii) were exported in the same ship,
vehicle, train or aircraft; and
(iii) were consigned to the same country.
(L.N. 384 of 1987)





(4)in regulation 8(1)(a) by repealing 'classified under section W
and substituting 'specified in Appendix I'.

5. The Export (Certificates of Origin and Commonwealth
Preferences Certificates) Regulations are amended by repealing
'authorized officer' wherever occurring and substituting 'appointed
officer'.
L.N 292 of 1989 L.N 292 of 1989 L.N 292 of 1989 L.N 161 of 1989 L.N 129 of 1989 L.N 129 of 1989 L.N 259 of 1985 L.N. 259 of 1985 L.N. 384 of 1987 L.N. 384 of 1987 L.N. 294 of 1982

L.N 292 of 1989 L.N 292 of 1989 L.N 292 of 1989 L.N 161 of 1989 L.N 129 of 1989 L.N 129 of 1989 L.N 259 of 1985 L.N. 259 of 1985 L.N. 384 of 1987 L.N. 384 of 1987 L.N. 294 of 1982

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FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE - minor amendment

CHAPTER 59

FACTORIES AND INDUSTRIAL UNDERTAKINGS

1. The Factories and Industrial Undertakings Ordinance is
amended-

(1) in section 2(1), in the definition of 'proprietor', by repealing
'or receiving the profits';

(2) in section 3 by adding 'assistant occupational hygienists,' after
'occupational hygienists,';

(3) in section 4(1)-

(a)by repealing 'industrial health officer' and substituting
'occupational health officer';

(b)by repealing 'industrial hygienist,' and substituting
'occupational hygienist,';

(4) in section 9(A)(5)(b)(ii) by adding 'other than in respect of
noise affecting persons not employed therein' after 'generally';

(5) by adding after section 14-

Protection of public officers

14A. (1) A public officer is not personally liable in
respect of any act or omission of his if it was done or made
by him in the honest belief that it was required or
authorized in the exercise of any function, duty or power
of his under this Ordinance.

(2) The protection conferred on public officers by
subsection (1) in respect of any act or omission shall not in
any way affect any liability of the Crown in tort for that
act or omission.
(Added 71 of 1989 s. 11)

2. The Factories and Industrial Undertakings (Confined Spaces)
Regulations are amended, in the regulation specified in the first
column, by repealing, wherever it appears, the expression specified
in the second column thereof and substituting in each place the
expression specified in the third column-

Regulation
5(a) 18 inches 460 millimetres
16 inches 400 millimetres
5(b) 16 inches 400 millimetres
14 inches 350 millimetres
5(c) 15 inches 380 millimetres
11 inches 280 millimetres





3. The Factories and Industrial Undertakings (Blasting by Abra-
sives) Special Regulations are amended in regulation 3(2)(b) by
repealing '6 cubic feeC and substituting '170 litres'.

4. The Factories and Industrial Undertakings (Notification of
Occupational Diseases) Regulations are amended in regulation 3
and the Second Schedule by repealing 'Medical and Health
Services' wherever it occurs and substituting 'Health'.

5. The Quarries (Safety) Regulations are amended, in the
regulation and Schedule specified in the first column, by repealing,
wherever it appears, the expression specified in the second column
thereof and substituting in each place the expression specified in the
third column-
Regulation
2, definition
of 'safety
rope' 3 000 pounds 13 kilonewtons
1 1/4 inches 30 millimetres
15(2) 4 feet 1.2 metres
16(1) 50 feet 15 metres
16(2)(b) 1 1/2 inches 40 millimetres
53(1) 25 feet 8 metres
54(1) 80 feet 25 metres
54(2) 80 feet 25 metres
55 80 feet 25 metres
Second Schedule
Part I (e) 51 inches 1.3 metres
36inches 900 millimetres
(f) 1 inch by 5 yards 25 millimetres by
4.5 metres
(g) one ounce 30 grams
Part II (e) 51 inches 1.3 metres
36inches 900 millimetres
(f) 1 inch by 5 yards 25 millimetres by
4.5 metres
(g) one ounce 30 grams

6. The Factories and Industrial Undertakings (Abrasive Wheels)
Regulations are amended in regulation 17-

(a)in regulation -(1) by repealing 'and shall be liable on
conviction to a fine of $5,000';

(b) by adding after paragraph (1)-

(IA) A proprietor who is guilty of an offence
under paragraph (1) shall-

(a)in respect of a contravention of regulation 8
or 9, be liable on conviction to a fine of
$30,000;





(b) in respect of a contravention of regulation 5,
6, 7, 10, 11, 12, 13 or 15, be liable on
conviction to a fine of $20,000; and

(c) in respect of a contravention of regulation
14, be liable on conviction to a fine of
$10,000.

(c)in paragraph (2) by repealing '$1,000' and substituting
-$10,000---.

7. The Factories and Industrial Undertakings (Work in
Compressed Air) Regulations are amended-

(1)by repealing 'Senior Industrial Health Officer', '1ndustrial
Health Officer' and '1ndustrial Hygienist' wherever occurring
and substituting 'Senior Occupational Health Officer',
'Occupational Health Officer' and 'Occupational Hygienist'
respectively;

(2)in regulation 28 by repealing 'W' wherever it occurs and
substituting '12';

(3) in regulation 38-

(a)by repealing paragraphs (1) to (8) inclusive and
substituting-

(1) If regulation 4 is contravened, the
contractor shall be guilty of an offence and shall be
liable on conviction to a fine of $50,000.

(2) If regulation 6(1), 7, 8, 9, 12(4), 13, 16, 17,
21 or 22 is contravened, the contractor shall be guilty
of an offence and shall be liable on conviction to a
fine of $30,000.

(3) Any contractor who fails to comply with
regulation 5(1) or 37 shall be guilty of an offence and
shall be liable on conviction to a fine of $30,000.

(4) If regulation 10, 14, 19, 20, 23 or 27(3) is
contravened, the contractor shall be guilty of an
offence and shall be liable on conviction to a fine of
$20,000.

(5) Any contractor who fails to comply with
regulation 6(2), 11(4) or 24(1) shall be guilty of an
offence and shall be liable on conviction to a fine of
$20,000.

(6) If regulation 15, 18 or 36 is contravened, the
contractor shall be guilty of an offence and shall be
liable on conviction to a fine of $ 10,000.





(7) Any contractor who fails to comply with
regulation 24(2) or 30 shall be guilty of an offence and
shall be liable on conviction to a fine of $ 10,000.

(8) If regulation 26(1), (2), (3) or (5) is
contravened, the employer shall be guilty of an
offence and shall be liable on conviction to a fine of
$30,000.

(M) Any employer who fails to comply with
regulation 12 shall be guilty of an offence and shall be
liable on conviction to a fine of $30,000.

(811) If regulation 28(1), (2) or (3) or 31 is
contravened, the employer shall be guilty of an
offence and shall be liable on conviction to a fine of
$20,000.

(8C) Any employer who fails to comply with
regulation 25(1) or 27(1), (2) or (4) shall be guilty of
an offence and shall be liable on conviction to a fine
of $20,000.

(813) Any employer who fails to comply with
regulation 25(2), 32 or 33(1) shall be guilty of an
offence and shall be liable on conviction to a fine of
$10,000.

(b)in paragraph (9) by repealing '$2,000' and substituting
'$10,000';

(c)in paragraph (10) by repealing '$2,000' and substituting
'$10,000';

(d)in paragraph (11) by repealing '$2,000' and substituting
'$10,000';

(e)in paragraph (12) by repealing '$2,000' and substituting
'$10,000';

(f) in paragraph (13) by repealing '$1,000' and substituting
'$10,000'.

8. The Factories and Industrial Undertakings (Dry Batteries)
Regulations are amended-

(1)in.regulation 9(2) by repealing '7 feet' and substituting '2
metres';
(2) in regulation 17(a) by repealing '4 inches' and substituting
100 millimetres'.

9. The Factories and Industrial Undertakings (Cartridge-
Operated Fixing Tools) Regulations are amended-





(1)in regulation 2 in the definition of 'approved tool' by repealing
1isted in the Schedule;' and substituting 'approved by the
Commissioner under regulation 19;';

(2) by repealing regulation 19 and substituting-

Commissioner may approve tools

19. The Commissioner may approve a cartridge-
operated fixing tool by notice in the Gazette.
(L.N. 329 of 1988)

(3) by repealing the Schedule.

10. The Factories and Industrial Undertakings (Protection of Eyes)
Regulations are amended in regulation 9-

(a)in paragraph (1) by repealing '$5,000' and substituting
'$30,000';

(b)in paragraph (2) by repealing '$2,000' and substituting
'$10,000'.

11. The Factories and Industrial Undertakings (Asbestos) Special
Regulations are amended in regulation 2(1), in the definition of
'asbestos' by repealing 'chrysolite' and substituting 'chrysotile'.

12. The Factories and Industrial Undertakings (Safety Officers and
Safety Supervisors) Regulations are amended, above the citation
within the square brackets, by adding at the end-

Regulations 2 and 3 1 December 1987
Regulations 14 to 22

13. The Factories and Industrial Undertakings (Carcinogenic
Substances) Regulations are amended in regulation 8(2) by
repealing 'Medical and Health Department' and substituting
'Department of Health'.
71 of 1989 s. 2. 71 of 1989 s. 3. 71 of 1989 s. 4. 75 of 1988 s. 40 L.N. 238 of 1984 L.N. 238 of 1984 L.N. 76 of 1989 L.N. 238 of 1984 L.N. 322 of 1981 L.N. 322 of 1981 L.N. 248 of 1982 L.N. 162 of 1982 L.N. 323 of 1981 L.N. 323 of 1981 L.N. 238 of 1984 L.N. 329 of 1988 L.N. 328 of 1981 L.N. 387 of 1987 L.N. 347 of 1987 L.N. 76 of 1989

71 of 1989 s. 2. 71 of 1989 s. 3. 71 of 1989 s. 4. 75 of 1988 s. 40 L.N. 238 of 1984 L.N. 238 of 1984 L.N. 76 of 1989 L.N. 238 of 1984 L.N. 322 of 1981 L.N. 322 of 1981 L.N. 248 of 1982 L.N. 162 of 1982 L.N. 323 of 1981 L.N. 323 of 1981 L.N. 238 of 1984 L.N. 329 of 1988 L.N. 328 of 1981 L.N. 387 of 1987 L.N. 347 of 1987 L.N. 76 of 1989

https://oelawhk.lib.hku.hk/items/show/3664

EMPLOYMENT ORDINANCE - minor amendment

CHAPTER 57

EMPLOYMENT

1. The Employment Ordinance is amended in section 2(1), the
definition of 'Director' by repealing 'Medical and Health Services'
and substituting 'Health'.

2. The Employment Agency Regulations are amended-

(1)in regulation 3(1) by repealing 'one hundred dollars' and
substituting '$500';

(2) in regulation 17-

(a)in paragraph (1) by repealing 'two thousand dollars' and
substituting '$10,000';

(b)in paragraph (2) by repealing 'two thousand dollars' and
substituting '$5,000';

(c)in paragraph (3) by repealing 'two thousand dollars- and
substituting '$5,000';

(3) in the Second Schedule-

(a) in paragraph 1-
(i) by repealing '$3.00' wherever it occurs and sub-
stituting '$5.00';
(ii) by repealingwherever it occurs and sub-
stituting '$5.00;

(b) in paragraph 2-
(i) in sub-paragraph (a)---
(A) by repealing '$10.00' and substituting '$35.00';
(B) by repealing '' and substituting '$35.00';
(ii) in sub-paragraph (b)---
(A) by repealing '$5.00' and substituting '$20.00';
(B) by repealing '' and substituting '$20.00'.

3. The Employment of Children Regulations are amended in
regulation 9-

(a) in paragraph (1) by repealing '$10,000' and substituting
'$20,000';
(b)in paragraph (2) by repealing '$5,00' and substituting
'$10,000';
(c) by repealing paragraph (3) and substituting---





(3) Any person who contravenes any of the
provisions of regulation 7 commits an offence and is
liable to a fine of $10,000. (24 of 1988 s. 4)

(4) Any person who fails to comply with a
requirement made by any officer under regulation 8
commits an ofrence and is liable to a fine of $5,000.
(24 of 1988 s. 4)
L.N. 76 of 1989 L.N. 386 of 1982 L.N. 113 of 1986 L.N. 54 of 1988 24 of 1988 s. 3. L.N. 54 of 1988 24 of 1988 s. 4.

L.N. 76 of 1989 L.N. 386 of 1982 L.N. 113 of 1986 L.N. 54 of 1988 24 of 1988 s. 3. L.N. 54 of 1988 24 of 1988 s. 4.

https://oelawhk.lib.hku.hk/items/show/3663

BOILERS AND PRESSURE VESSELS ORDINANCE - minor amendment

CHAPTER 56

BOILERS AND PRESSURE VESSELS

1. The Boilers and Pressure Vessels Regulations are amended in
regulation 18-

(a)in subregulation (1) by repealing '$170' and substituting
'$210' ;
(b)in subregulation (2) by repealing '$270' and substituting
'$330'.

2. The Boilers and Pressure Vessels (Forms) Order is amended in
the Chinese version of Form 4, at the end thereof, in the items
II(A), and 'II(B)', by repealing and substituting

L.N. 309 of 1989 L.N. 337 of 1989

L.N. 309 of 1989 L.N. 337 of 1989

https://oelawhk.lib.hku.hk/items/show/3662

LABOUR RELATIONS ORDINANCE - minor amendment

CHAPTER 55

LABOUR RELATIONS

The Labour Relations Ordinance is amended in section 35(4),
in paragraph (b) of the definition of 'irregular industrial action
short of a strike', by repealing 'comtracts' and substituting
'contracts'.
L.N. 123 of 1982

L.N. 123 of 1982

https://oelawhk.lib.hku.hk/items/show/3661

GASHOLDERS EXAMINATION ORDINANCE - minor amendment

CHAPTER 54

GASHOLDERS EXAMINATION

The Gasholders Examination Regulations are amended-

(1) in regulation 2-

(a) by adding before the definition of 'competent person'-

'Authority' means the public officer appointed under
section 4(1) of the Boilers and Pressure Vessels
Ordinance (Cap. 56) to be the Boilers and
Pressure Vessels Authority; (87 of 1988 s. 39)

(b) by repealing the definition of 'Government Surveyor';

(2)in regulations 3, 4, 5, 6, 7, 8 and the Schedule by repealing
'Government Surveyor' wherever it appears and substituting
'Authority'.
87 of 1988 s. 39 87 of 1988 s. 40

87 of 1988 s. 39 87 of 1988 s. 40

https://oelawhk.lib.hku.hk/items/show/3660

ANTIQUITIES AND MONUMENTS ORDINANCE - minor amendment

CHAPTER 53

ANTIQUITIES AND MONUMENTS

The Antiquities and Monuments Ordinance is amended in
section 2, in the definition of 'Authority', by repealing 'Municipal
Services' and substituting 'Recreation and Culture'.
L.N. 242 of 1989

L.N. 242 of 1989

https://oelawhk.lib.hku.hk/items/show/3659

PROFESSIONAL ACCOUNTANTS ORDINANCE - minor amendment

CHAPTER 50

PROFESSIONAL ACCOUNTANTS

The Professional Accountants By-laws are amended-

(1) in by-law 22-

(a) in paragraph (2) by adding after 'shall'-

on application to the Council in such form as it may
specify and

(b)in paragraph (3) by repealing sub-paragraphs (a) and (b)
and substituting-

(a)is a member of an approved institute or any
other accountancy body accepted by the Council
under sub-paragraph (ii) of section 24(1)(c) of
the Ordinance and who has been a Fellow or
associate member of such approved institute or
accountancy body for an aggregate period of not
less than 7 years;

(2) in by-law 31(3)--

(a) by repealing 'if he';

(b) by repealing sub-paragraphs (a) and (b) and substituting-

(a)in the case of a person who applies under
paragraph (1)(a) before 1 January 1982, if he is
the holder of a Hong Kong Certificate of
Education (English) with credits in at least 5
subjects (including English and Mathematics) or
if he has passed such examinations (including
English and Mathematics) which in the opinion
of the Council are of an equivalent standard
to such Hong Kong Certificate of Education
(English);

(b)in the case of a person who applies under
paragraph (1)(a) on or after 1 January 1982, if
he is the holder of a General Certificate of
Education (England) with 2 Advanced Level
passes and 3 Ordinary Level passes, or 3
Advanced Level passes and 1 Ordinary Level
pass, (including English and Mathematics) or if
he has passed such examinations (including
English and Mathematics) which in the opinion
of the Council are of an equivalent standard to
such General Certificate of Education (England);





(c) in sub-paragraph (c) by adding 'if he' before 'is a';

(d) in sub-p aragraph (d) by adding 'if he' before 'is the';

(3) in by-law 34-

(a) by being renumbered as paragraph (1);

(b) by adding after paragraph (1)-

(2) Where the Registrar has reason to believe
that a registered student may have been guilty of
misconduct in carrying out his duties or of conduct
which renders him unfit to become a professional
accountant he shall submit the facts to the Council
which may, in its discretion, refer the complaint to the
Disciplinary Committee.

(4) in by-law 38(1)(a) by adding after 'student-
or is required to sit an examination under section 29A(3)
of the Ordinance
L.N. 395 of 1981 L.N. 395 of 1981 L.N. 395 of 1981 L.N. 395 of 1981 L.N. 395 of 1981 L.N. 395 of 1981 L.N. 395 of 1981

L.N. 395 of 1981 L.N. 395 of 1981 L.N. 395 of 1981 L.N. 395 of 1981 L.N. 395 of 1981 L.N. 395 of 1981 L.N. 395 of 1981

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TRANSFER OF BUSINESSES (PROTECTION OF CREDITORS) ORDINANCE - minor amendment

CHAPTER 49

TRANSFER OF BUSINESSES (PROTECTION OF
CREDITORS)

The Transfer of Businesses (Protection of Creditors) Ordinance
is amended-

(1)in section 5(3)(ii), by repealing 'Secretary for Home AHairs'
and substituting 'Chief Secretary';

(2)in section 10(c) by repealing 'Colonial Treasurer' and
substituting 'Financial Secretary'.
L.N. 67 of 1985 L.N. 242 of 1989 L.N. 369 of 1989

L.N. 67 of 1985 L.N. 242 of 1989 L.N. 369 of 1989

https://oelawhk.lib.hku.hk/items/show/3657

APPRENTICESHIP ORDINANCE - minor amendment

CHAPTER 47

APPRENTICESHIP

1. The Apprenticeship Ordinance is amended-

(1)in the heading to Part VII by repealing 'OF' where it first
appears and substituting 'OR';

(2) in section 47 by adding after subsection (1)-

(1A) The Director, with the approval of the
Commissioner, may in writing, in such cases as he thinks
fit and for such period and subject to such conditions as he
may specify, exempt any person or class of persons from
any regulations made under this section. (Added 27 of
1984s.2)

(3) in section 48 by adding before paragraph (a)---

(aa) Part IIA (End of year payment); (Added 48 of 1984
s. 34) *

2. The Apprenticeship Regulations are amended, except regula-
tions 8, 9, 10 and 11, by repealing 'Commissioner' wherever
occurring and substituting 'Director'.

* Note: In operation on 20 February 1985-L.N. 248 of 1984.
L.N. 337 of 1989 13 of 1982 s. 11

L.N. 337 of 1989 13 of 1982 s. 11

https://oelawhk.lib.hku.hk/items/show/3656

TRADE MARKS ORDINANCE - minor amendment

CRA1vrER 43

TRADE MARKS

The Trade Marks Ordinance is amended-

(1)in section 43(2) by repealing 'Rgistrar' and substituting
'Registrar';

(2) in section 91(3) by repealing 'is' and substituting 'in';

(3) by repealing the Schedule and substituting-

SCHEDULE [s. 13A]
LIST oF COUNTRIES (ExcLUDING THE UNITED KINGDOM)
AD1IERING IX) THE PARIS CONVENTION FOR THE PROTECTION OF
INDUSTRIAL PROPERTY 1883, As REVISED FROM MmE Ix) Tiw

Algeria Finland
Argentina France (including all Overseas
Australia Departments and Territories)
Austria Gabon
Bahamas German Democratic Republic
Barbados Germany, Federal Republic of
Belgium Ghana
Benin Greece
Brazil Guinea
Bulgaria Haiti
Burkina Faso Holy See
Burundi Hungary
Cameroon Iceland
Canada Indonesia
Central African Republic Iran (Islamic Republic of
Chad Iraq
China Ireland
Congo Israel
C6te d'Ivoire Italy
Cuba Japan
Cyprus Jordan
Czechoslovakia Kenya
Democratic People's Republic of Lebanon
Korea Libya
Denmark (including the Faroe Liechtenstein
Islands) Luxembourg
Dorninican Republic Madagascar
Egypt Malawi





Mali Soviet Union
Malta Spain
Mauritania Sri Lanka
Mauritius Sudan
Mexico Suriname
Monaco Sweden
Mongolia Switzerland
Morocco Syria
Netherlands (including Aruba and Togo
the Netherlands Antilles)Trinidad and Tobago
New Zealand (including Cook Tunisia
Islands, Niue and Tokelau)
Niger Turkey
Nigeria Uganda
Norway United Republic of Tanzania
Philippines United States of America
(including the Commonwealth
Poland of Puerto Rico and all other
Portugal territories and possessions)
Republic of Korea Uruguay
Romania Viet Nam
Rwanda Yugoslavia
San Marino Zaire
Senegal Zambia
South Africa Zimbabwe
(Replaced L.N. 213 of 1987)
L.N 294 of 1988 L.N 294 of 1988

L.N 294 of 1988 L.N 294 of 1988

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INSURANCE COMPANIES ORDINANCE - minor amendment

CHAPTER 41

INSURANCE COMPANIES

The Insurance Companies Ordinance is amended-

(1)in section 9(1)(c)(ii) by repealing 'one third' and substituting
'15%' ;

(2)in section 10(1) by repealing the table thereto and all words
thereafter and substituting-

TABLE

Case Amount Applicable

1 . The relevant premium income of $5 million or its equivalent.
the company in its last preceding
financial year did not exceed $25
million or its equivalent.
2. The said income in that year exceeded One-fifth of the said income in that
$25 million but did not exceed $100 year.
million or its equivalent.
3. The said income in that year exceeded The aggregate of $20 million and
$100 million or its equivalent. one-tenth of the amount by which
the said income in that year exceeded
$100 million or its equivalent.

In the case of a company referred to in section 8(3)(b)(iii), the amount applicable
shall be not less than $10,000,000 or its equivalent. (Replaced 8 of1989 s.3)

(3)in section 13(1) by repealing '$25,000' and substituting
'$35,000';

(4)in section 18(1)(a) by repealing '2 years' and substituting '12
months';

(5) in section 26-

(a)in subsection (3), by repealing 'The power conferred on
the Insurance Authority by section 34(2),(3) and (4)' and
substituting 'Any power conferred on the Insurance
Authority by section 34';

(b)in subsection (4), by repealing 'and (2)' and substituting
', (2) and (3)';

(6) in section 42-

(a)in subsection (1), by repealing 'An' and substituting
'Subject to subsection (1A), an';





(b) by adding after subsection (1)-

(1A) Subsection (1) shall, until 1 April 1991,
apply to an insurer which was an authorized insurer
immediately before the commencement of the
Insurance Companies (Amendment) Ordinance 1989
(8 of 1989) as if section 10(1) had not been amended
by that Ordinance. (Added8of 1989s. 6)
8 of 1989 s. 2. L.N. 185 of 1989 8 of 1989 s. 4. 8 of 1989 s. 5. 8 of 1989 s. 6.

8 of 1989 s. 2. L.N. 185 of 1989 8 of 1989 s. 4. 8 of 1989 s. 5. 8 of 1989 s. 6.

https://oelawhk.lib.hku.hk/items/show/3654

LIMITED PARTNERSHIPS ORDINANCE - minor amendment

CHAPTER 37

LIMITED PARTNERS111PS

The Limited Partnerships Ordinance is amended in the
Schedule-

(a)in item 1 by repealing '140.00' and '6.00' and
substituting respectively '200.00' and '8.00'

(b) in item 2-
(i) by repealing '14.00' and substituting '20.00';
(ii) by repealing '6.00 in both places where it occurs
and substituting in each case '8.00';

(c) in item 4 by repealing '20.00' and substituting '25.00;

(d) in item 7 by repealing '20.00' and substituting '50.00'.
L.N. 110 of 1985

L.N. 110 of 1985

https://oelawhk.lib.hku.hk/items/show/3653

CO-OPERATIVE SOCIETIES ORDINANCE - minor amendment

CHAPTER 33

CO-OPERATIVE SOCIETIES

1. The Co-operative Societies Ordinance is amended-

(1) in section 5 by repealing subsection (3) and substituting---
(3) The word 'limited' shall be the last word in, or
its Chinese character equivalent shall form part of, the
name of every society with limited liability registered under
this Ordinance. (Replaced 21 of 1976 s. 2)

(2)in section 10(3) by adding 'within one month from the date of
such refusal' after 'by-law';

(3) by repealing section 11 and substituting---

11. Every registered society shall have an address to
which all notices and communications may be sent and
shall send to the Registrar notice of that address and of
every change of that address within 30 days of the
registration of the society or the change of address as the
case may be; and the Registrar may effect registration
thereof.
(Replaced 21 of 1976 s. 4)

(4)in section 49(3) by repealing 'such period and in such manner
as may be prescribed' and substituting 'one month after the
award is given by lodging notice in writing with the Registrar';

(5) by repealing section 55 and substituting---

55. The Governor by notification in the Gazette
may, in the case of any registered society or class of
registered societies, remit any fee payable under the law of
registration for the time being in force, and any such
notification in respect of any registered society may
provide for the revocation thereof in respect of such
registered society.
(Replaced 31 of 1981 s. 65)

(6) in section 59 by repealing 'rules' and substituting 'by-laws'.

2. The Co-operative Societies Rules are amended-

(1)in rule 31(1) by repealing 'convened for this purpose by the
Registrar';

(2) in rule 69(1) by repealing sub-paragraph (b);

(3) in rule 75 by repealing '73' and substituting '74'.
21 of 1976 s. 2. 21 of 1976 s. 3. 21 of 1976 s. 4. Address of society 21 of 1976 s. 5. 31 of 1976 s. 65. Power to remit registration fees 21 of 1976 s. 6. L.N. 158 of 1976 L.N. 158 of 1976 L.N. 158 of 1976

21 of 1976 s. 2. 21 of 1976 s. 3. 21 of 1976 s. 4. Address of society 21 of 1976 s. 5. 31 of 1976 s. 65. Power to remit registration fees 21 of 1976 s. 6. L.N. 158 of 1976 L.N. 158 of 1976 L.N. 158 of 1976

https://oelawhk.lib.hku.hk/items/show/3652

COMPANIES ORDINANCE - minor amendment

CHAPTER 32

COMPANIES

1. The Companies Ordinance is amended

(1) in section 2(1)

(a) by adding after the definition of 'articles'-

'authorized financial institution' means a bank or
deposit-taking company licensed or registered
under the Banking Ordinance (Cap. 155); (Added 12
of 1988 s. 2)

(b) by repealing the definition of 'recognized stock exchange';

(c)by adding after the definition of 'the time of the opening of
the subscription lists'

'Unified Exchange' means the Unified Exchange
established under section 27 of the Stock Exchanges
Unification Ordinance; (Added 10 of 1987 s. 2)

(2)in section 20(2)(a) by adding 'or the Government of Hong Kong'
before 'or any department thereof ';

(3) in section 20A by repealing subsections (2) and (5);

(4) in section 38D by repealing subsection (2)(c);

(5)in section 45(2) by repealing 'shall within' and substituting ',shall
within';

(6) in section 52 by substituting 'resolution' for 'resolutin';

(7)in section 71A(3)(a) by repealing 'Secretary for Home Affairs' and
substituting 'Chief Secretary';

(8)in section 79(1) by repealing 'by a floating charge' and
substituting--

by a charge which, as created, was a floating charge

(9) in section 80(3) by substituting 'property' for 'porperty';

(10) in section 80

(a)in subsection (6) by repealing 'to' in the second place where
it occurs and substituting 'be';

(b)in subsection (8) by repealing 'discourt' and substituting
'discount';





(11) in section 92(3) by substituting 'default' for 'dafauIt';

(12) in section 93(2) by substituting 'used' for 'sued';

(13) in section 97(2) by substituting warrant for 'warrent';

(14) in section 122-

(a) by repealing subsection (1) and substituting

(1) Subject to subsection (IB), the directors of every
company shall lay before the company at its annual
general meeting a profit and loss account or, in the case
of a company not trading for profit, an income and
expenditure account for the period, in the case of the first
account, since the incorporation of the company, and, in
any other case, since the preceding account. (Replaced
10 of 1987 s. 4)

(IA) The accounts referred to in subsection (1) shall
be made up to a date falling not more than 6 months, or,
in the case of a private company (other than a private
company which at any time during the period to which
the said accounts relate was a member of a group of
companies of which a company other than a private
company was a member) and a company limited by
guarantee not more than 9 months, before the date of the
meeting. (Added 10 of 1987 s.4. Amended L.N. 245
of 1987)

(1B) The court, if for any reason it thinks fit so to do,
may in the case of any company and with respect to any
year

(a)substitute for the requirement in subsection (1)
to lay a profit and loss account or (as the case
may be) an income and expenditure account
before the company at its annual general
meeting a requirement to lay such account
before the company at such other general
meeting of the company as the court may
specify; and

(b)extend the periods of 6 and 9 months referred
to in subsection (1A). (Added 10 of 1987 s. 4)

(b)in subsection (2) by repealing 'in general meeting' and
substituting

at its annual general meeting or at such other general
meeting of the company as may be specified by the court
under subsection (1B)





(15) in section 129D(3)(b) by substituting 'dividend' for 'divident';

(16) in section 129G(1)-

(a)by substituting 'is' for 'it' in the first place where it occurs;

(b) by adding a comma after 'company)';

(17) in section 141D(3)(b) by adding 'banking' after 'valid';

(18) in section 145-

(a) by adding after subsection (1)--

(IA) If an inspector considers that a person other
than an officer or agent of the company or other body
corporate is or may be in possession of any information
concerning its affairs, he may require that person to
produce to him any books or documents in his custody
or power relating to the company or other body
corporate, to attend before him and otherwise to give him
all assistance in connexion with the investigation which
he is reasonably able to give; and it shall be the duty of
that person to comply with the requirement. (Added 10
of 1987 s. 5)

(b) by repealing subsection (2) and substituting-

(2) An inspector may examine on oath the officers
and agents of the company or other body corporate, and
any such person as is mentioned in subsection (IA), in
relation to the affairs of the company or other body, and
may administer an oath accordingly. (Replaced 10 of
1987s. 5)

(c)in subsection (3) by adding after 'body corporate' where it
first occurs

, or any such person as is mentioned in subsection (1A),

(d) in subsection (3B)--

(i) by adding 'or other body corporate' after 'company',
where it first and secondly occurs;

(ii) by repealing ' agent or employee, as the case may be,
of the company' and substituting--

or agent, as the case may be, of the company or other
body corporate, or person whom he considers may be in
possession of any information concerning its affairs,

(e) by repealing subsections (4) and (4A);

(19) by adding after section 145A-





145B. If an inspector has reasonable grounds for
believing that a director or past director of the company or
other body corporate whose affairs he is investigating
maintains or has maintained an account of any description
with a bank, deposit-taking company or similar financial
institution (whether alone or jointly with any other person and
whether in Hong Kong or elsewhere), into or out of which
there has been paid

(a)any emolument, pension or compensation, or any
part thereof, in respect of his office as such director
particulars of which have not been shown in the
accounts, or in any statement annexed thereto, of the
company or other body corporate, contrary to
section 161;

(b)any money which has resulted from or been used in
the financing of any transaction particulars of which
are not contained in the accounts of any company for
any financial year, contrary to section 161B(1), (2) or
(4);

(c)any money which has been in any way connected
with an act or omission, or series of acts or
omissions, which on the part of that director
constituted misconduct (whether fraudulent or not)
towards the company or body corporate or its
members,

the inspector may require the director to produce to him all
documents in the director's possession, or under his control,
relating to that account.

(Added 10 of 1987 s. 6)

(20) in section 146(4) by adding after 'committed'

or that civil proceedings ought in the public interest to be
brought by any body corporate

(21) in section 147(1) and (3) by adding 'or information supplied' after
'report made' wherever it occurs;

(22) in section 157H(1) in the definition of 'company' by repealing , a
bank licensed under the Banking Ordinance or a deposittaking
company licensed or registered under the Deposit-taking
Companies Ordinance' and substituting--

an authorized institution licensed or registered under the
Banking Ordinance

(23) in section 161

(a)in subsection (1) by repealing 'liad' and substituting 'laid' ;





(b)in subsection (5)(a) by repealing 'section 163(4)' and
substituting 'section 163B(3)';

(24) in section 161B
(a) by adding after subsection (4)-

(4A) Except as provided in subsections (4B) and
(4C), this section shall not require the inclusion in
accounts prepared by a company which is, or is the
holding company of, an authorized financial institution of
particulars of any loan made to any person by the
authorized financial institution or of any guarantee
entered into or security provided by the authorized
financial institution in connection with a loan made to
any person if, but only if, either of the following
conditions is satisfied

(a)the amount of the loan or the amount
guaranteed or secured is not greater, and the
terms of the transaction are not more
favourable in the case of that person than that
or those which it is reasonable to expect the
authorized financial institution to have offered
to or in respect of a person of the same
financial standing as that person but
unconnected with the authorized financial
institution; or

(b)where the transaction in question does not fall
within paragraph (a), the aggregate of the
following amounts does not exceed $10,000,000
or an amount equivalent to 10 per cent of the
paid up capital and reserves of the authorized
financial institution, whichever is the lower

(i) the maximum amount outstanding, in
respect of principal and interest, during the
financial year on all loans (other than loans
falling within paragraph (a)) made by the
authorized financial institution to that person;
and

(ii) the amount representing the maximum
liability of the authorized financial institution
during the financial year under all guarantees
entered into and in respect of every security
provided by the authorized financial institution
(not being transactions falling within paragraph
(a)) in connection with loans made to that
person. (Added 12 of 1988 s. 3)





(4B) In the case of a company which is an
authorized financial institution, the accounts of the
company shall contain a statement showing

(a)the aggregate of the following amounts as at
the end of the financial year

(i) the amount outstanding, in respect of
principal and interest, on every relevant loan
made after 31 August 1984 by the company;
and

(ii) the amount representing the maximum
liability of the company under all guarantees
entered into, and in respect of any security
provided, by that company in connection with
any relevant loan made after 31 August 1984 by
any person; and

(b)the maximum aggregate of the amounts referred
to in paragraph (a) that obtained at any time
during the financial year. (Added 12 of 1988 s.
3)

(4C) In the case of a company which is the holding
company of an authorized financial institution the
accounts (or, if group accounts are required to be
prepared under section 124 dealing with the authorized
financial institution, the group accounts) of the company
shall contain a statement showing

(a)the aggregate of the following amounts as at
the end of the financial year

(i) the amount outstanding, in respect of
principal and interest, on every loan made to an
officer of the company (whether or not he was
an officer of the company at the time the loan
was made) after 31 August 1984 by the
authorized financial institution; and

(ii) the amount representing the maximum
liability of the authorized financial institution
under all guarantees entered into, and in
respect of any security provided, by that
authorized financial institution in connection
with any loan made to an officer of the
company (whether or not he was an officer of
the company at the time the loan was made)
after 31 August 1984 by any person; and

(b)the maximum aggregate of the amounts referred
to in paragraph (a) that obtained during the
financial year. (Added 12 of 1988 s. 3)





(b) by adding after subsection (7)-

(7A) In this section and in sections 161 BA and 161 C
'company' means

(a) a company; or

(b) any other body corporate incorporated in

Hong Kong under an Ordinance. (Added
12 of 1988 s. 3)

(25) by adding after section 161 B-

161BA. (1) A company which is, or is the holding
company of, an authorized financial institution shall maintain a
register containing a copy of every agreement in writing
relating to any transaction (or if no such document exists, a
written memorandum setting out the terms of any transaction)
of which particulars would, but for section 161B(4A), be
required by section 161B to be shown in the accounts of the
company (including group accounts) in respect of each
financial year, and such copies (or memoranda) shall be
retained in the register for a period of 10 years.

(2) A company which is an authorized financial institution
shall before its annual general meeting make available, at the
place where its register of members is kept, for a period of not
less than 14 days ending on the date of the meeting and for a
period of 7 days thereafter, for inspection by members of the
public a statement containing the particulars of transactions
which the company would, but for section 161B(4A), be
required by section 161B to include in its accounts for the
financial year preceding that annual general meeting (or if
there are no such transactions, a statement to that effect), and
such a statement shall also be made available for inspection by
members of the company at the annual general meeting.

(3) It shall be the duty of the auditors of the company by
whom the accounts are examined to examine the statement
referred to in subsection (2) before it is made available for
inspection and to make a report on the statement; and a copy
of the report shall be annexed to the statement before it is so
made available.

(4) A report under subsection (3) shall state whether in
the opinion of the auditors the statement contains the
particulars required by subsection (2) and where their opinion
is that it does not, they shall include in the report, so far as
they are reasonably able to do so, a statement giving the
required particulars.

(5) A company which is an authorized financial
institution shall give public notice of the date of its annual





general meeting in, respectively, an English language
newspaper and a Chinese language newspaper specified in
a list of newspapers issued for the purposes of section 71A
by the Secretary for Administrative Services and In-
formation and published in the Gazette.

(6) The notice referred to in subsection (5) shall be
published not less than 28 days before the date of the
meeting.

(7) If any person being a director of a company fails
to take all reasonable steps to secure compliance by the
company with the requirements of this section, or has by
his own wilful act been the cause of any default by the
company thereunder, he shall be liable on conviction to
imprisonment for 6 months and to a fine of 510,000.

(8) As respects an offence under this section-

(a)in any proceedings against a person in respect of
such an offence consisting of a failure to take
reasonable steps to secure compliance by the
company with the requirements of this section,
it shall be a defence to prove that he had
reasonable ground to believe and did believe that
a competent and reliable person was charged
with the duty of seeing that those requirements
were complied with and was in a position to
discharge that duty; and

(b)a person shall not be sentenced to imprisonment
for such an offence unless, in the opinion of the
court dealing with the case, the offence was
committed wilfully.

(9) The statement referred to in subsection (2) shall
be made available for inspection during business hours
(subject to such reasonable restrictions as the company
may by its articles or in general meeting impose, so that
not less than 2 hours in each day be allowed for inspection)
by any member of the company, without charge and by
any other person on payment of $5, or such less sum as the
company may prescribe, for each inspection.

(10) Any member of the company or other person
may require a copy of the statement referred to in
subsection (2), or any part thereof, on payment of 25
cents, or such less sum as the company may prescribe, for
every 100 words or fractional part thereof required to be
copied. The company shall cause any copy so required by
any person to be sent to that person within a period of 10
days commencing on the day next after the day on which
the requirement is received by the company.





(11) If any inspection required under this section is
refused or if any copy required under this section is not sent
within the proper period, the company and every officer of the
company who is in default shall be liable to a default fine.

(12) In the case of any such refusal or default, the court
may by order compel an immediate inspection of the statement
or direct that the copies required shall be sent to the person
requiring them.

(Added 12 of 1988 s. 4)

(26) in section 163C(2) by substituting 'illegal' for 'illegal';

(27) in section 178

(a) by being renumbered as subsection (1) thereof;

(b) by adding after subsection (1)--

(2) Subsection (1)(a) shall apply to 2 or more
creditors to whom the company is indebted in respect of
unpaid wages, wages in lieu of notice or severance
payments, as the case may be, or all or any of them if the
total of that indebtedness exceeds the sum referred to in
that subsection, as if those creditors were a single
creditor, and a demand under that subsection shall be
valid if signed by any one or more of those creditors.
(Added 12 of 1985 s. 29(3). Amended 48 of 1987 s. 8; 38
of 1989 s. 7)

(28) by adding after section 180

180A. (1) Subject to general rules limiting the power
conferred by this section, the jurisdiction of the court under
this Part may, in the case of an unopposed petition for
winding-up by the court, be exercised by the Registrar of the
Supreme Court.

(2) Any hearing of a petition in pursuance of the
jurisdiction conferred on the Registrar of the Supreme Court
by this section shall be in open court.

(Added 55 of 1988 s. 2)

(29) in section 190(2) by substituting 'require' for 'required' in the first
place where it occurs;

(30) in section 191 by adding '(1)' before 'In a case where a winding-up
order is made';

(31) in section 193(1) by substituting 'liquidator' for 'lquidator';

(32) in section 196 by repealing subsection (2) and substituting

(2) Where a person other than the Official Receiver is
appointed liquidator, he shall receive such remuneration by
way of percentage or otherwise as is determined





(a)where there is a committee of inspection, by
agreement between the liquidator and the committee
of inspection; or

(b)where there is no committee of inspection or the
liquidator and the committee of inspection fail to
agree, by the court,

and if two or more persons are appointed liquidators, their
remuneration shall be distributed among them in such
proportions as may be determined by the committee of
inspection or the court, as the case may be. (Replaced 25 of
1985 s. 3)

(2A) If the Official Receiver is of the opinion that the
remuneration of a liquidator as determined under subsection
(2)(a) should be reviewed the Official Receiver may apply to
the court, and the court may make an order confirming,
increasing or reducing the remuneration of the

liquidator.(Added 25 of 1985 s. 3)

(33) in section 201 by substituting 'prescribed' for 'pescribed';

(34) in section 203-

(a)in subsection (1) by repealing 'and where the Official Receiver
is liquidator he shall cause such account to be prepared';

(b) by repealing subsection (3) and substituting-

(3) The liquidator shall furnish the Official Receiver
with such vouchers and information relating to the
account as he requires, and the Official Receiver may at
any time require the production of, and inspect, any
books or accounts kept by the liquidator. (Replaced 38
of 1987 s. 2)

(M) The Official Receiver may at any time cause the
account to be audited. (Added 38 of 1987 s.2)

(c) in subsection (4) by adding after 'audited'-

(or, as the case may be, forthwith if the Official Receiver
decides that the account need not be audited)

(d)in subsection (5) by repealing 'The liquidator shall cause the
account when audited' and substituting

The liquidator shall, when the account has been audited
or, when he has been notified that the Official Receiver
has decided that the account need not be audited, cause
the account

(e) by adding after subsection (5)-





(6) Notwithstanding the fact that a liquidator has
been notified that the Official Receiver has decided that
the account need not be audited, the Official Receiver
may subsequently cause the account to be audited, and
in that event-

(a)a copy of the audited account shall be filed and
kept by the Official Receiver, and a further copy
shall be delivered to the court for filing, and
each copy shall be open, upon payment of the
prescribed fee, to the inspection of any creditor
or any person having an interest; and

(b)the liquidator shall cause the audited account or
a summary thereof to be printed, and shall send
a printed copy of the account or summary by
post to every creditor and contributory:

Provided that the Official Receiver may in
any case dispense with compliance with

this paragraph. (Added 38 of 1987s. 2)

(35) in section 227D by repealing subsection (4) and substituting--

(4) In subsection (1) 'arrangement' has the meaning
assigned to it by section 166(5). (Replaced 79 of 1988 s.6)

(36) in section 227F(1)

(a) by repealing '$10,000' and substituting '$200,000';

(b) by repealing paragraph (i) and substituting---

(i) the Official Receiver shall be the liquidator but there
shall be no meetings of creditors and contributories
under section 194 or 206; (Replaced 25 of 1985 s.
4)

(37) in section 233(2)(a) by adding 'or on that date but before the
passing of the resolution' before 'and is delivered to the
Registrar';

(38) in section 265

(a) in subsection (1)-
(i) by repealing paragraphs (b) and (c) and substituting-

(b) any

(i) payment from the Protection of Wages on
Insolvency Fund under section 18 of the Protection
of Wages on Insolvency Ordinance to any clerk or
servant in respect of wages or salary or





both in respect of services rendered to the company
if such payment was made during a period of 4
months before the commencement of the winding
up; and (Amended 48 of 1987s. 8)

(ii) wages and salary (including commission
provided that the amount thereof is fixed or
ascertainable at the relevant date) of any clerk or
servant in respect of services rendered to the
company during the relevant period not exceeding,
together with any payment under subparagraph (i),
$3,000; (Replaced 12 of 1985 s.29)

(c) any-

(i) payment from the Protection of Wages on
Insolvency Fund under section 18 of the Protection
of Wages on Insolvency Ordinance to any labourer
or workman in respect of wages, whether payable for
time or for piece work, in respect of services
rendered to the company if such payment was made
during a period of 4 months before the
commencement of the winding up;and (Amended 48
of 1987s. 8)

(ii) wages of any labourer or workman, whether
payable for time or for piece work, in respect of
services rendered to the company during the
relevant period not exceeding, together with any
payment under sub-paragraph (i), $3,000;
(Replaced 12 of 1985 s. 29)

(ii) by adding after paragraph (ca)-

(caa)any long service payment payable to an
employee under the Employment Ordinance,
not exceeding in respect of each employee
$8,000; (Added 77 of 1985 s. 2)

(iii) by adding after paragraph (d)---

(e)where the company being wound up is an
insurer, any sum payable to a person in respect
of any claim (other than a claim for a refund of
premium) made under or in accordance with a
contract of insurance (but not a contract of
reinsurance) effected by the insurer as part of
its general business carried on in or from Hong
Kong, unless--

(i) such sum is, under the contract or in the
ordinary course of business, payable in a place
outside Hong Kong where assets of the
company are maintained and under the law of
that place the claim in respect of





which the sum is payable is, in the event of a
winding up, accorded priority with respect to
those assets over claims which under the
contract or in the ordinary course of business
are payable at any other place; or

(ii) the person to whom the sum is payable is
entitled with respect to the claim to claim
compensation under any scheme designed to
secure compensation to persons in
circumstances where the insurer becomes
insolvent; (Added 79 of 1988 s. 8)

(f)where the company being wound up is an
insurer, any sum payable (after offsetting the
amount of any sums owing from the claimant)
to a person in respect of any claim (other than a
claim for a refund of premium) made under or in
accordance with a contract of reinsurance
effected by the insurer, as reinsurer, as part of
its general business carried on in or from Hong
Kong, unless such sum is, under the contract
or in the ordinary course of business, payable
in a place outside Hong Kong where assets of
the company are maintained and under the law
of that place the claim in respect of which the
sum is payable is, in the event of a winding up,
accorded priority with respect to those assets
over claims which under the contract or in the
ordinary course of business are payable at any
other place. (Added 79 of 1988 s. 8)

(b) in subsection (2)-

(i) by repealing 'Where' and substituting 'Subject to
subsection (1)(b) and (c), where';

(ii) by adding ' or long service payment' after severance
payment';

(c) in subsection (3) by adding '(caa),' after '(ca),';

(d) by adding after subsection (3)-

(3A) The debts specified in subsection (1)(d) shall
have priority over the debts specified in subsection
(1)(e) and (f). (Added 79 of 1988 s. 8)

(3AA) The debts specified in subsection (1)(e)-

(a)shall have priority over the debts specified in
subsection (1)(f);

(b) shall rank equally among themselves; and





(c)shall be paid in full unless the assets are
insufficient to meet them, in which case they
shall abate in equal proportions among
themselves. (Added 79 of 1988 s. 8)

(3AB) The debts specified in subsection (1)(f)-

(a) shall rank equally among themselves; and

(b)shall be paid in full unless the assets are
insufficient to meet them, in which case they
shall abate in equal proportions among

themselves.(Added 79 of 1988 s. 8)

(e)in subsection (M) by repealing floating charge created' and
substituting 'charge created as a floating charge';

(f) in subsection (6)-

(i) by adding after the definition of 'accrued holiday
remuneration'

'general business' means insurance business not being
long term business as defined in section 2(1) of the
Insurance Companies Ordinance (Cap. 41); (Added
79 of 1988 s. 8)

'insurer' means a person carrying on insurance
business; (Added 79 of 1988 s. 8)

'Protection of Wages on Insolvency Fund' means the
fund deemed to be established and continued in
existence under section 6 of the Protection of Wages
on Insolvency Ordinance; (Added 12 of 1985 s. 29
(3) )

(ii) by repealing the definition of 'the relevant period' and
substituting

'the relevant period' means

(a)in a case where a company is being wound up
by the court and the relevant date in the case of
that company is a date other than the date of
the commencement of the winding up, the
period

(i) beginning 4 months next before the
commencement of the winding up and ending
on the relevant date; or

(ii) beginning 4 months next before the date
of application for an ex gratia payment, under
section 16 of the Protection of Wages on
Insolvency Ordinance, from the Protection of
Wages on Insolvency Fund, and ending on
that date of application,

whichever is the earlier;





(b)in any case where paragraph (a) does not
apply, the period

(i) of 4 months next before the relevant date;
or

(ii) beginning 4 months next before the date
of application for an ex gratia payment, under
section 16 of the Protection of Wages on
Insolvency Ordinance, from the Protection of
Wages on Insolvency Fund,

whichever is the earlier; (Replaced 48 of 1987
s.8)

(g) by adding after subsection (7)-

(8) The Fourth Schedule to the Protection of Wages
on Insolvency Ordinance 1985 shall not apply in the case
of a winding up where the date of the commencement of
the winding up occurred before the commencement* of
that Ordinance, and, in such case, the provisions relating
to preferential payments which would have applied if that
Ordinance had not been enacted shall be deemed to
remain in full force.

(Added 12 of 1985 s. 29(3))

(9) The Companies (Amendment) (No. 3) Ordinance
1988 shall not apply in the case of a winding up where the
date of the commencement of the winding up occurred
before the commencement of that Ordinance, and, in such
a case, the provisions relating to preferential payments
which would have applied if that Ordinance had not been
enacted shall be deemed to remain in full force. (Added
79 of 1988 s.8)

(39) by repealing section 269(2) and substituting

(2) For the purposes of this Ordinance-

(a)an execution against goods is completed by seizure
and sale or by the making of a charging order under
section 20 of the Supreme Court Ordinance;

(b)an attachment of a debt is completed by the receipt
of the debt; and

(c)an execution against land is completed by seizure,
by the appointment of a receiver, or by the making
of a charging order under the said sections 20
(Replaced 52 of 1987s. 44)

(40) in section 294 by repealing subsections (1) and (2) and substituting





(1) Whenever the cash balance standing to the credit
of the Companies Liquidation Account is in excess of the
amount which in the opinion of the Official Receiver is
required for the time being to answer demands in respect
of companies' estates, he may invest in his name the whole
or any part of such excess on fixed deposit or deposit at
call with such bank as he thinks fit or in Government
securities (including securities issued by the Government of
the United Kingdom). (Replaced 79 of 1988 s. 9)

(2) When any part of the money placed on deposit or
otherwise invested under subsection (1) is, in the opinion
of the Official Receiver, required to answer any demands
in respect of companies' estates, he shall raise such sum as
may be required by the withdrawal of such part of any
money placed on deposit or by sale of such part of the
securities referred to in subsection (1), as may be
necessary.(Replaced 79 of 1988 s. 9)

(41) by repealing section 295 and substituting-

295. (1) The Official Receiver shall keep an account
of the receipts and payments in the winding up of each
company.

(2) When the cash balance standing to the credit of
the account of any company exceeds by $100,000 or more
the amount which, in the opinion of the committee of
inspection or where there is no committee of inspection in
the opinion of the liquidator, is required for the time being
to answer demands in respect of the company's estate, the
Official Receiver shall, on the request of the committee of
inspection or where there is no committee of inspection on
the request of the liquidator, invest the amount of such
excess on fixed deposit or on deposit at call with such bank
as the Official Receiver thinks fit or in Government
securities (including securities issued by the Government of
the United Kingdom), to be placed to the credit of the
account of the company.

(3) When any part of the money so invested is, in the
opinion of the committee of inspection or where there is no
committee of inspection in the opinion of the liquidator,
required to answer any demands in respect of the estate of
the company, the Official Receiver shall, on the request of
the committee of inspection or where there is no committee
of inspection on the request of the liquidator, raise such
sum as may be required by the withdrawal of such part of
any money placed on deposit or by the sale of such part of
the securities referred to in subsection (2), as may be
necessary.





(4) Out of the interest paid on the investments made
under this section, an amount equal to 1 1/2% per annum (or
such other rate as may be fixed by the Financial Secretary for
the purposes of this section by notice published in the
Gazette) of the money invested shall be paid to the credit of
the Official Receiver and the balance shall be paid to the credit
of the company.

(5) The Official Receiver shall on or before 31 March in
each year transfer to the general revenue the accumulated
amount paid to his credit under subsection

(4).

(Replaced 38 of 1987 s. 4)

(42) in section 296-

(a) in subsection (2) by adding 'and orders' after 'rules';

(b)in subsection (3) by adding 'by order' after 'Legislative
Council,';

(c) by adding after subsection (3)-

(4) The amount of any fees prescribed under this
section shall not be limited by reference to the amount of
administrative or other costs incurred or likely to be
incurred by the Official Receiver in the winding up of
companies or of any particular company. (Added 38 of
1987 s. 5)

(5) Without prejudice to the generality of subsection
(4), fees referred to in that subsection may be fixed by
reference to a scale of fees and percentages. (Added 38
of 1987s. 5)

(6) Rules or orders made under this section may
authorize the court to fix any fee or to vary the amount of
any fee otherwise prescribed. (Added 38 of 1987 s. 5)

(7) No fee prescribed under this section shall be
invalid by reason only of the amount of that fee. (Added
38 of 198 7 s. 5)

(8) Fees required to be paid under rules or orders
made under this section shall be recoverable as a debt.
(Added 38 of 1987s. 5)

(9) Rules or orders made under this section before
the commencement* of the Companies (Amendment)
(No. 2) Ordinance 1987 and in force immediately before
such commencement shall have effect as from the
commencement of that Ordinance as if made under this
section as amended by that

Ordinance. (Added 38 of 1987s. 5)





(43) in section 304-

(a) by repealing subsection (1A); and

(b) by adding after subsection (2)

(3) Where-

(a)a prospectus delivered under section 38D(1) or
342C(1) comes within more than one class or
description of prospectus specified in the
English Schedule; and

(b)the fees specified in relation to those classes or
descriptions of prospectus are not of the same
amount,

the fee payable for the registration of the prospectus
shall be whichever is the higher or, as may be
appropriate, the highest of the fees so specified. (Added
41 of 1989 s. 2)

(44) in section 305-

(a)in subsection (1) by repealing 'prescribed under section
304(1A)' and substituting 'required to be paid under section
304(1)';

(b)in subsection (3) by repealing 'evidence as of equal validity
with the original document.' and substituting

evidence-

(a)as of equal validity with the original document;
and

(b) on its production without further proof,

and, until the contrary is proved, the court before which
such copy or extract is produced shall presume

(i) that the document is certified by the Registrar;
and

(ii)that the document is a true copy of or extract
from the original document.

(45) in section 333-

(a)in subsection (1)(e), by adding 'subject to subsection (IA),'
before 'a certified copy';

(b) by adding after subsection (1)-

(IA) Where it is shown to the satisfaction of the
Registrar that it is not the practice under the law of the
place where an oversea company purports to be
incorporated to issue a certificate of incorporation,





the company may, instead of delivering a copy of its
certificate of incorporation as required by subsection
(1)(e), within 1 month of the establishment of its place of
business in Hong Kong, deliver to the Registrar for
registration such other evidence of incorporation as the
Registrar deems sufficient. (Added 79 of 1988 S. 11)

(46) in section 360 by adding after subsection (3)--

(4) The amount of any fee prescribed under this section
shall not be limited by reference to the amount of
administrative or other costs incurred or likely to be incurred
in relation to providing the service to which such fee relates.
(Added 41 of 1989 s. 4)

(47) in the Eighth Schedule---

(a) in Part I, by repealing paragraph (ca) and substituting---

(ca) for registration of-
(i) full new issue or offer for sale prospectus $30,000

(ii) rights issue prospectus $15,000
(iii) Eurobond issue prospectus $15,000
(iv) warrant issue prospectus $10,000
(v) mutual fund prospectus $ 5,000
(vi) any other prospectus $ 5,000

(Replaced 41 of 1989 s. 5)

(b) in Part I(e), by repealing sub-paragraphs (i) and (ii) and

substituting-
(i) if delivered within 42 days after the annual
general meeting (Replaced 79 of 1988 s. 12) $ 50
(ii) if delivered more than 42 days after but
within 3 months after the annual general meeting
(Replaced 79 of 1988 s. 12) ..$ 500
(iii) if delivered more than 3 months after but
within 6 months after the annual general meeting
(Added 79 of 1988 s. 12) .....$1,000

(iv) if delivered more than 6 months after the

annual general meeting.....(Added 79 of 1988 s. 12) $1,500

(c) by repealing Parts IV and V and substituting---

IV.-BY A COMPANY REQUIRING A LICENCE,
CONSENT OR APPROVAL UNDER
THIS ORDINANCE

(a).........................for a consent under section 20(2) $ 500
(b).........................for a licence under section 21 $1,000
(c).........................for an approval under section 22(1) $ 200

(d) for a licence under section 93(2) $ 200

(Replaced 41 of 1989 s. 5)





V.-MISCELLANEOUS FEES

(a)for an application under section 20A(1) $ 50
(b)for an application under section 20A(4) $ 25
(c)...............for inspecting-
(i) by virtue of section 305(1) the register or
any file or any other document kept by
the Registrar, for each inspection $ 5
(ii) the register of charges kept under section
83, for each inspection ...$ 5

(d) for issuing under section 305(1)

(i) a certificate of incorporation $ 100
(ii) a copy or extract of any other document
or part of any other document-
(A) by photostatic means, per sheet or
page ...................$ 3

(B) where the copy or extract is made

other than by photostatic means,
per folio of 100 words or part
thereof .................3
For each additional copy or extract after
the first or top copy, per folio of 100
words or part thereof .$ 3

(e) for certifying a copy or extract of any

document ................................................... $ 75

(f) for registering-
(i) under Part III of the Ordinance any
charge required to be registered
thereunder whether created by a
company or existing on property
acquired by a company ......$ 200
(ii) particulars of a series of debentures
under Part III of the Ordinance 200
(iii) the appointment of a receiver or
manager, or a mortgagee's entering into
possession, under section 87 $ 20

(g) for endorsing the words 'satisfaction entered'
upon an instrument of charge under section 85 $ 20

(h)for furnishing a copy of a memorandum of
satisfaction under section 85 20
(i)for the completion of or giving effect to any
dealing, transaction or matter relating to a
defunct company, by any act done or caused to
be done by the Registrar under section 291 B $1,150
(j)for an authorization under section 111 (1) $ 500

(Replaced 41 of 1989 s. 5)

(48) in the Tenth Schedule-

(a)in paragraph 13(1)(b) by repealing interest and substituting
'interest';

(b) in paragraph 26(3) by adding 'banking' after valid

(49) in the manner indicated in the Schedule hereto.











SCHEDULE

SUBSTITUTION OF 'UNIFIED EXCHANGE' FOR 'RECOGNIZED STOCK EXCHANGE'

Provision amended Deletion Substitution
Section 38(5)(b) 'a recognized stock'the Unified Exchange'
exchange in Hong Kong'
Section 71A(3) 'a recognized stock'the Unified Exchange'
exchange'
Section 71A(4)(a) 'each recognized stock 'the Unified Exchange'
exchange'
Section 7 1 A(5) 'Every recognized stock 'The Unified Exchange'
exchange'
Section 7 1 A(8) 'each recognized stock 'the Unified Exchange'
exchange'
Section 71A(I2) (in the 'a recognized stock 'the Unified Exchange'
definition of exchange,,
company
Section 114A(2)(a) 'a recognized stock 'the Unified Exchange'
exchange'
Section 153(2) 'a recognized stock'the Unified Exchange'
exchange'
Section 154A(3) 'a recognized stock'the Unified Exchange'
exchange'
Section 155A(1)(a) 'a recognized stock 'the Unified Exchange'
exchange,,
Section 157H(1) (in the 'a recognized stock 'the Unified Exchange'
definition of exchange'
'company')
Section 157H(9)(a) 'a recognized stock 'the Unified Exchange'
exchange'
Section 342(5)(b) 'a recognized stock 'the Unified Exchange'
exchange in Hong Kong'
Section 345(2)(c) 'a recognized stock 'the Unified Exchange'
exchange-
Ninth Schedule, Part 1, 'a recognized stock 'the Unified Exchange'
paragraphs 1 and 2 exchange'
Tenth Schedule, Part 1, 'a recognized stock 'the Unified Exchange'
paragraph 9(3) exchange'
Tenth Schedule, Part 'a recognized stock 'the Unified Exchange'
IV, paragraph 31(a) exchange'

2. The Companies (Forms) Regulations are amended in the Schedule in
Forms IV, I(F) and II(F) by repealing in each case 'Fee $100.00', and
substituting 'Fee $200.00'.

3. The Companies (Winding-up) Rules are amended-

(1)in rule 5(1) by repealing 'The' and substituting 'Except as provided
in section 180A, the';





(2) in rule 6 by repealing paragraph (c) and substituting-

(c)any matter or application may, at any time, if a judge
thinks fit, be adjourned from chambers to court or
from court to chambers, and if all the contending
parties require any matter or application to be
adjourned from chambers to court it shall be so
adjourned.

(3)in rule 22A(I) by repealing '$1,000' and substituting
'$10,000';

(4) in rule 27A-

(a) by repealing paragraph (4);

(b)in paragraph (5) by repealing '$100' and substituting
'$1,000';

(5)in rule 28(1) by adding 'or of a petitioner' after
'contributory';

(6)in rule 60(4) by repealing '$3V and substituting '$150 or
otherwise as the court directs';

(7)in rule 93(1) by repealing 'any distribution made before such
debts are proved' and substituting 'the distribution made
next after that date and from the benefit of any previous
distribution';

(8)in rule 106 by repealing 'one month, or if a special manager
has been appointed then within 6 weeks' and substituting '3
months';

(9) in rule 146-

(a)in paragraph (1) by repealing 'The remuneration of a
liquidator, unless the court shall otherwise order, shall bC
and substituting-

Where the remuneration of a liquidator is determined
by the committee of inspection, it may be

(b) in paragraph (2) by repealing 'The' and substituting-

If there is no committee of inspection, the

(10) in rule 160-

(a) in paragraph (2) by adding after 'invested'--
or to withdraw any money of the company's assets
held on deposit





(b) by repealing paragraph (3) and substituting-

(3) Where there is no committee of inspection in
any such winding up as is mentioned in paragraphs
(1) and (2) and members' voluntary winding up a case
has in the opinion of the liquidator arisen under
section 295 of the Ordinance for an investment of
funds of the company, a withdrawal of funds of the
company held on deposit in a bank or a sale of
securities in which the company's funds have been
invested, the liquidator shall sign and transmit to the
Official Receiver a certificate of the facts on which his
opinion is founded, and a request to the Official
Receiver to make the investment, withdrawal or sale
mentioned in the certificate.
10 of 1987 s. 2. (Cap. 361) 79 of 1988 s. 2. 25 of 1985 s. 2. 79 of 1988 s. 3. 79 of 1988 s. 4. L.N. 153 of 1988 L.N. 283 of 1986 L.N. 67 of 1985 L.N. 242 of 1989 10 of 1987 s. 3. L.N. 283 of 1986 L.N. 153 of 1988 L.N. 283 of 1986 L.N. 283 of 1986 L.N. 283 of 1986 10 of 1987 s. 4. L.N. 245 of 1987 L.N. 283 of 1986 L.N. 283 of 1986 27 of 1986 s. 137 10 of 1987 s. 5 10 of 1987 s. 5 10 of 1987 s. 5 Power of inspector to call for director's accounts. 10 of 1987 s. 7 10 of 1987 s. 8. 27 of 1986 s. 137. (Cap. 155.) L.N. 283 of 1986 79 of 1988 s. 5. Further provisions relating to loans to officers, etc. of authorized financial institutions. L.N. 283 of 1986 12 of 1985 s. 29(3) Hearing of unopposed petition by Registrar of Supreme Court. L.N. 283 of 1986 L.N. 378 of 1989 L.N. 283 of 1986 L.N. 283 of 1986 38 of 1987 s. 2. 38 of 1987 s. 2. 38 of 1987 25 of 1985 s. 4. 79 of 1988 s. 7. (Cap. 380.) (Cap 380) (Cap. 57) 12 of 1985 s. 29(3) 77 of 1985 s. 2. 77 of 1985 s. 2. 10 of 1987 s. 9 (Cap. 380) (Cap 380) (Cap. 380) (12 of 1985) [* 19.4.1985] (Cap. 4) Separate accounts of particular estates 38 of 1987 s. 5. (38 of 1987) [*3.7.87.] 41 of 1989 s. 2. 41 of 1989 s. 3. 79 of 1988 s. 10 79 of 1988 s. 11 L.N. 283 of 1986 27 of 1986 s. 137 10 of 1987 s. 11 L.N. 107 of 1985 L.N. 304 of 1988 L.N. 108 of 1987 L.N. 139 of 1985 L.N. 139 of 1985 L.N. 376 of 1989 L.N. 139 of 1985 L.N. 376 of 1989 L.N. 139 of 1985 25 of 1985 s. 7. 25 of 1985 s. 7. L.N. 197 of 1987 L.N. 197 of 1987

10 of 1987 s. 2. (Cap. 361) 79 of 1988 s. 2. 25 of 1985 s. 2. 79 of 1988 s. 3. 79 of 1988 s. 4. L.N. 153 of 1988 L.N. 283 of 1986 L.N. 67 of 1985 L.N. 242 of 1989 10 of 1987 s. 3. L.N. 283 of 1986 L.N. 153 of 1988 L.N. 283 of 1986 L.N. 283 of 1986 L.N. 283 of 1986 10 of 1987 s. 4. L.N. 245 of 1987 L.N. 283 of 1986 L.N. 283 of 1986 27 of 1986 s. 137 10 of 1987 s. 5 10 of 1987 s. 5 10 of 1987 s. 5 Power of inspector to call for director's accounts. 10 of 1987 s. 7 10 of 1987 s. 8. 27 of 1986 s. 137. (Cap. 155.) L.N. 283 of 1986 79 of 1988 s. 5. Further provisions relating to loans to officers, etc. of authorized financial institutions. L.N. 283 of 1986 12 of 1985 s. 29(3) Hearing of unopposed petition by Registrar of Supreme Court. L.N. 283 of 1986 L.N. 378 of 1989 L.N. 283 of 1986 L.N. 283 of 1986 38 of 1987 s. 2. 38 of 1987 s. 2. 38 of 1987 25 of 1985 s. 4. 79 of 1988 s. 7. (Cap. 380.) (Cap 380) (Cap. 57) 12 of 1985 s. 29(3) 77 of 1985 s. 2. 77 of 1985 s. 2. 10 of 1987 s. 9 (Cap. 380) (Cap 380) (Cap. 380) (12 of 1985) [* 19.4.1985] (Cap. 4) Separate accounts of particular estates 38 of 1987 s. 5. (38 of 1987) [*3.7.87.] 41 of 1989 s. 2. 41 of 1989 s. 3. 79 of 1988 s. 10 79 of 1988 s. 11 L.N. 283 of 1986 27 of 1986 s. 137 10 of 1987 s. 11 L.N. 107 of 1985 L.N. 304 of 1988 L.N. 108 of 1987 L.N. 139 of 1985 L.N. 139 of 1985 L.N. 376 of 1989 L.N. 139 of 1985 L.N. 376 of 1989 L.N. 139 of 1985 25 of 1985 s. 7. 25 of 1985 s. 7. L.N. 197 of 1987 L.N. 197 of 1987

https://oelawhk.lib.hku.hk/items/show/3651

TRUSTEE ORDINANCE - minor amendment

CHAPTER 29

TRUSTEE

The Trustee Ordinance is amended---

(1) in section 77
(a)in subsection (2)(e)(ii) by repealing 'section 7 of the Banking
Ordinance' and substituting 'section 16 of the Banking
Ordinance';

(b)in subsection (3)(b) by repealing 'section 7 of the Banking
Ordinance' and substituting 'section 16 of the Banking
Ordinance';

(2) in section 100-

(a)in subsection (2) by repealing 'section 7 of the Banking
Ordinance' and substituting 'section 16 of the Banking
Ordinance';

(b)in subsection (3) by repealing -section 7 of the Banking
Ordinance' and substituting -section 16 of the Banking
Ordinance';

(3) In the Second Schedule-

(a)Part I, in paragraph 15E by adding 'and Futures' before
'Commission';

(b) Part II-

(i) in paragraph 22(2) by repealing 'Deposit-taking
Companies Ordinance' and substituting 'Banking Ordinance
(Cap. 155)';

(ii) in paragraph 23(2) by repealing 'Deposit-taking
Companies Ordinance' and substituting 'Banking Ordinance
(Cap. 155)';

(iii) in paragraph 24 by adding 'and Futures' before
'Commission'.
27 of 1986 s. 137 27 of 1986 s. 137 10 of 1989 s. 65 27 of 1986 s. 137 27 of 1986 s. 137 10 of 1989 s. 65

27 of 1986 s. 137 27 of 1986 s. 137 10 of 1989 s. 65 27 of 1986 s. 137 27 of 1986 s. 137 10 of 1989 s. 65

https://oelawhk.lib.hku.hk/items/show/3650

CROWN LAND ORDINANCE - minor amendment

CHAPTER 28

CROWN LAND

The Crown Land Ordinance is amended in the Schedule

(a)by repealing ' 'railway land' means land within the fences or
other boundary marks indicating the limits of land reserved for
the Kowloon-Canton Railway and';

(b)by repealing 'Lands' wherever it occurs and substituting
'Buildings and Lands';

(c) by repealing 'railway land and' and 'railway land or';

(d)by repealing 'General Manager of the Kowloon-Canton
Railway, in the case of railway land.' wherever it occurs;

(e)by repealing 'Director of Engineering Development' and
substituting 'Director of Highways';

(f) by repealing 'Engineering Development Department'
wherever it occurs and substituting 'Highways Department'.
73 of 1982 s. 39 L.N. 94 of 1986 73 of 1982 s. 39 73 of 1982 s. 39 L.N. 127 of 1986 L.N. 127 of 1986

73 of 1982 s. 39 L.N. 94 of 1986 73 of 1982 s. 39 73 of 1982 s. 39 L.N. 127 of 1986 L.N. 127 of 1986

https://oelawhk.lib.hku.hk/items/show/3649

SALE OF GOODS ORDINANCE - minor amendment

CHAPTER 26

SALE OF GOODS

The Sale of Goods Ordinance is amended by repealing sec-
tion 28.
52 of 1987 s. 45

52 of 1987 s. 45

https://oelawhk.lib.hku.hk/items/show/3648

LABOUR TRIBUNAL ORDINANCE - minor amendment

CHAPTER 25

LABOUR TRIBUNAL

1. The Labour Tribunal (General) Rules are amended by repealing
rule 13.

2. The Labour Tribunal (Suitors' Funds) Rules are amended in
rule 6(2) by repealing 'the registrar and such other person as the
registrar may authorize in writing' and substituting-

2 persons authorized in writing by the Registrar of the Supreme
Court from time to time
5 of 1986 s. 3. L.N. 343 of 1980

5 of 1986 s. 3. L.N. 343 of 1980

https://oelawhk.lib.hku.hk/items/show/3647

LAW AMENDMENT AND REFORM (CONSOLIDATION) ORDINANCE - minor amendment

CHAPTER 23

LAW AMENDMENT AND REFORM (CONSOLIDATION)

The Law Amendment and Reform (Consolidation) Ordinance is
amended

(1)in section 9 by repealing 'and sections 2, 3, 4, 10 and 11 ' and
substituting

, section 11 of this Ordinance and sections 25 and 49 of the
Conveyancing and Property Ordinance

(2) by repealing section 20(3);

(3)in section 21(1) by repealing 'resaon' and substituting 'reason'
31 of 1988 s. 30 (Cap. 219) 52 of 1987 s. 45 L.N. 337 of 1989

31 of 1988 s. 30 (Cap. 219) 52 of 1987 s. 45 L.N. 337 of 1989

https://oelawhk.lib.hku.hk/items/show/3646

BILLS OF EXCHANGE ORDINANCE - minor amendment

CHAPTER 19

BILLS OF EXCHANGE

The Bills of Exchange Ordinance is amended-

(1) in section 14 by repealing paragraph (a) and substituting

(a)the bill is due and payable in all cases on the last day of
the time of payment as fixed by the bill or, if that is a
general holiday, on the succeeding business day;
(Replaced 67 of 1972 s. 2)

(2)in section 20(1) by repealing 'stamped' and 'the stamp will cover';

(3)in section 26(1) by adding 'subject to section 26A,' after 'but' ;

(4) by adding after section 26-

26A. (1) A person who makes, accepts or indorses a bill
for, in the name of, on behalf of or on account of a company
shall not be liable in respect of that making, acceptance or
indorsement where, on a proper construction of the bill as a
whole, that making, acceptance or indorsement is a making,
acceptance or indorsement of that company.

(2) In subsection (1), 'company' has the meaning
assigned to it by section 2(1) of the Companies Ordinance and
includes a company to which Part XI of that Ordinance
applies.

(3) This section shall apply to the making, acceptance or
indorsement of a bill after the commencement* of the Bills of
Exchange (Amendment) Ordinance 1983.

(Added 16 of 1983 s. 3)

(5)in section 102(3)(a) by repealing 'any Stamp Ordinance' and
substituting 'the Stamp Duty Ordinance'.
67 of 1972 s. 2. 1971 c. 80 s. 3(2) 31 of 1981 s. 65 16 of 1983 s. 2. Corporate signatures (Cap. 32) (16 of 1983) [*29.4.83] 31 of 1981 s. 65 (Cap. 117)

67 of 1972 s. 2. 1971 c. 80 s. 3(2) 31 of 1981 s. 65 16 of 1983 s. 2. Corporate signatures (Cap. 32) (16 of 1983) [*29.4.83] 31 of 1981 s. 65 (Cap. 117)

https://oelawhk.lib.hku.hk/items/show/3645

LANDS TRIBUNAL ORDINANCE - minor amendment

CHAPTER 17

LANDS TRIBUNAL

The Lands Tribunal Rules are amended-

(1)in rule 41(2) and (3) by repealing 'Building Development' wherever
it occurs and substituting 'Buildings and Lands';

(2) by repealing Parts VIII and IX and substituting---

PART VIII

PROCEEDINGS UNDER THE FORESHORE
AND SEA-BED (RECLAMATIONS)
ORDINANCE

44. (1) Proceedings for determination of a claim by the
Tribunal under section 13(4) of the Foreshore and Sea-bed
(Reclamations) Ordinance shall he commenced by filing with
the registrar--

(a)an application substantially in accordance with
Form 9; and

(b)a copy of particulars of the injurious affecting of the
interest, right or easement and of claims thereof,
delivered to the Director of Buildings and Lands
under section 12(1) of that Ordinance.

(2) A copy of the application and particulars filed under
subsection (1) shall be served on the other party not later
than 7 days after it is filed.

(3) in the Schedule--

(a) in Forms 3 and 4-

(i) by repealing 'Director of Lands' wherever it occurs and
substituting 'Director of Buildings and Lands';

(ii) by repealing wherever it occurs and substituting

(b) in Form 5-

(i) by repealing 'Engineering Development' and
substituting 'Buildings and Lands';

(ii) by deleting and substituting

(c) in Forms7,8 and11
(i) by repealing 'Building Development' wherever it occurs
and substituting 'Buildings and Lands';

(ii) by repealing wherever it occurs and substituting





(d) by repealing Forms 9 and 10 and substituting-
FORm 9 [r. 441



APPLICATION To LANDS TRIBUNALS To DETERMINE.
COMPENSATION UNDER FORESHORE AND SEA-BED
(RECLAMATIONS) ORDINANCE

.Delete I/We

whichever is

inapplicable

of ..................................................................................

*.I (address)

or


*The Director of Buildings and Lands require(s) the


Lands Tribunal to determine under section 13 of the
...........................................................


Ordinance the amount of compensation payable

in respect


of a claim (copy attached) made under section 12 of the

Ordinance by ........................................................................

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

(person affected)

Authorization of the proposal under section 3 of the


Ordinance to which the claim relates, became effective
under section 7 ofthe Ordinance. or A

*Authorization of the proposal under section 3 of the

Ordinance to which the claim relates, has been given (in
part) by the Governor in Council under section
of the Ordinance.
It is certified that notice under section 13(5) of the
Ordinance of reference of the claim to the Lands Tribunal
was served on the other party to the claim on the


day of ................19

Dated the ...day of .19


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

(to be signed by or on behalf of

the party applying)

L.N. 94 of 1986 63 of 1985 s. 21 63 of 1985 s. 21 (Cap. 127) Claims for compensation (Cap. 127) L.N. 94 OD 1986 L.N. 94 Of 1986 L.N. 94 Of 1986 L.N. 94 Of 1986 63 of 1985 s. 21 63 of 1985 s. 21 L.N. 94 of 1986 (Cap. 127.)

L.N. 94 of 1986 63 of 1985 s. 21 63 of 1985 s. 21 (Cap. 127) Claims for compensation (Cap. 127) L.N. 94 OD 1986 L.N. 94 Of 1986 L.N. 94 Of 1986 L.N. 94 Of 1986 63 of 1985 s. 21 63 of 1985 s. 21 L.N. 94 of 1986 (Cap. 127.)

https://oelawhk.lib.hku.hk/items/show/3644

LAND DEVELOPMENT CORPORATION ORDINANCE - minor amendment

CHAPTER 15

LAND DEVELOPMENT CORPORATION

1. The Land Development Corporation Ordinance came into
operation on 15 January 1988.

2. The Land Development Corporation Ordinance is amended in
section 2 by repealing 'Secretary for Lands and Works' wherever it
occurs and substituting 'Secretary for Planning, Environment and
Lands'.
L.N. 8 of 1988 L.N. 244 of 1989

L.N. 8 of 1988 L.N. 244 of 1989

https://oelawhk.lib.hku.hk/items/show/3643

CORONERS ORDINANCE - minor amendment

CHAPTER 14

CORONERS

1. The Coroners Ordinance is amended-

(1)in section 10(1) by repealing 'draw either from the common jurors
ballot box or from the special jurors ballot box' and substituting

select by ballot or by any other method of random selection,
either from the list of common jurors or from the list of special
jurors

(2)in section 11(1) by repealing 'drawn' and substituting 'selected';

(3)in section 18 by repealing 'Public Health and Urban Services
Ordinance' and substituting 'Public Health and Municipal
Services Ordinance'.

2. The Coroners Rules are amended-

(1) in rule 8(2)-

(a) by repealing the full stop at the end thereof;

(b)by adding 'and the Commissioner of Police.' at the end
thereof;

(2)in rule 23(c) by repealing 'dangerous' in both places where it
occurs and substituting in each case 'reckless';

(3)in rule 34 by repealing 'fifteen years' and substituting 'three
years'.

3. The Places for Post-Mortem Examination Order is amended in the
Schedule by adding at the end 'Fu Shan Public Mortuary.'.
64 of 1984 s. 13 10 of 1986 s. 32(1) 22 of 1975 s. 3. 66 of 1984 s. 13. L.N. 92 of 1974. L.N. 86 of 1989.

64 of 1984 s. 13 10 of 1986 s. 32(1) 22 of 1975 s. 3. 66 of 1984 s. 13. L.N. 92 of 1974. L.N. 86 of 1989.

https://oelawhk.lib.hku.hk/items/show/3642

GUARDIANSHIP OF MINORS ORDINANCE - minor amendment

CHAPTER 13

GUARDIANSHIP OF MINORS

The Guardianship of Minors Ordinance is amended by repeal-
ing section 22.
32 of 1988 s. 2.

32 of 1988 s. 2.

https://oelawhk.lib.hku.hk/items/show/3641

FIRE INVESTIGATION ORDINANCE - minor amendment

CHAPTER 12

FIRE INVESTIGATION

The Fire Investigation Ordinance is amended-

(1)in the list of amending Ordinances set out in the margin at the
beginning of the Chapter by substituting '17 of 1965.' for '17 of
1975.';

(2)in section 9, in the annotation, by substituting '17 of 1965' for '17
of 1975'.
L.N. 65 of 1986

L.N. 65 of 1986

https://oelawhk.lib.hku.hk/items/show/3640

PROBATE AND ADMINISTRATION ORDINANCE - minor amendment

CHAPTER 10

PROBATE AND ADMIMSTRATION

The Probate and Administration Ordinance is amended-

(1)in section 15(1) by repealing 'twenty thousand dollars' and
substituting '$50,000';

(2) in section 23A-

(a) in subsection (1) by repealing 'under section 16';

(b) by repealing subsection (2);

(3) in section 23B(1) by repealing 'under section 16';

(4) by adding after section 23C-

23D. The, Official Administrator shall on or after 31 March
in each year transfer to the general revenue any interest paid
on or accumulated in any account operated by him for the
purpose of administering any estate, if such interest is not
required to be credited or paid to any estate by rules made
under section 72.

(Added 72 of 19 78 s. 2)

(5) in section 72 by adding after subsection (1)--

(1A) Without prejudice to the generality of subsection
(1), the Chief Justice may make rules

(a)regulating the payment or crediting of interest on any
money placed in any account operated by the Official
Administrator for the purpose of administering any
estate;

(b)determining the smallest amount of money placed in
such an account in respect of which interest is to be
credited;

(c)determining the time at which money placed in such
an account is to begin and to cease to bear interest
and the mode of computing such interest; and

(d)determining the rate of interest to be credited to
moneys placed in such an account. (Added 72 of
1978 s. 3)
44 of 1983 s. 2. 70 of 1972 s. 2. 70 of 1972 s. 3. 72 of 1978 s. 2. Disposal of surplus interest. 72 of 1978 s. 3.

44 of 1983 s. 2. 70 of 1972 s. 2. 70 of 1972 s. 3. 72 of 1978 s. 2. Disposal of surplus interest. 72 of 1978 s. 3.

https://oelawhk.lib.hku.hk/items/show/3639

JUDGEMENTS (FACILITIES FOR ENFORCEMENT) ORDINANCE - minor amendment

CHAPTER 9

JUDGMENTS (FACILITIES FOR ENFORCEMENT)

The Judgments (Facilities for Enforcement) Ordinance is
amended-

(1) in section 2(1), in the definition of 'judgment' by repealing
'place;' and substituting-

place, but does not include a judgment which by virtue of
the Foreign Judgments (Restriction on Recognition and
Enforcement) Ordinance cannot be recognized or enforced
in Hong Kong;

(2) in section 5 by repealing 'section 38 of
37 of 1985 s. 6 (Cap. 46) 92 of 1975 s. 58

37 of 1985 s. 6 (Cap. 46) 92 of 1975 s. 58

https://oelawhk.lib.hku.hk/items/show/3638

EVIDENCE ORDINANCE - minor amendment

CHAPTER 8

EVIDENCE

The Evidence Ordinance is amended--

(1) in section 1911-

(a)in section 18 by repealing 'and' where it secondly appears
and substituting 'any';

(b) by being renumbered as subsection (1);

(c) by adding after subsection (1)-

(2) The power conferred by subsection (1) may be
exercised in respect of any body formed or established
outside Hong Kong notwithstanding that it has ceased
to carry on the business of banking or is being or has
been wound up or dissolved. (Added 67 of 1986 s. 2)

(2) in section 20(5)--

(a)in paragraph (a) by repealing '19B' and substituting 19B(1)

(b)in paragraph (b) by repealing 'Deposit-taking Companies
Ordinance to be registered or licensed thereunder' and
substituting

Banking Ordinance to be registered or licensed
thereunder as a deposit-taking company

(3) by adding after section 20-

20A. (1) Section 20 shall apply to a copy of an entry or
matter recorded in a record used in the ordinary course of
business of a former bank which is tendered in evidence in
criminal proceedings as it applies to a copy of an entry or
matter recorded in a banker's record, but with the following
modifications

(a)subsection (1)(a)(ii) thereof shall be construed as if
for 'the bank' there were substituted 'any person
duly authorized in that behalf or otherwise
responsible for administering the affairs of the
former bank'; and

(b)a reference therein to an officer of a bank shall in
relation to the former bank be construed as a
reference to any person who is, or is an officer of, a
person responsible for administering the affairs of
the former bank.





(2) Section 20 shall apply to a copy of an entry or matter
recorded in a record used in the ordinary course of business
of a body designated by the Financial Secretary under section
19B(2) for the purposes of criminal proceedings which is
tendered in evidence in those criminal proceedings as it
applies to a copy of an entry or matter recorded in a banker's
record, but with the following modifications--

(a)a reference therein to a bank shall be construed as a
reference to any person responsible for administering
the affairs of that body;

(b)a reference therein to an officer of a bank shall he
construed as a reference to any person who is, or is
an officer of, a person responsible for administering
the affairs of that body.

(3) For the purposes of subsection (1) 'former bank'
means a bank which is being or has been wound up or
dissolved or has otherwise ceased to carry on business as a
bank.

(Added 67 of 1986s. 4)

(4) in section 77F-

(a) in subsection (1)-

(i) in paragraph (c)(ii) by adding after 'the original thereof '

, or a copy thereof made by any photographic process,

(ii) in paragraph (d) by adding after 'the original thereof

' or a copy thereof made by any photographic process,

(b) in subsection (2)(b)--

(i) by adding after 'banking outside Hong Kong,'-

or which (having formerly carried on the business of
banking outside Hong Kong) is being or has been wound
up or dissolved or has otherwise ceased to carry on such
business,

(ii) in sub-paragraph (i) by adding after 'body'

or, in the case of any such body which is being or has
been wound up or dissolved or has otherwise ceased to
carry on such business, by any person who is, or is an
officer of, a person responsible for administering its
affairs
67 of 1986 s. 2. L.N. 54 of 1989 67 of 1986 s. 3. L.N. 27 of 1986 s. 137 (Cap. 155) Application of section 20 to banks that have ceased business 67 of 1986 s. 5.

67 of 1986 s. 2. L.N. 54 of 1989 67 of 1986 s. 3. L.N. 27 of 1986 s. 137 (Cap. 155) Application of section 20 to banks that have ceased business 67 of 1986 s. 5.

https://oelawhk.lib.hku.hk/items/show/3637

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - minor amendment

CHAPTER 7

LANDLORD AND TENANT (CONSOLIDATION)

Resolution made and passed by the Legislative Council under
sections 10(8), 58(3) and 74B(2) of the Landlord and Tenant
(Consolidation) Ordinance on 12 July 1989.

RESOLVED that

(a)the Landlord and Tenant (Consolidation) Ordinance be
amended

(i) in section 10(1) by repealing '39' and
substituting '43';

(ii) in section 58(2) by repealing '60' in both
places where it occurs and substituting '65'; and

(iii) in section 74B(1) by repealing '1989' and
substituting 1991

(b)the amendment set out in paragraph (a)(i) above shall
come into operation on 1 November 1989; and

(c)the amendment set out in paragraph (a)(ii) above shall
not apply to applications for a certificate under section 57
of the Landlord and Tenant (Consolidation) Ordinance
made before 19 December 1989.
L.N. 235 of 1989

L.N. 235 of 1989

https://oelawhk.lib.hku.hk/items/show/3636

BANKRUPTCY ORDINANCE - minor amendment

CHAPTER 6

BANKRUPTCY

1. The Bankruptcy Ordinance is amended-

(1)in section 9 by repealing 'same manner as a writ of summons
unless some other manner of service be prescribed' and
substituting 'prescribed manner';

(2) in section 32(1) by adding after paragraph (a)---

(aa) from any liability to pay any amount under a confiscation
order made under the Drug Trafficking (Recovery of
Proceeds) Ordinance (Cap. 405); or (Added 35 of 1989 s.
32)

(3) in section 38(1)-
(a) in paragraph (b)(i) by adding after 'Fund'-

under section 18 of the Protection of Wages on
Insolvency Ordinance

(b) in paragraph (b)(ii) by repealing 'period beginning 4 months
next before the date of the filing of the petition and ending on
the making of a receiving order not exceeding, together with
any payment under subparagraph (i), $300 and substituting--
period

(A)beginning 4 months next before the date of the
filing of the petition and ending on the making
of the receiving order; or

(B)beginning 4 months next before the date of
application for an ex gratia payment, under
section 16 of the Protection of Wages on
Insolvency Ordinance, from the Protection of
Wages on Insolvency Fund, and ending on
that date of application,

whichever is the earlier, not exceeding, together with any payment
under sub-paragraph (i), $300;

(c) in paragraph (c)(i) by adding
after 'Fund'

under section 18 of the Protection of Wages on
Insolvency Ordinance

(d)in paragraph (c)(ii) by repealing 'period beginning 4 months
next before the date of the filing of the petition and ending on
the making of a receiving order not exceeding, together with
any payment under sub-paragraph (i), $100; and substituting--





period-

(A)beginning 4 months next before the date of the
filing of the petition and ending on the making
of the receiving order; or

(B)beginning 4 months next before the date of
application for an ex gratia payment, under
section 16 of the Protection of Wages on
Insolvency Ordinance, from the Protection of
Wages on Insolvency Fund, and ending on
that date of application,

whichever is the earlier, not exceeding, together with any
payment under sub-paragraph (i), $100;

(4) by repealing section 45(2) and substituting---

(2) For the purposes of this Ordinance---

(a)an execution against goods is completed by seizure and
sale or by the making of a charging order under section
20 of the Supreme Court Ordinance;

(b)an attachment of a debt is completed by the receipt of the
debt; and

(c)an execution against land is completed by seizure, by the
appointment of a receiver, or by the making of a charging
order under the said section 20. (Replaced 52 of 1987 s.
44)

(5) in section 93-

(a) by repealing subsection (3) and substituting-

(3) The trustee shall furnish the Official Receiver
with such vouchers and information relating to the
account as he requires, and the Official Receiver may at
any time require the production of, and inspect, any
books or accounts kept by the trustee. (Replaced 39 of
1987 s. 3)

(A) The Official Receiver may at any time cause the
account to be audited. (Added 39 of 1987 s.3)

(b)in subsection (4) by repealing 'it shall be filed and kept by the
Official Receiver and' and substituting

(or, as the case may be, forthwith if the Official Receiver
decides that the account need not be audited) one copy
thereof shall be filed and kept by the Official Receiver,
and the other copy shall be delivered to the court for
filing, and each copy

(c) by adding after subsection (4)-

(4A) Notwithstanding the fact that unaudited copies
of an account have already been filed, the





Official Receiver may subsequently cause that account to
be audited, and in that event a copy of the audited
account shall be filed and kept by the Official Receiver,
and a further copy shall be delivered to the court for
filing, and each copy shall be open, upon payment of the
prescribed fee, to the inspection of any creditor or of the
bankrupt or of any person

interested.(Added 39 of 1987 s. 3)

(d)in subsection (5) by repealing ', after such audit or
examination,';

(6) in section 99 by adding after subsection (2)

(3) Subject to rules made under section 113 limiting the
power conferred by this subsection, the Registrar sitting in
open court shall have power to hear and determine unopposed
bankruptcy petitions and to make receiving orders thereon
(Added 54 of 1988 s. 2)

(7) in section 114

(a)in subsection (1) by adding 'by order' after 'Legislative
Council,';

(b) by adding after subsection (2)-

(3) The amount of any fees prescribed under this
section shall not be limited by reference to the amount of
administrative or other costs incurred or likely to be
incurred by the Official Receiver in proceedings in
bankruptcy or in any particular bankruptcy, (Added 39 of
1987 s.4)

(4) Orders made under this section may authorize the
court to fix any fee or to vary the amount of any fee
otherwise prescribed. (Added 39 of 1987 s. 4)

(5) No fee prescribed under this section shall be
invalid by reason only of the amount of that fee. (Added
39 of 1987s. 4)

(6) Fees required to be paid under orders made
under this section shall be recoverable as a debt. (Added
39 of 1987s. 4)

(7) Orders made under this section before the
commencement* of the Bankruptcy (Amendment)
Ordinance 1987 and in force immediately before such
commencement, shall have effect as from the
commencement of that Ordinance as if made under this
section as amended by that Ordinance. (Added 39 of
1987s.4)

2. The Bankruptcy Rules are amended

(1) in rule 2

(a) by repealing the definition of 'creditor' and substituting-





'creditor' includes a corporation, a firm of creditors in
partnership and, in relation to criminal bankruptcy
proceedings, the Official Petitioner;

(b)by repealing the definition of 'Registrar' and substituting

'Registrar' means the Registrar of the Supreme Court,
and any Deputy or Assistant Registrar of the
Supreme Court;

(2) in rule 5 by repealing paragraph (h);

(3) by repealing rule 6 and substituting--

6. Subject to the provisions of the Ordinance and rules

(a)the Registrar may under the general or special
directions of a judge hear and determine any
application or matter which under the Ordinance and
rules may be heard and determined in chambers;

(b)any matter or application before the Registrar may at
any time be adjourned by him to be heard before
ajudge;

(c)any matter or application may, at any time, if a judge
thinks fit, be adjourned from chambers to court or
from court to chambers, and if all the contending
parties require any matter or application to be
adjourned from chambers to court it shall be so
adjourned

(L.N. 106 of 1987)

(4)in rule 17 by adding 'or an insurance company' after 'society';

(5) in rule 23-

(a)in paragraph (4) by repealing '30' and substituting '$150 or as
the court directs';

(b)in paragraph (6) by repealing 'Treasury' and substituting
'general revenue';

(6)in rule 27 by repealing 'Prisons' and substituting 'Correctional
Services';

(7)in rule 28(1) by repealing 'Prisons' and substituting 'Correctional
Services';

(8) in rule 52(1) by repealing '$1,000' and substituting '$10,000';

(9) by repealing rule 59 and substituting---





59. (1) Service of a creditor's petition shall be effected by
the creditor or his solicitor, or a person in their employment,
delivering a sealed copy of the petition to the debtor. (See
Form 14)

(2) If the court is satisfied by affidavit or other evidence
on oath that prompt personal service cannot be effected
because the debtor is evading service of the petition or any
other legal process, or for any other cause, it may order
substituted service to be effected in such manner as it thinks
fit.

(3) Where an order under paragraph (2) has been carried
out, the petition shall be deemed to have been duly served on
the debtor.

(L.N. 194 of 1987)

(10) in rule 62 by repealing '$300' and substituting '$1,000';

(11) in rule 63 by repealing '$300' and substituting '$1,000';

(12) by adding after rule 107-

107A. Where a resolution is passed at an adjourned
meeting of any creditors, the resolution shall, for all purposes,
be treated as having been passed on the date on which it was
in fact passed, and shall not be deemed to have been passed
on any earlier date.

(L.N. 231 of 1984)

(13) in rule 127(3) by repealing 'Scale' and substituting 'Order';

(14) in rule 130---

(a) in paragraph (1)-

(i) in sub-paragraph (a)(i) by repealing '$3,600' and
substituting '$120,000';

(ii) in sub-paragraph (b) by repealing 'mortgagees'
wherever it occurs and substituting

persons entitled to the mortgage or charge

(b)in paragraph (4) by repealing 'mortgagee' wherever it occurs
and substituting

person entitled to a mortgage or charge

(15) in rule 149A-

(a)in paragraph (5) by repealing 'The' and substituting 'If
required, the';

(b)in paragraphs (6) and (7) by repealing '$100 where it appears
and substituting in each case '$1,000';





(16) by adding after rule 158

158A. Where a debtor against whom a receiving order
has been made has no available assets, the Official Receiver
shall not be required to incur any expense in relation to the
estate unless the court otherwise directs.

(L.N. 143 of 1985)

[cf. S.I. 1952/2113 r. 324 U.K.]

(17) in rule 181 by repealing 'Scale' and substituting 'Order';

(18) by repealing rule 202 and substituting

202. The court may at any time after the date of the
receiving order, on the application of the Official Receiver or
trustee, direct that the books, papers and documents of the
bankrupt or of the Official Receiver or trustee be sold,
destroyed or otherwise disposed of.

(L.N. 231 of 1984)

(19) by repealing 'the Colony' wherever occurring in rules 31,

45(3), 47, 51, 80(2), 134, 136 and 147(1) and substituting 'Hong
Kong'.

3. The Bankruptcy (Forms) Rules are amended in the Schedule

(a) by adding after Form 10

FORM 10A [s. 9; rule
56]

CRIMINAL BANKRUPTCY PETITION

In the High Court of
Justice.

In Bankruptcy.

(Title.)

I, the Official Petitioner [or, I, C.D., of ] [or, We,
C.D., of and E.F., of ]

hereby petition the court that a receiving order may be made in respect of the
estate
of A.B. (a) of (b)and lately residing at [or
carrying on business at (c) and say-

1. That a criminal bankruptcy order was made against the said A.B. in the

Court on the day of 19
and that an office copy ofthe said order is annexed to this petition.

2. That the said order remains in force.

or,

That the said order was amended by the Court of Appeal on the

day of 19 ; that an office copy of







the order ofthe Court of Appeal is annexed to this petition; and that the said
order as
amended by the Court of Appeal remains in force.

3.That according to the said criminal bankruptcy order the said A.B. is

indebted to [insert the names of the persons specified in the order as having
suffered loss
or damage] in the aggregate sum of $[set out the amount of the loss or
damage suffered as specified in the criminal bankruptcy order].





Dated this day of 19

(Signed) Official Petitioner
C.D.
E.F.
(as the case may be).

in my presence.]

Signature of witness.

A ddress.

Description.

NOTE-If there be more than one petitioner, and they do not sign together, the signature of each must be
separately attested, e.g., 'Signed by the petitioner E.F. in my presence.' If the pelition is signed by a firm, the partner
signing should add also his own signature, e.g., 'A.S. & Co. by J.S., a partner in the said firm.

ENDORSEMENT

This petition having been presented to the court on the day of

19 it is ordered that this petition shall be heard at
on the day of 19 at

o'clock in the noon.

And you, the said A.B., are to take notice that if you intend to show cause
against the petition you must file with the Registrar of this Court a notice
specifying the statements which you intend to deny or dispute, and send by post a
copy of the notice to the petitioner and his solicitor, if known, not later than 3
days before the day fixed for the hearing.

(b) to the extent indicated below-

AMENDMENTS To FORMS

No. Amendment

Form 10 By repealing 'the Colony' in the two places
where it occurs and substituting 'Hong
Kong'.
Form 28I By repealing 'Residence' and substituting
'Address'.
Form 46 By repealing '$l stamp' and substituting
'filing fee'.
Form 105 (a) By repealing 'Prisons' in the two places
where it occurs and substituting 'Cor-
rectional Services'.
(b) By repealing 'the Colony' and sub-
stituting 'Hong Kong'.
Form 106 By repealing 'Prisons' and substituting
'Correctional Services'.


Form 107 By repealing 'Prisons' and substituting
'Correctional Services'.
Form 110 (a)By repealing 'Prisons' in the two places
where it occurs and substituting
'Correctional Services'.

(b)By repealing 'the Colony' in the two places
where it occurs and substituting 'Hong
Kong'.
Form 115 (a)By repealing 'Prisons' in the three places
where it occurs and substituting
'Correctional Services'.

(b)By repealing 'the Colony' and substituting
'Hong Kong
Form 116By repealing 'Prisons' and substituting
'Correctional Services'.
Form 117By repealing 'Residence' in the two places
where it occurs and substituting 'Address'.

Form 141 By repealing '[Exempt from stamp duty.]'.
39 of 1987 s. 2. 48 of 1987 s. 8. (Cap. 380) 48 of 1987 s. 8. (Cap. 380.) (Cap. 380.) 48 of 1987 s. 8. (Cap. 380.) (Cap. 4.) 39 of 1987 s. 3. 39 of 1987 s. 4. (39 of 1987) [*3.7.87.] L.N. 152 of 1979 L.N. 231 of 1984 L.N. 231 of 1984 Adjournment from chambers to court and vice versa R9 L.N. 231 of 1984 L.N. 143 of 1985 L.N. 231 of 1984 L.N. 231 of 1984 L.N. 231 of 1984 L.N. 143 of 1985 L.N. 143 of 1985 L.N. 143 of 1985 Resolution passed at adjourned meeting of creditors. L.N. 143 of 1985 L.N. 231 of 1984 L.N. 231 of 1984 L.N. 231 of 1984 L.N. 143 of 1985 No expenses to be incurred where no assets L.N. 143 of 1985 Disposal of books etc. L.N. 231 of 1984 L.N. 153 of 1979 (a) Insert name of debtor. (b) Insert present address and description of debtor. (c) Insert address or addresses at which the debtor has lately resided or carried on business. * Where it is the Official Petitioner who is the petitioner, this attestation is not required. L.N. 232 of 1984 L.N. 232 of 1984 L.N. 232 of 1984 L.N. 232 of 1984 L.N. 232 of 1984 L.N. 232 of 1984 L.N. 232 of 1984 L.N. 232 of 1984 L.N. 232 of 1984 L.N. 232 of 1984 31 if 1981 s. 65.

39 of 1987 s. 2. 48 of 1987 s. 8. (Cap. 380) 48 of 1987 s. 8. (Cap. 380.) (Cap. 380.) 48 of 1987 s. 8. (Cap. 380.) (Cap. 4.) 39 of 1987 s. 3. 39 of 1987 s. 4. (39 of 1987) [*3.7.87.] L.N. 152 of 1979 L.N. 231 of 1984 L.N. 231 of 1984 Adjournment from chambers to court and vice versa R9 L.N. 231 of 1984 L.N. 143 of 1985 L.N. 231 of 1984 L.N. 231 of 1984 L.N. 231 of 1984 L.N. 143 of 1985 L.N. 143 of 1985 L.N. 143 of 1985 Resolution passed at adjourned meeting of creditors. L.N. 143 of 1985 L.N. 231 of 1984 L.N. 231 of 1984 L.N. 231 of 1984 L.N. 143 of 1985 No expenses to be incurred where no assets L.N. 143 of 1985 Disposal of books etc. L.N. 231 of 1984 L.N. 153 of 1979 (a) Insert name of debtor. (b) Insert present address and description of debtor. (c) Insert address or addresses at which the debtor has lately resided or carried on business. * Where it is the Official Petitioner who is the petitioner, this attestation is not required. L.N. 232 of 1984 L.N. 232 of 1984 L.N. 232 of 1984 L.N. 232 of 1984 L.N. 232 of 1984 L.N. 232 of 1984 L.N. 232 of 1984 L.N. 232 of 1984 L.N. 232 of 1984 L.N. 232 of 1984 31 if 1981 s. 65.

https://oelawhk.lib.hku.hk/items/show/3635

SUPREME COURT ORDINANCE - minor amendment

CHAPTER 4

SUPREME COURT

1. The Rules of the Supreme Court are amended

(1) in Order 1, rule 2(3) by repealing 'or Order 62 and

substituting 'Order 62 or Order 115'

(2) in Order 11, rule 1 by adding after paragraph (1)(n)--

(o)the claim is made under the Drug Trafficking (Recovery
of Proceeds) Ordinance (Cap. 405). (L.N. 282 of 1989)

(3) in Order 49B

(a) in rule 2 by repealing $150 and substituting '$240';

(b)in rule 3(1), by repealing 'Medical and Health Servicesand
substituting 'Health';

(4) in Order 62

(a)in rule 13(1), by repealing 'The Chief Judicial Clerk of the
Registry' and substituting 'A Chief Judicial Clerk';

(b)in rule 13(2) and (3), by repealing 'the Chief' and substituting
'a Chief';

(c)in rule 21(4), by repealing '$25,000' and substituting
'$50,000';

(d) by adding after rule 21 (S)--

(HK)(6) If a bill of costs is withdrawn less than 7 days
before the appointment for taxation, a fee shall be
payable by the party who withdraws the bill. (L.N. 343 of
1989)

(HK)(7) The fee payable under paragraph (6) shall be
deducted by the Court from the amount deposited under
paragraph (5). (L.N. 343 of 1989)

(5) by repealing Order 74;

(6) in Order 115

(a) by renumbering it as Order 120;

(b)in the heading to rules 1, 2 and 3 by repealing ' 115'and
substituting '120';

(7) by adding after Order 114





ORDER 115

DRUG TRAFFICKING (RECOVERY OF
PROCEEDS)
ORDINANCE (CAP. 405)

Interpretation (O. 115, r. 1)

1. (1) In this Order 'the Ordinance' means the Drug
Trafficking (Recovery of Proceeds) Ordinance (Cap. 405), and
a section referred to by number means the section so
numbered in the Ordinance.

(2) Expressions used in this Order which are used in the
Ordinance have the same meanings in this Order as in the
Ordinance.

Assignment of proceedings (0. 115, r. 2)

2. Subject to rule 12, the jurisdiction of the Court under
the Ordinance shall be exercised by a judge of the Court in
chambers.

Application for restraint order
or charging order (0. 115, r. 3)

3. (1) An application for a restraint order under section 10
or for a charging order under section 11 (to either of which
may be joined an application for the appointment of a receiver)
may be made by the Attorney General ex parte by originating
motion.

(2) An application under paragraph (1) shall be supported
by an affidavit, which shall

(a)state the grounds for believing that the defendant
has benefited from drug trafficking;

(b)state, as the case may be, either that proceedings
have been instituted against the defendant for a
drug trafficking offence (giving particulars of the
offence) and that they have not been concluded or
that, whether by the laying of an information or
otherwise, a person is to be charged with such an
offence;

(c)to the best of the deponent's ability, give full
particulars of the realisable property in respect of
which the order is sought and specify the person or
persons holding such property;

(d)where proceedings have not been instituted, verify
that the Attorney General is to have the conduct of
the proposed proceedings;

(e)where proceedings have not been instituted,
indicate when it is intended that they should be
instituted.





(3) An originating motion under paragraph (1) shall
be entitled in the matter of the defendant, naming him,
and in the matter of the Ordinance, and all subsequent
documents in the matter shall be so entitled.
(4) Unless the Court otherwise directs, an affidavit
under paragraph (2) may contain statements of informa-
tion or belief with the sources and grounds thereof.

Restraint order and charging order
(0. 115, r. 4)
4. (1) A restraint order may be made subject to
conditions and exceptions, including but not limited to
conditions relating to the indemnifying of third parties
against expenses incurred in complying with the order, and
exceptions relating to living expenses and legal expenses of
the defendant, but the Attorney General shall not be
required to give an undertaking to abide by any order as to
damages sustained by the defendant as a result of the
restraint order.
(2) Unless the Court otherwise directs, a restraint
order made ex parte shall have effect until a day which
shall be fixed for the hearing inter partes of the application
and a charging order shall be an order to show cause,
imposing the charge until such day.
(3) Where a restraint order is made the Attorney
General shall serve copies of the order and of the affidavit
in support on the defendant and on all other named
persons restrained by the order and shall notify all other
persons or bodies affected by the order of its terms.
(4) Where a charging order is made the Attorney
General shall, unless the Court otherwise directs, serve
copies of the order and of the affidavit in support on the
defendant and, where the property to which the order
relates is held by another person, on that person and shall
serve a copy of the order on such of the persons or bodies
specified in Order 50, rule 2(1)(b) to (d) as shall be
appropriate.

Discharge or variation of order (O. 115, r. 5)
5. (1) Any person or body on whom a restraint
order or a charging order is served or who is notified of
such an order may apply by summons to discharge or vary
the order.
(2) The summons and any affidavit in support shall
be lodged with the Court and served on the Attorney
General and, where he is not the applicant, on the
defendant, not less than 2 clear days before the date fixed
for the hearing of the summons.





(3) Upon the Court being notified that proceedings
for the offences have been concluded or that the amount
payment of which is secured by a charging order has been
paid into court, any restraint order or charging order, as
the case may be, shall be discharged.

Further application by Attorney General
(O. 115, r. 6)

6. (1) Where a restraint order or a charging order
has been made the Attorney General may apply by
summons or, where the case is one of urgency, ex parte-

(a) to discharge or vary such order; or

(b)for a restraint order or a charging order in
respect of other realisable property; or
(c) for the appointment of a receiver.

(2) An application under paragraph (1) shall be
supported by an affidavit which, where the application is
for a restraint order or a charging order, shall to the best
of the deponent's ability give full particulars of the
realisable property in respect of which the order is sought
and specify the person or persons holding such property.

(3) The summons and affidavit in support shall be
lodged with the Court and served on the defendant and,
where one has been appointed in the matter, on the
receiver, not less than 2 clear days before the date fixed for
the hearing of the summons.

(4) Rule 4(3) and (4) shall apply to the service of
restraint orders and charging orders respectively made
under this rule on persons other than the defendant.

Realisation of property (O. 115, r. 7)

7. (1) An application under section 12 shall, where
there have been proceedings against the defendant in the
High Court, be made by the Attorney General by
summons and shall otherwise be made by originating
motion.

(2) The summons or originating motion, as the case
may be, shall be served with the evidence in support not
less than 7 days before the date fixed for the hearing of the
summons on-
(a) the defendant;

(b) any person holding any interest in the realisable
property to which the application relates; and
(c)the receiver, where one has been appointed in the
matter.





(3) The application shall be supported by an
affidavit, which shall, to the best of the deponent's ability,
give full particulars of the realisable property to which it
relates and specify the person or persons holding such
property, and a copy of the confiscation order, of any
certificate issued by the Court under section 6(2) and of
any charging order made in the matter shall be exhibited
to such affidavit.
(4) The Court may, on an application under section
12, exercise the power conferred by section 13(1) to direct
the making of payments by the receiver.

Receivers (O. 115, r. 8)

8. (1) Subject to this rule, the provisions of Order
30, rules 2 to 8 shall apply where a receiver is appointed in
pursuance of a charging order or under section 10 or 12.
(2) Where the receiver proposed to be appointed has
been appointed receiver in other proceedings under the
Ordinance, it shall not be necessary for an affidavit of
fitness to be sworn or for the receiver to give security,
unless the Court otherwise orders.
(3) Where a receiver has fully paid the amount
payable under the confiscation order and any sums remain
in his hands, he shall apply by summons for directions as
to the distribution of such sums.
(4) A summons under paragraph (3) shall be served
with any evidence in support not less than 7 days before
the date fixed for the hearing of the summons on-
(a) the defendant; and
(b)any other person who held property realised by
the receiver.

Variation of confiscation order (O. 115, r. 9)
9. (1) The defendant may apply by summons for
an order under section 15(1).
(2) A summons under paragraph (1) shall be served,
with any supporting evidence, not less than 7 days before
the date fixed for the hearing of the summons on the
Attorney General and on the receiver, where one has been
appointed in the matter.

Compensation (O. 115, r. 10)
10. An application for an order under section 27
shall be made by summons, which shall be served, with any
supporting evidence, on the person alleged to be in default
and on the Attorney General not less than 7 days before
the date fixed for the hearing of the summons.





Disclosure of information (O. 115, r. 11)

11. (1) An application under section 23 shall be made by
the Attorney General by summons, which shall state the
nature of the order sought and whether material sought to be
disclosed is to be disclosed to a receiver appointed under
section 10 or 12 or in pursuance of a charging order or to an
authorized officer.

(2) The summons and affidavit in support shall be served
on the public body

(a)not less than 7 days before the date fixed for the
hearing of the summons; and

(b)where the public body is a Government Department,
in accordance with Order 77, rule 4.

(3) The affidavit in support of an application under
paragraph (1) shall state the grounds for believing that the
conditions in section 23(4) and, if appropriate, section 23(7)
are fulfilled.

Exercise of powers under section 29

(O. 115, r. 12)

12. The powers conferred on the Court by section 29 may
be exercised by a judge in chambers and a Master.

Application for registration
(O. 115, r. 13)

13. An application for registration of an external
confiscation order under section 29(1) may be ex parte.

Evidence in support of application
under section 29(1) (O. 115, r. 15)

15. An application for registration of an external
confiscation order must be supported by an affidavit

(a)exhibiting the order or a verified or certified or
otherwise duly authenticated copy thereof and,
where the order is not in the English language, a
translation thereof into English certified by a notary
public or authenticated by affidavit; and

(b) stating-

(i) that the order is in force and is not subject to
appeal;

(ii) where the person against whom the order was
made did not appear in the proceedings, that he
received notice thereof in sufficient time to enable
him to defend them;





(iii) in the case of money, either that at the
date of the application the sum payable under the
order has not been paid or the amount which
remains unpaid, as may be appropriate, or, in the
case of other property, the property which has
not been recovered; and

(iv) to the best of the deponent's knowledge,
particulars of what property the person against
whom the order was made holds in Hong Kong,
giving the source of the deponent's knowledge.

Register of orders (O. 115, r. 16)

16. (1) The Registrar shall keep a register of the
orders registered under the Ordinance.
(2) There shall be included in such register partic-
ulars of any variation or setting aside of a registration, of
any variation, satisfaction or discharge of a registered
order, and of any execution issued on such an order.

Notice of registration (O. 115, r. 17)

17. (1) Notice of the registration of an order must
be served on the person against whom it was obtained by
delivering it to him personally or by sending it to him at
his usual or last known address or place of business or in
such other manner as the Court may direct.

(2) Service of such a notice out of the jurisdiction is
permissible without leave, and Order 11, rules 5, 6 and 8
shall apply in relation to such a notice as they apply in
relation to a writ.

(3) The notice shall state the period within which
an application may be made to vary or set aside the
registration and that the order will not be enforced until
after the expiration of that period.

Application to vary or set aside registration
(O. 115, r. 18)

18. An application by the person against whom an
order was made to vary or set aside the registration of an
order must be made to ajudge by summons supported by
affidavit.

Enforcement of order (O. 115, r. 19)

19. (1) An order registered under the Ordinance
shall not be enforced until after the expiration of the
period specified in accordance with rule 17(3) or, if that
period has been extended by the Court, until after the
expiration of the period so extended.





(2) If an application is made under rule 18, an order shall
not be enforced until after such application is determined.

Variation, satisfaction and discharge of
registered order (O. 115, r. 20)

20. Upon the Court being notified by the applicant for
registration that an order which has been registered has been
varied, satisfied or discharged, particulars of the variation,
satisfaction or discharge, as the case may be, shall be entered
in the register.

Rules to have effect subject to Orders
in Council (O. 115, r. 21)

21. Rules 12 to 20 shall have effect subject to the
provisions of any order made under section 28.

Statement relating to drug trafficking (O. 115, r. 22)

(HK)22. (1) Where, in any proceedings in respect of a drug
trafficking offence, the Attorney General or the defendant
proposes to tender to the Court any statement or other
document under section 5 he shall give a copy thereof as soon
as practicable to the defendant or the Attorney General, as the
case may be, and to the appropriate officer of the Court.

(2) Any statement tendered to the Court by the Attorney
General under section 5(1)(a) shall include the following
particulars, namely

(a) the name of the defendant;

(b)the name of the person by whom the statement is
tendered;

(c)if the statement is tendered after the defendant has
been convicted, the date on which and the place
where the relevant conviction occurred;

(d)such information known to the Attorney General as
is relevant to the determination whether the
defendant has benefited from drug trafficking and to
the assessment of the value of his proceeds of drug
trafficking, together with an indication (so far as is
known) of the dates on which any relevant
payments or rewards were received by the
defendant and their values.





Investigation into drug trafficking-discharge and variation of
orders (O. 115, r. 23)

(HK)23. (1) Where an order under section 20 has been made,
the person required to comply with it may apply in writing to
the appropriate officer of the Court for the order to be
discharged or varied, and on hearing such an application the
Court may discharge the order or make such variations to it as
it thinks fit.

(2) Subject to paragraph (3), where a person proposes to
make an application under paragraph (1) for the discharge or
variation of an order, he shall give a copy of the application,
not later than 48 hours before the making of the application, to
the authorized officer by whom the application for an order
was made, or if such officer is not known or cannot be found,
to another authorized officer, together with a notice indicating
the time and place at which the application for discharge or
variation is to be made.

(3) The Court may direct that paragraph (2) need not be
complied with if it is satisfied that the person making the
application has good reason to seek a discharge or variation
of the order as soon as possible and it is not practicable to
comply with that paragraph.

(L.N. 282 of 1989)

(8) in Appendix C by repealing Forms No. 6 and 7.

2. The Supreme Court Suitors' Funds Rules are amended-

(1) in rule 3 by adding after paragraph (4)--

(4A) Where money is lodged by a party to arbitration
proceedings who makes payment into the Supreme Court in
accordance with rules of court the receipt shall contain a
statement of the circumstances as set out in the notice of
payment which accompanied the payment in.

(2) in rule 8(1), by repealing 'the Registrar and Accountant or
such other officer or officers' and substituting '2 persons'.

3. The Supreme Court Fees (In Prize) Order is amended in the Schedule
in item 27, by repealing 'three miles' and substituting '5 kilometres'.

4. The Supreme Court Fees Rules are amended in the First Schedule by
adding after item 19





19a. Processing of a bill of costs which 10% of the is
withdrawn less than 7 days taxing fee which before the
appointment for would be

taxation ............ payable if the
..................... bill was to be
..................... allowed in full or
..................... $1,000
..................... whichever is the
..................... less
..................... (L.N. 345 of
..................... 1989)
L.N. 282 of 1989 L.N. 74 of 1989 L.N. 76 of 1989 L.N. 343 of 1989 L.N. 343 of 1989 L.N. 343 of 1989 L.N. 343 of 1989 L.N. 282 of 1989 L.N. 282 of 1989 L.N. 343 of 1989 L.N. 351 of 1982 L.N. 343 of 1989 L.N. 397 of 1984

L.N. 282 of 1989 L.N. 74 of 1989 L.N. 76 of 1989 L.N. 343 of 1989 L.N. 343 of 1989 L.N. 343 of 1989 L.N. 343 of 1989 L.N. 282 of 1989 L.N. 282 of 1989 L.N. 343 of 1989 L.N. 351 of 1982 L.N. 343 of 1989 L.N. 397 of 1984

https://oelawhk.lib.hku.hk/items/show/3634

PUBLIC FINANCE ORDINANCE - minor amendment

CHAPTER 2

PUBLIC FINANCE

1. The Public Finance Ordinance is amended-

(1) in section 3 by repealing subsection (2) and substituting-

(2) Any refund or drawback may be made from the
general revenue in accordance with regulations made under
sectionll. (Replaced8of 1984s. 2)

(2)in section 14(4) by repealing 'under his hand' and substituting

signed by him or by a public officer authorized generally or
specially by him,

(3) in section 29-

(a) in subsection (1) by adding after 'purpose'-

, and such other moneys received for the purposes of the
Government as may be specified in the resolution,

(b) by adding after subsection (1)-

(IA) Moneys specified in a resolution passed under
subsection (1) in respect of any fund shall, if such
moneys have not been appropriated for the purpose of
the fund when the resolution is passed, be deemed to be
appropriated thereby for that purpose; and this
subsection shall apply in relation to any such resolution
whether passed before or after the commencement* of
the Public Finance (Amendment) Ordinance 1985. (Added
16 of 1985 s. 2)

(4) by adding after section 42-

43. For the removal of doubt, it is declared that acts of the
Finance Committee under this or any other Ordinance,
including any delegation under section 8(3) of this Ordinance,
shall not be affected by a dissolution of the Legislative
Council.

(Added 48 of 1988 s. 2)

(5) in the First Schedule by repealing 'Home Ownership Fund';

(6)by repealing 'Colonial Treasurer Incorporated' wherever occurring
and substituting 'Financial Secretary Incorporated'.





2. The resolution made and passed by the Legislative Council
with respect to the Capital Works Reserve Fund under section 29(1)
of the Public Finance Ordinance on 15 May 1985 and published as
Legal Notice No. 131 of 1985 is amended by repealing paragraph
(j) and substituting-

(j)the Financial Secretary may expend moneys from the
works account for-
(i) the purposes of the Government's public works
programme;
(ii) the purchase and installation of equipment
consequential on implementing the public works
programme;
(iii) the development, purchase and installation of
major equipment systems used by the Government;
(iv) capital subventions; and
(v) the acquisition of land,

in accordance with such conditions, exceptions and
limitations as may be specified by the Finance Committee;
(L.N. 4 of 1988)
8 of 1984 s. 3. 16 of 1985 s. 2. (16 of 1985) [*3.5.85.] Effect of dissolution of Legislative Council. 16 of 1988 s. 12. L.N. 79/ of 1986.

8 of 1984 s. 3. 16 of 1985 s. 2. (16 of 1985) [*3.5.85.] Effect of dissolution of Legislative Council. 16 of 1988 s. 12. L.N. 79/ of 1986.

https://oelawhk.lib.hku.hk/items/show/3633

REVISED EDITION OF THE LAWS ORDINANCE 1965 - minor amendment

REVISED EDITION OF THE LAWS ORDINANCE 1965

The Revised Edition of the Laws Ordinance 1965 is amended

(1)in section 7(3) by repealing 'in the margin' and substituting 'as
a note';

(2) in section 13(3) by repealing paragraph (b) and substituting---

(b) a new revised edition-

(i) of all subsidiary legislation made under or by virtue
of any Ordinance, or

(ii) of any single piece of that subsidiary legislation,
whether or not any such legislation has been amended
during the period of 12 months ending on the preceding
thirty-first day of December. (Replaced 25 of 1974 s.
2)

(3) in section 15-

(a)in subsection (1) by repealing 'Commissioner' and
substituting 'commissioner';

(b) by repealing subsection (3) and substituting---

(3) Where a new revised edition of subsidiary
legislation made under or by virtue of an Ordinance is
published in a separate booklet under section 13(3)(b)
or under section 14(2)(c), such booklet shall be part of the
Chapter of the Ordinance under or by virtue of which that
subsidiary legislation is made. (Replaced 25 of 1974
s. 3)


(4)in section 18(2) by repealing 'next sitting of the Legislative Council
held' and substituting 'first sitting of the Legislative Council held
not less than 27 days'.

https://oelawhk.lib.hku.hk/items/show/3632

APPENDIX IV - A SELECTION OF CONSTITUTIONAL DOCUMENTS, CONVENTIONS AND TREATIES

LAWS OF HONG KONG

A SELECTION OF CONSTITUTIONAL DOCUMENTS,

CONVENTIONS AND TREATIES

APPENDIX IV





APPENDIX IV.

A SELECTION OF CONSTITUTIONAL DOCUMENTS,
CONVENTIONS AND TREATIES.

.B. IT MUST BE EMPHASIZED THAT THE LIST HEREUNDER AND THE CONTENTS OF THIS
APPENDIX ARE PURELY FOR REFERENCE PURPOSES AND HAVE NO LEGISLATIVE EFFECT.

1. 2.

Date. Title or Subject Matter.

1. 1st February, 1841. Proclamation to Chinese Inhabitants.
2. 2nd February, 1841. Captain Elliot's Proclamation.
3. 29th August, 1842. Treaty of Peace, Friendship, Commerce, Indemnity, etc.,
between Great Britain and China. Signed at Nanking,
29th August, 1842. (Cession of Hong Kong 1842).
4. 5th April, 1843. First Charter-Letters Patent 1843.
5. 26th June, 1858. Treaty of Peace, Friendship and Commerce, between
Great Britain and China. Signed at Tientsin 26th
June, 1858.
6. 20th March, 1860. Lease of Kowloon 1860.
7. 24th October, 1860. Convention of Peace and Friendship between Great
Britain and China. Signed at Peking, 24th October,
1860. (Cession of Kowloon 1860).
8. 4th February, 1861. Order in Council providing for the Administration of
the Territories adjacent to Hong Kong acquired by
Her Majesty under the Anglo-Chinese Convention of
24th October, 1860.
9. 9th June, 1898. Convention between Great Britain and China respecting
an Extension of Hong Kong Territory. Signed at
Peking, 9th June, 1898. (Lease of New Territories
1898).
10. 20th October, 1898. Order in Council providing for the Administration of
the territories adjacent to Hong Kong, acquired by
Her Majesty under the Anglo-Chinese Convention of
June 9, 1898.
11. 19th March, 1899. Delimitation of Northern Frontier of New Territories.
12. 27th December, 1899. Order in Council declaring the City of Kowloon part of
the Colony of Hong Kong.

13. 20th December, 1951.Treaty of Friendship, Commerce and Navigation with
(Cmd. 8462 of 1952) the Sultan of Muscat and Oman.

extended to Hong Kong
w.e.f. 4th September,
1953.





PROCLAMATION.

TO THE CHINESE INHABITANTS OF HONG KONG.

[Reprinted from Norton Kyshe's 'The History of the Laws and
Courts of Hong Kong', Vol. I, p. 5.]

Bremer. Commander-in-Chief, and Elliot, Plenipotentiary, etc., etc.,
by this proclamation make known to the inhabitants of the island of
Hong Kong. that that island has now become part of the dominions of
the Queen of England by clear public agreement between the High
Officers of the Celestial and British Courts; and all native persons
residing therein must understand that they are now subjects of the
Queen of England, and to whom and to whose officers they must pay
duty and obedience.

The inhabitants are hereby promised protection, in Her Majesty's
gracious name, against all enemies whatever; and they are further
secured in the free exercise of their religious rites, ceremonies, and social
customs, and in the enjoyment of their lawful private property and
interests. They will be governed, pending Her Majesty's further
pleasure. according to the laws, customs, and usages of the Chinese
(every description of torture excepted) by the elders of villages, subject
to the control of a British magistrate; and any person, having complaint
to prefer of ill-usage or injustice against any Englishman or foreigner,
will quietly make report to the nearest officer, to the end that full justice
may be done. Chinese ships and merchants, resorting to the port of
Hong Kong for purposes of trade, are hereby exempted, in the name of
the Queen of England, from charge or duty of any kind to the British
government. The pleasure of the government will be declared from time
to time by further proclamation: and all heads of villages are held
responsible that the commands are duly respected and observed.

Given under seal of office, this 1st day of February, 1841.





PROCLAMATION.

[Reprinted from Norton Kyshe's 'The History of the Laws and
Courts of Hong Kong', Vol. I, p. 4.1

By Charles Elliot. Esquire, a captain in the Royal Navy, Chief
Superintendent of the Trade of British subjects in China, and holding
full powers, under the Great Seal of the United Kingdom of Great Britain
and Ireland, to execute the office of Her Majesty's Commissioner,
Procurator. and Plenipotentiary in China.

The island of Hong Kong having been ceded to the British Crown
under the seal of the Imperial Minister and High Commissioner Keshen.
it has become necessary to provide for the Government thereof,
pending Her Majesty's further pleasure.

By virtue of the authority, therefore, in me vested, all Her Majesty's
rights, royalties, and privileges of all kinds whatever, in and over the
said island of Hong Kong whether to or over lands, harbours, property,
or personal service. are hereby declared proclaimed, and to Her Majesty
fully reserved.

And 1 do hereby declare and proclaim, that, pending Her Majesty's
further pleasure, the government of the said island shall devolve upon,
and be exercised by, the person filling the office of Chief Superintendent
of the Trade of British subjects in China for the time being.

And I do hereby declare and proclaim, that, pending Her Majesty's
further pleasure. the natives of the island of Hong Kong, and all natives
of China thereto resorting, shall be governed according to the laws and
customs of China, every description of torture excepted.

And I do further declare and proclaim. that, pending Her Majesty's
further pleasure. all offences committed in Hong Kong by Her Majesty's
subjects, or other persons than natives of the island or of China thereto
resorting, shall fall under the cognizance of the Criminal and Admiralty
Jurisdiction presently existing in China.

And I do further declare and proclaim, that, pending Her Majesty's
further pleasure, such rules and regulations as may be necessary from
time to time for the government of Hong Kong shall be issued under the
hand and seal of the person filling the office of Chief Superintendent of
the Trade of British subjects in China for the time being.

And I do further declare and proclaim, that, pending Her Majesty's
further pleasure, all British subjects and foreigners residing in, or
resorting to, the island of Hong Kong, shall enjoy full security and
protection, according to the principles and practice





of British law, so long as they shall continue to conform to the authority
of Her Majesty's government in and over the island of Hong Kong,
hereby duly constituted and proclaimed.

Given under my hand and seal of office, on board of Her Majesty's
ship Wellesley, at anchor in Hong Kong Bay. this second day of
February. in the year of Our Lord one thousand eight hundred and forty-
one.

(Signed) CHARLES ELLIOT.

GOD SAVE THE QUEEN.





CESSION OF HONG KONG.

[Reprinted from Vol. III of the Alabaster Edition of the Laws
of Hong Kong.]

TREATY OF PEACE, FRIENDSHIP, COMMERCE, INDEMNITY, &C.,
BETWEEN GREAT BRITAIN AND CHINA, SIGNED AT
NANKING, 29TH AUGUST 1842.

[Ratifications exchanged at Hong Kong, 26th June, 1843.]

Her Majesty the Queen of the United Kingdom of Great Britain and
Ireland, and His Majesty the Emperor of China, being desirous of
putting an end to the misunderstandings and consequent hostilities
which have arisen between the two countries, have resolved to
conclude a Treaty for that purpose, and have therefore named as their
Plenipotentiaries. that is to say:

Her Majesty the Queen of Great Britain and Ireland, Sir Henry
Pottinger, Bart., a Major-General in the service of the East India
Company, &c.;

And I-lis Imperial Majesty the Emperor of China, the High
Commissioners Keying, a Member of the Imperial House, a guardian of
the Crown Prince and General of the Garrison of Canton: and Elepoo, of
the Imperial Kindred, graciously permitted to wear the insignia of the
first rank. and the distinction of a peacock's feather, lately Minister and
Governor-General, &c., and now Lieutenant-General Commanding at
Chapoo.

Who, after having communicated to each other their respective full
powers, and found them to be in good and due form, have agreed upon
and concluded the following Articles:

III. It being obviously necessary and desirable that British subjects
should have some port at which they may careen and refit their ships,
when required. and keep stores for that purpose, His Majesty the
Emperor of China cedes to Her Majesty the Queen of Great Britain, &c.,
the Island of Hong Kong, to be possessed in perpetuity by Her
Britannic Majesty, Her Heirs and Successors, and to be governed by
such laws and regulations as Her Majesty the Queen of Great Britain,
&c., shall see fit to direct.

Done at Nanking, and signed and scaled by the Plenipotentiaries
on board Her Britannic Majesty's ship 'Cornwallis', this 29th day of
August, 1842; corresponding with the Chinese date, 24th day of the 7th
month, in the 22nd year of Taoukwang.

[This Treaty was renewed and confirmed by Article I of
the Treaty of Tientsin, 1858.]





FIRST CHARTER.

[Reprinted from Vol. 111 of the Alabaster Edition of the Laws
of Hong Kong.]

CHARTER FOR ERECTING THE ISLAND OF HoNG KoNG INTO A
SEPARATE COLONY, AND FOR PROVIDING FOR THE
GOVERNMENT THEREOF.

LETTERS PATENT, 5TH APRIL, 1843.

[Revoked by Letters Patent, 19th January, 1888.1

I-VICTORIA, by the Grace of God of the United Kingdom of Great
Britain and Ireland. Queen, Defender of the Faith. To an to whom these
Presents shall come, Greeting. Know ye that We, of Our especial Grace,
certain knowledge, and mere motion, have thought fit to erect, and Do
hereby erect, Our Island of Hong Kong and its Dependencies. situate
between 22' 9' and 22* 21' North Latitude. and 1140 6' and 1140 18' East
Longitude from the Meridian of Greenwich, into a separate Colony, and
the said Island and its Dependencies is hereby erected into a separate
Colony accordingly, to be known and designated as the Colony of Hong
Kong.





TREATY OF TIENTSIN, 1858.

[Reprinted from Vol. III of the Alabaster Edition of the Laws
of Hong Kong.]

TREATY OF PEACE, FRIENDSHIP AND COMMERCE, BETWEEN
GREAT
BRITAIN AND CHINA. SIGNED AT TIENTSIN,-26TH JUNE 1858.

[Ratifications exchanged at Peking, 24th October, 1860.]

Her Majesty the Queen of the United Kingdom of Great Britain and
Ireland and His Majesty the Emperor of China. being desirous to put an
end to the existing misunderstanding between the two countries and to
place their relations on a more satisfactory footing in future, have
resolved to proceed to a revision and improvement of the Treaties
existing between them; and for that purpose, have named as their
Plenipotentiaries, that is to say:

Her Majesty the Queen of Great Britain and Ireland, the Right
Honourable the Earl of Elgin and Kincardine, a Peer of the United
Kingdom, and Knight of the Most Ancient and Most Noble Order of
the Thistle:

And His Majesty the Emperor of China, the High Commissioner
Kweiliang, a Senior Chief Secretary of State, styled of the East Cabinet,
Captain-GeneraL of the Plain White Banner of the Manchu Banner
Force, Superintendent-General of the Administration of Criminal Law,
and Hwashana. one of His Imperial Majesty's Expositors of the Classics,
Manchu President of the Office for the Regulation of the Civil
Establishment. CaptainGeneral of the Bordered Blue Banner of the
Chinese Banner Force, and Visitor of the Office of Interpretation:

Who, after having communicated to each other their respective full
powers and found them to be in good and due form, have agreed upon
and concluded the following Articles:

I. The Treaty of Peace and Amity between the two nations signed
at Nanking on the 29th day of August, in the year 1842, is hereby
renewed and confirmed.

The Supplementary Treaty and General Regulations of Trade
having been amended and improved, and the substance of their
provisions having been incorporated in this Treaty. the said
Supplementary Treaty and General Regulations of Trade are hereby
abrogated.

II. For the better preservation of harmony in future, Her Majesty
the Queen of Great Britain and His Majesty the Emperor of China
mutually agree that, in accordance with the universal practice of great
and friendly nations, Her Majesty the Queen may, if she see fit, appoint
Ambassadors, Ministers, or other Diplomatic





Agents to the Court of Peking; and His Majesty the Emperor of China
may, in like manner, if he see fit, appoint Ambassadors, Ministers, or
other Diplomatic Agents to the Court of St. James.

III. His Majesty the Emperor of China hereby agrees that the
Ambassador, Minister, or other Diplomatic Agent, so appointed by Her
Majesty the Queen of Great Britain, may reside, with his family and
establishment, permanently at the capital, or may visit it occasionally at
the option of the British Government. He shall not be called upon to
perform any ceremony derogatory to him as representing the Sovereign
of an independent nation on a footing of equality with that of China. On
the other hand, he shall use the same forms of ceremony and respect to
His Majesty the Emperor as are employed by the Ambassadors,
Ministers, or Diplomatic Agents of Her Majesty towards the Sovereigns
of independent and equal European nations.

It is further agreed, that Her Majesty's Government may acquire at
Peking a site for building, or may hire houses for the accommodation of
Her Majesty's Mission, and the Chinese Government will assist it in so
doing.

Her Majesty's Representative shall be at liberty to choose his own
servants and attendants, who shall not be subject to any kind of
molestation whatever.

Any person guilty of disrespect or violence to Her Majesty's
Representative, or to any member of his family or establishment, in deed
or word, shall be severely punished.

IV. It is further agreed that no obstacle or difliculty shall be made to
the free movements of Her Majesty's Representative, and that he, and
persons of his suite, may come and go, and travel at their pleasure. He
shall, moreover. have full liberty to send and receive his correspondence
to and from any point on the sea-coast that he may select; and his letters
and effects shall be held sacred and inviolable. He may employ, for their
transmission, special couriers, who shall meet with the same protection
and facilities for travelling as the persons employed in carrying
despatches for the Imperial Government; and, generally, he shall enjoy
the same privileges as are accorded to officers of the same rank by the
usage and consent of Western nations.

All expenses attending the Diplomatic Mission of Great Britain
shall be borne by the British Government.

V. His Majesty the Emperor of China agrees to nominate one of the
Secretaries of State, or a President of one of the Boards, as the high
officer with whom the Ambassador, Minister, or other Diplomatic Agent
of Her Majesty the Queen shall trans





act business, either personally or in writing, on a footing of perfect
equality.

VI. Her Majesty the Queen of Great Britain agrees that the
privileges hereby secured shall be enjoyed in her dominions by the
Ambassadors, Ministers, or Diplomatic Agents of the Emperor of China,
accredited to the Court of Her Majesty.

VII. Her Majesty the Queen may appoint one or more Consuls in
the dominions of the Emperor of China; and such Consul or Consuls
shall be at liberty to reside in any of the open ports or cities of China as
Her Majesty the Queen may consider most expedient for the interests of
British commerce. They shall be treated with due respect by the Chinese
authorities. and enjoy the same privileges and immunities as the
Consular Officers of the most favoured nation.

Consuls and Vice-Consuls in charge shall rank with Intendants of
Circuits; Vice-Consuls, Acting Vice-Consuls, and Interpreters, with
Prefects. They shall have access to the official residences of these
officers, and communicate with them, either personally or in writing, on
a footing of equality, as the interests of the public service may require.

VIII. The Christian religion, as professed by Protestants or Roman
Catholics, inculcates the practice of virtue, and teaches man to do as he
would be done by. Persons teaching or professing it, therefore, shall all
alike be entitled to the protection of the Chinese authorities, nor shall
any such. peaceably pursuing their calling and not offending against
the laws, be persecuted or interfered with.

IX. British subjects are hereby authorized to travel, for their
pleasure or for purposes of trade, to all parts of the interior, under
passports which will be issued by their Consuls. and countersigned by
the local authorities. These passports, if demanded, must be produced
for examination in the localities passed through. If the passport be not
irregular, the bearer will be allowed to proceed, and no opposition shall
be offered to his hiring persons, or hiring vessels for the carriage of his
baggage or merchandise. If he be without a passport, or if he commit any
offence against the law, he shall be handled over to the nearest Consul
for punishment, but he must not be subjected to any illusage in excess
of necessary restraint. No passport need be applied for by persons
going on excursions from the ports open to trade to a distance not
exceeding 100 li, and for a period not exceeding five days.

The provisions of this Article do not apply to crews of ships, for
the due restraint of whom regulations will be drawn up by the Consul
and the local authorities.





To Nanking, and other cities disturbed by persons in arms against
the Government, no pass shall be given, until they shall have been
recaptured.

X. British merchant ships shall have authority to trade upon the
Great River (Yangtsze). The Upper and Lower Valley of the river being,
however, disturbed by outlaws, no part shall be for the present open to
trade, with the exception of Chinkiang, which shall be opened in a year
from the date of the signing of this Treaty.

So soon as peace shall have been restored, British vessels shall
also be admitted to trade at such ports as far as Hankow, not exceeding
three in number, as the British Minister, after consultation with the
Chinese Secretary of State, may determine shall be ports of entry and
discharge.

XI. In addition to the cities and towns of Canton, Amoy, Foochow,
Ningpo, and Shanghai, opened by the Treaty of Nanking, it is agreed
that British subjects may frequent the cities and ports of Newchwang.
Tangchow (Chefoo), [Taiwan (Formosa)], Chao-chow (Swatow). and
Kiung-chow (Hainan).

They are permitted to carry on trade with whomsoever they please,
and to proceed to and fro at pleasure with their vessels and
merchandise.

They shall enjoy the same privileges, advantages, and immunities
at the said towns and ports as they enjoy at the ports already opened to
trade, including the right of residence, buying or renting houses, of
leasing land therein, and of building churches, hospitals. and cemeteries.

XII. British subjects, whether at the ports or at other places,
desiring to build or open houses, warehouses. churches, hospitals, or
burial grounds, shall make their agreement for the land or buildings they
require. at the rates prevailing among the people, equitably and without
exaction on either side.

XIII. The Chinese Government will place no restrictions whatever
upon the employment, by British subjects, of Chinese subjects in any
lawful capacity.

XIV. British subjects may hire whatever boats they please for the
transport of goods or passengers, and the sum to be paid for such boats
shall be settled between the parties themselves, without the interference
of the Chinese Government. The num ber of these boats shall not be
limited', nor shall a monopoly in respect either of the boats, or of the
porters or coolies engaged in carrying the goods, be granted to any
parties. If.any smuggling takes place in them the offenders will, of
course. be punished according to law.





XV. All questions in regard to rights. whether of property or
person arising between British subjects, shall be subject to the
jurisdiction of the British authorities.

XVI. Chinese subjects who may be guilty of any criminal act
towards British subjects shall be arrested and punished by the Chinese
authorities according to the laws of China.

British subjects who may commit any crime in China shall be tried
and punished by the Consul, or other public functionary authorized
thereto, according to the laws of Great Britain.

Justice shall be equitably and impartially administered on both
sides.

XVII. A British subject, having reason to complain of a Chinese
must proceed to the Consulate and state his grievance. The Consul will
inquire into the merits of the case, and do his utmost to arrange it
amicably. In like manner. if a Chinese has reason to complain of a British
subject, the Consul shall no less listen to his complaint, and endeavour
to settle it in a friendly manner. If disputes take place of such a nature
that the Consul cannot arrange them amicably, then he shall request the
assistance of the Chinese authorities, that they may together examine
into the merits of the case, and decide it equitably.

XVIII. The Chinese authorities shall at all times afford the fullest
protection to the persons and property of British subjects, whenever
these shall have been subjected to insult or violence. In all cases of
incendiarism. or robbery, the local authorities shall at once take the
necessary steps for the recovery of. the stolen property, the
suppression of disorder. and the arrest of the guilty parties whom they
will punish according to law.

XIX. If any British merchant vessel, while within Chinese, waters be
plundered by robbers or pirates, it shall be the duty of the Chinese
authorities to use every endeavour to capture and punish the said
robbers or pirates, and to recover the stolen property, that it may be
handed over to the Consul for restoration to the owner.

XX. If any British vessel be at any time wrecked or stranded on the
coast of China, or be compelled to take refuge in any port within the
dominions of the Emperor of China, the Chinese authorities, on being
apprised of the fact, shall immediately adopt measures for its relief and
security; the persons on board shall receive friendly treatment, and shall
be furnished, if necessary, with the means of conveyance to the nearest
Consular station.





XXI. If criminals, subjects of China, shall take refuge in Hong Kong
or on board the British ships there, they shall, upon due requisition by
the Chinese authorities, be searched for, and. on proof of their guilt, be
delivered up.

In like manner, if Chinese offenders take refuge in the houses or on
board the vessels of British subjects at the open ports, they shall not be
harboured or concealed, but shall be delivered up, on due requisition by
the Chinese authorities, addressed to the British Consul.

XXII. Should any Chinese subject fail to discharge debts incurred
to a British subject, or should he fraudulently abscond, the Chinese
authorities will do their utmost to effect his arrest and enforce recovery
of the debts. The British authorities will likewise do their utmost to bring
to justice any British subject fraudulently absconding or failing to
discharge debts incurred by him to a Chinese subject.

XXIII. Should natives of China who may repair to Hong Kong to
trade incur debts there, the recovery of such debts must be arranged for
by the English Court of Justice on the spot; but should the Chinese
debtor abscond, and be known to have prop- erty, real or personal.
within the Chinese territory. it shall be the duty of the Chinese
authorities, on application by, and in concert with, the British Consul, to
do their utmost to see justice done between the parties.

XXIV It is agreed that British subjects shall pay, on all merchandise
imported or exported by them, the duties prescribed by the Tariff, but in
no case shall they be called upon to pay other or higher duties than are
required of the subjects of any other foreign nation.

XXV. Import duties shall be considered payable on the landing of
the goods, and duties of export on the shipment of the same.

XXVI. Whereas the Tariff fixed by Article X of the Treaty of
Nanking, and which was estimated so as to impose on imports and
exports a duty of about the rate of 5 per cent. ad valorem, has been
found. by reason of the fall in value of various articles of merchandise.
therein enumerated, to impose a duty upon these considerably in excess
of the rate originally assumed as above to be a fair rate. it is agreed that
the said Tariff shall be revised, and that as soon as the Treaty shall have
been signed. application shall be made to the Emperor of China to depute
a high officer of the Board of Revenue to meet, at Shanghai. officers to
be deputed on behalf of the British Government. to consider its revision
together, so that the Tariff, as revised, may come into operation
immediately after the ratification of this Treaty.





XXVII. It is agreed that either of the High Contracting Parties to
this Treaty may demand a further revision of the Tariff. and of the
Commercial Articles of this Treaty. at the end of 10 years, but if no
demand be made on either side within 6 months after the end of the first
10 years, then the Tariff shall remain in force for 10 years more, reckoned
from the end of the preceding 10 years. and so it shall be at the end of
each successive period of 10 years.

XXVIII. Whereas it was agreed in Article X of the Treaty of Nanking
that British imports, having paid the Tariff duties, should be conveyed
into the interior, free of all further charges, except a transit duty, the
amount whereof was not to exceed a certain percentage on tariff value;
and whereas, no accurate information having been furnished of the
amount of such duty, British merchants have constantly complained
that charges are suddenly and arbitrarily imposed by the provincial
authorities as transit duties upon produce on its way to the foreign
market, and on imports on their way into the interior, to the detriment of
the trade; it is agreed that within 4 months from the signing of this
Treaty, at all ports now open to British trade, and within a similar period
at all ports that may hereafter be opened, the authority appointed to
superintend the collection of duties shall be obliged, upon application
of the Consul, to declare the amount of duties leviable on produce
between the place of production and the port of shipment, and upon
imports between the Consular port in question and the inland markets
named by the Consul; [and that a notification thereof shall be published
in English and Chinese for general information.]

But it shall be at the option of any British subject. desiring to
convey produce purchased inland to a port, or to convey imports from a
port to an inland market, to clear his goods of all transit duties, by
payment of a single charge. The amount of this charge shall be leviable
on exports at the first barrier they may have to pass, or, on imports, at
the port at which they are landed. and on payment thereof a certificate
shall be issued, which shall exempt the goods from all further inland
charges whatsoever.

It is further agreed that the amount of this charge shall be
calculated, as nearly as possible, at the rate of two and a half per cent.
ad valorem, and that it shall be fixed for each article at the conference to
be held at Shanghai for the revision of the Tariff.

It is distinctly understood, that the payment of transit dues, by
communication or otherwise, shall in no way affect the tariff duties on
imports or exports, which will continue to be levied separately and in
full.

XXIX. British merchant vessels, of more than 150 tons burden,
shall be charged tonnage dues at the rate of 4 mace





per ton; if of 150 tons and under, they shall be charged at the rate of 1
mace per ton.

Any vessel clearing from any of the open ports of China for any
other of the open ports, or for Hong Kong, shall be entitled, on
application of the master, to a special certificate from the Customs, on
exhibition of which she shall be exempted from all further payment of
tonnage dues in any open ports of China, for a period of 4 months, to be
reckoned from the date of her port clearance.

XXX. The master of any British merchant vessel may. within 48
hours after the arrival of his vessel, but not later, decide to depart
without breaking bulk, in which case he will not be subject to pay
tonnage dues. But tonnage dues shall be held due after expiration of the
said 48 hours. No other fees or charges upon entry or departure shall be
levied.

XXXI. No tonnage dues shall be payable on boats employed by
British subjects in the conveyance of passengers. baggage, letters,
articles of provision, or other articles not subject to duty, between any of
the open ports. All cargo-boats, however, conveying merchandise
subject to duty shall pay tonnage dues once in 6 months, at the rate of 4
mace per register ton.

XXXII. The Consuls and Superintendents of Customs shall consult
together regarding the erection of beacons or lighthouses and the
distribution of buoys and lightships, as occasion may demand.

XXXIII. Duties shall be paid to the bankers. authorized by the
Chinese Government to receive the same in its behalf, either in sycee or
in foreign money, according to the assay made at Canton on the 13th of
July, 1843.

XXXIV. Sets of standard weights and measures, prepared
according to the standard issued to the Canton Custom-House by the
Board of Revenue, shall be delivered by the Superintendent of Customs
to the Consul at each port, to secure uniformity and prevent confusion.

XXXV. Any British merchant vessel arriving at one of the open
ports shall be at liberty to engage the services of a Pilot to take her into
port. In like manner, after she has discharged all legal dues and duties.
and is ready to take her departure, she shall be allowed to select a Pilot
to conduct her out of port

XXXVI. Whenever a British merchant vessel shall arrive off one of
the open ports. the Superintendent of Customs shall depute one or more
Customs officers to guard the ship. They shall either live in a boat of
their own, or stay on board the ship,





as may best suit their convenience. Their food and expenses shall be
supplied them from the Customs-House, and they shall not be entitled
to any fees whatever from the master or consignee. Should they violate
this regulation, they shall be punished proportionately to the amount
exacted.

XXXVII. Within 24 hours after arrival, the ship's papers, bills of
lading, etc., shall be lodged in the hands of the Consul, who will, within
a further period of 24 hours report to the Superintendent of Customs the
name of the ship, her register tonnage, and the nature of her cargo. If,
owing to neglect on the part of the master, the above rule is not
complied with within 48 hours after the ship's arrival, he shall be liable to
a fine of 50 taels for every day's delay; the total amount of penalty,
however, shall not exceed 200 taels.

The master will be responsible for the correctness of the manifest,
which shall contain a full and true account of the particulars of the
cargo on board. For presenting a false manifest, he will subject himself
to a fine of 500 taels., but he will be allowed to correct. within 24 hours
after delivery of it to the Customs Officers, any mistake he may discover
in his manifest without incurring this penalty.

XXXVIII. After receiving from the Consul the report in due form,
the Superintendent of Customs shall grant the vessel a permit to open
hatches. If the master shall open hatches, and begin to discharge any
goods without such permission, he shall be fined 500 taels, and the
goods discharged shall be confiscated wholly.

XXXIX Any British merchant who has cargo to land or ship,
must apply to the Superintendent of Customs for a special permit. Cargo
landed or shipped without such permit will be liable to confiscation.

XL. No transshipment from one vessel to another can be made
without special permission, under pain of confiscation of the goods so
transshipped.

XLI. When all dues and duties shall have been paid, the
Superintendent of Customs shall give a port-clearance, and the Consul
shall then return the ship's papers, so that she may depart on her
voyage.

XLII. With respect to articles subject, according to the Tariff, to an
ad valorem duty, if the British merchants cannot agree with the Chinese
in affixing its value, then each party shall call two or three merchants to
look at the goods, and the highest price at which any of these
merchants would be willing to purchase them, shall be assumed as the
value of the goods.





XLIII. Duties shall be charged upon the net weight of each article,
making a deduction for the tare, weight of congee, &c. To fix the tare of
any article, such as tea, if the British merchant cannot agree with the
Custom-House officer, then each party shall choose so many chests out
of every hundred, which being first weighed in gross, shall afterwards be
tared, and the average tare upon these chests shall be assumed as the
tare upon the whole; and upon this principle shall the tare be fixed upon
other goods and packages. If there should be any other points in dispute
which cannot be settled, the British merchant may appeal to his Consul,
who will communicate the particulars of the case to the Superintendent
of Customs, that it may be equitably arranged. But the appeal must be
made within 24 hours or it will not be attended to. While such points are
still unsettled, the Superintendent of Customs shall postpone the
insertion of the same in his books.

XLIV. Upon all damaged goods a fair reduction of duty shall be
allowed, proportionate to their deterioration. If any disputes arise, they
shall be settled in the manner pointed out in the clause of this Treaty
having reference to articles which pay duty ad valorem.

XLV. British merchants who may have imported merchandize into
any of the open ports, and paid the duty thereon. if they desire to re-
export the same, shall be entitled to make application to the
Superintendent of Customs. who, in order to prevent fraud on the
revenue, shall cause examination to be made by suitable officers, to see
that the duties paid on such goods, as entered in the Custom-House
books, correspond with the representation made, and that the goods
remain with their original marks unchanged. He shall then make a
memorandum of the port-clearance of the goods. and of the amount of
duties paid, and deliver the same to the merchant, and shall also certify
the facts to the Officers of Customs of other ports. All which being done.
on the arrival in port of the vessel in which the goods are laden.
everything being found on examination there to correspond, she shall be
permitted to break bulk, and land the said goods, without being subject
to the payment of any additional duty thereon. But if, on such
examination, the Superintendent of Customs shall detect any fraud on
the revenue in the case, then the goods shall be subject to confiscation
by the Chinese Government.

British merchants desiring to re-export duty-paid imports to a
foreign country shall be entitled, on complying with the same conditions
as in the case of re-exportation to another port in China, to a drawback
certificate, which shall be a valid tender to the Customs in payment of
import or export duties.

Foreign grain brought into any port of China in a British ship. if no
part thereof has been landed, may be re-exported without hindrance.





XLVI. The Chinese authorities at each port shall adopt the means
they may judge most proper to prevent the revenue suffering from fraud
or smuggling.

XLVII. British merchant vessels are not entitled to resort to other
than the ports of trade declared open by this Treaty. They are not
unlawfully to enter other ports in China, or to carry on clandestine trade
along the coasts thereof Any vessel violating this provision shall, with
her cargo, be subject to confiscation by the Chinese Government.

XLVIII. If any British merchant vessel be concerned in smuggling,
the goods, whatever their value or nature, shall be subject to
confiscation by the Chinese authorities, and the ship may be prohibited
from trading further, and sent away as soon as her account shall have
been adjusted and paid.

XLIX. All penalties enforced, or confiscations made, under this
Treaty shall belong and be appropriated to the public service of the
Government of China.

L. All official communications addressed by the Diplomatic and
Consular Agent of Her Majesty the Queen to the Chinese Authorities,
shall, henceforth be written in English. They will for the present be
accompanied by a Chinese version, but it is understood that. in the
event of there being any difference of meaning between the English and
Chinese text. the English Government will hold the sense as expressed
in the English text to be the correct sense. This provision is to apply to
the Treaty now negotiated, the Chinese text of which has been carefully
corrected by the English original.

LI. It is agreed, that henceforth the character 'I' g& (barbarian)
shall not be applied to the Government or subjects of her Britannic
Majesty in any Chinese official document issued by the Chinese
authorities either in the capital or in the provinces.

LII. British ships of war coming for no hostile purpose, or
being engaged in the pursuit of Pirates, shall be at liberty to visit
all ports within the dominions of the Emperor of China, and shall.
receive every facility for the purchase of provisions, procuring
water, and, if occasion require, for the making of repairs. The
commanders of such ships shall hold intercourse with the Chinese
authorities on terms of equality and courtesy.

LIII. In consideration of the injury sustained by native and foreign
commerce from the prevalence of Piracy in the seas of China, the High
Contracting Parties agree to concert measures for its suppression.





LIV. The British Government and its subjects are hereby confirmed
in all privileges, immunities, and advantages conferred on them by
previous Treaties: and it is hereby expressly stipulated that the British
Government and its subjects will be allowed free and equal participation
in all privileges, immunities and advantages that may have been, or may
be hereafter. granted by His Majesty the Emperor of China to the
Government or subjects of any other nation.

[LV. In evidence of her desire for the continuance of a friendly
understanding, Her Majesty the Queen of Great Britain consents to
include in a Separate Article, which shall be in every respect of equal
validity with the Articles of this Treaty, the condition affecting
indemnity for expenses incurred and losses sustained in the matter of
the Canton question.]

LVI. The ratifications of this Treaty. under the hand of Her Majesty
the Queen of Great Britain and Ireland, and of HIS Majesty the Emperor
of China, respectively, shall be exchanged at Peking, within a year from
this day of signature.

In token whereof the respective Plenipotentiaries have signed and
sealed this Treaty. Done at Tientsin, this 26th day of June. in the year of
our Lord one thousand eight hundred and fiftyeight; corresponding with
the Chinese date, the 16th day, 5th moon, of the 8th year of I-lien Fung.





LEASE OF KOWLOON.

[Reprinted from Vol. III of the Alabaster Edition of the Laws
of Hong Kong.]

A DEED OF LEASE.

20th March, 1860.

Between Laou, wearing a decoration of the first rank, a Director of
the Board of War, Censor of the Right, Governor General of the
Provinces of Kwang-tung and Kwang-se, and Commander-in-Chief of
the same, on the part of the Chinese Government, and Harry Smith
Parkes, Esquire, one of the Allied Commissioners for the Government of
the City of Canton on the part of the British Government, to hold in
proof of the undermentioned agreement.

WHEREAS Tseem-sha-tsuy and its neighbourhood situated in the
sub-district of Kowloon in the District of Sun-on and consisting for the
most part of barren hills that cannot be cultivated, has hitherto formed a
place of resort for thieves and outlaws. who, availing themselves of the
immediate proximity of the City of Victoria, constantly cross to Hong
Kong, and commit depredations in that settlement to the serious injury
of British Subjects who can obtain no redress against these marauders,
THEREFORE Laou, the Governor General. and Harry Smith Parkes, the
Commissioner, aforesaid, have AGREED and DETERMINED that all that
part of the Kowloon peninsula lying South of the Kowloon Fort to the
Northern-most point of Stone-cutters Island, together with that island,
as shewn in the accompanying map, shall be leased, as a preliminary
measure, to Harry Smith Parkes, the Commissioner aforesaid, acting on
behalf of the British Government, in order that the latter may exercise
complete control over the same, and take measures for the protection of
the good population, and the expulsion or punishment of the bad, as
well as for bringing the whole locality into order, and preventing it
becoming a resort for thieves. It is further STIPULATED and AGREED
that a Rental of Five Hundred Taels of Silver shall be annually paid for
the same to the local Chinese Authorities, and that no claim can ever be
made by the Chinese Government for the return of the said ground so
long as the British Government punctually pay to them the said amount
of Rent. And this Agreement will continue in force until on due
representation to be made by the Governor General Laou aforesaid to
the Supreme Government of China, the Commands of His Imperial
Majesty shall be received authorizing the conclusion of other
arrangements of a more permanent character.

Thus done in Duplicate, each of the parties aforesaid retaining one
copy, at Canton, this 20th day of March in the year of the Christian Era
one thousand eight hundred and sixty, being the 28th day of the 2nd
month of the 10th year of the Reign of the Emperor Heen-fung.





CESSION OF KOWLOON.

[Reprinted from Vol. III of the Alabaster Edition of the Laws
of Hong Kong.]

CONVENTION OF PEACE AND FRIENDSHIP BETWEEN GREAT
BRITAIN AND CHINA, SIGNED AT PEKING 24TH OCTOBER,
1860.

Her Majesty the Queen of Great Britain and Ireland, and His
Imperial Majesty the Emperor of China, being alike desirous to bring to
an end the misunderstanding at present existing between their
respective Governments, and to secure their relations against further
interruption. have for this purpose appointed Plenipotentiaries, that is
to say:

Her Majesty the Queen of Great Britain and Ireland, the Earl of
Elgin and Kincardine;

And His Imperial Majesty the Emperor of China, His Imperial
Highness the Prince of Kung.,

Who, having met and communicated to each other their full
powers, and finding these to be in proper form, have agreed upon the
following Convention in nine Articles:

VI. With a view to the maintenance of law and order in and about
the harbour of Hong Kong, His Imperial Majesty the Emperor of China
agrees to cede to Her Majesty the Queen of Great Britain and Ireland.
and to Her heirs and successors, to have and to hold. as a dependency
of Her Britannic Majesty's Colony of Hong Kong, that portion of the
township of Kowloon. in the Province of Kwang-tung, of which a lease
was granted in perpetuity to Harry Smith Parkes. Esquire, Companion of
the Bath, a member of the Allied Commission at Canton, on behalf of Her
Britannic Majesty's Government, by Lan Tsung Kwang, Governor
General of the Two Kwang.

It is further declared that the lease in question is hereby cancelled;
that the claims of any Chinese to any property on the said portion of
Kowloon shall be duly investigated by a Mixed Commission of British
and Chinese Officers;. and that compensation shall be awarded by the
British Government to any Chinese whose claims shall be by the said
Commission established, should his removal be deemed necessary by
the British Government.

Done at Peking, in the Court of the Board of Ceremonies, on the
24th day of October, in the year of our Lord one thousand eight
hundred and sixty.





KOWLOON ORDER IN COUNCIL.

[Reprinted from Vol. III of the Alabaster Edition of the Laws
of Hong Kong.]

ORDER IN COUNCIL PROVIDING FOR THE ADMINISTRATION oF
THE TERRITORIES ADJACENT To HoNG KoNG ACQUIRED BY HER
MAJESTY UNDER THE ANGLO-CHINESE CONVENTION OF
24TH OCTOBER, 1860.

At the Court at Buckingham Palace, the 4th day of February, 1861.

Present,

The Queen's Most Excellent Majesty in Council.

WHEREAs by a lease dated the 20th day of March, 1860, and made
between Laou, Governor-General of the Provinces of Kwangtung and
Kwangse on the one part and Harry Smith Parkes, Esquire, Companion
of the Most Honourable Order of the Bath. one of the Allied
Commissioners for the Government of the City of Canton, on the part of
Her Britannic Majesty's Government on the other part, certain portions
on the Township of Kowloong in the Province of Kwangtung described
in the said Lease and the Map thereto annexed. and hereinafter termed
the Kowloong District, were demised to the said Harry Smith Parkes for
the term therein mentioned:

AND WHEREAs by a Convention made at Peking on the 24th day
of October 1860, between Her said Majesty and His Imperial Majesty
the Emperor of China, the said Kowloong District was ceded to Her
Majesty to hold as a Dependency of Her Colony of Hong Kong:

AND WHEREAS it is expedient to make provision for the
government of the said District:

It is hereby ordered by the Queen's Most Excellent Majesty, by and
with the advice of Her Majesty's Privy Council, that the said Kowloong
District shall be and the same is hereby declared to be part and parcel of
Her Majesty's said Colony of Hong Kong, in like manner and for all
intents and purposes as if it had originally formed part of the same
Colony, and that it shall be competent to the Legislative Council or other
Legislative Authority of the said Colony to make laws for the peace,
order, and good government of the said District as part of the said
Colony.

And it is further ordered that from a date to be fixed by a
Proclamation of the Governor of Hong Kong all laws and Ordinances
which shall at such date be in force in the Colony of Hong Kong shall
take effect in the District of Kowloong, and shall remain

Note:The above text has been corrected after comparison with that
appearing in S.R. & O. and S.I., Rev. 1948, Vol. X, p. 17.





in force therein until the same shall have been altered or repealed
by Her said Majesty or by the Legislative Council or other com-
petent Legislative Authority of Hong Kong.

And the Most Noble the Duke of Newcastle, one of Her
Majesty's Principal Secretaries of State, to give the necessary
directions herein accordingly.





LEASE OF NEW TERRITORIES.

[Reprinted from Vol. M of the Alabaster Edition of the Laws
of Hong Kong.]

CONVENTION BETWEEN GREAT BRITAIN AND CHINA
RESPECTING
AN EXTENSION oF HoNG KONG TERRITORY.
SIGNED AT PEKING. 9TH JUNE, 1898.

[Ratifications exchanged at London, August 6th, 1898.]

WHEREAs it has for many years past been recognized that an
extension of Hong Kong territory is necessary for the proper defence
and protection of the Colony.

It has now been agreed between the Governments of Great Britain
and China that the limits of British territory shall be enlarged under
lease to the extent indicated generally on the annexed map. The exact
boundaries shall be hereafter fixed when proper surveys have been
made by officials appointed by the two Governments. The term of this
lease shall be ninety-nine years.

It is at the same time agreed that within the city of Kowloon the
Chinese officials now stationed there shall continue to exercise
jurisdiction except so far as may be inconsistent with the military
requirements for the defence of Hong Kong. Within the remainder of
the newly-leased territory Great Britain shall have sole jurisdiction.
Chinese officials and people shall be allowed as heretofore to use the
road from Kowloon to Hsinan.

It is further agreed that the existing landing-place near Kowloon
City shall be reserved for the convenience of Chinese men-of-war,
merchant and passenger vessels, which may come and go and lie there
at their pleasure; and for the convenience of movement of the officials
and people within the city.

When hereafter China constructs a railway to the boundary of the
Kowloon territory under British control, arrangements shall be
discussed.

It is further understood that there will be no expropriation or
expulsion of the inhabitants of the district included within the
extension, and that if land is required for public offices, fortifications, or
the like official purposes, it shall be bought at a fair price.

If cases of extradition of criminals occur, they shall be dealt with in
accordance with the existing Treaties between Great Britain and China
and the Hong Kong Regulations.





The area leased to Great Britain, as shown on the annexed map,
includes the waters of Mirs Bay and Deep Bay, but it is agreed that
Chinese vessels of war, whether neutral or otherwise, shall retain the
right to use those waters.

This Convention shall come into force on the 1st day of July, 1898,
being the 13th day of the 5th moon of the 24th year of Kuang Hsu It
shall be ratified by the Sovereigns of the two countries, and the
ratifications shall be exchanged in London as soon as possible.

Done at Peking in quadruplicate (four copies in English and four in
Chinese) the 9th day of June, in the year of our Lord one thousand eight
hundred and ninety-eight, being the 21st day of the 4th moon of the
24th year of Kuang Hsu





NEW TERRITORIES ORDER IN COUNCIL.

[Reprinted from Vol. III of the Alabaster Edition of the Laws
of Hong Kong.]

ORDER IN COUNCIL PROVIDING FOR THE ADMINISTRATION oF
THE TERRITORIES ADJACENT To HoNG KoNG ACQUIRED BY HER
MAJESTY UNDER THE ANGLO-CHINESE CONVENTION OF
JUNE 9, 1898.

At the Court at Balmoral, the 20th day of October, 1898.

Present,

The Queen's Most Excellent Majesty in Council.

WHEREAs by a Convention dated the 9th day of June. 1898,
between Her Majesty and His Imperial Majesty the Emperor of China, it
is provided that the limits of British territory in the regions adjacent to
the Colony of Hong Kong shall be enlarged under lease to Her Majesty
in the manner described in the said Convention:

AND WHEREAS it is expedient to make provision for the
government of the territories acquired by Her Majesty under the said
Convention. during the continuance of the said lease:

It is hereby ordered by the Queen's Most Excellent Majesty, by
and with the advice of Her Majesty's Privy Council, as follows:

1. The territories within the limits and for the term described in the
said Convention shall be and the same are hereby declared to be part
and parcel of Her Majesty's Colony of Hong Kong in like manner and
for all intents and purposes as if they had originally formed part of the
said Colony.

2. It shall be competent for the Governor of Hong Kong, by and
with the advice and consent of the Legislative Council of the said
Colony, to make laws for the peace, order, and good government of the
said territories as part of the Colony.

3. From a date to be fixed by proclamation of the Governor of I-long
Kong, all Laws and Ordinances which shall at such date be in force in
the Colony of Hong Kong shall take effect in the said territories, and
shall remain in force therein until the same shall have been altered or
repealed by Her Majesty or by the Governor of Hong Kong, by and with
the advice or consent of the Legislative Council.





[4. Notwithstanding anything herein contained, the Chinese
officials now stationed within the City of Kowloon shall continue
to exercise jurisdiction therein except in so far as may be incon-
sistent with the military requirements for the defence of Hong
Kong.]

And the Right Honourable Joseph Chamberlain, one of Her
Majesty's Principal Secretaries of State, is to give the necessary
directions herein accordingly.





DELIMITATION OF NORTHERN FRONTIER OF
NEW TERRITORIES.

[Reprinted from Vol. III of the Alabaster Edition of the Laws
of Hong Kong.]

The Northern Boundary commences at the point of high watermark
in Mirs Bay where the meridian of 114' 30' East cuts the land and follows
that high water-mark to the point marked with a peg immediately to the
West of the market town locally known as Tung Wo Hii and sometimes
called Sha'aukok It then proceeds straight inland for a short distance till
it meets a narrow path between fields on the right and a tidal flat on the
left. A peg was driven in to the East of the path, and it was agreed that
the whole of the path is within British territory but may be used by the
inhabitants of both countries. The line follows this path until it reaches
a corner of the market town of Tung Wo Hii, where another peg was
driven in. and then proceeds until it comes to the bed of a wide stream
which is at present dry. It was agreed that the boundary should follow
the centre of this river bed. The land to the right of the river. that is, the
land on the left bank being within Chinese territory; the land to the left
of the river, that is, the land on the right bank being within British
territory. This line along the middle of the river's bed continues until a
road leading to the village Kang Hau is reached. A peg was driven in at
the point where the boundary line leaves the river and follows this road.
It was agreed that the whole of the road is within British territory but
may be used by the inhabitants of both countries. This road leads up a
steep ravine crossing and recrossing the stream. It was agreed that the
waters of this stream whether within the British or the Chinese boundary
should be available for the inhabitants of both countries. This road
passes through a gap about 500 feet above sea level forming the
dividing ridge between the Sha'aukok and Sham Chun valleys. The
boundary was marked at this point with a peg. It was agreed that the
road from this gap should be the boundary and is within British territory
but may be used by the inhabitants of both countries. This road passes
down the right-hand side of the ravine and has a stream on the left
running to Kang T'6. At the foot of the ravine this road crosses a larger
stream coming from the direction of Ng Tung Shan and recrosses it
within a distance of 100 yards. This road passes Kang T'6 village on the
right and reaches the Sham Chun river at a distance of about a quarter of
a mile below Kang T'6. It was agreed that up to this point this road is
within British territory but may be used by the inhabitants of both
countries. It was also agreed that the waters of the stream running from
Ng Tung Shab referred to above shall be available for cultivators of land
in both territories. A peg was driven in to mark the point where this road
as a boundary ended. The boundary then follows the right or northern
bank of the river





generally known as the Sham Chun river down to Deep Bay, all
the river and the land to the south being within British territory.
The Western, Eastern, and Southern boundaries are as laid down
in the Convention, the whole of the Island of Lantao being within
British territory.

The waters of Mirs Bay and Deep Bay are included in the
area leased to Great Britain.

Signed in the Council Chamber. Hong Kong, this 19th day of
March, 1899.





KOWLOON CITY ORDER IN COUNCIL.

[Reprinted from Vol. III of the Alabaster Edition of the Laws
of Hong Kong.]

ORDER IN COUNCIL DECLARING THE CITY OF KOWLOON TO BE
PART OF THE COLONY oF HoNG KONG.*

At the Court at Windsor, the 27th day of December, 1899.

Present.

The Queen's Most Excellent Majesty.

WHEREAs by a Convention dated the 9th day of June, 1898,
between Her Majesty and His Imperial Majesty the Emperor of China, it
was provided that the limits of British territory in the regions adjacent to
the Colony of Hong Kong should be enlarged under lease to Her
Majesty in the manner described in the said Convention;

AND WHEREAs by an Order of Her Majesty in Council, dated the
20th day of October, 1898, it was. amongst other things, ordered that the
territories within the limits and for the term described in the said
Convention should be, and the same were thereby declared to be, part
and parcel of Her Majesty's Colony of Hong Kong, in like manner and
for all intents and purposes as if they had originally formed part of the
said Colony. and it should be competent for the Governor of Hong
Kong, by and with the advice and consent of the Legislative Council of
the said Colony, to make laws for the peace, order, and good
government of the said territories as part of the Colony;

AND WHEREAs by Article 4 of the said Order in Council it was
provided that, notwithstanding anything in the said Order in Council
contained, the Chinese officials at the date of the said Order in Council
stationed within the City of Kowloon should continue to exercise
jurisdiction therein except in so far as might be inconsistent with the
military requirements for the defence of Hong Kong.,

AND WHEREAS, the exercise of jurisdiction by the Chinese
officials in the City of Kowloon having been found to be inconsistent
with the military requirements for the defence of Hong Kong, it is
expedient that Article 4 of the said Order in Council should be revoked,
and that the Chinese officials within the City of Kowloon should cease
to exercise jurisdiction there-in, and that the said City of Kowloon
should become part and parcel of Her Majesty's Colony of Hong Kong
for all purposes during the continuance of the term of the lease in the
said Convention mentioned.

Note:Heading altered to conform to that appearing in S.R. 0. and
S.I., Rev. 1948, Vol. X, p. 19.





Now, THEREFORE, Her Majesty is pleased, by and with the
advice of Her Privy Council to order, and it is hereby ordered,
as follows: -

1. Article 4 of the Order of Her Majesty in Council of the
20th day of October, 1898, is hereby revoked, without prejudice to
anything lawfully done thereunder.

2. The City of Kowloon shall be, and the same is hereby
declared to be, for the term of the lease in the said Convention
mentioned, part and parcel of Her Majesty's Colony of Hong
Kong, in like manner and for all intents and purposes as if it had
originally formed part of the said Colony.

3. The provisions of the said Order in Council of the 20th
October, 1898, shall apply to the City of Kowloon in like manner
as if the said City had by the said Order in Council been declared
to be part and parcel of Her Majesty's Colony of Hong Kong.

And the Right Honourable Joseph Chamberlain, one of Her
Majesty's Principal Secretaries of State. is to give the necessary
directions herein accordingly.





TREATY OF FRIENDSHIP, COMMERCE AND

NAVIGATION BETWEEN HIS MAJESTY AND THE
SULTAN OF MUSCAT AND OMAN.

It is hereby notified for general information that the Treaty of
Friendship. Commerce and Navigation with the Sultan of Muscat and
Oman concluded between the United Kingdom of Great Britain and
Northern Ireland and the Sultan of Muscat and Oman, and signed at
Muscat on 20th December, 1951, has been extended to Hong Kong with
effect from the 4th September, 1953.

R. B. BLACK,

Colonial Secretary.

15th January, 1954.

[Published in the Gazette as G.N.A. 7/54.]

TREATY OF FRIENDSHIP, COMMERCE AND
NAVIGATION BETWEEN HIS MAJESTY AND THE
SULTAN OF MUSCAT AND OMAN.

Muscat, 20th December, 1951.

His Majesty The King of Great Britain, Ireland and the British
Dominions beyond the Seas. and Sultan Said bin Taimur bin Faisal.
Sultan of Muscat and Oman and Dependencies,

Desiring to confirm and strengthen the friendly relations which
now subsist between them and to promote and extend their commercial
relations by the conclusion of a new treaty to replace the Treaty of
Friendship, Commerce and Navigation signed at Muscat on 5th
February, 1939,(1)

Have accordingly appointed as their plenipotentiaries:

His Majesty The King of Great Britain. Ireland, and the British
Dominions beyond the Seas (hereinafter referred to as His Majesty):

For the United Kingdom of Great Britain and Northern Ireland:

Lieutenant-Colonel Sir William Rupert Hay, K.C.I.E., C.S.l., His
Majesty's Political Resident in the Persian Gulf;

(1) 'Treaty Series No. 29 (1939),' Cmd. 6037.





The Sultan of Muscat and Oman and Dependencies (hereinafter
referred to as the Sultan), in person;

Who have agreed as follows:

ARTICLE 1.

For the purposes of the present Treaty:

(1)The term 'territories of His Majesty' or references to
territories of a High Contracting Party in relation to His
Majesty mean the United Kingdom of Great Britain and
Northern Ireland (hereinafter referred to as the United
Kingdom) and any territories to which the present Treaty
applies by reason of extensions under Article 15, and the term
'territories of the Sultan' or references to the territories of a
High Contracting Party in relation to the Sultan mean Oman
and its Dependencies.

(2)The term 'nationals of His Majesty' or references to nationals
of a High Contracting Party in relation to His Majesty mean all
citizens of the United Kingdom and Colonies, all Southern
Rhodesian citizens and all British protected persons, except
nationals of Kuwait, Bahrain, Qatar, Abu Dhabi, Dubai,
Sharjah, Ajman Umm-alQaiwain, Ras-al-Khaimah and. Kalba,
and the term 'nationals of the Sultan' or references to
nationals of a High Contracting Party in relation to the Sultan
mean all the Sultan's subjects. wherever domiciled. For the
purposes of Articles 3, 5, 6 and 7, the term 'nationals' shall be
deemed to include corporate bodies created under the' law of
the territories of a High Contracting Party.

(3)The term 'British vessels' or references to vessels of a High
Contracting Party in relation to His Majesty mean all ships
registered at a port in the United Kingdom or in any territory
to which the present Treaty applies by reason of extension
under Article 15; and the term 'Omani vessels' or references
to vessels of a High Contracting Party in relation to the Sultan
mean all ships registered under the law of the Sultan's
Government

(4)The term 'British aircraft' or references to aircraft of a High
Contracting Party in relation to His Majesty mean all aircraft
registered under the law of the United Kingdom or of any
territory to which the present Treaty applies by reason of
extension under Article 15; and the term 'Omani aircraft' or
references to aircraft of a High Contracting Party in relation to
the Sultan mean all aircraft registered under the law of the
Sultan's Government.





(5) The term 'foreign country' means:

(a)in relation to His Majesty any country or territory other
than

(i) the United Kingdom;

(ii) Canada;

(iii) the Commonwealth of Australia;

(iv) New Zealand;

(v) the Union of South Africa;

(vi) India;

(vii) Pakistan;

(viii) Ceylon;

(ix)any territory for the international relations of
which I-lis Majesty is responsible through any of
I-lis Governments at the date of signature of the
present Treaty;

(x) the Irish Republic; and

W) for the purposes of Article 6, Burma; and

(b)in relation to the Sultan, any country or territory not
being a part of Oman or its dependencies.

ARTICLE 2.

There shall be perfect freedom of commerce and navigation
between the territories of the High Contracting Parties. Each High
Contracting Party shall allow the nationals of the other to enter all ports.
creeks and rivers with their vessels and cargoes. also to enter, travel,
reside and pursue commerce and trade, whether wholesale or retail, in
any of His territories, and to depart therefrom, provided that they satisfy
and observe the conditions and regulations which are in force or may be
applied therein relating to the entry, travel. residence and departure of
all foreigners.

ARTICLE 3.

(1) Nationals of each High Contracting Party shall enjoy
throughout the territories of the other with respect to commerce,
shipping and the exercise of trade all the rights, privileges, immunities,
advantages and protection, of whatsoever nature, which are or may be
enjoyed by the nationals of the other High Contracting Party or the
nationals of any other foreign country. In particular each High
Contracting Party shall allow in His territories the nationals of the other,
to bargain for, buy, barter, sell, import and export all kinds of goods on
the same conditions as are or may be applicable to His own nationals or
to the nationals of any other foreign country.





(2) Nationals of each High Contracting Party shall not be liable in
any territory of the other to taxes, duties, imposts, restrictions or
obligations of any description whatever, other or more onerous than
those to which the nationals of the other High Contracting Party or the
nationals of any other foreign country are or may be subjected; provided
however that nothing in this Article shall be construed in relation to any
territory of either High Contracting Party as obliging that High
Contracting Party to grant to nationals of the other, who are not resident
for tax purposes in that territory, the same personal allowances, reliefs
and reductions for tax purposes as are granted to His own nationals.

ARTICLE 4.

(1) In all that relates to navigation and the treatment of shipping
each High Contracting Party undertakes to treat in any of His territories
the vessels of the other (including the passengers and cargoes carried
therein) not less favourably in any respect than His own vessels or the
vessels of any other foreign country (including the passengers and
cargoes carried in such vessels as aforesaid).

(2) The provisions of this Article shall not apply to the coasting
trade or to inland navigation.

ARTICLE 5.

Nationals of His Majesty shall be permitted in the territories of the
Sultan to hire and to acquire in any legal manner, property of every
description, to possess the same, and to dispose thereof in any legal
manner, as regards immovable property on the same conditions as are in
force or may be established with regard to the nationals of the most
favoured foreign country, and as regards movable property on the same
conditions as are in force or may be established with regard to the
nationals of the Sultan or the nationals of the most favoured foreign
country.

ARTICLE 6.

(1) Goods grown, produced or manufactured in the territories of one
I-Egh Contracting Party imported into the territories of the other from
whatever place arriving, shall not be subjected to customs duties or
charges other or more onerous than those paid on the like goods grown,
produced or manufactured in any other foreign country.

(2) Goods to be exported to the territories of one High Contracting
Party shall not be subjected in the territories of the other to customs
duties or charges other or more onerous than those paid on the
exportation of like goods to any other foreign country.





(3) lle customs duties leviable in the territories of the Sultan on
goods grown. produced or manufactured in the territories of His
Majesty and on goods imported by nationals of His Majesty shall be
paid at the port or other place in the Sultan's territories where the goods
are first imported. and on payment being duly made such goods shall
thereafter be exempt from all other customs duties.

(4) In the territories of the Sultan goods grown, produced or
manufactured in the territories of His Majesty or imported by nationals
of His Majesty shall be exempted from customs duties in the following
cases. namely--

(a)Goods which, being destined and manifested for a foreign
country. are transhipped from one vessel or aircraft to another
in any of the ports or airports of the Sultan or which have
been for this purpose provisionally landed and deposited in
any of the Sultan's custom-houses to await the arrival of a
vessel or aircraft in which to be reshipped abroad; but goods
so landed shall only be exempted if the consignee or his agent
shall have. on the arrival of the vessel or aircraft, handed over
the said goods to be kept under customs seal. and declared
them as landed for transhipment. designating at the same time
the foreign place of destination, and if within a period not
exceeding three months after their first landing the said goods
are actually shipped for the said foreign country as originally
declared and without having in the interval changed owners,
and if all customs charges are paid before they are reshipped.

(b)Goods which, not being destined and manifested for the
territories of the Sultan, have been inadvertently landed,
provided that such goods are left in the custody of the
customs authorities and are reshipped for a destination abroad
within two months of being so landed. and that all customs
charges are paid before the goods are reshipped.

(c)Coal, fuel and oil. Naval and Air Force provisions and stores
and fittings, the property of His Majesty, landed in the
territories of the Sultan for the use of the ships of His
Majestys Naval Forces and the aircraft of His Air Forces; duty
shall, however. be payable if any of the goods thus exempted
are sold or otherwise disposed of in the local markets.

(d)Goods transhipped or landed pending the repair of damage
caused to the vessel or aircraft by stress of weather or
disasters at sea or in the air. provided the cargo so discharged
shall be left in the custody of the customs authorities and be
reshipped abroad within a period of three months from the
date of the original landing and that all customs charges have
been paid.





(5) In the cases referred to in paragraph (4) of this Article customs
formalities in respect of landing, examination, clearance and shipment of
goods shall be observed.

(6) All goods remaining uncleared in the Sultan's customhouses
after four months from the date of their original landing may be disposed
of by the Sultan's customs authorities by a public auction after notifying
the steamer or aircraft agents concemed. The proceeds of the sale of
such goods, after payment of the auctioneering fees, customs duties
and charges, shall be kept in deposit for a period of one year and
refunded to the owner if he establishes his claim to them during this
period, after which no claim shall be entertained.

(7) In this Article the words 'customs charges' shall mean charges
other than customs duties and shall include landing, transit, weighing,
wharfage or ground rent, supervision and overtime fees.

ARTICLE 7.

(1) All customs duties leviable in the territories of the Sultan shall
be paid in cash and not in kind.

(2) The value of the goods on which customs duty is to be levied
shall be fixed according to their market price following the normal usage
of trade in Muscat.

(3) Any dispute arising between a national of His Majesty and the
Omani Customs authorities regarding the value of any goods, shall be
determined by reference to two experts (each party nominating one)
whose decisions as to the value shall be binding upon both parties.
Should these experts not be able to agree, they shall choose an umpire,
whose decision, shall be final.

ARTICLE 8.

Internal taxes and internal charges of any kind levied within the
territories of one High Contracting Party for the benefit of the State, or
of organs of local or municipal government. on or in connexion with
goods grown, produced or manufactured in the territories of the other
High Contracting Party, shall not be other or greater than those levied in
similar circumstances on or in connexion with like goods grown,
produced or manufactured in the territories of the former High
Contracting Party or in any other foreign country.

ARTICLE 9.

(1) No prohibition or restriction shall be imposed or maintained on
the importation into the territories-of the Sultan of any goods. from
whatever place arriving, grown. produced or manu





factured in the territories of His Majesty which shall not equally extend
to the importation of the like goods grown, produced or manufactured
in any other foreign country.

(2) No prohibition or restriction shall be imposed or maintained on
the exportation of any goods from the territories of the Sultan to the
territories of His Majesty which shall not equally extend to the
exportation of the like goods to any other foreign country.

(3) Exceptions to the general rules laid down in the foregoing
paragraphs of this Article may be made only in the case of

(a)prohibitions or restrictions imposed in the interests of public
security;

(b)prohibitions or restrictions regarding traffic in arms,
ammunition and implements of war, or in exceptional
circumstances, all other military supplies;

(c)prohibitions or restrictions imposed for the protection of
public health;

(d)prohibitions or restrictions imposed for the protection of
animals or plants. including protection against diseases,
degeneration or extinction, as well as measures taken against
harmful seeds, plants and animals.

ARTICLE 10.

The Sultan engages by the present Treaty to provide that the
movement of goods in transit shall not be obstructed or delayed by
unnecessary customs formalities and regulations, and that every facility
will be given for their transport.

ARTICLE 11.

(1) Either of the two High Contracting Parties may appoint Consuls
to reside in the territories of the other. subject to the consent and
approval of the other as regards the persons so appointed and the
places at which they reside. Each High Contracting Party further agrees
to permit His own nationals to be appointed to consular offices by the
other High Contracting Party, provided always that any person so
appointed shall not begin to act without the previous approbation of
the High Contracting Party whose national he may be.

(2) Such Consuls shall be permitted to perform such consular
functions and shall enjoy such privileges and immunities as are in
accordance with international law or practice relating to Consuls as
recognized in the territories in which they reside.





ARTICLE 12.

(1) British vessels and aircraft coming to the territories of the
Sultan, in distress, shall receive from the local authorities all possible
necessary aid to enable them to revictual, refuel and refit so as to
proceed on their voyage or flight.

(2) Should a British vessel run aground or be wrecked on or near
the coast of the Sultan's territories, or a British aircraft be wrecked or
make a forced landing in the Sultan's territories, the authorities of the
Sultan shall render all possible assistance to save the vessel or aircraft,
its cargo and those on board; they shall also give all possible aid and
protection to persons saved, and shall assist them in reaching the
nearest British Consulate; they shall further take every possible care
that such vessels or aircraft and the cargo, stores, equipment and
fittings, and articles carried by or forming part of the vessel or aircraft, or
the proceeds thereof, if sold, as well as all papers found on board such
vessel or aircraft, shall be given up to their owners or to their agents
when claimed by them. or to the British Consul.

(3) The Sultan's authorities shall further see that the British
Consulate is as soon as possible informed of any such event as is
mentioned in the preceding paragraph of this Article having occurred.

(4) Likewise should an Omani vessel come to His Majesty's
territories in distress, or run aground or be wrecked on or near the coast
of His Majesty's territories, or should an Omani aircraft be wrecked or
make a forced landing in His Majesty's territories, the like help and
assistance shall be rendered by the authorities of those territories.

ARTICLE 13.

Nationals of the one High Contracting Party shall, within the
territories of the other, enjoy freedom of conscience and religious
toleration and the free and public exercise of all forms of religion,
provided that such exercise does not wound or outrage the religious
susceptibilities of the country in which it is proposed to be practised,
but shall not build edifices for religious worship except in places
specified for the purpose by the local authorities and after approval and
permission has been obtained. Nothing shall be done by either High
Contracting Party that may disturb existing places of worship belonging
to nationals of the other.

ARTICLE 14.

All the provisions of the present Treaty providing for the grant of
the treatment accorded to the most favoured foreign country shall be
interpreted as meaning that such treatment shall be accorded
immediately and unconditionally.





ARTICLE 15.

(1) His Majesty may, at the time of exchange of ratifications or at
any time thereafter, through His Consular Officer at Muscat give notice
of His desire that the present Treaty shall extend to any territory for the
international relations of which He is responsible through I-lis
Government in the United Kingdom of Great Britain and Northern
Ireland, except Kuwait, Bahrain, Qatar, Abu. Dhabi, Dubai, Sharjah,
Ajman, Umm-al-Qaiwain, Rasal-Khaimah. and Kalba, and the Treaty
shall extend to any territory specified in such notice from the date of
receipt thereof by the Sultan.

(2) At any time after the expiry of a period of two years from the
definitive entry into force of the present Treaty either High Contracting
Party may by giving twelve months' notice terminate the application of
the present Treaty to any territory to which it has been extended under
the provisions of the preceding paragraph.

ARTICLE 16.

(1) The present Treaty shall be subject to ratification by each High
Contracting Party and instruments of ratification shall be exchanged at
Muscat as soon as possible.

(2) The present Treaty shall enter into force provisionally on 1st
January, 1952, and definitively on the exchange of instruments of
ratification.

(3) If five months after the date of signature instruments of
ratification have not been exchanged the provisional application of this
Treaty. shall then cease.

ARTICLE 17.

(1) The present Treaty shall remain in force for a period of fifteen
years from the date of its definitive entry into force as provided for in
Article 16(2). Unless one of the High Contracting Parties shall have
given to the other notice of termination one year before the expiry of the
said period of fifteen years, this Treaty shall remain in force until the
expiry of one year from the date on which such notice shall have been
given.

(2) A notice given under paragraph (1) of this Article shall apply to
any territory in respect of which notification of extension has been
given under Article 15.

In witness whereof Lieutenant-Colonel Sir William Rupert Hay,
K.C.I.E., C.S.I., on behalf of I-lis Majesty The King of Great Britain,
Ireland and the British Dominions beyond the Seas, and Sultan Said bin
Taimur bin Faisal, Sultan of Muscat and Oman and Dependencies, on
his own behalf, have signed the present Treaty and have affixed thereto
their respective seals.





Done in duplicate at Muscat this twentieth day of December, 1951,
corresponding to the twentieth of Rabi' al Awwal of the year 1371, in
English and Arabic, the English text to prevail in cases of doubt.

(L.S.) W. R. HAY. (L.S.) SAID BIN TAIMUR.

EXCHANGE OF LETTERS

No. 1.

His Majesty's Political Resident in the Persian Gull to the Sultan
of Muscat and Oman.

British Consulate,

My honoured and valued Friend, Muscat, 20th December, 1951.

With reference to our discussions and the negotiations for the new
Treaty of Friendship, Commerce and Navigation to replace the Treaty of
Friendship, Commerce and Navigation between His Majesty The King of
Great Britain, Ireland and the British Dominions beyond the Seas and the
Sultan of Muscat and Oman and Dependencies signed at Muscat on 5th
February, 1939, I understand that you are prepared to vest in His
Majesty The King of Great Britain, Ireland and the British Dominions
beyond the Seas for a period of ten years from 1st January, 1952,
extraterritorial jurisdiction in your territory over the persons and in the
manner indicated below.

(1) The Consular authorities of His Majesty shall exercise
jurisdiction over the following persons who shall, for this purpose, be
referred to as 'Nationals of His Majesty':

(a) Citizens of the United Kingdom and Colonies;

(b) Southern Rhodesian Citizens; and

(c) British Protected Persons.

This paragraph shall not apply to any of the above persons who are
Moslems.

(2) In the exercise of their powers under paragraph (1) above the
Consular authorities of His Majesty may, subject to any right of appeal
which His Majesty may provide, hear and determine

(i) all criminal charges against nationals of His Majesty;

(ii)all civil suits in which nationals of I-lis Majesty are defendants;





(iii)all bankruptcy cases in which the bankrupt or person whom it
is sought to make bankrupt is a national of His Majesty;

(iv)all proceedings connected with the administration of the
estate of a deceased national of His Majesty;

(v)all questions of personal status where the person whose
status is in question is a national of His Majesty.

(3) Over all other nationals of any country of the British
Commonwealth (whether they are Moslems or otherwise), except the
nationals of the Union of South Africa, of Pakistan, of the British
Protected Shaikhdoms in the, Persian Gulf, of Zanzibar and of the States
of the Aden Protectorate, the Consular authorities of His Majesty shall
have a like jurisdiction save that they shall not hear and determine

(i)criminal cases and civil suits, including those which arise in
connexion with laws and regulations made by the Sultan, in
which the complainant or plaintiff is the Sultan's Government
or a national of the Sultan; and

(ii)bankruptcy proceedings which the Sultan decides shall be
heard and determined by his Courts.

(4) If any decision is given against a national of His Majesty, as
defined in paragraph (1) above, by a Sultanate Court, the Sultan will, if
the Consul of His Majesty so requests, refer the case to a Shara Court
of Appeal which shall be appointed by the Sultan for that purpose.

(5) A national of His Majesty, as defined in paragraph (1) above,
shall not be arrested nor his property seized nor his house, office,
warehouse or other premises occupied by him entered and searched by
an officer of the Sultanate save in case of necessity for the prevention
of a breach of the peace or a breach of the Sultanate laws or regulations
or in the case of a fugitive offender attempting to take refuge with a
national of His Majesty, and in this event the proceedings shall be
reported and the national of His Majesty so arrested and the property
seized handed over to the Consul of His Majesty for trial or disposal.

(6) All laws and regulations made by the Sultan which are or shall
be applicable to nationals of the Sultan and to foreign nationals shall,
unless the Sultan decides otherwise, automatically apply to nationals of
His Majesty, as defined in paragraph (1), and to other nationals of any
country of the British Commonwealth in cases heard by the Consular
authorities of His Majesty in accordance with paragraph (3), save that in
the exercise of His jurisdiction the Consular authorities of His Majesty
shall follow the procedure laid down in their own law.

(7) At the personal request of the Sultan the Consul of His Majesty
shall without undue delay arrange the departure from the





Sultan's territories of any person considered by the Sultan to be
undesirable who is a national of His Majesty, as defined in paragraph (1)
provided that nothing in this paragraph shall prevent His Majesty's
Government in the United Kingdom from making representations to the
Sultan on behalf of any such person.

(8) All fines imposed by the Consular authorities of His Majesty in
regard to offences under the Sultanate Customs, Municipal or Passport
Regulations shall be paid over to the Sultanate Treasury.

(9) For the purposes of these arrangements corporate bodies shall
be deemed to be citizens or nationals of the territory under whose laws
they are created.

1 shall be grateful if you will kindly confirm that I have understood
correctly, so that I may inform His Majesty accordingly.

I desire to express the high consideration which I entertain for Your
Highness, and subscribe myself.

Your Highness's sincere friend,

W. R. HAY.

No. 2.

The Sultan of Muscat and Oman to His Majesty's Political
Resident in the Persian Gulf.

After Compliments. Muscat, 20th December, 1951.

We have received your Excellency's letter of to-day's date
regarding extra-territorial jurisdiction and we confirm that you have
understood correctly. Your Excellency may inform His Majesty the King
accordingly.

Your sincere friend,

SAID BIN TAIMUR
Cession of Hong Kong to Great Britain. Confirmation of Treaty of 29th August, 1842. Appointment of Ambassadors, &c. Residence of British Representative at Peking. Ceremonial, &c. Right of British Government to hire houses, &c., at Peking. Right of British Representative to choose his own servants, &c. Non-molestation of British Representative or his suite. Rights and privileges of British Representative. Expenses of Mission to be borne by British Government. Transaction of business between British Representative and Chinese Government. Privileges of Chinese Ambassadors, &c, in Great Britain. Appointment of Consuls. Their rights and privileges. Religious toleration. Passports. Trade on the river Yangtsze. Port of Chinkiang to be opened to trade. Other ports of Yangtsze to be opened. Ports of Newchwang, Chefoo, Swatow, and Kiung-chow (Hainan) opened to trade. Rent of houses, churches, hospitals, burial-grounds, &c. Employment of Chinese by British subjects. Hire of boats by British subjects. No monopoly. Smuggling. Jurisdiction of British authorities in question affecting British subjects. Administration of Justice. British Consular Jurisdiction in case of crimes committed by British subjects. Disputes between British subjects and Chinese. Consular intervention Protection of British persons and property. Pirates. Wrecks, &c. Surrender of fugitive criminals between China and Hong Kong. British and Chinese fraudulent debtors. Debts incurred by Chinese at Hong Kong. Most-favoured nation treatment in respect to imports and exports. Payments of import and export duties. Revision of Tariff. Duration and revision of Treaty and Tariff. Transit duties. [Dispensed with by No. 7 of the Rules of Trade, signed at Shanghai, 8th November, 1858.] Tonnage dues. Special certificate to vessels clearing from one Chinese port to another Chinese port and Hong Kong. Tonnage dues Exemption from payment in certain cases. Exemption of certain British boats from tonnage dues. Buoys, beacons, lighthouses, &c. Payment of duties in sycee or foreign money. Standard weights and measures to be deposited at each Consulate. Pilots. Custom-House guards. Liabilities of vessels entering port. Ship's manifest and bills of lading. Permit to open hatches and discharge goods. Permit to land and ship cargoes. Transshipments. Port-clearances. Mode of levying ad valorem duties. Mode of levying duties on goods. Reduction of duties on damaged goods. Re-exportation of duty-paid goods. Drawback certificates. Foreign grain. Preventions against fraud and smuggling. British vessels trading with ports not opened by Treaty liable to confiscation. Goods on British vessels found concerned in smuggling liable to confiscation. Penalties and confiscations to belong to Chinese Government. Language to be employed in official communications. Chinese character 'I' not to be applied to British Government or British subjects. Facilities to be granted to British ship of war. Piracy, &c. Measures to be taken for suppression of piracy. Confirmation of previous Treaties. Most-favoured-nation treatment conferred on British subjects. [Separate Article annulled by Convention of Peking, 24th October, 1860.] Ratifications. Cession of part of Kowloon leased; lease cancelled. Proclamation 28th March, 1861. Enlargement of British Territory under lease. Jurisdiction. Use of landing place near Kowloon by Chinese. Railway. No expropriation or expulsion of natives. Extradition. Use of Mirs Bay and Deep Bay by Chinese Ships of War. Ratifications. 17th April, 1899: - Proclamation, 8th April, 1899. Revoked O, in C. 27th Dec., 1899. Delimitation of Northern Frontier of New Territories.