RICE ORDINANCE, 1919

RICE ORDINANCE, 1919

No. 20 of 1919.
An Ordinance for the acquisition and disposal of rice by
the Hongkong government, and for validating acts
previously done.

[9th September, 1919]

1. This Ordinance may be cited as the Rice Ordinance,
1919.

2. All acts heretofore done by the Officer Administering
the Government of Hongkong, or by any officer of the
Hongkong Government or by any person acting under the
direction of the said Officer Administering the Government
or of any officer of the Hongkong Government in regard to
the. seizure and taking possession of or the prohibition of
the exportation of rice are hereby made and declared to be
lawful and -are confirmed as on and from the time of the
performance of such acts, and the said Officer Administering
the Government and every such officer or person as aforesaid
are hereby freed, acquitted, discharged and indemnified, as
well against the King's Most Gracious Majesty His Heirs and
Successors as against all and every person and persons
whatever, from all legal proceedings of any kind whatever,
whether civil or criminal, in respect of any such acts as
aforesaid.





3.-(1) The Governor may, at any time when he thinks
fit, and in time of peace as well as in time of war, order the
seizure and taking possession of any rice within the limits
of the Colony, and may sell such rice for consumption in the
Colony.

(2) The Governor shall, out of the public funds of the
Colony, pay to every person whose rice shall be taken by
virtue of sub-section (1), such compensation as shall be agreed
on between the Governor and such person, and, in default of
agreement, such compensation as shall be awarded by a
Board constituted as hereinafter mentioned, whose award
shall be final.

(3) For the purpose of determining the amount of com-
pensation payable for any rice taken under sub-section (1),
the Governor shall appoint a Board consisting of five persons,
of whom one shall be a judge or stipendiary magistrate, two
shall be officers either in the Civil Government of the Colony
or in His Majesty's naval or military service, and the other
two shall be inhabitants of the Colony. All questions refer-
red to the said Board shall, in case of a difference of opinion,
be decided by the votes of the majority of the members. The
judge or stipendiary magistrate shall be the chairman of the
Board.

(4) The said Board, in fixing the price to be paid for rice
taken under sub-section (1), shall not make any addition on
account of the purebase being compulsory.

(5) Every person who refuses or neglects to obey or comply
with any order made under this section or does anything
whereby the execution of any such order is prevented or
hindered, or with intent to prevent or hinder the execution
of any such order, shall be guilty of an offence against this
Ordinance.

4. If any person, by having obeyed any direction made
under section 2 or by obeying any order made under
section 3 (1), has been or shall be prevented from fulfilling
any contract, such person shall not be deemed to have thereby
committed a breach of contract, but such contract shall be
deemed to have been or to be cancelled so far as its fulfilment
has been or may be prevented by any such direction or order.

As amended by Law Rev. Ord., 1924.





5. The total proceeds of all sales of rice for consumption
in the Colony shall not recoup to the Government more than
the total cost of purchasing the same together with the
expenses incidental to such purchase and sale.

6. No person shall take or cause or permit to be taken
out of the Northern District of the New Territories any rice
hulled or unhulled or in any form whatsoever without the
permission in writing of the District Officer.

7. The Governor may from time to time and so often as
occasion may require by proclamation prescribe-
(a) the price for which rice of any particular standard
Government quality, as defined by section 8,

(b) the maximum price for which any particular quality
of rice, other than a standard Government quality,
may be sold by retail in any particular district of the Colony,
and any person who in breach of any such proclamation
shall sell any such standard Government quality of rice at a
price other than the price so prescribed or shall sell any
such other quality of rice at a price higher than the maximum
price so prescribed shall be deemed guilty of an offence
against this Ordinance.

8. The qualities of rice for which a price is fixed in any
particular district of the Colony shall be determined by
persons to be appointed for the purpose by the Governor.
Samples of the qualities so determined shall be kept at all
police stations and shall be open to inspection. Such samples
shall conform to sealed samples kept in the offices of the
Superintendent of Imports and Exports and the District
Officer, and such sealed samples shall be known as standard
Government qualities.

9. Every person who sells rice purporting to be of one of
the standard Government qualities which differs from such
quality to the prejudice of the purchaser shall be guilty of an
offence against this Ordinance.

10. Every person who sells any rice supplied by the
Government except under licence issued by an officer
appointed by the Governor for that purpose shall be guilty
of an offence against this Ordinance.
As amended by Law Rev.,Ord., 1924.





11. No person who is authorised to sell rice supplied by
the Government shall mix one standard Government quality
of such rice with any other standard Government quality of
such rice or with any rice not supplied by the Government
or with any foreign substance.

12. Any person authorised by the Governor in writing in
that behalf may enter upon and into any land, house, or
other building in the Colony, for the purpose of inspecting
the stock of rice therein, and of taking samples thereof, and,
in case of opposition or obstruction, may use force to effect
such entry and inspection, and shall not be liable for any
damage directly or indirectly occasioned by such forcible
entry.

13. Every person who is guilty of an offence against this
Ordinance or of a breach of any of the provisions thereof
shall upon summary conviction be liable to a fine not exceed-
ing five hundred dollars or to imprisonment for any term
not exceeding six months, and any rice in connexion with
which any such offence has been committed shall be
forfeited.

14. Any powers conferred by this Ordinance shall be in
addition to and not in substitution for any, powers possessed
by the Governor of this Colony either under the Order in
Council of Her late Majesty Queen Victoria dated the 26th
day of October, 1896, as amended by the Order in Council
of his Majesty King George the Fifth dated the 21st day of
March, 1916, or under any other instrument or writing.

15. In view of this Ordinance being an emergency measure,
it shall be lawful for the Legislative Council at any time
after the commencement. of this Ordinance, and from time to
time and so often as occasion may require, to pass a resolution
suspending the operation of this Ordinance or of any section
or sections thereof either for a definite period or until the
Legislative Council shall make a further resolution reviving
the operation of the said Ordinance or of any section or
sections thereof.

No. 21 of 1919, repealed by Law Revision Ordi-
nance, 1924.

As amended by Law Rev. Ord,, 1924.
[Originally No. 20 of 1919. Law Rev. Ord., 1924.] Short title. Validating of acts previously done, and indemnity therefor. Power to Governor to seize and sell rice. Payment of compensation. Board to fix compensation. No addition for compulsory purchase. Prohibition of non-compliance with order. Effect of direction or order on prior contracts. Prohibition of profit by Government on total proceeds of sale of rice. Prohibition against export of rice from Northern District. Power to Governor to fix retail price of rice and prohibition of sale except at such price. Determination of standard Government qualities of rice. Prohibition of selling rice of inferior quality. Prohibition on sale of Government rice. Prohibition against mixing rice with other qualities or with foreign substance. Power of entry and inspection and taking samples. Penalty. Saving of other powers. Power to suspend to revive operation of Ordinance or part thereof.

[Originally No. 20 of 1919. Law Rev. Ord., 1924.] Short title. Validating of acts previously done, and indemnity therefor. Power to Governor to seize and sell rice. Payment of compensation. Board to fix compensation. No addition for compulsory purchase. Prohibition of non-compliance with order. Effect of direction or order on prior contracts. Prohibition of profit by Government on total proceeds of sale of rice. Prohibition against export of rice from Northern District. Power to Governor to fix retail price of rice and prohibition of sale except at such price. Determination of standard Government qualities of rice. Prohibition of selling rice of inferior quality. Prohibition on sale of Government rice. Prohibition against mixing rice with other qualities or with foreign substance. Power of entry and inspection and taking samples. Penalty. Saving of other powers. Power to suspend to revive operation of Ordinance or part thereof.

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1923

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