REVISION OF ORDINANCES

REVISION OF ORDINANCES

Revision of Ordinances.

No. 9 of 1864.

An Ordinance to authorize the Commissioners appointed to
compile a New Edition of the Ordinances to make certain
alterations therein.

[5th September, l864.]

BE it enacted by His Excellency the Governor of Hongkong, with
the advice of the Legislative Council thereof as follows

1. It shall be lawful fur the Commissioners appointed to compile a
new edition of the Ordinances to make therein tlzc alterations hereinafter
mentioned, that is to say;-

1.) Wherever *,thcjr(l shall occur at or near the commence-
ment of a>ay Ordinance tile words: 'Ile it enacted and ordained by
His Excellency the 4Governor of Iionnkong and its dependencies
with the advice of the Lenislative Council thereof,' or words to that
effect, to substitute therefor the mortis following: ' Belt enacted
by His Excellency the Governor of Hongkong with the advice of
the Leuivlative Council thereof.'
ORDINANCE No. 9 or 1864.

Revision of Ordinances.

(2.) Whenever by reason of the omission of the preliminary
part of an Ordinance it shall not appear by whom the enactment
was made, to insert the words: ' Be it enacted by His l,.acellency
the Governor of I-Ionwnon~ with the advice of the Legislative
Council thereof, as follows:'

(3.) Whenever the preamble, the enacting tvords, and the matter
of the first section of any Ordinance are continuous and numbered
as section 1, to separate them thus:

Whereas, &c.

Be it enacted by His Excellency the Governor of Flon,-
kong with the advice of the Legislative Council thereof as.
follows

(4.) Whenever there shall occur at or near the commence
anent of any section the words: 'And be it further enacted that,
or words to that effect, to omit such Nvords.

(5.) Whenever in the title, preamble, or subsequent part of <a1
Ordinance there occur unnecessarily the Nvords: 'within the Island
of 1-lon,rhong and its dependencies,' 'in 110tlgliong,' 'of 1-Ionn-
keno,' 'within the said Colony,' or words to the like eflcct, to omit
such «ords.

Whenever a section of any Ordinance is divided into para-

graphs, to number such paragraphs- and enclose such number within
brackets.

(7.) Whenever the words 'Cliief'~lustice of the Supreme Court'
or the like occur in any Ordinance, to omit the Nvords ' of the Su-
preme Court,' or the like.

(8.) Whenever the words `` tbe.Vi<l~' or 'such' shall' in aid
Ordinance unnecessarily precede wprds. descriptive of any Court,
public officer, or the like, to substitute th(Irefor the word ' the.'

r_ 2. There shall be expunged from section 7 of Ordinance No.
8 of
r;oa r of 01-
lg:f:f the words following-: 'and any overplus of such last mentioned
~linswcc No.
s of* 1514°'' moict. - or half art shall be paid to the said Chief
Magistrate for the
be cxpnraged. ~ p 1
1>lil'poses aforesaid,' and there shall be inserted in lien thereof the
words
ORDINANCE No. 9 0F 1864.

Revision of Ordinances.

following: 'and i£ such last mentioned moiety or.any portion thereof
shall lot be claimed within six months, then the same shall be disposed
o£ as the first mentioned moiety.'

3. Ordinance No. G of 1853 is hereby repealed, and Ordinance No.
9 of 1857, section 5 is hereby amended by inserting after the concluding
words of the said section the words following, that is to say: ' Provided
always that the hours hereinbefore specified in that behalf may be from
time to time altered by His Excellency the Governor in Executive
Council, and every such alteration when so made shall be forthwith
notified in English and Chinese in the Ilonakona Government Gazette.'

4. Ordinance No. 7 of 1859 is hereby repealed, and Ordinance No.
8 of 1853 section 28 is hereby amended by substituting for the words:
'he shall also if His Excellency in Council shall so decide, be deported
to any place in the Chinese Empire or elsewhere' in paragraph 9, the
words following: 'be deported to his native country, or with the consent
of such offender, to any other place if Isis Excellency the Governor
shall so decide.'

5. Ordinance No. 7 1862 is hereby amended by inserting after
section 82 the following new section:

'33. The Judge of the Court of Summary Jurisdiction shill
frame rules and orders for regulating the practice of the said Court,
its times of sitting and the forms of proceedings therein, and from.
time to time shall amend such rules, orders arid forms, and such
rules, orders and forms or amended rules, orders and forms certified
under the hand of such Judge shall be submitted to the Legisla-
tive Council who may, allow, disallow or alter the same, and the
rules, orders and forms or amended rules, orders and forms so
allowed or altered shall, from a day to be named by the said Coun-
cil, be in force in the said court;'

nd also by renumbering the remaining section of the same Ordinance

as secti3n 34.

g, 'The Bankruptcy' Ordinance 1864' shall be amended by re-
pealing section 56 and by inserting in lieu thereof the words and finures
followin0o~, that is to say: ^'

'5$. The Court may order such portion of the pay, half pay;
salary, emolument, or pension of any bankrupt as the chief officer

Ordinance
No. 6 of 1858
repealed, and
Ordinance
No. 9 of 1851
sec. 6
amended.

Ordinance
No.-? of 1859
repealed, and
Ordinance
No. S of 1808,.
sec. 28
amonded.

Ordinance
No. 7 of 1882-
ilmended.

'° Judge to
frame roles
and orders. ' -

'° The Bank-
ruptcy Ordi-
nance 1864'
amended.

Portion of .,
pay, half pap,
salary, or
ORDINANCE No. 9 of 1864.

Compilation of Ordinances.

pension of
bankrupt to
be applicable
to creditors
with sanction
-Of Chief officer
-of depart-
ment.

' The Bank.
ruptcy Ordi-
nance 1864'
farther
amended.

.ntrzdav =its,
declarations,
.&c., bcfole
whom to be
sworn to be
wailablc.

ruptcy Ordi-
txtnce .1861'
:tme_ded.

Court, may

give costs.

of the department to which such bankrupt may belonj or may- have
belonged, or under which'such pay. half pay, salary, emolument, or
pension may be enjoyed by such bankrupt may officially sanction to
be paid to the assignee, to be applied in payment of the debts of
such bankrupt.'

7. ' The Bankruptcy Ordinance 1864 ' shall be further amended
by repealing section 189 and by inserting in lieu thereof the words and
figures following, that is,to say:

'189. No affidavit, declaration or affirmation shall be used in
any matter or proceeding udder this Ordinance unless the same
shall have been sworn or made in manner following, that is to say:

'(1. ) In this Colony before tile Court or before any officer
appointed by the Court for that purpose or before a Magistrate.'
Z7)

'( 2. ) In any Colony, Island, Plantation or place antler the
Dominion of Her iVlajesty, before any Court, Judge, or person law-
fully authorized to take and receive affidavits, declarations or affir-
mations.'

'( R. ) In guy Forei0gn Parts out of Her llajeaty's Dolriinions
before a Judge or Magistrate, his signature being authenticated by
the Official Seal of the. Court to which he is attached, or by a
public notary, or before a British ;.Minister, Consul or Vice-Consul.'
8. 'The Bankruptcy Ordinance, 1864,' shall be further amended

by inserting after section 193 the words f0llOWiD(1:

'As to Costs.'

'I91. The Court may give costs in all cases in which it shall
' appear right and just.'

'As to concealed.fro)*rty, yc.'

And also by rellumbcriun the remaining obi oas of the same Urlhnance
,
to the end, beainninj with 191 which slilll be renumbered 192, and so
on in due arithmetical order.'

Soetiows 2 9. Ordinance No. G of 1864 iug from
and 3 of Or- '
yiinanc:e -No. sections 2 ^aild i Of tile same Ord~lanCe the words 'or
declaration teas
(r of 786E
Animaed. administered and by substitution therefor in each sECtion floe
words

'declaration or Warnin,,, was administered to, made by or liven to.'
659

Title.
Power to Commissioners ot make certain alterations in the new edition of the Ordinances.
Part of section 7 of Ordinance no. 8 of 1844, to be expunged.
Ordinance No. 6 of 1858 repealed, and Ordinance No 9. of 1857 sec. 5 amended.
Ordinance No. 7 of 1859 repealed, and Ordinance No. 8 of 1858, sec. 28 amended.
Ordinance No.7 of 1862 amended.
'Judge to frame rules and orders.'
'The Bankruptcy Ordinance 1864' amended.
Portion of pay, half pay salary, or
pension of bankrupt to be applicable to creditors with sanction of chief officer of department.
'The Bankruptcy Ordinance 1864' further amended.
Affidavits, declarations, &c., before whom to be sworn to be available.
'The Bankruptcy Ordinance 1864' amended.
Court may give costs.
Sections 2 and 3 of Ordinance No. 6 of 1864 amended.

659

Title.
Power to Commissioners ot make certain alterations in the new edition of the Ordinances.
Part of section 7 of Ordinance no. 8 of 1844, to be expunged.
Ordinance No. 6 of 1858 repealed, and Ordinance No 9. of 1857 sec. 5 amended.
Ordinance No. 7 of 1859 repealed, and Ordinance No. 8 of 1858, sec. 28 amended.
Ordinance No.7 of 1862 amended.
'Judge to frame rules and orders.'
'The Bankruptcy Ordinance 1864' amended.
Portion of pay, half pay salary, or
pension of bankrupt to be applicable to creditors with sanction of chief officer of department.
'The Bankruptcy Ordinance 1864' further amended.
Affidavits, declarations, &c., before whom to be sworn to be available.
'The Bankruptcy Ordinance 1864' amended.
Court may give costs.
Sections 2 and 3 of Ordinance No. 6 of 1864 amended.

https://oelawhk.lib.hku.hk/items/show/196

1890

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No. 9 of 1864

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