港史文本 - HK In Texts: Government Gazette | 政府憲報

No. 1.

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Vol. LXXVIII.

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The Hong Kong Government Gazette Extraordinary

Published by Authority

FRIDAY, JANUARY 1, 1932. ̋

The following Notification is published,

By command,

HONOUR.

W. T. SOUTHORN, Colonial Secretary.

　　No. 1.-His Majesty the KING has been graciously pleased to approve the following appointment in the Most Excellent Order of the British Empire (Civil Division) :-

To be an Ordinary member of the Fifth Class or Member:--

Mrs. ANN KATHERINE CREASY.

1st January, 1932.

Printed and Published by NORONHA & Co., Printers to the Hong Kong Government.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 8, 1932.

EXECUTIVE COUNCIL,

　　　　No. 2.-It is hereby notified that His Excellency the Governor in Council has under section 6A (2) (a) of the New Territories Regulation Ordinance, 1910, this day authorised as a place to be used as a Cemetery and urn Cemetery and to be known as "The Tai O Cemetery" () the piece of land containing about 250 acres situated at Tai O, Lantao in the New Territories in the Colony of Hong Kong and shown on the plan deposited and which may be seen in the office of the District Officer, South.

COUNCIL CHAMBER.

28th December, 1931.

D. W. TRATMAN,

Clerk of Councils.

　　　　No. 3.-It is hereby notified that His Excellency the Governor in Council has under section 6A (2) (b) of the New Territories Regulation Ordinance, 1910, this day made an order to the effect that no person shall bury or deposit any human remains in or upon any part of Tai O outside the Tai O Cemetery or within an area shown on the plan deposited and which may be seen in the office of the District Officer, South.

COUNCIL CHAMBER,

28th December, 1931.

D. W. TRATMAN,

Clerk of Councils.

No. 4.

　　　　Order made by the Governor in Council under section 12 of the Rope Company's Tramway Ordinance, 1901, Ordinance No. 21 of 1901, this 4th day of January, 1932.

In the exercise of the powers vested in him by the provisions of the Rope Company's Tramway Ordinance, 1901, and otherwise His Excellency the Governor in Council is pleased to order and it is hereby ordered and declared that the duration of the rights, powers and privileges granted, made and maintained under the provisions of the Rope Company's Tramway Ordinance, 1901, shall be extended for a period of one year from the 15th December, 1931.

COUNCIL CHAMBER,

4th January, 1932.

D. W. TRATMAN,

Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 8, 1932.

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No. 5.

The Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, Table L, Quarantine Regulations.

　　It is hereby declared by order of His Excellency the Governor in Council that Shanghai is a place at which an infectious or contagious disease, namely, small-pox, prevails.

COUNCIL CHAMBER,

8th January, 1932.

D. W. TRATMAN,

Clerk of Councils.

APPOINTMENTS, &c.

　　No. 6. His Excellency the Governor has been pleased to make the following appointments in the Army Service Corps Cadre of the Hong Kong Volunteer Defence Corps, with effect from 22nd December, 1931:-

CHARLES MANNERS MANNERS, Esq., O.B.E., to be Major,

ERIC PAUL FLETCHER, Esq., to be Lieutenant,

NELSON VICTOR HALWARD, Esq., M.C., M.A., to be Lieutenant,

HENRY POOLEY, Esq., to be Lieutenant.

31st December, 1931.

No. 7.-It is hereby notified that the Honourable Dr. ARTHUR ROBARTES WELLING- TON resumed duty as Director of Medical and Sanitary Services on 1st January, 1932.

7th January, 1932.

　　No. 8.-It is hereby notified that Dr. WILI IAM BROWNLOW ASHE MOORE resumed duty as Deputy Director of Medical and Sanitary Services on 1st January, 1932.

7th January, 1932.

　　No. 9.-His Excellency the Governor has been pleased to appoint Mr. JULIUS RING to be an Assistant Assessor of Rates, with effect from 1st January, 1932.

7th January, 1932.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 8, 1932.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. 10.-The following Order of His Majesty in Council is published for general information.

W. T. SOUTHORN,

8th January, 1932.

Colonial Secretary.

STATUTORY RULES AND ORDERS, 1931,

No. 972.

AIR NAVIGATION.

THE AIR NAVIGATION (COLONIES. PROTECTORATES AND MANDATED TERRITORIES) (AMENDMENT) ORDER, 1931.

AT THE COURT AT BUCKINGHAM PALACE,

THE 9TH DAY OF NOVEMBER 1931.

PRESENT:

THE KING'S MOST EXCELLENT MAJESTY.

LORD PRESIDENT.

LORD PRIVY SEAL.

MARQUESS OF LONDONDERRY VISCOUNT HAILSHAM. LORD COLEBROOKE.

SECRETARY SIR JOHN SIMON.

WHE

SECRETARY SIR P. CUNLIFFE-LISTER.

MR. RUNCIMAN.

MR. CHANCELLOR OF THE EXCHEQUER.. SIR E. HILTON YOUNG.

SIR B. EYRES-MONSELL. SIR HENRY BETTERTON.

HEREAS in pursuance of the powers conferred on Him by the Air Navigation Act, 1920, (a) His Majesty in Council was pleased by the Air Navigation (Colonies, Protectorates and Mandated Territories) Order, 1927, (b) and the Air Navigation (Colonies, Protectorates and Mandated Territories) (Amendment) Order, 1929, (c) amending that Order, (which, as so amended, is hereinafter referred to as "the Principal Order "), to make certain of the provisions of the Air Navigation (Consolidation) Order, 1923 (d) the Air Navigation (Amendment) Order, 1925, (e) the Air Navigation (Amendment) Order. 1927, (f) the Air Navigation (Amendment) Order, 1928, (g) the Air Navigation (Amend- ment) (No. 3) Order, 1928, (h) and the Air Navigation (Amendment) (No. 4) Order, 1928, (i) applicable to certain British Possessions and certain territories under His Majesty's protection and to registered aircraft being the property of British subjects resident or companies incorporated therein:

　　　And whereas in pursuance of the powers conferred on Him by the said Act His Majesty has been pleased to make further Orders in Council, namely the Air Navigation (Amendment) (No. 2) Order, 1929, (j) the Air Navigation (Amendment) (No. 3) Örder, 1929, (k) the Air Navigation (Amendment) Order, 1930, (7) the Air Navigation (Amend- ment) (No. 2) Order, 1930, (m) the Air Navigation (Amendment) (No. 3) Order, 1930, (n) and the Air Navigation (Amendment) Order, 1931, (o) amending the said Air Naviga-- tion (Consolidation) Order, 1923, as previously amended:

(a) 10-1 G. 5. c. 80.

(c) SR & O. 1929 (No. 90) p. 81. (e) S.R. & O. 1925 (No. 1260) p. 4. (g) S.R. & O. 1928 (No. 36) p. 20. (j) S.R. & O. 1929 (No. 984) p. 59. (1) S.R. & O. 1930 (No. 334) p. 31. (n) S.R. & O. 1931 No. 85.

•

(b) S.R. & O. 1927 (No. 1245) p. 10. (d) S.R. & O. 1923 (No. 1508) p. 13. (ƒ) S.R. & 1927 (No. 263) p. 4. (h) S.R. & O. 1928 (No. 591) p. 28. (i) S.R. & O. 1928 (No. 900) p. 32. (k) S.R. & O. 1929 (No. 1001) p. 60. (m) S.R. & O. (1931, No. 84.

(0) S.R. & O. 1931, No. 419.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 8, 1932.

　　　And whereas it is expedient that the Principal Order should be further amended so as to make certain of the provisions of the said Air Navigation (Amendment) (No. 2) Order, 1929, the said Air Navigation (Amendment) (No. 3) Order, 1929, the said Air Navigation (Amendment) (No. 2) Order, 1930, and the said Air Navigation (Amendment) Order, 1931, applicable to the British possessions and territories mentioned in Schedules VIII and IX of the said Principal Order and to registered aircraft being the property of British subjects resident or companies incorporated therein, and otherwise in the manner hereinafter appearing :

Now, therefore, His Majesty, by virtue and in exercise of all the powers enabling Him in this behalf, is pleased by and with the advice of His Privy Council to order, and it is hereby ordered, as follows:

1. Paragraph (1) of Article 4 of the Principal Order, shall be amended:---

(1) by inserting after the word "aircraft" in sub-paragraph (iii) the words "shall

be of the prescribed number and description and "; and

(2) by inserting after the words "Condition (iii)" in proviso (b) the words "in

so far as it relates to certificates of competency and licences."

2. Paragraph (2) of Article 6 of the Principal Order shall be omitted.

3. Article 13 of the Principal Order shall be amended by the addition at the end of the words "and if any article other than as aforesaid drops or falls from an aircraft a contravention of this Order shall be deemed to have been committed.'

4. The following Article shall be inserted after Article 13 of the Principal Order: - "13A.-The Governor may by directions prescribe the number and description

of the personnel to be carried, either in all circumstances or in certain circumstances specified in the directions, by any class or description of British Aircraft registered in the Colony :

Provided that in any case where the Convention requires that an aircraft shall carry a certain number of persons of a certain description, the number of persons of that description prescribed in that case shall not be less than the number required by the Convention."

5. Paragraph (1) of Article 22 of the Principal Order shall be amended by the insertion after the words "registration marks" of the words "preceded, in the case of a signal by radio-telephony, by the name of the owner of the aircraft."

6. Paragraph 2 of Schedule I to the Principal Order shall be amended by inserting after the words "validly registered" the words "in any other part of His Majesty's dominions or ".

7. Paragraph 20 of Schedule I to the Principal Order shall be omitted.

8. Sub-paragraph (a) of paragraph 14 of Schedule IV to the Principal Order shall be amended by omitting the words "constituted by its nationality letter and the last letter of its registration mark" and substituting therefor the words "composed of the first letter and the last letter of the five-letter group constituting its nationality and registration marks."

9. Paragraph 17 of Schedule IV to the Principal Order shall be amended by omitting the words "is in distress and requires assistance" and substituting therefor the words "is threatened by grave and imminent danger and requires immediate assistance, and by omitting the words from "When an aircraft desires to signal" to the end of the paragraph.

10. The following new paragraphs shall be inserted after paragraph 17 of Schedule IV to the Principal Order :-

"17.-(a) Where an aircraft has a message to send stating that it is in difficulties and about to land compulsorily but does not require immediate assistance, it shall preface its call sign with several repeti- tions of the urgency signal PAN.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 8, 1932.

(b) Where the signal PAN is received from an aircraft without any message following, it shall signify that the aircraft has been compelled to land and is unable to transmit its intended message owing to the rapidity of the landing, but does not require immediate assistance.

(c) Where the signal PAN is sent by radio-telegraphy the three letters shall be well separated so that the signals AN are not transformed into one signal P.

"17.- Where an aircraft has a very urgent message to send concerning the safety of the aircraft, or of any person on board, or of any ship, aircraft, vehicle or person within sight, it shall, for the purpose of indicating the urgency of the message, preface its call sign with several repetitions of the group XXX the letters of each group being clearly separated from the letters of the successive group.

17. Neither the PAN nor the signal XXX may be transmitted except with

the authority of the commander or person responsible for the aircraft. "17.--Where an aircraft has a message to send concerning the safety of navigation or containing important information relative to meteorological warning messages, it shall preface its call sign by the safety signal, consisting of the group TTT (transmitted with the letters well separated) followed by the word DE."

11. lu paragraph 39 of Schedule IV to the Principal Order the word "these" shall be omitted.

　　　12. The last sentence of paragraph 48A of Schedule IV to the Principal Order shall be omitted and the following substituted therefor: -

"Where any such directions are for the time being in force with respect to any aerodrome, there shall be placed horizontally in that aerodrome, near to the signal which indicates the direction of the wind, a red square panel, every side of which shall measure at least ten feet in length and shall be marked at night by red lights."

13. The following amendments shall be made in Schedule V to the Principal

Order:-

(a) In sub-paragraph (1) of paragraph 2 after the word "authority" there shall be inserted the words "in any part of His Majesty's dominions out- side Great Britain and Northern Ireland or ";

(6) Paragraph 3 shall be omitted.

　　　14. The following paragraph shall be inserted at the end of the Schedule VI to the Principal Order:

7.- (1) Where it is brought to the notice of the Governor

(a) that a large number of persons is likely to gather in any district in the Colony for the purpose of witnessing some event of publie interest; or

b) that it is intended to hold in any district in the Colony an aircraft

race or contest or exhibition of flying;

the Governor may by directions impose such temporary restrictions of the flying of aircraft within or in the neighbourhood of that district as he may consider expedient in the interest of public safety, and no aircraft shall fly in contraven- tion of any such directions:

Provided that any such restrictions, in so far as they relate to aircraft other than State aircraft, shall apply to British aircraft and aircraft registered in any other Contracting State without distinction.

2) Any directions issued under this paragraph shall specify the area or areas to which the restrictions extend and the time or times during which the restrictions are to be in force, and, in the case of restrictions applying

THE HONG KONG GOVERNMENT GAZETTE, JANUARY, 8, 1932.

only to aircraft of, or other than, any particular class or description, the class or description of aircraft to which the restrictions apply, or do not apply, as the case may be.

(3) Any area specified in any such directions shall, during the specified time or times, be deemed to be a prohibited area for the purposes of paragraphs 2, 3, 4 and 5 of this Schedule, but not for the purposes of any other provisions of this Order."

15.-(1) This Order may be cited as the Air Navigation (Colonies, Protectorates and Mandated Territories) (Amendment) Order, 1931.

(2) This Order shall come into operation on the first day of January, nineteen hundred and thirty-two.

M. P. A. HANKEY.

THE TREASURY.

Liquor and Tobacco Duties.

No. 11.-In accordance with the Resolutions passed by the Legislative Council on the 26th day of February, 1931, I hereby give notice that the figure representing the average opening selling rates for the month of December, 1931, of the Hong Kong and Shanghai Banking Corporation for demand drafts on London is settled at 17.24.

EDWIN TAYLOR,

Colonial Treasurer.

31st December, 1931.

STAMP OFFICE.

No. 12.-It is hereby notified that architects', barristers', dentists' (whether registered as dental surgeons or exempted persons), medical practitioners', pharmaceu- tical chemists', solicitors' and auditors' certificates to practise for 1932, as required by section 21 of the Stamp Ordinance, 1921, may be obtained from the Stamp Office on payment of the Stamp Duty of $50.

EDWIN TAYLOR,

Collector.

7th January, 1932.

SUPREME COURT.

No. 13.-lt is hereby notified that at the expiration of three months from the date hereof The YUEN LEE COMPANY, LIMITED, will, unless cause is shown to the con- trary, be struck off the register and the company will be dissolved.

4th January, 1932.

E. P. H. LANG,

Registrar of Companies.

SUPREME COURT.

　　　No. 14. It is hereby notified that the name of WAI ON TSEUNG, LIMITED, has been struck off the Register.

8th January, 1932.

4. P. H. LANG,

Registrar of Companies,

THE HONG KONG GOVERNMENT GAZETTE, JANUARY, 8, 1932.

only to aircraft of, or other than, any particular class or description, the class or description of aircraft to which the restrictions apply, or do not apply, as the case may be.

15.-(1) This Order may be cited as the Air Navigation (Colonies, Protectorates and Mandated Territories) (Amendment) Order, 1931.

(2) This Order shall come into operation on the first day of January, nineteen hundred and thirty-two.

M. P. A. HANKEY.

THE TREASURY.

Liquor and Tobacco Duties.

EDWIN TAYLOR,

Colonial Treasurer.

31st December, 1931.

STAMP OFFICE.

EDWIN TAYLOR,

Collector.

7th January, 1932.

SUPREME COURT.

4th January, 1932.

E. P. H. LANG,

Registrar of Companies.

SUPREME COURT.

　　　No. 14. It is hereby notified that the name of WAI ON TSEUNG, LIMITED, has been struck off the Register.

8th January, 1932.

4. P. H. LANG,

Registrar of Companies,

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 8, 1932.

THE MAGISTRACY.

No. 15. Notice is hereby given that the term of office of the Honourable Sir HENRY EDWARD POLLOCK, Kt., K.C., representative of His Majesty's Justices of the Peace upon the Legislative Council, expires on the 16th day of January, 1932.

In the event of more than one nomination being received for the vacant office, a meeting of the Justices other than Government Officials will be held at the Supreme Court on Saturday, the 16th day of January, 1932, from 12 noon to 1 p.m. for the pur- pose of electing a representative of the Justices upon the Legislative Council.

Justices of the Peace, who are Government Officials, are not entitled to take part in these proceedings.

　　　Every candidate must be nominated in writing by one Justice and seconded by another, and the nomination delivered to the undersigned not later than Thursday, the 11th day of January, 1932.

5th January, 1952.

W. SCHOFIELD,

Police Magistrale.

HARBOUR MASTER'S DEPARTMENT.

No. 16. List of Masters, Mates, and Engineers, who have passed their Examina- tions and obtained Certificates of Competency, issued under the provisions of Her Majesty's Order in Council of the 31st December, 1883, for the Year ending the 31st December, 1931.

No. of

DATE.

CERTIFI-

CATE.

NAME.

GRADE,

1931.

Jan. 14 4790

Murray, James Gall

4791

Sweet, Eric...

4792

Ellison, Edward,

4793

Bergner, Albert Eric....

Feb. 2

4794

12 4795

Mar. Á

16 4796 28 4797 4798

4799

4800

31 4801

April 21

4802

May 9 4803

4804

June 23

4805

July

4806

23 4807

27 4808

Aug. 18 Sept. 9

Oct. 27 4812

George, Alfred Henry Martin, Robert Waddle Evans, Thomas Gwynne Cooper, Hubert Roland.. Bormond, Robert William Johnson, John Arthur Munn, John Main Lee, Harry Leslie

Jones, William John Gower Kerslake, Frank.

Rowe, Lawrence Vivian. Watson, James

Ford, Alfred Charles

Lemercier, Adolphe Christopher Brown, Alexander Mclntyre Douglas, Walter Grattan

1st Class Engineer, S.S. 1st Class Engineer, S.S. 1st Class Engineer, S.S. 1st Class Engineer, S.S. 2nd Class Engineer, S.S. 1st Class Engineer, S.S. 2nd Class Engineer, S.S. 1st Mate, S.S. 2nd Class Engineer, S.S. 1st Mate, S.S.

1st Class Engineer, S.S. 2nd Class Engineer, S.S. 1st Class Engineer, S.S. 1st Class Engineer, S.S. Master, S.S.

2nd Class Engineer, S.S. 1st Class Engineer, S.S. 1st Class Engineer, S.S. 1st Class Engineer, S.S. 2nd Class Engineer, S.S.

4809 4810 9 4811

Duff, Cumming Alexander William.

2nd Class Engineer, S.S.

Moalem, Joseph Zion Joseph

Greer, David Irvine

Nov. 2 4813 TO 4814

Scott, William.............

Armstrong, Thomas Tristram

Dec.

4815

Davidson, Donald

9 4816

McMinn, Roger

2nd Class Engineer, S.S. 2nd Class Engineer, S.S. 2nd Class Engineer, S.S. 2nd Class Engineer, S.S. 2nd Class Engineer, S.S. 2nd Class Engineer, S.S.

G. F. HOLE,

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Harbour Master, etc.

Sth January, 1932.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 8, 1932. 11

MEDICAL DEPARTMENT.

　　No. 17.-The following addition to the Register of Chemists and Druggists published in Government Notification No. 823 of 18th December, 1931, pursuant to section 4 of the Pharmacy and Poisons Ordinance, 1916, Ordinance No. 9 of 1916, is published for general information:-

Name.

Address.

Title or Qualification.

Easton, James

A. S. Watson & Co., Limited.

Chemist and Druggist.

A. R. WELLINGTON,

Director of Medical and Sanitary Services.

5th January, 1932.

MEDICAL DEPARTMENT.

No. 18.-The following additions to the Register of Medical Practitioners entitled to practise Medicine in this Colony, published in Government Notification No. 282 of the 4th May, 1931, pursuant to the Medical Registration Ordinance, 1884, is published for general information :-

PERSONS QUALIFIED TO PRACTISE MEDICINE.

NAME.

ADDRESS.

QUALIFICATION,

DATE OF QUALIFICATION.

Chan Shing Chue. 陳聖柱

4, Landale Street.

Bachelor of Medicine and Bachelor of 18th December,

Surgery of the University of Hong Kong.

1931.

Phoon Seck Quai.

49, Bonham Road.

21st December, 1931.

Fernando, Florentino

Santos.

Cheng Hung Yue, (Miss.)

鄭杏如

2, Humphreys Avenue, Kowloon,

96, Caine Road.

Yuen Mo Yin,

1, Third Street.

(Miss.) Hilda

阮慕賢

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

23rd December, 1931.

21st December,

1931.

Bachelor of Medicine and Bachelor of 21st December,

Surgery of the University of Hong Kong.

6th January, 1932.

A. R. WELLINGTON,

Director of Medical & Sanitary Services.

12 THE HONG KONG GOVERNMENT GAZETTE, JANUARY 8, 1932.

MEDICAL DEPARTMENT.

　　　　No. 19.-It is hereby notified that with effect from the 1st day of January, 1932, under section 4 of the Births and Deaths Registration Ordinance, 1896, (Ordinance No. 7 of 1896), His Excellency the Governor has approved all Police Stations in the New Territories (exclusive of New Kowloon) as places where District Registers of births and deaths of Chinese shall be kept. It is further notified that the officers' in charge of each of the said Police Stations are hereby appointed Assistant Registrars for the purpose of the said Ordinance. The Notification published as No. 571 on pages 522 and 523 of the Hong Kong Government Gazette of the 28th December, 1923, and also under the heading DISTRICT REGISTRIES on pages 171 to 173 of the Regulations of Hong Kong, 1844-1925, is amended accordingly as follows:-

(i) by the addition at the end of the list of Death Registration Offices for

Chinese only, of the words:

8. New Territories (exclusive | Any Police Station in the

of New Kowloon).

district.

(ii) by the addition at the end of the list of Birth Registration Offices for

Chinese only, of the words :-

11. New Territories (exclusive | Any Police Station in the

of New Kowloon).

district.

(iii) by the substitution of the words "Medical Department" for the words,

'Sanitary Department" in the NOTE at the end thereof.

8th January, 1932.

A. R. WELLINGTON, Registrar of Births and Deaths.

DISTRICT OFFICE, TAI Po.

No. 20.-It is hereby notified for general information that Cancellation of Memo- rial of Re-entry has been ordered by the Governor in Council as to the following Lots in the Northern District of the New Territories :-

D.D. No. 129 Lot Nos. 892, 705, 895, 896, 993, 1573, 1588, Mong Tseng

House No. 42.

D.D. No. 196 Lot Nos. 426, 368, 755, 480, 489, 719, 496, 660, 666. 680, 693,

667, 708.

D.D. No. 197 Lot No. 11.

D.D. No. 114 Lot Nos. 399, 403, 474, 968, 805A, 718B, 721B, 80, Sheung

Tsun House No. 72.

6th January, 1932.

T. MEGARRY,

District Officer, North.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 8, 1932.

LAND REGISTRY OFFICE.

No. 21. It is hereby notified for general information that a Memorial of Re- entry by the Crown on Garden Lot No. 55 has been registered according to law.

7th January, 1932.

PHILIP JACKS,

Land Officer

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 22. It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909 :-

Number of Marks.

Date of Registration.

Name and Address of Owner.

Period of Renewal.

Classes

File

which renewed.

Nos.

Nos. 17 L1 and 30th December,

17 M1 of 1889.

1889.

No. 17 L4

Do.

Jebsen & Company, of Canton, Kwong-tung Province, China.

Do.

30th December,

1945.

337

of 1931.

Do.

of 1889.

Nos. 17 A6,

Do.

17 B5, 17 D6,

and 17 L6 of

1889.

No. 17 D7

Do.

of 1889.

No. 17 L8

Do.

of 1889.

Nos. 17 L11.

Do.

242

Do.

17 Q10 and

17 R10

of 1889.

No. 17 D11

Do.

of 1889.

No. 17 M11

Do.

of 1889.

No. 17 R13

Do.

of 1889.

No. 17 L16

Do.

of 1889.

Nos. 17 L22

Do.

and 17 M19

of 1889.

6th January, 1932.

E. L. AGASSIZ,

Registrar of Trade Marks.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 8, 1932.

OFFICE OF REGISTRAR OF PATENTS.

No. 23.-Notice is hereby given that the following United Kingdom Patent has been registered under the provisions of the United Kingdom Patents Ordinance, 1925:--

No. and date of grant.

Date as of which sealed.

Present owner.

Nature of invention.

Date of registration.

No. 318,198

6th November,

30th August,

1928.

1930.

Georges Claude, of 3, Ave- nue de l'Opera, Paris, France.

4th January, 1932.

Improvements in Lumin- 4th January, ous Electric Dis-! 1932. charge Tubes.

E. L. AGASSIZ,

Registrar of Patents.

16 THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932.

EXECUTIVE COUNCIL.

Hong Kong.

No. 24.

Regulation made by the Governor in Council under sections 3 (1) and 4 (1) of the Tobacco Ordinance, 1931, Ordinance No. 31⁄2 of 1931, on the 11th day of January, 1932.

The following fees shall be payable for permits for removal to the Imports and Exports Office of tobacco which arrives in the Colony for transhipment and export, and cannot at once be placed direct on board the exporting vessel :-

Permit for three days or

under

Second or continued

10 cents, or 2 cents per package per day or part of a day, whichever shall be the greater.

permit, after the Double the above fee.

first three days

...

COUNCIL CHAMBER,

11th January 1932.

D. W. TRATMAN,

Clerk of Councils.

NOTE. The above regulation replaces the order under the repealed Tobacco Ordinance, 1916, published as G. N. 363 in the Gazette of 17th June, 1927.

Hong Kong.

No. 25

Regulations made by the Governor in Council under section 88 of the Liquors Ordinance, 1931, Ordinance No. 36 of 1931, on the 12th day of January, 1932.

1. The Governor in Council hereby appoints the following warehouses as General Bonded Warehouses under the Liquors Ordinance, 1931, namely

No. 1-Basement of Messrs. Caldbeck Macgregor & Co.'s pre- mises at Prince's Building, Ice House Street, of which Messrs. Caldbeck Macgregor & Co., Ltd. shall be deemed the person in charge.

No. 2-10A Des Voeux Road Central, ground floor, of which Messrs. Caldbeck Macgregor & Co., Ltd. shall be deemed the person in charge.

16 THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932.

EXECUTIVE COUNCIL.

Hong Kong.

No. 24.

Regulation made by the Governor in Council under sections 3 (1) and 4 (1) of the Tobacco Ordinance, 1931, Ordinance No. 31⁄2 of 1931, on the 11th day of January, 1932.

Permit for three days or

under

Second or continued

10 cents, or 2 cents per package per day or part of a day, whichever shall be the greater.

permit, after the Double the above fee.

first three days

...

COUNCIL CHAMBER,

11th January 1932.

D. W. TRATMAN,

Clerk of Councils.

NOTE. The above regulation replaces the order under the repealed Tobacco Ordinance, 1916, published as G. N. 363 in the Gazette of 17th June, 1927.

Hong Kong.

No. 25

Regulations made by the Governor in Council under section 88 of the Liquors Ordinance, 1931, Ordinance No. 36 of 1931, on the 12th day of January, 1932.

1. The Governor in Council hereby appoints the following warehouses as General Bonded Warehouses under the Liquors Ordinance, 1931, namely

No. 1-Basement of Messrs. Caldbeck Macgregor & Co.'s pre- mises at Prince's Building, Ice House Street, of which Messrs. Caldbeck Macgregor & Co., Ltd. shall be deemed the person in charge.

No. 2-10A Des Voeux Road Central, ground floor, of which Messrs. Caldbeck Macgregor & Co., Ltd. shall be deemed the person in charge.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932.

No. 3-1 Watson Road, North Point, ground floor, of which Messrs A. S. Watson & Co., Ltd. shall be deemed the person in charge.

No. 4-8A Queen's Road Central, of which Messrs. Gande Price & Co., Ltd. shall be deemed the person in charge.

No. 5-5 On Lok Lane, of which Messrs. Bradley & Co., Ltd.

shall be deemed the person in charge.

No. 6-7, 8, 9 and 10 Chung Hing Street, ground floor, of which Messrs. Himly, Ltd. shall be deemed the person in charge.

No. 7-The premises between 15 Queen's Road Central and Exchange Building, of which Messrs. H. Ruttonjee & Son shall be deemed the person in charge.

No. 8-Inland Lot No. 2227, Whitfield Road, of which Messrs. Kwong Sang Hong shall be deemed the person in charge.

No. 9-The basement of Alexandra Building adjoining Chater Road, of which Messrs. Dodwell & Co., Ltd. shall be deemed the person in charge.

No. 10-298, 300, 302, Des Voeux Road West, 1st floor, of which Messrs. Wing Lee Wai shall be deemed the person in charge.

No. 11-1 Lee Yuen Street, West, ground floor, of which Messrs.

Ty Sing shall be deemed the person in charge.

No. 12-2 Centre Street, ground floor (inside the premises of the H. K. & Kowloon Wharf & Godown Co.), of which Messrs. Kee Fung Yuk shall be deemed the person in charge.

2. The appointments are subject to the conditions set out in these regulations.

3. A bond to secure the duty with one or more sufficient sureties shall be given by the person or firm concerned in accordance with the following scale :--

$5,000 for each 2,000 sq. ft. or fraction of 2 000 sq ft. of the floor area of the warehouse appointed used for storing dutiable goods.

4. The appointment is limited to the period commencing on January 1st 1932, and expiring on June 30th, 1932.

5. The General Bonded Warehouse Regulations, published in Government Notification No. 548 of 1930, shall not apply to the Warehouses so appointed.

6. A fee of $125 shall be payable by the person in charge.

7. No structural alteration to any such warehouse shall be made without the permission in writing of the Superintendent.

8. No article may be stored in any such warehouse other than dutiable goods.

9. All dutiable goods stored in any such warehouse shall be stowed in such a way that easy access may be had to any portion thereof.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932.

10. No such warehouse shall be open for the receipt or delivery of dutiable goods between 4.30 p.m. and 8.30 a.m. or on Sundays or public or general holidays except with the permission in writing of the Superintendent, who shall be entitled to charge a fee not exceeding three dollars for every hour or portion of an hour in which such licensed warehouse shall be open before 8.30 a.m. or after 4.30 p.m., or on Sundays or public or general holidays.

11. The person in charge shall, immediately after any dutiable goods are received into or removed from his licensed premises, make due entry of such receipt or removal in a stock book in a form to be approved by the Superintendent. All entries shall be made in English unless the Superintendent, in any special case, shall give permission for the use of Chinese.

12. Every person in charge shall, not later than noon on every Monday morning (or on the following day if Monday is a public or general holiday) furnish to the Superintendent a return in a form to be supplied by him, concerning all dutiable goods stored, received and removed during the then previous week.

13.-(a) No package of dutiable goods shall be opened except in the presence of a revenue officer.

(b) No samples shall be drawn except in the presence of a revenue officer, and duty shall be paid on all samples removed from the warehouse.

(d) No empty package shall be stored in the same place as dutiable goods.

(e) Where the contents of a number of packages of one kind of dutiable goods in the same consignment are found on examination to be deficient, full packages shall, so far as possible, be made up from the partially empty packages, and the completely empty packages shall be removed at once from the premises.

(ƒ) All empty or broken packages, and all packing paper, and other debris shall be removed daily.

(g) Should the nature of the business render it necessary to keep a stock of empty packages and packing material ready for immediate use, the same shall be stored in a separate locked compart- ment of the premises apart from the space used for the storage of dutiable goods.

(h) The minimum amount of dutiable goods which shall be re- moved in one consignment from the warehouse for export shall be as hereunder :-

Liquor of the same kind....

.gallons 2:

14. Every such warehouse shall be fitted with such locks or other fastenings as the Superintendent may require, and such locks and fastenings shall be so arranged that no entry into the premises can be effected without the attendance of the Superintendent or a revenue officer.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932. 19

15.-(a) Any loss or contraction of dutiable goods due to natural causes or unavoidable accident, or to leakage, breakage, deterioration, or loss of moisture or dust, not due to any negligence or default on the part of the person in charge or his servants, shall be deducted from the stock total of such goods and no duty shall be charged there- on if such loss is reported to a revenue officer as soon as it is dis- covered and is certified by him, after examination, to be a loss as aforesaid.

(b) All goods received into a licensed warehouse shall be deemed to be of the weight and measure reported unless the shortage, if any, on entry into such warehouse has been certified by a revenue officer.

(c) In the case of liquor stored in casks, the maximum amounts which shall be allowed for loss by evaporation shall be as under:-

I.--Beer. 4 gallons per hogshead.

II. - Wine.

In casks of :-

less than 20 gallons content

20 gallons and less than 65 gallons 65 gallons content and upwards

III.-Spirits in casks under 80 gallons.

Time in warehouse

not exceeding.

2 months

6 months

For each year or part of a year.

gallon. 1 gallon. 2 gallons.

Special Allowance.

Ordinary Allowance.

per cent.

..5 per cent.

1 year..

6 per cent.

and 3 per cent

for each suc-

ceeding year.

4 per cent. 5 per cent.

and 2 per cent for each suc- ceeding year up to the 5th.

Such special allowance shall only be granted where some definite defect in the cask is certified by a revenue officer after inspection.

16.-(a) Every such warehouse shall be lighted and ventilated in an efficient way to the satisfaction of the Superintendent.

(b) Every such warehouse shall be maintained in a good state of repair, and all doors, windows, bars, bolts, hinges, fastenings and locks shall be periodically examined and kept in good order, to the satisfaction of the Superintendent.

painted up legibly on the outside in letters and Chinese characters at least 4 inches high, together with the word

"Liquors".

(d) In every such warehouse a sufficient space shall be maintained free of any encumbrance in the best lighted part of the premises for the purpose of examination of packages by the inspecting officer.

(e) Office accommodation with the necessary furniture and writ- ing materials shall be provided for the use of the inspecting officer. Such office shall be efficiently lighted at all times.

17. No smoking, naked lights or matches shall be allowed within the premises of any licensed warehouse.

18. All lamps used on the premises of any licensed warehouse must be made of substantial metal, the glass being protected by metal guards.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932.

19. No person shall be allowed to sleep on the premises of any such warehouse.

20. Except as herein provided, every person in charge shall cause every bottle or vessel containing intoxicating liquors, other than Chinese wines and spirits, kept in stock by him, and on which duty has been paid, to be labelled over the cork thereof with a duty-paid label which shall be obtained by such person in charge from the Superintendent. Furthermore every person in charge shall keep a book and cause correct entries to be made therein showing the number of bottles or vessels in stock for which labels are required, the serial numbers of labels used, and the relative duty-paid permit: Provided that labelling as hereinbefore mentioned shall not be required for miniature bottles or vessels, or for bottles or vessels containing beer, stout or cider.

21. In these regulations, "package" shall include any box, basket, barrel, cask, case, jar, container, receptacle, sack, bag, wrapper or other thing in which dutiable goods are placed for the purpose of carriage, consignment, exportation or storage.

COUNCIL CHAMBER,

12th January, 1932.

D. W. TRATMAN,

Clerk of Councils.

LEGISLATIVE COUNCIL,

No. 26. His Majesty the KING has not been advised to exercise his power of disallowance with respect to the following Ordinances : ---

Ordinance No. 24 of 1931.- An Ordinance to amend the Liquors Consolidation

Ordinance, 1911.

Ordinance No. 25 of 1931.-Au Ordinance to amend the Gunpowder and Fire-

works Ordinance, 1901.

Ordinance No. 26 of 1931.-An Ordinance to amend the law relating to the

Registration of Births and Deaths.

Ordinance No. 27 of 1931.--An Ordinance to amend the Money-lenders Ordi-

nance, 1911.

Ordinance No. 28 of 1931.-An Ordinance to amend the Land Registration

Ordinance, 1844.

Ordinance No. 29 of 1931.--An Ordinance to amend further the Stamp Ordi-

nance, 1921.

Ordinance No. 30 of 1931.-An Ordinance to amend the Peace Preservation

Ordinance, 1886.

Ordinance No. 32 of 1931.--An Ordinance to amend the Code of Civil Proce-

dure.

Ordinance No. 33 of 1931.-An Ordinance to amend further the Arms and

Ammunition Ordinance, 1900.

COUNCIL CHAMBER,

14th January, 1932.

R. A. C. NORTH, Deputy Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932.

19. No person shall be allowed to sleep on the premises of any such warehouse.

COUNCIL CHAMBER,

12th January, 1932.

D. W. TRATMAN,

Clerk of Councils.

LEGISLATIVE COUNCIL,

No. 26. His Majesty the KING has not been advised to exercise his power of disallowance with respect to the following Ordinances : ---

Ordinance No. 24 of 1931.- An Ordinance to amend the Liquors Consolidation

Ordinance, 1911.

Ordinance No. 25 of 1931.-Au Ordinance to amend the Gunpowder and Fire-

works Ordinance, 1901.

Ordinance No. 26 of 1931.-An Ordinance to amend the law relating to the

Registration of Births and Deaths.

Ordinance No. 27 of 1931.--An Ordinance to amend the Money-lenders Ordi-

nance, 1911.

Ordinance No. 28 of 1931.-An Ordinance to amend the Land Registration

Ordinance, 1844.

Ordinance No. 29 of 1931.--An Ordinance to amend further the Stamp Ordi-

nance, 1921.

Ordinance No. 30 of 1931.-An Ordinance to amend the Peace Preservation

Ordinance, 1886.

Ordinance No. 32 of 1931.--An Ordinance to amend the Code of Civil Proce-

dure.

Ordinance No. 33 of 1931.-An Ordinance to amend further the Arms and

Ammunition Ordinance, 1900.

COUNCIL CHAMBER,

14th January, 1932.

R. A. C. NORTH, Deputy Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932.

APPOINTMENTS, &c.

No. 27.-It is hereby notified that Mr. THOMAS WILLIAM HAROLD HOSEGOod resumed duty as Assistant Harbour Master on 1st January, 1932.

13th January, 1932.

No. 28. His Excellency the Governor has been pleased, under the provisions of Statute 4 of the Second Schedule of the University Ordinance, 1911, Ordinance No. 10 of 1911, to nominate the following as Members of the Court of the University of Hong Kong for a further period of three years, with effect from the 1st January, 1932:-

HUGH BLACKWELL LAYARD DOWBIGGIN, O.B.E.

MERVANJI PESTONJI TALATI.

JOHN ROSKRUGE WOOD, M.A.

15th January, 1932.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. 29.-It is hereby notified that the Convention between the United Kingdom and Norway respecting Legal Proceedings in Civil and Commercial matters which was signed at London on the 30th of January, 1931, has been extended to this Colony as from the 14th November, 1931.

A copy of the Convention may be seen on application at this Office.

15th January, 1932.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. 30.-The following Order is published for general information :-

In accordance with the provisions of section 4 of the Unclaimed Balances Ordi- nance, 1929, His Excellency the Governor hereby directs that a sum of money, namely $10,000, deposited in the Treasury on 8th November, 1922, by Messrs. Wah Lee & Co., in respect of security for the construc- tion of the road from Causeway to North Point, shall be transferred to the general revenue of the Colony. This transfer is subject to the pro- visions contained in the said Ordinance as to refunds.

15th January, 1932.

W. T. SOUTHORN,

Colonial Secretary.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932.

COLONIAL SECRETARY'S DEPARTMENT.

No. 31. The following is published for general information.

31.-The

15th January, 1932.

W. T. SOUTHORN,

Colonial Secretary.

The Air Navigation Directions (Hong Kong), 1932, (No. 1).

Issued by the Governor under Article 30 of the Air Navigation (Colonies, Protec- torates and Mandated Territories) Order, 1927, which Order, as amended by the Air Navigation (Colonies, Protectorates and Mandated Territories) (Amendment) Order, 1929, is hereinafter referred to as "the Order."

SECTION I.

INTRODUCTION.

1. These Directions may be cited as "the Air Navigation Directions (Hong Kong), 1932, (No. 1)" and shall come into operation on the 1st day of February, 1932.

SECTION II.

INTERPRETATION.

　　　2. The interpretation of these directions is governed by the interpretation of the Order.

3. In these Directions,-

"Governor" includes, in relation to any purpose of these directions, any person authorised by the Governor for that purpose: Where the designation "Director of Air Services" appears in these Directions, the person for the time being holding such office is hereby declared to be the person so authorised, unless the context otherwise requires.

Approved" means approved by the Secretary of State for Air or some person authorised by the Secretary of State for Air for that purpose or by the Governor or some person authorised by the Governor for that purpose.

　　　4. A reference in any document to these directions or to any of the provisions thereof shall, unless the context otherwise requires, be construed as referring to these Directions as amended by any subsequent Directions for the time being in force.

SECTION III.

AERODROME AND AIR PORT.

　　　　5. With reference to Article 8 (5) of the Order, the Government Aerodrome, that is to say,-

the ground area near Kowloon City, part of the Kowloon Bay or Kai Tak Reclamation, within and bounded by the water line along the seawall from a point towards the eastern end of such reclamation indicated by a boundary stone marked "K.T.A. 6" to another point towards the western end of such reclamation indicated by a boundary stone marked "K.T.A. 1"; and by the public road or roads from the said boundary stone marked "K.T.A. 1 to a point near New Kowloon Inland Lot No. 132 indicated by a boundary stone marked "K.T.A. 3, thence due east to a boundary stone marked "K.T.A. 4" and thence in a south westerly direction to a boundary stone near New Kowloon Inland Lot No. 63 and marked "K.T.A. 5", and thence

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932. 23

by a line to the said boundary stone on the seawall marked "K.T.A. 6" is hereby sanctioned for the use of aircraft, and is hereby approved as a regular place of departure or landing of aircraft carrying passengers for hire or reward: Such Aerodrome, together with the following water area, Viz. That part of Kowloon Bay lying to the North of a line drawn East and West through Channel Rocks,

shall be the Air Port of this Colony and shall be under the control of the Director of Air Services. A map showing the said Air Port is deposited at the Sub-Registry of Aircraft established in this Colony. (See paragraph 7).

6.-(1) On the arrival of aircraft, -

www.

(a) from a healthy area-no medical examination is necessary;

(b) from an infected area-a medical inspection of passengers and crew on land- ing may be carried out by a Government medical officer if thought desirable.

　　　(2) In the event of a case of illness of an infectious nature occuring en route, the infected person and baggage shall be disembarked and be dealt with as may be directed by a Government medical officer, who may require disinfection of the aircraft and baggage.

(3) On the departure of aircraft-no person suffering from an infectious disease shall be allowed to embark, or to be carried.

SECTION IV.

REGISTRATION OF AIRCRAFT.

7. With reference to paragraph 1 of Schedule I to the Order, a Sub-Registry of Aircraft is hereby established at the Harbour Office in this Colony.

　　　8. With reference to Article 4 (1) of the Order and Schedule I thereto, the person for the time being holding the office of Director of Air Services is hereby appointed Registrar of Aircraft for the Colony.

9. Within fourteen days of the importation into this Colony of any aircraft the owner thereof shall fill in and send to the Registrar of Aircraft, Harbour Office, Victoria, Hong Kong, a form containing the particulars set out in Form No. 1 obtainable at the Harbour Office. This paragraph shall not apply to any aircraft consigned to some place outside the Colony and in transitu on any vessel as bonâ fide cargo and entered on the manifest.

10. Applications for the registration of aircraft in this Colony should be made to the Registrar of Aircraft, Harbour Office, Victoria, Hong Kong, by whom application forms will be supplied on demand.

11. The register of aircraft may be inspected at the Sub-Registry at any time during normal office hours on payment of the prescribed fee (see paragraph 92).

SECTION V.

CERTIFICATES OF AIRWORTHINESS.

12. With reference to Article 4 (1) (ii) of the Order and Schedule II thereto, applications for certificates of airworthiness should be made to the Registrar of Aircraft, Harbour Office, Victoria, Hong Kong, by whom application forms will be supplied on demand.

13. With reference to paragraph 5 of Schedule II to the Order, the owner of an aircraft applying for a certificate of airworthiness, shall present the aircraft at such place and time as may be directed, for inspection.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY, 15, 1932.

　　　14. A certificate of airworthiness will normally only be validated, issued or renewed, provided the aircraft, its instruments, equipment and installations, substantially conform to the conditions specified on the original certificate of airworthiness.

TYPE AIRCRAFT.

　　　15. No original certificate of airworthiness will be issued in this Colony for type aircraft. "Type Aircraft" is defined as the first aircraft constructed in accordance with a type design, in respect of which an application is made, under the Air Navigation Act, 1920, and any Directions issued thereunder, for a certificate of air-worthiness.

SUBSEQUENT AIRCRAFT.

　　　16. Original certificates may be issued by the Director of Air Services in respect of subsequent aircraft; "Subsequent aircraft is defined as an aircraft which, in the opinion of the Director of Air Services, conforms in all essential respects affecting the safety of the aircraft with a type aircraft in respect of which a certificate of airworthiness has been issued by the Secretary of State for Air.

　　　17.-(1) Subject to (6) of this paragraph inspection of subsequent aircraft, includ- ing all such inspection as was carried out in the cases of the type aircraft by the Secre- tary of State, will be carried out by an adequate inspecting staff provided by the con- structor for the purpose.

(2) The constructor shall fulfil the following conditions:-

(a) All materials used in the construction of the aircraft shall be in accordance with the specifications approved for the type design and every batch of such material shall be proved to comply with such specification by suitable examination, sampling and testing by approved methods.

(b) The constructor's inspecting staff referred to in (1) of this paragraph shall stamp, or otherwise provide means for the identification of, each detail and part approved by them for incorporation in the aircraft, in such a way that the individual responsible for such approval can subsequently be identified. (c) Only details and parts which have been approved in accordance with (b) of this paragraph may be issued by the constructor to the shops for assembly into components.

(d) The constructor shall maintain an efficient process inspection during the work of assembly, and record the progress of such inspection for each com- ponent. Every component shall be finally inspected and approved by a qualified member of his inspection staff who shall stamp the component in such a way that he may afterwards be identified as the person responsible, and shall also sign the inspection record.

(e) Operations such as heat treatment of steels, seasoning and conversion of timber, glueing of important parts, doping, etc., must be carried out by approved methods.

(ƒ) The constructor shall ensure that all components and parts obtained from sub-contractors have been inspected and approved in accordance with these conditions.

(g) The constructor (of the aircraft or engine, as may be arranged) shall ensure that all engines have been inspected and approved in accordance with these conditions and have undergone, to the satisfaction of the Director of Air Services, such tests as may be required by him. The constructor shall provide adequate facilities for these tests.

(h) The constructor shall satisfy the Director of Air Services that the specified instruments and equipment have been manufactured, and any repairs thereto executed, under approved conditions, and that such instruments comply with current specifications approved by him.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932.

(i) The aircraft constructor shall ensure by suitable inspection that all engines, instruments and parts (including wiring for electrical equipment other than wireless apparatus) that are fitted into the aircraft are so installed as to function correctly, and, if wireless telegraphy or wireless telephony appar- atus is fitted, that the installation of such apparatus, including bonding and screening, is not such as to prejudice the operation of the aircraft and is in conformity with such requirements as may have been laid down by the Governor. The individuals responsible for such inspection shall be indicated by signatures on the inspection record referred to in (d) of this paragraph.

　　(3) The constructor shall satisfy the Director of Air Services that his inspecting staff are such as to ensure that aircraft passed by them conform in all essential respects to the type aircraft.

(4) On completion of the construction of the aircraft and of flying trials under para- graph 18, a final inspection of the aircraft as regards its fitness for flight shall be made by a representative or representatives of the constructor holding ground engineer's licences in Categories A and C for the type of aircraft concerned, and, if the result of this inspection warrants it, a certificate of fitness for flight, in a form satisfactory to the Director of Air Services, shall be furnished to him.

　　(5) On completion of the whole of the inspection operations specified above, the constructor shall forward to the Director of Air Services a summary of the inspection record of the aircraft. For this purpose, A.M. Form 1221 (copies of which can be obtained on demand) shall be used, and a separate form employed for each aircraft. All the particulars required by the Form must be given.

　　(6) When the constructor does not possess adequate facilities or adequate staff or is for any other reason unable to fulfil all or any of the requirements of this paragraph other arrangements for fulfilling these requirements may be sanctioned by the Director of Air Services.

　　18. After completion of the aircraft, flying trials will be carried out by the appli- cant's or constructor's pilot under approved arrangements.

19. Following the receipt by the Director of Air Services of an application form duly completed, a certificate of airworthiness will be granted subject to compliance with paragraphs 17 and 18.

INSTRUMENTS AND EQUIPMENT.

　　20. With reference to Article 14 of the Order, the instruments and equipment with which an aircraft is required to be fitted for the purpose of the issue of a certificate of airworthiness are, in the case of flying machines as follows:-

Air speed indicator.

Altimeter.

Such gauges as are considered necessary by the Director of Air Services for the

particular installation.

Revolution indicator.

WEIGHT.

　　21. Every flying machine shall, if required, be weighed to the satisfaction of a representative of the Director of Air Services:-

(a) Before a certificate of Airworthiness is issued in respect thereof; and

(b) At such times after the issue of a certificate of airworthiness as the Director

of Air Services may require.

　　22. Every flying machine for which a certificate of airworthiness is for the time being in force shall bear clearly painted upon it in a prominent position :-

(a) Its weight empty (including water in radiators), as ascertained at its last.

previous weighing; and

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932.

(b) The maximum total weight authorised for it, as shown for the time being in

its certificate of airworthiness,

and shall carry displayed in a prominent position inside it a weight schedule showing what items of equipment (if any) are included in the "weight empty (including water in the radiators)" as painted on it.

MODIFICATIONS SUBSEQUENT TO THE ISSUE OF CERTIFICATE.

23.-(1) If at any time the Governor or the Secretary of State for Air consider modifications to an aircraft, in respect of which a certificate of airworthiness is in force, to be necessary for safety, the Governor may require such modifications to be carried out as a condition of the certificate of airworthiness remaining in force.

(2) The owner of an aircraft in respect of which a certificate of airworthiness is in force, shall not carry out any modifications (including changes of equipment or its installation) which affect the safety of the aircraft without first obtaining the approval of the Director of Air Services.

　　　　(3) The Director of Air Services may, in case of modifications affecting the structure of the aircraft, the engine, or the installations, or any modifications affecting the naviga- tion of, or the pilot's view while navigating the aircraft, require, in respect of the aircraft proposed to be so modified, the submission of an application for a new certificate of airworthiness. Pending a decision on this application, the aircraft in question may only be flown in its unmodified state.

CLASSIFICATION OF FLYING MACHINES.

24. A certificate of airworthiness will only be issued for the appropriate category and subdivision of the aircraft as is provided in paragraph 25, and in the case of valida- tion or renewal, the category and subdivision for which the original certificate of airworthiness was issued will be adhered to.

25. The following are the categories and subdivisions under which flying machines are classified: -

(1) Normal category :

Subdivision (a); Public transport machines for passengers.

Subdivision (b); Public transport machines for mails.

Subdivision (c); Public transport machines for goods.

"Public transport machines" are defined as those which may be used for

flight with passengers, mails, or goods, for remuneration.

Subdivision (d); Private machines. "Private machines are defined as those which (i) are the property of an aeroplane club, or (ii) may be used for purposes other than either the carriage of passengers, mails, or goods for remuneration or any other industrial purpose:

Subdivision (e); Aerial work machines.

"Aerial work machines" are defined as

those which may be used for industrial purposes not included in the defini- tion of public transport machines. (These purposes, which may depend on the incorporation of special structural features or equipment, may be limited by the certificate of airworthiness).

(2) Special category :-

are

Subdivision (f); Racing or record machines. "Racing or record machines

defined as those which are specially intended or arranged for the purpose of sporting or technical performances, to the exclusion of any other use. Subdivision (g); Research or experimental machines. "Research or experi- mental machines are defined as those which are specially intended or arranged for the purpose of experimenting in flight with regard to new apparatus and checking the results thereof, to the exclusion of any other use.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932. 27

(3) Acrobatic category :

Subdivision (a) to (g) in the two preceding categories.

NOTES. (i) All machines in the normal and special categories are limited to straight flying, i.e., are precluded from any evolution which might cause abrupt variations in the height or altitude of the machine.

(ii) The flight of machines in the special category may be limited, as a precau-

tionary measure, to certain areas and to certain periods.

(iii) Machines in the acrobatic category are not restricted to straight flying.

26. Classification of individual machines. -(1) The category in which a machine may be given a certificate of airworthiness will depend mainly upon its load factors.

　　27.-(1) The subdivisions, which are the means of further classifying machines according to the purposes for which they may be used, are defined above.

These definitions are not, however, to be understood as necessarily restricting a machine to use for the purpose of only one subdivision, for, as indicated in paragraph 28 (2) below, it may be used for the purpose of more than one subdivision, provided that (except in the case mentioned in (2) (i) of this paragraph) the subdivisions concerned are specified on its certificate of airworthiness.

(2) (i) A public transport machine for passengers may be used for the carriage of passengers without remuneration.

(ii) The classification of a machine only under subdivision (d) does not enable it to be used for the purposes of public transport.

(iii) A machine will be classified as an aerial work machine under subdivision (e) for the special purposes for which its structural features and/or equipment are accepted as satisfactory.

EMPLOYMENT OF MACHINES.

28.--(1) A machine may be employed, in any given flight, solely for the purpose of one of the subdivisions in which it is classified on its certificate of airworthiness, provided that in that flight all requirements (including those in respect of the equip- ment and operation of the machine) which attach to the subdivision concerned are complied with.

　　(2) A machine may be employed, in any given flight, for the purpose of more than one of the subdivisions in which it is classified on its certificate of airworthiness, provided that in that flight all requirements (including those in respect of the equip- ment and operation of the machine) which are common to the subdivisions concerned are complied with, and in cases where differences occur between the requirements attached to the subdivisions in question the highest standard is satisfied.

(3) A machine classified in any one of the subdivisions (a) to (ƒ) inclusive, and/or category 3 may take part in any sporting competitions.

29. In the event of its being desired to use a machine for purposes of subdivisions other than those stated on its certificate of airworthiness, an application for reclassifica- tion should be forwarded to the Registrar of Aircraft, Harbour Office, Victoria, Hong Kong, prior to the machine being used for such purposes. The application should be accompanied by all the necessary particulars to show that all requirements in respect of the proposed new classification are satisfied.

The application will be submitted for decision by the Governor. Prior to the issue of a new certificate of airworthiness by the Director of Air Services the machine may only be used for the purposes shown in its original certificate of airworthiness.

28 THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932.

30. Application for a certificate of airworthiness.-When applying for a certificate of airworthiness for a flying machine an applicant should state the proposed category and the purpose or purposes for which it is proposed to employ the machine in question.

SECTION VI.

GROUND ENGINEERS.

31. With reference to paragraph 7 of Schedule II to the Order, the issue of licences to persons desirous of being licensed as competent persons for the inspection and certi- fication of aircraft in accordance with Section VII of these Directions and for other purposes in connection with the Order and these Directions is normally carried out by the Secretary of State for Air. Persons so licensed, and persons licensed by the Governor for such inspection and certification as herein mentioned are herein referred to as "ground engineers".

32. A ground engineer's licence will only be issued by the Governor with the approval of the Secretary of State for Air, and subsequent to a report by the Director of Air Services, in each case, as to the competence of the applicant, accompanied by a medical certificate of fitness, after medical examination in accordance with paragraph 83, and a recommendation by the Director of Air Services that the licence be issued to the applicant.

33. Subject as appears in paragraphs 31 and 32, a person may be licensed as a ground engineer in any of the following categories,

A.-Inspection of aircraft before flight.

B.-Inspection of aircraft after overhaul. C.-Inspection of aero-engines before flight. D.-Inspection of aero-engines after overhaul. X.-Other duties as specified in the licence.

34. In order to qualify for the issue of a ground engineer's licence, a candidate--

(a) Must not be under 21 years of age;

(b) Must have passed an examination held by the Director of Air Services, or

approved by him for the purpose; and

accordance with paragraph 36 below.

35. Syllabuses of the examinations for the various categories may be obtained on application to the Director of Air Services Harbour Office Hong Kong.

36.-(1) As regards licences in Categories A, B, C and D, a candidate will normally be required to have had at least two years' satisfactory practical experience-

(4) On aircraft construction and/or maintenance in the case of an application for

a licence in Category A and/or Category B.

(i) On aero-engine construction and/or maintenance in the case of an application

for a licence in Category C and/or Category D.

Provided, however, that in lieu of such two years' practical experience, proof may be accepted that the candidate has otherwise acquired adequate knowledge of the con- struction or maintenance of aircraft or aero-engines as the case may require.

(2) As regards licences in Category X, a candidate will be required to have had such practical experience as, in the opinion of the Director of Air Services, will enable him to perform satisfactorily the duties for which the licence is required.

37. Where a candidate's experience or knowledge is limited to any particular type or types of aircraft or engine, a licence may be granted in respect of such type or types only.

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THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932. 29

　　38. Applications for licences should be made to the Director of Air Services by whom application forms will be supplied on demand. After forwarding to the Director of Air Services a completed application form, the applicant will be directed where and when to report for examination.

　　39.-() Aircraft and/or engines certified by licensed ground engineers or autho- rised persons may, from time to time, be re-inspected by a person or persons duly autho- rised by the Director of Air Services, to whom is reserved the right to cancel, suspend or endorse licences granted as above should such certified aircraft be deemed by him as a result of such examination to be unsafe.

　　(ii) The circumstances in which the licence of a ground engineer may be cancelled, suspended or endorsed include, in particular, cases where the ground engineer has signed a certificate in a category for which he is not licensed: Provided that a licence which is not issued in this Colony, will only be suspended or endorsed, pending reference to the Secretary of State for Air.

　　40. Subject to the proviso in paragraph 39 (ii) the right is reserved to the Director of Air Services to cancel, suspend or endorse the licence of a ground engineer who signs a certificate in a category for which he is not licensed.

　　41. Subject to the proviso in paragraph-39 (i) the Director of Air Services may, on sufficient grounds being shown to his satisfaction, after due inquiry and with the approval of the Governor, cancel, suspend or endorse the licence of a ground engineer in circumstances other than those specified in paragraphs 39 (7) and 40.

　　42. Ground engineers' licences will be valid for a period of twelve months, and will then be subject to renewal. The right is reserved to the Director of Air Services to re-examine the candidate for renewal if considered necessary.

　　43. Applications for the issue or renewal of ground engineers' licences, should be forwarded to the Director of Air Services, Harbour Office, Victoria, Hong Kong, by whom application forms will be supplied on demand.

SECTION VII.

INSPECTION AND CERTIFICATION BEFORE FLIGHT AND AFTER OVERHAUL, REPAIR, ETC.

Passenger or Goods Aircraft.

　　44. The following provisions shall apply to British aircraft registered in this Colony or flying in or over this Colony, and, in either case, carrying passengers or goods for hire or reward, except in the event of special provision being made for the adminis- tration in this Colony of any Rules or Regulations of the country of origin of such aircraft.

(1) Any such aircraft flying on a regular scheduled air service and any aircraft of the Hong Kong Flying Club shall not fly unless it has within twenty-four hours of the commencement of any flight been inspected and certified as safe for flight in accordance with this paragraph, nor during such twenty-four hours if in the course thereof the aircraft has landed owing to a defect which is not such as would in accordance with ordinary aeronautical practice be remedied by the pilot or crew, unless it has, after such defect has been remedied, been again inspected and certified as aforesaid:

Provided that--

(a) if, after leaving the place at which it was last so certified as aforesaid, it has been accidently delayed through some cause other than such a defect as aforesaid, it may proceed to any destination which but for the delay it would have reached within twenty-four hours since it was certified under this paragraph;

(b) nothing in this provision shall require the landing or re-inspection of

any aircraft which is actually in flight.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932.

(2) Any such aircraft not flying on a regular scheduled air service shall not fly unless within the seven days next before it last left its ordinary station of operations it has been inspected and certified as safe for flight in accordance with this paragraph.

(3) An inspection under sub-paragraph (1) of this paragraph shall be carried out by a ground engineer licensed for the purpose, and an inspection under sub-paragraph (2) of this paragraph shall be carried out by such a ground engineer, or by a person authorised by the Director of Air Services for the purpose, and shall in all instances be in accordance with the conditions set out in paragraph 47.

A person authorised by the Director of Air Services for the purpose of carrying out an inspection under sub-paragraph (2) of this paragraph shall possess qualifications not lower than those required for the issue of Ground Engineer's Licences (Categories A or C, or both see paragraph 33) that is to say, if he is authorised to carry out an inspection of all or certain aircraft (as the case may be) before flight, he must possess all or certain of the qualifications (as the circumstances of the case may require) required for a licence in Category A, and, if he is authorised to carry out an inspection of all or certain aero-engines (as the case may be) before flight, he must possess all or certain of the qualifications (as the circumstances of the case may require) required for a licence in Category C, and, if he is authorised to carry out both an inspection of all or certain aircraft before flight, and an inspection of all or certain aero-engines before flight, he must possess all or certain of the qualifications (as the circumstances of the case may require) required for both licence in Category A and a licence in Category C.

(4) If the result of the inspection is satisfactory a certificate under this paragraph in the form set out in paragraph 48 stating that the aircraft is safe for flight shall be signed in duplicate by the person who has carried out the inspection.

(5) A period of twenty-four hours or seven days (as the case may be) for the purposes of sub-paragraphs (1) and (2) of this paragraph shall be reckoned from the time stated in the certificate as the time when the inspection was completed.

45. Of the copies of any such certificate as is mentioned in paragraph 44 (4) one copy shall, if the certificate was issued by a person in the employment of the owner of the aircraft, be retained by the owner, and if not issued by such a person be sent by the pilot to the owner, and shall in either case be kept by the owner for six months from the date of the certificate and the duplicate copy shall be carried in the journey log-book of the aircraft until a fresh certificate under the said paragraph is issued and then sent by the pilot to the owner to be kept by him until the expiration of the said period of six months.

ALL AIRCRAFT.

46.-(1) The pilot of every British aircraft registered in the Colony shall satisfy himself before commencing any flight that-

(a) the aircraft is equipped with the prescribed instruments;

(b) the aircraft and its instruments and equipment are fit in every way for the

proposed flight ;

certificate of airworthiness;

(d) the view of the pilot is not interfered with by any obstruction not forming

part of the structure of the aircraft; and

(e) sufficient fuel, oil, and water are carried for the proposed flight.

　　　(2) In the case of an aircraft carrying passengers or goods for hire or reward, the pilot shall, before commencing any flight, sign in duplicate a certificate in the form set out in paragraph 49.

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THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932. 31

　　(3) The certificates mentioned in the foregoing sub-paragraph shall be dealt with in accordance with paragraph 45.

　　47.-(1) The inspection of an aircraft under paragraph 44 (1) shall be in accord- ance with the following provisions:-

(a) Inspection of the aircraft (including its instruments and equipment, but exclusive of the engine or engines and engine installation, and of the instru- ments relating thereto), shall be carried out by a ground engineer licensed in Category A in respect of aircraft of the type in question. (See paragraph 33).

(b) Inspection of the engine or engines and engine installation and of the instru

ments relating thereto shall be carried out by a ground engineer licensed in Category C in respect of engines of the type or types in question.

(c). The whole of the inspection may be carried out by the same ground engineer provided that he is licensed both in Category A and in Category C in respect of aircraft and engines of the types in question.

(d) No part of the inspection may be carried out by the pilot of the aircraft.

　　(2) The inspection of an aircraft under sub-paragraph (2) of paragraph 44 shalf be either in accordance with the provisions of sub-paragraph 1 of this paragraph, or in accordance with the same provisions but with the substitution of a person authorised by the Director of Air Services under paragraph 44 (3) to inspect aircraft for a ground engineer licensed in Category A and a person authorised by the Director of Air Services. under paragraph 44 (3) to inspect engines for a ground engineer licensed in Category C.

　　48. The certificate as to the safety of the aircraft for flight required by paragraph 44 (4) shall be in the following form:-

CERTIFICATE OF SAFETY FOR FLIGHT.

Aircraft type....

Nationality and Registration Marks...

(a) I hereby certify that I have this day inspected the above aircraft (including its instruments but exclusive of the engine(s) and engine installation and of the instruments relating thereto) and that I am satisfied that it is safe in every way for flight, provided that the conditions for loading specified in the certificate of airworthiness are complied with.

The time at which this inspection was completed was..

Date.......

Signed....

Ground Engineer, Licence No........

Authorised Inspector.

Time.....

　　　(b) And I hereby certify that I have this day inspected the engine(s) and engine installation (including the instruments relating thereto) of the above aircraft, and that I am satisfied that they are in every way fit for flight.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932.

The time at which this inspection was completed was..

Signed..

Ground Engineer, Licence No.........

Authorised Inspector.

Date...

Time....

49. The certificate to be signed by the pilot under paragraph 46 (2) before commencing any flight shall be in the following form and contain the following particulars :--

Aircraft type.....

Nationality and Registration Marks.

Preparatory to flight from..

to.....

I hereby certify that I have satisfied myself that :---

(a) The aircraft is equipped with the prescribed instruments and equipment. (b) The aircraft and its instruments and equipment are fit in every way for the

proposed flight.

certificate of airworthiness.

(d) The view of the pilot is not interfered with by any obstruction not forming

part of the structure of the aircraft.

(e) Sufficient fuel, oil and water are carried for the proposed flight.

Date.....

Signed......

Pilot.

Time.......

SECTION VIII.

OVERHAULS, REPAIRS, ETC.

　　　　50.--(1) When any aircraft with respect to which a certificate of airworthiness issued by the Secretary of State, the Director of Air Services or other competent authority, is or has been in force is overhauled, repaired or modified, or when any part thereof is replaced, all the conditions required for the inspection of subsequent aircraft during construction which are applicable to such overhaul, repair, modification or replacement must be complied with and a certificate of such compliance, in accordance with the terms of this paragraph, must be given before the aircraft again flies.

(2) Such certificate shall be appended to particulars of the overhaul, repair, modi- fication or replacement to which it relates and shall be in the following form:--

I hereby certify that, in carrying out

the

overhaul

repair

modification

replacement

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932. 33

specified above, all the conditions required for the inspection of subsequent aircraft during construction, which are applicable thereto, have been complied with.

Signed.....

Date...

　　　(3) Such certificate shall be signed by a ground engineer qualified under the terms and conditions of his licence to carry out the overhaul, repair, modification or replace- ment to which the certificate relates, or by the authorised representative of a firm or company approved for the purpose of giving such certificates. Provided that if the overhaul, repair or replacement has been carried out at a Royal Air Force aerodrome by Royal Air Force personnel the certificate may be signed by the officer in charge of workshops at that aerodrome.

　　　(4) Such certificate shall, when relating to the aircraft exclusive of the engine or engines, be written in the aircraft log book, and, when relating to the engine or engines, be written in the engine log book. Provided, however, that if the appropriate log book is not at the place where the overhaul, repair, modification or replacement is carried out, the certificate may be given separately for the log book, in which case it shall be pasted in the log book as soon as reasonably practicable and meanwhile shall be kept with the journey log book. Provided further that, in the case of aircraft which are not passenger or goods aircraft and for which aircraft and engine log books are not kept, the certificate shall be entered in some other suitable book and that such book shall be produced on. demand for the inspection of the Director of Air Services.

(5) When damage occurs to the main structure of an aircraft in respect of which a certificate of airworthiness issued by the Secretary of State or the Director of Air Services, or other competent authority, is in force, the aircraft shall not again fly until such damage has been repaired in accordance with the requirements of this paragraph and to the satisfaction of the person by whom the certificate required by this paragraph is signed.

51.-(1) A ground engineer who carries out an inspection under paragraph 50 shall be qualified in accordance with the following provisions:-

(a) Inspection of the aircraft (including its instruments and equipment, but exclusive of the engine or engines and engine installation, and of the instru- ments relating thereto), shall be carried out by a ground engineer licensed in category B, in respect of aircraft of the type in question, (see paragraph 33).

(b) Inspection of the engine or engines and engine installation and of the instru- ments relating thereto shall be carried out by a ground engineer, licensed in Category D, in respect of engines of the type or types in question.

provided that he is licensed both in category B and in category D.

(2) A person authorised by the Director of Air Services under paragraph 44 (3) who carries out an inspection under paragraph 50 shall be authorised to carry out inspections in the appropriate class (aircraft or engines) as defined in sub-paragraphs (1) (a) and (1) (b) of this paragraph.

SECTION IX.

INSTRUMENTS AND EQUIPMENT.

52. With reference to Article 14 of the Order, the instruments and equipment to be carried and maintained in working order in British aircraft registered in the Colony when flying, are in the cases indicated, as follows:

Flying machines.

(i) In all flying machines :-----

(a) For all flights-

Air speed indicator;

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932.

Altimeter;

Such guages as are considered necessary by the Governor for the

particular installation;

Revolution indicator;

Safety belt for each person (including the pilot or pilots) whether

carried in an open cock-pit or not.

(b) For flights which extend beyond a radius of three miles from the point

of departure---

Equipment, as required by the circumstances of the case, for making the signals prescribed for aircraft in section II of Schedule IV, of the Order.

Navigation lights;

Illumination for instruments and equipment.

(ii) In amphibian flying machines :----

Indicator of position of landing wheels.

(iii) In flying machines carrying passengers or goods for hire or reward :-

(a) For flights which extend beyond a radius of 20 miles beyond the point

of departure--

Compass;

Watch;

Turn indicator except for flying machines in which the number of seats (including those of the crew) as shown in the certificate of airworthiness is not more than five.

Map or maps to cover the whole route of the proposed flight.

(b) For flights on which, under Article 6 (2) of the Order a licensed

navigator is required to be on board-

Drift indicator except for flying machines in which the number of seats (including those of the crew) as shown in the certificate

of airworthiness is not more than five.

board:-

Chart table;

Navigation instruments.

Also when the pilot's instruments are not readily visible to the

navigator: second air speed indicator;

Second altimeter;

Second compass.

(d) For flights, at any point of which the machine is more than ten miles

from the nearest land :-

Life-belt for each person on board.

(e) For flights by night :-

Landing lights.

With regard to paragraph 52:

(a) The instruments and equipment must be of types approved by the

Governor or Secretary of State for Air.

(b) The expression flight by night" means a flight any part of which

takes place between sunset and sunrise.

SECTION X.

WIRELESS APPARATUS.

　　　53. With reference to Article 15 of the Order, every British aircraft registered in the Colony and capable of carrying ten or more persons including the crew shall, when carrying passengers or goods for hire or reward, carry apparatus for wireless telegraphy

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THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932. 35

capable of sending and receiving morse or spoken messages by wireless telegraphy, which is of a type approved by the Director of Air Services, and the installation of which (including bonding and screening) is in accordance with requirements laid down. by him.

　　54. Such apparatus shall be operated under the conditions defined by the Interna- tional Radio-telegraph Convention of Washington.

55. The installation and use by wireless telegraphy stations of spark waves (types B of the General Regulations annexed to the International Radio-telegraph Convention of Washington), is prohibited on board aircraft.

56. The application of the regulations in this section of these Directions may be suspended when, owing to the absence of land wireless telegraphy organisations available for air traffic, the employment of apparatus for wireless telegraphy on board aircraft would serve no useful purpose.

57. In this Section of these Directions: ---

References to the number of persons which an aircraft is capable of carrying, relate to the number of persons for whom seating accommodation is normally provided in the aircraft as shown in its certificate of airworthiness.

The expression "wireless telegraphy" has the same meaning as in the Wireless

Telegraphy Ordinance, 1926.

SECTION XI.

LOG-BOOKS.

58. With reference to Schedule III of the Order, applications for the issue of journey log-books should be made, accompanied by the prescribed fee, to the Director of Air Services, Harbour Office, Victoria, Hong Kong. Such books will be issued only in respect of individual aircraft, and the first page of each book will be completed by the Director of Air Services before issue.

59. Aircraft log-books, engine log-books and pilot's log books shall, respectively, be, in all essentials, in the form of the following authorised patterns, viz: the Aircraft Log Book (C.A. Form 27) the Engine Log Book (C.A. Form 28) and the Pilot's Log Book (C.A. Form 24), all published by His Majesty's Stationery Office, London.

60. Entries in journey log-books, except those on the first page and any visas by the aeronautical or Customs authorities, shall be made and signed by the pilot or navigator in the case of the left-hand pages, and by the pilot in the case of the right-hand pages.

61. Journey 'log-books shall be kept so as to furnish all the information and particulars for which they provide, and the instructions for use set out therein shall be complied with. Provided, however, that :---

(i) The use of the left-hand pages is optional.

(ii) When an aircraft is engaged in a number of flights upon the same day on all of which the aircraft returns to the point of departure after a flight of less than thirty minutes, entries in respect of the whole of such flights may be included on a single right-hand page of the log-book. In that event the actual number of flights so included and the total duration of these flights shall be shown.

62. Entries in aircraft and engine log-books other than the original entries:-

(a) In the case of a certificate under paragraph 50, shall be made and signed in

accordance with that paragraph.

(b) In other cases shall be made and signed by a licensed ground engineer, except that, as regards matters which could not have come to the notice of a licensed ground engineer, the entries shall be made and signed by the pilot..

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932.

63.-(1) Aircraft log-books, engine log-books and pilot's log-books shall be kept so as to furnish all the information and particulars provided for in the authorised patterns referred to in paragraph 59, and the instructions for use set out in such authorised patterns shall be complied with, subject to these directions.

　　　The term 'repairs" in the authorised patterns shall be deemed to include all overhauls, replacements, repairs and work of a like nature.

(2) When repairs to an aircraft or engine have been required in consequence either of damage caused by a forced landing or of defects which have occasioned a forced landing, the entry of such repairs made in the aircraft or engine log-book shall state that they have been so required, and shall identify the forced landing in question by referring to the entry thereof contained in the journey log-book.

64. Entries in the journey log-books and the pilot's log-book shall be made at latest within 24 hours after the event to which they relate, and the relevant particulars in the journey log-book shall be entered in the aircraft or engine log-book at latest within 24 hours after the return of the aircraft to its station.

SECTION XII.

PERSONNEL TO BE CARRIED BY BRITISH AIRCRAFT.

　　　65. The provisions contained in paragraphs 66 to 69 shall apply to British aircraft registered in this Colony."

NAVIGATORS.

66. A navigator who holds a first or second class licence shall be on board-

(i) every flying machine used for the international carriage of passengers or

goods for hire or reward and having to fly without landing-

(a) more than 100 miles over inhabited regions, or more than 100 miles but not more than 625 miles entirely over the high seas or un- inhabited regions;

(b) by night, more than 16 miles but not more than 625 miles; and

(ii) every airship of less than 700,000 cubic feet capacity, for every flight by day

or by night.

67. A navigator who holds a first class licence shall be on board-

(1) every flying machine used for the international carriage of passengers or goods

for hire or reward and having to fly without landing-

(a) more than 625 miles entirely over the high seas or uninhabited

regions; or

(b) by night, more than 625 miles; and

(2) every airship of 700,000 cubic feet capacity, or more for every flight by day

or by night.

68.-(1) A flying machine pilot who holds the necessary navigator's licence may, even if he is alone on board, fulfil the duties of navigator-

(a) in the case of day flights over inhabited regions, or

(b) in the case of day flights of not more than 625 miles over the high seas or

uninhabited regions, or

such by the competent authorities.

(2) Unless a second pilot is on board, who can in case of need take charge of the flying machine, a flying machine pilot shall not perform the functions of navigator, either on a continuous flight of more than 625 miles over the high seas or uninhabited regions, or (except in the case provided for in sub-paragraph (1) (c) of this paragraph) on a flight by night.

(3) When, in addition to the pilot, an aircraft is required to have on board another member of the crew, the latter, if he holds the necessary navigator's certificate, may fulfil the duties of navigator in the cases provided for in paragraphs 66 and 67.

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THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932. 37

69. For the purpose of paragraphs 66 to 68:-

(a) The expression an "uninhabited region means a region where, in conse- quence of the sparsity of the population, and of the absence of natural land- marks or of the insufficiency of the maps, the difficulties of navigation are similar to those met with over the high seas.

(b) The expression "night" means the period commencing one hour after sunset

and terminating one hour before sunrise.

(c) The expression a "flight over the high seas means a flight in the course of which an aircraft finds itself over the sea at a distance of more than 65 miles from the nearest point of the coast.

SECTION XIII.

LICENSING OF PERSONNEL.

General.

　　70. With reference to Article 4 (1) (iii) of the Order and Schedule V thereto, appli- cations for the grant or validation of licences under that Schedule should be made to the Director of Air Services by whom particulars of the requirements for obtaining a licence and application forms will be supplied on demand.

71. Licences remain valid for the following periods

(a) Pilot's licence to fly aircraft carrying passengers or goods for hire or reward or being flown for any industrial purpose: not more than six months where the holder is of the male sex, and not more than three months where the holder is of the female sex.

(b) Any other pilot's licence: not more than twelve months.

(c) Licence to navigate aircraft: not more than six months where the holder is of the male sex, and not more than three months where the holder is of the female sex.

MEDICAL REQUIREMENTS.

Private Pilot's Licence.

　　72. A person applying for the grant of a pilot's licence to fly aircraft other than aircraft carrying passengers or goods for hire or reward or being flown for any industrial purpose (i.e., a Private Pilot's Licence, as referred to in paragraph 86) will be required to undergo a medical examination by a Government medical officer, at the Government Civil Hospital, or at the Victoria Hospital, or at the Kowloon Hospital, or by a Medical Practitioner approved by the Governor for the purpose, or if such person is a member of the Hong Kong Volunteer Defence Corps, by a duly appointed medical officer of the

corps.

　　73. This medical examination will be based upon the following requirements of mental and physical fitness :-

(a) Good family and personal history, with particular reference to nervous stability, as to which information shall be given in a statement made and signed by the applicant and satisfactory to the medical examiner.

(b) The applicant must not be under seventeen years of age.

(c) General Surgical Examination.-The applicant must neither suffer from any wound or injury, nor have undergone any operation, nor possess any abnor- mality, congenital or acquired, which might interfere with the safe handling of aircraft under ordinary conditions.

Palpation of the abdomen and abdominal viscera, particularly the pyloric, vesicular, duodenal and appendicular regions, whenever it reveals any swelling or distinct pain, must be completed by a radioscopic and radio- graphic examination.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932.

Any surgical intervention in the biliary passages or the digestive tube, except appendicitis, involving a total or partial excision or a diversion of one of these organs, any anatomical lesion in the walls of any part whatever of the digestive tube, any stricture of its calibre, any calculus or foreign body, any peritoneal lesion, established by clinical or laboratory examinations, will entail rejection. Exception may be made for spasmodic strictures not accompanied by other troubles, and for ptoses compensated by a good abdominal musculature.

Diseases of the liver (including those of the biliary passages) and of the pancreas will in cases where it is deemed necessary be verified by laboratory examination, particularly by radiography as well as by an examination of the blood and of the urine, and will entail rejection only if they afford indication of the existence of a calculus, tumour or lesion involving a persistent impairment of function of these organs.

(d) General Medical Examination.--The applicant must not suffer from any disease or disability which renders him liable suddenly to become incom- petent in the management of aircraft. He must possess heart, lungs and nervous system in a state to withstand the effects of altitude. He must be free from kidney disease, and must not present any clinical sign of syphilis, or have any cardiac lesion.

(e) Eye Examination. The applicant must possess, with correction by glasses if necessary, a visual acuity equal to at least 80 per cent. of the normal visual acuity for each eye taken separately, or 90 per cent. for one eye and 70 per cent. for the other, the visual acuity being measured by means of standard test types powerfully illuminated in such a manner that the light does not shine directly into the eyes of the examinee. Binocular vision, ocular poise, the field of vision of each eye and colour perception must be normal. (f) Ear Examination.--The middle ear must be healthy. The applicant must possess an auditory acuity not less than that corresponding with the percep- tion of the whispered voice at one metre. The vestibular mechanism must be intact and not hypersensitive. It must be equal on both sides.

(g) Nose, Throat and Mouth Examination.-The applicant must possess free tubal

air entry on both sides.

Provided, however, that a person who does not satisfy the above requirements may, at the discretion of the Governor, be accepted as eligible for the issue of a licence, so far as medical requirements are concerned, if he has previously been found medically fit for flying.

Provided also that a person to whom a Private Pilot's Licence has been granted shall undergo medical re-examination if and when so required by the Director of Air Services.

Pilot's Licence for Passenger or Goods Heavier-than-air Aircraft and Navigator's Licence.

74. In the following paragraphs 75 to 82, unless the context otherwise requires, the word "licence" means a pilot's licence to fly aircraft heavier-than-air carrying passengers or goods for hire or reward or being flown for any industrial purpose or a licence to navigate heavier-than-air aircraft.

75. A person applying for the grant of a licence will be required to undergo medical examination as follows:-

(a) A preliminary examination conducted either by a duly qualified medical practitioner, who may be the applicant's usual medical attendant, or by specially qualified medical officers in conjunction with the special examina- tion referred to in (b) below.

(b) A special examination conducted by specially qualified medical officers

appointed by or acting under the authority of the Governor.

76. Preliminary Examination. This examination will be based on the following requirements:-

The applicant must have the complete use of his four limbs, must not be completely deprived of the use of either eye and must be free from any

THE HONG KONG GOVERNMENT GAZETTE, JANUARY, 15, 1932. 39

active or latent, acute or chronic, medical or surgical, disability, or infection. He must be free from any injury or wound which would entail any degree of functional incapacity which might interfere with the safe handling of aircraft at any altitude even in the case of prolonged or difficult flight. He must be completely free from hernia, must not suffer from any detectable sensory lesion, and must be free from a history of morbid mental or nervous trouble. 77. Special Examination.-This examination will be based on the following requirements of mental and physical fitness :-

(a) The applicant will be questioned concerning his family and personal history. (b) Examination of the nervous system. The examination of the nervous system of the applicant shall comprise a full inquiry into family and personal history. The information obtained shall be given in a statement made and signed by the applicant and accompanied, if possible, by a certificate in regard especially to losses of consciousness, fits and convulsions of all kinds, from the applicant's ordinary medical advisor or a responsible person who has known him for a long time. This statement and this certificate must be deemed satisfactory by the examining medical officer.

The applicant must not present any mental or trophic impairment, pathological tremor, or presumptive evidence of latent epilepsy. Motility, sensibility, tendinous, cutaneous and pupillary reflexes, co-ordination of movements and cerebellar functions, must be normal. An exception may be made for local peripheral trouble due to accidental section of a nerve branch.

Fractures of the cranium involving the internal table of the cranial box, even without apparent impairment, will entail temporary unfitness during a period of two years from the date of the fracture.

Any presumed nervous syphilis will entail rejection, unless the non- existence of such an impairment is proved by an examination of the blood and an examination of the cerebro-spinal fluid, made with the consent of the applicant.

　tors may not enter upon their duties before 19 or after 45 years of age. (d) General Surgical Examination.--The applicant must neither suffer from any wound or injury, nor have undergone any operation, nor possess any abnormality, congenital or acquired, which might interfere with the safe handling of aircraft at any altitude, even in the case of prolonged or difficult flight.

Any surgical intervention of the biliary passages of the digestive tube, except appendicitis, involving a total or partial excision or a diversion of one of these organs, any anatomical lesion in the walls of any part whatever of the digestive tube, any stricture of its calibre, any calculus or foreign body, any peritoneal lesion, established by clinical or laboratory examinations, will entail rejection. Exception may be made for spasmodic strictures not accompanied by other trouble and for ptoses compensated by a good abdominal musculature.

(e) General Medical Examination.--The applicant must not suffer from any disease or disability which renders him liable suddenly to become incom- petent in the management of aircraft. His muscular power must be adequate for the handling of the types of aircraft he will have to pilot or the apparatus

he is to use.

典

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932.

He must not have any signs of aneurism of the large arterial trunks, nor have any cardiac lesion, even if well compensated; the heart must be normal, with normal function, and only respiratory arrhythmia, increase of pulse rate from excitement or exercise and a general slow pulse not associated with auriculo-ventricular dissociation will be allowed.

The applicant must not suffer from any acute disability of the lungs, nor possess any cicatricial lesion of the lungs, and must be free from tuber- culosis capable of being diagnosed by the usual clinical methods, from tracheobronchial disease of the glands, and from pulmonary emphysema, even if slight. In addition, each examination shall include a radioscopy record in doubtful clinical cases.

The applicant must not present any signs of organic disease of the kidneys; these latter must be insensitive to palpation and of normal size. Renal ptosis will entail rejection. The urine must not contain any patho- logical element. Affections of the urinary passages and of the genital organs, even blennorrhoea, may entail temporary or definite uufituess.

Applicants of the female sex must present a normal uterus and append- Cases in which surgical intervention has taken place will be con- sidered individually. Any presumed pregnancy will entail rejection.

ages.

The applicant must not present any clinical signs of syphilis.

) Eye Examination.-The applicant must possess a degree of visual acuity compatible with the efficient performance of his duties. Binocular vision, ocular poise, the field of vision of each eye and colour perception must be normal.

Pilots must possess, without correction by glasses, visual acuity equal to at least 80 per cent. of the normal visual acuity for each eye taken separately, or 90 per cent. for one eye and 70 per cent. for the other, the visual acuity being measured by means of standard test types powerfully illuminated in such a manner that the light does not shine directly into the eyes of the examinee.

Navigators must possess the same visual acuity, but with correction by glasses if necessary.

(g) Ear Examination.--The middle ear must be healthy. The applicant must possess an auditory acuity not less than that corresponding with the normal perception of the tuning forks C (1) 64 vibrations per second, C (3) 256 vibrations per second and C (7) 4,096 vibrations per second, the forks being held perpendicularly to the ground one centimetre from the auditory tube. The vestibular mechanism must be intact and not hypersensitive; it must be equal on both sides.

(h) Nose, Throat and Mouth Examination.-The applicant must possess free nasal and tubal air entry on both sides and must not suffer from serious, acute or chronic affections of the buccal cavity or upper respiratory tract.

78. In the case of persons who have previously been found medically fit for flying, certain relaxations of the requirements set out in paragraph 77 may be made at the discretion of the Governor.

79. A person applying for the renewal of a licence will be required to undergo a medical examination conducted by medical officers or practitioners referred to in para- graph 75. This examination will be based on the requirements set out in paragraph 77, but certain relaxations thereof may be made at the discretion of the Governor.

80. An applicant who satisfies the medical requirements will receive a medical certificate of acceptance, which must be produced before the licence can be granted.

81. In order to ensure the maintenance of efficiency, every holder of a licence shall

be re-examined and pronounced fit before resuming air duties:-

(a) Whenever he has performed a total of 125 hours flying in the capacity of pilot of a flying machine within any period of 30 consecutive days since his last medical examination under these directions.

态

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932. 41

(b) After illness or accident (including, in the case of licence holders of the female

sex, confinement or miscarriage).

82. The date and result of each re-examination, whether for the purpose of renewal of the licence or in consequence of illness or accident, will be recorded on the licence.

GROUND ENGINEERS AND OPERATING CREW.

　　83. A ground engineer, and an engineer who is a member of the operating crew of aircraft will be required to undergo a medical examination and to obtain a medical certificate to the effect that he is fit to carry out his duties as ground engineer or to serve in the operating crew of aircraft, as the case may be. Such medical examination shall be made and the certificates of acceptance shall be produced when required by the Director of Air Services.

　　84. Applications for medical examination by a Government medical officer should be made at the above mentioned Hospitals, or at Headquarters of the Hong Kong Volunteer Defence Corps in the case of volunteer personnel.

PROOF OF COMPETENCY.

85. With reference to paragraphs 1 and 2 of Schedule V to the Order, the proofs of competency required in the case of a person applying for a licence as pilot shall (subject as hereinafter provided) consist of his having passed to the satisfaction of the Director of Air Services the respective tests and examinations specified in paragraphs 86 to 88 below.*

PILOTS OF FLYING MACHINES.

Pilot's Licence for private flying machines ("A Licence").

86. The tests and examination for a pilot's licence to fly flying machines other than flying machines carrying passengers or goods for hire or reward or being flown for any industrial purpose shall be as follows:--

(1) Practical Tests.-In each practical test the candidate must be alone in the

flying machine.

(a) Test for altitude and gliding flight: A flight which shall finish with a glide, the engines being cut off at not less than 2,000 feet above the landing or alighting area. The landing shall be made. without re-starting the engine and within 150 yards or less of a point fixed beforehand by the official examiners of the test.

(b) Tests of skill: A flight without landing around two posts (or buoys) situated 500 yards apart, making a series of five figure-of- eight turns, each turn reaching one of the two posts (or buoys). This flight shall be made at an altitude of not more than 600 feet above the ground (or water) without touching the ground (or water). The landing shall be effected by:--

(i) Finally shutting off the engine at latest when the aircraft

touches the ground (or water).

(ii) Finally stopping the flying machine within a distance of 50

yards from a point fixed by the candidate before starting.

(2) Technical Examination.-(a) Knowledge of rules as to lights and signals, general rules for air traffic, and special rules for air traffic on and in the vicinity of aerodromes open to public use.

(b) A practical knowledge of international air legislation. Provided that, for the

purpose of the grant of such licences:-

(a) Persons who are qualified as Royal Air Force Pilots may be

exempted from the above practical tests.

* As regards flying experience, see paragraphs 87 (3).

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932.

(b) A Royal Aero Club Certificate, if issued on or after the 1st February, 1920, may be accepted in lieu of the passing of the above practical tests, and if issued on or after the 1st November, 1922, may be accepted in lieu of the passing both of the above practical tests and of the above technical examination.

Pilot's Licence for Passenger or Goods Flying Machines ("B Licence").

　　　87. The tests and examination for a pilot's licence to fly flying machines carrying passengers or goods for hire or reward or being flown for

being flown for any industrial purpose shall be as follows:-

(1) Practical Tests.- In each practical test, except as otherwise specified, the

candidate must be alone in the flying machine.

(a) The same tests as are required under (1) (a) and (b) of paragraph 86 for a private pilot's licence. Candidates already in possession of the latter licence, or of a Royal Aero Club Certificate issued on or after the 1st February, 1920, are not, however, required to pass these tests again.

(b) A left hand and right hand spin.

(e) Two cross country or oversea flights of at least 200 miles each.

As regards one of these, the flight shall be made in the same aircraft within eight hours, shall include two obligatory landings (when the machine must come to rest at points, other than the point of departure, fixed beforehand by the examiners) and shall terminate with a landing at the point of departure. During this flight a height of a least 6,500 feet shall be maintained for one hour.

As regards both flights the candidate will at the time of departure be informed of his course and furnished with the appro- priate map. The examiners will decide whether the course has been correctly followed.

(d) A cross country or oversea flight of at least 200 miles with an examiner on board and including three forced landings at points selected by the examiner.

(e) General flying for about half an hour with an examiner on board and

including five landings.

(f) A night flight of at least thirty minutes made between two hours after sunset and two hours before sunrise at a height of at least 1,500 feet.

(g) A candidate who desires a licence permitting him to fly a type of flying machine equipped with two or more engines will be required to undergo a practical test of his ability to fly and manoeuvre such a machine with each engine in turn completely throttled down.

(2) Technical Examination.-Candidates will submit themselves when summoned

to examination on :-

(a) Flying machines: Theoretical knowledge of the laws of the resis- tance of the air especially as concerns its effects on wings and tail planes, rudders, elevators and airscrews; functions of the different parts of the machine and of their controls.

Assembling of flying machines, propellers, undercarriages, rudders, elevators and their controls.

Practical tests on rigging.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932. 43

(b) Engines: General knowledge of internal combustion engines, and

their various functions; valve gear, carburation, ignition, exhaust.

Characteristics of aero engines and a general knowledge of

their construction, adjustment and assembling.

Des-

Causes of the faulty running of engines. Fuel and oils. cription of the details of the aero engines used. Adjustments, lubrication, upkeep, dissembling and assembling of the principal parts; causes of breakdown. Use of throttle and other controls.

Practical tests in running repairs.

(d) Map reading, use of compass, location of position, and elementary

meteorology.

Knowledge of rules as to lights and signals, general rules for air traffic, and special rules for air traffic on and in the vicinity of aerodromes open to public use.

Practical knowledge of the special conditions of air traffic and of international air legislation.

　　Provided that, for the purpose of the grant of such licences, persons who are quali- fied as Royal Air Force Pilots may be exempted from the above tests and examination, except as regards the subjects of the examination, specified in (d). Such exemption may be made conditional upon the satisfactory completion of a special flying test.

(3) Flying experience.

(a) An applicant for the issue of a licence will be required to produce satisfactory evidence that he has carried out, during the twelve months preceding the date of application, at least 35 hours flying as a pilot in sole charge of a flying machine. The evidence normally required for this purpose will consist of the production of a pilot's log-book recording such flying, or of a certificate issued by a responsible authority or person approved for the purpose by the Director of Air Services.

(b) An applicant for the renewal of a licence will be required to produce in respect of the preceding twelve months the same evidence as is mentioned in sub-paragraph (a) that he has recent reasonable flying experience on the class of flying machines for which the renewal is required, or, failing such proof to undergo practical tests. The maximum period for which an applicant for the issue or renewal of a licence may not have flown but yet may be considered to have recent reasonable flying experience is six months.

General.

88. The practical tests specified in paragraphs 86 and 87 respectively shall be carried out within a maximum period of one month.

They may be carried out in any order. They shall be witnessed by at least two properly accredited examiners who will hand over the official reports to the proper authorities.

The practical tests specified in paragraph 86 may be attempted twice during the course of an official flying test. A candidate who fails in any of the practical tests specified in paragraph 87 (1) will be required to carry out a further official flying test, but will be exempted from any part of such a test passed at the first attempt, subject to the provision in the first sentence of this paragraph.

　　The official reports will give full details of the flights, especially of the landings. The candidates shall furnish, before each test, proof of identity, which the examiners have the right to demand.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932.

　　!. A barograph shall be carried on all practical tests, and the graph signed by the two examiners shall be attached to their report.

　　　　89. Official Observers and Examiners.-Official observers and properly accredited examiners shall be persons approved for the purpose by the Director of Air Services.

　　　　Navigators' licences (second class) will normally be validated, issued or renewed only in the case of those persons who have previously held a licence (second class) issued by the authorities of some other part of His Majesty's Dominions or of a foreign country; the validation issue or renewal will be subject to the fulfilment of the conditions as to medical fitness set out below and production of such satisfactory evidence of competency as may be required.

　　　　With the approval of the Secretary of State for Air, and subsequent to a report by the Director of Air Services, in each case, as to the competence of the applicant, accompanied by a medical certificate of fitness after medical examination in accordance with the provisions of this Section, and a recommendation by the Director of Air Services. that the licence be issued to the applicant, the Governor may issue a navigators' licence (second class) to any person who has not previously held a navigators' licence (second class) issued elsewhere, and subject as above mentioned, may renew licences so issued.

　　　　90. Other Licences.-(1) The conditions on which licences are granted by the Secretary of State for Air to (a) navigators; (b) airship pilots; (c) balloon pilots; are set out in the current Air Navigation Directions published by His Majesty's Stationery Office, London.

　　　　(2) Any tests required by the Director of Air Services to be carried out, in addition to the medical tests, in pursuance of paragraph 87 (3) (b) of this section, will be in accordance with the conditions set out in the Air Navigation Directions issued by the Secretary of State for Air, for the time being and from time to time in force in Great Britain.

　　　　91. With reference to proviso (b) to Article 4 (1) of the Order, and proviso (c) to Article 5 (1) thereof, a flying machine may be flown by a person not holding a pilot's licence for the purpose of becoming eligible for the issue of such a licence, provided. that the following conditions are complied with:-

i) The flight must start from, take place within three miles of, and finish at a licensed aerodrome, a Royal Air Force Aerodrome, or an aerodrome under the control of the Governor or Secretary of State for Air.

(ii) Before the flight is commenced notice that it is being undertaken for the purpose stated above must be given to the person in charge of the aerodrome from which the flight starts.

(iii) No passengers may be carried.

SECTION XIV.

FEES.

A. Registration.

　　　　92.-(a) The fee chargeable on the issue of a certificate of registration of an air- craft shall be $10.

(b) The fee chargeable for the inspection of the register of aircraft shall be $1.

B. Airworthiness.

　　　#93. The fee chargeable for the renewal or issue of any certificate of airworthiness shall be

For single engine aircraft of classes AA., A. and B. men-

tioned in paragraph 95

For other aircraft

$ 50.00

100.00

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932. 45

94. The fee chargeable for the validation of a certificate of airworthiness issued elsewhere than in this Colony shall be such a fee, not exceeding $100, as is in the opinion of the Director of Air Services reasonable.

C. Aerodromes.

　　95-(a) The minimum fee chargeable for the issue or renewal of a licence for an aerodrome shall be $10, the travelling expenses of the nearest qualified officer who inspects the aerodrome and the fee if any of the inspecting officer.

　　(b) Landing Fees.-These will be charged in accordance with the following scale in respect of the cost of maintenance and administration of the aerodromes and landing grounds.

For single landing.

Class AA. Small type, less than 500 square feet... Class A. Small type, over 500 square feet but not

exceeding 900 square feet

...$

1.00

2.50

...

Class B.

Medium type, over 900 square feet but not

exceeding 1,800 square feet

5.00

Class C.

Large type, over 1,800 square feet

10.00

Class D.

Aircraft of large type, fitted with more than

two engines

15.00

　　The area of an aircraft, governing its classification for this purpose, is the product of the span by the length. In the case of aircraft with folding wings, the span is measured with the machine in flying condition.

　　(c) Housing Fees.-Such fees and charges as may be laid down from time by the Director of Air Services and published in the Gazette.

D. Medical Examinations.

96. A charge will be made in respect of every medical examination made by a Government medical officer, and be payable as are other Government medical charges. The charge for an examination for a Private Pilot's Licence ("A" licence) shall be $15, and for the examinations for a Pilot's Licence for Passenger or Goods Aircraft ("B licence) shall be $30. The charge for examination for a Navigator's Licence (second class), a Ground Engineer's Licence, or of a member of an operating crew of aircraft shall be $15. The charge for a further medical examination or re-examination shall be $10. Such charges will include in the case of acceptance, the medical certificate of acceptance.

E. Personnel.

97. In addition to the charges for medical examinations mentioned in paragraph 96 and any charges made by medical practitioners duly authorised to make such examinations, the following fees shall be chargeable in respect of the issue and renewal of licences to personnel

(a) For the issue of a pilot's licence-

Technical examination

Flying test ("A" licence)...

Licence

("B" licence)

(b) For the issue of a second class navigator's licence-

Technical examination

Licence

$ 5.00

10.00

50.00

5.00

$40.00

5.00

10.00

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932.

(d) For the renewal or validation of licences-

For

For Flying

For

Nature of Licence.

Technical Examination. Test. (if

(If required).

Licence.

required).

Pilot ("A" licence)

$5.00

$10.00

$5.00

B❞ licence)

5.00

50.00

5.00

Navigator (second class)

40.00

5,00

Ground Engineer

5.00

LOG-BOOKS.

98. The following fees shall be chargeable in respect of the issue of log-books:---

Pilot's log-book

Engine log-book

Signal log-book

Journey log-book

Aircraft log-book

$1.50

2.50

Continuation log-books will not be issued until the former log-book (if any) has been produced to the Director of Air Services, or to a person authorised by him for the purpose, and passed by the Director of Air Services, or by such person, as having been completed and in order, or until the failure to produce the former log-book has been duly accounted for to the satisfaction of the Director of Air Services.

　　　The loss of any log-book shall forthwith he reported to the Director of Air Services, in writing.

The finding or recovery of any log-book shall forthwith be reported by the person finding or recovering the same to the Director of Air Services, in writing, and if the finder is not the owner, the log-book shall be delivered to the Director of Air Services, or be forwarded to him by post, as soon as possible.

GENERAL.

　　　99. A fee of $5 shall be charged for the issue of a duplicate certificate or licence of any kind when the original is lost or destroyed.

　　　100. An application for any certificate or licence or for the renewal of any certi- ficate or licence shall be accompanied by a remittance to cover all the fees payable for the issue or renewal as the case may be, but when in any case the certificate or licence is not issued or renewed, the Governor may refund to the applicant such proportion of the sum paid as represents any investigation, calculation, inspection, test or examination. which has not been carried out as a result of the application.

　　　101. All fees are payable at the office of the Registrar of Aircraft, Harbour Office, Victoria, Hong Kong. Cheques should be made payable to "The Hong Kong Govern-

ment.

　　　102. The Governor may pay all or any portion of the fees collected in accordance with this section to any private person, association or company, in consideration of their having carried out any portion of the work involved in the granting of the licence or certificate.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932. 47

SECTION XV.

MASTER PILOT'S CERTIFICATES (FLYING MACHINES).

　　103. With reference to paragraph 5A of Schedule V to the Air Navigation (Con- solidation) Order, 1923, applications for the issue of master pilot's certificates for flying machines should be made to the Secretary (D.C.A.), Air Ministry, London, W.C.2, by whom application forms will be supplied on demand.

　　104. Master pilot's certificates will be issued either for land flying machines or for marine flying machines.

　　105. The qualifications required in order to obtain a master pilot's certificate are as follows:-

(1) The applicant (a) must be the holder of a current pilot's licence to fly flying machines carrying passengers or goods for hire or reward or being flown for any industrial purpose ("B" licence,") issued under the Order, (b) must have held such a licence for at least five years, and (c) during those five years must have flown for at least 1,000 hours as pilot.

(2) His flying experience as pilot must have included :

(i) 200 flying hours on either (a) single-engined flying machines of at least 300 horse power, or (b) multi-engined flying machines, but so that at least 100 hours shall have been on multi-engined machines, and also so that the 200 hours shall have been wholly on land flying machines or wholly on marine flying machines according as to whether the application is for a certificate for land or for marine. flying machines; and

(ii) Twenty cross country or oversea flights, each of a minimum duration

of one hour and both commenced and completed at night.

(3) He must be the holder of a current second class or first class licence to

navigate aircraft issued under the said Order of 1923.

106. In place of any of the above qualifications the Secretary of State may accept other qualifications which appear to him to be substantially equivalent.

107. A master pilot's certificate will not require to be renewed.

SECTION XVI.

LICENSED AERODROMES.

108. With reference to Article 8 of the Order, applications for aerodrome licences should be made to the Director of Air Services by whom application forms will be supplied on request.

109. Licensed aerodromes are divided into two main categories:-

(a) Aerodromes licensed for use only by the licensee and by individuals speci-

fically authorised by him.

(b) Aerodromes licensed for public use.

110. Aerodromes are licensed either for all types of aircraft or for certain specified types.

　　　111. An aerodrome licence may be granted for any period up to a maximum of twelve months, and on each occasion of renewal, may be renewed for a period not exceeding twelve months.

48 THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932.

　　　　112. The licensee shall obtain before any work is commenced, the approval of the Director of Air Services to any proposed alterations and additions to a site for which an aerodrome licence has been granted, where such alterations or additions may affect the safety of aircraft using the aerodrome.

In particular, where it is proposed to erect buildings or structures, or alter the area of ground occupied by and/or the height above ground of existing buildings or struc- tures, a plan on a scale of 1/2500 shall be rendered to the Director of Air Services, clearly indicating the new area occupied, or the alteration of area, if any, together with full particulars of the height above ground of each such new or altered building or structure. Failure to obtain such approval will render the licence liable to be with- drawn.

113. Adequate first-aid appliances must be kept at all licensed aerodromes.

SECTION XVII.

DROPPING OF ARTICLES FROM AIRCRAFT.

114. With reference to Article 13 of the Order :-

The dropping of the following articles is permitted:

(1) Smoke-producing or other apparatus or material dropped for the purpose of navigating an aircraft, where the approval of the Director of Air Services to the type of apparatus and method of use has previously been notified.

(2) Message bags and apparatus for dropping articles to the ground, and articles so dropped, where the approval of the Director of Air Services to the type of apparatus, method of use, and place where the dropping is to take place, has been notified, and subject to any other conditions which may be laid down.

SECTION XVIII.

PROHIBITED AREAS.

115. No photograph may be taken from an aircraft of any portion of the Colony except with the special permission in writing of the Governor and subject to any con- ditions which may be attached to such permission.

116. In this section,

SECTION XIX.

CUSTOMS.

(Article 23 (4) of the Order.)

"Importer" shall include any owner or other person for the time being possessed of or beneficially interested in any goods imported within the jurisdiction of the Colony from the time of the importation thereof until they shall, on pay- ment of the duties thereon or otherwise, be delivered or discharged from the custody or control of the Superintendent.

"Superintendent' means the Superintendent of Imports and Exports, and includes any officer for the time being or at any time performing the duties of the office of Superintendent of Imports and Exports; and includes any person deputed or authorised by the Superintendent to execute any power or perform any duty vested in or imposed upon him by these Directions.

Examination Station " means a space at a Customs aerodrome allotted by the

Director of Air Services as an examination station;

"Pilot" includes person in charge.

"Customs Officer" shall include Revenue Officer.

Other expressions have the same meaning as in the general provisions of the

Order.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932. 49

Customs Aerodromes.

117. The Government Aerodrome is approved as a Customs aerodrome.

Arrival at and Departure from Customs Aerodromes.

118. An aircraft entering the Colony from a place outside the Colony shall not land in the Colony for the first time in any journey except at a Customs aerodrome.

Provided that this paragraph shall not apply where an aircraft is compelled to land before arriving at a Customs aerodrome, owing to accident, stress of weather, or unavoidable cause, in which event the procedure laid down in paragraph 134 of this section shall be followed.

119. No aircraft shall fly to a place outside the Colony unless its place of final departure is a Customs aerodrome.

Provided that this paragraph shall not apply where an aircraft is compelled to land after leaving a Customs aerodrome owing to accident, stress of weather, or unavoidable cause; in this event the provisions of paragraph 132 of this section shall be complied with.

　　120. (1) No person in any aircraft entering the Colony shall carry or allow to be carried in the aircraft any goods the importation of which is prohibited by any law for the time being in force in the Colony.

(2) No person in any aircraft leaving the Colony shall carry or allow to be carried in the aircraft any goods the exportation of which is prohibited by any law for the time. being in force in the Colony.

　　(3) No person in any aircraft entering the Colony shall break or alter any seal placed upon any part of the aircraft or upon any goods therein by a customs officer at the aerodrome from which he departed for the Colony.

　　121. An aircraft shall not enter or leave the Colony having any secret or disguised place adapted for concealing goods.

Arrival at Customs Aerodrome.

　　122. The pilot of an aircraft arriving at a Customs aerodrome from a place outside the Colony shall, on landing, forthwith take his aircraft to the examination station at that aerodrome.

　　Provided that a pilot shall not be deemed to have contravened or failed to comply with this direction if he proves that circumstances over which he had no control prevented him from taking his aircraft to the examination station, and that, after the report required by paragraph 123 of this section has been duly made by him, all goods carried in the said aircraft were removed to the examination station in the presence of an officer of the Customs.

　　123. Within twenty-four hours after the landing at any Customs aerodrome of an aircraft from a place outside the Colony the pilot shall-

(a) make a report to the proper officer of Customs in the form prescribed by the

Superintendent; and

(b) truly furnish the several particulars required by such form; and

deliver to such officer with such report his journey log-book, manifest and declaration of the goods on board his aircraft signed by the proper customs officer at the aerodrome from which he departed for the Colony; and

(d) land at such aerodrome for examination of baggage all passengers carried in such aircraft, and, after making such reports, shall produce, and, if required to do so, shall land, all goods in such aircraft for examination.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY, 15, 1932.

Departure for foreign destination from Customs Aerodromes.

　　　　124. The pilot of every aircraft in which goods are to be exported shall, before any goods are taken on board, deliver to the proper officer of Customs a notice of departure. for a foreign destination in the form prescribed by the Superintendent, in which shall be truly stated the particulars required by such form.

　　　　125. (1) The pilot of every aircraft about to proceed direct to any place outside the Colony shall deliver in duplicate, to the proper officer of Customs at a Customs aerodrome, together with the journey log-book belonging to the aircraft, an application for clearance from that aerodrome in the form prescribed by the Superintendent, and also, if the aircraft carries any goods, a manifest and declaration in the form prescribed by the Superintendent, declaring the goods and stores on such aircraft, and shall truly state. therein the particulars required by such forms respectively; and such forms, when signed by such officer, shall be the customs clearance.

　　　　(2) A pilot shall not depart in any such aircraft from the Colony until he has produced the customs clearance to the Director of Air Services, or to some person, authorised by him in that behalf, and has obtained authority for departure issued by the Director of Air Services or by a duly authorised person, and, after obtaining such authority, shall not call at any other place in the Colony before proceeding to his foreign destination. Any pilot intending to land at one or more Customs aerodromes before proceeding to his foreign destination shall apply for his clearance and authority at the last Customs aerodrome at which he lands.

Importation, Entry and Unloading of Goods.

126. A person importing goods in an aircraft shall not bring the goods into any place in the Colony other than a Customs aerodrome, or unload the goods from any aircraft except at an examination station (unless such goods are unloaded in the presence of an officer of Customs under the provisions of paragraph 122 of this section) and shall not unload the goods except between such hours as the Superintendent prescribes, or remove the goods from an examination station unless the goods have first been duly entered in the manner provided by this section and produced to the proper officer of Customs and duly cleared by him.

　　　　127. A person shall not remove from any aircraft any goods imported therein until the report required by paragraph 123 of this section has been made, and the authority of the proper officer of Customs has been obtained.

128. The importer of any goods imported in aircraft shall deliver to the Superin- tendent or to the proper officer of Customs an entry of such goods in accordance with the provisions of the enactments relating to dutiable goods or to importation, and shall truly furnish thereon the several particulars required by the form of entry, and shall pay to the proper officer of Customs all duties chargeable thereon at the times and in the manner prescribed by the said enactments.

Provided that no entry shall be required in respect of the baggage of passengers.

129. All goods imported into a Customs aerodrome in any aircraft shall be duly entered and unladen within seven days from the time of the arrival of such aircraft at the aerodrome or within such further period as the Superintendent may allow.

130. All goods imported in aircraft which have not been examined and cleared by the proper officer of Customs shall be stored in a transit shed at the Customs aerodrome, and no person shall remove such goods from the transit shed before examination and clearance by such officer.

Exportation of Goods.

131.-(1) The exporter of any goods intended for exportation in aircraft shall deliver to the proper officer of Customs at the Customs aerodrome from which such aircraft is cleared to its foreign destination, an entry in the form prescribed by the

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932. 51

Superintendent and shall truly state in such form the particulars thereby required; and such form when signed by the proper officer of Customs shall be the clearance and authority for the exportation of such goods.

(2) A person shall not export goods in such aircraft until such authority has been given by the proper officer of Customs.

132. A person shall not without the consent of the proper officer of Customs unload from any aircraft any goods loaded therein for exportation which have been cleared under paragraph 131 of this section, or open, alter or break any lock, mark or seal placed by any officer of Customs on any goods in any aircraft about to depart from the Colony.

General Provisions.

　　　133. If any officer of Customs in the execution of his duties boards any aircraft in any place, the pilot thereof shall not convey him in the aircraft away from such place without his consent.

　　　134. If any aircraft arriving from a place outside the Colony shall land in any place other than a Customs aerodrome, the pilot shall forthwith report to an officer of Customs or police officer, and shall on demand produce to such officer or police officer the journey log-book belonging to the aircraft, and shall not allow any goods. to be unloaded therefrom without the consent of an officer of Customs, and no passenger thereof shall leave the immediate vicinity without the consent of an officer of Customs or police officer. If such place of landing shall be an aerodrome, the pilot shall forthwith report the arrival of the aircraft and the place whence it came to the proprietor of the aerodrome, who shall forthwith report the arrival of the aircraft to an officer of Customs, and shall not allow any goods to be unloaded therefrom or any passenger thereof to leave the aerodrome without the consent of such officer.

　　　135.-(1) The proprietor of any aerodrome shall at all times permit any officer of Customs to enter and inspect his aerodrome and all buildings and goods thereon.

　　　(2) The pilot of any aircraft shall permit any officer of Customs at any time to board and inspect his aircraft, and any goods laden therein, and every such officer shall have the right of access at any time to any place to which access is necessary for the purpose of such inspection.

　　　(3) The importer or exporter of any goods imported or exported in an aircraft shall produce such goods to the proper officer of Customs at the Customs aerodrome of im- portation or exportation, as the case may be, and permit him to inspect such goods.

　　　136.-(1) The provisions of the enactments relating to dutiable goods or to im- portation, shall so far as they are applicable, apply to aircraft and to goods, mails and persons carried in or landed from them as they apply to ships and to goods, mails and persons carried in or landed from ships.

　　　(2) The Superintendent may modify the form of any document prescribed by the enactments relating to dutiable goods or to importation, so as to make such form appli- cable to aircraft or to goods carried therein.

SECTION XX.

ACCIDENTS.

　　　137. Except as mentioned in paragraph 141, the directions contained in paragraphs 138 to 140 only apply where,--

(i) the accident has involved death or personal injury to any person, whether

carried in the aircraft or not, or

(ii) the accident has caused serious structural damage, that is to say, the telescop- ing or breaking apart of the fuselage, or breaking of a main spar, or the breaking of any part of the controls, or damage by fire to any part of the aircraft; or

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932.

(iii) the accident is believed on reasonable grounds to have been caused or

contributed to by the failure in the air of any part of the aircraft.

138. In the case of every accident as aforesaid the pilot, or if the pilot is incapacitated, then the owner or hirer of the aircraft shall forthwith notify the Director of Air Services and the Officer in charge of the nearest police station.

139. Such notice to the Director of Air Services shall be in writing, and shall state the nationality and the registration marks of the aircraft; the name of the owner or hirer (if any); the name of the pilot; the date, time, place and nature of the accident; and whether death or personal injury was caused by the accident, and if so to whom.

140. The removal of the damaged aircraft is prohibited, and the aircraft shall not be in any way moved or interfered with until the permission of the Director of Air Services in that behalf has been obtained. This direction, however shall not prevent the removal or interference with the aircraft for the purpose of extricating persons or animals, or removing mails, or preventing destruction by fire, or preventing any damage. or obstruction to the public. Furthermore, baggage may be removed from the aircraft under police supervision, but if the aircraft has come from outside this Colony clearance by or with the consent of the proper officer of Customs will in any case be necessary. Furthermore, if the aircraft is wrecked on water, the craft, or any parts or contents thereof may be removed to such extent as necessary for the purpose of salving the same.

141. On the occurrence of any accident of the kind referred to in paragraph 137 of this Section, and on the occurrence of any accident whatsoever if the Director of Air Services so requires, an investigation shall be held by Director of Air Services or by a person nominated by him for the purpose. At any such investigation any person concerned in the accident and in respect of whom any responsibility, liability or claim. attaches or is likely to attach or charge is or is likely to be made will be entitled to be present and to make any statement and produce any witnesses as he thinks fit. The person by whom any such investigation is made shall draw up and sign his report to the Governor, and he may in such report make a recommendation for the cancellation or suspension or endorsement of any licence or certificate.

　　　142. Nothing contained in this Section shall be deemed to supersede or override any other step, course or action authorised by law in this Colony.

SECTION XXI.

GENERAL.

　　　143.-(1) The Governor may, from time to time, authorise such modifications and relaxations of these Directions, or any of them as may appear to him to be necessary.

(2) With reference to Article 31 (2) of the Order, an "aeroplane club" is a club formed for the purpose of furthering the interests of private flying in this Colony, whose membership is open to the public for the purpose of giving tuition in aviation, and which is approved by the Governor for these purposes, after submission of evidence as to the objects of the club and its conditions of membership. The granting of such approval shall be entirely in the discretion of the Governor.

SECTION XXII.

CARRIAGE BY AIR.

　　　144. The International Rules relating to International Carriage by Air under the Convention signed at Warsaw on the 12th October, 1929, and set out in the Appendix to these Directions, and the law for the time being and from time to time in force in this Colony relating to carriage by air, shall be complied with.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932.

APPENDIX.

CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR.

Chapter I.

OBJECT.DEFINITIONS.

Article 1.

　　(1) This Convention applies to all international carriage by aircraft of persons luggage or goods for valuable consideration. It applies equally to gratuitous carriage by aircraft performed by any person engaged in the business of an air carrier.

　　(2) For the purposes of this Convention the expression "international carriage means any carriage in which, according to the contract made by the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a trans-shipment, are situated either within the territories of two High Contracting Parties, or within the territory of a single High Contracting Party, if there is an agreed stopping place within a territory subject to the sovereignty, suzerainty, mandate or authority of another Power, even though that Power is not a party to this Convention. A carriage without such an agreed stopping place between territories subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party is not deemed to be international for the purposes of this Convention.

　　(3) A carriage to be performed by several successive air carriers is deemed, for the purposes of this Convention, to be one undivided carriage, if it has been regarded by the parties as a single operation, whether it takes the form of a single contract or a series of contracts; such carriage does not lose its international character merely because one contract or a series of contracts is to be performed entirely within a territory subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party.

Article 2.

(1) This Convention applies to carriage performed by the State or by legally con- stituted public bodies provided it falls within the conditions laid down in Article 1.

　　(2) This Convention does not apply to carriage performed under the terms of any international postal Convention.

Chapter II.

CARRIAGE DOCUMENTS.

SECTION 1.-- PASSENGER TICKET.

Article 3.

(1) For the carriage of passengers the carrier must deliver a passenger ticket which shall contain the following particulars :-

(a) the place and date of issue;

(b) the place of departure and of destination ;

(e) the agreed stopping places, provided that the carrier shall be entitled to reserve the right to alter the stopping places in case of necessity, but so that such alteration shall not have the effect of depriving the carriage of its international character;

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932.

(d) the name and address of the carrier or carriers ;

(e) a statement that the carriage is subject to the rules relating to liability

established by this Convention.

　　　　(2) Absence, irregularity or loss of the ticket does not affect, the existence or the validity of the contract of carriage, which shall none the less be subject to the rules. of this Convention. Nevertheless, if the carrier accepts a passenger without having delivered a ticket to him, he shall not have the right to avail himself of those provisions of this Convention which exclude or limit his liability.

SECTION 2.-LUGGAGE TICKET.

Article 4.

　　　　(1) For the carriage of luggage, other than small personal objects of which the passenger takes charge himself, the carrier must deliver a luggage ticket.

(2) The luggage ticket shall be made out in duplicate, one part for the passenger and the other part for the carrier.

(3) The luggage ticket shall contain the following particulars :---

(a) the place and date of issue;

(b) the place of departure and of destination;

(d) the number of the passenger ticket ;

(e) a statement that good delivery of the luggage can be made to the bearer of

the luggage ticket;

(f) the number and weight of the packages;

(g) the amount of the declared value in accordance with Article 22 (2);

(h) a statement that the carriage is subject to the rules relating to liability

established by this Convention.

　　　　(4) Absence, irregularity or loss of the luggage ticket does not affect the existence or the validity of the contract of carriage, which shall none the less be subject to the rules of this Convention. Nevertheless, if the carrier accepts luggage without having delivered a luggage ticket to the passenger, or if the luggage ticket does not contain the particulars set out at (d), (f) and (h) above, the carrier shall not have the right to avail himself of those provisions of the Convention which exclude or limit his liability.

SECTION 3.-AIR CONSIGNMENT NOTE.

Article 5.

　　　　(1) Every carrier of goods has the right to require the consignor to make out and hand over to him a document call an "air consignment note"; every consignor has the right to require the carrier to accept this document.

　　　　(2) Absence, irregularity or loss of this document does not affect the existence or the validity of the contract of carriage which shall, subject to the provisions of Article 9, be none the less governed by the rules of this Convention.

Article 6.

　　　　(1) The air consignment note shall be made out in three original parts and be handed over with the goods.

　　　　(2) The first part shall be marked "for the carrier", and shall be signed by the consignor. The second part shall be marked "for the consignee"; it shall be signed by the consignor and by the carrier and shall accompany the goods. The third part shall be signed by the carrier and handed by him to the consignor after the goods have been accepted.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932. 55

3) The carrier shall sign on acceptance of the goods.

　　(4) The signature of the carrier may be replaced by a stamp; that of the consignor may be printed or replaced by a stamp.

　　(5) If, at the request of the consignor, the carrier completes the air consignment note, he shall be deemed, subject to proof to the contrary, to have acted on behalf of the consignor.

Article 7.

　　The carrier of goods has the right to require the consignor to make out separate consignment notes when there is more than one package.

Article 8.

The air consignment note shall contain the following particulars :--

(a) the place and date of its execution;

(b) the place of departure and of destination;

(c) the agreed stopping places, provided that the carrier shall be entitled to reserve the right to alter the stopping places in case of necessity, but so that such alteration shall not have the effect of depriving the carriage of its international character;

(d) the name and address of the consignor;

(e) the name and address of the first carrier;

(f) the name and address of the consignee, if required;

(g) the nature of the goods;

(h) the number of the packages, the method of packing and the particular

marks or numbers upon them;

(i) the weight, the quantity and the volume or dimensions of the goods;

(j) the apparent condition of the goods and of the packing;

(k) the freight, if it has been agreed upon, the date and place of payment, and

the name of the person who is liable to pay it.

() if the goods are sent for payment on delivery, the price of the goods, and,

if the case so requires, the amount of the expenses incurred;

(m) the amount of the declared value in accordance with Article 22 (2);

(n) the number of parts of the air consignment note;

(0) the documents handed to the carrier to accompany the air consignment

note;

(p) the time fixed for the completion of the carriage and a brief note of the

route to be followed, if these matters have beep agreed upon.

(q) a statement that the carriage is subject to the rules relating to liability

established by this Convention.

Article 9.

If the carrier accepts goods without an air consignment note having been com- pleted, or if the consignment note does not contain all the particulars set out in Article 8 (a) to (i) inclusive and (q), the carrier shall not have the right to avail himself of the provisions of this Convention which exclude or limit his liability.

Article 10.

(1) The consignor is responsible for the correctness of the particulars and state- ments relating to the goods which he inserts in the air consignment note.

56.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932.

　　　　(2) The consignor will be liable for all damage suffered by the carrier or any other person by reason of the irregularity, incorrectness or incompleteness of the said parti- culars and statements.

Article 11.

　　　　(1) The air consignment note is prima facie evidence of the conclusion of the contract, of the receipt of the goods and of the conditions of carriage.

(2) The statements in the air consignment note relating to weight, dimensions and packing of the goods, as well as those relating to the number of packages, are prima facie evidence of the facts stated; those relating to the quantity, volume and condition of the goods do not constitute evidence against the carrier except so far as these particulars have been checked by him in the presence of the consignor, and the fact of the checking has been noted on the air consignment note, or unless the statements relate to the apparent condition of the goods.

Article 12.

　　　　(1) Subject to his liability to carry out all his obligations under the contract of carriage, the consignor has the right to dispose of the goods by withdrawing them at the aerodrome of departure or destination, or by stopping them in the course of the journey at a landing place, or by calling for them to be delivered at the place of destination or in the course of the journey to a person other than the consignee named in the air consign- ment note, or by requiring them to be returned to the aerodrome of departure. He must not exercise this right of disposition in such a way as to prejudice the carrier or other consignors and he must repay any expenses occasioned by the exercise of this right.

(2) If it is impossible to carry out the orders of the consignor the carrier must so inform him forthwith.

　　　　(3) If the carrier obeys the orders of the consignor for the disposition of the goods without requiring the production of the part of the air consignment note delivered to the latter, he will be liable, without prejudice to his right of recovery from the consignor, for any damage which may be caused by this omission to any person who is lawfully in possession of that part of the air consignment note.

　　　　(4) The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Article 13. Nevertheless, if the consignee declines to accept the consignment note or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition.

Article 13.

(1) Except in the circumstances set out in the preceding Article, the consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air consignment note and to deliver the goods to him, on payment of such sums as may be due under the contract and on complying with the conditions of carriage set out in the air consignment note.

　　　　(2) Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive.

　　　　(3) If the carrier admits the loss of the goods, or if the goods have not arrived at the expiration of seven days after the date on which they ought to have arrived, the consignee is entitled to put into force against the carrier the rights which are given to him by the contract of carriage.

Article 14.

　　　　The consignor and the consignee can respectively enforce all the rights given them by Articles 12 and 13, each in his own name, whether he is acting in his own interest or in the interest of a third party, provided that he carries out the obligations imposed by the contract.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932.

Article 15.

　　　(1) Articles 12, 13 and 14 do not affect either the relations of the consignor or the consignee with each other or the mutual relations of third parties whose rights are derived either from the carrier or from the consignee.

　　　(2) The provisions of Articles 12, 13 and 14 can only be varied by express provision in the air consignment note.

Article 16.

　　　(1) The consignor must furnish such information and attach to the air consignment note such documents as are necessary to meet the formalities of customs, octroi or police before the goods can be delivered to the consignee. The consignor is liable to the carrier for, any damage occasioned by the absence, insufficiency or irregularity of such information or of such documents, unless such damage is due to the fault of the carrier his servants or agents.

　　　(2) The carrier is under no obligation to examine the correctness or sufficiency of such information or documents.

Chapter III.

LIABILITY OF THE CARRIER.

Article 17.

　　　The carrier is liable for damage arising in case of death, maiming or other bodily injury suffered by a passenger, if the accident which caused the damage took place on board the aircraft or in the course of any of the operations of embarking or disembarking.

Article 18.

　　　(1) The carrier is liable for damage arising in the case of the destruction, loss or impairment of registered luggage or goods, if the event which caused the damage took place during the carriage by air.

(2) The carriage by air within the meaning of the preceding paragraph comprises the period during which the luggage or goods are in charge of the carrier, whether in an aerodrome, or on board an aircraft, or, in the case of a landing outside an aerodrome, in any place whatsoever.

　　　(3) The period of the carriage by air does not extend to any carriage by land, by sea or by river performed outside an aerodrome. Provided that if such a carriage: takes place in the performance of a contract for carriage by air, for the purpose of loading, delivery or trans-shipment, any damage is presumed, subject to proof to the contrary, to have been the result of an event which took place during the carriage by air.

Article 19.

　　　The carrier is liable for damage occasioned by delay in the carriage by air of passengers, luggage or goods.

Article 20.

　　　(1) The carrier is not liable if he proves that he and his servants or agents have taken all necessary measures to avoid the damage or that it was impossible for him or them to take such measures.

58 THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932.

(2) In the carriage of goods and luggage the carrier is not liable if he proves that the damage was occasioned by negligent pilotage or negligence in the handling of the aircraft or in navigation and that in other respects, he and his servants or agents have taken all necessary measures to avoid the damage.

Article 21.

If the carrier proves that the damage was caused by or contributed to by the negligence of the injured person the Court may, in accordance with the provisions of its own law, exonerate the carrier wholly or partly from his liability.

Article 22.

(1) In the carriage of passengers the liability of the carrier for each passenger is limited to the sum of 125,000 francs. Where, in accordance with the law of the Court seised of the case, damages may be awarded in the form of periodical payments, the equivalent capital value of the said payments shall not exceed 125,000 francs. Never- theless, by special contract, the carrier and the passenger may agree to a higher limit of liability.

(2) In the carriage of registered luggage and of goods, the liability of the carrier is limited to a sum of 250 francs per kilogram, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of the value at delivery and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that that sum is greater than the actual value to the consignor at delivery.

(3) As regards objects of which the passenger takes charge himself the liability of the carrier is limited to 5,000 francs per passenger.

(4) The sums mentioned above shall be deemed to refer to the French frane consisting of 65 milligrams gold on the basis of fine. These sums may be converted into any national currency in round figures.

Article 23.

1,000

Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this Convention shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this Convention.

Article 24.

(1) In the cases covered by Articles 18 and 19 any action for damages under whatever head can only be brought 'subject to the conditions and limits set out in this Convention.

(2) In the cases covered by Article 17 the provisions of the preceding paragraph also apply, without prejudice to the questions as to who are the persons who have the right to bring suit and what are their respective rights.

Article 25.

　　　(1) The carrier shall not be entitled to avail himself of the provisions of this Convention which exclude or limit his liability, if the damage is occasioned by his own. wilful misconduct or by such default on his part as, in accordance with the law of the Court seised of the case, is considered to be equivalent to wilful misconduct.

(2) The preceding paragraph shall also apply if the damage has been occasioned by the wilful misconduct, as above defined, of any servant or agent of the carrier acting within the scope of his employment.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932. 59

Article 26.

(1) Receipt by the consignee of luggage and of goods without protest is prima facie evidence that the same have been delivered in good condition and in accordance with the document of carriage.

(2) In the case of damage, the consignee must protest to the carrier forthwith after the discovery of the damage, and, at the latest, within three days from the date of receipt. in the case of luggage and seven days from the date of receipt in the case of goods. In the case of delay the protest must be made at the latest within fourteen days from the date on which the luggage or goods have been placed at his disposal.

　　(3) Every protest must be made in writing upon the document of carriage or by separate notice in writing despatched within the times aforesaid.

　　(4) Failing protest within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on his part.

Article 27.

　　In the case of the death of the person liable, the action for damages lies in accor- dance with the terms of this Convention against those legally representing his estate.

Article 28.

　　(1) The action for damages must be brought, at the option of the plaintiff, in the territory of one of the High Contracting Parties, either before the Court having jurisdic- tion where the carrier is ordinarily resident, or where he has his principal place of business, or where he has an establishment by which the contract has been made, or before the Court having jurisdiction at the place of destination.

case.

(2) Questions of procedure shall be governed by the law of the Court scised of the

Article 29.

　　(1) The right to damages shall be extinguished if an action is not brought within two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.

　　(2) The method of calculating the period of limitation shall be determined by the law of the Court seised of the case.

Article 30.

1) In the case of carriage to be performed by various successive carriers, falling within the definition set out in the third paragraph of Article 1, each carrier who accepts passengers, luggage or goods is subjected to the rules set out in this Convention, and is deemed to be one of the contracting parties to the contract of carriage in so far as the contract deals with that part of the carriage which is performed under his supervision.

　　(2) In the case of carriage of this nature, the passenger or his representative can take action only against the carrier who performed the carriage during which the accident or the delay occurred, save in the case where, by express agreement, the first carrier has assumed liability for the whole journey.

(3) In the case of luggage or goods, the consignor will have a right of action against the first carrier, and the consignee who is entitled to delivery will have a right of action against the last carrier, and further, each may take action against the carrier who performed the carriage during which the destruction, loss, damage or delay took place. These carriers will be jointly and severally liable to the consignor and the consignec respectively.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932.

Chapter IV.

PROVISIONS RELATING TO COMBINED CARRIAGE.

Article 31.

(1) In the case of combined carriage performed partly by air and partly by any other mode of carriage, the provisions of this Convention apply only to the carriage by air, provided that the carriage by air falls within the terms of Article 1.

(2) Nothing contained in this Convention shall prevent the parties in the case of combined carriage from inserting in the document of air carriage conditions relating to other modes of carriage, provided that the provisions of this Convention are observed as regards the carriage by air.

Chapter V.

GENERAL AND FINAL PROVISIONS.

Article 32.

　　　Any clause contained in the contract and all special agreements entered into before the damage occured by which the parties purport to infringe the rules laid down by this Convention, whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void. Nevertheless for the carriage of goods arbitration clauses are allowed, subject to this Convention, provided that the arbitration must take place within one of the jurisdictions referred to in the first paragraph of Article 28.

Article 33.

Nothing contained in this Convention shall prevent the carrier either from refusing to enter into any contract of carriage, or from making regulations which do not conflict with the provisions of this Convention.

Article 34.

　　　This Convention does not apply to international carriage by air performed by way of experimental trial by persons carrying on the business of air navigation with the view to the establishment of a regular line of air navigation, nor does it apply to carriage performed in extraordinary circumstances outside the normal scope of an air carrier's business.

Article 35.

　　　The expression "days" when used in this Convention means current days not work- ing days.

Article 36.

This Convention is drawn up in French in a single copy which shall remain deposited in the archives of the Ministry for Foreign Affairs of Poland and of which duly certified copies shall be sent by the Polish Government to the Government of cach of the High Contracting Parties.

Article 37.

　　　　(1) This Convention shall be ratified. The instruments of ratification shall be deposited in the archives of the Ministry for Foreign Affairs of Poland, which will notify the deposit to the Government of each of the High Contracting Parties.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932.

　　　(2) As soon as this Convention shall have been ratified by live of the High Con- tracting Parties it shall come into force as between them on the ninetieth day after the deposit of the fifth ratification. Thereafter it will come into force between the High Contracting Parties who shall have ratified and the High Contracting Party who deposits his instrument of ratification on the ninetieth day after the deposit.

　　　(3) It shall be the duty of the Government of the Republic of Poland to notify to the Government of each of the High Contracting Parties the date on which this Con- vention comes into force as well as the date of the deposit of each ratification.

Article 38.

　　　(1) This Convention shall, after it has come into force, remain open for adhesion by any State.

　　　(2) The adhesion shall be effected by a notification addressed to the Government of the Republic of Poland, which will inform thereof the Government of each of the High Contracting Parties.

　　　(3) The adhesion shall take effect as from the ninetieth day after the notification made to the Government of the Republic of Poland.

Article 39.

　　　(1) Any one of the High Contracting Parties may denounce this Convention by a notification addressed to the Government of the Republic of Poland, which will at once inform the Government of each of the High Contracting Parties.

　　　(2) Denunciation shall take effect six months after the notification of denunciation, and shall operate only as regard the Party who shall have proceeded to denunciation.

Article 40.

　　　(1) Any High Contracting Party may, at the time of signature or of deposit of ratification or of adhesion, declare that the acceptance which he gives to this Convention does not apply to all or any of his colonies, protectorates, territories under mandate, or any other territory subject to his sovereignty or his authority, or to any territory under his suzerainty.

　　　(2) Accordingly any High Contracting Party may subsequently adhere separately in the name of all or any of his colonies, protectorates, territories under mandate or any other territory subject to his sovereignty or to his authority or to any territory under his suzerainty which has been thus excluded by his original declaration.

(3) Any High Contracting Party may denounce this Convention, in accordance with its provisions, separately or for all or any of his colonies, protectorates, territories under mandate or any other territory subject to his sovereignty or to his authority, or any other territory under his suzerainty.

Article 41.

Any High Contracting Party shall be entitled not earlier than two years after the coming into force of this Convention to call for the assembling of a new international Conference in order to consider any improvements which may be made in this Conven- tion. To this end he will communicate with the Government of the French Republic which will take the necessary measures to make preparations for such Conference.

　　NOTE. The word "carrier" in the last line of Article 15 (1) should really be "consignor" there being an error in the original French text of the Convention.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932.

DATE.

ROYAL OBSERVATORY.

No. 32.-Extract of Meteorological Observations made at the Royal Observatory, Hong Kong, during the mouth of December, 1931.

BAROMETER

AT M.S.L.

TEMPERATURE,

HUMIDITY.

Max.

Mean.

Min.

Rel.

Abs.

CLOUDINESS.

SUNSHINE.

WIND.

RAIN

Mean Mean

Dir.

Vel.

Miles

December

ins.

30.18

p. e.

ins.

p. c.

hrs.

ins.

Points.

p.h.

747

69.3

65.8

0.50

.1 +

74.2

70.0

67.7

.52

10.3

10.2

15.2

17.7

3..

1+ 75-3

69.6

67.3

.55

7.8

17.3

.16

+..

74.0

69.1

65.

.53

9.7

E by N

147

5,.

.17

70.1

67.8

057

.50

5.9

E by N

16.6

.10 74.1

70.2

66.1

.54

1.6

E by N

10.6

.02

72.3

79.0 68.7

.62

100

0.085

E by N

14.0

29.93

69.8 79.4

69.0

.65

100

0.115

E by N

21.0

.96

71.9

67.2

65.3

100

3.580

NE by N

12.8

30.00

10..

69.2

66.9

65.4

0.235

ENE

9.2

29.98

68.9

67.6

65.5

.62

100

0.125

6.7

[ 2

30.15

72.0

63.6

48.5

.4 1

0.7

NNE

10.6

***

13.

.35

52.0

47-3

41.7

.13

.19

61.1

55.3

48.1

.27

10.2

4.7

N by E

11.5

0.005

ENE

7.2

15..

.19

69.6

63.2

58.7 64

.37

0.2

N by E

5.0

16.

.31

63.0

58.9

54.7 48

.24

7.5

N by E

9.7

.26

62.0

17..

59.1

55.2

.31

2.5

E by N

13.4

18..

.23

68.9

64.7

61.4 -6

.46

0.4

E by N

13.7

19..

.25

75.5

67.4

62.5

.48

9.9

N by E

4.7

.26

66.2

20..

62.9 59.7

• f 1

3.4

E by N

II.I

21..

.29

66.5

63.4 61.1

.40

9.0

E by N

15.5

22..

.30

67.2

63.1 60.4 74

.43

9.3

II.2

23,

.29

69.1

63.5

58.4

-37

10.0

NE by N

7.8

24,.

25,.

26..

27..

.25

65.7

59.2 53.1

.31

9.2

NNE

6.6

....

.23 64.0

58.8

54.0

.31

8.9

E by N

14.3

63.0

56.2 59.4

•41

0.8

0.380

13.6

.06

70.9

63.5

59.7

9.4

0.030

E by S

6.2

28.

.06

63.6

64.2 62.7

+49

0.3

E by N

17.1

.12

29,.

65.2

61.8

56.5 84

•46

0.1

ENE

12.6

30,.

.24

58.0 5+5 50.8

.28

0.6

7.8

.28

31,..

57.5

52.4

48.3

.22

1.7

7-5

Mean,

30.17

67.7

63.3

595

0.43

144.3

4.555

ENE

11.7

MEANS AND EXTREMES FOR DECEMBER :-

　Maximum,. Normals,

Minimum,

30.24

71.2

66.2

62.4

0.49

249.7

4.900

15.1

62.9 67.7 30.17

63.7 30.08

58.8

0.41

172.7

1.085

ENE

11.8

54.0

0 29

71.9

0.000

9.1

　　　The rainfall for the month of December at the Botanical Gardens was 4ins. 83 on S days, at the Matilda Hospital, Mount Kellett, it was 4ins. 71 on 11 days, at Fanling, 4ins. 19 on 7 days, and at the Police Station, Taipo, 5ins. 55 on 10 days.

The lowest reading of the barometer (M.S.L.) was 29ins. 825 at 3h 20m. on the 9th.

The maximum gust velocity as recorded by the Dines-Baxendell anemograph, was at the rate of 50 miles per hour at 6h. 19m. on the 9th.

T. F. CLAXTON,

Director.

13th January, 1932.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932. 63

ASSESSOR'S OFFICE.

No. 33. The following alterations in house numbers are hereby notified.

NEW NUMBERS.

OLD NUMBERS.

LOT

新門牌

舊門牌

NUMBERS.

VILLAGE ROAD.

山村道

REMARKS.

From Wongneichung Road N.W. corner of I.L. 2065 and N. corner of I.L. 1386

Southwards to I.L. 2270 and thence Eastwards to Sing Woo Road.

EAST AND NORTH SIDES.

一號

ODD NUMBERS.

I.L. 2065. (In reserve).

Here is Shan Kwang Road.

5-0000

三號

I.L. 2340.

五號

三號

I.L. 2841.

七號

五號

九號

七號

三五

11:

Here is Wang Tak Street.

九號

1.L. 2341. |

Here is Po Shin Street.

I.L. 2342.

(Under construction).

一五

Here is Wang Tak Street.

I.L. 2343.

Here is Shan Kwong Road.

To be No. 4 Wang Tak Street.

(In reserve).

To be No. 16 Shan Kwang

Road.

To be No. 14 Shan Kwang

Road.

七

一九

三四

L.L. 2962.

2344.

2914. 3055.

1111

一三五七九一三五七九一三五七

四五

三三三三三四四四四

四七

三三三四四四四

七八九零一二三

•9

Then Sing Woo Road.

2559.

To be No. 7 Shan Kwang

Road. "(In reserve).

(Vacant land).

THE HONG KONG GOVERNMENT GAZETTE, JANUARY, 15, 1932.

NEW NUMBERS,

OLD NUMBERS.

LOT

REMARKS.

新門牌

舊門牌

NUMBERS.

~ +

VILLAGE ROAD,-Continued.

山村道

WEST AND SOUTH SIDES.

二號

四號

六號

號號號二四六八十一

四六八零!

|四六八零

四零

三四

八號

十號

EVEN NUMBERS.

I.L. 1386.

1338.

Yeung Wo Nursing Home.

1364.

1702.

八號

2840.

To be No. 2, Po Shin Street.

2586.

No. 1 Fung Fai Terraces.

2587.

No. 2

2588.

No. 3

2589.

No. 4

2590.

No. 5

2591.

No. 6

2592.

No. 7

2593.

No. 8

2594.

2456.

No. 9 Fung Fai Terraces. No. 10 No. 11

Then Back Terrace.

1.L. 2293.

No.

Then a nullah.

I.L. 2270.

!་

1 Lung Chim Terrace. No. 2

No. 14-24 inclusive Fung

Fai Terraces.

No. 13 Yu Kwong Terrace, No. 12 No. 11

•

No. 10

No. 9

No. S

No. 7

No. 6

No. 5

No. 4

No. 3

No. 2

No. 1

2981. | (Under construction).

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932.

NEW NUMBERS.

OLD NUMBERS,

LOT

REMARKS.

新門牌

舊門牌

NUMBERS.

VILLAGE ROAD,-Continued.

山村道

WEST AND SOUTH SIDES.

EVEN NUMBERS.

Here is Shan Kwang Road.

四

pqpq

四六

四八

五零

五二

五四

五五六六六六六

五六

15th January, 1932.

五六一二三四

二二三三三四

I.L. 2912.

2983.

2551.

四四

2982.

(Under construction).

3100.

Then Sing Woo Road.

(Vacant land).

EDWIN TAYLOR,

Treasurer and Assessor of Rates.

SUPREME COURT.

No. 34.-It is hereby notified that at the expiration of three months from the date hereof The YEE WO RESTAURANT, LIMITED will, unless cause is shewn to the con- trary, be struck off the register and the company will be dissolved.

12th January, 1932.

E. P. H. LANG,

Registrar of Companies.

SUPREME COURT.

No. 35.-It is hereby notified that at the expiration of three months from the date hereof The TAI HONG STEAMSHIP COMPANY, LIMITED, will, unless cause is shewn to the contrary, be struck off the register and the company will be dissolved.

12th January, 1932.

E. P. H. LANG,

Registrar of Companies,

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 15, 1932.

NEW NUMBERS.

OLD NUMBERS,

LOT

REMARKS.

新門牌

舊門牌

NUMBERS.

VILLAGE ROAD,-Continued.

山村道

WEST AND SOUTH SIDES.

EVEN NUMBERS.

Here is Shan Kwang Road.

四

pqpq

四六

四八

五零

五二

五四

五五六六六六六

五六

15th January, 1932.

五六一二三四

二二三三三四

I.L. 2912.

2983.

2551.

四四

2982.

(Under construction).

3100.

Then Sing Woo Road.

(Vacant land).

EDWIN TAYLOR,

Treasurer and Assessor of Rates.

SUPREME COURT.

12th January, 1932.

E. P. H. LANG,

Registrar of Companies.

SUPREME COURT.

12th January, 1932.

E. P. H. LANG,

Registrar of Companies,

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 22, 1932.

No. 36.

EXECUTIVE COUNCIL,

Hong Kong.

Regulation made by the Governor in Council under section 3 of the Importation and Exportation Ordinance, 1915, Ordinance No. 32 of 1915, on the 19th day of January, 1932.

No person shall import for sale or distribution in the Colony any shaving brushes manufactured in or exported from Japan, unless such shaving brushes are accompanied by a certificate, to the satisfaction of the Director of Medical and Sanitary Services, that the same are free from anthrax infection.

...

D. W. TRATMAN,

Clerk of Councils.

COUNCIL CHAMBER,

19th January, 1932.

No. 37.

The Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, Table L, Quarantine Regulations.

It is hereby declared by order of His Excellency the Governor in Council that Pakhoi is a place at which an infectious or contagious disease, namely, small-pox, prevails.

D. W. TRATMAN,

Clerk of Councils.

COUNCIL CHAMBER,

22nd January, 1932.

APPOINTMENTS, &c.

No. 38.-His Excellency the Governor has been pleased to appoint Mr. JOHN HENRY BURKILL LEE to be Assistant Postmaster General, with effect from 1st January, 1932.

15th January, 1932.

No. 39.-His Excellency the Governor has been pleased to re-appoint, provi- sionally and subject to His Majesty's pleasure, the Honourable Sir HENRY EDWARD POLLOCK, Kt., K.Č., to be an Unoffical Member of the Legislative Council for a further period of four years, with effect from the 17th January, 1932.

22nd January, 1932.

No. 40.-His Excellency the Governor has been pleased to accept the resignation by Captain THOMAS ADDIS MARTIN, of his Commission in the Reserve of Officers of the Hong Kong Volunteer Defence Corps, with effect from 10th December, 1931.

17th January, 1932.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY, 22, 1932. 69

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. 41. The following is published for general information :-

The International Convention for the Protection of Literary and Artistic Works signed at Rome on the 2nd day of June, 1928, has been ratified by His Majesty and such ratification was deposited at Rome on the 27th day of June, 1931; and on the 6th day of August, 1931, the Government of the Swiss Federation was in accordance with Article 26 of the said Convention notified of the application of the revised Convention to all the British Colonies, Protectorates and Mandated Territories at which the Copyright Act of 1911 applies which includes this Colony.

W. T. SOUTHORN,

Colonial Secretary.

22nd January, 1932.

COLONIAL SECRETARY'S DEPARTMENT.

　　　No. 42. The following Order of His Majesty in Council is published for general information.

22nd January, 1932.

W. T. SOUTHORN,

Colonial Secretary.

STATUTORY RULES AND ORDERS, 1931.

No. 899.

International Copyright.

THE COPYRIGHT CONVENTION (LIECHTENSTEIN) ORDER, 1931.

AT THE COURT AT BUCKINGHAM PALACE,

THE 7TH DAY OF OCTOBER, 1931.

PRESENT,

THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS His Majesty, by virtue of the authority

conferred on Him by the Copyright Act, 1911, (a) and having regard to the provisions of the revised Berne Copyright Convention of 1908, (b) was pleased to make an Order in Council, dated the 24th day of June, 1912, (c) (hereinafter called the Principal Order), extending

(a) 1-2 G. 5. c. 46.

(b) Treaty Series No. 19 of 1912.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY, 22, 1932. 69

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. 41. The following is published for general information :-

W. T. SOUTHORN,

Colonial Secretary.

22nd January, 1932.

COLONIAL SECRETARY'S DEPARTMENT.

　　　No. 42. The following Order of His Majesty in Council is published for general information.

22nd January, 1932.

W. T. SOUTHORN,

Colonial Secretary.

STATUTORY RULES AND ORDERS, 1931.

No. 899.

International Copyright.

THE COPYRIGHT CONVENTION (LIECHTENSTEIN) ORDER, 1931.

AT THE COURT AT BUCKINGHAM PALACE,

THE 7TH DAY OF OCTOBER, 1931.

PRESENT,

THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS His Majesty, by virtue of the authority

(a) 1-2 G. 5. c. 46.

(b) Treaty Series No. 19 of 1912.

70 THE HONG KONG GOVERNMENT GAZETTE, JANUARY 22, 1932.

the protection of the said Act to certain classes of works to which protection is guaranteed by the said Convention.

And whereas the Principality of Liechtenstein has acceded to the said Convention :

Now, therefore, His Majesty, by and with the advice of His Privy Council, and by virtue of the authority conferred upon Him by the Copyright Act, 1911, is pleased to order, and it is hereby ordered, as follows:-

1. The Principal Order shall extend to Liechtenstein as if that country were amongst the Foreign Countries of the Copyright Union therein named, subject to the following modifications:-

(a) The provisions of Article 2, proviso (iii) (a) shall apply as if Liechtenstein were included amongst the Foreign Countries named in those provisions. (b) In the application of the provisions of Article 3 of the Principal Order to works of which the country of origin is Liechtenstein the date of this Order shall be substituted for the commencement of the Act and for the commencement of the Principal Order.

(c) In the application to such works of Sections 1 (2) (d) and 19 of the Copyright Act, 1911, the date of this Order shall be substituted for the commence- ment of the Act in Sections 19 (7) and 19 (8) wherever that expression occurs, and the 30th day of July, 1931, for the passing of the Act.

(d) In the application to such works of the provisions of Section 24 of the Copyright Act, 1911, the date of this Order shall be substituted for the com- mencement of the Act wherever that expression occurs in Subsection (1) (a) and for the 26th July, 1910, in Subsection (1) (b).

2. This Order shall not apply to that part of the Mandated Territory of Palestine which is known as Trans-Jordan.

3. This Order may be cited as the Copyright Convention (Liechtenstein) Order, 1931.

M. P. A. HANKEY.

COLONIAL SECRETARY'S DEPARTMENT.

　　　No. 43.-The following Order of His Majesty in Council is published for general. information.

22nd January, 1932.

W. T. SOUTHORN,

Colonial Secretary.

70 THE HONG KONG GOVERNMENT GAZETTE, JANUARY 22, 1932.

the protection of the said Act to certain classes of works to which protection is guaranteed by the said Convention.

And whereas the Principality of Liechtenstein has acceded to the said Convention :

1. The Principal Order shall extend to Liechtenstein as if that country were amongst the Foreign Countries of the Copyright Union therein named, subject to the following modifications:-

2. This Order shall not apply to that part of the Mandated Territory of Palestine which is known as Trans-Jordan.

3. This Order may be cited as the Copyright Convention (Liechtenstein) Order, 1931.

M. P. A. HANKEY.

COLONIAL SECRETARY'S DEPARTMENT.

　　　No. 43.-The following Order of His Majesty in Council is published for general. information.

22nd January, 1932.

W. T. SOUTHORN,

Colonial Secretary.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 22, 1932.

STATUTORY RULES AND ORDERS, 1931.

No. 900.

International Copyright.

THE COPYRIGHT CONVENTION (SIAM) ORDER, 1931

AT THE COURT AT BUCKINGHAM PALACE,

THE 7TH DAY OF OCTOBER, 1931.

PRESENT,

THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS His Majesty, by virtue of the authority con-

ferred upon Him by the Copyright Act, 1911, (a) and having regard to the provisions of the revised Berne Copyright Convention of 1908, (b) was pleased to make an Order in Council, dated the 24th day of June, 1912 (c) (here- inafter called the Principal Order), extending the protection of the said Act to certain classes of works to which protection is guaranteed by the said Convention:

And whereas the Kingdom of Siam has acceded to the said Convention subject to the reservations mentioned in the Schedule to this Order:

Now, therefore, His Majesty, by and with the advice of His Privy Council, and by virtue of the authority con- ferred upon Him by the Copyright Act, 1911, is pleased to order, and it is hereby ordered, as follows:-

1. The Principal Order shall extend to Siam as if that country were amongst the Foreign Countries of the Copyright Union therein named, subject to the following modifica-

tions:

(a) The provisions of Article 2, proviso (iii) (b), Article 2, proviso (iii) (c), Article 2, proviso (iii) (d) and Article 2, proviso (iii) (e) shall apply as if Siam were included amongst the Foreign Countries named in those provisions.

(b) In the application of the provisions of Article 3 of the Principal Order to works of which the country of origin is Siam the date of this Order shall be substituted for the commencement of the Act and for the commencement of the Principal Order.

(a) 1-2 G. 5. c. 46.

(b) Treaty Series No. 19 of 1912.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 22, 1932.

(c) In the application to such works of Sections 1 (2) (d) and 19 of the Copyright Act, 1911, the date of this Order shall be substituted for the com- mencement of the Act in Sections 19 (7) and 19 (8) wherever that expression occurs and the 17th day of July, 1931, for the passing of the Act.

(d) In the application to such works of Section 24 of the Copyright Act, 1911, the date of this Order shall be substituted for the commencement of the Act wherever that expression occurs in Sub- section 1 (a) and for the 26th July, 1910, in Sub- section 1 (b).

2. This Order shall not apply to that part of the Mandated Territory of Palestine which is known as Trans- Jordan.

3. This Order may be cited as the Copyright Convention (Siam) Order, 1931.

M. P. A. HANKEY.

Schedule.

RESERVATIONS MADE TO THE REVISED BERNE COPYRIGHT

CONVENTION OF 1908.

Subject.

Works of art applied to industrial

purposes.

Substituted Provisions of Berne Convention of 1886, Final Protocol thereto, and Additional Act of Paris, 1896.

Article 4 of Berne Convention.

Conditions and formalities

...

Translating right

Newspaper and magazine arti-

cles.

Performing right in dramatic, dramatico musical and musical works.

Retrospective effect

Article 2, paragraph 2 of Berne

Convention.

Article 5 of Berne Convention as amended by Additional Act.

Article 7 of Berne Convention as amended by Additional Act.

Article 9 of Berne Convention and paragraph 2 of Final Protocol thereto.

Final

Article 14 of Berne Convention

and paragraph 4 Protocol thereto as modified by Additional Act.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 22, 1932. 73

MEDICAL DEPARTMENT.

No. 44.-Roll of Midwives who have been duly certified under the Midwives Ordinance, 1910, Ordinance No. 22 of 1910, and who are in active practice in the Colony :---

No. on

Name.

No. on Register.

Name.

2. Wong Shut-hing.

·黃雪卿

78. Shek Salinma......

石沙哩仔

11. Lam Ah-pi

林亞批

82. Lai Hok-lan..

黎學蘭

*12. Li Ping-u, Mrs.

李平語

83. Suye Murano

13. Kwoo Sun-ching.

古信徵

84. Kong Kam-mun, Mrs.......江金滿

14. Ho Yan-tsing

·何恩清

85. Chan Siu-wing

陳少榮

15. Wong Chan-shi, Mrs.

王陳氏

87. Lo Siu-hing

17. Wan Chi-fong.

溫芷芳

88. Lau Yan-oi

19. Chan Wai-kwan

陳衞坤

90. Maud Ward..

20. Li Yuk-young

李玉容

92. Chan Pik-ching.

羅少馨

劉恩愛

陳碧貞

22. Cheung Ching-to..

張貞道

93. Sham Yan-lim

沈欣廉

23. Ngai Shui-tsing.

魏瑞清

95. Oui Yuen Yat-ha..

歐陽月霞

28. Kwan Shap-yat

·關十

96. Wong Pun-tun

黃品端

29. Chan Siu-hing..

30. Chung Wong-shi..

陳少卿鍾王氏

97. Leung Sheung-chi

梁尙志

*33. Chan Kwai-ying, Mrs.

陳貴英

99. Chow Yuet-wan 100. Fung Ngoi-hei..

周月雲

39. Wong Lai-tsing, Mrs...

黃麗靑

102. Kong Kin-sun...

41. Tang Sun-sum.

鄧信心

46. Sung Hoi-shan, Mrs.

宋海山

103. Wong Chow Fuk-ying,

Mrs.

·馮靄熙

江堅信

黃周福英

47. Fung Pui-fong.

馮佩芳

48. Pun Wan-shan...

·潘蘊

105. Leung Wai-ling 106. Kulsum Samy

49. Tsui Suk-hing.

徐淑卿

107. Chow Oi-kwan

50. Leung Wai-lin, Mrs.

梁惠蓮

*51. Wong Ut-sim, Mrs..

王月蟾

52. Yue Tak-tsing.

·余德清

53. Lui Ming-hang

呂鳴鏗

115. Ann Hughes

56. Tora Inokuchi

·井野口虎

57. Kisa Hara

119. Lee Sut-lin...

58. Koma Takemoto

120. Tam Sin-ying

110. Wong Wai-man

112. Helen Leung

114. Poon Yuen-ching

116. Masano Nakamura

梁惠玲

周愛羣

黃惠民

·梁喜蓮

潘婉貞

·李雪蓮

譚倩影

59. Lee Wong-sze, Mrs.

李王氏

121. Leung Siu-chang

梁兆珍

62. Lui Ming-cheong.

呂鳴鏘

63. Yeung Mo-kit

楊慕傑

64. Ng Cheuk-hing

吳卓卿

67. Cheong Sik-to

張錫道

122. Tang Lok-wai 123. Ng Sui-woon 124. Kam Sau-yung 125. U Wai-yin.

鄧樂維

伍瑞煥

甘秀容

余慧嫣

68. May Poon......

潘黃氏

*126. Kam Kwai-heung

甘桂香

70. Tse Kwan-ying

謝羣英

127. Elizabeth Starkie

72. Lee Suet-fong

·李雪芳

128. Ho Seut-fan

何雪芬

73. Wong Sui-ngoh.

黃瑞娥

129. Tsang Shuk-ching

會淑貞

74. Lok Fung-king 75. Ko Oi-lin

駱鳳瓊

130.U Pui-kau

高愛蓮

*131. Lam Siu-chi

余佩璆林少枝

* Government Midwives.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 22,1932.

ROLL OF MIDWIVES,-Continued.

No. on

Name.

132. Leung Lin-t'sun

梁蓮珍

183. Li Pui-ching

133. Leung Lin-fan..

·梁蓮芬

184. Yip Wai-fong

李佩淸

·葉惠芳

134. Wong Suk-kan

·黃淑勤

185. Chan Po-yi

陳寶儀

135. Liu Choy-king..

·廖翠瓊

186.A. Lowcock

138. Chau Miu-yee

周妙儀

187. Kwok Yuen-ching

郭婉貞

139. Ng Pui-yee, Mrs..

吳佩儀

188. Lee Ng-shi

李吳氏

*140. Chan Lai-sheung

141. To Ma-lee

142. Tao Kuk-ching

143. Tsang Iu-cheung

陳麗常杜馬利陶菊貞會瑤璋

145. Tang King-sin

·鄧瓊嬋

146. Kong Yut-ying

江月膺

189. Lau Mei-yuk

191. Tang Chan-kuen.... 192. Ng Pung Sui Ming. 194. Chau Shuk-tsing.. 195. Chan Sun-tsoh... 196. Lei Wai-fong

劉美玉

鄧振權

·吳潘瑞明

·周淑清

陳純初李慧芳

147. Marie Gomes

197. Kong Fei-chi

江翡芝

148. Chiu Pik-luen

·招碧鸞

198. Ho Sau-ying.

何秀英

149. Chung Yin-yung.

鍾燕容

199. Hui Keng-wan..

許景韞

150. Ethel Lee.....

200. Tsang Yang-sang

會潤燊

151. Lo So-sheung

·羅素常

201. Ma Nam-fong

馬南鳳

152. Leung Chi-hing

·梁熾卿

202. Ling Ngan-kui..

凌鴈琚

153. Mollie Cheung

203. Chow Sheong-ngai

周常毅

154. Mary Leung..

204. Tsuje Hanai.....

156. Li Shiu-fong 157. Tsang Sau-chan

李兆芳

205. T'aam Sui-kam

·會秀珍

206. Wong Chi-kin

158. Lam Yuet-ngan

·林月顏

207. Lo Yeng-yau

159. Lam Yuet-yung

林月容

208. Cheng Yun-heng..

譚瑞琴黃志堅

·羅用柔

•程婉卿

160. Lam King-fong

林景芳

209. Tang King-chan

鄧瓊珍

161. Cheung Tsau-kwong

張就光

210. Yeung Sau-man

·楊秀文

162. Lai Kwai-shan....

黎桂生

211. Sung Chiu-ngan

·宋昭顏

164. Lam Kit-ying

165. Lai Chi-hing.

·林潔英

212. Leung Pui-Yuk

·梁佩玉

166. Chow Wing-yan

黎子卿周榮恩

213. Chan Suet-ying

·陳雪影

167. Annie Fong Tong

214. Lau Yuk-ying *215. Lo Oi-ching

·劉玉英

.....

羅愛清

168. Wong Yuk-wa....

黃玉華

170. Wong Suk-hing

·黃淑馨

216. Lee Wai-hing

217. Hannah Lo, Mrs.

李蕙卿

172. Violet Catherine Chan ....

218. Rosa Rains

174. Li Chuk-pun

李竹彬

219. Ito Kukimoto, Mrs......

175. So Kit-sang

蘇潔笙

220. Au Lai-yung.....

區麗容

176. Chan Suet-ching.

陳雪貞

221. Bau Shuen-chun

鮑信眞

177. Tsoi Kit-sheung

·蔡潔嫦

222. Lee Hau-sheung

李巧湘

178. Leung Fung-ha

梁鳳霞

223. Ling Sui-lin......

凌瑞蓮

179. Chan Lai-sim

180. Ho pui-ching.

182. Mak Kei-kai..

陳麗嬋何佩貞麥

224. Chau Yuen-han

周婉嫻

225. Au Sou-man..

區秀文

誡

226. Li Lo Wan-chi, Mrs

·李羅芸芝

* Government Midwives.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 22,1932. 75

No. on

ROLL OF MIDWIVES,-Continued.

No. on Register.

Name.

227. Lo Chung-fai 228. Cheung Tsz-kwan

·羅重輝

250. Wong Wing-nga.....

·張慈君

251. Chan Chuk-kwan

詠雅陳竹筠

229. Irene Anderson

252. Ma Yuet-sim

馬月蟬

230. Lau Wai-ching

231. Lo King-yung

232. Fok Hang-yung

·劉惠貞

253. Li Wan-sheung

李蘊湘

·羅競容霍杏

254. Luk Ng-yung

陸伍容

255. Loo King-wan

盧景雲

233. Leung Chi-fun..

梁芷芬

234. Yeung Sui-san.

·楊瑞

235. Li Chi-ching

利志清

236. Chan Wai-yu

·陳偉瑜

237. Leung Po-yuk

238. Lenng Wai-fun

梁寶玉梁偉勳

239. Wong Sui-king 240. Kwok Miu-chun

241. Tai Shiu-bun

黃瑞瓊郭妙珍

256. Chan Yuk-ying 257. Li Kwai-cheung 258. Lau Yuen-chan 259. Yuen Sau-ching 260. Agnes Anderson.. 261. Taam C'hi-sheung 262. Shariffa Samy

陳玉卿

李季長

戴小濱

263. Au Phooi-yee. 264. Mary Lee

242. Chan Pui-chun

陳佩玲

265. Daphne Chun

243. Chan Suet-kan

·陳雪君

244. Chow Shuk-lan

周淑蘭

245. Ho To-to

何杜杜

266. Lily Poon..... 267. Lau Sui-keng

268. Lau Yan-kwong

246. Ng Sin-ying..

·吳倩櫻

269. Kwan Wai-chuen

劉畹珍

袁秀清

譚智常

歐佩如

李瑪利秦惠珍

·潘麗蓮

劉瑞瓊劉恩光

·關蕙荃

247. Ng Yun-chiu

·吳婉超

270. Chan Siu-hang

·陳少衡

248. Yu Wai-suen

·余蕙萱

271. Tsang Fung-ching

•會鳳徵

249. Li Wan-yuk..

李蘊玉

272. Ngan Shun-wa..

顏舜華

22nd January, 1932.

A. Mc. ELNEY,

Secretary, Midwives Board.

SUPREME COURT.

No. 45.-It is hereby notified that at the expiration of three months from the date hereof The KWONG HING COMPANY, LIMITED will, unless cause is shewn to the con- trary, be struck off the register and the company will be dissolved.

18th January, 1932.

E. P. H. LANG,

Registrar of Companies.

SUPREME COURT.

　　No. 46. It is hereby notified that at the expiration of three months from the date hereof the LIANG KWONG MOTOR BUS COMPANY, LIMITED, will, unless cause is shewn to the contrary, be struck off the register and the company will be dissolved.

18th January, 1932.

E. P. H. LANG,

Registrar of Companies.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 22,1932. 75

No. on

ROLL OF MIDWIVES,-Continued.

No. on Register.

Name.

227. Lo Chung-fai 228. Cheung Tsz-kwan

·羅重輝

250. Wong Wing-nga.....

·張慈君

251. Chan Chuk-kwan

詠雅陳竹筠

229. Irene Anderson

252. Ma Yuet-sim

馬月蟬

230. Lau Wai-ching

231. Lo King-yung

232. Fok Hang-yung

·劉惠貞

253. Li Wan-sheung

李蘊湘

·羅競容霍杏

254. Luk Ng-yung

陸伍容

255. Loo King-wan

盧景雲

233. Leung Chi-fun..

梁芷芬

234. Yeung Sui-san.

·楊瑞

235. Li Chi-ching

利志清

236. Chan Wai-yu

·陳偉瑜

237. Leung Po-yuk

238. Lenng Wai-fun

梁寶玉梁偉勳

239. Wong Sui-king 240. Kwok Miu-chun

241. Tai Shiu-bun

黃瑞瓊郭妙珍

256. Chan Yuk-ying 257. Li Kwai-cheung 258. Lau Yuen-chan 259. Yuen Sau-ching 260. Agnes Anderson.. 261. Taam C'hi-sheung 262. Shariffa Samy

陳玉卿

李季長

戴小濱

263. Au Phooi-yee. 264. Mary Lee

242. Chan Pui-chun

陳佩玲

265. Daphne Chun

243. Chan Suet-kan

·陳雪君

244. Chow Shuk-lan

周淑蘭

245. Ho To-to

何杜杜

266. Lily Poon..... 267. Lau Sui-keng

268. Lau Yan-kwong

246. Ng Sin-ying..

·吳倩櫻

269. Kwan Wai-chuen

劉畹珍

袁秀清

譚智常

歐佩如

李瑪利秦惠珍

·潘麗蓮

劉瑞瓊劉恩光

·關蕙荃

247. Ng Yun-chiu

·吳婉超

270. Chan Siu-hang

·陳少衡

248. Yu Wai-suen

·余蕙萱

271. Tsang Fung-ching

•會鳳徵

249. Li Wan-yuk..

李蘊玉

272. Ngan Shun-wa..

顏舜華

22nd January, 1932.

A. Mc. ELNEY,

Secretary, Midwives Board.

SUPREME COURT.

18th January, 1932.

E. P. H. LANG,

Registrar of Companies.

SUPREME COURT.

18th January, 1932.

E. P. H. LANG,

Registrar of Companies.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 22, 1932.

DISTRICT OFFICE, SOUTH.

　　　　No. 47.-It is hereby notified for general information that Cancellation of Memorial of Re-entry by the Crown on Lot No. 74 in Lantao Plateau has been registered according to law.

22nd January, 1932.

J. S. MACLAREN,

District Officer, Southern District.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 48.--It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909:-

Number

Date of Registration.

Names and Addresses of Owners.

Marks.

Period of Renewal.

Classes in which renewed.

File

Nos.

No 81 of 1918.

15th January, 1918.

Nos. 72 and 75 of 1918.

Do.

21st January, 1932.

J. and E. Atkinson, Limited, of 21, Old Bond Street, London W. England, and Eonia Works, Southwark Park Road, London, S.E. England.

Holland China Trading Company, No. 16, Des Vœux Road, Hong Kong.

15th January, 1946.

344 of 1931.

Do.

13 and 37 respectively

343 of 1931.

E. L. AGASSIZ, Registrar of Trade Marks.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 49.-It is hereby notified that the registration of the following trade mark has expired and that it will be removed from the Register of Trade Marks on the 22nd February, 1932, unless the prescribed fee for renewal of registration is paid before that date:-

Number of Trade Mark.

Name and Address of Proprietor.

Date of Expiration of Registration.

File No.

No. 90 of 1918.

Masuzo Masuda, 68, Honcho Sichome, Yokohama, Japan.

21st January, 1932.

345 of 1931.

21st January, 1932.

E. L. AGASSIZ, Registrar of Trade Marks.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

EXECUTIVE COUNCIL,

Hong Kong.

No. 50.

Regulations made by the Governor in Council under section 3 of the Vehicles and Traffic Regulation Ordinance, 1912, Ordinance No. 40 of 1912, on the 12th day of January, 1932.

The Traffic Regulations set forth on pages 617-654 and part of page 655 of the Regulations of Hong Kong, 1844- 1925, amended as appears in Government Notifications Nos. 368 of 1926, 331 of 1927, 586 of 1928, 27, 334, 553 and 653 of 1929, 218, 376 and 518 of 1930 and 13, 78. 524 and 602 of 1931, are hereby rescinded and the follow- ing regulations are substituted therefor

In these regulations,

PART I.

Interpretation.

(a) "Cart" means any wheeled vehicle, not being one otherwise specifically designated, which is con- structed or adapted for the conveyance of any goods or burden in the course of husbandry, trade or business.

(b) "Commercial motor vehicle" means any motor vehicle which is constructed or adapted for the conveyance of any goods or burden in the course of husbandry, trade or business.

(d) "Driver" includes a rider of a bicycle or tricycle,

a puller of a jinrikisha, a bearer of a chair, and any person in charge of or assisting in the control of any vehicle; "drive", in relation to a driver, includes pull, draw and bear.

(e) "Motor bicycle" includes any two-wheeled vehicle propelled by mechanical power which does not unladen exceed in weight three hundred-weight. (f) "Motor cab" means any motor vehicle which stands or plies for hire and in which the passengers or any of them are not charged to pay separate and distinct fares, or at the rate of separate and distinct fares, for their respective places or seats therein, but the amount indicated by a taximeter.

(g) "Motor omnibus" means any motor vehicle which stands or plies for hire or is used to carry passengers at separate fares to, from or in any part of the Colony.

(h) "Motor tricycle" includes any

three-wheeled

vehicle propelled by mechanical power which does not unladen exceed in weight three hundred weight.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

(i) "Motor vehicle" means a vehicle propelled by

mechanical power.

() "Nett load" in relation to a commercial motor vehicle means the weight ascertained by deducting the unladen weight of the vehicle from the gross weight of the laden vehicle, including in such gross weight that of all persons being carried thereon except the driver and one attendant.

(k) "Passenger" includes any person carried in a motor omnibus other than one driver and one con- ductor and any ticket inspector.

(1) "Private vehicle" includes any vehicle which does

not fall within the definition of a public vehicle. (m) "Proprietor of a motor omnibus" includes the licensee of a motor omnibus and every person who is a partner therein or co-owner thereof, or is concerned therein, with lawful or assumed powers of management, otherwise than as a shareholder merely, or a mortgagee who has not taken posses- sion, or as an employed driver or conductor.

(n) "Public vehicle" includes any vehicle which plies for hire or is from time to time let out for hire or is intended to be let out for hire, but it shall not include any bicycle or tricycle not propelled by mechanical power.

(o) "Road" includes any highway, thoroughfare, street, lane, alley, court, square, archway, passage, path, way, and place, to which the public have access, either continuously or intermittently and either of right or by licence, whether the same is the property of the Crown or otherwise.

(p) "Taximeter" means any appliance for measuring the time or distance for which a motor cab is used. or for measuring both time and distance, or for recording the fare by combination of time and distance, which is for the time being approved for the purpose by or on behalf of the Inspector General of Police.

(g) "Trailer" includes any vehicle drawn or propelled

by another vehicle.

"Truck" means any wheeled vehicle, which is constructed or adapted for the conveyance of any goods or burden in the course of husbandry, trade or business, and which is pulled or drawn by hand.

(s) "Unladen weight" or "weight unladen" in relation to a motor bicycle, motor tricycle, or motor vehicle means the weight of any such vehicle exclusive of the weight of any load or of any water, fuel, or accumulators used for the purpose of propulsion. (t) "Van" means any wheeled vehicle, other than a commercial motor vehicle, or a truck, which is constructed or adapted for the conveyance of any goods or burden in the course of husbandry, trade or business, and which has a roof or covering belonging and attached thereto, or has a frame affixed thereto for a roof or covering

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

(*)

"Vehicle" includes any means of conveyance or of transit or other mobile apparatus used or capable of being used on land and in whatever way drawn or propelled or carried, but it shall not include any perambulator or any conveyance for use solely on railways or tramways.

PART II.

Licences.

1. The Inspector General of Police shall keep a register of licences in which he shall cause to be entered full partic- ulars of the issue, renewal, transfer, indorsement, and cancellation of licences.

2. The Inspector General of Police shall issue licences, in his discretion, on such conditions as he shall think fit, subject to appeal to the Governor in Council by any person aggrieved. He may also, in the case of any breach or disregard of these regulations, or of the conditions of the licence, cancel, indorse or suspend any licence at any time, subject to a like appeal.

3.-(1) A driver's licence is required annually in respect of the vehicles enumerated in the following table:---

Vehicle.

Fee for driver's licence.

Date when licence renewable.

Private chair and jinrikisha..

30 cents

1st January.

Truck, cart, and van

1st June.

Horse or bullock drawn

1st June.

vehicle

Motor vehicle

$5.00

Public jinrikisha

وو

Public chair

1st July.

1st December.

(2) A conductor's licence is required annually in respect of the vehicles enumerated in the following table:--

Vehicle.

Motor omnibus

Fee for conduc- tor's licence.

Date when licence renewable.

$1.00

1st July.

4. A fee of $5 for Official Signature is required on every occasion of transfer of licensed motor vehicles.

The

5. The Inspector General of Police may issue a learner's licence at a fee of $2, valid for two months, to an applicant who proposes to learn how to drive a motor vehicle. holder of such licence may drive only over such road or roads as may be specified in his licence, and he shall at all times when driving be accompanied by a licensed driver other than a learner driver.

Learner drivers will be examined as may be directed by the Inspector General of Police. The fee for each examina- tion will be $5, payable in advance.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

6. A licence is required annually in respect of the vehicles enumerated in the following table :-

Vehicle.

Fee Date when licence

renewable.

€A

(a) Private chairs

1st January.

(b) Private jinrikishas

do.

(d) Private motor cars:-

Not exceeding 15 cwts in

weight unladen

1st July.

Exceeding 15 cwts. but not

exceeding 30

cwts. in

weight unladen

do.

Exceeding 30 cwts.

do.

(e) Motor bicycles and motor tri-

cycles :-

Private, Solo

do.

Private bicycle with side car

do.

Note. No other motor bicycle or motor tricycle

licence will be issued.

(f) Commercial motor vehicles :-

(2) Not exceeding 15 cwts in

weight unladen

(ii) Exceeding 15 cwts. but not exceeding 50 cwts. in weight unladen, and com- pletely fitted with pneu- matic tyres

(i) Exceeding 50 cwts. but not exceeding 90 cwts. in weight, unladen, and com- pletely fitted with pneuma-

tic tyres

(iv) Exceeding 15 cwts. but not exceeding 50 cwts. in weight unladen, and with at least half of the number of wheels fitted with pneumatic tyres

(v) Exceeding 50 cwts. but not exceeding 90 cwts. in weight unladen, and with at least half of the number of wheels fitted with pneumatic tyres

(vi) Exceeding 15 cwts. but not

exceeding 50 cwts. in weight unladen, and com- pletely fitted with solid tyres or with less than half of the number of wheels fitted with pneu- matic tyres

do.

120

do.

180

do.

360

do.

240

do.

$81

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

Vehicle.

Fee

Date when licence renewable.

(vii) Exceeding 50 cwts. but not exceeding 90 cwts. in weight unladen, and com- pletely fitted with solid. tyres or with less than half of the number of wheels fitted with pneu-

matic tyres

Note. No commercial motor vehicie exceeding 90 cwts. in weight unladen will be

allowed.

(g) Trailers

(h) Hand propelled petrol or oil

pumps

(i) Public motor vehicles other than motor omnibuses and chara- bancs

6) Motor omnibuses and charabancs (these vehicles must be fitted with pneumatic tyres)

(k) Trucks

(1) Carts and vans, and horse or

bullock drawn vehicles

480

1st July.

do.

5* 1st January.

do. 1st July.

do.

(m) Public chairs

1st December.

(n) Public jinrikishas

(i) in Island of Hong Kong,

except as in (ii)

do.

(ii) in Kowloon, New Kow-

loon, Hill District and Caine Road Level ........

(iii) in New Territories

22222

do.

(iv) owner-driven in New Ter-

ritories

do.

Note.-As

to payment of fees for public jinrikishas see regulation 11.

7. Nothing in regulations Nos. 3 or 6 of these regulations shall have the effect of rendering invalid any licence issued under the Vehicles and Traffic Regulation Ordinance, 1912, which was valid and in force immediately before the coming into operation of these regulations. The fees prescribed by these regulations shall be payable upon the renewal of any such licence.

8. No vehicle or driver's licence fee shall be payable in respect of the following vehicles :-----

The Governor's cars.

The Naval Commander-in-Chief's car.

The General Officer Commanding the Troops' car. The Commodore's car.

The Colonial Secretary's car.

*Together with a further sum of $10 for each seat in the vehicle, the number of such seats being the number of persons the vehicle is licensed to carry.

+Together with a further sum of $10 for each seat for a passenger in

the vehicle

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932. 83

9. The Inspector General of Police may issue a trader's licence, at a fee of $120 annually and subject to such condi- tions as he may see fit to impose, in respect of a motor vehicle which is to be used solely for demonstration purposes. The vehicle so licensed shall bear a distinctive number of three figures preceded by the letter T coloured red upon a white ground.

10. The Inspector General of Police may issue a temporary licence, at a fee of $2 a month, valid for a period not exceed- ing six months, in respect of a motor vehicle which is brought into the Colony for temporary use pending re-exportation.

11. The fees for public jinrikishas in the Island of Hong- kong, Lower Levels, are payable quarterly in advance on the 1st December, 1st March, 1st June, and 1st September. The fees for public jinrikishas in the Hill District, the Caine Road Level, and in Kowloon and New Kowloon are payable half-yearly in advance on the 1st December and the 1st June.

12. Notwithstanding anything contained in regulations Nos. 3 or 6 of these regulations, it shall be lawful for the Inspector General of Police in his discretion to issue driver or vehicle licences for periods of less than one year at pro- portionate fees.

13. It shall be lawful for the Inspector General of Police in his discretion to limit at any time and from time to time the number of licences to be issued for any class of public vehicle.

Drivers.

14. A driver's licence is not transferable.

15. No person shall drive a vehicle in respect of which a driver's licence is required unless he has an appropriate driver's licence.

16. A driver shall not drive a vehicle in respect of which a vehicle licence is required, unless such vehicle is duly licensed.

17. A driver shall not be intoxicated while driving a vehicle or while otherwise in charge of it.

18. Except as provided in these regulations a driver shall not leave his vehicle unattended in any road or public place.

19. A driver shall not allow his vehicle to obstruct a vehicle or person on a road, or a tramcar on a tramway.

20. A driver shall not be in such a position, while his vehicle is on a road, that he has not full control over such vehicle.

21. A driver shall not drive a vehicle recklessly or negli- gently or at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case.

22. A driver shall not drive a vehicle in such a way as to cause damage to a roadway, or to any public or private pro- perty.

23. A driver shall not drive a vehicle carrying a load in

• such a manner that any part of such load touches the roadway.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

24. A driver shall not drive a vehicle in such a manner that any part of the vehicle other than the wheels touches the road.

25. Except with the permission in writing of the Inspector General of Police, a driver shall not drive or place any wheeled vehicle in Battery Path, or in St. John's Cathedral Compound.

26. A driver shall drive on the left side of the road.

27. Except as in these regulations otherwise required, a driver when driving a fast moving vehicle shall drive in the left centre of the road, but so that he draws into the left to allow vehicles travelling at a greater speed to overtake him.

28. A driver when driving a slow moving vehicle shall keep close to the left side of the road.

29. A driver shall immediately draw in to the side of the roadway and stop clear of crossings when a fire-appliance vehicle or motor ambulance approaches and its convenience so requires.

30. A driver shall pass on the right side of any vehicle, other than a tramcar, which he overtakes.

A driver may pass on either side of a moving tramcar which he overtakes, provided that the road is clear ahead.

A driver may pass on the right side of a stationary tramcar which he overtakes, provided that the road is clear ahead, but not on the left side.

31. A driver shall when practicable give the recognised signals when about to stop or change the direction of his vehicle. A driver when stopping his vehicle for the purpose of taking up or setting down a passenger or load shall stop as near as possible to the left or near side of the road. A driver shall stop his vehicle when called upon or signalled so to do by a police officer in uniform.

32. A driver shall promptly obey all directions and signals which may be given by any police officer in uniform for the purpose of regulating traffic.

33. A driver shall, when called upon to do so, produce his licence for inspection by any police officer in uniform.

34. If a vehicle comes into collision with any vehicle, person, animal, or thing, the driver shall stop the vehicle, and shall as soon as he reasonably can, make a report at the nearest police station of any injury to any person, animal, vehicle or thing caused by such collision. He shall when called upon produce his driver's licence and give to any aggrieved party his name and address and also the name and address of the owner of the vehicle.

35. When descending an incline, a driver of any wheeled vehicle shall apply the brakes in such a manner as will prevent the vehicle from getting out of control.

Drivers and Conductors of public vehicles.

36. A driver of a public vehicle shall be photographed at the public expense. One copy of the photograph shall be attached to the driver's licence and one copy shall be retained by the Inspector General of Police.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

A driver of a public vehicle shall permit the police to take his finger prints if and whenever required by the Inspector General of Police.

37. A driver of a public vehicle shall while plying for hire-

(1) travel with reasonable speed;

(2) be properly dressed in uniform approved by the

Inspector General of Police;

(3) keep his vehicle properly protected against sun

and rain;

(4) carry in a conspicuous position in his vehicle such table of fares as may be prescribed by the Inspector General of Police, affixed in such manner as he may direct;

(5) when disengaged, proceed forthwith to an ap-

propriate public stand;

(6) when taking up a position on a public stand, place his vehicle in the rear of any vehicle already on the stand and move it forward as other vehicles leave the stand; and

(7) When his vehicle is plying as a motor omnibus-

(a) display a signboard on the front of his vehicle showing the route and destination, or display like signboards at the sides or rear of such vehicle, as required by the Inspector General of Police;

(b) duly drive his vehicle by the appointed route and to the appointed destination;

(d) take down and keep a written note of the names and addresses of any passengers in his vehicle on any occasion of damage by collision of such vehicle with any other vehicle or with any person, animal or thing, and, when called upon to do so, produce such note for inspection by any police officer in uniform;

(e) shut off the engine and see that all passen- gers are removed from his vehicle before filling the petrol tank and keep such engine shut off and see that such passengers remain out of his vehicle until such filling is complete;

(f) see that a signboard with the words "Bus full" painted thereon, approved by the Inspector General of Police, is exhibited on his vehicle in such manner as to be easily visible to intending passengers, both by day and night, whenever passengers to the number which the vehicle is licensed to carry are travelling thereon, but on no other occasion and at no other time; and (g) hand over to the conductor of his vehicle all lost or unclaimed property found in his vehicle

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

38. A driver of a public vehicle shall not-

•

(1) refuse without reasonable cause to accept hire

when disengaged; or

(2) demand more than the authorised fare; or

(3) fail without reasonable cause to complete the

journey for which he is engaged; or

(4) behave rudely or use insulting language; or

(5) solicit passengers; or

(6) loiter in any way so as to cause obstruction; or

(7) leave a public stand to accept hire out of turn; or

(8) when his vehicle is plying as a motor omnibus- (a) stop his vehicle for the purpose of taking up or setting down a passenger except at a stopping place approved by the Inspector General of Police; or

(b) improperly or without good cause prevent other vehicles from passing his vehicle; or (c) smoke while his vehicle is in motion; or (d) wilfully deceive any person in respect of

the route or destination of his vehicle; or (e) obscure or improperly alter any signboard, route number or sign on his vehicle; or (f) refuse to admit and carry at the lawful fare any passenger for whom there is room and to whose admission no reasonable objection is made; or

(g) improperly delay his vehicle

journey.

39. A conductor of a motor omnibus shall-

on any

(1) be over eighteen years of age according to

English computation;

(2) be duly licensed, and carry and wear in a cons- picuous position a brass badge, approved by the Inspector General of Police, marked with a number corresponding with his licence number; (3) when on duty be properly dressed in uniform

approved by the Inspector General of Police; (4) duly conduct his vehicle by the appointed route

to the appointed destination;

(5) unless actually engaged in taking fares, stand at the rear end of his vehicle when the same is in motion;

(6) whenever passengers to the number which his vehicle is licensed to carry are travelling thereon, exhibit on his vehicle a signboard with the words "Bus full" painted thereon, approved by the Inspector General of Police, in such manner as to be easily visible to intending passengers, both by day and night, but on no other occasion and at no other time;

(7) remove all passengers from his vehicle to enable the driver to fill the petrol tank, and keep such passengers out of his vehicle until such filling is complete;

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932. 87

(8) take down and keep a written note of the names and addresses of any passengers in his vehicle on any occasion of damage by collision of such vehicle with any other vehicle or with any person, animal or thing, or see that the driver takes down and keeps such note;

(9) promptly take and deliver up to a police officer on duty at a police station all lost or unclaimed property found in his vehicle;

(10) produce his licence for inspection when called

upon to do so by a police officer in uniform.

40. A conductor of a motor omnibus shall not-

(1) smoke while his vehicle is in motion; or (2) wilfully deceive any person in respect of the

route or destination of his vehicle; or

(3) obscure or improperly alter any destination.

board, route number or sign on his vehicle; or (4) refuse to admit and carry at the lawful fare any passenger for whom there is room and to whose admission no reasonable objection is made; or (5) improperly delay his vehicle on any journey; or (6) permit animals or goods other than hand baggage, being personal effects only, to be carried in his vehicle; or

(7) permit overcrowding of his vehicle; or

(S) allow any person to stand on the foot board or step of his vehicle while the same is in motion; or

(9) allow his licence or badge to be transferred to

or used by any other person.

41. A driver of a public vehicle shall take to a police station any articles which shall be found in his vehicle. The owner shall pay to the driver by way of reward such sum as may be agreed upon between the owner and the driver and approved by the Inspector General of Police, and, in case the owner and the driver fail to agree, the amount of the reward shall be fixed by the Inspector General of Police, but it shall not exceed one-fifth of the value of the article as assessed by the Inspector General of Police. If for a period of three months the article remains unclaimed or the reward as aforesaid remains unpaid, the Inspector General of Police may in his discretion return such article to the driver. This regulation shall not apply to the driver of a motor omnibus, who shall act, as regards lost and unclaimed property, in accordance with regulation No. 37.

42. A driver shall not carry in a public vehicle a number of passengers in excess of the number shewn upon the licence for such vehicle. For the purposes of this regulation, two children under the age of sixteen years may be reckoned as one passenger, and children below the age of four years shall not be reckoned.

43. A driver shall not carry in a public vehicle animals, or goods other than hand baggage. The term hand baggage shall be deemed to include personal effects only.

44. A driver shall not carry a corpse in a public vehicle.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

45. A driver shall not carry in a public vehicle any person who is suffering from an infectious or contagious disease or is in a dirty condition.

46. The driver of a motor omnibus shall ensure that the signalling device referred to in regulation 159 (5) is in good working order and is properly operated, and be responsible if any signal is not duly given.

Drivers of motor vehicles.

47. An applicant for a licence to drive a motor vehicle shall undergo such tests of his fitness to drive as may be prescribed by the Inspector General of Police. He must also pass a medical examination, including test of vision, as to his fitness to hold a driver's licence.

48. An applicant for a licence to drive a motor vehicle shall inform the Inspector General of Police whether he has held a driver's licence or certificate in this Colony or else- where, and whether such licence or certificate has been indorsed, suspended, or cancelled.

49. A driver of a motor vehicle must deposit his licence with the Inspector General of Police if he wishes to leave the Colony.

50. A driver of a motor vehicle when in charge of such vehicle shall not allow such vehicle to be driven by an un- licensed driver.

51. A licence to drive a motor vehicle shall not be issued to any person under eighteen years of age.

52. A driver shall not drive any public or commercial motor vehicle until he has passed such examination as the Inspector General of Police may prescribe as to his fitness to drive that type of public or commercial motor vehicle. He shall not drive any other type of public or commercial motor vehicle until he has passed such further examination as the Inspector General of Police may prescribe. An indorsement shall be made upon his driver's licence indicating the type or types of public or commercial motor vehicle which may be driven by him.

53. A driver shall not drive a commercial motor vehicle. with a nett load in excess of that stated in the licence of the vehicle as the maximum nett load to be carried by such vehicle.

54. The driver of a commercial motor vehicle shall ensure that his vehicle is not overladen and that the load is properly stacked, secured and carried.

55. The driver of a motor vehicle other than an owner driver shall, whenever he changes his place of residence during the continuance of his employment as a driver, notify such change within forty-eight hours thereof at the Central Police Station and at the time of such notification shall produce for inspection his driver's licence.

56. The driver of a motor vehicle who shall cease to be employed in that capacity or who shall change his employment shall notify such cessation or change within forty-eight hours thereof at the Central Police Station and at the time of such notification shall produce for inspection his driver's licence.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932. 89

57. A driver shall not at any time drive a motor vehicle without the permission of the owner or licensee of such vehicle.

58. The driver of a public motor vehicle shall carry a brass badge, approved by the Inspector General of Police. The badge will be worn in a conspicuous position.

59. Except with permission in writing of the Inspector General of Police, a driver shall not drive a motor vehicle with a trailer attached.

60. All public motor vehicles shall have a small number plate, approved by the Inspector General of Police, bearing the registration number of the vehicle affixed in a conspicuous position inside the vehicle in full view of the passengers

61. A driver of a motor vehicle shall, on request by or signal from any person having charge of a horse or other animal, cause such vehicle to stop and to remain stationary for so long as may reasonably be necessary.

62. A driver of a motor vehicle shall, on approaching any curve, crossroad or fork, or on rounding any corner or bend, reduce speed so far as may be advisable and shall sound his horn. He shall, when rounding any corner or bend, keep well to the left side of the road, and shall not pass or attempt to pass any moving motor vehicle which he overtakes.

63. Sign-posts for the guidance of the drivers of motor vehicles are placed in localities where slow and cautious driving is especially necessary. A driver not otherwise restricted to a lesser speed shall not drive at a rate exceeding twenty miles an hour, or pass, or attempt to pass any moving motor vehicle or tramcar which he overakes after passing a sign-post, until he has passed a similar sign-post opposite side of the road.

The sign-posts bear the following signs:--

on the

SCHOOL

書

院

Sign painted red with white lettering denoting a

school or other reason for precaution which may be noted on the sign.

Sign painted red denoting a dangerous corner, cross- road, precipitous place, or any other reason for

caution.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

64. A driver shall not except with the permission in writ- ing of the Inspector General of Police, drive or place a motor vehicle beyond the following sign :--

Sign painted red, with or without white lettering, denoting that motor traffic is prohibited.

65. A driver shall not except with the permission in writ- ing of the Inspector General of Police, drive or place a motor vehicle on a road or portion of a road which is closed to motor traffic. The roads and portions of roads specified in Part I of Schedule D to these regulations are closed to motor traffic. The roads and portions of roads specified in Part II of Schedule D are closed to motor traffic except as therein mentioned.

66. Except as in this regulation provided, for every permit granted under regulations 64 or 65 the fee of $20 for the year or part of the year, ending on the 31st day of December, during which such permit is in force, shall be payable by the holder: Provided that the fee for a special and temporary permit shall be $2 only: Provided also that the fee of $20 shall be reduced to $10 in respect of a permit granted during the last quarter of any year.

67. A driver of a motor vehicle shall take adequate pre- caution to prevent the discharge in any road of the products of combustion, ashes, steam, cinders, water, or oil, other than such discharge as may be necessary for purposes of the ordinary propulsion of the vehicle.

68. A driver of a motor vehicle shall not except with the permission in writing of the Inspector General of Police, allow any part of the load carried to project beyond any part of the vehicle.

The fee for each permit granted under this regulation shall be $2, payable on or before the issue of the permit.

Such permits may be granted for any particular occasion. or for any period not exceeding twelve months.

Drivers of trucks, carts, and vans.

69. Every driver of a truck, cart, or van shall be photo- graphed at the public expense. One copy of the photograph shall be attached to the driver's licence and one copy shall be retained by the Inspector General of Police.

Every such driver shall permit the police to take his finger prints if and whenever required by the Inspector General of Police.

70. A driver shall not drive a truck, cart, or van from the rear, unless the load is so disposed that it in no way obstructs his view.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932. 91

71. Except with the permission in writing of the Inspector General of Police, a driver shall not drive a truck, cart or van at a speed in excess of 4 miles an hour. In the case of the grant of such permission the speed specified in the permit shall not be exceeded.

72. Except with the permission in writing of the Inspector General of Police, a driver shall not drive or place a truck, cart, or van in any of the following roads :---

Wyndham Street, Cochrane Street, Graham Street south of Stanley Street, Peel Street, Aberdeen Street, Hollywood Road between Po Yan Street and Queen's Road West, Eastern Street, Centre Street south of Queen's Road West, and Western Street south of Des Voeux Road West.

73. Except with the permission in writing of the Inspector General of Police, a driver shall not drive or place a truck, cart, or van in Ice House Street or in Queen's Road Central between Queen Victoria Street and Murray Road between 9 a.m., and 4 p.m.

74. Except with the permission in writing of the Inspector General of Police, a driver shall not drive or place a truck in any of the following roads :-

Albany Road, Aberdeen Street above Wellington Street, Arbuthnot Road, Babington Pathway, Bat- tery Path, Castle Road, Cochrane Street, Centre Street south of Queen's Road West, D'Aguilar Street, Elgin Street, Eastern Street south of Queen's Road, Tung Street, Garden Road, Graham Street south of Stanley Street, Gutzlaff Street, Gap Road, Gage Street, Hill Road, Hospital Road, Ice House Street south of Queen's Road, Kennedy Road, Lyndhurst Terrace, Lower Albert Road, Magazine Gap Road, Mosque Street, Old Bailey Street, Peak Road, Peel Street, Pokfulam Road (between Bonham Road and Queen's Road), Park Road, Robinson Road, Seymour Road, Shelley Street, Shing Wong Street, Square Street, St. Francis Yard, Staveley Street, Upper Albert Road, Wing Fung Street, Western Street south of Des Voeux Road, Wyndham Street, Wellington Street, Sai Street, and Zetland Street.

75. Except as in this regulation provided, for every permit granted under regulations 72 or 74 the fee of $20 for the year, or part of the year, ending on the 31st day of December, during which such permit is in force, shall be payable by the holder: Provided that the fee for a special and temporary permit shall be $2 only: Provided also that the fee of $20 shall be reduced to $10 in respect of a permit granted during the last quarter of any year.

Drivers of chairs.

76. Drivers shall not carry more than two chairs side by side in any road.

77. When two chairs are side by side, the drivers of the chair on the right must give way on meeting or on being overtaken by any vehicle or person. In the event of a breach of this regulation, the drivers of the chair on the right shall be deemed to be in fault.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

78. Drivers shall not carry two chairs side by side in Battery Path.

　　in the event of a breach of this regulation, the drivers of the chair on the right shall be deemed to be in fault.

79. Drivers of public vehicles shall not leave their stands except for the purpose of taking up passengers.

Vehicles.

80. An applicant for a vehicle licence shall cause the vehicle to be brought to such place as the Inspector General of Police may direct, for purposes of inspection.

81. A driver or a licensee of a private vehicle shall not drive or allow the said private vehicle to be used for the pur- pose of hire.

82. The licensee of a vehicle shall provide a suitable place for the accommodation of such vehicle to the satisfaction of the Inspector General of Police.

83. The licensee of a vehicle shall whenever he changes his place of residence notify such change within forty-eight hours thereof to the Inspector General of Police and at the time of such notification shall produce his licence for inspec- tion. The Inspector General of Police shall indorse the licence and alter the register of licences accordingly.

84. On change of ownership of a licensed private vehicle. the person disposing of and the person acquiring such vehicle shall notify such change within forty-eight hours thereof to the Inspector General of Police and at the time of such notification shall produce his licence for inspection. The Inspector General of Police shall indorse the licence and alter the register of licences accordingly. The person acquiring such vehicle shall pay the prescribed transfer fee.

85. Every wheel of a vehicle shall be truly circular, accurately centred upon its axle, and fitted to work thereon without oscillation or side play.

86. Every vehicle, other than a motor vehicle, shall carry its licence number in figures not less than two inches in height and half an inch in thickness of line painted on or affixed to the vehicle in such colours and in such positions as the Inspector General of Police may prescribe.

87. The licence number on a vehicle shall not be obscured in any way.

88. The owner of a vehicle for which a licence is required and the licensee of a licensed vehicle shall not allow such vehicle to be driven by a driver who does not hold an appro- priate driver's licence. In proceedings under this regulation it shall not be necessary to allege or to prove guilty knowl- edge on the part of the owner or the licensee and it shall be no defence to prove absence of guilty knowledge.

89. The driver of a vehicle shall not allow such vehicle to remain in any of the thoroughfares enumerated in Schedule C to these regulations, except at such places as may be authoris- ed by the Inspector General of Police, for a longer time than is necessary for enabling persons to enter or alight from such vehicle or for allowing such vehicle to be loaded or unloaded.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

90. The driver of a vehicle shall not allow such vehicle to remain in the portion of Shaukiwan Road between Causeway Bay Road and Bay View Police Station for a longer time than is necessary for enabling persons to enter or alight from such vehicle.

Public vehicles.

91. Every applicant for a licence for a public vehicle shall, as a condition of the issue of such licence, deposit with the Inspector General of Police the sum of $200 to secure the attendance before the Inspector General of Police of the licensee or the driver of the vehicle, whenever requir- ed, and the payment of fines, compensation, or damages imposed, awarded, or recovered on, against, or from the licensee or driver of such vehicle.

92. No special or additional licence shall be required to enable a licensed motor omnibus, or a licensed public vehicle maintaining a passenger service, to use roads open to such vehicle and not within an area as to which exclusive rights of maintaining a service of public motor vehicles may have been or may hereafter be granted.

93. The licensee of a public vehicle shall maintain his vehicle in a proper state of cleanliness and repair and shall provide adequate protection against sun and rain, to the satisfaction of the Inspector General of Police.

94. No person shall solicit passengers to travel in a public vehicle.

95. A European police officer in uniform may at any time stop any public vehicle for the purpose of ascertaining its condition.

96. A European police officer in uniform may at any time inspect any premises where a public vehicle is housed.

97. The applicant for a licence or for a renewal of a licence for a public or commercial vehicle and the licensee of a public or commercial vehicle shall cause such vehicle to be taken for inspection at such times and to such places as the Inspector General of Police shall appoint. Such vehicle shall not be removed from the place appointed without the authorisation of the Inspector General of Police.

98. Except with the permission in writing of the Inspector General of Police, and subject to such conditions as he may see fit to impose, a licensee of a public vehicle shall not transfer his licence.

99. The licensee of a public vehicle which may have been used for the conveyance of a person suffering from an infec- tious or contagious disease shall disinfect such vehicle to the satisfaction of the Inspector General of Police.

100. The fares prescribed for public vehicles are as follows:--

CHAIRS.

With 2 bearers.

With 4 bearers.

Ten minutes Quarter hour

15 cents.

30 cents.

وو

Half hour

وو

One hour

Every subsequent hour... 25

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

JINRIKISHAS.

1.---In the Island of Hong Kong, Caine Road and lower levels, in Kowloon and New Kowloon.

Ten minutes

Half hour

One hour

Every subsequent hour

10 cents.

وو

If the jinrikisha is engaged within the City of Victoria and is discharged outside the western part of the City of Victoria after 9 p.m., or being so engaged is discharged to the east of Bay View Police Station after 9 p.m., an extra half fare shall be chargeable.

For 2 or 3 drivers the fare is double or treble respectively.

II.--In the Hill District.

Quarter hour

Half hour

One hour

20 cents.

III.In the New Territories.

By arrangement with the proprietors through the police.

101. Except with the permission in writing of the Inspector General of Police, no vehicle shall use as a stand or parking place any road or public place, or part of a road or public place, other than the authorised stands for vehicles of its class as set out in Schedule A and Parts I, II, III and IV of Schedule B to these regulations.

102. Public vehicles shall be inspected by a police officer authorised by the Inspector General of Police for the

purpose-

(1) before being licensed as new vehicles;

(2) on change of ownership;

(3) once monthly.

All reasonable facilities shall be given to every such inspecting officer by the licensee and the driver, and his reasonable requirements shall be complied with by them.

Motor vehicles.

103. A motor vehicle shall not exceed seven feet six inches in width between its extreme projecting points.

104. A motor vehicle shall be provided with two indepen- dent and efficient brakes in good working order. The brakes of a motor vehicle may be tested by any European police officer of the Traffic sub-department not below the rank of sergeant. The licensee and the driver shall give all reason- able facilities for such testing, and the occupants (if any) of the vehicle shall comply with all reasonable requirements of the police officer. Cars may be stopped on the road for such testing of brakes, but, ordinarily, cars will not be stopped for brake tests while making a journey.

105. Every motor vehicle with left hand drive shall he provided with a mechanical device, to the satisfaction of the Inspector General of Police, and in good working order, for indicating the direction to be taken by such vehicle.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932. 95

106. Licence discs will be issued annually or periodically by the Inspector General of Police. Every motor vehicle shall carry its appropriate licence disc, which shall be placed and carried on the vehicle so as to be clearly visible at all hours of daylight to a person either at the near side or at the front of the vehicle.

107. An applicant for a licence for a motor vehicle shall, if called upon by the Inspector General of Police to do so, make a true declaration of the weight of the vehicle unladen and the engine number, and he shall produce the maker's description or other satisfactory evidence in support of his declaration.

108. A motor vehicle shall carry in front and rear plates bearing the number of its licence. Such plates and the figures thereon shall be of a size, design, colour and material approved by the Inspector General of Police and shall be affixed to the vehicle in positions approved by him. The front plate of a motor bicycle or tricycle shall bear on both sides the number of the licence. The licensee or driver shall not change the licence number from one vehicle to another unless permission has first been obtained from the Inspector General of Police. All public motor vehicles will also carry a plate, with the words "Public Vehicle" painted thereon in black on white, which plate shall be affixed to the vehicle in a position approved by the Inspector General of Police. The Police Department will supply number plates and ""publie vehicle" plates at a cost not exceeding $1.50 per plate.

109. Except with the permission in writing of the Inspector General of Police, motor vehicles (laden and unladen) of weights in excess of the maxima shown in the following table opposite the respective types of tyres shall not be used on the roads in the districts indicated in the headings of the second, third and fourth columns of the table:

District.

City of Victoria. Hong Kong.

Hong Kong outside the City of Victoria, but excluding Victoria Road. Kowloon and New

Kowloon.

Victoria Road and

New Territories.

Weight if fitted with

pneumatic tyres

12 tons.

5 tons.

Weight if fitted with

solid tyres

7 tons.

5 tons.

3 tons. Prohi-

bited.

This regulation shall not apply to motor omnibuses. See regulation No. 160.

110. The speed of a commercial motor vehicle shall not exceed fifteen miles per hour. The maximum nett load which a commercial motor vehicle may carry shall be deter- mined by the Inspector General of Police and shall be stated in the licence of the vehicle it shall also be painted on the vehicle in a position and manner to his satisfaction.

111. The speed of a motor omnibus shall not exceed twenty miles

per hour.

.96

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

112. Except with the permission in writing of the Inspector General of Police no person other than the driver, driver's assistant and persons actually employed by the licensee or hirer shall travel on a commercial motor vehicle nor except with permission as aforesaid shall the total number of such employees in or upon the vehicle exceed six.

113. All commercial motor vehicles and motor omnibuses shall be fitted with a driving mirror to the satisfaction of the Inspector General of Police.

114. A European police officer may require the driver of a motor vehicle which is laden to drive such vehicle or to cause it to be driven or brought to any weighing-machine in order that the weight of the vehicle and load may be ascertained. The driver of such vehicle shall to the best of his ability afford all reasonable facilities for the purpose.

115. The diameter of any wheel of a motor vehicle which is fitted with a solid rubber tyre shall not be less than two feet six inches. All tyres (other than pneumatic) of motor vehicles shall be of materials, width and design to be approved by the Inspector General of Police.

All anti-skidding devices for attachment to the wheels or tyres of motor vehicles shall be of materials and design to be approved by the Inspector General of Police.

116. The tyre of each wheel of a motor vehicle used on any road in the New Territories shall be pneumatic, provided that in circumstances which the Inspector General of Police may deem to be exceptional he may issue a written permit allowing the substitution of other tyres approved by him for the wheels of a motor vehicle used only on such roads in the New Territories and during such period, as he may name in such permit.

117. A motor vehicle shall have suitable and sufficient springs between each axle and the frame of the chassis and shall otherwise be in good order and condition to the satis- faction of the Inspector General of Police.

118. No motor vehicle shall be fitted with any cut-out, fitting or other apparatus or device which will allow the ex- haust gases from the engine of the motor vehicle to escape into the atmosphere without first passing through a silencer, expansion chamber or other contrivance suitable and sufficient for reducing as far as may reasonably be practicable the noise which would otherwise be caused by the escape of the said

gases.

119. No premises shall be used as a garage unless per- mission in that behalf has first been obtained from the Inspector General of Police.

120. The licensee of a public motor vehicle shall whenever any alteration is made to the chassis or machinery of such vehicle notify such alteration within forty-eight hours thereof to the Inspector General of Police.

An applicant for the renewal of a licence for a public motor vehicle shall state in writing whether any, and, if so, what alterations have been made to the chassis or machinery of such vehicle since such vehicle was last inspected by the police.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932. 97

No person shall without the written permission of the Inspector General of Police make any alteration or addition to the steering gear, as supplied or fitted by the manufac- turers, of any public vehicle for the carriage of passengers, whereby the steering of such vehicle, as designed by the manufacturers, is affected in any way, with the exception of ordinary adjustments.

In cases where any alteration or addition to the steering gear of any such vehicle, for the purpose of affecting the steering in any way, is desired, detailed drawings or models and full particulars prepared by a qualified mechanical engineer shall be submitted by the licensee to the Inspector General of Police for his consideration.

Public motor vehicles shall carry a complete spare wheel and a serviceable kit of tools to the satisfaction of the Inspector General of Police.

121. Commercial motor vehicles shall be inspected by a police officer authorised by the Inspector General of Police for the purpose-

(1) before being licensed as new vehicles;

(2) on change of ownership;

(3) once monthly.

All reasonable facilities shall be given to every such inspecting officer by the licensee and the driver, and his reasonable requirements shall be complied with by them.

122. Private motor vehicles may be left unattended in the places set out in Schedule A to these regulations, or as the Inspector General of Police may from time to time direct by notice in the Gazette, and may use the stands set out in Part I of Schedule B, but may not use other stands.

123. No motor vehicle shall by any means or device be locked against movement thereof in, upon or near any vehicle stand, or any place at which private motor vehicles may be left unattended.

Motor cabs.

124. Every motor cab must be fitted with an approved taximeter to indicate to the hirer either the fare chargeable, or the distance travelled. The licensee of such motor cab shall maintain such taximeter in good working order.

125. No taximeter shall be affixed to any motor cab unless the appropriate seal or mark approved by the Inspector General of Police is affixed thereto. If a taximeter not having the said seal or mark intact is affixed to any motor cab, the licence of that vehicle shall be liable to revocation or suspension.

126. No person shall break or in any way tamper with the seal or mark placed on the taximeter, or, with intent to deceive, tamper with the taximeter.

127. The driver of every motor cab fitted with a taximeter shall as soon as he is hired and no sooner, set the taximeter in motion, and upon the termination of the hiring shall forth- with stop the taximeter.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

128. The driver of a motor cab shall not be compelled to drive for more than eighteen miles, and if hired by time shall not be compelled to drive for more than one hour, unless he shall at the time of hiring have agreed to the contrary.

129. The fare for the hiring of a motor cab fitted with a taximeter shall be according to the following scale :---

(1) For a distance not exceeding one mile ... $0.50 (2) Exceeding one mile, for each quarter of

a mile in excess

period of five minutes

(3) Waiting time with meter shut off for each

0.10

Trucks, carts, vans and horse or bullock drawn vehicles.

130. A truck, cart, van, or horse or bullock drawn vehicle shall be provided with an efficient brake in good working order. Any police officer may at any time examine the brake of such vehicle, and if in his opinion the brake is not efficient he may cause such vehicle to be taken to and detained at a police station.

131. The width of the face of the tyre of a truck, cart, van, or horse or bullock drawn vehicle shall not be less than three inches and the diameter of the wheel shall be not less than fifteen inches. The Inspector General of Police may in his discretion prescribe a greater width of tyre or diameter of wheel if the weight of the vehicle or of the load which it is designed to carry renders it in his opinion expedient to do so.

132. An applicant for a truck licence shall as a condition of the issue of such licence enter into a bond in the sum of $50 with one surety to the satisfaction of the Inspector General of Police making obligatory the attendance before the Inspector General of Police of the licensee or the driver of the truck, whenever required, and the payment of fines, compensation, or damages imposed, awarded, or recovered on, against, or from the licensee or the driver of such truck.

133. Except with the permission in writing of the Inspector General of Police, and subject to such conditions as he may see fit to impose, a licensee of a truck shall not transfer his licence.

134. Except with the permission in writing of the Inspector General of Police, a truck shall not exceed.six feet six inches in width between its extreme projecting points, nor fourteen feet in total length, nor shall the load placed upon the truck exceed five feet in width or ten feet in length, nor shall a truck be driven which with the load, if any, exceeds 1 ton in weight. The fee for each permit granted under this regulation shall be $2, payable on or before the issue of the permit. Such permits may be granted for any particular occasion, or for any period not exceeding twelve months.

Lights.

135. Every vehicle shall, between sunset and sunrise, carry a lamp or lamps, showing to the front a white light visible for such distance as will afford adequate means of notifying the approach or position of the vehicle. If the

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

lamp or lamps are so constructed as to permit a light to be seen from the rear that light shall be red. No vehicle. shall carry any lamp or lamps which permit any coloured light to be seen from the front of such vehicle.

136. A motor vehicle, other than a motor bicycle, and a truck, cart, van, and horse or bullock drawn vehicle shall, between sunset and sunrise, carry two front lights fixed horizontally so as to show the width of the vehicle. A motor cycle combination shall carry the second front light affixed to the side of the side car which is farthest away from the motor bicycle.

137. The front lights or front light on a motor vehicle shall be so arranged that no portion of the beam of light shall fall above a plane parallel to and 42 inches above the road- way measured at a distance of 100 feet in front of the vehicle.

138. The front light of a jinrikisha and of a chair shall be affixed on the off side thereof, and shall show a red light visible from the rear of the vehicle.

139. Every vehicle shall, between sunset and sunrise, carry a lamp showing a red light when seen from the rear of the vehicle; Provided that bicycles and tricycles, not being motor vehicles, may in lieu of such red light be provided with a red reflector of a type approved by the Inspector General of Police.

140. The rear light to be carried by motor vehicles shall illuminate the rear number plate. The red rear light to be carried by a truck shall be fixed on the off rear of the vehicle.

141. A driver of a motor vehicle shall not use a searchlight in the City of Victoria or in Kowloon or New Kowloon.

Bells and horns.

142. The warning device carried by a vehicle shall be subject to the approval of the Inspector General of Police.

143. A motor vehicle shall carry a warning device capable of giving sufficient warning of the approach or position of the vehicle.

144. A bicycle or tricycle not propelled by mechanical power shall carry a bell capable of giving sufficient warning of the approach or position of the vehicle. It shall not carry any warning device other than a bell.

145. A driver shall not use a warning device except for the purpose of giving warning of the approach or position of his vehicle.

146. A driver shall not use a horn, bell, or other form of sound-signal unnecessarily or in a manner calculated to cause public annoyance.

147. No horn, bell, or siren shall be carried on any jin- rikisha, or horse or bullock drawn vehicle, or used by the driver or occupant of such vehicle.

100

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

General.

148. Persons bearing loads shall keep near the kerb on the left side of the road.

149. No person shall carry a burden in such a manner that any portion of it touches the surface of the road.

150. All persons shall stop or move on when called upon to do so by a police officer.

151. No person shall, without the permission of the driver, ride in or upon any motor vehicle or interfere in any way with a motor vehicle or obstruct or attempt to obstruct the driver of a motor vehicle.

152. The hirer of a public vehicle shall pay the fare before or immediately upon the termination of the engagement.

153. No animal shall be employed to draw a vehicle until such animal has been examined by the Colonial Veterinary Surgeon, who if satisfied as to its fitness shall cause it to be branded upon the hoof.

　the hoof. Permission to employ an animal to draw a vehicle may be withdrawn at any time if in the opinion. of the Colonial Veterinary Surgeon the animal has become unfit for such work.

154. When in the opinion of the Inspector General of Police it appears necessary to close temporarily a road or any section of a road to all or any kind of traffic, he may cause such road or section of a road to be closed to such traffic for such period as he may think fit.

Notice of such closing will be inserted in at least two English and two Chinese daily newspapers published in the Colony.

155. The Inspector General of Police may in his discretion cause traffic. to be stopped or diverted at any time, and may, without the notice specified in regulation No. 154, close any road, to any particular kind or kinds of traffic for any period not exceeding twelve hours.

156. No person shall without the permission of the Inspector General of Police drive any vehicle on any road or section of a road which under regulations Nos. 154 or 155 of these regulations is closed to the traffic of that class of vehicle.

157. The driver of a vehicle passing through any junction or along any road in which there is a centrally placed structure, erection or traffic sign shall only use that part of the roadway on his own left side thereof.

Motor omnibus proprietors.

158. A proprietor of a motor omnibus shall not-

(1) allow his vehicle to ply for hire on any road or route other than a road or route approved for the purpose by the Inspector General of Police.

(2) allow his vehicle to be used for any private party or parties unless he has first obtained the permis- sion in writing of the Inspector General of Police.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

(3) exceed or depart from the terms or stipulations of any permit issued to him by the Inspector General of Police.

159. A proprietor of a motor omnibus shall ensure--

(1) that his vehicle bearing a certain route number or sign shall ply on such route and complete its journey.

(2) that his vehicle runs to scheduled time as approved

by the Inspector General of Police.

(3) that a board with the words "Bus full painted thereon, approved by the Inspector General of Police, is exhibited on his vehicle in such manner as to be easily visible to intending passengers, both by day and night. whenever passengers to the number which such vehicle is licensed to carry are travelling thereon.

(4) that every conductor employed by him is duly

licensed.

(5) that his vehicle is provided with a mechanical signalling device, to the satisfaction of the Inspec- tor General of Police, in good working order. easily seen from the rear, and to be lighted at night, for indicating to following traffic the direction to be taken by the vehicle, and intention to stop the vehicle.

160. No motor omnibus shall be licensed or shall ply unless it conforms with the constructional requirements laid down in Government Notification No. 328 of May 30th, 1930.

SCHEDULE A.

Places at which private motor vehicles may be left unattended.

Central District.

1. (a) City Hall Square, when no entertainment is in pro-

gress.

(b) Queen's Road Central, south side opposite the City Hall, when an entertainment is in progress in the City Hall.

Duddell Street, west side.

3. Douglas Street, west side.

4. Connaught Road Central, centre of the roadway between

P. & O Wharf and Douglas Wharf.

Connaught Road Central, centre of the roadway east of Star Ferry and east of the Taxi Cab stand. Connaught Road Central, centre of the roadway between Jackson Road and Murray Road and east of the Taxi Cab Stand.

Chater Road, centre of the roadway from Des Voeux

Road Central to the junction of Ice House Street. Chater Road, south side, between Jackson Road and

Murray Road.

101

102

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

9. Jackson Road, east side, between Des Voeux Road

Central and Connaught Road Central.

10.

Gilman Street, west side, between

west side. between Connaught Road Central and Des Vienx Central.

11. Rumsey Street, west side. between Connaught Road

Central and Des Voeux Road Central.

12. Wing Wo Road, west side

18.

14.

Man Wah Lane, west side, between Connaught Road

Central and Des Vaux Road Central.

Hillier Street, west side, between Connaught Road

Central and Bonham Strand.

15. Stanley Street, north side, between D'Aguilar Street and

Pottinger Street.

16. Jervois Street, north side.

17. Wardley Street, between Des Voeux Road Central and

Connaught Road Central.

Western District.

1. Chung Sing Street.

South Lane, west of Shek Tong Tsui Market.

3. Hill Road, centre of roadway between Des Vœux Road

West and Queen's Road West.

4. Hill Road, between Pokfulam Road and the bridge.

Eastern District.

Lee Garden Street.

Matheson Street, west side.

Landale Street, west side.

4. Anton Street, west side.

5. Race Course, Public entrance, when no race meeting is

in progress.

Kowloon.

1. Austin Road, north side, by Kowloon Bowling Club.

Middle Road, south side, between Nathan Road and

Hankow Road.

Peking Road, south side, between Hankow Road and

Ashley Road.

4. Mody Road, south side, between Nathan Road and

Cornwall Avenue.

5. Gascoigne Road, south side, beteen Jordan Road and

Chatham Road.

6. Saigon Street, south side, between Nathan Road and

Chi Wo Street.

7. Parkes Street, east side, between Saigon Street and

Ning Po Street.

8. Battery Street, west side, between Pakhoi Street and

Kansu Street.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

Man Ming Lane, south side, between Nathan Road and

Portland Street.

10. Kwong Wah Road, opposite Kwong Wah Hospital.

Shek Kip Mi Street, south side, between Lai Chi Kok

Road and Tai Nam Street.

11.

12. Kai Yan Road, south side. between Sam Tack Road and

Yee Tack Road.

13. Car Park, Salisbury Road, opposite Kowloon Fire Station. 14. Liberty Avenue.

15. Haiphong Road, north side, at junction of Canton Road. 16. Waterloo Road, from Argyle Street to Prince Edward

17.

Road.

Austin Avenue, south side, between Kimberley Road and

Chatham Road.

SCHEDULE B.

Vehicle Stands.

PART I.

Stands for private motor vehicles.

Island of Hong Kong.

1. Junction Bonham Road and Park Road

2. Junction Caine Road and Hospital Road........

6 cars.

Junction Caine Road and Caine Lane

وو

Elgin Street at junction with Caine Road

Glenealy, Junction Upper Albert Road and

Caine Road

6. Tram Station. Garden Road

Junction Robinson Road and Castle Road

8. Junction Ventris Road and Wong Nei Chung

Road

Hill District.

1. Opposite Peak Hotel

2. Magazine Gap

3. Jardine's Corner

PART II.

وو

10 cars.

Stands for public motor cars other than taxicabs.

Island of Hong Kong.

Chater Road, centre of road east of Ice House

Street

28 cars.

2. The island west of To Yuen Restaurant

... 10

Lee Garden Street

Kowloon.

1. Star Ferry

3 cars.

103

104

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932,

PART III.

Stands for taxicabs.

Island of Hong Kong,

1. Quarry Bay, entrance to Ship Yard

2. Causeway Bay, opposite entrance to Ship Yard

Jockey Club Stables

4. Junction Leighton Hill Road and Wong Nei

Chung Road

No. 2 Police Station

Connaught Road Central, centre of roadway

east of Jackson Road

7. Connaught Road Central, centre of roadway

east of Star Ferry

Pedder Street, centre of roadway between Des Voeux Road Central and Connaught Road Central

6 cabs.

9. Connaught Road Central, north side, west of

Blake Pier

10. Connaught Road Central, north side, west of

Canton Wharf

11. Rumsey Street between Des Voeux Road

Central and Wing Lok Street, east side

12. Junction Wing Lok Street and Des Vœux

Road Central, south side

13. Connaught Road West, north side, west of

Macao Wharf

Hill Road above Queen's Road West

14.

15. Western Street between Connaught Road West

and Des Voeux Road West both sides

Kowloon.

12 cabs.

1. Star Ferry

2. Austin Road, south side, opposite Kowloon

Bowling Club

Pakhoi Street, north side, between Nathan

Road and Woosung Street

4. Argyle Street, north side, east of No. 5

Railway Bridge

وو

5. Gillies Avenue west side, opposite Dock Gate..... 6. Yaumati Ferry Wharf

PART IV.

STAND

No.

Stands for jinrikishas.

PLACE.

NUMBER OF

VEHICLES

Eastern district.

Tram Terminus. Causeway Bay

Broadwood Road

Happy Retreat

Golf Club (Happy Valley)

Wanchai Road, north side, Tin Lok Lane

Nullah Lane

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

Stands for jinrikishas,-contd.

105

STAND

NUMBER OF

No.

PLACE.

VEHICLES

Ship Street

Gresson Street, east side

Li Chit Street, east side

Spring Garden Lane

Central district.

11.

Jackson Road, opposite the Hong Kong

Club

Connaught Road Central, centre of the

road, west of Star Ferry

Pottinger Street, both sides between Queen's Road Central and Des Vœux Road Central

Wing Kat Street, east side, between

Queen's Road Central and Des Vœux Road Central

Bonham Strand West, south side, north

end of the road

Queen Street, east side, between Con-

naught Road West and Queen's Road

West

.20

New Street, west side

Hollywood Road, west end, south side...

Lower Lascar Row, south side

Morrison Street, both sides, between

Queen's Road Central and Des Voeux Road Central

Wellington Street, south side, at the

back of the Old Fire Station

Peel Street, between Queen's Road

Central and Wellington Street

Graham Street, between Queen's Road

Central and Stanley Street

1530

Li Yuen Street West

154

Li Yuen Street East

D'Aguilar Street, west side.

Duddell Street, east side

Wardley Street, both sides, between

Queen's Road Central and Des Voeux

Road Central ...

Elgin Street, north side

30 Breezy Path, at foot of

Western district.

Sutherland Street, both sides, between Queen's Road West and Connaught Road West

Wilmer Street, both sides, between Queen's Road West and Connaught Road West

106

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

Stands for jinrikishas,-contd.

STAND

No.

PLACE.

Eastern Street, west side, between Queen's Road West and Des Voeux Road West

Kwai Heung Street, between Queen's Road West and Des Voeux Road West Centre Street, west side, between Queen's Road West and Des Voeux Road West

NUMBER OF

VEHICLES

Western Street, west side, between Des Voeux Road West and Connaught Road West

Western Street, both sides, between Queen's Road West and First Street. Water Street, west side, between Des Voeux Road West and Connaught Road West

Chun Sing Street, east side

Hill Road, above Queen's Road West,

west side

Sand Street, west side

Des Voeux Road West, at the To Yuen

Restaurant

Hight Street, west end

Park Street, south side, behind Li Ping's

School

Hill district.

Stubbs Road, outside chair shelter

Barker Road, outside tram station...........

STAND

No.

Stands for chairs.

PLACE.

Eastern district.

Shaukiwan Road, near Quarry Bay

Terrace

Broadwood Road

Central district.

NUMBER OF

VEHICLES

Aberdeen Street Steps, Queen's Road

end

New Street, east side

Cochrane Street, east side, between

Queen's Road Central and Stanley Street

Pottinger Street, between Queen's Road

Central and Stanley Street:

Wyndham Street, between

Queen's

Road Central and On Lan Street,

east side

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

Stands for chairs,-contd.

107

STAND

No.

PLACE.

NUMBER OF

VEHICLES

Connaught Road Central, between Blake

Pier and Star Ferry Pier

Ice House Street, south of Queen's Road

Central, on the west side

Garden Road, east side, at the bottom. Garden Road, east side, above the lower

Peak Tram Station

2220

Glenealy, east side, opposite the Dairy

Farm Offices

Gage Street, south side

Old Bailey, at the junction of Hollywood

Road

22226

Aberdeen Street, at the junction of

Hollywood Road

Shelley Street, between Elgin Street and

Mosque Street

Peel Street, between Elgin Street and

Robinson Road

Lower Castle Road, south side

Garden Road, at the junction of Bowen

Road

Robinson Road, at the bottom of Peak

Road

Castle Steps, east side

Conduit Road, west of house "Birdcage"

May Road, at Peak Tram Station

Macdonell Road, at Calder Path

Western district.

22222

Breezy Path, at the junction of Bonham

Road

Eastern Street, at the junction of

Bonham Road

27.

Hill Road, west side, south of Queen's

Road West

Hill district.

8888

28 Stubbs Road, outside the chair shelter.

Barker Road, outside the tram station...

STAND

No.

1 2

Kowloon.

Stands for jinrikishas.

PLACE.

NUMBER OF

VEHICLES

Tsim Sha Tsui.

Star Ferry

100

Middle Road, north side,

north

side, west of

Hankow Road

108

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

Stands for jinrikishas,-contd.

STAND

NUMBER OF

No.

PLACE.

VEHICLES

Railway Level Crossing at Holt's

Wharf

Peking Road, north side, between Canton

Road and Ashley Road

Hankow Road, east side, south of

Ashley Road

Mody Road, north side,

between

Cornwall Avenue and Carnarvon

Buildings

Haiphong Road, north side, opposite

Palace Hotel

со

Cameron Road, north side, west of

Carnarvon Road

Granville Road, north side, west of

Carnarvon Road

Navy Street, south side, west of Canton

Road

Kimberley Road, north side, east of

Carnarvon Road

Observatory Road, south side, between Kimberley Road and Chatham Road Chatham Road, east

east side,

side, opposite Austin Road

Austin Road, south side, east of Nathan

Road

Austin Road, south side, junction of

Temple Street

Path running between Austin Road and

Jordan Road

Cox's Road opposite Kowloon Cricket

Club

Temple Street, east side, south of

Bowring Street

Bowring Street, north side, between

Pilkem Street and Parkes Street ....

Nanking Street, south side, at junction

of Nathan Road

Gascoigne Road, north side, outside

Club de Recreio

Saigon Street, south side,

south side, west of

Nathan Road

Woosung Street, west side, north of

Pakhoi Street

Temple Street, west side, north of

Pakhoi Street

Public Square Street, Yaumati Ferry

Hi Lung Lane, south side, between Reclamation Street and Shanghai Street

Waterloo Road, south side, by Nullah between Portland Street and Nathan Road

2020

५

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

Stands for jinrikishas,--contd.

109

STAND

No.

PLACE.

NUMBER OF

VEHICLES

Hamilton Street, south side, between Shanghai Street and Portland Street.

Kwong Wah Road opposite Kwong Wah

Hospital

Mong Kok.

Soy Street, south side, between Portland

Street and Nathan Road

Shan Tung Street, north side, by Mong

Kok Ferry Wharf

Peace Avenue, west side,

Argyle Street. south side, between

Shanghai Street and

Reclamation

Street

Yaumati Railway Station

Mong Kok Road, south side. between

Portland Street and Shanghai Street. Fuk Tsun Street, north east side

Shamsuipo.

Shek Kip Mi Street, north side, between Tai Nam Street and Lai Chi Kok Road

Shamshuipo Ferry Wharf

Nam Cheung Street, between Ki Lung

Street and Yu Chow Street

Hung Hom.

Wuhu Street. cast of Taku Street

Bulkeley Street, north side by Dock

Main Gate

Gillies Avenue, east side, north of Wuhu

Street

Gillies Avenue, by Dock Gate

Temple Street, west side, north of Wuhu

Street

Kowloon City.

Sai Kung Road opposite Cheung On

Street

Sai Kung Road at junction with Po Kong

Road

SCHEDULE C.

Thoroughfares referred to in regulation No. 89.

ISLAND OF HONG KONG.

Yee Wo Street.

Johnston Road.

Wanchai Road.

Eastern district.

110

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

Caroline Road.

Leighton Hill Road. Morrison Hill Road.

Morrison Gap Road. Tin Lok Lane.

Queen's Road East.

Arsenal Street.

Central district.

Des Voeux Road Central.

Queen's Road Central.

Garden Road.

Caine Road.

Park Road.

Queen Victoria Street.

Ice House Street, between Des Voeux Road Central and

Connaught Road Central.

Pedder Street.

Murray Road.

Morrison Street, between Des Voeux Road Central and

Connaught Road Central.

Cleverly Street, between Des Voeux Road Central and

Connaught Road Central.

Lower Albert Road.

Upper Albert Road.

Wyndham Street, from Glenealy to Arbuthnot Road.

Western district.

Des Voeux Road West.

Queen's Road West.

Pokfulam Road. from Queen's Road West to Pumping

Station.

Bonham Road.

Western Street, between Queen's Road West and Des

Voeux Road West.

Catchick Street.

Cadogan Street, between Belchers Street and Catchick

Street.

Kowloon.

Canton Road, from Salisbury Road to Public Square

Street.

Reclamation Street, from Public Square Street to Mong

Kok Road.

Shanghai Street.

Shantung Street, from the sea front to Nathan Road. Public Square Street.

SCHEDULE D.

PART I.

Roads and portions of roads closed to

motor traffic.

Eastern district.

Roads in Shaukiwan Village, east of Shaukiwan Market,

Broadwood Road.

Wing Fung Street.

Bowen Road.

Kennedy Road, from the magazine to the laundries at the

east end.

--.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932. 111

Central district.

Peak Road.

Mosque Street.

Mosque Junction.

Wyndham Street, from Queen's Road Central to Dairy

Farm.

Elgin Street from Shelley Street westwards.

Cochrane Street.

Battery Path.

Aberdeen Street.

Caine Lane.

Graham Street.

Peel Street.

Sai Street.

Tung Street.

Possession Street.

Old Bailey.

Li Yuen Street East.

Li Yuen Street West.

Wing Wo Street, between Queen's Road Central and Des

Voeux Road Central.

Wing Kat Street, between Queen's Road Central and Des

Voeux Road Central.

Man Wah Lane, between Queen's Road Central and Des

Voeux Road Central.

Western district.

Eastern Street, between Bonham Road and Queen's Road

West.

Western Street, between Bonham Road and Queen's

Road West.

Centre Street, between Bonham Road and Queen's Road

West.

Water Street, south from Queen's Road West.

Babington Path.

Hill Road, from Shek Tong Tsui Market to the bridge. Sutherland Street, between Queen's Road West and Des

Voeux Road West.

Wilmer Street, between Queen's Road West and Des

Voeux Road West.

Kwai Heung Street.

Mui Fong Street.

High Street, from Eastern Street to junction of Bonham

Road.

Kom U Street.

Wo Fung Street.

Hill district.

All roads except Stubbs Road.

112

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

PART II.

Roads and portions of roads closed to motor

traffic except as herein mentioned.

ISLAND OF HONG KONG.

ROAD OR PORTION OF ROAD.

TRAFFIC ALLOWED.

Conduit Road.

Up from Robinson Road by Glenealy and down under the Bridge above Castle Road.

Ice House Street, be- tween Des Voeux Road Central and Queen's Road Central.

Between the hours of 6 p.m. and 8.30 a.m.

Chater Road, between Jackson Road and Murray Road.

Traffic proceeding in an easterly direction.

Hollywood Road.

Traffic proceeding in 3 westerly direction.

Second Street, between Pokfulam Road and Eas- tern Street.

Between the hours of 6 a.m. and 9 p.m.

Kowloon.

ROAD OR PORTION OF ROAD.

TRAFFIC ALLOWED.

Midddle Road. between Hankow

Road and Nathan Road.

Public Square Street, from Yau- mati Ferry to Cauton Road.

Kansu Street, from Canton Road

to Yaumati Ferry.

Traffic proceeding in an easterly direction.

Traffic proceeding to

Yaumati Ferry.

↓

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932. 113

Kowloon,--Continued.

ROAD OR PORTION OF ROAD.

TRAFFIC ALLOWED.

Wuhu Street, between Chatham

Road and Taku Street.

Traffic proceeding in a south easterly direction.

Bulkeley Street, between Chat- ham Road and Taku Street.

Traffic proceeding in a north westerly direction.

Taku Street, between Wuhu Street and Bulkeley Street.

Traffic proceeding in

a southerly

tion

direc-

D. W. TRATMAN,

Clerk of Councils.

COUNCIL CHAMBER,

12th January, 1932.

NOTES:-The effect of these regulations is to consolidate, with minor amendments, those set forth on pages 617-655 of the Regulations of Hong Kong, 1844-1925, and amended as appears in Government Notifications Nos. 368 of 1926, 331 of 1927, 586 of 1928, 27, 334, 553 and 653 of 1929, 218, 376 and 518 of 1930 and 13, 78, 524 and 602 of 1931.

The regulations relating to public motor vehicle services, set forth on pages 655-665 of the Regulations of Hong Kong, 1844-1925, and the regulation set forth in Government Notification No. 689 of 1927 are not affected and remain in force.

No. 51.

The Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, Table L, Quarantine Regulations.

It is hereby declared by order of His Excellency the Governor in Council that Sourabaya is a place at which an infectious or contagious disease, namely, plague, prevails.

COUNCIL CHAMBER,

27th January, 1932.

D. W. TRATMAN,

Clerk of Councils.

↓

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932. 113

Kowloon,--Continued.

ROAD OR PORTION OF ROAD.

TRAFFIC ALLOWED.

Wuhu Street, between Chatham

Road and Taku Street.

Traffic proceeding in a south easterly direction.

Bulkeley Street, between Chat- ham Road and Taku Street.

Traffic proceeding in a north westerly direction.

Taku Street, between Wuhu Street and Bulkeley Street.

Traffic proceeding in

a southerly

tion

direc-

D. W. TRATMAN,

Clerk of Councils.

COUNCIL CHAMBER,

12th January, 1932.

No. 51.

The Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, Table L, Quarantine Regulations.

It is hereby declared by order of His Excellency the Governor in Council that Sourabaya is a place at which an infectious or contagious disease, namely, plague, prevails.

COUNCIL CHAMBER,

27th January, 1932.

D. W. TRATMAN,

Clerk of Councils.

114

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

No. 52.

Hong Kong.

Order made by the Governor in Council on the 28th day of January, 1932, under Regulation No. 25 of the Emergency Regulations published in the Government Gazette of the 2nd October, 1931, by Government Notification No. 621.

The Governor in Council orders the suppression, for the period of four weeks, of the printing and publication of the newspaper TUNG FONG YAT PO.

COUNCIL CHAMBER,

28th January, 1932.

D. W. TRATMAN,

Clerk of Councils.

LEGISLATIVE COUNCIL.

No. 53.

LEGISLATIVE COUNCIL. No. 16.

Thursday, 17th December, 1931, at 2.30 p.m.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir WILLIAM PEEL, K.C.M.G., K.B.E.).

The Honourable the Colonial Secretary, (Mr. WILFRID THOMAS SOUTHORN, C.M.G.).

the Attorney General, (Mr. CHALONER GRENVILLE ALABASTER, K.C.,

O.B.E.).

the Secretary for Chinese Affairs, (Mr. EDWIN RICHARD HALLIFAX,

C.M.G., C.B.E.).

the Colonial Treasurer, (Mr. EDWIN TAYLOR).

Mr. HAROLD THOMAS CREASY, C.B.E., (Director of Public Works).

Mr. EDWARD DUDLEY CORSCADEN WOLFE, C.M.G., (Inspector General

of Police).

Commander GEORGE FRANCIS HOLE, R.N. (Retired), (Harbour Master). Sir HENRY EDWARD POLLOCK, Kt., K.C.

Mr. WILLIAM EDWARD LEONARD SHENTON.

Mr. ROBERT HORMUS KOTEWALL, C.M.G., LL.D.

Mr. José PEDRO BRAGA.

Mr. Ts'o SEEN-WAN, O.B.E., LL.D.

Mr. CHARLES GORDON STEWART MACKIE.

Mr. JOHN JOHNSTONE PATERSON.

Mr. CHAU TSUN-NIN.

Mr. ROLAND ARTHUR CHARLES NORTH, (Deputy Clerk of Councils).

114

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

No. 52.

Hong Kong.

The Governor in Council orders the suppression, for the period of four weeks, of the printing and publication of the newspaper TUNG FONG YAT PO.

COUNCIL CHAMBER,

28th January, 1932.

D. W. TRATMAN,

Clerk of Councils.

LEGISLATIVE COUNCIL.

No. 53.

LEGISLATIVE COUNCIL. No. 16.

Thursday, 17th December, 1931, at 2.30 p.m.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir WILLIAM PEEL, K.C.M.G., K.B.E.).

The Honourable the Colonial Secretary, (Mr. WILFRID THOMAS SOUTHORN, C.M.G.).

the Attorney General, (Mr. CHALONER GRENVILLE ALABASTER, K.C.,

O.B.E.).

the Secretary for Chinese Affairs, (Mr. EDWIN RICHARD HALLIFAX,

C.M.G., C.B.E.).

the Colonial Treasurer, (Mr. EDWIN TAYLOR).

Mr. HAROLD THOMAS CREASY, C.B.E., (Director of Public Works).

Mr. EDWARD DUDLEY CORSCADEN WOLFE, C.M.G., (Inspector General

of Police).

Commander GEORGE FRANCIS HOLE, R.N. (Retired), (Harbour Master). Sir HENRY EDWARD POLLOCK, Kt., K.C.

Mr. WILLIAM EDWARD LEONARD SHENTON.

Mr. ROBERT HORMUS KOTEWALL, C.M.G., LL.D.

Mr. José PEDRO BRAGA.

Mr. Ts'o SEEN-WAN, O.B.E., LL.D.

Mr. CHARLES GORDON STEWART MACKIE.

Mr. JOHN JOHNSTONE PATERSON.

Mr. CHAU TSUN-NIN.

Mr. ROLAND ARTHUR CHARLES NORTH, (Deputy Clerk of Councils).

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932. 115

ABSENT:

His Excellency the General Officer Commanding the Troops, (Major-General JAMES

WALTER SANDILANDS, C.B., C.M.G., D.S.O.).

The Honourable Dr. WILLIAM BROWNLOW ASHE MOORE, (Director of Medical and

Sanitary Services).

1. The Council met pursuant to adjournment. His Excellency the Governor

occupied the Chair.

MINUTES.

2. The Minutes of the Meeting held on the 10th December, 1931, were confirmed.

QUESTIONS.

3. The Hon. Mr. R. H. KoTEWALL, C.M.G., LL.D., pursuant to notice, asked the

following questions:

With reference to the remark made by the Hon. Colonial Secretary at the meeting of the Legislative Council held on the 22nd October, 1931, that the Government would give serious consideration to my suggestion that

a committee be appointed to consider the general education policy of the Government, will the Government state-

(1) Whether such a committee will be appointed; and

(2) If not, what step does the Government propose to take to give

effect to the object in view?

The Colonial Secretary replied as follows:

1. The Government does not consider that the appointment of such a committee is called for as there already exists, in the Board of Education, a body which is competent to advise on matters connected with education in the Colony.

2. In October, 1930, the Board was invited to review the existing system of education and to make recommendations in respect of future policy. Several of its recommendations have already been put into operation and others will be adopted shortly.

The recommendations deal with such matters as the distribution of funds provided for educational purposes, syllabuses English and Chinese, the possibility of improving the opportunities of the children in private schools, the school medical service, the difficult question of the extent to which public funds should be made available for other than Vernacular education, the University Local Examinations and the training of teachers, and, in fact, constitute just such an overhaul of the existing system as appears to be contemplated by the Honourable Member.

REPORT OF THE FINANCE COMMITTEE,

4. The Colonial Secretary laid on the table the Report of the Finance Committee

(No. 13), dated the 10th December, 1931, and moved its adoption.

The Colonial Treasurer seconded.

Question-put and agreed to.

5. The Attorney General moved :---

MOTIONS.

That the rule dated 27th day of October, 1931, made by the Registrar of Patents under section 11 of the Registration of United Kingdow. Patents Ordinance, 1925, be approved.

The Colonial Secretary seconded.

Question-put and agreed to.

116

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

6. Liquors Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to amend and consolidate the law relating to intoxi- cating liquors."

The Colonial Secretary seconded.

Question--put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

In Clause 2 (13) after the word "liquors" the following words were added:-

"and shall include a warehouse conditionally appointed for the storing of the dutiable liquors of any specified person or firm ".

On Council resuming, the Attorney General reported that the Bill had passed through Committee with amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question--put and agreed to.

Bill read a third time and passed.

7. Public Revenue Protection Amendment Bill--The Attorney General moved the Second reading of the Bill intituled "An Ordinance to amend the Public Revenue Protection Ordinance, 1927."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question--put and agreed to.

Bill read a third time and passed.

8. Registration of United Kingdom Patents Amendment Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to amend further the Registration of United Kingdom Patents Ordinance, 1925.'

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

9. Tobacco Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to amend and consolidate the law relating to the taxation of tobacco."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932. 117

In the First Schedule. Regulation 2 page 16 the word "Steamship" was deleted

after the words "China Navigation" in the fifth line.

On Council resuming, the Attorney General reported that the Bill had passed through Committee with amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

10. Belting Duty Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to make provision for the taxation of bets on authorised totalisators or pari-mutuels and on contributions or subscriptions towards authorised cash-sweeps."

The Colonial Secretary seconded. Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

In section 4 (1) the following words were added: --

"Provided that the Inspector General of Police may permit any club to issue lists of numbers against which the names of the subscribers shall be entered."

After Clause 9 the following new clause was added:-

10. This Ordinance shall come into operation on the first Commencement.

day of January, 1932.

On Council resuming, the Attorney General reported that the Bill had passed through Committee with amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

ADJOURNMENT.

11. The Council then adjourned sine die.

Confirmed this 28th day of January, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils,

W. PEEL,

Governor.

　　No. 54.-His Majesty the KING has not been advised to exercise his power of disallowance with respect to the following Ordinances :-

Ordinance No. 22 of 1931.-An Ordinance to amend the Official Signatures

Fees Ordinance, 1888.

Ordinance No. 23 of 1931.-An Ordinance to amend the Police Force Ordi-

nance, 1900.

COUNCIL CHAMBER,

28th January, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932. 117

In the First Schedule. Regulation 2 page 16 the word "Steamship" was deleted

after the words "China Navigation" in the fifth line.

On Council resuming, the Attorney General reported that the Bill had passed through Committee with amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

The Colonial Secretary seconded. Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

In section 4 (1) the following words were added: --

"Provided that the Inspector General of Police may permit any club to issue lists of numbers against which the names of the subscribers shall be entered."

After Clause 9 the following new clause was added:-

10. This Ordinance shall come into operation on the first Commencement.

day of January, 1932.

On Council resuming, the Attorney General reported that the Bill had passed through Committee with amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

ADJOURNMENT.

11. The Council then adjourned sine die.

Confirmed this 28th day of January, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils,

W. PEEL,

Governor.

　　No. 54.-His Majesty the KING has not been advised to exercise his power of disallowance with respect to the following Ordinances :-

Ordinance No. 22 of 1931.-An Ordinance to amend the Official Signatures

Fees Ordinance, 1888.

Ordinance No. 23 of 1931.-An Ordinance to amend the Police Force Ordi-

nance, 1900.

COUNCIL CHAMBER,

28th January, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

118

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

No. 55.

By-laws made by the Sanitary Board under section 16 of the Public Health and Build- ings Ordinance, 1903, Ordinance No. 1 of 1903.

The By-laws made by the Sanitary Board under the heading "Eating-houses published as Government Notification No. 552 in the Gazette of 5th September, 1930, and amended as appears in Government Notification No. 553 published concurrently, are further amended by the insertion, next after by-law 6, of the following by-laws :

6A. No person shall spit in any eating house except into spittoons provided for

the purpose.

6B. The licensee shall cause to be continuously displayed, in a conspicuous position on every floor of his licensed premises, while such premises are open to the public, a notice or notices of a size and form approved by the Board, and in a language prescribed by the Board, requiring his customers not to spit on the floor: provided that the Board may, in its discretion, exempt in writing any premises from the above requirement as to display of notice, and revoke in writing any such exemption.

6C. The licensee shall cause any phlegm, spittle or saliva found on the floor of his premises to be promptly swept up and removed; and in the event of his providing one or more spittoons, shall cause a sufficient quantity of a disinfectant fluid to be kept continuously in such spittoons while in use; and shall thoroughly cleanse them daily at the close of business.

Made by the Sanitary Board this 8th day of December, 1931.

J. H. GELLING,

Secretary.

Approved by the Legislative Council this 28th day of January, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

APPOINTMENTS, &c.

　　　　No. 56.-His Excellency the Governor has been pleased to appoint Mr. LANCELOT RUGGLES ANDREWES to act as Deputy Registrar of the Supreme Court.

28th January, 1932.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

119

No. 57. It is hereby notified that Mr. ROBERT BAKER resumed duty as Manager

· and Chief Engineer of the Kowloon-Canton Railway on 28th January, 1932.

29th January, 1932.

　　　No. 58. His Excellency the Governor has been pleased to appoint the Honourable Mr. CHARLES GORDON STEWART MACKIE to be a Member of the Authorized Architects Committee, vice Mr. BENJAMIN DAVID FLEMING BEITH, resigned.

29th January, 1932.

　　　No. 59.-His Excellency the Governor has been pleased to appoint Mr. Woo HANG KAM to be a member of the Board of Education for a further period of two years, with effect from the 3rd February, 1932.

29th January, 1932.

　　　No. 60. His Excellency the Governor has been pleased, under section 4 of the Midwives Ordinance, 1910, Ordinance No. 22 of 1910, to appoint Dr. ANNIE SYDENHAM, to be a Member of the Midwives Board, vice Dr. FRANK RICHARD ASHTON, resigned.

29th January, 1932.

No. 61.

NOTICES.

ROYAL OBSERVATORY.

Sunrise and Sunset in Hong Kong for February, 1932.

(STANDARD TIME OF THE 120TH MERIDIAN, EAST OF GREENWICH.)

DATE.

SUNRISE. SUNSET.

DATE.

SUNRISE.

SUNSET.

February 1...

2..

7.03 a.m.

6.11 p.m. February 16.

6.56 a.m.

6.20 p.m.

7.03

3..

7.02

6.12 6.13

17.

6.55

6.21

18.

6.54

6.21

4..

7.02

6.13

19.

6.54

6.22

5..

7.02

6.14

20.

6.53

6.22

7.01

6.14

21...

6.52

6.23

7.00

6.15

22.

6.51

6.23

8....

7.00

6.15

23.

6.50

6.23

9.....

6.59

10..

6.59

6.16 6.17

24.

6.49

6.24

25..

6.49

6.24

11.

6.58

6.18

12.

6.58

6.18

26..

6.48

6.25

6.47

6.26

多势

13.

6.57

6.19

28....

6.47

6.26

14..

6.57

6.19

29.

6.46

6.27

15.......

6.56

6.20

28th January, 1932.

T. F. CLAXTON,

Director.

120 THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

No. 62.

COMPARATIVE STATEMENT OF THE REVENUE AND EXPEN

Revenue from

Estimates.

1st to

Heads of Revenue.

1931.

31st

October, 1931.

year.

Light Dues...

Licences and

648,740

Internal

18,558,075

Revenue not otherwise specified

Fees of Court or Office

51,886.83

Revenue for same

Actual Revenue to

Revenue

for same

period of preceding

31st October, 1931.

period of

preceding

year.

30,398.25

$ C.

275,081.18

539,955.05

2,102,389.51 1,496,787.99 17,377,681.23 13,343,234.12

Payments for specific purposes, and Reim- bursements in Aid........

2,285,102 208,011.36

200,354.83 2,105,468.76 1,778,321.04

Post Office

1,360,000

165,027.32

125,073.16 1,622,227.82 1,060,999.13

Kowloon-Canton Railway...

948,550

97,934.33

83,804.26 891,564.85

792,934.36

Rent of Government Pro- perty, Land and Houses...

1,432,420

197,258.90

183,011.17

1,152,617.45 1,153.371.15

Interest

133,000

10,654.24

87,474.17

214,565.88

347,068.38

Miscellaneous Receipts......

622,872

61,959.57

40,329.76 704,491.74

476,164.13

Total (exclusive of Land

Sales)

25,988,759 2,895,122.06

2,247,233.59 | 24,608,572.78 19,227,173.49

Land Sales (Premia on New

Leases)

1,500,000 202,872.23 231,356.12 2,391,192.41 1,882,972.82

TOTAL.........$ 27,488,759 3,097,994.29 2,478,589.71 26,999,765.19 21,110,146.31

28th January, 1932.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

TREASURY.

121

DITURE FOR THE PERIOD ENDED 31ST OCTOBER, 1932.

Estimates,

Heads of Expenditure.

1931.

Expenditure from 1st to 31st October, 1931.

Expenditure for same period of preceding

year.

Actual Expenditure

to 31st October,

1931.

Expenditure for same period of preceding year.

H. E. the Governor

155,890

14.715.65

17,010,00

Cadet Service

566,221

49,448.04

46,326.88

145,382.73

124,019.44

543,198.07 120,537.91

Senior Clerical and Ac-

counting Staff .....

334.113

16.220.22

28,307.54

292,755.51

262,538.66

Junior Clerical Service

916,050

72,304.96

72.135.92

726,756.05 713,858.73

Colonial Secretary's Office

and Legislature

60,625

6,478.42

6,244.06

60,679.11

56,220.31

Secretariat

for Chinese

Affairs

19,629

3.744.39

3.433.19

17.717.14

15,995.97

Treasury

54,635

4,711.14

4.252.85

60,951.55

27,466.13

Audit Department

72.604

5,803.47

5.555.48

70,637.12

56,480.34

District Office, North

24,317

1,759.48

1,714.58

18,556.97

20,486.90

Do.,

South

12,340

1,034.57

1,026.48

9.212.77

10,278.82

Communications :-

(a) Post Office

408,405

42,573.26

8,484.61

381,859.16

243,972.38

(b) Do. Wireless

Telegraph Service.

149,961

12,855.42

11,204.74

120,613.40

107,041.67

Imports and Exports

Office

871,194

22,392.88

79,092.15

842,759.25

721,546,92

Harbour Department

1,164,394

57,561.18

77,834.30

779,188.78

800,238.13

Do.

Air

Service

154,568

946.30

28,896.00

24,953.71

91,982.01

Royal Observatory

71,012

5,752.33

4.214.50

62,430.97

44,538.47

Fire Brigade...

326,479

15.156.42

16,913.07

264,433.51

175,600.62

Supreme Court...

173,354

14,120.90

14,804.93

165,709.67

142,545.79

Attorney General.

47.226

4.198.60

3.791.12

43,056.48

37,814.56

Crown Solicitor's Office

50,322

4,258.01

4,014.24

44,300.59

39,454.68

Official Receiver

18,631

1,634.56

2,163.58

17.930.90

18,603.84

Land Office

36,754

7,413.59

3,033.54

37,933.03

30,062.56

Magistracy, Hong Kong...

2,399

116.36

161.87

1,521.20

1,586.34

Do.,

Kowloon

2,190

174.93

172.00

1,521.81

1,657.65

Police Force

2.710,962

211.233.23

216.659.01

2,380,636.40

2,151,840.71

Prisons Department.

713,369

68,701.07

64,057.74

649,109.00

547,872.30

Medical Department

1,446,585

120,042.14

98,679.62

1,127,718,60

963,354.84

Sanitary Department

954,276

59,039.90

74,821.26

711,324.10

724,528.48

Botanical and Forestry

Department

119,587

12.233.42

8,535.68

95,133,16

96,970.26

Education Department

1,739,708

116.210.90

113,706.03

1,447,753.56

1,373,525.14

Public Works Department.

2,038,928

190,781.98

173,501,86

1,964,184.46

1,654,033.73

Do., Recurrent........

1,536,150

107,543.87

89.046.74

1,057,200.20

945,788.76

Do., Extraordinary.

2,500,000

158,119.90

Kowloon-Canton Railway..

947,547

79,534.28

214.706.16 95,318.79

1,588,687.84

1,779,127.41

730,302.91

679,370.38

Defence:

(a) Volunteer

Defence

Corps

103,660

6,649.08

7,796.03

72,450.37

67,248.64

(6) Military

Contribu-

tion

4,784,290

388,128.25

Miscellaneous Services

1,490,955

65,479.67

Charitable Services

142,295

100,902.00

321,821.75 371,004.62 2.553.69

4,156,341.86

3,220,125.81

1,442,948.21 | 1,438,360.13

165,607.73

Charge

on Account of

Public Debt

Pensions

1,638,230 1,228,000

928,612.39 155,798.99

995,425.04 1,746,481,56 130,419.18 1,364,924.03

65,646.57

1,588,117.82

914,403.59

TOTAL...

29,787,855 3,134,386.15 3,418,840.83 25,434,863.47

22,374,843.40

EDWIN TAYLOR,

Treasurer.

122

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

TREASURY

No. 63-Financial Statement for the month of October, 1931.

REVENUE AND EXPENDITURE.

Excess of Assets over Liabilities on 30th September, 1931

Revenue from 1st to 31st October, 1931

10,962,973.32

3,097,994.29

Expenditure from 1st to 31st October, 1931

$ 14,060,967.61 3,134,386.15

Balance

$ 10,926,581.46

Deposits :-

Assets and Liabilities on the 31st October, 1931.

LIABILITIES.

Advances:

ASSETS.

Contractors

Deposits

and

Officers

476,692.81

Suitors Fund

589,167.26

On account of Future Loan..... 3,083,635.22 Purchase of three Locomo- tives for Chinese Section, Kowloon-Canton Railway.

Miscellaneous Deposits

986,881.50

Miscellaneous

447,468.26

145,062.94

House Service Account

28,244.41

Building Loans

1,053,924.31

Postal Agencies

3,667.53

Imprest Account

41,761.54

Suspense Account

738,206.72

Subsidiary Coins....

1,405,167.47

Exchange Adjustment.

981,947.09

Investments:

Surplus Funds..

1,715,849.70

Trade Loan Reserve

1,030,510.84

Trade Loan Outstanding

1,236,829.76

Praya East Reclamation

146,653.45

Coal Account

2,580.41

•

Unallocated Stores, (P.W.D.)..

529,777.43

Unallocated Stores, (K.C.R.)

170,290.40

Total Liabilities

4,981,971.61

Lorry Haulage Account.

12.426.47

xcess of Assets over Liabi-

lities

Cash :-

10,926,581.46

TOTAL....

28th January, 1932.

15,908,553.07

Treasurer

Crown Agents

Joint Colonial Fund On Fixed Deposit

2,042,001.89 6,855.19 3,555,555.56

459,366.52

TOTAL..........$

15,908,553.07

* Joint Colonial Fund.....

£200,000 0s. Od.

EDWIN TAYLOR,

Treasurer.

124

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932.

The Crown Lands Resumption Ordinance, 1900 and 1930.

No. 68. It is hereby notified, under section 6 of the Crown Lands Resumption Ordinance, 1900 as amended by The Crown Lands Resumption Amendment Ordinance, 1930, that the Board of Arbitrators appointed to determine the amount of compensation to be paid in respect of the resumption of the Remaining Portion of Lot No. 5085, in Survey District I, is constituted as follows :-

Mr. PHILIP JACKS, Justice of the Peace, Chairman.

Mr. HENRY EDWARD GOLDSMITH, J.P., nominated by His Excellency the Governor. Mr. ERNEST MANNING HAZELAND, Architect, nominated by the Chairman on

behalf of the owners.

　　　It is hereby further notified that the Chairman hereby appoints Friday, the 5th day of February, 1932, at 2.15 o'clock in the afternoon, at the Land Office, Courts of Justice, Hong Kong, as the time and place for the Board to commence its sittings.

　　　Any person claiming compensation, whether as owner or otherwise, by reason of such resumption must, before the commencement of the sittings of the Board, transmit to the Colonial Secretary, for transmission to the Board, a written claim stating the nature of his right or interest in the land and the amount which he seeks to recover.

28th January, 1932.

PHILIP JACKS,

Chairman of the Board of Arbitrators.

决償

憲示第六十八號

仟第

及十

千八

百號

則例啟者茲按照一仟九百世年則例卽收回政府公地則一仟九百年及一千九百卅年收回政府公地

所世

擬年

補約公

囘份地

公補第則

太平紳士翟仕先生决斷茲將所委公斷人開列於左償費若干則現經委定公斷人組織公斷局俾得秉公五千零八十五號地之餘與佈告於衆至應補回補例第六條規定將政府所擬收回第一號丈量約份第

主席

對篇叙

期本

業會日

畫太

太平紳士

高師微先生

由督憲指派

畫則師

希士倫先生

席代業主指派

一仟九百卅二年正月廿八日

若干繕列清楚遞呈布政司轉交公斷人審查此佈其對於收回之地所有權利之詳情及欲取回補置費其爲業主或別項人等須於公斷人開始叙會之前將始叙會審查該事如有因該地收回欲求補置者無論期五日下午兩點十五分鐘在按察司署内田土廳開本主席現定於一仟九百卅二年陽曆二月五號即星公斷局主席翟仕啟

即指

開星派

發於香港臬署

No. 69.-It is hereby

LAND REGISTRY OFFICE.

notified for general information that a Memorial of

Re-entry by the Crown.on New Kowloon Inland Lot No. 1664 has been registered according to law.

26th January, 1932.

PHILIP JACKS,

· Land Officer.

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 29, 1932. 125

LAND REGISTRY OFFICE.

　　No. 70.-It is hereby notified for general information that a a Memorial of Re-entry by the Crown on Kowloon Inland Lot No. 2082 has been registered according to law.

28th January, 1982.

PHILIP JACKS,

Land Officer

OFFICE OF REGISTRAR OF TRADE Marks.

　　No. 71.-It is hereby notified that the registration of the following trade mark has been renewed under the provisions of the Trade Marks Ordinance, 1909 :--

Number

of Marks.

Date of Registration.

Name and Address of Owner.

Period of Renewal.

Class in which renewed.

File No.

Nos. 1811, 18III, 27th January,

18IV, 18VI,

1890.

Cope Brothers & Co., Ltd., Liverpool and London.

27th January, 1946.

330 of 1931,

and 18XXVIII,

of 1890.

27th January, 1932.

E. L. AGASSIZ, Registrar of Trade Marks.

128

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 5, 1932.

EXECUTIVE COUNCIL.

No. 72.

Hong Kong.

ORDINANCE No. 8 of 1887 (LICENSING)

In exercise of the powers conferred by sections 3 and 7 of the Licensing Ordinance, 1887, the Governor in Council orders the repeal of the Schedule to the said. Ordinance and the substitution of the following Schedule therefor :---

Schedule.

PARTICULARS RELATING TO LICENCES.

[s. 7.]

Description

of Licence.

Term of licence.

Fee.

Granted and

issued by

Auctioneer.

Annual.

$600

Inspector General of

Police.

Do.

Weekly.

$ 25

Do.

Public billiard table,

Annual.

$100

Do.

skittleground

ninepin or bowling-

alley.

Money-changer.

Do.

. $100

Do.

Chinese undertaker.

Do.

$ 25

Hawker (Stallholder)

Do.

$ 24

Head of Sanitary

Department.

Inspector General of

Police

Do. (Itinerant for

Do.

ម៉

Do.

other than

tobacco).

Do. (Steamship)

Do.

$24

Do.

Do. (Native

craft).

Do.

Do. (Newspaper).

Do.

$ 1

Do.

COUNCIL CHAMBER,

2nd February, 1932.

D. W. TRATMAN,

Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 5, 1932. 129

No. 73.

The Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, Table L, Quarantine Regulations.

It is hereby declared by order of His Excellency the Governor in Council that Saigon is a place at which an infectious or contagious disease, namely, small-pox, prevails.

COUNCIL CHAMBER,

2nd February, 1932.

D. W. TRATMAN,

Clerk of Councils.

LEGISLATIVE COUNCIL.

No. 74. His Majesty the KING has not been advised to exercise his power of disallowance with respect to the following Ordinance :-

Ordinance No. 21 of 1931.-An Ordinance to amend the Magistrates Ordinance,

1890.

COUNCIL CHAMBER,

3rd February, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

APPOINTMENTS, &c.

No. 75.-His Excellency the Governor has been pleased to appoint Mr. EDWARD IRVINE WYNNE-JONES to be a Police Magistrate, with effect from 1st February, 1932.

1st February, 1932.

　　　No. 76. His Excellency the Governor has been pleased to make the following transfer in the Hong Kong Volunteer Defence Corps :-

Lieutenant ROBEert Keith ValenTINE, Armoured Car Section, to be transferred to the Reserve of Officers, Hong Kong Volunteer Defence Corps, with effect from 19th January, 1932.

2nd February, 1932.

　　　No. 77.-His Excellency the Governor has been pleased to appoint, under the provisions of paragraph 8 of Statute 4 of the Second Schedule of the University Ordi- nance, 1911, Ordinance No. 10 of 1911, Mr. HERBERT RICHARD BUDD HANCOCK to act as a Member of the Court of the University of Hong Kong, during the absence on leave of Mr. HUGH BLACKWELL LAYARD DOWBIGGIN, with effect from 30th January, 1932.

4th February, 1932.

130

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 5, 1932.

　　　　No. 78.-His Excellency the Governor has been pleased to appoint, under the provisions of paragraph 1 of Statute 7 of the Second Schedule of the University Ordi- nance, 1911, Ordinance No. 10 of 1911, Professor ROBERT KENNEDY MUIR SIMPSON, M.C., M.A., to be an additional member of the Council of the University of Hong Kong for a period of one year, with effect from the 1st February, 1932.

4th February,1932.

　　　　No. 79.-His Excellency the Governor has been pleased to appoint, under the provisions of paragraph 1 of Statute 7 of the Second Sechedule of the University Ordi- nance, 1911, Ordinance No. 10 of 1911, the Honourable Sir SHOUSON CHOW, Kt., to be an additional member of the Council of the University of Hong Kong for a period of three years, with effect from the 1st February, 1932.

4th February, 1932.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. 80.-It is hereby notified that a competitive examination for the Indian Civil Service, open to all qualified persons, will be held in London in July and August, 1932, and that copies of the regulations, syllabus of examination, and forms of application to be filled up by the candidates may be seen on application at this office.

5th February, 1932.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

　　　　No. 81.-It is hereby notified that it is the intention of His Excellency the Governor to make an Order on the expiration of six months from the date hereof directing the removal of all graves in those portions of Sections A, B and C in Chai Wan Cemetery in which bodies were buried during the year 1923, and of all graves in this cemetery between the numbers 6000 to 6499 inclusive which have not previously been exhumed. Such Order will be made for the purpose of the execution of a public work namely the proper laying out of such area for the purpose of burial therein of Chinese dead.

5th February, 1932.

W. T. SoUTHORN,

Colonial Secretary.

憲示第八十一號

布政司蕭

曉諭事照得現奉

卽行遷葬別處等因奉此合亟出示督憲擬由本日起於六閱月内諭令

千號至六千四百九十九號者現未經檢遷之墳墓其碑石號數由六 A字B字及C字之屍骸及從前骸之用凡於一千九百廿三年葬在

督憲札開現將柴灣墳場之A字B 字及C字改築以便埋葬華人屍

篇

在屍

曉諭俾衆週知爲此特示

一千九百三十年二

二月

五號示

镌

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 5, 1932.

COLONIAL SECRETARY's DEPARTMENT.

131

　　No. 82. It is hereby notified that it is the intention of His Excellency the Governor to make an Order on the expiration of six months from the date hereof directing the removal of all graves in those portions of Sections B and C in Mount Caroline Cemetery in which bodies were buried during the year 1924, and in that portion of Section A in which bodies were buried during 1925. Such Order will be made for the purpose of the execution of a public work namely the proper laying out of such area for the purpose of burial therein of Chinese dead.

W. T. SOUTHORN,

Colonial Secretary.

5th February, 1932.

憲示第八十二號

布政司蕭

曉諭事照得現奉

五年内在A字民所葬之屍骸現

在B字及C字段及於一千九百屍骸之用凡於一千九百廿四年内 B字及C宇毘改築以便埋葬華人

督憲札開現將咖啡園墳場之A字

篇

廿

卽行遷葬別處等因奉此合亟出示督憲擬由本日起於六閱月内諭令

曉諭俾衆週知爲此特示

一千九百三十二年

月

五號示

W. T. SOUTHORN,

Colonial Secretary.

No. 83.-It is

hereby

COLONIAL SECRETARY'S DEPARTMENT.

notified that it is the intention of His Excellency the Governor to make an Order on the expiration of six months from the date hereof directing the removal of all graves in that portion of Section A in New Kowloon Cemetery No. 4 (Sai Yu Shek Cemetery) in which bodies were buried during the year 1925, and in those portions of Sections B and C in which bodies were buried during the year 1924. Such Order will be made for the purpose of the execution of a public work namely the proper laying out of such area for the purpose of burial therein of Chinese dead.

•

ôth February, 1932.

憲示第八十三號

布政司蕭

別處等因奉此合亟出示曉諭俾衆本日起於六閱月内諭令即行遷葬

c 字段所葬之屍骸現督憲擬由

及於一千九百廿四年内在B字及凡於一千九百廿五年内在A字字段改築以便埋葬華人屍骸之用 (卽晒魚石墳場)之A字B字及C 督憲札開現將新九龍墳塲第四號

曉諭事照得現奉

週知爲此特示

一千九百三十二年二月五號示

篇

132

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 5, 1932.

COLONIAL SECRETARY'S DEPARTMENT.

No. 84.-It is hereby notified that it is the intention of His Excellency the Governor to make an Order on the expiration of six months from the date hereof directing the removal of all graves in those portions of Sections B and C in Kowloon Cemetery No. 2 (Ho Man Tin Cemetery) in which bodies were buried during the year 1923, and in Section A and Trenches in which bodies were buried during the year 1925. Such Order will be made for the purpose of the execution of a public work namely the proper laying out of such area for the purpose of burial therein of Chinese dead.

W. T. SOUTHORN,

Colonial Secretary.

óth February,1932.

憲示第八十四號

布政司蕭

曉論事照得現奉

之用凡於一千九百廿三年内在。炭及義地改築以便埋葬華人屍骸卽何文田墳塲)之A字B字字

督憲札開現將九龍墳場第二號(

現

諭令卽行遷葬別處等因奉此合現督憲擬由本日起於六閱月内在A字段及義地處所葬之屍骸字及C字及於一千九百廿五年

出示曉諭俾衆週知爲此特示

一千九百三十二年二月五號示

W. T. SOUTHORN,

Colonial Secretary.

No. 85.-It is

hereby notified

COLONIAL SECRETARY'S DEPARTMENT.

that it is the intention of His Excellency the Governor to make an Order on the expiration of six months from the date hereof directing the removal of all graves in that portion of Section A in New Kowloon Cemetery No. 3 (Cheung Sha Wan Cemetery) in which bodies were buried during the year 1923. Such Order will be made for the purpose of the execution of a public work namely the proper laying out of such area for the purpose burial therein of Chinese dead.

5th February, 1932.

憲示第八十五號

布政司蕭

曉諭事照得現奉

卽行遷葬別處等因奉此合亟出示

督憲擬由本日起於六閲月内諭令

百廿三年内在該段所葬之屍骸現便埋葬華人屍骸之用凡於一仟九

(卽長沙灣墳塲)之A字段改築以督憲札開現將新九龍墳場第三號

曉諭俾衆週知爲此特示

一千九百三十二年二月五號示

爲

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY5, 1932. 133

COLONIAL SECRETARY'S DEPARTMENT.

No. 86. It is hereby notified that it is the intention of His Excellency the Governor to make an Order on the expiration of six months from the date hereof directing the removal of all graves in that portion of Section A in Kai Lung Wan East Cemetery in which bodies were buried during the year 1925, that portion of Section B in which bodies were buried during the years 1922, 1923 and 1924, and Trenches in which bodies were buried during the years 1923, 1924 and 1925. Such Order will be made for the purpose of the execution of a public work namely the proper laying out of such area for the purpose of burial therein of Chinese dead.

W. T. SOUTHORN,

Colonial Secretary.

5th February, 1932.

布

千內

憲示第八十六號

布政司蕭

葬別處等因奉此合亟出示曉諭俾

由本日起於六閲月内諭令卽行遷内在義地處所葬之屍骸現督擬千九百廿四年及一千九百廿五年內在B字及一千九百廿三年一千九百廿三年及一千九百廿四年年内在A)字段壹千九百廿二年一華人屍骸之用凡於一千九百五 A字B字及義地改築以便埋

曉諭事照得現奉

督憲札開現將鷄籠環東便墳場之

衆週知爲此特示

一千九百三十二年二月五號示

篇

COLONIAL SECRETARY'S Department.

No. 87.--It is

hereby notified

that

of a public work namely the

proper

laying

it is the intention of His Excellency the Governor to make an Order on the expiration of six months from the date hereof directing the removal of all graves in that portion of Tung Wah Hospital Cemetery at Kai Lung Wan, which is shown coloured black on a plan deposited in the Office of the Sanitary Department in this Colony. Such Order will be made for the purpose of the execution out of such area for the purpose of burial

therein of Chinese dead.

W. T. SoUTHORN,

Colonial Secretary.

5th February, 1932.

布政司蕭

憲示第八十七號

曉諭事照得現奉

此特示

細者於該署辦公時刻前往看閱等因奉此合亟出示曉諭俾衆週知爲

用黑色塤明存在清淨局如欲知詳

由本日起限六閱月期滿卽行發給命令遷葬別處該地與經繪有圖則

塲之一部份改築以便埋葬華人屍骸之用該處現有之墳墓督憲擬

督憲札開現將鷄籠環東華醫院墳

一千九百三十二年

二月

五號示

134

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 5, 1932.

The Crown Lands Resumption Ordinance, 1900 and 1930.

　　　　No. 88.- It is hereby notified, under section 6 of the Crown Lands Resumption Ordinance, 1900 as amended by The Crown Lands Resumption Amendment Ordinance, 1930, that the Board of Arbitrators appointed to determine the amount of compensation to be paid in respect of the resumption of Lots Nos. 118, 119, 120, 122,146,147,148, 149, 150, 151, 155, 157, 158, 159, 162, 163, 164, 165, 167, 168, 175, 176, 177, 178, 179, 181, 187, 188, 190, 191, 195, 196, 205, 206, 208, 209, 210, 214 and 215, Survey District I, is constituted as follows:---

Mr. PHILIP JACKS, Justice of the Peace, Chairman.

Mr. HENRY EDWARD GOLDSMITH, J.P., nominated by His Excellency the Governor. Mr. ERNEST MANNING HAZELAND, Architect, nominated by the Chairman on

behalf of the owners.

　　　It is hereby further notified that the Chairman hereby appoints Thursday, the 18th day of February, 1932, at 2.15 o'clock in the afternoon, at the Sanitary Board Room, Post Office Buildings, Hong Kong, as the time and place for the Board to commence its sittings.

PHILIP JACKS,

Chairman of the Board of Arbitrators.

憲

七十八九

十五號號

4th February, 1932.

囘置十本

五主

示第八

仟第

仟百八

年

約年千八

則九

例百號

卽卅

百收年

回收

政囘

百則

八九

號號

百百百

斷人組織公斷局俾得秉公決斷茲將所委公斷人開列於左號及二百一十五號地段佈告於衆至應補補償費若干則現經委定公百零五號二百零六號二百零八號二百零九號二百一十號二百一十四百八十八號一百九十號一百九十一號一百九十五號一百九十六號二七十七號一百七十八號一百七十九號一百八十一號一百八十七號一十五號一百六十七號一百六十八號一百七十五號一百七十六號一百八號一百五十九號一百六十二號一百六十三號一百六十四號一百六九號一百五十號一百五十一號一百五十五號一百五十七號一百五十號一百二十二號一百四十六號一百四十七號一百四十八號一百四十府所擬收回第一號丈量約份第一百一十八號一百一十九號一百二十啟者茲按照一仟九百卅年則例卽收回政府公地則例第六條規定將政

翟秉

太平紳士

希士倫先生

高師微先生

翟仕先生

畫則師

號號

主席

由督憲指派

回之地所有權利之詳情及欲取回補置費若干繕列清楚遞呈布政司轉置者無論其爲業主或別項人等須於公斷人開始叙會之前將其對於收十五分鐘在清淨總局内堂開始叙會審查該事如有因該地收囘欲求補本主席現定於一仟九百卅二年陽曆二月十八號即星期四日下午兩點

交公斷人審查此佈

佈之

詳或

一仟九百卅二年二月四日

號席

即代

會因星業派

楚該期主

遞前地四

於翟呈將收日

香仕布其囘

港啟政對欲午

司於求

轉收補點

公斷局主席翟仕啟

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 5,

1932. 135

MEDICAL DEPARTMENT.

　　　No. 89.- In exercise of the power conferred upon the Registrar of Births and Deaths by sub-section (3) of section 3 of the Births and Deaths Registration Ordinance, 1896, Mr. WILLIAM BROWNLOW ASHE MOORE, Deputy Director of Medical and Sanitary Services, has been appointed by me to be Deputy Registrar of Births and Deaths for the purposes of the said Ordinance, with effect from 1st January, 1932.

A. R. WELLINGTON, Director, Medical and Sanitary Services,

Registrar of Births and Deaths.

3rd February, 1932.

POLICE DEPARTMENT.

　　　No. 90.-The following corrections are made to Government Notification No. S. 6 dated 8th. January, 1932, which was published in the Hong Kong Government Gazette No. 2 of 8th. January, 1932-

For the last three lines in paragraph A--(2) substitute the following:

On Friday the 5th. February, from 5 p.m. to 6 p.m. and on Saturday the

6th. February, from 8 a.m. to 9 a.m. and 5 p.m to 6 p.m.

On Friday the 12th. February, from 6 a.m to 8 a.m.

For the last three lines at the end of the first paragraph of B substitute the

following:-

From 4 p.m. on Friday the 5th. February, till 4 p.m. on Sunday the 7th. February, and on Friday the 12th. February, from 6 a.m. to 9

a.m.

5th February, 1932.

E. D. C. Wolfe, Inspector General of Police.

SUPREME Court.

　　　No. 91. It is hereby notified for general information that, pursuant to section 5 of the Criminal Procedure Ordinance, 1899, His Honour the Chief Justice has ordered that the next Criminal Sessions for the despatch of the business of the Court shall be held on Monday, the 15th day of February, 1932, at 10 o'clock in the forenoon.

30th January, 1932.

E. P. H. LANG,

Registrar.

SUPREME COURT.

No. 92. It is hereby notified that the name of The TUNG LOK THEATRE COMPANY, LIMITED, has been struck off the Register.

5th February, 1932.

E. P. H. LANG,

Registrar of Companies.

136

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 5, 1932.

LAND REGISTRY OFFICE.

No. 93. It is hereby notified for general information that a Memorial of Re- entry by the Crown on Inland Lot No. 800 has been registered according to law.

2nd February, 1932.

PHILIP JACKS,

Land Officer

OFFICE OF REGISTRAR OF PATENTS.

　　　No. 94.- Notice is hereby given that the following United Kingdom Patent has been registered under the provisions of the United Kingdom Patents Ordinance, 1925:-

No. and date Date as of which

of grant.

sealed.

Present owner.

Nature of invention.

Date of registration.

No. 237,431 16th October, 1925.

31st July, 1924.

1st February, 1932.

National Carbon Company, Incorporated, incorpo- rated in the State of New York, of 30, East 42nd Street, in the City of New York, County of New York, and State of New York, United States of America.

An Improved Electric 1st February,

Light

1932.

Flash Torch.

E. L. AGASSIZ,

Registrar of Patents.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 95.-It is hereby notified that the registration of the following trade mark has been renewed under the provisions of the Trade Marks Ordinance, 1909 :---

Number

of Mark.

Date of Registration.

Name and Address of Owner.

Period of Renewal.

Class in which renewed.

File No.

No. 86 of 1918. 4th February,

1918.

The Asiatic Petroleum Co. (South China), Limited, of St. Helen's Court, Great St. Helen's, London.

4th February, 1946.

361 of 1931.

2nd February, 1932.

E. L. AGASSIZ, Registrar of Trade Marks.

138

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 12, 1932.

EXECUTIVE COUNCIL,

No. 96.

It is hereby notified that His Excellency the Governor in Council has given directions for the rescission of the Order of the 27th January, 1932, published in the Gazette of the 29th January, 1932, as Government Notification No. 51, declaring Sourabaya to be a place at which an infectious or contagious disease, namely, plague prevailed, and the same is hereby rescinded.

COUNCIL CHAMBER,

11th February, 1932.

D. W. TRATMAN,

Clerk of Councils

LEGISLATIVE COUNCIL.

No. 97.

LEGISLATIVE COUNCIL, No. I.

Thursday, 28th January, 1932, at 2.30 p.m.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir WILLIAM PEEL, K.C.M.G., K.B.E.).

His Excellency the General Officer Commanding the Troops, (Major-General JAMES

WALTER SANDILANDS, C.B., C.M.G., D.S.O.).

The Honourable the Colonial Secretary, (Mr. WILFRID THOMAS SOUTHORN, C.M.G.).

the Attorney General, (Mr. CHALONER GRENVILLE ALABASTER, K.C.,

O.B.E.).

the Secretary for Chinese Affairs, (Mr. EDWIN RICHARD HALLIFAX,

C.M.G., C.B.E.).

the Colonial Treasurer, (Mr. EDWIN TAYLOR).

Mr. HAROLD THOMAS CREASY, C.B.E., (Director of Public Works).

Mr. EDWARD DUDLEY CORSCADEN WOLFE, C.M.G., (Inspector General

of Police).

138

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 12, 1932.

EXECUTIVE COUNCIL,

No. 96.

COUNCIL CHAMBER,

11th February, 1932.

D. W. TRATMAN,

Clerk of Councils

LEGISLATIVE COUNCIL.

No. 97.

LEGISLATIVE COUNCIL, No. I.

Thursday, 28th January, 1932, at 2.30 p.m.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir WILLIAM PEEL, K.C.M.G., K.B.E.).

His Excellency the General Officer Commanding the Troops, (Major-General JAMES

WALTER SANDILANDS, C.B., C.M.G., D.S.O.).

The Honourable the Colonial Secretary, (Mr. WILFRID THOMAS SOUTHORN, C.M.G.).

the Attorney General, (Mr. CHALONER GRENVILLE ALABASTER, K.C.,

O.B.E.).

the Secretary for Chinese Affairs, (Mr. EDWIN RICHARD HALLIFAX,

C.M.G., C.B.E.).

the Colonial Treasurer, (Mr. EDWIN TAYLOR).

Mr. HAROLD THOMAS CREASY, C.B.E., (Director of Public Works).

Mr. EDWARD DUDLEY CORSCADEN WOLFE, C.M.G., (Inspector General

of Police).

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 12, 1932. 139

The Honourable Commander GEORGE FRANCIS HOLE, R.N. (Retired), (Harbour Master). Dr. ARTHUR ROBARTES WELLINGTON, (Director of Medical and Sanitary

* * * * *

Services).

Sir HENRY EDWARD POLLOCK, Kt., K.C.

Mr. WILLIAM EDWARD LEONARD SHENTON.

Mr. ROBERT HORMUS KOTEWALL, C.M.G., LL.D.

Mr. José PEDRO BRAGA.

Mr. Ts'o SEEN-WAN, O.B.E., LL.D.

Mr. CHARLES GORDON STEWART MACKIE.

Mr. JOHN JOHNSTONE PATERSON.

Mr. CHAU TSUN-NIN.

Mr. ROLAND ARTHUR CHARLES NORTH, (Deputy Clerk of Councils).

1. The Council met pursuant to adjournment. His Excellency the Governor

occupied the Chair.

MINUTES.

2. The Minutes of the Meeting held on the 17th December, 1931, were confirmed.

ANNOUNCEMENTS.

3. Standing Law Committee.--His Excellency the Governor appointed the follow- ing to be Members of the Standing Law Committee:-The Hon. Attorney General (Chairman), the Hon. Secretary for Chinese Affairs, the Hon. Sir HENRY EDWARD POLLOCK, Kt., K.C., the Hon. Mr. WILLIAM EDWARD LEONARD SHENTON, and the Hon. Mr. Ts'o SEEN-WAN, O.B.E, LL.D.

QUESTIONS.

•

4. The Hon. Mr. J. P. BRAGA, pursuant to notice, asked the following questions:-

1. Will the Honourable the Director of Medical and Sanitary Services kindly inform the Council whether he is satisfied with the adequacy and efficiency of the existing arrangements for water-borne conveyance of infective patients of communicable diseases from the mainland to the Island?

2. If the reply to the first question is in-

(a) the affirmative,

will he explain the failure to secure transportation in the specific case of a patient for whom application for conveyance was made shortly after 8 p.m. on Saturday, the 26th December, and the special launch was not available until 9 10 a.m. on the following day?

(b) the negative,

what special recommendations if any, he proposes to make for supple- menting the present inadequate arrangements for prompt and efficient, transportation of infective patients from Kowloon to Hong Kong?

3. Does the Director of Medical and Sanitary Services consider the present hospital accommodation in Kowloon adequate, in point of buildings and equipment and also of doctors and nursing staff, to cope with any sudden and widespread outbreak of a communicable disease in epidemic form such as is taking place in the Colony at the present time?

140

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 12, 1932.

4. Does the Government consider that the provision for hospital accommoda- tion in Kowloon has kept pace with the development of the peninsula. and the amazing growth of its population?

5. What immediate steps are contemplated to remedy the existing insuf- ficiency of hospital accommodation for the urgent needs of Kowloon residents?

6. Will the Honourable the Colonial Secretary state whether Government has any intention, and when, of submitting plans to the Finance Com- mittee of the Council for a further extension of the Kowloon Hospital, in addition to the Maternity Wing, in order to meet the requirements of an emergency arising out of an outbreak of disease in a virulent form?

The Director of Medical and Sanitary Services replied as follows:-

1. The arrangements are not altogether satisfactory but steps have been taken to see that in future a launch will be available to meet an emergency such as the one referred to by the Honourable Member.

2.-(a) The question does not arise.

(b) It is recommended that a special ambulance launch be built as soon

as the finances of the Colony permit.

3. The present scheme for control of epidemic disease provides that all Kowloon cases of infectious disease which require hospital isolation and treatment shall be conveyed to the infectious diseases hospital in Victoria. Such being the case no provision has been made for hospital treatment of such cases in Kowloon. The medical and nursing staff when at full strength is adequate to deal with any outbreak of com- municable disease in epidemic form such as was taking place in the Colony at the time these questions were drawn up.

4. Hospital accommodation in Kowloon is inadequate.

5. A new two storied building is nearing completion. It is proposed for the time being to use the upper floor for nurses' quarters and the lower floor for the accommodation of women and children suffering from non infectious diseases.

6. The Government does not propose at present to establish an infectious diseases hospital in Kowloon. Plans for the further extension of the Kowloon Hospital are under consideration and it is hoped that the financial position will permit of definite proposals being brought before the Legislative Council during the current year.

PAPERS.

5. The following papers were laid on the table:-

Notification regarding information as to decorations conferred upon Hong Kong

Residents by His Majesty the King.

Resolution of the Sanitary Board adopted at a meeting of the Board held on

the 24th November, 1931.

Additions to Part I of the List of Authorised Auditors published under the Companies Ordinance, 1911, Ordinance No. 58 of 1911, on 9th December,

1931.

Rule made by the Governor in Council under section 56 (a) of the Trade Marks Ordinance, 1909, Ordinance No. 40 of 1909, on 11th December, 1931.

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 12, 1932.

141

Regulation made by the Governor in Council under sections 25 (4) and 42 of the Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, on 16th December, 1931.

Regulation made by the Governor in Council under section 95 of the Liquors Consolidation Ordinance, 1911, Ordinance No. 9 of 1911, and section 3 of the Tobacco Ordinance, 1916, Ordinance No. 10 of 1916, on 17th December, 1931.

Declaration under the Merchant Shipping Ordinance, 1899, Ordinance No. 10

of 1899, Table L, Quarantine Regulations, on 17th December, 1931.

Rule made by the Registrar of Patents under section 11 of the Registration of United Kingdom Patents Ordinance, 1925, Ordinance No. 13 of 1925, on 27th October, 1931.

Regulations made by the Governor in Council under section 23 of the Water- works Ordinance, 1903, Ordinance No: 16 of 1903, on 22nd December, 1931.

Scale of Fees charged by the Passport Office, Colonial Secretary's Department.

Regulation made by the Governor in Council under section 3 of the Post Office Ordinance, 1926, Ordinance No. 7 of 1926, on 28th December, 1931.

Rules made by the Chief Justice of the Supreme Court of Hong Kong with the concurrence of the Governor, under section 4 of the Suitors' Funds Ordin- ance, 1896, Ordinance No. 5 of 1896, as amended by the Suitors' Funds Amendment Ordinance, 1931, Ordinance No. 34 of 1931, on 31st Decem- ber, 1931.

Prohibition of sale and exposure for sale of any articles of food in any place

not being a market in Wong Nei Chung, Tai Hang and Whitfield.

Notification re Convention between the United Kingdom and Sweden respecting

Legal Proceedings in Civil and Commercial matters.

REPORTS OF THE FINANCE COMMITTEE.

6. The Colonial Secretary laid on the table the Reports of the Finance Committee (Nos. 14 and 15), dated 17th December and 30th December, 1931, respec- tively, and moved their adoption.

The Colonial Treasurer seconded.

Question-put and agreed to.

7. The Colonial Secretary moved-

MOTIONS.

That the By-laws made by the Sanitary Board under section 16 of the Public Health and Buildings Ordinance, 1903, on the 8th day of December, 1931, be adopted.

The Colonial Treasurer seconded.

Question-put and agreed to.

142

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 12, 1932.

8. Estate Duty Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to amend and consolidate the law relating to Estate Duty."

The Colonial Secretary seconded.

Question--put and agreed to.

Bill read a first time.

9. Juvenile Offenders Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to make provision for Proceedings in reference to Juvenile Offenders."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

10. Police Force Amendment Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to amend the Police Force Ordinance, 1900."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

ADJOURNMENT.

11. The Council then adjourned until Thursday, the 11th day of February, 1932.

Confirmed this 11th day of February, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

W. PEEL,

Governor.

　　　　No. 98. His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the KING, to the following Ordinances passed by the Legislative Council:-

Ordinance No. 1 of 1932.-An Ordinance to make provision for Proceedings in

reference to Juvenile Offenders.

Ordinance No. 2 of 1932.-An Ordinance to amend the Police Force Ordinance,

1900.

142

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 12, 1932.

8. Estate Duty Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to amend and consolidate the law relating to Estate Duty."

The Colonial Secretary seconded.

Question--put and agreed to.

Bill read a first time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

10. Police Force Amendment Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to amend the Police Force Ordinance, 1900."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

ADJOURNMENT.

11. The Council then adjourned until Thursday, the 11th day of February, 1932.

Confirmed this 11th day of February, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

W. PEEL,

Governor.

　　　　No. 98. His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the KING, to the following Ordinances passed by the Legislative Council:-

Ordinance No. 1 of 1932.-An Ordinance to make provision for Proceedings in

reference to Juvenile Offenders.

Ordinance No. 2 of 1932.-An Ordinance to amend the Police Force Ordinance,

1900.

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 12, 1932: 143

HONG KONG.

No. 1 OF 1932.

I assent.

W. PEEL,

L.S.

Governor.

12th February, 1932.

An Ordinance to make provision for Proceed-

ings in reference to Juvenile Offenders.

[12th February, 1932.]

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Juvenile Short title. Offenders Ordinance, 1932.

tion.

2. In this Ordinance unless the context otherwise Interpreta- requires-

(a) "Child" means a person who is, in the opinion 8 Edw. VII, of the court having cognizance of any case in c. 67, s. 131. relation to such person, under the age of fourteen years.

(4) "Young person" means a person who is, in the opinion of the court having cognizance of any case in relation to such person, fourteen years of age or upwards and under the age of sixteen years.

(c)

Guardian in relation to a child or young person, includes any person who, in the opinion of the Court having cognizance of any case in relation to the child or young person or in which the child or young person is concerned, has for the time being the charge of or control over the child or young person.

(d) "Probation Officer" means a person appointed under this Ordinance by the Governor or by the court to be a probation officer.

Courts.

3.-(1) A court, other than the Supreme Court acting Juvenile in the exercise of its criminal jurisdiction, when hearing charges against children or young persons shall, unless 8 Edw. VII, the child or young person is charged jointly with any c. 67 s. 111. other person not being a child or young person, sit either in a different building or room from that in which thẹ ordinary sittings of the court are held, or on different days or at different times from those at which the ordinary sittings are held, and a court so sitting is in this Ordinance referred to as a juvenile court.

(2) Where in the course of any proceedings in a juvenile court it appears to the court that the person charged or to whom the proceedings relate is of the age of sixteen years or upwards, or where in the course of any proceedings in any court other than a juvenile court it appears that the person charged or to whom proceedings relate is under the age of sixteen years, nothing in this section shall be construed as preventing the court if it thinks it undesirable to adjourn the case, from proceeding with the hearing and determination of the case.

144

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 12, 1932.

10 & 11 Geo. V,

c. 68, s. 1.

Bail of children and

young

persons

arrested.

8 Edw. VII, c. 67, s. 94.

Custody of children and

young persons not

released on bail after

arrest.

8 Edw. VII,

c. 67, s. 95.

(3) Provision shall be made for preventing persons apparently under the age of sixteen years whilst being conveyed to or from court, or whilst waiting before or after their attendance in court, from associating with adults charged with or convicted of any offence other than an offence with which the person apparently under the age of sixteen years is jointly charged or convicted.

(4) In a juvenile court no person other than the mem- bers and officers of the court and the parties to the case, their solicitors and counsel, and other persons directly concerned in the case, shall, except by leave of the court, be allowed to attend.

Provided that bona fide representatives of a newspaper or news agency shall not be excluded, except by special order of the court.

Provided that no person shall publish the name, address, school, photograph, or anything likely to lead to the identification of the child or young person before the juvenile court, save with the permission of the court or in so far as required by the provisions of this Ordinance. Any person who acts in contravention of the provisions of this proviso shall be liable upon summary conviction to a fine not exceeding two hundred and fifty dollars or to imprisonment for any term not exceeding three months.

(5) The Governor in Council may, by order to be published in the Gazette, provide for the establishment of such juvenile courts as may appear to him to be necessary and for assigning to each such court such portion of the Colony as may be specified in the order.

(6) An Order made by the Governor in Council under the foregoing subsection may provide for such courts being held elsewhere than in the buildings used as magis- trates' courts.

4. Where a person apparently under the age of sixteen years is apprehended, with or without warrant, and cannot be brought forthwith before a juvenile court, an inspector of police, or other officer of police of equal or superior rank, or the officer in charge of the police station to which such person is brought, shall inquire into the case, and may in any case, and

(a) unless the charge is one of homicide or other

grave crime; or

(b) unless it is necessary in the interest of such person to remove him from association with any undesirable person; or

shall release such person on a recognizance, with or without securities, for such amount as will, in the opinion of the officer, secure the attendance of such person upon the hearing of the charge, being entered into by him or by his parent or guardian, or other responsible person.

5. Where a person apparently under the age of sixteen years having been apprehended is not so released as afore- said, the officer in charge of the police station to which such person is brought shall cause him to be detained in a place of detention provided under this Ordinance until he can be brought before a juvenile court unless the officer certifies-

(a) that it is impracticable to do so; or

(b) that he is of so unruly or depraved a character

that he cannot be safely so detained, or

and the certificate shall be produced to the court before which the person is brought.

}

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 12, 1932. 145

6. It shall be the duty of the Inspector General of Prevention of Police to make arrangements for preventing, so far as association practicable, a child or young person while being detained,

with adults from associating with an adult, other than a relative, during

"detention in charged with an offence.

Police Stations. 8 Edw. VII,

c. 67, s. 96.

7.--(1) A court on remanding or committing for trial Remand or a child or young person who is not released on bail, shall, committal to instead of committing him to prison, commit him

to custody in custody in a place of detention provided under this Ordi- a place of nance and named in the commitment, to be there detained for the period for which he is remanded or until he is thence delivered in due course of Law.

Provided that in the case of a young person it shall not be obligatory on the court so to commit him if the court certifies that he is of so unruly a character that he cannot he safely so committed, or that he is of so depraved a character that he is not a fit person to be so detained.

(2) A commitment under this section may be varied, or, in the case of a young person who proves to be of so unruly a character that he cannot be safely detained in such custody, or to be of so depraved a character that he is not a fit person to be so detained, revoked by any court, and if it is revoked the young person may be committed to prison.

detention.

8 Edw. VII, c. 67, s. 97.

8.-(a) Where a child or young person is brought Procedure in lefore a juvenile court for any offence it shall be the duty Juvenile of the court as soon as possible to explain to him in simple Courts. language the substance of the alleged offence.

(b) If the court is satisfied that the child or young person understands the nature of the alleged offence it shall (unless the alleged offence is homicide) ask the child or young person whether he admits the offence.

(c) If the court is not satisfied that the child or young person understands the nature of the alleged offence, or if the child or young person does not admit the offence the court shall then hear the evidence of the witnesses in support of the complaint or information. At the close of the evidence in chief of each such witness, the court shall ask the child or young person, or, if it sees fit, the parent or guardian of the child or young person, whether he wishes to put any questions to the witness.

If the child or young person instead of asking questions wishes to make a statement he shall be allowed to do so.

(d) If it appears to the court that a prima facie case is made out, the evidence of any witnesses for the defence shall be heard, and the child or young person shall be allowed to give evidence or to make any statement.

(e) The court may, for the purpose of assisting the. child or young person in his defence or for the purpose of explaining anything in the statement of the child or young person but not otherwise, put to such child or young person such questions as it may think necessary.

It shall be the duty of the court to put to the witnesses such questions as appear to be necessary in the interests of the child or young person.

(y) If the child or young person admits the offence or the court is satisfied that it is proved, he shall then be asked if he desires to say anything in extenuation or mitigation of the penalty or otherwise.

(h) Before deciding how to deal with the child or young person the court shall obtain such information as may he readily available as to his general conduct, home

146

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 12, 1932:

Probation Officers.

7 Edw. VII, e. 17, s. 3.

Probation Orders.

7 Edw. VII, c. 17, s. 2 and s. 3.

15 & 16 Gov. V,

surroundings, school record, and medical history, in order to enable it to deal with the case in the best interests of the child or young person, and may put to him any ques- tion arising out of such information.

For the purpose of obtaining such information or for special medical examination or observation or for the purpose of considering how to deal with the case in the best interests of the child or young person the court may from time to time remand the child or young person on bail or to a place of detention.

(i) If the child or young persou admits the offence or the court is satisfied that it is proved, and the court decides that a remand is necessary for purposes of enquiry or observation, the court may cause an entry to be made in the court register that the charge is proved and that the child or young person has been remanded. The court before which a child or young person so remanded is brought may without further proof of the commission of the offence make any order in respect of the child or young person which could have been made by the court which so remanded the child or young person.

(j) Where a child is brought before a juvenile court for any offence other than homicide the case shall be finally disposed of in such court.

(k) Where a young person is brought before a juvenile court for any offence other than homicide the case may be finally disposed of in such court.

9.-(1) The Governor may by notice in the Gazette appoint a fit and proper person or persons of either sex and either by name or as holding any public office for the time being to be a probation officer or officers, and may from time to time appoint a deputy probation officer to act in the absence or during the illness or incapacity of any probation officer, and may appoint an assistant proba- tion officer to perform under the direction of a probation officer, all or any of the duties of a probation officer.

A probation officer when acting under a probation order shall be subject to the control of the court.

(2) Where a child or young person is charged with any offence other than homicide and the court is satisfied that the charge is proved the court may make an order dis- charging the offender conditionally on his entering into a recognizance, with or without sureties, to be of good behaviour and to appear for sentence or for conviction and sentence when called upon at any time during such period, not exceeding three years, as may be specified in the order.

(3) A recognizance entered into under this section shall, if the court so order, contain a condition that the offender be under the supervision of such person as may be named in the order during the period specified in the order and such other conditions for securing such supervision as may be specified in the order, and an order requiring the inser- tion of such conditions as aforesaid in the recognizance is in this Ordinance referred to as a probation order.

(4) A recognizance under this section may contain such additional conditions as the court may, having regard to the particular circumstances of the case, order to be included therein with respect to prohibiting the child or young person from associating with thieves or other un iesirable persons, or from frequenting undesirable places and generally for securing that the child or young person should lead an honest and well conducted life.

(5) The court may by a probation order direct that it shall be a condition of the recognizance to be entered into e. 86, s. 7 (2), by the offender that he shall pay such damages for injury or compensation for loss not exceeding fifty dollars, or if a higher limit is fixed by any enactment relating to the offence, that higher limit.

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 12, 1932.

(6) The person named in any probation order shall be- Who to be

named as

(a) a probation officer appointed by the Governor, or probation

a deputy probation officer or assistant probation officer. officer so appointed, or

(b) if the court considers that the special circums- tances of the case render it desirable, or if no person has been appointed as a probation officer, a person who has not been appointed a probation officer to undertake supervision in respect of that

case,

(7) The person nained in a probation order may at any time be relieved of his duties, and, in any such case or in ease of the death, absence, illness or incapacity of the person so named, another person may be substituted by the Court before which the offender is bound by his recognizance to appear for conviction or sentence.

(8) It shall be the duty of a probation officer, subject Duties of to the directions of the court :-

probation officers.

(a) To visit or receive reports from the person under 7 Edw. VII,

supervision at such reasonable intervals as may c. 17, s. 4. be specified in the probation order, or, subject thereto, as the probation officer may think fit;

(b) to see that he observes the conditions of his

recognizance;

(d) to advise, assist, and befriend him, and, when necessary, to endeavour to find him suitable employment.

(9) The court before which any person is bound by his Power to recognizance under this Ordinance to appear for conviction vary or sentence may, upon the application of the probation conditions of officer, and after notice to the offender, vary the conditions recognizance. of the recognizance and may, on being satisfied that the 7 Edw. VII, conduct of that person has been such as to make it c. 17, s. 5. unnecessary that he should remain longer under supervi- sion, discharge the recognizance.

observe

(10)-(a) If a court before which an offender is bound Provision in by his recognizance to appear for conviction or sentence, case of or any court, is satisfied by information on oath that the offender offender has failed to observe any of the conditions of his failing to recognizance, it may issue a warrant for his apprehension, conditions or may, if it thinks fit, instead of issuing a warrant in the of his first instance, issue a summons to the offender and his recognizance. sureties (if any) requiring him or them to attend at such 7 Edw. VII, court and at such time as may be specified in the c. 17, s. 6.

summons.

(b) The offender, when apprehended, shall, if not brought forthwith before the court before which he is bound by his recognizance to appear for conviction or sentence. be brought before a court.

(c) The court before which an offender on apprehension is brought, or before which he a appears in pursuance of such summons as aforesaid, may, if it is not the court before which he is bound by recognizance to appear for conviction or sentence, remand him to custody or on bail until he can be brought before the, last-mentioned court, and the pro- visions of section 5 of this Ordinance shall apply to any such remand as aforesaid.

(d) A court before which a person is bound by his 15 & 16 recognizance to appear for conviction or sentence on being Geo. V. satisfied that he has failed to observe any condition of his s. 86, s. 7 (4). recognizance, may forthwith, without any further proof of his guilt, deal with him as for the original offence, or instead of so doing and without prejudice to the continu- ance in force of the probation order, impose on him in respect of such failure a penalty not exceeding one hundred dollars.

147

148 THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 12, 1932.

15 & 16

(e) Where a person in respect of whom a probation Geo. V, order has been made is, in pursuance of the foregoing c. 86, s. 7 (6); sub-section dealt with as for his original offence and his recognizance is adjudged by the court to be forfeited, the court instead of adjudging the persons bound thereby to pay the sums for which they are respectively bound may, as it thinks fit, adjudge those persons or any of them to pay part only of those sums or may in respect of all or any of those persons remit payment thereof,

Attendance

at court of parent of child or

young person charged with an offence, etc. 8 Edw. VII, e. 67, s. 98.

Power to

order parent to pay fine, etc. instead of child or young person. 8 Edw. VII, c. 67, s. 99.

Ordinance

No. 3 of 1890.

(11) Where an order under this section is made by a court the order shall, for the purpose of re-vesting or restoring stolen property and of enabling the court to make orders as to the restitution or delivery of property to the owner and as to the payment of money upon or in connec- tion with such restitution or delivery, have the like effect of a conviction.

10.-(1) Where a child or young person is charged with any offence or is brought before a court under the provisious of this or any other Ordinance the court may in its discretion require the attendance of his parent or guardian and make such orders as are necessary for the purpose.

(2) Where a child or young person is arrested, the constable by whom he is arrested or the officer in charge of the police station to which he is brought shall, if the parent or guardian lives within a reasonable distance and can be found, cause him to be warned to attend at the court before which the child or young person will be brought.

11. (1) Where a child or young person is charged before any court with any offence for the commission of which a fine, damages or costs may be imposed, and the court is of opinion that the case would be best met by the imposition of a fine, damages, or costs, whether with or without any other punishment; the court may in any case, and shall if the offender is a child, order that the fine, damages, or costs awarded be paid by the parent or guardian of the child or young person instead of by the child or young person, unless the court is satisfied that the parent or guardian cannot be found or that he has not conduced to the commission of the offence by neglecting to exercise due care of the child or young person.

(2) Where a child or young person is charged with any offence, the court may order his parent or guardian to give security for his good behaviour.

(3) Where a court thinks that a charge against a child or young person is proved, the court may make an order on the parent or guardian under this section for the pay- ment of a fine, damages, or costs or requiring him to give security for good behaviour, without proceeding to the conviction of the child or young person.

(4) An order under this section may be made against a parent or guardian who, having been required to attend, has failed to do so, but, save as aforesaid, no such order shall be made without giving the parent or guardian an opportunity of being heard.

(5) Any sums imposed and ordered to be paid by a parent or guardian under this section or ou forfeiture of any such security as aforesaid, may be recovered from him by distress or imprisonment in like manner as if the order had been made on the conviction of the parent or guardian of the offence with which the child or young person was charged.

(6) A parent or guardian may appeal against an order of a juvenile court under this section in manner prescribed by Part VI of the Magistrates Ordinance, 1890, the provisions of which Part shall apply to any such appeal.

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 12, 1932. 149

12. (1) No child shall be sentenced to imprisonment Restrictions or committed to prison in default of payment of a fine, on punish- damages, or costs.

ment of children and

young

(2) No young person shall be sentenced to imprison- persons. ment if he can be suitably dealt with in any other way 8 Edw. VII, whether by probation, fine, corporal punishment, committal to a place of detention, reformatory or industrial school, or otherwise.

(3) A young person sentenced to imprisonment shall

not be allowed to associate with adult prisoners.

c. 67, s. 102.

(4) The conviction of a child or young person shall not 8 Edw. VII, be regarded as a conviction of felony for the purposes of c. 67, s. 100. any disqualifications attaching to convictions of felony.

13. Sentence of death shall not be pronounced or Abolition recorded against a child or young person, but in lieu of death thereof the court shall sentence the child or young person sentence in to be detained during His Majesty's pleasure, and, if so case of sentenced, he shall notwithstanding anything in the other provisions of this Ordinance be liable to be detained in such place and under such conditions as the Governor 8 Edw. VII,

may direct, and whilst so detained shall be deemed to be in legal custody.

children or young persons.

c. 67, s. 103.

14. Notwithstanding anything in this Ordinance to the Detention contrary, when a child is convicted on indictment of in case of manslaughter or where a young person is convicted on certain indictment of an attempt to murder, or of manslaughter,

crimes com- mitted by or of wounding with intent to do grievous bodily harm,

　　　　　　　　　　　　　　　　　　　　　　　　　　children or the court may sentence the offender to be detained for

young such period as may be specified in the sentence ; and persons. where such a sentence is passed the child or young person 8 Edw. VII, shall, during that period, notwithstanding anything in the c. 67, s. 104. provisions of this Ordinance, be liable to be detained in such place and on such conditions as the Governor may direct, and whilst so detained shall be deemed to be in legal custody.

15.-(1) A person in detention pursuant to the direc- Provisions as tions of the Governor under the last two foregoing sections to discharge of this Ordinance may, at any time, be discharged by the of children Governor on licence.

(2) A licence may be in such form and may contain such conditious as the Governor may direct.

or young persons detained in accordance with direc- tions of the Governor.

(3) A licence may at any time be revoked or varied by the Governor and where a licence has been revoked the 8 Edw. VII, person to whom the licence related shall return to such c. 67, s. 105. place as the Governor may direct, and if he fails to do so may be apprehended without warrant and taken to that place.

ment.

16. Where a child or young person is convicted of an Substitution offence punishable, in the case of an adult, with imprison- of custody ment, or would, if he were an adult, be liable to be in place of imprisoned in default of payment of any fine, damages, or detention for costs, and the court considers that none of the other imprison- methods by which the case may be dealt with is suitable, the court may order that he be committed to custody in a place of detention for a period not exceeding six months; Provided that nothing in this section shall limit the period for which a child or young person may be sent to a reformatory or industrial school under the provisions of this or any other Ordinance for the time being in force.

8 Edw. VII, c. 67, s. 106

17.-(1) Any person may bring before a juvenile court Children any person apparently under the age of sixteen years liable to be

who-

committed to care of

(a) is found begging or receiving alms (whether or relative, etc. not there is any pretence of singing, playing, 8 Edw. VII, performing, offering anything for sale, or other c. 67, s. 58. wise), or being in any street, premises, or place

for the purpose of so begging or receiving alms ;

150

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 12, 1932.

Ordinances No. 4 of 1897 and No. 3 of 1916.

Ordinances No. 2 of 1865 and No. 13 of 1929.

(b) is found wandering and not having any home or settled place of abode, or visible means of subsistence, or is found wandering and having no parent or guardian, or a parent or guardian who does not exercise proper guardianship; or

(c) is found destitute, either being an orphan, or having both parents or his surviving parent, or in the case of an illegitimate child his mother, undergoing imprisonment; or

(d) is found destitute and having no parent within

the Colony; or

(e) is the daughter, whether legitimate or illegitimate, of a father who has been convicted of an offence under Section 5 or Section 6 of the Protection of Women and Girls Ordinance, 1897, or Section 2 of the Punishment of Incest Ordinance, 1916;

(f) frequents the company of any reputed thief, or

common or reputed prostitute; or

(g) is lodging or residing in a house or the part of a house used by any prostitute for the purposes of prostitution, or is otherwise living in circum- stances calculated to cause, encourage, or favour the seduction or prostitution of the child; or

(h) is in the custody, charge or care of any person who has within the preceding twelve months heen convicted of any offence under Section 26A of the Offences against the Person Ordinance, 1865; or has at any time been convicted of an offence under Section 45A of the said Ordinance, as enacted by Section 3 of the Offences against the Person Amendment Ordinance, 1929; or

() is brought into the Colony for the purpose of prostitution or has been brought into the Colony from any other place by reason of her having been sent to such other place for the purpose of prostitution; or

() is found in any circumstances which are, in the opinion of the Court, likely to lead to any injury to the health or morals of such person,

And the court before which a person is brought as coming within one of these descriptions, if satisfied on enquiry of that fact, may order the child or young person to be taken out of the custody, charge, or care of any person, and to be committed to the care of a relative of the child or young person or some other fit person or institution (including an Industrial or Reformatory School) named by the court (such relative or other person or institution being willing to undertake such care), until the child or young person attains the age of eighteen years, or for any shorter period, and may in addition to such order make an order that the child or young person be placed under the supervision of a probation officer, and the court may of its own motion, or on the application of any person, from time to time, by order renew, vary, or revoke any such order.

Provided that a child or young person shall not be treated as coming within the description contained in paragraph (ƒ) if the only common or reputed prostitute whose company the child frequents is the mother of the child or young person, and she exercises proper guardian- ship and due care to protect the child or young person from contamination.

(2) Every order made under this section shall be in writing, and any such order may be made by the court in the absence of the child or young person; and the con- sent of any person or institution to undertake the care of the child or young person in pursuance of any such order shall be proved in such manner as the court may think sufficient to bind that person or institution.

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 12, 1932.

(3)-(2) Any person or institution to whose care a child or young person is committed under this section shall, whilst the order is in force, have the like control over the child or young person as the parent and shall be respon- sible for his maintenance, and the child or young person shall continue in the care of such person or institution, notwithstanding that he is claimed by his parent or any other person, and if any person-

(a) knowingly assists or induces, directly or in- directly, a child or young person to escape from the person or institution to whose care he is so committed; or

(b) knowingly harbours, conceals, or prevents from returning to such person or institution, a child or young person who has so escaped or knowingly assists in so doing ;

he shall be liable upon summary conviction to a fine not exceeding two hundred and fifty dollars, or to imprison- ment, for any term not exceeding six months.

(ii) Any court having power so to commit a child or young person shall have power to make orders on the parent or other person liable to maintain the child or young person to contribute to his maintenance during such period as aforesaid such sums as the court shall think fit, and may from time to time vary such orders.

(ii) Any such order may be made on the complaint or application of the person or institution to whose care the child is for the time being committed or on the complaint or the application of the Inspector General of Police and either at the time when the order for committal of the child or young person is made, or subsequently, and the sums contributed by the parent or such other person shail be paid to such person or institution as the court may name, and be applied for the maintenance of the child or young person or towards the cost of conducting the institution as the case may be.

(iv) Where any parent or other person has been ordered under this section to contribute to the maintenance of a child or young person, he shall give notice of any change of address to the Inspector General of Police and if he fails to do so without reasonable excuse, he shall be liable upon summary conviction to a fine not exceeding one hundred dollars.

(r) The Governor may at any time in his discretion discharge a child or young person from the care of any person or institution to whose care he is committed in pursuance of this section, either absolutely or on such conditions as the Governor approves, and may, if he thinks fit, by Order in Council make rules in relation to children or young persons so committed to the care of any person or institution, and to the duties of and remuneration of such persons or institutions with respect to such children or young persons.

(4) The parent or guardian of a child or young person who by his neglect to exercise due control shall conduce to the child or young person being found in any of the circumstances specified in paragraph (a) of sub-section (1) of this section shall be guilty of an offence under this Ordinance and shall be liable upon summary conviction to a fine not exceeding one hundred dollars and in default of pay- ment to imprisonment for any term not exceeding one month.

18. Where a child or young person charged with any Methods of offence is tried by any court, and the court is satisfied of dealing with

　　　　　　　　　　　　　　　　　　　　　　　　　　children or his guilt the court shall take into consideration the manner in which, under the provisions of this or any other young Ordinance or law enabling the court to deal with the case, charged with the case should be dealt with, namely, whether-

(a) by dismissing the charge; or

(b) by discharging the offender on his entering into a

recognizance; or

(e) by so discharging the offender and placing him

under the supervision of a probation officer; or

persons

offences.

8 Edw. VII,

c. 67, s. 107.

151

152

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 12, 1932.

(d) by committing the offender to the care of a

relative or other fit person; or

(e) by sending the offender to an industrial school if such a course shall be authorised by law; or

(f) by sending the offender to a reformatory school;

(g) by ordering the offender if a boy to be whipped ; or () by ordering the offender to pay a fine, damages,

or costs; or

() by ordering the parent or guardian of the offender

to pay a fine, damages, or costs; or

() by ordering the parent or guardian of the offender

to give security for his good behavior; or (k) by committing the offender to custody in a place

of detention provided under this Ordinance; or (1) where the offender is a young person, by sentenc-

ing him to imprisonment; or

(m) by dealing with the case in any other manner in

which it may be legally dealt with.

Provided that nothing in this section shall be construed as authorising the court to deal with any case in any mauner in which it could not deal with the case apart from this section.

Provision of Places of detention.

8 Edw. VII, c. 67 s. 108.

19.--(1) Such place or places of detention as may be required for the purposes of this Ordinance shall be pro- vided or appointed by the Inspector General of Police.

(2) If more than one place of detention is provided or appointed the Inspector General of Police may determine that any such place shall be used for some only of the purposes for which places of detention are required to be provided and another place for the other purposes.

(3) It shall be lawful for the authority or persons responsible for the management of any institution other than a prison, whether supported out of public funds or by voluntary contributions, but subject in the case of an institution supported out of public funds to the consent of the Governor, to agree with the Inspector General of Police for the use of the institution or any part thereof as a place of detention on such terins as may be agreed upon between them and the Inspector General of Police.

(4) In selecting the place of detention to which a child or young person is to be committed the court or officer of police shall have regard to whether the place is suitable for the reception of convicted or of unconvicted persons, or of persons charged with serious offences or minor offences, as the case may be, and also, where practicable, to the religious persuasion of the child or young person.

(5) A child or young person detained in a place of detention may be, by order of the Governor, either dis- charged therefrom or transferred to some other place of detention.

Provisions as

of children

20.-(1) The order or judgment in pursuance of which to the custody a child or young person is committed to custody in a place of detention provided under this Ordinance shall be delivered with the child or young person to the person in charge of the place of detention and shall be sufficient authority for his detention in that place in accordance with the tenor thereof.

and young persons in places of detention.

8 Edw. VII, c. 67 s. 109.

(2) A child or young person whilst so detained and whilst being conveyed to and from the place of detention. shall be deemed to be in legal custody and if he escapes may be apprehended without warrant and brought back to the place of detention in which he was detained.

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 12, 1932. 153

(3) The Governor shall cause places of detention pro- vided under this Ordinance to be inspected, and may make rules as to the places to be used as places of detention, and as to their inspection, and as to the classification, treatment, employment, and control of children and young persons detained in custody in a place of detention pro- vided under this Ordinance, and for the children and young persons whilst so detained being visited from time to time by persons appointed in accordance with those rules.

young

21. The expenses incurred by the Inspector General Expenses of of Police in respect of any place of detention provided maintenance under this Ordinance, including the expenses of the main- of child or tenance of any child or young person detained therein, person. whether detained on apprehension or committed to custody on remand or committment for trial or in lieu of imprison- ment or in default of payment of a fine, damages, or costs, shall be defrayed out of the general revenue.

8 Edw. VII, c. 67 s. 110.

age.

8 Edw. VII, c. 67 s. 123.

22. Where a person, whether charged with an offence Order not to or not, is brought before any court and it appears to the be invalidated court that he is a child or young person, an order or judg- by subsequent ment of the court shall not be invalidated by any subse- proof of quent proof that the age of that person has not been correctly stated to or presumed or declared by the court, and the age presumed or declared by the court to be the age of the person so brought before it shall, for the pur- poses of this Ordinance, be deemed to be the true age of that person, and where it appears to the court that the person so brought before it is of the age of sixteen years or upwards, that person shall for the purposes of this Ordinance be deemed not to be a child or young person.

young

23. In addition and without prejudice to any powers Power to which a court may possess to hear proceedings in camera, clear court the court may, where a person who in the opinion of the whilst a court is a child or young person is called as a witness in child or any proceedings in relation to an offence against, or any person is conduct contrary to, decency or morality, direct that all or giving any persons, not being members or officers of the court or evidence in parties to the case, their counsel or solicitors, or persons certain cases.. otherwise directly concerned in the case, be excluded from 8 Edw. VII, the court during the taking of the evidence of the child or c. 67 s. 114. young person ; Provided that nothing in this section shall authorise the exclusion of bona fide representatives

of a newspaper or news agency.

24. The Governor in Council may by order make rules Power to for carrying this Ordinance into effect, and in particular make rules. for prescribing such matters incidental to the appointment,. resignation, and removal of probation officers, and the performance of their duties, the reports to be made by them, and the payment of their remuneration or out of pocket expenses, as may appear to be necessary.

25. Save in so far as other provision is expressly made Saving. in this Ordinance nothing in this Ordinance shall be deemed to affect any other law relating to children or young persons.

26. The Young Persons (Death Sentence) Ordinance, Repeal of 1909, is hereby repealed.

27. This Ordinance shall come into force on such date as may be fixed by Proclamation of the Governor.

Passed the Legislative Council of Hong Kong, this 11th day of February, 1932.

Ordinance No. 6 of 1909.

Commence- ment..

R. A. C. NORTH, Deputy Clerk of Councils.

154

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 12, 1932.

HONG KONG.

No. 2 of 1932.

I assent.

W. PEEL,

L. S.

Governor.

Short title.

Substitution for s. 32 of

Ord. No. 11 of 1900, as amended by Ord. No. 18 of 1929, s. 4.

Special duty

thereof.

12th February, 1932.

An Ordinance to amend the Police Force Ordinance, 1900.

[12th February, 1932.]

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the Police Force Amendment Ordinance, 1932.

2. Section 32 of the Police Force Ordinance, 1900, as amended by section 4 of the Police Force Amendment Ordinance, 1929, is repealed and the following section is substituted therefor :-

32.--(1) On the application of any person, the Inspec- and expenses tor General of Police may, if he thinks fit, detail any mem- ber or members of the force to do special police duty in, upon or about any premises specified by the applicant.

Ordinance No. 6 of 1875.

(2) The applicant shall pay to the Inspector General of Police for the services of any member or members of the force so detailed such fees as the Inspector General of Police may think fit.

(3) All fees so received by the Inspector General of Police shall be paid by him into the Treasury, forthwith and be accounted for monthly; and every sum of money due for such services shall be deemed a debt due to the Crown and shall be recoverable by the Treasurer, in like manner as other Crown debts in respect of fees and other- wise, under the Crown Remedies Ordinance, 1875.

Passed the Legislative Council of Hong Kong, this 11th day of February, 1932.

R. A. C. NORTH, Deputy Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 12, 1932. 155

APPOINTMENTS, &c.

　　　No. 99.- His Excellency the Governor has been pleased to appoint Mr. BENJAMIN CUTLER RANDALL to be an Assistant Superintendent of Police (Reserve) and to be in command of the Flying Squad Section Police Reserve.

11th February, 1932.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. 100. The following Order is published for general information.

In accordance with the provisions of section 4 of the Unclaimed Balances Ordin- ance, 1929, His Excellency the Governor hereby directs that the respective sums of money, particulars of which appear hereunder, shall be transferred from the Companies Liqui- dation Account to the general revenue of the Colony. This transfer is subject to the provisions contained in the said Ordinance as to refunds.

PARTICULARS.

TAI YAU COMPANY, LIMITED, LIQUIDATION ACCOUNT.

Date of payment

into the Co.'s

Liquidation Account.

Particulars.

Amount.

17.1.27

Balance of First dividend not taken up by the claiming creditors respectively entitled thereto

Ꭿ

32.00

Do.

Balance of Second dividend not taken up by the claiming creditors respectively entitled thereto

29.19

Do.

Balance of Final dividend not taken up by the claiming creditors respectively entitled thereto

97.46

Do.

Balance of assets remaining after making provision for the above mentioned dividends

.70

Bank interest on the above sums

13.82

TOTAL....

173.17

NOTE: The names of the claiming creditors referred to above can be ascertained at the office of

the Official Receiver, Courts of Justice, Victoria, Hong Kong.

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 12, 1932. 155

APPOINTMENTS, &c.

11th February, 1932.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. 100. The following Order is published for general information.

PARTICULARS.

TAI YAU COMPANY, LIMITED, LIQUIDATION ACCOUNT.

Date of payment

into the Co.'s

Liquidation Account.

Particulars.

Amount.

17.1.27

Balance of First dividend not taken up by the claiming creditors respectively entitled thereto

Ꭿ

32.00

Do.

Balance of Second dividend not taken up by the claiming creditors respectively entitled thereto

29.19

Do.

Balance of Final dividend not taken up by the claiming creditors respectively entitled thereto

97.46

Do.

Balance of assets remaining after making provision for the above mentioned dividends

.70

Bank interest on the above sums

13.82

TOTAL....

173.17

NOTE: The names of the claiming creditors referred to above can be ascertained at the office of

the Official Receiver, Courts of Justice, Victoria, Hong Kong.

156

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 12, 1932.

THE PEOPLE'S SAVING CORPORATION, LIMITED.

Date of payment into Co.'s Liquidation

Account.

Name of persons entitled.

Address and description.

Particulars.

Amount.

铜

17.9.26.

Chan Wing Chong

Not known.

Unclaimed founders

35.35

Do.

Shun Kee

Do.

Unclaimed debenture

(free)

.75

Do.

Chan Pui Yik

Do.

.75

Do.

Cheung Shi Chiu....

Do.

.75

Do.

Kwan Fuk Kau

Do.

.75

Do.

Chan Kam Ying

Do.

14.10

Do.

Leung Suit Hing

Do.

Unclaimed debenture.

4.70

Do.

Ho Chuk Hing

Do.

18.80

Do.

Cheung Yin Fong

Do.

9.40

Do.

Chan Fung Ping

Do.

12.10

Do.

Chan Pik Chuen

Do.

23.55

Do.

Sundry depositors or

customers

Do.

Unclaimed interest

238.97

Do.

Sundry

Do.

Unclaimed dividend...

6.60

Bank interest on above

sums

34.52

TOTAL.........$

401.09

　　　NOTE:The names of the depositors or customers referred to above can be ascertained at the office of the Official Receiver, Courts of Justice, Victoria, Hong Kong.

12th February, 1932.

W. T. SOUTHORN,

Colonial Secretary.

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 12, 1932.

157

SUPREME COURT.

No. 101. It is hereby notified that at the expiration of three months from the date hereof The HOCK HAI STEAMSHIP COMPANY, LIMITED will, unless cause is shewn to the contrary, be struck off the register and the company will be dissolved.

9th February, 1932.

E. P. H. LANG,

Registrar of Companies.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 102. It is hereby notified that the registration of the following trade mark has been renewed under the provisions of the Trade Marks Ordinance, 1909 :-

Number

Mark.

Date of Registration.

Name and Address of Owner.

Period of Renewal.

Class in

which renewed.

File No.

No. 20 VIII of 1890.

11th February,

1890.

British American Tobacco Company, Limited,

of Cecil Chambers 86, Strand,

London, England.

11th February, 1946.

362 of 1931.

11th February, 1932.

E. L. AGASSIZ,

Registrar of Trade Marks.

160

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 19, 1932.

EXECUTIVE COUNCIL.

No. 103.

Hong Kong.

ORDINANCE No. 12 of 1923. (VACCINATION).

In exercise of the powers conferred by section 6 of the Vaccination Ordinance, 1923, the Governor in Council makes the undermentioned amendment and addition to the Regula- tions set forth in the First Schedule to the Vaccination Ordinance, 1923, and amendment to the Forms set forth in the Second Schedule to the said Ordinance :-

(1) Regulation 8 in the First Schedule.

Delete and substitute therefor :-

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

(2) Add to the regulations in the First Schedule:-

9. When any person who has arrived in the Colony on board ship and who desires to land in the Colony is required by the Health Officer of the Port to be vaccinated or re-vaccinated before landing and the operation is performed by a public vaccinator a fee of twenty cents shall be paid for the operation to the Harbour Master in such manner as the Harbour Master shall direct.

(3) Form No. 1 in the Second Schedule.

Delete the words "Left thumb print of emigrant.' and the words and figures "Fee: 20 cents."

COUNCIL CHAMBER,

12th February, 1932.

D. W. TRATMAN,

Clerk of Councils.

METLE

(

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 19, 1932.

161

No. 104.

Hong Kong.

ORDINANCE No. 10 of 1899. (MERCHANT SHIPPING).

In exercise of the powers conferred by sections 26 and 42 of the Merchant Shipping Ordinance, 1899, the Governor in Council repeals Table N in the Schedule to the said Ordinance as subsequently amended and substitutes the following Table therefor :-

Table N.

SPECIFICATION OF WHARVES, &c.

1. The following are specified as wharves in respect of which the provisions of section 26 (1) (f) of the Merchant Shipping Ordinance, 1899, shall apply:-

In Victoria.

Whitty Street Steps.

French Street Wharf

Wilmer Street Steps.

Wing Lok Street Steps.

Cleverly Street Steps.

Pottinger Street Steps.

Blake Pier.

Murray Pier.

Queen's Pier.

Fenwick Road Pier.

Luard Road Steps.

O'Brien Road Steps.

Fleming Road Steps.

Stewart Road Steps.

Tonnochy Road Steps.

Marsh Road Steps.

Canal Road Steps.

Percival Street Steps.

In Kowloon.

Yaumati Police Station Wharf.

Tsim Sha Tsui Wharf.

1. The following is declared to be a part of the Colony in respect of which the provisions of section 26 (2) (b) of the Merchant Shipping Ordinance, 1899, shall apply :-

The shore on the North side of the City of Victoria from the China Provident Loan and Mortgage Company Limited's Wharf at West Point to opposite the Western entrance to Causeway Bay; and The Shore at Kowloon from Blackhead's Point to the Military Camp Pier at Sam Shui Po.

COUNCII. CHAMBER,

15th February, 1932.

D. W. TRATMAN,

Clerk of Councils.

162

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 19, 1932.

APPOINTMENTS, &c.

No. 105.-His Excellency the Governor has been pleased to make the following appointment in the Army Service Corps Cadre of the Hong Kong Volunteer Defence Corps, with effect from 3rd February, 1932:-

LEWIS GORDON SELWYN DODWELL, Esq., to be Lieutenant.

18th February, 1932.

　　　No. 106. His Majesty the KING has been pleased to approve the appointment of the Honourable Mr. CHAU TSUN NIN to be an Unofficial Member of the Legislative Council, vice Sir SHOU-SON CHOW, Kt., with effect from 2nd December, 1931.

19th February, 1932.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

　　　No. 107. It is hereby notified that the undermentioned road will, in future, be known by the name indicated against it:

DESCRIPTION.

Road commencing at the junction of Prince Edward Road and Boundary Street oppo- site Ma Tau Wei Village and to the East of N.K.I.L. 1504. The Road runs due North and terminates at its junction with an unnamed street at the North-east of N.K.I.L. 1382

FUTURE NAME.

CHINESE VERSION.

Grampian Road. 嘉林邊道

19th February, 1932.

W. T. SOUTHORN,

Colonial Secretary.

OFFICE OF REGISTRAR OF TRADE Marks.

　　　No. 108. It is hereby notified that the registration of the following trade mark has expired and that it will be removed from the Register of Trade Marks on the 19th March, 1932, unless the prescribed fee for renewal of registration is paid before that date:-

་

Number of Trade Mark.

Name and Address of Proprietor.

Date of Expiration of Registration.

File No.

No. 87 of 1918.

The Caribonum Co., Ltd., Caribonum Works, Laura Road, Leyton, London, E., 10, England.

14th February, 1932.

363

of 1931.

17th February, 1932.

E. L. AGASSIZ, Registrar of Trade Marks.

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 19, 1932. 163

OFFICE OF REGISTRAR OF TRADE MARKS.

　　No. 109. It is hereby notified that the registration of the following trade mark has been renewed under the provisions of the Trade Marks Ordinance, 1909 :-

Number

of Mark.

Date of Registration.

Name and Address of Owner.

Period of Renewal.

Class in which renewed.

File No.

No. 131 of 1918. 15th February,

1918.

C. and E. Morton, Limited, of London, England.

15th February, 1946.

364 of 1931.

17th February, 1932.

E. L. AGASSIZ,

Registrar of Trade Marks.

OFFICE OF REGISTRAR OF TRADE Marks.

　　No. 110. It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909 :-

Number of

Marks.

Date of Registration.

Name and Address of Owner.

Period of Renewal.

Classes in which renewed.

File

No.

Nos.

15XXXVIA,

1889.

8th November, China Export, Import and Bank 8th November, Co., Aktiengesellschaft,

1945.

15XXXVIB.

15XXXVIC,

of Shanghai, carrying on business at Shanghai, China.

24, 34, 35, 43, 47 and of 1931.

48.

3361

15XXXVID,

15XXXVIE

and

15XXXVIF

of 1889.

17th February, 1932.

E. L. AGASSIZ, Registrar of Trade Marks.

164

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 19, 1932.

ROYAL OBSERVATORY.

No. 111.-Extract of Meteorological Observations made at the Royal Observatory, Hong Kong, during the month of January, 1932.

DATE.

BAROMETER

AT M.S.L.

TEMPERATURE.

HUMIDITY.

Max

Mean. Min.

Rel.

Abs.

CLOUDINESS.

SUNSHINE.

WIND.

RAIN.

Mean Mean

Dir.

Vel.

Miles

January

ins.

p. c.

ins.

p. c.

hrs.

ins.

Points.

p.h.

30.29

62.2

55.0

47.3

0.22

10.2

NE by E

5.4

68.1

60.2

54.3.

.16

10.3

N by E

10.8%

3..

.24 70.2

61.1

53.7

.18

10.4

6.1

+..

.18

65.3

59.9

53.9

.28

10.0

ESE

6.7

5,.

.13

64.1

58.7 53.9

.30

10.3

E by S

7.Q

6..

.II

67.2

62.8 55.7 73

.42

2.7

E by S

9.0

7..

.25

65.8

60.8

48.2 65

.34

O. I

NNE

8.2

8,.

.39

54.6

49.0

43.3

.18

2.4

N by E

9.5

9..

·41

58.4

51.5

45.0

.18

9.8

6.6

10.

58.7

54.9

49.1 64

.27

I 2

10. I

E by N

12.9

.39

62.0

58.3

54.2

-34

9.5

17.2

I 2

.35

69.9 62.1

56.2 57

.32

10.0

ESE

+.7

13..

-35

66.3

60.5

56.6

.28

9.8

NE by E

11.9

14,.

.31

62.9

59.2

56.1

.33

0.9

10.0

.26

[5,.

70.0

62.9 59.1

.41

8.6

5.6

16..

.29

69.9

62.9 58.1 59

·34

9.7

E by N

11.3

17..

.29

62.4

59.4 58.0 72

.36

3.5

E by N

20.5

18..

.28 64.7

61.8 59.6

·38

1.4

E by N

18.2

19..

.30

64.1

61.6 59.9

7.3

E by N

20.3

20..

.31

65.1

62.1

59.8

-43

10.1

21.8

21..

.30

69.4

63.4 60.2 69

•40

10.4

E by S

14.5

22..

.26

73.9

64.9 39.0

9.1

E by S

6.3

.23

71.3

64.8 61.2

+++

8.7

E by S

9.4

24..

.25

68.8

62.5 60.5

6.0

E by N

11.9

25..

.22

65.5:

62.0

59.8 82

.46

0.5

E by S

10.4

26,.

21 70.8

64.4 58.0 6-

.40

10.0

ENE

5.4

27..

.24

64.0

59.3 55.4

.31

6.7

ENE

11.9

28.

.19

61.6

60.0

58.6 64

16.7

-33

29,

.17

68.7 63.2

59.4

.37

6.3

E by S

14.8

30,.

.13

66.5 63.1 61.0

·44

6.1

22.0

31...

.05

65.4

62.5

59.9

-47 49

9.0

15.7

Vean.

30.26

39 219.9

0.00

E by N

11.7

65.7 60.4 36.0 64 0.34

MEANS AND EXTREMES FOR JANUARY:

Maximum,. Normals, Minimum,

30.27

30.05 59.1

54.0

69.0 64.9 62.2 83 0.51 30.17 64.5 59.9 56.2 75

49.8 46 0.19

0.40

94 39

241.9

8.4.30

16.8

146.9 1.287 E by N

12.7

39.4

0.000

8.2

　　　　The rainfall for the month of January at the Botanical Gardens was Oin. 01 on 1 day, at the Matilda Hospital, Mount Kellett, it was Oin. 04 on 1 day, at Fanling. (in. 00 on 0 day, and at the Police Station, Taipo, Oin. 00 on 0 day.

The lowest reading of the barometer (M.S.L.) was 29ins. 977 at 15h 15m. on the 31st.

　　　　The maximum gust velocity as recorded by the Dines-Baxendell anemograph, was at the rate of 43 miles per hour at 13h. 20m. on the 30th.

T. F. CLAXTON,

Director.

13th February, 1932.

;

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 19,1932. 165

ASSESSOR'S OFFICE.

No. 112.--The following alterations in house numbers are hereby notified.

NEW NUMBERS.

OLD NUMBERS.

LOT

新門牌

舊門牌

NUMBERS.

TUNG CHAU STREET.

通洲街

REMARKS.

From Tong Mi Road South East to North West.

SOUTH WEST SIDE.

Here is Tong Mi Road.

ODD NUMBERS.

1 to

一號至

In Reserve.

一九號

二一號

]

號

K.L.L. 1780.

二三號

二號

1779.

二五號

In Reserve.

二七號

Here is Lime Street.

29 to

二九至

K.1.L. 1928.

In Reserve.

......

四一號

四三號

2439.

Min Keung Knitting

Factory.

四五號

...

四七號

Here is Prince Edward Road.

NORTH EAST SIDE.

EVEN NUMBERS.

ཀ

二號

二號 K.I.L. 1724.

四號

號

Here is Prince Edward Road.

Here is Nam Chang Street.

200

二零零

四六號

202

二零二

四五號

204

二零四

四四號

206

二零六

208

二零八

N.K.I.L. 48.

Area Reserved for Govern-

ment.

In Reserve.

呼呼

166

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 19, 1932.

NEW NUMBERS.

OLD NUMBERS.

LOT

REMARKS.

新門牌

舊門牌

NUMBERS.

TUNG CHAU STREET,--Continued.

通洲街

NORTH EAST SIDE,

EVEN NUMBERS.

210 to

-零至

N.K.I.L. 48.

In Reserve.

220

222

Unnumbered.

224

二二四

226

二二六

四二號

228

二二八

Unnumbered.

230

二三零

四一號

Here is Pei Ho Street.

232

二三:

Cunumbered.

N.K.I.L. 49.

234

二三四

Ice Factory.

;

236

二三六

238

二三八

240 to

二四零至

434,

254

二五四

1029 & 1024.

256

二五六

12 一二號 Godown. N.K.L.L.329.

258

二五八

11 一一號

260 to 二六零至

298

二九八

Here is Kweilin Street.

In Reserve,

N.K.I.L. 328

& 1137.

In Reserve.

Here is Yen Chow Street.

300 to

三零零至|

324

三二四

N.K.I.L. 1193

& 1435.

In Reserve.

326

三二六

Unnumbered.

N.K.I.L. 1191.

Godown.

328

三二八

330

三三

Here is an Unnamed Street.

心

。

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 19, 1932.

167

NEW NUMBERS,

OLD NUMBERS.

新門牌

舊門牌

LOT NUMBERS.

REMARKS.

CEDAR STREET.

柏樹街

From Lai Chi Kok Road North-Eastward to Yu Chau Street.

NORTH WEST SIDE.

Here is Lai Chi Kok Road.

ODD NUMBERS.

1=1

三號

五號

號號號

號

K.I.L. 2650.

二號

2651.

三號

2632.

七號

四號

九號

Here is Tai Nam Street.

K.L.L.2405.

-號

一三號

......

2588.

2587.

Here is Ki Lung Street.

一五號

K.I.L. 2401.

一七號

一九號

二一號

二三號

二五號

二七號

二九號

Then Yu Chau Street.

PRINCE EDWARD ROAD.

英皇子道

From Tai Kok Tsui Road Eastwards to Sai Kung Road.

NORTH SIDE.

EVEN NUMBERS.

| In Reserve.

Here is Tong Mi Road.

六八號

六零號

七零號

六二號

K.I.L. 2466.

168

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 19, 1932.

NEW NUMBERS.

OLD NUMBERS.

LOT

REMARKS.

新門牌

舊門牌

NUMBERS.

PRINCE EDWARD ROAD,-Continued.

英皇子道

NORTH SIDE.

EVEN NUMBERS.

七二號

六四號 K.I.L. 2534.

七四號

六六號

2535.

七六號

六八號

2465.

אך

七八號

七零號

2536.

八零號

七二號

2464.

八二號

七四號

八四號

七六號

八六號

七八號

八八號

八零號

2463.

Here is Canton Road.

Here is Lai Chi Kok Road.

九零號

335

三三五

K.I.L.1765.

九二號

337

三三七

九四號

337 K

三三七K

九六號

248

二四八

2130.

九八號

246

二四六

100

一零零

244

二四四

多多

102

-零二

242

二四二

104

一零四

106

-零六

Here is Tai Nam Street.

......

Here is Portland Street.

108

一零八

234

二三四

K.I.L. 2136.

110

-零

232

二三二

2437.

112

230

二三零

2436.

114

·四

228

二二八

2434.

Open Space.

Under construction.

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 19, 1932. 169

NEW NUMBERS.

OLD NUMBERS.

LOT

REMARKS.

新門牌

舊門牌

NUMBERS.

PRINCE EDWARD ROAD, Continued.

ROAD,-Continued.

英皇子道

NORTH SIDE.

EVEN NUMBERS.

116

六

226

二二六 K.I.L. 2435.

118

一一八

224

二二四

2433.

120

一二零

222

2438.

122

220

二二零

124 to

一二四至

132

134 to

一三四至

142

一四二

Here is Nathan Road.

K.I.L. 1652.

Police Training School

Here is Sai Yeung Choi Street.

Recreation Ground

(In Reserve).

Police Training School

Recreation Ground (In Reserve).

Here is Tung Choy Street.

144

一四四

K.I.L. 2209.

1 Edward Building.

146

一四六

2543.

148

一四八

2542.

150

一五零

2541.

152

一五二

......

2540.

154 to

188

一五四至一八八

190

一九零

192

一九二

194

一九四

196

一九六

198

一九八

Here is Fa Yuen Street.

Here is Depot Road.

Here is an unnamed Street.

Open space leading on to area reserved for playing fields.

(In Reserve).

K.I.L. 2372.

Under construction.

170

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 19,

1932.

NEW NUMBERS.

OLD NUMBERS.

新門牌

舊門牌

LOT NUMBERS.

REMARKS.

PRINCE EDWARD ROAD, Continued.

英皇子道

NORTH SIDE.

EVEN NUMBERS.

200

二百號

K.I.L. 2372.

Under construction.

202

二零二

204.

二零四

206

二零六

208

二零八

210

二一零

212

二一二

214

二一四

216

二一六

218

二一八

220

二二零

→

222

224

二二四

226

二二六

228

二二八

230

二三零

232

二三二

234

二三四

236

二三六

238

二三八

240 to

二四零至

246

二四六

248

二四八

250

二五零

Here is Embankment Road West.

Then Kowloon-Canton Railway.

Then Embankment Road East.

K.I.L. 2165.

......

Under construction..

....

Here is Knight Street.

2185.

2201.

2539.

2204.

2188.

(In Reserve).

K.I.L. 2158.

(In Reserve).

:::

Under construction.

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 19, 1932.

171

NEW NUMBERS.

OLD NUMBERS.

LOT

REMARKS.:

新門牌

舊門牌

NUMBERS.

PRINCE EDWARD ROAD, Continued.

英皇子道

NORTH SIDE,

EVEN NUMBERS.

252

二五二

K.J.L. 2158.

254

二五四

256

二五六

258

二五八

2153.

Church Site.

Here is Waterloo Road.

260

二六零

K.I.L. 2135.

262

二六二

264

二六四

266

二六六

268

二六八

270

二七零

272

二七二

• 274

二七四

个

276

二七六

278

二七八

280

二八零

282

二八二

呼呼

Here is an Unnamed Street.

284

二八四

K.1.L. 2097.

286

二八六

多

288

二八八

290

二九零

139

(In Reserve).

292

二九二

294

二九四

296

二九六

Here is an Unnamed Street.

298

二九八

K.I.L.2098.

300

三百號

302 to

三零二至

(In Reserve).

306

三零六

172 THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 19, 1932.

NEW NUMBERS.

OLD NUMBERS.

LOT

REMARKS.

新門牌

舊門牌

NUMBERS.

PRINCE EDWARD ROAD.-Continued.

英皇子道

NORTH SIDE.

EVEN NUMBERS.

Here is an Unnamed Street.

K.I.L. 2099.

308

310

三一零

312

三一二

314

三一四

316

三一六

318

三一八

320 to

至

322

324 to

四福

330

332 to

334

1959.

Here is an Unnamed Street.

N.K.I.L. 1269.

三三二至

111111

三三

二四

三三四

Here is Grampian Road.

(In Reserve).

1504.

336 to

386

三三六至

三八六

388

三八八

N.K.L.L. 1096.

390

三九零

392

三九二

394

三九四

多多

396

三九六

1119.

......

398

三九八

100

四百號

402

四零二

(In Reserve).

四至四一八

Here is an Unnamed Street.

! N.K.I.L. 469.

(In Reserve).

Here is an Unnamed Street.

404 to

四

418

420 to

四二零至

...

434

匹三四

.....

(In Reserve).

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 19,

1932.

173

NEW NUMBERS.

OLD NUMBERS.

LOT

REMARKS.

新門牌

舊門牌

NUMBERS.

PRINCE EDWARD ROAD, Continued.

英皇子道

NORTH SIDE.

EVEN NUMBERS.

Here is an Unnamed Street.

436 to 四三六至

N.K.I.L. 1432.

(In Reserve).

450

四五零

Here is an Unnamed Street.

452

四五二

| N.K.I.L. 1174.

154

四五四

四四號

456

四五六

四二號

458

四五八

460

四六零

162

四六二

Here is Tak Ku Ling Road.

464

四六四

三四號

N.KL.L.1233.

466

四六六

三二號

468

四六八

三號

1132.

470

四七零

二八號

472

四七二

474

四七四

1028.

476

四七六

二二號

1145.

478

四七八

二十號

1337.

480

四八零

一八號

1120.

Here is Po Kong Road.

482

四八二

一六號

484

四八四

一四號

N.K.I.L. 1001.

1213.

486

四八六

一二號

488

四八八

-零號

490

四九零

八號

492

四九二

六號

540.

494

四九四

四號

多多

496

四九六

二號

多多

174

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 19,1932.

NEW NUMBERS.

OLD NUMBERS.

LOT

REMARKS.

新門牌

舊門牌

NUMBERS.

PRINCE EDWARD ROAD, Continued.

英皇子道

NORTH SIDE.

EVEN NUMBERS.

Here is Sa Po Road.

498

四九八

N.K.L.L.1241.

500

五百號

502

五零二

•號

504

五零四

2 B 二號B

506

五零六

508

五號八

510

五一零

512

五一二

15th January, 1932.

Here is Shek Ku Lung Road.

Then an Open Space.

Then Sai Kung Road.

(In Reserve).

EDWIN TAYLOR, Treasurer and Assessor of Rates.

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 19, 1932. 175

HARBOUR Department.

No. 113. Under the authority of the Air Navigation Directions (Hong Kong), 1932, (No. 1) paragraph 95 (c) the following charges are prescribed as the fees to be paid as "Housing Fees" at Kai Tak Aerodrome.

Class AA...

A. SHORT PERIOD RATES (up to 24 hours).

Class A

Class B

Class C

Class D

...$ 2.50

5.00

10.00

20.00

30.00

B.-MONTHLY RATES.

Exclusive of Landing Fees.

Inclusive of Landing

Fees.

Rus valis

substituted

.9.1.355/35 9.9.3.5.35.

Class AA...

$50.00 per month.

$ 75.00 month.

per

Class A

100.00

150.00

Class B

200.00

300.00

Class C

Class D

400.00

600.00

800.00

All Aircraft will be charged Short period rates unless special arrangements have been made for "Monthly Rates" to be charged. Aircraft on "Monthly Rates" will be charged full rates for any month or portion of a month.

The fees quoted in the column headed "Inclusive of Landing Fees" cover all landings carried out by one aircraft in any particular month.

12th February, 1932.

G. F. HOLE,

Director of Air Services.

DISTRICT OFFICE, SOUTH.

　　No. 114. It is hereby notified for general information that Memorials of Re- entry by the Crown on Lots Nos. 62, 63, 64 in Lantao Plateau, Ma Wan Lots Nos. 24, 101; Lamma Demarcation District No. 5 Lot No. 1; Hang Hau D.D. No. 234 Lots Nos. 209, 220, 223; D.D. 239 Lot No. 88; D.D. 243 Lots Nos. 135, 176, 193; Tsun Wan D.D. 444 Lots Nos. 135, 231, 233; D.D. 445 Lots Nos. 295 R.P., 296; D.D. 450 Lot No. 130; D.D. 397 Lot No. 78; Lantao D.D. 322 Lot No. 323; and Tung Chung D.D. 1 Lots Nos. 523, 572, and 573, have been registered according to law.

J. S. MACLAREN, District Officer, Southern District.

19th February, 1932.

LAND REGISTRY OFFICE.

No. 115.-It is hereby notified for general information that a Memorial of Re- entry by the Crown on Kowloon Inland Lots Nos. 1651 and 1652 has been registered according to law.

17th February, 1932.

PHILIP JACKS,

Land Officer.

176

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 19, 1932.

LAND REGISTRY, OFFICE, TAIPO, N.T.

No. 116. It is hereby notified for general information that Re-entry by the Crown on the under-mentioned Lots in the Northern District of the New Territories has been registered according to law:-

District No.

Lot No.

1101, 1102.

1336.

1075B, 1421B.

463, 464, 468.

620.

3009.

75, 268.

98, 117B.

1809.

1898, 3809, 83/4433, 86/4433.

1050, 1052, 1054, 1105, 1685, 1690, 1691, 1735.

483, 667.

1A, 23, 27, 31, 320, 45D.

161.

1208, 1215, 1223.

1314.

1561, 1753, 1760, 1769, 1822, 1860, 1970, 1975, 2057, 2060, 2061, 2148, 2152, 2238, 2241, 2624, 2751, 2807, 2808; 2809, 2823, 2876, 2881, 2956, 2982, 3019, 3022, 3138, 3151, 3211, 3368, 3437, 3479, 3505, 3550, 3556, 3580. 1327B, 1340, 1342, 1352, 1364.

100

821.

107

232, 645.

109

1248.

110

751.

111

112

113

114

271

1762, 2247, 2249, 2708, 2710, 3095. 465, 649.

347, 463, 482, 500, 502, 675.

1455.

150, 370.

280

52, 55, 57, 59.

292

158.

380

382

395

227, 274, 281.

133, 156, 159, 174, 176.

48, 49, 56, 57, 59, 60, 63, 74, 94, 99, 104, 108, 110, 119,

134, 148.

398

40, 41.

House No.

Ho Sheung Heung 86.

Hang Tau 7, 24.

Ma On Kong 17, 165, 166, 167.

Tong Fong 88.

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 19, 1932.

House No.

Kam Tin Pak Pin 287.

Wing Ning Li 258, 271.

Toi Shan Tsun 78.

Shui Lau Tin 34.

San Tsun 5, 34B.

Shek Kong Tsun 1, 39, 41.

Ha Tsun 57A.

Ha Tsun San Wai 5.

Po Tong Ha 27, 50.

Sai Shan Tsun 45.

Ping Shan Tong Fong 75.

16th February, 1932.

T. MEGARRY,

District Officer, North.

LAND REGISTRY OFFICE.

177

　　No. 117. It is hereby notified for general information that a Memorial of Re-entry by the Crown on Kowloon Inland Lot No. 2695 has been registered according to law.

19th February, 1932.

PHILIP JACKS,

Land Officer

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 19, 1932.

House No.

Kam Tin Pak Pin 287.

Wing Ning Li 258, 271.

Toi Shan Tsun 78.

Shui Lau Tin 34.

San Tsun 5, 34B.

Shek Kong Tsun 1, 39, 41.

Ha Tsun 57A.

Ha Tsun San Wai 5.

Po Tong Ha 27, 50.

Sai Shan Tsun 45.

Ping Shan Tong Fong 75.

16th February, 1932.

T. MEGARRY,

District Officer, North.

LAND REGISTRY OFFICE.

177

　　No. 117. It is hereby notified for general information that a Memorial of Re-entry by the Crown on Kowloon Inland Lot No. 2695 has been registered according to law.

19th February, 1932.

PHILIP JACKS,

Land Officer

180

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932.

EXECUTIVE COUNCIL.

No. 118

Hong Kong.

ORDINANCE No. 7 of 1926 (POST OFFICE).

In exercise of the powers conferred by section 3 of the Post Office Ordinance, 1926, the Governor in Council makes the undermentioned regulations in substitution for the regu- lations heretofore made under the said section.

Regulations.

1. The following rates of postage shall be charged on letters (other than postcards) addressed to the following destinations :----

Destination.

Rate of Postage.

Places in the Colony

United Kingdom and British possessions and protec-

torates

ria Suez and the Pacific...

ria Siberia

3 cents for each ounce or

part of an ounce.

12 cents for each ounce or

part of an ounce.

20 cents for the first ounce and 10 cents for each additional ounce or part of an ounce.

Macao

China proper, excluding Sinkiang, Mongolia and Thibet

Foreign countries generally..

4 cents for each ounce or part of an ounce.

20 cents for the first ounce and 10 cents for each additional ounce or part of an ounce.

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932. 181

2. The following rates of postage shall be charged on postcards addressed to the following destinations:----

Destination.

Places in the Colony

United Kingdom and Brit- ish possessions and pro-

tectorates

Macao

China proper, excluding Sinkiang, Mongolia and Thibet

Foreign countries gene-

rally

Rate of Postage.

2 cents.

& cents.

2 cents.

8 cents.

3.-(1) The postage on printed papers for Hong Kong, China and Macao shall be 2 cents for each two ounces or part of two ounces; and to all other destinations 4 cents for each two ounces or part of two ounces.

(2) In this regulation, "Printed paper" means a docu- ment which is produced by some mechanical process other than typewriting.

4.-(1) The postage on Commercial papers for any des- tination shall be 20 cents for the first ten ounces and 4 cents for each additional two ounces or part of two ounces.

(2) In this regulation, "Commercial paper" means document produced wholly or partly by hand, which has not the character of personal correspondence, and which does not represent a monetary value.

5.-(1) Circulars for addresses in the Colony which are posted in batches of not less than ten of uniform size and weight, and which are posted by being delivered to an officer of the Post Office, shall be charged postage at the rate of 2 cents for each two ounces or part of two ounces.

(2) In this regulation, "Circular" means a communication of which copies are addressed to a number of persons in identical or nearly identical terms.

6. Literature for the blind, not exceeding 11 lbs. in weight, shall be charged postage at the rate of 2 cents for each 2 pounds or part thereof.

7.--(1) The postage on Samples shall be 8 cents for the first four ounces and 4 cents for each additional two ounces or part of two ounces.

(2) Samples must possess no saleable value, and must bear no writing except the name or commercial style of the sender.

182 THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932.

the address of the person for whom they are intended, a trade mark or manufacturer's mark, and numbers prices and indica- tions relative to weight, measurements, dimensions or quantity, or necessary to determine the origin or nature of the goods.

8. (1) A class of postal packets called "small-packets" is authorised with the object of affording facilities, in the inter- national service, for the transmission of small articles of mer- chandise in the letter mails. The exchange of small-packets is limited to those countries which have agreed to participate in the service.

(2) The maximum dimensions of a small-packet are 18 in by 8 in. by 4 in., or if in roll form 18 in. in length and 6 in. in diameter, and the limit of weight is 2 lbs.

(3) The prohibitions applicable to the letter post apply also to the service of small-packets. In addition, the follow- ing are specially excluded from transmission in small packets:----

Letters, notes or documents having the character of actual and personal correspondence (this pro- hibition does not apply to open invoices reduced to the simplest form, the address of the article, and and the sender's address); coin; banknotes; cur- rency notes; negotiable instruments payable to bearer; platinum, gold or silver, manufactured or not; precious stones; jewels and other valuable articles; postage stamps, whether obliterated or

not.

(4) Small-packets are subject to the requirements for samples of merchandise as regards form, make up and packing (e.g. they must be sent in such a manner as to be easy of examination). In addition, the name and address of the sender must be shown on the outside of the packet; and each packet must be conspicuously marked "Small Packet" in the top left- hand corner.

(5) The rate of postage on small-packets shall be 50 cents for the first eight ounces, and 15 cents for each additional two ounces or part of two ounces. The postage must be fully prepaid by the sender.

(6) Small-packets may be registered, but not insured.

9. Printed papers, commercial papers and samples may be enclosed in the same packet: Provided that---

(1) each article taken separately shall not exceed the

limits of weight and size applicable to it;

(2) the total weight shall not exceed 5 lbs if addressed to the United Kingdom, a British possession or pro· tectorate, or a country not in the Postal Union, and 4 lbs. 6 ozs. if addressed to any foreign country in the Postal Union; and

(3) the minimum rate of postage for each packet shall be 20 cents if it contains commercial papers and 8 cents if it consists of printed papers and samples.

10. The postage on clubbed packets for China shall be 4 cents for each half ounce,

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932.

11. The rates of postage on parcels shall be those from time to time and for the time being approved by the Governor in Council and exhibited at the Post Office.

not subject to any

12. The following letters are postage:-

(1) letters on official business, posted in Hong Kong, from a department of the Government of the Colony, addressed to the United Kingdom or to a British possession or protectorate, marked "On His Majesty's Service", and signed in the lower left-hand corner with the usual signature of the head or assistant head of the department of origin;

(2) letters on postal business posted in Hong Kong, and

addressed to the Postmaster General; and

(3) letters on Hong Kong Savings Bank business posted in Hong Kong, and addressed "Hong Kong Savings Bank".

13. The following postal packets shall be charged the same rates of postage as if they were letters:

(1) all postal packets which are closed to inspection,

except parcels; and

(2) all postal packets which contain a letter.

14. No postal packet shall contain any enclosure which is directed to a name and address different from the name and address borne on the cover, and which is enclosed with the intention of evading postage. Any such enclosure may be taken out and may be forwarded to the addressee charged with separate postage. This regulation shall not apply to any clubbed packet sent by or addressed to any person licensed under the Post Office Ordinance, 1926, to send or to receive clubbed packets.

15. Precious stones, jewellery and other precious articles shall not be sent by letter post.

16. Subject to any special agreement which may have been made by the Postmaster General with any particular steamship company before the commencement of these regula- tions, or which may hereafter be made by him, the rates of the gratuities payable under section 19 of the Post Office Ordin- ance, 1926, shall be as follows:-

For transit mails other than parcels conveyed to Indo-China and to ports in China south of Shanghai

For transit mails other than parcels conveyed to Canada, the United States (including Hawaii), Europe, Australia

and New Zealand

For transit mails other than

parcels conveyed to any other

destination

$0.50 per bag or

paper packet.

$2.00 per bag.

$1.00 per bag.

183

181

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932.

For mails other than parcels

made up in Hong Kong

For parcels originating in

10 cents per lb. or

fraction of a lb.

Hong Kong or transit parcels.

5 cents per parcel.

17. The fee for the return of a postal packet under section 11 of the Ordinance shall be $1 payable in stamps.

18. The fee for a private box shall be $20 or $10 per year (ending on the 31st December), or $2 or $1 a month according to the size of the box. The fees are payable in advance. If the fee is not paid, the box may be closed. deposit of $2 must be made for the use of the key: on the return of the key the deposit will be refunded. No person shall without the authority of the Postmaster General make or cause to be made any duplicate key of any private box.

19. The fee for a certificate of posting shall be 1 cent for each packet posted. It shall be payable in advance by queans of a 1 cent postage stamp affixed to the certificate.

20. The fee for the reception of mail matter shall be for a year or part of a year. The certificate shall lapse on the 31st December of the year in which it was issued, unles renewed.

21.--(1) The registration fee shall be 20 cents for each postal packet and the fee for an acknowledgment of the receip! by the addressee of any registered post packet shall be

10 cents.

(2) The registration fee, and the postage on a registered packet, must be prepaid.

22. Unregistered postal packets found to contain bank notes, used or unused postage stamps, cheques payable to bearer, or uncrossed postal orders or postal notes, shall be subject to compulsory registration and shall be charged a registration fee of forty cents for each such packet.

23.--(1) For Cash on Delivery parcels a special fee will be collected for any "Trade Charge", at the rate of 10 cents for each $10, or fraction of $10, and, in addition, a posting fee of 20 cents will be levied on each parcel so posted.

(2) The trade charge on any one parcel shall not exceed £10 (or $200 in the case of Macao).

(3) The cash on delivery fee, and the postage, must be prepaid on every cash on delivery parcel.

(4) In this regulation, "trade charge" means the amount to be collected on delivery.

24. (1) Local money orders (limit $400 Hong Kong Currency) will be issued payable in Hong Kong and Macao. Commission shall be charged at the rate of 1 cent per dollar or part of a dollar, with a minimum charge of 5 cents.

(2) Foreign money orders will be issued at rates of exchange fixed by the Postmaster General from time to time.

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932.

Commission shall be charged at the rate of 11⁄2 cents for each dollar or part of a dollar, with a minimum charge of 10 cents.

(3) In the case of foreign money orders drawn through London, which must be expressed in sterling, the London General Post Office will, before issuing an order in the currency of the country of payment, make a deduction at the rate of 2d. for each £1 or part of £1, with a minimum deduction of 46.

(4) The limits for a single foreign money order shall be £40, 1,000 francs, G$100, 600 rupees, 400 Yen, and $100 (silver currency) respectively.

(5) A foreign money order remaining unpaid for one year after the date of issue shall be treated as void.

(6) The fee for an advice of payment shall be 10 cents.

(7) For telegraphic money orders there shall be charged an additional fee of 25 cents and also the cost of the telegram of advice at the deferred rate.

25. Imperial postal orders will be issued at rates of ex- change fixed by the Postmaster General from time to time.

26. The commission chargeable on Local postal notes payable at Hong Kong and Macao shall be as follows:-

185

Amount.

Commission.

Amount.

Commission.

$ c.

- 25

1 cent.

3.00

3. cents.

- 50

1 cent.

4.00

4. cents.

1.00

1 cent.

5.00

5. cents.

2.00

2 cents.

10.00

10. cents.

27. The fee for insurance shall be 40 cents for each 300 gold franes (or £12) or part thereof. The right to insure, the limits up to which insurance may be effected and the right to compensation in case of loss or damage, shall be subject in all respects to the provisions of the Postal Guide. In this regulation "Postal Guide" means the Postal Guide issued by the Postmaster General, current at the time of insuring or claiming as the case may be, and includes any amendments of the same whereof notice may from time to time be exhibited at the Post-Office

28. The selling prices of Imperial and International reply coupons shall be 16 cents and 25 cents each respectively.

29. Letters will be accepted at Hong Kong for trans- mission by the undermentioned Air Mail Services to the destina- tions named, and at the charges specified. The charges are in addition to the regular postage.

186

THE HÔNG KONG GOVERNMENT GAZETTE, FEBRUARY 25, 1932.

Charge

Destination.

Rate per

Charge

Rate per

ounce.

U.S. Air Mail

Services.

Via

Seattle

Sau Francisco)

United States

Cts.

U.S. Air Mail Services.

Cts.

Dutch

West

Indies

(a) Saba, St.

0.70

Eustatius & St.

Martins

1.40

Europe, Bahamas,

Canada and Cuba...

0.90

(b) Curacao, Aruba

& Bonairo

4.25

Dominican Republic,

Haiti,

Jamaica.

British Guiana,

Porto Rico, and

Colombia, Dutch

Virgin Is. (British

Guiana, Ecuador,

& U.S.)

1.40

French Guiana &

Venezuela

4.25

Mexico

1.75

Bolivia & Peru

5.65

Guatemala,

Honduras (British)

Brazil & Chile

7.05

and Republic),

Nicaragua and

Argentine,

Paraguay

Salvador

2.10

& Uruquay

7.75

Barbados, Costa Rica,

Guadeloupe, Lee- ward Islands (ex- cept Virgin Islands) Martinique, Pana- ma & Canal Zone, Tobago, Trinidad & Windward Islands..

Canadian Air Mail

Services.

(Via Vancouver)

2.80

Canada

Per Oz.

0.70

Shanghai to Man- Per Oz.

chouli Air Mail

Europe

Service.

(Note available dur-

ing winter. See

Mail Notices.)

0.30

D. W. TRATMAN,

Clerk of Councils.

COUNCIL CHAMBER,

24th February, 1932.

NOTES.-The Government Notifications relating to the rescinded

regulations are:-

G.N. 337 of 1926.

Gazette 25th June, 1926.

329 of 1927.

2nd June, 1927.

615 of 1927.

28th October, 1927.

302 of 1929.

14th June, 1929.

354 of 1929.

468 of 1929.

12th July, 1929.

13th September, 1929.

}

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932.

187

G.N. 609 of 1929.

Gazette 29th November, 1929.

449 of 1930.

25th July, 1930.

471 of 1930.

1st August, 1930.

620 of 1930.

621 of 1930.

660 of 1930.

704 of 1930.

9th October, 1930.

31st October, 1930.

28th November, 1930.

705 of 1930.

28th November, 1930.

11 of 1931.

9th January, 1931.

137 of 1931.

6th March, 1931.

181 of 1931.

27th March, 1931.

217 of 1931.

10th April, 1931.

257 of 1931.

1st May, 1931.

289 of 1931.

15th May, 1931.

589 of 1931.

18th September, 1931.

838 of 1931.

31st December, 1931.

The substituted regulations embody the rescinded regulations withi the following changes,-

(a) regulation 6-The weight limit in respect of literature for

the blind is increased to 11 lbs.

(b) regulation 11 replaces former regulation 10 and is new. Current parcel post rates will in future be exhibited at the Post Office; the Appendix to the regulations disappears, and frequent and lengthy supplements will not be gazetted in future.

(c) regulation 21 (1) contains an addition as to the fee of 10 cents for acknowledgment of receipt by the addressee of any registered postal packet.

(d) regulation 22-compulsory registration fee for postal packets found to contain bank notes, etc., is increased to 40 cents.

(e) regulation 23 (1)-The fee on Cash on Delivery parcels is

altered, and a posting fee of 20 cents is authorised. (regulation 24 (1)-Provision is made with regard to Local

Money Orders.

(g) regulation 29 replaces former regulation 28, and is new, it contains the present charges for transmission of Air Mail Services letters to destinations.

(h) The alteration in numbering is due to former regulation

7A now appearing as regulation 8.

No. 119.

Hong Kong.

Order made by the Governor-in-Council under Section 4 of the Crown Fees Ordinance 1870, on the 24th day of February, 1932.

In any case where the holder of a lot or portion or section of a lot is required to take up more than one Crown Lease in respect of that lot or portion or section, by reason only of the fact that more than one house is erected thereon, he may be released from the payment required under Article 15 of the Second Schedule to The Land Registration Ordinance 1844 as amended by Section 3 (iii) of The Land Registration Amendment Ordinance 1931 in respect of any additional lease so required to be taken up by him.

D. W. TRATMAN,

COUNCIL CHAMBER,

24th February, 1932.

Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932.

187

G.N. 609 of 1929.

Gazette 29th November, 1929.

449 of 1930.

25th July, 1930.

471 of 1930.

1st August, 1930.

620 of 1930.

621 of 1930.

660 of 1930.

704 of 1930.

9th October, 1930.

31st October, 1930.

28th November, 1930.

705 of 1930.

28th November, 1930.

11 of 1931.

9th January, 1931.

137 of 1931.

6th March, 1931.

181 of 1931.

27th March, 1931.

217 of 1931.

10th April, 1931.

257 of 1931.

1st May, 1931.

289 of 1931.

15th May, 1931.

589 of 1931.

18th September, 1931.

838 of 1931.

31st December, 1931.

The substituted regulations embody the rescinded regulations withi the following changes,-

(a) regulation 6-The weight limit in respect of literature for

the blind is increased to 11 lbs.

(c) regulation 21 (1) contains an addition as to the fee of 10 cents for acknowledgment of receipt by the addressee of any registered postal packet.

(d) regulation 22-compulsory registration fee for postal packets found to contain bank notes, etc., is increased to 40 cents.

(e) regulation 23 (1)-The fee on Cash on Delivery parcels is

altered, and a posting fee of 20 cents is authorised. (regulation 24 (1)-Provision is made with regard to Local

Money Orders.

(g) regulation 29 replaces former regulation 28, and is new, it contains the present charges for transmission of Air Mail Services letters to destinations.

(h) The alteration in numbering is due to former regulation

7A now appearing as regulation 8.

No. 119.

Hong Kong.

Order made by the Governor-in-Council under Section 4 of the Crown Fees Ordinance 1870, on the 24th day of February, 1932.

D. W. TRATMAN,

COUNCIL CHAMBER,

24th February, 1932.

Clerk of Councils.

188

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932.

LEGISLATIVE COUNCIL.

No. 120.

LEGISLATIVE COUNCIL, No. 2.

Thursday, 11th February, 1932, at 2.30 p.m.

PRESENT:

HIS EXCELLENCY THE GOVERNOR (Sir WILLIAM PEEL, K.C.M.G., K.B.E.).

His Excellency the General Officer Commanding the Troops, (Major-General JAMES

WALTER SANDILANDS, C.B., C.M.G., D.S.O.).

The Honourable the Colonial Secretary, (Mr. WILFRID THOMAS SOUTHORN, C.M.G.).

the Attorney General, (Mr. CHALONER GRENVILLE ALABASTER, K.C.,

O.B.E.).

the Secretary for Chinese Affairs, (Mr. EDWIN RICHARD HALLIFAX,

C.M.G., C.B.E.).

the Colonial Treasurer, (Mr. EDWIN TAYLOR).

Mr. HAROLD THOMAS CREASY, C.B.E., (Director of Public Works). Mr. EDWARD DUDLEY CORSCADEN WOLFE, C.M.G., (Inspector General

of Police).

Commander GEORGE FRANCIS HOLE, R.N. (Retired), (Harbour Master). Dr. ARTHUR ROBARTES WELLINGTON, (Director of Medical and Sanitary

Services).

Sir HENRY EDWARD POLLOCK, Kt., K.C.

Mr. WILLIAM EDWARD LEONARD SHENTON.

Mr. ROBERT HORMUS KOTEWALL, C.M.G., LL.D.

Mr. José PEDRO BRAGA.

Mr. Ts'o SEEN-WAN, O.B.E., LL.D.

Mr. CHARLES GORDON STEWART MACKIE.

Mr. Joux JOHNSTONE PATERSON.

Mr. CHAU TSUN-NIN.

Mr. ROLAND ARTHUR CHARLES NORTHI, (Deputy Clerk of Councils).

1. The Council met pursuant to adjournment. His Excellency the Governor

occupied the Chair.

MINUTES.

2. The Minutes of the Meeting held on the 28th January, 1932, were confirmed.

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932. 189

REPORT OF THE FINANCE COMMITTEE.

3. The Colonial Secretary laid on the table the Report of the Finance Committee

(No. 1), dated the 28th January, 1932, and moved its adoption.

The Colonial Treasurer seconded.

Question-put and agreed to.

MOTIONS.

4. Po Leung Kuk Incorporation Amendment Bill.--The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to amend the Po Leung Kuk Incorporation Ordinance, 1893.'

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

5. Chinese Temples Amendment Bill.-The Attorney General addressed the Council. and moved the First reading of a Bill intituled "An Ordinance to amend the Chinese Temples Ordinance, 1928."

The Colonial Secretary seconded.

Question--put and agreed to.

Bill read a first time.

6. Foreshores and Sea Bed Amendment Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to amend the Foreshores and Sea Bed Ordinance, 1901."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

7. Estate Duty Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to amend and consolidate the law relating to Estate Duty."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

The Attorney General moved that the Bill be referred to the Standing Law

Committee.

The Colonial Secretary seconded.

Question-put and agreed to.

8. Juvenile Offenders Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to make provision for Proceedings in reference to Juvenile Offenders."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

190

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932.

9. Police Force Amendment Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to amend the Police Force Ordinance, 1900."

The Colonial Secretary seconded. Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

ADJOURNMENT.

10. The Council then adjourned until Thursday, the 25th day of February, 1932, at

2.30 p.m.

Confirmed this 25th day of February, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

W. PEEL,

Governor.

No. 121. His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the KING, to the following Ordinances passed by the Legislative Council :-

Ordinance No. 3 of 1932.-An Ordinance to amend and consolidate the law

relating to Estate Duty.

Ordinance No. 4 of 1932.-An Ordinance to amend the Po Leung Kuk Incor-

poration Ordinance, 1893.

Ordinance No. 5 of 1932.-An Ordinance to amend the Chinese Temples Ordin-

ance, 1928.

190

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932.

9. Police Force Amendment Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to amend the Police Force Ordinance, 1900."

The Colonial Secretary seconded. Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

ADJOURNMENT.

10. The Council then adjourned until Thursday, the 25th day of February, 1932, at

2.30 p.m.

Confirmed this 25th day of February, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

W. PEEL,

Governor.

No. 121. His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the KING, to the following Ordinances passed by the Legislative Council :-

Ordinance No. 3 of 1932.-An Ordinance to amend and consolidate the law

relating to Estate Duty.

Ordinance No. 4 of 1932.-An Ordinance to amend the Po Leung Kuk Incor-

poration Ordinance, 1893.

Ordinance No. 5 of 1932.-An Ordinance to amend the Chinese Temples Ordin-

ance, 1928.

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932.

HONG KONG

191

No. 3 OF 1932.

I assent.

W. PEEL,

L.S.

Governor.

26th February, 1932.

An Ordinance to amend and consolidate the law

relating to Estate Duty.

[26th February, 1932.]

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance shall be cited as the Estate Duty Short Ordinance, 1932.

title.

2. This Ordinance shall apply in the case of Applica- every deceased person dying or who shall have died tion, on or after the first day of January, 1916; and it shall also apply in the case of every deceased person who shall have died before that date if representation to his estate has not been applied for before the second day of May, 1921.

3. (1) In this Ordinance,

Interpreta- tion.

"Account" means an account of the 57 & 58 Vict. particulars and value of the estate of a deceased c. 30, s. person in such form as may be prescribed by 22 (1). the Governor in Council and verified by Account. affidavit.

"Affidavit for the Commissioner" means Affidavit an affidavit in such form as may be prescribed for the by the Governor in Council verifying the Commis- particulars and value of the estate of a deceased sioner. person.

"Applicable Schedule" in the case of Applicable persons dying before the twenty-seventh day of Schedule. February, 1931, means the Second Schedule to this Ordinance; and in the case of persons dying thereafter it means the First Schedule to this Ordinance.

"Commissioner" means the Treasurer or Com- such other person as the Governor may missioner. appoint as Commissioner for the purpose of this Ordinance, and includes any person appointed by the Governor to be Deputy Commissioner of Estate Duty.

"Estate" includes all property passing or Estate. deemed to pass on the death of any person which is liable to estate duty.

"Estate duty" means estate duty under Estate duty. this Ordinance.

"Executor" means the executor or ad- Executor. ministrator of a deceased person and includes, as regards any obligation under this Ordinance,

192

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932.

Incum- brances.

Interest in expectancy.

Prescribed.

Property.

Property passing on the death.

Settle- ment.

57 & 58 Vict c. 30, s. 22 (2).

Estate Duty 57 & 58 Vict. c. 30, s. 1.

Schedules.

9 & 10 Geo. 5, c. 32,

s. 29.

any person who takes possession of or inter- meddles with the property of a deceased person or any portion thereof.

"Incumbrances" includes mortgages and terminable charges.

"Interest in expectancy" includes an estate in remainder or reversion and every future interest whether vested or contingent, but does not include a reversion expectant upon the determination of leases.

"Prescribed" unless otherwise stated means prescribed by the Governor in Council under this Ordinance.

"Property" includes movable and immov- able property and the proceeds of sale thereof respectively and any money or investment for the time being representing the proceeds of sale.

"Property passing on the death" includes property passing either immediately on the death or after any interval, and either certainly or contingently, and either originally or by way of substitutive limitation, and "on the death' includes "at a period ascertainable cnly by reference to the death".

"Settlement" means any non-testamentary disposition in writing, whether made voluntarily or upon a good or valuable consideration other than a bona fide pecuniary consideration, where- by any definite and certain property is settled or agreed to be settled in any manner for any purpose whatsoever.

(2) For the purposes of this Ordinance,- A person shall be deemed competent to dispose of property if he has such an estate or interest therein or such general power as would, if he were sui juris, enable him to dispose of the property; and "general power" includes every power or authority enabling the donee or other holder thereof to appoint or dispose of property as he thinks fit, whether exerciseable by instrument inter vivos or by will, or both, but exclusive of any power exerciseable either in a fiduciary capacity under a disposition not made by himself or as mortgagee.

A disposition taking effect out of the interest the deceased person shall be deemed to have been made by him, whether the concurrence of any other person was or was not required.

Money which a person has a general power to charge on property shall be deemed to be property of which he has power to dispose.

4. In the case of every deceased person there shall, save as hereinafter expressly provided, be levied and paid upon the principal value, ascertained as herein- after provided, of all property passing on the death of such person, a stamp duty called estate duty at the graduated rates mentioned in the applicable Schedule. Provided that, where the principal value of an estate comprises a fraction of one hundred dollars, such fraction shall, for the purpose of determining the amount of estate duty payable, be reckoned as one hundred dollars.

Provided also that where an interest in expectancy in any property has, before the twenty-seventh day of February, 1931, been bonâ fide sold or mortgaged for full consideration in money or money's worth, then no higher duty on that property shall be payable by the purchaser or mortgagee when the interests falls into possession than is in accordance with the rates

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932. 193

mentioned in the Second Schedule, and in the case

of a mortgage any higher duty payable by the mortgagor shall rank as a charge subsequent to that of the mortgagee.

5.-(1) Property passing on the death of the What pro- deceased shall be deemed to include the property perty is following:-

(a) property of which the deceased was at the time of his death competent to dispose;

deemed to

pass on death.

57 & 58 Vict. c. 30, s. 2 (1).

(b) property in which the deceased or any 63 Vict.

other person had an interest ceasing on c. 7, s. 11; the death of the deceased, to the extent 10 Edw. 7, to which a benefit accrues or arises by the c. 8, s. 59. cesser of such interest, and such property shall be deemed to pass on the death of the deceased notwithstanding that that estate or interest has been surrendered, assured, divested or otherwise disposed of, whether for value or not, to or for the benefit of any person entitled to an estate or interest in remainder or reversion in such property, unless that surrender, assurance, divesting or disposition was bona fide made or effected three years before the death of the deceased, and bona fide possession and enjoyment of the property was assumed thereunder immediately upon the surrender, assurance, divesting or disposition, and thenceforward retained to the entire exclu- sion of the person who had the estate or in- terest limited to cease as aforesaid, and of any benefit to him by contract or otherwise : Provided that where property affected by such a surrender, assurance, divesting or disposition is deemed to be property passing on the death of the deceased by reason only that the property was not, as from the date of the surrender, assurance, divesting or disposition, retained to the entire exclusion of the deceased or a person who had an estate or interest limited to cease on the death of the deceased, and of any benefit to him by contract or otherwise, the property shall not be deemed to pass on the death of the deceased if subsequently. by means of the surrender of the benefit reserved or otherwise, it is enjoyed to the entire exclusion of the deceased or such other person as aforesaid, and of any benefit to him by contract or otherwise, for a period of three years immediately preceding the death of the deceased: Provided also that this paragraph shall not apply to any property the interest in which of the deceased or other person was only an interest as holder of an office or as recipient. of the benefits of a charity or as a corpora- tion sole;

made by the deceased or taken under a

　　　　　　　　　　　c. 12, disposition made by him, purporting to s. 38 (2); operate as an immediate gift inter vivos, 52 & 53 Vict. whether by way of transfer, delivery, dec- c. 7, s. 11; laration of trust, or otherwise, which shall 57 & 58 Vict. not have been bonâ fide made three years s. 2 (1);

　　　　　　　　　　　c. 30, before his death, or taken under any gift, 10 Edw. 7. whenever made, of which property bona fide c. 8, s. 59. possession and enjoyment shall not have been assumed by the donee immediately upon the gift and thenceforward retained to the entire exclusion of the donor or of any benefit to him by contract or otherwise Provided that this paragraph shall not apply

194 THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932.

44 & 45 Vict. c. 12,

s. 38 (2);

52 & 53 Vict.

c. 7, s. 11;

57 & 58 Vict. c. 30,

s. 2 (1).

44 & 45 Vict. c. 12,

s. 38 (2);

52 & 53 Vict.

c. 7, s. 11;

57 & 58 Vict. c. 30,

s. 2 (1).

57 & 58 Vict, c. 30,

s. 2 (1).

25 & 26 Vict, c. 22, s. 39.

Trust pro- perty.

57 & 58 Vict. c. 30,

s. 2 (3);

10 Edw. 7, c. 8, s. 59.

to gifts inter vivos which are made in consideration of marriage, or which are proved to the satisfaction of the Com- missioner to have been part of the normal expenditure of the deceased, and to have been reasonable having regard to the amount of his income or to the circumstances, or which in the case of any donee do not exceed in the aggregate one thousand dollars in value or amount; Provided also that where property taken under a disposition purporting to act as an immediate gift inter vivos is deemed to be property passing on the death of the deceased by reason only that the property was not, as from the date of the disposition, retained to the entire exclusion of the deceased or a person who had an estate or interest limited to cease on the death of the deceased, and of any benefit to him by contract or otherwise, the property shall not be deemed to pass on the death of the deceased if subsequently, by means of the surrender of the benefit reserved or otherwise, it is enjoyed to the entire exclusion of the deceased or such other person as aforesaid, and of any benefit to him by contract or otherwise, for a period of three years immediately preceding the death of the deceased;

(d) property to which the deceased has been absolutely entitled, and which he has caused to be transferred to or vested in himself and any other person jointly, whether by disposition or otherwise (including also any purchase or investment effected by the deceased either by himself alone, or in concert, or by arrangement with any other person), so that the beneficial interest there- in or in some part thereof passes or accrues by survivorship on his death to such other

person;

(e) property passing under any past or future settlement made by the deceased by deed or any other instrument not taking effect as a will, whereby an interest in such pro- perty or the proceeds of sale thereof, for life or any other period determinable by reference to death is reserved, either ex- pressly or by implication, to the settlor, or whereby the settlor may have reserved to himself the right by the exercise of any power to restore to himself, or to reclaim the absolute interest in such property or the proceeds of sale thereof;

(f) any annuity or other interest purchased or provided by the deceased either by him- self alone or in concert or by arrange- ment with any other person, to the extent of the beneficial interest accruing or arising by survivorship or otherwise on the death of the deceased; and

(g) debts and sums of money due and owing from persons in the Colony to any deceased person at the time of his death on obligation or other specialty, to the same extent as if they were owing to the deceased upon simple contract, without regard to the place where the obligation or specialty shall be at the time of the death of the deceased.

(2) Property passing on the death of the deceased shall not be deemed to include property held by the deceased as trustee for another person, under a dis- position not made by the deceased or under a disposition made by the deceased more than three years before his death where possession and enjoy- ment of the property was bona fide assumed by the

→

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932. 195

beneficiary immediately upon the creation of the trust and thenceforward retained to the entire exclusion of the deceased or of any benefit to him by contract or otherwise: Provided that where property taken under such a disposition as aforesaid is deemed to be pro- perty passing on the death of the deceased by reason only that the property was not, as from the date of the disposition, retained to the entire exclusion of the deceased or a person who had an estate or interest limited to cease on the death of the deceased, and of any benefit to him by contract or otherwise, the property shall not be deemed to pass on the death of the deceased if subsequently, by means of the surrender of the benefit reserved or otherwise, it is enjoyed to the entire exclusion of the deceased or such other person as aforesaid and of any benefit to him by contract or otherwise, for a period of three years immediately preceding the death of the deceased.

(3) Where property is settled by a person on himself Exception for life, and after his death on any other person with to passing an ultimate reversion of an absolute interest or absolute of pro- power of disposition to the settlor, the property shali perty on enlarge- not be deemed for the purpose of this Ordinance to ment of pass to the settlor on the death of any such other interest of person after the commencement of this Ordinance, by reason only that the settlor, being then in possession of the property as tenant for life, becomes, in con- sequence of such death, entitled to dispose of the whole property.

settlor. 59 & 60 Vict c. 28, s. 14.

59 & 60 Vict. c. 28, s. 15.

(4) (a) Where by a disposition of any property an Reverter of interest is conferred on any person other than the property to disponer for the life of such person or determinable on disponer. his death, and such person enters into possession of the interest and thenceforward retains possession thereof to the entire exclusion of the disponer or of any benefit to him by contract or otherwise, and the only benefit which the disponer retains in the said property is subject to such life or determinable interest, and no other interest is created by the said disposition, then, on the death of such person the property shall not be deemed for the purposes of this Ordinance to pass by reason only of its reverter to the disponer in his lifetime.

(b) Where by a disposition of any property any such interest as above in this sub-section mentioned is conferred on two or more persons, either severally or jointly, or in succession, this sub-section shall apply in like manner as where the interest is conferred on one person.

(c) Provided that paragraphs (a) and (b) shall not apply where such person or persons taking the said life or determinable interest had at any time prior to the disposition been himself or themselves com- petent to dispose of the said property.

6. Estate duty shall not be payable in respect of--

Exceptions for transac-

sideration,

(1) property passing on the death of the deceased tions for by reason only of a bona fide purchase from the money con person under whose disposition the property passes property nor in respect of the determination of any annuity situate out- for lives where such purchase was made or such side the annuity granted for full consideration in money or Colony, money's worth paid to the vendor or grantor for his own use or benefit. Where any such purchase was registers made, or annuity granted for partial consideration in and certain money or money's worth paid to the vendor or land in the grantor for his own use or benefit, the value of the New Terri-

shares on local

consideration shall be allowed as a deduction from 57 & 58 Viet.

tories. the value of the property for the purpose of estate c. 30, s. 3. duty;

(2) property situate outside the Colony;

196

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932.

Ordinance No. 58 of 1911, s. 35 (8) (b).

Ordinance

No. 34 of 1910.

Aggregation

of property

to form one estate for purpose of estate duty. 57 & 58 Vict. c. 30, s. 4.

Payment of estate duty. 57 & 58 Vict. c. 30, s. 6. Mode of payment.

Provision

values.

(3) any share or other interest of a deceased mem- ber of a company registered in a local register under the Companies Ordinance, 1911;

(4) any land situated in the New Territories in respect of which a successor has been registered by the Land Oflicer under the first clause of section 29 of the New Territories Regulation Ordinance, 1910; Provided that this exception shall not apply to any land which forms part of an estate of which probate or letters of administration have been granted by the Supreme Court.

(5) Any share or other interest of a deceased member of a China company, as defined by the Com- panies Ordinances 1911, and 1925 in such company.

7. For determining the rate of estate duty to be paid on any property passing on the death of the deceased, all property so passing in respect of which estate duty is payable shall be aggregated so as to form one estate.

8.-(1) Estate duty shall be payable as hereinafter mentioned.

(2) The executor of the deceased shall pay the estate duty in respect of all property, of which the deceased was competent to dispose at the date of his death, on delivering the affidavit for the Com- missioner, by stamps affixed thereon, and may pay in like manner the estate duty in respect of any other property passing on such death, which by virtue of any testamentary disposition of the deceased is under the control of the executor, or, in the case of property not under his control, if the persons ac- countable for the estate duty in respect thereof request him to make such payment.

(3) Where the executor does not know the amount for unknown or value of any property which has passed on the death, he may state in the affidavit for the Com- missioner that such property exists, but that he does not know the amount or value thereof and that he undertakes as soon as the amount and value are ascertained to bring in an account thereof and to pay both the estate duty for which he is or may be liable and any further estate duty payable by reason there- of for which he is or may be liable in respect of the other property mentioned in the affidavit.

Collection

than executor.

(4) Estate duty so far as not paid by the executor from others shall be paid by stamps affixed to an account setting forth the particulars of the property and delivered to the Commissioner within six months after the death, by the person accountable for the estate duty; or within such further time as the Commissioner may allow. Such duty shall be paid on delivering the

Estate in- cludes

accrued

income.

Interest

payable on estate duty.

Date wher duty shall become

due.

account.

(5) Every estate shall include all income accrued upon the property included therein down to and outstanding at the date of the death of the deceased.

(6) Interest at the rate of four per cent. per annum on the estate duty shall be paid from the date of the death up to the date of the delivery of the affidavit or account, or the expiration of six months after the death, whichever first happens, and subject as aforesaid interest at the rate of eight per cent. per annum for the period during which it remains unpaid shall accrue on the estate duty payable.

(7) The estate duty which is to be collected upon an affidavit for the Commissioner or on an account, shall be due on the delivery thereof or on the expira- tion of six months from the death, whichever first happens.

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932. 197

9.-(1) In determining the value of an estate for Allowance the purpose of estate duty, allowance shall be made for debts for reasonable funeral expenses incurred in the Colony and funeral not exceeding one thousand dollars or two and a half expenses.

　　　　　　　　　　　　　　　　　　　　　　　　　　　57 & 58 Vict. per cent. of the ascertained value of the estate, which- c. 30 s. ever is the smaller, and for debts and incumbrances, 7 (1). but an allowance shall not be made-

(a) for debts incurred by the deceased and in- cumbrances created by a disposition made by the deceased, unless such debts incumbrances were incurred or created bonâ

fide for full consideration for money or money's worth wholly for the deceased's own use and benefit and take effect out of his interest; nor

(b) for any debt in respect whereof there is a right to reimbursement from any other estate or person unless such reimbursement cannot be obtained; nor

of the estate;

and any debt or incumbrance for which an allowance is made shall be deducted from the value of the property liable thereto.

from value

(2) Where a debt or incumbrance has been incurred Limitation or created in whole or in part for the purpose of or on debts in consideration for the purchase or acquisition or deductible extinction, whether by operation of law or otherwise, of estate. of any interest in expectancy in any property passing 10 Edw. 7, or deemed to pass on the death of a deccased person, c. 8, s. 57. and any person whose interest in expectancy is so purchased, acquired, or extinguished becomes (under any disposition made by, or through devolution of law from, or under the intestacy of, the deceased) entitled to any interest in that property, then in determining the value of the estate of the deceased for the purpose of estate duty no allowance shall be made in respect of such debt or incumbrance, and any property charged with any such debt or incumbrance shall be deemed to pass freed from that debt or incumbrance:

Provided that:

(a) if part only of such debt or incumbrance was incurred or created for such purpose or as such consideration as aforesaid, this pro- vision shall apply to that part of such debt or incumbrance only; and

(b) if a person whose interest in expectancy in the property so purchased, acquired, or ex- tinguished becomes entitled to an interest in part only of that property, this provision shall apply only to such part of the debt or incumbrance as bears the same proportion to the whole debt or incumbrance as the value of the part of the property to an interest in which he becomes entitled bears to the value of the whole of that property.

(3) No allowance shall be made for debts due from the deceased, other than debts contracted in the Colony to persons ordinarily resident therein, unless charged on property situate within the Colony.

(4) (a) The principal value of any property shall Value of be estimated to be the price which, in the opinion of property. the Commissioner, such property would fetch if sold 57 & 58 Vict. in the open market at the time of the death of the 7 (5).

　　　　　　　　　　　　　　　　　　　　　　　c. 30 s. deceased

10 Edw. 7, c. 8, s. 60.

198

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932.

Interest in

expectancy.

57 & 58 Vict. c. 30 s. 7 (6).

Benefit

(b) In estimating such principal value the Commis- sioner shall not make any reduction in the estimate on account of the estimate being made on the assumption that the whole property is to be placed on the market at one and the same time: Provided that where it is proved to the Commissioner that the value of the property has been depreciated by the reason of the death of the deceased the Commissioner in fixing the price shall take such depreciation into account.

(5) When an estate includes an interest in ex- pectancy, estate duty in respect of that interest shall be paid, at the option of the person accountable for the estate duty, either with the duty in respect of the rest of the estate or when the interest falls into possession, and if the duty is not paid with the estate duty in respect of the rest of the estate, then-

(a) for the purpose of determining the rate of estate duty in respect of the rest of the estate the value of the interest shall be its value at the date of the death of the deceased; and

(b) the rate of estate duty in respect of the interest when it falls into possession shall be calculated according to its value when it falls into possession, together with the value of the rest of the estate as previously ascertained.

(6) The value of the benefit accruing or arising from arising from the cesser of an interest ceasing on the death of the

cesser of an

interest.

57 & 58 Vict.

c. 30, s.

7 (7).

Ascertain-

ment of value

of estate duty.

57 & 58 Vict. c. 30, s. 7 (8).

Com-

missioner

to pay costs of valua-

tion by his nominee.

57 & 58 Vict. c. 30, s. 7 (9).

Recovery of estate duty, etc. Ordinance No. 6 of 1875.

deceased shall,

(a) if the interest extended to the whole income of the property, be the principal value of that property; and

(b) if the interest extended to less than the whole income of the property, be the prin- cipal value of an addition to the property equal to the income to which the interest extended.

(7) The value of any property for the purpose of estate duty shall be ascertained by the Commissioner in such manner and by such means as he thinks fit, and, if he authorises any person to inspect any pro- perty and to report to him the value thereof for the purposes of this Ordinance, the person having the custody or possession of that property shall permit the person so authorised to inspect it at such reason- able times as the Commissioner considers necessary.

(8) When the Commissioner requires a valuation to be made by a person named by him, the reasonable costs of such valuation shall be defrayed by the Commissioner.

10. (1) The Commissioner shall have, in respect of proceedings for the recovery of estate duty and of interest thereon and of any fine, penalty or forfeiture provided by this Ordinance, all the powers that are given to the Treasurer by the Crown Remedies Ordin- ance, 1875, in respect of rent, assessment for rates, fees and forfeitures payable to the Crown; and the certificate required by the Crown Remedies Ordinance. 1875, shall in the case of any such proceedings be signed by the Commissioner and shall be in such form as the Governor in Council shall prescribe: Provided that nothing in this section shall affect

　　　　　　　　　　any other remedy for the recovery of any such duty, interest, fine, penalty or forfeiture as aforesaid.

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932. 199

(2) In any proceedings for the recovery of any such Service. duty, interest, fine, penalty or forfeiture in respect of Exchequer

　　　　　　　　　　　　　　　　　　　　　　　Rules, any property passing on the death of any person on er 1860, r, 3. after the first day of January, 1916, it shall not be necessary to issue concurrent writs, informations Ꮭ other process.

Service of the writ, information or other process shall, where practicable, be personal; but the order of a judge may be obtained, under special circumstances, to dispense with persona! service and giving directions as to substituted service or as to notice of the proceedings and time for ap- pearance whether by posting copies to addresses with- in or without the jurisdiction or otherwise as in the circumstances may seem just.

(3) In any such proceedings the court shall have Fower to jurisdiction to appoint a receiver of the property and appoint the rents and profits thereof and to order a sale of the receiver.

　　　　　　　　　　　　　　　　　　　　　　　　　　　57 & 58 Vict. property. The provisions of section 589 of the Code of Civil Procedure shall apply in the case of any order ". made under this sub-section.

50.

8 (13). Ordinance No. 3 of 1901.

(4) Every executor shall, to the best of his know Delivery of ledge and belief, specify in appropriate accounts accounts of annexed to an affidavit for the Commissioner all the property.

　　　　　　　　　　　　　　　　　　　　　　　　　　　57 & 58 Vict. property in respect of which estate duty is payable c. 30. upon the death of the deceased, and also (unless s. 8 (3). exempted in writing by the Commissioner) any property of which the deceased was a trustee for another person, and shall be accountable for the estate duty in respect of all property, of which the deceased was competent to dispose at his death, but shall not be liable for any duty in excess of the assets which he has received as executor or might but for his own neglect or default have received.

(5) Where property passes on the death of the Beneficiaries deceased and his executor is not accountable for the and trustees estate duty in respect of such property, every person accountable to whom any property so passes for

for estate any beneficial interest in possession, and also to the extent of the 57 & 58 Vict.

duty. property actually received or disposed of by him, . 30. every trustee, guardian, committee or other person s. 8 (4). in whom any interest in the property so passing or the management thereof is at any time vested, and every person in whom the same is vested in possession by alienation or other derivative title, shall be accountable for the estate duty on the property, and shall, within the time required by this Ordinance or such later time as the Commissioner allows, deliver to the Commissioner an appropriate account specifying the property in question to the best of his knowledge and belief: Provided that nothing in this section shall render a person accountable for duty who acts merely as agent for another person in the management of property.

8 (5)

(6) The Commissioner may summon before him any Powers of person accountable for estate duty, and any person inquiry. whom the Commissioner believes to have taken 57 & 58 Viet. possession of or administered any part of the estate c. 30, s in respect of which estate duty is leviable on the death of the deceased, or of the income of any part of such estate, and any person whom the Com- missioner believes to be indebted to the deceased, nd any person whom the Commissioner believes to be capable of giving information as to such estate and may examine such person and may require any such person to produce any documents in his custody or power the inspection whereof may tend to secure the payment of any duty under this Ordinance or the proof or discovery of any fraud or omission relation to any such duty. Any such person shall

200

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 20, 1032

Protection

of bona fide purchaser without notice.

57 & 58 Vict.

c. 30, s.

8 (18).

Affidavits

to be

delivered

to the

Commis-

at all reasonable times permit any person thereunto authorised by the Commissioner to inspect all such documents as aforesaid and to make such notes copies or extracts thereof or therefrom as he may deen necessary without fee or reward. The Commissioner may also require any such person to deliver to him and verify on oath a statement in writing of such particulars.

(7) Nothing in this section shall render a bonâ fide purchaser for valuable consideration without notice liable to or accountable for estate duty.

(8) All affidavits and accounts required under and accounts this section shall be delivered to the Commissioner. who shall make such inquiry respecting the contents of, or the particulars verified by, such affidavit or accounts and the value of the various properties included therein as he thinks necessary, and the person making or tendering any such affidavit shall attend at the office of the Commissioner, whenever required by him, and shall furnish and produce such explanations and documentary or other evidence as the Commissioner may require.

sioner.

Final ascer- tainment of amount of

estate duty.

Repayment

of excess duty.

57 & 58 Viet. c. 30, s.

8 12).

Duty to disclose liability

to further esiate duty.

Power to require disclosure of liability to further

estate duty.

Power to remit interest on estate duty

Ponalties for breach of foregoing jerovisions. 57 & 58 Vict.

c. 30, s. $461.

(9) When the Commissioner has ascertained the amount of estate duty payable in respect of any accounts delivered to him in pursuance of this Ordin- ance he shall notify the accountable person of his decision by means of a certificate in the prescribed form. If such amount exceeds the amount of estate duty already paid in respect of the said accounts the accountable person shall forthwith pay the excess the Commissioner.

(10) In every case in which the Commissioner is satisfied that too much estate duty has been paid the excess shall be repaid by him.

(11) Where the accountable person discovers that for any reason too little estate duty has been paid he shall forthwith deliver to the Commissioner & further account, verified by oath, and shall at the same time pay the difference between the estate duty chargeable according to the true value of the estate and the estate duty already paid.

(12) Where the Commissioner discovers that any property which ought to have been disclosed by affidavit or account has not been so disclosed he shall notify the accountable person and call upon him to disclose such property and pay the estate duty thereon, and the accountable person shall, within one month of the giving of such notice by the Com- missioner, deliver an original or a further account, as the case may require, disclosing such property, and shall at the same time pay the estate duty thereou.

(13) The Commissioner may remit the interest payable on estate duty where the amount of such interest is in his opinion so small as not to repay the expense and labour of calculation and account,

(14) Every person who shall have been called upon after the lapse of one year from the death for an original account, or at any time for a further account, under sub-section (12) and every person who withou lawful authority or reasonable excuse fails to comply with any of the provisions of this section shall be liable to pay to the Commissioner. in addition to the estate

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932

duty (if any), a penalty of one thousand dollars, or a penalty equal to the amount of the estate duty (if any) at the rate set out in the applicable Schedule remaining unpaid for which he is accountable, ac- cording as the Commissioner elects.

11.-(1) No probate or letters of administration Probate mob shall be issued by the court until the Commissioner to be issued shall have certified in writing that the estate duty until estate payable in respect of the estate has been paid or that duty paid. he has allowed payment thereof to be postponed under sub-sections (2) and (3).

ascertained

(2) When the affidavit for the Commissioner con- When valus tains the statement and undertaking specified it cannot be section 8 (3), the Commissioner may allow payment immediately of the whole or any part of the estate duty to be postponed until after the issue of probate or letters of administration upon condition that a further and complete affidavit shall be filed and the proper estate duty paid thereon as soon as the full value of the estate has been ascertained and the Commissioner may require the person applying for such probate or letters of administration to enter into a bond with or without sureties in such an amount as he shall think fit to secure the filing of such affidavit as aforesaid and the payment of the proper estate duty thereon within such time as shall be named in such bond Such bond may be in the prescribed form.

(3) Where the Commissioner is satisfied that the Deferred estate duty leviable in respect of any property cannot payment. without excessive sacrifice be raised at once, he

57 & 58 Vict. may

　　　　　　　　　　　　　　　　　　　　　　　　c. 30, s. allow payment to be postponed for such period, to g such extent and on payment of such interest not exceeding eight per cent, per annum or any higher interest yielded by the property, and on such ternus as the Commissioner may think fit.

44) Where the Commissioner allows payment to be postponed under sub-section (2), he may reduce or renit any interest payable.

12.-(1) in every case where any

　　　　　　　　　　　　　　account is Increase of delivered after the lapse of twelve months from the estate duty death the estate duty shall be charged at three times when delay

　　　　　　　　　　　　　　　　　　　　　　　　in lodging the rates set out in the applicable Schedule; unless affidavit. the person accountable for the estate duty proves to the satisfaction of the Commissioner that he has used all reasonable diligence to ascertain the estate of the deceased and could not reasonably have ascertained it earlier, and having ascertained it has used all reasonable diligence to deliver an account and to pay the estate duty thereon: Provided that in any case in which, before the delivery of the account, a grant of probate or of letters of administration or its equivalent had been obtained from a competent court outside the Colony, the period shall be eighteen. months from the death instead of one year.

(2) For the purposes of this section no account shah be deemed to have been delivered until the duty which' reasonably appears to be payable in respect thereof has been paid, unless the Commissioner shall have allowed payment of the estate duty in respect of the said account to be postponed.

shares.

13. (1) Every executor, within one your after Duty of obtaining probate or letters of administration to the Executor estate of a deceased person and before selling or as to otherwise disposing of any shares in any company, unregistered registered under or incorporated by any Ordinance of this Colony, of which shares the deceased person was at the date of his death the beneficial owner under a transfer in blank and not the registered owner, shall cause such shares to be transferred on the registers of the appropriate companies into the name of the deceased, who shall then be deemed to have been so registered at the time of his death.

201

202

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932.

Charge of estate duty on property,

57 & 58 Vict. 30, s. 9.

Reimburse-

ment of executor.

Raising estate duty by sale

mortgage or terminable charge.

Payment by limited

owner.

Payment of duty out of "capital money".

Appropria- tion of estate duty. 57 & 58 Vict. c. 30, s. 14.

Disputes.

Parties

bound by accounts as settled.

uny-

(2) Every such company, notwithstanding thing in any enactment or in its constitution, memo- randum, articles or regulations to the contrary, shall effect registration on payment of the usual registration charges (if any) and in default shall be liable on summary conviction to a fine not exceeding thousand dollars.

one

(3) Every executor who without reasonable exeuse omits to get any such shares as aforesaid registered within the time limit aforesaid shall be liable to pay to the Commissioner in addition to the estate duty (if any) a penalty of one thousand dollars, or, at the option of the Commissioner, a penalty equal to the amount of the estate duty (if any) at the rate set out in the applicable Schedule.

14.-(1) A rateable part of the estate duty on an estate, in proportion to the value of any property which does not pass to the executor as such, shall be a first charge on the property in respect of which estate duty is leviable: Provided that the property shall not be so chargeable as against a bonâ fide purchaser thereof for valuable consideration without notice.

(2) If the rateable part of the estate duty in respect of any property is paid by the executor, it shall where occasion requires be repaid to him by the trustees or owners of the property.

(3) A person authorised or required to pay the estate duty in respect of any property shall, for the purpose of paying the estate duty or raising the amount of the estate duty when already paid, have power, whether the property is or is not vested in him, to raise the amount of such estate duty and any interest and expenses properly paid or incurred by him in respect thereof by the sale or mortgage or a terminable charge on that property or any part there- of.

(4) A person having a limited interest in any property who pays the estate duty in respect of that property shall be entitled to the like charge as if the estate duty in respect of that property had been raised by means of a mortgage to him.

(5) Any money arising from the sale of property comprised in a settlement or held upon trust to lay out upon the trusts of a settlement may be expended in paying any estate duty in respect of property com- prised in the settlement and held upon the same

trusts.

15.-(1) In the case of property which does not pass to the executor as such, an amount equal to the proper rateable part of the estate duty may be re- covered by the person, who being authorised required to pay the estate duty in respect of any property has paid such duty, from the person entitled to any sum charged on such property (whether as capital or as an annuity or otherwise) under a dis- position not containing any express provision to the contrary.

(2) Any dispute as to the proportion of estate duty to be borne by any property or person may be deter- mined upon application by way of summons in the Supreme Court, and where the amount claimed does not exceed one thousand dollars such application shall be made to the Supreme Court in its summary jurisdiction.

(3) Any party from whom a rateable part of estate duty can be recovered under this section shall be bound by the accounts and valuations as settled between the person entitled to recover the same and the Commissioner.

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932.

16. The Governor in Council may remit the pay- Remission ment of any estate duty or may order a refund of the and refund- whole or any portion of any.estate duty which may ing of estate have been paid to the Commissioner, for the remission duty on or refund of which any equitable claim is proved to certain

his satisfaction.

grounds.

ed.

17.-(1) Any person aggrieved by the decision of Appeal to the Commissioner with respect to the amount of estate Supreme duty payable ou an affidavit or account or with

Court on respect

payment of to the repayment of any excess duty or to any claim or giving for additional duty by the Commissioner, and whether security for he is aggrieved on the ground of the value of any duty claim- property or the rate charged or otherwise, may, ou payment of, or giving security for, as hereinafter 57 & 58 Viet. inentioned, the duty claimed by the Commissioner or c. 30, s. 10. such portion of it as is then payable by him, appeal to the Supreme Court within three months from the date of the decision and the amount of the duty shall be determined by the Supreme Court and if the duty is less than that paid to the Commissioner the excess shall be repaid. Where the value as alleged by the Commissioner of the property in respect of which the dispute arises does not exceed $100,000, the appeal under this section shall be to the Supreme Court in its summary jurisdiction.

(2) No appeal shall be allowed from any order, No appeal direction, determination or decision of the Supreme from decision Court under any appeal under this section except with of Supreme the leave of the Supreme Court or of the Full Court. Court

without leave.

(3) The costs of the appeal shall be in the discretion Costs of of the court, and the court, where it appears to the appeals. court just, may order the Commissioner to pay on any Interest excess of duty repaid by him interest at such rate on excess per cent. per annum and for such period as appears repaid. to the court just.

(1) Provided that the Supreme Court if satisfied Payment that it would impose hardship to require the appellant of duty 78 a condition of the appeal to pay the whole or, as before appeal the case may be, any part of the duty claimed by the may be Comunissioner or of such portion of it as is then

dispensed with. payable by him, may allow an appeal to be brought on payment of no duty or of such part only of the duty as to the court seems reasonable and on security to the satisfaction of the court being given for the duty or so much of the duty as is not paid, but in sucu case the court may order interest at such rate per cent, per annum as appears to the court just to he paid on the unpaid duty so far as it becomes payable under the decision of the court.

18.-(1) A schedule under the hand of the Com- Schedule "í missioner of all the property passing on the death of property to a deceased person upon which estate duty has been be annexed paid or is payable on the death, and of all the property to probate. of a deceased person which, being trust property, is exempt from duty on the death shall be annexed to the probate or letters of administration, and any person who, without lawful authority or reasonable excuse, in any way deals with any estate of the deceased or any property held by the deceased in trust, which is not set out in such schedule, shall be iable to a penalty of one thousand dollars, or to a penalty equal to three times the amount of the estate duty at the rate set out in the applicable Schedule to this Ordinance payable upon the estate so dealt with, at the election of the Commissioner. Provided that the disclosure of any trust relating to property in any such schedule shall not constitute notice of the trust as against any purchaser or mortgagee for valuable consideration.

203

204

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932.

Penalties for inter- meddling.

(2) Whenever a further affidavit is delivered, the probate or letters of administration in respect of which such affidavit is delivered shall be lodged with the Commissioner who shall insert in the schedule parti- culars of the additional property set out in the said affidavit.

19.--(1) Every person who, being neither the executor appointed by the will of the deceased nor (in the ease of an intestacy) the person entitled in priority to the administration of the estate of the deccased, without lawful authority or excuse or with- out first delivering to the Commissioner accounts of the estate of the deceased as required by section 10 of this Ordinance, takes possession of or in any way adimmisters any part of the estate of a deceased person, or any part of the income of any part of such estate, shall be liable to a penalty of one thousand dollars and shall also be liable to a further penalty equal to three times the amount of the estate duty at the rate set out in the applicable Schedule payable upon the whole estate of the deceased.

(2) Every person who, being the executor appointed by the will of the deceased or (in the case of an intestacy) the person entitled in priority to the ad- ministration of the estate of the deceased, takes possession of or in any way administers any part of the estate of a deceased person or any part of the income of any part of such estate, within six months of the death of the deceased, and fails within the said period of six months to deliver to the Com- missioner accounts of the estate of the deceased as required by section 10 of this Ordinance, shall be liable to a penalty of one thousand dollars, and shail also be liable to a further penalty equal to three times the amount of the estate duty at the rate set out in the applicable Schedule payable upon the whole estate of the deceased,

(3) Every person who, being the executor appointed by the will of the deceased or (in the case of an intestacy) the person entitled in priority to the ad- ministration of the estate of the deceased, takes possession of or in any way administers any part of the estate of a deceased person, or any part income of any part of such estate, after the expiration of six months from the death of the deceased, without first delivering to the Commissioner accounts of the estate of the deceased as required by section 10 of this Ordinance, shall be liable to a penalty of one thousand dollars and shall also be liable to a further penalty equal to three times the amount of estate duty at the rate set out in the applicable Schedule payable on the whole estate of the deceased.

(1) The Commissioner shall have power to allow in writing the use of any specified part of the estate of a deceased person, or of any specified part of the income of any such estate, for the purpose of the burial of the deceased or for the purpose of the main- tenance of the former dependants of the deceased. not withstanding the non-delivery of the accounts required by section 10 of this Ordinance, or for the purpose of preparing such accounts, and such authoris- ed use of the estate or income as the case may be shall not render the person in question liable to any of the penalties provided by this section.

(5) The recovery of any penalty provided in this section shall be without prejudice to the liability of the accountable person to the payment of estate duty on the estate of the deceased; Provided however that the amount of the estate duty and the penalty shall not in any case exceed four times the rate set out in the applicable Schedule,

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932. 205

(6) For the purposes of this section no account shall be deemed to have been delivered until the duty which reasonably appears to be payable in respect thereof has been paid, unless the Commissioner shall have allowed paymeut of the estate duty in respect of the said account to be postponed.

person in

20.-(1) Where a deceased person had, at the date Disclosure of his death, any interest, whether as partner, de- of interest positor, or creditor in any shop, bank or other business of deceased undertaking within the Colony, not being a company shop, bank, as defined by the Companies Ordinance, 1911, or a etc. company, association or partnership formed under or Ordinance in pursuance of some other Ordinance or Act, or of a No. 58 of charter of incorporation, or of letters patent, the per- 1911. son having the management of such shop, bank or other business undertaking shall, within one month from the date on which he first received information of the death of such deceased person, notify the Com- missioner of such death and of the extent of the interest of the deceased in the said shop, bank or other business undertaking, and in default of such notification as aforesaid a penalty of five hundred dollars shall be recoverable from the owner or owners of the said shop, bank or other business.

(2) Where the said shop, bank or other business is carried on in a firm name, the said penalty of five hundred dollars shall also be deemed to be due from the firm and may be recovered in an action against the firm in the said firm name.

(3) In any proceedings for the recovery of the penalty prescribed by this section, the onus of proving that he has not rendered himself liable to the penalty shall be upon the person or firm from whom it is sought to recover it.

the

21. At any time or times after the date of the probate or letters of administration, it shall be lawfui for the Commissioner, by notice in writing sent to an executor at his last-known address, to require him to deliver to the Commissioner a statement in writing (which statement in writing shall be supported by Statutory Declaration if the Commissioner shall so require) containing the names and addresses of all persons who were and are beneficially interested in the estate of the deceased, together with respective dates on which such persons respectively became so interested and the extent of their respective interests, and also all such particulars in regard to such persons or any of them as the Commissioner mua, from time to time require, and the executor shall. within two months from the date of the service of such notice at such address, deliver the said statement to the Commissioner and shall verify the same to his satisfaction within the further period of one month, and in default the executor shall upon summary conviction be personally liable to a fine not exceeding one thousand dollars or to imprisonment for any term not exceeding six mouths, unless he can prove to the satisfaction of the magistrate that his default was due to circumstances not under his control.

Executor's

accounts.

22. The Commissioner may in his descretion remit Fower to or reduce any penalty and he may reduce any duty reduce chargeable under this Ordinance, provided that such penalty

and duty.

duty is not reduced below the rate set out in the applicable Schedule.

make rules

23. Subject to the provisions of this Ordinance, the Power to Governor in Council may make such rules, prescribe Governor in such forms and generally do such things as he thinks Council to expedient for regulating the practice under this and prescribe Ordinance. The powers conferred by this section forms, fees shall include a power to prescribe fees and charges in and charges. receipt of affidavits for the Commissioner.

206

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932.

Presumption as to shares standing in the name of the deceased.

Appeal

24.-(1) If the registered owner of any share on a share register which is by law required to be kept within the Colony dies, such share shall for the pur- poses of this Ordinance be deemed to be part of the estate of the deceased, unless the legal persona! representative of the deceased proves to the satisfac- tion of the Commissioner that such share did not form part of the estate of the deceased at his death.

(2) An appeal to the Supreme Court as under section 17 of this Ordinance, shall lie

　　　　　　　　　　　from any decision of the Commissioner under sub-section (1) of this section.

Relief in

the ease of certain settlements.

57 & 58 Vict. c. 30, s. 5 (2), 4 & 5 Geo. 5,

c. 10, S. 14.

25.--(1) If estate duty has already been paid in respect of any settled property since the date of the settlement, upon the death of one of the parties to marriage, no estate duty shall be payable on the death of the other party to the marriage unless such person was at the time of his or her death or had been at any time during the continuance of the settle- ment competent to dispose of such property.

(2) For the purposes of this section, the termi settlement means any deed, will, agreement for a settlement, or other instrument, or any number of instruments, whether made before or after or partly before and partly after the commencement of this Ordinance, under or by virtue of which instrument or instruments any property, or any estate or interest in any property, stands for the time being limited to or in trust for any persons by way of succession, and the term settled property means the property comprised in a settlement.

Relief in respect of quick succession where property consists of leasehold property or a business.

4 & 5 Geo 5, c. 10, s. 15.

26. Where the Commissioner is satisfied that estate duty has become payable on any property consisting of leasehold property or a business (not being a business carried on by a company), or any interest in leasehold property or such a business, passing upon the death of any person, and that subsequently within five years estate duty has again become payable on the same property or any part thereof passing on the death of the person to whom the property passed on the first death, the amount of estate duty payable on the second death (if the death occurs on or after the 27th day of February, 1931), in respect of the property so passing shall be reduced as follows.--

Where the second death occurs within one year

of the first death, by fifty per cent; Where the second death occurs within two years of the first death, by forty per cent; Where the second death occurs within three years of the first death, by thirty per cent; Where the second death occurs within four years of the first death, by twenty per cent; Where the second death occurs within five years

of the first death, by ten per cent.

Provided that where the value, on which the duty is payable, of the property on the second death ex- ceeds the value, on which the duty was payable, of the property on the first death, the latter value shall be substituted for the former for the purpose of calculating the amount of duty on which the reduction under this section is to be calculated,

哩

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932. 207

27. The amount of estate duty payable on an estate Reduction at the rate applicable thereto under the scale of rates of full

　　　　　　　　　　　　　　　　　　　　　　　　　　　　amount of of duty shall, where necessary, be reduced so as not to

　　　　　　　　　　　　　　　　　　　　　duty where exceed the highest amount of duty which would be the margin payable at the next lower rate, with the addition of above the the amount by which the value of the estate exceeds limit of the value on which the highest amount of duty would be so payable at the lower rate.

value is

small.

4 & 5 Geo. 5, c. 10, s.

13 (1).

interests

28.-(1) In the case of settled property, where the Relief in interest of any person under the settlement fails or the case of determines by reason of his death before it becomes certain an interest in possession, and subsequent limitations which do under the settlement continue to subsist, the property not fall shall not be deemed to pass on his death.

into posses- sion.

57 & 58 Vict.

c. 30, s.

(2) For the purposes of this section, the term settle- 5 (3). ment means any deed, will, agreement for a settlement, or other instrument, or any number of instruments, whether made before or after or partly before and partly after the 27th day of February 1931, under or by virtue of which instrument or instruments any property, or any estate or interest in any property, stands for the time being limited to or in trust for any persons by way of succession, and the terin settled property means the property comprised in a settlement.

29. The table in the Third Schedule may be used, Calculation where applicable, in the calculation of reversionary of reversion- interests.

ary interests. Third Schedule.

Repeal of

30. The Estate Duty Ordinance, 1915, and the Estate Duty Amendment Ordinance, 1931, are re- Ordinances pealed.

No. 16 of

Passed the Legislative Council of Hong Kong, this

25th day of February, 1932.

R. A. C. North, Deputy Clerk of Councils.

1915 and

No. 6 of

1931.

208

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932.

FIRST SCHEDULE.

[ss. 3, 4, 10, 12, 13, 18, 19 & 22.]

Where the principal value of the estate.

Estate duty shall be pay- able at the rate

per cent of.

Exceeds

500 and does not exceed

5,000

10,000

25,000

50,000

25,000 50,000 100,000

100,000

2.1

200,000

1234 5 6

200,000

400,000

600,000

800,000

1,000,000

2,000,000

ཌ=ལ

SECOND SCHEDULE.

[ss. 3, 4, 10, 12, 13, 18, 19 &,22.]

Where the principal value of the estate.

Estate duty

shall be payable

at the rate

per cent of.

Exceeds

1,000

10,000

500 and does not exceed 1,000

10,000 100,000

100,000

250,000

500,000

750,000

500,000 750,000 1,000,000

1,000.000

1,500,000 2,500,000

1 2 3 4 5OODD∞

5.50

6.50

7.50

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932. 209

THIRD SCHEDULE.

Table for use, where applicable, in the calculation of

Reversionary interests.

Years of

age.

Value. Years of

Value.

age.

€9

Birth

946

809 64

426

953

802

410

....

958

795 66

395

963

787 67

380

964

779

366

963

770

352

960

762

338

956

753

325

951

743

311

945

734

298

939

723

284

932

713

270

924

701

255

916

689

238

908

677

222

900 47

664

206

891 48

650

190

17.

883

635

175

876

621

160

870

606

146

864

592 84

131

859

578. 85

117

856

565

103

853

551 87

850

536

847 57

525

843

512

838

499

833

486

828 61

471

822

457

816

441

210

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932.

HONG KONG.

No. 4 OF 1932.

I assent.

W. PEEL,

L.S.

Governor.

Short title.

Additions to Ordinance No. 6 of

1893. s. 2.

26th February, 1932.

An Ordinance to amend the Po Leung Kuk Incorporation

Ordinance, 1893.

[26th February, 1932.]

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the Po Leung Kuk Incorporation Amendment Ordinance, 1932.

2. Section 2 of the Po Leung Kuk Incorporation Ordin- ance, 1893, is numbered as sub-section (1) thereof and the following sub-sections are added thereto :-

(2) The Society shall have power to invest moneys upon mortgage of any lands, hereditaments, buildings, messuages or tenements or upon the mortgages, debentures, stocks, funds, shares or securities of any corporation or company, and also to purchase, acquire and possess vessels and other goods and chattels of what nature and kind soever.

(3) The Society shall have power, with the consent in writing of the Governor, to grant, sell, convey, assign, surrender, exchange, partition, yield up, mortgage, transfer, or otherwise dispose of, or to let or demise for any period exceeding three years, any lands, buildings, messuages, or tenements, which are for the time being vested in or belong- ing to it. In any such transaction the signature of the Governor endorsed on the document or documents by means of which the transaction is effected shall be sufficient evidence that such consent was given.

(4) The Society shall have power to let or demise for any period not exceeding three years, upon such terms as it may deem fit, any lands, buildings, messuages or tenements, which are for the time being vested in or belonging to it.

(5) The Society shall have power to sell, convey, assign, surrender, exchange, partition, yield up, mortgage, demise, reassign, transfer or otherwise dispose of, upon such terms as it may deem fit, any debentures, stocks, funds, shares, securities, vessels, or other goods or chattels, which are for the time being vested in or belonging to it.

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932.

(6) All deeds and other documents requiring the seal of the Society shall be sealed with its common seal in the presence of two members of the elected committee and shall also be signed by them, and such signing shall be taken as sufficient evidence of the due sealing of such deeds and documents.

3. Sub-section (1) of section 5 of the Po Leung Kuk Substitution Incorporation Ordinance, 1893, is repealed and the following ordinance sub-section is substituted therefor :-

No. 6 of 1893,

s. 5 (1).

Direction.

5.-(1) The Board shall consist of such number of Fermanent members as the Governor shall direct and shall include the Board of Secretary for Chinese Affairs, who shall be ex officio the president, and also the members of the Executive Council and of the Legislative Council representing the Chinese, who shall be cx officio the vice-presidents.

Passed the Legislative Council of Hong Kong, this 25th day of February, 1932.

211

R. A. C. NORTII, Deputy Clerk of Councils.

HONG KONG.

No. 5 OF 1932.

I assent.

W. PEEL,

L. S.

Governor.

26th February, 1932.

An Ordinance to amend the Chinese Temples Ordinance,

1928.

[26th February, 1932.]

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Chinese Temples Short title. Amendment Ordinance, 1932.

212

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932.

Substitution

No. 7 of

2. Sub-section (1) of section 7 of the Chinese Temples for Ordinance Ordinance, 1923, as amended by section 17 of the Tung 1928, s. 7 (1). Wah Hospital Ordinance, 1930, is repealed and the follow-

ing sub-section is substituted therefor :-

Ordinance

No. 31 of

1930.

Revenues, 'etc. of all

Chinese Temples to

be under the control of the

Chinese Temples Committee.

7.-(1) Notwithstanding anything contained in the Secretary for Chinese Affairs Incorporation Ordinance, 1928, the revenues, funds, investments and properties of all Chinese temples shall, subject to the provisions of section 8, be under the absolute control of a committee which shall be known as the Chinese Temples Committee and which shall consist of the following persons:-

(a) The Chinese members for the time being of the Executive Council and of the Legislative Council.

(b) A representative of the District Watch Committee. appointed by the Governor, for such period as he may approve, on the nomination of the District Watch Committee.

(d) The Chairman for the time being of the Board of Direction of the Tung Wah Hospital.

(e) The senior member for the time being of the Committee of the Po Leung Kuk.

(f) One of the Directors of the Tung Wah Hospital, appointed annually by the Governor on the nomination of the Directors who are residents of Kowloon or New Kowloon.

(g) The Secretary for Chinese Affairs.

The Secretary for Chinese Affairs shall be the Chairman of the Chinese Temples Committee. Five members shall form a quorum.

Passed the Legislative Council of Hong Kong, this 25th day of February, 1932.

R. A. C. NORTH, Deputy Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932. 213

APPOINTMENTS, &c.

No. 122.-His Honour Mr. JOHN ROSKRUGE WOOD having returned to the Colony resumed duty as Puisne Judge on the 26th February, 1932.

26th February, 1932.

No. 123.-His Excellency the Governor has been pleased to appoint Colonel STUART BOYD, D.S.O., to be a Member of the Authorized Architects Committee, vice Colonel ROBERT BRUCE SKINNER, O.B.E., resigned.

26th February, 1932.

No. 124. It is hereby notified that during the absence on leave of Mr. ANTONIO LUIZ CERVEIRA de Albuquerque e Castro, Consul General for Portugal in Hong Kong, Mr. CARLOS Augusto da Roza will be Acting Consul General in charge of the Portuguese Consulate.

26th February, 1932.

No. 125.-It is hereby notified that during the absence on leave of Monsieur FRANCISCO BONACHEA Y ROMERO, Consul for Cuba in Hong Kong, Mr. ORLANDO DE LARA will be Acting Consul in charge of the Cuban Consulate.

26th February, 1932.

No. 126.-His Excellency the Governor has been pleased to appoint Mr. No Mur KAI () to act as Assistant Secretary to the Sanitary Board, with effect from 1st March, 1932, until further notice.

26th February, 1932.

No. 127.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

ORDINANCE No. 39 of 1931 (TOBACCO).

It is hereby notified by direction of His Excellency the Governor and pursuant to sub-section (1) of section 16 of the Tobacco Ordinance, 1931, that the Harbour of Victoria has been appointed a port for the importation and exportation of tobacco.

W. T. SOUTHORN,

Colonial Secretary.

26th February, 1932.

214 THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932.

SUPREME COURT.

　　　No. 128. It is hereby notified that at the expiration of three months from the date hereof the OUR STORE, LIMITED, will, unless cause is shewn to the contrary, be struck off the register and the company will be dissolved.

25th February, 1932.

E. P. H. LANG,

Registrar of Companies.

LAND REGISTRY OFFICE.

No. 129.-It is hereby notified for general information that Notification No. 115 published in the Gazette of 19th day of February 1932 is cancelled.

24th February, 1932.

PHILIP JACKS,

Land Officer.

LAND REGISTRY OFFICE.

No. 130.-It is hereby notified for general information that

information that a Memorial of Re-entry by the Crown on New Kowloon Inland Lots Nos. 1651 and 1652 has been registered according to law.

24th February, 1932.

PHILIP JACKS,

Land Officer

No. 131.

ROYAL OBSERVATORY.

Sunrise and Sunset in Hong Kong for March, 1932.

(STANDARD TIME OF THE 120TH MERIDIAN, EAST OF GREENWICH.)

DATE.

SUNRISE.

SUNSET.

DATE.

SUNRISE.

SUNSET.

March

1......

6.45 a.m.

6.44

6.27 p.m. 6.27

March

17.

6.31 a.m.

6.33 p.m.

18.

6.30

6.33

6.43

6.28

19..

6.29

6.34

6.42

6.28

20.

6.27

6.34

5....

6.41

6.28

6.27

6.35

6.40

6.39

6.29 6.29

22.

6.26

6.36

23..

6.25

6.36

6.39

6.38

6.30 6.30

24.

6.24

6.36

25..

6.23

6.36

10.

6.37

6.31

26..

6.22

6.37

11...

6.36

6.31

6.21

6.37

12.

6.35

6.32

28.

6.20

6.37

13.

6.34

14.

6.34

6.32 6.32

29.

6.19

6.37

30......

6.18

15.

6.33

31.

6.17

6.38 ,, 6.38

16..

6.32

6.33

26th February, 1932.

T. F. CLAXTON,

Director.

}

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26,

1932.

The Crown Lands Resumption Ordinance, 1900 and 1930.

215

　　No. 132 -It is hereby notified, under section 6 of the Crown Lands Resumption. Ordinance, 1980, that the Board of Arbitrators appointed to determine the amount of compensation to be paid in respect of the resumption of Lots Nos. 957,962,965 R.P., 999,1,000,1,028,1,029,1,030,1,031,1,162, 1,164_R.P., 1,165, 2,900, 2,905 R.P. and 3,030, Survey District IV, is constituted as follows :--

Mr. PHILIP JACKS, Justice of the Peace, Chairman.

Mr. HENRY EDWARD GOLDSMITH, J.P., nominated by His Excellency the Governor. Mr. JOHN CAER CLARK, Architect and Civil Engineer, nominated by the Chair-

man on behalf of the owners.

　　It is hereby further notified that the Chairman hereby appoints Thursday, the 10th day of March, 1932, at 2.15 o'clock in the afternoon, at the Sanitary Board Room, Post Office Buildings, Hong Kong, as the time and place for the Board to commence its sittings.

23rd February, 1932.

PHILIP JACKS,

Chairman of the Board of Arbitrators.

憲示第一百三十二號

及百

公斷局俾得秉公决斷茲將所委公斷人開列於左零三十號地段佈告於衆至應補回補償費若干則現經委定公斷人組織之餘與一千一百六十五號二千九百號二千九百零五號之餘及三千一千零三十號一千零三十一號一千一百六十二號一千一百六十四號十五號之餘段九百九十九號一千號一千零二十八號一千零二十九號政府所擬收回第四號丈量約份第九百五十七號九百六十二號九百六啟者茲按照一仟九百三十年則例卽收回政府公地則例第六條規定將

一仟九百年及一千九百卅年收回政府公地則例

人償

工畫

太平紳士

翟仕先生

主席

由督憲指派

|則師及

太平紳士

師及士

高師微先生

奇高

勒微

奇勒先生

由主席代業主指派

五分鐘在清淨總局内堂開始叙會審本主席現定於一仟九百卅二年陽曆三月十號即星期四日下午兩點十

者無論其爲業主或別項人等須於

佈之

之該期

遞前地四

呈將收日

囘下

政對欲午

司於求

轉收補點

交囘置十

公斷人審查此佈之地所有權利之詳情及欲取回補置費若干繕列清楚遞呈布政司轉交公斷局主席翟仕啟

一仟九百卅二年二月廿三日

發於香港臬署

216

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932.

OFFICE OF REGISTRAR OF PATENTS.

No. 133.- Notice is hereby given that the following United Kingdom Patent has been registered under the provisions of the United Kingdom Patents Ordinance, 1925:-

No. and date of grant.

Date as of which sealed.

Present owner.

Nature of invention.

Date of registration.

No. 320,425 2nd January,

1930.

17th July,

Marconi's

1928.

25th February, 1932.

Wireless Tele- graph Company Limited, of Marconi House, Strand, London, W.C. 2, a Coin- pany organized under the laws of Great Britain.

Improvements in or re- lating to Aerials for use in Wireless Telegraph and Tele- phony.

25th Feb., 1932.

E. L. AGASSIZ,

Registrar of Patents.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　　No. 134.-It is hereby notified that the registration of the following trade mark has been renewed under the provisions of the Trade Marks Ordinance, 1909 :-

Number

Mark.

Date of Registration.

Name and Address of Owner.

Period of Renewal.

Class in which renewed.

File No.

No. 88 of 1918.

22nd February, 1918.

Cheung Wan Fe', 241, Queen's Road, Central, Hong Kong.

22nd February, 1946.

25th February, 1932.

365

of 1931.

E. L. AGASSIZ, Registrar of Trade Marks.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　　No. 135.-It is hereby notified that the registration of the following trade mark has expired and that it will be removed from the Register of Trade Marks on the 27th March, 1932, unless the prescribed fee for renewal of registration is paid before that date:--

Number of Trade Mark.

Name and Address of Proprietor.

Date of Expiration of Registration.

File No.

No. 120 of 1918.

25th February, 1932.

Sanagen Company, I imited, 102, Sheepcote Lane, Battersea, London, S. W. Er gland.

23rd February, 1932.

366

of 1931.

E. L. AGASSIZ, Registrar of Trade Marks.

218

THE HONG KONG GOVERNMENT GAZETTE, MARCH 1, 1932.

LEGISLATIVE COUNCIL.

No. 136-lis Majesty the KING has not been advised to exercise his power of dsallowance with respect to the following Ordinances:---

Ordinance No. 31 of 1931.- An Ordinance to amend the Suitors' Funds Ordi-

nance, 1896.

Ordinance No. 35 of 19831.--An Ordinance to amend the Full Court Ordinance,

COUNCIL CHAMBER,

2nd March, 1982.

1912.

R. A. C. NORTH,

Deputy Clerk of Councils.

APPOINTMENTS, &c.

No. 137.-lis Excellency the Governor has been pleased to make the following appointment in the Army Service Corps Cadre of the Hong Kong Volunteer Defence Corps, with effect from 17th February, 1932 :--

REGINALD PHILIP PHILLIPS, Esq., to be Lieutenant.

4th March, 1932.

　　　No. 138.- Ilis Excellency the Governor has been pleased to appoint Mr. THOMAS HENRY KING to act as Inspector General of Police and Chief Officer, Fire Brigade, during the absence on, leave of the Hon. Mr. EDWARD DUDLEY CORSCADEN WOLFE, C.M.G., or until further notice, with effect from the 27th February, 1932.

4th March, 1932.

No. 139. lis Excellency the Governor has been pleased to appoint Mr. THOMAS HENRY KING, Provisionally and subject to His Majesty's pleasure, temporarily to be a Member of the Legislative Council, during the absence on leave of the Honourable Mr. EDWARD DUDLEY CORSCADEN WOLFE, C.M.G., with effect from the 27th February, 1932.

4th March, 1932.

NOTICES.

MEDICAL DEPARTMENT,

No. 140.- In exercise of the power conferred upon the Registrar of Births and Deaths by sub-section (3) of section 3 of the Births and Deaths Registration Ordinance, 1896, Mr. DoUGLAS JAMES VALENTINE has been appointed by me to be Deputy Registrar of Births and Deaths for the purposes of the said Ordinance, with effect from 1st March, 1932.

A. R. WELLINGTON,

Director of Medical and Sanitary Services, Registrar of Births and Deaths.

3rd March, 1932.

५

THE HONG KONG GOVERNMENT GAZETTE, MARCH 4, 1932.

219

DISTRICT OFFICE, TAI Po.

　　No. 141.-It is hereby notified for general information that Cancellation of Memo- rial of Re-entry has been approved by order of the Governor in Council as to the follow- ing lots in the Northern District of the New Territories :-

1. D.D. 113 Lots Nos. 791, 884, 1048, 111, Ma On Kong House No. 216;

2. Ma On Kong Houses Nos. 233, 244, 232;

3. D.D. 78 Lots Nos. 767, 791, 795, 848, 874, 877, 896, 905, 907, 923, 942, D.D.

82 Lot No. 65;

4. D.D. 78 Lots Nos. 782, 783, 785, 786, 787, 788, 789 :

5. D.D. 91 Lot No. 2035.

4th March, 1932.

T. MEGARRY,

District Officer, North.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　No. 142. It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909:

Number

Marks.

Date of Registration.

Name and Address of Owner.

Period of Renewal.

Class in which renewed.

File

No.

Nos. 139 and 140 of 1918.

28th February, 1918.

United Kingdom Tobacco Company (1929), Limited, at 74-80, Middlesex Street, London, England.

28th February, 1946.

368 of 1931.

3rd March, 1932.

E. L. AGASSIZ, Registrar of Trade Marks.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　No. 143.-It is hereby notified that the registration of the following trade mark bas expired and that it will be removed from the Register of Trade Marks on the 5th April, 1932, unless the prescribed fee for renewal of registration is paid before that date:--

Number of Trade Mark.

Name and Address of Proprietor.

Date of Expiration of Registration.

File No.

No. 94 of 1918

3rd March, 1952.

Western Clock Company, East Fifth Street, Peru, State of Illinois, United States of America.

28th February, 1932.

367 of 1931.

E. L. AGASSIZ, Registrar of Trade Marks.

220

THE HONG KONG GOVERNMENT GAZETTE, MARCH 4, 1932.

THE CROWN LANDS RESUMPTION ORDINANCE, 1900,

Survey District 1 Lot No. 5085, R.P.

　　　　No. 144. It is hereby notified, pursuant to section 16 (2) of the Crown Lands Resumption Ordinance, 1900, that an award of $1,022.91 has been made in respect of the resumption of Survey District I Lot No. 5085, R.P. and that the District Officer, South, a Government Officer, is hereby appointed to pay the compensation so awarded, together with interest thereon as prescribed by the said Ordinance, at his office, and during the Government office hours between 11 o'clock in the forenoon of Thursday, the 17th day of March, 1932, and 4 o'clock in the afternoon of Thursday, the 17th day of March. 1932. If no claim be made for the compensation money at the place and within the time appointed the officer appointed as above will cause the money to be paid into the Treasury, and the provisions of section 16 (5) and (6) of the Ordinance as to claim within five years, or transfer, thereafter, to the general revenue of the Colony, as the case may be, will apply to the said money.

4th March, 1932.

HAROLD T. CREASY,

Director of Public Works.

222

THE HONG KONG GOVERNMENT GAZETTE, MARCH 11, 1932.

EXECUTIVE COUNCIL.

No. 145.

Hong Kong.

ORDINANCE No. 21 of 1927 (DOGS).

In exercise of the powers conferred by section 3 of the Dogs Ordinance, 1927, the Governor in Council suspends until further order regulation 21 of the regulations made under the said Ordinance on the 24th day of November, 1927, published in the Gazette of the 25th November, 1927, as Notification No. 694, and amended as appears in Government Notifications No. 377 of 1930 and No. 730 of 1931.

D. W. TRATMAN,

Clerk of Councils.

COUNCIL CHAMBER,

4th March, 1932.

NOTE.--Regulation 21, now suspended, is commonly known as the

muzzling order.

No. 146.

Hong Kong.

ORDINANCE No. 10 of 1899 (MERCHANT SHIPPING).

In exercise of the powers conferred by section 42 (1) of the Merchant Shipping Ordinance, 1899, the Governor in Council makes the undermentioned further amendment to the Table, K (A), substituted for Table K (A) in the Schedule to the said Ordinance as appears in Government Notification No. 7 of 1924.

Amendment.

Delete the words "Casualties on the voyage" and substitute therefor the words "Accidents to vessel on the voyage".

COUNCIL CHAMBER,

4th March, 1932.

D. W. TRATMAN,

Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, MARCH 11, 1932. 223

LEGISLATIVE COUNCIL.

　　　No. 147.-His Majesty the KING has not been advised to exercise his power of disallowance with respect to the following Ordinance :---

Ordinance No. 37 of 1931.-An Ordinance to amend the Public Revenue Pro-

tection Ordinance, 1927.

COUNCIL CHAMBER,

8th March. 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

APPOINTMENTS, &c.

　　　No. 148.-His Excellency the Governor has been pleased to appoint Mr. ROGER EDWARD LINDSELL to act as Assistant Attorney General with effect from 1st March, 1932.

10th March, 1932.

No. 149. His Excellency the Governor has been pleased to appoint Mr. ARTHUR GRENFELL CLARKE to act as an Assistant to the Secretary for Chinese Affairs, with effect from the 27th February, 1932.

7th March, 1932.

No. 150.-With reference to Government Notification No. 113 of the 21st February, 1930, it is hereby notified that His Excellency the Governor has declared Mr. CYRIL CHAMPKIN to be duly elected a Member of the Licensing Board during the absence on leave of Mr. HUGH BLACKWELL LAYARD DOWBIGGIN, O.B.E., with effect from the 30th January, 1932, in accordance with the Rules governing the election of Justices of the Peace to serve on the Board.

7th March, 1932.

224

THE HONG KONG GOVERNMENT GAZETTE, MARCH 11, 1932.

NOTICES.

No. 151.

COLONIAL SECRETARY'S DEPARTMENT.

The following notice taken from the London Gazette of the 13th November, 1931, is published for general information.

11th March, 1932.

W. T. SOUTHORN,

Colonial Secretary.

AT THE COURT AT BUCKINGHAM PALACE.

THE 9TH DAY OF NOVEMBER, 1931.

In pursuance of the powers given under section 29 sub-section 5 of "The Merchant Shipping (Convention) Act, 1914", His Majesty by and with the advice of His Privy Council ordered that the provisions of the Merchant Shipping (Convention) Act, 1914, should be postponed from coming into operation until the 1st day of January, 1933.

COLONIAL SECRETARY'S DEPARTMENT.

　　　No. 152.-It is notified for general information that the Recreation Grounds Committee consists of the following:-

Recreation Grounds Committe.

The Chairman, The Director of Public Works,

The Colonial Secretary,

The Director of Education,

Representative of the Royal Naval Recreation Club,

Hong Kong Area Sports Board (Army),

Hong Kong Football Association,

Hong Kong Jockey Club,

Hong Kong Football Club,

345

་

11th March, 1932.

Hong Kong Cricket Club, Kowloon Cricket Club,

Hong Kong Hockey Club,

Royal Hong Kong Golf Club,

Hong Kong Polo Club,

Club de Recreio,

Hong Kong Chinese Recreation Club,

Indian Recreation Club,

Y.M.C.A.

W. T. SOUTHORN,

Colonial Secretary.

THE HONG KONG GOVERNMENT GAZETTE, MARCH 11, 1932.

No. 153-Financial Statement for the month of November, 1931.

TREASURY

REVENUE AND EXPENDITURE.

Excess of Assets over Liabilities on 31st October, 1931

Revenue from 1st to 30th November, 1931

Expenditure from 1st to 30th November, 1931

$10,926,581.46

3,182,735.50

$14,109,316.96 2,033,174.36

Balance

$ 12,076,142.60

Assets and Liabilities on the 30th November, 1931.

LIABILITIES.

ASSETS.

Deposits :-

Advances :-

Contractors

Deposits

and

Officers

480,463.81

Suitors Fund

589,167.26

Miscellaneous Deposits

982,788.43

On account of Future Loan... Purchase of three Locomo- tives for Chinese Section, Kowloon-Canton Railway.

Miscellaneous

3,160,484.55

447,468.26

131,862.93

House Service Account

27,518.94

Building Loans

1,053,924.31

Postal Agencies

3,282.91

Imprest Account

41,761.54

Suspense Account

694,283.31

Subsidiary Coins....

1,294,492.17

Exchange Adjustment

562,162.14

Investments :-

Surplus Funds.

1,715,849.70

Trade Loan Reserve

1,039,164.04

Trade Loan Outstanding

1,236,829.76

Praya East Reclamation

145,024.02

Unallocated Stores, (P.W.D.).

499,801.36

Coal Account

323.63

Unallocated Stores, (K.C.R.)

182,992.91

Lorry Haulage Account

16,414.20

Total Liabilities

4,524,178.49

Cash :--

Excess of Assets over Liabi-

Treasurer

Crown Agents

3,489,598.63

35,925.86

lities

12,076,142.60

Joint Colonial Fund On Fixed Deposit

2,833,548.39

459,366.52

TOTAL.........$

9th March, 1932.

16,600,321.09

TOTAL.........$ 16,600,321.09

* Joint Colonial Fund..

£183,000 0s. Od.

EDWIN TAYLOR,

Treasurer.

225

226 THE HONG KONG GOVERNMENT GAZETTE, MARCH 11, 1932.

No. 154.

COMPARATIVE STATEMENT OF THE REVENUE AND EXPEN

Revenue from

Heads of Revenue.

Estimates.

1931

1st to

Revenue for same

Actual Revenue to

Revenue

for same

30th

November,

1931.

period of preceding

30th November,

period of preceding

year.

1931.

year.

Light Dues..

€9-

648,740

57,459.04

26,659.05

$ C.

301,740.23

597,414.09

Licences and Internal

Revenue not otherwise specified

18,558,075

1,876,563.16

1,391,932.82

19,254 244.39

14,735,166.94

Fees of Court or Office

Payments for specific purposes, and Reim- bursements in Aid...

2,285,102

321,054.55

232,665.59

2,426,523.31 2,010,986.63

Post Office

1,360,000

190,574.66

150,387.67

1,812,802.48 1,211,386.80

Kowloon-Canton Railway .....

948,550

96,564.03

81,918.66 988,128.88 874,853.02

Rent of Government Pro-

perty, Land and Houses...

1,432,420

136,032.28

102,311.10

1,288,649.73 1,255,682.25

Interest

133,000

1,490.46

32,512.69

216,056.34

379,581.07

Miscellaneous Receipts.....

622,872

44,836.35

39,839.17 749,328.09 516,003.30

Total (exclusive of Land

Sales)

Land Sales (Premia on New

Leases)

25,988,759 2,724,574.53 2,058,226.75 27,333,147.31 | 21,285,400.24

1,500,000 458,160.97 598.146.49 2,849.353.38 2,481,119.31

TOTAL................ $ 27,488,759 3,182,735.50 2,656,373.24 30,182,500,69 23,766,519.55

9th March, 1932.

THE HONG KONG GOVERNMENT GAZETTE, MARCH 11, 1932. 227

DITURE FOR THE PERIOD ENDED 30TH NOVEMBER, 1931.

Estimates,

Heads of Expenditure.

1931.

TREASURY.

Expenditure from

} 1st to 30th November,

1931.

Expenditure for same period of preceding

year.

Actual Expenditure

to 30th November,

1931.

Expenditure for same period of preceding

year.

H. E. the Governor

155,890

11.729.71

13,263.36

157,112.44

137,282.80

Cadet Service

566,221

48,621.65

47,097.12

591,819.72

467,635.03

Senior Clerical and Ac-

counting Staff ...........

334,113

25,260.43

29,383.93

318,015.94

291,922.59

Junior Clerical Service

916,050

71.722.04

61,286.60

798,478.09 775,145.33

Colonial Secretary's Office

and Legislature

60,625

4,581.35

6,401.51

65,260.46 €2,621.82

Secretariat

for

Chinese

Affairs

19,629

1.706.76

1,418.14

19,423.90

17,414.11

Treasury

54,635

6,117.84

2,136.46

67,069.39

29,602.59

Audit Department

72,604

5,266.15

5,539.84

75,903.27

62,020.18

District Office, North

24,317

1,728.40

1,673.75

20,285.37

22,160.65

Do., South

12,340

772.14

1,581.01

9,984.91

11,859.83

Communications :-

(a) Post Office

408,405

4,389.36

54,412.85

386,248.52

298,885.23

(b) Do. Wireless

Telegraph Service.

149,961

,12,789.31

11,487.62

133,402.71

118,529.29

Imports and Exports

Office

871,194

21,416.48

79,968.96

864,175.73 801,515.88

Harbour Department

1,164,394

72,384.56

81,806.48

851,573.34

882,044.61

Do.

Air

Service

154,568

876.53

903.23

25,830.24

92,885.24

Royal Observatory

71,012

5,816.05

4,421,52

68,247.02

48,959,99

Fire Brigade...

326,479

17,598.34

79,147.11

282,031.85

254,747.73

Supreme Court.......

173,354

13,377.90

16,381.70

179,087.57

158,927.49

Attorney General........

47,226

3.855.55

3,792.06

46,912.03

41,606.62

Crown Solicitor's Office

50,322

2,956.58

4,115.20

47.257.17

43,569.88

Official Receiver

18,631

1,483.03

2,487.08

19,413.93

21,090.92

Land Office

36,754

1,309.93

3,883.25

39.242.96

33,945.81

Magistracy, Hong Kong...

2,399

231.15

188.65

1,752.35

1,774.99

Do., Kowloon

2,190

116.35

214.92

1,638.16

1,872.57

Police Force

2,710,962

192,429.87

200,138.45

2,573,066.27

2,351,979.16

Prisons Department.

713,369

47,061,85

63,760.71

696,170.85

611,633.01

Medical Department

1,446,585

100,971.03

96,862.65

1,228,689,63

1,060.217.49

Sanitary Department

954,276

61,008.99

66,019.54

772,333.09

790,548,02

Botanical and Forestry

Department

119,587

9,989.74

8,890.16

105,122.90

105,860.42

Education Department

1,739,708

113,036.08

117,508.68

1,560,789.64

1,491,033.82

Public Works Department.

2,038,928

166,670.76

195,460.75

2,130,855.22 1,849,494.48

Do., Recurrent.....

1,536,150

124,035.77

148,227.31

1,181,235.97 1,094,016.07

Do., Extraordinary.

2,500,000

133,959.24

189,371.01

1,722,647.08

1,968,498.42

Kowloon-Canton Railway..

947,547

68,253.87

69,460.30

798,556.78

748,830.68

Defence:

(a) Volunteer

Defence

Corps

103,660

6,093.62

(b) Military

Contribu-

tion

4,784,290

Miscellaneous Services

1,490,955

Charitable Services

142,295

Charge on Account of

Public Debt .....

Pensions

1,638,230 1,228,000

388,128.25 43,043,52 3,251.77

147,809.23 91,323.18

6,363.41

321.821.75 174,682.06 40,752.62

78,543.99

73,612.05

4,544,470.11 3,541,947.56 1,485,991.73

1,613,042.19

168,859.50

106,399.19

1,894,290.79 79,534.82 1,456,247.21 993,938.41

1,588,117.82

TOTAL.....$ 29,787,855 2,033,174.36 2,291,846.57 27,468,037.83 24,666,689.97

EDWIN TAYLOR,

Treasurer.

228

THE HONG KONG GOVERNMENT GAZETTE, MARCH 11, 1932.

ASSESSOR'S OFFICE.

No. 155.--The following alterations in house numbers are hereby notified.

NEW NUMBERS.

OLD NUMBERS.

LOT

新門牌

舊門牌

NUMBERS.

TIN LOK LANE.

天樂里

From No. 378 Hennessy Road to Wanchai Road.

ODD NUMBERS.

EAST SIDE.

號

J.L. 499

S.A.R.P. & M.L.

283 S.A.R.P.

三號

二號

五號

三號

七號

四號

九號

五號

•

I.L. 499

S.C.R.P.

-號

6 六號

一三號

七號

一五號

八號

11th March, 1932.

REMARKS.

EDWIN TAYLOR,

Treasurer and Assessor of Rates.

SUPREME COURT.

　　　　No. 156. It is hereby notified for general information that, pursuant to section 5 of the Criminal Procedure Ordinance, 1899, His Honour the Chief Justice has ordered that the next Criminal Sessions for the despatch of the business of the Court shall be held on Monday, the 21st day of March, 1932, at 10 o'clock in the forenoon.

8th March, 1932.

E. .P. H. LANG,

Registrar.

SUPREME COurt.

　　　　No. 157.-It is hereby notified that at the expiration of three months from the date hereof The ASIA MIRRORS MANUFACTURING COMPANY, LIMITED, will, unless cause is shewn to the contrary, be struck off the register and the company will be dissolved.

10th March, 1932.

E. P. H. LANG,

Registrar of Companies.

THE HONG KONG GOVERNMENT GAZETTE, MARCH 11, 1932. 229

MEDICAL DEPARTMENT.

No. 158.-In exercise of the power conferred upon the Registrar of Births and Deaths by sub-section (3) of section 3 of the Births and Deaths Registration Ordinance, 1896, Dr. KENNETH HARRISON UTTLEY has been appointed by me to be Deputy Registrar of Births and Deaths for the purposes of the said Ordinance, with effect from 1st March, 1932.

11th March, 1932.

A. R. WELLINGTON, Director of Medical and Sanitary Services, Registrar of Births and Deaths.

OFFICE OF REGISTRAR Of Patents.

No. 159. Notice is hereby given that the following United Kingdom Patent has been registered under the provisions of the United Kingdom Patents Ordinance, 1925:-

No. and date Date as of which

of grant.

Present owner.

Nature of invention.

sealed.

Date of registration.

No. 335,620 23rd December,

1930.

29th June, 1929.

10th March, 1932.

Alexander George Rotinoff, of Regent House, Kingsway, London, W.C. 2, England.

Improvements relating to Piles and Pile Driving.

10th March,

1932.

E. L. AGASSIZ,

Registrar of Patents.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 160.-It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909 :-

Number

Marks.

Date of Registration.

Names and Addresses of Owners.

Period of Renewal.

Classes in which renewed.

File Nos.

No. 50 of 1919.

No. 5 of 1919.

5th March, 1918.

Joseph Crosfield and ons (China), Limited, 18, The Bund, Shanghai, China.

5th March, 1946.

405B of 1931.

Do.

Horlick's Malted Milk Co., Ltd.,

9, King's Bench Walk, Temple, London, England.

Do.

404 of 1931.

10th March, 1932.

E. L. AGASSIZ,

Registrar of Trade Marks.

230

THE HONG KONG GOVERNMENT GAZETTE, MARCH 11, 1932.

THE CROWN LANDS RESUMPTION ORDINANCE, 1900.

No. 161. It is hereby notified, pursuant to section 16 (2) of the Crown Lands Resumption Ordinance, 1900, that awards have been made in respect of the resumption of the undermicntioned lots in Survey District I of the New Territories as follows:-

Lots Nos. 118, 120, 122, 146, 148, 157, 158 and 190...... 980.10

Lot No. 119...

130.70

Lot No. 147...

43.55

Lots Nos. 149, 151 and 206

326.70

Lot No. 150...

43.55

Lots Nos. 155 and 181

500.95

Lot No. 159........

87.10

Lot No. 162..

108.90

Lot No. 163.

87.10

Lots Nos. 164 and 167

500.95

Lot No. 165..............

217.80

Lot No. 168........

239.60

Lot No. 175

21.80

Lot No. 176...

108.90

Lots Nos. 177 and 214

196.00

Lots Nos. 178, 179, 205 and 210

304.95

Lot No. 187......

152.45

Lots Nos. 188, 191 and 195

413.85

Lot No. 196...

413.80

Lot No. 208...

43.55

Lot No. 209...

43.55

Lot No. 215..

108.90

and that the District Officer, South, a Government Officer, is hereby appointed to pay the compensation so awarded together with interest thereon as prescribed by the said Ordinance, at his office, and during Government office hours between 11 o'clock in the forenoon of Thursday, the 17th day of March, 1932, and 4 o'clock in the afternoon of Thursday, the 17th day of March, 1932. If no claim be made for the respective compen- sation money at the place, and within the time appointed the officer appointed as above will cause the monies unclaimed to be paid into the Treasury, and the provisions of section 16 (5) and (6) of the said Ordinance as to claims within five years, or transfer, thereafter, to the general revenue of the Colony, as the case may be, will apply to the said monies.

HAROLD T. CREASY,

Director of Public Works.

11th March, 1932.

232

THE HONG KONG GOVERNMENT GAZETTE, MARCH 18, 1932.

No. 162.

EXECUTIVE COUNCIL.

Hong Kong.

Rules made by the Governor in Council under section 16 of the Gunpowder and Fireworks Ordinance, 1901, Ordinance No. 14 of 1901, on the Tenth day of March, 1932.

RULES WITH REGARD TO THE STORAGE OF FIREWORKS.

1. In these rules, unless the context otherwise requires, premises" does not necessarily mean the whole of a building or block of buildings but means a building or portion of a building, or a shed, used and capable of being used as a self- contained store in accordance with these rules.

2. No person shall store any fireworks in any premises

where--

(a) paints, oils, petrol or other inflammable liquid, tar, pitch, resin, hay, straw, cotton, hemp, rattan shavings, or other combustible fibre or stock are manufactured or kept for sale or storage, or as stock-in-trade; or

(b) the trade or business of a carpenter shop or drug

store is carried on; or

(c) goods of light material of a combustible nature, other than safety matches, joss paper, joss sticks, flags, paper lanterns, paper balloons, decorations or newspapers are kept for sale or storage, or as stock-in-trade; or

(d) goods are stored in respect of which a licence under the Dangerous Goods Ordinance, 1873, is required; or

(e) any dutiable or duty-paid goods are kept for sale

or storage, or as stock-in-trade.

3. No fireworks shall be stored in any shed or single storey building that is not constructed throughout of fire- proof or fire-resisting materials approved by the Inspector General of Police.

4. No fireworks shall be stored otherwise than on the ground floor of a building having more than one floor: such ground floor shall be of fire-proof or fire-resisting materials throughout; and any stairs, staircase, stair-lining, or other communication or passage-ways through such ground floor, whether to other floors, or to portions or premises above or adjoining or alongside the same, shall be of fire-proof or fire- resisting materials throughout.

5. The following further requirements. restrictions and stipulations shall be observed and complied with in respect of any premises used for the storage of fireworks:

(a) exits, fitted with doors opening outward, shall be provided both to the front and rear; and

THE HONG KONG GOVERNMENT GAZETTE, MARCH 18, 1932. 233

(b) lighting shall be by incandescent electric lamps only. The wiring of all such lamps, if not fixed close to the ceiling or a wall, shall be encased in iron piping so as to fix the lamps in a rigid position and not lower than 7 feet from the floor. All such lamps shall be protected by strong glass shades which shall completely cover the lamp bulb; and

(d) no fireworks shall be exposed outside the premises, nor in any doorway or show window, nor near any open flame or fire, nor exposed to the direct rays of the sun. Glass showcases in which fireworks are kept shall not be placed in the direct rays of the sun; and

(e) no fireworks shall be kept in any fire-proof safe or strong room not specially constructed for fireworks; and

(f) the sign "FIREWORKS", in English block capitals and Chinese characters, not less than 7 inches high and painted in black letters on a red ground, shall be prominently exposed at all all times both inside and outside the premises; there shall also be exposed at all times, in close proximity to the Fireworks' sign, a

a "NO SMOKING" sign in similar letters and characters on a white ground; and

(g) the quantity of fireworks, exclusive of fireworks stored in a magazine as mentioned in regulation 6, shall not exceed 400 lbs. in weight.

6. Any quantity of fireworks in excess of 400 lbs. in weight shall be stored in a magazine, substantially built of brick, stone, iron and/or concrete, detached from any dwelling and set back at a distance of not less than 50 feet from any street, passage or other public place. Such magazines must be kept securely locked. In no circumstances will exposed iron and steel be permitted in the construction of such magazines.

7 The Inspector General of Police may allow modifica- tions of regulations 1 to 6 of these regulations, in his discretion up to the 31st day of December, 1932.

8. The person in charge of any premises where fireworks are now stored, and the person in charge of any premises in which it is intended to store hereafter any fireworks, shall notify the Inspector General of Police, in writing, forthwith, giving the name and address of such person and of the premises concerned.

9. It shall be lawful for any European member of the Police Force or of the Fire Brigade, and for any other person furnished with a certificate of his authorisation by the Inspector General of Police and/or the Chief Officer of the Fire Brigade at any time to enter and inspect any premises in

234

THE HONG KONG GOVERNMENT GAZETTE, MARCH 18, 1932.

which any fireworks are stored: The person at the time having charge of such premises shall give all reasonable facilities for such entry and inspection.

COUNCIL CHAMBER,

10th March, 1932.

No. 163.

D. W. TRATMAN,

Clerk of Councils.

Hong Kong.

ORDINANCE No. 36 of 1931 (LIQUORS).

In exercise of the powers conferred by section 36 of the Liquors Ordinance, 1931, the Governor in Council alters the Second Schedule to the said Ordinance as follows,--

Alteration.

Insert, next after the words "Chinese restaurant licence :- the words.-

"when the premises occupied are situated in the New Territories, other than New Kowloon, and a Chinese liquor shop licence is held in respect of such premises...

In all other cases-

$50

COUNCIL CHAMBER,

14th March. 1932.

D. W. TRATMAN,

Clerk of Councils.

234

THE HONG KONG GOVERNMENT GAZETTE, MARCH 18, 1932.

which any fireworks are stored: The person at the time having charge of such premises shall give all reasonable facilities for such entry and inspection.

COUNCIL CHAMBER,

10th March, 1932.

No. 163.

D. W. TRATMAN,

Clerk of Councils.

Hong Kong.

ORDINANCE No. 36 of 1931 (LIQUORS).

In exercise of the powers conferred by section 36 of the Liquors Ordinance, 1931, the Governor in Council alters the Second Schedule to the said Ordinance as follows,--

Alteration.

Insert, next after the words "Chinese restaurant licence :- the words.-

"when the premises occupied are situated in the New Territories, other than New Kowloon, and a Chinese liquor shop licence is held in respect of such premises...

In all other cases-

$50

COUNCIL CHAMBER,

14th March. 1932.

D. W. TRATMAN,

Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, MARCH 18, 1932. 235

No. 164.

Hong Kong.

ORDINANCE No. 36 of 1931 (LIQUORS).

In exercise of the powers conferred by section 38 of the Liquors Ordinance, 1931, the Governor in Council makes the following appointments,-

Appointments.

(1) The Government officer to exercise all the duties in connexion with the issue of Chinese liquor shop licences and Chinese restaurant licences, when the premises occupied are situated in the Northern District of the New Territories, shall be the District Officer.

(2) The Government officer to exercise all the duties in connexion with the issue of Chinese liquor shop licences and Chinese restaurant licences, when the premises occupied are situated in the Southern District of the New Territories, other than New Kowloon, shall be the Inspector General of Police.

COUNCIL CHAMBER,

14th March, 1932.

D. W. TRATMAN,

Clerk of Councils.

No. 165.

Order made by the Governor in Council under section 4 of the Societies Ordinance, 1920, Ordinance No. 8 of 1920, on the 17th day of March, 1932.

The Heung Kong Kiu Sheung Sz Wo Ch'eung Shang Yee Wui (香港僑商四和長生義會) is hereby declared to be an unlawful society.

boron

COUNCIL CHAMBER,

17th March, 1932.

D. W. TRATMAN,

Clerk of Councils.

236

THE HONG KONG GOVERNMENT GAZETTE, MARCH 18, 1932.

LEGISLATIVE COUNCIL.

No. 166.

LEGISLATIVE COUNCIL,

No. 3.

Thursday, 25th February, 1932, at 2.30 p.m.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir WILLIAM PEEL, K.C.M.G., K.B.E.).

His Excellency the General Officer Commanding the Troops, (Major-General JAMES

WALTER SANDILANDS, C.B., C.M.G., D.S.O.).

The Honourable the Colonial Secretary, (Mr. WILFRID THOMAS SOUTHORN, C.M.G.).

the Attorney General, (Mr. CHALONER GRENVILLE ALABASTER, K.C.,

O.B.E.).

the Secretary for Chinese Affairs, (Mr. EDWIN RICHARD HALLIFAX,

C.M.G., C.B.E.).

the Colonial Treasurer, (Mr. EDWIN TAYLOR).

Mr. HAROLD THOMAS CREASY, C.B.E., (Director of Public Works). Mr. EDWARD DUDLEY CORSCADEN WOLFE, C.M.G., (Inspector General

of Police).

Commander GEORGE FRANCIS HOLE, R.N. (Retired), (Harbour Master). Dr. ARTHUR ROBARTES WELLINGTON, (Director of Medical and Sanitary

Services).

Mr. WILLIAM EDWARD LEONARD SHENTON.

Mr. ROBERT HORMUS KOTEWALL, C.M.G., LL.D.

Mr. José PEDRO BRAGA.

Mr. Ts'o SEEN-WAN, O.B.E., LL.D.

Mr. CHARLES GORDON STEWART MACKIE.

Mr. JOHN JOHNSTONE PATERSON.

Mr. CHAU TSUN-NIN,

Mr. ROLAND ARTHUR CHARLES NORTH, (Deputy Clerk of Councils).

ABSENT:

The Honourable Sir HENRY EDWARD POLLOCK, Kt., K.C.

1. The Council met pursuant to adjournment. His Excellency the Governor

occupied the Chair.

MINUTES.

2. The Minutes of the Meeting held on the 11th February, 1932, were confirmed.

MOTIONS.

3. Industrial and Reformatory Schools Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to provide for and regulate Industrial and Reformatory Schools."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

4. Po Leung Kuk Incorporation Amendment Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to amend the Po Leung Kuk Incorporation Ordinance, 1893.'

The Colonial Secretary seconded.

THE HONG KONG GOVERNMENT GAZETTE, MARCH 18, 1932. 237

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

5. Chinese Temples Amendment Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to amend the Chinese Temples Ordinance, 1928."

The Colonial Secretary seconded.

Question--put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

6. Foreshores and Sea Bed Amendment Bill.-The Attorney General stated that the

Second and Third readings of the Bill would not be taken that day.

7. Estate Duty Bill.-The Attorney General moved that Council go into Committee. to consider the report of the Standing Law Committee and the Estate Duty Bill. Under Standing Order No. 27 section 14 permission was asked to substitute for the Bill as read a second time the Bill recommended by the Standing Law Committee.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

ADJOURNMENT.

8. The Council then adjourned until Thursday, the 10th day of March, 1932, at

2.30 p.m.

Confirmed this 17th day of March, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

W. PEEL,

Governor.

No. 167.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the KING, to the following Ordinance passed by the Legislative Council:-

Ordinance No. 6 of 1932.-An Ordinance to Provide for and Regulate Indus-

trial and Reformatory Schools.

THE HONG KONG GOVERNMENT GAZETTE, MARCH 18, 1932. 237

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

5. Chinese Temples Amendment Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to amend the Chinese Temples Ordinance, 1928."

The Colonial Secretary seconded.

Question--put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

6. Foreshores and Sea Bed Amendment Bill.-The Attorney General stated that the

Second and Third readings of the Bill would not be taken that day.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

ADJOURNMENT.

8. The Council then adjourned until Thursday, the 10th day of March, 1932, at

2.30 p.m.

Confirmed this 17th day of March, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

W. PEEL,

Governor.

No. 167.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the KING, to the following Ordinance passed by the Legislative Council:-

Ordinance No. 6 of 1932.-An Ordinance to Provide for and Regulate Indus-

trial and Reformatory Schools.

238

THE HONG KONG GOVERNMENT GAZETTE, MARCH 18, 1932.

HONG KONG.

No. 6 OF 1932

I assent.

W. PEEL,

L.S.

Governor.

18th March, 1932.

An Ordinance to Provide for and Regulate Industrial and

Reformatory Schools.

[18th March, 1932.]

Short title.

Interpreta- tion.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Industrial and Reformatory Schools Ordinance, 1932.

2. "Youthful offender" means any person who, in the absence of legal proof to the contrary, is, in the opinion of the court before whom such person is brought or appears, seven years of age or upwards and under the age of sixteen years.

"Order of detention" means an order of detention made in pursuance of this Ordinance.

"Parent", when used in relation to a youthful offender, includes a guardian and any other person legally liable to maintain such youthful offender.

"Expenses", when used in relation to a person detained under an order of detention, includes the expenses of or in connection with the custody, industrial training, education and maintenance of the person.

actual

"Industrial training" means actual employment in agriculture or horticulture or training in some branch of useful industry.

"Manager" includes the superintendent, manager or managers of any reformatory school established by the Government and the director, manager, superintendent or other person having the management or control of any certified industrial school.

"Certified Industrial School" means any school or institution certified by the Governor under this Ordinance.

"Reformatory School" means any school or institution. established by the Government under the provisions and for the purposes of this Ordinance.

ན!

"Visitor" means any person appointed by the Governor under this Ordinance to be a visitor of any reformatory or certified Industrial School.

THE HONG KONG GOVERNMENT GAZETTE, MARCH 18, 1932.

Certified Industrial Schools.

of industrial

3. The Governor in Council may, upon the application Certification of the manager of any school or institution in which indus- schools. trial training is provided, and in which children are fed, clothed and lodged as well as taught, certify by writing under the hand of the Governor that the school or institution is

fit for the reception of youthful offenders to be sent there under this Ordinance, and thenceforth the school or institu- tion shall be deemed a certified industrial school.

may make

4.--(1) The manager of a certified industrial school may Manager make all necessary Rules not repugnant to this Ordinance for rules subject the regulation and management of the institution under his to the charge.

(2) No such Rules shall be enforced until they have been submitted to and approved of by the Governor in Council.

approval of the Governor in Council.

conditions.

5.-(1) A report of the condition and management of Report on every certified industrial school shall be made to the Governor in Council at least once in each year by such person as the Governor appoints.

(2) If after his report the Governor in Council is dis- Withdrawal satisfied with the condition and management of the school of certificate. he may withdraw his certificate, and upon notice in writing

of such withdrawal having been given to the manager there- of the school shall cease to be a certified industrial school from such time as is specified in such notice.

his executors

6.-(1) The manager of any certified industrial school Manager or may, upon giving six months', and the executors and or adminis- administrators of a deceased manager may upon giving one trators may month's, previous notice in writing of his or their intention certificate. so to do, relinquish the certificate given to such school.

(2) At the expiration of six months or one month, as the case may be, from the date of such notice, unless before that time the notice is withdrawn. the certificate shall be deemed to be relinquished.

relinquish

7. The manager of a certified industrial school may Privilege &

liability of decline to receive any youthful offender proposed to be sent managers. to him under this Ordinance, but when he has once received him shall be deemed to have undertaken to educate, clothe, lodge and feed him during the whole period for which he is liable to be detained in the school, or until the withdrawal or relinquishment of the certificate takes effect, or until the contribution by Government towards the custody and main- tenance of the youthful offender detained in the school is dis- continued, whichever first happens.

⚫

withdrawal

certificate.

8.-(1) Whenever the certificate is withdrawn from or Effect of relinquished by the manager of a certified industrial school, or relinquish- no youthful offender shall be received into such school under ment of this Ordinance after the date of the receipt by the manager of the school of the notice of withdrawal, or after the date of the notice of relinquishment, as the case may be.

239

240

THE HONG KONG GOVERNMENT GAZETTE, MARCH 18, 1932.

Regulations

as to re-

mission of

sentences.

Governor

may

(2) The obligation of the manager to educate, clothe, lodge and feed any youthful offender in the school at the respective dates aforesaid shall, excepting so far as the Governor otherwise directs, be deemed to continue until the withdrawal or relinquishment of the certificate takes effect, or until the contribution by Government towards the custody and maintenance of the youthful offender detained in the school is discontinued, whichever first happens.

(3) When the withdrawal or relinquishment of the certifi- cate of an industrial school takes effect, the children detained therein shall be, by order of the Governor, either discharged or transferred to some other certified industrial school or to a reformatory school.

(4) A notice of the grant of any certificate to an industrial school or of the withdrawal or relinquishment of such certificate shall forthwith be inserted, by order of the Governor, in the Gazette.

9. The Governor in Council may make regulations for the remission of the sentences of persons detained in certified industrial schools.

Government Reformatory Schools.

10.-(1) The Governor in Council may, by order to be published in the Gazette, establish one or more reformatory reformatory schools for the reformation of youthful offenders.

establish

schools.

Any prison

(2) Every such order shall specify the premises in which the reformatory school to which it refers shall be established, and shall state whether the same shall be used for male or female offenders or both.

11. The Governor in Council may declare any existing or future prison or part thereof to be a reformatory school be declared a within the meaning and for the purposes of this Ordinance.

or part thereof may

reformatory

school.

Governor

　　　　12. The Governor may appoint to every reformatory may appoint school a superintendent or manager and such other officers, reformatory either male or female, as may be deemed necessary, and allow schools. to the said officers such remuneration as he thinks proper.

officers to

Governor may make regulations

for re- formatory schools.

13. The Governor in Council may make regulations for the management of every reformatory school so established as aforesaid, for the maintenance of order and discipline of the persons detained therein as well as of the officers thereof and for the remission of the sentences of persons detained there-

in.

Visitors.

Fowers and duties of visitors.

Visitors.

14. The Governor may appoint one or more fit and proper person or persons to be the visitor or visitors of reformatory or certified industrial schools, and may remove every such visitor and appoint another in his stead.

15.-(1) Every person so appointed and every Judge of the Supreme Court, Member of the Executive or Legislative Council or Magistrate may enter at all times any reformatory or certified industrial school, and may make such inquiries or examination therein as to him appears necessary, and also make such reports as are required by the Governor.

THE HONG KONG GOVERNMENT GAZETTE, MARCH 18, 1932.

(2) Any manager who at any time refuses admittance to Penalty for obstructing any such visitor, or to any Judge of the Supreme Court, or visitors and to any Member of the Executive or Legislative Council, or others having to any Magistrate, or offers to him any hindrance or inspection. obstruction, shall be liable on summary conviction to a fine not exceeding fifty dollars.

Youthful Offenders.

the right of

and certified

16. Every reformatory school and every certified indus- Reformatory trial school shall be a lawful place of detention for such schools law- youthful offenders as are ordered to be detained therein, and ful places shall be subject to be inspected and reported on as herein provided.

of detention.

Detention.

17.-(1) When a youthful offender is convicted before Order of any court of an offence punishable, in the case of an adult, by fine or imprisonment the court may, in addition to or in lieu of sentencing him according to law to any other punish- ment, order such offender to be sent to a reformatory or certified industrial school there to be detained for any period not less than two and not longer than five years and not being in any case longer than until such offender attains the age of eighteen years; Provided that the offender shall not in addition be sentenced to imprisonment.

(2) Where such an order has been made in respect of a youthful offender of the age of fourteen years or upwards, and no reformatory or certified industrial school can be found the managers of which are willing to receive him, the Governor may order the offender to be brought before the court which made the order or any court having the like jurisdiction, and that court may make such order or pass such sentence as the court may determine, so however that the order or sentence shall be such as might have been originally made or passed in respect of the offence.

(3) The court may in addition to making an order of detention under the foregoing subsections make an order that the youthful offender be placed under the supervision of a probation officer.

(4) The Court making an order of detention may of its own motion, or on the application of any person, from time to time by order renew, vary or revoke any such order; and may by an order of detention fix a date when such order shall come up before the court for consideration.

(5) An order of detention made in pursuance of this sec- tion may, if the court think fit, be made to take effect either immediately or at a later date specified therein, regard being had to the age or health of the youthful offender.

(6) If-

(a) an order of detention is made but is not to take

effect immediately; or

(b) at the time specified for the order to take effect the youthful offender is unfit to be sent to a reformatory or certified industrial school; or (c) the school to which the youthful offender is to be sent cannot be ascertained until inquiry has been made;

241

242

THE HONG KONG GOVERNMENT GAZETTE, MARCH 18, 1932.

Religious persuasion

the court may make an order committing him either to custody in any place to which he might be committed on remand or to the custody of a relative or other fit person or institution named by the court and he shall be kept in that custody ac- cordingly until he is sent to a reformatory or certified industrial school in pursuance of the order of detention.

18. In selecting the place of detention to which a youthful offender is to be sent the court shall have regard, so far as practicable, to the religious persuasion of the youthful considered. offender..

of offender to be

Duties and powers of manager.

Discharge

19.-(1) It shall be the duty of the manager of a reformatory or certified industrial school to report to the Governor immediately he considers it would be consistent with the welfare of a youthful offender for him to be discharged from the custody of the school.

(2) The manager of a reformatory or certified industrial. school to which a youthful offender under the age of ten years is sent, may, with the consent of the Governor, board the offender out with any suitable person until he reaches the age of ten years and thereafter for such longer period, with the consent of the Governor, as the manager considers to be advisable in the interests of the offender, subject to the exercise by the manager of such powers as to supervision, recall and otherwise as may be prescribed by rules made by the Governor in Council; and where an offender is so boarded out he shall nevertheless be deemed for the purposes of this Ordinance to be a youthful offender detained in the reforma- tory or certified industrial school, and the provisions of this Ordinance shall apply accordingly, subject to such necessary adaptions as may be made by order of the Governor in Council.

20.--(1) The Governor may at any time discharge a of offender. youthful offender from the custody of any reformatory or certified industrial school, or order such youthful offender to be removed from one school to another or from a school of one class to a school of another class, but so that the period of detention originally prescribed by the order of detention shall not be increased by such removal.

(2) The discharge of a youthful offender under the fore- going sub-section may be on licence and the licence may be in such form and may contain such conditions as the Governor may direct and the Governor may at any time revoke or vary the conditions of a licence.

(3) Where a licence has been revoked the youthful offen- der to whom the licence related shall return to such place as the Governor may direct, and if he fails so to do may be apprehended without warrant and taken to that place.

(4) On the revocation of a licence, any obligation to contribute to the expenses of the youthful offender shall revive and be in force during the period for which the youthful offender is detained.

(5) The discharge of a youthful offender under the pro- visions of this section shall not affect any order placing him under the supervision of a probation officer.

THE HONG KONG GOVERNMENT GAZETTE, MARCH 18, 1932.

Power to apprentice youthful offender.

apprentice

21. (1) The manager of a reformatory or certified Power to industrial school may, if the youthful offender consents there- Offender. to and with the approval of the Governor, bind any youthful offender detained under this Ordinance as an apprentice not- withstanding that his period of detention has not expired.

(2) Any youthful offender who is bound as aforesaid and who absconds from the service of his master shall be liable to be arrested without warrant and brought before a court of competent jurisdiction and shall be liable to imprisonment for any term not exceeding three months and may be ordered by the court to return to the place in which he was detained before his apprenticeship there to complete his period of detention, provided that such youthful offender shall not be detained longer than until he attains the age of eighteen years.

243

Expenses of Certified Industrial Schools.

industrial

22. (1) The Governor in Council may order the pay- Expenses of ment from the Colonial Treasury of such sums of money and certified upon such conditions as he thinks fit towards the alteration, schools. enlargement, rebuilding or equipping of a certified industrial school, or towards the purchase of any land required for the use of an existing certified industrial school, or for the site. of any school intended to be a certified industrial school.

(2) No payment for the alteration, enlargement, equip- ment, establishment or building of a certified industrial school or intended certified industrial school, or for the purchase of land, shall be ordered or made unless previously approved by resolution of the Legislative Council.

Expenses of youthful offenders.

managers.

23. The Governor or any person appointed by him may Power to contract with the manager of any certified industrial school contract with for the reception and maintenance therein of any youthful offender in consideration of such payments as are agreed on.

offenders.

24.-(1) Any court having power to order a youthful Expenses of offender to be sent to a reformatory or certified industrial school shall have power to make orders on the parent of the youthful offender to contribute for the whole or any part of the expenses of the youthful offender during the period of detention such sums as the court may think fit and may of its own motion, or on the application of any person, from time to time revoke or vary such orders or remit wholly or partially any payment ordered to be made under this section.

(2) Any such order may be made on the complaint or application of the manager of the reformatory or certified industrial school to which the youthful offender is ordered to be sent or on the complaint or application of the Inspector General of Police and either at the time when the youthful offender is ordered to be sent to the reformatory or certified industrial school or subsequently, and the sums ordered to be contributed shall be paid to such persons as the court

may name.

244

THE HONG KONG GOVERNMENT GAZETTE, MARCH 18, 1932.

Punishment

(3) A court having power to make an order for contribu- tion under this section may issue an order requiring the parent to attend and show cause why an order for contribution should not be made, and an order for contribution under this section may be made on a parent who, having been required to attend, has failed to do so, but, save as aforesaid, no such order shall be made without giving the parent or guardian an op- portunity of being heard.

(4) A court making an order for contribution under this section shall have regard to the means of the person on whom such order shall be made.

(5) Any sums ordered to be contributed by a parent under this section may be recovered from him by distress or imprisonment in like manner as if the same were a fine legally imposed on him by the Court.

(6) Where an order for contribution has been made under this section the person on whom such order has been made shall give notice of any change of address to the Inspector General of Police and, if he fails to do so without reasonable excuse, he shall be liable on summary conviction to a fine not exceeding One hundred dollars.

Offences in relation to Reformatory and Certified Industrial Schools.

　　　　25. Any youthful offender detained in a reformatory of refractory or certified industrial school who-

offender.

Escape of offender.

Prosecution of detained

person com- mitting offence.

(a) wilfully neglects or wilfully refuses to conform

to the rules thereof; or

(b) is guilty of wilful insubordination against the

discipline thereof;

shall be liable to be punished in the manner prescribed by the rules of the said reformatory or certified industrial school.

26. Any youthful offender detained in a reformatory or certified industrial school who escapes therefrom may, at any time before the expiration of his period of detention, be apprehended without warrant and brought back to the place. in which he was detained there to complete his period of detention, provided that such youthful offender shall not be detained longer than until he attains the age of eighteen

years.

27. (1) Any youthful offender who during his period of detention in a reformatory or certified industrial school commits any crime or offence against the laws of the Colony shall be liable to be prosecuted before the courts of the Colony on account of such offence.

(2) If found guilty and sentenced to imprisonment on account thereof, he shall, after completing the term of such imprisonment, be taken back to the reformatory or certified industrial school wherein he was detained or such other reformatory or certified industrial school as the Governor may direct there to complete his period of detention, provided that such youthful offender shall not be detained longer than until he attains the age of eighteen years.

Penalties for sa assisting escape.

28. Any person who-

(a) Knowingly assists or induces, directly or indirect- ly, a youthful offender to escape from any reformatory or certified industrial school where- in he is detained; or

THE HONG KONG GOVERNMENT GAZETTE, MARCH 18, 1932. 245

(b) knowingly harbours, conceals or prevents from returning to such reformatory or certified indus- trial school any youthful offender who has escaped therefrom or knowingly assists in so doing;

shall be liable on summary conviction to a fine not exceeding two hundred and fifty dollars or to imprisonment for any term not exceeding six months.

General

as to

detained.

29.-(1) The order of detention made by a court in Provisions pursuance of which a youthful offender is sent to a reforma- custody of tory or certified industrial school shall be in writing under person the hand of the presiding magistrate and the seal of the court and shall be delivered with the youthful offender to the manager of the reformatory or certified industrial school and shall be sufficient authority for his detention therein, or in any other place to which he is transferred in pursuance of this Ordinance, in accordance with the tenor thereof.

(2) A youthful offender whilst so detained and whilst being conveyed to and from a reformatory or certified indus- trial school shall be deemed to be in legal custody and if he escapes may be apprehended without warrant and taken to the place wherein he was detained or to or from which he was being conveyed.

(3) Every officer of a reformatory or certified industrial school authorised by the manager thereof or by the court to take charge of any youthful offender ordered to be, detained under this Ordinance, for the purpose of conveying him to or from the school or of apprehending and bringing him back to the school in case of his escape or refusal to return, shall for that purpose and while engaged in that duty have all the powers, protection and privileges of a police constable.

30. (1) Every order, authority or direction which by Orders the provisions of this Ordinance may be given by the Governor of the shall be in writing.

(2) A copy under the hand of the Colonial Secretary shall be evidence of any such order, authority or direction purporting to be contained therein until the contrary is shown.

Governor.

31.--(1) The production of the order, warrant of other Presump- document, in pursuance of which a child is directed to be tions. sent to a reformatory or certified industrial school, or com- mitted to the care or custody of a society or institution, with a statement endorsed thereon or annexed thereto purporting to be signed by the manager to the effect that the child named therein was duly received into and is at the date of the signing thereof detained in such school, or by the secretary of such society or institution to the effect that such child was duly taken into the custody or care of such society or institution and is at the date of signing thereof still in their care or custody, or has been otherwise dealt with according to law, shall in all proceedings relating to such child be prima facie evidence of the identity and of the lawful detention or disposal of the child named in such order, warrant or other document.

246

THE HONG KONG GOVERNMENT GAZETTE, MARCH 18, 1932.

Evidence of

(2) A school to which any youthful offender is ordered to be sent in pursuance of this Ordinance shall, until the contrary be proved, be presumed to be a reformatory or certified industrial school within the meaning of this ordi-

nance.

32. (1) The production of the Gazette containing a certification, notice of the grant or withdrawal of the certificate by the Governor to or from an industrial school, or of the relinquish- ment of such certificate, shall be sufficient evidence of the fact of a certificate having been duly granted to or withdrawn from the school named in the notice or reliquished by the manager thereof.

Service

of notice.

Order not to be invalidated by subse-

quent proof

of age.

Power to

tions.

(2) The grant of a certificate to an industrial school may be proved by the production of the certificate itself or of a copy of the same purporting to be signed by the Colonial Secretary.

(3) A copy of the rules of a reformatory or certified industrial school purporting to be signed by the Clerk of Councils, shall be evidence of such rules in all legal pro- ceedings whatsoever.

33. Any notice required to be given to a manager of a reformatory or certified industrial school may be served on him by being delivered personally to him or by being sent by post or otherwise in a letter addressed to him at the school..

34. Where a person charged with an offence is brought before a court and it appears to the court that he is above the age of seven and under the age of sixteen years an order or judgment of the court shall not be invalidated by any subsequent proof that the age of that person has not been correctly stated or presumed or declared by the court, and the age presumed or declared by the court to be the age of the person so brought before it shall, for the purposes of this Ordinance, be deemed to be the true age of that person; and where it appears to the court that the person so brought before it is of the age of sixteen years or upwards, that person shall for the purposes of this Ordinance be deemed not to be a youthful offender.

35. The Governor in Council may by order make regula- make regulations for carrying this Ordinance into effect, and in particular for prescribing the forms to be used for the purpose of legal proceedings thereunder or otherwise.

Saving.

Repeal of Ordinance

No. 11 of 1901,

Commence-

ment.

36. Save in so far as other provision is expressly made in this Ordinance, nothing in this Ordinance shall be deemed to affect any other law relating to children or young persons.

37. The Reformatory Schools Ordinance, 1901, is repealed.

38. This Ordinance shall come into force on such date as may be fixed by proclamation of the Governor.

Passed the Legislative Council of Hong Kong, this 17th day of March, 1932.

R. A. C. NORTH, Deputy Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, MARCH 18, 1932.

247

No. 168.

Hong Kong.

Resolution made and passed by the Legislative Council on the 17th day of March, 1932, under section 39 of the Liquors Ordinance, 1931, Ordinance No. 36 of 1931.

RESOLVED under section 39 of the Liquors Ordinance, 1931, that the Resolution of the 22nd day of October, 1931, assessing the duty to be paid on spirituous liquors other than intoxicating liquors be rescinded and that duty be assessed and paid on such spirituous liquors in accordance with the following table :-

TABLE.

Per gallon.

On perfumed spirits and toilet preparations other than spirituous liquors classified by the Superintendent as Medicated Spirits

...$10.00

On Medicated Spirits classified by the Super-

intendent as such

(a) containing more than 10% by weight

of pure alcohol but less than 21%...$ 2.50 (b) containing 21% by weight of pure

alcohol but less than 38%

.$ 5.00

alcohol but less than 63%

...$ 7.50

weight of pure alcohol ...

...$10.09

(d) containing not less than 63% by

Provided that the dollars and decimals thereof stated m the Table shall be conventional dollars reckoned as the equivalent of one shilling and eightpence sterling; and consequently to arrive at the actual amount payable in Hong Kong currency the conventional dollar stated in the Table shall be multiplied by 20 and divided by a figure settled by the Colonial Treasurer from time to time representing the average opening selling rates for the previous month of the Hong Kong and Shanghai Banking Corporation for demand drafts on London and until so settled the figure shall be 17.24.

COUNCIL CHAMBER,

17th March, 1932.

R. A. C. NORTH, Deputy Clerk of Councils.

248

THE HONG KONG GOVERNMENT GAZETTE, MARCH 18, 1932.

APPOINTMENTS, &c.

No. 169. His Excellency the Governor has been pleased to appoint Mr. THOMAS MAYNARD HAZLERIGG, M.C., to act as Crown Solicitor during the absence on leave of Mr. HAROLD KENNARD HOLMES, C.B.E., with effect from the 12th March, 1932.

15th March, 1932.

No. 170.-His Excellency the Governor has been pleased to appoint Dr. DOUGLAS JAMES VALENTINE to act as Deputy Director of Medical and Sanitary Services during the absence on leave of Dr. WILLIAM BROWNLOW ASHE MOORE, with effect from 15th March, 1932.

15th March, 1932.

No. 171.-His Excellency the Governor has been pleased to appoint, under the provisions of section 10 of the Medical Registration Ordinance, 1884, Ordinance No. 1 of 1884, Mr. MAURICE MURRAY WATSON to be a Member of the Medical Board, vice Mr. GEORGE GWINNETT NOBLE TINSON, resigned, with effect from the 5th March, 1932.

18th March, 1932.

No. 172. It is hereby notified that during the absence on leave of Senhor WALDEMAR DE ARAUJO, Vice Consul for Brazil in Hong Kong, Mr. FAUSTINO ANTONIO XAVIER will act as Honorary Vice-Consul in charge of the Brazilian Consulate.

18th March, 1932.

NOTICES.

COLONIAL SECRETARY'S DEpartment.

No. 173. It is hereby notified that the undermentioned street will, in future, be known by the name indicated against it :-

DESCRIPTION.

PROPOSED NAME.

CHINESE VERSION.

Road commences from Austin Road, dividing K.I.L. 360 and runs due North, termi- nating at Min Street between K.I.Ls. 1696 and 1697

18th March, 1932.

Kwun Chung Street. 官涌街

W. T. SOUTHORN,

Colonial Secretary.

THE HONG KONG GOVERNMENT GAZETTE, MARCH 18, 1932.

COLONIAL SECRETARY'S DEPARTMENT.

No. 174. The following is published for general information.

18th March, 1932.

HONG KONG.

No. 45.

W. T. SOUTHORN,

Colonial Secretary.

DOWNING STREET,

11th February, 1932.

249

Sir,

I have the honour to inform you that, after very careful consideration, I have decided to assimilate the system of recruitment for the Cadet Services of Malaya and Hong Kong to that in force for the Colonial Service generally. An announcement this effect, of which I enclose a copy,* appeared in the press on January 26th.

2. As a consequence of this decision, which was taken after consultation with the Civil Service Commission and the Colonial Service Appointments Board, and with the concurrence of both bodies, candidates for the Cadet Services in the above mentioned Colonies will in future be selected on the recommendation of the Colonial Service Appointments Board instead of, as hitherto, according to the results of the competitive examination held by the Civil Service Commission for the Home and Indian Civil Services. The position of Ceylon is special and will be separately considered in con- sultation with the Governor. In the meantime the postponement of a decision in regard to that Island will have no immediate practical effect since the recruitment of Europeans for the Civil Service is at present suspended.

3. I realise that there may be some who will regret this decision as marking a break with a long and honourable tradition. I sympathise with that regret, and I would hasten to assure you that my decision was not based on any failure to appreciate the valuable services which have been rendered in the past, and are being rendered today, by men who have entered the Cadet Services through the competitive examination. Many of them, I am aware, have achieved distinction not only in the Eastern Colonies but in other parts of the Colonial Empire, to whose general development members of the Cadet Services have materially contributed.

4. At the same time it is essential to take account of the great changes which are so rapidly taking place in the Colonial Empire as a whole. It is necessary also to remember that the whole problem of recruitment at home has of recent years been considerably modified, on the one hand by economic forces arising out of the war, and on the other by the development of fresh alternative careers now open to the class of man which the Colonial Service desires to attract. In deciding to discontinue the com- petitive examination, I have been looking not at the past but to the future.

5. At a time when the Colonial Empire consisted of scattered units, separated from each other and from this country by distances which the modern methods of communication had not yet bridged, and when the administration of many of these units was still in the pioneering stage, it was not unnatural that recruitment for the older Administrations of

Governor

SIR WILLIAM PEEI, K.C.M.G., K.B.E.,

etc.,

* Not printed.

250

THE HONG KONG GOVERNMENT GAZETTE, MARCH 18, 1932.

Ceylon, Malaya and Hong Kong should be linked to that of the Home and, especially, the Indian Civil Services with which they had most in common. As a natural corollary to the rapid development of the Colonial Empire as a whole in recent years, corresponding changes and developments have taken place in the importance, character, and require- ments of the general Colonial Service. In consequence the Services of the Eastern Colonies have now to be considered in relation to that general Service, and their affinity with it, rather than with the Indian and Home Services, is daily becoming closer.

6. Whatever may have been the case in the past, the qualifications demanded in candidates for administrative posts in the Colonial Service do not now differ in any essential feature in whatever part of the Colonial Empire they may be required to serve. In recruiting men of the same type for the same kind of work and in the same market, it is clear that the best interests of all the Administrations concerned lie in presenting a single united appeal to the type of candidates they wish to attract. The prestige of a Colonial Service, entered by one uniform channel and presenting opportunities world wide in their scope, must eventually be far greater than that of a number of relatively small Services with no co-ordinated method of recruitment; and the Colonial Empire as a whole has become of such importance, that no step which will enhance the prestige and efficiency of the Service which administers it can safely be neglected.

　　　　7. There were therefore the strongest grounds for adopting a single channel of appointment to posts of the same type in the Colonial Empire. It remained to consider what this channel should be, and at what stage the change should be introduced. I found that the overwhelming weight of experience and argument was in favour of the selection system. For various reasons, which I need not elaborate here, the. adoption of the examination system would have been impracticable for the Colonial Service as a whole, however satisfactory it may have been in meeting the relatively small requirements. of the Cadet Services. Moreover, the Committee of the Colonial Office Conference of 1930, which examined the question of the unification of the Colonial Service, explicitly deprecated the extension of the examination system beyond the areas in which it was then in force. On the other hand, the testimony of the Warren Fisher Committee to the success of the selection system and the fact that, as a result of that Committee's report, the selection system has been placed on a settled and permanent basis--and has been protected against suspicion on the score of partiality or unfairness, if any such suspicion there were, by the institution of the Colonial Service Appointments Board-led almost inevitably to the conclusion that, if a single method of entry were adopted, that method should be the selection system.

　　　　8. While the obvious advantage of this system lies in its peculiar adaptability for securing men endowed with those necessary qualities of character and temperament which are not readily amenable to the test of a written examination, it should not supposed that the introduction of the system need involve any departure from the high standards of intellectual ability and academic distinction which are admittedly character- istic of the services recruited in past years by the competitive examination. Under the selection system a judicious scrutiny of the academic records and attainments of the candidate enables a close assessment to be made of his intellectual qualifications; and the educational records of recent applicants show that the Services already recruited by the selection system are now attracting young men of real ability who, from this point of view apart from any other, are fully able to stand comparison with those obtainable through the examination. With the added prestige which the Colonial Service will gain from presenting a single appeal to candidates. I am confident that there is every expecta- tion that the standard already reached will be maintained and even raised.

9. On the other hand, the pressure of financial considerations tends nowadays greatly to enhance the attractiveness of any profession or service which offers a career as soon as possible after the conclusion of a University course and which does not impose any additional hazard such as a severe ad hoc examination, involving delay and, in some cases, additional expense. In this respect there is a marked difference between post- war and pre-war conditions. In view of this and of the remarkable increase in the prestige and popularity of the main Colonial Service, which does not impose any academic test apart from those provided by the ordinary University curriculum, there are strong grounds for supposing that, were the Eastern Colonies to retain the examination, they would, as time went on, find their field of choice seriously restricted as compared with that at the disposal of the rest of the Service.

THE HONG KONG GOVERNMENT GAZETTE, MARCH 18, 1982. 251

　　10. It will be seen therefore that under the conditions of today, the adoption of a common method of entry for the whole Service is likely to prove generally advantageous, not only to the Colonial Service as a whole, but to each of its component elements. It is further clear that the two main arguments used in the past for the retention of the competitive examination, i.e. (i) that the selection system was difficult to defend against charges of partiality and (2) that it did not produce a sufficiently high standard of intellectual ability, can no longer be substantiated. On the other hand the selection system has been proved to possess distinct advantages both in widening the field of choice and in enabling weight to be given more easily to qualifications which are of great importance in the candidates to be selected. The results of the change can, of course, only be judged from experience, but I feel that there is every reason to look upon the future with confidence.

　　11. Assuming then that the change was to be made, there were convincing argu- ments for making it immediately. In the ordinary way I should have wished to give as long notice as possible of such a decision but it was brought to my notice that the temporary reduction of other openings for young men, owing to the existing financial depression, would enable the selection of candidates for the Colonial Service in 1932 to be carried out under peculiarly favourable conditions, and that the initial difficulties which must inevitably attend any radical change of system would thus be reduced to a minimum. On the other hand, should the change be postponed, it was quite possible that an exceptionally favourable opportunity for establishing the position of the Colonial Service as a first class career might have been missed. I did not feel justified in taking so serious a risk and accordingly felt it necessary to treat the matter as one of urgency and to announce the change in time for it to be introduced in connection with the selection of candidates in 1932.

　　12. As this despatch will, no doubt, be of interest to officials and to members of the public in the territories immediately affected by the decision, I have to request that it may be published locally in such a manner as may commend itself to you.

I have the honour to be,

Sir,

Your most obedient,

humble servant,

(Sgd.) P. CUNLIFFE-LISTER.

242

THE HONG KONG GOVERNMENT GAZETTE, MARCH 18, 1932.

ROYAL OBSERVATORY.

DATE.

　　　　No. 175-Extract of Meteorological Observations made at the Royal Observatory, Hong Kong, during the month of February, 1932.

BAROMETER

AT M.S.L.

TEMPERATURE.

HUMIDITY,

Max.

Mean. Min.

Rel.

Abs.

CLOUDINESS.

SUNSHINE.

WIND.

RAIN.

Mean

Dir.

Vel.

Miles

February

ins.

p. e.

ins.

p. c.

hrs.

ins.

Points.

p.h.

30.04

70.3 66.0

69.4 64.9

61.6

0.47

E by S

8.6

63.7

.49

1.7

E by S

16.6

.03

66.7

64.1

62.2

5.8

29.7

4..

29.98

62.1 69.3

56.1 85

•45

100

0.940

ENE

14.1

5..

30.14

57.9

54.9

52.4

.32

100

0.010

N by E

10.6

6..

.18

58.4

56.2

53.1

·34

3.9

...

ENE

20.3

7..

.05

58.8

57.0 55.7

•40

100

0.015

E by N

26.4

8..

.01

62.5 59.2

54.8

100

0.715

14.5

9..

55.7

49.9

46.7

.27

0.2

0.070

N by W

6.7

.21

10..

54.3

49.1

45.1

.22

0.7

N by W

5.3

.25

57.8

54.0 47.9

.29

9.7

E by N

15.8

.22

[ 2

62.3

59.3

55.6 75

-38

5.9

17.8

13..

66.1

62.5 60.4

·44

2.1

15.9

14,

.15

63.1 61.7

59.8 82

•45

0.6

0.020

E by N

14.2

15..

.20 66.4

60.6 56.6

.38

5.7

0.010

6.9

16..

.23

60.1

59.0 58.0

.34

0.9

ENE

15.3

17..

.27 59.6 57-4

55.1

.35

2.5

E by N

21.7

18..

.30

56.2

54.5

52.4

.31

7.8

19..

.27 60.0

56.4

53.2

-33

3.6

E by N

10.7

20..

.20

63.0

58.6

55.9

.37

3.1

II.2

21..

.06

66.9

61.2 57.5

4.3

13.1

22..

.00

74.9

65.5 59.8 81

.51

5.5

E by S

5.7

23,

.08 62.3

60.1 58.8 79

·41

2.7

0.005

E by N

28.7

24..

.12

59.3

55.0

46.8 $4

.36

100

0.150

ENE

16.3

25..

.27

52.4

49.4 44.3 56

.20

0.005

N by E

9.8

26..

.25 53.2

50.7 46.7

.24

100

0.125

NE by N

11.0

27..

.29

47.9 45-7

43.7

.25

0.470

N by E

9.3

28..

.34

57.0 50.5

44.4

.20

8.7

N by E

9.6

29.....

.34 60.9 53.0 46.6

.19

10.7

NE by N

6.9

Mean,

17 60.9 57.

53.6

0.36

79.7

2.535

ENE

13.8

MEANS AND EXTREMES FOR FEBRUARY:-

Maximum,. Normals,

30.30

Minimum,

68.6 63.6 59.9 30.13 63.0 58.9 55.4 78 30.00 56.4 53.6 50.5

0.21

0.49 98 0.40 76

241.7 95.4

7.945

17.0

1.785

E by N

13.9

22.3

0.000

10.8

　　　　　The rainfall for the month of February at the Botanical Gardens was 2ins. 75 on 11 days, at the Matilda Hospital, Mount Kellett, it was 2 ins. 49 on 9 days, at Fanling, 2ins. 96 on 7 days, and at the Police Station, Taipo, 3ins. OS on 10 days.

The lowest reading of the barometer (M.S.L.) was 29ins. 918 at 15h.50m. on the 8th.

　　　　　The maximum gust velocity of the wind, as recorded by the Dines-Baxendell anemograph, was at the rate of 50 miles per hour at 8h. 19m. on the 3rd.

12th March, 1932.

T. F. CLAXTON,

Director.

THE HONG KONG GOVERNMENT GAZETTE, MARCH 18, 1932.

SUPREME COURT.

253

No. 176. The offices of the Supreme Court will be open daily from 10 a.m. to 1 p.m. during the Easter vacation, except on public and general holidays, when the offices will be entirely closed. The Easter vacation begins on the 25th day of March, 1932, and terminates on the 31st day of March, 1932, (both days inclusive).

16th March, 1932.

E. P. H. LANG,

Registrar.

SUPREME COURT.

　　　No. 177.-It is hereby notified that at the expiration of three months from the date hereof The INDUSTRIAL DEVELOPMENT ELROADMILL COMPANY, LIMITED will, unless cause is shewn to the contrary, be struck off the register and the company will be dis- solved.

18th March, 1932.

E. P. H. LANG,

Registrar of Companies.

SUPREME COURT.

No. 178. It is hereby notified that the name of The KowLOON TONG AND NEW TERRITORIES DEVELOPMENT COMPANY, LIMITED, has been struck off the Register.

18th March, 1932.

E. P. H. LANG,

Registrar of Companies

LAND REGISTRY OFFICE.

　　　No. 179.-It is hereby notified for general information that a Memorial of Re-entry by the Crown on Inland Lot No. 1295 has been registered according to law.

18th March, 1932.

PHILIP JACKS,

Land Officer

254

THE HONG KONG GOVERNMENT GAZETTE, MARCH 18, 1932.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　No. 180.-It is hereby notified that the registration of the following trade marks has expired and that they will be removed from the Register of Trade Marks on the 19th April, 1932, unless the prescribed fees for renewal of registration are paid before that date:-

Number of Trade Marks.

No. 22 I, III, V, VI, VII, X, XI, XII, XIII, XIV, XV, XVII, XVIII, XX, XXI, XXII, XXIV, XXVI, XXVII, XXIX, XXXI, XXXII, XXXIII, XXXIV, XXXV, XXXVII, XXXIX, XI., XLI, XLIV and XLV of 1890.

Name and Address of Proprietor.

Date of Expiration of Registration.

File No.

Garrels Borner & Company, 23, Foochow Road, Shanghai.

15th March, 1932.

407 of 1931.

17th March, 1932.

E. L. AGASSIZ,

Registrar of Trade Marks

་

256

THE HONG KONG GOVERNMENT GAZETTE, MARCH 24, 1932.

LEGISLATIVE COUNCIL.

No. 181.-His Majesty the KING has not been advised to exercise his power of disallowance with respect to the following Ordinance :-

Ordinance No. 31 of 1931.--An Ordinance to apply a sum not exceeding Twenty-six million six hundred and forty-one thousand seven hundred and eighty-seven Dollars to the Public Service for the year 1932.

R. A. C. NORTH,

COUNCIL CHAMBER,

24th March, 1932.

No. 182.

NOTICES.

Deputy Clerk of Councils.

COLONIAL SECRETARY'S DEPARTMENT.

The Public Health and Buildings Ordinance, 1903, Ordinance No. 1 of 1903, section 78.

The following conditions in respect of licences for the sale, in places outside a public market, of articles of food for man usually sold or exposed for sale in a public market, have been added by the Sanitary Board to those set forth in Government Notification No. 626 of the 25th September, 1903, and are published for general information :--

12A. No person shall spit in any premises specially licensed under Section 78 for the sale of food usually sold in a market, except into spittoons provided for the purpose.

12B. The licensee shall cause to be continuously dis- played, in a conspicuous position on every floor of his licensed premises, a notice or notices of a size and form approved by the Board, and in a language prescribed by the Board, requiring all persons present on the premises not to spit on the floor; provided that the Board may, in its dis- cretion, exempt in writing any premises from the above requirement as to display of notice, and revoke in writing any such exemption.

12C. The licensee shall cause any phlegm, spittle or saliva found on the floor of his premises to be promptly swept up and removed; and in the event of his providing one or more spittoons, shall cause a sufficient quantity of a disinfectant fluid to be kept continuously in such spittoons while in use; and shall thoroughly cleanse them daily at the close of business.

W. T. SOL THORN,

24th March, 1932.

Colonial Secretary.

THE HONG KONG GOVERNMENT GAZETTE, MARCH 24, 1932. 257

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Ma Tau Wei Lot No. 19.

　　No. 183.-Take notice that Ma Tan Wei Lot No. 19 is required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption, and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

24th March, 1932.

W. T. SOUTHORN,

Colonial Secretary.

布政司蕭

選定一人爲其訂議此布主尙未有人選定則公斷局可代其千如此通告期滿一星期內該地業舉一人會同公斷局議定應補置若修正者辦理又該地業主須自行選千九百三十年政府收回公地則例千九百年收回公地則例即其經一月內將其收回至如何補置則按一現因舉辦公益須由今日起限一個通告事照得馬頭圍第十九號地

個段

右通告馬頭圍第十九號地段

業新

業主

一千九百三十二年三月二十四日

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Ma Tau Wei Lots Nos 35. and 40.

No.184.-Takë notice that Ma Tau Wei Lots Nos. 35 and 40 are required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption. Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitra- tors to determine the amount of compensation, to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within -one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

。

24th March, 1932.

W. T. SOUTHORN,

Columial Secretary.

258

THE HONG KONG GOVERNMENT GAZETTE; MARCH 24, 1952.

布政司蕭

此布

今日起限一個月内將其收回至如

第四十號地段現因舉辦公益須由

通告事照得馬頭圍第三十五號發

何補置則按一千九百年收同公地

業主須自行選舉一人會同公斷局

收回公地則例修正,辦理交該地

則例即其經一千九百三十年政府

議定應補置若干如此通告期滿一

星期內該地業主尙未有人選定則

公斷局可代其選定一人爲其訂議

第四十號地段業主

右通告馬頭圍第三十五號及

一千九百卅二年三月二十四日

COLONIAL SECRETARY'S DEPARTMENT.

To the Owrter of Ma Tau Wei Lot No 89.

　　　　No 185. Take notice that Ma Tau Wel Lot No. 89 is required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner pro- vided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Résumption Amendment Ordinance; 1930, and further take noticd that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to deter- mine the amount of compensation to be paid in respect of such resumption, and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nomi- nate a member to serve on your behalf.

24th March, 1932.

W. T. SOUTHORN,

Colonial Secretary.

布政司

業主尙未有人選定則公斷局可代若干如此通告期滿一星期內該地選舉一人會同公斷局議定應補置例修正者辦理又該地業主須自行一千九百三十年政府收回公地則一千九百年收囘公地則例卽其經個月内將其收回至如何補置則按段現因舉辦公益須由今H起限通告事照得馬頭圍第八十九號地

其選定一人爲其訂議此布

右通告馬頭圍第八十九號地

業主

一千九百世二年三月二十四H

}

爲

THE HONG KONG GOVERNMENT GAZETTE, MARCH 24,1932. 259

COLONIAL SECRETARY'S DEPARTMENT

To the Owner of Ma Tan Wei Lot No. 27.

No.186.- Take notice that Ma Tan Wei Lot No. 27 is required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner pro- vided by the Crown lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to deter- mine the amount of compensation to be paid in respect of such resumption, and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nomi- nate a member to serve on your behalf.

W. T. SoUTHORN,

Colonial Secretary.

24th March, 1932.

布政司蕭

若干如此通告期滿一星期內該地選舉一人會同公斷局議定應補置例修正者辦理又該地業主須自行一千九百三十年政府收回公地則一千九百年收回公地則例卽其經個月內將其收回至如何補置則按段現因舉辦公益須由今日起限一通告事照得馬頭圍第二十七號地

其選定一人爲其訂議此佈業主尙未有人選定則公斷局可代

與業主

右通告馬頭圍第二十七號地

一千九百卅二年三月二十四H

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Ma Tau Wei Lot No. 56.

No.187.-Take notice that Ma Tau Wei Lot No. 56 is required for a public purpose and will be resumed on the expiration of one month, from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown. Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to deter- mine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nomi- ntae a member to serve on your behalf.

24th March, 1932.

W. T. SOUTHorn,

Colonial Secretary.

260

THE HONG KONG GOVERNMENT GAZETTE, MARCH 24,1932.

布政司蕭

通告事照得馬頭圍第五十六號地

段現因舉辦公益須由今日起限一

個月內將其收回至如何補置則按

一千九百年收回公地則例即其經

一千九百卅年政府收回公地則例

修正者辦理又該地業主須自行選

舉一人會同公斷局議定應補置若

干如此通告期滿一星期内該地業

主尙未有人選定則公斷局可代其

選定一人爲其訂議此佈

段業主

右通告馬頭圍第五十六號地

一千九百卅二年三月二十四日

北

篇

COLONIAL SECRETARY'S DEpartment.

To the Owner of Ma Tau Wei Lot No. 90 Section A.

No.188.-Take notice that Ma Tau Wei Lot No. 90 Section A is required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

24th March, 1932.

W. T. SOUTHORN,

Colonial Secretary.

段通

起

布政司蕭

一千九百卅二年三月二十四日

假分段A業主右通告馬頭圍第九十三號地• 局可代其選定一人爲其訂議此佈内該地業主尙未有人選定則公斷應補置若干如此通告期滿一星期須自行選舉一人會同公斷局議定公地則例修正者辦理又該地業主即其經一千九百三十年政府收回置則按一千九百年收回公地則例起限一個月內將其收回至如何補段分與A現因舉辦公益須由今日

通告事照得馬頭圍第九十三號地

爲

{

THE HONG KONG GOVERNMENT GAZETTE,MARCH ́24, 1932.

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Ma Tau Wei Lots Nos. 12 and 13.

261

No.189.--Take notice that Ma Tau Wei Lots Nos. 12 and 13 are required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner pro- vided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to deter- mine the amount of compensation to be paid in respect of such resumption, and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nomi- nate a member to serve on your behalf.

W. T. SOUTHORN,

Colonial Secretary.

24th March, 1932.

布政司蕭

右通告馬頭圍第十二號及第局可代」選定一人爲其訂議此佈内該地業主尚未有人選定則公斷應補置若干如此通告期滿一星期湏自行選舉一人會同公斷局議定公地則例修正者辦理又該地業主例卽其經一千九百卅年政府收回補置則按一千九百年收回公地則日起限一個月內將其收回至如何十三號地段現因舉辦公益須由今通告事照得馬頭圍第十二號及第

十三號地段業主

一千九百卅二年三月二十四日

爲

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Ma Tau Wei Lot No.63.

No.190.-Take notice that Ma Tau Wei Lot No. 63,.is required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption, and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

W. T. SOUTHORN,

24th March, 1932.

Colonial Secretary.

262

THE HONG KONG GOVERNMENT GAZETTE, MARCH 24, 1932.

個

布政司蕭段現因舉辦公益湏由今H起限一通告事照得馬頭圍第六十三號地

一千九百卅年政府收回公地則例

一千九百年收回公地則所卽其經個月内將其收回至如何補置則按

修正者辦理又該地業主須自行選

舉一人會同公斷局議定應補置若

千如此通告期滿一星期內該地業

主尙未有人選定則公斷局可代其

選定一人爲其訂此布

段業主

右通告馬頭圍第六十三號地

一千九百卅二年三月二十四日

篇

蝦

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY's DEPARTMENT.

To the Owner of Ma Tau Wei Lot No. 54.

No. 191.- Take notice that Ma Tau Wei Lot No. 54 is required for a public pur- pose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Re- sumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

24th March, 1932.

布政司蕭

其選定一人爲其訂議此布業主尚未有人選定則公斷局可代若干如此通告期滿一星期内該地選舉一人會同公斷局議定應補置例修正者辦理又該地業主湏自行一千九百三十年政府收回公地則一千九百年收回公地則例卽其經個月內將其收回至如何補置則按段現因舉辦公益湏由今日起限一通告事照得馬頭圍第五十四號地

右通告馬頭圍第五十四號地

與業主

一千九百三十二年三月二十四日

THE HONG KONG GOVERNMENT GAZETTE, MARCH 24,1932.

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Ma Tau Wei Lot No.55.

263

　　No. 192.-Take notice that Ma Tau Wei Lot No. 55 is required for a public pur- pose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as am nded by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

W. T. SoUTHORN,

Colonial Secretary.

24th March, 1932.

布政司蕭

其選定「人爲其訂議此布業主尚未有人選定則公斷局可代若干如此通告期滿一星期內該地選舉一人會同公斷局議定應補置例修正者辦理又該地業主須自行一千九百三十年政府收回公地則一千九百年收间公地則例卽其經個月內將其收回至如何補置則按巴現因舉辦公益湏由今日起限一通告事照得馬頭圍第五十五號地

段業主

右通告馬頭圍第五十五號地

一千九百三十二年三月二十四日

No. 193. It is hereby notified

for the information

TREASURY.

Owners and Occupiers of tenements that, under the provisions of the Rating Ordinance No. 6 of 1901, Rates for the Second Quarter, 1932, are payable in advance on or before the 30th April, 1932.

If any person shall fail to pay such Rates on or before the 31st May, 1932, proceedings will be taken in the Supreme Court for their recovery without further

notice.

No refund of Rates in respect of vacant tenements will be granted unless such Rates have been paid during and within the month of April, 1932, nor unless application is made for such refund within fifteen days from the expiration of the Quarter.

　　　In order to ensure correct service in future, Owners and Occupiers of tenements are requested to kindly fill in particulars of their permanent addresses on the space provided for this purpose on the reverse side of the Notices for the Second Quarter, 1932.

。

2th March 1932.

EDWIN TAYLOR,

Colonial Treasurer.

264

THE HONG KONG GOVERNMENT GAZETTE, MARCH 24, 1932.

ROYAL OBSERVATORY.

No. 194

Sunrise and Sunset in Hong Kong for April, 1932.

(STANDARD TIME OF THE 120TH MERIDIAN, EAST OF GREENWICH.)

DATE.

SUNRISE.

SUNSET.

DATE.

SUNRISE,

SUNSET.

April

1....

6.16 a.m.

6.38 p.m.

April

16..

6.02 a m.

6.44 p.m.

6.15

6.38

17..

6.02

6.44* ""

3..

6.14

6.39

18.

6.01

6.45

4..

6.13

6.39

19.

6.00

6.45

5..

6.13

6.40

20...

6.00

6.46

་་

6...

6.12

6.41

21..

5.59

6.46

6.11

6.41

22.

5.58

6.46

8...

6.10

6.41

23..

5.57

6.47

9..

6.09

6.41

24.

5.57

6.47

10.

6.08

6.42

5.56

6.47

11.

6.07

6.42

26..

5.55

6.48

12.

6.06

6.42

27.

5.54

6.48

13.

6.05

6.43

28.

5.53

6.48

","

14.

6.04

6.43

29.

5.52

6.49

15......

6.03

6.43

30...

5.52

6.49

24th March, 1932.

T. F. CLAXTON, Director.

266

THE HONG KONG GOVERNMENT GAZETTE, APRIL 1, 1932.

APPOINTMENTS, &c.

　　　No. 195.-His Excellency the Governor has been pleased to appoint Mr. CHARLES WILLIAM JEFFRIES to act as Director, Royal Observatory, until further notice, with effect from the 26th March, 1932.

31st March, 1932.

　　　No. 196.-His Excellency the Governor has been pleased to appoint Mr. BENJAMIN DAVIES EVANS to act as Chief Assistant to the Director, Royal Observatory, until further notice, with effect from the 26th March, 1932.

31st March, 1932.

　　　No. 197.-His Excellency the Governor has been pleased, under the provisions of Statute 4 of the Second Schedule of the University Ordinance, 1911, Ordinance No. 10 of 1911, to nominate Mr. Lo MAN-KAM as a member of the Court of the University of Hong Kong for a period of three years, with effect from 24th March, 1932.

31st March, 193?.

　　　No. 198. His Excellency the Governor has been pleased to appoint Mr. Lo MAN-KAM, to be a member of the Sanitary Board for a term of three years, with effect from 25th March, 1932.

1st April, 1932.

　　　No. 199.-His Excellency the Governor has been pleased to appoint Captain PHILIP SPENCER CANNON, M.A., Army Educational Corps, to be a Member of the Board of Education for a period of two years, with effect from 17th March, 1932, vice Captain ERNEST BETTOM DEAKIN, D.S.O., M.C., Army Educational Corps.

1st April, 1932.

NOTICES.

TREASURY.

Liquor and Tobacco Duties.

　　　No. 200.-In accordance with the Resolutions passed by the Legislative Council on the 26th day of February, 1931, I hereby give notice that the figure representing the average opening selling rates for the month of March, 1932, of the Hong Kong and Shanghai Banking Corporation for demand drafts on London is settled at 16.10.

31st March, 1932.

EDWIN TAYLOR,

Colonial Treasurer,

THE HONG KONG GOVERNMENT GAZETTE, APRIL 1, 1932.

ASSESSOR'S OFFICE.

No. 201.--The following alterations in house numbers are hereby notified.

NEW NUMBERS.

OLD NUMBERS.

LOT

新門牌

舊門牌

NUMBERS.

BUTE STREET.

弼街

REMARKS.

From Tong Mi Road to Nathan Road.

NORTH SIDE. (From West to East).

ODD NUMBERS.

Here is Tong Mi Road.

Then open space.

1 to 17 一至一七號

In reserve.

Here is Canton Road.

19 *

一九號

一七號

K.I.L. 1466

R.P.

二一號

一五號

二三號

一三號

二五號

一號

K.J.L.1467

S.A.

二七號

九號

二九號

七號

Here is Reclamation Street.

三一號

號 K.I.L. 1617

R.P.

三三號

二號

三五號

三號

S.B.

30th March, 1932.

Here is Shanghai Street.

Then space reserved for Government..

Then Nathan Road.

267

EDWIN TAYLOR, Treasurer and Assessor of Rates.

268

THE HONG KONG GOVERNMENT GAZETTE, APRIL 1, 1932.

LAND REGISTRY OFFICE.

　　　No. 202.-It is hereby notified for general information that a Memorial of Re-entry by the Crown on Kowloon Inland Lot No. 571 has been registered according to law.

24th March, 1932.

PHILIP JACKS,

Land Officer

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　No. 203. It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909:-

Number

Marks.

Date of Registration.

Name and Address of Owner.

Period of Renewal.

Class in which renewed.

File No.

Nos. 241, 24IV, 24XI, 24XIII,

29th March, 1890.

24XVI, 24XIX, 24XX of 1890.

I. G. Farbenindustrie, Aktiengesellschaft, Frankfurt on Main, Germany.

29th March,

1946.

406 of 1931.

31st March, 1932.

E. L. AGASSIZ, Registrar of Trade Marks.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 204. It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909 :-

Number of Marks.

Date of Registration.

Names and Addresses of Owners.

Period of Renewal.

Classes in which renewed.

File Nos.

No. 49 of 1919.

5th March,

1918.

No. 98 of 1918.

28th March, of 1918.

31st March, 1932.

Joseph Crosfield and Sons, Limited, Bank Quay, Warrington,|

Lancashire, England.

A. S. Watson & Company, Limited, Alexandra Buildings, Hong Kong.

5th March, 1946.

405A of 1931.

28th March, 1946.

408 of 1931.

E. L. AGASSIZ, Registrar of Trade Marks.

THE HONG KONG GOVERNMENT GAZETTE, APRIL 1, 1932.

OFFICE OF REGISTRAR OF TRADE MARKS.

269

　　　　No. 205.--It is hereby notified that the registration of the following trade marks has expired and that they will be removed from the Register of Trade Marks on the 2nd May, 1932, unless the prescribed fees for renewal of registration are paid before that date:-

Number of Trade Marks.

No. 48 of 1919.

No. 95 of 1918.

31st March, 1932.

Names and Addresses of Proprietors.

Date of Expiration of Registration.

File

Nos.

Joseph Crosfield and Sons, Limited, of Bank Quay, Warrington, Lancashire, England.

Dodwell & Company, Limited, of Queen's Buildings, Victoria, in the Colony of Hong Kong.

5th March, 1932.

405A of 1931.

20th March, 1932.

409 of 1931.

E. L. AGASSIZ, Registrar of Trade Marks.

272

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

EXECUTIVE COUNCIL.

No. 206.

It is hereby notified that His Excellency the Governor in Council has given directions for the rescission of the Order of the 17th December, 1931, published in the Gazette of the 18th December, 1931, as Government Notification No. 798, declaring Amoy to be a place at which an infectious or contagious disease, namely, small-pox, prevailed, and the same is hereby rescinded.

COUNCIL CHAMBER,

5th April, 1932.

No. 207.

D. W. TRATMAN,

Clerk of Councils.

Hong Kong.

ORDINANCE No. 5 of 1914. (CREMATION).

In exercise of the powers conferred by section 5 of the Cremation Ordinance, 1914, the Governor in Council makes the undermentioned amendments of the Regulations set forth on pages 685 to 691 of the Regulations of Hong Kong, 1844- 1925:-

(1) In Regulation 1.

Delete the words "Head of the Sanitary Department"

and substitute therefor the words "Secretary or Assistant Secretary of the Sanitary Board".

(2) In Regulations 6, 7, 8, 8A, 9, 10, 11, 12 and 14 and

in Form No. 4 in the Schedule to the Regulations.

Delete the words "Head of the Sanitary Department"

and substitute therefor the words "Director of Medical and Sanitary Services"

(3) In the third and fourth lines of Regulation 6.

Delete the words "Sanitary Department" and substitute therefor the words "Medical Depart - ment".

COUNCIL CHAMBER,

5th April, 1932.

D. W. TRATMAN,

Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

LEGISLATIVE COUNCIL.

No. 208.

LEGISLATIVE COUNCIL,

No. 4.

Thursday, 17th March, 1932, at 2.30 p.m.

273

PRESENT:

HIS EXCELLENCY THE GOVERNOR (Sir WILLIAM PEEL, K.C.M.G., K.B.E.).

His Excellency the General Officer Commanding the Troops, (Major-General JAMES

WALTER SANDILANDS, C.B., C.M.G., D.S.O.).

The Honourable the Colonial Secretary, (Mr. WILFRID THOMAS SOUTHORN, C.M.G.).

the Attorney General, (Mr. CHALONER GRENVILLE ALABASTER, K.C.,

O.B.E.).

the Secretary for Chinese Affairs, (Mr. EDWIN RICHARD HALLIFAX,

C.M.G., C.B.E.).

the Colonial Treasurer, (Mr. EDWIN TAYLOR).

Mr. HAROLD THOMAS CREASY, C.B.E., (Director of Public Works). Commander GEORGE FRANCIS HOLE, R.N. (Retired), (Harbour Master).

Dr. ARTHUR ROBARTES WELLINGTON, (Director of Medical and Sanitary

Services).

Mr. THOMAS HENRY KING, (Acting Inspector General of Police).

Sir HENRY EDWARD POLLOCK, Kt., K.C.

Mr. WILLIAM EDWARD LEONARD SHENTON.

Mr. ROBERT HORMUS KOTEWALL, C.M.G., LL.D.

Mr. José PEDRO BRAGA.

Mr. Ts'o SEEN-WAN, O.B.E., LL.D.

Mr. CHARLES GORDON STEWART MACKIE.

Mr. JOHN JOHNSTONE PATERSON.

Mr. CHAU TSUN-NIN.

Mr. ROLAND ARTHUR CHARLES NORTH, (Deputy Clerk of Councils).

1. The Council met pursuant to adjournment. His Excellency the Governor

occupied the Chair.

MINUTES.

2. The Minutes of the Meeting held on the 25th February, 1932, were confirmed.

274

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

OATH.

3. The Hon. Mr. THOMAS HENRY KING, (Acting Inspector General of Police), took

the Oath of Allegiance and his seat as a Member of the Council.

PAPERS.

4. The following papers were laid on the table:-

Notification under section 6A (2) (a) of the New Territories Regulation Ordin- ance, 1910, Ordinance No. 34 of 1910, respecting the Tai O Cemetery, dated 28th December, 1931.

Notification under section 6A (2) (b) of the New Territories Regulation Ordin- ance, 1910, Ordinance No. 34 of 1910, No person to bury or deposit any human remains in or upon any part of Tai O outside the Tai O Cemetery, dated 28th December, 1931.

Order made by the Governor in Council under section 12 of the Rope Com- pany's Tramway Ordinance, 1901, Ordinance No. 21 of 1901, on 4th January, 1932.

Declaration under the Merchant Shipping Ordinance, 1899, Ordinance No. 10

of 1899, Table L, Quarantine Regulations, dated 8th January, 1932. Notification under section 4 of the Births and Deaths Registration Ordinance,

1896, Ordinance No. 7 of 1896, dated 8th January, 1932.

Regulation made by the Governor in Council under sections 3 (1) and 4 (1) of the Tobacco Ordinance, 1931, Ordinance No. 39 of 1931, on 11th January, 1932.

Regulations made by the Governor in Council under section 88 of the Liquors

Ordinance, 1931, Ordinance No. 36 of 1931, on 12th January, 1932.

The Air Navigation Directions (Hong Kong), 1932, (No. 1).

Regulation made by the Governor in Council under section 3 of the Importation and Exportation Ordinance, 1915, Ordinance No. 32 of 1915, on 19th January, 1932.

Declaration under the Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, Table L, Quarantine Regulations, dated 22nd January, 1932. Regulations made by the Governor in Council under section 3 of the Vehicles and Traffic Regulation Ordinance, 1912, Ordinance No. 40 of 1912, on 12th January, 1932.

Declaration under the Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, Table L, Quarantine Regulations, dated 27th January, 1932. Order made by the Governor in Council under Regulation No. 25 of the Emer-

gency Regulations, on 28th January, 1932.

Sessional Papers, 1932:-

No. 1.-Jurors List for 1932.

REPORT OF THE FINANCE COMMITTEE.

5. The Colonial Secretary laid on the table the Report of the Finance Committee

(No. 2), dated the 25th February, 1932, and moved its adoption.

The Colonial Treasurer seconded.

Question-put and agreed to.

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

275

MOTIONS.

6. The Colonial Secretary addressed Council and asked that the motion regarding

the Kai Tack aerodrome might be postponed.

Consent was given and the motion was accordingly postponed.

7. The Colonial Treasurer moved the following resolution:-

Resolved under section 39 of the Liquors Ordinance, 1931, that the Resolu- tion of the 22nd day of October, 1931, assessing the duty to be paid on spirituous liquors other than intoxicating liquors be rescinded and that duty be assessed and paid on such spirituous liquors in accordance with the following table :-

TABLE.

per gallon.

...

On perfumed spirits and toilet preparations other than spirituous liquors classified by the Superintendent as Medicated Spirits... On Medicated Spirits classified by the Superintendent

as such :--

(a) containing more than 10% by weight of

pure alcohol but less than 21%

$10.00

...$ 2.50

(b) containing 21% by weight of pure alcohol

but less than 38%

.$ 5.00

(e) containing 38% by weight of pure alcohol

...

$ 7.50

...$ 10.00

but less than 63% (d) containing not less than 63% by weight of

pure alcohol

Provided that the dollars and decimals thereof stated in the Table shall be conventional dollars reckoned as the equivalent of one shilling and eightpence sterling; and consequently to arrive at the actual amount payable in Hong Kong currency the conventional dollar stated in the Table shall be multiplied by 20 and divided by a figure settled by the Colonial Treasurer from time to time representing the average opening selling rates for the previous month of the Hong Kong and Shanghai Banking Corporation for demand drafts on London and until so settled the figure shall be 17.24.

The Colonial Secretary seconded. Question-put and agreed to.

8. Opium Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to amend and consolidate the law relating to opium."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

276

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

9. Industrial and Reformatory Schools Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to provide for and regulate Industrial and Reformatory Schools."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

ADJOURNMENT.

10. The Council then adjourned until Thursday, the 7th day of April, 1932, at

2.30 p.m.

Confirmed this 7th day of April, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

W. PEEL,

Governor.

No. 209. His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the KING, to the following Ordinance passed by the Legislative Council:

Ordinance No. 7 of 1932.-An Ordinance to amend and consolidate the law

relating to opium.

276

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

9. Industrial and Reformatory Schools Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to provide for and regulate Industrial and Reformatory Schools."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

ADJOURNMENT.

10. The Council then adjourned until Thursday, the 7th day of April, 1932, at

2.30 p.m.

Confirmed this 7th day of April, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

W. PEEL,

Governor.

No. 209. His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the KING, to the following Ordinance passed by the Legislative Council:

Ordinance No. 7 of 1932.-An Ordinance to amend and consolidate the law

relating to opium.

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

277

HONG KONG.

No. 7 OF 1932.

I assent.

W. PEEL,

L.S.

Governor.

8th April, 1932.

An Ordinance to amend and consolidate the law relating to

opium.

[8th April, 1932.]

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:

PART I.

PRELIMINARY.

1. This Ordinance may be cited as the Opium Ordinance, Short title. 1932.

2.-(1) In this Ordinance,

Interpreta- tion.

(a) "Divan keeper" means the occupier or person having Divan the use temporarily of any opium divan, or any person keeper. having or appearing to have the care or management of such place, and also any person who acts in any manner assisting in conducting the business of any such place or keeping watch in or about the same.

tion,

(b) "To export" means to carry or otherwise despatch Exporta- out of the Colony or to cause to be carried or despatched out of the Colony and includes the conveyance of opium out of the Colony by transit mail or any other mail and the carriage out of the Colony of opium which was carried into the Colony by water or by air and which is carried out of the Colony on the same ship or aircraft on which it was carried into the Colony with or without any landing or tran- shipment.

(c) "Implement" means any vessel, utensil, instrument, Implement. or other thing which has been used, or which is probably intended to be used, for containing opium, or for preparing or aiding in preparing any opium, or for smoking opium.

(d) "To import" means to carry or otherwise despatch Importation. into the Colony or to cause to be carried or otherwise des- patched into the Colony and includes the conveyance of opium into the Colony by transit mail or any other mail and the carriage by water or by air into the Colony of opium which is intended to be carried out of the Colony on the same ship or aircraft on which it was carried into the Colony with or without any landing or transhipment.

278

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

Opium.

Opium divan.

Opium dross.

Fossession.

Person.

Prepared opium.

Preparing opium.

Raw opium.

Ship.

Superin- tendent.

Wharf.

"Opium" includes raw opium, prepared opium, and opium dross, and every substance in which raw opium, prepared opium or opium dross forms an ingredient.

(f) "Opium divan" means any place opened, kept, or

used--

(i) for the sale of prepared opium to be smoked in such place; or

(ii) for the smoking of prepared opium where a fee or its equivalent is charged for such smoking or where any benefit or advantage whatever, direct or indirect, is derived by the keeper of such place in consequence of the smoking of prepared opium in such place.

(g) "Opium dross" means the residuum produced by smoking prepared opium.

(h) Any opium, implement, or other thing shall, for the purposes of this Ordinance, be deemed to be in the possession of any person if he has such opium, implement, or thing in possession, custody or control, by himself or by any other

person.

(i) "Person," except so far as relates to the imposition of the penalty of imprisonment, includes a body corporate and a firm.

() "Prepared opium" includes every preparation of opium, and every substance in which opium forms an in- gredient which preparation or substance is used or intended to be used for smoking, or for use as a substitute for smoking opium.

(k) "Preparing opium" includes-

every act in the process or intended process of con- verting opium, or any substance or solution in which opium. forms an ingredient, into prepared opium, and

(ii) the subjecting of opium, or of any substance or solution in which opium forms an ingredient, to any degree of artificial heat, for any purpose whatsoever.

(1) "Raw opium" means any kind of opium not prepared for smoking, chewing, swallowing or injecting and includes the leaves or wrappings in which raw opium has been wrapped, but does not include opium dross.

(m) "Ship" includes every description of vessel used in navigation or for the carriage or storage of goods, and in- cludes all aircraft.

(n) "Superintendent' means the Superintendent of Im- ports and Exports.

(o) "Wharf" includes every place used as a landing place and every warehouse or place adjoining a landing place or used in connexion therewith.

(2) "Corresponding law" in this Ordinance means any law stated in a certificate purporting to be issued by or on behalf of the government of any place outside the Colony to be a law providing for the control and regulation in that place of the manufacture, sale, use, export and import of opium in accordance with the provisions of the International Opium Convention signed at Geneva in 1925, and any state- ment in any such certificate as to the effect of the law men- tioned in the certificate, or any statement in any such certificate that any facts constitute an offence against that

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

law, shall be conclusive. Any such certificate shall be admitted in evidence upon production by or on behalf of the Superintendent in any proceeding.

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

(a) to determine the prices at which prepared opium may be sold to the public;

(b) to regulate the management of places for the sale of prepared opium;

ance;

(d) to alter or add to any of the forms in the Schedule;

(e) generally, to prohibit or control the importation, ex- portation, manufacture, sale, possession, movement, dis- tribution, and smoking of opium, and the dealing in opium.

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

Schedule.

PART II.

RAW OPIUM.

4. (1) No person shall, whether on his own behalf or on behalf of any other person buy or sell, or supply or procure, or offer to supply or procure, or otherwise deal in or offer to deal in, any raw opium, whether such raw opium be in the Colony or elsewhere, and whether it be ascertained or appropriated or in existence or not, and, whether it be intended that it should be imported into the Colony or not,. and no person shall import or export any raw opium or do any act preparatory to or for the purpose of importing or exporting any raw opium, or have any raw opium in his possession.

(2) Subject to the obtaining of a licence granted by the Colonial Secretary before importation, any raw opium which is imported by water, from a place from which such raw opium may by the law of that place legally be exported, under a through bill of lading for any place into which such raw opium may by the law of that place legally be imported, may be imported into the Colony, and may be exported to such place, provided that the following conditions are com- plied with:-

(a) The ship on which the raw opium is imported shall proceed direct and forthwith to the harbour of Victoria and shall forthwith enter such harbour.

Prohibition sion of, and dealing in

of, posses-

raw opium.

279

280

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

Schedule

Form No. 1.

Schedule

Form No. 1.

Licence under s. 4 (2), and

revocation

of licence, discretion-

ary.

(b) Full particulars as to the description, weight, con- signors, consignees and destination of the raw opium, and as to the marks and numbers of the cases in which it is con- tained, shall appear in the manifest of the said ship.

(c) The presence of the raw opium on board the said ship shall be reported in writing to the Superintendent by the master of the ship within four hours after the arrival of the ship in the harbour of Victoria: provided that if the office of the Superintendent be not open for the four hours im- mediately after the arrival of the ship in the harbour of Victoria the report required by this paragraph may be made to the inspector on duty at the Central Police Station.

(d) The raw opium shall not be-

(i) removed from the ship on which it was imported, or (ii) in any way moved in the Colony after removal from such ship, or

(iii) exported,

except under, and in accordance with, a removal or export permit issued by the Superintendent.

(e) The chest, box, case or package containing the raw opium shall be imported, and shall while in the Colony be maintained, unopened and unbroken, unless it be opened or broken during and for the purposes of some search authorised by this Ordinance.

(f) A certificate in Form No. 1 in the Schedule or in some form which appears to the Superintendent to be equivalent shall accompany the raw opium on the said ship and shall be produced to the Superintendent at least four hours before the raw opium is exported.

(9) The raw opium shall be exported with all reasonable expedition.

(h) The ship on which the raw opium is exported shall, on leaving the harbour of Victoria, proceed direct and forth- with out of the waters of the Colony.

(i) The exportation of the raw opium shall be reported in writing to the Superintendent, by the owner, charterer or agent of the ship, within 48 hours after the departure out of the waters of the Colony of the ship on which the raw opium is exported.

(3) No export permit shall be issued under paragraph (d) of sub-section (2) until there shall have been produced to the Superintendent a certificate in Form No. 1 in the Schedule or in some form which appears to the Superintendent to be equivalent, and no such export permit shall be issued until the Superintendent is satisfied that such certificate is genuine and relates to the opium sought to be exported and has not been obtained by any misrepresentation.

(4) Sub-section (1) shall not apply to any raw opium imported by the Superintendent and in his possession or under his control.

5. The granting of any licence under section 4 (2), and the revocation of any such licence, shall lie in the absolute discretion of the Colonial Secretary, who may impose any conditions that he may think fit upon the granting of any such licence.

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

of raw

6.-(1) No master of any ship shall allow any raw Restrictions opium to be removed from his ship except on production of, on movement and in accordance with, a removal or export permit issued opium. by the Superintendent.

(2) No person shall move any raw opium except under and in accordance with a removal or export permit issued by the Superintendent.

7.-(1) Removal and export permits may be in Forms Permits. Nos. 2 and 3 respectively in the Schedule.

(2) The issue of every removal and export permit shall be in the absolute discretion of the Superintendent, who may vary the forms of permit in the First Schedule and may impose any conditions that he may think fit.

every

Schedule. Forms Nos. 2 and 3.

Memorandum of raw opium

8. The Superintendent shall furnish the master of ship carrying raw opium for export with a memorandum exported to containing the particulars set forth in Form No. 4 in the be furnished Schedule, and no ship carrying raw opium shall depart from the Colony without such memorandum.

PART III.

PREPARED OPIUM.

to master.

Schedule. Form No. 4.

right of

9. The exclusive right of preparing opium and of selling Exclusive prepared opium in the Colony is vested in the person for the time being lawfully performing the duties of Superintendent. and selling

10. The Superintendent may, in his suitable persons to sell prepared opium, conditions as he may think fit, and may appointment.

preparing

prepared

opium.

prepared

discretion, appoint Sale of subject to such opium. cancel any such

11. No person except the Superintendent shall prepare Preparationd opium within the Colony or import any prepared opium or importation of prepared do any act preparatory to or for the purpose of importing opium any prepared opium.

prohibited.

12. (1) No person except the Superintendent shall Possession

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　of prepared have in his possession any prepared opium other than opium other Government prepared opium, or any opium dross exceeding than that

one tael.

Government, or dross, prohibited.

(2) The onus of proof that any prepared opium is Onus. Government prepared opium shall rest upon the person alleging the same.

13. (1) No person except the Superintendent or a Sale and person appointed by him shall sell or offer or expose for sale possession of any prepared opium, or any opium dross.

(2) No person except the Superintendent or a person appointed by him under section 10 or a passenger holding a permit under section 20 shall have in his possession more than five taels of prepared opium.

prepared opium and dross.

14. (1) No prepared opium or opium dross shall be Provision sold to, or purchased, smoked or possessed by, any person under twenty-one years of age.

as to

minors.

281

282

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

Opium divans and smoking therein prohibited.

Presump-

tions (1) as to opium divans, (2) as to

smoking opium in an opium divan.

Unlawful possession of Govern- ment opium labels and

wrappers.

Possession

of labels,

etc.,

resembling

Government

(2) No person shall aid, abet, counsel or procure any such sale, purchase, smoking or possession.

15. (1) No person shall open or keep an opium divan.

(2) No person shall smoke opium in any opium divan.

16. (1) Where two or more persons are found smoking opium in any place, such persons not being residents in the said place, it shall, until the contrary is proved, be presumed-

(a) that the said place is an opium divan; and

(b) that the tenant or occupier of the said place is keep- ing the said place as an opium divan, provided that such tenant or occupier or a servant of such tenant or occupier is present at the time of the finding of such persons.

(2) Every person found in any opium divan or found escaping therefrom on the occasion of its being entered under this Ordinance shall, until the contrary is proved, be presumed to be or to have been smoking opium therein.

17.-(1) No person shall, without lawful authority or excuse, have in his possession, except attached to a recep- tacle issued by the Superintendent and containing Government prepared opium, any label or wrapper of a kind used by the Superintendent for affixing to receptacles con- taining Government prepared opium, or any portion of any such label or wrapper.

(2) No person shall, without lawful authority or excuse, have in his possession, except attached to a receptacle issued by the Superintendent and containing the full quantity of Government prepared opium contained therein at the time of issue, any label or wrapper of a kind used by the Super- intendent for affixing to receptacles containing Government prepared opium, unless such label or wrapper has been broken in such a way as to make it impracticable to use the label or wrapper again.

18.-(1) No person shall, without lawful authority or excuse, have in his possession any label, wrapper, or mark, so resembling any label, wrapper, or mark used by the opium labels, Superintendent in connexion with Government prepared opium as to constitute a colourable imitation thereof, or have in his possession any die, block, or type apparently intended for the production of any such label, wrapper, or mark.

and dies,

etc., for the

production of such labels, etc.

Counter- feiting Government

opium pre-

parations or distinctive

marks

thereon.

(2) For the purposes of this section, "label", "wrap- per", "mark", "die", "block" and "type" shall be deemed respectively to include any portion of a label, wrapper, mark, die, block or type.

19. No person shall mix anything with prepared opium with the intention of causing it to be believed that such prepared opium is Government prepared opium, or shall counterfeit any mark used by the Superintendent to denote that the prepared opium contained in any receptacle is Government prepared opium, or shall use as genuine any such mark.

→

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

opium

20. No person shall export, or do any act preparatory to Exportation or for the purpose of exporting, any prepared opium or of prepared opium dross Provided that this section shall not be con- prohibited. strued as applying to the possession, under special permit from the Superintendent, by a passenger from the Colony to any place not within the Colony of a quantity of prepared opium, to be used for personal consumption on the voyage, not exceeding five mace for every day of duration of the voyage

283

PART IV.

GENERAL.

Ships.

prohibited.

21.-(1) No person shall, without lawful authority of Ships excuse, use any ship for the importation, landing, removal, from being carriage, conveyance, storage or exportation of any opium used in in contravention of this Ordinance.

(2) Where the amount of any such opium found on board any such ship exceeds--

(a) in the case of any ship of sixty tons net register tonnage and upwards, 500 taels in weight; or,

(b) in the case of any ship under sixty tons net register tonnage, 100 taels in weight;

want of knowledge of such user shall not be deemed an excuse under this section if the owner, agent, master or other person charged was in a position to take reasonable precautions to prevent such user and neglected to take such precautions.

smuggling opium.

on ship's

22.-(1) No person shall bring or have in his possession Opium not on board any ship any opium, other than the prepared opium manifest. specified in the proviso to section 20, unless the same is entered on the manifest of the ship.

(2) The master of any such ship may seize any such opium as aforesaid found on board his ship which is not entered on the manifest, and may retain the same in his possession until he can deliver it to a police officer.

Post Office.

23.-(1) No person shall send any opium by post.

(2) It shall be lawful for the Postmaster General to detain and open any postal article which he may suspect to contain any opium or anything which would be liable to seizure under section 31 (1) (f).

(3) If any postal article contains any opium, or if any postal article contains anything which would be liable to seizure under section 31 (1) (f), it shall be lawful for the Postmaster General to detain such postal article and all its contents, and to deal with such article and its contents as the Governor may direct.

(4) Sub-sections (2) and (3) shall apply to all postal articles, whether posted in the Colony or not.

Postal provisions.

284

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

Superin-

tendent and Assistant Superin- tendents.

Revenue officers.

Folice officers: badge.

Confirmation of certain appoint-. ments.

Certain public officers may hoard

and remain on ship.

Appointment and duties of revenue and police officers.

24. (1) The Governor may appoint an officer to be called the Superintendent of Imports and Exports and such number of Assistant Superintendents as he may think fit.

(2) An Assistant Superintendent shall have all the powers conferred on the Superintendent by or under this Ordinance.

25. (1) The Superintendent may appoint such persons as he may think fit as revenue officers under this Ordinance, and all revenue officers appointed under any other Ordinance shall have full powers under this Ordinance.

(2) The Superintendent shall have power to cancel at any time any appointment of a revenue officer.

(3) Every revenue officer shall be supplied with a suitable badge of office.

(4) Every revenue officer when acting against any person under this Ordinance shall on demand declare his office and produce his badge of office to the person against whom he is acting.

(5) Every revenue officer shall on demand return to the Superintendent his badge of office, and every person whose appointment as revenue officer has been cancelled shall forthwith return to the Superintendent his badge of office unless he shall have previously returned it to the Super- intendent.

26. (1) Every police officer shall have the powers of a revenue officer under this Ordinance.

(2) Every police officer when acting against any person under this Ordinance shall, if not in uniform, on demand declare his office and produce to the person against whom he is acting such badge as the Inspector General of Police may direct police officers to carry when on special service.

27. The Superintendent of Imports and Exports, the Assistant Superintendent of Imports and Exports, and all revenue officers, who were appointed under any other ordinance, and who continued to hold office up to the com- mencement of this Ordinance, are hereby confirmed in their respective offices, and shall have all the powers and privileges conferred by this Ordinance upon the holders of their respective offices.

Search, arrest and seizure.

28.--(1) It shall be lawful for any European revenue ollicer or European police officer, or for any other public officer authorised thereto in writing by the Superintendent, either generally or for a particular occasion, to board any ship (not being or having the status of a ship of war) and to remain on board so long as such ship remains in the Colony.

(2) Any revenue officer authorised thereto in writing by the Superintendent, either generally or for a particular occasion, may search any such ship and may scize remove and detain any thing found in any such ship with respect

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

to which such revenue officer may have reasonable grounds for suspecting that any offence against this Ordinance has been committed.

29.-(1) Every person landing from any ship or entering Search of the Colony by land shall--

persons entering Colony

goods and

(a) on demand by any revenue officer or police officer and of their either permit his person and his goods and baggage to be baggage. searched by such officer or, together with such goods and baggage, should he so request accompany such officer to a police station or to the office of the Superintendent and there permit his person and his goods and baggage to be searched by any revenue officer or police officer in the presence and under the supervision of a European officer;

(b) on demand by any European revenue officer ΟΙ European police officer permit his person and his goods and baggage to be searched by such European revenue officer or European police officer or by any revenue or police officer in the presence and under the supervision of such European police officer or European revenue officer:

Provided always that the goods and baggage of any person who claims to be present when they are searched shall not be searched except in his presence.

(2) While revenue officers are conducting a search of persons landing or intending to land from a ship or a search of the goods and baggage of any such persons, no person shall board such ship unless with the permission of a European revenue officer.

(3) Any person who refuses to comply with any lawful demand under this section may be arrested by any public officer without any warrant.

of things other than

30. Any box or other thing (not being passengers' Examination baggage accompanied by the owner) which is being landed or has been recently landed from any ship, or which is in or upon passengers' any ship (not being or having the status of a ship of war), accompanied wharf or warehouse, or which is being removed from any

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　baggage. such ship or other place, or which is being brought into or has recently been brought into the Colony by land--

(1) may be examined and searched by any revenue officer or police officer, and may be detained until any person in charge thereof shall have opened the same to admit of such examination and search, or may be removed by such officer to a police station or to the office of the Superintendent;

(2) may be broken open by the orders of any European officer to facilitate such examination and search: Provided that any person in charge or possession of such box, chest, package or other article shall be afforded every reasonable facility for being present at such breaking open, examination and search.

31.-(1) It shall be lawful for any public officer Arrest and authorised by the Superintendent in that behalf-

(a) to arrest and bring before a magistrate any person whom such public officer may have reason to suspect of having contravened any of the provisions of this Ordinance or of any regulation made thereunder;

search on

reasonable suspicion.

285

286

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

[s. 31 contd.]

(b) to search the person and property and effects of any person whom it may be lawful for such public officer to arrest Provided that no female person shall be searched except by a female, and provided that no person shall be searched in a public place if he objects to be so searched;

(c) to search any place in which such public officer may have reason to suspect that there may be any thing which under paragraph () is liable to seizure;

(d) to search, and, if necessary to stop and search, any ship (not being or having the status of a ship of war) in which such public officer may have reason to suspect that there may be any thing which under paragraph () is liable

to seizure:

(e) to search any place which such public oflicer may have reason to suspect to be an opium divan;

(f) to seize, remove and detain-

(i) any thing with respect to which such public officer may have reasonable grounds for suspecting that any offence against this Ordinance has been committed;

(ii) any book or other document which such public officer may have reasonable grounds for suspecting to relate to, or to be connected directly or indirectly with, any transaction or dealing which was, or any intended transaction or dealing which would if carried out be, an offence against this Ordinance, or, in the case of a transaction or dealing carried out or intended to be carried out in any place outside the Colony, an offence against the provisions of any corres- ponding law in force in that place; or

(iii) any other thing which may appear to such officer likely to be, or to contain, evidence of any such offence, transaction or dealing.

(2) Such public officer may

(a) break open any outer or inner door of or in any such place;

(b) forcibly enter any such ship and every part thereof;

(c) remove by force any personal or material obstruction to any arrest, detention, search, inspection, seizure, or removal, which he is empowered to make;

(d) detain every person found in such place until such place has been searched; and

(e) detain every such ship, and every person on board such ship, and prevent every person from approaching or boarding such ship, until such ship has been searched.

(3) No person shall delay or obstruct any detention, arrest, search, inspection, seizure, or removal, which is authorised by this Ordinance.

(4) Any authority given by the Superintendent under this section may be given to an individual or to a class, and may be

(a) general, so as to embrace all the powers referred to in this section; or

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

(b) limited, so as to embrace only a portion of those

powers; or

tion for

32. If any search made under this Ordinance is unsuc- Compensa- cessful and there is no reason to suppose that any opium unsuccessful liable to forfeiture under this Ordinance has been thrown search to be away or otherwise disposed of in order to avoid detection, the

Superin- Superintendent shall make good any damage caused thereby. tendent. No action shall be maintainable in respect of any such damage. In the event of any dispute as to the fact or amount of any damage, the dispute shall in every case be decided by the Superintendent or by some person nominated by him for that purpose.

Miscellaneous.

seizure not

33. In any proceedings before a magistrate or on appeal Manner of to the Supreme Court relating to the seizure of any opium, to be implements, or other articles, the seizure whereof is authorised inquired into. by any of the provisions of this Ordinance, it shall be lawful for such magistrate and for the judges, and they are hereby respectively required, to proceed in such cases on the merits only, without reference to matters of form and without inquiring into the manner or form of making any seizure, excepting in so far as the manner and form of seizure may be evidence on such merits.

Rules as to

secrecy of

and protec- informers.

tion of

34. (1) Except as hereinafter mentioned, no informa- tion laid under this Ordinance shall be admitted in evidence in information any civil or criminal proceeding, and no witness shall be obliged to disclose the name or address of any informer or to state any matter which might lead to his discovery, and if any books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceeding contain any entry in which any such informer is named or described or which might lead to his discovery, the court or magistrate shall cause all such passages to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery, but no further.

(2) But if, in any proceedings before a magistrate for any offence against any provision of this Ordinance, the magis- trate, after full inquiry into the case, believes that the informer wilfully made in his information a material statement which he knew or believed to be false or did not believe to be true, or if, in any other proceeding, the court or magistrate is of opinion that justice cannot be fully done between the parties thereto without the discovery of the informer, it shall be lawful for the court or magistrate to require the production of the original information, and to permit inquiry and require full disclosure concerning the informer.

may permit

35.--(1) Whenever two or more persons are charged Magistrate with any offence against this Ordinance, the magistrate may accused permit any of them to give evidence for the prosecution. persons

to give evidence for prosecution in certain

cases.

(2) Every person so permitted to give evidence, who shall Accused in the opinion of the magistrate make true and full discovery persons thus

assisting of all things as to which he is lawfully examined, shall be prosecution entitled to receive a certificate of indemnity under the hand to obtain of the magistrate stating that he has made a true and full from prose-

indemnity

cution.

287

288

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

Presump- tions.

Superin- tendent's certificate

Schedule.

Form No. 5.

Offences.

discovery of all things as to which he was examined, and such certificate shall be a bar to all legal proceedings against him in respect of all such things as aforesaid.

36. (1) Every person who is proved to have had in his possession or under his control any thing whatsoever con- taining opium, or the keys of any box, drawer or other receptacle whatsoever containing any opium, shall, until the contrary is proved, be deemed to have been knowingly in possession of, and to have known the kind of, the opium therein contained.

(2) Every person who is proved to have had in his possession or under his control or subject to his order any document of title, including any baggage receipt or any docu- ment or thing intended to serve the purpose of a baggage receipt, relating to any thing whatsoever containing any opium, shall, until the contrary is proved, be deemed to have been knowingly in possession of, and to have known the kind of, the opium therein contained.

(3) The presumptions provided for in this section shall not be deemed to have been rebutted by proof that the accused never had physical possession of the opium in question.

37.-(1) A certificate in the form of the Superintendent's Certificate set out in the Schedule, signed by the Superinten- dent, or by an Assistant Superintendent, if it purports to relate to any opium, shall in any proceeding be conclusive evidence as to the facts stated therein.

(2) Any such certificate purporting to be signed by the Superintendent, or by an Assistant Superintendent, shall, until the contrary is proved, be deemed to have been signed by the Superintendent, or by an Assistant Superintendent as the case may be.

Offences and penalities.

38.-(1) Every person who-

(a) acts in contravention of, or fails to comply with, any provision of this Ordinance or of any regulation made thereunder; or

(b) acts in contravention of, or fails to comply with, the conditions of any licence or permit issued or

or authority granted under or in pursuance of this Ordinance; or

(c) for the purpose of obtaining, whether for himself or for any other person, the issue, grant or renewal of any such licence or permit or authority as aforesaid, makes any declaration or statement which is false in any particular, or knowingly utters, produces or makes use of any such declaration or statement or any document containing the

same; or

(d) in the Colony aids, abets, counsels or procures the commission in any place outside the Colony of any offence punishable under the provisions of any corresponding law in force in that place, or does any act preparatory to, or in furtherance of, any act (wherever to be committed) which an offence if committed in the Colony would constitute against this Ordinance,

shall be guilty of an offence against this Ordinance.

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

(2) Every person who attempts to commit an offence (s. 38 contd.] against this Ordinance, or solicits or incites another person to commit such an offence, shall, without prejudice to any other liability, be liable upon summary conviction to the same punishment and forfeiture as if he had committed an offence under this Ordinance.

(3) Where a person convicted of an offence under this Ordinance is a company, the chairman and every director and every officer concerned in the management of the company shall, unless he proves that the act or omission constituting the offence took place without his knowledge and consent, be guilty of the like offence, and shall, notwith- standing the provisions of section 2 (1) (i), be liable to all the penalties and consequences to which a natural person would be liable upon conviction of the said offence.

(4) Where the person convicted of an offence under the Ordinance is a firm, every partner in the firm and every person concerned in the management of the firm shall, unless he proves that the act or omission constituting the offence occurred without his knowledge and consent, be guilty of the like offence, and shall, notwithstanding the provisions of sec- tion 2 (1) (i), be liable to all the penalties and consequences to which a natural person would be liable upon conviction of the said offence.

(5) Notwithstanding the provisions of any enactment which prescribes the time within which proceedings for an offence punishable upon summary conviction may be com- menced, any summary proceedings for an offence under this Ordinance, or for attempting to commit such an offence, or for soliciting or inciting another person to commit such an offence, may be commenced either within the time so pre- scribed or within six months from the date on which evidence sufficient in the opinion of the Superintendent to justify a prosecution comes to his knowledge, whichever time is the longer, and, for the purposes of this sub-section, a certificate purporting to be signed by the Superintendent as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence thereof.

(6) For the purposes of sub-section (5), the issue of a summons or warrant shall be deemed to be the commence- ment of proceedings, whether such summons or warrant is executed or not.

(7) For the purpose of removing doubts, it is hereby declared-

(a) that in any proceedings against any person under this Ordinance it is not necessary to negative by evidence any licence, authority or other matter of exception or defence, and that the burden of proving any such matter lies on the person seeking to avail himself thereof; and

(b) that, notwithstanding anything in any other enact- ment, any term of imprisonment imposed under this Ordin- ance on any person by a magistrate in respect of the non-payment of a fine imposed under this Ordinance may be ordered to commence at the expiration of any term of imprisonment imposed on that person for the same offence in addition to the fine.

289

290

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

[s. 38 contd.]

Penalties.

(8) Whenever any person to whom any licence or permit or authority has been issued or granted under this Ordinance would be liable under the provisions of this Ordinance or of any regulations made thereunder to any punishment, penalty or forfeiture for any act, omission, neglect or default, he shall be liable to the same punishment, penalty or forfeiture for every similar act, omission, neglect, or default of any agent or servant employed by him in the course of his business, and every agent or servant employed by him in the course of his business shall also be liable to every punishment, penalty, or forfeiture prescribed for such acts, omissions, neglects of defaults contrary to the provisions of this Ordinance as fully and effectually as if such agent or servant had been the person to whom the licence or permit or authority had been issued or granted.

(9) Every person who prepares, makes, delivers or sup- plies any requisition, particulars, return, accounts or other written statement required by or under this Ordinance, shall, if such requisition, particulars, return, accounts or written statement are false or incorrect either in whole or in part to the knowledge of the person so preparing, making, delivering or supplying the same, whether the same be signed by him or not, be guilty of an offence against this Ordinance.

39. (1) Every person who contravenes any of the provisions of any of the enactments specified in the first column of the following table shall upon summary conviction be liable to the penalty specified in the corresponding entries in the second and third columns of the said table:

Enactment.

Maximum fine.

Maximum term of imprisonment.

$2,000

s. 14

$1,000

s. 15 (1) s. 15 (2)

$ 500

s. 17

$5,000

s. 18

$5,000

s. 19

Six months.

One year. One year.

s. 25 (4)

s. 25 (5)

s. 26

$5,000 $ 250

CA SA CA

250 $ 250

One year.

Sixmonths.

$ 250

Three months.

under

any regulation

made

this Ordinance

Provided that any person who contravenes any of the provisions of sections 17, 18 or 19 shall be liable, on conviction on indictment, to a fine not exceeding ten thousand dollars and to imprisonment for any term not exceeding ten years.

(2) Where a term of imprisonment is specified in the third column of the above table, such imprisonment may be with or without hard labour and may be imposed in addition to any fine or without any fine being imposed.

(3) Every person who commits an offence against this Ordinance for which no penalty is otherwise prescribed shall upon summary conviction be liable to a fine not exceeding two thousand dollars, or not exceeding ten times the market

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

value of the opium (if any) in respect of which the offence was committed, whichever maximum fine is the greater, and to imprisonment for any term not exceeding one year: Provided that no such fine shall exceed five thousand dollars.

40. It shall be lawful for the court or a magistrate to Forfeiture. order to be forfeited to the Crown-

(1) any opium with respect to which any offence against this Ordinance has been committed whether any person shall have been charged with or shall have been convicted of such offence or not;

(2) any ship of less than fifteen tons net register tonnage in which any such opium may have been;

(3) any implements which have been seized in any search, unless such implements have been used only in connexion with Government opium;

(4) any unclaimed opium or implements.

estreated

41. All fines under this Ordinance, and any bail in Disposal of respect of any charge under this Ordinance which may be fines and estreated by a magistrate, shall be paid into a special account bail. and may be disposed of as the Governor may direct.

}

Ordinances

42. The Opium Ordinance, 1923, the Opium Amend- Repeal of ment Ordinance, 1924, and the Opium Amendment Ordinance, 1930, are repealed.

Passed the Legislative Council of Hong Kong, this 7th day of April, 1932.

No. 30 of

1923. No. 7 of 1924.

No. 3 of

1930.

291

R. A. C. NORTH, Deputy Clerk of Councils.

SCHEDULE.

FORM NO. 1.

[ss. 3, 4, 7, 8 and 37.]

IMPORT CERTIFICATE.

Opium Ordinance, 1932.

INTERNATIONAL OPIUM CONVENTION, 1925.

CERTIFICATE OF OFFICIAL APPROVAL OF IMPORT.

I hereby certify that the Ministry or Department of

being the Ministry or Department charged with the administration of

the law relating to opium, has approved the importation by (a).........................

(a) Name, address and.. business of importer.

292

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

[Schedule of (b)

contd.] (b) Exact description and amount of opium to be imported

exporting country from which the opium is to

be obtained,

from (c)

(d) State any subject to the following conditions (d)

special condi-

tions to be observed.

and is satisfied that the consignment proposed to be imported is required for the purpose of smoking under Government restriction pending complete suppression, and that it will not be exported (or, as the case may be, that it is required solely for medicinal or scientific purposes.)

Signed on behalf of the Ministry or Department of

Signature

Official Rank

Date

Superintendent.

FORM NO. 2.

[8. 7.]

REMOVAL PERMIT.

Opium Ordinance, 1932.

Permission is hereby granted to

subject to the conditions set out below, to move the raw opium described hereunder.

from

Import- Date of Number of Marks & Kind of Weight ing ship. arrival. packages. numbers. opium. of opium

Remarks.

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

293

Conditions.

1. This permit may be used only between p.m. on

the

[Schedule contd.]

a.m. and 19 ...

2. If this permit is not used within the hours and on the day specified, it must be returned to the Superintendent forthwith.

3. The opium must not be moved unless a revenue officer is present.

4. The permit must be produced whenever demanded by a revenue officer or police officer.

Date

Superintendent.

NOTE: The conditions may be varied or added to by the Superintendent.

FORM No. 3.

[8. 7.]

EXPORT PERMIT.

Opium Ordinance, 1932.

Permission is hereby granted to

subject to the conditions set out below, to export the

raw opium described hereunder to

by the S.S.

Import Date of Number of Marks & Kind of Weight ing ship arrival. packages. numbers. opium. of opium.

Remarks.

Conditions.

and

the

1. This permit may be used only between

p.m. on

a.m.

2. If this permit is not used within the hours and on the day specified, it must be returned to the Superintendent forthwith.

3. The opium must not be moved unless a revenue officer is present.

4. The permit must be produced whenever demanded by a revenue officer or police officer.

Date

Superintendent.

NOTE: The conditions may be varied or added to by the Superintendent.

294

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

FORM No. 4.

[8. 7.]

EXPORT MEMORANDUM.

Opium Ordinance, 1932.

Memorandum of raw opium for export per S.S.

Permit No.

Marks

Govt. No

No. of Kind Weight

pack- of

of ages opium. opium.

Exporter. Destination.

FORM NO. 5.

Superintendent.

SUPERINTENDENTS CERTIFICATE.

[s. 37.]

Opium Ordinance, 1932.

(Assistant) Superintendent of Imports and Exports,

hereby certify that on

I received personally from

marked

which is dollars

said

& ......

which I found to contain

the value of

) and that

.I personally handed

..the

in a

....sealed with my seal and marked with the

serial number, nature and amount of contents as stated above.

Date

(Assistant) Superintendent of Imports & Exports.

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

}..

No. 210

Hong Kong.

ORDINANCE No. 1 of 1903 (PUBLIC HEALTH AND BUILDINGS).

In exercise of the powers conferred by section 16 of the Public Health and Buildings Ordinance, 1903, the Sanitary Board makes the undermentioned by-laws and amendment to the Aerated Water Manufactories By-laws set forth in Govern- ment Notification No. 606 of 1925, published in the Gazette of the 23rd October, 1925

Additional By-Laws.

6A. No person shall spit in any aerated water factory except into spittoons provided for the purpose.

6B. The licensee shall cause to be continuously displayed, in a conspicuous position on every floor of his licensed premises, a notice or notices of a size and form approved by the Board, and in a language prescribed by the Board, requiring all persons present on the premises not to spit on the floor provided that the Board may, in its discretion, exempt in writing any premises from the above requirement as to display of notice, and revoke in writing any such exemption.

business.

Amendment.

Insert the additional by-laws above set forth in the Aerated Water Manufactories By laws, next after by-law 6.

Made by the Sanitary Board this 1st day of March, 1932.

J. H. GELLING,

Secretary.

Approved by the Legislative Council this 7th day of April, 1932.

R. A. C. NORTH, Deputy Clerk of Councils.

295

296

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

No. 211.

ปี

Hong Kong.

ORDINANCE No. 1 of 1903 (PUBLIC HEALTH AND

BUILDINGS).

In exercise of the powers conferred by section 16 of the Public Health and Buildings Ordinance, 1903, the Sanitary Board makes the undermentioned by laws and amendment to the Laundries By-laws set forth in Schedule B to the said Ordinance.

Additional By-Laws.

1A. No person shall spit in any public laundry except into spittoons provided for the purpose.

1B. The registered proprietor shall cause to be continuously displayed, in a conspicuous position on every floor of his registered premises, a notice or notices of a size and form approved by the Board, and in a language prescribed by the Board, requiring all persons present on the premises not to spit on the floor: provided that the Board may, in its discretion, exempt in writing any premises from the above requirement as to display of notice, and revoke in writing any such exemption.

10. The registered proprietor shall cause any phlegm, spittle or saliva found on the floor of his premises to be promptly swept up and removed; and in the event of his providing one or more spittoons, shall cause a sufficient quantity of a disinfectant fluid to be kept continuously in such spittoons while in use; and shall thoroughly cleanse them daily at the close of business.

Amendment.

Insert the additional by-laws above set forth in the Laundries By-laws, next after by-law 1.

Made by the Sanitary Board this 1st day of March, 1932.

J. H. GELLING,

Secretary.

Approved by the Legislative Council this 7th day of April, 1932.

R. A. C. NORTH, Deputy Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

297

No. 212.

Hong Kong.

ORDINANCE No. 1 of 1903 (PUBLIC HEALTH AND BUILDINGS).

In exercise of the powers conferred by section 16 of the Public Health and Buildings Ordinance, 1903, the Sanitary Board makes the undermentioned by-laws and amendment to the Bakehouses By-laws set forth in Schedule B to the said Ordinance.

Additional By-Laws.

SA. No person shall spit in any bake-house except into spittoons provided for the purpose.

8B. The registered proprietor shall cause to be continu- ously displayed in a conspicuous position on every floor of his registered premises, a notice or notices of a size and form approved by the Board, and in a language prescribed by the Board, requiring all persons present on the premises not to spit on the floor: provided that the Board may, in its discretion, exempt in writing any premises from the above requirement as to display of notice, and revoke in writing any such exemption.

8C. The registered proprietor shall cause any phlegm, spittle or saliva found on the floor of his premises to be promptly swept up and removed; and in the event of his providing one or more spittoons, shall cause a sufficient quantity of a disinfectant fluid to be kept continuously in such spittoons while in use; and shall thoroughly cleanse them daily at the close of business.

Amendment.

Insert the additional by-laws above set forth in the Bake- houses by-laws, next after by-law 8.

Made by the Sanitary Board this 1st day of March, 1932.

J. H. GELLING,

'Secretary.

Approved by the Legislative Council this 7th day of

April, 1932.

R. A. C. NORTH, Deputy Clerk of Councils.

298

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

No. 213.

Hong Kong.

ORDINANCE No. 1 of 1903 (PUBLIC HEALTH AND

BUILDINGS).

In exercise of the powers conferred by section 16 of the Public Health and Buildings Ordinance, 1903, the Sanitary Board makes the undermentioned further amendment to the Food-preserving Establishments By-laws set forth in Govern- ment Notification No. 479 of 1930, published in the Gazette of the 1st August, 1930, and amended as appears in Govern- ment Notification No. 560 of 1931, published in the Gazette of the 4th September, 1931.

Amendment.

In by-law 4, next after condition (4), insert the following additional conditions,-

(4A) No person shall spit in any food-preserving establish- ment except into spittoons provided for the purpose.

(4B) The registered proprietor shall cause to be continuously displayed, in a conspicuous position on every floor of his registered premises, a notice or notices of a size and form approved by the Board, and in a language prescribed by the Board, requiring all persons present on the premises not to spit on the floor.

(40) The registered proprietor shall cause any phlegm, spittle or saliva found on the floor of his premises to be promptly swept up and removed; and in the event of his providing one or more spittoons, shall

　　　　　　　shall cause a sufficient quantity of a disinfectant fluid to be kept continuously in such spittoons while in use; and shall thoroughly cleanse them daily at the close of business.

Made by the Sanitary Board this 1st day of March, 1932.

J. H. GELLING,

Secretary.

Approved by the Legislative Council this 7th day of

April, 1932.

R. A. C. NORTH, Deputy Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

299

No. 214.

Hong Kong.

ORDINANCE No. 1 of 1903 (PUBLIC HEALTH AND BUILDINGS).

In exercise of the powers conferred by section 16 of the Public Health and Buildings Ordinance, 1903, the Sanitary Board makes the undermentioned by-laws and amendment to the Dairies By-laws set forth in Schedule B to the said Ordinance.

Additional By-Laws.

4A. No person shall spit in any dairy except into spittoons provided for the purpose.

4B. The registered proprietor shall cause to be continuously displayed, in a conspicuous position on every floor of his registered premises, a notice or notices of a size and form approved by the Board, and in a language prescribed by the Board, requiring all persons present on the premises not to spit on the floor: provided that the Board may, in its discretion, exempt in writing any premises from the above requirement as to display of notice, and revoke in writing any such exemption.

4C. The registered proprietor shall cause any phlegm, spittle or saliva found on the floor of his premises to be promptly swept up and removed; and in the event of his providing one or more spittoons, shall cause a sufficient quantity of a disinfectant fluid to be kept continuously in such spittoons while in use; and shall thoroughly cleanse them daily at the close of business.

Amendment.

Insert the additional by-laws above set forth in the Dairies By-laws, next after by-law 4.

Made by the Sanitary Board this 1st day of March, 1932.

J. H. GELLING,

Secretary.

Approved by the Legislative Council this 7th day of

April, 1932.

R. A. C. NORTH, Deputy Clerk of Councils.

300

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

No. 215. His Majesty the KING has not been advised to exercise his power of disallowance with respect to the following Ordinances :---

Ordinance No. 38 of 1931.-An Ordinance to amend further the Registration

of United Kingdom Patents Ordinance, 1925.

Ordinance No. 40 of 1931. -An Ordinance to make provision for the taxation of bets on authorised totalisators or pari-mutuels and on contributions or subscriptions towards authorised cash-sweeps.

R. A. C. NORTH,

COUNCIL CHAMBER,

Sth April, 1982.

Deputy Clerk of Councils.

APPOINTMENTS, &c.

No. 216.-His Excellency the Governor has been pleased to appoint, provisionally, and subject to His Majesty's pleasure, Mr. WILLIAM HENRY BELL to be temporarily an Unofficial Member of the Legislative Council, in the place of the Honourable Mr. CHARLES GORDON STEWART MACKIE, who is temporarily absent from the Colony, with effect from 1st April, 1982.

8th April, 1932.

No. 217.-His Excellency the Governor has been pleased to appoint, provisionally and subject to His Majesty's pleasure, the Honourable Mr. WILLIAM EDWARD LEONARD SHENTON to be an Unofficial Member of the Legislative Council for a further period of four years, with effect from the 3rd April, 1932.

8th April, 1932.

No. 218.-Ilis Excellency the Governor has been pleased to appoint Lieutenant FRANCIS WYNNE WEBB, Royal Artillery, to be one of his Honorary Aides-de-Camp, with effect from 5th April, 1932.

Sth April, 1932.

No. 219.-His Excellency the Governor has been pleased to appoint Mr. ERNEST HILLAS WILLIAMS to be District Officer in the Northern District of the New Territories, with effect from 6th April, 1932.

6th April, 1932.

No. 220. His Excellency the Governor has been pleased to authorise Mr. ERNEST HILLAS WILLIAMS, under the provisions of section 58 of the New Territories Regulation Ordinance, 1910, Ordinance No. 34 of 1910, to hold a Small Debts Court in the New Territories at the following places :-

The Magistracy, Tai Po, the Land Office, Ping Shan, and the charge rooms of the Police Stations at Au Tau, Ping Shan, Sha Tau Kok, Sai Kung, Sha Tin, Sheung Shui, Lok Ma Chau and Castle Peak, with effect from 6th April, 1932.

6th April, 1932.

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

NOTICES.

301

COLONIAL SECRETARY'S DEPARTMENT.

No. 221. The following Finding of the Marine Court of Enquiry held on the 30th March, 1932, to enquire into the circumstances attending the collision between the British Steamships Sui Tai and Venezia, is published for general information.

8th April, 1932

W. T. SOUTHORN,

Colonial Secretary.

FINDING.

　　We find that the S.S. Sui Tai, official No. 120998 of Hong Kong, of which Com- mander T. Pritchard, R.N.R., was master (Certificate of Competency No. 033476, London) left Macao at 2 p.m. on the 12th March, 1932, on a voyage to Hong Kong.

　　When at a point approximately North-east, three quarters of a mile from the northern extremity of Cheung Chau Island she sighted the S.S. Venezia at least one point on her starboard bow, the Venezia being on an opposite course. Visibility about one cable.

　　Under the circumstances, we consider that the Master of the Sui Tai acted in a correct manner by putting his helm to starboard and going astern on his port engine, and we therefore adjudge him to be entirely free of blame for the collision which ensued.

　　Given under our hands at Victoria, in the Colony of Hong Kong, this 30th day of March, 1932.

(Signed)

G. F. HOLE,

Stipendiary Magistrate and President of the Court.

L. G. ADDINGTON,

J. H. FERGUSON,

Lieut.-Commdr., R.N., H.M. Dockyard.

Master, British S S. Kumsang

Master, British SS Haiyang.

T. R. IRELAND,

W. G. ERWIN,

Master, British SS. Tyndareus.

COLONIAL SECRETARY'S DEPARTMENT

To the Owner of Survey District IV Lot No. 3168.

　　No. 222.-Take notice that Survey District IV Lot No. 3168 is required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown ands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption. In the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

W. T. SOUTHORN,

Colonial Secretary.

8th April, 193 ?.

302

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8,1932.

布政司蕭

通告事照得丈量約份第四約第三

千通

益須由今日起限一個月內將其收千一百六十八號地段現因舉辦公

囘至如何補置則按一千九百年收

收收

回公地則例卽其經一千九百三十

公地

卽

其

公斷局議定應補置若干如此通告

又該地業主須自行選舉一人會同年政府收回公地則例修正者辦理

期滿一星期內該地業主倘未有人

選定則公斷局可代其選定一人爲

其訂議此佈

九千

右通告丈量約份第四約第三

千一百六十八號地與業主

一千九百卅二年四月八日

誠

COLONIAL SECRETARY'S DEPARTMENT.

To the humer of Survey District I Lots Nos. 7207 and 7210.

　　　No. 223.-Take notice that Survey District I Lots Nos. 7207 and 7210 are required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week from the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

8th April, 1932.

W. T. SoUTHORN,

Colonial Secretary.

布政司蕭

一十號地段業主

千二百零七號及第七千二百

右通告丈量約份第一約第七

代其選定一人爲其訂議此佈地業主尚未有人選定則公斷局可置若干如此通告期滿一星期内該行選舉一人會同公斷局議定應補則例修正者辦理又該地業主須自其經一千九百卅年政府收回公地

則按一千九百年收回公地則例即限一個月內將其收回至如何補置號地段現因舉辦公益須由今日起千二百零七號及第七千二百一十通告事照得丈量約份第一約第七

一千九百卅二年四月八日

囘則

公例

地即

七篇

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

303

SUPREME COURT.

　　No. 224. It is hereby notified that, by command of His Excellency the Governor, and pursuant to the Public Health and Buildings Ordinance, 1903, as amended by the Public Health and Buildings Ordinance, 1927, an Election of a member of the Sanitary Board will take place at the Office of the Registrar, Supreme Court, Hong Kong, on Tuesday, the 10th day of May, 1932, commencing at 10 o'clock in the forenoon.

　　Sub-sections (2) to (8) of section 8 of the Public Health and Buildings Ordinance, 1903, which govern the right to vote at the election, read as follows:-

(2) Two of the said additional members shall be elected by an electorate com- posed of the persons whose names shall appear in one or other of the two parts of the register hereinafter referred to.

(3) The first part of the register shall consist of the two jurors lists for the current jury year brought into force under the provisions of the Jury Ordinance, 1887.

(4) The second part of the said register, which shall be kept by the Registrar of the Supreme Court, shall consist of the names of all male persons of any of the following classes who shall have duly applied to be registered therein, and whose claims to be registered shall have been duly allowed:-

(a) unofficial members of the Executive or Legislative Council; (b) persons of sound mind who have previously been included in the jurors lists but have been omitted therefrom on account of age or infirmity ;

solicitors in actual practice;

(d) persons registered under Section 4 of the Medical Registration Ordinance, 1884, or under the Dentistry Ordinance, 1914, or under the Pharmacy and Poisons Ordinance, 1916;

(e) editors, sub-editors and reporters of daily newspapers published

in the Colony;

(f) clergymen of the Church of England, Roman Catholic priests, and ministers of any congregation of Protestant Dissenters or Jews, acting as such in the Colony;

(g) professors and other academic officers of the University of

Hong Kong;

(h) masters of schools which are certified by the Director of Educa-

tion as not being vernacular schools;

(i) masters of steamers and local pilots; and

(j) officers and non-commissioned officers of the Hong Kong Volun- teer Corps, and such other members of the Hong Kong Defence Corps as shall have been exempted from jury service by the Governor in Council;

Provided that no person who is in the service of the Crown, and whose whole time is at the disposal of the Crown, shall be entitled to be included in the said register.

(5) If any question arises as to the right of any person to be included in the second part of the said register such question shall be decided by the Registrar of the Supreme Court, subject to an appeal within seven days to the Governor in Council whose decision thereupon shall be final; Provided that it shall be lawful for the Governor in Council to vary such decision at any time.

304

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

(6) Subject to any rules which may be made under s. 9 of the Public Health and Buildings Ordinance, 1903, the second part of the said register shall be closed to any fresh applications for registration for fourteen days before the day appointed for any ballot for the election of a member of the Sanitary Board, and shall remain closed until after the balloting in that election shall have been completed.

(7) Every person who at any ballot held under this section applies for a ballot paper in the name of some other person, whether that name be that of a person living or dead or of a fictitious person, or who having voted once at any such ballot, applies at the same ballot for a ballot paper in his own name, and every person who, for the purpose of procuring his registration in the second part of the register referred to in sub-sections (2) to (6), knowingly makes any false or misleading representation, whether verbal or in writing or by conduct, shall upon summary conviction be liable to a fine not exceeding five hundred dollars and to imprisonment for any term not exceeding three months.

(8) If any question arises as to the validity of any proceeding in any election or intended election of a member of the Sanitary Board, the decision of the Governor in Council thereon shall be final and conclusive for all purposes whatsoever and the Governor in Council may thereupon give any direction which he may think fit.

　　　　　The election will be conducted in accordance with the rules contained in Schedule C to the above named Ordinance contained in Government Notice No. 408 of 1927.

　　　　Every nomination must be in writing, must be signed by two electors, countersigned by the candidate and delivered to the Registrar of the Supreme Court not later than 1 p.m. on Wednesday, the 20th day of April, 1932.

　　　　In the event of the election being contested voting will commence immediately after the nominations have been read and continue until 1 p.m., when the ballot-box will be closed unless the Presiding Officer decides to extend the time for voting.

8th April, 1932.

E. P. H. LANG, Registrar.

SUPREME Court.

No. 225.--It is hereby notified that the name of The YUEN LEE COMPANY, Limited, has been struck off the Register.

8th April, 1932.

E. P. H. LANG,

Registrar of Companies

304

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

　　　　　The election will be conducted in accordance with the rules contained in Schedule C to the above named Ordinance contained in Government Notice No. 408 of 1927.

8th April, 1932.

E. P. H. LANG, Registrar.

SUPREME Court.

No. 225.--It is hereby notified that the name of The YUEN LEE COMPANY, Limited, has been struck off the Register.

8th April, 1932.

E. P. H. LANG,

Registrar of Companies

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

ASSESSOR'S OFFICE.

No. 226.--The following alterations in house numbers are hereby notified.

NEW NUMBERS.

OLD NUMBERS.

LOT

新門牌

舊門牌

NUMBERS.

CANAL ROAD WEST.

運河道西

REMARKS.

West side of Bowrington Canal, from Gloucester Road to Leighton Hill Road.

號號

二號

三號

Here is Gloucester Road.

I.L. 2757

多多

四號

五號

6 六號

......

Here is Jaffe Road.

I.L. 2757

......

Here is Lockhart Road.

七號

八號

號號

M.L. 270 &

I.L. 744

二號 I.L. 744

九號

三號

一零號

四號

-號

五號

一二號

六號

一三號

七號

一四號

八號

一五號

九號

Here is Wanchai Road, then Sharp Street West.

一六號

一零號

I.L. 1371 S.A.

& R.P.

一七號

-號

R.P.

一八號

一二號

1510

一九號

一三號

二零號

一四號

二一號

一五號

S.B.

二二號

一六號

305

306

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

NEW NUMBERS.

OLD NUMBERS.

LOT

REMARKS.

新門牌

舊門牌

NUMBERS.

CANAL ROAD WEST,-Continued.

運河道西

二三號

一七號 I.L. 1510 S.A.

二四號

一八號

二五號

一九號

5th April, 1932.

Here is Lane to Bowrington Road.

I.L. 1508

1365

Then Leighton Hill Road.

EDWIN TAYLor,

Treasurer and Assessor of Rates.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 227. It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909:-

Number

of Marks.

Date of Registration.

Names and Addresses of Owners.

Period of Renewal.

Classes in which renewed.

File Nos...

Nos. 12C and 12D of 1904.

6th April, 1904.

Singer Manufacturing Company of 42 and 43 St. Paul's C yard, London, and the European Works, Kilbouie, Glasgow, Scotland, and Elizabeth Port,

ch-

6th April, 1946.

of 1932.

Nos. 96 and 97 of 1918.

6th April, 1918.

New Jersey, U.S.A.

Willys-Overland Company of Manhattan Boulevard, City of Toledo, State of Ohio, United States of America.

7th April, 1932.

6th April, 1946.

223

of 1932...

E. L. AGASSIZ, Registrar of Trade Marks..

306

THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.

NEW NUMBERS.

OLD NUMBERS.

LOT

REMARKS.

新門牌

舊門牌

NUMBERS.

CANAL ROAD WEST,-Continued.

運河道西

二三號

一七號 I.L. 1510 S.A.

二四號

一八號

二五號

一九號

5th April, 1932.

Here is Lane to Bowrington Road.

I.L. 1508

1365

Then Leighton Hill Road.

EDWIN TAYLor,

Treasurer and Assessor of Rates.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 227. It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909:-

Number

of Marks.

Date of Registration.

Names and Addresses of Owners.

Period of Renewal.

Classes in which renewed.

File Nos...

Nos. 12C and 12D of 1904.

6th April, 1904.

Singer Manufacturing Company of 42 and 43 St. Paul's C yard, London, and the European Works, Kilbouie, Glasgow, Scotland, and Elizabeth Port,

ch-

6th April, 1946.

of 1932.

Nos. 96 and 97 of 1918.

6th April, 1918.

New Jersey, U.S.A.

Willys-Overland Company of Manhattan Boulevard, City of Toledo, State of Ohio, United States of America.

7th April, 1932.

6th April, 1946.

223

of 1932...

E. L. AGASSIZ, Registrar of Trade Marks..

308

THE HONG KONG GOVERNMENT GAZETTE, APRIL 15, 1932.

EXECUTIVE COUNCIL.

No. 228.-His Excellency the Governor in Council has been pleased to direct under section 7 of the Public Health and Buildings Ordinance, 1903, Ordinance No. 1 of 1903, that the name of Mr. HUGH FREDERICK CHARLES COLMAN be added to the List of Authorized Architects published in Government Notification No. 740 of the 27th Novem- ber, 1931.

COUNCIL CHAMBER,

5th April, 1932.

No. 229.

Hong Kong.

D. W. TRATMAN,

Clerk of Councils.

THE COMPANIES ORDINANCE, 1911.

　　　　With reference to the annual list in two parts containing the names of persons authorised by the Governor in Council to perform the duties required by the above mentioned Ordinance to be performed by an auditor, published as Government Notifica- tion No. 471 in the Gazette of the 24th July, 1931, the following further additions to part I of the said list are now published,

Names added-

PEARSON, A. E.

MACKIE, F. W.

LACKIE, W.

PEARSON, MACKIE & Co.

COUNCIL CHAMBER,

12th April, 1932.

D: W. TRATMAN,

Clerk of Councils.

LEGISLATIVE COUNCIL.

No. 230.-His Majesty the KING has not been advised to exercise his power of disallowance with respect to the following Ordinance :--

Ordinance No. 39 of 1931.-An Ordinance to amend and consolidate the law

relating to the taxation of tobacco.

COUNCIL CHAMBER,

13th April, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, APRIL 15, 1932.

APPOINTMENTS, &c.

309

　　No. 231. With reference to Government Notification No. 219 of 10th April, 1931, His Excellency the Governor has been pleased to appoint Mr. MARCUS THEODORE JOHNSON to be a Member of the Harbour Advisory Committee, vice the Honourable Mr. CHARLES GORDON STEWART MACKIE, resigned, with effect from 13th April, 1932.

15th April, 1932.

No. 232.-His Excellency the Governor has been pleased to appoint the Honourable Mr. WILLIAM HENRY BELL to be a Member of the Authorized Architects' Consulting Committee during the absence on leave of the Honourable Mr. CHARLES GORDON STEWART MACKIE or until further notice.

15th April, 1932.

No 239.-His Excellency the Governor has been pleased to appoint Lieutenant JAMES FRANCIS WRIGHT, Hong Kong Volunteer Defence Corps, to be one of his Honorary Aides-de-Camp, during the absence on leave of Lieutenant HARRY OWEN HUGHES, Hong Kong Volunteer Defence Corps, with effect from 12th April, 1932.

15th April, 1932.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Survey District 1V Lot No. 914 Section G, Sub-sections 1 and 3.

　　　No. 234.-Take notice that Survey District IV Lot No. 914 Section G Sub-sections 1 and 3 are required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amend- ment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption, and that in the event of your failing to nominate a member to serve on the Board within one week from the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

15th April, 1932.

W. T. SOUTHORN,

Colonial Secretary.

布政司蕭

告事照得丈量約份第四約第九

九

百一十四號分段 G 小第一號及

310

THE HONG KONG GOVERNMENT GAZETTE, APRIL 15,1932.

須公

通布

第三號地段現因舉辦公益須由今

日起限一個月内將其收回至如何

補置則按一千九百年收回公地則

例即其經一千九百卅年政府收囘

公地則例修正者辦理又該地業主

該政

須自行選舉一人會同公斷局議定

一千九百三十二年四月十五日號及第三號地段業主

百一十四號分段G小第一

右通告丈量約份第四約第九

局可代其選定一人爲其訂議此布

内該地業主尙未有人選定則公斷

應補置若干如此通告期滿一星期

主小

假約

第第

W. T. SOUTHORN,

C'olonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

To the Owners of Survey District IV Lot No. 915 Sectión B.

No. 235. -Take notice that Survey District IV Lot No. 915 Section B is required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption. Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitra- tors to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week from the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

十收

布政司蕭

通告事照得丈量約份第四約第九

年政府收回公地則例修正不辦

收回公地則例即其經一千九百三收回至如何補置則按一千九百年公益須由今日起限一個月内將其

百一十五號分B地民現因舉辦

須公

人選定則公斷局可代其選定一告期滿一星期内該地業主尚未有同公斷局議定應補置若干如此通理又該地業主須自行選舉一人

爲其訂議此布

右通告丈量約份第四約第九

地

百一十五號分段B地與業主

一千九百世二年四月十五日

將舉

其辦九為

有通

王九

15th April, 1932.

THE HONG KONG GOVERNMENT GAZETTE, APRIL 15, 1932.

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Survey District IV Lot No. 2893.

311:

No.236.-Take notice that Survey District IV Lot No. 2893, is required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption, and that in the event of your failing to nominate a member to serve on the Board within one week from the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

15th April, 1932.

W. T. SOUTHORN,

Colonial Secretary.

布政司蕭

定則公斷局可代其選定一人爲其

滿一星期內該地業主尙未有人選斷局議定應補置若干如此通告期該地業主須自行選舉一人會同公政府收回公地則例修正者辦理回公地則例卽其經一千九百卅年闾至如何補置則按一千九百年收益湏由今H起限一個月内將其收千八百九十三號地段現因舉辦公通告事照得丈量約份第四約第二

訂議此布

千八百九十三號地與業主

右通告丈量約份第四約第二

一千九百卅二年四月十五日

爲

其選

SUPREME COURT

No. 237.-It is hereby notified that the name of The YEE WO RESTAURANT, IIMITED, has been struck off the Register.

15th April, 1932.

E. P. H. LANG,

Registrar of Companies.

SUPREME COURT

No. 238.-It is hereby notified that the name of The TAI HONG STEAMSHIP COM- PANY, LIMITED, has been struck off the Register.

15th April, 1932.

E. P. H. LANG,

Registrar of Companies.·

314

THE HONG KONG GOVERNMENT GAZETTE, APRIL 22, 1932.

APPOINTMENTS, &c.

　　　No. 239.-His Excellency the Governor has been pleased to appoint Mr. MICHAEL JAMES BREEN to be Postmaster General, with effect from the 21st April, 1932.

22nd April, 1932.

　　　No. 240.--His Excellency the Governor has been pleased to appoint Mr. ERIC WILLIAM HAMILTON to act as Superintendent of Imports and Exports during the absence on leave of Mr. JOHN DANIEL LLOYD, with effect from the 23rd April, 1932.

22nd April, 1932.

　　　No. 241.-His Majesty the KING has been pleased to approve the appointment of the Honourable Sir HENRY EDWARD POLLOCK, K.C., to be an Unofficial Member of the Legislative Council for a further period of four years, with effect from the 17th January,

1932.

-22nd April, 1932.

No. 242.-His Excellency the Governor has been pleased to appoint the Honourable Mr. Ts'o SEEN-WAN, O.B.E., LL.D., and the Reverend FRANK SHORT as Members of the Board of Education for a further period of two years, with effect from the 9th April, 1932.

22nd April, 1932.

No. 243. His Excellency the Governor has been pleased to appoint, under the provisions of paragraph 8 of Statute 4 of the Second Schedule of the University Ordi- nance, 1911, Ordinance No. 10 of 1911, Mr. SYDNEY HAMPDEN ROSS to act as a Member of the Court of the University of Hong Kong, during the absence on leave of Mr. JOHN HENNESSEY SETH, with effect from 22nd April, 1932.

22nd April, 1932.

No. 244.

NOTICES.

Hong Kong.

ORDINANCE No. 4 of 1899 (PRISONS).

In exercise of the powers conferred by section 2 of the Prisons Ordinance, 1899, His Excellency the Governor is pleased to order and it is hereby ordered that a piece of land and buildings situate at Lai Chi Kok, New Kowloon, and lying to the south east of Lai Chi Kok Prison be set apart for the purposes of a prison under the above Ordinance.

W. T. SOUTHORN,

18th April, 1932.

Colonial Secretary.

THE HONG KONG GOVERNMENT GAZETTE, APRIL 22, 1932.

For "abudonųj

315

all

COLONIAL SECRETARY'S DEPARTMENT.

　　No. 245.-It is hereby notified that the undermentioned streets are to be known for the future by the names indicated against them:

DESCRIPTION.

Street running south from Hung Shing,

Temple, passing between Aberdeen Marine Lot No. 1 and Aberdeen Inland Lot No. 30, crossing Main Street and terminating at its junction with San Shi Street

Street running east from Hung Shing Street and Temple, parallel to and north of Main Street, passing Wai Fung Street, Ping Lan Street, Shan Ming Street and terminating at its junction with Shui Sau Street

Street running east from Hung Shing Street, parallel to and south of Main Street, pass- ing Wai Fung Street, Ping Lan Street, Shan Ming Street and terminating at its junction with Shui Sau Street

Street running south from Ho King Street, parallel to and east of Hung Shing Street crossing Main Street, passing between Aberdeen Inland Lots 34 and 43 and terminating at its junction with San Shi Street

Street running south from Ho King Street, parallel to and east of Wai Fung Street, crossing Main Street, passing between Aberdeen Inland Lots 32 and 33 and terminating at its junction with San Shi Street

Street running south from Ho King Street, parallel to and east of Ping Lan Street, crossing Main Street passing along the east side of Aberdeen Inland Lots 31 and 44 and terminating at its junction with San Shi Street

Street running south from Ho King Street, parallel to and east of Shan Ming Street, alongside the eastern Praya Wall and terminating at its junction with San Shi Street

22nd April, 1932.

FUTURE NAME.

CHINESE VERSION.

Hung Shing Street.

洪聖街

Ho King Street.

好景街

San Shi Street.

新市街

Wai Fung Street.

惠風街

Ping Lan Street.

平瀾街

Shan Ming Street.

山明街

Shui Sau Street.

水秀街

W. T. SOUTHorn,

Colonial Secretary.

316 THE HONG KONG GOVERNMENT GAZETTE, APRIL 22, 1932.

No 246.

COMPARATIVE STATEMENT OF THE REVENUE AND EXPEN

Revenue from

Heads of Revenue.

Estimates.

1931.

1st to

31st

December, 1931.

Light Dues..

Revenue for same

Actual Revenue to

Revenue

for same

period of preceding

year.

31st December,

1931.

period of preceding

year.

648,740

60,923.27

27,573.23

658,337.36

329,313.46

Licences and

Internal

Revenue not otherwise

specified

18,558,075

1,680,323.80

1,434,099.46 20,934 568.19

16,169,266.40

Fees of Court or Office

Payments for specific.

purposes, and Reim- bursements in Aid.....

2,285,102

194,902.63

102,875.39 2,621,425.94 2,113,862.02

Post Office

1,360,000

223,136.12

163,820.28 2,035,938.60 1,375,207.08

Kowloon-Canton Railway...

948,550 106,969.89

98,275.61 1,095,098.77 973,128.63

Rent of Government Pro-

perty, Land and Houses...

1,432,420 299,292.70 286,213.27

1,587,942 43

1,541,895.52

Interest

133,000

8,404.12

11,218.66

224,460.46 390,799.73

Miscellaneous Receipts..

622,872

61,815.95 1,544,099.75

811,144.04 2,060,103.05

Total (exclusive of Land

Sales)

Land Sales (Premia on New

Leases)

25,988,759 2,635,768.48 3,668,175.65 29,968,915.79 | 24,953,575.89

1,500,000 328;454.56 383,777.72 3,177,807.94 2,864,897.03

TOTAL.........$ 27,488,759 2,964,223.04 4,051,953.37

33,146,723.73 | 27,818,472.92

14th April, 1932.

THE HONG KONG GOVERNMENT GAZETTE, APRIL 22, 1932.

DITURE FOR THE PERIOD ENDED 31ST DECEMBER, 1931.

Estimates,

Heads of Expenditure.

1931.

Expenditure from 1st to 31st December,

1931.

317

TREASURY.

Expenditure for same period of preceding

year.

Actual Expenditure

to 31st December,

1931.

Expenditure for same period of preceding

year.

H. E. the Governor

155,890

13.493.53

13,167.52

Cadet Service

566,221

44,259.25

50,178.58

170,605.97 636,078.97

150,450.32 517,813.61

Senior Clerical and Ac-

counting Staff

334,113

23,029.90

31,833.53

Junior Clerical Service

916,050

72,953.62

85,500.19

341,015.84 323,756.12 871,431.71 860,645.52

Colonial Secretary's Office

and Legislature

60,625

2,967.59

5,816.37

68,228.05 68,438.19

Secretariat for Chinese

Affairs

19,629

1.884.55

1,482.14

21,308.45

18,896.25

Treasury

54,635

4,211.18

4,586.47

71,280.57

34,189.06

Audit Department

72,604

5,177.44

5,899.26

81,080.71

67,919.44

District Office, North

24,317

2.672.99

2,684.31

22,958.36

24,844.96

Do., South

12,340

1,056.91

1,892.78

11,041.82

13,752.61

Communications :

(a) Post Office

408,405

19,966.84

55,304.61

406,215.36

353,689.84

(b) Do. Wireless

Telegraph Service.

149,961

15,275.25

11,468.40

148,677.96

129,997.69

Imports and Exports

Office

871,194

167,118.75

101,665.72

1,031,294.48

903,181.60

Harbour Department

1,164,394

111,074.78

117,560.42

962,648.12

999,605.03

Do.

Air

Service

154,568

860.88

1,011.46

26,691.12

93,896.70

Royal Observatory

71,012

5,890.83

5,173.41

74,137.85

54,133.40

Fire Brigade..

326,479

22,98 1.92

60,683.35

305,016.77

315,431.08

Supreme Court.

173,354

6,228.45

14,869.37

185,316.02

173,796.86

Attorney General.

47.226

3.720.89

5,793.93

50,632.92

47,400.55

Crown Solicitor's Office

50,322

7,995.47

4,342.05

55,252.64

47,911.93

Official Receiver

18,631

1,297.21

2,072.95

20,711.14

23,163.87

Land Office

36,754

2,920.94

4.422.90

42,163.90

38,368.71

Magistracy, Hong Kong...

2,399

238.02

186.56

1,990.37

1,961.55

Do., Kowloon

2,190

254.50

212.98

1,892.66

2,085.55

Police Force

2,710,962

195,095.04

217,685.26

2,768,161.31

2,569,664,42

Prisons Department..

713,369

81,948.88

65.952.15

778,119.73

677,585.16

Medical Department

1,446,585

108,234.26

126,032.24

1,336,923,89

1,186.249.73

Sanitary Department

954,276

79,418.56

78,401.87

851,751.65

868,949.89

Botanical and Forestry

Department

119,587

11,560.94

14,331.57

116.683.84

120,191.99

Education Department

1,739,708

146,768.30

171,135,51

1,707,557.94

1,662,169.33

Public Works Department.

2,038,928

175,823.26

183,805.60

Do., Recurrent......

1,536,150

400,690.78

2,306,678.48 2,033,300.08 470,102.36 1,581,926.75 1,564,118.43

Do., Extraordinary.

2,500,000

652,284.91

882,000.41

2,374,951.99

2,850,498.83

Kowloon-Canton Railway..

947,547

80,654.47

77,574.79

879,211.25

826,405.47

Defence:

(a) Volunteer

Defence

Corps

103,660

18,539.27

20,230.00

97,083.26 93,842.05

(b) Military

Contribu-

tion

4,784,290

388,128.25

321,821,75

4,932,598.36 3,863,769.31

Miscellaneous Services

1,490,955

725,133.96

120,401.91

Charitable Services

142,295

5,726.40

28,787.31

2,211,125.69 | 1,733,444.10

174,585.90

135,186.50

Charge on Account of

Public Debt

1,638,230

1,894,290.79

1,588,117.82

Pensions

1,228,000

85,194.20

86,883.58 1,541,441.41 1,080,821.99

TOTAL..............

29,787,855 3,692,736.17

3,452,955.57 | 31,160,774.00 | 28,119,615.54

EDWIN TAYLOR,

Treasurer.

THE HONG KONG GOVERNMENT GAZETTE, APRIL 22, 1932.

318

No. 247.

FINANCIAL RETURNS

COMPARATIVE STATEMENT OF THE REVENUE AND EXPEN

Estimates,

Heads of Revenue."

1931.

Light Dues

Licences and Internal Re-

648,740

Actual Revenue

to 31st December,

1931.

658,337.36

Revenue for

same period

Increase.

Decrease.

of preceding

year.

329,313.46

$ c.

329,023.90

　venue not otherwise specified -

18,558,075

20,934,568.19 16,169,266.40 4,765,301.79

Fees of Court or Office,

Payments for specific purposes, and Reim- bursements in Aid

2,285,102

2,621,425-94 2,113,862.02 507,563.92

Post Office

1,360,000

2,035,938.60 1,375,207.08

660,731.52

Kowloon-Canton Railway -

948,550 1,095,098.77 973,128.63

121,970.14

Rent of Government Pro-

perty, Land and Houses -

1,432,420

1,587,942.43 1,541,895.52

46,046.91

Interest

133,000 224,450.46

390,799.73

Miscellaneous Receipts -

622,872

811,144.04 2,065,103.05

166.339.27

1,248,959.01

Total (exclusive of Land

Sales)-

25,988,759

29,968,915.79 24,953,575.89 6,430,638.18

1,415,298.28

Land Sales, (Premia on

New Leases)

1,500,000 3,177,807.94 2,864,897.03

312,910.91

TOTAL

27,488,759 33,146,723.73 27,818,472.92 6,743,549.09 1,415,298.28

Deduct

Net

1,415,298.28

$5,328,250.81

319

TREASURY.

THE HONG KONG GOVERNMENT GAZETTE, APRIL 22, 1932.

FOR THE YEAR 1931.

DITURE FOR THE PERIOD ENDED 31ST DECEMBER, 1931.

Estimates,

Actual Expenditure

Heads of Expenditure.

1931.

to 31st December,

1931.

Expenditure for same period of preceding year.

Increase.

Decrease.

H. E. the Governor

155,890

170,605.97

150,450.32

20,155.65

Cadet Service

566,221

636,078.97

517,813.61

118,265.36

Senior Clerical and Ac-

counting Staff -

334,113

341,045.84

323,756.12

17,289.72

Junior Clerical Service

916,050

871,431.71

860,645.52

10,786.19

Colonial Secretary's Office

and Legislature

60,625

68,228.05

68,438.19

210.14

Secretariat for Chinese

Affairs

19,629

21,308.45

18,896.25

2,412.20

Treasury -

54,635

71,280.57

34,189.06

37,091.51

Audit Department

72,604

81,080.71

67,919.44

13,161.27

District Office, North -

24,317

22,958.36

24.844.96

1,886.60

Do., South -

12,340

11,041.82

13,752.61

2,710.79

Communications :

(a) Post Office

408,405

406,215.36

353,689.84

52,525.52

(b) Do. Wireless

Telegraph Services-

Imports & Exports Office -

149,961

148,677.96

129,997.69

18,680.27

871,194

1,031,294.48

903,181.60

128,112.88

Harbour Department -

1,164,394

962,648.:2

999,605.03

36,956.91

Do.

Air

Service

154,568

26,691.12

93,896.70

67,205.58

Royal Observatory-

71,012

74,137.85

54,133.40

20,004.45

Fire Brigade

326,479

305,016.77

315,431.08

10,414.31

Supreme Court -

173,354

185,316.02

173,796.86

11,519.16

Attorney General

47,226

50,632.92

47,400.55

3,232.37

Crown Solicitor's Office

50,322

55,252.64

47,911.93

7,340.71

Offical Receiver-

18,631

20,711.14

23,163.87

2,452.73

Land Office

36,754

42,163.90

38,368.71

3,795.19

Magistracy, Hong Kong

2.399

1,990.37

1,961.55

28.82

Do., Kowloon

2,190

1,892.66

2,085.55

192.89

Police Force-

2,710,962

2,768.161.31

2,569,664.42

198,496.89

Prisons Department

713.369

778.119.73

677,585.16

100,534.57

Medical Department

1,446,585

1,336.923.89

1,186,249.73

150,674.16

Sanitary Department

954,276

851,751.65

868,949.89

17,198.24

Botanical and Forestry

Department -

119,587

Education Department

1,739,708

116,683.84 1,707,557-94

120,191.99

3,508.15

1,662,169.33

+5,388.61

Public Works Depart-

ment

2,038,928

2,306,678.48

2,033,300.08

273.378.40

Public Works, Recurrent-

1,536,150

1,581,926.75

1,564,118.43

17,808.32

Do., Extraordinary-

2,500,000

2,374,931.99

2,850,498.83

475,566.84

Kowloon-Canton Railway

947,547

879,211.25

826,405.47

52,805.78

Defence :-

(a) Volunteer Defence

Corps

103,660

97,083.26

93,842.05

3,241.21

(b) Military Contribu-

tion

4,784,290

4,932,598.36

3,863,769.31

1,068,829.05

Miscellaneous Services

1,490.955

2,211,125.69

1,733,444.10

477,681.59

Charitable Services

142,295

174,585.90

135,186.50

39,399.40

Charge on Account of

Public Debt-

Pensions -

1,638.230 1,894,290.79 1,588,117.82 1,228,000 1,541,441.41 1,080,821.99

306,172.97 460,619.42

TOTAL

號

29,787,855 31,160,774.00 28,119,645-54 3,659,431.64

Deduct

Net

618,303.18

$3,041,128.46

618,303.18

320

THE HONG KONG GOVERNMENT GAZETTE, APRIL 22, 1932

Statement of Assets and Liabilities on the 31st December, 1931.

LIABILITIES.

Deposits :-

Contractors and Officers

Deposits

Suitors Fund

...

Miscellaneous Deposits

Postal Agencies

Suspense Account

Exchange Adjustment

Trade Loan Reserve

...

Praya East Reclamation

Coal Account

***

...

Crown Agents-Overdraft...

明

Advances

ASSETS.

...

3,483,564.01

...

447,468.26

415,261.81

590,712.07

2,611.171.02

On account of Future Loan

Purchase of three Locomotives for Chinese Section Kowloon- Canton Railway

Miscellaneous

Building Loans

...

Imprest Account .......

1,451.91

923,010.85

332,099.29

1,045,389.41

Investments :-

142,642.33

...

Subsidiary Coin ....

...

83,486.70

1,053,924.31

6,330.31

1,296,805.90

...

1,363,434.80

...

41,588.44

1,232,579.76

517,248.14

163,545.31

1,743.26

2,672.68

1,357.16

Surplus Funds

Crown Agents Remittances

Trade Loan Outstanding

...

Unallocated Stores, (P.W.D.)

Unallocated Stores, (Railway)

Lorry Haulage Account

Cash Balance :-

...

Total Liabilities

6,065,768.53

Treasurer

* Joint Colonial Fund

...

Excess of Assets over Liabilities

11,317,629.47

Total

17,413,398.00

*Joint Colonial Fund £159,000 Os. Od.

Fixed Deposits

Total...

: :.

3,588,678.89

...

2,303,999.99

...

1,828,999.92

17,413,398.00

Invested as follows:-

AMOUNT OF STOCKS, &c.

NOMINAL VALUE.

COST PRICE.

MARKET VAlue.

STERLING INVESTMENT.

London County Council,

(1945-85)

...

44% Stock.

Natal, (1929-49)

...

£10,137.14. ()

7,600. 0. 0

£9,137. 2, 0

5,646. 7. 0

(88) £8,971.17. 3

(69)

5,244. 0. 0

Newcastle Corporation,

(1945-55)

Queensland, (1940-60)

Treasury Bond, (1932-4)

...

41%

***

41%

10,000. 0. 0

29,009.16.10

50,972. 9. 5

9,600. 0. 0

(90)

9,000. 0. 0

28,719.14.11

(73)

21,177. 3. 6

50,993. 9.11

(97) 49,698. 3. 2

£107,720. 0. 3

£ 104,096.13.10

£94,091. 3.11

THE HONG KONG GOVERNMENT GAZETTE, APRIL 22, 1932.

321

Statement of Funded Public Debt or Loans borrowed for Fixed Periods outstanding on the 31st December, 1931, and of the Accumulated Sinking Fund at the same date.

Designation of Debt or Loan.

Amount

Legal Authority. Outstanding.

JOINT SINKING FUND 1931.

Amount of Stock, &c.

Cost Price.

Market Price.

Hong Kong 31% Inscribed

Stock.

No. 11 of 1905.

Ordinances Nos. 1 & 2 of 1893 and

£1.485.732.16.5 Antigua,

(1919-44)...4 % Stock.

Barbados. (1925-42)...3%

£ 2.729. 3. 1

25.786. 0. 0:

£ 2.165. 8. 5 (852)

22,575. 5. 9 (831)

£2,333. 8. 6

21,531. 6. 2

Birmingham Corporation,

(1946-56)...5 %A

British Guiana, (1935) 4 %

Do.,

(1923-45)...3 %

10.000. 0 0

500. 0. 0

7.139.18. 2

10,118.18. 0 | (981)

385. 1. 0(941XD)

5,369. 2. 5 (763)

9,850. 0. 0

472.10. 0

5,462. 0. 7

Cape of Good Hope.

(1933-43)...3 %

36.606.18 10

Do..

(1916-36)...4 %

19.852. 9. 7

29,668.10. 2 (761)

18.319.17 0 (901)

28,004. 6. 2

17,966. 9.10

Cardiff Corporation.

(1935)...32%

1.450. 0. 0

Ceylon, (1936-51) .......6 %

10,428.18. 1

Do.,

(1934)........... 4 %

Do.,

(1934-59) ......3%

Do., (1940)

1,819.10. 0

6.354.19. 4

38.509. 8. 3

1.288.16. 9

11.091. 0. 2 (1003)

1,533. 2. 6 (941)

(91)

1,326.15. 0

10,481. 1. 0

1,719. 8. 7

6,094.15.10 (743)

27,164.17. 1 (81)

4.734. 9. 0

31,385. 3. 5

Conversion Loan,

(1940-44)...42%

Dominica, (1920-42)...4 %

2,545. 2. 2

2,601.13. 5

Fiji.

(1946-53)...5 %

Gold Coast, (1945-70)...6 %

40.056.12.10

45.276.18. 0

2,536.17.10 | (933)

2,420. 5.11 (*)

41.118. 9. 9| (941)

2,379 13. 6

2.420. 5.11

37.853.10. 6

50,281. 6. } (1024)

46,408.16. 5

Do..

(1939-59)...4 %

Do.,

(1934-59) ..33%

Do.,

Grenada,

(1927-52)...3 %

(1917-42)...4 %

Hong Kong, (1918-43).33%

India, (1931)

.3%

Jamaica, (1934)

4 %

Do.,

(1919-49)..... 31%

Do.,

Kenya,

Do.

(1922-44) ...3 %

(1946-56)..... 6 %

(1948-58)......5 %

Mauritius. (1940) 3 %

Do., (1937) + %

Montserrat, (1919-44) ..44%

Natal, (1937)

1,953.15. 2

11.337.12. 5

19,311. 9. 9

3,643. 4. 5

31,984. 9. 8

3,982.18. 1

7,792. 1.10

11,497.14. 8

6.350. 3. 0

1,513.19. 6 (784)

11.052. 7. 3 (741)

14,814.12.

1,533.14. 0

8,446.10. 7

(70%)

13,614.12. 0

91.715.18. 7

4 %

Do., (1914-39)..... ...34%

Do., (1934-44) 34%

Do., (1929-49).........3 %

New South Wales.

(1930-50)...31%

2.075.16 2

2,800. 0. 0

3.434.11. 0

594. 8.10

3,380.16. 3

6.338. 9. 6

16,912. 3. 3

306.19.10

2,849. 4. 8 (874)

27,586. 6. 5 (823)

3,786.13. 6 (50)

7,747.12. 9 (941)

9,703. 2.0 (761)

4.500.19. 2 (791)

101,990.12. 0 | (1031)

2,195. 5. 0 (943)

1,855. 4. 0 (821)

3,187.16. 4

26,387. 4. 0

1,991. 9. 0

7,363.10. 6

8,795.15. 4

5,048. 7. 5

94,925.19. 9

1,961.12. 9

2,310. 0. 0

3.154. 7.10 (901)

526.15. 2 (*)

3.114. 2 9 (893)

5.125.13. 5 (824)

14.322.15. 4 (79)

271. 0.10 (69)

3,108, 5. 4

526.15. 2

3,025.16. 7

5,229. 4.10

13,360.12. 2

211.16. 6

1,564. 6. 5

1.151. 8. 0 (593)

930.15. 5

New Zealand,

Do.,

(1933-43)...4 %

(1940)..............33%

49 839. 6. 8

21,557.11. 7

45.130. 0 8 | (781)

18,504.17. 1 | (751)

39,123.17. 6

16,275,19. 5

Carried forward...... £550,031. 810 £513,328.14. 3

* No quotation.

£481,688.19. 2

322

Designation of Debt or Loan.

THE HONG KONG GOVERNMENT GAZETTE, APRIL 22, 1932.

Statement of Funded Public Debt, &c.,-Continued.

Legal

　　　　　　Amount Authority. Outstanding.

JOINT SINKING FUND 1931.

Amount of Stock, &e

Cost Price.

Market Price.

Brought forward..

£550,031 8.10 £513,328.14. 3

£481,688.19 2

New Zealand,

(1945)......3 % Stock.

Do.,

(1945)..... 41%

3,575. 8. 8

2 638.13 10

jo..

(1944). ...4%

Nigeria,

1936-46). .6 %

Do,

(1947-57)......5 %

Do.,

(1949-79) .....6 %

Do.. (1963)

Queensland, (1922-47) 3 %

Do..

(1940-60)...5 %

11,097. 7. 6

12,796. 3. 4 |

2,500. 0. 0

2,049.17. 6

47.144.17. 6

2,000. 0. 0

5,990. 3. 2

3,080.11. 2 (663)

2,516.13.0

10,282. 6. 5 (814)

2,377.13. 3

(824)

2.176.18. 5

9,044 7. 3

12,923.17. 4 | (991)

2.431.9.0 (951)

2,335 3,6 (1034)

39,812.12. 1 (78)

1,948. 5.10 | (561)

5.800. 3. 4 (73)

12,732. 3. 9

2,387.10. 0

2,121.12. 5

37,008.14. 6

1,130. 0. 0

4,372.16. 4

Sierra Leone,

(1929-54)...3%

3,265.18. 1

St. Lucia, (1919-44)...4 %

11,314. 7 11

3,453.10.10 | (741)

8.498. 3. 7 (85)

2,433. 2. 0

9,617. 4. 9

South Australia.

Do..

(1939)...3%

(1917-36)...4 %

674. 2. S

2.576. 6. 7

853. 8. 2 (641)

2,315 13.10 (*)

434.16. 4

2.315.13.10

South Nigeria (Lagos),

Straits Settlements,

(1930-55)...31%

38,650.14. 5

37,980. 4. 7 | (751)

29,181. 5.11

(1936-51)...6 %

Do.,

Treasury

(1935-45)...44%

(1931-33)...+ % Bond.

Tasmania, (1920-40)...4 % Stock.

Trinidad, (1917-42)...4 %

10,372.10. 3

40 557. 6. 7

852. 4. 3

774. 2. 2

11.211.13.11 (101)

39,088.12. 0 | (891)

829: 3.5 (97)

681. 6. 4 (634)

10,528. 2. 0

36,298.16. 2

830.18. 2

491.11. 2

39,116. 2. 1

34,096. 6. 6 | (883)

34,617.15. 0

Do., (1922-44) . 3 %

Union of South Africa,

(1940-60)...5 %

32,639. 2. 5

25,196.12. 2 (792XD) 25 948. 2. 0

8,092. 2. 8

8,173. 1. 1

(92)

7,444.15. 3

Victoria,

Do.

Western Australia.

(1929-49). 3%

(1932-42)...5 %

5,000. 0. 0

2,421. 3. 2

4,734. 8. 6 (621) ·

3,125, 0.0

2,396.18.11

(753)

1,827.19. 6

Do.,

(1915-35)...3 %

(1916-36).. 3 %

Cash in hand

696.19.10

2.000. 0, 0

1.17. 8

584. 7. 8 (714)

1,916.16.11

(713)

498. 7. 0

1,430. 0. 0

1.17. 8

Less:-

Birmingham Corporation.

£838,829. 1. 1 £776,472. 2. 0

£722,066. 1.10

Ceylon.

(1946-56)...5 % Stock.

(1936-51)...6 %

£3,018.19. 4 £ 3.015. 1. 0 | (981) £

Do.,

(1934)...4 %

545.8. 9

1,819.10. 0

570.13. 3 (1004)

1,787. 1.10 (943)

2.973.13. 8

548. 3. 4

1,719. 8. 7

Conversion Loan.

(1940-44)...4%

Jamaica,

Natal,

Nigeria,

(1934)...4 %

2,545. 2. 2

6,826. 1.10

(1937)...4 %

(1963)...4 %

16.15.10

502, 8. 3

2,427. 4 3 (931)

6 806.17.11 | (941)

16. 3. 3 | (89)

401. 6. 0 (781)

2.379.13. 6

6,450.13. 2

15. 0. 7

394. 7.11

£15,274. 6. 2

£15,024. 7. 6

£14.481. 0, 9

NET TOTAL

£823.554.14.11 £761,447.14. 6

£707,585. 1. 1

Designation

of Debt or Loan.

Hong Kong 6% Public Works

Loan

THE HONG KONG GOVERNMENT GAZETTE, APRIL 22, 1932.

Statement of Funded Public Debts, &c., -Continued.

Legal Authority.

Amount Outstanding.

Ordinance

No 14

of 1927.

JOINT SINKING FUND 1931.

Amount of Stock, &c.

323

Cost Price.

Market Price.

$4.927,000

Ceylon,

(1936-51)...6 % Stock.

£ 5,204. 3. 0

£5,475.11.

(100) £

5.230. 3. 5

Do.,

Conversion 5 % 1oan,

(1944-64)...

(1940-44)...43%

Natal.

(1914-39).....3%

26,085.14. 9

27,283. 3.11

8.620.14. 6

Do.,

(1937) ...4 %

6.423. 0. 1

26,085.11.0 (934)

26,085.11. 0 (944)

7,783, 0. 4

5.954. 4. 6

24,390. 3. 3

25,783. 1.10

(824)

7,112 2. 0

(89)

5,748.11. 9

New South Wales.

(1922-32)...53%

5.439. 5. 7

5,496. 4. 5 (87)

4,759, 7. 5

New Zealand.

(1940) ...34%

Do,

(1933-43)...4 %

12,000, 0.0

17,885.12. 5

10,770.12 0| (754)

9,060. 0. 0

16.701.10. 0| (78)

14,040. 4. 3

South Australia.

(1939) ...31%

5,133.17. 6

4,276.14. 8 (64})

3.311. 7. 0

Straits Settlements,

(1936-51)...6 %

Tasmania, (1920-40)...34%

•

Treasury. (1931-33)...4 % Bond.

Do., (1932-34)...41%

Trinidad, (1917-42)...4 % Stock.

2.236. 5.10

1,564. 0. 9

433.15. I

11,416. 3. 3

128. 0.9

2 413. 8.10 (1013)

1,273. 0. 1 (63})

423.19 5 (974)

11,266.16. 0 | (971)

115.19. 3 (88)

2,269,16. 9

993. 3. 3

422.18. 2

11,130.15. 2

113. 6. 3

TOTAL

£129,854. 7. 5 £124,122 3. 3

£114,365. 0. 6

Less:-

Conversion 5% Loan, (1944-64).. £ 26,085.14. 9£ 26,085.11. 0

(934)

£24,390. 3. 3

NET TOTAL...

£103,768.12 8£ 98,036.12. 3

£89.974.17. 3

TREASURY,

HONG KONG, 14th April, 1932.

EDWIN TAYLOR,

Colonial Treasurer.

324

THE HONG KONG GOVERNMENT GAZETTE, APRIL 22, 1932.

ROYAL OBSERVATORY.

　　　No. 248.-Extract of Meteorological Observations made at the Royal Observatory, Hong Kong, during the month of March, 1932.

DATE.

BAROMETER

AT M.S.L.

TEMPERATURE.

HUMIDITY.

Max.

Mean. Min. Rel

Abs.

CLOUDINESS.

SUNSHINE.

WIND.

RAIN.

Mean Mean

Dir.

Vel.

Miles

March

ins.

p. c.

ins.

p. c.

hrs.

ins.

Points.

p.h.

30.27

58.4

54.2 50.2

0.27

5.5

10.2

.20 64.5

58.0

53.6 65

.31

то

2.8

SE by E

8.0

3....

.17

67.4

61.1

57.3

·36

5.6

E by S

9.5

+..

.13

68.9

63.6

59.0 63

.37

9.6

E by S

11.4

5..

.07

70.2

65.4

61.1

.47

10.6

8.5

6.•

.05 75.5

66.4

60.5 81

.52

9.3

NW by N

3.8

.08

7..

81.5

66.0

61.3

.49

IO.!

E by N

14.0

.15

65.7

62.2

58.6

.39

8.9

E by N

19.7

.06

9..

66.4

61.0 63.6

.43

1. I

E by S

18.2

10..

29.93

72.9 67.3

62.1 85

.57

3.7

0.015

ENE

4.0

[I..

.84

74-3

69.8 65.7

.65

0.3

0.045

12.7

1 2

.79

-8.8

72.6

70.4

.72

2.3

0.160

SW by W

8.7

13,.

.94

70.5

61.3 57.0

.48

100

1.290

E by N

29.3

14..

30.22

56.8

49.9

46.8

.27

100

0.400

N by E

II. I

.28

15,-

50.8

48.8 47.6 76

.26

100

0.040

N by E

6.1

16,.

.25

56.4

52.9 47.1

.32

100

0.060

6.2

17,.

.I 2

62.9

60.0 56.1 77

.40

1.4

18..

.07

66.9

62.1 59.5 85

0.5

0.010

E by N E

21.0

9.3

.16

19..

67.1

62.8 60.4 73

0.3

ENE

8.8

20..

.26

65.9

62.2 59.9

.34

3.4

E by N

16.6

21..

.18

61.5

60.0 58.4

.37

O.I

E by N

27.4

22,

.04

64.3

61.8

59.5

.44

1.2

0.035

20.5

23.

.II

73.3

65.3 61.2

.47

10.4

0.105

9.4

24..

.19

74.9 67.1

59.3

.37

11.3

11.9

25,.

.19

69.5

64.2

59.3 60

.36

II.2

11.8

26,..

.07

70.0

63.9

58.7

.44

I 2

9.7

13.6

27,.

29.93

72.9 68.2

63.7 83

-57

6.8

10.0

28,.

.98

75.2

67.3

62.8 82

-55

0.2

0.010

E by N

7.8

29,.

30.05

67.9 64.4

61.8

.43

5.1

E by N

19.7

30,.

.04

66.3

64.0

61.3

.49

100

O. I

0.030

16.1

31,.

.15

67.3

63.7

60.7 83

.49

100

0.2

E by N

5.8

Mean,... 30.10

67.9

62.6 58.8

0.44 69

131.7

2.200

E by N

12.6

MEANS AND EXTREMES FOR MARCH :-

aximum,. Normals,

30.14

Minimum,

72.9

　68.1 64.5 91 30.06 67.4 63.1 59.8 83 29.99 61.8 58.9 55.9 73

0.60 97 186.0

0.49

94.5 2.973 E by N

0.42

25.0 0.170

11.485

19.2

15.0

9.4

The rainfall for the month of March at the Botanical Gardens was lins. 83 on 8 days, at the Matilda Hospital, Mount Kellett, it was I ins. 57 on 8 days, at Fanling, Oins. 64 on 5 days, and at the Police Station, Taipo, lins. 16 on 10 days.

The lowest reading of the barometer (M.S.L.) was 29ins. 734 at 17h. 00m. on the 12th.

　　　The maximum gust velocity of the wind, as recorded by the Dines-Baxendell anemograph, was at the rate of 50 miles per hour at 6h. 50m. on the 15th.

18th April, 1932.

C. W. JEFFRIES,

Director.

THE HONG KONG GOVERNMENT GAZETTE, APRIL 22, 1932.

SUPREME COURT.

325

No. 249. It is hereby notified that, by command of His Excellency the Governor, and pursuant to the Public Health and Buildings Ordinance, 1903, as amended by the Public Health and Buildings Ordinance, 1927, an Election of a member of the Sanitary Board will take place at the Office of the Registrar, Supreme Court, Hong Kong, on Tuesday, the 10th day of May, 1932, between 10 a.m. and I p.m.

The following two candidates have been nominated, viz.:-

Dr. LI SHU FAN, M.B., ch.B., D.T.M. and H., F.R.C.S. (Edin.).

Mr. FREDERICK CHARLES MOW FUNG, J.P.

　　　Sub-sections (2) to (8) of section 8 of the Public Health and Buildings Ordinance, 1903, which govern the right to vote at the election, read as follows:

(2) Two of the said additional members shall be elected by an electorate com- posed of the persons whose names shall appear in one or other of the two parts of the register hereinafter referred to.

(3) The first part of the register shall consist of the two jurors lists for the current jury year brought into force under the provisions of the Jury Ordinance, 1887.

solicitors in actual practice;

(d) persons registered under Section 4 of the Medical Registration Ordinance, 1884, or under the Dentistry Ordinance, 1914, or under the Pharmacy and Poisons Ordinance, 1916;

(e) editors, sub-editors and reporters of daily newspapers published

in the Colony;

(f) clergymen of the Church of England, Roman Catholic priests, and ministers of any congregation of Protestant Dissenters or Jews, acting as such in the Colony;

(g) professors and other academic officers of the University of

Hong Kong;

(h) masters of schools which are certified by the Director of Educa-

tion as not being vernacular schools;

(i) masters of steamers and local pilots; and

Provided that no person who is in the service of the Crown, and whose whole time is at the disposal of the Crown, shall be entitled to be included in the said register.

326

THE HONG KONG GOVERNMENT GAZETTE, APRIL 22, 1932.

(7) Every person who at any ballot-held under this section applies for a ballot paper in the name of some other person, whether that name be that of a person living or dead or of a fictitious person, or who having voted once at any such ballot, applies at the same ballot for a ballot paper in his own name, and every person who, for the purpose of procuring his registration in the second part of the register referred to in sub-sections (2) to (6), knowingly makes any false or misleading representation, whether verbal or in writing or by conduct, shall upon summary conviction be liable to a fine not exceeding five hundred dollars and to imprisonment for any term not exceeding three months.

　　　　The election will be conducted in accordance with the rules contained in Schedule C to the above named Ordinance contained in Government Notice No. 408 of 1927.

The second part of the register referred to in the above paragraph (4) will be closed from Tuesday, the 26th day of April, 1932, to Tuesday, the 10th day of May, 1932 (inclusive), pursuant to the above paragraph (6).

22nd April, 1932.

E. P. H. LANG, Registrar.

SUPREME COURT.

No. 250.-It is hereby notified that the name of The KwONG HING COMPANY, LIMITED, has been struck off the Register.

22nd April, 1932.

E. P. H. LANG,

Registrar of Companies.

SUPREME COURT.

　　　　No. 251.-It is hereby notified that the name of LIANG KWONG MOTOR BUS COMPANY, LIMITED, has been struck off the Register.

22nd April, 1932.

E. P. H. LANG,

Registrar of Companies.

326

THE HONG KONG GOVERNMENT GAZETTE, APRIL 22, 1932.

　　　　The election will be conducted in accordance with the rules contained in Schedule C to the above named Ordinance contained in Government Notice No. 408 of 1927.

22nd April, 1932.

E. P. H. LANG, Registrar.

SUPREME COURT.

No. 250.-It is hereby notified that the name of The KwONG HING COMPANY, LIMITED, has been struck off the Register.

22nd April, 1932.

E. P. H. LANG,

Registrar of Companies.

SUPREME COURT.

　　　　No. 251.-It is hereby notified that the name of LIANG KWONG MOTOR BUS COMPANY, LIMITED, has been struck off the Register.

22nd April, 1932.

E. P. H. LANG,

Registrar of Companies.

THE HONG KONG GOVERNMENT GAZETTE, APRIL 22, 1932.

SUPREME COURT.

327

　　No. 252. It is hereby notified that at the expiration of three months from the date hereof The HONG KONG NORTH-EAST FERRY COMPANY, LIMITED, will, unless cause is shewn to the contrary, be struck off the register and the company will be dissolved.

18th April, 1932.

E. P. H. LANG,

Registrar of Companies.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　No. 253. It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909 :--

Number of Marks.

Date of Registration.

Names and Addresses of Owners.

Period of Renewal.

Classes in which renewed.

File Nos.

No. 100 of 1918.

10th April, 1918.

The Howe Scale Company of Rutland, Vermont, U.S.A.

10th April, 1946.

4 of 1932.

No. 101 of 1918.

22nd April, 1918.

22nd April,

1946.

of 1932.

No. 13 of 1904.

13th April,

1904.

21st April, 1932.

The Bakilly Company, Limited of Nos. 153 and 155, Des Voeux Road Central, Hong Kong.

A. G. Spalding and Brothers, 15, Beckman Street, City, County and State of New York, U.S.A.

13th April, 1946.

5 of 1932,

E. L. AGASSIZ, Registrar of Trade Marks.

330

THE HONG KONG GOVERNMENT GAZETTE, APRIL 29, 1932.

NOTICES.

No. 254.

COLONIAL SECRETARY'S DEPARTMENT.

The following is published for general information :---

29th April, 1932.

W. T. SOUTHORN,

Colonial Secretary.

Hong Kong.

The Air Navigation Directions, (Hong Kong), 1932.

The following additional Direction is issued by the Governor under Article 30 of the Air Navigation (Colonies, Protectorates and Mandated Territories) Order, 1927, which Order, as amended by the Air Navigation (Colonies, Fro- tectorates and Mandated Territories) (Amendment) Orders, 1929 and 1931, is hereinafter referred to as "the Order".

Addition.

After Direction No. 95 insert :-

95A. The fee chargeable for the use of any aerodrome for the departure of any aircraft in exercise of any authorisation granted by the Governor under the provisions of paragraph (2) of Article twenty-seven of the Order shall be $40.

COLONIAL SECRETARY'S DEPARTMENT.

　　　No. 255. It is hereby notified that in Government Notification No. 245 of 22nd April, 1932, the word "Aberdeen" should in all cases read "Aplichau".

29th April, 1932.

W. T. SOUTHORN,

Colonial Secretary.

SUPREME COURT

　　　No. 256.-Notice is hereby given that the time for voting at the Sanitary Board Election to be held on Tuesday, the 10th May, 1932, is hereby extended up to 5.30 p.m. on that day and the time for voting will therefore be between the hours of 10 a.m. and 5.30 p.m. instead of 10 a.m. and I p.m., as formerly announced in the Government Gazette under Notifications Nos. 224 and 249 of the 8th and 22nd April, 1932.

E. P. H. LANG.

28th April, 1932.

Registrar.

THE HONG KONG GOVERNMENT GAZETTE, APRIL 29, 1932.

331

ROYAL OBSERVATORY.

No. 257.

Sunrise and Sunset in Hong Kong for May, 1932.

(STANDARD TIME OF THE 120TH MERIDIAN, EAST OF GREENWICH.)

DATE.

SUNRISE.

SUNSET.

DATE.

SUNRISE.

SUNSET.

May

1......

5.51 a.m.

6.50 p.m.

May

17.

5.42 a.m.

6.57 p.m.

2....

5.50

6.51

18......

5.42

6.57

5.50

6.51

19.....

5.42

6.58

4..

5.49

6.51

20....

5.41

6.58

5.49

6.52

21.

5.41

6.59

་་

6..

5.48

6.52

22.

5.41

7.00

5.48

6.53

23.

5.40

7.00

5.47

6.53

24.

5.40

7.00

9..

5.47

6.53

25.

5.40

7.01

10....

5.46

6.54

26..

5.40

7.01

11.

5.45

6.54

5.40

7.02

12.

5.45

6.55

28....

5.39

7.02

13.

5.44

6.55

29..

5.39

7.02

14.

5.43

6.55

30.

5.39

7.03

15..

5.43

16..

5.43

6.56 6.56

31..

5.39

7.03

28th April, 1932.

C. W. JEFFRIES,

Director.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　No. 258. It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909 :----

Number of Marks.

Date of Registration.

Names and Addresses of Owners.

Period of Renewal.

Classes in which renewed.

File Nos.

No. 102 of 1918.

24th April, 1918.

No. 6 of 1919.

29th April,

1918.

Stratton & Company, Proprietary Limited,

68, Lulie Street, Abbotsford, State of Victoria, Commonwealth

of Australia.

Portal, Dingwall and Norris, carrying on business as Wine and Spirit Merchants at No. 40, Eastcheap, London,

E. C. England.

29th April, 1932.

24th April, 1946.

7 of 1932.

29th April, 1946.

440 of 1931.

E. L. AGASSIZ, Registrar of Trade Marks.

332

THE HONG KONG GOVERNMENT GAZETTE, APRIL 29, 1932.

DISTRICT OFFICE, TAI Po.

No. 259. It is hereby notified for general information that Cancellation of Memo- rial of Re-entry has been approved by order of the Governor in Council as to the follow- ing lots in the Northern District of the New Territories :-

D.D. 51 Lots Nos. 83/4433 and 86/4433.

25th April, 1932.

E. H. WILLIAMS,

District Officer, North.

DISTRICT OFFICE, SOUTH

No. 260.-It is hereby notified for general information that Memorial of Re- entry by the Crown on Lot No. 553 Section A in Survey District No. IV has been registered according to law.

J. S. MACLAREN, District Officer, Southern District.

27th April, 1932.

THE CROWN LANDS RESUMPTION ORDINANCE, 1900.

　　　　No. 261.-It is hereby notified, pursuant to section 16 (2) of the Crown Lands Resumption Ordinance, 1900, that awards have been made in respect of the resumption of the undermentioned lots in Survey District IV of the New Territories as follows:

Lot No. 957

Lot No. 962

Lot No. 965 R.P.

Lot No. 999 ..

Lot No. 1000....

Lot No. 1028

Lot No. 1029

Lot No. 1030

Lot No. 1031

Lot No. 1162 (portion)

Lot No. 1164 R.P. (portion)

Lot No. 1165....

Lot No. 2900...

Lot No. 2905 R.P.

Lot No. 3030.

87.10

108.90

239.60

174.25

87.10

239.60

592.40

348.50

331.04

1,571.12

699.42

3,685.23

or any of them at the place, and within the time appointed the officer appointed as above will cause such of the said monies as may be unclaimed to be paid into the Treasury, and the provisions of section 16 (5) and (6) of the said Ordinance as to claims within five years, or transfer, thereafter, to the general revenue of the Colony, as the case may be, will apply to the said monies.

HAROLD T. CREASY,

Director of Public Works.

29th April, 1932.

No. 19.

CROWN SOLICITAR

牆

*#*

鄧華滷糕

HOO

Vol. LXXVIII.

SOT

QUI

•

ALY.

DIEU

MON

DROIT

The Hong Kong Government Gazette Extraordinary

Published by Authority

FRIDAY, MAY 6, 1932.

The following Notifications are published,

By command,

NOTICES.

E. R. HALLIFAX, Colonial Secretary.

　　No. 262.-Notice is hereby given that WILFRID THOMAS SOUTHORN, Esquire, Companion of the Most Distinguished Order of Saint Michael and Saint George, has, by virtue of the provisions of the Letters Patent passed under the Great Seal of the United Kingdom constituting the office of Governor and Commander-in-Chief of the Colony of Hong Kong and providing for the Government thereof, to-day assumed the administra- tion of the Government of the Colony on the departure of His Excellency the Governor, and has taken the prescribed oaths.

6th May, 1932.

E. R. HALLIFAX,

Colonial Secretary.

334

THE HONG KONG GOVERNMENT GAZETTE, MAY 6, 1932.

APPOINTMENTS, &c.

No. 263. His Excellency the Officer Administering the Government has been pleased to appoint Mr. EDWIN RICHARD HALLIFAX, C.M.G., C.B.E., to act as Colonial Secretary, with effect from this date.

6th May, 1932.

No. 264.-His Excellency the Officer Administering the Government has been pleased to appoint Mr. ALAN EUSTACE WOOD to act as Secretary for Chinese Affairs, with effect from this date.

6th May, 1932.

No. 265.-His Excellency the Officer Administering the Government has been pleased to appoint Mr. JOHN BARROW to act as his Private Secretary, with effect from this date.

6th May, 1932.

　　　　No. 266. His Excellency the Officer Administering the Government has been pleased to appoint Lieutenant FRANCIS WYNNE WEBB, Royal Artillery, to be his Aide-de- Camp, with effect from this date.

6th May, 1932.

No. 267.-His Excellency the Officer Administering the Government has been pleased to grant the local rank of Captain to Lieutenant FRANCIS WYNNE WEBB, R.A., A.D.C., with effect from this date.

6th May, 1932.

　　　　No. 268.-His Excellency the Officer Administering the Government has been pleased to appoint the following officers to be his Honorary Aides-de-Camp, with effect from this date :-

Lieutenant JAMES FRANCIS WRIGHT, Hong Kong Volunteer Defence Corps,

during the absence on leave of Lieutenant H. OWEN-HUGHES.

Subedar Major SHAH ZAMAAN KHAN, 9th Jhat Regiment.

Subedar ABDUL GHANI, Hong Kong and Singapore Brigade, Royal Artillery.

6th May, 1932.

Printed and Published by NORONHA & Co., Printers to the Hong Kong Government.

336 THE HONG KONG GOVERNMENT GAZETTE, MAY 6, 1932.

APPOINTMENTS, &c.

No. 269.-His Excellency the Governor has been pleased to approve of the promotion of Lieutenant CYRIL CHAMPKIN, to the rank of Captain in the Hong Kong Volunteer Defence Corps, with effect from the 18th April, 1932.

2nd May, 1932.

No. 270.-His Excellency the Governor has been pleased to make the following appointment in the Anti-Aircraft Light Automatic Company of the Hong Kong Volunteer Defence Corps, with effect from the 19th April, 1932:-

ALBERT EDWARD STONE, Esq., to be Lieutenant.

2nd May, 1932.

　　　　No. 271.-His Excellency the Governor has been pleased to appoint Mr. T'so TSUN ON to be an Assistant Superintendent of Police (Reserve), with effect from the 1st May, 1932.

5th May, 1932.

No. 272.-His Excellency the Governor has been pleased to appoint Mr. ERIC HIMSWORTH to be Assistant Head of Sanitary Department, with effect from the 6th .May, 1932.

6th May, 1932.

　　　　No. 273.-His Excellency the Officer Administering the Government has been pleased to appoint Mr. BRIAN CHARLES KEITH HAWKINS to be District Officer in the Southern District of the New Territories, with effect from 6th May, 1932.

6th May, 1932.

　　　　No. 274. His Excellency the Officer Administering the Government has been pleased to authorise Mr. BRIAN CHARLES KEITH HAWKINS, under the provisions of section 58 of the New Territories Regulation Ordinance, 1910, Ordinance No. 34 of 1910, to hold a Small Debts Court in the New Territories at the following places :

The charge rooms of the Police Stations at Tsuen Wan, Tai O (Lantao), Tung Chung (Lantao), Ch'eung Chau, Yung Shu Wan in Lamma Island, and

the office of the District Officer, South, situate in the building known "The Government Offices" situate in Pedder Street, Victoria, Hong Kong, over the General Post Office.

6th May, 1932.

　　　　No. 275.-His Excellency the Officer Administering the Government has under the powers conferred on him by Ordinance No. 1 of 1929 been pleased to appoint Mr. PHILIP JACKS to be an additional Judge of the Supreme Court of Hong Kong and its Dependencies, with effect from the 9th instant, until further notice.

6th May, 1931.

　　　　No. 276.-His Excellency the Officer Administering the Government has been pleased to appoint Lieutenant-Colonel FREDERICK EAVES, D.S.O., to act as Land Officer, with effect from the 9th May, 1932, until further notice.

6th May, 1932.

THE HONG KONG GOVERNMENT GAZETTE, MAY 6, 1932.

NOTICES.

No. 277.

COLONIAL SECRETARY'S DEPARTMENT.

JUSTICES OF THE PEACE.

1932.

337

AGASSIZ, EDWARD LEWIS

OFFICIAL.

ALABASTER, CHALONER GRENVILLE, K.C.,

O.B.E.

ANDREWES, LANCELOT RUGGles BAKER, ROBERT

BARROW, JOHN

Booth, LEONARD HORACE VERTUE BRAWN, ALAN OERTON BREEN, MICHAEL JAMES BURLINGHAM, DONALD

10 BUTTERS, HENRY ROBERT

CALTHROP, LANCELOT HENRY CALTHROP CARRIE, WILLIAM JAMES

COLLISSON, PERCIVAL LORIMER, O.B.E.,

(MIL.)

CREASY, HAROLD THOMAS, C.B.E. DALLIN, THOMAS

DAVIES, DAVID

DIXON, HENRY, I.S.O.

DOVEY, ERNEST ROADLEY EAVES, FREDERICK, D.S.O.

20 EVANS, BENJAMIN, DAVIES

FEHILY, JOSEPH PATRICK FITZ-GIBBON, WILLIAM GUERIN FORREST, ROBERT ANDREW DERMOD FRANKS, JOHN WILLIAM

FRASER, JOHN ALEXANDER, M.C. GRANTHAM, ALEXANDER WILLIAM

GEORGE HERDER

GREEN, HAROLD

HALLIFAX, EDWIN RICHARD, C.M.G., C.B.E. HAMILTON, ERIC WILLIAM

30 HAWKINS, BRIAN CHARLES KEITH

HAZLERIGG, THOMAS MAYNARD, M.C. HENDERSON, RICHARD MCNEIL HOLE, GEORGE FRANCIS

HOLMES, HAROLD KENNARD, C.B.E. HOSEGOOD, THOMAS WILLIAM HAROLD JACKS, PHILIP

JEFFRIES, CHARLES WILLIAM KAY, WILLIAM

KENNEDY-SKIPTON, GEORGE STACY

40 KING, THOMAS HENRY

LAMBERT, CHARLES DOUGLAS LANG, ERNEST PHILIP HENRY LINDSELL, ROGER EDWARD

ABRAHAM, EZRA

ARCHBUTT, GEOFFREY SAMUEL

ARCULLI, ABBAS EL

BAGRAM, JOHN THEOPHILUS

BAILEY, WILLIAM SEYBOURNE

LLOYD, JOHN DANIEL

MACFADYEN, QUENTIN ALLISON ÁSHBY MACKENZIE, WALTER JOHN EASTON, M.C. MACLAREN, JOHN SUTHERLAND MARTIN, GASTON PACROS DE, M.B.E. MEGARRY, THOMAS

50 MOORE, WILLIAM BROWNLOW ASHE

MORRIS, ALFRED

NEWHOUSE, Edward

NEWILL, JOSEPH Bernard, d.s.o. NEWTON, ISAAC

NORTH, ROLAND ARTHUR CHARLES PERDUE, CECIL GRAHAM

RALSTON, JAMES

REED, AMARO JOHN, 1.8.0. REED, EDWARD BOYS

60 ROME, FRANCIS JOHN DE, M.B.E.

RUSSELL, WILLIAM

SAYER, GEOFFREY ROBLEY SCHOFIELD, WALTER

SCOTT, WALTER RICHARDSON SMALLEY, JAMES THORNTON SMITH, NORMAN LOCKHART

SMITH, WILLIAM JAMES LOCKHART SOUTHORN, WILFRID THOMAS, C.M.G. SPARROW, WILLIAM LA BART

70 SUTHERLAND, ARTHUR ROBERT

TAYLOR, EDWIN

TAYLOR, HARRY ALAN

THOMAS, GEORGE HAROLD

TICKLE, ARTHUR GEORGE WARNHAM TODD, RONALD RUSKIN

TRATMAN, DAVID WILLIAM, C.M.G. VALENTINE, DOUGLAS JAMES, M.C. WALKER, GEORGE ALEXANDER WARE, THOMAS WALTER

80 WELLINGTON, ARTHUR ROBARTES

WHYTE-SMITH, THOMAS STODART WILLIAMS, ERNEST HILLAS WODEHOUSE, PHILIP PEVERIL JOHN,

C.I.E.

WOLFE, EDWARD DUDLEY CORScaden,

C.M.G.

WOOD, ALAN EUSTACE

WOOD, JOHN ROSKRUGE

WYNNE-JONES, EDWARD IRVINE

NON-OFFICIAL.

BEAVIS, CHARLES EDWARD HARTNELL BEITH, BENJAMIN DAVID FLEMING.

BELL, WILLIAM HENRY

BELLAMY, LEONARD CHARLES FENTON,

M.C.

10 BIRD, LENNOX GODFREY, O.B.E., D.S.O.

BLACK, GEORGE DUNCAN Ralph, V.D. BLAKE, DENIS HENRY

BLAKER, CEDRIC, M.C.

338

THE HONG KONG GOVERNMENT GAZETTE, MAY 6, 1932.

BRAGA, JOSÉ PEDRO

NON-OFFICIAL,― Continued.

BONNAR, JOHN WHYTE COOPER BROWN, CHARLES BERNARD BROWN, NEILAGE SHARP CAMERON, ALLAN

CARROLL, ANTHONY HENRY

20 CASSIDY, PHILIP STANLEY

CHAMPKIN, CYRIL

CHAN TIN-SON CHAU TSUN-NIN

CHAU YU-TING

CHOW, Sir SHOU-SON, Kt. CHURN, SAMUEL MACOMBER CLARK, DOUGLAS EDWARD COCK, EDWARD, M.B E.

COPPIN, ALAN GRIFFITHS

30 COURTNEY, FRANK MCDOUGALL

DAVIDSON, EDGAR

DAVISON, ARTHUR WELLESLEY DENNYS, HENRY LARDNER

DOUGLAS, Robert Hinde

DOWBIGGIN, HUGH BLACKWELL LAYARD

DOWLEY, WALTER ARTHUR

DYER, ROBERT MOкton, C.B.E.

FERGUSON. ARCHIBALD HILL FLEMING, JOHN

40 FOO SIK

FRANKLIN, ARthur Cawte FUNG HEUNG-TSUN

GRAYBURN, VANDELEUR MOLYNEUX GRAY, HERBERT Castell GREENHILL, LESLIE SOLBE GREIG, KENNETH EDWARD GRIMBLE, GEORGE

GUBBAY, AARON SASSOON

HALL, FREDERICK CHARLES

50 HANCOCK, HERBERT RICHARD BUDD

HARSTON, JOHN SCOTT

HASLAM, GORDON FABIAN

HICKS, ALFRED

HILLS, HERBERT STUART Ho Ju

HO KOM-TONG, O.B E.

Ho KwoNG

HO LEUNG

HO SING-CHAU

60 HO TUNG, Sir ROBERT, Kt.

HO WING

HODGSON, PAUL Mary

HORNELL, Sir WILLIAM WOODWARD,

Kt., C.I.E.

HUGHES, JOHN OWEN

HUMPHREYS, HENRY HUNG HING-KAM

IP LAN-CHUEN

JAMES, FREDERICK WILLIAM

JENKIN, FRANCIS CHARLES, C.B.E.

70 JOHNSON, CHARLES BULMER

JOHNSON, MARCUS THEODORE

JOSEPH, JOSEPH EDGAR

KEY, MAURICE FREDERICK

KONG I-SUN

KOTEWALL, ROBERT HORMUS, C.M.G., LL.D.

KWOK SIU-LAU

LAMMERT, GEORGE PHILIP LAUDER, PAUL

LAURENSON, TOM TURNBULL, D.S.C..

80 LEUNG PAT-YU

LEWIS, BRIAN Lander LEWIS, DANIEL JOHN LI HOI-TUNG

LI JOWSON

LI KWUN-CH'UN

LI PING

LI PO-KWAI

LI SING-KUI

LI TSZ-FONG

90 LI YAU-TSUN, C.B.E.

LI YIK-MUI

LITTLE, ALEXANDER COLBOURNE LITTLE, JOHN HARGRAVES

Lo CHEUNG-SHIU

Lo CHUNG-KUE

LO MAN-KAM

LO MAN-WAI

LOGAN, WILLIAM MA CHEE-LUNG

100 MA TSUI-CHIU

MACKICHAN, ALEXANDER Somerled MACKIE, CHARLES GORDON STEWART MAHTANI, THAKURDAS ASSANMAL MCLAY, ROBERT MONTGOMERY MCPHERSON, JOHN LIVINGSTONE MISKIN, GEOFFREY MOK KON-SANG

MOWFUNG, FREDERICK CHARLES MURPHY, LEWIS NEWTON

110 NGAN SHING-KWAN

PATERSON, JOHN JOHNSTONE

PEARCE, THOMAS ERNEST

PLUMMER. JOHN ARCHIBALD

POLLOCK, Sir HENRY Edward, Kt., k.c..

POTTER, FREDERICK PEEL ELDON

LEONARD, K.C.

POTTS, PATRICK CUMMING HUTTON PRIESTLEY, HORACE HUGH HEPWORTH RAYMOND, EDWARD MAURICE Ross, SYDNEY HAMPDEN

120 ROZA, CARLOS AUGUSTO DA

RUSSELL, DONALD OSCAR

RUTTONJEE, HORMUSJEE (Senior)

SANDES, CHARLES LANCELOT COMPTON

SETH, JOHN HENNESSEY

SHENTON, WILLIAM EDWARD LEONARD SHIELDS, ANDREW Lusk

SILVA-NETTO,

BATALHA

ANTONIO

FERREIRA

SMITH, CADES Alfred MIDDLETON

SOARES, ADÃO MARIA DE LOURDES.

130 STEVENSON, ALLAN

STEWART, ALLAN BROWN

STRAHAN, STUART SEGUIN

STUART, JOHN

SUM PAK-MING

TAGGART, JAMES HARPER

TALATI, MERVANJI PALLONJI

THE HONG KONG GOVERNMENT GAZETTE, MAY 6, 1932.

TAM WOON-TONG

TANG SHIU-KIN

NON-OFFICIAL,-Continued.

WONG IU-TUNG

WONG KWONG-TIN

TESTER, PERCY

WONG MAU-LAM

140 TINSON, GEORGE GWINNETT NOBLE, M.C. 150 WONG PING-SUN

TONG YAT-CHUN

Ts'o SEEN WAN, O.B.E., LL.D.

TURNER, MICHAEL HOWARD WARREN, JOHN PERCIVAL

WHITE, ATHELSTAN HOLT

WILLIAMSON, STUART TAYLOR

WONG TAK-KWONG

WONG TAPE, BENJAMIN WOO HAY-TONG

WOOD, GERALD GEORGE, V.D.

WYLIE, BENJAMIN

6th May, 1932.

YUNG TSZE-MING

E. R. HALLIFAX,

Colonial Secretary.

339

COLONIAL SECRETARY'S DEPARTMENT.

　　No. 278. It is hereby notified that the undermentioned street will in future be known by the name indicated against it:-

DESCRIPTION.

FUTURE NAME.

CHINESE VERSION.

Street commencing at Tung Chau Street, being the first street to the North West of and running parallel with Yen Chau Street. The street runs in a North Easterly direction and terminates at its junction with Castle Peak Road

6th May, 1932.

Kiu Kiang Street.

九江街

E. R. HALLIFAX,

Colonial Secretary.

LAND REGISTRY OFFICE.

No. 279.-It is hereby notified for general information that a Memorial of Re- entry by the Crown on Aberdeen Village Lot No. 20 has been registered according to law.

2nd May, 1932.

PHILIP JACKS,

Land Officer.

LAND REGISTRY OFFICE.

No. 280.-It is hereby notified for general information that a Memorial of Re-entry by the Crown on Kowloon Inland Lot No. 2632 has been registered according to law.

3rd May, 1932.

PHILIP JACKS,

Land Officer.

THE HONG KONG GOVERNMENT GAZETTE, MAY 6, 1932.

TAM WOON-TONG

TANG SHIU-KIN

NON-OFFICIAL,-Continued.

WONG IU-TUNG

WONG KWONG-TIN

TESTER, PERCY

WONG MAU-LAM

140 TINSON, GEORGE GWINNETT NOBLE, M.C. 150 WONG PING-SUN

TONG YAT-CHUN

Ts'o SEEN WAN, O.B.E., LL.D.

TURNER, MICHAEL HOWARD WARREN, JOHN PERCIVAL

WHITE, ATHELSTAN HOLT

WILLIAMSON, STUART TAYLOR

WONG TAK-KWONG

WONG TAPE, BENJAMIN WOO HAY-TONG

WOOD, GERALD GEORGE, V.D.

WYLIE, BENJAMIN

6th May, 1932.

YUNG TSZE-MING

E. R. HALLIFAX,

Colonial Secretary.

339

COLONIAL SECRETARY'S DEPARTMENT.

　　No. 278. It is hereby notified that the undermentioned street will in future be known by the name indicated against it:-

DESCRIPTION.

FUTURE NAME.

CHINESE VERSION.

6th May, 1932.

Kiu Kiang Street.

九江街

E. R. HALLIFAX,

Colonial Secretary.

LAND REGISTRY OFFICE.

No. 279.-It is hereby notified for general information that a Memorial of Re- entry by the Crown on Aberdeen Village Lot No. 20 has been registered according to law.

2nd May, 1932.

PHILIP JACKS,

Land Officer.

LAND REGISTRY OFFICE.

No. 280.-It is hereby notified for general information that a Memorial of Re-entry by the Crown on Kowloon Inland Lot No. 2632 has been registered according to law.

3rd May, 1932.

PHILIP JACKS,

Land Officer.

340

No. 281.

THE HONG KONG GOVERNMENT GAZETTE, MAY 6, 1932.

Statement of Assets and Liabilities on the 31st December,

1931.

LIABILITIES.

€

ASSETS.

TREASURY.

ਹਰੇ

Advances :-

On account of Future Loan

3,484,014.01

415,261.81

...

590,712.07

...

2,611.171.02

...

1,451.91

923,010.85

332,099.29

1,045,389.41

Purchase of three Locomotives for Chinese Section Kowloon- Canton Railway

Miscellaneous

Building Loans

•

Imprest Account ....

...

447,468.26

83,036.70

1,053,924.31

6,330.31

1,296,805.90

Deposits :-

Contractors and Officers

Deposits

Suitors Fund

...

Miscellaneous Deposits

Postal Agencies

Suspense Account

Exchange Adjustment

Trade Loan Reserve

Praya East Reclamation

Coal Account

...

Crown Agents-Overdraft...

Subsidiary Coin

Investments :-

142,642.33

Surplus Funds

1,363,434.80

2,672.68

Crown Agents Remittances

41,588.44

1,357.16

Trade Loan Outstanding

Unallocated Stores, (P.W.D.)

1,232,579.76

517,248.14

Unallocated Stores, (Railway)

163,545.31

1,743.26

...

Lorry Haulage Account

Cash Balance :----

Total Liabilities

6,065,768.53

Treasurer

...

Excess of Assets over Liabilities

11,347,629.47

* Joint Colonial Fund

Fixed Deposits

...

Total

$ 17,413,398.00

Total...

3,588,678.89

2,303,999.99

...

1,828,999.92

€

17,413,398.00

* Joint Colonial Fund £159,000 Os. Od.

　　　The above statement cancels the statement published in the Gazette of 22nd April, 1932. The difference between the two statements is due to an error of of $150 in the figures shewn under the subheads of "Advances Advances on account of Future Loan should read $3,484,014.01 instead of $3,483,564.01 and Miscellaneous should read $83,036.70 instead of $83,486.70.

6th May, 1932.

EDWIN TAYLOR,

Treasurer.

THE HONG KONG GOVERNMENT GAZETTE, MAY 6, 1932.

341

MEDICAL DEPARTMENT.

No. 282.-The following corrected copy of the Register of Medical and Surgical Practitioners qualified to practise Medicine and Surgery in this Colony is published by me in accordance with the provisions of the Medical Registration Ordinance, 1884.

PERSONS QUALIFIED TO PRACTISE MEDICINE AND SURGERY.

NAME.

ADDRESS.

NATURE OF QUALIFICATION.

DATE OF QUALIFICATION.

Anderson, James William...........

Alexandra Buildings.

Aragaki, Tsunemasa

151,

Wanchai Road.

Arculli, Hassan el

20, Des Voeux Road Central.

Ashton, Frank Richard...

Alice Memorial and Affiliated Hospitals.

Asjoe, Salomon Ho

Bachelor of Medicine and Bachelor of Surgery of the University of Edinburgh.

Igakuchi" (Bachelor of Medicine) of the Nagasaki University, Japan.

1922.

May, 1916.

Bachelor of Medicine and Bachelor of 6th July, 1912.

Surgery of the University of Liverpool, Licentiate of the Royal College of Physicians (London); Member of the Royal College of Surgeons (England); Diplomate in Public Health (Liver- pool) and a Diplomate of Tropical Medicine (Liverpool).

Bachelor of Medicine and Bachelor of Surgery of the University of Edinburgh, Diplomate in Tropical Medicine, Uni- versity of Liverpool.

China Building. Licentiate of the Royal College of Phy-

sicians and Licentiate of the Royal College of Surgeons, Edinburgh. Licentiate of the Royal Faculty of Phy-

sicians and Surgeons of Glasgow.

1924.

1922.

Atienza, Vicente Nicolas

York Buildings. Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

16th January, 1920.

Aubrey, George Ernest

c/o Alexandra Buildings.

Au King...

區警

Balean, Hermaun

Tung Wah Eastern Hospital.

Member of the Royal College of Sur- geons (England); Licentiate of the Royal College of Physicians (London); and Bachelor of Medicine and Surgery of the London University.

1903.

1904.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

May, 1929.

Union Building. Doctor of Medicine and Bachelor of 14th February,

Surgery of the University of London, Fellow of the Royal College of Sur- geous (England), Licentiate of the Royal College of Physicians (London).

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

1901.

8th January,

1931.

Barnes, Joseph William

13, Chatham Road, Kowloon.

Basto, Roberto Alexandre de

Castro......

Exchange Building.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

May, 1921.

Member of the Royal College of Surgeons October, 1922.

(England), Licentiate of the Royal College of Physicians (London).

Diplomate in Ophthalmic Medicine and

Surgery (London).

July, 1926.

342

THE HONG KONG GOVERNMENT GAZETTE, MAY 6, 1932.

PERSONS QUALIFIED TO PRACTISE MEDICINE AND SURGERY,-Continued.

NAME.

ADDRESS.

NATURE OF QUALIFICATION.

DATE OF QUALIFICATION.

Bau Tsu-zung

Government Civil Hospital.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

Black, George Duncan Ralph.... Union Building. Doctor of Medicine of the University of

Bunje, Frederick

Toronto.

Member of the Royal College of Surgeons (England), Licentiate of the Royal College of Physicians (London).

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

1926.

9th June

1905.

1926.

November, 1930.

3rd January, 1918.

Alexandra Buildings.

Chamarette, Norman Palmer

Poyntz

Chan Chung-san

The Hong Kong University.

陳宗燊

Nethersole Hospital.

陳炳賢

Chan Shing-chue

陳聖柱

4, Landale Street. Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

18th December,

1931.

Chau Sik-nin

China Building.

1923.

Chan Ping-in.......

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

2nd January, 1930.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

Diploma in Ophthalmic Medicine and Surgery (Royal College of Physicians and Surgeons of London).

Diploma in Laupyology and Otology (Royal College of Physicians and Sur- geons of London and England).

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

Chau Wai-cheung

24, Des Voeux

30th May, 1916.

Road Central.

周懐璋

Cheah Khay-chuan

21, Babington

Path, Hong Kong.

謝啟全

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

26th May,

1930.

Cheah Tiang-eam

Government Civil Bachelor of Medicine and Bachelor of

Hospital.

謝長炎

Cheah Keng-seng

Surgery of the University of Hong Kong.

Medical Department.

Bachelor of Medicine and Bachelor of

May, 1922.

Surgery of the University of Hong Kong.

30th May,

1916.

Chee Chin-hai

Government Civil Bachelor of Medicine and Bachelor of

Hospital

Surgery of the University of Hong Kong.

c/o Dr. Cheng

Sui-yne,

Chen, Bessie (Miss)

96, Caine Road.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

Cheng Hung-yue, (Miss)

鄭杏如

Cheng Kung-el en

May, 1928.

19th May,

1931.

Do.

Bachelor of Medicine and Bachelor of 21st December,

Surgery of the University of Hong Kong.

1931.

Kwong Wah Hospital.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

December,

1919.

THE HONG KONG GOVERNMENT GAZETTE, MAY 6, 1932.

343

PERSONS QUALIFIED TO PRACTISE MEDICINE AND SURGERY, Continued.

NAME.

ADDRESS.

NATURE OF QUALIFICATION.

DATE OF QUALIFICATION.

Cheng Sin-yue (Miss)

鄭兆如

96, Caine Road.

Cheung Shiu-fan

張紹勳

Government Civil Hospital.

45, Queen's Road Central,

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

Bachelor of Medicine and Bachelor of Surgery of the University of ilong Kong.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

May, 1931

December, 1929.

Cheung Wing-tai

3rd January,

1918.

張榮棣

1st floor.

Chia Shih-ching

c/o A.H. Fenwick,

Bachelor of Medicine and Bachelor of

1923.

Esq., 10, Felix

Villas, Mt. Davis Road.

Surgery of the University of Hong Kong.

Chiu Chu-san

趙柱臣

81, Queen's Road, Bachelor of Medicine and Bachelor of Central. Surgery of the University of Hong

Kong.

1922.

Chow Tin-cham.....

Tung Wah Hospital.

周天湛

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

5th January,

1928.

Clift, Harry Lechmere

Nanning.

Bachelor of Medicine and Bachelor of Surgery of the University of Edin- burgh.

1901.

Union Building. Bachelor of Medicine and Bachelor of

Cogan, John Edward Huia

Digby, Kenelm Hutchinson

University of Hong Kong.

Donaldson, Anson Scott

Surgery of the University of Glasgow.

Bachelor of Medicine and Surgery of the University of London and Fellow of the Royal College of Surgeons of England.

cfo. The Canadian | Doctor of Medicine and Master of Sur- Pacific Steamships gery of the McGill University.

20th October, 1928.

9th February, 1907.

1901.

Co., Ltd., Hong Kong.

Licentiate of the Royal College of Phy-

sicians and Surgeons, Edinburgh.

1905.

Dovey, (Mrs.) Agues Lilias

Jenkins

1, Armend Building, Kowloon.

Licentiate of the Royal Faculty of Phy-

sicians and Surgeons, Glasgow.

Bachelor of Medicine and Bachelor of Surgery of the University of Edin- burgh.

20th July.

1923.

Durran, John.....................

Alexandra Buildings.

Bachelor of Medicine and Bachelor of Surgery of the University of Edin- burgh

1924.

Dutta, Jotindranath

29, Old Bailey.

Bachelor of Medicine and Bachelor of Surgery of the University of Calcutta.

1920.

Earle, Herbert Gasteneau...

The Hong Kong University.

Bachelor of Medicine of the University 4th September,

of Cambridge.

1913.

Enok, Victor

23, Babington Path.

Fernando, Florentino Santos

2, Humphreys Avenue, Kowloon,

Bachelor of Medicine and Bachelor of 22nd December,

Surgery of the University of Hong Hong.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

23rd December,

1931.

344

THE HONG KONG GOVERNMENT GAZETTE, MAY 6, 1932.

PERSONS QUALIFIED TO PRACTISE MEDICINE AND SURGERY, -Continued.

NAME.

ADDRESS.

Fok Wing-kan

140, Queen's

Road Central.

霍永根

Fung, Arthur...............

Gibson, Robert McLean

772, Nathan Road, Kowloon.

London

Mission.

NATURE OF QUALIFICATION.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

Licentiate of the Royal College of Phy-

sicians and Surgeons, Ireland.

Master of Surgery and Bachelor of Medicine of the University of Edin- burgh.

DATE OF QUALIFICATION.

1920.

2nd April, 1927.

24th October, 1896.

Doctor of Medicine of the University of

Edinburgh.

1900.

Fellow of the Royal College of Surgeons,

Edinburgh.

1912.

Gourdin, Allston

Kayamally Building.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

14th December,

1928.

Guterres, Autonio Paulo

22, Granville Road, Kowloon,

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

25th June, 1929.

Guzdar, Jamshed Sorab

China Building.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

1926.

Hara, Suegoro

15, Arbuthnot Road.

Igakushi" (Bachelor of Medicine) of the Imperial Kyushu University, Japan.

1911.

Harston, George Montagu

Alexandra Buildings.

Member of the Royal College of Surgeons; 10th February,

Licentiate of the Royal College of Physicians, London; Doctor of Medi- cine of the University of London; and Diplomate in Ophthalmology (Oxon.).

1898.

Heanley, Charles Montagne...... Victoria Road,

near

Bachelor of Medicine and Surgery of the 9th November,

London University; Member of the

1900.

Pokfulam.

Royal College of Surgeons (London)

Licentiate of the Royal College of Physicians (London); and a Diplomate in Public Health and a Diplomate of Tro- pical Hygiene of Cambridge University.

Hoahing, (Miss) Martha Hunter

何顯

Ho Shai-chuen

何世全

Ho Tung, Eva....

China Building. Licentiate of the Royal College of Phy- sicians and Licentiate of the Royal College of Surgeons, Edinburgh.

104, Queen's Road Central,

Licentiate of the Royal

the Royal Faculty of Physicians and Surgeons of Glasgow.

Licentiate in Medicine and Surgery of

the Society of Apothecaries, London.

8, Seymour Road. Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

1916.

16th April, 1918.

1927.

sin Shih-tsc

Hong Kong University.

修世澤

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

10th January, 1928.

Hua Tse-jen

Government Civil Hospital.

華則仁

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

December, 1927.

THE HONG KONG GOVERNMENT GAZETTE, MAY 6, 1932.

345

PERSONS QUALIFIED TO PRACTISE MEDICINE AND SURGERY,-Continued.

Ip Kam-wa

NAME.

Jap Boon-koey

葉文貴

Karanjia, Navel Pestonji..

Keisho Kiyohara

Kho Khongkha-Xien

許裕昌

ADDRESS.

496, Nathan Road, Yaumati.

16, Robinson Road.

NATURE OF QUALIFICATION.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

Government Civil Bachelor of Medicine and Bachelor of Hospital. Surgery of the University of Hong

Kong.

191, Wanchai Road.

St. John's Hall, University.

"Igakushi" (Bachelor of Medicine) of

the Imperial University of Tokyo.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

DATE OF QUALIFICATION.

1920.

5th January, 1931.

31st January, 1929.

30th March, 1925.

May, 1931.

Kirk, Edward Wilfrid

China Building, (4th Floor).

Koch, Wilfred Vincent Miller... Union Building.

Doctor of Medicine, Bachelor of Surgery; Fellow of Royal College of Surgeons,

Edinburgh.

December, 1908.

Bachelor of Medicine and Master of Surgery of the University of Edin- burgh.

1884.

Doctor of Medicine of the University of

Edinburgh.

1895.

Ka King-fan

Tung Wah Hospital.

高景芬.

Krishna, Kadapa Venkata

13A, Hill Road.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

10th January,

1928.

18th May, 1931.

Kwan Pah-chien

115. Waterloo Road, Kowloon

Bachelor of Medicine and Bachelor of

May, 1928.

Surgery of the University of Houg

關伯謙

Tong, Kowloon.

Kong.

Kwan-shem, Albert

Morrison Hall,

Hatton Road.

Bachelor of Medicine and Bachelor of 29th December,

Surgery of the University of Hong Kong.

1927.

Kwok Ying-kong

242, Queen's

December, 1929.

郭應剛

Laing, Douglas

Lai Po-chuen (Miss)....

Road East, Second Floor.

11,

Staunton Street.

Tsan Yuk

Maternity Hospital.

21, Bonham

賴寶川

Lam Chi-wie

Road, 2nd floor.

林志緯

Lam Shiu-kwong

Lam Shiu-wah..

林兆華

Tsan Yuk

Maternity

Hospital.

3, Sui Wah

Terrace,

West Point.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong,

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

3rd January, 1928.

10th January, 1928.

23rd May, 1930.

1925.

8th June, 1931.

346

THE HONG KONG GOVERNMENT GAZETTE, MAY 6, 1932.

PERSONS QUALIFIED TO PRACTISE MEDICINE AND SURGERY,-Continued.

NAME.

ADDRESS.

NATURE OF QUALIFICATION.

DATE OF QUALIFICATION.

Law, Edward.....................

16, D'Aguilar Street, 1st floor.

Bachelor of Medicine and Bachelor of Surgery of the University of Edin- burgh.

1915.

Lee, George

46, Robinson Road.

Member of the Royal College of Sur-

geons (England).

1927.

Licentiate of the Royal College of Physi-

cians (London).

1927.

Li Kuang-yu...

Lim Ek-quee....

St. John's Hall,

University.

林益貴

Li Ping-sum

84, Queen's

李炳森

1st floor.

Lee Ying-chuen

李應存

508, Nathan Road, 1st floor, Yaumati.

Leung Chum-ha (Miss)

梁枕霞

11, Seymour Terrace.

Tung Wah Hospital.

Road East,

Bachelor of Medicine and Bachelor of Surgery of the University of Edin- burgh.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

1917.

20th June,

1930.

1927.

24th June, 1931.

1920.

Li Shu-pui

16, Queen's Road Central.

李樹培

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

10th January,

1928.

Li Shu-fan

16, Queen's

Bachelor of Medicine, Bachelor of Chirur-

1910.

Road Central,

李樹芬

gery, and a Diplomate in Tropical Medicine and Hygiene.

Fellow of the Royal College of Surgeons,

(Edinburgh).

1922.

Li Sung

82, Queen's Road Central.

李崧

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

1922.

506, Nathan

Road, 1st floor, Kowloon.

Li Tsoo-yiu

Ling Ke-dieh

林開第

Liu Hung-ngan

Government Civil Hospital.

Government

Civil Hospital.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

May, 1924.

14th January, 1932.

December, 1922.

Macgown, John Cecil

Alexandra Buildings.

Doctor of Medicine and Bachelor of Surgery of the University of Edin- burgh.

1922.

Ma Chiu-ki

58 & 60, Queen's

Road Central,

馬超奇

1st floor.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

26th June,

1918.

Ma Wai-man

3, Kennedy Road. ¦ Bachelor of Medicine and Bachelor of

1927.

Surgery of the University of Hong

Kong.

THE HONG KONG GOVERNMENT GAZETTE, MAY 6, 1932.

347

PERSONS QUALIFIED TO PRACTISE MEDICINE AND SURGERY,-Continued.

NAME.

ADDRESS.

NATURE OF QUALIFICATION.

DATE OF QUALIFICATION.

Mackinnon, Ivan William................

cjo. The Canadian Pacific Steamships Co., Ltd.

Licentiate of the Royal College of Physi-

cians and Surgeons (Edinburgh).

1906.

Licentiate Faculty Physicians and Sur-

geons (Glasgow).

1906.

1921.

Mah Sau-shan

Marriott, Oswald

Matthews, Henry Delahunt......

McElney. John Harold...........

Alexandra Buildings.

62, Queen's Road · Agakushi of the Aichi Medical College,

Central.

Japan.

Alexandra Buildings.

Dec., 1908.

Licentiate of the Royal College of Phy- 26th Jan., 1900.

sicians of London, Member of the Royal College of Surgeons of England; Doctor of Medicine of the University of London; Bachelor of Medicine and Bachelor of Surgery of the same; and Doctor of Medicine of the University of Brussels.

Bachelor of Medicine and Master of Surgery of the University of Sydney.

Bachelor of Medicine and Bachelor of Surgery of the University of Edin- burgh.

May, 1908.

1908.

3rd February, 1908.

July, 1928.

McGregor, Agnes Brymner

"The Retreat", Peak.

Bachelor of Medicine and Bachelor of

Surgery of Glasgow University.

1st November,

1900.

Milward, John Kenneth

Union Building.

Member of the Royal College of Sur-

geons, England.

1922.

Licentiate of the Royal College of Phy-

sicians, London.

Minett, Ethel Mary, (Mrs.)......

Medical Department.

Bachelor of Medicine and Bachelor of

Surgery of the University of London.

1910.

Doctor of Medicine, London University.

1916.

Diploma in Public Health, Royal College,

London.

1916.

Mitchell, Eleanor Whitworth

Mitchell, Isaiah Edward

London Mission, Bonham Road,

London Mission, 6, Bonham Road.

Mok Hing Fai

37, Des Vonx.

莫慶輝

Road Central, 1st floor.

Doctor of Medicine and Bachelor of 6th December,

Surgery of the London University.

Bachelor of Arts, Doctor of Medicine and Master in Surgery of the University of Montreal.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

1906.

June, 1903.

November.

1930.

Mok Tai-tin

40, Des Voeux

Road Central.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

December.. 1923.

Montgomery, John Howard

The Matilda Hospital.

Bachelor of Medicine and Bachelor of Surgery of the University of Edin- burgh.

1902..

Morrison, John

Union Building. Bachelor of Medicine and Bachelor of

Surgery, University of Edinburgh.

1907.

Munehiro, Jungo

191, Wanchai Road.

፡፡

Igakushi" (Bachelor of Medicine) of 5th December, the University of Tokio.

1916.

Ng Yeok-boon

吳鍌滿

2, Hill Road,

Homuntin, Kowloon.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

18th May,

1931.

348

THE HONG KONG GOVERNMENT GAZETTE, MAY 6, 1932.

PERSONS QUALIFIED TO PRACTISE MEDICINE AND SURGERY,-Continued.

NAME.

ADDRESS.

NATURE OF QUALIFICATION.

DATE OF QUALIFICATION.

Nicolson, Murdo

Osman, Mustapha Bin

Alexandra Buildings.

Hong Kong University.

Bachelor of Medicine and Bachelor of

Surgery, University of Glasgow.

April, 1924.

Ozorio, Filomeno Maria Graça......

St. George's

Building.

Pang Hock Koo

Tung Wah Eastern Hospital.

彭學高

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

Bachelor of Medicine and Bachelor of Surgery of the University of Houg Kong.

May, 1924.

14th December, 1914.

27th December, 1929.

Patchett, Reginald Joseph

co. The

Canadian Pacific

Licentiate of the Royal College of Physi-

cians, Edinburgh..

July, 1918.

Steamships Co., Ltd.

Licentiate of the Royal College of Sur-

geons, Edinburgh.

July, 1918.

Licentiate of the Royal Faculty of Physi-

cians and Surgeons (Glasgow).

July, 1918.

Pan Choi Chue, (Miss) Lily

15, Canal Road, West.

Pan Tak Kien, Peter

15, Canal Road, West.

Pfister, Freiderich Otto Maximilian...

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

Pedder Building. Member of the Royal College of Surgeons

(England).

23rd May, 1930.

23rd May,

1930.

1910.

Licentiate of the Royal College of

Physicians (London).

1910.

Phoon Seck-quai..........

49, Bonham Road.

Bachelor of Medicine and Bachelor of 21st December,

Surgery of the University of Hong Kong.

1931.

Phoon Seck-wah

Tung Wah

Hospital.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

1921.

Phoon Seck-weng

Tung Wah Eastern Hospital.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

1920.

Pillai, D. Kumara Samy

Hong Kong University.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

1922.

Polishvala, Kaikhosru Jamsetji

Licentiate of Medicine and Surgery of 18th February,

the University of Bombay.

1902.

Rowan, George Evan

China Building. Licentiate of the Royal College of

Physicians (London).

1927.

劉榮志

Member of the Royal College of Sur-

geons (England).

1927.

Licentiate of Medicine and Surgery of the Society of Apothecaries (London).

1926.

Roza, Carlos Eugenio da

138, Caine Road. Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

8th January,

1931.

THE HONG KONG GOVERNMENT GAZETTE, MAY 6, 1932.

349

PERSONS QUALIFIED TO PRACTISE MEDICINE AND SURGERY,-Continued.

NAME.

ADDRESS.

NATURE OF QUALIFICATION.

DATE OF QUALIFICATION.

Roza, Carlos Francisco

Xavier da

Kayamally Building.

Rush, William Thomas...

Ruttonjec, (Miss) Parrin

Sanders, James Herbert

co. The Canadian Pacific Steamships Co., Ltd.

39, Haiphong Road, Palace Hotel Building, Kowloon.

70, The Peak.

Sepher, Sheik Abdool Majid ........ China Building.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

Diploma of College of Physicians and

Surgeons of Alberta, Canada.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

Member of the Royal College of Sur- geons, England; Licentiate of the Royal College of Physicians, London; and Doctor of Medicine of the Univer- sity of Brussels.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

May, 1928.

1913.

26th May, 1930.

10th February, 1900.

May, 1924.

17th December,

1929.

Shi Man-wai

Government Civil Hospital.

施文蔚

Shin Kwai-shang

53, Queen's Road Central.

單季生

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

1923.

Shin Lok-shang...

35, Queen's Road Central.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

December,

1923.

Skinn, Alfred John

Union Building. Bachelor of Medicine and Bachelor of

Sonsa, Antonio Bernardo de

Prince's Building.

Surgery of the University of Edin- burgh.

Licentiate of Medicine and Surgery of

the University of Bombay.

Stewart, Philip Smyly

Strahan, Stuart Séguin....

Sunderaj, Chitoor

Aroohasiramony.

Sun, Edward Wickham Jueyow.

Diplomate in Public Health, Cambridge.

St. Stephen's College, Stanley.

Alexandra Buildings.

Bachelor of Medicine and Bachelor of

Surgery of the University of Dublin.

Member of the Royal College of Surgeons (England), Licentiate of the Royal College of Physicians (London) ; Bachelor of Medicine of the University of Oxford.

Government Civil Hospital.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

July, 1925.

30th July,

1919.

1911.

1903.

11th March,

1909.

1912.

December, 1928.

May, 1928.

孫潤焜

Sydenham, Annie

London Mission.

Member of the Royal College of Surgeons,

1923.

England; Licentiate of the Royal College of Physicians, London.

1923.

350

THE HONG KONG GOVERNMENT GAZETTE, MAY 6, 1932.

Sze Tsung Sing...

施正信

PERSONS QUALIFIED TO PRACTISE MEDICINE AND SURGERY,-Continued.

NAME.

ADDRESS.

Government Civil Hospital.

NATURE OF QUALIFICATION.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

DATE OF QUALIFICATION.

5th January, 1931.

Tan Tiong-lam

St. John's Hall, University.

陳忠南

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

20th December, 1930.

Tang Yee-yuen

Kwong Wah

Hospital,

Yanmati.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

1927.

Taylor, Sir Eric Stuart..

Union Building.

Doctor of Medicine and Bachelor of Sur- gery of the University of Cambridge; Member of the Royal College of Sur- geons, England, and Member of the Royal College of Physicians, London.

1919.

1913.

Teh Yok Chin

Lugard Hall, Victoria.

鄭玉清

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

May, 1929.

Thomas, George Harold

譚嘉士

Government

Bachelor of Medicine and Bachelor of

30th May,

Civil Hospital.

Surgery of the University of Hong Kong; Doctor of Medicine of same.

1914.

1920.

Thomas, William Leslie

36, Nathan Road, Kowloon.

Member of the Royal College of Surgeons January, 1920.

1915.

(England)

Licentiate of the Royal

College of Physicians (London).

To Shiu-bung

The Pharmacy.

Bachelor of Medicine and Bachelor of | 19th December,

Surgery of the University of Hong Kong.

1924.

Tsang Fuk-cho

76, Queen's

Bachelor of Medicine and Bachelor of

1926.

Road Central.

會福初

Surgery of the University of Hong Kong.

Tseung Fat-im

62, Queen's

Road Central.

蔣法賢

Bachelor of Medicine and Bachelor of Surgery of the University of Houg Kong.

1925.

Tsoi Teng-ming

27, Des Vœux

Road Central.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

1923.

Tsoi Tsz Shek

37, Des Voeux

蔡子碩

Road, Central, 1st floor.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

November, 1930.

Tu Teng-pang

Government Civil Hospital.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

1927.

Vadon, Alfred Marie.....

co. The French Consulate.

Licentiate in Medicine, Surgery and Mid-

1920.

wifery of the Apothecaries Society of London, Doctor of Medicine, Bordeaux, France.

Vephula, Chum'ong

St. John's Hall, Hong Kong University.

Bachelor of Medicine and Bachelor of | 20th December,

Surgery of the University of Hong

1928.

Kong.

Wan Chik-hing

China Building.

Bachelor of Medicine and Bachelor of

1914.

Surgery of the University of Edin-

burgh.

Fellow of the Royal College of Surgeons,

Edinburgh.

1922.

Diplomate in Public Health, University

1916.

of Cambridge.

Diplomate in Tropical Medicine and

Hygiene, Edinburgh.

1914.

THE HONG KONG GOVERNMENT GAZETTE, MAY 6, 1932.

PERSONS QUALIFIED TO PRACTISE MEDICINE AND SURGERY,-Continued.

351

NAME.

ADDRESS.

NATURE OF QUALIFICATION.

DATE OF QUALIFICATION.

Wan Yik-shing

12, D'Aguilar Street.

Member of the Royal College of Sur-

geons (England).

1918.

Licentiate of the Royal College of

1918.

Physicians (London).

Bachelor of Surgery of the University of

Cambridge.

1921.

Wan Ying-shing

28, Caine Road.

Member of the Royal College of Sur-

geons, England.

1925.

Liceutiate of the Royal College of

Physicians, Lond. n.

1925.

Wang Chung-ching

王寵慶

66, Queen's Road | Bachelor of Medicine and Bachelor of

Central.

Surgery and Doctor of Medicine of the University of Edinburgh.

1911.

1916.

Wong, Augustus Din alias

Wong Hung-tsun

Kowloon

Hospital.

黃鴻進

Bachelor of Medicine and Bachelor of | 29th December,

Surgery of the University of Hong Kong.

1927.

Wong, Benjamin Cheonglam...

黃鏘霖

39A, Queen's

Road Central.

Bachelor of Medicine and Bachelor of

Surgery of the University of Hong Kong.

7th June,

1917.

Wong Kwok-kun

337, Nathan

Road, Yaumati.

黃國權

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

7th June, 1917.

Wong Man

c/o. Dr. Wong Sik-to,

Member of the Royal College of Sur-

1919.

Pedder Building, 2nd floor.

geons, England; Licentiate of the Royal College of Physicians, Londou.

Bachelor of Chirurgery, Cambridge.

1921.

Bachelor of Medicine, Cambridge.

1924.

Wong, Reginald Jarp.

72A, Queen's

Road Central.

黃仲敏

Bachelor of Medicine and Master of Surgery of the University of Sydney, New South Wales.

1918.

Wong Sik-to.

Pedder Building, 2nd floor.

黃錫沿

Member of the Royal College of Sur- geons, England; Licentiate of the Royal College of Physicians, London.

1919.

Diploma of Ophthalogy in Medicine and Surgery of the Royal College of Sur- geons, England.

1926.

Wong Tsz-chuen

王子傳

Wong Yan-kwong. 黃恩光

Eastern Hospital.

Woo Kai-fun

胡啟勳

58 & 60, Queen's Road Central.

Tung Wal

Bachelor of Medicine and Bachelor of Surgery of the University of Houg Kong.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

Government Civil Bachelor of Medicine and Bachelor of Hospital. Surgery of the University of Hong

Kong.

7th June,

1917.

3rd January, 1929.

19th December,

1930.

Woo Loy-kung

Government

Civil Hospital.

胡來貢

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

1919.

Woo Tin-po

16, Queen's Road

Central.

吳天保

Bachelor of Medicine and Bachelor of Surgery of the University of Edin- burgh.

19th December,

1915.

352

THE HONG KONG GOVERNMENT GAZETTE, MAY 6, 1932.

PERSONS QUALIFIED TO PRACTISE MEDICINE AND SURGERY,-Continued.

NAME.

ADDRESS.

Woo Wai-tak, Arthur

Chiua Building.

胡惠德

Kowloon.

Woods, Frederick Lindsay..

Wu Ta-pino

8, Ashley Roa!, Kowloon.

Yang Lin

Eliot Hall, Hong Kong University.

NATURE OF QUALIFICATION.

Member of the Royal College of Sur- geous (England) ; Licentiate of the Royal College of Physicians (London); and Bachelor of Medicine and Bachelor of Surgery of the University of Lon- don.

Bachelor of Medicine and Bachelor of Surgery of the University of Cambridge.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

DATE OF QUALIFICATION,

Jan., 1913.

May, 1916.

1905.

14th December, 1928.

21st December, 1928.

楊琳

Yeoh Cheang-hoe

Government

Bachelor of Medicine and Bachelor of

1926.

Civil Hospital.

Surgery of the University of Hong Kong.

Yeo Kok-cheang

Sanitary

Department.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

1925.

Yip Keung-ki

2B, Pottinger Street.

葉强基

Bachelor of Medicine and Bachelor of 28th December,

Surgery of the University of Hong Kong.

1927.

Yip Tai-ching

葉大楨

China Building. Member of the Royal College of Sur-

geons, (England).

1928.

Licentiate of the Royal College of Physi-

cians (London).

1928.

Bachelor of Medicine and Bachelor of Surgery of the University of London.

1929.

Yu Chiu-kwong

46B, Bonham Road.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

December, 1929.

余朝光

Yuen Mo-yin, (Miss) Hilda..........

1, Third Street.

阮慕賢

Bachelor of Medicine and Bachelor of 21st December,

1931. Surgery of the University of Hong Kong.

All Civil Medical Officers and all Medical Officers of His Majesty's Army and Navy respectively serving in Hong Kong on full pay shall be deemed to be registered under this Ordinance (Ordinance No. 1 of 1884, Section 19).

　　NOTE :-No medical practitioner is entitled to practise in the Colony unless he is in possession of a valid certificate for the current year stamped in accordance with the provisions of the Stamp Ordinances, 1921. This does not apply to the following:

(a) any person the whole of whose time is at the disposal of the Crown;

(b) any professor of the Faculty of Medicine of the University of Hong Kong ;

(c) any person who may for the time being be exempted by the Governor in Council on the ground that the whole of the time of such person is at the disposal of some charitable institution.

(Ordinance No. 26 of 1929, Section 5).

4th May, 1932.

A. R. WELLINGTON, Director of Medical & Sanitary Services.

THE HONG KONG GOVERNMENT GAZETTE, MAY 6, 1932.

MEDICAL DEPARTMENT.

353

　　No. 283.-The following addition to the Register of Medical Practitioners entitled to practise Medicine in this Colony, published in Government Notification No. 282 of the 4th May, 1931, pursuant to the Medical Registration Ordinance, 1884, is published for general information :--

PERSON QUALIFIED TO PRACTISE MEDICINE.

NAME.

ADDRESS.

QUALIFICATION,

DATE OF QUALIFICATION

Ling Ke-dieh.

Government Civil Hospital.

林開第

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

14th January,

1932.

2nd May, 1932.

A. R. WELLINGTON,

Director of Medical & Sanitary Services.

MEDICAL DEPARTMENT.

　　No. 284.-The following list of persons authorised by the Governor, under section 9 (1) of the Medical Registration Ordinance, 1884, Ordinance No. 1 of 1884, to sign medical certificates of the cause of death for the purposes of the Births and Deaths Registration Ordinance, 1896, is published in accordance with the provisions of section 9 (2) of the Medical Registration Ordinance, 1884-

Au Sz-cham, L.M.S.H.

Chiu Hin-yeung, Diploma, Government

Medical College, Tientsin.

Chung Yik-sun, L.M.S.H.

Ho Ko-tsun, L.M.S.H.

Kwan King-leung, L.M.S.H.

Lam Shing-kup. Diploma, Government

Medical College, Tientsin.

Lam Yun-hae, L.M.S.H.

區斯湛

鍾奕順

何高俊

關景良

林閏羲

Lee Yin-sze, L.M.S.H.

Lee Ying-yau, L.M.S.H.

Luk Chuen-hsuen, Diploma, Government

Medical College, Tientsin.

Ma Luk, L.M.S.H.

Naidu, Pala Dora Raj, L.M.S.H.

Souza, E. L. de, L.M.S.H.

Wong Pak-fu, L.M.S.H.

Jemadar Naurang Singh, I.M.D.

Paritam Singh, I.M.D.

Sarmukh Singh, I.M.D.

Mehar Chand Sharma, I.M.D.

李賢士李應猷

馬祿

黄伯符

Indian Subor-

dinate Medi- cal Staff.

A. R. WELLINGTON,

Director of Medical & Sanitary Services.

4th May, 1932.

354

THE HONG KONG GOVERNMENT GAZETTE, MAY 6, 1932.

MEDICAL DEPARTMENT.

　　　　No. 285.-The following corrected copy of the Dental Register is published in accordance with the provisions of Ordinance No. 16 of 1914:-

Dental Surgeons.

ASGER, MEHDY EDWARD.

BURTON, CYRIL HERBERT.

CHAUN MOON-HUNG.

DYKES, JAMES STOBIE.

GOODMAN, ALFRED JOHN.

HUMPHREYS, EDMOND CECIL.

KEW, FREDERICK HOWARD.

KEW, IRVIN WHITELEY.

MCKEAN, GEORGE WILLIAM.

SHIMOKAWA, NORIHISA.

THOMPSON, FREDERICK.

USUI, YUJI.

周夢熊

CHAUN KWOK-WING.

FONG, HARRY,

Exempted Persons.

周國榮

鄺源敬

GILL, RALPH Ekin.

KONG TAT-YUEN.

LAU IU-TSUN.

LAU PAK-WAI.

鄺達源

劉耀泉

劉伯偉

PUN Ü-TUNG.

潘耀東

SOMMERS, HILMAR FLORENZ.

TANG YUK.

鄧煜

TO, HERBERT.

YEE KWOK-CHUE.

余國柱

YEUNG SHIU-CHUN.

楊少泉 ·

4th May, 1932.

A. R. WELLINGTON,

Director of Medical and Sanitary Services.

THE HONG KONG GOVERNMENT GAZETTE, MAY 6, 1932.

355

OFFICE OF REGISTRAR OF TRADE MARKS.

　　No. 286.-It is hereby notified that the registration of the following trade mark has expired and that it will be removed from the Register of Trade Marks on the 6th June, 1932, unless the prescribed fee for renewal of registration is paid before that date :-

Number of Trade Mark.

Name and Address of Proprietor.

Date of Expiration of Registration.

File

No.

No. 103 of 1918.

The Goodyear Tire and Rubber Company of No. 1144 East Market Street, Akron, Summit County, Ohio, United States of America.

6th May, 1932.

of 1932.

5th May, 1932.

E. L. AGASSIZ, Registrar of Trade Marks.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　No. 287.-It is hereby notified that the registration of the following trade mark has been renewed under the provisions of the Trade Marks Ordinance, 1909 :-

Number

Mark.

Date of Registration.

Name and Address of Owner.

Period of Renewal.

Class in which renewed.

File No.

No. 48 of 1919.

5th March, 1918.

5th May, 1932.

Joseph Crosfield and Sons, Limited, Bank Quay, Warrington, Lancashire, England.

5th March, 1946.

405A of 1931.

E. L. AGASSIZ, Registrar of Trade Marks.

356

THE HONG KONG GOVERNMENT GAZETTE, MAY 6, 1932.

SUPREME COURT.

The following two candidates have been nominated, viz.:-

Dr. LI SHU FAN, M.B., Ch.B., D.T.M. and H., F.R.C.S. (Edin.).

Mr. FREDERICK CHARLES MOW FUNG, J.P.

　　　　Sub-sections (2) to (8) of section 8 of the Public Health and Buildings Ordinance, 1903, which govern the right to vote at the election, read as follows:

(2) Two of the said additional members shall be elected by an electorate com- posed of the persons whose names shall appear in one or other of the two parts of the register hereinafter referred to.

(3) The first part of the register shall consist of the two jurors lists for the current jury year brought into force under the provisions of the Jury Ordinance, 1887.

(a) unofficial members of the Executive or Legislative Council; (b) persons of sound mind who have previously been included in. the jurors lists but have been omitted therefrom on account of age or infirmity;

solicitors in actual practice;

(d) persons registered under Section 4 of the Medical Registration Ordinance, 1884, or under the Dentistry Ordinance, 1914, or under the Pharmacy and Poisons Ordinance, 1916;

(e) editors, sub-editors and reporters of daily newspapers published

in the Colony;

(f) clergymen of the Church of England, Roman Catholic priests, and ministers of any congregation of Protestant Dissenters or Jews, acting as such in the Colony ;

(g) professors and other academic officers of the University of

Hong Kong;

(h) masters of schools which are certified by the Director of Educa-

tion as not being vernacular schools;

(i) masters of steamers and local pilots; and

Provided that no person who is in the service of the Crown, and whose whole time is at the disposal of the Crown, shall be entitled to be included in the said register.

THE HONG KONG GOVERNMENT GAZETTE, MAY 6, 1932.

357

　　　The election will be conducted in accordance with the rules contained in Schedule C to the above named Ordinance contained in Government Notice No. 408 of 1927.

22nd April, 1932.

E. P. H. LANG, Registrar.

360

THE HONG KONG GOVERNMENT GAZETTE, MAY 13, 1932.

EXECUTIVE COUNCIL.

No. 288.

It is hereby notified that His Excellency the Governor in Council has given directions for the rescission of the Order of the 8th January, 1932, published in the Gazette of the 8th January, 1932, as Government Notification No. 5, declaring Shanghai to be a place at which an infectious or contagious disease, namely, small-pox prevailed, and the same is hereby rescinded.

COUNCIL CHAMBER,

6th May, 1932.

D. W. TRATMAN,

Clerk of Councils.

No. 289.

It is hereby notified that His Excellency the Governor in Council has given directions for the rescission of the Order of the 22nd January, 1932, published in the Gazette of the 22nd January, 1932, as Government Notification No. 37. declaring Pakhoi to be a place at which an infectious or contagious disease, namely, small-pox prevailed, and the same is hereby rescinded.

COUNCIL CHAMBER,

11th May, 1932.

D. W. TRATMAN,

Clerk of Councils.

LEGISLATIVE COUNCIL.

　　　　No. 290.-His Majesty the KING has not been advised to exercise his power of disallowance with respect to the following Ordinance :-

Ordinance No. 36 of 1931.-An Ordinance to amend and consolidate the law

relating to intoxicating liquors.

COUNCIL CHAmber,

9th May, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, MAY 13, 1932.

APPOINTMENTS, &c.

361

　　　No. 291.-His Excellency the Officer Administering the Government has been pleased to appoint Mr. WILLIAM JAMES CARRIE to act as Head of Sanitary Department, during the absence on leave of Mr. GEOFFREY ROBLEY SAYER, with effect from 14th May, 1932.

10th May, 1932.

　　　No. 292.-His Excellency the Officer Administering the Government has, under instructions from the Secretary of State for the Colonies, been pleased to recognise Herr HEINRICH LUDWIG OCKERMÜLLER (Shanghai) as honorary Austrian Vice-Consul in Hong Kong,

13th May, 1932.

　　　No. 293.-His Excellency the Officer Administering the Government has been pleased to appoint, provisionally and subject to His Majesty's pleasure, the Honourable Mr. ROBERT HORMUS KOTEWALL, C.M.G., LL.D., to be temporarily an Unofficial Member of the Executive Council in the place of the Honourable Sir SHOUSON CHOW, Kt., who is temporarily absent from the Colony, with effect from 11th May, 1932.

13th May, 1932.

NOTICES.

SUPREME COURT.

No. 294.-With reference to Government Notifications Nos. 224 and 249 of 1932, it is hereby notified that Dr. LI SHU FAN, M.B., CH.B., D.T. M. and H., F.R.C.S. (Edin.), having obtained the highest number of votes at the election for one additional member of the Sanitary Board held on the 10th day of May, 1932, pursuant to the above notifications, has been duly elected a member of the Sanitary Board for a term of three years as from and including the 10th day of May, 1932.

RESULT OF THE BALLOT.

Candidate.

1. Dr. LI SHU FAN, M.B., CH.B., D.T.M. & H., F.R.C.S. (Edin.) 2. FREDERICK CHARLES MOW FUNG, Esq., J.P...

Number of Votes. 936

161

13th May, 1932.

E. P. H. LANG, Registrar, Supreme Court,

Presiding Officer.

SUPREME COURT.

No. 295.-It is hereby notified that the name of The Hock HAI STEAMSHIP COM- PANY, LIMITED, has been struck off the Register.

13th May, 1932.

E. P. H. LANG,

Registrar of Companies.

362

THE HONG KONG GOVERNMENT GAZETTE, MAY 13, 1932.

OFFICE OF REGISTRAR OF PATENTS.

　　　No. 296.- Notice is hereby given that the following United Kingdom Patent has been registered under the provisions of the United Kingdom Patents Ordinance, 1925:-

No. and date of grant.

Date as of which sealed.

Present owner.

Nature of invention.

Date of registration.

No. 356,271

26th November, 1931.

6th June,

1930.

11th May, 1932.

National Carbon Company, Incorporated, a Corpora- tion organised under the laws of the State of New York, United States of America, having its head office at No. 30 East 42nd Street, in the City, County and State of New York, United States of America.

Dry Cells.

11th May, 1932.

E. L. AGASSIZ,

Registrar of Patents.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　No. 297.-It is hereby notified that the registration of the following trade marks has expired and that they will be removed from the Register of Trade Marks on the 13th June, 1932, unless the prescribed fees for renewal of registration are paid before that date:-

Numbers of Trade Marks.

Names and Addresses of Proprietors.

Date of Expiration of Registration.

Files

Nos.

No. 104 of 1918.

No. 41 of 1904.

12th May, 1932.

Ipswich Mills, at Ipswich in the County of Essex in the Commonwealth of Massachusetts, in the

United States of America.

A. & F. Pears Limited,

of 71/75, New Oxford Street, London, and at Isleworth, Middlesex.

8th May, 1932.

33 of 1932.

9th May, 1932.

34 of 1932.

E. L. AGASSIZ, Registrar of Trade Marks.

364

THE HONG KONG GOVERNMENT GAZETTE, MAY 20, 1932.

EXECUTIVE COUNCIL.

No. 298.

Hong Kong.

ORDINANCE No. 32 of 1915 (IMPORTATION AND EXPORTATION).

In exercise of the powers conferred by sections 3 and 4 of the Importation and Exportation Ordinance, 1915, the Governor in Council makes the following amendment of the Order relating to the export of aircraft, ammunition, arms, explosives, saltpetre and sulphur, made by the Governor in Council and set forth on page 727 of the Regulations of Hong Kong, 1844-1925, under the heading "Prohibited exports'', as amended by the regulation made by the Governor in Council on the 21st day of March, 1930, and published as Government Notification No. 180 of 1930:-

Amendment.

In paragraph (b) of the proviso to the said Order, delete the words "without landing thereof in either case", and substitute therefor the words "with or without landing thereof in either case".

COUNCIL CHAMBER,

14th May, 1932.

No. 299.

D. W. TRATMAN,

Clerk of Councils.

Hong Kong.

THE COMPANIES ORDINANCE, 1911.

With reference to the annual list in two parts contain- ing the names of persons authorised by the Governor in Council to perform the duties required by, the above men- tioned Ordinance to be performed by an auditor, published as Government Notification No. 471 in the Gazette of the 24th July, 1931, the following addition to part I of the said list is now published,-

Name added-

ALEXANDER MCKELLAR.

COUNCIL CHAMBER,

14th May, 1932.

D. W. TRATMAN,

Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, MAY 20, 1932.

No. 300.

The Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, Table L, Quarantine Regulations.

It is hereby declared by order of His Excellency the Governor in Council that Osaka is a place at which an infectious or contagious disease, namely, small-pox, prevails.

D. W. TRATMAN,

COUNCIL CHAMBER,

17th May, 1932.

Clerk of Councils.

LEGISLATIVE COUNCIL.

No. 301.

LEGISLATIVE

COUNCIL,

No. 5.

Thursday, 7th April, 1932, at 2.30 p.m.

365

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir WILLIAM PEEL, K.C.M.G., K.B.E.).

His Excellency the General Officer Commanding the Troops, (Major-General JAMES

WALTER SANDILANDS, C.B., C.M.G., D.S.O.).

The Honourable the Colonial Secretary, (Mr. WILFRID THOMAS SOUTHORN, C.M.G.).

the Attorney General, (Mr. CHALONER GRENVILLE ALABASTER, K.C.,

O.B.E.).

the Secretary for Chinese Affairs, (Mr. EDWIN RICHARD HALLIFAX,

C.M.G., C.B.E.).

the Colonial Treasurer, (Mr. EDWIN TAYLOR).

Mr. HAROLD THOMAS CREASY, C.B.E., (Director of Public Works). Commander GEORGE FRANCIS HOLE, R.N. (Retired), (Harbour Master).

Dr. ARTHUR ROBARTES WELLINGTON, (Director of Medical and Sanitary

Services).

Mr. THOMAS HENRY KING, (Acting Inspector General of Police).

Sir HENRY EDWARD POLLOCK, Kt., K.C.

Mr. WILLIAM EDWARD LEONARD SHENTON.

Mr. ROBERT HORMUS KOTEWALL, C.M.G., LL.D.

Mr. JOSÉ PEDRO BRAGA.

Mr. Ts'o SEEN-WAN, O.B.E., LL.D.

Mr. JOHN JOHNSTONE PATERSON.

Mr. CHAU TSUN-NIN.

Mr. WILLIAM HENRY BELL.

Mr. ROLAND ARTHUR CHARLES NORTH, (Deputy Clerk of Councils).

THE HONG KONG GOVERNMENT GAZETTE, MAY 20, 1932.

No. 300.

The Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, Table L, Quarantine Regulations.

It is hereby declared by order of His Excellency the Governor in Council that Osaka is a place at which an infectious or contagious disease, namely, small-pox, prevails.

D. W. TRATMAN,

COUNCIL CHAMBER,

17th May, 1932.

Clerk of Councils.

LEGISLATIVE COUNCIL.

No. 301.

LEGISLATIVE

COUNCIL,

No. 5.

Thursday, 7th April, 1932, at 2.30 p.m.

365

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir WILLIAM PEEL, K.C.M.G., K.B.E.).

His Excellency the General Officer Commanding the Troops, (Major-General JAMES

WALTER SANDILANDS, C.B., C.M.G., D.S.O.).

The Honourable the Colonial Secretary, (Mr. WILFRID THOMAS SOUTHORN, C.M.G.).

the Attorney General, (Mr. CHALONER GRENVILLE ALABASTER, K.C.,

O.B.E.).

the Secretary for Chinese Affairs, (Mr. EDWIN RICHARD HALLIFAX,

C.M.G., C.B.E.).

the Colonial Treasurer, (Mr. EDWIN TAYLOR).

Mr. HAROLD THOMAS CREASY, C.B.E., (Director of Public Works). Commander GEORGE FRANCIS HOLE, R.N. (Retired), (Harbour Master).

Dr. ARTHUR ROBARTES WELLINGTON, (Director of Medical and Sanitary

Services).

Mr. THOMAS HENRY KING, (Acting Inspector General of Police).

Sir HENRY EDWARD POLLOCK, Kt., K.C.

Mr. WILLIAM EDWARD LEONARD SHENTON.

Mr. ROBERT HORMUS KOTEWALL, C.M.G., LL.D.

Mr. JOSÉ PEDRO BRAGA.

Mr. Ts'o SEEN-WAN, O.B.E., LL.D.

Mr. JOHN JOHNSTONE PATERSON.

Mr. CHAU TSUN-NIN.

Mr. WILLIAM HENRY BELL.

Mr. ROLAND ARTHUR CHARLES NORTH, (Deputy Clerk of Councils).

+366

THE HONG KONG GOVERNMENT GAZETTE, MAY 20, 1932.

1. The Council met pursuant to adjournment. His Excellency the Governor

occupied the Chair.

MINUTES.

2. The Minutes of the Meeting held on the 17th March, 1932, were confirmed.

OATH.

3. The Hon. Mr. WILLIAM HENRY BELL, took the Oath of Allegiance and his seat as

a Member of the Council.

PAPERS.

4. The following papers were laid on the table :-

By-laws made by the Sanitary Board under section 16 of the Public Health and

Buildings Ordinance, 1903, dated 28th January, 1932.

Order made by the Governor in Council under sections 3 and 7 of the Licensing Ordinance, 1887, Ordinance No. 8 of 1887, dated 2nd February, 1932. Declaration under the Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, Table L, Quarantine Regulations, dated 2nd February, 1932. Rescission of the Order made by the Governor in Council under the Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, dated 11th February,

1932.

Order made by the Governor in Council under section 6 of the Vaccination

Ordinance, 1923, Ordinance No. 12 of 1923, dated 12th February, 1932. Order made by the Governor in Council under sections 26 and 42 of the Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, dated 15th February, 1932.

Regulations made by the Governor in Council under section 3 of the Post Office Ordinance, 1926, Ordinance No. 7 of 1926, dated 24th February, 1932.

Order made by the Governor in Council under section 4 of the Crown Fees Ordinance, 1870, Ordinance No. 5 of 1870, dated 24th February, 1932. Notification under sub-section (1) of section 16 of the Tobacco Ordinance, 1931,

Ordinance No. 39 of 1931, dated 26th February, 1932.

Order made by the Governor in Council under section 3 of the Dogs Ordinance,

1927, Ordinance No. 21 of 1927, dated 4th March, 1932.

Order made by the Governor in Council under section 42 (1) of the Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, dated 4th March, 1932.

Rules made by the Governor in Council under section 16 of the Gunpowder and Fireworks Ordinance, 1901, Ordinance No. 14 of 1901, dated 10th March, 1932.

Order made by the Governor in Council under section 36 of the Liquors Ordin-

ance, 1931, Ordinance No. 36 of 1931, dated 14th March, 1932.

Order made by the Governor in Council under section 38 of the Liquors Ordin-

ance, 1931, Ordinance No. 36 of 1931, dated 14th March, 1932. Order made by the Governor in Council under section 4 of the Socie ties Ordin-

ance, 1920, Ordinance No. 8 of 1920, dated 17th March, 1932.

Resolution made and passed by the Legislative Council on the 17th day of March, 1932, under section 39 of the Liquors Ordinance, 1931, Ordinance No. 35 of 1931.

Sessional Papers, 1932:-

No. 2.--Report of the Retrenchment Commission and Government's Com-

mentary thereon.

REPORT OF THE FINANCE COMMITTEE.

5. The Colonial Secretary laid on the table the Report of the Finance Committee

(No. 3), dated the 17th March, 1932, and moved its adoption.

The Colonial Treasurer seconded.

Question-put and agreed to.

}

THE HONG KONG GOVERNMENT GAZETTE, MAY 20, 1932.

MOTIONS.

367

6. The Attorney General moved :-

That the By-laws and amendments made by the Sanitary Board under section 16 of the Public Health and Buildings Ordinance, 1903, on the 16th day of March, 1932, relating to Aerated Water Manufactories, Laundries, Bakehouses, Food Preserving Establishments and Dairies, be approved.

The Colonial Secretary seconded. Question-put and agreed to.

7. Medical Registration Amendment Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to amend further the Medical Registration Ordinance, 1884."

The Colonial Secretary seconded.

Question--put and agreed to.

Bill read a first time.

8. Opium Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to amend and consolidate the law relating to opium."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

In clause 3 the word "first" was deleted from the marginal note and from sub-

section (1) (d).

In clause 4 the word "first was omitted from the marginal note and from sub-

sections 2 (f) and 3.

In clause 7 the word "first" was omitted from the marginal note and sub-sections

(1) and (2).

In clause 8 the word "first" was omitted from the marginal note and fourth line. In the Schedule the word "first" was omitted before Schedule in the heading and the figures and letters "ss. 3, 4, 7, 8 and 37" were substituted for those in the square bracket.

On Council resuming, the Attorney General reported that the Bill had passed through Committee with immaterial amendments and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to. Bill read a third time and passed.

ADJOURNMENT.

9. The Council then adjourned sine die.

Confirmed this 19th day of May, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

W. T. SOUTHORN, Officer Administering the Government.

No. 302.-His Excellency the Officer Administering the Government has given his assent, in the name and on behalf of His Majesty the KING, to the following Ordi- nance passed by the Legislative ('ouncil :-

Ordinance No. 8 of 1932.-An Ordinance to amend further the Medical Regis-

tration Ordinance, 1884.

THE HONG KONG GOVERNMENT GAZETTE, MAY 20, 1932.

MOTIONS.

367

6. The Attorney General moved :-

The Colonial Secretary seconded. Question-put and agreed to.

The Colonial Secretary seconded.

Question--put and agreed to.

Bill read a first time.

8. Opium Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to amend and consolidate the law relating to opium."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

In clause 3 the word "first" was deleted from the marginal note and from sub-

section (1) (d).

In clause 4 the word "first was omitted from the marginal note and from sub-

sections 2 (f) and 3.

In clause 7 the word "first" was omitted from the marginal note and sub-sections

(1) and (2).

On Council resuming, the Attorney General reported that the Bill had passed through Committee with immaterial amendments and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to. Bill read a third time and passed.

ADJOURNMENT.

9. The Council then adjourned sine die.

Confirmed this 19th day of May, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

W. T. SOUTHORN, Officer Administering the Government.

Ordinance No. 8 of 1932.-An Ordinance to amend further the Medical Regis-

tration Ordinance, 1884.

368

THE HONG KONG GOVERNMENT GAZETTE, MAY 20, 1932.

HONG KONG.

No. 8 OF 1932.

I assent.

W. T. SOUTHorn,

L.S.

Officer Administering the Government.

20th May, 1932.

An Ordinance to amend further the Medical Registration

Ordinance, 1884.

[20th May, 1932.]

Short title.

Amendment

No. 1 of

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, follows:-

1. This Ordinance may be cited as the Medical Regis- tration Amendment. Ordinance, 1932.

2. Section 10 of the Medical Registration Ordinance, of Ordinance 1884, as amended by section 2 of the Principal Civil Medical Officer (change of name) Ordinance, 1928, is amended by the addition of the following sub-sections :-

1884, s. 10.

Ordinance No. 5 of 1928.

(4) The Director of Medical and Sanitary Services shall be ex officio the chairman of the Medical Board; but, in the case of his absence from any meeting of the Board, the members of the Board present shall appoint any other of its members as chairman. The chairman shall have a deliberative and a casting vote.

(5) The Board may make Standing Orders for regulating the procedure at, and in connection with, its meetings.

Passed the Legislative Council of Hong Kong, this 19th day of May, 1932.

R. A. C. NORTH, Deputy Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, MAY 20, 1932.

No. 303.

Hong Kong.

ORDINANCE No. 1 of 1903, (PUBLIC HEALTH AND BUILDINGS).

In exercise of the powers conferred by section 16 of the Public Health and Buildings Ordinance, 1903, the Sanitary Board makes the following addition to the By-laws under the heading "Dairies" set forth in Schedule B to the said Ordinance.

Addition.

Add to the By-laws under the heading "Dairies" in the said Schedule B, after By-law No. 11:-

12. Where any premises are a "dairy" within the mean- ing of section 6 (18) of the Public Health and Buildings Ordinance, 1903, solely by reason of the fact that milk is supplied from or kept in such premises for purposes of sale, the Board may exempt such premises from the provision of by-laws Nos. 2, 3, 4, 5, 6, 7, 9, and 11 of these by-laws, or any of them, if the Board is satisfied that such milk is sold or intended to be sold only in sealed bottles obtained direct from a registered dairy and kept intact as so received. Any exemption may be withdrawn by the Board at its discretion.

Made by the Sanitary Board this 12th day of April, 1932.

J. H. GELLING,

Secretary.

Approved by the Legislative Council this 19th day of

May, 1932.

R. C. A. NORTH, Deputy Clerk of Councils.

369

370

THE HONG KONG GOVERNMENT GAZETTE, MAY 20, 1932.

APPOINTMENTS, &c.

　　　No. 304.- His Excellency the Officer Administering the Government has been pleased to make the following appointment in the Anzac Company of the Hong Kong. Volunteer Defence Corps, with effect from 9th May, 1932 :---

No. 1804 Private CAMERON DE SAILLE-ROBERTSON to be Lieutenant.

19th May, 1932.

No. 305.--It is hereby notified that Mr. WALTER JOHN EASTON MACKENZIE resumed duty as Colonial Veterinary Surgeon on 18th May, 1932.

20th May, 1932.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. 306. - With reference to Government Notification No. 517 dated 6th September, 1927, it is hereby notified for general information that the Basel Mission Self-supporting Church (now known as the Chung Chin Self-supporting Church) has been transferred from 3, Foochow Street to 19. Wong Chuk Street, Sham Shui Po, and that the latter place is hereby licensed to be a place for the celebration of marriages in pursuance of Section 3 of the Marriage Ordinance, 1875.

20th May, 1932.

一千九百三十二年

五月二十日

E. R. HALLIFAX,

Colonial Secretary.

街街

告俾衆周知此布

節舉行結婚之地點;行佈

百七十五年婚姻則例第三

發給牌照以爲按照一千八街第十九號該堂新址現已

街第三號遷往深水埗黃竹

眞日立禮拜堂)經由福州

自立禮拜堂(現改名爲崇七號憲示內開之巴色會

七年九月六日之第五百十

布告車照得一千九百二十

婚姻註册官翟

爲

八已

نوج

THE HONG KONG GOVERNMENT GAZETTE, MAY 20, 1932.

ROYAL OBSERVATORY.

371

　　　No. 307.-Extract of Meteorological Observations made at the Royal Observatory, Hong Kong, during the month of April, 1932.

DATE.

BAROMETER

AT M.S.L.

TEMPERATURE.

HUMIDITY.

Max.

Mean. Min.

Rel.

Abs.

CLOUDINESS.

SUNSHINE.

WIND.

RAIN

Mean

Dir.

Vel.

April

ins.

p. c.

ins.

p. c.

hrs.

ins.

Points.

Miles

p.h.

30.12

72.7

65.8 62.8

0.47

2,.

.04

71.0

66.6

62.8

.44

29.96

76.3

70.1

67.2

.59

888

9.9

...

14.0

8.1

14.5

4.4

E by S

6.6

4,.

.88

78.2

71.4

66.8

.62

7.7

S by W

3.7

.88

5,.

77.0

72.7

69.9

.71

0.9

0.015

1.5

6,.

.91

80.2

71.8

65.2

.70

3.0

0.115

10.5

7,.

.90

68.0

66.5

64.9

.61

100

O.I

0.005

19.2

8,..

.90

80.6

70.6

67-3

.68

2.I

E by S

15.8

9,..

.92

70.8

68.3

67.0

.65

0.8

E by S

18.5

10,

.93 70.0 68.4

67.0

.67

100

0.1

17.2

.95

73.2 70.5

68.3

.70

100

1.1

13.9

12.....

.96

74.5

71.3

69.0

.68

100

0.1

0.035

N by W

4.9

13,.

.90

69.0

66.6

65.1

.61

100

0.840

20.1

14..

.89 73-9

68.0

65.1 85

.58

0.7

0.065

ENE

5.8

15,.

.94

71.0

68.7

63.3 69

.49

0.095

E by N

12.0

16..

.98

64.0

62.9

62.2

.50

100

0.205

E by N

27.6

17,.....

.97

69.6

66.9

63.3

.61

100

2.085

E by N

14.9

18,.

30.06

76.2

71.2

67.1 81

.62

2.6

0.005

E by N

11.4

19.

.04

70.5 68.9

67.6

.59

E by N

16.7

.ΟΙ

20,

73.7

70.8

68.4

.69

0.1

0.100

E by S

13.1

21,

.03

76.1

71.3

69.4

.72

0.8

14.6

22,.

29.97

77.7 73.4

70.1

.74

8.3

ESE

8.5

23..

.91

85.7

77-7

72.0

-78

II. I

SW by S

6.2

24..

.91

83.8

78.2

72.1

.76

10.4

...

WSW

7-7

25,.

30.02

72.0

79.5

67.8

.58

100

0.1

0.025

E by N

24.0

26...

.05

73.6

70.3

67.1

.63

1.5

E by N

18.5

27..

.02

79.4

73-5

70.4

.74

6.5

10.5

28,.

29.94

84.6

77.4 71.7 79

8.4

WNW

3.9

29,

ད་

.87 83.7 77.1 73.0 83

.76

4. I

4.8

30,

.87

80.1 76.3 73.3

.80

0.7 0.110

WSW

2.5

Mean,...

29.96

75.2 71. 67.6

0.65

93.6

3.700

12.1

MEANS AND EXTREMES FOR APRIL:--

Maximum,.

Normals, Minimum,

30.03

78.7 74.6 71.3 89 0.73 29 96

74.7 70.3 67.0 85 0.64 29.89 70.0 65.2 61.8 75 0.52

93 196.5 17.165

18.9

80 114.9 5.516 53.3 1.235

14.0

10.6

　　　The rainfall for the month of April at the Botanical Gardens was 3ins. 61 on 16 days, at the Matilda Hospital, Mount Kellett, it was 2ins. 62 on 16 days, at Fanling, 3ins. 42 on 8 days, and at the Police Station, Taipo, 5ins. 05 on 14 days.

The lowest reading of the barometer (M.S.L.) was 29ins. 806 at 16h. 45m. on the 29th.

　　　The maximum gust velocity as recorded by the Dines-Baxendell anemograph, was at the rate of 50 miles per hour at 14h. 09m. on the 25th.

18th May, 1932.

C. W. JEFFRIES,

Director.

372

THE HONG KONG GOVERNMENT GAZETTE, MAY 20, 1932.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　No. 308. It is hereby notified that the registration of the following trade mark has expired and that it will be removed from the Register of Trade Marks on the 20th June, 1932, unless the prescribed fee for renewal of registration is paid before that date :-

Number of Trade Mark.

Name and Address of Proprietor.

Date of Expiration of Registration.

File

No.

No. 13 of 1904.

V. P. Musso and Company, Hong Kong.

14th May, 1932.

of 1932.

19th May, 1952).

E. L. AGASSIZ, Registrar of Trade Marks.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 309.-It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909 :---

Number

of Marks.

Date of Registration.

Names and Addresses of Owners. I

Period of Renewal.

Classes in!

which renewed.

File Nos.

No. 105 of 1918.

14th May, 1918.

Leethems (Twilfit) Limited, No. 20, Cottage View Portsmouth, England.

14th May, 1946.

36 of 1932.

Nos. 106 to 110 of 1918.

Do.

Holland China Trading Company, 16, Des Voeux Road, Central, Hong Kong.

Do.

25, 33, 34,

35 and 42 of 1932.

respectively.

19th May, 1932.

E. L. AGASSIZ,

Registrar of Trade Marks.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 310.-It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909 :-

Number of Marks.

Date of Registration.

Names and Addresses of Owners.

Period of Renewal.

Classes in which renewed.

File Nos.

No. 46 of 1904.

19th May, 1904.

The Shanghai Boshoku Kabushiki Kwaisha (The Shang- hai Cotton Manufacturing

Company Limited),

Shanghai, China.

19th May,

1946.

39 of 1932.

Nos. 111 and 112 of 1918.

17th May, 1918.

Tootal Broadhurst Lee

Company Limited,

17th May, 1946.

of 1932.

19th May, 1932.

56, Oxford Street,

Manchester, England.

E. L. AGASSIZ,

Registrar of Trade Marks.

THE HONG KONG GOVERNMENT GAZETTE, MAY 20, 1932.

The Crown Lands Resumption Ordinances, 1900 and 1930.

373

No. 311.-It is hereby notified, under section 6 (4) of the Crown Lands Resump- tion Amendment Ordinance, 1930, that the Board of Arbitrators appointed to determine the amount of compensation to be paid in respect of the resumption of Ma Tau Wei Lots Nos. 19, 35, 40, 89, 27, 56, 90 Section A, 12, 13, 63, 54 and 55 is constituted as follows:-

Lieut.-Col. FREDERICK EAVES, D.S.O., Justice of the Peace, Chairman.

Mr. ARTHUR GEORGE WARNHAM TICKLE, J.P., nominated by His Excellency the

Officer Administering the Government.

Mr. ERNEST MANNING HAZELAND, Architect and Civil Engineer, nominated by the

Chairman on behalf of the owners.

It is hereby further notified that the Chairman hereby appoints Tuesday, the 31st day of May, 1932, at 2.30 o'clock in the afternoon, at the Sanitary Board Room, Post Office Buildings, Hong Kong, as the time and place for the Board to commence its sittings.

20th May, 1932.

F. EAVES,

Chairman of the Board of Arbitrators.

憲

及十節

示第三百

秉段號所任

公佈

仟第

及百

第例

號

九收

號囘

織公斷局俾得秉公决斷茲將所委公斷人開列於左及五十五號地段佈告於衆至應補回補償費若干則現經委定公斷人組十七號五十六號九十號之A字分段十二號十三號六十三號五十四號節規定將政府所擬收回馬頭圍第十九號三十五號四十號八十九號二啟治茲按照一仟九百三十年則例卽收回政府公地則例第六條之第四一仟九百年及一千九百卅年收囘政府公地則例

號定

太平紳士

伊芙史先生

主席

太平紳士

狄路先生

由護督指派

希仕倫先生

工畫

師及

由主席代業主指派

有即

乙該期

遞前地

呈將收日

布其囘下

政對欲午

司於求

轉交公斷人審查此佈收回之地所有權利之詳情及欲取回補置費若干繕列清楚遞呈布政司補置者無論其爲業主或別項人等須於公斷人開始叙會之前將其對於點三十分鐘在清淨總局内堂開始叙會審查該事如有因該地收回欲求本主席現定於一仟九百卅二年陽曆五月三十一號即星期二日下午兩

一仟九百卅二年五月二十日

公斷局主席伊芙史啟

發於香港臬署

374

THE HONG KONG GOVERNMENT GAZETTE, MAY 20, 1932.

The Crown Lands Resumption Amendment Ordinance, 1930.

No. 312.-It is hereby notified, under section 6 (4) of the Crown Lands Resumption Amendment Ordinance, 1930, that the Board of Arbitrators appointed to determine the amount of compensation to be paid in respect of the resumption of Lots Nos. 7207 and 7210 in Survey District I is constituted as follows: --

Lieut-Col. FREDERICK EAVES, D.S.O., Justice of the Peace, Chairman.

Mr. ARTHUR GEORGE WARNHAM TICKLE, J. P., nominated by His Excellency

the Governor.

Mr. ERNEST MANNING HAZELAND, Architect and Surveyor, nominated by the

Chairman on behalf of the owners.

　　It is hereby further notified that the Chairman hereby appoints Tuesday, the 31st day of May, 1932, at 2.30 o'clock in the afternoon, at the Sanitary Board Room, Post Office Building, Hong Kong, as the time and place for the Board to commence its sittings.

20th. May, 1932.

一仟九百卅二年五月二十日

F. EAVES,

Chairman of the Board of Arbitrators.

於左

經委定公斷人組織公斷局俾得秉公決斷娀將所委公斷人開列號及七千二百一十號地段佈告於衆至應補囘補償費若干則現第四節規定將政府所擬收回第一號丈量約份第七千二百零七啓者茲按照一仟九百卅年則例卽收回政府公地則例第六條之

一仟九百卅年收回政府公地則例憲示第三百一十二號

太平紳士

工畫太

師及士士

希狄

狄路先生

伊芙史先生

主席

由護督指派

希仕倫先生

倫路

由主席代業主指派

呈布政司轉交公斷人審查此佈於收回之地所有權利之詳情及欲取回補置費若干繕列淸楚遞者無論其爲業主或別項人等須於公斷人開始叙會之前將其對在清淨總局内堂開始叙會審查該事如有因該地收回欲求補置本主席現定於陽曆五月一號卽星期二日下午两點三十分鐘

公斷局主席伊芙史啓

發於香港臬署

No. 23.

OIT

•QU

MAL

Y-PE

Vol. LXXVIII.

DIEU

MON

ROIT

The Hong Kong Government Gazette Extraordinary

Published by Authority

MONDAY, MAY 23, 1932.

The following Notification is published,

No. 313.

By command,

E. R. HALLIFAX, Colonial Secretary.

Hong Kong.

ORDINANCE No. 9 OF 1927, AS AMENDED BY ORDINANCE No. 37 OF 1931.

PUBLIC REVENUE PROTECTION.

　　　　I, WILFRID THOMAS SOUTHORN, Companion of the Most Distinguished Order of Saint Michael and Saint George, Officer Administering the Government of the Colony of Hongkong and its Dependencies and Vice-Admiral of the same, under the powers conferred upon me by Section 3A of the Public Revenue Protection Ordinance, 1927, as amended by the Public Revenue Protection Amendment Ordinance, 1931, DO BY THIS ORDER AUTHORISE the Superintendent of Imports and Exports during the period from the 21st May, 1932, to the 2nd July, 1932, both dates inclusive, to refuse to allow the delivery of dutiable liquors and dutiable tobacco for local use from ship side or warehouse on payment of duty in any cases where deliveries are demanded of amounts exceeding the deliveries which appear to the Superintendent to be reasonable deliveries in the circumstances.

Given under my hand this 20th day of May, 1932.

W. T. SOUTHorn, Officer Administering the Government.

GOVERNMENT HOUSE,

HONG KONG.

Printed and Published by NORONHA & Co., Printers to the Hong Kong Government.

378

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

EXECUTIVE COUNCIL.

No. 314.

It is hereby notified that His Excellency the Governor in Council has given directions for the rescission of the Order of the 2nd February, 1932, as Government Notification No. 73 declaring Saigon to be a place at which an infectious or contagious disease, namely, small-pox, prevailed, and the same is hereby rescinded.

COUNCIL CHAMBER,

20th May, 1932.

D. W. TRATMAN,

Clerk of Councils.

LEGISLATIVE COUNCIL.

No. 315.

LEGISLATIVE COUNCIL, No. 6.

Thursday, 19th May, 1932, at 2.30 p.m.

PRESENT:

HIS EXCELLENCY THE OFFICER ADMINISTERING THE GOVERNMENT (Hon. Mr. WILFRID THOMAS SOUTHORN, C.M.G.).

His Excellency the General Officer Commanding the Troops, (Major-General JAMES

WALTER SANDILANDS, C.B., C.M.G., D.S.O.).

The Honourable the Colonial Secretary, (Mr. EDWIN RICHARD HALLIFAX, C.M.G., C.B.E.). the Attorney General, (Mr. CHALONER GRENVILLE ALABASTER, K.C.,

O.B.E.).

the Secretary for Chinese Affairs, (Mr. ALAN EUSTACE Wood).

the Colonial Treasurer, (Mr. EDWIN TAYLOR).

Mr. HAROLD THOMAS CREASY, C.B.E., (Director of Public Works). Commander GEORGE FRANCIS HOLE, R.N. (Retired), (Harbour Master).

Dr. ARTHUR ROBARTES WELLINGTON, (Director of Medical and Sanitary

Services).

Mr. THOMAS HENRY KING, (Acting Inspector General of Police).

Sir HENRY EDWARD POLLOCK, Kt., K.C.

Mr. WILLIAM EDWARD LEONARD SHEnton.

な

378

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

EXECUTIVE COUNCIL.

No. 314.

COUNCIL CHAMBER,

20th May, 1932.

D. W. TRATMAN,

Clerk of Councils.

LEGISLATIVE COUNCIL.

No. 315.

LEGISLATIVE COUNCIL, No. 6.

Thursday, 19th May, 1932, at 2.30 p.m.

PRESENT:

HIS EXCELLENCY THE OFFICER ADMINISTERING THE GOVERNMENT (Hon. Mr. WILFRID THOMAS SOUTHORN, C.M.G.).

His Excellency the General Officer Commanding the Troops, (Major-General JAMES

WALTER SANDILANDS, C.B., C.M.G., D.S.O.).

The Honourable the Colonial Secretary, (Mr. EDWIN RICHARD HALLIFAX, C.M.G., C.B.E.). the Attorney General, (Mr. CHALONER GRENVILLE ALABASTER, K.C.,

O.B.E.).

the Secretary for Chinese Affairs, (Mr. ALAN EUSTACE Wood).

the Colonial Treasurer, (Mr. EDWIN TAYLOR).

Mr. HAROLD THOMAS CREASY, C.B.E., (Director of Public Works). Commander GEORGE FRANCIS HOLE, R.N. (Retired), (Harbour Master).

Dr. ARTHUR ROBARTES WELLINGTON, (Director of Medical and Sanitary

Services).

Mr. THOMAS HENRY KING, (Acting Inspector General of Police).

Sir HENRY EDWARD POLLOCK, Kt., K.C.

Mr. WILLIAM EDWARD LEONARD SHEnton.

な

{

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

379

The Honourable Mr. ROBERT HORMUS KOTEWALL, C.M.G., LL.D.

Mr. JosÉ PEDRO BRAGA.

Mr. Ts'o SEEN-WAN, O.B.E., LL.D.

Mr. JOHN JOHNSTONE PATERSON.

Mr. CHAU TSUN-NIN.

Mr. WILLIAM HENRY BELL.

Mr. ROLAND ARTHUR CHARLES NORTHI, (Deputy Clerk of Councils).

1. The Council met pursuant to adjournment. His Excellency the Officer Adminis-

tering the Government occupied the Chair.

MINUTES.

2. The Minutes of the Meeting held on the 7th April, 1932, were confirmed.

OATH.

3. The Hon. the Secretary for Chinese Affairs, (Mr. ALAN EUSTACE WOOD), took the

Oath of Allegiance and his seat as a Member of the Council.

PAPERS.

4. The following papers were laid on the table :-

Additional conditions in respect of Licences for the sale of articles of food under section 78 of the Public Health and Buildings Ordinance, 1903.

Rescission of the Order made by the Governor in Council under the Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, dated 5th April, 1932.

Order made by the Governor in Council under section 5 of the Cremation

Ordinance, 1914, Ordinance No. 5 of 1914, dated 5th April, 1932.

Additional by-laws under section 16 of the Public Health and Buildings Ordin-

ance, 1903, for the regulation of Aerated Water Manufactories.

Additional by-laws under section 16 of the Public Health and Buildings Ordin-

ance, 1903, for the regulation of Laundries.

Additional by-laws under section 16 of the Public Health and Buildings Ordin-

ance, 1903, for the regulation of Bakehouses.

Additional by-laws under section 16 of the Public Health and Buildings Ordin-

ance, 1903, for the regulation of Food Preserving Establishments.

Additional by-laws under section 16 of the Public Health and Buildings Ordin-

ance, 1903, for the regulation of Dairies.

Addition to the List of Authorized Architects.

Additions to Part I of the List of Authorised Auditors published under the Companies Ordinance, 1911, Ordinance No. 58 of 1911, dated 12th April, 1932.

Notification under section 2 of the Prisons Ordinance, 1899, Ordinance No. 4

of 1899, dated 18th April, 1932.

Additional Direction to the Air Navigation Directions (Hong Kong), 1932.

Sessional Papers, 1932:-

No. 3.-Report of the Committee appointed to inquire into the whole

question of Government Launches.

380

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

Administrative Reports, 1931 :-

Part I.-General Administration :-

Report of the Director of the Royal Observatory, Hong Kong.

Part VII.-Undertakings of Government :-

Report on the Kowloon-Canton Railway (British Section).

REPORTS OF THE FINANCE COMMITTEE.

5. The Colonial Secretary laid on the table the Reports of the Finance Committee (Nos. 4 and 5), dated 7th April and 28th April, 1932, respectively, and moved their adoption.

The Colonial Treasurer seconded.

Question-put and agreed to.

QUESTIONS.

6. The Hon. Mr. R. H. KOTEWALL, C.M.G., LL.D., pursuant to notice, asked the

following questions:-

1. In view of the great hardship which residents of the rider-main districts are suffering in having to obtain their water supply from the street foun-- tains in this hot weather, will the Government, as an experiment, restore the supply to the houses in these districts on the same restriction in re- spect of hours of supply, so as to give the people an opportunity to prove that, in the present acute state of the water situation, they are able to keep down consumption of water obtained through such direct supply, to the same level as that through the street supply; on the understand- ing that every effort is made by the three Chinese members of the Legislative Council to impress upon the people the imperative necessity for conserving every drop of water, and that the street supply will be reverted to, should it be found that the consumption of a direct house supply appreciably exceeds that of a street supply.

2. Will the Government state whether any houses in the rider-main districts have been disconnected from the rider-mains and, if so, will it give the reasons for its action, in view of the statement made by His Excellency the Governor, Sir Cecil Clementi, in this Council on the 23rd Septem- ber, 1929, (Hansard 1929, p. 232), namely:

"It will, of course, be impossible to discard the rider-main system until there is an assured supply of water available both on the island and on the mainland throughout the year; and the Government will certainly give this Council an opportunity to debate the matter before the rider-mains are abolished."

The Colonial Secretary replied as follows:-

1. The Government does not feel justified in reopening the rider-mains. The Director of Public Works has a scheme under consideration by which a longer period of supply can be given from street fountains, while a shorter supply will be made available for those on metered supplies. It is hoped that this scheme will be ready for operation in the course of the next few days. It is not cousidered safe to allow unmetered supplies in houses until the position improves.

2. In February last it was decided in Executive Council that universal meterage should be introduced as soon as possible, and that in the rider-main districts the cost of transferring existing house-services from the rider-mains to principal mains should be borne by public funds. Considerable progress has been made with this scheme, and a large number of meters have been fixed within the rider-main areas. Government will give this Council an opportunity to discuss the pro- posal for the abolition of the rider-main system generally before the filling of the reservoirs makes the reintroduction of the rider-main system a practical possibility.

The

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

MOTIONS.

381

7. The Attorney General moved :-

That the By-laws made by the Sanitary Board under section 16 of the Public Health and Buildings Ordinance, 1903, on the 12th day of April, 1932, relating to Dairies, be approved.

The Colonial Treasurer seconded.

Question-put and agreed to.

8. The Hon. Sir HENRY E. POLLOCK, Kt., K.C., moved the following:-

That the Unofficial Members of this Council, in view of the present serious recurrent water shortage, respectfully urge the Hong Kong Government. to press the Home Authorities immediately to sanction the commence- ment of the second section of the Shing Mun Water Scheme.

The Hon. Mr. R. H. KOTEWALL, C.M.G., LL.D. seconded.

The Colonial Secretary, the Director of Public Works and His Excellency the

Officer Administering the Government addressed the Council.

Question-put and agreed to.

9. Vaccination Amendment Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to amend the Vaccination Ordinance, 1923."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

10. Employers and Servants Amendment Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to amend the Employers and Servants Ordinance, 1902."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

11. Military Stores (Exportation) Amendment Bill. The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance. to amend the Military Stores (Exportation) Ordinance, 1862."

The Colonial Secretary seconded.

Question put and agreed to.

Bill read a first time.

12. Births and Deaths Registration Amendment Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to amend the law relating to the Registration of Births and Deaths."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

13. Employment of Young Persons and Children at Sea Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to regulate the employment of Young Persons and Children at Sea."

382

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

14. Importation and Exportation Amendment Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to amend the Importation and Exportation Ordinance, 1915."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

15. United Kingdom Designs (Protection) Amendment Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to amend the United Kingdom Designs (Protection) Ordinance, 1928."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

16. Chinese Young Men's Christian Association Bill.-The Hon. Mr. S. W. Ts'o addressed the Council and moved the First reading of a Bill intituled "An Ordinance to provide for the incorporation of the Directors of the Chinese Young Men's Christian Association of Hong Kong."

The Hon. Mr. R. H. KOTEWALL, C.M.G., LL.D. seconded. Question-put and agreed to.

Bill read a first time.

17. St. Stephen's College Incorporation Bill.-The Hon. Mr. S. W. Ts'o addressed the Council and moved the First reading of a Bill intituled "An Ordinance to provide for the incorporation of St. Stephen's College."

The Hon. Mr. W. E. L. SHENTON Seconded.

Question-put and agreed to.

Bill read a first time.

18. Medical Registration Amendment Bill.--The Attorney General moved the Second reading of the Bill intituled "An Ordinance to amend further the Medical Registration Ordinance, 1884."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

ADJOURNMENT.

383

19. The Council then adjourned until Thursday, the 26th day of May, 1932, at

2.30

p.m.

Confirmed this 26th day of May, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

W. T. SOUTHORN, Officer Administering the Government.

　　No. 316. His Excellency the Officer Administering the Government has given his assent, in the name and on behalf of His Majesty the KING, to the following Ordi- nances passed by the Legislative Council :----

Ordinance No. 9 of 1932.-An Ordinance to amend the Vaccination Ordinance,

1923.

Ordinance No. 10 of 1932.-An Ordinance to amend the Employers and Ser-

vants Ordinance, 1902.

Ordinance No. 11 of 1932.-An Ordinance to amend the Military Stores (Ex-

portation) Ordinance, 1862.

Ordinance No. 12 of 1932.-An Ordinance to amend the law relating to the

Registration of Births and Deaths.

Ordinance No. 13 of 1932.-An Ordinance to regulate the employment of Young

Persons and Children at sea.

Ordinance No. 14 of 1932.-An Ordinance to amend the Importation and

Exportation Ordinance, 1915.

Ordinance No. 15 of 1932.-An Ordinance to amend the United Kingdom

Designs (Protection) Ordinance, 1928.

Ordinance No. 16 of 1932.--An Ordinance to provide for the incorporation of the Directors of the Chinese Young Men's Christian Association of Hong Kong.

Ordinance No. 17 of 1932.--An Ordinance to provide for the incorporation of

St. Stephen's College.

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

ADJOURNMENT.

383

19. The Council then adjourned until Thursday, the 26th day of May, 1932, at

2.30

p.m.

Confirmed this 26th day of May, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

W. T. SOUTHORN, Officer Administering the Government.

Ordinance No. 9 of 1932.-An Ordinance to amend the Vaccination Ordinance,

1923.

Ordinance No. 10 of 1932.-An Ordinance to amend the Employers and Ser-

vants Ordinance, 1902.

Ordinance No. 11 of 1932.-An Ordinance to amend the Military Stores (Ex-

portation) Ordinance, 1862.

Ordinance No. 12 of 1932.-An Ordinance to amend the law relating to the

Registration of Births and Deaths.

Ordinance No. 13 of 1932.-An Ordinance to regulate the employment of Young

Persons and Children at sea.

Ordinance No. 14 of 1932.-An Ordinance to amend the Importation and

Exportation Ordinance, 1915.

Ordinance No. 15 of 1932.-An Ordinance to amend the United Kingdom

Designs (Protection) Ordinance, 1928.

Ordinance No. 16 of 1932.--An Ordinance to provide for the incorporation of the Directors of the Chinese Young Men's Christian Association of Hong Kong.

Ordinance No. 17 of 1932.--An Ordinance to provide for the incorporation of

St. Stephen's College.

384

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

L.S.

HONG KONG.

No. 9 OF 1932.

I assent.

W. T. SOUTHORN,

Officer Administering the Government.

Short title.

Amend- ment of

Ordinance No. 12 of

1923, ss. 22,

23 and 24.

27th May, 1932.

An Ordinance to amend the Vaccination Ordinance, 1923

[27th May, 1932.]

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Vaccination Amendment Ordinance, 1932.

2. The words "Registrar of Births and Deaths" substituted for the words "Head of the Sanitary Department" wherever they occur in sections 22, 23 and 24 of the Vaccination Ordinance, 1923.

Passed the Legislative Council of Hong Kong, this 26th day of May, 1932.

R. A. C. NORTH, Deputy Clerk of Councils,

}

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

385

HONG KONG.

No. 10 or 1932.

I assent.

W. T. SOUTHORN,

L.S.

Officer Administering the Government.

27th May, 1932.

An Ordinance to amend the Employers and Servants Ordinance,

1902.

[27th May, 1932.]

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Employers and short title. Servants Amendment Ordinance, 1932.

2. Section 12 of the Employers and Servants Ordinance, Substitu- 1902, is repealed and the following section is substituted therefor:

tion for

Ordinance No. 45 of 1902, s. 12.

wages and

(12) Every question between the parties to any contract Questions of service respecting wages, and every question respecting respecting any alleged wrongful determination of any contract of service, wrongful shall be heard and determined by a magistrate in a summary determina- manner in accordance with the law regulating procedure contract before magistrates.

3. Sections 13, 16, 17, 18 and 21 and the last five lines of section 25 of the Employers and Servants Ordinance, 1902, are repealed.

Passed the Legislative Council of Hong Kong, this

26th day of May, 1932.

tion of

to be determined by magis- trate.

c.f. Ord. No. 3 of 1890.

Repeal of s. 13, 16.

17. 18 and 21 and part of s. 25 of Ordinance No. 45 of 1902.

R. A. C. NORTH, Deputy Clerk of Councils.

386

THE HONG KONG GOVERNMENT GAZETTE, MAY 27,

1932.

HONG KONG.

No. 11 OF 1932.

I assent.

W. T. SOUTHORN,

L. S.

Officer Administering the Government.

27th May, 1932.

An Ordinance to amend the Military Stores (Exportation)

Ordinance, 1862.

[27th May, 1932.]

Short title.

Substitution for Ordin- ance No. 1 of 1862, s. 6.

Penalty

for act prohibited

by pro- clamation.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:--

1. This Ordinance may be cited as the Military Stores (Exportation) Amendment Ordinance, 1932.

2. Section 6 of the Military Stores (Exportation) Ordin- ance, 1862, is repealed and the following section is substituted therefor :-

6. Every person who shall export or attempt to export any thing or article in contravention of any proclamation made in whole or in part under this Ordinance, or made in whole or in part under the powers conferred by the Order of Her late Majesty Queen Victoria in Council of the 26th day of October, 1896, or any Order of His Majesty in Council amending or substituted for the same, shall be deemed to be guilty of a misdemeanor and shall be liable upon conviction, either summarily or on indictment, to imprisonment for any term not exceeding twelve months and to a fine not exceeding five thousand dollars.

Passed the Legislative Council of Hong Kong, this 26th day of May, 1932.

R. A. C. NORTH, Deputy Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

387

HONG KONG.

No. 12 of 1932.

I assent.

W. T. SOUTHORN,

L.S.

Officer Administering the Government.

27th May, 1932.

An Ordinance to amend the law relating to the Registration

of Births and Deaths.

[27th May, 1932.]

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Births and Short title. Deaths Registration Amendment Ordinance, 1932.

ance No. 7

2. Sub-sections (2) and (3) of section 11 of the Births Amendment and Deaths Registration Ordinance, 1896, as amended by of Ordin- section 5 of the Births and Deaths Registration Amendment of 1896, Ordinance, 1931, are repealed and the following sub-sections s. 11. are substituted therefor :-

(2) The Registrar shall thereupon, without erasure of the previous entry, forthwith enter in the register the name or names proposed to be substituted or added, and shall, if required, on payment of a fee of one dollar within forty-two days of the birth of the child or of two dollars and fifty cents after such forty-two days, issue. a certificate according to Form No. 5 or Form No. 6 in the Schedule.

For

(3) For every such entry made within a period of forty- two days from the date of the birth no fee shall be paid. every such entry made after such forty-two days but within a period of twelve months from the date of the birth a fee of two dollars and fifty cents shall be paid, and for every such entry made after the expiry of twelve months from the date of the birth a fee of five dollars shall be paid.

Ordinance No. 26 of 1931.

Schedule, Forms Nos. 5, 6.

of Ordinance

3. In Forms Nos. 5 and 6 in the Schedule to the Births Amendment and Deaths Registration Ordinance, 1896, as amended by No. 7 of section 10 of the Births and Deaths Amendment Ordinance, 1896. 1931, the words "Fee $2.50" are deleted and the words Forms "Fee $2.50 (or $1 if issued within 42 days of the birth of 5 & 6. the child)" are substituted therefor in each Form.

Passed the Legislative Council of Hong Kong, this 26th day of May, 1932.

Schedule,

R. A. C. NORTH, Deputy Clerk of Councils.

388

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

HONG KONG.

No. 13 OF 1932.

I assent.

W. T. SOUTHORN,

L. S.

Officer Administering the Government.

27th May, 1932.

Short title.

Restriction on employ-

ment on vessels of children under 14.

Registers

of members

or crewS

who are under 16.

Application.

Penalty.

Suspending clause

An Ordinance to regulate the employment of Young Persons

and Children at Sea.

[27th May, 1932.]

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:--

1. This Ordinance may be cited as the Employment of Young Persons and Children at Sea Ordinance, 1932.

2. Children under fourteen years of age shall not be employed or work on vessels, other than vessels upon which only members of the same family are employed: Provided that nothing in this section shall affect the employment or work of such a child on any junk or sampan if the child is in the charge of a relative who is also a member of the crew of such junk or sampan and if such relative is in the opinion of the Harbour Master a fit and proper person to have charge of such child. Provided also that

Provided also that nothing in this section shail affect the employment or work of such a child on any school ship or training ship if such employment and work is approved and supervised by public authority.

3. The master of every vessel registered or licensed in the Colony shall keep a register, in a form supplied or approved by the Harbour Master, of all persons under the age of sixteen years employed by him on board his vessel, or a list of them in the articles of agreement, and the dates of their births.

4. For the purposes of this Ordinance the term "vessel" includes all ships and boats of any nature whatsoever, engaged in maritime navigation whether publicly or privately owned, except ships of war.

5. Any person who contravenes any provision of this Ordinance shall be liable, on summary conviction, to a fine not exceeding two hundred and fifty dollars.

6. This Ordinance shall not come into operation unless and until the Governor notifies by Proclamation that it is His Majesty's pleasure not to disallow the same and thereafter it shall come into operation upon such day as the Governor shall notify by the same or any other Proclamation.

Passed the Legislative Council of Hong Kong, this 26th day of May, 1932.

R. A. C. NORth, Deputy Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

389

HONG KONG.

No. 14 or 1932.

I assent.

W. T. SOUTHORN,

L.S.

Officer Administering the Government.

27th May, 1932.

An Ordinance to amend the Importation and Exportation

Ordinance, 1915.

[27th May, 1932.]

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Importation and Short title. Exportation Amendment Ordinance, 1932.

section

2. The Importation and Exportation Ordinance, 1915 is New amended by the addition of the following section after section 4A to 4 thereof:

Ordinance No. 32 of 1915.

4A.- (1) It shall be lawful for the Governor in Council Powers of to exercise all or any of the following powers:-

cargo,

(a) to prohibit the importation of unmanifested either generally or from any particular country or place;

(b) to prohibit the exportation of unmanifested cargo, either generally or to any particular country or place;

(c) to prohibit the placing on board any ship in the Colony of any cargo without the consent of the owners, charterers, agents or master thereof;

(d) absolutely or conditionally to exempt from any such prohibition cargo carried in passengers' luggage or any other class of cargo whatsoever; and

(e) to prescribe any other restriction or condition whatsoever on the importation or exportation of unmanifested cargo or on cargo placed on board any ship.

(2) In this section "unmanifested cargo" means cargo not entered on the ship's manifest.

Passed the Legislative Council of Hong Kong, this 26th day of May, 1932.

the Governor in Council with regard to un- manifested or unauthorised

cargo.

R. A. C. NORTH, Deputy Clerk of Councils.

390

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

HONG KONG.

No. 15 OF 1932.

I assent.

W. T. SOUTHORN,

L.S.

Officer Administering the Government.

27th May, 1932.

Short title.

Amendment of Ordin-

ance No. 18 of 1928, :s. 4.

An Ordinance to amend the United Kingdom Designs

(Protection) Ordinance, 1928.

[27th May, 1932.]

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the United Kingdom Designs (Protection) Amendment Ordinance, 1932.

2. The United Kingdom Designs (Protection) Ordinance, 1928, is amended by the addition of the following paragraph at the end of section 4:

"Such grounds shall be deemed to include the publication of the design in Hong Kong prior to the date of registration of the design in the United Kingdom."

Passed the Legislative Council of Hong Kong, this

26th day of May, 1932.

R. A. C. NORTH, Deputy Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

391

HONG KONG.

No. 16 of 1932.

I assent.

W. T. SOUTHORN,

L.S.

Officer Administering the Government.

27th May, 1932.

An Ordinance to provide for the incorporation of the Directors of the Chinese Young Men's Christian Association of Hong Kong.

[27th May, 1932.]

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Chinese Young Short Men's Christian Association Ordinance, 1932.

title.

2. In this Ordinance "constitution" means the consti- Inter- tution of the Chinese Young Men's Christian Association of pretation. Hong Kong as set out in the Schedule hereto, or any amended constitution approved by the Governor which may be made thereunder.

3.-(1) The Directors of the Chinese Young Men's Incor- Christian Association of Hong Kong, and their successors in poration. office as hereinafter defined, shall be a body corporate, (hereinafter called "the Corporation") and shall have the name of "The Directors of the Chinese Young Men's Chris- tian Association of Hong Kong", and in that name shall have perpetual succession, and shall and may sue and be sued in all courts in the Colony and shall and may have and use a Common Seal.

(2) The first directors shall be Chau Kwan Lam () Cheuk Yan Ko (8) Cheung Po Shu (巢坤霖) (C) Kwok Pui Cheung () Lam Tsz Fung (林子豐) Ngan Kwan Yu (K) Wan Tu Shing (尹耀聲) Wong Kwok Shuen (1) Wong Mann Kwong (EX) Wong Oi Tong (E) Wong Sum Kan () Yip Tai Ching) Ngan Shing Kwan) Kaan Tat Choi (M) and Ma Man Fai (馬文輝).

(3) Subsequent directors, whether appointed in immediate succession to any of the first directors or not, shall be

392

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

Powers of corporation.

Execution

of documents.

Internal

manage- ment.

Saving of the rights of the

Crown and of certain other

persons.

appointed in accordance with the constitution, and shall for the time being be deemed to be successors in office of the first directors and to be members of the corporation,

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

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

5. All deeds and other instruments requiring the cor- porate seal of the corporation shall be sealed in the presence of two of the directors and shall be signed by two of the directors.

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

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

Passed the Legislative Council of Hong Kong, this 26th day of May, 1932.

R. A. C. North, Deputy Clerk of Councils.

SCHEDULE.

CONSTITUTION

OF THE

CHINESE YOUNG MEN'S CHRISTIAN ASSOCIATION

OF HONG KONG.

ARTICLE I.-NAME AND GENERAL POLICY.

Section 1. The name of the Association shall be "The Chinese Young Men's Christian Association of Hong Kong."

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

Section 2. The object and purpose of the Association shall be the development of Christian character and the cultivation of the Christian spirit of service among young men, in accordance with the teachings of Jesus Christ.

Section 3. The Association shall engage in no political movement, and shall not permit its name or premises to be used for political agitation or meetings.

ARTICLE II. MEMBERSHIP.

Section 4. Membership in the Association shall be open to men of the Chinese race who are Christians and are over 18 years of age.

Section 5. The procedure for admission to membership in the Association shall be as follows:--

(a) The candidate shall apply in person for member- ship.

(b) The candidate shall be recommended by a member or a secretary of this Association.

(c) Every application shall be considered by the Member- ship committee and, if approved, the applicant shall become a member forthwith.

Section 6. The duties, responsibilities and privileges of

a member of the Association shall be as follows:--

(a) To make plans for the carrying out of the objects and purposes of the Association and to work for the exten- sion of its several activities.

(b) To share in the performance of all work and voluntary service of the Association.

Section 7. Any member of the Association shall be eligible for electing, or being elected to, the Board of Directors.

Section 8. The Board of Directors may, as circumstances permit, accept other persons as Associate Members, who may participate in the activities of the Association.

ARTICLE III.-GENERAL MEETINGS.

Section 9. All members of the Association who are resident in Hong Kong shall be invited to attend the General Meetings of the Association and twenty-five members present shall constitute a quorum.

Section 10. There shall be a regular General Meeting of the Association annually, at such time and place as the Board of Directors may decide. Special General Meetings may be called by the Board of Directors, or upon the request of more than ten members.

Section 11. The duties and powers of the General Meeting shall include the following:

(a) To see that the objects and purposes of the Asso- ciation are carried out.

393

394

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

(b) To adopt a general programme for the Asso- ciation.

(d) To amend, when necessary, the powers and duties of the Board of Directors.

(e) To consider and adopt the report of the Board of Directors.

ARTICLE IV.-BOARD OF DIRECTORS.

Section 12. The Board of Directors of the Association shall be duly elected at the regular annual meeting of mem- bers, in accordance with the Constitution.

Section 13.

13. The Board of Directors shall consist of fifteen members, who shall serve without emolument for a term of three years, and of whom five shall retire each year but, being eligible, may be re-elected.

Section 14. The Board of Directors shall, at least two weeks before the regular meeting of the Association, publish a list of candidates for election, who have been selected by a nominating committee. Additional nominations may be made by three or more members, but the names of such nominees must be sent to the General Secretary for publication, at least one week before the date of the regular meeting at which the election will be held.

Section 15. Apart from the retiring Directors, who are eligible for re-election, as aforesaid, the nominating com- mittee may select not more than ten members, who are over twenty years of age, and who must possess the following qualifications:-

(a) Membership of the Association.

(b) Belief in the purposes of the Association and a willingness to promote its welfare.

Section 16. Casual vacancies in the Board of Directors shall be filled by the Board, and a Director thus appointed shall serve for the unexpired term of his predecessor.

Section 17. The Board of Directors, at its first meeting after the regular meeting of members, shall appoint annually from its own members a Chairman, Vice-Chairman, Record- ing Secretary and Treasurer. The Chairman and Vice- Chairman, respectively, shall also assume the offices of President and Vice-President of the Association.

Section 18. The Board of Directors shall hold regular monthly meetings, except in August, and five members shall constitute a quorum. Special meetings of the Board may be called at the discretion of the Chairman.

Section 19. The government of the Association shall be vested in the Board of Directors, who shall have the following powers and duties:--

(a) To carry out the objects and purposes of the Asso- ciation, as set out in Section 2 of this Constitution.

(b) To execute the decisions of the Association. aikais

事

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

(d) To adopt measures for the extension of the Asso- ciation.

(e) To adopt a budget and supervise the finances of the Association.

(f) To appoint and discharge secretaries of the Asso- ciation and to regulate the committees.

(g) To cancel the membership of any member for his misconduct, or for his breach of any articles or regulations of the Association.

(h) To establish Branch Associations in the various districts of Hong Kong.

(i) To act as Trustees of the Association in the holding of real and other immovable property.

To enact and promulgate regulations, not contrary to the Constitution, for the management of Branches, Depart- ments, and other Sections of the Association.

Section 20. Any measure or resolution adopted by a general meeting of members but considered by the Board of Directors as impracticable or requiring modification may be referred back to a general meeting for reconsideration, but a majority of those present at such general meeting may over-ride the veto of the Board.

Section 21. The Chairman, Vice-Chairman, Recording Secretary and Treasurer of the Board of Directors, together with the Chairman of the committee of a Branch and the General Secretary of the Association, shall constitute the Executive Committee of the Association. The powers and duties of the Executive Committee shall be governed by regulations of the Association.

ARTICLE V.-STANDING COMMITTEES.

Section 22. The Board of Directors may from time to time delegate part of its duties to committees.

Section 23. The Chairman of each committee shall be appointed by the President of the Association.

Section 24. The number in each committee, their terms of office and duties shall be governed by regulations or resolutions of the Association.

Section 25. The President and the General Secretary of the Association shall be ex-officio members of every com- mittee.

395

ARTICLE VI SECRETARIES.

Section 26. The secretaries shall administer the affairs of the Association, in accordance with the principles and policy as provided by the Constitution and regulations.

Section 27. The appointment of secretaries and their duties shall be governed by the regulations and other rules of the Association.

396

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

ARTICLE VII.-BRANCHES.

Section 28. Members of the Association, resident in Hong Kong, may organize Branches of the Association in accordance with the Constitution of the Association and subject to the approval of the Board of Directors.

ARTICLE VIII. AMENDMENTS.

Section 29. Amendments to this Constitution, except Sections 2, 3, 4 and 7, may be made at any general meeting held under Section 10, provided that the proposed amendment shall have been sent in writing to the Secretary for examina- tion by the Board of Directors, and publication at least one month before the next general meeting, and that it shall be passed at such general meeting by a two-thirds majority of all members present at the meeting; and provided also that no such amendment shall be effective until the Constitution as so amended is approved by the Governor of Hong Kong.

HONG KONG.

No. 17 OF 1932.

}

I assent.

W. T. SOUTHorn,

L.S.

Officer Administering the Government.

27th May, 1932.

An Ordinance to provide for the incorporation of St. Stephen's

College.

[27th May, 1932.]

Short title.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the St. Stephen's College Incorporation Ordinance, 1932.

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

tion.

2. (1) The Council for the time being as hereinafter Incorpora- composed of St. Stephen's College, Hong Kong, shall be a body corporate (hereinafter called "the Corporation") and shall have the corporate name, "St. Stephen's College", and in that name shall have perpetual succession and shall and may sue and be sued in all Courts in the Colony and shall and may have and use a Common Seal.

(2) The Council shall be composed of the following:- (a) The Bishop for the time being of Victoria, Hong Kong, (hereinafter referred to as "the Patron").

(b) The person for the time being occupying the position. of Warden of the College (hereinafter referred to as "the Warden').

(c) Not more than three persons nominated by the local governing body of the South China Mission of the Church Missionary Society.

(d) Not more than seven persons nominated by the Patron and the Warden jointly, of which seven five at least shall be Chinese gentlemen resident in the Colony of Hong Kong who have the interest and welfare of the Corporation at heart, and the remaining two shåll be Members of the Church of England or of a Church in China in communion with the Church of England.

The names of persons so appointed and nominated as aforesaid and their successors shall be filed with the Registrar of Companies.

The Council shall have such powers and duties and shall hold such meetings as are specified in this Ordinance and the regulations in the Schedule hereto.

of Warden.

3. (1) The Warden shall be appointed and may be Appointment 3.-(1) removed by the Church Missionary Society upon the recom- mendation of or after consultation with the Council. During the temporary absence of the Warden the Council may appoint an acting Warden who shall, while acting, be a Member of the Council.

of Council.

(2) For the purpose of the nomination mentioned in Appointment Section 2 (c) and (d), a copy of a Minute of the local of Members governing body of the South China Mission of the Church Missionary Society and of the Nomination signed by the Patron and Warden respectively that the person has been nominated a Member of the Council shall be sufficient for the purposes of this Ordinance.

(3) The Certificate of the Colonial Secretary that any person was at the date of the Certificate .or had been on some previous specified date a Member of the Council shall for all purposes be conclusive evidence of that fact.

4. (1) The Corporation shall carry on the work for Powers of which the College was originally founded-namely, of offer- Corporation. ing to Chinese youths a modern, liberal education, (special attention being given to the English language and literature) upon Christian principles, Protestant and Evangelical as professed by the Church of England.

(2) The Corporation shall have power to acquire, accept, and grant leases of, take, hold and enjoy any lands, build- ings, messuages or tenements of whatever kind or nature soever and wheresoever situate, and also to build, rebuild,

397

398

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

Execution of documents.

Vesting of Property.

Fower

to make

alter, vary, renew, maintain and repair any buildings, messuages or tenements, and also to invest moneys upon mortgage of any lands, buildings, messuages or tenements, or upon the mortgages, debentures, stocks, funds, shares or securities of any government municipality corporation or company and also to purchase, acquire and possess vessels and other goods and chattels of whatsoever kind or nature.

(3) The Corporation shall further have power by deed under its seal to grant, sell, convey, assign, surrender, exchange, partition, yield up, mortgage, pledge, demise, reassign, transfer or otherwise dispose of any lands, build- ings, messuages, tenements, mortgages, debentures, stocks, funds, shares or securities or other goods and chattels, which are for the time being vested in or belonging to the Corporation, upon such terms as to the Corporation may seem fit.

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

6. (1) All those pieces or parcels of ground registered. respectively in the Land Office as Garden Lot No. 76 and Rural Building Lots Nos. 314, 318, 319, 320, 321, 322 and 330 together with all rights, easements and appurtenances thereto belonging or usually held occupied or enjoyed therewith, are hereby transferred to and vested in the Corporation for the unexpired residue of the terms of years created by the Crown Leases thereof, subject to the payment of the rent, and the performance and observance of the covenants and conditions therein contained.

(2) All property and effects at the time of the coming into operation of this Ordinance belonging to and vested in the Council or the Trustees shall, at the time of the coming into operation of this Ordinance, be transferred to and be and become vested in the Corporation.

(3) On the coming into operation of this Ordinance the Corporation shall become liable for all debts and liabilities of the Council or the Trustees.

7.-(1) The Council may by resolution passed by the regulations. majority of the Council from time to time make such regula- tions as they may at their discretion deem desirable for the administration of the Corporation and the management of the Corporation's premises and property of whatever description.

Any regulations made by the Council shall be filed with the Registrar of Companies.

(2) Subject to the exercise of the above powers, the regulations contained in the Schedule hereto shall be in force from the commencement of this Ordinance and shall be deemed to have been made under this Ordinance.

(3) There shall be no obligation on the Council to obtain the approval of the Governor-in-Council to such regulations nor shall it be necessary to publish any such regulations.

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

the rights

8. Nothing in this Ordinance shall affect or be deemed Saving of to affect the rights of His Majesty the King, His Heirs or of the Successors, or the rights of any body politic or corporate or Crown and of any persons except such as are mentioned in this Ordin- ance and those claiming by from or under them.

Passed the Legislative Council of Hong Kong, this 26th day of May, 1932.

of certain

persons.

399

R. A. C. NORTH, Deputy Clerk of Councils.

SCHEDULE

REGULATIONS.

INTERPRETATION.

"The College" means St. Stephen's College carried on by the Corporation.

THE COUNCIL.

1. Members of the Council, other than Members ex officio, shall vacate their office :-

(a) If they fail to attend meetings of the Council for one whole year.

(b) If they cease to reside in Hong Kong or within one hundred miles thereof for six calendar months without leave of the Council.

All such Members shall be re-eligible.

MANAGEMENT.

2. The functions of the Council shall be:

(a) To provide and maintain all necessary buildings, furniture and apparatus for the use of the College.

(b) To take all measures necessary for raising funds and for carrying on the work and administering the affairs of the Corporation.

(d) To appoint, on the nomination of the Warden, Assistant Masters and to dispense with their services.

(e) To fix from time to time the salaries and emoluments of Assistant Masters and of servants or other persons employed by the Corporation.

400

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

(f) To fix from time to time the scale of fees to be paid by students.

(g) To make, rescind and alter regulations for the procedure of the Council and for the management of the Corporation.

THE WARDEN.

3. The Warden or in his absence the Acting Warden shall be responsible for the internal management and dis- cipline of the College and shall periodically report thereon to the Council.

MEETINGS OF THE COUNCIL.

4. Ordinary or Special Meetings of the Council shall from time to time be held for the despatch of business, and may be adjourned from time to time and from place to place. No meeting shall be valid unless at least five Members of Council are present in person.

5. All ordinary meetings of the Council shall be held in Hong Kong, either at the College or at such other con- venient place as shall be agreed on by the Council, or named in the notice convening the meeting.

6. At every meeting the Patron or in his absence a Member elected by those present shall be chairman of the meeting.

7. All business brought before the ordinary meeting shall be decided by a majority of votes of the Members present and willing to vote; and in case of an equality of votes the chairman of such meeting shall have a casting vote.

8. Notwithstanding anything hereinbefore contained a special meeting of the Council may be held at any time or place without previous notice; provided that no resolu- tion shall be passed thereat unless it shall be carried by the votes of an absolute majority of all the Members of Council for the time being. No proxies shall be used at any meeting nor shall the chairman have any casting vote at any special meeting.

9. All resolutions carried as aforesaid by a majority of the Members present at any ordinary meeting and all resolutions carried as aforesaid by an absolute majority of the Members for the time being at any special meeting and all acts done pursuant to any such resolutions respectively shall be deemed to be the resolutions and acts respectively of the Council.

10. Minutes of the proceedings of every meeting of the Council shall be entered in a book to be kept for that purpose and signed by the chairman of such meeting or of the following meeting; and shall when so entered and signed be prima facie evidence of the facts therein stated.

11. The Council may from time to time by resolution. passed at one meeting, and confirmed after due notice at a subsequent meeting held within three months, make and afterwards annul such rules and regulations for and in rela- tion to the conduct of the business of the Corporation, as they may think fit.

في

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

12. The Secretary or Treasurer or any Member of Council may call an ordinary meeting of the Council by delivering to each of the other Members, or leaving at their respective dwelling-houses, or sending them respectively through the post to their last known places of abode in the Colony of Victoria, Hong Kong, seven days' previous notice of such meeting, stating the time and place of holding the meeting and the objects or purposes for which the meeting is to be held. A notice so left or sent shall be effective although the Member of Council for whom it is intended may at the time be absent from home and may never actually receive the notice.

401

FINANCE.

13. A report upon the College to be signed by the Warden, with a financial statement, shall be presented annually to the Council, and a copy thereof shall be trans- mitted to the local Governing Body in the South China Mission for the information of the Church Missionary Society. The Secretary of the South China Mission shall be the medium of communication between the Council and the Church. Missionary Society.

14. A current account of the moneys of the Corporation shall be kept in the name of the Treasurer on behalf of the Corporation at such Bank as the Council shall from time to time approve.

15. All receipts on behalf of the Corporation from whatever source shall be paid in to the credit of such account as soon as conveniently may be, and all drafts on the account shall be signed by the Treasurer.

16. In every year in which there shall be an available surplus of the income over the expenditure, the Council shall set aside and invest on a reserve or sinking fund at least $1,200.00 as provision for extension, for replacing buildings on expiration of leases and for unforeseen contingencies.

17. Future investments may be of such a nature as the Council shall from time to time by resolution approve of, and shall not be limited to strict Trustee investments, and all investments may be from time to time varied under the authority of a resolution of the Council.

402

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

APPOINTMENTS, &c.

　　　　No. 317.-Mr. PHILIP JACKS resumed duty as Land Officer on the termination of his appointment to be an additional Judge of the Supreme Court, with effect from 21st May, 1932.

26th May, 1932.

　　　　No. 318.-- His Excellency the Officer Administering the Government has been pleased to appoint Mr. JOHN CHARLES LANG to act as Assistant Secretary to the Sanitary Board, with effect from 25th May, 1932, until further notice.

27th May, 1932,

　　　　No. 319. His Excellency the Officer Administering the Government has been pleased to appoint, under the provisions of section 10 of the Medical Registration Ordi- nance, 1884, Ordinance No. 1 of 1884, Dr. JAMES WILLIAM ANDERSON to be a Member of the Medical Board, for a term of three years, with effect from the 1st March, 1932.

26th May, 1932.

　　　　No. 320. It is hereby notified that during the absence on leave of Senor Don PATRICIO SMART-FABRES, Consul for Chile in Hong Kong, Mr. ANTONIO BOTELHO will be in charge of the Chilean Consulate.

23rd May, 1932.

NOTICES.

COLONIAL SECRETARY'S Department.

To the Owner of Survey District IV Lots Nos. 592 and 630.

　　　　No. 321. Take notice that Survey District IV Lots Nos. 592 and 630 are required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitra- tors to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

27th May, 1932,

E. R. HALLIFAX,

Colonial Secretary.

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

403

布政司夏

九百年收回公地則例即其經一千

內將其收回至如何補置則按一千

因舉辦公益須由今日起限一個月

百九十二號及六百三十號地段現

通告事照得丈量約份第四約第五

九百三十年政府收回公地則例修

正者辦理又該地業主須自行選舉

一人會同公斷局議定應補置若干

如此通告期滿一星期內該地業主

尚未有人選定則公斷局可代其選

定一人爲其訂議此布

與業主

[九十二號及六百三十號地

右通告丈量約份第四約第五

一千九百卅二年五月廿七日

爲

五

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Survey District IV Lots Nos. 601, 604, 605, 606, 607 and 698.

　　　No.322.-Take notice that Survey District IV Lots Nos. 601, 604,605, 606,607 and 608 are required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amend- ment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption, and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

27th May, 1932.

E. R. HALLIFAX,

Colonial Secretary.

布政司夏

一千九百三十二年五月廿七日

及六百零八號地段業主五號六百零六號六百零七號, 百零一號六百零四號六百零右通告丈量約份第四約第六

可代其選定一人爲其訂議此布該地業主尚未有人選定則公斷局

補置若干如此通告期滿一星期内自行選舉一人會同公斷局議定應地則例修正者辦理又該地業主須即其經一千九百卅年政府收回公置則按一千九百年收回公地則例起限一個月內將其收回至如何補八號地段現因舉辦公益須由今日六百零六號六百零七號及六百零百零一號六百零四號六百零五號通告事照得丈量約份第四約第六

404

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Survey District IV Lots Nos. 610 and 611, Sections A and B.

No. 323.--Take notice that Survey District IV Lots Nos. 610 and 611" Sections A and B are required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to deter- mine the amount of compensation to be paid in respect of such resumption, and that in the event of your failing to nominate a member to serve on the Board within one week. after the date of the expiration of this notice then the Chairman of the Board may nomi-- nate a member to serve on your behalf.

E. R. HALLIFAX,

27th May, 1932.

Colonial Secretary.

業收

布政司夏

此佈

千千

公斷局可代其選定一人爲其訂議星期內該地業主尚未有人選定則議定應補置若干如此通告期滿一業主湏自行選舉一人會同公斷局收回公地則例修正者辦理又該地地則例卽其經一千九百世年政府

由今日起限一個月內將其收回至如何補置則按一千九百年收回公

一及第二地段現因舉辦公益須百一十號及六百一十一號分段第通告事照得丈量約份第四約第六

百右

右通告丈量約份第四約第六

百一十號及六百一十一號分

與第一及第二段地與業主

一千九百卅二年五月廿七日

蕊

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Survey District IV Lot No. 611 Section C.

　　　　No. 324.-Take notice that Survey District IV Lot No. 611 Section C is required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption, and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

E. R. HALLIFAX,

27th May, 1932.

Colonial Secretary.

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

405

布政司夏

辦公益湏由今日起限一個月內將

百一十一號地段第三分現因舉

通告事照得丈量約份第四約第六

其收回至如何補置則按一千九百

會同公斷局議定應補置若干如此

辦理又該地業主須自行選舉一人三十年政府收回公地則例修正者

年收回公地則卽其經一千九百

通告期滿一星期內該地業主尙未

有人選定則公斷局可代其選定一

八爲其訂此布

一十一號地段第三分與業主

右通告丈量約份第四約第六百

一千九百卅二年五月十七日

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Survey District IV Lots Nos. 619,621 and 622.

　　　No. 325.-Take notice that Survey District IV Lots Nos. 619, 621 and 622 are required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

27th May, 1932.

E. R. HALLIFAX,

Colonial Secretary.

布政司夏

此布

公斷局可代其選定一人爲其訂議星期內該地業主尙未有人選定則議定應補置若干如此通告期滿一業主湏自行選舉一人會同公斷局收回公地則例修正者辦理又該地則例卽其經一千九百三十年政府何補置則按一千九百年收回公地今日起限一個月內將其收回至如二十二號地段現因舉辦公益湏由百一十九號六百二十一號及六百通告事照得丈量約份第四約第六

右通告丈量約份第四約第六

百一十九號六百二十一號及

六百二十二號地段業中

一千九百三十二年五月廿七日

406

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Survey District IV Lots Nos. 612 and 613.

　　　　No.326.-Take notice that Survey District IV Lots Nos. 612 and 613 are required for a public purpose and will be resumed on the expiration of one month from the date. hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amen led by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to deter- mine the amount of compensation to be paid in respect of such resumption, and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nomi- nate a member to serve on your behalf.

27th May, 1932.

地業主

一千九百卅二年五月七日

E. R. HALLIFAX,

Colonial Secretary.

干舉

布政司夏

千千月

九內

百將

例補

選定一人爲其訂議此布主尙未有人選定則公斷局可代其干如此通告期滿一星期内該地業舉一人會同公斷局議定應補置若修正瀚辦理又該地業主須自行選千九百三十年政府收回公地則例千九百年收间公地則例卽其經一月内將其收回至如何補置則按一現因舉辦公益須由今日起限一個百一十二號及六百一十三號地段通告事照得丈量約份第四約第六

補自

業若

右通告丈量約份第四約第六

爲

百一十二號及六百一十三號

COLONIAL SECRETARY'S DEPARTMENT

To the Owner of Survey District IV Lots Nos. 629 Section B and 632.

No. 327.-Take notice that Survey District IV Lots Nos. 629 Section Band 632 are required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbi- trators to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

27th May, 1932.

E. R. HALLIFAX,

Colonial Secretary.

布政司夏

百廿九號第二分段及第六百世二通告事照得丈量約份第四約第六

爲

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

407

限號

百

個

段

九

號地段現因舉辦公益須由今日起

則按一千九百年收回公地則例郎限一個月內將其收回至如何補置

其經一千九百卅年政府收回公地

公例

則例

正者辦理又該地業主須自

行選舉一人會同公斷局議定應補

置若干如此通告期滿一星期內該

地業主尚未有人選定則公斷局可

代其選定一人爲其訂議此佈

一千九百卅二年五月廿七日

世二號地段業主

百廿九號第二分段及第六百

右通告丈量約份第四約第六

Colonial Secretary.

E. R. HALLIFAN,

COLONIAL SECRETARY'S DEPARTMENT.

To the uner of Survey District IV Lot No.626.

　　　No.328.-Take notice that Survey District IV Lot No. 626 is required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

業收地如

布政司夏

此佈

公斷局可代其選定一人爲其訂議星期內該地業主尙未有人選定則議定應補置若干如此通告期滿一業主須自行選舉一人會同公斷局收回公地則例修正者辦理又該地地則例即其經一千九百卅年政府如何補置則按一千九百年收回公由今日起限一個月內將其收回至

通告事照得丈量約份第四約第六百二十六號地段現因舉辦公益須

爲

正千千

右通告丈量約份第四約第六

百二十六號地與業主

一千九百卅二年五月廿七日

27th May, 1932.

408

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Survey District IV Lots Nos. 625, 627, 628, 629 Section A and R.P. and 631 Sections A and B.

No. 329.-Take notice that Survey District IV Lots Nos. 625, 627, 628, 629 Section A and R.P. and 631 Sections A and B are required for a public purpose and will be Jesumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as am nded by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

27th May, 1932.

E. R. HALLIFAX,

Colonial Secretary.

內應須公卽置起第

千

右代

分

第及

五

收

布政司夏

囘益

公至湏

地

收則何

日主第六

主囘例補及

1ኛ

COLONIAL SECRETARY'S Department.

To the Owner of Survey District IV Lot No. 623.

No. 330. Take notice that Survey District IV Lot No. 623 is required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

E. R. HALLIFAX,

27th May, 1932.

Colonial Secretary.

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

409

布政司夏

此佈

通告事照得丈量約份第四約第六

百十三號地段現因舉辦公益須由

今H起限一個月內將其收回至如

何補置則按一千九百年收回公地

議定應補置若干如此通告期滿一

業主須自行選舉一人會同公斷局收囘公地則例修正者辦理又該地

則例即其經一千九百三十年政府

星期内該地業主尚未有人選定則

公斷局可代其選定一人爲其訂議

右通告丈量約份第四約第六

業第

一千九百卅二年五月二十七日百二十三號地與業主

為

COLONIAL SECRETARY's DEPARTMENT.

To the Owner of Survey District IV Lots Nos. 639 and 665.

No. 331.-Take notice that Survey District IV Lots Nos. 639 and 665 are requir- ed for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

27th May, 1932.

E. R. HALLIFAX,

Colonial Secretary.

干舉

布政司夏

選定一人爲其訂議此布主尚未有人選定則公斷局可代其干如此通告期滿一星期內該地業舉一人會同公斷局議定應補置若修正者辦理又該地業主須自行選千九百三十年政府收回公地則例千九百年收回公地則例卽其經一月内將其收回至如何補置則按一現因舉辦公益須由今日起限一個

百三十九號及六百六十五號地通告事照得丈量約份第四約第六

百第

地段業主百三十九號及六百六十五號' 右通告丈量約份第四約第六

一千九百三十二年五月廿七日

個罠

410

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Survey District IV Lots Nos. 635,646 and 650.

No.332.-Take notice that Survey District IV Lots Nos. 635, 646 and 650 are re- quired for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitra- tors to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

E. R. HALLIFAX,

27th May,1932.

Colonial Secretary.

布政司夏

一千九百卅二年五月廿七日

六百五十號地段業主百三十五號六百四十六號及右通告丈量約份第四約第六局可代其選定一人爲其訂議此佈内該地業主尙未有人選定則公斷應補置若干如此通告期滿一星期湏自行選舉一人會同公斷局議定公地則例修正者辦理又該地業主例卽其經一千九百卅年政府收回補置則按一千九百年收回公地則日起限一個月內將其收回至如何五號地段現因舉辦公益須由今百三十五號六百四十六號及六百通告事照得丈量約份第四約第六

篇

COLONIAL SECRETARY'S DEPARTMENT.

To the Owners of Survey District IV Lots Nos. 640,649 and 651.

No. 333.-Take notice that Survey District IV Lots Nos.·640,649 and 651 are required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

E. R. HALLIFAX,

27th May, 1932.

Colonial Secretary.

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

411

布政司夏

斷局可代其選定一人爲其訂議此

期內該地業主尙未有人選定則公定應補置若干如此通告期滿一星主須自行選舉一人會同公斷局議回公地則例修正者辦理又該地業例即其經一千九百三十年政府收補置則按一千九百年收回公地則日起限一個月内將其收回至如何

十一號地段現因舉辦公益湏由今百四十號六百四十九號及六百五通告事照得丈量約份第四約第六

右通告丈量約份第四約第六

百四十號六百四十九號及六

百五十一號地與業主

一千八百卅二年五月廿七H

爲

COLONIAL SECRETARY'S DEPARTMENT

To the Owners of Survey District IV Lots Nos. 643 R. P. and 647.

No. 334.-Take notice that Survey District IV Lots Nos. 643 R. P. and 647 are required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

27th May, 1932.

E. R. HALLIFAX,

Colonial Secretary.

布政司夏

壹千九百三十二年五月廿七日

七號地與業主百四十三號餘段及六百四十右通告丈量約份第四約第六

代其選定一人爲其訂議此布地業主尚未有人選定則公斷局可置若干如此通告期滿一星期內該行選舉一人會同公斷局議定應補則例修正辦理又該地業主須自經一千九百三十年政府收回公地按一千九百年收回公地則例即其一個月內將其收回至如何補置則地段現因舉辦公益湏由今日起限百四十三號餘段及六百四十七號通告事照得丈量約份第四約第六

412

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Survey District IV Lot No. 666.

　　　　No. 335. Take notice that Survey District IV Lot No. 666 is required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provid- ed by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

27th May, 1932.

收

公 151]

地卽

FY!

E. R. HALLIFAX,

Colonial Secretary.

通布

六篇

COLONIAL SECRETARY'S Department.

To the Owner of Survey District IV Lots Nos. 644, 648 and 667.

No. 336. Take notice that Survey District IV Lots Nos. 644, 648 and 667 are re- quired for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

27th May, 1932.

E. R. HALLIFAX,

Colonial Secretary.

五

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

此公

佈

業收則何

公

No. 337.

千千

413

布政司夏

地府

ROYAL OBSERVATORY.

Sunrise and Sunset in Hong Kong for June, 1932.

(STANDARD TIME OF THE 120TH MERIDIAN, EAST OF GREENWICH.)

DATE.

SUNRISE.

SUNSET.

DATE.

SUNRISE.

SUNSET.

June

1.....

5.38 a.m.

2.....

5.38

7.03 p.m. 7.04

June

16.

5.38 a.m.

7.09 p.m.

5.38

7.09

3..

5.38

7.04

18..

5.39

7.09

5.38

7.05

19.

5.39

7.09

5..

5.38

7.05

20..

5.39

7.10

6..

5.38

7.05

21.

5.39

7.10

5.38

7.06

22.

5.39

7.10

8..

5.38

7.06

23..

5.40

7.10

5.38

7.07

24.

5.40

7.11

10.....

5.38

7.07

25...

5.40

7.11

11.

5.38

7.07

26.

5.40

7.11

12...

5.38

7.07

27.

5.41

7.11

13...

5.38

7.08

5.41

7.11

14..

5.38

15..

5.38

7.08 7.08

29.

5.41

7.11

30...

5.42

7.11

25th May, 1932.

C. W. JEFFRIES,

Director.

411

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

No. 338.

COMPARATIVE STATEMENT OF THE REVENUE AND EXPEN

Revenue from

Estimates.

1st to

Heads of Revenue.

31st

1932.

January,

1932.

Duties

7,890,000

Revenue for same

Actual Revenue to

Revenue

for same

period of preceding

year.

1932.

period of preceding

year.

486,418.14

499,876.53

Port and Harbour Dues.....

793,000

62,885.95

62,068.25

Licences

and

Internal

Revenue not otherwise

specified

16,231,110

1,833,943.67 1,596,900.28

Fees of Court or Office

Payments for specific

　　purposes, and Reim- bursements in Aid.........

2,122,100

196,253.54

166,013.37

Post Office

2,340,000

164,959.23

170,016.76

Kowloon-Canton Railway...

1,100,000

119,876.52

97.285.13

Rent of Government Pro-

perty, Land and Houses...

1,407,300 189,296.97

170,604 63

Interest

150,000

7,087.23

43,861.42

€

€0

Miscellaneous Receipts.....

205,000

16,358.29

30,915.47

Total (exclusive of Land

Sales)

32,241,510

3,077,079.54 2,837,541.84

Land Sales (Premia on New

Leases)

1,750,000 215,944.38 224,413.40

TOTAL........$ 33,991,510 3,203,023.92 3,061,955.24

26th May, 1932.

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

DITURE FOR THE PERIOD ENDED 31ST JANUARY, 1932.

Estimates,

Heads of Expenditure.

1932.

Expenditure from

1st to 31st December,

1932.

Expenditure for same period of preceding

year.

415

TREASURY.

Actual Expenditure

1932.

Expenditure for same period of preceding

year.

CA-

H. E. the Governor

209.720

11,447.95

16,127.40

Cadet Service

755,321

43,742.07

48,589.02

Senior Clerical and Ac-

counting Staff

409,634

23,804.83

26,896.25

Junior Clerical Service

973,480

73,964.26

72,634.19

Colonial Secretary's Office

and Legislature

78,946

4,349.83

5,032.74

Secretariat

for

Chinese

Affairs

27,938

2,167.82

1,517.22

Treasury

115,580

4,713.48

8,454.89

Audit Department

97,054

7,059.44

7,782.78

District Office, North

26,867

2,166.17

1,690.71

Do., South

13,644

699.07

951.94

Communications :-

(a) Post Office

448,592

60,721.19

39,663.83

(b) Do. Wireless

Telegraph Service.

156,604

10,106.62

11,205.12

Imports and Exports

Office

802,437

17,894.99

23,888.23

Harbour Department

1,298,865

60,590.53

55,190.90

Do.

Air

Service

52,807

843.32

943.35

Royal Observatory

88,160

5,351.29

5,841.54

Fire Brigade....

363,965

14,871.32

14,627.26

Supreme Court...

209,300

14,379.40

27,047.68

Attorney General

50,190

3,651.95

4,062.74

Crown Solicitor's Office

70,668

3,753.20

4,245.67

Official Receiver

24,641

1,438.48

2,287.99

Land Office

48,604

2,816.30

2,488.24

Magistracy, Hong Kong...

2,274

170.74

119.03

Do., Kowloon

2,117

106.81

119.68

Police Force

3,075,359

179,204.58

222,975.29

Prisons Department...

942,910

51,678.18

38,215.35

Medical Department

1,628,764

83,197.11

93,242.56

Sanitary Department

1,033,504

64,456.63

55,799.16

Botanical and Forestry

Department

129,070

6,006.76

7,474.80

Education Department

2,046,096

111,413.53

118,075.49

Kowloon-Canton Railway...

959,025

82,324.89

62,053,88

Defence:

(a) Volunteer Defence

Corps

132,949

4,770.34

4,887.95

(b) Military Contribu-

tion

6,366,567

487,032.08

388,128.25

Miscellaneous Services

1,452,481

76,001.54

306,011.33

Charitable Services..

175,762

2,053.54

5,335.65

Charge on Account of

Public Debt

1,973,307

Pensions

1,708,000

117,570.92

152,642,15

Public Works Department.

2,335,114

149,131.26

152,594.84

Do., Recurrent..............

1,521,800

29,170.55

29,083.59

31,808,116

1,814,825.97

2,017,928.69

Do., Extraordinary.

2,173,545

33,981,661

6,840.70

1,821,666.67

22,704.55

2,040,633.24

Expenditure from Surplus

balances

1,000,000

TOTAL...... $ 34,981,661 2,321,666.67

500,000.00

2,040,633.24

EDWIN TAYLOR,

Treasurer.

416

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

No. 339-Financial Statement for the month of January, 1932.

TREASURY.

REVENUE AND EXPENDITURE.

Excess of Assets over Liabilities on 31st December, 1931

Revenue from 1st to 31st January, 1932

Expenditure from 1st to 31st January, 1932

$ 11,347,629.47

3,293,023.92

$ 14,640,653.39 2,321,666.67

Balance

$ 2,318,986.72

Assets and Liabilities on the 31st January, 1932.

LIABILITIES.

ASSETS.

Deposits:-

Contractors

and

Officers

Deposits

349,679.81

Suitors Fund

580,632.17

Advances:

On account of Future Loan.. Purchase of three Locomo- tives for Chinese Section, Kowloon-Canton Railway.

Miscellaneous

3,506,158.17

447,468.26

121,641.40

Miscellaneous Deposits

2,337,639.11

Building Loans

1,047,924.31

Postal Agencies

1,451.91

Imprest Account

41,373.58

Suspense Account

922,4:9.15

Subsidiary Coins.....

1,136,524.25

Exchange Adjustment

18,568.60

House Service Account

614.69

Trade Loan !eserve

1,061,801.39

Investments:-

Praya East Reclamation

142,642.33

Surplus Funds.....

1,363,434.80

Coal Account

1,903.42

Crown Agents Remittances

41,588.44

Trade Loan Outstanding

1,131,579.76

Unallocated Stores, (P.W.D.).....

524,781.75

Total Liabilities

5,416,747.89

Unallocated Stores, (K.C.R.)

163,826.57

Excess of Assets over Liabi-

Lorry Haulage Account

2,561.64

lities

12,318,986.72

Cash :-

Treasurer Crown Agents Joint Colonial Fund On Fixed Deposit

2,982,092.61

12,637.40

3,382,527.06 1,828,999.92

TOTAL.........$

17,735,734.61

TOTAL.........$

17,735,734.61

26th May, 1932.

* Joint Colonial Fund....... ..£244,000 Os. Od.

EDWIN TAYLOR,

Treasurer.

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

417

OFFICE OF REGISTRAR OF TRADE MARKS.

　　No. 340.-It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909 :----

Number of

Marks.

Date of Registration.

Names and Addresses of Owners.

Period of

Classes in

Renewal.

which renewed.

File Nos.

No. 41 of 1904.

9th May, 1904.

A. & F. Pears Limited, of 71/75, New Oxford Street, London and at Isleworth, Middlesex.

9th May, 1946.

34 of 1932.

Nos. 25B and 25C of 1890.

24th May, 1890.

Beechams Pills Limited, 55/56, Pall Mall, London, S. W. I.

24th May, 1946.

42 of 1932.

26th May, 1932.

E. L. AGASSIZ,

Registrar of Trade Marks.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 341.--It is hereby notified that the registration of the following trade marks has expired and that they will be removed from the Register of Trade Marks on the 28th June, 1932, unless the prescribed fees for renewal of registration are paid before that date:

Number of Trade Marks.

Names and Addresses of Proprietors.

Date of Expiration of Registration.

File

Nos.

No. 117 of 1918.

Duryea Manufacturing Company in the City of Bayonne, State of

21st May, 1932.

40 of 1932.

New Jersey,

United States of America.

No. 118 of 1918.

Victoria Confectionery Store, 32, Cochrane Street,

23rd May, 1932.

41 of 1932.

26th May, 1932.

Hong Kong.

E. L. AGASSIZ, Registrar of Trade Marks.

418

THE HONG KONG GOVERNMENT GAZETTE, MAY 27, 1932.

SUPREME COURT.

No. 342. It is hereby notified that at the expiration of three months from the date hereof the CHINESE GRAMOPHONE RECORDINGS, LIMITED, will, unless cause is shewn to the contrary, be struck off the register and the company will be dissolved.

25th May, 1932.

E. P. H. LANG,

Registrar of Companies

SUPREME COURT.

　　　No. 343.-It is hereby notified that the name of OUR STORE, LIMITED, has been struck off the Register.

27th May, 1932.

E. P. H. LANG,

Registrar of Companies.

420

THE HONG KONG GOVERNMENT GAZETTE, JUNE 2, 1932.

EXECUTIVE COUNCIL.

No. 344.

His Excellency the Governor in Council has been pleased to direct under section 7 of the Public Health and Buildings Ordinance, 1903, Ordinance No. 1 of 1903, that the name of Mr. HIM SAU LUKE be added to the List of Authorized Archi- tects published in Government Notification No. 740 of the 27th November, 1931.

COUNCIL CHAMBER,

14th May, 1932.

No. 345.

D. W. TRATMAN,

Clerk of Councils.

Hong Kong.

ORDINANCE No. 1 of 1903 (PUBLIC HEALTH AND BUILDINGS).

It is hereby notified for general information that His Excellency the Governor in Council has, under section 210 of the Public Health and Buildings Ordinance, 1903, appointed the hours of 7.30 to 8 in the morning as hours between which blasts may be fired on the first section of the new One hundred foot road between Causeway Bay and Ming Yuen Gardens in addition to the hours laid down in the above-mentioned section.

COUNCIL CHAMBER,

28th May, 1932.

D. W. TRATMAN,

Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 2, 1932.

No. 346.

Hong Kong.

Regulations made by the Governor in Council under section 3 of the Post Office Ordinance, 1926, Ordinance No. 7 of 1926, on the 28th day of May, 1932.

The regulations made by the Governor in Council under the Post Office Ordinance 1926, and set forth in Government Notification No. 118 in the Gazette of the 26th February, 1932, are hereby amended as follows:---

By the substitution in Regulation 1 of 5 cents for 4 cents as the rate of postage to be charged for each ounce or part of an ounce on letters addressed to Macao and China proper, excluding Sinkiang, Mongolia and Thibet.

This amendment shall take effect as from the 13th day of June, 1932.

D. W. TRATMAN,

Clerk of Councils.

COUNCIL CHAMBER,

28th May, 1932.

No. 347.

It is hereby notified that His Excellency the Governor in Council has given directions for the rescission of the Order of the 17th May, 1932, published in the Gazette of the 20th May, 1932, as Government Notification No. 300 declaring Osaka to be a place at which an infectious or contagious disease, namely, small-pox, prevailed, and the same is hereby rescinded.

D. W. TRATMAN,

COUNCIL CHAMBER,

2nd June, 1932.

Clerk of Councils.

421

LEGISLATIVE COUNCIL.

　　No. 348.-His Majesty the KING has not been advised to exercise his power of disallowance with respect to the following Ordinances :---

Ordinance No. 2 of 1932.-An Ordinance to amend the Police Force Ordinance,

1900.

Ordinance No. 3 of 1932.-An Ordinance to amend and consolidate the law

relating to Estate Duty.

Ordinance No. 4 of 1932.--An Ordinance to amend the Po Leung Kuk Incor-

poration Ordinance, 1893.

Ordinance No. 5 of 1932.-An Ordinance to amend the Chinese Temples Ordin-

ance, 1928.

COUNCIL CHAMBER,

1st June, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils

422

THE HONG KONG GOVERNMENT GAZETTE, JUNE 2, 1932.

APPOINTMENTS, &c.

No. 349. His Majesty the KING has been pleased to approve the appointment of the Honourable Mr. THOMAS HENRY KING to be temporarily an Official Member of the Legislative Council during his tenure of office as Acting Inspector General of Police, with effect from the 27th February, 1932.

1st June, 1932.

　　　　No. 350. It is hereby notified that Mr. GEOFFREY ROBLEY SAYER resumed duty as Head of Sanitary Department, on 27th May, 1932.

2nd June, 193?.

No. 351.-It is hereby notified that during the absence on leave of Monsieur DUFAURE DE LA PRADE, Consul General for France in Hong Kong, Monsieur SOULANGE TEISSIER will be in charge of the French Consulate.

2nd June, 1932.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT

　　　　No. 352.-His Majesty the KING has been pleased to award the Imperial Service- Medal to Mr. JAMES MCLEOD, lately Chief Warder, Victoria Gaol, Hong Kong.

2nd June, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

　　　　No. 353. The following scale of fees for interpreting in Courts is published in substitution for that in Government Notification No. 671 of 9th November, 1901:-

In the Supreme Court :-

For interpreting in an Eastern Language: $3 per hour or part thereof,

with a minimum of $5 for any part of a day.

For interpreting in a Non-Eastern Language: $5 per hour or part thereof,

with a minimum of $10 for any part of a day.

In the Magistrate's Court:---

For interpreting in an Eastern Language: $3 per hour or part thereof. For interpreting in a Non-Eastern Language: $5 per hour or part thereof.

This Notification does not apply to Government Officers.

2nd June, 1932.

E. R. HALLIFAX,

Colonial Secretary.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 2, 1932.

No. 354

COLONIAL SECRETARY'S DEPARTMENT.

The following Order made by His Excellency the Officer Administering the Government is published for general information.

2nd June, 1932.

E. R. HALLIFAX,

Colonial Secretary.

Hong Kong.

Order made by His Excellency the Officer Administering the Government under section 2 of the Public Revenue Protection Ordinance, 1927, Ordinance No. 9 of 1927, at midnight on Thursday, the 2nd day of June, 1932.

WHEREAS I, WILFRID THOMAS SOUTHORN, Companion of the Most Distinguished Order of Saint Michael and Saint George, the Officer Administering the Government of the Colony of Hong Kong and its Dependencies, have approved the introduction into the Legislative Council of the bill and resolution hereto annexed and signed by me :

And whereas duties on intoxicating and spirituous liquors would be imposed and altered and would become the duties appearing in such resolution if the bill and resolution were to become law:

Now I, under the powers conferred upon me by the Public Revenue Protection Ordinance, 1927, as defined by section 39 of the Interpretation Ordinance, 1911, do hereby make this Order giving the full force and effect of law to all the provisions of such bill and resolution as long as this Order remains in force.

W. T. SOUTHORN,

Officer Administering the Government.

423

424

THE HONG KONG GOVERNMENT GAZETTE, JUNE 2, 1932.

[No. 15:28.5.32.-3.]

C.S.O. 3 in 4299/31.

A BILL

INTITULED

An Ordinance to amend the Liquors Ordinance, 1931.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:--

1. This Ordinance may be cited as the Liquors Amend- Short title. ment Ordinance, 1932.

2. The Liquors Ordinance, 1931, is amended-

(a) by the substitution of the word "alcoholic" for the word "intoxicating" in the title, section 2 (9), section 2 (10), the heading to section 41, section 55 (2), section 58 (1). section 88 (1), section 88 (2) and section 88 (5).

(b) by the substitution of the word "dutiable" for "intoxicating" wherever it occurs in section 77, section 84 and section 88 (3).

(d) by the substitution of the words "not liable to duty under this Ordinance" for the words "unfit for use as દો beverage" in section 2 (8).

(e) by the insertion of the words "and such other conditions as the Superintendent may impose" before the full stop at the end of sections 43 (1), 43 (2), 43 (3) first parapraph, 44 (1), 46 (1) and 56 (1).

(f) by the substitution of the following paragraph for section 2 (27) :-

(27) "Spirituous liquors" means liquors containing more than two per cent of proof spirit, but shall not include denatured spirits.

(g) by the substitution of the words "goods or" for the words "goods of" in section 88 (8).

W. T. SOUTHORN,

Officer Administering the Government.

Amend- ment of

Ordinance 1931.

No. 36 of

Objects and Reasons.

1. The Liquors Ordinance, No. 36 of 1931, like the Ordinances which it replaced, deals with many alcoholic liquors which, though intoxicating, are not usually so described and which are not included in the list of intoxicating liquors given in section 2 (16) of the Ordinance.

だい

THE HONG KONG GOVERNMENT GAZETTE, JUNE 2, 1932.

2 This Ordinance therefore substitutes "alcoholic" "dutiable" or other suitable expressions for the word "intoxicating" or similar expressions in several sections of the Ordinance where they are considered more appropriate.

3. Paragraph (e) of section 2 of the Ordinance sanctions the practice of imposing special conditions in addition to the general conditions contained in the forms in the Third Schedule to the principal Ordinance.

4. Paragraph (f) amends the definition of spirituous liquors in section 2 (27) so as to make it correspond in its spirit content to the definition of "Intoxicating liquors" in section 2 (16) of the principal Ordinance.

425

C. G. ALABASTER,

Attorney General.

May, 1932.

Hong Kong.

LIQUOR DUTIES RESOLUTION,

Resolved that pursuant to section 39 of the Liquors Ordinance, 1931, Ordinance No. 36 of 1931, as amended by the Liquors Amendment Ordinance, 1932, that the Liquor Duties Resolutions of the 26th February, 1931, and the 17th March, 1932 (published respectively by Notifications Nos. 122 and 168 of the Gazettes of the 27th February, 1931 and the 18th March 1932) be rescinded and that on and after the coming into operation of this Resolution the Liquor Duties to be paid upon intoxicating or spirituous liquors, as the case may be, heretofore or hereafter imported into, distilled, made or prepared in the Colony shall be assessed as in the following Table provided that, in the case of dutiable liquors heretofore or hereafter imported into the Colony the dollars and decimals thereof stated in the Table shall be conventional dollars reckoned as the equivalent of one shilling and eight pence sterling; and that consequently to arrive at the actual amount payable in Hong Kong currency the conventional dollar stated in the Table shall be multiplied by 20 and divided by a figure settled by the Colonial Treasurer from time to time representing the average opening selling rates for the previous month of the Hong Kong and Shanghai Banking Corporation for demand drafts on London and until so settled the figure shall be 16.10

Table.

Part I.

EUROPEAN TYPE LIQUOR.

On all liqueurs, and on all champagnes and other

sparkling wines

On all brandy, gin, rum, whisky and other spirituous

liquors

On all port, sherry and madeira

Per gallon.

$10.00

6.00

4.00

426

THE HONG KONG GOVERNMENT GAZETTE, JUNE 2, 1932.

Per gallon.

On all other still wines

$ 3.00

On beer, porter, cider, perry and stout

0.60

On all intoxicating liquors above the strength of 18 degrees under proof, for every degree above such strength, in addition to the appropriate duty as above

Part II.

CHINESE TYPE LIQUOR.

On all Chinese type spirits containing not more than

24 per cent of alcohol by weight

For every one per cent of additional alcoholic

strength by weight

Part III.

JAPANESE TYPE LIQUOR.

On all sake containing not more than 24 per cent

of alcohol by weight

For every one per cent of additional alcoholic

strength by weight

Part IV.

OTHER LIQUORS.

0.07

1.20

0.05

•

1.20

0.05

On all spirituous liquors other than intoxicating liquors, but including spirits of wine or arrack, containing not more than 24 per cent of alcohol by weight

For every one per cent of additional alcoholic

strength by weight

1.20

0.05

Provided that it shall be lawful for the Superintendent of Imports and Exports, in his discretion, to assess the duty on any intoxicating liquor not specifically mentioned in Parts, I, II, and III above at such rate as is provided in such parts for the liquor which the Superintendent shall deem to approximate most nearly to such intoxicating liquor; and Provided also that it shall be lawful for the said Super- intendent, in his discretion, to assess the duty on any spirituous liquors imported in a consignment of less than two gallons at one time at $5.00 per gallon.

W. T. SOUTHORN, Officer Administering the Government.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 2, 1932.

ASSESSOR'S OFFICE.

427

No. 355.-It is hereby notified that the valuation lists for the Colony for the year 1932-1933 will be open to inspection at the Treasury for twenty-one days commencing on Saturday, 4th June, 1932.

1st June, 1932.

No. 356.

EDWIN TAYLOR,

Colonial Treasurer and Assessor of Rates.

IMPORTS AND EXPORTS DEPARTMENT.

DANGEROUS DRUGS ORDINANCES, 1923-1928.

WITHDRAWAL OF AUTHORITY.

(YEUNG KOK YEE).

Whereas Young Kok Yee of 22 Queen's Road Central, Victoria in the Colony of Hong Kong, being a person who lawfully keeps open shop for the retailing of poisons in accord- ance with the provisions of the Pharmacy and Poisons Ordinance, 1916, has been convicted of an offence against the Dangerous Drugs Ordinances :

And whereas the said Yeung Kok Yee cannot, in my opinion, properly be allowed to carry on the business of manufacturing or selling or distributing any of the drugs (other than benzoyl-morphine) to which the Dangerous Drugs Ordi- nances, 1923 to 1928, apply:

Now, therefore, in pursuance of the powers conferred on me by Regulation No. 11 of the Regulations made under the provisions of the Dangerous Drugs Ordinanceș, 1923 to 1928, I hereby give notice that I withdraw, as from to-day's date, from the said Yeung Kok Yee the authority granted by the said Regulations to the person who lawfully keeps open shop for the retailing of poisons to manufacture at the shop in the ordinary course of his retail business any preparation, admix- ture or extract of any drug to which the said Dangerous Drugs Ordinances apply or to carry on at the shop the business of retailing, dispensing or compounding any of the drugs to which the said Dangerous Drugs Ordinances apply.

2nd June, 1932.

E. W. HAMILTON, Superintendent of Imports and Exports.

428

THE HONG KONG GOVERNMENT GAZETTE, JUNE 2, 1932.

ROYAL OBSERVATORY.

　　　　No. 357.-The adoption of the Non-Local Storm Signal Code in Government Notification No. 766 of December 19th, 1930, has introduced no alteration of the signals hoisted in this Colony, Shanghai or the Coast ports notified by Hong Kong or Shanghai. A simplified version of the Code is therefore published for local use and information.

May 31st, 1932.

C. W. JEFFRIES, Director, Royal Observatory.

Non-Local Storm Signal Code for Visual Storm Warnings exhibited in Hong Kong, Shanghai and Coast Ports.

The following ten symbols are used:---

I-LTTA

indicating the figures

1 2 2 3

4 5 6 7 8 9 0

(2) The signals are hoisted at the yard-arms and at the mast head of a Storm Signal Mast and have the following significance:-

Typhoon and depression Signals:-

(a) 4 symbols at one yard-arm showing the position of the centre.

(b) 3 symbols at the other yard-arm, showing the direction of motion or, alternatively, certain conditions; also the accuracy with which the centre has been located, and the intensity. (Table 1).

position indicated (Table 2).

Gale Signals:-

(d) 1 symbol at one yard-arm showing the region threatened (Table 3).

(e) 2 symbols at the other yard-arm showing the general direction from which the gale is blowing, in points: 08 = East, 16 = South, 24 = West, 32 North.

(f) 1 symbol at the mast head showing the time at which the gale was as

stated.

(3) The two upper symbols of group (a) indicate by their corresponding numbers the latitude, and the two lower symbols the longitude, of the centre of a circle (of a radius specified by the lowest symbol of group (b)) within which the centre of the typhoon or depression lies. The symbols for longitude give the tens and units only; thus 32 indicates longitude 132°.

(4) The two upper symbols of group (b) indicate the direction in which the typhoon, etc. is travelling, or alternatively, certain conditions (Table 1).

Latitude (North).

Ordinary limits.

Mean.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 2, 1932.

429

(5) The third and lowest symbol of the group (b) indicates the radius of the circle whose centre is shown by the latitude and longitude, together with the degree of intensity, or alternatively, one of four conditions which can sometimes be given in addition to the direction of motion (Table 1) and in preference to the radius and intensity signal.

(6) The only velocity signals given are "stationary or very slow", which is an alternative to the direction of motion, and "exceptionally high rate of travel which may be given in addition to direction of motion.

In this connection the following table, extracted from the China Seas Storm Signal Code will be useful:-

Before recurving.

Rate of travel of typhoons in the Far East (Knots).

Exceptional

Velocity

as signalled.

Maximum

recorded.

Ordinary limits.

Mean.

After recurving.

Exceptional

Velocity

as signalled.

Maximum

recorded.

5 to 15

15 20

5 to 12

11 or above

12/1

5 to 17

13 or above

25 7

16 11 13

14,, 23

25 30 7

11 13

་

11,, 23

45 50

11,, 36

12,, 36

17 36 21

12,, 36

50 55

12,,

37 21

2 2 2 2 2

(7) Caution. The position indicated by the latitude and longitude signals does not purport to be the position of the centre of the typhoon, but merely the centre of a circle of specified radius within which the centre of the typhoon is believed to lie.

(8) The Time Signal (Table 2) indicates the time at which the typhoon or depression was in the position indicated. Symbol No. 9 provides for occasions when the centre has been located from observations at other than routine hours.

430

THE HONG KONG GOVERNMENT GAZETTE, JUNE 2, 1932.

TABLE 1:-DIRECTION, CONDITION, RADIUS AND

INTENSITY SIGNALS.

Typhoon or Depression.

Two UPPER SYMBOLS OF HOIST.

LOWEST OF THREE SYMBOols.

Direction of motion.

Code figure.

Condition.

Code figure.

Radius of position

Code

Intensity etc.

circle.

figure.

NNE

Forming

0 Two centres

10 -

10 01

120

Unknown.

120

Severe.

Unknown.

0 Stationary or very slow.

ENE

ESE......

0 Curving N

slow.

Severe.

Deepened.

LO LO

10 30

Unknown.

Severe.

Exceptionally high

rate of travel.

Continental

SSE

SSW

30 m

CO LO

WSW

ลล

W........

2 Filling up or

curving N

WNW

2 CO

соло

2 Filling up

1000

NNW

Filled up

Unknown

วล

LO 00

depression.

Position of centre

uncertain.

}

THE HONG KONG GOVERNMENT GAZETTE, JUNE 2, 1932.

TABLE 2:-TIME SIGNALS.

Day.

Single Symbol at Masthead.

Yesterday.

Today.

Code figures.

со

Time of 120th

a.m.

p.m. p.m. a.m.

a.m.

p.m. p.m.

meridian, E.

TABLE 3-GALE SIGNALS.

431

Position deduced from supplementary information received since last warning.

One Symbol at yard-arm showing the locality of the gale.

Code figures.

Annam Coast.

District.

Gulf of Tonkin.

Formosa Channel.

Formosa to Yangtze.

Yangtze to Shangtung Promontory.

Gulf of Pechili and Yalu Gulf.

Sea of Japan.

North of Hokkaido.

East Coast of Japan.

South of Kiushiu.

432

THE HONG KONG GOVERNMENT GAZETTE, JUNE 2, 1932.

MEDICAL DEPARTMENT

No. 358. The following additions to the Register of Medical Practitioners entitled to practise Medicine in this Colony, published in Government Notification No. 282 of the 4th May, 1932, pursuant to the Medical Registration Ordinance, 1884, is published for general information:-

NAME.

PERSONS QUALIFIED TO PRACTISE MEDICINE.

ADDRESS.

QUALIFICATION,

DATE OF QUALIFICATION

Lien Tsoong-kya.

St. John's Hall, University.

連忠介

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

17th May, 1932.

Lam Shiu-chun.

林肇眞

Teo Soon-wan.

St. John's Hall, University.

張順遠

Wong Hok-nin.

3, Sui Wah Terrace. Bachelor of Medicine and Bachelor of Surgery of the University of Hong Hong.

Bachelor of Medicine and Bachelor of

Surgery of the University of Hong | Kong

18th May,

1932.

18th May,

1932.

11, Fung Wong Terrace.

Bachelor of Medicine and Bachelor of

21st May,

王鶴年

Surgery of the University of Hong Kong.

1932.

Yeoh Guan-eng.

楊源榮

Eliot Hall, University. Bachelor of Medicine and Bachelor of urgery of the University of Hong Kong.

25th May,

1932.

31st May, 1932.

A. R. WELLINGTON,

Director of Medical & Sanitary Services.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 359.-It is hereby notified that the registration of the following trade marks has expired and that they will be removed from the Register of Trade Marks on the 4th July, 1932, unless the prescribed fees for renewal of registration are paid before that date:-

Number of Trade Marks.

Names and Addresses of Proprietors.

Date of Expiration of Registration.

File

Nos.

No. 113 of 1918.

Nos. 47 and 48

of 1904.

Nos. 49, 50 and 51

of 1904.

F. Anderson and Company Limited of 125, Kew Road, Richmond, Surrey, England.

Melchers and Company, Hong Kong.

Do.

18th June, 1932.

3rd May, 1932.

31 of 1932.

30th May, 1932.

43 of 1932.

30th May, 1932.

44 of 1932.

E. L. AGASSIZ, Registrar of Trade Marks

No. 26.

QUT

•

MAL

Vol. LXXVIII.

DIEU

MON

DEOIT

The Hong Kong Government Gazette Extraordinary

Published by Authority

FRIDAY, JUNE 3, 1932.

The following Notification is published,

By command,

E. R. HALLIFAX, Colonial Secretary.

HONOURS.

　　　No. 360. His Majesty the KING has been graciously pleased to approve the appointment of GEORGE ALEXANDER WALKER, Esquire, to be a Companion of the Imperial Service Order.

　　　His Majesty the KING has been graciously pleased to approve the following appoint- ment in the Most Excellent Order of the British Empire (Civil Division): -

To be an Ordinary member of the Fifth Class or Member:-

HANNAH FLORENCE SKINNER.

Printed and Published by NORONHA & Co., Printers to the Hong Kong Government.

436

THE HONG KONG GOVERNMENT GAZETTE, JUNE 10, 1932.

EXECUTIVE COUNCIL.

No. 361.

Hong Kong.

ORDINANCE No. 35 of 1923. PASSPORTS.

In exercise of the powers conferred by section 2 of the Passports Ordinance, 1923, the Passport Regulations, contained in the Schedule to the said Ordinance as amended by the Regulation published by Government Notification No. 348 in the Gazette of the 22nd June, 1928, are altered and amended by the Governor in Council and shall be as follows:--

Passport Regulations.

1. No person shall enter the Colony unless he has in his possession and brings with him into the Colony a valid passport: Provided that no person shall be convicted of an offence against this regulation if he proves that he had in his possession and brought with him into the Colony some other valid document establishing his nationality and identity and authorising him to travel to and enter the Colony issued or endorsed, in the case of a British subject or British protected person by a competent British Official, and in other cases by an official having authority to issue or endorse such a document in respect of the person in question.

2. (1) No passport or travel document shall be deemed to be valid unless-

(a) an indication, either in general terms or specific, which is not invalidated by any other endorsement, appears thereon that the passport or travel document is valid for Hong Kong; and

(b) it was issued or renewed to the holder, in the case of a passport by or on behalf of the Government of the state of which he is a subject or citizen and in the case of a travel document by a competent official, not more than five years before his arrival in the Colony and is still within the period of its validity if any such period he stated; and

(e) it has a photograph of the petson or persons to whom it relates so affixed as to obviate the possibility of its removal and the substitution of another photograph, but this condition shall not apply in the case of any Pardanashin or Gosha woman; and

(d) in the case of a person who is neither a British subject nor a British protected person, it bears a visa, by a British Consular Officer in a foreign state or by a duly authorised public officer in some part of His Majesty's dominions, which was granted not more than one year before the arrival of such person in the Colony and is still within the period of its validity, and which is either generally or specifically applicable to the journey on which the holder is engaged or which he has completed by his arrival in the Colony; but this condition shall not apply in the case of a person included in any agreement, applicable to the Colony, between His Majesty's Government or the Government of this Colony and any other Government, for the mutual abolition or waiver of visas.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 10, 1932.

(2) Neither the possession of a valid passport or travel document, as defined in paragraph (1) of this regulation, nor any visa or endorsement thereon, shall be deemed to imply that the holder will be permitted to land in the Colony, or, if allowed to land, that he will be permitted to stay in the Colony; nor will they serve as any excuse for disobeying any banishment, deportation or expulsion order.

3. The holder of a passport or travel document with a visa authorising transit only through the Colony shall not remain in the Colony longer than is reasonably necessary to enable him to tranship or to find other means by which to proceed to his destination, and the holder of a passport or travel document with a visa authorising direct transit only shall proceed to his destination by the earliest means of transport of which he can reasonably avail himself: Provided that in either case the duration of the stay in the Colony of any such holder may be extended with the consent in writing of the Inspector General of Police, for which there shall be charged either the fee of $5 or a fee equal to the difference. between the cost of a transit visa and the cost of an ordinary visa in the case in question, whichever fee be the higher.

4. Every person who possesses a passport, or other official document establishing his nationality and identity, shall upon demand by any police officer, produce such passport or such other document forthwith for the inspection of such police officer.

5.-(1) If any person is convicted of an offence against Regulation 1 or Regulation 3 of these Regulations, it shall be lawful for any magistrate to order that such person shall be expelled from the Colony.

(2) Any such order shall have the effect of authorising any police officer to arrest and detain such person and to do all such other acts as may be necessary to enable such person to be expelled from the Colony by such ship or route as the Governor may determine.

6. These regulations shall not apply to the following (1) persons of or under the age of fifteen years;

(2) persons of Chinese race;

(3) persons who pass through the waters of the Colony without landing in the Colony.

(4) persons employed in any capacity in the service of any ship, who arrive in the Colony and leave in the same ship on her next departure.

437

COUNCIL CHAMBER,

2nd June, 1932.

D. W. TRATMAN,

Clerk of Councils.

438

THE HONG KONG GOVERNMENT GAZETTE, JUNE 10, 1932.

No. 362.

The Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, Table L, Quarantine Regulations.

It is hereby declared by order of His Excellency the Governor in Council that Shanghai is a place at which an infectious or contagious disease, namely, cholera, prevails.

D. W. TRATMAN,

COUNCIL CHAMBER,

8th June, 1932.

Clerk of Councils.

LEGISLATIVE COUNCIL.

No. 363.

LEGISLATIVE COUNCIL,

No. 7.

Thursday, 26th May, 1932, at 2.30 p.m.

PRESENT:

HIS EXCELLENCY THE OFFICER ADMINISTERING THE GOVERNMENT (Hon. Mr. WILFRID THOMAS SOUTHORN, C.M.G.).

His Excellency the General Officer Commanding the Troops, (Major-General JAMES

WALTER SANDILANDS, C.B., C.M.G., D.S.O.).

The Honourable the Colonial Secretary, (Mr. EDWIN RICHARD HALLIFAX, C.M.G., C.B.E.). the Attorney General, (Mr. CHALONER GRENVILLE ALABASTER, K.C.,

O.B.E.).

the Secretary for Chinese Affairs, (Mr. ALAN EUSTACE WOOD).

the Colonial Treasurer, (Mr. EDWIN TAYLOR).

Mr. HAROLD THOMAS CREASY, C.B.E., (Director of Public Works). Commander GEORGE FRANCIS HOLE, R.N. (Retired), (Harbour Master).

Dr. ARTHUR ROBARTES WELLINGTON, (Director of Medical and Sanitary

Services).

Mr. THOMAS HENRY KING, (Acting Inspector General of Police).

Sir HENRY EDWARD POLLOCK, Kt., K.C.

Mr. WILLIAM EDWARD LEONARD SHENTON.

Mr. ROBERT HORMUS KOTEWALL, C.M.G., LL.D.

Mr. JOSÉ PEDRO BRAGA.

Mr. Ts'o SEEN-WAN, O.B.E., LL.D.

Mr. CHAU TSUN-NIN.

Mr. WILLIAM HENRY BELL.

Mr. ROLAND ARTHUR CHARLES NORTH, (Deputy Clerk of Councils).

ABSENT:

The Honourable Mr. JOHN JOHNSTONE PATERSON.

438

THE HONG KONG GOVERNMENT GAZETTE, JUNE 10, 1932.

No. 362.

The Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, Table L, Quarantine Regulations.

It is hereby declared by order of His Excellency the Governor in Council that Shanghai is a place at which an infectious or contagious disease, namely, cholera, prevails.

D. W. TRATMAN,

COUNCIL CHAMBER,

8th June, 1932.

Clerk of Councils.

LEGISLATIVE COUNCIL.

No. 363.

LEGISLATIVE COUNCIL,

No. 7.

Thursday, 26th May, 1932, at 2.30 p.m.

PRESENT:

HIS EXCELLENCY THE OFFICER ADMINISTERING THE GOVERNMENT (Hon. Mr. WILFRID THOMAS SOUTHORN, C.M.G.).

His Excellency the General Officer Commanding the Troops, (Major-General JAMES

WALTER SANDILANDS, C.B., C.M.G., D.S.O.).

The Honourable the Colonial Secretary, (Mr. EDWIN RICHARD HALLIFAX, C.M.G., C.B.E.). the Attorney General, (Mr. CHALONER GRENVILLE ALABASTER, K.C.,

O.B.E.).

the Secretary for Chinese Affairs, (Mr. ALAN EUSTACE WOOD).

the Colonial Treasurer, (Mr. EDWIN TAYLOR).

Mr. HAROLD THOMAS CREASY, C.B.E., (Director of Public Works). Commander GEORGE FRANCIS HOLE, R.N. (Retired), (Harbour Master).

Dr. ARTHUR ROBARTES WELLINGTON, (Director of Medical and Sanitary

Services).

Mr. THOMAS HENRY KING, (Acting Inspector General of Police).

Sir HENRY EDWARD POLLOCK, Kt., K.C.

Mr. WILLIAM EDWARD LEONARD SHENTON.

Mr. ROBERT HORMUS KOTEWALL, C.M.G., LL.D.

Mr. JOSÉ PEDRO BRAGA.

Mr. Ts'o SEEN-WAN, O.B.E., LL.D.

Mr. CHAU TSUN-NIN.

Mr. WILLIAM HENRY BELL.

Mr. ROLAND ARTHUR CHARLES NORTH, (Deputy Clerk of Councils).

ABSENT:

The Honourable Mr. JOHN JOHNSTONE PATERSON.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 10, 1932.

439

1. The Council met pursuant to adjournment. His Excellency the Officer Adminis-

tering the Government occupied the Chair.

MINUTES.

2. The Minutes of the Meeting held on the 19th May, 1932, were confirmed.

PAPERS.

3. The following papers were laid on the table :-

Rescission of the Order made by the Governor in Council under the Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, dated 6th May, 1932.

Rescission of the Order made by the Governor in Council under the Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, dated 11th May, 1932.

Order made by the Governor in Council under section 3 and 4 of the Importation and Exportation Ordinance, 1915, Ordinance No. 32 of 1915, on 14th May, 1932.

Declaration under the Merchant Shipping Ordinance, 1899, Ordinance No. 10

of 1899, Table L, Quarantine Regulations, dated 17th May, 1932. Additional by-laws under section 16 of the Public Health and Buildings Ordin-

ance, 1903, for the regulation of Dairies.

Administrative Reports, 1931:-

Part II-Law and Order :-

Report of the Registrar of the Supreme Court.

REPORT OF THE FINANCE COMMITTEE.

4. The Colonial Secretary laid on the table the Report of the Finance Committee

(No. 6), dated the 19th May, 1932, and moved its adoption.

The Colonial Treasurer seconded.

Question-put and agreed to.

5. The Colonial Secretary moved :

MOTIONS.

That this Council approves of the expenditure of a further sum of $75,700 on the Kai Tak aerodrome and hangar during the financial year 1932 which sum shall be met from a future loan and shall meanwhile be charged as an advance from the surplus balances of the Colony.

The Colonial Treasurer seconded.

Question-put and agreed to.

6. Registration of United Kingdom Patents Amendment Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled Ordinance to amend the law relating to the Registration of United Kingdom Patents."

The Colonial Secretary seconded. Question--put and agreed to.

Bill read a first time.

7. Pensions Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to consolidate and amend the law regulating the granting of Pensions, Gratuities and other Allowances in respect of public service."

The Colonial Secretary seconded. Question-put and agreed to.

Bill read a first time.

440

THE HONG KONG GOVERNMENT GAZETTE, JUNE 10, 1932.

8. Vagrancy Amendment Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to amend the law relating to Vagrancy."

The Colonial Secretary seconded. Question--put and agreed to.

Bill read a first time.

9. Vaccination Amendment Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to amend the Vaccination Ordinance, 1923."

The Colonial Secretary seconded. Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

10. Employers and Servants Amendment Bill. --The Attorney General moved the Second reading of the Bill intituled "An Ordinance to amend the Employers and Servants Ordinance, 1902."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

11. Military Stores (Exportation) Amendment Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to amend the Military Stores (Exportation) Ordinance, 1862."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

12. Births and Deaths Registration Amendment Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to amend the law relating to the Registration of Births and Deaths.'

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 10, 1932.

Council in Committee on the Bill.

441

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

13. Employment of Young Persons and Children at Sea Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to regulate the employment of Young Persons and Children at Sea."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

14. Importation and Exportation Amendment Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to amend the Importation and Exportation Ordinance, 1915."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

15. United Kingdom Designs (Protection) Amendment Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to amend the United Kingdom Designs (Protection) Ordinance, 1928."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

16. Chinese Young Men's Christian Association Bill.-The Hon. Mr. S. W. Ts'o, O.B.E., LL.D. moved the Second reading of the Bill intituled "An Ordin- ance to provide for the incorporation of the Directors of the Chinese Young Men's Christian Association of Hong Kong.'

The Hon. Mr. R. H. KOTEWALL, C.M.G., LL.D. seconded. Question-put and agreed to.

}

442

THE HONG KONG GOVERNMENT GAZETTE, JUNE 10, 1932.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Hon. Mr. S. W. Ts'o, O.B.E., LL.D. reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Hon. Mr. R. H. KOTEWALL, C.M.G., LL.D. seconded.

Question-put and agreed to.

Bill read a third time and passed.

17. St. Stephen's College Incorporation Bill.--The Hon. Mr. S. W. Ts'o, O.B.E., LL.D. moved the Second reading of the Bill intituled "An. Ordinance to provide for the incorporation of St. Stephen's College."

The Hon. Mr. W. E. L. SHENTON seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Hon. Mr. S. W. Ts'o, O.B.E., LL.D. reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Hon. Mr. W. E. L. SHENTON Seconded.

Question-put and agreed to.

Bill read a third time and passed.

ADJOURNMENT.

18. The Council then adjourned until Thursday, the 9th day of June, 1932, at

2.30 p.m.

Confirmed this 9th day of June, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

W. T. SOUTHORN, Officer Administering the Government.

No. 364. His Excellency the Officer Administering the Government has given his assent, in the name and on behalf of His Majesty the KING, to the following Ordi- nances passed by the Legislative Council:-

Ordinance No. 18 of 1932.-An Ordinance to amend the law relating to the

Registration of United Kingdom Patents.

Ordinance No. 19 of 1932.-An Ordinance to amend the law relating to

Vagrancy.

442

THE HONG KONG GOVERNMENT GAZETTE, JUNE 10, 1932.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Hon. Mr. S. W. Ts'o, O.B.E., LL.D. reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Hon. Mr. R. H. KOTEWALL, C.M.G., LL.D. seconded.

Question-put and agreed to.

Bill read a third time and passed.

The Hon. Mr. W. E. L. SHENTON seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Hon. Mr. S. W. Ts'o, O.B.E., LL.D. reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Hon. Mr. W. E. L. SHENTON Seconded.

Question-put and agreed to.

Bill read a third time and passed.

ADJOURNMENT.

18. The Council then adjourned until Thursday, the 9th day of June, 1932, at

2.30 p.m.

Confirmed this 9th day of June, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

W. T. SOUTHORN, Officer Administering the Government.

Ordinance No. 18 of 1932.-An Ordinance to amend the law relating to the

Registration of United Kingdom Patents.

Ordinance No. 19 of 1932.-An Ordinance to amend the law relating to

Vagrancy.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 10, 1932.

443

HONG KONG.

No. 18 of 1932.

I assent.

W. T. SOUTHORN,

L.S.

Officer Administering the Government.

10th June, 1932.

An Ordinance to amend the law relating to the Registration

of United Kingdom Patents.

[10th June, 1932.]

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the Registration of short title. United Kingdom Patents Amendment Ordinance, 1932.

Ordinance

No. 13 of 1925, s. 8.

2. The Registration of the United Kingdom Patents Substitu- Ordinance, 1925, as amended by the Registration of United tion for Kingdom Patents Amendment Ordinance, 1928, and by the Registration of United Kingdom Patents Amendment Ordin- ance, 1931, is amended by the repeal of section 8 and by the substitution of the following section:-

No. 10 of

Ordinance

1928.

Ordinance No. 38 of 1931.

declare

not acquired.

8.-(1) The Supreme Court shall have power, upon the Power to application of any person who alleges that his interests have exclusive been prejudicially affected by the issue of a certificate of privileges registration, to declare, on any of the grounds upon which the United Kingdom Patent might be revoked under the law for the time being in force in the United Kingdom, that the exclusive privileges and rights conferred by such certificate of registration have not been acquired.

(2) Such grounds shall be deemed to include the manu- facture, use or sale of the invention in Hong Kong prior to the date of the issue of the patent in the United Kingdom, but not to include the manufacture, use or sale of the invention. in Hong Kong by some person or persons after the date of the issue of the patent in the United Kingdom and prior to the date of the issue of the certificate of registration under section 5.

3. The Registration of the United Kingdom Patents Repeal of Amendment Ordinance, 1931 is repealed.

Passed the Legislative Council of Hong Kong, this

9th day of June, 1932.

Ordinance No. 38 of 1931.

R. A. C. NORTH,

Deputy Clerk of Councils.

444

THE HONG KONG GOVERNMENT GAZETTE, JUNE 10, 1932.

HONG

KONG.

No. 19 OF 1932.

I assent.

W. T. SOUTHORN,

L.S.

Officer Administering the Government.

10th June, 1932.

Short title.

Amendment

of Ordinance

No. 9 of 1897, s. 2.

5 Geo 4, c. 83, s. 3.

Amendment

An Ordinance to amend the law relating to Vagrancy.

[10th June, 1932.]

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:--

1. This Ordinance may be cited as the Vagrancy Amend- ment Ordinance, 1932.

2. Section 2 of the Vagrancy Ordinance, 1897, is amended as follows:--

Paragraph (b) is relettered paragraph (c) and the follow- ing paragraph is inserted immediately after paragraph (a):-

(b) "Mendicant" means any person wandering abroad, or placing himself or herself in any public place, street, highway, court, passage or waterway to beg or gather alms, or causing or procuring or encouraging any child or children so to do; and "Mendicancy" shall be interpreted accordingly.

　　　　3. The Vagrancy Ordinance, 1897, is amended by the of Ordinance insertion of the following section immediately after

section 28:-

No. 9 of 1897. New section.

Punishment

of person

convicted of mendicancy.

Repeal of Ordinance No. 1 of 1845, s. 10 and of Ordinance No. 15 of 1931.

Repeal of Ordinance No. 9 of 1897, s. 16.

28A.-(1) Mendicancy is forbidden.

(2) Every person who is guilty of mendicancy shall upon summary conviction be liable to a fine not exceeding twenty- five dollars or to imprisonment for a term not exceeding one month.

4. Section 10 of the Summary Offences Ordinance, 1845, (as amended by section 3 of the Summary Offences Ordinance, 1924, and by section 2 of the Summary Offences Amendment Ordinance, 1931) and the Summary Offences Amendment Ordinance, 1931, are repealed.

5. Section 16 of the Vagrancy Ordinance, 1897, is repealed.

Passed the Legislative Council of Hong Kong, this 9th day of June, 1932.

R. A. C. NORTH. Deputy Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 10, 1932.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. 365 - The following Government Notification is substituted for Government Notification No. 346 dated 28th May, 1932.

445

E. R. HALLIFAX,

Colonial Secretary.

10th June, 1932.

Hong Kong.

Regulations made by the Governor in Council under section 3 of the Post Office Ordinance, 1926, Ordinance No. 7 of 1926, on the 28th day of May, 1932.

(1) By the substitution in Regulation 1 of 5 cents for 4 cents as the rate of postage to be charged for each ounce or part of an ounce on letters addressed to Macao and China proper, excluding Sinkiang, Mongolia and Thibet.

(2) By the substitution in Regulation 10 of 5 cents for

4 cents.

This amendment shall take effect as from the 13th day of June,1932.

D. W. TRATMAN,

COUNCIL CHAMBER,

28th May, 1932.

Clerk of Councils.

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Survey District I Lot No. 185.

No. 366.-Take notice that Survey District I Lot No. 185 is required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provid- ed by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then

　　　　　　　　　　　　　　　　　　　　　　　　　　　　of the Board may nominate a member to serve on your behalf.

10th June, 1932.

the Chairman

E. R. HALLIFAX,

Colonial Secretary.

布政司夏

此佈

公斷局可代其選定一人爲其訂議星期內該地業主尚未有人選定則議定應補置若干如此通告期滿一業主須自行選舉一人會同公斷局收回公地則例修正者辦理又該地地則例卽其經一千九百卅年政府如何補置則按一千九百年收闾公由今日起限一個月內將其收回至百八十五號地段現因舉辦公益須通告事照得丈量約份第一約第一

代地

百八十五號地與業主

右通告丈量約份第一約第一

一千九百三十二年六月十日

篇

446

THE HONG KONG GOVERNMENT GAZETTE, JUNE 10, 1932.

COLONIAL SECRETARY'S Department.

To the Owner of Survey District I Lots Nos. 183, 184 and 198.

No. 367. Take notice that Survey District I Lots Nos. 183, 184 and 198 are re- quired for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

E. R. HALLIFAX,

Colonial Secretary.

10th June, 1932.

訂定滿

府地收則 @ 151 公郎地

須

則經

其

千

布政司夏

號

期又年年囘囘

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Survey District I Lot No. 202.

No. 368.-Take notice that Survey District I Lot No. 202 is required for a public purpose and will be resumed on the expiration of one month from the date- hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

10th June, 1932.

E. R. HALLIFAX,

Colonial Secretary.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 10, 1932.

此

佈

則

447

主

九內

百將年其收收

如

篇

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Survey District I Lots Nos. 6143,6191,6213, 6216, 182, 197, 199, 6219 and 6150.

No. 369.- Take notice that Survey District I Lots Nos. 6143,6191,6213,6216, 182, 197, 199, 6219 and 6150 are required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensa- tion will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

10th June, 1932.

E. R. HALLIFAX,

Colonial Secretary.

局內應湏公例補日五

地卽

限號

經按一地百

舉修

個段

定尙如

未此

人

正千千月現十人者九

九九内因九

百將舉號

局可代其選定一人爲其訂議此布内該地業主尙未有人選定則公斷

九號第百號九千右代

百地十

九百

第一百九十九號第六千二百

號第六千二百一十六號第一百八十二號第一百九十七號

九十一號第六千二百一十三千一百四十三號第六千一百

右通告丈量約份第一約第六

主及十

一十九號及第六千一百五十

一千九百三十二年六月十日

人有通

同理卅年其辦及

又年收收公

斷該政囘囘益

局地府公至湏千星議議業收

收地如

第百

一

百九十七號第一百九十九號第二百一十六號第一百八十二號第

千通布

號一告政

百事司

照

一號第六千二百一十三號第六千

千一百四十三號第六千一百九十

百約

號六九第

三百六布斷期定主囘則何今百第第千

六篇

448

THE HONG KONG GOVERNMENT GAZETTE, JUNE 10, 1932.

COLONIAL SECRETARY'S Department.

To the Owner of Survey District I Lots Nos. 6151 and 6151|1.

No. 370.---Take notice that Survey District I Lots Nos. 6151 and 6151/1 are required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbi- trators to determine the amount of compensation to be paid in respect of such resump- tion, and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

E. R. HALLIFAX,

Colonial Secretary.

10th June, 1932.

十千

定:

布政司夏

定則公斷局可代其選定一人爲其滿一星期內該地業主尙未有人選斷局議定應補置若干如此通告期該地業主湏自行選舉一人會同公政府收回公地則例修正者辦理又回公地則例卽其經一千九百卅年回至如何補置則按一千九百年收益須由今日起限一個月內將其收十一號地段第一分段現因舉辦公千一百五十一號及第六千一百五通告事照得丈量約份第一約第六

議業

訂議此佈

千右

右通告丈量約份第一約第六

千一百五十一號及第六千一

百五十一地段第一分段業主

一千九百卅二年六月十

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Survey District I Lot No. 6152.

No.371.-Take notice that Survey District I Lot No. 6152 is required for a public purpose and will be resumed on the expiration of one, month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption, and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

E. R. HALLIFAX,

10th June, 1932.

Colonial Secretary.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 10, 1932.

449

布政司夏

通告事照得丈量約份第一約第六

千一百五十二號地段現因舉辦公

益湏由今H起限一個月內將其收

回至如何補置則按一千九百年收

囘公地則例卽其經一千九百三十

年政府收回公地則例修正者辦理

選定則公斷局可代選定一人爲

期滿一星期內該地業主尚未有人公斷局議定應補置若干如此通告

又該地業主須自行選舉一人會同

其訂議此布

千一百五十二號地段業主

右通告丈量約份第一約第六

一千九百卅二年六月十日.

爲

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Survey District I Lots Nos. 171, 6189 R.P..6209,6215,6187 and 6190.

No. 372.-Take notice that Survey District I Lots Nos. 171, 6189 R.P., 6209, 6215, 6187 and 6190 are required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resump- tion Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to

serve on your behalf.

10th June, 1932.

E. R. HALLIFAX,

Colonial Secretary.

布政司夏

八爲其訂議此布有人選定則公斷局可代其選定一通告期滿一星期內該地業主倘未會同公斷局議定應補置若干如此辦理又該地業主須自行選舉一人三十年政府收回公地則例修正者年收回公地則例卽其經一千九百其收回至如何補置則按一千九百辦公益湏由今日起限一個月內將及第六千一百九十號地段現因舉一十五號第六千一百八十七號分段第六千二百零九號第六千二百七十一號第六千一百八十九號通告事照得丈量約份第一約第一

一千九百三十二年六月十日

九十號地段業主一百八十七號及第六千一百第六千二百一十五號第六千九號分艮第六千二百零九號百七十一號第六千一百八十右通告丈量約份第一約第一

450

THE HONG KONG GOVERNMENT GAZETTE, JUNE 10, 1932.

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Survey District I Lots Nos. 170 and 6194.

No.373.-Take notice that Survey District I Lots Nos. 170 and 6194 are requir- ed for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

10th June, 1932.

E. R. HALLIFAX,

Colonial Secretary.

布政司夏

百七十號及第六千一百九十

右通告丈量約份第一約第一

代其選定一人爲其訂議此布地業主尚未有人選定則公斷局可置若干如此通告期滿一星期內該行選舉一人會同公斷局議定應補則例修正者辦理又該地業主須自經一千九百三十年政府收回公地按一千九百年收回公地則例卽其一個月內將其收回至如何補置則地段現因舉辦公益須由今日起限百七十號及第六千一百九十四號通告事照得丈量約份第一約第一

一千九百三十二年六月十日

四號地段業主

九第

篇

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Survey District I Lots Nos. 6193, and 6198.

No. 374.Take notice that Survey District I Lots Nos. 6193, and 6198 are re- quired for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitra- tors to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

E. R. HALLIFAX,

10th June, 1932.

Colonial Secretary.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 10, 1932.

451

16T

布政司夏

通告事照得丈量約份第一約第六

千一百九十三號及第六千一百九

十八號地段現因舉辦公益須由

日起限一個月內將其收回至如何

補置則按一千九百年收回公地則

例卽其經一千九百卅年政府收回

公地則例修正者辦理又該地業主

湏自行選舉一人會同公斷局議定

應補置若干如此通告期滿一星期

内該地業主尙未有人選定則公斷

一千九百卅二年六月十日

百九十八號地段業主

千一百九十三號及第六千一右通告丈量約份第一約第六

局可代其選定一人爲其訂議此佈

爲

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Survey District I Lot No.6203.

　　　No. 375.-Take notice that Survey District I Lot No. 6203 is required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member serve on your behalf.

10th June, 1932.

布政司夏

定則公斷局可代其選定一人爲其滿一星期內該地業主尙未有人選斷局議定應補置若干如此通告期該地業主須自行選舉一人會同公政府收回公地則例修正者辦理公地則例即其經一千九百三十年至如何補置則按一千九百年收回湏由今日起限一個月內將其收回千二百零三號地民現因舉辦公益通告事照得丈量約份第一約第六

訂議此佈

右通告丈量約份第一約第六·

千二百零三號地段業主

一千九百卅二年六月十日

452

THE HONG KONG GOVERNMENT GAZETTE, JUNE 10, 1932.

COLONIAL. SECRETARY'S DEPARTMENT

To the Owner of Survey District I Lot No. 6205.

　　　No. 376.-Take notice that Survey District I Lot No. 6205 is required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended. by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

10th June, 1932.

E. R. HALLIFAX,

Colonial Secretary.

布政司夏

定則公斷局可代選定一人爲其滿一星期內該地業主尙未有人選斷局議定應補置若干如此通告期該地業主須自行選舉一人會同公政府收回公地則例修正辦理又公地則例卽其經一千九百三十年至如何補置則按一千九百年收回湏由今日起限一個月內將其收回千二百零五號地段現因舉辦公益通告事照得丈量約份第一約第六

訂議此布

壹千九百三十二年六月十日

千二百零五號地段業主

右通告丈量約份第一約第六

爲

COLONIAL SECRETARY'S DEPARTMENT

To the Vener of Survey District I Lots Nos. 6141, 6145, 6148 and 6210.

　　　No. 377.Take notice that Survey District I Lots Nos. 6141, 6145, 6148 and 6210 are required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended. by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbi- trators to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominato a member to serve on your behalf.

10th June, 1932.

E. R. HALLIFAX,

Colonial Secretary.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 10, 1932.

453

布政司夏

議此佈

則公斷局可代其選定一人爲其訂一星期內該地業主尙未有人選定局議定應補置若干如此通告期滿地業主須自行選舉一人會同公斷府收回公地則例修正者辦理又該公地則例卽其經一千九百卅年政

至如何補置則按一千九百年收回須由今日起限一個月內將其收回千二百一十號地段現因舉辦公益

五號第六千一百四十八號及第六千一百四十一號第六千一百四十通告事照得丈量約份第一約第六爲

業主

號及第六千二百一十號地段

四十五號第六千一百四十八

千一百四十一號第六千一百右通告丈量約份第一約第六

一千九百卅二年六月十日

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Survey District I Lots Nos. 6146, 6147, 6192, 6201, 6204, 6207 and 6211.

　　　No.378.-Take notice that Survey District I Lots Nos. 6146, 6147,6192,6201 6204,6207 and 6211 are required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption, and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

10th June, 1932.

E. R. HALLIFAX,

Colonial Secretary.

布政司夏

斷局可代其選定一人爲其訂議此期內該地業主尙未有人選定則公定應補置若干如此通告期滿一星主須自行選舉一人會同公斷局議回公地則例修正辦理又該地業例卽其經一千九百三十年政府收補置則按一千九百年收回公地則 H起限一個月内將其收回至如何十一號地段現因舉辦公益須由今六千二百零七號及第六千二百一二百零一號第六千二百零四號第七號第六千一百九十二號第六千千一百四十六號第六千一百四十通告事照得丈量約份第一約第六

業主號及第六千二百一十一號地二百零四號第六千二百零七. 號第六千二百零一號第六千四十七號第六千一百九十二千一百四十六號第六千一百右通告丈量約份第一約第六

一千九百卅二年六月十日

篇

454

THE HONG KONG GOVERNMENT GAZETTE, JUNE 10, 1932.

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Survey District I Lot No. 6212.

No. 379. Take notice that Survey District I Lot No. 6212 is required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitra- tors to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

19th June, 1932.

E. R. HALLIFAX,

Colonial Secretary.

布政司夏

其訂議此布

選定則公斷局可代其選定一人爲期滿一星期內該地業主尚未有人公斷局議定應補置若干如此通告又該地業主須自行選舉一人會同年政府收回公地則例修正者辦理囘公地則例即其經一千九百三十回至如何補置則按一千九百年收益須由今日起限一個月內將其收仟二百一十二號地民現因舉辦公通告事照得丈量約份第一約第六

仟二百一十二號地段業.

右通告丈量約份第一約第六

一千九百冊二年六月十日

篇

COLONIAL SECRETARY'S Department.

To the Owner of Survey District 1 Lots Nos. 6142, 6149, 6200 and 6214.

No. 380.-Take notice that Survey District 1 Lots Nos. 6142, 6149, 6200 and 6214 are required for a public purpose and will be resumed on the expira- tion of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amend- ment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption, and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

E. R. HALLIFAX,

10th June, 1932.

Colonial Secretary.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 10, 1932.

九千通

455

布政司夏

星期內該地業主尙未有人選定則議定應補置若干如此通告期滿1 業主須自行選舉一人會同公斷局收回公地則例修正者辦理又該地則例即其經一千九百三十年政府何補置則按一千九百年收回公地今日起限一個月內將其收回至如一十四號地段現因舉辦公益須由

九號第六千二百號及第六千二百千一百四十二號第六千一百四十通告事照得丈量約份第一約第六

公

至

地

如

公斷局可代其選定一人爲其訂議

此布

1仟右

一千九百卅二年六月十日六仟二百一十四號地段業主四十九號第六仟二百號及第仟一百四十二號第六仟一百右通告丈量約份第一約第六

主第百

SUPREME COURT.

No.381..-It is hereby notified for general information that, pursuant to section5 of the Criminal Procedure Ordinance, 1899, His Honour the Chief Justice has ordered. that the next Criminal Sessions for the despatch of the business of the Court shall be hell on Monday, the 20th day of June, 1932, at 10 o'clock in the forenoon.

8th June, 1932.

E. P. H. LANG,

Registrar.

SUPREME COURT.

　　　No. 382. It is hereby notified that at the expiration of three months from the date hereof the CHINA ARTS, LIMITED, will, unless cause is shewn to the contrary, be struck off the register and the company will be dissolved.

6th June, 1932.

E. P. H. LANG,

Registrar of Companies.

SUPREME COURT.

　　　No. 383.-It is hereby notified that the name of The ASIA MIRRORS MANUFACTUR- ING COMPANY, LIMITED, has been struck off the Register.

曾

10th June, 1932.

E. P. H. LANG,

Registrar of Companies.

456

THE HONG KONG GOVERNMENT GAZETTE, JUNE 10, 1932

No. 384.

COMPARATIVE STATEMENT OF THE REVENUE AND EXPEN

Revenue from

Revenue

Estimates.

1st to

Heads of Revenue.

29th

1932.

February,

1932.

for same period of preceding

Actual Revenue to 29th February,

Revenue

for same

year.

1932.

period of preceding year.

Duties

€

$ C.

7,890,000

542,188.70

532,612.36

1,032,488.89

1,028,606.84

Port and Harbour Dues.....

793,000

65,861.52

61,827.47 128,747.47 123,895.72

Licences

　　　　　and Internal Revenue not otherwise specified

16,234,110

1,304,927.86 1,276,844.74 3,138,871.53 2,873,745.02

Fees of Court or Office

Payments for specific

purposes, and Reim-

bursements in Aid.........................

2,122,100

171,472.29

148,217.52 367,725.83 314,230.89

Post Office

2,340,000

152,934.97

152,725.46 317,894.20

322,742.22

Kowloon-Canton Railway....

1,100,000

109,700.76

100,024.50 229,577.28 197,309.63

Rent of Government Pro-

perty, Land and Houses...

1,407,300

42,359.74

27,380.48

231,656.71

197,985.11

Interest

150,000

13,330.31

26,553.45

20,417.54

70,414.87

Miscellaneous Receipts.

205,000

5,185.39

9,142.02

21,543.68

40,057.49

Total (exclusive of Land

Sales)

32,241,510

2,407,961,54 2,335,328.00 5,485,041.08 5,172,869.84

Land Sales (Premia on New

Leases)

1,750,000

19,122.79

121,107.07 235,067.17 345,520.47

TOTAL.........$ 33,991,510 2,427,084.33 2,456,435.07 5,720,108,25 5,518,390.31

8th June, 1932.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 10, 1932.

DITURE FOR THE PERIOD ENDED 29TH FEBUARY, 1932.

Estimates,

Heads of Expenditure.

1932.

Expenditure from 1st to 29th February, 1932.

457

TREASURY.

Expenditure for same period of preceding

year.

Actual Expenditure

to 29th February, 1932.

Expenditure for same period of preceding

year.

$ C.

H. E. the Governor

209,720

11,951.75

14,401.83

23,399.70

Cadet Service

755,321

43,113.46

53,671.95

86,855.53

30,529.23 102,260.97

Senior Clerical and Ac-

counting Staff

409,634

24,081.56

24,492.00

47.886.39

51,388.25

Junior Clerical Service

973,480

74,018.63

73,364.15

147,982.89

145,998.34

Colonial Secretary's Office

and Legislature

78,946

5,407.14

8,059.12

9,756.97

13,091.86

Secretariat

for

Chinese

Affairs

27,938

2,697.27

1,662.91

4,865.09

3,180.13

Treasury

115,580

27,914.51

7,984.04

32,627.99

16,438.93

Audit Department

97,054

5,166.36

6.357.62

12,225.80

14.140.40

District Office, North

26,867

2,052.31

1,732.45

4.218.48

3,423.16

Do., South

13,644

814.92

1,104.91

1,513.99

2,056.85

Communications :-

(a) Post Office.

448,592

24,018.73 Cr. 34,848.97

84,739.92

4,814.86

(b) Do. Wireless

Telegraph Service.

156,604

12,938.21

11,586.18

23,044.83

22,791.30

Imports and Exports

Office

802,437

17,429.30

44,364.23

35,324.29

68,252.46

Harbour Department

1,298,865

63,625.47

72,354.61

124,216.00

127,545.51

Do.

Air

Service

52,807

858.82

1,004.27

1,702.14

1,947.62

Royal Observatory

88.160

6,197.29

7,038.55

11,551.58

12,880.09

Fire Brigade..

363,965

18,542.72

16,992.11

33,414.04

31,619.37

Supreme Court..

209,300

9,697.75

16,289.16

24,077.15

43,336.84

Attorney General.

50,190

3,697.07

4,455.19

7,349.02

8,517.93

Crown Solicitor's Office ...

70,668

6,336.52

4,537.21

10,089.72

8,782.88

Official Receiver

24,641

1,482.47

1,761.21

2,920.95

4,049.20

Land Office

48,604

2,859.60

2,041.74

5,675.90

4,529.98

Magistracy, Hong Kong...

2,274

121.04

164.08

291.78

283.11

Do.. Kowloon

2,117

107.21

134.66

214.02

254.34

Police Force

3,075,359

200,338.73

256.685.47

379,543.31

$479,660.76

Prisons Department..

942,910

70,348.89

72.820.79

122.027.07

111,036.14

Medical Department

1,628,764

126,286.27

118,372.23

209,483.38

211,614,79

Sanitary Department

1,033,504

58,279.78

59,808.22

122,736.41

115,607.38

Botanical and Forestry

Department

129,070

11,031.79

12,744.54

17,038.55

20,219.34

Education Department

2,046,096

291,504.82

129,761.42

402,918.35

247,836.91

Kowloon-Canton Railway...

959,025

69,056.53

73,468.25

151,381.42

135,522.13

Defence:

(a) Volunteer

Defence

Corps....

132,949

5,712.35

6,148.50

10,482.69

11,036.45

(b) Military Contribu-

tion

6,366,567

487,032.08

388,128.25

974,064.16

776,256.50

Miscellaneous Services

1,452,481

105,598.11

156,829.27

181,599.65

462,840.60

Charitable Services..

175,762

4,856.23

2,988.20

6,909.77

8,323.85

Charge on Account of

Public Debt

1,973,307

Pensions

1,708,000

83,515.16

12.66 105,990.74

Cr.

Public Works Department.

2,335,114

159,937.06

165,187.67

201,086.08 309,068.32

12.66 258,632.89 317,782.51

Do.,

Recurrent......

1,521,800

53,919.70

45,571.80

83,090.25

74,655.39

31,808,116

Do., Extraordinary.

2,173,545

33,981,661

2,092,547.61 80,810.08

2,173,357.69

1,935,197.90 93,196.70

2,028,394.60

3,907,373.58 87,650.78

3,953,126.59

115,901.25

3,995,024.36

4,069,027.84

Expenditure from Surplus.

balances

TOTAL..

1,000,000

34,981,661 2,173,357.69

500,000.00

2,028,394.60 | 4,495,024.36

4,069,027.84

EDWIN TAYLOR,

Treasurer.

458

THE HONG KONG GOVERNMENT GAZETTE, JUNE 10, 1932.

TREASURY

No. 385-Financial Statement for the month of February, 1932.

REVENUE AND EXPENDITURE.

Excess of Assets over Liabilities on 31st January, 1932

Revenue from 1st to 29th February, 1932

Expenditure from 1st to 29th February, 1932.

$ 12,318,986.72

2,427,084.33

$14,746,071.05 2,173,357.69

Balance

$ 12,572,713.36

Assets and Liabilities on the 29t February, 1932.

LIABILITIES.

ASSETS.

Deposits :-

Advances :-

Contractors

Deposits

and Officers

303,951.25

Suitors Fund

580,632.17

On account of Future Loan... Purchase of three Locomo- tives for Chinese Section, Kowloon-Canton Railway.

Miscellaneous

3,544,444.16

447,468.26

76,484.67

Miscellaneous Deposits

1,346,282.15

Building Loans

1,047,924.31

Postal Agencies

1,824.17

Imprest Account

42,873.58

Suspense Account

932,385.81

Subsidiary Coins........

1,115,421.59

Trade Loan Reserve

1,063,890.25

House Service Account

4,030.37

Praya East Reclamation

139,886.61

Investments:-

Coal Account

7,227.79

Surplus Funds........

1,363,434.80

Trade Loan Outstanding

1,131,579.76

Exchange Adjustment

12,605.71

Total Liabilities

4,376,080.20

Unallocated Stores, (P.W.D.)......

547,086.53

Excess of Assets over Liabi-

lities

Unallocated Stores, (K.C.R.).....

152,981.70

12,572,713 36

Lorry Haulage Account

6,558.35

Cash:

Treasurer

1,996,021.19

Crown Agents

19.332.59

Joint Colonial Fund On Fixed Deposit

3,981,176.47

1,459,366.52

TOTAL....

16,948,793.56

TOTAL....$

16,948,793.56

* Joint Colonial Fund............

£282,000 Os. Od.

EDWIN TAYLor,

Treasurer.

8th June, 1932.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 10, 1932.

THE OFFICE OF THE REGISTRAR OF MARRIAGES

THE LAND OFFICE.

459

No. 386.-It is hereby notified for general information that the Roman Catholic

Chapel erected on Aberdeen Inland Lot No. 1, Aberdeen has been licensed by His

Excellency The Officer Administering the Government to be a place for the Celebration of marriages in pursuance of Section 3 of The Marriage Ordinance 1875.

10th June, 1932.

PHILIP JACKS,

Registrar of Marriages.

現經

婚姻註册官翟爲

佈告事照得鴨巴甸

第一號內地民所建

之羅馬天主禮拜堂

篇

護督發給牌照以爲

按照壹千八百七十

五年婚姻則例第三

節舉行結婚之地點

合行佈告俾衆週知

此佈

一千九百三十二年

六月十日

No. 387.-It is hereby

LAND REGISTRY OFFICE.

notified for general information that a Memorial of

Re-entry by the Crown on Kowloon Inland Lot No. 2790 has been registered according to law.

4th June, 1932.

PHILIP JACKS,

Land Officer.

462

THE HONG KONG GOVERNMENT GAZETTE, JUNE 17, 1932.

No. 1.

PROCLAMATION.

[L.S.]

W. T. SOUTHORN,

Officer Administering the Government.

By His Excellency WILFRID THOMAS SOUTHORN, Companion of the Most Distinguished Order of Saint Michael and Saint George, the Officer Administering the Government of the Colony of Hong Kong and its Dependencies:

Whereas by Proclamation No. 4 of the 27th day of September, 1931, the Hong Kong Police Reserve Force was called out for active service until further order:

And whereas I consider it unnecessary that the period of such service should continue after the date hereof:

Now, I, under the powers conferred upon me by section 11 of the Hong Kong Police Reserve Ordinance, 1927, as defined by section 39 of the Interpretation Ordinance, 1911, do hereby make this Proclamation ending the period of such service:

Given under my hand and the Public Seal of the Colony at Victoria, Hong Kong, this 17th day of June, 1932.

By Command,

E. R. HALLIFAX,

Colonial Secretary.

GOD SAVE THE KING.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 17, 1932.

EXECUTIVE COUNCIL.

No. 388.

His Excellency the Governor in Council has been pleased to direct under section 7 of the Public Health and Buildings Ordinance, 1903, Ordinance No. 1 of 1903, that the name of Mr. WONG CHEUR TONG be added to the List of Authorized Architects published in Government Notification No. 740 of the 27th November, 1931.

COUNCIL CHAMBER,

2nd June, 1932.

No. 389.

D. W. TRATMAN,

Clerk of Councils.

Hong Kong.

THE COMPANIES ORDINANCE, 1911.

With reference to the annual list in two parts containing the names of persons authorised by the Governor in Council to perform the duties required by the above mentioned Ordinance to be performed by an auditor, published as Government Notification No. 471 in the Gazette of the 24th July, 1931, the following further additions to part I of the said list are now published,-

Names added--

JENKS, SIR M. PERCIVAL, J. E.

PIDGEON, J. C.

GOODWYN ISITT, H. S.

COPP, A. E.

Messrs. MAURICE JENKS, PERCIVAL & ISITT.

COUNCIL CHAMBER,

9th June, 1932.

D. W. TRATMAN,

Clerk of Councils.

463

464

THE HONG KONG GOVERNMENT GAZETTE, JUNE 17, 1932.

No. 390.

Hong Kong.

ORDINANCE No. 1 of 1931. (NURSES REGISTRATION).

In exercise of the powers conferred by section 4 of the Nurses Registration Ordinance, 1931, the Governor in Council makes the undermentioned amendment of the regulations made under the aforesaid Ordinance and published as Govern- ment Notification No. 321 in the Gazette of 22nd May, 1951:-

Amendment.

In the third line of regulation 9 (1) delete the words "one year" and substitute therefor the words "two years".

COUNCIL CHAMBER,

15th June, 1932.

D. W. TRATMAN,

Clerk of Councils.

No. 391.

It is hereby notified, under section 6 of the Peace Preservation Ordinance, 1886, that Proclamation No. 3 of the 27th September, 1931, declaring the Colony subject to the provisions of sections 7 to 14 of the Peace Preservation Ordinance, 1886, is cancelled.

COUNCIL CHAMBER,

17th June, 1932.

D. W. TRATMAN,

Clerk of Councils.

APPOINTMENTS, &c.

No. 392.-His Excellency the Officer Administering the Government has been pleased to appoint Mr. CYRIL CHAMPKIN, J.P., to be a Member of the Sanitary Board during the absence on leave of Mr. FREDERICK CHARLES HALL, J.P., or until further notice, with effect from the 24th of May, 1932.

17th June, 1932.

}

THE HONG KONG GOVERNMENT GAZETTE, JUNE 17, 1932.

NOTICES.

No. 393.

Hong Kong.

Order made by His Excellency the Officer Administering the Government under section 12 (4) of Ordinance No. 2 of 1920, on the 17th day of June, 1932.

[L.S.]

W. T. SOUTHORN,

Officer Administering the Government.

By His Excellency WILFRID THOMAS SOUTHORN, Companion of the Most Distinguished Order of Saint Michael and Saint George, Officer Administering the Government of the Colony of Hong Kong and its Dependencies:

Whereas by Proclamation No. 5 of the 27th day of September, 1931, the Armoured Car Company of the Hong Kong Volunteer Defence Corps was called out for actual military service until further order :

And whereas I consider it unnecessary that the period of such service should continue after the date hereof:

Now, I, under the powers conferred upon me by section 12 of the Volunteer Ordinance, 1920, as defined by section 39 of the Interpretation Ordinance, 1911, do hereby make this Order ending the period of such service.

Given under my hand and the Public Seal of the Colony, at Victoria, Hong Kong, this 17th day of June, 1932.

By Command,

E. R. HALLIFAX,

Colonial Secretary.

465

COLONIAL SECRETARY'S DEPARTMENT.

No. 394.-It is hereby notified that the Convention between the United Kingdom and Austria respecting Legal Proceedings in Civil and Commercial matters which was signed at London on the 31st of March, 1931, has been extended to this Colony as from the 1st March, 1932.

A copy of the Convention may be seen on application at this Office.

Comentar uns lapsed

(after incorporaten I

E. R. HALLIFAX,

Colonial Secretary.

Bubree GN. 765/38. then on the Germen here

17th June, 1932.

466

THE HONG KONG GOVERNMENT GAZETTE, JUNE 17, 1932.

ROYAL OBSERVATORY.

No. 395.-Extract of Meteorological Observations made at the Royal Observatory, Hong Kong, during the month of May, 1932.

DATE.

BAROMETER AT M.S.L.

TEMPERATURE.

HUMIDITY.

Max.

Mean. Min.

Rel.

Abs.

CLOUDINESS.

SUNSHINE.

WIND.

RAIN.

Mean Mean

Dir.

Vel.

Miles

May

ins.

p. c.

ins.

p. c.

hrs.

ins.

Points.

p.h.

ດ

29.85

84.0

79.5

75.5

0.81

8.4

SSE

7.4

.83

80.6

78.4

75.9

.86

7.6

ESE

11.5

3,...

.83

86.4

81.0

76.3

.85

IO.I

SSE

8.1

.88

87.1

4,.

81.4

78.1

.85

10.5

7.3

5,.

.94

88.2

81.6

76.5

.86

10.7

...

SW by W

4.2

6,.

.96

87.2

81.2

77.1

.82

11.7

WSW

5.7

7,.

82.0

78.3

76.8

.82

7.5

E by S

15.6

.87

85.1

79.8

76.4

.84

7.5

7.1

.87

86.0

80.9

78.0

.87

4.6

S by W

5.6

10,.

.94

89.0

81.0 75.9

.89

7.3

0.345

SE by E

9.2

{1,.

.97

82.6

79.3 77.4

.86

10.5

E by S

14.9

{2.

.93

84.4

798 75.6

.85

10.6

ESE

5.1

.86

84.

80.1

13,.

77.0 84

.86

8.4

ESE

11.4

.8z

84.3

80.2 77.2

.86

8.4

E by S

7.4

14,.

.83 86.2

15..

81.4

77.8

.88

I 2.2

ESE

9.5

16,.

.87 85.1

.87

17,.

18,.

8,.......

81.6 79.9 83.3 80.0 77.9 85.6 81.6 79.1

in 00

.91

IO.!

0.045

19.0

.95

2.5

0.145

E by N

19.0

.92 78

6.7

E by S

18.8

.88

19.

86.3 81.9

79.6 85

.92 64

8.7

E by S

12.7

.8$

20,.

87.3

82.0 78.5 83

.89 50

10.3

...

SE by E

8.1

21,.

.85

82.9

80.8 78.5

.80

88.1

22,

80.4

77.7

23,..

.77

86.3

81.7

78.6

00 00 00

.88

0.4

Ο.ΟΙΟ

5.9

.92

1.9

1.200

SW by W

8.8

.91

4.3

0.020

5.3

24,-

.69

86.5 83.2 81.0

.90

4.3

0.040

SW by S

20.5

25...

88.0

84.0 81.8

.95

6.4

0005

SW by S

16.0

26,.

87.4 84.2 82.5

.95

I.2

SW by S

13.9

27,.

.72

89.0

84.3 82.0

.93

8.2

SSW

13.8

28,.

8,.......

.79

89.3

84.5 82.1

.94

7:0

SW by S

8.8

29,.

30,.

31,.

.87 87.3 80.3 76.0 88 .89 82.0 78.0 75.1 90 .88 86.9 80.7 77.0 85

.91

5.8

0.050

E by N

12.4

.86 97

4 I

0.650

13.0

.89

7.6

5.7

Mean,... 29.85 85.8

81.1

78.0

0.88

68 225.5

2.510

10.7

MEANS AND EXTREMES FOR MAY:-

Minimum,

Maximum,.... 29.92 85.8

　　　　　　　　　　　　　　　　　　　　　81.1 78.0 90 Normals,

29.85 81.6 77.1 73.8 84 29.79 78.6 73-4 70.9 77

0.88 89 261.3

48.840 0.78 76

156.4 11.645

0.71 54

82.5 1.150

16.0

E by S

12.4

9.4

　　　　The rainfall for the month of May at the Botanical Gardens was 2ns. •22 on 8 days, at the Matilda Hospital, Mount Kellett, it was Oins. 95 on 9 days, at Fanling, 2ins. 30 on 5 days, and at the Police Station, Taipo, 3ins. 81 on 10 days.

The lowest reading of the barometer (M.S.L.) was 29ins. 631 at 16h.15m. on the 24th. The maximum squall velocity as recorded by the Dines-Baxendell anemograph, was at the rate of 51 miles per hour at 14h. 29m. on the 24th.

The mean temperature for the month, 81·1°, is the highest recorded in May. It is 40° greater than the normal and 1.5° above the previous record for the month, 79.6° in 1924.

C. W. JEFFRIES, Director.

15th June, 1932.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 17, 1932.

467

MEDICAL DEPARTMENT.

　　　No. 396.--The following addition to the Register of Medical Practitioners entitled to practise Medicine in this Colony, published in Government Notification No. 282 of the 4th May, 1932, pursuant to the Medical Registration Ordinance, 1884, is published for general information :-

NAME.

PERSON QUALIFIED TO PRACTISE MEDICINE.

ADDRESS.

QUALIFICATION,

DATE OF QUALIFICATION.

Kho Han Po

St. John's Hall, University.

許漢波

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

21st May, 1932.

16th June, 1932.

A. R. WELLINGTON,

Director of Medical & Sanitary Services.

SUPREME COURT.

　　　No. 397.-It is hereby notified that the INTERNATIONAL TRADING COMPANY, (1) having lodged a statement of particulars pursuant to Section 8 of the Chinese Partnerships Ordinance, 1911, is this day registered as a Chinese partnership with the following registered partners :-

(1) Leung Chi Yin (梁子然)又名 alias Leung Shiu Hung (梁紹鴻)

(2) Chan Sau Fong (5F55))

(3) Kan Chee Nam(簡熾南)又名 alias Kan Kwok Kwong (簡國光) (4) Au Yau Man ()

(5) Kan Chee Hing (D)

(6) Chang Leung Kwan (4)

(7) Tong Bing Hang ( 唐炳衡) (8) Leung Shi Yeung ()

E. P. H. LANG, Registrar of Companies.

15th June, 1932.

DISTRICT OFFICE, TAI PO.

No. 398.-It is hereby notified for general information that Cancellation of Memo- rial of Re-entry has been approved by order of the Governor in Council as to the follow- ing lots in the Northern District of the New Territories :-

D.D. 116 Lots Nos. 744 B, 745, 746, 747 and 752, D.D. 120, Lots Nos. 1633

and 1646 and D.D. 129 Lots Nos. 80, 391, 405, 416, 418, 452, 461,

473, 471, 513 and 539.

Mong Tseng Wai House No. 52.

Shek Kong Tsun Houses Nos. 18, 19 and 33.

15th June, 1932.

E. H. WILLIAMS,

District Officer, North.

468

THE HONG KONG GOVERNMENT GAZETTE, JUNE 17, 1932.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　　No. 399.-It is hereby notified that the registration of the following trade marks has expired and that they will be removed from the Register of Trade Marks on the 18th July, 1932, unless the prescribed fees for renewal of registration are paid before that date:

Number of Trade Marks.

Names and Addresses of Proprietors.

Date of Expiration of Registration.

File

Nos.

No. 121 of 1918.

No. 79 of 1919.

J. Lyons and Company, Limited, Cadby Hall, Kensington, London, W. England.

Harper and Company, Limited, 31, Queen's Road Central, Hong Kong,

6th June, 1932.

58 of 1932.

4th June, 1932.

57 of 1932...

Nos. 56 and 57 of 1904.

Bradford Dyers Association Limited, 39, Well Street, Bradford, Yorkshire, England.

10th June, 1932.

60 of 1932.

15th June, 1932.

E. L. AGASSIZ,

Registrar of Trade Marks

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 400.-It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909:-

Number of Marks.

Date of Registration.

Names and Addresses of Owners.

Period of Renewal.

Classes in which renewed.

File Nos..

No. 116 of 1918.

4th June,

1918.

The Chan Li Chai Firm, of 29, Connaught Road West, Hong Kong.

4th June,

1946.

Nos. 420 and 421 of 1919.

17th June,

1918.

No. 54 of

1904.

10th June, 1904.

15th June, 1932.

The Firth Company, Limited, of Florence Mills, Egerton Street, Warrington in the County of

Lancaster, England.

Wong (heung Wah, 220, Queen's Road Central, Hong Kong.

of 1932..

17th June,

5 and 13

1946.

respectively. of 1932

10th June, 1946.

59 of 1932..

E. L. AGASSIZ,

Registrar of Trade Marks..

470

THE HONG KONG GOVERNMENT GAZETTE, JUNE 24, 1932.

EXECUTIVE COUNCIL.

No. 401.

Hong Kong.

ORDINANCE No. 40 of 1912 (VEHICLES AND TRAFFIC

REGULATION).

In exercise of the powers conferred by section 3 of the Vehicles and Traffic Regulation Ordinance, 1912, the Governor in Council rescinds the regulation made under the aforesaid Ordinance and published as Government Notification No. 689. in the Gazette of the 25th November, 1927, and makes the following regulation in substitution therefor:-

Notwithstanding the provisions of the Public Motor Vehicle Services regulations made by the Governor in Council under the Vehicles and Traffic Regulation Ordinance, 1912, and set forth on pages 655 to 665 of the Regulations of Hong Kong, 1844 to 1925, the grant of rights and the issue of licences, exclusive or otherwise, to maintain public motor omnibus services may be made. either with or without calling for tenders and such rights may be granted or licences issued for such periods, at such fees, royalties or other consideration, and upon such terms and conditions as the Governor in Council shall think fit.

D. W. TRATMAN,

Clerk of Councils.

COUNCIL CHAMBER,

22nd June, 1932.

NOTE. The rescinded regulation referred only to the grant of rights and issue of licences without calling for tenders. The new regulation is made because it is desirable to call for tenders and to have full powers as to the prescribing of terms and conditions in the case of extensive services.

No. 402.

It is hereby notified that His Excellency the Governor in Council has under section 7 of the Holidays Ordinance, 1912, Ordinance No. 5 of 1912, appointed Saturday, the 2nd day of July, 1952, to be observed as a general holiday.

COUNCIL CHAMBER,

23rd June, 1932.

D. W. TRATMAN,

Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 24, 1932.

No. 403.

Hong Kong.

ORDINANCE No. 36 of 1931 (LIQUORS).

471

In exercise of the powers conferred by Section 88 (8) of the Liquors Ordinance, 1931, the Governor in Council makes the following regulations :----

1. Where, in the case of any educational, scientific or charitable institution, it shall be proved to the satisfaction of the Governor that the use of alcohol is required and that the use of methylated spirits or denatured alcohol is unsuitable or detrimental, the Governor may, if he thinks fit, authorise that institution to receive alcohol without payment of duty for use in the institution.

2. The authority granted under the preceding regulation shall be subject to compliance with these regulations and may at any time be withdrawn without cause stated.

3. The application for any such authority must be made by the governing body of the institution or their representa- tives and must state the purpose or purposes to which the alcohol is to be applied, the bulk quantity likely to be required in the course of a year and the name or names of one or more sureties who are prepared to join in a bond, if required, that the alcohol will be used solely for the purpose or purposes specified and within the institution.

4. The alcohol must be received in sealed vessels either from a distillery or from a general bonded warehouse and (except with special permission) in quantities of not less than eight bulk gallons at a time. It will be obtainable only on a requisition signed by the Superintendent of Imports and Exports.

5. On the arrival of the alcohol at the institution the Superintendent of Imports and Exports must be informed and the vessels containing it must not (except with his written. consent) be opened until a revenue officer has taken an account of the contents.

6. The stock of alcohol in each institution must be kept under lock in a special compartment under the control of a responsible officer of the institution.

7. A stock book, showing, with particulars of dates, all quantities received and the purposes for which the alcohol has been used, shall be kept by each institution and this book and the stock on hand shall at all reasonable times be open to inspection by the Superintendent of Imports and Exports or by any European revenue officer authorised in writing by

him.

8. The quantity of alcohol in stock at any one time must not exceed half the estimated quantity required in a year where that quantity amounts to twenty gallons or upwards.

472

THE HONG KONG GOVERNMENT GAZETTE, JUNE 24, 1932.

9. If so required by the Governor, the institution shall, to the satisfaction of the Superintendent of Imports and Exports, render unpotable before and during use all or such part as may be required of alcohol received by virtue of an authority granted under these regulations.

10. If the Governor shall in his absolute discretion think fit he may grant his authority subject to a condition that the institution shall give security to his satisfaction that the alcohol shall be used for specified purposes and for no other purposes and that the institution shall comply with these regulations.

COUNCIL CHAMBER,

22nd June, 1932.

D. W. TRATMAN,

Clerk of Councils.

No. 404.

ORDINANCE No. 11 of 1926. (WIRELESS TELEGRAPHY).

In exercise of the powers conferred by regulation 9 of the regulations made by the Governor in Council under the Wireless Telegraphy Ordinance, 1926, and published as Government Notification No. 375 in the Gazette of 26th July, 1929, the licensing authority under the above regulations makes the undermentioned variation in the form of Broadcast Receiving Licence set forth as Form No. 3 in the Schedule to the said regulations :-

Variation.

After Note 3 in the said Form No. 3 insert the following additional note:--

4. This licence does not authorize the licensee to do any act which is an infringement of any copyright which may exist in the matter transmitted.'

M. J. BREEN, Postmaster General, Licensing Authority.

GENERAL POST OFFICE,

Hong Kong,

24th June, 1932.

472

THE HONG KONG GOVERNMENT GAZETTE, JUNE 24, 1932.

COUNCIL CHAMBER,

22nd June, 1932.

D. W. TRATMAN,

Clerk of Councils.

No. 404.

ORDINANCE No. 11 of 1926. (WIRELESS TELEGRAPHY).

Variation.

After Note 3 in the said Form No. 3 insert the following additional note:--

4. This licence does not authorize the licensee to do any act which is an infringement of any copyright which may exist in the matter transmitted.'

M. J. BREEN, Postmaster General, Licensing Authority.

GENERAL POST OFFICE,

Hong Kong,

24th June, 1932.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 24, 1932.

No. 405.

Hong Kong.

ORDINANCE No. 1 of 1903. (PUBLIC HEALTH AND

BUILDINGS).

SCHEDULE B.

The Governor in Council hereby declares that an occasion exists, in those districts of the Colony to which Part II of the Public Health and Buildings Ordinance, 1903, applies, which, for the prevention of cholera, necessitates the coming into force of By-laws Nos. 9 (6) and 9 (c) of the By-laws for the prevention and mitigation of epidemic, endemic, contagious or infectious disease made under the above-mentioned: Ordinance.

COUNCIL CHAMBER,

23rd June, 1932.

D. W. TRATMAN,

Clerk of Councils.

473

Notice.

The effect of the above mentioned declaration is that, as from the date of the publication thereof and until further order, the following by-laws are in force:

9 (6). No person shall sell or offer for sale any fresh fruit unless the same is whole, that is to say, uncut and unpeeled.

9 (c). No person shall sell or offer for sale ice-cream,

or any frozen or chilled preparation commonly known as 'ice cream' unless the seller holds a permit in writing in that behalf signed by the Head of the Sanitary

Department and by the Medical Officer of Health.

後頒

布告事照得

布政司夏

俾行例

後俾衆週知此布頒行至將來取消則另行布告茲特將該两欸章程開列於

則例所立之防範流行傳染施行之本港各約現在情形爲防免霍亂起見應將按照該衛民生及建造屋宇則例B字附表宣布該則例第二章所督憲會同議政局按照一千九百零三年第一條則例卽保一程第九條(乙)(丙)兩欺

計

開

外無論何人不得售賣第九條(甲)欸凡生果除係完全整個並未切開或去皮者

此有

有清淨局總辦衛生醫官署名准照者則不在稱爲冰琪淋者無論何人均不得售賣至如領

(乙)凡冰淇淋(俗稱雪膏)或凡冰品或凉品普通

一千九百三十二年六月廿四日

爲

474

GOV

THE HONG KONG GOVERNMENT GAZETTE, JUNE 24, 1932.

LEGISLATIVE COUNCIL.

No. 406.

LEGISLATIVE COUNCIL, No. 8.

Thursday, 9th June, 1932, at 2.30 p.m.

PRESENT:

HIS EXCELLENCY THE OFFICER ADMINISTERING THE GOVERNMENT (Hon. Mr. WILFRID THOMAS SOUTHORN, C.M.G.).

His Excellency the General Officer Commanding the Troops, (Major-General JAMES

WALTER SANDILANDS, C.B., C.M.G., D.S.O.).

The Honourable the Colonial Secretary, (Mr. EDWIN RICHARD HALLIFAX, C.M.G., C.B.E.). the Attorney General, (Mr. CHALONER GRENVILLE ALABASTER, K.C.,

O.B.E.).

the Secretary for Chinese Affairs, (Mr. ALAN EUSTACE WOOD).

the Colonial Treasurer, (Mr. EDWIN TAYLOR).

Mr. HAROLD THOMAS CREASY, C.B.E., (Director of Public Works). Commander GEORGE FRANCIS HOLE, R.N. (Retired), (Harbour Master). Dr. ARTHUR ROBARTES WELLINGTON, (Director of Medical and Sanitary

Services).

Mr. THOMAS HENRY KING, (Acting Inspector General of Police).

Mr. WILLIAM EDWARD LEONARD SHENTON.

Mr. ROBERT HORMUS KOTEWALL, C.M.G., LL.D.

Mr. JOSÉ PEDRO BRAGA.

Mr. Ts'o SEEN-WAN, O.B.E., LL.D.

Mr. JOHN JOHNSTONE PATERSON.

Mr. CHAU TSUN-NIN.

Mr. WILLIAM HENRY BELL.

Mr. ROLAND ARTHUR CHARLES NORTH, (Deputy Clerk of Councils).

ABSENT:

The Honourable Sir HENRY EDWARD POLLOCK, Kt., K.C.

1. The Council met pursuant to adjournment. His Excellency the Officer Adminis-

tering the Government occupied the Chair.

MINUTES.

2. The Minutes of the Meeting held on the 26th May, 1932, were confirmed.

PAPERS.

3. The following papers were laid on the table:-

Order under section 3A of the Public Revenue Protection Ordinance, 1927, authorising the Superintendent of Imports and Exports to refuse to allow the delivery of dutiable liquors and dutiable tobacco for local use, etc.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 24, 1932.

475

Rescission of the Order made by the Governor in Council under the Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, dated 20th May, 1932

Order made by the Governor in Council under section 210 of the Public Health and Buildings Ordinance, 1903, Ordinance No. 1 of 1903, dated 28th May, 1932.

Regulations made by the Governor in Council under section 3 of the Post

Office Ordinance, 1926, Ordinance No. 7 of 1926, dated 28th May, 1932. Rescission of the Order made by the Governor in Council under the Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, dated 2nd June, 1932.

Order made by His Excellency the Officer Administering the Government under section 2 of the Public Revenue Protection Ordinance, 1927, Ordin- ance No. 9 of 1927, dated 2nd June, 1932.

Notification under Regulation No. 11 of the Regulations made under the pro-

visions of the Dangerous Drugs Ordinance, 1923-1928.

Administrative Reports, 1931:-

Part I.-General Administration :-

Report on the Finances.

Report of the Superintendent of Imports and Exports.

Part II.-Law and Order :-

Report of the Land Officer.

Report on the New Territories.

Report of the Superintendent of Prisons.

QUESTION.

4. The Hon. Mr. W. E. L. SHENTON, pursuant to notice, asked the following

question :-

On behalf of the Unofficial Members of this Council, I desire to know whether the Government has since the 27th May last received any reply from the Home Authorities, in reference to the commencement of the second section of the Shing Mun Water Scheme?

The Colonial Secretary replied as follows:-

A telegram has been received this morning in which the Secretary of State states that he hopes to let us have a reply very shortly regarding the Shing Mun Scheme.

MOTIONS.

5. City Hall Resumption Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance for the resump- tion of the City Hall property.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

6. Liquors Amendment Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to amend the Liquors Ordinance, 1931."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

476

THE HONG KONG GOVERNMENTGAZETTE,JUNE 24, 1932.

7. Registration of United Kingdom Patents Amendment Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to amend the law relating to the Registration of United Kingdom Patents." The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

8. Pensions Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to consolidate and amend the law regulating the granting of Pensions, Gratuities and other Allowances in respect of public service.

Compulsory Retirement.

The Colonial Secretary seconded.

Hon. Mr. J. P. BRAGA and Hon. Mr. R.H. KOTEWALL, C.M.G. LL.D. addressed the

Council. The Attorney General replied.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

Clause 2 (d) the words "High Commissioner for Transport in Kenya and Uganda", were deleted and the words "Board of Education for England and Wales, or the Crown Agents for the Colonies, or the Colonial Audit. Department (Home Establishment), or the Kenya and Uganda Railways. and Harbour Administration". were substituted therefore.

Clause 10 was deleted and the following new clause was substituted.

10.-(1) It shall be lawful for the Governor in Council to require any officer other than a judge, whenever appointed, to retire from the public- service of this Colony who:--

(a) appears to the Governor to be unable to discharge efficiently

the duties of his office; or

(b) being a woman who has entered the public service after the

commencement of this Ordinance is married.

The normal age of retirement for any public officer, other than a judge, shall be deemed to have been attained if he or she-

(a) has attained the age of fifty-five years, or

(b) being an Indian subordinate officer of the Prison Department, lady medical officer, lady serving in the Education Department, or a European attendent at a Government mental hospital, or a matron, nursing sister or nurse in a Government hospital, has attained the age of fifty years.

and any such officer, who shall have attained the normal age of retirement, shall retire from the public service of the Colony unless the Governor in Council decides that his or her services shall be retained. In no case, how- ever, except with the approval of the Secretary of State, shall the services of any such officer be retained for more than five years after he or she has. attained the normal age of retirement.

At the end of Clause 16 the following words were added:---

"Such gratuity, if granted to the legal personal representative, shall

form part of the estate of the officer for purposes of distribution under

THE HONG KONG GOVERNMENT GAZETTE, JUNE 24, 1932.

477

any testamentary disposition made by him or under an intestacy, as the case may be; but, nevertheless, no estate duty shall be payable in respect thereof, and its addition to the principal value of the estate shall not be taken into consideration for the purpose of increasing the rate at which estate duty on the remainder of the estate may be payable."

In the marginal note of Clause 17 the words "or after" were deleted.

On Council resuming, the Attorney General reported that the Bill had passed through Committee with material amendment and that in accordance with Standing Order No. 28 the third reading should be postponed to a subsequent meeting of the Council.

9. Vagrancy Amendment Bill.-The Attorney General moved the Second reading of

the Bill intituled "An Ordinance to amend the law relating to Vagrancy.' The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question put and agreed to.

Bill read a third time and passed.

ADJOURNMENT.

10. The Council then adjourned until Thursday, the 16th day of June, 1932, at

2.30 p.m.

onfirmed this 23rd day of June, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

W. T. SOUTHORN, Officer Administering the Government.

No. 407.-His Excellency the Officer Administering the Government has given his assent, in the name and on behalf of His Majesty the KING, to the following Ordi- nances passed by the Legislative ouncil ::

Ordinance No. 20 of 1932.-An Ordinance to amend the Liquors Ordinance,

1931.

Ordinance No. 21 of 1932.-An Ordinance to consolidate and amend the law regulating the granting of Pensions, Gratuities and other Allowances in respect of public service. Ordinance No. 22 of 1932.-An Ordinance for the resumption of the City Hall

property.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 24, 1932.

477

In the marginal note of Clause 17 the words "or after" were deleted.

9. Vagrancy Amendment Bill.-The Attorney General moved the Second reading of

the Bill intituled "An Ordinance to amend the law relating to Vagrancy.' The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question put and agreed to.

Bill read a third time and passed.

ADJOURNMENT.

10. The Council then adjourned until Thursday, the 16th day of June, 1932, at

2.30 p.m.

onfirmed this 23rd day of June, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

W. T. SOUTHORN, Officer Administering the Government.

Ordinance No. 20 of 1932.-An Ordinance to amend the Liquors Ordinance,

1931.

property.

478

THE HONG KONG GOVERNMENT GAZETTE, JUNE 24, 1932.

HONG KONG.

L.S.

No. 20 of 1932.

I assent.

W. T. SOUTHORN,

Officer Administering the Government.

Short title.

Amend- ment of Ordinance

No. 36 of 1931.

24th June, 1932.

An Ordinance to amend the Liquors Ordinance, 1931.

[24th June, 1932.]

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Liquors Amend- ment Ordinance, 1932.

2. The Liquors Ordinance, 1931, is amended-

(a) by the substitution of the word "alcoholic" for the word "intoxicating" in the title, section 2 (9), section 2 (10), the heading to section 41, section 55 (2), section 58 (1), section 88 (1), section 88 (2) and section 88 (5).

(b) by the substitution of the word "dutiable" for "intoxicating" wherever it occurs in section 77, section 84 and section 88 (3).

(d) by the substitution of the words "not liable to duty under this Ordinance" for the words "unfit for use as a beverage" in section 2 (8).

(e) by the insertion of the words "and such other conditions as the Superintendent may impose" before the full stop at the end of sections 43 (1), 43 (2), 43 (3) first paragraph 44 (1), 46 (1) and 56 (1).

(f) by the substitution of the following paragraph for section 2 (27):-

(27) "Spirituous liquors" means liquors containing more than two per cent of proof spirit, but shall not include denatured spirits.

(g) by the substitution of the words "goods or" for the words "goods of" in section SS (8).

Passed the Legislative Council of Hong Kong, this 23rd day of June, 1932.

R. A. C. NORTH.

Deputy Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 24, 1932.

479

HONG KONG.

No. 21 OF 1932.

I assent.

W. T. SOUTHORN,

L.S.

Officer Administering the Government.

24th June, 1932.

An Ordinance to consolidate and amend the law regulating the granting of Pensions. Gratuities and other Allowances in respect of public service.

[24th June, 1932.]

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Pensions Ordin- Short title. ance, 1932.

2. In this Ordinance, unless the context otherwise Interpreta- requires,

(a) "Officer" includes a judge of the Supreme Court.

(b) "Pensionable office" means-

(i) in respect of service in this Colony, an office which has been declared by Government notification in the Gazette to be pensionable and has not been declared by subsequent notification in the Gazette to be nonpensionable;

Provided that any office may be declared to be pension- able only to the holder indicated in the notification relating to such office.

(ii) in respect of other public service, an office which is & pensionable office under the law or regulations in force relating to such service.

(i) in respect of service in this Colony the salary attached to a pensionable office together with any personal allowance equivalent to salary which may have been granted to the holder of such office. In the case of every officer holding pensionable office and serving in this Colony on or after the 17th day of September, 1928, if he is either in a class eligible for Government quarters or rent allowance, or entitled to free quarters, but not otherwise, there shall be added an allowance to be reckoned as equal to one-sixth of the salary of the officer, or to £200 a year, in the case of a sterling salary, or to $2,000 a year, in the case of a dollar salary, whichever sum is less: Provided that in the case of a European matron of or European nursing sister in a Govem- ment hospital, who is entitled to free quarters, the allowance shall be reckoned as equal to one-sixth of her salary or to £50 a year, whichever sum is greater.

tion.

480

THE HONG KONG GOVERNMENT GAZETTE, JUNE 24, 1932.

Regula- tions.

Pensions, etc., to be charged on revenue and assets of

the

Colony.

Pensions,

etc. not

of right.

Certificate

of conduct.

Withholding

(ii) in respect of other public service, emoluments which count for pension in accordance with the law or regulations in force in such service.

(d) "Public service" means service in a civil capacity under the Government of this Colony or the Government of Great Britain and Northern Ireland, or the Government of India or of any British Dominion, Colony or Protectorate or a territory under a British Mandate, or under the Board of Education for England and Wales, or the Crown Agents for the Colonies, or the Colonial Audit Department (Home Establishment), or the Kenya and Uganda Railways and Harbour Administration, and any such other service as the Secretary of State may determine to be "public service" for the purpose of any provision of this Ordinance or of the regulations made thereunder.

Service as a Governor or High Commissioner of a British Dominion, Colony or Protectorate, or a territory under a British Mandate, or as a Governor in India shall be deemed to be public service except for the purposes of computation of pension or gratuity and of section 11 of this Ordinance;

(e) "Other public service" means public service not. under the Government of this Colony.

3.--(1) It shall be lawful for the Governor in Council with the sanction of the Secretary of State to make regulations for the granting of pensions, gratuities and other allowances. to persons who have been in the public service of this Colony

(2) Every such regulation shall be laid before the Legislative Council and shall be published in the Gazette.

4. There shall be charged on and paid out of the General revenue and assets of the Colony all such sums of money as may from time to time be granted by way of pension, gratuity or other allowance under this Ordinance.

5.-(1) No officer shall have an absolute right to com- pensation for past services or to any pension, gratuity or other allowance under this Ordinance, nor shall anything in this Ordinance contained limit the right of the Crown or the Government to dismiss any officer without compensation.

(2) No officer shall be granted a pension, gratuity or other allowance without a certificate to the effect that he has discharged the duties of his office with such diligence and fidelity as to justify the grant to him of such pension, gratuity or other allowance. The certificate shall be given by the Governor in the case of the Colonial Secretary or a judge, by the Colonial Secretary in the case of any other head of a department, and by the head of the officer's department in other cases.

(3) Where it is established to the satisfaction of the or reduction Governor in Council that an officer has been guilty of negligence, irregularity or misconduct, the pension, gratuity or other allowance may be reduced or altogether withheld.

of pension, etc.

Service not Qualifying for pension, etc.

6. No pension, gratuity or other allowance shall be granted under this Ordinance to any officer-

(a) in respect of any service in any of the following capacities, namely, Private Secretary or Aide-de-Camp to the Governor, Private Secretary or clerk to a judge, unless in the permanent public service of this Colony, apprentice in a public department, volunteer, normal student, student in training or pupil teacher, or

THE HONG KONG GOVERNMENT GAZETTE, JUNE 24, 1932.

(b) in respect of any service while on probation or agreement, unless without break of service he is confirmed in a pensionable office in this Colony or in an office in other public service which is at the time of confirmation pensionable under the law or regulations in force relating to such service, or

(c) if he held a pensionable office in the service on the 1st day of January, 1894, in respect of any service while under the age of sixteen years, or

(d) if he did not hold such pensionable office on the 1st day of January, 1894, in respect of any service while under the age of eighteen years.

sion, etc., to members

Police

7. Except as expressly provided in the Police Force No pen- Ordinance, 1900, as amended by the Police Force Amendment Ordinances, 1929 and 1930 and by section 21 of this of the Ordinance, no pension, gratuity or other allowance shall be Force, etc., granted under this Ordinance to any member of the Police under this Force or member of the civilian staff referred to in the said Ordinance. Ordinance.

8. No pension, gratuity or other allowance shall be Cases in granted under this Ordinance to any officer who has retired which from the public service of this Colony, other than a Governor, unless he has retired-

(a) on or after attaining the age of fifty-five years, or in the case of transfer to other public service, on

or after attaining the age at which an officer is permitted by the law or regulations in force relating to the service in which he is 'ast employed to retire on pension, gratuity or other allowance; or

(b) with the consent of the Governor on or after attaining the age of fifty years; or

(c) on or after attaining the age of fifty years, with not less than fifteen years service in this Colony, if he be an Indian subordinate officer of the Prison Department, lady medical officer, lady serving in the Education Department, European attendant at a Government mental hospital, or nurse (other than a European matron or European nursing sister referred to in paragraph (d) of this section) in a Government Hospital; or

(d) on attaining the age of fifty years, if she be a European matron or European nursing sister, of a Govern- ment Hospital, who has been in the service of this Colony for a period of ten years, or, on attaining any less age if she has been in such service for a period of twenty years; or

(e) on a certificate from the head of his department and from three Government medical officers that he is incapable, by reason of some infirmity of mind or body, of discharging the duties of his office and that such infirmity is likely to be permanent:

Provided that in the case of an officer retiring while on leave of absence, a certificate from any medical practioner authorised by the Secretary of State to make the examination shall be sufficient proof of incapacity for further service; or

(f) on abolition of his office; or

(g) upon his removal on the ground of inefficiency as provided in section 9.

etc., may

pension,

be granted.

481

482

THE HONG KONG GOVERNMENT GAZETTE, JUNE 24, 1932.

Retirement for ineffi- ciency.

Compulsory retirement,

Maximum pension from all public

sources.

9. Where an officer is removed from his office on the ground of his inability to discharge efficiently the duties thereof, and a pension, gratuity, or other allowance, cannot otherwise be granted to him under this Ordinance, the Governor in Council with the approval of the Secretary of State, may, if he considers it justifiable having regard to all the circustances of the case, grant such a pension, gratuity or other allowance as he thinks just and proper, but in no case exceeding in amount that for which the officer would be eligible if he were suffering from some infirmity of mind or body likely to be permanent.

10. (1) It shall be lawful for the Governor in Council to require any officer other than a judge, whenever appointed, to retire from the public service of this Colony who-

(a) appears to the Governor to be unable to discharge. efficiently the duties of his office; or

(b) being a woman who has entered the public service. after the commencement of this Ordinance is married.

(2) The normal age of retirement for any public officer, other than a judge, shall be deemed to have been attained if he or she-

(a) has attained the age of fifty-five years, or

(b) being an Indian subordinate officer of the Prison Department, lady medical officer, lady serving in the Education Department, or a European attendant at a Government mental hospital, or a matron, nursing sister or nurse in a Government hospital, has attained the age of fifty years;

and any such officer, who shall have attained the normal age of retirement, shall retire from the public service of the Colony unless the Governor in Council decides that his or her services shall be retained. In no case, however, except with the approval of the Secretary of State, shall the services of any

such officer be retained for more than five years after he or she has attained the normal age of retirement.

11. (1) A pension granted to an officer under this Ordinance shall not exceed two-thirds of the highest pension- able emoluments drawn by him at any time in the course of his service in this Colony.

(2) Where the officer has been or is granted a pension or pensions in respect of other public service, he may be granted the full pension for which he is eligible in respect of his service in this Colony, but no person may at any time draw from the funds of this Colony an amount of pension which, when added to the amount of any pension or pensions drawn in respect of other public service, exceeds two-thirds of the highest pensionable emoluments drawn by such person at any time in the course of his service in this Colony or in other public service.

Provided further that where such a person receives, in respect of some period of public service, both a gratuity and a pension the amount of such pension shall be deemed, for the purpose of this sub-section, to be four-thirds of its actual amount.

(3) In a case falling under any of the limitations laid down by sub-section (2), the amount of pension to be drawn from the funds of this Colony shall be subject to the approval of the Secretary of State, in order that it may be determined with due regard to the amount of any pension or pensions similarly to be drawn in respect of other public service.

事

こ

THE HONG KONG GOVERNMENT GAZETTE, JUNE 24, 1932.

483

(4) For the purposes of the preceding sub-sections, au allowance granted in respect of injury shall not be taken into account; but where the officer is granted such an allowance the amount of such allowance which he may draw shall not exceed one-sixth of his highest pensionable emoluments at any time in the course of his public service by more than the sum by which the amount of his pension or pensions, apart from such allowance, falls short of two-thirds of such highest pensionable emoluments.

to be

12. No pension, gratuity or other allowance granted Pension under this Ordinance shall be assignable or transferable or etc., not liable to be attached, sequestered or levied upon for or in assignable. respect of any debt or claim whatsoever other than a debt due to the Government.

13. If any officer to whom a pension or other allowance Pension has been granted under this Ordinance is adjudicated a etc., to bankrupt or is declared insolvent by judgment of the Court, bankruptcy. then such pension or allowance shall forthwith cease:

Provided always that in any case where a pension or allowance ceases by reason of the bankruptcy or insolvency of the pensioner it shall be lawful for the Secretary of State, or where such adjudication of bankruptcy or declaration of insolvency was made in this Colony, the Governor in Council, from time to time during the remainder of such pensioner's life, or during such shorter period or periods, either continuous or discontinuous, as he shall think fit, to cause all or any part of the monies to which such pensioner would have been entitled by way of pension or allowance, had he not become a bankrupt or insolvent, to be paid to, or applied for the main- tenance and personal support or benefit of all or any, to the exclusion of the other or others of the following persons, namely, such pensioner and any wife, child or children of his, in such proportions and manner as the Secretary of State or the Governor in Council, as the case may be, thinks proper; and such monies shall be paid or applied accordingly.

cease on

14. (1) If any person to whom a pension or other Pension allowance has been granted under this Ordinance is convicted etc., to before any Court of competent jurisdiction whether in the conviction. Colony or elsewhere, of any crime or offence for which he is sentenced to death or penal servitude or transportation or any term of imprisonment, it shall be lawful for the Secretary of State or, if such conviction is had in this Colony, the Governor in Council to direct that such pension or allowance shall forthwith cease, and thereupon such pension or allowance shall cease accordingly.

(2) If any person whose pension or allowance has 'ceased under the provisions of sub-section (1) shall at any time receive a full pardon in respect of the crime or offence of which he was convicted, his pension or allowance shall be restored with retrospective effect.

(3) Where any pension or allowance has ceased under the provisions of sub-section (1) it shall be lawful for the Secretary of State or, if the conviction of the pensioner was had in this Colony, the Governor in Council to cause all or any part of the monies which would have been payable to the pensioner by way of pension or allowance to be paid to or applied for the maintenance and personal support or benefit of any wife, child or children of the pensioner and, after the expiration of his sentence, for the benefit of the pensioner himself, in such proportions and manner as the Secretary of State or the Governor in Council, as the case may be, thinks proper

484

THE HONG KONG GOVERNMENT GAZETTE, JUNE 24, 1932.

Pension, etc., to

cease on

accepting employment

in certain companies.

Gratuity to Estate where

officer dies in service of the Colony.

Gratuity to women officers

retiring on marriage.

Pension to widow, etc., of officer killed,

etc., in discharge of duty.

15.-(1) If any person to whom a pension or other allowance has been granted under this Ordinance becomes either a director of any company the principal part of whose business is in any way directly concerned with this Colony, or an officer or a servant employed in this Colony by any such company, without in every such case the permission of the Governor in Council in writing first had and obtained, then in every such case it shall be lawful for the Governor in Council, with the approval of the Secretary of State, to direct that such pension or allowance shall forthwith cease, and thereupon such pension or allowance shall cease accordingly.

(2) It shall be lawful for the Governor in Council with the approval of the Secretary of State, on being satisfied that the person in respect of whose pension or allowance any such direction shall have been given has ceased to be a director of such company, or to be employed as an officer or servant of such company in this Colony, as the case may be, to give directions for the restoration of such pension or allowance, with retrospective effect if he shall see fit, to such date as he specifies, and such pension or allowance shall be restored accordingly.

16. Where an officer holding a pensionable office, who is not serving on probation or agreement, dies while in service of this Colony, and during the five years preceding his death has continuously held pensionable office in this Colony or offices in other public service which were, when he held them, pensionable under the law or regulations in force relating to such service, it shall be lawful for the Governor in Council to grant to his legal personal representative, or in case the gratuity does not exceed $1,000 to such person as the Governor in Council shall name as the recipient, a gratuity of an amount not exceeding one year's pensionable emoluments of the officer so dying. Such gratuity, if granted to the legal personal representative, shall form part of the estate of the officer for purposes of distribution under any testamentary disposition made by him or under an intestacy, as the case may be; but, nevertheless, no estate duty shall be payable in respect thereof, and its addition to the principal value of the estate shall not be taken into consideration for the purpose of increasing the rate at which estate duty on the remainder of the estate may be payable.

17. Where an officer, being a woman and holding a pensionable office in this Colony, has completed not less than five years' service in this Colony, and resigns such office on, or with a view to marriage, or is required to retire from the public service under the provisions of section 10 (d), she may be granted a gratuity calculated at the rate of one-twelfth of a month's pensionable emoluments for each completed month of service provided that such gratuity shall not exceed one year's pensionable emoluments.

18.-(1) It shall be lawful for the Governor in Council to award to the widow and orphans of an officer who has been killed in the discharge of his duty, or who dies as a direct result of injuries received while on duty, or who dies of illness the contraction of which was specifically attributable to the nature of his duties, a pension not exceeding ten-sixtieths of the deceased officer's emoluments or $100 a year, whichever sum is greater Provided that this maximum may be exceeded in exceptional cases.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 24, 1932.

(2) If the widow of any such officer marries again her pension under the provisions of this section shall cease on the remarriage: Provided that the pension may in the discretion of the Governor in Council, be revived upon re-widowhood.

(3) The pension of an orphan under the provisions of this section shall cease in the case of a male at the age of eighteen years, and in the case of a female on marriage or at the age of twenty-one years.

(4) Any grant made under the provisions of this section shall be in addition to any grant made under the provisons of section 16.

ance.

19. Subject to the provisions of section 7, the provisions Application of this Ordinance shall apply to all officers in the service of this of Ordin- Colony at or after the commencement of this Ordinance and to all those who having served in this Colony have before the commencement of this Ordinance been transferred to other public service and are still in other public service at the com- mencement of this Ordinance: Provided that nothing herein contained shall be deemed to diminish the rights acquired by any person under any enactment hereby repealed or rules or minutes made thereunder or the rights and obligations conferred or imposed by sections 3 and 3A of the Pensions Ordinance, 1862, on or in respect of any judge or other public officer in the service of this Colony at the commencement of this Ordinance. But this proviso shall not be so construed as to entitle any officer, who shall have exercised any option or made any election under any regulations made under this Ordinance, to treat his decision or election as revocable.

in Ordin-

20. Where in the Widows' and Orphans' Pension Ordin- Inter- ance, 1908, or in any Ordinance amending or substituted for of

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　pretation the same, the pension of any person who is the contributor pension" himself is referred to, then if such person receives, in respect ance No. 15 of some period of service for such pension, both a gratuity of 1908, and a pension the amount of such pension, for the purposes of pension of the said Ordinance, shall be deemed to be four-thirds of its the con- actual amount.

where the

tributor

himself is referred to..

ment of

ance No. 11

21. Section 17A of the Police Force Ordinance, 1900, as Amend- amended by the Police Force Amendment Ordinance, 1929. Section 17A is amended by the substitution of the words "the provisions of of Ordin- the Pensions Ordinance, 1932, and any regulations made of 1900. thereunder" for the words "the provisions of the pension. Ordinance minutes issued under or for the purposes of the Pensions 1929. Ordinance, 1862".

22. The following enactments are repealed :--

(a) The Pensions Ordinance, 1862.

(b) The Pensions Amendment Ordinance, 1928.

No. 18 of

Repeal of Ordinance No. 2 of 1862, and Ordinance No. 2 of

Provided that such repeal shall in no way affect the pension of any person, who retired from the service of the Colony or other public service before the commencement of this Ordinance, under any enactment hereby repealed or rules or minutes made thereunder.

Passed the Legislative Council of Hong Kong, this 23rd day of June, 1932.

R. A. C. NORTH, Deputy Clerk of Councils.

485

486

THE HONG KONG GOVERNMENT GAZETTE, JUNE 24, 1932.

L.S.

HONG KONG.

No. 22 of 1932.

I assent.

W. T. SOUTHORN,

Officer Administering the Government.

Short title.

Resumption of M.L. 82 and extinction of rights, etc.

Provision as to disposal of

funds, etc., in posses- sion of City Hall Committee.

Ordinance No. 5 of 1929.

24th June, 1932.

An Ordinance for the resumption of the City Hall property.

[24th June, 1932.]

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the City Hall Resumption Ordinance, 1932.

2. The Indenture of Crown Lease of Marine Lot number eighty-two dated the sixth day of March, 1866, and made between Her late Majesty Queen Victoria, of the one part, and Alexander Turing, John Macdonall and Phineas Ryrie, of the other part, is determined; and the premises thereby demised together with all buildings now standing thereon revert to the Crown free from any restriction whatever, and the Governor shall have power to deal with the same and to dispose of the same for building or any other purpose in the same way and to as full an extent as in the case of other Crown lands; and all trusts, property, estate, rights, claims and easements or supposed trusts, property, estate, rights, claims or easements of any persons or class of persons, whether Crown leaseholders, shareholders in the City Hall or licensees or otherwise, whether inter se or in any other respect to the user or possession or occupation of, in, over, or in any way in relation thereto are absolutely extinguished and determined.

3.-(1) The treasurer of the Committee, hitherto known as the City Hall Committee, shall pay to the Colonial Treasurer any unexpended balance remaining of the Committee's funds; and the Colonial Treasurer shall thereupon transfer such balance (if any) to the general revenue of the Colony.

any

(2) The provisions of sections 10, 11 and 12 of the Unclaimed Balances Ordinance, 1929, shall apply to money so transferred to the general revenue of the Colony to the same extent as if such money had been transferred under the provisions of the Ordinances mentioned in the said sections except that no petition under section 10 or section 11 shall be entertained unless presented within one year after the commencement of this Ordinance.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 24, 1932.

487

(3) Subject to the provisions of this section all claims of any person against the Government, the City Hall Com- mittee or any member or officer thereof in respect of such money as well as all trusts in respect thereof are absolutely extinguished and determined.

as to

4. (1) The City Hall Committee shall hand over the Provision furniture, fittings, book-cases, books, show-cases, specimens, disposal exhibits and other effects of the City Hall, including the of library library and museum, to the Director of Public Works who and furni shall dispose of them, or any of them, as the Governor in ture and Council may direct.

(2) Subject to the provisions of this section all claims of any person against the Government, the City Hall Committee or any member or officer thereof in respect of the property to be transferred to the Director of Public Works as well as all trusts in respect thereof are absolutely extinguished and determined.

and museum

effects.

the rights

Crown and

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

Passed the Legislative Council of Hong Kong, this 23rd day of June, 1932.

of certain

persons.

R. A. C. NORTH,

Deputy Clerk of Councils.

APPOINTMENTS, &c.

No. 408.-His Excellency the Officer Administering the Government has been pleased to appoint YEUNG PING (T) and TAM SZE() to be "Forest Officers for the control and superintendence of the forests of the Colony in place of LI Po () and CHAU HON () dismissed, with effect from the 1st June, 1932.

17th June, 1932.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 24, 1932.

487

as to

and museum

effects.

the rights

Crown and

Passed the Legislative Council of Hong Kong, this 23rd day of June, 1932.

of certain

persons.

R. A. C. NORTH,

Deputy Clerk of Councils.

APPOINTMENTS, &c.

17th June, 1932.

488

THE HONG KONG GOVERNMENT GAZETTE, JUNE 24, 1932.

NOTICES.

ASSESSOR'S OFFICE.

No. 409.-The following alterations in house numbers are hereby notified.

NEW NUMBERS.

OLD NUMBERS.

LOT

新門牌

舊門牌

NUMBERS.

NGAN MOK STREET.

銀幕街

號

I.L. 2563

三號

二號

2606

五號

三號

2356

7 七號

喇

四號

九號

-號

號號

五號

2605

六號

一三號

一五號

一七號

Then Yacht Street.

J.L. 2367

Sec. A..

一五號

-七號

二號

SUGAR STREET.

糖街

號號

I.L. 782 s.B.

s.s. 6

S.S. 5

一九號

三號

二一號

四號

二三號

五號

二五號

6 六號

R.P.

s.s. 4

s.s. 3

s.s. 2

二七號

七號

二九號

八號

s.s. 1

三一號

九號

24th June, 1932.

REMARKS.

EDWIN TAYLOR, Treasurer and Assessor of Rates.

ہو

به گر

THE HONG KONG GOVERNMENT GAZETTE, JUNE 24, 1932.

TREASURY.

489

No. 410. It is hereby notified for the information of Owners and Occupiers of tenements that, under the provisions of the Rating Ordinance No. 6 of 1901, Rates for the Third Quarter, 1932, are payable in advance on or before the 31st July, 1932.

If any person shall fail to pay such Rates on or before the 31st August, 1932, proceedings will be taken in the Supreme Court for their recovery without further notice.

No refund of Rates in respect of vacant tenements will be granted unless such Rates have been paid during and within the month of July, 1932, nor unless application is made for such refund within fifteen days from the expiration of the Quarter.

　　In order to ensure correct service in future, Owners and Occupiers of tenements are requested to fill in particulars of their permanent addresses on the space provided for this purpose on the reverse side of the Notices for the Third Quarter, 1932.

24th June, 1932.

No. 411

EDWIN TAYLOR,

Colonial Treasurer.

ROYAL OBSERVATORY.

Sunrise and Sunset in Hong Kong for July, 1932.

(STANDARD TIME OF THE 120TH MERIDIAN, EAST OF GREENWICH.)

DATE.

SUNRISE.

SUNSET.

DATE.

SUNRISE.

SUNSET.

July

5.42 a.m.

5.42

7.11 p.m. 7.11

July

17.....

5.48 a.m.

7.10

p.m.

18.

5.49

7.10

5.42

7.11

19.

5.49

7.10

4...

5.43

7.11

20.

5.50

7.09

91.

5.43

7.11

21...

5.50

7.09

95%

5.43

7.11

22.

5.50

7.08

5.44

7.11

23..

5.51

7.08.

8..

5.44

7.11

24.

5.51

7.07

9...

5.45

7.11

25.

5.51

7.07

10...

5.45

7.11

26.

5.52

! 7.06

11.

5.46

7.11

27.

5.52

12.

5.46

7.11

28.

5.53

7.06 ! 7.06

991

95%

13.

5.47

7.11

29.

5.53

14...

5.47

7.11

30.

5.53

15....

5.48

7.11

5.54

7.05 7.05 7.04

ม

16.

5.48

7.10

وو

23rd June, 1932.

C. W. JEFFRIES,

Director.

490

THE HONG KONG GOVERNMENT GAZETTE, JUNE 24, 1932.

SUPREME COURT.

　　　　No. 412.-It is hereby notified that the name of The INDUSTRIAL DEVELOPMENT ELROADMILL COMPANY, LIMITED, has been struck off the Register.

24th June, 1932.

E. P. H. LANG,

Registrar of Companies.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　　No. 413.-It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909:

Number

Marks.

Date of Registration.

Names and Addresses of Owners.

Period of Renewal.

Classes in which renewed.

File Nos.

No. 42 of 1904.

14th May, 1904.

No. 55 of 1904.

10th June, 1904.

Nos. 59 and 60 of 1904.

21st June, 1904.

No. 295 of 1919.

21st June, 1918.

I. G. Farbenindustrie Aktiengesellschaft, Frankfort, on Main, Germany.

Bradford Dyers Association, Limited, No 39, Well Street, Bradford, Yorkshire, England.

Jeyes' Sanitary Compounds Company, Ltd., of 64, Cannon Street, London, England.

The Vaccum Oil Company, Inc., a corporation organized and existing under the laws of the State of New York, and carrying on business at No. 61, Broadway, City and State of New York, United States of America.

23rd June, 1932.

14th May, 1946.

215 of 1932.

10th June, 1946.

48 of 1932.

21st June,

1946.

2 and 3 respectively.

217 of 1932.

21st June,

1946.

63 of 1932.

'E. L. AGASSIZ, Registrar of Trade Marks.

492

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.

EXECUTIVE COUNCIL.

No. 414.

No. 415.

Hong Kong.

ORDINANCE No. 12 of 1923. (VACCINATION).

In exercise of the powers conferred by section 6 of the Vaccination Ordinance, 1923, the Governor in Council makes the undermentioned amendments of the forms set forth in the Second Schedule to the said Ordinance.

Amendments.

In the foot-notes to forms Nos. 4, 5 and 6 in the Second Schedule the words "Registrar of Births and Deaths" are substituted for the words "Head of the Sanitary Department."

COUNCIL CHAMBER,

24th June, 1932.

D. W. TRATMAN,

Clerk of Councils.

LEGISLATIVE COUNCIL.

LEGISLATIVE COUNCIL, No. 9.

Thursday, 23rd June, 1932, at 2.30 p.m.

PRESENT:

HIS EXCELLENCY THE OFFICER ADMINISTERING THE GOVERNMENT (Hon. Mr. WILFRID THOMAS SOUTHORN, C.M.G.).

His Excellency the General Officer Commanding the Troops, (Major-General JAMES

WALTER SANDILANDS, C.B., C.M.G., D.S.O.).

The Honourable the Colonial Secretary, (Mr. EDWIN RICHARD HALLIFAX, C.M.G., C.B.E.). the Attorney General, (Mr. CHALONER GRENVILLE ALABASTER, K.C.,

༤

'9"

O.B.E.).

the Secretary for Chinese Affairs, (Mr. ALAN EUSTACE WOOD). the Colonial Treasurer, (Mr. EDWIN TAYLOR).

Mr. HAROLD THOMAS CREASY, C.B.E., (Director of Public Works). Commander GEORGE FRANCIS HOLE, R.N. (Retired), (Harbour Master).

Dr. ARTHUR ROBARTES WELLINGTON, (Director of Medical and Sanitary

Services).

492

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.

EXECUTIVE COUNCIL.

No. 414.

No. 415.

Hong Kong.

ORDINANCE No. 12 of 1923. (VACCINATION).

Amendments.

In the foot-notes to forms Nos. 4, 5 and 6 in the Second Schedule the words "Registrar of Births and Deaths" are substituted for the words "Head of the Sanitary Department."

COUNCIL CHAMBER,

24th June, 1932.

D. W. TRATMAN,

Clerk of Councils.

LEGISLATIVE COUNCIL.

LEGISLATIVE COUNCIL, No. 9.

Thursday, 23rd June, 1932, at 2.30 p.m.

PRESENT:

HIS EXCELLENCY THE OFFICER ADMINISTERING THE GOVERNMENT (Hon. Mr. WILFRID THOMAS SOUTHORN, C.M.G.).

His Excellency the General Officer Commanding the Troops, (Major-General JAMES

WALTER SANDILANDS, C.B., C.M.G., D.S.O.).

The Honourable the Colonial Secretary, (Mr. EDWIN RICHARD HALLIFAX, C.M.G., C.B.E.). the Attorney General, (Mr. CHALONER GRENVILLE ALABASTER, K.C.,

༤

'9"

O.B.E.).

the Secretary for Chinese Affairs, (Mr. ALAN EUSTACE WOOD). the Colonial Treasurer, (Mr. EDWIN TAYLOR).

Mr. HAROLD THOMAS CREASY, C.B.E., (Director of Public Works). Commander GEORGE FRANCIS HOLE, R.N. (Retired), (Harbour Master).

Dr. ARTHUR ROBARTES WELLINGTON, (Director of Medical and Sanitary

Services).

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.

The Honourable Mr. THOMAS HENRY KING, (Acting Inspector General of Police).

Sir HENRY EDWARD POLLOCK, Kt., K.C.

Mr. WILLIAM EDWARD LEONARD SHENTON.

Mr. ROBERT HORMUS KOTEWALL, C.M.G., LL.D.

Mr. José PEDRO BRAGA.

Mr. Ts'o SEEN-WAN, O.B.E., LL.D.

Mr. JOHN JOHNSTONE PATERSON.

Mr. CHAU TSUN-NIN.

Mr. WILLIAM HENRY BELL.

Mr. ROLAND ARTHUR CHARLES NORTH, (Deputy Clerk of Councils).

493

1. The Council met pursuant to adjournment. His Excellency the Officer Adminis-

tering the Government occupied the Chair.

MINUTES.

2. The Minutes of the Meeting held on the 9th June, 1932, were confirmed.

ANNOUNCEMENT.

3. The Honourable Mr. H. T. CREASY, C.B.E., (Director of Public Works) addressed

the Council on the Shing Mun Scheme and the water supply.

PAPERS.

4. The following papers were laid on the table:-

Regulations made by the Governor in Council under section 2 of the Passports

Ordinance, 1923, Ordinance No. 35 of 1923, dated 2nd June, 1932.

Declaration under the Merchant Shipping Ordinance, 1899, Ordinance No. 10

of 1899, Table L, Quarantine Regulations, dated 8th June, 1932. Substitution of the Regulations made by the Governor in Council under section. 3 of the Post Office Ordinance, 1926, Ordinance No. 7 of 1926, on 28th May, 1932.

Amendment of the regulations made under section 4 of the Nurses Registra- tion Ordinance, 1931, Ordinance No. 1 of 1931, dated 15th June, 1932. Cancellation of Proclamation No. 3 of the 27th September, 1931, under section

6 of the Peace Preservation Ordinance, 1886.

Order made by His Excellency the Officer Administering the Government under section 12 (4) of the Volunteer Ordinance, 1920, Ordinance No. 2 of 1920, dated 17th June, 1932.

Administrative Reports, 1931:-

Part I.-General Administration :-

Report of the Harbour Master and Director of Air Services.

Part II.-Law and Order :--

Report of the Inspector General of Police.

Report of the Official Receiver and Registrar of Trade Marks

and Letters Patent.

Part III.-Public Health :--

Report of the Botanical and Forestry Department.

Part IV.-Education :-

Report of the Director of Education.

494

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.

Part VII.-Undertakings of Government :-

Report of the General Post Office.

QUESTIONS.

5. The Hon. Sir HENRY E. POLLOCK, Kt., K.C., pursuant to notice, asked the

following questions :

1. What measures do you recommend should be adopted by the Government for the prevention of the spread of cholera from Canton to Hong Kong?

2. Is there a sufficiency, in this Colony, of

(i) Anti-cholera serum,

(ii) Other anti-cholera remedies and medicines?

If not, what steps do you recommend should be taken by the Government

for remedying such deficiencies, if any?

The Director of Medical and Sanitary Services replied as follows:-

The Government does not consider that the situation as it stands at present calls for the drastic interference with the daily life of the Colony which must result from the formal declaration of Canton as an infected port and the imposition of full quarantine. Instead, it will endeavour to secure a reasonable degree of protection against the introduction of the disease into the Colony by the following means:-

(a) The owners of steamers plying between Canton and Hong Kong will be notified that they should warn their ships officers and staff to keep a careful watch against the embarkation of sick persons and if a case of cholera or suspected cholera occurs during the voyage to take the ship to the quarantine anchorage and hoist the yellow flag instead of proceeding to the wharf and generally to assist the Health Authorities by all means in their power.

The owners will also be asked to endeavour to place a doctor on

each ship during the continuance of the epidemic.

(b) The Medical Department will have the Canton steamers met on arrival and the Police will receive special instructions to regu- late the debarkation of passengers in such a way as to permit inspection by the officers of the medical department.

(c) The Medical Department will also take steps to ensure that the passenger decks, kitchens and lavatories of the ships are thoroughly cleansed after the passengers have landed.

(d) In addition I have been instructed to proceed to Canton and get into touch with the Chinese Health authorities there with a view to investigating any other methods by which infected persons and merchandise may be excluded from vessels sailing for Hongkong.

If these steps fail to prevent or at least keep within reasonable bounds the in- troduction of the disease into Hongkong the Government will have to take more drastic measures.

For preventing the disemination of the disease within the Colony the follow-

ing measures will be taken :-

(e) The dormant by-laws for the Prevention and Mitigation of Epi- demic, Endemic, Contagious or Infectious disease made by the Sanitary Board on the 14th December, 1926, and approved by the Legislative Council on the following 31st, December, will be brought into force by declaration of the Governor in Council. These by-laws are as follows:---

(1) The Governor in Council may at any time, and from time to time declare an occasion to exist in any district or districts, which, for the prevention

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.

495

as far as possible, or mitigation of any epidemic, endemic, contagious or infectious disease, necessitates the coming into force of the following by- laws, and thereupon and on the application of such declaration in the Gazette, and so long as any such declaration shall subsist, the said by- laws shall be in force in the district or districts to which the same are or may be applied. Subject as aforesaid, the said by-laws shall be in abeyance.

(2) No person shall sell or offer for sale any fresh fruit, unless the same is

whole, that is to say, uncut and unpeeled.

(3) No person shall sell or offer for sale ice cream or any frozen or chilled preparation commonly known as "ice-cream unless the seller holds a permit in writing in that behalf signed by the head of the Sanitary Department and by the Medical Officer of Health.

(f) The Sanitary Board has already issued a notice in the Press advising the public to avoid uncooked fruit and vegetables. The Secretary for Chinese Affairs will consult with the District Watch Committee with a view to advising the Sanitary Board as to the desirability of including other articles, such as cooling drinks, lettuce etc., under these by-laws i.c. prohibiting their sale either totally or without a permit from the head of the Sanitary Department and the Medical Officer of Health.

With regard to anti-cholera serum, this is not now a recognised remedy. With regard to anti-cholera vaccine there is a sufficiency of this material in the Colony to meet immediate needs and more is being prepared. Concerning anti-cholera remedies and medicines, there is sufficient stock in

the Colony to meet all requirements.

MOTIONS.

6. Merchant Shipping Amendment Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to amend the Merchant Shipping Ordinance, 1899."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

7. Crown Solicitors Amendment Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to amend further the Crown Solicitors Ordinance, 1912."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

8. City Hall Resumption Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance for the resumption of the City Hall." The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

496

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.

9. Liquors Amendment Bill. -The Attorney General moved the Second reading of

the Bill intituled "An Ordinance to amend the Liquors Ordinance, 1931." The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

10. Pensions Bill. - The Attorney General addressed the Council and stated that an amendment had been suggested to clause 19. Under Standing Order

28 (2) the bill could be re-committed after the third reading had been moved and seconded. He then moved the third reading.

The Colonial Secretary seconded.

The Hon. Sir HENRY E. POLLOCK, Kt., K.C., moved that the Bill be re-committed

for consideration of an amendment to clause 19.

The Hon. Mr. W. E. L. SHENTON seconded.

Council in Committee on the Bill.

In Clause 19 after the word "thereunder" in the tenth line the following words were inserted or the rights and obligations conferred or imposed by sections 3 and 3A of the Pensions Ordinance, 1862, on or in respect of any judge or other public officer in the service of this Colony at the commence- ment of this Ordinance."

On Council resuming, the Attorney General reported that the Bill had passed through Committee with an amendment, which the President ruled to be immaterial. He then moved the third reading.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

ADJOURNMENT.

11. The Council then adjourned until Thursday, the 30th day of June, 1932, at

2.30 p.m.

Confirmed this 30th day of June, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

W. T. SOUTHORN, Officer Administering the Government.

　　　No. 416.-His Excellency the Officer Administering the Government has given his assent, in the name and on behalf of His Majesty the KING, to the following Ordi- nances passed by the Legislative Council:-

Ordinance No. 23 of 1932.-An Ordinance to amend the Merchant Shipping

Ordinance, 1899.

Ordinance No. 24 of 1932.-An Ordinance to amend further the Crown Soli-

citors Ordinance, 1912.

496

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.

9. Liquors Amendment Bill. -The Attorney General moved the Second reading of

the Bill intituled "An Ordinance to amend the Liquors Ordinance, 1931." The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

10. Pensions Bill. - The Attorney General addressed the Council and stated that an amendment had been suggested to clause 19. Under Standing Order

28 (2) the bill could be re-committed after the third reading had been moved and seconded. He then moved the third reading.

The Colonial Secretary seconded.

The Hon. Sir HENRY E. POLLOCK, Kt., K.C., moved that the Bill be re-committed

for consideration of an amendment to clause 19.

The Hon. Mr. W. E. L. SHENTON seconded.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee with an amendment, which the President ruled to be immaterial. He then moved the third reading.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

ADJOURNMENT.

11. The Council then adjourned until Thursday, the 30th day of June, 1932, at

2.30 p.m.

Confirmed this 30th day of June, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

W. T. SOUTHORN, Officer Administering the Government.

Ordinance No. 23 of 1932.-An Ordinance to amend the Merchant Shipping

Ordinance, 1899.

Ordinance No. 24 of 1932.-An Ordinance to amend further the Crown Soli-

citors Ordinance, 1912.

܂ܐ

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.

497

HONG KONG.

No. 23 OF 1932.

I assent.

W. T. SOUTHORN,

L.S.

Officer Administering the Government.

30th June, 1932.

An Ordinance to amend the Merchant Shipping Ordinance,

1899.

[30th June, 1932.]

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Merchant Shipping Short title. Amendment Ordinance, 1932.

2. Section 2 (f) of the Merchant Shipping Ordinance, Amendment 1899, is amended by the substitution of the words "a marine of Ordin- magistrate" for the words "the marine magistrate".

ance No. 10

of 1899, s. 2 (f).

ance No. 10

3. Section 3 (8) of the Merchant Shipping Ordinance, Amendment 1899, is amended by the substitution of the words "such fee of Ordin- as the Governor in Council shall prescribe" for the words of 1899, s. 3 (8). "the sum of one dollar" in the tenth line thereof.

4. Section 5 (3) of the Merchant Shipping Ordinance, Addition 1899, is amended by the addition of the following provisoes to Ordin- at the end thereof:

Provided that the agreements may be made for a voyage or, if the voyages of the ship average less than six months in duration, may be made to extend over two or more voyages, and agreements so made to extend over two or more voyages shall be referred to as running agreements; and provided also that running agreements shall not be for a longer period than six months or the first arrival of the ship at her port of destination in the Colony after the expiration of that period, or the discharge of cargo consequent on that arrival.

ance No. 10

of 1899, s. 5 (3).

5. Section 10 of the Merchant Shipping Ordinance, Substitution 1899, is amended by the substitution of the following sub- for Ordin- section for sub-section (10) thereof:-

ance No. 10 of 1899, s. 10 (10).

(10) On receipt of such declarations, and if satisfied that Issue of the provisions of this section have been complied with, the certificate. Governor may, if in his absolute discretion he thinks fit to do so, cause a certificate in duplicate to be prepared and issued to the effect that the provisions of the law with respect to the survey of the ship and the transmission of declarations in respect thereof have been complied with; and such certificate shall state the limits, if any, beyond which, according to the declaration of the surveyor or surveyors such ship is not fit

498

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.

New

sub-section (194) of Ordinance No. 10 of 1899, s. 10.

Governor

may cancel certificate where

master is not in control

of ship.

Substitution for Ordin- ance No. 10 of 1899. s. 10 (23).

Report of structural alteration.

Substitution for Ordin-

ance No. 10 of 1899. s. 10 (25).

Penalties

for carrying in excess of complement.

passengers

Amendment

of Ordin- ance No. 10 of 1899.

s. 14 (3).

Substitution

for Ordin- ance No. 10 of 1899,

s. 17 (5) (a).

to ply, and shall also contain a statement of the number of passengers which, according to the declaration of the surveyor or surveyors such ship is fit to carry, distinguishing (if necessary) between the respective numbers to be carried on the deck and in the cabins, such number to be subject to such conditions and variations, according to the time of the year, the nature of voyage, the cargo carried, and other circumstances as the case may require.

6. Section 10 of the Merchant Shipping Ordinance, 1899, is also amended by the insertion of the following sub-section after sub-section (19) thereof :--

(19A). The Governor may also revoke and cancel any such certificate in any case in which he has reason to believe that the certificated master of the ship is not exercising, or is not permitted to exercise, proper control of the ship.

7. Section 10 of the Merchant Shipping Ordinance, 1899, is also amended by the substitution of the following sub- section for sub-section (23) thereof :-

(26) If any structural alteration is made in any passenger ship, the owners, agents, charterers and master shall, within twenty-four hours after the alteration is made or as soon thereafter as possible, report the same by letter to the Harbour Master, and in default, without reasonable excuse therefor, they shall be severally liable to a fine not exceeding five hundred dollars.

8. Section 10 of the Merchant Shipping Ordinance, 1899, is also amended by the substitution of the following sub-section for sub-section (25) thereof:-

(25) The owner, agent, charterer, master or compradore of any passenger ship shall not receive or have on board thereof or on or in any part thereof at any place within the waters of the Colony any number of passengers which, having regard to the time, occasion and circumstances of the case, is greater than the number allowed by the passenger certificate; and if he does so he shall be liable to a fine not exceeding two hundred dollars, and also to an additional fine not exceeding five dollars for every passenger above the number so allowed.

9. Section 14 (3) of the Merchant Shipping Ordinance, 1899, is amended by the substitution of the words "Every owner, agent, charterer, master or compradore" for the words "Every owner or master" in the first line thereof.

10. Section 17 (5) of the Merchant Shipping Ordinance, 1899, is amended by the substitution of the following paragraph for paragraph (a) thereof :-

(a) The Harbour Master, if he has reason to believe, on complaint or otherwise, that a British ship is unsafe, may order the provisional detention of such ship for a period not exceeding twenty-four hours; and subject to the further provisions of this section, the Governor may by order extend such period either indefinitely or for such definite period as he may deem fit.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.

499

11. Part V of the Merchant Shipping Ordinance, 1899, New is amended by the insertion of the following heading and heading section after section 19:-

and section 19A to Ordinance No. 10 of 1899.

Reports.

Master of

57 & 58

19A. When any steamship or motorship has sustained Report to or caused any accident occasioning loss of life or has received Harbour any material damage affecting the seaworthiness or the accident efficiency thereof, either in the hull or in any part of the to ship machinery, the master shall, within twenty-four hours after Vict. c. 60, the happening of the accident or damage, or as soon there- s. 425. after as possible, report the same by letter to the Harbour Master, and in default, without reasonable excuse therefor, he shall be liable to a fine not exceeding five hundred dollars.

Amendment

12. Section 21 of the Merchant Shipping Ordinance, 1899, is amended by the addition of the words "without the of Ordin- written permission of the Harbour Master" after the word of 1899, "Colony" at the end thereof.

ance No. 10

s. 21.

of Ordin- ance No. 10

✓ 13. Section 22 of the Merchant Shipping Ordinance, Amendment 1899, is amended by the substitution of the words "properly to the satisfaction of the Harbour Master" for the word of 1899,

"properly" in the fourth line of sub-section (3).

14. Section 22 of the Merchant Shipping Ordinance, 1899, is also amended by the insertion of the following sub- section after sub-section (3) :

(3A). The obligations as to proper mooring of a ship to the satisfaction of the Harbour Master imposed by sub-section (3) shall fall on the owners, agents and charterers in the case of any ship without a master.

15. Section 26 (1) (c) of the Merchant Shipping Ordin- ance, 1899, is amended by the insertion of the word "oil" after the word "rubbish," in the first line.

16. Section 26 of the Merchant Shipping Ordinance, 1899, is also amended by the substitution of the following sub-section for sub-section (2) thereof:

s. 22 (3).

New sub-

section (3A) of Ordinance No. 10 of 1899, s. 22.

Owners agents and hable where

charterers

ship is without a master.

amendment of Ordin-

ance No. 10 of 1899, s. 26 (1) (c).

Substitution for Ordin-

ance No. 10 of 1899, s. 26 (2).

(2) (a).--No vessel shall lie alongside any public wharf Obstruction or public landing place or alongside any part of any praya of wharves wall except when engaged in taking on board or landing praya at passengers or cargo.

(b) No vessel shall without a written permit from the Harbour Master be moored or at anchor, between 9 p.m. and 5 a.m, within a distance of less than one hundred yards from low water mark of such part of the Colony as is declared in paragraph 2 of Table N in the Schedule to this Ordinance to be a part of the Colony in respect of which the provisions of section 26 (2) (b) of this Ordinance shall apply, or of such part of the Colony as may be declared by regulation made by the Governor in Council in substitution for the said paragraph 2 of Table N Provided that nothing contained in this sub-paragraph shall be construed as extending to any vessel moored or at anchor alongside any private wharf with the written consent of the owner of such wharf.

lying off

night, etc.

500

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.

Amendment of Ordin-

ance No. 10 of 1899,

s. 30 (1).

Amendment of Ordin ance No. 10 of 1899,

s. 30 (3).

Substitution for Ordin-

ance No. 10 of 1899, s. 32 (4).

Amendment

of Ordin- ance No. 10 of 1899, s. 36 (5).*

(c) No vessel shall lie alongside any other vessel, or any wharf or landing place, public or private, or any part of any praya wall, in such manner as to obstruct the free access of any other vessel thereto.

(d) No raft or floating logs shall be moored alongside any wharf or landing place, public or private, or any part of the praya wall, in such manner as to obstruct the free access of any vessel thereto.

(e) No vessel shall lie alongside any other vessel without the consent of the master thereof.

(f) No vessel shall lie alongside any private wharf or landing place without the consent of the owner thereof.

(g) No vessel shall lie alongside any private wharf or landing place between 9 p.in. and 5 a.. except with the written permission of the owner thereof.

(h) Where any of the provisions of this sub-section require a vessel to have a written permit or written permission such provision shall not be deemed to be complied with unless the written permit or written permission is kept on board the vessel in question during the period during which it is required.

(i) Upon proof before a magistrate of any contravention of any of the provisions of this sub-section the master or other person in charge of the vessel in question shall be liable to a fine not exceeding two hundred and fifty dollars or to imprisonment for any term not exceeding three months.

() If the master or the person who was in charge of the vessel in question at the time of the contravention cannot be found, or if there was no person in charge at the time of the contravention, the licensee of the vessel in question shall, upon proof before a magistrate of the fact of the contraven- tion, be liable to a fine not exceeding two hundred and fifty dollars, whether such licensee was aware of the contravention or not.

17. Section 30 (1) of the Merchant Shipping Ordinance, /1899, is amended by the insertion of the words ",Deputy Harbour Master" after the words "Harbour Master" in the third line thereof.

18. Section 30 (3) of the Merchant Shipping Ordinance, 1899, is amended by the substitution of the words "five hundred dollars" for the words "two hundred dollars" in the last line thereof.

19. Section 32 of the Merchant Shipping Ordinance, 1899, is amended by the substitution of the following sub- section for sub-section (4) thercof :--

(4) A receipt for the said dues as well as for any fees payable in respect of moorings or buoys shall be given by the person appointed to collect the same (hereafter in this section. referred to as the collector) to every person paying the same, and it shall be lawful for the Harbour Master to refuse to grant a clearance to any ship if such receipt is not produced to him.

20. Section 36 (5) of the Merchant Shipping Ordinance, 1899, is amended by the substitution of the words "written permission" for the word "permission" in the fifth line thereof.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.

501

section (2A)

21. Section 37 of the Merchant Shipping Ordinance, New sub- 1899, is amended by the insertion of the following sub-section after sub-section (2) thereof:---

ance No. 10 of 1899, s. 37.

(2A) The Harbour Master shall, with the approval of the Anchorages. Governor, by regulation appoint suitable anchorages in the waters of the Colony to be called anchorages for launches and motor boats,

22. Section 37 of the Merchant Shipping Ordinance, Substitution 1899, is also amended by the substitution of the following sub- for Ordin section for sub-section (7) thereof:-

ance No. 10 of 1899,

s. 37 (7).

(7) Every owner, agent, charterer or master of any Unsea- launch or motor boat, who permits such launch or motor boat worthiness. to ply while in an unseaworthy or unsafe condition, whether by reason of overloading or from any other cause whatsoever, shall be liable to a fine not exceeding one thousand dollars and to imprisonment for any term not exceeding six months.

23. Section 37 of the Merchant Shipping Ordinance, Substitution 1899, is also amended by the substitution of the following for Ordin- sub-section for sub-section (15) thereof :---

(15) The provisions of this section, other than sub- sections (11) and (16), shall not apply to launches or motor boats which are the property of His Majesty or of any foreign

state.

ance No. 10 of 1899, s. 37 (15).

Exemption.

ance No. 10

24. Table I in the Schedule to the Merchant Shipping Substitution Ordinance, 1899, as enacted by section 2 of the Merchant for Ordin- Shipping Amendment Ordinance, 1931, Ordinance No. 5 of of 1899, 1931, is repealed and the following Table is substituted Schedule, therefor :--

Table I.

Engagement and Discharge Fees.

The collection of fees at the rates stated in the following paragraphs is authorised as from the 31st day of July, 1931.

1.-ENGAGEMENT AND DISCHARGE OF SEAMEN AT THE MERCANTILE MARINE OFFICE.

Fee for engagement or discharge of a mate, purser,

engineer, surgeon, carpenter, steward or wireless, telegraph operator

$1.00

Fee for engagement or discharge of every other seaman $0.75

2.-ENGAGEMENT AND DISCHARGE OF SEAMEN ON BOARD SHIP.

The fee for engagement or discharge shall be as in paragraph 1: Provided that where seamen are re-engaged on board the ship at the time of discharge the fee payable shali be the discharge fee plus half the engagement fee.

In addition to the engagement or discharge fees there shall be paid a fee for each visit according to the following scale :

Where not more than 40 seamen are engaged or

discharged

....$15.00

502

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.

Where more than 40 and not more than 100 sea-

men are engaged or discharged

$30.00

Where more than 100 and not more than 150 sea-

men are engaged or discharged

$37.50

Where more than 150 seamen are engaged or dis-

charged for the first 150

$37.50

for every additional 50 or less

$7.50

In all the above cases the actual travelling expenses of the officers of the Mercantile Marine Office, between that office and the ship, shall be charged in addition if the Harbour Master so directs.

3.-OVERTIME FEES WHERE SEAMEN ARE ENGAGED OR DISCHARGED.

On Sundays or other General or Public Holidays:

Before 6 a.m., and after 8 p.m. ...$20.00 per hour at other times

$10.00 per hour

On Saturdays-

From 8 a.m., to 9 a.m.

$5.00 per hour

From 6 a.m., to 8 a.m. and from

1 p.m. to 8 p.m.

$10.00 per hour

Before 6 a.m., and after 8 p.m.

...$20.00 per lour

On other days :-

From 8 a.m. to 9 a.m., and from

5 p.m. to 6 p.m.

$5.00 per hour

From 6 a.m. to 8 a.m., and from

6 p.m. to 8 p.m.

$10.00 per hour

Before 6 a.m. and after 8 p.m.

$20.00 per hour

Suspending clause.

On all the above occasions any portion count as one hour.

of an hour shall

25. This Ordinance shall not come into operation unless and until the Governor notifies by Proclamation that it is His Majesty's pleasure not to disallow the same and thereafter it shall come into operation upon such day as the Governor shall notify by the same or any other Proclamation.

Passed the Legislative Council of Hong Kong, this 30th day of June, 1932.

R. A. C. NORTH, Deputy Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.

HONG KONG.

No. 24 of 1932.

I assent.

W. T. SOUTHORN,

L.S.

Officer Administering the Government.

30th June, 1932.

An Ordinance to amend further the Crown Solicitors Ordin-

ance, 1912.

[30th June, 1932.]

503

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:--

1. This Ordinance may be cited as the Crown Solicitors Short Amendment Ordinance, 1932.

title.

for Ordin- ance No. 35

2. Sub-section (2) of section 3 of the Crown Solicitors Substitution Ordinance, 1912, as enacted by section 3 of Ordinance No. 9 of 1924, is repealed and the following sub-section is substituted-

(2) Any person duly appointed and acting as Crown Solicitor, and any person duly appointed and acting as Assistant Crown Solicitor who is qualified for appointment as Crown Solicitor, shall be entitled to appear to prosecute persons at the Criminal Sessions and also to appear before the Full Court on any appeal or question reserved arising out of any such prosecution.

Passed the Legislative Council of Hong Kong, this 30th day of June, 1932.

of 1912,

s. 3 (2).

R. A. C. NORTH, Deputy Clerk of Councils,

504

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.

No. 417.

Resolution passed by the Legislative Council under section 39 of the Liquors Ordinance, 1931, Ordinance No. 36 of 1931, on the 30th day of June, 1932.

LIQUOR DUTIES RESOLUTION.

Resolved pursuant to section 39 of the Liquors Ordinance, 1931, Ordinance No. 36 of 1931, as amended by the Liquors Amendment Ordinance, 1932, that the Liquor Duties Resolutions of the 26th February, 1931, and the 17th March, 1932 (published respectively by Notifications Nos. 122 and 168 of the Gazettes of the 27th February, 1931 and the 18th March 1932) be rescinded and that on and after the coming into operation of this Resolution the Liquor Duties to be paid upon intoxicating or spirituous liquors, as the case may be, heretofore or hereafter imported into, distilled, made or prepared in the Colony shall be assessed as in the following Table provided that, in the case of dutiable liquors. heretofore or hereafter imported into the Colony the dollars and decimals thereof stated in the Table shall be conventional dollars reckoned as the equivalent of one shilling and eight pence sterling; and that consequently to arrive at the actual amount payable in Hong Kong currency the conventional. dollar stated in the Table shall be multiplied by 20 and divided by a figure settled by the Colonial Treasurer from time to time representing the average opening selling rates for the previous month of the Hong Kong and Shanghai Banking Corporation for demand drafts on London and until so settled the figure shall be 16.10.

Table.

Part I.

EUROPEAN TYPE LIQUOR.

Per gallon.

On all liqueurs, and on all champagnes and other

sparkling wines

$10.00

On all brandy, gin, rum, whisky and other spirituous

liquors

On all port, sherry and madeira

On all other still wines

6.00

4.00

3.00

On beer, porter, cider, perry and stout

0.60

On all intoxicating liquors above the strength of 18 degrees under proof, for every degree above such strength, in addition to the appropriate duty as above

0.07

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.

Part II.

CHINESE TYPE LIQUOR.

On all Chinese type spirits containing not more than

24 per cent of alcohol by weight

Per gallon.

$1.20

505

For every one per cent of additional alcoholic

strength by weight

0.05

Part III.

JAPANESE TYPE LIQUOR.

On all sake containing not more than 24 per cent

of alcohol by weight

For every one per cent of additional alcoholic

strength by weight

Part IV.

1.20

0.05

OTHER LIQUORS.

On all spirituous liquors other than intoxicating liquors, but including spirits of wine or arrack, containing not more than 24 per cent of alcohol by weight

For every one per cent of additional alcoholic

strength by weight

$1.20

0.05

COUNCIL CHAMBER,

30th June, 1932.

R. A. C. NORTH, Deputy Clerk of Councils.

506

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.

APPOINTMENTS, &c.

　　　　No. 418.-His Excellency the Officer Administering the Government has been pleased to appoint, under section 3 of the Dentistry Ordinance, 1914, Ordinance No. 16 of 1914, Dr. HILMAR FLORENZ SOMMERS to be a Member of the Dental Board for a further period of three years, with effect from 18th June, 1932.

29th June, 1932.

No. 419.-It is hereby notified that during the absence on leave of Mr. JOHN THEOPHILUS BAGRAM, Honorary Consul-General for Siam in Hong Kong, Mr. SYDNEY HAMPDEN ROSS will be in charge of the Siamese Consulate-General.

29th June, 1932.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. 420.-It is hereby notified that His Excellency the Officer Administering the Government has been pleased to exclude the Police Magistrates' Department from the operation of the Holidays Ordinance, 1912, Ordinance No. 5 of 1912, on Saturday, the 2nd July, 1932.

The Imports and Exports Department will be open for the purpose of Revenue collection and issue of permits only from 9 a.m. to 12 Noon on the 1st and 2nd July, 1932.

30th June, 1932.

No. 421.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

Bathing Beach.

BATHING BEACH AT KENNEDY TOWN.

1. This beach will be open for the use of the general public from Tuesday, July 5th inclusive.

2. A fee of 10 cents per person will be charged.

30th June, 1932.

E. R. HALLIFAX,

Colonial Secretary.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932. 507

No. 422.

COLONIAL SECRETARY'S DEPARTMENT.

The following Order of His Majesty in Council is published for general information.

E. R. HALLIFAX,

Colonial Secretary.

30th June, 1932.

STATUTORY RULES AND ORDERS, 1932.

No. 132.

International Copyright.

THE COPYRIGHT CONVENTION (JAPANESE TERRITORIES)

ORDER, 1932.

AT THE COURT AT BUCKINGHAM PALACE,

THE 17TH DAY OF MARCH, 1932.

PRESENT,

THE KINGS MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS His Majesty, by virtue of the authority

conferred upon Him by the Copyright Act, 1911, (a) and having regard to the provisions of the revised Berne Copyright Convention of 1908, (b) was pleased to make an Order in Council, dated the 24th day of June, 1912 (c) (here- inafter called the Principal Order) extending the protection of the said Act to certain classes of works to which protection is guaranteed by the said Convention :

And whereas at Rome on the 2nd day of June, 1928, His Majesty and the Heads of certain Foreign States, having resolved to revise and complete the said Convention, agreed upon a Convention, (d) (hereinafter called the Rome Conven- tion) for the purpose of replacing the said Convention of .1908:

And whereas the said Rome Convention was duly ratified by His Majesty on behalf of Great Britain and Northern Ireland and of British India, and notice has been given of the application of the said Rome Convention to all other parts of His Majesty's dominions, including any territories under His Majesty's protection, to which the Principal Order applies:

(a) 1-2 G. F. c. 46.

(b) Treaty Series No. 10 of 1912.

(0) Miscellaneous No. 11 (1931) (Cmd. 3264).

508

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.

And whereas Japan has given notice of the application of the said Rome Convention to Korea, Formosa, Japanese Saghalien and Kwantung Leased Territory subject to the reservation mentioned in the Schedule to this Order:

1. The Frincipal Order shall extend to Korea, Formosa, Japanese Saghalien and Kwantung Leased Territory as if those territories were amongst the Foreign Countries of the Copy- right Union therein named, subject to the following modifica- tions:

(a) The provisions of Article 2, proviso (iii) (a) and Article 2, proviso (iii) (c) shall apply as if Korea, Formosa, Japanese Saghalien and Kwantung Leased Territory were included amongst the Foreign Countries named in those provisions.

(b) In the application of the provisions of Article 3 of the Principal Order to works of which the country of origin is Korea, Formosa, Japanese Saghalien or Kwantung Leased Territory the date of this Order shall be substituted for the commencement of the Act and for the commencement of the Principal Order.

(c) In the application to such works of Sections 1 (2) (d) and 19 of the Copyright Act, 1911, the date of this Order shall be substituted for the commencement of the Act in Sections 19 (7) and 19 (8) wherever that expression occurs and the 1st day of August, 1931, for the passing of the Act.

(d) In the application to such works of Section 24 of the Copyright Act, 1911, the date of this Order shall be substituted for the commencement of the Act wherever that expression occurs in Subsection 1 (a) and for the 26th July, 1910, in Subsection 1 (b).

2. This Order shall not apply to that part of the Mandated Territory of Palestine which is known as Trans-Jordan.

3. This Order may be cited as the Copyright Convention (Japanese Territories) Order, 1932.

M. P. A. HANKEY.

Schedule.

RESERVATION MADE TO THE ROME CONVENTION.

Subject.

Substituted Provisions of Berne Convention, 1886 and Additional Act, 1896.

Translating right

Article 5 of Berne Convention as amended

by Additional Act.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.

509

COLONIAL SECRETARY'S DEPARTMENT

No. 423. The following Rules relative to the granting of Patents for inventions made by Civil Servants are published for general information.

(Rules amended, see GN 222/33).

30th June, 1932.

E. R. HALLIFAX,

Colonial Secretary.

1. Any Government officer who has made an invention

(a) may, at his own expense, and

(b) shall, at the expense of the Government if so required by the Governor, lodge an application for provisional protection with the Registrar of Patents in the United Kingdom, and shall at the same time send a copy of the application to the Governor through the Head of his Department. The Governor shall decide as expeditiously as possible whether the invention shall be regarded as secret, and his decision shall be forthwith communicated to the Head of the officer's Department for the informa- tion of the officer.

2. (1) As soon as practicable, the Governor shall decide whether the officer shall or shall not be allowed controlling rights in the patent, and his decision shall be com- municated to the Head of the officer's Department for the information of the officer.

(2) Pending the decision of the Governor as to such controlling rights, all rights in the invention shall be deemed to belong to and to be held in trust for the Govern- ment.

(3) If the Governor decides that the officer shall be allowed controlling rights in the patent, the following provisions shall apply :-

(a) The officer shall, subject to the provisions of Rule 1 of these Rules, be

responsible for all expenditure in taking out the patent.

(b) The Governor may attach to his decision such conditions as he may think fit and, in particular, may reserve to the Government a right of user of the invention free of royalty, or a right to a share of any commercial proceeds, or both such rights.

(c) The officer may, whether any rights are reserved under paragraph (b) of this Rule or not, apply to the Awards Committee as constituted under paragraph 7 of these Rules (hereinafter referred to as "the Committee" through the Head of his Department for an award in respect of his invention.

(d) The question whether an award shall be made, the amount thereof, and, if a share of commercial proceeds is reserved to the Government, the amount of such share shall be determined by the Governor after investi- gation by the Committee.

4. If the Governor decides that the officer shall not be allowed controlling rights in the patent, the following provisions shall apply:-

(a) The officer shall assign all his rights in the invention to the Government. (b) The Government shall be responsible for all expenditure in taking out the

patent.

a share of any commercial proceeds.

(d) The officer may, whether he is allowed a share in the commercial proceeds or not, apply to the Committee through the Head of his Department for an award in respect of his invention.

510

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.

(e) The question whether an award shall be made, the amount thereof, and, if the Governor decides that the officer shall be allowed a share in the commercial proceeds, the amount of such share be determined by the Governor after investigation by the Committee.

　　　　5. In the event of a material change taking place in the circumstances which existed at the time when an award or allocation of commercial proceeds was made, the original decision may be modified by the Governor after further investigation by the Committee; provided that, in any such modification of the original decision, the amount of an award which has been paid shall not be reduced.

　　　　6. Where an invention is in all respects alien to the employment of the officer, he shall normally be granted the full rights in such invention.

　　　　7. There shall be constituted for the purposes of these Rules an Awards Committee which shall consist of a judicial or legal officer appointed by the Governor as Chairman and such other persons as the Governor may from time to time by notice in the Gazette appoint.

8. An officer shall be entitled at his own expense to appear personally before the Committee or to be represented in such manner as the Committee may approve.

9. All conclusions of the Committee shall be embodied in recommendations which shall be forwarded to the Governor.

　　　　10. The Committee may make Rules for regulating their proceedings, but no such Rules shall come into force until they shall have been approved by the Governor.

　　　　11. In fixing the amount of any award or of the share of any commercial proceeds reserved to the Government under Rule 3 (d) or allowed to the officer under Rule 4 (e) (as the case may be), any reasonable expenses to which an officer may have been put in connexion with his inventions shall be taken into account.

APPOINTMENT OF AWARDS COMMITTEE UNDER RULE 7.

　　　　His Excellency the Officer Administering the Government has been pleased to appoint the following to be the Awards Committee constituted under Rule 7:-

Chairman -1. The officer performing the duties of Attorney General for the

time being.

2. The officer performing the duties of Registrar of Patents for

the time being.

3. The head of Department of the officer concerned.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.

COLONIAL SECRETARY's DEPARTMENT.

To the Owner of Survey District I Lot No. 436 Section A.

511

No. 424.-Take notice that Survey District I Lot No. 436 Section A is required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

30th June, 1932.

E. R. HALLIFAX,

Colonial Secretary.

布政司夏

人選定則公斷局可代其選定一人告期滿一星期內該地業主尚未有同公斷局議定應補置若干如此通

理又該地業主須自行選舉一人會卅年政府收回公地則例修正者辦年收回公地則例卽其經一千九百其收囘至如何補置則按一千九百辦公益須由今日起限一個月內將百三十六號地段第一分現因舉通告事照得丈量約份第一約第四

爲其訂議此佈

百卅六號地段第一分與業主

右通告丈量約份第一約第四

一千九百三十二年六月三十日

九九

g 篇

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Survey District I Lot No. 437 Section A.

　　　No. 425.-Take notice that Survey District I Lot No. 437 Section A is re- quired for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbi- trators to determine the amount of compensation to be paid in respect of such resump- tion, and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

E. R. HALLIFAX,

30th June, 1932.

Colonial Secretary.

512

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30,1932.

布政司夏

百三十七號地段第一分段現因舉

通告事照得丈量約份第一約第四

辦公益須由今日起限一個月內將

其收囘至如何補置則按一千九百

同公斷局議定應補置若干如此通

理又該地業主湏自行選舉一人會卅年政府收回公地則例修正者辦

年收回公地則例卽其經一千九百

告期滿一星期内該地業主尚未有

人選定則公斷局可代其選定一人

爲其訂議此佈

一千九百卅二年六月三十日

百卅七號地段第一分與業主

右通告丈量約份第一約第四

COLONIAL SECRETARY's DEPARTMENT.

To the Owner of Survey District I Lot No. 437 Section B and C.

No.426.-Take notice that Survey District I Lot No. 437 Sections B and C are required for a public purpose and will be resumed on the expiration of one

　　　　　month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Re- sumption Ordinance, 1900, as amended by the Crown Lands Resumption Amend- ment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption, and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

E. R. HALLIFAX,

30th June, 1932.

Colonial Secretary.

布政司夏

選定一人爲其訂議此布主尙未有人選定則公斷局可代其千如此通告期滿一星期內該地業舉一人會同公斷局議定應補置若修正者辦理又該地業主須自行選千九百三十年政府收回公地則例千九百年收回公地則例即其經一月内將其收回至如何補置則按一現因舉辦公益須由今日起限百三十七號地段第二及第三分通告事照得丈量約份第一約第四

分段業主

百三十七號地段第二及第三.

右通告丈量約份第一約第四

一千九百卅二年六月三十日

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.

COLONIAL SECRETARY'S DEPARTMENT.

To the Owners of Survey District I Lot No. 437 R.P.

513

No. 427. Take notice that Survey District I Lot No. 437 R.P. is required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption, and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

E. R. HALLIFAX,

Colonial Secretary.

千

30th June, 1932.

人

爲

理

thi

爲

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Survey District I Lot No. 449.

　　No. 428.-Take notice that Survey District I Lot No. 449 is required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption, and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

30th June, 1932.

E. R. HALLIFAX,

Colonial Secretary.

514

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.

百通

布政司夏

此佈

公斷局可代其選定一人爲其訂議

星期內該地業主尚未有人選定則

議定應補置若干如此通告期滿一業主須自行選舉一人會同公斷局

收回公地則例修正者辦理又該地

地則例即其經一千九百卅年政府如何補置則按一千九百年收回公由今日起限一個月內將其收回至百四十九號地段現因舉辦公益須通告事照得丈量約份第一約第四

右通告丈量約份第一約第四

百四十九號地皮業主

一千九百卅二年六月三十日

篇

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Survey District I Lot No. 495 R. P.

　　　　No. 429.-Take notice that Survey District I Lot No. 495 R. P. is required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

30th June, 1932.

布政司夏

定則公斷局可代其選定一人爲其滿一星期內該地業主尚未有人選斷局議定應補置若干如此通告期該地業主須自行選舉一人會同公政府收回公地則例修正者辦理回公地則例即其經一千九百卅年囘至如何補置則按一千九百年收益湏由今日起限一個月內將其收百九十五號地段餘現因舉辦公通告事照得丈量約份第一約第四

篇

訂議此佈

右通告丈量約份第一約第四

百九十五號地段餘與業主

一千九百卅二年六月三十日

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.

COLONIAL SECRETARY'S DEPARTMENT.

To the Owners of Survey District No. I Lots Nos. 505, 506 and 508.

515

No. 430.-Take notice that Survey District I Lots Nos. 505, 506 and 508 are required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption, and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

E. R. HALLIFAX,

30th June, 1932.

五百零八號地段業主

一千九百卅二年六月三十日

Colonial Secretary.

布政司夏

右通告丈量約份第一約第五局可代其選定一人爲其訂議此布内該地業主尙未有人選定則公斷應補置若干如此通告期滿一星期須自行選舉一人會同公斷局議定公地則例修正者辦理又該地業主例卽其經一千九百卅年政府收回補置則按一千九百年收回公地則日起限一個月内將其收回至如何零八號地段現因舉辦公益湏由百零五號第五百零六號及第五百通告事照得丈量約份第一約第五

念

百零五號第五百零六號及第

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Survey District I Lot No. 507.

No.431. - Take notice that Survey District I Lot No. 507 is required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitra- tors to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

30th June, 1932.

E. R. HALLIFAX,

Colonial Secretary.

516

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.

布政司夏

此布

今日起限一個月內將其收回至如

百零七號地段現因舉辦公益須由

通告事照得丈量約份第一約第五

公斷局可代其選定一人爲其訂議

星期內該地業主尙未有人選定則

議定應補置若干如此通告期滿一

業主須自行選舉一人會同公斷局

收回公地則例修正者辦理又該地

則例即其經一千九百三十年政府

何補置則按一千九百年收公地

百零七號地段業主

右通告丈量約份第一第五

一千九百卅二年六月三十日

爲

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Survey District I Lots Nos. 509, 510,511, 515, 516, 517 and 519.

　　　　No. 432.-Take notice that Survey District I Lots Nos. 509, 510, 511, 515, 516,517, and 519 are required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensa- tion will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance; 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption, and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

30th June, 1932.

E. R. HALLIFAX,

Colonial Secretary.

布政司夏

此布公斷局可代其選定一人爲其訂議星期內該地業主尙未有人選定則議定應補置若干如此通告期滿一業主湏自行選舉一人會同公斷局收回公地則例修正者辦理又該地則例卽其經一千九百三十年政府何補置則按一千九百年收回公地今日起限一個月內將其收回至如一十九號地段現因舉辦公益湏由十六號第五百一十七號及第五百十一號第五百一十五號第五百一百零九號第五百一十號第五百一通告事照得丈量約份第一約第五

業主七號及第五百一十九號地段第五百一十六號第五百一十

一千九百卅二年六月三十日

百一十一號第五百一十五號百零九號第五百一十號第五右通告丈量約份第一約第五

為

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Survey District I Lot No.514.

517

　　No. 433. Take notice that Survey District I Lot No. 514 is required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbi- trators to determine the amount of compensation to be paid in respect of such resumption, and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your

behalf.

30th June, 1932.

E. R. HALLIFAX,

Colonial Secretary.

布政司夏

千千

則公斷局可代其選定一人爲其訂一星期內該地業主尙未有人選定局議定應補置若干如此通告期滿地業主須自行選舉一人會同公斷府收回公地則例修正者辦理又該地則例卽其經一千九百三十年政如何補置則按一千九百年收回公由今日起限一個月內將其收回至百一十四號地段現因舉辦公益須通告事照得丈量約份第一約第五

五

議此佈

右通告丈量約份第一約第五

一千九百卅二年六月三十日

百一十四號地段業主

COLONIAL. SECRETARY'S DEPARTMENT

To the Owner of Survey District I Lot No.518.

　　No. 434.-Take notice that Survey District I Lot.No. 518 is required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption, and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

E. R. HALLIFAX,

30th June, 1932.

Colonial Secretary.

518

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.

布政司夏

議此布

通告事照得丈量約份第一約第五

百一十八號地段現因舉辦公益湏

由今日起限一個月內將其收回至

如何補置則按一千九百年收回公

一星期內該地業主尙未有人選定

局議定應補置若干如此通告期滿

地業主須自行選舉一人會同公斷府收回公地則例修正者辦理又該

地則例卽其經一千九百三十年政

則公斷局可代其選定一人爲其訂

壹千九百卅二年六月三十日

百一十八號地與業主

右通告丈量約份第一約第五

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Survey District I Lot No. 7239.

　　　　No. 435-Take notice that Survey District I Lot No. 7239 is required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitra- tors to determine the amount of compensation to be paid in respect of such resumption, and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve

on your

behalf.

30th June, 1932.

E. R. HALLIFAX,

Colonial Secretary.

布政司夏

定則公斷局可代其選定一人爲其滿一星期內該地業主尙未有人選斷局議定應補置若干如此通告期該地業主湏自行選舉一人會同公政府收回公地則例修正者辦理回公地則例卽其經一千九百卅年囘至如何補置則按一千九百年收益須由今日起限一個月內將其收千二百三十九號地段現因舉辦公通告事照得丈量約份第一約第七

訂議此佈

一千九百卅二年六月三十日千二百三十九號地段業主

右通告丈量約份第一約第七、

;

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30,1932.

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Survey District I Lot No.7240..

519

No.436-Take notice that Survey District I Lot No. 7240 is required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption, and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

30th June, 1932.

E. R. HALLIFAX,

Colonial Secretary.

布政司夏

蝦

定則公斷局可代其選定一人爲其滿一星期內該地業主尙未有人選斷局議定應補置若干如此通告期該地業主須自行選舉一人會同公政府收回公地則例修正者辦理叉公地則例卽其經一千九百三十年至如何補置則按一千九百年收回須由今日起限一個月内將其收回千二百四十號地與現因舉辦公益通告事照得丈量約份第一約第七

訂議此布

千二百四十號地段業主

右通告丈量約份第一約第七

一千九百卅二年六月三十日

七篇

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Survey District I Lot No. 7241.

No. 437-Take notice that Survey District I Lot No. 7241, is required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption, and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

30th June, 1932.

E. R. HALLIFAX,

Colonial Secretary.

520

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.

其

布政司通告事照得丈量約份第一約第七

千二百四十一號地毘現因舉辦公

益須由今日起限一個月內將其收

又該地業主須自行選舉一人會同年政府收回公地則例修正者辦理回公地則例卽其經一千九百三十

囘至如何補置則按一千九百年收

業收

公斷局議定應補置若干如此通告

選定則公斷局可代其選定一人爲

期滿一星期內該地業主尚未有人

藝訂議此佈

千二百四十一號地段業主

右通告丈量約份第一約第七

一千九百三十二年六月三十日

篇

TREASURY.

Liquor and Tobacco Duties.

No. 438.-In accordance with the Resolutions passed by the Legislative Council on the 26th day of February, 1931, I hereby give notice that the figure representing the

average opening selling rates for the month of June, 1932, of the Hong Kong and Shanghai Banking Corporation for demand drafts on London is settled at 15.07.

30th June, 1932.

EDWIN TAYLOR,

Colonial Treasurer.

LAND REGISTRY OFFICE.

No. 439. It is hereby notified for general information that a Memorial of Re- entry by the Crown on Irland Lot No. 1837 has been registered according to law.

27th June, 1932.

PHILIP JACKS,

Land Officer.

THE CROWN LANDS RESUMPTION ORDINANCE, 1900.

No. 440. It is hereby notified, pursuant to section 16 (2) of the Crown Lands Resumption Ordinance, 1900, that awards have been made in respect of the resumption of the undermentioned lots in Survey District I of the New Territories as follows:--

Lot No. 7207.... Lot No. 7210.

$ 543.50 1,130.14

and that the District Officer, South, a Government Officer, is hereby appointed to pay the compensation so awarded together with interest thereon as prescribed by the said

　　Ordinance, at his office, and during the Government office hours between 11 o'clock in . the forenoon and 4 o'clock in the afternoon of Thursday, the 14th day of July, 1932. If no claim be made for the compensation monies at the place, and within the time appointed the officer appointed as above will cause the monies unclaimed to be paid into the Treasury, and the provisions of section 16 (5) and (6) of the said Ordinance as to claims within five years, or transfer, thereafter, to the general revenue of the Colony, as the case may be, will apply to the said monies.

HAROLD T. CREASY,

Director of Public Works.

30th Jume, 1932.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.

The Crown Lands Resumption Ordinances, 1900 and 1930.

521

No. 441.-It is hereby notified, under section 6 of the Crown Lands Resump- tion Ordinance, 1930, that the Board of Arbitrators appointed to determine the amount of compensation to be paid in respect of the resumption of Sub-sections Nos. 1 and 3 of Section G of Lot No. 914 and Lots 2893 and 3168 all in Survey District IV, is constituted as follows :-

Mr. PHILIP JACKS, Justice of the Peace, Chairman.

Mr. ARTHUR GEORGE WARNHAM TICKLE, J.P., nominated by His Excellency the

Officer Administering the Government.

Mr. ERNEST MANNING HAZELAND, Architect and Civil Engineer, nominated by the

Chairman on behalf of the owners.

　　It is hereby further notified that the Chairman hereby appoints Thursday, the 14th day of July, 1932, at 2.15 o'clock in the afternoon, at the Sanitary Board Room, Post Office Buildings, Hong Kong, as the time and place for the Board to commence its sittings.

Any person claiming compensation, whether as owner or otherwise, by reason of such resumption must at least two days before the commencement of the sittings of the Board, transmit to the Colonial Secretary, for transmission to the Board, a written claim stating the nature of his right or interest in the land and the amount which he seeks to

recover.

29th June, 1932.

PHILIP JACKS,

Chairman of the Board of Arbitrators.

布其補

憲示第四百四十一號

一仟九百年及一千九百卅年收回政府公地則例

第例

决斷茲將所委公斷人開列於左告於眾至應補回補償費若干則現經委定公斷人組織公斷局俾得秉公號及第三號分段第二千八百九十三號及第三千一百六十八號地段佈政府所擬收回第四號丈量約份第九百一十四號地與G 字分之第一啟者茲按照一仟九百三十年則例卽收回政府公地則例第六條規定將

太平紳士

工畫

師及

狄翟開

路仕

先先

希仕倫先生

主席

由護督指派

由主席代業主指派

因星

該期

地四

日收日

布政司轉交公斷人審查此佈其對於收回之地所有權利之詳情及欲取回補置費若干繕列清楚遞呈補置者無論其爲業主或別項人等須先於公斷人開始叙會二日之前將點十五分鐘在清淨總局内堂開始叙會審查該事如有因該地收回欲求本主席現定於一千九百三十二年陽曆七月十四號即星期四日下午兩

求兩

公斷局主席翟仕啟

一千九百三十二年六月十九日

發於香港臬署

522

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.

No. 442.

COMPARATIVE STATEMENT OF THE REVENUE AND EXPEN

Revenue from

Estimates.

1st to

Revenue for same

Actual Revenue to

Revenue

for same

Heads of Revenue.

31st

1932.

March,

period of preceding

1932.

year.

31st March, 1932.

period of

preceding

year.

Duties.

7,890,000

1,111,163.09

381,277.05

2,139,769.93

1,413,765.94

Port and Harbour Dues.....

793,000

70,559.81

68,850.78

199,307.28 192,746.50

Licences

and Revenue not otherwise

Internal

specified

16,234,110

1,370,703.89 1,110,220.27

4,509,575.42 3,983,965.29

Fees of Court or Office

Payments for specific

　purposes, and Reim- bursements in Aid.

2,122,100

347,800.75 307,736.94

715,526.58

621,967.83

Post Office

2,340,000

158,961.27

151,475.20

476,855.47 474,217.42

Kowloon-Canton Railway...

1,100,000

115,230.13

109,704.82

344,807.41

307,014.45

Rent of Government Pro-

perty, Land and Houses...

1,407,300

26,763.64

21,903.25

258,420.35 219,888.36

Interest

150,000

5,051.77

18,938.72

25,469.31

89,353.59

Miscellaneous Receipts......

205,000

57,878.68

31,885.05

79,422.36

71,942.54

Total (exclusive of Land

Sales)

32,241,510 3,264,113.03 2,201,992.08 8,749,154.11 7,374,861.92

Land Sales (Premia on New

Leases)

1,750,000

71,737.89 222,062.63 306,805.06 567,583.10

TOTAL.........$ 33,991,510 3,335,850.92 2,424,054.71 9,055,959,17 7,942,445.02

28th June, 1932.

523

TREASURY.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.

DITURE FOR THE PERIOD ENDED 31ST MARCH, 1932.

Estimates,

Heads of Expenditure.

1932.

Expenditure from 1st to 31st

March, 1932.

Expenditure for same period of preceding

year.

Actual Expenditure

to 31st March, 1932.

Expenditure for same period of preceding

year.

H. E. the Governor

209,720

11,773.20

14,940.96

35,172.90

Cadet Service

755,321

41,290.36

53,151.61

128,145.89

45,470.19 155,412.58

Senior Clerical and Ac-

counting Staff

409,634

21,044.89

31,421.86

68,931.28

82,810.11

Junior Clerical Service

973,480

77,726.84

73,692.79

225,709.73

219,691.13

Colonial Secretary's Office

and Legislature

78,946

4,527.83

6,560.69

14,284,80

19,652.55

Secretariat

for Chinese

Affairs

27,938

2,284.29

1,519.22

7,149.38

4,699.35

Treasury

115,580

4,876.72

4,565.25

37,504.71

21,004.18

Audit Department

97,054

4,407.61

6,384.31

16,633.41

20,524.71

District Office, North

26,867

1,109.63

1,817.56

5,328.11

5,240.72

Do., South

13,644

838.75

1,100.69

2,352.74

3,157.54

Communications :-

(a) Post Office

448,592

53,864.78

47,883.44

138,604.70

52,698.30

(b) Do. Wireless

Telegraph Service.

156,604

11,886.08

11,449.08

34,930.91

34,240.38

Imports and Exports

Office

802,437

123,832.60

26,067.60

159,156.89

94,320.06

Harbour Department

1,298,865

69,020.43

85,110.91

193,236.43

212,656.42

Do.

Air

Service

Royal Observatory

Fire Brigade...

52,807

937.33

1,014.59

2,639.47

2,962.21

88,160

5,529.99

6,165.00

17,081.57

19,045.09

363,965

21,639.74

15,507,63

55,053.78

47,127.00

Supreme Court.....

209.300

14,992.60

16,184.88

39,069.75

59,521.72

Attorney General.

50,190

3,708.27

4,288.35

11,057.29

12,806.28

Crown Solicitor's Office

70,668

2,820.39

4,611.59

12,910.11

13,394.47

Official Receiver

24,641

1.456.37

1,779.60

4,377.32

5,828.80

Land Office

48,604

2,946.86

1,671.02

8,622.76

6,201.00

Magistracy, Hong Kong...

2,274

158.29

139.34

450.07

422.45

Do., Kowloon

2,117

67.00

153.58

281.02

407.92

Police Force

3,075,359

212,619.92

275,599.14

592,163.23.

755,259.90

Prisons Department.

942,910

58,794.77

64,035.85

180.821.84

175,071.99

Medical Department

1,628,764

111,619.96

108,514.69

321,103.34

320,129,48

Sanitary Department

1,033,504

63,900.37

69.524.00

186,636.78

185,131.38

Botanical and Forestry

Department

129,070

9,939.64

9,417.50

26,978.19

29,636.84

Education Department

2,046,096

135,546.39

278,137.11

538,464.74

525,974.02

Kowloon-Canton Railway..

959,025

64,334.26

66,128.30

215,715.68

201,650.43

Defence:

•

(a) Volunteer

Defence

Corps

132,949

13,948.70

20,675.22

24,431.39

31,711.67

(b) Military

Contribu-

tion

6,366,567

Miscellaneous Services

1,452,481

Charitable Services ...

175,762

487,032.08 196,967.80 Cr.

| 3,863.43

388,128.25 6,166.67 4,635.87

1,461,096.24

1,164,384.75

378,567.45 10,773.20

456,673.93

12,959.72:

Charge on Account of

Public Debt ....

1,973,307

Cr.

12.66

Pensions

1,708,000

89,885.71

Public Works Department.

2,335,114

164,431.21

Do., Recurrent......

1,521,800

112,340.93

110,932.33 202,073.33 77,505.70

290,971.79 369,565.22 473,499.53 195,431.18

519,855.84

152,161.09)

31,808,116

Do., Extraordinary.

2,173,545

33,981,661

2,207,966.02 117,877.62

2,325,843.64

2,086,322.17 93,077.04

2,179,399.21

6,115,339.60 205,528.40

6,039,448.76

208,978.29

6,320,868.00

6,248,427.05

Expenditure from Surplus

balances

1,000,000

500,000.00

TOTAL.........$

34,981,661 2,325,843.64 2,179,399.21 | 6,820,868.00

6,248,427.05

EDWIN TAYLOR,

Treasurer.

524

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.

TREASURY.

No. 443-Financial Statement for the month of March, 1932.

REVENUE AND EXPENDITURE.

Excess of Assets over Liabilities on 29th February, 1932.

Revenue from 1st to 31st March, 1932...

Expenditure from 1st to 31st March, 1932

.$ 12,572,713.36 3,335,850,92

$ 15,908,564.28 2,325,843.64

Balance

$ 13,582,720.64

Assets and Liabilities on the 31st March, 1932.

LIABILITIES.

ASSETS.

Deposits:

Contractors

and Officers

Deposits

366,549.81

Suitors Fund

580,632.17

Advances :-

On account of Future Loan..... Purchase of three Locomo- tives for Chinese Section, Kowloon-Canton Railway.

Miscellaneous

3,179,529.39

447,468.26

85,149.83

Miscellaneous Deposits

2,493,182.04

Building Loans

1,032,924.31

Postal Agencies

2,178.27

Imprest Account

42,873.58

Suspense Account

929,671.85

Subsidiary Coins......

1,121,634.11

Exchange Adjustment

2,084.98

House Service Account

14,352.23

Trade Loan Reserve

1,073,179.88

Investments :-

Praya East Reclamation

138,386.61

Surplus Funds....:.

1,363,434.80

Coal Account

19,194.23

Crown Agents Remittances

48,304.92

Trade Loan Outstanding

1,102,229.76

Total Liabilities

5,605,059,84

Unallocated Stores, (P.W.D.).......

480,935:39

Unallocated Stores, (K.C.R.)

166,863,98

Excess of Assets over Liabi-

lities

13,582,720.64

Lorry Haulage Account.

9,757.14

Cash :-

Treasurer

Crown Agents Joint Colonial Fund On Fixed Deposit

4,411,473.22

27,239.50

4,194,243.54

1,459,366.52

TOTAL.........$

19,187,780.48

TOTAL........

19,187,780.48

28th June, 1932.

* Joint Colonial Fund............£296,000 Os. Od.

EDWIN TAYLOR,

Treasurer,

DRY SEASON.

TOTAL..

WET SEASON.

SEASON.

363.27

MONTH.

No. 444.

POKFULUM.

ABERDEEN.

TAITAM.

Table XLIII.

(Mr. Chadwick's Report of 10th April, 1902, paragraphs 25 and 26.)

CITY OF VICTORIA AND HILL DISTRICT WATERWORKs.

Details of Contents of Reservoirs, arranged according to the Rain Year 1931-1932. Figures are in Millions of Gallons to two places of decimals.

WONG-NEI-CHONG.

TAITAM INTERMEDIATE AND TYTAM TUK.

Main.

Upper

Bye-

wash.

Inter-

Lower

mediate.

Tytam

Tuk.

In Re-

servoir

De-

livered

Reser-

Reser- De-

voir

livered

In Re-

De-

livered

In Re-

servoir

De-

livered

In Re-

1st of

Month.

over

1st of

over

servoir

over 6'0"

Gauge.

Month.

Month. Gauge.

1st of

Gauge.

1st of

Month.

over

servoir

Gauge.

Month.

1st of

Month.

servoir

1st of

Month.

Pumped

into

Gauge

Basin.

Total Contents of

Impounding Reservoir 1st of Month.

Wong-nei-chong

10" intake.

Balance due to Streams leakage, etc.

CONSUMPTION.

Island Reservoirs (Filtered.)

From

Mainland.

From

(Filtered).

Total

PUBLIC WORKS DEPARTMENT.

Unfiltered

supplies.

Grand

Total.

Rainfall.

May

32.32 31.81

223.93

June

46.58 55.94

200.74

July

52.54 66.81

174.08

Aug.

45.50 70.30 38.21

Sept.

57.66 62.73 55.66

Oct.

Νον.

103.05 619.75 30.92 5.19 .98 190.84 11.84 18.22 150.34 727.68 23.29 1,138.16 8.26 .30 219.32 6.55 17.93 195.90 890.50 68.87 1,319.87 12.02 37.81 215.02 5.70 162.05 9.46 14.66 195.90 1,065.75 1,575.54 16.27

34.48 349.36 2.80 176.49 22.10 17.22 195.90 1,419.00 2,102.48 | 20.37 57.30 26.67 124.17 80.00 35.59 366.62 18.80 215.87 29.30 10.95 195,90 1,419.00 82.54 2,291.09 14.05 44.12 11.01 108.24 79.34 26.39 295.90 7.96 240.17 18.18

3.65 195.77 10.67 13.45

993.37

.37

246.59

95.03

341.62

3.44

345.06

12.000

+ 8.97

282.23

83.22

365.45

3.15

368.60 11.600

+ 40.79

356.87

74.48

431.35

3.26

434.61

9.860

+ 28.71

329.80 |

66.42

396.22

3.71

399.93

14.270

+ 11.09

322.38

64.73

387.11

3.75

390.86 13.430

4.57

298.56

83.05

381.61

4.67

386.28

.730

195.90

1,349.24 222.99

2,098.88 7.77

7.72

277.62 75.58

353.20

3.46

356.66

.965

Dec.

37.32

5.55 128.04 34.41 34.28 298.31

1.22 236.41 15.17

195.43

1,135.75 238.45 1,845.65

5.98

3.56

278.66

66.14

344.80

4.18

348.98

4.555

Jan.

43.58

9.77 123.14

36.28 311.08

1.16 217.00 13.46

79.10

1,042.01 186.17

1,613.53

4.26

8.73

258.58

56.15

314.73

5.59

320.32

Feb.

33.84 8.89 85.15

23.43 289.32

1.87 204.34 10.74

44.35

896.50 176.85

1,361.77

3.36

3.49

236.53

1.56

238.09

4.38

242.47 2.535

Mar.

25.66

9.27 66.20

32.60 265.04

.73 186.59

8.81

46.10

727.68 157.77

1,140.22 3.01

9.98

221.49 27.15

248.64

4.77

253.41

2.200

April.. 16.65

4.52 34.90

16.88 189.20

.46 227.84

6.69

47.10

627.33

190.61

922.33

2.47

3.51

248.20

4.10

252.30 3.700

*Note.---Sources of unFILTERED SUPPLIES ARE BLUE POOL.

277.74

REMARKS:---Constant house supply in all Rider Main Districts throughout the year with the following exception :---

From 16th January to 30th April inclusive, All Rider Mains closed and a constant street fountain supply was given to all Rider Main Districts.

30th June, 1932.

2,472.69

92.43

1,378.46

103.01 + 48.37

3,357.51 693.51

4,051.02 48.46 4,099.48

75.845

4.28

MINT DAM

.40

POKFULUM CONDUIT AND DAIRY FARM INTAKE. .38.30

BOWEN ROAD CONDUIT. ..5.48.

Estimated population for whole year..

.382,000.

a total of 235 days.

Consumption per head per day for whole year

.29·0 (including trade supply).

Tytam Tuk Pumps worked for various periods from 1st May to 30th April inclusive:

HAROLD T. CREASY,

Water Authority.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.

525

528

THE HONG KONG GOVERNMENT GAZETTE, JULY 8, 1932.

No. 445.

EXECUTIVE COUNCIL.

Hong Kong.

ORDINANCE No. 10 of 1899. (MERCHANT SHIPPING).

In exercise of the powers conferred by section 37 of the Merchant Shipping Ordinance, 1899, the Governor in Council makes the undermentioned further additions to and amend- ment of Table E in the Schedule to the Merchant Shipping Ordinance, 1899 :--

Additions.

Add to the regulations in Table E:--

42. No motor boat shall, except with the permission in writing of the Harbour Master, ply for hire at or receive any passenger from any public pier or wharf, or lie or moor or anchor within a distance of one hundred yards from any public pier or wharf : Provided that nothing in this regulation shall operate to prohibit the landing of any passenger at a public wharf or pier or the mooring of any motor boat alongside any private pier or wharf which may be at a distance of less than one hundred yards from any public pier or wharf: And Provided also that this regulation shall not apply to any motor boat on an occasion when it has been hired beforehand solely for picnic or like pleasure purposes or to any motor boat which has been licensed by the Governor to use public piers or wharves or any of them and which is using or about to use the same in accordance with such licence.

43. Notwithstanding anything contained in regulation 24 of these regulations there shall be payable to the Harbour Master by the holder of every permit granted under the preceding regulation a fee of Five dollars for every month or part of a month for which such permit shall be issued.

Every permit shall at all times, except when otherwise provided by law, be kept on board the motor boat for which it is issued, and shall be produced on demand to any harbour, police or revenue officer.

Every permit shall be subject to cancellation at the discretion of the Harbour Master.

44. The following is the maximum scale of hire for motor boats within Harbour limits irrespective of the num- ber of passengers carried:-

THE HONG KONG GOVERNMENT GAZETTE, JULY 8, 1932.

Between 7 a.m.

Period.

and midnight.

Between midnight and

7 a.m.

$ c.

Not exceeding 30 minutes

1.20

1.40

Exceeding 30 minutes but not

exceeding 45 minutes

1.80

2.10

Exceeding 45 minutes but not

exceeding one hour

2.20

2.60

Exceeding one hour but not exceeding

one and a half hours

3.00

3.30

For every subsequent hour or part

of an hour

2.00

2.20

Waiting time, with engine shut off, for every quarter hour or part thereof

0.30

0.40

The periods, other than waiting time, shall be calculated from the time of starting the engine until the time when the motor boat could return to the place of hiring.

Waiting time shall be deducted from the gross period of the trip and shall be paid for at the prescribed rate.

A copy of this regulation shall be exhibited in every motor boat plying for hire.

Amendment.

In regulation 13 in Table E delete the words "and motor boats".

COUNCIL CHAMBER,

30th June, 1932.

D. W. TRATMAN,

Clerk of Councils.

529

530

THE HONG KONG GOVERNMENT GAZETTE, JULY 8, 1932.

No. 446.

Hong Kong.

The Merchant Shipping Ordinance, 1899, Ordinance No. 10

of 1899, Table L, Quarantine Regulations.

It is hereby declared by order of His Excellency the Governor in Council that Swatow is a place at which an infectious or contagious disease, namely, cholera, prevails.

COUNCIL CHAMBER,

5th July, 1932.

No. 447.

D. W. TRATMAN,

Clerk of Councils.

Hong Kong.

The Merchant Shipping Ordinance; 1899, Ordinance No. 10

of 1899, Table L, Quarantine Regulations.

It is hereby declared by order of His Excellency the Governor in Council that Tientsin is a place at which an infectious or contagious disease, namely, cholera, prevails.

COUNCIL CHAMBER,

No. 448

6th July, 1932.

D. W. TRATMAN,

Clerk of Councils.

Hong Kong.

The Merchant Shipping Ordinance, 1899, Ordinance No. 10

of 1899, Table L, Quarantine Regulations.

It is hereby declared by order of His Excellency the Governor in Council that Amoy is a place at which an infectious or contagious disease, namely, cholera, prevails.

D. W. TRATMAN,

Clerk of Councils.

COUNCIL CHAMBER,

7th July, 1932.

THE HONG KONG GOVERNMENT GAZETTE, JULY 8, 1932.

No. 449.

Hong Kong.

ORDINANCE No. 5 of 1922. (EMERGENCY REGULATIONS).

In exercise of the powers conferred by section 2 of the Emergency Regulations Ordinance, 1922, the Governor in Council makes the following regulations :

Precention and Mitigation of Cholera,

1. No hawker, whether licensed or otherwise, shall sell or expose for sale or offer for sale any fresh fruit unless the same is whole, that is to say, uncut and unpeeled.

2. No hawker, whether licensed or otherwise, shall sell or expose for sale or offer for sale ice cream, or any frozen or chilled preparation commonly known as "ice cream" unless he holds a permit in writing in that behalf signed by the Head of the Sanitary Department and by the Medical Officer of Health issued to him after the date of this regulation.

3. No hawker, whether licensed or otherwise shall sell or expose for sale or offer for sale any non-aerated drinks, in the preparation of which fruit juice or herbs (other than tea) are used, unless he holds a permit in writing in that behalf signed by the Head of the Sanitary Department and by the Medical Officer of Health issued to him after the date of this regulation.

4. No hawker, whether licensed or otherwise shall sell or expose for sale or offer for sale any of the jellies known. as Leung Fan () and Man Tau Lo() unless he holds a permit in writing in that behalf signed by the Head of the Sanitary Department and by the Medical Officer of Health issued to him after the date of this regulation.

5. Every person who contravenes any of these regulations shall upon summary conviction be liable to a fine not exceeding one hundred dollars.

COUNCIL CHAMBER,

7th July, 1932.

D. W. TRATMAN,

Clerk of Councils.

531

532

THE HONG KONG GOVERNMENT GAZETTE, JULY 8, 1932.

APPOINTMENTS, &c.

No. 450.-His Excellency the Officer Administering the Government has been pleased to make the following appointment in the Anti-Aircraft Light Automatic Company of the Hong Kong Volunteer Defence Corps, with effect from 24th June, 1932:

No. 1844 Private JOHN CAMPION DUNBAR to be Lieutenant.

5th July, 1932.

No. 451.-His Excellency the Officer Administering the Government has been pleased to appoint Mr. RICHARD MCNEIL HENDERSON, M. Inst. C.E., M.I. Mech. E., to act as Director of Public Works, with effect from the 2nd July, 1932.

7th July, 1932.

No. 452.--Ilis Excellency the Officer Administering the Government has been pleased to appoint, provisionally and subject to His Majesty's pleasure, Mr. RICHARD MCNEIL HENDERSON to be temporarily an Official Member of the Executive and Legislative Councils, with effect from the 2nd July, 1932.

7th July, 1932.

No. 453.-His Excellency the Officer Administering the Government in accordance with section 10 of the Public Health and Buildings Ordinance, 1903, Ordinance No. 1 of 1903, has been pleased to appoint the Hon. Mr RICHARD MCNEIL HENDERSON to be Vice- President of the Sanitary Board while acting as the Director of Public Works.

7th July, 1932.

No. 454.-His Excellency the Officer Administering the Government has been pleased to recognise, provisionally and pending instructions from the Secretary of State for the Colonies, Mr. MANUEL RIVERA IGLESIAS as in charge of the Consulate General for Peru in Hong Kong.

7th July, 1932.

No. 455. His Excellency the Officer Administering the 'Government has been. pleased, under instructions from the Secretary of State for the Colonies, to appoint Mr. CHARLES WILLIAM JEFFRIES, F.R.A.S., to be Director of the Royal Observatory, Hong Kong, with effect from the 9th of July, 1932.

8th July, 1932.

No. 456. His Excellency the Officer Administering the Government has been pleased, under instructions from the Secretary of State for the Colonies, to appoint Mr. BENJAMIN DAVIES EVANS, F.R.A.S., to be Assistant Director of the Royal Observatory, Hong Kong, with effect from the 9th of July, 1932.

Sth July, 1932.

THE HONG KONG GOVERNMENT GAZETTE, JULY 8, 1932.

NOTICES.

533

SUPREME COURT.

No. 457. It is hereby notified for general information that, pursuant to section 5 of the Criminal Procedure Ordinance, 1899, His Honour the Chief Justice has ordered that the next Criminal Sessions for the despatch of the business of the Court shall be held on Tuesday, the 2nd day of August, 1932, at 10 o'clock in the afternoon.

5th July, 1932.

E. P. H. LANG,

Registrar.

MEDICAL DEPARTMENT.

　　　No. 458.-The following additions to the Register of Medical Practitioners entitled to practise Medicine in this Colony, published in Government Notification No. 282 of the 4th May, 1932, pursuant to the Medical Registration Ordinance, 1884, is published for general information :----

PERSONS QUALIFIED TO PRACTISE MEDICINE.

NAME.

ADDRESS.

QUALIFICATION,

DATE OF QUALIFICATION.

Tsai Ai Le

St. John's Hall, University.

蔡愛禮

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

22nd June,

1932.

Loh Mung Sun

c/o P. & O. Banking Corporation.

Licentiate of the Royal College of Phy-

1917.

盧明新

sicians and Licentiate of the Royal College of Surgeons, Edinburgh. Licentiate of the Royal Faculty of Phy- sicians and Surgeons of Glasgow.

1917.

7th July, 1932.

A. R. WELLINGTON,

Director of Medical & Sanitary Services.

LAND REGISTRY OFFICE.

No. 459.-It is hereby notified for general information that a Memorial of Re-entry by the Crown on Kowloon Inland Lot No. 2634 has been registered according to law.

29th June, 1932.

PHILIP JACKS,

Land Officer.

534

THE HONG KONG GOVERNMENT GAZETTE, JULY 8, 1932.

DISTRICT OFFICE, SOUTH.

No. 460.-It is hereby notified for general information that Memorial of Re- entry by the Crown on Lot No. 84 in Lantao Plateau has been registered according to law.

7th July, 1932.

B. C. K. HAWKINS, District Officer, Southern District.

DISTRICT OFFICE, SOUTH.

No. 461.It is hereby notified for general information that Memorial of Re- entry by the Crown on Lot No. 331 in Lantao Island Demarcation District No. 302 has been registered according to law.

7th July, 1932.

B. C. K. HAWKINS, District Officer, Southern District

THE CROWN LANDS RESUMPTION ORDINANCE, 1900.

No. 462.-It is hereby notified, pursuant to section 16 (2) of the Crown Lands Resumption Ordinance, 1900, that awards have been made in respect of the resumption of the undermentioned lots in Ma Tau Wei Village as follows:

Lot No. 19.

Lot No. 35..

$ 378.57

405.82

Lot No. 40..

755.72

Lot No. 89.

377.10

Lot No. 27..

656.00

Lot No. 56..

281.55

Lot No. 90 Section A

614.70

Lot No. 12..

1,398.85

Lot No. 13...

2,598.13

677.05

772.05

Lot No. 63..

Lot No. 54...

Lot No. 55.....

756.17

and that the Land Officer, a Government Officer, is hereby appointed to pay the compen- sation so awarded together with interest thereon as prescribed by the said Ordinance, at his office, and during Government office hours between 11 o'clock in the forenoon and 4 o'clock in the afternoon of Thursday, the 14th day of July, 1932. If no claim be made for the compensation monies at the place, and within the time appointed the officer appointed as above will cause the monies unclaimed to be paid into the Treasury, and the provisions of section 16 (5) and (6) of the said Ordinance as to claims within five years, or transfer, thereafter, to the general revenue of the Colony, as the case may be, will apply to the said monies.

Sth July, 1932.

R. M. HENDERSON,

Director of Public Works.

THE HONG KONG GOVERNMENT GAZETTE, JULY 8, 1932.

535

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　No. 463. It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909 :---

Number

Marks.

Date of Registration.

Names and Addresses of Owners.

Period of Renewal.

Classes in which renewed.

File Nos.

No. 129 of 1918.

26th June, 1918.

Wo Shing Tseung

118, Jervois Street,

26th June,

1946.

64 of 1932.

Hong Kong.

No 27 of 1890.

3rd July, 1890.

Cheppell, Allen & Company, Ltd., Patriotic Corset Works,

Redfield, Bristol,

England.

3rd July,

1946.

74 of 1932.

No. 62 of 1904.

8th July, 1904.

Nestle and Anglo-Swiss Condensed Milk Company, of Cham and

8th July, 1946,

75 of 1932.

Sth July, 1932.

Vevey, Switzerland, and

St. George's House, 6 and 8, Eastcheap, London, E. C. England.

E. L. AGASSIZ, Registrar of Trade Marks.

538

THE HONG KONG GOVERNMENT GAZETTE, JULY 15, 1932.

EXECUTIVE COUNCIL.

No. 464.

Hong Kong.

ORDINANCE No. 4 of 1899. (PRISONS).

In exercise of the powers conferred by section 18 of the Prisons Ordinance, 1899, the Governor in Council further amends the Prison rules set forth on pages 181 to 257 of the Regulations of Hong Kong, 1844-1925, by adding to rule 239 the following words:-

"provided that when any untried prisoner, who has not previously been convicted of any offence, shall have been photographed and measured, if he be discharged by a magistrate or acquitted upon his trial, all photographs (both negatives and copies), finger print impressions and records of weight or measurement so taken, shall be forthwith destroyed or handed over to such prisoner."

D. W. TRATMAN,

COUNCIL CHAMBER,

10th July, 1932.

Clerk of Councils.

NOTICES.

COLONIAL SECRETARY'S Department.

No. 465.-It is hereby notified that the undermentioned street will in future be known by the name indicated against it:

DESCRIPTION.

FUTURE NAME.

CHINESE VErsion.

Street commencing at Hak Po Street and running East to its junction with Yim Po Fong Street, between Shan Tung Street and Soy Street.

·15th July, 1932.

Pak Po Street.

白布街

E. R. HALLIFAX,

Colonial Secretary.

THE HONG KONG GOVERNMENT GAZETTE, JULY 15, 1932.

No. 466.

THE OFFICE OF THE REGISTRAR OF MARRIAGES THE LAND OFFICE.

It is hereby notified for general information that The Wantsai Church, No. 33, Wantsai Road, has been licensed by His Excellency the Officer Administering the Government to be a place for the Celebration of marriages in pursuance of Section 3 of The Marriage Ordinance, 1875.

PHILIP JACKS,

Registrar of Marriages.

14th July, 1932.

一千九百三十二年七月十四日

現經

婚姻註册官

翟

佈告車照得灣仔道三十三號灣仔禮拜堂

年婚姻則例第三節舉行結婚之地點合行督發給牌照以爲按照壹千八百七十五

佈告俾衆週知此佈

539

MEDICAL DEPARTMENT.

No. 467.---The following addition to the

　　　　　　　　　　　　　　　　　　　　　Register of Medical Practitioners entitled to practise Medicine in this Colony, published in Government Notification No. 282 of the 4th May, 1932, pursuant to the Medical Registration Ordinance, 1884, is published for general information :-

PERSON QUALIFIED TO PRACTISE MEDICINE.

NAME.

ADDRESS.

Khoo Fun Yong

Government Civil Hospital

丘煥揚

14th July, 1932.

QUALIFICATION.

Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

DATE OF QUALIFICATION.

25th May,

1932.

A. R. WELLINGTON,

Director of Medical & Sanitary Services.

540

THE HONG KONG GOVERNMENT GAZETTE, JULY 15, 1932.

ROYAL OBSERVATORY.

　　　　No. 468.-Extract of Meteorological Observations made at the Royal Observatory, Hong Kong, during the month of June, 1932.

DATE.

BAROMETER

AT M.S.L.

TEMPERATURE.

HUMIDITY.

Max.

Mean. Min.

Rel.

Abs.

CLOUDINESS.

SUNSHINE.

WIND.

RAIN.

Mean Mean

Dir.

Vel.

Miles

June

ins.

p. c.

ins.

p. c.

hrs.

ins.

Points.

p.h.

29.88

85.0 80.8

78.5

0.91

6.5

0.035

12.6

.84

84-7

80.5

76.3

.90

3.4

I.120

E by N

13.0

3,.

.84

80.8

79.1

76.4

.91

0.3

1'940

15.7

.82

81.7

79.7

77.8

.90

O.I

1.980

SE by E

12.7

.76

5,.

87.2

82.2

79.4

.88

7.I

...

4.1

6,.

.74 87.0

82.0

78.5

.90

5.8

0.135 SSW

3.0

.73

88.1

82.8

78.9

.94

4.3

0.470

3.5

8,..

.70

82.5

79.9

77-3

.93

0.6

1.930

7.7

.66

82.0

9,...

79.8

78.0

.91

0.7

2.070

5.2

10,.

.63

84.9

81.1

77.6

.94

0.3

0.640

S by E

6.7

{1,.

12,.

13,

14,.

15, 16,.

17,

18,..

....

.59 82.5

79.9 77.9 88

.90

0.825

S by E

4.3

.51

85.9

80.2 78.9 89

.92

100

1.620

WSW

6.7

.50

89.0

82.2

77.3 $7

.95

7.8

1.770

W by S

7.5

....

.58

83.0

....

79.9

78.1

.95

100

5.750

W by S

4.2.

.69

81.9

79.3

77.4 93

.92

2.355

3.9

.76

87.1

82.5

78.1

.97

1.4

0.045

4.9

.77

89.7

84.3

81.0

.95

10.4

S by W

6.1

.77 89.2

84.0

81.7 80

.94

7.9

S by W

5.2

19,.

.76

85.6

82.6

78.0 87

.96 96

1.180

SSW

10.5

20,

.77

89.0

84.5

82.2

.97 89

9.2

0.020

SS W

13.9

21,

.81 89.4

84.1

82.3 82

.96

4.6

0.055

SW by S

13.2

22,.

.84

88.2

84.6

82.6

.97

6.2

SW by S

11.0

.81

23,.

89.9

84.6

82.1

.93

24..

-75 88.0

84.1 82.1 78

.92

7-00

9.8

SW by S

10.7

9.7

SW by S

II.I

25,.

...

.73

87.1

83.7

82.0

.92

9.4

0.095

SSW

9.7

•

26,.

.72

88.4 84.7

82.6

.95

7.5

0.050

SSW

10.7

27,

-73

86.6 82.5

77.2

.92

1.3

0.245

SW by S

9.6

28,.

-73

84.0

80.6 78.0 87

.91

0.1

0.950

ESE

2.6

29,

.76 88.2

30,.

.73

83.9

79.9

81.5 78.6 87 76.9 88

.93 78

.90

1.4

0.005

ESE

8.5

6.1

0.005

12. I

Mean,... 29.73

86.0

81.9 79.1 85 0.93 89 121.9 25.290

S by E

8.3

MEANS AND EXTREMES FOR JUNE :-

　　　Maximum,. Normals,

Minimum,

29.86

87.2 82.9 79.7 86 29.76 85.3 81.0 77.7 83 29.68 81.3 77.8 75-3 79

0.93 92 248.5 34.375 0.88 78 164.0 15.506 0.80 63 84.7 2.335

SE by S

15.6 11.6

7.6

The rainfall for the month of June at the Botanical Gardens was 22ins. 55 on 23 days, at the Matilda Hospital, Mount Kellett, it was 17ins. 98 on 23 days, at Fanling,.. 14ins. 63 on 20 days, and at the Police Station, Taipo, 20ins. 78 on 20 days.

The lowest reading of the barometer (M.S.L.) was 29ins. 446 at 17h. 00m. on the 13th.. The maximum gust velocity as recorded by the Dines-Baxendell anemograph,. was at the rate of 45 miles per hour at 13h. 25m. on the 12th.

13th July, 1932.

C. W. JEFFRIES,

Director.

THE HONG KONG GOVERNMENT GAZETTE, JULY 15, 1932.

541

SUPREME COURT.

No. 469. It is hereby notified for general information that, pursuant to section 5 of the Criminal Procedure Ordinance, 1899, His Honour the Chief Justice has ordered that the next Criminal Sessions for the despatch of the business of the Court shall be held on Tuesday, the 2nd day of August, 1932, at 10 o'clock in the forenoon.

13th July, 1932.

E. P. H. LANG,

Registrar.

HARBOUR DEPARTMENT.

No. 470.-It is hereby notified that the western end of Railway Pier, Kowloon, shall be closed as from 18th July, 1932, whilst undergoing repairs for a period of two months.

　Under the authority of the Merchant Shipping Ordinance No. 10 of 1899, Section 39, Sub-section 18, vessels are prohibited from mooring to that part of the pier.

14th July, 1932.

G. F. HOLE,

Harbour Master, &c.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 471.-It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909:-

Number of Marks.

Date of Registration.

Names and Addresses of Owners.

Period of Renewal.

Classes in which renewed.

File Nos.

No. 134 of 1918.

10th July, 1918.

Lee Fung Firm,

No. 42, Market Street, Penang.

10th July, 1946.

104 of 1932.

No. 130 of 1918.

15th July, 1918.

R. Corney and Company, Causeway Bay, Hong Kong.

15th July,

1946.

105 of 1932.

14th July, 1932.

E. L. AGASSIZ,,

Registrar of Trade Marks.

544

THE HONG KONG GOVERNMENT GAZETTE, JULY 22, 1932.

No. 472.

EXECUTIVE COUNCIL.

Hong Kong.

ORDINANCE No. 28 of 1917. (FERRIES).

In exercise of the powers conferred by section 5 of the Ferries Ordinance. 1917, the Governor in Council rescinds regulation 16 of the regulations made under the above mentioned Ordinance and published as Notification No. 695 in the Gazette of the 21st November, 1930, and substitutes the following regulation therefor :----

16. The licensee of a ferry or group of ferries shall not demand or take for passengers, vehicles, animals. packages, or things for which he is required to provide a service fares or charges exceeding the fares or charges stated in his licence, or such substituted, altered. amended, increased, modified or additional fares and charges as may from time to time and for the time being be fixed by the Governor in Council and deemed by him to be fair and reasonable having regard as well to the licensee as to the general public.

Nothing in this regulation shall be deemed to limit the right of the licensee to issue season tickets or punch tickets covering a number of journeys.

COUNCIL CHAMBER,

No. 473.

15th July, 1932.

D. W. TRATMAN,

Clerk of Councils.

Hong Kong.

ORDINANCE No. 36 of 1931. (LIQUORS).

In exercise of the power conferred by section 52 of the Liquors Ordinance, 1931, the Governor in Council hereby approves and appoints to be a warehouse for the storing of the dutiable liquors of Jehangir Hormusjee Ruttonjee (carryng on business under the style of "H. Ruttonjee and Son') with effect from the 1st day of July, 1932, the premises comprising three floors, with an aggregate floor area of 3,600 square feet or thereabouts, situate between No. 15 Queen's Road Central and Exchange Building and bounded upon the east side by and having an entrance upon a lane leading from Queen's Road Central to Des Voeux Road Central.

D. W. TRATMAN,

Clerk of Councils.

COUNCIL CHAMBER.

15th July, 1932.

THE HONG KONG GOVERNMENT GAZETTE, JULY 22, 1932.

No. 474.

Hong Kong.

ORDINANCE No. 36 of 1931. (LIQUORS).

In exercise of the powers conferred by section 88 of the Liquors Ordinance, 1931, the Governor in Council makes the undermentioned regulations for the management of warehouses approved and appointed for the storing of the dutiable liquors of any specified person firm or body corporate :----

BONDED WAREHOUSES. (LIQUORS).

1. The approval and appointment of any premises as a warehouse for the storing of the dutiable liquors of any specified person firm or body corporate shall be for such period as the Governor in Council may prescribe and shall be revocable at any time without cause stated and every such approval and appointment shall be subject to the conditions set out in these regulations.

2. The General Bonded Warehouse Regulations published in Government Notification No. 548 of 1930 shall not apply to any premises so approved and appointed.

3. A fee of $250 shall be payable annually in advance by the person in charge for storage of dutiable liquors in any such premises.

4. A bond, with one or more sufficient sureties, or such other security as may be approved by the Colonial Treasurer, shall be given by the person firm or corporate body for the storage of whose dutiable liquors the premises are intended to be used.

Such bond or other security shall be conditioned or made to secure the payment of all duties assessed upon any dutiable liquors stored in the premises.

The amount of such bond or other security shall be in accordance with the following scale :-

(a) When the premises have a floor area

not exceeding 12,000 square feet...... $30,000

....

(b) When the premises have a floor area exceeding 12,000 square feet but not exceeding 30.000 square feet

exceeding 30.000 square feet

$50,000

$100,000

5. The premises shall be fitted with such locks or other fastenings as the Superintendent may require, and such locks and fastenings shall be so arranged and the keys thereof be in such custody that no entry into the premises can be effected without the attendance of the Superintendent or a revenue officer.

6.-(a) The premises shall be lighted and ventilated in an efficient way to the satisfaction of the Superintendent.

(b) The premises shall be maintained in a good state of repair, and all doors, windows, bars, bolts, hinges, fastenings and locks shall be periodically examined and kept in good order, to the satisfaction of the Superintendent.

545

546

THE HONG KONG GOVERNMENT GAZETTE, JULY 22, 1932.

together with the word "Liquors", painted up legibly on the outside in English letters and Chinese characters at least 4 inches high.

(d) A sufficient space shall be maintained free of any encumbrance in the best lighted part of the premises for the purpose of examination of packages by the inspecting officer.

(e) Office accommodation with the necessary furniture and writing materials shall be provided for the use of the inspecting officer. Such office shall be efficiently lighted at all requisite times.

7. All lamps used on the premises must be made of substantial metal, the glass being protected by metal guards.

8. No structural alteration to the premises shall be made without the permission in writing of the Superintendent.

9. No person shall be allowed to sleep on the premises. and no person not in the employ of the person in charge shall be allowed to enter the premises unless accompanied by a revenue officer.

10. No smoking, naked lights or matches shall be allowed within the premises.

11. No article may be stored in the premises other than dutiable liquors belonging to the person firm or body corporate for the storage of whose dutiable liquors the premises have been approved and appointed.

12. All goods stored in the premises shall be stowed in such a way that easy access may be had to any portion thereof.

13. The premises shall not be open for the receipt of dutiable liquors between the hours of 4.30 p.m. and 8.30 a.m. or on Sundays or public or general holidays except with the permission in writing of the Superintendent, who shall be entitled to charge a fee not exceeding three dollars for every hour or portion of an hour in which the premises shall be open between the aforesaid hours or on Sundays or public or general holidays.

14. The person in charge shall, immediately after any dutiable liquors are received into or removed from the premises, make due entry of such receipt or removal in a stock book in a form to be approved by the Superintendent.* All entries shall be made in English unless the Superintendent, in any special case, shall give permission for the use of Chinese.

15. The person in charge of any premises shall, not later than noon on every Monday morning (or on the following day if Monday is a public or general holiday) furnish to the Superintendent a return, in a form to be supplied by him, concerning all dutiable liquors stored, received or removed during the then previous week.

16.-(a) No package of dutiable liquors shall be opened except in the presence of a revenue officer.

(b) No samples shall be drawn except in the presence of a revenue officer, and duty shall be paid on all samples removed from the premises.

THE HONG KONG GOVERNMENT GAZETTE, JULY 22, 1932.

(d) No empty package shall be stored in the same part of the premises as dutiable liquors.

(e) Where the contents of a number of packages of one kind of dutiable liquors in the same consignment are found on examination to be deficient, full packages shall, so far as possible, be made up from the partially empty packages, and the completely empty packages shall be removed at once from the premises.

(f) All empty or broken packages, and all packing paper and other debris shall be removed daily.

(g) Should the nature of the business render it necessary to keep a stock of empty packages and packing material ready for immediate use, the same shall be stored in a separate locked compartment of the premises apart from the space used for the storage of dutiable liquors.

(h) The minimum amount of dutiable liquor which shall be removed in one consignment from the premises for export shall be as hereunder :

Liquor of the same kind

2 gallons.

17.(a) Any loss or contraction of dutiable goods due to natural causes or unavoidable accident, or to leakage, breakage, deterioration, or loss of moisture or dust, not due to any negligence or default on the part of the person in charge or his servants, shall be deducted from the stock total of such goods and no duty shall be charged thereon if such loss is reported to a revenue officer as soon as it is discovered and is certified by him, after examination, to be a loss as aforesaid.

(b) All goods received into the premises shall be deemed to be of not less than the weight and measure reported unless the shortage, if any, on entry into such premises has been certified by a revenue officer.

(c) In the case of liquor stored in casks, the maximum amounts which shall be allowed for loss by evaporation shall be as under :-

I.-Beer. 4 gallons per hogshead.

II.--Wine.

547

In casks of :-

For each year or part of a year.

gallon.

less than 20 gallons content

20 gallons and less than 65 gallons.... 1 gallon. 65 gallons content and upwards......... 2 gallons.

III.-Spirits in casks under 80 gallons.

Time in warehouse

not exceeding.

2 months

6 months

1 year

and 3 per cent for

each succeeding year.

Ordinary

Allowance.

3 per cent.

per cent.

6 per cent.

Special Allowance.

3 per cent.

4 per cent.

per cent.

and 2 per cent for

each succeeding year

up to the 5th.

548

THE HONG KONG GOVERNMENT GAZETTE, JULY 22, 1932.

Such special allowance shall only be granted where some definite defect in the cask is certified by a revenue officer after inspection.

18. Except as herein provided, every person in charge shall cause every bottle or vessel containing intoxicating liquors, other than Chinese wines and spirits, kept in stock by him, and on which duty has been paid, to be labelled over the cork thereof with a duty-paid label which shall be obtained by such person in charge from the Superintendent. Further- more every person in charge shall keep a book and cause correct entries to be made therein showing the number of bottles or vessels in stock for which labels are required, the serial numbers of labels used, and the relative duty-paid permit: Provided that labelling as hereinbefore mentioned shall not be required for miniature bottles or vessels, or for bottles or vessels containing beer, stout or cider.

19. The person in charge of any premises shall at all times allow the Superintendent or any revenue officer to enter the premises and to inspect the stocks of liquors kept therein. and to take samples thereof, and to inspect and make copies of and extracts from any books of account kept in connexion therewith, and other documents thereto, which shall be produced on demand.

20. For the purpose of these regulations and of the Liquors Ordinance, 1931, and all regulations made thereunder the person firm or body corporate for the storage of whese dutiable liquors any premises shall have been approved and appointed as a warehouse shall be deemed to be the person in charge of such premises and shall be responsible for the observance and performance of all duties imposed by law upon the person in charge.

21. In these regulations

(a) "Colonial Treasurer" includes the person for the time being performing the duties of the Colonial Treasurer.

(b) "Inspecting Officer' authorised by the Superintendent.

means a revenue officer

(c) "Package" includes any box, barrel, cask, case, jar, bottle, container, receptacle or other thing in which dutiable liquors are or have been placed for the purpose of carriage, consignment, exportation or storage.

(d) "Premises" means any place approved and appointed by the Governor in Council for the storing of the dutiable liquors of any specified person, firm or body corporate.

(e) Superintendent" means the Superintendent of Imports and Exports and any Assistant Superintendent of Imports and Exports and any officer for the time being performing the duties of such offices.

COUNCIL CHAMBER,

15th July, 1932.

D. W. TRATMAN,

Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, JULY 22, 1932.

549

No. 475.

Hong Kong.

The Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, Table L, Quarantine Regulations.

It is hereby declared by order of His Excellency the Governor in Council that Newchwang is a place at which an infectious or contagious disease, namely, cholera, prevails.

COUNCIL CHAMBER,

No. 476.

18th July, 1932.

D. W. TRATMAN,

Clerk of Councils.

Hong Kong.

ORDINANCE No. 7 of 1926. (POST OFFICE).

In exercise of the powers conferred by section 3 of the Post Office Ordinance, 1926, the Governor in Council makes the following addition to regulation 29 made under the above mentioned Ordinance and published as Government Notification No. 118 in the Gazette of 26th February, 1932:-

Charge

Destination

Rate per ounce.

Saigon/Marseilles Air Mail Service.

Siam (Bangkok)

Burma (Rangoon)

Persia (Djask) Iraq (Bagdad)

Palestine (Beyrouth)

Greece (Athens)

Italy (Naples)

France (Marseilles)

(London)

Great Britain & Irish Free State

$0.15

0.25

0.75

0.95

1.05

1.20

1.35

The air mail for each country will be landed at the place

named in brackets.

COUNCIL CHAMBER,

20th July, 1932.

D. W. TRATMAN,

Clerk of Councils.

550

THE HONG KONG GOVERNMENT GAZETTE, JULY 22, 1932.

No. 477.

Hong Kong.

The Companies Ordinance, 1911.

Pursuant to the Companies Ordinance, 1911, section 113 (1) as enacted by Ordinance No. 26 of 1930, the following annual list is published. The list contains the names of all persons (within the meaning of the said section) who are authorised by the Governor in Council to perform the duties required by the said Ordinance to be performed by an auditor. The first part (Part 1) of such list contains the names of persons authorised to audit accounts kept in English; and the second part (Part II) contains the names of persons authorised to audit accounts kept in Chinese :--

ᏢᎪᎡᎢ I.

Alexander, William Lodge

Atwell, William Erskine, C.A. Beddow, L. T.

Black, Donald

Blaker, B. O.

Brown, Charles Bernard

Bryden, Eric Macdonald

Butlin, Strathmore Tathain

Buyers, G. A.

Campbell, Andrew

Cleland, Henry Rennie Macphail, C.A.

Copp, A. E.

Davidson, Robert Huntley, A.C.A.

Fleming, John

Forsyth, Henry Russell

Glass, Duncan Robertson, A.C.A.

Goodwyn, Isitt, H. S.

Halton, M. C.

Harbord, A. H.

Hardman, Ernest Frost, C.A.

Hutchison, James David Arthur

Ikin, Frank, A.C.A.

Jenks, Sir M.

Kane, Arthur John, A.C.A.

Lackie, W.

Macdonald, J. B.

Mackie, F. W.

Martin, T. A.

Matthews, Frederick Newman, F.C.A.

Maunder, F. G.

McKellar, A.

McLure, Alexander

Millard, A. E.

Muir, Henry Menzies

Nairn, H J.

Pearson, A. E.

Percival, J. E.

THE HONG KONG GOVERNMENT GAZEITE, JULY 22, 1932.

551

Pidgeon, J. C.

Prophet, David Lamb

Reed, Edgar Vincent

Ritchie, Archibald

Robb, David Scott

Roberts, I. E.

Ross, Sydney Hampden Roza, Carlos Augusto da Roza, Edmundo Duarte da Sellars, George Washington Seth, John Hennessey Sommerfelt, Allister Stedman, I..

Turner, John Alexander

Waddell, W. M.

Wilkinson, E. S.

Young, Robert

Linstead & Davis

Lowe, Bingham & Matthews

Maurice Jenks, Percival & Isitt

Pearson, Mackie & Co.

Percy Smith, Seth & Fleming

Seth, Mancell and McLure Thomson & Co.

Li Po Kwai.

Kwok Fuk To.

J. M. Wong.

PART II.

Kwok Pui Cheung.

Chau Yut U.

Lam Cho Hing. Cheung Tsoi. Ling Man I.

Lau Yuk Wan.

Kwok Yam Kai. Lay Kam Fat. Woo Yee Tung. Wong Hing Shan. Yeung King Um.

Poon Jackin.

Pun Yun Fong.

Au Yeung Sz Keung.

Au Tsz Hi.

Li Sui Wing.

Lee Seng Ng. Kok Wing Kui. Wong Ping Fan.

Li Tung.

COUNCIL CHAMBER,

20th July, 1932.

D. W. TRATMAN,

Clerk of Councils.

552

THE HONG KONG GOVERNMENT GAZETTE, JULY 22, 1932.

No. 478.

Hong Kong.

ORDINANCE No. 32 of 1915. (IMPORTATION AND EXPORTATION).

In exercise of the powers conferred by section 3 of the Importation and Exportation Ordinance, 1915, the Governor in Council makes the following regulation :-

No person shall, except under an import permit granted by the Superintendent of Imports and Exports, import into the Colony from China any aerated waters.

COUNCIL CHAMBER,

20th July, 1932.

D. W. TRATMAN,

Clerk of Councils.

APPOINTMENTS, &c.

No. 479.-His Excellency the Officer Administering the Government has been pleased to make the following appointments in the Army Service Corps Cadre of the Hong Kong Volunteer Defence Corps, with effect from 5th July, 1932:-

No. 1812 Sergeant CEDRIC BLAKER, M.C., to be Lieutenant.

No. 1811 Sergeant GEOFFREY MISKIN, to be Lieutenant.

Doctor FREDERICK BUNJE, M.R.C.S., L.R.C.P., to be Lieutenant.

18th July, 1932.

No. 480.-His Majesty the KING has been pleased to approve the provisional appointment of the Honourable Mr. WILLIAM HENRY BELL to be temporarily an Unofficial Member of the Legislative Council in the place of the Honourable Mr. CHARLES GORDON STEWART MACKIE, who is temporarily absent from the Colony, with effect from 1st April, 1932.

20th July, 1932.

No. 481. His Majesty the KING has been pleased to approve the appointment of the Honourable Mr. WILLIAM EDWARD LEONARD SHENTON to be an Unofficial Member of the Legislative Council for a further period of four years, with effect from the 3rd April, 1932.

20th July, 1932.

THE HONG KONG GOVERNMENT GAZETTE, JULY 22. 1932.

553

No. 482. His Excellency the Officer Administering the Government has been pleased, under the provisions of Statute 4 of the Second Schedule of the University Ordinance, 1911, Ordinance No. 10 of 1911, to nominate Mr. THOMAS ERNEST PEARCE as a member of the Court of the University of Hong Kong for a further period of three years, with effect from 12th June, 1932.

20th July, 1932.

No. 483.-His Excellency the Officer Administering the Government has been pleased, provisionally and pending instructions from the Secretary of State for the Colonies, to recognise Mr. TETSUJIRO KOHRI as in charge of the Consulate General of Japan in Hong Kong.

20th July, 1932.

No. 484.-His Excellency the Officer Administering the Government has under the powers conferred on him by Ordinance No. 1 of 1929 been pleased to appoint Mr. PHILIP JACKS to be an additional Judge of the Supreme Court of Hong Kong and its Dependencies, with effect from the 22nd instant, until further notice.

22nd July, 1932.

No. 485.-His Excellency the Officer Administering the Government has been pleased to appoint Lieutenant-Colonel FREDERICK EAVES, D.S.O., to act as Land Officer, with effect from the 22nd instant, until further notice.

22nd July, 1932.

No. 486.-His Excellency the Officer Administering the Government has been pleased under instructions from the Secretary of State for the Colonies, to appoint Dr. AUBREY VERNON GREAVES to be Government Bacteriologist, with effect from 26th October, 1931.

22nd July, 1932.

　　No. 487.-His Excellency the Officer Administering the Government has, under instructions from the Secretary of State for the Colonies, been pleased to recognise Senhor NELSON TABAJARA DE OLIVEIRA provisionally and pending the issue of His Majesty's Exequatur, as Consul for Brazil in Hong Kong.

22nd July, 1932.

NOTICES.

SUPREME COURT.

No. 488.-It is hereby notified that the name of The HONG KONG NORTH EAST FERRY COMPANY, LIMITED, has been struck off the Register.

22nd July, 1932.

E. P. H. LANG,

Registrar of Companies.

554

THE HONG KONG GOVERNMENT GAZETTE, JULY 22, 1932.

No 489.

COMPARATIVE STATEMENT OF THE REVENUE AND EXPEN

Revenue from

Estimates.

1st to

Heads of Revenue.

30th

1932.

April,

1932.

Duties.

7,890,000

755,019.72

Revenue for same

Actual Revenue to

Revenue

for same

period of preceding

30th

year.

April, 1932.

period of preceding

year.

€

463,466.74

2,894,789.65

$ c.

1,877,232.68

Port and Harbour Dues.....

793,000

80,067.18

71,350.07

279,374.46 264,096.57

Internal

16,234,110

1,473,397.83 1,434,988.43 5,982,973.25 5,418.943.72

Licences

and Revenue not otherwise specified

Fees of Court or Office

Payments for specific

　purposes, and Reim- bursements in Aid......................

2,122,100

196,098.57 156,389.52 911,625.15 778,367.35

Post Office

2.340,000

165,867.53

172,944.26

642,723.00

647,161.68

Kowloon-Canton Railway...

1,100,000

113,396.61

74,938.14

458,204.02 381,952.59

Rent of Government Pro-

perty, Land and Houses...

1,407,300

128,563.99

116,560.07

386,984.34 336,448.43

Interest

150,000

119,512.77

32,541.40

144,982.08 121,894.99

Miscellaneous Receipts.

205,000

22,432.14

36,222.01

101,854.50 108,164.55

Total (exclusive of Land

Sales)

32,241,510

3,054,356.34 2,559,400.64 11,803,510.45 9,934,262.56

Land Sales (Premia on New

Leases)

1,750,000 147,531.00 413,751.38 454,336.06 981,334.48

TOTAL....... $ 33,991,510 3,201,887.34 2,973,152.02 12,257,846,51| 10,915,597.04

20th July, 1932.

THE HONG KONG GOVERNMENT GAZETTE, JULY 22, 1932.

DITURE FOR THE PERIOD ENDED 30TH APRIL, 1932.

Estimates,

Heads of Expenditure.

1932.

Expenditure from 1st to 30th

April, 1932.

Expenditure for same period of preceding

year.

TREASURY.

555

Actual Expenditure

to 30th April, 1932.

Expenditure for

same period of preceding

year.

H. E, the Governor

209.720

14,840.28

13,803.81

50,013.18

59,274.00

Cadet Service

755,321

48,552.82

58,475.61

176,698.71

213,888.19

Senior Clerical and Ac-

counting Staff

409,634

24,121.14

30,624.39

93,052.42

113,434.50

Junior Clerical Service

973,480

77,949.94

73,060.67

303,659.67

292,751.80

Colonial Secretary's Office

and Legislature

78,946

4,972.80

6,173.43

19,257,60

25,825.98

Secretariat

for

Chinese

Affairs

27,938

2,358.23

1.505.71

9,507.61

6,205.06

Treasury

115,580

6,598.63

4,567.84

44,103.34

25,572.02

Audit Department

97,054

6,067.17

10,104.48

22,700.58

30,629.19

District Office, North

26,867

1,328.53

1.718.56

6,656.64

6,959.28

Do.,

South

13,644

890.05

857.71

3,242.79

4,015.25

Communications :--

(a) Post Office

448,592

32,075.26

98,874.47

170,679.96

151,572.77

(b) Do. Wireless

Telegraph Service.

156,604

13,837.45

11,874.22

48,768.36

46,114.60

Imports and Exports

Office

802,437

16,920.03

30,898.08

176,076.92

125,218.14

Harbour Department

1,298,865

102,999.83

89,471.51

296,236.26

302,127.93

Do.

Air

Service

52,807

974.19

972.39

3,613.66

3,934.60

Royal Observatory

Fire Brigade...

88,160

6,444.02

6,404.31

23,525.59

25,449.40

363,965

20,619.30

54,316.10

75,673.08

101,443.10

Supreme Court......

209,300

13,605.41

18,018.22

52,075.16

77,539.94

Attorney General.

50,190

4,000.54

3,953.21

15,057.83

16,759.49

Crown Solicitor's Office

70,668

3,656,57

3,760,63

16,566.68

17,155.10

Official Receiver

24,641

1,624.78

1,712.94

6,002.10

7,541.74

Land Office

48,604

3,286.06

4,960.14

11,908.82

11.161.14

Magistracy, Hong Kong...

2.274

106.70

Do.,

Kowloon

2,117

183.88

127.00 148.51

556.77

464.90

549.45

556.43

Police Force

3,075,359

242,183.20

252,678.56

834.346.43

1,007,938.46

Prisons Department..

942,910

60,938.61

63,230.01

241,760.45

238,302.00

Medical Department

1,628,764

104,357.60

111,122.13

425,460.94

431,251,61

Sanitary Department

1,033,504

70,192.36

75,473.03

256,829.14

260,604.41

Botanical and Forestry

Department

129,070

10,120.49

6,850.05

37,098.68

36,486.89

Education Department

2,046,096

117,884.98

116,555.58

656,349.72

642,529.60

Kowloon-Canton Railway..

959,025

72,355.87

63,386.77

288,071.55

265,037.20

Defence:

(a) Volunteer

Defence

Corps

132,949

6,885.34

6,019.82

31,316.73

37,731.49

(b) Military Contribu-

tion

6,366,567

1,211,886,55

Miscellaneous Services

1,452.481

154,014.55

388,128.25 213,962.84

2,672,982.79

1,552,513.00

532,582.00

670,636.77

Charitable Services ....

175,762

4,213.13

2,355.90

14,986.33

15,315.62

Charge on Account of

Public Debt

1,973,307

531,625.13

670,071.83

531,625.13

670,059.17

Pensions

1,708,000

149,553.35

188,121.21

440,525,14

557,686.43

Public Works Department.

2,335,114

195,974.98

219,890.90

669,474.51

739,746.74

Do., Recurrent......

1,521,800

196,335.26

128,813,50

391,766.44

280,974.59

31,808,116

Do., Extraordinary.

Expenditure from Surplus

balances

TOTAL..... $

2,173,545

33,981,661

1,000,000

34,981,661 3,652,059.92

3,535,935.01 116,124.91

3,652,059.92

3,033,044.32 31,341.66

3,064,385.98

9,651,274.61

9,072,493.08

321,653.31

240,319.95

9,972,927.92

500,000.00

9,312,813.03

3,064,385.98 | 10,472,927.92

9,312,813.03

EDWIN TAYLOR,

Treasurer.

556

THE HONG KONG GOVERNMENT GAZETTE, JULY 22, 1932.

TREASURY.

No. 490-Financial Statement for the month of April, 1932.

Deposits:

REVENUE AND EXPENDITURE.

Excess of Assets over Liabilities on 31st March, 1932

Revenue from 1st to 30th April, 1932....

Expenditure from 1st to 30th April, 1932

$ 13,582,720.64

3,201,887.34

$ 16,784,607.98 3,652,059.92

Balance

$ 13,132,548.06

Assets and Liabilities on the 30th April, 1932.

LIABILITIES.

Advances :-

ASSETS.

Contractors

and

Officers

Deposits

329,814.81

Suitors Fund

580,632.17

On account of Future Loan... Purchase of three Locomo- tives for Chinese Section, Kowloon-Canton Railway.

Miscellaneous

3,243,353.95

447,618.26

102,198.48

Miscellaneous Deposits

2,499,138.16

Building Loans

1,031,852.88

Postal Agencies

2,460.71

Imprest Account

42,218.95

Suspense Account

967,234.34

Subsidiary Coins.....

1,146,009.94

Exchange Adjustment

609,065.08

House Service Account

20,012.29

Trade Loan Reserve

1,076,518.22

Investments:-

Praya East Reclamation

138,386.61

Surplus Funds...

1,402,032.95

Coal Account

4,586.51

Crown Agents Remittances

9,680.68

Trade Loan Outstanding

1,102,229.76

Total Liabilities

6,207,836.61

Unallocated Stores, (P.W.D.)......

553,681.28

Unallocated Stores, (K.C.R.) ...

169,182.05

Excess of Assets over Liabi-

lities

13,132,548.06

Lorry Haulage Account.

10,757,73

Cash-

Treasurer

3,098,655.45

Crown Agents

11,285.56

Joint Colonial Fund On Fixed Deposit

5,490,247.94

1,459,366.52

TOTAL.................

19,340,384.67

TOTAL...

19,340,384.67

20th July, 1932.

* Joint Colonial Fund...................... ..£346,000 0s. Od.

EDWIN TAYLOR,

Treasurer.

THE HONG KONG GOVERNMENT GAZETTE, JULY 22, 1932.

557

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　No. 491. It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909 :-

Number of

Marks.

Date of Registration.

Name and Address of Owner.

Period of Renewal.

Classes in which renewed.

File No.

Nos. 122, 126

and 128 of 1918.

17th July, 1918.

Holland China Trading Company of No. 16, Des Voeux Road Central, Hong Kong.

15th July, 1946.

3, 10 & 27

106

respectively. of 1932.

21st July, 1932.

E. L. AGASSIZ, Registrar of Trade Marks.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　No. 492.-It is hereby notified that the registration of the following trade mark has expired and that it will be removed from the Register of Trade Marks on the 22nd August, 1932, unless the prescribed fee for renewal of registration is paid before that date:-

Number of Trade

Mark.

Name and Address of Proprietor.

Date of Expiration of Registration.

File

No.

No. 132 of 1918.

21st July, 1932.

Sui Fong Firm, of No. 237, Queen's Road West, Hong Kong.

22nd July, 1932.

107

of 1932.

E. L. AGASSIZ, Registrar of Trade Marks.

560

THE HONG KONG GOVERNMENT GAZETTE, JULY 29, 1932.

EXECUTIVE COUNCIL.

No. 493.

Hong Kong.

THE COMPANIES ORDINANCE, 1911.

With reference to the annual list in two parts contain- ing the names of persons authorised by the Governor in Council to perform the duties required by the above mention- ed Ordinance to be performed by an auditor, published as Government Notification No. 477 in the Gazette of the 22nd July, 1932, the following addition to part I of the said list is now published,-

Name added-

ALFRED HENRY MANCELL.

COUNCIL CHAMBER,

27th July, 1932.

No. 494.

D. W. TRATMAN,

Clerk of Councils.

Hong Kong.

ORDINANCE No. 19 of 1912. (ADVERTISEMENTS REGULATION).

In exercise of the powers conferred by section 2 of the Advertisements Regulation Ordinance, 1912, as amended by the Advertisements Regulation Amendment Ordinance, 1925, the Governor in Council makes the undermentioned additions to the regulations set forth under the heading "Advertisements. Regulation on pages 615 and 616 of the Regulations of Hong Kong, 1844-1925:

6. No person shall erect or exhibit or permit or suffer to be erected or exhibited any advertisement which disfigures the natural beauty of any scenery or affects injuriously the amenities of any locality.

7. Whenever in the opinion of the Governor in Council any advertisement disfigures the natural beauty of any scenery or affects injuriously the amenities of any locality, a notice under the hand of the Clerk of Councils shall be served on the person who caused the advertisement to be erected or exhibited, if such person can be found, and on the owner of the land or building on or in which the advertisement is

560

THE HONG KONG GOVERNMENT GAZETTE, JULY 29, 1932.

EXECUTIVE COUNCIL.

No. 493.

Hong Kong.

THE COMPANIES ORDINANCE, 1911.

Name added-

ALFRED HENRY MANCELL.

COUNCIL CHAMBER,

27th July, 1932.

No. 494.

D. W. TRATMAN,

Clerk of Councils.

Hong Kong.

ORDINANCE No. 19 of 1912. (ADVERTISEMENTS REGULATION).

THE HONG KONG GOVERNMENT GAZETTE, JULY 29, 1932.

erected or exhibited requiring such person or owner to remove the advertisement within fourteen days of the date of the notice and such person or owner shall remove the advertise- ment within such fourteen days

8.- (1) If the person against whom an order for the removal of an advertisement is made by a magistrate or if the person or owner on whom a notice under the preceding regulation is served shall fail to remove the advertisement as required by such order or notice, then, without prejudice to the liability of such person to any penalty for non-compliance with the order or the liability of such person or owner for any breach of these regulations, it shall be lawful for any person authorised in that behalf by the Director of Public Works at any time in the daytime to enter into and upon the land or building on or in which the advertisement is erected or exhibited and to remove or obliterate the advertisement.

(2) The materials of any advertisement removed in pursuance of these regulations shall be forfeited to the Crown.

(3) The Director of Public Works and any person so authorised by him as aforesaid shall not be held liable for any damage done by him in course of the removal or obliteration of any advertisement in pursuance of these regulations.

9.- (1) Any expenses incurred by the Director of Public Works in consequence of any default in complying with an order or notice requiring the removal of any advertisement shall be deemed to be money paid for the use and at the request of the person against whom the said order or the person or owner on whom the said notice was served and shall be recoverable from him in the ordinary course of law at the suit of the Director of Public Works.

(2) The provisions of the Crown Remedies Ordinance, 1875, shall apply to the recovery of all such expenses and the certificate required by that Ordinance shall be signed by the Director of Public Works.

10. Any notice given under the provisions of these regulations may be served either personally or by leaving the same at or by sending the same by post to the last known place of business or residence in the Colony of the person to be served and any notice sent by post shall be deemed to be duly served at the time when it ought in due course of post to be delivered at the address to which it is sent. Provided always that in addition to the foregoing means of service a notice to be served upon the owner of any land or building whereon any advertisement is erected or exhibited may be served by affixing the same upon a conspicuous part of such land or building.

11. In these regulations :---

(a) "advertisement" includes any structure or apparatus erected or intended only for the display of advertisements but does not include any advertisement or structure or apparatus which is not visible from any street, or from the waters of the Colony, or from any other place to which the public have access, or from any land or building not belonging to or in the possession of the owner or occupier of the land or building on or in which such structure or apparatus is erected or on or in which the advertisement is exhibited.

561

562

THE HONG KONG GOVERNMENT GAZETTE, JULY 29, 1932.

(b) "Building" includes every house, hut, shed, or roofed enclosure whether used for the purposes of human habitation, or for manufacture, storage, business or otherwise and also every wall, fence, roof, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landingstage or bridge.

(c) "Owner" includes any person holding premises direct from the Crown and also any person for the time being receiving the rent of any premises whether on his own behalf or on that of any other person and where such owner as above defined cannot readily be found or is absent from the Colony or is under disability the occupier shall for the purposes of these regulations be deemed an owner.

COUNCIL CHAMBER,

28th July, 1932.

D. W. TRATMAN,

Clerk of Councils.

APPOINTMENTS, &c.

　　　　No. 495.-His Excellency the Officer Administering the Government has been pleased to appoint Mr. HENRY ROBERT BUTTERS to be Deputy Clerk of Councils, with effect from the 28th July, 1932.

29th July, 1932.

No. 496.-His Excellency the Officer Administering the Government has been pleased to appoint Mr. NG MUI KAI (h) to act as Assistant Secretary to the Sanitary Board, with effect from 27th July, 1932, until further notice.

28th July, 1932.

No. 497.-His Excellency the Officer Administering the Government has been pleased to appoint Mr. OLIVER ARTHUR GODFREY ST. JOHN-KNELLER, M. Inst. C.E., to be a Member of the Authorized Architects Committee, vice Mr. EDWARD MERCER MOON, M. Inst. C.E., resigned.

25th July, 1952.

　　　　No. 498.-His Excellency the Officer Administering the Government has been pleased to recognize, provisionally and pending instructions from the Secretary of State for the Colonies, Mr. TRINIDAD E. LECAYO as Honorary Consul for Nicaragua in Hong Kong.

29th July, 1932.

562

THE HONG KONG GOVERNMENT GAZETTE, JULY 29, 1932.

COUNCIL CHAMBER,

28th July, 1932.

D. W. TRATMAN,

Clerk of Councils.

APPOINTMENTS, &c.

　　　　No. 495.-His Excellency the Officer Administering the Government has been pleased to appoint Mr. HENRY ROBERT BUTTERS to be Deputy Clerk of Councils, with effect from the 28th July, 1932.

29th July, 1932.

28th July, 1932.

25th July, 1952.

29th July, 1932.

THE HONG KONG GOVERNMENT GAZETTE, JULY 29, 1932.

563

No. 499.-His Excellency the Officer Administering the Government has been pleased to appoint Dr. JOSEPH PATRICK FEHILY to be Health Officer of Port and Inspector of Emigrants, with effect from the 19th December, 1931.

29th July, 1932.

　　No. 500.-His Excellency the Officer Administering the Government has been pleased to recognise, under instructions from the Secretary of State for the Colonies, Senhor FAUSTINO ANTONIO XAVIER as Vice-Consul for Brazil in Hong Kong.

29th July, 1932.

No. 501,

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

The following is published for general information:-

E. R. HALLIFAX,

Colonial Secretary.

26th July, 1932.

Hong Kong.

The Air Navigation Directions (Hong Kong), 1932.

The following additional Direction is issued by the Governor under Article 30 of the Air Navigation (Colonies, Protectorates and Mandated Territories) Order, 1927.

Amendment.

In section XVIII of the Directions the following amend- ments are made :

(a) the words "Photographing from aircraft" are substituted for the words "Prohibited Areas" as the heading to Direction 115.

(b) The following paragraph is added at the end of

Direction 115:--

"Except with such special permission and subject to such conditions as aforesaid, all cameras carried in any aircraft must be sealed and placed in charge of the pilot while the aircraft is flying over any part of the Colony.

وو

564

THE HONG KONG GOVERNMENT GAZETTE, JULY 29, 1932.

LAND REGISTRY OFFICE.

No. 502.-It is hereby notified for general information that the Cancellation of the Memorial of Re-entry on Kowloon Inland Lot No. 2082 has been registered according to law.

25th July, 1932.

F. EAVES,

Land Officer.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　　No. 503.-It is hereby notified that the registration of the following trade mark has expired and that it will be removed from the Register of Trade Marks on the 29th August, 1932, unless the prescribed fee for renewal of registration is paid before that date :

Number of Trade

Mark.

Name and Address of Proprietor.

Date of Expiration of Registration.

File

No.

No. 133 of 1918.

The Kam San Yuen Firm of No. 215, Reclamation Street, Yaumati, in the Colony of Hong Kong.

26th July, 1932.

108

of 1932.

28th July, 1939.

E. L. AGASSIZ, Registrar of Trade Marks.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　　No. 504. It is hereby notified that the registration of the following trade mark has been renewed under the provisions of the Trade Marks Ordinance, 1909 :-

Number

Mark.

Date of Registration.

Name and Address of Owner.

Period of Renewal.

Class in which renewed.

File No.

　No. 141 of 1918.

27th July, 1918.

British Cigarette Company Ltd., of 22, Museum Road, Shanghai, China,

27th July, 1946.

109 of 1932.

28th July, 1932.

E. L. AGASSIZ, Registrar of Trade Marks

THE HONG KONG GOVERNMENT GAZETTE, JULY 29, 1932.

The Crown Lands Resumption Ordinances, 1900 and 1930.

565

No. 505.-It is hereby notified, under section 6 of the Crown Lands Resump- tion Ordinance, 1930, that the Board of Arbitrators appointed to determine the amount of compensation to be paid in respect of the resumption of Lots Nos. 185,183,184, 198, 202, 182, 197, 199, 6219, 6151, 6151/1, 6152, 171, 6189 R.P., 6209, 6215, 6187, 6190, 170, 6194, 6193, 6198, 6203, 6205, 6146, 6147, 6192, 6201, 6204, 6207, 6211 and 6212, Survey District I, is constituted as follows:--

Lieut.-Col. FREDERICK EAVES, Justice of the Peace, Chairman.

Mr. ARTHUR GEORGE WARNHAM TICKLE, J.P., nominated by His Excellency the

Officer Administering the Government.

Mr. ERNEST MANNING HAZELAND, Architect and Civil Engineer, nominated by the

Chairman on behalf of the owners.

　　It is hereby further notified that the Chairman hereby appoints Wednesday, the 10th day of August, 1932, at 2.30 o'clock in the afternoon, at the Sanitary Board Room, Post Office Buildings, Hong Kong, as the time and place for the Board to commence its sittings.

recover.

F. EAVES,

Chairman of the Board of Arbitrators.

29th July, 1932.

一千九百三十二年七月廿九日

公斷局主席伊芙史啟

發於香港臬署

政對置三本司於十主

於千二一百十零六號四政左則百百零號九千六號府者

轉收無分席工董

工畫太交囘論鐘現則公之其在定

斷地為清於師師及人所業消審有主總千查權或局九此利別內百佈之項堂

士士

太平紳士

現一九

九三經十

號一千一所茲

百擬按

千五百九

̇九收照仟第

號號

百十八第仟

十一號號九

希仕倫先生

由主席代業主指派

希狄伊

狄路先生

由護督指派

伊芙史先生

人仟組

及百

號五

織零

公佈

護席决告

斷於

詳人開十

情等始

及須叙年

欲先會陽取於審曆

囘公查八

補斷該月

置人事費開如若始有即

千叙因星

繕會該期

列

地

清日收日

楚之囘下

遞前欲午呈將求雨布其補點

局二

千零

百一份則百五

五百一例世

俾號仟百百九百六十八百卽

十八百年號得地

、千十八收收

十一號二十囘囘七百六號五政政號八千

、千一號府府

六十十一百一公

千一千九百九百地

千一百一號五五十,

所應二百九百之十七十例例

委補百四十九餘一號

公囘零十十九十段號

斷補七七號號六第百人償號號六一千一九百

開費六六千百二分十八定

列若仟千二七百九十將

十號

憲示第五百零五號一

仟九百年及一千九百

卅年收回政府公地則例

566

THE HONG KONG GOVERNMENT GAZETTE, JULY 29,1932.

The Crown Lands Resumption Ordinances, 1900 and 1930.

No. 506. It is hereby notified, under section 6 of the Crown Lands Resumption Ordinance, 1930, that the Board of Arbitrators appointed to determine the amount of compensation to be paid in respect of the resumption of Lots Nos. 592,630,601,604, 605, 606,607, 608, 610, 611 Sections A, B and C, 619, 621, 622, 612, 613, 629 Section B, 632, 626,625, 627,628, 629 Section A and R.P., 631 Sections A and B, 623,639,665, 635,646,650,640,649,651,643_R.P., 647,666,644, 648 and 667, Survey District I, is constituted as follows:-

Lieut-Col. FREDERICK EAVES, Justice of the Peace, Chairman.

Mr. ARTHUR GEORGE WARNHAM TICKLE, J.P., nominated by His Excellency

the Officer Administering the Government.

Mr. ERNEST MANNING HAZELAND, Architect and Civil Engineer, nominated by

the Chairman on behalf of the owners.

It is hereby further notified that the Chairman hereby appoints Wednesday, the 10th day of August, 1932, at 2.30 o'clock in the afternoon. at the Sanitary Board Room, Post Office Buildings, Hong Kong, as the time and place for the Board to commence its. sittings.

Any person claiming compensation, whether as owner or otherwise, by reason of such resumption must at least two days before the commencement of the sittings of the Board, transmit to the Colonial Secretary, for transmission to the Board, a written claim. stating the nature of his right or interest in the land and the amount which he seeks to

recover.

F. EAVES,

Chairman of the Board of Arbitrators.

。

一仟九百卅二年七月廿九日

29th July, 1932.

布對置三本政於者十主

司收無分席工畫太轉囘論鐘現交之其在定公地為清於師及斷所業淨一人有主總千審權或局九查利別內百此項堂三

太平紳士

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發於香港臬署

希仕倫先生

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米

府公

號段

THE HONG KONG GOVERNMENT GAZETTE, JULY 29, 1932.

567

SUPREME COURT.

　　　No. 507.-It is hereby notified that at the expiration of three months from the date hereof The YUE HING WO STEAMSHIP COMPANY, Limited,

COMPANY, LIMITED, will, unless cause is shewn to the contrary, be struck off the register and the company will be dissolved.

25th July, 1932.

E. P. H. LANG,

Registrar of Companies

ROYAL OBSERVATORY

No. 508

Sunrise and Sunset in Hong Kong for August, 1932.

STANDARD TIME OF THE 120TH MERIDIAN, EAST OF GREENWICH.)

DATE.

SUNRISE.

SUNSET.

DATE.

SUNRISE.

SUNSET

August

5.54 a.m.

5.55

7.04 p.m. 7.03

August 17............

18.

6.01 a.m. 6.02

6.53 pm.

6.53

5.56

7.03

19.

6.02

6.52

5.56

7.02

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6.02

6.51

5.56

7.02

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6.02

6.50

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6.03

6.50

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5.57

7.01

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6.49

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6.55

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6.05

6.41

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6.01

6.54

28th July, 1932.

C. W. JEFFRIES,

Director.

570

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 5, 1932.

EXECUTIVE COUNCIL.

No. 509.

Hong Kong.

ORDINANCE No. 36 of 1931. (LIQUORS).

In exercise of the powers conferred by sections 34 and 88 of the Liquors Ordinance, 1931, the Governor in Council rescinds the Brewery Regulations and Licence set forth on pages 461 to 464 of the Regulations of Hong Kong, 1844 to 1925 and makes the following regulations in substitution therefor :--

BREWERY REGULATIONS.

GENERAL.

1.-(1) No person shall brew or make beer except under and in accordance with a licence issued under these regulations.

(2) The Superintendent may in his discretion issue brewery licences in the form prescribed in the Schedule to these regulations.

(3) Such conditions as the Governor in Council may determine may be added to such licences.

(4) A brewery licence shall remain in force for one year from the date on which it is granted but may be revoked by the Governor in Council if he is of the opinion that the licensee has failed substantially to observe and comply with the provisions of the Liquors Ordinance, 1931, or these regulations or any Ordinance or regulations amending the same or substituted therefor or to observe and comply with the conditions of such licence.

2. Every applicant for a licence shall submit to the Superintendent

(a) the names of two substantial householders as references to his character.

(b) a complete set of plans, signed by the applicant, shewing clearly the whole of the premises intended to be used as a brewery or in connection with the applicant's intended business of a brewer. Such plans shall show the use to which each portion of the premises is intended to be put and shall include detailed drawings of all machinery installed or which it is intended to instal on the premises together with a description of the use of such machinery.

(d) such particulars as the Superintendent may require of the person intended to be the person in charge of the

brewery.

ส

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 5, 1932.

3. Immediately upon the grant of any licence the licensee shall furnish security to such amount and in such form as may be required by the Superintendent for his due observance of and compliance with the provisions of the Liquors Ordinance, 1931, and these regulations and any Ordinance or regulations amending the same or substituted there for and the conditions of his licence and for the safe and secure keeping on the premises of all beer brewed or made or in the process of being brewed or made on the premises until que removal therefrom under the law for the purpose of being exported or warehoused in an approved bonded warehouse or used as ship's stores or otherwise dealt with or for consumption within the Colony upon payment of the full and proper duties charge- able thereon.

4.-(1) The licensed premises shall be enclosed by walls or fences to the satisfaction of the Superintendent and shall not have any entrance or exit except upon some street or road to which the public has access or upon some navigable water.

(2) On the outside of the door of each portion of the premises shall be painted in English and Chinese characters a description of that portion according to the purpose for which it is used and in accordance with the plans submitted on application for the licence.

(3) No structural alteration of the premises, or change in the use to which any portion of the premises is put, shall be made without the consent in writing of the Superintendent.

(4) Every part of the premises shall be adequately lighted to the satisfaction of the Superintendent.

(5) Every part of the premises shall at all times be kept in good and substantial repair and in a clean and sanitary condition to the satisfaction of the Superintendent.

(6) No person shall be allowed within the premises who is suffering from any infectious or contagious disease or from any skin disease.

(7) The licensee shall provide and maintain in the pre- mises, to the satisfaction of the Superintendent and free of expense to the Government, adequate office accommodation, with all necessary furniture, writing materials, heating, clean- ing and lighting, and lavatory accommodation for the use of such revenue officer or officers as may visit the premises.

5. There shall be set apart in the premises a locked store or stores approved by the Superintendent in which all beer brewed or made on the premises shall be kept (whether for the purpose of maturing or otherwise) after the process of manufacture is complete and such locked store or stores shall not be used for the storage of any dutiable liquors or other goods whatsoever other than beer brewed or made on the premises

6. Except with the consent in writing of the Superinten- dent, no business other than the licensee's business of brew- ing or making beer shall be carried on within the premises and no intoxicating liquors other than beer brewed or made on the premises shall be brought upon or stored in the premises.

571

572

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 5, 1932.

7.--(1) All machinery, apparatus, utensils, vessels or receptacles used in the brewing or making, maturing or stor ing of beer shall be of a type, design or capacity, as the case may be, approved by the Superintendent and shall be so placed or fixed as to admit of the contents being readily and accurately ascertained by gauge or measure and shall not be altered in structure, shape, position or capacity, as the case may be, without the consent in writing of the Superintendent.

(2) The name of every utensil, vessel or receptacle ac- cording to the purpose for which it is intended shall be legibly painted with oil colour, and kept so painted, upon some con- spicuous part of every utensil, vessel or receptacle used for the brewing or making or maturing of beer and the normal full capacity thereof shall be painted thereon in like manner.

If more than one utensil, vessel or receptacle is used for the same purpose, each shall be distinguished by a progressive number.

(3) All vessels or receptacles, other than bottles. used for the storage of beer shall have their normal full capacity clearly marked upon them.

(4) All machinery, apparatus, utensils, vessels or recept- acles of every kind whatsoever shall be kept in a clean and sanitary condition to the satisfaction of the Superintendent.

8. (1) The licensee shall provide and maintain upon. the premises and permit any and every revenue officer there to use sufficient and just beams, scales or weighing machines and standard weights gauges and measures (including glass measures graduated in ounces for the determination of the contents of reputed pint and quart bottles, and also a cask or vessel capable of containing the contents of the largest cask or container intended to be sent out from the brewery) and other necessary and reasonable appliances to the satisfaction. of the Superintendent.

(2) The person in charge of the premises and every employee of the licensee shall afford to the Superintendent and to any and every revenue officer visiting the premises all such assistance as he or they shall require and shall obey any reasonable instructions given by him or them with a view to facilitating his or their work or protecting the revenue or insuring observance of the legal obligations of the licensee.

9. No beer brewed or made on any licensed premises shall be sold for consumption on those premises.

10. (1) The licensee and the person in charge of the premises shall at all times, both by day and by night, allow the Superintendent or any revenue officer to enter the premises and every part thereof and to inspect and take an account of the stocks of liquors kept or in process of manufacture therein and to take samples thereof and of any materials used or capable of being used in the manufacture thereof and to inspect and make copies of and extracts from any books of account kept therein in connexion therewith and other documents relating thereto which shall be produced on demand.

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 5, 1932.

(2) If the Superintendent or any revenue officer, after having demanded admission into the premises, and declared his name and business at any entrance thereof, is not immediately admitted, he, and any person acting in his aid, may at any time either by day or night break open any door or window of the premises or break through any wall thereof. for the purpose of obtaining admission.

11. Every licensee shall furnish the Superintendent with a clear and satisfactory copy of his photograph and shall sign the register of licensees.

12. If the person in charge is a person other than the licensee, the licensee shall furnish the Superintendent with a clear and satisfactory copy of such person's photograph and with a specimen of his signature.

A further copy of the photograph of the person in charge shall be kept exhibited in the principal office on the licensed premises.

13. If any licensee shall leave the Colony for more than one day he shall appoint a responsible person, approved by the Superintendent, to act on his behalf during his absence and shall lodge with the Superintendent a notice of such appointment endorsed or countersigned by the person appointed and during the absence of the licensee the person appointed shall, without prejudice to the responsibility of the licensee, be responsible for the due observance and per- formance of all the duties and obligations of the licensee.

14. Throughout these regulations

(a) "Beer" includes ale, porter, stout and any other description of beer, and extends to Shiu Tsau or Wong Tsau and to any liquor which is made or sold as a description of beer or as a substitute for beer, and which on analysis of a sample thereof at any time shall be found to contain more than two per cent of proof spirit.

(b) "Brewery licence" or "licence" means a licence to manufacture and sell beer or Shiu Tsau of Wong Tsau not to be consumed on the premises.

　　　　　　　　　or "premises" means any premises whereon any person is licensed to keep a brewery and, where the context admits, includes any premises used in connexion with the licensed premises or with the business conducted thereon.

(d) "Person", except so far as relates to the imposition of the penalty of imprisonment, includes a body corporate or a firm.

(e) "Person in charge" includes the person for the time being having the control of management of the business conducted upon the licensed premises.

(f) "Storage vessel" means every vessel or receptacle intended to remain permanently on the licensed premises and used or intended to be used for the maturing or storing of beer brewed or made on the premises.

(g) "Superintendent'

　　　　　　　means the Superintendent of Imports and Exports and any Assistant Superintendent of Imports and Exports and any officer for the time being performing the duties of such offices.

(h) "Warehouse", except in regulation 3, means any locked store, approved by the Superintendent, set apart in the premises for the maturing or storage of beer.

573

574

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 5, 1932.

Brewing.

15. The worts produced from any brewing shall be re- moved successively and in the customary order of brewing to the coppers, coolers and collecting and fermenting vessels.

16. All collecting and fermenting vessels shall be accura- tely gauged and the licensee shall furnish tables showing the capacity of each in gallons at every inch and tenth of an inch measured from a fixed dipping place which must be clearly marked.

17. The licensee shall keep on the licensed premises, open at all times for inspection, a Brewing Book, in a form approved by the Superintendent, in which he shall make the following entries :-

(a) At least 24 hours before commencing to mash or dissolve any material to be used in his next brewing he shall record the date and hour when such brewing is intended to take place and at least 2 hours before the hour stated for brewing he shall enter the quantity of each material to be used.

(b) When the worts from any brewing have been collected in the proper collecting and fermenting vessels the serial number or numbers of the receptacles must be immediately recorded in the Brewing Book together with the quantity in gallons and the true original gravity, as measured by the Bates standard saccharometer.

18. Collecting and fermenting vessels shall be fitted with a discharge cock of a type approved by the Superintendent and shall be connected by a close metal pipe with a receptacle in the warehouse. Every pipe shall be so arranged that it can be secured with a revenue lock. No other outlet will be permitted except one which will allow the vessel to be cleansed and no beer shall be removed from the collecting or ferment- ing vessels otherwise than into receptacles in the warehouse.

19. When the process of fermentation is complete the licensee shall remove the beer into his warehouse and shall observe the following conditions

(a) Notice of the intended removal shall be given to the Superintendent or such revenue officer as he shall designate.

(b) The entire quantity contained in any one vessel shall be removed at the same time.

(c) The actual quantity immediately prior to removal shall be ascertained by gauge and recorded in the Brewing Book opposite the corresponding entry of the worts collected.

20. The produce of every brewing shall be kept separate and distinct from that of every other brewing until removed to warehouse.

21. The licensee shall forthwith inform a revenue officer designated by the Superintendent if any beer brewed or made on the premises is found to be unfit for sale and such beer shall be disposed of only in the presence of and in accordance with the instructions of such officer.

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 5, 1932.

WAREHOUSING.

22. No beer shall be removed into warehouse until all fermentation has ceased and the yeast has been completely removed and the licensee is satisfied that it is in sound condition.

23. (a) Every entrance to a warehouse shall have a strong door constructed so that when shut it cannot be lifted off its hinges and fitted with such locks or other fastenings as the Superintendent may require. Such locks and fastenings shall be so arranged and the keys thereof be in such custody that no entry into the premises can be effected without the attendance of a revenue officer.

(b) Every warehouse shall be lighted and ventilated in an efficient manner to the satisfaction of the Superintendent.

(c) Every warehouse shall be maintained in a good state of repair and all doors, windows, bars, bolts, hinges, fastenings and locks, shall be periodically examined and kept in good order by the licensee to the satisfaction of the Superintendent.

(d) A sufficient space shall be maintained free from any encumbrance in the best lighted part for the bottling and packing of case beer for export in bond.

(e) A separate warehouse shall be set apart in the premises for the storage of beer intended to be consumed in the Colony and all beer intended so to be consumed shall be kept therein. and shall not be removed therefrom save on payment of duty as prescribed by these regulations.

24. (a) After bottled beer has been packed in cases, the cases shall be securely closed and shall not be opened except in the presence of a revenue officer.

(b) No samples shall be drawn except in the presence of a revenue officer and duty shall be paid on all samples removed from the warehouse.

(d) The minimum amount of beer which shall be removed from the warehouse on any one removal permit shall be six gallons.

25. As soon as any beer is received into or removed from any warehouse the licensee shall make due entry of such receipt or removal in a stock book in a form to be approved by the Superintendent. All entries shall be made in the English language. All removal permits shall be filed at the warehouse. in due order.

26. The licensee shall not later than every Monday (or on the following day if Monday is a public or general holiday) furnish to the Superintendent a return, in a form prescribed by him, showing the amounts of beer received into or removed from every warehouse during the preceding week, made up to the close of business on the preceding Saturday.

27. (a) A warehouse set apart for the storage of beer intended to be consumed in the Colony shall not be open for any purpose and a warehouse used for the maturing of beer or for the storing of beer not intended to be consumed in the Colony shall not be open for the purpose of the removal of

575

576

THE HONG KONG GOVERNMENT GAZETTE, AUGUST, 5, 1932.

beer therefrom between the hours of 4.30 p.m. and 8.30 a.m. or on Sundays or public or general holidays except with the permission in writing of the Superintendent, who shall be entitled to charge a fee not exceeding three dollars for every hour or portion of an hour in which such warehouse shall be open between the aforesaid hours or on Sundays or public or general holidays.

(b) A warehouse used for the maturing of beer or for the storing of beer not intended to be consumed in the Colony may be open at any time for the purpose of the removal into such warehouse of beer which has been brewed in the licensed premises provided that a revenue officer designated by the Superintendent be duly notified by the licensee not less than eight hours before the opening and be present while the ware- house is open. If such a warehouse be open between the hours or on the days specified in the preceding paragraph the Superintendent shall be entitled to charge a fee not exceeding three dollars for every hour or portion of an hour in which such warehouse be open.

(c) If any warehouse shall be situate outside the City of Victoria or Kowloon and it shall at any time be found that the attendance of a revenue officer is required on such numerous occasions between the hours of 4.30 p.m. and 8 a.m. or on Sundays or public or general holidays that in the opinion of the Governor it is desirable for a revenue officer to reside near the licensed premises, then it shall be lawful for the Governor, by notice in writing under the hand of the Colonial Secretary, to require the licensee to provide free of cost to the Govern- ment, and the licensee shall provide to the satisfaction of the Superintendent, adequate furnished quarters (either married or single as the Superintendent may require) with free electricity for the lighting thereof, and a free and adequate water supply.

28.--(a) A calibration table shall be supplied to the Superintendent showing the capacity of each storage vessel in gallons for each one tenth of an inch of depth measured from a marked spot.

(b) Every storage vessel shall be numbered conspicuously and the maximum storage capacity marked plainly thereon.

(c) Every storage vessel shall be provided to the satisfaction of the Superintendent with visual means of measuring readily the quantity stored therein.

(d) Every storage vessel shall be so placed that measure- ment of the contents can readily be taken.

Accounting.

29. Every licensee shall keep on the licensed premises stock books in a form approved by the Superintendent and shall correctly and with the utmost promptitude enter or cause to be entered therein under the appropriate date :--

(a) The amount of all grain, molasses, sugar or other fermentable material received on the premises, and the weight of all such material issued for each brewing for the making of mash and wort, and

(b) The manner in which all beer manufactured is disposed of.

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 5, 1932.

30. The licensee shall keep, on the licensed premises a special book of foils and counterfoils, numbered consecutively, in a form approved by the Superintendent, and upon the removal from the premises of any beer whereon duty is payable shall fill in upon a foil and counterfoil a decription of the beer removed giving particulars of its quality and quantity and stating the name and address of the person to whom it is delivered and shall sign the foil and deliver it to the person receiving the beer. No beer shall be removed from the licensed premises between the hours of 6 p.m. and 5 a.m.

31. The licensee shall furnish to the Superintendent every Monday (or on the following day should Monday be a public or general holiday) a brewing return, in a form approved by the Superintendent, showing, up to the close of work on the preceding Saturday,

(a) the balance of fermenting and unfermented worts from the previous week.

(b) the amount of worts since set to ferment.

(d) the loss on such removal.

(e) the balance of fermenting and unfermented worts on hand.

upon

32.-(1) The duty assessed upon beer shall be chargeable

(a) Any deficiency which may be found between the quantity of worts collected from any brewing and the quantity of beer removed to warehouse from such brewing,

(b)

All beer removed to the separate warehouse set apart in the premises for the storage of beer intended to be consum- ed in the Colony,

(c) Any deficiency which may be found between the quantity of beer removed to a warehouse (other than a separate warehouse set apart as aforesaid) for the purpose of maturing or storage after deducting from the full amount removed thereto the balance remaining therein and all beer removed therefrom either to a separate warehouse as aforesaid, or to a bonded warehouse outside the licensed premises, or removed for export or for use as ship's stores in due accordance with a valid permit :

Provided always that there shall be deducted from the quantity chargeable the amount of any loss or contraction of beer either in process of manufacture or in maturing or storing due to natural causes or unavoidable accident, or to leakage, breakage, deterioration or evaporation, and not in any such case attributable to the negligence or default of the licensee or his servants, provided that any such loss or con- traction is reported to a revenue officer designated by the Superintendent as soon as it is discovered and is certified by him, after examination, to be such a loss or contraction as aforesaid. And provided also that the following shall be the maximum amounts allowed for loss or contraction in the under-mentioned cases:-

(i) For wastage or contraction during the process of manufacture up to and until removal to warehouse, an amount not exceeding ten per cent of the amount received into ware- house,

577

578

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 5, 1932.

(ii) For loss by evaporation on beer stored in casks, an amount not exceeding four gallons per hogshead,

(iii) For wastage on transfer of beer to casks or bottles, an amount not exceeding five per cent.

(2) In every case in which any allowance is claimed for any loss or contraction a certificate stating the true amount of such loss or contraction shall be delivered by the licensee to the Superintendent.

(3) The amount of beer removed, or the deficiency in the amount of beer, as the case may be, shall be fixed and determined by the certificate of the revenue officer designated by the Superintendent.

33. The duty chargeable shall be paid

(a) In respect of any such deficiency as mentioned in paragraph 1 of the preceding regulation or in the case of any deficiency found on taking stock of the contents of any separate warehouse, set apart for the storage of beer intended to be consumed in the Colony, within seven days after notice shall have been given by the Superintendent to the licensee as to the amount of duty payable, and

(6) In respect of beer removed to such a warehouse set apart for the storage of beer intended to be consumed in the Colony, before the removal of any of such beer from that warehouse:

Provided always that the Superintendent may, on such terms and on the giving of such security for the payment of duty as he may think fit, permit the licensee to remove any beer from any such warehouse before payment of duty thereon and postpone until such time as he may think fit the time for the payment of the duty on such beer.

Hong Kong.

SCHEDULE.

BREWERY LICENCE.

The Liquors Ordinance, 1931.

In consideration of the fee of Four hundred dollars paid

to keep a brewery for the

.day of ....

I hereby licence purpose of brewing for the term of one 19......

beer at year from the and to sell such beer in quantities of not less than six gallons at one time and not to be consumed on the premises. This licence is subject to all regulations for the time being in force relating to breweries and to the conditions (if any) endorsed

hereon.

Dated this

day of ....

(Signed)

COUNCIL CHAMBER,

29th July, 1932.

19......

D. W. TRATMAN,

Clerk of Councils.

{

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 5, 1932. 579

No. 510.

Hong Kong.

The Merchant Shipping Ordinance. 1899, Ordinance No. 10 of 1899, Table L, Quarantine Regulations.

It is hereby declared by order of His Excellency the Governor in Council that Wuchow is a place at which an infectious or contagious disease, namely, cholera, prevails.

COUNCIL CHAMBER,

2nd August, 1932.

D. W. TRATMAN,

Clerk of Councils.

LEGISLATIVE COUNCIL.

No. 511.

LEGISLATIVE COUNCIL, No. IO.

Thursday, 30th June, 1932, at 2.30 p.m.

PRESENT:

HIS EXCELLENCY THE OFFICER ADMINISTERING THE GOVERNMENT (Hon. Mr. WILFRID THOMAS SOUTHORN, C.M.G.).

His Excellency the General Officer Commanding the Troops, (Major-General JAMES

WALTER SANDILANDS, C.B., C.M.G., .D.S.O.).

The Honourable the Colonial Secretary, (Mr. EDWIN RICHARD HALLIFAX, C.M.G., C.B.E.). the Attorney General, (Mr. CHALONER GRENVILLE ALABASTER, K.C.,

O.B.E.).

the Secretary for Chinese Affairs, (Mr. ALAN EUSTACE WOOD).

the Colonial Treasurer, (Mr. EDWIN TAYLOR).

Mr. HAROLD THOMAS CREASY, C.B.E., (Director of Public Works). Commander GEORGE FRANCIS HOLE, R.N. (Retired), (Harbour Master).

Dr. ARTHUR ROBARTES WELLINGTON, (Director of Medical and Sanitary

Services).

Mr. THOMAS HENRY KING, (Acting Inspector General of Police).

Sir HENRY EDWARD POLLOCK, Kt., K.C.

Mr. WILLIAM EDWARD LEONARD SHENTON.

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 5, 1932. 579

No. 510.

Hong Kong.

The Merchant Shipping Ordinance. 1899, Ordinance No. 10 of 1899, Table L, Quarantine Regulations.

It is hereby declared by order of His Excellency the Governor in Council that Wuchow is a place at which an infectious or contagious disease, namely, cholera, prevails.

COUNCIL CHAMBER,

2nd August, 1932.

D. W. TRATMAN,

Clerk of Councils.

LEGISLATIVE COUNCIL.

No. 511.

LEGISLATIVE COUNCIL, No. IO.

Thursday, 30th June, 1932, at 2.30 p.m.

PRESENT:

HIS EXCELLENCY THE OFFICER ADMINISTERING THE GOVERNMENT (Hon. Mr. WILFRID THOMAS SOUTHORN, C.M.G.).

His Excellency the General Officer Commanding the Troops, (Major-General JAMES

WALTER SANDILANDS, C.B., C.M.G., .D.S.O.).

The Honourable the Colonial Secretary, (Mr. EDWIN RICHARD HALLIFAX, C.M.G., C.B.E.). the Attorney General, (Mr. CHALONER GRENVILLE ALABASTER, K.C.,

O.B.E.).

the Secretary for Chinese Affairs, (Mr. ALAN EUSTACE WOOD).

the Colonial Treasurer, (Mr. EDWIN TAYLOR).

Mr. HAROLD THOMAS CREASY, C.B.E., (Director of Public Works). Commander GEORGE FRANCIS HOLE, R.N. (Retired), (Harbour Master).

Dr. ARTHUR ROBARTES WELLINGTON, (Director of Medical and Sanitary

Services).

Mr. THOMAS HENRY KING, (Acting Inspector General of Police).

Sir HENRY EDWARD POLLOCK, Kt., K.C.

Mr. WILLIAM EDWARD LEONARD SHENTON.

580

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 5, 1932.

The Honourable Mr. ROBERT HORMUS KOTEWALL, C.M.G., LL.D.

Mr. José PEDRO BRAGA.

Mr. Ts'o SEEN-WAN, O.B.E., LL.D.

Mr. JOHN JOHNSTONE PATERSON.

Mr. CHAU TSUN-NIN.

Mr. WILLIAM HENRY BELL.

Mr. ROLAND ARTHUR CHARLES NORTH, (Deputy Clerk of Councils).

1. The Council met pursuant to adjournment. His Excellency the Officer Adminis-

tering the Government occupied the Chair.

MINUTES.

2. The Minutes of the Meeting held on the 23rd June, 1932, were confirmed.

PAPERS.

3. The following papers were laid on the table :--

Rescission and substitution under section 3 of the Vehicles and Traffic Regula- tion Ordinance, 1912, rescinding the Regulation made under the aforesaid Ordinance published as Government Notification No. 689 in the Gazette of the 25th November, 1927.

Regulations made by the Governor in Council under section 88 (8) of the Liquors Ordinance, 1931, Ordinance No. 36 of 1931, dated 22nd June, 1932.

Insertion of an additional note made under regulation 9 of the regulations made by the Governor in Council under the Wireless Telegraph Ordinance, 1926, published as Government Notification No. 375 in the Gazette of 26th July, 1929.

Order made by the Governor in Council under by-laws Nos. 9 (b) and 9 (c) of the Public Health and Buildings Ordinance, 1903, Ordinance No. 1 of 1903, dated 23rd June, 1932.

Administration Reports, 1931:--

Part I.-General Administration: ---

Report on the Assessment for the year 1932-1933.

Part III.-Public Health :--

Report of the Head of the Sanitary Department.

QUESTIONS.

4. The Hon. Mr. W. E. L. SHENTON, pursuant to notice, asked the following

questions:-

1. Will Government when calling for tenders in connection with the construc- tion of the Shing Mun Dam stipulate, as far as possible, for British Empire materials?

2. Will Government when accepting tenders in connection with the construc- tion of the Shing Mun Dam give preferential consideration to British Empire materials?

The Colonial Secretary replied as follows :-

Subject to the concurrence of the Consulting Engineers, the answer is in

the affirmative.

Subject as above to the concurrence of the Consulting Engineers other factors being approximately equal, preference will be given to British materials, but in the interests of the taxpayer no more far-reaching assurance can be given.

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 5, 1932. 581

MOTIONS.

5. The Colonial Treasurer moved the following resolution :-

That this Council approves the recommendations made by the Director of Public Works and laid before Council and resolves that a sum of $746,950, distributed as follows:-

Head 35 P. W. D.

Head 36 P. W. R.

Head 37 P. W. E.

10,500

389,500

346,950

be charged upon the Revenue and other funds of the Colony in addition to the sums already provided in the Estimates for 1932 for the purpose of carrying out these recommendations.

The Colonial Secretary seconded.

Question--put and agreed to.

6. The Colonial Treasurer moved the following resolution :-

Resolved pursuant

　to section 39 of the Liquors Ordinance, 1931, Ordinance No. 36 of 1931, as amended by the Liquors Amendment Ordinance, 1932, that the Liquor Duties Resolutions of the 26th February, 1931, and the 17th March, 1932 (published respectively by Notifications Nos. 122 and 168 of the Gazettes of the 27th February, 1931 and the 18th March, 1932) be rescinded and that on and after the coming into operation of this Resolution the Liquor Duties to be paid upon intoxicating or spirituous liquors, as the case may be, heretofore or hereafter imported into, distilled, made or prepared in the Colony shall be assessed as in the following Table provided that, in the case of dutiable liquors heretofore or hereafter imported into the Colony the dollars and decimals thereof stated in the Table shall be conventional dollars reckoned as the equivalent of one shilling and eight pence sterling; and that consequently to arrive at the actual amount payable in Hong Kong currency the conventional dollar stated in the Table shall be multiplied by 20 and divided by a figure settled by the Colonial Treasurer from time to time representing the average opening selling rates for previous month of the Hong Kong and Shanghai Banking Corporation for demand drafts on London and until so settled the figure shall be 16.10.

TABLE.

Part I.

EUROPEAN TYPE LIQUOR.

Per gallon.

On all liqueurs, and on all champagnes and other sparkling

wines

On all brandy, gin, rum, whisky and other spirituous liquors On all port, sherry and madeira

On all other still wines..

10.00

6.00

4.00

3.00

On beer, porter, cider, perry and stout

0.60

On all intoxicating liquors above the strength of 18 degrees under proof, for every degree above such strength, in addition to the appropriate duty as above....

0.70

Part II.

CHINESE TYPE LIQUOR.

On all Chinese type spirits containing not more than 24 per cent

of alcohol by weight

1.20

For every one per cent of additional alcoholic strength by weight

00.5

582

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 5, 1932.

Part III.

JAPANESE TYPE LIQUOR.

On all sake containing not more than 24 per cent of alcohol by

weight..

Per gallon.

1.20

For every one per cent of additional alcoholic strength by weight

0.05

Part IV.

OTHER LIUQOrs.

1.20

On all spirituous liquors other than intoxicating liquors, but in- cluding spirits of wine or arrack, containing not more than 24 per cent of alcohol by weight.. For every one per cent of additional alcoholic strength by weight. 0.05 Provided that it shall be lawful for the Superintendent of Imports and Exports, in his discretion, to assess the duty on any intoxicating liquor not specifically mentioned in Parts, I, II, and II1 above at such rate as is provided in such parts for the liquor which the Superintendent shall deem to approximate most nearly to such intoxicating liquor; and Provided also that it shall be lawful for the said Superintendent, in his discretion, to assess the duty on any spirituous liquors imported in a consignment of less than two gallons at one time at $5.00 per gallon.

The Colonial Secretary seconded.

Question-put and agreed to.

7. Merchant Shipping Amendment Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to amend the Merchant Shipping Ordinance, 1899."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

8. Crown Solicitors Amendment Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to amend further the Crown Solicitors Ordinance, 1912."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 5, 1932. 583

RETIRING MEMBER.

9. His Excellency the Officer Administering the Government addressed the Council expressing regret at the retirement of the Hon. Mr. H. T. CREASY, C.B.E. the Director of Public Works and paying high tribute to his survices. Sir HENRY EDWARD POLLOCK, Kt., K.C. also addressed the Council in the same

sense, on behalf of the Unofficial Members.

The Hon. Mr. H. T. CREASY, C.B.E. replied.

ADJOURNMENT.

10. The Council then adjourned sine die.

Confirmed this 4th day of August, 1932.

H. R. BUTTERS, Deputy Clerk of Councils.

No. 512.

W. T. SOUTHORN, Officer Administering the Government.

Hong Kong.

ORDINANCE No. 1 of 1903. - (PUBLIC HEALTH AND BUILDINGS).

In exercise of the powers conferred by section 16 of the Public Health and Buildings Ordinance, 1903, the Sanitary Board makes the following amendment of the by-laws under the heading "Prevention and mitigation of epidemic, endemic, contagious or infectious disease" set forth in Schedule B to the above-mentioned Ordinance as amended by Notification No. 714 in the Gazette of the 31st December, 1926-

Add to by-law No. 9 the following:

No person shall without the written permission of the Head of the Sanitary Department and the Medical Officer of Health sell or offer for sale any non-aerated drinks in the preparation of which fruit juice or herbs (other than tea) are used.

(e) No person shall without the written permission of the Head of the Sanitary Department and the Medical Officer of Health sell or offer for sale the jellies known as Leung Fan () and Man Tau Lo (饅頭蘿).

Made by the Sanitary Board this 5th day of July, 1932.

J. H. GELLING,

Secretary.

Approved by the Legislative Council this 4th day of August, 1932.

H. K. BUTTERS,

Deputy Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 5, 1932. 583

RETIRING MEMBER.

sense, on behalf of the Unofficial Members.

The Hon. Mr. H. T. CREASY, C.B.E. replied.

ADJOURNMENT.

10. The Council then adjourned sine die.

Confirmed this 4th day of August, 1932.

H. R. BUTTERS, Deputy Clerk of Councils.

No. 512.

W. T. SOUTHORN, Officer Administering the Government.

Hong Kong.

ORDINANCE No. 1 of 1903. - (PUBLIC HEALTH AND BUILDINGS).

Add to by-law No. 9 the following:

Made by the Sanitary Board this 5th day of July, 1932.

J. H. GELLING,

Secretary.

Approved by the Legislative Council this 4th day of August, 1932.

H. K. BUTTERS,

Deputy Clerk of Councils.

584 THE HONG KONG GOVERNMENT GAZETTE, AUGUST 5, 1932.

APPOINTMENTS, &c.

　　　　No. 513.-Mr. PHILIP JACKS resumed duty as Land Officer on the termination of his appointment to be an additional Judge of the Supreme Court, with effect from 2nd August, 1932.

5th August, 1932.

NOTICES.

SANITARY DEPARTMENT.

No. 514.-It is hereby notified that the rate for limewashing in Hong Kong and Kowloon under By-law 4 of the Domestic Cleanliness and Ventilation By-laws shall be $3.80 per floor for the year starting 1st October, 1932.

5th August, 1932.

G. R. SAYER,

Head of the Sanitary Department.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 515. It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909 :----

Numbers of Marks.

Date of Registration.

Names and Addresses of Owners.

Period of Renewal.

Classes in which renewed.

File Nos.

No. 69 of 1904.

2nd August, 1904.

T. C. Williams Company,

11, Fifth Avenue,

2nd August, 1946.

117 of 1932.

New York, U.S.A.

Nos. 135 to 137 of 1918.

2nd August, 1918.

Kwong Sang Hong Limited, 246, Des Voeux Road, Central, Hong Kong.

Do.

149 of 1932.

4th August, 1932.

E. L. AGASSIZ,

Registrar of Trade Marks.

586

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 12, 1932.

EXECUTIVE COUNCIL.

No. 516.

Hong Kong.

THE COMPANIES ORDINANCE, 1911.

With reference to the annual list in two parts containing the names of persons authorised by the Governor in Council to perform the duties required by the above mentioned Ordinance to be performed by an auditor, published as Government Notification No. 477 in the Gazette of the 22nd July, 1952, the following further additions to part I of the said list are now published,-

Names added-

WHITE, C. P.

PAGE, P. S.

Messrs. WHITE PAGE & Co.

COUNCIL CHAMBER,

8th August, 1932.

No. 517.

D. W. TRATMAN,

Clerk of Councils.

Hong Kong.

ORDINANCE No. 1 of 1873. (DANGEROUS GOODS).

In exercise of the powers conferred by section 5 of the Dangerous Goods Ordinance, 1873, the Governor in Council makes the following addition to the regulations under the heading "Exemptions of certain substances from the provisions of the Ordinance" published on pages 19 to 21 of the Regula- tions of Hong Kong 1844 to 1925-

Addition.

Alcoholic liquids.

3. Alcoholic liquids of a less strength than 70 parts per cent, by weight of alcohol shall not be deemed to be dangerous goods.

COUNCIL CHAMBER,

10th August, 1932.

D. W. TRATMAN,

Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 12, 1932. 587

APPOINTMENTS, &c.

　　No. 518.-His Majesty the KING has been pleased to confirm the provisional appointment of the Honourable Mr. ROBERT HORMUS KOTEWALL, C.M.G., LL.D., to be temporarily an Unofficial Member of the Executive Council in the place of the Honourable Sir SHOUSON CHоw, Kt., who is temporarily absent from the Colony.

12th August, 1932.

NOTICES.

No. 519.

Order under section 92 (8) of the Public Health and Buildings Ordinance, 1903, Ordinance No. 1 of 1903, made by the Officer Administering the Government on the 5th day of August, 1932.

WHEREAS I, WILFRID THOMAS SOUTHORN, Com- panion of the Most Distinguished Order of Saint Michael and Saint George, Officer Administering the Government of the Colony of Hong Kong and its Dependencies and Vice-Admiral of the same, deem it expedient for the execution of a public purpose to remove all graves in those portions of Sections B and C in Mount Caroline Cemetery in which bodies were buried during the year 1924, and in that portion of Section A in which bodies were buried during 1925, NOW, I, by this Order under my hand, by virtue of the power in that behalf vested in me by section 92 (8) of the Public Health and Buildings Ordinance, 1903, and all other powers thereto me enabling DO HEREBY ORDER AND DIRECT that the said graves be removed to the satisfaction of the Director of Public Works either by the Public Works Department or by the Tung Wah Hospital should the Board of Direction desire to undertake the work and that the remains removed from such graves shall be re- interred or disposed of in such manner as the Secretary for Chinese Affairs in consultation with the Head of the Sanitary Department and the Board of Direction of the Tung Wah Hospital shall think fit and that all reasonable expenses in connection with such removal, re-interment and disposal shall be defrayed out of the public revenue of the Colony.

Given under my hand this 5th day of August, 1932.

GOVERNMENT HOUSE,

HONG KONG,

W. T. SOUTHORN, Officer Administering the Government.

588

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 12, 1932.

No. 520.

Order under section 92 (8) of the Public Health and Buildings Ordinance, 1903, Ordinance No. 1 of 1903, made by the Officer Administering the Government on the 5th day of August, 1932.

WHEREAS I, WILFRID THOMAS SOUTHORN, Com- panion of the Most Distinguished Order of Saint Michael and Saint George, Officer Administering the Government of the Colony of Hong Kong and its Dependencies and Vice-Admiral of the same, deem it expedient for the execution' of a public purpose to remove all graves in those portions of Sections B and C in Kowloon Cemetery No. 2 (Ho Man Tin Cemetery) in which bodies were buried during the year 1923, and in Section A and Trenches in which bodies were buried during the year 1925, NOW, I, by this order under my hand, by virtue of the power in that behalf vested in me by section 92 (8) of the Public Health and Buildings Ordinance, 1903, and all other powers thereto me enabling DO HEREBY ORDER AND DIRECT that the said graves be removed to the satisfaction of the Director of Public Works either by the Public Works Department or by the Tung Wah Hospital should the Board of Direction desire to undertake the work and that the remains removed from such graves shall be re-interred or disposed of in such manner as the Secretary for Chinese Affairs in consultation with the Head of the Sanitary Depart- ment and the Board of Direction of the Tung Wah Hospital shall think fit and that all reasonable expenses in connection with such removal, re-interment and disposal shall be defrayed out of the public revenue of the Colony,

Given under my hand this 5th day of August, 1932.

W. T. SOUTHORN, Officer Administering the Government.

GOVERNMENT HOUSE,

HONG KONG.

No. 521.

Order under section 92 (8) of the Public Health and Suildings Ordinance, 1903, Ordinance No. 1 of 1903, made by the Officer Administering the Government on the 5th day of August, 1932.

588

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 12, 1932.

No. 520.

Order under section 92 (8) of the Public Health and Buildings Ordinance, 1903, Ordinance No. 1 of 1903, made by the Officer Administering the Government on the 5th day of August, 1932.

WHEREAS I, WILFRID THOMAS SOUTHORN, Com- panion of the Most Distinguished Order of Saint Michael and Saint George, Officer Administering the Government of the Colony of Hong Kong and its Dependencies and Vice-Admiral of the same, deem it expedient for the execution' of a public purpose to remove all graves in those portions of Sections B and C in Kowloon Cemetery No. 2 (Ho Man Tin Cemetery) in which bodies were buried during the year 1923, and in Section A and Trenches in which bodies were buried during the year 1925, NOW, I, by this order under my hand, by virtue of the power in that behalf vested in me by section 92 (8) of the Public Health and Buildings Ordinance, 1903, and all other powers thereto me enabling DO HEREBY ORDER AND DIRECT that the said graves be removed to the satisfaction of the Director of Public Works either by the Public Works Department or by the Tung Wah Hospital should the Board of Direction desire to undertake the work and that the remains removed from such graves shall be re-interred or disposed of in such manner as the Secretary for Chinese Affairs in consultation with the Head of the Sanitary Depart- ment and the Board of Direction of the Tung Wah Hospital shall think fit and that all reasonable expenses in connection with such removal, re-interment and disposal shall be defrayed out of the public revenue of the Colony,

Given under my hand this 5th day of August, 1932.

W. T. SOUTHORN, Officer Administering the Government.

GOVERNMENT HOUSE,

HONG KONG.

No. 521.

Order under section 92 (8) of the Public Health and Suildings Ordinance, 1903, Ordinance No. 1 of 1903, made by the Officer Administering the Government on the 5th day of August, 1932.

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 12, 1932. 589

behalf vested in me by section 92 (8) of the Public Health and Buildings Ordinance, 1903, and all other powers thereto me enabling DO HEREBY ORDER AND DIRECT that the said graves be removed to the satisfaction of the Director of Public Works either by the Public Works Department or by the Tung Wah Hospital should the Board of Direction desire to under- take the work and that the remains removed from such graves shall be re-interred or disposed of in such manner as the Secretary for Chinese Affairs in consultation with the Head of the Sanitary Department and the Board of Direction of the Tung Wah Hospital shall think fit and that all reasonable expenses in connection with such removal, re-interment and disposal shall be defrayed out of the public revenue of the Colony.

Given under my hand this 5th day of August. 1932.

GOVERNMENT HOUSE, HONG KONG.

No. 522.

W. T. SOUTHORN. Officer Administering the Government.

Order under section 92 (8) of the Public Health and Buildings Ordinance, 1903, Ordinance No. 1 of 1903, made by the Officer Administering the Government on the 5th day of August, 1932.

WHEREAS I, WILFRID THOMAS SOUTHORN, Com- panion of the Most Distinguished Order of Saint Michael and Saint George, Officer Administering the Government of the Colony of Hong Kong and its Dependencies and Vice-Admiral of the same, deem it expedient for the execution of a public purpose to remove all graves in that portion of Section A in New Kowloon Cemetery No. 4 (Sai Yu Shek Cemetery) in which bodies were buried during the year 1925, and in those portions of Sections B and C in which bodies were buried during the year 1924, NOW, I, by this order under my hand, by virtue of the power in that behalf vested in me by section 92 (8) of the Public Health and Buildings Ordinance, 1903, and all other powers thereto me enabling DO HEREBY ORDER AND DIRECT that the said graves be removed to the satisfaction of the Director of Public Works either by the Public Works Department or by the Tung Wah Hospital should the Board of Direction desire to undertake the work and that the remains removed from such graves shall be re- interred or disposed of in such manner as the Secretary for Chinese Affairs in consultation with the Head of the Sanitary Department and the Board of Direction of the Tung Wah Hospital shall think fit and that all reasonable expenses in connection with such removal, re-interment and disposal shall be defrayed out of the public revenue of the Colony.

Given under my hand this 5th day of August, 1932.

GOVERNMENT HOUSE,

HONG KONG.

W. T. SOUTHORN, Officer Administering the Government.

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 12, 1932. 589

Given under my hand this 5th day of August. 1932.

GOVERNMENT HOUSE, HONG KONG.

No. 522.

W. T. SOUTHORN. Officer Administering the Government.

Order under section 92 (8) of the Public Health and Buildings Ordinance, 1903, Ordinance No. 1 of 1903, made by the Officer Administering the Government on the 5th day of August, 1932.

WHEREAS I, WILFRID THOMAS SOUTHORN, Com- panion of the Most Distinguished Order of Saint Michael and Saint George, Officer Administering the Government of the Colony of Hong Kong and its Dependencies and Vice-Admiral of the same, deem it expedient for the execution of a public purpose to remove all graves in that portion of Section A in New Kowloon Cemetery No. 4 (Sai Yu Shek Cemetery) in which bodies were buried during the year 1925, and in those portions of Sections B and C in which bodies were buried during the year 1924, NOW, I, by this order under my hand, by virtue of the power in that behalf vested in me by section 92 (8) of the Public Health and Buildings Ordinance, 1903, and all other powers thereto me enabling DO HEREBY ORDER AND DIRECT that the said graves be removed to the satisfaction of the Director of Public Works either by the Public Works Department or by the Tung Wah Hospital should the Board of Direction desire to undertake the work and that the remains removed from such graves shall be re- interred or disposed of in such manner as the Secretary for Chinese Affairs in consultation with the Head of the Sanitary Department and the Board of Direction of the Tung Wah Hospital shall think fit and that all reasonable expenses in connection with such removal, re-interment and disposal shall be defrayed out of the public revenue of the Colony.

Given under my hand this 5th day of August, 1932.

GOVERNMENT HOUSE,

HONG KONG.

W. T. SOUTHORN, Officer Administering the Government.

590

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 12, 1932.

No. 523.

Order under section 92 (8) of the Public Health and Buildings Ordinance, 1903, Ordinance No. 1 of 1903 made by the Officer Administering the Government on the 5th day of August, 1932.

WHEREAS 1. WILFRID THOMAS SOUTHORN, Com- panion of the Most Distinguished Order of Saint Michael and Saint George, Officer Administering the Government of the Colony of Hong Kong and its Dependencies and Vice-Admiral of the same, deem it expedient for the execution of a public purpose to remove all graves in those portions of Sections A, B and C in Chai Wan Cemetery in which bodies were buried during the year 1923, and all graves in this cemetery between the numbers 6000 to 6499 inclusive which have not previously been exhumed. NOW, I, by this Order under my hand. by virtue of the power in that behalf vested in me by section 92 (8) of the Public Health and Buildings Ordinance, 1903. and all other powers thereto me enabling DO HEREBY ORDER AND DIRECT that the said graves be removed to the satis- faction of the Director of Public Works either by the Public Works Department or by the Tung Wah Hospital should the Board of Direction desire to undertake the work and that the remains removed from such graves shall be re-interred or dis- posed of in such manner as the Secretary for Chinese Affairs in consultation with the Head of the Sanitary Department and the Board of Direction of the Tung Wah Hospital shall think fit and that all reasonable expenses in connection with such removal, re-interment and disposal shall be defrayed out of the public revenue of the Colony.

Given under my hand this 5th day of August, 1932

GOVERNMENT HOUSE,

HONG KONG.

W. T. SOUTHORN, Officer Administering the Government.

No. 524.

Order under section 92 (8) of the Public Health and Buildings Ordinance, 1903, Ordinance No. 1 of 1903, made by the Officer Administering the Government on the 5th day of August, 1932.

WHEREAS I. WILFRID THOMAS SOUTHORN. Com- panion of the Most Distinguished Order of Saint Michael and Saint George, Officer Administering the Government of the Colony of Hong Kong and its Dependencies and Vice-Admiral of the same, deem it expedient for the execution of a public purpose to remove all graves in that portion of Tung Wah Hospital Cemetery at Kai Lung Wan shewn on a plan referred to in Government Notification No. 87 of 5th February, 1932. NOW, I, by this Order under my hand, by virtue of the power in that behalf vested in me by section 92 (8) of the Public Health and Buildings Ordinance, 1903, and all other powers

590

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 12, 1932.

No. 523.

Order under section 92 (8) of the Public Health and Buildings Ordinance, 1903, Ordinance No. 1 of 1903 made by the Officer Administering the Government on the 5th day of August, 1932.

Given under my hand this 5th day of August, 1932

GOVERNMENT HOUSE,

HONG KONG.

W. T. SOUTHORN, Officer Administering the Government.

No. 524.

Order under section 92 (8) of the Public Health and Buildings Ordinance, 1903, Ordinance No. 1 of 1903, made by the Officer Administering the Government on the 5th day of August, 1932.

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 12, 1932.

thereto me enabling DO HEREBY ORDER AND DIRECT that the said graves be removed to the satisfaction of the Director of Public Works either by the Public Works Depart- ment or by the Tung Wah Hospital should the Board of Direction desire to undertake the work and that the remains removed from such graves shall be re-interred or disposed of in such manner as the Secretary for Chinese Affairs in con- sultation with the Head of the Sanitary Department and the Board of Direction of the Tung Wah Hospital shall think fit and that all reasonable expenses in connection with such re- moval, re-interment and disposal shall be defrayed out of the public revenue of the Colony.

Given under my hand this 5th day of August, 1932.

W. T. SOUTHORN, Officer Administering the Government.

591

GOVERNMENT HOUSE,

No. 525.

HONG KONG.

Order under section 92 (8) of the Public Health and Buildings Ordinance, 1903, Ordinance No. 1 of 1903, made by the Officer Administering the Government on the 5th day of August, 1932.

WHEREAS 1, WILFRID THOMAS SOUTHORN, Com- panion of the Most Distinguished Order of Saint Michael and Saint George, Officer Administering the Government of the Colony of Hong Kong and its Dependencies and Vice-Admiral of the same, deem it expedient for the execution of a public purpose to remove all graves in that portion of Section A in Kai Lung Wan East Cemetery in which bodies were buried during the year 1925, that portion of Section B in which bodies were buried during the years 1922, 1923 and 1924, and Trenches in which bodies were buried during the years 1923, 1924 and 1925, NOW, I, by this Order under my hand, by virtue of the power in that behalf vested in me by section 92 (8) of the Public Health and Buildings Ordinance, 1903, and all other powers thereto me enabling DO HEREBY ORDER AND DIRECT that the said graves be removed to the satis- faction of the Director of Public Works either by the Public Works Department or by the Tung Wah Hospital should the Board of Direction desire to undertake the work and that the remains removed from such graves shall be re-interred or disposed of in such manner as the Secretary for Chinese Affairs in consultation with the Head of the Sanitary Depart- ment and the Board of Direction of the Tung Wah Hospital shall think fit and that all reasonable expenses in connection with such removal, re-interment and disposal shall be defrayed out of the public revenue of the Colony.

Given under my hand this 5th day of August, 1932.

GOVERNMENT HOUSE,

W. T. SOUTHORN, Officer Administering the Government.

HONG KONG.

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 12, 1932.

Given under my hand this 5th day of August, 1932.

W. T. SOUTHORN, Officer Administering the Government.

591

GOVERNMENT HOUSE,

No. 525.

HONG KONG.

Order under section 92 (8) of the Public Health and Buildings Ordinance, 1903, Ordinance No. 1 of 1903, made by the Officer Administering the Government on the 5th day of August, 1932.

Given under my hand this 5th day of August, 1932.

GOVERNMENT HOUSE,

W. T. SOUTHORN, Officer Administering the Government.

HONG KONG.

592

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 12, 1932.

COLONIAL SECRETARY'S DEPARTMENT.

　　　　No. 526. The following Finding of the Marine Court of Enquiry held on the 3rd August, 1932, to enquire into the circumstances attending the collision between the S.S. Tin Yat and the Steam Tug Edith, is published for general information.

12th August, 1932.

FINDING.

E. R. HALLIFAX,

Colonial Secretary.

•

We find that the Steamship Tin Yat Official No. 154033 of Hong Kong of which Mr. William Perritt (Certificate of Competency as Master No. 001820 of Glasgow) was Master, left the Ping On Wharf at 9.55 p.m. on 25th July, 1932, on a voyage to Canton.

　　　　Having straightened up she proceeded down the Southern Fairway on a course to pass South of No. B 7 Buoy. On approaching No. B 7 Buoy she sighted the Tug Henry Keswick of which Mr. Allen MacInnes (Certificate of Competency as Master No. 3287 of Hong Kong) was Master, fine on her starboard bow, Henry Keswick at this time showing towing lights. Tin Yat on reaching No. B 7 Buoy altered course to N. W. W. and increased speed to full speed. Proceeding on this course the Tin Yat came into collision with the Tug Edith which was made fast alongside S.S. Hirundo, a ship being towed by the Tug Henry Keswick.

We find that a sufficiently sharp lookout was not kept by the S.S. Tin Yat.

　　　　We further find that having observed the Henry Keswick fine on his starboard bow on approaching B 7 Buoy Mr. William Perritt should have maintained his course and speed.

We therefore adjudge the aforesaid Mr. William Perritt to be severely reprimanded.

2. We find that the Tug Henry Keswick was approaching the Stonecutters Quaran- tine Anchorage from the South-West at about 10 p.m. on July 25th, 1932, having in tow the S.S. Hirundo with the Tug Edith secured alongside the Hirundo's starboard side. The length of the tow-rope being approximately 127 fathoms.

At about 10.14 p.m. the Edith was struck on the starboard side by the S.S. Tin Yat and sank in a position mile W.N.W. of the North Fairway Buoy with a loss of three lives.

We are of the opinion that such a length of tow was unwieldly when navigated in crowded waters and should have been considerably shortened before passing Green.

Island.

3. We are of the opinion that when the collision had occurred everything possible was done by all concerned to save life.

Given under our hands at Victoria, in the Colony of Hong Kong, this 3rd day of August, 1932.

(Signed)

G. F. HOLE,

Stipendiary Magistrate and President of the Court.

L. G. ADDINGTON,

Lieut.-Commdr., R.N., H.M. Dockyard.

C. STRINGER,

Master, British S.S. Kwangchow.

J. P. WILLIAMS,

Master, British S.S Protesilaus.

A. W. MUIR,

Master, British S.S. Tung On.

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 12, 1932. 593

ROYAL OBSERVATORY.

　　　No. 527.-Extract of Meteorological Observations made at the Royal Observatory, Hong Kong, during the month of July, 1932.

DATE.

BAROMETER

AT M.S.L.

TEMPERATURE.

HUMIDITY,

Max.

Mean. Min.

Rel.

Abs.

CLOUDINESS.

SUNSHINE.

WIND.

RAIN.

Mean

Dir.

Vel.

Miles

July

ins.

p. c.

ins.

p. c.

hrs.

ins.

Points.

p.h.

29.68

87.0

$1.9 77.0

0.87

10.6

SE by E

3.7

71 87.1 81.8

79.1

.92

8.1

E by S

9.4

.76

85.1

81.7

79.9

.90

9.9

15.7

.70

844

80.7

77.6

.90

7.6

0.300

E by N

15.0

83.0 80.3

78.5

.89

0.6

0.700

SSW

10.2

6..

.So

89.7

83.1

78.0

.92

4.5

0.035

S by W

8.6

.82

87.7

83.1

80.8

.89

7.9

0.020

6.6

8,.

.79

88.7

83.9

81.6

.89

7.9

•

SW by S

8.7

9,.

.77

89.1

83.9

81.7 76

10.7

0.010

SW by S

9.1

.8;

10,.

89.5

83.8

80.0

.88

11.3

0.050

S by E

5.7

.86

[I,

85.9

81.6

77.0

.91

7.7

0.640

E by S

10.1

.86

[ 2.

87.7

82.9 78.6 83

.93

.80

13..

86.0 82.1

78.8

.91

14,1

.74

87.1

83.3 79.2

.92

SO DO N

6.5

0.300

E by S

15.2

6.1

0.700

E by S

15.3

8.7

0.160

E by S

16.2

15,.

.77

86.8

83.1

77.2

-,༨

.92

0.555

ESE

20.4

16..

.79

86.0

82.1

77.0 85

.93

5.6

0.805

E by S

20. I

17..

$79

89.0

82.6 79.0

8.0

0.620

SE by E

10.5

18,.

-75

86.9

82.4

77-7

6.0

0.610

ESE

12.2

19..

.75 86.9

82.8

78.6

8༣

8.8

0.185

ESE

14.3

20..

.70

87.8

84.0

81.6

19.9

0.095

14.6

.62

21,.

85.0

81.6 75.4

0.9

2.105

E by N

31.4

22..

.67 $1.2

77.9

75.3

.86

100

3.675

E by S

32.5

.82

23..

80.8

78.9

76.8 91

.90

100

O.I

3.145

ESE

23.2

.88

24..

79.1

77.0 75.5

.85

0.4

1.405

7.0

25..

.80

87.0

80.4 75.1

.85

8.7

ESE

5.6

26,.

.72

86.0

81.3 78.0 78

.84

9.3

SE by E

3.7

.62

27,.

87.0

82.3 77.9 80

.88

10.9

3.4

28,.

.54

87.9

83.5 81.0

.91

4.8

SW by W

7.8

29,.

•49

84.2

81.4 78.0 87

.94

100

2.220

30,.

.50

80.5

78.7 76.9 93

.91

100

31,.

.50

79.4 77.9 76.8 96

.91

4.220

3.155

WSW S by E E

9.7.

11.7

9.5

Mean,

29.73

85.8

81.7 78.2 84

0.90 79 189.9

25.710

ESE

12.5

MEANS AND EXTREMES FOR JULY:-

Maximum,. Normals, Minimum,

29.82

88.7 83.6 79.9 85 0.92 29.72 86. 82.0 78.4 83 29.61 84.2 80.1

76.0

0.90 0.87

So 282.8 39.075 68 212.2 15.020 48

130.6 4.575

14.3

10.9

7.2

　　　The rainfall for the month of July at the Botanical Gardens was 27ins. 58 on 24 days, at the Matilda Hospital, Mount Kellett, it was 21ins. 50 on 25 days, at Fanling, 19ins. 86 on 17 days, and at the Police Station, Taipo, 26ins. 33 on 28 days.

The lowest reading of the barometer (M.S.L.) was 29ins. 406 at 17h. 52m. on the 29th. The maximum gust velocity as recorded by the Dines-Baxendell anemograph, was at the rate of 67 miles per hour at 21h 19m. on the 21st.

11th August, 1932.

C. W. JEFFRIES,

Director.

594

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 12, 1932.

SUPREME COURT.

　　　No. 528. It is hereby notified for general information that, pursuant to section 5 of the Criminal Procedure Ordinance, 1899, His Honour the Chief Justice has ordered that the next Criminal Sessions for the despatch of the business of the Court shall be held on Monday, the 22nd day of August, 1932, at 10 o'clock in the forenoon.

10th August, 1932.

E. P. H. LANG,

Registrar.

No. 529.-It is hereby notified that at the expiration of three months from the date hereof the GRABER, PATTARD AND COMPANY, LIMITED, will, unless cause is shewn to the contrary, be struck off the register and the company will be dissolved.

SUPREME COURT,

Hong Kong,

8th August, 1932.

E. P. H. LANG,

Registrar of Companies

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　No. 530. It is hereby notified that the registration of the following trade marks has expired and that they will be removed from the Register of Trade Marks on the 12th September, 1932, unless the prescribed fees for renewal of registration are paid before that date:---

Number of Trade Marks.

Names and Addresses of Proprietors.

Date of Expiration of Registration.

File

Nos.

No. 147 of 1918.

Oi Kwan Knitting and Weaving Company, Limited, of 64, Bonham Strand, Hong Kong.

7th August, 1932.

150

of 1932.

No. 52 of 1919.

Nos. 34 and 35 of 1919.

California Packing Corporation, 101, California Street, San Francisco, United States of America.

Manitou Mineral Water Company, Colorado Springs, County of El Paso, State of Colorado, United States of America.

11th August, 1932.

Do.

151 B of 1932.

10th August, 1932.

153 of 1932.

E. L. AGASSIZ, Registrar of Trade Marks.

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 12, 1932. 595

OFFICE OF REGISTRAR OF TRADE MARKS.

　　No. 531.-It is hereby notified that the registration of the following trade mark has been renewed under the provisions of the Trade Marks Ordinance, 1909 :-

Number of

Mark.

Date of Registration.

Period

Name and Address of Owner.

of Renewal.

Class in which renewed.

File No.

No. 13 of 1919.

10th August, 1918.

Pun Luk Sin, carrying on business at No. 109, Wellington Street, first floor, Victoria in the Colony of Hong Kong.

10th August,

1946.

152 of 1932

11th August, 1932.

E. L. AGASSIZ, Registrar of Trade Marks

598

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 19,1932.

EXECUTIVE COUNCIL.

No. 532.

Hong Kong.

ORDINANCE No. 1 of 1903. (PUBLIC HEALTH AND BUILDINGS).

SCHEDULE B.

The Governor in Council hereby declares that an occasion. exists, in those districts of the Colony to which Part II of the Public Health and Buildings Ordinance, 1903, applies, which, for the prevention of cholera, necessitates the coming into force of By-laws Nos. 9 (d) and 9 (e) of the By-laws for the prevention and mitigation of epidemic, endemic, contagious or infectious disease made under the above-mentioned Ordinance.

D. W. TRATMAN,

Clerk of Councils.

COUNCIL CHAMBER,

18th August,1932.

Notice

The effect of the above mentioned declaration is that, as from the date of the publication thereof and until further order, the following additional by-laws are in force:--

9 (d). No person shall without the written permission of the Head of the Sanitary Department and the Medical Officer of Health sell or offer for sale any non-aerated drinks in the preparation of which fruit juice or herhs (other than tea) are used.

9 (e). No person shall without the written permission of the Head of the Sanitary Department and the Medical Officer of Health sell or offer for sale the jellies known as Leung Fan (凉粉)

Tau Lo(饅頭蘿)

第俾頒則施衞

and

Man

佈布

佈告事照得

布政司夏

眾行

俾衆週知此佈頒行至將來取銷則另行佈告茲將該兩欸章程開列於後則例所立之防範流行傳染症章程第九條(丁)(戊)兩款施行之本港各約現在情形爲防免霍亂起見應將按照該衛民生及建造屋宇則例B 字附表宣布該則例第二章所督憲會同議政局按照一千九百零三年第一條則例卽保

計開

第條九(丁)欸

行傳

佈染形B

茲章防附

將程表

(戊)欸無論何人如無清淨局總辦及衛生醫官

含有炭酸者(茶茗不計在内) 無論何人如無清凈局總辦及衛生醫官准照不得售賣菓汁或草藥之凍飲其非

八准

一千九百卅二年八月十九日

准照不得售賣凉粉及饅頭蘿

篇

欸該所保

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 19, 1932. 599

No. 533.

No. 534.

Hong Kong.

The Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, Table L, Quarantine Regulations.

It is hereby declared by order of His Excellency the Governor in Council that Dairen is a place at which an infectious or contagious disease, namely, cholera, prevails.

D. W. TRATMAN,

COUNCIL CHAMBER,

18th August, 1932.

Clerk of Councils.

LEGISLATIVE COUNCIL.

LEGISLATIVE COUNCIL, No. II.

Thursday, 4th August, 1932, at 2.30 p.m.

PRESENT:

HIS EXCELLENCY THE OFFICER ADMINISTERING THE GOVERNMENT (Hon. Mr. WILFRID THOMAS SOUTHORN, C.M.G.).

His Excellency the General Officer Commanding the Troops, (Major-General JAMES

WALTER SANDILANDS, C.B., C.M.G., D.S.O.).

The Honourable the Colonial Secretary, (Mr. EDWIN RICHARD HALLIFAX, C.M.G., C.B.E.). the Attorney General, (Mr. CHALONER GRENVILLE ALABASTER, K.C.,

O.B.E.).

the Secretary for Chinese Affairs, (Mr. ALAN EUSTACE WOOD). the Colonial Treasurer, (Mr. EDWIN TAYLOR).

Commander GEORGE FRANCIS HOLE, R.N. (Retired), (Harbour Master). Dr. ARTHUR ROBARTES WELLINGTON, (Director of Medical and Sanitary

Services).

Mr. THOMAS HENRY KING, (Acting Inspector General of Police).

Mr. RICHARD MCNEIL HENDERSON, (Acting Director of Public Works). Sir HENRY EDWARD POLLOCK, Kt., K.C.

Mr. WILLIAM EDWARD LEONARD SHENTON.

Mr. ROBERT HORMUS KOTEWALL, C.M.G., LL.D.

Mr. José PEDRO BRAGA.

Mr. Ts'o SEEN-WAN, O.B.E., LL.D.

Mr. JOHN JOHNSTONE PATERSON.

Mr. CHAU TSUN-NIN.

Mr. WILLIAM HENRY BELL.

Mr. HENRY ROBERT BUTTERS, (Deputy Clerk of Councils).

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 19, 1932. 599

No. 533.

No. 534.

Hong Kong.

The Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, Table L, Quarantine Regulations.

It is hereby declared by order of His Excellency the Governor in Council that Dairen is a place at which an infectious or contagious disease, namely, cholera, prevails.

D. W. TRATMAN,

COUNCIL CHAMBER,

18th August, 1932.

Clerk of Councils.

LEGISLATIVE COUNCIL.

LEGISLATIVE COUNCIL, No. II.

Thursday, 4th August, 1932, at 2.30 p.m.

PRESENT:

HIS EXCELLENCY THE OFFICER ADMINISTERING THE GOVERNMENT (Hon. Mr. WILFRID THOMAS SOUTHORN, C.M.G.).

His Excellency the General Officer Commanding the Troops, (Major-General JAMES

WALTER SANDILANDS, C.B., C.M.G., D.S.O.).

The Honourable the Colonial Secretary, (Mr. EDWIN RICHARD HALLIFAX, C.M.G., C.B.E.). the Attorney General, (Mr. CHALONER GRENVILLE ALABASTER, K.C.,

O.B.E.).

the Secretary for Chinese Affairs, (Mr. ALAN EUSTACE WOOD). the Colonial Treasurer, (Mr. EDWIN TAYLOR).

Commander GEORGE FRANCIS HOLE, R.N. (Retired), (Harbour Master). Dr. ARTHUR ROBARTES WELLINGTON, (Director of Medical and Sanitary

Services).

Mr. THOMAS HENRY KING, (Acting Inspector General of Police).

Mr. RICHARD MCNEIL HENDERSON, (Acting Director of Public Works). Sir HENRY EDWARD POLLOCK, Kt., K.C.

Mr. WILLIAM EDWARD LEONARD SHENTON.

Mr. ROBERT HORMUS KOTEWALL, C.M.G., LL.D.

Mr. José PEDRO BRAGA.

Mr. Ts'o SEEN-WAN, O.B.E., LL.D.

Mr. JOHN JOHNSTONE PATERSON.

Mr. CHAU TSUN-NIN.

Mr. WILLIAM HENRY BELL.

Mr. HENRY ROBERT BUTTERS, (Deputy Clerk of Councils).

600

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 19, 1932.

1. The Council met pursuant to adjournment. His Excellency the Officer Adminis-

tering the Government occupied the Chair.

MINUTES.

2. The Minutes of the Meeting held on the 30th June, 1932, were confirmed.

OATH.

3. The Hon. Mr. RICHARD MCNEIL HENDERSON, (Acting Director of Public Works)

took the Oath of Allegiance and his seat as a Member of the Council.

PAPERS.

4. The following papers were laid on the table :-

Notification under section 3 of the Marriage Ordinance, 1875.

Amendment under section 6 of the Vaccination Ordinance, 1923, of the forms

set out in the Second Schedule to the Ordinance.

Resolution passed by the Legislative Council under section 39 of the Liquors.

Ordinance, 1931, Ordinance No. 36 of 1931, dated 30th June, 1931.

Additional regulations made by the Governor in Council under section 37 of the Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, dated 30th June, 1932.

Declaration under the Merchant Shipping Ordinance, 1899, Ordinance No. 10-

of 1899, Table L, Quarantine Regulations, dated 5th July, 1932. Declaration under the Merchant Shipping Ordinance, 1899, Ordinance No. 10

of 1899, Table L, Quarantine Regulations, dated 6th July, 1932. Declaration under the Merchant Shipping Ordinance, 1899, Ordinance No. 10.

of 1899, Table L, Quarantine Regulations, dated 7th July, 1932. Regulations made by the Governor in Council under section 2 of the Emer- gency Regulations Ordinance, 1922, Ordinance No. 5 of 1922, dated 7th July, 1932.

Amendments made by the Governor in Council under section 18 of the Prisons

Ordinance, 1899, Ordinance No. 4 of 1899, dated 10th July, 1932. Notification under section 3 of the Marriage Ordinance, 1875.

Rescission and substitution of regulation made by the Governor in Council under section 5 of the Ferries Ordinance, 1917, Ordinance No. 28 of 1917, dated 15th July, 1932.

Approval and appointment to be a warehouse under section 52 of the Liquors

Ordinance, 1931, Ordinance No. 36 of 1931, dated 15th July, 1932. Regulations made by the Governor in Council under section 88 of the Liquors

Ordinance, 1931, Ordinance No. 36 of 1931, dated 15th July, 1932. Declaration under the Merchant Shipping Ordinance, 1899, Ordinance No. 10

of 1899, Table L, Quarantine Regulations, dated 18th July, 1932. Addition to regulation made by the Governor in Council under section 3 of the Post Office Ordinance, 1926, Ordinance No. 7 of 1926, dated 20th July, 1932. Regulation made by the Governor in Council under section 3 of the Importa- tion and Exportation Ordinance, 1915, Ordinance No. 32 of 1915, dated. 20th July, 1932.

Addition to regulations made by the Governor in Council under section 2 of the Advertisements Regulation Ordinance, 1912, Ordinance No. 19 of 1912, dated 28th July, 1932.

Amendments to the Air Navigation Directions (Hong Kong), 1932.

Administration Reports, 1931:-

Part I.-General Administration:

Report of the Secretary for Chinese Affairs.

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 19, 1932. 601

Part VI.--Public Works:

Report of the Director of Public Works.

Sessional Papers, 1932:-

No. 4.--Colony's Water Supply. Meterage: Rider Mains.

QUESTIONS.

Efforts to check waste. Universal

5. The Hon. Mr. R. H. KOTEWALL, C.M.G., LL.D., pursuant to notice, asked the

following question :-

With reference to the questions which I put in this Council on the 19th May, 1932, and the Hon. Colonial Secretary's reply thereto, and in view of the water situation having greatly improved since that date, will the Government state whether it is prepared immediately to re-introduce a direct supply of water to the unmetered houses in the rider-main districts for, say, 8 hours a day with, if necessary, a corresponding decrease in the hours of supply to the metered houses and the street- fountains, so as to permit of a fairer distribution among all classes of the population, and to reduce the risk of a spread of cholera-infection through contamination of water-receptacles exposed in the streets, and through water being drawn from possibly contaminated sources such as nullahs and streams.

The Hon. Mr. RICHARD MCNEIL HENDERSON, (Acting Director of Public Works)

replied:

The Government sees no reason to grant a special concession to rider main areas at the expense of metered areas, when it is prepared to grant meters as quickly as the work can be carried out to all householders who apply for them. The Water position has recently improved to such an extent that it has become possible to open some of the rider main areas without detriment to the metered areas, and this has now been done. There remain certain rider main areas in which it has not been possible to reintroduce the old rider main system. This matter forms the subject of a motion to be introduced by the Colonial Secretary this afternoon.

6. The Hon. Mr. R. H. KOTEWALL, C.M.G., LL.D., pursuant to notice, asked the

following questions :-

In view of the Government's intention to introduce universal meterage as

soon as possible, will the Government state :-

(2) Whether it will lay on the table at an early date a statement.

giving a history of the rider-main system.

(ii) What is the number of meters applied for but not yet installed in (a) rider-main districts and (b) other districts; and when will they be installed.

(iii) Whether there is an adequate supply of meters in the Colony to meet all demands for meters to be installed in the rider-main districts and other districts.

(ir) How long will it take to have meters installed in all the unmetered houses in the rider-main districts due regard being given to the possibility of installing a meter on each floor of every tenement-house.

The Hon. Mr. RICHARD MCNEIL HENDERSON, (Acting Director of Public Works)

replied:

(i) This statement has been laid on the table to-day.

(ii)--(a) 2,100.

(b) Including Kowloon 400.

602

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 19, 1932.

(c) It is hoped that under the system by which the Government pro- poses to supersede rider mains all existing applications will have been dealt with by the end of November.

(iii) There are approximately 9,000 houses in the rider main districts of which 5,600 are without meters. There are 600 meters in stock in the Colony and further supplies totalling 3,650 are due by the end of October in fortnightly consignments from now on: more meters will be ordered as required. These meters will be installed in accordance with the Government scheme for the abolition of rider mains which will be explained in connexion with the Resolution for the abolition of the rider main system.

(iv) This will depend on the rate of application and the number of applicants. The outstanding number of houses is 5,600 and 2,100 applications for meters have been received. To give separate meters to each floor of a tenement house throughout the Colony would involve the fixing of additional meters to an estimated number of from 40,000, to 50,000. This is a work which the Colony cannot undertake at present and very careful consideration of many factors (apart from the heavy capital expense) will be necessary before it is possible for the Government to pledge itself in this matter.

There is however no objection to individual owners installing separate meters of their own to determine the distribution of the supply passing through the main Government meter of the house.

7. The Hon. Mr. W. E. L. SHENTON, pursuant to notice, asked the following

questions:----

1. Will Government inform this Council of Government's policy in reference

to an air mail service

(a) Between Hong Kong and French Indo-China,

(b) Between Hong Kong and Canton, and

2. Has Government ascertained whether the French Government and Chinese Government are prepared to co-operate in such enterprises, and if so on what terms?

3. Is Government prepared to financially assist private enterprise in any or

all of the above air lines?

The Hon. the Colonial Secretary replied:-

1. While the Government is not prepared to institute Air Mail services, it remains ready to accord sympathetic consideration to any practical pro- posals that may be put forward. In the absence of concrete proposals, the policy cannot be more closely defined.

2. The French authorities propose to carry out experimental flights between Hanoi and Hong Kong and it is possible that proposals will be put for- ward in the light of the results obtained.

No information is available regarding the attitude of the Chinese Government.

3. No undertaking can be given but the sympathetic consideration referred to in the first paragraph of this reply contemplates the grant of financial assistance if an application meets with approval.

8. The Hon. Sir HENRY E. POLLOCK, Kt., K.C., pursuant to notice, asked the

following questions: ---

1. Has the Government got any Estimate of the cost of making a motor-road from May Road to Magazine Gap? If so, what is the amount of such Estimate?

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 19, 1932. 603

2. In the event of such a road being made, what would (approximately) be the saving of distance, as compared with the Stubbs Road route, in travelling by motor-car to Magazine Gap from

(i) The General Post Office;

(ii) The May Road Tram Station?

The Hon. Mr. RICHARD MCNEIL HENDERSON, (Acting Director of Public Works)

replied:-

1. $75,000.

2.-(i) 2.4 miles.

(ii) 4.8 miles.

9. The Attorney General moved :-

MOTIONS.

That the amendment to By-laws made by the Sanitary Board under section 16 of the Public Health and Buildings Ordinance, 1903, on the 5th day of July, 1932, relating to Prevention of mitigation of epidemic, endemic, contagious or infectious disease, be approved.

The Colonial Secretary seconded.

Question-put and agreed to.

10. The Colonial Secretary moved :--

That with reference to the Colonial Secretary's motion passed on the 10th December, 1931, this Council approves of the additional expenditure of $15,000 on the filters in connection with the Shing Mun Valley Water Supply Scheme, during the financial year 1932, which sum shall be met from a future loan and shall meanwhile be charged as an advance from the surplus balances of the Colony.

The Colonial Treasurer seconded. Question-put and agreed to.

11. The Colonial Secretary moved:-

(a) That this Council approves the construction of the works connected with the Shing Mun Valley Water Supply Scheme, 2nd Section, at an estimated cost of $9.200,000.

(b) That this Council authorizes the sum of $75,000 out of the said sum of $9,200,000 to be charged to a future loan and sanctions an advance of this sum of $75.000 during the financial year 1932 from the surplus balances of the Colony.

The Colonial Treasurer seconded.

The Hon. Sir HENRY E. POLLOCK, Kt., K.C., the Hon. Mr. R. H. KOTEWALL, C.M.G.,

LL.D., and the Colonial Secretary addressed the Council.

Question-put and agreed to.

12. The Colonial Secretary moved :-

That in the opinion of this Council the time has come for the Colony to abandon the principle of the rider main system, substituting therefor the principle of compulsory meterage to all house supplies to which the alternative shall be a free supply from street fountains.

The Colonial Treasurer seconded.

The Hon. Sir HENRY E. POLLOCK, Kt., K.C., asked that this question be adjourned until the next meeting of this Council and that such adjournment be for a fortnight.

Motion deferred till next meeting of Council..

604

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 19, 1932.

13. Supplementary Appropriation Bill.-The Colonial Treasurer addressed the Council and moved the First reading of a Bill intituled "An Ordinance to authorize the Appropriation of a Supplementary Sum of One million eight hundred and eighteen thousand three hundred and seven Dollars and seventy- eight Cents to defray the Charges of the year 1931."

The Colonial Secretary seconded.

Question put and agreed to.

Bill read a first time.

14. Foreshores and Sea Bed Amendment Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to amend the Foreshores and Sea Bed Ordinance, 1901."

The Colonial Secretary seconded.

Question--put and agreed to.

Bill read a first time.

15. Factories and Workshops Bill.--The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to amend and consolidate the law relating to Factories and Workshops and to the employment of Women, Young Persons and Children in certain industries." The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

16. Minimum Wage Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to make provision for fixing minimum wages in occupations where the wages paid are unreason- ably low."

The Colonial Secretary seconded.

Question put and agreed to.

Bill read a first time.

ADJOURNMENT.

17. The Council then adjourned until Thursday, the 18th day of August, 1932, at

2.30 p.m.

W. T. SOUTHORN, Officer Administering the Government.

Confirmed this 18th day of August, 1932.

H. R. BUTTERS,

Deputy Clerk of Councils.

　　　　No. 535.-His Excellency the Officer Administering the Government has given his assent, in the name and on behalf of His Majesty the KING, to the following Ordi- nances passed by the Legislative ouncil:----

Ordinance No. 25 of 1932.-An Ordinance to authorize the Appropriation of a

Supplementary Sum of One million eight hundred and eighteen thousand three hundred and seven Dollars and seventy-eight Cents to defray the Charges of the year 1931.

Ordinance No. 26 of 1932. -An Ordinance to amend the Foreshores and Sea

Bed Ordinance, 1901.

Ordinance No. 27 of 1932.-An Ordinance to amend and consolidate the law relating to Factories and Workshops and to the employment of Women, Young Persons and Children in certain industries.

Ordinance No. 28 of 1932.-An Ordinance to make provision for fixing minimum wages in occupations where the wages paid are unreasonably low.

604

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 19, 1932.

The Colonial Secretary seconded.

Question put and agreed to.

Bill read a first time.

The Colonial Secretary seconded.

Question--put and agreed to.

Bill read a first time.

Question-put and agreed to.

Bill read a first time.

The Colonial Secretary seconded.

Question put and agreed to.

Bill read a first time.

ADJOURNMENT.

17. The Council then adjourned until Thursday, the 18th day of August, 1932, at

2.30 p.m.

W. T. SOUTHORN, Officer Administering the Government.

Confirmed this 18th day of August, 1932.

H. R. BUTTERS,

Deputy Clerk of Councils.

Ordinance No. 25 of 1932.-An Ordinance to authorize the Appropriation of a

Supplementary Sum of One million eight hundred and eighteen thousand three hundred and seven Dollars and seventy-eight Cents to defray the Charges of the year 1931.

Ordinance No. 26 of 1932. -An Ordinance to amend the Foreshores and Sea

Bed Ordinance, 1901.

Ordinance No. 27 of 1932.-An Ordinance to amend and consolidate the law relating to Factories and Workshops and to the employment of Women, Young Persons and Children in certain industries.

Ordinance No. 28 of 1932.-An Ordinance to make provision for fixing minimum wages in occupations where the wages paid are unreasonably low.

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 19, 1932.

HONG KONG.

605

No. 25 of 1932.

I assent.

W. T. SOUTHORN,

L.S.

Officer Administering the Government,

19th August, 1932.

An Ordinance to authorize the Appropriation of a Supple- mentary Sum of One million eight hundred and eighteen thousand three hundred and seven Dollars and seventy eight Cents to defray the Charges of the year 1931.

[19th August, 1932.]

WHEREAS it has become necessary to make further provision for the public service of the Colony for the year 1931, in addition to the charge upon the revenue of the Colony for the service of the said year already provided for:

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:--

A sum of one million eight hundred and eighteen thousand three hundred and seven Dollars and seventy eight Cents is hereby charged upon the revenue of the Colony for the service of the year 1931, the said sum so charged being expended as hereinafter specified; that is to say:

His Excellency the Governor

Cadet Service

Senior Clerical and Accounting Staff

14,715.97

69,857.97

6,932.84.

Colonial Secretary's Office and Legislature

7,603.05

Secretariat for Chinese Affairs

1,679.45

Treasury

16,645.57

Audit Department

8,476.71

Imports and Exports Office

160,100.48

Royal Observatory

3,125.85

Supreme Court

11,962.02

Attorney General

3,406.92

Crown Solicitor

4,930.64

Official Receiver and Registrar of Trade

Marks

2,080.14

Land Registry

5,409.90

Police Force

57,199.31

Prisons Department

64,750.73

Public Works Department

267,750.48

Public Works Recurrent

45,776.75

Miscellaneous Services

Charitable Services

Pensions

TOTAL

720,170.69

32,290.90

313,441.41

$1,818,307.78

Passed the Legislative Council of Hong Kong, this

18th day of August, 1932.

H. R. BUTTERS,

Deputy Clerk of Councils.

606

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 19, 1932.

HONG KONG.

No. 26 of 1932.

I assent.

W. T. SOUTHORN,

L.S.

Officer Administering the Government.

19th August, 1932.

Short title.

Substitution

for Ordinance No. 15 of 1901,

s. 3.

Power to

grant Crown leases of foreshore and sea bed,

and to award

in certain

cases.

An Ordinance to amend the Foreshores and Sea Bed Ordi-

nance, 1901.

[19th August, 1932.]

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Foreshores and Sea Bed Amendment Ordinance, 1932.

2. Section 3 of the Foreshores and Sea Bed Ordinance, 1901, is repealed and the following section is substituted therefor :-

3.--(1) It shall be lawful for the Governor to grant and to agree to grant such Crown leases for any term not exceeding seventy-five years (renewable on the usual terms), or for such longer term as the Secretary of State may authorise, compensation of the foreshore and sea bed within the limits of the waters of the Colony, and of Crown land covered with water in any tidal. river or channel connected with such waters, as may be declar- ed by the Governor in Council to be expedient to be granted for the purpose of reclamation, harbour improvement, or build- ing, or for the construction of docks, slips, piers, or wharves, or in view of the requirements of manufactures, commerce, or traffic, or for any other purpose whatsoever: Provided. always that, before any such declaration is made, the terms of the lease proposed to be made, with a description of the property intended to be demised, shall be inserted in every ordinary issue of the Gazette during a period of three months and shall be published by proclamation in the Chinese language, which proclamation shall be publicly posted in some suitable place near the site of the said property, together with a notice calling upon all persons having objections to the granting of such lease, and also all persons, who deem that their property may be injuriously affected by reason of the access of such property to the sea being interfered with by the granting of any such lease and who claim compensation in respect thereof, to send in their objections or claims in writing to the Director of Public Works before the expiration of the said period of three months,

(2) All such objections shall be duly considered by the Governor in Council. On such consideration the Governor in Council shall have regard to the objections and also to the public benefit which would accrue by over-ruling them.

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 19, 1932. 607

(3) Any person, who shall deem that his property may be injuriously affected by any such Crown lease by reason of the access of such property to the sea being interfered with, and who claims compensation in respect thereof, shall deliver to the Director of Public Works particulars in writing of such injurious affecting and of his claims in respect thereof within the period of three months referred to in sub-section (1); and the Governor may, if he thinks fit, enter into an agreement with any claimant for the settlement or compromise of any claim.

(4) If the Governor makes no acceptable offer of settlement or compromise within two months of such delivery of particulars, the claimant may within three months of such delivery notify the Director of Public Works that he desires a reference to

　reference to a judge; and the Governor shal thereupon refer the claim with the particulars thereof to such one of the judges as the judges may mutually arrange.

(5) Such judge shall hear any evidence which either the Director of Public Works or the claimant may wish to tender and. if so desired, hear counsel or solicitor on behalf of the Crown and the claimant, and shall determine the amount of compensation, if any, to be paid to any such claimant for any such injurious affecting as is described in sub-section (3) and may award costs in his discretion either for or against the Crown or for or against any party claiming compensation, such costs in case of difference to be settled by the Registrar of the Supreme Court.

(6) Such judge shall have powers similar to those vested in the Supreme Court on the occasion of any action in respect of-

(a) enforcing the attendance of witnesses and examining them upon oath, or otherwise;

(b) compelling the production of documents:

(d) ordering inspection of any premises; and

(e) entering upon and viewing any premises.

(7) No appeal shall lie from any award or decision of a judge under this section.

(8) So much of the provision of this section as requires the insertion in the Gazette of the terms of the Crown leases proposed to be made under this Ordinance with a description of the property intended to be demised shall not apply in respect of such leases as may hereafter be granted of any portions of the foreshore, sea bed, and submerged land as are situated in or contiguous to the New Territories.

3. In section 5 of the Foreshores and Sea Bed Ordinance, Amendment 1901, all words after the word "water." are repealed.

Passed the Legislative Council of long Kong, this

of Ordinance No. 15 of 1901, s. 5.

18th day of August, 1932.

H. R. BUTTERS, Deputy Clerk of Councils.

608

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 19, 1932.

HONG KONG.

No. 27 or 1932.

I assent.

W. T. SOUTHORN,

L.S.

Officer Administering the Government.

Short title.

Definitions.

10 & 11 Geo. 5. c. 65, Schedule.

19th August, 1932.

An Ordinance to amend and consolidate the law relating to Factories and Workshops and to the employment of Women, Young Persons and Children in certain industries.

[19th August, 1932.]

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Factories and Workshops Ordinance, 1932.

2. In this Ordinance,-

(1) "Child" means a person under the age of 16 years.

(2) "Factory" means any premises or place wherein or within the close or curtilage or precincts of which any machinery other than machinery worked entirely by hand is used in aid of any industrial undertaking carried on in such premises or place.

(3) "Dangerous trade" means any trade or occupation whatsoever which is declared by regulation made under this Ordinance to be a dangerous trade

(4) "Industrial undertaking" includes:-

(a) factories and workshops;

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

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

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

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

but does not include any agricultural operation,

፣

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 19, 1932. 609

(5) "Inspector" means any person appointed by the Governor to be an Inspector or Assistant Inspector of Labour, Factories and Workshops for the purposes of this Ordinance.

(6) "Proprietor" includes a body corporate and a firm.

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

(8) "Workshop" means any premises or place other than a factory wherein or within the close or curtilage or precincts of which any manual labour is exercised by way of trade or for purposes of gain in or incidental to making any article or part of any article, or altering, repairing, ornamenting or finishing or adapting for sale any article, provided that at least 20 persons are employed in manual labour in the said premises or in the close, curtilage and precincts thereof.

(9) "Young person" means any person of or over the age of 16 years and under the age of 18 years.

3.-(1) It shall be lawful for the Governor to appoint Inspectors Inspectors and Assistant Inspectors of Labour, Factories and and their Workshops.

powers.

(2) The Protector and every Inspector shall have the 1 Edw. 7, following powers :-

(a) power to enter, inspect and examine at all reasonable times, by day and night, any place or premises in which he knows or has reasonable cause to believe that an industrial undertaking is carried on.

(b) power to take with him in any such case any person whom he may reasonably need in order to assist him in carrying out his duties under this Ordinance;

(c) power to require the production of any register or other documents required to be kept under this Ordinance, and to inspect, examine and copy the same;

(d) power to make such examination and enquiry as may be necessary to ascertain whether the requirements of this Ordinance are being complied with, and to seize any thing which may appear to be evidence of any offence against this Ordinance;

(e) power to examine, either alone or in the presence of

any other person, as he thinks fit, with respect to matters under this Ordinance, every person whom he finds. in any industrial undertaking to which the regulations made under this Ordinance for the time being apply, or whom he has reason- able cause to believe to have been within the preceding two months employed in any such industrial undertaking, and to require every such person to be so examined and to sign a declaration of the truth of the matters respecting which he has been so examined;

(f) any other powers which may be conferred by any regulation made under this Ordinance and any other powers which may be necessary for carrying this Ördinance into

effect.

(3) No person shall obstruct or delay the Protector or any Inspector in the exercise of any of the above powers.

c. 22, s. 119.

610

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 19, 1932.

Regula

tions.

(4) Every person who employs or has employed any woman, young person or child in an industrial undertaking, and every servant of any such employer, shall on demand give to the Protector or to any Inspector all information in his possession with reference to such woman, young person or child, and all information in his possession with reference to the labour conditions and treatment of any women, young persons or children employed by such employer.

(5) It shall be lawful for the Protector and for any Inspector, if he has reasonable cause to suspect that an offence against this Ordinance has been committed, to remove and to detain for enquiries in a suitable place any young person or child found in any place in, about or in respect of, which such offence (if any) would appear to have been committed.

4. (1) It shall be lawful for the Governor in Council to make regulations in respect of industrial undertakings for the following purposes:-

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

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

(c) prescribing the conditions under and the hours within which women, young persons and children may be employed in industrial undertakings;

(d) imposing obligations (including obligations imposed with a view to the promotion of hygiene) upon persons who employ women, young persons or children in industrial undertakings and on the servants of such persons;

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

(f) exempting any industrial undertaking from the operation of this Ordinance or any part thereof;

(g) prescribing the forms to be used in carrying out this Ordinance both in respect of registration and otherwise;

(h) prescribing means of securing hygienic conditions in factories and workshops;

(i) prescribing means of preventing accidents in factories and workshops, and of relieving persons suffering from the effects of such accidents;

j) requiring notifications to be made in relation to accidents occuring in factories and workshops;

(k) prescribing the precautions to be taken against fire in factories and workshops;

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

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

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 19, 1932.

611

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

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

5.-(1) Every premises or place opened or used as a Registra- factory or workshop shall be registered annually at the office tion. of the Protector.

(2) It shall be the duty of the Protector:-

(a) to receive applications for the registration of factories. and workshops:

(b) to issue certificates of registration;

(c) to keep a register in the prescribed form of the factories and workshops in respect of which certificates of registration have been issued.

(3) The Protector shall have power to refuse any application for registration, and to cancel any certificate of registration already issued: Provided that an appeal from any such refusal or cancellation shall be by way of petition to the Governor in Council whose decision shall be final

necessary

6. No place or premises shall be opened or used as a Registration factory or workshop until it has been registered under this before Ordinance.

opening or

use.

liability for

7.-(1) Upon proof before a magistrate of any con- Penalty and travention of, or attempt to contravene, or failure to comply contraven with, any of the provisions of this Ordinance or of any tion. regulation made thereunder, the proprietor of the business carried on in the factory or workshop or industrial undertaking in question shall be liable to a fine not exceeding two hundred and fifty dollars, whether personal knowledge on his part, or (in the case of a firm) on the part of the partners, or (in the case of a company) on the part of the directors or officers thereof, be proved or not.

　Where such contravention was in fact due to the act or omission of some person other than the proprietor, such other person, upon proof of that fact before a magistrate, shall also, without prejudice to the liability of the proprietor, be liable to a fine not exceeding two hundred and fifty dollars.

8. (1) Any summons relating to an alleged contraven- Frocedure. tion of any provision of this Ordinance or of any regulation made thereunder may be served by leaving a copy of such summons with some adult on the premises of the factory or workshop or industrial undertaking in question.

(2) Any such summons may be addressed to the pro- prietor of the business carried on in the factory or workshop or industrial undertaking in question, without specifying the name of the proprietor, and if on the hearing of such summons the alleged contravention is proved to the satisfaction of the magistrate, it shall be lawful for the magistrate to order that any fine imposed, if not paid, shall be recovered by distress and sale of the machinery, goods and chattels found on the premises of the factory or workshop or industrial undertaking in question. For the purposes of such distress and sale it shall be lawful for the magistrate to adopt the forms contained in the First Schedule to the Magistrates Ordinance, 1890.

612

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 19, 1932.

Presump- tions.

Consent.

Repeals.

Commence- ment.

9. In any prosecution under this Ordinance,-

(1) If it appears to the magistrate that any person who is alleged in the charge to have been a young person or child at the date of the alleged offence was a young person or child at the said date, it shall, until the contrary is proved, be presumed that such person was a young person or child at the said date;

(2) if it appears to the magistrate that any young person or child, who is alleged in the charge to have been under any particular age at the date of the alleged offence, was under that particular age at the said date, it shall, until the contrary is proved, be presumed that the said young person or child was under the said age at the said date.

10. No prosecution under this Ordinance shall be commenced without the consent of the Protector.

11. Ordinances No. 22 of 1922, No. 3 of 1927 and No. 24 of 1929 together with all regulations made under those Ordinances are repealed

12. This Ordinance shall come into operation upon such date as may be fixed by Proclamation of the Governor.

Passed the Legislative Council of Hong Kong, this. 18th day of August, 1932.

H. R. BUTTERS, Deputy Clerk of Councils.

SCHEDULE.

[8. 4.]

A.-Regulations governing the employment of women, young persons: and children in industrial undertakings.

1. The following are declared to be dangerous trades:-

Boiler chipping.

Fireworks, the manufacture of.

Glass working.

Lead processes.

Vermilion manufacture

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

3. No person shall employ any female young person or woman in any dangerous trade without the written permission of the Protector.

4. No person shall employ any child under the age of 12 years in any industrial undertaking.

5.-(1) The proprietor and the manager of every industrial under- taking in which children are employed shall cause to be kept in English or Chinese a running record of all the children at any time employed in such industrial undertaking.

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 19, 1932.

(2) Such record shall contain the following particulars:-

(a) name of industrial undertaking;

(b) address of same;

(d) name of manager;

(e) name of child;

(f) sex of child;

(g) date of birth of child, or, if date cannot be ascertained,

estimated age on some given date;

(h) address of child;

(i) name of parent or guardian,

(1) nature of employment;

(k) actual hours of work for every day on which the child

is employed;

(3) Every such record shall be entered up promptly and accurately.

6. No child shall be allowed to work in any industrial undertaking for more than 9 hours in any period of 24 hours.

7. No child shall be allowed to work in any industrial undertaking for more than 5 hours continuously.

8. In any industrial undertaking the interval of relaxation between. any spell of 5 hours continuous work and the next spell of work shall be not less than one hour, and the interval of relaxation after any spell of work of less than 5 hours duration shall be of reasonable duration having regard to all circumstances.

9. Every child employed in any industrial undertaking shall be allowed one day's rest in every seven days.

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

11. No woman or young person shall be employed in any industrial undertaking between 9 p.m. and 7 a.m.

12. No child shall be allowed to carry any weight which is unreason- ably heavy having regard to the child's age and physical development, and no child whatever shall be allowed to carry any load exceeding 40 catties in weight.

B-Factory and Workshop Regulations.

1. Subject to any exemption granted by the Protector of Labour Applica- these regulations shall apply to all factories and workshops.

2. It shall be lawful for the Protector to exempt any factory or workshop or any class of factory or workshop from all or any of these regulations, and to withdraw any such exemption.

3. (1) Every accident in a factory or workshop which results in loss of life or which disables any person employed in the factory so as to cause him to be absent for more than three days from his ordinary work, shall, within seven days thereof, be reported on the form in the First Appendix hereto, either at the office of the Protector or at a police station.

(2) If any accident causing disablement is notified under this regulation and the accident subsequently results in the death of the person disabled, notice in writing of the death shall forthwith be given either at the office of the Protector or at a police station.

tion.

Power to exempt.

Notification of accidents.

Driving

4. (1) All driving belts passing through floors shall be securely belts. fenced to a height of 6 feet from the floor.

(2) All driving belts used for main driving or counter-driving which are within 6 feet of the floor or other place to which the workers have access shall be securely fenced.

་

613

614

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 19, 1932.

Machines adjacent to passage ways.

Dangerous parts of machinery and mill- gearing.

Exposed wheels, etc.

Shafting.

Meaning

of securely fenced.

Main-

tenance of efficiency of fencing.

(3) All overhead main driving belts, if more than four inches wide, shall be protected underneath with strong guards of wood or metal at those parts where persons are likely to pass under them.

5. All moving parts of any machines which are adjacent to any passage way shall be securely fenced.

6.--(1) All dangerous parts of all machinery, and every part of the mill-gearing, must either be securely fenced, or be in such position or of such construction as to be equally safe to every person employed or working in the factory as it would be if it were securely fenced.

(2) For the purposes of this regulation, "mill gearing" includes every shaft, wheel, drum and pulley and every other appliance by which motion or power is communicated to any machine.

7. All fly wheels, all pulleys, and all exposed wheels, shall be securely fenced, and all set screws and bolt heads shall be cut off or countersunk.

8. All shafting which runs at a height of less than 6 feet from the floor or any place to which the workers have access shall be securely fenced.

9. For the purposes of these regulations, "securely fenced" means securely fenced to the satisfaction of the Protector.

10. All fencing must be constantly maintained in an efficient state while the parts required to be fenced are in motion or use, except where they are under repair

　　　　　　　　　　　　　　or under examination in connexion with repair, or are necessarily exposed for the purpose of cleaning or lubricating or for altering the gearing or arrangements of the parts of the machine.

11. While any person employed in a factory or workshop is within the factory for the purpose of employment or meals, the doors of the factory, and of any room therein in which any such person is, must not be locked or bolted or fastened in such a manner that they cannot be easily and immediately opened from the inside.

12. In every factory or workshop the doors of each room in which more persons than ten are employed shall, except in the case of sliding doors, be constructed or altered so as to open outwards. In case of alteration of doors to comply with this regulation the work shall as soon as possible be carried out by and at the expense of the proprietor of the business carried on in the factory or workshop.

13. Every application for the registration of a factory or workshop shall be made in the form in the second Appendix hereto.

APPENDIX I.

NOTIFICATION OF ACCIDENT.

Factories Ordinance, 1932.

Name of factory or workshop

Address of factory or workshop

Kind of work done in factory or workshop

Name of proprietors

Date of accident

Name of person injured

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 19, 1932.

Nature of injury

Short description of accident

Date of report

Signature of person making the report

APPENDIX II.

FORM OF APPLICATION FOR REGISTRATION AS A FACTORY OR WORKSHOP.

Factory and Workshop Ordinance, 1932.

commence

I hereby give notice that I propose to

occupation of

factory

continue

on the premises known as

Street and request

workshop

that the said premises may be duly registered for such purpose.

Name of the Firm under which

the business is to be carried on.

Name of Manager.

Nature of the work to be done.

Nature of moving power (steam, electricity, etc.)

Approximate number of persons

to be employed.

Whether women or girls

are to be empolyed.

Whether children under the age

of 15 years are to be employed.

Signature of Applicant.

(Statement of Capacity in which the party signs).

This notice must be served on the Protector of Labour at the office of the Secretary for Chinese Affairs within fourteen days of the commencement of occupation.

615

616

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 19, 1932.

HONG KONG.

No. 28. OF 1932.

I assent.

W. T. SOUTHORN,

L. S.

Officer Administering the Government.

Short title.

Fixing minimum wages in certain

cases.

Ordinance No. 13 of 1886.

Penalty for payment

of less than minimum

wage.

Rules for Minimum Wage

Board.

19th August, 1932.

An Ordinance to make provision for fixing minimum wages in occupations where the wages paid are unreasonably low.

[19th August, 1932.]

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Minimum Wage Ordinance, 1932.

2.--(1) The Governor in Council may, at any time he thinks fit, fix a minimum wage for any occupation in which he is satisfied that the wages paid are unreasonably low.

(2) For the purpose of instituting, making, and conducting any inquiry that may be deemed advisable in connection with fixing any minimum wage under this Ordinance, and for reporting thereon, the Governor may at any time appoint a Board of Commissioners consisting of five persons, of whom one shall be a judge or magistrate, who shall be chairman of the Board.

(3) The provisions of sections 3 to 10, inclusive, of the Commissioners Powers Ordinance, 1886, shall apply to any Board so appointed.

3. Any minimum wage so fixed shall be published by Government Notification in the Gazette and thereafter, until the said minimum wage is revoked by a subsequent Govern- inent Notification similarly published, the payment of a iess wage in any occupation than the minimum fixed for that occupation shall be deemed to be a contravention of this Ordinance for which the offender shall be liable on summary conviction to a fine not exceeding five hundred dollars.

4. The Governor in Council may make regulations governing the procedure to be adopted by any Board appointed under section 2 and generally for the purposes of carrying into effect the provisions of this Ordinance.

Passed the Legislative Council of Hong Kong, this 18th day of August, 1932.

H. R. BUTTERS, Deputy Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 19, 1932.

No. 536.

617

Hong Kong.

Resolution passed by the Legislative Council under section 39 of the Liquors Ordinance, 1931, Ordinance No. 36 of 1931, on the 18th day of August, 1932.

LIQUOR DUTIES RESOLUTION.

In pursuance of the powers conferred by section 39 of the Liquors Ordinance, 1931, Ordinance No. 36 of 1931, as amended by the Liquors Amendment Ordinance, Ordinance No. 20 of 1932, the Legislative Council resolves that, not- withstanding anything contained in the Liquor Duties Resolution published by Notification No. 354 in the Gazette of the 2nd June, 1932, the Liquor Duty to be paid on beer brewed or made in the Colony shall be assessed at 60 cents per gallon when the original gravity of the worts for such beer does not exceed 1055 degrees as measured by the "Bates standard saccharometer and at one additional cent per gallon for every degree in excess of an original gravity of 1055 degrees so measured.

COUNCIL CHAMBER,

18th August, 1932.

H. R. BUTTERS, Deputy Clerk of Councils.

　　No. 537.-His Majesty the KING has not been advised to exercise his power of disallowance with respect to the following Ordinances :--

Ordinance No. 7 of 1932.-An Ordinance to amend and consolidate the law relating to opium.

Ordinance No. 9 of 1932.-An Ordinance to amend the Vaccination Ordinance,

1923.

Ordinance No. 12 of 1932.-An Ordinance to amend the law relating to the

Registration of Births and Deaths.

Ordinance No. 13 of 1932.-An Ordinance to regulate the employment of Young

Persons and Children at Sea.

Ordinance No. 15 of 1932.-An Ordinance to amend the United Kingdom

Designs (Protection) Ordinance, 1928.

COUNCIL CHAMBER,

18th August, 1932.

H. R. BUTTERS, Deputy Clerk of Councils

618

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 19, 1932.

APPOINTMENTS, &c.

No. 538 His Excellency the Officer Administering the Government has, in accordance with instructions received from the Secretary of State for the Colonies, been pleased to recognise Mr. RENE JOSEPH FRANCOIS LAURENT OHL, as Vice-Consul for Argentine in Hong Kong.

17th August, 1932.

　　　　No. 539.-His Excellency the Officer Administering the Government has been pleased to appoint Mr. GRAHAM SCUDAMORE PERCIVAL HEYWOOD, B.A., B. Sc. (Oxon.), to be Professional Assistant at the Royal Observatory, with effect from 10th August, 1932.

18th August, 1932.

No. 540.

NOTICES.

Hong Kong.

ORDINANCE No. 9 of 1897. (VAGRANCY).

I, WILFRID THOMAS SOUTHORN, Companion of the Most Distinguished Order of Saint Michael and Saint George, Officer Administering the Government of the Colony of Hong Kong and its Dependencies and Vice Admiral of the same, in exercise of the powers conferred upon me by section. 3 of the Vagrancy Ordinance, 1897, DO HEREBY CERTIFY Victoria Gaol, the Prison for Males at Lai Chi Kok and the Prison for Females at Lai Chi Kok to be houses of detention AND I APPOINT the Superintendent of Prisons to be Super- intendent of the said houses of detention.

Given under my hand this 18th day of August, 1932.

GOVERNMENT HOUSE,

HONG KONG.

W. T. SOUTHORN,

Officer Administering the Government.

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 19, 1932. 619

No. 541.

Hong Kong.

ORDINANCE No. 25 of 1917. (DEPORTATION).

I. WILFRID THOMAS SOUTHORN, Companion of the Most Distinguished Order of Saint Michael and Saint George, Officer Administering the Government of the Colony of Hong Kong and its Dependencies and Vice Admiral of the same, in exercise of the powers conferred upon me by section 11 of the Deportation Ordinance, 1917. DO HEREBY APPOINT Victoria Gaol, the Prison for Males at Lai Chi Kok and the Prison for Females at Lai Chi Kok to be Houses of Detention for the purposes of the aforesaid Ordinance AND I APPOINT the Superintendent of Prisons to be the Super- intendent of the said Houses of Detention.

Given under my hand this 18th day of August, 1932.

W. T. SOUTHORN,

Officer Administering the Government.

GOVERNMENT HOUSE,

HONG KONG.

COLONIAL SECRETARY'S DEPARTMENT.

　　　No. 542. It is hereby notified that the undermentioned street will in future be known by the name indicated against it:

DESCRIPTION,

FUTURE NAME.

CHINESE Version.

Street off Shaukiwan Road beginuing at the north corner of T.H.L. 86, running in a south-easterly direction, alongside the nullah, parallel to Ormsby Street and terminating at the entrance to 1.L. 2461 (Illumination Terrace)

Wun Sha Street.

街紗浣

•

19th August, 1932.

E. R. HALLIFAX,

Colonial Secretary.

620

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 19, 1932.

COLONIAL SECRETARY'S DEPARTMENT.

No. 543.-The following memorandum regarding the change from the indirect to the direct system of helm orders, based on information supplied by the Secretary of State for the Colonies and by the Board of Trade, is published for general informa- tion.

Under Article 41 of the International Convention on Safety of Life at Sea the contracting Governments, of which His Majesty's Government is one, agree

that

"helm or steering orders, i.e., orders to the steersman, shall on all their ships be given in the direct sense, e.g., when the ship is going ahead an order containing the word starboard' or 'right' or any equivalent of 'starboard' or 'right' shall only be used when it is intended, on ships as at present generally constructed and arranged, that the wheel, the rudder-blade and the head of the ship, shall all move to the right."

This system, which is exactly the opposite of that which has traditionally prevailed on British ships, was agreed to by the British delegations, including four naval officers and seven mercantile captains, after full consideration had been given to the initial disadvantages which might arise during the period: of transition, with a view to securing for British shipping as a whole the benefits of international uniformity in practice and, through such uniformity, a material increase in the standard of safety of life at sea. It has been the experience of nations which have already effected the change that the transi- tion can be made without difficulty or danger, and it is not therefore anticipated that British seamen will be inconvenienced in this respect.

So far as ships registered in the United Kingdom are concerned the necessary provision for enabling effect to be given to Article 41 of the Safety Conven- tion has been made in Section 29 of the Merchant Shipping (Safety and Load Line Conventions) Act, 1932, which reads:----

"(1) No person on any British ship registered in the United Kingdom shall when the ship is going ahead give a helm or steering order containing the word "starboard" or 'right" or any equivalent of "starboard," or "right," unless he intends that the head of the ship shall move to the right, or give a helm or steering order containing the word "port" or "left", or any equivalent of "port or "left", unless he intends that the head of the ship shall move to the left.

'(2) Any person who contravenes the provisions of this section shall'

for each offence be liable to a fine not exceeding fifty pounds".

The above quoted section is not yet in force but the intention is that it should be brought into operation on the date on which the International Safety Con- vention comes into operation; and the date which has been suggested to the other signatory governments for this purpose is the 1st January, 1933.

To secure that the change should have the fullest possible effect it is desirable for the direct system of helm orders to be adopted simultaneously in all British ships, wherever registered; it is therefore proposed that the necessary steps. shall be taken in the United Kingdom to move the issue of an order by His Majesty in Council, applicable to Hong Kong as from 1st January, 1933, under section 36 of the same Act which reads.

"(1) His Majesty may by Order in Council direct that the provisions of this Part of this Act and (so far as may appear to His Majesty to be expedient for the purpose of giving effect to the provisions of this Part of this Act) the provisions of any other Act relating to Merchant Shipping, including any enactments for the time being in force amending or substituted for the provisions of this Part of this Act or any other such Act, shall extend, with such exceptions, adapta- tions or modifications (if any) as may be specified in the Order, to the Isle of Man, any of the Channel Islands, and any colony."

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 19, 1932.

621

(2) The Foreign Jurisdiction Act, 1890, shall have effect as if the pro- visions of this Part of this Act were included among the enactments which, by virtue of Section five of that Act, may be extended by Order in Council to foreign countries in which for the time being. His Majesty has jurisdiction."

19th August, 1932.

E. R. HALLIFAX,

Colonial Secretary.

OFFICE OF Registrar of TRADE MARKS.

No. 544.--It is hereby notified that the registration of the following trade mark has been renewed under the provisions of the Trade Marks Ordinance, 1909:-

Number

Mark.

Date of Registration.

Name and Address of Owner.

Period of Renewal.

Class in which renewed.

File

No. 142 of 1918.

14th August, 1918.

Union Trading Company, Ltd., York Building, Victoria, Hong Kong.

14th August, 1946.

154 of 1932

18th August, 1932.

E. L. AGASSIZ, Registrar of Trade Marks.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 545. It is hereby notified that the registration of the following trade mark has expired and that it will be removed from the Register of Trade Marks on the 19th September, 1932, unless the prescribed fee for renewal of registration is paid before that. date:-

Number of Trade Mark.

Name and Address of Proprietor.

Date of Expiration of Registration.

File

No..

No. 148 of 1918.

18th August, 1932.

New Era Soap Company, Wing Hing Street, to Whitefield, Causeway Bay, Hong Kong.

14th August, 1932.

155

of 1932.

E. L. AGASSIZ, Registrar of Trade Marks.

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 19, 1932.

621

19th August, 1932.

E. R. HALLIFAX,

Colonial Secretary.

OFFICE OF Registrar of TRADE MARKS.

No. 544.--It is hereby notified that the registration of the following trade mark has been renewed under the provisions of the Trade Marks Ordinance, 1909:-

Number

Mark.

Date of Registration.

Name and Address of Owner.

Period of Renewal.

Class in which renewed.

File

No. 142 of 1918.

14th August, 1918.

Union Trading Company, Ltd., York Building, Victoria, Hong Kong.

14th August, 1946.

154 of 1932

18th August, 1932.

E. L. AGASSIZ, Registrar of Trade Marks.

OFFICE OF REGISTRAR OF TRADE MARKS.

Number of Trade Mark.

Name and Address of Proprietor.

Date of Expiration of Registration.

File

No..

No. 148 of 1918.

18th August, 1932.

New Era Soap Company, Wing Hing Street, to Whitefield, Causeway Bay, Hong Kong.

14th August, 1932.

155

of 1932.

E. L. AGASSIZ, Registrar of Trade Marks.

622 THE HONG KONG GOVERNMENT GAZETTE, AUGUST 19, 1932.

No. 546.

COMPARATIVE STATEMENT OF THE REVENUE AND EXPEN

Revenue from

Estimates.

1st to

Heads of Revenue.

31st

1932.

May,

1932.

Duties

7,890,000

250,918.95

Revenue for same

Actual Revenue to

Revenue

for same

period of preceding

31st

May,

period of preceding

year.

1932.

year.

€

500,827.21

3,145,708.60

2,378,059.89

Port and Harbour Dues.....

793,000

63,862.15

63.974.79

343 236.61

328,071.36

Licences

and

Internal

Revenue not otherwise

specified

16,234,110

1,275,101.91

1,312,337.88

7,258,075.16 6,731.281.60

Fees of Court or Office

Payments for specific

purposes, and Reim- bursements in Aid.......

2,122,100

171,896.72

149,766.75 1,083,521.87 928,134.10

Post Office

2,340,000

156,435.31

157,826.39

799,158.31

804,988.07

Kowloon-Canton Railway...

1,100,000

99,934.54

73,373.36

558,138.56 455,325.95

Rent of Government Pro-

perty, Land and Houses...

1,407,300

34,336.82

70,975.78

421,321.16

407,424.21

Interest

150,000

4,796.80

2,404.25

149,778.88 124,299.24

Miscellaneous Receipts......

205,000

6,271.24

9,920.11

108,125.74

118,084.66

Total (exclusive of Land

Sales)

32,241,510 2,063,554.44 2.341,406.52 13,867,064.89 12,275,669.08

Land Sales (Premia on New

Leases

1,750,000

126,697.87

109.887.47

581,033.93 1,091,221.95

TOTAL...

€

13th August, 1932.

33,991,510 2,190,252.31 2,451,293.99 14,448,098.82 13,366,891.03

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 19, 1932. 623

DITURE FOR THE PERIOD ENDED 31ST MAY, 1932.

Estimates,

Heads of Expenditure.

1932.

Expenditure from 1st to 31st

May, 1932.

Expenditure for same period of preceding

year.

TREASURY.

Actual Expenditure

to 31st

May, 1932.

Expenditure for same period of preceding

year.

H. E. the Governor

209,720

7.986.57

Cadet Service

755,321

48.834.10

13,317.77 52.645.41

57,999.75

72,591.77

225,532 81

266,533.60

Senior Clerical and Ac-

counting Staff

409,634

26,941.94

33,128.17

119,994.36

146,562.67

Junior Clerical Service

973,480

81,792.43

72,887.15

388,452.10

365,638.95

Colonial Secretary's Office

and Legislature

78,946

6,878.75

5.721.88

26,136,35

31,547.86

Secretariat

for

Chinese

Affairs

27.938

2.614.54

1,518.00

12,122.15

7,723.06

Treasury

115,580

0,565.53

9,302.89

50,668.87

34,874.91

Audit Department

97,054

4,601.93

5,053,39

27,302.51

35,682.58

District Office, North

26,867

1.229.35

1,657.18

7,885.99

8,616.46

Do., South

13,644

914.04

878.56

4,156.83

4,893.81

Communications :-

(a) Post Office

448,592

60,819.56

3,092.67

231,499.52

154,665.44

(1) Do. Wireless

Telegraph Service.

156,604

11,800.58

11,743.89

60,568.94

57,858.49

Imports and Exports

Office

802,437

11,195,51

215,438.89

187,272.43

340,657.03

Harbour Department

1,298,865

81,866.38

46,744.12

378,102.64

348,872.05

Do.

Air

Service

52.807

1.005.97

984.63

4,619.63

4,919.23

Royal Observatory

Fire Brigade...

88,160

6,303.09

6,441,27

29.828.68

31,890.67

363,965

29,380.92

55,021.63

105,054.00

156,464.73

Supreme Court.

209,300

13.182.97

11,022.35

65,258.13

88,562.29

Attorney General.

50,190

4.256.19

4.215.46

19,314.02

20.974.95

Crown Solicitor's Office

70,668

4,448.94

3,493.08

21,015.62

20,648.18

Official Receiver

24,641

1,676.62

1,729.91

7,678.72

9,271.65

Land Office

48,604

3,298 24

3,821.15

15,207.06

14,982.29

Magistracy, Hong Kong...

2,274

86.00

Do., Kowloon

2,117

171.76

226.82 179.91

642.77 636.66

776.27

736.34

Police Force

3.075,359

282,824.04

231,959.49

1,117,170,47

1,239,897.95

Prisons Department.

942,910

63,323.66

64,885.74

305,084.11

303,187.74

Medical Department

1,628,764

105,771.29

133.582.43

531,232.23

561.834.04

Sanitary Department

1,033,504

72,780.02

74,329.63

329,609.16

334,934.04

Botanical and Forestry

Department

129,070

10,069.83

9,831.62

47,168.51

46,318.51

Education Department

2,046,096

137,159.50

134,321,27

793,509.22

776,850.87

Kowloon-Canton Railway...

959,025

83,037.28

68,958.89

371,108.83

333,996.09

Defence:

(a) Volunteer Defence

Corps

132,949

7,358.04

(b) Military

Contribu-

tion

6,366.567

487,032.08

Miscellaneous Services

1.452.481

Charitable Services

175,762

169,443.94 4,500.12

7,788.22

663,187.61 60,723.27 4,803.16

38,674.77

45,519.71

3,160,014.87

2,215,700.61

702,025.94 19.486.45

731,360.04

20,118.78

Charge on Account of

Public Debt

1,973,307

147,810.00

679,435.13

817,869.17

Pensions

1,708,000

133,455.53

99,760.66

573,980.67

657,447.09

Do.,

Public Works Department. Recurrent...............

2,335,114

197,072.15

204,254.95

866,546.66

944,001.69

1,521,800

168,456.34

104,461.30

560,222.78

385,435.89

Do., Extraordinary.

31.808.116 2,490,945.73

2,173,545

117,722.82

33.981,661 2,698,668.55

2.570,924.42 169,717.42

2,740,641.84

12,142,220.34 439,376.13

11,643.417.50

410,037.37

12,581,596.47

12,058,454.87

Expenditure from Surplus.

balances

1,000,000

500,000,00

TOTAL..

34,981,661 { 2,608,668.55

2,740,641.84| 13,081,596,47 12,053,454.87

EDWIN TAYLOR,

Treasurer.

624

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 19, 1932.

TREASURY

No. 547 Financial Statement for the month of May, 1932.

REVENUE AND EXPENDITURE.

Excess of Assets over Liabilities on 30th April, 1932

Revenue from 1st to 31st May, 1932

Expenditure from 1st to 31st May, 1932

Balance

$ 13,132,548.06

2,190,252.31

$ 15,322,800.37 2,608,668.55

$ 12,714,131.82

Assets and Liabilities on the 31st May, 1932.

LIABILITIES.

ASSETS.

€;

Deposits :---

Contractors

Deposits

and Officers

311,320.75

Suitors Fund

580,632.17

Advances:

On account of Future Loan... Purchase of three Locomo- tives for Chinese Section, Kowloon-Canton Railway.

Miscellaneous

3,395,998.92

447,618.26

76,615.63

Miscellaneous Deposits

2,550,644.98

Building Loans

1,031,852.88

Postal Agencies

2,460.71

Imprest Account

42,218.95

Suspense Account

965,560.26

Subsidiary Coins.....

1,159,805.79

Exchange Adjustment

738,240.81

House Service Account

11,381.24

Trade Loan Reserve

1,062,898.91

Investments :-

Praya East Reclamation

135,333.90

Surplus Funds..

1,402,032.95

Coal Account

8,515.73

Crown Agents Remittances

22,439.80

Trade Loan Outstanding

1,036,229.76

Total Liabilities

6,355,608.22

Unallocated Stores, (P.W.D.)...

554,132.51

Unallocated Stores, (K.C.R.)

156,026.26.

Excess of Assets over Liabi-

lities

12,714,131.82

Lorry Haulage Account

5,699.59

Cash :-

Treasurer

Crown Agents

3,052,624.24 8,917.09

Joint Colonial Fund On Fixed Deposit

5,206,779.65

1,459,366.52

TOTAL

19,069,740.04

TOTAL......

19,069,740.04

13th August, 1932.

* Joint Colonial Fund....

£320,000 Os. Od.

EDWIN TAYLOR,

Treasurer.

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 19, 1932. 625

LAND REGISTRY OFFICE.

No. 548.-It is hereby notified for general information that a Memorial of Re-entry by the Crown on Kowloon Inland Lot No. 2827 has been registered according to law.

18th August, 1932.

PHILIP JACKS,

Land Officer.

THE CROWN LANDS RESUMPTION ORDINANCE, 1900.

No. 549.-It is hereby notified, pursuant to section 16 (2) of the Crown Lands Resumption Ordinance, 1900, that awards have been made in respect of the resumption of the undermentioned lots in Survey District IV of the New Territories as follows:--

Lot No. 3168

Lot No. 2893

Lot No. 914 Section G, Sub-sections 1

and 3

.$ 6,390.58

480.84

172.25

and that the District Officer, South, a Government Officer, is hereby appointed to pay the compensation so awarded together with interest thereon as prescribed by the said Ordinance, at his office, and during Government office hours between 11 o'clock in the forenoon and 4 o'clock in the afternoon of Thursday, the 25th day of August, 1932. If no claim be made for the compensation monies at the place, and within the time appointed, the officer appointed as above will cause the monies unclaimed to be paid into the Treasury, and the provisions of section 16 (5) and (6) of the said Ordinance as to claims within five years, or transfer, thereafter, to the general revenue of the Colony, as the case may be, will apply to the said monies.

15th August, 1932.

R. M. HENDERSON,

Director of Public Works.

628

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 26, 1932.

EXECUTIVE COUNCIL.

No. 550.

It is hereby notified that His Excellency the Governor in Council has given directions for the rescission of the Order of the 2nd August, 1932, published in the Gazette of the 5th August, 1932, as Government Notification No. 510 declaring Wuchow to be a place at which an infectious or contagious disease, namely, cholera, prevailed, and the same is hereby rescinded.

COUNCIL CHAMBER,

24th August, 1932.

D. W. TRATMAN,

Clerk of Councils

LEGISLATIVE COUNCIL.

　　　　No. 551.-His Majesty the KING has not been advised to exercise his power of disallowance with respect to the following Ordinances :---

Ordinance No. 8 of 1932.-An Ordinance to amend further the Medical Regis-

tration Ordinance, 1884.

Ordinance No. 11 of 1932.-An Ordinance to amend the Military Stores (Ex-

portation) Ordinance, 1862.

COUNCIL CHAMBER,

26th August, 1932.

H. R. BUTTERS, Deputy Clerk of Councils.

APPOINTMENTS, &c.

　　　　No. 552.-With reference to Government Notification No. 483 published in the Gazette of the 22nd July, 1932, His Excellency the Officer Administering the Govern- ment has received information from the Secretary of State for the Colonies that Mr. TETSUJIRO KOHRI has been appointed Acting Japanese Consul-General at Hong Kong.

26th August, 1932.

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 26, 1932. 629

NOTICES.

No. 553.

COLONIAL SECRETARY'S DEPARTMENT.

The following is published for general information :--

26th August, 1932.

E. R. HALLIFAX,

Colonial Secretary.

Hong Kong.

The Air Navigation Directions (Hong Kong), 1932.

In exercise of the powers conferred by Article 30 of the Air Navigation (Colonies, Protectorates and Mandated Territories) Order, 1927, as amended by the Air Navigation (Colonies, Protectorates and Mandated Territories) (Amend- ment) Orders, 1929 and 1931, the Governor issues the following Direction in substitution for Direction No. 32 of the Air Navigation Directions, (Hong Kong), 1932, (No. 1) published as Notification No. 31 in the Gazette of the 15th January, 1932:--

32. A ground engineer's licence will only be issued. by the Governor after a report by the Director of Air Services, in each case, as to the competence of the applicant, accompanied by a medical certificate of fitness, after medical examination in accordance with paragraph 83, and a recommendation by the Director of Air Services that the licence be issued to the applicant.

SUPREME COURT.

　　　No. 554.-It is hereby notified that the name of CHINESE GRAMOPIIONE RECORD- INGS, LIMITED, has been struck off the Register.

26th August, 1932.

E. P. H. LANG,

Registrar of Companies.

LAND REGISTRY OFFICE.

　　　No. 555.-It is hereby notified for general information that a Memorial of Re-entry by the Crown on Kowloon Inland Lot No. 2817 has been registered according to law.

22nd August, 1932.

PHILIP JACKS,

Land Officer.

630

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 26, 1932.

LAND REGISTRY OFFICE.

No. 556. It is hereby notified for general information that a Memorial of Re- entry by the Crown on Kowloon Inland Lot No. 1801 has been registered according to law.

24th August, 1932.

PHILIP JACKS,

Land Officer.

ROYAL OBSERVATORY.

No. 557

Sunrise and Sunset in Hong Kong for September, 1932.

(STANDARD TIME OF THE 120TH MERIDIAN, EAST OF GREENWICH.)

DATE.

SUNRISE.

SUNSET.

DATE.

SUNRISE.

SUNSET.

September 1.

6.06 a.m.

6.40 p.m. September 16..

2..

6.06

6.40

17.

6.10 a m. 6.10 ""

6.26 p.m.

6.25

3.....

6.07

6.39

18.

6.11

6.24

4..

6.07

6.38

19.

6.11

6.23

"",

5..

6.07

6.37

20..

6.11

6.22

"""

6..

6.07

6.36

6.11

6.21

6.08

6.35

22...

6.11

6.20

8.....

6.08

6.33

23..

6.12

6.19

9..

6.08

6.32

24.

6.12

6.18

10.....

6.08

6.31

25..

6.12

6.17

11...

6.08

6.31

26...

6.13

6.16

12...

6.09

13.

6.09

6.30 6.29

27..

6.14 ""

6.15

28.

6.14

14.

6.10

6.28

29.

6.14

6.13

15....

6.10

| 6.27

30..

6.15

6.12

25th August, 1932.

'C. W. JEFFRIES,

Director.

632

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 2, 1932.

EXECUTIVE COUNCIL.

No. 558.

Hong Kong.

Regulations made by the Governor in Council under the Public Places Regulation Ordinance, 1870, Ordinance No. 2 of 1870, for the maintenance of good order and for the preservation and better enjoyment of the various Recreation Grounds, this 28th day of August, 1932.

The following Schedules are substituted for all Schedules previously published:

SCHEDULES.

WONGNEICHONG RECREATION GROUND.

Area.

To whom allotted.

Purpose for which allotted,

Days.

A Craigengower Cricket Club

Cricket, Tennis and Lawn Bowls.

Every day.

A1 Police Recreation Club

Do.

A2 Civil Service Cricket Club

Do.

Hong Kong Football Club

Football.

Do.

Army (Hong Kong Area

Sports Board).

Football, Cricket and Tennis.

Royal Naval Recreation

Club.

Do.

Football.

After 1 p.m. every week- day except Tuesday & Friday, from 15th September, 1932, 15th April, 1933, in- clusive.

Chinese Athletic Associa-

tion.

Chinese Civil Servants'

Club.

H Police

་

After 1 p.m. on Monday, Thursday & alternate Saturdays, from 15th September, 1932 15th April, 1933, in- clusive.

After 1 p.m. on Wednes- day & alternate Satur- days, from 15th September, 1932, to 15th April, 1933, in- clusive.

After 1 p.m. on Monday, Thursday & alternate Saturdays, from 15th September, 1932, to 15th April, 1933, in- clusive.

*Held on 5-year allotment from 17th September, 1931.

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 2, 1932. 633

WONGNEICHONG RECREATION GROUND,-(Continued).

Area.

To whom allotted.

Purpose for which allotted.

St. Joseph's College

Football.

Royal Naval Recreation

Club.

Hockey.

1-9 Royal Hong Kong Golf

Club.

Golf.

Days.

After 1 p.m. on Wednes- day and alternate Saturdays, from 15th September, 1932, to 15th April, 1933, in- clusive.

After 1 p.m. every week- day except Tuesday & Friday, from 15th September, 1932, 15th April, 1933, in- clusive.

From 16th April to 14th September. in- clusive, every day and all day. From 15th September to 15th April, inclusive, every day and all day, except after 1 p.m. on Mon- days, Wednesdays, Thursdays, and Satur- days: practice ap- proach shots every afternoon from Race Course ditch to the 5th and 9th greens.

CAROLINE HILL RECREATION GROUND.

Area.

To whom allotted.

Purpose for which

allotted.

Days.

South China Athletic

Association.

Football, Tennis, etc.

Every day.

Do.

Royal Naval Recreation

Club.

Football.

Do.

C1 Director of Education

Games.

Do.

Radio Sports Club

Tennis,

Hockey,

Every day, except Wednes- day (Football ground).

Football.

Wah Yan College

Football.

Wednesday (Football

ground only).

634 THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 2, 1932.

QUEEN'S RECREATION GROUND.

Area.

To whom allotted.

Purpose for which allotted.

Polo Club

Hong Kong Chinese Recreation Club.

с Director of Education

Chinese Athletic Associa-

tion.

Days.

Polo.

Every day.

Do.

Cricket and Tennis.

Football.

Every day from 15th September, 1932, to 15th April, 1933, in- clusive.

Every day from 16th April, 1932, to 14th September, 1933, in- clusive.

SOOKUNPOO VALLEY RECREATION GROUND.

Area.

To whom allotted.

Purpose for which

allotted.

Days.

Army (Hong Kong Area

Sports Board).

Cricket,

Every day.

Football,

Hockey and

Tennis.

Indian Recreation Club...

Cricket and Tennis.

Do.

KING'S PARK RECREATION GROUND.

Purpose

Area.

To whom allotted.

for which allotted.

Days.

Kowloon Bowling Green Lawn Bowls.

Club.

Every day.

B Kowloon Cricket Club

Cricket,

Do.

Tennis and Lawn Bowls.

Diocesan Girls' School

*D1 Club de Recreio

Tennis, etc.

Do.

Cricket and

Do.

Tennis.

*D2

Do.

Lawn Bowls.

Do.

Club.

*El Royal Naval Recreation Cricket, Hockey

and Tennis.

Do.

*Held on 5-year allotment from 17th September, 1931.

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 2, 1932. 635

KING'S PARK RECREATION GROUND,-(Continued).

Area.

To whom allotted.

Purpose for which allotted.

Days.

E2 China Light & Power (East) Recreation Club.

Tennis.

Every day.

*E2 German Club

Do.

(West)

E3 Y.M.C.A.

(East)

E3 Kowloon Indian Tennis

Do.

(West)

Club.

*F1 Central British School.

Football.

Do.

*F2

Do.

Tennis.

Do.

Club de Recreio

Football.

Do.

Hong Kong Hockey Club.."

Hockey.

Monday, Wednesday and

Friday.

Y.M.C.A.

Tuesday, Thursday and

Saturday.

Chinese Athletic

Tennis.

Every day.

Association.

Nippon Club

Do.

South China Athletic

Do.

Association.

Do.

Filipino Club

Do.

N Netherlands Club

Do.

Director of Education

Games,

Do.

*Held on 5-year allotment from 17th September, 1931.

NOTE-A priority of right is reserved to the Naval and Military Authorities to use the whole of the Wongneichong Recreation Ground for Naval and Military Exercises on Mondays, Tuesdays, Thursdays, and Fridays in each week up to 1 o'clock p.m. when required.

Letters and numbers in column "Area" refer to the plans of the various Recreation Grounds deposited in the Office of the Director of Public Works.

COUNCIL CHAMBER,

28th August, 1932.

D. W. TRATMAN,

Clerk of Councils.

636

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 2, 1932.

No. 559.

Hong Kong.

Order made by the Governor in Council under section 12 of the Rope Company's Tramway Ordinance, 1901, Ordinance No. 21 of 1901, this 28th day of August, 1932.

In the exercise of the powers vested in him by the provisions of the Rope Company's Tramway Ordinance, 1901, and otherwise His Excellency the Governor in Council is pleased to order and it is hereby ordered and declared that the duration of the rights, powers and privileges granted, made and maintained under the provisions of the Rope Com- pany's Tramway Ordinance, 1901, shall be extended for a period of one year from the 15th December, 1932.

COUNCIL CHAMBER,

28th August, 1932.

D. W. TRATMAN,

Clerk of Councils.

LEGISLATIVE COUNCIL.

　　　No. 560.-His Majesty the KING has not been advised to exercise his power of disallowance with respect to the following Ordinance :-

Ordinance No. 10 of 1932.-An Ordinance to amend the Employers and Ser-

vants Ordinance, 1902.

COUNCIL CHAMBER,

29th August, 1939.

NOTICES.

H. R. BUTTERS, Deputy Clerk of Councils

COURTS OF JUTICES,

Hong Kong.

No. 561.-It is hereby notified that the FAR EAST BREWERY, DISTILLERS AND DAIRY FARM, LIMITED will be struck off the Companies Register, if it fails to obtain a certificate to commence business within two months after the publication of this notice.

2nd September, 1932.

E. P. H. LANG,

Registrar of Companies.

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 2, 1932. 637

LAND REGISTRY OFFICE.

No. 562.-It is hereby notified for general information that a Memorial of Re-entry by the Crown on New Kowloon Inland Lot No. 1801 has been registered according to law.

1st September, 1932.

PHILIP JACKS,

Land Officer

LAND REGISTRY OFFICE.

No. 563. It is hereby notified for general information that Notification No. 556 published in the Gazette of 26th day of August, 1932 is cancelled.

1st September, 1932.

PHILIP JACKS,

Land Officer.

DISTRICT OFFICE, TAI PO.

　　　No. 564.--It is hereby notified for general information that Cancellation of Memorial of Re-entry has been approved by order of the Officer Administering the Government in Council as to the following lots in the Northern District of the New Territories :-

D.D. 6 Lot No. 1101 and D.D. 122 Lot No. 548.

31st August, 1932.

E. H. WILLIAMS,

District Officer, North.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 565.-It is hereby notified that the registration of the following trade mark has expired and that it will be removed from the Register of Trade Marks on the 3rd October, 1932, unless the prescribed fee for renewal of registration is paid before that date :-

Number of Trade Mark.

Name and Address of Proprietor.

Date of Expiration of Registration.

File

No.

No. 144 of 1918.

1st September, 1932.

Peter Dawson, Limited, Dufftown, Banffshire, and 82, Great Clyde Street, Glasgow, Scotland.

20th August, 1932.

156

of 1932.

E. L. AGASSIZ,

Registrar of Trade Marks.

638

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 2, 1932

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　No. 566.-It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909:-

Numbers of Marks.

Date of Registration.

Names and Addresses of Owners.

Period of Renewal.

Classes in which renewed.

File

Nos.

Nos. 143 and 145 of 1918.

20th August, 1918.

Peter Dawson, Limited, Dufftown, Banffshire, and 82, Great Clyde Street, Glasgow, Scotland.

20th August,

1946.

156 of 1932.

Nos. 7 and 8 of 1919.

Do.

Ilford, Limited, Britannia Works, Roden Street, Ilford, London.

Do.

I and 39 respectively. of 1932.

118

1st September, 1932.

E. L. AGASSIZ, Registrar of Trade Marks.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　　No. 567.-It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909 :---

Number

Marks.

Date of Registration.

Names and Addresses of Owners.

Period of Renewal.

Classes in

File

which renewed.

Nos.

Nos. 74,75 and 76 of 1904.

26th August, 1904.

Nos 29A and 29B of 1890.

29th August,

1890.

Nos. 150,151 and 152 of 1918.

26th August, 1918.

No. 160 of 1920.

Do.

Lever Brothers (China) Limited (China Company) 18,

The Bund, Shanghai.

Asiatic Petroleum Company (South China) Limited at St. Helen's Court, Great St. Helen's, London, England.

Fletcher Hardware Company Limited of Hardware Buildings, 51,52 and 53, Edgbaston St., Birmingham, England.

Do.

1st September, 1932.

26th August, 1946.

47,48 and 50 respectively.

157 of 1932.

29th August,

1946..

160 of 1932.

26th August, 1946.

12,13 and 27 respectively.

158 of 1932.

Do.

159 of 1932.

E. L. AGASSIZ,

Registrar of Trade Marks.

骘

;

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 2, 1932. 639

THE CROWN LANDS RESUMPTION ORDINANCE, 1900.

　　No. 568.-It is hereby notified, pursuant to section 16 (2) of the Crown Lands Resumption Ordinance, 1900, that awards have been made in respect of the resumption of the undermentioned lots in Survey District IV of the New Territories as follows:---

Lots Nos. 592 and 630

Lots Nos. 601, 604, 605, 606, 607 and 608......

$ 454.20

2,401.45

Lots Nos. 610, 611 Sections A and B

1,323.95

Lot No. 611 Section C

207.80

Lots Nos. 612 and 613

164.20

Lots Nos. 619, 621 and 622

393.80

Lot No. 623

1,717.75

Lots Nos. 625, 627, 628, 629 R.P., 629 Section

A, 631 Sections A and B

1,280.40

Lot No. 629 Section B

186.00

Lot No. 626

82.10

Lot No. 632

843.63

Lots Nos. 635, 646 and 650

1,695.95

Lots Nos. 639 and 665 ....

372.05

Lots Nos. 640, 649 and 651 ........

415.60

1,034.00

268.15

Lots Nos. 643 R.P. and 647. Lots Nos. 644, 648 and 667... Lot No. 666

372.05

and that the District Officer, South, a Government Officer, is hereby appointed to pay the compensation so awarded together with interest thereon as prescribed by the said Ordinance, at his office, and during Government office hours between 11 o'clock in the forenoon and 4 o'clock in the afternoon of Thursday, the 15th day of September, 1932. If no claim be made for the compensation monies at the place, and within the time appointed, the officer appointed as above will cause the monies unclaimed to be paid into the Treasury, and the provisions of section 16 (5) and (6) of the said Ordinance as to claims within five years, or transfer, thereafter, to the general revenue of the Colony, as the case may be, will apply to the said monies.

2nd September, 1932.

R. M. HENDerson,

Director of Public Works.

642

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 9, 1932.

EXECUTIVE COUNCIL.

No. 569.

Hong Kong.

ORDINANCE No. 36 of 1931. (LIQUORS).

In exercise of the powers conferred by sections 33 and 88 of the Liquors Ordinance, 1931, the Governor in Council prescribes in lieu of Form No. 9 in the First Schedule of the aforesaid Ordinance the following form of licence and conditions for Chinese Restaurant Licences in the Northern and Southern Districts of the New Territories, other than New Kowloon :-

FORM NO. 9A.

CHINESE RESTAURANT LICENCE.

Hong Kong (New Territories, North & South)

The Liquors Ordinance No. 36 of 1931.

No.

Name of Licensee

Business: Chinese Restaurant

Sign of House

Address

Feriod of Licence, from

Fee $

per annum payable in advance.

I license the above-named person during the period set forth above to sell by retail to persons of Chinese race only, intoxicating liquors, in quantities not exceeding two gallons at a time, on the above mentioned premises, to be consumed on such premises in connection with a bona fide meal for which a charge of at least 30 cents can be reasonably made or in conjunction with meals sent out from such premises but not otherwise.

Conditions.

(1) No bar may be kept on the premises under this licence.

(2) No disorder shall be permitted on the premises.

(3) No person shall be allowed to become drunk on the premises nor shali liquor be supplied to any person who is

drunk.

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 9, 1932.

(4) A decent and suitable privy and urinal shall be maintained in a state of cleanliness and good repair for the use of customers.

(5) The licensee shall not abandon the occupation of his house or permit another person to become virtually the keeper thereof.

(6) The licensee shall exhibit conspicuously and per- manently in front of his licensed place of business his name and the number and nature of such licence, on a sign, the size and design of which shall be approved by the Inspector General of Police.

(7) The Restaurant shall be closed between the hours of 12 midnight and 6 a.m.

(8) This Licence may be withdrawn by the Governor-in- Council at any time.

(9) Except with the special exemption in writing of the District Officer no ceiling (not being the underside of a floor), hollow wali or stairlining shall remain or be fixed in any building in which or in part or parts of which the premises of the licensee are situate and, except as aforesaid, if any such ceiling, hollow wall or stairlining shall be found in any such building the District Officer may declare the forfeiture of this licence.

(10) The whole of the ground floor of the premises is to be covered with a layer of not less than 3 inches of cement concrete rendered smooth and laid to the satisfaction of the District Officer.

643

Dated the

day of

Received the fee of $.

COUNCIL CHAMBER,

25th August, 1932.

No. 570.

19.......

District Officer North (or) Inspector General of Police.

D. W. TRATMAN,

Clerk of Councils.

Hong Kong.

The Merchant Shipping Ordinance, 1899, Ordinance No. 10

of 1899, Table L, Quarantine Regulations.

It is hereby declared by order of His Excellency the Governor in Council that Foochow is a place at which an infectious or contagious disease, namely, cholera, prevails.

D. W. TRATMAN,

COUNCIL CHAMBER,

2nd September, 1932.

Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 9, 1932.

(4) A decent and suitable privy and urinal shall be maintained in a state of cleanliness and good repair for the use of customers.

(5) The licensee shall not abandon the occupation of his house or permit another person to become virtually the keeper thereof.

(7) The Restaurant shall be closed between the hours of 12 midnight and 6 a.m.

(8) This Licence may be withdrawn by the Governor-in- Council at any time.

(10) The whole of the ground floor of the premises is to be covered with a layer of not less than 3 inches of cement concrete rendered smooth and laid to the satisfaction of the District Officer.

643

Dated the

day of

Received the fee of $.

COUNCIL CHAMBER,

25th August, 1932.

No. 570.

19.......

District Officer North (or) Inspector General of Police.

D. W. TRATMAN,

Clerk of Councils.

Hong Kong.

The Merchant Shipping Ordinance, 1899, Ordinance No. 10

of 1899, Table L, Quarantine Regulations.

It is hereby declared by order of His Excellency the Governor in Council that Foochow is a place at which an infectious or contagious disease, namely, cholera, prevails.

D. W. TRATMAN,

COUNCIL CHAMBER,

2nd September, 1932.

Clerk of Councils.

644

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 9, 1932.

No. 571.

Hong Kong.

The Merchant Shipping Ordinance, 1899, Ordinance No. 10

of 1899, Table L, Quarantine Regulations.

It is hereby declared by order of His Excellency the Governor in Council that Kiungchow (Hoihow) is a place at which an infectious or contagious disease, namely, cholera, prevails.

COUNCIL CHAMBER,

3rd September, 1932.

No. 572.

D. W. TRATMAN,

Clerk of Councils.

Hong Kong.

ORDINANCE No. 7 of 1926. (POST OFFICE).

India

(Calcutta)

Persia

(Bushire)

Charge

Destination.

Kate per ounce.

$0.55

0.85

The air mail for each country will be landed at the place named in brackets.

COUNCIL CHAMBER,

2nd September, 1932.

D. W. TRATMAN,

Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 9, 1932. 645

APPOINTMENTS, &c.

No. 573.-His Excellency the Officer Administering the Government has been pleased to appoint Mr. VICTOR CECIL. BRANSON to act as Government Analyst until further notice, with effect from 1st September, 1932.

8th September, 1932.

NOTICES.

EDUCATION DEPARTMENT.

　　　No. 574.-It is hereby notified that on and after January 1st, 1933, the fees at the Vernacular Middle School (AXE) will be at the following rates :-

Middle School Division () $96 per annum (X).

Primary Division

Normal Division

(高小班) $72 per annun (每年七拾式圓). (師範班)$24 per aumum (每年式拾四圓).

6th September, 1952.

G. P. DE MARTIN,

Director of Education.

ASSESSOR'S OFFICE,

No. 575.--The following alterations in house numbers are hereby notified.

NEW NUMBERs.

OLD NUMBERS.

LOT

新門牌

舊門牌

NUMBERS.

REMARKS.

NATHAN

ROAD.

彌敦道

五七號

六九號

K.I.L. 402.

Station Hotel.

五九號

......

七一號

402.

七三號

402 &

401 S.C. Garden.

9th September, 1932.

& R.P.

EDWIN TAYLOR,

Treasurer and Assessor of Rates.

646

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 9, 1932.

ROYAL OBSERVATORY.

DATE.

No. 576.--Extract of Meteorological Observations made at the Royal Observatory, Hong Kong, during the month of August, 1932.

BAROMETER

AT M.S.L.

TEMPERATURE.

HUMIDITY.

Max.

Mean.

Min.

Rel.

Abs.

CLOUDINESS.

SUNSHINE.

WIND.

RAIN.

Mean

Dir.

Vel.

Miles

August

ins.

ius.

p. c.

hrs.

ins.

Points.

p.h.

29.51

86.

82.5

79.0

0.93

4.0

0.005

5.8

87-3

83.8

81.8

.92

6.1

0.010

6.6

3,.

.63

84-3

82.7

81.6

.92

0.045

SW by S

6.1

82.9

80.5

75.1

.91

6.110

SE by S

2.7

84.0

5,.

79.9

77.2

.91

0.9

0.230

E by S

8.0

6,.

85.7

80.9

76.7

.89

10.0

0.195

SSE

4.3

7..

89.7

83.0

78.6

.90

8.1

0.010

WSW

5.8

8,.

это

86.0

82.4

80.6

3.1

0.015

WSW

7.7

.70

86.4

82.6

81.0

.91

6.6

0.015

WSW

6.4

9,.

.72

87.4

83.5

81.0

10,.

87.9

83.8

82.1

88.1

34.2

82.0

12.

то

90. I

84.3

81.4

13,.

.71

89.8

14,

84.9

$1.9

90.9

84.8

80.8

15,.

16,.

•75

89.6

838

79.6

-77

88.0

17,.

83.5

81.0

18,.

88.2 83.3

77.8

KRROR : £ N N

.89

6.6

0.005

SW by S

6.2

وة.

9.5

0.040

SSW

5.3

.92

10.9

0.100

7.4

.93

10.3

0.015

SW by W

8.0

.94

.96

.93

4678

11.6

SW by W

7.2

8.4

0.050 SW by W

7.8

10.3

WSW

7.0

9.3

0.140

SW by W

6.4

.93

4.6

0.450

SW by W

5.5

19,.

.82 87.9

80.8 83.5

.91

9.3

0.070

12.4

.85

20,.

90.1

84.3

80.9

.82

21,.

89.5

84.1 81.0

22,

.79

32.8

80.8

78.9

23.

88.4

82.5

78.2

88.6

24,.

83.5

79.8

.68

25..

88.9

83.7

81.8

26..

86.1

79.8

76.5

.82

27,.

82.7

78.6

76.0

28,

.82

78.1 76.2

74.0

.85

29,

7.6.1 79.4

4.3

39,

.92

81.7

77.0

74.2

31,

.93

83.4

78.4

74.6

4 4 8 8 * * * * * *&%

-8

.92

10.5

SW by W

10.1

.94

7.4

WSW

5-7

8.8

.91

.89

8.4

0.010

E by S WSW

10.1

.91

10.8

-8

.90

-6

4.3

...

W by S W by S

7.3 9.6

10.5

.89 98

9.3

3.830

SW by S

16.2

.85

100

3.405

SSW

11.5

.81

100

+465

S by W

9.1

.81

100

1.210

SE by E

8.7

.81

4.7

0.355

11.6

9.3

0.105

E by S

11.0

Mean,

29.75

86.5

82.0

79.0

0.90

195.5

20.885

SW by S

8.0

MEANS AND EXTRÈMES FOR AUGUST:-

Maximum,...

29.82

88.8 83-5

79.7

0.94

Normals,

......

29.73

86.6

817

77.9

0.90

Minimum,

29.61

83.6

79.5

75.9

0.85

281.2

201.9 136.7

34.310 14.337

3.970

13.4

9.4

5.1

The rainfall for the month of August at the Botanical Gardens was 23ins. 27 on 15 days, at the Matilda Hospital, Mount Kellett, it was 21ins. 71 on 19 days, at Fanling, 16ins. 55 on 12 days, and at the Police Station, Taipo, 14ins. 97 on 18 days.

　The lowest reading of the barometer (M.S.L.) was 29ins. 475 at 17h. on the 1st. The maximum gust velocity as recorded by the Dines-Baxendell anemograph, was at the rate of 51 miles per hour at 6h. 10m. on the 28th.

8th September, 1932.

C. W. JEFFRIES,

Director.

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 9, 1932.

SUPREME Court.

647

　　　No. 577.-It is hereby notified that the name of CHINA ARTS, LIMITED, has been struck off the Register.

9th September, 1932.

E. P. H. LANG,

Registrar of Companies

LAND REGISTRY OFFICE.

　　　No. 578.-It is hereby notified for general information that the Cancellation of the Memorial of Re-entry on Kowloon Inland Lot No. 2790 has been registered according to law.

3rd September, 1932.

PHILIP JACKS,

Land Officer.

LAND REGISTRY OFFICE.

　　　No. 579.-It is hereby notified for general information that a Memorial of Re-entry by the Crown on New Kowloon Inland Lot No. 1776 has been registered according to law.

3rd September, 1932.

PHILIP JACKS,

Land Officer.

LAND REGISTRY OFFICE.

　　　No. 580. It is hereby notified for general information that a Memorial of Re-entry by the Crown on New Kowloon Inland Lot No. 1788 has been registered according to law.

6th September, 1932.

PHILIP JACKS,

Land Officer.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　No. 581.--It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909:-

Number

of Marks.

Date of Registration.

Name and Address of Owner.

Period of Renewal.

Classes in which renewed.

File No.

Nos. 342, 343, 6th September,

and 344

of 1919.

1918.

Tootal Broadhurst Lee, Company, Limited, of 56, Oxford Street, Manchester, Eugland.

8th September, 1932.

6th September, 24 and 25

1946.

of 1932.

E. L. AGASSIZ, Registrar of Trade Marks.

648 THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 9, 1932.

THE CROWN LANDS RESUMPTION ORDINANCE, 1900.

　　　No. 582.-It is hereby notified, pursuant to section 16 (2) of the Crown Lands Resumption Ordinance, 1900, that awards have been made in respect of the resumption of the undermentioned lots in Survey District I of the New Territories as follows:-

Lots Nos. 171, 6189 R.P., 6209, 6215, 6187 and

6190...

744.05

Lot No. 6203

125.70

Lots Nos. 170 and 6194..............

415.60

Lots Nos. 6146, 6147, 6192, 6201, 6204, 6207

and 6211.

848.00

Lots Nos. 182, 197, 199, 6219, 6193 and 6198 ...

847.95

Lots Nos. 6151 and 6151/1

350.25

Lot No. 6152 ...

246.35

Lot No. 6205

125.70

Lot No. 6212 ...

Lot No. 202

82.10

60.35

Lots Nos. 183, 184 and 198

432.40

103.90

Lot No. 185

and that the District Officer, South, a Government Officer, is hereby appointed to pay the compensation so awarded together with interest thereon as prescribed by the said Ordinance, at his office, and during Government office hours between 11 o'clock in the forenoon and 4 o'clock in the afternoon of Thursday, the 22nd day of September, 1932. If no claim be made for the compensation monies at the place, and within the time appointed, the officer appointed as above will cause the monies unclaimed to be paid into the Treasury, and the provisions of section 16 (5) and (6) of the said Ordinance as to claims within five years, or transfer, thereafter, to the general revenue of the Colony, as the case may be, will apply to the said monies.

9th September, 1932.

R. M. HENDERSON,

Director of Public Works.

650

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 16, 1932.

EXECUTIVE COUNCIL.

No. 583.

His Excellency the Governor in Council has been pleased to direct under section 7 of the Public Health and Buildings Ordinance, 1903, Ordinance No. 1 of 1903, that the name of Mr. CHIU KWAN CHEE be added to the List of Authorized Architects published in Government Notification No. 740 of the 27th November, 1931.

COUNCIL CHAMBER,

10th September, 1932.

D. W. TRATMAN,

Cierk of Councils.

LEGISLATIVE COUNCIL.

No. 584.-His Majesty the KING has not been advised to exercise his power of disallowance with respect to the following Ordinances :-

Ordinance No. 16 of 1932.-An Ordinance to provide for the incorporation of the Directors of the Chinese Young Men's Christian Association of Hong Kong.

Ordinance No. 17 of 1932.--An Ordinance to provide for the incorporation of

St. Stephen's College.

Ordinance No. 19 of 1932.-An Ordinance to amend the law relating to

Vagrancy.

R. A. C. NOrth, Deputy Clerk of Councils.

COUNCIL CHAMBER,

15th September, 1932.

APPOINTMENTS, &c.

No. 585.-His Majesty the KING has been graciously pleased to issue a Mandate authorizing the Consecration of the Reverend RONALD OWEN HALL. B.A., to be a Bishop, to the intent that he should exercise his functions in one of His Majesty's Possessions abroad.

14th September, 1932.

　　　　　No. 586.- His Excellency the Officer Administering the Government has been pleased to appoint Doctor JOHN EDWARD DOVEY to be an Official Justice of the Peace for the Colony of Hong Kong.

14th September, 1932.

No. 587.-His Excellency the Officer Administering the Government has been pleased to appoint Mr. ROLAND ARTHUR CHARLES NORTH to be Deputy Clerk of Councils, with effect from the 15th September, 1932.

16th September, 1932.

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 16, 1932. 651

　　No. 588.-His Excellency the Officer Administering the Government has been pleased to appoint Mr. KENNETH ANDREW BIDMEAD to be an Assistant Superintendent of Police, with effect from 5th August, 1932.

16th September, 1932.

No. 589.-His Excellency the Officer Administering the Government has been pleased to make the following promotions in the Hong Kong Volunteer Defence Corps, with effect from 3rd September, 1932:-

Second Lieutenant DAVID LOUIS STRELLETT, Machine Gun Company, to be

Lieutenant.

Second Lieutenant JOHN HENRY LAWRENCE, Portuguese Company, to be

Lieutenant.

Second Lieutenant JOSE VICTOR VIEIRA DOS REMEDIOS, Portuguese Company,

to be Lieutenant.

Second Lieutenant HENRY JOSEPH SILVA, Portuguese Company, to be

Lieutenant.

Second Lieutenant VICTOR CECIL BRANSON, M.C., Machine Gun Company, to be

Lieutenant.

16th September, 1932.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. 590.-The following correction is made to Government Notification No. 138 dated 7th March, 1930, which was published in the Hong Kong Government Gazette No. 11 of 7th March, 1930:-

For the name "Yau Sau Street

　　　　　() in columns 3 and 4 of Item 7 insert "Yuk Sau Street" and () respectively.

16th September, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

　　　No. 591.-It is hereby notified that the undermentioned street will, in future, be known by the name indicated against it :-

DESCRIPTION.

PROPOSED NAME.

CHINESE VERSION.

Street commencing at Portland Street, between K.I.Ls. 2410 and 2457 and running East-north-east to its junction. with Fa Yuen Street, North of K.I.L. 2418, between Prince Edward Road and Boundary Street

16th September, 1932.

Playing Field Road.

運動場道

E. R. HALLIFAX,

Colonial Secretary.

652

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 16, 1932.

COLONIAL SECRETARY'S DEPARTMENT.

　　　　No. 592. It is hereby notified that the undermentioned street will, in future, be known by the name indicated against it :-

DESCRIPTION.

Street commencing at the North side of Prince Edward Road, near its junction with Ma Tau Chung Road and running North to the South Wall of Kowloon City. The new road is also that next West from Ta Ku Ling Road

16th September, 1932.

PROPOSED NAME.

CHINESE VERSION.

South Wall Road.

道南城

E. R. HALLIFAX,

Colonial Secretary.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 593.-It is hereby notified that the registration of the following trade marks has expired and that they will be removed from the Register of Trade Marks on the 17th October, 1932, unless the prescribed fees for renewal of registration are paid before that date:-

Number of Trade Marks.

Names and Addresses of Proprietors.

Date of Expiration of Registration.

File

Nos.

No. 155 of 1918.

Nos. 159, 160, 161, 162 and 163 of 1918.

Liu Yuk Kwong trading as Liu Ming Yeung alias Liu Yik On Tong of No. 171, Des Voeux Road Central, Hong Kong.

Ching Kee of No. 169, Queen's Road West (first floor), Victoria, Hong Kong.

15th September, 1932.

11th September, 1932.

200 of 1932..

13th September, 1932.

202 of 1932.

E. L. AGASSIZ, Registrar of Trade Marks.

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 16, 1932. 653

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 594.-It is hereby notified that the registration of the following trade marks has expired and that they will be removed from the Register of Trade Marks on the 17th October, 1932, unless the prescribed fees for renewal of registration are paid before that date:---

Number of Trade Marks.

Names and Addresses of Proprietors.

Date of Expiration of Registration.

File

Nos.

No. 326 of 1919.

No. 1 of 1919.

Kano and Company of No. 1, Chome Yokoboli, Higashi Ku, Osaka, Japan.

Hung Man Yuk trading as Seng Woo and Company of No. 92, Des Voeux Road West, Hong Kong.

15th September, 1932.

10th September, 1932.

199 of 1932.

11th September, 1932.

201 of 1932.

E. L. AGASSIZ,

Registrar of Trade Marks.

SUPREME Court.

No. 595.-The offices of the Supreme Court will be open daily from 10 a.m. to 1 p.m. during the Long Vacation, except on public and general holidays, when the offices will be entirely closed, and on Saturdays, when they will be open from 10 a.m. to noon, subject, however, to the provisions of section 5 of the Supreme Court (Vaca- tions) Ordinance, 1898, so far as it relates to the Criminal Sessions. The Long Vacation commences on the 20th instant, and terminates on the 17th October, 1932, (both days inclusive).

13th September, 1932.

E. P. H. LANG, Registrar.

654 THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 16, 1932.

ASSESSOR'S OFFICE.

No. 596.--The following alterations in house numbers are hereby notified.

NEW NUMBERS.

OLD NUMBERS.

LOT

新門牌

舊門牌

NUMBERS.

SAI YEE STREET.

洗衣街

131

一三一號

一四號

K.I.L. 1580.

133

一三三號

一三號

135

一三五號

一二號

137

一三七號

一一號

139

一三九號

十號

MONG KOK ROAD.

REMARKS.

Formerly known as" Chi

Ma Terrace".

旺角道

四三號

號 K.I.L. 1580.

四五號

二號

多多

四七號

三號

133

四九號

四號

五一號

五號

五三號

六號

多

五五號

七號

五七號

八號

五九號

九號

FA YUEN STREET.

花園街

Formerly known as "Chi

Ma Terrace ".

128 一二八號

一五號

K.I.L. 1580.

130

一三零號

一六號

132 一三二號

一七號

Formerly known as "Chi

Ma Terrace".

134

一三四號

一八號

136 一三六號

一九號

。

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 16,1932.

655

NEW NUMBERS.

OLD NUMBERS.

LOT

REMARKS.

新門牌

舊門牌

NUMBERS.

TONG MI ROAD.

塘美道

八五號

號

K.I.L. 1724.

八七號

二號

八九號

三號

九一號

四號

九三號

五號

九五號

6 六號

MAPLE STREET.

楓樹街

號

K.I.L. 2196.

三號

二號

五號

三號

七號

五號

N.K.I.L. 1265.

九號

6 六號

1371.

•號

7. 七號

1370.

一三號

八號

1338.

一五號

九號

1515.

一七號

一十號

1291.

一九號

•號

1516.

二一號

---二號

1517.

二三號

1428. under construction.

二五號

1526: new house.

二七號

二六號

二九號

二七號

三一號

二八號

三三號

1525. 99

16th September, 1932.

EDWIN.TAYLOR,

Treasurer and Assessor of Rates.

656

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 16, 1932.

The Crown Lands Resumption Ordinances, 1900 and 1930.

　　　　No. 597.-It is hereby notified, under section 6 of the Crown Lands Resumption Ordinance, 1930, that the Board of Arbitrators appointed to determine the amount of compensation to be paid in respect of the resumption of Lots Nos. 436 Section A, 437 Sections A, B, C and R.P., 495 R.P., 505, 506, 507, 508, 509, 510, 511, 514, 515, 516, 517, 518, 519,723), 7240 and 7241 all in Survey District I, is constituted as follows:

Mr. PHILIP JACKS, Justice of the Peace, Chairman.

Mr. ARTHUR GEORGE WARNHAM TICKLE, J.P., nominated by His Excellency the

Officer Administering the Government.

Mr. ERNEST MANNING HAZELAND, Architect and Civil Engineer, nominated by the

Chairman on behalf of the owners.

　　　　It is hereby further notified that the Chairman hereby appoints Thursday, the 29th day of September, 1932, at 2.15 o'clock in the afternoon, at the Board Room of the Sanitary Department, Post Office Building, Hong Kong, as the time and place for the Board to commence its sittings.

recover.

16th September, 1932.

PHILIP JACKS,

Chairman of the Board of Arbitrators.

俾號

憲示第五百九十七號

仟第

千九

第例

四卽

收收

字則

局俾得秉公决斷茲將所委公斷人開列於左一號地段佈告於衆至應補回補償費若干則現經委定公斷人組織公斷號五百一十九號七千二百三十九號七千二百四十號及七千二百四十五百一十四號五百一十五號五百一十六號五百一十七號五百一十八零六號五百零七號五百零八號五百零九號五百一十號五百一十一號號之餘及A字 B字C字分四百九十五號之餘民五百零五號五百政府所擬收回第一號丈量約份第四百三十六號A字分四百三十七啟者茲按照一仟九百三十年則例卽收回政府公地則例第六條規定將一仟九百年及一千九百卅年收回政府公地則例

太平紳士

工畫

程

於師及

翟仕先生

狄翟

路仕公

生生

主席

由護督指派

由主席代業主指派

希仕倫先生

於審

該

事九

如號

有即

因星

該期

地四

日收日

囘下

欲

求

布其補

午雨

點

政司轉交公斷人審查此佈

十五分鐘在清淨總局内堂開始叙會審對於收回之地所有權利之詳情及欲取回補置費若干繕列清楚遞呈布置者無論其爲業主或別項人等須先於公斷人開始叙會二日之前將其

號百

公斷局主席翟仕啟

一千九百三十二年九月十六日

發於香港臬署

658 THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 23, 1932.

EXECUTIVE COUNCIL.

No. 598.

His Excellency the Governor in Council has been pleased to direct under section 7 of the Public Health and Buildings Ordinance, 1903, Ordinance No. 1 of 1903, that the name of Mr. Vivian Arthur Garton be added to the List of Authorised Architects published in Government Notification No. 740 of the 27th November, 1931.

COUNCIL CHAMBER,

14th September, 1932.

No. 599.

D. W. TRATMAN,

Clerk of Councils.

Hong Kong.

ORDINANCE No. 40 of 1912. (VEHICLES AND TRAFFIC REGULATION).

In exercise of the powers conferred by section 3 of the Vehicles and Traffic Regulation Ordinance, 1912, the Governor in Council makes the following amendments of the regulations made under the aforesaid Ordinance and published as Notification No. 50 in the Gazette of the 29th January, 1932.

Amendments.

1. In Schedule A to the said regulations (entitled "Places

at which private motor

motor vehicles may be left unattended'), under the heading "Eastern District" delete:

"1. LEE GARDEN STREET.'

2. In Schedule B to the said regulations (entitled "Vehicle Stands"), Part II, under the heading "Stands for public motor cars other than taxicabs" and sub-heading "Island of Hong Kong" delete :-

"3. Lee Garden Street

COUNCIL CHAMBER,

10" "

D. W. TRATMAN,

Clerk of Councils.

20th September, 1932.

Notice.

The effect of the above amendments is that Lee Garden Street (otherwise known as Ewo Hill Street) ceases to be available as a stand or parking place for either public or private motor cars.

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 23, 1932.

659

No. 600

Hong Kong.

ORDINANCE No. 1 of 1903. (PUBLIC HEALTH AND BUILDINGS).

It is hereby notified that under section 90 of the Public Health and Buildings Ordinance, 1903, His Excellency the Governor in Council has ordered that the cemetery forming an extension of about 2.29 acres to the Chinese Cemetery known as Cheung Chau Inland Lot No. 1 and the use whereof as a cemetery was authorized by Notification No. 102 published in the Gazette of the 18th March, 1921, shall be closed as from and after the 15th day of September, 1932.

COUNCIL CHAMBER,

No. 601.

21st September, 1932.

D. W. TRATMAN,

Clerk of Councils.

Hong Kong.

ORDINANCE No. 1 of 1903. (PUBLIC HEALTH AND BUILDINGS).

It is hereby notified that under section 90 of the Public Health and Buildings Ordinance, 1903, His Excellency the Governor in Council has authorised as a place to be used as a cemetery from and after the 16th day of September, 1932, the piece of land on the western side of the Island of Cheung Chau containing 2.36 acres or thereabouts adjoining and situate on the north side of the existing Chinese Cemetery known as Cheung Chau Inland Lot No. 1; which said piece of land is more particularly delineated on the plan thereof deposited in and which may be seen at the office of the District Officer, South.

ད་

COUNCIL CHAMBER,

21st September, 1932.

D. W. TRATMAN,

Clerk of Councils.

660 THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 23, 1932.

LEGISLATIVE COUNCIL.

No. 602.

LEGISLATIVE COUNCIL, No. 12.

Thursday, 18th August, 1932, at 2.30 p.m.

PRESENT:

HIS EXCELLENCY THE OFFICER ADMINISTERING THE GOVERNMENT (Hon. Mr. WILFRID THOMAS SOUTHORN, C.M.G.).

His Excellency the General Officer Commanding the Troops, (Major-General JAMES

WALTER SANDILANDS, C.B., C.M.G., D.S.O.)..

The Honourable the Colonial Secretary, (Mr. EDWIN RICHARD HALLIFAX, C.M.G., C.B.E.). the Attorney General, (Mr. CHALONER GRENVILLE ALABASTER, K.C.,

O.B.E.).

the Secretary for Chinese Affairs, (Mr. ALAN EUSTACE WOOD). the Colonial Treasurer, (Mr. EDWIN TAYLOR).

Commander GEORGE FRANCIS HOLE, R.N. (Retired), (Harbour Master). Dr. ARTHUR ROBARTES WELLINGTON, (Director of Medical and Sanitary

Services).

Mr. THOMAS HENRY KING, (Acting Inspector General of Police).

Mr. RICHARD MCNEIL HENDERSON, (Acting Director of Public Works). Sir HENRY EDWARD POLLOCK, Kt., K.C.

Mr. WILLIAM EDWARD LEONARD SHENTON.

Mr. ROBERT HORMUS KOTEWALL, C.M.G., LL.D.

Mr. José PEDRO BRAGA.

Mr. Ts'o SEEN-WAN, O.B.E., LL.D.

Mr. CHAU TSUN-NIN.

Mr. WILLIAM HENRY BELL.

Mr. HENRY ROBERT BUTTERS, (Deputy Clerk of Councils).

ABSENT:

The Honourable Mr. JoHN JOHNSTONE PATERSON.

1. The Council met pursuant to adjournment. His Excellency the Officer Adminis-

tering the Government occupied the Chair.

MINUTES.

2. The Minutes of the Meeting held on the 4th August, 1932, were confirmed.

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 23, 1932. 661

PAPERS.

3. The following papers were laid on the table:-

Brewery Regulations and Licence made by the Governor in Council under sections 34 and 88 of the Liquors Ordinance, 1931, Ordinance No. 36 of 1931, dated 29th July, 1932.

Declaration under the Merchant Shipping Ordinance, 1899, Ordinance No. 10

of 1899, Table L, Quarantine Regulations, dated 2nd August, 1932. Additional by-laws under section 16 of the Public Health and Buildings Ordin-

ance, 1903, prohibiting the sale of non-aerated drinks and jellies. Additional regulation made by the Governor in Council under section 5 of the Dangerous Goods Ordinance, 1873, Ordinance No. 1 of 1873, dated 10th August, 1932.

Seven Orders under section 92 (8) of the Public Health and Buildings Ordin-

ance, 1903, Ordinance No. 1 of 1903, dated 5th August, 1932.

REPORT OF THE FINANCE COMMITTEE.

4. The Colonial Secretary laid on the table the Report of the Finance Committee

(No. 8), dated the 4th August, 1932, and moved its adoption.

The Colonial Treasurer seconded.

Question-put and agreed to.

5. The Colonial Treasurer moved :-

MOTIONS.

In pursuance of the powers conferred by section 39 of the Liquor Ordinance, 1931, Ordinance No. 36 of 1931, as amended by the Liquors Amendment Ordinance, Ordinance No. 20 of 1932, the Legislative Council resolves that, notwithstanding anything contained in the Liquor Duties Resolu- tion published by the Notification No. 354 in the Gazette of the 2nd June, 1932, the Liquor Duty to be paid on beer brewed or made in the Colony shall be assessed at 60 cents per gallon when the original gravity of the worts for such beer does not exceed 1055 degrees as measured by the "Bates

　　　Bates" standard saccharometer and at one additional cent per gallon for every degree in excess of an original gravity of 1055 degrees so measured.

The Colonial Secretary seconded.

Question-put and agreed to.

6. Debate was resumed on the motion moved by the Colonial Secretary on 4th August,

1932:-

The Hon. Sir HENRY E. POLLOCK, Kt., K.C. addressed the Council and on behalf

of the European unofficial members moved the following amendment- "That the principle of the abandonment of the rider-main system in this Colony be accepted, provided that the following conditions are complied with:

(1) That, in districts where the rider-mains have already been dis- connected, those houses which are not at present supplied with meters be, at the earliest possible opportunity, (upon such ap- plication as hereafter in Section 3 referred to), and in priority to other houses, supplied therewith, and that the cost of install- ing such meters and the cost of connecting houses with the mains be paid by the Government.

(2) That the Government thereafter (upon such application as here- after in Section 3 referred to), proceed to supply meters in rider-main districts not yet disconnected, and on the same terms as to costs of installation and connexion as set out in the above condition (1).

662

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 23, 1932.

That, owners of houses in the rider-main districts, who desire to be supplied with meters upon the terms aforesaid, be requir- ed to send in applications for the same to the Water Authority, on or before October 31, 1932.

(4) That a free supply of water be continued through the street

fountains.

The Hon. Mr. W. E. L. SHENTON Seconded.

The Hon. Mr. R. H. KOTEWALL, C.M.G., LL.D. addressed the Council and on

behalf of the Chinese members moved the following amendment -

That in the opinion of this Council the time has come for the Colony to de- cide upon the abandonment, on the expiration of two years from this date, of the principle of the rider-main system, substituting therefor the principle of compulsory meterage to all house supplies to which the alternative shall be a free supply from street-fountains.

The Hon. Mr. S. W. Ts'o, O.B.E., LL.D. seconded.

The Hon. Mr. T. N. CHAU addressed the Council supporting the amendment. The Colonial Secretary replied and stated that the Government was unable to accept the second amendment but was prepared to allow the first amendment to stand in the place of the original resolution if Council so desired. On the second amendment being put to the vote it was declared lost. Thirteen Members voted against and three-Hon. Mr. R. H. KOTEWALL, C.M.G., LL.D., Hon. Mr. S. W. Ts'o, O.B.E., LL.D., and Hon. Mr. T. N. CHAU-for the amendment.

The Hon. Mr. R. H. KOTEWALL, C.M.G., LL.D. addressed the Council on the first

amendment.

The Colonial Secretary addressed the Council in reply.

His Excellency the Officer Administering the Government also addressed the

Council.

The first amendment was then put to the meeting and declared carried.

The Hon. Mr. R. H. KOTEWALL, C.M.G., LL.D., Hon. Mr. S. W. Ts'o, O.B.E.,

LL.D. and Hon. Mr. T. N. CHAU abstained from voting.

7. Supplementary Appropriation Bill.-The Colonial Treasurer moved the Second reading of the Bill intituled "An Ordinance to authorize the Appropriation of a Supplementary Sum of One million eight hundred and eighteen thousand three hundred and seven Dollars and seventy-eight Cents to defray the Charges of the year 1931."

The Attorney General seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Colonial Treasurer reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Attorney General seconded.

Question-put and agreed to.

Bill read a third time and passed.

8. Foreshores and Sea Bed Amendment Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to amend the Foreshores and Sea Bed Ordinance, 1901."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 23, 1932. 663

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded. Question-put and agreed to.

Bill read a third time and passed.

9. Factories and Workshops Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to amend and consolidate the law relat- ing to Factories and Workshops and to the employment of Women, Young Persons and Children in certain industries."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

Clause 4 (1) (k) was relettered (1) and a new clause (k) was inserted as follows: (k) "prescribing the precautions to be taken against fire in factories and workshops

Clause 6. Marginal note Registration necessary before opening or use

added.

was

On Council resuming, the Attorney General reported that the Bill had passed

through Committee with certain amendments.

His Excellency the Officer Administering the Government held that the amend-

ments were not material.

The Attorney General moved that the Bill be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

10. Minimum Wage Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to make provision for fixing minimum wages in occupations where the wages paid are unreasonably low.'

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third

time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

ADJOURNMENT.

11. The Council then adjourned sine die.

Confirmed this 22nd day of September, 1932.

R. A. C. NORTH,

W. T. SOUTHORN, Officer Administering the Government.

Deputy Clerk of Councils.

664

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 23, 1932.

APPOINTMENTS, &c.

　　　　No. 603.-His Excellency the Officer Administering the Government has been pleased to appoint, under section 4 of the Education Ordinance, 1913, Ordinance No. 26 of 1913, Dr. AU KING to be an Inspector of Schools, vice Dr. DOUGLAS LAING, resigned, with effect from the 7th September, 1932.

7th September, 1932.

No. 604. His Excellency the Officer Administering the Government has been pleased to appoint Mr. HENRY ROBERT BUTTERS to be Police Magistrate, Kowloon, with effect from 26th September, 1932.

23rd September, 1932.

　　　　No. 605.-It is hereby notified that Mr. JOHN THEOPHILUS BAGRAM, Honorary Consul-General for Siam in Hong Kong resumed charge of the Siamese Consulate- General, on 13th September, 1932.

21st September, 1932.

No. 606.-His Excellency the Officer Administering the Government has been pleased to recognize, provisionally and pending instructions from the Secretary of State for the Colonies, Messrs. CECIL B. LYON and J. ERNEST BLACK as Vice-Consuls for the United States of America in Hong Kong.

23rd September, 1932.

NOTICES.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　　No. 607.-It is hereby notified that the registration of the following trade marks has expired and that they will be removed from the Register of Trade Marks on the 24th October, 1932, unless the prescribed fees for renewal of registration are paid before that date:

Number of Trade Marks.

Names and Addresses of Proprietors.

Date of Expiration of Registration.

File

Nos.

No. 85 of 1904.

The firm Russian-French India Rubber, Guttapercha and Telegraph Works, "Prowodnik", Riga, Russia.

22nd September, 1932.

214 of 1932.

Nos. 65, 66, 67, and 68 of 1919.

H. Skott and Company, Hong Kong.

18th September, 1932.

203 of 1932.

22nd September, 1932.

E. L. AGASSIZ, Registrar of Trade Marks.

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 23, 1932. 665

No. 608 ---Financial Statement for the month of June, 1932.

TREASURY

REVENUE AND EXPENDITURE.

Excess of Assets over Liabilities on 31st May, 1932

Revenue from 1st to 30th June, 1932

$ 12,714,131.82

2,465,841.12

$ 15,179,972.94 2,643,077.25

Expenditure from 1st to 30th June, 1932

Balance

$ 12,536,895.69

Assets and Liabilities on the 30th June, 1932.

LIABILITIES.

€

ASSETS.

Deposits:-

Contractors

and

Officers

Deposits

315,644.48

Suitors Fund

580,632.17

Advances:

On account of Future Loan... Purchase of three Locomo- tives for Chinese Section, Kowloon-Canton Railway.

Miscellaneous

3,449,584.92

447,618.26

92,927.43

Miscellaneous Deposits

2,502,480.26

Building Loans

1,031,852.88

Postal Agencies

12,361.93

In prest Account

17,218.95

Suspense Account

1,308,889.86

Subsidiary Coins....

1,161,028.80

Exchange Adjustment

483,305.56

House Service Account

13,242.98

Trade Loan Reserve

1,064,813.64

Investments :-

Praya East Reclamation

135,333.90

Surplus Funds.

1,558,539.20

Coal Account

3,858.48

Crown Agents Remittances

8,727.27

Trade Loan Outstanding

979,729.76

Total Liabilities

6,407,320.28

Unallocated Stores, (P.W.D.)

524,392.94

Unallocated Stores, (K.C.R.)

177,428.44

Excess of Assets over Liabi-

lities

12,536,895 69

Lorry Haulage Account

9,993.78

Cash: :-

Treasurer

Crown Agents Joint Colonial Fund On Fixed Deposit

3,610,471.84 6,092.00

5,296,000.00

559,366.52

TOTAL.......

18,944,215.97

TOTAL..

18,944,215.97

* Joint Colonial Fund...

£331,000 0s. Od.

22nd September, 1932.

EDWIN TAYLOR,

Treasurer.

666 THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 23, 1932.

No 609.

COMPARATIVE STATEMENT OF THE REVENUE AND EXPEN

Revenue from

Revenue

Estimates.

1st to

Heads of Revenue.

30th

1932.

June,

for same period of preceding

Actual Revenue to

Revenue

for same

30th

June,

period of preceding

1932.

year.

1932.

year.

Duties

€9

$ C.

7,890,000

475,461.79

$ c.

412,008.18

3,621,170.39

2,790,068.07

Port and Harbour Dues.....

793,000

61,942.54

67,360.86

405,179.15

395,432.22

Licences

and

Internal

Revenue not otherwise

specified

16,234,110

1,137,166.34

991,047.46 8,395,241.50 7,722.329.06

Fees of Court or Office

Payments for specific purposes, and Reim- bursements in Aid

2,122,100

171,723.80

164,623.78 1,255,245.67 1,092,757.88

Post Office

2 340,000 156,384.11

164,985.75 955,542.42 969,973.82

Kowloon-Canton Railway...

1,100,000

89,733.26

78,478.91 647,871,82

533,804,86

Rent of Government Pro-

perty, Land and Houses...

1.407,300

252,040.96

199,482.14 673,362.12 606,906.35

Interest

150,000

29,251.63

16,583.06

179,030.51

140,882.30

Miscellaneous Receipts .

205,000

23,121.05

17,475.91

131,246.79

135,560.57

Total (exclusive of Land

Sales)

32,241,510

2,396,825.48

2,112,046.05 16,263,890.37 14,387,715,13

Land Sales (Premia on New

Leases)

1,750,000

69,015.64

333.449.17

650,049.57 1,424,671.12

TOTAL.........$ 33,991,510 2,465,841.12 2,445,495.22 16,913,939.94 15,812,386.25

22nd September, 1932.

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 23, 1932. 667

DITURE FOR THE PERIOD ENDED 30TH JUNE, 1932.

Estimates,

Heads of Expenditure.

1932.

Expenditure from 1st to 30th

June, 1932.

TREASURY.

Expenditure for

same period of preceding

year.

Actual Expenditure

to 30th

June, 1932.

Expenditure for same period of preceding

year.

$ C.

H. E. the Governor

209,720

15,481.64

14,482.88

73,481.39

Cadet Service

755,321

50,485.74

68,181.12

276,018.55

87,074.65 334,714.72

Senior Clerical and Ac-

counting Staff

409,634

24,557.07

31,147.71

144,551.43

177,710.38

Junior Clerical Service

973,480

80,202.91

73,007.19

468,655.01

438,646.14

Colonial Secretary's Office

and Legislature

78,946

4,995.51

5,756.00

31,131.86

37,303.86

Secretariat

for

Chinese

Affairs

27,938

2,386.31

1,571.73

14,508.46

9,294.79

Treasury

115,580

7,163.15

5,883.64

57,832.02

40,758.55

Audit Department

97,054

4,496.02

7,308.01

31,798.53

42,990.59

District Office, North

26,867

2,649.31

2,017.93

10,535.30

10,634.39

Do., South

13,644

1,385.40

782.25

5,542.23

5,676.06

Communications :-

(a) Post Office

448,592

32,173.27

37,288.99

263,672.79

191,954.43

(b) Do. Wireless

Telegraph Service.

156,604

13,237.28

12,173.35

73,806.22

70,031.84

Imports and Exports

Office

802,437

135,071.51

226,163.92

322,343.94

566,820.95

Harbour Department

1,298,865

84,214.83

113,305.27

462,317.47

462,177.32

Do.

Air

Service

52,807

1,032.23

16,049.09

5,651.86

20,968.32

Royal Observatory

Fire Brigade...

88,160

5,802.78

5,456.08

35,631.46

37,346.75

363,965

26,667.60

26,585.25

131,721.60

183,049.98

Supreme Court..

209,300

14,017.90

13,169.18

79,276.03

101,731.47

Attorney General..

50,190

2,887.79

4,261.56

22,201.81

25,236.51

Crown Solicitor's Office

70,668

4.644.36

5,994.15

25,659.98

26,642.33

Official Receiver

24,641

1,648.00

1,809.83

9,326.72

11,081.48

Land Office

48,604

3,245.49

3,972.98

18,452.55

18,955.27

Magistracy, Hong Kong...

2,274

226 03

Do., Kowloon

2,117

88.53

165.65 173.42

869.40 725.19

941.92

909.76

Police Force.

3,075,359

195,808.36

236,816.78

1,312,978.83

1,476,714.73

Prisons Department.

942,910

74,063.56

68,077.27

379,147.67

371,265.01

Medical Department

1,628,764

108,278.56

120,358.89

639,510.79

685,192,93

Sanitary Department

1,033,504

82,262.07

76,270.74

411,871.23

411,204.78

Botanical and Forestry

Department

129.070

8,964.34

8,469.46

56,132.85

54,787.97

Education Department

2,046,096

150,827.75

Kowloon-Canton Railway..

959,025

80,979.76

150,008.11 75,817.50

944,336.97

926,858.98

452,088.59

409,813.59

Defence:

(a) Volunteer Defence

Corps

132,949

9,525.95

4.375.64

48,200.72

49,895.35

(b) Military

Contribu-

tion

6,366,567

Miscellaneous Services

1,452,481

Charitable Services

175,762

487,032.08 223,144.23 10,537.39

388,128.25 114,274.15 6,854.32

3,647,046.95 925,170.17 30,023.84

2,603,828.86

845,634.19

26,973.10

Charge on Account of

Public Debt

1,973,307

679,435.13

817,869.17

Pensions

1,708,000

112,495.36

123,221,31

686,476.03

780,668.40

Public Works Department.

2,335,114

241,951.27

Do., Recurrent...............

1,521,800

173,918 07

202,053,01 129,778.63

1,108,497.93

1,146,054.70

734,140.85

515,214.52

31,808,116

Do., Extraordinary.

2,173,545

Expenditure from Surplus

balances

TOTAL.. $3

33,981,661

1,000,000

34,981,661¦ 2,643,077.25

2,478,550.01 164,527.24

2,643,077.25

2,381,211.24 174,385.00

2,555,596.24

14,620,770.35 603,903.37

14,024,628.74

584,422.37

15.224.673.72

14,609,051.11

500,000.00

2,555,596.24 15,724,673.72 14,609,051.11

EDWIN TAYLOR,

Treasurer.

668

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 23, 1932.

SUPREME COURT

Hong Kong.

In the matter of the Unclaimed Balances Ordinance, No. 5 of 1929.

No. 610.-It is hereby notified that the amounts 'detailed in the schedule below, being balances of intestate estates, are in the hands of the Official Administrator.

If no claim thereto is received by the Official Administrator and proved to his satis- faction, within a period of five years from the date of this notice, the said balance remaining from the estate of such deceased person will be transferred to the general. revenue of this Colony subject to the provisions of the above Ordinance.

Name of Intestate.

Yong Yat

Sing Chun

Colin Masson

20th September, 1932.

Date of decease.

Amount.

On or since 28th January, 1911.

1,722.09

20th September, 1930.

514.75

30th August, 1931.

295.24

E. P. H. LANG,

Official Administrator,

670

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 30, 1932.

EXECUTIVE COUNCIL.

No. 611.

His Excellency the Governor in Council has been pleased to direct under section 7 of the Public Health and Buildings Ordinance, 1903, Ordinance No. 1 of 1903, that the name of Mr. IVOR MCINNES be added to the List of Authorized Architects published in Government Notification No. 740 of the 27th November, 1931.

COUNCIL CHAMBER.

22nd September, 1932.

No. 612.

D. W. TRATMAN,

Clerk of Councils.

Hong Kong.

Order made by the Governor in Council under section 7 of the Rating Ordinance, 1901, Ordinance No. 6 of 1901, this 25th day of September, 1932.

It is hereby ordered that a valuation of the tenements in the Colony for the year commencing 1st July, 1953, shall be made before the 30th day of April, 1933, or as soon thereafter as may be.

COUNCIL CHAMBER,

25th September, 1932.

•

D. W. TRATMAN,

Clerk of Councils.

No. 613.

It is hereby notified that His Excellency the Governor in Council has given directions for the rescission of the Order of the 3rd September, 1932, published in the Gazette of the 9th September, 1932, as Government Notification No. 571, declaring Kiungchow (Hoihow) to be a place at which an infectious or contagious disease, namely, cholera prevailed, and the same is hereby rescinded.

COUNCIL CHAMBER,

26th September, 1932.

D. W. TRATMAN.,

Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 30, 1932.

APPOINTMENTS, &c.

671

　　　No. 614.--The King's Exequatur empowering Senor MANUEL RIVERA IGLESIAS TO act as Peruvian Consul at Hong Kong with jurisdiction in Ceylon and the Straits Settlements has received His Majesty's signature.

28th September, 1932.

No. 615-It is hereby notified that Mr. FRANCISCO BONACHEA Y ROMERO, Consul for Cuba in Hong Kong resumed charge of the Cuban Consulate, on 18th September, 1932.

28th September, 1932.

　　　No. 616.-His Excellency the Officer Administering the Government has been pleased to appoint Mr. GEORGE STACY KENNEDY-SKIPTON to be a Police Magistrate in addition to his other duties.

30th September, 1932.

No. 617.-His Excellency the Officer Administering the Government has been pleased to appoint Mr. WILLIAM OSBORNE LAMBERT, A.M.I.N.A., M.I.M.E. as Government Marine Surveyor, vice Mr. WILLIAM RUSSELL retired, with effect from 3rd October, 1932.

29th September, 1932.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. 618.-It is notified for general information that a new edition of the British Pharmacopoeia is to be published in the United Kingdom on the 30th September, 1932, and that it will become the official edition as from 1st October, 1932.

27th September, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. 619.-It is hereby notified for general information that copies of the Iraq Law for the Execution of Foreign Judgments No. 30 of 1928 and of Regulation No. 29 of 1932 made thereunder have been received and may be seen at the Colonial Secretary's Office. The effect of this regulation is to apply the provisions of the Law to judgments emanating from the Courts of Hong Kong.

30th September, 1932.

E. R. HALLIFAX,

Colonial Secretary.

672 THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 30, 1932.

Liquor and Tobacco Duties.

THE TREASURY.

　　　No. 620.--In accordance with the Resolutions passed by the Legislative Council on the 26th day of February, 1931, I hereby give notice that the figure representing the average opening selling rates for the month of September, 1932, of the Hong Kong and Shanghai Banking Corporation for demand drafts on London is settled at 16.00.

30th September, 1932.

EDWIN TAYLOR,

Colonial Treasurer.

DISTRICT OFFICE, SOUTH.

No. 621.-It is hereby notified for general information that Memorial of Re- entry by the Crown on Lot No. 1570 in Lamma Island Demarcation District No. 3 has been registered according to law.

29th September, 1932.

B. C. K. HAWKINS, District Officer, Southern District.

ROYAL OBSERVATORY.

No. 622

Sunrise and Sunset in Hong Kong for October, 1932.

STANDARD TIME OF THE 120TH MERIDIAN, EAST OF GREENWICH.)

DATE.

SUNRISE.

SUNSET.

DATE.

SUNRISE.

SUNSET.

October

6.15 a.m.

6.15

་་

6.11 p.m. 6.10

October 17.

6.20 a.m.

5.56 p.m.

18.

6.21

5.56

6.15

6.10

19.

6.21

5.55

6.16

6.08 6.07

20.

6.21

5.54

6.22

5.53

6.16

6.06

22.

6.22

5.53

})

6.16

6.05

23.

6.23

5.52

8..

6.17

6.04

24..

6.23

5.51

6.17

6.04

6.24

5.51

10..

6.17

6.03

26.

6.25

5.50

11.

6.18

6.02

6.25

5.50

12.

6.19

6.01

28.

6.26

5.19

13.

6.19

6.00

29.

6.26

5.48

14.

6.19

6.00

30....

6.26

5.48

15...

6.20

5.59

31....

6.27

5.47

16.

6.20

5.58

27th September, 1932.

C. W. JEFFRIES,

Director.

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 30, 1932. 673

OFFICE OF REGISTRAR OF TRADE MARKS.

　　No. 623.--It is hereby notified that the registration of the following trade marks has expired and that they will be removed from the Register of Trade Marks on the 31st October, 1932, unless the prescribed fees for renewal of registration are paid before that date:-

Number of Trade Marks.

Names and Addresses of Proprietors.

Date of Expiration of Registration.

File

Nos.

No. 149 of 1918.

The Fox Film Corporation (Australia), 'Limited, of Sydney, State of New South Wales, Commonwealth of Australia.

4th September, 1982.

195 of 1932.

No 10 of 1919.

Oram Brothers, of 44, Friday Street, Leicester, England.

6th September, 1932.

196 of 1932.

29th September, 1932.

E. L. AGASSIZ,

Registrar of Trade Marks.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 624.-It is hereby notified that the registration of the following trade mark has been renewed under the provisions of the Trade Marks Ordinance, 1909 :-

Number

Date of Registration.

Name and Address of Owner.

Mark.

No 86 of 1904.

30th September, 1904.

Nestle and Anglo-Swiss Condensed Milk Company,

(A Company incorporated accord- ing to the laws of Switzerland) of Cham and Vevey Switzerland and St George's House,

6 and 8, Eastcheap, London, England.

Period of Renewal.

Class in

File

which renewed.

30th September, 1946.

203

of 1932.

29th September, 1932.

E. L. AGASSIZ, Registrar of Trade Marks

674 THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 30, 1932.

MEDICAL DEPARTMENT

No. 625.--The following addition to the Register of Medical Practitioners entitled to practise Medicine in this Colony, published in Government Notification No. 282 of the 4th May, 1932, pursuant to the Medical Registration Ordinance, 1884, is published for general information:-

NAME.

PERSON QUALIFIED TO PRACTISE MEDICINE.

ADDRESS.

QUALIFICATION,

DATE OF QUALIFICATION

Law Nai Koey

羅乃琚

57, Wyndham Street. Bachelor of Medicine and Bachelor of Surgery of the University of Hong Kong.

27th May, 1932.

27th September, 1932.

A. R. WELLINGTON,

Director of Medical & Sanitary Services.

676

No. 627.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 7, 1932.

EXECUTIVE COUNCIL.

No. 626.

It is hereby notified that His Excellency the Governor in Council has given directions for the rescission of the Order of the 5th July, 1932, published in the Gazette of the 8th July, 1932, as Government Notification No. 446, declaring Swatow to be a place at which an infectious or contagious disease, namely, cholera, prevailed, and the same is hereby rescinded.

COUNCIL CHAMBER,

5th October, 1932.

D. W. TRATMAN,

Clerk of Councils

LEGISLATIVE COUNCIL.

LEGISLATIVE COUNCIL. No. 13.

Thursday, 22nd September, 1932, at 2.30 p.m.

PRESENT:

HIS EXCELLENCY THE OFFICER ADMINISTERING THE GOVERNMENT (Hon. Mr. WILFRID THOMAS SOUTHORN, C.M.G.).

His Excellency the General Officer Commanding the Troops, (Major-General JAMES

WALTER SANDILANDS, C.B., C.M.G., D.S.O.).

The Honourable the Colonial Secretary, (Mr. EDWIN RICHARD HALLIFAX, C.M.G., C.B.E.). the Attorney General, (Mr. CHALONER GRENVILLE ALABASTER, K.C.,

O.B.E.).

the Secretary for Chinese Affairs, (Mr. ALAN EUSTACE WOOD). the Colonial Treasurer, (Mr. EDWIN TAYLOR).

Commander GEORGE FRANCIS HOLE, R.N. (Retired), (Harbour Master). Dr. ARTHUR ROBARTES WELLINGTON, (Director of Medical and Sanitary

Services).

Mr. THOMAS HENRY KING, (Acting Inspector General of Police).

Mr. RICHARD MCNEIL HENDERSON, (Acting Director of Public Works). Sir HENRY EDWARD POLLOCK, Kt., K.C.

Mr. WILLIAM EDWARD LEONARD SHENTON.

Mr. ROBERT HORMUS KOTEWALL, C.M.G., LL.D.

Mr. José PEDRO BRAGA.

Mr. Ts'o SEEN-WAN, O.B.E., LL.D.

Mr. CHAU TSUN-NIN.

Mr. JOHN JOHNSTONE PATERSON.

Mr. WILLIAM HENRY BELL.

Mr. ROLAND ARTHUR CHARLES NORTH, (Deputy Clerk of Councils).

676

No. 627.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 7, 1932.

EXECUTIVE COUNCIL.

No. 626.

COUNCIL CHAMBER,

5th October, 1932.

D. W. TRATMAN,

Clerk of Councils

LEGISLATIVE COUNCIL.

LEGISLATIVE COUNCIL. No. 13.

Thursday, 22nd September, 1932, at 2.30 p.m.

PRESENT:

HIS EXCELLENCY THE OFFICER ADMINISTERING THE GOVERNMENT (Hon. Mr. WILFRID THOMAS SOUTHORN, C.M.G.).

His Excellency the General Officer Commanding the Troops, (Major-General JAMES

WALTER SANDILANDS, C.B., C.M.G., D.S.O.).

The Honourable the Colonial Secretary, (Mr. EDWIN RICHARD HALLIFAX, C.M.G., C.B.E.). the Attorney General, (Mr. CHALONER GRENVILLE ALABASTER, K.C.,

O.B.E.).

the Secretary for Chinese Affairs, (Mr. ALAN EUSTACE WOOD). the Colonial Treasurer, (Mr. EDWIN TAYLOR).

Commander GEORGE FRANCIS HOLE, R.N. (Retired), (Harbour Master). Dr. ARTHUR ROBARTES WELLINGTON, (Director of Medical and Sanitary

Services).

Mr. THOMAS HENRY KING, (Acting Inspector General of Police).

Mr. RICHARD MCNEIL HENDERSON, (Acting Director of Public Works). Sir HENRY EDWARD POLLOCK, Kt., K.C.

Mr. WILLIAM EDWARD LEONARD SHENTON.

Mr. ROBERT HORMUS KOTEWALL, C.M.G., LL.D.

Mr. José PEDRO BRAGA.

Mr. Ts'o SEEN-WAN, O.B.E., LL.D.

Mr. CHAU TSUN-NIN.

Mr. JOHN JOHNSTONE PATERSON.

Mr. WILLIAM HENRY BELL.

Mr. ROLAND ARTHUR CHARLES NORTH, (Deputy Clerk of Councils).

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 7, 1932. 677

1. The Council met pursuant to adjournment. His Excellency the Officer Adminis-

tering the Government occupied the Chair.

MINUTES.

2. The Minutes of the Meeting held on the 18th August, 1932, were confirmed.

PAPERS.

3. The following papers were laid on the table :-

Order made by the Governor in Council under by-laws Nos. 9 (d) and 9 (e) of the Public Health and Buildings Ordinance, 1903, Ordinance No. 1 of 1903, dated 18th August, 1932.

Declaration under the Merchant Shipping Ordinance, 1899, Ordinance No. 10

of 1899, Table L, Quarantine Regulations, dated 18th August, 1932. Resolution passed by the Legislative Council under section 39 of the Liquors Ordinance, 1931, Ordinance No. 36 of 1931, dated 18th August, 1931. Victoria Gaol and the Prisons for males and females at Lai Chi Kok to be houses of detention under section 3 of the Vagrancy Ordinance, 1897. Victoria Gaol and the Prisons for males and females at Lai Chi Kok to be

houses of detention under section 11 of the Deportation Ordinance, 1917. Rescission of the Order made by the Governor in Council under the Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, dated 24th August, 1932.

Amendments to the Air Navigation Directions (Hong Kong), 1932.

Regulations made by the Governor in Council under the Public Places Regula-

tion Ordinance, 1870, Ordinance No. 2 of 1870, dated 28th August, 1932. Order made by the Governor in Council under section 12 of the Rope Company's Tramway Ordinance, 1901, Ordinance No. 21 of 1901, dated 28th August, 1932.

Regulations made by the Governor in Council under sections 33 and 88 of the Liquors Ordinance, 1931, Ordinance No. 36 of 1931, dated 25th August, 1932.

Declaration under the Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, Table L, Quarantine Regulations, dated 2nd September, 1932. Declaration under the Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, Table L, Quarantine Regulations, dated 3rd September, 1932. Additional regulation made by the Governor in Council under section 3 of the Post Office Ordinance, 1926, Ordinance No. 7 of 1926, dated 2nd Septem- ber, 1932.

Sessional Papers, 1932-

No. 4.-Abstract showing the differences between the approved Estimates of Expenditure for 1932 and the Estimates of Expenditure for 1933.

Administration Reports, 1931:-

Part II.-Law and Order :--

Report of the Hong Kong and Kowloon Police Magistrates'

Courts.

Part III.-Public Health :----

Medical and Sanitary Report.

678

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 7, 1932.

REPORT OF THE FINANCE COMMITTEE.

4. The Colonial Secretary laid on the table the Report of the Finance Committee

(No. 9), dated the 18th August, 1932, and moved its adoption.

The Colonial Treasurer seconded.

Question-put and agreed to.

MOTIONS.

5. Appropriation Bill for 1933.-The Colonial Secretary addressed the Council and moved the First reading of a Bill intituled "An Ordinance to apply a sum not exceeding Twenty-seven million five hundred and eighty-five thousand one hundred and forty-two Dollars to the Public Service of the year 1933."

The Colonial Treasurer seconded.

Question-put and agreed to.

Bill read a first time.

ADJOURNMENT.

6. The Council then adjourned until Thursday, the 6th day of October, 1932, at

2.30 p.m.

Confirmed this 6th day of October, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

W. T. SOUTHORN, Officer Administering the Government.

No. 628.-His Excellency the Officer Administering the Government has given his assent, in the name and on behalf of His Majesty the KING, to the following Ordi- nance passed by the Legislative Council:-

Ordinance No. 29 of 1932.--An Ordinance to apply a sum not exceeding

Twenty-seven million five hundred and eighty- five thousand one hundred and forty-two Dollars to the Public Service of the year 1933.

678

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 7, 1932.

REPORT OF THE FINANCE COMMITTEE.

4. The Colonial Secretary laid on the table the Report of the Finance Committee

(No. 9), dated the 18th August, 1932, and moved its adoption.

The Colonial Treasurer seconded.

Question-put and agreed to.

MOTIONS.

The Colonial Treasurer seconded.

Question-put and agreed to.

Bill read a first time.

ADJOURNMENT.

6. The Council then adjourned until Thursday, the 6th day of October, 1932, at

2.30 p.m.

Confirmed this 6th day of October, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

W. T. SOUTHORN, Officer Administering the Government.

Ordinance No. 29 of 1932.--An Ordinance to apply a sum not exceeding

Twenty-seven million five hundred and eighty- five thousand one hundred and forty-two Dollars to the Public Service of the year 1933.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 7, 1932,

HONG KONG.

679

L.S.

No. 29 of 1932.

I assent.

W. T. SOUTHORN,

Officer Administering the Government,

7th October, 1932.

An Ordinance to apply a sum not exceeding Twenty-seven million five hundred and eighty-five thousand one hundred and forty- two Dollars to the Public Service of the year 1933.

17th October, 1932.]

WHEREAS the expenditure required for the service of this Colony for the year 1933 has, apart from the contribution to the Imperial Government in aid of Military Expenditure and Charges on account of Public Debt, been estimated at the sum of Twenty-seven million five hundred and eighty-five thousand one hundred and forty-two Dollars:

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the Appropriation Short title. Ordinance for 1933.

2. A sum not exceeding Twenty-seven million five Appropria- hundred and eighty-five thousand one hundred and tion. forty-two Dollars shall be and the same is hereby charged upon the revenue and other funds of the Colony for the service of the year 1933, and the said sum so charged may be expended as hereinafter speci- fied, that is to say :-

EXPENDITURE,

His Excellency the Governor

182,165

Colonial Secretary's Department and

Legislature....

323,429

Secretariat for Chinese Affairs................

199,425

Treasury....

305,732

Audit Department.....

119,473

District Office, North

84,539

District Office, South

58,443

Post Office

531,094

Wireless Telegraph Services

164,735

Imports and Exports Office.

836,309

Harbour Department

1,279,115

Air Services

149,282

Royal Observatory.....

74,556

Carried forward....... .$ 4,308,297

680

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 7, 1932.

Fire Brigade

Brought forward..

4.308.297

308,793

Supreme Court

251,143

Attorney General

67,840

Crown Solicitor's Office

62,685

Official Receiver

32,484

Land Office.................

74,387

Magistracy, Hong Kong

$2,613

Magistracy, Kowloon

50,057

Police Force

3,149,131

Prisons Department

907,652

Medical Department ........

1,592,377

Sanitary Department..........

1,114,897

Botanical and Forestry Department..

133,705

Education Department

2,042,296

Kowloon-Canton Railway..

1,021,631

Volunteer Defence Corps

161,216

Miscellaneous Services

Charitable Services

Pensions

1,477,306

182,510

1,894,000

Public Works Department

2,809,699

Public Works, Recurrent .

1,692,500

Public Works, Extraordinary

3,667,923

Naval Arsenal Yard & Kellet Island..

500,000

ΤΟΤΑΙ....

$ 27,585,142

Passed the Legislative Council of Hong Kong, this

6th day of October, 1932.

R. A. C. NORTH, Deputy Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 7, 1932. 681

APPOINTMENTS, &c.

No. 629.-His Majesty the KING has been pleased to approve the appointment of the Honourable Mr. RICHARD MCNEIL HENDERSON to be temporarily an Official Member of the Executive Council and an Official Member of the Legislative Council, with effect from the 2nd July, 1932.

5th October, 1932.

No. 630.-The King's Exequatur empowering Signor ALBERTO BIANCONI to act as Consul-General for Italy in Hong Kong has received His Majesty's signature.

5th October, 1932.

　　No 631.-His Excellency the Officer Administering the Government has been pleased to appoint Mr. JOHN ALEXANDER FRASER to act as Assistant Attorney General, with effect from 8th October, 1932.

6th October, 1932.

　　No. 632-His Excellency the Officer Administering the Government has been pleased to appoint Dr. THOMAS WALTER WARE to act as Second Health Officer of Port and Inspector of Emigrants, with effect from 21st September, 1932.

7th October, 1932.

　　No. 633.-- His Excellency the Officer Administering the Government has been pleased to make the following appointment in the Anzac Company of the Hong Kong Volunteer Defence Corps, with effect from 27th September, 1932:-

No. 1715 Sergeant JOHN ROY WAY to be Second Lieutenant.

7th October, 1932.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. 634.-It is hereby notified for general information that the Agreement between His Majesty's Government in the United Kingdom and the Spanish Government in regard to the reciprocal recognition of load-line certificates has been extended to Hong Kong with effect from May 26th, 1932. A copy of the agreement may be seen on application at the Colonial Secretary's Office.

7th October, 1932.

E. R. HALLIFAX,

Colonial Secretary.

682

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 7, 1932.

COLONIAL SECRETARY'S DEPARTMENT.

No. 635.-It is hereby notified that the undermentioned Roads will in future be known by the Names indicated against them :-

DESCRIPTION,

PROPOSED NAME.

CHINESE VERSION.

Road commencing at the junction of Stubbs and Bowen Roads, running in a south- easterly direction and terminating at Wong Nei Cheong Gap

Road off Wong Nei Cheong Road, running in a south-easterly direction, passing Tai Hang Road and terminating at Wong Nei Cheong Gap

Road commencing from Wong Nei Cheong Gap, running in a southerly direction and terminating at the junction of Island Road between Deep Water Bay and Repulse Bay

Road commencing at the junction of Pokfu- lam and Victoria Roads, continuing to the eastward on the south side of Hong Kong Island, passing Aberdeen, Deep Water Bay, Repulse Bay, Tytam and terminating at its junction with the Shau Ki Wan West Main Street

Wong Nei Cheong Gap Road.

道峽涌泥黃

Blue Pool Road.

道塘藍

Repulse Bay Road.

道灣水淺

Island Road..

道島香

7th October, 1932.

E. R. HALLIFAX,

Colonial Secretary.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　　No. 636. It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909:

Number of Marks.

Date of Registration.

Names and Addresses of Owners.

Period of Renewal.

Classes in which renewed,

File Nos.

No. 149 of 1918.

4th September, 1918.

Nos. 156, 157 and 158 of 1918.

4th October, 1918.

6th October, 1932.

The Fox Film Corporation (Australia), Limited, of Sydney, State of New South Wales, Commonwealth of Australia.

Shun Yuen Tseung Hong. 188, Wellington Street, Hong Kong.

4th September, 1946.

195 of 1932.

4th October, 1946.

246 of 1932.

E. L. AGASSIZ, Registrar of Trade Marks,

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 7, 1932. 683

Assessor's OFFICE.

No. 637.--The following alterations in house numbers are hereby notified.

NEW NUMBERS.

OLD NUMBERS.

LOT

REMARKS.

新門牌

舊門牌

NUMBERS.

WINSLOW STREET.

溫思勞街

三號

五號

號號號

二號

三號

七號

四號

九號

一一號

三號

一三號

五號

號號號號號號號

H.H.I.L. 261

241

S.B. ss. 1.

241

S.A.

241

R.P.

一五號

七號

241 S.C.

& 240 S.A.

一七號

九號

240

S.C.

一九號

- 一號

240

R.P.

二一號

--三號

239

R.P.

二三號

一五號

239

S.F.

2 N N N

二五號

一七號

239

S.E.

二七號

-九號

239

S.E.

二九號

二一號

239

S.C.

三一號

二三號

239

S.B.

33 to

三三號至

238

43 (odd)

四三號

Here is Lo Lung Hang.

四五號

三五號

H.H.I.L. 237

四七號

三七號

四九號

三九號

五一號

四一號

& 236

五三號

四三號

236

五五號

四五號

Reserve.

684 THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 7, 1932.

NEW NUMBERS.

OLD NUMBERS.

LOT

REMARKS.

新門牌

舊門牌

NUMBERS.

BOUNDARY STREET.

界限街

SOUTH SIDE.

EVEN NUMBERS.

168

一六八

298

二九八

K.I.L. 2098

170

300

三百號

7th October, 1932.

EDWIN TAYLOR,

Treasurer and Assessor of Rates.

No. 45.

QUI

•

MAL

L•Y.PE

Vol. LXXVIII.

250

DIEU

MON

OIT.

The Hong Kong Government Gazette Extraordinary

Published by Authority

THURSDAY, OCTOBER 13, 1932.

The following Notification is published,

No. 638.

By command,

E. R. HALLIFAX, Colonial Secretary.

NOTICES.

Hong Kong.

Order made by His Excellency the Officer Administering the Government under Section 2 of the Public Revenue Protection Ordinance, 1927, Ordinance No. 9 of 1927, at A p.m. on Thursday the 13th day of October, 1932.

WHEREAS I, Wilfrid Thomas Southorn, Companion of the Most Distinguished Order of Saint Michael and Saint George, the Officer Administering the Government of the Colony of Hong Kong and its Dependencies, have approved the introduction into the Legislative Council of the bill and resolution hereto annexed and signed by me:

AND WHEREAS certain duties and fees would be imposed or altered if the bill and resolution were to become law:

686

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 13, 1932.

NOW 1, under the powers conferred upon me by the Public Revenue Protection Ordinance, do hereby make this Order giving the full force and effect of law to all the pro- visions of such bill and resolution as long as this Order re- mains in force.

W. T. SOUTHORN,

Officer Administering the Government.

[No. 45:-13.10.32.--1

Short title.

Inter- pretation.

Special licence fee for motor

vehicles which

are not

Empire products.

A BILL

INTITULED

An Ordinance to secure an increased trade between the Colony

and other parts of the British Empire.

BE it enacted by the Governor of Hong Kong with the advice and consent of the Legislative Council thereof as follows:-

1. This Ordinance may be cited as the Empire Preference Ordinance, 1932.

2. In this Ordinance :

"The British Empire" includes the United Kingdom of Great Britain and Ireland, the Dominion of Canada, the Com- monwealth of Australia. the Dominion of New Zealand, the Union of South Africa, the Irish Free State, Newfoundland, India, all British Colonies and all territories under His Majesty's protection. It shall also include, if for the purposes of this Ordinance the Governor in Council by Order so directs. any territory in respect of which a mandate of the League of Nations is exercised by the Government of any part of His Majesty's dominions.

"Empire product' in the case of motor vehicle means a vehicle which is substantially manufactured within the British Empire.

"Motor Vehicle" includes motor car, motor lorry, motor omnibus, motor truck, motor bicycle and motor tricycle.

(2) No vehicle shall be deemed to be substantially manu- factured within the British Empire unless, in the opinion of the Inspector General of Police, at least one quarter, or such other proportion as the Governor in Council may fix by Order. of its value is the result of labour within the British Empire

3. (1) There shall be charged, levied and paid, in respect of the first registration in the Colony of every motor vehicle hereafter registered which, in the opinion of the Inspector General of Police, is not an Empire product, a special licence fee of an amount equal to twenty per cent of the value of such vehicle, including cost freight and insurance, on arrival in the Colony, after deduction of the value of the tyres and of any spare wheels or other spare parts.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 13, 1932.

(2) Such special licence fee shall be in addition to the ordinary licence fee payable under any Ordinance or regula- tions relating to the licensing of vehicles.

4. The Governor in Council shall have power to make Regulations. such regulations as he thinks fit for the carrying out of this Ordinance.

687

W. T. SOUTHORN,

Officer Administering the Government.

Objects and Reasons.

The Ottawa Conference has made it necessary for all parts of the Empire to support the conclusions there made as far as circumstances permit. The conditions of Hong Kong give few openings for reciprocating in the way of preference. but motor vehicles provide one such opening of which it is proposed to take advantage. A general import duty is possible but it is considered that such a duty might interfere with the entrepôt trade in motor vehicles and it has therefore been decided to recommend that the principle of preference should apply only to motor vehicles registered for use in the Colony and to add 20% of the c.i.f. value to the licence fee of all foreign made motor vehicles on first registration.

C. G. ALABASTER,

Attorney General.

13th October, 1932.

LIQUOR DUTIES RESOLUTION.

Resolved pursuant to section 39 of the Liquors Ordinance, 1931, Ordinance No. 36 of 1931, that the Table to the Liquor Duties Resolution of the 30th June, 1932 (published by Notification No. 417 of the Gazette of the 30th June, 1932) be amended and that on and after the coming into operation of this Resolution Part I of the Table published in the said notification be rescinded and the following Part substituted :--

Part I.

European Type Liquor.

On all liqueurs, and on all champagnes and other

sparkling wines

...

On all brandy consigned from and grown or

produced in the British Empire

Per gallon

$10.00

3.00

On all other brandy and on gin, whisky and other

spirituous liquors

6.00

On all port, sherry and madeira...

On all other still wines..

ཅ་

4.00

3.00

On beer, porter, cider, perry and stout

On all intoxicating liquors above the strength of

0.60

18 degrees under proof, for every degree above such strength in addition to the appropriate duty as above

W. T. SOUTHORN,

0.07

Officer Administering the Government.

Printed and Published by NORONHA & Co., Printers to the Hong Kong Government.

690

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 14, 1932,

EXECUTIVE COUNCIL.

No. 639.

Hong Kong.

ORDINANCE No. 28 of 1917. (FERRIES).

In exercise of the powers conferred by Section 5 of the Ferries Ordinance, 1917, the Governor in Council makes the following regulation :-

The fares hereunder mentioned shall be the maximum fares which may be demanded or taken by the Hong Kong and New Territories Ferry Company, Limited, for passengers carried in either direction between the undermentioned places or ports of call:-

Hong Kong and Kap Sui Mun..

Hong Kong and Castle Peak

Hong Kong and Tung Chung..

Hong Kong and Tai (

First class, 25 cents. Second class, 15 cents. First class, 30 cents. Second class, 20 cents. (First class, 40 cents.

Second class, 30 cents. First class, 50 cents. Second class, 30 cents.

D. W. TRATMAN,

Clerk of Councils.

COUNCH. CHAMBER,

6th October, 1932.

No. 640.

Hong Kong.

THE DANGEROUS DRUGS ORDINANCE, 1923. (ORDINANCE No. 22 of 1923).

WHEREAS by section 5 (4) of the Dangerous Drugs Ordinance, 1923, power is conferred on the Governor in Council to declare that the said Ordinance shall apply to any drug of whatever kind in the same manner as it applies to the drugs mentioned in section 5 (1) of the said Ordinance if it appears to the Governor in Council that the drug is or is likely to be productive, if improperly used, of ill effects substantially of the same character or nature as or analogous to those produced by morphine or cocaine:

AND WHEREAS it appears to the Governor in Council that Acetyldihydrocodeinone and its salts and any preparation, admixture, extract or other substance containing any propor- tion of Acetyldihydrocodeinone are productive, if improperly used, of ill effects substantially of the same character or nature as or analogous to those produced by morphine or cocaine:

NOW, therefore, the Governor in Council, in pursuance of the power conferred upon him by section 5 (4) of the Dangerous Drugs Ordinance, 1923, hereby declares that the Dangerous Drugs Ordinance, 1923, shall henceforth apply to Acetyldihydrocodeinone and its salts and any preparation, ad- mixture, extract or other substance containing any proportion of Acetyldihydrocodeinone.

D. W. TRATMAN,

Clerk of Councils.

COUNCIL CHAMBER,

8th October, 1932.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 14, 1932.

691

No. 641.

Hong Kong.

ORDINANCE No. 22 of 1923. (DANGEROUS DRUGS).

In exercise of the powers conferred by section 4 of the Dangerous Drugs Ordinance, 1923, the Governor in Council makes the following amendments of the regulations made under the aforesaid Ordinance and set forth on pages 810 to $21 of the Regulations of Hong Kong, 1844-1925, as amended by regulations published in the Gazette as Notifications Nos. 191 of 1928, 138 of 1929, 63 of 1930 and 153 of 1931:--

AMENDMENTS.

(1) Regulation 2, on page 810, is rescinded and the following regulation substituted therefor :---

2. No person shall manufacture or carry on any process in the manufacture of morphine, esters of morphine, dihydro- morphinone, acetyldihydrocodeinone, cocaine, ecgonine, diamorphine, benzoylmorphine, dihydro-oxycodeinone or dihydrocodeinone or their respective salts or medicinal opium-

(1) unless he is licensed by the Superintendent or is anthorised by these regulations or by any authority granted by the Superintendent to do so; and

(2) except on premises licensed for the purpose by the

Superintendent; and

(3) otherwise than in accordance with the terms and

conditions of such licence or authority.

(2) Paragraph (2) of regulation 9, on page 814, is rescind- ed and the following paragraph substituted therefor

(2) Separate registers or separate parts of the register shall be used for (a) cocaine and ecgonine and sub- stances containing them, (6) morphine and substances containing it, (c) esters of morphine and substances containing them, (d) dihydromorphinone and sub- stances containing it, (e) acetyldihydrocodeinone and substances containing it, (f) diamorphine and sub- stances containing it, (g) benzoylmorphine and sub- stances containing it. (h) dihydro-oxycodeinone and substances containing it, () dihydrocodeinone and substances containing it, and (j) medicinal opium: Provided that with the approval of the Superintendent separate registers may be kept for separate depart- ments of a business.

COUNCIL CHAMBER,

8th October, 1932.

D. W. TRATMAN,

Clerk of Councils.

692

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 14, 1932.

No. 642.

It is hereby notified that His Excellency the Governor in Council has given directions for the rescission of the Order of the 8th June, 1932, published in the Gazette of the 10th June, 1932, as Government Notification No. 362, declaring Shanghai to be a place at which an infectious or contagious disease, namely, cholera, prevailed, and the same is hereby rescinded.

COUNCIL CHAMBER,

12th October, 1932.

D. W. TRATMAN,

Clerk of Councils.

LEGISLATIVE COUNCIL.

No. 643-His Majesty the KING has not been advised to exercise his power of disallowance with respect to the following Ordinances :---

Ordinance No. 14 of 1932.-An Ordinance to amend the Importation and

Exportation Ordinance, 1915.

Ordinance No. 22 of 1932.-An Ordinance for the resumption of the City Hall

property.

Ordinance No. 24 of 1932.-An Ordinance to amend further the Crown Soli-

citors Ordinance, 1912.

COUNCIL CHAMBER,

12th October, 1932.

R. A. C. NORTH, Deputy Clerk of Councils

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

　　　　No. 644. It is hereby notified for general information that the operation of the provisional Commercial Agreement between His Majesty's Government in the United Kingdom and the Egyptian Government, instituting most-favoured-nation treatment reciprocally between Egypt and Hong Kong, as announced in Government Notifications No. 746 of the 12th December, 1930, and No. 413 of the 3rd July, 1931, has, by a further exchange of Notes been prolonged until the 16th of February, 1933.

11th October, 1932.

E. R. HALLIFAX,

Colonial Secretary.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 14, 1932. 693

COLONIAL SECRETARY'S Department.

　　No. 645.-Kennedy Town bathing beach will be closed on and after 7 p.m. Saturday, the 15th October, 1932.

14th October, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

　　No. 646.-The following translation of a memorandum addressed to the British Embassy in Moscow by the People's Commissariat for Foreign Affairs of the Union of Soviet Socialist Republics is published for general information:-

14th October, 1932.

MEMORANDUM.

E. R. HALLIFAX,

Colonial Secretary.

PEOPLE'S COMMISSARIAT

FOR

FOREIGN AFFAIRS.

KO. 520.

　　The People's Commissariat for Foreign Affairs have the honour to inform the British Embassy that, in accordance with existing regulations, every foreign subject arriving on the territory of the U. S. S. R. must register in the Foreign Department of the local Executive Committee within twenty-four hours of his arrival at the place of his residence.

　　In conformity with the above-mentioned regulations the passports of foreigners will be endorsed with a registration stamp.

Considering it necessary to inform the Embassy of the above regulation, which is obligatory in the case of all foreigners, the People's Commissariat for Foreign Affairs have the honour to request that the competent authorities of the United Kingdom and Dominions be informed, in order that they may bring it to the notice of persons who are travelling to the U. S. S. R. and also that their Consulates in this country may be simi- larly informed.

Moscow, 8th June, 1932.

694 THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 14, 1932.

No. 647.-It is hereby notified that, by command of His Excellency the Officer Administering the Government, and pursuant to the Public Health and Buildings Ordi- nance, 1903, as amended by the Public Health and Buildings Ordinance, 1927, an election of a member of the Sanitary Board will take place at the office of the Registrar, Supreme Court, Hong Kong, on THURSDAY, THE 17TH DAY OF NOVEMBER, 1932, commencing at 10 o'clock in the forenoon, to replace Dr. ROBERTO ALEXANDRE de Castro BASTO during his absence from this Colony and until he shall return to resume his functions as an elected member of the said Board.

　　　　Sub-sections (2) to (8) of section 8 of the Public Health and Buildings Ordinance, 1903, which govern the right to vote at the election, provide that :-

(2) Two of the additional members shall be elected by an electorate composed of the persons whose names shall appear in one or other of the two parts of the register hereinafter referred to.

The first part of the register shall consist of the two jurors lists for the current jury year brought into force under the provisions of the Jury Ordinance, 1887.

(4) The second part of the said register, which shall be kept by the Registrar of the Supreme Court, shall consist of the names of all male persons of any of the following classes WHO SHALL HAVE DULY APPLIED TÒ BE REGISTERED THEREIN, and whose claims to be registered shall have been duly allowed :--

solicitors in actual practice;

(d) persons registered under Section 4 of the Medical Registration Ordinance, 1884, or under the Dentistry Ordinance, 1914, or under the Pharmacy and Poisons Ordinance, 1916;

(e) editors, sub-editors and reporters of daily newspapers published

in the Colony;

(f) clergymen of the Church of England, Roman Catholic priests, and ministers of any congregation of Protestant Dissenters or Jews, acting as such in the Colony ;

(g) professors and other academic officers of the University of Hong

Kong;

(h) masters of schools which are certified by the Director of Educa-

tion as not being vernacular schools;

(i) masters of steamers and local pilots; and

officers and non-commissioned officers of the Hong Kong Volun- teer Corps, and such other members of the Hong Kong Defence Corps as shall have been exempted from jury service by the Governor in Council;

Provided that no person who is in the service of the Crown, and whose whole time is at the disposal of the Crown, shall be entitled to be included in the said register.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 14, 1932. 695

(6) Subject to any rules which may be made under s. 9 of the Public Health and Buildings Ordinance, 1903, THE SECOND PART OF THE SAID REGISTER SHALL BE CLOSED TO ANY FRESH APPLICATIONS FOR REGISTRATION FOR FOURTEEN DAYS BEFORE THE DAY APPOINTED FOR ANY BALLOT FOR THE ELECTION OF A MEMBER OF THE SANITARY BOARD, AND SHALL REMAIN CLOSED UNTIL AFTER THE BALLOTING IN THAT ELECTION SHALL HAVE BEEN COMPLETED.

The second part of the register referred to above will be closed to any fresh applications for registration therein from Thursday, the 3rd day of November, 1932 to Wednesday, the 16th day of November, 1932, both days inclusive, pursuant to the above section (6). Existing registrations in such Register do not require to be renewed.

Section 11 of the said Ordinance under which a nomination or nominations has or have become necessary provides that:

If any member of the Board be at any time prevented for more than six months by absence or other cause from acting, the Governor may appoint, or if the member has been elected, the electors may nominate, some other person to replace such member, until he shall return or be able to resume. his functions.

　　　The election will be conducted in accordance with the rules contained in Schedule C to the above named Ordinance.

In the event of the election being contested voting will commence immediately after the nominations have been read at 10 a.m. and continue until 6 p.m., when the ballot-box will be closed unless the Presiding Officer decides to extend the time for voting under Rule 9 of the said Schedule C.

SUPREME COURT,

Hong Kong.

14th October, 1932.

E. P. H. LANG,

Registrar.

696

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 14, 1932.

ROYAL OBSERVATORY.

No. 648.-Extract of Meteorological Observations made at the Royal Observatory, Hong Kong, during the month of September, 1932.

DATE.

BAROMETER

AT M.S.L.

TEMPERATURE.

HUMIDITY.

Max.

Mean. Min.

Rel.

Abs.

CLOUDINESS.

SUNSHINE.

WIND.

RAIN.

Mean

Dir.

Vel.

Miles

September

ins.

p. c.

ins.

p. c.

hrs.

ins.

Points.

p.h.

29.87

86.9 80.0

75.6

0.87

8.9

0.420

6.5

.87

85.0

79.6 76.7

.79

3.3

NNE

...

5.4

3,.

.93

82.8

78.7

74.8

.78

4.6

0.055

ENE

12.8

.95

82.1

78.6

76.8 83

.81

2.1

0.545

E by N

18.2

.89

81.5

78.8

77.9

.76

3.3

E by N

21.3

6..

.83

81.8 78.8

76.0 73

.72

5.4

E by N

16.5

7,.

.79

82.9

78.8

76.5

.75

2.9

E by N

14.9

8,.

.82

84.2 79.4

76.8

.73

3.0

E by N

16.4

.81

9.........

84.5

79.5

77.0 76

.77

3.3

E by N

•

20.5

10,.

.78 81.7

78.7 77.2 84

.82

0.1

0.040

E by N

25.4

.-6

11,.

80.9

78.6

76.9 93

.91

0.9

0.080

E by N

18.7

12,

.83

80.9

79.1 78.3 90

.90

0.3

E by N

13.5

.87

13,

82.7

79.2 77.3

.81

10.4

18.2

.86

14,

82.9 79.4

76.9

.77

11.5

E by N

21.2

15,

.78

84.1

80.3

77.1

.80

7.6

13.0

16,

.64

86.9

80.6

76.4

.83

0.4

0.545

13.9

17,

.54 82.9

80.7 76.4

.87

...

1.305

45.4

18,.

.75

83.9 81.0 78.7

.93

4.6

0.170

ESE

26.6

19,.

.87

81.8

79.3

77.4

.85 90

4.0

0.235

E by N

25.9

20,

.84

82.5

79.4

78.2

.81

4.1

15.5

21,.

.75

83.9

80.0 78.1

.81

7.5

13.4

22,.

.72

84.0

81.1

79.1

.85

3.2

ENE

21.0

23,

.78 86.2

80.3

78.2

24,

.$8 86.2

81.0 77.4

25,.

26,

.92 87.4 81.9 78.3

.86 87.1 82.6 79.9

27,

.83

88.0 82.9 78.5

a ∞ ∞ ∞ ∞

.94

4.7

ESE

0.510

15.2

.93

6.4

0.095

S by E

3.6

.92

9.8

4.0

.90

4.6

SSW

5.8

...

.92

28,

.90

80.9 78.0 75.2 76

.73

7.3

WSW

6.0

0.340

0.7

N by E

5.0

29,.

.94 844 78.0 74.9

.70

3.8

E by N

6.5

30,.

.93

84.9 79.0 75-7

.74

4.7

E by S

7.2

Mean,... 29.83

839

79.8 77.1

0.82

82 133.4

4.340

E by N

15.2

MEANS AND EXTREMES FOR SEPTEMBER :

　　　Maximum,. Normals, Minimum,

29.90 29.83

854

29.76

87.3 82.2 78.6 84

$2 266.5 30.595 80.6 76.8 78 0.82 59 200.2 10.178 82.5 78.6

74.1 65 0.69 40

133.4 0.635

0.88

19.0

E by N

11.4

6.9

　　　　The rainfall for the month of September at the Botanical Gardens was 4ins. 42 on 12 days, at the Matilda Hospital, Mount Kellett, it was 4s. 14 on 14 days, at Fanling, 5ins. 66 on 9 days, and at the Police Station, Taipo, 4ins. 89 on 11 days.

The lowest reading of the barometer (M.S.L.) was 29ins. 466 at 4h. 11m. on the 17th.

The maximum gust velocity as recorded by the Dines-Baxendell anemograph, was at the rate of 79 miles per hour at Sh. 00m. on the 17th.

12th October, 1932.

C. W. JEFFRIES,

Director.

698

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 21, 1932.

EXECUTIVE COUNCIL.

No. 649.

Hong Kong.

Order made by the Governor in Council on the 20th day of October, 1932 under Regulation No. 25 of the Emergency Regulations published in the Government Gazette of the 2nd October, 1931, by Government Notification No. 621.

The Governor in Council orders the suppression, for the period of two months, of the printing and publication of the newspaper KUNG LUN YAT Po.

D. W. TRATMAN,

COUNCIL CHAMBER,

No. 650.

20th October, 1932.

Clerk of Councils.

It is hereby notified that His Excellency the Governor in Council has given directions for the rescission of the Order of the 6th July, 1932, published in the Gazette of the 8th July, 1932, as Government Notification No. 447, declaring Tientsin to be a place at which an infectious or contagious disease, namely, cholera, prevailed, and the same is hereby rescinded.

COUNCIL CHAMBER,

No. 651.

20th October, 1932,

D. W. TRATMAN,

Clerk of Councils.

It is hereby notified that His Excellency the Governor in Council has given directions for the rescission of the Order of the 18th July, 1932, published in the Gazette of the 22nd July, 1932, as Government Notification No. 475, declaring Newchwang to be a place at which an infectious or contagious disease, namely, cholera, prevailed, and the same is hereby rescinded,

COUNCIL CHAMBER,

No. 652.

21st October, 1932.

D. W. TRATMAN,

Clerk of Councils

It is hereby notified that His Excellency the Governor in Council has given directions for the rescission of the Order of the 18th August, 1932, published in the Gazette of the 19th August, 1932, as Government Notification No. 533, declaring Dairen to be a place at which an infectious or contagious disease, namely, cholera, prevailed, and the same is hereby rescinded.

D. W. TRATMAN,

COUNCIL CHAMBER,

21st October, 1932.

Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 21, 1932.

LEGISLATIVE COUNCIL.

No. 653.

LEGISLATIVE

COUNCIL.

No. 14.

Thursday, 6th October, 1932, at 2.30 p.m.

699

PRESENT:

HIS EXCELLENCY THE OFFICER ADMINISTERING THE GOVERNMENT (Hon. Mr. WILFRID THOMAS SOUTHORS, C.M.G.).

His Excellency the General Officer Commanding the Troops, (Major-General JAMES

WALTER SANDILANDS, C.B., C.M.G., D.S.O.).

The Honourable the Colonial Secretary, (Mr. EDWIN RICHARD HALLIFAX, C.M.G., C.B.E.). the Attorney General, (Mr. CHALONER GRENVILLE ALABASTER, K.C.,

O.B.E..

the Secretary for Chinese Affairs, (Mr. ALAN EUSTACE WOOD).

the Colonial Treasurer, Mr. EDWIN TAYLOR).

The Honourable Commander GEORGE FRANCIS HOLE, R.N. (Retired), (Harbour Master). Dr. ARTHUR ROBARTES WELLINGTON, Director of Medical and Sanitary

Services).

Mr. THOMAS HENRY KING, (Acting luspector General of Police).

Mr. RICHARD MCNEIL. HENDERSON, (Acting Director of Public Works). Sir HENRY EDWARD POLLOCK, Kt., K.C.

Mr. WILLIAM EDWARD LEONARD SHENTON.

Mr. ROBERT HORMUS KOTEWALL, C.M.G., LL.Ð.

Mr. José PEDRO BRAGA,

Mr. Ts'o SEEN-WAN, O.B.E., LL.D.

Mr. CHAU TSUN-NIN.

Mr. WILLIAM HENRY BELL,

Mr. ROLAND ARTHUR CHARLES NORTH, (Deputy Clerk of Councils).

ABSENT:

The Honourable Mr. JOHN JOHNSTONE PATERSON.

1. The Council met pursuant to adjournment. His Excellency the Officer Adminis-

tering the Government occupied the Chair.

MINUTES.

2. The Minutes of the Meeting held on the 22nd September, 1932, were confirmed.

PAPERS.

3. The following papers were laid on the table:--

Amendments of the regulations made by the Governor in Council under section 3 of the Vehicles, and Traffic Regulation Ordinance, 1912, Ordin- ance No. 40 of 1912, dated 20th September, 1932.

Two Notifications made by the Governor in Council under section 90 of the Public Health and Buildings Ordinance, 1903, Ordinance No. 1 of 1903, dated 21st September, 1932.

Order made by the Governor in Council under section 7 of the Rating Ordin-

ance, 1901, Ordinance No. 6 of 1901, dated 25th September, 1932.

700

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 21, 1932.

Rescission of the Order made by the Governor in Council under the Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, dated 26th Septem- ber, 1932.

Administration Reports, 1931 :---

Part I.-General Administration: -

Financial Returns.

Report of the Director of Colonial Audit on the Audit of the

Accounts of Hong Kong.

REPORT OF THE FINANCE COMMITTEE.

4. The Colonial Secretary laid on the table the Report of the Finance Committee

(No. 10), dated the 22nd September, 1932, and moved its adoption.

The Colonial Treasurer seconded.

Question--put and agreed to.

MOTIONS.

5. Waterworks Amendment Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to amend the the Waterworks Ordinance, 1903.

The Colonial Secretary seconded.

Question--put and agreed to.

Bill read a first time.

6. Dangerous Drugs Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to amend and consolidate the law relating to dangerous drugs.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

7. Appropriation Bill for 1933. The Colonial Secretary moved the Second reading of the Bill intituled "An Ordinance to apply a sum not exceeding Twenty- seven million five hundred and eighty-five thousand one hundred and forty- two Dollars to the Public Service of the year 1933."

The Colonial Treasurer seconded.

The Hon. Sir HENRY E. POLLOCK, Kt., K.C., Hon. Mr. W. E. L. SHENTON, Hon. Mr. R. II. KOTEWALL, C.M.G., LL.D., Hon. Mr. J. P. BRAGA, Hon. Mr. S. W. Ts'o, O.B.E., LL.D., Hon. Mr. T. N. CHAU, Hon. Mr. W. H. BELL, Hon. Commander G. F. HOLE, R.N. (Retired), (Harbour Master), Hon. Mr. R. M. HENDERSON, (Acting Director of Public Works), the Colonial Treasurer, the Colonial Secretary and His Excellency the Officer Administering the Govern- ment addressed the Council.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Colonial Secretary reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Treasurer seconded.

Question-put and agreed to.

Bill read a third time and passed.

8. The Colonial Secretary moved:

That this Council approves of the expenditure of $66,398 on the Shing Mun Valley Water Supply Scheme (First Section) during the financial year

1933, which sum shall be met from a future loan and shall meanwhile be charged as an advance from the surplus balances of the Colony.

The Colonial Treasurer seconded.

Question-put and agreed to.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 21, 1932. 701

9. The Colonial Secretary moved :-

That this Council approves of the expenditure of $263,000 on the Aberdeen Valley Water Scheme during the financial year 1933, which sum shall be met from a future loan and shall meanwhile be charged as an advance from the surplus balances of the Colony.

The Colonial Treasurer seconded.

Question-put and agreed to.

10. The Colonial Secretary moved :-

That this Council approves the expenditure of $50,000 on the Shing Mun Valley Scheme (Second Section) Preliminary Works, of which $30,399.17 was expended in 1931, $9,600 83 in 1932, and the balance $10,000 is to be expended in 1933, which suni shall be met from a future loan and shall meanwhile be charged as an advance from the surplus balances of the Colony.

The Colonial Treasurer seconded.

Question-put and agreed to.

11. The Colonial Secretary moved:

That this Council approves of the expenditure of $1,525,000 on the Shing Mun Valley Water Supply Scheme (Second Section), Gorge Dam, during the financial year 1933, which sum shall be met from a future loan and shall meanwhile be charged as an advance from the surplus balances of the Colony.

The Colonial Treasurer seconded.

Question-put and agreed to.

12. The Colonial Secretary moved :-

That this Council approves of the expenditure of $170,000 on the Vehicular Ferry during the financial year 1933, which sum shall be met from a future loan and shall meanwhile be charged as an advance from the surplus balances of the Colony,

The Colonial Treasurer seconded.

Question-put and agreed to.

13. The Colonial Secretary moved--

That this Council approves of the expenditure of $500,000 on the New Gaol at Wong Ma Kok during the financial year 1933, which sum shall be met from a future loan and shall meanwhile be charged as an advance from the surplus balances of the Colony.

The Colonial Treasurer seconded.

Question-put and agreed to.

ADJOURNMENT.

14. The Council then adjourned until Thursday, the 20th day of October, 1932,

at 2.30 p.m.

Confirmed this 20th day of October, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

W. T. SOUTHORN, Officer Administering the Government.

　　No. 654.-His Excellency the Officer Administering the Government has given his assent, in the name and on behalf of His Majesty the KING, to the following Ordi- nances passed by the Legislative ouncil:-

Ordinance No. 30 of 1932.--An Ordinance to amend the Waterworks Ordinance,

1903.

Ordinance No. 31 of 1932.-An Ordinance to amend and consolidate the law

relating to Dangerous Drugs.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 21, 1932. 701

9. The Colonial Secretary moved :-

The Colonial Treasurer seconded.

Question-put and agreed to.

10. The Colonial Secretary moved :-

The Colonial Treasurer seconded.

Question-put and agreed to.

11. The Colonial Secretary moved:

The Colonial Treasurer seconded.

Question-put and agreed to.

12. The Colonial Secretary moved :-

The Colonial Treasurer seconded.

Question-put and agreed to.

13. The Colonial Secretary moved--

The Colonial Treasurer seconded.

Question-put and agreed to.

ADJOURNMENT.

14. The Council then adjourned until Thursday, the 20th day of October, 1932,

at 2.30 p.m.

Confirmed this 20th day of October, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

W. T. SOUTHORN, Officer Administering the Government.

Ordinance No. 30 of 1932.--An Ordinance to amend the Waterworks Ordinance,

1903.

Ordinance No. 31 of 1932.-An Ordinance to amend and consolidate the law

relating to Dangerous Drugs.

702

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 21, 1932.

HONG

KONG.

No. 30 OF 1932.

I assent.

W. T. SOUTHORN,

L.S.

Officer Administering the Government.

Short title.

Amendment

21st October, 1932.

An Ordinance to amend the Waterworks Ordinance, 1903.

[21st October, 1932.]

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as Amendment Ordinance, 1932.

the Waterworks

2. Section 2 of the Waterworks Ordinance, 1903, is

of Ordinance amended by the repeal of paragraphs (f) (h) and (i).

No. 16 of

1903, s. 2.

Amendment

3. Section 5 of the Waterworks Ordinance, 1903, is of Ordinance amended by the deletion of the words "which is not connected

with a rider main".

No. 16 of

1903, s. 5.

Repeal of Ordinance No. 16 of 1903, s. 6.

Amendment

4. Section 6 of the Waterworks Ordinance, 1903, is repealed.

　　　　　5. The proviso at the end of section 8 of the Water- of Ordinance works Ordinance, 1905, is repealed.

No. 16 of

1903, s. 8.

Repeal of Ordinance No. 16 of 1903, s. 9.

Repeal of Ordinance No. 16 of 1903, s. 11 and heading.

Amendment

6. Section 9 of the Waterworks Ordinance, 1903, is repealed.

7. Section 11 of the Waterworks Ordinance, 1903, and the heading thereto are repealed.

8. Section 12 of the Waterworks Ordinance, 1903, is of Ordinance amended by the deletion of all the words following the word "regulations" in the ninth line and by the substitution therefor

No. 16 of

1903, s. 12.

Amendment

of Ordinance No. 16 of

1903, s. 16.

of the words :-

"Provided that, except when so directed by the Governor in Council, the Water Authority shall be under no obligation to connect the service with the waterworks in any district outside the areas to which the waterworks for the time being extend. Provided also that nothing in this section shall be deemed to restrict the drawing of water by any such person from street fountains in districts where street fountains are provided.

9. Section 16 of the Waterworks Ordinance, 1903, is amended by the deletion of the words "which is not connected with a rider main".

Passed the Legislative Council of Hong Kong, this 20th day of October, 1932.

R. A. C. NORTH, Deputy Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 21, 1932. 703

HONG KONG.

No. 31 OF 1932.

I assent.

W. T. SOUTHORN,

L.S.

Officer Administering the Government.

21st October, 1932.

An Ordinance to amend and consolidate the law relating to

dangerous drugs.

21st October, 1932.]

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council therecf, as follows:--

1. This Ordinance may be cited as the Dangerous Drugs Short title. Ordinance, 1932.

2.-(1) In this Ordinance,

(a) "To export" means to carry or otherwise despatch out of the Colony or to cause to be carried or otherwise despatched out of the Colony and includes the conveyance of things out of the Colony by transit mail or any other mail and the carriage out of the Colony of things which were carried into the Colony by water or by air and which are carried out of the Colony on the same ship or aircraft on which they are carried into the Colony with or without any landing or transhipment.

(b) "To import" means to carry or otherwise bring into the Colony or to cause to be carried or otherwise brought into the Colony and includes the conveyance of things into the Colony by transit mail or any other mail and the carriage by water or by air into the Colony of things which are in- tended to be carried out of the Colony on the same ship or aircraft on which they were carried into the Colony with or without any landing transhipment.

(c) "Person", except so far as relates to the imposition of the penalty of imprisonment, includes a body corporate and a firm.

(d) "Ship" includes every description of vessel used in navigation or for the carriage or storage of goods.

(e) "Superintendent" means the Superintendent of Im-

ports and Exports and includes any Assistant Superintendent.

Interpreta- tion.

(f) "Coca leaves' means the leaves of any plant of the 15 & 16 Geo. genus of the erythroxylaceae from which cocaine can be 5, c. 74, s. 1. extracted either directly or by chemical transformation

(9) "Indian hemp" means the dried flowering or fruiting 15 & 16 Geo. tops of the pistillate plant known as cannabis sativa from 5, c. 74, s. 1. which the resin has not been extracted, by whatever name

such tops are called.

704

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 21, 1932.

15 & 16 Geo. 5, c. 74, s. 4.

13 & 14 Geo.

5, c. 5, s. 6; 22 Geo. 5, c. 15, s. 3.

Restrictions on dealings

drugs and coca leaves.

(h) Medicinal opium" means raw opium which has undergone the processes necessary to adapt it for medicinal use in accordance with the requirements of the British Phar- mocopoeia, whether it is in the form of powder or is granulated or is in any other form, and whether it is or is not mixed with neutral substances.

(2) "Corresponding law in this Ordinance means any law stated in a certificate purporting to be issued by or on behalf of the Government of any place outside the Colony to be a law providing for the control and regulation in that place of the manufacture, sale, use, export and import of drugs in accordance with the provisions of the International Opium Convention signed at the Hague on the 23rd day of January, 1912, or of the International Opium Convention signed at Geneva on the 19th day of February, 1925, or of the Con- vention signed at Geneva on behalf of His Majesty on the 18th day of July, 1931, and any statement in any such certi- ficate as to the effect of the law mentioned in the certificate, or any statement in any such certificate that any facts con- stitute an offence against that law, shall be conclusive Any such certificate shall be admitted in evidence upon production by or on behalf of the Superintendent in any proceeding.

3.--(1) Except under and in accordance with a licence in dangerous granted under this Ordinance no person shall, whether on his own behalf or on behalf of any other person, whether such other person be in the Colony or not, buy, sell, supply, procure, or offer to supply or procure, from, to or for any other person, whether such other person be in the Colony or not, or in any way deal in or with, or offer to deal in, or pretend to deal in, or have in his possession, or import or export, or do any act preparatory to or for the purpose of importing or exporting, any drug to which this Ordinance ap- plies, whether such drug be in the Colony or elsewhere, and whether it be ascertained or appropriated or in existence or not, and whether it be intended that it should be imported into the Colony or not.

(2) Subject to the obtaining of a licence under sub- section (1) before importation, any drug to which this Ordin- ance applies which is imported by water from a place from which such drug may by the law of that place legally be exported, under a through bill of lading for any place into which such drug may by the law of that place legally be imported, may be imported into the Colony by water and may be exported to such place by water provided that the following conditions are complied with:---

(a) The ship on which the drug is imported shall upon entering the waters of the Colony proceed direct and forth- with to the harbour of Victoria and shall forthwith enter such harbour.

(b) Full particulars as to the description, weight, con- signors, consignees and destination of the drug, and as to the marks and numbers of the cases in which it is contained, shall appear in the manifest of the said ship.

(c) The presence of the drug on board the said ship shall be reported in writing to the Superintendent by the master of the ship within four hours after the arrival of the ship in the harbour of Victoria: Provided that if the office of the Superintendent is not open for the four hours immediately after the arrival of the ship in the harbour of

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 21, 1932.

Victoria the report required by this paragraph may be made to the inspector on duty at the Central Police Station.

(d) The drug shall not be :--

(i) removed from the ship on which it was imported, or

(ii) in any way moved in the Colony after removal from such ship, or

(iii) exported,

except under, and in accordance with, a removal or export licence issued by the Superintendent.

(e) The chests, boxes, cases or packages containing the drug shall be imported, and shall while in the Colony be maintained, unopened and unbroken unless they are opened or broken during and for the purposes of some search au- thorised by this Ordinance.

(f) A copy of the export authorisation, or of the diver- sion certificate if any, shall be produced to the Superintendent at least four hours before the dangerous drug is exported.

(g) The drug shall be exported with all reasonable expedition.

(h) The ship on which the drug is exported shall, on leaving the harbour of Victoria, proceed direct and forthwith out of the waters of the Colony.

(i) The exportation of the drug shall be reported in writing to the Superintendent, by the owner, charterer or agent of the ship, within 48 hours after the departure out of the waters of the Colony of the ship on which the drug was exported.

(3) No export licence shall be issued under this section until there shall have been produced to the Superintendent a certificate in the form in the Schedule or in some form which appears to the Superintendent to be equivalent, and no such export licence shall be issued until the Superintendent is satisfied that such certificate is genuine and relates to the drug sought to be exported and has not been obtained by any misrepresentation.

Schedule.

control of

4. (1) For the purpose of preventing the improper use Regulations of the drugs to which this Ordinance applies, it shall be lawful for the for the Governor in Council to make regulations for controlling manufacture. the importation, exportation, manufacture, sale, possession, and sale of movement and distribution of those drugs, and in particular, 10 & 11 Geo. but without prejudice to the generality of the foregoing power, 5, c. 46,

for-

(a) prohibiting the manufacture of any drug to which this Ordinance applies except on premises licensed for the purpose and subject to any conditions specified in the licence;

(b) prohibiting the manufacture, sale, possession, move- ment or distribution of any such drug except by persons licensed or otherwise authorised under the regulations and subject to any conditions specified in the licence or authority;

(c) regulating the issue by medical practitioners of prescriptions containing any such drug and the dispensing of any such prescriptions; and

(d) requiring persons engaged in the manufacture, sale or distribution of any such drug to keep such books and furnish such information either in writing or otherwise as may be prescribed.

cocaine, etc.

ss. 7, 11.

705

706

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 21, 1932.

Ordinance

No. 9 of

1916.

Drugs to which this Ordinance applies.

10 & 11 Gen.

5, c. 46, s. 8; 22 Geo. 5,

c. 15, s. 1.

(2) The regulations under this section shall provide for authorising any person who lawfully keeps open shop for the retailing of poisons in accordance with the provisions of the Pharmacy and Poisons Ordinance, 1916,-

(a) to manufacture at the shop in the ordinary course of his retail business any preparation, admixture, or extract of any drug to which this Ordinance applies; or

(b) to carry on at the shop the business of retailing, dispensing, or compounding any such drug.

subject to the power of the Superintendent to withdraw the authorisation in the case of a person who has been convicted of an offence against this Ordinance, and who cannot, in the opinion of the Superintendent, properly be allowed to carry on the business of manufacturing or selling or distributing, as the case may be, any such drug.

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

(4) Nothing in any regulation made under this section shall be taken to authorise the sale, or the keeping of an open shop for the retailing, dispensing, or compounding of, poisons by any person who is not qualified in that behalf under, or otherwise than in accordance with, the provisions of the Pharmacy and Poisons Ordinance, 1916, or to be in derogation of the provisions of the Pharmacy and Poisons Ordinance, 1916, for prohibiting, restricting, or regulating the sale of poisons.

5.-1) The drugs to which this Ordinance applies are:- (a) medicinal opium;

(b) any extract or tincture of Indian hemp;

(c) morphine and its salts, and diacetylmorphine (com- monly known as diamorphine or heroin) and the other esters of morphine and their respective salts;

(d) cocaine (including synthetic cocaine) and ecgorine and their respective salts, and the esters of ecgonine and their respective salts;

(e) any solution or dilution of morphine or cocaine or their salts in an nert substance whether liquid or solid, containing any proportion of morphine or cocaine, and any preparation, admixture, extract or other substance (not being such a solution or dilution as aforesaid) containing not less than one-fifth per cent, of morphine or one-tenth per cent.. of cocaine or of ecgonine;

　　　　　　　　　　　extract or other (f) any preparation, admixture, substance containing any proportion of diacetylmorphine;

(g) dihydrohydroxycodeinone, dihydrocodeinone, dihy- dromorphinone, acetyldihydrocodeinone, dihydromorphine, their esters and the salts of any of these substances and of their esters, morphine-N-oxide (commonly known

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 21, 1932.

genomorphine), the morphine-N-oxide derivatives and any other pentavalent nitrogen morphine derivatives;

(h) thebaine and its salts, and (with the exception of methylmorphine, commonly known as codeine, and ethylmor- phine, commonly known as dionin, and their respective salts) benzylmorphine and the other ethers of morphine and their respective salts;

(i) any preparation, admixture, extract or other substance containing any proportion of any of the substances mentioned in paragraph (g) or in paragraph (h) of this sub-section.

(2) For the purposes of sub-section (1) the expression "ecgonine" means laevo-ecgonine and includes any derivatives of ecgonine from which it may be recovered industrially, and the percentage in the case of morphine shall be calculated as in respect of anhydrous morphine.

(3) For the purposes of this section, percentages in the case of liquid preparations shall, unless other provision in that behalf is made by regulations under this Ordinance, be calculated on the basis that a preparation containing one per cent. of any substance means a preparation in which one gramme of the substance, if a solid, or one millilitre of the substance, if a liquid, is contained in every one hundred millilitres of the preparation, and so in proportion of any greater or less percentage.

(4) If it appears to the Governor in Council that any other derivative of morphine or cocaine or of any salts of morphine or cocaine or any other alkaloid of opium or any other drug of whatever kind is, or is likely to be, productive, if improperly used, or is capable of being converted into a substance which is, or is likely to be, productive, if improperly used, of ill effects substantially of the same character or nature, as or analogous to those produced by morphine or cocaine, he may by order declare that this Ordinance shall apply to that other derivative or alkaloid or other drug in the same manner as it applies to the drugs mentioned in sub- section (1).

6.-(1) The granting or refusal of any licence or Licences. authority under this Ordinance, and the revocation of any 10 & 11 Geo. such licence or authority, shall lie in the absolute discretion 5, c. 46, of the Superintendent, who may impose any conditions that he may think fit upon the granting of any such licence or authority.

(2) It shall be lawful for the Superintendent to charge for any such licence or authority such fee as the Governor in Council may by regulation prescribe.

s. 12.

7.- (1) It shall be lawful for any public officer authorised Arrest, by the Superintendent in that behalf-

search, inspection, seizure,

removal, and

(a) to arrest and bring before a magistrate any person whom such public officer may have reason to suspect of having detention. contravened any of the provisions of this Ordinance or of any regulation made thereunder;

(b) to search the person and property and effects of any person whom it may be lawful for such public officer to arrest: Provided that no female person shall be searched except by a female: Provided also that no person shall be searched in a public place if he objects to be so searched;

10 & Geo.

?? 5, c. 46, ss. 10, 14.

707

708

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 21, 1932.

(c) to search any place in which such public officer may have reason to suspect that there may be any thing which under paragraph (f) is liable to seizure;

(e) to search the premises of any person carrying on the business of a producer, manufacturer, seller or distributor of any drug to which this Ordinance applies, and to demand the production of, and to inspect, any books or documents relating to dealings in any such drug, and to inspect any stocks of any such drug; and

(f) to seize, remove and detain-

(i) any thing with respect to which such public officer may have reasonable grounds for suspecting that any offence against this Ordinance has been committed;

(iii) any other thing which may appear to such officer likely to be, or to contain, evidence of any such offence, transaction or dealing.

(2) Such public officer may-

(a) break open any outer or inner door of or in any such place;

(b) forcibly enter any such ship and every part thereof; (c) remove by force any personal or material obstruction to any arrest, detention, search, inspection, seizure, or removal, which he is empowered to make;

(d) detain every person found in such place until such place or ship has been searched; and

(e) detain every such ship, and every person on board such ship, and prevent every person from approaching or boarding such ship, until such ship has been searched.

(3) Any authority given by the Superintendent under this section may be given to an individual or to a class, and may be--

(a) general, so as to embrace all the powers referred to in this section, or

(b) limited, so as to embrace only a portion of those powers, or

(4) No person shall delay or obstruct any detention, arrest, search, inspection, seizure, or removal, which is authorised by this Ordinance.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 21, 1932.

provisions.

8.--(1) No person shall send by post any drug to which Postal this Ordinance applies except under a licence from the Superintendent and in accordance with the conditions of such licence.

(2) It shall be lawful for the Postmaster General to detain and open any postal article which he may suspect to contain any drug to which this Ordinance applies or anything which would be liable to seizure under section 7 (1) (J).

(3) If any postal article contains any drug to which this Ordinance applies and such drug is not covered by a licence under this Ordinance, or if any postal article contains any- thing which would be liable to seizure under section 7 (1) (ƒ), it shall be lawful for the Postmaster General to detain such postal article and all its contents, and to deal with such article and its contents as the Governor may direct.

9.--(1) Every person who is proved to have had in Presump- his possession or under his control any thing whatsoever tions. containing any drug to which this Ordinance applies, or the keys of any box, drawer or other receptacle whatsoever containing any drug to which this Ordinance applies, shall, until the contrary is proved, be deemed to have been in possession of such drug, and shall, until the contrary is proved, be deemed to have known the nature of such drug.

(2) Every person who is proved to have had in his possession or under his control or subject to his order any document of title relating to any thing whatsoever containing any drug to which this Ordinance applies, including any baggage receipt or any document or thing intended to serve the purpose of a baggage receipt, shall until the contrary is proved, be deemed to have been in possession of such drug. and shall, until the contrary is proved, he deemed to have known the nature of such drug.

(3) the presumptions provided for in this section shall not be deemed to have been rebutted by proof that the accused never had physical possession of the drug in question.

calificate.

Schedule.

10. (1) A certificate in the form of the Superintendent's Superinten- certificate set out in the Schedule. signed by the Superintendent's dent, if it purports to relate to any drug to which this Ordine ance applies, or to any substance referred to in section 16, shall in any proceeding be conclusive evidence as to the facts stated therein.

(2) Any such certificate purporting to be signed by the Superintendent shall, until the contrary is proved, be deemed to have been signed by the Superintendent.

11. (1) Every person who-

Offences, penalties and

10 & 11 Geo.

(a) acts in contravention of, or fails to comply with any procedure. provision of this Ordinance or of any regulation made there- under; or

5, c. 46, s. 13; 13 & 14 Geo.

(b) acts in contravention of, or fails to comply with, the 5. c. 5, s. 2. conditions of any licence issued or authority granted under or in pursuance of this Ordinance; or

(c) for the purpose of obtaining, whether for himself or for any other person, the issue, grant or renewal of any such licence or authority as aforesaid, makes any declaration or statement which is false in any particular, or knowingly utters, produces or makes use of any such declaration or statement or any document containing the same; or

709

710

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 21, 1932.

(d) in the Colony aids, abets, counsels or procures the commission in any place outside the Colony of any offence punishable under the provisions of any corresponding law in force in that place, or does any act preparatory to, or in furtherance of, any act (wherever to be committed) which if committed in the Colony would constitute an offence against this Ordinance.

shall be guilty of an offence against this Ordinance.

(2) Every person guilty of an offence against this Ordin- ance shall, in respect of each offence, be liable-

(a) on conviction or indictment, to a fine not exceeding ten thousand dollars, and to imprisonment for any term not exceeding ten years; or

(b) on summary conviction, to a fine not exceeding two thousand five hundred dollars and to imprisonment for any term not exceeding twelve months.

(3) Every person who attempts to commit an offence against this Ordinance, or solicits or incites another person to commit such an offence, shall, without prejudice to any other liability, be liable upon summary conviction to the same punishment and forfeiture as if he had committed an offence under this Ordinance.

(4) Where the person convicted of an offence under this Ordinance is a company, the chairman and every director and every officer concerned in the management of the company shall be guilty of the like offence unless he proves that the act or omission constituting the offence occurred without his knowledge or consent.

(5) Where the person convicted of an offence under this Ordinance is a firm, every partner in the firm and every person concerned in the management of the firm shall be guilty of the like offence unless he proves that the act or omission constituting the offence occurred without his knowl- edge or consent.

(6) Notwithstanding the provisions of any enactment which prescribes the time within which proceedings for an offence punishable upon summary conviction may be com- menced, any summary proceedings for an offence under this Ordinance, or for attempting to commit such an offence, or for soliciting or inciting another person to commit such an offence, may be commenced either within the time so pre- scribed or within six months from the date on which evidence sufficient in the opinion of the Superintendent to justify a prosecution, comes to his knowledge, whichever time is the longer, and, for the purposes of this sub-section, a certificate purporting to be signed by the Superintendent as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence thereof.

(7) For the purposes of sub-section (6), the issue of a summons or warrant shall be deemed to be the commencement of proceedings, whether such summons or warrant is executed

or not.

(8) For the purpose of removing doubts, it is hereby declared---

(a) that in any proceedings against any person under this Ordinance it is not necessary to negative by evidence any

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 21, 1932. 711

licence, authority or other matter of exception or defence, and that the burden of proving any such matter lies on the person seeking to avail himself thereof; and

(b) that, notwithstanding anything in any other enact- ment, any term of imprisonment imposed under this Ordinance on any person by a magistrate in respect of the non-payment of a fine imposed under this Ordinance may be ordered to commence at the expiration of any term of imprisonment imposed on that person for the same offence in addition to

the fine.

12. It shall be lawful for the court or a magistrate to Forfeiture. order to be forfeited to the Crown any article with respect to which any offence under this Ordinance has been committed, whether any person shall have been convicted of such offence or not, and upon the making of any such order of forfeiture the said article shall be deemed to be the property of the Crown free from all rights of any person.

not to be

13. Nothing in the Pharmacy and Poisons Ordinance, This 1916, or in any regulation made under the Pharmacy and Ordinance Poisons Ordinance, 1916, whenever made, shall have the affect affected by of relaxing or limiting in any way whatever any of the No. 9 of provisions of this Ordinance or of any regulation made there- 1916. under.

Ordinance

coca leaf.

14. (1) No person shall trade in or manufacture for the Special

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　provisions purpose of trade any products obtained from any of the phen- as to certain anthrene alkaloids of opium, or from the ecgonine alkaloids alkaloids of of the coca leaf, not being a product which was on the opium and thirteenth day of July, 1931 (the date on which the Geneva 22 Geo. 5, Convention, 1931, was signed on behalf of His Majesty), being c. 5, s. 2. used for medical or scientific purposes: Provided that if the Governor in Council is at any time satisfied as respects any such product that it is of medical or scientific value. he may by order declare that this sub-section shall cease to apply to that product.

(2) If it is inade to appear to the Governor in Council that a decision with respect to any such product as is mention- ed in sub-section (1) of this section has, in pursuance of Article 11 of the Geneva Convention, 1931, been communic- ated by the Secretary General of the League of Nations to the parties to the said Convention, the Governor in Council may, by Order either declare that the provisions of this Ordin- ance shall apply to that product in the same manner as they apply to the drugs mentioned in sub-section (1) of section 5. or apply the said provisions to that product with sach modi- fications as may be specified in the Order.

(3) The Governor in Council may by Order apply the provisions of this Ordinance, with such modifications as may be specified in the Order, to any of the following drugs, that is to say, methylmorphine (commonly known as codeine). ethylmorphine (commonly known as dionin) and their res- pective salts.

as to coca

15. The provisions of this Ordinance shall apply in the Special case of coca leaves as if for the expressions "drug to which provisions this Ordinance applies", or "drug", there were substituted leaves. the expression "coca leaves".

712

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 21, 1932.

Special provisions as to cannabis sativa

Power to

exclude certain

from the Ordinance.

16.-(1) No person shall cultivate the plant known as cannabis sativa.

(2) No person shall have in his possession any specimen or any quantity of the plant known as cannabis sativa or any portion of such plant.

(3) No person shall, whether on his own behalf or on behalf of any other person, whether such other person be in the Colony or not, buy, sell, supply, procure, or offer to supply or procure, from, to or for any other person, whether such other person be in the Colony or not, or in any way deal in or with or offer to deal in, or pretend to deal in, or import or export, or do any act preparatory to or for the purpose of importing or exporting, the plant known as cannabis sativa, or the resin obtained from the said plant or from any part of the said plant, or any preparation of which the resin forms the base, or any preparation or mixture containing the said resin, whether the goods in question be in the Colony or elsewhere, and whether they be ascertained or appropriated or in existence or not, and whether it be intended that they should be imported into the Colony or not: Provided that this sub-section shall not apply to the extracts and tinctures of Indian hemp referred to in section 5 (1).

17. If the Governor in Council thinks fit to declare that a finding with respect to any preparation containing any of preparations the drugs to which this Ordinance applies has in pursuance of Article 8 of the Geneva Convention, 1925, been com- municated by the Council of the League of Nations to the parties to the said Convention the provisions of this Ordinance shall as from such date as may be specified in the declaration cease to apply to the preparation specified therein.

15 & 16 Geo. 5, c. 74, s. 5.

Repeal of Ordinances No. 22 of 1923 and No. 4 of 1928.

Commence-

ment.

22 Cieo. 5,

18. The Dangerous Drugs Ordinance, 1923, and the Dangerous Drugs Amendment Ordinance, 1928, are repealed.

19. This Ordinance shall not come into operation until such date as the Governor shall appoint by Proclamation.

c. 15, s. 5 (3). Different dates may be so appointed for different provisions of

this Ordinance and in relation to different countries

Passed the Legislative Council of Hong Kong, this

20th day of October, 1932.

R. A. C NORTH, Deputy Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 21, 1932. 713

SCHEDULE.

IMPORT CERTIFICATE.

[s. 3 (3).]

DANGEROUS DRUGS ORDINANCE, 1932.

INTERNATIONAL OPIUM CONVENTION, 1925.

Certificate of Official Approval of Import.

I hereby certify that the Ministry or Department of

being the Ministry or Department charged with the

administration of the law relating to the dangerous drugs to which the International Opium Convention of 1925 applies, has approved

the importation by (a)

(a) Name, address and business of importer.

of (b)

from (c)

(b) Exact description and amount of drug to be imported.

of firm in exporting country from

which the drug is to be obtained.

subject to the following conditions (d)

and is satisfied that the consignment proposed to be imported is

required for legitimate purposes (a)

or solely for medicinal or scientific purposes (b)

(d) State any special conditions to be observed, e.g., not to Le imported through the post.

(a) In the case of coca leaves.

(6) In the case of the drugs which Chapter III of the Convention applies.

Signed on behalf of the Ministry or Department of

Signature

Date

Official Rank

714

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 21, 1932.

SUPERINTENDENT'S CERTIFICATE

[s. 10.]

DANGEROUS DRUGS ORDINANCE, 1932.

(Assistant) Superintendent of

Imports and Exports, hereby certify that on (date)

I received personally from (name or description of officer)

a sealed packet

case may be marked (if any special mark)

which I found to contain (quantity and nature of drug).

and that on (date)

(quantity and nature of drug)

description of officer)

the case may be)

(or as the

I personally handed the said

to (name and

in a sealed packet (or as

marked (if any special mark)............

Date

(Assistant) Superintendent of

Imports and Exports.

THE HONG KONG GOVERNMENT GAZETTE. OCTOBER 21, 1932.

715

No. 655.

Hong Kong.

Resolution made and passed by the Legislative Council on the 20th day of October, 1932, under section 39 of the Liquors Ordinance, 1931. Ordinance No. 35 of 1931

LIQUOR DUTIES.

Resolved pursuant to section 39 of the Liquors Ordinance, 1931, Ordinance No. 35 of 1931, that the Table to the Liquor Duties Resolution of the 30th June, 1932 (published by Notification No. 417 of the Gazette of the 30th June, 1932) be amended and that on and after the coming into operation, of this Resolution Part I of the Table published in the said notification be rescinded and the following Part substituted :--

Part I.

EUROPEAN TYPE LIQUOR.

On all liqueurs, and on all champagnes and other

sparkling wines

On all brandy consigned from and grown or

produced in the British Empire

On all other brandy and on gin, whisky and other

spirituous liquors

On all port, sherry and madeira...

On all other still wines...

On beer, porter, cider. perry and stout

Per gallon.

...

$10.00

3.00

6.00

4.00

3.00

0.60

On all intoxicating liquors above the strength of

18 degrees under proof, for every degree above such strength in addition to the appropriate duty as above

...

COUNCIL CHAMBER,

20th October, 1932.

R. A. C NORTH,

Deputy Clerk of Council.

0.07

716 THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 21, 1932

APPOINTMENTS, &c.

　　　　No. 656 His Excellency the Officer Administering the Government has been pleased to appoint, under section 9 (3) of the Liquors Ordinance, 1931, Ordinance No. 36 of 1931, the Honourable Mr. EDWIN RICHARD HALLIFAX, C.M.G., C.B.E., J.P., Colonial Secretary, to be Chairman of the Licensing Board for a further period of three years, with effect from 29th October, 1932.

19th October, 1932.

　　　　No. 657-His Excellency the Officer Administering the Government has been pleased to appoint Mr. STEVEN FRANCIS BALFOUR to be a Police Magistrate in addition to his other duties.

21st October, 1982.

　　　　No. 658. It is hereby notified that the Honourable Mr. EDWARD DUDLEY CORSCADEN WOLFE, C.M.G., resumed duty as Inspector General of Police and Chief Officer, Fire Brigade, on the 20th October, 1932.

21st October, 1932.

　　　　No. 659. His Excellency the Officer Administering the Government has received information from the Secretary of State for the Colonies that Mr. DONALD C. DUNHAM has been appointed Vice-Consul for the United States of America in Hong Kong.

21st October, 1932.

　　　　No. 660.-His Excellency the Officer Administering the Government has been pleased to appoint Lieutenant JOHN CROW RICHARDSON, 1st Battalion The South Wales Borderers, to be one of his Honorary Aides-de-Camp, with effect from 21st October, 1932.

21st October, 1932.

NOTICES.

LAND REGISTRY OFFICE.

　　　　No. 661. It is hereby notified for general information that a Memorial of Re-entry by the Crown on New Kowloon Inland Lot No. 1837 has been registered according to law.

21st October, 1932.

PHILIP JACKS,

Land Officer.

District Office, South.

No. 662.-It is hereby notified for general information that Memorial of Re- entry by the Crown on Lot No. 1572 in Lamma Island Demarcation District No. 3 has been registered according to law.

21st October, 1932.

B. C. K. HAWKINS, District Officer, Southern District

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 21, 1932. 717

No. 663.-Financial Statement for the month of July, 1932.

TREASURY.

REVENUE AND EXPENDITURE.

Excess of Assets over Liabilities on 30th June, 1932

Revenue from 1st to 31st July, 1932

Expenditure from 1st to 31st July, 1932

Balance

$ 12,536,895.69

2,961,588.01

$ 15,498,483.70 2,313,467.48

$ 13,185,016.22

Assets and Liabilities on the 31st July, 1932.

LIABILITIES.

ASSETS,

Deposits:

Advances:

Contractors

Deposits

and Officers

Suitors Fund

316,894.48

580,632.17

Miscellaneous Deposits

2,451,619.56

On account of Future Loan.....

Purchase of three Locomo- tives for Chinese Section, Kowloon-Canton Railway.

Miscellaneous

437,618.26

3,596,410.91

109,092.72

Postal Agencies

12,369.13

Building Loans

1,031,852.88

Suspense Account

1,298,675.34

Imprest Account

41,718.95

Exchange Adjustment

448,463.16

Subsidiary Coins.........

1,180,899.15

Trade Loan Reserve

1,072,255.44

House Service Account

14,815.17

Praya East Reclamation

134,992.65

Investments:-

Surplus Funds...

1,558,539.20

Coal Account

1,641.00

Trade Loan Outstanding

979,729.76

Unallocated Stores, (P.W.D.)................

625,395.31

Total Liabilities

6,317,542.93

Unallocated Stores, (K.C.R.)

182,736.61

Excess of Assets over Liabi-

lities

Lorry Haulage Account

13,235.64

13,185,016.22

Cash:

Treasurer

4,225,932.26

Crown Agents Joint Colonial Fund On Fixed Deposit

10,339.77 4,934,876.04

559,366.52

TOTAL.

19th October, 1932.

19,502,559.15

TOTAL.........$

19,502,559.15

*Joint Colonial Fund..

£311,000 0s. Od.

EDWIN TAYLOR,

Treasurer.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 21, 1932.

718

No. 664.

COMPARATIVE STATEMENT OF THE REVENUE AND EXPEN

Revenue from

Estimates.

1st to

Revenue for same

Actual

Revenue

Revenue to

for same

Heads of Revenue.

31st

period of

31st

period of

1932.

July,

preceding

July,

preceding

1932.

year.

1932.

year.

Duties

7,890,000

467,415.69

521,470.51

4,088,586.08

3,311,538.58

Port and Harbour Dues...

793,000

68,555.91

70,817.14

473,735.06

466,249.36

Licences

and

Internal

16,234,110

1,550,453.19 1,613,683.27 9,945,694.69 9.336.012.33

Revenue not otherwise specified

Fees of Court or Office

Payments for specific.

　　purposes, and Reim- bursements in Aid....

Post Office

2,122,100

167,353 04

180,177.07 1,422,598.71 1,272,934.95

2 340,000

152,938.65 187,974.28 1,108,481.07 1,157,948.10

Kowloon-Canton Railway...

1,100,000

97,099.81

85,450.64

744,971.63

619,255.50

Rent of Government Pro-

perty, Land and Houses...

1,407,300 196,900.53

159,814.18

870,262.65

766,720.53

Interest

150,000

69,349.56

38,157.59

248,380.07 ::. 179,039.89

Miscellaneous Receipts.....

205,000

49,209.20

40,735.74 180,455,99 176,296.31

Total (exclusive of Land

Sales)

32,241,510 2,819,275,58

2,898,280.42 19,083,165.95 17,285,995.55

Land Sales (Premia on New

Leases)

1,750,000

142,312.43

357,490.77 792,362.00 1,782,161.89

TOTAL.......$ 33,991,510 2,961,588.01

3,255,771.19 | 19,875,527.95 19,068,157.44

19th October, 1932.

禽

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 21, 1932. 719

DITURE FOR THE PERIOD ENDED 31st JULY, 1932.

Estimates,

Heads of Expenditure.

1932.

Expenditure from 1st to 31st July, 1932.

Expenditure

for same period of preceding year.

TREASURY.

Actual Expenditure

to 31st July, 1932.

Expenditure for same period of preceding

year.

H. E. the Governor

209.720

16.227.36

13,607.50

89,708.75

100,682.15

Cadet Service

755,821

47,765.94

51,511.44

323,784.49

386,226.16

Senior Clerical and Ac-

counting Staff

409,634

30,395.86

38,775.14

174,947.29

216,485.52

Junior Clerical Service

973,480

78,303.97

71,892.32

546,958.98

510,538.46

Colonial Secretary's Office

and Legislature

78,946

5,208.49

5,522.33

36,340.35

42,826.19

Secretariat

for Chinese

Affairs

27,938

2,417.55

1,494.91

16,926.01

10,789.70

Treasury

115,580

5,566.10

3,515.44

63,398.12

44,273.99

Audit Department

97,054

4,488.63

5,922.59

36,287.16

48,913.18

District Office, North

26,867

1,752.22

2,157.62

12,2×7.52

12,792.01

Do., South

13,644

878 02

746.59

6,420.25

6,422.65

Communications :-

(a) Post Office

448,592

32,406.36

38,835.25

296,079.15

230,789.68

(b) Do. Wireless

Telegraph Service.

156,604

12,885.54

12,922.03

86,691.76

82,953.87

Imports

and Exports

Office

802,437

21,353.18

22,849.38

343,697.12

589,670.33

Harbour Department

1,298,865

103,963,90

62,047.46

572,281.37 524,224.78

Do.

Air

Service

52.807

995.08

Royal Observatory

88,160

5,251.43

972.22 5,727.10

6,646.94

21,940.54

40.882.89

43,073.85

Fire Brigade..

363,965

18,109.72

22,689.15

149,831.32

205,739.13

Supreme Court

209,300

13.227.81

17,339.54

92,503.81

119,071.01

Attorney General

50,190

2,847.93

4.282.93

25,049.74

29,519.44

Crown Solicitor's Office

70,668

8,254.83

4,664.84

33,914.81

31,307.17

Official Receiver

24,641

1,641.22

1,707.45

10,967.94

12,788.93

Land Office

48,604

3,209.30

3,773.62

21,661.85

22,728.89

Magistracy, Hong Kong...

2.274

106 70

128.44

976.10

1,070.36

Do., Kowloon

2,117

162 47

156.81

887.66

1,066.57

Police Force ..

3,075,359

218,829 11

229,575.44

1,531,807.94

1,706,290.17

Prisons Department.

942,910

76,176.21

85.621.01

455,623.91

45,886.02

Medical Department

1,623,764

101,885.56

102,873.51

741,396.35

788,066,44

Sanitary Department

1,033,504

67,985.62

83,230.74

479,856.85

494,435.52

Botanical and Forestry

Department

129,070

8,664.34

11,051.00

64,797.19

65,839.03

Education Department

2,046,096

118,527.07

137,495.98

1,062,864.04

1,064,354.96

Kowloon-Canton Railway..

959,025

67.723.78

80,466.98

519,822.37

490,280.57

Defence:

(a) Volunteer Defence

Corps

132,949

6,527.67

5,019.19

54,728.39

54,914.54

(b) Military

Contribu-

tion

6,366,567

Miscellaneous Services

Charitable Services

1,452,481 175,762

487,032.08 68,161.77 6,701.22

388,128.25 289,423.34 21,973.86

4,134,079.03

2,991,957.11

993,3.54.94

1,135,057.53

36,725.06

51,946.96

Charge on

Account of

Public Debt

1,973,307

679,435.13

817,869.17

Pensions

1,708,000

131,602.76

163,879.40

818,078.79

944,547.80

Public Works Department.

2,335,114

Do., Recurrent.

1,521,800

161,909.71 117,749 51

239,044.85 156, 21.50

1,270,407.61

1,385,099.55

851,800.36

672,039.02

31,808,116

Do., Extraordinary.

2,173,545

2,063,209 05 250 258.43

2,390,850.21 548,537.58

16,683,979.40 | 16,415,478.95

854,161.80 1,132,959.95

33,981,661

2,313,467.48

2,939,387.79

17,538,141.20

17,548,438.90

Expenditure from Surplus

balances

1,000,000

500,000.00

TOTAL.... $ 34,981,661 2313,467.48

2,939,387.79 18,038,141.20 17,548,438.90

EDWIN TAYLOR,

Treasurer.

720 THE HONG kong governMENT GAZETTE, OCTOBER 21, 1932.

KONG

　　　　No. 665-WHEREAS regulation 16 of the regulations relating to all buildings in which a permanent stage is provided, made by the Governor in Council under section 6 (1) of the Places of Public Entertainment Regulation Ordinance, 1919, Ordinance No. 22 of 1919, and published as Government Notification No. 444 in the Gazette of the 17th July, 1931, is as follows:--

16. Subject as hereinafter provided these regulations shall apply to all build- ings as aforesaid, whether already erected or hereafter to be erected: Provided that it shall be lawful for the Building Authority, after consul- tation with the Chief Officer of the Fire Brigade, to exempt any building for such period or periods as he may think fit, from all or any of these regulations: Any such exemption may be subject to such conditions as the Building Authority may see fit to impose: Provided further that, as regards all buildings erected before the 31st day of December, 1931, exemption shall be deemed to have been granted as aforesaid until the expiration of not less than six months' notice in writing, signed by the Building Authority, posted on the building and published in the Gazette, that such building is not exempt from the said provisions or such of them as may be specified in the notice.

AND WHEREAS after consultation with the Chief Officer of the Fire Brigade, it is considered expedient to determine the exemption deemed to be granted as appears in the final proviso to the said regulation 16 in respect of the buildings hereinafter specified :

NOW, therefore, I the Building Authority, pursuant to the said regulation give notice that after the expiration of six months from the date of the posting and publica- tion of this notice the following buildings shall not and will not be exempt from any of the provisions of the said regulations :-

Ko Shing Theatre..

Lee Theatre

Po Hing Theatre

Kau U Fong Theatre

Queen's Road, Hong Kong. Percival Street, Wanchai. .Nathan Road, Kowloon.

Central Theatre

Queen's Theatre

Majestic Theatre

Star Theatre

Gough Street, Hong Kong. Queen's Road, Hong Kong.

Queen's Road, Hong Kong.

Nathan Road, Kowloon.

.Peking Road, Kowloon.

Theatre at junction of Pei Ho Street and Om Yau Street, Kowloon.

21st October, 1932.

R. M. HENDERSON,

Building Authority.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 21, 1932. 721

THE CROWN LANDS RESUMPTION ORDINANCE, 1900.

No. 666.-It is hereby notified, pursuant to section 16 (2) of the Crown Lands Resumption Ordinance, 1900, that awards have been made in respect of the resumption of the undermentioned lots in Survey District I of the New Territories as follows:-

Lot No. 436 Section A

Lots Nos. 437 Section A and 7240

Lot No. 437 Sections B and C

Lot No. 437 R.P.

25.13

1,463.85

2,409.73

1,468.13

Lot No. 495 R.P.

1,920.20

Lots Nos. 505, 506 and 508

414.60

Lot No. 507

133.40

Lots Nos. 509, 510, 511, 515, 516, 517 and 519...

646.56

Lot No. 518

66.68

Lot No. 7239

1,119.28

760.56

Lot No. 7241

and that the District Officer, South, a Government Officer, is hereby appointed to pay the compensation so awarded together with interest thereon as prescribed by the said Ordinance, at his office, and during Government office hours between 11 o'clock in the forenoon and 4 o'clock in the afternoon of Thursday, the 3rd day of November, 1932. If no claim be made for the compensation monies at the place, and within the time appointed, the officer appointed as above will cause the monies unclaimed to be paid into the Treasury, and the provisions of section 16 (5) and (6) of the said Ordinance as to claims within five years, or transfer, thereafter, to the general revenue of the Colony, as the case may be, will apply to the said monies.

21st October, 1932.

R. M. HENDERSON,

Director of Public Works.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　No. 667.It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1999:-

Number of Marks.

Date of Registration.

Name and Address of Owner.

Period of Renewal.

Class in which renewed.

File Νο.

Nos. 14 to 19 of 1919.

21st October, 1918.

Holland China Trading Company 21st October.

of No. 16, Des Voeux Road Central, Hong Kong.

1946.

250 of 1932.

20th October, 1932.

E. L. AGASSIZ, Registrar of Trade Marks.

722 THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 21, 1932.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　　No. 668.--It is hereby notified that the registration of the following trade marks has expired and that they will be removed from the Register of Trade Marks on the 21st November, 1932, unless the prescribed fees for renewal of registration are paid before that date:

Number of Trade Marks.

Names and Addresses of Proprietors.

Date of Expiration of Registration.

File

Nos.

No. 95 of 1904.

Nos. 89 and 90 of 1904.

Ansonia Clock Company, 23, Fore Street, London, E C. and 99, John Street, New York, United States of America.

British American Tobacco Company, Limited, Westminster House, 7. Millbank, London, S. W. England.

20th October, 1932.

15th October, 1932.

249 of 1932.

248 of 1932.

E. L. AGASSIZ, Registrar of Trade Marks.

724⠀⠀⠀ THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

EXECUTIVE COUNCIL.

No. 669.

His Excellency the Governor in Council has been pleased to direct under section 7 of the Public Health and Buildings Ordinance, 1903, Ordinance No. 1 of 1903, that the name of Mr. GEORGE WILLIS GREY be added to the List of Authorized Architects published in Government Notification No. 740 of the 27th November, 1931.

D. W. TRATMAN,

COUNCIL CHAMBER,

18th October, 1932.

No. 670.

Clerk of Councils.

Hong Kong.

ORDINANCE No. 34 of 1910.

(NEW TERRITORIES REGULATION).

In exercise of the powers conferred by section 6 of the New Territories Regulation Ordinance, 1910, and of all other powers in that behalf enabling, the Governor in Council rescinds rule 9 of the rules set forth under the heading "Kerosene oil licences in the New Territories (except New Kowloon)" on pages 420 to 423 of the Regulations of Hong Kong, 1844-1925, and substitutes the following rule therefor

9.-(1) The fees payable for any licence to store kerosene oil and to sell the same granted under these rules shall be as follows:

(a) Where the quantity does not exceed 40

gallons

$5.00

(b) Where the quantity does not exceed

500 gallons

$5.00

$10.00

but does not exceed 1,000 gallons (d) Where the quantity exceeds 1,000 gallons but does not exceed 2,000 gallons

(e) Where the quantity exceeds 2,000 gallons but does not exceed 4,000 gallons

$20.00

$40.00

... $100.00

(f) Where the quantity exceeds 4,000

gallons

The said fees shall be payable for the year, or part of the year, ending on the 17th day of April during which such licence is in force.

(2) The fee payable for any other licence granted under these rules for the storage of any inflammable liquid or of any of the dangerous goods referred to. in the said Part VIII shall be the same as that payable under the provisions of the re- gulations for the time being in force under section 5 of the Dangerous Goods Ordinance, 1873, for a licence of like char- acter for storage of such inflammable liquid or dangerous goods.

COUNCIL CHAMBER,

D. W. TRATMAN,

Clerk of Councils.

21st October, 1932.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932. 725

No. 671.

Hong Kong.

ORDINANCE No. 1 of 1873. (DANGEROUS GOODS).

In exercise of the powers conferred by section 5 of the Dangerous Goods Ordinance, 1873, the Governor in Council rescinds the regulations made under the aforesaid Ordinance and published as Government Notification No. 555 in the Gazette of the 4th September, 1931, and substitutes the following regulation therefor :-

1. A separate licence shall be obtained and issued for and in respect of each and every place used for the storage of petrol or other light oil or spirit intended for use as fuel for vehicles driven by means of internal combustion engines where such place is equipped with any pump or other mechanical means of transferring such petrol or other light oil or spirit from the storage tanks or receptacles to vehicles.

2. The fees to be charged and paid for licences to store dangerous goods, which licences will expire on the 31st day of March next after the date of the issue thereof, shall be as follows.-

(1) For regulation

every licence issued under the preceding

(a) where the storage capacity of the tanks or receptacles does not exceed 500 gallons

$10

(b) where the storage capacity of the tanks or receptacles exceeds 500 gallons but does not exceed 1,000 gallons

$15

$20

(d) where the storage capacity of the tanks

or receptacles exceeds 2,000 gallons but does not exceed 4,000 gallons

$40

(e) where the storage capacity of the tanks or receptacles exceeds 4,000 gallons

$100

(2) For every licence (other than a licence under the preceding regulation) to store inflammable liquids, whether packed or in bulk:-

(a) where the permitted quantity does not

exceed 500 gallons

$10

(b) where the permitted quantity exceeds. 500 gallons but does not exceed 1,000 gallons

$15

$20

(d) where the permitted quantity exceeds 2,000 gallons, but does not exceed 4,000 gallons

$40

726

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

า

(e) where the permitted quantity exceeds

4.000 gallons

(3) For every other licence to store dangerous

goods

COUNCIL CHAMBER,

21st October, 1932.

No. 672.

D. W. TRATMAN,

Clerk of Councils.

$100

$10

Hong Kong.

ORDINANCE No. 1 of 1903. (PUBLIC HEALTH AND BUILDINGS).

Whereas by Notification No. 405 published in the Gazette of the 24th June, 1932, the Governor in Council declared that an occasion existed, in those districts of the Colony to which Part II of the Public Health and Buildings Ordinance, 1903, applies, which, for the prevention of cholera, necessitated the coming into force of By-laws Nos. 9 (b) and 9 (c) of the By-laws for the prevention and mitigation of epidemic, endemic, contagious or infectious disease made under the above-mentioned Ordinance :

And Whereas by Notification No. 532 published in the Gazette of the 19th August, 1932, the Governor in Council declared that an occasion existed, in the aforesaid districts, which, for the prevention of cholera, necessitated the coming into force of By-laws Nos. 9 (d) and 9 (e) of the said By-laws :

Now the Governor in Council doth hereby order that as from the date of the publication hereof the above-mentioned declarations shall cease to subsist.

COUNCIL CHAMBER,

24th October, 1932.

D. W. TRATMAN,

Clerk of Councils.

}

Notice.

The effect of the above mentioned order is that the said By-laws, which affected the sale of cut fruit, ice cream, non-aerated drinks prepared from fruit juice and herbs and the jellies known as Leung Fan and Man Tau Lo, are in abeyance.

726

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

า

(e) where the permitted quantity exceeds

4.000 gallons

(3) For every other licence to store dangerous

goods

COUNCIL CHAMBER,

21st October, 1932.

No. 672.

D. W. TRATMAN,

Clerk of Councils.

$100

$10

Hong Kong.

ORDINANCE No. 1 of 1903. (PUBLIC HEALTH AND BUILDINGS).

Now the Governor in Council doth hereby order that as from the date of the publication hereof the above-mentioned declarations shall cease to subsist.

COUNCIL CHAMBER,

24th October, 1932.

D. W. TRATMAN,

Clerk of Councils.

}

Notice.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932. 727

No. 673.

Hong Kong.

ORDINANCE No. 5 of 1922. (EMERGENCY REGULATIONS).

In exercise of the powers conferred by section 2 of the Emergency Regulations Ordinance, 1922, the Governor in Council hereby orders that the regulations made under the said Ordinance and published as Notification No. 449 in the Gazette of the 8th July, 1932, he repealed and the same are hereby repealed.

D. W. TRATMAN,

Clerk of Councils.

COUNCIL CHAMBER,

24th October, 1932.

Notice.

The above mentioned order repeals the regulations for the prevention and mitigation of cholera which affected the sale by hawkers of cut fruit, ice cream, non-aerated drinks prepared from fruit juice and herbs and the jellies known as Leung Fan and Man Tau Lo.

No. 674.

Hong Kong.

ORDINANCE No. 16 of 1903. (WATERWORKS).

In exercise of the powers conferred by section 23 of the Waterworks Ordinance, 1903, as amended by the Water- works Amendment Ordinance, 1929, Ordinance No. 12 of 1929, the Governor in Council rescinds regulation 7 of the regulations made under the aforesaid Ordinance set forth on pages 306 to 322 of the Regulations of Hong Kong, 1844-1925, and substitutes the following regulation therefor :--

7.-(1) In these regulations references to a quarter in connexion with water supplied by meter shall be construed as references to the period between two consecutive readings of the meter in question taken for the purpose of calculating the consumption in order to determine the amount (if any) payable for excess consumption whether or not such period shall be determined by relation to any of the usual quarter-days.

(2) In the case of a meter fixed during a quarter the first reading for the purpose of calculating consumption shall be the first reading of the meter and in the case of a meter removed during a quarter or the stopping of a supply during and until the end of a quarter the last reading for the purpose of calculating consumption shall be the last reading of the meter taken before such removal or stopping of supply.

(3) It shall be lawful for the Water Authority, if he shall so think fit, to determine the quarterly consumption of water supplied by any meter or by all the meters in any district or districts by relation to the first days of any months other than the usual quarter-days.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932. 727

No. 673.

Hong Kong.

ORDINANCE No. 5 of 1922. (EMERGENCY REGULATIONS).

D. W. TRATMAN,

Clerk of Councils.

COUNCIL CHAMBER,

24th October, 1932.

Notice.

No. 674.

Hong Kong.

ORDINANCE No. 16 of 1903. (WATERWORKS).

728

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

In any such case the excess consumption (if any) for any period between the last quarterly period calculated by relation to one of the usual quarter-days and the first quarterly period calculated by relation to the first day of any other month shall be determined by deducting from the amount of water ascertained by meter readings as having been used during such first-mentioned period a duly proportionate part of the quarterly amount prescribed by section 2 (a) (ii) of the Waterworks Ordinance, 1903.

(4) Save as aforesaid the first reading for the purpose of calculating quarterly consumption shall be a reading taken not more than ten days before or after the first day of any month and the last reading shall be a reading taken not more than ten days before or after the first day of the third month thereafter.

(5) The reading used as the last reading of any quarterly period shall be used as the first reading of the ensuing quarterly period.

(6) If and whenever there shall be a change in the annual rateable value of a tenement during any quarterly period the quarterly amount to be taken into calculation for the purpose of ascertaining the excess consumption in accordance with section 2 (a) (ii) of the Waterworks Ordinance, 1903, shall be ascertained and determined proportionately to the different assessments and the respective periods of each of them.

(7) If two or more meters have been in use during any quarterly period, then the quarterly consumption shall be the sum of the quantities indicated by the meters.

D. W. TRATMAN,

Clerk of Councils.

COUNCIL CHAMBER,

24th October, 1392.

Notice.

The rescinded regulation required readings to be taken not more than ten days before or after the calendar date of the termination of each quarter. This resulted in great pressure of work around each quarter-day in the office of the Water, Authority and the Treasury and in delay and inconvenience to members of public making payment of their

accounts.

Under the substituted regulation the work of preparation of accounts can be distributed over the whole quarter and it is contemplated that the "quarter-days" for water accounts for the various districts should in future be as under :-

Victoria .........1st March, 1st June, 1st September, 1st

December.

Kowloon and New Kowloon (Urban portions)

January, 1st April, 1st July, 1st October.

.... 1st

Peak, High Levels and districts other than the above-

mentioned

1st November.

1st February, 1st May, 1st August,

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

729

No. 675.

Hong Kong.

ORDINANCE No. 4 of 1890.

(MERCHANDISE MARKS).

In exercise of the powers conferred by section 14 of the Merchandise Marks Ordinance. 1890, the Governor in Council. makes the following amendments of the regulations made under the said Ordinance set forth on pages 146 to 151 of the Regulations of Hong Kong, 1841-1925:----

Amendments.

(1) In the seventh and eigth lines of regulation 1 the words "for the purpose of being landed or transhipped in the Colony' are deleted.

(2) The following paragraph is substituted for paragraph (1) of regulation 1--

(1) He shall give to the Superintendent notice in writing stating---

(a) the number of packages of such goods, as far as

he is able to state the same;

(b) the description of the goods by marks or other particulars sufficient for their identification ;

(d) the name or other sufficient indication of the ship or wharf or other place wherein the goods are suspected to be;

(e) the manner in which the goods infringe the Ordi-

nance; and

(f) if the goods are not already within the Colony.

the date of the expected arrival of the goods.

(3) Regulation 4 is rescinded and the following regulation substituted therefor :--

4. The notice and bond required may be in the respective forms contained in the Schedule to these regulations or such other forms as the Superintendent may, having regard to the means and time of importation of the goods or the place wherein the same are, require.

COUNCIL CHAMBER.

24th October, 1932.

D. W. TRATMAN,

Clerk of Councils.

730

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

No. 676.

Hong Kong.

ORDINANCE No. 10 of 1902. (TRAMWAY).

In exercise of the powers conferred by section 36 of the Tramway Ordinance, 1902, the Governor in Council rescinds Appendix A and Appendix B to the rules made by the Governor in Council under the aforesaid Ordinance set forth on pages 288 to 290 of the Regulations of Hong Kong, 1844-1925, and substitutes the following appendices therefor :--

| Rule 2.

Appendix A.

Kennedy Town Terminus (Catchick Street).

Junction of Catchick Street and Smithfield.

Junction of Kennedy Town Praya and Sand Street.

Junction of Kennedy Town Praya and Holland Street.

Junction of Kennedy Town Praya and Queen's Road West. Junction of Des Voeux Road West and Connaught Road. Des Voeux Road West, at "Tai Ping Theatre". Junction of Des Voeux Road West and Water Street. Junction of Des Voeux Road West and Western Street. Junction of Des Voeux Road West and Eastern Street. Junction of Des Voeux Road West and Sutherland Street. Junction of Des Voeux Road West and Wing Lok Street. Junction of Connaught Road and Morrison Street.

Junction of Des Voeux Road Central and Morrison Street

(west-bound car).

Junction of Des Voeux Road Central and Cleverly Street

(east-bound car).

Junction of Des Voeux Road Central and Rumsey Street, at

Harbour Office.

Junction of Des Voeux Road Central and Wing Wo Street. Junction of Des Voeux Road Central and Queen Victoria Street. Junction of Des Voeux Road Central and Pedder Street, at

Post Office.

Junction of Des Voeux Road Central and Ice House Street. Junction of Queen's Road East and Garden Road. Junction of Queen's Road East and Arsenal Street. Junction of Johnston Road and Gresson Street. Junction of Johnston Road and Tai Yuen Street. Junction of Johnston Road and Wanchai Road. Junction of Johnston Road and Hennessy Road. Junction of Hennessy Road and Tin Lok Lane.

Junction of Hennessy Road and Bowrington Canal Road. Junction of Hennessy Road and Fercival Street.

Junction of Hennessy Road and Jardine's Bazaar.

Junction of Yee Wo Street and Caroline Road (Causeway Bay).

Junction of Shaukiwan Road and Lau Sin Street.

Junction of Shaukiwan Road and Watson Road.

Shaukiwan Road, at Ming Yuen.

Shaukiwan Road, at Quarry Bay Village.

Shaukiwan Road, at Taikoo Dockyard East Entrance.

Shaukiwan Raod, at Sai Wan Ho Market.

Shaukiwan Road, at Soy Factory.

Junction of Shaukiwan Road and Island Road.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932. 731

Shaukiwan Road, at Tram Pole No. 420.

Shaukiwan Terminus.

Junction of Canal Road East and Leighton Hill Road.

Junction of Leighton Hill Road and Wong Nei Chong Road. Junction of Wong Nei Chong Road and Broadwood Road.

Man Chung Terrace.

Junction of Morrison Hill Road and Gap Road.

Junction of Morrison Hill Road and Leighton Hill Road.

and at any point on the tram line crossed by another authorised line.

Rule 4.]

Appendix B.

Junction of Cadogan Street and Belcher's Street.

Queen's Road East, at Main Entrance H. M. Dockyard.

Queen's Road East, at Wellington Barracks.

Junction of Johnston Road and Anton Street (west-bound cars).. West-side of junction of Johnston Road and Hennessy Road

(east-bound cars).

Junction of Yee Wo Street and Pennington Street.

Junction of Shaukiwan Road and Tsing Fung Street. Junction of Shaukiwan Road and Fuk Yuen Street. Shaukiwan Road, at North Point Generating Station. Shaukiwan Road, at Tram Pole No. 284. Shaukiwan Road, at Tram Pole No. 299. Shaukiwan Road, at Bathing Pavilions. Shaukiwan Road, at Quarry Bay Terrace. Shaukiwan Road, at Taikoo Sugar Refinery. Shaukiwon Road, at Quarry Bay School.

Shaukiwan Road, at Taikoo Club.

Shaukiwan Road, at Taikoo Dockyard West Entrance.

Shaukiwan Road, at Saiwan Terrace.

Shaukiwan Road, at Tram Pole No. 392.

Shaukiwan Road, at Hong Kong Electric Sub.-Station. Shaukiwan Road, at Tram Pole No. 420.

Junction of Hennessy Road and Canal Road East. Junction of Canal Road East and Russell Street. Wong Nei Chong Road, at Government Quarters. Wong Nei Chong Road, at Tram Pole No. 647. Junction of Wong Nei Chong Road and Village Road. Wong Nei Chong Road, at Race Course Enclosure. Wong Nei Chong Road, at Roman Catholic Cemetery.

D. W. TRATMAN,

Clerk of Councils.

COUNCIL CHAMBER,

27th October, 1932.

Note Appendix A contains a list of the places at which all cars

must be brought to a standstill.

Appendix B contains a list of the places at which a car must be stopped when required by any passenger desiring to leave it or by any person desiring to travel by it for whom there is room and to whose admission no valid objection can be made.

732

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

No. 677.

It is hereby notified that His Excellency the Governor in Council has given directions for the rescission of the Order of the 7th July, 1932, published in the Gazette of the 8th July, 1932, as Government Notification No. 448, declaring Amoy to be a place at which an infectious or contagious disease, namely, cholera, prevailed, and the same is hereby rescinded.

COUNCIL CHAMBER,

26th October, 1932.

D. W. TRATMAN.,

Clerk of Councils.

No. 678.

It is hereby notified that His Excellency the Governor in Council has given directions for the rescission of the Order of the 2nd September, 1932, published in the Gazette of the 9th September, 1932, as Government Notification No. 570, declaring Foochow to be a place at which an infectious or contagious disease, namely, cholera, prevailed, and the same is hereby rescinded.

D. W. TRATMAN,

Clerk of Councils.

COUNCIL CHAMBER,

28th October, 1932.

LEGISLATIVE COUNCIL.

No. 679.

LEGISLATIVE COUNCIL.

No. 15.

Thursday, 20th October, 1932, at 2.30 p.m.

PRESENT:

HIS EXCELLENCY THE OFFICER ADMINISTERING THE GOVERNMENT (Hon. Mr. WILFRID THOMAS SOUTHORN, C.M.G.).

His Excellency the General Officer Commanding the Troops, (Major-General JAMES

WALTER SANDILANDS, C.B., C.M.G., D.S.O.).

The Honourable the Colonial Secretary, (Mr. EDWIN RICHARD HALLIFAX, C.M.G., C.B.E.). the Attorney General, (Mr. CHALONER GRENVILLE ALABASTER, K.C.,

O.B.E.).

the Secretary for Chinese Affairs, (Mr. ALAN EUSTACE WOOD).

the Colonial Treasurer, (Mr. EDWIN TAYLOR).

Mr. EDWARD DUDLEY CORSCADEN WOLFE, C.M.G., (Inspector General

of Police).

732

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

No. 677.

COUNCIL CHAMBER,

26th October, 1932.

D. W. TRATMAN.,

Clerk of Councils.

No. 678.

D. W. TRATMAN,

Clerk of Councils.

COUNCIL CHAMBER,

28th October, 1932.

LEGISLATIVE COUNCIL.

No. 679.

LEGISLATIVE COUNCIL.

No. 15.

Thursday, 20th October, 1932, at 2.30 p.m.

PRESENT:

HIS EXCELLENCY THE OFFICER ADMINISTERING THE GOVERNMENT (Hon. Mr. WILFRID THOMAS SOUTHORN, C.M.G.).

His Excellency the General Officer Commanding the Troops, (Major-General JAMES

WALTER SANDILANDS, C.B., C.M.G., D.S.O.).

The Honourable the Colonial Secretary, (Mr. EDWIN RICHARD HALLIFAX, C.M.G., C.B.E.). the Attorney General, (Mr. CHALONER GRENVILLE ALABASTER, K.C.,

O.B.E.).

the Secretary for Chinese Affairs, (Mr. ALAN EUSTACE WOOD).

the Colonial Treasurer, (Mr. EDWIN TAYLOR).

Mr. EDWARD DUDLEY CORSCADEN WOLFE, C.M.G., (Inspector General

of Police).

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932. 733

The Honourable Commander GEORGE FRANCIS HOLE, R.N. (Retired), (Harbour Master). Dr. ARTHUR ROBARTES WELLINGTON, (Director of Medical and Sanitary

Services).

Mr. RICHARD MCNEIL HENDERSON, (Acting Director of Public Works). Sir HENRY EDWARD POLLOCK, Kt., K.C.

Mr. WILLIAM EDWARD LEONARD SHENTON.

Mr. ROBERT HORMUS KOTEWALL, C.M.G., LL.D.

Mr. José PEDRO BRAGA.

Mr. Ts'o SEEN-WAN, O.B.E., LL.D.

Mr. CHAU TSUN-NIN.

Mr. WILLIAM HENRY BELL.

Mr. ROLAND ARTHUR CHARLES NORTH, (Deputy Clerk of Councils).

ABSENT:

The Honourable Mr. JOHN JOHNSTONE PATERSON.

1. The Council met pursuant to adjournment. His Excellency the Officer Adminis-

tering the Government occupied the Chair.

MINUTES.

2. The Minutes of the Meeting held on the 6th October, 1932, were confirmed.

PAPERS.

3. The following papers were laid on the table :-

Rescission of the Order made by the Governor in Council under the Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, dated 5th October,

1932.

Order made by His Excellency the Officer Administering the Government under section 2 of the Public Revenue Protection Ordinance, 1927, Ordinance No. 9 of 1927, dated 13th October, 1932.

Order made by the Governor in Council under section 5 of the Ferries Ordin-

ance, 1920, Ordinance No. 28 of 1917, dated 6th October, 1932.

Declaration under section 5 (4) of the Dangerous Drugs Ordinance, 1923,

Ordinance No. 22 of 1923, dated 8th October, 1932.

Amendments of the Regulations made by the Governor in Council under section 4 of the Dangerous Drugs Ordinance, 1923, Ordinance No. 22 of 1923, dated 8th October, 1932.

Rescission of the Order made by the Governor in Council under the Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, dated 12th October,

1932.

MOTIONS.

4. The Colonial Treasurer moved the following resolution :-

734

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

Part I.

EUROPEAN TYPE LIQUOR.

Per gallon.

On all liqueurs, and on all champagnes and other sparkling

wines

$ 10.00

On all brandy consigued from and grown or produced in the

British Empire

3.00

On all other brandy and on gin, whisky and other spirituous

liquors...

6.00

On all port, sherry and madeira

On all other still wines

4.00

3.00

On beer, porter, cider, perry and stout

0.60

On all intoxicating liquors above the strength of 18 degrees under proof, for every degree above such strength in addition to the appropriate duty as above

0.07

The Colonial Secretary seconded.

Question-put and agreed to.

5. Empire Preference Bill.--The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to secure an increased trade between the Colony and other parts of the British Empire." The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

6. Supreme Court (Admiralty Procedure) Amendment Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to amend the Supreme Court (Admiralty Procedure) Ordinance, 1896."

The Colonial Secretary seconded.

Question--put and agreed to.

Bill read a first time.

7. Marriage Amendment Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to amend the Marriage Ordinance, 1875."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

8. Divorce Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to confer on the Supreme Court Jurisdiction in Divorce and Matrimonial causes."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

9. Waterworks Amendment Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to amend the Waterworks Ordinance, 1903."

The Colonial Secretary seconded.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932. 735

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

10. Dangerous Drugs Bill.--The Attorney General moved the Second reading of the Bill intituled "An Ordinance to amend and consolidate the law relating to dangerous drugs."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

ADJOURNMENT.

11. The Council then adjourned until Thursday, the 27th day of October, 1932, at

2.30 p.m.

Confirmed this 27th day of October, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

W. T. SOUTHORN, Officer Administering the Government.

　　　No. 680.-His Excellency the Officer Administering the Government has given his assent, in the name and on behalf of His Majesty the KING, to the following Ordi- nances passed by the Legislative Council:-

Ordinance No. 32 of 1932.-An Ordinance to secure an increased trade between the Colony and other parts of the British Empire. Ordinance No. 33 of 1932.-An Ordinance to amend the Supreme Court

　　　　　　　　　　(Admiralty Procedure) Ordinance, 1869. Ordinance No. 34 of 1932.-An Ordinance to amend the Marriage Ordinance,

1875.

Ordinance No. 35 of 1932.- An Ordinance to confer on the Supreme Court

Jurisdiction in Divorce and Matrimonial causes.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932. 735

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

10. Dangerous Drugs Bill.--The Attorney General moved the Second reading of the Bill intituled "An Ordinance to amend and consolidate the law relating to dangerous drugs."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

ADJOURNMENT.

11. The Council then adjourned until Thursday, the 27th day of October, 1932, at

2.30 p.m.

Confirmed this 27th day of October, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

W. T. SOUTHORN, Officer Administering the Government.

Ordinance No. 32 of 1932.-An Ordinance to secure an increased trade between the Colony and other parts of the British Empire. Ordinance No. 33 of 1932.-An Ordinance to amend the Supreme Court

　　　　　　　　　　(Admiralty Procedure) Ordinance, 1869. Ordinance No. 34 of 1932.-An Ordinance to amend the Marriage Ordinance,

1875.

Ordinance No. 35 of 1932.- An Ordinance to confer on the Supreme Court

Jurisdiction in Divorce and Matrimonial causes.

736

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

HONG KONG.

No. 32 OF 1932.

I assent.

W. T. SOUTHorn,

L.S.

Officer Administering the Government.

28th October, 1932.

Short title.

Inter- pretation.

Special licence fee for motor vehicles which are not Empire products.

Regulations.

An Ordinance to secure an increased trade between the Colony

and other parts of the British Empire.

[28th October, 1932.]

BE it enacted by the Governor of Hong Kong with the advice and consent of the Legislative Council thereof as follows:-

1. This Ordinance may be cited as the Empire Preference Ordinance, 1932.

2. In this Ordinance:

"The British Empire" includes the United Kingdom, the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, the Union of South Africa, the Irish Free State, Newfoundland, India, all British Colonies and all territories under His Majesty's protection. It shall also include, if for the purposes of this Ordinance the Governor in Council by Order so directs, any territory in respect of which a mandate of the League of Nations is exercised by the Government of any part of His Majesty's dominions.

"Empire product', in the case of motor vehicle means a vehicle which is substantially manufactured within the British Empire.

"Motor Vehicle" includes motor car, motor lorry, motor omnibus, motor truck, motor bicycle and motor tricycle.

(2) No vehicle shall be deemed to be substantially manu- factured within the British Empire unless, in the opinion of the Inspector General of Police, at least one quarter, or such other proportion as the Governor in Council may fix by Order, of its value is the result of labour within the British Empire

(2) Such special licence fee shall be in addition to the ordinary licence fee payable under any Ordinance or regula- tions relating to the licensing of vehicles.

4. The Governor in Council shall have power to make such regulations as he thinks fit for the carrying out of this Ordinance.

Passed the Legislative Council of Hong Kong, this 27th day of October, 1932.

R. A. C. NORTH, Deputy Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

737

HONG KONG.

N). 33 of 1932.

I assent.

W. T. SOUTHORN,

L.S.

Officer Administering the Government.

28th October, 1932.

An Ordinance to amend the Supreme Court (Admiralty

Procedure) Ordinance, 1896.

[28th October, 1932.]

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Supreme Court Short title. (Admiralty Procedure) Amendment Ordinance, 1932.

of Ordin- ance No. 6

2. Faragraph (14) of the particulars required by rule 53 Amendment in the Schedule to the Supreme Court (Admiralty Procedure) Ordinance, 1896, is repealed and the following paragraphs are of 1896. substituted therefor :-

(14) the sound signals, if any, which were given, and when; and

(15) the sound signals, if any, which were heard from the other ship, and when.

Schedule, rule 53.

3. Rule 54 in the said Schedule is repealed and the Substitution following rule is substituted :---

for Ordin- ance No. 6 of 1896, Schedule, rule 54.

applied for

54. After appearance any party to an action may apply No pleadings. to the court for an order for pleadings. If no such application unless is made, or if on such application pleadings are not ordered, and ordered. the action shall be heard without pleadings.

clause.

4. This Ordinance shall not come into operation unless Suspending and until the Governor notifies by Proclamation His Majesty's pleasure thereon, and thereafter it shall come into operation upon such day as the Governor shall notify by the same or any other Proclamation.

Passed the Legislative Council of Hong Kong, this 27th day of October, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

738

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

HONG KONG.

No. 34 OF 1932.

I assent.

W. T. SOUTHORN,

L.S.

Officer Administering the Government.

Short title.

Amendment

of Ordinance No. 7 of 1875, s. 21.

Marriage before Registrar of Marriages.

Substitution for ss. 37 and 38 of Ordinance No. 7 of 1875.

Application

of Ordin-

ance.

Marriages under this Ordinance

are

Christian or equivalent thereto.

28th October, 1932.

An Ordinance to amend the Marriage Ordinance, 1875.

[28th October, 1932.]

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the Marriage Amend- ment Ordinance, 1932.

2. Sub-section (1) of section 21 of the Marriage Ordin- ance, 1875, is repealed and the following sub-section is substituted-

(1) After the issue of a certificate by the Registrar of Marriages, or the grant of a special licence by the Governor, the parties may, if they think fit, contract a marriage before the Registrar of Marriages: Provided that, before they are permitted to do so, each of the parties shall sign a written declaration in the presence of the Registrar of Marriages, which he shall witness, in Form No. 6 in the First Schedule.

3. Sections 37 and 38 of the Marriage Ordinance, 1875, are repealed and the following new sections are substituted :-

37.-(1) This Ordinance shall apply to all marriages cele- brated in the Colony except non-Christian customary marriages duly celebrated according to the personal law and religion of the parties.

(2) The parties to any such customary marriage may, however, if they so desire and provided they have not living any other undivorced spouse, contract with each other a marriage under this Ordinance. In such cases the marriage under this Ordinance shall not be deemed to prejudice the previous customary marriage.

38.(1) Every marriage under this Ordinance shall be a Christian marriage or the civil equivalent of a Christian marriage.

(2) The expression "Christian marriage or the civil equivalent of a Christian marriage" implies a formal ceremony recognised by the law as involving the voluntary union for life of one man and one woman to the exclusion of all others.

Passed the Legislative Council of Hong Kong, this 27th day of October, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

739

HONG KONG.

No. 35 of 1932.

I assent.

W. T. SOUTHORN,

L.S.

Officer Administering the Government.

28th October, 1932.

An Ordinance to confer on the Supreme Court Jurisdiction in

Divorce and Matrimonial causes.

[28th October, 1932.]

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the Divorce Short title Ordinance, 1932.

2. In this Ordinance, unless there is something repugnant Interpre in the subject or context,

"Christian marriage or its civil equivalent" and "the civil equivalent of a Christian marriage" imply a formal ceremony recognised by the law of the place where the union was contracted as involving the voluntary union for life of one man and one woman to the exclusion of all others.

"The court" means the Supreme Court or a Judge

thereof;

"Desertion" implies an abandonment against the wish of

the person charging it.

"Minor children" means unmarried children who in the opinion of the court have not attained the age of twenty-one years;

tation.

to be

3. Subject to the provisions contained in this Ordinance, Principles the court shall in all suits and proceedings hereunder act and of law give relief on principles which in the opinion of the court applied. are, as nearly as may be, conformable to the principles on which the High Court of Justice in England for the time being acts and gives relief in matrimonial proceedings.

4.-(1) Nothing herein shall authorise the court to Extent of make any decree of dissolution of marriage except-

(a) where the marriage was either a Christian marriage or the civil equivalent of a Christian marriage; and

(b) where the domicile of the parties to the marriage at the time when the petition was presented was in the Colony.

(2) Nothing herein shall authorise the court to make any decree of nullity of marriage except where the marriage to which the decree relates purported to have been celebrated in the Colony and to have been a Christian marriage or its civil equivalent.

power to grant relief.

740

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

Grounds for divorce.

Contents of petition.

Adulterer to be

made a co- respondent.

Scope of inquiry by the court. Absence of collusion or condonation.

Dismissal of petition.

(3) Nothing herein shall authorise the court to make any decree of judicial separation or of restitution of conjugal rights except where the marriage was a Christian marriage or its civil equivalent and where both the parties to the marriage were in the Colony at the time of the commencement of pro- ceedings.

Dissolution of Marriage.

5.--(1) A husband may present a petition to the court praying that his marriage may be dissolved on the ground that his wife has since the solemnization thereof been guilty of adultery.

(2) A wife may present a petition to the court praying that her marriage may be dissolved on the ground that since the solemnization thereof her husband has been guilty of-

(i) adultery; or

(ii) rape, sodomy or bestiality.

(3) Every such petition shall state, as distinctly as the nature of the case permits. the facts on which the claim to have such marriage dissolved is founded.

6. (1) Upon any such petition presented by a husband, the petitioner shall make the alleged adulterer a co-respondent to the said petition, unless he is excused from doing so on one of the following grounds, to be allowed by the court:

(a) that the respondent is leading the life of a prostitute and that the petitioner knows of no person with whom the adultery has been committed;

(b) that the name of the alleged adulterer is unknown to the petitioner, although he has made due efforts to discover it;

(2) Upon any such petition presented by a wife the court, if it sees fit, may order the person with whom the husband is alleged to have committed adultery to be made a respondent.

7. Upon any such petition for the dissolution of a marriage the court shall satisfy itself, so far as it reasonably can, not only as to the facts alleged, but also whether or not the petitioner has been in any manner accessory to Or conniving at the adultery, or has condoned the same, and shall also inquire into any countercharge which is made against the petitioner.

8. The court shall dismiss the petition if

(a) it is not satisfied that the petitioner's case has been proved;

(b) it is not satisfied that the alleged adultery has been committed;

(c) it finds that the petitioner has during the marriage. been accessory to or conniving at the adultery or has condoned the adultery; or

(d) it finds that the petition is presented or prosecuted in collusion with either the respondent or the co-respondent.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

shall be

9.-(1) If the court is satisfied that the petitioner's case When has been proved, and does not find that the petitioner has been petition accessory to or connived at the adultery, or has condoned the granted. adultery, or that the petition is presented or prosecuted in collusion, the court shall pronounce a decree nisi for the dissolution of the marriage.

(2) The court shall not be bound to pronounce such Proviso. decree if it finds that the petitioner has during the marriage been guilty

(a) of adultery;

(b) of unreasonable delay in presenting or prosecuting the petition;

(d) of having, without reasonable excuse, deserted or wilfully separated himself or herself from the respondent before the adultery complained of; or

(e) of such wilful neglect of or misconduct towards the respondent as has conduced to the adultery.

of adultery.

10. No adultery shall be deemed to have been condoned Condonation within the meaning of this Ordinance. unless conjugal

cohabitation has been continued or resumed.

11. In any suit instituted for dissolution of marriage, Grant of if the respondent opposes the relief sought on the ground of relief to

respondent, the adultery, cruelty or desertion without reasonable excuse if petition of the petitioner, the court may in such suit give the opposed. respondent, on his or her application, the same relief to which he or she would have been entitled in case he or she had presented a petition seeking such relief.

Nullity of Marriage.

12. A husband or wife may present a petition to the Petition

for nullity court praying that his or her marriage may be declared null of marriage. and void.

13. Such decree may be made on any of the following Grounds grounds :-

(a) that the respondent was impotent at the time of the marriage and at the time of the institution of the suit;

(b) that the parties are within the prohibited degrees of consanguinity or affinity, whether natural or legal;

(d) that the former husband or wife of either party was living at the time of the marriage and the marriage with such former husband or wife was then in force;

(c) that the consent of either party to the marriage was obtained by force or fraud in any case in which the marriage might be annulled on this ground by the law of England;

(f) that the marriage is invalid by the law of the Colony.

of decree.

14. If the court finds that the petitioner's case has been Decree of proved, it shall pronounce a decree nisi declaring the marriage to be null and void.

741

742

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

Children

of annulled marriage.

When

decree nisi to be made absolute.

Grounds

separation.

15. Where a marriage is annulled on the ground that a former husband or wife was living and it is adjudged that the subsequent marriage was contracted in good faith and with the full belief of the parties that the former husband or wife was dead, or when a marriage is annulled on the ground of insanity, children begotten before the decree nisi is made shall be specified in the decree and shall be entitled to succeed, in the same manner as legitimate children, to the estate of the parent who at the time of the marriage was competent to contract.

Decree Absolute.

16. (1) A decree nisi for dissolution of marriage or for nullity of marriage may be made absolute after the expiration of such time, not less than three months from the pronouncing thereof, as is prescribed or as is fixed by the court in any suit.

(2) During that period any party may, in such manner as is prescribed or as is directed by the court in any suit, show cause why the decree nisi should not be made absolute by reason of the same having been obtained by collusion or by reason of material facts not being brought before the court.

(3) At any time during the progress of the suit or before the decree is made absolute any person may give information to the Attorney General of any matter material to the due decision of the case or affecting the jurisdiction of the court, who may thereupon take such steps as he deems necessary or expedient.

(4) If from any such information or otherwise he suspects that any parties to the suit are or have been acting in collusion for the purpose of obtaining a decree of dissolution of marriage or of nullity of marriage contrary to the justice of the case, or that material facts have not been brought before the court, he may intervene in the suit and show cause why the decree nisi should not be made absolute.

(5) On cause being so shown, the court shall make the decree absolute, or reverse the decree nisi, or require further inquiry or otherwise deal with the case as justice demands.

(6) The court may order the costs arising from such cause being shown and from such intervention, including the costs of the Attorney General, to be paid by the parties or such one or more of them, including a wife if she has separate property, as it thinks fit.

(7) Whenever a decree nisi has been made and the petitioner fails to move within a reasonable time to have such decree nisi made absolute, the court may dismiss the suit.

Judicial Separation.

17.--(1) A husband or wife may present a petition to for judicial the court for a judicial separation on the ground of adultery or cruelty or desertion without reasonable excuse for two years or upwards.

(2) The court, on being satisfied that the statements in such petition are true and that there is no legal ground why

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932. 743

the application should not be granted, may decree judicial

separation accordingly.

(3) A decree of judicial separation shall have the effect of a divorce a mensa et thoro under the existing law and such other legal effect as is hereinafter mentioned.

wife after

18 -(1) The property of a wife who at the time of her Property of death is judicially separated from her husband shall, in case judicial she dies intestate, go as it would have gone if her husband separation, had been then dead.

(2) Where, upon any such judicial separation, alimony has been decreed or ordered to be paid to the wife and the same is not duly paid by the husband he shall be liable for necessaries supplied for her use.

(3) Nothing in this Ordinance shall prevent the wife from joining, at any time during such separation, in the exercise of any joint power given to herself and her husband.

separation

during the

19.-(1) Any husband or wife, upon the application of Decree of whose wife or husband, as the case may be, a decree

of judicial judicial separation has been pronounced, may, at any time obtained thereafter, present a petition to the court praying for a absence of reversal of such decree on the ground that it was obtained husband or in his or her absence and that there was reasonable excuse reversed.

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　wife may be for the alleged desertion where desertion was the ground of such decree.

(2) The court may, on being satisfied of the truth of the allegations of such petition, reverse the decree accordingly.

Restitution of Conjugal Rights.

20.--(1) When either the husband or the wife has without reasonable excuse withdrawn from the society of the other, either wife or husband may apply by petition to the court for restitution of conjugal rights.

(2) The court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

Petition for of conjugal rights.

restitution

petition.

21. Nothing shall be pleaded in answer to a petition for Answer to restitution of conjugal rights which would not be a ground for a suit for judicial separation.

22.-(1) A decree of restitution of conjugal rights shall Periodical not be enforced by attachment.

(2) Where the application is by the wife the court may, at the time of making such decree or at any time afterwards, order that, in the event of such decree not being complied with within any time in that behalf limited by the Court, the respondent shall make to the petitioner such periodical payments as are just.

(3) The court may, if it thinks fit, order that the husband shall, to the satisfaction of the court, secure to the wife such periodical payments, and for that purpose may refer the matter to the Registrar or to some counsel and solicitor to settle and approve of a proper deed or instrument to be executed by all necessary parties.

payments in lieu of attachment.

744

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

Settlement of wife's property.

Power to vary orders.

Non- compliance

with decree

desertion.

23. Where the application for restitution of conjugal rights is by the husband, if it is made to appear to the court that the wife is entitled to any property, either in possession or reversion, or is in receipt of any profits of trade or earnings, the court may, if it thinks fit, order a settlement to be made to the satisfaction of the court of such property or any part thereof for the benefit of the petitioner and of the children of the marriage or either or any of them, or may order such part as the court thinks reasonable of such profits of trade or earnings to be periodically paid by the respondent to the petitioner for his own benefit, or to the petitioner or any othe person for the benefit of the children of the marriage or either or any of them.

24. The court may vary or modify any order for the periodical payment of money, either by altering the times of payment or by increasing or diminishing the amount, or may temporarily suspend the same as to the whole or any part of the money so ordered to be paid, and again revive the same order wholly or in part, as the court thinks just.

25. If the respondent fails to comply with a decree of the court for restitution of conjugal rights, such respondent deemed to be shall thereupon be deemed to have been guilty of desertion without reasonable cause and a suit for judicial separation may forthwith be instituted, and a sentence of judicial separa- tion may be pronounced although the period of two years have not elapsed since the failure to comply with the decree for restitution of conjugal rights.

Husband may claim damages from adulterer.

Costs against co- respondent

Proviso,

Damages and Costs.

26.-(1) Any husband may, either in a petition for dissolution of marriage or for judicial separation or in a petition to the court limited to such object only, claim damages from any person on the ground of his having committed adultery with the wife of such petitioner.

(2) Such petition shall be served on the alleged adulterer and the wife, unless the court dispenses with such service or directs some other service to be substituted.

(3) The damages to be recovered on any such petition. shall be ascertained by the court, although the respondents or either of them may not appear.

(4) After the decision has been given the court may direct in what manner such damages shall be paid or applied.

27.(1) Whenever in any petition presented by a husband the alleged adulterer has been made a co-respondent and the adultery has been established, the court may order the co-respondent to pay the whole or any part of the costs of the proceedings.

(2) The co-respondent shall not be ordered to pay the petitioner's costs,

(a) if the respondent was at the time of the adultery living apart from her husband and leading the life of a prostitute; or

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

(b) if the co-respondent had not at the time of the adultery reason to believe the respondent to be a married

745

woman.

Alimony.

pendente

28.-(1) In any suit under this Ordinance, whether it Alimony is instituted by a husband or a wife, the wife may present a lite. petition for alimony pending the suit.

(2) Such petition shall be served on the husband, and the court, on being satisfied of the truth of the statements therein contained, may make such order on the husband for payment to the wife of alimony pending the suit as it deems just.

(3) Alimony pending the suit shall in no case exceed one-fifth of the husband's average net income for the three years next preceding the date of the order, and shall continue, in case of a decree for dissolution of marriage, until the decree is made absolute.

•

29.-(1) On any decree absolute for dissolution of Permanent

alimony. marriage or for nullity of marriage, or on any decree of judicial separation obtained by a wife, the court may, if it thinks fit, order that the husband shall, to the satisfaction of the court, secure to the wife such gross sum of money or such annual sum of money for any term not exceeding her life as, having regard to her fortune, if any, to the ability of the husband and to the conduct of the parties, it deems reasonable. and for that purpose may refer the matter to the Registrar or to some counsel and solicitor to settle and approve of a proper deed or instrument to be executed by all necessary parties, and the court may, if it thinks fit, suspend the pronouncing of its decree until such deed or instrument has been duly executed.

monthly or

(2) In any such case the court may, if it thinks fit, make Power to an order on the husband for payment to the wife during their order joint lives of such monthly or weekly sum for her maintenance weekly and support as the court thinks reasonable, and any such payments. order may be made either in addition to or instead of an order under sub-section (1).

of order for

(3) If the husband afterwards from any cause becomes Discharge unable to make such payments, the court may discharge or or alteration modify the order or temporarily suspend the same as to alimony. the whole or any part of the money so ordered to be paid, and again revive the order wholly or in part as the court thinks

fit.

(4) Where the court has made any such order as is How to mentioned in sub-section (2) or (3), and the court is satisfied increase

alimony. that the means of the husband have increased, the court may, if it thinks fit, increase the amount payable under the order.

30. In all cases in which the court makes any decree Court or order for alimony, it may direct the same to be paid either may direct to the wife herself, or to any trustee on her behalf to be alimony to approved of by the court, and may impose any terms or her trustee.

payment of

wife or to

746

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

restrictions which to the court seem expedient, and may from time to time appoint a new trustee if it appears to the court expedient so to do.

Settlement

property.

Settlements.

31.--(1) When a decree of dissolution of marriage or of the wife's of judicial separation on account of the adultery of the wife is pronounced, and when the wife is entitled to any property, the court may order such settlement as it thinks reasonable to be made of such property, or any part thereof, for the benefit of the husband or of the children of the marriage, or of both.

(2) Any instrument executed pursuant to any order of the court at the time of or after the pronouncing of a decree of dissolution of marriage or judicial separation shall be deemed valid notwithstanding the existence of the disability of coverture at the time of the execution thereof.

(3) The court may direct that the whole or any part of the damages recovered under section 26 shall be settled for the benefit of the children of the marriage or as a provision for the maintenance of the wife.

Inquiry into existence of ante-nuptial or post- nuptial settlements.

Fowers of the

court as to settlements.

Custody of children.

32.--(1) After a decree absolute for dissolution of marriage or for nullity of marriage, the court may inquire into the existence of ante-nuptial or post-nuptial settlements made on the parties whose marriage is the subject of the decree, and may make such orders with reference to the application of the whole or a portion of the property settled, whether for the benefit of the husband or the wife, or of the children, if any, of the marriage, or of both children and parents, as to the court seems fit.

(2) The court shall not make any order for the benefit. of the parents or either of them at the expense of the children.

33. Where the court has power to direct any property to be settled, or to vary the terms of an existing settlement. it may

(a) appoint trustees;

(b) order the necessary instruments to be prepared containing such provisions as it thinks fit;

(d) from time to time appoint new trustees; and

(e) do all such other acts as it deems necessary for carry- ing such directions into effect.

Custody of Children.

34. In any suit for dissolution of marriage, or for nullity of marriage, or for judicial separation, or for restitution of conjugal rights, the court may, at any stage of the proceed- ings, or after a decree absolute has been pronounced, make

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

such orders as it thinks fit with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of such suit, and may vary or discharge the said orders, and may, if it thinks fit, direct proceedings to be taken for placing such children under the protection of the court.

747

Procedure.

35. Subject to the provisions herein, all proceedings Frocedure. under this Ordinance shall be regulated by the Code of Civil Procedure for the time being in force.

36. The forms in the schedule with such variations as Forms in the circumstances of each case require, may be used for the schedule. respective purposes mentioned in such schedule.

37.--(1) Every petition shall state the facts on which Contents of the claim is based and also all such facts as affect the petition. jurisdiction of the court under section 4, shall be verified by affidavit, and may at the hearing be referred to as evidence.

(2) Petitions for dissolution of marriage, or for nullity of marriage, or for judicial separation shall state that there is not any collusion or connivance between the petitioner and the respondent or between the petitioner and the co- respondent, if any.

38 (1) Service out of the jurisdiction of any petition Service of under this Ordinance may be allowed by the court and petition. service shall be effected, as nearly as may be, in the manner in which service of a writ of summons is to be effected under the Code of Civil Procedure for the time being in force.

(2) The court may dispense with such service altogether or allow service by notice published in the Gazette, if it seems necessary or expedient to do so.

39.-(1) In suits under this Ordinance the parties and Evidence. the husbands and wives of such parties shall be competent and compellable to give evidence.

(2) No witness whether a party to. the suit or not shall be liable to be asked or bound to answer any question tending to show that he or she has been guilty of adultery unless such witness has already given evidence in the same suit in disproof of his or her alleged adultery.

40. The whole or any part of any proceeding under this sittings Ordinance may be heard, if the court thinks fit, with closed in camera. doors.

41. The court may adjourn the hearing of any petition Adjourn under this Ordinance, and may require further evidence ment. thereon if it sees fit so to do.

748

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

Enforce- ment of orders.

Appeals.

Appeal to King in Council,

Appeals.

42.-(1) All decrees and orders made by the court in proceedings under this Ordinance shall be enforced, and may be appealed from, as if they were decrees or orders made by the court in the exercise of its original civil jurisdiction.

(2) In suits for dissolution of marriage or for nullity of marriage no respondent or co-respondent not appearing and defending the suit on the occasion of the decree nisi being made shall appeal against the decree being made absolute unless the court gives leave to appeal at the time of the decree being made absolute.

(3) No appeal from any order absolute for dissolution of marriage, or for nullity of marriage, shall lie in favour of any party who, having had time and opportunity to appeal from the decree nisi, has not appealed therefrom.

(4) There shall be no appeal on the subject of costs only.

43. Subject to such rules as are made from time to time by His Majesty in Council regarding appeals from Colonial courts, any person may appeal to His Majesty in Council from any decree or order under this Ordinance made by the Full Court if the Full Court declares that the case is a fit one for appeal.

Liberty to parties to

re-marry.

Power to allow

on terms.

Re-marriage.

44. When the time limited for appealing against a decree absolute of dissolution of marriage or of nullity of marriage has expired, and no appeal has been presented against such decree, or when any such appeal has been dismissed, but not sooner, the respective parties may marry again as if the prior marriage had been dissolved by death."

Miscellaneous.

45. In any case in which any person is charged with intervention adultery with any party to a suit, or in which the court considers, in the interest of any person not already a party to the suit, that such person should be made a party to the suit, the court may, if it thinks fit, allow that person to intervene upon such terms, if any, as the court thinks just.

Restriction

on publication of reports of

46.--(1) It shall not be lawful to print or publish, or cause or procure to be printed or published, in relation to any matrimonial judicial proceedings for dissolution of marriage, for nullity of proceedings. marriage, for judicial separation, or for restitution of conjugal rights, any particulars other than the following, that is to say:

16 & 17 Geo. 5,

c. 61, s. 1.

(i) the names, addresses and occupations of the parties and witnesses:

(ii) a concise statement of the charges, defences and countercharges in support of which evidence has been given;

(iii) submissions on any point of law arising in the course of the proceedings, and the decision of the court thereon;

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

(iv) the summing-up of the judge and the finding of the jury (if any) and the judgment of the court and observations made by the judge in giving judgment :

(2) Notwithstanding anything contained in sub-section (1) it shall not be lawful to print or publish, or cause or procure to be printed or published, in relation to any such proceedings, any indecent matter or indecent medical, surgical or physiological details being matter or details the publication of which would be calculated to injure public morals.

(3) Nothing in this section shall apply to the printing of any pleading, transcript of evidence or other document for use in connection with any judicial proceedings or the communication thereof to persons concerned in the proceed- ings, or to the printing or publishing of any notice or report in pursuance of the directions of the court; or to the printing or publishing of any matter in any separate volume or part of any bona fide series of law reports which does not form part of any other publication and consists solely of reports of proceedings in courts of law, or in any publication of a technical character bonâ fide intended for circulation among members of the legal or medical professions.

(4) Every person who contravenes any of the provisions of this section shall be liable upon summary conviction to a fine not exceeding one thousand dollars and to imprisonment for any term not exceeding six months.

(5) No prosecution under this section shall be instituted without the consent of the Attorney General.

47. No person competent to present a petition under Suits for sections 4 and 5 shall maintain a suit for criminal conversa- criminal tion with his wife.

conversation abolished.

48.-(1) The Chief Justice may make rules to fix and Power to regulate the fees and costs payable upon all proceedings in make rules. suits under this Ordinance, and also rules concerning the practice and procedure under this Ordinance as he considers expedient.

(2) Such rules may, amongst other things, vary any of the forms in the schedule, or may add new forms thereto.

(3) A copy of such rules made by the Chief Justice under Pules to be this Ordinance, certified under the hand of the Chief Justice, laid before Legislative shall be transmitted by him to the Governor, to be laid before Council. the Legislative Council.

(4) No rule under this Ordinance shall come into opera- Bringing tion until it has been approved by resolution of the Legislative rules into Council at some meeting thereof subsequent to the meeting at which it was first laid upon the table.

(5) Any rule so approved shall have the same force as though it had been enacted by this Ordinance.

(6) Unless otherwise provided by rule, the fees and costs. payable shall be similar to the fees and costs payable in the Original Jurisdiction of the Supreme Court.

operation

749

750

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

Suspend- ing clause.

49. This Ordinance shall not come into operation unless and until the Governor notifies by Proclamation that it is His Majesty's pleasure not to disallow the same and thereafter it shall come into operation upon such day as the Governor shall notify by the same or any other Proclamation.

Passed the Legislative Council of Hong Kong, this 27th day of October, 1932.

R. A. C. NORTH.

Deputy Clerk at Councils,

SCHEDULE.

(SECTION 36.)

FORMS.

No. 1.

General Heading (if Petition by Husband). In the Supreme Court of Hong Kong.

Between A. B.,

and

C. B. X. Y.

Petitioner.

Respondent. Co-Respondent.

To the Honourable the Judges of the Supreme Court.

day of

General Heading (if Petition by Wife).

Divorce.

No.

This

Divorce.

No.

This

Between C. B.,

and

A. B.

Petitioner.

Respondent.

To the Honourable the Judges of the Supreme Court.

day of

General Heading-(where Court directs Respondent to be added)

Divorce.

No.

This

day of

Between C. B.,

and

Petitioner.

A. B.

Respondent.

E. F. intervening as

Respondent.

No. 2.

PETITION BY HUSBAND FOR DISSOLUTION OF MARRIAGE ON THE GROUND OF HIS WIFE'S ADULTERY (WITH DAMAGES AGAINST CO-RESPONDENT, as the case may be).

SHEWETH:

(General Heading).

The Petition of A. B. (state description of the

husband and the place of residence).

1. That the domicile of your Petitioner and of his wife the said C. B. is within the Colony of Hong Kong.

day of

2. That your Petitioner was, on the lawfully married to C. B., then C. D. (spinster or widow as the case may be) at (the place at which the marriage was solemnized must be described with exactness).

3. That the said marriage was a Christian marriage (or the civil equivalent of a Christian marriage).

に

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

4. That after his said marriage your Petitioner lived and cohabited with his said wife and that your Petitioner and his said wife have had issue of their said marriage of whom

and ages).

5. That on the

between that day and

committed adultery with X. Y.

children, survive; that is to say (give names

day of

and on other days the said C. B. at

That during the

day of

(Or)

years immediately preceding the

may be) X. Y. frequently visited the said C. B. at

period at

with the said X. Y.

(or as the case

and that, on divers occasions during the said the said C. B. committed adultery

6. That no collusion or connivance exists between your Petitioner and his said wife, or between your Petitioner and the said X, Y, for the purpose of obtaining a dissolution of the said marriage or for any other purpose.

Your Petitioner therefore humbly prays that this Honourable Court will decree a dissolution of the said marriage, that your Petitioner may have the custody of his said children (and that the said X. Y. do pay the sum of $ as damages by reason of his having committed adultery with your Petitioner's said wife, such damages to be paid to your Petitioner or otherwise paid or applied as to this Honourable Court may seem fit, or as the case may be).

(Signed) A. B.

The address for service of the Petitioner is

I, A. B., make oath and say that the statements contained in the foregoing petition are to the best of my knowledge, information and belief in all respects true.

Sworn at

the

day of

Before me

Commissioner to administer oaths

(Signed) A. B.

No. 3.

PETITION BY A WIFE FOR DISSOLUTION OF HER MARRIAGE, CONTAINING EXAMPLES OF VARIOUS CHARGES ON WHICH SUCH A PETITION MAY

BE GROUNDED.

(General Heading).

The Petition of C. B. (state place of residence).

SHEWETH:

1. That the domicile of your Petitioner and of her husband the said A. B. is within the Colony of Hong Kong.

2. That your Petitioner, then C. D. (spinster or widow, as the case may be), was on the

day of

married to A. B. (description), at present residing at

at (insert place of marriage as in Form 2).

Jawfully

3. That the said marriage was a Christian marriage (or the civil

equivalent of a Christian marriage).

751

752

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

4. That after her said marriage your Petitioner lived and cohabited with her said husband and that your Petitioner and her said husband have had issue of their said marriage

　　　　　　　　　　　　　　　　　　　　　　　　children, of whom

ages).

survive; that is to say (give names and

Charge of adultery.

5. That on or about the

day of

›

the said

A. B. committed adultery with Y. Z. (or with a female whose name is at present unknown to your Petitioner).

(Or)

the said A. B. at

That from about the month of

month of

to about the

lived and cohabited and habitually committed adultery with a woman named Y, Z.

That on the

Charge of rape, etc.

(Or)

day of

the said A. B. committed rape on

the person of

(or committed sodomy or bestiality).

[In every case conclude with a paragraph denying collusion or connivance, see 6 of Form No. 2.]

Your Petitioner therefore humbly prays that this Honourable Court will deeree her:

1. A dissolution of her said marriage.

2. The custody of her said children.

3. Such further and other relief as to this Honourable Court

may seem fit.

(Signed) C. B.

[Address and Affidavit as in Form No. 2.]

No. 4.

CITATION BY HUSBAND,

(General Heading).

George the Fifth, by the Grace of God of Great Britain and Ireland and the British Dominions beyond the Seas, King, Defender of the Faith.

C. B. (respondent).

Whereas A. B. of

claiming to have been lawfully married to you, has filed his petition against you in the Registry of Our said Court, praying for a dissolution of marriage, wherein he alleges that you have been guilty of adultery:

Now this is to command you, that within eight days after service hereof on you, inclusive of the day of such service, you do appear in cur said Court then and there to make answer to the said petition, a copy whereof sealed with the seal of Our said Court is herewith served upon you.

And take notice, that in default of your so doing, Our said Court will proceed to hear the said charge (or charges) proved in due course of law, and to pronounce sentence therein your absence notwith- standing. And take further notice that for the purpose aforesaid you are to attend in person, or by your solicitor, at the Registry of Our said Court at

and there to enter an appearance

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932. 753

without which you will not be allowed to address the court, either in person or by counsel, at any stage of the proceedings in the cause

Dated at

this

day of

(Signed) Registrar.

(A citation has also to be issued against the Co-respondent.

See Form No 6.)

No. 5.

CITATION BY WIFE.

(General Heading).

George the Fifth, by the Grace of God of Great Britain and Ireland and the British Dominions beyond the Seas, King, Defender of the Faith.

A. B. (respondent).

Whereas C. B. of

claiming to have been lawfully married to you, has filed her petition against you in the Registry of Our said Court, praying for a dissolution of marriage, wherein she alleges that you have been guilty of (adultery or rape or as the case may be):

Now this is to command you, etc. (as in Form No. 4).

No. 6.

CITATION AGAINST CO-RESPONDENT.

(General Heading).

George the Fifth, by the Grace of God of Great Britain and Ireland and the British Dominions beyond the Seas, King, Defender of the Faith

X. Y. (Co-respondent).

Whereas A. B. of

claiming

to have been lawfully married to C. B.. has filed his petition against her in the Registry of Our said Court praying for a dissolution of marriage, wherein he alleges that you have been guilty of adultery with the said C. B.:

Now this is to command you, etc. (as in Form No. 4).

Citation for to appear in a suit for

No. 7.

PRÆCIPE FOR CITATION.

(General Heading).

Address of parties to be cited.

by reason of (state reason)

(Signed)

Petitioner or his

Solicitors

Address

754

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932

No. 8.

CERTIFICATE OF SERVICE OF CITATION.

This Citation was duly served by the undersigned (name of Server) on the within-named (name of person cited) at

on the

day of

No. 9.

(Signed)

AFFIDAVIT OF SERVICE OF CITATION.

(General Heading.)

make oath and say·

day of

That the citation bearing date the issued under the seal of this Court against C. B., the respondent (or X. Y., the co-respondent), in this cause, and now hereunto annexed and marked A, was duly served by me on the said C. B. (or X. Y.)

　　　　　　　　　　　　　, by showing to her (or him) the original under seal, and by leaving with her (or him) a true copy thereof, on the

day of

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　And I further make oath and say that I did at the same time and place deliver to the said C. B. (or X. Y.) personally a sealed copy of the petition filed in this cause.

(Signed)

Sworn at the

day of

Before me,

Commissioner to administer oaths.

No. 10.

ENTRY OF APPEARANCE.

(General Heading.)

The respondent C. 5 (or the co-respondent X. Y.) appears in person (or G. H., the solicitor for C. B. the respondent or X. Y. the co- respondent, appears for the said respondent or co-respondent).

[Here insert the address for service.]

Entered this

day of

No. 11.

ANSWER BY WIFE TO PETITION FOR Dissolution of MarriaGE.

(General Heading.)

The respondent C B. in person (or by her solicitor), in answer to the petition filed in this cause, saith:

1. That she denies that the domicile of the petitioner (or that her domicile) is within the Colony of Hong Kong.

2. That she denies that the marriage was a Christian marriage (or the civil equivalent of a Christian marriage).

3. That she denies that she has on divers or any occasions com- mitted adultery with X. Y., as alleged in the fifth paragraph of the said petition.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932. 755

Wherefore the respondent prays that this Honour- able Court will reject the prayer of the said petition.

(Signed) C. B.

No. 12.

ANSWER BY WIFE TO HUSBAND'S PETITION, ALLEGING

VARIOUS DEFENCES.

(General Heading.)

1. Denial as in Form No. 11, paragraphs 1, 2 and 3.

2. That the petitioner condoned the acts of adultery (if any) alleged Condona- in the said petition.

tion.

3. That the petitioner has connived at the acts of adultery (if any) Connivance. alleged in the said petition.

4. That the said petition is collusive, and was presented (or prose- Collusion cuted) by agreement between the petitioner, the respondent and the co-respondent.

5. That the petitioner has been guilty of unreasonable delay in Unreason- presenting (or prosecuting) his said petition, for whereas the said able delay. supposed acts of adultery are alleged to have taken place on

petition until

yet the

petitioner did not file his

6. That the petitioner has been guilty of such neglect (or mis- Neglect or conduct) as has conduced to the said alleged adultery (if any) inasmuch misconduct. as (here set out the facts relied on).

The respondent therefore humbly prays that this Honourable Court will reject the prayer of the said petition, and that the respondent may have such further and other relief as to this Honourable Court may seem fit.

(Signed) C. B.

(Paragraphs 2 to 6 of this form or any paragraphs containing counter-charges must be verified by affidavit as follows:-

I, C. B., of

　　　　　　　　　　the respondent in the above cause (or the above-named respondent), make oath and say as follows:-

1. That the allegations contained in paragraphs answer dated the

day of

best of my knowledge, information and belief.

of my

19 are true to the

Sworn, etc.

No. 13.

(Signed) C. B.

ANSWER BY HUSBAND TO A WIFE'S PETITION.

(General Heading.)

The respondent A. B. in person (or by his solicitor), in answer to

the petition filed in this cause, saith:

1. Denial of domicile of parties and nature of the marriage as in

Form No. 11 with necessary variations.

2. That he denies that he has been guilty of the charges of adultery, Denial (or rape as the case may be) alleged against him in the said petition, or any of them.

3. That the petitioner condoned the acts of adultery (if any) alleged Condona- in the said petition.

tion.

756 THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

Connivance.

Denial of knowledge that respon dent was a married woman.

4. That the petitioner has connived at the adultery (if any) alleged. in the said petition.

The respondent therefore humbly prays, etc.

Paragraphs 3 and 4 and any subsequent paragraphs containing counter-charges must be verified by affidavit. See Form No. 12.

No 14.

ANSWER BY CO-RESPONDENT.

(General Heading.)

X. Y., the co-respondent, in answer to the petition filed in this cause, saith:-

1. Denial of domicile of parties and nature of the marriage as in Form No. 11 with necessary variations.

2. That he denies that he committed adultery with the said C. B., as alleged in the said petition.

(Allege any countercharges as in Form No. 12, and add as a final paragraph):-

That at the time when the co-respondent committed the acts of adultery (if any) alleged in the said petition he did not know that the respondent was a married woman.

Wherefore the said X. Y. prays that this Honour- able Court will reject the prayer of the said petitioner and order him to pay the costs of and incidental to the said petition.

(Signed.)

(All countercharges and final paragraph must be verified by affidavit. See Form No. 12.)

No. 15.

REPLY TO FORM No. 13.

(General Heading.)

The petitioner C. B. in person (or by his solicitor) says:

1. That she denies that she condoned the acts of cruelty as alleged in the third paragraph of the statement in answer of the respondent.

2. That even if she had condoned the said adultery or cruelty, the same has been revived by the subsequent adultery with Y. Z. (or as the case may be) as set forth in the fifth paragraph of the petition herein.

X, Y, of

་,་།

(Signed) C. B.

No. 16.

CITATION BY RESPONDENT.

(General Heading.)

..in

Whereas C. B., of

married to A B., of

claiming to have been lawfully

has filed her petition against him in the Registry of Our said Court,

onobao") bogolla (ypa di

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932. 757

praying for a dissolution of marriage, wherein she alleges that he has been guilty of adultery.

And whereas the said A. B. has filed in the said Registry his answer to the said petition, wherein he alleges that you have been guilty of adultery with the said C. B., and prays for a dissolution of marriage.

Now this is to command you that within eight days after service hercof on you, inclusive of the day of such service, you do appear in Our said Court, then and there to make reply to the said answer, a copy whereof sealed with the seal of the Court is herewith served upon you.

And take notice, etc. (as in Form No 4).

No. 17.

PETITIONS FOR NULLITY ON VARIOUS GROUNDS.

(General Heading.)

The petition of C. D., otherwise called C. B. (give place of residence),

SHEWETH:

day of

in the

1. That on the Colony of Hong Kong a ceremony of marriage took place between your petitioner then a spinster (or widow as the case may be) and A. B. of (give place of residence). The said marriage purported to be a Christian marriage (or the civil equivalent of a Christian marriage).

2. That from the said

day of

until the month your petitioner lived and cohabited with the said A. B. at divers places.

3. That the marriage was invalid by the law of the said Colony, for the following reasons (state reasons).

1. That the said C. D. is the niece of the said A. B., being the natural and lawful daughter of his half-sister S. D., formerly S. B., spinster.

5. That the said A. B. was at the time of the said ceremony of marriage and has ever since been and still is wholly unable to consummate the said marriage by reason of the malformation, or frigidity and impotence of his parts of generation, or hysteria or from some other physical cause the exact nature of which

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　is to your petitioner at present unknown.

6. That the said malformation, frigidity, impotence or other physical cause affecting the parts of generation, of the said A. B. is wholly incurable by art or skill and will so appear upon inspection.

7. That the said A. B. has never consummated the said pretended marriage.

day of

when the said

8 That on the said ceremony of marriage took place between your petitioner and the said A. B., the said A. B. was and for some time prior thereto had been of unsound mind and incapable of contracting marriage.

9. That the performance of the said ceremony of marriage was procured by the fraud and contrivance of the said A. B.

day of

when the

10. That prior to the said said ceremony of marriage took place between your petitioner and the said A. B., that is to say on the

•

dav of

　　　　　　　the said A. B. was lawfully married to R. B., then R. S., spinster (or widow as the case may be) of (give place of residence) and that when the said ceremony of marriage took place between your petitioner and the said A. B., the said R. B.

　　　　　　　　　　　　　　　　　　　　　　　　　R. B., the wife of the said A B., was still living.

nobing

11. That there is no collusion or connivance between her and the said A. B. with respect to the subject of this suit.

758

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

こ

Your Petitioner therefore humbly prays that this Honourable Court will declare that the said marriage is null and void, and that your Petitioner may have such further and other relief as to this Honourable Court may seem fit.

(Affidavit as in Form No. 2).

(Signed) C. D.

No. 18.

CITATION IN SUIT FOR NULLITY.

(General Heading as in Form No. 16.)

C. B.. otherwise C. D., of

Whereas A. B., of

day of

has filed his

between him

petition against you in the Registry of Our said Court, praying that the ceremony of marriage which took place at in the Colony of Hong Kong on the and you may be pronounced null and void, on the following grounds: (Set out the grourds alleged which must be grounds contained in section 13 of the Ordinance.)

Now this is to command you, etc. (as in Form No. 4).

No 19.

ANSWERS TO PETITIONS FOR NULLITY.

(General Heading as in Form No. 15.)

The respondent A. B., in person (or by his sclicitor), in answer to the petition filed in this cause, saith: :-

1. Denial that the ceremony of marriage took place in the Colony and denial that it purported to be a Christian marriage (or the civil equivalent of a Christian marriage).

2. That on the

day of

the said

marriage took place, and it was a valid marriage.

3. That he denies that the said C. D. is related to him as alleged (state facts disproving the alleged relationship).

4. That he denies each and every one of the allegations contained in paragraphs 5, 6 and 9 of the said petition.

5. That the petitioner did consummate the said marriage and that the respondent was at the time of the said marriage, and thence hitherto hath been and still is, apt for coition, as will appear on inspection.

6. That the respondent always has been, and still is, willing to consummate the said marriage, but has been hitherto prevented from doing so by reason of the malformation, etc., of the petitioner.

day of

or at

7. That he denies that on the any time prior thereto he was of unscund mind or incapable of contracting marriage.

8. That he denics that he was on the

day of

or at any other time lawfully married to R. S., as alleged in the said petition.

Your petitioner therefore humbly prays, etc.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

759

No. 20.

PETITION BY WIFE FOR JUDICAL SEPARATION ON THE GROUND OF

HUSBAND'S ADULTERY.

(General Healing.)

The petition of C. B., of

residing at

the wife of A. B.,

SHEWETH:

1. That your petitioner and the said A. B. are in Colony of Hong Kong.

2. That on the

day of

your petitioner, then

C. D. (spinster, or widow as the case may be) was lawfully married to A. B. at

The said marriage was a Christian marriage (or the civil equivalent of a Christian marriage).

3. That after her said marriage your petitioner cohabited with the said A. B. at

and at

and that your petitioner and her said husband have issue living of their said marriage

children (give names and ages).

4. That on divers occasions in or about the months of

the said A. B. at

committed adultery with

E. F., who was then living in the service of the said A. B. and your petitioner at their said residence

5. That on divers occasions in the months of the said A. B. at

aforesaid.

aforesaid committed adultery with

a female whose name the petitioner believes to be R. S. (or cohabited and habitually committed adultery with G. H.).

6. That no collusion or connivance exists between your petitioner and the said A. B. with respect to the subject of the present suit.

Your petitioner therefore humbly prays that this Honourable Court will decree a judicial separation to your petitioner from her said husband by reason of his aforesaid adultery, and that she may have the custody of her said children, together with such other and further relief in the premises as to this Honourable Court may seem fit.

(Signed) C. B.

(Affidavit as in Form No 2).

No. 21.

ANSWER TO WIFE'S PETITION FOR JUDICIAL SEPARATION ON GROUND OF HUSBAND'S ADULTERY.

(General Heading.)

The respondent A. B. in person (or by his solicitor), in answer to the petition filed in this cause, saith:-

1. Denial that either party, or both parties, were in the Colony at the time of the Commencement of the proceedings and denial that the marriage was a Christian marriage (or the civil equivalent of a Christian marriage).

2. That he denies that he committed adultery with E. F., as in the fourth paragraph of the petition alleged.

3. That the petitioner condoned the said adultery with E. F., (if

any).

4. That he denies that he committed adultery with R. S. (or with G. H.) as in the fifth paragraph of the petition alleged.

5. That the petitioner condoned the said adultery with R. S., any (or as the case may be).

Wherefore the respondent prays that this Honour- able Court will reject the prayer of the said petition

A. B.

(Signed)

(Affidavit as in Form No. 12).

760

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

No. 22.

REPLY TO FORM No. 21.

(General Heading.)

The petitioner C. B. in person (or by her solicitor) says:-

1. That she denies that she condoned the said adultery of the respondent with E. F., as in the third paragraph of the statement in answer alleged.

2. That even if she had condoned the said adultery, the same has been revived by the subsequent adultery with R. S. (or G. H. as the case may be) as set forth in the fifth paragraph of the petition.

(Signed) C. B.

No. 23.

PETITION BY WIFE FOR JUDICIAL SEPARATION ON GRound of

HUSBAND'S CRUELTY.

(General Heading.)

The petition of C. B. (wife of A. B.) residing at

SHEWETH:

1. (As in paragraph 1 of Form No. 20.)

2. That on the

day of

your petitioner,

then C. D. spinster (or widow), was lawfully married to A. B. at

The said marriage was a Christian marriage (or the civil equivalent of a Christian marriage).

3. That from her said marriage your petitioner lived and cohabited with her said husband at

　　　　　　　　　　　　　　　　until the day of

when your petitioner separated from her said husband as hereinafter more particularly mentioned, and that your petitioner and her said husband have had no issue of their said marriage.

4. That from and shortly after your petitioner's said marriage the said A. B. habitually conducted himself towards your petitioner with great harshness and cruelty, frequently abusing her in the coarsest and most insulting language, and beating her with his fists, with a cane, or with some other weapon.

the

5. That on an evening in or about the mouth of said A B. in the highway and opposite to the house in which your petitioner and the said A. B. were then residing at aforesaid, endeavoured to knock your petitioner down, and was prevented from so doing only by the interference of F. D., your petitioner's brother.

6. That subsequently on the same evening the said A. B. in his said house at

aforesaid, struck your petitioner

with his clenched fist a violent blow on her face.

7. That on one Saturday night in the month of

the said A. B. in

without provocation, threw

a knife at your petitioner, thereby inflicting a severe wound on her right hand.

day of

8. That on the afternoon of the your petitioner, by reason of the great and continued cruelty practised. towards her by her said husband, with assistance withdrew from the house of her said husband to the house of her father at

; that from and after the said

day of

　your petitioner hath lived separate and apart from her said husband, and hath never returned to his house or to cohabitation with him.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932. 761

9. That there IS no collusion or connivance between your petitioner and her said husband with respect to the subject to the present suit.

Your petitioner therefore humbly prays that this Honourable Court will decrce a judicial separation between your petitioner and the said A. B., and also order that the said A. B. do pay the costs of and incidental to these proceedings.

[Affidavit as in Form No. 2.]

(Signed) C. B.

No. 24.

ANSWER TO WIFE'S PETITION FOR JUDICIAL SEPARATION ON GROUND OF HUSBAND'S CRUELTY.

(General Heading.) ·

A. B., the respondent, in answer to the petition filed in this cause; by his solicitor, saith:-

1. Denal as in Form No. 21.

2. That he denies that he has been guilty of cruelty towards the said C. B., as alleged in the said petition.

(Signed) A. B.

No. 25.

CITATION IN SUIT FOR JUDICIAL SEPARATION.

(General Heading.)

George the Fifth, (etc. as in Form No. 4).

A. B. of

Whereas C. B. of.

claiming to have been lawfully married to you, has filed her (or his) petition against you in the Registry of Our said Court, praying for a judicial separation, wherein she (or he) alleges that you have been guilty of adultery, or cruelty towards her (or him), or desertion of her (or him) without cause for two years and upwards, or as the case may be;

praying for a judicial separation, you having failed to comply with a decree made by the court in a suit instituted by him (or her), for restitution of conjugal rights, and dated the

day of

Now this is to command you, etc. (as in Form No. 4).

No. 26.

PETITION FOR REVERSAL OF DECREE OF JUDICIAL SEPARATION,

(General Heading.)

The petition of A. B. of

SHEWETH:

1. That your petitioner was on the

lawfully married to

day of

The said marriage was a Christian marriage (or the civil equivalent of a Christian marriage).

762

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

2. That on the

day of

this Honourable

Court at the petition of

　　　　　　　　　　　in a cause then depending in this Court, entitled A. B. against C. B., pronounced a decree affecting the petitioner to the effect following; to wit-

(Here set out the decree.)

3. That such decree was obtained in the absence of your petitioner, who was then residing at

(State facts tending to show that the petitioner did not know of the proceedings: and further, that, had he known, he might have offered a sufficient defence.)

(Or)

That there was reasonable ground for your petitioner leaving his said wife, for that his said wife

(Here state any legal grounds justifying the petitioner's separation from his wife.)

Your petitioner therefore humbly prays that this Honourable Court will reverse the said decree.

[Affidavit as in Form No. 2.]

No. 27.

(Signed)

A. B.

PETITION FOR RESTITUTION OF CONJUGAL RIGHTS.

(General Heading.)

The petition of C. B. of

SIEWETH:

1. (As in paragraph 1 of Form No. 20.)

2. That your petitioner was on the

lawfully married to A. B at

day of

The said marriage was a Christian marriage (or the civil equivalent of a Christian marriage).

3. That after her said marriage your petitioner lived and cohabited with the said A. B. at divers places and at

day of

4. That the said A. B. did, on the withdraw from cohabitation with your Petitioner, and has kept and continued away from her without any just cause whatsoever, and from that date hitherto has refused and still refuses to render her conjugal rights.

Your petitioner therefore humbly prays that this Honourable Court will be pleased to decree her:

1. Restitution of conjugal rights..

2. The costs of and incidental to this petition.

3. Such further and other relief as to this Honour- able Court may seem fit.

[Affidavit as in Form No. 2.]

No. 28.

(Signed) C. B.

ANSWER TO SUIT FOR RESTITUTION OF CONJUGAL RIGHTS.

(General Heading.)

1. Denial as in Form No. 21.

2. That he denies that he has without any just cause refused or still refuses to permit the petitioner to live and cohabit with him or to render her conjugal rights.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

(Or)

the

That by reason of the circumstances hereinafter set forth, respondent had and still has reasonable cause for refusing to permit the petitioner to live and cohabit with him, and for refusing to render her conjugal rights.

(Proceed to countercharge adultery, cruelty, or desertion, or any other misconduct of which the petitioner may have been guilty, and conclude with prayer for rejection of Petition and for the relief asked for, as "judicial separation," "custody of children, etc.

If the respondent desires to allege nullity it should be done, ana relief prayed in one of the Forms of Petition for Nullity of Marriage. Verify all countercharges by affidavit, and state that there is no collusion or connivance between the parties.)

No. 29.

CITATION IN SUIT FOR RESTITUTION OF CONJUGAL RIGHTS.

(General Heading.)

George the Fifth, (etc. as in Form No. 4).

763

A. B. of

Whereas C. B. of

•

claiming to have been lawfully

married to you, has filed her petition against you in the Registry of Our said Court, praying for a restitution of conjugal rights.

Now this is to command you, etc. (as in Form No. 4).

No. 30.

FETITION FOR ALIMONY PENDING THE SUIT OR PERMANENT ALIMONY

(General Heading.)

The Petition of C. B., the lawful wife of A. B.

SHEWETH

1. That the said A. B. has for some years carried on the business

derives the net annual income of from $

and from such business

2. That the said A. B. is possessed of plate, furniture, linen, and cther effects at his said house,

aforesaid, all of

which he acquired in right of your petitioner as his wife, or purchased with money he acquired through her, of the value of $

3. That the said A. B. is entitled, under the will of his father, (a) The subject to the life intcrest of his mother therein, to property of the value of $

or some other considerable amount (a).

(In the same manner state particulars of any other property which the husband may possess.)

Your petitioner therefore prays that this Honour- able Court will decree such sum or sums of money by way of alimony, pending the suit (or permanent alimony as the case may be) as to this Honourable Court may seem fit.

petitioner should state her husband's income as accurately as possible.

[Affidavit as in From No. 2.1

(Signed) C. B.

764

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

I, A. B. of

No. 31.

ANSWER TO PETITION FOR ALIMONY.

(General Heading.)

the above-named respondent, in

answer to the Petition for alimony, pending the suit of C. B., make oath and say as follows:-

1. In answer to the first paragraph of the said petition, I say that I have for the last

years carried on the business

and that, from

such business, I have derived a net annual income of $ but not less than $

2. In answer to the second paragraph of the said petition, I say that I am possessed of plate, furniture, linen and other chattels and effects at my said house

aforesaid, of the value of $

but as I verily believe of no larger value. And I say that a portion of the said plate, furniture and other chattels and effects of the value of $

, belunged to my said wife before. cur marriage, but the remaining portions thereof I have since pur- chased with my own moneys. And I say that, save as hereinbefore set forth, I am not possessed of the plate and other effects as alleged in the said paragraph in the said petition, and that I did not acquire. the same as in the said petition also mentioned.

3. I admit that I am entitled under the will of my father, subject to the life interest of my mother therein, to property of the value of that is to say, I shall be entitled under my said father's will, upon the death of my mother, to a legacy of $

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　out of which I shall have to pay my father's executors the sum of $ the amount of a debt owing by me to his estate, and upon which debt I am now paying interest at the rate of five per cent. per annum.

4. And, in further answer to the said petition, I say that I have no income whatever, except that derived from my aforesaid business, that such income, since my said wife left me, which she did on the

day of

last, has been considerably diminished, and that such diminution is likely to continue. And I say that out of my said income I have to pay the annual sum of for such interest as aforesaid to my late father's executors and also to support myself and my two eldest children.

5. And, in further answer to the said petition, I say that, when my wife left my dwelling-house on the

　　　　　　　　　　　　　　　　　　day of last, she took with her, and has ever since withheld and still with- holds from me, plate, watches, and other effects in the second paragraph of this my answer mentioned, of the value of, as I verily believe, $

　at the least; and I also say that, within five days of her departure from my house as aforesaid, my said wife received bills due to me from certain lodgers of mine, amounting in the aggregate to $

　　　　　　and that she has ever since withheld and still withholds from me the same sum.

Sworn, etc.

(Signed)

A. B.

No. 32

PETITION FOR VARIATION OF SETTLEMENTS.

(General Heading.)

The Petition of C. B., the lawful wife of A. B.

SHEWETII:

1. That on the

day of

this Honourable

Court pronounced a decree nisi for the dissolution of the marriage of your petitioner with the said A. B.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

(If the petition is filed after a decree of nullity of marriage the above must be altered accordingly).

2. That by an ante-nuptial (or post-nuptial) settlement bearing date the

day of

　　　　　　　　　　　　　　　a copy whereof is hereto annexed, it was witnessed that certain trustees therein named should stand possessed of (here set out particulars of the settled property) upon rust, during the joint lives of the petitioner and the respondent, to pay two-thirds of the interest, dividends, etc., to the petitioner or to such persons as she should direct for her separate use, and the remaining cne-third of the interest, dividends, etc., to the respondent for his own use and benefit; and from and after the decease of either of them to pay the whole of the interest, dividends, etc., to the survivor during his or her life; and from or after the decease of the survivor upon trust, for all or any of the children of the said marriage, according to the joint appointment of the petitioner and respondent, or the appointment of the survivor, or in default of appointment, for all the children of the said marriage who being a son or sons should attain twenty-one, or being a daughter or daughters should attain that age or be married with the consent of their parents or guardians, with an ultimate trust, on failure of children for the petitioner, if she should survive the respondent, but if not, then for such persons as she should by will appoint; and in default of such appointment, in trust for such persons as would be entitled to her moveable property if she had died intestate and had survived the respondent.

(The deed of settlement need not be filed).

3. That there are

forth in paragraph

children of the marriage as set of the petition filed in this suit, to which

your petitioner craves leave to refer.

4. That all the said trust funds mentioned in the said settlement were the sole property of your petitioner.

5. That the respondent has never given to nor settled upon the petitioner any property.

Wherefore your petitioner humbly prays:-That this Honourable Court will be pleased to decree that the said settlement may be varied by (here set out manner in which it is desired that the settle- ment should be varied), or in such other manner as to this Honourable Court may seem meet, and that your petitioner may have such further and other relief in the premises as is meet.

(Signed) C. B.

No. 33.

AFFIDAVIT IN SUPPORT OF APPLICATION FOR DECREE ABSOLUTE.

(General Heading.)

I, L. M. of

for A. B., the petitioner in this cause,

day of

make oath and say that on the

I carefully searched the books kept in the Registry of this Court for the purpose of entering appearances, from and including the

day of

}

the day of the date of the decree nisi made in this cause, to the

day of

, and that during such period no appearance has been entered in the said book by the Attorney General, or by or on behalf of any other person or persons whomsoever: And I further make oath and say, that I have also carefully searched the books kept in the said Registry for entering the minutes of proceedings had in this cause from and including the said

day of

to the

day of and that no leave has been obtained by the Attorney General, or by any other person or persons whomsoever, to intervene in this cause, and that no affidavit or affidavits, instruments, or other documents whatsoever has been filed in this cause by the Attorney General

765

766

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

any other person whomsoever during such period, or at any other period during the dependence of this cause, in opposition to the said decree nisi being made absolute.

Sworn at

this

day of

Before me,

(Signed)

L. M.

Commissioner to administer oaths.

　　　No. 681.-Flis Majesty the KING has not been advised to exercise his power of disallowance with respect to the following Ordinance :--

Ordinance No. 20 of 1932.-An Ordinance to amend the Liquors Ordinance,

1931.

COUNCIL CHAMBER,

25th October, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

APPOINTMENTS, &c.

No. 682.-His Excellency the Officer Administering the Government has been pleased to appoint Sir WILLIAM WOODWARD HORNELL, Kt., C.I.E., M.A., to be a Member of the Board of Education for a further period of two years, with effect from the 17th October, 1932.

27th October, 1932.

　　　No. 683.-His Excellency the Officer Administering the Government has been pleased to appoint Mr. MARCUS THEODORE JOHNSON to be a Visiting Justice to the Po Leung Kok vice the late Mr. ALAN GRIFFITHS COPPIN.

27th October, 1932.

No. 684.-His Excellency the Officer Administering the Government has been pleased, under the provisions of the Statute 4 of the Second Schedule of the University Ordinance, 1911, Ordinance No. 10 of 1911, to nominate Mr. TANG SHIU-KIŃ as a member of the Court of the University of Hong Kong for a period of three years, with effect from 13th October, 1932.

28th October, 1932.

766

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

any other person whomsoever during such period, or at any other period during the dependence of this cause, in opposition to the said decree nisi being made absolute.

Sworn at

this

day of

Before me,

(Signed)

L. M.

Commissioner to administer oaths.

　　　No. 681.-Flis Majesty the KING has not been advised to exercise his power of disallowance with respect to the following Ordinance :--

Ordinance No. 20 of 1932.-An Ordinance to amend the Liquors Ordinance,

1931.

COUNCIL CHAMBER,

25th October, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

APPOINTMENTS, &c.

27th October, 1932.

28th October, 1932.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932. 767

NOTICES.

　　　No. 685.--With reference to Government Notification No. 647 of 1932, it is hereby notified that CARLOS HENRIQUE BASTO being the only person nominated in accord- ance with such Notification has been duly elected to replace Dr. ROBERTO ALEXANDRE DE CASTRO BASTO as a Member of the Sanitary Board as from the 26th day of October, 1932, and during the absence from this Colony of the said Dr. BASTO and until he shall return to resume his functions as an elected member of the said Board.

Given under my hand this 26th day of October, 1932.

E. P. H. LANG,

SUPREME COURT,

HONG KONG,

No. 686

28th October, 1932.

Presiding Officer.

ROYAL OBSERVATORY.

Sunrise and Sunset in Hong Kong for November, 1932.

STANDARD TIME OF THE 120TH MERIDIAN, EAST OF GREENWICH.)

DATE.

SUNRISE.

SUNSET.

DATE.

SUNRISE.

SUNSET.

November 1.

6.27 a.m.

6.28

5.46 p.m. 5.46

November 16.

6.36 a.m.

17.

6.37

5.40 p.m. 5.39

3..

6.28

5.45

18..

6.38

4..

6.29

5.44

19.

6.38

5.39 5.39

6.30

5 44

20.

6.39

5.39

་་

6.31

5.43

21...

6.39

5.38

6.31

5.43

22..

6.40

5.38

8..

6.32

5.43

23.

6.41

5.38

9..

6.32

5.42

24.

6.41

5.38

??.

10.

6.33

5.42

25...

6.42

6.34

5.42

26..

6.43.

5.38 *5.38

6.34

5.41

27.

6.44

5.38

13....

6.35

5.41

28..

6.45

5.38

14..

6.35

5.41

6.45

5.38

15..

6.36

5.40

30.

6.46

5.38

26th October, 1982.

C. W. JEFFRIES,

Director.

7€8

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

ASSESSOR'S OFFICE.

No. 687.--The following alterations in house numbers are hereby notified.

NEW NUMBERS.

OLD NUMBERS.

LOT

新門牌

舊門牌

NUMBERS.

YEE WO STREET.

怡和街

From Great George Street to Causeway Bay Road.

NORTH SIDE.

ODD NUMBERS.

Here is Great George Street.

REMARKS.

號 I.L. 471 R.P.

East Point Terrace.

Grd. floor

號

三號

五號

二號

3 三號

四號

六號

七號

1st

2nd

Grd.

1st

2nd

Grd.

五號

九號

號號

::::

1st

吵吵

2nd

;

八號

七號

十號

( 12

一二號

九號

•號

一三號

一五號

一七號

Grd.

1st

2nd

Here is Pennington Street.

I.L. 749 R.P. New house.

Here is Sugar Street.

I. L. 1090

Motor Garage.

Here is Causeway Bay Road.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932. 769

NEW NUMBERS.

OLD NUMBERS.

LOT

REMARKS.

新門牌

舊門牌

NUMBERS.

2 to 6二號至

六號

YEE WO STREET,-Continued.

怡和街

SOUTH SIDE.

EVEN NUMBERS.

Here is Jardine Bazaar.

In reserve.

.L. 3161.

New house.

八號

十號

十二號

十四號

十六號

十八號

20 to 24 二十號至

In reserve.

二四號

二六號

十四號

I.L. 468.

二八號

十五號

三十號

十六號

三二號

十七號

J.L. 467.

三四號

十八號

I.L. 1148.

36 to 42 三六號

L.L. 3353.

Houses under construction.

44 to 64 四四號至

In reserve.

六四號

Here is Pennington Street.

-66 · 六六號

二二號 I.L. 1408.

68.

六八號

二三號

七十號

二四號

七二號

二五號

七四號

二六號

七六號

二七號

七八號

二八號

八十號

二九號

命命

八二號

三十號

八四號

三一號

770

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

门

NEW NUMBERS.

OLD NUMBERS.

LOT

REMARKS.

新門牌

舊門牌

NUMBERS.

YEE WO STREET, -Continued.

怡和街

八六號

三二號 I.L. 1408.

八八號

三三號

九十號

三四號

九二號

三五號

九四號

三六號

Here is Caroline Road.

加路連道

GILLIES AVENUE, (HUNG HOM).

機利士路

From Winslow Street (South to North).

Here is Winslow Street.

Then space for 8 houses.

1 to 15 (odd)

Part of H.H.I.L. In reserve.

235

一七號

五號

一九號

四號

ง

二一號

三號

二三號

二號

二五號

號

多

二七號

二九號

三一號

三三號

三五號

Here is Baker Street.

H.H.I.L. 271.

三七號

Here is Cooke Street.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

771

New NUMBERS..

OLD NUMBERS.

LOT

REMARKS.

新門牌

舊門牌

NUMBERS.

SHEK TONG STREET.

石塘街

WEST SIDE.

EVEN NUMBERS.

二號

號

K.I.L.1526.

四號

五號

1444.

六號

四號

8 八號

三號

一零號

二號

一二號

號號號

SAN LAU STREET.

(In Reserve).

新柳街

EAST SIDE.

ODD NUMBERS.

號

K.I.L.1526.

三號

二號

五號

1444.

七號

四號

九號

三號

-號

二號

一三號

號

WEST SIDE.

二號

EVEN NUMBERS.

K.I.L. 2389.

(Portion of.)

四號

六號

八號

一零號

一二號

2193.

一四號

2194.

......

一六號

八號

1973.

一八號

六號

1977.

二零號

四號

2084.

二二號

二號

2019.

772

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

NEW NUMBERS.

OLD NUMBERS.

LOT

REMARKS.

新門牌

舊門牌

NUMBERS.

CHATHAM ROAD.

漆咸道

WEST SIDE (North-East Portion).

ODD NUMBERS.

457

四五七

K.I.L. 2423

(Portion of).

459

四五九

461

四六

463

四六三

Here is an unnamed Street.

465 to

481

四六五至四八一

In reserve.

Here is an unnamed Street.

483 to

四入三至

In reserve.

487

四八七

489

四八九

491

四九一

K.I.L. 2207.

•

1632

(Portion of).|

493

四九三

495 top

四九五至

501

五零一

In reserve.

EAST SIDE (North-east Portion).

EVEN NUMBERS.

Here is San Lau Street.

466

四六六

號

K.I.L. 1526.

468

四六八

二號

470

四七零

三號

472

四七二

四號

474

四七四

五號

476

四七六

六號

478

四七八

七號

命命

Here is Shek Tong Street.

480 to

四八零至

In reserve.

494

四九四

496

四九六

八號 K.I.L. 1292.

498

四九八

九號

500

五百號

一零

28th October, 1932.

EDWIN TAYLOR,

Treasurer and Assessor of Rates.

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932. 773

LAND REGISTRY OFFICE.

No. 688.-It is hereby notified for general information that the Cancellation of the Memorial of Re-entry on New Kowloon Inland Lot No. 1776 has been registered according to law.

22nd October, 1932.

PHILIP JACKS,

Land Officer.

LAND REGISTRY OFFICE.

No. 689.--It is hereby notified for general information that the Cancellation of the Memorial of Re-entry on New Kowloon Inland Lot No. 1801 has been registered according to lar.

22nd October, 1932.

PHILIP JACKS,

Land Officer

LAND REGISTRY OFFICE.

No. 690. It is hereby notified for general information that a Memorial of Re-entry by the Crown on New Kowloon Inland Lot No. 1789 has been registered according to law.

27th October, 1932.

PHILIP JACKS,

Land Officer.

Supreme Court

　　　No. 691 It is hereby notified that the name of The YUE HING WO STEAMSHIP COMPANY, LIMITED, has been struck off the register.

28th October, 1932.

E. P. H. LANG,

Registrar of Companies

MEDICAL DEPARTMENT.

No. 692. The following addition to the Dental Register published in Govern- ment Notification No. 285 of the 4th May, 1932, pursuant to Ordinance No. 16 of 1914, is published for general information.

Name.

Address.

Qualification and Date.

Traill, Ronald Septimus.

Union Building.

Bachelor of Dentistry, Sydney, 1928.

Doctor of Dentistry, Pennsylvania, 1930.

24th October, 1932.

A. R. WELLINGTON, Director of Medical and Sanitary Services.

774

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 28, 1932.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　No. 693. It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909 :--

Number of

Marks.

Date of Registration.

Names and Addresses of Owners.

Period of Renewal.

Classes in

which renewed.

File Nos.

No. 97 of 1904.

22nd October, 1904.

Sun Tack Loong Company, Limited, of No 307, Des Voeux Road Central, Hong Kong.

22nd October, 1946.

251 of 1932.

No 42 of 1919.

Nos. 366 to 370 of 1919.

26th October, 1918.

28th October, 1918.

Santendo Kabushiki Kaisha, at No. 23, Kitahama, 1-Chome, Higashi-Ku, Osaka, Japan.

Lanman & Kemp-Barclay & Co., Inc, No. 135-137, Water Street, Borough of Manhattan, New York, United States of America.

28th October, 1932.

23th October,

1946.

253 of 1932.

28th October, 1946.

3 and 48

254 of 1932.

E. L. AGASSIZ,

Registrar of Trade Marks.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 694.-It is hereby notified that the registration of the following trade marks has expired and that they will be removed from the Register of Trade Marks on the 29th November, 1932, unless the prescribed fees for renewal of registration are paid before that date:

Number of Trade Marks.

Name and Address of Proprietor.

Date of Expiration of Registration.

File

No.

Nos. 11 and 12 of 1919.

28th October, 1932.

Stratton & Co, Proprietary Limited, 68, Lulie Street, Abbotsford, Victoria, Australia.

24th October, 1932.

252

of 1932.

E. L. AGASSIZ,

Registrar of Trade Marks.

776

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 4, 1932.

EXECUTIVE COUNCIL.

No. 695.

Hong Kong.

ORDINANCE No. 1 of 1931. (NURSES REGISTRATION).

In exercise of the powers conferred by section 4 of the Nurses Registration Ordinance, 1931, the Governor in Council makes the following amendments of the regulations made under the aforesaid Ordinance published as Notification No. 321 in the Gazette of the 22nd May, 1931:-

Amendments.

In regulations 7, 11 and footnote thereto, 12, 14, 17, 18, 22, 35, 36, 37 and 55 the words "Regulation or "Regulations' are substituted for the words "Rule" or "Rules".

(2) In regulation 14 (ii) (a) the words "Regulation 16"

are substituted for the words "Clause 6".

COUNCIL CHAMBER,

1st November, 1932.

D. W. TRATMAN,

Clerk of Councils.

LEGISLATIVE COUNCIL.

　　　　No. 696.-His Majesty the KING has not been advised to exercise his power of disallowance with respect to the following Ordinance :-

Ordinance No. 18 of 1932.-An Ordinance to amend the law relating to the

Registration of United Kingdom Patents.

R. A. C. NORTH,

COUNCIL CHAMBER,

2nd November, 1932.

Deputy Clerk of Councils.

APPOINTMENTS, &c.

　　　　No. 697.-His Excellency the Officer Administering the Government has been pleased to appoint Mr. JOHN HENRY BURKILL LEE to be an Assistant to the Secretary for Chinese Affairs in addition to his other duties, with effect from 5th November, 1932.

4th November, 1932.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 4, 1932. 777

No. 698.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

The following is published for general information.

4th November, 1932.

E. R. HALLIFAX,

Colonial Secretary.

HONG KONG.

The Air Navigation Directions (Hong Kong), 1932.

The following Directions are issued by the Governor under Article 30 of the Air Navigation (Colonies, Protectorates and Mandated Territories) Order, 1927.

1. Paragraph 95A of Section XIV of The Air Navigation Directions, (Hong Kong), 1932, which was published as Notification No. 254 in the Gazette of the 29th April, 1932, is revoked.

2. Paragraph 136 of Section XIX of The Air Navigation Directions, (Hong Kong), 1932, (No. 1) which were published as Notification No. 31 in the Gazette of the 15th January, 1932, is revoked.

3. The following sub paragraph is substituted for sub paragraph (1) of paragraph 51 of Section VIII of The Air Navigation Directions (Hong Kong), 1932, (No. 1) which were published as above mentioned:

(1) A ground engineer who carries out an inspection under paragraph 50 shall be qualified in accordance with the following provisions :-

(a) Inspection of the complete aircraft including engine installation, controls, fuel, oil and water systems, instruments, electrical services and other appliances, shall be carried out by a ground engineer licensed in Category B in respect of aircraft of the type in question (see paragraph 33 of Section VI).

(b) Inspection of the engine, or engines, after complete overhaul shall be carried out by a ground engineer licensed in Category D in respect of engines of the type, or types, in question.

(c) Either inspection may be carried out by the same ground engineer provided that he is licensed in both Categories B and D.

778

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 4, 1932.

ASSESSOR'S OFFICE.

No. 699.--The following alterations in house numbers are hereby notified.

NEW NUMBERS.

OLD NUMBERS.

LOT

新門牌

舊門牌

NUMBERS.

WING HING STREET.

永興街

From No. 3 Hing Fat Street.

REMARKS.

NORTH SIDE.

ODD NUMBERS.

三號

號號

一三號

I.L. 2166 S.A.

Factory.

-號

S.B.

五號

九號

125

七號

九號

五號

S.C.

•號

三號

一三號

號

17 to 31 一七號至

三一號

SOUTH SIDE.

二號

Here is Whitfield.

I. L. 2373 R.P. New houses.

EVEN NUMBERS.

I.L. 2235.

Factory.

Here is Whitfield.

四號

I.L. 2372 R.P. Factory.

YEE WO STREET.

怡和街

From Great George Street to Causeway Bay Road.

SOUTH SIDE.

EVEN NUMBERS.

九六號

三七號

I.L.1408.

九八號

三八號

100

一百號

三九號

102

一零二

四零號

多多

104

一零四

四一號

106

一零六

四二號

4th November, 1932.

Here is Caroline Road.

加路連道

EDWIN TAYLOR,

Treasurer and Assessor of Rates.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 4, 1932.

OFFICE OF REGISTRAR OF TRADE MARKS.

779

　　　No. 700.--It is hereby notified that the registration of the following trade marks has expired and that they will be removed from the Register of Trade Marks on the 5th December, 1932, unless the prescribed fees for renewal of registration are paid before that date:-

Number of Trade Marks.

Names and Addresses of Proprietors.

Date of Expiration of Registration.

File

Nos.

No. 38 of 1919.

The Sun Company, Limited, 185-195, Des Voeux Road Central, Hong Kong.

9th October, 1932.

247 of 1932.

Nos. 2, 3 and 4 of 1919.

Wing Yuen Mau,

1st October, 1932.

169, Queen's Road West, Hong Kong.

245 of 1932.

3rd November, 1932.

E. L. AGASSIZ,

Registrar of Trade Marks.

OFFICE OF REGISTRAR OF TRADE Marks.

No. 701.-It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909 :-

Number

Marks.

Date of Registration.

Names and Addresses of Owners.

Period of Renewal.

Classes in which renewed.

File Nos.

No. 20 of 1919.

4th November, 1918.

Steel Coulson & Co., Ltd., Greenhead Brewey, 80, Canning Street, Glasgow, Scotland.

4th November,

1946.

276 of 1932.

Nos. 53, 54 and 55 of 1919.

29th October, 1918.

No. 1 of 1919.

11th September, 1918.

Lanman & Kemp-Barclay & Co., Inc., No. 135-137, Water Street, Borough of Manhattan, New York, United States of America.

Hung Man Yuk, Trading as Seng Woo and Company, of No. 92, Des Voeux Road West, Hong Kong.

3rd November, 1932.

29th October,

1946.

3 and 48

255 of 1932.

11th September, 1946.

201 of 1932.

...

E. L. AGASSIZ,

Registrar of Trade Marks.

780

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 4, 1932.

SUPREME COURT.

No. 702. It is hereby notified that the name of FAR EAST BREWERY, DISTILLERS AND DAIRY FARM, LIMITED, has been struck off the Register.

4th November, 1932.

E. P. H. LANG,

Registrar of Companies

LAND REGISTRY OFFICE.

　　　　No. 703.-It is hereby notified for general information that the Cancellation of the Memorial of Re-entry on Kowloon Inland Lot No. 2817 has been registered according to law.

1st November, 1932.

PHILIP JACKS,

Land Officer.

MEDICAL DEPARTMENT.

No. 704.-The following addition to the Dental Register published in Govern- ment Notification No. 285 of the 4th May, 1932, pursuant to Ordinance No. 16 of 1914, is published for general information.

4th November, 1932.

Exempted Person: Mr. HIN IU TSANG.

A. R. WELLINGTON, Director of Medical and Sanitary Services.

MEDICAL DEPARTMENT.

No. 705.-The following additions to the Dental Register published in Govern- ment Notification No. 285 of the 4th May, 1932, pursuant to Ordinance No. 16 of 1914, is published for general information.

Name.

Address.

Han Shing Wan 尹衡聲

12, D'Aguilar Street.

Sik Leung Kwong 鄺錫良

74, Queen's Road Central.

28th October, 1932.

Qualification and Date.

Licentiate in Dental Surgery of the Royal College of Surgeons (Edin- burgh), dated 9th July, 1932.

Doctor of Dental Surgery of the Univer- sity of Southern California, dated June, 1932.

A. R. WELLINGTON,

Director of Medical and Sanitary Services.

心

}

782

THE HONGKONG GOVERNMENT GAZETTE. NOVEMBER 10, 1932,

EXECUTIVE COUNCIL.

No. 706.

Hong Kong.

ORDINANCE No. 1 of 1903.

BUILDINGS).

(PUBLIC HEALTH AND

It is hereby notified that under Section 90 of the Public Health and Buildings Ordinance, 1903, His Excellency the Governor-in-Council has ordered that Section D of the Mount Caroline Cemetery shall be closed from and after 5th November, 1932.

COUNCIL CHAMBER,

No. 707.

5th November, 1932.

D. W. TRATMAN,

Clerk of Councils.

Hong Kong.

Order made by the Governor in Council on the 10th day of November, 1932, under Regulation No. 25 of the Emergency Regulations published in the Government Gazette of the 2nd October, 1931, by Government Notification No. 621.

The Governor in Council orders the suppression, for the period of fourteen days, of the printing and publication of the newspaper TIN NAM YAT Po.

COUNCIL CHAMBER,

20th October, 1932.

D. W. TRATMAN,

Clerk of Councils.

LEGISLATIVE COUNCIL.

No. 708.

LEGISLATIVE

COUNCIL, No. 16.

Thursday, 27th October, 1932, at 2.30 p.m.

PRESENT:

HIS EXCELLENCY THE OFFICER ADMINISTERING THE GOVERNMENT.

(Hon. Mr. WILFRID THOMAS SOUTHORN, C.M.G.).

The Honourable the Colonial Secretary, (Mr. EDWIN RICHARD HALLIFAX, C.M.G., C.B.E.). the Attorney General, (Mr. CHALONER GRENVILLE ALABASTER, K.C.,

O.B.E.).

the Secretary for Chinese Affairs, (Mr. ALAN EUSTACE WOOD). the Colonial Treasurer, (Mr. EDWIN TAYLOR).

Mr. EDWARD DUDLEY CORSCADEN WOLFE, C.M.G., (Inspector General

of Police).

Commander GEORGE FRANCIS HOLE, R.N. (Retired), (Harbour Master). Dr. ARTHUR ROBARTES WELLINGTON, (Director of Medical and Sanitary

Services).

Mr. RICHARD MCNEIL HENDERSON, (Acting Director of Public Works). Sir HENRY EDWARD POLLOCK, Kt., K.C.

Mr. WILLIAM EDWARD LEONARD SHENTON.

782

THE HONGKONG GOVERNMENT GAZETTE. NOVEMBER 10, 1932,

EXECUTIVE COUNCIL.

No. 706.

Hong Kong.

ORDINANCE No. 1 of 1903.

BUILDINGS).

(PUBLIC HEALTH AND

COUNCIL CHAMBER,

No. 707.

5th November, 1932.

D. W. TRATMAN,

Clerk of Councils.

Hong Kong.

The Governor in Council orders the suppression, for the period of fourteen days, of the printing and publication of the newspaper TIN NAM YAT Po.

COUNCIL CHAMBER,

20th October, 1932.

D. W. TRATMAN,

Clerk of Councils.

LEGISLATIVE COUNCIL.

No. 708.

LEGISLATIVE

COUNCIL, No. 16.

Thursday, 27th October, 1932, at 2.30 p.m.

PRESENT:

HIS EXCELLENCY THE OFFICER ADMINISTERING THE GOVERNMENT.

(Hon. Mr. WILFRID THOMAS SOUTHORN, C.M.G.).

The Honourable the Colonial Secretary, (Mr. EDWIN RICHARD HALLIFAX, C.M.G., C.B.E.). the Attorney General, (Mr. CHALONER GRENVILLE ALABASTER, K.C.,

O.B.E.).

the Secretary for Chinese Affairs, (Mr. ALAN EUSTACE WOOD). the Colonial Treasurer, (Mr. EDWIN TAYLOR).

Mr. EDWARD DUDLEY CORSCADEN WOLFE, C.M.G., (Inspector General

of Police).

Commander GEORGE FRANCIS HOLE, R.N. (Retired), (Harbour Master). Dr. ARTHUR ROBARTES WELLINGTON, (Director of Medical and Sanitary

Services).

Mr. RICHARD MCNEIL HENDERSON, (Acting Director of Public Works). Sir HENRY EDWARD POLLOCK, Kt., K.C.

Mr. WILLIAM EDWARD LEONARD SHENTON.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 10, 1932. 783

The Honourable Mr. ROBERT HORMUS KOTEWALL, C.M.G., LL.D.

Mr. JOSÉ PEDRO BRAGA.

Mr. JOHN JOHNSTONE PATERSON.

Mr. CHAU TSUN-NIN.

Mr. WILLIAM HENRY BELL.

Mr. ROLAND ARTHUR CHARLES NORTH, (Deputy Clerk of Councils).

ABSENT:

His Excellency the General Officer Commanding the Troops, (Major-General JAMES

WALTER SANDILANDS, C.B., C.M.G., D.S.O.).

The Honourable Mr. Ts'o SEEN-WAN, O.B.E., LL.D.

1. The Council met pursuant to adjournment. His Excellency the Officer Adminis-

tering the Government occupied the Chair.

MINUTES.

2. The Minutes of the Meeting held on the 20th October, 1932, were confirmed.

PAPERS.

3. The following papers were laid on the table :-

Order made by the Governor in Council under Regulation No. 25 of the

Emergency Regulations, dated 20th October, 1932.

Rescission of the Order made by the Governor in Council on the 6th July, 1932, under the Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, dated 20th October, 1932.

Rescission of the Order made by the Governor in Council on the 18th July, 1932, under the Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, dated 21st October, 1932.

Rescission of the Order made by the Governor in Council on the 18th August, 1932, under the Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, dated 21st October, 1932.

Resolution made and passed by the Legislative Council under section 39 of the Liquors Ordinance, 1931, Ordinance No. 36 of 1931, dated 20th October, 1932.

REPORT OF THE FINANCE COMMITTEE.

4. The Colonial Secretary laid on the table the Report of the Finance Committee

(No. 11), dated the 20th October, 1932, and moved its adoption. The Colonial Treasurer seconded.

Question-put and agreed to.

MOTIONS.

5. Companies Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to consolidate and amend the law relating to Companies."

The Colonial Secretary seconded. Question-put and agreed to.

Bill read a first time.

6. Empire Preference Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to secure an increased trade between the Colony and other parts of the British Empire."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

In clause 2 the words "of Great Britain and Ireland," in lines 1 and 2 were

deleted.

On Council resuming, the Attorney General reported that the Bill had passed through Committee with one immaterial amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

7. Supreme Court (Admiralty Procedure) Amendment Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to amend the Supreme Court (Admiralty Procedure) Ordinance, 1896."

784

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 10, 1932.

The Colonial Secretary seconded.

Question-put and agreed to. Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

8. Marriage Amendment Bill.-The Attorney General moved the Second reading of

the Bill intituled "An Ordinance to amend the Marriage Ordinance, 1875." The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

9. Divorce Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to confer on the Supreme Court Jurisdiction in Divorce and Matrimonial causes.'

The Colonial Secretary seconded.

The Hon. Mr. J. P. BRAGA, the Hon. Mr. J. J. PATERSON and the Attorney General

addressed the Council.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

The Hon. Mr. J. P. BRAGA addressed the Council in Committee and moved the following amendment to clause 4 "That sub-section one be struck out and sub-sections two and three be renumbered one and two".

On the Amendment being put to the vote it was declared lost.

Clauses 5, 6, 7, 8, 9, 10 and 11 were agreed to, Mr. BRAGA dissenting.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

ADJOURNMENT.

10. The Council then adjourned until Thursday, the 10th day of November, 1932,

at 2.30 p.m.

Confirmed this 10th day of November, 1932.

R. A. C. NORTH,

·Deputy Clerk of Councils.

W. T. SOUTHORN, Officer Administering the Government.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 10, 1932. 785

APPOINTMENTS, &c.

　　No. 709. It is hereby notified that Mr. HAROLD KENNARD HOLMES, C.B.E., resumed duty as Crown Solicitor, on the 3rd November, 1932.

9th November, 1932.

　　No. 710.-The King's Exequatur empowering Messrs. CECIL B. LYON and J. ERNEST BLACK to act as Vice-Consuls for the United States of America in Hong Kong has received His Majesty's signature.

8th November, 1932.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. 711.-It is hereby notified that a competitive examination for the Indian Civil Service, open to all qualified persons, will be held in London in July and August, 1933, and that copies of the regulations, syllabus of examination, and forms of application to be filled up by the candidates may be seen on application at this office.

10th November, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

　　No. 712. A Qualifying Examination for appointments of Probationer Clerks in Government Service will be held in Queen's College Hall on Monday, 9th January, 1933, at 9.00 a.m. when all candidates will be examined in English Dictation, and on Thursday, 12th January, 1933, when only those who have passed in Dictation will be examined in Arithmetic, Composition, General Knowledge, Translation from English to Chinese and from Chinese to English.

　　Intending candidates must forward to the Assistant Colonial Secretary on or before Thursday, 29th December, 1932, a copy of a Certificate as to character and education from the Headmaster of their last school together with one unmounted photograph on the back of which should be written their name, address and date of birth.

E. R. HALLIFAX,

10th November, 1932.

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

786 THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 10, 1932.

No. 713.

}

林榮鑫林星如

陳愛

His Excellency the Officer Administering the Government has been pleased, under

section 3 (2) of the Vaccination Ordinance, 1923, Ordinance No. 12 of 1923, to authorise

the following persons to perform vaccinations :--

Lam Wing Kam

Lam Sing Yu

Chan Ngoi

Lo Hok Pui

盧學培

Chan Chi Sang

陳志燊

Un King Kwong

袁景光

Lau Iu Kwong

劉堯光

Un King Ming

袁景明

Jim Wang Ip

詹宏業

Cheng Men

鄭蚊

Tam Pak Tat

Wong Yiu Sang

譚伯達

黃耀生

Chung Kam Chuen

鍾錦全

Kwok Hing Wing

郭慶榮

Yung Man

容文

Cheng Chong Shing

邱創成

Wong Fong

黃芳

Chiu Sze Sun

趙士信

Chan Kim Wan

陳劍雲

Lau Po Hei

劉寶熙

Chan Fook Kai

陳福基

Lau Po Ting

劉寶定

Li Ho

李賀

Ho Shair Kwong

何社江

Chan Man Kai

陳文楷

Un Shu Sum

袁樹森

Kwan Sit Kwan

關燮鈞

Pun Ka Yan

潘家仁

Yuen Fung Cheung

袁鳳翔

Ng Man Chiu

伍文釗

Hau Sun Chi

侯新珠

Lo Ka Kim

盧家儉

Tung Kim Shing

董劍惺

Yeung Hung Sang

楊鴻生

Chui Koon Hee

崔冠熙

Leung Sui Sang

梁瑞生

Lam Chi Fung

林子峰

Fan Shiu Nam

范少南

Lo Ka Hing

盧家興

Shi Man Tsun

施文泉

Lau Woon Cheung

劉煥章

Ng Sum Fook

伍森馥

Leung Ping Kwan Fan Chee

梁炳坤

Chan Shiu Lun

陳兆麟

樊枝

Au Yeung Kin Chi

歐陽健智

Lam Har Kam

林霞錦

Wong Pak Sum

黃柏森

Yuen Sun Fat

袁新發

Chan Ping Hang

陳秉衡

Ng Koon Sheung

吳冠常

Yeung Wing Fai

楊榮輝

Lee Ping Wai

李炳威

Man Tsze Ching

文子徵

Chan Pak Hang

Li Che Keung

陳伯衡

李智強

Tu Tak Yui

姚德耀

Wong Shiu Pui

黃兆沛

Ng Hung Cho

吳洪祖

Li Wai Fun

李惠芬

Kwok Yu Kam

郭汝鍋

Li Pog Yee

李博儀

Tsui Ngok Ping

徐學平

Li Wan Chii

李韞珠

Chii Pak Lam

朱柏林

Li Lai Kuen

Chiu Sze Shing

越士盛

Ma Yuen Cheong

馬潤章

Szeto Chung

Leung Kai Cheung

梁啓祥

Chan Hung

陳洪

Chan Song Kau

陳爽蛟

So Hung Lam

蘇鴻林

Chan Yiu Tung

陳耀東

Wong Pak Lam Ho Shiu Man Leung Ping Yiu

黃柏林

Chan Po Lin

Wong Kam Cheung

Chan Wang Fat

Li Wai Hon

Chan Yiu Yee

Cheung Yan Shung

Chan King

李麗娟

陳寶蓮

李維漢

陳耀瑜

司徒宗

陳宏法

陳鏡

何兆文

Ho Kang Po

何鏡波

梁炳耀

Ng Ying Tsoi

吳英才

Chan Kwan Pui

陳均培

Cheung Yau Chee

張佑之

THE HONG KONG GOVERNMENT GAZE ITE, NOVEMBER 10, 1932.

787

Lam So Man

林蘇文

Wan Kai Wah

To Poon Ying

溫啓華杜本盈

Ho Che Kong

何芷江

Peter Leung

梁彼得

Tsang Po Kai Mui Chau Fan Leung Wai Man Chu Kam Wing Ng Kim Hung

會播楷

梅秋帆

梁慧民

朱錦榮

Wong Cho Pang

王祖鶘

Leung Yau Shiu

吳劍雄

梁祐紹

Molly Chan

陳麼利

Cheung Shau Yan

張壽仁

Chan Chi Ching

陳智真

Li Po King

李寶瓊

Lui Lai

Kwong Man Ban

雷勵

鄺文彬

Li Pui Chun

李佩珍

Cheng Hin Cheung

鄭顯祥

Chan Lai Ying Fan Yuk Chun

陳麗英

Lo Kar Kui

盧家駒

范玉珍

Choi Kwong Chin

蔡光前

Leung Pui Chun

梁佩珍

To Kwok Ching

Chung Fung Ying

Chan Pui Cheung

Ko Big Wan

杜覺貞鍾鳳樓陳佩璋高碧雲

Lee Shik Tin Ma Wing Chuen Lai Chee Ming Chau Kai Chiu

李式典

馬永詮

黎志明

周啓昭

Leung Min Chak

梁綿澤

Chan Kit Hing Chan Yim Hing Chan Mui Hing

陳潔卿

Chung Po Man

鍾寶民

陳艷卿

Lau Chee Hong

劉志康

陳妙卿

So Ming Shin

Ma Yung

蘇明善馬榕

Kwan Sai Wah Lo Pak Tong

關世華

羅北堂

Yung Wing Yee

容永儀

Mok Hing U

莫慶楡

Yu Wing Kwong

余榮光

Tong Kim Hong

唐健康

Wong Man Kit

黃曼傑

Leung Shiu On

梁兆安

Leung Tse Fung

梁子峯

Mok Ying Kwai

Chan Ping Kwong

Chik Shin Fook

Yeung Bo Shan Ng Kam Chuen Chan Pui Wah Yung Sun Bun

莫應溎陳炳光植兆福楊寶山吳金泉陳培華

Yam Sik Yan

任錫恩

Wong Man Tin Fung Yiu Wai Tso Yew Man

黃曼天

馮耀懷

曹耀文

Lo Yuk Wing

羅毓榮

Niu Yue Lam

繆汝霖

翁孫斌

Pang Man Wai

彭偉

Choi Chung Wong Tong Yuet Cheuk Chow Hung Pak Wong Yew Sang

蔡松E

Au Yeung Woo Wong Shu Wah

Kwok Man Keung

歐陽和

汪樹華

郭民强

唐悅焯周洪柏

Kong Kat Sheung

江吉常

Leung Wing Teck

梁榮德

Yeung Chupoh

黃耀生楊緝甫

Tsui Yan Hing

徐仁慶

Li Sik Fan

Ip Wah Sun

Kan Chap Man

Li Kam To

李錫芬葉華新簡緝交李錦濤

Li Kwai Sang

李貴生

Fung Ying Sing

馮應星

Leung Che To Tsang Ki Kwan Chang Kiu Sing Yeung Luk Sin Tsoi Hin Kan Tse Long Chiu Chung Yuk Mui

梁志濤

會其焜

鄶橋盛

楊綠先

蔡顯勤

謝謝超

鍾汏梅

Tang Hung Yau Tam Kwok Chi Wong Yat Hung Wong Sing Chuen

鄧洪有

譚國治

Yau Pak Tung Liu Yuk Wa

丘伯通

廖毓華

黃日洪

Lam Tat Hung

林達雄

黃星泉

Tam Choi

譚才

Cheng Ching Lun

鄭淸麟

Tam Sun

譚新

788 THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 10,1932.

Cheung Chi Fai

張志輝

Chan Wing Kwong

陳榮光

Cheng Ching Hung

鄭清洪

Ilo Chok Nam

何作南

Wong Iu Sheng

王耀常

Hui Shing Kai

許勝溪

Ho Lok Man

何樂文

Ip Ping Kei

Yu Hing Wan

余慶雲

Leung Kwok Tok

梁國雞

Cheuk Hung Kwong

·卓雄光

Cheuk Kwai Shing

卓佳誠

Lam Shiu So

林少蘇

T. Ali

Fung Hoi Shun

封凱旋

A. C. Ghafur

M. Hussain

M. I. Razack

A. M. Rumjahn

M. Y. Adai

M. A. Salleh

J. Hoosen

葉炳基

M. H. Jono

9th November, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Survey District IV Lot No. 939 R.P.

No. 714. -Take notice that Survey District IV Lot No.939 R.P. is required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

10th November, 1932.

E. R. HALLIFAX,

Colonial Secretary.

布政司夏

人選定則公斷局可代其選定一人告期滿一星期內該地業主尚未有同公斷局議定應補置若干如此通理又該地業主須自行選舉一人會十年政府收回公地則例修正者辦

收网公地則例卽北經一千九百三收回至如何補置則按一千九百年公益湏由今日起限一個月內將其百三十九號地段之餘現因舉辦通告事照得丈量約份第四約第九

爲此訂議此布

壹千九百卅二年十一月十日

百三十九號地段之餘業主右通告丈量約份第四約第九

篇

788 THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 10,1932.

Cheung Chi Fai

張志輝

Chan Wing Kwong

陳榮光

Cheng Ching Hung

鄭清洪

Ilo Chok Nam

何作南

Wong Iu Sheng

王耀常

Hui Shing Kai

許勝溪

Ho Lok Man

何樂文

Ip Ping Kei

Yu Hing Wan

余慶雲

Leung Kwok Tok

梁國雞

Cheuk Hung Kwong

·卓雄光

Cheuk Kwai Shing

卓佳誠

Lam Shiu So

林少蘇

T. Ali

Fung Hoi Shun

封凱旋

A. C. Ghafur

M. Hussain

M. I. Razack

A. M. Rumjahn

M. Y. Adai

M. A. Salleh

J. Hoosen

葉炳基

M. H. Jono

9th November, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Survey District IV Lot No. 939 R.P.

10th November, 1932.

E. R. HALLIFAX,

Colonial Secretary.

布政司夏

爲此訂議此布

壹千九百卅二年十一月十日

百三十九號地段之餘業主右通告丈量約份第四約第九

篇

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 10, 1932.

COLONIAL SECRETARY'S DEPARTMENT

To the Owner of Survey District IV Lot No. 942.

789

　　No. 715.-Take notice that Survey District IV Lot No. 942 is required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbi- trators to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

10th November, 1932.

E. R. HALLIFAX,

Colonial Secretary.

布政司夏

議此佈

則公斷局可代其選定一人爲其訂一星期內該地業主尙未有人選定局議定應補置若干如此通告期滿地業主須自行選舉一人會同公斷府收回公地則例修正者辦理又該地則例卽其經一千九百三十年政如何補置則按一千九百年收回公由今日起限一個月內將其收回至百四十二號地段現因舉辦公益須通告事照得丈量約份第四約第九

右通告丈量約份第四約第九

一千九百卅二年十一月十日

百四十二號地段業主

九爲

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Survey District IV Lot No.952.

No. 716.-Take notice that Survey District IV Lot No. 952 is required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

10th November, 1932.

E. R. HALLIFAX,

Colonial Secretary.

790

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 10, 1932.

1 府

布政司夏

議此布

百五十二號地段現因舉辦公益須

通告事照得丈量約份第四約第九

則公斷局可代其選定一人爲其訂

一星期內該地業主尙未有人選定

局議定應補置若干如此通告期滿

地業主須自行選舉一人會同公斷

府收回公地則例修正者辦理又該

地則例卽其經一千九百三十年政

如何補置則按一千九百年收回公

由今H起限一個月內將其收回至

右通告丈量約份第四約第九

百五十二號地業主

一千九百卅二年十一月十日

SUPREME COURT.

No. 717.-It is hereby notified for general information that, pursuant to section 5 of the Criminal Procedure Ordinance, 1899, His Honour the Chief Justice has ordered that the next Criminal Sessions for the despatch of the business of the Court shall be held on Monday, the 21st day of November, 1932, at 10 o'clock in the forenoon.

9th November, 1932.

E. P. H. LANG,

Registrar.

SUPREME Court

　　　　　No. 718. It is hereby notified that the name of GRABER, PATTARD AND COMPANY, LIMITED, has been struck off the Register.

10th November.19.32.

E. P. H. LANG.

Registrar of Companies

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 719.-It is hereby notified that the registration of the following trade mark has expired and that it will be removed from the Register of Trade Marks on the 11th December, 1932, unless the prescribed fee for renewal of registration is paid before that date :-

Number of Trade Mark.

Name and Address of Proprietor.

Date of Expiration of

Registration.

File No.

No. 96 of 1919.

10th November", 1932.

J. Osawa and Company, No. 5, Queen's Road Central, Victoria, Hong Kong.

11th November, 1932.

279 of 1932.

E. L. AGASSIZ, Registrar of Trade Marks.

DATE.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 10, 1932. 791

ROYAL OBSERVATORY.

　　　No. 720.-Extract of Meteorological Observations made at the Royal Observatory, Hong Kong, during the month of October, 1932.

BAROMETER

AT M.S.L.

TEMPERATURE.

HUMIDITY.

Max.

Mean.

Min.

Rel.

Abs.

CLOUDINESS.

SUNSHINE.

WIND.

RAIN.

Mean Mean

Dir.

Vel.

Miles

October

ins.

29.90

p. e.

ins.

p. c.

hrs.

ins.

Points.

p.h.

31.9 78.9

76.9

0.74

2.3

0.005

11.8

.88

82.8

79.2

77.2

.80

4.0

E by S

8.5

.90

83.0

78.9

76.2

-77

5.6

0.035

E by S

9.2

.97

82.4

78.9

76.0

.65

4.9

13.6

5,.

30 03

78.8

75.6

73.7 63

-55

100

8.0

.04

78.3

75.2 72.0

.58

3.8

0.025

10.9

.02

80.2

7..

76.6

74.5

.62

2.9

...

10.7

.03

79.0

74.8

71.1

.64

100

O. I

NE by E

8.8

9..

.07

79.0

75.1

71.5

.62

2.5

NE by E

15.8

10,

.12

77.0

73.7

71.0

.61

100

9.6

MI..

.14

79.5

74.7

71.0

.63

6.5

NE by E

12.6

12..

.13 80.3

76.2

71.0

.60

3.6

E by N

14.8

13,.

.05

83.6

76.7

70.8 68

.63

10.2

NNE

4.9

14..

29.98

81.0

76.5

73.1

.68

9.9

9.0

15., •

.98

82.0

77-3 75.2

.69

8.3

15.5

16..

.99

81.5

77.0

74.8

.61

10.8

19.9

17..

.99

80.0 76.3

74.1

.60

7.2

E by N

19.9

18..

.99

80.7 76.9

74.9

.66 84

3.1

E by N

19.2

19..

.98

81.9 75.7 73.7

3.2

10.5

20.

30.03

81.1

74-7 68.3

772

.62

1.5

NNE

7.5

2!..

.10

77.3

71.7

66.2 66

.52

3.1

NNE

4.0

22..

.06

79.5

74.5 71.7

.61

3.8

10.7

23..

,02 80.5

75.9 73.2

.68

9.6

15.7

24..

29.96 84.3

76.9 72.3

.67

10.5

E by N

12.2

25..

.94

81.9 75.6 72.1

.61

10.0

9.0

26..

.98

81.6

74.9 70.3

.54

9.9

4.7

27..

.96

83.1 77.4 72.0 60

.56

9.7

N by E

6.5

28..

.91

85.9

79.6 74.8 60

.60

6.5

7.0

29,.

.92

76.5

74.0 71.7

.62

30,.

.95

79.0 74.8 72.2

.64

0.020

14.0

NE by N

15.2

31..

30.04

77.0

74.0 72.5 78

.65

0.2

E by N

18.7

Mean.... 30.00

80.7 76.1 72.8

0.64

67 153.7

0.085

ENE

11.6

MEANS AND EXTREMES FOR OCTOBER :-

　　Maximum,. Normals,

30.08

Minimum,

84.3 79.3 75.6 80

29.99

80.7 76.! 72.5 72 29.89 78.1 74.2 70.1

0.80 0.66

0.54

283.6 22.985

17.2

50 218.9 4.657 E by N

13.6

27 137.5 0.015

9.8

　　　　The rainfall for the month of October at the Botanical Gardens was Oins. 01 on 1 day, at the Matilda Hospital, Mount Kellett, it was (ins. 23 on 5 days, at Fanling, Qins. 72 on 4 days, and at the Police Station, Taipo, (ins. 15 on 3 days.

The lowest reading of the barometer (M.S.L.) was 29ins. 830 at15 h. 00m. on the 2nd.

The maximum gust velocity as recorded by the Dines-Baxendell anemograph, was at the rate of 38 miles per hour at 3h. 40m. on the 17th.

C. W. JEFFRIES,

Director.

8th November, 1932.

No. 51.

CROWN SOLICITOR.

Vol. LXXVIII.

IT.

QUI

MAL

·PE

DIEU

MON

DROIT

The Hong Kong Government Gazette Extraordinary

Published by Authority

THURSDAY, NOVEMBER 17, 1932.

The following Notifications are published,

By command,

W. T. SOUTHORN,

Colonial Secretary.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT

　　No. 721. It is hereby notified that His Excellency Sir WILLIAM PEEL, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Knight Commander of the Most Excellent Order of the British Empire, having returned to the Colony, resumed the Administration of the Government on 17th November, 1932.

　　No. 722.-It is hereby notified that WILFRID THOMAS SOUTHORN, Esq., Companion of the Most Distinguished Order of Saint Michael and Saint George, resumed duty as Colonial Secretary on the return to the Colony of His Excellency the Governor on 17th November, 1932.

794 THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 17, 1932.

　　　　　　No. 723.-His Excellency the Governor has been pleased to appoint Mr. JOHN GILES PILCHER to be his Private Secretary, with effect from the 17th November, 1932.

No. 724.-His Excellency the Governor has been pleased to appoint Lieutenant REGINALD FREDERICK WALTER, Royal Artillery, to be his Aide-de-Camp, with effect from the 17th November, 1932.

　　　　　No. 725-His Excellency the Governor has been pleased to grant the local rank of Captain to Lieutenant REGINALD FREDERICK WALTER, R.A., A.D.C., with effect from the 17th November, 1932.

W. T. SOUTHorn,

Colonial Secretary.

17th November, 1932.

Printed and Published by NORONHA & Co., Printers to the Hong Kong Government.

796

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

EXECUTIVE COUNCIL.

No. 726.

Hong Kong.

ORDINANCE No. 32 of 1915.

(IMPORTATION AND EXPORTATION).

In exercise of the powers conferred by section 3 of the Importation and Exportation Ordinance, 1915, the Governor in Council rescinds the regulation with regard to the import- ation of aerated waters from China published in the Gazette of the 22nd July, 1932, as Notification No. 478.

COUNCIL. CHAMBER,

15th November, 1932.

D. W. TRATMAN,

Clerk of Councils.

LEGISLATIVE COUNCIL.

No. 727.

Short title and com- mencement.

R1.

Rules made by the Chief Justice under section 114 of the Bankruptcy Ordinance, 1931, Ordinance No. 10 of 1931, on the 15th day of October, 1932, and approved by the Legistative Council on the 10th day of November, 1932.

General Rules.

THE BANKRUPTCY RULES, 1932.

(The marginal references, eg., "R1.", are to the English Bankruptcy Rules, 1915.)

PART I.

PRELIMINARY.

1. These Rules may be cited as "The Bankruptcy Rules, 1932." They shall come into operation on the 1st day of January, 1933, and shall also, as far as prac- ticable, and unless otherwise expressly provided, apply to all matters arising under the Ordinance, and to all proceedings taken in any matters under the Ordin- ance or the Bankruptcy Ordinance, 1891, on or after the said day.

796

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

EXECUTIVE COUNCIL.

No. 726.

Hong Kong.

ORDINANCE No. 32 of 1915.

(IMPORTATION AND EXPORTATION).

COUNCIL. CHAMBER,

15th November, 1932.

D. W. TRATMAN,

Clerk of Councils.

LEGISLATIVE COUNCIL.

No. 727.

Short title and com- mencement.

R1.

General Rules.

THE BANKRUPTCY RULES, 1932.

(The marginal references, eg., "R1.", are to the English Bankruptcy Rules, 1915.)

PART I.

PRELIMINARY.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

797

2. In these Rules, unless the context or subject Interpreta- matter otherwise requires,-

"The Ordinance" means the Bankruptcy Ordinance, 1931.

"Court" means the court as defined by the Bankruptcy Ordinance, 1931, and includes the Registrar when exercising the power of the court pursuant to the Ordinance or these Rules.

Court of appeal" means any court exercising appellate jurisdiction under the Ordinance or these Rules.

"Creditor" includes a corporation, and a firm of creditors in partnership.

"Debtor" includes a firm of debtors in partnership, and includes any debtor proceeded against under the Ordinance, whether adjudged bankrupt or not.

"Name" of a person means both the individual name or names, or the initial letter or contraction of such name or names, and the surname of such person.

"Registrar" includes the Registrar of the Supreme Court and any Deputy Registrar of the Supreme Court.

'Scheme" means composition or scheme of arrangement pursuant to the Ordinance.

"Sealed" means sealed with the seal of the court.

"Taxing officer" includes the Registrar and also any officer or officers of the court whose duty it is to tax costs.

"Trustee" includes the trustee appointed under a composition or scheme of arrangement, and also includes the Official Receiver when acting as trustee.

tion of terms

R3.

3. The provisions of section 123 of the Ordinance Computa- shall apply to these Rules as if the words "these tion of time. Rules" were substituted for the words "this R4. Ordinance' in the first line of the said section.

FORMS.

4.--(1) Subject to the provisions of paragraph (2) of Use of this Rule, the forms in the Appendix where applic- forms in able, and where they are not applicable forms of the Appendix. like character, with such variations as circumstances R.5. may require, shall be used. Where such forms are applicable any costs occasioned by the use of any other or more prolix forms shall be borne by or disallowed to the party using the same, unless the court shall otherwise direct.

(2) The Chief Justice may from time to time amend any form in the Appendix or prescribe any new form. Where the Chief Justice amends any form or prescribes any new form, such amended or new form shall be published in the Gazette.

798

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

Matters to

be heard

in court.

R6.

Adjourn- ment from

chambers to court and

vice versa.

R9.

Proceedings how intituled. R10.

Form 1.

PART II.

GENERAL PROCEDURE.

Court and Chambers.

5. The following matters and applications shall be heard and determined in open court:

(a) petitions, provided that a debtor's petition may be heard in chambers if urgent, and if the judge so directs;

(b) applications for adjudication;

annul an adjudication:

(d) the public examination of debtors;

(e) applications to approve a composition or

scheme of arrangement;

(f) applications for orders of discharge;

(g) applications to set aside or avoid any settle- ment, conveyance, transfer, security, or pay- ment, or to declare for or against the title of the trustee to any property adversely claimed;

(h) applications for the committal of any person

to prison for contempt;

(i) appeals against the rejection of a proof, or applications to expunge or reduce a proof, where the amount in dispute exceeds two thousand dollars;

applications for the trial of issues of fact with a jury, and the trial of such issues;

(k) any other matter which the Chief Justice

may direct.

Any other matter or application may be heard and determined in chambers, unless the Chief Justice directs that it be heard and determined in open court.

6. Subject to the provisions of the Ordinance and these Rules, any matter or application may,

　　　　　　　　　　　　　at any time, if the 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 is shall be so adjourned.

Proceedings.

7.-(1) Every proceeding in court under the Ordin- ance shall be dated, and shall be intituled "In Bank- ruptcy" and with the name of the matter to which it relates. Numbers and dates may be denoted by figures.

(2) All applications and orders shall be intituled ex parte the applicant.

(2) The first proceeding in every matter shall have a distinctive number assigned to it by the Official Receiver and all subsequent proceedings in the same matter shall bear the same number.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

8. All proceedings of the court shall remain of Records of record in the court, in the custody of the Official the court. Receiver, SO as to form a complete record of R12. each matter, and they shall not be removed for any purpose, except for the use of the officers of the court, or by special direction of the judge or Official Receiver, but they may at all reasonable times be inspected by the trustee or the debtor, or any person on behalf of the trustee or debtor free of charge or, by any creditor who has proved or by any person, on payment of the appropriate fee.

9. All notices required by the Ordinance or these Notices Rules shall be in writing, unless these Rules other- to be in writing. wise provide, or the court shall in any particular

　　　　　　　　　　　　　　　　　　　　　　R13. case otherwise order.

10. Where the court orders a general meeting of Meetings creditors to be summoned under Rule 5 of the First summoned Schedule to the Ordinance it shall be summoned as the by court. court directs, and in default of any direction by the R15. court the Official Receiver, if a trustee other than the Form 39. Official Receiver shall have been appointed, shall trans- mit a sealed copy of the order to the trustee; and the trustee (if any) or Official Receiver (if no trustee shall have been appointed) shall, not less than seven days before such meeting send a copy of the order to each creditor at the address given in his proof, or when he shall not have proved, the address given in the list of creditors by the debtor, or such other address as may be known to the trustee or Official Receiver.

11.-(1) Whenever the Gazette contains any ad Filing, vertisement relating to any matter under the Ördin- gazetting, ance, the Official Receiver shall file with the &c. proceedings in the matter a copy of such advertise- R17.

ment.

(2) In the case of an advertisement in a local paper, the Official Receiver shall in like manner file a copy of the advertisement appearing therein.

(3) For this purpose one copy of each local paper, in which any advertisement relating to any matter under the Ordinance is inserted, shall be left with the Official Receiver by the person inserting the advertisement.

(4) The filed copy of such advertisement shall be primâ facie evidence that it was duly inserted in the issue of the Gazette or paper mentioned.

Preparation of Order.

92.

12. If within one week from the making of an Preparation order of adjudication, order annulling adjudication or of order. rescinding a receiving order, order on application to R37. approve a composition or scheme, order annulling a Forms 78, composition or scheme, or order on application for 80, 70, discharge, such order has not been completed, it 85-90, 91, shall be the duty of the Official Receiver to prepare and complete such order; provided that if in any case the judge shall be of opinion that the provisions of this Rule ought not to apply, he may so order; and provided also that where an order of discharge is granted subject to the condition that judgment shall be entered against the bankrupt, nothing in this Rule shall require the Official Receiver to prepare and complete the order until the bankrupt has given a consent to judgment being entered against him.

799

800

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

Security by bond.

R38.

Form 19.

Amount of bond.

R39

Deposit in lieu of bond.

R40.

Money lodged in

court.

R41.

Security of guarantee society.

R42.

Notice of sureties.

R43.

Form 20.

Justification

•

Security in Court.

13. Except where these Rules otherwise provide, where a person is required to give security, such security shall be in the form of a bond with two sureties to the person proposed to be secured, provided that the court may direct that one surety shall suffice

14. The bond shall be taken in a penal sum, which shall be not less than the sum for which security is to be given, and probable costs, unless the opposite party consents to it being taken for a less sum.

15. Where a person is required to give security he may, in lieu thereof, lodge in court a sum equal to the sum in question in respect of which security is to be given and the probable costs of the trial of the question, together with a memorandum to be ap- proved of by the Registrar and to be signed by such person, his solicitor, or agent, setting forth the con- ditions on which the money is deposited.

16. The rules for the time being in force in the court relating to payment into and out of court of money lodged in court by way of security for costs shall apply to money lodged in court under these Rules.

17. The security of a guarantee association or society approved by the court or the opposite party may be given in lieu of a bond or a deposit.

18. In all cases where a person proposes to give a bond by way of security, he shall serve, by post or otherwise, on the opposite party and on the Registrar, notice of the proposed sureties, and the Registrar may give notice to both parties of the time and place at which he proposes that the bond shall be executed, and may state in the notice that, should the proposed obligee have any valid objection to make to the sureties, or either of them, it must be made at that time.

19. The sureties shall make an affidavit of their by sureties. sufficiency unless the opposite party shall dispense with such affidavit, and such sureties shall attend the court to be cross-examined, if required.

R44.

Form 21.

Execution of bond. R45.

Notice of deposit. R46

Application

of section 126.

R48.

Shorthand notes, &c.

R67. Forms 55, 56, 57,

58.

་

20. The bond shall be executed and attested in the presence of the Registrar or the Official Receiver.

21. Where a person makes a deposit of money in lieu of giving a bond, the Registrar shall forthwith give notice to the person to whom the security is to be given of such deposit having been made.

Exemption from Stamp Duty.

22. For the purposes of section 126 of the Ordin- ance, "bankruptcy" shall include any proceeding under the Ordinance whether before or after adjudica- tion, and whether an adjudication is made or not, and "bankrupt" shall include any debtor proceeded against under the Ordinance.

Shorthand Notes.

23. If the court shall in any case, and at any stage in the proceedings, be of opinion that it would be desirable that a person (other than the person before whom the examination is taken) should be appointed to take down the evidence of the debtor, or of any witness examined at any public or private sitting or private meeting under the Ordinance, in shorthand or otherwise, it shall be competent for the court to

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932. 801

any

make such appointment; and every person so appoint- ed, if not already in the service of the Government, shall be paid a sum not exceeding twenty-five dollars a day, and also a sum not exceeding twenty-five cents per folio of seventy-two words for transcript of the evidence that may be required, and such sums shall be paid by the party at whose instance the appointment was made, or out of the estate, as may be directed by the court. The shorthand writer (if any) attached to the Official Receiver's office shall be deemed to be duly appointed under this rule, and it shall not be necessary to make any application to make such appointment, and a general declaration by such shorthand writer adapted from Form 56 shall be deemed to apply to all cases in which notes are taken by him as aforesaid. A transcript of any such notes, purporting to be such transcript, and purporting to be signed by a shorthand writer duly appointed under this Rule or by the shorthand writer attached to the Official Receiver's office, shall until the contrary is proved be sufficient evidence that the questions and answers set forth therein were so put and answered respectively.

Discovery and Examination under Section 29.

24. Any party to any proceending in court may. Discovery with the leave of the court, administer interrogatories R73 to, or obtain discovery of documents from, any other party to such proceeding. Proceedings under this Rule shall be regulated as nearly as may be by the provisions in the Code of Civil Procedure for the time being in force in relation to discovery and inspection. An application for leave under this Kule may be made ex parte.

25. Every application to the court under section Examination 29 of the Ordinance shall be in writing and shall state under shortly the grounds upon which the application is section 29. made. When the application is made by or on behalf R74. of the trustee or the Official Receiver it need not be Forms 112, verified by affidavit.

113, 114,

Warrants, Arrests, and Commitments.

addressed.

26. A warrant of seizure, or a search warrant, or To whom any other warrant issued under the provisions of the warrants Ordinance, shall be addressed to such officer of the R80. court or to such public officer as the Registrar may Forms 109,

direct.

108, 105, 110, 115.

27. When a debtor is arrested under a warrant Custody and issued under section 27 of the Ordinance, he shall be production given into the custody of the Superintendent of of debtor. Prisons, who shall produce such debtor before the R81. court as it may from time to time direct, and shail Form 110. safely keep him until such time as the court shall otherwise order; and any books, papers, moneys, goods, and chattels in the possession of the debtor, which may be seized, shall forthwith be lodged with the Official Receiver or trustee, as the case may be.

28. (1) When a person is apprehended · under Execution a warrant issued under section 29 (2) of the of warrant. Ordinance, the officer apprehending him shall forth- R82. with bring him before the court to the end Form 115. that he may be examined, and if he cannot im- mediately be brought up for examination or examined, the officer shall deliver him into the custody of the Superintendent of Prisons, and the said Superintend- ent shall receive him into custody and shall produce him before the court as it may from time to time direct or order, and subject to such direction or order shall safely keep him.

༣

802 THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

Form 116.

Application to commit.

R83. Forms 94, 95, 96, 97. Notice and hearing of application.

R84.

Forms 98, 99, 100, 104.

Regulations

as to cost R103.

Solicitor's

costs in case of petition by debtor.

R105.

R109.

(2) The officer executing a warrant issued under section 29 (2) of the Ordinance shall forthwith, after apprehending the person named in the warrant and bringing him before the court as in the last preceding rule mentioned, or after delivering him to the Super- intendent of Prisons report such apprehension or de- livery to the court, and apply to the court to appoint a day and time for the examination of the person so apprehended, and the court shall thereupon appoint the earliest practicable day for the examination, and shall issue its direction or order to the said Super- intendent to produce him for examination at a place and time to be mentioned in such direction or order. Notice of any such appointment shall forthwith be given by the Registrar to the Official Receiver, trustee, or other person who shall have applied for the examination or warrant.

29. An application to the court to commit any person for contempt of court shall be supported by affidavit.

30. Subject to the provisions of the Ordinance and Rules, upon the filing of an application to commit, the court shall fix a time and place to hear the application, notice whereof shall be personally served on the person sought to be committed, not less than three days before the day fixed for the hearing of the application. Provided that in any case in which the court may think fit, the court may allow substituted service of the notice by advertisement or otherwise, or shorten the length of notice to be given.

Costs and Taxation.

31. The regulations as to costs continued in Part II of the Appendix shall, subject to these Rules, apply to the taxation and allowance of costs and charges in all proceedings under the Ordinance and these Rules.

32. The solicitor in the matter of a bankruptcy petition presented by the debtor against himself shall, in his bill of costs, give credit for such sum security (if any) as he may have received from the debtor, as a deposit on account of the costs and expenses to be incurred in and about the filing and prosecution of such petition; and the amount of any such deposit shall be noted by the taxing officer upon the allocatur issued for such costs.

Certificate of 33. Before taxing the bill or charges of any soli- employment. citor, manager, accountant, auctioneer, broker, or other person employed by the Official Receiver or trustee, the taxing officer shall require a certificate in writing, signed by the Official Receiver or trustee, as the case may be, to be produced to him, setting forth whether any, and if so what, special terms of remuneration have been agreed to, and in the case of the bill of costs of a solicitor, a copy of the re- solution or other authority sanctioning the employ-

Notice of appoint- ment.

R112.

Lodgment of bill.

R113.

ment.

34. Every person whose bill or charges is or are to be taxed shall in all cases give not less than four days' notice of the appointment to tax the same to the Official Receiver and to the trustee (if any).

35. The bill or charges, if incurred prior to the appointment of a trustee, shall be lodged with the Official Receiver, and if incurred after the appoint- ment of a trustee, shall be lodged with the trustee, three clear days before the application for the ap- pointment to tax the same is made. The Official Receiver or the trustee, as the case may be, shall forthwith, on receiving notice of taxation, lodge such bill or charges with the taxing officer.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932. 803

36. Every person whose bill or charges is or are Copy of to be taxed shall, on application either of the Official bill. Receiver or the trustec, furnish a copy of his bill or R114. charges so to be taxed. The Official Receiver shall call the attention of the trustee to any items which, in his opinion, ought to be disallowed or reduced and may attend or be represented on the taxation.

37. Where any party to, or person affected by, Applications any proceeding desires to make an application for an for costs. order that he be allowed his costs, or any part of R115. them, incident to such proceeding, and such applica- tion is not made at the time of the proceeding―

(1) such party or person shall serve notice of his intended application on the Official Receiver, and, if a trustee has been appointed, on the trustee :

(2) the Official Receiver and trustee may appear on such application and object thereto :

(3) no costs of or incident to such application shall be allowed to the applicant, unless the court is satisfied that the application could not have been made at the time of the proceeding.

38. Where at the instance of the Official Receiver Costs of

notes.

a shorthand writer not already in the service of shorthand Government is appointed to take notes of the R118. examination of the debtor at his public examination, the cost of such notes shall be deemed to be an expense incurred OP authorised by the Official Receiver, and shall be payable out of the estate of the bankrupt in the order of priority in which such expenses are payable under the provisions of section 37 of the Ordinance.

unnecessary

39. In any case in which, after રી bankruptcy Disallowance petition has been presented by a creditor against a of costs of debtor, and before the hearing of such petition, the petition. debtor files a petition, and a receiving order is made R119. on the petition of the debtor, unless in the opinion of the court the estate has benefited thereby, or there are special circumstances which make it just that such costs should be allowed, no costs shall be allowed to the debtor or his solicitor out of the estate.

costs in case

40. In the case of a bankruptcy petition against a Apportion- partnership, the costs payable out of the estates ment of

to and inclusive of the receiving order of partner- incurred up shall be apportioned between the joint and separate ship. estates in such proportions as the Official Receiver R120. may in his discretion determine.

estates.

41.-(1) Where the joint estate of any co-debtors Costs out is insufficient to defray any costs or charges properly of joint and incurred prior to the appointment of the trustee, the separate Official Receiver may pay or direct the trustee to R121. pay such costs or charges out of the separate estates of such co-debtors, or one or more of them, in such proportions as in his discretion the Official Receiver may think fit. The Official Receiver may also, as in his discretion he may think fit, pay or direct the trustee to pay any costs or charges properly incurred, prior to the appointment of the trustee, for any separate estate out of the joint estate or out of any other separate estate, and any part of the costs or charges of the joint estate incurred prior to the appointment of the trustee which affects any separate estate out of that separate estate.

(2) Where the joint estate of any co-debtors is insufficient to defray any costs or charges properly incurred after the appointment of the trustee, the trustee, with such consent as is hereinafter mention- ed, may pay such costs or charges out of the separate

804

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

estate of such co-debtors, or one or more of them. The trustee, with the said consent, may also pay any costs or charges properly incurred for any separate estate, after his appointment, out of the joint estate, and any part of the costs or charges of the joint estate incurred after his appointment which affects any separate estate out of that separate estate. No payment under this Rule shall be made out of a separate estate or joint estate by a trustee without the consent of the committee of inspection of the estate out of which the payment is intended o be made, or, if such committee withhold or refuse their consent, without an order of the court.

Form of

PART III.

PROCEEDINGS IN BANKRUPTCY.

Declaration of Inability to pay Debts.

42. A declaration by a debtor of his inability to

or the Official

declaration. pay his debts shall be dated, signed, and witnessed.

The witness shall be a solicitor, Receiver or Registrar.

R136.

Form 2.

Issue of notice.

R138.

Forms 4.5.

Indorsement

of address, &c.

R140.

Form 8.

Application

to set aside.

R141. Form 8.

Duration of notice.

R142.

Bankruptcy Notice.

43. A creditor, desirous that a bankruptcy notice. may be issued, shall produce to the Registrar a sealed copy of the judgment or order on which the notice is founded and file the notice, together with a request for issue. The creditor shall at the same time lodge with the Registrar two copies of the bankruptcy notice to be sealed and issued for service.

or,

if no

44.-(1) Every bankruptcy notice shall be in- dorsed with the name and place of business of the solicitor actually suing out the same, solicitor be employed, with a memorandum that it is sued out by the creditor in person.

(2) There shall also be indorsed on every bank- ruptcy notice an intimation to the debtor that if he has a counter claim, set off, or cross demand which equals or exceeds the amount of the judgment debt, and which he could not have set up in the action in which the judgment or order was obtained, he must within the time specified in the notice file an affidavit to that effect with the Registrar.

(3) In the case of a notice served in the Colony the time shall be three days. In the case of a notice served elsewhere with the leave of the court under section 3 of the Ordinance, the Registrar, when issuing the notice, shall fix the time.

45. The filing of such affidavit shall operate as an application to set aside the bankruptcy notice, and thereupon the court shall fix a day for hearing the application, and not less than three days before the day so fixed the Registror shall give notice thereof both to the debtor and the creditor, and their respective solicitors, if known. If the application cannot be heard until after the expiration of the time specified in the notice as the day on which the act of bank- ruptey will be complete, the Registrar shall extend the time and no act of bankruptcy shall be deemed to have been committed under the notice until the application has been heard and determined.

46. Subject to the power of the court to extend the time, a bankruptcy notice to be served in the Colony shall be served within one month from the issue thereof.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932. 805

47. A bankruptcy notice shall be served, and Service of service thereof shall be proved in the like manner as notice. is by these Rules prescribed for the service of a R143. creditor's petition.

Forms 7, 16,

15.

48. When the court makes an order setting aside Setting aside the bankruptcy notice it may at the same time notice. declare that no act of bankruptcy has been committed R144. by the debtor under such notice.

Form 9.

Petitions

49.-(1) Where a petition is presented by a Description debtor he shall, besides inserting therein his name and address and description, and his address at the date when of debtor. the petition is presented, further describe himself R146. as lately residing or carrying on business at the address or several addresses, as the case may be, at Form 3. which he has incurred debts and liabilities which at the date of the petition remain unpaid or unsatisfied.

(2) Where a petition is presented against a debtor who resides or carries on business at an address other than the address at which the debtor was residing or carrying on business at the time of contracting the debt or liability in respect of which the petition is presented, the petitioning creditor, in addition to stating in the petition the description of the debtor. as of his then present address and description, shall, in the petition, describe the debtor as lately residing or carrying on business at the address at which he was residing or carrying on business when the debt or liability was incurred.

50. Every bankruptcy petition shall be attested. Attestation. If it be attested in the Colony the witness must be R148.

a solicitor or the Official Receiver or Registrar. If it be attested out of the Colony the witness must be a judge or magistrate or a British consul or vice- consul or a notary public.

51.-(1) Upon the presentation of હૈ petition Deposit by either by the debtor or by a creditor the petitioner petitioner. shall deposit with the Official Receiver the sum of one R149. hundred dollars, and such further sum (if any) as the court may from time to time direct, to cover the fees and expenses to be incurred by the Official Receiver; and no petition shall be received unless the receipt of the Official Receiver for the deposit payable on the presentation of the petition is pro- duced to the Registrar.

(2) The Official Receiver shall account for the money so deposited to the creditor, or, as the case may be, to the debtor's estate, and any sum so paid by a petitioning creditor shall be repaid to such creditor (except and so far as such deposit may be required by reason of insufficiency of assets for the payment of the fees of and expenses incurred by the Official Receiver) out of the proceeds of the estate in the order of priority prescribed by section 37 of the Bankruptcy Ordinance.

in Land

52. When a petition is filed the Official Receiver Registration may register a memorial of the petition in the Land of petition Office or in any District Land Office against any office or property registered therein in the name of the debtor. District or in any alias of his, or in his tong name, or in the Land Office. name of any tong in which he has any share or interest, or in the name or names of any wife or concubine of the debtor. This provision shall so far as the nature of the case will admit apply in the case of any person carrying on business in a name or style other than his own.

806

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

Registration of petition in Land Office or District Land Office against partner.

53. The Official Receiver may in either of the cases mentioned in Rules 133 or 135 register a memorial of the petition in the Land Office or in any District Land Office against any property registered in the name or names of any partner or partners in the debtor firm, or in any alias of his or theirs, or in any tong name of his or theirs, or in the name of any tong in which he or they has or have any share or interest, or in the name or names of any wife or concubine of his or theirs respectively.

Security for costs.

R150.

Verification.

E151. Forms 10, 11, 12.

Who to verify.

R152.

Joint

R153.

Creditor's Petition.

54. A petitioning creditor who is resident out of the jurisdiction, or whose estate is vested in a trustee under any law relating to bankruptcy, or against whom a petition is pending under the Ordinance, or who has made default in payment of any costs ordered by any court to be paid by him to the debtor, may be ordered to give security for costs to debtor.

the

55. Every creditor's petition shall be verified by affidavit, and when it is filed there shall be lodged with it one copy to be sealed and issued to the petitioner.

56. When the petitioning creditor cannot himself verify all the statements contained in his petition, he shall file in support of the petition the affidavit of some person who can depose to them.

57. Where a petition is presented by two or more petitioners. creditors. jointly, it shall not be necessary that each creditor shall depose to the truth of all the statements which are within his own knowledge; but it shall be sufficient that each statement in the petition is deposed to by someone within whose knowledge it is.

Service.

R155. Form 14.

Death of debtor before service of petition.

R159.

Service of Creditor's Petition.

58. A creditor's petition may be served in the same manner as a writ of summons.

59. If a debtor against whom а bankruptcy petition has been filed dies before service thereof, the court may order service to be effected on the personal representatives of the debtor, or on the Official Administrator or on such other persons as the court

think fit.

may

Form and contents of order.

R161. Form 13.

Deposit.

R162.

Further deposit necessary. R163.

Interim Receiver.

60. Where an order is made appointing the Official Receiver to be interim receiver of the property of the debtor, such order shall state the nature and, so far as it is known, the locality of the property of which the Official Receiver is ordered to take possession.

61. Before any such order is made, the person who has made the application therefor shall deposit with the Official Receiver the sum of one hundred dollars towards the prescribed fee for the Official Receiver, and such further sum as the court shall direct for the expenses which may be incurred by him.

62. If the sum of one hundred dollars and such fur- ther su so to be deposited for the expenses which may be incurred by the Official Receiver, shall prove to be insufficient, the person, on whose application the order has been made, shall from time to time deposit

-..

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

with the Official Receiver such additional sum as the Official Receiver may from time to time direct; and such sum shall be deposited within 48 hours after the making of a written request therefor. If such additional sum shall not be so deposited, the order appointing the interim receiver may be dis- charged by the court.

63. If an order appointing an interim receiver Repayment is followed by a receiving order, the deposits made of deposit.

by the creditor, on whose application such interim R164. receiver was appointed, shall be repaid to him (except and so far as such deposits may be required by reason of insufficiency of assets for the payment of the fees chargeable, and the expenses incurred by the interim receiver), out of the proceeds of the estate the order of priority prescribed by the Ordinance.

dismissed.

R165.

64. Where, after an order has been made appoint- Damages if ing an interim receiver, the petition is dismissed, petition the court shall, upon application to be made within twenty-one days from the date of the dismissal there- of, adjudicate, with respect to any damages or claim. thereto arising out of the appointment, and shall make such order as the court thinks fit; and such decision or order shall be final and conclusive between the parties.

807

Hearing of Petition.

the Time of

65. The Registrar shall, after reference to Official Receiver, appoint the time and place at which hearing. the petition will be heard, and notice thereof shall be R167. written on the petition and sealed copy, and where the petition has not been served the Registrar may, after such reference as aforesaid, from time to time alter the first day so appointed, and appoint another day and hour.

66. Where there are more respondents than one Several to a petition the rules as to service shall be observed respondents. with respect to each respondent, but where all the R168. respondents have not been served, the petition may be heard separately or collectively as to the respond- ent or such of the respondents as has or have been served, and separately or collectively as to the respondents not then served according as service upon them is effected.

cause.

67. Where a debtor intends to show cause against Debtor a petition he shall file a notice with the Official intending Receiver specifying the grounds on which he intends to show to show cause, and shall post to the petitioning R169. creditor or to his solicitor a copy of the notice, Form 17. in each case three days before the day on which the petition is to be heard.

68. If the debtor does not appear at the hearing, Non-appear- the court may on hearing the petitioning creditor and ance of the Official Receiver either dismiss the petition or debtor. make a receiving order on such proof of the state- R170. ments in the petition and of the amount of assets Forms and liabilities as the court shall think sufficient. 23, 25, 26.

69. On the hearing of the petition the amount of Hearing of assets and liabilities, and, in the case of a creditor's petition. petition, any matters which the debtor shall have R171. given notice that he intends to dispute, shall be proved.

808

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

Non-appear- ance of creditor.

R172.

Application to with- draw petition.

Registra- tion of receiving order or order of

70. If any creditor neglects to appear on his petition no subsequent petition against the same debtor or debtors, or any of them, either alone or jointly with any other person, shall be presented by the same creditor in respect of the same act of bank- ruptcy without the leave of the court.

71. No application to withdraw a petition shall be heard except upon proof that notice of the intended application and a copy of the affidavits support thereof have been duly served upon the Official Receiver not less than seven days before the day named in the notice for hearing the application.

Receiving Order.

72. Where a receiving order or order of adjudica- tion is made the Official Receiver may register a memorial of such receiving order or order of adjudica- tion in the Land Office or in any District Land Office adjudication against any property registered therein in the name of the debtor or in any alias of his, or in his tong name, or in the name of any tong in which he has any share or interest, or in the name or names of any wife or concubine of the debtor.

in Land Office or District

Land

Office.

Registration

73. Where a receiving order or order of adjudica- of receiving tion is made against a firm, the Official Receiver may register a memorial thereof in the Land Office or in any District Land Office against any property registered in the name of any partner or partners in the debtor firm or in any alias of his or theirs, or in any tong name of his or theirs, or in the name of any tong in which he or they has or have any share or interest, or in the name or names of any wife or concubine of such partner or partners.

order or order of adjudication in Land Office, or District Land Office. against partner.

Service of receiving

order.

R182. Forms

25, 26.

Service where

debtor

abroad.

R183.

74. The Official Receiver shall cause a copy of the receiving order sealed with the seal of the court to be served on the debtor.

75. Where a debtor against whom a receiving order has been made is not in the Colony, the court may order service on the debtor of the receiving order, order of adjudication, order to attend the public examination or any adjournment thereof, or of any other order made against, or summons issued for the attendance of the debtor, to be made within such time and in such manner and form as it shall think fit.

notice.

R184.

Receiving 76. A receiving order shall not be made against order on a debtor on a petition in which the act of bankruptcy bankruptcy alleged is non-compliance with a bankruptcy notice within the appointed time, where such debtor shall have applied to set aside such notice until after the hearing of the application, or where the notice has been set aside, or during a stay of the proceedings thereon; but in such case the petition shall be ad- journed or dismissed as the court may think fit.

Stay of

　77. There may be included in a receiving order proceedings. an order staying any action or proceeding against the

debtor or staying proceedings generally.

R185.

Advertise- ment.

R185.

Form 27.

78. Where a receiving order is made, the Official Receiver shall forthwith send notice thereof to the Gazette and to such local newspaper or newspapers as he may think fit.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

79. (1) The costs of all proceedings under the Costs of Ordinance, down to and including the making of a petition, &c. receiving order, shall be borne by the party prosecut- R187, ing the same, unless the court shall order that the debtor shall pay the whole or any part of them, or, in the case of a receiving order being made on a debtor's petition while a creditor's petition against such debtor is pending, that they shall be paid out of the estate. When a receiving order is made on a creditor's petition the costs of the petitioning creditor, including the costs of the bankruptcy notice, if any, sued out by him, shall be taxed and be payable out of the estate.

809

(2) When the proceeds of the estate are not suffi- cient for the payment of any costs properly incurred by the Official Receiver in excess of the deposit be- tween the making of a receiving order and the con- clusion of the first meeting of creditors, the court may order such costs to be paid by the party pro- secuting the proceedings.

80.-(1) An application to the court to rescind a Application receiving order or to stay proceedings thereunder, or to rescind to annul an adjudication, made by any person other order, to

　　　　　　　　　　　　　　　　　　　　　stay pro- than the Official Receiver, shall not be heard except ceedings upon proof that notice of the intended application, thereunder, and a copy of the affidavits in support thereof have or to annul

　　　　　　　　　　　　　　　　　　adjudication. been duly served upon the Official Receiver. Notice

R188. of any such application shall be served on the Official Receiver not less than seven days before the day Forms named in the notice for hearing the application. 79, 18, 19. Pending the hearing of the application, the

the court may make an interim order staying such of the pro- ceedings as it thinks fit.

(2) In any case in which any such applica- Application tion is made by the Official Receiver, four days by Official notice thereof and a copy of

　　　　　any report in sup- port thereof shall be served

　　　　　　　on the debtor and the petitioning creditor (if any): provided that where such service is found to be impracticable by reason of the debtor or the petitioning creditor being out of the Colony or not being able to be found at his or their usual or last known address or places of business no objection shall be taken to the application on the ground of such service not having been effected.

Receiver.

court Report by order Official make Receiver on

to rescind

(3) Where an application is made to the to rescind a receiving order Or annul an of adjudication, the Official Receiver shall and file four days before the day appointed for application hearing the application a report as to the debtor's receiving conduct and affairs, including a report as to his con- order or duct during the proceedings, and the court on the annul ad- hearing of the application shall hear and consider judication. such report and such further evidence as may be adduced by any party, and any objections which may be made by or on behalf of the trustee (if any) or any creditor whom the court may order to be served with notice of the application or may permit to appear thereon. For the purposes of the applica- tion the report shall be primâ facie evidence of the statements therein contained.

(4) For the purposes of this rule the expression. "creditor" includes all creditors who are mentioned. in the debtor's statement of affairs or who have notified to the Official Receiver or trustee that they have, or at the date of the receiving order had, claims against the debtor.

810 THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

How made out.

R189.

Form 28.

Extension of time.

R190.

Statement of Affairs.

81. The statement of affairs shall be made out in duplicate, and one copy shall be verified. The Official Receiver shall file in court the verified state- ment of affairs submitted to him by the debtor.

82. Where any debtor requires any extension of the time for the filing by him of his statement of affairs, he shall apply to the Official Receiver, who may, if he thinks fit, give a written certificate ex- tending such time, which certificate shall be filed, and shall render an application to the court under section 18 of the Ordinance unnecessary.

Adjourn- ments sine die.

R195.

Application to proceed. R196.

Froceeding after

sine die.

Public Examination.

83. Where the court is of opinion that a debtor is failing to disclose his affairs, or where the debtor has failed to attend the public examination or any adjournment thereof, or where the debtor has not complied with any order of the court in relation to his accounts, conduct, dealings, and property, and no good cause is shown by him for such ailure, the court may forthwith commit the debtor for con- tempt of court or may adjourn the public examina- tion sine die, and may make such further or other order as the court shall think fit.

84. The court may on the application either of the Official Receiver or of the debtor appoint a day for proceeding with a public examination which has been adjourned sine die.

85. Where an examination has been adjourned sine die, and the debtor desires to have a day ap- adjournment pointed for proceeding with his public examination, R197. the expense of gazetting, advertising, and giving notice to creditors of the day to be appointed for proceeding with such examination, shall, unless the Official Receiver or trustee, as the case may be, con- sents to the costs being paid out of the estate, be at the cost of the debtor, who shall, before any day is appointed for proceeding with the public examina- tion, deposit with the Official Receiver such sum as the Official Receiver shall think sufficient to defray the expense aforesaid. The balance of the deposit after defraying the expense aforesaid shall be returned to the debtor.

Notice of proceeding after adjournment sine die.

R198.

Form 54.

Public

of debtor who is a lunatic, &c

R199. Forms 60, 61.

86. In any case in which a public examination has been adjourned sine die, and the court after- wards makes an order for proceeding with such public examination, notice to creditors of the time and place appointed for proceeding with such public examination shall be sent by the Official Receiver, and notice shall also be inserted in the Gazette, and in the local paper (if any) in which the notice of the first holding of the public examination was inserted, seven days before the day appointed.

87.-(1) An application for an order dispensing examination with the public examination of a debtor or directing that the debtor be examined in some manner or at some place other than is usual, on the ground that the debtor is a lunatic or suffers from mental or physical affliction or disability rendering him unfit to attend a public examination, may be made by the Official Receiver or by any person who has been appointed by any court having jurisdiction so to do to manage the affairs of or represent the debtor, or by any relative or friend of the debtor who may appear to the court to be a proper person to make the application.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

(2) Where the application is made by the Official Receiver, it may be made ex parte, and the evidence in support of the application may be given by a report of the Official Receiver to the court, the contents of which report shall be received as primá facie evidence of the matters therein stated.

(3) Where the application is made by some person, other than the Official Receiver, it shall be made by motion, of which notice shall be given to the Official Receiver and trustee (if any), and shall, except in the case of a lunatic so found by inquisition, be support- ed by an affidavit of a duly registered medical practitioner as to the physical and mental condition. of the debtor.

(4) Where the order is made on the application of the Official Receiver, the expense of holding the examination shall be deemed to be an expense incurred by the Official Receiver within the meaning of section 37 of the Ordinance. Where the application is made by any other person, he shall, before any order is made on the application, deposit with the Official Receiver such sum as the Official Receiver shall certify to be necessary for the expenses of the examination.

Discharge.

88.-(1) A bankrupt intending to apply for his Application. discharge shall file an application for a day to be R227. fixed for the hearing and when a day for the hear Forms 81, ing has been fixed the Official Receiver shall forth- 82, 83, 84. with send notice thereof to the Gazette and to one local newspaper.

(2) Notice of the day appointed for the hearing of the debtor's application for discharge shall be sent by the Official Receiver to each creditor not less than 14 days before the day so appointed.

89. Without prejudice to the provisions of section Appeals. 98 of the Ordinance, an appeal to the Full Court R229 shall lie at the instance of the Official Receiver from any order of the court made upon an application for the rescission of a receiving order, and at the instance of the Official Receiver or of the trustee (if any) from any order of the court made upon an application for discharge or for annulment of adjudication.

90. In every case of an application by a bank Report of rupt for his discharge, the report of the Official Official Receiver shall be filed not less than seven days before Receiver. the time fixed for hearing the application.

R230.

91. Where a bankrupt intends to dispute any Evidence in statement with regard to his conduct and affairs con- answer to tained in the Official Receiver's report, he shall, not report. less than three days before the hearing of the applica- R231. tion for discharge, give notice in writing to the Official Receiver, specifying the statements in the report, if any, which he proposes at the hearing to dispute. Any creditor, who intends to oppose the discharge of a bankrupt on grounds other than those mentioned in the Official Receiver's report, shall give notice of the intended opposition, stating the grounds thereof, to the Official Receiver and to the bankrupt not less than three days before the hearing of the application.

92. A bankrupt shall not be entitled to have any Costs of of the costs of or incidental to his application for his application. discharge allowed to him out of his estate.

R232.

811

812

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

Orders conditional on consent

to judgment.

R233. Forms 90, 91, 92.

Order.

R234. Forms 85-89.

Gazetting order.

R235.

case of

conditional

93.-(1) Where the court grants an order of dis- charge conditionally upon the bankrupt consenting to judgment being entered against him by the Official Receiver or trustee for the balance or any part of the balance of the debts provable under the bank- ruptcy which is not satisfied at the date of his dis- charge, the order of discharge shall not be signed, completed, or delivered out until the bankrupt has given the required consent.

(2) If the bankrupt does not give the required consent within one month of the making of the con- ditional order the court may, on the application of the Official Receiver or trustee, revoke the order or make such other order as the court may think fit.

94. The order of the court made on an applica- tion for discharge shall be dated on the day on which it is made, and shall take effect from the day on which the order is drawn up and signed; but such order shall not be delivered out or gazetted until after the expiration of the time allowed for appeal, or, if an appeal be entered, until after the decision of the Full Court thereon.

95. When the time for appeal has expired, or, as the case may be, when the appeal has been decided by the Full Court the Official Receiver shall forth- with gazette the same, and advertise it in one local newspaper.

Execution on 96.-(1) An application by the Official Receiver judgment in or trustee for leave to issue execution on a judgment entered pursuant to a conditional order of discharge shall be in writing, and shall

　　　　　　　　　shortly the grounds on which the application is made. When the application is lodged, the Registrar shall fix a day for the hearing.

discharge.

R236.

Accounts of after- acquired property. R237.

Verification of state- ments of after- acquired property. R238.

Form 93.

state

(2) The Official Receiver or trustee shall give notice of the application to the debtor not less than four days before the day appointed for the hearing, and shall at the same time furnish him with a copy of the application. Such notice may be shortened or dispensed with on sufficient grounds, one of which shall be the probability of the debtor absconding.

97. Where a bankrupt is discharged subject to the condition that judgment shall be entered against to his him, or subject to any other condition as to future earnings or after-acquired property, it shall be his duty until such judgment or condition is satisfied, from time to time to give the Official Receiver such information as he may require with respect to his earnings and after-acquired property and income, and not less than once a year to file in the court a statement showing the particulars of any property or income he may have acquired subsequent to his dis- charge.

98. Any statement of after-acquired property or income filed by a bankrupt whose discharge has been granted subject to conditions shall be verified by affidavit, and the Official Receiver or trustee may require the bankrupt to attend before the court to be examined on oath with reference to the state- ments contained in such affidavit, or as to his earn- ings, income, after-acquired property, or dealings. Where a bankrupt neglects to file such affidavit or to attend the court for examination when required so to do, or properly to answer all such questions as the court may put or allow to be put to him, the court may, on the application of the Official Receiver or trustee, rescind the order of discharge, commit the bankrupt for contempt of court or make such other order as it may see fit.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932. 813

99. Where after the expiration of two years Application from the date of any order made upon a bankrupt's for modifica- application for a discharge, the bankrupt applies to tion of order. the court to modify the terms of the order on the R239. ground that there is no reasonable probability of his being in a position to comply with the terms of such order, he shall give fourteen days' notice of the day fixed for hearing the application to the Official Receiver and to all his creditors.

Meetings of Creditors.

100. The Official Receiver shall give three days' Notice to notice to the debtor of the time and place appointed debtor of

first meeting. for the first meeting of creditors. The notice may be either delivered to him personally or sent to him R240. by prepaid letter post, as may be convenient. It Form 35. shall nevertheless be the duty of the debtor to attend such first meeting although the notice is not sent to or does not reach him.

101. The Official Receiver shall fix the day for Notice of the first meeting, and shall forthwith gazette and first meeting. advertise the same in one local newspaper if he con- R241. siders such advertisement desirable. The Official Forms 30, Receiver shall also give notice to the creditors.

31, 40, 43, 44.

102. The notices of subsequent meetings shall be Notices of issued to creditors by the Official Receiver or trustee. other Where no special time is prescribed the notices shall meetings. be sent off not less than three days before the day appointed for the meeting.

R242.

103. Where a meeting of creditors is called by Non- notice, the proceedings had and resolutions passed reception of at such meeting shall, unless the court otherwise notice by orders, be valid, notwithstanding that some creditors R243.

shall not have received the notice sent to them.

creditor.

104. Where a trustee summons a meeting of Notice to creditors he shall send to the Official Receiver a copy of the notice convening the meeting.

Official Receiver of creditors' meetings. R244.

105. A certificate by the Official Receiver or other Proof of officer of the court, or by the clerk of any such notice. person, or an affidavit by the trustee or his solicitor, R245. or the clerk of either of such persons, that the notice Forms of any meeting of creditors or sitting of the court 34, 33, 42, has been duly posted, shall be sufficient evidence of 41. such notice having been duly sent to the person to whom the same was addressed.

R246.

106. Where, on the request of creditors. the Cost of Official Receiver or trustee calls a meeting of credi- creditors' tors, the cost of summoning such meeting, including meetings. all disbursements for printing, stationery, postage, and the hire of a room for the meeting (if necessary), shall be calculated at the following rates for each creditor to whom notice is required to be sent:

(a) where the assets do not exceed $1,000, 50 cents per creditor for the first 20 creditors, and 25 cents per creditor for any number of creditors after the first 20;

(b) where the assets exceed $1,000, 50 cents per

creditor for any number of creditors.

same

ment.

107. Where a meeting of creditors is adjourned, Adjourn- the adjourned meeting shall be held at the place as the original place of meeting, unless in the R248. resolution for adjournment another place is specified. Form 37.

108. In calculating a quorum of creditors present Quorum. at a meeting those persons only who are entitled to R249. vote at the meeting shall be reckoned.

814 THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

Swearing of proof.

R250.

Forms

46, 47.

Workmen's wages. R251.

Form 48.

Production of bills of exchange and promis- sory notes. R252.

Time for lodging proofs.

R253.

Transmis- sion of

proofs to trustee.

R254.

Time for

admission or rejection of proofs by Official

Receiver.

R259.

Form 49.

Time for admission

or rejection of proof by trustee.

R260.

Form 49.

Notice of admission of proof. R261.

Proof of Debts.

109. An affidavit of proof of debt may be sworn or declared before the Official Receiver, or any person authorised to administer oaths or take statutory declarations.

110. In any case in which it shall appear from the debtor's statement of affairs that there are numerous claims for wages by workmen or others employed by the debtor, it shall be sufficient if one proof for all such claims is made either by the debtor, cr by his foreman or some other person on behalf of all such creditors. Such proof shall have annexed thereto, as forming part thereof, a schedule setting forth the names of the workmen or others, and the amounts severally due to them. Any proof made in compliance with this rule shall have the same effect as if separate proofs had been made by each of the said workmen or others.

111. Where a creditor seeks to prove in respect of a bill of exchange, promissory note, or other nego- tiable instrument or security on which the debtor is liable, such bill of exchange, note, instrument, or security must, subject to any special order of the court made to the contrary, be produced to the Official Receiver, chairman of a meeting, or trustee, as the case may be, before the proof can be admitted either for voting or for dividend.

112. A proof intended to be used at the first meet- ing of creditors shall be lodged with the Official Receiver not later than twenty-four hours before the time appointed for the meeting. A proof intended to be used at an adjournment of the first meeting (if not lodged in time for the first meeting) must be lodged not less than twenty-four hours before the time appointed for the adjourned meeting.

113. Where a trustee is appointed in any matter, all proofs of debts that have been received by the Official Receiver shall be handed over to the trustee, but the Official Receiver shall first make a list of such proofs, and take a receipt thereon from the trustee for such proofs.

114. The Official Receiver, as trustee, not later than twenty-one days from the latest date specified in the notice of his intention to declare a dividend, as the time within which such proofs must be lodged, shall either admit or reject wholly or in part every proof lodged with him, or require further evidence in support thereof.

115. The trustee, other than the Official Receiver, within twenty-eight days after receiving a proof which has not previously been dealt with by the Official Receiver, shall, in writing, either admit or reject it wholly or in part, or require further evidence in sup- port thereof: Provided that where the trustee has given notice of his intention to declare a dividend he shall within twenty-one days after the date mentioned in such notice as the latest date up to which proofs must be lodged, examine and in writing admit reject every proof which has not been already ad- mitted or rejected and give notice of his decision re- jecting a proof wholly or in part to the creditor affected thereby.

116. Where a creditor's proof has been admitted the notice of dividend shall be sufficient notification to such creditor of such admission.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

117. No application to reverse or vary the decision Appeal from of an Official Receiver or trustee in rejecting a proof rejection of shall be entertained after the expiration of twenty- proof. one days from the date of the decision complained of. R262.

118. The Official Receiver shall in no case be per- Costs of sonally liable for costs in relation to an appeal appeals from

decisions as from his decision rejecting any proof wholly or in

to proofs. part.

Proxics and Voting Letters.

R263.

119.-(1) A proxy shall be lodged with the Official Filing of Receiver or trustee not later than twenty-four hours proxies. before the time appointed for the meeting or adjourned R264. meeting, at which it is to be used.

(2) As soon as a proxy or voting letter has been used it shall be filed with the proceedings in the

matter.

Forms

50, 51.

120. A proxy given by a creditor shall be deemed Signature to be sufficiently executed if it is signed by any of proxy. person in the employ of the creditor having a general R265. authority to sign for such creditor, or by the authoris- ed agent of such creditor if resident abroad. authority shall be in writing, and shall be produced to the Official Receiver, if required.

Such

creditor

121. The proxy of a creditor blind or incapable of Filling in writing may be accepted if such creditor has attached when his signature or mark thereto in the presence of 3 hiind, eto. witness, who shall add to his signature his descrip- R266. tion and residence, provided that all insertions. in the proxy are in the handwriting of the witness, and such witness shall have certified at the foot of the proxy that all such insertions have been made by him at the request of the creditor and in his presence before he attached his signature or mark.

122. No person shall be appointed a general or Minors not special proxy who is a minor.

to be proxies

R267.

815

Dividends.

123.-(1) Not more than one month before de- Notice of claring a dividend, the trustee shall gazette notice of intended his intention to do so, and at the same time give dividend. notice to such of the creditors mentioned in the R268. bankrupt's statement of affairs as have not proved Forms their debts. Such notice shall specify the latest date 138, 139, up to which proofs must be lodged, which shall be not less than fourteen days from the date of such notice.

(2) Where any creditor, after the date mentioned in the notice of intention to declare a dividend as the latest date upon which proofs may be lodged. appeals against the decision of the Official Re- ceiver or trustee rejecting a proof, such appea! shall be cominenced, and notice thereof given to the Official Receiver or trustee, within seven days from the date of the notice of the decision against which the appeal is made, and the Official Receiver or trustee shall in such case make provision for the dividend upon such proof, and the probable costs of such appeal in the event of the proof being admitted. Where no appeal has been commenced within the time specified in this rule, the trustee shall exclude all proofs which have been rejected from participation in the dividend.

(3) Immediately after the expiration of the time fixed by this rule for appealing against the decision of the trustee, he shall proceed to declare a dividend,

141.

816

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

Froduction of bills, notes, &c.

R269. Ordinance No. 3 of 1885.

Dividend

may be sent by post. R270.

Payment of dividends to

a nominee.

R271.

Form of Register. Form 117.

and gazette the same, and shall also send a notice of dividend to each creditor whose proof has been admitted.

(4) If it becomes necessary, in the opinion of the trustee and the committee of inspection, to postpone the declaration of the dividend beyond the prescribed limit of one month, the trustee shall gazette a fresh notice of his intention to declare a dividend; but it shall not be necessary for such trustee to give a fresh notice to such of the creditors mentioned in the bankrupt's statement of affairs as have not proved their debts. In all other respects the same pro- cedure shall follow the fresh notice as would have followed the original notice.

124. Subject to the provisions of section 70 of the Bills of Exchange Ordinance, 1885, and subject to the power of the court in any other case on special grounds to order production to be dispensed with, every bill of exchange, promissory note, or other negotiable instrument or security, upon which proof has been made, shall be exhibited to the trustee before payment of dividend thereon, and the amount of dividend paid shall be indorsed on the instrument.

125. The amount of the dividend may, at the request and risk of the creditor, be transmitted to him by post.

126. If a person to whom dividends are payable desires that they shall be paid to some other person he may lodge with the trustee a request to that effect which shall be a sufficient authority for payment of the dividend to the person therein named.

Registration of General Assignments of Book Debts.

127.-(1) The Registrar shall keep a register for the purpose of section 48 of the Ordinance, and shall on request and on the filing of a duly attested copy of an assignment of existing or future book debts or any class thereof from a person engaged in any trade or business to any other person, and production of the original thereof, and deposit of a certified English translation thereof when the original is in a foreign language, enter particulars of such assignment in the register. Such registration shall be effected before the commencement of the bankruptcy; other- wise the assignment shall be void and of no effect as against the assignor's trustee in bank- ruptcy. The register shall contain the name, residence and occupation of the persons by whɔm and to whom the assignment was made and given, and the other particulars shown in the said form or prescribed under these rules and all such assign- ments registered in each year shall be numbered consecutively according to the respective dates of their registration.

(2) The Registrar shall also keep an index of the names of the assignors under such assignments. Such index shall be arranged in divisions correspond- ing with the letters of the alphabet, so that all assignors whose surnames begin with the same letter, and no others, shall be comprised in one division but the arrangement within each such division need not be alphabetical.

(3) The fees mentioned in the appendix to these rules and such other fees as may be hereafter prescribed shall be paid to the Registrar.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932. 817

Appropriation of Pay, Salary, Pensions, &c.

128. When a trustee intends to apply to the court Notice to for an appropriation order under section 56 of the bankrupt of Ordinance, he shall give to the bankrupt notice of application. his intention so to do. Such notice shall specify the R272. time and place fixed for hearing the application, and Form 118. shall state that the bankrupt is at liberty to show cause against such order being made.

129. Where an order has been made for the pay- Review of ment by a bankrupt, or by his employer for the time order. being, of a portion of his income or salary, (including R275. any bonus or commission payable to him) the bank- rupt may, upon his ceasing to receive a salary or income of the amount he received when the order was made, apply to the court to rescind the order or to reduce the amount ordered to be paid by him to the trustee. And in the case of any increase in the amount of such salary or income (inclusive of any bonus or commission as aforesaid) the Official Receiver or trustee may in like manner apply to the court to increase the amount ordered to be paid by the debtor to the trustee.

Disclaimer of Lease.

130.-(1) A lease may be disclaimed without the Disclaimer leave of the court in any of the following cases, of lease.

viz. :-

R276.

Forms

(1) Where the bankrupt has not sub-let the 123-130.

demised premises or any part thereof or created a mortgage or charge upon the lease; and

(a) the rent reserved or the value of the property leased, as ascertained by the assessment, is less than $1,200 per

annum; or

(b) the

trustee serves the lessor with notice of his intention to disclaim, and the lessor does not within seven days after the receipt of such notice give notice to the trustee requiring the matter to be brought before the court. (ii) Where the bankrupt has sub-let the demised premises or created a mortgage or charge upon the lease, and the trustee serves the lessor and the sub-lessee or the mortgagees with notice of his intention to disclaim, and neither the lessor nor the sub-lessee or the mort- gagee or any of them, within fourteen days after the receipt of such notice, require or requires the matter to be brought before the court.

(2) Except as provided by this rule, the disclaimer of a lease without the leave of the court shall be void.

(3) Where a trustee disclaims a lease he shall forth- with file the disclaimer with the proceedings in the court and shall also, if the lease is registered in the Land Office, register a memorial of such disclaimer in the Land Office; and the disclaimer shall contain particulars of the interest disclaimed, and a state- ment of the persons to whom notice of the disclaimer has been given. Until the disclaimer is so filed, or, as the case may be, filed and registered, by the trustee, the disclaimer shall be inoperative.

(4) Where, in pursuance of notice by the trustee of his intention to disclaim a lease, the lessor, sub- lessee, or mortgagee requires the trustee to apply to the court for leave to disclaim, the costs

818

い

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

Public officer or agent of company, &c.

R277.

Attestation of firm signature.

R278.

Debtor's petition by firm. R281.

Creditor's petition by firm.

Creditors petition against

firin.

Petition by limited partnership.

R283.

Statement

of affairs.

R287.

of the lessor, sub-lessee, or mortgagee shall not be allowed out of the estate of the bankrupt except in cases in which the court is satisfied that such application was necessary in order to do justice between the parties.

(5) A disclaimer made without leave of the court under this rule shall not be void or otherwise affected on the ground only that the notice required by this rule has not been given to some person who claims to be interested in the demised property.

(6) Where any person claims to be interested in any part of the property of the bankrupt burdened with onerous covenants, he shall, at the request of the Official Receiver or trustee, furnish a statement of the interest so claimed by him.

Proceedings by Company or Co-partnership.

131. A bankruptcy petition against, or bankruptcy notice to, any debtor to any company or co-partner- ship duly authorised to sue and be sued in the name of a public officer or agent of such company or co-

artnership, may be presented by or sued out by such public flicer or gent as the nominal petitioner or and on behalf of such company or co-partnershin, on such public officer or agent filing an affidavit stating that he is such public officer or agent, and that he is authorised to present or sue out such petition or bankruptcy notice.

12.

Proceedings by or against Firm.

182. Where any notice, declaration, petition, or other document requiring attestation is signed by a firm of creditors or debtors in the firm name, the partner signing for the firm shall add also his own signature, e.g., "Brown & Co. by James Green, a partner in the said firm."

133. Where a firm of debtors file a declaration of inability to pay their debts or bankruptcy petition the same shall contain the names in full of the individual partners, and if such declaration or petition is signed in the firm name the declaration or petition shall be accompanied by an affidavit made by the partner who signs the declaration or petition, showing that all the partners concur in the filing of the same, provided that the court may dispense with proof of the concurrence of any partner if it has been impract- icable to obtain his concurrence in time.

or,

154. A creditor's petition in the firm name may be presented by any partner thereof, in the absence of all the partners from the Colony, by any person having the control or management of the

business of the firm.

135. Where a petition is filed against a firm the petitioning creditor or if the petitioning creditor is a firm, then one of the partners therein, shall state on affidavit the names and addresses of all the partners in the debtor firm to the best of his information and belief.

the

136. A limited partnership registered under Limited Partnerships Ordinance, 1912, may present a petition in bankruptcy as creditors in the name of the firm. The petition shall be signed by a partner or, in the absence of all the partners from the Colony, by any person having the control or management of the firm.

137. In cases of partnership the debtors shall sub- mit a statement of their partnership affairs, and each debtor shall submit a statement of his separate affairs.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932. 819

138. Where a receiving order in made against a First firm, the joint and separate creditors shall collectively meeting. be convened to the first meeting of creditors.

R291.

139. The joint creditors, and each set of separate Acceptance creditors, may severally accept compositions

　　　　　　　compositions or of composi- schemes of arrangement. So far

tion, &c., as circumstances by joint will allow, a proposal accepted by joint creditors may and separate be approved in the prescribed manner, notwithstand- creditors. ing that the proposals or proposal of some or one of R292. the debtors made to their or his separate creditors may not be accepted.

140. Where proposals for compositions or schemes Voting on are made by a firm, and by the partners therein composition. individually, the proposal made to the joint creditors R293 shall be considered and voted upon by them apart from every set of separate creditors; and the proposal made to each separate set of creditors shall be con- sidered and voted upon by such separate set of creditors apart from all other creditors.

Such pro- posals may vary in character and amount. Where a composition or scheme is approved, the receiving order shall be discharged only so far as it relates to he estate, the creditors of which have accepted the composition or scheme.

141. On the adjudication in bankruptcy of a part- Adjudica- nership the trustee appointed by the joint creditors, tion, trustee. or by the court under section 23 (4) or section 81 (3) of R294. the Ordinance, as the case may be, shall be the trustee of the separate estates. Each set of separate creditors may appoint its own committee of inspection, but if any set of separate creditors do not appoint a separate committee, the committee (if any) appointed by the joint creditors shall be deemed to have been appointed also by such separate creditors.

142. If any two or more of the members of a Separate partnership constitute a separate and independent firms. firm, the creditors of such last-mentioned firm shall R295. be deemed to be a separate set of creditors, and to we on the same footing as the separate creditors of any individual member of the firm. And where any surplus shall arise upon the administration of the assets of such separate or independent firm, the same shall be carried over to the separate estates of the partners in such separate

separate and independent firmi according to their respective rights therein.

Lunatics.

143.--(1) Where it appears to the court that any Lunatics. debtor or creditor or other person who may be affected R297. by any proceeding under the Ordinance or rules, is а lunatic not so found by inquisition (hereinafter called the lunatic), the court may appoint such person as it may think fit to appear for, represent, or act for, and in the name of the lunatic, either generally, or in and for the purpose of any particular application or proceeding, or the exercise of any particular rights or powers which under the Ordinance. and rules the lunatic might have exercised if he had been of sound mind. The appointment may be made by the court either on an application made as hereinafter mentioned, or, if the court thinks fit sc to do, without any previous application.

(2) An application to the court to make an ap- piontment under this rule may be made by any person who has been duly appointed by the court, to manage the affairs or property of, or to represent the lunatic, or by any relative or friend of the lunatic who may appear to the court to be a proper person to make the application, or by the Official Receiver.

820

THE HONGKONG GOVERNMENT GAZETTE. NOVEMBER 18, 1932,

Verification

of petition.

R299. Forms 134, 135.

Deposit.

Gazetting. R.300. Form 136.

Service.

R301.

Duties of executor, &c.

R302.

(3) The application may be made ex parte and without notice, but in any case in which the court shall think it desirable, the court may require such notice of the application as it shall think necessary to be given to the Official Receiver or trustee (if any), or to the petitioning creditor, or to the person alleged to be a lunatic, or to any other person, and for that purpose may adjourn the hearing of the application.

(4) Where the application is made by some person other than the Official Receiver, it shall be supported by an affidavit of a duly registered medical practitioner as to the physical and mental condition of the lunatic. Where the application is made by the Official Receiver, it may be supported by a report of the Official Receiver, the contents of which shall be received as primâ facie evidence of the facts therein. stated.

(5) When a person has been appointed under this rule, any notice under the Ordinance and rules served on, or given to, such person shall have the same effect as if the notice had been served on, or given to the lunatic.

Administration of Estates of Deceased Insolvents

144. A creditor's petition, and a petition by the legal personal representative of the deceased, under section 113 of the Ordinance shall be verified by affidavit.

145. The provisions of Rule 51 as to deposits on presentation of a petition shall apply to petitions presented by a creditor or by a legal personal representative under section 113 of the Odinance.

146. Where an administration order under section 113 of the Ordinance is made, such order shall be gazetted and advertised in the same manner in all respects as an order of adjudication is gazetted and advertised.

147.-(1) The petition shall, unless the court otherwise directs, be served on each executor who has proved the will, or, as the case may be, on each person who has taken out letters of administration or, if there is no personal representative in the Colony, on the Official Administrator. The court may also, if the court thinks fit, order the petition to be served on any other person.

(2) Service shall be proved in the same way as is provided in the case of an ordinary creditor's petition, and the petition shall be heard in the like manner.

(3) Where any executor or administrator or the Official Administrator, as the case may be, intends to show cause against the petition he shall file with the Official Receiver a notice specifying the grounds on which he intends to show cause, and shall transmit by post to the petitioning creditor, or to his solicitor, a copy of the notice, in each case three days before the day on which the petition is to be heard.

148.-(1) When an administration order under section 113 of the Ordinance has been made it shall be the duty of the executor or legal personal repre- sentative of the deceased debtor or of the Official Administrator to lodge with the Official Receiver forth- with (in duplicate) an account of the dealings with, and administration of (if any), the deceased's estate by such executor or legal personal representative or of the Official Administrator and such executor or legal

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932. 821

personal representative or the Official Administra- tor shall also furnish forthwith in duplicate a iist of the creditors, and a statement of the assets and liabilities, and such other particulars of the affairs of the deceased as may be required by the Official Receiver. Every account, list, and statement to be made under this rule shall be made and verified as nearly as may be in accordance with the practice for the time being of the Original Jurisdiction of the court.

(2) The expense of preparing, making, verifying and lodging any account, list, and statement under this rule shall, after being taxed, be allowed out of the estate, upon production of the necessary allocatur.

149. In proceedings under an order for the ad- Meetings ministration of the estate of a person dying insolvent, of creditors, where a meeting of creditors is summoned for the trustees, &c. appointment of a trustee-

R304.

(1) the provisions of Schedule I of the Ordin- ance relating to the mode of summoning a meeting of creditors, and to the persons entitled to a vote at a meeting, and

(2) the provisions of these rules which refer to creditors, meetings of creditors, trustees, and committees of inspection,

shall, so far as applicable, apply as if the proceedings were under a receiving order and order of adjudication.

PART IV.

OFFICIAL RECEIVER, TRUSTEES, SPECIAL MANAGERS, SECURITY BY TRUSTEE OR SPECIAL MANAGER, GAZETTING, ACCOUNTS AND AUDIT, UNCLAIMED FUNDS.

Official Receivers.

Duties as

150. (1) As soon as the Official Receiver has been appointed to the receivership of an estate, he to debtor's shall furnish the debtor with a form for the prepara- statement tion of his statement of affairs.

of affairs. R311.

(2) The Official Receiver or some person deputed Form 28. by him shall also forthwith hold a personal interview with the debtor for the purpose of investigating his affairs.

(3) It shall be the duty of the debtor to attend at such times and places as the Official Receiver may appoint.

R312.

151. Subject to any general or special directions Subsistence which the court may give, the Official Receiver, allowance while in the possession of the property of a debtor, to debtor. may make him such allowance out of his property For the support of himself and his family as may be just. In fixing the amount of such allowance the assistance rendered by the debtor in the management of his business or affairs may be taken into account.

152. Whenever, under the powers given by section Special 78 of the Ordinance, the Official Recevier employs any report as person to assist the debtor in the preparation of his to person statement of affairs he shall report the matter to the employed to court, and specify the remuneration to be allowed to debtor. such person.

assist

R313.

153. Where the Official Receiver holds any proxies Use of but cannot conveniently attend any meeting of proxies by creditors, at which such proxy or proxies might be deputy. used, he may depute sonic person under his official R314. control, by writing under his hand, to attend such proxies on his behalf, and in such manner as he may direct.

154. In any case of sudden emergency, or where Registrar to there is no Official Receiver or Deputy Official act in sudden Receiver capable of acting, any act or thing required emergency. or authorised to be done by the Official Receiver may R317. be done by the Registrar.

822

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

Removal of special manager.

R318.

Mode of application to Court.

R319.

Evidence or application by Official Receiver.

R320.

Application for direc tions. R321.

Accounting by Official Receiver.

R323.

Accounts of debtor.

R325.

Liability for costs, expenses and damages. R326.

155. When the Official Receiver appoints a special manager he may at any time remove him if his employment seems unnecessary or unprofitable to the estate, and he shall remove him, if so required by a special resolution of the creditors.

156. Applications by the Official Receiver to the court may be made personally, and without notice or other formality; but the court may in any case order that an application be renewed in a formal manner, and that such notice thereof be given to any person likely to be affected thereby as the court may direct.

157. Where for the purposes of any application to the court by the Official Receiver for directions, or on his opposing a receiving order or an order for adjudication or on his applying to adjudge debtor bankrupt or to rescind a receiving order or to annul an adjudication order or for leave to disclaim a lease, or for an extension of time to apply for leave to disclaim a lease, or for an order to take criminal proceedings against a bankrupt, cr to commit a bankrupt, it is necessary that evidence be given by him in support of such opposition or application, such evidence may be given by a report of the Official Receiver to the court, and need not be given by affidavit, and any such report of the Official Receiver to the court shall be received by the court as primâ facie evidence of the matters reported upon.

153. In any case of doubt or difficulty or in any matter not provided for by the Ordinance or these rules relating to any proceeding in court the Oficial Receiver may apply to the court for directions.

159.-(1) Where composition or scheme is sanctioned by the court the Official Receiver shall pay over any surplus in hand after making all proper deductions therefrom to the debtor, or, as the case may be, to the trustee under the composition or scheme.

(2) Where a debtor is adjudged bankrupt, and a trustee is appointed, the Official Receiver shall pay such surpluses as aforesaid to the trustee in the bankruptcy.

(3) The provisions of this Part of these rules as to trustees and their accounts shall not apply to the Official Receiver when acting as trustee, but he shail account in such manner as is provided by the Ordinance or as the court may from time to time direct.

160. The debtor shall, on the request of the Official Receiver, furnish him with all such accounts and particulars as he may require. If the debtor fails to comply with the requirements of this rule the Official Receiver shall report such failure to the court, and the court shall take such action on such report as the court shall think just.

161. The following provisions shall apply to every case in which proceedings are taken either by action, motion, or in any other manner, against the Official Receiver in respect of anything done or default made by him, when acting, or in the bona fide and reason- able belief that he is acting, in pursuance of the Ordinance, or in execution of the powers given to the Official Receiver by the Ordinance.

(1) Subject to the provisions of the next following paragraph, the costs, damages, and expenses which he Official Receiver may have to pay, or to which he may be put under such proceedings, shall be paid out of the estate of the debtor and not personally.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932. 823

(2) As soon as any such proceedings are commenced it shall be the duty of the Official Receiver to report the same to the Colonial Secretary, who shall deter- mine whether or not such proceedings shall be resisted or defended.

(3) The Official Receiver shall not, unless the court shall otherwise order, be entitled to be paid out of the estate any costs or expenses which he may have to pay or bear in consequence of resisting or defending any such proceedings, unless the Colonial Secretary has determined that such proceedings shall be resisted or defended.

the

(4) The Official Receiver shall, if necessary, apply to the court for any reasonable adjournment of any motion, or other summary proceedings before the court pending the determination

Colonial Secretary upon the question whether such motion or proceedings shall be resisted or fonded. And the court may grant an adjournment upon such terms as it shall think fit.

(5) If such proceedings are commenced before the appointment of a trustee by the creditors, or before the approval of a composition or scheme, the Official Receiver may, before putting the trustee appointed by the creditors, or in the case of a composition the debtor himself into possession of the debtor's pro- perty, retain the whole or some part of the debtor's estate according as the Colonial Secretary shall in each case direct, to meet the damages, costs, or expenses which the Official Receiver may have to pay or bear in consequence of the said proceedings. If such proceedings are commenced after the appointinent of a trustee by the creditors or after the approval of a composition or scheme, the Official Receiver shall forthwith give notice of such proceedings to the trustee, or other person in whom the estate of the debtor may be vested (including where necessary the debtor himself), and the estate of the debtor shall, as from the date of such notice, be deemed to be charged with the payment of the said damages, costs,

nd expenses.

Outside Trustees.

162. On the appointment of a trustee, notice of Notice of his appointment shall forthwith be gazetted by the appoint- Official Receiver. Notice of his appointment shall if ment. he considers it necessary be inserted by the Official R327. Receiver in a local paper. The expense of such gazetting and notice shall be borne by the estate.

163. It shall be a sufficient reason for refusing to Grounds approve the appointment of a person as trustee that for re- in any other proceedings under the Ordinance such fusing to person has either been removed under section 96 (2) appoint. of the Ordinance from the office of trustee, or has R330. failed or neglected, without good cause shown by him, to render his accounts for audit for two months after the date by which the same should have been rendered.

164. Where a trustee or special manager has given Removal for security in the prescribed manner, but fails to keep failing to up such security, or, if called upon to do so, to keep up or increase such security, the court may remove him security.

from his office.

increase

R331.

165. Where a trustee is removed by the court, Removal by the order removing him shall at once be filed with court. the proceedings in the matter and shall also be R332. gazetted by the Official Receiver.

166. A trustee intending to resign his office shall Notice of call a meeting of creditors to consider whether his resignation. resignation shall be accepted or not, and shall give R333. not less than seven days' notice of the meeting to the Official Receiver.

824

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

Limit of

remunera-

tion.

R335.

Trustee

carrying on business.

R337.

Forms 147, 148, 149.

Applica-

tion for release.

R338.

Forms 152, 137, 153.

Gazetting of release.

R339.

Delivery of books, &c., on release

of trustee.

R340.

Meeting to consider removal of trustee.

R341.

Bank account.

R342.

Application

for direc- tions.

R344.

Forms 131, 132.

Creditor may obtain copy

of trustee's accounts.

R345.

167. Except as provided by the Ordinance or these Rules, no trustee shall be entitled to receive out of the estate any remuneration for services rendered to the estate, except the remuneration to which under the Ordinance and these Rules he is entitled as trustee.

168.-(1) Where the trustee or special manager carries on the business of the debtor, he shall keep a distinct account of the trading, and shall incor- porate in the cash book the total weekly amount of the receipts and payments on such trading account.

(2) The trading account shall from time to time, and not less than once in three months, be verified by affidavit, and the trustee shall thereupon submit such account to the committee of inspection (if any), or such member thereof as may be appointed by the committee for that purpose, who shall examine and certify the same.

169. A trustee before making application to the court for his release shall give notice of his intention so to do to the Official Receiver to all the creditors of the debtor who have proved their debts, and to the debtor, and shall send with such notice a sum- mary of his receipts and payments as trustee : provided that where such application is made upon the trustee ceasing to act by reason of a composition having been approved under section 25 of the Ordinance, such notice and summary shall be sent to the debtor only.

170. Where the court has granted to a trustee his release a notice of the order granting such release shall be gazetted. The fees shall be charged to the

estate.

171. The release of a trustee shall not take effect unless and until he has duly delivered over all the books, papers, documents, and accounts which by these Rules he is required to deliver over on his release.

172. Where one-fourth in value of the creditors desire that a general meeting of the creditors may be summoned to consider the propriety of removing the trustee such meeting may be summoned by а member of the committee of inspection, or by the Official Receiver on the deposit of a sum sufficient to defray the expenses of summoning such meeting.

173. Where the trustee has an account bank, he shall forthwith pay all moneys received by him into the credit of the estate.

All pay- ments out shall be made by cheque payable to order, and every cheque shall have marked or written on the face of it the name of the estate, and sh be signed by the trustee. Every cheque shall be countersigned in cases where there is a committee of inspection by at least one member of the committee and by such other person if any as the creditors or

mmittee of inspection may appoint.

174. Where a trustee applies to the court for directions in any matter, he shall file an application, and the court shall then hear the application, or fix a day for hearing it, or direct the trustee to apply by motion.

175. Any creditor who has proved his debt, may apply to the trustee for a copy of the accounts (or any part thereof) relating to the estate as shown by the cash book up to date, and on paying for the same at the rate of 25 cents per folio he shall be entitled to have such copy accordingly.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

to be

176. Where in pursuance of section 88 of the Statements Ordinance the Official Receiver or trustee is required of accounts to transmit to creditors a statement of the accounts, furnished to the cost of furnishing and transmitting such state- creditors. ment shall be calculated at the rate of 25 cents R346. per folio for each statement where the creditors do not exceed 10, and where the creditors exceed 10, $1 per folio, for the preparation of the statement, and the actual cost of printing, if printed.

Form 150.

177. Neither the trustee nor any member of the Purchase of committee of inspection of an estate shall, while part of

estate by acting as trustee or member of such committee trustee or except by leave of the court, either directly or committee forbidden. indirectly, by himself or any partner, clerk, agent, or servant, become purchaser of any part of the R347. estate. Any such purchase made contrary to the provisions of the rule may be set aside by the court on the application of the Official Receiver or any creditor, or the debtor.

the Dealings the with estate

by trustee the and com-

178.-(1) Where the trustee carries on business of the debtor, he shall not without express sanction of the court purchase goods for carrying on of such business from his employer (if mittee of any), or from any person whose connexion with the inspection trustee is of such a nature as would result in the R348. trustee obtaining any portion of the profit (if any) arising out of the transaction.

(2) No member of a committee of inspection of an estate shall, except under and with the sanction of the court, directly or indirectly, by himself or any employer, partner, clerk, agent, or servant, be entitled to derive any profit from any transaction arising out of the bankruptcy, or to receive out of the estate any payment for services rendered by him in connexion with the administration of the

estate, or for any goods supplied by him to the trustee for or on account of the estate. If it appears to the court that any profit or payment has been made contrary to the provisions of this rule, it may disallow such payment or recover such profit, as the case may be, on the audit of the trustee's account.

(3) Where the sanction of the court under this rule to a payment to a member of a committee of inspection for services rendered by him in connexion with the administration of the estate is obtained, the order of the court shall specify the nature of the services, and shall only be given where the service performed is of a special nature. No payment shall, under any circumstances, be allowed to a member of a committee for services rendered by him in the discharge of the duties attaching to his office as member of such committee.

(4) The cost of obtaining such sanction as aforesaid shall be borne by the person in whose interest it is obtained and shall not be payable out of the debtor's estate.

before estate

R349.

179.-(1) Where a debtor is adjudged bankrupt, Discharge and a trustee is appointed, the Official Receiver shall of costs, &c., forthwith put the trustee into possession of all pro- handed over perty of the bankrupt of which the Official Receiver to trustee. may be possessed; provided that such trustee shall have, before the estate is handed over to him by the Official Receiver, discharged any balance due to the Official Receiver on account of fees, costs, and charges properly incurred by him and payable under the Ordinance, and on account of all advances properly made by him in respect of the estate, together with interest on such advances at the rate of eight per cent. per annum, and shall have discharged or undertaken to discharge all guarantees which have

825

826

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

Meetings of creditors to consider conduct of trustee.

R350.

Remunera- tion of special manager.

R351.

Accounts.

R352.

Form 151.

Standing security to Registrar.

R353.

Gazetting notices.

R354.

Re-gazetting. R355.

been

given

the Official Receiver for the benefit of the estate; and the trustee shall pay all fees, costs, and charges of the Official Receiver which may not have been discharged by the trustee before being put into possession of the property of the bank rupt, and whether incurred before or after he has been put into such possession.

(2) The Official Receiver shall be deemed to have a lien upon the estate until such balance shall have been paid, and sneh guarantees and other liabilities shall have been discharged.

(8) It shall be the duty of the Official Receiver, if so requested by the trustee, to communicate to the trustee all such information respecting the bankrupt and his estate and affairs as may be necessary or conducive to the due discharge of the duties of the trustee.

180. Where the Official Receiver is of opinion that any act done by a trustee or any resolution passed by a committee of inspection should be brought to the notice of the creditors, for the purpose of being re- viewed or otherwise, the Official Receiver may sum- mon a mecting of creditors accordingly to consider the same, and the expense of summoning such meeting shall be paid by the trustee out of any avail- able assets under his control.

Special Manager.

181. Where a special manager is appointed, he shall be paid such remuneration as is provided by the scale of allowances contained in Table C of Part III of the Appendix.

182. Every special manager shall account to the Official Receiver, and such special manager's accounts shall be verified by affidavit in the prescribed form, and, when approved by the Official Receiver, the totals of the receipts and payments shall be added to the Official Receiver's accounts.

Security by Trustee or Special Manager.

183. In the case of a trustee or special manager the following rules as to security shall be observed, namely:--

(1) The security shall be given to the Registrar. (2) It shall not be necessary that security shall be given in each separate matter; but security may be given either specially in a particular matter or generally to be available for any matter in which the person giving security may be appointed either as trustee or special

manager.

(3) The Official Receiver shall fix the amount and nature of such security, and may from time. to time, as he thinks fit, either increase or diminish the amount of special or general security which any person has given.

Gazetting.

184. All notices requiring publication in the azette shall be gazetted by the Official Receiver or trustee as the case may be.

185. Where any receiving order is amended, and also in any case in which any matter which has been gazetted has been amended or altered, or in which a matter has been wrongly or inaccurately gazetted, the Official Receiver or trustee shall re-gazette such order or matter with the necessary amendments and alterations in the prescribed form, at the expense of the estate.

↓

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932. 827

order Gazetting

of order

186. Where an order (other than an annulling an adjudication or rescinding a receiving annulment order) which has been gazetted is annulled, revoked, already or rescinded, notice of the order of annulment, gazetted. revocation, or rescission shall be published in the R356, Gazette. When the order is annulled, revoked, or rescinded on the application of the Official Receiver or of the trustee the fee for gazetting shall be paid out of the estate, but in any other case such fee shall be paid by the party making the application.

Accounts and Audit.

187. The Official Receiver, until a trustee is ap- Record pointed, and thereafter the trustee, shall keep a of minutes, record of all minutes, all proceedings had, and etc. resolutions passed at any meeting of creditors, R360. or of the committee of inspection, and all such matters as may be necessary to give a correct view of his administration of the estate, but he shall not be bound to insert in the record any document of a confidential nature (such as the opinion of counsel on any matter affecting the interest of the creditors), nor need he exhibit such document to any person other than a member of the committee of inspection.

188. The Official Receiver, until a trustee is ap- Cash book. pointed, and thereafter the trustee, shall keep a book R361. to be called the "Cash Book" in which he shall (subject to the provisions of these rules as to trading accounts) enter the receipts and payments made by him.

189. The trustee shall submit the said record and Books to be cash book, together with any other requisite books submitted to and vouchers, to the committee of inspection (if any) committee of when required, and not less than once every three R362.

months.

inspection.

190. The committee of inspection shall not less audit of than once every three months audit the cash book cash book. and certify therein under their hands the day on R363. which the said book was audited.

Form 145.

accounts.

191.-(1) Every trustee shall, at the expiration of Official six months from the date of the receiving order, and Receiver's at the expiration of every succeeding six months audit thereafter until his release, transmit to the Official of trustee's Receiver a copy of the cash book in duplicate for R364. such period, together with the necessary vouchers and copies of the certificates of audit by the committee of inspection. He shall also forward with the first accounts a summary of the debtor's statement of affairs, showing thereon in red ink the amounts realised, and explaining the cause of the non-realisa- tion of such assets as may be unrealised.

(2) When the estate has been fully realised and distributed, or, if the adjudication is annulled, the trustee shall forthwith send in his accounts to the Official Receiver although the six months may not have expired.

(3) The accounts sent in by the trustee shall be Form 146. certified and verified by him.

192. When the trustee's account has been audited, Accounts to. the Official Receiver shall certify that the account be filed. has been duly passed, and shall file the same with R365. the proceedings in the bankruptcy.

193. Where a trustee has not since the date of his Afidavit of appointment or since the last audit of his accounts, no receipts. as the case may be, received or paid any sum of R366. money on account of the debtor's estate, he shall, at the period when he is required to transmit his estate account to the Official Receiver, forward to the Official Receiver an affidavit of no receipts or pay-

ments.

ส

828

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

Proceedings on resigna- tion, &c., of trustee.

R367.

Joint and separate estates accounts.

R368.

Expenses of sales.

R369.

Allowance to debtor.

R370.

194. Upon a trustee resigning, or being released or removed from his office, he shall deliver over to the Official Receiver, or, as the case may be, to the new trustee, all books kept by him, and all other books, papers, documents, and accounts in his possession relating to the office of trustee.

195. Where a receiving order has been

been made against debtors in partnership, distinct accounts shall be kept of the joint estate and of the separate estate or estates, and no transfer of a surplus from a separate estate to the joint estate on the ground that there are no creditors under such separate estate shall be made until notice of the intention to make such transfer has been gazetted.

198. When property forming part of a debtor's estate is sold by the trustee through an auctioneer or other agent, the proceeds of the sale shall be paid over by such auctioneer or agent, after the charges and expenses connected with the sale shall have been deducted by such auctioneer or agent.

197. In any case in which, under the provisions of section 63 of the Ordinance, a trustee makes an allowance to a bankrupt out of his property, such allowance, unless the creditors by special resolution determine otherwise, shall be in money, and the amount allowed shall be duly entered in the trustee's accounts.

Application for payment out by party entitled.

R372.

Accounts by trustees of unclaimed funds.

R373.

Unclaimed Funds.

　　　　　　　　　　130 of the 198. An application, under section 130 Ordinance for payment out of the Bankruptcy Estates Account of any sum to which any person claims to be entitled, shall be made in such form and manner as the Registrar may from time to time direct, and shall (unless the Registrar dispenses therewith) be supported by the affidavit of the claimant, and such further evidence as he may require.

199. For the purposes of section 130 (1) of the Ordinance, the court may at any time order the trustee under any bankruptcy, composition or scheme, to sub- mit to it an account verified by affidavit of the sums received and paid by him under or in pursuance of any such bankruptcy, composition or scheme, and may direct and enforce an audit of the account, and pay- ment of any unclaimed or undistributed moneys arising from the property of the debtor in the hands or under the control of such trustee into the Bankruptcy Estates Account in accordance with the terms of the said sub-section.

Falsification of docu- ments.

R382.

No lien on debtor's

books.

R383.

PART V.

MISCELLANEOUS.

200.-(1) Any person who knowingly falsifies or fraudulently alters any document in or incidental to any proceedings under the Ordinance or these Rules shall be deemed to be guilty of contempt of court, and shall be liable to be punished accordingly.

(2) The penalty imposed by this Rule shall be in addition to, and not in substitution for, any other penalty, punishment, or proceeding to which such person may be liable.

201. No person shall, as against the Official Receiver or trustee, be entitled to withhold possession of the books of accounts or of any document or paper belonging to the debtor or to set up any lien thereon.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

202. The court may, on the application of the Disposal of Official Receiver, direct that the debtor's books of bankrupt's

books and

account and other documents given up by him may papers. be sold, destroyed, or otherwise disposed of.

R384.

203. Non-compliance with any of theso Rules, or Non- with any rule of practice for the time being in force, compliance with rules. shall not render rry proceeding void, unless the court shall so direct, but such proceeding may be R395, set aside, either wholly or in part, as irregular, or amended or otherwise dealt with in such manner and upon such terms as the court inay think fit.

204. The court may, under special circumstances Abridgment and for good cause shown, extend or abridge the time or enlarge- appointed by these Rules or fixed by any order of ment of the court for doing any act or taking any proceeding. R-386.

* 2

time.

205. When no other provision is made by the Saving for Ordinance or these Rules the law, procedure, and existing

　　　　　　　　　　　　　laws, &c. practice in bankruptcy matters in force on the 31st R387. day of December, 1931, shall, in So far as applicable, remain in force. And save as provided by section 99 (1) of the Ordinance and by these Rules or rules amending them, the Code of Civil Procedure shall not apply to any proceeding in bankruptcy.

Dated the 15th day of October, 1932.

J. H. KEMP,

Chief Justice.

Approved by the Legislative Council on the 10th day of November, 1932.

R. A. C. NORTI,

Deputy Clerk of Councils.

829

APPENDIX.

PART I.-FORMS.

INDEX.

Accounts:

146.

Affidavit verifying trustee's account.

149.

Affidavit verifying trustce's trading account. 151. Affidavit verifying special manager's account.

145

148..

150.

Certificate of committee of inspection as to audit of

trustee's account.

Profit and loss account,

147.

Statement of accounts for creditors under section 88. Trustee's trading account.

Action:

24. Order restraining before receiving order.

Adjudication:

Application for under sections 18 or 22.

75.

76.

Application for after resolution for bankruptcy or by

consent.

77.

79.

Application for: no quorum at adjourned meeting. Application to annul,

78.

Order of.

80.

Order annulling.

86.

Resolutions where adjudication resolved on.

830

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

No.

54. Of day for proceeding with public examination.

27. Of receiving order, &c.

82.

Of day for hearing application for discharge.

Affirmation.

6. Affirmation, form of.

After acquired property:

93. Affidavit by bankrupt as to.

Allocatur:

144. For costs of debtor's petition.

Bankruptcy Notice:

5. On judgment or order of court.

Affidavit of service.

Affidavit on application to set aside.

15.

Notice in newspapers of substituted service.

Order setting aside.

16.

Order for substituted service.

Request for issue of.

19.

21.

20.

117.

96.

104.

95.

97.

94.

Bond on stay of proceedings:

Form.

Affidavit of justification.

Notice of sureties.

Book debts.

Book Debts, Register of Assignment of:

Committal.

Afidavit in support of application for committal of

debtor under section 26 or 55.

Affidavit of non-compliance with order of court.

Affidavit of person interested in composition for com-

mittal.

Affidavit of trustee under section 53 (5).

Application by trustee for committal of bankrupt or

other person.

Notice of application for committal under sections

20 and 25.

Notice of application for committal under section 26. Notice of application for committal under section 53 (5). Order of committal under sections 20 and 25.

98.

99.

100.

101.

102.

Order of committal under section 26.

103.

Order of commital under section 53 (5).

106.

Order for discharge from custody.

107.

105.

72.

71.

67.

Order for production for examination of person in

prison.

Warrant of committal for contempt.

Composition or scheme:

Afidavit in support of application for enforcement of

provisions.

Application for enforcement of composition or scheme. Application to extend time for approving composition or

scheme and order thereon.

Certificate of approval of composition or scheme. Notice to creditors of application to approve composition

or scheme.

Notice to creditors of intention to pay composition. Notice to Official Receiver of application by debtor to

approve composition or scheme.

74.

68.

140.

69.

73.

70.

64.

65.

Proposal for scheme.

66.

Report of Official Receiver on proposal for composition

or scheme.

Order for enforcement of provisions of composition or

scheme.

Order on application to approve composition or scheme. Proposal for composition.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932. 831

No.

Debt:

Admission of debt.

113.

114.

Order to pay admitted debt.

Deceased debtor:

134.

135.

136.

Order for administration of estate on petition.

Petition by creditor (section 113).

Petition by legal personal representative (section 113).

Declaration of inability to pay:

Declaration of inability to pay.

Directions:

131.

132.

Application for by trustee.

Order on application by trustee.

Discharge.

93. Affidavit by debtor whose discharge has been granted

conditionally as to after-acquired property.

81.

Application for.

Advertisement of date of hearing of application.

Consent of bankrupt to judgment.

82.

91.

92.

Judgment.

84.

Notice to creditors of application.

83.

Notice to Official Receiver and trustee of application.

85.

Order of, unconditionally.

86.

Order refusing discharge.

89.

Order subject to conditions as to earnings, &c.

90.

Order subject to consent to judgment.

87.

88.

Order suspending discharge.

Order where only fact proved is that assets are not

equal to 50%.

Disclaimer:

Without notice.

125.

126.

Of lease after notice.

127.

Of lease with leave of court.

128.

Notice of disclaimer without leave of court.

129.

Notice of disclaimer with leave of court.

123.

Notice to landlord of intention to disclaim lease not

sublet or mortgaged.

124.

130.

Notice of intention to disclaim lease sublet or mortgaged. Notice by landlord or other person requiring trustee to

bring disclaimer before court.

142.

138.

139.

141.

Dividend :

Application by creditor for order for trustee to pay and

order thereon.

Notice to creditors of intention to declare.

Notice to persons claiming to be creditors of intention

to declare final dividend.

Notice of dividend.

Examination:

55.

Shorthand writer, appointment of.

56.

Shorthand writer, declaration by.

112.

Summons under section 29.

15.

Gazetting and publication in newspaper.

Substituted service of petition or bankruptcy notice.

154. Transfer from separate estate to joint estate.

Interim Receiver:

13.

Application for, order thereon.

832

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

No.

123.

Issues of fact:

Issues of fact for trial by jury.

Letters, &c. :

111. Order for redirection (section 28).

Married women :

119. Notice of application to set aside income of separate

property notwithstanding restraint on anticipation.

122.

33.

29.

34.

45.

37.

38.

30.

Order for payment to trustee of income from separate

property.

Meetings:

First meeting:

Affidavit of postage of notices.

Application for extension of time for holding and order

thereon.

Certificate of postage of notices.

List of creditors assembled at.

Memorandum of adjournment.

Memorandum of proceedings at adjourned first meeting:

no quorum.

Notice to creditors where no offer of composition or

scheme.

31. Notice to creditors where debtor submits offer.

32.

35.

36.

Notice to creditors of adjourned meeting.

Notice to debtor to attend,

Resolutions where adjudication resolved on.

Other meetings:

Afidavit of postage of notices.

Certificate of postage of notices.

List of creditors assembled at.

Memorandum of adjournment.

41.

42.

45.

37.

40.

Notice of (general form).

Notice of, to appoint new trustee.

82.

Notice to creditors of adjourned meeting.

31.

Notice to creditors where debtor submits offer for com-

position.

43.

39.

Netice to creditors to remove trustee and to fill vacancy. Order of Court for general meeting of creditors.

Petition:

22.

Adjournment of.

Affidavit of justification.

14.

Affidavit of service.

11.

Affidavit of truth of statements in petition.

12.

Amdavit of truth of statements in joint petition.

144.

Allocatur for costs of debtor's petition.

19.

Bond on stay of proceedings, security, &c.

10.

Creditor's petition.

134.

Creditor's petition (section 113).

པ ེན་

23.

Debtor's petition.

Dismissal of.

135.

17.

Legal personal representative's petition (section 113). Notice by debtor of intention to oppose.

20.

Notice of sureties.

15. Notice in newspaper of substituted service.

16.

Order for substituted service

18.

Order to stay proceedings on.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

833

No.

Postage of Notices:

33.

Affidavit of (1st meeting).

41.

Affidavit of, general.

34. Certificate of (1st meeting).

42. Certificate of, general.

Proof :

Form of.

48.

49.

Form of, for debt of workmen.

Notice of rejection.

47.

By trustee in prior bankruptcy.

Proxies.

50.

General.

51.

Special.

52.

55.

56.

Public Examination:

Application by Official Receiver for order fixing.

Appointment of shorthand writer.

Declaration by shorthand writer.

62.

Memorandum of.

57.

Notes of shorthand writer if appointed.

58.

Notes where shorthand writer not appointed.

54. Notice of day for proceeding with (local paper).

53.

Order appointing.

60.

Order dispensing with.

61.

Order as to examination of person suffering from mental

or physical affliction.

59.

Order of adjournment.

63.

Order that examination concluded.

55.

Shorthand writer, appointinent of

56. Shorthand writer, declaration by.

Receiving Order:

79.

Application to rescind

80.

Order rescinding.

26.

Order on creditor's petition.

25.

Order on debtor's petition

Release:

153.

Application by trustee fer.

152.

Notice to creditors of intention to apply for.

137.

Statement to accompany notice to creditors.

Request:

4. For issue of bankruptcy notice.

143.

118.

119.

To deliver bill for taxation.

Salary or income :

Notice of application for payment to trustee of portion

of pay or salary (s. 56).

Notice of application for payment to trustee of income of

married woman (s. 57).

120. Order under section 56 (1).

121.

Order under section 56 (2).

122.

Order under section 57.

Scheme--see Composition or scheme.

834

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

No.

Shorthand writer:

55.

Appointment of.

56. Declaration by.

151.

Special Manager:

Affidavit by.

Statement:

28.

Of affairs.

150.

Of accounts under section 88.

137.

112.

144.

143.

To accompany application for release.

Subpoena :

Summons under section 29.

Taxation:

Allocatur, for costs of debtor's petition. Request to deliver bill for.

Title :

General title.

Trial by jury:

133.

Issues of fact.

Warrants:

108. Search warrant.

110.

105.

Against debtor about to quit the Colony. Of committal for contempt.

109. Of seizure.

115.

116.

To apprehend person under section 29.

Order for production for examination of person appre-

hended under section 29.

APPENDIX.

PART I.

FORMS.

No. 1.

GENERAL TITLE.

In the Supreme Court of Hong Kong.

In Bankruptcy.

No.

of 19

R. 7.

Re [JAMES BROWN].

Ex parte (here insert the Debtor," or "J.S. H "the Official Receiver," or "the Trustee").

Creditor," or

=་

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

No. 2.

DECLARATION OF INABILITY TO PAY.

(Title.)

1, A.B. [name and description of debtor], residing at

[and carrying on business at

am unable to pay my debts.

R. 42

], hereby declare that I

835

Dated this

day of

A.B.

Signed by the debtor in my presence.

Signature of witness.

Address.

Description.

Filed the

day of

NOTE.-Where the debtor resides at a place other than his place of business both addresses should be inserted.

No. 3.

DEBTOR'S PETITION.

(Title.)

R.49.

I, A.B. [name and description of debtor], residing at [and carrying on business at

(a)

and being unable to pay my debts, hereby petition the that a receiving order be made in respect of my estate [and I may be adjudged bankrupt].

Dated this

day of

A.B.

(a) Insert court the other

that address or

addresses at which un- satisfied

debts or liabilities

may have

been in- curred.

Signed by the debtor in my presence.

Signature of witness.

Address.

Description.

Filed the

day of

NOTE. Where the debtor resides at a place other than his place of business both addresses should be inserted.

No. 4.

REQUEST FOR ISSUE OF BANKRUPTCY NOTICE.

(Title.)

R. 43.

in the

hereby request that a bankruptcy notice be issued by the cort against (a)

(a) Insert description,

name,

and address of judgment debtor.

836

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

(b) "me," or, as the

case may be

2. I produce a sealed copy of a final judgment or order

against the said

obtained by (b) on the

day of

in the Supreme Court

4. Execution on the said judgment or order has not been stayed.

for the

judgment creditor."

Dated this

day of

Judgment Creditor (c)

NOTE. Where the debtor resides at a place other than his place of business both addresses should be inserted.

No. 5.

BANKRUPTCY NOTICE ON JUDGMENT OR ORDER.

(Title.)

To A.B. (or A.B. & Co.)

R. 43.

TAKE NOTICE that within [seven] days after service of this notice on you excluding the day of such service, you must pay

tɔ

(a) Strike out if no

agent au- thorised. (b) Insert name of creditor.

(d) "his" or "their "

the sum of $

[or to

of his (or their) agent duly authorised] (a) clained by (b)

as being the amount due on a final judgment or order obtained by (c) against you in the Supreme Court, dated whereon execution has not been stayed, or you must secure or compound for the said sum to (d)

satisfaction [or the

satisfaction of his (or their) said agent](a) or to the satisfaction of the court; or you must satisfy the court that you have a counterclaim, cet-off, or cross-demand against(c) which equals or exceeds the sum claimed by(c)

and which you could not set up in the action or other proceedings in which the judgment or order was obtained.

Dated this

day of

Registrar.

(e) Name of creditor. (f) Name

and address of solicitor suing out the notice, or

"This notice

is sued out

INDORSEMENT ON NOTICE.

You are specially to note·

That the consequences of not complying with the requisitions of this notice are that you will have committed an act of bank- ruptcy, on whh bankruptcy proceedings may be taken against you.

If, however, you have a counterclaim, set-off, or cross- demand which equals or exceeds the amount claimed by(e)

in respect of the judgment or order and which you could not set up in the action or other proceedings in which the said judgment or order was obtained, you must within days apply to the court to set aside this notice, by filing with the Registrar an affidavit to the above effect.

in person."

No. 6.

FORM OF AFFIRMATION.

(Alternative form to be used in cases where deponent is affirmed and not sworn, and form of jurat where affirmation has to be interpreted to deponent).

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932. 837

1 affirm.

do solemnly and sincerely

Affirmed at the Courts of Justice, Hong Kong, this day of

　　　　　　　19 the contents of this affirmation having been first duly interpreted to the deponent in the

Sworn Interpreter

Before me,

A Commissioner &c.

language

No. 7.

AFFIDAVIT OF SERVICE OF BANKRUPTCY NOTICE.

(Title.)

In the matter of a bankruptcy notice, issued

R. 47.

I, L.M., of

make oath and say:-

did on

day the

day of

1. That I

19 serve the above-mentioned A.B. [or the partners in the above-mentioned firm of

1 with a copy of the above-mentioned notice, duly sealed with the seal of the court, by delivering the same personally to the said A.B. [or C.D. a partner or E.F. a person having at the time of service the control and management of the partnership business there or of the business carried on under the above-mentioned name or style] at [place] at

in the

noon.

2. A sealed copy of the said notice is hereunto annexed and marked

Sworn at, &c.

L.M.

NOTE. If the service is effected on a person having at the time of service the control or management of the partnership business, the affidavit must, after the description of the place of service, contain the words "being the principal place of business of the said

No. 8.

R. 44, 45.

AFFIDAVIT ON APPLICATION TO SET ASIDE BANKRUPTCY NOTICE.

(Title.)

I, A.B., of

make oath and say:-

1. That I was, on the

day of

served

with the notice hereunto annexed [or, describe the notice.]

That I have satisfied the debt claimed by C.D. by [state nature of satisfaction].

Or,

2. That I have a counter-claim [or set-off or cross-demand] for $ being a sum equal to [or exceeding] the claim of the said C.D. in respect of [here state grounds of counter-claim].

3. That I could not have set up the said counter-claim [er, as the case may be] in the action in which the said judgment or order was obtained against me.

Sworn at, &c.

838

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

No. 9.

ORDER SETTING ASIDE BANKRUPTCY NOTICE.

(Title)

In the matter of a bankruptcy notice issued.....

R. 48.

Upon the application of A.B. to set aside this notice, and upon reading the affidavit of A.B. [and upon hearing

for costs [or,

is is ordered that this notice be set aside, and that C.D. [or, as the case may be] pay to A.B. the sum of $ the costs of this matter].

Dated this

day of

Or,

(Title.)

Registrar.

In the matter of a bankruptcy notice issued......

and hearing

Upon the application of A.B. to set aside this notice, and upon reading

　　　　　　　　　　　　　　and upon the said A.B. having entered into a bond in the penal sum of [the amount of the alleged debt and probable costs or such other sum as the court may direct], with such two sufficient sureties as the court [or C.D. has approved [or having deposited in court the sum of $ ], as security for the amount claimed by the notice, the condition of the bond [or deposit] being [here insert condition], it is ordered, &c.

Dated this

day of

No. 10.

CREDITOR'S PETITION.

(Title.)

Registrar.

R. 55.

(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.

Note.-The

address at which the

debtor was residing or

carrying on business when the petitioning creditor's

debt was incurred should in

I, C.D., of

[or we, C.D., of

and E.F., of

of (b)

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

1. That the said A.B. is domiciled in the Colony [or has within a year next preceding the presentation of this petition resided [or carried on business] within the Colony [or, as the case may be, following the terms of section 6].

2. That the said A.B. is justly and truly indebted to me [or us] in the aggregate in the sum of $

　　　　　　　　　　　　　[set out amount of debt or debts, and the consideration].

3. That I [or we] do not, nor does any person on my [or our] behalf hold any security on the said debtor's estate, or on any part thereof, for the payment of the said sum

Or,

That I hold security for the payment of [or part of] the said sum [but that I will give up such security for the benefit of the creditors of A.B. in the event of his being adjudged bank- rupt (or and I estimate the value of such security at the sum of $

)].

Or,

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

That I. C.D., one of your petitioners, hold security for the all cases payment of, &c.

appear in

the petition

That I, E.F., another of your petitioners, hold security for (see Rule

52). the payment of, &c.

4. at A.B. within three months before the date of the pre- sentation of this netition has committed the following act [or acts] f bankruptcy, namely [here set out the nature and date or dates of the act or arts of bankruptcy relied on].

839

Dated this

day of

(Signed)

C.D.

E.F.

Signed by the petitioner in

my presence

Signature of witness.

Address.

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 petition be 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. If the debtor resides at any place other than the place where he carries on business both addresses should be inserted.

Indorsement.

This petition having been presented to the court on the it is ordered that this

day of

petition shall be heard at

on the

o'clock in the

day of

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 Official Receiver a notice showing the grounds upon which you intend to show cause, and post a copy of the notice to the petitioner or his solicitor, in each case three days before the day on which the petition is to be heard.

No. 11.

Registrar

AFFIDAVIT OF TRUTH OF STATEMENTS IN PETITION.

R. 55.

(Title.)

the petitioner named in the petition hereunto

annexed make oath and say:-

That the several statements in the said petition are within my own knowledge true.

Sworn at, &c.

C.D.

NOTE. If the petitioner cannot depose that the truth of all the several statements in the petition is within his own know- ledge he must set forth the statements the truth of which he can depose to, and file a further affidavit by some person or persons who can depose to the truth of the remaining state- ments.

840

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

No. 12.

R. 55

AFFIDAVIT OF TRUTH OF STATEMENTS IN JOINT PETITION.

(Title.)

We, C.D., E.F., G.H., &c., the petitioners named in the petition hereunto annexed, severally make oath and say:

And first I the said C.D. for myself say-

1. That A.B. is justly and truly indebted to me in the sum of as stated in the said before-mentioned petition.

2. That the said A.B. committed the act [or acts] of bank- ruptcy stated to have been committed by him in the said before- mentioned petition.

3. That A.B. has within a year before the date of the pre- sentation of the petition ordinarily resided (or carried business) at

And I the said E.F. for myself say-

4. That A.B. is justly and truly indebted to me in the sum

as stated in the said before-mentioned petition.

of $

And I the said G.H. for myself say-

5. That A.B. is, &c.

Sworn by the deponents C.D., E.F.,

and G.H., &c.

(See note to last form.)

No. 13.

APPLICATION FOR INTERIM RECEIVER.

(Title.)

C.D.

E.F.

G.H.

R. 60

I. C.D., of

　　　　　　　　do, on the grounds set forth in the annexed affidavit, apply to the court to appoint the Offic'si Receiver as interim receiver of the property of the said A.B., and [here insert any special directions to the receiver that may be desired.

Dated this

day of

(Signed) C.D.

Order thereon.

Upon reading this application and the affidavit therein refer- red to, and hearing

it is ordered that upon a deposit of $100 being lodged by the applicant the Official Receiver be thereupon constituted interim receiver of the property of the said A.B., and [here insert directions, if any].

Nature and locality of property to be taken possession of...................

Dated this

day of

Registrar.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932. 811

No. 14.

AFFIDAVIT OF SERVICE OF PETITION.

R. 58

(Title.)

In the matter of a petition dated

I, L.M., of

make oath and

say:

day the

•

1. That I did, on

　　　　　　　　　　　　　　day of serve the above-mentioned A.B. [or the partners in the above- mentioned firm of

with a copy of the above- mentioned petition, duly sealed with the seal of the court, by delivering the same personally to the said A.B. [or C.D., a partner, or E.F., a person having at the time of service the control and management of the partnership business there or of the business carried on under the above-mentioned name or style] at* [place] before the hour of

in the

noon.

2. A sealed copy of the said petition is hereunto annexed.

Sworn at, &c.

L.M.

*NOTE.-If the service is effected on a person having at the time of service the control and management of the partnership business, the affidavit must, after the description of the place of service, contain the words "being the principal place of business of the said

No. 15.

R. 47.

SUBSTITUTED SERVICE OF PETITION OR BANKRUPTCY NOTICE.

NOTICE IN NEWSPAPER.

(Title.)

In the matter of a bankruptcy petition filed the

notice issued on the

day of

[or in the matter of a bankruptcy

day of

19 }.

Take notice that a bankruptcy petition has been presented [or a bankruptcy notice has been issued] against you by

and the court has ordered

that the sending of a sealed copy of the petition [or bankruptcy notice] together with a sealed copy of the order for substituted service by registered post addressed to

and/or the publication of this notice in the

newspapers [following the terms of the order for substituted service shall be deemed to be service of the petition [or bankruptcy notice] upon you; (a) and further take notice that (~) Add the said petition will be heard at the court on the

day of

o'clock in the

noon, on which day you are required to appear, and if you do not appear the court may make a receiving order against you in your absence.

The petition [or bankruptcy notice] can be inspected by you on application at the court.

this in case of a petition.

Dated this

To A.B.

day of

Registrar.

842

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

No. 16.

R. 47.

ORDER FOR SUBSTITUTED SERVICE OF A PETITION OR BANKRUPTCY

NOTICE.

(Title)

day of

In the matter of a bankruptcy petition filed the

[or In the matter of a bankruptcy notice issued on the

day of

19 ]

Upon the application of affidavit of

and upon reading the in the

It is ordered that the sending of a sealed copy of the above- mentioned petition [or bankruptcy notice] together with a seal- ed copy of this order by registered post addressed to

and/or by publication in the

newspapers

[of the presentation of such petition and the time and place fixed for hearing the petition] or [of

[of the issuing of such bankruptcy notice] shall be deemed to be good and sufficient service of the said petition [or bankruptcy notice] on the sail

on the

　　　　　　　day of completing such posting or publication as aforesaid.

Dated this

day of

No. 17.

Registrar.

NOTICE BY DEBTOR OF INTENTION TO OPPOSE PETITION.

(Title.)

R. 67.

In the matter of a bankruptcy petition presented against me on the

19 by C.D. of G.H. of

day of

[or and E.F. of

&c.]

I, the above A.B., do hereby give you notice that I intend to show cause against the petition, and that I intend to dispute the petitioning creditor's debt [or the act of bankruptcy, or to contend that,

or as the case may be.]

Dated this

day of

To the Official Receiver, and to C.D. (petitioning creditor).

No. 18.

ORDER TO STAY PROCEEDINGS ON PETITION.

(Title.)

R. 80.

In the matter of a bankruptcy petition against A.B.

Upon the hearing of this petition this day, and the said A.B. appearing and denying that he is indebted to the petitioner [where petition presented by more than one creditor, add the name of the creditor whose debt is denied] in the sum stated in the petition [or alleging that he is indebted to the petitioner in a sum of a less amount than three hundred dollars], [or alleging that he is indebted to C.D., one of the petitioners, in a sum less than the sum stated to be due from him in the petition it is ordered that the said A.B. shall within days enter into a bond in the penal sum of [the amount of the alleged debt and probable costs, or such other sum as the court may direct] with such two sufficient sureties as the court shall approve to pay [or deposit with the Registrar the sum of as security for the payment of such sum or sums as shall be recovered against the said A.B. by C.D. the petitioner for one of the petitioners] in any proceeding taken or continued by him

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932. 843

against the said A.B., together with such costs as shall be given by the court.

And it is further ordered, that upon the said A.B. entering into the bond aforesaid, all proceedings on this petition shall be stayed until after the court shall have come to a decision on the proceedings.

Dated this

day of

Registrar.

R. 13, 80.

No. 19.

BOND ON STAY OF PROCEEDINGS, SECURITY, &c.

(Title.)

Know all men by these presents, that we, A.B. of &c., and C.D. of &c., and E.F. of &c., are jointly and severally held and firmly bound to L.M. of &c., in

dollars to be paid

to the said L.M., or his certain attorney, executors, administra- tors, or assigns, for which payment to be made we bind our- selves and each and every of us, our and each of our heirs, executors, and administrators, jointly and severally, firmly by these presents.

Sealed with our seals, and dated this one thousand nine hundred and

day of

Whereas a bankruptcy petition against the said A.B. having been presented to the court he did appear at the hearing of the said petition and deny that he was indebted to the petitioner for to one or more of the petitioners], [or allege that he was indebted to the petitioner in the sum of dollars only or as the case may be].

Now, therefore, the condition of this obligation is such that if the above-bounden A.B., or the said C.D. or E.F., shall on demand well and truly pay or cause to be paid to L.M., his attorney or agent, such sum or sums as shall be recovered against the said A.B. by any proceedings taken or continued within twenty-one days from the date hereof in any competent court by the said L.M. for the payment of the debt claimed by him in the said petition, together with such costs as shall be given to the said L.M. by such court for whatever the condition of the bond is] this obligation shall be void, otherwise it shall remain in full force.

A.B.

(L.S.)

C.D.

(L.S.)

E.F.

(L.S.)

Signed, sealed and delivered by the above-bounden

the presence of

NOTE. If a deposit of money be made the memorandum should follow the terms of the conditions of the bond. This form may be adapted to other cases.

844

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

No. 20.

NOTICE OF SURETIES.

(Title.)

R. 18.

In the matter of a bankruptcy petition [or In the matter

of a bankruptcy notice by C.D.] of

Take notice that the sureties whom I propose as my security in the above matter [here state the proceeding which has ren- dered the sureties necessary] are [here state the full names and descriptions of the sureties, and their residerces for the last six months, therein mentioning the county or city, places, streets, and numbers, if any].

Dated this

day of

and to L.M. of

To the Registrar

No. 21.

AFFIDAVIT OF JUSTIFICATION.

(Tille.)

R. 19.

In the matter of a bankruptcy petition against A.B. of

for In the matter of a bankruptcy notice by L.M. against A.B. of

I, E.F., of

one of the sureties for

make oath

and say:-

1. That I am a householder [or, as the case may be], re- siding

[describing particularly the street or place, and the number of the house, if any).

[the

2. That I am worth property to the amount of $ amount required] over and above what will pay my just debts [if security in any other action or for any other purpose, add and every other sum for which I am now security].

3. That I am not bail or security in any other matter, action, or proceeding, or for any other person [or if security in any other action or actions, add] except for C.D., at the suit of E.F., in the Supreme Court in the sum of $ ; for G.H., at the

suit of I.K., in the Supreme Court in the sum of $ [specifying the several actions or matters, and courts, and the sums in which he has become bound]

4. That my property, to the amount of the said sum of $ [and if security in any other action, &c., over and above all other sums for which I am now security as aforesaid], consists of [here specify the nature and value of the property in respect of which the deponent propose to become bondsman as follows, stock in trade, in my business of

of the value of $

to me to the amount of $

carried on by me at

of good book debts owing of furniture in my house of leasehold property

of the value of $

situate on

or of other

of the value of $ property, particularising each description of property, with the value thereof]·

5. That I have for the last six months resided at [describing the place of such residence, or if he has had more than one residence during that period, state it in the same manner as above directed].

Sworn at, &c.

E.F

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

No. 22.

ADJOURNMENT OF PETITION.

(Title.)

Upon the hearing of the petition this day, and hearing

for the petitioner and

Receiver, and reading

hearing of this petition be adjourned until the

19, at

Dated this

for the debtor and the Official it is ordered that the further

day of

o'clock in the

noon.

day of

815

No. 23.

DISMISSAL OF PETITION.

(Title.)

Registrar.

R. 69.

In the matter of a bankruptcy petition filed the [date]. Upon the hearing of this petition this day, and upon reading and the Official Receiver it is ordered that this petition be dismissed [and that the petitioner do pay to the said A.B. the taxed costs thereof].

and hearing

Dated this

day of

Registrar.

No. 24.

ORDER RESTRAINING ACTION, &C., BEFORE RECEIVINg Order.

(Title.)

Upon the application of ordered that L.M. of

and upon reading

it is shall be restrained from taking any further proceedings in the action brought by him [or, upon the judgment recovered or obtained by him] against the said A.B. in [here state the number of the action] [or] it is ordered that the proceedings in the action [or suit] brought by him against the said A.B. in [here state the number of the action] may be proceeded with on [here insert the terms fixed by the court].

Dated this

day of

Registrar.

No. 25

RECEIVING ORDER ON DEBTOR'S PETITION.

(Title.)

R. 68, 74.

On the petition of the debtor himself, filed the

day of

a receiving order is hereby made

846

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

against A.B. [insert name, addresses, and descriptions of debt-

or as set out in petition], and the Official Receiver is hereby constituted receiver of the estate of the said debtor.

Dated this

day of

Registrar.

NOTE. The above-named debtor is required immediately after the service of this order upon him to attend the Official Receiver at his offices at the Courts of Justice.

The Official Receiver's offices are open (except on holidays) every week-day from 10 a.m. to 4 p.m., except Saturdays, when they close at 1 p.m.

Indorsement on Order.

The name and address of the solicitor (if any) to the debtor are [insert name and address].

No. 26

RECEIVING ORDER ON CREDITOR'S PETITION.

(Title.)

On the petition dated the

of J.S., of

R. 68, 74.

day of

a creditor filed the [insert date], and on reading

and hearing

and it

appearing to the court that the following act or acts of bank- ruptcy has or have been committed, viz. :-

[Set out the nature and date or dates of the act or acts of bankruptcy on which the order is made.]

A receiving order is hereby made against A.B. [insert name, addresses, and descriptions of debtor as set out in petition] and the Official Receiver is hereby constituted receiver of the estate of the said debtor.

Dated this

day of

Registrar.

NOTE. The above-named debtor is required, immediately after the service of this order upon him, to attend the Official Receiver at his offices at the Courts of Justice.

The Official Receiver's offices are open every week-day from 10 a.m. to 4 p.m., except Saturdays, when they close at 1 p.m.

Indorsement on Order.

The name and address of the solicitor creditor are [insert name and address].

the petitioning

No. 27.

•

R. 78.

Ord., s. 78 (1) (†). Ord.. First Sch., r. 3. Ord., s. 22 (2).

NOTICE OF RECEIVING ORDER, &c. (for local newspaper).

(Title.)

Receiving order made

Date and place of first meeting

Date of public examination

Date of adjudication (if any)

NOTE --All debts due to the estate should be paid to me.

Official Receiver.

Dated this

day of

}

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

847

To the Debtor,

No. 28.

STATEMENT OF AFFAIRS.

(Title.)

R. 81, 150.

You are required to fill up, carefully and accurately, this sheet, and such of the several sheets A, B, C, D, E, F, G, H, I, J, K, L and M (1) as are applicable showing the state of your affairs on the day on which the receiving order was made against you, viz. the

day of Such sheets, when filled up, will constitute your Statement of Affairs, and must be verified by oath, declaration or affirmation.

Liabilities

Assets

Esti-

Gross

Expect- liabili- (as stated and estimated by ed to (as stated and estimated by mated to

ties.

Debtor).

rank.

Debtor).

produce.

Unsecured creditors as per

list (A)

Creditors fully secured as

per list (B)

Estimated value of secu-

rities

Surplus

Less amount thereof car-

ried to sheet (C)

Balance thereof to contra

Creditors partly secured

as per list (C) Less estimated value of

securities

Liabilities on bills dis-

counted other

than debtor's own ассер- tances for value as per list (D), viz. :--

On accommodation bills as drawer, acceptor, or indorser

Property as per list (H), viz

(a) Cash at bankers (b) Cash in hand

(d) Stock-in-trade (cost $ (e) Machinery

(f) Trade fixtures, fittings,

utensils, &c.

(g) Furniture

(h) Life policies

(i) Stocks and shares

(1) Reversionary or other in-

terests under wills (k) Other property, viz. :

Total as per list (H)...'

Book debts as per list

(I), viz. :-

Good

Doubtful Bad

On other bills as drawer

or indorser

Of which it is expected will rank against the estate for dividend

Contingent or other liabilities

as per list (E)

Of which it is expected will rank against the estate for dividend

Creditors for rent, &c., recoverable by distress as per list (F) Creditors for rates, taxes wages, &c., payable in full as per list (G)

Deducted contra

Estimated to produce...

Bills of exchange, or other

similar securities on hand as per list (J)

Estimated to produce...

Surplus from securities in the hands of creditors fully sec- ured (per contra)

Deduct Creditors for distrain- able rent and for preferenti- al rates, taxes, wages, sheriff's charges, &c. (per contra)

(2) Surplus explained in state-

ment (K)

(2) Deficiency

explained in

statement (K)

(1) Sheet "L" should be substituted for any one or more of such of

the sheets named as will have to be returned blank.

(2) Strike out words which do not apply.

848

the above statement and the several lists hereunto annexed marked

make oath and say that

are, to the best of my knowledge and belief, a full, true and complete statement of my affairs on the date of the above-mentioned receiving order made against me.

Sworn at the Courts of Justice, Hong Kong, this

day of

Before me,

A Commissioner &c.

Signature.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

Alternative form to be used where affirmation is made, and statements of affairs has to be interpreted to deponent.

do solemnly and sincerely affirm that the contents of this my statement

of affairs and of the several lists thereunto annexed and of my affirmation are to the best of my knowledge and belief full, true and complete.

Affirmed at the Courts of Justice, Hong Kong, this

day of

the contents of this statement

of affairs and of the several lists hereunto annexed, and the affirmation, having been first duly interpreted to the deponent in the language by

Sworn Interpreter.

Before me,

A Commissioner &c.

Signature.

UNSECURED CREDITORS.

The names to be numbered consecutively, creditors for $1000 and upwards being placed first.

No.

Name

Address and Occupation.

Amount of Debt.

Date when Contracted.

Month.

Consideration.

Year.

Signature.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

849

Dated this

day of

NOTES.-1. When there is a contra account against the creditor, less than the amount of his claim against the estate, the amount of the creditor's claim and the amount of the contra account should be shown in the third column, and the balance only be inserted under the heading ""Amount of Debt," thus:

Total amount of claim Less contra account

No such set-off should be included in sheet "I."

2. The particulars of any bills of exchange and promissory notes held by a creditor should be inserted immediately below the name and address of such creditor.

CREDITORS FULLY SECURED.

Date when

Name

Address

No.

Creditor.

and

Occupation.

Amount

Contracted.

Consideration.

Particulars

Debt.

Security.

Date when

given.

Month.

Year.

Dated this

day of

CREDITORS PARTLY SECURED.

Estimated

Value of

Security.

Estimated Surplus from

Security.

Signature.

Date when

No.

Name.

Creditor.

Address

and

Occupation.

Amount

Contracted.

Consideration.

Particulars

Debt.

Security.

Month and Year when given.

Month.

Year.

Dated this

day of

850

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

Estimated

Value of

Security.

Balance of Debt

Unsecured.

Signature.

ད

دم

LIABILITIES OF DEBTOR On Bills discounted other than his own Acceptances for Value.

No.

Acceptor's Name, Address, and Occupation.

Whether

liable as

Amount.

Drawer

Date when due.

Holder's Name, Address, and Occupation (if known).

Indorser.

Accommodation Bills.

Other Bills.

Dated this

day of

Signature.

CONTINGENT OR OTHER LIABILITIES.

(FULL PARTICULARS of all Liabilities not otherwise Scheduled to be given here.)

No.

Amount

Liability

Name of Creditor or Claimant.

Address and Occupation.

Claim.

Dated this

day of

, 19

Amount

expected to rank against Estate for

Dividend.

Amount

expected to

rank

Date when Liability incurred.

Nature of Liability.

for Dividend.

Month.

Year.

...

Signature.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

851

CREDITORS FOR RENT, &c., RECOVERABLE BY DISTRESS.

€

No.

Name of Creditor.

Address and Occupation. Nature of Claim.

Period during which

Claim

accrued due.

Date

when due.

Amount

of Claim.

Dated this

day of

PREFERENTIAL CREDITORS FOR RATES, TAXES, AND WAGES.

Amount recoverable by

Distress.

Difference ranking for Dividend

(To be

carried to

List A.).

Signature.

No.

Name of Creditor.

Address and Occupation. Nature of Claim.

Period during which Claim

accrued due.

Date

Amount

when due. of Claim.

Amount

payable in

full.

Dated this

day of

852

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

Difference

ranking for Dividend

to be

carried to

List A.

Signature.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

PROPERTY.

FULL PARTICULARS of every description of PROPERTY in possession

and in reversion as defined by section 2 of the Ordinance,

not included in any other list, are to be set forth in this

list

Estimated

Full Statement and Nature of Property.

produce.

(a) Cash at bankers

(b) Cash in hand

(d) Stock in trade at

(e) Machinery at

Cost $

(f) Trade fixtures, fittings, utensils, &c., at

(g) Household furniture and effects at

(h) Life policies

(i) Stocks and shares

(1) Reversionary or other interests under wills, &c....

(k) Other property including all property in a tong

pame or under any alias (state particulars), viz...

Dated this

day of

•

Signature.

853

DEBTS DUE TO THE ESTATE.

Residence and

No. Name of Debtor.

Occupation.

Amount of Debt.

Good. Doubtful.

Folio of Ledger or other Book where Particulars to be found.

When contracted.

Estimated to

produce.

Bad.

Month.

Year.

day of

Signature.

Particulars of any Securities held for debt.

854

NOTE.-If any debtor to the estate is also a creditor, but for a less amount than his indebtedness, the gross amount due to the estate and the amount of the contra account should be shown in the third column, and the balance only be inserted under the heading "Amount of Debt," thus:-

Dated this

Due to estate Less contra account

No such claim should be included in sheet "A."

...

BILLS OF EXchange, ProMISSORY NOTES, &C., AVAILABLE AS ASSETS.

No.

Name of Acceptor of

Address, &c.

Bill or Note.

Amount of Bill or Note.

Date when

due.

Estimated to produce.

Dated this

day of

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

Particulars of any Froperty held as Security for Payment of Bill or Note.

Signature.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932. 855

DEFICIENCY (OR SURPLUS) ACCOUNT,

號

Excess of assets over lia-

bilities on the (1)

day of

(if any).

Net profit (if any) aris- ing from carrying on business from the (1) day of

to date of Receiving Order, after deducting usual trade expenses.

Income or profit from other sources (if any) since the (1) day of

Gifts from relations and

others.

(5) Deficiency as per Statement of Affairs.

Total amount to be ac-

counted for

(6)

もま

Excess of liabilities over

assets on the (1)

day of

(if any).

Net loss (if any) arising from carrying on busi- ness from the (1)

day of

19 to date

of Receiving Order, after charging against profits the usual trade expenses.

Bad debts (if any) as per

Schedule "I" (2)

Depreciation of stock in

trade.

Depreciation of machinery

Depreciation of trade fix-

tures, fittings, &c.

Expenses incurred since

the (1)

day of

19 other than usual trade expenses, viz., household and personal expenses of self and family (3)

(4) Other losses and ex-

penses (if any).

(5) Surplus as per State-

ment of Affairs.

Total amount accounted

for

(6)

Notes. (1) This date should be twelve months before date of receiving order, or such other time as Official Receiver may have fixed.

(2) This schedule must shew when debts were contracted.

(3) Specify all dependants.

(4) Here add particulars of other losses or expenses (if any), in- cluding liabilities (if any) for which no consideration received. (5) Strike out words which do not apply.

(6) These figures should agree.

Dated this

day of

Signature.

856

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

IN SUBSTITUTION for such of the sheets named "A" to "J" as will have to be returned blank.

List.

Particulars, as per front sheet.

Unsecured creditors

Creditors fully secured

Creditors partly secured

Liabilities of debtor on bills discounted other than his own acceptances for value...

Contingent or other liabilities...

Creditors for rent, &c., recover-

able by distress

Preferential creditors for rates,

taxes and wages

Property

Debts due to the estate

Bills of exchange, promissory

notes, &c., available

assets

DEBTOR'S REMARKS.

Where no particulars are enter- ed by the debtor on any one or more of the lists named "A" to "J" the word "Nil" should be inserted in this column opposite the parti- cular list or lists thus left blank.

Dated this

day of

Signature.

Particulars of all property held by or in name of wife (or of any

concubine.)

Nature of property.

When Acquired.

From whom. Consideration.

Remarks.

Dated this

day of

Signature.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932. 857

No. 29.

Ord., First Sch., r. 1.

APPLICATION FOR EXTENSION OF TIME FOR HOLDING FIRST

MEETING AND ORDER THEREON.

(Title.)

Ex parte the Official Receiver.

the Official Receiver in the above matter,

apply to the court day of

for an extension of time to the

19 for holding the first meeting of creditors, on the ground following (a):-

(a) Strike out such of the

18 are not

applicable.

That the said debtor has not submitted a statement of and grounds as

in relation to his affairs in compliance with section of the Ordinance.,

Or,

That the said debtor has obtained an extension of time for submitting a statement of and in relation to his affairs, viz., to the

day of

Or,

That the prescribed notice in the Gazette of the first meet- ing of creditors in the above matter required by Rule 2 of the First Schedule to the Ordinance cannot be given in time for holding the meeting within 14 days from the date of the receiving order.

Or,

That there may be sufficient time for the books of the debtor to be examined and the statement of affairs investigated.

Dated this

day of

Official Receiver.

Order thereon.

Upon the application of the Official Receiver it is ordered that the time for holding the first meeting of creditors in the above matter be extended to the

Dated this

day of

19.

No. 30.

Registrar.

R. 101.

NOTICE TO CREDITORS OF FIRST MEETING, WHERE THE Debtor HAS NOT SUBMITTED A PROPOSAL FOR A COMPOSITION OR SCHEME.

(Title.)

(Under receiving order dated the

day of

19 .)

Notice is hereby given, that the first meeting of creditors in the above matter will be held at the Official Receiver's Office, Courts of Justice, on the o'clock in the

noon.

day of

To entitle you to vote thereat your proof must be lodged with me not later than twenty-four hours before the time >appointed for the meeting.

858

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

Proxies to be used at the meeting must be lodged with me

not later than twenty-four hours before the time appointed for the meeting.

The public examination of the debtor is fixed for the

day of noon, at the Courts of Justice.

o'clock in the

Any creditor who has tendered a proof, or his representative authorised in writing, may question the debtor on his public examination concerning his affairs and the causes of his failure.

Dated this

day of

Official Receiver.

(a) Here

insert "has

: not been

lodged," or "has been lodged."

(The debtor's statement of affairs (a)

NOTE.

At the first meeting the creditors may amongst other things:-

1. By ordinary resolution resolve that the debtor be adjudged bankrupt, and in that case they may also, by ordinary resolu- tion, appoint a trustee.

2. By ordinary resolution appoint a committee of inspection from among the creditors or the holders or intended holders of general proxies or general powers of attorney for the creditors.

3. A form of proof and forms of general and special proxy are sent herewith.

No. 31.

R. 101.

NOTICE OF FIRST OR OTHER MEETING WHERE DEBTOR SUBMITS AN OFFER OF COMPOSITION OR SCHEME.

(Title.)

[Under receiving order, dated the

day of

19 .]

Notice is hereby given that the first [or a general] meeting of the creditors of the above-named debtor will be held at the Official Receiver's Office, Courts of Justice, on the

day

noon precisely.

19 at

o'clock in the

Creditors qualified to vote at such meeting may, by a re- solution passed by a majority in number, and three-fourths in value, of all the creditors who have proved their debts, accept the proposal made by the debtor for a composition [or scheme], the terms of which are set forth in the accompanying report, or any amendment of such proposal which in the opinion of the Official Receiver is calculated to benefit the general body of creditors.,

Proofs of debt intended to be used at the meeting must be lodged with the Official Receiver not later than twenty-four hours before the time appointed for the meeting.

Proxies to be used at the meeting must be lodged not later than twenty-four hours before the time appointed' for the meeting.

Creditors who prove their debts, and whose proofs are ad- mitted, and who do not vote on the debtor's proposal, will be reckoned as voting against it.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

The public examination of the debtor is fixed for the

day of

　19 at the Court of Justice.

o'clock in the

noon,

Any creditor who has tendered a proof, or his representative authorised in writing, may question the debtor on his public examination concerning his affairs and the causes of his failure.

859

Dated this

day of

Official Receiver.

NOTES.

1. Creditors who have proved may vote for or against the ac- ceptance of the debtor's proposal by means of the voting letter attached to the Official Receiver's report.

2. If the proposal be not accepted the meeting may, if the debtor has not already been adjudged bankrupt, resolve on his adjudication, and in that case they may also by ordinary re- solutions appoint a trustee and a commitee of inspection.

3. A form of proof and forms of general and special proxy are sent herewith.

No. 32.

(Title.)

NOTICE TO CREDITORS OF ADJOURNED MEETING.

day of

R. 101.

Take notice that the meeting of creditors in the above matter held on the

at the Official Re-

day of

ceiver's Office was adjourned to the

and will accordingly be held at the Official Receiver's Office, Courts of Justice, on the said day at

o'clock in the

noon.

Agenda.

[Insert here nature of business to be transacted.]

Dated the

day of

No. 33.

Official Receiver.

R. 105.

AFFIDAVIT OF POSTAGE OF NOTICES. FIRST MEETING.

(Title.)

a clerk in the office of the Official Receiver,

made oath and say as follows:-

day of

1. That I did on the

19 send to each creditor mentioned in the debtor's statement of affairs, and to the above-named debtor a notice of the time and the place of the (a) first meeting of creditors.

(^) Insert here if

2. That such notices were addressed to the said creditors re- necessary spectively, according to their respective names and addresses "adjourned."

860

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

appearing in the statement of affairs of the said debtor, and also to the said debtor at

3. That the post office acknowledgment therefore is hereunto annexed marked "A".

Sworn at, &c.

No. 34.

R. 105

CERTIFICATE OF POSTAGE OF NOTICES. FIRST MEETING.

hereby certify:-

(Title.)

a clerk in the office of the Official Receiver,

(a) Insert here, if

necessary,

"adjourned."

1. That I did, on the

day of

send to each creditor mentioned in the debtor's statement of affairs, a notice of the time and place of the(a) meeting of creditors.

first

2. That such notices were addressed to the said creditors re- spectively according to their respective names and addresses appearing in the statement of affairs of the said debtor.

3. That the Post Office acknowledgment is hereunto annexed marked "A."

day of

4. That I did on the said send by registered post notice of the time and place of the said meeting to the said debtor, and that such notice was sent to the following address, viz:-

Dated this

day of

Clerk to the Official Receiver.

No. 35.

R. 100

NOTICE TO DEBTOR TO ATTEND FIRST MEETING OF CREDITORS.

(Title.)

irst meeting of your creditors will be day of

Take notice that the held on the o'clock at the Official Receiver's Office, Courts of Justice, and that you are required to attend thereat, and submit to such examination and give such information as the meeting nay require. And further, take notice that if you fail to comply with the requirements of this notice, you will be guilty of a contempt of court, and may be punished accordingly.

Το

Dated this

day of

Official Receiver

the above-named debtor.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

No. 36.

RESOLUTIONS WHERE ADJUDICATION RESOLVED ON.

(Title.)

this

Minutes of resolutions come to and proceedings had at the first meeting of creditors held at

day Official Receiver, Chairman

Resolved as follows [unanimously]:-

That A.B. shall be adjudged bankrupt, and that the Official Receiver do apply to the court to make the adjudication.

That G.H. of [residence and occupation] [or that the Official Receiver] shall be the trustee of the property of the bankrupt.

That 1.K., L.M., N.O., P.Q., and R.S. be appointed the committee of inspection in this bankruptcy, for the purpose of superintending the administration of the property of the bank- rupt by the trustee.

[Here add any other resolutions that may be come to as to the manner of the administration of the property by the trustec, &c.]

861

Number.

Assenting Creditors' Signatures.

Amount of Proof.

Number.

Chairman.

Dissenting Creditors' Signatures.

Amount of Proof.

NOTE. When a resolution is carried unanimously the creditors need not sign, but when a division is taken all creditors and holders of proxies voting should sign. The signatures must be attached at the meeting. Resolutions should be put separately.

No. 37.

R. 107

MEMORANDUM OF ADJOURNMENT OF FIRST OR OTHER MEETING.

(Title.)

Meeting held at

on the

day of

•

o'clock.

862 THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

(a) "First" or as the

case may be.

Memorandum.-The (a)

meeting of creditors in the above matter was held at the time and place above mention- ed, and the several proofs of debt lodged were produced; but it appearing that (b)

the meeting was adjourned unt:1 day of

19 at o'clock in the noon, then to be held at the same place.

(b) Here

the

state reason for ad- journment.

Chairman.

No. 38.

MEMORANDUM OF PROCEEDINGS AT ADJOURNED FIRST MEETING

WHERE NO QUORUM.

(Title.)

Meeting held at 19, at

on the

day of

o'clock.

Memorandum.-The adjourned meeting of creditors in the above matter was held at the time and place above mentioned, and the several proofs of debt lodged were produced; but it appearing that there was not a quorum of creditors qualified to vote present or represented no resolution was passed, and the meeting was not further adjourned.

Chairman.

R. 10.

No. 39.

ORDER OF COURT FOR GENERAL MEETING OF CREDITORS.

(Title.)

Upon the application of C.D., of

it is ordered that

the trustee of the property of the bankrupt [or the Official Receiver] do summon a meeting of the creditors of the bankrupt to be held at

on the

o'clock in the

for which meeting called].

day of noon [here state the purpose

Dated this

day of

No. 40.

NOTICE OF MEETING (GENERAL FORM)

(Title.)

Registrar.

R. 10, 101

Take notice that a meeting of creditors in the above matter will be held at

}

on the oo'clock in the

noon.

day

(Forms of general and special proxy are enclosed herewith.)

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

AGENDA.

Dated this

day of

(Signed) (a)

[Here insert purpose for which meeting called.]

(a) "Trustee or "Official Receiver."

863

No. 41.

AFFIDAVIT OF POSTAGE OF NOTICES (GENERAL).

(Title.)

R. 105.

the trustee (or clerk to the trustee, as the case may be) in the above matter, make oath and say as follows:-

1. That I did on the

day of

19 send

to each creditor who has proved in this matter, and also to all creditors mentioned in the debtor's statement of affairs, a notice of (a)

(a) Insert here "the time and

2. That such notices were addressed to such of the said credi- place of a tors who have proved their debts according to the addresses in general meet- their respective proofs, and to such as have not proved, accord- ing," or, ing to their respective names and addresses appearing in the adjourned statement of affairs of the said debtor.

3. That the Post Office acknowledgement for the same is hereunto annexed and marked "A".

general

meeting,' or as the case may be.

Sworn at, &c.

No. 42.

CERTIFICATE OF POSTAGE OF NOTICES (GENERAL).

(Title.)

R. 105

a clerk in the office of the Official Receiver, hereby certify:-

day of

19 send

•

1. That I did on the to each creditor who has proved in this matter, and also to all creditors mentioned in the debtor's statement of affairs, a notice of (a)

(a) Insert here "the time and place of a

2. That such notices were addressed to such of the said creditors who have proved their debts according to the addresses general in their respective proofs, and to such as have not proved, ac- meeting," cording to their respective names and addresses appearing in the statement of affairs of the said debtor.

journed general meeting,"

3. That the Post Office acknowledgment for the same is or as the hereunto annexed and marked "A".

case may be.

Dated this

day of

Clerk to the Official Receiver.

864

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

No. 43.

R. 101.

NOTICE TO CREDITORS OF MEETING TO REMOVE TRUSTEE AND TO

APPOINT A PERSON TO FILL THE VACANCY.

(Tille.)

At the request of one fourth in value of the creditors of the bankrupt a general meeting of the creditors is hereby summoned to be held at at

on the

o'clock in the

day of

19 noon for the purpose of consider- ing the propriety of removing G.H., the trustee of the property of the bankrupt, from his office as such trustee, and in the event of his removal to appoint a person to fill the vacancy.

Dated this

day of

L.M.,

A member of the Committee of Inspection

[or Official Receiver].

No. 44.

R. 101.

NOTICE OF MEETING TO BE HELD TO APPOINT NEW TRUSTEE.

(Tille.)

I, C.D., Official Receiver, hereby give you notice that a meeting of creditors will be held at

on the

day of

19 at

o'clock in the

　　　　　　　　　　　　　　　　　　　　　　　noon, for the purpose of appointing a trustee in the place of the late trustec, who has resigned the office [or who has died or against whom a receiving order has been made].

Dated this

day of

Official Receiver.

No. 45.

LIST OF CREDITORS ASSEMBLED TO BE USED AT EVERY MEETING.

(Except a meeting at which a scheme or composition has been considered.)

(Title.)

Meeting held at

this

day of

Amount of

Number.

Names of Creditors present or represented.

Proof.

Total number of creditors presented or represented.

洽

}

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

No. 46.

R. 109.

PROOF OF DEBT.

GENERAL FORM.

(Title.)

No. (a)

of 19

ह

Re (a)

I (b)

oath and say-

make

to make this

aflidavit, and that it is within my own knowledge that the debt herein-after deponed to was incurred, and for the consideration stated, and that such debt, to the best of my knowledge and belief, still remains unpaid and unsatisfied.

(d) That I am duly authorised, under the seal of the company herein-after named, to make the proof of debt on its behalf.

That the said

order, viz., the

and truly indebted to (e)

in the sum of

at the date of the receiving

19 and still

justly

day of

dollars and

cents (

"A"} for

as shown by the*faccount endorsed hereon

(g)

account hereto annexed, marked "A"

which sum or any part thereof I say that I have not nor hath

or any person by (h)

　　　　　　　　　　　　　　　　order to my knowledge or belief for (h)

　　　　　　　　　　use had or received any manner of satisfaction or security whatsoever, save and except the follow- ing (i):-

Admitted to vote for

the

day

You should attend carefully to these directions.

(a) Here insert the number of matter, and the name of debtor, as given on the notice of meeting.

(b) Fill in full name, address, and occupation of deponent.

If proof made by creditor strike out clauses (c) and (d).

If made by clerk of creditor strike out (d.

If by clerk or agent of company strike out (c).

(e) Insert "me" or, in case of a firm "me and C.D, and E.F. my co- partners trading

jas +

clerk,

name,

or if by

insert

address,

and description

of principal.

Debt

: :

Contra

Official Receiver.

Where the debt

proved

ceeds

for

twenty

ex-

Sworn at

Admitted to rank for

this

day dollars

a one

dividend for

dollar stamp must

be affixed here

Before me

as otherwise the

this

day

Trustee.

Deponent's] signature.

pro f cannot be

admitted.

NOTE.

be defaced by

the Creditor

The Stamp must not

The proof cannot be admitted for voting at the first meeting unless it is properly completed and lodged with the Official Receiver before the time named in the notice convening such meeting.

$ :

NOTE THIS.

(f) State con- sideration [as Goods sold and delivered by me] my said to him

[and

partner

[or

them] at his

For their request between the dates of [or monies ad- vanced by me in respect of the un- dermentioned bill exchange], or

as the case may

be.

*Strike out the words not appli- cable.

(g) "my said partners or any

of the

them ΟΥ

above-

named credi-

tor'

}

may be.

as the case

(h) iny

ор

"our" or "their"

"his", as the case may be.

the

(i) Here state particulars

of all securities held, and where the securities are

on the property

the debtor, assess the value

of the same, and if any bills or other nego iable securities be held, specify them in the schedule.

NB-Bills or other negotiable securities must be produced before the proof can be admitted.

866

THE HONGKONG GOVERNMENT GAZETTE. NOVEMBER 18, 1932,

PARTICULARS OF ACCOUNT REFERRED TO ON OTHER SIDE.

(Credit should be given for contra accounts)

If space is not sufficient, let the particulars be annexed, but where the particulars are on a separate sheet of paper the same must be marked by the person before whom the affidavit is sworn, thus:

IN BANKRUPTCY.- "This is the account marked with the letter 'A' referred to in the annexed proof of the debt made by

in re

sworn before me this

day of

A Commissioner, etc.

Date.

Consideration.

Amount.

Signature of Deponent

Remarks.

* The vouchers (if any) by which the account can be substantiated should be set out here.

No. 47.

PROOF BY TRUSTEE IN PRIOR BANKRUPTCY.

R. 109.

(Title.)

I, oath and say :-

make

1. The said

was adjudicated a bankrupt and I am the trustee under such

bankruptcy.

2. There was at the date of the receiving (or administration) order herein, namely, the

day of

19,

and still is an unsatified balance of the debts provable in the aforesaid bankruptcy, of which I am trustee, amounting to as shown in the statement endorsed hereon [or annexed hereto and marked A].

3. I claim to prove in the present bankruptcy for the said

mount.

Sworn, &c.,

Before me,

'dmitted to vote for $

the

19.

day of

Official Receiver

or Trustee.

Admitted to rank for dividend

for $

this

day of

Official Receiver

or Trustee.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932. 867

No. 48.

PROOF OF DEBT OF WORKMEN.

R. 110.

I(a) ()

make oath and say:

1. That(c)

(Title.)

(a) Fill in full name, address, and occupation of deponent.

day of

at the

:) The

foreman of

named

date of the receiving order, viz., the

19 , above- and still

justly and truly indebted to the several per- named sons whose names, addresses, and descriptions appear in the debtor schedule endorsed hereon in sums severally set against their or the names in the sixth column of such schedule for wages due to the above- them respectively as workmen or others in(d) in respect of services rendered by them respectively to(e) debtor,

during such periods before the date of the or on behalf receiving order as are set out against their respective names in workmen the fifth column of such schedule, for which said sums, or any and others part thereof, I say that they have not, nor hath any of them employed had or received any manner of satisfaction or security whatso- by the

ever.

Sworn, &c.,

Schedule referred to on the other side.

of the

above- named debtor.

(d) "my employ" or "the employ of the above-named debtor."

(e) "me" or "the above-

named

debtor."

No.

Full Name of Workman.

5. Period Address. Description. over which Wages due.

Amount due.

No. 49.

NOTICE OF REJECTION OF PROOF OF DEBT.

(Title.)

R. 114, 115

Take notice, that, as Official Receiver [or trustee] of the above estate, I have this day rejected your claim against such estate(a) [to the extent of $

1 on the following grounds: (a) If proof)

wholly

rejected

And further take notice that if you are dissatisfied with my strike out decision in respect of your proof, you may apply to the court words to reverse or vary the same, but subject to the power of the underlined. court to extend the time, no application to reverse my decision in rejecting your proof will be entertained after the expiration of (b)

days from this date.

Dated this

day of

or vary

Official Receiver or Trustee.

(b) 21 days or 7 days as the case may be.

See Rules 117 and 123 (2).

868

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

No. 50.

R. 119.

(a) If a firm write "we"

1.(a)

of to be(c)

instead of

"1" and

set out

the full

name of

GENERAL PROXY.

(Title.)

a creditor, hereby appoint(b)

excepting as to the receipt of dividend(d)].

Dated this

general proxy in the above matter

day of

the firm.

(b) Here

insert either

"Mr of

a clerk.

manager, &c. in my

regular

employ, or "the Official Receiver.' The

standing of

the person appointed must be clearly set out.

(d) See footnote 1.

(e) If a firm,

sign the

firm's trad-

ing title,

and add "by A.B., a

partner in the said

firm".

As to

(Signature of witness)

(Address)

Notes.

(Signed)(c)

1. When the creditor desires that his general proxy should receive dividends he should strike out the words, "excepting as to the receipt of dividend," putting his initials thereto(f).

2. The authorised agent of a corporation may fill up blanks, and sign for the corporation thus:-

For the

Company, Limited.

J S. (duly authorised under the seal of the company,'

3. A proxy given by a creditor may be filled up and signed by any person in the employ of the creditor having a general signature by authority in writing to sign for such creditor. Such person shall

agent, see

footnotes

2 and 3.

(f) It is not intended

that the

Official

Receiver

shall in any

sign,

J.S. (duly authorised by a general authority in writing to sign on behalf (name of creditor) (g).)

case receive Certfiicate to be signed by person other than creditor filling up

dividends on

behalf of a

creditor.

(g) The

Official

trustee may

require the

the above proxy.

, being a [here state whether clerk Receiver or or manager in the regular employment of the creditor or a commissioner to administer oaths in the Supreme Court], here- by certify that all insertions in the above proxy are in my own handwriting, and have been made by me at the request of the above-named

and in his presence, before he attached his signature [or mark hereto.

authority to sign to be produced for

his inspection.

Dated this

day of

(Signature)

The proxy must be lodged with the Official Receiver or trustee not later than twenty-four hours before the time appointed for the meeting at which it is to be used.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932. 869

No. 51.

SPECIAL PROXY.

R. 119.

(Title.)

I, (a)

of as(c)

creditor, hereby appoint(b)

held on the

proxy at the meeting of creditors to be write "we"

day of

19 2

(a) If a firm,

or at any ad- instead of

"I", and set

journment thereof, to vote(d)

out the full

Dated this

day of

of "

(Signed) (e)

(Signature of witness)

(Address)

Notes.

name of the firm.

(b) Here insert either "Mr. or "the Official Receiver".

(d) Here insert the word "for" or the word "against" as the case may require, and specify the

at particular

resolution or name of proposed

1. A creditor may give a special proxy to any person to vote any specified meeting or adjournment thereof on all or any the following matters:

(a) For or against any specific proposal for a composition or trustee, re-

scheme of arrangement:

muneration, or other

(b) For or against the appointment of any specified person matter.

as trustee or as member of the committee of inspec- (e) If a firm, tion, or for or against the continuance in office of any specified person, as trustee or member of a committee of inspection:

sign the firm's trad- ing title, and add "by A.B., partner in

above referred to, arising at any specified meeting or the said adjournment thereof.

2. The authorised agent of a corporation may and sign for the corporation, thus:

fill up blanks

Company, Limited.

"For the

J.S. (duly authorised under the seal of the company).

3. A proxy given by a creditor may be filled up and signed by any person in the employ of the creditor having a general authority in writing to sign for such creditor. Such person shall sign,

firm". As to signature by agent see footnotes

2 and 3.

J.S. [duly authorised by a general authority in writing to sign on behalf of (name of creditor)] (f). (f) The

Official Receiver or trustee may

Certificate to be signed by person other than creditor filling up require the

the above proxy.

　　　　　　　being a [here state whether clerk or manager in the regular employment of the creditor or a com- missioner to administer oaths in the Supreme Court], hereby certify that all insertions in the above proxy are in my own hand- writing, and have been made by me at the request of the above- named

and in his presence before he attached his signature [or mark] thereto.

authority to sign to be produced for his inspec-

tion.

Dated this

day of

(Signature)

The proxy must be lodged with the Official Receiver or trustee not later than twenty-four hours before the time appointed for the meeting at which it is to be used.

870

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

No. 52.

Ord., s. 19.

APPLICATION BY THE OFFICIAL RECEIVER For an Order APPOINTING

A SITTING FOR THE PUBLIC EXAMINATION OF THE DEBTOR.

(Title.)

A receiving order having been made in the above matter, ap- plication is hereby made to the court by the Official Receiver for an order appointing the at

day of

　　　or such other time and place as the court shall direct for holding the public examination of the debtor, and that the debtor do attend such public examination.

Dated this

day of

Official Receiver.

No. 53.

Ord., s. 19.

ORDER APPOINTING A TIME FOR THE PUBLIC EXAMINATION

OF THE DEBtor.

(Title.)

Upon the application of the Official Receiver in the above matter, it is ordered that the public examination of the above- named debtor be held at the Supreme Court, on the

day of

o'clock in the

noon.

And it is ordered that the above-named debtor do attend at the place and time above mentioned.

Dated this

day of

Registrar.

NOTE.-Notice is hereby given that if you, the above-named debtor, fail, without reasonable excuse, to attend at the time and place aforesaid you will be liable to be committed to prison without further notice.

No. 54.

R. 86.

NOTICE OF DAY FOR PROCEEDING WITH PUBLIC EXAMINATION (FOR LOCAL PAPER OR GAZETTE).

(Title.)

Notice is hereby given that the court has appointed day, the

in the

day of

19 at

o'clock

day of

noon, for proceeding with the public examination of the above-named debtor, which, on the

was adjourned sine die.

Dated this

day of

Official Receiver..

5.4

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932. 871

No. 55.

R. 23

APPOINTMENT OF SHORTHAND WRITER TO TAKE EXAMINATION

OF DEBTOR.

(Title.)

Upon the application of the Official Receiver

court hereby pursuant to Bankruptcy Rule 23, appoints

to take the examination of the said

at his public examination this day.

the

Dated this

day of

No. 56.

DECLARATION BY SHORTHAND WRITER.

(Title.)

Registrar.

R. 23.

the

shorthand writer appointed by the court to take down the ex- amination of the said

do solemnly and sincerely declare that I will truly and faithfully take down the questions and answers put and given by the said

in this matter,

and will deliver true and faithful transcripts thereof as the court may direct.

Dated this

day of

[Declared before me at the time and place

above-mentioned.]

No. 57.

A Commissioner.

NOTES OF PUBLIC EXAMINATION OF DEBTOR WHERE A SHORTHAND WRITER IS APPOINTED.

(Title.)

Public examination of the debtor held this

R. 23.

day of

The above-named debtor, being sworn and examined at the time and place above-mentioned, upon the several questions following being put to him, gave the several answers thereto respectively following each question, that is to say:

This is a transcript of the notes of the public examination.

, held this

day of

Shorthand writer duly appointed under Rule 23,

Shorthand writer attached to the Official Receiver's Office.

872

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

No. 58.

R. 23.

(a) Insert here word

NOTES OF PUBLIC EXAMINATION OF DEBTOR WHERE

SHORTHAND WRITER IS NOT APPOINTED.

Public examination of the debtor held this

day of

The above-named debtor being sworn and examined at the time and place above-mentioned, upon his oath saith as follows: ;---

These are the notes of the examination of this

day of,

held

Clerk to the Chief Justice.

No. 59.

ORDER OF ADJOURNMENT OF PUBLIC EXAMINATION.

(Title.)

This being the day appointed for the (a) amination of the above-named

public ex-

and the said

necessary.

"further" if having submitted himself for such examination; now upon hear

ing the Official Receiver. and upon hearing appearing that

and it

It is ordered that the said public examination be adjourned to

the day of

noon.

in the And it is further ordered that the said

do attend at the court on the said

dav

　　　　　　　　　　　19 for the purpose of being further examined [Set out any as to his conduct, dealings, and property. And it is further. further order ordered that the said

of the court.]

Dated the

day of

No. 60.

Registrar.

R. 87.

ORDER DISPENSING WITH PUBLIC EXAMINATION OF DEBTOR.

(Title.)

(a) Insert name and

address of

applicant, and the

capacity

in which he makes the

application.

(b) State what the disability is.

Upon the application of the Official Receiver [or, of (a)

in the above matter, and upon reading and upon hearing appearing to the court that the debtor is (b) ordered that the public examination of the debtor be dispensed with.

Dated this

day of

and it it is

Registrar.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

873

No. 61.

R. 87.

ORDER AS TO EXAMINATION OF DEBTOR WHO IS SUFFERING FROM MENTAL OR PHYSICAL AFFLICTION OR DISABILITY.

(Title.)

Upon the application of the Official Receiver [or, of (a)

in the above matter, and upon reading , and upon hearing

(a) Insert name and address of

and it applicant,

which he

appearing to the court that the debtor is suffering from physical and the disability which makes him unfit to attend a public examination capacity in in court [or, as the case may be] it is ordered that instead of makes the a public examination of the debtor (b) the debtor be examined application. on oath at (c)

before the Registrar (1) The part the

19 at of the order o'clock or such other time as having regard to the con- to be dition of the debtor may be convenient, and that the Official adapted Receiver and trustee and (d)

be at liberty to attend such examination and take part therein.

day of

to the

circum- stances of the case.

Dated this

day of

Registrar.

No. 62.

Ord., s. 19 (8).

MEMORANDUM OF PUBLIC EXAMINATION OF DEBTOR.

(Title.)

Memorandum.-That I,

the above-named debtor, being sworn and examined upon my oath say that the notes of my public examination marked "A", and appended hereto, were read over by or to me and are cor- rect.

And I further say, that at the time of this my examination, I have delivered up to the Official Receiver or the Trustee of my estate, all property, estate, and effects, and all books, papers, and writings relating thereto.

And I further say that I have made a full disclosure of all my assets and of all my debts and liabilities of whatever kind, and that I have not removed, concealed, embezzled, or destroyed any part of my estate, real or personal, nor any books of ac- counts papers, or writings relating thereto, with an intent to defraud my creditors, or to conceal the state of my affairs.

[Here insert any special matter.]

Dated this

day of

Debtor

No. 63.

ORDER OF COURT THAT EXAMINATION IS CONCLUDED

(Title.)

Whereas the above-named A.B. has duly attended before the court, and has been publicly examined as to his conduct, deal- ings, and property;

874

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

(a) To be

signed by

the debtor; in case of

joint debtors to be signed in the firm name by such of the debtors as the Official Receiver shall require.

And whereas the court is of opinion that the affairs of the said A.B. have been sufficiently investigated, it is hereby ordered that the examination of the said A.B. is concluded.

Dated this

day of

No. 64.

PROPOSAL FOR A COMPOSITION.

(Title.)

Registrar.

Ord., s. 20.

the above-named debtor,

nereby submit the following proposal for a composition in satis- faction of my debts:

1. That payment in priority to all other of my debts of all debts directed to be so paid in the distribution of the property of a bankrupt shall be provided for as follows:

[Set out terms of proposal so far as relate to preferential claims.]

2. That provision for payment of all the proper costs, charges, and expenses of and incidental to the proceedings, and all fees and percentages payable to the Official Receiver and the Court shall be made in the following manner;

[Set out proposal for provisions for fees, charges, costs, &c.]

3. That the following composition shall be paid as herein-after entioned on all provable debts :-

[Set out terms of composition.]

4. That the payment of the composition be secured in the following manner:-

[Set out full names and addresses of suretics (if any) and complete particulars of all securities intended to be given.]

Dated this

day of

(Signed) (a)

No. 65.

Ord., s. 20.

PROPOSAL FOR A SCHEME.

(Title.)

the above-named debtor,

hereby submit the following proposal for a scheme of arrange- ment of my affairs in satisfaction of my debts.

1. That-

[Set out terms of scheme.]

2. That payment in priority to all other of my debts of all debts directed to be so paid in the distribution of the property of a bankrupt is provided for as follows:-

[Set out or indicate by reference to the scheme how it is pro- posed to satisfy preferential claims.]

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932. 875

3. That provision for payment of all the proper costs, charges, and expenses of and incidental to the proceedings, and all fees and percentages payable to the Official Receiver and the court is provided for as follows:-

[Set out or indicate by reference to the scheme how it is pro- posed to provide for fees, costs, charges, &c.]

[Set out any other terms.]

Dated this

day of

(Signed (a)

No. 66.

Ord., s. 20.

(a) To be signed by the debtor, or in the

case of joint debtors, to be signed in the firm

name by such of the

REPORT OF OFFICIAL RECEIVER TO CREDITORS ON PROPOSAL For debtors as

COMPOSITION OR SCHEME.

(Title.)

The Official Receiver hereby reports:-

That the debtor has lodged with him a proposal for a com- position [or scheme] to be submitted to the creditors, of which the following is a copy:-

[Here set out fully the terms of proposal.]

That the liabilities as shown by the debtor's statement of affairs, amount to the sum of

and the assets are esti- mated by the debtor at the sum of

　　　　　　　　　　　　　　after payment of preferential debts.

That the value of the assets is [fairly estimated by the debtor] [or, as the case may be].

That the terms of the debtor's proposal [set out particulars of proposal and observations on the proposal and the debtor's con- duct.]

the Official Receiver shall require.

Dated this

day of

Official Receiver.

No. 67.

APPLICATION TO EXTEND TIME FOR APPROVING A COMPOSITION OR SCHEME AND ORDER THEREON.

(Title.)

Ex parte the Official Receiver.

The Official Receiver reports to the court--

That a (a)

was on the

day of

(a) "com. position" or "scheme of

. duly lodged by the debtor in the above matter.

arrange-

That the public examination of the debtor was concluded on ment".

the

day of

876

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

(b) "the

That (b)

"prescribed time to allow of the approval of the said (a)

"notices

"cannot be

"given"; or "the moneys "or securi- "ties requir

within fourteen days after the conclusion of the examination of the debtor as required by section 22 of the Ordinance.

Under these circumstances, application is made for an exten- sion of time to the

day of

"ed for the

"said (a)

"have not

"been

"lodged"; or as the

case may be.

, for obtaining such approval.

Dated this

day of

Order.

Official Receiver.

Upon reading the above report of the Official Receiver, and hearing

it is ordered that

the time for obtaining the approval of the said (a) in the above matter be extended to the

day of

Dated this

day of

19 .

Registrar.

No. 68.

NOTICE TO CREDITORS OF APPLICATION TO COURT TO APPROVE COMPOSITION OR SCHEME OF ARRANGEMENT.

(Title.)

Take notice that application will be made to the court, on

the

day of

19 at

o'clock in the noon to approve the composition [or scheme of arrangement] as proposed by the said debtor and duly accepted by the statutory majority of the creditors at a meeting held on

the

Dated this

day of

19 .

Official Receiver.

No. 69

NOTICE TO OFFICIAL RECEIVER OF APPLICATION TO COURT BY DEBTOR TO APPROVE COMPOSITION OR SCHEME.

(Title.)

Take notice that application will be made to the court on the

day of

19 at

•

o'clock in the

noon, to approve the composition [or scheme], accepted on the

day of

19 by the statutory majority

of creditors.

Dated this

day of

Debtor.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

No. 70.

Ord., s. 20.

ORDER ON APPLICATION TO APPROVE COMPOSITION OR SCHEME.

877

(Title.)

On the application of

report of the Official Receiver filed on the

and on reading the

day of

, and hearing the Official Receiver and and the court being satisfied that the creditors in the above matter have duly accepted a composition [or scheme] in the following terms, namely [here insert terms if short; if not, insert "in the terms contained in the paper writing marked A, annexed hereto"]* and being satisfied that the said terms are reasonable and calculated to benefit the general body of credi- torst and that the case is not one in which the court would be required, if the debtor were adjudged bankrupt, to refuse an order of discharge.

[and as the case may be.]

And being satisfied-

(a) That no facts have been proved which would justify the court in refusing, qualifying, or suspending an order of dis- charge,

(b) That facts have been proved which would justify the court in refusing, qualifying, or suspending an order of discharge, but that having regard to the nature of such facts, and the com- Isition [or scheme] providing reasonable security for payment of not less than twenty-five per cent on all the unsecured debts provable against the debtor's estate, the said composition [or scheme] is hereby approved, and it is ordered-

(a) That the receiving order made against the said on the

day of

is hereby discharged,

19 be and the same

}

от

(b) That the order of adjudication made against the said

on the

the same is hereby annulled.

day of

or after*

19, be and

and being satisfied that the said terms are not reasonable or calculated to benefit the general body of creditors

and (or aftert and being satisfied)

(a) That the case is one in which the court would be required, if the debtor were adjudged bankrupt, to refuse his discharge.

(b) That facts have been proved which would, under the Ordinance, justify the court in refusing, qualifying, or suspend- ing the debtor's discharge.

878

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

The court doth refuse to approve the said composition [or scheme).

Dated this

day of

Registrar.

No. 71.

Ord. s. 20 (15).

APPLICATION FOR ENFORCEMENT OF PROVISION IN A COMPOSITION

OR SCHEME.

(Title.)

In a matter of a composition [or scheme of arrangement]

made by A.B., of

I, L.M., of

do apply to this court for an order for the enforcement of the provisions of the said composition [or scheme of arrangement] against grounds set forth in the annexed affidavit.

on the

Dated this

day of

L.M.

No. 72.

Ord. s. 20 (15).

AFFIDAVIT IN SUPPORT OF APPLICATION FOR ENFORCEMENT OF PROVISIONS OF A COMPOSITION OR SCHEME.

(Title.)

In the matter of a composition [or scheme of arrangement]

made by A.B., of

I, L.M., of

make oath and say:·

1. That I am interested in the said composition [or scheme of arrangement], having proved my debt as a creditor of the said A.B. [or as the case may be].

2. That [one of] of the provisions of the said composition [or scheme of arrangement] is [or are] that [here set it or them out].

3. That

has failed to comply with the said pro- vision [or as the case may be].

Sworn at, &c.

No. 78.

L.M.

Ord. s. 20 (15).

ORDER FOR ENFORCEMENT OF PROVISION IN A COMPOSITION

OR SCHEME.

(Title.)

In the matter of a composition [or scheme of arrangement]

made by A.B., of

Upon the application of L.M., of

[here insert evidence], and upon hearing

and reading

the court

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

being of opinion that the provisions of the said composition [or scheme of arrangement] mentioned in the said affidavit should be enforced, it is ordered that [here insert order].

879

Dated this

day of

Registrar.

Take notice that unless you obey the directions contained in this order, you will be deemed to have committed a contempt of court.

No. 74.

CERTIFICATE OF APPROVAL OF COMPOSITION OR SCHEME.

(Title.)

I hereby certify that a composition [or scheme of arrange- ment] between A.B., of

　　　　　　　　　　　　　　　　　　　the above-named debtor, and his creditors was duly approved by the court on the

day of

Dated this

day of

Official Receiver.

No. 75.

APPLICATION FOR ADJUDICATION UNDER SECTION 18.

(Title.)

The Official Receiver hereby reports to the court:

That a receiving order was made against the above-named debtor on the

day of

That the act of bankruptcy on which the petition was founded was the allegation that the debtor had within three months before the date of the presentation of the petition.

That from inquiries made since the receiving order, the state- ment that the said debtor had

　　　　　　　　　　　　　　appears to have been well founded, and the present place of residence of the debtor has not been ascertained.

That the debtor has failed to attend at the office of the Official Receiver to be examined in respect of his property and creditors, and to give necessary information relative to his estate, affairs, conduct, and dealings, and to receive instructions as to the pre- paration of a statement of and in relation to his affairs in ac- cordance with the notice (a copy of which is hereto annexed) sent by post addressed to

as aforesaid.

That the debtor has not submitted a statement of and in relation to his affairs in pursuance of section 18 of the Ordinance.

The Official Receiver accordingly, in pursuance of the pro- visions of section 18 of the Ordinance, makes application to the court to adjudge the said debtor

bankrupt.

Dated this

day of

Official Receiver.

རྗ;

880

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

No. 76.

APPLICATION FOR ADJUDICATION AFTER RESOLUTION FOR

BANKRUPTCY OR BY CONSENT.

(Title.)

The Official Receiver reports to the court :-

That at the first meeting of the creditors of the said debtor

"That

held at

•

on the the following resolution was passed:-

day of

the above-named debtor, shall be

adjudged bankrupt, and that the Official Receiver do apply to the court to make the adjudication";

[and for. or) that the debtor has, in writing, consented to be ad- judged bankrupt.]

The Official Receiver accordingly, in pursuance of the pro- visions of section 22 of the Ordinance, makes application to the court to adjudge the said debtor,

bankrupt.

Dated this

day of

Official Receiver.

(~) Notice of

this applica- tion was on

the

No. 77.

APPLICATION FOR ADJUDICATION WHERE NO QUORUM AT ADJOURNED

MEETING.

(Title.)

The Official Receiver reports to the court:

That a receiving order was made against the above-named debtor on the

day of

That the first meeting of creditors was duly summoned to be held at

on the

day of

That creditors qualified to vote not being present or represent- ed thereat to form a quorum, the said meeting was adjourned to the

19 .

day

That at such adjourned meeting creditors qualified to vote not being present or represented to form a quorum no resolution was passed.

That(a)

The Official Receiver accordingly, in pursuance of section 22 day of the Ordinance, makes application to the court to adjudge sent by post the said debtor,

19 "

addressed to

the debtor, or, the

debtor has

consented, in

writing, to the court

Dated this

day of

bankrupt.

Official Receiver.

adjudging him

bankrupt.

No. 78.

ORDER OF ADJUDICATION.

(Title.)

Pursuant to a petition, dated

against [here

insert name, description and address of debtor] on which a receiving order was made, on the [date], and on the application

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932. 831

of the Official Receiver, and on reading

and hearing

it is ordered that the debtor be and the said debtor

is hereby adjudged bankrupt.

Dated this

day of

Or,

Registrar.

Whereas pursuant to a petition dated

against A.B., a receiving order was made on the [date] And whereas it appears to the court that at the first meeting of creditors held on the [date], (or ut an adjournment of the first meeting of creditors) at

　　　　　　　　　　　　　　　　　　　　it was duly resolved that the debtor be adjudged bankrupt. It is ordered. that the debtor be and the said debtor is hereby adjudged bank- rupt

Dated this

day of

19 .

Registrar.

No. 79.

R. 80.

APPLICATION TO ANNUL ADJUDICATION OR RESCIND RECEIVING

ORDER.

(Title.)

I, R.S., of

being interested in this matter (or, I,

Official Receiver) do hereby make application to the court that the order of adjudication (or receiving order) against A.B. be annulled (or rescinded) [here state grounds of applica- tion].

Dated this

day of

Signature.

No. 80.

ORDER ANNULLING ADJUDICATION OR RESCINDING RECEIVING

ORDER.

(Title.)

On the application of R.S., of

cation of the Official Receiver), and on reading hearing

(or on the appli-

and

•

　　　　it is ordered that the order of adjudication (or receiving order) dated

against A.B., of and the same is hereby annulled (or rescinded.)

Dated this

day of

Registrar.

882

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

No. 81.

APPLICATION FOR ORDER OF DISCHARGE.

(Title.)

R. 88.

1, A.B., of

day of

, having been adjudged bankrupt on the 19, and being desirous of ob-

taining my discharge, hereby apply to the court to fix a day for hearing my application.

My public examination was concluded on the

day

Annexed hereto is the certificate of the Official Receiver certi- fying the number of my creditors.

Dated this

To the Registrar.

day of

Debtor.

No. 82.

R. 88.

NOTICE OF DAY FOR HEARING OF APPLICATION For Discharge.

(For Local Paper or Gazette).

(Title.)

Notice is hereby given that the court has appointed day, the

day of

o'clock in the above-named debtor.

noon, for hearing the application of the

Dated this

day of

Official Receiver.

No. 83.

R. 88.

NOTICE TO OFFICIAL RECEIVER AND TRUSTEE OF APPLICATION

FOR DISCHARGE.

(Title.)

The bankrupt having

the court has fixed the

o'clock in the

applied to the court for his discharge,

day of

noon at

at for hearing

the application.

Dated this

day of

To the Official Receiver,

and

trustee of the estate of the bankrupt.

No. 84.

Registrar.

NOTICE TO CREDITORS OF APPLICATION FOR DISCHARGE.

(Tille.)

R. 88.

Take notice that the above-named bankrupt has applied to the court for his discharge, and that the court has fixed the

day of

hearing the application.

19 at

o'clock for

Dated this

day of

Official Receiver.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

883

No. 85.

ORDER GRANTING DISCHARGE UNCONDITIONALLY,

(Title.)

R. 94.

On the application of A.B., of &c., adjudged bankrupt on the

day of

19 and upon taking into con- sideration the report of the Official Receiver as to the bankrupt's conduct and affairs, including the bankrupt's conduct during the proceedings under his bankruptcy, and upon hearing the Official Receiver, and C.D., E.F., &c., creditors, and G.H., the trustee [as the case may be].

And whereas it has not been proved that the bankrupt has committed any of the misdemeanours or felonies mentioned in section 30 of the Ordinance, and proof has not been made of any of the facts mentioned in section 30 (4) or section 31 of the Ordinance, or that the bankrupt has been guilty of any misconduct in relation to his property and affairs. It is ordered that he be and he hereby is discharged.

Dated this

day of

No. 86.

ORDER REFUSING DISCHARGE.

(Title.)

Registrar.

R. 94.

On the application of

[Commencement as in Form 85.]

And whereas it has been proved that the bankrupt has com- mitted the following misdemeanours [or felonies], namely,

[Here state particulars.]

And whereas it has not been proved that the bankrupt has committed any of the misdemeanours or felonies mentioned in section 30 of the Ordinance, but proof has been made of the following facts under sub-section (4) of that section, (and section 31 of the Ordinance), namely,

and

[Here state particulars.]

that he has been guilty of misconduct in relation to his property and affairs, namely,

[Here state particulars.]

It is ordered that the bankrupt's discharge be and it is hereby refused.

Dated this

day of

Registrar.

884

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

No. 87.

ORDER SUSPENDING DISCHARGE.

(Title.)

R. 94.

On the application of

[Commencement as in Form 85.1

And whereas it has not been proved that the bankrupt has committed any of the misdemeanours or felonies mentioned in section 30 of the Ordinance, [or it has been proved that the bankrupt has committed the following misdemeanours (and felonies), namely, [set them out, but the court has for the following special reasons [state them] determined that his discharge shall not on that ground be absolutely refused]; but proof has been made of the following facts under section 30 (4) (and section 31 of the Ordinance).

ΟΥ

[Here slate particulars.]

and that he has been guilty of misconduct in relation to his property and affairs, namely,

[Here state particulars.]

It is ordered that the bankrupt's discharge be suspended until a dividend of not less than 50% has been paid to the creditors, with liberty to the bankrupt at any time after the expiration of two years from the date of this order to apply for a modifica- tion thereof, pursuant to section 30 of the Ordinance.

It is ordered that the bankrupt's discharge be suspended for years, and that he be discharged as from the day

•

Dated this

day of

Registrar.

No. 88.

R. 94.

ORDER OF DISCHARGE WHERE ONLY FACT PROVED THAT ASSETS NOT EQUAL TO 50%.

On the application of

(Title.)

[Commencement as in Form 85.1

And whereas it has not been proved that the bankrupt has committed any of the misdemeanours or felonies mentioned in section 30 of the Ordinance, and whereas the only fact under sub-section (4) of that section and section 31 of which proof has been made is the fact that the bankrupt's assets are not of a value equal to 50% on the amount of his unsecured liabilities.

It is ordered that the bankrupt's discharge be suspended for

and that he be discharged as from the day of

19 .

Dated this

day of

Registrar.

THE HONG KONG GOVERNMENT GAZEITE, NOVEMBER 18, 1932. 885

No. 89.

R. 94.

ORDER OF DISCHARGE SUBJECT TO CONDITIONS AS TO EARNINGS, AFTER-ACQUIRED PROPERTY, AND INCOME.

(Title.)

On the application of

[Commencement as in Form 85.]

And whereas it has not been proved(a)

(a) Here state

of the

It is ordered that the bankrupt be discharged subject to the particulars following conditions as to his future earnings, after-acquired finding of property, and income:-

After setting aside out of the bankrupt's earnings, after- acquired property, and income the yearly sum of $ for the support of himself and his family, the bankrupt shall pay the surplus, if any [or such portion of such surplus as the Court may determine, of such earnings, after-acquired property, and in- come to the Official Receiver [or trustee] for distribution among the creditors in the bankruptcy. An account shall, on the 1st day of January in every year, or within fourteen days thereafter, be filed in these proceedings by the bankrupt, setting forth a statement of his receipts from earnings, after-acquired property, and income during the year immediately preceding the said date, and the surplus payable under this Order shall be paid by the bankrupt to the Official Receiver [or trustee] within fourteen days of the filing of the said account.

the court.

Dated this

day of

Registrar.

No. 90.

R. 93.

ORDER OF DISCHARGE SUBJECT TO A CONDITION REQUIRING THE BANKRUPT TO CONSENT TO JUDGMENT BEING ENTERED

On the application of

UP AGAINST HIM.

(Title.)

[Commencement as in Form 85.]

It is ordered that the bankrupt be discharged subject to the following condition to be fulfilled before his discharge takes effect, namely, he shall before the signing of this order, consent to judgment being entered against him in the Original Jurisdic- tion of this court by the Official Receiver [or trustee] for the sum of $ , being the balance [or part of the balance] of the debts provable in the bankruptcy which is not satisfied at the date of this order, and for $25 for costs of judgment.

And it is further ordered, without prejudice and subject to any execution which may be issued on the said judgment with the leave of the court, that the said sum of $

be paid out of the future earnings or after-acquired property of the bankrupt in manner following, that is to say, after setting aside out of the bankrupt's earnings, and after-acquired property a yearly sum of $ for the support of himself and his family, the bankrupt shall pay the surplus, if any [or such portion of such surplus as the court may determine], to the Official Receiver [or trustee] for distribution among the creditors in the bankruptcy. An account shall on the 1st day of January in each year, or within fourteen days thereafter, be filed in these pro- ceedings by the bankrupt, setting forth a statement of his re-

886

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

ceipts from earnings, after-acquired property, and income during the year immediately preceding the said date, and the surplus payable under this order shall be paid by the bankrupt to the Official Receiver [or trustee] within fourteen days of the filing of the said account.

And it is further ordered that upon the required consent being given judgment may be entered against the bankrupt in Original Jurisdiction for the said sum of $

　　　　　　　　　　　　　　　together with $25 for costs of judgment.

Dated this

day of

Registrar.

No. 91.

R. 93.

CONSENT OF BANKRUPT TO JUDGMENT BEING ENTERED FOR BALANCE OR PART OF BALANCE OF PROVABLE DEBTS.

(Title.)

I, A.B., of

the above-named bankrupt, do hereby consent to judgment being entered against me in the Original Jurisdiction of the court by the Official Receiver [or trustee for the sum of $

being the balance or part of the balance of the debts provable under my bankruptcy which is not satisfied at the date of my discharge; but this consent is subject to the provision contained in the Ordinance with regard to the issue of execution on such judgment.

Dated this

day of

No. 92.

Debtor.

R. 93.

JUDGMENT TO BE ENTERED PURSUANT TO THE CONSENT.

In the Supreme Court of Hong Kong,

Between

Original Jurisdiction.

No.

of 19

and

Plaintiff,

A.B., Defendant.

And in the matter of the bankruptcy of the said A.B.,

The

day of

19,

Pursuant to the order of the Court in Bankruptcy dated the whereby it was ordered that

day of

[recite substance of order.]

And the consent mentioned in the said order having been given and filed in the matter of the said bankruptcy.

It is this day adjudged that the said plaintiff recover against the said defendant

together with $25 for costs of

judgment.

Dated this

day of

Registrar.

"..

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932. 887

No. 93.

R. 98.

AFFIDAVIT BY DEBTOR, WHOSE DISCHARGE HAS BEEN GRANTED CONDITIONALLY AS TO AFTER-ACQUIRED PROPERTY OR INCOME.

follows:

(Title.)

the above-named debtor, make oath and say as

1. I have since the date of my discharge resided and carried on business at

and I now reside and carry on business at

2. The statement hereto annexed is a full, true, and complete account of all moneys earned by me and of all property and income acquired or received by me since the date of my dis- charge for, since the date when last I filed a statement of after- acquired property and income in court, namely, the day of

19 ].

Sworn at, &c.

Debtor.

No. 94.

R. 29

APPLICATION BY TRUSTEE FOR COMMITTAL OF BANKRUPT OR

OTHER PERSON.

(Title.)

I, the trustee of the property of the said bankrupt [or as the case may be, do apply to the court for an order of committal for contempt of the court against the said bankrupt [or L.M., ], on the ground set forth in the annexed affidavit.

Dated this

day of

Trustee.

い

No. 95

R. 29.

AFFIDAVIT OF PERSON INTERESTED IN A COMPOSITION FOR

COMMITTAL.

(Title.)

In the matter of a composition made by A.B., of

I, L.M., of

1. That

court made on the

make oath and say:--

was by an order of the

day of

•

19 ordered

to [here set out the order].

2. That a copy of the said order was duly served on the said

3. That the said

has failed to obey such order.

Sworn at, &c.

L.M.

888

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

No. 96.

R. 29.

Where debtor does not submit

to examina- tion.

Where

debtor fails to attend a meeting other than the first.

Where

debtor fails to execute a deed.

Where debtor fails to attend a meeting other than the first or to execute a deed.

Where

debtor fails to obey special orders of Court.

Where

debtor has failed to deliver up property.

AFFIDAVIT IN SUPPORT OF APPLICATION FOR COMMITTAL OF DEBTOR FOR CONTEMPT UNDER SECTIONS 26 OR 55.

(Title.)

　the Official Receiver of the estate of the said debtor [the trustee of the property of the said bankrupt] make oath, and say:-

1. That the said debtor did attend at the first meeting of his creditors held on the

day of

19 at and wilfully refused to submit to be examined at such meeting in respect of his property [or his creditors], the submitting to examination being a duty imposed upon him by the Ordinance.

[1. That the said [debtor] bankrupt did wilfully fail to attend a meeting of his creditors held on the

day of

day

[or to wait on me at my office on the

　19], the attending such meeting [or waiting on me] being a duty imposed upon him by the Ordinance.

[or 1. That the said [debtor] bankrupt has wilfully failed to execute [here describe the deed, &c.; that he has failed to execute], the execution of such deed when required by ne being a duty imposed upon him by section 26 (or, 55) of the Ordinance.

2. [That the said [debtor] bankrupt was on the

day

19 duly served with a notice, a copy of which is hereunto annexed, by leaving the same at his usual place of residence, requiring him to attend the said meeting], [or to execute the above-mentioned deed, &c.]

[or 1. That the said [debtor] bankrupt has wilfully failed to perform the duty imposed upon him by section 26 of the Ordin- ance, [here insert any act he has been required to do by any special order of the court, stating the day on which the order was made].

2. That the said [debtor] bankrupt was duly served with a copy of such order by leaving the same at his usual place of residence on the

19 .]

day of

[or 1. That the said [debtor] bankrupt has failed to deliver up possession of [here state the property he has failed to deliver up, which property is divisible amongst his creditors under the Ordinance, and which said property was [or is] in his pos- session or control, he having been required by me to deliver up the said property by notice, a copy of which is hereunto an- nexed, and which notice was served upon him on the day of

19, at

Sworn at, &c.

No. 97.

Official Receiver

or Trustee.

R. 29

AFFIDAVIT OF TRUSTEE Under Section 53 (5).

(Title.)

I, G.H., the trustee of the property of the said A.B., a bank- rupt, make oath and say:

1. That I believe that L.M., of

hath in his pos-

session or power as [here set out the capacity in which the per son stands to the bankrupt] certain moneys [and securities] be- longing to the bankrupt, that is to say [here set out and describe the particular moneys and securities].

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

day of

2. That on the

　　　　　　　　　　　　　　　　　　　　　　　　　I did apply personally to the said L.M. to pay and deliver to me the said moneys and securities, and that he did not then, nor has he since paid or delivered to me the same [or, That I, on the

day of

posted a letter to the said calling upon him to, &c.,

}

day of

L.M., addressed to him at and that on the

19 I posted another letter, by which I again called upon him, &c., and that he has failed to pay and deliver the same].

3. That I firmly believe that the said L.M. is not entitled by law to retain such moneys [and securities] as against the bank- rupt or against me as the trustee of the property of the bankrupt.

889

Sworn at, &c.

No. 98.

Trustee.

R. 30

NOTICE OF APPLICATION FOR COMMITTAL UNDER SECTION 20 OR 110.

(Title.)

Take notice that C.D., of

day of

19 at

will on the o'clock in the

day of

noon,

apply to the court for an order for your committal to prison for contempt of this court, you having disobeyed the order of the court made on the

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　19 [here set out order]. And further take notice that you are re- quired to attend the court on such day at the hour before stated. to show cause why an order for your committal should not be made.

Dated this

day of

No. 99.

Registrar.

R. 30.

NOTICE OF APPLICATION FOR COMMITTAL UNDER SECTION 26.

(Title.)

To the said A.B., bankrupt.

Take notice that the trustee [or Official Receiver] of the pro- perty of the said bankrupt will on the

o'clock in the

day of noon, apply to the court for an order for your committal to prison for contempt of the court, you having failed to perform the duty imposed on you by the twenty-sixth section of the said Ordinance [here set out the duty he has failed to perform]. And further take notice that you are required to attend the court on such day at the hour before stated to show cause why an order for your committal should not be made.

Dated this

day of

No. 100.

Registrar.

R. 30

NOTICE OF APPLICATION FOR COMMITTAL UNDER SECTION 53 (5).

(Title.)

To [here insert name, address, and description of the person to whom the notice is to be sent].

890

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

Take notice that the trustee [or Official Receiver] of the pro- perty of the bankrupt will on the

o'clock in the

day of noon, apply to the court for an order for your committal to prison for contempt of the court, you having failed to pay and deliver to him certain moneys [and securities belonging to the bankrupt in your possession or power as [here state whether as treasurer, banker, &c.], that is to say here set out and describe the particular moneys and

し securities. And further take notice that you are required to attend the court on such day at the hour before stated to show cause why an order for your committal should not be made.

Dated this

day of

Registrar.

No. 101.

ORDER OF COMMITTAL UNDER SECTION 20 OR 110.

(Title.)

Whereas by an order of this court made on the

dav

19 [here recite the order]. Now upon the appli cation of C.D., of

　　　　　　　　and upon hearing A.B. (or, as the case may be), [or if he does not appear] reading the affidavit of [here insert name and description of person by whom the order was served on A.B.], and upon reading the affidavit of [enter evidence], the court being ot opinion that the said A.B. has been guilty of a contempt of this court by his disobedience of the said order, it is ordered that the said A.B. do stand com- mitted to [here insert prison] for his said contempt.

Dated this

day of

Registrar.

No. 102.

ORDER OF COMMITTAL UNDER SECTION 26.

(Title.)

Upon the application of the trustee [or Official Receiver] of the property of the bankrupt [or debtor], and upon hearing the bank- rupt [or if he does not appear], and reading the affidavit of [here insert name and description of person by whom the notice to show cause was served] and upon reading the affidavit of [enter evidence], the court being of opinion that the bankrupt has been guilty of a contempt of this court by having failed to [here follow the notice], it is ordered that the bankrupt do stand com- mitted to [here insert prison] for his said contempt.

Dated this

day of

Registrar.

No. 103

ORDER OF COMMITTAL UNDER SECTION 53 (5).

(Title.)

Upon the application of the trustee of the property of the bank- rupt, and upon hearing L.M. [or if L.M. does not appear], and reading the affidavit of [here insert name and description of person by whom the notice to show cause was served] and upon reading the affidavit of [enter evidence the court being of

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

opinion that L.M. has been guilty of a contempt of this court by having failed to pay and deliver to the said trustee certain moneys [and securities] [here follow the notice], it is ordered that the said L.M. do stand committed to [here insert prison] for the said contempt.

Dated this

day of

Registrar.

'No. 104.

AFFIDAVIT OF NON-COMPLIANCE WITH ORDER OF Court.

1, L.M., of

(Title.)

make oath and say:-

R. 30.

1. That G.H. of

made on the

order].

day of

was by an order of the court ordered to [here set out

2. That [a copy of] the said order was duly served on the said G.H.

3. That the said G.H. has failed to obey the order.

Sworn, &c.

No. 105.

WARRANT OF COMMITTAL FOR CONTEMPT.

(Title.)

R. 26

To the Bailiff of the Supreme Court of Hong Kong and his assistants and to all police officers of this Colony and to the Superintendent of Prisons.

Whereas by an order of this court bearing date the

day

19 it was ordered that the said debtor [or L.M. of should stand committed for contempt of this court.

These are therefore to require you the said bailiff and others, to take the said A.B. [or L.M.] and to deliver him to the Superintendent of Prisons, and you the said Superintendent to receive the said A.B., and him safely to keep in prison in your custody until such time as this court shall order; and you the said Superintendent shall, while the said A.B. is in your custody, at all times when the court shall so direct produce the said A.B. before the court.

Dated this

day of

Registrar.

No. 106.

ORDER FOR DISCHARGE FROM CUSTODY ON CONTEMPT.

(Title.)

day of

for A.B., who

Upon application made this was committed to prison for contempt by order of this court, dated the

day of

　　　　　　　　　　　　19 and upon reading his affidavit showing that he has cleared for is desirous of clearing] his contempt and has paid the costs occasioned thereby, and upon hearing the trustee for Official Receiver] [or C.D. of 1.

891

892

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

it is ordered that the Superintendent of Prisons do discharge the said A.B. out of his custody, as to the said contempt.

Dated this

day of

Registrar.

No. 107.

ORDER FOR PRODUCTION OF PERSON IN PRISON FOR EXAMINATION

BEFORE THE Court.

(Title.)

Upon application made this

day of

[applicant] for an order for the production of A.B., who was committed to prison for contempt by order of this court dated the

for examination before this court,

day of

it is ordered that the Superintendent of Prisons do cause the said A.B. to be brought in custody before the court at on the

　　　　　　　for examination before the court, and afterwards to be taken back to prison to be there safely kept pursuant to the said order.

day of

Dated this

day of

Registrar.

Ord., s. 54.

No. 108.

R. 26.

SEARCH WARRANT.

(Title.)

Whereas by evidence duly taken upon oath it hath been made to appear to the court that there is reason to suspect and believe that property of the said debtor is concealed in the house [or other place, describing it, as the case may be] of one X.M., of

such house [or place] not belonging to the said

debtor.

These are therefore to require you to enter in the daytime into the house [or other place, describing it] of the said X.M. situate at

aforesaid, and there diligently to search for the said property, and if any property of the said debtor shall be there found by you on such search, that you seize the same, to be disposed of and dealt with according to the provisions of the Ordinance.

Dated this

day of

. Registrar.

To the Bailiff of the Supreme Court and his assistants.

No. 109.

Ord., s. 27. R. 26.

WARRANT OF SEIZURE.

(Title.)

day of

Whereas on the

　　　　　　　　　　　　19 a receiving order was made against the said debtor:-These are therefore to require you forthwith to enter into and upon the house and houses, and other the premises of the said debtor, and also in all other place and places belonging to the said debtor where any of his goods and moneys are, or are reputed to be; and there

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932. 893

seize all the ready money, jewels, plate, household stuff, goods. merchandise; books of accounts, and all other things whatso- ever, belonging to the said debtor, except his necessary wearing apparel, bedding and tools, as excepted by the Ordinance.

And that which you shall so seize you shall safely detain and keep in your possession until you shall receive other orders in writing for the disposal thereof from the trustee [or Official Receiver]; and in case of resistance or of not having the key or keys of any door or lock of any premises belonging to the said debtor where any of his goods are or are suspected to be, you shall break open, or cause the same to be broken open for the better execution of this warrant.

Dated this

day of

19 .

Registrar.

To the Bailiff of the Supreme Court and his assistants.

No. 110.

Ord., s. 27.

R. 26, 27.

WARRANT AGAINST DEBTOR ABOUT TO QUIT THE COLONY.

(Title.)

To the Bailiff of the Supreme Court of Hong Kong and his assistants and to all police officers o fthis Colony and to the Superintendent of Prisons.

Whereas, by evidence taken upon oath, it hath been made to appear to the satisfaction of the court that there is probable reason to suspect and believe that the said A.B., of

has absconded and gone abroad [or quitted his place of resid- ence], or is about to go abroad [or quit his place of residence] [with a view of avoiding service of a bankruptcy petition] [or of avoiding appearing in a bankruptcy petition], [or of avoiding examination in respect of his affairs, or otherwise delaying or embarrassing the proceedings in bankruptcy] [or of avoiding pay- ment of a judgment debt in respect of which a bankruptcy notice has been issued].

[Or that there is probable cause to suspect and believe that the said A.B. is about to remove his goods or chattels with a view of preventing or delaying such goods or chattels being taken possession of by the trustee of the property of the bankrupt] [or that the said A.B. has concealed or is about to conceal or destroy his goods or chattels, or some of them, or his books, documents, or writings, or some or one of them, which books, documents, or writings, or some or one of them, may be of use to the creditors in the course of the bankruptcy of the said A.B.]

[Or that it hath been made to appear to the satisfaction of this court that the said A.B has removed certain of his goods and chattels in his possession, above the value of fifty dollars, without the leave of the Official Receiver or trustee, that is to say [here describe the goods or chattels).]

[Or that the said A.B. did without good cause fail to attend at this court made on the

19 , directing

day of

of being examined, according to the requirements of an order of

his court made on the

　　　　　　　　　　　　　　　　19 directing him so to attend.]

;

These are therefore to require you the said bailiff and others, to take the said A.B. and to deliver him to the Superintendent of Prisons and you the said Superintendent to receive the said A.B., and him safely to keep in prison until such time as this court may order.

Dated this

day of

Registrar.

894

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

No. 111.

Ord., s. 28.

ORDER TO POSTMASTER-GENERAL UNDER SECTION 28.

(Title.)

(a) Here insert the full address

or addresses.

(7) "the said

Official

Receiver (or trustee) at

or otherwise

as the court may direct.

Upon the application of

the Official

Receiver [or the trustee] of the property of the above debtor, it is ordered that for a period of three months from the day of

19 all post letters, telegrams and postal packets directed or addressed to the said debtor, at (a) shall be re-directed, sent or delivered by the Postmaster-General, or officers acting under him, to (b)

except any letter on which there is a specific direction signed by the Official Receiver [or trustee] that it is to be delivered as addressed, if possible, and that a sealed duplicate of this order be forthwith transmitted by the Official Receiver [or trustee] to the Postmaster-General, or officers acting under him.

Dated this

day of

No. 112.

SUMMONS UNDER SECTION 29.

Registrar.

Ord., s. 29.

particular

documents

(Title.)

You are hereby required to attend at the Courts of Justice, Hong Kong, on the

o'clock in the

day of

19 noon, to give evidence in

(a) State any the above matter, and then and there to have and produce (a) hereof if you fail, having no lawful impediment to be then made known to the court, and allowed by it, the court may by warrant cause you to be apprehended and brought up for examination.

required, e.y., all

ledgers and

books of account, invoices, statements

of account,

letters, books,

papers, and

Dated this

day of

Registrar.

NOTE. This summons is issued on the application of the Offi-

documents of cial Receiver and trustee, and take notice, that if the sum of

every kind, $

in any man-

ner relating

to your dealings and transactions with A.B. a bankrupt, touching a debt alleged

to be due by you to the said bank- runt's estate amounting to the sum of $

stated to be due by you to this estate, be paid to Official Receiver, at

day of

on or before the this summons will be discharged.

No. 113.

Ord., s. 29.

ADMISSION OF DEBT BY DEBTOR OF BANKRUPT.

(Title.)

In the matter of A.B. of

I, the undersigned J.K. of

a bankrupt.

, do hereby admit that

I am indebted to the said bankrupt in the sum of

dollars upon the balance of accounts between myself and the said bankrupt.

Dated this

J.K.

day of

Witness,

C.D., Registrar,

[or Official Receiver].

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

895

No. 114.

ORDER TO PAY ADMITTED Debt.

(Title.)

Ord., s. 29.

Whereas J.K., of

in his examination taken this

day, and signed and subscribed by him, has admitted that he is indebted to the said debtor in the sum of

dollars,

on the balance of accounts between him and the debtor; it is ordered that the said J.K. do pay to the trustee of the property of the debtor, in full discharge of the sum so admitted, the sum of

　　dollars forthwith [or if otherwise state the time and manner of payment], and do further pay to the said trustee the sum of

dollars for costs.

Dated this

day of

Registrar.

No. 115.

Ord., s. 29. R. 26, 28.

WARRANT TO APPREHEND A PERSON SUMMONED UNDER SECTION 29.

(Title.)

To the Bailiff of the Supreme Court of Hong Kong and his assistants and to all police officers of this Colony and to the Superintendent of Prisons.

Whereas by summons dated the and directed to A.B., of said A.B. for F.M.) was required on the

day of noon at the court to be examined

day of

day of [or F. M., of

], the personally to be and appear o'clock in the

[and produce such document

as hereinafter mentioned] which said summons was afterwards on the

as hath been proved upon and a reasonable sum

oath duly served upon the said was tendered him for his expenses, and whereas the said having no lawful impediment made known to and allowed by the court at the time of its sitting hath refused to appear before the court at the time appointed [and hath refused to produce a document in his custody or power relating to the debtor, his dealings, or property, which the court has required him to pro- duce]. These are, therefore, to require and authorise you and every of you, the said bailiff and your assistants and police officers and constables immediately upon receipt hereof to take the said A.B. [or F.M.], and bring him before this court at such time and place as this court shall direct, in order to his being ex- amined as aforesaid, and in the meantime him safely to keep or deliver to the Superintendent of Prisons and forthwith, after such taking and delivery, to report the same to the court, and obtain its direction or order fixing a day, time, and place for the ex- amination of the said A.B. [or F.M.], and you the said Super- intendent of Prisons to receive the said A.B. [or F.M.], and him safely keep in prison and in your custody to await the direction or order of the court, and to produce him before the court at such time and place as shall be specified in such direction or order, and for so doing this shall be a sufficient warrant to you and every of you.

Dated this

day of

Registrar

No. 116.

Ord., s. 29. R. 28.

ORDER FOR PRODUCTION OF PERSON APPREHENDED UNDER WARRANT UNDER SECTION 29 FOR EXAMINATION BEFORE THE COURT.

(Title.)

Upon report made to the court the

day of

that A.B. has been apprehended under a warrant issued by the

No. 117.

R. 127.

Date.

Date of

Registration.

Remarks.

Assignor.

Assignee.

Nature of

Considera-

Satisfaction

Entered.*

No.

Assignment.

tion.

Name.

Residence. Occupation

Residence.

Name.

Occupation.

896

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

Dated this

court on the

day of

it is ordered that

noon for

the Superintendent of Prisons do cause the said A.B. to be brought in custody before the court sitting on the day of

o'clock in the examination before the court, and in the meantime to be safely kept, and afterwards if the court shall so direct to be taken back to prison and there safely kept pursuant to the said warrant.

*For use only in case of assignment by way of security or other charge.

day of

Registrar.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

897

No. 118.

Ord.,

s. 56. R. 128.

NOTICE OF APPLICATION FOR PAYMENT TO TRUSTEE OF

To A.B.

PORTION OF PAY OR SALARY.

(Title.)

Take notice that I intend to apply to the court on the

day of

19 at

　　　　　　　　　　　　　　　　　　　　　　　　　o'clock in the

noon, for an order under section 56 of the Ordinance, for the payment of a part of your pay [or salary or incomel to me as trustee for the benefit of the creditors under your bankruptcy. On the application you are at liberty to show cause against such order being made.

Dated this

day of

G.H., Trustee.

the

No. 119.

Ord., s. 57. R. 128.

NOTICE OF APPLICATION FOR PAYMENT TO TRUSTEE OF INCOME OF BANKRUPT MARRIED WOMAN,

(Title.)

Take notice that I intend to apply to the court

　　　　　　　　　　on the day of

19 at

　　　　　　　　　　　　　　o'clock in noon for an order pursuant to section 57 of the Ordinance, that the whole, or such part as the court may determine, of the income of the separate property of the said A.B. arising under an indenture of settlement dated the day of and

[or as the case may], notwithstanding the restraint on anticipation to which such income is subject, may be paid to me as trustee for distribution among the creditors.

and made between

Dated this

day of

Trustee.

No. 120.

ORDER UNDER SECTION 56 (1).

(Title.)

Whereas it appears to the court that the bankrupt is [or, here state what the bankrupt is], and as such is in the enjoyment of the monthly pay [or pension allowance or compensation] of dollars; and whereas upon the application of G.H. of

the trustee of the property of the bankrupt, it appears to the court just and reasonable that the monthly sum of

dollars, portion of the said pay [or pension allowance or compensation] ought to be paid to the said trustee during the bankruptcy, in order that the same may be applied in 'payment of the debts of the bankrupt, and that such payment ought to be made out of the first moneys which shall be due after the

day of

　　　　　　　　　19 and be continued until the court shall make order to the contrary; it is ordered, with the consent of His Excellency the Governor, that such portion of the [here insert pay or pension, allowance or compensation] shall be paid to the trustee accordingly.

Dated this

day of

I consent to the above order.

Dated this

Registrar.

day of

Governor.

898

THE HONGKONG GOVERNMENT GAZETTE. NOVEMBER 18, 1932,

No. 121.

ORDER UNDER SECTION 56 (2).

(Title.)

Whereas it appears to the court that the bankrupt is in receipt of or entitled to a salary or income including benus or commission of

and whereas upon the application of the trustee of the property of the bankrupt and upon hearing the bankrupt it appears to the court just and reasonable that the monthly sum of

dollars a portion of the said salary or income ought to be paid by the bankrupt by monthly payments to the trustee during the bankruptcy in order that the sum may be applied in payment of the debts of the said bankrupt and that the first of such pay- ments ought to be made on the

day of

19 and be continued monthly until this court should make order to the contrary; it is ordered that the said sum shall be paid by in manner aforesaid out of the bankrupt's

said salary or income.

Dated this

day of

19 .

No. 122.

ORDER UNDER SECTION 57.

(Title.)

Registrar.

WHEREAS it has been made to appear to the court that the bankrupt under and by virtue of an indenture of settle- ment, dated the

day of and

and

[or as the

made between case may be] is entitled to separate property, the income whereof is subject to a restraint on anticipation, and whereas upon the application of the trustee in the bankruptcy and having regard to the means of subsistence available for the bankrupt and her children it appears to the court just and reason- able that the whole [or the annual sum of $ part] of such income should be paid to the trustee in the bankruptcy during the bankruptcy for distribution among the creditors by equal monthly [or quarterly or half-yearly] payments of $ and that the first of such payments ought to be made on the

day of

　　　　　19 and be continued monthly [or quarterly or half-yearly] until the court shall make order to the contrary. It is ordered that the said income [or part of income] shall be paid by

to the trustee in the bankruptcy in

manner aforesaid.

་

Dated this

day of

Registrar.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932. 899

No. 123.

R. 130.

NOTICE TO LANDLORD OF INTENTION TO DISCLAIM LEASEHOLD

PROPERTY NOT SUBLET Or Mortgaged.

(Title.)

Take notice that I intend to disclaim the (a)

whereby (b)

dated

(n) Lease or tenancy as the case may be.

was let to the above-named bankrupt at a rent of $

(/) Here If you require the matter to be brought before the court, you specify pro- must give notice thereof to me in writing within seven days of perty left. the receipt by you of this notice.

Dated this

day of

The landlord of the above-mentioned

property.

Trustee.

No. 124.

R. 130.

NOTICE OF INTENTION TO DISCLAIM LEASEHOLD PROPERTY SUBLET

OR MORTGAGED.

(Title.)

Take notice that I intend to disclaim the lease dated

whereby (a)

was let to (b)

at a rent of $

(^) Here insert particulars of demised

court, property.

If you require the matter to be brought before the you must give notice thereof to me in writing within fourteen (4) The days of the receipt by you of this notice.

Dated this

day of

Trustee.

above named bankrupt or as the case may be.

The landlord of the above-mentioned

premises and

The sub-tenant, or mortgagee.

No. 125.

R. 130.

DISCLAIMER WITHOUT NOTICE.

(Title.)

,the trustee of the property of the above-

of the (a) Lease which were let to the above-named dated the at a rent of $ per

named bankrupt, hereby disclaim the (a)

premises (b)

bankrupt (c)

Notice of this disclaimer has been given to (d)

Dated this

day of

19 .

Trustee.

or as the case may be. (b) Insert description

of the property. (c) On a tenancy or for a term

of years or

as the case

may be. (d) Insert names and addresses of persons to

whom notice

given.

900 THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

No. 126.

R. 130.

DISCLAIMER OF Leasehold Property after NOTICE TO LANDLORD,

MORTGAGEES, &c.

(Title.)

Pursuant to notice dated the

day of

•

(a) Here insert names

addressed to (a)

•

and

addresses of

persons to

the trustee of the property of the above-named bankrupt, hereby disclaim the lease dated the

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　19 whereby (b)

day of

at a rent of $

for a

Trustee.

to disclaim

whom notice were let to (c)

of intention

term of

Notice of this disclaimer has been given to (d)

has been

given.

(b) Here

sert par- ticuiars of

demised

property. (c) The

above named bankrupt or as the case may be.

(d) Insert

names and

addresses of

persons to

whom notice

of disclaimer has been given.

Dated this

day of

No. 127.

(Address)

DISCLAIMER OF LEASE WITH LEAVE oF Court.

R. 130.

(a) Insert description

of the

property disclaimed.

(Title.)

Pursuant to an order of court dated the

day of the trustee of the property of the above-named bankrupt, hereby disclaim all interest in the lease dated the day of

19, whereby the premises (a) were demised to per annuin, for a term of

at a rent of $

Notice of this disclaimer has been given to

Dated this

day of

No. 128.

Trustee.

NOTICE OF DISCLAIMER WITHOUT LEAVE OF COURT.

(Title.)

R. 130.

(a) The

lease dated

the

Take notice that, by writing under my hand, bearing date the

day of

19 I,

the trustee of the property of the above-named bankrupt, disclaimed (a)

of the premises known as (b) which were let to

day

or as

case may be.

(b) Insert description of property disclaimed.

for a term of years or s

per

at a rent of

The above-mentioned disclaimer has been filed in court with the proceedings in the bankruptcy (and has been registered in the Land Office).

Your attention is directed to the provisions of the Bankruptcy Ordinance, on the back hereof.

the case may

Dated this

be.

(d) Add

where

day of

19.

Trustee.

necessary

"pursuant

"to notice

'dated the.

(Address)

NOTE. On the back of this notice the provisions of section 59

day of (2) and (U) of the Ordinance 1931, should appear.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932. 901

No. 129.

R. 130.

NOTICE OF DISCLAIMER OF LEASE WITH LEAVE Of Court.

(Title.)

Take notice that pursuant to an order of court dated the

day of

19, I

the

trustee of the property of the above-named bankrupt, by writing under my hand bearing date the

disclaimed all interest in the lease dated the day of

were demised to

day of

19 whereby the premises

at a rent of

per annum, for a term of

The above-mentioned disclaimer has been filed in court with the proceedings in bankruptcy (and has been registered in the Land Office).

Dated this

day of

(Address)

Trustee.

No. 130.

R. 130.

FORM OF NOTICE BY LANDLORD OR OTHER PERSON REQUIRING

TRUSTEE TO BRING MATTER OF

INTENDED DISCLAIMER OF

PROPERTY BURDENED WITH ONEROUS COVENANTS BEFORE THE

COURT.

(Title.)

SIR,

Trustee of the property of the above-named bankrupt.

I HEREBY give you notice that the bankrupt was, at the date of the receiving order, interested as lessee [or, as the cusc may be] in the property described in the schedule to this notice, and that as such lessee [or, as the case may be the bankrupt was liable in respect of [set out nature of the bankrupt`s liability] which liability has devolved on you as trustee in bank- ruptcy of his property, and I hereby require you to bring the matter of your intended disclaimer of the bankrupt's interest in the said property before the court.

I am, &c.,

(Signed)

A.B.

[State how interested in the property.]

Date of Lease.

Names, Addresses, and Descriptions of Parties to Lease.

SCHEDULE to Notice when given by Lessor.

Full Description of Property leased.

Term and

Rent.

Date of Assignment to Bankrupt

(if any

Names and Addresses of Parties to A-signment (if any).

Names and

Date of

Lease.

Addresses of

Parties to Lease.

SCHEDULE to Notice when given by Mortgagee or Assignee.

Description of

Property leased.

Term and

Rent.

Date of

Mortgage.

Names and Addresses of l'arties to Mortgage.

Term

conveyed by

Mortgage

Particulars of any Notices of Mortgage of Lease

by Bankrupt.

902

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

Amount

secured by

Mortgage.

Particulars of any Transfer of Mortgage, with Dates and Names and Descriptions of Parties thereto.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932. 903

No. 131.

APPLICATION FOR DIRECTIONS BY TRUSTEE.

(Title.)

R. 174

I desire to make application to the court for its directions [here state the particular matter in relation to which they are sought].

Let this application be heard on the

o'clock in the

Trustee.

day of

noon, and let the trustce give notice to [here insert the persons to whom it is to be given.]

Dated this

day of

•

Registrar.

No. 132.

ORDER ON APPLICATION OF TRUSTEE FOR DIRECTIONS.

(Title.)

R. 174

Whereas at a court (or in chambers) held this day the trustee of the property of the bankrupt applied to the court for its directions here state the particular matter in relation to which they are sought]. Now upon hearing C.D., of

on the matter, it is ordered

[here set out the order],

•

and that the trustce do pay out of the property of the bankrupt the sum of

　　　the costs of this order, [and the sum of

to C.D. for his costs] [or that C.D. do pay the

the costs of this order.]

sum of

Dated this

day of

No. 133.

ISSUES OF FACT FOR TRIAL BY JURY.

On the application of

Registrar.

Ord., s. 97 (2).

(Title.)

and on hearing

it is ordered that the following issues of fact be tried with a

jury on

[add any other necessary directions].

Issucs.

Dated this

day of

Registrar.

904

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

No. 134.

R. 144.

CREDITOR'S PETITION FOR ADMINISTRATION OF ESTATE oF DECEASED

I, C.D., of

DEBTOR UNDER SECTION 118.

(Title.)

for we, C.D., of

and E.F. of

], hereby petition the court that an order be made for the administration in bankruptcy of the estate of the late [here insert name and description of deceased debtor] who died on the

19. and say:

day of

1. That the said A.B. for the greater part of the six months next preceding his decease resided [or carried on business] with- in the jurisdiction of this court [or, as the case may be].

2. That the estate of the said A.B. is justly and truly indebted to me [or us in the aggregate] in the sum of $

　　　　　　　　　　　　　　　　　　　　[set out amount of debt or debts and the consideration].

3. That [I] do not nor does any person on [my] behalf hold any security on the said deceased debtor's estate, or on any part thereof, &c. [or, as in Form No. 10, Creditor's Petition].

4. That the estate of the said A.B. is according to my informa- tion and belief insufficient to pay his debts.

5. That the will of the said A.B. was on the

19 proved by J.S., of

}

day of and G.H., of

Or,

That letters of administration were on the

19 granted to J.S., of

Or,

day of

•

and G.H., of

That no probate or administrator in respect of the said estate has been applied for

Dated this

day of

Signed by the petitioner in my presence.

Signature of witness.

Address.

Description

Indorsement.

(Signed) C.D.

E.F.

day of

This petition having been presented to the court on the

19 it is ordered that this petition shall be on the

19 at

heard at o'clock in the

noon.

day of

If you, the said J.S. or G.H. intend to show cause against the petition, you must file with the Official' Receiver a notice showing the grounds upon which you intend to show cause, and post a copy of the notice to the petitioner or his solicitor, in each case three days before the day on which the petition is to be heard.

Registrar.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

No. 135.

R. 144.

PETITION BY LEGAL PERSONAL REPRESENTATIVE OR OFFICIAL ADMINISTRATOR FOR ORDER OF ADMINISTRATION UNDER

905

SECTION 113.

1. of

(Title.)

[or we, C.D., of

and E.F., of

C.D., hereby petition the court that an order made for the

administration in bankruptcy of the estate of the late [here insert name and description of deceased debtor], who died on the

day of

19 and say:-

1. That I am the Official Administrator of the estate [or we are] the legal personal representative [or representatives] of the said [debtor] and that his will was on the

day

19, proved by

Administration of his estate were on the

19 granted to

[or that letters of

day of

2. That the said [debtor] for the greater part of the six months next preceding his decease resided [or carried on busi- ness] within the jurisdiction of the court (or as the case may be.

3. That the estate of [debtor] is according to my [or our] information and belief insufficient to pay his debts.

(Signed)

Signed by the petitioner in my presence.

Signature of witness.

Address.

Description.

No. 136.

R. 146

ORDER FOR ADMINISTRATION IN BANKRUPTCY OF ESTATE OF

DECEASED DEBTOR UPON PETITION.

(Title.)

Upon the petition of C.D., dated

and numbered

and hearing

it is

who died insolvent,

of 19 and upon reading

ordered that the estate of A.B., of

be administered in bankruptcy, and that the Official Receiver be the trustee, and the costs of this application be

Dated this

day of

Registrar.

906

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

No. 137.

R. 169.

STATEMENT TO ACCOMPANY APPLICATION FOR RELEASE.

(Title.)

Statement showing position of estate at date of application for release.

Dr.

Cr.

Estimat- Receipts.

ed to produce

per debtor's

state-

ment,

By court fees...

Law costs of

petition Other

costs

law

Payments.

(a) 1st, or as the case may be.

To total receipts from date of re- ceiving order,

viz. :-

(State particu

lars under the several eading s specified in the debt- or's State- of

ment

Affairs.) Receipts per trading ac- count ...

Other receipts.

Less:-

Total

Deposit returned to petitioner Payments to re- deem securi- tics...

Costs of execu-

tion... Payn ents

trading

count

fer

ac-

Net realisations

Trustee's

viz. :-

remuneration,

per cent. on

assets realised. per cent. on

assets

distri- buted in dividend

Special manager's charges Person appointed to assist debtor under section 78 of the Ordinance... Auctioneer's charges as

taxed

Other taxed costs. Costs of possession..

Costs of notices in Gazette

and local papers

Incidental outlay

Total cost of realisa-

tion

Allowance to debtor....

(a) Dividend

now declar- ed of $

per cent. on

Dividends pre-

viously de- clared...

Balance

(5) Insert number of creditors.

Note.-Creditors:

(b) Preferential

(b) Unsecured

The debtor's estimate of amount expected to rank for dividend was $

Assets not yet realised are estimated to produce $

(Add here any special remarks which the trustee thinks desirable.)

Creditors can obtain any further information by inquiry at the office of the trustee.

Dated this

day of

Trustee.

Address.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

907

No. 138.

R. 123.

NOTICE TO CREDITORS OF INTENTION TO DECLARE DIVIDEND.

(Title.)

A(a) dividend is intendend to be declared in the above matter. (a) Insert You are mentioned in the debtor's statement of affairs, but you have not yet proved your debt.

you do not prove your debt by the you will be excluded from this dividend.

day of

here "first" or "second," or "final," or as the case may be.

Dated this

day of

Trustee.

Address.

No. 139.

R. 123.

NOTICE TO PERSONS CLAIMING TO BE CREDITORS OF INTENTION TO DECLARE FINAL DIVIDEnd.

(Title.)

Take notice that a final dividend is intended to be declared in the above matter, and that if you do not establish your claim to the satisfaction of the court on or before the day of

19 or such later day as the court may fix, your claim will be expunged, and I shall proceed to make a final dividend without regard to such claim.

Dated this

day of

Trustee.

Address

No. 140.

NOTICE TO CREDITOR OF INTENTION TO PAY COMPOSITION.

(Title.)

Notice is hereby given that a composition is intended to be paid in the above matter.

Your name is included in the list of creditors in the debtor's statement of affairs, but you have not yet proved your debt.

The last day for receiving proofs is the

Dated this

day of

19.

Official Receiver.

908

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

No. 141.

NOTICE OF DIVIDEND.

R. 123

(Title.)

(Please bring this dividend notice with you).

Dividend of

Notice is hereby given that a

per cent

dividend of

per cent has been declared in this matter, and that the same may be received at my office, as above, on the

　　　　　　　　　　　　　　　　　　　　　　　　day of

19 or on any subsequent

between the hours of

and

Upon applying for payment this Notice must be produced entire together with any bills of exchange, promissory notes or other negotiable securities held by you. If you do not attend personally you must fill up and sign the subjoined forms of receipt and authority, when a cheque or money order payable to your order will be delivered in accordance with the authority.

Dated this

day of

(Signed) G.H.,

Trustee.

Address.

Receipt.

Received of

and

the sum of

dollars

cents, being the amount payable to

me/us in respect of the my/our claim against this estate.

dividend of

per cent on

(Creditor's Signature)

(Authority.)

SIR,

out words

(a) Strike

inapplicable. order for the dividend payable to me/us in this matter.

If not to be

Please deliver (a) to me/us by post, at my/our risk or (a) to the bearer, Mr.

the cheque or money

sent by post

strike out

words in

italics, and insert the name of the person who

is to receive the cheque

or money

order.

(Creditor's Signature)

Date

19 .

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932. 909

No. 142.

Ord., s. 73.

APPLICATION BY CREDITOR FOR ORDER FOR TRUSTEE TO PAY

DIVIDEND WITHHELD AND ORDER THEREON.

(Title.)

I, F.K., of

make application to this court for an order to be made upon the trustee to pay the dividend in this bankruptcy due to me, with interest thereon for the time it has been withheld from me, that is to say, from the day of

　　19 on which day I applied to the trustee for its payment to me, and also to pay to me the costs of this application.

Dated this

day of

F.K.

Order.

Upon the reading of this application, and upon hearing it is ordered that the trustee do forthwith pay to the said F.K. the sum of

dollars, the amount of such dividend.

And it is further ordered that the trustee do pay to the said creditor at the same time the sum of

for interest on such dividend, being at the rate of 8 per cent. per annum for the time that its payment has been withheld, together with a further sum of

for the costs of this application.

Dated this

day of

Registrar.

(If the court does not order payment, then, after the words "it is ordered," insert the order made).

No. 143.

REQUEST TO DELIVER BILL FOR TAXATION.

(Title.)

I hereby request that you will, within seven days of this date, or such further time as the court may grant, deliver to me for taxation by the registrar your bill of costs (or charges) as (a)

　　　　　　failing which I shall, in pursuance of the statute, proceed to declare and distribute a dividend (a) Here without regard to any claim you may have against me or against state the estate of the debtor.

capacity in which per- son employed or engaged.

Dated this

day of

G.H.,

Trustee.

910

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

No. 144.

ALLOCATUR FOR COSTS OF DEBTOR'S PETITION.

(Title.)

I hereby certify-

(a) "is" or "is not".

(1.) That I have taxed the bill of costs of

the

debtor's solicitor, for filing the petition herein, and have allowed the same at the sum of cents.

(2.) That the deposit of

dollars

and

paid to the Official Receiver on the filing of the petition (a) included in the above-mentioned

sum.

(3.) That credit has been given in the said bill for the sum

received on account of such costs.

Dated this

day of

Registrar.

No. 145.

R. 190.

CERTIFICATE BY COMMITTEE OF INSPECTION AS TO AUDIT OF

TRUSTEES' ACCOUNTS.

We, the undersigned, members of the committee of inspection in the matter of

, a bankrupt, hereby certify that we have examined the foregoing account with the vouchers, and that to the best of our knowledge and belief the said account contains a full, true, and complete account of the trustee's receipts and payments on account of the estate.

Dated this

day of

A.B.

C.D. E.F.

Committee of Inspection..

No. 146.

AFFIDAVIT VERIFYING TRUSTEE'S ACCOUNT.

R. 191.

(Title.)

I, G.H., of

　　　　　　the trustee of the property of the above-named bankrupt, make oath and say:

That the account hereunto annexed marked B. contains a full and true account of my receipts and payments on account of the bankrupt's estate from the

day of

day of the

　　　　　　　　　　inclusive, and that I have not, nor has any other person by my order or for my use during such period, received or paid any moneys on account of the said estate *other than and except the items mentioned and specified in the said account.

Sworn at, &c.

}

* NOTE. If no receipts or payments, strike out the words

in italics.

婚

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

No. 147.

TRUSTEE'S TRADING ACCOUNT.

(Title.)

R. 168.

G.H., the trustee of the property of the bankrupt in account with the estate.

911

Date.

RECEIPTS.

€

Date.

PAYMENTS.

(Date)

G.H., Trustee

We have examined this account with the vouchers and find the same correct, and we are of opinion that the expenditure has been proper.

Dated this

Dr.

day of

Committee of Inspection

[or member of the Committee of Inspection.]

No. 148.

PROFIT AND Loss ACCOUNT (TRADING ACCOUNT).

(Title.)

PROFIT and Loss Account.

Stock on hand on

day

Sales

Other receipts, if any

Purchases

Trade expenses, viz. :-

Rent and taxes...

Stock on hand on

day

Wages

Miscellaneous

Balance being profit

R. 163.

G.H., Trustee.

(Date)

NOTE. This account to be submitted when the committee of inspection require, and in any case at the end of the trading business carried on by the trustee.

912

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

No. 149.

AFFIDAVIT VERIFYING TRUSTEE'S TRADING ACCOUNT.

(Title.)

R. 168.

1, G.H., of

the trustee of the property of the above-named bankrupt, make oath and say that the account hereto annexed is a full, true, and complete account of all money received and paid by me or by any person on my behalf in respect of the carrying on of the trade or business of the bank- rupt, and that the sums paid by me as set out in such account have, as I believe, been necessarily expended in carrying on such trade or business.

Sworn at, &c.

No. 150.

G.H., Trustee.

STATEMENT OF ACCOUNTS UNDER SECTION 88.

(Title.)

R. 176.

Receipts.

Payments.

Date.

Of whom Nature of received. Receipt.

Amount. Date.

To whom Naturé of

paid. l'ayment.

Amount.

€

Dated this

day of

(Signature)

19.

No. 151.

AFFIDAVIT BY SPECIAL MANAGER.

R. 182.

I. follows:

(Title.)

make oath and say as

1. The account hereunto annexed marked with the letter A, produced and shown to me at the time of swearing this my affidavit, and purporting to be my account as special manager of the estate or business of the above-named debtor, contains a true account of all and every sums and sum of money received by me or by any other person or persons by my order or to my knowledge or belief for my use on account or in respect of the said estate or business.

2. The several sums of money mentioned in the said account hereby verified to have been paid or allowed have been actually and truly so paid and allowed for the several purposes in the said account mentioned.

3. The said account is just and true in all and every the items and particulars therein contained according to the best of my knowledge and belief.

Sworn, &c.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932. 913

No. 152.

R. 169

NOTICE TO Creditors of INTENTION TO APPLY FOR RELEASE.

(Title.)

Take notice that I, the undersigned trustee [or late trustee] of the property of the bankrupt, intend to apply to the court. for my release, and further take notice that any objection you may have to the granting of my release must be notified to the court within twenty-one days of the date hereof.

A summary of my receipts and payments as trustee is here annexed.

Dated this

day of

G.H.,

Trustee.

K.L.,

Creditor.

NOTE.-Section 94 (3) of the Bankruptcy Ordinance, 1931, en- acts that "An order of the court releasing the trustee shall dis- charge him from all liability in respect of any act done or default made by him in the administration of the affairs of the bankrupt, or otherwise in relation to his conduct as trustee, but such order may be revoked on proof that it was obtained by fraud or by suppression or concealment of any material fact.'

No. 153.

APPLICATION BY TRUSTEE TO COURT FOR RELEASE.

(Title.)

R. 169.

1, G.H., the trustee of the property of the bankrupt, do hereby report to the court as follows:

1. That the whole of the property of the bankrupt has been realised for the benefit of his creditors [and a dividend to the amount of $

per cent has been paid as shown by the

statement hereunto annexed];

[or That so much of the property of the bankrupt as can, according to the joint opinion of myself and the committee of inspection, hereunto annexed in writing under our hands, be realised without needlessly protracting the bankruptcy, has been realised, as shown by the statement hereunto annexed, and a dividend to the amount of $

per cent has been paid];

[or That a composition [or scheme] under section 25 of the Ordinance has been duly approved by the court].

2. I therefore request the court to grant me a certificate of release.

Dated this

day of

No. 154.

G.H.,

Trustee.

Ord., s. 38 (6).

NOTICE OF TRANSFER OF SEPARATE ESTATE TO JOINT ESTATF

FOR GAZETTE.

(Title.)

Notice is hereby given that there being in the hands of the trustee in the above bankruptcy a surplus estimated at $ arising from the separate estate of [name of separate partner]

914

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

one of the bankrupts, and there being no separate creditors of such bankrupt, it is the intention of such trustee, at the expira- tion of

days from the appearance of this notice in the Gazette, to transfer such surplus to the credit of the joint estate in the said bankruptcy.

Dated this

day of

G.H.,

Trustee.

PART II.

Regulations as to Costs.

R. 31.

1. The scale of costs and the amount and the mode of taxation thereof shall be that applicable from time to time in the Original Jurisdiction of the Supreme Court.

2. In respect of business connected with sales, purchases, leases, mortgages, and other matters of conveyancing, and in respect of other business not being business transacted in court or in chambers, and not being otherwise contentious business, the solicitor's remuneration shall (in the absence of any agree- ment to the contrary) be regulated by the conveyancing scale charges for the time being in force; provided that, in cases of sales of mortgaged properties, the trustee's solicitor shall be entitled to percentage only upon so much of the proceeds of sale. as shall not be chargeable by the mortgagee's solicitor with the percentage, and such percentage shall be payable only out of the proceeds of sale.

3. All court fees and other proper disbursements shall be allowed in addition to the remuneration in the authorised scale.

4. Extra allowance for length of sittings, or other increased- allowances not inconsistent with the scale, may be allowed; provided that any such allowances shall have been ordered and certified by the court at the time, or all such charges shall be disallowed.

5. Vouchers shall be produced on taxation for all payments, or such payments shall be disallowed.

6. As to all fees or allowances which are discretionary, the same are, unless otherwise provided, to be allowed at the dis- cretion of the registrar, who in the exercise of such discretion is to take into consideration other fees and allowances to the solici- tor and counsel, if any, in respect of the work to which any such allowance applies, the nature and importance of the matter, the amount involved, the interest of the parties, the estate or person to bear the costs, the general conduct and costs of the proceed- ings, and all other circumstances.

7. The allowances to witnesses in bankruptcy proceedings in the court shall be in accordance with those from time to time ordinarily made in proceedings in the Original Jurisdiction of the Supreme Court.

1932.

Courts of Justice, Hong Kong, this 15th day of October,

J. H. KEMP,

Chief Justice.

Approved by the Legislative Council this 10th day of

November, 1932.

R. A. C. NORTH, Deputy Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

No. 728.

Scale of fees and percentages prescribed by the Chief Justice under section 115 of the Bankruptcy Ordinance, 1931, Ordinance

· No. 10 of 1931, on the 15th day of October, 1932, and approved by the Legislative Council on the 10th day of November, 1932.

SCALE OF FEES AND PERCENTAGES.

915

IN BANKRUPTCY.

TABLE A.

Declaration by a debtor of inability to pay his

debts, filing of

2.00

2. Bankruptcy notice,

5.00

3. Bankruptcy petition,

50.00

4. Bond with sureties, including filing.

6.00

Affidavit other than proof of debts, including

filing,

2.00

6. Subpoena, or summons under section 29,

.50

7. Marking exhibit, including filing,

.50

8. Proof of debt above $20, including filing,

1.00

9. Petition under section 113,

50.00

10.

(a) Application for an order of discharge in-

cluding expenses of gazetting,...

25.00

(b) And for each creditor to be notified,

.50

1.00

13. Order of the court, including filing,.

11. Application for search other than by petitioner, trustee, bankrupt, or any officer of the court, 12. Application to the court, except by the Official Receiver when acting either as Official Receiver or trustee, and except where other- wise specifically provided for,

14. Office copy, each folio of 72 words,

4.00

5.00

.50

15. Allocatur by the Registrar for any costs,

charges, or disbursements:

Where the amount allowed does not

exceed $100,

4.00

Where the amount exceeds $100:-

For the first $100,

4.00

For every additional $100 or fraction

thereof,

1.00

16. Application to the Registrar for payment of money out of the Bankruptcy Estates Account,

2.00

17. On every application to the court to approve a com- position a fee computed at the following rates on

　　　　　　　　　　　　　　　　on the gross amount of the composition, i.e., $15 on every $1,000 or fraction of $1,000 up to $50,000, and $7.50 on every $1,000 or fraction of $1,000 beyond $50,000.

18. On every application to the court to approve a scheme of arrangement, a fee computed at the following rates on the gross amount of the estimated assets (but not exceeding the gross amount of the unsecured liabilities), i.e., $15 on every $1,000 or fraction of $1,000 up to $50,000 and $7.50 on every $1,000 or fraction of $1,000 beyond $50,000:-

916

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

Provided that where a fee has been taken on a previous application to the court to approve a composition or scheme, or where a fee has been paid under this table on the account submitted for audit, seven-eighths of the amount thereof shall be deducted from the fee payable on an application to approve a composition or scheme.

19. On every application for release by a trustee, a fee of $2.50 on every $1,000 or fraction of $1.000 of assets realized and brought to credit.

20. Registration of assignment of book debts under Rule 127.

(a) On producing original assignment, filing

attested copy thereof and certified transla- tion (when necessary)

in the English language, including registering and marking original

(b) Every search or official certificate of the result of a search in one name in any register or index in the custody of the Registrar

$1.00

1.00

same certificate

.50

(d) For a duplicate copy of certificate if not

more than 3 folios

.50

(e) For every additional folio

.50

(f) On filing certificate (in English) or other evidence of satisfaction to the approval of the Registrar

1.00

TABLE B.

1. On the net assets realized or brought to credit by the Official Receiver, whether acting as interim receiver, receiver, or trustee. or by a trustee other than the Official Receiver, after deducting any sums paid to secured creditors in respect of their securities, and not being assets realized by a special manager or moneys received and spent in carrying on the business of the debtor, and on the net assets realized by an Official Receiver when acting as trustee, or by a trustee other than the Official Receiver to administer a debtor's property under a composition or scheme, after deducting any sums paid to secured creditors in respect of their securities, and not being moneys received and spent in carrying on the business of a debtor, a percentage according to the following scale:-

On the first $10,000 or fraction thereof, On the next $15,000 or fraction thereof, On the next $25,000 or fraction thereof, On the next $50,000 or fraction thereof, On all further sums,

71 per cent

..... 6

Provided that where the assets realized or any part thereof consist of the profit on exchange contracts the following percentages shall be payable in respect of the net amount realized by such contracts:

(a) Realized,

(b) Set off,

2 per cent

1 ""

2. On the amount distributed to creditors by the Official Receiver or any other trustee, when acting as trustee under a composition:-

On the first $5,000 or fraction thereof, On the next $5,000 or fraction thereof, On the next $10,000 or fraction thereof, On all further sums,

per cent

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932. 917

3. On the amount distributed in dividend by the Official Receiver, or any other trustee, when acting otherwise than as trustee under a composition:-

On the first $10,000 or fraction thereof. On the next $15,000 or fraction thereof, On the next $25,000 or fraction thereof, On the next $50,000 or fraction thereof, On all further sums,

32 per cent

4. For the Official Receiver acting as interim receiver of the property of a debtor, in addition to the percentage chargeable on realizations, on every order,

and in addition, where the order is in force for a longer period than fourteen days, for every seven days after the first fourteen, and for every fraction of seven days,

$45.00

$15.00

5. For each notice by an Official Receiver to a creditor of

a first or any other meeting, or sitting of the court:

Where the estimated value of the assets exceeds

$1,000 each notice

Where the estimated value of the assets does not

exceed $1,000:-

50 cents.

On the first twenty notices-each notice, 50 For each notice above twenty,

Each notice by an Official Receiver to a creditor of an adjourned meeting or an adjourned sitting of the court,

6. For the Official Receiver supervising a special manager or the carrying on of a debtor's business, where the estimated assets exceed $1,000, a fee according to the following scale:

If the gross assets are estimated by the Official

Receiver not to exceed $5,000,

If to exceed $5,000 but not to exceed $50,000, If to exceed $50,000 but not to exceed $100,000... If to exceed $100,000 but not to exceed $200,000, If to exceed $200,000,

Per week

$15.00

30.00

45.00

60.00

75.00

7. Travelling, keeping possession, and other reasonable ex- penses of Official Receiver or trustee-the amount disbursed.

8. For official stationery, printing, books, forms, and post- ages, each estate:

For every ten applications to debtors to an

estate, or fraction of ten,

$1.50

Where the estimated assets exceed $1,000:-

For every ten creditors or fraction of ten,

7.50

Where the estimated assets do not exceed $1,000:-

For every ten creditors or fraction of ten up to

twenty,

7.50

For every ten creditors or fraction of ten above

twenty,

3.75

9. On one copy of an account, showing assets realized, for- warded by the trustee to the Official Receiver, a fee according to the following scale on the gross amount of the assets realized and brought to credit, i.e., $15.00 on every $1,000 or fraction of 1,000 up to $50.000 and $7.50 on every $1,000 or fraction

1.000 beyond $50,000:-

Provided that where a fee has been taken on an applica- tion to approve a composition or scheme of arrange- ment seven-eighths of the amount thereof shall be deducted from the fee.

918

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

10. On every payment of money out of the Bankruptcy Estate Account 20 cents on each $10 or fraction of $10 to be charged as follows:--

When the money consists of unclaimed dividends, on

each dividend paid out.

When the money consists of undistributed funds or

balances, on the amount paid out.

TABLE C.

Scale of Allowances to Auctioneers, Accountants and Special Managers.

R. 182.

All the following charges shall be subject to reduction by agreement with the Official Receiver or the trustee.

1.-Auctioneers.

Pure Personal Property.

For inventory, only, and one copy (not exceeding 5

folios)

$15.00

For every additional folio beyond 5 up to 20 and one

copy

1.00

For each folio above 20, and one copy

.75

21 per cent 14 1

For inventory and valuation:-

On the first $1,000 ....

On the next $4,000 ...

Above $5,000 up to $100,000 Above $100,000

For sales by private contract based on the valuation, half the above charges for inventory and valuation.

For sales by auction, in addition to such out-of-pocket ex- penses as may be authorised at the time by the Official Receiver or trustee :-

On the first $1,000

On the next $4,000

On the next $5,000

Above $10,000

6 per cent 5

Leaseholds.

For sales by auction of leasehold property including prior valuations, for determining amount of reserve bids-and for sale, by private contract, to include prior valuation.

On the first $ 3,000

On the next $17,000

Above up to $50,000

Above $50,000

5 per cent

2.-Architects.

For valuation of leasehold property and reporting thereon a fee to be fixed by agreement but not to exceed :-

On the first $10,000

On the next $90,000

Above $100,000

.1 per cent

Cost of Surveys dilapidations and specifications in discretion of taxing officer $25 to $100.

The foregoing charges to be in addition to such out-of-pocket expenses as may be authorised at the time by the Official

Receiver or trustee.

General

An Architect or Auctioneer who uses his own motor car or motor cycle, instead of travelling by railway or hired vehicles, shall be entitled if the Taxing Officer is satisfied that such user was reasonable to an allowance not exceeding 25 cents per mile.

Fees for services not provided for in the scale may be fixed by agreement with the trustee and the consent of the Committee of Inspection.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932. 919

3.-Special Manager's and Accountant's Charges.

Where the employment of a special manager or accountant has been duly sanctioned, and in the absence of any special arrangement with the Official Receiver or the trustee for smaller amount, the following charges may be allowed:-

For carrying on a business and supervising

same and all accounting, collecting and re- alising assets in respect thereof or prepar- ing balance sheet, investigating accounts etc., principal's time, exclusively so em- ployed, per day of six hours, including necessary affidavit verifying accounts

$100 to $175

Chartered accountants other than principals... $ 75 to $100

Chief clerk's time

$ 20 to $ 45

Other clerk's time, per day of seven hours... $ 5 to $ 20

These charges shall include stationery, except the forms used.

N.B. Only the minimum charges will be allowed as a rule, unless there is good reason for increasing them, such as the difficulty and unusual nature of the business to be carried on, the complexity of negotiations, or other similar considerations.

1932.

Courts of Justice, Hong Kong, this 15th day of October,

J. H. KEMP,

Chief Justice.

Approved by the Legislative Council this 10th day of November, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

920 THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

No. 729.-- His Majesty the KING has not been advised to exercise his power of disallowance with respect to the following Ordinance :---

Ordinance No. 25 of 1932.-An Ordinance.to authorize the Appropriation of a Supplementary Sum of One million eight hundred and eighteen thousand three hundred and seven Dollars and seventy-eight Cents to defray the Charges of the year 1931.

R. A. C. NORTH, Deputy Clerk of Councils.

COUNCIL CHAMBER,

18th November, 1932.

APPOINTMENTS, &c.

No. 730.-It is hereby notified that Mr. THOMAS MAYNARD HAZLERIGG, M.C., assumed duty as Registrar of the Supreme Court and Official Administrator, on the 14th November, 1932.

15th November, 1932.

No. 731.-His Excellency the Officer Administering the Government has been pleased to appoint Mr. THOMAS Maynard Hazlerigo, M.C., to be Registrar of Companies, with effect from the 14th November, 1932.

15th November, 1932.

No. 732.-His Excellency the Officer Administering the Government has been pleased to appoint Mr. THOMAS MAYNARD HAZLERIGG, M.C., to be Official Trustee, with effect from the 14th November, 1932.

15th November, 1932.

　　　　No. 733-His Excellency the Officer Administering the Government has been pleased to appoint Mr. GEORGE STACY KENNEDY-SKIPTON to be an Assistant Colonial Treasurer, with effect from 16th November, 1932.

16th November, 1932.

　　　No. 734. His Excellency the Governor has been pleased to appoint LIU KWAI (E) to be "Forest Officer" for the control and superintendence of the forests of

廖桂)

the Colony, in place of WAI KWONG () retired, with effect from 16th November, 1932.

18th November, 1932.

୮

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932. 921

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Stanley Lots Nos. 648 and 649.

　　No.735.-Take notice that Stanley Lots Nos. 648 and 649 are required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption, and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

18th November, 1932.

壹千九百卅二年十一月十八日

W. T. SOUTHORN,

Colonial Secretary.

布政司蕭

千千

A訂議此布

選定則公斷局可代其選定一人爲

期滿一星期內該地業主偉未有公斷局議定應補置若干如此通告又該地業主須自行選舉一人會同年政府收回公地則例修正者辦理回公地則例卽經一千九百三十回至如何補置則按一千九百年收鑫湏由今日起限一個月內將其收及六百四十九號地段現因舉辦公通告事照得赤柱第六百四十八號

及六百四十九號地段業主右通告赤柱第六百四十八號

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Stanley Lots Nos. 650, 651 and 652.

No. 736.-Take notice that Stanley Lots Nos. 650, 651 and 652 are required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbi- trators to determine the amount of compensation to be paid in respect of such resumption, and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

18th November, 1932.

Colonial Secretary.

W. T. SOUTHORN,

922

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18,1932.

主干

千月

現百

通布

地百右

五通

十告

舉一人會同公斷局議定應補置若

修正者辦理又該地業主須自行選

千九百三十年政府收回公地則例千九百年收回公地則例卽其經一

千如此通告期滿一星期內該地業

主尙未有人選定則公斷局可代真

選定一人爲其訂議此佈

地段業主

百五十一號及六百五十二號

右通告赤柱第六百五十六

一千九百廿二年十一月十八日

現因舉辦公益須由今日起限一個百五十一號及六百五十二號地段 |告事照得赤柱第六百五十號六

内將其收回至如何補置則按一

布政司蕭

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Stanley Lots Nos. 653, 654, 655, 656, 657, 658, 659, 660, 661, 662, 663, 664, 665, 666, 667, 668, 1032, 1033, 1034, 1035, 1936, 1037 and 1038.

No. 737.-Take notice that Stanley Lots Nos. 653, 654,655,656, 657,658,659, 660, 661, 662, 663, 604, 665, 666, 667, 668, 1032, 1033, 1034, 1035, 1036, 1037 and 1038 are required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption, and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

18th November, 1932.

W. T. SOUTHIORN,

Colonial Secretary.

為有此一修經則起十十三零號六號百六百通布千零千號十百號十六六五其人通人正一按限八六十三六十六五號五告政九训零一八六六一百號十通訂選告會者千一一號號四十百四百十六十事司百八卅千號十百號五六四告議定期同辦九千個地一號二六號六九百四照蕭卅號六零一六六六十百號赤此則滿公理百九月段千一號十六十號五號得二地號卅千號十百九五六柱布公一斷又卅百內現零一七百二六十六赤年段一四零六四六號十百第斷星局該年年將因三零千號六號百七百柱十業千號卅百號十六七五六局期議地政收其舉十三零六十六六號五第 - 主零一二六六二百號十百可內定業府回收辦七十三百五百十六十六月卅千號十百號六六五五代該應主收公公號五十六號六號百五百十七零一七六六十百號十其地補須回地至及號三十六十六五號五入號卅千號十百號五六三選業自公則如湏一一號八百三百十六十日及五零六五六六十百號定主若行地例何由千千一號六號六八百三一號卅百號十百八五六一份干選則即補今零零一十六十號五號千一三六六三六號十百人未如舉例其置日三三零千六百一六十六為

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18,1932. 923

COLONIAL SECRETARY'S DEPARTMENT.

To the Owner of Stanley Lot No. 1031.

　　　No. 738.-Take notice that Stanley Lot No. 1031 is required for a public purpose and will be resumed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitra- tors to determine the amount of compensation to be paid in respect of such resumption, and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

18th November, 1932.

W. T. SOUTHORN,

Colonial Secretary.

布政司蕭

可代,選定一人爲其訂議此布該地業主尙未有人選定則公斷局補置若干如此通告期滿一星期內自行選舉一人會同公斷局議定應地則例修正者辦理又該地業主須其經一千九百三十年政府收回公則按一千九百年收回公地則例即限一個月內將其收回至如何補置號地段現因舉辦公益須由今日起通告事照得赤柱第一千零三十一

地府

右通告赤柱第一千零三十一

號地段業主

一千九百卅二年十一月十八日

COLONIAL SECRETARY's DEPARTMENT.

To the Ourner of Stanley Lots Nos. 1074, 1075, 1076 and 1077.

No. 739.-Take notice that Stanley Lots Nos. 1074, 1075, 1076 and 1077 are required for a public purpose and will be resummed on the expiration of one month from the date hereof and that thereupon such compensation will be paid as may be awarded in the manner provided by the Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance. 1930, and further take notice that you are hereby called upon to nominate a member to serve on the Board of Arbitrators to determine the amount of compensation to be paid in respect of such resumption, and that in the event of your failing to nominate a member to serve on the Board within one week after the date of the expiration of this notice then the Chairman of the Board may nominate a member to serve on your behalf.

W. T. SOUTHorn,

18th November, 1932.

Colonial Secretary.

924

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

人有

年收回公地則例卽其經一千九百其收回至如何補置則按一千九百

千千

三十年政府收回公地則例修正着

主須

府地收則囘公

例

人爲其訂議此布

有人選定則公斷局可代其選定一

通告期滿一星期内該地業主尙未

會同公斷局議定應補置若干如此

辦理又該地業主須自行選舉一人

十六號及一千零七十七號地

號一千零七十五號一千零七

右通告赤柱第一千零七十四

與業主

一千九百卅二年十一月十八日

布政司蕭

辦公益須由今H起限一個月內將

號及一千零七十七號地與現因舉

號一千零七十五號一千零七十六通告事照得赤柱第一千零七十四

SUPREME COURT.

篇

No. 740. It is hereby notified that His Horour Sir Joseph Horsford Kemp, Knight, Commander of the Most Excellent Order of the British Empire, Chief Justice, has by Commission signed by him, and dated the 14th November, 1932, appointed THOMAS MAYNARD HAZLERIGG, Registrar of the Supreme Court, to be a Commissioner to administer oaths and take declarations, affirmations and attestations of honour in the Court, so long as he shall hold the said office of Registrar of the Supreme Court.

T. M. HAZLERIGG, Registrar.

14th November, 1932.

SUPREME COURT.

No. 741.-It is hereby notified that at the expiration of three months from the date hereof The SHANGHAI KWONG YICK LAND AND INVESTMENT COMPANY, LIMITED will, unless cause is shewn to the contrary, be struck off the register and the company will be dissolved.

14th November, 1932.

T. M. HAZLERIGG,

Registrar of Companies.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　　No. 742. It is hereby notified that the registration of the following trade mark has been renewed under the provisions of the Trade Marks Ordinance, 1909 :-

Number

Date of Registration.

Name and Address of Owner.

Mark.

Period of Renewal.

Class in which renewed.

File No.

No. 56 of 1919.

12th November, 1918.

James Pascall, Limited, of 100-101, Blackfriars Road, London, S.E., England.

12th November, 1946.

280 of 1932.

17th November, 1932.

E. L. AGASSIZ, Registrar of Trade Marks.

926

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 25, 1932.

APPOINTMENTS.

No. 743 -His Excellency the Governor has been pleased to appoint, under section 9 (3) of the Liquors Ordinance, 1931, Ordinance No. 36 of 1931, the Honourable Mr. WILFRID THOMAS SOUTHORN, C.M.G., J.P., Colonial Secretary, to be Chairman of the Licensing Board for a period of three years, with effect from 17th November, 1932.

23rd November, 1932.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. 744.-The following Public and General Holidays will be observed Government Holidays in 1933 :-

Public Holiday:

Empire Day, or if that day should be a Sunday Wednesday, 24th May,

Every Sunday

Sunday}

General Holidays:

The First week-day in January Chinese New Year's Day, or if that day should be

a Sunday then the following day

The First week-day following Chinese New Year's Day, or if Chinese New Year's Day should be a Sunday then the Tuesday following Chinese New Year's Day

Good Friday

The day following Good Friday

Easter Monday

The Birthday of His Majesty the King, unless it shall be ordered by the Governor, by an order

Monday, 2nd January.

} Thursday, 26th January.

Friday, 27th January.

Friday, 14th April. .Saturday, 15th April. ..Monday, 17th April.

published in the Gazette, that His Majesty's Saturday, 3rd June. Birthday is to be kept on some other day,

and then, such other day

Whit Monday..

Monday, 5th June.

The first week-day in July

The first Monday in August..

Saturday, 1st July.

.Monday, 7th August.

.Monday, 4th September.

The first Monday in September

The tenth day of October, or if that day should} Tuesday, 10th October.

be a Sunday then the following day Armistice Day, or if that day should be a Sunday

then the following day

....

Christmas Day, or if that day should be a Sunday

then the following day

The twenty-sixth day of December, or if that day

Saturday, 11th November.

}Saturday,

Monday, 25th December.

should be a Sunday then the following day, Tuesday, 26th December.

or if Christmas Day should be a Sunday then the Tuesday following Christmas Day...

It is hereby notified that His Excellency the Governor has been pleased to exclude the Magistrates from the operation of the Holidays Ordinance, 1912, Ordinance No. 5 of 1912, on the 2nd and 27th January, 15th and 17th April, 3rd and 5th June, 1st July, 7th August, 4th September, 11th November, and 26th December, 1933.

The Imports and Exports Department will be open for the purpose of Revenue collection and issue of permits only from 9 a.m. to 12 Noon on all the above days except Sundays, Chinese New Year's Day, Good Friday, 10th October, and Christmas Day.

W. T. SOUTHORN,

25th November, 1932.

Colonial Secretary.

}

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 25, 1932. 927

COLONIAL SECRETARY'S DEPARTMENT.

No. 745.-The following Order is published for general information.

In accordance with the provisions of section 4 of the Unclaimed Balances Ordinance, 1929, His Excellency the Governor hereby directs that the respective sums of money, particulars of which appear hereunder, shall be transferred from the Miscellaneous Deposit Account to the general revenue of the Colony. This transfer is subject to the provisions contained in the said Ordinances as to refunds.

PARTICULARS ABOVE REFERRED TO.

Receipt No.

Date of Issue.

Nature of Deposits.

144 16. 4.24. For erecting and maintaining matsheds

on I.L. 2453, Jardine's Look Out.

177 10. 5.24. For erecting and maintaining matsheds

on 1.L. 2335.

205 28. 5.24. For erecting and maintaining matsheds

on R.B.L. 214, Pokfulam.

209 30. 5.24. For erecting and maintaining matsheds

270

on Crown Land at side of Stubbs Road, R.B.L. 78 and Crown Land North of Peak Tramway Station.

9. 7.24. For erecting and maintaining matsheds

on R.B.L. 205, Repulse Bay.

273 11. 7.24. For obtaining 300 c. yards of earth and 100 c. yards of Stone from Crown Land east of R.B.L. 214.

305

1. 8.24. For erecting and maintaining matsheds on Crown Land adjoining R.B.L. 214, Pokfulam.

Name of Depositors. Amount.

The South China

100.00

Construction Co.

100.00

50.00

500.00

50.00

200.00

100.00

350 27. 8.24. For Water Consumption and Meter

Li Yeuk Ling.

100.00

Rent for Building service at No.

113, Belcher's Street.

353 28. 8.24. For Water Consumption and Meter Yeung Kam Wan.

100.00

Rent for Trade Supply at No. 439,

Shanghai Street.

432 17.10.24. For obtaining surface boulder from Tung Shan Co.

Crown Land N.E. of I.L. 2354, Stubbs Road.

31 26. 2.25. For permit for depositing building materials on Crown Land in front of I.L. 2437.

100.00

The Rural Land

100.00

Investiment Co.

2. 3.25. For permission to occupy Crown Land near Pokfulam Village for matsheds,

Chiu On and Co.

50.00

etc.

Carried forward $1,550.00

928

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 25, 1932.

Receipt No.

Date of Issue.

Nature of Deposits.

Name of Depositors. Amount.

Brought forward

$ c. 1,550.00

Fook Loong.

51.50

114 23. 5.25. For Water Consumption and Meter Rent for Building service at Fan- ling Bungalow, S.S.L. 4.

118 27. 5.25. For permit for erecting 8 matsheds on Crown Land at side of Stubbs Road and west of Peak Tramway Station.

142 23. 7.25. For Water Consumption and Meter Rent for Building supply at K.M.L. No. 49.

The Rural Land

500.00

Investment Co.

Chau Shiu Po.

100.00

144 25. 7.25. For permit for 8 sheds in connection Ng Hing.

with the construction of Kowloon Tong Reservoir.

500.00

16819. 9.25. For Water Consumption and Meter

Lai Sui, Wai Yat

100.00

Rent for Building supply at Tung Hing Road, K.I.L. 1568.

Knitting

Factory.

7 26. 1.26. For erecting 3 matsheds in connection Fung Chicken with the erection of 2 automatic tide gauges (Contract No. 2 of 1925).

8 27. 1.26. For erecting 3 matsheds at Kowloon

Tong in connection with the erec- tion of 2 automatic gauges up to 31.3.26.

50.00

& Co.

Do.

50.00

8. 2.26. For Water Consumption and Meter Rent for Building supply at No. 197, Shanghai Street.

Wu Chu Shek.

100.00

114 27.10.26. For payment of Light Dues, etc.

Fat Hing Loong

150.00

Kee S. S. Co.

115 28.10.26. For permit for obtaining earth from Crown Land E. of R.B.L. 214, l'ok- fulam Road.

Chit Kee & Co.

50.00

130 29.11.26. For erecting a matshed and a magazine Hung Hop.

at N.E. of K.1.L. 1916 (Contract)

No. 30 of 1926).

142 15.12.26. For Water Consumption and Meter Hing Wah.

Rent for Trade Service supply at Nos. 2-8, Ki Lung Street, Sham- shuipo.

4 11. 1.27. For Water Consumption and Meter Rent for Building Service supply at No. 109, Wanchai Road, Ground

floor.

50.00

100.00

Woo Chi Shing.

100.00

Carried forward... $3,451.50

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 25, 1932. 929

Receipt No.

Date of Issue.

Nature of Deposits.

Name of Depositors. Amount.

Brought forward

3,451.50

35 28. 2.27. For Water Consumption and Meter Rent for Trade Service supply at No. 2B, Eastern Street.

Hang Lee.

100.00

3. 3.27. For Water Consumption and Meter Rent for Trade Service supply at Lic. No. 68, Praya East Reclamation.

Lee Chok Kai.

100.00

108

6. 7.27. For permit for erecting and maintain- Tung Hing Co.

ing hoarding and scaffolding at Nos. 47-59, Catchick Street.

50.00

Lam Fan Nam.

50.00

168 11.10.27. For permit to occupy Crown Land at Argyle Street, Ho Mun Tin for erecting 2 sheds in connection with the Kowloon Tsai Development Scheme Extension.

25th November, 1932.

Total.

$3,751.50

W. T. SOUTHORN,

Colonial Secretary.

POLICE DEPARTMENT.

　　　No. 746.-The following corrections to Government Notifications which appeared in the Hong Kong Government Gazette No. 52 of the 18th November, 1932, are made as hereunder :

Government Notification No. S. 461 dated 18th November, 1932.-

For the word "Friday" in the third line insert "Monday". Government Notification No. S. 462 dated 18th November, 1932.--

For the word "Friday" in the fourth line insert "Monday". Government Notification No. S. 463 dated 18th November, 1932.-

For the word "Friday" in the third line insert "Monday".

E. D. C. Wolfe, Inspector General of Police.

25th November, 1932.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 25, 1932. 929

Receipt No.

Date of Issue.

Nature of Deposits.

Name of Depositors. Amount.

Brought forward

3,451.50

35 28. 2.27. For Water Consumption and Meter Rent for Trade Service supply at No. 2B, Eastern Street.

Hang Lee.

100.00

3. 3.27. For Water Consumption and Meter Rent for Trade Service supply at Lic. No. 68, Praya East Reclamation.

Lee Chok Kai.

100.00

108

6. 7.27. For permit for erecting and maintain- Tung Hing Co.

ing hoarding and scaffolding at Nos. 47-59, Catchick Street.

50.00

Lam Fan Nam.

50.00

168 11.10.27. For permit to occupy Crown Land at Argyle Street, Ho Mun Tin for erecting 2 sheds in connection with the Kowloon Tsai Development Scheme Extension.

25th November, 1932.

Total.

$3,751.50

W. T. SOUTHORN,

Colonial Secretary.

POLICE DEPARTMENT.

　　　No. 746.-The following corrections to Government Notifications which appeared in the Hong Kong Government Gazette No. 52 of the 18th November, 1932, are made as hereunder :

Government Notification No. S. 461 dated 18th November, 1932.-

For the word "Friday" in the third line insert "Monday". Government Notification No. S. 462 dated 18th November, 1932.--

For the word "Friday" in the fourth line insert "Monday". Government Notification No. S. 463 dated 18th November, 1932.-

For the word "Friday" in the third line insert "Monday".

E. D. C. Wolfe, Inspector General of Police.

25th November, 1932.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 25, 1932.

930

No. 747.

COMPARATIVE STATEMENT OF THE REVENUE AND EXPEN

Revenue from

Revenue

Estimates.

1st to

Heads of Revenue.

31st

1932.

August, 1932.

for same period of preceding

Actual Revenue to 31st August,

Revenue

for same

period of preceding

year.

1932.

year.

Duties

7,890,000

333,522.50

€A

489,011.45

4,422,108.58

3,800,550.03

Port and Harbour Dues.....

793,000

69,022.82

72,659.19

542 757.88 538,908.55

Licences

and

Internal

Revenue not otherwise

specified

16,234,110

1,123,594.18 1,462,420.05

11,069,288.87 10,798.432.38

Fees of Court or Office

Payments for specific

and Reim-

purposes,

bursements in Aid

Post Office

2,122,100

142,239.46

152,440.37 1,564,838.17 1,425,375.32

2,340,000

149,471.59 164,633.67 1,257,952.66 1,322,581.77

Kowloon-Canton Railway...

1,100,000

93,397.71

85,972.61 838,369.34 705,228.11

Rent of Government Pro-

perty, Land and Houses...

1,407,300

53,473.60

49,121.17 923,736.25

815,841.70

Interest

150,000

Dr. 1,052.72

24,781.06 247,327.35 203,820.95

Miscellaneous Receipts.

205,000

7,555.15

10,858.41

188,011.14

187,154.72

Total (exclusive of Land

Sales)

22.241,510 1,971,224.29

2,511,897.98 | 21,054,390.24 19,797,893.53

Land Sales (Premia on New

Leases)

1,750,000

24,663.18

168.882.10

817,025.18 1,951,043.99

TOTAL...

$ 33,991,510 1,995,887.47 2,680,780.08 21,871,415,42 21,748,937.52

21st November, 1932.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 25, 1932. 931

TREASURY.

DITURE FOR THE PERIOD ENDED 31sT AUGUST, 1932.

Estimates,

Heads of Expenditure.

1932.

Expenditure from 1st to 31st

August, 1932.

Expenditure for same period of preceding

year.

Actual Expenditure

to 31st August, 1932.

Expenditure for same period of preceding

year.

$ C.

H. E. the Governor

209,720

15.571.96

13,263.20

105,280.71

113,945.35

Cadet Service

755,321

45,099.90

51,424.37

368,884.39

437,650.53

Senior Clerical and Ac-

counting Staff ................

409,634

26,175.34

30,183.67

201,122.63

246,669.19

Junior Clerical Service

973,480

78,121.11

71,755.01

625,080.09

582,293.47

Colonial Secretary's Office

and Legislature

78,946

4,848.09

5,574.54

41,188,44

48,400.73

Secretariat

for

Chinese

Affairs

27,938

2,229.70

1,497.55

19,155.71

12,287.25

Treasury

115,580

5,579.60

6.128.10

68,977.72

50,402.09

Audit Department

97,054

4,876.21

9,026.69

40,663.37

57.939.87

District Office, North

26.867

1,840.13

2,142.23

14,127.65

14,934.24

Do., South

13,614

874.76

805.32

7,295.01

7,227.97

Communications:

(a) Post Office ..

448,592 Cr. 7.040.58

87,298.31

289,028.57

318,087.99

(b) Do. Wireless Telegraph Service. Imports and Exports

156,604

12.776.05

12,695.65

99.467.81

95,649.52

Office

802,437

22,495.00

21,653.80

366,192.12

611,324.13

Harbour Department

1,298,865

94,091.02

90,887.59

666.372.39

615,112.37

Do.

Air

'Service

52,807

1,003.73

1.015.78

7,650.67

22,956.32

Royal Observatory

Fire Brigade..

88,160

5,174.23

6,237.77

46,057.12

49,311.62

363,965

28,878 27

18,958.69

178,709.59

221,697.82

Supreme Court.......

209.300

16,137.07

15,535.29

108,640.91

134,606.30

Attorney General.

50,190

2,816.49

4,198.57

27,866.23

33,718.01

Crown Solicitor's Office

70,668

10,415.53

4.618.60

44,330.34

35,925.77

Official Receiver

24,641

1.603.56

1,729.40

12,571.50

14.518.33

Land Office

48,604

3.228.43

3,861.66

24,890.28

26,590.55

Magistracy, Hong Kong...

2,274

256.21

186.14

1,232.31

1,256.50

Do., Kowloon

2,117

183.08

140.10

1,070.74

1,206.67

Police Force

3,075,359

183.233.27

227,607.40

1,715,041.21

1,933,897.57

Prisons Department..

942,910

65,335.18

63.599.82

520,959.09

520,485.84

Medical Department

1,628,764

114,801.48

108,268.60

856,197.83

895,335,04

Sanitary Department

1,033,504

94.393.74

69,001.09

574,250.59

563,436.61

Botanical and Forestry

Department

129,070

11,388.05

7,086.95

76,185.24

72,925.98

Education Department

2,046,096

114,751.25

Kowloon-Canton Railway..

959,025

68,394.35

121,606.02 75,923.77

1,177,615.29

1.185,960.98

588,216.72

566,204.34

Defence:

(a) Volunteer Defence

Corps

132,949

11.250.92

(b) Military

Contribu-

tion

6,366,567

Miscellaneous Services

1,452,481

487,032.08 53,359.16

Charitable Services ..

175,762

119,615.68

6,189.31

388.128.25 94,754.33 8,797.82

65,979.31

61,103.85

4,621,111.11 1,046,694.10 156,340.74

3,380,085.36

1,229,811.86

60,744.78

Charge on Account of

Public Debt

1,973,307

679,435.13

817.869.17

Pensions

1,708,000

112,847.89

117,414.25

930,926.68

1,061,962.05

Public Works Department.

2,335,114

200,021 91

Do., Recurrent...

1,521,800

167,323.98

197,739.35 128,631.51

1,470,429.55

1,582,838.90

1,019,214.34

800,670.53

31,808,116

Do., Extraordinary.

2,173,545

Expenditure from Surplus

balances

33,981,661

1,000,000

2,180,483.83 179,608.14

2,360,091.97

500,000.00

2,075,566.50 147,501.90

2,223,068.40

18,864,463.23

18,491,045.45

1,033,769.94

1,280,461.85

19,898,233.17 19,771,507.30

1,000,000.00

TOTAL.... $

34,981,661 2,860,091.97 2,223,068.40 20,898,233.17 19,771,507.30

EDWIN TAYLOR,

Treasurer.

932

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 25, 1932.

TREASURY

No. 748. Financial Statement for the month of August, 1932.

Excess of Assets over Liabilities on 31st July, 1932

Revenue from 1st to 31st August, 1932

Expenditure from 1st to 31st August, 1932..

REVENUE AND EXPENDITure.

$ 13,185,016.22

1,995,887.47

$ 15,180,903.69 2.860,091.97

Balance..

$ 12,320,811.72

Deposits :-

Assets and Liabilities on the 31st August, 1932.

LIABILITIES.

Advances

ASSETS?

Contractors

Deposits

and Officers

318,894.48

Suitors Fund

558,260.25

Miscellaneous Deposits

2,596,848.80

Miscellaneous

l'ostal Agencies

12,369.13

Building Loans

Suspense Account

1,283,141,06

Imprest Account

Exchange Adjustment

361,263.24

Subsidiary Coins........

Trade Loan Feserve

1,074 330.60

Praya East Reclamation

Coal Account

131,563.45

9,214.39

Total Liabilities

6,345,885.40

Excess of Assets over Liabi-

lities

12,320,811.72

House Service Account

Investments :-

Surplus Funds..

Trade Loan Outstanding

Unallocated Stores, (P.W.D.).....

Unallocated Stores, (K.C.R.).

Lorry Haulage Account

Cash :-

Treasurer

Crown Agents Joint Colonial Fund On Fixed Deposit

427,468.26

122,951.94

1,031,852 88

41,718.95

1,297,827.06

12,435.94

1,558,539.20

979,229.76

600,596.69

184,695.92

3,008.81

3,672,943.30 31,002.82

4,399,676.11

559,366,52

On account of Future Loan......

Purchase of three Locomo- tives for Chinese Section, Kowloon-Canton Railway.

3,743,382.96

TOTAL.........$

18,666,697.12

TOTAL..

18,666,697.12

* Joint Colonial Fund.....

£283,000 0s. Od.

21st November, 1932.

EDWIN TAYLOR,

Treasurer

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 25, 1932. 933

ASSESSOR'S OFFICE.

No. 749.-The following alterations in house numbers are hereby notified.

NEW NUMBERS.

OLD NUMBERS.

LOT

新門牌

舊門牌

NUMBERS.

KIMBERLEY ROAD.

今巴利道

From Nathan Road to Austin Road.

REMARKS.

SOUTH SIDE.

EVEN NUMBERS.

Here is Nathan Road.

K.I.L. 542.

In reserve.

2 to 二號至

二二號

Here is Carnarvon Road.

二四號

K.I.L. 540

Portion of.

Torres Building No. 1.

二六號

二八號

三十號

三二號

三四號

三六號

三八號

四十號

ง

223

42 to

四二至號

六二號

& K.I.L. 521

Here is Observatory Road.

{

In reserve.

六四號

六六號

六八號

七十號

七二號

K.I.L. 615.

Armend Building No. 1.

པོ

دو

་པ

ང་

From Nathan Road to Austin Road.

NORTH SIDE.

ODD NUMBERS.

1 to

號至

K.I.L. 535

In reserve.

一五號

Portion of.

一七號

Kimberley Villas, No. 1.

一九號

二一號

533.

二三號

པ

934 THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 25,1932.

NEW NUMBERS.

OLD NUMBERS.

Lot

REMARKS.

新門牌

舊門牌

NUMBERS.

KIMBERLEY ROAD,-Continued.

今巴利路

NORTH SIDE.

ODD NUMBERS.

Here is the Westerly approach path to Knutsford Terrace.

K.I.L. 671.

二五號

號

二七號

3 三號

多多

二九號

五號

三一號

七號

三三號

九號

三五號

-一號

三七號

.....

三九號

一五號

41 to

四一號至

四三號

In reserve.

Here is the Easterly approach path to Knutsford Terrace.

K.1.L.671.

In reserve.

43 to

四三號至

四九號

五一號

五三號

五五號

......

ง

五七號

五九號

六一號

六三號

A new house.

Luna Buildings, No. 1.

Here is Observatory Road.

365

65 top

六五號至

......

....

K.I.L.610.

In reserve.

六七號

七九號

八一號

444.

Glen Thorne.

Blue Funnel Club.

Here is Austin Avenue.

883

八三號

K.I.L. 172.

Amai Villas, No. 1.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 25,1932.

935

NEW NUMBERS.

OLD NUMBERS.

LOT

REMARKS.

新門牌

舊門牌

NUMBERS..

MODY ROAD.

麼地道

From Nathan Road to Chatham Road.

SOUTH SIDE.

EVEN NUMBERS.

Here is Nathan Road.

二號

K.I.L. 608 S.A.

四號

六號

八號

一零號

-零號

一二號

Here is Minden Row.

Empress Building.

二二號

一四號

K.I.L. 575 S.A.

Minden Villas. No. 5.

二四號

一六號

二六號

一八號

二八號

二零號

三零號

二二號

Here is Minden Avenue.

三二號

K.I.L.408.

New House.

三四號

三六號

......

三八號

359

25th November, 1932.

Here is Chatham Road.

EDWIN TAYLOR,

Treasurer and Assessor of Rates.

936 THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 25, 1932.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　No. 750. It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909-

Number

Marks.

Date of Registration.

Names and Addresses of Owners.

Period of Renewal.

Classes in

which renewed,

File Nos.

No. 32 of 1919.

21st November, 1918.

No. 37 of 1919.

20th November, 1918.

No. 99 of 1904.

22nd November, 1904.

24th November, 1932.

Morgan Crossley and Company, Limited, of Ducie Mills, Miles Platting, Manchester, England.

Asiatic Petroleum Company, (South China) Limited, of St. Helen's Court, Great St. Helens, London.

British Cigarette Company, Limited, of Hong Kong.

21st November, 1946.

284 of 1932.

20th November, 1946.

282 of 1932.

22nd November, 1946.

283 of 1932.

E. L. AGASSIZ,

Registrar of Trade Marks.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　No. 751.-It is hereby notified that the registration of the following trade marks has expired and that they will be removed from the Register of Trade Marks on the 26th December, 1932, unless the prescribed fees for renewal of registration are paid before that date:-

Number of Trade Marks.

Names and Addresses of Proprietors.

Date of Expiration of Registration.

File

Nos.

No. 57 of 1919.

No. 58 of 1919.

Electric and Ordnance Accessories Company, Limited, Ward End Works, Ward End, Birmingham, England.

Stanmore Preserving Company, Ltd., Bridge Road, Stanmore near Sydney, new South Wales,

Australia.

24th November, 1932.

19th November, 1932.

281

of 1932.

22nd November, 1932.

285 of 1932.

E. L. AGASSIZ, Registrar of Trade Marks.

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 25, 1932. 937

ROYAL OBSERVATORY

No. 752

Sunrise and Sunset in Hong Kong for December, 1932.

(STANDARD TIME OF THE 120TH MERIDIAN, EAST OF GREENWICH.)

DATE.

SUNRISE.

SUNSET.

DATE.

SUNRISE.

SUNSET.

December 1

6.47 a.m.

5.38 p.m.

December 17.....

6.56 a.m.

5.42 p.m.

୬

6.47

5.39

18...

6.57

5.42

3..

6.48

5.39

19.

6.57

5.43

4..

6.49

5.39

20.

6.58

5.43

6.49

5.39

21.

6.58

5.44

6.50

5.39

6.59

5.44

6.50

5.39

23.

6.59

5.45

6.51

5.39

7.00

5.45

,་

6.52

5.39

7.00

5.46

})

10.

| 6.52

5.40

26.

7.01

5.47

11.

6.53

5.40

7.01

5.47

,་

12.

6.53

5.40

28.

7.02

5.48

13..

6.54

5.40

29.

7.02

5.48

14...

6.55

5.41

30.

7.02

5.49

•

15...

6.55

5.41

7.03

5.49

16.

6.56

5.42

23rd November, 1932.

C. W. JEFFRIES,

Director.

PUBLIC WORKS DEPARTMENT.

Revision of List of Authorized Architects

　　　No. 753.-It is hereby notified for general information that, pursuant to Section 7 of the Public Health and Buildings Ordinance, No. 1 of 1903, the following names have been removed from the List of Authorized Architects on their ceasing to practise in the Colony :--

EDGAR WILLIAM CARPENTER.

HAROLD THOMAS CREASY.

GERALD DAVIDSON.

FREDERICK MUNFORD,

R. M. HENDERSON, Director of Public Works, Chairman, Authorized Architects

Consulting Committee.

25th November, 1932.

938

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 25, 1932.

No. 754.

PUBLIC WORKS DEPARTMENT.

List of all Authorized Architects under section 7 of the Public Health and Buildings Ordinance, 1903, Ordinance No. 1 of 1903, revised to 31st October, 1932 :-

ADAMS, JOSIAH LOGAN

Government Notification.

353 of 1923

ATKINS, VALENTINE JOHN...

667 of 1928

ATWELL, CHARLES SIMPSON

595 of 1929

BAKER, ROBERT

30 of 1910

BASTO, ANTONIO HERMENEGILDO

470 of 1922

BASTO, CARLOS HENRIQUE DE SENNA FERNANDES.

138 of 1918

BIRD, LENNOX GODFREY

630 of 1906

BLACKMORE, ERNEST WILFRID...

139 of 1922

BLAIR, LESLIE

BOND, GERALD HOLLINGSWORTH

526 of 1931

409 of 1928

BOTTOMLEY, JOHN HUBERT

367 of 1929

BOURNE, WALTER HARGREAVES......

388 of 1925

BRAMELD, THOMAS

69 of 1923

BUTTERFIELD, WILLIAM ARTHUR

145 of 1919

CHAU U NIN

312 of 1930

CHIU KWAN CHEE

583 of 1932

CLARK, JOHN CAER

386 of 1912

COLMAN, HUGH FREDERICK CHARLES

228 of 1932

CORNELL, WILLIAM ARTHUR

280 of 1912

DAVID, LUCIEN EMILE CAMILLE

654 of 1929

DURRSCHMIDT, HENRY CHARLES

ELLIS, SOMERS HOWE

FELSHOW, WILLIAM CHARLES GARTON, VIAIAN ARTHUR GIBSON, JAMES SMITH

GOLDSMITH, HENRY EDWARD GONELLA, UGO

GREY, GEORGE WILLIS

GUERINEAU, JEAN VICTOR......

178 of 1922

EASTERBROOK, FREDERICK JAMES

69 of 1923

405 of 1917

129 of 1930

589 of 1932

...

30 of 1928

158 of 1920

138 of 1918

600 of 1924

160 of 1926

HALL, GEORGE ALBERT VICTOR

668 of 1927

HALL, WILLIAM

416 of 1920

HAZELAND, ERNEST MANNING

122 of 1903

HENDERSON, RICHARD MCNEIL .......

158 of 1920

HEWLITT, ARTHUR GEORGE

182 of 1912

HIM SAU LUKE

IGGLESDEN, SIDNEY DIXON

IP HIN FONG

IU TAK CHUNG

344 of 1932

248 of 1929

239 of 1931

353 of 1923

LANE, ALFRED JAMES

354 of 1923

LEE LEMM PING

540 of 1931

LEE, RICHARD EDMUND

239 of 1931

LITTLE, ALEXANDER COLBOURNE

705 of 1909

LOGAN, MALCOLM HUNTER...

30 of 1910

LOWICK, HENRY CAPELL

139 of 1922

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 25, 1932. 939

LIST OF AUTHORIZED ARCHITECTS,-Continued.

MCINNES, IVOR

MACKICHAN, ALEXANDER SOMERLED...

MYLO, ARTHUR

...

NEWHOUSE, EDWARD

PATERSON, RALPH STANLEY WATSON

PEARCE, HENRY JOSEPH

PILE, ARTHUR GEORGE

POOLEY, HENRY

PUN IN TAT

RAVEN, ARTHUR ROBERT FENTON

RAVEN, OSCAR BOULBEE

RING. JULIUS

Ross, LESLIE OWEN

Government Notification.

152 of 1913

611 of 1932

721 of 1927

558 of 1922

211 of 1925

75 of 1922

397 of 1923

449 of 1929

4 of 1931 317 of 1905

343 of 1919

275 of 1923

ROBERTSON, COLIN BROWN

336 of 1924

472 of 1929

ROUSE, HAROLD STUART

561 of 1928

SAMPLE, EDMUND FREDRICK RONALD

543 of 1922

SAMY, ARTHUR POONOO

50 of 1905

SHANK, EDWARD DEAN

237 of 1922

SHAW, JOHN ARCHIBALD

104 of 1917

SIU HO MING

279 of 1924

TEBBUTT, HENRY JENSON

669 of 1930

THOM, WILLIAM......

2 of 1919

TICKLE, ARTHUR GEORGE WARNHAM

158 of 1920

VAN WYLICK, GABRIEL

690 of 1927

WAN SEUNG LUN

317 of 1924

WAY, HARRY

586 of 1924

WILSON, GEORGE LEOPOLD

266 of 1909

WONG CHEUK TONG ...

388 of 1932

WONG SIK LAM...

68 of 1924

WoNG TẠI CHO ...

103 of 1928

WOOD, GERALD GEORGE

34 of 1915

XAVIER, ISIDORE MICHAEL... XAVIER, MICHAEL ANTHONY YOUNG, CYRIL ROE MUSTON

57 of 1914

253 of 1923

515 of 1917

25th November, 1932.

R. M. HENDERSON,

Director of Public Works.

942

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

EXECUTIVE COUNCIL.

No. 755.

Hong Kong.

ORDINANCE No. 39 of 1931. (TOBACCO).

In exercise of the powers conferred by sections 3 and 5 of the Tobacco Ordinance, 1931, the Governor in Council makes the following amendments of and additions to the Regulations contained in the First Schedule to the said Ordinance :-

Amendment.

(1) In regulation 7 of the regulations contained in the First Schedule to the said Ordinance, under the heading "Drawbacks", the words "tobacco on which it has been shewn to the satisfaction of the Superintendent that the full duty has been paid' are substituted for the words "tobacco on which the full duty shall have been paid", in the third line thereof.

(2) The words "and the manner of its disposal" are added at the end of regulation 5 of the regulations contained in the First Schedule to the said Ordinance under the heading "Manufacturers licences".

Additions.

(1) The following regulations are added to the regulations contained in the First Schedule to the said Ordinance under the heading "Manufacturers licences" :-

9. Except with the written permission of the Superintendent no tobacco other than unmanufactured tobacco on which the full duty has been paid shall be brought into or kept on the licensed premises.

10. No goods other than tobacco and materials. necessary for its manufacture and packing shall be kept on the licensed premises.

(2) The following regulation is added to the regulations contained in the First Schedule to the said Ordinance under the heading "Retailers licences"

6. If a retailers licence is granted in respect of premises for which a manufacturers licence is 'granted,

then

(a) No goods other than tobacco shall be sold at or

kept on the licensed premises, and

(b) Before any tobacco is removed from the licensed premises in any quantity of or exceeding one catty by weight at any one time the licensee shall make in his Stock Book an entry showing the weight and description of such tobacco and the name and address of the person to whom the same is or is intended to be delivered.

D. W. TRATMAN,

Clerk of Councils.

COUNCIL CHAMBER,

25th November, 1932.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932. 943

No. 756.

Hong Kong.

ORDINANCE No. 39 of 1931. (TOBACCO).

In exercise of the powers conferred by sections 5 and 37 of the Tobacco Ordinance, 1931, the Governor in Council appoints the following form of permit and adds the same to the Second Schedule to the said Ordinance after Form No. 8:-

FORM NO. 8A.

EXPORT ON DRAWBACK PERMIT.

Tobacco Ordinance. 1931.

Sir.

I (We) declare that I (we) wish to move from our licensed premises at

on the

the hours of

day of

a.m. and

between

१

p.m. the duty paid

tobacco described below for export to

by the S.S.

The said tobacco is being consigned to

Drawback will be claimed in respect of the said tobacco.

Nature of tobacco.

Marks on cases, etc. and gross weight of each package or case.

Quantity in lbs.

Total

value.

944

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Date

Checked.

Applicant.

Address.

(Signature of employee or agent if the applicant is a body corporate or firm)

Revenue Officer.

Permission is hereby given to move the tobacco described above to the above-mentioned ship for export on condition that the said tobacco shall be immediately moved from the place named above to the above mentioned ship.

The grant of this permission must not be interpreted as implying that drawback will necessarily be allowed on the export of the said tobacco.

Superintendent of Imports and Exports.

Note If this permit is not made use of on the day for which it is issued ut must be returned within 24 hours to the office of the Superintendent of Imports and Exports.

The following certificate must be signed by a responsible officer of the exporting ship and this permit duly completed must be returned to the Superintendent of Imports and Exports within 48 hours after the tobacco has been placed on board the above exporting ship.

I hereby certify that packages or cases stated to contain tobacco and marked as above mentioned were received on board this ship for export at

(Signature of officer)

(Rank of officer)

(Name of ship)

m. on the

day of

COUNCIL CHAMBER,

25th November, 1932

D. W. TRATMAN,

Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

No. 757.

945

No. 758.

Hong Kong.

Order made by the Governor in Council on the 30th day of November, 1932, under Regulation No. 25 of the Emergency Regulations.

The Governor in Council orders the suppression, for a period of two weeks, of the printing and publication of the newspaper NaM CHUNG Po.

COUNCIL CHAMBER,

30th November, 1932.

D. W. TRATMAN,

Clerk of Councils.

LEGISLATIVE COUNCIL.

LEGISLATIVE

COUNCIL. No. 17.

Thursday, 10th November, 1932, at 2.30 p.m.

PRESENT:

HIS EXCELLENCY THE OFFICER ADMINISTERING THE GOVERNMENT (Hon. Mr. WILFRID THOMAS SOUTHORN, C.M.G.).

The Honourable the Colonial Secretary, (Mr. EDWIN RICHARD HALLIFAX, C.M.G., C.B.E.). the Attorney General, (Mr. CHALONER GRENVILLE ALABASTER. K.C.,

O.B.E.).

the Secretary for Chinese Affairs, (Mr. ALAN EUSTACE WOOD).

the Colonial Treasurer, (Mr. EDWIN TAYLOR).

Mr. EDWARD DUDLEY CORSCADEN WOLFE, C.M.G., (Inspector General

of Police).

Commander GEORGE FRANCIS HOLE, R.N. (Retired), (Harbour Master). Dr. ARTHUR ROBARTES WELLINGTON, (Director of Medical and Sanitary

Services).

Mr. RICHARD MCNEIL HENDERSON, (Acting Director of Public Works).

Sir HENRY EDWARD POLLOCK, Kt., K.C.

Mr. WILLIAM EDWARD LEONARD SHENTON.

Mr. ROBERT HORMUS KOTEWALL, C.M.G.. LL.D.

Mr. José PEDRO BRAGA.

Mr. JOHN JOHNSTONE PATERSON.

Mr. CHAU TSUN-NIN.

Mr. WILLIAM HENRY BELL.

Mr. ROLAND ARTHUR CHARLES NORTH, (Deputy Clerk of Councils).

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

No. 757.

945

No. 758.

Hong Kong.

Order made by the Governor in Council on the 30th day of November, 1932, under Regulation No. 25 of the Emergency Regulations.

The Governor in Council orders the suppression, for a period of two weeks, of the printing and publication of the newspaper NaM CHUNG Po.

COUNCIL CHAMBER,

30th November, 1932.

D. W. TRATMAN,

Clerk of Councils.

LEGISLATIVE COUNCIL.

LEGISLATIVE

COUNCIL. No. 17.

Thursday, 10th November, 1932, at 2.30 p.m.

PRESENT:

HIS EXCELLENCY THE OFFICER ADMINISTERING THE GOVERNMENT (Hon. Mr. WILFRID THOMAS SOUTHORN, C.M.G.).

The Honourable the Colonial Secretary, (Mr. EDWIN RICHARD HALLIFAX, C.M.G., C.B.E.). the Attorney General, (Mr. CHALONER GRENVILLE ALABASTER. K.C.,

O.B.E.).

the Secretary for Chinese Affairs, (Mr. ALAN EUSTACE WOOD).

the Colonial Treasurer, (Mr. EDWIN TAYLOR).

Mr. EDWARD DUDLEY CORSCADEN WOLFE, C.M.G., (Inspector General

of Police).

Commander GEORGE FRANCIS HOLE, R.N. (Retired), (Harbour Master). Dr. ARTHUR ROBARTES WELLINGTON, (Director of Medical and Sanitary

Services).

Mr. RICHARD MCNEIL HENDERSON, (Acting Director of Public Works).

Sir HENRY EDWARD POLLOCK, Kt., K.C.

Mr. WILLIAM EDWARD LEONARD SHENTON.

Mr. ROBERT HORMUS KOTEWALL, C.M.G.. LL.D.

Mr. José PEDRO BRAGA.

Mr. JOHN JOHNSTONE PATERSON.

Mr. CHAU TSUN-NIN.

Mr. WILLIAM HENRY BELL.

Mr. ROLAND ARTHUR CHARLES NORTH, (Deputy Clerk of Councils).

946

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

ABSENT:

His Excellency the General Officer Commanding the Troops, (Major-General JAMES

WALTER SANDILANDS, C.B., C.M.G., D.S.O.).

The Honourable Mr. Ts'o SEEN-WAN, O.B.E., LL.D.

1. The Council met pursuant to adjournment. His Excellency the Officer Adminis-

tering the Government occupied the Chair.

MINUTES.

2. The Minutes of the Meeting held on the 27th October, 1932, were confirmed.

PAPERS.

3. The following papers were laid on the table :-

Rescission and substitution of rule 9 of the rules made by the Governor in Council under section 6 of the New Territories Regulation Ordinance, 1910, Ordinance No. 34 of 1910, dated 21st October, 1932.

Rescission and substitution of the Regulations made by the Governor in Council under section of the Dangerous Goods Ordinance, 1873, Ordinance No. 1 of 1873, dated 21st October, 1932.

Order made by the Governor in Council under the Public Health and Build- ings Ordinance, 1903, Ordinance No. 1 of 1903, dated 24th October, 1932.

Order made by the Governor in Council under section 2 of the Emergency Regulations Ordinance, 1922, Ordinance No. 5 of 1922, dated 24th October, 1932.

Rescission and substitution of Regulation 7 made by the Governor in Council under section 23 of the Waterworks Ordinance, 1903, Ordinance No. 16

of 1903, dated 24th October, 1932.

Amendments of the Regulations made by the Governor in Council under section 14 of the Merchandise Marks Ordinance, 1890, Ordinance No. 4 of 1890, dated 24th October, 1932.

Rescission and substitution of Appendices A and B to the rules made by the Governor in Council under section 36 of the Tramway Ordinance, 1902, Ordinance No. 10 of 1902, dated 27th October, 1932.

Rescission of the Order made by the Governor in Council on 7th July, 1932, under the Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, dated 26th October, 1932.

Rescission of the Order made by the Governor in Council on 2nd September, 1932, under the Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, dated 23th October, 1932.

Amendments of the Regulations made by the Governor in Council under sec- tion 4 of the Nurses Registration Ordinance, 193F, Ordinance No. 1 of 1931, dated 1st November, 1932.

The Air Navigation Directions (Hong Kong), 1932.

Rescission of exemptions granted under regulation 16 of the Places of Public Entertainment Regulation Ordinance, 1919, Ordinance No. 22 of 1919, dated 21st October, 1932.

MOTIONS.

4. The Attorney General moved :---

That the rules dated the 15th day of October, 1932, made by the Chief Justice under section 114 of the Bankruptcy Ordinance, 1931, be approved.

The Colonial Secretary seconded.

Question-put and agreed to.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

5. The Attorney General moved :-

947

That the scale of fees and percentages dated the 15th day of October, 1932, prescribed by the Chief Justice under section 115 of the Bankruptcy Ordinance, 1931, be approved.

The Colonial Secretary seconded.

Question-put and agreed to.

6. Opium Amendment Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to amend the Opium Ordinance, 1932."

The Colonial Secretary seconded.

Question--put and agreed to.

Bill read a first time.

7. Police Force Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to consolidate and amend the law relating to the establishment and regulation of the Police Force."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

8. Prisons Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to consolidate and amend the law relating to Prisons."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

9. Companies Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to consolidate and ameud the law relating to Companies."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

The Attorney General moved the suspension of so much of Standing Order No. 27 as required the Bill to be considered by clauses and that thereafter the Bill be considered, first by the two introductory sections, then by each of the fifteen parts, then by each of the ten schedules and finally by its enacting clause and title.

The Colonial Secretary seconded.

Question-put and agreed to.

Council in Committee on the Bill.

In section 37 (3) the words "five thousand dollars" were substituted for "five

hundred pounds".

In section 44 sub-sections 1, 2 and 3 the words "eight weeks were substituted

for "six weeks".

In penultimate line of section 151 the words "forty-five" were substituted for

'forty-four".

In section 107 (1) the words "on the 14th day after the "

on the 14th day after the" were deleted and the words "on the day of the" were substituted.

In penultimate line of section 248 the words "that section

the words "those sections".

were substituted for

948

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2. 1932.

In section 251 (4) the words "and in the case

were deleted.

general rules"

the

In section 277 (7) after the words "director or officer of the company

words", or, if there is no director or officer of the

爷爷

company were inserted.

In section 233 the words "Part VI" were inserted above the words "Receivers

and Managers" as a heading.

In the title of Part VIII the words "Ordinance.

Ordinance" and "Ordinances were subs- tituted for "Act" and "Acts" also the word "Ordinance" was substituted for the word "Order" in the marginal notes.

In section 313 (1) (e) (i) the words "(i) If a creditor by assignment or other was substituted for the words "(i) If the company is dissolved or has".

In section 350 (4) the words "Hong Kong or "

Hong Kong or" were inserted before the word "Shanghai ".

In section 352 (3) the words "in Hong Kong currency were added after the

words "shall be paid ".

In Table D. the words "two hundred dollars were substituted for

pounds ".

((

twenty

In footnote at bottom of page 171 the word "Ordinance was substituted for

"Act".

In the Sixth Schedule the words "the fourteenth day after" were deleted. On Council resuming, the Attorney General reported that the Bill had passed through Committee with amendment and that in accordance with Standing Order No. 28 the third reading should be postponed to a subsequent meeting of Council.

ADJOURNMENT.

10. The Council then adjourned sine die.

Confirmed this 1st day of December, 1932.

R. A. C. NORTII,

Deputy Clerk of Councils.

W. PEEL,

Governor

　　　　No. 759.-Пlis Excellency the Officer Administering the Government has given his assent, in the name and on behalf of His Majesty the KING, to the following Ordi- nances passed by the Legislative Council :---

Ordinance No. 36 of 1932.-An Ordinance to amend the Opium Ordinance,

1932.

Ordinance No. 37 of 1932.-An Ordinance to consolidate and amend the law relating to the establishment and regulation of the police force.

Ordinance No. 38 of 1932.-An Ordinance to consolidate and amend the law

relating to Prisons.

Ordinance No. 39 of 1932. An Ordinance to consolidate and amend the law

relating to Companies.

948

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2. 1932.

In section 251 (4) the words "and in the case

were deleted.

general rules"

the

In section 277 (7) after the words "director or officer of the company

words", or, if there is no director or officer of the

爷爷

company were inserted.

In section 233 the words "Part VI" were inserted above the words "Receivers

and Managers" as a heading.

In the title of Part VIII the words "Ordinance.

Ordinance" and "Ordinances were subs- tituted for "Act" and "Acts" also the word "Ordinance" was substituted for the word "Order" in the marginal notes.

In section 313 (1) (e) (i) the words "(i) If a creditor by assignment or other was substituted for the words "(i) If the company is dissolved or has".

In section 350 (4) the words "Hong Kong or "

Hong Kong or" were inserted before the word "Shanghai ".

In section 352 (3) the words "in Hong Kong currency were added after the

words "shall be paid ".

In Table D. the words "two hundred dollars were substituted for

pounds ".

((

twenty

In footnote at bottom of page 171 the word "Ordinance was substituted for

"Act".

ADJOURNMENT.

10. The Council then adjourned sine die.

Confirmed this 1st day of December, 1932.

R. A. C. NORTII,

Deputy Clerk of Councils.

W. PEEL,

Governor

Ordinance No. 36 of 1932.-An Ordinance to amend the Opium Ordinance,

1932.

Ordinance No. 37 of 1932.-An Ordinance to consolidate and amend the law relating to the establishment and regulation of the police force.

Ordinance No. 38 of 1932.-An Ordinance to consolidate and amend the law

relating to Prisons.

Ordinance No. 39 of 1932. An Ordinance to consolidate and amend the law

relating to Companies.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

949

HONG KONG.

No. 36 OF 1932.

I assent.

W. PEEL,

L.S.

Governor

2nd December; 1932.

An Ordinance to amend the Opium Ordinance, 1932.

[2nd December, 1932.]

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:--

1. This Ordinance may be cited as the Opium Amend- Short title. ment Ordinance, 1932.

2. Section 10 of the Opium Ordinance, 1932, is amended Amendment by the addition of the following proviso at the end thereof :-

"Provided that such power of appointment is to be exercised only where local circumstances make the establish- ment of Government opium shops difficult."

3. Sub-section (2) of section 13 of the Opium Ordin- ance, 1932, is amended by the deletion of the words passenger holding a permit under section 20."

"or a

of Ordinance No. 7 of 1932, s. 10.

Amendment No. 7 of

of Ordinance

1932, s. 13.

4. The following sub-section is added at the end of Amendment

section 13 of the Opium Ordinance, 1932:-

(3) No prepared opium or opium dross shall be sold or purchased otherwise than for cash.

of Ordinance No. 7 of 1932, s. 13.

5. The proviso to section 20 of the Opium Ordinance, Amendment 1952, is repealed.

6. Section 22 of the Opium Ordinance, 1932, is amended by the deletion of the words "other than the prepared opium specified in the proviso to section 20,'

وو

Passed the Legislative Council of Hong Kong, this 1st day of December, 1932.

of Ordinance No. 7 of 1932, s. 20.

Amendment No. 7 of

of Ordinance

1932. s. 22.

R. A. C. NORTH,

Deputy Clerk of Councils,

950

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

HONG KONG.

No. 37 or 1932.

I assent.

W. PEEL,

L.S.

Governor.

Short title.

Interpreta- tion.

Constitution

of force

and civilian staff.

2nd December, 1932.

An Ordinance to consolidate and amend the law relating to.

the establishment and regulation of the Police Force.

[2nd December, 1932.]

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Police Force Ordinance, 1932.

2. In this Ordinance,

(a) "Civilian staff" includes every clerk, police inter- preter, telephone operator, coxswain, seaman, boatian, engineer, mechanic, stoker and every person, other than a member of the police force, who is employed in the service of the police department.

(b) "Member of a crew" includes every coxswain, sea- man, boatman, engineer, mechanic and stoker employed in the service of the police department.

(c) "Officer of police" or "member of the force" includes every constable and every other member of the police force above the rank of constable.

d) "Pension" includes any allowance in the nature of a pension, or any gratuity on retirement.

(e) "Subordinate officer" means every member of the police force above the rank of constable, except the Inspector General of Police, Deputy Inspector General of Police, Divi- sional Superintendents, Superintendents, Assistant Superin- tendents and Probationers.

Constitution of the Force.

3.-(1) The Police Force shall consist of an Inspector General of Police, a Deputy Inspector General of Police, and such Divisional Superintendents, Superintendents, Assistant Superintendents, Probationers, subordinate officers and con- stables as may be provided for by the Governor and Legislative Council by annual vote or otherwise.

(2) The Governor may also authorise the engagement for the service of the Police Department of such clerks, police interpreters, telephone operators, coxswains, seamen, boat- men, engineers, mechanics, stokers and other employees as may be provided for by the Governor and Legislative Council by annual vote or otherwise.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

4. The force and civilian staff shall be under the control Control of

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　force and of the Inspector General and the members thereof shall obey civilian all such lawful commands as they may receive from the In- staff. spector General

Regulation of the Force.

declaration.

5. Every person before appointment as a subordinate Oath or officer or constable or police interpreter or telephone operator or member of a crew shall take the oath or make the declara- tion in the Schedule.

Schedule.

engagement.

6. (1) Every subordinate officer, constable, police inter- Period of preter, telephone operator and member of a crew shall engage and bind himself to serve for a term of not less than three months and of not more than five years, as may be directed by the Inspector General, during which term he shall not be at liberty to resign his office or to withdraw himself from the duties thereof, except as is hereinafter provided.

(2) Such period of engagement may include a probation- ary period, which shall not exceed six months, and should the person thus engaged be found during his probationary period to be unsatisfactory, the Inspector General may at any time during such probationary period terminate the engagement.

(3) No person whose period of engagement is terminated under sub-section (2) shall be entitled to any pay or compensa- tion other than the pay earned up to the time when the engagement was terminated.

retirement

7. It shall be lawful for the Governor in Council to Compulsory require any subordinate officer, constable, police interpreter, reti telephone operator or member of a crew, whenever appointed, inefficiency to retire from the public service of the Colony who

(a) appears to the Governor to be unable to discharge

efficiently the duties of his office; or

(b) has attained the age of fifty-five years.

or age.

which

8. Any subordinate officer, constable, police interpreter, Terms on telephone operator or member of a crew shall be entitled to discharge claim his discharge at any time on his giving to the Inspector may be General three months notice of his wish to withdraw and claimed. paying a sum equivalent to two months pay of the rank or office he may hold at the time of his giving notice of with- drawal for each unexpired year of his term of appointment: Provided always that it shall be lawful for the Governor to remit the whole or any part of the said sum: Provided also

that it shall be lawful for the Governor to direct the In- spector General in any case to accept a shorter notice than three months.

pensions

of force.

9.--(1) It shall be lawful for the Governor in Council Provisions to make regulations for the granting of pensions to members as to of the force, or in respect of service in the force, and to for members determine in special cases, where the regulations appear to the Governor in Council to be inapplicable or to require modi- fication, the amount (if any) of the pension, the terms on which it shall be granted and the manner in which it shall be paid.

(2) Pensions granted under this Ordinance shall be paid out of the general revenue of the Colony.

951

952

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Pensions of Inspector General etc., and civilian staff.

Ordinance No. 21 of 1932,

Revocation of pension.

Regulations.

10. The Inspector General, Deputy Inspector General, Divisional Superintendents, Superintendents, Assistant Super- intendents, Probationers and the members of the civilian staff, including any members of the civilian staff who may before the 21st day of December, 1923, have been sworn in as constables or as sergeant interpreters, shall, as regards pen- sions, be subject to the provisions of the Pensions Ordinance, 1932, and of any regulations made thereunder, and not to the provisions of the Police Pension Regulations: Provided that this section shall not affect any person who shall have ceased to be a member of the civilian staff before the 21st day of December, 1923.

11. If, within three years after the granting of a pension under this Ordinance to any member of the force, it is proved, to the satisfaction of the Governor in Council, that the person to whom such pension has been granted had been guilty of any corrupt practices in the execution of his office, either by receiving bribes, or by inducing or compelling payment, directly or indirectly, of any valuable consideration to himself or to any other person by way of a bribe, or by otherwise acting corruptly in the execution of or under colour of his office as a member of the force, then in every such case it shall be lawful for the Governor in Council to revoke and annul the grant of such pension or to make such reduction therein as to the Governor in Council may appear fit.

12.) Subject to the provisions of section 9, it shall be lawful for the Inspector General to make such regulations as he may consider necessary for :-

(a) the general government and discipline of the force;

(b) regulating the internal economy of the force;

(c) carrying out the daily routine of the force; and (d) prescribing the conditions under which leave and passages will be granted to subordinate officers and constables and members of the civilian staff.

(2) All regulations made under this section shall be pub- lished by the Inspector General in the form of Police General Orders and shall come into effect on the date of such publica- tion, unless some other date be specified in any such order.

(3) It shall not be necessary to publish in the Gazette any regulations made under this section.

(4) All regulations made under this section shall be cir- culated to the members of the Executive Council, and it shall be lawful for the Governor in Council to rescind or amend in any manner any such regulation. Any such rescission or amendment shall be published in the same manner as the regulation rescinded or amended was published, and the regu- lation shall be deemed to be rescinded or amended, as the case may be, as from and including the date of the publication of the rescission or amendment, unless some other date is speci- fied in such publication.

(5) In any proceedings, any regulation made under this section may be proved by the production of a copy of the Police General Orders in which such regulation was published, certified under the hand of the Inspector General, Deputy

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932. 953

Inspector General or a Divisional Superintendent, and upon the production of any such certified copy it shall, until the contrary be proved, be presumed that such regulation was duly made and was not disallowed.

etc., on

13.--(1) Whenever any subordinate officer or constable Delivery resigns the service or ceases to hold and exercise his office, all up of arms, power and authority vested in him by virtue thereof shall ceasing to forthwith cease and determine to all intents and purposes what- hold office. soever; and every such officer or constable, and every member of a crew, upon ceasing to hold and exercise his office, shall deliver over all and every the arms, ammunition, accoutre- ments and other appointments whatsoever which may have been supplied to him in such capacity to such person and at such time and place as may be appointed by the Inspector General.

(2) It shall be lawful for any justice of the peace to issue his warrant to search for and seize such arms, ammunition, accoutrements and other appointments which are not so de- livered over, wherever the same may be found.

breach of

conviction

magistrate.

14. Every subordinate officer (not above the rank of Penalty for sub-inspector) or constable or member of a crew who is guilty discipline, of any refusal or neglect of duty or insubordination or breach etc., on of discipline or misconduct, or who is guilty of any contraven- before a tion of any of the provisions of this Ordinance or of any re- gulation or departmental order made thereunder, shall, with- out prejudice to dismissal under section 16, or to any reduction in rank or class under section 15, be liable upon summary con- viction to a fine not exceeding two hundred and fifty dollars and to imprisonment for any term not exceeding six months, and shall, if any term of imprisonment be imposed, forfeit all pay during his imprisonment.

powers.

15. (1) If any subordinate officer (not above the rank Disciplinary of sub-inspector) or constable or member of a crew is guilty. of any refusal or neglect of duty or insubordination or breach of discipline or misconduct, or is guilty of any contravention of any of the provisions of this Ordinance or of any regula- tion or departmental order made thereunder, it shall be lawful for the Inspector General, Deputy Inspector General or any Divisional Superintendent to inflict any or all of the following punishments:

(a) reduction in rank or class;

(b) a fine not exceeding twenty-five dollars;

(d) loss of pay during any period of absence from duty

(2) If any subordinate officer (not above the rank of sub-inspector) or constable or member of a crew is guilty. of any refusal or neglect of duty or insubordination or breach of discipline or misconduct, or is guilty of any contravention of any of the provisions of this Ordinance or of any regulation or departmental order made thereunder, it shall be lawful for any Superintendent or Assistant Superintendent to inflict either or both of the following punishments :--- (a) a fine not exceeding five dollars;

(b) drills, not exceeding five in number.

(3) If any member of the civilian staff is guilty of any refusal or neglect of duty or insubordination or breach of

954

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Dismissal

Power to grant rewards,

badges and medals for

discipline or misconduct, or is guilty of any contravention of any of the provisions of this Ordinance or of any regulation or departmental order made thereunder, it shall be lawful for the Inspector General, Deputy Inspector General or any Divisional Superintendent to inflict either or both of the following punish-

ments:

(a) a fine not exceeding twenty-five dollars;

(b) loss of pay during any period of absence from duty.

(4) No drill ordered under this section shall exceed one hour in duration.

(5) All fines inflicted under this section shall be paid into the Treasury as the Inspector General may direct, and shall be applied to such purposes in connexion with the force as the Governor may direct either by general instruction or by a special order in any particular case.

(6) In lieu of inflicting any of the punishments authorised by this section, it shall be lawful for the Inspector General or (as the case may be) the Deputy Inspector General, or a Divisional Superintendent, Superintendent or Assistant Super- intendent to caution or reprimand or severely reprimand the defaulter.

16. It shall be lawful for the Governor, on the repre- sentation of the Inspector General, to dismiss any subordinate officer or constable or member of the civilian staff for any refusal or neglect of duty or insubordination or breach of discipline or misconduct, or for any contravention of any of the provisions of this Ordinance or of any regulation or de- partmental order made thereunder, whether any action in res- pect of the matter in question shall or shall not have been taken unde" section 14 or section 15.

17.) It shall be lawful for the Governor to grant rewards to any members of the force, members of a crew or police interpreters, who may distinguish themselves by extra- extraordinary ordinary diligence, zeal or exertion in the execution of their services, etc. duties, and the Inspector General shall report to the Governor any such member of the force, member of a crew or police interpreter who may so distinguish himself, stating the nature of the service.

Arrest, detention and bail of suspected persons and seizure of suspected documents.

(2) The Governor shall have power to grant distinctive badges or medals to members of the force or members of a crew for long and faithful or extraordinary services, and to withdraw the saine if the recipient is subsequently guilty of misconduct.

Miscellaneous.

18.--(1) It shall be lawful for any officer of police to apprehend any person who may be charged with, or whom he may reasonably suspect of being guilty of, any offence without any warrant for that purpose, and whether he has seen such offence committed or not, and also any person whom he may reasonably suspect of being liable to deportation from the Colony.

(2) Every person taken into custody by an officer of police with or without a warrant, except a person detained for the mere purpose of taking his name and residence, shall be forthwith delivered into the custody of the officer in charge of a police station.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

c. 58, s. 22.

(3) Whenever any person apprehended with or without 4 & 5 Geo. 5, a warrant is brought to the officer in charge of any police station, it shall be lawful for such officer to inquire into the case and, unless the offence appears to such officer to be of a serious nature, or unless such person appears to such officer to be a person who ought to be detained, to discharge the person upon his entering into a recognizance, with or without sureties, for a reasonable amount, to appear before a magistrate, or to surrender for service of a warrant of arrest and detention or for discharge at the time and place named in the recogniz- ance; but where such person is detained in custody he shall be brought before a magistrate as soon as practicable, unless within forty-eight hours of his apprehension a warrant for his arrest and detention under any Ordinance relating to Deporta- tion is applied for, in which case he may be detained for a period not exceeding seventy-two hours from the time of such apprehension. Every recognizance so taken shall be of equal obligation on the parties entering into the same, and shall be liable to the same proceedings of estreating thereof, as if the same had been taken before a magistrate.

(4) The respective names, residences and occupations of the person so apprehended and of his surety or sureties, if any, entering into such recognizance, together with the condi- tion thereof and the sums respectively acknowledged, shall be entered in a book to be kept for that purpose, which shall be laid before the magistrate before whom the person apprehend- ed is to appear, or, in the case of a person bound by recogniz- ance to surrender for service of a warrant of arrest and detention or for discharge, before any magistrate; and if such person does not appear or has not appeared when called upon at the time and place mentioned in the recognizance, the magistrate shall forthwith estreat the recognizance: Provided that, if the person apprehended appears and makes application for a postponement of the hearing of the charge against him, the magistrate may enlarge the recognizance to such further time as he may think proper, and when the matter has been heard and determined such recognizance shall be discharged without fee or reward.

c. 86, s. 45.

(5) If, on a person being taken into custody as aforesaid, 15&16 Geo. 5, it appears to the officer in charge of the police station that the inquiry into the case cannot be completed forthwith, he may discharge the said person on his entering into a recognizance, with or without sureties, for a reasonable amount, to appear at such police station and at such time as is named in the recognizance, unless he previously receives a notice in writing from the officer in charge of the police station that his attend- ance is not required; and any such recognizance may be en- forced as if it were a recognizance for the appearance of the said person before a magistrate.

(6) Where any person is apprehended by an officer of police it shall be lawful for such officer to search for and take possession of any newspaper, book or other document or any portion or extract therefrom, and any other article or chattel, which may be found on his person or in or about the place at which he has been apprehended and which the said officer may reasonably suspect of throwing light on the character or activi- ties of such person or his associates: Provided that nothing in this sub-section shall be construed in diminution of the powers of search conferred by any particular warrant.

955

956

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Power of

arrest.

15&16 Geo. 5, c. 86, s. 44.

Search, arrest and detention.

Power to stop, search, and detain vessel, etc., or person suspected of conveying stolen property.

2 & 3 Vict. c. 47, s. 66.

Power to detain

person, etc., removing furniture

(7) Whenever it appears to a magistrate upon the oath of any person that there is reasonable cause to suspect that there is in any building, vessel (not being a ship of war or a ship having the status of a ship of war) or place any newspaper, book or other document, or any portion or extract therefrom, or any other article or chattel, which may throw light on the character or activities of any person liable to apprehension under this section or on the character or activities of the asso- ciates of any such person, such magistrate may by warrant directed to any officer of police empower him with such assist- ants as may be necessary, by day or by night :-

(a) to enter and if necessary to break into or forcibly enter such building, vessel or place, and to search for and take possession of any such newspaper, book or other document, or portion of or extract therefrom, or any such other article or chattel which may be found there; and

(b) to arrest any person who may appear to have such newspaper, book or other document, or portion thereof or extract therefrom, or other article or chattel in his possession or under his control.

19. Any warrant lawfully issued for apprehending any person for any purpose may be executed by any officer of police at any time notwithstanding that the warrant is not in his possession at the time, but the warrant shall, on the de- mand of the person apprehended, be shown to him as soon as practicable after his arrest.

20. It shall be lawful for any officer of police to stop and search, and if necessary to arrest and detain for further in- quiries, any person whom he may find in any street or other public place, or on board any vessel, or in any conveyance, at any hour of the day or night, who acts in a suspicious manner, or whom he may suspect of having committed, or of being about to commit, or of intending to commit, any offence.

21. It shall be lawful for any officer of police to stop, search and detain any vessel, boat, vehicle, horse or other animal or thing in or upon which there is reason to suspect that anything stolen or unlawfully obtained may be found, and also any person who may be reasonably suspected of having or conveying in any manner anything stolen or unlaw- fully obtained; and any person to whom any property is offered to be sold or delivered, if he has reasonable cause to suspect that any such offence has been committed with respect to such property, or that the same or any part thereof has been stolen or otherwise unlawfully obtained, is hereby authorised, and, if it is in his power, is required, to apprehend and detain such offender, and as soon as may be to deliver him into the custody of an officer of police, together with such property, to be dealt with according to law.

22. It shall be lawful for any officer of police to stop and detain, until due inquiry can be made, any person whom, and any horse, vehicle or other animal or thing which, he finds employed in removing the furniture of any house or lodging, between 8 p.m. and 6 a.m., or whenever such officer has 2 & 3 Vict, good grounds for believing that such removal is made for the

purpose of evading the payment of rent.

in night-

time, etc.

c. 47, s. 67.

Detention

and sale of horse,

cart, etc., of person

apprehended.

2 & 3 Vict.

c. 47, s. 68.

23.-(1) When any person having charge of any horse, vehicle, boat or any other animal or thing is taken into the custody of an officer of police under this Ordinance, it shall be lawful for any such officer to take charge of such horse,

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2. 1932. 957

vehicle or boat, or such other animal or thing, and to deposit the same in some place of safe custody as a security for pay- ment of any penalty to which the person having had charge thereof may become liable, and of any expenses necessarily incurred for taking charge of and keeping the same.

(2) It shall be lawful for the magistrate before whom the case is heard to order such horse, vehicle or boat, or such other animal or thing, to be sold for the purpose of satisfying such penalty and reasonable expenses, in default of payment. thereof, in like manner as if the same had been subject to be distrained, and had been distrained, for the payment thereof.

ariest D

offences

24. Notwithstanding any provision of any enactment Power of relating to Public Health or Sanitation which limits the power case of to institute summary proceedings in certain cases, it shall be certain lawful for any officer of police to institute summary against proceedings before a magistrate against any person contraven- sanitation. ing any such provision of any such enactment as regulates the sale of foodstuffs clsewhere than in public markets: Provided that nothing in this section shall be deemed to authorise the arrest of any offender unless the contravention is committed in a highway or other public place.

25. It shall be lawful for any officer of police to take the Finger photograph, finger prints, weight and measurements :-

(1) of any person who has been arrested under the powers conferred by this or any other Ordinance; and

(2) of any person who has been convicted of any offence: Provided that when any such person, who has not previously been convicted of any offence, shall have been photographed and measured, if he be discharged by a magistrate or acquitted upon his trial, all photographs (both negatives and copies). finger print impressions and records of weight or measurement so taken shall be forthwith destroyed or handed over to such

person.

prints, photographs,

etc.

officer

of police

of warrant.

26. In case any action is brought against any officer of Protection police for any act done in obedience to the warrant of any of inagistrate, such officer shall not be responsible for any acting in irregularity in the issuing of the warrant or for any want of execution. jurisdiction in the magistrate issuing the same, and he may plead the general issue and give such warrant in evidence: and, on production of the warrant and proof that the signature thereto is the handwriting of a person reputed to be a magistrate and that the act was done in obedience to the warrant, the jury or court shall find a verdict or give judgment. for the defendant, who shall also recover double his costs of suit.

27. Every keeper of any place for the sale of liquors Penalty on whether spirituous or not, who knowingly harbours or enter- etc., har

victualler. tains any officer of police, or permits him to remain in bouring such place, while on duty, shall upon summary conviction be police while liable to a fine not exceeding two hundred and fifty dollars. on duty.

officer of

28. Every person who assaults or resists any officer of Penalty police or any member of a crew acting in the execution of on person his duty, or aids or incites any person so to assault or resist, etc., member

assaulting, or refuses to assist any such officer or member of a crew in the execution of his duty when called upon to do so, or who, by the giving of false information with intent to defeat or delay the ends of justice, wilfully misleads or attempts to mislead misleading

of force acting in

or crew

execution

of duty, or

officer by false information.

958

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Special duty and expenses thereof.

Ordinance No. 6 of 1875.

Construction

of Ordin- ance, etc., where expression "Captain Super-

intendent of Police"

occurs.

Repeal of Ordinances No. 11 of

1900. No. 18

of 1929. No. 20 of

1930. No. 23

of 1931 and No. 2 of 1932.

Commence-

ment.

any such officer, shall upon summary conviction be liable to a fine not exceeding two hundred and fifty dollars and to imprisonment for any term not exceeding six months.

29.-(1) On the application of any person the Inspector General may, if he thinks fit, detail any officer or officers of police to do special police duty in, upon or about any premises or business or vessel specified by the applicant.

(2) The applicant shall pay to the Inspector General for the services of any officer or officers so detailed such fees as the Inspector General may think fit.

(3) All fees so received by the Inspector General shall be paid by him into the Treasury forthwith and be accounted for imonthly; and every sum of money due for such services shall be deemed a debt due to the Crown and shall be recoverable by the Treasurer, in like manner as other Crown debts in respect of fees and otherwise, under the Crown Remedies Ordinance, 1875.

30. Wherever in any Ordinance, Order of the Governor in Council, Order of the Governor, rule, regulation, minute, by-law, deed, contract, official letter or other document the expression "Captain Superintendent of Police" occurs, and, in order to give effect thereto, it is necessary to substitute the expression "Inspector General of Police", such Ordinance or other document shall be read and construed accordingly.

31. The Police Force Ordinance, 1900, the Police Force Amendment Ordinance, 1929, the Police Force Amendment Ordinance, 1950, the Police Force Amendment Ordinance, 1931, and the Police Force Amendment Ordinance, 1932, are repealed

32. This Ordinance shall come into force on the 1st day of January, 1933.

Passed the Legislative Council of Hong Kong, this 1st day of December, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932. 959

SCHEDULE.

[s. 5.]

Oath.

I swear by Almighty God that I will well and faithfully serve His Majesty and is Heirs and Successors according to law for the term of

as (a)

and will obey all orders of His Majesty and His Heirs and Successors and of all magistrates and officers set over me.

Witness.

Candidate.

Sworn before me, at Victoria, Hong Kong, this...

day of

19..........

Magistrate.

(a) Here insert "officer of the police force of Hong Kong", or "police interpreter", or "coxswain in the police department", or as the case may be.

DECLARATION.

do solemnly sincerely and truly declare and affirm that I will well and faithfully serve His Majesty and His Heirs and Successors according to law for the term of

as (a)

and will obey all orders of His Majesty and His IIeirs and Successors and of all magistrates and officers set over me.

Witness

Candidate.

Declared before me, at Victoria, Hong Kong, this.....

day of.......

19.......

Magistrate.

(a) Here insert "officer of the police force of Hong Kong", or "police interpreter", or "coxswain in the police department", or as the case may be.

960

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

HONG KONG.

No. 38 of 1932.

I assent.

L.S.

W. PEEL,

Governor.

2nd December, 1932.

An Ordinance to consolidate and amend the law relating to

Prisons.

2nd December, 1932.]

Short title.

Ordering of certain matters in relation to prisons.

Victoria Gaol, etc., to be

prisons.

Commitment and removal

of prisoners.

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Prisons Ordinance, 1932.

2. The Governor may make orders for any of the following purposes :---

(1) to set apart any place or building or portion of a building for the purpose of a prison;

(2) to discontinue the use of any prison and appropriate. the site and buildings thereof to any other lawful purpose;

(3) to appoint fit persons to be respectively super- intendents of prisons, assistant superintendents, chaplains, medical officers and such subordinate officers for the service of prisons as the Governor may think necessary, and to remove such persons from their offices.

3. The sites and buildings and prisons known as Victoria Gaol, Lai Chi Kok Prison and the Female Prison respectively, and also that part of the Government Civil Hospital known as the Prison Ward, shall be prisons duly set apart under section 2.

4. (1) A prisoner sentenced to imprisonment or committed to prison on remand pending trial or otherwise 4 & 5 Geo. 5, may be lawfully confined in any prison to which this Ordinance

applies.

c. 58, s. 17.

(2) Prisoners shall be confined in such prisons as the Superintendent of Prisons may direct and may on like direction be removed therefrom during the term of their imprisonment to any other prison.

The Superintendent of Prisons on being satisfied that a prisoner is suffering from a disease and cannot be properly treated in a prison, or that he should undergo and desires to undergo a surgical operation which cannot properly be

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

performed in a prison, may order that the prisoner be taken to the Government Civil Hospital or other suitable place for the purpose of treatment or the operation, and while absent from the prison in pursuance of such order the prisoner shall be deemed to be in legal custody.

(4) When the attendance of any prisoner at any place is required for the purposes of any enactment, the Super- intendent of Prisons shall arrange for his transfer in custody to and from such place, and during any such transfer the prisoner shall be deemed to be in legal custody.

(5) Prisoners of unsound mind shall be dealt with in the Ordinance manner prescribed by the Asylums Ordinance, 1906.

No. 6 of 1906,

prisoners.

5. Prisoners shall be under the control of superintendents Control of and assistant superintendents of prisons assisted by the prison officers.

conveyance

6.-(1) A person shall be deemed to be a prisoner and Custody and in legal custody whenever he is being taken to or from, or of prisoner. is confined in, any prison in which he may be lawfully confined, whether under criminal or civil process, or whenever he is working outside or is otherwise outside any such prison in the custody or under the control of a prison officer.

(2) Any constable or other officer acting under the order of any judge or magistrate or other officer having power to commit a prisoner to prison may convey a prisoner to or from any prison to or from which he may be legally committed or removed.

7. The following rules shall be observed with respect to Rules as to

separation the separation of prisoners :----

of prisoners.

e. 126, s. 17.

(1) in every prison separate cells shall, as far as possible, 28 & 29 Vict. be provided equal in number to the average of the greatest number of prisoners who have been confined in such prison at any time during each of the preceding five years;

(2) in every prison punishment cells shall be provided or appropriated for the confinement of prisoners for prison offences:

(3) in a prison containing female as well as male prisoners, the women shall be imprisoned in separate buildings or separate parts of the same buildings, in such manner as to prevent their seeing, conversing or holding any intercourse with the male prisoners;

(4) in a prison where debtors are confined, means shall be provided for separating them as far as possible from the criminal prisoners;

(5) in a prison where prisoners under the age of sixteen years are confined, they shall be kept separate from prisoners of or above that age.

and punish-

approved by

8.-1) No cell shall be used for the separate confine- Separate ment of a prisoner unless it has been approved in writing by confinement the Governor for the purpose, and the Governor shall not ment cells give his approval in respect of any cell unless he is satisfied to be that it is of such a size, and is lighted, ventilated and fitted Governor. up in such a manner as may be requisite for health, and 28 & 29 Vict. furnished with the means of enabling the prisoner to com c. 126, s. 18. municate at any time with an officer of the prison.

961

962

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Regulation

af hard labour.

Misdemean- ants of the

first and second divisions.

28 & 29 Vict. c. 126, s. 67.

Escaping, or attempting or aiding to escape, from prison or legal

custody.

(2) Every approved cell shall be distinguished by a number or mark placed in a conspicuous position.

(3) No cell approved by the Governor shall be altered without his consent.

9.-(1) Hard labour, for the purposes of sentences of imprisonment with hard labour, shall be of such classes, character and description as may be appointed by rules made by the Governor in Council.

(2) Every prisoner in any prison may, in the discretion of the Superintendent of Prisons, be employed under the control of prison officers on such work outside the prison as the Governor may approve: Provided that no person shall be so employed without his consent unless he has been sentenced to hard labour.

10.-(1) In every prison prisoners convicted of mis- demeanor, and not sentenced to hard labour, shall be divided into at least two divisions, one of which shall be called the first division.

(2) Whenever any person convicted of misdemeanor is sentenced to imprisonment without hard labour, the court or judge before whom such person has been tried may order that such person shall be treated as a misdemeanant of the first division, and a misdemeanant of the first division shall not be deemed to be a criminal prisoner within the meaning of this Ordinance

(3) Every person imprisoned under any rule, order or attachment for contempt of court shall be treated as a mis- demeanant of the first division.

11. Every person who:-

(1) escapes or attempts to escape from any prison or from legal custody; or

(2) aids any prisoner in escaping or attempting to escape 28 & 29 Vict. from any prison or from legal custody; or,

c. 126, s. 37.

Introduction

articles into

(3) with intent to facilitate the escape of any prisoner, conveys or causes to be conveyed into any prison any mask, dress or other disguise, or any letter, or any other article or thing,

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

12.-) No intoxicating liquor, opium or other drug, of prohibited tobacco, money, clothing, provisions, letters, papers, books prisons. or any other article whatsoever shall be brought, thrown or in any manner introduced or conveyed into any prison, or conveyed to any prisoner while in custody outside the prison, or carried out of the prison, unless such use be authorized by the prison rules or by the Superintendent of Prisons.

(2) Every person who contravenes or attempts to contravene any of the provisions of this section, and every officer of a prison who knowingly permits any contravention of this section, shall upon summary conviction be liable to a fine not exceeding two hundred and fifty dollars and to imprisonment for any term not exceeding six months.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932. 963

(3) Any oflicer of a prison convicted under this section shall, in addition to any other punishment, forfeit his office.

13.-(1) No person shall in any prison sell Supplying any prohibited intoxicating liquor, opium or other drug, or tobacco, and no articles to officer of a prison shall knowingly permit any such article to prisoners. be sold in any prison.

(2) No officer of a prison shall permit any intoxicating liquor, opium or other drug, or tobacco, to be used by any prisoner, unless such use be authorized by the prison rules or by the Superintendent of Prisons.

(3) No officer of a prison shall, contrary to the prison rules, give or cause to be given anything of whatsoever nature to any prisoner.

(4) Every person who contravenes or attempts to contravene any of the provisions of this section shall upon summary conviction be liable to a fine not exceeding two hundred and fifty dollars and to imprisonment for any term not exceeding six months.

(5) Any officer of a prison convicted under this section. shall, in addition to any other punishment, forfeit his office.

Notice of under ss. 11

punishments

14. The Superintendent of Prisons shall cause to be affixed in a conspicuous place outside every prison a notice, in English and in Chinese, setting forth the penalties that will to 13 to be be incurred by persons committing any offence in contraven- tion of sections 11, 12 and 13.

placed out-

28 & 29 Vict. c. 126, s. 40.

prisoner

15. It shall be the duty of a magistrate discharging Inquiry on the duties of coroner to hold an inquiry on the body of every dying. prisoner who may die within a prison, and in no case shall 28 & 29 Vict. any officer of a prison, or any prisoner confined in a c. 126, s. 48; prison, or any person engaged in any sort of trade or dealing 50 & 51 Vict. with a prison, be a juror on such inquiry.

c. 57, s. 3.

of sub-

prison

16. Every subordinate prison officer or servant who:- Misconduct (1) after having been duly engaged to serve as such ordinate absents himself from his duties, or refuses or neglects to obey officers and any lawful order, or is guilty of any breach of discipline or servants. any insubordination; or,

(2) on being dismissed or permitted to resign from or ceasing to belong to the prison service, does not deliver up all arms, accoutrements, appointments and things entrusted to him for the performance of his duty as such officer or servant,

shall upon summary conviction be liable to a fine not exceeding two hundred and fifty dollars and to imprisonment for any term not exceeding six months, and further shall forfeit all pay during any such imprisonment.

rules.

17.-(1) It shall be lawful for the Governor in Council Prison to make rules for the regulation and government of prisons, and for the duties and conduct of the officers and other persons employed in prisons, and for the punishment by fine, degradation to a lower rank or pay, discharge or dismissal of such officers or other persons; and for the duties of the visiting justices, and for the conditions under which visitors may be allowed in prisons, and for the classification, diet, clothing, maintenance, employment, discipline, instruction and correc- tion of prisoners, and the remission of a portion of their sentences, and the granting of gratuities to them, and for all other matters relating to prisons.

964

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Appointment and duties of visiting justices.

(2) It shall also be lawful for the Governor in Council by such rules to impose any punishment or penalty for the breach of any such rules.

(3) Every such rule may be disallowed by His Majesty.

18.-(1) All prisons shall be visited at least twice a month by justices of the peace appointed by the Governor to be visiting justices for periods to be specified in their appoint-

40 & 41 Vict. ments.

c. 21, ss. 13 and 14.

Reduction of imprisonment

portion of fine.

4 & 5 Geo. 5, c. 58, s. 3.

(2) Such visiting justices shall when visiting prisons hear any complaints which may be made to them by the prisoners, and shall report on any abuses within the prisons. or any repairs that may be required, and shall further take cognizance of any matters of pressing necessity and within the powers of their commission as justices, and do such acts and perform such duties in relation to prisons as they may be required to do or perform by the Governor, but subject to the rules with respect to the duties of visiting justices to be made by the Governor in Council.

19. Where a person is committed to prison for non- on paying of payment of a sum adjudged to be paid by the conviction of any court, then, on payment to the Superinten- dent of Prisons, or to such person as the Superintendent of Prisons may authorise, or to the first clerk at a Magistracy, of any sum in part satisfaction of the sum so adjudged to be paid and of any charges for which the prisoner is liable, the term of imprisonment shall be reduced by a number of days bearing as nearly as possible the same proportion to the total number of days for which the prisoner has been sentenced as the sum so paid bears to the sum for which he is so liable: Provided, nevertheless, that the provisions of this section shall not apply to any sum of money which is ordered to be paid to any person aggrieved by way of compensation or amends for any injury, damage or loss to his person or property.

Repeal of Ordinances No. 4 of 1899 and

No. 26 of 1927.

20. The Frisons Ordinance, 1899, and the Frisons Amendment Ordinance, 1927, are hereby repealed.

Passed the Legislative Council of Hong Kong, this 1st day of December, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils,

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

965

HONG KONG.

No. 39 of 1932.

I assent.

W. PEEL,

L.S.

Governor.

2nd December, 1932.

An Ordinance to consolidate and amend the

law relating to Companies.

[2nd December, 1932.]

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Companies Short Ordinance, 1932.

title.

2.-(1) This Ordinance applies to every company Application. registered in this Colony, whether such company be registered before or after the commencement of this Ordinance irrespective of the place or places where the business of such company may be carried on.

(2) This Ordinance in so far as it affects companies carrying on business within the limits of the China Orders in Council shall be read with and subject to the provisions of the China Order in Council, 1925 and any Orders in Council which may amend or replace the same.

PART I.

INCORPORATION OF COMPANIES AND MATTERS

INCIDENTAL THERETO.

Memorandum of Association.

company.

3.-(1) Any seven or more persons, or, where the Mode of company to be formed will be a private company, forming any two or more persons, associated for any lawful incorporated purpose may, by subscribing their names to memorandum of association (which must be printed in 19 & 20 Geo. the English language) and otherwise complying with the requirements of this Ordinance in respect of registration, form an incorporated company, with or without limited liability.

(2) Such a company may be either-

(a) A company having the liability of its mem- bers limited by the memorandum to the amount, if any, unpaid on the shares respectively held by them (in this Ordinance termed "a company limited by shares"); or (b) A company having the liability of its mem- bers limited by the memorandum to such amount as the members may respectively thereby undertake to contribute to the assets of the company in the event of its being wound up (in this Ordinance termed "a company limited by guarantee'); or (c) A company not having any limit on the liability of its members (in this Ordinance termed "an unlimited company").

5 c. 23, s. 1.

966

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Require- ments with

respect to

memoran- dum.

19 & 20 Geo.

5, c. 23, s. 2.

Stamp and signature of

memoran-

dum

19 & 20 Geo.

5, c. 23, s. 3.

Ordinance

No. 8 of 1921.

Restriction

4.-(1) The memorandum of every company must

state-

(a) The name of the company, with "Limited'

as the last word of the name in the case of limited by shares or by

company

guarantee:

(b) Whether the registered office of the company is to be situate in the Colony or within the limits of the China Orders in Council.

(2) The memorandum of a company limited by shares or by guarantee must also state that the liability of its members is limited.

(3) The memorandum of a company limited by guarantee must also state that each member under- takes to contribute to the assets of the company in the event of its being wound up while he is a mem- ber, or within one year after he ceases to be a mein- ber, for payment of the debts and liabilities of the company contracted before he ceases to be a member, and of the costs, charges, and expenses of winding up, and for adjustment of the rights of the contribu- tories among themselves, such amount as may be required, not exceeding a specified amount.

(4) In the case of a company having a share capital-

(a) The memorandum must also, unless the

company is an unlimited company, state the amount of share capital with which the company proposes to be registered and the division thereof into shares of a fixed amount;

(b) No subscriber of the memorandum may

take less than one share;

name the number of shares he takes.

5. The memorandum must bear the same stamp as if it were a deed, and must be signed by each sub- scriber in the presence of at least one witness who must attest the signature.

6. A company may not alter the conditions con- on alteration tained in its memorandum except in the cases, in the mode and to the extent for which express provision is made in this Ordinance.

of memo-

randum.

19 & 20 Geo.

5, c. 23,

s. 4.

Mode in

which and

extent to which

objects of company

may be

altered.

19 & 20 Geo. 5, c. 23,

s. 5.

7.-(1) Subject to the provisions of this section, a company may, by special resolution, alter the pro- visions of its memorandum with respect to the objects of the company, so far as may be required to enable. it-

(a) to carry on its business more economically

or more efficiently; or

(b) to attain its main purpose by new or

improved means; or

operations; or

(d) to carry on some business which under existing circumstances may conveniently or advantageously be combined with the business of the company; or

(e) to restrict or abandon any of the objects

specified in the memorandum; or

(f) to sell or dispose of the whole or any part of the undertaking of the company; or (g) to amalgamate with any other company or

body of persons.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

(2) The alteration shall not take effect until, and except in so far as, it is confirmed on petition by the court.

(3) Before confirming the alteration the court must be satisfied-

(a) that sufficient notice has been given to

every holder of debentures of the company, and to any persons or class of persons whose interests will, in the opinion of the court, be affected by the alteration; and

(b) that, with respect to every creditor who in the opinion of the court is entitled to object and who signifies his objection in manner directed by the court, either his consent to the alteration has been obtained or his debt or claim has been discharged or has deter- mined, or has been secured to the satisfac- tion of the court:

Provided that the court may, in the case of any person or class, for special reasons, dispense with the notice required by this section.

(4) The court may make an order confirming the alteration either wholly or in part, and on such terms and conditions as it thinks fit.

(5) The court shall, in exercising its discretion under this section, have regard to the rights and interests of the members of the company or of any class of them, as well as to the rights and interests of the creditors, and may, if it thinks fit, adjourn the proceedings in order that an arrangement may be made to the satisfaction of the court for the purchase of the interests of dissentient members, and may give such directions and make such orders as it may think expedient for facilitating or carrying into effect any such arrangement:

Provided that no part of the capital of the company shall be expended in any such purchase.

(6) An office copy of the order confirming the alteration, together with a printed copy of the memo- randum as altered, shall, within fifteen days from the date of the order, be delivered by the company to the registrar of companies and he shall register the copy so delivered and shall certify the registration under his hand, and the certificate shall be conclusive evidence that all the requirements of this Ordinance with respect to the alteration and the confirmation thereof have been complied with, and thenceforth the memorandum as so altered shall be the memorandum of the company.

The court may by order at any time extend the time for the delivery of documents to the registrar under this section for such period as the court may think proper.

(7) If a company makes default in delivering to the registrar of companies any document required by this section to be delivered to him, the company shall be liable to a fine not exceeding one hundred dollars for every day during which the default continues.

Articles of Association.

for com-

8. There may in the case of a company limited Articles by shares, and there shall in the case of a company prescribing limited by guarantee or unlimited, be registered with regulations the memorandum articles of association, signed by the panies. subscribers to the memorandum and prescribing 19 & 20 Geo. regulations for the company.

5, c. 23, s. 6.

967

968

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Regulations required in case of

unlimited

company

or company limited by guarantee.

19 & 20 Geo. 5, c. 23, s. 7.

Adoption and applica-

tion of

Table A.

5, c. 23, s. 8.

9.-(1) In the case of an unlimited company the articles, if the company has a chare capital, must state the amount of share capital with which the company proposes to be registered.

(2) In the case of an unlimited company or a com- pany limited by guarantee, the articles, if the company has not a share capital, must state the number of members with which the company proposes to be registered.

(3) Where a company not having a share capital has increased the number of its members beyond the registered number, it shall, within fifteen days after the increase was resolved on or took place, give to the registrar of companies notice of the increase, and the registrar shall record the increase.

If default is made in complying with this subsection, the company and every officer of the company who is in default shall be liable to a default fine.

10.-(1) Articles of association may adopt all or any of the regulations contained in Table A.

　(2) In the case of a company limited by shares and 19 & 20 Geo. registered after the commencement of this Ordinance,

if articles

are not registered, or, if articles are registered, in so far as the articles do not excludo or modify the regulations contained in Table A, those regulations shall, so far as applicable, be the regula tions of the company in the same manner and to the same extent as if they were contained in duly registered articles.

Printing, stamp, and signature of articles.

19 & 20 Geo. 5, c. 23, s. 9. Ordinance

No. 3 of 1921.

Alteration of articles by special resolution.

19 & 20 Geo. 5, c. 23,

s. 10.

Statutory forms of

memoran-

dum and articles.

19 & 20 Geo. 5, c. 23,

s. 11.

11. Articles must-

(1) be printed in the English language;

(2) be divided into paragraphs numbered con-

secutively;

(3) bear the same stamp as if they were

contained in a deed;

(4) be signed by each subscriber of the memo- randum of association in the presence of at least one witness who must attest the signature.

12.-(1) Subject to the provisions of this Ordinance and to the conditions contained in its memorandum, a company may by special resolution alter or add to its articles.

(2) Any alteration or addition so made in the articles shall, subject to the provisions of this Ordin- ance, be as valid as if originally contained therein, and be subject in like manner to alteration by special resolution.

Form of Memorandum and Articles.

13. The form of-

(1) the memorandum of association of a com-

pany limited by shares;

(2) the memorandum and articles of association of a company limited by guarantee and not having a share capital;

(3) the memorandum and articles of association of a company limited by guarantee and having a share capital;

(4) the memorandum and articles of association of an unlimited company having a share capital;

shall be respectively in accordance with the forms set out in Tables B., C., D. and E. in the First Schedule to this Ordinance, or as near thereto as circumstances admit.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932. 969

Registration.

14. The memorandum and the articles, if any, Registration shall be delivered to the registrar of companies and of memo- the registrar shall retain and register them.

randum and articles.

19 & 20 Geo. 5, c. 23, s. 12. 15.-(1) On the registration of the memorandum Effect of of a company the registrar shall certify under his registration. hand that the company is incorporated and, in the 19 & 20 Geo. case of a limited company, that the company is 5, c. 23, limited.

(2) From the date of incorporation mentioned in the certificate of incorporation, the subscribers of the memorandum, together with such other persons as may from time to time become members of the company, shall be a body corporate by the name contained in the memorandum, capable forthwith of exercising all the functions of an incorporated com- pany, and having perpetual succession and a common seal, but with such liability on the part of the mem- bers to contribute to the assets of the company in the event of its being wound up as is mentioned in this Ordinance.

s. 13.

16. (1) A company incorporated under this Ordin- Power of ance shall have power to hold lands:

company to hold lands.

19 & 20 Geo.

Provided that a company formed for the purpose of promoting art, science, religion, charity or any other 5, c. 23, like object not involving the acquisition of gain by s. 14. the company or by its individual members, shall not, without the licence of the Governor hold more than two acres of land, but the Governor may by licence empower any such company to hold lands in such quantity, and subject to such conditions, as he may think fit.

(2) A licence given by the Governor under this section shall be in accordance with the form set out in the Second Schedule to this Ordinance, or as near thereto as circumstances admit.

17. (1) A certificate of incorporation given by the Conclusive registrar in respect of any association shall be ness of conclusive evidence that all the requirements of this certificate Ordinance in respect of registration and of matters precedent and incidental thereto have been complied with, and that the association is a company authorised 5, c. 23, to be registered and duly registered under this Ordin- s. 15.

ance.

(2) A statutory declaration by a solicitor of the Supreme Court, engaged in the formation of the com- pany, or by a person named in the articles as a director or secretary of the company, of compliance with all or any of the said requirements shall be produced to the registrar, and the registrar may accept such a declaration as sufficient evidence of compliance.

of incorpora- tion.

19 & 20 Geo.

s. 16.

18. (1) Subject to the provisions of this section. Registration a company registered as unlimited may register under of unlimited this Ordinance as limited, or a company already company as registered as a limited company may re-register under limited. this Ordinance, but the registration of an unlimited 19 & 20 Geo. company as a limited company shall not affect the 5, c. 23, rights or liabilities of the company in respect of any debt or obligation incurred. or any contract entered into, by, to, with, or on behalf of the company before the registration, and those rights or liabilities may be enforced in manner provided by Part IX. of this Ordinance in the case of a company registered in pursuance of that Part.

(2) On registration in pursuance of this section the registrar shall close the former registration of the company, and may dispense with the delivery to him of copies of any documents with copies of which he

970

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Restriction on registra- tion of com- panies by certain

names.

19 & 20 Geo..

5, c. 23,

8. 17.

Power to dispense with "Limited"

in name of charitable and other companies. 19 & 20 Geo. 5, c. 23,

s. 18.

was furnished on the occasion of the original registra- tion of the company, but, save as aforesaid, the registration shall take place in the same manner and shall have effect as if it were the first registration of the company under this Ordinance, and as if the provisions of the Ordinances under which the company was previously registered and regulated had been contained in different Ordinances from those under which the company is registered as a limited coin- pany.

Provisions with respect to Names of Companies. 19.-(1) No company shall be registered by a name which-

(a) is identical with that by which a company in existence is already registered, or nearly resembles that name as to be calculated to deceive, except where the company in existence is in the course of being dissolved and signifies its consent in such manner as the registrar requires; or (b) contains the words "Chamber of Com- merce, unless the company is a company which is to be registered under a licence granted in pursuance of the next following. section of this Ordinance without the addition of the word "Limited" to its

name; or

(c) contains the words "Building Society." (2) Except with the consent of the Governor no company shall be registered by a name which-

(a) contains the words "Royal" cr "Imperial" or in the opinion of the registrar suggests, or is calculated to suggest, the patronage of His Majesty or of any member of the Royal Family or connection with His Majesty's Government or any department thereof; or (b) contains the words "Municipal" or "Char- tered" or in the opinion of the registrar suggests, or is calculated to suggest, con- nection with any municipality or other local authority or with any society or body in- corporated by Royal Charter; or

(c) contains the word "Co-operative." (d) contains the word "British": Provided that this paragraph shall not apply to any China company.

20.-(1) Where it is proved to the satisfaction c the Governor that an association about to be formed as a limited company is to be formed for promoting commerce, art, science, religion, charity, or any other useful object, and intends to apply its profits, if any, or other income in promoting its objects, and to pro- hibit the payment of any dividend to its members, the Governor may by licence direct that the associa tion may be registered as a company with limited liability, without the addition of the word "Lunited" to its name, and the association may be registered accordingly.

(2) A licence by the Governor under this section may be granted on such conditions and subject to such regulations as he may think fit, and those conditions and regulations shall be binding on the association, and shall, if the Governor so direct, be inserted in the memorandum and articles, or in one of those documents.

(3) The association shall on rcgistration enjoy all the privileges of limited companies, and be subject to all their obligations, except those of using the word "Limited" as any part of its name, and of publishing its name, and of sending lists of members to the

registrar of companies.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

(4) A licence under this section may at any time be revoked by the Governor, and upon revocation the registrar shall enter the word "Limited" at the end of the name of the association upon the register, and the association shall cease to enjoy the exemptions and privileges granted by this section:

Provided that, before a licence is so revoked, the Governor shall give to the association notice in writing of his intention, and shall afford the association an opportunity of being heard in opposition to the revocation.

(5) Where the name of the association contains the words "Chamber of Commerce,' the notice to be given as aforesaid shall include a statement of the effect of the provisions of subsection (3) of the next following section of this Ordinance.

21.--(1) A company may, by special resolution and Change of with the approval of the Governor (or, in the case of name. a China company, with the approval of the Minister) 19 & 20 Geo. signified in writing, change its name.

5, c. 23, 8. 19.

(2) If a company, through inadvertence or other- wise, is, without such consent as is mentioned in para- graph (a) of subsection (1) of section nineteen of this Ordinance registered by a name which is identical with that by which a company in existence is previ ously registered, or which so nearly resembles that name as to be calculated to deceive, the first- mentioned company may change its name with the sanction of the registrar.

(3) Where a licence granted in pursuance of the last foregoing section of this Ordinance to a company the name of which contains the words "Chamber of Commerce" is revoked, the company shall, within a period of six weeks from the date of the revocation or such longer period as the Governor may think fit to allow, change its name to a name which does not contain those words.

If a company makes default in complying with the requirements of this subsection, it shall be liable to a fine not exceeding five hundred dollars for every day during which the default continues.

(4) Where a company changes its name, the registrar shall enter the new name on the register in place of the former name, and shall issue a certificate of incorporation altered to

to meet the circumstances of the case.

(5) The change of name shall not affect any rights or obligations of the company, or render defective any legal proceedings by or against the company, and any legal proceedings that might have been continued or commenced against it by its former name may be continued or commenced against it by its new name.

General Provisions with respect to Memorandum and Articles.

articles.

22.-(1) Subject to the provisions of this Ordinance Effect of the memorandum and articles shall, when registered, memoran- bind the company and the members thereof to the dum and same extent as if they respectively had been signed 19 & 20 Geo. and sealed by each member, and contained covenan's 5, c. 23, on the part of each member to observe all the s. 20. provisions of the memorandum and of the articles.

(2) All money payable by any member to the company under the memorandum or articles shall be a debt due from him to the company, and be of the nature of a specialty debt.

971

972 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Provision as to memoran- dum and

articles of companies limited by guarantee. 19 & 20 Geo. 5, c. 23,

8. 21.

Alterations

in memoran- dum or articles increasing liability to contribute to share capital not to bind existing members without consent.

19 & 20 Geo. 5, c. 23, 5. 22.

Copies of

memoran- dum and articles to be given to members.

19 & 20 Geo. 5, c. 23,

s. 23.

Issued copies of

memoran- dum to

embody alterations.

19 & 20 Geo. 5, c. 23,

8. 24.

Definition of member. 19 & 20 Geo. 5, c. 23,

$. 25.

Meaning of "private company."

19 & 20 Geo.

5, c. 23,

s. 26.

23.-(1) In the case of a company limited by guarantee and not having a share capital, and reg- istered on or after the first day of January, rineteen hundred and twelve, every provision in the memor. andum or articles or in any resolution of the company purporting to give any person a right to participate in the divisible profits of the company otherwise than as a member shall be void.

(2) For the purpose of the provisions of this Ordin- ance relating to the memorandum of a company limited. by guarantee and of this section, every provision in the memorandum or articles, or in any resolution, of a company limited by guarantee and registered on or after the date aforesaid, purporting to divide the under- taking of the company into shares or interests shall be treated as a provision for a share capital, notwithstand- ing that the nominal amount or number of the shares or interests is not specified thereby.

24. Notwithstanding anything in the memorandum or articles of a company, no member of the company shall be bound by an alteration made in the memo- randum or articles after the date on which he became a member, if and so far as the alteration requires him to take or subscribe for more shares than the number held by him at the date on which the alteration is made, or in any way increases his liability as at that date to contribute to the share capital of, or otherwise to pay money to, the company :

Provided that this section shall not apply in any case where the member agrees in writing, either before or after the alteration is made, to be bound thereby.

25.-(1) A company shall, on being so required by any member, send to him a copy of the memorandum and of the articles, if any, and a copy of any Ordin- ance which alters the memorandum, subject to pay- ment, in the case of a copy of the memorandum and of the articles, of one dollar or such less sum as the company may prescribe, and, in the case of a copy of an Ordinance, of such sum not exceeding the published price thereof as the company may require.

(2) If a company makes default in complying with this section, the company and every officer of the company who is in default shall be liable for each offence to a fine not exceeding ten dollars.

26.--(1) Where an alteration is made in the memo- randum of a company, every copy of the memorandum issued after the date of the alteration shall be in accordance with the alteration.

(2) If, where any such alteration has been made, the company at any time after the date of the alteration issues any copies of the memorandum which are not in

accordance with the alteration, it shall be liable to a fine not exceeding ten dollars for each copy so issued, and every officer of the company who is in default shall be liable to the like penalty.

Membership of Company.

27.-(1) The subscribers of the memoranduin of a company shall be deemed to have agreed to become members of the company, and on its registration shall be entered as members in its register of members.

(2) Every other person who agrees to become a member of a company, and whose name is entered in its register of members, shall be a member of the company.

Private Companiės.

28.-(1) For the purposes of this Ordinance, the expression "private company' means a company which by its articles-

(a) restricts the right to transfer its shares; and

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

(b) limits the number of its members to fifty, not including persons who are in the employment of the company and persons who, having been formerly in the employment of the company, were while in that employment, and have continued after the determination of that employment to be, members of the company; and

(2) Where two or more persons hold one or more shares in a company jointly, they shall, for the pur- poses of this section, be treated as a single member.

29.-(1) If a company, being a private company, Circum- alters its articles in such manner that they no longer stances in include the provisions which, under the last foregoing which com- section of this Ordinance, are required to be included pany ceases to be, or to in the articles of a company in order to constitute it

　　　　　　　　　　　　　　　　　　　enjoy a private company, the company shall, as on the date privileges of, of the alteration, cease to be a private company and a private shall, within a period of fourteen days after the said company. date, deliver to the registrar of companies for registra- 19 & 20 Geo. tion a prospectus or a statement in lieu of prospectus 5, c. 23, in the form and containing the particulars set out in "Third the Third Schedule to this Ordinance.

(2) If default is made in complying with sub-section (1) of this section, the company and every officer of the company who is in default shall be liable to a default fine of five hundred dollars.

(3) Where the articles of a company include the provisions aforesaid but default is made in complying with any of those provisions, the company shall cease to be entitled to the privileges and exemptions con- ferred on private companies under the provisions contained in section thirty, subsection (3) of section one hundred and nine, subsection (1) of section one hundred and twenty nine and paragraph (4) of section one hundred and sixty-three of this Ordinance, and thereupon the said provisions shall apply to the com- pany as if it were not a private company :

Provided that the court, on being satisfied that the failure to comply with the conditions was accidental or due to inadvertence or to some other sufficient cause, or that on other grounds it is just and equitable to grant relief, may, on the application of the company or any other person interested and on such terms and conditions as seem to the court just and expedient, order that the company be relieved from such con- sequences as aforesaid.

Reduction of Number of Members below Legal Minimum.

s. 27.

Schedule."

with fewer

30. If at any time the number of members of a Prohibition company is reduced, in the case of a private company, of rrying below two, or, in the case of any other company, below on business seven, and it carries on business for more than six than seven months while the number is so reduced, every person or, in the who is a member of the company during the time case of a that it so carries on business after those six months private

　　　　　　　　　　　　　　　　　　　　　　　　company, and is cognisant of the fact that it is carrying on two business with fewer than two members, or

　　　　　　　　　　　　　　　　　　　seven members. members, as the case may be, shall be severally 19 & 20 Geo. liable for the payment of the whole debts of the com- 5, c. 23, pany contracted during that time, and may be s. 28. severally sued therefor.

Contracts, &c.

31.-(1) Contracts on behalf of a company may be Form of made as follows:

contracts.

20 Geo.

(a) A contract which if made between private 19 & 29,

persons would be by law required to be in

　　　　　　　　　　　　s. 29. writing, and if made according to English law

973

974

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Bills of exchange and promissory notes.

19 & 20 Geo. 5, c. 23, s. 30.

Execution of deeds abroad.

19 & 20 Geo. 5, c. 23, s. 31.

Power for

company to have official seal for use abroad.

19 & 20 Geo. 5, c. 23,

s. 32.

to be under seal, may be made on behalf of the company in writing under the common seal of the company:

(b) A contract which if made between private persons would be by law required to be in writing, signed by the parties to be charged therewith, may be made on behalf of the com- pany in writing signed by any person acting under its authority, express or implied: (c) A contract which if made between private persons would by law be valid although made by parol only, and not reduced into writing, may be made by parol on behalf of the com- pany by any person acting under its authority, express or implied.

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

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

32. A bill of exchange or promissory note shall be deemed to have been made, accepted, or endorsed on behalf of a company if made, accepted, or endorsed in the name of, or by or on behalf or on account of, the company by any person acting under its authority.

33.-(1) A company may, by writing under its common seal, empower any person, either generally or in respect of any specified matters, as its attorney, to execute deeds on its behalf in any place not situate in the Colony (or, in the case of a China company, not situate within the limits of the China Orders in Council).

(2) A deed signed by such an attorney on behalf of the company and under his seal shall bind the com- pany and have the same effect as if it were under its common seal.

34.-(1) A company whose objects require or com- prise the transaction of business outside the Colony (or, in the case of a China company, outside the limits of the China Orders in Council), may, if authorised by its articles, have for use in any territory, district, or place not situate in the Colony (or, in the case of a China company, not situate within the limits afore- said), an official seal, which shall be a facsimile of the common seal of the company, with the addition on its face of the name of every territory, district, or place where it is to be used.

(2) A deed or other document to which an official seal is duly affixed shall bind the company as if it had been sealed with the common seal of the company.

(3) A company having an official seal for use in any such territory, district or place may, by writing under its common seal, authorise any person appointed for the purpose in that territory, district or place, to affix the official seal to any deed or other document to which the company is party in that territory, district or place.

(4) The authority of any such agent shall, as be- tween the company and any person dealing with the agent, continue during the period, if any, mentioned in the instrument conferring the authority, or if no period is there mentioned, then until notice of the revocation or determination of the agent's authority has been given to the person dealing with him.

(5) The person affixing any such official seal shall, by writing under his hand, certify on the deed or other instrument, to which the seal is affixed, the date on which and the place at which it is affixed.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932. 975

Authentication of Documents.

35. A document or proceeding requiring authenti- Authentica- cation by a company may be signed by a director, tion of secretary, or other authorised officer of the company, and need not be under its common seal.

PART II.

SHARE CAPITAL AND DEBENTURES.

Prospectus.

documents.

19 & 20 Geo. 5, c. 23,

s. 33.

registration

pros-

36.-(1) A prospectus issued by or on behalf of a Dating and company or in relation to an intended company shall be dated, and that date shall, unless the contrary is proved, be taken as the date of publication of the prospectus.

(2) A copy of every such prospectus, signed by every person who is named therein as a director or proposed director of the company, or by his agent authorised in writing, shall be delivered to the registrar of companies for registration on or before the date of its publication, and no such prospectus shall be issued until a copy thereof has been so delivered for regis- tration.

(3) The registrar shall not register any prospectus unless it is dated, and the copy thereof signed, in manner required by this section.

(4) Every prospectus shall state on the face of it that a copy has been delivered for registration as required by this section.

(5) If a prospectus is issued without a copy thereof being so delivered, the company, and every person who is knowingly a party to the issue of the prospectus, shall be liable to a fine not exceeding fifty dollars for every day from the date of the issue of the prospectus until a copy thereof is so delivered.

pectus.

19 & 20 Geo. 5, c. 23, s. 34.

37.-(1) Every prospectus issued by or on behalf Specific re- of a company, or by or on behalf of any person who is quirements as to parti- or has been engaged or interested in the formation of culars in the company, must be in the English language prospectus. and must state the matters specified in Part 19 & 20 Geo. I of the Fourth Schedule to this Ordinance and set 5, c. 23, out the reports specified in Part II of that Schedule, s. 35. and the said Part I and II shall have effect subject to the provisions contained in Part III of the said Schedule.

(2) A condition requiring or binding an applicant for shares in or debentures of a company to waive compliance with any requirement of this section, or purporting to affect him with notice of any contract, document, or matter not specifically referred to in the prospectus, shall be void.

(3) It shall not be lawful to issue any form of application for shares in or debentures of a company unless the form is issued with a prospectus which complies with the requirements of this section:

Provided that this subsection shall not apply if it is shown that the form of application was issued either-

(a) in connection with a bonâ fide invitation to a person to enter into an underwriting agree- ment with respect to the shares or debentures;

(b) in relation to shares or debentures which were

not offered to the public.

If any person acts in contravention of the provisions of this subsection, he shall be liable to a fine not exceeding five thousand dollars.

(4) In the event of non-compliance with or con- travention of any of the requirements of this section,

瞽

976

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Restriction

of terms mentioned

a director or other person responsible for the prospectus shall not incur any liability by reason of the non- compliance or contravention, if-

(a) as regards any matter not disclosed, he proves

that he was not cognisant thereof; or

(b) he proves that the non-compliance or con- travention arose from an honest mistake of fact on his part; or

(c) the non-compliance or contravention was in respect of matters which in the opinion of the court dealing with the case were immaterial or was otherwise such as ought, in the opinion of that court, having regard to all the cir- cumstances of the case, reasonably to be excused:

Provided that, in the event of failure to include in a prospectus a statement with respect to the matters specified in paragraph 15 of Part I of the Fourth Schedule to this Ordinance, no director or other person shall incur any liability in respect of the failure unless it be proved that he had knowledge of the matters not disclosed.

(5) This section shall not apply to the issue to existing members or debenture holders of a company of a prospectus or form of application relating to shares in or debentures of the company, whether an applicant for shares or debentures will or will not have the right to renounce in favour of other persons, but, subject as aforesaid, this section shall apply to a prospectus or a form of application whether issued on or with reference to the formation of a company or sub- sequently.

(6) Nothing in this section shall limit or diminish any liability which any person may incur under the general law or this Ordinance apart from this section.

38.-(1) A company limited by shares or a company on alteration limited by guarantee and having a share capital shall not previously to the statutory meeting vary the terms of a contract referred to in the prospectus, or state- ment in lieu of prospectus, except subject to the approval of the statutory meeting.

in prospectus or statement in lieu of prospectus.

19 & 20 Geo. 5, c. 23, s. 36.

Liability for

statements

in pros- pectus.

19 & 20 Geo. 5, c. 23,

s. 37.

(2) This section shall not apply to a private com- pany.

39.-(1) Where a prospectus invites persons to subscribe for shares in or debentures of a company-

(a) every person who is a director of the company at the time of the issue of the prospectus; and (b) every person who has authorised himself to be named and is named in the prospectus as a director or as having agreed to become a direc- tor either immediately or after an interval of time; and

pany; and

(d) every person who has authorised the issue of

the prospectus,

shall be liable to pay compensation to all persons who subscribe for any shares or debentures on the faith of the prospectus for the loss or damage they may have sustained by reason of any untrue statement therein, or in any report or memorandum appearing on the face thereof, or by reference incorporated therein or issued therewith, unless it is proved-

(i) that having consented to become a director of the company he withdrew his consent before the issue of the prospectus, and that it was issued without his authority or consent; or (ii) that the prospectus was issued without his knowledge or consent, and that on becoming aware of its issue he forthwith gave reasonable public notice that it was issued without his knowledge or consent; or

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932. 977

(iii) that after the issue of the prospectus and before allotment thereunder, he, on becoming aware of any untrue statement therein, with- drew his consent thereto, and gave reasonable public notice of the withdrawal, and of the reason therefor; or

(iv) that

(a) as regards every untrue statement not purporting to be made on the authority of an expert or of a public official document or statement, he had reasonable ground to believe, and did up to the time of the allot- ment of the shares or debentures, as the case may be, believe, that the statement was true; and

(b) as regards every untrue statement purporting to be a statement by an expert or contained in what purports to be a copy of or extract from a report or valuation of an expert, it fairly represented the state- ment, or was a correct and fair copy of or extract from the report or valuation; and

(c) as regards every untrue staternent pur- porting to be a statement made by an official person or contained in what purports to be a copy of or extract from a public official document, it was a correct and fair represen- tation of the statement or copy of or extract from the document.

Provided that a person shall be liable to pay compen- sation as aforesaid if it is proved that he had no reasonable ground to believe that the person making any such statement, report or valuation as is men- tioned in paragraph (iv) (b) of this subsection was competent to make it.

(2) Where the prospectus contains the name of a person as a director of the company, or as having agreed to become a director thereof, and he has not consented to become a director, or has withdrawn his consent before the issue of the prospectus, and has not authorised or consented to the issue thereof, the directors of the company, except any without whose knowledge or consent the prospectus was issued, and any other person who authorised the issue thereof, shall be liable to indemnify the person named as aforesaid against all damages, costs, and expenses to which he may be made liable by reason of his name having been inserted in the prospectus, or in defending himself against any action or legal proceedings brought against him in respect thereof.

(3) Every person who, by reason of his being a director or named as a director or as having agreed to become a director, or of his having authorised the issue of the prospectus, becomes liable to make any pay- ment under this section may recover contribution, in cases of contract, from any other person who, if sued separately, would have been liable to make the same payment, unless the person who has become so liable was, and that other person was not, guilty of fraudulent misrepresentation.

(4) For the purposes of this section--

The expression "promoter" means a promoter who was a party to the preparation of the prospectus, or of the portion thereof containing the untrue statement, but does not include any person by reason of his acting in a professional capacity for persons engaged in procuring the formation of the company:

pro-

The expression "expert" includes engineer, valuer,

accountant, and any other person whose fession gives authority to a statement made by him.

978

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Document containing offer of

shares or debentures for sale to be deemed prospectus.

19 & 20 Geo. 5, c. 23, s. 38.

Prohibition

unless minimum

subscription received.

40.-(1) Where a company allots or agrees to allot any shares in or debentures of the company with a view to all or any of those shares or debentures being offered for sale to the public, any document by which the offer for sale to the public is made shall for all purposes be deemed to be a prospectus issued by the company, and all enactments and rules of law as to the contents of prospectuses and to liability in respect of statements in and omissions from prospectuses, or otherwise relating to prospectuses, shall apply and have effect accordingly, as if the shares or debentures had been offered to the public for subscription and as if persons accepting the offer in respect of any shares or debentures were subscribers for those shares or deben- tures, but without prejudice to the liability, if any, of the persons by whom the offer is made, in respect of mis-statements contained in the document or other- wise in respect thereof.

(2) For the purposes of this Ordinance, it shall, unless the contrary is proved, be evidence that an allotment of, or an agreement to allot, shares or deben- tures was made with a view to the shares or debentures being offered for sale to the public if it is shown--

(a) that an offer of the shares or debentures or of any of them for sale to the public was made within six months after the allotment or agree- ment to allot; or

(b) that at the date when the offer was made the whole consideration to be received by the com- pany in respect of the shares or debentures had not been so received.

(3) Section thirty-six of this Ordinance as applied by this section shall have effect as though the persons making the offer were persons named in a prospectus as directors of a company, and section thirty-seven of this Ordinance as applied by this section shall have effect as if it required a prospectus to state in addition to the matters required by that section to be stated in a prospectus-

(a) the net amount of the consideration received or to be received by the company in respect of the shares or debentures to which the offer relates; and

(b) the place and time at which the contract under which the said shares or debentures have been or are to be allotted may be inspected.

(4) Where a person making an offer to which this section relates is a company or a firm, it shall be sufficient if the document aforesaid is signed on behalf of the company or firm by two directors of the com- pany or not less than half of the partners, as the case may be, and any such director or partner may sign by his agent authorised in writing.

Allotment.

41.-(1) No allotment shall be made of any share of allotment capital of a company offered to the public for subs- cription unless the amount stated in the prospectus as the minimum amount which, in the opinion of the directors, must be raised by the issue of share capital in order to provide for the matters specified in paragraph 5 in Part I. of the Fourth Schedule to this Ordin- ance has been subscribed, and the sum payable on application for the amount so stated has been paid to and received by the company.

19 & 20 Geo. 5, c. 23,

s. 39.

For the purposes of this subsection, a sum shall be deemed to have been paid to and received by the com- pany if a cheque for that sum has been received in good faith by the company and the directors of the company have no reason for suspecting that the cheque will not be paid.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

(2) The amount so stated in the prospectus shall be reckoned exclusively of any amount payable otherwise than in cash and is in this Ordinance referred to as "the minimum subscription.'

(3) The amount payable on application on each share shall not be less than five per cent of the nominal amount of the share.

(4) If the conditions aforesaid have not been com plied with on the expiration of forty days after the first issue of the prospectus, all money received from applicants for shares shall be forthwith repaid to them. without interest, and, if any such money is not so repaid within forty-eight days after the issue of the prospectus, the directors of the company shall be jointly and severally liable to repay that money with interest at the rate of five per centum per annum from the expiration of the forty-eighth day:

Provided that a director shall not be liable if he proves that the default in the repayinent of the money was not due to any misconduct or negligence on his part.

(5) Any condition requiring or binding any applicant for shares to waive compliance with any requirement of this section shall be void.

(6) This section, except subsection (3) thereof, shall not apply to any allotment of shares subsequent to the first allotment of shares offered to the public for subscription.

cases unless

42. (1) A company having a share capital which Frohibition does not issue a prospectus on or with reference to its of allotment formation, or which has issued such a prospectus but in certain has not proceeded to allot any of the shares offered to statement the pubiic for subscription, shall not allot any of its in lieu of shares or debentures unless at least three days before prospectus

delivered to the first allotment of either shares or debentures there

　　　　　　　　　　　　　　　　　　　　registrar. has been delivered to the registrar of companies for 19 & 20 Geo. registration a statement in lieu of prospectus, signed 5, c. 23, by every person who is named therein as a director s. 40. or a proposed director of the company or by his agent authorised in writing, in the form and containing the particulars set out in the Fifth Schedule to this Ordinance.

(2) This section shall not apply to a private com- pany.

(3) If a company acts in contravention of this sec- tion, the company and every director of the company who knowingly authorises or permits the contraven- t'on shall be liable to a fine not exceeding one thousand dollars.

allotment.

43.--(1) An allotment made by a company to an Effect of applicant in contravention of the provisions of the two irregular last foregoing sections of this Ordinance, shall be 19 & 20 Geo. voidable at the instance of the applicant within one 5, c. 23, month after the holding of the statutory meeting of s. 41. the company and not later, or, in any case where the company is not required to hold a statutory meet- ing, or where the allotment is made after the holding of the statutory meeting, within one month after the date of the allotment, and not later, and shail be so voidable notwithstanding that the company is in course of being wound up.

(2) If any director of a company knowingly contra- venes, or permits or authorises the contravention of, any of the provisions of the said sections with respect to allotment, he shall be liable to compensate the company and the allottee respectively for any loss, damages, or costs which the company or the allottee may have sustained or incurred thereby :

979

980

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Return as to

allotinents.

19 & 20 Geo. 5, c. 23,

s. 42.

Ordinance

No. 8 of 1921.

Provided that proceedings to recover any such loss, damages, or costs shall not be commenced after the expiration of two years from the date of the allot-

ment.

44.-(1) Whenever a company limited by shares or a company limited by guarantee and having a share capital makes any allotment of its shares, the company shall within eight weeks thereafter deliver to the registrar of companies for registration-

(a) a return of the allotments, stating the number and nominal amount of the shares comprised in the allotment, the names, addresses, and descriptions of the allottees, and in the case of Chinese allottees their names both in English and in Chinese characters and the amount, if any, paid or due and payable on each share; and

(b) in the case of shares allotted as fully or partly paid up otherwise than in cash, a contract in writing constituting the title of the allottee to the allotment together with any contract of sale, or for service or ether consideration in respect of which that allotment was made, such contracts being duly stamped, and a return stating the nun ber and nominal amount of shares so allo ted, the extent to which they are to be treated as paid up, and the consideration for which they have been allotted.

(2) Where such a contract as above mentioned is not reduced to writing, the company shall within eight weeks after the allotment deliver to the registrar of companies for registration the prescribed particulars of the contract stamped with the same stamp duty as would have been payable if the contract had been reduced to writing, and those particulars shall be deemed to be an instrument within the meaning of the Stamp Ordinance, 1921, rnd the registrar may, as a condition of filing the particulars, require that the duty payable thereon be adju licated under section fourteen of that Ordinance.

(3) If default is made in complying with this section, every director, manager, secretary, or other officer of the company, who is knowingly a party to the default, shall be liable to a fine not exceeding five hundred dollars for every day during which the de- fault continues:

Provided that, in case of default in delivering to the registrar any document within eight weeks after the allotment any document required to be delivered by this section, the company, or any person liable for the default, may apply to the court for relief, and the court, if satisfied that the omission to deliver the document was accidental or due to inadvertence or that it is just and equitable to grant relief, may make an order extending the tine for the delivery of the document for such period as the court may think proper.

Power to pay certain

commis-

sions, and

Commissions and Discounts.

45.-(1) It shall be lawful for a company to pay a commission to any person in consideration of his subscribing or agreeing to subscribe, whether absolute- Prohibition ly or conditionally, for any shares in the company, or procuring or agreeing to procure subscriptions, whether absolute or conditional, for any shares 'n the company if-

of payment of all other

comans- sions, dis-

counts, &c.

19 & 20 Geo. 5, c. 23, s. 43.

(a) the payment of the commission is authorised

by the articles; and

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

(b) the commission paid or agreed to be paid does not exceed ten per cent, of the price at which the shares are issued or the amount or rate authorised by the articles, whichever is the less; and

mission paid or agreed to be paid is-

(i) in the case of shares offered to the public for subscription, disclosed in the prospectus; or

(ii) in the case of shares not offered to the public for subscription, disclosed in the statement in lieu of prospectus, or in a statement in the prescribed form signed in like manner as a statement in lieu of prospectus and delivered before the payment of the commission to the registrar of com- panies for registration, and, where a circular or notice, not being a prospectus, inviting subscription for the shares is issued, also disclosed in that circular or notice; and (d) the number of shares which persons have agreed for a commission to subscribe absolute- ly is disclosed in manner aforesaid.

(2) Save as aforesaid, no company shall apply any of its shares or capital money either directly or indirectly in payment of any commission, discount, or allowance, to any person in consideration of his subscribing or agreeing to subscribe, whether absolute- ly or conditionally, for any shares of the company, or procuring or agreeing to procure subscriptions. whether absolute or conditional, for any shares in the company, whether the shares or money be so applied by being added to the purchase money of any property acquired by the company or to the contract price of any work to be executed for the company, or the money be paid out of the nominal purchase money or contract price, or otherwise.

(3) Nothing in this section shall affect the power of any company to pay such brokerage as it has hereto- fore been lawful for a company to pay.

(4) A vendor to, promoter of, or other person who receives payment in money or shares from, a com- pany shall have and shall be deemed always to have had power to apply any part of the money or shares so received in payment of any commission, the payment of which, if made directly by the company, would have been legal under this section.

(5) If default is made in complying with the provisions of this section relating to the delivery to the registrar of the statement in the prescribed form, the company and every officer of the company who is in default shall be liable to a fine not exceeding two hundred and fifty dollars.

sheet as to commis-

46.-(1) Where a company has paid any sums Statement by way of commission in respect of any shares or in balance debentures or allowed any sums by way of discount in respect of any debentures, the total amount so sions and paid or allowed, or so much thereof as has not been discounts. written off, shall be stated in every balance sheet of 19 & 20 Geo. the company until the whole amount thereof has been 5, c. 23,

written off.

(2) If default is made in complying with this section, the company and every officer of the company who is in default shall be liable to a default fine.

s. 44.

assistance

47.-(1) Subject as provided in this section, it Prohibition shall not be lawful for a company to give, whether of provision directly or indirectly, and whether by means of a of financial loan, guarantee, the provision of security or other- by company wise, any financial assistance for the purpose of or for purchase in connection with a purchase made or to be made of its by any person of any shares in the company :

own shares. 19 & 20 Geo.

5, c. 23,

8. 45.

981

982

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Power to issue re- deemable preference shares.

19 & 20 Geo.

5, c. 23,

8. 46.

Provided that nothing in this section shah be taken to prohibit-

(a) where the lending of money is part of the ordinary business of a company, the lending of money by the company in the ordinary course of its business;

(b) the provision by a company, in accordance with any scheme for the time being in force, of money for the purchase by trustees of fully-paid shares in the company to be held by or for the benefit of employees of the company, including any director holding a salaried employment or office in the company; (c) the making by a company of loans to persons, other than directors, bonâ fide in the employ- ment of the company with a view to enabling those persons to purchase fully-paid shares in the company to be held by themselves by way of beneficial ownership.

(2) The aggregate amount of any outstanding loans made under the authority of provisos (b) and (c) to subsection (1) of this section shall be shown as a separate item in every balance sheet of the company.

(3) If a company acts in contravention of this sec- tion, the company and every officer of the company who is in default shall be liable to a fine not exceeding one thousand dollars.

Issue of Redeemable Preference Shares and Shares at Discount.

48.--(1) Subject to the provisions of this section, a company limited by shares may, if so authorised by its articles, issue preference shares which are, or at the option of the company are to be liable, to be redeemned:

Provided that-

Of a

SIT

fin

(a) no such shares shall be redeemed except out of profits of the company which would other- wise be available for dividend or out of the proceeds of a fresh issue of shares made for the purposes of the redemption;

(b) no such shares shall be redeemned unless they

are fully paid;

(c) where any such shares are redeemed otherwise than out of the proceeds of a fresh issue, there shall out of profits which would otherwise have been available for dividend be trans- formed to at reserve fund, to be called "the carital redemption reserve fund," Â sum equal to the amount applied in redeeming the shares, and the provisions of this Ordin- relating to the reduction of the share empital of a company shall, except as provided this section, apply as if the capital uption reserve fund were paid-up share

6. the company

2016

such shares are redeemed out of pas of a fresh issue, the premium, payable on redemption, must have for out of the profits of the ore the shares are redeemed

mcluded in every balance sheet ins issued redeemable preference cuying what part of the issued consists of such shares and which se shares are, or are deemed

compy with the provisions company and every officer of dean it shall be liable to a

thousand dollars.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

(3) Subject to the provisions of this section, the redemption of preference shares thereunder may be effected on such terms and in such manner as may be provided by the articles of the company.

(4) Where in pursuance of this section a company has redeemed or is about to redeem any preference shares, it shall have power to issue shares up to the nominal amount of the shares redeemed or to be redeemed as if those shares had never been issued, and accordingly the share capital of the company shall not for the purposes of any enactments relating to stamp duty be deemed to be increased by the issue of shares in pursuance of this subsection:

Provided that, where new shares are issued before the redemption of the old shares, the new shares shall not, so far as relates to stamp duty, be deemed to have been issued in pursuance of this subsection unless the old shares are redeemed within one month after the issue of the new shares.

(5) Where new shares have been issued in pur- suance of the last foregoing subsection, the capital redemption reserve fund may, notwithstanding any- thing in this section, be applied by the company, up to an amount equal to the nominal amount of the shares so issued, in paying up unissued shares of the company to be issued to members of the company as fully paid bonus shares

49.-(1) Subject as provided in this section, it Power to shall be lawful for a company to issue at a discount issue shares shares in the company of a class already issued:

Provided that--

(a) the issue of the shares at a discount must be authorised by resolution passed in general meeting of the company, and must be sanctioned by the court;

(b) the resolution must specify the maximum rate of discount at which the shares are to be issued;

(c) not less than one year must at the date of the issue have elapsed since the date on which the company Was entitled to commence

business;

(d) the shares to be issued at a discount must be issued within one month after the date on which the issue is sanctioned by the court or within such extended time as the court may allow.

(2) Where a company has passed a resolution authorising the issue of shares at a discount, it may apply to the court for an order sanctioning the issue, and on any such application the court. if. having regard to all the circumstances of the case, it thinks proper so to do, may make an order sanetioning the issue on such terms and conditions as it thinks fit.

(3) Every prospectus relating to the issue of the shares and every balance sheet issued by the company subsequently to the issue of the bares must contain particulars of the diseomt allowed on the issue of the shares or of so much of that discount as has not been written off at the date of thi isste of the docu- ment in question.

If default is made in co the company and every is in default shall be liab

with us subsection, my who

at a dis- count.

19 & 20 Geo.

5, c. 23,

s. 47.

983

984

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Power of company to arrange for different

amounts being paid on shares.

19 & 20 Geo. 5, c. 23,

s. 48.

Reserve liability of limited

company.

19 & 20 Geo. 5, c. 23,

8. 49.

Power of

company

limited by shares to alter its

capital.

19 & 20 Geo. 5, c. 23,

s. 50.

Notice to registrar of consolida- tion of

capital, conversion

of shares

into stuck, &c.

19 & 20 Geo. 5, c. 23,

s. 51.

Miscellaneous Provisions as to Share Capital.

50. A company, if so authorised by its articles, may do any one or more of the following things-

(1) Make arrangements on the issue of shares for a difference between the shareholders in the amounts and times of payment of calls on their shares :

(2) Accept from any member the whole or a part of the amount remaining unpaid on any shares held by him, although no part of that amount has been called up:

(3) Pay dividend in proportion to the amount paid up on each share where a larger amount is paid up on some shares than on others.

51. A limited company may by special resolution determine that any portion of its share capital which has not been already called up shall not be capable of being called up, except in the event and for the purposes of the company being wound up, and there- upon that portion of its share capital shall not be capable of being called up except in the event and for the purposes aforesaid.

52.-(1) A company limited by shares or a company limited by guarantee and having a share capital, if so authorised by its articles, may alter the conditions. of its memorandum as follows, that is to say, it

may-

(a) increase its share capital by new shares of

such amount as it thinks expedient;

(b) consolidate and divide all or any of its share capital into shares of larger amount than its existing shares;

(c) convert all or any of its paid-up shares into stock, and reconvert that stock into paid-up shares of any denomination;

(d) subdivide its shares, or any of them, into shares of smaller amount than is fixed by the memorandum, so, however, that in

in the subdivision the proportion between the amount paid and the amount, if any, unpaid on each reduced share shall be the same as it was in the case of the share from which the reduced share is derived;

(e) cancel shares which, at the date of the passing of the resolution in that behalf, have not been taken or agreed to be taken by any person, and diminish the amount of its share capital by the amount of the shares so cancelled.

(2) The powers conferred by this section must be exercised by the company in general meeting.

(3) A cancellation of shares in pursuance of this section shall not be deemed to be a reduction of share capital within the meaning of this Ordinance.

53. (1) If a company having a share capital

has-

(a) consolidated and divided its share capital into shares of larger amount than its existing shares; or

(b) converted any shares into stock; or

(c) re-converted stock into shares; or (d) subdivided its shares or any of them; or (e) redeemed any redeemable preference shares;

(f) cancelled any shares, otherwise than in con- nection with a reduction of share capital under section fifty-seven of this Ordinance,

985

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

it shall within one month after so doing give notice thereof to the registrar of companies specifying, as the case may be, the shares consolidated, divided, converted, subdivided, redeemed or cancelled, or the stock re-converted.

(2) If default is made in complying with this sec- tion, the company and every officer of the company who is in default shall be liable to a default fine.

54. (1) Where a company having a share capital, Notice of whether its shares have or have not been converted increase into stock, has increased its share capital beyond the of share

capital. registered capital, it shall within fifteen days after 19 & 20 Geo. the passing of the resolution authorising the increase, 5, c. 23, give to the registrar of companies notice of the s. 52. increase, and the registrar shall record the increase.

(2) The notice to be given as aforesaid shall include such particulars as may be prescribed with respect to the classes of shares affected and the conditions subject to which the new shares have been or are to be issued, and there shall be forwarded to the registrar of companies together with the notice a printed copy of the resolution authorising the increase.

(3) If default is made in complying with this section, the company and every officer of the company who is in default shall be liable to a default fine.

55. An unlimited company having a share capital Power of may, by its resolution for registration as a limited unlimited company in pursuance of this Ordinance, do either or both of the following things, namely:-

company to provide for

reserve share (1) Increase the nominal amount of its share

　　　　　　　　　　　　capital on capital by increasing the nominal amount of re-registra- each of its shares, but subject to the condition tion. that no part of the increased capital shall be 19 & 20 Geo.

　　　　　　　　　　　　5, c. 23, capable of being called up except in the event

　　　　　　　　　　　　　　s. 53. and for the purposes of the company being wound up;

(2) Provided that a specified portion of its un- called share capital shall not be capable of being called up except in the event and for the purposes of the company being wound

up.

56.--(1) Where any shares of a company are issued Power of for the purpose of raising money to defray the company to expenses of the construction of

pay interest works or buildings any

　　　　　　　　　　　　　　　　　　　　　　　　　　out of or the provision of any plant which cannot be made capital in profitable for a lengthened period, the company may certain pay interest on so much of that share capital as is cases. for the time being paid up for the period and subject 19 & 20 Geo.

to the conditions and restrictions in this section mentioned, and may charge the sum so paid by way of interest to capital as part of the cost of construction of the work or building, or the provision of plant :

Provided that-

(a) No such payment shall be made unless it is authorised by the articles or by special resolution:

(b) No such payment, whether authorised by the articles or by special resolution, shall be made. without the previous sanction of the court. (c) Before sanctioning any such payment the court may, at the expense of the company, appoint a person to inquire and report to them as to the circumstances of the case, and may before making the appointment, require the company to give security for the payment of the costs of the inquiry:

5, c. 23,

s. 54.

986

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Special resolution

for reduction

of share capital. 19 & 20 Geo.

5, c. 23,

s. 55.

Application

to court for confirming order, objections

by creditors, and settle- ment of list of objecting

creditors. 19 & 20 Geo. 5, c. 23,

s. 56.

(d) The payment shall be made only for such period as may be determined by the court, and that period shall in no case extend beyond the close of the half year next after the haif year during which the works or buildings have been actually completed or the plant provid- ed:

(e) The rate of interest shall in no case exceed four per cent, per annum or such other rate as may for the time being be prescribed by the

court:

(f) The payment of the interest shall not operate as a reduction of the amount paid up on the shares in respect of which it is paid: (g) The accounts of the company shall show the share capital on which, and the rate at which, interest has been paid out of capital during the period to which the accounts relate:

(2) If default is made in complying with proviso (g) to subsection (1) of this section, the company and every officer of the company who is in default shall be liable to a fine not exceeding five hundred dollars.

Reduction of Share Capital.

57.-(1) Subject to confirmation by the court, a company limited by shares or a company limited by guarantee and having a share capital may, if so authorised by its articles, by special resolution reduce its share capital in any way, and in particular, with- out prejudice to the generality of the foregoing power,

may-

(a) extinguish or reduce the liability on any of its shares in respect of share capital not paid up; or

(b) either with or without extinguishing or reduc- ing liability on any of its shares, cancel any paid-up share capital which is lost or un- represented by available assets; or

reducing liability on any of its shares, pay off any paid-up share capital which is in excess of the wants of the company,

and may, if and so far as is necessary, alter its memo- randum by reducing the amount of its share capital and of its shares accordingly.

(2) A special resolution under this section is in this Ordinance referred to as a resolution for reducing share capital."

58. (1) Where a company has passed a resolution for reducing share capital, it may apply by petition to the court for an order confirming the reduction.

(2) Where the proposed reduction of share capital involves either diminution of liability in respect of unpaid share capital or the payment to any shareholder of any paid-up share capital, and in any other case if the court so directs, the following provisions shail have effect, subject nevertheless to the next following subsection:

(a) Every creditor of the company who at the date fixed by the court is entitled to any debt or claim which, if that date were the com- mencement of the winding up of the company, would be admissible in proof against the company, shall be entitled to object to the reduction :

(b) The court shall settle a list of creditors se entitled to object, and for that purpose shali ascertain, as far as possible without requiring an application from any creditor, the names

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

of those creditors and the nature and amount of their debts or claims, and may publish notices fixing a day or days within which creditors not entered on the list are to claim to be so entered or are to be excluded from the right of objecting to the reduction : (c) Where a creditor entered on the list whose debt or claim is not discharged or has not determined does not consent to the reduction, the court may, if it thinks fit, dispense with the consent of that creditor, on the company securing payment of his debt or claim by appropriating, as the court may direct, the following amount:

(i) If the company admits the full amount of the debt or claim, or, though not admitting it, is willing to provide for it, then the full amount of the debt or claim;

(ii) If the company does not admit and is not willing to provide for the full amount of the debt or claim, or if the amount is contingent or not ascertained, then an amount fixed by the court after the like inquiry and adjudication as if the company were being wound up by the court.

(3) Where a proposed reduction of share capital involves either the diminution of any liability in respect of unpaid share capital or the payment to any shareholder of any paid-up share capital, the court may, if having regard to any special circums- tances of the case it thinks proper so to do, direct that subsection (2) of this section shall not apply as regards any class or any classes of creditors.

and powers

59.-(1) The court, if satisfied, with respect to Order every creditor of the company who under the last confirming foregoing section is entitled to object to the reduction, reduction that either his consent to the reduction has been of court obtained or his debt or claim has been discharged or on making has determined, or has been secured, may make an such order.

　　　　　　　　　　　　　　　　　　　　　　19 & 20 Geo. order confirming the reduction on such terms and

5, c. 23, conditions as it thinks fit.

　　　　　　　　　　　　　　　　　　　　　　　　s. 57. (2) Where the court makes any such order, it may-

(a) if for any special reason it thinks proper so to do, make an order directing that the com- pany shall, during such period, commencing on or at any time after the date of the order as is specified in the order, add to its name as the last words thereof the words "and reduced"; and

(b) make an order requiring the company to publish as the court directs the reasons for reduction or such other information in regard thereto as the court may think expedient with a view to giving proper information to the public, and, if the court thinks fit, the causes which led to the reduction.

(3) Where a company is ordered to add to its name the words "and reduced," those words shall, until the expiration of the period specified in the order, be deemed to be part of the name of the company.

minute of

60.--(1) The registrar of companies, on production Registra- to him of an order of the court confirming the tion of reduction of the share capital of a company, and the order and delivery to him of a copy of the order and of a minute reduction. approved by the court, showing with respect to the 19 & 20 Geo. share capital of the company, as altered by the order, 5, c. 23, the amount of the share capital, the number of shares s. 58. into which it is to be divided, and the amount of each share, and the amount, if any, at the date of the registration deemed to be paid up on each share, shall register the order and minute.

987

988

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Liability of members in respect of reduced shares.

19 & 20 Geo. 5, c. 23, s. 59.

Fenalty on concealment

of name of creditor.

19 & 20 Geo. 5, c. 23,

s. 60.

(2) On the registration of the order and minute, and not before, the resolution for reducing share capital as confirmed by the order so registered shall take effect.

(3) Notice of the registration shall be published in such manner as the court may direct.

(4) The registrar shall certify under his hand the registration of the order and minute, and his certificate shall be conclusive evidence that all the requirements of this Ordinance with respect to reduction of share capital have been complied with, and that the share capital of the company is such as is stated in the minute.

(5) The minute when registered shall be deemed to be substituted for the corresponding part of the memorandum, and shall be valid and alterable as if it had been originally contained therein.

(6) The substitution of any such minute as aforesaid for part of the memorandum of the company shail be deemed to be an alteration of the memorandum within the meaning of section twenty-six of this Ordinance.

61.-(1) In the case of a reduction of share capital, a member of the company, past or present, shall not be liable in respect of any share to any call or contribution exceeding in amount the difference, if any, between the amount of the share as fixed by the minute and the amount paid, or the reduced amount, if any, which is to be deemed to have been paid, on the share, as the case may be:

Provided that, if any creditor, entitled in respect of any debt or claim to object to the reduction of share capital, is, by reason of his ignorance of the proceedings for reduction, or of their nature and effect with respect to his claim, not entered on the list of creditors, and, after the reduction, the company is unable, within the meaning of the provisions of this Ordinance with respect to winding up by the court, to pay the amount of his debt or claim, then-- (a) every person who was a member of the com- pany at the date of the registration of the order for reduction and minute, shall be liable to contribute for the payment of that debt or claim an amount not exceeding the amount which he would have been liable to contribute if the company had commenced to be wound up on the day before the said date; and (b) if the company is wound up, the court, on the application of any such creditor and proof of his ignorance as aforesaid, may, if it thinks fit, settle accordingly a list of persons so liable to contribute, and make and enforce calls and orders on the contributories settled on the list, as if they were ordinary contribu- tories in a winding up.

(2) Nothing in this section shall affect the rights of the contributories among themselves.

62. If any director, manager, secretary or other officer of the company-

any

creditor

(1) wilfully conceals the name of

entitled to object to the reduction; or (2) wilfully misrepresents the nature or amount of the debt or claim of any creditor; or (3) aids, abets or is privy to any such concealment

or misrepresentation as aforesaid,

he shall be guilty of a misdemeanour.

}

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Variation of Shareholders' Rights.

s. 61.

63.-(1) If in the case of a company, the share Rights of capital of which is divided into different classes of holders of

　　　　　　　　　　　　　　　　　　special shares, provision is made by the memorandum or classes of articles for authorising the variation of the rights shares. attached to any class of shares in the company, 19 & 20 Geo. subject to the consent of any specified proportion 5, c. 23, of the holders of the issued shares of that class or the sanction of a resolution passed at a separate meeting of the holders of those shares, and in pursuance of the said provision the rights attached to any such class of shares are at any time varied, the holders of not less in the aggregate than fifteen per cent. of the issued shares of that class, being persons who did not consent to or vote in favour of the resolution for the variation, may apply to the court to have the variation cancelled, and, where any such application is made, the variation shall not have effect unless and until it is confirmed by the court.

(2) An application under this section must be made within seven days after the date on which the consent was given or the resolution was passed, as the case may be, and may be made on behalf of the share- holders entitled to make the application by such one or more of their number as they may appoint in writing for the purpose.

(3) On any such application the court, after hearing the applicant and any other persons who apply to the court to be heard and appear to the court to be interested in the application, may, if it is satisfied, having regard to all the circumstances of the case, that the variation would unfairly prejudice the share- holders of the class represented by the applicant, disallow the variation and shall, if not so satisfied, confirm the variation.

(4) The decision of the court on any such applica- tion shall be final.

(5) The company shall within fifteen days after the making of an order by the court on any such applica- tion forward a copy of the order to the registrar of companies, and, if default is made in complying with this provision, the company and every officer of the company who is in default shall be liable to a default fine.

(6) The expression "variation" in this section includes abrogation and the expression "varied" sha.l be construed accordingly.

Transfer of Shares and Debentures, Evidence of

Title &c.

64.-(1) The shares or other interest of any mem- Nature of ber in a company shall be personal estate, transferable shares. in manner provided by the articles of the company, 19 & 20 Geo. and shall not be of the nature of real estate

989

5, c. 23, 8. 62.

(2) Each share in a company having a share capital shall be distinguished by its appropriate number.

Transfer

65. Notwithstanding anything in the articles of company, it shall not be lawful for the company to not to be register a transfer of shares in or debentures of the registered company unless a proper instrument of transfer has been delivered to the company :

except on production of instru- ment of transfer.

Provided that nothing in this section shall prejudice 19 & 20 Geo. any power of the company to register as shareholder 5, c. 23, or debenture holder any person to whom the right to s. 63. any shares in or debentures of the company has been transmitted by operation of law.

990 THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Transfer by personal representa 19 & 20 Geo. 5, c. 2.z s. 64.

tive.

Registration of transfer at request of trans- feror.

19 & 20 Geo. 5, c. 23, s. 65.

Notice of

refusal to register transfer.

19 & 20 Geo. 5, c. 23,

s. 66.

Duties of

company

to issue of certificates.

19 & 20 Geo. 5, c. 23,

66. A transfer of the share or other interest of a deceased member of a company made by his personal representative shall, although the personal representa- tive is not himself a member of the company, be as valid as if he had been such a member at the time of the execution of the instrument of transfer.

67. On the application of the transferor of any share or interest in a company, the company shall enter in its register of members the name of the transferee in the same manner and subject to the same conditions as if the application for the entry were made by the transferec.

68.-(1) If a company refuses to register a transfer of any shares or debentures, the company shall, within two months after the date on which the transfer was lodged with the company, send to the transferee notice of the refusal.

(2) If default is made in complying with this section, the company and every director, manager, secretary or other officer of the company who is knowingly a party to the default shall be liable to a fine not exceeding fifty dollars for every day during which the default continues.

69.-(1) Every company shall, within two months. after the allotment of any of its shares, debentures, with respect or debenture stock, and within two months after the

date

on which transfer of any

such shares, debentures, or debenture stock, is lodged with the company, complete and have ready for delivery the certificates of all shares, the debentures, and the certificates of all debenture stock allotted or trans- ferred, unless the conditions of issue of the shares, debentures, or debenture stock otherwise provide.

$. 67.

Ordinance No. 8 of 1921.

Certificate to be evidence of title. 19 & 20 Geo. 5, c. 23, 8. 68.

Evidence of grant of

probate. 19 & 20 Geo. 5, c. 23, 8. 69.

The expression "transfer" for the purpose of this subsection means a transfer duly stamped and other- wise valid, and does not include such a transfer as the company is for any reason entitled to refuse to register and does not register.

(3) If any company on whom a notice has been served requiring the company to make good any default in complying with the provisions of subsection (1) of this section fails to make good the default with- in ten days after the service of the notice, the court may, on the application of the person entitled to have the certificates or the debentures delivered to him, make an order directing the company and any officer of the company to make good the default within such time as may be specified in the order, and any such order may provide that all costs of and incidental to the application shall be borne by the company or by any officer of the company responsible for the default.

70. A certificate, under the common seal of the company, specifying any shares held by any member, shall be primâ facie evidence of the title of the mem- ber to the shares.

71. The production to a company of any document which is by law sufficient evidence of probate of the will, or letters of administration of the estate, or confirmation as executor, of a deceased person having been granted to some person shall be accepted by the company, notwithstanding anything in its articles, as sufficient evidence of the grant.

}

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

warrants

72.-(1) A company limited by shares, if SO Issue and authorised by its articles, may, with respect to any effect of fully paid-up shares, issue under its common seal a share warrant stating that the bearer of the warrant is to bearer. entitled to the shares therein specified, and may 19 & 20 Geo. provide, by coupons or otherwise, for the payment 5, c. 23, of the future dividends on the shares included in the s. 70. warrant.

(2) Such a warrant as aforesaid is in this Ordinance termed a "share warrant."

(3) A share warrant shall entitle the bearer thereof to the shares therein specified, and the shares may be transferred by delivery of the warrant.

of share-

73. If any person falsely and deceitfully personates Penalty for any owner of any share or interest in any company, personation or of any share warrant or coupon, issued in pursuance holder. of this Ordinance, and thereby obtains or endeavours 19 & 20 Geo. to obtain any such share or interest or share warrant 5, c. 23, or coupon, or receives or endeavours to receive any s. 71. money due to any such owner, as if the offender were the true and lawful owner, he shall be guilty of felony, and shall on conviction thereof be liable to imprisonment for life.

Special Provisions as to Debentures.

shareholders

74.-(1) Every register of holders of debentures Right of of a company shall, except when duly closed, be open debenture to the inspection of the registered holder of any such holders and debentures, and of any holder of shares in the to inspect company, but subject to such reasonable restrictions register of as the company may in general meeting impose, so debenture that not less than two hours in each day shall be holders and allowed for inspection.

to have copies of trust deed.

s. 73.

For the purposes of this subsection, a register shall 19 & 20 Geo. be deemed to be duly closed if closed in accordance 5, c. 23, with provisions contained in the articles or in the debentures or, in the case of debenture stock, in the stock certificates, or in the trust deed or other docu- ment securing the debentures or debenture stock, during such period or periods, not exceeding in the whole thirty days in any year, as may be therein specified.

(2) Every registered holder of debentures and every holder of shares in a company may require a copy of the register of the holders of debentures of the company or any part thereof on payment of twenty- five cents for every hundred words required to be copied.

(3) A copy of any trust deed for securing any issue of debentures shall be forwarded to every holder of any such debentures at his request on payment in the case of a printed trust deed of the sum of one dollar or such less sum as may be prescribed by the company, or, where the trust deed has not been printed, on payment of twenty-five cents for every hundred words required to be copied.

(4) If inspection is refused, or a copy is refused or not forwarded, the company and every officer of the company who is in default shall be liable to a fine not exceeding fifty dollars, and further shall be liable to a default fine of twenty dollars.

(5) Where a company is in default as aforesaid, the court may by order compel an immediate inspection of the register or direct that the copies required shall be sent to the person requiring them.

75. A condition contained in any debentures or Perpetual in any deed for securing any debentures, whether debentures. issued or executed before or after the commencement

　　　　　　　　　　　　　　　　　　　　　　　　　19 & 20 Geo. of this Ordinance shall not be invalid by reason only. 74.

5, c. 23,

991

992

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Power to re-issue redeemed debentures

in certain

cases.

19 & 20 Geo. 5, c. 23,

s. 75.

Ordinance

No. 8 of 1921.

Ordinance No. 58 of 1911.

Specific

that the debentures are thereby made irredeemable or redeemable only on the happening of a contingency, however remote, or on the expiration of a period, however long, any rule of equity to the contrary notwithstanding.

76.-(1) Where either before or after the com- mencement of this Ordinance a company has redeemed any debentures previously issued, then-

(a) unless any provision to the contrary, whether express or implied, is contained in the articles or in any contract entered into by the com- pany; or

(b) unless the company has, by passing a resolu- tion to that effect or by some other act, manifested its intention that the debentures shall be cancelled,

the company shall have, and shall be deemed always to have had, power to re-issue the debentures, either by re-issuing the same debentures or by issuing other debentures in their place.

(2) On a re-issue of redeemed debentures the person entitled to the debentures shall have, and shall be deemed always to have had, the same priorities as if the debentures had never been redeemed.

(3) Where a company has power to re-issue deben- tures which have been redeemed, particulars with respect to the debentures which can be so re-issued shall be included in every balance sheet of the com- pany.

(4) Where a company has either before or after the passing of this Ordinance deposited any of its deben- tures to secure advances from time to time on current account or otherwise, the debentures shall not be deemed to have been redeemed by reason only of the account of the company having ceased to be in debit whilst the debentures remained so deposited.

(5) The re-issue of a debenture or the issue of another debenture in its place under the power by this section given to, or deemed to have been possessed by, a company, whether the re-issue or issue was made before or after the passing of this Ordinance, shall be treated as the issue of a new debenture for the purposes of stamp duty, but it shall not be so treated for the purposes of any provision limiting the amount or number of debentures to be issued:

Provided that any person lending money on the security of a debenture re-issued under this section. which appears to be duly stamped may give the deben- ture in evidence in any proceedings for enforcing his security without payment of the stamp duty or any penalty in respect thereof, unless he had notice or, but for his negligence, might have discovered, that the debenture was not duly stamped, but in any such case the company shall be liable to pay the proper stamp duty and penalty.

(6) Where any debentures which have been re- deemed before the date of the commencement of this Ordinance are re-issued subsequently to that date, the re-issue of the debentures shall not prejudice any right or priority which any person would have had under or by virtue of any mortgage or charge created before the date of the commencement of this Ordin- ance, if section one hundred and six of the Companies Ordinance, 1911, as originally enacted, had been enacted in this Ordinance instead of this section.

77. A contract with a company to take up and performance pay for any debentures of the company may he

enforced by an order for specific performance.

of con-

tracts to subscribe for debentures. 19 & 20 Geo. 5, c. 23, s.*76.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

debts out

claims under

78.-(1) Where, in the case of a company registered Payment in this Colony, either a receiver is appointed on behalf of certain of the holders of any debentures of the company of assets secured by a floating charge, or possession is taken subject to by or on behalf of those debenture holders of any floating property comprised in or subject to the charge, then, charge in if the company is not at the time in course of being priority to wound up, the debts, which in every winding-up are the charge. under the provisions of Part V of this Ordinance 19 & 20 Geo. relating to preferential payments to be paid in priority 5, c. 23, to all other debts, shall be paid out of any assets s. 78. coming to the hands of the receiver or other person taking possession as aforesaid in priority to any claim for principal or interest in respect of the debentures.

(2) The period of time mentioned in the said provi- sions of Part V of this Ordinance shall be reckoned from the date of the appointment of the receiver or of possession being taken as aforesaid, as the case may be.

(3) Any payments made under this section shall be recouped as far as may be out of the assets of the company available for payment of general credi tors.

993

PART III.

REGISTRATION OF CHARGES.

Registration of Charges with Registrar of Companies.

registered

s. 79.

79.-(1) Subject to the provisions of this Part of Registration this Ordinance, every charge created after the fixed of charges date by a company registered in the Colony and created by being a charge to which this section applies shall, so companies far as any security on the company's property or in the undertaking is conferred thereby, be void against the Colony. liquidator and any creditor of the company, unless the 19 & 20 Geo. prescribed particulars of the charge, together with the 5, c. 23, instrument, if any, by which the charge is created or evidenced, are delivered to or received by the registrar of companies for registration in manner required by this Ordinance within five weeks after the date of its creation, but without prejudice to any contract or obligation for repayment of the money thereby secured, and when a charge becomes void under this section the money secured thereby shall immediately become payable.

(2) This section applies to the following charges:- (a) a charge for the purpose of securing any issue

of debentures;

(b) a charge on uncalled share capital of the

company;

(c) a charge created or evidenced by an instru- ment which, if executed by an individual. would require registration as a bill of sale; (d) a charge on land, wherever situate, or any

interest therein;

(e) a charge on book debts of the company; (f) a floating charge on the undertaking r

property of the company;

(g) a charge on calls made but not paid; (h) a charge on a ship or any share in a ship; (i) a charge on goodwill, on a patent or a licence under a patent, on a trademark or on A copyright or a licence under a copyright.

(3) In the case of a charge created out of the Colony (or, in the case of a China company, created outside the district of the British Consulate of Shang- hai) comprising solely property situate outside the

994

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Colony (or, in the case of a China company, outside the said district) the delivery to and the receipt by the re gistrar of a copy verified in the prescribed manner of the instrument by which the charge is created or evidenced, shall have the same effect for the purposes of this section as the delivery and receipt of the instrument itself, and five weeks after the date on which the instrument or copy could, in due course of post, and if despatched with due diligence, have been received in the Colony (or Shanghai, in the case of a China company) shall be substituted for five weeks after the date of the creation of the charge, as the time within which the particulars and instrument or copy are to be delivered to the registrar.

(4) Where a charge is created in the Colony but comprises property outside the Colony (or where, in the case of a China company, it is created within the limits of the China Orders in Council but comprises property outside the said limits) the instrument creating or purporting to create the charge may be sent for registration under this section notwithstanding that further proceedings may be necessary to make the charge valid or effectual according to the law of the country in which the property is situate.

(5) Where a negotiable instrument has been given to secure the payment of any book debts of a com- pany the deposit of the instrument for the purpose of securing an advance to the company shall not for the purposes of this section be treated as a charge on those book debts.

(6) The holding of debentures entitling the holder to a charge on land shall not for the purposes of this section be deemed to be an interest in land.

(7) Where a series of debentures containing, or giving by reference to any other instrument, any charge to the benefit of which the debenture holders of that series are entitled pari passu is created by a company, it shall for the purposes of this section be sufficient if there are delivered to or received by the registrar within five weeks after the execution of the deed containing the charge or, if there is no such deed, after the execution of any debentures of the series, the following particulars :-

(a) the total amount secured by the whole series;

and

(b) the dates of the resolutions authorising the issue of the series and the date of the covering deed, if any, by which the security is created or defined; and

and

(d) the names of the trustees, if any,

debenture holders;

for the

together with the deed containing the charge, or, if there is no such deed, one of the debentures .of the series :

Provided that, where more than one issue is made of debentures in the series, there shall be sent to the registrar for entry in the register particulars of the date and amount of each issue, but an omission to do this shall not affect the validity of the deben- tures issued.

(8) Where any commission, allowance, or discount has been paid or made either directly or indirectly by a company to any person in consideration of his subscribing or agreeing to subscribe, whether absolute- ly or conditionally, for any debentures of the company, or procuring or agreeing to procure subscriptions, whether absolute or conditional, for any such deben- tures, the particulars required to be sent for registration under this section shall include particulars as to the amount or rate per cent. of the commission, discount,

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932. 995

or allowance so paid or made, but omission to do this shall not affect the validity of the debentures issued:

Provided that the deposit of any debentures as security for any debt of the company shall not for the purposes of this subsection be treated as the issue of the debentures at a discount.

(9) In this Part of this Ordinance--

(a) the expression "charge" includes mortgage; (b) the expression "the fixed date" means in relation to the charges specified in paragraphs (a) to (f), both inclusive, of subsection (2) of this section, the first day of January, nineteen hundred and twelve, and in relation to the charges specified in paragraphs (g) to (i), both inclusive, of the said subsection, the com- mencement of this Ordinance.

80.-(1) It shall be the duty of a company to send Duty of to the registrar of companies for registration the parti- company culars of every charge created by the company and to register of the issues of debentures of a series, requiring regis- created by

　　　　　　　　　　　　　　　　　　charges tration under the last foregoing section, but registra- company. tion of any such charge may be effected on the 19 & 20 Geo. application of any person interested therein.

5, c. 23, s. 80.

(2) Where registration is effected on the application of some person other than the company, that person shall be entitled to recover from the company the amount of any fees properly paid by him to the registrar on the registration.

(3) If any company makes default in sending to the registrar for registration the particulars of any charge created by the company, or of the issues of debentures of a series, requiring registration as afore. said, then, unless the registration has been effected on the application of some other person, the company and every director, manager, secretary or other person, who is knowingly a party to the default shall be liable to a fine not exceeding five hundred dollars for every day during which the default continues.

19 & 20 Geo.

81.-(1) Where after the commencement of this Duty of Ordinance a company registered under this Ordinance company acquires any property which is subject to a charge of

to register charges any such kind as would, if it had been created by the existing on company after the acquisition of the property, have property been required to be registered under this Part of this acquired. Ordinance, the company shall cause the prescribed 5. c. 23, particulars of the charge, together with a copy s. 81. (certified in the prescribed manner to be a correct copy) of the instrument, if any, by which the charge was created or is evidenced, to be delivered to the registrar of companies for registration in manner required by this Ordinance within five weeks after the date on which the acquisition is completed:

Provided that, if the property is situate and the charge was created outside the Colony (or, in the case of a China company, outside the district of the British Consulate at Shanghai), five weeks after the date on which the copy of the instrument could in due course of post, and if despatched with due diligence, have been received in the Colony (or in such district, in the "ase of a China company) shall be substituted for five weeks after the completion of the acquisition as the time within which the particulars and the copy of the instrument are to be delivered to the registrar.

(2) If default is made in complying with this section, the company and every officer of the company who is in default shall be liable to a default fine of five hundred dollars.

996 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Endorse- ment of certificate of registra- tion on de- bentures.

19 & 20 Geo. 5, c. 23, s. 83.

Entry of satisfaction. 19 & 20 Geo. 5, c. 23,

8. 84.

Rectification

of register

of charges. 19 & 20 Geo. 5, c. 23,

s. 85.

82.-(1) The registrar of companies shall keep, with respect to each company, a register in the prescribed form of all the charges requiring registration under this Part of this Ordinance, and shall, on payment of the prescribed fee, enter in the register with respect to such charges the following particulars:

(a) in the case of a charge to the benefit of which the holders of a series of debentures are entitled, such particulars as are specified in subsection (7) of section seventy-nine of this Ordinance;

(b) in the case of any other charge-

(i) if the charge is a charge created by the company, the date of its creation, and if the charge was a charge existing on pro- perty acquired by the company, the date of the acquisition of the property; and

(ii) the amount secured by the charge; and

(iii) short particulars of the property charged; and

(iv) the persons entitled to the charge.

(2) The registrar shall give a certificate under his hand of the registration of any charge registered in pursuance of this Part of this Ordinance stating the amount thereby secured, and the certificate shall be conclusive evidence that the requirements of this Part of this Ordinance as to registration have been com- plied with.

(3) The register kept in pursuance of this section shall be open to inspection by any person on payment of the prescribed fee, not exceeding one dollar for each inspection.

(4) The registrar shall keep a chronological index, in the prescribed form and with the prescribed particu- lars, of the charges entered in the register.

83.--(1) The company shall cause a copy of every certificate of registration given under the last fore- going section to be endorsed on every debenture or certificate of debenture stock which is issued by the company, and the payment of which is secured by the charge so registered:

Provided that nothing in this subsection shall be construed as requiring a company to cause a certificate of registration of any charge so given to be endorsed on any debenture or certificate of debenture stock issued by the company before the charge was created.

(2) If any person knowingly and wilfully authorises or permits the delivery of any debenture or certificate of debenture stock which under the provisions of this section is required to have endorsed on it a copy of a certificate of registration without the copy being so endorsed upon it, he shall, without prejudice to any other liability, be liable to a fine not exceeding one thousand dollars.

84. The registrar of companies may, on evidence being given to his satisfaction that the debt for which any registered charge was given has been paid or satisfied, order that a memorandum of satisfaction be entered on the register, and shall, if required, furnish the company with a copy thereof.

85. The court, on being satisfied that the omission to register a charge within the time required by this Ordinance, or that the omission or misstatement of any particular with respect to any such charge or in a memorandum of satisfaction, was accidental, or due to inadvertence or to some other sufficient cause, or

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

is not of a nature to prejudice the position of creditors or shareholders of the company, or that on other grounds it is just and equitable to grant relief, may, on the application of the company or any person interested, and on such terms and conditions as seem to the court just and expedient, order that the time for registration shall be extended, or, as the case may be, that the omission or misstatement shall be rectified.

ment of

86.-(1) If any person obtains an order for the Registration appointment of a receiver or manager of the property of enforce- of a company, or appoints such a receiver or manager security. under any powers contained in any instrument, he 19 & 20 Geo. shall, within seven days from the date of the order 5, c. 23, or of the appointment under the said powers, give s. 86. notice of the fact to the registrar of companies, and the registrar shall, on payment of the prescribed fee,

enter the fact in the register of charges.

(2) Where any person appointed receiver or manager of the property of a company under the powers con- tained in any instrument ceases to act as such receiver or manager, he shall, on so ceasing, give the registrar of companies notice to that effect, and the registrar shall enter the notice in the register of charges.

(3) If any person makes default in complying with the requirements of this section, he shall be liable to a fine not exceeding fifty dollars for every day during which the default continues.

Provisions as to Company's Register of Charges and

as to Copies of Instruments creating Charges. 87. Every company shall cause a copy of every Copies of instrument creating any charge requiring registration instruments under this Part of this Ordinance to be kept at the creating registered office of the company:

charges to be kept by company.

Provided that, in the case of a series of uniform 19 & 20 Geo. debentures, a copy of one debenture of the series shail 5, c. 23, be sufficient.

s. 87.

88.-(1) Every limited company shall keep at the Company's registered office of the company a register of charges register of and enter therein all charges specifically affecting pro- charges. perty of the company and all floating charges on the 5. c. 23,

19 & 20 Geo. undertaking or any property of the company, giving s. 88. in each case a short description of the property charged, the amount of the charge, and, except in the case of securities to bearer, the names of the persons entitled thereto.

(2) If any director, manager, or other officer of the company knowingly and wilfully authorises or permits the omission of any entry required to be made in pursuance of this section, he shall be liable to a fine not exceeding five hundred dollars.

89.-(1) The copies of instruments creating any Right to charge requiring registration under this Part of this inspect Ordinance with the registrar of companies, and the copies of register of charges, kept in pursuance of the last instruments foregoing section, shall be open during business hours mortgages

creating (but subject to such reasonable restrictions as the and charges company in general meeting may impose, so that not and com less than two hours in each day shall be allowed for Pany's inspection) to the inspection of any creditor or mem-

register of charges. ber of the company without fee, and the register of 19 & 20 Geo. charges shall also be open to the inspection of any 5, c. 23, other person on payment of such fee, not exceeding one dollar for each inspection, as the company may prescribe.

(2) If inspection of the said copies or register is refused, any officer of the company refusing inspection, and every director and manager of the company authorising or knowingly and wilfully permitting the

s. 89.

997

998.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Application of Part III to charges created, and property subject to charge ac- quired by

refusal, shall be liable to a fine not exceeding fifty dollars, and a further fine not exceeding twenty dollars for every day during which the refusal continues.

(3) If any such refusal occurs in relation to a com- pany registered in the Colony, the court may by order compel an immediate inspection of the copies or register.

Application of Part III. to Companies incorporated outside the Colony.

90. The provisions of this Part of this Ordinance shall extend to charges on property in the Colony which are created, and to charges on property in the Colony which is acquired, after the commencement of this Ordinance, by a company (whether a company within the meaning of this Ordinance or not) incor- porated outside the Colony which has an established incorporated place of business in the Colony.

company

outside

the Colony.

19 & 20 Geo.

5, c. 23,

S. 90.

Provision

as to charges created, and charges on property acquired, by company before com- mencement of Ordin-

ance.

19 & 20 Geo. 5, c. 23,

s. 91.

Transitional Provision as to matters required to be registered under this Ordinance, but not under former Ordinances.

91.-(1) It shall be the duty of a company within six months after the commencement of this Ordinance to send to the registrar of companies for registration the prescribed particulars of-

(a) any charge created by the company before the date of the commencement of this Ordin- ance and remaining unsatisfied at that date, which would have been required to be regis- tered under the provisions of paragraphs (g), (h) and (i) of subsection (2) of section seventy-nine of this Ordinance or under the provisions of section ninety of this Ordinance, if the charge had been created after the com- mencement of this Ordinance; and

(b) any charge to which any property acquired by the company before the commencement of this Ordinance is subject and which would have been required to be registered under the provisions of section eighty-one of this Ordin- ance or under the provisions of section ninety of this Ordinance, if the property had been acquired after the commencement of this Ordinance.

(2) The registrar, on payment of the prescribed fee, shall enter the said particulars on the register kept by him in pursuance of this part of this Ordinance.

(3) If a company fails to comply with this section, the company and every director, manager, secretary or other officer of the company, or other person who is knowingly a party to the default shall be liable to a fine not exceeding five hundred dollars for every day during which the default continues:

Provided that the failure of the company shall not prejudice any rights which any person in whose favour the charge was made may have thereunder.

(4) For the purposes of this section, the expression 'company" includes a company (whether a company within the meaning of this Ordinance or not) incor- porated outside the Colony which has an established place of business in the Colony.

Registered

office of

company.

19 & 20 Geo. 5, c. 23, s. 92.

PART IV.

MANAGEMENT AND ADMINISTRATION. Registered Office and Name.

92.-(1) A company shall, as from the day on which it begins to carry on business or as from the twenty-eighth day after the date of its incorporation, whichever is the earlier, have a registered office in the Colony (or, in the case of a China company, within

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2,

the limits of the China Orders in Council) to which all communications and notices may be addressed.

(2) Notice of the situation of the registered office, and of any change therein, shall be given within twenty-eight days after the date of the incorporation of the company or of the change, as the case may be, to the registrar of companies, who shall record the same.

The inclusion in the annual return of a company of a statement as to the address of its registered office shall not be taken to satisfy the obligation imposed by this subsection.

(3) If default is made in complying with this sec- tion, the company and every officer of the company who is in default shall be liable to a default fine.

93. (1) Every company-

company.

(a) shall paint or affix, and keep painted or Publication affixed, its name on the outside of every office of name by or place in which its business is carried on, 19 & 20 Geo. in a conspicuous position, in letters easily 5, c. 23, legible;

(b) shall have its name engraven in legible

characters on its seal;

(c) shall have its name mentioned in legible characters in all notices, advertisments, and other official publications of the company, and in all bills of exchange, promissory notes, endorsements, cheques, and orders for money or goods purporting to be signed by or on behalf of the company, and in all bills of parcels, invoices, receipts, and letters of credit of the company.

(2) Every limited company (other than a company licensed to be registered without the addition of the word "Limited" to its name)-

(a) which exhibits outside or inside its registered office or outside or inside any office or place in which its business is carried on, or

(b) which uses on its seal, or (c) which uses in any notice, advertisement or other official publication of the company, or in any contract, deed, bill of exchange, promis- sory note, indorsement, cheque, or order for money or goods purporting to be signed by or on behalf of the company, or in any bill of parcels, invoice, receipt or letter of credit of the company, or in any trade catalogue, trade. circular, show card or business letter,-

any name of or for the company in Chinese characters, whether such name be a transliteration or translation of its name in the memorandum or not, shall append to such name so used in Chinese characters the Chinese characters

(and, if a China company, shall also prefix thereto the Chinese characters):

Provided that it shall be lawful for the Governor (in the case of any company other than a China company, and for the Minister in the case of any China com- pany), by licence to direct that such company shall be exempted, wholly or in part, from the requirements of this sub-section, and to revoke any such licence.

(3) If a company does not paint or affix its name in manner directed by this Ordinance, the company and every officer of the company who is in default shall be liable to a fine not exceeding fifty dollars, and if a company does not keep its name painted or affixed in manner so directed, the company and every officer of the company who is in default shall be liable to a default fine.

s. 93.

1932.

999

1000

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Restrictions

on com-

mencement

of business.

19 & 20 Geo. 5, c. 23,

s. 94.

(4) If a company fails to comply with any of the provisions of sub-sections (1) and (2) of this section, the company shall be liable to a fine not exceeding five hundred dollars.

(5) If a director, manager, or officer of a company, or any person on its behalf-

(a) uses or authorises the use of any seal pur- porting to be a seal of the company whereon its name is not so engraven as aforesaid;

(b) issues or authorises the issue of any notice, advertisement, or other official publication of the company, or signs or authorises to be signed on behalf of the company any bill of exchange, promissory note, endorsement, cheque, or order for money or goods, wherein its name is not mentioned in manner afore- said; or

(c) issues or authorises the issue of any bill of parcels, invoice, receipt, or letter of credit of the company, wherein its name is not mentioned in manner aforesaid;

he shall be liable to a fine not exceeding five hundred dollars and shall further be personally liable to the holder of the bill of exchange, promissory note, cheque, or order for money or goods, for the amount thereof, unless it is duly paid by the company.

Restrictions on Commencement of Business.

94.-(1) Where a company having a share capital has issued a prospectus inviting the public to subscribe for its shares, the company shall not commence any business or exercise any borrowing powers unless-

(a) shares held subject to the payment of the whole amount thereof in cash have been allotted to an amount not less in the whole than the minimum subscription; and

(b) every director of the company has paid to the company, on each of the shares taken or contracted to be taken by him and for which he is liable to pay in cash, a proportion equal to the proportion payable on application and allotment on the shares offered for public subscription; and

(c) there has been delivered to the registrar of companies for registration a statutory declaration by the secretary or one of the directors, in the prescribed form, that the aforesaid conditions have been complied with.

(2) Where a company having a share capital has not issued a prospectus inviting the public to subscrioe for its shares, the company shall not commence any business or exercise any borrowing powers, unless-

(a) there has been delivered to the registrar of companies for registration a statement in lieu of prospectus; and

(b) every director of the company has paid to the company, on each of the shares taken or con- tracted to be taken by him and for which he is liable to pay in cash, a proportion equal to the proportion payable on application and allotment on the shares payable in cash; and (c) there has been delivered to the registrar of companies for registration a statutory declara- tion by the secretary or one of the directors in the prescribed form that paragraph (b) of this subsection has been complied with.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932. 1001

(3) The registrar of companies shall, on the delivery to him of the said statutory declaration, and, in the case of a company which is required by this section to deliver a statement in lieu of prospectus, of such a statement, certify that the company is entitled to commence business, and that certificate shall be conclusive evidence that the company is so entitled

(4) Any contract made by a company before the date at which it is entitled to commence business shall be provisional only, and shall not be binding n the company until that date, and on that date it shall become binding.

(5) Nothing in this section shall prevent the simul. taneous offer for subscription or allotment of any shares and debentures or the receipt of any money payable on application for debentures.

(6) If any company commences business or exercises borrowing powers in contravention of this section, every person who is responsible for the contravention shall, without prejudice to any other liability, be liable to a fine not exceeding five hundred dollars for every day during which the contravention continues.

(7) If a company fails to obtain a certificate to commence business within one year of the date of its incorporation, the registrar of companies shall send by registered post to the company at its registered office a letter calling upon the company to apply for the said certificate.

(8) If the company fails to obtain the said certificate within one month of the posting of the said letter, the registrar of companies shall publish in the Gazette a notice to the effect that the company will be struck off the register if it fails to obtain the said certificate within two months after the publication of the said notice.

(9) If the company fails to obtain the said certificate within two months of the publication of the said notice, the registrar of companies shall strike the company off the register and shall publish in the Gazette a notification to the effect that the company has been struck off the register.

(10) Upon the publication in the Gazette of the said. notification, the company shall be deemed to be dis- solved.

(11) If any company is struck off the register or dissolved under the provisions of this section, the court, on the application of the company or of any member or creditor thereof may, on any ground which may seem fit to the court, order that the company he restored to the register, either permanently or temporarily, and may make such restoration subject to any condition which may seem fit to the court.

(12) Upon the making of any such order, the com- pany shall be restored to the register and shall, subject. to any order which the court may make, be deemed to have continued in existence as if it had not been struck off the register, and the court may give any directions which may seem necessary in the circumstances.

1002

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

19 & 20 Geo.

5, c. 23, $. 95.

Index of

members of

company. 19 & 20 Geo. 5, c. 23,

s. 96.

Provisions

as to entries in register in relation to share warrants.

19 & 20 Geo. 5, c. 23, s. 97.

(13) If no office of the company has been registered, copies of the letter referred to in sub-section (7) shall be sent by the registrar of companies by registered post to each of the persons who subscribed the memo- randum of the company at the respective addresses. given therein.

(14) Nothing in this section shall apply to-

(a) a private company; or

(b) a company registered before the first day of

January, nineteen hundred and twelve.

95.-(1) Every company shall keep in one or more books in the English language a register of its men- bers, and enter therein the following particulars:

(a) The names and addresses, and the occupa- tions, if any, of the members, (and in the case of Chinese members their names shall be given both in English and Chinese charac- ters) and in the case of a company having a share capital a statement of the shares held by each member, distinguishing each share by its number. and of the amount paid or agreed to be considered as paid on the shares of each member;

(b) The date at which each person was entered

in the register as a member;

member:

Provided that, where the company has converted any of its shares into stock and given notice of the conversion to the registrar of companies, the register shall show the amount of stock held by each member instead of the amount of shares and the particulars relating to shares specified in paragraph (a) of this subsection.

(2) If default is made in complying with this sec- tion, the company and every officer of the company who is in default shall be liable to a default fine.

96.-(1) Every company having more than fifty members shall, unless the register of members is in such a form as to constitute in itself an index, keep an index of the names of the members of the company and shall, within fourteen days after the date on which any alteration is made in the register of members, make any necessary alteration in the index.

(2) The index, which may be in the form of a card index, shall in respect of each member contain a sufficient indication to enable the account of that member in the register to be readily found.

(3) If default is made in complying with this sec- tion, the company and every officer of the company who is in default shall be liable to a default fine.

97.-(1) On the issue of a share warrant the com- pany shall strike out of its register of members the name of the member then entered therein as holding the shares specified in the warrant as if he had ceased to be a member, and shall enter in the register the following particulars, namely:-

(a) The fact of the issue of the warrant;

(b) A statement of the shares included in the warrant, distinguishing each share by its number; and

(2) The bearer of a share warrant shall, subject to the articles of the company, be entitled, on surrender. ing it for cancellation, to have his name entered as a member in the register of members.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

(3) The company shall be responsible for any loss incurred by any person by reason of the company entering in the register the name of a bearer of a share warrant in respect of the shares therein specified without the warrant being surrendered and cancelled.

(4) Until the warrant is surrendered, the particu- lars specified in subsection (1) of this section sha!! be deemed to be the particulars required by this Ordinance to be entered in the register of members, and, on the surrender, the date of the surrender must be entered.

(5) Subject to the provisions of this Ordinance, the bearer of a share warrant may, if the articles of the company so provide, be deemed to be a member of the company within the meaning of this Ordinance, either to the full extent or for any purposes defined in the articles.

98.-(1)

98. (1) The register of members, commencing Inspection from the date of the registration of the company, of members.

of register and the index of the names of members, shall be 19 & 20 Geo. kept at the registered office of the company, and, 5, c. 23, except when the register is closed under the provisions s. 98. of this Ordinance, shall during business hours (subject to such reasonable restrictions as the company in general meeting may impose, so that not less than two hours in each day be allowed for inspection) be open to the inspection of any member without charge and of any other person on payment of fifty cents. or such less sum as the company may prescribe, for each inspection.

(2) Any member or other person may require a copy of the register, or of any part thereof, on pay- ment of twenty five cents, or such less sum as the company may prescribe, for every hundred 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 ten days commencing on the day next after the day on which the requirement is received by the company.

(*) 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 in respect of each offence to a fine not exceeding twenty dollars, and further to a default fine of twenty dollars.

(4) In the case of any such refusal or default, the court may by order compel an immediate inspection of the register and index or direct that the copies required shall be sent to the persons requiring them.

99. A company may, on giving notice by advertise- Power to ment in some newspaper circulating in the district close in which the registered office of the situate, close the register of members for any time 5, c. 23, or times not exceeding in the whole thirty days in s. 99.

1003

each year.

100.-(1) If-

Power of court to

(a) the name of any person is, without sufficient rectify

cause, entered in or omitted from the register 19 & 20 Geo.

(b) default is made or unnecessary delay takes place in entering on the register the fact of any person having ceased to be a inember:

the person aggrieved, or any member of the company, or the company, may apply to the court for rectification of the register.

5, c. 23, s. 100.

1004

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Trusts not to be

(2) Where an application is made under this sec- tion, the court may either refuse the application or may order rectification of the register and payment by the company of any damages sustained by any party aggrieved.

(3) On an application under this section the court may decide any question relating to the title of any person who is a party to the application to have his name entered in cr omitted from the register, whether the question arises between members or alleged mem- bers, or between members or alleged members on the one hand and the company on the other hand, and generally may decide any question necessary or expedient to be decided for rectification of the register.

(4) In the case of a company required by his Ordinance to send a list of its members to the registrar of companies, the court, when making an order for rectification of the register, shall by its order direct notice of the rectification to be given to the registrar.

101. No notice or any trust, expressed, implied, or constructive, shall be entered on the register, or be receivable by the registrar, in the case of com- 19 & 20 Geo. panics registered in the Colony.

entered on register.

5, c. 23, s. 101.

23,

5, c. s. 102.

Power for

company to keep local or

branch

5, c. 23.

s. 103.

102. The register of members shall be primâ facie evidence of any matters by this Ordinance directed or authorised to be inserted therein.

Local or Branch Registers.

103.-(1) The registrar of companies may, subject to instruction from the Governor, issue an annual licence, available for the period of one year, to any company other than a China company whose objects comprise the transaction of business outside the 19 & 20 Geo. Colony, empowering such company, if it is authorised so to do by its regulations as originally framed or as altered by special resolution, to keep in any place in which it transacts business a register or registers of members: Frovided that a company applying for such licence must satisiy the registrar of companies by a statutory declaration to be filed with him or otherwise that a substantial part of the business of the company is carried on at or near the place where it desires to keep such register.

Every such licence shall be valid only until the 31st day of December next following the date on which it is issued: Provided always that where the period bteween the date of the issue of the first annual licence to a company and the 31st day of December next following is less than a year, à proportionate part only of the fee mentioned in sub-section (2) shall be charged.

(2) An annual fee at the rate of four cents for every one hundred dollars of the paid up capital of the company to which the licence is issued shall be paid by such company in respect of such licence. Such fees shall be paid to the Treasurer within four months of the date of the licence.

(3) When the registrar of companies has reasonable cause to believe that a company not being a China company is keeping in any place where it transacts business outside the Colony a register of members, without having a valid licence under this Ordinance, he shall publish in the Gazette and send to the company a notice that at the expiration of two months from the date of such notice the name of the company mentioned therein will, unless cause to the contrary is shown, be struck off the register and the company will be dissolved.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

(4) At the expiration of the time mentioned in the notice, the registrar of companies may, unless cause to the contrary is previously shown by the company, strike the name of the company off the register and shall publish notice thereof in the Gazette, and on such publication the company whose name is so struck off shall be dissolved: Provided that the liability, if any, of every director, managing officer, and member of the company shall continue and may be enforced as if the company had not been dissolved.

feels

(5) If any company or member thereof aggrieved by the name of such company having been struck off the register in pursuance of this section, the company or member may apply to the court, and the court, if it is satisfied that it is just to do so, may order the name of the company to be restored to the register, and thereupon the company shall be deemed to have continued in existence as if the name had never been struck off and the court may, by the order, give such directions and make such provisions as seem just for placing the company and all other persons in the same position, as nearly as may be, as if the name of the company had never been struck

off.

(6) A letter or notice under this section may be addressed to the company at its registered office, or, if no office has been registered, to the care of some director or officer of the company, or if there is no director or officer of the company whose name and address are known to the registrar of companies, may be sent to each of the persons who subscribed the memorandum, addressed to him at the address mentioned in the memorandum.

(7) If default is made in complying with subsection (2) of this section, the company and every officer of the company who is in default shall be liable to a default fine.

as to branch

104.--(1) A local or branch register shall be deemed Regulations to be part of the company's register of members (in register. this and the next following section called "the 19 & 20 Geo. principal register").

5, c. 23, s. 104.

(2) It shall be kept in the same manner in which the principal register is by this Ordinance required to be kept, except that the advertisement before closing the register shall be inserted in some news- paper circulating in the district where the local or branch register is kept.

(3) The company shall transmit to its registered office a copy of every entry in its local or branch register as soon as may be after the entry is made, and shall cause to be kept at its registered office, duly entered up from time to time, a duplicate of its local or branch register.

Every such duplicate shall, for all the purposes of this Ordinance, be deemed to be part of the principal register.

(4) Subject to the provisions of this section with respect to the duplicate register, the shares registered in a local or branch register shall be distinguished from the shares registered in the principal register, and no transaction with respect to any shares registered in a local or branch register shall, during the continuance of that registration, be registered in any other register.

(5) A company may discontinue to keep a local or branch register, and thereupon all entries in that register shall be transferred to some other local or branch register kept by the company or to the principal register.

(6) Subject to the provisions of this Ordinance, any company may, by its articles, make such provisions as it may think fit respeecting the keeping of local or branch registers.

1005

1006

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Exemption from certain

duties in case of

shares registered in local

or branch registers.

19 & 20 Geo. 5, c. 23, s. 105.

Ordinance No. 3 of 1932.

Provisions

as to branch rogisters of companies kept in the Colony. 19 & 20 Geo. 5, c. 23, s. 107.

Annual

return to be

made by

company having a share capital.

19 & 20 Geo. 5, c. 23,

s. 108.

(7) If default is made in complying with subsection (3) of this section, the company and every officer of the company who is in default shall be liable to a default fine.

105.-(1) An instrument of transfer of a share registered in a local or branch register, shall be deemed to be a transfer of property situate out of the Colony, and, unless executed in any part of the Colony, shall be exempt from stamp duty chargeable in the Colony.

(2) No estate duty under the Estate Duty Ordin- ance, 1932, shall be payable in respect of the share or other interest of a deceased member registered in a local or branch register kept out of the Colony under this Ordinance.

106.-(1) If by virtue of the law in force in any part of His Majesty's dominions outside the Colony companies incorporated under that law have power to keep in the Colony local or branch registers of their members resident in the Colony, the Governor in Council may by Order direct that sections ninety eight and one hundred of this Ordinance shall, subject to any modifications and adaptations specified in the Order, apply to and in relation to any such local or branch registers kept in the Colony as they apply to and in relation to the registers of companies within the meaning of this Ordinance.

(2) For the purposes of this section, the expression "His Majesty's dominions" includes any territory which is under His Majesty's protection or in respect of which a mandate under the League of Nations has been accepted by His Majesty.

Annual Return.

107.--(1) Every company having a share capital shall once at least in every year make a return con- taming list of a

all persons who, on the day of the first only ordinary general meeting in the year, are members of the company, and of all persons who have ceased to be members since the date of the last return or, in the case of the first return, of the incorporation of the company.

(2) The list must state the names, addresses, and occupations of all the past and present members therein mentioned (and in the case of Chinese mem- bers their names shall be given both in English and Chinese characters) and the number of shares held by each of the existing members at the date of the return, specifying shares transferred since the date of the last return or, in the case of the first return, of the incorporation of the company by persons who are still members and have ceased to be members respectively and the dates of registration of the transfers, and, if the names therein are not arranged in alphabetical order, must have annexed to it an index sufficient to enable the name of any person in the list to be readily found:

Provided that, where the company has converted any of its shares into stock and given notice of the conversion to the registrar of companies, the list must state the amount of stock held by each of the existing members instead of the amount of shares and the particulars relating to shares herein before required.

(3) The return must also state the address of the registered office of the company and must contain a summary distinguishing between shares issued for eash and shares issued as fully or partly paid up otherwise than in cash, and specifying the following particulars:-

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

(a) The amount of the share capital of the com- pany, and the number of the shares into which it is divided;

(b) The number of shares taken from the com- mencement of the company up to the date of the return;

(e) The total amount of calls unpaid;

(f) The total amount of the sums, if any, paid by way of commission in respect of any shares or debentures;

(g) Particulars of the discount allowed on the issue of any shares issued at a discount, or of so much of that discount as has not been written off at the date on which the return is made;

(h) The total amount of the sums, if any, allowed by way of discount in respect of any debentures, since the date of the last return; (i) The total number of shares forfeited; (k) The total amount of shares for which share warrants are outstanding at the date of the return;

(1) The total amount of share warrants issued and surrendered respectively since the date of the last return;

(m) The number of shares comprised in each

share warrant;

are

(n) All such particulars with respect to the per-

sons who at the date of the return the directors of the company as are by this Ordinance required to be contained with res- pect to directors in the register of the directors of a company;

(0) The total amount of the indebtedness of the company in respect of all mortgages and charges which are required to be registered with the registrar of companies under this Ordinance, or which would have been required so to be registered if created after the first day of January, nineteen hundred and twelve.

(4) The return shall be in accordance with the form set out in the Sixth Schedule to this Ordinance, or as near thereto as circumstances admit.

(5) In the case of a company keeping a branch register, the particulars of the entries in that register shall, so far as they relate to matters which are required to be stated in the return, be included in the return made next after copies of those entries are received at the registered office of the company

108. (1) Every company not having a share Annual capital shall once at least in every calendar year return to be make a return stating-

made by

company

(a) the address of the registered office of the not having

company:

share capital. 19 & 20 Geo.

(b) all such particulars with respect to the per- 5, c. 23,

sons who at the date of the return are the s. 109. directors of the company as are by this Ordinance required to be contained with res- pect to directors in the register of directors of a company.

(2) There shall be annexed to the return a state- ment containing particulars of the total amount of the indebtedness of the company in respect of all mortgages and charges which are required to be registered with the registrar of companies under this Ordinance, or which would have been required so to be registered if created after the first day of January, nineteen hundred and twelve.

1007

1008

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

General provisions as to annual 19 & 20 Geo. 5, c. 23, s. 110.

returns.

Certificates

to be sent by private company with annual return.

19 & 20 Geo. 5, c. 23, s. 111.

Annual general meeting.

19 & 20 Geo. 5, c. 23,

s. 112.

109.-(1) The annual return must be contained in a separate part of the register of members, and must be completed within twenty-eight days after the first or only general meeting in the year, and the company must forthwith forward to the registrar of companies a copy signed by a director or by the manager or by the secretary of the company.

(2) Section ninety-eight of this Ordinance shail apply to the annual return as it applies to the register of members.

(3) Except where the company is a private com- pany, the annual return shall include a written copy, certified by a director or the manager or secretary of the company to be a true copy, of the last balance sheet which has been audited by the company's auditors, including every document required by law to be annexed thereto, together with a copy of the report of the auditors thereon certified as aforesaid, and if any such balance sheet is in a foreign language there shall also be annexed to it a translation there- of in English, certified in the prescribed manner to be a correct translation:

Provided that, if the said last balance sheet did not comply with the requirements of the law as in force at the date of the audit with respect to the form of balance sheets, there shall be made such additions to and corrections in the said copy as would have been required to be made in the said balance sheet in order to make it comply with the said requirements, and the fact that the said copy has been so amended shall be stated thereon.

(4) If a company fails to comply with this section or either of the two last foregoing sections of this Ordinance, the company and every officer of the com- pany who is in default shall be liable to a default fine.

(5) For the purposes of subsection (4) of this section, the expression "officer," and for the pur- poses of the last two foregoing sections of this Ordinance the expression "director," shall include any person in accordance with whose directions or instructions the directors of the company are accustomed to act.

110. A private company shall send with the annual return required by section one hundred and seven of this Ordinance a certificate signed by a director or the secretary of the company that the company has not, since the date of the last return, or, in the case of a first return, since the date of the incorporation of the company, issued any invita- tion to the public to subscribe for any shares or debentures of the company, and, where the annual return discloses the fact that the number of members of the company exceeds fifty, also a certificate so signed that the excess consists wholly of persons who, under paragraph (b) of subsection (1) of section twenty-eight of this Ordinance, are not to be included in reckoning the number of fifty.

Meetings and Proceedings.

111.-(1) A general meeting of every company shall be held once at the least in every calendar year, and not more than fifteen months after the holding of the last preceding general meeting.

(2) If default is made in holding a meeting of the company in accordance with the provisions of this section, the company, and every director or manager of the company who is knowingly a party to the default shall be liable to a fine not exceeding five hundred dollars.

(3) If default is made as aforesaid, the court may, on the application of any member of the company, call, or direct the calling of, a general meeting of the company.

(0)

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

112.-(1) Every company limited by shares and Statutory every company limited by guarantee and having a meeting and

　　　　　　　　　　　　　　　　　　　　　　statutory share capital shall, within a period of not less than

report. one month nor more than three months from the 19 & 20 Geo. date at which the company is entitled to commence

5, c. 23, s. 113. business, hold a general meeting of the members of the company, which shall be called "the statutory meeting.'

(2) The directors shall, at least seven days before the day on which the meeting is held. forward a report (in this Ordinance referred to as "the statutory report") to every member of the company.

(3) The statutory report shall be certified by not less than two directors of the company, or, where there are less than two directors, by the sole director and manager, and shall state-

(a) the total number of shares allotted, dis- tinguishing shares allotted as fully or partly paid up otherwise than in cash, and stating in the case of shares partly paid up the extent to which they are so paid up, and in either case the consideration for which they have been allotted;

(b) the total amount of cash received by the com- pany in respect of all the shares allotted, distinguished as aforesaid;

(c) an abstract of the receipts of the company and of the payments made thereout, up to a date within seven days of the date of the report, exhibiting under distinctive headinga the receipts of the company from shares and debentures and other sources, the payments made thereout, and particulars concerning the balance remaining in hand, and an account or estimate of the preliminary expenses of the company;

(d) the names, addresses, and descriptions of the directors, auditors, if any, managers, if any, and secretary of the company; and

(e) the particulars of any contract, the modifica- tion of which is to be submitted to the meet- ing for its approval, together with the particulars of the modification or proposed modification.

(4) The statutory report shall, so far as it relates to the shares allotted by the company, and to the cash received in respect of such shares, and to the receipts and payments of the company on capital account, be certified as correct by the auditors, if any, of the company.

(5) The directors shall cause a copy of the statutory report, certified as required by this section, to be delivered to the registrar of companies for registration forthwith after the sending thereof to the members of the company.

(6) The directors shall cause a list showing the names, descriptions, and addresses of the members of the company, and the number of shares held by them respectively, to be produced at the commence- ment of the meeting, and to remain open and accessible to any member of the company during the continuance of the meeting.

(7) The members of the company present at the meeting shall be at liberty to discuss any matter relating to the formation of the company, or arising out of the statutory report, whether previous notice has been given or not, but no resolution of which notice has not been given in accordance with the articles may be passed.

(8) The meeting may adjourn from time to time, and at any adjourned meeting any resolution of which notice has been given in accordance with the articles,

1009

1010

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

either before or subsequently to the former meeting, may be passed, and the adjourned meeting shall have the same powers as an original meeting.

(9) In the event of any default in complying with the provisions of this section every director of the company who is guilty of or who knowingly and wilfully authorises or permits the default shall be liable to a fine not exceeding five hundred dollars.

(10) This section shall not apply to a private com-

pany.

Convening of extra-

ordinary general meeting on requisition. 19 & 20 Geo.

5, c. 23, 8. 114.

113.-(1) The directors of a company, notwith- standing anything in its articles, shall, on

on the requisition of members of the company holding at the date of the deposit of the requisition not less than one-tenth of such of the paid-up capital of the com- pany as at the date of the deposit carries the right of voting at general meetings of the company, or, in the case of a company not having a share capital, members of the company representing not less than one-tenth of the total voting rights of all the mem- bers having at the said date a right to vote at general meetings of the company, forthwith proceed duly to convene an extraordinary general meeting of the

company.

(2) The requisition must state the objects of the meeting, and must be signed by the requisitionists and deposited at the registered office of the company, and may consist of several documents in like form, each signed by one or more requisitionists.

(3) If the directors do not within twenty-one days from the date of the deposit of the requisition proceed duly to convene a meeting, the requisi- tionists, or any of them representing more than one half of the total voting rights of all of them, may themselves convene a meeting, but any meeting so convened shall not be held after the expiration of three months from the said date.

(4) A meeting convened under this section by the requisitionists shall be convened in the same manner, as nearly as possible, as that in which meetings are to be convened by directors.

the

(5) Any reasonable expenses incurred by requisitionists by reason of the failure of the directors duly to convene a meeting shall be repaid to the requisitionists by the company, and any sum SO- repaid shall be retained by the company out of any sums due or to become due from the company by way of fees or other remuneration in respect of their services to such of the directors as were in default.

(6) For the purposes of this section, the directors shall, in the case of a meeting at which a resolution is to be proposed as a special resolution, be deemed. not to have duly convened the meeting if they do not give such notice thereof as is required by section one hundred and sixteen of this Ordinance.

Provisions as to

meetings

and votes.

19 & 20 Geo. 5, c. 23,

s. 115.

114.-(1) The following provisions shall have effect in so far as the articles of the company do not make other provision in that behalf:-

(a) a meeting of a company, other than a meet- ing for the passing of a special resolution, may be called by seven days' notice in writ- ing;

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

(b) notice of the meeting of a company shall be served on every member of the company in the manner in which notices are required to be served by Table A, and for the purpose of this paragraph the expression "Table A" means that Table as for the time being in force;

(c) two or more members holding not less than one-tenth of the issued share capital or, if the company has not a share capital, not less than five per cent, in number of the mem- bers of the company may call a meeting;

(d) in the case of a private company two mem- bers, and in the case of any other company three members, personally present shall be a

quorum;

(e) any member elected by the members present

at a meeting may be chairman thereof; (f) in the case of a company originally having a share capital, every member shall have one vote in respect of each share or each one hundred dollars of stock held by him, and in any other case every member shall have one vote.

to call

(2) If for any reason it is impracticable to a meeting of a company in any manner in which meetings of that company may be called, or to con- duct the meeting of the company in manner prescribed by the articles or this Ordinance, the court may, either of its own motion or on the application of any director of the company or of any member of the company who would be entitled to vote t the meeting, order a meeting of the company to be called, held and conducted in such manner as the court thinks fit, and where any such order is made may give such ancillary or consequential directious as it thinks expedient, and any meeting called, held and conducted in accordance with any such order shall for all purposes be deemed to be a meeting of the company duly called, held and conducted.

115.-(1) A corporation, whether a company within Representa- the meaning of this Ordinance or not, may-

tion of companies at meetings

(a) if it is a member of another corporation, be- of other

ing a company within the meaning of this companies Ordinance, by resolution of its directors er and of other governing body authorise such person creditors. as it thinks fit to act as its representative 5, c. 23, at any meeting of the company or at any s. 116. meeting of any class of members of the

company;

(b) if it is a creditor (including a holder of deben- tures) of another corporation, being a company within the meaning of this Ordinance, by resolution of its directors or other governing body authorise such person as it thinks fit to act as its representative at any meeting of any creditors of the company held in pursuance of this Ordinance cr of any rules made thereunder, or in pursuance of the provisions contained in any debenture or trust deed, as the case may be.

(2) A person authorised as aforesaid shall be entitled to exercise the same powers on behalf of the corpora- tion which he represents as that corporation could exercise if it were an individual shareholder, creditor, or holder of debentures, of that other company.

1011

1012

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Provisions

as to extra-

ordinary and special resolutions.

19 & 20 Geo. 5, c. 23, s. 117.

116.-(1) A resolution shall be an extraordinary resolution when it has been passed by a majority of not less than three fourths of such members as, being entitled so to do, vote in person or, where proxies are allowed, by proxy, at a general meeting of which notice specifying the intention to propose the resolution as an extraordinary resolution has been duly given.

(2) A resolution shall be a special resolution when it has been passed by such a majority as is required for the passing of an extraordinary resolution and at a general mecting of which not less than twenty-one days' notice, specifying the intention to propose the resolution as a special resolution, has been duly given :

Provided that, if all the members entitled to attend and vote at any such meeting so agree, a resolution may be proposed and passed as a special resolution at a meeting of which less than twenty-one days' notice has been given.

(3) At any meeting at which an extraordinary resolution or a special resolution is submitted to be passed, a declaration of the chairman that the resolu- tion is carried shall, unless a poll is demanded, be conclusive evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against the resolution.

(4) At any meeting at which an extraordinary reso- lution or a special resolution is submitted to be passed a poll shall be taken to be effectively demanded, if demanded-

(a) by such number of members for the time being entitled under the articles to vote at the meeting as may be specified in the articles, so, however, that it shall not in any case be necessary for more than five members to make the demand; or

(b) if no provision is made by the articles with respect to the right to demand the poll, by three members so entitled or by one member or two members so entitled, if that member holds or those two members together hold not less than fifteen per cent, of the paid-up share capital of the company.

(5) When a poll is demanded in accordance with this section, in computing the majority on the poli reference shall be had to the number of votes to which each member is entitled by virtue of this Ordinance or of the articles of the company.

(6) For the purposes of this section, notice of a meeting shall be deemed to be duly given and the meeting to be duly held when the notice is given and the meeting held in manner provided by this Ordin- ance or the articles.

Registration

and copies

of certain resolutions

and agree- ments.

19 & 20 Geo. 5, c. 23, s. 118.

117.-(1) A printed copy of every resolution or agreement to which this section applies shall, within fifteen days after the passing or making thereof, be forwarded to the registrar of companies and recorded by him.

(2) Where articles have been registered, a copy of every such resolution or agreement for the time being in force shall be embodied in or annexed to every copy of the articles issued after the passing of the resolution or the making of the agreement.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

(3) Where articles have not been registered, a printed copy of every such resolution or agreement shall be forwarded to any member at his request, on payment of one dollar or such less sum as the com- pany may direct.

(4) This section shall apply to

(a) Special resolutions;

(b) Extraordinary resolutions;

(c) Resolutions which have been agreed to by all the members of a company, but which, if not so agreed to, would not have been effective for their purpose unless, as the case may be, they had been passed as special resolutions ur as extraordinary resolutions;

(d) Resolutions or agreements which have been agreed to by all the members of some class of shareholders, but which, if not so agreed to, would not have been effective for their purpose unless they had been passed by some particular majority or otherwise in some particular manner, and all resolutions or agreements which effectively bind all the members of any class of shareholders though not agreed to by all those members;

(e) Resolutions requiring a company to be wound up voluntarily, passed under paragraph (a) of subsection (1) of section two hundred and fourteen of this Ordinance.

(5) If a company fails to comply with subsection (1) of this section, the company and every officer of the company who is in default shall be liable to a default fine of twenty dollars.

(6) If a company fails to comply with subsection (2) or subsection (3) of this section, the company and every officer of the company who is in default shall be liable to a fine not exceeding ten dollars for each copy in respect of which default is made.

(7) For the purposes of the last two foregoing sub- sections, a liquidator of the company shall be deemed to be an officer of the company.

118. Where after the commencement of this Resolutions Ordinance a resolution is passed at an adjourned meet- passed at ing of-

(a) a company;

(b) the holders of any class of shares in a com

pany;

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.

adjourned meetings.

19 & 20 Geo.

5, c. 23, 119

1013

119.-(1) Every company shall cause minutes of Minutes of all proceedings of general meetings, and where there proceedings are directors or managers, of all proceedings at meet- of meetings ings of its directors or of its managers, to be entered and in books kept for that purpose.

(2) Any such minute if purporting to be signed by the chairman of the meeting at which the proceedings were had, or by the chairman of the next succeeding meeting, shall be evidence of the proceedings.

directors. 19 & 20 Geo, 5, c. 23, s. 120.

1014

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Inspection

of minute books.

19 & 20 Geo. 5, c. 23, 8. 121.

Keeping of books of

account.

19 & 20 Geo.

5, c. 23,

s. 122.

(3) Where minutes have been made in accordance with the provisions of this section of the proceedings at any general meeting of the company or meeting of directors or managers, then, until the contrary is proved, the meeting shall be deemed to have been duly held and convened, and all proceedings had thereat to have been duly had, and all appointments of directors, managers, or liquidators, shall be deemed to be valid.

120.-(1) The books containing the minutes of proceedings of any general meeting of a company held after the commencement of this Ordinance shall be kept at the registered office of the company, and shalt during business hours (subject to such reasonable restrictions as the company may by its articles or in general meeting impose, so that no less than two houra in each day be allowed for inspection) be open to the inspection of any member without charge.

(2) Any member shall be entitled to be furnished, within seven days after he has made a request in that behalf to the company, with a copy of any such minutes as aforesaid at a charge not exceeding twenty- five cents for every hundred words.

(3) If any inspection required under this section is refused or if any copy required under this section is not sent within the proper time, the company and every officer of the company who is in default shall be liable in respect of each offence to a fine not exceeding twenty dollars and further to a default fine of twenty dollars.

(4) In the case of any such refusal or default, the court may by order compel an immediate inspection of the books in respect of all proceedings of general meetings or direct that the copies required shall be sent to the persons requiring them.

Accounts and Audit.

121.-(1) Every company shall cause to be kept proper books of account with respect to-

(a) all sums of money received and expended by the company and the matters in respect of which the receipt and expenditure takes. place; (b) all sales and purchases of goods by the com-

pany;

(c) the assets and liabilities of the company. And for this purpose every company shall cause to be kept the following books, namely:-

(i) A cash book or books which shall contain a full and complete record of all sums of money paid to the company or to any agent of the company and of all sums of money expended by the company or by any agent of the com- pany and of the matters in respect of which such receipt and expenditure take place:

Provided that, if such book or books are kept in a language other than English, there shall also be kept in the English language a book which shall contain a daily summary of all the receipts which are recorded in the cash book or books. There shall be set out in such summary under appropriate heads the daily totals of receipts and payments in such a manner as to show clearly their respective sources and the accounts in respect of which they are made, and full particulars shall be given in respect of all receipts and payments on account of capital and of all payments made to directors of the company. entries in such book shall in every case be made at a date not later than one month from the date under which the transactions of which they are a record are entered in the cash book or books.

The

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

(ii) A journal or other book or books in which shall be recorded all financial transactions of the company other than cash transactions and all transactions which in any way affect the ac- cretions and diminutions on capital and re- venue accounts of the company with full ex- planations of such transactions.

(iii) A ledger or other book or books in which shall be entered each to its proper account the transactions recorded in the cash book and journal so as to show the financial relations of the company with every party with whom it has dealings and the financial position of the company itself.

(2) The books of account shall be kept at the registered office of the company or at such other place as the directors think fit, and shall at all times be open to inspection by the directors.

(3) 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, in respect of each offence, be liable on summary con- viction to imprisonment for a term not exceeding six months or to a fine not exceeding two thousand dollars.

Provided that a person shall not be sentenced to imprisonment for an offence under this section unless, in the opinion of the court dealing with the case, the offence was committed wilfully.

sheet.

122.-(1) The directors of every company shall at Profit and some date not later than eighteen months after the loss account incorporation of the company and subsequently once and balance at least in every calendar year lay before the com- 19 & 20 Geo. pany in general meeting a profit and loss account 5, c. 23, or, in the case of a company not trading for profit, s. 123. 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, made up to a date not earlier than the date of the meeting by more than nine months, or, in the case of a company carrying on business or having interests abroad, by more than twelve months:

Provided that the court, if for any special reason they think fit so to do, may, in the case of any company, extend the period of eighteen months afore. said, and in the case of any company and with respect to any year extend the periods of nine and twelve months aforesaid.

(2) The directors shall cause to be made out in every calendar year, and to be laid before the company in general meeting, a balance sheet as at the date to which the profit and loss account, or the income and expenditure account, as the case may be, is made up, and there shall be attached to every such balance sheet a report by the directors with respect to the state of the company's affairs, the amount, if any, which they recommend should be paid by way of dividend, and the amount, if any, which they propose to carry to the reserve fund, general reserve

reserve account shown specifically on the balance sheet, or to a reserve fund, general reserve or reserve account to be shown specifically on a subsequent balance sheet.

(3) If any person being a director of a company fails to take all reasonable steps to comply with the provisions of this section, he shall, in respect of each offence, be liable on summary conviction to imprison- ment for a term not exceeding six months or to a fine not exceeding two thousand dollars.

1015

1016

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Contents of balance sheet.

19 & 20 Geo. 5, c. 23, 8. 124.

Assets con- sisting of shares in subsidiary companies to be

set out separately in balance sheet.

19 & 20 Geo. 5, c. 23, s. 125.

Balance

sheet to include particulars

as to sub- sidiary companies. 19 & 20 Geo. 5, c. 23,

8. 126.

Provided that a person shall not be sentenced to imprisonment for an offence under this section unless, in the opinion of the court dealing with the case, the offence was committed wilfully.

123. (1) Every balance sheet of a company shall contain a summary of the authorised share capital and of the issued share capital of the company, its liabilities and its assets, together with such particulars as are necessary to disclose the general nature of the liabilities and the assets of the company and to distinguish between the amounts respectively of the fixed assets and of the floating assets, and shall state how the values of the fixed assets have been arrived

at.

(2) There shall be stated under separate headings. in the balance sheet, so far as they are not written off-

(a) the preliminary expenses of the company; and (b) any expenses incurred in connection with any issue of share capital or debentures; and (c) if it is shown as a separate item in or is other- wise ascertainable from the books of the com- pany, or from any contract for the sale or purchase of any property to be acquired by the company, or from any documents in the possession of the company relating to the stamp duty payable in respect of any such contract or the conveyance of any such pro- perty, the amount of the goodwill and of any patents and trade-marks as so shown or as- certained.

(3) Where any liability of the company is secured otherwise than by operation of law on any assets of the company, the balance sheet shall include a statement that that liability is so secured, but it shall not be necessary to specify in the balance sheet the assets on which the liability is secured.

(4) The provisions of this section are in addition to other provisions of this Ordinance requiring other matters to be stated in balance sheets.

124. Where any of the assets of a company consist of shares in, or amounts owing (whether on account of a loan or otherwise) from a subsidiary company or subsidiary companies, the aggregate amount of those assets, distinguishing shares and indebtedness, shall be set out in the balance sheet of the first- mentioned company separately from all its other assets, and where a company is indebted, whether on account of a loan or otherwise, to a subsidiary company or subsidiary companies, the aggregate amount of that indebtedness shall be set out in the balance sheet of that company separately from all its other liabilities.

125.-(1) Where a company (in this section referred to as "the holding company") holds shares either directly or through a nominee in a subsidiary company or in two or more subsidiary companies, there shall be annexed to the balance sheet of the holding com- pany a statement, signed by the persons by whom in pursuance of section one hundred and twenty-eight of this Ordinance the balance sheet is signed, stating how the profits and losses of the subsidiary company, or, where there are two or more subsidiary companies, the aggregate profits and losses of those companies, have, so far as they concern the holding company, been dealt with in, or for the purposes of, the accounts of the holding company, and in particular how, and to what extent,-

(a) provision has been made for the losses of a subsidiary company either in the accounts of that company or of the holding company, or of both; and

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932. 1017

been

(b) losses of a subsidiary company have

taken into account by the directors of the holding company in arriving at the profits and losses of the holding company as disclosed in

accounts:

Provided that it shall not be necessary to specify in any such statement the actual amount of the profits or losses of any subsidiary company, or the actual amount of any part of any such profits or losses which has been dealt with in any particular manner.

(2) If in the case of a subsidiary company the auditors' report on the balance sheet of the company does not state without qualification that the auditors have obtained all the information and explanations they have required and that the balance sheet is properly drawn up so as to exhibit a true and correct view of the state of the company's affairs according to the best of their information and the explanations given to them and as shown by the books of the company, the statement which is to be annexed as aforesaid to the balance sheet of the holding company shall contain particulars of the manner in which the report is qualified.

(3) For the purposes of this section, the profits or losses of a subsidiary company mean the profits or losses shown in any accounts of the subsidiary com- pany made up to a date within the period to which the accounts of the holding company relate, or, if there are no such accounts of the subsidiary company available at the time when the accounts of the holding company are made up, the profits or losses shown in the last previous accounts of the subsidiary company which became available within that period.

(4) If for any reason the directors of the holding company are unable to obtain such information as is necessary for the preparation of the statement afore- said, the directors who sign the balance sheet shall so report in writing and their report shall be annexed to the balance sheet in lieu of the statement.

126.-(1) Where the assets of a company consist Meaning of in whole or in part of shares in another company, subsidiary whether held directly or through a nominee and company. whether that other

19 & 20 Geo. company is a company within

5, c. 23, the meaning of this Ordinance or not, and-

s. 127.

(a) the amount of the shares so held is at the time when the accounts of the holding com- pany are made up more than fifty per cent. of the issued share capital of that other company or such as to entitle the company to more than fifty per cent. of the voting power in that other company; or

(b) the company has power (not being power vested in it by virtue only of the provisions of a debenture trust deed or by virtue of shares issued to it for the purpose in pursuance of those provisions) directly or indirectly to appoint the majority of the directors of that

other company,

that other company shall be deemed to be a subsidiary company within the meaning of this Ordinance, and the expression "subsidiary company" in this Ordinance means a company in the case of which the conditions of this section are satified.

(2) Where a company the ordinary business of which includes the lending of money holds shares in another company as security only, no account shall for the purpose of determining under this section whether that other company is a subsidiary company be taken of the shares so held.

1018 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Accounts to contain particulars

as to loans

to, and

remunera-

tion of, directors, &c.

19 & 20 Geo. 5, c. 23,

s. 128.

Signing of balance sheet.

19 & 20 Geo. 5, c. 23, s. 129.

127.-(1) The accounts which in pursuance of this Ordinance are to be laid before every company in general meeting shall, subject to the provisions of this section, contain particulars showing-

(a) the amount of any loans which during the period to which the accounts relate have been made either by the company or by any other person under a guarantee from or on a security provided by the company to any director or officer of the company, including any such loans which were repaid during the said period; and

(b) the amount of any loans made in manner aforesaid to any director or officer at any time before the period aforesaid and outstanding at the expiration thereof; and

(c) the total of the amount paid to the directors as remuneration for their services, inclusive of all fees, percentages, or other emoluments, paid to or receivable by them by or from the company or by or from any subsidiary com- pany.

(2) The provisions of subsection (1) of this section. with respect to loans shall not apply-

(a) in the case of a company the ordinary business of which includes the lending of money, to a loan made by the company in the ordinary course of its business; or

(b) to a loan made by the company to any employee of the company if the loan does not exceed twenty thousand dollars and is certified by the directors of the company to have been made in accordance with any practice adopted or about to be adopted by the company with respect to loans to its employees.

(3) The provisions of subsection (1) of this section with respect to the remuneration paid to directors shall not apply in relation to a managing director of the company, and in the case of any other director who holds any salaried employment or office in the company there shall not be required to be included in the said total amount any sums paid to him except sums paid by way of directors' fees.

(4) If in the case of any such accounts as aforesaid the requirements of this section are not complied with, it shall be the duty of the auditors of the company by whom the accounts are examined to include in their report on the balance sheet of the company, so far as they are reasonably able to do so, a statement giving the required particulars.

(5) In this section the expression "emoluments" includes fees, percentages and other payments made or consideration given, directly or indirectly, to a director as such, and the money value of any allow- ances or perquisites belonging to his office.

128. (1) Every balance sheet of a company shall be signed on behalf of the board by two of the directore of the company, or, if there is only one director, by that director, and the auditors' report shall Le attached to the balance sheet, and the report shall be read before the company in general meeting, and shall be open to inspection by any member.

(2) In the case of a banking company, the balance sheet must be signed by the secretary or manager, if any, and where there are more than three directors of the company by at least three of those directors, and where there are not more than three directors by ali the directors.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

(3) If any copy of a balance sheet which has not been signed as required by this section is issued, circulated, or published, or if any copy of a balance sheet is issued circulated, or published without having a copy of the auditors' report attached thereto, the company, and every director, manager, secretary, or other officer of the company who is knowingly a party to the default, shall on conviction be liable to a fine not exceeding five hundred dollars.

129.-(1) In the case of a company not being a Right to private company-

receive copies of

auditors'

(a) a copy of every balance sheet, including every balance

document required by law to be annexed sheets and thereto, which is to be laid before the company report. in general meeting, together with a copy of 19 & 20 Geo. the auditors' report, shall, not less than seven 5, c. 23, days before the date of the meeting, be sent s. 130. to all persons entitled to receive notices of general meetings of the company;

(b) any member of the company, whether he is or is not entitled to have sent to him copies of of the company's balance sheets, and any holder of debentures of the company, shall be entitled to be furnished on demand without charge with a copy of the last balance sheet of the company, including every document required by law to be annexed thereto, together with a copy of the auditors' report on the balance sheet.

If default is made in complying with paragraph (a) of this subsection, the company and every officer of the company who is in default shall be liable to a fine not exceeding two hundred dollars, and if, where any person makes a demand for a document with which he is by virtue of paragraph (b) of this subsection entitled to be furnished, default is made in complying with the demand within seven days after the making thereof, the company and every director, manager, secretary or other officer of the company who is knowingly a party to the default shall be liable to a fine not exceeding fifty dollars for every day during which the default continues, unless it is proved that that person has already made a demand for and been furnished with a copy of the document.

(2) In the case of a company being a private com- pany, any member shall be entitled to be furnished, within seven days after he has made a request in that behalf to the company, with a copy of the balance sheet and auditors' report at a charge not exceeding twenty-five cents for every hundred words.

If default is made in furnishing such a copy to any member who demands it and tenders to the company the amount of the proper charge therefor, the company and every officer of the company who is in default shall be liable to a default fine.

130.-(1) Every company, being a limited banking Banking company or an insurance company or a deposit, and certain provident, or benefit society, shall, before it com- other com-

panies to mences business, and also on the first Monday in publish February and the first Tuesday in August in every periodical year during which it carries on business, make a statement. statement in the English language in the form set 19 & 20 Geo. out in the Seventh Schedule to this Ordinance, or 5, c. 23, as near thereto as circumstances admit.

(2) A copy of the statement shall be put up in a conspicuous place in the registered office of the com- pany, and in every branch office or place where the business of the company is carried on.

(2) Every member and every creditor of the com- pany shall be entitled to a copy of the statement, on payment of a sum not exceeding twenty five cents.

s. 131.

1019

1020

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Ordinances Nos. 11 of 1907, Ordinance No. 32 of 1917.

Appoint- ment and

remunera- tion of auditors.

19 & 20 Geo. 5, c. 23,

s. 132.

(4) If default is made in complying with this section, the company and every director and manager of the company who knowingly and wilfully authorises or permits the default shall be liable to a fine not exceeding fifty dollars for every day during which the default continues.

(5) For the purposes of this Ordinance a company which carries on the business of insurance in common with any other business or businesses shall be deemed to be an insurance company.

(6) This section shall not apply to any insurance company to which the provisions of the Life Insurance Companies Ordinance, 1907, or the Fire and Marine Insurance Companies Deposit Ordinance, 1917, apply, if the company complies with those provisions.

131.-(1) Every company shall at each annual general meeting appoint an auditor or auditors to hold office until the next annual general meeting.

(2) If an appointment of auditors is not made at an annual general meeting, the Court may, on the application of any member of the company, appoint an auditor of the company for the current year.

(3) The Clerk of Councils shall publish annually by notification in the Gazette a list in two parts containing the names of all persons who are authorised by the Governor in Council to perform the duties required by this Ordinance to be performed by an auditor. The Clerk of Councils shall from time to time similarly publish the names of persons added to or removed from any part of the last pub- lished annual list by order of the Governor in Coun- cil. The last published annual list as so amended shall be deemed the current authorised list. The Governor in Council shall not order the insertion of the name of any person in any part of any such list unless he deems him in all respects fit and suitable to be authorised. The Governor in Council may by order remove the name of any authorised auditor who has ceased to practice in the Colony or within the limits of the China Orders in Council; he may also on any ground which he may deem sufficient, remove the name of any person he may consider unfit or unsuitable to continue to be authorised; but in such last mentioned case notice shall be given, if practicable, to the person whose name it is proposed to remove and he shall be entitled to be heard by the Governor in Council either in person or by counsel, before such removal is made. The first part of the current authorised list shall contain the names of persons authorised to audit accounts kept in English; and the second part shall contain the names of persons authorised to audit accounts kept in Chinese. Where the accounts of a company are kept in English, no person shall be appointed auditor unless his name appears in the first part of the current authorised list, and where the accounts of a company are kept in Chinese, no person shall be appointed auditor unless his name appears in the second part of the current authorised list. Every company which keeps its accounts partly in English and partly in Chinese shall have its accounts audited as to that part which is kept in English by a person whose name appears in the first part of the current authorised list and as to that part which is kept in Chinese by a person whose name appears in the second part of the current authorised list. Nothing herein shall be deemed to prevent the Governor in Council authorising the inclusion of a name in both parts of the current authorised list; and nothing herein shall be deeemed to require a

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

second auditor for the daily summary in the English language referred to in the proviso in section 121 (1). In this sub-section "person" shall include a firm.

(4) A person, other than a retiring auditor, shall not be capable of being appointed auditor at an annual general meeting unless notice of an intention to nominate that person to the office of auditor has been given by a member to the company not less than fourteen days before the annual general meeting, and the company shall send a copy of any such notice to the retiring auditor, and shall give notice thereof to the members, either by advertisement or in any other mode allowed by the articles, not less than seven days before the annual general meeting:

Provided that if, after notice of the intention to nominate an auditor has been so given, an annual general meeting is called for a date fourteen days or less after the notice has been given, the notice, though not given within the time required by this, subsection, shall be deemed to have been properly given for the purposes thereof, and the notice to be sent or given by the company may, instead of being sent or given within the time required by this subsection, be sent or given at the same time as the notice of the annual general meetiig.

(5) Subject as hereinafter provided, the first auditors of the company may be appointed by the directors at any time before the first annual general meeting, and auditors so appointed shall hold office until that meeting:

Provided that-

(a) the company may at a general meeting of which notice has been served on the auditors in the same manner as on members of the company remove any such auditors and appoint in their place any other persons being persons who have been nominated for appoint. ment by any member of the company and of whose nomination notice has been given to the members of the company not less than seven days before the date of the meeting; and

(b) if the directors fail to exercise their powera under this subsection, the company in general meeting may appoint the first auditors, and thereupon the said powers of the directors shall cease.

(6) The directors may fill any casual vacancy in the office of auditor, but while any such vacancy continues the surviving or continuing auditor or auditors, if any, may act.

(7) The remuneration of the auditors of a company shall be fixed by the company in general meeting, except that the remuneration of an auditor appointed before the first annual general meeting, or of an auditor appointed to fill a casual vacancy, may be fixed by the directors, and that the remuneration of an auditor appointed by the court may be fixed by the court.

132. (1) None of the following persons shall be Disqualifica- qualified for appointment as auditor of a company-

(a) a director or officer of the company;

tion for appoint- ment as auditor.

(b) except where the company is a private com- 5. c. 23,

pany, a person who is a partner of or in the 19 &20 Geo. employment of an officer of the company;

s. 133,

1021

1022

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

(2) Nothing in this section shall disqualify a body corporate from acting as auditor of a company if acting under an appointment made before the day on which this Ordinance comes into operation, but subject as aforesaid any body corporate which acts as auditor of a company shall be liable to a fine not exceeding one thousand dollars.

Auditors' report and auditors' right of

access to books and

right to

attend

general meetings.

19 & 20 Geo. 5, c. 23, s. 134.

133.-(1) The auditors shall make a report to the members on the accounts examined by them, and on every balance sheet laid before the company in general meeting during their tenure of office, and the report shall state-

(a) whether or not they have obtained all the in- formation and explanations they have required: and

(b) whether, in their opinion, the balance sheet referred to in the report is properly drawn up so as to exhibit a true and correct view of the state of the company's affairs according to the best of their information and the explana- tions given to them, and as shown by the books of the company.

(2) Every auditor of a company shall have a right of access at all times to the books and accounts and vouchers of the company, and shall be entitled to require from the directors and officers of the company such information and explanation as may be necessary for the performance of the duties of the auditors:

Provided that, in the case of a banking company which has branch banks beyond the limits of the Colony (or, in the case of a China company, if the company has branch banks beyond the limits of the consular district wherein such company has its registered office), it shall be sufficient if the auditor is allowed access to such copies and extracts from such books and accounts of any such branch as have been transmitted to the head office of the company in the Colony (or in the case of a China company, to the registered office of the company within the limits of the China Orders in Council).

(3) The auditors of a company shall be entitled to attend any general meeting of the company at which any accounts which have been examined or reported on by them are to be laid before the company and to make any statement or explanation they desire with respect to the accounts.

Investiga.

tion of affairs of

company by inspectors. 19 & 20 Geo 5, c. 23, 8. 135.

Inspection.

134.-(1) The court may appoint one or more competent inspectors to investigate the affairs of a company and to report thereon in such manner as they direct-

(a) In the case of a banking company having & share capital, on the application of members holding not less than one-third of the shares issued:

(b) In the case of any other company having & share capital, on the application of members holding not less than one-tenth of the shares issued:

(c) In the case of a company not having a share capital, on the application of not less than one- fifth in number of the persons on the corn- pany's register of members.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

(2) The application shall be supported by such evidence as the Court may require for the purpose of showing that the applicants have good reason for, and are not actuated by malicious motives in, requiring the investigation, and the Court may, before appointing an inspector, require the applicants to give security, to an amount not exceeding one thousand dollars, for payment of the costs of the inquiry.

(3) It shall be the duty of all officers and agents of the company to produce to the inspectors all books and documents in their custody or power.

(4) An inspector may examine on oath the officers and agents of the company in relation to its business, and may administer an oath accordingly.

(5) If any officer or agent of the company refuses to produce to the inspectors any book or document which it is his duty under this section so to produce, or refuses to answer any question which is put to him by the inspectors with respect to the affairs of the company, the inspectors may certify the refusal under their hand to the court, and the court may thereupon enquire into the case, and, after hearing any witnesses who may be produced against or on behalf of the alleged offender and after hearing any statement which may be offered in defence, punish the offender in like manner as if he had been guilty of contempt of the court.

(6) On the conclusion of the investigation the inspectors shall report their opinion to the court which shall direct that a copy of the report be forwarded to the registered office of the company. A further copy shall, at the request of the applicants for the investigation, be delivered to them.

The report shall be written or printed, as the court may direct.

135.-(1) If from any report made under the last Proceedings foregoing section it appears to the court that any on report by person has been guilty of any offence in relation to inspectors.

　　　　　　　　　　　　　　　　　　　　　　19 & 20 Geo. the company for which he is criminally liable, the 5, c. 23, court may direct that the matter shall be referred to s. 136. the Attorney General.

(2) If where any matter is referred to the Attorney General under this section he considers that the case is one in which a prosecution ought to be instituted and, further, that it is desirable in the public interest that the proceedings in

　　in the prosecution should be conducted by him, he shall institute proceedings accordingly, and it shall be the duty of all officers and agents of the company, past and present (other than the defendant in the proceedings), to give to him all assistance in connection with the prosecution which they are reasonably able to give.

For the purposes of this subsection, the expression "agents" in relation to a company shall be deemed to include the bankers and solicitors of the company and any persons employed by the company as auditors, whether those persons are or are not officers of the

company.

(3) The expenses of and incidental to an investiga- tion under the last preceding section of this Ordinance (in this subsection referred to as "the expenses") shall bc defrayed as follows:

(a) Where as a result of the investigation a prosecution is instituted by the Attorney General, the expenses shall be defrayed by the revenues of the Colony;

1023

1024

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

མ་ར་ཀ་

Power of

company to appoint inspectors.

19 & 20 Geo. 5, c. 23, $. 137.

Report of inspectors to be evidence.

19 & 20 Gec.

5, c. 23, s. 138.

Number of directors.

19 & 20 Geo. 5, c. 23,

s. 139.

Restrictions

ment or advertise-

ment of director.

5, c. 23,

(b) In any other case the expenses shall be defrayed by the company unless the court thinks proper to direct, as the court is hereby authorised to do, that they shall either be paid by the applicants or in part by the com- pany and in part by the applicants:

Provided that-

(i) if the company fails to pay the whole or any part of the sum which it is liable to pay under this subsection, the applicants shall make good the deficiency up to the amount by which the security given by them under the last preceding section exceeds the amount, if any, which they have under this subsection been directed by the court to pay: and

(ii) any balance of the expenses not defraved either by the company or the ap- plicants shall be defrayed by the revenues of the Colony.

136. (1) A company may by special resolution appoint inspectors to investigate its affairs.

(2) Inspectors so appointed shall have the same powers and duties as inspectors appointed by the court, except that, instead of reporting to the court, they shall report in such manner and to such persons as the company in general meeting may direct.

(3) If any officer or agent of the company refuses to produce to the inspectors any book or document which it is his duty under this section so to produce, or refuses to answer any question which is put to him by the inspectors with respect to the affairs of the company, he shall be liable to be proceeded against in the same manner as if the inspectors had been inspectors appointed by the court.

137. A copy of the report of any inspectors appointed under this Ordinance, authenticated by the seal of the company whose affairs they have investigated, shall be admissible in any legal pro- ceeding as evidence of the opinion of the inspectors in relation to any matter contained in the report.

Directors and Managers.

138.-(1) Every company registered after the com- mencement of this Ordinance shall have at least two directors.

(2) This section shall not apply to a private.com- pany.

139.-(1) A person shall not be capable of being on appoint- appointed director of a company by the articles, and shall not be named as a director or proposed director of a company in a prospectus issued by or on behalf of the company, or as proposed director of an intended 19 & 20 Geo. company in a prospectus issued in relation to that intended company, or in a statement in lieu of prospectus delivered to the registrar by or on behalt of a company, unless, before the registration of the articles or the publication of the prospectus, or the delivery of the statement in lieu of prospectus, as the case may be, he has by himself or by his agent authorised in writing-

s. 140.

(a) signed and delivered to the registrar of com- panies for registration a consent in writing to act as such director; and

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

(b) either-

(i) signed the memorandum for a number of shares not less than his qualification, if any, or

(ii) taken from the company and paid cr agreed to pay for his qualification shares, if any; or

(iii) signed and delivered to the registrar for registration an undertaking in writing to take from the company and pay for his qualification shares, if any; or

(iv) made and delivered to the registrar for registration a statutory declaration to the effect that a number of shares, not less than his qualification, if any, are registered in his name.

(2) Where a person has signed and delivered as aforesaid an undertaking to take and pay for his quaii- fication shares, he shall, as regards those shares, be in the same position as if he had signed the inemoran- dum for that number of shares.

(3) On the application for registration of the memorandum and articles of a company the applicant shall deliver to the registrar a list of the who have consented to be directors of the company, persons and, if this list contains the name of any person who has not so consented the applicant shall be liable to a fine not exceeding five hundred doliars.

(4) This section shall not apply to-

(a) a company not having a share capital; or (b) a private company; or

before becoming a public company; or

(d)

a prospectus issued by or on behalf of a company after the expiration of one year from the date on which the company was entitled to commence business.

1025

140.-(1) Without prejudice to the restrictions imposed by the last foregoing section, it shall be the tion of

　　　　　　　　　　　　　　　　　　　　Qualifica- duty of every director who is by the articles of the director or company required to hold a specified share qualifica- manager. tion, and who is not already qualified, to obtain his 19 & 20 Geo. qualification within two months after his appointment, s. 141.

5, c. 23, or such shorter time as may be fixed by the articles.

(2) For the purpose of any provision in the articles requiring a director or manager to hold a specified share qualification, the bearer of a share warrant shajl not be deemed to be the holder of the shares specified in the warrant.

(3) The office of director of a company shall be vacated if the director does not within two months from the date of his appointment, or within such shorter time as may be fixed by the articles, obtain his qualification, or if after the expiration of the said period or shorter time he ceases at any time to hold his qualification.

(4) A person vacating office under this section shail be incapable of being re-appointed director of the company until he has obtained his qualification.

(5) If after the expiration of the said period or shorter time any unqualified person acts as a director

1026

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Frovisions

as to indis- charged bankrupts acting as directors. 19 & 20 Geo. 5, c. 23, s 142.

Validity of

acts of

directors. 19 & 20 Gen. 5, c. 23, s. 143. Register of du ectors.

19 & 20 Geo. 5, c. 23,

s. 144.

of the company, he shall be liable to a fine not ex- ceeding fifty dollars for every day between the expiration of the said period or shorter time or the day on which he ceased to be qualified, as the case may be, and the last day on which it is proved that he acted as a director.

141.-(1) If any person being an undischarged bankrupt acts as director of, or directly or indirectly takes part in or is concerned in the management of, any company except with the leave of the court by which he was adjudged bankrupt, he shall be liable on conviction on indictment to imprisonment for a term not exceeding two years, or on summary convic- tion to imprisonment for a term not exceeding six months or to a fine not exceeding five thousand dollars, or to both such imprisonment and fine:

Provided that a person shall not be guilty of an offence under this section by reason that he, being an undischarged bankrupt, has acted as director of, or taken part or been concerned in the management of, a company, if at the commencement of this Ordinance he was acting as director of, or taking part or being concerned in the management of, that company and has continuously so acted, taken part, or been concerned since that date and the bankruptcy was prior to that date.

(2) The leave of the court for the purposes of this section shall not be given unless notice of intention to apply therefor has been served on the official receiver and it shall be the duty of the official receiver, if he is of opinion that it is contrary to the public interest that any such application should be granted, to attend on the hearing of and oppose the granting of the application.

(3) In this section the expression "company" includes an unregistered company and a company incorporated outside the Colony which has established place of business within the Colony, and the expression "official receiver" means the official receiver in bankruptcy.

142. The acts of a director or manager shall be valid notwithstanding any defect that may afterwards be discovered in his appointment or qualification.

143. (1) Every company shall keep at its regis- tered office a register of its directors or managers containing with respect to each of them the following particulars, that is to say-

(a) in the case of an individual, his present christian name and surname, any former christian name or surname, his usual residen- tial address, his nationality, and, if that nationality is not the nationality of origin, his nationality of origin, and his business oc- cupation, if any, or, if he has no business occupation but holds any other directorship or directorships, particulars of that directorship or of some one of those directorships; and (b) in the case of a corporation, its corporate

name and registered or principal office.

(2) The company shall, within the periods respect- ively mentioned in this subsection, send to the regis- trar of companies a return in the prescribed form con- taining the particulars specified in the said register and a notification in the prescribed form of any change among its directors or in any of the particulars contained in the register.

The period within which the said return is to be sent shall be a period of fourteen days from the appointment of the first directors of the company, and the period within which the said notification of a change is to be sent shall be fourteen days from the happening thereof.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

(3) The register to be kept under this section : hail during business hours (subject to such reasonable re- strictions as the company may by its articles or in general meeting impose, so that not less than two hours in each day be allowed for inspection) be open to the inspection of any member of the company without charge and of any other person on payment of one dollar, or such less sum as the company may prescribe, for each inspection.

(4) If any inspection required under this section is refused or if default is made in complying with sub- section (1) or subsection (2) of this section, the com- pany and every officer of the company who is in default shall be liable to a default fine.

(5) In the case of any such refusal, the court may by order compel an immediate inspection of the register.

(6) For the purposes of this section, a person in accordance with whose directions or instructions the directors of a company are accustomed to act shall be deemed to be a director and officer of the company.

in trade

144. (1) Every company to which this section Particulars applies shall, in all trade catalogues, trade circulars, with respect showcards and business letters on or in which the to directors company's name appears and which are issued or sent catalogues, by the company to any person in any part of His circulars, Majesty's dominions, state in legible characters with &c. respect to every director being a corporation, the cor- 5 c. 23. porate name, and with respect to every director being an individual, the following particulars-

(a) his present christian name, or the initiais

thereof, and present surname;

(b) any former christian names and surnames;

(d) his nationality of origin, if his nationality is

not the nationality of origin:

Provided that, if special circumstances exist which render it in the opinion of the court expedient that such an exemption should be granted, the court may by order grant, subject to such conditions as may be specified in the order, exemption from the obligations imposed by this subsection.

(2) This section shall apply to-

(a) every company registered under this Ordin- ance or the Ordinances repealed by this Ordinance; and

(b) every company incorporated outside the Colony which has an established place of business within the Colony; and

19 & 20 Geo.

17.

145.

(c) every company registered under the Money Ordinance lenders Ordinance, 1911, whenever it was No. 16 of registered or whenever it established a place 1911. of business.

(3) If a company makes default in complying with this section, every director of the company shall be liable on summary conviction for each offence to a fine not exceeding fifty dollars, and, in the case of a director being a corporation, every director, secretary and officer of the corporation, who is knowingly a party to the default, shall be liable to a like penalty:

Provided that no proceedings shall be instituted under this section except by, or with the consent of, the Attorney General.

(4) For the purposes of this section-

(a) the expression "director" includes any person in accordance with whose directions or in- structions the directors of the company are accustomed to act;

1027

1028

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Limited company may have directors with nu- limited liability. 19 & 20 Geo. 5, c. 23, s. 146.

Special re- solution of limited

company

making

liability of directors

unlimited.

(b) the expression 'christian name" includes a

forename;

abbreviation of a christian name;

(d) In the case of a peer or person usually known by a title different from his surname, the expression "surname" means that title; (e) references to a former christian name or sur-

name do not include

(i) in the case of a peer or a person usually known by a British title different from his surname, the name by which he was known previous to the adoption of or succession to the title; or

(ii) in the case of natural born British subjects, a former christian name or sur- name where that name or surname was changed or disused before the person bear- ing the name attained the age of eighteen

years; or

(iii) in the case of a married woman, the name or surname by which she was known previous to the marriage;

(f) the expression "showcards" means cards containing or exhibiting articles dealt with, or samples or representations thereof.

145.--(1) In a limited company the liability of the directors or managers, or of the managing director, may, if so provided by the memorandum, be un- limited.

(2) In a limited company in which the liability of a director or manager is unlimited, the directors or managers of the company, if any, and the member who proposes a person for election or appointment to the office of director or manager, shall add to that proposal a statement that the liability of the person holding that office will be unlimited, and the promoters, directors, managers, and secretary, if any, of the company, or one of them, shall, before the person accepts the office or acts therein, give him notice in writing that his liability will be unlimited.

(3) If any director, manager, or proposer makes default in adding such a statement, or if any promoter, director, manager, or secretary makes default in giving such a notice, he shall be liable to a fine not excceding one thousand dollars, and shall also be liable for any damage which the person so elected or appointed may sustain from the default, but the liability of the person elected or appointed shall not be affected by the default.

146.-(1) A limited company, if so authorised by its articles, may, by special resolution, alter its memorandum so as to render unlimited the liability of its directors, or managers, or of any managing director.

(2) Upon the passing of any such special resolution 19 & 20 Geo. the provisions thereof shall be as valid as if they had

been originally contained in the memorandum.

5, c. 23, s. 147.

Statement

as to re- muneration of directors to be fur- nished to share-

147.-(1) Subject as hereinafter provided,

provided, the directors of a company shall, on a demand in that behalf made to them in writing by members of the company entitled to not less than one-fourth of the aggregate number of votes to which all the members of the company are together entitled, furnish to all the members of the company within a period of one 19 & 20 Geo. month from the receipt of the demand a statement, certified as correct, or with such qualifications as may be necessary, by the auditors of the company, show- ing as respects each of the last three preceding years

holders.

5. c. 23,

s 148.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

in respect of which the accounts of the company have been made up the aggregate amount received in that year by way of renumeration or other emoluments by persons being directors of the company, whether as such directors or otherwise in connection with the management of the affairs of the company, and there shall, in respect of any such director who is

(a) a director of any other company which is in relation to the first-mentioned company a subsidiary company; or

(b) by virtue of the nomination, whether direct or indirect, of the company a director of any other company;

be included in the said aggregate amount any remuneration or other emoluments received by him for his own use whether as a director of, or otherwise in connection with the management of the affairs of, that other company :

Provided that-

(i) a demand for a statement under this section shall be of no effect if the company within one month after the date on which the de- mand is made resolve that the statement shall not be furnished; and

(ii) it shall be sufficient to state the total aggre- gate of all sums paid to or other emoluments received by all the directors in each year without specifying the amount received by any individual.

(2) In computing for the purpose of this section the amount of any remuneration or emoluments received by any director, the amount actually received by him shall, if the company has paid on his behalf any sum by way of income tax (including super-tax and sur-tax) in respect of the remuneration or emolu- ments, be increased by the amount of the sum so paid.

(3) If any director fails to comply with the require- ments of this section, he shall be liable to a fine not exceeding five hundred dollars.

(4) In this section the expression "emoluments" includes fees, percentages and other payments made or consideration given, directly or indirectly, to a director as such, and the money value of any allow- ances or perquisites belonging to his office.

148. (1) Subject to the provisions of this section, Disclosure it shall be the duty of a director of a company who by directors is in any way, whether directly or indirectly, interest- of interest ed in a contract or proposed contract with the in contracts, company to declare the nature of his interest at a 5, c. 23, meeting of the directors of the company.

(2) In the case of a proposed contract the declara- tion required by this section to be made by a director shall be made at the meeting of the directors at which the question of entering into the contract is first taken into consideration, or, if the director was not at the date of that meeting interested in the proposed contract, at the next meeting of the directors held after he became so interested, and, in a case where the director becomes interested in a contract after it is made, the said declaration shall be made at the first meeting of the directors held after the director becomes so interested.

(3) For the purpose of this section, a general notice given to the directors of a company by a director to the effect that he is a member of a specified company or firm and is to be regarded as interested in any

19 & 20 Geo.

s. 149.

1029

1030 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Provision as

to payments received by loss of office or on retire-

directors for

nient.

19 & 20 Geo. 5, c. 23, 3. 150.

contract which may, after the date of the notice, be made with that company or firm shall be deemed to be a sufficient declaration of interest in relation to any contract so made.

(4) Any director who fails to comply with the pro- visions of this section shall be liable to a fine not exceeding one thousand dollars.

(5) Nothing in this section shall be taken to pre- judice the operation of any rule of law restricting directors of a company from having any interest in contracts with the company.

149.-(1) It is hereby declared that it is not lawful in connection with the transfer of the whole or any part of the undertaking or property of a company for any payment to be made to any director of the com- pany by way of compensation for loss of office, or as consideration for or in connection with his retire- ment from office, unless particulars with respect to the proposed payment, including the amount thereof, have been disclosed to the members of the company and the proposal approved by the company.

(2) Where a payment which is hereby declared to be illegal is made to a director of the company, the amount received shall be deemed to have been received by him in trust for the company.

(3) Where a payment is to be made as aforesaid to a director of a company in connection with the transfer to any persons, as a result of an offer made to the general body of shareholders, of all or any of the shares in the company, it shall be the duty of that director to take all reasonable steps to secure that particulars with respect to the proposed pay. ment, including the amount thereof, shall be included in or sent with any notice of the offer made for their shares which is given to any shareholders.

(4) If any such director fails to take reasonable steps as aforesaid, or if any person who has been properly required by any such director to include the said particulars in or send them with any such notice. fails so to do, he shall be liable to a fine not exceed- ing two hundred and fifty dollars, and if the require- ments of the last foregeing subsection are complied with in relation to any such payment as is mentioned in the said subsection, any sum received by the director on account of the payment shall be deemed to have been received by him in trust for any persons who have sold their shares as a result of the offer made.

not

(5) If in connection with any such transfer as aforesaid the price to be paid to a director of the company whose office is to be abolished or who is to retire from office for any shares in the company held by him is in excess of the price which could at the time have been obtained by other holders of the like shares or any valuable consideration is given to any such director, the excess or the money value of the consideration, as the case may be, shall, for the purposes of this section, be deemed to have been a pay- ment made to him by way of compensation for loss of office or as consideration for or in connection with his retirement from office.

(6) Nothing in this section shall be taken to pre- judice the operation of any rule of law requiring disclosure to be made with respect to any such pay- ments as are mentioned in this section or with respect to any other like payments made or to be made to the directors of a company.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

150. If in the case of any company provision is Provisions made by the articles or by any agreement entered into as to assign- between any person and the company for empowering ment of office by a director or inanager of the company to assign his directors. office as such to another person, any assignment of 19 & 20 Geo. office made in pursuance of the said provision shall, 5, c. 23, notwithstanding anything to the contrary contained s. 151. in the said provision, be of no effect unless and until it is approved by a special resolution of the company.

Avoidance of Provisions in Articles or Contracts relieving Officers from Liability.

151. Subject as hereinafter provided, any provi- Provisions sion, whether contained in the articles of a company as to lia- or in any contract with a company or otherwise, for bility of

　　　　　　　　　　　　　　　　　　　　　　　　　officers and exempting any director, manager or officer of the com- and tors.

　　　　　　　　　　officer of the 19 & 20 Geo. pany, or any person (whether company or not) employed by the company as auditor 5, c. 23, from, or indemnifying him against, any liability s. 152. which by virtue of any rule of law would otherwise attach to him in respect of any negligence, default, breach of duty or breach of trust of which he may be guilty in relation to the company shall be void:

Provided that-

have

(a) in relation to any such provision which is in force at the date of the commencement of this Ordinance, this section shall effect only on the expiration of a period of six months from that date; and (b) nothing in this section shall operate to deprive any person of any exemption or right to be indemnified in respect of any- thing done or omitted to be done by hin while any such provision was in force; and (c) notwithstanding anything in this section, a company may, in pursuance of any such provision as aforesaid, indemnify any such director, manager, officer or auditor against any liability incurred by him in defending any proceedings, whether civil or criminal, in which judgment is given in his favour or in which he is acquitted or in connection with any application under section three hundred and forty-five of this Ordinance in which relief is granted to him by the court..

Arrangements and Reconstructions.

tors and

152.-(1) Where a compromise or arrangement is Power to proposed between a company and its creditors or any compromise class of them, or between the company and its with credi members or any class of them, the court may, on the members. application in a summary way of the company or of 19 & 20 Geo. any creditor or member of the company, or, in the 5, c. 23, case of a company being wound up, of the liquidator, s. 153. order a meeting of the creditors or class of creditors, or of the members of the company or class of members, as the case may be, to be summoned in such manner as the court directs.

(2) If a majority in number representing three- fourths in value of the creditors or class of creditors, or members or class of members, as the case may be, present and voting either in person or by proxy at the meeting, agree to any compromise or arrangement, the compromise or arrangement shall, if sanctioned by the court, be binding on all the creditors or the class of creditors, or on the members or class of members, as the case may be, and also on the com- pany or, in the case of a company in the course of being wound up, on the liquidator and contributories of the company.

(3) An order made under subsection (2) of this section shall have no effect until an office copy of the order has been delivered to the registrar of companies for registration, and a copy of every such order shall be annexed to every copy of the memorandum of

1031

1032

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Provisions

for facilitat ing recon- struction and amalga mation of companies. 19 & 20 Geo. 5, c. 23, s. 154.

the company issued after the order has been made, or, in the case of a company not having a memoran- dum, of every copy SO issued of the instrument constituting or defining the constitution of the com- pany.

(4) If a company makes default in complying with subsection (3) of this section, the company and every officer of the company who is in default shall be liable to a fine not exceeding ten dollars for each copy in respect of which default is made.

(5) In this section the expression "company" means any company liable to be wound up under this Ordinance, and the expression "arrangement" in- cludes a re-organisation of the share capital of the company by the consolidation of shares of different classes or by the division of shares into shares of different classes or by both those methods.

153.-(1) Where an application is made to the court under the last foregoing section of this Ordinance for the sanctioning of a compromise or arrangement proposed between a company and any such persons as are mentioned in that section, and it is shown to the court that the compromise or arrangement has been proposed for the purposes of or in connection with a scheme for the reconstruction of any company or companies or the amalgamation of any two or more companies, and that under the scheme the whole or any part of the undertaking or the property of any company concerned in the scheme (in this section referred to as "a transferor company') is to be trans- ferred to another company (in this section referred to as "the transferee company'), the court may, either by the order sanctioning the compromise or arrangement or by any subsequent order, make pro- vision for all or any of the following matters :--

(a) the transfer to the transferee company of the whole or any part of the undertaking and of the property or liabilities of any transferor

company;

(b) the allotting or appropriation by the transferee company of any shares, debentures, policies, or other like interests in that company which under the compromise or arrangement are to be allotted or appropriated by that company to or for any person;

(c) the continuation by or against the transferee company of any legal proceedings pending by or against any transferor company:

(d) the dissolution, without winding up, of any

transferor company;

(e) the provision to be made for any persons, who within such time and in such manner as the court inay direct, dissent from the compromise or arrangement; (f) such incidental, consequential and supple- mental matters as are necessary to secure that the reconstruction or amalgamation shall be fully and effectively carried out.

(2) Where an order under this section provides for the transfer of property or liabilities, that property shall, by virtue of the order, be transferred to and vest in, and those liabilities shall, by virtue of the order, be transferred to and become the liabilities of, the transferee company, and in the case of any property, if the order so directs, freed from any charge which is by virtue of the compromise or arrangement to cease to have effect.

(3) Where an order is made under this section, every company in relation to which the order is made shall cause an office copy thereof to be delivered to the registrar of companies for registration within seven

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

1033

days after the making of the order, and if default is made in complying with this subsection, the company and every officer of the company who is in default shall be liable to a default fine.

(4) In this section the expression "property" in- cludes property, rights and powers of every descrip- tion, and the expression "liabilities" includes duties.

(5) Notwithstanding the provisions of subsection (5) of the last foregoing section, the expression "com- pany" in this section does not include any company other than a company within the meaning of this Ordinance.

shareholders

154.-(1) Where a scheme contract involving Fower to the transfer of shares or any class of shares in a com- acquire pany (in this section referred to as "the transferor shares of company') to another company, whether a company dissenting within the meaning of this Ordinance or not (in this from section referred to as "the transferce company''), scheme or has within four months after the making of the offer contract in that behalf by the transferee company been approved by approved by the holders of not less than nine-tenths 19 & 20 Geo.

　　　　　　　　　　　　　　　　　　majority. in value of the shares affected, the transferee company 5, c. 23, may, at any time within two months after the s. 155. expiration of the said four months, give notice in the prescribed manner to any dissenting shareholder that it desires to acquire his shares, and where such a notice is given the transferee company shall, unless on an application made by the dissenting shareholder within one month from the date on which the notice was given the court thinks fit to order otherwise, be entitled and bound to acquire those shares on the terms on which under the scheme or contract the shares of the approving shareholders are to be trans- ferred to the transferee company :

Provided that, where any such scheme or contract has been so approved at any time before the com- mencement of this Ordinance, the court may by order, on an application made to it by the transferee company within two months after the commencement of this Ordinance, authorise notice to be given under this section at any time within fourteen days after the making of the order, and this section shall apply accordingly, except that the terms on which the shares of the dissenting shareholder are to be acquired shall be such terms as the court may by the order direct instead of the terms provided by the scheine or contract.

(2) Where a notice has been given by the transferee company under this section and the court has not, on an application made by the dissenting shareholder, ordered to the contrary, the transferee company shail, on the expiration of one month from the date which the notice has been given, or, if an application to the court by the dissenting shareholder is then pending, after that application has been disposed of, transmit a copy of the notice to the transferor com- pany and pay or transfer to the transferor company the amount or other consideration representing the price payable by the transferee company for the shares which by virtue of this section that company is entitled to acquire, and the transferor company shall thereupon register the transferee company as the holder of those shares.

(3) Any sums received by the transferor company under this section shall be paid into a separate bank account, and any such sums and any other considera- tion so received shall be held by that company on trust for the several persons entitled to the shares in respect of which the said sums or other considera- tion were respectively received.

(4) In this section the expression "dissenting share- holder" includes a shareholder who has not assented to the scheme or contract and any shareholder who has failed or refused to transfer his shares to the transferee company in accordance with the scheme or contract.

Kuzmics Library City Bal

1034 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Modes of winding up. 19 & 20 Geo.

5, c. 23,

#. 156.

Liability as

of present

and past members.

PART V.

WINDING UP.

(i) PRELIMINARY.

Modes of Winding Up.

155.-(1) The winding up of a company may be

either-

(a) by the court; or

(b) voluntary; or

(2) The provisions of this Ordinance with respect to winding up apply, unless the contrary appears, to the winding up of a company in any of those modes.

Contributorics.

156.-(1) In the event of a company being wound contributories up, every present and past member shall be liable to contribute to the assets of the company to an amount suflicient for payment of its debts and liabilities, and the costs, charges, and expenses of the winding up, and for the adjustment of the rights of the tributories among themselves, subject to the provi- sions of subsection (2) of this section and the following qualifications:-

19 & 20 Geo.

5, c. 23,

s. 157.

con-

(a) a past member shall not be liable to contribute if he has ceased to be a member for one year or upwards before the commencement of the winding up:

(b) a past member shall not be liable to contribute in respect of any debt or liability of the com- after he ceased to be a pany contracted

member:

(c) a past member shall not be liable to contribute unless it appears to the court that the existing members are unable to satisfy the con- tributions required to be made by them in pursuance of this Ordinance:

(d) in the case of a company limited by shares no contribution shall be required from ary member exceeding the amount, if any, unpaid on the shares in respect of which he is liable as a present or past member: (e) in the case of a company limited by guarantee, no contribution shall, subject to the provisions of subsection (3) of this section, be required from any member exceeding the amount undertaken to be contributed by him to the assets of the company in the event of its being wound up:

(f) nothing in this Ordinance shall invalidate

any provision contained in

in any policy of insurauce or other contract whereby the liability of individual members on the policy or contract is restricted, or whereby the funds of the company are alone made liable in respect of the policy or contract: (g) a sum due to any member of a company, in his character of a member, by way of dividends, profits or otherwise, shall not be deemed to be a debt of the company, payable to that member in a case of competition between himself and any other creditor not a member of the company, but any such sum may be taken into account for the purpose of the final adjustment of the rights of the con- tributorics among themselves.

(2) In the winding up of a limited company. any director or manager, whether past or present, whose liability is, under the provisions of this Ordinance, unlimited, shall, in addition to his liability (if any) to contribute as an ordinary member, be liable to make a further contribution as if he were at the cornmence- unlimited ment of the winding up a member of an company:

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932. 1035

Provided that--

(a) a past director or manager shall not be liable to make such further contribution if he has ceased to hold office for a year or upwards before the commencement of the winding up: (b) a past director or manager shall not be liable to make such further contribution in respect of any debt or liability of the company con- tracted after he ceased to hold office: (c) subject to the articles of the company, a director or manager shall not be liable to make such further contribution unless the court deems it necessary to require that con- tribution in order to satisfy the debts and liabilities of the company, and the costs, charges, and expenses of the winding up.

(3) In the winding up of a company limited by guarantee which has a share capital, every member of the company shall be liable, in addition to the amount undertaken to be contributed by him to the assets of the company in the event of its being wound up, to contribute to the extent of any surns unpaid on any shares held by him.

5, c. 23,

157. The term "contributory" means every person Definition of liable to contribute to the assets of a company in the contributory. event of its being wound up, and for the purposes of all 19 & 20 Geo. proceedings for determining, and all proceedings prior s. 158. to the final determination of, the persons who are to be deemed contributories, includes any person alleged to be a contributory.

158. The liability of a contributory shall create a Nature of debt of the nature of a specialty accruing due from liability of him at the time when his liability commenced, but contributory.

19 & 20 Geo. payable at the times when calls are made for enforcing 5, c. 23, the liability.

s. 159.

death of

159.-(1) If a contributory dies either before or Contribu after he has been placed on the list of contributories, tories in his personal representatives (and his heirs or other case of inheritors in countries where property does not pass member. to personal representatives) shall be liable in due 19 & 20 Geo. course of administration to contribute to the assets of 5, c. 23, the company in discharge of his liability and shall be s. 160 contributories accordingly.

(2) Where the personal representatives are placed on the list of contributories, such heirs or inheritors need not be added, but they may be added as and when the court thinks fit.

(3) If the personal representatives make default in paying any money ordered to be paid by them, pro- ceedings may be taken for administering the estate of the deceased contributory, and for compelling payment thereout of the money due.

160. If a contributory becomes bankrupt, either Contribu before or after he has been placed on the list of con- tories in tributories--

s. 161.

case of bankruptcy (1) his trustee in bankruptcy shall represent him of member.

for all the purposes of the winding-up, and 19 & 20 Geo. shall be a contributory accordingly, and may 5, c. 23, be called on to admit to proof against the estate of the bankrupt, or otherwise to allow to be paid out of his assets in due course of law, any money due from the bankrupt in respect of his liability to contribute to the assets of the company; and

(2) there may be proved against the estate of the bankrupt the estimated value of his liability to future calls as well as calls already made.

161.-(1) The husband of a female contributory Provision as married before the first day of January, 1883, shall to married during the continuance of the marriage, be liable, as 19 & 20 Geo. respects any liability attaching to any shares acquired 5, c. 23, by her before that date, to contribute to the assets s. 162.

women.

1030

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Ordinance No. 5 of 1906, s. 27.

Jurisdiction

to wind up companies rogistered in the Colony.

19 & 20 Geo.

5, c. 23,

s. 163.

Circum- stances in which com-

pany may

be wound

up by court

19 & 20 Gea

5, c. 23, s. 168.

Definition

of inability

to pay

debts.

19 & 20 Geo.

5, c. 23,

s. 169.

Provisions as to appli- cations for

winding up.

19 & 20 Geo. 5, c. 23, s. 170.

of the company the same sum as she would have been liable to contribute if she had not married, and he shall be a contributory accordingly.

(2) Subject as aforesaid, nothing in this Ordinance shall affect the provisions of the Married Women's Property Ordinance, 1906.

(ii) WINDING UP BY THE Court.

Jurisdiction.

162. The Court shall have jurisdiction to wind up any company registered in the Colony.

Cases in which Company may be wound up by Court.

163. A company may be wound up by the court if

(1) the company has by special resolution resolved that the company be wound up by the court: (2) default is made in delivering the statutory report to the registrar or in holding the statu- tory meeting:

(3) the company does not commence its business

within λ year from its incorporation, suspends its business for a whole year: (4) the number of members is reduced, in the case of a private company, below two, or, in the case of any other company, below seven : (5) the company is unable to pay its debts: (6) the court is of opinion that it is just and equitable that the company should be wound

up.

164. A company shall be deemed to be unable to pay its debts-

(1) if a creditor, by assignment or otherwise, to whom the company is indebted in a sum ex- ceeding five hundred dollars then due, has served on the company, by leaving it at the registered office of the company, a demand under his hand requiring the company to pay the sum so due, and the company has for three weeks thereafter neglected to pay the sum, or to secure or compound for it to the reasonable satisfaction of the creditor; or (2) if execution or other process issued on a judgment, decree or order of any court in favour of a creditor of the company is returned unsatisfied in whole or in part; or

(3) if it is proved to the satisfaction of the court that the company is unable to pay its debts, and, in determining whether a company is unable to pay its debts, the court shall take into account the contingent and prospectiva liabilities of the company.

Petition for Winding Up and Effects thereof. 165. (1) An application to the court for the winding up of a company shall be by petition, pre- sented subject to the provisions of this section either by the company, or by any creditor or creditors (including any contingent or prospective creditor or creditors), contributory or contributorics, or by all or any of those parties, together or separately:

Provided that-

(a) A contributory shall not be entitled to present

a winding-up petition unless-

(i) either the number of members reduced, in the case of a private company, below two, or, in the case of any other company, below seven; or

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

(ii) the shares in respect of which he is a contributory, or some of them, either were originally allotted to him or have been held by him, and registered in his name, for at least six months during the eighteen months before the commence- ment of the winding up, or have devolved - on him through the death of a former holder; and

(b) A winding-up petition shall not, if the ground of the petition is default in delivering the statutory report to the registrar or in holding the statutory meeting, be presented by any person except a shareholder, nor before the expiration of fourteen days after the last day on which the meeting ought to have been held; and

(c) The court shall not give a hearing to a wind- ing-up petition presented by a contingent or prospective creditor until such security for costs has been given as the court thinks reasonable and until a primâ facie case for winding up has been established to the satisfaction of the court.

(2) Where a company is being wound up voluntarily or subject to supervision, a winding-up petition may be presented by the official receiver attached to the court as well as by any other person authorised in that behalf under the other provisions of this section, but the court shall not make a winding-up order on the petition unless it is satisfied that the voluntary winding up or winding up subject to supervision cannot be continued with due regard to the interests of the creditors or contributories.

8IX

(3) Where under the provisions of this Part of this Ordinance any person as being the husban:1 of !! female contributory is himself a contributory, and a share has during the whole or any part of the months mentioned in proviso (a) (ii) to subsection (1) of this section been held by or registered in the name of the wife, or by or in the name of a trustee for the wife or for the husband, the share shall, for the purposes of this section, be deemed to have been held by and registered in the name of the husband.

petition,

166.-(1) On hearing a winding-up petition the Powers of court may dismiss it, or adjourn the hearing con court on ditionally or unconditionally, or make any interini hearing order, or any other order that it thinks fit, but the 19 & 20 Geo court shall not refuse to make a winding-up order 5, c. 23, on the ground only that the assets of the company s. 171. have been mortgaged to an amount equal to or in excess of those assets, or that the company has no assets.

(2) Where the petition is presented on the ground of default in delivering the statutory report to the registrar or in holding the statutory meeting, the court may-

(a) instead of making a winding-up order, direct that the statutory report shall be delivered or that a meeting shall be held; and

(b) order the costs to be paid by any persons

who, in the opinion of the responsible for the default.

court, are,

of a Power to

167. At any time after the presentation winding-up petition, and before a winding-up order stay or re- has been made, the company, or any creditor or con- strain pro- tributory, may-

ceedings against company.

(a) where any action or proceeding against the 19 & 20 Geo. company is pending in any court, apply to 5, c. 23. the court in which the action or proceedings. 172. is pending for a stay of proceedings therein; and

1037

1038

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Avoidance of

(b) where any other action or proceeding 18 pending against the company, apply to the court having jurisdiction to wind up the company to restrain further proceedings in the action or proceeding;

and the court to which application is so made may, as the case may be, stay or restrain the proceedings accordingly on such terms as it thinks fit.

dis-

168. In a winding up by the court, any dispositions position of the property of the company, including of property, things in action, and any transfer of shares, or altera- &c. after

tion in the status of the members of the company, made after the commencement of the winding up, shall, unless the court otherwise orders, be void.

commence. ment of

winding up. 19 & 20 Gej. 5, c. 23,

. 173.

Avoidance of attach- Inents, &c. 19 & 20 Geo. 5, c. 23,

s. 174.

Cominence-

ment of

winding up by the court.

19 & 20. Geo. 5, c. 23, s. 175.

Copy of

order to be forwarded

to registrar.

19 & 20 Goo. 5, c. 23, s. 176.

order.

Actions stayed on winding-up 19 & 20 Geo. 5, c. 23, s. 177.

Effect of winding-up order.

19 & 20 Geo

5, c. 23, 8. 178.

Official

receiver in bankruptcy to be official receiver for winding-up purposes. 19 & 20 Geo. 5, c. 23, s. 179.

169. Where any company is being wound up by the court, any attachment, sequestration, distress, or execution put in force against the estate or effects of the company after the commencement of the winding up shall be void to all intents.

Commencement of Winding Up.

170.-(1) Where before the presentation of a peti- tion for the winding up of a company by the court a resolution has been passed by the company for voluntary winding up, the winding up of the com- pany shall be deemed to have commenced at the time of the passing of the resolution, and unless the court, on proof of fraud or mistake, thinks fit other- wise to direct, all proceedings taken in the voluntary winding up shall be deemed to have been validly taken.

(2) In any other case, the winding up of a company by the court shall be deemed to commence at the time of the presentation of the petition for the winding up.

Consequences of Winding-up Order.

171. On the making of a winding-up order, a copy of the order must forthwith be forwarded by the company, or otherwise as may be prescribed, to the registrar of companies, who shall make a minute thereof in his books relating to the company.

172. When a winding-up order has been made, or a provisional liquidator has been appointed, no action or proceeding shall be proceeded with or commenced against the company except by leave of the court, and subject to such terms as the court may impose.

173. An order for winding up a company shall operate in favour of all the creditors and of all the contributories of the company as if made on the joint petition of a creditor and of a contributory.

Official Receiver in Winding Up.

174.-(1) For the purposes of this Ordinance so far as it relates to the winding up of companies by the court the term "official receiver' means the official receiver, if any, attached to the court for bankruptcy purposes, or if there is more than one such official receiver, then such one of them as the Governor may appoint, or, if there is no such official receiver, then an officer appointed for the purpose by the

Governor

(2) But, for the purposes of this Ordinance, so far as it relates to the winding up of China companies or Hong Kong China companies by or under the supervision of the Supreme Court for China, and so far as it relates to the voluntary winding-up of China companies and Hong Kong China companies by liquidators appointed to act within the limits of the China Orders in Council, "official receiver" shall mean any person appointed in that behalf by the judge of the Supreme Court for China.

32.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

1039

(3) Any such officer shall for the purpose of his duties under this Ordinance be styled "the official receiver.

official

175. If in the case of the winding up of any com- Appoint- pany by the court it appears to the court desirable, ment of with a view to securing the more convenient und receiver by economical conduct of the winding up, that some Court in officer, other than the person who would by virtue of certain the last foregoing section of this Ordinance be the cases. official receiver, should be the official receiver for the 19 & 20 Geo.

5, c. 23, purposes of that winding up, the court may appoint

　　　　　　　　　　　　　　　　　　　　　　　s. 180. that other officer to act as official receiver in that

winding up, and the person so appointed shall be deemed to be the official receiver in that winding up for all the purposes of this Ordinance.

affairs to be

176.-(1) Where the court has made a winding-up Statement order or appointed a provisional liquidator, there shall, of company's unless the court thinks fit to order otherwise and so submitted orders, be made out and submitted to the official to official receiver a statement as to the affairs of the company receiver. in the prescribed form, verified by affidavit, and show- 19 & 20 Geo.

5, c. 23, ing the particulars of its assets, debts, and liabilities,

　　　　　　　　　　　　　　　　　　　　　　　s. 181. the names, residences, and occupations of its creditors, the securities held by them respectively, the dates when the securities were respectively given, and such further or other information as may be prescribed or as the official receiver may require.

(2) The statement shall be submitted and verified by one.or more of the persons who are at the relevant date the directors and by the person who is at that date the secretary or other chief officer of the com- pany, or by such of the persons hereinafter in this subsection mentioned as the official receiver, subject to the direction of the court, may require to submit and verify the statement, that is to say, persons-

(a) who are or have been directors or officers of the

company;

(b) who have taken part in the formation of the company at any time within one year before the relevant date;

(c) who are in the employment of the company, or have been in the employment of the com- pany within the said year, and are in the opinion of the official receiver capable of giving the information required;

(d) who are or have been within the said year officers of or in the employment of a company, which is, or within the said year was, an officer of the company to which the statement relates.

(3) The statement shall be submitted within twenty-eight days from the relevant date, or within such extended time as the official receiver or the court may for special reasons appoint.

(4) Any person making or concurring in making the statement and affidavit required by this section shall be allowed, and shall be paid by the official receiver or provisional liquidator, as the case may be, out of the assets of the company, such costs and expenses in- curred in and about the preparation and making of the statement and affidavit as the official receiver may consider reasonable, subject to an appeal to the court.

(5) If any person, without reasonable excuse, makes default in complying with the requirements of this section, he shall be liable to a fine not exceeding one hundred dollars for every day during which the default

continues.

(6) Any person stating himself in writing to be a creditor or contributory of the company shall be en- titled by himself or by his agent at all reasonable times, on payment of the prescribed fee, to inspect the statement submitted in pursuance of this section, and to a copy thereof or extract therefrom.

1040

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Report by

official receiver.

19 & 20 Geo.

5, c. 23,

s. 182.

Power of

court to

appoint liquidators

19 & 20 Geo 5, c. 23, s. 183.

Appoint- ment and

powers of provisional liquidator. 19 & 20 Geo. 5, c. 23,

s. 184.

Appoint- ment, style &c. of

liquidators.

19 & 20 Geo.

5, c. 23,

8. 185.

(7) Any person untruthfully so stating himself to be a creditor or contributory shall be guilty of a contempt of court and shall, on the application of the liquidator or of the official receiver, be punishable accordingly.

(8) In this section the expression "the relevant date" means in a case where a provisional liquidator is appointed, the date of his appointment, and, in a case where no such appointment is made, the date of the winding up order.

177.-(1) In a case where a winding-up order is made, the official receiver shall, as soon as practicable after receipt of the statement to be submitted under the last foregoing section, or, in a case where the court orders that no statement shall be submitted, as soon as practicable after the date of the order, submit a preliminary report to the court-

(a) as to the amount of capital issued, subscribed,

and paid up, and the estimated amount of assets and liabilities; and

(b) if the company has failed, as to the causes of

the failure; and

(c) whether in his opinion further inquiry is desirable as to any matter relating to the pro- motion, formation or failure of the company, or the conduct of the business thereof.

(2) The official receiver may also, if he thinks fit, make a further report, or further reports, stating the manner in which the company was formed and whether in his opinion any fraud has been committed by any person in its promotion or formation, or by any director or other officer of the company in relation to the company since the formation thereof, and any other matters which in his opinion it is desirable to bring to the notice of the court.

(3) If the official receiver states in any such further report as aforesaid that in his opinion a fraud has been committed as aforesaid, the court shall have the further powers provided in sections two hundred and eight and two hundred and nine of this Ordinance.

Liquidators.

178. For the purpose of conducting the pro- ceedings in winding up a company and performing such duties in reference thereto as the court may im- pose, the court may appoint a liquidater or liquidators.

179.-(1) Subject to the provisions of this section, the court may appoint a liquidator provisionally at any time after the presentation of a winding up petition.

(2) The appointinent of a provisional liquidator may be made at any time before the making of a winding up order, and either the official receiver or any other fit person may be appointed.

(3) Where a liquidator is provisionally appointed by the court, the court may limit and restrict his powers by the order appointing him.

180. The following provisions with respect to liquidators shall have effect on a winding-up order being made-

(1) The official receiver shall by virtue of his office become the provisional liquidator and shall continue to act as such until he or another person becomes liquidator and is capable of acting as such:

(2) The official receiver shall summon separate meetings of the creditors and contributories of

}

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

1041

་

the company for the purpose of determining whether or not an application is to be made to the court for appointing a liquidator in the place of the official receiver:

(3) The court may make any appointment and order required to give effect to any such deter- mination, and, if there is a difference be- tween the determinations of the meetings of the creditors and contributories in respect of the matter aforesaid, the court shall decide the difference and make such order thereon as the court may think fit:

(4) In any case where a liquidator is not appointed by the court, the official receiver shall be the liquidator of the company:

(5) The official receiver shall by virtue of his

office be the liquidator during any vacancy : (6) A liquidator shall be described, where a person other than the official receiver is liquidator, by the style of "the liquidator," and, where the official receiver is liquidator, by the style of "the official receiver and liquidator, of the particular company in respect of which he is appointed, and not by his individual

name.

181. Where in the winding up of a company by the Provisions court a person other than the official receiver is where appointed liquidator, that person--

person other than

(1) shall not be capable of acting as liquidator official

until he has notified his appointment to the receiver is registrar of companies and given security in appointed liquidator. the prescribed manner to the satisfaction of 19 & 20 Geo. the official receiver;

5, c. 23, s. 186.

(2) shall give the official receiver such information and such access to and facilities for inspecting the books and documents of the company, and generally such aid as may be requisite for enabling that officer to perform his duties under this Ordinance.

182.-(1) A liquidator appointed by the court may General resign or, on cause shown, be removed by the court.

provisions

as to

liquidators.

(2) Where a person other than the official receiver 19 & 20 Geo. is appointed liquidator, he shall receive such salary or 5, c. 23, remuneration by way of percentage or otherwise as the s. 188. court may direct, and, if more such persons than one are appointed liquidators, their remuneration shall be distributed among them in such proportions as the court directs.

(3) A vacancy in the office of a liquidator appointed by the court shall be filled by the court.

(4) If more than one liquidator is appointed by the court, the court shall declare whether any act by this Ordinance required or authorised to be done by the liquidator is to be done by all or any one or more of the persons appointed.

(5) Subject to the provisions of section two hundred and sixty-four of this Ordinance, the acts of a liquidator shall be valid notwithstanding any defects that may afterwards be discovered in his appointment or qualification.

183. Where a winding-up order has been made or Custody of where a provisional liquidator has been appointed, company's the liquidator, or the provisional liquidator, as the 19 & 20 Geo

property. case may be, shall take into his custody, or under his 5, c. 23, control, all the property and things in action to which s. 189. the company is or appears to be entitled,

ބ . .

1042 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Vesting of property of company in liquidator. 19 & 20 Geo. 5, c. 23, s. 190.

Powers of liquidator.

19 & 20 Geo. 5, c. 23, s. 191.

184. Where a company is being wound up by the court, the court may on the application of the liquidator by order direct that all or any part of the property of whatsoever description belonging to the company or held by trustees on its behalf shall vest in the liquidator by his official name, and thereupon the property to which the order relates shall vest accordingly, and the liquidator may, after giving such indemnity, if any, as the court inay direct, bring or defend in his official name any action or other legal proceeding which relates to that property or which it is necessary to bring or defend for the purpose of effectually winding up the company and recovering its property.

185.-(1) The liquidator in a winding up by the court shall have power with the sanction either of the court or of the committee of inspection-

(a) to bring or defend any action or other legal proceeding in the name and on behalf of the company:

(b) to carry on the business of the company, so far as may be necessary for the beneficial winding-up thereof :

him in the performance of his duties:

(d) to pay any classes of creditors in full: (e) to make any compromise or arrangement with creditors or persons claiming to be creditors, or having or alleging themselves to have any claim, present or future, certain or contingent, ascertained or sounding only in damages against the company, or whereby the company may be rendered liable: (to compromise all calls and liabilities to calls, debts, and liabilities capable of result- ing in debts, and all claims, present or future, certain or contingent, ascertained or sound- ing only in damages, subsisting or supposed to subsist between the company and a contributory, or alleged contributory, or other debtor or person apprehending liability to the company, and all questions in any way relating to or affecting the assets or the winding up of the company, on such terms as may be agreed, and take any security for the discharge of any such call, debt, liability or claim, and give a complete discharge in respect thereof.

(2) The liquidator in a winding up by the court shall have power-

(a) to sell the real and personal property and things in action of the company by public auction or private contract, with power to transfer the whole thereof to any person or company, or to sell the same in parcels: (b) to do all acts and to execute, in the name and on behalf of the company, all deeds, receipts, and other documents, and for that purpose to use, when necessary, the com- pany's seal:

(c) to prove, rank, and claim in the bankruptcy, insolvency, or sequestration of any contribu- tory, for any balance against his estate, and to receive dividends in the bankruptcy, insolvency, or sequestration in respect of that balance, as a separate debt due from the bankrupt or insolvent, and rateably with the other separate creditors:

(d) to draw, accept, make, and indorse any bill of exchange or promissory note in the name and on behalf of the company, with the

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

same effect with respect to the liability of the company as if the bill or note had been drawn, accepted, made, or indorsed by or on behalf of the company in the course of its business :

(e) to raise on the security of the assets of the

company any money requisite:

(f) to take out in his official name letters of administration to any deceased contributory, and to do in his official name any other act necessary for obtaining payment of any money due from a contributory or his estate which cannot be conveniently done in the name of the company, and in all such cases the money due shall. for the purpose of enabling the liquidator to take out the letters of administration or recover the money, be deemed to be due to the liquidator himself: (g) to appoint an agent to do any business which

the liquidator is unable to do himself: (h) to do all such other things as may be neces- sary for winding up the affairs of the com- pany and distributing its assets.

(3) The exercise by the liquidator in a winding up by the court of the powers conferred by this section shall be subject to the control of the court, and any creditor or contributory may apply to the court with respect to any exercise or proposed exercise of any of those powers

ator's

186.-(1) Subject to the provisions of this Ordin- Exercise ance, the liquidator of a company which is being and control wound up by the court shall, in the administration of liquid- of the assets of the company and in the distribution powers. thereof among its creditors, have regard to any 19 & 20 Geo. directions that may be given by resolution of the 5, c. 23, creditors or contributories at any general meeting, or by the committee of inspection, and any direc- tions given by the creditors or contributories at any general meeting shall in case of conflict be deemed to override any directions given by the committee of inspection.

(2) The liquidator may summon general meetings of the creditors or contributories for the purpose of ascertaining their wishes, and it shall be his duty to summon meetings at such times as the creditors cr contributories, by resolution, either at the meeting appointing the liquidator or otherwise, may direct, or whenever requested in writing to do so by one- tenth in value of the creditors or contributories as the case may be.

(3) The liquidator may apply to the court in manner prescribed for directions in relation to any particular matter arising under the winding up.

(4) Subject to the provisions of this Ordinance, the liquidator shall use his own discretion in the manage- ment of the estate and its distribution among the creditors.

(5) If any person is aggrieved by any act or deci- sion of the liquidator, that person may apply to the court, and the court may confirm, reverse, or modify the act or decision complained of, and make such order in the premises as it thinks just.

s. 192.

187. Every liquidator of a company which is being Books to be wound up by the court shall keep, in manner kept by

liquidator. prescribed, proper books in which he shall cause to.

19 & 20 Geo. be made entries or minutes of proceedings at meet-

　　　　　　　　　　　　　　　　　　　　　5, c. 23, ings, and of such other matters as may be prescribed, s. 193. and any creditor or contributory may, subject to the control of the court, personally or by his agent inspect any such books.

1043

1044

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Payments

into bank

or Treasury. 19 & 20 Geo. 5. c. 23,

s. 194.

188.-(1) Every liquidator other than the official

of liquidator receiver of a company which is being wound up by the court shall, in such manner and at such times

the official receiver directs, pay

the money received by him to the Companies Liquidation Account at the bank where such account is kept, and the Colonial Treasurer shall furnish him with a certificate of receipt of the money so paid, and when the official receiver is the liquidator of such company he shall pay all monies received by him in such capacity into the Companies Liquidation Account:

Provided that, if the committee of inspection satisfy the Official Receiver that for the purpose of carrying on the business of the company or of obtaining advances, or for any other reason, it is for the advantage of the creditors or contributories that the liquidator should have an account with any other bank, the Official Receiver shall, on the application of the committee of inspection, authorise the liquida- tor to make his payments into and out of such other bank as the committee may select, and thereupon those payments shall be made in the prescribed

manner.

(2) If any such liquidator at any time retains for more than ten days a sum exceeding five hundred dollars, or such other amount as the court in any particular case may authorise him to retain, then, unless he explains the retention to the satisfaction of the court, he shall pay interest on the amount so retained in excess at the rate of twenty per cent. per annum, and shall be liable to disallowance of all or such part of his remuneration as the court may think just, and to be removed from his office by the court, and shall be liable to pay any expenses occasioned by reason of his default.

(3) A liquidator of a company which is being wound up by the court shall not pay any sums received by him as liquidator into his private banking account.

Audit of

liquidator's

accounts.

19 & 20 Geo. 5, c. 23, s. 195.

189.-(1) Every liquidator (other than the official receiver) of a company which is being wound up by the court shall, at such times as may be prescribed but not less than twice in each year during his tenure of office, send to the official receiver, an account of his receipts and payments as liquidator and where the official receiver is liquidator he shall cause such account to be prepared.

•

(2) The account shall be in a prescribed form, shall be made in duplicate, and shall be verified by a statutory declaration in the prescribed form..

(3) The official receiver shall cause the account to be audited and for the purpose of the audit the liquidator shall furnish the official receiver with such vouchers and information as the official receiver may require, and the official receiver may at any time require the production of and inspect any books or accounts kept by the liquidator.

(4) When the account has been 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 shall be open to the inspection of any creditor, or of any person interested.

(5) The official receiver shall cause the account when audited or a summary thereof to be printed, and shall send a printed copy of the account summary by post to every creditor and contributory.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

over

190.-(1) The official receiver shall take cogniz- Control of ance of the conduct of liquidators of companies which Official

Receiver are being wound up by the court, and, if a liquidator does not faithfully perform his duties and duly observe liquidators. all the requirements imposed on him by statute, 19 & 20 Geo. rules, or otherwise with respect to the performance 5, c. 23, of his duties, or if any complaint is made to the s. 196. official receiver by any creditor or contributory in regard thereto, the official receiver shall inquire into the matter, and take such action thereon as he may think expedient.

(2) The official receiver may at any time require any liquidator of a company which is being wound up by the court to answer any inquiry in relation to any winding up in which he is engaged, and may, if he think fit, apply to the court to examine him or any other person on oath concerning the winding

up.

(3) The official receiver may also direct a local investigation to be made of the books and vouchers of the liquidator.

19 & 20 Geo.

191.-(1) When the liquidator of a company which Release of is being wound up by the court has realised all the liquidators. property of the company, or so much thereof as 5, c. 23, can, in his opinion, be realised without needlessly s. 197. protracting the liquidation, and has distributed final dividend, if any, to the creditors, and adjusted the rights of the contributories among themselves, and made a final return, if any, to the contributories, or has resigned, or has been removed from his office, the court shall, on his application, cause a report on his accounts to be prepared, and, on his comply- ing with all the requirements of the court, shall take into consideration the report, and any objection which may be urged by any creditor or contributory, the or person interested against the release of liquidator, and shall either grant or withhold the release accordingly.

(2) Where the release of a liquidator is withheld, the court may, on the application of any creditor or contributory, or person interested, make such order as it thinks just, charging the liquidator with the consequences of any act or default which he may have done or made contrary to his duty.

the

(3) An order of the court releasing the liquidator shall discharge him from all liability in respect of any act done or default made by him in administration of the affairs of the company, or otherwise in relation to his conduct as liquidator, but any such order may be revoked on proof that it was obtained by fraud or by suppression or conceal- ment of any material fact.

(4) Where the liquidator has not previously resign- ed or been removed, his release shall operate as a removal of him from his office.

Committees of Inspection.

creditors

butories to

192.-(1) When a winding up order has been made Meetings of by the court, it shall be the business of the separate and contri- meetings of creditors and contributories summoned for the purpose of determining whether or not an determine application should be made to the court for appoint- whether ing a liquidator in place of the official receiver, to committee

of inspection determine further whether or not an application is shall be to be made to the court for the appointment of a appointed. committee of inspection to act with the liquidator 19 & 20 Geo. and who are to be members of the committee if 5, c. 23,

　　　　　　　　　　　　　　　　　　　　　　　　　　s. 198. appointed.

(2) The court may make any appointment and order required to give effect to any such determination, and if there is a difference between the determina- tions of the meetings of the creditors and

con-

1045

1046

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Constitution and pro- ceedings of committee of inspec- tion.

19 & 20 Geo. 5, c. 23, s. 199.

Fowers of

court

where no committee of inspection. 19 & 20 Geo. 5, c. 23, s. 200.

Power to stay wind-

ing up. 19 & 20 Geo.

5, c.

23,

s. 202.

tributories in respect of the matters aforesaid the court shall decide the difference and make such order thereon as the court may think fit.

193.-(1) A committee of inspection appointed in pursuance of this Ordinance shall consist of creditors and contributories of the company or persons holding general powers of attorney from creditors or con- tributories in such proportions as may be agreed on by the meetings of creditors and contributories, or as, in case of difference, may be determined by the

court:

(2) The committee shall meet at such times they from time to time appoint, and, failing such appointment, at least once a month, and the liquida- tor or any member of the committee may also call a meeting of the committee as and when he thinks necessary.

(3) The committee may act by a majority of their members present at a meeting, but shall not act unless a majority of the committee are present.

(4) A member of the committee may resign by notice in writing signed by him and delivered to the liquidator.

(5) If a member of the committee becomes bank- rupt, or compounds or arranges with his creditors, or is absent from five consecutive meetings of the committee without the leave of those members who together with himself represent the creditors or contributories, as the case may be, his office shall thereupon become vacant.

(6) A member of the committee may be removed by an ordinary resolution at a meeting of creditors, if he represents creditors, or of contributories, if be represents contributories, of which seven days' notice has been given, stating the object of the meeting.

(7) On a vacancy occurring in the committee the liquidator shall forthwith summon a meeting of creditors or of contributories, as the case may require, to fill the vacancy, and the meeting may, by resolution, re-appoint the same or appoint another creditor or contributory to fill the vacancy.

(S) The continuing members of the committee, if not less than two, may act notwithstanding any vacancy in the committee.

194. Where in the case of a winding up there is no committee of inspection, the court may, on the application of the liquidater, do any act or thing or give any direction or permission which is by this Ordinance authorised or required to be done or given by the committee.

General Powers of Court in case of Winding-up by Court.

195.-(1) The court may at any time after an order for winding up, on the application either of the liquidator, or the official receiver, or any creditor or contributory, and on proof to the satisfaction of the court that all proceedings in relation to the winding up ought to be stayed, make an order staying the proceedings, either altogether or for a limited time, on such terms and conditions as the court thinks fit.

(2) On any application under this section the court may, before making an order, require the official receiver to furnish to the court a report with respect to any facts or matters which are in his opinion relevant to the application.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932. 1017

tories and

196.-(1) As soon as may be after making a Settlement winding-up order, the court shall settle a list of con- of list of tributories, with power to rectify the register of contribu members in all cases where rectification is required application in pursuance of this Ordinance, and shall cause the of assets. assets of the company to be collected, and applied 19 & 20 Geo. in discharge of its liabilities:

5, c. 23,

Provided that, where it appears to the court that it will not be necessary to make calls on or adjust the rights of contributories, the court may dispense with the settlement of a list of contributories.

(2) In settling the list of contributories, the court shall distinguish between persons who are con- tributories in their own right and persons who are contributories as being representatives of or liable for the debts of others.

the

s. 203.

5, c. 23.

197. The court may, at any time after making a Delivery of winding-up order, require any contributory for the property to time being on the list of contributories, and any 19 & 20 Geo.

　　　　　　　　　　　　　　　　　　liquidator. trustee, receiver, banker, agent or officer of company to pay, deliver, convey, surrender, or s. 204. transfer forthwith, or within such time as the court directs, to the liquidator any mouey, property, or books and papers in his hands to which the com- pany is prima facie entitled.

tory to

198.-(1) The court may, at any time after making Payment of a winding-up order, make an crder on any contributory debts due for the time being on the list of contributories to by contribu- pay, in manner directed by the order, any money company due from him or from the estate of the person whom and extent he represents to the company, exclusive of any to which money payable by him or the estate by virtue of any call in pursuance of this Ordinance.

(2) The court in making such an order may-

(a) in the case of an unlimited company, allow to the contributory by way of set-off any money due to him or to the estate which he represents from the company on any independent dealing or contract with the company, but not any money due to him as a member of the company in respect of any dividend or profit; and

(b) in the case of a limited company, make to any director or manager whose liability is

unlimited or to his estate the like allowance.

(3) In the case of any company, whether limited or unlimited, when all the creditors are paid in full, any money due on any account whatever to a con- tributory from the company may be allowed to him by way of set-off against any subsequent call.

set off allowed.

19 & 20 Geo. 5, c. 23, s. 205.

199.-(1) The court may, at any time after making Power of a winding-up order, and either before or after it has court to ascertained the sufficiency of the assets of the com- make calls.

　　　　　　　　　　　　　　　　　　　　　19 & 20 Geo. pany, make calls on all or any of the contributories 5, c. 23, for the time being settled on the list of the con- s. 206. tributories to the extent of their liability, for payment. of any money which the court considers necessary to satisfy the debts and liabilities of the company, and the costs, charges, and expenses of winding up, and for the adjustment of the rights of the contributories among themselves, and make an order for payment. of any calls so made.

(2) In making a call the court may take into con- sideration the probability that some of the contribu- tories may partly or wholly fail to pay the call.

due to

200.-(1) The court may order any contributory, Payment purchaser or other person from whom money is due into Bank to the company to pay the amount due into such of moneys bank as the court may direct to the account of the company. liquidator instead of to the liquidator, and any such 19 & 20 Geo. order may be enforced in the same manner as if it had 5, c. 23, directed payment to the liquidator.

s. 207.

1048

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Order on

contributory

conclusive evidence.

19 & 20 Geo. 5, c. 23, s. 208.

Appoint- ment of special manager.

19 20 Geo. 5, c. 23,

s. 209.

Power to exclude creditors not proving in time.

19 & 20 Geo. 5, c. 23, 8. 210.

Adjustment of rights of contribu- tories.

19 & 20 Geo.

5, c. 23, s. 211.

Inspectiou of books

by creditors

and contri butories.

19 & 20 Geo 5, c. 23, s. 212.

Power to

order costs of winding up to be

paid out of assets.

19 & 20 Geo. 5, c. 23, s. 213.

Power to

summon

persons suspected of having property of company. 19 & 20 Geo. 5, c. 23, s 214.

(2) All moneys and securities paid or delivered into such bank in the event of a winding up by the court shall be subject in all respects to the orders of the court.

on a

201.-(1) An order made by the court contributory shall, subject to any right of appeal, be conclusive evidence that the money, if any, thereby appearing to be due or ordered to be paid is due.

(2) All other pertinent matters stated in the order shall be taken to be truly stated as against all persons and in all proceedings.

202.-(1) Where in proceedings the official receiver becomes the liquidator of a company, whether pro- visionally or otherwise, he may, if satisfied that the nature of the estate or business of the company, or the interests of the creditors or

contributories a special generally, require the appointment of manager of the estate or business of the company other than himself, apply to the court, and the court may on such application, appoint a special manager of the said estate or business to act during such time as the court may direct, with such powers, including any of the powers of a receiver or manager, as may be entrusted to him by the court.

(2) The special manager shall give such security and account in such manner as the court may direct.

(3) The special manager shall receive such muneration as may be fixed by the court.

re-

203. The court may fix a time or times within which creditors are to prove their debts or claims, or to be excluded from the benefit of any distribution made before those debts are proved.

204. The court shall adjust the rights of the contributories among theinselves, and distribute any surplus among the persons entitled thereto.

205. The court may, at any time after making a winding-up order, make such order for inspection of the books and papers of the company by creditors and contributories as the court thinks just, and any books and papers in the possession of the company may be inspected by creditors or contributories accordingly, but not further or otherwise.

206. The court may, in the event of the assets being insufficient to satisfy the liabilities, make an order as to the payment out of the assets of the costs, charges, and expenses incurred in the winding up in such order of priority as the court thinks just.

207.-(1) The court may, at any time after the appointment of a provisional liquidator or the making of a winding-up order, summon before it any officer of the company or person known or suspected to have in his possession any property of the company or supposed to be indebted to the company, or any person whom the court deems capable of giving information concerning the promotion, formation, trade, dealings, affairs, or property of the company.

(2) The court may examine him on oath concerning the matters aforesaid, either by word of mouth or on written interrogatories, and may reduce his answers to writing and require him to sign them.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

(3) The court ny require him to produce any books and papers in his custody or power relating to the company, but, where he claims any lien on books or papers produced by him, the production shall be without prejudice to that len, and the court shall have jurisdiction in the winding up to determine all questions relating to that lien.

(4) If any person so summoned, after being tendered a reasonable sum for his expenses. refuses to come before the court at the time appointed, not having a lawfui impediment (made known to the court at the time of its sitting, and allowed by it), the court may cause him to be apprehended and brought before the court for examination.

examination

19 & 20 Geo.

208.-(1) Where an order has been made for Power to winding up a company by the court, and the official order public receiver has made a further report under this Ordin- of pro- ance stating that in his opinion a fraud has been moters, committed by any person in the promotion or forma directors, tion of the company, or by any director or other &c. officer of the company in relation to the company 5, c. 23, since its formation, the court may, after consideration of the report, direct that that person, director or officer shall attend before the court on a day appoint- ed by the court for that purpose, and be publicly examined as to the promotion or formation or conduct of the business of the company, or as to his conduct and dealings as director or ollicer thereof.

the

(2) The official receiver shall take part in the examination, and for that purpose may, if specially authorised by the court in that behalf, employ a solicitor with or without counsel.

(3) The liquidator, where the official receiver is not the liquidator, and any creditor or contributory, may also take part in the examination either personally or by solicitor or counsel,

(4) The court may put such questions to the person examined as the court thinks fit.

(5) The person examined shall be examined oath, and shall answer all such questions as the court may put or allow to be put to him.

(6) A person ordered to be examined under this section shall at his own cost, before his examination, be furnished with a copy of the official receiver's report, and may at his own cost employ a solicitor with or without counsel, who shall be at liberty to put to him such questions as the court may deem just for the purpose of enabling him to explain or qualify any answers given by him:

Provided that, if any such person applies to the court to be exculpated from any charges made. or suggested against him, it shall be the duty of the official receiver to appear on the hearing of the application and call the attention of the court to any matters which appear to the official receiver to be relevant, and if the court, after hearing any evidence given or witnesses called by the official receiver, grants the application, the court may allow the applicant such costs as in its discretion it may think fit.

(7) Notes of the examination shall be taken down in writing, and shall be read over to or by, and signed by, the person examined, and may thereafter. be used in evidence against him, and shall be open to the inspection of any creditor or contributory at all reasonable times.

(8) The court may, if it thinks fit, adjourn the examination from time to time.

s. 216.

1049

1050

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Fower to restrain fraudulent

persons from

managing companies.

19 & 20 Geo. 5, c. 23, s. 217

Power to arrest absconding contributory. 19 & 20 Geo. 5, c. 23, s. 218.

Powers of court

cumulative.

209.-(1) Where an order has been made for winding up a company by the court, and the official receiver has made રી further report under this Ordinance stating that, in his opinion, a fraud has been committed by a person in the promotion or formation of the company, or by any director other officer of the company in relation to the com- pany since its formation, the court may, on the application of the official receiver, order that that person, director or officer shall not, without the leave of the court, be a director of or in any way, whether directly or indirectly, be concerned in or take part in the management of a company for such period, not exceeding five years, from the date of the report as may be specified in the order.

(2) The official receiver shall, where he intends to make an application under the last foregoing sub- section, give not less than ten days' notice of his intention to the person charged with the fraud, and on the hearing of the application that person may appear and himself give evidence or call witnesses.

(3) It shall be the duty of the official receiver to appear on the hearing of an application by him for an order under this section and on an application for leave under this section and to call the attention of the court to any matters which appear to him to be relevant, and on any such application the official receiver may himself give evidence or call witnesses.

(4) If any person acts in contravention of an order made under this section, he shall, in respect of each offence, be liable on conviction on indictment to im- prisonment for a term not excceding two years, or on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding five thousand dollars, or to both such imprisonment and fine.

(5) The provisions of this section shall have effect notwithstanding that the person concerned may be criminally liable in respect of the matters on the ground of which the order is to be made.

210. The court, at any time either before or after making a winding-up order, on proof of probable cause for believing that a contributory is about to quit the Colony, or otherwise to abscond, or to remove or conceal any of his property for the purpose of evading payment of calls, or of avoiding examina- tion respecting the affairs of the company, may cause the contributory to be arrested, and his books and papers and moveable personal property to be seized, and hin and them to be safely kept until such time as the court may order.

211. Any powers by this Ordinance conferred on the court shall be in addition to and not in restriction of any existing powers of instituting proceedings 19 & 20 Geo. against any contributory or debtor of the company, or the estate of any contributory or debtor, for the recovery of any call or other sums.

5, c. 23, s. 219.

Delegation to liquidator

of certain powers of court.

19 & 20 Geo. 5, c. 23,

s. 220.

212. Provision may be made by general rules for enabling or requiring all or any of the powers and duties conferred and imposed on the court by this Ordinance in respect of the following watters-

(1) the holding and conducting of meetings to ascertain the wishes of creditors and con- tributories;

(2) the settling of lists of contributories and the rectifying of the register of members where required, and the collecting and applying of the assets;

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

(3) the paying, delivery, conveyance, surrender transfer of money, property, books or papers to the liquidator;

(4) the making of calls;

(5) the fixing of a time within which debts and

claims must be proved;

to be exercised or performed by the liquidator as an officer of the court, and subject to the coat ol of the

court:

Provided that the liquidator shall not, without the special leave of the court, rectify the resister of members, and shall not make any call withe it either the special leave of the court or the sanctica of the committee of inspection.

213.-(1) When the affairs of a company have Dissolnties been completely wound up, the court shall nake an of company. order that the company be dissolved from the date 19 & 20 Geo.

　　　　　　　　　　　　　　　　　　　　　　　5, c. 23, of the order, and the company shall be dissolved

　　　　　　　　　　　　　　　　　　　　　　　　　　　s. 221. accordingly.

(2) The order shall within fourteen days from the date thereof be reported by the liquidator to

　　　　　　　　　　　　　　　　　　to the registrar of companies who shall make in his books a minute of the dissolution of the company.

(3) If the liquidator makes default in complying with the requirements of this section, he shall be liable to a fine not exceeding fifty dollars for every day during which he is in default.

(iii) VOLUNTARY WINDING Ur.

Resolutions for, and commencement of Voluntary Winding Up.

214.-(1) A company may be wound up volun- tarily-

Circum- stances in which com-

(a) When the period, if any, for the duration pany may of the company by the articles expires, or be wound the event, if any, occurs, on the occurrence up volun- of which the articles provide that the com- 19 & 20 Geo.

　　　　　　　　　　　　　tarily. pany is to be dissolved, and the company 5. c. 23, in general meeting has passed a resolution s. 225. requiring the company

　　be wound up voluntarily :

(b) If the company resolves by special resolution that the company be wound up voluntarily: (c) If the company resolves by extraordinary resolution to the effect that it cannot by reason of its liabilities continue its business, and that it is advisable to wind up.

(2) In this Ordinance the expression "a resolution for voluntary winding up" nicans રે resolution passed under any of the provisions of subsection (1) of this section.

215.-(1) When a company has passed a resolu-'Notice of tion for voluntary winding up, it shail, within seven resolution days after the passing of the resolution, give notice to wind up of the resolution by advertisement in the Gazette,

　　　　　　　　　　　　　　　　　　　　　　　voluntarily. (and, in the case of a China company, in some 5, c. 23,

19 & 20 Geo. newspaper circulating in the place where such com- s. 226. pany has its registered office).

(2) If default is made in complying with this section, the company and every officer of the com- pany who is in default shall be liable to a default fine, and for the purposes of this subsection the liquidator of the company shall be deemed to be an officer of the company.

216. A voluntary winding up shall be deemed to commence at the time of the passing of the resolu tion for voluntary winding up.

Commence-

ment of voluntary

1051

winding up.

19 & 20 Geo.

5. c. 23,

8. 227.

1052 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Effect of voluntary winding up on business and status of company. 19 & 20 Geo.

5, c. 23, s. 223.

Avoidance

of transfers, &c., after

commence- ment of

voluntary winding up. 19 & 20 Geo.

5. c. 23,

s. 229.

Statutory declaration of solvency in case of proposal to wind up voluntarily. 19 & 20 Geo.

5, c. 23, s. 230.

Provisions

Consequences of Voluntary Winding Up.

217. In case of a voluntary winding up, the com- pany shall, from the commencement of the winding up, cease to carry on its business, except so far as may be required for the beneficial winding up

thereof:

Provided that the corporate state and corporate powers of the company shall, notwithstanding any thing to the contrary in its articles, continue until it is dissolved.

218. Any transfer of shares, not being a transfer made to or with the sanction of the liquidator, and any alteration in the status of the members of the company, made alter the commencement voluntary winding up, shall be void.

Declaration of Solvency.

of a

219.-(1) Where it is proposed to wind up a com- pany voluntarily, the directors of the company or, in the case of a company having more than two directors, the majority of the directors may, at a meeting of the directors held before the date on which the notices of the meeting at which the

resolution for the winding up of the company is to be proposed are sent out, make a statutory declara- tion to the effect that they have made a full inquiry into the affairs of the company, and that, having so done, they have formed the opinion that the company will be able to pay its debts in full within a period, not exceeding twelve months, from the commencement of the winding up.

(2) A declaration made as aforesaid shall have no effect for the purposes of this Ordinance unless it is delivered to the registrar of companies for registration before the date mentioned in subsection (1) of this section.

(3) A winding up in the case of which a declaration has been made and delivered in accordance with this section is in this Ordinance referred to as **a members' voluntary winding up," and a winding up in the case of which a declaration has not been nade and delivered as aforesaid is in this Ordinance referred to as "a creditors' voluntary winding up."

Provisions applicable to a Members' Voluntary Winding Up.

　220. The provisions contained in the five sections applicable to of this Ordinance next following shall apply in

relation to a members' voluntary winding up.

a members'

winding up

19 & 20 Geo.

5, c. 23,

s. 231.

Power of

company to

•

221.-(1) The company in general meeting' shall appoint one or more liquidators for the purpose of appoint and winding up the affairs and distributing the assets of the company, and may fix the remuneration to be paid to him or them.

fix re- muneration of liquidators. 19 & 20 Geo. 5, c. 23, s. 232.

Power to

fill vacancy in office of liquidatorā. 19 & 20 Geo 5, c. 23, s 233.

(2) On the appointment of a liquidator all the powers of the directors shall cease, except so far as the company in general meeting, or the liquidator. sanctions the continuance thereof.

222.-(1) If a vacancy occurs by death, resigna tion, or otherwise in the office of liquidator appointed by the company, the company in general meeting may, subject to any arrangement with its creditors, fill the vacancy.

(2) For that purpose a general meeting may be convened by any contributory or, if there were more liquidators than one, by the continuing liquidators.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

(3) The meeting shall be held in manner provided by this Ordinance or by the articles, or in such manner as may, on application by any contributory or by the continuing liquidators, be determined by the court.

company.

s. 234.

223.-(1) Where a company is proposed to be, or Power of is in course of being, wound up altogether voluntarily, liquidator and the whole or part of its business or property is to accept

　　　　　　　　　　　　　　　　　　　　　　shares, &c proposed to be transferred or sold to another com- as con- pany, whether a company within the meaning of this sideration Ordinance or not (in this section called "the trans- for sale of feree company") the liquidator of the first-mentioned property of company (in this section called "the transferor com- 19 & 20 Geo. pany') may, with the sanction of a special resolution 5, c. 23, of that company, conferring either a general authority. on the liquidator or an authority in respect of any particular arrangement, receive in compensation or part compensation for the transfer or sale, shares, policies, or other like interests in the transferee company, for distribution among the members the transferor company, or may enter into any other arrangement whereby the members of the transferor company may, in lieu of receiving cash, shares, policies, or other like interests, or in addition thereto, participate in the profits of or receive any other benefit from the transferee company.

(2) Any sale or arrangement in pursuance of this section shall be binding on the members of the transferor company.

(3) If any member of the transferor company who did not vote in favour of the

　　　　　the special resolution expresses his dissent therefrom in writing addressed to the liquidator, and left at the registered office of the company

within seven days after the passing of the resolution, he may require the liquidator either to abstain from carrying the resclution into effect, or to purchase his interest at a price to be deter mined by agreement or by arbitration in manner provided by this section.

(4) If the liquidator elects to purchase the member's interest, the purchase money must be paid before the company is dissolved, and be raised by the liquidator in such manner as may be determined by special resolution.

(5) A special resolution shall not be invalid for the purposes of this section by reason that it is passed before or concurrently with a resolution for voluntary winding up or for appointing liquidators, but, if on order is made within a year for winding up the company by or subject to the supervision of the court, the special resolution shall not be valid unless sanctioned by the court.

(6) For the purposes of an arbitration under this section, the provisions of the Companies Clauses 8 & 9 Vict. Consolidation Act, 1845, with respect to the settle- c. 16. ment of disputes by arbitration, shall be incorporated with this Ordinance, and in the construction of those provisions this Ordinance shall be deemed to be the special Act, and "the company" shall mean the transferor company, and any appointment by the said incorporated provisions directed to be made under the hand of the secretary, or any two of the directors, may be made under the hand of the liquidator, or, if there is more than one liquidator, then of any two or more of the liquidators, and all powers given by the said Act to the Board of Trade shall be exercised by the Governor.

1053

1054 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Duty of liquidator to call general

meeting at end of

224.-(1) In the event of the winding up con- tinuing for more than one year, the liquidator shall summon a general meeting of the company at the end of the first year from the commencement of the winding up, and of each succeeding year, or as soon thereafter as may be convenient, and shali lay before. 19 & 20 Geo. the meeting an account of his acts and dealings and of the conduct of the winding up during the preceding year.

each year.

5, c. 23, s. 235.

Final meet- ing and dissolution.

19 & 20 Geo. 5, c. 23, s. 236.

Provisions applicable

to a

creditors'

winding up.

19 & 20 Geo.

(2) If the liquidator fails to comply with this section, he shall be liable to a fine not exceeding one hundred dollars.

225.-(1) As soon as the affairs of the company are fully wound up, the liquidator shall make up an account of the winding up, showing how the winding up has been conducted and the property of the com- pany has been disposed of, and thereupon shall call à general meeting of the company for the purpose of laying before it the account, and giving any explana- tion thereof.

(2) The meeting shall be called by advertisement in the Gazette, specifying the time, place, and object thereof, and published one month at least before the meeting.

(3) Within three weeks after the meeting, the liquidator shall send to the registrar of companies & copy of the account, and shall make a return to him of the holding of the meeting and of its date, and if the copy is not sent or the return is not made in accordance with this subsection the liquidator shall be liable to a fine not exceeding fifty dollars for every day during which the default continues:

Provided that, if a quorum is not present at the meeting, the liquidator shall, in lieu of the return hereinbefore mentioned, make a return. that the meeting was duly summoned and that · no quorum was present thereat, and upon such a return being made the provisions of this subsection as to the making of the return shall be deemed to have been complied with.

(4) The registrar on receiving the account and either of the returns herein before mentioned shall forthwith register them, and on the expiration of three months from the registration of the return the company shall be deemed to be dissolved:

Provided that the court may, on the application of the liquidator or of any other person who appears to the court to be interested, make an order deferring the date at which the dissolution of the company is to take effect for such time as the court thinks fit.

(5) It shall be the duty of the person on whose application an order of the court under this section is made, within seven days after the making of the order, to deliver to the registrar an office copy of the order for registration, and if that person fails so to do he shall be liable to a fine not exceeding fifty dollars for every day during which the default con- tinues.

Provisions applicable to a Creditors' Voluntary Winding Up.

226. The provisions contained in the eight sections of this Ordinance next following shall apply in relation to a creditors' voluntary winding up.

5, c. 23, s. 237.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

227.-(1) The company shall cause a meeting of Meeting of the creditors of the company to be summoned for the creditors. day, or the day next following the day, on which 19 & 20 Geo.

　　　　　　　　　　　　　　　　　　　　　　　5, c. 23, there is to be held the meeting at which the resolu

s. 238. tion for voluntary winding up is to be proposed, and shall cause the notices of the said meeting of creditors to be sent by post to the creditors simul- taneously with the sending of the notices of the said meeting of the company.

(2) The company shall cause notice of the meeting of the creditors to be advertised once in the Gazette and once at least in two local newspapers circulating in the district where the registered office or principal place of business of the company is situate.

(3) The directors of the company shall-

(a) cause a full statement of the position of the company's affairs together with a list of the creditors of the company and the estimated amount of their claims to be laid before the meeting of creditors to be held as aforesaid; and

(b) appoint one of their number to preside at

the said meeting.

(4) It shall be the duty of the director appointed to preside at the meeting of creditors to attend the meeting and preside thereat.

(5) If the meeting of the company at which the resolution for voluntary winding up is to be proposed is adjourned and the resolution is passed at an ad- journed meeting, any resolution passed at the meeting of the creditors held in pursuance of subsection (1) of this section shall have effect as if it had been passed immediately after the passing of the resolution for winding up the company.

(6) If default is made-

(a) by the company in complying with sub-

sections (1) and (2) of this section;

(b) by the directors of the company in complying

with subsection (3) of this section;

with subsection (4) of this section;

the company, directors or director, as the case may be, shall be liable to a fine not exceeding one thousand dollars, and, in the case of default by the company, every officer of the company who is in default shall be liable to the like penalty.

228. The creditors and the company at their Appoint- respective meetings mentioned in the last foregoing ment of

　　　　　　　　　　　　　　　　　　　　　　liquidator. section of this Ordinance may nominate a person to 19 & 20 Geo. be liquidator for the purpose of winding up the affairs 5, c. 23, and distributing the assets of the company, and if s. 239. the creditors and the company nominate different persons, the person nominated by the creditors shall be liquidator, and if no person is nominated by the creditors the person, if any, nominated by the com- pany shall be liquidator:

Provided that in the case of different persons being nominated any director, member, or creditor of the company may, within seven days after the date on which the nomination was made by the creditors, apply to the court for an order either directing that the person nominated as liquidator by the company shall be liquidator instead of or jointly with the person nominated by the creditors, or appointing some other person to be liquidator instead of the person appointed by the creditors.

1055

1056 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Appoint- ment of committee of inspection. 19 & 20 Geo. 5, c. 23, $. 240.

Fixing of liquidators'

remunera- tion and cesser of directors'

powers.

19 & 20 Geo. 5, c. 23,

s. 241.

Fower to fill vacancy in office of liquidator. 19 & 20 Geo. 5, c. 23, s. 242.

Application

of s. 223 to

a creditors'

voluntary

winding up. 19 & 20 Geo. 5. c. 23, s. 243.

Duty of iiquidator to call meetings

of company and of creditors

at end of each year. 19 & 20 Geo.

5, c. 23,

s. 244,

Final

meeting and dissolution. 19 & 20 Geo. 5. c. 23,

s. 245.

229.-(1) The creditors at the meeting to be held in pursuance of section two hundred and twenty-seven of this Ordinance or at any subsequent meeting, may, if they think fit, appoint a committee of inspection consisting of not more than five persons, and if such a committee is appointed the company may, either at the meeting at which the resolution for voluntary winding up is passed or at any time subsequently in general meeting, appoint such number of persons as they think fit to act as members of the committee not exceeding five in number:

Provided that the creditors may, if they think fit, resolve that all or any of the persons so appointed by the company ought not to be members of the committee of inspection, and, if the creditors SO resolve, the persons mentioned in the resolution shall not, unless the court otherwise directs, be qualified to act as members of the committee, and on any application to the court under this provision the court may, if it thinks fit, appoint other persons to act as such members in place of the persons mentioned in the resolution.

(2) Subject to the provisions of this section and to general rules, the provisions of sections one hundred and ninety-three (except subsection (1)) of this Ordinance shall apply with respect to a committee of inspection appointed under this section as they apply with respect to a committee of inspection appointed. in a winding up by the court.

230.-(1) The committee of inspection, or if there is no such committee, the creditors, may fix the remuneration to be paid to the liquidator or liquida-

tors.

(2) On the appointment of a liquidator, all the powers of the directors shall, cease, except so far as the committee of inspection, or if there is no such committee, the creditors, sanction the continuance thereof.

231. If a vacancy occurs, by death, resignation or otherwise, in the office of a liquidator, other than a liquidator appointed by, or by the direction of, the court, the creditors may fill the vacancy.

two hundred

232. The provisions of section. and twenty-three of this Ordinance shall apply in the case of a creditors' voluntary winding up as in the case of a members' voluntary winding up, with the modification that the powers of the liquidator under the said section shall not be exercised except with the sanction either of the court or of the committee of inspection.

233.-(1) In the event of the winding up continuing for more than one year, the liquidator shall summon a general meeting of the company and a meeting of creditors at the end of the first year from the com- mencement of the winding up, and of each succeeding year, or as soon thereafter as may be convenient, and shall lay before the meetings an account of his acts. and dealings and of the conduct of the winding up during the preceding year.

(2) If the liquidator fails to comply with this section, he shall be liable to a fine not exceeding one hundred dollars.

234.-(1) As soon as the affairs of the company are fully wound up, the liquidator shall make up an account of the winding up, showing how the winding up has been conducted and the property of the company has been disposed of, and thereupon shall

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

call a general meeting of the company and a meeting of the creditors, for the purpose of laying the account before the meetings, and giving any explanation thereof.

(2) Each such meeting shall be called by advertise- ment in the Gazette, specifying the time, place, and object thereof, and published one

one month at least before the meeting.

(3) Within three weeks after the date of the meet- ings, or, if the meetings are not held on the same date, after the date of the later meeting, the liquida- tor shall send to the registrar of companies a copy of the account, and shall make a return to him of the holding of the meetings and of their dates, and if the copy is not sent or the return is not made in accord- ance with this subsection the liquidator shall be liable to a fine not exceeding fifty dollars for every day during which the default continues:

Provided that, if a quorum is not present at either such meeting, the liquidator shall, in lieu of the return hereinbefore mentioned, make a return that the meeting was duly summoned and that no quorum was present thereat, and upon such a return being made the provisions of this subsection as to the making of the return shall, in respect of that meeting, be deemed to have been complied with.

(4) The registrar on receiving the account and in respect of each such meeting either of the returns hereinbefore mentioned shall forthwith register them, and on the expiration of three months from the registration thereof the company shall be deemed to be dissolved:

(5) It shall be the duty of the person on whose application an order of the court under this section is made, within seven days after the making of the order, to deliver to the registrar an office copy of the orders for registration, and if that person fails so to do he shall be liable to a fine not exceeding fifty dollars for every day during which the default continues.

Provisions applicable to every Voluntary Winding Up.

235. The provisions contained in the eight sections Provisions of this Ordinance next following shall apply to every applicable voluntary winding up whether a members' or creditors' winding up.

to every

voluntary winding up. 19 & 20 Geo.

5, c. 23, s. 246.

19 & 20 Geo.

236. Subject to the provisions of this Ordinance as Distribution to preferential payments, the property of a company of property shall, on its winding up, be applied in satisfaction of of company. its liabilities pari passu, and, subject to such applica- 5, c. 23, tion, shall, unless the articles otherwise provide, be s. 247. distributed among the members according to their rights and interests in the company.

237.--(1) The liquidator may-

(a) in the case of a members' voluntary winding Powers and

up, with the sanction of an extraordinary duties of resolution of the company, and, in the case liquidator

　　　　　　　　　　　in voluntary of a creditors' voluntary winding up, with winding up.

the sanction of either the court or the com- 19 & 20 Geo. mittee of inspection, exercise any of the 5, c. 23, powers given by paragraphs (d), (e) and (f) s. 248. of subsection (1) of section one hundred and eighty-five of this Ordinance to a liquidator in a winding up by the court:

1057

1058

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Power of court to

appoint and

remove

liquidator in voluntary winding up. 19 & 20 Geo. 5, c. 23. s. 249.

Notice by liquidator

of his

appoint- ment.

19 & 20 Geo 5, c. 23, 8. 250.

Arrange- ment when binding on creditors. 19 & 20 Geo. 5, c. 23, s. 251.

Power to apply to court to

have ques- tions deter- mined or powers exercised. 19 & 20 Geo 5, c. 23,

B. 252.

Costs of voluntary winding up.

19 & 20 Geo. 5, c. 23, J. 254.

(b) without sanction, exercise any of the other powers by this Ordinance given to the liquida- tor in a winding up by the court:

(c) exercise the power of the court under this Ordinance of settling a list of contributories, and the list of contributories shall be primâ facie evidence of the liability of the persons named therein to be contributories:

(d) exercise the power of the court of making

calls :

e) summon general meetings of the company for the purpose of obtaining the sanction of the company by special or extraordinary resolution or for any other purpose he may think fit.

(2) The liquidator shall pay the debts of the com- pany and shall adjust the rights of the contributories among themselves.

(3) When several liquidators are appointed, any power given by this Ordinance may be exercised by such one or more of them as may be determined at the time of their appointment, or, in default of such determination, by any number not less than two.

238.-(1) If from any cause whatever there is no liquidator acting, the court may appoint a liquidator.

(2) The court may, on cause shown, remove & liquidator and appoint another liquidator.

239.-(1) The liquidator shall, within five weeks after his appointment, deliver to the registrar of companies for registration a notice of his appointment in the form prescribed.

(2) If the liquidator fails to comply witn the require- ments of this section he shall be liable to a fine not exceeding fifty dollars for every day during which the default-continues.

240.-(1) Any arrangement entered into between A company about to be, or in the course of being, wound up and its creditors shall, subject to the right of appeal under this section, be binding on the com- pany if sanctioned by an extraordinary resolution, and on the creditors if acceded to by three-fourths in number and value of the creditors.

(2) Any creditor or contributory may, within three weeks from the completion of the arrangement, appeal to the court against it, and the court may thereupon, as it thinks just, amend, vary, or confirm the arrangement.

241.-(1) The liquidator or any contributory creditor may apply to the court to determine any question arising in the winding up of a company, or to exercise, as respects the enforcing of calls, or any other matter, all or any of the powers which the court might exercise if the company were being wound up by the court.

(2) The court, if satisfied that the determination of the question or the required exercise of power will be just and beneficial, may accede wholly or partially to the application on such terms and conditions as it thinks fit, or may make such other order on the application as it thinks just.

242. All costs, charges, and expenses properly incurred in the winding up, including the remunera- tion of the liquidator, shall be payable out of the assets of the company in priority to all other claims.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932. 1059

crediters and con-

243. The winding up of a company shall not bar Saving for the right of any creditor or contributory to have it rights of wound up by the court, but in the case of an applica- tion by a contributory, the court must be satisfied tributories. that the rights of the contributories will be prejudiced 19 & 20 Geo. by a voluntary winding up.

5, c. 23, s. 255.

ing up

(iv) WINDING UP SUBJECT TO SUPERVISION OF COURT.

244. When a company has passed a resolution for Power to voluntary winding up, the court may make an order order wind- that the voluntary winding up shall continue but subject to subject to such supervision of the court, and with supervision such liberty for creditors, contributories, or others to 19 & 20 Geo. apply to the court, and generally on such terms and, c. 23, conditions, as the court thinks just.

s 256.

Effect of

245. A petition for the continuance of a voluntary petition for winding up subject to the supervision of the court winding up shall, for the purpose of giving jurisdiction to the subject to court over actions, be deemed to be a petition for supervision winding up by the court.

19 & 20 Geo. 5, c. 23, s. 257. Application

246. A winding up subject to the supervision of of ss. 168 the court shall, for the purposes of sections one and 169 to hundred and sixty-eight and one hundred and sixty- winding up nine of this Ordinance, be deemed to be a winding up by the court.

subject to supervision. 19 & 20 Geo.

5, c. 23, $ 258.

Power of

247.-(1) Where an order is made for a winding up court to subject to supervision, the court may by that or any appoint or subsequent order appoint an additional liquidator.

remove

liquidators.

(2) A liquidator appointed by the court under this 19 & 20 Gaz. section shall have the same powers, be subject to the 5, c. 23, same obligations, and in all respects stand in the s. 259. same position, as if he had been duly appointed in accordance with the provisions of this Ordinance with respect to the appointment of liquidators in a volun- tary winding up.

(3) The court may remove any liquidator so ap- pointed by the court or any liquidator continued under the supervision order and fill any vacancy occasioned by the removal, or by death or resigna-

tion.

Effect of

248.-(1) Where an order is made for a winding supervision up subject to supervision, the liquidator may, subject order. to any restrictions imposed by the court, exercise all 19 & 20 Geo. his powers, without the sanction or intervention of 5, c. 23,

s. 260. the court, in the same manner as if the company were being wound up altogether voluntarily:

Provided that the powers specified in paragraphs (d), (e) and (f) of subsection (1) of section one hundred and eighty-five of this Ordinance shall not be exercised by the liquidator except with the sanction of the court or, in a case where before the order the winding up was a creditor's voluntary winding up, with the sanction of either the court cr the committee of inspection.

(2) A winding up subject to the supervision of the court is not a winding up by the court for the purpose of the provisions of this Ordinance which are set out in the Eighth Schedule to this Ordinance, but, subject as aforesaid, an order for a winding up subject to supervision shall for all purposes be deemed to be an order for winding up by the court:

Provided that where the order for winding up subject to supervision was made in relation to a creditor's voluntary winding up in which a committee of inspection had been appointed, the order shall be deemed to be an order for winding up by the court for the purpose of section one hundred and ninety- three (except subsection (1) thereof) of this Ordinance, except in so far as the operation of that section is excluded in a voluntary winding up by general rules.

1060

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Debts of all descrip- tions to be proved. 19 & 20 Geo. 5. c. 23, s. 261.

•

Application of bank- ruptcy

rules

in winding up of in-

solvent com- panies.

(V) PROVISIONS APPLICABLE TO EVERY MODE OF

WINDING UP.

Proof and Ranking of Claims.

249. In every winding up (subject in the case of insolvent companies to the application in accordance with the provisions of this Ordinance of the law of bankruptcy) all debts payable on a contingency, and all claims against the company, present or future, certain or contingent. ascertained or sounding only in damages, shall be admissible to proof against the company, a just estimate being made, so far as possible, of the value of such debts or claims as may be subject to any contingency or sound only in damages, or for some other reason do not bear a certain value.

250. In the winding up of an insolvent company registered in the Colony the same rules shall prevail and be observed with regard to the respective rights of secured and unsecured creditors and to debts provable and to the valuation of annuities and future and contingent liabilities as are in force for the time 19 & 20 Geo. being under the law of bankruptcy in the Colony with respect to the estates of persons adjudged bankrupt, and all persons who in any such would be entitled to prove for and receive dividends out of the assets of the company may come in under the winding up, and make such claims against the company as they respectively are entitled to by virtue of this section.

5, c. 23,

s. 262.

Preferential payments. 19 & 20 Geo. 5, c. 23,

s. 264.

case

251.-(1) In a winding up there shall be paid in priority to all other debts-

(a) All local rates due from the company at the relevant date, and having become due and payable within twelve months next that date;

(b) All wages or salary (whether or not earned. wholly or in part by way of commission) of any clerk or servant in respect of services rendered to the company during four months next before the relevant date, not exceeding five hundred dollars;

exceeding two hundred and fifty dollars whether payable for time or for piece work, in respect of services rendered to the company during two months next before the relevant date :

(2) Where any payment on account of wages or salary has been made to any clerk, servant, workman or labourer in the employment of a company out of money advanced by some person for that purpose, that person shall in a winding up have a right of priority in respect of the money so advanced and paid up to the amount by which the sum in respect of which tha, clerk, servant, workman or labourer would have been entitled to priority in the winding. up has been diminished by reason of the payment having been made.

(3) The foregoing debts shali---

(a) Rank equally among themselves and be paid in full, unless the assets are insufficient to meet them, in which case they shall abate in equal proportions; and

(b) In the case of a company registered in the Colony, so far as the assets of the company available for payment of general creditors are insufficient to meet them, have priority over the claims of holders of debentures under any floating charge created by the company, and be paid accordingly out of any property comprised in or subject to that charge.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

(4) Subject to the retention of such sums as may be necessary for the costs and expenses of the wind- ing up, the foregoing debts shall be discharged forth- with so far as the assets are sufficient to meet them.

(5) In the event of a landlord or other person distraining or having distrained on any goods or effects of the company within three months next before the date of a winding-up order, the debts to which priority is given by this section shall be a first charge on the goods or effects so distrained on, or the proceeds of the sale thereof:

Provided that, in respect of any money paid under any such charge, the landlord or other person shall have the same rights of priority as the person to whom the payment is made.

(6) In this section the expression "the relevant date" means-

(a) in the case of a company ordered to be wound up compulsorily which had not previously commenced to be wound up voluntarily, the date of the winding-up order; and

(b) in any other case, the date of the commence-

ment of the winding up.

Effect of Winding Up on antecedent and other

Transactions.

preference.

252. (1) Any conveyance, mortgage, delivery of Fraudulent goods, payment, execution, or other act relating to 19 & 20 Geo. property which would, if made or done by or against 5, c. 23, an individual, be deemed in his bankruptcy a s. 265. fraudulent preference, shall, if made or done by or against a company, be deemed, in the event of its being wound up, a fraudulent preference of its creditors, and be invalid accordingly.

(2) For the purposes of this section, the commence- ment of the winding up shall be deerned to correspond with the presentation of the bankruptcy petition in the case of an individual.

(3) Any conveyance or assignment by a company of all its property to trustees for the benefit of all its creditors shall be void to all intents.

Effect of

253. Where a company is being wound up, a floating floating charge on the undertaking or property of the

charge. company created within six months of the commence- 19 & 20 Gea ment of the winding up shall, unless it is proved that 5, c. 23, the company immediately after the creation of the s. 266. charge was solvent, be invalid, except to the amount of any cash paid to the company at the time of or subsequently to the creation of, and in consideration for, the charge, together with interest on that amount at the rate of five per cent. per annum.

254.-(1) Where any part of the property of a

Disclaimer of onerous

wound up.

company which is being wound up consists of land property in of any tenure burdened with onerous covenants, of case of shares or stock in companies, of unprofitable con- company tracts, or of any other property that is unsaleable, 19 & 20 Leo. or not readily saleable, by reason of its binding the

5, c. 23, possessor thereof to the performance of any onerous s. 267. act, or to the payment of any sum of money, the liquidator of the company, notwithstanding that he has endeavoured to sell or has taken possession of the property, or exercised any act of ownership in relation thereto, may, with the leave of the court and subject to the provisions of this section, by

1061

1062

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

writing signed by him, at any time within twelve months after the commencement of the winding up or such extended period as may be allowed by the court, disclaim the property:

Provided that, where any such property has not come to the knowledge of the liquidator within one month after the commencement of the winding up, the power under this section of disclaiming the property may be exercised at any time within twelve months after he has become aware thereof or such extended period as may be allowed by the court.

(2) The disclaimer shall operate to determine, as from the date of disclaimer, the rights, interest, and liabilities of the company, and the property of the company, in or in respect of the property disclaimed, but shall not, except so far as is necessary for the purpose of releasing the company and the property of the company from liability, affect the rights or liabilities of any other person.

(3) The court, before or on granting leave to dis- claim, may require such notices to be given to persons interested, and impose such terms as a con- dition of granting leave, and make such other order in the matter as the court thinks just.

(4) The liquidator shall not be entitled to disclaim any property under this section in any case where an application in writing has been made to him by any persons interested in the property requiring him. to decide whether he will or will not disclaim, and the liquidator has not, within a period of twenty- eight days after the receipt of the application or such further period as may be allowed by the court, given notice to the applicant that he intends to apply to the court for leave to disclaim, and, in the case of a contract, if the liquidator, after such an application as aforesaid, does not within the said period or further period disclaim the contract, the company shall be deemed to have adopted it.

(5) The court may, on the application of any person who is, as against the liquidator, entitled to the benefit or subject to the burden of a contract made with the company, make an order rescinding the contract on such terms as to payment by or to either party of damages for the non-performance of the contract, or otherwise as the court thinks just, and any damages payable under the order to any such person may be proved by him as a debt in the winding up.

(6) The court may, on an application by any person who either claims any interest in any disclaimed property or is under any liability not discharged by this Ordinance in respect of any disclaimed property and on hearing any such persons as it thinks fit, make an order for the vesting of the property in or the delivery of the property to any persons entitled thereto, or to whom it may seem just that the pro- perty should be delivered by way of compensation for such liability as aforesaid, or a trustee for him, and on such terms as the court thinks just, and on any such vesting order being made, the property comprised therein shall vest accordingly in the person therein named in that behalf without any conveyance or assignment for the purpose:

Provided that, where the property disclaimed is of a leasehold nature, the court shall not make a vesting order in favour of any person claiming under the company, whether as under-lessee or as mort- gagee by demise, including a chargee by way of legal

یم

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

mortgage, except upon the terms of making that

person-

(a) subject to the same liabilities and obligations as those to which the company was subject under the lease in respect of the property at the commencement of the winding-up; or (b) if the court thinks fit, subject only to the same liabilities and obligations as if the lease had been assigned to that person at that date;

and in either event (if the case so requires) as if the lease had comprised only the property comprised in the vesting order, and any mortgagee or under-lessee declining to accept a vesting order upon such terms shall be excluded from all interest in and security upon the property, and, if there is no person claiming under the company who is willing to accept an order upon such terms, the court shall have power to vest the estate and interest of the company in the property in any person liable either personally or in a repre- sentative character, and either alone or jointly with the company to perform the lessee's covenants in the lease, freed and discharged from all estates, in- cumbrances and interests created therein by the company.

(7) Any person injured by the operation of a dis- claimer under this section shall be deemed to be a creditor of the company to the amount of the injury, and may accordingly prove the amount as a debt in the winding up.

255.-(1) Where a creditor has issued execution Restriction

　　　　　　　　　　　　　　or has of rights against the goods or lands of a company attached any debt due to the company, and the com- pany is subsequently wound up, he shall not be execution

of creditor

as to

or or attach-

entitled to retain the benefit of the execution attachment against the liquidator in the winding up ment in of the company unless he has completed the execu- case of tion or attachment before the commencement of the company winding up:

Provided that-

being wound

up.

19 & 20 Geo. 5, c. 23, s. 268.

(a) where any creditor has had notice of a meet- Ordinance

ing having been called at which a resolution No. 3 of for voluntary winding-up is to be proposed, 1901, ss. 401 the date on which the creditor so had notice and 406. shall for the purposes of the foregoing provi- sion be substituted for the date of the com- mencement of the winding up; and

(b) a person who purchases in good faith under a sale by the bailiff any goods of a company on which an execution has been levied shall in all cases acquire a good title to them against the liquidator.

(2) For the purposes of this section, an execution against goods shall be taken to be completed by seizure and sale, and an attachment of a debt shall be deemed to be completed by receipt of the debt, and an execution against land shall be deemed to be com- pleted by registration of the prohibitory order in the Land Office, and in the case of an equitable interest, by the appointment of a receiver.

(3) In this section the expression "goods" includes all chattels personal, and the expression "bailiff" includes any officer charged with the execution of a writ or other process.

　　　　　a company are Duties of 256.-(1) Where any goods of taken in execution, and, before the sale thereof or the bailiff as completion of the execution by the receipt or recovery to goods of the full amount of the levy, notice is served on the taken in bailiff that a provisional liquidator has been appointed execution.

　　　　　　　　　　　　　　　　　　　　　　　　19 & 20 Geo. or that a winding-up order has been made or that a 5, c. 23, resolution for voluntary winding up has been passed, s. 269.

1063

1064

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Offences by officers of companies in liquida. tion.

19 & 20 Geo.

5, c. 23, 8. 271.

the bailiff shall, on being so required, deliver the goods and any money seized or received in part satis- faction of the execution to the liquidator, but the costs of the execution shall be a first charge on the goods or money so delivered, and the liquidator may sell the goods, or a sufficient part thereof, for the purpose of satisfying that charge.

(2) Where under an execution in respect of a judg- ment for a sum exceeding two hundred dollars the goods of a company are sold or money is paid in order to avoid sale, the bailiff shall deduct the costs of the execution from the proceeds of the sale or the money paid and retain the balance for fourteen days, and if within that time notice is served or him of a petition for the winding up of the company having been presented or of a meeting having been called at which there is to be proposd a resolution for the voluntary winding up of the company and an order is made or a resolution is passed, as the case may be, for the winding up of the company, the bailiff shail pay the balance to the liquidator, who shall be entitled to retain it as against the execution creditor.

(3) In this section the expression "goods" includes all chattels personal, and the expression "bailiff" includes any officer charged with the execution of a writ or other process.

Offences antecedent to or in course of Winding Up.

257.-(1) If any person, being a past or present director, manager or other officer of a company which at the time of the commission of the alleged offence is being wound up, whether by or under the super- vision of the court or voluntarily, or is subsequently ordered to be wound up by the court or subsequently passes a resolution for voluntary winding up-

(a) does not to the best of his knowledge and belief fully and truly discover to the liquidator all the property, real and personal, of the company, and how and to whom and for what consideration and when the company dis- posed of any part thereof, except such part as has been disposed of in the ordinary way of the business of the company; or

(b) does not deliver up to the liquidator, or as he directs, all such part of the real and personal property of the company as is in his custody or under his control, and which he is required by law to deliver up; or

(c) does not deliver up to the liquidator, or as he directs, all books and papers in his custody or under his control belonging to the com- pany and which he is required by law to deliver up; or

(d) within twelve months next before the com- mencement of the winding up or at any time thereafter conceals any part of the property of the company to the value of one hundred dollars or upwards, or conceals any debt due to or from the company; or

(e) within twelve months next before the com- mencement of the winding up or at any time thereafter fraudulently removes any part of the property of the company to the value of one hundred dollars or upwards; or

(f) makes any material omission in state-

　　　any ment relating to the affairs of the company;

(g) knowing or believing that a false debt has been proved by any person under the winding up, fails for the period of a month to inform the liquidator thereof; or

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2. 1932.

(h) after the commencement of the winding up prevents the production of any book or paper affecting or relating to the property or affairs of the company; or

(1) within twelve months next before the com- mencement of the winding up or at any time. thereafter, conceals, destroys, mutilates, or falsifies, or is privy to the concealment, destruction, mutilation. or falsification of, any book or paper affecting or relating to the property or affairs of the company; or (1) within twelve months next before the com- mencement of the winding up or at any time thereafter makes or is privy to the making of any false entry in any book or paper affecting or relating to the property or affairs of the company; or

(k) within twelve months next before the com- mencement of the winding up or at any time thereafter fraudulently parts with, alters, or makes any omission in, or is privy to the fraudulent parting with, altering, or making any omission in, any document affecting or the relating to the property or affairs of company; or

(1) after the commencement of the winding up or at any niceting of the creditors of the com- pany within twelve months next before the commencement of the winding up attempts to account for any part of the property of the company by fictitious losses or expenses; or (m) has within twelve months next before the commencement of the winding up or at any time thereafter, by any false representation or other fraud, obtained any property for or on behalf of the company on credit which the company does not subsequently pay for; or (n) within twelve months next before the com- mencement of the winding up or at any time thereafter, under the false pretence that the company is carrying on its business, obtains on credit, for or on behalf of the company, any property which the company does not subsequently pay for; or

(0) within twelve months next before the com- mencement of the winding up or at any time thereafter pawns, pledges, or disposes of any property of the company which has been obtained on credit and has not been paid for, unless such pawning, pledging, or disposing is in the ordinary way of the business of the company; or

(p) is guilty of any false representation or other fraud for the purpose of obtaining the consent of the creditors of the company or any of them to an agreement with reference to the affairs of the company or to the winding up; he shall be guilty of a misdemeancur and shall, in the case of the offences mentioned respectively in paragraphs (m), (n) and (o) of this subsection, be liable on conviction on indictment to imprisonment for a term not exceeding five years, or on summary conviction to imprisonment for a term no exceeding twelve months, and in the case of any other offence shall be liable on conviction on indictment to imprisonment for a term not exceeding two years, or on summary conviction to imprisonment for a term not exceeding twelve months:

Provided that it shall be a good defence to a charge under any of paragraphs (a), (b), (c), (d), (D). (n) and (0), if the accused proves that he had no intent to defraud, and to a charge under any of para- graphs (h), (i) and (j), if he proves that he had no intent to conceal the state of affairs of the company or to defeat the law.

1065

1066

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Penalty for falsification

of books.

19 & 20 Geo.

5, c. 23, s. 272.

Frauds by officers of companies which have gone into liquidation.

19 & 20 Geo. 5, c. 23. s. 273.

Liability where

proper accounts

not kept.

19 & 20 Geo. 5, c. 23, s. 274.

(2) Where any person pawns, pledges or disposes of any property in circumstances which amount to a misdemeanour under paragraph (0) of subsection (1) of this section, every person who takes in pawn or pledge or otherwise receives the property knowing it to be pawned, pledged, or disposed of in such circum- stances as aforesaid shall be guilty of a mis- demeanour, and on conviction thereof liable to be punished in the same way as if he had received the property knowing it to have been obtained in circum- stances amounting to a misdemeanour.

(3) For the purposes of this section, the expression "director" shall include any person in accordance with whose directions or instructions the directors of a company have been accustomed to act.

258. If any director, manager or other officer, or contributory of any company being wound up destroys, mutilates, alters, or falsifies any books, papers, or securities, or makes or is privy to the making of any false or fraudulent entry in any register, book of account, or document belonging to the company with intent to defraud or deceive any person, he shall be guilty of a misdemeanour, and be able to imprison- ment for any term not exceeding two years, with or without hard labour.

259. If any person, being at the time of the commission of the alleged offence a director, manager or other officer of a company which is subsequently ordered to be wound up by the court or subsequently passes a resolution for voluntary winding up-

(a) has by false pretences or by means of any other fraud induced any person to give credit to the company;

(b) with intent to defraud creditors of the com- pany, has made or caused to be made any gift or transfer of or charge on, or has caused or connived at the levying of any exccution against, the property of the company; (c) with intent to defraud creditors of the com- pany, has concealed or removed any part of the property of the company since, or within two months before, the date of any unsatisfied judgment or order for payment of money obtained against the company;

he shall be guilty of a misdemeanour and shall be liable on conviction on indictment to imprisonment for a term not exceeding two years, or on summary conviction to imprisonment for a term not exceeding twelve months.

260.-(1) If where a company is wound up it is shown that proper books of account were not kept by the company throughout the period of two years immediately preceding the commencement of the winding up, every director, manager or other officer of the company who was knowingly a party to or connived at the default of the company shall, unless he shows that he acted honestly Cr that in the circumstances in which the business of the company was carried on the default was exensable, be liable on conviction on indictment to imprisonment for a term not exceeding one year, or on summary con- viction to imprisoninent for a term not exceeding six months.

(2) For the purposes of this section, proper bocks of account shall be deemed not to have been kept in the case of any company if there have not been kept such books or accounts as are necessary to exhibit and explain the transactions and financial position of the trade or business of the company, including books containing entries from day to day in sufficient detail of all cash received and cash paid, and, where the

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932. 1067

trade or business has involved dealings in goous, statements of the annual stocktakings and' (except in the case of goods sold by way of ordnary retail trade) of all goods sold and purchased, showing the goods and the buyers and sellers thereof in sufficient detail to enable those goods and those buyers and sellers to be identified.

fraudulent

261.-(1) If in the course of the winding up of a Responsibility company it appears that any business of the company of directors has been carried on with intent to defraud creditora for of the company or creditors of any other person or trading. for any fraudulent purpose, the court, on the applica- 19 & 20 Geo. tion of the official receiver, or the liquidator or any 5, c. 23, creditor or contributory of the company, may, if it s. 275. thinks proper so to do, declare that any of the directors, whether past or present, of the company who were knowingly parties to the carrying on of the business in manner aforesaid shall be personally responsible, without any limitation of liability, for all or any of the debts or other liabilities of the company as the court may direct.

the

(2) Where the court makes any such declaration, it may give such further directions as it thanks proper for the purpose of giving effect to that declaration, and in particular may make provision for making the liability of any such director under the declaration a charge on any debt or obligation due from company to him, or on any mortgage or charge or any interest in any mortgage or charge on any assets of the company held by or vested in him, or any company or person on his behalf,

　　　　　　　　　　　　　any person claiming as assignee from or through the director, company or person, and may from time to time make such further order as may be necessary for the purpose of enforcing any charge imposed under this subsection.

For the purpose of this subsection, the expression "assignee" includes any person to whom or in whose favour, by the directions of the director, the debt, obligation, mortgage or charge was created, issued or transferred or the interest created, but does not in- clude an assignee for valuable consideration (not including consideration by way of marriage) given in good faith and without notice of any of the matters on the ground of which the declaration is made.

(3) Where any business of a company is carried on with such intent or for such purpose as is mentioned in subsection (1) of this section, every director of the company who was knowingly a party to the carrying on of the business in manner aforesaid, shall be liable on conviction on indictment to imprisonment for a term not exceeding one year.

(4) The court may, in the case of any person ̧ in respect of whom a declaration nas been made under subsection (1) of this section or who has been con- victed of an offence under subsection (3) of this section, order that that person shall not, without the leave of the court, be a director of or in any way, whether directly or indirectly be concerned in or take part in the management of a company for such period, not exceeding five years, from the date of the declaration or of the conviction, as the case may be, as may be specified in the order, and if any person acts in contravention of an order made under this subsection he shall, in respect of each offence, be liable on conviction on indictment to imprisonment for a term not exceeding two years, or on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding five thousand dollars, or to both such imprisonment and fine.

In this subsection the expression "the court" in relation to the making of an order, means the court

1068

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Ordinance No. 10 of 1931.

Power of

court to

assess

damages against delinquent directors, &c.

19 & 20 Goo. 5, c. 23,

• 276.

Ordinance No. 10 of 1941.

Frosecution

of delinquen officers and members

of company. 19 & 20 Geo

5, c. 23. s. 277.

court

by which the declaration was made or the before which the person was convicted, as the case may be, and in relation to the granting of leave means any court having jurisdiction to wind up the company.

(5) For the purposes of this section, the expression. "director" shall include any person in accordance with whose directions or instructions the directors of a company have been accustomed to act.

(6) The provisions of this section shall have effect notwithstanding that the person concerned may be crimmally liable in respect of the matters on the ground of which the declaration is to be made, and where the declaration under subsection (1) of this section is made in the case of a winding up the declaration shall be deemed to be a final judgment within the meaning of paragraph (g) of subsection (1) of section three of the Bankruptcy Ordinance, 1931.

(7) It shall be the duty of the official receiver or of the liquidator to appear on the hearing of an application for leave under subsection (4) of this section, and on the hearing of an application under that subsection or under subsection (1) of this section the official receiver or the liquidator, as the case may be, may himself give evidence or call witnesses.

262.--(1) If in the course of winding up a com- pany it appears that any person who has taken part in the formation or promotion of the company, or any past or present director, manager, or liquida- tor, or any officer of the company, has misapplied or retained or become liable or accountable for any money or property of the company, or been guilty of any misfeasance or breach of trust in relation to the company, the court may, on the application of the official receiver, or of the liquidator, or of any creditor or contributory, examine into the conduct of the promoter, director, manager, liquidator, or officer, and compel him to repay or restore the money or property or any part thereof respectively with interest at such rate as the court thinks just, or to contribute such sum to the assets of the company by way of compensation in respect of the misapplica- tion, retainer, misfeasance, or breach of trust as the court thinks just.

(2) The provisions of this section shall have effect uotwithstanding that the offence is one for which the offender may be criminally liable.

(8) Where in the case of a winding up an order for payment of money is made under this section, the order shall be deemed to be a final judgment within the meaning of paragraph (g) of subsection (1) of section three of the Bankruptcy Ordinance, 1931.

263.-(1) If it appears to the court in the course of a winding up by, or subject to the supervision of, the court that any past or present director, manager or other officer, or any member, of the company has been guilty of any offence in relation to the company for which he is criminally liable, the court may, either on the application of any person interested in the winding up or of its own motion, direct the liquidator either himself to prosecute the offender or to refer the matter to the Attorney General.

(2) If it appears to the liquidator in the course of a voluntary winding up that any past or present director, manager or other officer, or any member, of the company has been guilty of any offence in relation to the company for which he is criminally liable, he shall forthwith report the matter, to the Attorney

;

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

General, and shall furnish to him such information and give to him such access to and facilities for inspecting and taking copies of any documents, being information or documents in the possession or under the control of the liquidator and relating to the matter in question, as he may require.

(3) Where any report is made under the last fore- going subsection to the Attorney General, he may, if he thinks fit, refer the matter to the official receiver for further enquiry, and he shall thereupon investigate the matter and may if he think it expedient, apply to the court for an order conferring on him or any person designated by him for the purpose with respect to the company concerned all such powers of investigating the affairs of the com- pany as are provided by this Ordinance in the case of a winding up by the court.

(4) If on any report to the Attorney General under subsection (2) of this section it appears to him that the case is not one in which proceedings ought to be taken by him, he shall inform the liquidator accord- ingly; and thereupon, subject to the previous sanction of the court, the liquidator may himself take pro- ceedings against the offender.

(5) If it appears to the court in the course of a voluntary winding up that any

　　　that any past or present director, manager or other officer, or any member, of the company has been guilty as aforesaid, and that no report with respect to the matter has been made by the liquidator to the Attorney General under subsection (2) of this section, the court may, on the application of any person interested in the winding up or of its own motion, direct the liquidator to make such a report, and on a report being made accordingly the provisions of this section shall have effect as though the report had been made in pur- suance of the provisions of subsection (2) of this section.

1069

(6) If, where any matter is reported or referred to the Attorney General under this section; he considers that the case is one in which a prosecution ought to be instituted and, further, that it is desirable in the public interest that the proceedings in prosecution should be conducted by him, he shall institute proceedings accordingly, and it shall be the duty of the liquidator and of every officer and agent of the company past and present (other than the defendant in the proceedings) to give him all assist- ance in connection with the prosecution which he is reasonably able to give.

For the purposes of this subsection, the expression 'agent" in relation to a company shall be deemed to include any banker or solicitor of the company and any person employed by the company as auditor, whether that person is or is not an officer of the company.

the

(7) If any person fails or neglects to give assistance in manner required by subsection (6) of this section, the court may, on the application of the Attorney General, direct that person to comply with requirements of the said subsection, and where any such application is made with respect to a liquidator the court may, unless it appears that the failure o neglect to comply was due to the liquidator not having in his hands sufficient assets of the company to enable him so to do, direct that the costs of the application shall be borne by the liquidator personally.

1070 THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Disqualifica- tion for appoint-

ment as

liquidator. 19 & 20 Geo. 5, c. 23, 8. 278.

Enforce-

ment of duty of liquidator to make

returns, &c. 19 & 20 Geo. 5, c. 23, s. 279.

Notification that a com- pany is in liquidation. 19 & 20 Geo. 5, c. 23,

s. 280.

Exemption of certain documents

from stamp duty on winding up of companies 19 & 20 Geo. 5. c. 23, s. 281.

Supplementary Provisions as to Winding up.

264. (1) A body corporate shall not be qualified for appointment as liquidator of a company, whether in a winding up by or under the supervision of the court or in a voluntary winding up, and any appointment made in contravention of this provision shall be void.

(2) Nothing in this section shall disqualify a body corporate from acting as liquidator of a company if acting under an appointment made before the com- mencement of this Ordinance, but subject as afore- said any body corporate which acts as liquidator of a company shall be liable to a fine not exceeding one thousand dollars.

265.-(1) If any liquidator, who has made any default in filing, delivering or making any return, account or other document, or in giving any notice which he is by law required to file, deliver, make or give, fails to make good the default within fourteen days after the service on him of a notice requiring him to do so, the court may, on an application made to the court by any contributory or creditor of the company or by the registrar of companies, make an order directing the liquidator to make good the default within such time as may be specified in the order.

(2) Any such order may provide that all costs of and incidental to the application shall be borne by the liquidator.

(3) Nothing in this section shall be taken to pre- judice the operation of any enactment imposing penalties on a liquidator in respect of any such default as aforesaid.

266.-(1) Where a company is being wound up, whether by or under the supervision of the court or voluntarily, every invoice, order for goods or business letter issued by or on behalf of the company or a liquidator of the company, or a receiver or manager of the property of the company, being a document on or in which the name of the company appears, shall contain a statement that the company is being wound up.

(2) If default is made in complying with this section, the company and every director, manager, secretary or other officer of the company, and every liquidator of the company and every receiver manager, who knowingly and wilfully authorises or permits the default, shall be liable to a fine of two hundred dollars.

267. In the case of a winding up by the court of a company registered in the Colony, or of a creditors' voluntary winding up of such a company-

(a) every assurance relating solely to freehold or leasehold property, or to any mortgage, charge or other encumbrance on, or any estate, right or interest in, any real or personal property, which forms part of the assets of the com- pany and which, after the execution of the assurance, either at law or in equity, is or remains part of the assets of the company; and

(b) every power of attorney, proxy paper, writ, order, certificate, affidavit, bond or other instrument or writing relating solely to the property of any company which is being so wound up, or to any proceeding under any such winding-up,

shall be exempt from duties chargeable under the enactments relating to stamp duties.

In this section the expression "assurance" includes deed, conveyance, assignment and surrender.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

268. Where a company is being wound up, all Books of books and papers of the company and of the liquida- company to tors shall, as between the contributories of the be evidence. company, be prima facie evidence of the truth of all matters purporting to be therein recorded.

19 & 20 Geo. 5, c. 23, s. 282.

269.-(1) When a company has been wound up Disposal and is about to be dissolved, the books and papers of of books

and papers

the company and of the liquidators may be disposed of company.

of as follows, that is to say :--

19 & 20 Geo.

s. 283.

(a) In the case of a winding up by, or subject 5, c. 23,

to the supervision of, the court in such way as the court directs;

(b) In the case of a members' voluntary winding up, in such way as the company by extra- ordinary resolution directs, and, in the case of a creditors' voluntary winding up, in such way as the committee of inspection or, if there is no such committee, as the creditors of the company, may direct.

(2) After five years from the dissolution of the company no responsibility shall rest on the company, the liquidators, or any person to whom the custody of the books and papers has been committed, by reason of any book cr paper not being forthcoming to any person claiming to be interested therein.

(3) Provision may be made by general rules for enabling the official receiver to prevent, for such period (not exceeding five years from the dissolution of the company) as he think proper, the destruction of the books and papers of a company which has been wound up, and for enabling any creditor or contributory of the company to make representations to him, and to appeal to the court from any direction which may be given by him in the matter.

(4) If any person acts in contravention of any general rules made for the purposes of this section or of any direction of the official receiver thereunder, he shall be liable to a fine not exceeding one thousand dollars.

270.-(1) If where a company is being wound up Informa- the winding up is not concluded within one year tion as to after its commencement, the liquidator shall, at such pending

　　　　　　　　　　　　　　　　　　　　　　liquidations. intervals as may be prescribed, until the winding up 19 & 20 Geo. is concluded, send to the registrar of companies a 5, c. 23, statement in the prescribed form and containing the s. 284. prescribed particulars with respect to the proceedings in and position of the liquidation.

(2) Any person stating himself in writing to be a creditor or contributory of the company shall be entitled, by himself or by his agent, at all reasonable times, on payment of the prescribed fec, to inspect the statement, and to receive a copy therecf or extract therefrom.

(3) If a liquidator fails to comply with this section, he shall be liable to a fine not exceeding five hundred. dollars for each day during which the default con- tinues, and any person untruthfully stating himself as aforesaid to be a creditor or contributory shall be guilty of a contempt of court, and shall, on the application of the liquidator or of the official receiver, be punishable accordingly.

271.-(1) If, where a company is being wound up Unclaimed it appears either from any statement sent to the assets to registrar under the last foregoing section or other- be paid to

　　　　　　　　　　　　　　　　　Companies wise that a liquidator has in his hands or under his Liquidation control any money representing unclaimed or undis- Account. tributed assets of the company which have remained 19 & 20 Geo. unclaimed or undistributed for six months after the 5, c. 23,

s. 285. date of their receipt, the liquidator shall forthwith

1071

1072

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Ordinance No. 10 of 1931.

Resolutions passed at adjourned meetings of creditors and contri- butories. 19 & 20 Geo. 5, c. 23, s. 287.

Meetings to ascertain wishes of creditors or contribu- tories.

19 & 20 Geo. 5, c. 23, 8. 288.

Judicial notice of signature of officers.

19 & 20 Geo.

5, c. 23, 8. 289.

Affidavits, &c. in Colony and dominions. 19 & 20 Geo.

5, c. 23,

$. 293.

pay the said money to the Companies Liquidation Account, and shall be entitled to the prescribed certificate of receipt for the money so paid, and that certificate shall be an effectual discharge to him in respect thereof.

(2) For the purpose of ascertaining and getting in any money payable into the Bank in pursuance of this section, the like powers may be exercised, and by the like authority, as are exerciseable under section one hundred and thirty of the Bankruptcy Ordinance, 1931, for the purpose of ascertaining and getting in the sums, funds, and dividends referred to in that section.

(3) Any person claiming to be entitled to any money paid into the Bank in pursuance of this section may apply to the official receiver for payment thereof, and the official receiver may, on a certificate by the liquidator that the person claiming is entitled, make an order for the payment to that person of the sum due.

(4) Any person dissatisfied with the decision of the official receiver in respect of a claim made in pur- suance of this section may appeal to the Court.

272. Where after the commencement of this Ordinance a resolution is passed at an adjourned meeting of any creditors or contributories of a com- pany, 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.

Supplementary Powers of Court.

273.-(1) The court may, as to all matters relating to the winding up of a company, have regard to the wishes of the creditors or contributories of the com- pany, as proved to it by any sufficient evidence, and may, if it thinks fit, for the purpose of ascertaining 'those wishes, direct meetings of the creditors or contributories to be called, held, and conducted in such manner as the court directs, and may appoint a person to act as chairman of any such meeting and to report the result thereof to the court.

(2) In the case of creditors, regard shall be had to the value of each creditor's debt

(3) In the case of contributories, regard shall be had to the number of votes conferred on each con- tributory by this Ordinance or the articles.

274. In all proceedings under this Part of this Ordinance, all courts, judges, and persons judicially acting, and all officers, judicial or ministerial, of any court, or employed in enforcing the process of any court, shall take judicial notice of the signature of any officer of the Supreme Court, and also of the official seal or stamp of the several offices of the Supreme Court, appended to or impressed on any document made, issued, or signed under the pro- visions of this Part of this Ordinance, or any official copy thereof.

275.-(1) Any affidavit required to be sworn under the provisions or for the purposes of this Part of this Ordinance may be sworn in the Colony, or elsewhere within the dominions of His Majesty, before any court, judge, or person lawfully authorised to take and receive affidavits (or, within the limits of the China Orders in Council, before any officer of the Supreme Court for China lawfully authorised to take and receive affidavits) or before any of His Majesty's consuls or vice-consuls in any place outside His Majesty's dominions.

ايم

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

(2) All courts, judges, justices, commissioners, and persons acting judicially shall take judicial notice of the seal or stamp or signature, as the case may be, of any such court. judge, person, consul, or vice- consul attached, appended, or subscribed to any such affidavit, or to any other document to be used for the purposes of this Part of this Ordinance.

Provisions as to Dissolution.

dissolution

276.-(1) Where a company has been dissolved, Power of the court may at any time within two years of the court to date of the dissolution, on an application being made declare for the purpose by the liquidator of the company or of company by any other person who appears to the court to be void. interested, make an order, upon such terms as the 19 & 20 Geo. court thinks fit, declaring the dissolution to have 5, c. 23, been void, and thereupon such proceedings may be taken as might have been taken if the company had not been dissolved.

(2) It shall be the duty of the person on whose application the order was made, within seven days. after the making of the order, or such further time as the court may allow, to deliver to the registrar of companies for registration an office copy of the order, and if that person fails so to do he shall be liable to a fine not exceeding fifty dollars for every day during which the default continues.

s. 294

not may strike

277.-(1) Where the registrar of companies has Registrar reasonable cause to believe that a company is carrying on business or in operation, he may send to defunct the company by post a letter inquiring whether the company is carrying on business or in operation.

(2) If the registrar does not within one month of sending the letter receive any answer thereto, he shall within fourteen days after the expiration of the month send to the company by post a registered letter referring to the first letter, and stating that no answer thereto has been received, and that if an answer is not received to the second letter within one month from the date thereof, a notice will be published in the Gazette (and, in the case of a China company, also in such other paper as the registrar of companies at Shanghai may select) with a view to striking the name of the company off the register.

(2) If the registrar either receives an answer the effect that the company is not carrying on busi ness or in operation, or does not within one month after sending the second letter receive any answer, he may publish in the Gazette (and, in the case of a China company, also in such other paper as aforesaid) and send to the company by post, a notice that at the expiration of three months from the date of that notice the name of the company mentioned therein will, unless cause is shown to the contrary, be struck off the register and the company will be dissolved,

(4) If, in any case where a company is being wound up, the registrar has reasonable cause to believe either that no liquidator is acting, or that the affairs of the company are fully wound up, and the returns required to be made by the liquidator have not been made for a period of six consecutive months, the registrar shall publish in the Gazette (and, in the case of a China company, also in such other paper as afore- said) and send to the company or the liquidator, if any, a like notice as is provided in the last preceding subsection.

(5) At the expiration of the time mentioned in the notice the registrar may, unless cause to the contrary is, previously shown by the company, strike its name off the register, and shall publish notice thereof in the Gazette (and, in the case of a China company, also in such other paper as aforesaid) and on the publication in the Gazette of this notice the company shall be dissolved:

off company register. 19 & 20 Geo. 5, c. 23, s. 295.

1073

1074

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Property of dissolved company to be bonâ vacantia.

19 & 20 Geo. 5, c. 23, s. 296.

Companies Liquidation Account. 19 & 20 Geo. 5, c. 23, 8 300.

Investment of surplus

funds on general

account.

19 & 20 Geo. 5. c. 23,

8. 301.

Provided that-

(a) the liability, if any, of every director, manag- ing officer, and member of the company shall continue and may be enforced as if the company had not been dissolved; and (b) nothing in this subsection shall affect the power of the court to wind up a company

the name of which has been struck off the register.

(6) If a company or any member or creditor thereof feels aggrieved by the company having been struck off the register, the court on an application made by the company or member or creditor before the expiration of twenty years from the publication in the Gazette of the notice aforesaid may, if satisfied that the company was at the time of the striking off carrying on business or in operation, or otherwise that it is just that the company be restored to the register, order the name of the company to be restored to the register, and upon an office copy of the order being delivered to the registrar for regis- tration the company shall be deemed to have con- tinued in existence as if its name had not been struck off; and the court may by the order give such directions and make such provisions as seem just for placing the company and all other persons in the same position as nearly as may be as if the name of the company had not been struck off.

(7) A notice to be sent under this section to રી liquidator may be addressed to the liquidator at his last known place of business, and a letter or notice to be sent under this section to a company may be addressed to the company at its registered office, or, if no office has been registered, to the care of some director or officer of the company or, if there is no director or officer of the company whose name and address are known to the registrar of companies, may be sent to each of the persons who subscribed the memorandum, addressed to him at the address mentioned in the memorandum.

278. Where a company is dissolved, all property and rights whatsoever vested in or held on trust for the company immediately before its dissolution (in- cluding leasehold property but not including property held by the company on trust for any other person) shall, subject and without prejudice to any order which may at any time be made by the court under the two last foregoing sections of this Ordinance, be deemed to be bona vacantia and shall accordingly belong to the Crown, and shall vest and may be dealt with in the same manner as other bona vacantia accruing to the Crown.

Central Accounts.

279.-(1) An account, to be called the Companies Liquidation Account, shall be kept by the official receiver with the Colonial Treasurer or at such bank as the Governor (or, in the case of a China company, as the judge of the Supreme Court for China) may from time to time direct, and all moneys received by the official receiver in respect of proceedings under this Ordinance in connexion with the winding up of companies shall be paid to that account.

(2) All payments out of money standing to the credit of the official receiver in the Companies Liquidation Account shall be made in the prescribed

manner.

280.-(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 shall notify the excess to the Treasurer, and shali pay over the whole or any part of that excess, as the Treasurer may require, to the Treasurer, to such

في

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

account

as the Treasurer may direct, and the Treasurer may invest the sums paid over, or any part thereof, in Government securities, to be placed to the credit of the said account.

(2) When any part of the money so invested is, in the opinion of the official receiver, required to answer any demands in respect of companies' estates, he shall notify to the Treasurer the amount so required, and the Treasurer shall thereupon repay to the official receiver such sum as may be required to the credit of the Companies Liquidation Account, and for that purpose may direct the sale of such part of the said securities as may be necessary.

(3) The dividends on investments under this section shall be paid into the Companies Liquidation Account.

281.-(1) An account shall be kept by the official Separate receiver of the receipts and payments in the winding accounts of

　　　　　　　　　　　　　　　　　　particular up of each company, and, when the cash balance estates. standing to the credit of the account of any company 19 & 20 Gov. is in excess of the amount which, in the opinion of 5, c. 23, the committee of inspection, is required for the time s. 302. being to answer demands in respect of that com- pany's estate, the official receiver shall, on the request of the committee, invest the amount not so required in Government securities, to be placed to the credit of the said account for the benefit of the company.

(2) When any part of the money so invested is, in the opinion of the committee of inspection, required to answer any demands in respect of the estate of the company, the official receiver shall, on the request of the committee, raise such sum as may be required by the sale of such part of the said securities as may be necessary.

(3) The dividends on investments under this section shall be paid to the credit of the company.

Rules and Fees.

282.-(1) The Chief Justice may, with the con- General currence of the Legislative Council make general rules and rules for carrying into effect the objects of this fees.

19 & 20 Geo. Ordinance so far as relates to the winding up of 5, c. 23, companies, and also rules for the purposes of this Ordinance generally, including rules as to costs.

(2) All rules made under this section shall be judicially noticed, and shall have effect as if enacted by this Ordinance.

(3) There shall be paid in respect of proceedings under this Ordinance, where no fee is otherwise fixed, such fees as the Chief Justice may, with the sanction of the Legislative Council direct, and he may direct by whom and in what manner the same are to be collected and accounted for:

PART VI.

RECEIVERS AND MANAGERS,

s. 305.

283.-(1) A body corporate shall not be qualified Disquali- for appointment as receiver of the property of a company.

(2) Any body corporate which acts as receiver as aforesaid shall be liable to a fine not exceeding one thousand dollars.

fication for appoint-

ment as receiver. 19 & 20 Geo.

5, c. 23, s. 306.

284. Where an application is made to the court Power to to appoint a receiver on behalf of the debenture holders appoint or other creditors of a company which is being wound official up by the court, the official receiver may be so receiver for appointed.

receiver as

debenture

holders or

creditors. 19 & 20 Geo.

5, c. 23,

s. 307.

1075

1076

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Notification

or manager appointed.

285.-(1) Where a receiver or manager of the that receiver property of a company has been appointed, every invoice, order for goods or business letter issued by or on behalf of the company or the receiver or manager or the liquidator of the company, being a document on or in which the name of the company appears, shall contain a statement that a receiver or manager has been appointed.

19 & 20 Geo. 5, c. 23,

s. 308.

Power of

court to fix

remunera- tion on ap- plication of liquidator. 19 & 20 Geo.

5, c. 23, 8. 309.

Delivery to

registrar of accounts of receivers and

(2) If default is made in complying with the requirements of this section, the company and every director, manager, secretary or other officer of the company, and every liquidator of the company, and every receiver or manager, who knowingly and wilfully authorises or permits the default, shall be liable to a fine of two hundred dollars.

286. The court may, on an application made to the court by the liquidator of a company, by order fix the amount to be paid by way of remuneration to any person who, under the powers contained in any instru- ment, has been appointed as receiver or manager of the property of the company, and may from time to time, on an application made either by the liquidator or by the receiver or manager, vary or amend any order so made.

287.-(1) Every receiver or manager of the pro- perty of a company who has been appointed under the powers contained in any instrument shall, within one month, or such longer period as the registrar of companies may allow, after the expiration of the 19 & 20 Geo. period of six months from the date of his appoint.

managers.

5, c. 23, s. 310.

Enforce

ment of duty of receiver

to make returns, &c. 19 & 20 Geo. 5, c. 23.

s. 311

ment and of every subsequent period of six months, and within one month after he ceases to act as receiver or manager, deliver to the registrar of com- panies for registration an abstract in the prescribed form showing his receipts and his payments during that period of six months, or, where he ceases to act as aforesaid, during the period from the end f the period to which the last preceding abstract related up to the date of his so ceasing, and the aggregate amount of his receipts and of his payments during all preceding periods since his appointment.

(2) Every receiver or manager who makes default in complying with the provisions of this section shall be liable to a fine not exceeding fifty dollars for every day during which the default continues.

288.--(1) If

(a) any receiver of the property of a company. who has made default in filing, delivering or making any return, account or other document or in giving any notice, which a receiver is by law required to file, deliver, make or give, fails to make good the default within fourteen days after the service on him of a notice requiring him to do so; or

(b) any receiver or manager of the property of a company who has been appointed under the powers contained in any instrument, has, after being required at any time by the liquidator of the company so to do, failed to render proper accounts of his receipts and payments and to pay over to the liquidator the amount properly payable to him;

the court may, on an application made for the pur- pose, make an order directing the receiver or manager, as the case may be, to make good the default within such time as may be specified in the order.

(2) In the case of any such default as is mentioned in paragraph (a) of the last preceding subsection an application for the purposes of this section may be

གསརཨེས ཞིར

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932. 1077

made by any member or creditor of the company or by the registrar of companies, and the order may provide that all costs of and incidental to the application shall be borne by the receiver, and in the case of any such default as is mentioned in paragraph (b) ci that subsection the application shall be made by the liquidator.

(3) Nothing in this section shall be taken to prejudice the operation of any enactments imposing penalties on receivers in respect of such default as is mentioned in paragraph (a) of subsection (1) of this section.

PART VII.

GENERAL PROVISIONS AS TO REGISTRATION.

289.-(1) For the purposes of the registration f Registration companies under this Ordinance, there shall be an offices and

　　　　　　　　　　　　　　　　　　　　　appointment office or offices at such place or places as the Governor

of Ollicers directs.

for purposes of this

19 & 20 Geo.

(2) The Governor may appoint such registrars, Ordinance. deputy and assistant registrars, clerks, and servants 5, c. 23, as he may think necessary for the

of purposes s. 312. this Ordinance, and may make regulations with respect to their duties, and may remove any persons so appointed.

(3) The salaries of the persons appointed under this section shall be fixed by the Governor and shall be paid out of the revenues of the Colony.

(4) The Governor may direct a seal or seals to be prepared for the authentication of documents required. for or connected with the registration of companies.

(5) Whenever any act is by this Ordinance directed to be done to or by the registrar of companies, it shall, until the Governor otherwise directs, be done to or by the existing registrar of companies or in his absence to or by such person as the Governor may for the time being authorise:

Provided that, in the event of the Governor altering the constitution of the existing registry office, any such act shall be done to or by such officer as the Governor may appoint.

290.-(1) There shall be paid to the registrar in rees. respect of the several matters mentioned in the Table 19 & 20 Goo. set out in the Ninth Schedule to this Ordinance the 5, c. 23, several fees therein specified.

(2) All fees paid to the registrar in pursuance of this Ordinance shall be paid into the Treasury.

s. 313.

of docu.

291.-(1) Any person may inspect the documents Inspection, kept by the registrar of companies on payment of such production fees as may be appointed by the Governor not and evidence exceeding one dollar for each inspection, and any ments kept person may require a certificate of the incorporation by registrar. of any company, or a copy or extract of any other 19 & 20 Geo.. document or any part of any other document, to be 5, 1, 23, certified by the registrar, on payment for the certi- ficate, certified copy or extract, of such fees as the Governor may appomt, not exceeding five dollars for a certificate of incorporation and not exceeding fifty cents for each folio of a certified copy or extract:

(2) No process for compelling the production of any document kept by the registrar shall issue from any court except with the leave of that court, aud any such process if issued shall bear thereon a state- ment that it is issued with the leave of the court.

s. 314.

1078

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Enforce- ment of

duty of company to make

returns to registrar. 19 & 20 Geo. 5, c. 23, 8. 315.

(3) A copy of or extract from any document kept and registered at the office for the registration of companies, certified to be a true copy under the hand of the registrar (whose official position it shall not be necessary to prove), shall in all legal proceedings be admissible in evidence as of equal validity with the original document.

292.-(1) If a company, having made default in complying with any provision of this Ordinance which requires it to file with, deliver or send to the registrar of companies any return, account or other document, or to give notice to him of any matter, fails to make good the default within fourteen days after the service of a notice on the company requiring it to do so, the court may, on an application made to the court by any member or creditor of the company or by the registrar of companies, make an order directing the company and any officer thereof to make good the default within such time as may be specified in the order.

(2) Any such order may provide that all costs of and incidental to the application shall be borne by the company or by any officers of the company responsible for the default.

(3) Nothing in this section shall be taken to prejudice the operation of any enactment imposing penalties on a company or its officers in respect of any such default as aforesaid.

Application

PART VIII.

APPLICATION OF ORDINANCE TO COMPANIES FORMED OR REGISTERED UNDER FORMER ORDINANCES.

　293. In the application of this Ordinance to of Ordinance existing companies, it shall apply in the same to companies manner-

formed

under

former

Companies Ordinance. 19 & 20 Geo. 5, c. 23, s. 316.

Ordinance

No. 1 of 1865.

Ordinance

No. 58 of 1911.

Application

(1) in the case of a limited company, other than a company limited by guarantee, as if the company had been formed and registered under this Ordinance as a company limited by shares;

(2) in the case of a company limited by guarantee, as if the company had been formed and registered under this Ordinance as a company limited by guarantee; and

(3) in the case of a company other than a limited company, as if the company had been formed and registered under this Ordinance as an unlimited company:

Provided that reference, express or implied, to the date of registration shall be construed as a reference to the date at which the company was registered under the Companies Ordinance, 1865, or the Com- panies Ordinance, 1911, as the case may be.

294. This Ordinance shall apply to every company of Ordinance registered but not formed under the Companies Ordin- to companies ance, 1865, or the Companies Ordinance, 1911, in the rogistered

same manner as it is in Part IX of this Ordinance declared to apply to companies registered but not formed under this Ordinance.

under

former

Companies Ordinance. 19 & 20 Geo. 5. c. 23,

s. 317.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

of Ordinance

295. This Ordinance shall apply to every unlimited Application company registered as a limited company in pursuance to companies of section fifty-eight of the Companies Ordinance, re-registered 1911, in the same manner as it applies to an un- under limited company registered in pursuance of this former Ordinance as a limited company:

Companies Ordinance.

1911.

Provided that reference, express or implied, to the Ordinance date of registration shall be construed as a reference No. 58 of to the date at which the company was registered 19 & 20 Geo. as a Imited company under the said section of the 5, c. 23,

　　　　　　　　　　　　　　　　　　　　　　　　　s 318. Companies Ordinance, 1911.

1079

PART IX.

COMPANIES NOT FORMED UNDER

ORDINANCE THIS

capable of

AUTHORISED TO REGISTER UNDER THIS Ordinance, 298. (1) With the exceptions and subject to the Companies provisions contained in this section, any company being formed whether before or after the commencement registered. of this Ordinance, in pursuance of any Ordinance 19 & 20 Geo. other than this Ordinance, or of letters patent, or 5, c. 23,

　　　　　　　　　　　　　　　　　　　　　　　　　s. 321. being otherwise duly constituted according to law, and consisting of seven or more members, may at any

time register under this Ordinance as unlimited company, or as a company limited by shares, or as a company limited by guarantee; and the registration shall not be invalid by reason that it has taken place with a view to the company being wound up:

Provided that-

(i) A company registered under the Companies Ordinance, 1865, or the Companies Ordinance, 1911, shall not register in pursuance of this section:

(ii) A company having the liability of its mem- bers limited by Ordinance, Act of Parliament or letters patent, and not being a joint stock company as hereinafter defined, shall not register in pursuance of this section:

(iii) A company having the liability of its mem- bers limited by Ordinance, Act of Parliament or letters patent shall not register in pursu- ance of this section as an unlimited company or as a company limited by guarantee: (iv) A company that is not a joint stock company as hereinafter defined shall not register n pursuance of this section

　　　　　company limited by shares:

a as

(v) A company shall not register in pursuance of this section without the assent of a majority of such of its members as are present person or by proxy (in cases where proxies are allowed by the regulations of the com- pany) at a general meeting summoned for the purpose:

(vi) Where a company not having the liability of its members limited by Ordinance, Act of Parliament or letters patent is about to register as a limited company, the majority required to assent as aforesaid shall consist of not less than three-fourths of the members present in person or by proxy at the meeting:

(vii) Where a company is about to register as

company limited by guarantee, the assent to its being so registered shall be accompanied by a resolution declaring that each member undertakes to contribute to the assets of the company, in the event of its being wound up while he is a member, or within one year after he ceases to be a member, for payment

1080

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Definition of joint stock company. 19 & 20 Geo. 5, c. 23, $. 322.

Require- ments for registration by joint stock companies.

19 & 20 Geo. 5, c. 23,

s. 323.

Require- ments for registration by other

than joint stock companies.

19 & 20 Geo. 5. c. 23,

5. 324.

of the debts and liabilities of the company contracted before he ceased to be a member, and of the costs and expenses of winding up, and for the adjustment of the rights of the contributories among themselves, such amount as may be required, not exceeding a specified amount.

(2) In computing any majority under this section when a poll is demanded regard shall be had to the number of votes to which each member is entitled according to the regulations of the company.

297. For the purposes of this Part of this Ordin- ance, as far as relates to registration of companies as companies limited by shares, a joint stock company means a company having a permanent paid-up or nominal share capital of fixed amount divided into shares, also of fixed amount, or held and transferable as stock, or divided and held partly in one way and partly in the other, and formed on the principle of having for its members the holders of those shares or that stock, and no other persons, and such a company when registered with limited liability under this Ordinance shall be deemed to be a coinpany limited by shares.

298. Before the registration in pursuance of this Part of this Ordinance of a joint stock company, there shall be delivered to the registrar the following documents:-

(1) A list showing the names, addresses, and occupations of all persons who on a day named in the list, not being more than six clear days before the day of registration, were members of the company, with the addition of the shares or stock held by them respectively, distinguishing, in cases where the shares are numbered, each share by its number;

(2) A copy of any Ordinance, Act of Parliament. royal charter, letters patent, deed of settle- ment, contract of copartnery, cost book regulations, or cther instrument constituting or regulating the company; and

(3) If the company is intended to be registered as a limited company, a statement specifying the following particulars:-

(a) The nominal share capital of the com pany and the number of shares into which it is divided, or the amount of stock f which it consists;

(b) The number of shares taken and the amount paid on each share;

(d) In the case of a company intended to be registered as a company limited by guarantee, the resolution declaring the amount of the guarantee.

299. Before the registration in pursuance of this Part of this Ordinance of any company not being a joint stock company, there shall be delivered to the registrar-

(1) A list showing the names, addresses, and occupations of the directors or other managers (if any) of the company; and

(2) A copy of any Ordinance, Act of Parliament, letters patent, deed of settlement, contract of copartnery, cost book regulations, or other instrument constituting or regulating the com pany; and

(3) In the case of a company intended to be registered as a company limited by guarantee, a copy of the resolution declaring the amount of the guarantee.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932. 1031

300. The lists of members and directors and any Authentica- other particulars relating to the company required to tion of be delivered to the registrar shall be verified by a statutory declaration of any two or more directors or other principal officers of the company.

statements of existing companies, 19 & 20 Geo.

5, c. 23, s. 325.

may require

301. The registrar may require such evidence as he Registrar thinks necessary for the purpose of satisfying himself whether any company proposing to be registered is or is not a joint stock company as hereinbefore defined.

evidence as to nature

of company.

19 & 20 Geo. 5,.. 23, s. 326.

302. No fees shall be charged in respect of the Exemption registration in pursuance of this Part of this Ordinance of certai of a company if it is not registered as a limited companies from pay- company, or if before its registration as a limited com- ment of fees. pany the liability of the shareholders was limited by 19 & 20 Geo. some other Ordinance or Act of Parliament or by 5, c. 23, letters patent.

s. 327.

to naine

303. When a company registers in pursuance of Addition this Part of this Ordinance with limited liability, the of limited" word "limited" shall form, and be registered as, part 19 & 20 Geo. of its name and any Chinese equivalent of its name 5, c. 23 which the company may use shall contain the Chinese . 328. characters. 有限公司

304. On compliance with the requirements of this Certificato Part of this Ordinance with respect to registration, of registra and on payment of such fees, if any, as are payable tion of under the Ninth Schedule to this Ordinance, the

existing companies. registrar shall certify under his hand that the com- 19 & 20 Geo. pany applying for registration is incorporated as a 5, c. 23, company under this Ordinance, and in the case of a s. 329. limited company that it is limited, and thereupon the company shall be so incorporated.

305. All property, real and personal (including Vesting of things in action), belonging to or vested in a company property on at the date of its registration in pursuance of this Part registration. of this Ordinance, shall on registration pass to and 19 & 20 Geo.

　　　　　　　　　　　　　　　　　　　5, c.23, vest in the company as incorporated under this Ordia-

s.330. ance for all the estate and interest of the company therein.

306. Registration of a company in pursuance of Saving for this Part of this Ordinance shall not affect the rights existing or liabilities of the company in respect of any debt 19 & 20 Geo.

liabilities. or obligation incurred, or any contract entered into. 5, c. 23, by, to, with, or on behalf of, the company before s. 331. registration.

actions.

307. All actions and other legal proceedings which Continuation at the time of the registration of a company in of existing pursuance of this Part of this Ordinance are pending 19 & 20 Geo. by or against the company, or the public officer or any 5, c. 23, member thereof, may be continued in the same s. 332. manner as if the registration had not taken place:

Provided that execution shall not issue against the effects of any individual member of the company on any judgment, decree, or order obtained in any such action or proceeding, but, in the event of the property and effects of the company being insufficient to satisfy the judgment, decree, or order, an order may be obtained for winding up the company.

208.-(1) When a company is registered in pur- Effect of suance of this Part of this Ordinance the following registration provisions of this section shall have effect.

under

Ordinance. 19 & 20 Geo

(2) All provisions contained in any Ordinance, Act 5, c. 23, of Parliament or other instrument constituting §. 333. regulating the company, including, in the case of a company registered as a company limited by guarantee, the resolution declaring the amount of the guarantee,

1082

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

shall be deemed to be conditions and regulations of the company, in the same manner and with the same incidents as if so much thereof as would, if the com- pany had been formed under this Ordinance, have been required to be inserted in the memorandum, were contained in a registered memorandum, and the residue thereof were contained in registered articles.

(3) All the provisions of this Ordinance shall apply to the company, and the members, contributories, and creditors thereof, in the same manner in all respects as if it had been formed under this Ordinance, subject as follows:

(a) Table A shall not apply unless adopted by

special resolution;

(b) The provisions of this Ordinance relating to the numbering of shares shall not apply to any joint stock company whose shares are not numbered;

(c) Subject to the provisions of this section the company shall not have power to alter any provision contained in any Ordinance or Act of Parliament relating to the company; (d) Subject to the provisions of this section the company shall not have power, without the sanction of the Governor, to alter any provision contained in any letters patent relating to the company;

(e) The company shall not have power to alter any provision contained in a royal charter or letters patent with respect to the objects of the company;

In the event of the company being wound up, every person shall be a contributory, in res- pect of the debts and liabilities of the company contracted before registration, who is liable to pay or contribute to the payment of any debt or liability of the company contracted before registration, or to pay or contribute to the payment of any sum for the adjustment of the rights of the members among themselves in respect of any such debt or liability, or to pay or contribute to the payment of the costs and expenses of winding up the company, so far as relates to such debts or liabilities as aforesaid;

(g) In the event of the company being wound up, every contributory shall be liable to contribute to the assets of the company, in the course of the winding up, all sums due from him in respect of any such liability as aforesaid, and, in the event of the death, bankruptcy, or insolvency, of any contributory, or marriage of any feruale contributory, the provisions of this Ordinance with respect to the personal representatives, to the trustees of bankrupt or insolvent contributories, and to the liabilities of husbands and wives respectively, shall apply.

(4) The provisions of this Ordinance with respect to-

(a) the registration of an unlimited company as

limited;

(b) the powers of an unlimited company on regis- tration as a limited company to increase the nominal amount of its share capital and to provide that a portion of its share capital shall not be capable of being called up except in the event of winding up;

(c) the power of a limited company to determine that a portion of its share capital shall not be capable of being called up except in the event of winding up;

shall apply notwithstanding any provisions contained in any Ordinance, Act of Parliament, royal charter, or other instrument constituting or regulating the company.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932. 1083

(5) Nothing in this section shall authorise the company to alter any such provisions contained in any instrument constituting or regulating the company, as would, if the company had originally been formed under this Ordinance, have been required to be contained in the memorandum and are not authorised to be altered by this Ordinance.

(6) Nothing in this Ordinance shall derogate from any power of altering its constitution or regulations which may, by virtue of any Ordinance, Act of Parliament or other instrument constituting or regu- lating the company, be vested in the company.

(7) In this section the expression "instrument" includes deed of settlement, contract of co-partnery, cost-book regulations and letters patent.

309.-(1) Subject to the provisions of this section, Power to a company registered in pursuance of this Part of this substitute Ordinance may by special resolution alter the form of memoran- its constitution by substituting a memorandum and dum and articles for a deed of settlement.

articles for deed of settlement. 19 & 20 Geo.

(2) The provisions of this Ordinance with respect 5, c. 23, to confirmation by the court and registration of an

　　　　　　　　　　　　　　　　　　　　　s. 334. alteration of the objects of a company shall so far as applicable apply to an alteration under this section with the following modifications:

(a) There shall be substituted for the printed copy of the altered memorandum required to be delivered to the registrar of companies a printed copy of the substituted memorandum and articles; and

(b) On the registration of the alteration being certified by the registrar the substituted memorandum and articles shall apply to the company in the same manner as if it were a company registered under this Ordinance with that memorandum and those articles, and the company's deed of settlemnt shall cease to apply to the company.

(3) An alteration under this section may be made either with or without any alteration of the objects of the company under this Ordinance.

(4) In this section the expression "deed of settle- ment" includes any contract of copartnery or other instrument constituting or regulating the company, not being an Ordinance, Act of Parliament, a royal charter, or letters patent.

stay or

310. The provisions of this Ordinance with respect to Power of staying and restraining actions and proceedings against court to a company at any time after the presentation of a restrain petition for winding up and before the making of a proceedings. winding-up order shall, in the case of a company 19 & 20 Geo. registered in pursuance of this Part of this Ordinance, 5, c. 23, where the application to stay or restrain is by a credi- tor, extend to actions and proceedings against any contributory of the company.

s. 335.

311. Where an order has been made for winding Actions up a company registered in pursuance of this Part of stayed on this Ordinance, no action or proceeding shall be com-

winding-up order inenced or proceeded with against the company or 19 & 20 Geo. any contributory of the company in respect of any 5 c. 23, debt of the company, except by leave of the court,

　　　　　　　　　　　　　　　　　　　　　　　　s. 336. and subject to such terms as the court may impose.

1084 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Meaning of unregistered company.

19 & 20 Geo. 5, c. 23, 8. 337.

Ordinances Nos. 53 of 1911 and 18 of 1912.

PART X.

WINDING UP OF UNREGISTERED COMPANIES,

312. For the purposes of this Part of this Ordin- ance. the expression "once istered company" shall include any partnership, whether limited or not, any association and any company with the following exceptions:-

(1) a company registered under the Companies Ordinance, 1865, or under the Companies Ordinance, 1911, or under this Ordinance;

(2) a partnership, association or company which consists of less than eight members and is not a foreign partnership, association or coin- pany;

(8) a partnership registered in the Colony under the Chinese Partnerships Ordinance. 1911, or under the Limited Partnerships Ordinance, 1912.

Winding up of un-

313.-(1) Subject to the provisions of this Part of this Ordinance, any unregistered company may be ed companies wound up under this Ordinance, and all the provisions 19 & 20 Geo. of this Ordinance with respect to winding up shall 5, c. 23,

apply to an unregistered company, with the following exceptions and additions:----

s. 338.

(a) No unregistered company shall be wound up under this Ordinance voluntarily or subject to supervision:

(b) The circumstances in which an unregistered

company may be wound up are as follows:

(i) If the company is dissolved, or has ceased to carry on business, or is carrying on business only for the purpose of winding up its affairs;

(ii) If the company is unable to pay its debts;

(iii) If the court is of opinion that it is just and equitable that the company should be wound up:

(i) If a creditor by assignment or other- wise, to whom the company is indebted in a sum exceeding five hundred dollars then due, has served on the company, by leaving at its principal place of business, or by delivering to the secretary or some director, manager, or principal officer of the company, or by otherwise serving in such manner as the court may approve or direct, a demand under his hand requiring the com- pany to pay the sum so due, and the company has for three weeks after the service of the demand neglected to pay the sum, or to secure or compound for it to the satisfaction of the creditor;

(ii) If any action or other proceeding has been instituted against any member for any debt or demand due, or claimed to be due, from the company, or from him in his character of member, and notice in writing of the institution of the action or proceeding having been served on the company by leaving the same at its principal place of business, or by delivering it to the secretary, or 8. Ine director, manager, or principal officer of

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

the company, or by otherwise serving the same in such manner as the court may approve or direct, the company has not within ten days after service of the notice paid, secured, or compounded for the debt or demand, or procured the action or pro- ceeding to be stayed, or indemnified the defendant to his reasonable satisfaction against the action or proceeding, and against all costs, damages, and expenses to be incurred by him by reason of the same;

(iii) If execution or other process issued a judgment, decree, or order obtained in any court in favour of a creditor against the company,

or any member thereof as such, or any person authorised to be sued as nominal defendant on behalf of the company, is returned unsatisfied;

(iv) If it is otherwise proved to the satis- faction of the court that the company is unable to pay its debts.

(2) Where a company incorporated outside the Colony which has been carrying on business in the Colony ceases to carry on business in the Colony, it may be wound up as an unregistered company under this Part of this Ordinance, notwithstanding that it has been dissolved or otherwise ceased to exist as a company under or by virtue of the laws of the country under which it was incorporated.

(3) Nothing in this Part of this Ordinance shall affect the operation of any enactment which provides for any partnership, association, or company, being wound up, or being wound up as a company or as an unregistered company, under any enactment re- pealed by this Ordinance, except that references in any such first-mentioned enactment to any such repealed enactment shall be read as references to the corresponding provision (if any) of this Ordinance.

of un-

314.-(1) In the event of an unregistered company Contribu- being wound up, every person shall be deemed to be tories in a contributory who is liable to pay or contribute to winding up the payment of any debt or liability of the company, registered. or to pay or contribute to the payment of any sum company. for the adjustment of the rights of the members 19 & 20 Geo. among themselves, or to pay or contribute to the 5. c. 23, payment of the costs and expenses of winding up the company, and every contributory shall be liable to contribute to the assets of the company all sums due from him in respect of any such liability as aforesaid:

(2) In the event of the death, bankruptcy, or in- solvency, of any contributory, or marriage of any female contributory, the provisions of this Ordinance. with respect to the personal representatives, to the trustees of bankrupt or insolvent contributories, and to the liabilities of husbands and wives respectively, shall apply.

s. 339.

restrain

315. The provisions of this Ordinance with respect Power of to staying and restraining actions and proceedings court to against a company at any time after the presentation stay or of a petition for winding up and before the making proceeding. of a winding-up order shall, in the case of an un- 19 & 20 Geo. registered company, where the application to stay or 5, c. 23, restrain is by a creditor, extend to actions and pro-

s. 340. ceedings against any contributory of the company.

316. Where an order has been made for winding Actions up an unregistered company, no action or proceeding stayed on shall be proceeded with or commenced against any winding-up contributory of the company in respect of any debt of the company, except by leave of the court, and 5, c. 23, subject to such terms as the court may impose.

order. 19 & 20 Geo.

s. 341.

1085

1086

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Provisions of Fart X cumulative. 19 & 20 Geo. 5, c. 23, B. 342.

317. The provisions of this Part of this Ordinance with respect to unregistered companies shall be in addition to and not in restriction of any provisions herein before in this Ordinance contained with respect to winding up companies by the court, and the court or liquidator may exercise any powers or do any act in the case of unregistered companies which might be exercised or done by it or him in winding up companies formed and registered under this Ordinance:

Provided that an unregistered company shall not, except in the event of its being wound up, be deemed to be a company under this Ordinance, and then only to the extent provided by this Part of this Ordin-

ance.

Companies

to which Part XI applies. 19 & 20 Geo.

5, c. 23, s. 343

Documents, &c., to be delivered to

registrar by

companies carrying on

business in the Colony. 19 & 20 Geo. 5, c. 23, s. 344 and Ordinance No. 58 of 1911, s. 252.

PART XI.

COMPANIES INCORPORATED OUTSIDE THE COLONY

CARRYING ON BUSINESS WITHIN THE COLONY.

318. This Part of this Ordinance shall apply to all companies incorporated outside the Colony which, after the commencement of this Ordinance, establish a place of business within the Colony, and to all com- panies incorporated outside the Colony which have, before the commencement of this Ordinance, establish- ed a place of business within the Colony and continue to have an established place of business within the Colony at the commencement of this Ordinance.

319.-(1) Companies incorporated outside the Colony which, after the commencement of this Ordin- ance, establish a place of business within the Colony, shall within one month from the establishment of the place of business, deliver to the registrar of companies for registration-

(a) a certified copy of the charter, statutes or memorandum and articles of the company, or other instrument constituting or defining the constitution of the company, and, if the instrument is not written in the English language, a certified translation thereof; (b) a list of the directors of the company, con- taining such particulars with respect to the directors as are by this Ordinance required to be contained with respect to directors in the register of the directors of a company; (c) the names and addresses of some one or more persons resident in the Colony authorised to accept on behalf of the company service of process and any notices required to be served on the company.

and, in the event of any alteration being made in any such instrument or in the directors or in the names or addresses of any such persons as aforesaid, the com- pany shall within a reasonable time file with the registrar of companies a notice of the alteration.

Any process or notice required to be served on the company shall be sufficiently served if addressed to any person whose name has been so filed as afore- said and left at or sent by post to the address which has been so filed.

(2) Companies to which this Part of this Ordinance applies, cther than the companies mentioned in sub- section (1) of this section, shall (if at the commence- ment of this Ordinance they have not delivered to the registrar the documents and particulars specified in

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

subsection (1) of section two hundred and fifty-two of the Companies Ordinance, 1911,) deliver the docu- ments and particulars in accordance with subsection (1) of this section within three months from the commencement of this Ordinance.

(3) Every company to which this section applies shall in every year file with the registrar of companies such a statement in the form of a balance sheet as would, if it were a company formed and registered under this Ordinance and having a share capital, be required under this Ordinance to be included in the annual return.

(4) Every company to which this section applies, and which uses the word "Limited", or the Chinese characters, as part of its name shall-

(a) in every prospectus inviting subscriptions for its shares or debentures in the Colony state the country in which the company is in- corporated; and

(b) conspicuously exhibit on every place where it carries on business in the Colony the name of the company and the country in which the company is incorporated; and

(c) have the name of the company and of the country in which the company is incorporated mentioned in legible characters in all bill-heads and letter paper, and in all notices, advertise- ments, and other official publications of the company.

(5) If any company to which this section applies fails to comply with any of the requirements of this section, the company, and every officer or agent of the company, shall be liable to a fine not exceeding five hundred dollars, or, in the case of a continuing offence, fifty dollars for every day during which the failure continues.

(6) For the purposes of this section--

(a) "certified" means certified to the satisfaction of the registrar of companies to be a true copy or a correct translation;

(b) director" includes any person occupying the position of director, by whatever name called; (c) "place of business" includes a share transfer

or share registration office; and

(d) "prospectus" means any prospectus, notice, circular, advertisement, or other invitation, offering to the public for subscription or pur- chase any shares or debentures of the com- pany.

(7) There shall be paid to the registrar of companies for registering any document required by this section to be filed with him a fee of three dollars or such smaller fee as may be prescribed.

320. (1) No company incorporated outside the Power of Colony elsewhere than in the United Kingdom or a companies

incorporated British possession, may hereafter acquire immovable outside the property (except tenancies at rack rents for terms not Colony to exceeding five years) in the Colony unless-

hold im- movable

(a) It is empowered by its constitution to acquire property

immovable property;

by consent. 19 Geo. 5,

and

(b) it shall have filed with the registrar of com- c. 23, s. 345

panies the documents and particulars specified Ordinance in section 319 (1); and

the Governor in Council.

No. 58 of 1911, s. 253.

1087

1088

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

(2) A company incorporated in the United Kingdom or a British possession outside the Colony, which shall have filed with the registrar of companies the docu. ments specified in section 319 (1), shall have the same power to acquire, hold and dispose of immovable property in the Colony as if it were a company incorporated under this Ordinance.

(3) Subject to the provisions of this section, any company incorporated outside the Colony shall have power to acquire, hold and dispose of immovable property in the Colony as if it were a company in- corporated under this Ordinance.

Return to be delivered to registrar where

documents, &c. altered.

19 & 20 Geo. 5, c. 23,

s. 346.

321. If in the case of any company to which this Part of this Ordinance applies any alteration is made in-

(1) the charter, statutes, or memorandum and articles of the company or any such instru- ment as aforesaid; or

(2) the directors of the company or the particulars contained in the list of the directors; or

(3) the

names or addresses of the persons authorised to accept service on behalf of the company;

the company shall, within the prescribed time, deliver to the registrar for registration a return containing the prescribed particulars of the alteration.

Balance sheet of company carrying on business in the Colony

19 & 20 ureo. 5, c. 23, s. 347.

322.-(1) Every company to which this Part of this Ordinance applies shall in every calendar year make out a balance sheet in such form, and containing such particulars and including such documents, as under the provisions of this Ordinance it would, if it had been a company within the meaning of this Ordinance, have been required to make out and lay before the company in general meeting, and deliver a copy of that balance sheet to the registrar for registration.

(2) If any such balance sheet is not written in the English language, there shall be annexed to it a certified translation thereof.

Obligation to state name of

company, whether limited, and country where in- corporated.

19 & 20 Geo. 5, c. 23,

s. 348.

323. Every company to which this Part of this. Ordinance applies shall-

(1) in every prospectus inviting subscriptions for its shares or debentures in the Colony state the country in which the company is incor- porated; and

(2) conspicuously exhibit on every place where it carries on business in the Colony the name of the company and the country in which the company is incorporated; and

(3) cause the name of the company and of the country in which the company is incorporated to be stated in legible characters in all bill- heads and letter paper, and in all notices, advertisements, and other official publications. of the company; and

(4) if the liability of the members of the company is limited, cause notice of that fact to be stated in legible characters in every such

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932. 1080

prospectus as aforesaid and in all bill-heads, letter paper, notices, advertisements and other official publications of the company in the Colony and to be affixed on every place where it carries on its business.

which Part

324. Any process or notice required to be served Service on on a company to which, this Part of this Ordinance company to applies shall be sufficiently served if addressed to any XT applies. person whose name has been delivered to the registrar 19 & 20 Geo. under this Part of this Ordinance and left at or sent 5, c. 23, by post to the address which has been so delivered: s. 349.

Provided that-

(1) where any such company makes default in delivering to the registrar the name and address of a person resident in the Colony who is authorised to accept on behalf of the com- pany service of process or notices; or (2) if at any time all the persons whose names and addresses have been so delivered are dead or have ceased so to reside, or refuse to accept service on behalf of the company, or for any reason cannot be served;

a document may be served on the company by leaving it at or sending it by post to any place of business established by the company in the Colony.

325.-(1) Any document, which any company to Office which this Part of this Ordinance applies is required where to deliver to the registrar of companies, shall be documents delivered to the registrar at the registration oflice.

Provided that nothing in this Part of this Ordinance shall operate to require any document to be delivered at any registration office if it has been delivered at that office before the commencement of this Ordinance.

(2) If any company to which this Part of this Ordinance applies ceases to have a place of business in the Colony, it shall forthwith give notice of the fact to the registrar of companies and as from the date on which notice is so given the obligation of the company to deliver any document to the registrar shall cease.

to be filed. 19 & 20 Gao.

5, c. 23, s. 350.

s. 351.

226. If any company to which this Part of this Penalties, Ordinance applies fails to comply with any of the 19 & 20 Geo. foregoing provisions of this Part of this Ordinance 5, c. 23, the company, and every officer or agent of the com- pany, shall be liable to a fine not exceeding five hundred dollars, or, in the case of a continuing offence, fifty dollars for every day during which the default continues.

327. For the purposes of this Part of this Ordin- Interpreta-

ance:

The expression "certified" means certified in the prescribed manner to be a true copy or a correct translation;

The expression "director" in relation to a com- pany includes any person in accordance with whose directions or instructions the directors of the company are accustomed to act; The expression "place of business" includes a

share transfer or share registration office; The expression "prospectus" has the samɔ mean- ing as when used in relation to a company incorporated under this Ordinance.

tion of Part XI. 19 & 20 Geo. 5, r. 23, s. 352.

1090

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Provisions with respect

to prospec- tuses of

foreign companies inviting subscrip- tions for shares or offering shares for sale.

19 & 20 Geo. 5, c. 23, 8. 354.

PART XII.

RESTRICTIONS ON SALE OF SHARES AND

OFFERS OF SHARES FOR SALE,

328.-(1) It shall not be lawful for any person― (a) to issue, circulate or distribute in the Colony any prospectus offering for subscription shares in or debentures of a company incorporated or to be incorporated outside the Colony, whether the company has or has not established, or when formed will or will not establish, a place of business in the Colony, unless-

(i) before the issue, circulation or dis- tribution of the prospectus in the Colony a copy thereof, certified by the chairman and two other directors of the company as having been approved by resolution of the managing body, has been delivered for regis- tration to the registrar of companies;

(ii) the prospectus states on the face of it that the copy has been so delivered;

(iii) the prospectus is dated;

(iv) the prospectus otherwise complies with this Part of this Ordinance; or

(b) to issue to any person in the Colony a form of application for shares in or debentures of such a company or intended company as aforesaid, unless the form is issued with a prospectus which complies with this Part of this Ordinance;

Provided that this provision shall not apply if it is shown that the form of appli- cation was issued in connection with a bonâ fide invitation to a person to enter into an underwriting agreement with respect to the shares or debentures.

(2) This section shall not apply to the issue to existing members or debenture holders of a company of a prospectus or form of application relating to shares in or debentures of the company, whether an applicant for shares or debentures will or will not have the right to renounce in favour of other persons, but, subject as aforesaid, this section shall apply to a prospectus or form of application whether issued on or with reference to the formation of a company or subsequently.

(3) Where any document by which any shares in or debentures of a company incorporated outside the Colony are offered for sale to the public would, if the company concerned had been a company within the meaning of this Ordinance, have been deemed by virtue of section forty of this Ordinance to be a prospectus issued by the company, that document shall be deemed to be, for the purposes of this section, a prospectus issued by the company.

(4) An offer of shares or debentures for subscription or sale to any person whose ordinary business or part of whose ordinary business it is to buy or sell shares or debentures, whether as principal or agent, shall not be deemed an offer to the public for the purposes of this section.

(5) Section thirty-nine of this Ordinance shall extend to every prospectus to which this section applies.

(6) Any person who is knowingly responsible for the issue, circulation or distribution of any prospectus, or for the issue of a form of application for shares or debentures, in contravention of the provisions of this section shall be liable to a fine not exceeding five thousand dollars.

(7) In this and the next following section the expressions prospectus," shares," and "deben- tures have the same meanings as when used in relation to a company incorporated under this

Ordinance.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

329.-(1) In order to comply with this Part of this Require- Ordinance a prospectus in addition to complying with ments as to the provisions of sub-paragraphs (ii) and (iii) of Prospectus. paragraph (a) of subsection (1) of the last foregoing 5, c. 23, section must-

(a) contain particulars with respect to the follow-

ing matters-

(i) the objects of the company;

(ii) the instrument constituting or defining the constitution of the company;

(iii) the enactments, or provisions having the force of an enactment, by or under which the incorporation of the company was effected;

(iv) an address in the Colony where the said instrument, enactments or provisions, or copies thereof, and if the same are in a foreign language a translation thereof cer- tified in the prescribed manner, inspected;

can be

(v) the date on which and the country in which the company was incorporate l;

(iv) whether the company has established a place of business in the Colony, and, if so, the address of its principal office in the Colony;

Provided that the provisions of sub-paragraphs (i), (ii), (iii) and (iv) of this paragraph shall not apply in the case of a prospectus issued more than two years after the date at which the company is entitled to commence business. (b) subject to the provisions of this section, state the matters specified in Part I of the Fourth Schedule to this Ordinance (other than those specified in paragraph 1 of the said Part I) and set out the reports specified in Part II of that Schedule subject always to the pro- visions contained in Part III of the said Schedule:

Provided that-

(i) where any prospectus is published as a news- paper advertisement, it shall be a sufficient compliance with the requirement that the prospectus must specify the objects of the company if the advertisement specifies the primary object with which the company was formed; and

(ii) in paragraph 3 of Part I of the said Fourth

Schedule a reference to the constitution of the company shall be substituted for the reference to the articles; and

(iii) paragraph 1 of Part III of that Schedule shall have effect as if the reference to the memorandum were omitted therefrom.

(2) Any condition requiring or binding any applicant for shares or debentures to waive compliance with any requirement of this section, or purporting to affect him with notice of any contract, document, or matter not specifically referred to in the prospectus, shall be void.

(3) In the event of non-compliance with or con- travention of any of the requirements of this section, a director or other person responsible for the prospectus shall not incur any liability by reason of the non- compliance or contravention, if-

(a) as regards any matter not disclosed, he proves

that he was not cognisant thereof; cr

(b) he proves that the non-compliance or contra- vention arose from an honest mistake of fact

on his part: or

19 & 20 Geo.

8. 355.

1091

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THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Restrictions

on offering of shares for sub-

scription or sale.

19 x 20 Geo. 5. c. 23,

8. 356.

(c) the non-compliance or contravention was in respect of matters which, in the opinion of the court dealing with the case, were immaterial or were otherwise such as ought, in the opinion of that court, having regard to all the circumstances of the case, reasonably to be excused:

Provided that, in the event of failure to include in a prospectus a statement with respect to the matters contained in paragraph 15 of Part I of the Fourth Schedule to this Ordinance, no director or other per- son shall incur any liability in respect of the failure unless it be proved that he had knowledge of the matters not disclosed.

(4) Nothing in this section shall limit or diminish any liability which any person may incur under the general law or this Ordinance apart from this section.

330.-(1) It shall not be lawful for any person to go from house to house offering shares for subscription or purchase to the public or any member of the public.

In this subsection the expression "house" shall not include an office used for business purposes.

(2) Subject as hereinafter provided in this sub- section, it shall not be lawful to make an offer in writing to any member of the public (not being a person whose ordinary business or part of whose ordinary business it is to buy or sell shares, whether as principal or agent) of any shares for purchase, unless the offer is accompanied by a statement in writing (which must be signed by the person making the offer and dated) containing such particulars as are required by this section to be included therein and otherwise complying with the requirements of this section, or, in the case of shares in a company incor- porated outside the Colony, either by such a statement as aforesaid, or by such a prospectus as complies with this Part of this Ordinance;

Provided that the provisions of this subsection shall not apply-

(a) where the shares to which the offer relates are shares which are quoted on, or in respect of which permission to deal has been granted by, any recognised stock exchange in the Colony and the offer so states and specifies the stuck exchange; or

(b) where the shares to which the offer relates are shares which a company has alloted or agreed to allot with a view to their being offered for sale to the public; or

(c) where the offer was made only to persons with whom the person making the offer has been in the habit of doing regular business in the purchase or sale of shares.

(3) The written statement aforesaid shall not con- tain any matter other than the particulars required by this section to be included therein, and shall not be in characters less large or less legible than any characters used in the offer or in any document sent therewith.

(4) The said statement shall contain particulars with respect to the following matters-

(a) whether the person making the offer is acting. as principal or agent, and if as agent the name of his principal and an address in the Colony. where that principal can be served with

process;

(b) the date on which and the country in which the company was incorporated and the address of its registered or principal oflice in the Colony;

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

(c) the authorised share capital of the company and the amount thereof which has been issued, the classes into which it is divided and the rights of each class of shareholders in respect of capital, dividends and voting;

(d) the dividends, if any, paid by the company on each class of shares during each of the three financial years immediately preceding the offer, and if no dividend has been paid. in respect of shares of any particular class during any of those years, a statement to that effect;

(e) the total amount of any debentures issued by the company and outstanding at the date of the statement, together with the rate of interest payable thereon;

(f) the names and addresses of the directors of the

company;

(g) whether or not the shares offered are fully paid up, and, if not, to what extent they are paid up;

(h) whether or not the shares are quoted on, or permission to deal therein has been granted by, any recognised stock exchange in the Colony or elsewhere, and, if so, which, and, if not, a statement that they are not so quɔted or that no such permission has been granted; (i) where the offer relates to units, particulars of the names and addresses of the persons in whom the shares represented by the units are vested, the date of and the parties to any document defining the terms on which those shares are held, and an address in the Colony where that document or a copy thereof can be inspected.

In this subsection the expression "company" means the company by which the shares to which the statement relates were or are to be issued.

(5) If any person acts, or incites, causes or procures any person to act, in contravention of this section, he shall be liable to imprisonment for a term not exceed- ing six months or to a fine not exceeding two thousand dollars or to both such imprisonment and fine, and in the case of a second or subsequent offence to imprisonment for a term not exceeding twelve months or to a fine not exceeding five thousand dollars, or to both such imprisonment and fine.

(6) Where a person convicted of an offence under this section is a company (whether a company within the meaning of this Ordinance or not), every director and every officer concerned in the management of the company shall be guilty of the like offence unless he proves that the act constituting the offence took place without his knowledge or consent.

(7) In this section, unless the context otherwise requires, the expression "shares" means the shares of a company, whether a company within the meaning of this Ordinance or not, and includes debentures and units, and the expression "unit" means any right or interest (by whatever name called) in a share, and for the purposes of this section a person shall not in relation to a company be regarded as not being a member of the public by reason only that he is a holder of shares in the company or a purchaser of goods from the company.

(8) Where any person is convicted of having made an offer in contravention of the provisions of this sec- tion, the court before which he is convicted may order that any contract made as a result of the offer shall

1093

:1094 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

be void, and, where it makes any such order, may give such consequential directions as it thinks proper for the repayment of any money or the retransfer of any shares.

Where the court makes an order under this sub- section (whether with or without consequential directions) an appeal against the order and the consequential directions, if any, shall lie to the ¡Full Court.

Prohibition of partner. ships with more than twenty members.

PART XIII.

MISCELLANEOUS.

Prohibition of Partnerships with more than Twenty Members.

331. No company, association, or partnership con- sisting of more than twenty persons shall be formed for the purpose of carrying on any business (other than the business of banking) that has for its object the acquisition of gain by the company, association, 19 & 20 Geo. or partnership, or by the individual members thereof, 5, c. 23,

unless it is registered as a company under this Ordin- 8. 357,

ance, or is formed in pursuance of some other Ordinance, Act of Parliament, or of letters patent.

with more

Provisions relating to Banks.

Prohibition 332. Similarly, no company, association, or part- of bankingnership consisting of more than twenty persons shall partnerships be formed for the purpose of carrying on the business than twenty of banking, unless it is registered as a company under meinbers. this Ordinance, or is formed in pursuance of some 19 & 20 Geo. other Ordinance, Act of Parliament, or of letters 5, c. 23,

patent. $.358.

Liability of bank of issue un- limited in respect of notes.

19 & 20 Geo. 5, c. 23, 8. 360.

Frivileges of banks making

annual

return.

19 & 20 Geo. 5, c. 23,

s. 361. (Irdinance

No. 2 of 1889.

333.-(1) A bank of issue registered under this Ordinance as a limited company shall not be entitled to limited liability in respect of its notes, and the members thereof shall be liable in respect of its notes in the same manner as if it had been registered as unlimited.

Provided that, if, in the event of the company being wound up, the general assets are insufficient to satisfy the claims of both the note-holders and the general creditors, then the members, after satisfying the re- maining demands of the note-holders, shall be liable to contribute towards payment of the debts of the general creditors a sum equal to the amount received by the note-holders out of the general assets.

(2) For the purposes of this section, the expression "the general assets" means the funds available for payment of the general creditor as well as the note- holder.

(3) Any bank of issue registered under this Ordin- ance as a limited company may state on its notes that the limited liability does not extend to its notes, and that the members of the company are liable in respect of its notes in the same manner as if it had been registered as an unlimited company.

the

334.-(1) Where a company carrying on business of bankers has duly forwarded to the registrar of companies the annual return required by section one hundred and seven ṛf this Ordinance and has added thereto a statement of the names of the several places where it carries on business, the company shall be deemed to be a "bank" and "bankers' within the meaning of the Evidence Ordinance, 1889.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

1095

ཀ

(2) The fact of the said annual return and statement having been duly forwarded may be proved in any legal proceedings by the certificate of the registrar.

Miscellaneous Offences.

19 & 20 Geo

335. If any person in any return, report, certificate, Penalty for balance sheet, or other document, required by or for false state- the purposes of any of the provisions of this Ordinance ment. specified in the Tenth Schedule hereto, wilfully 5, c. 23, makes a statement false in any material particular, s. 362. knowing it to be false, he shall be guilty of a misdemeanor, and shall be liable on summary con- viction to imprisonment for a term not exceeding four months, and to a fine in lieu of or in addition to such imprisonment not exceeding one thousand dollars.

Provided that nothing in this section shall affect Ordinance

No. 21 of the provisions of the Perjury Ordinance, 1922.

1922.

use of word

336. If any person or persons trade or carry on Penalty for business under any name or title of which Limited, improper or any contraction or imitation of that word, is the "Limited." last word, or under any name or title of which the 19 & 20 Geo. Chinese characters A form part, that person 5, c. 23, or those persons shall, unless duly incorporated with s. 364. limited liability, be liable to a fine not exceeding fifty dollars for every day upon which that name or title has been used.

General Provisions as to Offences.

to default fines and

337.-(1) Where by any enactment in this Ordin- Provision ance it is provided that a company and every officer with respect of the company who is in default shall be liable to a default fine, the company and every such officer shall, meaning of for every day during which the default, refusal or "officer in contravention continues, be liable to a fine not ex- default.' cceding such amount as is specified in the said enact- 19 & 20 Geo.

5, c. 23, ment, or, if the amount of the fine is not so specified,

s. 365. to a fine not exceeding fifty dollars.

(2) For the purpose of any enactment in this Ordinance which provides that an officer of a company who is in default shall be liable to a fine or penalty, the expression "officer who is in default" means any director, manager, secretary or other officer of the company, who knowingly and wilfully authorises or permits the default, refusal or contravention men- tioned in the enactment.

338. All offences under this Ordinance made Prosecution punishable by any fine may be prosecuted under the Magistrates Ordinance 1890 or any Ordinance amend- ing or substituted for the same.

of offences punishable by fine. 19 & 20 Geo. 5, c. 23,

s. 366.

8. 367.

339. The court or magistrate imposing any fine un- Application der this Ordinance may direct that the whole or any of fines. part thereof shall be applied in or towards payment of 19 & 20 Geo. the costs of the proceedings, or in or towards 5, c. 23, rewarding the person on whose information or at whose suit the fine is recovered, and subject to any such direction all fines under this Ordinance shall, not- withstanding anything in any other Ordinance, be paid into the Treasury.

340.-(1) If any company fails to pay the whole or Penalty for any part of any fine or penalty imposed by a court failure to or magistrate under this Ordinance within one month pay fine. of the day on which the said fine or penalty was imposed, the registrar of companies shall publish in the Gazette and send to the company by post a notice that at the expiration of two months from the date of such notice the name of the company mentioned

1096

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Saving as to private prosecutors 19 & 20 Geo 5, c. 23, 8. 368.

Saving for privileged communi-

cations.

19 & 20 Geo. 5, c. 23, s. 369.

Service of documents on company. 19 & 20 Geo. 5, c. 23,

s. 370.

Costs in

actions by

certain

limited

companies.

19 & 20 Geo. 5, c. 23, s. 371.

Power of court to grant relief in certain

cases.

19 & 20 Geo 5, c. 23,

s. 372.

therein will, unless the said fine or penalty be sooner paid, be struck off the register and the company will be dissolved.

(2) At the expiration of the time mentioned in the notice the registrar of companies may, unless cause to the contrary is previously shown by the company, strike its name off the register, and shall publish notice thereof in the Gazette, and on such publication the company shall be dissolved: Provided that the liability (if any) of every director, managing officer, and member of the company shall continue and may be enforced as if the company had not been dissolved.

(3) If a company or any member or creditor thereof feels aggrieved by the company having been struck off the register, the court on the application of the com- pany or member or creditor may, if satisfied that it is just that the company be restored to the register, order the name of the company to be restored to the register, and thereupon the company shall be deemed to have continued in existence as if its name had not been struck off; and the court may by the order give such directions and make such provisions as seem just for placing the company and all other persons in the same position as nearly as may be as if the name of the company had not been struck off.

(4) A letter or notice under this section may be addressed to the company at its registered office, or, if no office has been registered, to the care of some director or officer of the company, or, if there is no director or officer of the company whose name and address are known to the registrar of companies, may be sent to each of the persons who subscribed the mernorandum, addressed to him at the address men- tioned in the memorandum.

Provided that nothing in this section shall affect any other legal method of enforcing fines or penalties imposed by a magistrate.

341. Nothing in this Ordinance relating to the institution of criminal proceedings by the Attorney General shall be taken to preclude any person from instituting or carrying on any such proceedings.

342. Where proceedings are instituted under this Ordinance against any person by the Attorney General nothing in this Ordinance shall be taken to require any person who has acted as solicitor for the defendant to disclose any privileged communication made to him in that capacity.

Service of Documents and Legal Proceedings. 343. A document may be served on a com- pany by leaving it at or sending it by post to the registered office of the company.

344. Where a limited company is plaintiff any action or other legal proceeding, any judge having jurisdiction in the matter may, if it appears by credible testimony that there is reason to believe that the company will be unable to pay the costs of the defendant if successful in his defence, require sufficient security to be given for those costs, and may stay all proceedings until the security is given.

345.-(1) If in any proceeding for negligence, default, breach of duty, or breach of trust against a person to whom this section applies it appears to the court hearing the case that that person is or may be liable in respect of the negligence, default, breach of duty or breach of trust, but that he has acted honestly and reasonably, and that, having regard to all the

{}

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

circumstances of the case, including those connected with his appointment, he ought fairly to be excused for the negligence, default, breach of duty or breach of trust, that court may relieve him, either wholly or partly, from his liability on such terms as the court may think fit.

(2) Where any person to whom this section applies has reason to apprehend that any claim will or might be made against him in respect of any negligence, default, breach of duty or breach of trust, he may apply to the court for relief, and the court on any such application shall have the same power to relieve him as under this section it would have had if it had been a court before which proceedings against that person for negligence, default, breach of duty or breach of trust had been brought.

(3) Where any case to which subsection (1) of this section applies is being tried by a judge with a jury, the judge, after hearing the evidence, may, if he is satisfied that the defendant ought in pursuance of that subsection to be relieved either in whole or in part from the liability sought to be enforced against him, withdraw the case in whole or in part from the jury and forthwith direct judgment to be entered for the defendant on such terins as to costs or otherwise as the judge may think proper.

(4) The persons to whom this section applies are the following:-

(a) directors of a company:

(b) managers of a company:

(d) persons employed by a company as auditors, whether they are or are not officers of the company.

346. Orders made by the court under this Ordin- Power to ance may be enforced and shall be subject to appeal enforce in the same manner as orders made in an action orders. pending therein.

General Provisions as to alteration of Tables, forms

and fees.

19 & 20 Geo.

5, c. 23, 8. 373.

347.-(1) The Governor in Council may alter Power to Table A, the form in the Seventh Schedule and the alter tables table of fees in the Ninth Schedule to this Ordinance, and fortus. so that such alteration does not increase the amount

19 & 20 Geo. 5, c. 23, of fees payable to the registrar under the said Ninth € 379. Schedule, and may alter or add to Tables B, C, D) and E in the First Schedule, and the forms in the Second and Sixth Schedules to this Ordinance.

(2) Any such Table or form, when altered, shall be published in the Gazette, and thenceforth shall have the same force as if it were included in one of the Schedules to this Ordinance, but no alteration made in Table A shall affect any company registered before the alteration, or repeal, as respects that company, any portion of that Table.

(3) Every order in council made under this section shall be laid on the table of the Legislative Council at the first meeting thereof held after the publication of such order in council in the Gazette, and if a resolution be passed at the first meeting of the Legislative Council held after such order in council shall have been laid on the table of the said Council resolving that any such order in council shall be rescinded or amended in any manner whatsoever, the said order in council shall, without prejudice to anything done thereunder, be deemed to be rescinded, or amended, as the case may be, as from the date of publication in the Gazette of the passing of such resolution.

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1098

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Interpreta-

ton.

19 & 20 Geo.

5, c. 23, s. 380.

Ordinance No. 1 of 1865.

Ordinance. No. 58 of 1911.

Interpretation.

348. (1) In this Ordinance, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them (that is to say):

"Annual return" means the return required to

be made, in the case of a company having a share capital, under section one hundred and seven, and, in the case of a company not having a share capital, under section one hundred and eight, of this Ordinance;

"Articles" means the articles of association of a company, as originally framed or as altered by special resolution, including, so far as they apply to the company, the regulations contained in Table A in the First Schedule annexed to the Companies Ordinance, 1865, or in that Table as altered in pursuance of powers given under that Ordinance, or in Table A in the First Schedule to the Companies Ordinance, 1911, or in that Table as altered in pursuance of section one hundred and seventeen of the last mentioned Ordinance, or in Table A in the First Schedule to this Ordinance;

"Book and paper" and "book or paper" include

accounts, deeds, writings, and documents; "Company" means a company formed and regis- tered under this Ordinance or an existing com-

pany;

"Existing company" means a company formed and registered under the Companies Ordinance, 1865, or the Companies Ordinance, 1911,. "China company" means a company as defined by this section the operations of which are directed and controlled from a place within the limits of the China Orders in Council.

"China Orders in Council means the China Order in Council, 1925, and any Orders aniending, read with, auxiliary to or substituted for the

same.

"The court" used in relation to a company means the court having jurisdiction to wind up the

company;

"Debenture" includes debenture stock, bonds and

any other securities of a company whether constituting a charge on the assets of the coin- pany or not;

"Director" includes any person occupying the position of director by whatever name called; "Document" includes summons, notice, order, and

other legal process, and registers;

"General rules" means general rules made under section two hundred and eighty-two of this Ordinance, and includes forms;

"Hong Kong China company" means a company as defined by this section, which carries on some part of its business within the limits of the China Orders in Council and the operations of which are directed and controlied from some place in this Colony.

"Memorandum" means the memorandum of asso- ciation of a company, as originally framed or as altered in pursuance of any enactment; "Minister" means His Majesty's Minister in China, and includes Chargé d'affaires or other chief

diplomatic representative;

"Prescribed" means as respects the provisions of this Ordinance relating to the winding-up of companies, prescribed by general rules, and as respects the other provisions of this Ordinance, prescribed by the Governor in Council; "Prospectus" means any prospectus, notice, cir- cular, advertisement, or other invitation, offer- ing to the public for subscription or purchase any shares or debentures of a company;

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

"The registrar of companies," or, when used in relation to registration of companies, "the registrar,' means the registrar or other officer performing under this Ordinance the duty of registration of companies at Hong Kong or Shanghai as the case may require;

"Share" means share in the share capital of a company, and includes stock except where a distinction between stock and shares is express- ed or implied;

"Table A" means Table A in the First Schedule to

this Ordinance.

(2) A person shall not be deemed to be within the meaning of any provision in this Ordinance a person in accordance with whose directions or instructions the directors of a company are accustomed to act, by reason only that the directors of the company act on advice given by him in a professional capacity.

PART XIV.

CHINA COMPANIES AND HONG KONG CHINA COMPANIES.

349.--(1) There shall be a register and registrar Establish- of companies at Shanghai..

ment of register and registrar of companies at Shanghai.

(2) All acts done within the limits of the China Validity of Orders in Council, in pursuance of the provisions of acts done this Ordinance by, to, with, or before the registrar by or before

　　　　　　　　　　　　　　　　　　　Shanghai of companies at Shanghai shall, subject to the

registrar. provisions of the China Orders in Council, be of the same force and validity as if they had been done by, to, with, or before the registrar of companies.

(3) All documents and other written information Filing of which a company is required by this Ordinance to documents. file with the registrar of companies shall in the case of a China company be filed with the registrar of companies at Shanghai, and a copy of all such docu- ments and other written information shall in the case of a Hong Kong China Company be filed with the registrar of companies at Shanghai.

(4) All fees which a company is required by this Fees in case Ordinance to pay to the registrar of companies shall of China in the case of a China company be paid to the First registrar of companies at Shanghai.

company.

Schedule Table B.

350.-(1) The promoters of every intended Hong Notice to Kong China company, and of every intended China be given by company shall on or before the date of delivery for companies. registration of the memorandum and articles of the company send notice in writing to the registrar of companies and to the registrar of companies at Shanghai of the place from which the operations of the company are intended to be directed and con- trolled.

If the promoters make default in complying with the provisions of this paragraph, every promoter of the company in question shall be liable to a fine not ex- ceeding fifty dollars for each day of the company's existence up to the date on which the said promoters or the company shall give notice in writing to the registrar of companies and to the registrar of com- panies at Shanghai of the place from which the operations of the company are intended to be directed and controlled.

Every Hong Kong China company and every China company shall, in the event of any change occurring in the place from which its operations are directed and controlled, send notice in writing of such change to the registrar of companies and to the registrar of companies at Shanghai, within one month of such change occurring

1099

1100

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Transfer on notice by company.

Transfer

If any company to which this sub-section applies fails to comply with its provisions, the company and every director, officer and agent of the company who is knowingly a party to the default shall be liable to a fine not exceeding fifty dollars for each day during which the default continues.

(2) Upon the receipt of any such notice by the registrar of the register in which the documents and records of the company in question are filed, such registrar shall proceed to determine whether the com- pany shall remain on such register or shall be trans- ferred from such register to the register at Shanghai or to the register in Hong Kong, as the case may be.

Before so determining it shall be lawful for such registrar to call upon the company for such proof of the correctness of the notice as he may require.

If upon such determination such registrar is of opinion that the company ought to be transferred from his register to the register at Shanghai or to the register in Hong Kong, as the case may be, he shall order such transfer and shall send all the docu- ments and records filed in his office relating to such company to the registrar of companies at Shanghai or to the registrar of companies respectively and shall serve notice of the order on the company: Provided that he shall not without the consent of the company post or despatch the documents and record relating thereto until after the expiration of one month from the service of the order on the company.

　(3) The registrar of companies may at any time on motion of of his own motion or on the request of the registrar Registrar.

of companies at Shanghai, send to any company registered under this Ordinance carrying on business in Hong Kong a notice calling on such company to show to the satisfaction of the registrar of companies that it ought not to be transferred to the register at Shanghai, as being a China company, and such notice shall fix a date by which such company shall submit its case in writing to the registrar of companies.

If the company fails to show to the satisfaction of the registrar of companies that it ought not to be transferred to the register at Shanghai, the registrar of companies shall order such transfer and shall forthwith serve notice of the order on the com- pany: Provided that he shall not without the consent of the company send the documents and records to the register at Shanghai until after the expiration of one month from the service of the order on the

company.

The registrar of companies at Shanghai may at any

time of his own motion, or on the request of the registrar of companies, send to any company registered under this Ordinance carrying on business within the limits of the China Orders in Council a notice calling on such company to show to the satisfaction of the registrar of companies at Shanghai that it ought not to be transferred to the register in Hong Kong, as being a Hong Kong China. company, and such notice shall fix a date by which such company shall submit its case in writing to the registrar of companies at Shanghai.

If any such company fails to show to the satisfaction of the registrar of companies at Shanghai that it ought not to be transferred to the register in Hong Kong, the registrar of companies at Shanghai shall order such transfer, and shall forthwith serve notice of the order on the company : Provided that he shall not without the consent of the company send the documents and records relating thereto to the register in Hong Kong until after the expiration of one month from the service of the order on the com-

pany.

•

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932. 1101

(4) If the company concerned, or the registrar Appeals.

of companies, at Hong Korg or Shanghai, is dissatis- fied with any such order of transfer or determination aforesaid, it shall be lawful for it or him to appeal to the court.

Such appeal shall be made by originating sum-

mons.

Such originating summons shall be issued within one month after the service of the notice of such transfer or determination on the company concerned: Provided that the court shall have power to extend the time before or after the expiration of the said period of one month.

If any such appeal is not prosecuted with all due diligence, it shall be lawful for the court to dismiss

it.

Upon such appeal the court may make such order as may seem to it desirable.

(5) The registrar of companies or the registrar of Notices to be companies at Shanghai shall register any such notice registered. as is referred to in this section given to him by a

company.

Jurisdiction

351.-(1) In all matters relating to a Hong Kong. of Hong China company, the jurisdiction of the court and the

Kong Court jurisdiction of the Supreme Court for China shall be and Supreme concurrent and the said two courts shall in all respects Court for be auxiliary to each other.

China in matters relating to Hong Kong China Com- panies.

(2) Where any proceeding relating to a Hong Kong Transfer of proceedings China company, or for the winding-up of any such

relating to company, are commenced in the court and it appears Hong Kong that the principal part of such company's business China Com- is carried on within the limits of the China Orders panies. in Council, or that for any other reason such pro- ceedings might conveniently be carried on within the limits of the said Orders in Council, the court may, of its own motion, or on the application of any party, make an order transferring the proceedings to the Supreme Court for China.

of order of

(3) The court shali enforce within the Colony any Enforcement order or decree made by the Supreme Court for China in Colony in the course of any proceedings relating to a China Supreme company or to a Hong Kong China company or for Court for the winding-up of any such company in the same China. manner as if such order or decree had been made by the court.

duties

352.-(1) An instrument of transfer of a share in Stamp a China company shall be exempt from stamp duty. or transfers

of shares.

(2) No probate duty or estate duty shall be payable Probate and in respect of the share or other interest of a deceased estate duty. member of a China company in such company.

annual fee.

(3) In lieu of the aforesaid duties, an annual fee China com- for each calendar year at the rate of four cents for panies to each hundred dollars of the paid up capital of the pay an company shall be paid in Hong Kong currency in advance by every China company to the Colonial Treasurer of Hong Kong on or before the 31st day. of January in each year: Provided that where a company is placed on the register at Shanghai after the 1st day of January in any given calendar year a proportionate part only of the said fee shall be payable in respect of the period from the date of it being so placed on the register at Shanghai to the 31st day of December next following.

1102 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Fenalty.

(4) If any company makes default in complying with the provisions of sub-section (3), it shall be liable to a penalty not exceeding fifty dollars for every day during which the default continues, and every director, officer and agent of the company who knowingly or wilfully authorises or permits the default shall be liable to the like penalty.

(5) The annual fee payable under sub-section (3) shall be paid at the rate of one cent, and not four cents, for each hundred dollars of the paid up capital if the China company in question is a private company and if, further, the Governor in Council is of opinion that substantially all the shares in the said company are held by a parent company which was incorporated either in this Colony or in the United Kingdom or in some British possession.

Repeal of Ordinances

PART XV.

REPEAL AND SAVINGS.

353.-(1) The Companies Ordinance, 1911, and the Companies Amendment Ordinances, 1925, 1928, 1929 1911, No. 15 and 1930 are repealed.

No. 58 of

of 1925,

No. 12 of 1928,

No. 31 of 1929 and No. 26 of 1930.

Savings.

19 & 20 Geo.

5, c. 23,

s. 382.

(2) Without prejudice to the provisions of section twelve of the Interpretation Ordinance, 1911, Ordi- nance No. 31 1911-

(a) nothing in this repeal shall affect any Order in Council, order, rule, regulation, scale of fees, appointment, conveyance, mortgage, deed or agreement made, resolution passed, direction given, proceeding taken, instrument issued or thing done under any former enact- ment relating to companies, but any such Order in Council, order, rule, regulation, scale of fees, appointment, conveyance, mortgage, deed, agreement, resolution, direction, pro- ceeding, instrument or thing shall, if in force at the commencement of this Ordinance, con- tinue in force, and so far as it could have been made, passed, given, taken, issued or done under this Ordinance shall have effect as if made, passed, given, taken, issued or done under this Ordinance:

(b) any document referring to any former enact- ment relating to companies shall be construed as referring to the corresponding enactment of this Ordinance;

(c) any person appointed to any office under or by virtue of any former enactment relating to companies shall be deemed to have been appointed to that office under or by virtue of this Ordinance;

(d) any register kept under any former enactment relating to companies shall be deemed part of the register to be kept under the corresponding provisions of this Ordinance;

(e) all funds and accounts constituted under this Ordinance shall be deemed to be in con- tinuation of the corresponding funds and accounts constituted under the former enact- ments relating to companies.

(3) In this section the expression "former enact- ment relating to companies" means any enactment repealed by this Ordinance and any enactment repealed by the Companies Ordinance, 1911.

354. Nothing in this Ordinance shall affect---

(1) The incorporation of any company registered

under any enactment hereby repealed; (2) Table A in the First Schedule annexed to the Companies Ordinance, 1865, or any part there- of, either as originally contained in that

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

schedule or as altered in pursuance of that Ordinance, so far as the same applies to any company existing at the commencement of this Ordinance;

(3) Table A in the First Schedule to the Com- panies Ordinance, 1911, or any part thereof, either as originally contained in that Schedule or as altered in pursuance of section one hundred and nineteen of that Ordinance, so far as the same applies to any company existing at the commencement of this Ordi-

nance;

355. The provisions of this Ordinance with respect Saving of to winding up shall not apply to any company

pending proceedings which the winding up has commenced before the for winding commencement of this Ordinance, but every such up. company shall be wound up in the same manner and 19 & 20 Geo. with the same incidents as if this Ordinance had not 5, c. 23, passed, and, for the purposes of the winding up, the Ordinance or Ordinances under which the winding up commenced shall be deemed to remain in full force.

s. 383.

Ordinances

356. Nothing in this Ordinance shall affect the Saving of provisions of the Life Insurance Companies Ordinance, Nos. 11 of 1907, the Fire Insurance Companies Ordinance, 1908, 1907, or the Fire and Marine Companies Deposit Ordinance,

1917.

of 1908,

and 32 of 1917.

357. This Ordinance shall come into force on the Commence- first day of July, 1933.

Passed the Legislative Council of Hong Kong, this 1st day of December, 1932.

R. A. C. NORTH, Deputy Clerk of Councils.

SCHEDULES.

FIRST SCHEDULE.

TABLE A.

ment of

Ordinance

Sections 10, 114, 308,

REGULATIONS FOR MANAGEMENT OF A COMPANY LIMITED 347, 348.

BY SHARES. Preliminary.

1. In these regulations:-

"The Ordinance" means the Companies Ordin-

ance, 1932.

When any provision of the Ordinance is referred to, the reference is to that provision as modified by any statute for the time being in force.

Unless the context otherwise requires, expressions defined in the Ordinance or any statutory modification thereof in force at the date at which these regulations become binding on the company, shall have the meanings st defined.

Shares.

2. Subject to the provisions, if any, in that behalf of the memorandum of association, and without pre- judice to any special rights previously conferred on the holders of existing shares, any share may be issued with such preferred, deferred, or other special rights, or such restrictions, whether in regard to dividend, voting, return of share capital, or otherwise, as the company may from time to time by special resolution determine, and any preference share may, with the sanction of a special resolution, be issued on the terms that it is, or at the option of the com- pany is liable, to be redeemed.

3. If at any time the share capital is divided inte different classes of shares, the rights attached to any class (unless otherwise provided by the terms of issue of the shares of that class) may be varied with

1003

1104

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

1st Schedule. the consent in writing of the holders of three-fourths Table A. of the issued shares of that class, or with the sanction of an extraordinary resolution passed at a separate general meeting of the holders of the shares of the class. To every such separate general meeting the provisions of these regulations relating to general meetings shall mutatis mutandis apply, but so that the necessary quorum shall be two persons at least holding or representing by proxy one-third of the issued shares of the class and that any holder of shares of the class present in person or by proxy may demand a poll.

4. Every person whose name is entered as a member in the register of members shall, without payment, be entitled to a certificate under the seal of the company specifying the share or shares held by him and the amount paid up thereon, provided that in respect of a share or shares held jointly by several persons the company shall not be bound to issue more than one certificate, and delivery of a certificate for a share to one of several joint holders shall be sufficient delivery to all.

5. If a share certificate is defaced, lost, or des- troyed, it may be renewed on payment of such fee, if any, not exceeding one dollar, and on such terms, if any, as to evidence and indemnity, as the directors think fit.

6. No part of the funds of the

company shali directly or indirectly be employed in the purchase of, or in loans upon the security of, the company's. shares, but nothing in this regulation shall prohibit transactions mentioned in the proviso to section 47 (1) of the Ordinance.

Lien.

7. The company shall have a lien on every share (not being a fully paid share) for all moneys (whether presently payable or not) called or payable at a fixed time in respect of that share, and the company shall also have a lien on all shares (other than fully paid shares) standing registered in the name of a single- person for all moneys presently payable by him or his estate to the company; but the directors may at any time declare any share to be wholly or in part exempt from the provisions of this regulation. The company's lien, if any, on a share shall extend to all dividends payable thereon.

8. The company may sell, in such manner as the directors think fit, any shares on which the company has a lien, but no sale shall be made unless some sum in respect of which the lien exists is presently payable, nor until the expiration of fourteen days. after a notice in writing, stating and demanding pay- ment of such part of the amount in respect of which the lien exists as is presently payable, has been given to the registered holder for the time being of the share, or the person entitled thereto by reason of his death or bankruptcy.

9. For giving effect to any such sale the directors may authorise some person to transfer the shares sold to the purchaser thereof. The purchaser shall be registered as the holder of the shares comprised in any such transfer and he shall not be bound to see to the application of the purchase money, nor shall his title to the shares be affected by any irregularity or invalidity in the proceedings in reference to the sale.

10. The proceeds of the sale shall be received by the company and applied in payment of such part of the amount in respect of which the lien exists as is presently payable, and the residue shall (subject to a like lien for sums not presently payable as existed upon the shares prior to the sale) be paid to the person entitled to the shares at the date of the sale.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Calls on Shares.

-contd.

11. The directors may from time to time make calls 1st Schedule. upon the members in respect of any moneys unpaid Table A. on their shares provided that no call shall exceed one-fourth of the nominal amount of the share, or be payable at less than one month from the last call; and each member shall (subject to receiving at least fourteen days' notice specifying the time or times of payment) pay to the company at the time or tines so specified the amount called on his shares.

12. The joint holders of a share shall be jointly and severally liable to pay all calls in respect thereof.

13. If a sum called in respect of a share is not paid before or on the day appointed for payment thereof, the person from whom the sum is due shall pay interest upon the sum at the rate of five dollars per centum per annum from the day appointed for the payment thereof to the time of the actual pay. ment, but the directors shall be at liberty to waive payment of that interest wholly or in part.

14. The provisions of these regulations as to the liability of joint holders and as to payment of interest shall apply in the case of non-payment of any sum which, by the terms of issue of a share, becomes payable at a fixed time, whether on account of the amount of the share, or by way of premium, as if the same had become payable by virtue of a call duly made and notified.

15. The directors may make arrangements on the issue of shares for a difference between the holders in the amount of calls to be paid and in the times of payment.

16, The directors may, if they think fit, receive from any member willing to advance the same all or any part of the moneys uncalled and unpaid upon any shares held by him; and upon all or any of the moneys so advanced may (until the same would, but for such advance, become presently payable) pay interest at such rate (not exceeding, without the sanction of the company in general meeting, six per cent.) as may be agreed upon between the member paying the sum in advance and the directors.

Transfer and Transmission of Shares.

17. The instrument of transfer of any share shall be executed by or on behalf of the transferor and transferee, and the transferor shall be deemed to remain a holder of the share until the name of the transferee is entered in the register of members in respect thereof.

18. Shares shall be transferred

　　　　　　　　　　　the following · form, or in any usual or common form which the directors shall approve:

1105

I, A.B., of

sum of $

in consideration of the

paid to me by C.D. of

(herein-after called "the said transferee")

do hereby transfer to the said transferee the share [or shares] numbered

called the

in the undertaking Company, Limited,

to hold unto the said transferee, subject to the several conditions on which I hold the same: and I, the said transferee, do hereby agree to take the said share [or shares] subject to the conditions aforesaid. As witness our hands the

day of

Witness to the signatures of, &c.

1106 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

1st Schedule. Table A. -contd.

19. The directors may decline to register any transfer of shares, not being fully paid shares, to a person of whom they do not approve, and may also decline to register any transfer of shares on which the company has a lien. The directors may also suspend the registration of transfers during the fourteen days immediately preceding the ordinary general meeting in each year. The directors may decline to recognise any instrument of transfer unless-

(a) a fee not exceeding two dollars is paid to

the company in respect thereof, and

(b) the instrument of transfer is accompanied by the certificate of the shares to which it relates, and such other evidence as the directors may reasonably require to show the right of the transferor to make the transfer. If the directors refuse to register a transfer of any shares, they shall within two months after the date on which the transfer was lodged with the company send to the transferee notice of the refusal.

20. The legal personal representatives of a deceased sole holder of a share shall be the only persons recognised by the company as having any title to the share. In the case of a share registered in the names of two or more holders, the survivors or survivor, or the legal personal representatives of the deceased survivor, shall be the only persons recognised by the company as having any title to the share.

21. Any person becoming entitled to a share in consequence of the death or bankruptcy of a member shall, upon such evidence being produced as may from time to time be properly required by the directors, have the right, either to be registered as a member in respect of the share or, instead of being registered himself, to make such transfer of the share as the deceased or bankrupt person could have made; but the directors shall, in either case, have the same right to decline or suspend registration as they would have had in the case of a transfer of the share by the deceased or bankrupt person before the death or bankruptcy.

22. A person becoming entitled to a share by reason of the death or bankruptcy of the holder shall be entitled to the same dividends and other advantages to which he would be entitled if he were the registered holder of the share, except that he shall not, before being registered as a member in respect of the share, be entitled in respect of it to exercise any right con- ferred by membership in relation to meetings of the company.

Forfeiture of Shares.

23. If a member fails to pay any call or instalment of a call on the day appointed for payment thereof, the directors may, at any time thereafter during such time as any part of such call or instalment remains unpaid, serve a notice on him requiring payment of so much of the call or instalment as is unpaid, together with any interest which may have accrued.

24. The notice shall name a further day (not earlier than the expiration of fourteen days from the date of the notice) on or before which the payment required by the notice is to be made, and shall state that in the event of non-payment at or before the time appointed the shares in respect of which the call was made will be liable to be forfeited.

25. If the requirements of any such notice aforesaid are not complied with, any share in respect of which the notice has been given may at any time thereafter, before the payment required by the notice has been made, be forfeited by a resolution of the directors to that affect.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

26. A forfeited share may be soid or otherwise 1st Schedule. disposed of on such terms and in such manner as Table A. the directors think fit, and at any time before a saie -contd. or disposition the forfeiture may be cancelled on such terms as the directors think fit.

27. A person whose shares have been forfeited shall cease to be a member in respect of the forfeited shares, but shall, notwithstanding, remain liable to pay to the company all moneys which, at the date of forfeiture, were presently payable by him to the company in respect of the shares, but his liability shall cease if and when the company receive payment in full of the nominal amount of the shares.

28. A statutory declaration in writing that the declarant is a director of the company, and that a share in the company has been duly forfeited on a date stated in the declaration, shall be conclusive evidence of the facts therein stated as against all persons claiming to be entitled to the share. The company may receive the consideration, if any, given for the share on any sale or disposition thereof and may execute a transfer of the share in favour of the person to whom the share is sold or disposed of, and he shall thereupon be registered as the holder of the share, and shall not be bound to see to the application of the purchase money, if any, nor shall his title to the share be affected by any irregularity or invalidity in the proceedings in reference to the forfeiture, sale or disposal of the share.

29. The provisions of these regulations as to for- feiture shall apply in the case of non-payment of any sum which, by the terms of issue of a share, becomes payable at a fixed time, whether on account of the amount of the share, or by way of premium, as if the same had been payable by virtue of a call duly made and notified.

Conversion of Shares into Stock.

30. The company may by ordinary resolution con- vert any paid-up shares into stock, and reconvert any stock into paid-up shares of any denomination.

31. The holders of stock may transfer the same, or any part thereof, in the same manner, and subject to the same regulations, as, and subject to which, the shares from which the stock arose might previously to conversion have been transferred, or as near thereto as circumstances admit; but the directors may from time to time fix the minimum amount of stock transferable, and restrict or forbid the transfer of fractions of that minimum, but the minimum shall not exceed the nominal amount of the shares from which the stock arose.

32. The holders of stock shall, according to the amount of the stock held by them, have the same rights, privileges, and advantages as regards dividends, voting at meetings of the company, and other matters as if they held the shares from which the stock arose, but no such privilege or advantage (except participation in the dividends and profits of the company) shall be conferred by any such aliquot part of stock as would not, if existing in shares, have conferred that privilege or advantage.

33. Such of the regulations of the company as are applicable to paid-up shares shall apply to stock, and the words 'share' and "shareholder" therein shall include "stock" and "stockholder.'

Alteration of Capital.

34. The company may from time to time by ordinary resolution increase the share capital by such sum, to be divided into shares of such amount, as the resolution shall prescribe.

1107

1108 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2,

1st Schedule. Table A. -contd.

35. Subject to any direction to the contrary that may be given by the company in general meeting, all new shares shall, before issue, be offered to such persons as at the date of the offer are entitled to receive notices from the company of general meetings in proportion, as nearly as the circumstances admit, to the amount of the existing shares to which they are entitled. The offer shall be made by notice specifying the number of shares offered, and limiting a time within which the offer, if not accepted, will be deemed to be declined, and after the expiration of that time, or on the receipt of an intimation from the person to whom the offer is made that he declines to accept the shares offered, the directors may dispose of those shares in such manner as they think most beneficial to the company. The directors may like- wise so dispose of any new shares which (by reason of the ratio which the new shares bear to shares held by persons entitled to an offer of new shares) cannot, in the opinion of the directors, be conveniently offered under this article.

36. The new shares shall be subject to the same provisions with reference to the payment of calls, lien, transfer, transmission, forfeiture, and otherwise as the shares in the original share capital.

37. The company may by ordinary resolution-

(a) Consolidate and divide all or any of its share capital into shares of larger amount than its existing shares;

(b) Sub-divide its existing shares, or any of them, into shares of smaller amount than is fixed by the memorandum of association subject, nevertheless, to the provisions of section 52 (1) (d) of the Ordinance;

(c) Cancel any shares which, at the date of the passing of the resolution, have not been taken or agreed to be taken by any person.

38. The company may by special resolution reduce its share capital and any capital redemption reserve fund in any manner and with, and subject to, any incident authorised, and consent required, by law.

General Meetings.

39. A general meeting shall be held once in every calendar year at such time (not being more. than fifteen months after the holding of the last preceding general meeting) and place as may be prescribed by the company in general meeting, or, in default, at such time in the third month following that in which the anniversary of the company's incorporation occurs, and at such place, as the directors shall appoint. In default of a general meeting being so hold, a general meeting shall be held in the month next following, and may be convened by any two members in the same manner as nearly as possible as that in which meetings are to be convened by the directors.

40. The above-mentioned general meetings shall be called ordinary general meetings; all other general meetings shall be called extraordinary general meetings.

41. The directors may, whenever they think fit, convene an extraordinary general meeting, and extraordinary general meetings shall also be convened on such requisition, or, in default may be convened by such requisitionists, as provided by section 113 of the Ordinance. If at any time there are not within the Colony sufficient directors capable of acting to form a quorum, any director or any two members of

1932.

་

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932. 1109

the company may convene an extraordinary general 1st Schedule. meeting in the same manner as nearly as possible Table A. as that in which meetings may be convened by the directors.

Notice of General Meetings.

42. Subject to the provisions of section 116 (2) of the Ordinance relating to special resolutions, seven days' notice at the least (exclusive of the day on which the notice is served or deemed to be served, but inclusive of the day for which notice is given) specifying the place, the day, and the hour of meet- ing and, in case of special business, the general nature of that business shall be given in manner hereinafter mentioned, or in such other manner, if any, as may be prescribed by the company in general meeting, to such persons as are, under the regula tions of the company, entitled to receive such notices from the company; but, with the consent of all the members entitled to receive notice of some particular meeting, that meeting may be convened by such shorter notice and in such manner as those members may think fit.

43. The accidental omission to give notice of a meeting to, or the non-receipt of notice of a meeting by, any member shall not invalidate the proceedings at any meeting.

Proceedings at General Meetings.

44. All business shall be deemed special that is transacted at an extraordinary meeting, and all that ig transacted at an ordinary meeting, with the exception of sanctioning a dividend, the consideration of the accounts, balance sheets, and the ordinary report of the directors and auditors, the election of directors and other officers in the place of those retir- ing by rotation, and the fixing of the remuneration of the auditors.

45. No business shall be transacted at any general meeting unless a quorum of members is present at the time when the meeting proceeds to business; save as herein otherwise provided, three members person- ally present shall be a quorum.

46. If within half an hour from the time appointed for the meeting a quorum is not present, the meeting, if convened upon the requisition of members, shall be dissolved; in any other case it shall stand ad- journed to the same day in the next week, at the same time and place, and, if at the adjourned meeting a quorum is not present within half an hour from the time appointed for the meeting, the members present shall be a quorum.

47. The chairman, if any, of the board of directors shall preside as chairman at every general meeting of the company.

48. If there is no such chairman, or if at any meeting he is not present within fifteen minutes. after the time appointed for holding the meeting or is unwilling to act as chairman, the members present shall choose some one of their number to be chairman.

49. The chairman may, with the consent of any meeting at which a quorum is present (and shall if so directed by the meeting), adjourn the meeting from time to time and from place to place, but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place. When a meeting is adjourned for ten days or more, notice of the adjourned meeting shall be given as in the case of an original meeting. Save as aforesaid it shall not be necessary to give any notice of an adjournment or of the business to be transacted at an adjourned

meeting.

-contd.

1110 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

1st Schedule. Table A. -contd.

50. At any general meeting a resolution put to the vote of the meeting shall be decided on a show of hands, unless a poll is (before or on the declaration of the result of the show of hands) demanded by at least three members present in person or by proxy entitled to vote or by one member or two members so present and entitled, if that member or those two members together hold not less than 15 per cent. of the paid up capital of the company, and, unless a poll is so demanded, a declaration by the chairman that a resolution has, on a show of hands, been carried, or carried unanimously, or by a particular majority, or lost, and an entry to that effect in the book of the proceedings of the company, shall be conclusive evidence of the fact, without proof of the number or proportion of the votes recorded in favour of, or against, that resolution.

51. If a poll is duly demanded it shall be taken in such manner as the chairman directs, and the result of the poll shall be deemed to be the resolution of the meeting at which the poll was demanded.

52. In the case of an equality of votes, whether on a show of hands or on a poll, the chairman of the meeting at which the show of hands takes place or at which the poll is demanded, shall be entitled to a second or casting vote.

53. A poll demanded on the election of a chairman or on a question of adjournment shall be taken forthwith. A poll demanded on any other question shall be taken at such time as the chairman of the meeting directs.

Votes of Members.

54. On a show of hands every member present in person shall have one vote. On a poll every member shall have one vote for each share of which he is the holder.

55. In the case of joint holders the vote of the senior who tenders a vote, whether in person or by proxy, shall be accepted to the exclusion of the votes of the other joint holders; and for this purpose seniority shall be determined by the order in which the names stand in the register of members.

56. A member of unsound mind, or in respect of whom an order has been made by any court having jurisdiction in lunacy, may vote, whether on a show of hands or on a poll, by his committee, curator bonis, or other person in the nature of а committee or curator bonis appointed by that court, and any such committee, curator bonis, or other person may, on a poll, vote by proxy.

57. No member shall be entitled to vote at any general meeting unless all calls or other sums presently payable by him in respect of shares in the company have been paid.

58. On a poll votes may be given either personally or by proxy.

59. The instrument appointing a proxy shall be in writing under the hand of the appointor or of his attorney duly authorised in writing, or, if the appointor is a corporation, either under seal, or under the hand of an officer or attorney duly authorised. A proxy need not be a member of the

company.

60. The instrument appointing a proxy and the power of attorney or other authority, if any, under which it is signed or a notarially certified copy of that power or authority shall be deposited at the

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932. 1111

registered office of the company not less than forty- 1st Schedule. eight hours before the time for holding the meeting Table A. or adjourned meeting, at which the person named in -contd. the instrument proposes to vote, and in default the instrument of proxy shall not be treated as valid.

61. An instrument appointing a proxy may be in the following form, or any other form which the directors shall approve:

"I.

of the

hereby appoint

Company, Limited.

›

being a member Company, Limited,

as my proxy, to vote for me and on my behalf at the [ordinary or extraordinary, as the case may be] general meeting of the company to be held on the

day of

adjournment thereof."

Signed this

and at any

day of

62. The instrument appointing a proxy shall be deemed to confer authority to demand or join in demanding a poll.

Corporations acting by Representatives at Meetings.

63. Any corporation which is a member of the company may by resolution of its directors or other governing body authorise such person as it thinks fit to act as its representative at any meeting of the company or of any class of members of the company. and the person so authorised shall be entitled to exercise the same powers on behalf of the corporation which he represents as that corporation could exercise if it were an individual member of the company.

Directors.

64. The number of the directors and the names of the first directors shall be determined in writing by a majority of the subscribers of the memorandum of association.

65. The remuneration of the directors shall from time to time be determined by the company general meeting.

66. The qualification of a director shall be the holding of at least one share in the company.

Powers and Duties of Directors.

67. The business of the company shall be managed by the directors, who may pay all expenses incurred in getting up and registering the company, and may exercise all such powers of the company, as are not, by the Ordinance, or by these articles, required to be exercised by the company in general meeting, subject, nevertheless, to any regulation of these articles, to the provisions of the Ordinance, and to such regulations, being not inconsistent with the aforesaid regulations or provisions, as may be prescrib- ed by the company in general meeting; but no regulation made by the company in general meeting shail invalidate any prior act of the directors which would have been valid if that regulation had not been made.

68. The directors may from time to time appoint one or more of their body to the office of managing director or manager for such terin and at such remuneration (whether by way of salary, or com- mission, o" participation in profits, or partly in one

1112 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

1st Schedule. way and partly in another) as they may think fit,

Table A. -contd.

and a director so appointed shall not, while holding that office, be subject to retirement by rotation, or taken into account in determining the rotation or retirement of directors; but his appointment shal! be subject to determination ipso facto if he ceases from any cause to be a director, or if the company in general meeting resolve that his tenure of the office of managing director or manager be determined.

69. The amount for the time being remaining undischarged of moneys borrowed or raised by the directors for the purposes of the company (otherwise than by the issue of share capital) shall not at any time exceed the issued share capital of the company without the sanction of the company in general meeting.

70. The directors shall cause minutes to be made in books provided for the purpose-

(a) Of all appointments of officers made by the

directors:

(b) Of the names of the directors present at each meeting of the directors and of any committee of the directors;

(c) Of all resolutions and proceedings at all meetings of the company, and of the directors, and of ccmmittees of directors: and every director present at any meeting of directors or committee of directors shall sign his name in a book to be kept for that purpose.

The Seal.

71. The seal of the company shall not be affixed to any instrument except by the authority of a resolu- tion of the board of directors, and in the presence of a director and of the secretary or such other person as the directors may appoint for the purpose; and that director and the secretary or other person as aforesaid shall sign every instrument to which the seal of the company is so affixed in their presence.

Disqualification of Directors.

72. The office of director shall be vacated, if the director--

(a) ceases to be a director by virtue of section

140 of the Ordinance; or

(b) without the consent of the company in general meeting holds any other office of profit under the company except that of managing director or manager; or

(d) becomes prohibited from being a director by reason of any order made under sections 209 or 261 of the Ordinance; or

(e) is found lunatic or becomes of unsound

mind; or

(f) resigns his office by notice in writing to the

company; or

(g) is directly or indirectly interested in any contract with the company or participates in the profits of any contract with the company.

Provided, however, that a director shall not vacate his office by reason of his being a member of any corporation which has entered into contracts with or done any work for the company if he shall have declared the nature of his interest in manner required by section 148 of the Ordinance, but the director shall not vote in respect of any such contract or work or any matter arising thereout, and if he does so vote his vote shall not be counted.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932. 1113

Rotation of Directors.

73. At the first ordinary general meeting of the 1st Schedule. company the whole of the directors shali retire from Table A --contd. office, and at the ordinary general meeting in every subsequent year one-third of the directors for the time being, or, if their number is not three or a multiple of three, then the number nearest one-third, shall retire from office.

74. The directors to retire in every year shall be those who have been longest in office since their last election but as between persons who became directors on the same day those to retire shall (unless they otherwise agree among themselves) be determined by lot.

75. A retiring director shall be eligible for re- election.

76. The company at the general meeting at which a director retires in manner aforesaid may fill up the vacated office by electing a person thereto and in default the retiring director shall be deemed to have been re-elected unless at such meeting it is resolved not to fill up such vacated office.

77. The company may from time to time in general meeting increase or reduce the number of directors, and may also determine in what rotation the increased or reduced number is to go out of office.

78. Any casual vacancy occurring in the board of directors may be filled up by the directors, but the person so chosen shall be subject to retirement at the same time as if he had become a director on the day on which the director in whose place he is appointed was last elected a director.

79. The directors shall have power at any time, and from time to time, to appoint a person as an additional director who shall retire from office at the next following ordinary general meeting, but shall be eligible for election by the company at that meet- ing as an additional director.

80. The company may by extraordinary resolution remove any director before the expiration of his period of office, and may by an ordinary resolution appoint another person in his stead. The person so appointed. shall be subject to retirement at the same time as if he had become a director on the day on which the director in whose place he is appointed was last elected a director.

Proceedings of Directors.

81. The directors may meet together for the despatch of business, adjourn, and otherwise regulate their meetings, as they think it. Questions arising at any meeting shall be decided by a majority of votes. In case of an equality of votes the chairman shall have a second or casting vote.

A director may, and the secretary on the requisition of a director shall, at any time summon a meeting of the directors.

82. The quorum necessary for the transaction of the business of the directors may be fixed by the directors, and unless so fixed shall when the number of directors exceeds three be three, and when the number of directors does not exceed three, be two.

63. The continuing directors may act notwith- standing any vacancy in their body, but, if and so long as their number is reduced below the number

1114

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Table A. --contd.

1st Schedule. fixed by or pursuant to the regulations of the com- pany as the necessary quorum of directors, the con- tinuing directors may act for the purpose of increas ing the number of directors to that number, or of summoning a general meeting of the company, but for no other purpose.

84. The directors may elect a chairman of their ineetings and determine the period for which he is to hold office; but if no such chairman is elected, or if at any meeting the chairman is not present within five minutes after the

the time appointed for holding the same, the directors present may choose one of their number to be chairman of the meeting.

85. The directors may delegate any of their powers to committees consisting of such member or members of their body as they think fit; any committee so formed shall in the exercise of the powers 80 delegated conform to any regulations that may be imposed on it by the directors.

86. A committee may elect a chairman of its meetings; if no such chairman is elected, or if at any meeting the chairman is not present within five minutes after the time appointed for holding the same, the members present may choose one of their number to be chairman of the meeting.

87. A committee may meet and adjourn as it thinks proper. Questions arising at any meeting shall be determined by a majority of votes of the members present, and in case of an equality of votes the chairman shall have a second cr casting vote.

88. All acts done by any meeting of the directors or of a committee of directors, or by any person acting as a director, shall, notwithstanding that it be afterwards discovered that there was some defect in the appointment of any such director Or person acting as aforesaid, or that they or any of them were disqualified, be as valid as if every such person had been duly appointed and was qualified to be રી director.

Dividends and Reserve.

89. The company in general meeting may declare dividends, but no dividend shall exceed the amount recommended by the directors.

90. The directors may from time to time pay to the members such interim dividends as appear to the directors to be justified by the profits of the company.

91. No dividend shall be paid otherwise than out of profits.

92. Subject to the rights of persons, if any, entitled to shares with special rights as to dividends, all dividends shall be declared and paid according to the amounts paid on the shares, but if and so long as nothing is paid up on any of the shares in the com- pany dividends may be declared and paid according to the amounts of the shares. No amount paid on a share in advance of calls shall, while carrying interest, be treated for the purposes of this article as paid on the share.

as a reserve or

93. The directors may, before recommending any dividend, set aside cut of the profits of the company such sums as they think proper reserves which shall, at the discretion of the directors, be applicable for meeting contingencies, or for equalising dividends, or for any other purpose to which the profits of the company raay be properly applied, and pending such application may, at the like discretion, either be employed in the business of the company or be invested in such investments (other than shares of the company) as the directors may from time to time think fit.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

94. If several persons are registered as joint holders 1st Schedule. of any share, any one of them may give effectual Table A. receipts for any dividend or other moneys payable on-contd. or in respect of the share.

95. Any dividend may be paid by cheque or war- rant sent through the post to the registered address of the member or person entitled thereto or in the case of joint holders to any one of such joint holders at his registered address or to such person and such address as the member or person entitled or such joint holders as the case may be may direct. Every such cheque or warrant shall be made payable to the order of the person to whom it is sent or to the order of such other person as the member or person entitled or such joint holders as the case may be may direct.

96. No dividend shall bear interest against the company.

97. The directors shall cause proper books of account to be kept with respect to--

All sums of money received and expended by the company and the matters in respect of which the receipt and expenditure takes place;

All sales and purchases of goods by the com- pany; and

The assets and liabilities of the company.

98. The books of account shall be kept at the registered office of the company, or at such other place or places as the directors think fit, and shall always be open to the inspection of the directors.

99. The directors shall from time to time determine whether and to what extent and at what times and places and under what conditions or regulations the accounts and books of the company or any of them shall be open to the inspection of members not being directors, and no member (not being a director) shall have any right of inspecting any account or book or document of the company except as con- ferred by statute or authorised by the directors or by the company in general meeting.

100. The directors shall from time to time in accordance with section 122 of the Ordinance, cause to be prepared and to be laid before the company in general meeting such profit and loss accounts, balance sheets and reports as are referred to in that section.

101. A copy of every balance sheet (including every document required by law to be

　　　　　　　　　to be annexed thereto) which is to be laid before the company in general meeting together with a copy of the Auditors' report shall not less than seven days before the date of the meeting be sent to all persons entitled to receive notices of general meetings of the company.

Audit.

102. Auditors shall be appointed and their duties regulated in accordance with sections 131, 132 and 133 of the Ordinance.

Notices.

103. A notice may be given by the company to any member either personally or by seading it by post to him to his registered address, or (if he has no registered address within the Colony) to the address, if any, within the Colony supplied by him to the company for the giving of notices to him.

Where a notice is sent by post, service of the notice shall be deemed to be effected by properly

1115

1116

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Table A. -contd.

1st Schedule. addressing, prepaying, and posting a letter contain- ing the notice, and to have been effected in the case of a notice of a meeting at the expiration of 24 hours after the letter containing the same is posted, and in any other case at the time at which the letter would be delivered in the ordinary course of post.

104. If a member has no registered address within the Colony and has not supplied to the company an address within the Colony for the giving of notices to him, a notice addressed to him and advertised in the Gazette, shall be deemed to be duly given to him at noon on the day on which the advertisement

appears.

105. A notice may be given by the company the joint holders of a share by giving the notice to the joint holder named first in the register of members in respect of the share.

106. A notice may be given by the company to the persons entitled to a share in consequence of the death or bankruptcy of a member by sending it through the post in a prepaid letter addressed to them by name, or by the title of representatives of the deceased, or trustee of the bankrupt, or by any like description, at the address, if any, within the Colony supplied for the purpose by the persons claiming to be so entitled, or (until such an address has been so supplied) by giving the notice in any manner in which the same might have been given if the death or bankruptcy had not occurred.

107. Notice of every general meeting shall be given in some manner hereinbefore authorised (a) every member except those members who (having no registered address within the Colony) have not supplied to the company an address within the Colony for the giving of notices to them, and also to (b) every person entitled to a share in consequence of the death or bankruptcy of a member, who, but for his death or bankruptcy, would be entitled to receive notice of the meeting. No other persons shall be entitled to receive notices of general meetings.

Sections 13

and 347.

TABLE B.

FORM OF MEMORANDUM OF ASSOCIATION OF A COMPANY LIMITED BY SHARES.

1st. The name of the company is "The Eastern Steam Packet Company, Limited."

2nd. The registered office of the company will be situate in Hong Kong.

3rd. The objects for which the company is estab- lished are,

"the conveyance of passengers and goods in "ships or boats between such places as the "company may from time to time determine, "and the doing all such other things as are "incidental or conducive to the attainment "of the above object."

4th. The liability of the members is limited.

5th. The share capital of the company is two hundred thousand dollars divided into one thousand shares of two hundred dollars each.

WE, the several persons whose names and addresses are subscribed, are desirous of being formed into a company, in pursuance of this memorandum of association, and we respectively agree to take the number of shares in the capital of the com- pany set opposite our respective names.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Names, Addresses, and Descriptions of Subscribers.

Number of 1st Schedule. shares taken Table B.

by each Subscriber.

-contd.

1117

"1. John Jones of

"2. John Smith of "3. Thomas Green of "4. John Thompson of "5. Caleb White of "6. Andrew Brown of "7. Caesar White of

merchant 200

Total shares taken 325"

Dated the

day of

Witness to the above signatures,

A.B., No. 13, Chater Road, Victoria,

Hong Kong.

TABLE C

FORM OF MEMORANDUM AND ARTICLES OF ASSOCIATION OF A COMPANY LIMITED BY GUARANTEE, AND NOT HAVING A SHARE CAPItal.

Memorandum of Association.

1st. The name of the company is "The Kent School Association, Limited."

2nd. The registered office of the company will be situate in Hong Kong.

3rd. The objects for which the company is estab- lished are the carrying on a school for boys in the Colony and the doing all such other things as are incidental or conducive to the attainment of the above abject.

4th. The liability of the members is limited.

5th. Every member of the company undertakes to contribute to the assets of the company in the event of its being wound up while he is a member, or within one year afterwards, for payment of the debts and liabilities of the company contracted before he ceases to be a member, and the costs charges and expenses of winding up, and for the adjustment of the rights of the contributories among themselves, such amount as may be required not exceeding one hundred dollars.

WE, the several persons whose names and addresses are subscribed, are desirous et being formed into a company, in pursuance of this memorandum of association.

Names, Addresses, and Descriptions of Subscribers.

"1. John Jones of

"2. John Smith of

"3. Thomas Green of

"4. John Thompson of

"5. Caleb White of

"6. Andrew Brown of

7. Cæsar White of

schoolmaster.

Sections 13 and 347.

Dated the

day of

Witness to the above signatures,

A.B., No. 13, Chater Road, Victoria,

Hong Kong.

1118

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

1st Schedule. Table C. -contd.

ARTICLES OF ASSOCIATION TO ACCOMPANY PRECEDING MEMORANDUM OF ASSOCIATION.

Preliminary.

1. In these regulations :-

The Ordinance means the Companies Ordinance,

1932.

When any provision of the Ordinance is referred to the reference is such provision as modified by any Ordinance for the time being in force.

Unless the context otherwise requires, expressions defined in the Ordinance or any statutory modification thereof in force at the date at

which these regulations become binding on the company, shall have the meanings o defined.

Members.

2. The number of members with which the com- pany proposes to be registered is 500, but the directors may from time to time register an increase of members.

3. The subscribers to the memorandum of association and such other persons as the directors shall admit to membership shall be members of the company.

General Meetings.

4. The first general meeting shali be held at such time, not being less than one month nor inore than three months after the incorporation of the company, and at such place, as the directors may determine.

5. A general meeting shall be held once in every calendar year at such time (not being more than fifteen months after the holding of the last preceding geuerai meeting) and place as may be prescribed by the company in general meeting, or, in default, at such time in the third month following that in which the anniversary of the

the company's incorporation occurs, and at such place as the directors shall appoint. In default of a general meeting being so held, a general meeting shall be held in the month next following, and may be convened by any two members in the same manner as nearly as possible as that in which meetings are to be convened by the directors.

6. The above-mentioned generai meetings shall he called ordinary general meetings; all other general. meetings shall be called extraordinary general meetings.

7. The directors may, whenever they think fit, convene an extraordinary general meeting, and extra- ordinary general meetings shall also be convened on such requisition, or, in default, may be convened by such requisitionists, as provided by section 113 of the Ordinance. If at any time there are not within the Colony sufficient directors capable of acting to form a quorum, any director or any two members of the company may convene an extraordinary general meeting in the saine manner as nearly as possible as that in which meetings may be convened by the directors.

Notice of General Meetings.

8. Subject to the provisions of section 116 (2) of the Ordinance relating to special resolutions, seven days' notice at the least (exclusive of the day on which the notice is served or deemed to be served, but inclusive of the day for which notice is given) specifying the place, the day, and the hour of meet- ing and, in case of special business, the

the general

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

nature of that business shall be given in manner 1st Schedule. hereinafter mentioned, or in such other manner, if Table C. any, as may be prescribed by the company in general contd. mecting, to such persons as are, under the regulations of the company, entitled to receive such notices from the company; but, with the consent of all the members entitled to receive notice of sonie particular mecting, that meeting may be convened by such shorter notice and in such manner as thosc members may think fit.

9. The accidental omission to give notice of meeting to, or the non-receipt of notice of a meeting by, any member shall not invalidate the proceedings at any meeting.

Proceedings at General Meetings.

10. All business shall be deemed special that is transacted at an extraordinary meeting, and all that is transacted at an ordinary meeting, with the exception of the consideration of the accounts, balance sheets, and the ordinary report of the directors and auditors, the election of directors and other officers in the place of those retiring by rotation, and the fixing of the remuneration of the auditors.

11. No business shall be transacted at any general mecting unless a quorum of members is present at the time when the meeting proceeds to business; as herein otherwise provided, three members personally present shall be a quorum.

save

12. If within half an hour from the time appointed for the meeting a quorum is not present, the meeting, if convened upon the requisition of members, shall be dissolved; in any other case it shall stand adjourned to the same day in the next week, at the same time and place, and if at the adjourned meeting a quorum is not present within half an hour from the time appointed for the meeting the members present shall be a quorum,

13. The chairman, if any, of the board of directors shall preside as chairman at every general meeting of the company.

14. If there is no such chairman, or if at any meeting he is not present within fifteen minutes after the time appointed for holding the meeting or is unwilling to act as chairman, the members present shall choose some one of their number to be chairman.

15. The chairman may, with the consent of any meeting at which a quorum is present (and shall if so directed by the meeting), adjourn the meeting from time to time and from place to place, but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place. When a meeting is adjourned for ten days or more, notice of the adjourned meeting shall be given as in the case of an original meeting. Save as aforesaid it shall not be necessary to give any notice of an adjournment or of the business to be transacted at an adjourned meeting.

16. At any general meeting a resolution put to the vote of the meeting shall be decided on a show of hands, unless a poll is (before or on the declaration of the result of the show of hands) demanded by at jeast two members present in person or by proxy entitled to vote and, unless a poll is so demanded, declaration by the chairman that a resolution has, on a show of hands, been carried, or carried unanimous- ly, or by a particular majority, or lost, and an

1119

1120 THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

1st Schedule. entry to that effect in the book of the proccedings of

Table C. -contd.

the company, shall be conclusive evidencs of the fact, without proof of the number or proportion of the votes recorded in favour of, or against, that resolution.

17. If a poll is duly demanded it shall be taken in such manner as the chairman directs, and the result of the poll shall be deemed to be the resolution of the meeting at which the poll was demanded.

18. In the case of an equality of votes, whether en a show of hands or on a poll, the chairman of the meeting, at which the show of hands takes place or at which the poll is demanded, shall be entitled to a second or casting vote.

19. A poll demanded on the election of a chairman, or on a question of adjournment, shall be taken forthwith. A poll demanded on any other question shall be taken at such time as the chairman of the mecting directs.

Votes of Members.

20. Every member shall have one vote.

21. A member of unsound mind, or in respect of whom an order has been made by any court having jurisdiction in lunacy, may vote, whether on a show of hands or on a poll, by his committee, curator bonis, or other person in the nature of a committee or curator bonis appointed by that court, and any such committee, curator bonis, or other person may, on a poll, vote by proxy.

22. No member shall be entitled to vote at any general meeting unless all moneys presently payable by him to the company have been paid.

23. On a pail votes may be given either personally or by proxy.

24. The instrument appointing a proxy shall be in writing under the hand of the appointor or of his attorney duly authorised in writing, or, if the appointor is a corporation, either under the seal or under the hand of an officer or attorney so authorised. A proxy need not be a member of the company.

25. The instrument appointing a proxy and the power of attorney or other authority, if any, under which it is signed or a notarially certified copy of that power or authority shall be deposited at the registered office of the company not less than forty. eight hours before the time for holding the meeting or adjourned meeting at which the person named in the instrument proposes to vote, and in default the instrument of proxy shall not be treated as valid.

26. An instrument appointing a proxy may be in the following form, or any other form which the directors shall approve:-

being a member of the

Limited, hereby appoint

Company, Limited.

Company,

as my proxy ta vote for me and

on my behalf at the [ordinary or extraordinary, as the case may be] general meeting of the company to be held on the

day of

adjournment thereof."

Signed this

and at any

day of

27. The instrument appointing a proxy shall be deemed to confer authority to demand or join in demanding a poll.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932. 1121

Corporations acting by Representatives at Meetings. 1st Schedule.

28. Any corporation which is a member of the company may by resolution of its directors or other governing body authorise such person as it thinks fit to act as its representative at any meeting of the company and the person SO authorised shall be entitled to exercise the same powers on behalf of the corporation which he represents as that corporation could exercise if it were an individual member of the

company.

Table C.

contd.

Directors.

29. The number of directors and the names of the first directors shall be determined in writing by a majority of the subscribers to the memorandum.

30. The remuneration of the directors shall from time to time be determined by the company general meeting.

Powers and Duties of Directors.

31. The business of the company shall be managed by the directors, who may pay all expenses incurred in getting up and registering the company, and may exercise all such powers of the company as are not by the Ordinance, or by these articles, required to be exercised by the company in general meeting, subject nevertheless to any regulation of these articles, to the provisions of the Ordinance, and to such regulations, being not inconsistent with the aforesaid regulations or provisions, as may be prescribed by the company in general meeting; but no regulation made by the company in general meeting shall invalidate any prior act of the directors which would have been vaild if that regulation had not been made.

32. The directors shall cause minutes to be made in books provided for the purpose-

(a) of all appointments of officers made by the

directors;

(b) of the names of the directors present at each meeting of the directors and of any com- mittee of the directors;

(c) of all resolutions and proceedings at all meetings of the company, and of the directors, and of committees of directors; and every director present at any meeting of directors or committee of directors shall sign his name in a book to be kept for that purpose.

The Seal.

33. The seal of the company shall not be affixed to any instrument except by the authority of a resolution of the board of directors, and in the presence of a director and of the secretary or such other person as the directors may appoint for the purpose; and that director and the secretary or other person as aforesaid shall sign every instrument to which the seal of the company is so affixed in their presence.

Disqualifications of Directors.

34. The office of director shall be vacated, if the director-

(a) without the consent of the company

general meeting holds any other office of profit under the company; or

(b) becomes bankrupt; or

(d) is found lunatic or becomes of unsound

mind; or

1122 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

1st Schedule. Table C. -contd.

(e) resigns his office by notice in writing to the

company;

(f) is directly or indirectly interested in any contract with the company and fails to declare the nature of his interest in manner required by section 148 of the Ordinance.

A director shall not vote in respect of any contract in which he is interested or any matter arising thereout, and if he does so vote his vote shall not be counted.

Rotation of Directors.

35. At the first ordinary general meeting of the company the whole of the directors shall retire from office, and at the ordinary general meeting in every subsequent year one-third of the directors for the time being, or, if their number is not three or a multiple of three, then the number nearest one-third, shall retire from office.

36. The directors to retire in every year shall be those who have been longest in office since their last election but as between persons who became directors on the same day those to retire shall (unless they otherwise agree among themselves) be determined by lot.

37. A retiring director shall be eligible for election.

re-

38. The company at the general meeting at which a director retires in manner aforesaid may fill up the vacated office by electing a person thereto and in default the retiring director shall be deemed to have been re-elected unless at such meeting it is resolved not to fill up such vacated office.

39. The company may from time to time in general meeting increase or reduce the number of directors, and may also determine in what rotation the increas- ed or reduced number is to go out of office.

40. Any casual vacancy occurring in the board of directors may be filled up by the directors but the person so chosen shall be subject to retirement at the same time as if he had become a director on the day on which the director in whose place he is appointed was last elected a director.

41. The directors shall have power at any time, and from time to time, to appoint a person as an additional director who shall retire from office at the next following ordinary general meeting, but shall be eligible for election by the company at that meeting as an additional director.

42. The company may by extraordinary resolution remove any director before the expiration of his period of office, and may by an ordinary resolution appoint another person in his stead. The person so appointed shall be subject to retirement at the same time as if he had become a director on the day on which the director in whose place he is appointed was last elected a director.

Proceedings of Directors.

the

43. The directors may meet together for despatch of business, adjourn, and otherwise regulate their meetings, as they think fit. Questions arising at any meeting shall be decided by a majority of votes. In case of an equality of votes the chairman shall have a second or casting vote.

A director may, and the secretary on the requisition of a director shall, at any time summon a meeting of the directors.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

-contd.

44. The quorum necessary for the transaction of 1st Schedule. the business of the directors may be fixed by the Table C. directors, and unless so fixed shall, when the number of directors exceed three, be three and shall, when the number of directors does not exceed three, be two.

45. The continuing directors may act notwithstand- ing any vacancy in their body, but, if and so long as their number is reduced below the number fixed by or pursuant to the regulations of the company as the necessary quorum of directors, the continuing directors may act for the purpose of increasing the number of directors to that number, or of summon- ing a general meeting of the company, but for no other purpose.

46. The directors may elect a chairman of their meetings and determine the period for which he s to bold office; but, if no such chairman is elected, or if at any meeting the chairman is not present within five minutes after the time appointed for holding the same, the directors present may choose one of their number to be chairman of the meeting.

47. The directors may delegate any of their powers to committees consisting of such member or members of their body as they think fit; any committee so formed shall, in the exercise of the powers SO delegated, conform to any regulations that may be imposed on them by the directors.

48. A committee may elect a chairman of its meetings; if no such chairman is elected, or if at any meeting the chairman is not present within five minutes after the time appointed for holding the same, the members present may choose one of their number to be chairman of the meeting.

49. A committee may meet and adjourn as it thinks proper. Questions arising at any meeting shall be determined by a majority of votes of the members present, and in case of an equality of votes the chairman shall have a second or casting vote.

50. All acts done by any meeting of the directors or of a committee of directors, or by any person acting as a director, shall, notwithstanding that it be afterwards discovered that there was some defect in the appointment of any such directors or persons acting as aforesaid, or that they or any of them were disqualified, be as valid as if every such person had been duly appointed and was qualified to be a director.

1123

Accounts.

51. The directors shall cause proper books of account to be kept with respect to-

All sums of money received and expended by the company and the matter in respect of which the receipt and expenditure takes place; All sales and purchases of goods by the company;

and

The assets and liabilities of the company.

52. The books of account shall be kept at the registered office of the company, or at such other place or places as the directors think fit, and shall always be open to the inspection of the directors.

53. The directors shall from time to time deter- mine whether and to what extent and at what times and places and under what conditions or regulations the accounts and books of the company or any of them shall be open to the inspection of

　　　　　　　　　　　　　of members not being directors, and no member (not being a

1124

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

Table C. -contd.

1st Schedule, director) shall have any right of inspecting any account or book or document of the company except as conferred by statute or authorised by the directors or by the company in general meeting.

54. The directors shall from time to time in accordance with section 122 of the Ordinance, cause to be prepared and to be laid before the com- pany in general meeting such profit and loss accounts. balance sheets and reports as are referred to in that section.

55. A copy of every balance sheet (including every document required by law to be annexed thereto) which is to be laid before the company in general meeting together with a copy of the auditor's report shall not less than seven days before the date of the meeting be sent to all persons entitled to receive notices of general meetings of the Company.

Audit.

56. Auditors shall be appointed and their duties regulated in accordance with sections 131, 132 and 133 of the Ordinance.

Notices.

57. A notice may be given by the company to any member either personally or by sending it by post to him to his registered address, or (if he has no regis- tered address within the Colony) to the address, if any, within the Colony supplied by him to the company for the giving of notices to him.

Where a notice is sent by post, service of the notice shall be deemed to be effected by properly addressing, prepaying, and posting a letter contain- ing the notice, and to have been effected at the expiration of 24 hours after the letter containing the same was posted.

58. If a member has no registered address within the Colony and has not supplied to the company an address within the Colony for the giving of notices. to him, a notice addressed to him and advertised in the Gazette, shall be deemed to be duly given to him on the day on which the advertisement appears.

59. Notice of every general meeting shall be given in some manner hereinbefore authorised

every member except those members who (having no registered address within the Colony) have not sup- plied to the company an address within the Colony for the giving of notices to them. No other persons shall be entitled to receive notices of general meet- ings.

Names, Addresses and Descriptions of Subscribers.

schoolmaster.

"1. John Jones of

"2. John Smith of

"3. Thomas Green of "4. John Thompson of "5. Caleb White of

"6. Andrew Brown of

"7. Cæsar White of

Dated the

day of

Witness to the above signatures.

A.B., No. 13, Chater Road, Hong Kong...

HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

1125

TABLE D.

MEMORANDUM AND ARTICLES OF ASSOCIATION OF A COMPANY LIMITED BY GUARANTEE, AND

HAVING A SHARE CAPITAL.

Memorandum of Association.

1st. The name of the company is "The Highland Hotel Company, Limited".

2nd. The registered office of the company will be situate in Hong Kong.

3rd. The objects for which the company is estab- lished are "the facilitating of travel in the Colony "by providing hotels and conveyances by sea and "by land for the accommodation of travellers, and "the doing all such other things as are incidental or "conducive to the attainment of the above object."

4th. The liability of the members is limited.

5th. Every member of the company undertakes to contribute to the assets of the company in the event of its being wound up while he is a member, or within one year afterwards, for payment of the debts and liabilities of the company, contracted before he ceases to be a member, and the costs, charges and expenses of winding up the same and for the adjustment of the rights of the contributories amongst themselves, such amount as may be required, not exceeding two hundred dollars.

6th. The share capital of the company shall consist of five hundred thousand dollars, divided into five thousand shares of one hundred dollars each.

Names, Addresses, and Descriptions

of Subscribers.

"1. John Jones of

"2. John Smith of

"3. Thomas Green of

"4. John Thompson of "5. Caleb White of

"6. Andrew Brown of 7. Cæsar White of

Number of Shares taken by each Subscriber.

merchant 200

Total shares taken 235"

Sections 13 and 347.

Dated the

day of

Witness to the above signatures,

A.B., No. 13, Chater Road, Hong Kong.

ARTICLES OF ASSOCIATION TO ACCOMPANY PRECEDING MEMORANDUM OF ASSOCIATION.

1. The Articles of Table A set out in the First Schedule to the Companies, Ordinance, 1932, shall be the articles of association of the company and apply to the company.

1126

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2,

1st Schedule. Names, Addresses, and Descriptions of Subscribers.

Table D. -contd.

"1. John Jones of

merchant.

"2. John Smith of

"3. Thomas Green of

"4. John Thompson of

"5. Caleb White of

"6. Andrew Brown of

*7. Cæsar White of

Dated the

day of

Witness to the above signatures,

A.B., No. 13, Chater Road, Hong Kong.

Sections

13 and 347.

TABLE E.

MEMORANDUM AND ARTICLES OF ASSOCIATION OF AN Unlimited CoMPANY HAVING a Share Capital.

Memorandum of Association.

1st. The name of the company is "The Patent Stereotype Company."

2nd. The registered office of the company will be situate in Hong Kong.

3rd. The objects for which the company is estab- lished are "the working of ä patent method of "founding and casting stereotype plates, of which "method John Smith of Hong Kong, is the sole "patentee, and the doing of all such things as are "incidental or conducive to the attainment of the "above objects."

WE, the several persons whose names are subscribed, are desirous of being formed into a company, in pursuance of this memorandum of association, and we respectively agree to take the number of shares in the capital of the company set opposite our respective names.

Names, Addresses and Descriptions

of Subscribers.

"1. John Jones of

"2. John Smith of

Number of Shares takon by each Subscriber.

merchant 3

"3. Thomas Green of

"4. John Thompson of

5. Caleb White of

"6. Andrew Brown of

"7. Abel Brown of

Total shares taken 12"

Dated the

day of

Witness to the above signatures,

A.B., No. 13, Chater Road, Hong Kong.

ARTICLES OF ASSOCIATION TO ACCOMPANY THE PRECEDING MEMORANDUM OF ASSOCIATION,

1. The share capital of the company is two thou sand dollars divided into twenty shares of hundred dollars each.

ons

E HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

2. The company may by special resolution---

(a) increase the share capital by such sum to be divided into shares of such amount as the resolution may prescribe;

(b) consolidate its shares into shares of a larger

amount than its existing shares;

(d) cancel any shares which at the date of the passing of the resolution have not been taken or agreed to be taken by any person;

3. The Articles of Table A set out in the First Schedule to the Companies Ordinance, 1932 (other than Articles 30, 31, 32, 33, 34, 37, and 38) shall be deemed to be incorporated with these articles and shall apply to the company.

Names, Addresses and Descriptions of Subscribers. 1. John Jones of

2. John Smith of

3. Thomas Green of

4. John Thompson of

5. Caleb White of

6. Andrew Brown of

7. Abel Brown of

merchant.

1st Schedule. Table E. -contd.

1127.

Dated the

day of

Witness to the above signatures,

A.B., 13, Chater Road, Hong Kong

SECOND SCHEDULE.

FROM OF LICENCE TO HOLD LANDS.

The Governor hereby licences the

to hold the lands hereunder described (insert descrip- tion of lands) [or to hold lands not exceeding in the whole

acres].

The conditions of this licence are (insert conditions, if any)

THIRD SCHEDULE.

FORM OF STATEMENT IN LIEU OF PROSPECTUS TO BE DELIVERED TO REGISTRAR BY A PRIVATE COMPANY ON BECOMING A PUBLIC COMPANY.

THE COMPANIES ORDINANCE, 1931.

Statement in lieu of Prospectus delivered for registration by

[Insert the name of the Company.]

Pursuant to section 29 of the Companies Ordinance,

1932. Delivered for registration by

The nominal share capital of

the Company.

Divided into

Shares of $

each.

Amount (if any) of above capi- Shares of $

tal which consists of redeem-

able preference shares.

each.

The date on or before

which these shares are, or are liable, to be redeemed. Names, descriptions and ad- dresses of directors or pro- posed directors.

Sections 16

and 347.

Section 29.

1128

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 19

3rd Schedule. Amount of shares issued ―contd. Amount of commissions paid

in connection therewith. Amount of discount, if any, allowed on the issue of any shares, or so much thereof as has not been written off at the date of the statement. Unless more than one year has elapsed since the date on which the Company entitled to commence busi-

ness:

was

Amount of preliminary ex-

penses.

Amount paid to any pro-

moter

Consideration for the pay-

ment

If the share capital of the Com- pany is divided into different classes of shares, the right of voting at meetings of the Company conferred by, and the rights in respect of capital and dividends attach- ed to, the several classes of shares respectively.

Name of promoter. Amount $

Consideration :

Number and amount of shares 1.

and debentures issued within the two years preceding the date of this statement as fully or partly paid up other- wise than for cash or agreed to be so issued at the date of this statement. Consideration for the issue of those shares or debentures. Names and addresses of Ven-

dors of Property (1) pur- chased or acquired by the Company within the two years preceding the date of this statement or (2) agreed or proposed to be purchased or acquired by the Company. Amount (in cash, shares or debentures) paid or payable to each separate vendor. Amount paid or payable in cash, shares or debentures for any such property, specifying the amount paid or payable for goodwill.

Dates of, and parties to, every material contract (other than contracts entered into in the ordinary course of business or entered into more than two

years before the delivery of this statement).

Time and place at which the contracts or copies thereof may be inspected.

Names and addresses of the auditors of the Company. Full particulars of the nature and extent of the interest of every director in any property purchased or acquired by the Company within the two years preceding the date of this statement or proposed to

3..

Shares of $

fully paid.

shares which $

upon

per share credi- ted as paid.

debenture

4. Consideration :

Total purchase price

Cash Shares Debentures

Goodwill

EA EA LA

HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

be purchased or acquired by the Company or, where the interest of such a director consists in being a partner in a firm, the nature and extent of the interest of the firm, with a statement of ail sums paid or agreed to be paid to him or to the firm in cash or shares, or otherwise, by any person either to in- duce him to become or to qualify him as a director, or otherwise for services ren- dered or to be rendered to the Company by him or by the firm.

Rates of the dividends (if any) paid by the Company in respect of each class of shares in the Company in each of! the three financial years im- mediately preceding the date of this statement or since the incorporation of the Com- pany whichever period is the shorter.

Particulars of the cases in

which no dividends have been paid in respect of any class of shares in any of these years.

3rd Schedule. -contd.

1129

If any of the unissued shares or debentures are to be applied in the purchase of any busi- ness the amount, as certified by the persons by whom the accounts of the business have been audited, of the net pro- fits of the business in respect of each of the three financial years immediately preceding the date of this statement, provided that in the case of a business which has been carried on for less than three years and the accounts of which have only been made up in respect of two years or one year the above require- ment shall have effect as if references to two years or one year, as the case may be, were substituted for referen- ces to three years, and in any such case the statement shall say how long the business to be acquired has been carried

on.

(Signatures of the persons above- named as directors or proposed directors or of their agents authorised in writing.)

Date

NOTE. In this Form the expression "vendor" includes a vendor as defined in Part III of the Fourth Schedule to this Ordinance, and the expression "financial year" has the meaning assigned to it in that Part of the said Schedule.

1130

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2

Sections 37 and 329.

FOURTH SCHEDULE.

PART I.

MATTERS REQUIRED TO BE STATED IN PROSPECTUS.

1. Except where the prospectus is published as a newspaper advertisement. the contents of the memorandum, with the names, descriptions, and addresses of the signatories, and the number of shares subscribed for by them respectively.

2. The number of founders or management or deferred shares, if any, and the nature and extent of the interest of the holders in the property and profits of the company.

3. The number of shares, if any, fixed by the articles as the qualification of a director, and any provision in the articles as to the remuneration of the directors.

4. The names, descriptions, and addresses of the directors or proposed directors.

5. Where shares are offered to the public for subscription particulars as to-

(i) the minimum amount which, in the opinion of the directors, must be raised by the issue of those shares in order to provide the sums, or, if any part thereof is to be defrayed in any other manner, the balance of the sums required to be provided in respect of each of the following matters:-

(a) the purchase price of any property purchased or to be purchased which is to be defrayed in whole or in part out of the proceeds of the issue;

(b) any preliminary expenses payable by the company, and any commission so pay- able to any person in consideration of his agreeing to subscribe for, or of his procuring or agreeing to procure subscriptions for, any shares in the company;

(d) working capital; and

(ii) the amounts to be provided in respect of the matters aforesaid otherwise than out of the proceeds of the issue and the sources out of which those amounts are to be provided.

6. The amount payable on application and allot. ment on each share, and, in the case of a second or subsequent offer of shares, the amount offered for subscription on each previous allotment made within the two preceding years, the amount actually allotted, and the amount, if any, paid on the shares so allotted.

7. The number and amount of shares and de- bentures which within the two preceding years have been issued, or agreed to be issued, as fully or partly paid up otherwise than in cash, and in the latter case the extent to which they are so paid up, and in either case the consideration for which those shares or debentures have been issued or are proposed or intended to be issued.

8. The names and addresses of the vendors of any property purchased or acquired by the company, or proposed so to be purchased or acquired, which is to be paid for wholly or partly out of the proceeds of the issue offered for subscription by the prospectus, or the purchase or acquisition of which has not been

JE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932. 1131

completed at the date of issue of the prospectus, 4th Schedule.

and the amount payable in cash, shares, or deben--contd. tures, to the vendor, and where there is more than cne separate vendor, or the company is a sub- purchaser, the amount so payable to each vendor.

9. The amount, if any, paid or payable as pur chase money in cash, shares, or debentures, for any such property as aforesaid, specifying the amount, il any, payable for goodwill.

10. The amount, if any, paid within. the two preceding years, or payable, as commission (but not including commission to sub-underwriters) for sub- scribing or agreeing to subscribe, or procuring or agreeing to procure subscriptions, for any shares in, or debentures of, the company, or the rate of any such commission.

11. The amount or estimated amount of pre- liminary expenses.

12. The amount paid within the two preceding years or intended to be paid to any promoter, and the consideration for any such payment.

13. The dates of and parties to every material contract, not being a contract entered into in the ordinary course of the business carried on or intended to be carried on by the company or a contract entered into more than two years before the date of issue of the prospectus, and a reasonable time and place at which any such material contract or a copy thereof may be inspected.

14. The names and addresses of the auditors, if any, of the company.

15. Full particulars of the nature and extent of the interest, if any, of every director in the promo- tion of, or in the property proposed to be acquired by, the company, or, where the interest of such a director consists in being a partner in a firm, the nature and extent of the interest of the firm, with a statement of all sums paid or agreed to be paid to him or to the firm in cash or shares or otherwise by any person either to induce him to become, or to qualify him as a director, or, otherwise for services rendered by him or by the firm in connection with the promotion or formation of the company.

16. If the prospectus invites the public to subscribe. for shares in the company and the share capital of the company is divided into different classes of shares, the right of voting at meetings of the com- pany conferred by, and the rights in respect of capital and dividends attached to, the several classes of shares respectively.

17. In the case of a company which has beer carrying on business, or of a business which has been carried on for less than three years, the length of time during which the business of the company or the business to be acquired, as the case may be, has been carried on.

PART II.

REPORTS TO BE SET OUT IN PROSPECTUS.

1. A report by the auditors of the company with respect to the profits of the company in respect of each of the three financial years immediately preceding the issue of the prospectus, and with respect to the rates of the dividends, if any, paid by the company in respect of each class of shares in the company in respect of each of the said three years, giving particulars of each such class of shares on which such dividends have been paid and particulars

1132 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 199

4th Schedule. Of the cases in which no dividends have been paid in

-contd.

respect of any class of shares in respect of any of those years, and, if no accounts have been made up in respect of any part of the period of three years ending on a date three months before the issue of the prospectus, containing a statement of that fact.

2. If the proceeds, or any part of the proceeds, of the issue of the shares or debentures are or is to be applied directly or indirectly in the purchase of any business, a report made by accountants who shall be named in the prospectus upon the profits of the business in respect of each of the three financial years immediately preceding the issue of the prospectus.

PART III.

PROVISIONS APPLYING TO PARTS I, AND II. of SchedulLE.

1. The provisions of this Schedule with respect to the memorandum and the qualification, remuneration and interest of directors, the names, descriptions and addresses of directors or proposed directors, and the amount or estimated amount of the preliminary expenses, shall not apply in the case of a prospectus issued more than two years after the date at which the company is entitled to commence business.

2. Every person shall for the purposes of this Schedule be deemed to be a vendor who has entered into any contract, absolute or conditional, for the sale or purchase, or for any option of purchase, of any property to be acquired by the company, in any case where

(a) the purchase money is not fully paid at the

date of the issue of the prospectus;

(b) the purchase money is to be paid or satisfied wholly or in part out of the proceeds of the issue offered for subscription by the prospectus;

fulfilment on the result of that issue.

3. Where any property to be acquired by the company is to be taken on lease, this Schedule shall have effect as if the expression "vendor" included the lessor, and the expression "purchase money" in- eluded the consideration for the lease, and the expression "sub-purchaser" included a sub-lessee.

4. For the purposes of paragraph 8 of Part I of this Schedule where the vendors or any of them are a firm, the members of the firm shall not be treated as separate vendors.

5. If in the case of a company which has been carrying on business, or of a business which has been carried on for less than three years, the accounts of the company or business have only been made up in respect of two years or one year, Part II of this Schedule shall have effect as if references to two years or one year, as the case may be, were stituted for references to three years.

sub-

6. The expression "financial year" in Part II of this Schedule means the year in respect of which the accounts of the company or of the business, as the case may be, are made up, and where by reason of any alteration of the date on which the financial year of the company or business terminates the accounts of the company or business have been made up for a period greater or less than a year, that greater or less period shall for the purpose of the said Part of this Schedule be deemed to be a financial

year,

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

FIFTH SCHEDULE,

FORM OF STATEMENT IN LIEU OF PROSPECTUS TO BE DELIVERED TO REGISTRAR BY A COMPANY WHICH DOES NOT ISSUE A PROSPECTUS OR WHICH DOES NOT GO TO ALLOTMENT ON A PROSPECTUS ISSUED.

THE COMPANIES ORDINANCE, 1932.

Statement in lieu of Prospectus delivered for registration by

[Insert the name of the company.]

Pursuant to section 42 of the Companies Ordinance,

1932.

Delivered for registration by.

The nominal share capital of

the Company.

Divided into

Shares of $ each.

Section 42.

1133

Amount (if any) of above Shares of $

capital which

consists of

redeemable preference shares.

The date on or before which these shares are, or are liable, to be redeemed, Numes, descriptions and ad- dresses of directors or pro- posed directors.

If the share capital of the Company is divided into different classes of shares, the right of voting at meet- ings of the Company con- ferred by, and the rights in respect of capital and divi- dends attached to, the several classes of shares respective- ly.

Number and amount of shares 1.

and debentures agreed to be issued as fully or partly paid 2. up otherwise than in cash. The consideration for the in- tended issue of those shares and debentures.

Names and addresses of ven- dors of property purchased or acquired, or proposed to be purchased or acquired by the Company.

Amount (in cash, shares, or

debentures) payable to each

separate vendor.

each.

shares of $ fully paid shares which $

upon

per share credi-

ted as paid.

debenture $

4. Consideration:

Amount (if any) paid or pay- Total purchase price

able (in cash or shares or debentures) for any such pro- perty, specifying amount (if any) paid or payable for goodwill,

Amount (if any) paid or payable as commission for subscribing or agreeing to subscribe or pro- curing or agreeing to procure subscriptions for any shares or debentures in the Com-

pany; or

Rate of the commission The number of shares, if any, which persons have agreed for a commission to subscribe absolutely.

Cash

Shares Debentures

Goodwill

Amount paid.

payable.

Rate per cent.

Estimated amount of prelimin- $

ary expenses.

1134

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 192

5th Schedule. Amount paid or intended to be

-contd.

Name of promoter. Amount $

paid to any promoter. Consideration for the payment Consideration:-

Dates of, and parties to, every material contract (other than contracts entered into in the ordinary course of the busi- ness intended to be carried on by the Company or enter- ed into more than two years before the delivery of this statement).

Time and place at which the contracts or copies thereof may be inspected.

Names and addresses of the auditors of the Company (if any).

Full particulars of the nature and extent of the interest of every director in the promo- tion of or in the property proposed to be acquired by the Company, or, where the interest of such a direc- tor consists in being a part- ner in a firm, the nature and extent of the interest of the firm, with a statement of all sums paid or agreed to be paid to him or to the firm in cash or shares, or otherwise, by any person either to in- duce him to become, or to qualify him as, a director, or otherwise for services render- ed by him or by the firm in connection with the promo- tion or formation of the Company.

If it is proposed to acquire any business, the amount, as cer- tified by the persons by whom the accounts of the business have been audited, of the net profits of the business in respect of each of the three financial years immediately preceding the date of this statement pro- vided that in the case of a business which has been carried on for less than three years and the accounts of which have only been made up in respect of two years or one year the above require- ment shall have effect as if references to two years or one year, as the case may be, were substituted for refereu- ces to three years, and in any such case the statement shall say how long the busi- ness to be acquired has been carried on.

(Signatures of the persons above-

Date

named as directors or proposed directors or of their agents authorised in writing.)

NOTE. In this Schedule the expression "vendor" includes a vendor as defined in Part III of the Fourth Schedule to this Ordinance and the expression "finan- cial year" has the meaning assigned to it in that Part of the said Schedule.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932. 1135

SIXTH SCHEDULE.

FORM OF ANNUAL RETURN OF A COMPANY HAVING

A SHARE CAPITAL.

Sections 107 and 347.

Annual Return of the

made up to the

Company, Limited

day of

(being the date of the first or only ordinary general meeting in 19 ).

The address of the registered office of the Company is as follows. -

Summary of Share Capital and Shares.

Nominal Share Capital $

divided into*

Total number of shares taken up* to

the

day of

being the date of the return (which number must agree with the total shown in the list as held by existing members).

Number of shares issued subject to

payment wholly in cash.

Number of shares issued as fully paid

up otherwise than in cash.

Number of shares issued as partly paid

up to the extent of

otherwise than in cash.

+Number of

issued at a discount.

per share

shares (if any)

Total amount of discount on the issue $

of shares which has not been written

off at the date of this Return.

§There has been called up on

each of shares.

§There has been called up on

each of shares.

There has been called up on

each of shares.

Total amount of calls received, in- cluding payments on application and

allotment.

Total amount (if any) agreed to be $

considered as paid on

which have been issued as fully paid

up otherwise than in cash.

Total amount (if any) agreed to be $

considered as paid on

which have been issued as partly

paid up to the extent of

per

share otherwise than in cash.

shares of

each. shares of

each.

Total amount of calls unpaid

Total amount of the suns (if any) paid by way of commission in respect of any shares or debentures or allowed by way of discount respect of any debentures since the date of the last Return,

*Where there are shares of different kinds or amounts (e.g., Preference and Ordinary or $100 and $10) state the number and nominal values separately.

tif the shares are of different kinds, state them separately.

§ Where various amounts have been called, or there are shares of different kinds, state them separately.

++Include what has been received on forfeited as well as on existing shares.

1136

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2,

6th Schedule. Total number of shares forfeited

-contd.

Total amount paid (if any) on shares $

forfeited

Total amount of shares for which share warrants to bearer are out- standing.

Total amount of share warrants to bearer issued and surrendered respec- tively since the date of the last Return.

Number of shares comprised in each

share warrant to bearer,

Issued $ Surrendered

Total amount of the indebtedness of $

the Company in respect of all mort gages and charges of the kind which are required to be registered with the Registrar of Companies under the Companies Ordinance 1932.

Copy of last audited Balance Sheet of the Company.

NOTE.-Except where the Company is a "Private Company" within the meaning of Section 28 of the Companies Ordinance, 1932, this Return must include a written copy, certified by a Director or by the Manager or Secretary of the Company to be a true copy, of the last balance sheet which has been audit- ed by the Company's auditors (including every document required by law to be annexed thereto) together with a copy of the report of the auditors thereon (certified as aforesaid), and if any such balance sheet is in a foreign language there must also be annexed to it a translation thereof in English certified in the prescribed manner to be a correct translation. If the said last balance sheet did not comply with the requirements of the law as in force at the date of the audit with respect to the form of balance sheets there must be made such additions to and corrections in the said copy as would have been required to be made in the said balance sheet in order to make it comply with the said require- ments, and the fact that the said copy has been so amended must be stated thereon.

•

Private Company.

Certificates to be given by a Private Company.

A. I certify that the Company has not since the

date of the last Annual Return issued any invita-

tion to the public to subscribe for any shares or

"debentures of the Company."

(Signature)

(State whether Director or Secretary.)

B. Should the number of members of the Company exceed fifty the following certificate is also required :

I certify that the excess of members of the Company above fifty consists wholly of persons who are in the employment of the Company and/or of persons who, having "been formerly in the employment of the Company were while in such employment, and have continued after the determination "of such employment to be, members of the

Company.'

(Signature)

(State whether Director or Secretary.)

1 In the case of the first Annual Return strike out the words "last Annual Return" and substitute therefore the words "Incorporation of the Company."

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932.

NOTE.-Banking companies must add a list of all 6th Schedule. their places of business.

The Return must be signed at the end by a Director or by the Manager or Secretary of the Company.

Delivered for filing by

Particulars of the *Directors of the

Company, Limited, at the date of the Annual Return.

-contd.

1137

Nationa-

†The present Christian

Any former

lity of

+Other

(if origin

Usual

business

Christian Nationa-

other

residen-

occupa-

Name or

tion if

Names and

Name or Names or

lity.

than the

Surname.

present nationa-

tial address.

Surname.

any.

none state so.

lity).

* "Director"

includes any person who occupies the position of a Director by whatever name called and any person in accordance with whose directions or instructions the Directors of a Company are accustomed to act.

In the case of a Corporation its corporate name and registered or principal office should be shown.

In the case of an individual who has no business occupation but holds any other directorship or directorships particulars of that directorship or of some one of those directorships must be entered.

1138

-contd.

5th Schedule.

Company,

List of Persons holding Shares in the Limited, on the day of 19 and of Persons who have held Shares therein at any time since the date of the last Return, or (in the case of the first Return) of the incorporation of the Company, showing their Names and Addresses, and an Account of the Shares so held.

N.B.--If the names in this list are not arranged in alphabetical order, an index sufficient to enable the name of any person in the list to be readily found must be annexed to this list.

Names, Addresses, and Occupations.

Folio in

Ledger,

containing Particulars.

Remarks.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 19

* Number

of Shares

held by

existing

Members

at date of

Return.†

Account of Shares.

Particulars of Shares Transferred since the date of the last Return, or (in the case of the first Return) the incor- poration of the Company, by persons who are still Members.

Number.†

Date of Registration of Transfer.

Particulars of Shares Transferred since the date of the last Return, or (in the case of the first Return) of the incor- poration of the Company by persons who have ceased to be Members. Date of Registration

Number. † of Transfer.

Surname.

Christian

Name.

Address.

Occupation.

(Signature)

(State whether Director or Manager or Secretary)

* The aggregate Number of Shares held, and not the Distinctive Numbers, must be stated, and the column must be added up throughout so as to make one total to agree with that stated in the Summary to have been taken up.

+ When the Shares are of different classes these columns may be subdivided so that the number of each class held, or transferred, may be shown separately. Where any Shares have been converted into Stock the amount of Stock held by each member must be shown.

The date of Registration of each Transfer should be given as well as the Number of Shares transferred on each date. The Particulars should be placed opposite the name of the Transferor, and not opposite that of the Transferee, but the name of the Transferee may be inserted in the "Remarks" column immediately opposite the particulars of each Transfer.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932. 1139

SEVENTH SCHEDULE.

Section 130.

FORM OF STATEMENT to be published by BANKING

and INSURANCE COMPANIES and DEPOSIT, PROVIDENT, or BENEFIT SOCIETIES.

* The share capital of the company is

divided into

shares of

The number of shares issued is

Calls to the amount of

each.

dollars per share

have been made, under which the sum of

dollars has been received.

The liabilities of the company on the first day of

January (or July) were

Debts owing to sundry persons by the company.

On judgment, $

On specialty, $

On notes or bills, $

On simple contracts, $

On estimated liabilities, $

The assets of the company on that day were-

Government securities [stating them]

Bills of exchange and promissory notes, $ Cash at the bankers, $

Other securities, $

*If the company has no share capital the portion of the statement relating to capital and shares must be ommitted.

EIGHTH SCHEDULE.

s. 248.

PROVISIONS WHICH DO NOT APPLY IN THE CASE OF A Winding Up SUBJECT TO SUPERVISION of the Court.

Statement of Companies affairs to be submitted to s. 176. Official Receiver.

Report by Official Receiver.

s. 177.

Power of Court to appoint Liquidator.

s. 178.

Appointment and powers of provisional Liquidator. s. 179.

Appointment, style, &c., of Liquidators in winding s. 180.

up.

Provisions where person other than Official Receiver is appointed Liquidator.

s. 181.

General provisions as to Liquidators.

162 except

Exercise and control of Liquidators' powers.

subs. (5).

s. 186.

Books to be kept by Liquidator

3. 187.

Payments of Liquidator into bank or Treasary.

s. 188

Audit of Liquidators' accounts.

s. 189.

Control of Official Receiver over Liquidators.

s. 190.

Release of Liquidators.

s. 191.

Meeting of creditors and contributories to determine whether committee of inspection shall be appointed.

s. 192.

1140

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 19

s. 193.

Constitution inspection.

and proceedings of

committee

s. 194.

s. 202.

3. 208.

s. 209.

s. 212.

s. 284.

Powers of the Court where no committee of inspection.

Appointment of special manager.

Power to order public examination of promoters, directors, &c.

Power to restrain fraudulent persons from managing companies.

Delegation to Liquidator of certain powers of court.

Power to appoint Official Receiver as receiver for debenture holders or creditors.

Sections 290, 304, 347.

NINTH SCHEDULE.

TABLE OF FEES TO BE PAID TO THE

REGISTRAR OF COMPANIES.

I. BY A COMPANY HAVING A SHARE CAPITAL.

For registration of a company whose nominal share capital does not exceed $10,000 -

For registration of a company whose nominal share capital exceeds $10,000, the following fees, regulated according to the amount of nominal share capital (that is to say);

For the first $10,000 of nominal

capital

For every $5,000 of nominal share capital, or part of $5,000, up to $25,000 -

For every $10,000 of nominal share capital, or part of $10,000, after the first $25.000, up to $500,000 - For every $10,000 of nominal share capital, or part of $10,000, after the first $500,000

$ c.

50.00

10.00

3.00

1.00

For registration of any increase of share capital made after the first registration of the company, the same fees per $10,000, or part of a $10,000, as would have been pay- able if the increased share capital had formed part of the original share capital at the time of registration:

Provided that no company shall be liable to pay in respect of nominal share capital, on registration or afterwards, any greater amount of fees than 500 dollars taking into account in the case of fees payable on an increase of share capital after registration the fees paid on registration

For registration of any existing company, except such companies as are by this Ordinance exempted from payment of fees in respect of registration

registration under this Ordinance, the same fee as is charged for registering a new company

50.00

HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932. 1141

memo-

For registering any document by this Ordin- ance required or authorised to be registered or required to be delivered sent or forwarded to the registrar other than the randum or the abstract required to be delivered to the registrar by a receiver or manager or the statement required to be sent to the registrar by the liquidator in a winding-up

c. 9th Schedule -contd.

3.00

For making a record of any fact by this Ordinance required or authorised to be recorded by the registrar

5.00

II. BY A COMPANY NOT HAVING A SHARE CAPITAL.

For registration of a company whose number of members as stated in the articles does not exceed 25

50.00

For registration of a company whose number of members as stated in the articles exceeds 25, but does not exceed 100

For registration of a company whose number of members as stated in the articles exceeds 100 but is not stated to be un- limited, a fee of $100 with an additional $5 for every additional 50 members or less after the first 100

For registration of a company in which the number of members is stated in the articles to be unlimited

For registration of any increase on the

number of members

made after the

in respect

registration of the company

of every 50 members, or less than 50 members, of that increase

Provided that no company shall be liable to pay on the whole a greater fee than $300 in respect of its number of members, taking into account the fee paid on the first registration of the company.

For registration of any existing company, except such companies as are by this Ordinance exempted from payment of fees in respect of registration under this Ordinance, the same fee as is charged for registering a new company.

For registering any document by this Ordin- ance required or authorised to be registered or required to be delivered, sent or for- warded to the registrar, other than the memorandum or the abstract required to be delivered to the registrar by a receiver or manager or the statement required to be sent to the registrar by the liquidator in a winding-up

100.00

300.00

5.00

3.00

For making a record of any fact by this Ordinance required or authorised to be recorded by the registrar

5.00

III. BY A COMPANY TO WHICH PART XI OF THIS

ORDINANCE APPLIES.

For registering any document required to be delivered to the registrar under Part XI of this Ordinance

5.00

1142 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2,

s. 335.

TENTH SCHEDULE.

s. 17.

s. 37.

s. 42.

s. 44.

s. 79.

s. 30(1).

s. 81.

s. 90.

s. 94.

s. 107 (3)(n) (0).

s. 112.

PROVISIONS REFERRED TO IN SECTION 335

OF THE ORDINANCE.

Provisions relating to-

Conclusiveness of certificate of incorporation;

Specific requirements as to particulars in

prospectus;

Prohibition of allotment in certain cases unless statement in lieu of prospectus delivered to registrar;

Return as to allotments;

Registration of charges created by company

registered in the Colony;

Duty of company to register charges created by

company;

Duty of company to register charges existing on

property acquired;

Application of Part III to companies incorporated

outside the Colony;

Restrictions on commencement of business;

The particulars as to directors and indebtedness

of the company;

Statutory meeting and statutory report;

s. 133 (1) (2).

Auditors' report and right to information and

explanations;

s. 139.

s. 239.

Restrictions on appointment or advertisement of

director;

Notice by liquidator of his appointment;

s. 287.

Delivery to registrar of accounts of receivers and

managers;

s. 319.

s. 321.

s. 322.

s. 323.

Documents, &c., to be delivered to registrar by companies carrying on business in the Colony

Return to be delivered to registrar where docu-

ments, &c. altered;

Balance sheet of company carrying on business

in the Colony;

Obligation to state name of company, &c.

E HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932. 1143

No. 760.

Hong Kong.

ORDINANCE No. 1 of 1903. (PUBLIC HEALTH AND BUILDINGS).

Add the following by-law :-

27. No person shall spit in any market stall; nor in

any market avenue, stair-way, or thoroughfare.

Made by the Sanitary Board this 8th day of November, 1932.

J. H. GELLING,

Secretary.

Approved by the Legislative Council this 1st day of December, 1932.

R. A. C. NORTH, Deputy Clerk of Councils.

No. 761.-His Majesty the KING has not been advised to exercise his power of disallowance with respect to the following Ordinance :--

Ordinance No. 21 of 1932.--An Ordinance to consolidate and amend the law regulating the granting of Pensions, Gratuities and other Allowances in respect of public service.

COUNCIL CHAMBER,

1st December, 1932.

R. A. C. North, Deputy Clerk of Councils.

APPOINTMENTS.

No. 762.-His Excellency the Governor has been pleased to appoint, under the provisions of section 10 of the Medical Registration Ordinance, 1884, Ordinance No. I of 1884, Dr. KENELM HUTCHINSON DIGBY to be a Member of the Medical Board for a further term of three years, with effect from 10th October, 1932.

2nd December, 1932.

1144 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2,

No. 763.-His Excellency the Governor has been pleased to appoint Mr. HUGH BLACKWELL LAYARD DOWBIGGIN, O.B.E., to be a Member of the Board of Education for a further period of two years, with effect from the 15th April, 1932.

2nd December, 1932.

　　　　No. 764.-His Excellency the Governor has been pleased to appoint the following officers to be his Honorary Aides-de-Camp, with effect from this date:--

Lieutenant JOHN CROW RICHARDSON, The South Wales Borderers. Lieutenant JOHN ARTHUR LEMUEL SCHREIBER, Royal Artillery.

Lieutenant JAMES GORDON MILESTONE BOULTER GOUGH, The Lincolnshire Regi-

ment.

Lieutenant HARRY OWEN-HUGHES, Hong Kong Volunteer Defence Corps.

Subadar Major ABDUL GHANI, Hong Kong and Singapore Brigade, Royal

Artillery.

Subadar Major SHAH ZAMAAN KHAN, 9th Jhat Regiment.

2nd December, 1932.

　　　　No. 765.-His Excellency the Governor has been pleased to appoint Lieutenant JAMES FRANCIS WRIGHT, Hong Kong Volunteer Defence Corps, to be one of his Honorary Aides-de-Camp, during the absence on leave of Lieutenant HARRY OWEN-HUGHES, Hong Kong Volunteer Defence Corps, with effect from this date.

2nd December, 1932.

No. 766.-The King's Exequatur empowering Mr. DONALD C. DUNHAM to act as Vice-Consul for the United States of America in Hong Kong has received His Majesty's signature.

2nd December, 1932.

No. 767-His Excellency the Governor has been pleased, under instructions from the Secretary of State for the Colonies, to recognise Mr. HIROSHI ASHINO as Acting Japanese Consul-General at Hong Kong.

2nd December, 1932.

ཡིན་པ་

HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932. 1145

NOTICES.

THE MAGISTRACY.

　　　No. 768.- By command of His Excellency the Governor, and pursuant to Section 10 of the Liquors Ordinance of 1931, an Election by the Justices of the Peace of two Justices of the Peace to serve on the Licensing Board for three years vice Mr. JOHN Owen-HUGHES, J.P., and Mr. HUGH BLACKWELL LAYARD DOWBIGGIN, J.P., O.B.E., whose terms of office expire on the 9th day of Decembər, 1932, will take place in the Office of the Registrar of the Supreme Court on Wednesday, the 11th day of January, 1933, commencing at 4 o'clock in the afternoon.

The election will be conducted in accordance with the Rules set forth on pages 438-440 of the Regulations of Hong Kong, 1884-1925.

Forms of nomination may be obtained at the Magistracy, Victoria, Hong Kong.

　　　Every nomination must be delivered to the undersigned not less than six clear days before the day fixed for the election.

The only persons entitled to vote at the election are the unofficial Justices of the Peace.

　　　Voting will commence at 4 p.m. and continue until 6 p.m. when the ballot-box will be closed.

2nd December, 1932.

W. SCHOFIELD,

First Police Magistrate.

MEDICAL DEpartment.

No. 769.-The following addition to the Dental Register published in Govern- ment Notification No. 285 of the 4th May, 1932, pursuant to Ordinance No. 16 of 1914, is published for general information.

Name.

Address.

Lanchester, John.

32A, Nathan Road, Kowloon.

28th November, 1932.

Qualification and Date.

Licentiate in Dental Surgery of the Royal College of Surgeons, England, dated 8th December, 1921.

Doctor of Dental Surgery of the North- western University of Evanston- Chicago, U.S.A., dated 15th June, 1931.

A. R. WELLINGTON, Director of Medical and Sanitary Services.

HONG KONG GOVERNMENT GAZETTE, DECEMBER 2, 1932. 1145

NOTICES.

THE MAGISTRACY.

The election will be conducted in accordance with the Rules set forth on pages 438-440 of the Regulations of Hong Kong, 1884-1925.

Forms of nomination may be obtained at the Magistracy, Victoria, Hong Kong.

　　　Every nomination must be delivered to the undersigned not less than six clear days before the day fixed for the election.

The only persons entitled to vote at the election are the unofficial Justices of the Peace.

　　　Voting will commence at 4 p.m. and continue until 6 p.m. when the ballot-box will be closed.

2nd December, 1932.

W. SCHOFIELD,

First Police Magistrate.

MEDICAL DEpartment.

No. 769.-The following addition to the Dental Register published in Govern- ment Notification No. 285 of the 4th May, 1932, pursuant to Ordinance No. 16 of 1914, is published for general information.

Name.

Address.

Lanchester, John.

32A, Nathan Road, Kowloon.

28th November, 1932.

Qualification and Date.

Licentiate in Dental Surgery of the Royal College of Surgeons, England, dated 8th December, 1921.

Doctor of Dental Surgery of the North- western University of Evanston- Chicago, U.S.A., dated 15th June, 1931.

A. R. WELLINGTON, Director of Medical and Sanitary Services.

1146

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 2,

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　No. 770.-It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909 :-

Number of Marks.

Date of Registration.

Name and Address of Owner.

Period of Renewal.

Class in

File

which renewed.

No.

Nos. 104, 105 2nd December,

and 106

1904.

of 1904.

Vereinigte Ultramarin Fabriken Aktiengesellschaft, Vormals

Leverkus Zeltner and Consorten at Colagne, Hohenzollernring 85.

2nd December,

1946.

318

of 1932.

1st December, 1932.

E. L. AGASSIZ, Registrar of Trade Marks.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　No. 771.-It is hereby notified that the registration of the following trade marks has expired and that they will be removed from the Register of Trade Marks on the 3rd January, 1933, unless the prescribed fees for renewal of registration are paid before that date:-

Number of Trade Marks.

Names and Addresses of Proprietors.

Date of Expiration of Registration.

File

Nos.

No. 21 of 1919.

No. 97 of 1919.

Nos 22 to 31 of 1919.

1st December, 1932.

American Chicle Co., 19-25, West 44th Street, City, County and State of New York, United States of America.

Hazlehurst and Sons Limited, 17, Highfield Street, Tithebarn Street, Liverpool, England.

Arnhold Brothers and Co., Limited, 1A, Chater Road, Hong Kong.

4th November, 1932.

277 of 1932.

30th November, 1932.

286 of 1932.

5th November, 1932.

278 of 1932.

E. L. AGASSIZ,

Registrar of Trade Marks.

1148

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 14

PROCLAMATIONS.

No. 2.

[L.S.]

W. PEEL,

Governor,

By His Excellency Sir WILLIAM PEEL, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Knight Commander of the Most Excellent Order of the British Empire, Governor and Commander-in-Chief of the Colony of Hong Kong and its Dependencies and Vice-Admiral of the same.

WHEREAS by the sixth section of the Employment of Young Persons and Children at Sea Ordinance, 1932, (Ordinance No. 13 of 1932), it is provided that the said Ordinance shall not come into operation unless and until the Governor notifies by Proclamation that it is His Majesty's pleasure not to disallow the same and that thereafter it shall come into operation upon such day as the Governor shall notify by the same or any other Proclamation:

NOW I, the said Sir WILLIAM PEEL, do hereby notify and proclaim that it is His Majesty's pleasure not to disallow the said Ordinance and that the said Ordinance shall come into operation on the 1st day of January, 1933.

Given under my hand and the Public Seal of the Colony of Hong Kong, this Ninth day of December, 1932.

By His Excellency's Command,

W. T. SOUTHORN.

Colonial Secretary.

GOD SAVE THE KING

}

HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932. 1149

No. 3.

[L.S.]

W. PEEL,

Governor.

ง

WHEREAS by the twenty-fifth section of the Merchant Shipping Amendment Ordinance, 1932, (Ordinance No. 23 of 1932) it is provided that the said Ordinance shall not come into operation unless and until the Governor notifies by Proclamation that it is His Majesty's pleasure not to disallow the same and that thereafter it shall come into operation upon such day as the Governor shall notify by the same or any other Proclamation:

Given under my hand and the Public Seal of the Colony of Hong Kong, this Ninth day of December, 1932.

By His Excellency's Command

W. T. SOUTHORN,

Colonial Secretary.

GOD SAVE THE KING.

1150

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 9,

EXECUTIVE COUNCIL.

No. 772.

Hong Kong.

ORDINANCE No. 26 of 1913. (EDUCATION).

In exercise of the powers conferred by section 12 of the Education Ordinance, 1913, the Governor in Council rescinds the regulations made under the said section and set forth on pages 682. 683 and 684 of the Regulations of Hong Kong, 1844-1925, and makes the following regulations in substitution therefor :-

REGULATIONS.

Hygiene and Sanitation.

1. There shall be not less than 80 cubic feet of internal space and 7 square feet of floor space for each pupil in attendance.

Only such portions of premises as are sufficiently well lighted shall be considered in making calculations under this regulation.

2. Only one cubicle shall be allowed on each floor unless special permission is obtained, and no part of the school pre- mises shall be sublet. If sub-tenants be found in any school it will be within the power of the Director to order the removal of the school or to cancel the certificate of registration.

3. The floors of schools must be washed at least once a week. Such floors must be swept carefully daily, at least two hours before the opening of school.

4. The desks must be arranged so that the light falls rpon the left of the pupils. No desk shall be nearer to the

blackboard than three feet.

5. Masters and pupils must be clean and tidv.

6. Smoking in school premises during school hours is forbidden.

7. Spitting except in spittoons is forbidden; spittoons must be cleansed frequently.

8. No new school will be registered unless it provides satisfactory latrine accommodation.

Discipline.

9. Corporal punishment of girls is forbidden.

10. Corporal punishment of boys must be confined to blows with the open hand or a light cane on the palms of the hand, or the buttocks over the clothes. Pulling or boxing the ears and blows with the fist, shaking, and all other such punish- ments are expressly forbidden. Frequent resort to corporal punishment may be regarded as a sign of imperfect discipline.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

11. Where there is more than one teacher, corporal punishment shall be inflicted by the head teacher only, or under his express authority.

12. No persons other than teachers and pupils shall be permitted to occupy a class room during school hours.

School Registers.

13. There shall be a separate attendance register for each class to be kept in a form to be approved by the Director.

Medical Examination.

14. The manager of every boarding school or hostel attached to any school shall cause a medical examination to be held not less than once in each six months.

15. The examination shall be conducted by a registered medical practitioner, who shall report in writing on the general health of the boarders and on the sanitary condition of the school buildings as a whole and of the dormitories in particular. The report shall also give the names of any of the boarders whose state of health is such as to demand special treatment and shall state briefly the nature of the treatment required.

16. A copy of the report shall be transmitted forthwith. by the manager to the Director.

General.

17. Certificates of registration under the Education Ordinance, 1913, are issued in respect of the premises and of the persons named therein. New schools or transfers of existing schools will not ordinarily be approved in premises near to existing schools of a similar character. All changes of address, or alterations of the premises, and changes of the manager shall be submitted for approval of the Director before- hand, and when approved the certificate will be corrected ac- cordingly by the Director.

18. No teacher shall be employed in any school without the previous written permission of the Director. Such per- mission may at any time be withdrawn by the Director.

Men teachers will not ordinarily be approved for employ- ment in schools for girls.

19. The work of each class shall be governed by a time table and syllabus, which shall be submitted to an inspector and, upon approval by him, shall be mounted and hung in a conspicuous place in the class room.

No book shall appear in the syllabus or be used regularly without the approval of the Director obtained beforehand.

Amendments to the time table or syllabus must also receive the approval of an inspector.

20. Not more than 50 pupils shall be taught at one time. by one teacher, except when classes are massed for such pur- poses as drill, needlework, or singing.

21. In schools for girls boys may be admitted up to the

age of twelve years, English, but not beyond.

1151

1152

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER

22. All changes of school fees and rent for school pre- mises must be reported to the Director.

23. All extra holidays must be notified for approval of the Director beforehand.

24. The registered manager of a school is responsible to the Director for the efficiency and proper conduct of the school, and such manager shall comply with and observe these regulations.

25. It shall be within the power of the Director or of an inspector acting under his authority to waive all or any of these regulations in particular cases.

COUNCIL CHAMBER,

1st December, 1932.

No. 773.

D. W. TRATMAN,

Clerk of Councils.

Hong Kong.

ORDINANCE No. 32 of 1915. (IMPORTATION AND EXPORTATION).

In exercise of the powers conferred by section 4A of the Importation and Exportation Ordinance, 1915, as amended by the Importation and Exportation Amendment Ordinance, 1932, Ordinance No. 14 of 1932, the Governor in Council makes the following Order in Council:-

Unmanifested Cargo.

1. No person shall import into the Colony any un- manifested cargo.

2. No person shall export from the Colony any un- manifested cargo.

3. No person shall place any cargo on board any ship in the Colony without the consent of the owners, charterers, agents or master of such ship.

4. This Order in Council shall not apply to the ordinary luggage of a passenger accompanying the passenger.

5. This Order in Council shall apply only to importation or exportation in or the placing of goods on board ships propelled by steam or any mechanical means.

D. W. TRATMAN,

Clerk of Councils.

COUNCIL CHAMBER,

5th December, 1932.

NOTE:Unmanifested Cargo" is defined in the Ordinance as meaning

cargo not entered on the ship's manifest.

1152

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER

22. All changes of school fees and rent for school pre- mises must be reported to the Director.

23. All extra holidays must be notified for approval of the Director beforehand.

24. The registered manager of a school is responsible to the Director for the efficiency and proper conduct of the school, and such manager shall comply with and observe these regulations.

25. It shall be within the power of the Director or of an inspector acting under his authority to waive all or any of these regulations in particular cases.

COUNCIL CHAMBER,

1st December, 1932.

No. 773.

D. W. TRATMAN,

Clerk of Councils.

Hong Kong.

ORDINANCE No. 32 of 1915. (IMPORTATION AND EXPORTATION).

Unmanifested Cargo.

1. No person shall import into the Colony any un- manifested cargo.

2. No person shall export from the Colony any un- manifested cargo.

3. No person shall place any cargo on board any ship in the Colony without the consent of the owners, charterers, agents or master of such ship.

4. This Order in Council shall not apply to the ordinary luggage of a passenger accompanying the passenger.

5. This Order in Council shall apply only to importation or exportation in or the placing of goods on board ships propelled by steam or any mechanical means.

D. W. TRATMAN,

Clerk of Councils.

COUNCIL CHAMBER,

5th December, 1932.

NOTE:Unmanifested Cargo" is defined in the Ordinance as meaning

cargo not entered on the ship's manifest.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

1153

No. 774.

Hong Kong.

Regulations made by the Governor in Council with the sanction of the Secretary of State, under section 3 of the Pensions Ordinance, 1932, Ordinance No. 21 of 1932, on the 9th day of December, 1932.

Pension Regulations A.

of Pension

1. These Regulations, which may be cited as Pension Application Regulations A, shall be subject in all respects to the provisions Regulation of the Pensions Ordinance, 1932, and shall apply to all officers A. who had been confirmed to the permanent establishment of this Colony and were in the service of this Colony, or in other public service after transfer from the service of this Colony, at the commencement of the said Ordinance and who shall not have elected, by written notification addressed to and received by either the Colonial Secretary in the Colony or the Crown Agents for the Colonies on or before the thirtieth day of June, 1933, to be bound by Pension Regulations B instead of by these Regulations. Any such election shall be irrevocable.

Part I.

GENERAL REGULATIONS.

service

etc.

2. Subject to these regulations, service qualifying for Period of pension, gratuity or other allowance, as the case may be, shall qualifying be the inclusive period between the date from which, in re- for pension, spect of any office, an officer commences to draw salary or half salary from the funds of this Colony and the date of his leav- ing the service of the Colony, without deduction of any period during which he has been absent on leave.

whom and at

granted.

3. Every officer, other than a judge, holding a pension- Pensions to ble office in this Colony, who has been in the service of this what rates Colony for not less than ten years, may on his retirement be to be granted a pension at the rate of one seven-hundred-and twen- tieth (1/720th) of his pensionable emoluments in respect of each complete month of his pensionable service, with a climatic addition of sixty seven-hundred-and-twentieths (60/720ths) of his pensionable emoluments, subject to the limit prescribed in section 11 of the Ordinance.

Provided that any such officer, other than a judge, who has rot completed ten years' pensionable service but who is per- mitted to retire on the ground of infirmity of mind or body, may nevertheless be granted a pension at the said rate, and with the said addition, if-

(a) at the time of his retirement ten calendar years have elapsed from the date on which he first commenced to draw salary from the funds of this Colony, and

(b) he has been continuously in the public service in this Colony throughout such period of ten years.

1154 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9,

Pensionabla service.

Deduction from service on failure

to pass examina tion.

Service to be unbroken.

Service prior

to break

when taken into account.

Acting service.

Non-pension- Able service when to count.

4. For the purpose of computing the amount of a pension or gratuity to be granted to an officer the following periods, subject to any deduction to be made under regulation 5 or 8, shall be taken into account as pensionable service-

(a) the periods during which he has been on duty;

(b) any period during which he was proceeding to this Colony on first appointment and in respect of which he was paid half salary from the funds of this Colony;

(d) any period during which he has been absent from duty on leave without salary, granted on grounds of public policy with the approval of the Secretary of State, and during which he has not qualified for pension, gratuity or other allow- ance in respect of other public service;

(e) any period during which an officer shall have been seconded for service under a public body with the approval of the Governor in Council.

5. If an officer fails to pass such examinations as on his first appointment to the service of this Colony are pre- scribed for him, within the time prescribed, the period between the prescribed date for passing such examinations and the actual date of passing may, if the Governor so directs, be deducted from the officer's term of service for the purpose of computing any pension, gratuity or other allowance to be granted to him.

6. (1) Service in respect of which pensions, gratuities or other allowances may be granted must be unbroken, except in cases where the service has been interrupted by abolition of office or other temporary suspension of employment not arising from misconduct or voluntary resignation.

(2) Service prior to break of service shall be taken into account for pension, gratuity, or other allowance together with service subsequent to such break, if the whole of the intervening period has with the previous sanction of the Sec- retary of State or of the Governor in Council been spent in other public service.

7. Where an officer has performed acting service in a pensionable office in this Colony, the period of such service may be taken into account as pensionable service:

Provided that-

(a) the period of such acting service has not been taken into account as part of the officer's own pensionable service in other public service;

(b) this period of service is immediately followed by ser- vice in a pensionable office in this Colony.

8. Where immediately preceding service in a

service in a pension- able office there has been an unbroken period of service in a non-pensionable office or of service paid for out of an open vote, or both, the whole of such period or periods may be taken into account for the purposes of these regulations :

HE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932. 1155

Provided that of any period of service paid for out of an open vote only two-thirds shall be taken into account.

how

9. Any period during which an officer, absent on leave War service from this Colony, has, with the consent of the Secretary reckoned. of State or of the Governor, served with His Britannic Majesty's armed forces during the Great War, or in eny other capacity connected with the state of war, may be reckoned as service on full pay for the purposes of these regulations.

seconded

10. Where an officer has been seconded from a pen- Officers sionable office to temporary employment on the Harbour, for harbour Railway Construction or other similar works under Govern- works, etc. ment control or to a non-pensionable office, the period of such temporary employment shall be reckoned for the purpose of pension, gratuity or other allowance, provided that-

(a) the officer retires in circumstances in which he would otherwise be eligible for a pension, and

(b) for the purposes of these regulations he shall be deemed to have held during the period of such seconded service an office to which are attached pensionable emolu- ments equal to those which including normal increments he would have drawn in the office from which he has been seconded.

11. Pensions and gratuities shall be computed--

pensions to

(a) where an officer has held one office, the pensionable Emolumenta emoluments of which are not based on a scale of increments, on which for a period of not less than three years immediately pre- be computed. ceding the date of his retirement, on the pensionable emolu- ments payable to him at that date in respect of that office;

(b) where an officer has at any time during such period of three years been transferred from one such office to an- other, but his pensionable emoluments have not been changed by reason of such transfer or transfers, on the pensionable emoluments payable to him at the date of his retirement in respect of the office then held by him;

(c) where an officer has held an office or has served as an officer of a class, the pensionable emoluments of which are based on a scale of increments, for a period of not less than three years immediately preceding the date of his re- tirement, on the pensionable emoluments payable to him at that date in respect of that office, or as an officer of that class:

Provided that where two or more classes are subject to one time scale, they shall be treated for this purpose as one class:

(d) in all other cases, on the average amount of the pen- sionable emoluments payable to the Officer during a period of three years immediately preceding the date of his retire-

ment:

Provided that in the case of an officer who has received promotion within three years of the date of his retirement, any service in an office or class in which such officer served for a period of not less than three years shall, for the purpose

1156 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9,

Pension of certain judges.

Officers

enjoying private practice.

Gratuity and reduced pension.

of computation under this regulation, be deemed to be ser- vice on the highest pensionable emoluments paid to such officer in that office or class; and provided further that when an officer has received promotion within three years of the date of his retirement his pension may be calculated as if he had not been so promoted if this should be to his advantage.

12. (1) A judge who prior to his appointment as judge held no office in the service of this Colony and who has held the office of judge for a continuous period of not less than seven years may on his retirement be granted a pension at the rate of one hundred and eighty seven-hundred-and-twen- tieths (180/720ths) of his pensionable emoluments with an addition of two seven-hundred-and-twentieths (2/720ths) in respect of each complete month of pensionable service in excess of seven years until three hundred and forty-eight seven-hundred-and-twentieths (318/720ths) is reached and with the further addition of one seven-hundred-and-twentieth (1/720th) in respect of each complete month of such service in excess of fourteen years, subject to the limit prescribed in section 11 of the Ordinance.

(2) A judge who immediately prior to his appointment as judge held an office in the service of this Colony other than that of judge and has been in the service of this Colony for a continuous period of not less than ten years (including his service as a judge) may on his retirement be granted at his option-

either a pension at the rate of two seven-hundred-and- twentieths (2/720ths) of his pensionable emoluments in re- spect of each complete month of pensionable service as judge together with one seven-hundred-and-twentieth (1/720th) of the pensionable emoluments payable to him immediately prior to his appointment as judge in respect of each com- plete month of pensionable service prior to such appointment. with an addition to such last-mentioned service of a period which shall bear the same proportion to five years as the period of his service prior to such appointment bears to his total service in the Colony;

or a pension computed at the rate prescribed in regulation

subject in either case to the limit prescribed in section 11 of the Ordinance.

13. Except in cases where a claim to pension has been acknowledged or sanctioned by the Secretary of State or by the Governor in Council, no pension shall be granted under these regulations to any officer whose whole time is not given to the public service or to any professional officer who is allowed the private practice of his profession, but if any such officer is removed from the service of this Colony in consequence of the abolition of his office, there may be granted to him a pension at such reduced rate as the Secretary of State may sanction.

14.-(1) An officer to whom a pension is granted under the Ordinance shall, if he has exercised his option as herein- after provided, but not otherwise, be paid in lieu of such pension, a pension at the rate of three-fourths of such pension together with a gratuity equal to ten times the amount of the annual reduction so made in the pension.

HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

(2) The option referred to in paragraph (1) shall be exercisable by an officer at any time on or before the date or day applicable to his case as herein mentioned, but not thereafter unless on special grounds the Governor in Council allows an extension of time, that is to say,-

(a) In the case of an officer who has attained pensionable status the thirtieth day of June, 1933;

(b) In the case of any other officer--the thirtieth day after he first attains pensionable status, or the thirtieth day of June, 1933, whichever shall be the longer period.

Provided that an officer who has previously had the opportunity of exercising the option but has not done so and who is still in the service of this Colony, or in any other service which the Secretary of State may determine to be public service, may apply within one month (or within such extended period as the Governor in Council may allow) of his subsequent marriage for permission to exercise the option, which permission may be granted at the discretion of the Governor after examination of the officer by three Government medical officers, or if the officer marries while on leave of absence after examination by any medical practitioner authorised by the Secretary of State to make the examination.

(3) The date of the exercise of the option by an officer shall be deemed to be the date of the receipt of his written notification addressed either to the Colonial Secretary in the Colony or to the Crown Agents for the Colonies; or, in any case falling under the proviso in paragraph (2) of this regulation, the date on which the Governor grants permission to exercise the option.

(4) If an officer has exercised the option, his decision. shall be irrevocable so far as concerns any pension ultimately to be granted to him under these regulations, except where such officer is retiring, before reaching the age at which he could ordinarily be permitted to retire, upon abolition of office or in accordance with the provisions of a scheme for accelerated retirement.

(5) An officer shall be deemed to attain pensionable status at the time when he might, if permitted to retire on the ground of infirmity of mind or body, be granted a pension.

(6) A re-employed officer or pensioner shall be deemed to have exercised, or not to have exercised, in respect of his service subsequent to re-employment, the said option, according as he exercised, or did not exercise, such option in respect of his previous service, even if, in respect of such previous service, the option was not available to him.

15. If any officer to whom a pension has been granted Case of is appointed to another office in the service of this Colony pensioner and subsequently retires in circumstances in which he may

re-employed. be granted a pension, he may be granted, in lieu of his previous pension, a pension computed as if the periods of his service had been continuous, and such pension may be based on his pensionable emoluments on his previous or final retire- ment from the service of this Colony, whichever are the greater provided that if, on his previous retirement, he was paid a gratuity and reduced pension, the gratuity to be paid to him on final retirement shall be reduced by the amount of the gratuity already paid.

1157

1158

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9

Abolition of office.

16.--(1) If an officer holding a pensionable office and having not less than ten years pensionable service is retired from the service in consequence of the abolition of his office, or for the purpose of retrenchment or of facilitating improve- ment in the organisation of the department to which he belongs by which greater efficiency or economy can be effected, he may be granted a temporary pension on condition that he shall be liable to be recalled to service in this Colony Such pension shall be at the rate of the number of seven- hundred-and-twentieths (720ths) of the officer's pensionable emoluments exceeding the number of completed months of his pensionable service by the numbers following, that is to say, where his service-

(a) is not less than twenty years

120

ten years

(b) is less than twenty years but is not less than

fifteen years

Allowance

for injured officers.

Provided that if such officer is not qualified for other employ- ment in the service of this Colony, or if there is not reason in the opinion of the Governor to expect that he can be shortly re-employed, a pension as aforesaid may be granted to him free from the said condition.

(2) If an officer holding a pensionable office and having less than ten years pensionable service is retired as mentioned in paragraph (1) of this regulation he may be granted a gratuity of one-twelfth of a month's pensionable emoluments for each month of the officer's pensionable service, with a fifty per cent. addition thereto.

(3) No pension shall be granted under this regulation exceeding in amount the pension for which the officer would have been eligible if he had continued to hold his office and if upon an incremental scale had continued to draw normal increments until he reached the age at which he might be required to retire, or in any case exceeding the limit prescribed in section 11 of the Ordinan

17.-(1) Where a person employed in the public service of this Colony has been permanently injured-

(a) in the actual discharge of his duty; and

(b) without his own fault; and

and his retirement is thereby necessitated or materially accelerated, he may be granted in respect of such injury, in addition to any pension or allowance granted under these regulations, an annual allowance at the rate of the proportion of his actual pensionable emoluments at the date of his injury appropriate to his case as shown in the following table:

Where his capacity to contribute to his support is- slightly impaired.........sixty seven-hundred-and-

impaired.....

twentieths (60/-720ths),

...one hundred and twenty seven-

hundred-and-twentieths

(120/720ths).

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

materially impaired ....one hundred and eighty seven-

hundred-and-twentieths

(180/720ths),

totally destroyed.........two hundred and forty seven-

hundred-and-twentieths

(240/720ths).

Provided that no such allowance, together with any pension granted under these regulations, shall exceed the limit prescribed in section 11 of the Ordinance.

(2) The amount of the annual allowance shall be reduced to such an extent as the Governor in Council shall think reasonable in the following cases-

(a) where the injured man has continued to serve for not less than one year after the injury in respect of which he retires;

(b) where the injured man is not less than fifty years of age at the date of the injury; or

(c) Where the injury is not the sole cause of retirement, but the retirement is caused partly by age or infirmity not due to the injury.

(3) Where the officer so injured holds a pensionable office and his length of service is not such as to qualify him for a pension, but he is qualified for a gratuity under regulation 20, he may be granted in lieu of such gratuity an annual allowance of one seven-hundred-and-twentieth (1/720th) of his pension- able emoluments for each complete month of pensionable service in addition to the allowance which may be awarded to him under this regulation.

(4) Any officer so injured, but not qualified for either a pension or a gratuity, may nevertheless be granted a pension of the same amount as the additional pension which he might have been granted if he had been so qualified.

service in

18.-(1) An officer holding a non-pensionable office who Allowances, retires in circumstances in which he might have been granted etc., for a pension had he held a pensionable office, may, if he has non-pension- continuously served in this Colony for not less than fifteen able office. years, be granted an annual allowance not exceeding three quarters of the pension which he might have been granted had he been employed in a pensionable office.

　　　　　　　　　　　　　　　　Provided that any such officer whose salary scale has a minimum of less than $420 per annum may in lieu of such allowance be granted, if he so desires, an annual allowance at the rate of three- fourths of such allowance together with a gratuity equal to ten times the amount of the annual reduction so made in the allowance.

(3) A gratuity at the rate of one month's emoluments in respect of each complete period of three years' service may be granted to the widow of any officer who has continuously

1159

1160

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9,

Transfer from pen- sionable to

held a non-pensionable office in the public service in this Colony for not less than three years and who, at the date of his death, was in receipt of a salary as defined in the Widows' and Orphans' Pension Ordinance, 1908, of less than $480 per annum.

19. Where an officer has been transferred from a pensionable office to a non-pensionable office then at the option non-pension of such officer :

able office.

Gratuity where

service

insufficient

for pension.

Gratuity when nothing else is provided.

Commuta- tion.

Conditions of pension.

(a) his service in the non-pensionable office may be reckoned as though it were service in a pensionable office at the pensionable emoluments payable to him immediately prior to such transfer; or

(b) his service in the pensionable office may be reckoned as though it were service in a non-pensionable office.

20. Every officer, otherwise qualified for a pension, who has not completed the minimum period of service qualifying for a pension, may be granted on retirement a gratuity not exceeding five times the annual amount of the pension which might have been granted if there had been no qualifying period but in calculating such annual amount no climatic addition shall be included.

21. A gratuity or annual allowance may on his retire- ment be granted to any officer holding a non-pensionable office to whom the provisions of regulation 18 do not apply or to any person paid out of an open vote who has completed ten years faithful service. The amount of any gratuity or annual allowance granted under this regulation shall be deter- mined by the Governor in Council.

22. In lieu of the grant of a pension there may, with the approval of the Governor, be granted to an officer of the lower grades of the Government Service if he intends to reside in India or in China, a capital sum equal to the amount of five annual payments, but no such capital sum shall ordinarily be paid in any case of retirement on the ground of ill-health: Provided that for the purposes of this regulation such annual payments shall be the remaining portions after deduction of the annual contribution, if any, due in respect of widows and orphans pension.

23. It shall be a condition of the grant of every pension or other allowance that the Governor in Council may cancel or reduce it if it be shown to have been obtained by the wilful suppression of material facts or to have been granted in ignorance of facts which, had they been known before the retirement of the officer, would have justified his dismissal or a reduction of his salary.

Interpreta- tion.

Part II.

SPECIAL REGULATIONS FOR OFFICERS WITH OTHER

PUBLIC SERVICE.

24. In this Part-

"Scheduled Government" means any Government or service included in the Schedule to these regulations and

HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

"Service in the group" means public service under the Government of this Colony and under a scheduled Government or Governments.

25. Subject to the succeeding regulations, the provisions Application of regulations 8, 14, 15 and 18 shall apply to the case of an

of Regula- tions in officer who has been transferred to or from the service of Part I. this Colony from or to other public service, and the provisions of regulations 2, 4, 6, 7, 9, 10 and 11 shall apply to the case of an officer so transferred as if his whole service had been in this Colony.

Provided that in the application of regulation 14 to the cases falling under the limitation of section 11 (2) of the Ordinance the words "such pension" in that regulation shall be taken to mean the amount of pension which he might have drawn from the funds of this Colony if he had not elected for a gratuity and reduced pension.

26.-(1) Where the other public service of an officer Pension has been wholly under one or more of the scheduled Govern- for service

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　wholly ments, and he has held a pensionable office in this Colony for within the a period of at least twelve consecutive months, and his ag- group. gregate service would have rendered him eligible, had it been wholly in this Colony, for a pension under the Ordinance, he may, on his ultimate retirement from the public service in circumstances in which he is permitted by the law or regula- tions of the service in which he is last employed to retire on pension or gratuity, be granted a pension from the funds of this Colony of such an amount as shall bear the same pro- portion to the amount of pension for which he would have been eligible had his service been wholly in this Colony, as the aggregate amount of his pensionable emoluments during his service in this Colony shall bear to the total amount made up of such aggregate amount together with the aggregate amount of his pensionable emoluments from any of the sche- duled Governments:

Provided that in determining the pension for which he would have been eligible if his service had been wholly in this Colony-

(a) the final pensionable emoluments shall be taken to be those of his last period of service in the group;

(b) no regard shall be had to regulations 16 and 17; (c) regard shall be had to the condition that pension may not exceed two-thirds of the highest pensionable emoluments;

Provided further that any period of other public service under any scheduled Government by which no gratuity or pension is granted to an officer shall not be taken into account either in determining the amount of pension for which he would have been eligible if his service had been entirely i the Colony, or in calculating the aggregate amount of his pensionable emoluments.

Provided further that where an officer entered the public service prior to the 1st day of January, 1930, his pension in respect of his service in this Colony may be calculated as

1161

1162 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9,

Pension

where other service uot within the group

Pension where other service

both within and not

group.

within the

Pension

where other

though any scheduled Government under which he has served had not been included in the Schedule to these regulations, if this should be to his advantage.

(2) The aggregate amount of his pensionable emoluments shall be taken as the total amount of salary which the officer would have drawn and the total amount of the other pensionable emoluments which he would have enjoyed had he been on duty on full pay in his substantive office or offices throughout the period of his service in the Colony or under any scheduled Government by which gratuity or pension is granted to him

27. Where the other public service of an officer has not included service under any of the scheduled Governments, and he has held a pensionable office in this Colony for a period of at least twelve consecutive months, and his aggregate ser- vice would have rendered him eligible, had it been wholly in this Colony, for a pension under these regulations, he may, on his ultimate retirement from the public service in circum- stances in which he is permitted by the law or regulations. of the service in which he is last employed to retire on pen- sion or gratuity, be granted a pension from the funds of this Colony at the rate of one seven-hundred-and-twentieth (1/720th) of the amount of his pensionable emoluments at the date of his transfer or retirement from the service of this Colony for each month of his pensionable service in this Colony; and in calculating such service in this Colony an addition may be made thereto which shall bear the same proportion to five years as his pensionable service in this Colony bears to the whole period of his pensionable service in tropical climates: provided that no such addition shall be made unless such officer has had. in all, ten years' pensionable service in tropical climates.

28. Where a part only of the other public service of an officer has been under one or more of the scheduled Govern- ments, the provisions of regulation 26 shall apply; but in calculating the amount of pension regard shall be had only to service in the group.

29. Where the other public service of an officer has service under not been wholly under one or more of the scheduled Govern- ments but has been in whole or in part under one or more of the following Governments, namely.

certain

Govern-

ments.

Bahamas.

Barbados.

Bermuda.

British Guiana.

British Honduras.

Falkland Islands.

Leeward Islands.

Malta.

St. Helena.

Seychelles.

Southern Rhodesia.

Turks and Caicos Islands.

Grenada.

St. Lucia. St. Vincent.

་ ་

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

public service in circumstances in which he is permitted by the law or regulations of the service in which he is last employed to retire on pension or gratuity, be granted, in lieu of the pension which might be granted under regulation 2 or 28 as the case may be, a pension from the funds of this Colony of an amount equal to the arithmetic mean between. the pension which he could have been granted from the funds of this Colony if his service had been wholly under one or more of the scheduled Governments and the pension which he would receive from the funds of this Colony in the absence of this regulation:

Provided that the pension which may be granted under this regulation shall not exceed the pension which the officer would receive from the funds of this Colony in the absence of this regulation by more than one-third of the latter.

service not

30. Where a judge of this Colony has had other public Pension of service as judge, all or part of which has not been under any Judge with of the scheduled Governments, and has held a pensionable within the office in this Colony for a period of at least twelve consecutive group. months, and he is not eligible for a pension under regulation 12 or 26 but his aggregate service in this Colony and in other public service would have rendered him eligible for a pension under regulation 12, had it been wholly in this Colony, he may, on his ultimate retirement from the public service in circumstances in which he is permitted by the law and regulations of the service in which he is last employed to retire on pension or gratuity, be granted-

either a pension at the rate of two seven-hundred-and twentieths (2/720ths) of the pensionable emoluments pay- able to him at the date of his retirement (if he ultimately retires as a judge in this Colony) or at the date of his transfer from the service of this Colony to other public service, for each month of pensionable service as judge in this Colony together with a pension for his service in this Colony in any office other than that of judge calculated under regulation 3 or 26.

or a pension calculated under regulation 27. 28 or 29.

Additional

abolition

31. Where an officer who has been transferred from other public service and whose aggregate service would have pension in rendered him eligible, had it been wholly in this Colony, for respect of a pension under these regulations, is compulsorily retired of office. from the public service in circumstances mentioned in regulation 16, he may, if at the time he is in the service of this Colony, be granted from the funds of this Colony in addition to the pension granted to him under regulation 20, 27, 28, 29 or 30, as the case may be, an additional pension equal to the additional pension which might have been granted to him if his total pensionable service had been in this Colony.

Additional

retiring on

32. Where an officer who has been transferred from other public service and whose aggregate service would have pensions to rendered him eligible, had it been wholly in this Colony, for officers a pension under these regulations, is compulsorily retired account of from the public service in circumstances mentioned in injury. regulation 17 he may, if at the time he is in the service of this Colony, be granted from the funds of this Colony the allowance allowed by that regulation, as well as the pension granted under regulation 26, 27, 28, 23 or 30, as the case may be.

1163

1164 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9,

Pension in respect of abolition of office or injury after less than twelve months'

33. Where, by reason of the fact that an officer whose case falls under regulation 31 or 32 has held a pensionable office in this Colony for less than twelve consecutive months, he is not eligible for a pension under regulation 26, 27, 28, 29 or 30, as the case may be, he may, nevertheless, if at the time of his retirement he is in the service of this Colony, be Hong Kong. granted from the funds of this Colony a pension of the same amount as the additional pension or allowance allowed by regulation 31 or 32 as the case may be.

service in

Gratuities where length of service does not qualify for pension.

Abolition of office.

Injury.

Officers transferred

to other public

34. (1) Where an officer who has been transferred to or from the service of this Colony from or to other public service retires from the public service in circumstances in which he is permitted by the law or regulations of the service in which he is last employed to retire on pension or gratuity. but has not completed in the aggregate the minimum period of service qualifying him for a pension, he may be granted from the funds of this Colony a gratuity not exceeding five times the annual amount of the pension which, if there had been no qualifying period, might have been granted to hira if his case had fallen under regulation 26, 27, 28, 29 or 30, as the case may be. But in calculating such annual amount no climatic addition shall be included.

(2) Where such an officer is compulsorily retired from the public service in circumstances mentioned in regulation 16, he may, if at the time he is in the service of this Colony, be granted a special gratuity equal to one-half of the gratuity which might have been granted to him if his total pensionable service had been in this Colony, together with the gratuity. if any, which may be granted to him under paragraph (1) of this regulation.

(3) Where such an officer is compulsorily retired from the public service in circumstances mentioned in regulation 17, he may, if at the time he is in the service of this Colony, be treated as if he had no other public service, but he shali not be granted in addition the gratuity for which he is eligible under paragraph (1) of this regulation.

35. Where an officer who is transferred to other public service is not granted a pension or gratuity in respect of his employment in the service in which he is last employed, solei by reason of the fact that he has not completed twelve month service therein, he shall not, on that account. be disqualified from receiving a pension or gratuity from the funds of this cmployment Colony, if otherwise eligible therefor.

service and retiring after less

than twelve months'

in last service.

Allowance in certain cases to

hospital

matrons and nursing- sisters, with

36. Where a European matron or a European nursing. sister has been employed in other public service as a qualified nursing-sister or matron, which employment was obtained by or through the Overseas Nursing Association, and has held a pensionable office in this Colony on or at any time after the other service. 1st day of January, 1926, as a matron or nursing-sister in a Government hospital for a period, which need not be continuous, of not less than three years, and she is not eligible for pension, gratuity or other retiring allowance under the regulations contained in Part I, but her aggregate service in this Colony and in other public service as aforesaid make up a period, which need not be continuous, of not less than fifteen years, or ten years if she is compelled by reason of ill-health, not caused by her own misconduct, to relinquish her overseas nursing career, she may, subject as hereinafter provided, on

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

her ultimate retirement from the public service be granted an allowance calculated at the rate of eight shillings and four pence (8s. 4d.) per annum for each complete month of her pensionable service in this Colony.

Provided that, except in the case of retirement, which in the opinion of the Governor in Council is ultimate re- tirement on account of infirmity of mind or body, or which is from a Colony in which the age of voluntary retirement is less than fifty years, no such allowance shall be payable until the matron or nursing-sister attains the age of fifty years; and provided further that the grant of every allowance under this regulation shall be dependent on the production to the satisfaction of the Secretary of State of certificates of satisfactory service in respect of each term of service making up the minimum period of fifteen years or ten years, as the case may be, and that the total allowance drawn by a matron or nursing-sister from all sources in respect of her nursing career shall not exceed two thirds of the highest pensionable emoluments drawn by her at any time in the course of her service in this Colony or in other public service.

certain

37. The provisions of regulations 24-34, inclusive, shall Application apply to all pensionable officers in the service of this Colony tions in on or at any time after the 1st day of April, 1927, and to Part II to all those who, having served in this Colony, have before officers. such date been transferred to other public service and were still in other public service at the said date. Provided that if the Governor in Council is satisfied that any officer to whom the said provisions apply by virtue of this regulation, has received an undertaking that he will be regarded as eligible for pension, gratuity or other allowance under conditions more favourable to him than those under the said provisions, the Governor in Council may direct that his pension, gratuity or other allowance shall be computed with due regard to such undertaking.

1165

COUNCIL CHAMBER.

9th December, 1932.

D. W. TRATMAN.

Clerk of Councils.

SCHEDULE.

[Reg. 24.]

The Governments of :-

Great Britain and Northern Ireland.

Basutoland.

Bechuanaland Protectorate.

British Solomon Islands Protectorate.

Ceylon.

}

1166

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9,

Cyprus.

Federated Malay States.

Fiji.

Gambia.

Gibraltar.

Gilbert and Ellice Islands Colony.

Gold Coast.

Jamaica.

Kenya.

Mauritius.

Nigeria.

Northern Rhodesia.

Nyasaland.

Palestine.

Sierra Leone.

Solomon Islands.

Somaliland.

Straits Settlements.

Swaziland.

Tanganyika Territory.

Trinidad.

Uganda.

Zanzibar.

The Board of Education for England and Wales.

The Crown Agents for the Colonies.

The Colonial Audit Department (Home Establishment).

The Kenya and Uganda Railways and Harbour Admin- istration.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

1167

No. 775.

Hong Kong.

Regulations made by the Governor in Council with the sanction of the Secretary of State, under section 3 of the Pensions Ordinance, 1932, Ordinance No. 21 of 1932, on the 9th day of December, 1932.

Pension Regulations B.

1. These Regulations, which may be cited as Pension Application Regulations B, shall be subject in all respects to the provisions of Pension

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　Regulations of the Pensions Ordinance, 1932, and shall apply to all officers B. to whom such provisions apply who entered the service of this Colony after the commencement of the said Ordinance or who being in the service at such commencement had not been confirmed to the permanent establishment of the Colony. They shall also apply to those who being in the service, or in other public service after transfer from the service of this Colony, at such commencement shall have elected, by written notification addressed to and received by either the Colonial Secretary in the Colony or the Crown Agents for the Colonies. on or before the thirtieth day of June, 1933, to be bound by these Regulations instead of by Pension Regulations A. Any such election shall be irrevocable.

Part I.

GENERAL REGULATIONS.

2. Subject to these regulations, service qualifying for Period of

servica pension, gratuity or other allowance, as the case may be, shall ser

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　qualifying be the inclusive period between the date from which, in re for pension, spect of any office, an officer commences to draw salary or half etc. salary from the funds of this Colony and the date of his leav- ing the service of the Colony, without deduction of any period during which he has been absent on leave.

at what

3. Every officer, other than a judge, holding a pension- Pensions to able office in this Colony, who has been in the service of this whom and Colony for not less than ten years, may on his retirement be rates to be granted a pension at the rate of one six-hundredth (1/600th) granted. of his pensionable emoluments in respect of each complete month of his pensionable service, subject to the limit prescribed in section 11 of the Ordinance.

Provided that any such officer, other than a judge, who has not completed ten years' pensionable service but who is per- mitted to retire on the ground of infirmity of mind or body, may nevertheless be granted a pension at the said rate, if-

(a) at the time of his retirement ten calendar years have elapsed from the date on which he first commenced to draw salary from the funds of this Colony, and

(b) he has been continuously in the public service in this Colony throughout such period of ten years.

1168

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9,

Pensiouable

servica

Deduction

on failure

to pass examination.

(a) the periods during which he has been on duty;

(b) any period during which he was proceeding to this Colony on first appointment and in respect of which he was paid half salary from the funds of this Colony;

(e) any period during which an officer shall have been seconded for service under a public body with the approval of the Governor in Council.

5. If an officer fails to pass such examinations as on from service his first appointment to the service of this Colony are pre- scribed for him, within the time prescribed, the period between the prescribed date for passing such examinations and the actual date of passing may, if the Governor so directs, be deducted from the officer's term of service for the purpose of computing any pension, gratuity or other allowance to be granted to him.

Service to be unbroken.

Service p: jor

to break

wher. taken into account.

Acting

service.

Non-pension- able service when to count.

6. (1) Service in respect of which pensions, gratuities, or other allowances may be granted must be unbroken, except in cases where the service has been interrupted by abolition of office or other temporary suspension of employment not arising from misconduct or voluntary resignation.

7. Where an officer has performed acting service in at Fensionable office in this Colony, the period of such service may be taken into account as pensionable service:

Provided that-

(a) the period of such acting service has not been taken into account as part of the officer's own pensionable service in other public service;

(b) this period of service is immediately followed by ser- vice in a pensionable office in this Colony.

8. Where immediately preceding service in a pension- able office there has been an unbroken period of service in a non-pensionable office or of service paid for out of an open vote, or both, the whole of such period or periods may be taken into account for the purposes of these regulations :

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932. 1169

Provided that of any period of service paid for out of an open vote only two-thirds shall be taken into account.

how

9. Any period during which an officer, absent on leave War service from this Colony, has, with the consent of the Secretary reckoned. of State or of the Governor, served with His Britannic Majesty's armed forces during the Great War, or in any other capacity connected with the state of war, may be reckoned as service on full pay for the purposes of these regulations.

seccuded for

10. Where an officer has been seconded from a pen- officers sionable office to temporary employment on the Harbour, harbour Railway Construction or other similar works under Govern- works, etc. ment control or to a non-pensionable office, the period of such temporary employment shall be reckoned for the purpose of pension, gratuity or other allowance, provided that--

(a) the officer retires in circumstances in which he would otherwise be eligible for a pension, and

11. Pensions and gratuities shall be computed-

Emoluments on which

(a) where an officer has held one office, the pensionable pensions to emoluments of which are not based on a scale of increments, be computed. for a period of not less than three years immediately pre- ceding the date of his retirement, on the pensionable emolu- ments payable to him at that date in respect of that office;

Provided that where two or more classes are subject to one time scale, they shall be treated for this purpose as cne class:

(d) in all other cases, on the average amount of the pen- sionable emoluments payable to the Officer during a period of three years immediately preceding the date of his retire-

ment:

Provided that in the case of an officer who has received promotion within three years of the date of his retirement any service in an office or class in which such officer served for a period of not less than three years shall, for the purpose

1170

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1432.

Pension of certain judges.

Officers enjoying private

practice.

Gratuity and reduced pension.

of computation under this regulation, be deemed to be ser- vice on the highest pensionable emoluments paid to such ollicer in that office or class; and provided further that when an officer has received promotion within three years of the date of his retirement his pension may be calculated as if he had not been so promoted if this should be to his advantage.

12.--(1) A judge who prior to his appointment as judge held no office in the service of this Colony and who has held the office of judge for a continuous period of not less than seven years may on his retirement be granted a pension at the rate of one hundred and eighty seven-hundred-and-twen- tieths (180/720ths) of his pensionable emoluments with an addition of two seven-hundred-and-twentieths (2/720ths) in respect of each complete month of pensionable service in excess of seven years until three hundred and forty-eight seven-hundred-and-twentieths (348/720ths) is reached and with the further addition of one seven-hundred-and-twentieth (1/720th) in respect of each complete month of such service in excess of fourteen years, subject to the limit prescribed in section 11 of the Ordinance.

either a pension at the rate of two seven-hundred-and- twentieths (2/720ths) of his pensionable emoluments in re- spect of each complete month of pensionable service as judge together with one seven-hundred-and-twentieth (1/720th) of the pensionable emoluments payable to him immediately prior to his appointment as judge in respect of each com- plete month of pensionable service prior to such appointment with an addition to such last-mentioned service of a period which shall bear the same proportion to five years as the period of his service prior to such appointment bears to his total service in the Colony;

or a pension computed at the rate prescribed in regulation

subject in either case to the limit prescribed in section 11 of the Ordinance.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

(a) In the case of an officer who has attained pensionable status--the thirtieth day of June, 1933;

(b) In the case of any other officer the thirtieth day after he first attains pensionable status, or the thirtieth day of June, 1933, whichever shall be the longer period.

(4) If an officer has exercised the option, his decision shall be irrevocable so far as concerns any pension ultimately to be granted to him under these regulations, except where such officer is retiring, before reaching the age at which he could ordinarily be permitted to retire, upon abolition of office or in accordance with the provisions of a scheme for accelerated retirement.

(5) An officer shall be deemed to attain pensionable status at the time when he might, if permitted to retire on the ground of infirmity of mind or body, be granted a pension.

15. If any officer to whom a pension has been granted Case of is appointed to another office in the service of this Colony pensioner and subsequently retires in circumstances in which he may re-employed. be granted a pension, he may be granted, in lieu of his previous pension, a pension computed as if the periods of his service had been continuous, and such pension may be based on his pensionable emoluments on his previous or final retire- ment from the service of this Colony, whichever are the greater provided that if, on his previous retirement, he was paid a gratuity and reduced pension, the gratuity to be paid to him on final retirement shall be reduced by the amount of the gratuity already paid.

1171

1172 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9,

Abolition of office.

16.-(1) If an officer holding a pensionable office and having not less than ten years pensionable service is retired from the service in consequence of the abolition of his office, or for the purpose of retrenchment or of facilitating improve- ment in the organisation of the department to which he belongs by which greater efficiency or economy can be effected, he may be granted a temporary pension on condition that he shall be liable to be recalled to service in this Colony: Such pension shall be at the rate of the number of six- hundredths (600ths) of the officer's pensionable emoluments exceeding the number of completed months of his pensionable service by the numbers following, that is to say, where his service-

(a) is not less than twenty years

Allowance

100

(b) is less than twenty years but is not less than

fifteen years

ten years

　　　　　　17.-(1) Where a person employed in the public service for injured of this Colony has been permanently injured-

(a) in the actual discharge of his duty; and

office:s.

(b) without his own fault; and

Where his capacity to contribute to his support is- slightly impaired...

impaired....

.fifty six-hundredths (50/600ths),

..one hundred six-hundredths

(100/600ths),

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932. 1173

materially impaired...........one hundred and fifty six-

hundredths (150/600ths),

totally destroyed..........

..two hundred six-hundredths

(200/600ths).

Provided that no such allowance, together with any pension granted under these regulations, shall exceed the limit prescribed in section 11 of the Ordinance.

(2) The amount of the annual allowance shall be reduced to such an extent as the Governor in Council shall think reasonable in the following cases-

(a) where the injured man has continued to serve for not less than one year after the injury in respect of which he retires;

(b) where the injured man is not less than fifty years of age at the date of the injury; or

(c) Where the injury is not the sole cause of retirement, but the retirement is caused partly by age or infirmity not due to the injury.

(3) Where the officer so injured holds a pensionable office and his length of service is not such as to qualify him for a pension, but he is qualified for a gratuity under regulation 20, he may be granted in lieu of such gratuity an annual allowance of one six-hundredth (1/600th) of his pensionable emoluments for each complete month of pensionable service in addition to the allowance which may be awarded to him under this regulation.

service in

(2) In lieu of the grant of such annual allowance under Commuta- paragraph (1) of this regulation there may be granted to such tion. officer, with the approval of the Governor, a capital sum equal to the amount of five of such annual payments, but no such capital sum shall ordinarily be paid in any case of retirement on the ground of ill-health. Provided that any such officer whose salary scale has a minimum of less than $420 per annum may in lieu of such allowance be granted, if he so desires, an annual allowance at the rate of three- fourths of such allowance together with a gratuity equal to ten times the amount of the annual reduction so made in the allowance.

(3) A gratuity at the rate of one month's emoluments in respect of each complete period of three years' service may be granted to the widow of any officer who has continuously

1174

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9,

Transfer from pen- sionable to

19. Where an officer has been transferred from a pensionable office to a non-pensionable office then at the non-pension option of such officer:

able office.

Gatuity

where service :nsufficient

ter pension.

Gratuity

lse is

provided.

(a) his service in the non-pensionable office may be reckoned as though it were service in a pensionable office at the pensionable emoluments payable to him immediately prior to such transfer; or

(b) his service in the pensionable office may be reckoned as though it were service in a non-pensionable office.

21. A gratuity or annual allowance may on his retire- when nothing ment be granted to any officer holding a non-pensionable office to whom the provisions of regulation 18 do not apply or to any person paid out of an open vote who has completed ten years faithful service. The amount of any gratuity or annual allowance granted under this regulation shall be deter- mined by the Governor in Council.

Commuta- tion.

Conditions of pension.

Interpreta- tion.

Part II.

SPECIAL REGULATIONS FOR OFFICERS WITH OTHER PUBLIC SERVICE.

24. In this Part-

"Scheduled Government" means any Government or service included in the Schedule to these regulations and

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932. 1175

"Service in the group" means public service under the Government of this Colony and under a scheduled Government or Governments.

of Regula-

25. Subject to the succeeding regulations, the provisions Application of regulations 8, 14, 15 and 18 shall apply to the case of an tions in officer who has been transferred to or from the service of Part I. this Colony from or to other public service, and the provisions of regulations 2, 4, 6, 7, 9, 10 and 11 shall apply to the case of an officer so transferred as if his whole service had been in this Colony.

service

group.

26.-(1) Where the other public service of an officer Pension for has been wholly under one or more of the scheduled Govern- wholly ments, and he has held a pensionable office in this Colony for within the a period of at least twelve consecutive months, and his ag- gregate service would have rendered him eligible, had it been wholly in this Colony, for a pension under the Ordinance. he may, on his ultimate retirement from the public service in circumstances in which he is permitted by the law or regula- tions of the service in which he is last employed to retire on pension or gratuity, be granted a pension from the funds of this Colony of such an amount as shall bear the same pro- portion to the amount of pension for which he would have been eligible had his service been wholly in this Colony, as the aggregate amount of his pensionable emoluments during. his service in this Colony shall bear to the total amount made up of such aggregate amount together with the aggregate amount of his nonsionable emoluments from any of the sche- duled Governments:

Provided that in determining the pension for which he would have been eligible if his service had been wholly in this Colony-

(a) the final pensionable emoluments shall be taken to be those of his last period of service in the group;

(b) no regard shall be had to regulations 16 and 17; (c) regard shall be had to the condition that pension may not exceed two-thirds of the highest pensionable emoluments;

Provided further that any period of other public service under any scheduled Government by which no gratuity or pension is granted to an officer shall not be taken into account either in determining the amount of pension for which he would have been eligible if his service had been entirely in the Colony, or in calculating the aggregate amount of his pensionable emoluments.

Provided further that where an officer entered the public service prior to the 1st day of January, 1930, his pension in respect of his service in this Colony may be calculated as

1176 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9,

Pension where other service not within the group.

Pension

where other service

both within and not

within the group.

Pension

where other

though any scheduled Government under which he has served had not been included in the Schedule to these regulations, if this should be to his advantage.

certain

Govern-

ments.

Bahamas.

Barbados.

Bermuda.

British Guiana.

British Honduras.

Falkland Islands.

Leeward Islands.

Malta.

St. Helena.

Seychelles.

Southern Rhodesia.

Turks and Caicos Islands.

Grenada.

St. Lucia.

St. Vincent.

and the officer has held a pensionable office in this Colony for a period of at least twelve consecutive months, and his aggregate service would have rendered him eligible, had it been wholly in this Colony, for a pension under these regulations, he may, on his ultimate retirement from the public service in circumstances in which he is permitted by the law or regulations of the service in which he is last employed to retire on pension or gratuity, be granted, in lieu of the pension which might be granted under regulation 27 or 28 as the case may be, a pension from the funds of this Colony of an amount equal to the arithmetic mean between the pension which he could have been granted from the funds of this Colony if his service had been wholly under one or

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932. 1177

more of the scheduled Governments and the pension which

he would receive from the funds of this Colony in the absence of this regulation:

Pension of

group.

30. Where a judge of this Colony has had other public Judge with service as judge, all or part of which has not been under any service not of the scheduled Governments, and has held a pensionable within the office in this Colony for a period of at least twelve consecutive months, and he is not eligible for a pension under regulation 12 or 26 but his aggregate service in this Colony and in other public service would have rendered him eligible for a pension under regulation 12, had it been wholly in this Colony, he may, on his ultimate retirement from the public service in circumstances in which he is permitted by the law and regulations of the service in which he is last employed to retire on pension or gratuity, be granted-

or a pension calculated under regulation 27, 28 or 29.

pension in

of office.

31. Where an officer who has been transferred from Additional other public service and whose aggregate service would have respect of rendered him eligible, had it been wholly in this Colony, for abolition a pension under these regulations, is compulsorily retired from the public service in circumstances mentioned in regulation 16, he may, if at the time he is in the service of this Colony, be granted from the funds of this Colony in addition to the pension granted to him under regulation 26, 27, 28, 29 or 30, as the case may be, an additional pension equal to the additional pension which might have been granted to him if his total pensionable service had been in this Colony.

Additional

32. Where an officer who has been transferred from pensions to other public service and whose aggregate service would have officers rendered him eligible, had it been wholly in this Colony, for account of a pension under these regulations, is compulsorily retired injury. from the public service in circumstances mentioned in regulation 17 he may, if at the time he is in the service of this Colony, be granted from the funds of this Colony the allowance allowed by that regulation, as well as the pension granted under regulation 26, 27, 28, 29 or 30, as the case may be.

respect of

mjury after

33. Where, by reason of the fact that an officer whose Pension in case falls under regulation 31 or 32 has held a pensionable abolition of office in this Colony for less than twelve consecutive months, office or he is not eligible for a pension under regulation 26, 27, 28, 29 less than or 30, as the case may be, he may, nevertheless, if at the twelve time of his retirement he is in the service of this Colony, be service in granted from the funds of this Colony a pension of the same Hong Kong. amount as the additional pension or allowance allowed by regulation 31 or 32 as the case may be.

months'

簿

1178

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER

Gratuities

where length of service does not qualify tor pension.

Abolition of office.

Injury.

Officers transferred to other public

service and

retiring after less

than twelve months' employment in last service.

Allowance

in certain cases to

hospital

matrons and nursing- sisters, with

34. (1) Where an officer who has been transferred to or from the service of this Colony from or to other public service retires from the public service in circumstances in which he is permitted by the law or regulations of the service in which he is last employed to retire on pension or gratuity, but has not completed in the aggregate the minimum period of service qualifying him for a pension, he may be granted from the funds of this Colony a gratuity not exceeding five times the annual amount of the pension which, if there had been no qualifying period, might have been granted to him if his case had fallen under regulation 26, 27. 28. 29 or 30, as the case may be.

(2) Where such an officer is compulsorily retired from the public service in circumstances mentioned in regulation. 16, he may, if at the time he is in the service of this Colony, be granted a special gratuity equal to one-half of the gratuity which might have been granted to him if his total pensionable service had been in this Colony, together with the gratuity, if any, which may be granted to him under paragraph (1) of this regulation.

13) Where such an officer is compulsorily retired from the public service in circumstances mentioned in regulation 17, he may, if at the time he is in the service of this Colony, be treated as if he had no other public service, but he shali not be granted in addition the gratuity for which he is eligible under paragraph (1) of this regulation.

35. Where an officer who is transferred to other public service is not granted a pension or gratuity in respect of his employment in the service in which he is last employed, solely by reason of the fact that he has not completed twelve months' service therein, he shall not, on that account, be disqualified from receiving a pension or gratuity from the funds of this Colony, if otherwise eligible therefor.

36. Where a European matron or a European nursing- sister has been employed in other public service as a qualified. nursing-sister or matron, which employment was obtained by or through the Overseas Nursing Association, and has held a pensionable office in this Colony on or at any time after the other service. 1st day of January, 1926, as a matron or nursing-sister in a Government hospital for a period, which need not be continuous, of not less than three years, and she is not eligible for pension, gratuity or other retiring allowance under the regulations contained in Part I, but her aggregate service in this Colony and in other public service as aforesaid make up a period, which need not be continuous, of not less than fifteen years, or ten years if she is compelled by reason of ill-health, not caused by her own misconduct, to relinquish her overseas nursing career, she may, subject as hereinafter provided, on her ultimate retirement from the public service be granted an allowance calculated at the rate of eight shillings and four pence (8s. 4d.) per annum for each complete month of her pensionable service in this Colony.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

until the matron or nursing-sister attains the age of fifty years; and provided further that the grant of every allowance under this regulation shall be dependent on the production to the satisfaction of the Secretary of State of certificates of satisfactory service in respect of each term of service making up the minimum period of fifteen years or ten years, as the case may be, and that the total allowance drawn by a matron or nursing-sister from all sources in respect of her nursing career shall not exceed two thirds of the highest pensionable emoluments drawn by her at any time in the course of her service in this Colony or in other public service.

certain

37. The provisions of regulations 24-34, inclusive, shall Application apply to all pensionable officers in the service of this Colony tions in

of regula- on or at any time after the 1st day of April, 1927, and to Part 11 to all those who, having served in this Colony, have before officers such date been transferred to other public service and were still in other public service at the said date. Provided that if the Governor in Council is satisfied that any officer to whom the said provisions apply by virtue of this regulation, has received an undertaking that he will be regarded as eligible for pension, gratuity or other allowance under conditions more favourable to him than those under the said provisions, the Governor in Council may direct that his pension, gratuity or other allowance shall be computed with due regard to such undertaking.

1179

COUNCIL CHAMBER,

9th December, 1932.

D. W. TRATMAN,

Clerk of Councils.

SCHEDULE.

[Reg. 24.]

The Governments of :-

Great Britain and Northern Ireland.

Basutoland.

Bechuanaland Protectorate.

British Solomon Islands Protectorate.

Ceylon.

Cyprus.

Federated Malay States.

Fiji.

Gambia.

Gibraltar.

1180

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 98

Gilbert and Ellice Islands Colony.

Gold Coast.

Jamaica.

Kenya.

Mauritius.

Nigeria.

Northern Rhodesia.

Nyasaland.

Palestine.

Sierra Leone.

Somaliland.

Straits Settlements.

Swaziland.

Tanganyika Territory.

Trinidad.

Uganda.

Zanzibar.

The Board of Education for England and Wales.

The Crown Agents for the Colonies.

The Colonial Audit Department (Home Establishment).

The Kenya and Uganda Railways and Harbour Admin- istration.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

LEGISLATIVE COUNCIL.

No. 776.

LEGISLATIVE COUNCIL, No. 18.

Thursday, 1st December, 1932, at 2.30 p.m.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir WILLIAM PEEL, K.C.M.G., K.B.E.).

His Excellency the General Officer Commanding the Troops, (Major-General JAMES

WALTER SANDILANDS, C.B., C.M.G., D.S.O.).

The Honourable the Colonial Secretary, (Mr. WILFRID THOMAS SOUTHORN, C.M.G.).

the Attorney General, (Mr. CHALONER GRENVILLE ALABASTER, K.C.,

O.B.E.).

the Secretary for Chinese Affairs, (Mr. ALAN EUSTACE WOOD).

the Colonial Treasurer, (Mr. EDWIN TAYLOR).

2.9

Mr. EDWARD DUDLEY CORSCADEN WOLFE, C.M.G., (Inspector General

of Police).

Commander GEORGE FRANCIS HOLE, R.N. (Retired), (Harbour Master). Dr. ARTHUR ROBARTES WELLINGTON, (Director of Medical and Sanitary

Services).

Mr. RICHARD MCNEIL HENDERSON, (Acting Director of Public Works). Sir HENRY EDWARD POLLOCK, Kt., K.C.

Mr. WILLIAM EDWARD LEONARD SHENTON.

Mr. José PEDRO BRAGA.

Mr. Ts'o SEEN-WAN, O.B.E., LL.D.

Mr. JOHN JOHNSTONE PATERSON.

Mr. CHAU TSUN-NIN.

Mr. WILLIAM HENRY BELL.

Mr. ROLAND ARTHUR CHARLLS NORTH, (Deputy Clerk of Councils).

ABSENT:

The Honourable Mr. ROBERT HORMUS KOTEWALL, C.M.G., LL.D.

1. The Council met pursuant to adjournment. His Excellency the Governor

occupied the Chair.

1181

1182

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

MINUTES.

2. The Minutes of the Meeting held on the 10th November, 1932, were confirmed.

PAPERS.

3. The following papers were laid on the table :-

Notification under section 90 of the Public Health and Buildings Ordinance, 1903,-Closing of the Mount Caroline Cemetery,. Section D, dated 5th November, 1932.

Order made by the Governor in Council under Regulation No. 25 of the

Emergency Regulations, dated 20th October, 1932.

Rescission of the Regulation made by the Governor in Council under section 3 of the Importation and Exportation Ordinance, 1915, Ordinance No. 32 of 1915, dated 15th November, 1932.

REPORT OF THE FINANCE COMMITTEE.

4. The Colonial Secretary laid on the table the Report of the Finance Committee

(No. 12), dated the 16th November, 1932, and moved its adoption. The Colonial Treasurer seconded.

Question-put and agreed to.

MOTIONS.

5. The Colonial Treasurer moved :-

That this Council approves the further expenditure of $290,000 on the Vehicular Ferry during the financial year 1932 which sum shall be met from a future loan and shall meanwhile be charged as an advance from the surplus balances of the Colony.

The Colonial Secretary seconded.

Question-put and agreed to.

6. The Attorney General moved :----

That the amendment to the Markets By-laws made by the Sanitary Board under section 16 of the Public Health and Buildings Ordinance, 1903, on the 8th day of November, 1932, be approved.

The Colonial Secretary seconded.

Question-put and agreed to.

7. Magistrates Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled An Ordinance to consolidate and amend the law relating to the jurisdiction of magistrates and the procedure and practice before magistrates in relation to offences punishable on summary conviction and to indictable offences and for other purposes."

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

1183

S. Registration of United Kingdom Patents Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to consolidate and amend the law relating to the Registration of United Kingdom Patents.'

The Colonial Secretary seconded. Question-put and agreed to.

Bill read a first time.

9. Protection of Women and Girls Amendment Bill.-The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to amend the Protection of Women and Girls Ordinance, 1897." The Colonial Secretary seconded.

Question--put and agreed to.

Bill read a first time.

10. Summary Offences Bill.--The Attorney General addressed the Council and moved the First reading of a Bill intituled "An Ordinance to amend and consolidate the law relating to Summary Offences.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

11. Opium Amendment Bill.-The Attorney General moved the Second reading of

the Bill intituled "An Ordinance to amend the Opium Ordinance, 1932." The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

12. Police Force Bill.-The Attorney General moved the Second reading of the Bill intituled "An Ordinance to consolidate and amend the law relating to the establishment and regulation of the Police Force."

The Colonial Secretary seconded.

Question--put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

13. Prisons Bill. The Attorney General moved the Second reading of the Bill intituled "An Ordinance to consolidate and amend the law relating to Prisons."

The Colonial Secretary seconded.

1184

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9,

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

14. Companies Bill. -The Attorney General moved that clause 123 of the Bill be recommitted to Committee in order to insert three words which had fallen

out of the marginal note.

The Colonial Secretary seconded.

Question-put and agreed to.

Council in Committee on the clause.

The words "Contents of balance' were inserted before the word "sheet

the marginal note.

sheet" in

On Council resuming, the Attorney General reported the clause 123 had passed through Committee with an immaterial amendment and moved that the Bill be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

ADJOURNMENT.

15. The Council then adjourned until Thursday, the 8th day of December, 1932,

at 2.30 p.m.

Confirmed this 8th day of December, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

W. PEEL,

Governor.

　　　No. 777.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the KING, to the following Ordinances passed by the Legislative Council:-

Ordinance No. 40 of 1932.-An Ordinance to amend and consolidate the law

relating to Summary Offences.

Ordinance No. 41 of 1932.-An Ordinance to consolidate and amend the law relating to the jurisdiction of magistrates and the procedure and practice before magistrates in relation to offences punishable on summary conviction and to indictable offences and for other purposes.

Ordinance No. 42 of 1932.-An Ordinance to consolidate and amend the law relating to the Registration of United Kingdom Patents.

Ordinance No. 43 of 1932.-An Ordinance to amend the Protection of Women

and Girls Ordinance, 1897.

1184

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9,

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

14. Companies Bill. -The Attorney General moved that clause 123 of the Bill be recommitted to Committee in order to insert three words which had fallen

out of the marginal note.

The Colonial Secretary seconded.

Question-put and agreed to.

Council in Committee on the clause.

The words "Contents of balance' were inserted before the word "sheet

the marginal note.

sheet" in

On Council resuming, the Attorney General reported the clause 123 had passed through Committee with an immaterial amendment and moved that the Bill be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

ADJOURNMENT.

15. The Council then adjourned until Thursday, the 8th day of December, 1932,

at 2.30 p.m.

Confirmed this 8th day of December, 1932.

R. A. C. NORTH,

Deputy Clerk of Councils.

W. PEEL,

Governor.

　　　No. 777.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the KING, to the following Ordinances passed by the Legislative Council:-

Ordinance No. 40 of 1932.-An Ordinance to amend and consolidate the law

relating to Summary Offences.

Ordinance No. 42 of 1932.-An Ordinance to consolidate and amend the law relating to the Registration of United Kingdom Patents.

Ordinance No. 43 of 1932.-An Ordinance to amend the Protection of Women

and Girls Ordinance, 1897.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

HONG KONG.

1185

No. 40 OF 1932.

I assent.

W. PEEL,

L.S.

Governor.

9th December, 1932.

An Ordinance to amend and consolidate the law relating to

Summary Offences.

[9th December, 1932.]

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Summary Offences Short title. Ordinance, 1932.

2. In this Ordinance :-

(a) "Lawful authority" extends to and denotes any per- mission which may be lawfully given by a public officer or department or by a private person.

(b) Where no specific description is given of the owner- ship of any property, the word "property" shall be taken to apply to all such property of the kinds specified, whether owned by the Crown, by a public department or by a private

person.

(c) "Public officer," or "Public department," extends to and includes the Governor and every officer or department invested with or performing duties of a public nature, whether under the immediate control of the Governor or not.

(d) "Public place" includes all piers, thoroughfares, streets, roads, lanes, alleys, courts, squares, archways, water-

passages, paths, ways and places to which the public have access either continuously or periodically, whether the same are the property of the Crown or of private persons.

Nuisances, trespasses and similar offences.

Inter- pretation.

3. Every person shall be liable to a fine not exceeding Nuisances two hundred and fifty dollars who without lawful authority in public

or excuse :

(1) throws or lays, or causes or knowingly permits to be thrown or laid, any carrion, dirt, soil, straw or dung, or any other filth, rubbish or noisome or offensive matter whatsoever, on any public place, or on any Government property unless with the consent of a public officer, or on any private property unless with the consent of the owner and of the occupier (if any), of such private property; or into any well, stream, watercourse, ford or reservoir, or

into any

any drain

drain or

committed

places, etc.

1186

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER

sewer; or permits or suffers any such noisome or offensive substance as aforesaid to remain exposed in any drain, sewer or elsewhere, opposite to or in the immediate neighbourhood of his house; or allows any accumulation of filth or offensive substances within the premises occupied by him, or in any manner defiles or pollutes any well, stream or watercourse used by any of the inhabitants of the Colony or

Colony or for the supplying with water of ships resorting thereto;

(2) obeys any call of nature on any road or in any public, exposed, or other improper place;

(3) sets out or leaves, or causes to be set out or left, any matter or thing which obstructs, incommodes or endangers, or may obstruct, incommode or endanger, any person or vehicle in any public place:

(4) exposes anything for sale in or upon, or so as to hang over, any street, road or footway, or on the outside of any house, shop or other building; or sets up or continues any pole, blind, awning, line or other projection from any win- dow, parapet or other part of any house, shop or other building so as to cause any annoyance or obstruction in any public place;

encroaches on any public place or Crown land by erecting any building, either on or projecting over the same, or constructs any spout which projects water thereon,

(6) being the occupier or owner of any house, building or other erection, neglects to repair or remove the same when in a ruinous or unsafe state, and when it endangers or may endanger the passers-by in any public place;

(7) rides or drives on any foot-path without obvious necessity; or in any public place rides or drives recklessly or negligently or at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case; or, when passing or meeting another ridden or driven animal or vehicle, does not keep to the customary side of the road;

(8) leads any horse or other large animal, or draws or propels any vehicle, truck or barrow upon any footpath, or fastens any horse or other large animal so that it can stand across or upon any footpath; or allows any horse or cattle to wander upon or into any public place;

(9) in any public place, to the annoyance of the inhabitants or passers-by, kills or slaughters or exposes for show or sale (except in a market lawfully appointed for that purpose), or feeds or fodders, any horse or other animal; or shoes, bleeds or farries any horse or other animal (except in case of accident); or turns loose, cleans, dresses, exercises. trains or breaks any horse or other animal; or cleans, makes or repairs any part of any vehicle, except in case of accident where repair on the spot is necessary;

(10) keeps any dog accustomed to annoy neighbours or passers-by by barking or otherwise; or suffers to be at large any unmuzzled ferocious dog or other animal; or sets on or urges any dog or other animal to attack, worry or put in fear any person or animal; or keeps any animal or bird which is a source of annoyance to any neighbour by reason of any noise made by such animal or bird;

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

(11) upon any public footway rolls or carries any barrel, cask, butt or other thing calculated to annoy or incommode passers-by, except for the purposes of housing it or of loading any vehicle on the other side of the footway;

(12) in, near or adjoining any public place wantonly or unnecessarily blows any horn, heats any gong or drum or makes any other noise calculated to annoy or alarm any person or to frighten any horse or other animal;

(13) wantonly or negligently discharges any firearm, or throws or discharges any stone or other missile, or makes any bonfire, or throws or sets fire to any firework, to the damage or danger of any person;

(14) kindles, discharges or lets off any firework without the permission of the Secretary for Chinese Affairs or a District Officer; unless it be in accordance with permission given by the Governor signified by a Notification published in the Gazette;

(15) in any public street or road plays any musical instrument or beats any drum or gong without the permission. of the Secretary for Chinese Affairs or a District Officer; unless it be in accordance with permission given by the Governor signified by a Notification published in the Gazette. This paragraph is not to apply to music reasonably performed in connection with funerals or marriages, or to music. performed in connection with their duties by members of the naval, military, air, volunteer, police or police reserve forces;

(16) in any public place organises, equips or takes part in any procession without the permission of the Secretary for Chinese Affairs or a District Officer; unless it be in accordance with permission given by the Governor signified by a Notification published in the Gazette. This paragraph is not to apply to funeral or marriage processions or to pro- cessions undertaken in connection with their duties by members of the naval, military, air, volunteer, police or police reserve forces or of the Boy Scouts or Girl Guides Organiza- tions: Provided always that every procession shall conform to the regulation of traffic by any police officer on duty;

(17) in any public place posts up or exhibits, or causes. to be posted up or exhibited, any notice or proclamation in the Chinese language without the permission of the Secretary for Chinese Affairs or a District Officer. This paragraph is not to apply to Government notices;

(18) organises or takes part in any public meeting, not being a meeting solely for religious worship, held without the permission of the Inspector General of Police;

(19) disturbs any inhabitant by pulling or ringing any door-bell, or by knocking or striking at any door without lawful excuse; or extinguishes the light of any lamp;

(20) plays at any game or pastime to the annoyance of the inhabitants or passers by; or plays at any game or loiters in any public place, so as to obstruct the same or create a noisy assembly therein;

1187

1188

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER

Offences by carriers of night-soil

(21) indecently exposes his person by bathing or other- wise near any public place or dwelling-house: Provided that. no person who in the opinion of the magistrate is under the age of 16 years shall be guilty of an offence under this paragraph by reason only of his bathing unclothed;

(22) uses, exercises or follows, in or upon any premises, or any part of any premises, held under a lease from the Crown, in breach of any covenant in such lease, the trade or business of a brazier, glass-blower, slaughterman, soap-maker sugar-baker, fellmonger, melter of tallow, oilman, butcher, distiller, victualler or tavern-keeper, blacksmith, nightman, scavenger, or any other noisy, noisome or offensive trade or business whatever, without the previous licence of IIis Majesty signified in writing by the Governor or other person duly authorised in that belialf;

(23) wilfully or negligently in or near any public place drops or allows to fall any building material or other thing to the damage or danger of any person;

(24) forms any trench, opening or other obstruction in any public place, or fails to fence off and properly watch and light any trench, opening or other obstruction in any public place;

(25) does any act whereby injury or obstruction, whether directly or consequentially, may accrue to a public place or to the shore of the sea, or to navigation, mooring or anchorage, transit or traffic;

(26) trespasses or allows any beast to trespass upon or in any messuage, tenement, cemetery or land vested in or under the control or management of any public officer or department whatsoever;

(27) deposits any earth, stones or other materials on Crown land without a permit from the

　　　permit from the Director of Public- Works or from a District Officer;

(28) rakes or picks over any refuse deposited in or upon any public place, vacant land or refuse depot, or in any dust bin, dust box, dust basket or dust cart standing in or upon any public place, vacant land or refuse depot, or removes any portion of any refuse so deposited.

4.--(1) Every person shall be liable to a fine not exceed- ing fifty dollars who within any district to which any Scaveng- and pigwash. ing and Conservancy By-laws apply :--

(a) places in or upon or conveys along or across any public place any excretal matter except between the hours of midnight and 6 a.m. and except in strong substantial buckets with closely fitting covers and of such pattern as may be approved by the Sanitary Board;

(b) places in or upon or conveys along or across any public place any pigwash except between midnight and 9 a.m. and except in strong substantial buckets with closely fitting covers and of such pattern as may be approved by the Sanitary Board; or conveys such pigwash in any boat or vessel except in such buckets or, if in bulk, in water-tight tarred holds with closely fitting hatches;

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

(c) empties, discharges, deposits or places any excretal matter or pigwash in, over or upon any gully, drain, sewer or any inlet thereto;

(d) empties, discharges, deposits or conveys any excretal matter in or to any place other than a conservancy boat;

(e) brings any excretal matter from any premises or place situated outside any district to which this section applies to any premises or place situated within any such district;

(f) after removal of any pigwash from any premises emp- ties, discharges, places or conveys it in or to any place except a licensed pigsty.

(2) In this section "excretal matter" shall include urine and nightsoil.

stone.

5. Every person shall be liable to a fine not exceeding Dressing two hundred and fifty dollars who, in any public place or in any place adjacent thereto, contrary to any regulations made by the Governor in Council, rough-dresses of causes to be rough-dressed granite or any other stone whatever for the erection of any building or for any other purpose.

cries for

selling.

6. Every person shall be liable to a fine not exceeding Street twenty-five dollars who uses or utters cries for the purpose buying or of buying or selling any article whatsoever, or who makes any noise whatsoever with the object of disposing of or attracting attention to his goods, wares or trade, except in any district or place in which licensed hawkers are not prohibited by regulation of the Governor in Council from so doing.

7. Every person shall be liable to a fine not exceeding Other two hundred and fifty dollars who:-

(1) erects any shed or house of matting or other inflammable material so as in case of fire to endanger any neighbouring building;

(2) without the consent of the owner or occupier affixes any poster or other paper against or upon any building, wall, fence or paling; or writes upon, soils, defaces or marks any building, wall, fence or paling with chalk or paint or in any other way whatsoever; or wilfully breaks, destroys or damages any part of any building, wall, fence or paling, or any fixture or appendage thereof;

(3) keeps a house or other building for the occupation or resort of prostitutes, to the annoyance of any person inhabiting or residing near thereto;

(4) assembles together with other persons in the night- time without lawful excuse; or seeing any such illegal assemblage, or knowing or having reason to suspect that such assemblage has taken place or is about to take place, does not give immediate notice thereof to the nearest police station or to some officer of police;

(5) being employed as a private guard or watchman, sleeps on his post or is negligent, remiss or cowardly in the execution of his duty; or

(6) wantonly or cruelly ill-uses or causes suffering to any animal or bird, domestic or otherwise.

offences against good order.

1189

1190

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER

Other nuisances in the

nature of trespass or damage.

(cf. secs. 23-28 of No. 5 of 1865.)

Ord. No. 6 of 1865.

Occupying etc. Crown

land without a licence.

Alteration of ship with a view to

smuggling, etc.

8. Every person shall be liable to a fine not exceeding two hundred and fifty dollars or to imprisonment for any termi not exceeding three months who, without lawful authority or

excuse:

(a) fells, cuts, uproots, breaks, injures or destroys any standing or growing tree, sapling, shrub, underwood, plant, fruit, vegetable, grass-sod or turf, wherever growing and whether the same is the property of the Crown or of any private person (except in any case where such offence is proved to have been committed with felonious intent);

(b) cuts, breaks, throws down or in any wise destroys or damages any fence, paling, stile, gate or bridge, or any part thereof, or any wall or bank or any part thereof, other than such walls and banks as are specified in section 25 of the Malicious Damage Ordinance, 1865.

9.-(1) No person shall, except under and in accordance with a current licence or permit from the Director of Public Works or from a District Officer, occupy or continue to occupy, or erect or maintain any structure whatsoever upon, or place or maintain any thing upon or in, any land which is not held under lease from the Crown.

(2) Upon the conviction of any person of an offence against the provisions of sub-section (1), it shall be lawful for a magistrate, in lieu of or in addition to any penalty which he may impose, by order to authorise the forcible eviction of any person from the land and the demolition of any structure erected thereon and the removal of any thing placed thereon or therein.

(3) If the offender cannot be ascertained or cannot be found or does not appear, it shall be lawful for a magistrate, upon proof of any contravention of the provisions of sub- section (1), to make any such order as he might have made upon the conviction of the offender.

(4) Every person who contravenes any of the provisions of this section shall be liable to a fine not exceeding two hundred and fifty dollars, and shall also be liable to pay the cost of the demolition of any structure or the removal of any thing demolished or removed under an order made under this section.

10. (1) Every person who alters in any way the construction of any ship or of any part thereof or any fittings therein, with a view to the unlawful possession, storage or conveyance of arms, ammunition, opium, dangerous drugs or any other article or substance, shall be liable to a fine not exceeding one thousand dollars and to imprisonment for any term not exceeding one year.

(2) Every person who without lawful authority or excuse alters in any way the construction of any ship or of any part thereof or any fittings therein, shall, until the contrary is proved, be deemed to have done so with a view to the unlawful possession, storage and conveyance of some article.

(3) It shall be sufficient in any prosecution under this section to allege that the accused altered the construction of the ship or of some part thereof or of some fitting therein with a view to the unlawful possession, storage or conveyance of some article, without specifying any particular article or substance.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932. 1191

(cf. s. 17 of

11. Every female who being in any public place or Females place of public resort, or being on any verandah or at any immoral

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　soliciting for window or doorway over or opening on to any public place, purpose. solicits any person for any immoral purpose or behaves No. 4 of indecently shall be liable to a fine not exceeding two hundred 1897). and fifty dollars or to imprisonment for any term not exceeding three months.

12.-(1) No person shall utter any shouts or cries or Shouts make other noises while playing the game known as "Chai- while

playing Mui" within the hours prescribed for any district or place by Chai-Mui. regulation of the Governor in Council,

(2) Every person who contravenes the provisions of this section shall be liable to a fine not exceeding ten dollars: Provided that, where such contravention takes place in any restaurant or common lodging-house, the keeper or other person having or appearing to have the care or management thereof, either alone or with others, shall be liable to the same penalty.

noise at

to disturb

13.-1) No person shall, between sunset and 6 a.m., Making make or cause or permit to be made or caused any noise night whatsoever calculated to disturb or interfere with the public calculated tranquillity or calculated to disturb or annoy any person: public Provided always that in the case of funerals and marriages tranquillity. it shall be lawful to play ceremonial music of a moderately quiet character from which the reed-pipe, cymbals and other specially noisy instruments are excluded, but in no case shall such music be played between the hours of midnight and 6 a.m.

(2) Every person who contravenes any of the provisions of this section shall be liable to a fine not exceeding one hundred dollars.

or servant

direction

(3) If it appears to the magistrate that the person so Watchman offending acted as watchman or servant of the proprietor or making occupier of any dwelling-house, warehouse, or other out- noise by house, office or premises, or of the inhabitant or person in of pro- charge thereof, or by or with the direction, knowledge, prietor of dwelling- sanction, sufferance or permission of such proprietor or house, etc. occupier or of such inhabitant or person in charge as aforesaid, it shall be lawful for the magistrate to dismiss the charge as against the watchman or servant or person acting as such and to summon forthwith before him the proprietor or occupier, or inhabitant or person in charge aforesaid, and being satisfied that he did so direct, sanction, suffer or permit the making of the said noise, to impose a fine on such proprietor or occupier, or inhabitant or person in charge aforesaid, not exceeding one hundred dollars.

4) When such noise as aforesaid is made in or upon any dwelling-house or premises, if it is impracticable or difficult to apprehend, discover or identify the person so making it, it shall be lawful for a magistrate, on information thereof, to summon before him the proprietor or occupier, or inhabitant or person in charge, of such dwelling-house or premises, and if it appears that such noise was made by the direction or with the knowledge, sanction, sufferance or permission of the proprietor, occupier, inhabitant or person in charge, to impose on him a fine not exceeding one hundred dollars.

Liability of proprietor of dwelling-

house.

1192

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER

Destruction of rabid

dogs and animals.

Firing near dwelling- house or road.

Offences

relating to vessels, seamen and

merchandise.

(5) This section shall not apply to such districts or areas as the Governor in Council may direct by notification in the Gazette.

14.-(1) It shall be lawful for any officer of police to destroy any dog or other animal reasonably suspected to be in a rabid state, or which has been bitten by any dog or animal reasonably suspected to be in a rabid state

(2) The owner of any such dog or animal who permits the same to go at large, after having information or reasonable ground for believing it to be in a rabid state, or to have been bitten by a dog or other animal in a rabid state, shall be liabie to a fine not exceeding two hundred and fifty dollars or to imprisonment for any term not exceeding three months.

15. Every person who without lawful authority or excuse discharges any cannon or firearm within two hundred yards of any dwelling house or any motor road to the annoyance of any inhabitant or passer by, and who, after being warned of such annoyance, again so discharges any such weapon shall be liable to a fine not exceeding one hundred dollars.

16. Every person shall be liable to a fine not exceeding two hundred and fifty dollars or to imprisonment for any term not exceeding three months who:--

(1) knowingly takes in exchange from any seaman or other person, not being the owner or master of any vessel, anything belonging to any vessel or any part of the cargo of any such vessel, or any stores or articles in charge of the owner or master of any such vessel;

(2) for the purposes of protecting or preventing anything whatsoever from being lawfully seized on suspicion of its being stolen or otherwise unlawfully obtained, or of preventing the same from being produced or made to serve as evidence concerning any felony or misdemeanor committed or supposed to have been committed frames or causes to be framed any bill of parcels containing any false statement in regard to the name or abode of any alleged vendor, the quantity or quality of any such thing, the place whence or the conveyance by which the same was furnished, the price agreed upon or charged for the same or any other particular, knowing such statement to be false; or fraudulently produces such bill of parcels, knowing the same to have been fraudulently framed;

(3) hores, pierces, breaks, cuts open or otherwise injures any cask, box or package containing wine, spirits or other liquors on board any ship, boat or vessel, or in or upon any warehouse, wharf, quay or bank, with intent feloniously to steal or otherwise unlawfully obtain any part of the contents thereof; or unlawfully or with intent to destroy evidence of any offence drinks or wilfully spills or allows to run to waste any part of the contents thereof; or

(4) wilfully causes to be broken, pierced, started, cut, torn or otherwise injured any cask, chest, bag or other package containing any goods, while on board of any barge, lighter or other craft, or at any quay, creek, wharf or landing-

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

place adjacent to the same, or on the way to or from any warehouse, with intent that the contents of such package or any part thereof may be spilled or dropped from such package.

land-mark.

17. Every person who without lawful authority cr Removing excuse removes or carries away any stone or stake driven into the ground as a land-mark or for the purpose of defining or marking the boundaries of any lot or parcel of ground, shall be liable to a fine not exceeding two hundred and fifty dollars or to imprisonment for any term not exceeding three months.

weapon, etc.,

18. Every person who has in his possession any spear, Possession bludgeon or other offensive weapon, or any crowbar, pick- of offensive lock, skeleton-key or other instrument fit for unlawful with intent. purposes, with intent to use the same for any such unlawful purpose, or is unable to give a satisfactory account of his possession thereof, shall be liable to a fine not exceeding two hundred and fifty dollars or to imprisonment for any term not exceeding three months.

or provoking

19. Every person who behaves in a riotous, noisy or Behaving disorderly manner, or uses any profane or indecent language riotously or any threatening, abusive or insulting words or behaviour. breach of with intent to provoke a breach of the peace or whereby a peace.

ach of the peace may be occasioned, or who makes any speech tending directly or indirectly, whether by inference, suggestion, allusion, metaphor, implication or otherwise. to encourage or incite any person to interfere with the main- tenance of law and order, shall be liable to a fine not exceeding two hundred and fifty dollars or to imprisonment for any term not exceeding three months.

20. Every person, not being an officer of police, who:- Improper

possession

lothing or

(1) has in his possession any article being part of the of arms or clothing, accoutrements or appointments supplied to any assumption officer of police and is not able satisfactorily to account for of character, his possession thereof; or

(2) puts on the dress, or takes the name, designation or character of any officer of police for the purpose of thereby obtaining admission into any house or other place, or of doing or procuring to be done any act which any such officer would be entitled to do or procure to be done of his own authority, or for any other unlawful purpose, shall, in addition to any other punishment to which he may be liable for such offence, be liable to a fine not exceeding two hundred dollars.

of police officer.

21. Every person shall be liable to a fine not exceeding Suspected two hundred and fifty dollars or to imprisonment for any term persons and not exceeding three months who:--

(1)

is found between sunset and 6 a.m. loitering in any highway, yard or other place, and who cannot give a satis factory account of himself;

loiterers.

(2) is found at any time in or upon any dwelling-house, 5 Geo. 4, warehouse, stable, garage, outhouse, private enclosure or c. 83, s. 4. garden for any unlawful purpose; or

1193

1194

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9,

34 & 35 Vict.

c. 112, s. 15.

c. 59, s. 7.

to a

(3) being a suspected person or reputed thief is found at any time loitering in, at or upon, or frequenting, any river, 54 & 55 Vict. navigable stream, dock or basin, or any quay, wharf or ware- house near or adjoining thereto, or any public place or place of public resort, or any street or highway or any place adjaceut a street or highway, with intent to commit felony : Provided that in proving intent to commit felony under this paragraph it shall not be necessary to show that the person suspected was guilty of any particular act or acts tending to show his purpose or intent, and he may be convicted if, from the circumstances of the case and from his known character as proved to the magistrate before whom he is brought, it appears to such magistrate that his purpose was to commit felony.

Tower to apprehend in certain

cases.

Drunken-

ness.

22. Every person found committing any offence pun'sh- able under this Ordinance may be apprehended by the owner of the property on or with respect to which the offence is committed, or by his servant or any person authorised by him, and may be detained until he can be delivered into the custody of an oflicer of police to be dealt with according to law.

23. (1) Every person shall be liable to a fine not exceed ing twenty-five dollars who is found drunk in any public place or on any premises licensed under any Ordinance relating to liquor licences.

(2) Every person shall be liable to a fine not exceeding one hundred dollars or to imprisonment for any term not exceeding two months who while drunk behaves in a riotous or disorderly manner in any public place.

(3) Every person shall be liable to a fine not exceeding one hundred dollars or to imprisonment for any term not exceeding two months who is found drunk while in charge of any vehicle (other than a motor vehicle), or of any horse, in any public road or street.

(4) Every person shall be liable to a fine not exceeding two hundred and fifty dollars and to imprisonment for any term not exceeding six months who is found drunk while driving or being otherwise in charge of any motor vehicle.

(5) For the purposes for sub-sections (3) and (4) a person shall be deemed to have been drunk if he was so much under the influence of alcohol as to have lost control of his faculties to such an extent as to render him unable to execute safely the occupation on which he was engaged at the time in question

(6) Every person shall be liable to a fine not exceeding two hundred and fifty dollars and to imprisonment for any term not exceeding six months who is found drunk while in possession of any loaded firearm or of any firearm and any ammunition therefor. For the purposes of this sub-section a person shall be deemed to have been drunk if he was so much under the influence of alcohol as to have lost control of his faculties to such an extent as to render him unable to handle a firearm safely at the time in question.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932. 1195

suspected

stolen

24. Every person who is brought before a magistrate Persons charged with having in his possession or conveying in any of having manner anything which may be reasonably suspected of or conveying having been stolen or unlawfully obtained, and who does not property. give an account, to the satisfaction of the magistrate, how he 2 & 3 Vict. came by the same, shall be liable to a fine not exceeding two c. 71, s. 24. hundred and fifty dollars or to imprisonment for any term not exceeding three months.

Occupier in

offences.

25. Where any offence under paragraphs (1), (3), (13) Liability of or (14) of section 3 is committed at, on or from any pre- the case mises, the person in actual occupation of such premises of certain shall be liable to the same penalty as the actual offender, unless the actual offender shall first have been prosecuted to conviction Provided that if a dwelling-house is let out in flats nothing in this section shall have the effect of imposing liability on any person other that the occupier of the flat at. on or from which the offence was committed.

Sith.etc.,

26.-(1) It shall be lawful for the Inspector General Removal of of Police to require any person whose duty it may be to and recovery remove any filth or obstruction, or to do any other matter of expenses. or thing required to be done by this Ordinance, to do so within a certain time to be then fixed by the said officer, and, in default of such requisition being complied with, the officer shall cause to be removed such filth or obstruction or do or cause to be done such other matter or thing as aforesaid.

(2) It shall be lawful for the magistrate by whom any person has been convicted of an offence in respect of any such filth or obstruction to order such offender, in addition to the penalities hereinbefore imposed, to pay such sum of money for defraying the expenses of such removal, or of doing such other matter or thing, as to the magistrate may seem just and reasonable; and the sum so ordered shall be recoverable in the manner hereinafter provided for the recovery of penalties imposed by this Ordinance.

27. All summary proceedings under this Ordinance may Summary be had on the information of any complainant.

proceedings.

liability of

or action.

28. Nothing in this Ordinance shall be construed to Saving of prevent any person from being indicted or from being offender to proceeded against by indictment or information for any indictment offence made punishable on

　punishable on summary conviction by this Ordinance, or to prevent any person from being liable to be proceeded against by action for any hurt or damage caused by him: Provided, nevertheless, that no person he punished twice for the same offence, and provided that no compensation has been awarded for such hurt or damage.

by lawful

29. Nothing in this Ordinance shall operate to the Acts done restraint or punishment of any act or thing done under or authority. sanctioned by lawful authority, but in every case the proof of such lawful authority shall lie on the person alleging the

same.

30. Every offence against the provisions of this Ordin- Recovery of ance or of any Regulation made thereunder shall be punishable penalties. on summary conviction; and the penalties imposed by this Ordinance or by any Regulation made thereunder shall be recoverable according to the provisions of any Ordinance regulating the summary jurisdiction of magistrates.

1196 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932,

Regulations.

Repeal of Ordinances No. 1 of

31.-(1) The Governor in Council may make regulations for the issue of permits under section 3, for the dressing of stone under section 4, for the control of noises under sections 12 and 13 and generally for the better carrying out of the provisions of this Ordinance.

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

32. The Summary Offences Ordinance, 1845, the Sum- mary Offences Amendment Ordinance, 1924, the Summary 1845. No. 10 Offences Amendment Ordinance, 1930, and the Summary Offences Amendment Ordinance, 1931, and sections 19, 20. 21, 22, 23 and 24 of the Malicious Damage Ordinance, 1865, are repealed.

of 1924,

No. 22

of 1930,

No. 15 of 1931, and

certain

sections of No. 6 of 1865.

Commence-

ment.

33. This Ordinance shall come into force on the first day of January, 1933.

Passed the Legislative Council of Hong Kong, this 8th day of December, 1932.

R. A. C. NORTH, Deputy Clerk of Counci's.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

1197

HONG KONG.

No. 41 OF 1932.

I assent.

W. PEEL,

L.S.

Governor.

9th December, 1932.

An Ordinance to consolidate and amend the law relating to the jurisdiction of magistrates and the procedure and practice before magistrates in relation to offences punish- able on summary conviction and to indictable offences and for other purposes.

[9th December, 1932.]

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the Magistrates Short title. Ordinance, 1932.

Preliminary.

2. In this Ordinance,

(a) 'Appellant" means the party appealing under Part Interpreta- VI from a decision of a magistrate.

(b) "Civil debt" means any sum of money claimed to be due which is recoverable before a magistrate on complaint and not on information.

(d) "The court" means the Supreme Court.

(e) "Fine" includes any pecuniary penalty or pecuniary forfeiture or pecuniary compensation payable under a con- viction or order.

(f) "Indictable offence" means any crime or offence for which a magistrate is authorised or empowered or required to commit the accused person to prison for trial before the

court.

(g) "Indictment" includes an information in the court.

(h) "Magistrate" includes two magistrates where two magistrates sit together.

tion.

(i) "The magistrates' clerk" includes (where there is 42 & 43 Vict. more than one) either or any of such clerks or such other c. 49, s. 48. person as a magistrate directs to do anything required by this Ordinance to be done by the magistrates' clerk.

() "Party" includes the Crown and also any person ag- grieved within the meaning of section 100 or section 105.

(k) "Prescribed" means prescribed or provided by any 42 & 43 Vict. enactment which relates to any offences, penalties, fines, costs, c. 49, s. 49.

sums of money, orders, proceedings or matters to the punish- ment, recovery, making or conduct of which this Ordinance expressly or impliedly applies or may be applied.

1198

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

cf. Ord. 31 of 1911,

s. 39 B (14). and the

Prisons

Ordinance, 1932, ss. 2 and 3.

Saving of special procedure.

Use of forms.

First Schedule.

Police magistrates.

Marine

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

(m) "The Registrar" means the Registrar of the Supreme

Court.

(n) "Respondent" means the opposite party whose in- terest conflicts with the interest of any person appealing within the meaning of section 100 or section 105.

(o) "Sum adjudged to be paid by a conviction" and "sum adjudged to be paid by an order", respectively, include any costs adjudged to be paid by the conviction or order, as the case may be, of which the amount is ascertained by such conviction or order.

3. Nothing in this Ordinance shall affect any special pro- cedure provided in any Ordinance not hereby repealed.

4.-(1) The forms in the First Schedule or forms to the like effect, with such variations or additions as circumstances may require, shall be deemed good, valid and sufficient in law.

(2) Reference to the forms in the said Schedule is made in connexion with the subjects to which they respectively relate by the insertion in the margin of references to the said forms.

PART I.

CONSTITUTION OF MAGISTRATES.

5. (1) There shall be either one or more magistrates, who shall be justices of the peace by virtue of their office, and shall have and exercise all such powers and jurisdiction as were vested in police magistrates before the commencement of this Ordinance, except as altered or repealed by this or any other Ordinance; and whenever by any past Ordinance or statute in force in the Colony any proceeding, act or thing is authorised to be taken or done by a justice or justices of the peace, the same may be taken or done by one magistrate.

(2) The Governor may appoint magistrates from time to time and any such magistrate so appointed shall be capable of exercising all the powers and jurisdiction of a magistrate even though he has been appointed to some other office sub- sequently to his appointment as such magistrate.

6. The Harbour Master, the Deputy Harbour Master and magistrates. the Assistant Harbour Master shall each of them be a marine magistrate, who, without prejudice to any other jurisdiction, power or authority possessed by a marine magistrate, shall have the power and authority of a magistrate to hear and determine cases of assault and assault and battery where there is no intent to commit a felony; and the provisions of this Ordinance in relation to the procedure before a magistrate in such cases shall apply mutatis mutandis to cases before a marine magistrate.

Powers of justices of

the peace,

etc.

7.--(1) In every case where a magistrate may issue a warrant for the apprehension of any person, it shall be lawful for a justice of the peace, on the application of a police officer and on oath being made before him substantiating the matter of the information to his satisfaction, to issue such warrant in order that such person may be brought before a magistrate to be dealt with according to law.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

(2) It shall be lawful for the Governor as occasion may require to direct that any two justices of the peace, sitting together, shall have the powers and jurisdiction that a magis- trate has by this Ordinance, and thereupon all the provisions of this or any other enactment relating to proceedings before a magistrate shall apply mutatis mutandis to the proceedings before such justices. Such direction shall name a place where the said justices are to sit.

PART II.

PROCEDURE IN RESPECT OF SUMMARY OFFENCES.

defendant

thereof.

8. (1) In every case where a complaint is made to or Issue of an information laid before a magistrate in respect of which summons to the magistrate has power to convict summarily or to make an and mode order for the payment of money or otherwise, it shall be of service lawful for the magistrate to issue his summons to the person 11 & 12 Vict. against whom the complaint has been made or information c. 43, s. 1. laid, stating shortly the matter of the complaint or information First and requiring him to appear at a certain time and place be- Schedule. fore a magistrate to answer to the complaint or information Form No. 1. and to be further dealt with according to law.

(2) Every such summons shall be served by a constable, usher or other officer in a magistrate's court on the person to whom it is so directed by delivering the same to him personally or by leaving the same with some person for him at his last or most usual place of abode; and the constable or other officer who serves the same shall attend before a magistrate at the time and place mentioned in the summons to depose, if necessary, to the service of the summons: Provided always that nothing herein contained shall oblige a magistrate to issue a summons in any case where the defendant appears voluntarily or upon his recognizance or is in the custody of the police or charged on the charge sheet, and that it shall be lawful for a magistrate in any such event to hear and determine the case in all respects as if the defendant had appeared in answer to a summons.

case of

or in first

9.-(1) If the person so served with a summons does not Issue of appear before a magistrate at the time and place mentioned warrant in in the summons, and it is made to appear to the magistrate disobedience by oath that the summons was so served within what is to summons deemed by the magistrate to be a reasonable time before the instance. time therein appointed for appearing to the same, then it shall be lawful for the magistrate to issue his warrant to First apprehend the person so summoned, and to bring such person Schedule. before him or another magistrate to answer to the said com- plaint or information and to be further dealt with according to law; or, on such information being laid as aforesaid, the magistrate before whom the information has been laid may, on oath being made before him substantiating the matter of the information to his satisfaction, instead of issuing such summons as aforesaid, issue in the first instance his warrant for apprehending the person against whom the information has been laid, and for bringing him before a magistrate to First answer to the said information and to be further dealt with Form No. 3. according to law.

(2) In any case where a summons is so issued as aforesaid, if, on the day and at the place appointed in and by the sum- mons for the appearance of the party so summoned, such party fails to appear accordingly in obedience to the summons,

Schedule.

1199

1200

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

Manner of making complaint or laying informa-

tion.

then and in every such case, if it is proved upon oath to a magistrate that the summons was duly served on such party a reasonable time before the time so appointed for his appea- rance as aforesaid, it shall be lawful for the magistrate to proceed ex parte to the hearing of the complaint or informa- tion, and to adjudicate thereon as fully and effectually to all intents and purposes as if such party had personally appeared before him in obedience to the summons.

10.-(1) Every complaint and every information under this Part, unless some Ordinance or statute otherwise requires, may respectively be made or laid without any oath being made of the truth thereof; except in case of an information where 11 & 12 Vict. the magistrate receiving the same thereupon issues his warrant c. 43, s. 10.

in the first instance to apprehend the defendant as aforesaid; and in every such case where the magistrate issues his warrant in the first instance the matter of the information shall be substantiated by the oath of the informant, or of some witness. on his behalf, before any such warrant shall be issued.

Place and manner of hearing.

c. 43, s. 12.

(2) Every such complaint shall be for one matter of com- plaint only, and not for two or more matters of complaint; and every such information shall be for one offence only, and not for two or more offences.

(3) Every such complaint or information may be made or laid by the complainant or informant in person or by his counsel or other person authorised in that behalf.

11. (1) The room or place in which a magistrate sits to hear and try any complaint or information shall be deemed 11 & 12 Vict. an open and public court, to which the public generally may have access, so far as the same can conveniently contain them, unless the magistrate otherwise directs where the evidence is of an indecent character, in which case he shall make a note on the depositions of the direction which he has given.

Non- appearance and

appearance

of parties, and procedure thereon.

11 & 12 Vict. c. 43, s. 13.

(2) The party against whom the complaint is made or information laid shall be admitted to make his full answer and defence thereto and to have the witnesses examined and cross-examined by counsel on his behalf; and every com- plainant or informant in any such case shall be at liberty to conduct the complaint or information respectively and to have the witnesses examined and cross-examined by counsel on his behalf.

12.--(1) If, at the time and place appointed in and by the summons aforesaid for hearing and determining the complaint or information as aforesaid, the defendant against whom the same has been made or laid does not appear when called, the constable or officer who has served him with the summons in that behalf shall then declare upon oath in what manner he served the summons, and if it appears, to the satis- faction of the magistrate, that he duly served the summons, the magistrate may proceed to hear and determine the case in the absence of the defendent, or the magistrate, on the non-appearance of the defendant as aforesaid, may issue his Form No. 12. Warrant in manner herein before directed, and shall adjourn the hearing of the complaint or information until the defendant is apprehended; and when the defendant is afterwards appre- hended under the warrant, he shall be brought before a magis- trate, who shall thereupon either by his warrant commit the defendant to prison or some other place of security or, if he thinks fit, verbally to the custody of the police officer who

First Schedule.

THE HONG KONG GOVERMENT GAZETTE, DECEMBER 9, 1932.

has apprehended him or to such other safe custody as he may deem fit, and order the defendant to be brought up at a cer- tain time and place before a magistrate, of which said order the complainant or informant shall have due notice.

(2) If, at the time and place so appointed, the defendant attends voluntarily in obedience to the summons in that behalf served on him or is brought before a magistrate by virtue of any warrant, then, if the complainant or informant, having had such notice as aforesaid, does not appear by himself or his counsel, the magistrate shall dismiss the complaint or in- formation, unless for some reason he thinks proper to adjourn the hearing of the same unto some other day, on such terms as he may think fit, in which case he may commit the defendant in the meantime to prison or some other place of security or to such custody as the magistrate may think fit, or may discharge him on his entering into a recognizance, with or without a surety or sureties, at the discretion of the magis- Schedule. trate, conditioned for his appearance at the time and place to Form No. 5. which the hearing is so adjourned.

First

(3) If the defendant does not afterwards appear at the time and place mentioned in the recognizance, the magistrate First then present shall certify on the back of the recognizance the Schedule. non-appearance of the defendant, and may declare the same to be forfeited in manner hereinafter provided, and may also issue his warrant for the apprehension of the defendant.

(4) If both parties appear, either personally or by their respective counsel, before a magistrate who is to hear and determine the complaint or information, then the magistrate shall proceed to hear and determine the same.

Form No. 7.

11 & 12 Vict.

13.--(1) Where the defendant is present at the hearing Proceedings the substance of the complaint or information shall be stated at hearing. to him, and he shall be asked if he has any cause to show c. 43, s. 14. why he should not be convicted or why an order should not be made against him, as the case may be, and if he thereupon admits the truth of the complaint or information and shows no cause or no sufficient cause why he should not be con- victed or why an order should not be made against him, as the case may be, then the magistrate shall convict him or make an order against him accordingly; but if he does not admit the truth of the complaint or information as aforesaid, then the magistrate shall proceed to hear upon oath the complainant or informant and such witnesses as may be produced in support of the complaint or information, and also to hear the defendant and such evidence as may be adduced in defence; and also to hear and examine such other witnesses as the complainant or informant may examine in reply, if the defendant or his counsel has examined any wit- nesses or given any evidence other than as to the defendant's general character.

(2) The magistrate, having heard what each party has to say and the witnesses and evidence so adduced, shall con- sider the whole matter and determine the same, and shall con- vict or make an order against the defendant or dismiss the Schedule. complaint or information, as the case may be.

(3) If the magistrate convicts the defendant or makes an order against him, a minute or memorandum thereof shall then be made (for which no fee shall be paid), and the conviction or order shall afterwards be drawn up by the magistrate in

First

Form No. 25.

1201

1202

THE HONG KONG GOVERNMENT GATE DECEMBER 9, 1932.

First Schedule

Form No. 39.

Adjourn. ment of hearing and procedure thereon.

11 & 12 Vict. c. 43, s. 16.

proper form under his hand and seal, and he shall cause the same to be lodged with the magistrates' clerk, who shall re- gister the same as hereinafter provided

(4) If the magistrate dismisses the complaint or informa- tion, it shall be lawful for him, if he thinks fit, on being requir- ed to do so, to make an order of dismissal of the complaint or information, and he shall give the defendant in that behalf a certificate thereof, which said certificate shall be a bar to any subsequent complaint or information for the same matters respectively against the same party.

14.--(1) Before or during the hearing of any complaint or information as aforesaid, it shall be lawful for a magistrate in his discretion to adjourn the hearing of the same to a certain. time and place to be then appointed and stated in the presence and hearing of the party or parties, or their respective counsel, and in the meantime the magistrate granting and making such adjournment may suffer the defendant to go at large, or may commit him to prison or some other place of security or to such other safe custody as the magistrate may think fit, or may discharge the defendant on his entering into a recognizance, with or without a surety or sureties, at the discretion of the magistrate, conditioned for his appearance at the time and place to which the hearing or further hearing is adjourned: Provided always that in every case where a defendant is dis- charged on recognizance as aforesaid, and does not afterwards Nos. 4 and 5. appear at the time and place mentioned in the recognizance, the magistrate then present shall certify on the back of the recognizance the non-appearance of the defendant, and may Form No. 7. declare the same to be forfeited in manner hereinafter provid- ed, and may forthwith issue his warrant for the apprenhension of the defendant.

First Schedule. Forms

First Schedule.

(2) If, at the time and place to which the hearing or further hearing is so adjourned, the complainant or informant does not appear, either personally or by counsel, the magistrate then present may dismiss the complaint or information, with or without costs, as to the magistrate may seem fit; and if, at the time and place aforesaid, the defendant does not ap- pear, either personally or by counsel, the magistrate may issue his warrant for the apprehension of the defendant, and may adjourn the proceedings for such time as he may think re- quisite.

Provisions as to

witnesses.

c. 43, s. 7.

General.

15. (1) If it is made to appear to a magistrate, by the cath of any credible person, that any person within the Colony

11 & 12 Vict. is likely to give material evidence on behalf of the complainant or informant or defendant, and will not voluntarily appear for the purpose of being examined as a witness at the time and place appointed for the hearing of the complaint or information. as aforesaid, the magistrate shall issue his summons to such person, under his hand and seal, requiring him to be and Form No. 8. appear at a time and place mentioned in the summons before a magistrate to testify what he knows concerning the matter of the complaint or information.

First Schedule.

(2) If any person so summoned refuses or neglects to appear at the time and place appointed by the summons and no just excuse is offered for such refusal or neglect, then, after proof upon oath that the summons was served on such

THE HONG KONG GOVERAMENT GAZETTE, DECEMBER 9, 1932. 1203

person, either personally or by leaving the same for him with some person at his last or most usual place of abode, and that a reasonable sum (where, in the opinion of the magistrate, necessary) was paid or tendered to him for his costs or expen-

Schedule.

ses in that behalf, it shall be lawful for the magistrate before First whom such person should have appeared to issue a warrant, Form No. 9. under his hand and seal, to bring and have such person at a time and place to be therein mentioned before a magistrate to testify as aforesaid.

Schedule.

(3) If the magistrate is satisfied, by evidence upon oath, that it is probable that such person will not attend to give First evidence without being compelled to do so, then, instead of Form No. 10. issuing a summons, it shall be lawful for him to issue his warrant in the first instance.

as to Witness

be sworn

or answer.

(4) If any person having come before a magistrate Provisions whether voluntarily or in obedience to a summons or having been brought before him by warrant or otherwise shall refuse retusing to to be sworn or having been sworn shall without just excuse refuse to answer such questions as shall be put to him con- First cerning the premises, the magistrate may, by warrant under Schedule. his hand and seal, order him to be imprisoned, without hard Form No. 11. labour, for any time not exceeding two months unless he in the meantime shall consent to be sworn and to answer concerning the premises, or he may impose upon such person a fine not exceeding twenty dollars.

order

ments.

16. The powers contained in sections 15 and 72 enabling Power to a magistrate to issue a summons to any witness to attend to production give evidence before a magistrate shall be deemed to include of docu- the power to summon and require a witness to produce to such 4 & 5 Geo. 5, magistrate books, plans, papers, documents, articles, goods c. 58, s. 29. and things likely to be material evidence on the hearing of any charge, information or complaint, and the provisions of those sections relating to the neglect or refusal of a witness, without just excuse, to attend to give evidence, or to be sworn, dule. or to give evidence, shall apply accordingly, and a magistrate Forms shall have power to vary or add to the forms in the First Nos. 8, 9, Schedule accordingly.

First

Schedule.

10 and 11.

between

c. 43, s. 9.

17. (1) In every case of an information for any offence Variance punishable on summary conviction any variance between the information information and the evidence adduced in support thereof as and evidence. to the time at which the offence or act is alleged to have been 11 & 12 Vict. committed shall not be deemed material, if it is proved that such information was in fact laid within the time limited by law for laying the same; and any variance between the information and the evidence adduced in support thereof as to the place in which the offence or act is alleged to have been committed shall not be deemed material, provided that the offence or act is proved to have been committed within the jurisdiction of the magistrate by

by whom the information is heard and

determined.

(2) If any such variance, or any variance in any other respect between the information and the evidence adduced in support thereof, appears to the magistrate present and acting at the hearing to be such that the party charged by the information has been thereby deceived or misled, it shall be lawful for the magistrate, on such terms as he may think fit, to adjourn the hearing of the case to some future day, and in the meantime to commit the defendant to prison or some

1204

THE HONG KONG GOVERNMENT A

First Schedule.

Form No. 5.

First Schedule. Form No. 7.

Description of property of partners

in complaint

or informa- tioni

11 & 12 Vict.

c. 43, s. 4.

Complaint

for order to

pay money need not be in writing.

11 & 12 Vict. c. 43, s. 8.

Limit of time for

complaint or information. 11 & 12 Vict. c. 43, s. 11.

Prohibition of objection for want of form.

11 & 12 Vict. c. 43, s. 1.

DEC BER 91932.

into a

place of security or to such other custody as the magistrate may think fit, or to discharge him on his entering into recognizance, with or without a surety or sureties, at the discretion of the magistrate, conditioned for his appearance at the time and place to which the hearing is so adjourned: Provided always that in every case in which a defendant is so discharged on recognizance as aforesaid and does not after- wards appear at the time and place mentioned therein, the magistrate then present shall certify on the back thereof the non-appearance of the defendant, and may declare the same to be forfeited in the manner hereinafter provided, and may also forthwith issue a warrant for the apprehension of the defendant.

18.(1) In any complaint or information or the pro- ceedings thereon in which it is necessary to state the owner- ship of any property belonging to or in the possession of part- ners, joint tenants, parceners or tenants in common, it shall be sufficient to name one of such persons and to state the pro- perty to belong to the person so named and another or others, as the case may be; and whenever in any complaint or in- formation or the proceedings thereon it is necessary to mention for any purpose whatsoever any partners, joint tenants, parce- ners or tenants in common, it shall be sufficient to describe them in manner aforesaid.

(2) Whenever in any complaint or information or the proceedings thereon it is necessary to state the ownership of any public work or building maintained or repaired at the public expense or any materials or tools provided for the repair of public highways, roads, buildings, gates, bridges, lamps, boards, stones, posts, fences or other things erected or provided for such highways, roads, buildings, gates, bridges, lamps, boards, stones, posts and fences, or of any reservoirs, conduits, sewers, drains or other public works or property of whatsoever description, it shall be sufficient to describe such property as the property of the Crown.

19. In any case of a complaint upon which a magistrate may make an order for payment of money or otherwise, it shall not be necessary that such complaint shall be in writing unless it is required to be so by the Ordinance or statute upon which such complaint is framed.

20. In any case of an offence other than an indictable offence where no time is limited by any Ordinance or statute for making any complaint or laying any information in respect of such offence, such complaint shall be made or such informa- tion laid within six months from the time when the matter of such complaint or information respectively arose.

21. No objection shall be taken or allowed to any com- plaint, information or summons for any alleged defect therein in substance or in form, or for any variance between such complaint, information or summons and the evidence adduced. in support thereof, and the adjudicating magistrate shall in all cases give judgment upon the substantial merits and facts of the case as proved before him, and convict the defendant of any offence of which he may appear to have been guilty; but if any such variance appears to the magistrate to be such that the party so summoned and appearing has been thereby deceived or misled, it shall be lawful for the magistrate, on such terms as he may think fit, to adjourn the hearing of the case to some future day.

THE HONG KO

ENT GAZETTE, DECEMBER 9, 1932. 1205

and order.

22. (1) In every case of a conviction

conviction where

where no Form of particular form of such conviction is given by the Ordinance conviction or statute creating the offence or regulating the prosecution 11 & 12 Vict. for the same, and in every case of a conviction upon any past e. 43, s. 17. Ordinance or statute, whether any particular form of First conviction is therein given or not, it shall be lawful for the Forms Nos. magistrate who so convicts to draw up his conviction in such 14-21. one of the forms of convictions in the First Schedule as may he applicable to such case or to the like effect.

Schedule.

(2) Where an order is made, and no particular form of order is given by the Ordinance or statute giving authority to make such order, and in every case of an order to be made under the authority of any past Ordinance or statute, whether any particular form of order is therein given or not, it shall be lawful for the magistrate by whom such order is to be made to First. draw up the same in such one of the forms of orders in the Forms Nos. First Schedule as may be applicable to such case or to the like 22-32. effect.

Schedule.

declaration

of hand-

23. In a proceeding before a magistrate, without pre- Proof by judice to any other mode of proof, service on a person of any of service of summons, notice, process or document required or authorised process and to be served, and the handwriting and seal of a magistrate or writing, other officer or person on any warrant, summons, notice, pro- etc. cess or document, may be proved by a solemn declaration 42 & 43 Vict. taken before a justice of the peace; and any declaration pur- First porting to be so taken shall, until the contrary is proved, be Schedule. sufficient proof of the statements contained therein, and shall Forms Nos. be received in evidence in any court or legal proceedings with- out proof of the signature or official character of the person or persons taking or signing the same.

24. (1) Every warrant to apprehend a defendant in o'der that he may answer to any complaint or information shall be under the hand and seal of the magistrate issuing the same, and may be directed either to any constable by name or generally to all the constables within the Colony.

(2) It shall state shortly the matter of the complaint or information on which it is founded, and shall name or other- wise describe as far as practicable the person against whom it has been issued, and it shall order the person to whom it is dir- ected to apprehend the defendant and to bring him before a magistrate to answer to the complaint or information, and to be further dealt with according to law.

(3) It shall not be necessary to make the warrant return- able at any particular time, but the same may remain in full force until it is executed.

(4) The warrant may be executed by apprehending the defendant at any place within the Colony or the waters there- of; in every case where the warrant is directed to all con- stables within the Colony, it shall be lawful for any constable to execute the warrant in like manner as if it were directed specially to such constable by name: Provided always that no objection shall be taken or allowed to any warrant to appre- hend a defendant so issued on any such complaint or informa- tion as aforesaid under or by virtue of this Ordinance for any alleged defect therein in substance or in form, or for any variance between it and the evidence adduced on the part of the complainant or informant; but if any such variance appears to the magistrate at the hearing to be such that the party ap prehended has been thereby deceived or misled, it shall be

c. 49, s. 41.

36 and 37.

Form and execution of 11 & 12 Vict. c. 43, s. 3.

warrant, etc.

1206

THE HONG KONG GOVERNMENT GA

First

Form No. 5.

lawful for the magistrate, on such terms as he may think fit, to adjourn the hearing of the case to some future day, and in the meantime to commit the defendant to prison or some place of security or to such other custody as the magistrate may think fit, or to discharge him on his entering into a recogniz- Schedule, ance, with or without a surety or sureties, at the discretion of the magistrate, conditioned for his appearance at the time and place to which the hearing is so adjourned: Provided also that in every case where a defendant is discharged on recognizance as aforesaid and does not afterwards appear at the time and place mentioned therein, the magistrate then pre- sent shall certify on the back thereof the non-appearance of the defendant and may declare the same to be forfeited, and may also forthwith issue a warrant for the apprehension of the defendant.

First Schedule.

Non-

avoidance of

summons or

warrant by death of magistrate.

42 & 43 Vict.

c. 49, s. 37.

Bail of

person

arrested

without

warrant.

42 & 43 Vict. c. 49, s. 38.

First Schedule. Form No. 5.

Provisions as to proceedings,

etc.

11 & 12 Vict.

c. 43, s. 14;

25. Any warrant or summons issued by a magistrate under this under this or any other Ordinance or statute shall not be avoided by reason of the magistrate who signed the same dying or ceasing to hold office.

26. A person taken into custody for an offence without a warrant shall be brought before a magistrate as soon as prac- ticable after he is so taken into custody, and if it is not or will not be practicable to bring him before a magistrate within forty-eight hours after he is so taken into custody, a super- intendent or inspector of police or other officer in charge of any police station shall inquire into the case, and, except where the offence appears to such superintendent, inspector or offi- cer to be of a serious nature, shall discharge the prisoner, on his entering into a recognizance, with or without sureties, for a reasonable amount, to appear before a magistrate at the day, time and place mentioned therein.

27. The following provisions shall apply to proceedings before magistrates:-

(1) the description of any offence in the words of the Ordinance or statute or any order, by-law, regulation or other 42 & 43 Vict. document creating the offence, or in similar words, shall be

sufficient in law;

c. 49, s. 39.

(2) any exception, exemption, proviso, excuse or quali- fication, whether it does or does not accompany in the same section the description of the offence in the Ordinance or statute, order, by-law, regulation or other document creating the offence, may be proved by the defendant, but need not be specified or negatived in the complaint or information, and if so specified or negatived no proof in relation to the matter so specified or negatived shall be required on the part of the complainant or informant;

(3) a warrant of commitment shall not be held void by reason of any defect therein, if it is alleged that the offender has been convicted or ordered to do or to abstain from doing any act or thing required to be done or left undone, and there is a good and valid conviction or order to sustain the same;

(4)

4) a warrant of distress shall not be deemed void by reason only of any defect therein, if it is therein alleged that

THE HONG KONG GOVERMENT GAZETTE, DECEMBER 9, 1932.

a conviction or order has been made, and there is a good and valid conviction or order to sustain the same, and a person act- ing under a warrant of distress shall not be deemed a trespasser ab initio by reason only of any defect in the warrant or of any irregularity in the execution of the warrant; but this enactment shall not prejudice the right of any person to satisfaction for any special damage caused by any defect in or irregularity in the execution of a warrant of distress; and

(5) all goods forfeited by order of a magistrate may be sold in such manner as the magistrate may direct.

28.-(1) In all proceedings under this Part the magistrate Minute of at the hearing shall take or cause to be taken in writing a full proceedings. minute, so far as circumstances permit, of the following schedule.

matters:

(a) the nature of the complaint or information;

(b) the names of the complainant, informant or pro- secutor, and of the defendant, and of the respective witnesses on either side;

(d) objections to the admissibility of evidence and whether the same have been allowed or disallowed; and

(e) the fines, if any, paid into court.

(2) The minute shall, immediately after the close of the case, be handed to the magistrates' clerk for safe custody.

First

Form No. 13.

29.-(1) The magistrates' clerk shall keep a register of Register of the minutes or memoranda of all the convictions and orders cases. of the magistrate and of such other proceedings as are directed 42 & 43 Vict. by the rules in the Second Schedule to be registered, and shall c. 49, s. 29. keep the same in Form No. 60 in the First Schedule and with Schedule. the particulars prescribed in the said rules or form.

(2) The register, and also any extract from the register certified by the clerk keeping the same to be a true extract, shall be prima facie evidence of the matters entered therein for the purpose of informing a magistrate, but nothing in this section shall dispense with the legal proof of a previous con- viction for an offence when required to be proved against a person charged with another offence.

(3) The entries relating to each minute, memorandum or proceeding shall contain the name of the magistrate before whom the conviction, order or proceeding referred to therein was made or had.

(4) Every sum paid to the magistrates' clerk in accordance with this Ordinance, and the appropriation of such sum, shall be entered and authenticated in the manner directed by the rules in the Second Schedule.

(5) Every such register shall be open for inspection, with- out fee or reward, by a magistrate or by any person authoris- ed in that behalf by a magistrate or by the Governor or Colonial Secretary.

Second

First Schedule. Form No. 60.

12 )7

1208

THE HONG KONG GOVERNMENT C

Power to discharge defendant without punishment if offence trifling.

42 & 43 Vict. c. 49, s. 16.

First Schedule. Forms Nos. 26 and 45.

First

Schedule. Forms Nos. 5 and 21.

Special provisions.

SUMBER 9, 193

30. If, on the hearing of a charge for any offence punish- able on summary conviction, the magistrate thinks that, though the charge is proved, the offence was in the particular case of so trilling a nature that it is inexpedient to inflict any punish- ment, or any other than a nominal punishment :--

(1) he may, without proceeding to conviction, dismiss the complaint or information, and may order the defendant to pay such damages, not exceeding twenty dollars, and such costs of the proceeding, or either of them, as he may think reasonable: or he may order the defendant to enter into a recognizance, with or without sureties, to be of good behaviour or to keep the peace, in a sum not greater than five hundred dollars and

for a term not to exceed twelve months; or

(2) he may, on convicting the defendant, discharge him conditionally on his giving security, with or without sureties, to appear for sentence when called upon or to be of good be- haviour or to keep the peace, and either without payment of dainages and costs or subject to the payment of such damages and costs, or either of them, as he may think reasonable : Provided that the security required shall not exceed five hundred dollars and the time during which the defendant may be called upon to appear for sentence or during which he is to be of good behaviour or is to keep the peace shall not exceed twelve months.

(3) The magistrate may order the defendant in default of compliance with any order made under this section to be imprisoned without hard labour for any term not exceeding six months.

Reduction

of imprison-

payment

of fine.

4 & 5 Geo. 5,

31.-(1) Subject to the provisions of sub-sections (2) and inent on part (3), where a term of imprisonment is imposed by a magistrate in respect of the non-payment of any sum of money adjudged to be paid by a conviction or order, that term shall, on pay- c. 58, s. 3(1) ment of a part of such sum to any person authorised by a magistrate to receive it, be reduced by a number of days bear- ing as nearly as possible the same proportion to the total num- ber of days in the term as the sum paid bears to the sum adjudged to be paid.

(2) Notwithstanding the provisions of sub-section (1), no person who has been sentenced to imprisonment in default of payment of a sum adjudged to be paid by a conviction or order shall be entitled to be discharged on the first day of his impri- sonment except upon the payment in full of the sum in respect of which the sentence of imprisonment was imposed.

(3) Notwithstanding the provisions of sub-section (1), where any person who has been sentenced to imprisonment in default of payment of a sum of money adjudged to be paid by a conviction or order earns under the Prison Rules any remis- sion of the sentence, the term of his imprisonment shall for the purposes of sub-section (1) be deemed, at any given time, to have been reduced by such period of remission as may at the time stand to his credit.

THE HONG KONG GOVERMENT GAZETTE, DECEMBER 9, 1932. 1209

tion of

money found

for payment

twenty-five

32. Where a defendant is fined a sum not exceeding Appropria- twenty-five dollars and the same is not forthwith paid, the magistrate may order the defendant to be searched, and if on on defendant being searched he is found to have on his person money equal of fine not to the amount of his fine, it shall be lawful for the magistrate, exceeding upon oath made to him of the fact by any person who was pre- dollars. sent when the defendant was searched, to order that so much of the money as may be sufficient to satisfy the fine be forfeit- ed, and that the defendant be thereupon discharged from custody. A similar order may be made where sufficient money to satisfy the fine has been found on the defendant as the result of a previous search by the police.

may be

33. Where in the case either of imprisonment or a fine Recognizance there is prescribed a requirement for the offender to enter into dispensed his recognizance and to find sureties for keeping the peace and with. observing some other condition, or to do any of such things, the magistrate may dispense with any such requirement or any part thereof.

Order.

42 & 43 Vict.

34.--(1) Where a power is given by any future enact- Summary ment to a magistrate of requiring any person to do or to abstain from doing any act or thing, other than the payment of money, c. 49, s. 34. or of requiring any act or thing to be done or left undone, other than the payment of money, and no mode is prescribed of en- forcing such requisition, a magistrate may exercise such power by an order and may annex thereto any conditions as to time or mode of action which he may think just, and may suspend or rescind any such order on such undertaking being given or condition being performed as he may think just, and generally may make such arrangements for carrying into effect such power as to him may seem meet.

(2) A person making default in complying with any such order shall be punished in the prescribed manner, or, if no punishment is prescribed, may be ordered to pay a sum not exceeding five dollars for every day during which he is in default, or to be imprisoned, without hard labour, until he has remedied his default: Provided that a person shall not, for non-compliance with the requisition of a magistrate, whether made by one or more orders, to do or to abstain from doing any act or thing, be liable under this section to imprisonment for any term or terms amounting in the aggregate to more than three months or to payment of any sums exceeding in the aggregate two hundred dollars.

35.--(1) The magistrate by whose conviction or order any sum is adjudged to be paid may do all or any of the following things:-

(a) allow time for the payment of the sum;

(b) direct payment to be made of the sum by instalments; and

(c) direct that the person liable to pay the sum shall be at liberty to give, to the satisfaction of a magistrate or such person as may be specified by the magistrate adjudging the money to be paid, security, with or without a surety or sure ties, for the payment of the sum or of any instalment thereof, and such security may be given and enforced in manner pro- vided by this Ordinance.

Provision as payment of

to mode of

sum adjudged to be paid. 42 & 43 Vict. c. 49, s. 7.

1210

THE HONG KONG GOVERNMENT TAZETTE, DECEMBER 9, 1942.

First Schedule. Forms Nos. 15-18, 20 and 21.

Return by magistrate's order of property

taken from defendant.

c. 49, s. 44.

(2) Where a sum is directed to be paid by instalments and default is made in the payment of any one instalment, the same proceedings may be taken as if default had been made in pay- iment of all the instalments then remaining unpaid.

(3) A magistrate directing the payment of a sum or of an instalment of a sum may direct such payment to be made at such time and in such place and to such person as may be specified by the magistrate, and every person, not being the magistrates' clerk, to whom any such sum or instalment is paid shall as soon as may be account for and pay over the same to such clerk.

36. Where any property has been taken from a person charged before a magistrate with an offence punishable either on indictment or on summary conviction, a report shall be made by the police on the charge sheet to the magistrate of 42 & 43 Vict. the fact of such property having been taken from the accused or defendant and of the particulars thereof, and the magistrate may, if he is of opinion that the property or any portion there- of can be returned consistently with the interests of justice and with the safe custody of the accused or defendant, direct such property or any portion thereof to be returned to the accused or defendant or such other person as he may direct.

Prosecution and punish- ment of aider or abettor.

11 & 12 Vict. c. 43, s. 5.

(cf. No. 3 of 1865).

Rule as to cumulative sentences

for assault.

37. Every person who aids, abets, counsels or procures the commission of any offence punishable by a magistrate on summary conviction shall be liable to be proceeded against and convicted for the same, either together with the principal offender or before or after his conviction, and shall be liable to the same punishment and penalties as such principal may by law be liable.

38. A magistrate shall not, by cumulative sentences of imprisonment (other than for default of finding sureties) to take effect in succession in respect of several assaults committed 42 & 43 Vict. on the same occasion, impose on any person imprisonment for the whole exceeding six months; but nothing in this section shall be deemed to affect the provisions contained in section 86.

c. 49, s. 18.

Search war- rant for thing stolen

obtained.

39. If information is given upon oath to any magistrate or justice of the peace that there is reasonable cause for sus- or unlawfully pecting that any thing stolen or unlawfully obtained is con- cealed or lodged in any dwelling-house or other place, it shall be lawful for the magistrate or justice, by special warrant under his hand directed to any officer of police, to cause every such dwelling-house or place to be entered and searched at any time of the day or by night, if power for that purpose is given by such warrant; and the magistrate or justice may em- power such officer, with such assistance as may be found necessary (such officer having previously made known such his authority), to use force for effecting such entry, whether by breaking open doors or otherwise; and if, on search there- upon made, any such thing is found, then to convey the same before a magistrate, or to guard the same on the spot until the offender is taken before a magistrate, or otherwise to dispose thereof in some place of safety, and moreover to take into custody and carry before a magistrate every person found in such house or place who appears to have been privy to the de- posit of any such thing, knowing or having reasonable cause to suspect the same to have been stolen or otherwise unlawfully obtained.

THE HONGKONG

ENT GAZETTE, DECEMBER 9, 1932. 1211

of person

received.

40.-(1) When any person is brought before any magis- Examination trate charged with having or conveying any thing reasonably from whom suspected of having been stolen or unlawfully obtained, and stolen thing declares that he received the same from some other person, or that he was employed as a carrier, agent or servant to convey the same for some other person, the magistrate is hereby authorised and required to cause every such person, and also if necessary every former or pretended purchaser or other person into whose possession the same has passed to be brought before him and examined, and to examine witnesses upon oath touching the same.

(2) If it appears to the magistrate that any person has had possession of such thing, and had reasonable cause to be- lieve the same to have been stolen or unlawfully obtained, every such person shall be deemed guilty of an offence and to have had possession of such thing at the time and place when and where the same has been found and seized (and the possession of a carrier, agent or servant shall be deemed to be the possession of the person who has employed such other person to convey the same), and shall be liable to a fine not exceeding two hundred and fifty dollars or to imprisonment for any term not exceeding three months.

goods

fraudulently

possession

41.-(1) If any goods are stolen or unlawfully obtained Order for from any person, or, having been lawfully obtained, are delivery of unlawfully deposited, pledged, sold or exchanged, and com- stolen or plaint is made thereof to a magistrate, and that such goods obtained are in the possession of any broker, dealer in marine stores and in or other dealer in second-hand property, or of any person who of dealer in has lent money upon the credit of such goods, it shall be second-hand lawful for the magistrate to issue a summons or warrant for property. the appearance of such broker, dealer or lender and for the production of such goods to be delivered up to the owner thereof, either without payment or on payment of such sum and at such time as the magistrate may think fit.

(2) Every broker, dealer or lender who, having been so ordered, refuses or neglects to deliver up the goods, or who disposes of or makes away with the same after notice that such goods were stolen or unlawfully obtained as aforesaid, shall forfeit to the owner of the goods the full value thereof: Provided always that no such order shall bar any such broker, dealer or lender from recovering possession of such goods. by action from the person into whose possession they may come by virtue of the magistrate's order, provided that such action is commenced within six months next after such order has been made.

(3) Nothing in this section shall affect pawnbrokers.

42. (1) It shall be lawful for a magistrate to order that Restoration any goods brought before him which have been unlawfully of property unlawfully pledged or exchanged, and the ownership of which is establish- pledged, etc. ed to his satisfaction, shall be delivered up to the owner by the person with whom they were so unlawfully pledged or exchanged, either without compensation or with such compen- sation to that person as he may think fit.

come

into the Power to

with respect

(2) Nothing in this section shall affect pawnbrokers.

43.-(1) Where any property has possession of the police in connection with any criminal make orders offence whether committed in the Colony or not, a magistrate to property may, on application either by an officer of police or by a

of police. claimant of the property, make an order for the delivery of

60 & 61 Vict. the property to the person appearing to the magistrate to be

c. 30, s. 1.

in possession

1212

THE HONG KONG GOVERNMENT

Penalty on

common informer

for com- pounding without

magistrate.

DECEMBER

the owner thereof, or, if the owner cannot be ascertained, make such order in respect to the property as to the magistrate may seem meet: Provided that, in the case of property the owner of which is unknown, no order for forfeiture to the Crown shall be made under this section until after the expiration of twelve months from the time when such property came into the possession of the police.

(2) An order under this section shall not affect the right of any person to take within six months from the date of the order legal proceedings against any person in possession of property delivered to him by virtue of such order, but on the expiration of those six months the right shall cease.

44. In case any person lays any information before a magistrate for any offence alleged to have been committed, by which he was not personally aggrieved, and afterwards directly or indirectly receives, without the permission of a magistrate, permission of any sum of money or reward for compounding, delaying or withdrawing the information, it shall be lawful for a magistrate to issue his warrant or summons, as he may deem best, for bringing before him the person charged with such compound- ing, delay or withdrawal; and if such offence is proved by the confession of the said informer or by the oath of any credible witness, he shall be liable to a penalty not exceeding two hund- red dollars.

Warrant of distress.

11 & 12 Vict. c. 43, s. 19.

First

Schedule. Form No. 15.

First Schedule. Forms Nos. 40 and 41.

Allowing defendant to go at large until return nade to

warrant, etc.

Distress and committal warrants.

45. Where a conviction adjudges a fine to be paid or where an order requires the payment of a sum of money and by the enactment authorising such conviction or order such fine or sum of money is to be levied on the goods and chattels of the defendant by distress and sale thereof, and also in cases where by the enactment in that behalf no mode of raising or levying such fine or sum of money or of enforcing the payment of the same is stated or provided, it shall be lawful for a magistrate to issue his warrant of distress for the purpose of levying the same, which shall be in writing under his hand and seal: Provided always that whenever it appears to the magis- trate to whom application is made for any such warrant that the issuing thereof would be ruinous to the defendant and his family, or whenever it appears to the magistrate, by the con- fession of the defendant or otherwise, that he has no goods or chattels whereon to levy the distress, or whenever in the opinion of the magistrate it is inexpedient to issue such warrant, then and in every such case it shall be lawful for the magistrate, instead of issuing the warrant of distress, to com- mit the defendant to prison, with or without hard labour, for such time and in such manner as by law the defendant might be so committed in case such warrant had issued and no goods. or chattels could be found whereon to levy such fine or sum and costs aforesaid.

46. Where a magistrate issues any such warrant of dis- tress it shall be lawful for him to suffer the defendant to go at large, or, by a written warrant in that behalf or verbally, to order the defendant to be kept and detained in safe custody 11 & 12 Vict. until return is made to the warrant, unless the defendant gives sufficient security, by recognizance or otherwise, to the satis- faction of the magistrate, for his appearance before a magis- trate at the time and place appointed for the return of the warrant: Provided always that in any case where a defendant gives security by recognizance as aforesaid, and does not after-

c. 43, s. 20.

First Schedule. Form No. 54.

1213

THE HONG KONG

NT GAZETTE, DECEMBER 9, 1932.

wards appear at the time and place mentioned therein, the magistrate then present may forthwith declare the same to be estreated in manner hereinafter provided.

default of

c. 43, s. 21.

47. If at the time and place appointed for the return of Commit- any such warrant of distress the constable or other officer who ment in has had the execution of the same returns that he could find no sufficient goods or chattels or no sufficient goods or chattels whereon he distress. could levy the sum or sums therein mentioned, together with 11 & 12 Viet. the costs of or occasioned by the levying of the same, it shall be lawful for the magistrate before whom the same is returned to issue his warrant of commitment under his hand and seal, First directed to the same or any other constable or other officer, Schedu reciting the conviction or order shortly, the issuing of the Nos. 49 warrant of distress, and the return thereto, and requiring such and 53. constable or other officer to convey the defendant to prison, and there to deliver him to the Superintendent of Prisons, and requiring the said Superintendent to receive the defendant and to imprison him, or to imprison him and keep him to hard labour, in such manner and for such time as the enactment on which the conviction or order mentioned in the warrant of distress is founded directs, unless the sum or sums adjudged to be paid, and all costs and charges of the distress (the amount thereof being ascertained and stated in the commit- ment) shall be sooner paid.

where no

in default

distress.

48. Whenever it is returned to a warrant of distress Commitment issued for the recovery of a fine or sum of money ordered to of defendant be paid under a conviction or order that no sufficient goods of remedy or the party against whom such warrant has been issued can be punishment found, and by the enactment under the provisions of which: of sufficient such conviction or order was made no further remedy or 11 & 12 Vict. punishment is provided for the non-payment of such fine or c. 43, s. 22. sum of money, it shall nevertheless be lawful for a magistrate, if he thinks fit, by his warrant as aforesaid, to commit the defendant to prison, with or without hard labour, for such period as may be in accordance with the scale provided by First section 62, unless the fine or sum adjudged to be paid, and Form all costs and charges of the distress (the amount thereof being No. 53. ascertained and stated in the commitment), shall be sooner paid.

Schedule.

in first

c. 43, s. 23.

49. Where the enactment by virtue of which a conviction Commitment for a fine or an order for the payment of money is made makes of defendant no provision for such fine or sum being levied by distress, but instance. directs that, if the same be not paid forthwith or within a cer- 11 & 12 Vict. tain time therein mentioned or to be mentioned in the con- viction or order, the defendant shall be imprisoned, or impri- soned and kept to hard labour, for a certain time, unless such fine or sum shall be sooner paid, in every such case such fine or sum shall not be levied by distress; but if the defendant does not pay the same, together with costs, if awarded, forth- with, or at the time specified in the conviction or order for the payment of the same, it shall be lawful for à magistrate to issue his warrant of commitment under his hand and seal, requiring First the constable to whom the same is directed to take and convey Schedule. the defendant to prison and there to deliver him to the Super- Nos. 51 intendent of Prisons, and requiring the said Superintendent to and 52. receive the defendant and to imprison him, or to imprison him and keep him to hard labour, as the case may be, for such time as the enactment on which the conviction or order is founded as aforesaid directs, unless the fine or sum adjudged to be paid shall be sooner paid.

Forms

1214

THE HONG KONG GOVERNMENT HAZETTE, DECEMBER 9, 1932.

Commitment for dis- obedience of order to

do some act, etc., not

being

payment

of money.

c. 43, s 24.

50.-(1) Where a conviction does not order the payment any fine but that the defendant be imprisoned, or imprisoned and kept to hard labour, or where an order is not for the pay- ment of money but for the doing of some other act, and directs that, in case of the defendant's refusal or neglect to do such act, he shall be imprisoned, or imprisoned and kept to hard 11 & 12 Vict. labour, and the defendant refuses or neglects to do such act, in every such case it shall be lawful for a magistrate to issue his warrant of commitment under his hand and seal, requiring the constable to whom the same is directed to take and convey the defendant to prison and there to deliver him to the Super- intendent of Prisons, and requiring the said Superintendent to receive the defendant and to imprison him, or to imprison him and keep him to hard labour, as the case may be, for such time. as the Ordinance or statute on which the conviction or order is founded as aforesaid directs.

First Schedule. Forms Nos. 55 and 56.

First Schedule. Forms Nos. 42, 43 and 57.

Consecutive sentences of imprison- ment.

e. 58, s. 18.

(2) In any such case, where by the conviction or order any sum for costs is adjudged to be paid by the defendant to the complainant or informant, such sum may, if the magistrate thinks fit, be levied by warrant of distress in manner aforesaid, and, in default of distress, the defendant may be also commit- ted to prison there to be kept for any time not exceeding one month, with or without hard labour, to commence at the ter- mination of the imprisonment which he is then undergoing, unless such sum for costs and all costs and charges of the dis- tress shall be sooner paid.

51. Where a term of imprisonment is imposed by a magistrate, either in the first instance or in respect of the non-payment of any sum of money adjudged to be paid by a 4 & 5 Geo. 5, conviction or order, the magistrate may order that the said term shall commence at the expiration, in whatever manner, of any other term of imprisonment which has previously been imposed by any court: Provided that where two or more. terms of imprisonment imposed by a magistrate or magistrates are ordered to run consecutively the aggregate of the said terms of imprisonment shall not exceed twelve months.

On pay- ment of fine and expenses distress not to be levied, or party, if imprisoned,

to be

52. Where any person against whom a warrant of distress issues as aforesaid pays or tenders to the constable or other officer having the execution of the same the sum mentioned in the warrant, together with the amount of the expenses of the distress up to the time of such payment or tender, such constable or other officer shall cease to execute the same; and where any person is imprisoned as aforesaid for non-payment 11 & 12 Vict. of any fine or other sum he may pay or cause to be paid to the Superintendent of Prisons the sum mentioned in the warrant of commitment, together with the amount of the costs therein mentioned, and the said Superintendent shall receive the same, and shall thereupon discharge such person if he is in his custody for no other matter.

discharged.

c. 43, s. 28.

Provisions as

to warrants

of distress.

42 & 43 Vict.

c. 49. s. 43.

53. The following provisions shall apply with respect to warrants of distress issued by a magistrate under this Ordinance :-

(1) a warrant of distress shall be executed by or under the direction of a constable or other officer:

(2) save in so far as the person against whom the distress is levied otherwise consents the distress shall be sold by public auction, and five clear days at the least shall intervene between

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932. 1215

the making of the distress and the sale, unless the goods dis- trained are perishable, and when consent is so given as afore- said the sale may be made in accordance with such consent;

(3) subject as aforesaid the distress shall be sold within the period fixed by the warrant, and, if no period is so fixed, then within the period of fourteen days from the date of the making of the distress, unless the sum for which the warrant was issued, and also the charges of taking and keeping the distress, are sooner paid;

(4) subject to any directions to the contrary given by the warrant of distress, when the distress is levied on household goods, the goods shall not, except with the consent in writing of the person against whom the distress is levied, be removed from the house until the day of sale, but so much of the goods shall be impounded as are, in the opinion of the person execut- ing the warrant, sufficient to satisfy the distress, by affixing to the articles impounded a conspicuous mark; and every person removing any goods so marked or defacing or removing the said mark shall upon summary conviction be liable to a fine not exceeding twenty-five dollars;

(5) where a person charged with the execution of a warrant of distress wilfully retains from the produce of any goods sold to satisfy the distress or otherwise exacts any greater costs and charges than those to which he is for the time being entitled by law or makes any improper charge, he shall upon summary conviction be liable to a fine not exceeding twenty-five dollars;

Form

(6) a written account of the costs and charges incurred First in respect of the execution of any warrant of distress shall be Schedule. sent by the constable or other officer charged with the execu- No. 50. tion of the warrant as soon as practicable to the magistrates' clerk; and it shall be lawful for the person on whose goods the distress was levied, within one month after the levy of the distress, to inspect such account without fee or reward, at any reasonable time to be appointed by a magistrate, and to take a copy of such account;

(7) a constable or other officer charged with the execution of a warrant of distress shall cause the distress to be sold, and may deduct out of the amount realised by the sale all costs and charges actually incurred in effecting the sale, and shall render to the owner the surplus, if any, after retaining the amount for which the warrant was issued and the proper costs and charges of the execution of the warrant;

(8) where a person pays or tenders to the constable or other officer charged with the execution of a warrant of distress the sum mentioned in the warrant or produces the receipt for the same of the magistrates' clerk, and also pays the amount of the costs and charges of the distress up to the time of such payment or tender, the constable or other officer shall not execute the warrant; and

(9) where a claim is made to or in respect of property taken in execution under this section by any person other than the party against whom such execution issued, such claim shall be heard and determined by the magistrate upon summons calling before him as well such claimant as the party on whose behalf such execution issued, and the decision of the magistrate upon such claim shall be final.

1216 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

Special

provisions as

for non- payment of money and as to

54.--(1) A magistrate to whom application is made either

to warrant of to issue a warrant of distress for any sum adjudged to be paid commitment by a conviction or order, or to issue a warrant for committing a person to prison for non-payment of a sum of money adjudg- ed to be paid by a conviction or, in the case of a sum not a civil debt, by an order, or for default of sufficient distress to satisfy any such sum, may, if he deems it expedient to do 42 & 43 Vict. So, postpone the issue of such warrant until such time and on such conditions, if any, as to him may seem just.

warrant of distress.

c. 49, s. 21.

First

Schedule. Forms

Nos. 24 and 59.

(2) The wearing apparel and bedding of a person and his family and, to the value of twenty-five dollars, the tools and implements of his trade shall not be taken under a distress issued by a magistrate.

(3) Where, on application made to a magistrate to issue a warrant for committing a person to prison for non-payment of a sum adjudged to be paid by a conviction or, in the case of a sum not a civil debt, by an order, or for default of sufficient stress to satisfy any such sum, it appears to the magistrate to whom the application is made that, either by payment of part of the said sum, whether in the shape of instalments or otherwise, or by the net proceeds of the distress, the amount of the sum so adjudged has been reduced to such an extent that the unsatisfied balance, if it had constituted the original amount adjudged to be paid by the conviction or order, would

ve subjected the defendant to a maximum term of imprison- ment less than the term of imprisonment to which he is liable under such conviction or order, the magistrate shall, by his warrant of commitment revoke the term of imprisonment, and order the defendant to be imprisoned for a term not exceeding such less maximum term instead of the term originally men- tioned in the conviction or order.

Exercise on

power to

bind over to keep the peace.

Recognizances, etc.

55.-1) The power of a magistrate, on complaint of any complaint of person, to adjudge a person to enter into a recognizance and find sureties to keep the peace or to be of good behaviour towards such first-mentioned person shall be exercised by an order upon complaint, and the provisions of this Ordinance shall apply accordingly, and the complainant and defendant and witnesses may be called and examined and cross-examined, and the complainant and defendant shall be subject to costs, as in the case of any other complaint.

42 & 43 Vict. c. 49, s. 25.

First Schedule. Forms Nos. 27 and 28.

Power to reduce or

vary security.

42 & 43 Vict.

c. 49, s. 26.

Second

Schedule.

First Schedule. Forms Nos. 32 and 33.

(2) The magistrate may order the defendant, in default of compliance with such last-mentioned order, to be imprison- ed, without hard labour, for any term not exceeding six months.

56. Where a person has been committed to prison by a magistrate for default in finding sureties, a magistrate may, on application made to him in manner directed by the rules in· the Second Schedule by such person or by some one acting on his behalf, inquire into the case of the person so committed, and if, on new evidence produced to the magistrate or proof of a change of circumstances, the magistrate thinks, having regard to all the circumstances of the case, that it is just to do so, he may reduce the amount for which it is proposed the sureties or surety should be bound, or dispense with the sureties or surety, or otherwise deal with the case as he may think just.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

of court.

57. When a magistrate has fixed, as respects any Recognizance recognizance, the amount in which the principal and the taken out sureties, if any, are to be bound, the recognizance, notwith- 42 & 43 Vict. standing anything in this or any past enactment, need not be c. 49, s. 42. entered into before such magistrate, but may, subject to the rules in the Second Schedule, be entered into by the parties Second before another magistrate or before the magistrates' clerk Schedule. or before a superintendent or inspector of police or, where any of the parties is in prison, before the Superintendent of Prisons; and thereupon all the consequences of law shall ensue and the provisions of this Ordinance with respect to recogniz- ances taken before a magistrate shall apply as if the recogniz- ance had been entered into before a magistrate as heretofore by law required.

security and

58.-(1) A person shall give security under this Part, Mcde of whether as principal or surety, either by the deposit of money giving with the magistrates' clerk or by an oral or written acknow- enforcement ledgment of the undertaking or condition by which and of the thereof. sum for which he is bound, and evidence of such security may be provided by the entry thereof in the register of the proceedings of the magistrates.

(2) Any sum which may become due in pursuance of a security under this Part from a surety shall be recoverable summarily in manner directed by this Ordinance with respect to a civil debt on complaint by a constable or by the magistrates' clerk or by some other person authorised for the purpose by a magistrate.

42 & 43 Vict. c. 49, s. 23. First Schedule. Forms Nos. 5 & 34.

(3) A magistrate may enforce payment of any sum due by a principal in pursuance of a security under this Part which appears to him to be forfeited, in like manner as if that sum were adjudged to be paid as a fine, if the security was given for First a sum adjudged by a conviction, and in any other case in like Schedule. manner as if it were a sum adjudged to be paid as a civil debt: Nos. 6, 7 Provided that, before a warrant of distress for the sum is and 48. issued, notice of the forfeiture shall be served on the said principal in manner prescribed by the rules in the Second Second Schedule.

(4) Any sum paid by a surety on behalf of his principal in respect of a security under this Part, together with all costs, charges and expenses incurred by such surety in respect of that security, shall be deemed a civil debt due to him from the principal, and may be recovered before a magistrate in manner directed by this Ordinance with respect to the recovery of a civil debt which is recoverable summarily.

(5) Where security is given under this Part for payment of a sum of money, the payment of such sum shall be enforced by means of such security in substitution for other means of enforcing such payment.

Forms

Schedule.

for appear-

59.-1) Where a recognizance is conditioned for the Enforcing appearance of a person before a magistrate or for his doing recognizance some other matter or thing to be done before or by order of a ance. magistrate or in a proceeding before a magistrate, such magis- 42 & 43 Vict. trate, if the recognizance appears to him to be forfeited, may c. 49, s. 9. declare the recognizance to be forfeited and enforce payment First of the sum due under it in the same manner as if the sum Forms were a fine adjudged by a magistrate to be paid and the 35 and 46.

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　Nos. 5. 31, amount of the same were ascertained by a conviction: Provided that, at any time before the sale of goods under a warrant

Schedule.

1217

1218

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

First Schedule. Form No. 28.

First Schedule. Forms

Nos. 29, 30 and 47.

Recovery of

civil debts

and costs.

of distress for the said sum, a magistrate may cancel or mitigate the forfeiture on the person liable applying and giving security, to the satisfaction of the magistrate, for the future performance of the condition of the recognizance, and paying or giving security for payment of the costs incurred in respect of the forfeiture, or on such other conditions as the magistrate may think just.

(2) Where a recognizance conditioned to keep the peace, or to be of good behaviour, or not to do or commit some act or thing has been entered into by any person as principal or surety before a magistrate, any magistrate, on proof of the conviction of the person bound as principal by the recognizance of any offence which is in law a breach of the condition of the same, may by conviction adjudge the recognizance to be forfeited, and adjudge the persons bound thereby, whether as principal or sureties, or any of such persons, to pay the sums for which they are respectively bound.

(3) All sums paid in respect of a recognizance declared or adjudged by a magistrate in pursuance of this section to be forfeited shall be paid to the magistrates' clerk, and shall be paid and applied by him in such manner as the Colonial Treasurer may direct.

Civil debts.

60. A civil debt may be recovered on summons and enforced in the manner hereinafter provided; and the pay- 42 & 43 Viet. ment of any costs ordered to be paid by the complainant or defendant in the case of any such complaint shall be enforced in like manner as such civil debt and not otherwise.

c. 49, s. 6.

First Schedule. Form No. 61.

Enforcing civil debt.

42 & 43 Vict.

c. 49, s. 35.

First Schedule. Forms Nos. 62-69.

61. (1) Any sum of money recoverable summarily as a civil debt within the meaning of this or any other Ordinance, or in respect of the recovery of which jurisdiction is given by such Ordinance to a magistrate, shall be deemed to be a sum for payment of which a magistrate has authority by law to make an order on complaint under this Ordinance: Provided as follows:-

(a) a warrant shall not be issued for apprehending any person for failing to appear to answer any such complaint;

· and

(b) an order made by a magistrate for the payment of any such civil debt as aforesaid or of any instalment thereof or for the payment of the costs in the matter of any such complaint, whether ordered to be paid by the complainant or the defendant, shall not, in default of distress or otherwise, be enforced by imprisonment, unless it is proved, to the satisfaction of a magistrate, that the person making the default in payment of such civil debt, instalment or costs either has, or has had since the date of the order, the means to pay the sum in respect of which he has made default and has refused or neglected or refuses or neglects to pay the same, and in any such case the magistrate shall have power to imprison the defendant for any period not exceeding three weeks, unless the same shall be sooner paid.

(2) Proof of the means of the person making default may be given in such manner as the magistrate to whom application is made for commitment to prison may think just.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

Scale of imprisonment for non-payment of money, etc.

imprisonment

of money

paid, etc.

62. Unless in any enactment it is otherwise provided, Scale of the period of imprisonment, with or without hard labour, foo which may be imposed by a magistrate exercising summary payment jurisdiction, in respect of the non-payment of any sum of adjudged to money adjudged to be paid by a conviction, whether it be a to be fine or in respect of the property the subject of the offence, 42 & 43 Vict. or in respect of the injury done by the offender, or in respect c. 49, s. 5. of the default of a suflicient distress to satisfy any such sum, (cf. ss. 48, shall be such period as, in the opinion of the magistrate, will 94 & 95). satisfy the justice of the case, but shall not exceed in any case the maximum fixed by the following scale :-

Where the amount-

coes not exceed $1

the period of imprisonment

exceeds $ 1 but does not exceed$ 5

shall not exceed---

7 days

14 ""

1219

$ 5

$ 10

وو

$ 50 $150

$ 10

1 month

$ 50 $150

2 months

Where the fine or other sum adjudged to be paid is imposed by a sentence in addition to a term of imprisonment, the imprisonment imposed under this section or any other enactment shall commence from the expiration of the term of imprisonment imposed by the sentence.

This sectiqu shall apply to fines imposed by a marine (cf. No. 10 magistrate under the Merchant Shipping Ordinance, 1899.

Costs.

of 1899.)

c. 43, s. 18.

63.-1) In every case of summary conviction or of an Power to order made by a magistrate, except as provided in section 65, award costs it shall be lawful for the magistrate making the same to award thereof by and order in and by the conviction or order that the defend- distress. ant shall pay to the complainant or informant respectively such 11 & 12 Vict. costs as to him may seem just and reasonable in that behalf, but not in any case exceeding five dollars; and in any case where the magistrate, instead of convicting or making an order as aforesaid, dismisses the complaint or information, it shall be lawful for him, in and by his order of dismissal, to award and order that the complainant or informant respectively shall pay to the defendant such costs as to him may seem just and reasonable, but not in any case exceeding five dollars.

(2) The sum so allowed for costs shall in every case be specified in the conviction or order or order of dismissal as aforesaid, and the same shall be recoverable in the same manner and under the same warrants as a fine or a sum of money adjudged to be paid in and by such conviction or order is to be recoverable, and in any case where there is no such fine or sum to be thereby recovered, then such costs shall be recoverable by distress and sale of the goods and chattels of the party or by imprisonment for any term not exceeding fourteen days, unless such costs shall be sooner paid.

for com-

64. Where a complaint or information is dismissed with Procedure costs, the sum awarded for costs in the order for dismissal

may pelling be levied by distress on the goods and chattels of the com- prosecutor plainant or informant, and, in default of distress or payment, to pay costs. the complainant or informant may be committed to prison, c. 43, s. 26.

11 & 12 Vict.

}

1220

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

First Schedule. Forms

Nos. 44 and 58.

Costs where

fine dues

not exceed

two dollars.

without hard labour, for any term not exceeding fourteen days, unless such sum, and all costs and charges of the distress, (the amount thereof being ascertained and stated in the commit- ment), shall be sooner paid.

65.-(1) Where a fine adjudged by a conviction by a magistrate to be paid does not exceed two dollars, then, except so far as the magistrate may think fit expressly to order 42 & 43 Vict. otherwise, an order shall not be made for payment by the defendant to the complainant or informant of any costs; and the magistrate shall, except so far as he thinks fit expressly to order otherwise, direct all fees payable or paid by the com- plainant or informant to be remitted or repaid to him.

c. 49, s. 8.

(cf. s. 63).

(2) The magistrate may also order the fine or any part thereof to be paid to the complainant or informant in or towards the payment of his costs.

PART III.

Procedure on information being laid.

c. 42, s. 1.

First Schedule. Form No. 3.

First Schedule.

INDICTABLE OFFENCES.

66.-(1) In every case where a charge or complaint is inade to a magistrate that any person has committed or is 11 & 12 Vict. Suspected to have committed any treason, felony or indictable misdemeanor or other indictable offence over which the magis- trate has jurisdiction, then, if the accused is not then in custody, it shall be lawful for the magistrate to issue his warrant to apprehend the accused and to cause him to be brought before a magistrate to answer to the charge or complaint and to be further dealt with according to law; but in any case it shall be lawful for the magistrate to whom the charge or complaint is preferred, if he so thinks fit, instead of issuing his warrant. in the first instance to apprehend the accused, to issue his summons directed to the accused requiring him to appear before a magistrate at a time and place to be therein mentioned: and if, after being served with the summons in manner hereinafter mentioned, he fails to appear at such time and place in obedience to such summons, then and in every such case any magistrate may issue his warrant to apprehend the accused and to cause him to be brought before a magistrate to answer to the charge or complaint and to be further dealt with according to law.

Form No. 1.

First Schedule. Form No. 2.

Warrant to apprehend for offence committed on high seas, etc.

(2) Nothing in this section shall prevent a magistrate from. issuing the warrant hereinbefore first mentioned at any time. before or after the time mentioned in the summons for the appearance of the accused.

67. In every case of felony or misdemeanor committed on the high seas, or in foreign parts, or in any creek, harbour, haven or other place within the jurisdiction of the Admiralty for which an indictment may be preferred by the Attorney 11 & 12 Vict. General, it shall be lawful for any magistrate, if the accused resides or is supposed to reside or be within the Colony or the waters thereof, to issue his warrant to apprehend the accused and to cause him to be brought before a magistrate to answer to the charge and to be further dealt with according to law.

c. 42, s. 2.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932. 1221

where

68.-(1) Where an indictment is filed by the Attorney Warrant to General against any person who is then at large, and whether apprehend such person has been bound by recognizance to appear to indictment: answer to the same or not, the Registrar, on the application is filed by of the prosecutor or of any person on his behalf (if the person General against whom the indictment has been filed has not already and accused appeared and pleaded to the indictment), shall grant to him a 11 & 12 Vict. certificate of such indictment having been filed.

Attorney

c. 42, s. 3.

Form

(2) On the production of such certificate to a magistrate, it shall be lawful for him, and he is hereby required, to issue First his warrant to apprehend the accused and to cause him to be Schedule. brought before him to be dealt with according to law; and No. 3. afterwards, if such person is apprehended and brought before a magistrate, the magistrate, on its being proved upon oath before him that the person so apprehended is the same person who is charged and named in the indictment, shall without further inquiry or examination commit him for trial or admit him to bail in manner hereinafter mentioned.

(3) If the person against whom an indictment is so filed by the Attorney General as aforesaid is confined in prison for any other offence than that charged in the indictment at the time of such application and production of the said certificate to a magistrate, it shall be lawful for the magistrate, and he is hereby required, on its being proved before him upon oath that the accused and the person so confined in prison are the same person, to issue his warrant directed to the Superintendent of Prisons commanding him to detain the accused in his custody until by a writ of habeas corpus he shall be removed therefrom for the purpose of being tried upon the indictment or until he shall otherwise be removed therefrom or discharged out of his custody by due course of law.

warrant in

writing and

69. In every case where a charge or complaint for any Information indictable offence is made before a magistrate, if it is intended to lead to issue a warrant in the first instance against the accused, first instance an information and complaint thereof in writing upon the oath to be in of the informant or of some witness in that behalf shall be upon oath. laid before the magistrate: Provided always that in every case 11 & 12 Vict. where it is intended to issue a summons instead of a warrant c. 42, s. 8. in the first instance, it shall not be necessary that such infor- mation and complaint shall be in writing or be sworn to in manner aforesaid, but in every such case such information and complaint may be by parol merely and without any oath whatever to support or substantiate the same: Provided also that no objection shall be taken or allowed to any information or complaint for any alleged defect therein in substance or in form or for any variance between it and the evidence adduced on the part of the prosecution before the magistrate who takes the examination of the witnesses in that behalf as hereinafter mentioned.

Service of

70. The provisions with reference to summonses con- tained in Part II in relation to offences punishable on summary summonses. conviction shall apply equally, mutatis mutandis, to summonses 11 & 12 Vict under this Part.

c. 42, s. 9.

71. The provisions with reference to the form of war- Form, etc., rants, the directions to be contained therein and the execution of warrants. thereof contained in Part II in relation to offences punishable 11 & 12 Vict. on summary conviction shall apply equally, mutatis mutandis, c. 42, s. 10. to warrants under this Part.

1922

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

Summons or warrant for Witness, etc. 11 & 12 Vict.

72.--(1) If it is made to appear to a magistrate, by the oath of any credible witness, that any person is likely to give material evidence on the part of the prosecution and will not c. 42, s. 16. voluntarily appear at the time and place appointed for the

First Schedule. Form No. 11.

Power to remand accused.

11 & 12 Vict. c. 42, s. 21.

First Schedule. Forms Nos. 12 & 75.

First

Schedule.

Forms Nos. 76 and 77.

Place where

taken not an open court.

examination of the witnesses against the accused, the magis- trate may enforce the attendance of such person in the manner provided in Part II for the enforcing the attendance of a witness under the summary jurisdiction of such magistrate.

(2) If, on the appearance of such person so summoned, he refuses to be examined upon oath concerning the matter of the information or complaint, or refuses to take such oath or having taken such oath refuses to answer such questions concerning the premises as may then be put to him, the magistrate may, by warrant under his hand and seal, commit such person to prison there to remain and be imprisoned for any term not exceeding two months, unless he shall in the meantime consent to be examined and to answer concerning the premises.

73.-(1) If. on the hearing of an information or charge for an indictable offence, from the absence of witnesses or from any other reasonable cause, it becomes necessary or advisable to defer the examination or further examination of the witnesses for any time, it shall be lawful for the magistrate before whom the accused appears or is brought up by his warrant from time to time to remand the accused for such time as by the magistrate, in his discretion, may be deemed reasonable, not exceeding eight clear days, to prison or some place of security; or, if the remand is for a time not exceeding three clear days, it shall be lawful for the magistrate verbally to order the constable or other person in whose custody the accused may then be, or any other constable or person to be named by the magistrate in that behalf, to continue and keep the accused in his custody and to bring him before the same magistrate at the time appointed for continuing the examina- tion: Provided always that the magistrate may order the accused to be brought before himself or another magistrate at any time before the expiration of the time for which the accused is so remanded, and the gaoler or officer in whose custody he then is shall duly obey such order: Provided also that, instead of detaining the accused in custody during the period for which he is so remanded, a magistrate before whom the accused so appears or is brought as aforesaid may dis- charge him, on his entering into a recognizance, with or without a surety or suretics, at the discretion of the magistrate, conditioned for his appearance at the time and place appointed for the continuance of the examination.

(2) If the accused does not afterwards appear at the time and place mentioned in the recognizance, the magistrate then present may, on certifying the non-appearance of the accused on the recognizance, declare the same forfeited, and proceed to enforce the same in the manner hereinbefore provided for enforcing recognizances in the cases of offences punishable on summary conviction; and may forthwith issue his warrant for the apprehension of the accused.

74. The room or building in which a magistrate hears an examination information or charge for an indictable offence shall not be deemed an open court for that purpose; and it shall be lawful for the magistrate hearing the case, in his discretion, to order 11 & 12 Vict. that no person shall have access to or be or remain in such

c. 42, s. 19.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932. 1223

room or building without the consent or permission of the magistrate, if it appears to him that the ends of justice will be best answered by so doing.

evidence at

75.--(1) On the hearing of an information or charge for Taking of an indictable offence where the accused is present at the hear- hearing. ing, the magistrate shall, before committing the accused to 11 & 12 Vict. prison for trial or before admitting him to bail to take his trial, e. 42, s. 17. in the presence of the accused proceed to take evidence for and on behalf of the prosecutor and his witnesses in the same First manner as is hereinbefore provided for the taking of the Form evidence of the complainant or informant and his witnesses No. 13. on a complaint or information for an offence punishable on summary conviction.

(2) The accused or his counsel shall be at liberty to put questions to any witnesses produced against him, and further the depositions or evidence of the prosecutor and his witnesses shall, in the presence of the accused, be read over to and signed respectively by the witnesses who have been so examined, and shall also be signed by the magistrate taking the same.

Schedule.

depositions,

76.-(1) After the examination of all the witnesses on Reading over the part of the prosecution has been completed the magistrate and caution hearing the case shall, if desired by the accused, without re- to accused. quiring the attendance of the witnesses, read or cause to be 11 & 12 Vict. read to the accused, or when necessary cause to be inter- c. 42, s. 18. preted, the depositions taken against him, and shall inform him that he has the right, if he so desires, to give evidence on his own behalf. If the accused desires to give evidence, his evidence shall be taken upon oath and shall be subject to cross- examination as in the case of the evidence of any other witness If the accused does not desire to give evidence on his own behalf, the magistrate shall say to him these words or words to the like effect or cause the same to be interpreted

aim

"Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing and may be given in evidence upon your trial."

Form

(2) Whatever the accused then says in answer thereto shall be taken down in writing and read over to him, and shall be signed by the magistrate and kept with the depositions. of the witnesses, and shall be transmitted with them as herein- First after mentioned: Provided always that the magistrate, before Schedule. the accused makes any statement, shall state or cause to be No. 70. interpreted to him and give him or cause him clearly to under- stand that he has nothing to hope from any promise of favour and nothing to fear from any threat which may have been tolden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall then say may be given in evidence on his trial notwithstanding such promise or threat.

(3) Any statement which purports to have been taken down and signed as provided in sub-section (2) shall be ad- missible in evidence against the accused in any court if it is produced out of the proper custody without further proof of the matters above mentioned, unless it is proved that such statement was not duly taken down or was not in fact signed by the magistrate or officer aforesaid purporting to sign the

same.

1224

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

Examination of witnesses

for accused.

c. 35, s. 3.

(4) Provided nevertheless that nothing herein contained shall prevent the prosecutor in any case from giving in evidence any admission or confession or other statement of the accused made at any time which by law would be admissible as evidence against him.

77. If the accused gives evidence or makes any such statement or is unwilling to do so, the magistrate hearing the 30 & 31 Vict. case shall then demand and require of the accused or his coun- sel whether he desires to call any witness or evidence, and if he so calls or desires to call any witness or evidence, the magis- trate shall in the presence of the accused take such evidence upon oath, both examination and cross-examination, of the witnesses who may be called by the accused or his counsel and who know anything relating to the facts or circumstances of the case or anything tending to prove the innocence of the accused, and shall put the same into writing, and the deposi- tions of such witnesses shall be read over to and signed respec- tively by the witnesses so examined and shall also be signed by the magistrate taking the same.

Binding over

of prosecutor 11 & 12 Vict.

and witnesses.

c. 42, s. 20; 30 & 31 Vict.

c. 35, s. 3.

First Schedule. Form No. 71.

First Schedule. Form No. 72.

First Schedule. Form No. 73.

First Schedule. Form No 74.

78.-(1) On the hearing of an indictable offence as aforesaid, it shall be lawful for the magistrate to bind by recognizance the prosecutor and his witnesses or any of them to appear at the criminal session of the court at which the accused is to be tried then and there to prosecute, or to pros- ecute and give evidence, or to give evidence alone, as the case may be, against the accused; and the recognizance shall parti- cularly specify the profession, art or trade of every such person entering into or acknowledging the same, together with his Christian or other name and surname.

(2) Such witnesses for the accused as may be called and examined as aforesaid, not being witnesses as to the character of the accused merely, who, in the opinion of the magistrate, give evidence in any way material to the case or tending to prove the innocence of the accused shall be bound by re- cognizance to appear and give evidence at the criminal session of the court at which the accused is to be tried in the same manner as the prosecutor and his witnesses.

(3) The said recognizance, being duly acknowledged by the person entering into the same, shall be subscribed by the magistrate before whom the same is acknowledged, and a notice thereof, signed by the said magistrate, shall at the same time be given to the person bound thereby: Provided always that if any such witness for the prosecution or defence refuses to enter into or acknowledge such recognizance as aforesaid, it shall be lawful for the magistrate, by his warrant, to commit him to prison there to be safely kept until after the trial of the accused, unless in the meantime such witness duly enters into such recognizance as aforesaid before a magis- trate Provided nevertheless that if afterwards, from want of sufficient evidence in that behalf or other cause, the magis- trate before whom the accused has been brought does not commit him or hold him to bail for the offence with which he is charged, it shall be lawful for a magistrate, by his order in that behalf, to order and direct the Superintendent of Prisons to discharge such witness from prison, and the said Superintendent shall thereupon forthwith discharge him accordingly: Provided further that all such recognizances so taken, together with the written information, if any, or sum-

THE HONG KONG GOVERNMENT

DECEMBER 9, 1932. 1225

mons, the depositions on either side and the statement of the accused, if any, shall be kept together until the close of the case before the magistrate, and if the accused is then com- mitted for trial shall be transmitted by the magistrate, or he shall cause the same to be transmitted, to the Crown Solicitor (ef. No. 9 of

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　1899, s. 11.) for the use of the Attorney General.

committal of

79. When all the evidence offered on the part of the Discharge or prosecution against the accused has been heard, if the magis- accused. trate is of opinion that it is not sufficient to put the accused upon 11 & 12 Vict. his trial for any indictable offence, the magistrate shall forth- c. 42, s. 25. with order the accused, if in custody, to be discharged as to the information then under inquiry; but if, in the opinion of the magistrate, such evidence is sufficient to put the accused upon his trial for an indictable offence, or if the evidence given raises a strong or probable presumption of the guilt of the accused, then the magistrate shall, by his warrant, commit him to prison to be there safely kept until he shall be thence delivered by due course of law or admit him to bail as herein- before mentioned.

committal.

80.-(1) If the magistrate commits the accused to prison Informing for trial on any day between the 1st and 9th days, both accused of inclusive, of any month, he shall inform or cause the accused to be informed thereof in the words or to the effect following:-

"A.B., you stand committed to prison until the Criminal Session of the Supreme Court to be holden in or for this month there to take your trial."

(2) If the magistrate commits the accused to prison for trial on any other day of the month he shall inform or cause the accused to be informed thereof in the words or to the

effect following:-

"A.B., you stand committed to prison until the Criminal Session of the Supreme Court to be holden in or for next month there to take your trial."

(3) Notwithstanding any such committal the court may, of its own motion or on the application of the Crown or of the accused, order the accused to be tried on any such date after his committal as the court may appoint.

after

81.--(1) The following documents, together with a certi- Depositions fied copy thereof, shall, as soon as may be after the committal and exhibits of the accused person, be transmitted by the magistrate to the committal. Crown Solicitor for the use of the Attorney General, that is to say, the depositions of the witnesses, the documentary ex- hibits thereto, the statement of the accused person, and the record of his evidence, if any, and the recognizances entered

into

(2) A certified copy of all such documents shall, either at the same time or as soon as possible thereafter, be transmitted by the magistrate to the Registrar for the use of the court.

(3) All exhibits other than documentary exhibits shall, unless the magistrate otherwise directs, be taken charge of by the police and shall be produced by them at the trial.

1226

THE HONG KONG GOV

Procedure

on charge of indictable offence against

corporation. 15&16 Gec. 5,

c. 86, s. 33.

BER: 1932.

(4) At any ti:) the first day of the criminal session of the court at which accused committed for trial is to be tried the accused or his counsel may require from the magis- trates' clerk copies of the depositions together with copies of any such statements or evidence as aforesaid, on payment of fifteen cents for each folio of seventy-two words. semnalan

82.-(1) When a corporation is charged, whether alone or jointly with some other person, with an indictable offence, the magistrate may, if he be of the opinion that the evidence offered on the part of the prosecution is sufficient to put the accused corporation upon trial, order the documents specified in section 81 (1) which relate to the case to be transmitted to the Crown Solicitor for the use of the Attorney General and such order shall be deemed to be a committal for trial.

(2) If the corporation appears before the magistrate by a representative appointed in writing by the corporation to represent it for the purpose of this section, any question or statement required by any enactment to be put or made to the accused may be put or made to such representative, and any such question may be answered on behalf of the corporation by such representative, but if the corporation does not so appear it shall not be necessary to put or make the questions or state- ments, and the magistrate may, notwithstanding, make an order under this section.

(3) Nothing in this section shall have the effect of taking away from a magistrate any power which he may possess of dealing with a charge summarily.

PART IV.

Saving as to Ordinances relating to women and girls.

(cf. No. 4 of 1897.)

SUMMARY TRIAL OF INDICTABLE OFFENCES.

83. Nothing in this Part shall affect the powers conferred upon magistrates by any Ordinance relating to the protection of women and girls.

Indictable offences

which may be dealt

with sum- marily. Third Schedule.

First Schedule Form No. 82.

84. (1) Whenever any person is accused before a magistrate of any indictable offence, except an offence specified in the Third Schedule, the magistrate, instead of committing the accused for trial before the court, may deal with the case and convict the accused summarily, and on conviction may sentence the accused to imprisonment for any term not ex- ceeding six months or to a fine not exceeding two hundred and fifty dollars: Provided that nothing in this section shall affect any greater punishment specifically provided in any other Ordinance.

(2) The magistrate may nevertheless, if he thinks fit, com- mit any such accused for trial before the court.

(3) Nothing in this section shall affect the provisions of section 86.

THE HONG KONG

85. Where an indictable. Qu

༞::་",༔ ༈

GAZETTE, DECEMBER 9, 1932.

iable summarily Procedure

as to indictable

triable

(1) the procedure shall, until the magistrate assumes the offences power to deal with the offence summarily, be the same in all summarily. respects as if the offence were to be dealt with throughout 42 & 43 Vict, as an indictable offence, but when and so soon as the magis- c. 49, s. 27. trate assumes the power to deal with the offence summarily, the procedure shall be the same from and after that period as if the offence were an offence punishable on summary conviction and not on indictment, and the provisions of this Ordinance relating to offences punishable on summary con- viction shall apply. accordingly;

(2) the evidence of any witness taken before the magis- trate has assumed the said power need not be taken again, but every such witness shall, if the defendant so requires, be recalled for the purpose of cross-examination;

Forms

(3) the conviction for any such offence shall be of the First same effect as a conviction for the offence on indictment before Schedule. the court, and the magistrate may make the like order for the Nos. 38 restitution of property as might have been made by the court; and 82. and

Form

(4) the order of dismissal shall be filed by the magistrates First clerk in like manner as the conviction is hereby required to be Schedule. filed, and together with the order of dismissal or the conviction, No. 83. as the case may be, there shall be filed by such clerk in each case the written charge, the depositions of the witnesses and the statement, if any, of the accused.

summary

indictable

86. Where any person is accused of stealing from the Special person or of any offence within the meaning of either of powers for sections 44 and 45 of the Offences against the Person trial of Ordinance, 1865, it shall be lawful for a magistrate to hear the certain case and convict the accused summarily and to sentence him offences. to imprisonment for any term not exceeding one year, or to Ordinance commit the accused for trial before the court; and it shall also No. 2 of be lawful for two magistrates to sit together to hear the case, (cf. ss. 38 and they may, if they think fit, summarily convict the accused and 84). and sentence him to imprisonment for any term not exceeding two years, or they may commit the accused for trial before the court..

1865.

PART V.

SPECIAL POWERS.

Miscellaneous.

87. In all proceedings before two magistrates sitting to- Issue of gether upon any complaint or information, it shall be lawful process for one magistrate to receive such complaint or information, magistrate

by one and to grant a summons or warrant to compel the attendance though of any witnesses, and to do all other necessary acts and matters before two

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　hearing preliminary to the hearing, even in cases where by the Ordin- magistrates. ance or statute in that behalf such complaint or information 11 & 12 Vict. must be heard and determined by two magistrates sitting to-

c. 43, s. 29.

1227

1228 THE HONG KONG GOV

Procedure where two

GAZETTE, DECEMBER 9, 1932.

gether, and after the case has been so heard and determined one magistrate may issue all warrants of distress or commit- ment thereon : Provided always that in any case where any such complaint or information is heard and determined by two magistrates, or a conviction or order is made by two magis- trates, such magistrates must be present and acting together during the whole of the hearing and determination of the case.

88. If in any case where two magistrates sit together magistrates they are unable to agree in their decision whether the defendant or accused is guilty or not guilty, he shall be committed for trial before the court,

disagree.

Flogging.

Ordinance No. 2 of 1865.

Ordinance No. 5 of 1865.

Ordinance No. 30 of 1915.

Ordinance No. 4 of 1897.

Ordinance No. 3 of 1924.

(cf. No. 3 of 1903).

Power to sentence

juvenile to be whipped

for certain offences.

Ordinances

Nos. 10 of 1866 and

3 of 1903.

Third Schedule.

89. Whenever any male offender is convicted by a magistrate-

(1) under the provisions of either section 44 or section 45 of the Offences against the Person Ordinance, 1865, or

(2) under section 52 of the Offences against the Person Ordinance, 1865, of committing an act of gross indecency with another male person under the age of thirteen, or

(3) under section 29 of the Larceny Ordinance, 1865, of stealing any ornament or other chattel from the

of person any woman or child, or

(4) under the provisions of section 53 of the Asiatic Emigration Ordinance, 1915, or

(5) under the provisions of either section 4 or section 7 of the Protection of Women and Girls Ordinance, 1897, or

(6) under the provisions of the Stowaways Ordinance, 1924,

the magistrate may, in addition to the punishment awarded for such offence, direct that the offender be flogged.

90. Whenever any offender whose age appears to the magistrate not to exceed sixteen years is convicted of any offence other than the offences specified in the Third Schedule, the magistrate may, in lieu of any other punishment to which the offender is liable, and notwithstanding anything to the con- trary in the Peace Preservation Ordinance, 1886, or in the Flogging Ordinance, 1903-

(a) order such offender to be discharged after due admoni- tion; or

(b) order such offender to be delivered to his parent or to his guardian or nearest adult relative or, in the case of the offender being an apprentice or servant, to his master or mis- tress or, in the case of the offender being a schoolboy or school- girl, to the person in charge of the school at which the offender is attending, on such parent, guardian, relative, master, mistress or person in charge of a school executing a bond with or without a surety or sureties that he or she will be responsible for the good behaviour and also, if the magistrate thinks it necessary, for the proper education of the offender for any period not excceding twelve months; or

THE HONG KONG GOVERNMENT

E, DECEMBER 9, 1932. 1229

(c) order such offender if a male to be whipped with not more than twelve strokes of a light cane or rattan within the court premises and in the presence, if they desire to be present, of the parent, guardian, relative, master, mistress or person in charge of such offender.

Provided that, if the offender is convicted of larceny or of any offence which now or at any time hereafter is by law deemed or declared to be simple larceny or punishable as simple larceny or of any assault occasioning actual bodily harm or of any indecent assault, the magistrate may make the order speci- fied in paragraph (c) in addition to any other punishment to which the offender is liable.

cases.

91. When a magistrate has authority under any enact- Power to ment to impose imprisonment of any description for an offence, fine in all and has not authority to impose a fine for that offence, a magis- 42 & 43 Vict. trate may notwithstanding, if he thinks that the justice of c. 49, s. 4. the case will be better met by a fine than by imprisonment, impose a fine not exceeding two hundred and fifty dollars: Provided that the magistrate shall not impose on the offender, in default of payment of the fine, any greater term of impri- sonment than that to which such offender would have been liable under the enactment authorising the said imprisonment.

award

in addition to

92. On the conviction of any person of any offence by Power to which injury or loss to person or property has accrued, the compensation convicting magistrate may order the offender to pay to the per- punishment. son aggrieved reasonable compensation, not exceeding one hundred dollars, in addition to any fine or punishment to which he is sentenced.

Power to sentence

language to

93. If any person behaves in an insulting manner or uses any threatening or insulting expression to or concerning or person using in the presence of a magistrate when acting in the discharge of insulting any magisterial duty, the magistrate may summarily sentence or concerning the offender to imprisonment for any term not exceeding two magistrate. months or to a fine not exceeding fifty dollars.

94. If it appears to a magistrate ----

Power to award com- pensation or

malicious

testimony.

(1) that any charge or complaint was maliciously preferred penalty for without reasonable or probable cause, the magistrate may, on prosecution the application of the person against whom the charge or com- or false plaint was made, order the complainant to pay to such person reasonable compensation not exceeding one hundred dollars : Provided that the award of any such compensation shall be a bar to any civil proceeding for damages by reason of such charge or complaint having been made; or

(2) that

any witness, (which shall include a defendant who gives evidence on his own behalf), has wilfully given false testimony, the magistrate may order him to pay a fine not ex- ceeding one hundred dollars.

Provided always that-

(a) before making any order under sub-section (1) the magistrate shall first give the complainant an opportunity of showing cause why the order should not be made, and shall,

1230

THE HONG KONG GC

NT GAZETTE, DECEMBER 9, 1932.

if so requested by the complainant, adjourn the proceedings in order to enable him to instruct counsel on his behalf;

(b) before making any order under sub-section (2) the magistrate shall first clearly inform the witness of the specific words which appear to the said magistrate to constitute the false testimony and shall give the witness an opportunity of showing cause why the order should not be made, and shall, if so requested by the said witness, adjourn the proceedings in order to enable him to instruct counsel on his behalf; and

(c) if the compensation or fine is not forthwith paid, the magistrate may commit the person against whom the order is made to prison in accordance with the provisions of section 62.

Imprison-

95. Whenever a magistrate awards a pecuniary penalty ment for non-payment or amends for any offence under the Summary Offences Ordin- ance, 1932, and the same is not forthwith paid, the magistrate may commit the offender to prison, with or without hard labour, in accordance with the scale in section 62.

of fine under

Ordinance.

Forfeiture of articles in certain

cases.

96. Whenever any person is found by the police hawking without a licence, or committing any offence against any Ordin- ance relating to markets, or causing any obstruction by hawk- ing in a public thoroughfare, the police are hereby empowered to convey or cause to be conveyed all the articles being hawked and sold before a magistrate, who shall thereupon have power, on conviction of the offender, to order the forfeiture of the said articles or any of them, in addition to or substitution for any other fine or punishment which he may by law impose.

Provisions relating to bail

First Schedule. Forms Nos. 78 aud 79.

Bail.

97.(1) No magistrate or justice of the peace shall admit any person to bail for treason or murder, nor shall such person be admitted to bail except by order of a judge.

(2) Where a person is charged with felony, or with assault with intent to commit a felony, or with an attempt to commit a felony, or with obtaining or attempting to obtain property by false pretences, or with a misdemeanor in receiving stolen property or property obtained by false pretences, or with perjury or subornation of perjury, or with concealing the birth of a child by secret burying or otherwise, or with wilful or indecent exposure of the person, or with riot or assault upon & police officer in the execution of his duty or upon any person acting in his aid, or with an assault in pursuance of a con- spiracy to raise the rate of wages, a magistrate may in his discretion admit the accused to bail, on his procuring or producing such surety or sureties as, in the opinion of the magistrate, will be sufficient to ensure the appearance of the accused at the time and place when and where he is to be tried for such offence; and thereupon the magistrate shall take the recognizance of the accused and his surety or sureties con- ditioned for the appearance of the accused at the time and place of trial and that he will then surrender and take his trial and will not depart the court without leave.

THE HONG KONG GOVERNMENT E:

TE, DECEMBER 9, 1932. 1231

(3) Where a person is charged with an indictable mis- demeanor other than those mentioned in sub-section (2), he shall be entitled to be admitted to bail in the manner mentioned in the said sub-section.

(4) It shall be lawful for a magistrate, on issuing a warrant for the apprehension of any person charged with a bailable offence, to certify on the warrant his consent to the accused being bailed, and thereupon it shall be lawful. for an inspector of police to admit the accused to bail, taking his recognizance and that of his surety or sureties, if any, conditioned for the appearance of the accused at the time and place of hearing and that he will then surrender and take his trial and will not depart the court without leave.

(5) In every case where a person charged with any bail- able indictable offence is committed to prison to take his trial for the same before the court, it shall be lawful, at any time afterwards and before the first day of the criminal session at which he is to be tried or before the day to which such session is adjourned, for the magistrate who has signed the warrant for his commitment, in his discretion, to admit the accused to bail in manner aforesaid; or if the committing magistrate is of opinion that for any of the offences mentioned in sub- section (2) the accused ought to be admitted to bail, such magistrate shall, in such case and in every other case of a misdemeanor committed for trial before the court, certify on the warrant of commitment his consent to the accused being Form bailed, stating also the amount of bail which ought to be No. 80. required and whether with a surety or sureties; and it shall be lawful for a magistrate or for the magistrates' clerk, or for a justice of the peace attending at or visiting the prison where the accused is in custody, on production of such certificate, to admit the accused to bail in manner aforesaid.

(6) In every case where the accused in custody is admitted to bail by a magistrate other than the committing magistrate or by a justice of the peace as aforesaid, such magistrate or justice of the peace shall forthwith transmit the recognizance of bail to the committing magistrate to be transmitted with the depositions.

(7) Where two magistrates sit together either of them. may exercise the powers hereinbefore mentioned.

First

Schedule.

deliverance

prison when

98.--(1) In every case where a magistrate admits to bail Warrant of any person who is then in prison charged with the offence for where which he is so admitted to bail, the magistrate shall send to or accused is in cause to be lodged with the Superintendent of Prisons a war- bail granted. rant of deliverance, under his hand and seal, requiring the 11 & 12 Vict. said Superintendent to discharge the person so admitted to bail, c. 42, s. 24. if he is detained for no other offence, and, on such warrant of Schedule. deliverance being delivered to or lodged with the said Super- Form intendent, he shall forthwith obey the same.

(2) Where, however, the bail of the person in piison is taken by the magistrates' clerk or a justice of the peace in pursuance of section 97 (5), a written certificate, signed by such magistrates' clerk or justice, that the bail has been duly given shall be a good authority to the said Superintendent to discharge the person so bailed from custody forthwith, unless he is also in custody for some other cause.

First

No. 81.

1232

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

Review of decision by magistrate.

Rehearing.

99.-(1) Within seven clear days after the determination in any manner by a magistrate of any matter which he has power to determine in a summary way it shall be lawful for either party thereto to apply to the magistrate to review his decision in the matter.

(2) Any such application may be made by the party himself in person, or may be made by his counsel in open court whether the party himself be present or not.

(3) If either party to the said matter is in the custody of the Superintendent of Prisons, the magistrate shall, unless he dismisses the application forthwith, inform the Superintendent of Prisons in writing that an application for a review has been made, and thereafter the Superintendent of Prisons shall pro- duce the said party whenever so required in writing by a magis- trate for the purposes of the review or of the application there- for.

(4) it shall be lawful for the magistrate to grant the application for a review at any time provided that the applica- bon for the review shall have been duly made in accordance with the provisions of sub-sections (1) and (2).

(5) It shall also be lawful for a magistrate on his own initiative, within seven clear days after the determination in any manner of any matter which he has power to determine in a summary way, to re-open the case, and thereafter, whether within the said period of seven clear days or after its expira- tion, to review his decision in the matter.

(6) If the magistrate on his own initiative reviews his decision or grants an application for a review, it shall be lawful for him upon the review to re-open and re-hear the case wholly or in part, and to take fresh evidence, and to reverse, vary or confirm his previous decision.

(7) If the magistrate upon the review decides that the case is one which should be re-opened and wholly re-heard and if he is of the opinion that in the interests of justice the case should be re-heard by another magistrate. it shall be lawful for some other magistrate to re-hear and determine the case accordingly.

(8) For the purpose of the review a magistrate shall have all the powers, as to securing the attendance of the parties and witnesses and otherwise, that he would have if the matter were brought before him as an original complaint or informa- tion.

(9) No application for a review shall be granted if any proceedings have been commenced by either party with a view to questioning the decision of the magistrate by way of appeal, mandamus or certiorari, unless such proceedings shall have been abandoned, but any such proceedings shall not debar the magistrate from reviewing his decision on his own initia- tive, as provided for by sub-section (5).

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

(10) The refusal of a magistrate to grant a review or his decision upon a review shall for the purposes of sections 100 and 105 be deemed to be the determination of a proceeding which he has power to determine in a summary way.

PART VI

1233

APPEALS.

Appeal on question of law.

case on

42 & 43, Vict.

100. Within seven clear days after the hearing and de- Application termination by a magistrate of any complaint, information, to state charge or other proceeding which he has power to determine point of law. in a summary way, either party thereto or any person aggriev- 20 & 21 Vict. ed thereby who desires to question by way of appeal any con- c. 43, s. 2; viction, order, determination or other proceeding as aforesaid c. 49, s. 33. on the ground that it is erroneous in point of law, or that it is First in excess of jurisdiction, may apply in writing to the magistrate Forms to state and sign a case setting forth the facts and the grounds on which the conviction, order or determination was granted and the grounds on which the proceeding is questioned, for and the opinion of the Full Court.

Schedule.

Nos. 84

and 87. (See s. 108

definitions of "party" and

"respondent" in s. 2).

Registrar

101. The appellant shall, within fourteen days after the Transmission delivery of the case to him as hereinafter mentioned, transmit of case to the case to the Registrar, first giving notice in writing of such and notice to appeal and sending with it a copy of the case to the other respondent. party to the proceeding before the magistrate, hereinafter referred to as the respondent, and to the Crown Solicitor.

20 & 21 Vict. c. 43, s. 3.

102. After the delivery of a case to the appellant as Amendment aforesaid but before the commencement of the hearing by the of case by Full Court, it shall be lawful for the magistrate on application

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　magistrate. by either party and on notice of such application to the other party previously given, to amend the case stated and signed by him in any way he may think fit, provided that if the case is so amended the provisions of sections 101 and 103 shall be com- plied with in respect of the amended case as if it were the case as originally delivered to the appellant and as if the delivery to the appellant of the amended case were the delivery to him of the original case.

for argument.

103. When the case has been transmitted to the Registrar Setting as aforesaid, it shall be set down for argument on the request down case of either party four clear days at least before the day appoint- ed for argument, and shall be heard, save as hereinafter pro- vided, by the Full Court: Provided always that the party setting down the case for argument shall give to the Crown Solicitor and to the opposite party four clear days notice of the day appointed therefor.

case back

104. The Full Court shall have power, if it thinks fit, to Full Court cause the case stated for its opinion to be sent back to the may send magistrate for amendment, and thereupon the same shall be amend amended accordingly, and judgment shall be delivered after the ment. same has been amended.

20 & 21 Vict. c. 43, s. 7.

1234

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

Application for leave

to appeal on question of

Appeal on question of fact.

105. Within seven clear days after the hearing and de- termination by a magistrate of any complaint, information, charge or other proceeding which he has power to determine of re-hearing. in a summary way, either party thereto or any person aggriev-

fact by way

First Schedule. Form No. 85.

Filing of motion in the Full Court.

Procedure

on re-

hearing.

ed thereby who desires to question any conviction, order, de- termination or other proceeding as aforesaid on the ground that it is erroneous in point of fact, or on the ground that there was no evidence on which the magistrate could properly con- vict or make the order or give the determination or take the proceeding in question, as the case may be, may apply to the inagistrate for leave to appeal to the Full Court by way of a re-hearing, and if such leave is granted the magistrates' clerk shall, subject to the provisions of section 108, deliver to the appellant a certificate to that effect, and shall forward the original depositions in the case to the Registrar, or, if the party or person desiring to appeal consents thereto, the magistrate may order the case to be re-heard before him.

106. Within ten days after the receipt of such certificate the appellant shall file the same with the Registrar, together with a motion for a re-hearing before the Full Court, setting forth shortly the grounds therefor, and such motion shall be served on the respondent and on the Crown Solicitor, and the Full Court, on the hearing thereof, may allow or dismiss the appeal, with or without costs, or may grant a re-hearing subject to such terms as to costs or otherwise as it may think fit.

107. On such re-hearing, unless the Full Court otherwise orders, the case shall be heard and the evidence taken de novo, and the Full Court may, in its discretion, allow fresh evidence to be given on such re-hearing: Provided that in a case where the evidence is taken de novo, if it is proved that a wit- ness who was examined before the magistrate is dead or unable to be present on such re-hearing, the Full Court may, in its discretion, admit the deposition of such witness signed by the magistrate, saving all just exceptions.

Giving of security

and fees.

First Schedule. Form No. 88.

Appeals generally.

108.-(1) Within three weeks from the making of an by appellant application under section 100 or 105, the appellant shall enter into a recognizance before a magistrate, with or without sure- ties and in such sum as to the magistrate may seem meet, con- ditioned to prosecute the appeal without delay and to pay such costs as may be awarded by the Full Court:

　　　　　　　　　　　　　　Provided always that, in the case of an appeal touching any fine, the amount of the recognizance shall not be less than the amount of the fine and a sum to cover costs.

First Schedule. Form

No. 89.

(2) The appellant, if in custody, may, by order of a magistrate, be brought up for the purpose of entering into the recognizance.

(3) The appellant shall not be entitled to have the case or certificate delivered to him unless he completes the recogniz- ance within the prescribed time, and if he makes default in so doing the appeal shall be deemed to be abandoned.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

(4) The appellant shall at the same time, and before he shall be entitled to have the case or certificate delivered to him, pay to the magistrates' clerk or other proper oflicer, in respect of the said case, certificate and recognizance, the fees following:-

1. For the recognizance

2. For drawing the case and copy thereof for appellant, if not exceeding 5 folios of

$ c.

2.00

1235

72 words each

3.00

3. Or if the case exceeds 5 folios, for every

additional folio

0.30

4. For the certificate for leave to appeal

...

0.50

(5) The appellant, if then in custody, shall be liberated on the recognizance being further conditioned for his sub- mission to the judgment of the Full Court and for his appear- ance before a magistrate within ten days after the judgment of the Full Court has been given, to abide such judgment, unless the conviction, order or determination appealed against is quashed, set aside or reserved.

(6) This section shall not apply where the application is made by or under the direction of the Attorney General.

(7) If default is made in performing any part of the condition of the recognizance it shall be lawful for the Full Court upon motion by the respondent to declare the recogniz- ance estreated, and the appeal shall thereupon for the purposes of section 115 be deemed to have been decided in favour of the respondent.

109.--(1) Any notice or document required to be given, Service sent to or served on the respondent by the appellant shall be and notice. deemed to have been duly given, sent or served if the same shall have been delivered to the solicitor for the time being representing the respondent.

(2) If there be no solicitor representing the respondent and it shall be proved that it was impracticable to give or send to or serve on the respondent any notice or document required by this Ordinance, the Full Court, in court or in cham- bers, may direct that the notice or document be advertised or otherwise published and in any event may proceed as though the said notice or document had been duly given or sent to or served on the respondent.

or to grant

certificate

for leave to appeal. 20 & 21 Vict.

110. If the magistrate is of opinion that the application Refusal to to state or amend a case or for leave to appeal on a question state case of fact is merely frivolous, but not otherwise, he may refuse to state or amend a case or to grant a certificate for leave to appeal, and shall, on the request of the party or person apply- ing therefor, sign and deliver to him a certificate of such re- fusal, on payment of the sum of fifty cents:

Provided always Schedule. that the magistrate shall not refuse to state a case or to grant a Form certificate for leave to appeal where the application therefor is made to him by or under the direction of the Attorney General.

c. 43, s. 4.

First

No. 86.

1236

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

Compelling magistrate

to state or amend case

or to grant certificate.

c. 43, s. 5.

111. (1) Subject as aforesaid, if the magistrate refuses to state a case, or neglects to state a case within three weeks. from the time when the application therefor was granted, or refuses to amend a case, when stated and delivered, on the 20 & 21 Vict. application of either party, the time limited for such amendment, or refuses a certificate for leave to appeal, it shall be lawful for the party aggrieved by such refusal or neglect to apply to the Full Court, by notice of motion served on the magistrate and on the other party, supported by an affidavit of the facts, for a rule calling upon the magistrate to show cause why such case should not be stated or amended or such leave to appeal granted; and the Full Court may make the same absolute or discharge the same with or without pay- ment of costs by the magistrate or either party, as may seem just.

Depositions admissible on appeal.

Power to the Full Court to determine questions on case stated

or on re-

hearing.

(2) The magistrate, on being served with such rule ab- solute, shall state a case, or amend the case stated, or grant a certificate for leave to appeal accordingly.

112. On any appeal under section 105 or on any applica- tion under section 104 for a case stated to be sent back for amendment or on

any motion under section 118, the depositions taken before the magistrate, or a certified copy thereof, shall, without prejudice to any other method of proof, be admissible as evidence of the evidence which was given and of the statements which were made before the magistrate, and generally that the proceedings therein recorded took place.

113. The Full Court, on the argument of any case stated or on any re-hearing, may reverse or affirm the decision of the magistrate, or may amend or alter such decision by making any order which the magistrate would have had power to make in the matter, or may remit the matter to the magistrate with the opinion of the Full Court thereon, or may make such 20 421 Vict. other order in relation to the matter, and make such orders as to costs, as to the Full Court may seem fit: Provided always that no magistrate who states and delivers a case pursuant to this Ordinance or grants leave to appeal shall be liable to any costs in respect of or by reason of such appeal against his determination.

c. 43, s. 6.

Enforcing determination after appeal. 20 & 21 Vict. c. 43, s. 9.

Issue of

warrant of distress or

114.- (1) After the decision of the Full Court in relation to any appeal under this Ordinance, the magistrate shall have authority to enforce any conviction or order which may have been affirmed, amended or made by such court as fully and in the same manner as though it were the original decision of the magistrate.

(2) No action, suit or proceeding whatsoever shall be commenced or had against the magistrate for enforcing such conviction or order.

115.- (1) After an appeal has been decided, if the same has been decided in favour of the respondent, any magistrate- commitment may issue his warrant of distress or commitment for the of conviction execution of such conviction or order as if no such appeal

had been brought

for execution *

or order

after appeal.

11 & 12 Vict.

c. 43, s. 27.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

(2) If, on any such appeal, the Full Court orders either party to pay costs, such order shall direct such costs to be paid to the Registrar to be by him paid over to the party entitled to the same, and shall state within what time such costs shall be paid, and if the same are not paid within the time so limited, and the party ordered to pay the same is not bound by any recognizance conditioned to pay such costs, the Registrar on the application of the party entitled to such costs or of any person on his behalf, and on payment of a fee of twenty-five cents, shall grant to the party so applying a certificate that such costs have not been paid.

Schedule.

No. 90.

(3) On the production of such certificate to any magistrate First it shall be lawful for him to enforce the payment of such costs Form by warrant of distress in manner hereinbefore provided for en- forcing the payment of costs, and, in default of distress. the magistrate may commit the party against whom such warrant has issued in manner hereinbefore mentioned for any time not exceeding three months, unless the amount of such costs, and all costs and charges of the distress, and also the costs of the commitment, if the magistrate thinks fit so to order (the amount thereof being ascertained and stated in the commit- ment), shall be sooner paid.

of appellant, appeal or rehearing.

116. (1) Any judge shall have power to admit to bail Treatment any appellant who is in the custody of the Superintendent of Prisons, or such judge may order him to be brought up to the court in custody for the purpose of attending the appeal or any application or proceeding therein.

(2) Every person who has applied in writing to a magis- trate to state and sign a case, or who has applied to a magis- trate for leave to appeal to the Full Court by way of a re-hear- ing, or who has applied to a magistrate to review his decision. or adjudication under the provisions of section 99, shall, if he is in the custody of the Superintendent of Prisons, be treated, pending the determination of such application and of the sub- sequent appeal or review, if any, in such manner as may be Ordinance directed by the rules made under the Prisons Ordinance, 1932 1932, for the case of persons awaiting trial.

No. 38 of

c. 23,

(3) The time during which an appellant, pending the 7 Edw. 7, determination of his appeal, is admitted to bail, and, subject . 14 (3). to any directions which the Full Court may give to the con- trary, the time during which the appellant, if in custody, is treated under this section as if he were a person awaiting trial, shall not count as part of any term of imprisonment under his sentence, and any imprisonment under the sentence of the appellant, whether it is the sentence passed by the magistrate or the sentence passed by the Full Court, shall, subject to any directions which may be given by the Full Court, be deemed to be resumed or to begin to run, as the case requires, if the appellant is in custody, as from and including the day on which the appeal is determined, or, if he is not in custody, as from and including the day on which he is received into prison. under the sentence.

(4) Sub-sections (1) and (3) shall apply to the case of a person who has applied for a re-hearing under the provisions. of section 99, as if he were an appellant, save that references to a judge shall be understood as references to the magistrate by whom the original proceeding was determined, references

1237

1238

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932,

to the Full Court shall be understood as references to a magistrate upon the re-hearing, and references to an appeal shall be understood as references to a review.

Provision for absence or

illness of one

of the

judges.

Ordinance No. 27 of 1912.

Death,

absence or

magistrate.

117. Notwithstanding the provisions of section 5 of the Full Court Ordinance, 1912, in the absence or illness of one of the judges, the powers of the Full Court contained in this Part may be exercised by one judge, if he thinks fit.

118. If any step in or in connection with any appeal or incapacity of intended appeal is rendered impossible by the death, absence or incapacity of a magistrate, the Full Court upon motion shall have power for good cause to order that the case be heard de novo by the Full Court and the same shall be so heard accordingly.

PART VII.

PROTECTION OF MAGISTRATES.

Action against magistrate for act within his

jurisdiction. 11 & 12 Vict.

c. 44, s. 1.

Action for act done without

or in excess

of jurisdic tion.

c. 44, s. 2.

119. In every action brought against any magistrate for any act done by him in the execution of his duty as such magistrate, with respect to any matter within his jurisdiction. as such magistrate, it shall be expressly alleged that such act Was done maliciously and without reasonable and probable cause; and if at the trial of any such action the plaintiff fails to prove such allegation, he shall be nonsuit or the judgment or verdict, as the case may be, shall be for the defendant.

120. For any act done by a magistrate in a matter over which by law he has no jurisdiction or in which he has exceed- ed his jurisdiction, any person injured thereby, or by any act done under any conviction or order made or warrant issued 11 & 12 Vict. by the magistrate in any such matter, may maintain an action. against the magistrate in the same form and in the same case as he might have done before the commencement of this Ordinance, without making any allegation in his pleadings that the act complained of was done maliciously and without reason- able and probable cause: Provided, nevertheless, that no such action shall be brought for anything done under such conviction or order until after such conviction or order has been quashed, either on appeal to the Full Court or on applica- tion to the court, nor shall any such action be brought for anything done under any such warrant which has been issued by the magistrate to procure the appearance of such party, and which has been followed by a conviction or order in the same matter, until after such conviction or order has been so quashed as aforesaid; or if such last-mentioned warrant has not been followed by any such conviction or order, or if it is a warrant on an information for an alleged indictable offence, nevertheless, if a summons was issued pre- viously to the warrant, and such summons was served on such person, either personally or by leaving the same for him wit some person at his last or most usual place of abode, and he did not appear according to the exigency of the summons, in such case no such action shall be maintained against the magis- trate for anything done under warrant.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932. 1239

c. 44, s. 3.

121. Where a conviction or order is made by one magis- Action to

be against urate and a warrant of distress or of commitment is granted convicting thereon by another magistrate bonâ fide and without collusion, magistrate. no action shall be brought against the magistrate who so 11 & 12 Vict. granted the warrant by reason of any defect in the conviction or order, or for any want of jurisdiction in the magistrate who made the same, but the action, if any, shall be brought against the magistrate who made the conviction or order.

magistrate

122.-(1) In any case where a magistrate refuses to do Compelling any act relating to the duties of his office as such magistrate, to do act, it shall be lawful for the party requiring such act to be done and im- munity to apply to the Full Court, on an affidavit of the facts, for a for doing it. rule calling upon such magistrate, and also the party to be 11 & 12 Vict. affected by such act, to show cause why such act should not c. 44, s. 5. be done; and if, after due service of such rule, good cause is not shown against it, the Full Court may make the same absolute, with or without costs, as may seem meet.

(2) The magistrate, on being served with such rule ab- solute, shall obey the same, and shall do the act required; and no action or proceeding whatsoever shall be commenced or prosecuted against the magistrate for having obeyed such rule and done such act so thereby required as aforesaid.

no action

warrant upon it

123. in any case where a warrant of distress or warrant After appeal of commitment is granted by a magistrate on any conviction for anything or order which, either before or after the granting of such done under warrant, has been or is confirmed on appeal, no action shall be brought against the magistrate who so granted the warrant 11 & 12 Vict. for anything which may have been done under the same by c. 44, s. 6. reason of any defect in the conviction or order.

124. In any case where by this Ordinance it is enacted Setting aside that no action shall be brought in particular circumstances, if of action

prohibited any such action is brought, it shall be lawful for a judge, on by the summons taken out by the defendant and on an affidavit of facts, to set aside the proceedings in the action, with or with- 11 & 12 Vict. out costs, as to him may seem meet.

Ordinance.

c. 44, s. 7.

of actions,

125. Where any action is brought against any magis- Provisions as trate for any act done by him in a matter over which by law to limitation he has no jurisdiction or in which he has exceeded his jurisdic- costs, tender, tion, or in respect of any alleged neglect or default in the payment and exercise of his jurisdiction, the following provisions shall 56 & 57 Vict. apply:-

(1) The action shall not lie or be instituted unless it is commenced within six months next after the act, neglect or default complained of, or, in case of a continuance of injury or damage, within six months next after the ceasing thereof.

(2) Whenever in any action a judgment is obtained by the defendant it shall carry costs to be taxed as between solicitor and client.

(3) In any action tender of amends before the action was commenced may, in lieu of or in addition to any other plea, be pleaded. If the action was commenced after the tender, or is proceeded with after payment into court of any money in satisfaction of the plaintiff's claim, and the plaintiff does not recover more than the sum tendered or paid, he shall not recover any costs incurred after the tender or payment, and the defendant shall be entitled to costs, to be taxed as hetween solicitor and client, as from the time of the tender or payment.

notice.

c. 61, s. 1.

1240

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

Amount of damages in certain cases.

c. 44, s. 13.

(4) If, in the opinion of the court, the plaintiff has not given the defendant a sufficient opportunity of tendering amends, before the commencement of the action, the court may award to the defendant costs to be taxed as between solicitor and client.

126. In any case where the plaintiff in any such action. is entitled to recover, and he proves the levying or payment 11 & 12 Vict. of any fine or sum of money under any conviction or order as part of the damages which he seeks to recover, or if he proves that he was imprisoned under such conviction or order, and seeks to recover damages for such imprisonment, he shall not be entitled to recover the amount of such fine or sum so levied or paid, or any sum beyond the sum of five cents as damages for such imprisonment, or any costs of suit whatsoever, if it is proved that he was actually guilty of the offence of which he was so convicted, or that he was liable by law to pay the sum which he was so ordered to pay, and (with respect to such im- prisonment) that he had undergone no greater punishment than that assigned by law for the offence of which he was so con- victed or for non-payment of the sum which he was so ordered to pay.

Rules.

Second Schedule.

Regulations as to costs and fees.

Repeal of Ordinances

No. 3 of 1890,

of 1926,

PART VIII.

MISCELLANEOUS.

127. The rules in the Second Schedule shall be observed in carrying into effect this Ordinance.

128.-(1) It shall be lawful for the Governor in Council to make regulations as to the fees to be taken, if any, at the magistrates' court in respect of any proceedings or of the issuing, service or execution of any process or otherwise, and as to the costs, if any, to be allowed for the attendance of witnesses or for legal assistance or otherwise, and to fix a scale of such fees and costs, and by regulation to exempt in any particular class of cases from the payment of such fees and costs or either of them.

(2) A table of the fees and costs in force shall be hung up in some conspicuous part of the magistrates' court.

(3) It shall be lawful for any magistrate to refuse to do any act for which any fee is payable unless such fee has been paid; and if any such act is done and the fee due thereon is not paid, it shall be lawful for any magistrate to summon the person from whom such fee may be due and to recover the same by warrant and distress in manner hereinbefore provided for the recovery of fines.

129. The Magistrates Ordinance, 1890, the Magistrates Amendment Ordinance, 1926, the Magistrates Amendment No. 2 Ordinance, 1927, the Magistrates Amendment Ordinance, 1928, and the Magistrates Amendment Ordinance, 1931, are

No. 23 of

1927, No. 16 hereby repealed.

of 1928 and

No. 21 of 1931.

Commence- ment.

130. This Ordinance shall come into operation on the first day of January, 1933.

Passed the Legislative Council of Hong Kong, this 8th day of December, 1932.

R. A. C. NORTH, Deputy Clerk of Councils.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

1211

FIRST SCHEDULE.

[.8 4.]

FORMS.

NOTE. These forms may be varied or added to as circumstances may require, provided such variations are not inconsistent with the requirements of this Ordinance.

PART I.

FORMS FOR SUMMARY OFFENCES.

FORM NO. 1.

[ss. 8 and 66.]

Summons to the defendant on an information or complaint.

HONG KONG,

To C.D., of

IN THE POLICE COURT AT

[labourer].

Information having this day been laid for complaint having this day been made, or whereas you have this day been charged] before the undersigned, a magistrate of the said Colony, for that you [here state shortly the matter of the information, complaint, or charge]: These are, therefore, to command you, in His Majesty's name to be and appear on

day, the

day of

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　19 at

o'clock in the

　　　　　　　　　　　　noon, at the said police court, before such magistrate as may then be there, to answer to the said information [or complaint, or charge], and to be further dealt with according to law.

Dated this

[L.S.]

day of

(Signed.)

Magistrate.

HONG KONG.

FORM NO. 2.

Warrant when summons is disobeyed.

IN THE POLICE Court at

[ss. 9 and 66.]

To each and all of the constables of the said Colony.

day of

information was

On the laid, for complaint was made, or C.D. was charged] before the under- signed, a magistrate of the said Colony, that C.D. [or he, the said C.D.] [as in the summons]; and a summons was then issued by me to the said C.D., commanding him, in His Majesty's name, to be and ap-

day, the pear on

day of o'clock in the

at noon, at the said police court, before such magistrate as might then be there, to answer to the sa'd information [or complaint, or charge], and to be further dealt with. according to law; and the said C.D. having neglected to be or appear at the time and place so appointed in and by the said summons, although it has been proved to me upon oath [or declaration] that the said summons has been duly served on the said C.D. These are, therefore, to command you, in His Majesty's name, forthwith to apprehend the said C.D. and to bring him before me or such magistrate, as may then be sitting to answer to the said information [or complaint, or charge], and to be further dealt with according to law.

Dated this

[L.S.]

day of

(Signed.)

Magistrate.

1242

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

FORM No. 3.

HONG KONG,

Warrant in the first instance.

IN THE POLICE COURT AT

[ss 9, 66 and 68.]

To each and all of the constables of the said Colony.

Information having this day been laid [or C.D. having this day been charged before the undersigned, a magistrate of the said Colony, for that C.D. [or he, the said C.D.] [here state shortly the matter of the information or charge]; and oath [or declaration] being now made before me substantiating the matter of such information [or charge: These are, therefore, to command you, in His Majesty's name, forthwith to apprehend the said C.D. and to bring him before a magistrate of the said Colony to answer to the said information [or charge], and to be further dealt with according to law.

Dated this.

[L.S.]

day of

(Signed.)

Magistrate.

NOTE. When the offence is committed on the high scas [or in foreign parts] the warrant should describe the party injured to have been at the time of the offence "in the peace of the King."

FORM No. 4.

(s. 14.]

HONG KONG.

Warrant of committal for safe custody during

an adjournment of the hearing.

IN THE POLICE COURT AT

To each and all of the constables of the said Colony and to the Superintendent of Prisons.

On the

day of

•

19 information was

laid [or complaint was made, or C.D. was charged] before the under- signed, a magistrate of the said Colony for that [or as in summons], and the hearing of the same having been adjourned to

day, the

day of

o'clock in the forenoon, it is necessary that the said C.D. should in the meantime be kept in safe custody: These are, therefore, to command you, the said constables, in His Majesty's name, forthwith to convey the gaid C.D. to a prison, and there to deliver him to the Superintendent of Frisons, with this precept; and you, the said Superintendent, to receive the said C.D. into your custody in a prison, and there safely to keep him until

day, the

day of

19 when you are hereby required to convey and have him at the time and place to which the said hearing is so adjourned as aforesaid, at noon of the same day, before me or such magistrate as may then be there, to answer further to the said information [or complaint, or charge], and to be further dealt with according to law, unless you shall be otherwise ordered in the

meantime.

o'clock in the

Dated this

[L.S.]

day of

(Signed.)

Magistrate.

FORM No. 5.

[ss. 12, 14, 17, 24, 26, 30, 58 and 59.]

Recognizance conditioned for appearance or for doing some other thing

HONG KONG.

IN THE POLICE COURT AT

The

day of

We, the undersigned C.D., of

and G.H., of

E.F., of

　　　　　, severally acknowledge ourselves to owe to Our Sovereign Lord the King the several sums following, namely, the

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

said C.D. as principal the sum of G.H. as sureties the sum of

and the said E.F. and each, to be levied on our several

goods, lands, and tenements if the said C.D. fails in the condition hereon indorsed.

Signed (where not taken orally).

1213

C. D.

E. F.; G. H.

Taken [orally] before me the

day of

[L.S.]

(Signed.)

Magistrate.

[or Superintendent 0 Police or as the case may be.]

CONDITION INDORSED.

The condition of the within-written recognizance is such that if the within-bounden C.D. appears before such magistrate as may then be sitting at the said police court on

day, the o'clock in the

day of noon, to and to before such for sentence

answer [further] to the charge made against him by be [further] dealt with according to law [or appears magistrate as may then be sitting at when called upon or as the case may be] then the said recognizance shall be void, but otherwise shall remain in full force.

NOTE. Where the recognizance is taken orally omit the words "the undersigned" and insert the word "orally" after "taken."

FORM No. 6

[s. 58.]

Notice of such recognizance to be given to the defendant and his surety.

HONG KONG,

IN THE POLICE COURT AT

Take notice that you C.D. have undertaken in the sum of and you E.F. in the sum of

that you C.D. appear personally on

day, the

day of o'clock in the noon, at the said police court, before such magis- trate as may then be there, to answer further to a certain information [or complaint] of A.B., the further hearing of which was adjourned to the said time and place [or as the case may be], and unless you C.D. appear accordingly, the recognizance entered into by you C.D. and by E.F as your surety will be forthwith enforced against you both.

Dated this

[L.S.]

day of

(Signed.)

Magistrate.

FORM No. 7. [ss. 12, 14, 17, 24 and 58.]

Certificate of forfeiture to be indorsed on recognizance.

The within-named C.D. not having appeared [or as the case may be] at the time and place in the said condition mentioned, it is hereby certified that the within-written recognizance is forfeited.

Dated this

[L.S.]

day of

(Signed.)

Magistrate.

1244

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

FORM No. 8.

[ss. 15 and 16.]

HONG KONG.

Summons to a witness.

IN THE POLICE Court AT

To E.F. [address and description.]

Information having been laid [or complaint having been made, or C.D. having been chargedj before the undersigned, a magistrate of the said Colony, for that [as in the summons to defendant]; and it having been made to appear to me upon oath [or declaration] that you are likely to give material evidence on behalf of the informant for com- plaint, or defendant, or accused] in this behalf: These are, therefore, to require you to be and appear on

　　　　　　　　　　　　　　　　　day, the day of

o'clock in the

noon,

at at the said police court, before such magistrate as may then be there, to testify what you shall know concerning the matter of the said in- formation [or complaint, or charge].

Dated this

[L.S.]

day of

(Signed.)

Magistrate.

NOTE.-The time of service of the summons is to be indorsed thercon.

FORM NO. 9.

[ss. 15 and 16.]

Warrant where a witness has not obeyed a summons.

HoNG KONG.

IN THE POLICE Court aT

To cach and all of the constables of the said Colony.

•

Information having been laid [or complaint having been made, or C.D. having been charged] before the undersigned, a magistrate of the said Colony, for that [as in the summons to defendant] and it having been made to appear to me upon oath [or declaration] that E.F. of [address and description] was likely to give material evidence on behalf of the informant for complainant, or defendant, or accused] a sum- mons was duly issued by me to the said E.F. requiring him to be and appear on

day, the

　　　　　　　　　　　　day of o'clock in the

noon, at the said police court before such magis- trate as might then be there, to testify what he should know concern- ing the said C.D. or the matter of the said information [or complaint, or charge]; and proof having this day been made before me upon oath [or declaration] of such summons having been duly served on the said E.F. and of a reasonable sum having been tendered to him for his costs and expenses in that Lehalf; and the said E.F. having neglected to appear at the time and place appointed by the said summons, and no just excuse having been offered for such neglect: These are, therefore, to command you to take the said E.F. and to bring and have him on

day, the

day of

o'clock in the

　　　noon, at the said police court before such magis- trate as may then be there, to testify what he shall know concerning the matter of the said information [or complaint, or charge].

Dated this

[L.S.]

day of

(Signed.)

Magistrate.

HoNG KONG.

FORM No. 10.

[ss. 15 and 16.]

Warrant for a witness in the first instance.

IN THE POLICE Court AT

To each and all of the constables of the said Colony.

Information having been laid for complaint having been made, or C.D. having been charged] before the undersigned, a magistrate of the said Colony, for that [as in the summons to defendant]; and it being made to appear before me upon oath [or declaration] that E.F., of

•

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

1245

[labourer] is likely to give material evidence on behalf of the informaut or complainant, or defendant, or accused in this matter, and it is probable that the said E.F. will not attend to give evidence without being compelled to do so: These are, therefore, to command you to bring and have the said E.F. on

day,

the

day of

•

}

o'clock in noon, at the said police court, before such magistrate as may then be there, to testify what he shall know concerning the matter of the said information [or complaint, or charge].

Dated this

[L.S.]

day of

(Signed.)

FORM NO. 11.

Magistrate.

[ss. 15, 16 and 72.]

Commitment of a witness refusing to be sworn or to give evidence.

HONG KONG,

IN THE POLICE COURT AT

To cach and all of the constables of the Colony and to the Superintendent of Prisons.

day of

}

Information having been laid [or complaint having been made, ori A.B. having been charged] before the undersigned, a magistrate of the said Colony, for that [as in the summons to defendant]; and one · E.F. now appearing before me as such magistrate as aforesaid on day, the

　　　　　　　　　　　　　　　　at the said police court, and being required by me to make oath [or declaration] as a witness in that behalf now refuses so to do [or being sworn as a witness in the matter of the said information, or complaint, or charge refuses to answer certain questions, without offering any just excuse for such› his refusal: These are, therefore, to command you, the said constables to take the said E.F. and him safely to convey to a prison, and there to deliver him to the Superintendent of Prisons, together with this precept, and you, the said Superintendent, to receive the said E.F. into your custody in a prison, and there imprison him for such his contempt for the space of

days, unless he shall in the mean- time consent to be examined and to answer concerning the premises; and for your so doing this shall be your sufficient warrant.

Dated this

[L.S.]

day of

(Signed.)

FORM NO. 12.

Magistrale.

[ss. 12 and 73.]

Warrant to remand a defendant when apprehended.

HoNG RoNG

IN THE POLICE COURT AT

To cach and all of the constables of the said Colony and to the Superintendent of Prisons.

Information having been laid for complaint having been made, or C.D. having been charged before the undersigned, a magistrate of the said Colony, for that [as in the summons or warrant]; and the said· C.D. being now brought before me as such magistrate as aforesaid under and by virtue of a warrant upon such information [or complaint, or charge] These are, therefore, to command you, the said con- stables, in His Majesty's name, forthwith to convey the said C.D. to` a prison and there to deliver him to the Superintent of Prisons, together with this precept and vou, the said Euper'ntendert, to receive the said C.D. into your custody in a prison, and there safely to keep him until

day, the

day of

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　19 when you are hereby commanded to convey and have him at the said police

o'clock in the

　　　　　　　　　　　　　　　　noon of the same day, before such magistrate as may then be there, to answer to the said informa- tion for complaint, or charge], and to be further dealt with according to law.

court at

་

Dated this

[L.S.]

day of

(Signed.)

Magistrate.

}

1246

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

FORM NO. 13.

[ss. 28 and 75.]

HONG KONG.

Minute and depositions of witnesses.

IN THE POLICE COURT AT

Rex, on the information [or complaint] of A.B., versus C.D., &c.

Before J.P., Esquire, a magistrate of the said Colony, sitting at the said police court.

The examination of E.F., of

day of

[merchant], and G.H.,

[labourer], taken upon oath [or declaration] this

19 at the said court before the undersigned, a magistrate of the said Colony, in the presence and hearing of C.D. against whom information is laid for complaint is made, or who is charged by A.B. this day before [me], for that he, the said C.D., 19 at [describing the offence as in the information, summons, or warrant of commitment].

on the

day of

•

This deponent E.F. upon his oath for declaration] saith as follows: [stating the deposition of the witness as nearly as possible in the words he uses.

When his deposition is complete, if the offence is an indict- able one, let him sign it].

And this deponent G.H. upon his oath [or declaration] saith as follows: (etc.).

The above depositions of E.F. and G.H. were taken [and sworn] before me at

on the day and year first above mentioned.

[L.S.]

(Signed.)

Magistrate.

NOTE. Where a fine is inflicted a memorandum of penaltics paid into court shall be added.

FORM No. 14.

[s. 22.]

Conviction for fine, etc., to be levied by distress, and, in default of sufficient distress, imprisonment

HONG KONG.

IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the said police court.

The

day of

C.D. (hereinafter called the defendant) is this day convicted before the said court for that he, on the

day of

　[state offence]; and it is adjudged that the defendant for his said offence do forfeit and pay the sum of [state the fine and also the compensation, if any] to be paid and applied according to law and also do pay to the said A.B. the sum of

for his costs

in this behalf; and if the said several sums be not paid forthwith, [or on or before the

day of

19 ,1* it is further ordered that the same be levied by distress and sale of the defendant's goods and chattels, and, in default of sufficient distress, *it is adjudged that the defendant be imprisoned in a prison in the said Colony, [and there kept to hard labour] for the space of unless the said several sums and all costs and charges of the said distress [and of the commitment and conveying of the defendant to a prison, shall be sooner paid.

[L.S.]

(Signed.)

Magistrate.

*Or, where the issuing of a distress warrant would be ruinous to the defendant or his family, or it appears that he has no goods whereon to levy a distress, or where, in the opinion of the magistrate, it is in- expedient to issue such warrant of distress, then instead of the words between the asterisks* *say, "then, inasmuch as it has now been made to appear to me that the issuing of a warrant of distress in this behalf.: would be ruinous to the defendant and his family, for that the defend- ant has no goods or chattels whereon to levy the said sums by dis- tress]" or "then inasmuch as I deem it inexpedient to issue such warrant, of distress".

རྙ

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9. 1932.

FORM No. 15.

[ss. 22, 35 and 45.]

Conviction for fine, to be levied by distress, and, in default of sufficient distress, imprisonment. Payment forthwith or by a

HONG KONG.

given day or by instalments.

IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the said police court.

1217

The

day of

}

C.D. (hereinafter called the defendant) is this day convicted before the said court for that he, on the

day of

[state offence]; and it is adjudged that the defendant do for his said offence forfeit and pay to the magistrates' clerk [or other the person to whom payment is to be made at

the sum

of [amount of fine] and do also pay to the said A.B. the sum of

for compensation [if awarded] and

for costs

[or without costs.*]

And it is ordered that the said sums be paid forthwith, [or on the

day of

or by instalments of for every

　　　days, the first instalment to be paid forthwith or on the

day of

　　　　　　　　　　　　　　　　　　,] and if default is made in payment according to this adjudication and order, it is ordered that the sums due thereunder be levied by distress and sale of the defendant's goods; and, in default of sufficient distress, it is adjudged that the defendant be imprisoned in a prison in the said Colony [and there kept to hard labour] for the space of

　　　　　　　　　　　　　　　　　　　　　　unless the said sum, and all costs and charges of the said distress, shall be sooner paid.

[L.S.]

(Signed.)

Magistrate.

Where the fine does not exceed two dollars, omit the direction to pay costs, and insert the words "without costs," unless costs are expressly ordered.

FORM No. 16.

[ss. 22 and 35.]

Conviction for fine and, in default of payment, imprisonment.

HONG KONG,

IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the said police court.

The

day of

C.D. (hereinafter called the defendant) is this day convicted before

19 the said court for that he, on the

day of

[state offence]; and it is adjudged that the defendant for his said offence do forfeit and pay the sum of [state the fine and the compensation, if any], to be paid and applied according to law, and also do pay to the said A.B. the sum of

　　　　　　　　　　　　　　　　　　　to be paid for his costs in this behalf; and if the said several sums are not paid forthwith

　　　　　　　　　　　　　　　　　　　　　　　　　19 [or on or before the

day of

　　　　　　　　　　　　　　　　　　　　　　　, it is further adjudged that the defendant be imprisoned in a prison in the said Colony and there kept to hard labour [if so adjudged] for the space of

unless the said several sums shall be sooner paid.

[L.S.]

(Signed.)

FORM NO. 17.

Magistrate.

[ss. 22 and 35.]

Conviction for fine, and, in default of payment, imprisonment. Payment forthwith, or by a given day, or by instalments.

HONG KONG.

IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the said police court.

1248 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

The

day of

C.D. (hereinafter called the defendant) is this day convicted before the said court for that he, on the

day of

[state offence]; and it is aujudged that the defendant do for his said offence icrfeit and pay to the magistrates' clerk [or other the person to whom payment is to be made] ut

the sum of [amount of fine], and do also pay to the said A.B. the sum of

for compensation [if awarded] and

for costs

[or without costs.*]

And it is ordered that the said sums be paid forthwith [or on the

for every on the

day of

19 or by instalments of days, the first instalment to be paid forthwith or day of

19 ]; and if default

is made in payment according to this adjudication and order, it is adjudged that the defendant be imprisoned in a prison in the said Colony [and there kept to hard labour] for the space of unless the said sums shall be sooner paid.

[L.S.]

(Signed.)

Magistrate.

*Where the fine does not exceed two dollars, omit the direction to pay costs, and insert the words "without costs" unless costs are ex- Fressly ordered.

FORM No. 18.

[ss. 22 and 35.]

Conviction when the punishment is by imprisonment. Costs.

HoNG KONG.

IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the said police court.

The

day of

C.D. (hereinafter called the defendant) is this day convicted before the said court for that he, on the

day of

[state offence]; and it is adjudged that the defendant for his said offence be imprisoned in a prison in the said Colony [and there kept to hard labour] for the space of

; and

it is also adjudged that the defendant do pay to the said A.B. the sum cf

　for his costs in this behalf, and if the said sum for costs be not paid forthwith [or on or before the

day of

}

19 ]*, then it is ordered that the said sum be levied by distress and sale of the goods and chattels of the defendant and, in default of sufficient distress in that behalf,* it is adjudged that the defendant be imprisoned in a prison and there kept to hard labour for the space of

to commence at and from the termination of his imprisonment aforesaid, unless the said sum for costs and all costs and charges of the said distress shall be sooner paid.

[L.S.]

(Signed.)

Mcgistrate.

*Or, where the issuing of a distress warrant would be ruinous to the defendant or his family, or it appears that he has no goods whereon to levy a distress, then, instead of the words between the asterisks* *say, "inasmuch as it has now been made to appear to me that the issuing of a warrant of distress in this behalf would be ruinous to the defendant and his family, for that the defendant has no goods or chattels where on to levy the said sum for costs by distress]".

FORM No. 19.

[s. 22.

Conviction where punishment is by imprisonment. No Costs.

Hong KoxG.

IN THE POLice Court aT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the said police court.

The

day of

. 19

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

C.D. (hereinafter called the defendant) is this day convicted before the said court for that he, on the

day of

[state offence]; and it is adjudged that the defendant for his said offence be imprisoned in a prison in the said Colony [and there kept to hard labour] for the space of

}

[L.S.]

(Signed.)

FORM NO. 20.

Magistrate.

[ss. 22 and 35. |

Conviction or order where security is to be given for payment.

HONG KONG.

IN THE POLICE COURT AT

[Proceed as in ordinary conviction or order down to direction as to time of payment inclusive, and then, instead of inserting any direction as to distress or imprisonment, proceed as follows]-

and it is ordered that

in the sum of

be at liberty to give, to the

satisfaction of a magistrate [or such person as may be named], security

with two sureties [or one surety [each], for the payment of the said sums as

in the sum of

above directed.

[L.S.]

(Signed.)

Magistrate.

FORM NO. 21.

[ss. 22, 30 and 35.]

Conviction where defendant is discharged conditionally on giving security to appear or to be of good behaviour.

HONG KONG.

IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the said police court.

The

day of

C.D. (hereinafter called the defendant) is this day convicted before the said court for that he, on the

day of

;

　　　[state offence]; but being of opinion that the said offence was of so trifling a nature that it is inexpedient to inflict any punishment [or any other than a nominal punishment], and the defendant having given security, to my satisfaction [or to the satis- faction of J.P., Esquire, a magistrate, &c.] to appear for sentence when called upon [or to be of good behaviour], he is discharged; and it is ordered that the defendant do pay to the said A.B. for damages and

on or before the

by instalments of

for costs [if so ordered] forthwith [or

day of

for every

instalment to be paid on or before the

ΟΤ

days, the first

day of

19 1; and if default is made proceed as in conviction to be levied by distress].

[L.S.]

(Signed.)

FORM NO. 22.

Magistrate.

[s. 22.]

Order for payment of money, and, in default of payment, imprisonment.

HONG KONG.

IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the said police court.

The

day of

A.B. having made complaint that C.D. (hereinafter called the de- fendant) [state the facts entitling the complainant to the order with the time and place when and where they occurred], and the parties aforesaid having appeared [or the said A.B. having appeared but the

1249

1250

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

defendant, although duiy called, not having a peared by himself or his counsel, and it being now satisfactorily proved to me upon oath [or declaration] that the defendant has been duly served with the sun. mons in this behalf, which required him to be and appear here on this day before such magistrate as might now be here; to answer to the said complaint and to be further dealt with according to law; and now, having heard the matter of the said complaint, it is adjudged and ordered that the defendant do pay to the said A.B. the sum of

forthwith, [or on or before the

day of 19 or as the Ordinance or statute may require], and also do pay to the said A.B. the sum of

for his costs

day of

19 ], it is

in this behalf; and if the said several sums are not paid forthwith [or on or before the adjudged that the defendant be imprisoned in a prison in the said Colony [and there kept to hard labour] for the space of unless the said several sums shall be sooner raid.

[L.S.]

(Signed.)

FORM NO. 23.

Magistrate.

[s. 22.1

Order for payment of money to be levied by distress, and, in

default of distress, imprisonment

HONG KONG.

IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the said police court.

The

day of

A.B having made a complaint that C.D. (hereinafter called the defendant) [state the facts entitling the complainant to the order, with the time and place when and where they occurred]; and the parties aforesaid having appeared [or the said A.B. having appeared, but the defendant, although duly called, not having appeared by himself or his counsel, and it bemg now satisfactorily proved to me upon oath [or declaration] that the defendant has been duly served with the summons in this behalf, which required him to be and appear here on th's day before such magistrate as might now be here, to answer to the said complaint, and to be further dealt with according to law]: and now, having heard the matter of the said complaint, it is adjudged and ordered that the defendant do pay to the said A.B. the sum of forthwith, [or on or before the or as the Ordinance or statute said A.B. the sum of

day of

19 may require], and also do pay to the for his costs in this behalf; and if the forthwith, for on or before the

said several sums are not paid day of

19 ,1* it is ordered that the same be levied by distress and sale of the defendant's goods and chattels, and, in default of sufficient distress in that behalf* it is adjudged that the defendant be imprisoned in a prison in the said Colony [and there kept to hard labour] for the space of

unless the said

several sums, and all costs and charges of the said distress, shall be sooner paid.

[L.S.]

(Signed.)

Magistrate.

* *

*Or, where the issuing of a distress warrant would be ruindus to the defendant or his family, or it appears that he has no goods whereon to levy a distress, then instead of the words between the asterisks, say, "then, inasmuch as it has now been made to appear to me that the issuing of a warrant of distress would be ruinous to the defendant and his family [or that the defendant has no goods or chattels where- on to levy the said sums by distress]".

FORM No. 24.

[ss. 22 and 54.]

Order for any matter (other than the payment of a civil debt) where disobedience to the order is nunishable by imprisonment.

HONG KONG.

IN THE POLice Court AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the said police court.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

1251

The

day of

A.B., having made a complaint that C.D. (hereinafter called the defendant) [state the facts entitling the complaint to the order, with the time and place when and where they occurred]; and the parties aforesaid having appeared [or the said A.B. having appeared but the defendant, although duly called, not having appeared by himself or his counsel and it being now satisfactorily proved to me upon oath [or declaration] that the defendant has been duly served with the sum- mons in this behalf which required him to be and appear here on this day before such magistrate as might now be here, to answer to the said complaint, and to be further dealt with according to law] and now, having heard the matter of the said complaint, it is adjudged and ordered that the defendant do [state the matter required to be done]; and if, on a copy of a minute of this order being served on the defend- ant, either personally or by leaving it for him at his last or most usual place of abode, he refuses or neglects to obey this order, then it is ad- judged that the defendant for such his disobedience be imprisoned in a prison in the said Colony [and there kept to hard labour] for the space of

unless the said order shall be sooner obeyed [if the Ordinance or statute authorises this]: and it is also adjudged and ordered that the defendant do pay to the complainant the sum of

for his costs in this behalf forthwith [or on the

　　　　　　　　　　　　　　　　　　　　　　　　　　day of

　　　19 or by instalments, etc.]; and if default is made in payment according to this adjudication and order, it is ordered that the sum due thereunder be levied by distress and sale of the defendant's goods; and, in default of sufficient distress, it is adjudged that the defendant be imprisoned in a prison [and there kept to hard labour] for the space of

　　　　　　　　　　　　　　　to commence at and from the termination of his imprisonment aforesaid, unless the said sum, and all costs and charges of the said distress, shall be sooner paid.

[L.S.]

(Signed.)

FORM No. 25.

Magistrate.

[ss. 13 and 22.]

Order of dismissal of an information or complaint.

HONG KONG.

IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the said police court.

The

day of

Information was laid [or complaint was made] before the undersign- ed for that, etc. [as in the summons to the defendant] and both the said parties having appeared before me in order that I should hear and determine the said information [or complaint] [or the defendant having appeared before me, but the said A.B., although duly called, not having appeared]; and the matter of the said information [or complaint] being by me duly considered, it manifestly appears to me that the said in- formation [or complaint] is not proved, and it is therefore dismissed; and it is adjudged that the said A.B. do pay to the defendent the sum of

　　　　　for his costs incurred by him in his defence in this behalf; and if the said sum for costs is not paid forthwith. for on or before the

day of

it is ordered that the same be levied by distress and sale of the goods and chattels of the said A.B., and in default of sufficient distress in that behalf it is adjudged that the said A.B. be imprisoned in a prison in the said Colony [and there kept to hard labour] for the space of unless the said sum for costs, and all costs and charges of the said distress, shall be sooner paid.

[L.S.]

(Signed.)

FORM No. 26.

Magistrate.

[ss. 22 and 30.]

Order dismissing information or complaint and directing

HONG KONG,

person charged to pay damages.

IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the said police court.

1252

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

The

day of

C.D. (hereinafter called the defendant) has been charged on the information or complaint] of A.B. for that he, on the

day of [state offence]; and being

›

of opinion that though the said charge is proved, the offence was of so trifling a nature that it is inexpedient to inflict any punishment, I do therefore hereby dismiss the said information for complaint].

[If payment of damages or costs is ordered proceed as follows]:- and it is ordered that the defendant do pay to the said A.B.

for damages and

for costs; and it is ordered that the said sums be paid forthwith [or on or before the

day of

19 , or by instalments of

for every days, the first instalment to be paid forthwith, [or on or before the

day of

　　　　　　　　　　　　　19 ,] and if default is made [proceed as in form of conviction for fine to be levied by distress].

[L.S.]

(Signed.)

Magistrate.

[ss. 22 and 55.]

FORM No. 27.

Order to enter into recognizance to keep the peace

HONG KONG.

or to be of good behaviour.

IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the said police court.

The

day of

A.B having made complaint that C.D. (hereinafter called the defendant) [state the facts entitling the complainant to the order, with the time and place when and where they occurred]; and the defendant having appeared, and on hearing the matter of the complaint, it is this day adjudged and ordered that the defendant do forthwith duly enter

with

suret into a recognizance in the sum of

　　　　　　　　　　　　[each] to keep the peace and be of good behaviour towards His Majesty and all his liege people, and especially towards the complainant, for the term of

in the sum of

now next ensuing: and, if the defendant fails to comply with this order it is adjudged that he be imprisoned in a prison in the said Colony. unless he shall sooner for the space of

comply with this order.

[If costs are ordered proceed as follows]

and it is also adjudged and ordered that the defendant do pay to the said A.B. the sum of

for costs forthwith for on or before

day of

}

the

　　　　　　　　　　　　　　　　or by instalments, etc.]; and if default is made in payment according to this adjudication and order, it is ordered [proceed as in form of conviction for fine to be levied by distress.]

[L.S.]

(Signed.)

FORM NO. 28.

Magistrate.

[ss. 22, 55 and 59.]

Recognizance conditioned to keep the peace or to be of good behaviour or not to do or commit some act or thing.

We, the undersigned C.D., of G.H., of

, E.F.. of

and

severally acknowledge ourselves to owe to Our Sovereign Lord the King the several sums following, namely, the said C.D. as principal the sum of as sureties the sum of

and the said E.F. and G.J. each, to be levied on our several goods, lands, and tenements if the said C.D. fails in the condition hereon indorsed.

(Signed.) (where not taken orally).

C.D., Defendant.

E.F.. G.H., (

Sureties

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932. 1253

Taken (orally) before me the

day of

[L.S.]

(Signed.)

Magistrate.

[or Superintendent of Prisons, or as case may be].

CONDITION INDORSED.

The condition of the within-written recognizance is such that if the within-bounden C.D. keeps the peace and is of good behaviour towards His Majesty and all his liege people, and especially towards

for the term of

now next ensuing [or abstains from doing the thing forbidden, or as the case may be], then the said recognizance shall be void, but otherwise shall remain in full force.

NOTE. Where the recognizance is taken orally, omit the words "the undersigned," and insert the word "orally" after "taken".

FORM No. 29.

[ss. 22 and 59.]

Summons to person bound by recognizance which is alleged to have been forfeited by conviction of principal.

IN THE POLICE Court at

HONG KONG.

To C.D. of

You are hereby summoned to appear before me, the undersigned, a magistrate of the said Colony, sitting at

on the

day of

o'clock in the

noon or

before such magistrate as may then be there, to show cause why the recognizance entered into on the

day of

19 > whereby you are bound to pay the sum of

　　　　　　　　　　　　　　　　　　　　　　　　　　　should not be adjudged to be forfeited, and why you should not be adjudged to pay that sum.

Dated this

[L.S.]

day of

(Signed.)

Magistrate.

FORM No. 30.

[ss. 22 and 59.]

Adjudication of forfeiture of recognizance where person bound as principal has been convicted of an offence which is

HONG KONG.

a breach of the condition.

IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the said police court.

The

day of

C.D. (hereinafter called the defendant) was by his recognizance entered into the

the sum of

that

}

day of

19 , bound in the condition of the recognizance being should [state condition of recognizance]; has been convicted and proof having been given that the said of the offence of having [state offence], being an offence which is in law a breach of the condition of the said recognizance; Therefore it is adjudged that the said recognizance is forfeited, and that the defendant do pay to the magistrates' clerk [or other person specified] the said sum of

and do also pay to

the sum of for costs; and it is ordered that the said sums be paid forthwith [or on or before the

day of

19 or by instalments days, the first instalment to be paid

day of

19 ];

for every forthwith or on or before the and if default is made in payment according to this adjudication and order, it is ordered [proceed as in conviction for fine to be levied by distress.]

[L.S.]

(Signed.)

Magistrate.

1254

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

FORM NO. 31.

[ss. 22 and 59.]

Order cancelling or mitigating forfeiture of recognizance, (To be indorsed on recognizance).

HONG KONG.

IN THE FOLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the said police court.

A warrant of distress was, on the issued for levying the sum of

day of

declared to be forfeited under the within-written recognizance, but no goods have been sold thereunder; and the said

has applied to me, the undersigned, to cancel [or mitigate] the forfeiture of the said recognizance, and has given security to my satisfaction for the future performance of the ccndition of the said recognizance, and has paid [or given security for payment of the costs incurred in respect of the forfeiture thereof [or insert such other condition as the magistrate may think just]: There- fore the said forfeiture is hereby cancelled [or mitigated to the sum of

Dated this

[L.S.]

day of

(Signed.)

Magistrate.

FORM NO. 32.

[ss. 22 and 56.]

Summons to attend an application for varying or

dispensing with sureties.

HONG KONG.

IN THE POLICE Court AT

To A.B., of

You are hereby summoned to appear before a magistrate of the said Colony sitting at

day the

o'clock in the

day of

noon, to show cause why the amount for which it is proposed that the suret

of should be bound should not be reduced [or why the to find a surety [or sureties] should not be

obligation of dispensed with].

Dated this

[L.S.]

HUNG KONG,

day of

(Signed.)

Magistrate.

FORM No. 33.

Order varying order for sureties.

IN THE POLICE COURT AT

[s. 56.]

Before J.P., Esquire, a magistrate of the said Colony, sitting at the said police court.

The

day of

C.D. has been, under a warrant of commitment dated the

day

}

19 and issued by this court committed to prison for default in finding sureties [or a surety] in the sum of and, on new evidence having been produced to me [or on proof of a change of circumstances having been given to me], it seems to me just to vary, in manner hereinafter appearing, the order under which the said warrant was issued: Therefore it is ordered that the amount for which it is proposed that the surety [or sureties] of the said C.D. should be bound he reduced to

[or that the obligation of the

said C.D. to find a surety [or sureties] be dispensed with] [or as may be directed].

[L.S.]

(Signed.)

Magistrate.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

FORM No. 34.

[s. 58.]

Oral or written acknowledgment of undertaking to pay a

HONG KONG.

sum adjudged by a conviction.

IN THE POLICE COURT AT

C.D. (hereinafter called the defendant) was this day [or was on the

day of

19 ,] convicted before the said court for day of

suret

•

that he, on the

[state offence]; and it was adjudged by the said conviction that the defendant should pay [as in the conviction]; and it was thereby ordered that the defendant should be at liberty to give, to the satisfaction of a magis- trate of the said Colony [or as in the conviction], security in the sum of

with

in the sum of

　　　　　　　　　　　　　　　　　　　　　[each] for the payment of the said sum at the time and in the manner by the said conviction directed: Now therefore I, the said defendant, as principal, and we, E.F., of

as sureties [or I, E.F.,

as surety] hereby undertake that the de- fendant will pay the sum adjudged by the said conviction at the time and in the manner thereby directed; and I, the said defendant, and we [or I,] the said sureties [or surety], hereby severally acknowledge our- selves bound to forfeit and pay to the magistrates' clerk [or other person specified] the sum of

　　　　　　　　　　　　　　in case the defendant fails to perform this undertaking.

and G.H., of

1255

(Signed.)

(where not taken orally)

C.D., Defendant.

E.F..

Sureties.

G.H..

day of

(Signed.)

Taken (orally) before me the

[L.S.]

FORM No. 35.

Magistrate.

[s. 59.]

Oral or written acknowledgment of undertaking to perform condition of forfeited recognizance.

HONG KONG.

IN THE POLICE COURT AT

C.D. was by his recognizance entered into the

　　　　　　bound in the sum of of the recognizance being that

day of

the condition should [state condition of recognizance]; and, default having been made in the performance of

this condition, the recognizance was on the

day of

19 declared to be forfeited, and the said C.D. not having paid the said sum, a warrant of distress was on the

day of

}

and G.H., of

day of

19 issued for recovery thereof, but no goods have been. sold under the warrant; and the said C.D. has applied to the under- signed magistrate of the said Colony to cancel or mitigate the for- feiture: Now therefore I, the said C.D., as principal, and we E.F., of

[or I, E.F., of

,] as sureties [or surety], hereby undertake that the condition of the said recognizance shall be duly performed, [and that the said shall, on or before the

19 , pay the sum of for costs incurred in respect of the said forfeiture]; and I, the said principal, and we [or I] the said sureties [or surety], hereby severally acknowledge ourselves bound to forfeit and pay to the magis- trates' clerk [or other person specified] the sum of

in case

}

the said principal fails to perform the condition of the said recognizance.

(Signed.)

(where not taken orally)

Taken (orally) before me the

[L.S.]

C.D., Defendant.

E.F., G.H..

}Sureties.

day of

(Signed.)

Magistrate.

1256

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

FORM No. 36.

[s.23.]

Declaration of service of summons or other document.

of day, the of

hereby solemnly declare that I did, on day of

}

serve

with the [warrant, summons, notice, process

or other document] now shown to me, marked A, by delivering a true

being his last [or most usual]

copy thereof at

place or abode,

Taken this

[L.S.]

day of

before me.

(Signed.) Magistrate. [or Justice of the Peace.]

FORM No. 37.

[s. 23.]

Declaration as to handwriting and seal.

, hereby solemnly declare that the signature

to the document now produced and shown to me, and marked

A is in the proper handwri'ing of

[and that the seal on the said document is the proper seal of

Taken this

[L.S.]

day of

(Signed.)

before me.

Magistrate. [or Justice of the Peace.]

FORM No. 38.

[s. 85.]

Order for restitution of property.

HONG KONG.

IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the said police court.

The

day of

•

C.D. was charged before me, a magistrate of the said Colony, for that he, on the

day of

[state offence and describe goods as in conviction], and having dealt with the case summarily, the said C.D. has been this day convicted before me of the offence with which he was so charged; and it is proved to me that the said goods are now in the possession of

Therefore it is hereby ordered that the said do forthwith restore the said goods to the said

the owner thereof.

[L.S.]

(Signed.)

Magistrate.

HONG KONG.

FORM No. 39.

Certificate of dismissal.

IN THE POLICE COURT AT

[s. 13.]

I hereby certify that an information [or complaint] preferred by A.B. against C.D., for that [etc., as in the summons to defendant], was this day considered by me, a magistrate of the said Colony, and was by me dismissed [with costs].

Dated this

[L.S.]

day of

(Signed.)

Magistrate.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932. 1257

FORM No. 40.

[s. 45.)

Warrant of distress on conviction for fine, with or without costs or damages, or for costs or damages without fine.

HONG KONG,

IN THE POLICE COURT AT

To [insert name, etc., of officer where the person executing is not a constable] and to cach and all of the constables of the said Colony.

C.D. (hereinafter called the defendant) was on the

day of

day of 19 convicted before the said court for that he, on the , [state offence]; and it was adjudged that the defendant should for his said offence forfeit and pay* [amount of fine], and should also pay to the said

the sum of

for compensation and

for costs and it was ordered that the said sums should be paid [etc., as in the conviction; and that if default should be made in payinent according to the said adjudication and order, the sum due thereunder should be levied by distress and sale of the defendant's goods; and default has been made in payment according to the said adjudication and order: Therefore you are hereby commanded forthwith to make distress of the goods of the defendant (except the wearing apparel and bedding of him and his family, and, to the value of twenty-five dollars, the tools and implements of his trade); and if, within the space oft days next after the making of such distress, the sum of being the sum stated at the foot of this warrant to be due under the said adjudication and order, together with the reasonable costs and charges of the making and keeping of the said distress be not paid, then to sell the said goods by you distrained, and pay the money arising therefrom to the magistrates' clerk, in order that it may be applied according to law, and that the overplus, if any, may be ren- dered on demand to the defendant: and if no such distress can be found, to certify the same to the said court, in order that further pro- ceedings may be had according to law

Dated this

[L.S.]

Amount adjudged,.

Paid,

day of

(Signed.)

Magistrate.

Remaining due,....

Costs of issuing warrant,.

Total amount to be levied,

*Omit direction as to payment of fine, or compensation, or costs, as the case may require.

N.B.-The goods are not to be sold until after the end of five clear days next following the day on which they are seized, unless the defendant consents or unless the goods are perishable.

FORM No. 41.

[s. 45.]

Warrant of distress on an order for the payment of any sum of money.

HONG KONG.

IN THE POLICE COURT AT

To [insert name, etc., of officer where the person executing is not a constable] and to cach and all of the constables of the said Colony.

day of

On the

it was adjudged and ordered by the undersigned, [or J.P., Esquire,] a magistrate of the said Colony, that C.D. (hereinafter called the defendant) should pay

and the sum of the surn of

costs [or as the case may be], on or before the

for

day of 19 [or as ordered]; and that, if default should be made in payment according to the said adjudication and order, the sum due thereunder should be levied by distress and sale of the defendant's goods; and default has been made in payment according to the said adjudication and order: Therefore you are hereby commanded [proceed as in warrant of distress on conviction for fine.]

1258

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

FORM No. 42.

[8. 50.]

Warrant of distress for costs on a conviction where the offence is punishable by imprisonment.

HONG KONG.

IN THE POLICE COURT AT

To [insert name, etc., of officer where the person executing is not a constable and to each and all of the constables of the said Colony,

day of

C.D., of

[labourer,] (hereinafter called the defendant) was, on the

　　　　　　　　　　　　　　　convicted before the said court for that [state the offence as in the conviction], and it was adjudged that the defendant for his said offence should be im- prisoned in a prison in the said Colony [and there kept to hard labour] for the space of

; and it was also adjudged that the defendant should pay to the said A.B. the sum of

　　　　　　　　　　　　　　　　　　for his costs in that behalf; and it was ordered that if the said sum of for costs should not be paid [forthwith], the same should be levied by distress and sale of the defendant's goods and chattels; and it was adjudged that, in default of sufficient distress in that behalf, the defendant should be imprisoned in a prison [and there kept to hard labour] for the space of

　　　　　　　　　　; to commence at and from the termination of his imprisonment aforesaid, unless the said sum for costs, and all costs and charges of the said distress, should be sooner paid; but the defendant having made default in the payment of the said sum of

for costs: These are, therefore, to command you, in His Majesty's name, that you forthwith make dis- tress of the defendant's goods and chattels, and if, within the space of days next after the making of such distress the said last- mentioned sumi, together with the reasonable charges of taking and keeping the said distress, shall not be paid, that then you sell the said goods and chattels so by you distrained, and pay the money arising from such sale to the magistrates' clerk that he may pay the same as by law directed, and may render the overplus, if any, on demand, to the defendant, and, if no such distress can be found, that then you certify the same to the said court, in order that further proceedings may be had according to law,

Dated this

[L.S.]

day of

(Signed.)

Magistrate.

FORM NO 43.

[8. 50.]

Warrant of distress for costs on an order where the disobeying of the order is punishable with imprisonment.

HONG KONG.

IN THE POLIce Court at

To [insert name, etc., of officer where the person executing is not a constable] and to each and all of the constables of the said Colony.

day of

On the

19 complaint was made before the undersigned [or J.P., Esquire,] a magistrate of the said Colony, for that [etc.. as in the order] and on the

day of 19 , at

　　　　　　　　the said parties having appeared before me, for the said J. P., Esquire, or as it may be in the erder] upon consideration of the matter of the said complaint, it was adjudged that the defendant should [etc., as in the order]; and that if, upon a copy of the minute of that order being served on the defendant either personally or by leaving the same for him at his last or most usual place of abode he should refuse or neglect to obey the same, the defendant for such his disobedience should be imprisoned in a prison in the said Colony (and there kept to hard labour] for the space of

unless the said order should be sooner obeyed; and also that the defendant should pay to the said A.B. the sum of for his costs in that behalf and it was ordered that if the said sum for costs should not be paid forthwith]; the same should be levied by distress and sale of the defendant's goods and chattels; and it was adjudged that in default of sufficient distress in that. behalf the de-. feudunt should be imprisoned in a prison [and there kept to hard, labour for the space of

, to commence at and from the termination of his imprisonment aforesaid unless the said sum for costs, and all costs and charges of the said distress, should be sooner

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

paid; and whereas after the making of the said order a copy of the minute thereof was duly served on the defendant, but he did not then pay, nor has he paid, the said sum of

for costs but therein has made defauit: These are, therefore, to command you, in His Majesty's name, that you forthwith make distress of the defendant's goods and chattels, and if, within the space of

days next after the making of such distress, the said last-mentioned sum together with the reasonable charges of taking and keeping the said distress shall not be paid, that then you sell the said goods and chattels so by you distrained, and pay the money arising from such sale to the magistrates' clerk, that he may pay the same as by law directed, and may render the overplus, if any, on demand, to the defendant, and, if no such distress can be found, then that you certify the same to the said court, in order that further proceedings may be had according to law.

Dated this

[L.S.]

day of

(Signed.)

Magistrate

1259

FORM No. 44.

Warrant of distress for costs on an order for dismissal

HONG KONG.

of an information or complaint.

IN THE POLice Court AT

[s. 64.]

To [insert name, etc., of officer where the person executing is not a constable] and to each and all of the constables of the said Colony.

On the

day of

information was laid [or complaint was made] before the undersigned [or J.P., Esquire,] a magistrate of the said Colony, for that [etc., as in the order of dismissal; and afterwards, on the

day of

19 both parties having appeared before me [or the said J.P., Esquire, and the case having been duly heard and considered, and the said information [or complaint] not having been proved, it was therefore dismissed; and it was adjudged that the said A.B. should pay to the defendant the sum of

for his costs incurred by

him in his defence in that behalf; and it was ordered that if the said sum for costs should not be paid [forthwith], the same should be levied by distress and sale of the goods and chattels of the said A.B., and it was adjudged that, in default of sufficient distress in that behalf, the said A.B. should be imprisoned in a prison in the said Colony [and there kept to hard labour] for the space of

unless the sai! sum for costs, and all costs and charges of the said distress, should be sconer paid; and the said A.B. having now made. default in the payment of the said sum for costs: These are. there- fore, to command you, in His Majesty's name, that you forthwith make distress of the goods and chattels of the said A.B., and if, within the space of

　　　　　　days next after the making of such distress the said last-mentioned sum, together with the reasonable charges of taking and keeping the said distress, shall not be paid, that then you sell the said goods and chattels so by you distrained,

and pay

the money arising from such sale to the magistrates' clerk, that he may pay the same as by law directed, and may render the overplus, if any, on demand to the said A.B., and if no such distress can be found, then that you certify the same to the said court, in order that further proceedings may be had according to law.

Dated this

[L.S.]

day of

(Signed.)

•

Magistrate.

FORM No. 45.

[s. 30.]

Warrant of distress where the charge is dismissed, but the person charged is ordered to pay damages, or costs, or both.

HONG KONG.

The

IN THE POLICE Court at

day of

C.D. (hereinafter called the defendant) was charged for that he, on the

day of

at [state offence]; and on the hearing of the said charge, on the

1260

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

day of

　　　　　　　19 before the undersigned [or J.P., Esquire,] a magistrate of the said Colony, the magistrate being of opinion that, though the charge was proved, the offence was in the particular case of so trifling a nature that it was inexpedient to inflict any punishment, dismissed the information but ordered that the de- fendant should pay to

*for damages and*

†for costs; and it was ordered that the said sums should be paid [as in order]; [Proceed as in warrant of distress on conviction for fine.]

*Where no order to pay damages, omit words between asterisks.

Where no order to pay costs, omit words between daggers.

In either case substitute "sum" for "sums."

FORM No. 46.

Warrant of distress for sum due under recognizance

HONG KONG.

declared to be forfeited.

IN THE POLICE COURT AT

[s. 59.]

To [insert name, etc., of officer where the person executing is not a constable] and to each and all of the constables of the said Colony.

C.D. was, by his recognizance cntered into on the

day

the

should [state

bound in the sum of condition of the recognizance being that condition of recognizance], and, default having been made in com- pliance with the said condition, the said recognizance was, on the 19 declared by the undersigned

day of

↑

except

[or J.P., Esquire, | a magistrate of the said Colony to be forfeited; and the said

has made default in payment of the sum due under the said recognizance: Therefore you are hereby commanded forth- with to make distress of the goods of the said the wearing apparel and bedding of him and his family, and, to the value of twenty-five dollars, the tools and implements of his trade, and if, within the space of *

　　　　　　　　　　　days next after the making of such distress, the sum of

　　　　　　　　　　being the sum stated at the foot of this warrant to be due under the said recognizance, together with the reasonable costs and charges of the making and keeping of the said distress, be not paid, then to sell the said goods by you distrained and pay the money arising therefrom to the magistrates' clerk, in order that it may be applied according to law, and that the overplus, if any, may be rendered on demand to the said

and if no such distress is found, to certify the same to the said court, in order that further proceedings may be had according to law.

Dated this

[L.S.]

day of

(Signed.)

Amount due under recognizance, Paid,

Remaining due,

Costs of issuing warrant,

Magistrate.

Total amount to be levied,

*N.B.-The goods are not to be sold until after the end of five clear days next following the day on which they are seized, unless the owner consents or unless the goods are perishable.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932. 1261

FORM No. 47.

[s. 59.]

Warrant of distress for sum due under recognizance adjudged to be forfeited by conviction of principal.

HONG KONG.

IN THE POLIce Court at

To [insert name, etc., of officer where the person executing is not a constable and to each and all of the constables of the said Colony.

day of

C.D. (hereinafter called the defendant) was, by his recognizance entered into on the bound in the sum of being that said

}

the condition of the recognizance should [state condition of recognizance]; and the having been convicted of the offence of having state offence], being an offence which is in law a breach of the said condition, it was, on the

day of

19 adjudged by the undersigned [or J.P., Esquire,] a magistrate of the said Colony, that the said recognizance should be forfeited, and that the defendant should pay to the magistrates' clerk the said sum of

and should also pay the sum of

　　　　　　　　　　　　　　　for costs; and it was ordered that the said sum should be paid [as in order], and that, if default should be made in payment according to the said adjudication and order, the sun due thereunder should be levied by distress and sale of the defendant's goods; and default has been made in payment accord- ing to the said adjudication and order: Therefore you are hereby coinmanded [proceed as in warrant of distress for fine].

FORM No. 48.

[s. 58.]

Warrant of distress for sum duc by a principal in pursuance of a forfeited security for payment of a sum adjudged by a conviction. HoNG RoNG.

IN THE POLICE Court AT

To [insert name, etc., of officer where the person executing is not a constable] and to each and all of the constables of the said Colony.

C.D. (hereinafter called the defendant) was, on the

suret

day

19 ́, convieted before the said ceurt for that he, on the

day of

at [state offence]; and it was adjudged by the said conviction that the defendant should pay fas in the conviction]; and it was ordered that the defendant should be at liberty to give, to the satisfaction of a magistrate of the said Colony for us in the conviction], security with for the payment of the said sum at the time and in the manner by the said conviction directed; and the defendant and

and

　　　　　　his sureties [or surety] undertook that the defendant would pay the said sum at the time and in the manner so directed, and severally] acknowledged themselves [or himself] bound to forfeit and pay to

　　　　　　　　　　　　　　　　　　　　in case the defendant; failed to make payment as so directed; and it appears to me that the sum of

due by the defendant in pursuance of the said under- taking has not been paid and has been forfeited: and notice of the said forfeiture has been duly served on the defendant: Therefore you are hereby commanded [proceed as in warrant of distress on conviction for fine, substituting for the words "being the sum stated at the foot of this warrant to be due under the said adjudication and order" the words "being the sum stated at the foot of this warrant to be due in pursuance of the said undertaking, and stating the amount at the foot as "amount due in pursuance of the said undertaking"].

the sum of

HoNG RoNG

FORM NO 49.

Return to a warrant of distress.

IN THE POLICE COURT at

[s. 47.]

I, IV.T., do hereby certify to the said court that by virtue of this. warrant I have made diligent search for the goods and chattels of the within-mentioned defendant, and that I can find no sufficient goods or chattels of the defendant whereon to levy the sums within-mentioned.

Dated this

day of

(Signed.)

1262

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

FORM NO. 50.

Account of costs and charges incurred in respect of the execution of a warrant of distress.

HONG KONG,

IN THE POLICE COURT AT

In the matter of an information [or a complaint] by

[s. 53 ]

the constable charged with the execution of

dated the

the warrant of distress upon the goods of day of

19 hereby declare that the following is a true account of the costs and charges incurred in respect of the execu- tion of the said warrant.

Dated this

day of

(Signed.)

$ C.

Total,.............

HONG KONG,

FORM No. 51.

Warrant of commitment in the first instance.

IN THE Police Court at

[s. 49.]

To cach and all of the constables of the said Colony and to the Super- intendent of Prisons in the said Colony.

C.D., late of

[labourer] (hereinafter called the defendant) was on this day duly convicted before the said court for that [state the offence as in the conviction; and it was thereby adjudged that the defendant for his said offence should forfeit and pay the sum of [etc., as in the conviction,] and should pay to the said A.B. the sum of

for costs; and it was thereby adjudged that, if the said several sums should not be paid [forthirith, the defendant should be imprisoned in a prison [and there kept to hard labour for the space of

　　　　　　　　　　　　　　　　　　unless the said several sums should be sooner paid; and whereas the time in and by the said con- viction appointed for the payment of the said several sums has elapsed, but the defendant has not paid the same or any part thereof, but therein has made default: These are, therefore, to command you, the said constables, to take the defendant and convey him to a prison and there to deliver him to the said Superintendent, together with this warrant; and you, the said Superintendent, to receive the defendant into your custody in a prison and there to imprison him (and keep him to hard labour] for the space of

　　　　　　　　　　　　　　　　　　　　　　unless the said several sums shall be sooner paid; and for your so doing this shall be your sufficient warrant.

•

Dated this

[L.S.]

day of

(Signed.)

Magistrate.

FORM NO. 52.

[s. 49.]

Warrant of commitment on an order in the first instance.

HoNG RoNG.

IN THE POLICE Court AT

To cach and all of the constables of the said Colony and to the Super- intendent of Prisons in the said Colony.

day of

complaint was

On the made before the undersigned, [or J.P., Esquire,] a magistrate of the said Colony, for that [etc., as in the order], and afterwards, to wit, on the

day of

19 , the parties appeared- before me, or J.P., Esquire.] the said magistrate, and thereupon, having considered the matter of the said complaint, it was adjudged that the defendant should pay to the said A.B. the sum of on or before the

day of

and also

•

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

on or before the

for costs; and it was

should pay to the said A.B. the sum of also thereby adjudged that, if the said several sums should not be paid

day of

the defendant should be imprisoned in a prison [and there kept to hard labour] for the space of

unless the said several sums should be sooner paid; and whereas the time in and by the said order appointed for the payment of the said several sums of money has elapsed, but the defendant has not paid the same but therein has made default: These are, therefore, to command you, the said constables, to take the de- fendant and convey him to a prison, and there to deliver him to the said Superintendent, together with this warrant; and you, the said Superintendent, to receive the defendant into your custody in a prison and there to imprison him [and keep him to hard labour] for the space of

　　　unless the said several sums shall be sooner paid; and for your so doing this shall be your sufficient warrant

1263

Dated this

[L.S.]

day of

(Signed.)

Magistrate.

[ss. 47 and 48.]

HONG KONG.

FORM NO. 53.

Warrant of commitment for want of distress.

IN THE POLICE Court aT

To cach and all of the constables of the said Colony and to the Super- intendent of Prisons in the said Colony.

[Proceed as in warrant of distress down to commanding part, and close thus]:---

and on the

day of

a 2

warrant of distress was handed for execution to constable of the said Colony, commanding him to levy the sum of [state sum directed to be levied by distress and sale of the defend- art's goods; and it now appears, as well by the return of the said con- stable to the sa'd warrant of distress as otherwise, that he has made diligent search for the defendant's goods but that no sufficient distress whereon to levy the said sum could be found: These are, therefore, to command you, the said constables, to take the defendant and convey him to a prison, and there to deliver him to the said Superintendent, together with this warrant; and vou, the said Superintendent, to receive the defendant into your custody in a prison and there to imprison him fand keep him to hard labour] for the space of unless the said sum, and all the costs and charges of the said distress, shall be sooner paid; and for your so doing this shall be your sufficient warrant.

Dated this

[L.S.]

day of

(Signed.)

Magistrate.

[s. 46.]

FORM NO. 54.

Warrant of commitment pending return to warrant of distress.

HoNG RoNG.

IN THE POLice Court AT

To each and all of the constables of the said Colony and to the Super- intendent of Prisons in the said Colony.

C.D. (hereinafter called the defendant) was, on the

day

19 , for this day] convicted before the said court for that he [state the offence as in the conviction]; and default has been made in payinent according to the said adjudication and order; and a warrant of distress has been issued against the defendant in pursuance of the said conviction, but no return has been made thereto; and the defendant has not given sufficient security, to the satisfaction of this court, for his appearance at the time and place appointed for the return of the said warrant : These are, therefore, to command you, the said constables, to take the defendant and convey him to a prison, and there to deliver him to the said Superintendent together with this warrant; and you the said Superintendent, to receive the defendant into your custody in a prison and there to keep and detain him until the

day of

1264

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

being the day appointed for the return of the said warrant, unless he previously enters into a recognizance in the sum of $

suret

with

in the sum of $ [each conditioned for his appearance on that day: and on that day, if such recognizance has not been entered into, to convey and have him before a magistrate of the said Colony at the said police court, at

　　　　　　　　　　　　　　　　　　　　　　　　o'clock the

in noon, to be further dealt with according to law; and for your so doing this shall be your sufficient warrant.

Dated this

[L.S.]

day of

(Signed.)

Magistrate.

FORM No. 55.

Warrant of commitment on a conviction where the

HONG KONG.

punishment is by imprisonment.

IN THE POLICE Court at

[s. 50.j

To cach and all of the constables of the said Colony and to the Super- intendent of Prisons in the said Colony.

C.D. (hereinafter called the defendant) has been this day convicted before the said court for that he [state the offence as in the conviction]; and it has been adjudged that the defendant be for his said offence imprisoned in a prison [and there kept to hard labour] for the space These are, therefore, to command you, the said constables, to take the defendant and convey him to a prison, and there to deliver him to the said Superintendent, together with this warrant; and you, the said Superintendent, to receive the defendant into your custody in a prison and there to imprison him [and keep kim to hard labour] for the space of

; and for your so

doing this shall be your sufficient warrant.

Dated this

[L.S.]

day of

(Signed.)

FORM NO. 56.

Magistrate.

[s. 50.]

Warrant of commitment on an order where disobedience to the

order is punishable by imprisonment.

HONG KONG,

IN THE POLice Court at

To cach and all of the constables of the said Colony and to the Super- intendent of Prisons in the said Colony.

the

On the

day of

}

complaint was

made before the undersigned, [or J.P., Esquire,] a magistrate of the said Colony, for that [etc., as in the order]; and afterwards, to wit, on

day of the said parties appeared before me [or as in the order]; and thereupon, having considered the matter of the said complaint, it was ordered that the defendant should [as in the order]; and it was adjudged that if, upon a copy of the minute of that order being duly served on the defendant, either personally or by leaving the same for him at his last or most usual place of abode, he should refuse or neglect to obey the same, in such case the defendant for such bis discbedience should be imprisoned in a prison [and there kept to hard labour] for the space of

unless the said order should be sooner obeyed: and it now having been proved to me that, after the making of the said erder, a copy of the minute thereof was duly served on the defendant, but he then refused for neglected] to obey the same, and has not as vet obeyed the same: These are, therefore, to command you, the said constables, to take the defendant and convey him to a prison, and there to deliver him to the said Superintendent, together with this warrant; and you, the said Superintendent, to receive the defendant into your custody in a prison and there to inprisen him fand keep him to hard labour] for the space of

　　　　　　　　　　　　　　　　　　and for your so doing this shall be your sufficient warrant

Dated this

[L.S.]

}

day of

(Signed.)

Magistrate.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

FORM No. 57.

[ss. 45 and 50.]

Warrant of commitment for want of distress in either of the cases mentioned in Forms Nos. 40 and 41.

HONG KONG.

IN THE POLice Court at

To each and all of the constables of the said Colony and to the Super- intendent of Prisons in the said Colony.

a warrant

[Recite the conviction or order and then proceed thus]:-and where- as afterwards, on the

day of of distress was issued against the defendant in pursuance of the said conviction [or order] and it having been made to appear to me, as well by the return to the said warrant of distress as otherwise, that diligent search for the defendant's goods and chattels has been made, but that no sufficient distress whereon to levy the sum above mention- ed could be found: These are, therefore, to command you, the said constables, to take the defendant and convey him to a prison, and there to deliver him to the said Superintendent, together with this warrant and you, the said Superintendent, to receive the defendant into your custody in a prison and there to imprison him [and keep him to hard labour], for the space of

unless the aid sum, and all costs and charges of the said distress, amounting to the further sum of shall be sooner paid; and for your so doing this shall be your sufficient warrant.

1265

Dated this

[L.S.]

day of

(Signed.)

•

Magistrate.

FORM No. 58.

[s. 64.]

Warrant of commitment for want of distress in the case

mentioned in Form No. 44.

day of

a warrant

[Recite the order of dismissal and then proceed thus]: and whereas afterwards, on the of distress was issued against the said A.B. in pursuance of the said order; and it having been made to appear on the

day of

19 to me as well by the return to the said warrant of distress as otherwise, that diligent search for the goods " chattels of the said A.B. has been made, but that no sufficient distress whereon to levy the sum above mentioned could be found :

These are, therefore, to command you, the said constables, to take the said A.B. and convey him to a prison, and there to deliver him to the said Superintendent, together with this warrant; and you, the said Superin- tendent, to receive the said A.B. into your custody in a prison and there imprison him [and keep him to hard labour】 for the space of unless the said sum, and all costs and charges of the said distress, amounting to the further sum of

　　　　　　　　　　　　　　　　　　　　　　　　　shall be sooner paid; and for your so doing this shall be your sufficient warrant.

Dated this

[L.S.]

day of

(Signed.)

Magistrate.

FORM No. 59.

[s. 54.]

Warrant of commitment reducing term of imprisonment

on part payment.

[Adopt the ordinary form of warrant of commitment but before the commanding part insert the following]: and on application to the said court to issue a warrant to commit the defendant to prison for non- payment of the sum adjudged to be paid by the said conviction for order, or for default of difficient distress], it appears to the said court that, by payment of part of the said sum for by the net proceeds of the said distress] the amount of the sum so adjudged has been reduced to such an extent that the unsatisfied balance, if it had constituted the original amount so adjudged to be paid, would have subjected the defendant to a maximuni term of imprisonment less than the term of imprisonment to which he is liable under the said conviction [or

1266

TPE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

order] Therefore the said term of imprisonment is hereby revoked; and it is hereby ordered that the defendant be imprisoned in a prison [and there kept to hard labour] for the space of [the reduced term], unless the said sum, and all costs and charges of the said distress, if any, shall be sooner paid, and you are hereby commanded [proceed as in ordinary warrant of commitment, inserting reduced term of imprisonment].

HONG KONG.

The

FORM No. 60.

day of

IN THE POLICE Court AT

[8. 29.]

No.

Name of informant

complainant.

Name of defendant.

Name of

offence or

of matter of complaint.

Minuto of adjudication.

Magistrate adjudicating.

(1)

(2)

(3)

(4)

(5)

(6)

PART II.

FORMS FOR RECOVERY OF CIVIL DEBTS.

FORM No. 61.

Summons to defendant.

[s. 60.]

HONG KONG.

IN THE POLIce Court at

Between

Plaintiff,

(Address Description)

and

Defendant.

You are hereby summoned to appear before such magistrate of the said Colony as may be sitting at the said court on

day of

day, the

o'clock in

noon, to answer the plaintiff's claim, the particulars

the

of which are hereto annexed.

Dated this

[L.S.]

day of

(Signed.)

HONG KONG.

FORM No. 62.

Summons to witness.

IN THE POLICE Court at

Between

(Address Description)

Magistrate.

[s. 61.]

Plaintiff,

and

Defendant.

ૐ

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932. 1267

Το

You are hereby required to attend before such magistrate of the said Colony as may be sitting at the said court on

day, the day of

o'clock in the noon, to give evidence in the above cause on behalf of the

plaintiff [or defendant].

Dated this

[L.S.]

day of

(Signed.)

Magistrate.

[s. 61.]

HONG KONG,

FORM NO. 63.

Judgment for plaintiff.

IN THE POLIce Court at

Before J.P. Esquire, a magistrate of the said Celeny.

Between

(Address

Description)

(Address

Description)

The

day of

and

Plaintiff,

Defendant.

for

It is this day adjudged that the plaintiff recover against the defend- ant the sum of

for debt [or damages] and costs, amounting together to the sum of

day of

; and it is ordered that the defendant pay the same to the plaintiff forthwith [or on or before the

or by instalments days, the first instalment to be paid forth-

day of

19 ,];*

for every with or on or before the and if default is made in payment according to this adjudication and order, it is ordered that the sum due thereunder be levied by distress and sale of the defendant's goods.*

[L.S.]

(Signed.)

Magistrate.

*If security is accepted, substitute for words between asterisks: "and it is ordered that the defendant be at liberty to give, to the satisfaction of a inagistrate [or of

], security in the sum of with one surety [or two sureties] in the sum of [each] for payinent of the said sum as above directed.'

Hong KoNG.

FORM No. 64.

Judgment for defendant.

IN THE POLice Court at

Before J.P. Esquire, a magistrate of the said Colony.

Between

(Address

Description)

(Address Description)

The

day of

and

[s. 61.]

Plaintiff,

Defendant.

Upon hearing this cause this day, it is adjudged that judgment be entered for the defendant, and that the plaintiff pay the sum of for the defendant's ecsts forthwith [or on or before the

or by instalments of

day of for every days, the first instalment to be paid forthwith or on or before the

day of

19 ];* and if default is made in payment according to this adjudication and order, it is

1268 THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 9,

ordered that the sum due thereunder be levied by distress and sale of the plaintiff's goods.*

1932.

[L.S.]

(Signed.)

Magistrate.

*If security is accepted, substitute for words between asterisks: "and it is ordered that the plaintiff be at liberty to give, to the satisfaction of a magistrate [or of

], security in the sum of [each] for payment of the said sum as above directed."

FORM No. 65.

Judgment summons.

[s. 61.]

HONG KONG.

IN THE POLice Court aT

Between

Plaintiff,

(Address

Description)

(Address

Description)

The

day of

and

Defendant.

To the above-named defendant [or plaintiff].

The plaintiff [or defendant] obtained an order against you, the above-named defendant [or plaintiff], before the undersigned, [or J.P., Esquire,] a magistrate of the said Colony, on the

for the payment of

day of and

you have made default in payment of the sum payable in pursuance of the said order: Therefore you are hereby summoned to appear personally before such magistrate of the said Colony as may be sitting at the said court on

day the 19

o'clock in the

day of noon, to be examined upon oath

[or declaration] by the said court touching the means you have or have had since the date of the order to satisfy the sum payable in pursuance of the said order; and also to show cause why you should not be committed to prison for such default.

[L.S.]

Amount of order, and costs

Paid into the Magistracy Instalments not required

Deduct

to have been paid before

the date of the summons..

(Signed.)

Sum payable

Costs of this summons..

Amount upon payment of which no further proceed- ings will be had until default in payment of next instalments.

FORM No. 66.

Order of commitment.

Magistrate.

[s. 61.]

HONG KONG.

IN THE POLICE COURT AT

Between

Plaintiff,

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

1269

(Address Description)

(Address

Description)

and

Defendant.

To each and all of the constables of the said Colony and to the Super- intendent of Prisons in the said Colony.

The plaintiff [or defendant] obtained an order against the defendant [or plaintiff] before the undersigned, [or before J.P., Esquire,] a magistrate of the said Colony on the

day of

19 for the payment of

and the

defendant [or plaintiff] has made default in payment of payable in pursuance of the said order; and a summons was, at the instance of the plaintiff [or defendant], duly issued, by which the defendant [or plaintiff was required to appear personally before such magistrate of the said Colony as might be sitting at the said court on the

day of

to be examined upon oath [or declaration] touching the means he had then or had since the date of the order to satisfy the sum then due and payable in pursuance of the said order, and to show cause why he should not be committed to prison for such default; and at the hearing of the said summons the defendant [or plaintiff] appeared [or the summons was proved to have been duly served], and it has now been proved that the defendant [or plaintiff] now has [or has had since the date of the said order] the means to pay the sum then due and payable in pur- suance of the said order, and has refused [or neglected, or then refused or neglected] to pay the same, and the defendant [or plaintiff] has shown no cause why he should not be committed to prison:

Now, therefore, it is ordered that, for such default, the defendant [or plain- tiff] be committed to prison for

　　　　　　　　　　　　　　days, unless he shall sooner pay the sum stated below as that on the payment of which he is to be discharged and you are hereby required, you the said constables, to take the defendant [or plaintiff] and convey him to a prison, and there to deliver him to the said Superintendent, together with this order; and you, the said Superintendent, to receive the defendant [or plaintiff] and keep him safely in a prison for days from the arrest under this order, or until he is sooner discharged by due course of law.

Dated this

[L.S.]

day of

(Signed.)

រ

Magistrate.

Total sun payable at the time of hearing of the

judgment summons

Hearing of summons, and costs of order

Total sum on payment of which the prisoner will be

discharged

FORM No. 67.

Certificate for discharge of a prisoner from custody.'

HONG KONG.

Between

(Address Description)

(Address

Description)

IN THE POLICE COURT AT

and

[s. 61.]

Plaintiff,

Defendant.

To the Superintendent of Prisons in the said Colony.

I hereby certify that the defendant [or plaintiff], who was commit-

ted to your custody by virtue of an order of commitment dated the

day of

}

19 has paid and satisfied

1270 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

the sum of money for the non-payment whereof he was so committed, together with all costs due and payable by him in respect thereof, and may in respect of that order be forthwith discharged out of your custody.

Dated this

[L. S.]

day of

(Signed.)

Magistrate.

HONG KONG.

Between

(Address

FORM No. 68.

Distress warrant.

IN THE POLICE COURT AT

Description)

and

[s. 61.]

Plaintiff,

Defendant.

(Address Description)

To each and all of the constables of the said Colony.

On the

day of

19 it was adjudged and ordered by the undersigned, [or J.P., Esquire,] a magistrate of the said Colony, that the defendant [or plaintiff] should pay to the plaintiff [or defendant]

　　　　　　　　for debt [or damages] and for costs, amounting together to the sum of ordered that the said sum should be paid on the

}

: and it was day of

19 [or as in the judgment], and that, if default should be made in payment according to the said adjudication and order, the sum due thereunder should be levied by distress and sale of the defendant's [or plaintiff's] goods; and default has been made Therefore in payment according to the said adjudication and order: you are hereby commanded forthwith to make distress of the goods. of the said defendant [or plaintiff], except the wearing apparel and bedding of him and his family, and, to the value of twenty-five dollars, the tools and implements of his trade, and if, within the space of * days next after the making of such distress, the sum of

being the sum stated at the foot of this warrant to be due under the said adjudication and order, together with the reasonable charges of the making and keeping of the said distress, be not paid, then to sell the said goods by you distrained, and pay the money arising thereby to the magistrates' clerk, in order that it may be applied according to law, and that the overplus, if any, may be rendered on demand to the defendant for plaintiff]; and, if no such distress can be found, to certify the same to the said court, in order that further proceedings may be had according to law.

Dated this

[L.S.]

day of

(Signed.)

Magistrate.

Amount adjudged,

Paid,

...

Remaining due,

Costs of issuing this warrant,

Total amount to be levied,

*N.B. The goods are not to be sold until after the end of five clear days next following the day on which they were seized, unless the defendant otherwise consents or unless the goods are perishable.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

FORM No. 69.

[s. 61.]

Oral or written acknowledgment of undertaking to pay civil debt.

1271

HONG KONG.

Between

(Address

Description)

(Address

Description)

IN THE POLICE COURT AT

Plaintiff,

and

Defendant.

day of

It was this day [or on the

　　　　　　　　　　　　　　　　　　　　　　　　　　　,] adjudged by the undersigned, [or J.P.. Esquire,] a magistrate of the said Colony, that the plaintiff should recover against the defendant the sum of

for debt [or damages] and

for costs, amounting together to the sum of

　　　　　　　　　　　　　　　　　　　　　　　　and it was ordered that the defendant should pay the same to the plaintiff forthwith, [or

on or before the

instalments of

to be paid on the

day of

for every

day of

↑

or by

days, the first instalment

19 ,] and that

the defendant should be at liberty to give, to the satisfaction of a magistrate [or as in the judgment], security in the sum of

with

suret in the sum of

•

[each], for

the payment of the sum so ordered to be paid as thereby directed: Now, therefore, I, the defendant, as principal, and we E.F., of and G.H., of

as sureties [or I, E.F., of

as surety,] hereby undertake that the defendant will pay the sum so ordered to be paid as thereby directed; and I, the said defendant, and we [or I the said sureties [or surety], hereby severally acknowledge ourselves bound to forfeit and to

pay

the sum of

in case the defendant fails to perform this undertaking.

(Signed.) (where not taken orally)

C.D., Defendant.

E.F., G.H.,

Sureties.

Taken orally] before me this

day of

}

[L. S.]

(Signed.)

Magistrate.

PART III.

FORMS FOR INDICTABLE OFFENCES.

HONG KONG.

FORM No. 70.

Caution to and statement by accused.

IN THE POLICE Court AT

[s. 76.]

Before J.P, Esquire, a magistrate of the said Colony.

}

C.D. (hereinafter called the accused) stands charged before the undersigned, a magistrate of the said Colony, for that he, on the day of

[etc., as in the heading to the depositions] and the said charge being read to the accused and the witnesses for the prosecution E.F. and G.H. being severally ex- amined in his presence, the accused is now addressed by me as fol- lows: "Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so; but whatever you say will be taken down in writing, and may be given in evidence upon your trial and you are clearly to understand that you have nothing to hope from any promise of favour and that you have nothing to fear from any threat which may have been held out to you to induce you to make any admission

1272

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

or confession of your guilt, but that whatever you say now may be given in evidence upon your trial notwithstanding such promise or therat; whereupon the said C.D. saith as follows:

[Here state whatever the prisoner may say, and in his very words as nearly as possible. Get him to sign it, if he will.]

This

Taken before me at

day of

19 >

(Signed.)

C.D.

the day and year last above written.

(Signed.)

Magistrate.

HONG KONG.

FORM No. 71.

Recognizance to prosecute or give evidence.

IN THE POLICE Court at

Before J.P., Esquire, a magistrate of the said Colony.

}

day of

[s. 78.]

The

4.B., of

personally came before me, the undersigned, and acknowledged himself to owe to Our Sovereign Lord the King the sum to be made and levied on his goods and chattels, lands and tenements, to the use of Our Sovereign Lord the King, his heirs and successors, if he, the said A.B., shall fail in the condition hereon indorsed.

Taken and acknowledged before me at first above mentioned.

[L.S.]

(Signed.)

the day and year

Magistrate.

Condition to prosecute.

If therefore he, the said A.B., shall appear at the next [or as may be criminal session of the Supreme Court, and there prefer or cause to be preferred against the said C.D., an indictment for the offence aforesaid, and there also duly prosecute such indictment, then the said recognizance to be void, or else to stand in full force and virtue.

[Where the condition is lo prosecute and give evidence, add after the words "Supreme Court"]

"and there prefer or cause to be preferred an indictment against the said C.D., for the offence aforesaid, and duly prosecute such indictment, and give evidence thereon to the Supreme Court and jurors on the trial of the said C.D., then the said recognizance to be void, or else to stand in full force and virtue."

[Where the condition is to give evidence only, add after the words "Supreme Court']

"and there give such evidence as he knoweth on an indictment to be then and there preferred against the said C.D., for the offence aforesaid to the Supreme Court and jurors on the trial of the said C.D., then the said recognizance to be void, or else to stand in full force and virtue."

FORM No. 72.

[8. 78.]

Notice of the said recognizance to be given to the prosecutor

HONG KONG.

and his witnesses.

IN THE POLICE COURT AT

Take notice that you, A.B., of

are bound in the sum of to appear at the next criminal session of the Supreme Court Lor as the case may be], and then and there prosecute and give evidence [according to the condition] against C.D., and unless you then appear

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932. 1273

there and prosecute and give evidence accordingly, the recognizance entered into by you will be forthwith levied on you.

Dated this

day of

(Signed.)

Magistrate.

FORM No. 73.

[s. 78.]

Commitment of witness for refusing to enter into the recognizance.

HONG KONG.

IN THE POLICE COURT AT

To each and all of the constables of the said Colony and to the Superintendent of Prisons in the said Colony.

Whereas C.D., was lately charged bfeore the undersigned, a magis- trate of the said Colony, for that [etc., as in the summons to the witness]; and it having been made to appear to me upon oath that E.F., of

　　　　was likely to give material evidence for the prosecution, I duly issued my summons to the said E.F., requiring him to be and appear before me on the

day of 19

　　　or before such other magistrate as should then be there, to testify what he should know concerning the said charge so made against the said C.D. as aforesaid; and the said E.F. now ap- pearing before me [or being brought before me by virtue of a warrant in that behalf] to testify as aforesaid has now been examined by me touching the premises, but being by me required to enter into a recognizance conditioned to give evidence against the said C.D., has now refused so to do: These are, therefore, to command you, the said constables, to take the said E.F. and him safely to convey to a prison and there deliver him to the said Superintendent, together with this precept and you, the said Superintendent, to receive the said E.F. into your custody in a prison and there to imprison and safely keep. him until after the trial of the said C.D. for the offence aforesaid, unless in the meantime the said E.F. shall duly enter into such recognizance as aforesaid in the sum of

before a magistrate of the said Colony, conditioned in the usual form, to appear at the next criminal session of the Supreme Court [or as the case may be] and there to give evidence on the trial of the said C.D. for the said offence, if an indictment should be filed against him for the same.

Dated this

[L.S.]

day of

(Signed.)

Magistrate.

HONG KONG.

FORM No. 74.

Subsequent order to discharge the witness.

IN THE POLICE COURT AT

To the Superintendent of Prisons in the said Colony.

Whereas by my order, dated the

day of

[8. 78.]

19 reciting that C.D. was lately charged before me for a certain ofrence mentioned, and E.F., having appeared before me and being. examined as a witness for the prosecution in that behalf, refused to enter into a recognizance to give evidence against the said C.D., and I therefore thereby committed the said E.F. to your custody and re- quired you safely to keep him until after the trial of the said C.D. for the offence aforesaid unless in the meantime he should enter into such recognizance as aforesaid; and whereas, for want of sufficient evidence against the said C.D., the said C.D. has not been committed or holden to bail for the said offence, but on the contrary has since been discharged, and it is therefore not necessary that the said E.F. should be detained longer in your custody; These are, therefore, to order and direct you, the said Superintendent, to discharge the said E.F. out of your custody as to the said commitment, and suffer him to go at large.

Dated this

[L.S.]

day of

(Signed.)

•

Magistrate.

1274 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

HONG KONG.

FORM No. 75.

Warrant remanding accused.

IN THE POLICE COURT AT

[s. 73.]

To each and all of the constables of the said Colony and to the Superintendent of Prisons in the said Colony.

Whereas C.D. was this day charged before the undersigned, a magis- trate of the said Colony, for that [etc., as in the warrant to appre- hend]; and it appears to me to be necessary to remand the said C.D.: These are, therefore, to command you, the said constables, in His Majesty's name, forthwith to convey the said C.D. to a prison and there deliver him to the said Superintendent together with this pre- cept; and you, the said Superintendent, to receive the said C.D. into your custody in a prison and there safely keep him until

day, the

day of

　　　　　　　　　　　　19 when I hereby command you to have him at the said police court, at

o'clock in the noon of the same day, before such magistrate of the said Colony as may be sitting at the said court, to answer further to the said charge, and to be further dealt with according to law, unless you shall be otherwise ordered in the meantime.

Dated this

[L.S.]

day of

(Signed.)

•

Magistrate.

FORM No. 76.

[s. 73.]

Recognizance of bail instead of remand, on an adjournment

HONG KONG.

of examination.

IN THE POLICE COURT AT

day of

}

On the

　　　　　　　　　　　　　　, C.D., of E.F., of

and G.H., of

　　　　　　　　　　　　　　　　　　　　personally came before me, a magistrate of the said Colony, and severally acknowledged themselves to owe to Our Sovereign Lord the King the several sums following: that is to say, the said C.D. the sum of

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　and the said E.F. and G.H. the sum of

　　　　　　　　　　　　　　　　　　each to be made and levied on their several goods and chattels, lands and tenements, respectively, to the use of Our Sovereign Lord the King, his heirs and successors if he, the said C.D., shall fail in the condition hereon indorsed.

Taken and acknowledged, this

[L.S.]

day of

before me.

(Signed.)

Condition.

Magistrate.

The condition of the within-written recognizance is such that where- as the within-bounden C.D. was this day [or on the

day of

19 ,] charged before me, for that he [etc., as in the warrant]; and whereas the examination of the witnesses for the prosecution in this behalf is adjourned until the

o'clock in the

day of

; if therefore the said C.D. shali

day of

noon, at

appear before me on the said 19

at before such other magistrate as may then be there, to answer [further] to the said charge and to be further dealt with according to law, then the said recognizance to be void, or else to stand in full force and virtue.

FORM No. 77.

[s. 73.]

Notice of the said recognizance to be given to accused and his sureties.

HONG KONG.

IN THE POLICE COURT AT

Take notice that you C.D., of

are bound in the sum of and your sureties, E.F. and G.H., in the sum of

each, that you, C.D., appear before me a magistrate of the said Colony, on

day, the

day of

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

1275

noon, at

to answer

o'clock in the further to the charge made against you by A.B. and to be further dealt with according to law; and unless you, C.D., personally appear accordingly, the recognizance entered into by yourself and your sureties. will be forthwith levied on you and them.

Dated this

[L.S.]

day of

(Signed.)

Magistrate.

HONG KONG.

On the E.F., of

FORM No. 78.

Recognizance of bail.

IN THE POLICE COURT AT

day of and G.H. of

19, C.D., of

[s. 97.]

　　　　　　　　　　personally came before me the undersigned, a magistrate of the said Colony, and severally acknow- ledge themselves to owe to Our Sovereign Lord the King the several sums following: (that is to say), the said C.D. the sum of and the said E.F. and G.H. the sum of

[each], to be made and levied on their several goods and chattels, lands and tenements respectively, to the use of our Sovereign Lord the King, his heirs and successors, if he the said C.D. shall fail in the condition hereon indorsed.

Taken and acknowledged, this

day of

before me.

(Signed.)

Magistrate.

Explained by

Sworn Interpreter.

Condition in ordinary cases.

The condition of the above-written recognizance is such, that whereas the said C.D was this day charged before me for that he [etc., as in the warrant]

If therefore the said C.D. will appear at the criminal session of the Supreme Court to be holden on the

day of

19 and at every adjournment thereof and there surrender himself (if so required) into the custody of the Superintendent of Prisons in the said Colony, and plead to such indictment as may be filed against him by the Attorney General and take his trial upon the same, and not depart the said court without leave, then the said recognizance to be void, or else to stand in full force and virtue.

FORM No. 79.

[s. 97.]

Notice of the said recognizance to be given to accused and his sureties.

IN THE POLICE COURT AT

HONG KONG.

Take notice that you, C.D., of

.of

are bound in the sum and your sureties, E.F. and G.H., in the sum of [each], that you C.D., appear [etc., as in the condition of the recogniz. ance], and not depart the said court without leave; and unless you, C D., personally appear and plead, and take your trial accordingly, the recognizance entered into by yourself and your sureties will be forth. with levied on you and them.

Dated this

[L.S.]

day of

(Signed.)

Magistrate.

1276

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

FORM No. 80.

[s. 97.]

Certificate of consent to bail by the committing magistrate

indorsed on the commitment.

HONG KONG.

IN THE POLICE COURT AT

I hereby certify that I consent to the within-named C.D. being bailed by recognizance. himself in the sum of

sureties in the sum of

and [two]

Dated this

[L.S.]

[each].

day of

(Signed.)

Magistrate.

FORM No. 81.

[s. 98.]

Warrant of deliverance on bail being given for a prisoner

HONG KONG.

already committed.

IN THE POLICE COURT AT

To the Superintendent of Prisons in the said Colony.

C.D., late of

[labourer] has before me, a magistrate of the said Colony, entered into his own recognizance, and found sufficient sureties for his appearance at the next criminal session of the Supreme Court [or as the case may be] to answer Our Sovereign Lord the King for that he [etc., as in the commitment], for which he was taken end committed to a prison: These are, therefore, to command you, in His Majesty's name, that if the said C.D. do remain in your custody in a prison for the said cause, and for no other, you shall forthwith suffer him to go at large.

Dated this

[L.S.]

day of

(Signed.)

•

Magistrate.

PART IV.

FORMS FOR INDICTABLE OFFENCES TRIABLE SUMMARILY.

HONG KONG.

FORM No. 82.

[ss. 84 and 85.]

Summary conviction of indictable offence.

IN THE POLICE Court AT

Before J.P., Esquire, a magistrate of the said Colony.

The

day of

C.D. (hereinafter called the defendant) having been charged for that

at day of he, on the

}

[state offence]; and the magistrate having determined to try the case summarily; the defendant is thus day convicted of the said offence, and it is adjudged that he pay [or that he be imprisoned, insert particulars] for his said offence [proceed as in ordinary forms of Summary conviction.]

Dated this

[L.S.]

day of

(Signed.)

Magistrate.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

FORM No. 83.

[s. 85.]

Order of dismissal where an indictable offence has been tried summarily.

1277

HONG KONG.

IN THE POLice Court at

Before J.P., Esquire, a magistrate of the said Colony.

The

day of

19.

C D. (hereinafter called the defendant) having been charged on the information of A.B. for that he, on the

day of [state offence]; and the magistrate having determined to try the case summary; and the matter of the said charge having been duly considered by the said magistrate, it manifestly appears to him that the said charge is not proved: Therefore the said information is hereby dismissed; and it is ordered that the informant pay to the defendant the sum of

for costs forthwith

[or on or before the

day of

]; and

if default is made [proceed as in a conviction for fine to be levied by distress.]

[L.S.]

(Signed.)

FORM No. 84.

Magistrate.

[s. 100.]

HONG KONG,

Application to magistrale to state a case.

IN THE POLICE COURT AT

To J.P., Esquire, a magistrate of the said Colony.

}

In the matter of an information [or complaint] wherein 1, the undersigned A B, was informant [or prosecutor, or complainant] and C.D. was defendant, heard and determined before you at the said police court on the

day of

　　　　　　　　　　　　　　　　　　　　　　　　　being dissatisfied with your determination, upon the hearing of the above information [or complaint] and being aggrieved thereby as being erroneous in point of law or as the case may be, I hereby, pursuant to section 100 of the Magistrates Ordinance, 1932, make application to you to state and sign a case setting forth the facts and ground of such your determination, in order that I may appeal therefrom to the Full Court.

Dated this

day of

(Signed.)

FORM No. $5.

A.B.

[s. 105.1

Magistrate's certificate for leave to appeal by way of re-hearing

HONG KONG.

Whereas on the

IN THE Police Court at

day of

information for complaint] perferred by A.B. against C.D., of

(hereinafter called the defendant) for that be fele., as in the information, complaint or summons] was heard and determined by me, the undersigned, a magistrate of the said Colony, and the defendant was duly convicted of the said offence and was adjudged for the defendant was ordered to pay the said A.B., the sum of

}

there state the adjudication of fine, sum, or imprisonment and costs as, 11 a conviction or order, or, if dismissed]; and thereupon the said in- formation for complaint] was dismissed, [and the said A.B. was order. ed to pay to the defendant the sum of

for his costs incurred by him in his defence in that behalf] [conclude as in the order of dismissal]; and whereas the defendant [or A.B.], being dissatisfied.

1278

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

with the said determination and alleging that he is aggrieved thereby as being erroneous in point of fact, has applied to me, pursuant to section 105 of the Magistrates Ordinance, 1932, for leave to appeal to the Full Court by way of re-hearing: Now I do hereby certify that I have granted such leave accordingly.

Dated this

[L.S.]

day of

(Signed.)

Magistrate.

FORM No. 86.

[s. 110.]

Magistrale's certificate of refusal to state or amend case or to grant leave to appeal.

ONG KONG.

IN THE POLICE COURT AT

[Commence as in the last form down to the end of the first recital and then continue as follows:]

and whereas the defendant for A.B.,] being dissatisfied with the said determination and alieging that he is aggrieved thereby as being erroneous in point of law for fact], has applied to me pursuant to section 100 for section 105] of the Magistrates Ordinance, 1932, to state and sign a ease setting forth the facts and ground of such determination in order that he may appeal therefrom to the Full Court For to grant leave of appeal to the Full Court by way of re-hearing]; fand, if so, whereas on the

day of

19 I stated and signed a case accordingly, but the defendant for A.B.), is dissatisfied with the way in which I have so stated such case and has, pursuant to section 102 of the said Ordinance, duly applied to me to amend the same by [here state what amendment is desired]: Now I being of opinion that the application of the defendant [or A.B.] is merely frivolous have refused to state such case [or to grant such leave to appeal, or now I, having refused to amend such case], of which refusal the defendant [or A.B.] has requested me to sign and deliver to him a certificate: Now therefore I, the said magistrate, pursuant to section 110 of the said Ordinance, do hereby certify that I am of opinion that the application of the defendant for A.B.] as aforesaid is merely frivolous, and that I have refused to state such case accordingly for that I have refused to grant such leave to appeal, or to amend sucli case].

Dated this

[L.S.]

day of

(Signed.)

•

Magistrate.

FORM No. 87.

Case stated by a magistrate.

IN THE SUPREME COURT OF HONG KONG.

APPELLATE JURISDICTION.

Between A.B., Appellant,

and

C.D., Respondent.

(s. 100.]

This is a case stated by the undersigned, a magistrate of the Colony of Hong Kong under the Magistrates Ordinance, 1982, for the purpose of appeal to the Supreme Court on questions of law which arose before me as hereinafter stated.

•

on the

1. At the police court in the said Colony, at day of

　　　　　　　　19 , an information for a complaint] preferred by A B. (hereinafter called the respondent) against C.D. (hereinafter called the appellant) [or as the case may be], under

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932. 1279

section of the state the Ordinance or statute as the case may be charging, for that be, the appellant [etc., staic the offence or cause of complaint], was heard and determined by me, the said parties respec- tively being then present; and upon such hearing the appellant was duly convicted before me of the said offence, and it was adjudged that he should pay for and upon such hearing the appellant was by me ordered to pay] to the respondent the sum of There state the adjudication of fine, sum, or imprisonment and costs, as in a conviction or an order

[Or, if dismissed and upon such hearing the said information [or complaint] was dismissed by me, [and, if so, the appellant was ordered to pay to the respondent the sum of

　　　　　　　　　　　　　　　　　　　　for his costs incurred by him in his defence in that behalf, [conclude as in an order of dismissal].

2. And whereas the appellant, being dissatisfied with my deter- mination upon the hearing of the said information [or complaint and alleging himself to be aggrieved by such determination as being erroneous in point of law has, pursuant to section 100 of the Magistrates Ordinance, 1932, duly applied to me in writing to state and sign a case setting forth the facts and the grounds of such determination as aforesaid, in order that he may appeal therefrom to the Full Court, and has duly entered into a recognizance as required by the said Ordi. nance in that behalf.

[If the case is stated in obedience to a rule under section 111, recite the refusal and the granting of such rule as follows:-but I, being of opinion that the application of the appellant was merely frivolous, refused to state and sign such case. and at his request signed and delivered to rim a certificate of such refusal; and whereas the Fuli Court has since granted a rule cailing upon me to state such case.]

3. Now therefore I, the said magistrate, in compliance with the said application for in obedience to the said rule and order of the Full Court and the provisions of the said Ordinance if more facts are introduced than proved and by consent of the said partics], do hereby state and sign the following ease.

4. Upon the hearing of the information for complaint] it was proved on the part of the respondent, and found as a fact, that [here stale so much of the evidence given and of the facts as are necessary to raise the point of iaw in question].

5. [State here any of the following paragraphs according to circum- stances. It was admitted by the appellant that the said proceedings. had before me were legal and regular, and that if [according to cir- cumstances] the said conviction [or order] was properly made.

6. It is also an admitted fact that

7. It was further stated on behalf of the respondent, and admitted by the appellant, that

8. For the purpose of enabling the said court to determine the questions raised between the parties, the following further facts were stated and agreed upon between them, viz.:

If it is desired to refer to a portion of the evidence by consent, insert the following paragraph :-

9. It is agreed that if either party shall wish to refer to

[a document or book | not set out in the body of this case, such party shall be at liberty to do so, and that for this purpose the said [document or book! shall be taken, so far as it relates to the said

to form part of this case.

10. It was contended on the part of the appellant that [here state the legal objection or objections to the findings on the facts taken by the defendant or his counsel.]

11. I, however, being of opinion that [here state the grounds of the decision], held that [here state the decision and judgment].

1280

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

If it is desired to refer to a portion of the evidence by consent, insert the following paragraph:-

21. The questions of law arising on the above statement for the opinion of this court therefore are, 1st, whether, etc., 2nd. whether,

elc.

Dated this

day of

[L.S.]

(Signed.)

Magistrate.

FORM No. 88.

[s. 108.]

HoNG RoNG

Recognizance of appeal.

IN THE POLice Court at

[The form of recognizance will be the same as in Form No. 28 supra, but the condition indorsed will be as follows]:

The condition of the within-written recognizance is such that if the within-bounden

shall without delay prosecute a certam appeal to the Full Court from a conviction [or order] of J.P.,

Esquire, a magistrate of the said Colony, dated the

day 19 , whereby [here slate effect of conviction or order], and further shall abide by and duly perform the order of the said court to be made upon the hearing of such appeal, and shall pay such costs as may be awarded by the said court [add, if appellant is liberated from custody and further if the said

shall submit to the judgment of the said court, and shall, within ten days from the date thereof, appear before a magistrate of the said Colony to abide by the said judgment in case such conviction [or order] is not quashed, set aside, or reversed] then the within-written recogni zance shall be void, but otherwise shall remain in full force and virtue.

FORM No. 89.

Order to bring up appellant in custody to enter into recognizance of appeal.

HoNG RoNG.

IN THE POLICE COURT AT

[s. 108.]

To the Superintendent of Prisons in the said Colony.

You are hereby ordered to bring C.D., now in your custody, before the undersigned, a magistrate of the said Colony, or such magistrate as may then be sitting at the said court, on

day, the o'clock in the

suret

day noon,

of that he may enter into a recognizance with conditioned to appear and try an appeal from the conviction [or order]. dated the

day of

of the undersigned for J.P., Esquire,] a magistrate of the said Colony, and may there- upon, if the magistrate thinks fit, be released from your custody.

Dated this

[L.S.]

day of

(Signed.)

•

Magistrate.

FORM NO. 90.

[s. 115.]

Certificate of Registrar of the Supreme Court that the costs of an

appeal have not been paid.

REGISTRY, SUPREME COURT, HONG KONG.

(Title of the appeal).

I hereby certify that at the sitting of the Full Court on the

day of

19 an appeal by C.D. against a conviction for order] of J.P., Esquire, a magistrate of the said Colony, caine on to

be tried, and was then heard and determined, and the Full Court

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

thereupon ordered that the said conviction [or order] should be con- firmed [or quashed] and that the said [appellant] should pay to the said [respondent] the sum of

for his costs incurred by him on

the said appeal, and which sum was thereby ordered to be paid to me, the undersigned, on or before the day of

;

to be by me handed over to the said [respondent]; and I further certify that the said sum for costs has not, nor has any part thereof, been paid in obedience to the said order.

1231

Dated this

[L S.]

day of

(Signed.)

SECOND SCHEDULE.

Registrar.

RULES. [ss. 29, 56, 57, 58 and 127.]

Summary proceedings.

1.-(1) When, in pursuance of s. 28 (2) of this Ordinance the Returns to magistrates' clerk receives a minute of proceedings, he shall forth- magistrate. with enter particuiars of such minute in chronological order in a return in Form No. 1 in the appendix to these Rules, which shal! Appendix. be authenticated by the signature of one of the magistrates.

(2) The return shall show the appropriation of any fine or penalty imposed.

Form No. 1.

2. The magistrate signing the return shall cause it to be delivered Entries in to the magistrates' clerk, who shall transcribe the particulars in register. Form No. 2 in the appendix to these rules, in the register referred Appendix. to in section 29 (4) of this Ordinance.

Form No. 2.

First Schedule. Form No. 60.

3.-(1) The magistrates' clerk shall render an account of all fines, Accounts, fees and other sums received by him under this Ordinance in such Form. manner and at such times as the Colonial Treasurer may direct.

(2) The magistrates' clerk shall enter on the day of its receipt each Date of sum of money received by him on any account whatever.

entry.

(3) Where payment is deferred or to be made by instalments, the Payments magistrates' clerk shall make a note opposite the appropriate entry deferred

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　or by in the return, and shall enter the sum in a book called the Instalment instalments. Ledger

(4) When the whole of such sum has been paid or received by distress, or the term of imprisonment imposed in default of payment or of sufficient distress has expired, the magistrates' clerk shall then enter the sum in the account: Provided that, though the whole of the sum

may not have been paid or recovered, the instalments received shall be accounted for at such times and in such manner as the Colonial Treasurer may direct.

Appendix. Form No. 1.

4. When the magistrates' clerk has rendered an account in the Other required or authorised form to the Colonial Treasurer, he shall not accounts be required to render any other account relating to the same particulars.

dispensed

with.

5. The magistrates' clerk shall render such returns at such times Returns to and in such manner as the Colonial Secretary may direct.

Colonial Secretary.

under

6. Where a magistrate has enforced payment of any sum due by a Application principal in pursuance of a security under this Ordinance which of sum due appears to the magistrate to be forfeited, the sum shall be paid to forfeited the magistrates' clerk, and shall be paid and applied by him in security. accordance with its appropriation in such manner as the Colonial Treasurer may direct.

1282 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

Form of security.

Security book.

Notice to principal of forfeiture of security.

Application to vary order for sureties.

Payment by defendant.

Discharge of prisoner on payment.

7. Any security given under this Ordinance by an oral or written acknowledgment may be in the form of an undertaking.

8.-(1) The magistrates' clerk shall keep a security bock, and shall enter therein, with respect to each security given in relation to any proceeding, the name and address of each person bound, showing whether he is bound as principal or as surety, the sum in which each person is bound, the undertaking or condition by which he is bound, the date of the security, and the person before whom it is taken.

(2) Where any such security is not entered into before a magistrate or before the magistrates' clerk, the person before whom it is entered into shall make a return thereof, showing the above particulars, to the Imagistrates' clerk,

(3) The security book, and any certified extract therefrom, shall be evidence of the several matters hereby required to be entered in the security book in like manner as if the security book were the register.

9.-(1) Not less than two clear days before a warrant of distress is issued for a sum due by a principal in pursuance of a forfeited security under the Ordinance, the magistrates' clerk issuing the warrant shall cause notice of the forfeiture to be served on the principal.

(2) Service of the notice may be effected either by prepaid letter sent to the address mentioned in the security, or as service of a summons may be effected under this Ordinance

10. An application under section 56 of this Ordinance shall be an application for a summons requiring the complainant to show cause why the order made on his complaint should not be varied.

11. When an order of commitment for non-payment of money is issued, the defendant may, at any time before he is delivered into the custody of the gaoler, pay to the officer holding the order the amount indorsed thereon as that on the payment of which he may be discharg- ed, and, on receiving that amount, the officer shall discharge the defen- dant, and shall forthwith pay over the amount to the magistrates' clerk.

12.-(1) The sum indorsed on the order of commitment as that on payment of which the prisoner may be discharged may be paid to the magistrates' clerk or to the gaoler in whose custody the prisoner is.

(2) Where it is paid to the clerk, he shall sign a certificate of the payment, and, on receiving the certificate by post or otherwise, the gaoler in whose custody the prisoner then is shall forthwith discharge. the prisoner.

(3) Where it is paid to the gacler, he shall on payment to him of that amount, sign a certificate of the payment and discharge the prison- er and forthwith transmit the sum so received to the magistrates' clerk. 13. All costs incurred by the plaintiff or complainant in endeavouring Costs of plaintiff or

　　　　to enforce an order shall, unless a magistrate otherwise orders, be complainant enforceable by warrant of distress and sale or by imprisonment, without in enforcing hard labour, not exceeding six weeks, unless the same shall be sooner

paid.

order.

Delivery of additional copy of case stated.

Mode of

Appeals.

14. In all cases of appeal to the Full Court on questions of law under Part VI of this Ordinance, the party setting down the appeal for argument shall, at the time of setting down the appeal for argument and when the appeal is to be heard before two judges, furnish the Registrar with an additional copy of the case stated and of the deposi- tions, if any, attached thereto; and if he fails to do so the other party to such appeal may, on the day following, deliver such copy as ought to have been delivered by the party making default; and the party making default shall not be heard until he has paid for such additional copy or deposited with the Registrar a sufficient sum to pay for such

copy.

15. Every case stated under Part VI of this Ordinance shall be stating case. divided into paragraphs which, as nearly as may be, shall be confined. to a distinct portion of the subject, and every paragraph shall be numbered consecutively.

Costs of drawing and copying case.

16. The costs of drawing and copying any such case as aforesaid which does not in substance comply with the requirements of rule 15 of these rules shall not be allowed on taxation, unless the Full Court or the judge before whom the appeal is heard specially so directs.

明

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

Hong KoNG.

APPENDIX OF FORMS.

FORM NO. 1.

IN THE POLICE COURT AT

Return of all fines and fees and other sums of money imposed or received showing their appropriation.

Amount where option

CASE NO.

NAMES OF PERSONS CHARGED.

Fine.

is given.

Whether committed to

FINES.

prison, bound over,

whipped, cautioned or

Revenue

Amends.

discharged or

payment deferred.

Ordinary.

Reward

Arms.

Fund.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

FORFEITURES.

Miscel-

Poor Box.

Fecs.

Amends.

laneous

Ordinary.

Revenue

Reward

Fund.

Receipts.

Arms.

€A

(9)

(10)

(11)

€

(12)

€

(13)

(14)

(15)

(8)

1283

Hong KoNG.

Summary.

NO OF CASES AS RECORD D.

ARRESTED.

Without

Warrant. Warrant.

Summoned.

Name of

Inform-

ant or

Com-

plainant.

FORM NO. 2.

IN THE POLICE COURT AT

Nature of

Name of

Defend-

ant.

Offence or

matter of Complaint.

Ordin-

ance or

Statute.

Minute of

Adjudi-

cation.

No. of

Amount

where option is Given.

Magis-

trate

Adjudi-

cating.

Date of

Order if

made.

Com-

mittal

Warrant

if any.

Fine.

(1)

(2)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(1.3)

Whether committed to prison, bound over, whipped, cautioned or discharged or payment deferred.

FINES.

FORFEITURES.

Ordinary.

Revenue

Reward

Fund.

Arms. Ordinary.

Revenue

Reward

Fund.

Arms.

验

(15)

(16)

(17)

(18)

(19)

(20)

(21)

Poor

Box.

(22)

Fees.

Amends.

€9

Amends.

(2:3)

(24)

(14)

1284

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

Miscel-

laneous

Receipts.

(25)

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

1285

THIRD SCHEDULE. [ss. 84 and 90.]

LIST OF OFFENCES EXCLUDED FROM

SUMMARY JURISDICTION.

1. Any offence which is punishable with death.

2. Any offence (except burglary) which is punishable with imprison- ment with hard labour for life.

3. Any felony mentioned in the Suppression of Piracy Ordinance, Ordinance

1868.

No. 1 of 1868.

4. Misprison of treason.

5. Any offence against the King's title, prerogative, person or government.

6. Blasphemy and offences against religion.

7. Perjury and subornation of perjury.

8. Making or suborning any other person to make a false oath punishable as perjury or as a misdemeanor.

9. Any offence against the provisions of the laws relating to Ordinance. bankrupts other than the offence of obtaining credit under false No. 5 of pretences or by means of any other fraud under Section 78A (a) of the 1865. Larceny Ordinance, 1865.

10. Composing, printing or publishing blasphemous, seditious or Ordinance defamatory libels, except as provided by section 17 of the Defamation No. 1 of and Libel Ordinance, 1887.

11. Bigamy.

1887.

12. Bribery, except in cases punishable under section 3 or section 4 Ordinance of the Misdemeanors Punishment Ordinance, 1998, where the amount No. 1 of

1898. or value of the bribe does not exceed twenty-five dollars.

13. Arson.

14. Stealing, or fraudulently taking, or injuring or destroying, records or documents belonging to any court of record or relating to any proceeding therein.

15. Stealing, or fraudulently destroying or concealing wills or testa- mentary papers or any document or written instrument being or containing evidence of the title to any lands, or any interest in lands, tenements, or hereditaments.

16. Any offence committed by trustees created by deed or will, Ordinance bankers, or factors, and mentioned in any of sections 62 to 73 of No. 5 of the Larceny Ordinance, 1865.

1865.

1286 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

HONG KONG.

No. 42 of 1932.

I assent.

W. PEEL,

L. S.

Governor.

Short title.

Registrar of Patents.

Application for registra Hong Kong

tion in

of patent granted

in the United Kingdom.

Application to be

9th December, 1932.

An Ordinance to consolidate and amend the law relating to the

Registration of United Kingdom Patents.

[9th December, 1932.]

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:--

1. This Ordinance may be cited as the Registration of United Kingdom Patents Ordinance, 1932.

2.-(1) It shall be lawful for the Governor to appoint a Registrar of Patents.

(2) Until the Governor shall make an appointment under sub-section (1), the officer who immediately before the com- mencement of this Ordinance was discharging the duties of Registrar of Patents, shall be the Registrar of Patents for the purposes of this Ordinance.

3. Any person being the grantee of a patent in the United Kingdom, or any person deriving his right from such grantee by assignaent, transmission or other operation of law, may, within five years from the date of issue of the patent, apply to have such patent registered in Hong Kong. Where any partial assignment or transmission has been made all pro- per parties shall be joined in the application for registration

4. Every application under this Ordinance shall be ac- companied by a certified copy of the specification or specifica- accompanied tions (including drawings, if any) of the United Kingdom patent and a certificate of the Comptroller General of the United Kingdom Patent Office giving full particulars of the issue of the patent on such specification or specifications

by certain documents.

Issue of certificate of registra- tion.

Nature

of rights

5. Upon such application being received, together with the documents mentioned in section 4, and upon payment of the prescribed fees and of the cost of any prescribed advertise- ment. the Registrar of Patents shall issue a certificate of registration.

6. Such certificate of registration shall confer on the applicant privileges and rights, subject to all conditions estab- conferred by lished by the law of Hong Kong, as though the patent had been issued in the United Kingdom with an extension to Hong Kong.

registration.

Period of rights con ferred by

7. The privileges and rights so granted shall date from the date of the patent in the United Kingdom and shall continue registration. in force only so long as the patent remains in force in the United Kingdom: Provided that no action for infringement

་

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932. 1237

shall be entertained in respect of any manufacture, use or sale

of the invention prior to the date of issue of the certificate of registration in Hong Kong,

exclusive

8.-(1) The Supreme Court shall have power, upon the Power to application of any person who alleges that his interests have declare been prejudicially affected by the issue of a certificate of privileges registration, to declare, on any of the grounds upon which the not acquired. United Kingdom Patent might be revoked under the law for the time being in force in the United Kingdom, that the ex- clusive privileges and rights conferred by such certificate of registration have not been acquired.

(2) Such grounds shall be deemed to include the manu- facture, use or sale of the invention in Hong Kong prior to the date of the patent in the United Kingdom, but not to include the manufacture, use or sale of the invention in Hong Kong by some person or persons after the date of the patent in the United Kingdom and prior to the date of the issue of the certi- ficate of registration under section 5.

of specifica-

drawings.

9. Whenever the specification or drawings of a United Amendment Kingdom patent registered in Hong Kong has or have been tion or amended by way of disclaimer, correction or explanation, ac- cording to the law of the United Kingdom, a request, accom- panied by a copy of the specification and drawings (if any) as amended, duly certified by the Comptroller General of the United Kingdom Patent Office, may be made to the Registrar to substitute a copy of the specification and drawings as amended for the specification and drawings originally filed.

ment, etc.

10. Where a person becomes entitled by assignment, Registration transmission or other operation of law to the privileges and of assign- rights conferred by a certificate of registration or to any interest therein, he may make application in the prescribed manner to the Registrar of Patents for the entry on the Re- gister of such assignment, transmission or other instrument affecting the title, or giving an interest therein.

make rules

and fees

11.-(1) The Registrar may make such Rules and do such Power to things as he may think expedient, subject to the provisions of prescribing this Ordinance, for prescribing the procedure under this Ordi- procedure nance and the fees to be paid in respect of proceedings under this Ordinance: Provided always that no such Rules shall come into operation until the same have been approved by the Legislative Council and published in the Gazette.

(2) The Rules in the Schedule shall be in force except as Schedule. they may be rescinded, added to or amended by Rules made. under sub-section (1).

Ordinances

12. (1) The Registration of United Kingdom Patents Repeal of Ordinance, 1925, the Registration of United Kingdom Patents No. 13 of Amendment Ordinance, 1928, and the Registration of United 1925. No. 10 Kingdom Patents Amendment Ordinance, 1932, are repealed.

of 1928, and

No. 18 of

1932.

(2) Notwithstanding the repeal of the Patents Ordinance. Saving 1892, by section 13 of the Registration of United Kingdom 3dinance Patents Ordinance, 1925, all rights, obligations and duties con- No. 2 of ferred or imposed by or under the provisions of the Patents 1892,

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　repealed by Ordinance, 1892, and still subsisting immediately before such Ordinance repeal, including the rights, obligations and duties conferred No. 13 of or imposed by section 8 of the Patents Ordinance, 1892, shall, for all purposes whatsoever, be deemed to have continued to subsist after such repeal, and shall, unless expired before the commencement of this Ordinance, be deemed to continue to subsist, in all respects, and to such extent, as if the said Ordi-

1925.

1288

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

nance had not been repealed: Provided that user and pub- lication in the Colony under any order of provisional protection granted under section 11 of the Patents Ordinance, 1892, shall not form any ground for any declaration under section 8 of this Ordinance.

Passed the Legislative Council of Hong Kong, this 8th day of December, 1932.

R. A. C. NORTH, Deputy Clerk of Councils.

SCHEDULE.

[s. 11 (2).]

REGISTRATION OF UNITED KINGDOM PATENTS RULES.

1. Every application for registration of a patent shall be accom- panied by a statutory declaration setting out the interest and title of the applicant.

2. The issue of every certificate of registration of a patent shall, forthwith, be notified by the Registrar in the Gazette at the expense of the applicant.

3. Every application under section 10 of the Ordinance shall be accompanied by a statutory declaration setting out the interest and title of the applicant, and by the original, or a certified copy, of every document on which the applicant's title depends.

4. The following fees shall be payable to the Registrar:

Certificate of Registration of Patent

$10.00

Entry on Register under section 10

$10.00

Search of Register

$1.00

Office copy of entries in the Register, or of

documents, per folio of 72 words (mini- mum charge $1.00)

$0.50

Collating a copy, not made by the Registrar, of entries in the Register, or of docu- ments, per folio of 72 words (minimum charge 50 cents)

$0.20

Initialling alterations in such last mentioned

copy, per alteration

$0.20

Certifying a copy of entries in the Register,

or of documents

$4.00

...:

$5.00

On application to change the name of a proprietor of a single patent where there has been no alteration in the proprietor- ship

On application to change the name of a proprietor of more than one patent standing in the same name, the change being the same in each case,-

for the first patent

$5.00

for every other patent

$1.00

Altering a single entry of the address of a

registered proprietor

$5.00

Altering more than one entry of the address

of a registered proprietor where the address in each case is the same and altered in the same way,-

for the first entry

for every other entry

$5.00

$1.00

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

1289

HONG KONG.

No. 43 OF 1932.

I assent.

W. PEEL,

L.S.

Governor.

9th December, 1932.

An Ordinance to amend the Protection of Women and Girls

Ordinance, 1897.

[9th December, 1932.]

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Protection of Short title. Women and Girls Amendment Ordinance, 1932.

for Ordin-

2. Sub-section (2) of section 13 of the Protection of Substitution Women and Girls Ordinance, 1897, is repealed and the follow- ing sub-section is substituted :-

(2) Every occupier or keeper of a house or portion thereof which is used in the manner aforesaid shall be liable for the first offence of such use to a fine not exceeding two hundred and fifty dollars and to imprisonment for any term not exceeding three months: for the second offence to a fine not exceeding five hundred dollars and to imprisonment for any term not exceeding six months: and for a third or any subsequent offence to a fine not exceeding one thousand dollars and to imprisonment for any term not exceeding twelve

nonths.

ance No. 4 of 1897, s. 13 (2).

3. Sub-section (1) of section 17 of the Protection of Substitution Women and Girls Ordinance, 1897, is repealed and the fol- for Ordin- lowing sub-section is substituted :--

(1) Every male person who-

(a) knowingly lives wholly or in part on the earnings

of prostitution; or

(b) solicits for immoral purposes,

shall be liable to imprisonment for any term not exceeding

six months.

ance No. 4

ef 1897,

s. 17 (1).

4. Sub-section (3) of section 21 of the Protection of Substitution Women and Girls Ordinance, 1897, is repealed and the follow- ing sub-section is substituted :-

for Ordin-

ance No. 4

of 1897, s. 21 (3).

1290

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

Power on indictment, hearing or charge for rape, to convict of certain offences.

48 & 49 Vict. c 69, s. 9.

(3) If upon the trial of any indictment, or the hearing of any information or charge, for rape, or for any offence made felony in section 6, the magistrate or the jury, as the case may be, shall be satisfied that the defendant is guilty of an offence under sections 5, 6, 9 or 10 or of an indecent assault, but is not satisfied that the defendant is guilty of the felony charged in such indictment, information or charge, or of an attempt to commit the same, then and in every such case the magistrate or the jury, as the case may be, may acquit the defendant of such felony, and find him guilty of an offence as aforesaid, or of an indecent assault, and thereupon such defendant shall be liable to be punished in the same manner as if he had been convicted upon an indictment, information. or charge for such offence as aforesaid, or for an indecent assault.

Passed the Legislative Council of Hong Kong, this. 8th day of December, 1932.

R. A. C. NORTH, Deputy Clerk of Councils.

APPOINTMENTS.

　　　No. 778. It is hereby notified that the Honourable Mr. EDWIN RICHARD HALLIFAX, C.M.G., C.B.E., resumed duty as Secretary for Chinese Affairs on 8th December, 1932.

8th December, 1932.

　　　No. 779.-His Excellency the Governor has been pleased to recognize, provi- sionally and pending instructions from the Secretary of State for the Colonies, Mr. HENRY B. DAY as a Vice-Consul for the United States of America in Hong Kong.

5th December, 1932.

No. 780-His Excellency the Governor has been pleased to appoint, under section 3 of the Dentistry Ordinance, 1914, Ordinance No. 16 of 1914, Dr. HERMANN BALEAN to be a Member of the Dental Board, during the absence from the Colony of Dr. GEORGE DUNCAN RALPH BLACK, with effect from 19th November, 1932.

7th December, 1932.

1290

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

Power on indictment, hearing or charge for rape, to convict of certain offences.

48 & 49 Vict. c 69, s. 9.

Passed the Legislative Council of Hong Kong, this. 8th day of December, 1932.

R. A. C. NORTH, Deputy Clerk of Councils.

APPOINTMENTS.

　　　No. 778. It is hereby notified that the Honourable Mr. EDWIN RICHARD HALLIFAX, C.M.G., C.B.E., resumed duty as Secretary for Chinese Affairs on 8th December, 1932.

8th December, 1932.

5th December, 1932.

7th December, 1932.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

1291

No. 781.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

THE PENSIONS ORDINANCE, 1932.

Subsection (b) (1) of Section 2.

The offices in the subjoined list are declared to be pensionable: Provided that offices marked with an asterisk shall be pensionable only while held by the officers whose names are shewn against them.

APPOINTMENTS IN THE CADET SERVICE NOT OTHERWISE SPECIFIED

APPOINTMENTS IN THE SENIOR CLERICAL AND ACCOUNTING STAFF NOT

OTHERWISE SPECIFIED.

APPOINTMENTS IN THE JUNIOR CLERICAL STAFF.

GOVERNOR'S OFFICE.

Custodian.

Chauffeurs.

COLONIAL SECRETARY'S OFFICE.

Colonial Secretary.

Principal Assistant Colonial Secretary. Assistant Colonial Secretaries.

Chief Clerk.

SECRETARIAT FOR CHINESE AFFAIRS.

Secretary for Chinese Affairs.

Chief Assistant to Secretary for Chinese Affairs. Assistants to Secretary for Chinese Affairs.

Chinese Assistant.

Inspector of Factories.

TREASURY.

Treasurer.

Deputy Treasurer.

Assistant Treasurers.

Assistant Assessor.

Accountant.

Cashier.

Chinese Surveyor.

AUDIT DEPARTMENT.

Auditor.

Assistant Auditors.

DISTRICT OFFICES.

District Officers.

Assistant District Officers. Land Bailiffs.

1292

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

POST OFFICE.

Post Master General.

Accountant.

Superintendent of Mails.

Assistant Superintendents of Mails.

Postal Clerks and Shroffs.

Compradore.

Launch Officers.

Head Postman.

WIRELESS TELEGRAPHY STAFF.

Traffic Superintendent.

Assistant Traffic Superintendent. Telegraphists.

Clerks and Shroffs.

IMPORTS & EXPORTS DEPARTMENT.

Superintendent.

Assistant Superintendent. Monopoly Analyst.

Chief Preventive Officer.

Senior Revenue Officer.

European Revenue Officers.

Senior Chinese Revenue Officers.

HARBOUR DEPARTMENT.

Harbour Master.

Deputy Harbour Master.

Assistant Harbour Master.

Chief Boarding Officer.

Boarding Officers.

Chief Inspector of Junks and Cargo boats.

Chief Assistant Inspector of Junks & Cargo boats.

Assistant Inspectors of Junks & Cargo boats.

Deputy Shipping Master.

Government Marine Surveyors.

Senior Assistant Surveyors. Assistant Surveyors.

Nautical Surveyors. Draughtsman.

LAUNCH CREWS.

Chief Engineers, Grades I & I).

Engineers, Classes I, II, III.

Chief Coxswain.

Coxswains, Class I.

LIGHTHOUSES & LIGHTS.

Officer in charge of Green Island and Sub-inspector of Lighthouses.

Lighthouse keepers.

Mechanic.

GUNPOWDER DEPOT.

Officer-in-charge.

SIGNAL STATIONS.

Signalman Blackhead's Hill, Signalman Green Island.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

HARBOUR DEPARTMENT,-Continued.

GOVERNMENT SLIPWAY.

Boatswain.

Motor Mechanic.

AIR SERVICES.

Superintendent of Aerodrome. Mechanics.

ROYAL OBSERVATORY.

Director.

Chief Assistant.

Professional Assistant. Head Computer. Telegraphist-computers. Lithographer.

FIRE BRIGADE.

Superintendent.

Inspection Officer.

Assistant Engineer & Station Officer. Station Officer.

Assistant Station Officers.

Mechanical Engineers.

Assistant Mechanical Engineer.

Chinese Sub-officers.

Head Foreman.

Motor Drivers.

Motor Mechanics.

Fitters.

Chief Engineers.

Engineers, Classes I, II & III.

Coxswains, Class I.

Store Foreman.

JUDICIAL.

Chief Justice.

Judges.

Police Magistrates & Coroners.

Registrar.

Deputy Registrars.

Bailiffs.

Clerks & Ushers.

LAW OFFICES.

Attorney General.

Assistant to Attorney General.

Crown Solicitor.

Assistant Crown Solicitors.

OFFICIAL RECEIVER AND REGISTRAR OF TRADE MARKS.

Official Receiver and Registrar of Trade Marks.

1293

1294

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

LAND REGISTRY.

Land Officer.

Assistant Land Officers.

POLICE.

Inspector General.

Deputy Inspector General,

Divisional Superintendents. Superintendents.

Assistant Superintendents.

CIVILIAN STAFF.

Coxswains, Class 1.

Chief Engineers, Grades I & II. Engineers, Classes I, II & III. Motor Mechanics.

Motor Drivers.

Armourer Attendant, Grade 1.

PRISONS.

Superintendent.

Assistant Superintendent. Chief Warder.

Assistant Chief Warder.

Principal Warders.

Warders.

Matron.

Assistant Matron.

Wardresses.

Trades Instructor.

Motor Drivers.

INDIAN STAFF.

Chief Warder..

Principal Warders.

Assistant Principal Warders.

Warders.

Assistant Warders.

PRINTING SHOР.

Principal Printing Officer.

Assistant Principal Printing Officer.

Printing Officers.

Proof Reader and Typist.

HOSPITAL STAFF.

Hospital Supervisor.

Assistant Hospital Supervisor.

Hospital Principal Indian Warder.

Hospital Assistant Principal Indian Warder. Hospital Indian Warders.

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

MEDICAL DEPARTMENT.

Director of Medical & Sanitary Services.

Deputy Director of Medical & Sanitary Services.

Senior Medical Officers.

Medical Officers.

Radiologist.

Chinese Medical Officers.

Radiographer.

Senior Health Officer.

Health Oflicers.

Chinese Health Officer. Apothecary.

Assistant Apothecaries.

Principal Matron.

Masseuses.

Matrons.

Home Sister.

Steward.

Assistant Steward.

Tutor Sister.

X Ray Sister.

Nursing Sisters. School Nurses.

Charge Nurses.

Infant Welfare Nurses.

Staff Nurses of more than one year's service in the grade. Midwives.

Charge Dressers.

Staff Dressers of more than one year's service in the grade. Linen Maid.

Charge Dispensers.

Staff Dispensers of more than one year's service in the grade.

MENTAL HOSPITAL.

Head Attendant.

Assistant Attendant.

Female Attendants.

Wardmasters.

KENNEDY TOWN HOSPITAL.

Wardmaster.

OFFICE OF HEALTH OFFICER OF PORT.

Health Officer of Port and Inspector of Immigrants.

Second Health Officer.

Public Vaccinators.

BACTERIOLOGICAL INSTITUTE.

Bacteriologist.

Assistant Bacteriologist.

Laboratory Assistants.

MALARIOLOGIST'S SUB-DEPARTMENT.

Malariologist.

Assistant to Malariologist. Inspectors.

1295

1296 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

MEDICAL DEPARTMENT,-Continued.

MORTUARIES.

Senior Attendant ($440-$660).

GOVERNMENT LABORATORY.

Analyst.

Assistant Analyst.

Assistant Analysts, Class II.

SANITARY DEPARTMENT.

Head of Sanitary Department.

Assistant Head of Sanitary Department. Veterinary Surgeon.

Assistant Veterinary Surgeon.

Chief Inspector.

Senior Sanitary Inspectors,

Sanitary Inspectors.

Storekeeper.

Assistant Storekeeper.

Overseers.

Foremen, Grades I & II.

Foremen Artisans.

Engineers, Disinfecting Stations.

Motor Mechanics.

Motor Drivers.

Artisans, Senior ($504 p.a.)

BOTANICAL & FORESTRY DEPARTMENT.

Superintendent.

Assistant Superintendent.

Supervisors.

Assistant Supervisor.

Herbarium Assistant.

Motor Driver.

Storeman.

GARDENS.

Head Gardener.

Assistant Head Gardener.

FORESTRY.

Inspector of Forests.

Head Forester.

Second Forester.

Third Forester.

EDUCATION DEPARTMENT.

Director of Education.

Inspectors of English Schools. Inspectors of Vernacular Schools

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9,

EDUCATION DEPARTMENT,-Continued.

BRITISH STAFF.

Head Masters Queen's & King's Colleges. Senior Masters.

Masters.

English Teacher, Vernacular Mid lle School.

Head Mistress, Belilios Public School.

Mistresses on sterling salaries.

*Mistresses on dollar salaries-L. Heang, M. L. Whitley.

Head Master, Junior Technical School.

Carpentry Instructor, Junior Technical School.

NON-BRITISH STAFF.

Head Teacher Vernacular Middle School. Full Time Lecturer.

Anglo-Chinese Masters.

University Trained Teachers (graduated). Vernacular Masters.

Mistresses.

Head Teacher Women's Normal School. Senior Vernacular Mistresses.

Vernacular Mistresses.

RAILWAY.

Manager & Chief Engineer.

Chief Accountant.

Traffic Manager & Storekeeper,

Traffic Assistant,

Traffic Inspectors,

Traffic Sub-Inspectors. Telephone Operators. Station Masters.

Booking Clerks.

Senior Goods Clerk.

Goods Clerk.

Relief Goods Clerk,

Signalmen.

Block Operators.

Ticket Printer.

Drivers.

Guards.

Relieving Guard.

Ballast Guard.

Ticket Collectors.

Chief Mechanical Engineer.

Assistant Mechanical Engineer.

Engine Examiner.

Clerk.

Foreman. 1st Class.

Fitters, 1st & 2nd Classes (on monthly wages)

Carpenters. 1st & 2nd Classes (on monthly wages).

Machinist, 1st Class.

Electricians, 1st Class (on monthly wages).

Electric Welder.

Painter, 1st Class.

Assistant Engineer.

Inspector of Permanent Way.

1932.

1297

1298

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 9, 1932.

RAILWAY, -Continued,

Sub-Inspectors,

Draughtsman.

Building Foreman,

No. 1 Headdoman.

Headmen,

Motor Drivers.

DEFENCE.

Lieutenant & Quarterme ster,

Motor Driver.

Armourer Mendant.

PUBLE WORKS DEPARTMENT.

Dirvetor of Public WorkS,

Assistant Directors of Public Works.

Technical Secretary to Director of Public Works.

Vieneral Secretary in Dietor of Public Works. Superintenden of Necounts & Stores.

Deputy Superintendent of Accounts & Stores.

Executive Engineers,

Architect

Electrical Engineer.

Engineers.

Assistant Electrical Engineer.

Engineering Assistant.

Assistant Engineer Port Development.

Senior Jaspectors of Works.

Inspectors of Works.

Assistant Storekeeper.

Inspector of Stores,

Inspector of Furniture.

Quantity Surveyor.

Assistant Quantity Surveyor.

Överseers.

Chief Draughtsmen.

Draughtsmen.

Land Surveyors.

Assistant Land Surveyors,

Foremen.

Superintendent of Crown Lands.

Assistant Superintendent of Crown Lands.

Senior Land Bailiffs.

Land Bailiff's.

Foremen, Classes 1 & 11.

Telegraph S.-Engineers,

Badi Terbuicion.

Wireless Technicians.

Junior Wireles. Technician.

Wireless Mechanician.

Junior Wireless Mechanicians.

Electrical Fitter.

Timekeeper.

Electric Fan & Ligat Inspector.

Telephone Supervisors.

Telephone Operators.

Inspectors of Wireless and Telegraphs.

General Foreman,

Government Gazette | 政府憲報 | 1932